vill2-第34章
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y 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 exceeded the normal distribution of work。 It is often mentioned accordingly that such service is performed out of affection for the lord； and sometimes it gets the eloquent name of 'love…bene。' In proportion as the manorial administration gets more work done in this exceptional manner； it becomes more and more gracious in regard to the people。 'Dry requests' （siccae precariae） are followed by 'requests with beer' （precariae cerevisiae）。 But it was not beer alone that could be got on such days。 Here is a description of the customs of Borle； a manor belonging to Christ Church； Canterbury； in Essex。 'And let it be known that when he； the villain； with other customers shall have done cutting the hay on the meadow in Raneholm； they will receive by custom three quarters of wheat for baking bread； and one ram of the price of eighteen pence； and one pat of butter； and one piece of cheese of the second sort from the lord's dairy； and salt； and oatmeal for cooking a stew' and all the morning milk from all the cows in the dairy； and for every day a load of hay。 He may also take as much grass as he is able to lift on the point of his scythe。 And when the mown grass is carried away； he has a right to one cart。 And he is bound to carry sheaves； and for each service of this kind he will receive one sheaf； called 〃mene…schef。〃 And whenever he is sent to carry anything with his cart； he shall have oats； as usual； so much； namely； as he can thrice take with his hand。（116*） All such customs seem very strange and capricious at first sight。 But it is to be noticed that they occur in different forms everywhere； and that they were by no means mere oddities； they became a real and sometimes a heavy burden for the landlord。 The authorities； the so…called 'Inquisitiones post mortem' especially； often strike a kind of balance between the expense incurred and the value of the work performed。 By the end of the thirteenth century it is generally found that both ends are just made to meet in cases of extra work attended by extra feeding； and in
