vill2-第41章
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s to have been compiled at the time of Edward I； the molmen are distinguished from villains in a very remarkable manner as regards the rule of inheritance； Borough English being considered as the servile mode； while primogeniture is restricted to those holding mol…land。（16*） Borough English was very widely held in medieval England to imply servile occupation of land；（17*） and the privilege enjoyed by molmen in this case shows that they were actually rising above the general condition of villainage； the economical peculiarities of their position affording a stepping…stone； as it were； towards the improvement of their legal status。 It is especially to be noticed； that in this instance we have to reckon with a material difference of custom； and not merely with a vacillating terminology or a general and indefinite improvement in position。 An interesting attempt at an accurate classification of this and other kinds of tenantry is displayed by an inquisition of 19 Edward I preserved at the Record Office。 The following subdivisions are enumerated therein： Liberi tenentes per cartam。 Liberi tenentes qui vocantur fresokemen。 Sokemanni qui vocantur molmen。 Custumarii qui vocantur werkmen。 Consuetudinarii tenentes 4 acras terre。 Consuetudinarii tenentes 2 acras terre。（18*） The difference between molmen and workmen lies； of course； in the fact that the first pay rent and the second perform week…work。 But what is more； the molmen are ranged among the sokemen； and this supposes a certainty of tenure and service not enjoyed by the villains。 In this way the intermediate class； though of servile origin； connects itself with the free tenantry。 The same group appears in manorial documents under the name of censuarii。（19*） Both terms interchange； and we find the same fluctuation between free and servile condition in regard to the censuarii as in regard to molmen。 The thirteenth…century extent of the manor of Broughton； belonging to the Abbey of Ramsey in Huntingdonshire； when compared with Domesday； shows clearly the origin of the group and the progress which the peasantry had made in two hundred years。 The Domesday description mentions ten sokemen and twenty villains； the thirteenth…century Cartulary speaks in one place of liberi and villani； sets out the services due from the latter； but says that the Abbot can 'ponere omnia opera ad censum；' while in another place it speaks as though the whole were held by liberi et censuarii。（20*） A similar condition is indicated by the term gavelmanni； which occurs sometimes； although not so often as either of the designations just mentioned。（21*） It comes evidently from gafol or gafel； and applies to rent…paying people。 It ought to be noticed； however； that if we follow the distinction suggested by the Kentish documents； there would be an important difference in the meaning。 Rent need not always appear as a result of commutation； it may be an original incident of the tenure； and there are facts enough to show that lands were held by rent in opposition to service even in early Saxon time。 Should mal be taken as a commutation rent； and gafol strictly in the sense of original rent； the gavelmen would present an interesting variation of social grouping as the progeny of ancient rent…holding peasantry。 I do not think； however； that we are entitled to press terminological distinctions so closely in the feudal period； and I should never enter a protest against the assumption that most gavelmen were distinguished from molmen only by name； and in fact originated in the same process of commutation。 But； granting this； we have to grant something else。 Vice versa； it is very probable indeed that the groups of censuarii and molmen are not to be taken exclusively as the outcome of commutation。 If gafol gets to be rather indistinct in its meaning； so does mal； and as to census； there is nothing to show whether it arises in consequence of commutation or of original agreement。 And so the Kentish distinction； even if not carried out systematically； opens a prospect which may modify considerably the characteristic of the status on which I have been insisting till now。 Commutation was undoubtedly a most powerful agency in the process of emancipation； our authorities are very ready to supply us with material in regard to its working； and I do not think that anybody will dispute the intimate connexion between the social divisions under discussion and the transition from labour services to rent。 Yet a money rent need not be in every case the result of a commutation of labour services； although such may be its origin in most cases。 We have at least to admit the possibility and probability of another pedigree of rent…paying peasants。 They may come from an old stock of people whose immemorial custom has been to pay rent in money or in kind； and who have always remained more or less free from base labour。 This we should have to consider as at all events a theoretic possibility； even if we restricted our study to the terminology connected with rent； though it would hardly give sufficient footing for definite conclusions。 But there are groups among the peasantry whose history is less doubtful。 There are at the British Museum two most curious Surveys of the possessions of Ely Minster； one drawn up in 1222 and the other in 1277；（22*） In some of the manors described we find tenants called 'hundredarii。' Their duties vary a good deal； but the peculiarity which groups them into a special division and gives them their name is the suit of court they owe to the hundred。（23*） And although the name does not occur often even in the Ely Surveys； and is very rare indeed elsewhere；（24*） the thing is quite common。 The village has to be represented in the hundred court either by the lord of the manor； or by the steward； or by the reeve； the priest； and four men。（25*） The same people have to attend the County Court and to meet the King's justices when they are holding an eyre。（26*） It is not a necessary consequence； of course； that certain particular holdings should be burdened with the special duty of sending representatives to these meetings； but it is quite in keeping with the general tendency of the time that it should be so； and indeed one finds everywhere that some of the tenants； even if not called 'hundredarii；' are singled out from the rest to 'defend' the township at hundred and shire moots。（27*） They are exempted from other services in regard to this 'external；' this 'forinsec' duty； which was considered as by no means a light one。（28*） And now as to their status。 The obligation to send the reeve and four men is enforced all through England； and for this reason it is prima facie impossible that it should be performed everywhere by freeholders in the usual sense of the word。 There can be no doubt that in many； if not in most； places the feudal organisation of society afforded little room for a considerable class of free…holding peasants or yeomen。（29*） If every township in the realm had to attend particular judicial meetings； to perform service for the king； by means of five representatives； these could not but be selected largely from among the villain class。 The part played by these representatives in the Courts was entirely in keeping with their subordinate position。 They were not reckoned among the 'free and lawful' men acting as judges or assessors and deciding the questions at issue。 They had only to make presentments and to give testimony on oath when required to do so。 The opposition is a very marked one； and speaks of itself against the assumption that the five men from the township were on an equal standing with the freeholders。（30*） Again； four of these five were in many cases especially bound by their tenure to attend the meetings； and the reeve came by virtue of his office； but he is named first； and it does not seem likely that the leader should be considered as of lower degree than the followers。 Now the obligation to serve as reeve was taken as a mark of villainage。 All these facts lead one forcibly to the conclusion that the hundredors of our documents represent the village people at large； and the villains first of all； because this class was most numerous in the village。 This does not mean； of cours
