vill2-第30节
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ion。 All holdings are considered exclusively from the economic point of view； the test of security and precarious occupation is never applied。 It is constantly noticed； on the other hand； whether a plot pays rent or provides labour； whether it can be transferred from one category into the other； on what conditions demesne land has been given to peasants； and whether it is expedient to alter them。 Let us take the following case as an instance： John Clerk had in the time of Bishop Henry one virgate in Domerham and holds it now； and another virgate in Stapelham for ten shillings。 When he farmed the Domerham manor he left on his own authority the virgate in Stapelham and took half a virgate in Domerham； as it was nearer。 This half virgate ought to work and is now free。 And the virgate in Stapelbam； though it was free formerly； has to work now； after the exchange。（95*） The opposition is quite clear； and entirely suited to the list of questions addressed to the jury。 The meaning of the terms free and freedom is also brought out by the following example。 Anderd Budde holds half a virgate of demesne land； from the time of Bishop Henry； by the same services as all who hold so much。 The village has to render as gift twenty…nine shillings and six pence。 Six pence are wanting （to complete the thirty shillings？） because Anderd holds more freely than his ancestors used to。（96*） Such phraseology is by no means restricted to one document or one locality。 In a Ramsey Cartulary we find the following entry in regard to a Huntingdonshire manor： 'Of seven hides one is free； of the remaining six two virgates pay rent。 The holder pays with the villains； he pays merchet and joins in the boon…work as the villains。 The remaining five hides and three virgates are in pure villainage。'（97*） The gradation is somewhat more complex here than in the Somersetshire instance： besides free land and working land we have a separate division for mixed cases。 But the foundation is the same in both documents。 Earlier surveys of Ramsey Abbey show the same classification of holding into free and working virgates （liberae； ad opus（98*））。 In opposition to free service； that is rent； we find both the villenagium （99*） and the terra consuetudinaria or custoniaria；（100*） burdened with the usual rural work。 Sometimes the document points out that land has been freed or exempted from the common duties of the village；（101*） in regard to manorial work the village formed a compact body。 The notion which I have been explaining lies at the bottom of a curious designation sometimes applied to base tenure in the earlier documents of our period terra ad furcam et flagellum；（102*） fleyland。 The Latin expression has been construed to mean land held by a person under the lord's jurisdiction； under his gallows and his whip； but this explanation is entirely false。 The meaning is； that a base holding is occupied by people who have to work with pitchfork and flail； and may be other instruments of agriculture；（103*） instead of simply paying rent。 In view of such a phraseology the same tenement could alternately be considered as a free or a servile one； according to its changing obligations。（104*） Some surveys insert two parallel descriptions of duties which are meant to fit both eventualities； when the land is ad opus； it owes such and such services； when it is ad censum； it pays so much rent。 It must be added； that in a vast majority of cases rent…paying land retains some remnants of services； and； vice versa； land subjected to village…work pays small rents；（105*） the general quality of the holding is made to depend on the prevailing character of the duties。 The double sense in which the terms 'free tenure' and 'servile tenure' are used should be specially noticed； because it lays bare the intimate connexion between the formal divisions of feudal law and the conditions of economic reality。 I have laid stress on the contrast between the two phraseologies； but； of course； they could not be in use at the same time without depending more or less on each other。 And it is not difficult to see； that the legal is a modification of the economic use of terms； that it reduces to one…sided simplicity those general facts which the evidence of every day life puts before us in a loose and complex manner； that land is really free which is not placed in a constant working submission to the manor； in constant co…operation with other plots； similarly arranged to help and to serve in the manor。 However heavy the rent； the land that pays it has become independent in point of husbandry； its dependence appears as a matter of agreement； and not an economic tie。 When a tenement is for economic purposes subordinated to the general management of the manor； there is almost of necessity a degree of uncertainty in its tenure； it is a satellite whose motions are controlled by the body round which it revolves。 On the other hand； mere payments in money look like the outcome of some sort of agreement； and are naturally thought of as the result of contract。 Everything is subject to the will and pleasure of the lord； but this will and pleasure does not find expression in any capricious interference which would have wantonly destroyed order and rule in village life。 Under cover of this will； customs are forming themselves which regulate the constantly recurring events of marriage； succession； alienation； and the like。 Curious combinations arise； which reflect faithfully the complex elements of village life。 An instruction for stewards provides； for instance； that one person ought not to hold several tenements； where such agglomerations exist already they ought to be destroyed； if it can be done conveniently and honestly。（106*） In one of the manors of St。 Paul of London the plots held by the ploughmen are said to be resumable by the lord without any injury to hereditary succession。（107*） 'The rule of hereditary succession' is affirmed in regard to normal holdings by this very exception。 We find already the phrase of which the royal courts availed themselves； when in later days they extended their protection to this base tenure： the tenants hold 'by the custom of the manor。'（108*） On the strength of such custom the life of the unfree peasantry takes a shape closely resembling that of the free population； transactions and rights spring into being which find their exact parallel in the common law of the 'free and lawful' portion of the community。 Walter； a villain of St。 Alban's； surrenders into the hand of the monastery two curtilages； which are thereupon granted to his daughter and her husband for life； upon condition that after their death the land is to revert to Walter or to his heirs。（109*） An Essex villain claims succession by hereditary right； for himself and his heirs。（110*） I have already spoken of the 'free bench' to be found equally on free and unfree land。 In the same way there exists a parallel to the so…called 'Curtesy of England' in the practice of manorial courts； if the son inherits land from his mother during his father's life； the latter enjoys possession during his life； or； it may be。 only until his son comes of age。 In view of all this manorial documents have to draw a distinction between tenements in villainage and land held at the will of the lord； not in the general； but in the special and literal sense of the term。（111*） From a formal point of view； villain tenure by custom obtained its specific character and its name from a symbolical act performed in open Court by the steward； a rod was handed over to the new holder by the lord's representative； and a corresponding entry made in the roll of the Court。 Hence the expression tenere per virgam aut per rotulum Curie。（112*） I ought perhaps to treat here of the different and interesting forms assumed by services and rents as consequences of manorial organisation。 But I think that this subject。 will be understood better in another connexion； namely as part of the agrarian system。 One side only of it has to be discussed here。 Everywhere customs arise which defend the villains from capricious extortions on the part of the lord and steward。 These customs mostly get 'inbreviated'（113*） described in surveys and cartularies； and although they have no legally binding power； they certainly represent a great moral authority and are followed in most cases。 A very characteristic expression of their influence may be found in the fact that the manorial rolls very often describe in detail； not only what the peasants are bound to do for the lord； but what the lord must do for the peasants； especially when and how he is to feed them。 Of course； the origin of such usage cannot be traced to anything like a right on the part of the villain； it comes from the landlord's concessions and good…will； but grace loses its exceptional aspect in this case and leads to a morally binding obligation。（114*） When the villain brings his yearly rent to his lord； the latter often invites him to his table。（115*） Very common is the practice of providing a meal for the labourers on the boon…days； the days on which the whole population of the village had to work for the lord in the most busy time of the summer and autumn。 Such boon…work was considered as a kind of surplus demand； it excee
