6 ON THE HISTORY OF LEASES OF LANDS 



tenor and form of deeds of contract in connection. The princi- 

 pal cultivation seems to have been by slaves, but a portion must 

 have been either free or partially free ; for the dominus and the 

 colonus had in certain circumstances a mutual interest in the 

 produce, showing that, although not free from servitude, they 

 had a status different from the scrvi. Those altogether free 

 were termed Arim.anni, were evidently not numerous, and 

 differed much in wealth and position ; while, with the probable 

 exception of furnisliing the stocking, they corresponded with the 

 modern farmer. The Crown lands w^ere let to freemen, by 

 written documents ; for by a constitution of the Emperor 

 Frederic, it was directed the form they were to take. It is also 

 to be inferred that the Church lands were let to freemen ; for 

 the coloni are enjoined to render tlie same to the Church as the 

 coloni regis. Many other proofs can he adduced that Church 

 lands, from their greater security and the more liberal dealings 

 of the Churchmen, attracted the freest and best set of farmers. 



In Germany it appears that freemen were often reduced to 

 slavery, and vice versa, but the lands around the domain were 

 cultivated by domestics and retainers, while the most distant 

 possessions were tilled by slaves ; in this forming a contrast to 

 other countries which kept the slaves on the inland and let 

 the outland to free farmers. In Italy free farmers or coloni 

 partiarii, partially free, were few, and some authorities venture 

 the statement that they had entirely disappeared. In France it 

 appears that, in the thirteenth century, lands, vineyards, &c., 

 were let to ferme for a term, at a fixed rent with security, and 

 there was an obligation to cultivate properly and return the sub- 

 ject in as good condition at the end as it was at the beginning 

 of the term. Written documents controlled the letting of 

 Church lands especially, and Muratori mentions an important 

 example — because one of a complete lease — dated 869, and 

 entitled " Charta Walpeiii Episcojri Mutinensis." This contract 

 gives to John, a freeman, a farm to be cultivated, and partakes 

 partly of the nature of a grant, partly of the nature of contract ; 

 for although it begins in the usual charter form, it contains 

 contract stipulations as to residence, the purposes for which it is 

 let, the destination to heirs, cultivation, planting, erection, and 

 preservation of buildings and fences. It also has a defined 

 duration, a fixed rent — partly in grain — sheep, fowls, and ser- 

 vices, and a penalty for non-performance. The deed is written 

 by a notary, and the lessee signs by a mark, before witnesses, and 

 in all essentials, except the mention of its being a contract, 

 resembles the modern lease. 



English Lease. 

 It may be presumed that much the same system of land 



