vill3-第33节
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rents。 But the explanation would hardly suit the age in which the Hundred Rolls were compiled。 The phenomenon mentioned in the text may be observed in all the Cartularies； and there is no reason to think that the free rents which occur in them are already antquated survivals of agreements which had lost their economic sense。
73。 Rot。 Hundr。 ii。 542。
74。 Ib。 348。
75。 Ib。 508。
76。 Exch。 Q。 R。 Misc。 Books； N 29； f 11 a。
77。 Exch。 Q。 R。 Misc。 Books； N 29； f。 12： 'Idem Thomas habet ibidem 12 villanos tenentes 4 virgatas terre et dimidiam in villenagio； unde Johannes Aylind tenet dimidiam virgatam terre pro 5s。 8d。 faciens fenum domini per Unum diem cum uno homine； metens blada eiusdem domini per 1 diem eum Uno homine； etc。 Idem Thomas habet ibidem 11 liberos tenentes 11 virgatas terre et dimidiam。 Unde Willelmus en la Nurne tenet dimidiam virgatam et 4 acras terre pro 4 solidis faciens sectam ad curiam de Bathekynton bis per annum pro omni demanda。'
78。 Bodekesham； Cambs。 （R。 H。 ii。 487）； is probably a case of molland。 The often…quoted instance of Ayllington is doubtful； although the Ramsey Cartulary speaks of the liber tenentes as malmanni。 The expression was probably in use for all rent…paying people； although properly a designation of those who had commuted their services。 See Appendix XV。
79。 R。 H。 ii。 349； 350： 'In Weston； Bucks； the service of the villain virgater is estimated at 5s。 2d。。。。 Elyas Clericus tenet dim。 virgatam et reddit Johanni de Patishull 1d。 Willelmus fil。 Willelmi de Ravenestone tenet dim。 virgatam de eodem feodo et reddit per annum 1 d。 Thomas Acpelard tenet dimidiam virgatam terre et reddit dicto Willelmo de Nodaris 3 d。 Stephanus Elys tenet dimidiam virgatam et solvit eodem Willelmo 2d。 Thomas Thebaud tenet dimidiam virgatam et reddit eidem Willelmo 1d。。。。 Item Robertus le Cobeler tenet dimidiam virgatam terre et solvit eodem 1 libram cimini。 Omnes isti prescripti dant per annum forinsecum et scutagium domino Willelmo de Nodaris quando currit。' Cf Torrington； Bucks； R。 H。 ii。 352。
80。 R。 H。 ii。 713 （Stanton； Oxon。）： 'ad alternacionem cujuslibet domini de Stanton debet recognoscere eundem dominum de uno spervario et dabit dimidiam marcam eidem domino。'
81。 See e。 g。 Ramsey Cartul。 i。 138； 142。
82。 R。 H。 ii。 402； 403。
83。 R。 H。 ii。 466。 Cf 609。
84。 R。 H。 ii。 502。
85。 R。 H。 ii。 484； 485。
86。 R。 H。 469； 470； 475。
Chapter 5
The Manorial Court
The communal organisation of the village is made to subserve the needs of manorial administration。 We feel naturally inclined to think and to speak of the village community in opposition to the lord and to notice all points which show its self…dependent character。 But in practice the institution would hardly have lived such a long life and played such a prominent part if it had acted only or even chiefly as a bulwark against the feudal owner。 Its development has to be accounted for to a great extent by the fact that lord and village had many interests in common。 They were natural allies in regard to the higher manorial officers。 The lord had to manage his estates by the help of a powerful ministerial class； but there was not much love lost between employers and administrators； and often the latent antagonism between them broke out into open feuds。 If it is always difficult to organise a serviceable administration； the task becomes especially arduous in a time of undeveloped means of communication and of weak state control。 It was exceedingly difficult to audit accounts and to remove bad stewards。 The strength and self…government of the village group appeared； from this point of view； as a most welcome help on the side of the owner。（1*） He had practically to surrender his arbitrary power over the peasant population and their land； he had to conform to fixed rules as to civil usage； manorial claims and distribution of territory； but the common standards established by custom did not only hamper his freedom of disposition； they created a basis on which he could take his stand above and against his stewards。 He had precise arrangements to go by in his supervision of his ministers； and there was something more than his own interest and energy to keep guard over the maintenance of these forms： the village communities were sure to fight for them from beneath。 The facilities for joint action and accumulation of strength derived from communal self…government vouched indirectly for the preservation of the chief capital invested by the lord in the land： it was difficult for the steward to destroy the economic stays of the villainage。 