The Origin of Property in Land: With an introductory chapter on the English manor by W. J. AshleyFustel de Coulanges
History
The Origin of Property in Land: With an introductory chapter on the English manor by W. J. Ashley
Fustel de Coulanges
Land tenure -- Law and legislation -- History; Manors -- Great Britain; Real property -- History
[65] We have shown elsewhere (_Recherches sur quelques problèmes
d’histoire_, pp. 269-289) the mistakes which have been committed as
to the words _agri_, _occupantur_, _cultores_, _arva_, _mutant_,
_superest ager_. On the special meaning of _occupare agrum_, to put
land to account by placing slaves upon it, see Columella, ii. 9; ii.
10; ii. 11; ii. 13; v. 5; v. 10; notice especially these two passages,
Columella, i. 3: occupatos nexu civium aut ergastulis, and _Code_ of
Justinian, ix. 49, 7: quot mancipia in prædiis occupatis teneantur. As
to the meaning of _cultores_, we must remember the _coloni_ of whom
Tacitus has spoken in the previous chapter. For the meaning of _arva_,
see Varro, _De re rustica_, i. 29: arvum est quod aratum est; _ibid._,
i. 13: boves ex arvo reducti; i. 19: ad jugera ducenta arvi, boum jugo
duo; cf. Cicero, _De republ._, v. 2, and especially Digest, L., 15, 4.
_Mutare_ does not mean to exchange among themselves; to express that
meaning _inter se_ would have been needed: _mutare_ by itself is the
frequentative of _movere_, and means to shift. The Germans shifted
their tillage, and tilled now one part, now another of the estate.
If we translate each of the words of Tacitus literally, especially
if we pay attention to the context and read the entire chapter, _nec
pomaria_, _nec hortos_, ... _sola seges_, etc., we see that Tacitus is
describing the method of cultivation among the Germans, and that it
does not occur to him to say whether they were or were not acquainted
with the system of private ownership. Do not forget, moreover, that
chapter xxvi. follows chapter xxv., where Tacitus has said that the
soil is cultivated by slaves, each paying certain dues to his master.
After a sort of parenthesis on the freedmen, he returns to these
_cultores_. He shows how they farm, and he blames their method. The
chapter ought to be closely scanned and translated word for word with
the meaning each word had in the time of Tacitus, and not hastily
rendered to suit some preconceived idea.
[66] _In sortem alterius fuerit ingressus._ In the documents from the
4th to the 8th century the word _sors_ meant a private property: _sors
patrimonium significat_, says the grammarian Festus. The contribution
of corn is proportional, says the Theodosian code, to the extent of
the properties, _pro modo sortium_, xi. 1,15. Cassiodorus, _Letters_,
viii. 26: _sortes propriæ_. Laws of the Visigoths, viii. 8, 5:
_sortem suam claudere_, x. 1, 7: _terra in qua sortem non habet_.
Salic law, Behrend, p. 112: _Si quis in mansionem aut sortem_. Law
of the Burgundians, xlvii. 3: _Filii sortem parentum vel facultatem
vindicabunt_; lxxviii.: _Si pater cum filiis sortem suam diviserit_. In
all these examples _sors_ signifies property or inheritance.
[67] _Lex Alamannorum_, xlv. and xlvi. edit. Pertz, p. 61; edit.
Lehmann, pp. 105-106.
[68] _Lex Baiuwariorum_, xiii, 9, Pertz, p. 316.
[69] _Ibidem_, xii, 8, Pertz, p. 312.
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