The Lex Manciana is a Roman law dealing with tenancy agreements of imperial estates in Roman North Africa.
The Imperial estates in question are all from the Bagradas Valley region of Africa Proconsularis (modern day Tunisia, around c.50 km west of the ancient city of Carthage. The inscription from Henchir-Mettich (c. AD 116-117 [1] ) consists in an adaptation of the Lex Manciana for the fundus Villa Magna Variana. [2] Several additional inscriptions dealing with a similar subject matter, also in the same region, are known, for example from Ain-elDjemala (Hadrianic period) and from Ain Wassel c. AD 198-209). [3]
The inscription from Henchir Mettich details the tenancy agreement for coloni tenant farmers on the Fundus Villae Magnae Variane (an Imperial estate). The content of the translation [4] runs as follows:
1. Preamble – Identifies Licinius Maximus (an Equite) and Felicior (a freedman of Trajan) as the procurators who oversaw the establishment at Henchir-Mettich.
2. Authorisation to cultivate subseciva – Allows unused land (subseciva) on this Imperial estate to be brought under cultivation under the following agreement.
3. Assessment of share rents – Tenants will pay rents in kind (i.e., part of the total crop) according to their own judgement.
4. Rents of subseciva – Rents are one third total crop of wheat, barley, wine and olive oil. Additional rents include one quarter or one fifth of beans and of honey if over five hives are owned.
5. Penalties – Beehives cannot be moved from the estate onto free land in order to avoid rent.
6. Incentives – No rents are charged on newly planted vines and figs for the first five years, and newly planted olive trees for the first ten years.
7. Grazing – An annual fee of 4 asses is payable per animal grazing on the land.
8. Damage – Avoidable damage to other tenants' crops is paid for by the offender.
9. Bequesting – Land under tenancy can be bequeathed to an heir in a legally binding contract. This clause intends to promote generational farming of the same land and thus further investment.
10. Confiscation – Land neglected and uncultivated for two consecutive years will be reclaimed by the landlord.
11. Labour Services – In addition to rents, each tenant must supply two consecutive days labour for ploughing and two for harvesting, on top of a day supervising the livestock. Labour services could be seconded to slaves or retainers of the tenants.
Subsistence farming for a family of six in the ancient world requires three hectares of land to provide crops and enough seed for the next year, though to include a one third payment to a landlord requires cultivation of at least five hectares of land. [4]
Sharecropping forces the colonii to cultivate their land with more effort to attain a minimum level of income than they would otherwise have to supply. It also allows the farmer to pass some of the risks involved in farming onto the landlord as a poor crop would mean lower rents.
The open-field system was the prevalent agricultural system in much of Europe during the Middle Ages and lasted into the 20th century in Russia, Iran, and Turkey. Each manor or village had two or three large fields, usually several hundred acres each, which were divided into many narrow strips of land. The strips or selions were cultivated by peasants, often called tenants or serfs. The holdings of a manor also included woodland and pasture areas for common usage and fields belonging to the lord of the manor and the religious authorities, usually Roman Catholics in medieval Western Europe. The farmers customarily lived in separate houses in a nucleated village with a much larger manor house and church nearby. The open-field system necessitated co-operation among the residents of the manor.
Enclosure or inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or "common land", enclosing it, and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land could be either through a formal or informal process. The process could normally be accomplished in three ways. First there was the creation of "closes", taken out of larger common fields by their owners. Secondly, there was enclosure by proprietors, owners who acted together, usually small farmers or squires, leading to the enclosure of whole parishes. Finally there were enclosures by acts of Parliament.
A tenant farmer is a person who resides on land owned by a landlord. Tenant farming is an agricultural production system in which landowners contribute their land and often a measure of operating capital and management, while tenant farmers contribute their labor along with at times varying amounts of capital and management. Depending on the contract, tenants can make payments to the owner either of a fixed portion of the product, in cash or in a combination. The rights the tenant has over the land, the form, and measures of payment vary across systems. In some systems, the tenant could be evicted at whim ; in others, the landowner and tenant sign a contract for a fixed number of years. In most developed countries today, at least some restrictions are placed on the rights of landlords to evict tenants under normal circumstances.
A lease is a contractual arrangement calling for the user to pay the owner for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. In essence, a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use.
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.
Roman agriculture describes the farming practices of ancient Rome, during a period of over 1000 years. From humble beginnings, the Roman Republic and the Roman Empire expanded to rule much of Europe, northern Africa, and the Middle East and thus comprised many agricultural environments of which the Mediterranean climate of dry, hot summers and cool, rainy winter was the most common. Within the Mediterranean area, a triad of crops were most important: grains, olives, and grapes.
Run rig, or runrig, also known as rig-a-rendal, was a system of land tenure practised in Scotland, particularly in the Highlands and Islands. It was used on open fields for arable farming.
Crofting is a form of land tenure and small-scale food production peculiar to the Scottish Highlands, the islands of Scotland, and formerly on the Isle of Man. Within the 19th-century townships, individual crofts were established on the better land, and a large area of poorer-quality hill ground was shared by all the crofters of the township for grazing of their livestock. In the 21st century, crofting is found predominantly in the rural Western and Northern Isles and in the coastal fringes of the western and northern Scottish mainland.
