vill3-第26节
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inquests show that those who farmed the estates had extensive rights as to the use of domanial land； but their dealings with the customary tenants were always open to a revision by the landlords。 A confirmation like this Beauchamp one transferred the plot of demesne land into the class of free tenements； and created a tenure defensible at law。（43*） All such facts increase in number and importance with the increase of population： under its pressure the area of direct cultivation for the lord is gradually lessened； and in many surveys we find a sort of belt formed around the home farm by the intrusion of the dependent people into the limits of the demesne。（44*） The Domesday of St。 Paul's is especially instructive on this point。 Every estate shows one part of the lord's land in the possession of the peasants； sometimes the 'dominicum antiquitus assisum' is followed by 'terrae de novo traditae。'（45*） A second group of free tenements consists of plots which did not belong either to the demesne or to the regular holdings in the fields； but lay by the side of these holdings and were parcelled out in varying quantity and under various conditions。 We may begin by noticing the growth of leases。 There is no doubt that the lease…system was growing in the thirteenth century； and that it is not adequately reflected in our documents。 An indirect proof of this is given by the fact； that legal practice was labouring to discover means of protection for possession based on temporary agreement。 The writ 'Quare ejecit infra terminum' invented by William Raleigh between 1236 and 1240 protected the possession of the 'tenant for term of years' who formerly had been regarded as having no more than a personal right enforceable by an action of covenant。（46*） Manorial extents are sparing in their notices of leases because their object is to picture the distribution of ownership； and temporary agreements are beyond their range。 But it is not uncommon to find a man holding a small piece of land for his life at a substantial rent。 In this case his tenure is reckoned freehold； but still he holds under what we should now call a lease for life； the rent is a substantial return for the land that he has hired。 That English law should regard these tenants under leases for life as freeholders； should； that is； throw them into one great class with tenants who have heritable rights； who do but military service or nominal service； who are in fact if not in name the owners of the land； is very remarkable； hirers are mingled with owners； because according to the great generalisation of English feudalism every owner is after all but a hirer。 Still we can mark off for economic purposes a class of tenants whom we may call 'life…leaseholders；' and we can see also a smaller class of leaseholders who hold for terms of years。（47*） They often seem to owe their existence to the action of the manorial bailiffs or the farmers to whom the demesne has been let。 We are told that such and such a person has 'entered' the tenement by the leave of such and such a farmer or bailiff； or that the tenement does not belong to the occupier by hereditary right； but by the bailiff's precept。（48*） Remarks of that kind seem to mean that these rent…paying plots； liberated from servile duties； were especially liable to the interference of manorial officers。 Limits of time are rarely mentioned； and leases for life seem to be the general rule。（49*） The tenure is only in the course of formation； and by no means clearly defined。 One does not even see； for instance； how the question of implements and stock was settled whether they were provided by the landlord or by the tenant。 We feel our way with much greater security in another direction。 The fields of the village contain many a nook or odd bit which cannot be squeezed into the virgate arrangement and into the system of work and duties connected with it。 These 'subsecivae；' as the Romans would have said； were always distributed for small rents in kind or in money。（50*） The manorial administration may also exclude from the common arrangement entire areas of land which it is thought advantageous to give out for rent。 Those who take it are mostly the same villagers who possess the regular holdings； but their title is different； in one case it is based on agreement； in the other on custom。（51*） Plots of this kind are called forlands。（52*） In close connexion with them we find the essarts or assarts…land newly reclaimed from the waste； and therefore not mapped out according to the original plan of possession and service。 The Surveys often mark the different epochs of cultivation the old and the new essarts。（53*） The documents show also that the spread of the area under cultivation was effected in different ways； sometimes by a single settler with help from the lord；（54*） and sometimes by the entire village； or at any rate by a large group of peasants who club together for the purpose。（55*） In the first case there was no reason for bringing the reclaimed space under the sway of the compulsory rotation of crops or the other regulations of communal agriculture。 In the second； the distribution of the acres and strips among the various tenants was proportioned to their holdings in the ancient lands of the village。 The rents on essart land seem very low； and no wonder： everywhere in the world the advance of cultivation has been made the starting…point of privileged occupation and light taxation。 The Roman Empire introduced the emphyteusis as a contract in favour of the pioneers of cultivation； the French feudal law endowed the hotes （hospites） on newly reclaimed land with all kinds of advantages。 English practice is not so explicit on this point； but it is not difficult to gather from the Surveys that it was not blind to the necessity of patronising agricultural progress and encouraging it by favourable terms。 Of mol…land I have already spoken in another chapter。 I will only point out now that this class of tenements appears to have been a very common one。 Thirteenth century surveys often describe certain holdings in two different ways…on the supposition of their paying rent； and also on that of their rendering labour…services； when they pay rent they pay so much； when they supply labour they supply so much。 By the side of such holdings； which are wavering； as it were； between the two systems； we find the terra assisa or ad censum。 This class； to which molland evidently belongs； is distinguished from free tenure by the fact that its rent is regarded as a manorial arrangement； there is no formal agreement and no charter； and therefore no action before the king's courts to guard against disseisin or increase of services。 In practice the difference is not felt very keenly； and these tenements gradually came to be regarded as 'free' in every sense。 A characteristic feature of the movement may be noticed in the terms 'Socagium ad placitum' and 'Socagium villani'。（56*） These expressions occur in the documents； although they are not very common。 It would be hard to explain them otherwise than from the point of view indicated just now。 The tenement is paying a fixed and certain rent and therefore socage； but it is not defended by feoffment and charter。 It is not recognised by law； and therefore it remains at the will of the lord and unfree。（57*） The grant of a charter would raise it to the legal standing of free land。 Every student of manorial documents will certainly be struck by one well…marked difference between villain tenements and free tenements as described in the extents and surveys。 The tenants in villainage generally appear arranged into large groups； in which every man holds； works； and pays exactly as his fellows； so that when the tenement and services of some one tenant have been described we then read that the other tenants hold similar tenements and owe similar services。 On the other hand； the freeholds seem scattered at random without any definite plan of arrangement； parcelled up into unequal portions； and subjected to entirely different duties。 One man holds ten acres and pays three shillings for them； another has eight and a half acres and gives a pound of pepper to his lord； a third is possessed of twenty…three acres； pays 4s。 6d。； and sends his dependants to three boonworks； a fourth brings one penny and some poultry in return for his one acre。 The regularity of the villain system seems entirely opposed to the capricious and disorderly phenomena of free tenure。 And this fact seems naturally connected with some remarkable features of social organisation。 No wonder that free land is cut up into irregular plots： we know that it may be divided and accumulated by inheritance and alienation； whereas villain land is held together in rigid unity by the fact that it is； properly speaking； the lord's and not the villain's land。 Besides； all the variations of free tenure which we have discussed hitherto have one thing in common； they are produced by express agreement between lord and tenant as to the nature and amount of services required from the tenant。 Whether we take the case of a villain receiving a few acres in addition to his holding； or that of a servant recompensed by the grant of a privileged plot； or that of a peasant confirmed in the
