vill3-第2章
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not manage their plots at their own choice。(15*) The entire soil of the township formed one whole in this respect; and was subjected to the management of the entire village。 The superior right of the community found expression in the fact that the fields were open to common use as pasture after the harvest; as well as in the regulation of the modes of farming and order of tillage by the township。 Even the lord himself had to conform to the customs and rules set up by the community; and attempts to break through them; although they become frequent enough at the close of the thirteenth century; and especially in the fourteenth; are met by a resistance which sometimes actually leads to litigation。(16*) The freeholders alone have access to the courts; but in practice the entire body of the tenantry is equally concerned。 The passage towards more efficient modes of cultivation was very much obstructed by these customary rules as to rotation of crops; which flow not from the will and interest of single owners; but from the decision of communities。 The several plots and holdings do not lie in compact I patches; but are formed of strips intermixed with each other。 The so…called open…field system has been treated so exhaustively and with such admirable clearness by Seebohm; that I need not detain my readers in order to discuss it at length。 I shall merely take from the Eynsham Cartulary the general description of the arable of Shifford; Oxon。 It consists of several furlongs or areas; more or less rectangular in shape; each furlong divided into a certain number of strips (seliones); mostly half an acre or a rood (quarter acre) in width; some of these strips get shortened; however (seliones curtae); or sharpened (gorae); according to the shape of the country。 At right angles with the strips in the fields lie the 'headlands' (capitales); which admit to other strips when there is no special road for the purpose。(17*) When the area under tillage abuts against some obstacles; as against a highway; a river; a neighbouring furlong; the strips are stunted (buttae)。 Every strip is separated from the next by balks on even ground; and linches on the steep slopes of a hill。 The holding of a peasant; free or villain; has been appropriately likened to a bundle of these strips of different shapes; the component parts of which lie intermixed with the elements of other holdings in the different fields of the township。 There is e。g。 in the Alvingham Cartulary a deed by which John Aysterby grants to the Priory of Alvingham in Lincolnshire his villain Robert and half a bovate of land。(18*) The half…bovate is found to consist of twelve strips west of Alvingham and sixteen strips east of the village; the several plots lie among similar plots owned by the priory and by other peasants。 The demesne land of the priory is also situated not in compact areas; but in strips intermixed with those of the tenantry; in the 'communal fields' according to the phraseology of our documents。 Such a distribution of the arable seems odd enough。 It led undoubtedly to very great inconvenience in many ways: it was difficult for the owner to look after his property in the several fields; and to move constantly from one place to another for the purposes of cultivation。 A thrifty husbandman was more or less dependent for the results of his work on his neighbours; who very likely were not thrifty。 The strips were not always measured with exactness;(19*) and our surveys mention curious misunderstandings in this respect: it happens that as much as three acres belonging to a particular person get mislaid somehow and cannot be identified。(20*) It is needless to say that disputes among the neighbours were rendered especially frequent by the rough way of dividing the strips; and by the cutting up of the holdings into narrow strips involving a very long line of boundary。 And still the open…field system; with the intermixed strips; is quite a prevalent feature of mediaeval husbandry all over Europe。 It covers the whole area occupied by the village community; it is found in Russia as well as in England。 Before we try to find an explanation for it; I shall call the attention of the reader to the following tale preserved by an ancient survey of Dunstable Priory。 I think that the record may suggest the explanation with the more authority as it will proceed from well…established facts and not from suppositions。(21*) The story goes back to the original division of the land belonging to the Wahull manor by the lords de Wahull and de la Lege。 The former had to receive two…thirds of the manor and the latter one…third: a note explains this to mean; that one had to take twenty knight…fees and the other ten。 The lord de Wahull took all the park in Segheho and the entire demesne farm in 'Bechebury'。 As a compensation for the surrender of rights on the part of his fellow parcener; he ordered the wood and pasture called Northwood to be measured; as also the neighbouring wood called Churlwood。 He removed all the peasants who lived in these places; and had also the arable of Segheho measured; and it was found that there were eight hides of villain land。 Of these eight hides one…fourth was taken; and it was reckoned that this fourth was an equivalent to the one…third of the park and of the demesne farm; which ought by right to have gone to the lord de la Lege。 On the basis of this estimation an exchange was effected。 In the time of the war (perhaps the rebellion of 1173) the eight hides and other hides in Segheho were encroached upon and appropriated unrighteously by many; and for this reason a general revision of the holdings was undertaken before Walter de Wahull and Hugh de la Lege in full court by six old men; it was made out to which of the hides the several acres belonged。 