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第35节

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mesday of St。 Paul's (Camden Series); 23。

112。 Reg。 Cellararii Mon。 Bury St Edmund's; Cambridge Univ。; Gg。 iv。 4。 f。 52; b: '(Curia 7 Edw。 II)。。。 dicunt quod quidam Robertus Heth pater dictorum R。 W。 et J。 tenuit de conventu per virgam in villa de Berton magna。。。 Et quia dedixerunt cepisse dictam terram per virgam ideo potest seisiri dicta terra in manum domini。' Registr。 album vestiarii abbatiae S。 Edmundi; Cambridge Univ。; Ee。 iii。 60; f 188; b: 'Tenentes de mollond。。。 tenent per virgam in curia。' Eynsham Cartulary; Christ Church MSS。; No。 97: 'Ricardus W。 tenet unum cotagium et duas acras terrae campestres per rotulum curie pro 3 sol。' Cf 12; a。

113。 Note…book of Bracton; pl。 1237。

114。 Ely Register; Cotton; Claudius; C。 xi。 f iii。 b: 'Habebit duas pugillatas avene ex gratia; ut juratores dicunt; per longum tempus usitata。'

115。 Warwickshire Roll。 Exch。 Q。R。 No。 29; f。 94; b: 'Servus。。。。 cum fecerit exennium。。。。 comedet cum domino。'

116。 Christ Church; Canterbury; Cartulary; Add。 MSS。 6159; f 22; b。 Cf Gloucester Cartulary (Rolls Series); iii。 203。

117。 Custumal of Battle Abbey (Camden Ser。); 30: 'Et debet herciare per duos dies。。。。 pretium operis iiij。 d。 Et recipiet de domino utroque die repastus pretii iij d。 Et sic erit dominus perdens j。d。 Et sic nichil valet illa herciatio ad opus domini。'

118。 Coram Rege; Pasch。; 14 Edw。 I; Lege; 18: 'Villani circulare (sic) non consueverunt nisi ex voluntate。'

119。 Glastonbury Inqu。 (Roxburghe Series); 82: 'Sed non debet carriare nisi dominus prestaverit suum plaustrum。'

120。 Cotton MSS。; Claudius; C。 xi; f 30; b: 'Sed juratores dicunt quod nunquam hoc fecerunt nec de iure facere debent。'

121。 Rot。 Hundred。 ii。 758; a: 'Servi。。。 nec potest filiam maritare nec uxorem ducere sine licencia domini; debet et salvo contellemento suo talliari et ad omnia auxilia communia scottare et lottare secundum facultatem suam;' etc。

