vill3-第21章
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or little to do with subjection； and in which the free landowners joined for mutual support and organisation。 It is not impossible to assume； on the other hand； that in many cases the free tenant was left in the manorial group because he had begun by being an unfree and therefore a necessary member of it。 All such suppositions seem prima facie admissible and reasonable enough； and at the same time it is clear； that by deciding in favour of one of them or by the relative importance assigned to each we shall very materially influence the solution of interesting historical problems； in order to appreciate rightly the position of the free tenements in the manor we have to examine whether these tenements are all of one and the same kind or not； and this must be done not from the legal standpoint whence it has already been reviewed； but in connexion with the practical management of the estate。 I think that a survey of the different meanings which the term bears in our documents must lead us to recognise three chief distinctions： first there is free land which once formed part of the demesne but has been separated from it； then there is the land held by villagers outside the regular arrangements of the rural community； and lastly there are ancient free holdings of the same shape as the servile tenements； though differing from the latter in legal character。 Each class will naturally fall into subdivisions。（37*） Under the first head it is to be observed that domanial land very often lost its direct connexion with the lord's household； and was given away to dependent people on certain conditions。 One of the questions addressed to the juries by the Glastonbury inquest of 1189 was prompted by this practice： it was asked what demesne land had been given out under free agreement or servile conditions； and whether it was advantageous to keep to the arrangement or not。 One of the reasons which lay at the root of the process has been already touched upon。 Grants of domanial land occur commonly in return for services rendered in the administration of the manor： reeves； ploughmen； herdsmen； woodwards are sometimes recompensed in this manner instead of being liberated from the duties incumbent on their holding。 A small rent was usually affixed to the plot severed from the demesne； and the whole arrangement may be regarded as very like an ordinary lease。 An attenuated form of the same thing may be noticed when some officer or servant was permitted to use certain plots of domanial land during the tenure of his office。 It happened； for instance； that a cotter was entrusted to take care of a team of oxen belonging to the lord or obliged to drive his plough。 He might be repaid either by leave to use the manorial plough on his own land on specified occasions； or else by an assignment to him of the crop on certain acres of the home farm。（38*） Such privileges are sometimes granted to villagers who do not seem to be personally employed in the manorial administration； but such cases are rare； and must be due to special reasons which escape our notice。 It is quite common； on the other hand； to find deficiencies in the normal holdings made up from the demesne； e。g。 a group of peasants hold five acres apiece in the fields； and one of the set cannot receive his full share： the failing acres are supplied by the demesne。 Even an entire virgate or half…virgate may be formed in this way。（39*） Sometimes a plot of the lord's land is given to compensate the bad quality of the peasant's land。（40*） Of course； such surrenders of the demesne soil were by no means prompted by disinterested philanthropy。 They were made to enable the peasantry to bear its burdens； and may…be to get rid of patches of bad soil or ground that was inconveniently situated。（41*） In a number of cases these grants of demesne are actual leases； and probably the result of hard bargains。 However this might be； we find alongside of the estate farmed for the lord's own account a great portion of the demesne conceded to the villagers。 The term 'inland；' which ought properly to designate all the land belonging directly to the lord； is sometimes applied to plots which have been surrendered to the peasantry； and so distinguishes them from the regular customary holdings。（42*） Such concessions of demesne land were not meant to create freehold tenements。 Their tenure was precarious； the right of resumption was more expressly recognised in the case of such plots than in that of any other form of rural occupation； but the rights thus acquired tended to become perpetual； like everything else in this feudal world； and as they were founded on agreement and paid for with money rents； their transformation into permanent tenures led to an increase of free tenements and not of villainage。 We catch a glimpse of the process in the Domesday of St。 Paul's。 In 1249 a covenant was made between the Chapter of the Cathedral and its villagers of the manor of Beauchamp in Essex： in consequence of the agreement all the concessions of demesne land which had been made by the farmers were confirmed by the Chapter。 The inquests show that those who farmed the estates had extensive rights as to the use of domanial land； but their dealings with the customary tenants were always open to a revision by the landlords。 A confirmation like this Beauchamp one transferred the plot of demesne land into the class of free tenements； and created a tenure defensible at law。（43*） All such facts increase in number and importance with the increase of population： under its pressure the area of direct cultivation for the lord is gradually lessened； and in many surveys we find a sort of belt formed around the home farm by the intrusion of the dependent people into the limits of the demesne。