At that time; when all the tenants in Segheho (knights; freeholders; and others) did not know exactly about the land of the village and the tenements; and when each man was contending that his neighbours held unrighteously and more than they ought; all the people decided by common agreement and in the presence of the lords de Wahull and de la Lege; that everybody should surrender his land to be measured anew with the rood by the old men as if the ground had been occupied afresh: every one had to receive his due part on consideration of his rights。 At that time R。F。 admitted that he and his predecessors had held the area near the castle unrighteously。 The men in charge of the distribution divided that area into sixteen strips (buttos); and these were divided as follows: there are eight hides of villain land in Segheho and to each two strips were apportioned。 The narrative is curious in many respects。 it illustrates beautifully the extent to which the intermixture of plots was carried; and the inconveniences consequent upon it。 Although the land had been measured and divided at the time when the lord de Wahull took the land; everything got into confusion at the time of the civil war; and the disputes originated not in violence from abroad but in encroachments of the village people among themselves: the owners of conterminous strips were constantly quarrelling。 A new division became necessary; and it took place under circumstances of great solemnity; as a result of an agreement effected at a great meeting of the tenantry before both lords。 The new distribution may stand for all purposes in lieu of the original parcelling of the land on fresh occupation。 The mode of treating one of the areas shows that the intermixture of the strips was a direct consequence of the attempt to equalise the portions。 instead of putting the whole of this area into one lot; the old men divide it into strips and assign to every great holding; to every hide; two strips of this area。 Many inconveniences follow for some of the owners; e。g。 for the church which; it is complained; cannot put its plot to any use on account of its lying far away; and in intermixture with other people's land。 But the guiding principle of equal apportionment has found a suitable expression。 We may turn now from the analysis of this case to general considerations。 The important point in the instance quoted was; that the assignment of scattered strips to every holding depended on the wish to equalise the shares of the tenants。 I think it may be shown that the treatment adopted in Segheho was the most natural; and therefore the most widely…spread one。 To begin with; what other form of allotment appears more natural in a crude state of society? To employ a simile which I have used already; the territory of the township is not like a homogeneous sheet of paper out of which you may cut lots of every desirable shape and size: the tilth will present all kinds of accidental features; according to the elevation of the ground; the direction of the watercourses and ways; the quality of the soil; the situation of dwellings; the disposition of wood and pasture…ground; etc。 The whole must needs be dismembered into component parts; into smaller areas or furlongs; each stretching over land of one and the same condition; and separated from land of different quality and situation。 Over the irregular squares of this rough chess…board a more or less entangled network of rights and interests must be extended。 There seem to be only two ways of doing it: if you want the holding to lie in one compact patch you will have to make a very complicated reckoning of all the many circumstances which influence husbandry; will have to find some numerical expression for fertility; accessibility; and the like; or else you may simply give every householder a share in every one of the component areas; and subject him in this way to all the advantages and drawbacks which bear upon his neighbours。 If the ground cannot be made to fit the system of allotment; the system must conform itself to the ground。 There can be no question that the second way of escaping from the difficulty is much the easier one; and very suitable to the practice of communities in an early stage of development。 This second way leads necessarily to a scattering and an intermixture of strips。 The explanation is wide enough to meet the requirements of cases placed in entirely different local surroundings and historical connexions; the tendency towards an equalising of the shares of the tenantry is equally noticeable in England and in Russia; in the far west and in the far east of Europe。 In Russia we need not even go into history to find it operating in the way described; the practice is alive even now。 This intermixture of strips in the open fields is also characteristic in another way: it manifests the working of a principle which became obliterated in the course of history; but had to play a very important part originally。 It was a system primarily intended for the purpose of equalising shares; and it considered every man's rights and property as interwoven with other people's rights and property: it was therefore a system particularly adapted to bring home the superior right of the community as a whole; and the inferior; derivative character of individual rights。 The most complete inference from such a general conception would be to treat individual occupation of the land as a shifting ownership; to redistribute the land among the members of the comm