On the introduction of agriculture, the enjoyment of the portion of the mark brought under cultivation ceased to beundivided: it became individual property, but only temporary property, for the space of a life at most. There was only ausufruct; a jus possessionis , similar to that which the Roman citizen exercised over the Ager Publicus ; the dominium , theeminent domain continued to belong to the tribe. This change in the mode of enjoyment was the necessary consequence ofthe change from the pastoral to the agricultural system. The cultivation of grain requires labour, manure, and the applicationof a certain outlay to the soil: this work cannot be properly carried out, unless he who executes it is sure of reaping the fruitof his outlay. Hence the necessity of individual occupation. On the other hand, as an equal right to live by his labour wasrecognized in every head of a family, a new allotment had to be made from time to time, that every one alike might be put inpossession of the part which fell to him. Thus the clan retained a sort of eminent domain, and periodically effected a newpartition of the soil. As we have seen, this primitive organization of the mark has been perpetuated in several countries,particularly Java, and Russia. Elsewhere, a few families, attaining greater power, retained their portion, which has beentransmitted by hereditary descent. So private property, the type of which we must seek in the quiritary ownership of theRomans, came into existence.
Among nations of German origin, or in countries conquered. by the Germans, the feudal system made gradualencroachments on the mark. In England, where, in consequence of the Norman conquest, feudalism was organized morecompletely and systematically than anywhere else, the manor finally absorbed the forest and pasture-land of the communes.
The cultivated lands, tilled by the peasants, were soon released from periodic partition. Hence there remain hardly any tracesof the primitive mark in England. The complete and absolute dominium of the Roman law, however, has never beenrecognized. In strict law, the English soil, conquered by William, and distributed by him to his vassals, still belongs to theSovereign. The possessors of it are mere tenants of the Crown. (4)In France the peasants, remaining for a long time associated in family groups, succeeded in preserving their communalproperty. This property, however, attacked as it is by economists, broken in upon by laws of compulsory partition, andalways badly managed, hardly yields anything. The use of it is badly regulated, and it only survives as a relic of the past, instrong contrast with the existing agrarian economy. In Switzerland the case is quite otherwise. In the high valleys feudalismwas not introduced till late; it never attained to much power, and before the end of the middle ages it had completelydisappeared. The democratic institutions of the primitive mark were therefore maintained in all their vigour. Althoughprivate property has by degrees spread considerably, communal property has not disappeared. Under regulations, continuallyincreasing in precision, it has followed a regular juridical development, and still plays a very important part in the economiclife of the Alpine cantons.
The lands of the communes in Switzerland are called Allmenden , which seems to signify that they are the common domainof all. In a restricted sense, the name Allmend is applied to that portion of the undivided domain, situated near the village,which is devoted to agriculture.
The common territory consists of three distinct portions -- forest, meadow, and cultivated land -- Wald, Weide und Feld.
Certain villages, such as those in the cantons of Zug and Schwytz, where there are marshy plateaus, possess besides landswhere rushes are cut for litter ( Riethern ), and others wbere turf is cut for firing ( Torfplaetze ). Commonable land is not there,as with us, a bare waste, or sterile heath, pasturing a few miserable sheep, and presenting a picture of neglect and desolation.
It is a domain managed according to strict rules dictated by the requirements of systematic agriculture. All the inhabitantsregularly take part in its management, and the produce is as great as on private domains, for the cultivated land of the allmend will let at 250 or 300 francs the hectare. This domain provides those, who are entitled to the use of it, with themeans of satisfying the first wants of life. It supplies turf or wood for firing, timber for the construction or repairing of thechâlet, and the construction of household articles, tools or agricultural implements -- in a word lodging and furniture; asummer pasturage for the sheep and cows, which yield milk, butter, meat and wool -- or animal food and clothing; andfinally a plot of cultivated land, yielding corn, potatoes and vegetables.
In many villages the portion of cultivated land which falls to each family is abundantly manured and used as a kitchengarden: it is sufficient to contribute largely to the vegetable portion of the food supply. At Stanz every occupier is entitled to1,400 klafter , which amount to 45 ares; or more than an English acre. In the canton of Saint-Gall the village of Buchs allowseach of the cultivators 1,500 klafter or about half a hectare of excellent land, as well as firewood for the whole year, and alpfor a considerable head of cattle; and besides this, it derives from its communal property a revenue sufficient to support theschoolmaster and pastor, and to meet all public expenses without imposing any tax. At Wartau, also in the Oberland ofSaint-Gall, every occupier receives 2,500 klafter or 80 ares in usufruct.
