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
It must be granted that there is little direct evidence prior to the
9th century in disproof of the free community; but all the indirect
evidence seems to tell against it. Gibbon long ago pointed out that the
grant by the King of the South Saxons to St. Wilfrid, in the year 680,
of the peninsula of Selsey (described as “the land of 87 families”),
with the persons and property of all its inhabitants, showed that
there, at any rate, there was a dependent population; especially as
Bede goes on to tell us that among these inhabitants there were 250
slaves. And there are two still more considerable pieces of evidence
to which due attention has hardly been given. The one is that the
great majority of the early grants of land, beginning as early as 674,
expressly transfer with the soil the cultivators upon it, and speak of
them by precisely the same terms, _cassati_ and _manentes_, as were in
contemporary use on the Continent to designate prædial serfs.[4] The
other is that, as in the rest of Western Europe the whole country was
divided into _villæ_, each _villa_ being a domain belonging to one or
more proprietors, and cultivated by more or less servile tenants,[5]
so in Bede’s _Ecclesiastical History_, written in 731, the ordinary
local division is also _villa_, often specifically described as _villa
regia_ or _villa comitis_. He does indeed use _vicus_ or _viculus_ a
dozen times; but in three of these cases the word _regis_ or _regius_
is added, and in two the term _villa_ is also used in the same chapter
for the same place.[6] These five examples, it may further be noticed,
occur in a narrative of the events of the middle of the seventh
century,--a period near enough to Bede’s own time for his evidence to
be valuable, and yet within a century and a half after the conquest of
the districts in question.
The absence, however, of direct evidence in proof of the original free
community in England, and the presence of much indirect evidence in
its disproof, have hitherto been supposed to be counterbalanced by
the well-ascertained existence of the mark among our German kinsfolk,
and by the results of “the comparative method,” especially as applied
to India. Let us take the _markgenossenschaft_ first. It is a little
difficult to discover the exact relation between Kemble and Maurer;
but the obvious supposition is that it was from Maurer that Kemble
derived his main idea; and it has usually been supposed that however
Kemble may have exaggerated the action of the mark in England, in
Germany it could be traced with unhesitating certainty. This is what,
to Englishmen, gives especial interest to the essay of M. Fustel de
Coulanges translated in the present volume.
Public-domain text, read in full here on John Shaqi.
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