pp 98-9 Tenant-right in Santerre (Picardy). Tenant considers himself a co-proprietor of the land. Former payment of rent in kind taken to be a sign of joint ownership. Now in money, but calculated upon market price of corn. Landlord’s loss of control. High money value of droit de marché.
p 104 Traces of Roman occupation. Roman soldier followed by farmer. ‘Under the empire the colonus was not a slave, but the owner of slaves: he held his land in perpetuity; he could not leave it. He paid a fixed rent in kind, which could not be raised. Tenant-right therefore is explained as the recognition by the Frankish conquerors of this hereditary claim to the perpetual occupation of the soil.’ [One of the various explanations offered.]
p 119 Severe legislation failed to get rid of tenant-right, but since 1791 it has been recognized, and so its importance decreased. Under the ancien régime leases were short—9 years—and precarious. They were governed by the Roman law maxim emptori fundi necesse non est stare colonum. That is, if property changed hands during the continuance of the lease, the new owner might evict the tenant. The Code Civil confirms law of 1791—dispossession only if provision has been made (in lease) for it.
In general, land-tenures vary very greatly in the various provinces.
(4) G G Coulton, Social life in Britain from the Conquest to the Reformation. Cambridge 1918.
In Section VI Manor and Cottage are a number of extracts throwing light on the rustic conditions of their times.
1. A model Manor pp 301-6, describing the organization of an estate, with the duties of the several officials and departmental servants. Watchful diligence and economy, strict accountability and honesty are insisted on, that the rights of the Lord may not be impaired.
2. The Manorial court, pp 306-8.
3. The peasant’s fare, p 308.
4. Incidents of the countryside, p 309.