Chapter 6

Free Peasantry

    I the heading of this chapter may not be misunderstood。 It would be difficult to speak of free peasantry in the modern sense at the time with which we are now dealing。 Some kind or form of dependence often clings even to those who occupy the best place among villagers as recognised free tenants; and in most cases we have a very strong infusion of subjection in the life of otherwise privileged peasants。 But if we keep to the main distinctions; and to the contrast which the authorities themselves draw between the component elements of the peasant class; its great bulk will arrange itself into two groups: the larger one will consist of those ordinarily designated as villains; a smaller; but by no means an insignificant or scanty one; will present itself as free; more or less protected by law; and more or less independent of the bidding of the lord and his steward。 There is no break between the two groups; one status runs continuously into the other; and it may be difficult to distinguish between the intermediate shades; but the fundamental difference of conception is clearly noticeable as soon as we come to look at the whole; and it is not only noticeable to us but was noticed by the contemporary documents。     In very many cases we are actually enabled to see how freedom and legal security gradually emerge from subjection。 One of the great movements in the social life of the thirteenth and fourteenth centuries is the movement towards the commutation of services for money rents。 In every survey we find a certain number of persons who now pay money; whereas they used to do work; and who have thus emancipated themselves from the most onerous form of subjection。(1*) In the older documents it is commonly specified that the lord may revert to the old system; give up the rents; and enforce the services。(2*) In later documents this provision disappears; having become obsolete; and there is only a mention of certain sums of money。 The whole process; which has left such distinct traces in the authorities; is easily explained by England's economic condition at that time。 Two important factors co…operated to give the country an exceptionally privileged position。 England was the only country in Europe with a firmly constituted government。 The Norman Conquest had powerfully worked in the sense of social feudalism; but it had arrested the disruptive tendencies of political feudalism。 The opposition between the two races; the necessity for both to keep together; the complexity of political questions which arose from conquest and settlement on the one hand; from the intercourse with Normandy and France on the other;  all these agencies working together account for a remarkable intensity of action on the part of the centripetal forces of society; if I may use the expression: there was in England a constant tendency towards the concentration and organisation of political power in sharp contrast with the rest of Europe where the state had fallen a prey to local and private interests。 One of the external results of such a condition was the growth of a royal power supported by the sympathy of the lower English…born classes; but arranging society by the help of Norman principles of fiscal administration。 Not less momentous was the formation of an aristocracy which was compelled to act as a class instead of acting as a mere collection of individuals each striving for his own particular advantage; as a class it had to reckon with; and sometimes represent; the interests and requirements of other classes。 In all these respects England was much ahead of Germany; where tribal divisions were more powerful than national unity; and the state had to form itself on feudal foundations in opposition to a cosmopolitan Imperial power; it was not less in advance of France; where the work of unification; egotistically undertaken by the king; had hardly begun to get the upper hand in its conflict with local dynasties; not less in advance of Italy; so well situated for economic progress; but politically wrecked by its unhappy connexion with Germany; the anti…national influence of the Papacy; and the one…sided development of municipal institutions。 By reason of its political advantages England had the start of other European countries by a whole century and even by two centuries。 The 'silver streak' acted already as a protection against foreign inroads; the existence of a central power insured civil order; intercourse between the different parts of the island opened outlets to trade; and reacted favourably on the exchange of commodities and the circulation of money。     Another set of causes operated in close alliance with these political influences。 The position of England in relation to the European market was from the first an advantageous one。 besides the natural development of seafaring pursuits which lead to international trade; and always tend to quicken the economic progress; there were two special reasons to account for a speedy movement in the new direction: the woollen trade with Flanders begins to rise in the twelfth century; and this is the most important commercial feature in the life of North…Western Europe; then again; the possession of Normandy and the occupation of Aquitaine and other provinces of France by the English opened markets and roads for a very brisk commercial intercourse with the Continent。 As an outcome of all these political and economical conditions we find the England of the thirteenth century undoubtedly moving from natural husbandry to the money…system。     The consequences are to be seen on every side in the arrangements of state and society。 The means of government were modified by the economic change。 Hired troops took the place of feudal levies; kings easily renounced the military service of their tenants and took scutages which give them the means of keeping submissive and well…drilled soldiers。 The same process took place all through the country on the land of secular and ecclesiastical lords。 They all preferred taking money which is so readily spent and so easy to keep; which may transform itself equally well into gorgeous pageants and into capital for carrying on work; instead of exacting old…fashioned unwieldly ploughings and reapings or equally clumsy rents in kind。     On the other hand; the peasants were equally anxious to get out of the customary system: through its organisation of labour it involved necessarily many annoyances; petty exactions and coercion; it involved a great waste of time and energy。 The landlord gained by the change; because he received an economic instrument of greater efficiency; the peasant gained because he got rid of personal subjection to control; both gained; for a whole system of administration; a whole class of administrators; stewards; bailiffs; reeves; a whole mass of cumbrous accounts and archaic procedure became unnecessary。     In reality the peasantry gained much more than the lord。 Just because money rents displaced the ploughings and reapings very gradually; they assumed the most important characteristic of these latter  their customary uniformity; tradition kept them at a certain level which it was very difficult to disturb; even when the interests of the lord and the conditions of the time had altered a great deal。 Prices fluctuate and rise gradually; the buying strength of

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