vill2-第40章
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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 money gets lowered little by little; but customary rents remain much the same as they were before。 Thus in process of time the balance gets altered for the benefit of the rent payer。 I do not mean to say that such views and such facts were in full operation from the very beginning: one of the chief reasons for holding the Glastonbury inquest of 1189 was the wish to ascertain whether the rents actually corresponded to the value of the plots; and to make the necessary modifications。 But such fresh assessments were very rare; it was difficult to carry them into practice; and the general tendency was distinctly towards a stability of customary rents。 The whole process has a social and not merely an economical meaning。 Commutation; even when it was restricted to agricultural services; certainly tended to weaken the hold of the lord on his men。 Personal interference was excluded by it; the manorial relation resolved itself into a practice of paying certain dues once or several times a year; the peasant ceased to be a tool in the husbandry arrangements of his master。 The change made itself especially felt when the commutation took place in regard to entire villages:(3*) the new arrangement developed into the custom of a locality; and gathered strength by the number of individuals concerned in it; and the cohesion of the group。 In order not to lose all power in such a township; the lords usually reserved some cases for special interference and stipulated that some services should still be rendered in kind。(4*) Again; the conversion of services into rents did not always present itself merely in the form just described: it was not always effected by the mere will of the lord; without any legally binding acts。 Commutation gave rise to actual agreements which came more or less under the notice of the law。 We constantly find in the Hundred Rolls and in the Cartularies that villains are holding land by written covenant。 In this case they always pay rent。 Sometimes a villain; or a whole township; gets emancipated from certain duties by charter;(5*) and the infringement of such an instrument would have given the villains a standing ground for pleading against the lord。 it happened from time to time that bondmen took advantage of such deeds to claim their liberty; and to prove that the lord had entered into agreement with them as with free people。(6*) To prevent such misconstruction the lord very often guards expressly against it; and inserts a provision to say that the agreement is not to be construed against his rights and in favour of personal freedom。(7*) The influence of commutation makes itself felt in the growth of a number of social groups which arrange themselves between the free and the servile tenantry without fitting exactly into either class。 Our manorial authorities often mention mol…land and mol…men。(8*) The description of their obligations always points one way: they are rent…paying tenants who may be bound to some extra work; but who are very definitely distinguished from the 'custumarii;' the great mass of peasants who render labour services。(9*) Kentish documents use 'mala' or 'mal' for a particular species of rent; and explain the term as a payment in commutation of servile customs。(10*) In this sense it is sometimes opposed to gafol or gable the old Saxon rent in money or in kind; this last being considered as having been laid on the holding from all time; and not as the result of a commutation。(11*) Etymologically there is reason to believe that the term mal is of Danish origin;(12*) and the meaning has been kept in practice by the Scotch dialect。(13*) What immediately concerns our present purpose is; that the word mal…men or mol…men is commonly used in the feudal period for villains who have been released from most of their services by the lord on condition of paying certain rents。 Legally they ought to remain in their former condition; because no formal emancipation has taken place; but the economical change reacts on their status; and the manorial documents show clearly how the whole class gradually gathers importance and obtains a firmer footing than was strictly consistent with its servile origin。(14*) In the Bury St。 Edmund's case just quoted in a footnote the fundamental principle of servility is stated emphatically; but the statement was occasioned by gradual encroachments on the part of the molmen; who were evidently becoming hardly distinguishable from freeholders。(15*) And in many Cartularies we find these molmen actually enumerated with the freeholders; a very striking fact; because the clear interest of the lord was to keep the two classes asunder; and the process of making a manorial 'extent' and classifying the tenants must have been under his control。 As a matter of fact; the village juries were independent enough to make their presentments more in accordance with custom than in accordance with the lord's interests。 In a transcript of a register of the priory of Eye in Suffolk; which seems to have been compiled at the time of Edward I; the molmen are distinguished from villains in a ver