Agriculture in the Empire of Japan was an important component of the pre-war Japanese economy. Although Japan had only 16% of its land area under cultivation before the Pacific War, over 45% of households made a living from farming. Japanese cultivated land was mostly dedicated to rice, which accounted for 15% of world rice production in 1937.
Thangata is a word deriving from the Chewa language of Malawi which has changed its meaning several times, although all meanings relate to agriculture. Its original, pre-colonial usage related to reciprocal help given in neighbours' fields or freely-given agricultural labour as thanks for a benefit. In colonial times, between 1891 and 1962, it generally meant agricultural labour given in lieu of a cash rent, and generally without any payment, by a tenant on an estate owned by a European. Thangata was often exploited, and tenants could be forced to work on the owners' crops for four to six months annually when they could have cultivated their own crops. From the 1920s, the name thangata was extended to situations where tenants were given seeds to grow set quotas of designated crops instead of providing cash or labour. Both forms of thangata were abolished in 1962, but both before and after independence and up to the present, the term has been used for short-term rural casual work, often on tobacco estates, which is considered by workers to be exploitative.
The metayage system is the cultivation of land for a proprietor by one who receives a proportion of the produce, as a kind of sharecropping. Another class of land tenancy in France is named fermage, whereby the rent is paid annually in banknotes. A farm operating under métayage was known as a métairie, the origin of some place names in areas where the system was used, such as Metairie, Louisiana.
In the late Roman Empire and the Early Middle Ages a colonus was a tenant farmer. Known collectively as the colonate, these farmers operated as sharecroppers, paying landowners with a portion of their crops in exchange for use of their farmlands.
Agriculture in the United Kingdom uses 70% of the country's land area, employs 1% of its workforce and contributes 0.5% of its gross value added. The UK currently produces about 54% of its domestic food consumption.
The problem of land reform in Ethiopia has hampered that country's economic development throughout the late 19th and 20th centuries. Attempts to modernize land ownership by giving title either to the peasants who till the soil, or to large-scale farming programs, have been tried under imperial rulers like Emperor Haile Selassie, and under Marxist regimes like the Derg, with mixed results. The present Constitution of Ethiopia, which was put into force January 1995, vests land ownership exclusively "in the State and in the peoples of Ethiopia." The relevant section continues, "Land is a common property of the Nations, Nationalities and Peoples of Ethiopia and shall not be subject to sale or to other means of exchange." Despite these different approaches to land reform, Ethiopia still faces issues of sustainable food self-sufficiency.
The Agricultural Holdings Act 1995 is an Act of the Parliament of the United Kingdom which applies to England and Wales. It is in force. The Act reformed and substantially deregulated the law relating to agricultural tenancies, and has had the dual effects of increasing the amount of land available to rent in the agricultural sector, and increasing the average rent per acre charged.
The Natives on Private Estates Ordinance, 1928 was a colonial ordinance passed by the Legislative Council of the Nyasaland Protectorate. The body was composed mainly of senior colonial officials, with a minority of nominated members, to represent European residents. The ordinance regulated the conditions under which land could be farmed by African tenants on estates owned by European settlers within that protectorate. The legislation corrected some of the worst abuses of the system of thangata under which tenants were required to work for the estate owner in lieu of paying rent.
The Abrahams Commission was a commission appointed by the Nyasaland government in 1946 to inquire into land issues in Nyasaland. This followed riots and disturbances by tenants on European-owned estates in Blantyre and Cholo districts in 1943 and 1945. The commission had only one member, Sir Sidney Abrahams, a Privy Counsellor and lawyer, the former Attorney General of the Gold Coast, Zanzibar and Uganda, and the former Chief Justice, first of Uganda and then Ceylon. There had been previous reviews to consider the uneven distribution of land between Africans and European, the shortage of land for subsistence farming and the position of tenants on private estates. These included the Jackson Land Commission in 1920, the Ormsby-Gore Commission on East Africa in 1924 and, most recently, the Bell Commission on the Financial Position and Development of Nyasaland in 1938, but none of these had provided a permanent solution. Abrahams proposed that the Nyasaland government should purchase all unused or under-utilised freehold land on European-owned estates, which would then become Crown land, available to African farmers. The Africans on estates were to be offered the choice of remaining on their current estate as paid workers or tenants, or of moving to Crown land. These proposals were not implemented in full until 1952. The report of the Abrahams Commission divided opinion. Africans were generally in favour of its proposals, as were both the governors in post from 1942 to 1947, Edmund Richards, and the incoming governor, Geoffrey Colby. Estate owners and managers were strongly against it, and many European settlers bitterly attacked it.
Villamagna in Proconsulari was a town in the Roman province of Africa Proconsulare. It is identified with the modern village of Henchir Mettich, located around 50 km from Carthage in Tunisia.
Henchir Mettich is a town of the Bagradas Valley region in Tunisia, c.50 km west of the ancient city of Carthage. The area around Henchir Mettich is currently a semi-arid district of mostly barren hills, some of which are currently cultivated with olive trees.
Henchir-El-Hatba is a village and an archaeological site in Tunisia. It was a Roman Catholic diocese.