FEOM THE EARLIEST TIMES. 5' 



western wave of civilisation which, among others, was destined 

 to have such effect in improving the agriculture of European 

 nations. It was from the fact of the Eomans becoming the 

 disciples and miitators of the Etruscans that the sudden and 

 brilliant rise of the Empire may be traced. The lease was well 

 known among the Romans ; but not — unless the source be 

 the one indicated — from whence it was derived. 



In the earlier periods of Eoman jurisprudence, land is described 

 as being cultivated by three methods — 1st, by the proprietor 

 and slave labour ; 2d, iDy free or partially free farmers, partiarii; 

 and 3d, by the coloni liberi, corresponding closely with our 

 modern farmer. "Wlien we study closely the analogy of other 

 countries in regard to the stocking of farms, it is not clear that 

 even the coloni liberi were so favourably situated as to be the 

 owners ; for Cato, one of the earliest writers on agriculture 

 (550 B.C.), in his full and distinct details, does not mention any- 

 thing tending in that direction. It is presumed — although no 

 formula of the ancient Roman lease is extant — that it partook 

 of the bilateral form of their' other contracts. Written contracts 

 were common before the Christian era, as Columella mentions 

 lawsuits between lessor and lessee. Conditions, some of which 

 were enumerated and some culled from u;eneral reference, have 

 been given in the following arrangement: — 1st, duration, generally 

 five years ; 2d, the right descending to heu^s ; 3d, a power to 

 assign or sublet, if not restricted ; 4th, a rent in money, pro- 

 duce, or services, or a combination of them ; 5 th, rigid culture 

 and management stipulations ; 6th, meliorations and fixtures ; 

 7th, penal clauses, by which desertion, improper cultivation, or 

 two years' unpaid rent, irritated the lease. During the Empire 

 free cultivators diminished, and slaves correspondingly increased ; 

 and although leases were less common, they still existed ; for, in 

 444, " A person is sent into Sicily to reorganise the revenues of 

 the House of Ravenna." These were principally from land, as 

 the sums due by the several tenants, the names of the i^articular 

 farms, the kind of rent — whether money, services, or produce^ 

 are set down in an accurately-kept estate book, and show that 

 there was then pursued a very similar management to that of 

 our o^^m time. 



Medimval Continental Lease. 



It is difficult to say when, on a great part of the Continent, 

 the Roman law fell into disuse, and that of the Middle Ages 

 l)egan to be substituted. After the fifth century the notices" of 

 land occupation are embodied in the Leges Barharorum and the 

 Capitularia Reguin Francorum ; and it is from these that 

 modern authorities have derived any information regarding the 

 mode of occupation, the condition of the occupier, and the 



