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第38节

vill3-第38节

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 be a plurality of free tenants to constitute a manor。 Coke expresses it in the following way: 'There cannot be ancient demesne unless there is a court and suitors。 So if there be but one suitor; for that the suitors are the judges; and therefore the demandant must sue at common law; there being a failure of justice within the manor。'(58*) We shall have to speak of this rule again when treating of classes in regard to manorial organisation。 But let us notice; even now; that in this view of the ancient demesne court the suitors are considered as the cardinal element of its constitution。 The same notion may be found already in trials of the fourteenth and even of the thirteenth century。 A curious case is reported in the Year Books of 11/12 Edw。 III。(59*) Herbert of St。 Quentyn brought a writ of false judgment against John of Batteley and his wife; the judgment having been given in the court of Cookham; an ancient demesne manor。 The suitors; or suit…holders as they were called there; sent up their record to the King's Bench; and many things were brought forward against the conduct of the case by the counsel for the plaintiff; the defendant trying to shield himself by pleading the custom of the manor to account for all unusual practices。 The judges find; however; that one point at least cannot be defended on that ground。 The suitors awarded default against the plaintiff because he had not appeared in person before them; and had sent an attorney; who had been admitted by the steward alone and not in full court。 Stonor; C。 J。; remarks; 'that it is against law that the person who holds the court is not suffered to record an attorney for a plea which will be discussed before him。' The counsel for the plaintiff offer to prove that the custom of the manor did not exclude an attorney appointed before the steward; on condition that the steward should tell it to the suitors in the next court after receiving him。 The case is interesting; not merely because it exhibits the suit…holders in the undisputed position of judges; but also because it shows the difficulties created by the presence of the second element of the manorial system; the seignorial element; which would neither fit exactly into an entirely communal organisation nor be ousted from it。(60*) The difficulty stands quite on the same line with that which meets us in the common law manor; where the element of the communal assessors has been ultimately suppressed and conjured away; as it were; by legal theory。 The results are contradictory; but on the same line; as I say。 And the more we go back in time; the more we find that both elements; the lord and the community; are equally necessary to the constitution of the court。 In the thirteenth century we find already that the manorial bailiffs are made responsible for the judgment along with the suitors and even before them。(61*)     The rolls of ancient demesne manors present a considerable variety of types; shading off from an almost complete independence of the suitors to forms which are not very different from those of common law manors。 Stoneleigh may be taken as a good specimen of the first class。     The manor was divided into six hamlets; and every one of these consisted of eight virgates of land which were originally held by single socmen; although the regularity of the arrangement seems to have been broken up very soon in consequence of increase of population; extension of the cultivated area; and the sale of small parcels of the holdings。 The socmen met anciently to hold courts in a place called Motstowehill; and afterwards in a house which was built for the purpose by the Abbot。 The way in which the Register speaks of the ad mission of a socman to his holding is very characteristic: 'Every heir succeeding to his father ought to be admitted to the succession in his fifteenth year; and let him pay relief to the lord; that is; pay twice his rent。 And he will give judgments with his peers the socmen; and become reeve for the collection of the lord's revenue; and answer to writs and do everything else as if he was of full age at common law。' The duty and right to give judgment in the Court of Stoneleigh is emphatically stated on several occasions; and altogether the jurisdictional independence of the court and of its suitors is set before us in the smallest but always significant details。 If somebody is bringing a royal close writ of right directed to the bailiffs of the manor it cannot be opened unless in full court。 When the bailiff has to summon anybody by order of the court he takes two socmen to witness the summons。 Whenever a trial is terminated either by some one's default in making his law or by non…defence the costs are to be taxed by the court。 The alienation of land and admittance of strangers are allowed only upon the express consent of the court。(62*) In one word; every page of the Stoneleigh Register shows a closely and powerfully organised community; of which the lord is merely a president。     The rolls of King's Ripton are not less explicit in this respect。 People are fined for selling land without the licence of the court; for selling it 'outside the court。'(63*) The judgment depends entirely on the verdict given by the community of suitors or its representatives the jurors。 When the parties rely on some former decision; arrangement; or statement of law; they appeal to the rolls of the court; which; as has been said already; present nothing else but the recorded jurisprudence of the body of suitors。(64*) The extent of the legal self…government of this little community may be well seen in the record of a trial in which the Abbot of Ramsey; the lord of the manor; is impleaded upon a little writ of right by one of his tenants。(65*) But it is hardly necessary to dwell on so normal an event。 I should like to take up for once the opposite standpoint; and to show that in these very communities on the ancient demesne elements are apparent which have thrived and developed in ordinary manors to such an extent as to obscure their self…government。 In the Rolls of King's Ripton we might easily notice a number of instances in which the influence of the lord makes itself felt directly or indirectly through the means of his steward。 We come; for instance; on the following forms of pleading: An action of dower is brought; and the defendants ask that the laws and customs hitherto used in the court should be observed in regard to them  they have a right to three summonses; three distraints; and three essoins; and if they make default after that; the land ought to be taken into the lord's hand; when; but only if it is not replevied in the course of fifteen days; it will be lost for good and all。 All these demands are granted by the steward; with whom the decision; at least formally; rests。(66*) Again; when we hear that the whole court craves leave to defer its judgment till the next meeting; it is clear that it rests with the steward to grant this request。(67*) We may find now and then a consideration for the interests of the lord which transcends the limits of mere formal right; as in a case where a certain Margery asks the court; without any writ of right or formal action; that an inquest may be held as to a part of her messuage which is detained in the hands of the Abbot; although she performs the service due for it。 The inquest is held; and apparently ends in her favour; but she is directed at the same time to go and speak with the lord about the matter。 Ultimately she gets what she wants after this private interview。(68*) The proceedings are irregular and interesting: the usual forms of action are disregarded; a verdict is given; but the material decision is left with the lord; and is to be sought for by private intercession。 Quite close to this entry we find an instance which is in flagrant contradiction with such a considerate treatment of all parties。 The jurors of the court are called upon to decide a question of testament and succession。 They say that none of them was present when the testament was made; and that they know nothing about it; and will say nothing about it。 'And so leaving their business undone; and in great contempt of the lord and of his bailiffs; they leave the court。 And therefore it is ordered that the bailiffs do cause to be levied a sum of 40s to the use of the lord from the property of the said jurors by distress continued from day to。 day。'(69*) This case may stand as a good example both of the sturdy self…will which the peasantry occasionally asserted in their dealings with the lord; and of the opportunities that the lord had of asserting his superiority in a very high…handed manner。     But we need not even turn to any egregious instances in which the lord's power is thus displayed。 The usual forms of surrender are there to show that; as regards origins; we have the same thing here as in ordinary manors; although the peculiarities of the ancient demesne have brought forward the features of communal organisation in a very marked way; and have held the element of lordship in check。     We have seen that there was only one halimot in the thirteenth and the preceding centuries; and that the division into customary court and court baron developed at a later time。 We have seen; secondly; that this halimot was a mee

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