There are many occasions when the help rendered by the village communities to the lord may be perceived directly。 I need hardly mention the fact that the surveys； which form the chief material of our study； were compiled in substance by sworn inquests； the members of which were considered as the chief representatives of the community； and had to give witness to its lore。 The great monastic and exchequer surveys do not give any insight into the mode of selection of the jurors： it may he guessed with some probability that they were appointed for the special purpose； and chosen by the whole court of the manor。 In some cases the ordinary jurors of the court； or chief pledges； may have been called upon to serve on the inquest。 There is another point which it is impossible to decide quite conclusively； namely； whether questions about which there was some doubt or the jurors disagreed were referred to the whole body of the court。 But； although we do not hear of such instances in our great surveys； it is surely an important。 indication that the extant court…rolls constantly speak of the whole court deciding questions when the verdict of ordinary jurors seemed insufficient。 And such reserved cases were by no means restricted to points of law； very often they concerned facts of the same nature as those enrolled in the surveys。（2*） On a parallel with the stewards and servants appointed by the lord； although in subordination to them； appear officers elected by the village。 As we have seen； the manorial beadle was matched by the communal reeve； and a like contrast is sometimes found on the lower degrees。（3*） In exceptional cases the lord nominates the reeve； although he still remains the chief representative of village interests and the chief collector of services。 But in the normal course the office was elective； and curious intermediate forms may be found。 For instance； the village selects the messarius （hayward）； and the lord may appoint him reeve。（4*） This is a point； again； which shows most clearly the intimate connexion between the interests of the lord and those of the village。 The peasants become guarantors for the reeve whom they chose。 A formula which comes from Gloucester Abbey requires； that only such persons be chosen as have proved their capacity to serve by a good conduct of their own affairs： all shortcomings and defects are to be made good ultimately by the rural community that elected the officer； and no excuses are to be accepted unless in cases of exceptional hardship。（5*） The economic tracts of the thirteenth century state the same principle in even a more explicit manner。 From the manorial point of view the whole village is responsible for the collection of duties。 There are payments expressly imposed on the whole。 Such is the case with the yearly auxilium or donum。 The partition of these between the householders is naturally effected in a meeting of the villagers。（6*） Most services are laid on the virgaters separately。 But they are all held answerable for the regularity and completeness with which every single member of the community performs his duties。 As to free holdings； it is sometimes noticed especially to what extent they are subjected to the general arrangement： whether they participate with the rest in payments； and whether the tenants have to work in the same way as the villains。（7*） Very often the documents point out that such and such a person ought to take part in certain obligations but has been exempted or fraudulently exempts himself； and that the village community has to bear a relative increase of its burdens。（8*） A Glastonbury formula orders the steward to make inquiries about people who have been freed from the performance of their services in such a way that their responsibility has been thrown on the village。（9*） But it would be very wrong to assume that the rural community could act only in the interest of the lord。 Its solidarity is recognised in matters which do not concern him； or even which call forth an opposition between him and the peasantry。 I have already spoken of the curious fact that the village is legally recognised as a unit； separated from the manor although existing within it。 When the reeve and the four men attend the sheriff's tourn or the eyre； they do not represent the lord only； but also the village community。 Part of their expenses are borne by the lord and part by their fellow villagers。（10*） The documents tell us of craftsmen who have to work for the village as well as for the lord。（11*） On a parallel with services due to the landowner； we find sometimes kindred services reserved for the village community。（12*） If a person has be
