Lex Manciana
Encyclopedia
The Lex Manciana is a Roman law
dealing with tenancy agreements of Imperial estates in North Africa
.
, around c.50 km west of the ancient city of Carthage
. The inscription detailing the actual Lex Manciana comes from Henchir-Mettich in c.AD 116-117. Two additional inscriptions dealing with a similar subject matter, also in the same region, are known from Ain-elDjemala (Hadrianic period) and Ain Wassel c.AD 198-209).
tenant farmers on the Fundus Villae Magnae Variane (an Imperial estate). The content of the translation runs as follows:
1. Preamble - Identifies Licinius Maximus (an Equite) and Felicior (a freedman
of Trajan
) as the procurator
s who oversaw the establishment at Henchir-Mettich.
2. Authorisation to cultivate subseciva - Allows unusused 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 un-cultivated 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.
Sharecropping forces the coloni 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.
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
dealing with tenancy agreements of Imperial estates in North Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
.
Location
The Imperial estates in question are all from the Bagradas Valley region of Africa Proconsularis (modern day TunisiaTunisia
Tunisia , officially the Tunisian RepublicThe long name of Tunisia in other languages used in the country is: , is the northernmost country in Africa. It is a Maghreb country and is bordered by Algeria to the west, Libya to the southeast, and the Mediterranean Sea to the north and east. Its area...
, around c.50 km west of the ancient city of Carthage
Carthage
Carthage , implying it was a 'new Tyre') is a major urban centre that has existed for nearly 3,000 years on the Gulf of Tunis, developing from a Phoenician colony of the 1st millennium BC...
. The inscription detailing the actual Lex Manciana comes from Henchir-Mettich in c.AD 116-117. Two additional inscriptions dealing with a similar subject matter, also in the same region, are known from Ain-elDjemala (Hadrianic period) and Ain Wassel c.AD 198-209).
Inscription
The Inscription from Henchir-Mettich details the tenancy agreement for coloniColonus (person)
A colonus was a type of Roman peasant farmer, a serf. This designation was carried into the Medieval period for much of Europe.Coloni worked on large Roman estates called "latifundia" and could never leave. Latifundia raised sheep and other types of cattle...
tenant farmers on the Fundus Villae Magnae Variane (an Imperial estate). The content of the translation runs as follows:
1. Preamble - Identifies Licinius Maximus (an Equite) and Felicior (a freedman
Freedman
A freedman is a former slave who has been released from slavery, usually by legal means. Historically, slaves became freedmen either by manumission or emancipation ....
of Trajan
Trajan
Trajan , was Roman Emperor from 98 to 117 AD. Born into a non-patrician family in the province of Hispania Baetica, in Spain Trajan rose to prominence during the reign of emperor Domitian. Serving as a legatus legionis in Hispania Tarraconensis, in Spain, in 89 Trajan supported the emperor against...
) as the procurator
Procurator (Roman)
A procurator was the title of various officials of the Roman Empire, posts mostly filled by equites . A procurator Augusti was the governor of the smaller imperial provinces...
s who oversaw the establishment at Henchir-Mettich.
2. Authorisation to cultivate subseciva - Allows unusused 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
Wheat
Wheat is a cereal grain, originally from the Levant region of the Near East, but now cultivated worldwide. In 2007 world production of wheat was 607 million tons, making it the third most-produced cereal after maize and rice...
, barley
Barley
Barley is a major cereal grain, a member of the grass family. It serves as a major animal fodder, as a base malt for beer and certain distilled beverages, and as a component of various health foods...
, wine
Wine
Wine is an alcoholic beverage, made of fermented fruit juice, usually from grapes. The natural chemical balance of grapes lets them ferment without the addition of sugars, acids, enzymes, or other nutrients. Grape wine is produced by fermenting crushed grapes using various types of yeast. Yeast...
and olive oil
Olive oil
Olive oil is an oil obtained from the olive , a traditional tree crop of the Mediterranean Basin. It is commonly used in cooking, cosmetics, pharmaceuticals, and soaps and as a fuel for traditional oil lamps...
. Additional rents include one quarter or one fifth of beans and of honey
Honey
Honey is a sweet food made by bees using nectar from flowers. The variety produced by honey bees is the one most commonly referred to and is the type of honey collected by beekeepers and consumed by humans...
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
FIGS
FIGS is an acronym for French, Italian, German, Spanish. These are usually the first four languages chosen to localize products into when a company enters the European market....
for the first five years, and newly planted olive
Olive
The olive , Olea europaea), is a species of a small tree in the family Oleaceae, native to the coastal areas of the eastern Mediterranean Basin as well as northern Iran at the south end of the Caspian Sea.Its fruit, also called the olive, is of major agricultural importance in the...
trees for the first ten years.
7. Grazing - An annual fee of 4 asses
As (coin)
The , also assarius was a bronze, and later copper, coin used during the Roman Republic and Roman Empire.- Republican era coinage :...
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 un-cultivated 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.
Sharecropping
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 landSharecropping forces the coloni 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.