Analysis of the Delimitation of the Vaccarès Pond and Jurisdictional Space of Arles
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Vaccarès pond, Arles jurisdictional space, delimitation, collective spaces, community rights, regular occupation of the land
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Abstract
This document provides an in-depth analysis of the delimitation of the Vaccarès pond and the jurisdictional space of the commune of Arles, highlighting the legal and political implications of the dispute between the community of Arles and the Hospital of Saint John of Jerusalem and the Saint Césaire monastery. The case is examined through the testimonies of witnesses and the archival documents of the city of Arles, shedding light on the rights exercised by the community on collective spaces and the importance of regular occupation of the land.
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[...] The witness replies no, of course, and then he is asked his age, which confirms the validity of the testimony. In addition, it is necessary to recall that this testimony has no bearing if it is not corroborated by vox publica. It must be that the fact advanced is notoriously known to the entire community. Otherwise, he knows it because it is a notorious fact and known to all in the territory of Albaron and other places:knows because of the aforementioned public voice and the form of his castle in Albaron and other places». [...]
[...] It is in this sense that the Vaccarès has been administered by the municipality of Arles since the beginning of the XIIIth century. The difficulties arose from the will of the religious orders to install saltworks, pastures and fisheries around this pond. Faced with these desires, the syndics of the Arles community argued that their rights of grazing and exploitation of wood on the site were ancient, the uncultivated lands being collective goods of the entire community that manages them. [...]
[...] It is within this framework of disputes and territorial contentions that the case related to the delimitation of the city of Arles concerning the Vaccarès pond and compiled in the B1126 document takes root. In 1345, following complaints from the Arles community, the Hospital of Saint John of Jerusalem, and the Saint Césaire convent of women, a domanial inquiry was ordered by the Provence sénéchal, Hugues de Baux. The issue at hand was to determine whether the new delimitation imposed by a royal magistrate on the Vaccarès pond had transgressed the limits of the city of Arles and thus annexed the Vaccarès pond, which benefited the entire population. [...]
[...] In 1269, an inquiry was made by the Bishop of Sisteron and Guillaume d'Agonerre, Grand Seneschal of Provence on the territories of Arles, Tarascon and other lands of Bertrand de Baux13. The boundary disputes, including those that concern us, continue until the 15th century, where an agreement is reached between Arles and Notre-Dame de la Mer on the separation of their territories14. The technique of boundary surveying in the Middle Ages. Pierre Portet has perfectly transcribed the difficulties of implementing boundary surveying. [...]
[...] The conflict related to the Vaccarès pond is part of this movement. In fact, these conflicts raise the question of the management of common lands and the rights that relate to them. As for Arles, this communal management is recorded in the archival documents, in the form of three fictitious collections28 comprised of paper copies (XVIth-XVIIIIth centuries) collected in 1819 and titled Abornement of the territory of the city of Arles. The DD 117 is dedicated to the limits and boundaries and follows a precise topographic classification easily materializable on site (the southern limits are treated first, then the west, north and east). [...]
