vill2-第43节
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erietum。。。 relevium。。。 pannagium。。。 tallagium。。 Ramsey Cart。 i。 297。
61。 Gloucester Cart。 iii。 49 and 46; Battle Cart。; Augm。 Off。 Misc。 Books; N。 57; f 10; b。
62。 Ely Inqu。; Cotton MSS。; Claudius; C。 xi。 f 186; b。。; Omnes custumarii preter liberos qui non dant gersumam pro filiis et filiabus。。。
63。 E。 g。 ibid。 44; a。
64。 Bury St。 Edmund's Registrum Album; Cambr。 Univ。; Ee。 iii。 6o; f 154; b。; Et nota quod si prepositus hundredi capiat gersumam。 de aliquo libero; dominus habebit medietatem。' Suffolk Court Rolls; 3 (Bodleian): 'gersuma si evenerit filii vel filie; finem faciet in hundredo; sed celerarius habebit medietatem finis。'
65。 Rot。 Hundr。 ii。 484; b; 485; a。
66。 Ibid。 ii 749; b。
67。 Ibid。 i。 6。
68。 Coram Rege; Trin。; 3 Edw。 I; m。 14; d。
69。 Rot。 Hundr。 i。 19。
70。 Cf。 a very definite case of oppression; Placit。 Abbrev。; 150。
71。 Statutes of the Realm; i。 224。
72。 Notebook of Bracton; pl。 1334 and 1644。
73。 Rochester Cart。 (Thorpe); 19 a: 'Dominus non debet aliquem operarium。 injuste et sine judicio a terra Sua ejicere。' Ibid。 10; a: 'in crastino Sancti Martini non ponet eos (dominus) ad opera sine consensu eorundem。' Black Book of St。 Augustine; Cotton MSS。' Faustina; A。 i。 f 185; d: '(Consuetudines villanorum de Plumsted) Villani de P。 tenent quatuor juga et debent inde arare quatuor acras et seminare。。。 et debent metere in autumpno 8 acras de ivernagio vel 4 acras de alio blado。。。。 Et debent falcare 2 acras prati。。。。 Item debent duo averagia per annum a Plumsted ad Newenton et nihil debent averare ad tunc nisi res que sunt ad opus conventus et que poni debent super ripam。'
74。 Notebook of Bracton; pl。 1334: '。。。 et consuetudo est quod uxores maritorum defunctorum habeant francum bancum suum de terris sokemannorum。' Rot。 Hundr。 i。 201; 202: 'habent et vendunt maritagia sokemannorum aliter quam deberent; quia in Kancia non est warda。'
75。 Cf Elton; Tenures of Kent。
76。 Notebook of Bracton; pl。 1419: 'et ipsi veniunt et dicunt quid nunquam cartam illam fecit nec facere potuit quia uillanus fuit et terram suam defendidit per furcam ct flagellum。'
77。 Seebohm; Village Community; 103; followed by Scrutton; Commons and Common Fields; 38; and Ashley; Economic History; i。 18。
78。 Maitland; Introduction to Manorial Rolls; lxix。
Chapter 7
The Peasantry of the Feudal Age。 Conclusions。
I have divided my analysis of the condition of the feudal peasantry into two parts according to a principle forcibly suggested; as I think; by the material at hand。 The records of trials in the King's Court; and the doctrines of lawyers based on them; cannot be treated in the same way as the surveys compiled for the use of manorial administration。 There is a marked difference between the two sets of documents as to method and point of view。 In the case of legal records a method of dialectic examination could be followed。 Legal rules are always more or less connected between themselves; and the investigator has to find out; first; from the application of what principles they flow; and to find out; secondly; whether fundamental contradictions disclose a fusion of heterogeneous elements。 The study of manorial documents had to proceed by way of classification; to establish in what broad classes the local variations of terms and notions arrange themselves; and what variations of daily life these groups or classes represent。 It is not strange; of course; that things should assume a somewhat different aspect according to the point of view from which they are described。 Legal classification need not go into details which may be very important for purposes of manorial administration; neither the size of the holdings nor the complex variations of services have to be looked to in cases where the law of status is concerned。 Still it may be taken for granted that the distinctions and rules followed by the courts had to conform in a general way with matter…of…fact conditions。 Lawyers naturally disregarded minute subdivisions; but their broad classes were not invented at fancy; they took them from life as they did the few traits they chose from among many as tests for the purpose of laying down clear and convenient rules。 A general conformity is apparent in every point。 At the same time there is undoubtedly an opposition between the curial (if I may use that term) and the manorial treatment of status and tenure; which does not resolve itself into a difference between broad principle and details。 Just because the lawyer has to keep to distinct rules; he will often be behind his age and sometimes in advance of it。 