（44*） The Domesday of St。 Paul's is especially instructive on this point。 Every estate shows one part of the lord's land in the possession of the peasants； sometimes the 'dominicum antiquitus assisum' is followed by 'terrae de novo traditae。'（45*） A second group of free tenements consists of plots which did not belong either to the demesne or to the regular holdings in the fields； but lay by the side of these holdings and were parcelled out in varying quantity and under various conditions。 We may begin by noticing the growth of leases。 There is no doubt that the lease…system was growing in the thirteenth century； and that it is not adequately reflected in our documents。 An indirect proof of this is given by the fact； that legal practice was labouring to discover means of protection for possession based on temporary agreement。 The writ 'Quare ejecit infra terminum' invented by William Raleigh between 1236 and 1240 protected the possession of the 'tenant for term of years' who formerly had been regarded as having no more than a personal right enforceable by an action of covenant。（46*） Manorial extents are sparing in their notices of leases because their object is to picture the distribution of ownership； and temporary agreements are beyond their range。 But it is not uncommon to find a man holding a small piece of land for his life at a substantial rent。 In this case his tenure is reckoned freehold； but still he holds under what we should now call a lease for life； the rent is a substantial return for the land that he has hired。 That English law should regard these tenants under leases for life as freeholders； should； that is； throw them into one great class with tenants who have heritable rights； who do but military service or nominal service； who are in fact if not in name the owners of the land； is very remarkable； hirers are mingled with owners； because according to the great generalisation of English feudalism every owner is after all but a hirer。 Still we can mark off for economic purposes a class of tenants whom we may call 'life…leaseholders；' and we can see also a smaller class of leaseholders who hold for terms of years。（47*） They often seem to owe their existence to the action of the manorial bailiffs or the farmers to whom the demesne has been let。 We are told that such and such a person has 'entered' the tenement by the leave of such and such a farmer or bailiff； or that the tenement does not belong to the occupier by hereditary right； but by the bailiff's precept。（48*） Remarks of that kind seem to mean that these rent…paying plots； liberated from servile duties； were especially liable to the interference of manorial officers。 Limits of time are rarely mentioned； and leases for life seem to be the general rule。（49*） The tenure is only in the course of formation； and by no means clearly defined。 One does not even see； for instance； how the question of implements and stock was settled whether they were provided by the landlord or by the tenant。 We feel our way with much greater security in another direction。 The fields of the village contain many a nook or odd bit which cannot be squeezed into the virgate arrangement and into the system of work and duties connected with it。 These 'subsecivae；' as the Romans would have said； were always distributed for small rents in kind or in money。（50*） The manorial administration may also exclude from the common arrangement entire areas of land which it is thought advantageous to give out for rent。 Those who take it are mostly the same villagers who possess the regular holdings； but their title is different； in one case it is based on agreement； in the other on custom。（51*） Plots of this kind are called forlands。（52*） In close connexion with them we find the essarts or assarts…land newly reclaimed from the waste； and therefore not mapped out according to the original plan of possession and service。 The Surveys often mark the different epochs of cultivation the old and the new essarts。（53*） The documents show also that the spread of the area under cultivation was effected in different ways； sometimes by a single settler with help from the lord；（54*） and sometimes by the entire village； or at any rate by a large group of peasants who club together for the purpose。（55*） In the first case there was no reason for bringing the reclaimed space under the sway of the compulsory rotation of crops or the other regulations of communal agriculture。 In the second； the distribution of the acres and strips among the various tenants was proportioned to their holdings in the ancient lands of the village。 The rents on essart land seem very low； and no wonder： everywhere in the world the advance of cultivation has been made the starting…point of privileged occupation and light taxation。 The Roman Empire introduced the emphyteusis as a contract in favour of the pioneers of cultivation； the French feudal law endowed the hotes （hospites） on newly reclaimed land with all kinds of advantages。 English practice is not so explicit on this point； but it is not difficult to gather from the Surveys that it was not blind to the necessity of patronising agricultural progress and encouraging it by favourable terms。 Of mol…land I have already spoken in another chapter。 I will only point out now that this class of tenements appears to have been a very common one。 Thirteenth century surveys often describe certain holdings in two different ways…on the supposition of their paying rent； and also on that of their rendering labour…services； when they pay r