His doctrine; once established; is slow to follow the fluctuations of husbandry and politics: while in both departments new facts are ever cropping up and gathering strength; which have to fight their way against the rigidity of jurisprudence before they are accepted by it。 On the other hand; notions of old standing and tenacious tradition cannot be put away at once; so soon as some new departure has been taken by jurists; and even when they die out at common law such notions persist in local habits and practical life。 For these reasons; which hold good more or less everywhere; and are especially conspicuous in mediaeval history; the general relation between legal and manorial documents becomes especially important。 It will widen and strengthen conclusions drawn from the analysis of legal theory。 We may be sure to find in thirteenth…century documents of practical administration the foundations of a system which prevailed at law in the fifteenth。 And what is much more interesting; we may be sure to find in local customaries the traces of a system which had its day long before the thirteenth century; but was still lingering in broken remains。 Bracton defines villainage as a condition of men who do not know in the evening what work and how much they will have to perform next morning。 The corresponding tenure is entirely precarious and uncertain at law。 But these fundamental positions of legal doctrine we find opposed in daily life to the all…controlling rule of custom。 The peasant knows exactly on what days he bas to appear personally or by representative at ploughings and reapings; how many loads he is bound to carry; and how many eggs he is expected to bring at Easter;(1*) in most cases he knows also what will be required from him when he inherits from his father or marries his daughter。 This customary arrangement of duties does not find any expression in common law; and vice versa the rule of common law dwindles down in daily life to a definition of power which may be exercised in exceptional cases。 The opposition between our two sets of records is evidently connected in this case with their different way of treating facts。 Manorial extents and inquests give in themselves only a one…sided picture of mediaeval village life; because they describe it only from the point of view of the holding; people who do not own land are very seldom noticed; and among the population settled on the land only those persons are named who 'defend' the tenement in regard to the lord。 Only the chief of the household appears; this is a matter of course。 He may have many or few children; many or few women engaged on his plot: the extent will not make any difference in the description of the tenement and of its services。 But although very incomplete in this important respect; manorial records allow us many a glimpse at the process which was preparing a great change in the law Hired labourers are frequently mentioned in stewards' accounts; and the 'undersette' and 'levingmen' and 'anelipemen'(2*) of the extents correspond evidently to this fluctuating population of rural workmen and squatters gathering behind the screen of recognised peasant holders。 The very foundation of the mediaeval system; its organisation of work according to equalised holdings and around a manorial centre; is in course of time undermined by the process of commutation。 Villains are released from ploughings and reapings; from carriage…duties and boon work by paying certain rents; they bargain with the lord for a surrender of his right of arbitrary taxation and arbitrary amercement; they take leases of houses; arable and meadows。 This important movement is directly noticed by the law in so far as it takes the shape of an increase in the number of freeholders and of freehold tenements; charters and instruments of conveyance may be concerned with it。 But the process is chiefly apparent in a standing contradiction with the law。 Legally an arrangement with a villain either ought not to bind the lord or else ought to destroy his power。 Even in law books; however; the intermediate form of a binding covenant with the villain emerges; as we have seen; in opposition to the consistent theory。 In practice the villains are constantly found possessed of 'soclands;' 'forlands;' and freeholds。 The passage from obligatory labour to proprietary rights is effected in this way without any sudden emancipation; by the gradual accumulation of facts which are not strictly legal and at the same time tend to become legal。 Again; the Royal courts do not know anything about 'molmen;' 'gavelmen;' or 'censuarii;' They keep to the plain distinction between free and