登陆注册
5252000000029

第29章

One of the special points in such cases often is, that a guardian or his steward has been ruining the villains in the ward's manors by destroying their waynage.* Of course, the protection of the peasant's prosperity, guaranteed by the courts in such trials, is wholly due to a consideration of the interests of the ward; and the care taken of villains is exactly parallel to the attention bestowed upon oaks and elms. Still, the notion of waynage is in itself a peculiar and an important one, and whatever its ultimate origin may be, it points to a civil condition which does not quite fall within the lines of feudal law.

Another anomaly is supplied by Britton. After putting the case as strongly as possible against serfs, after treating them as mere chattels to be given and sold, he adds, 'But as bondmen are annexed to the freehold of the lord, they are not devisable by testament, and therefore Holy Church can take no cognisance of them in Court Christian, although devised in testament.' (I. 197)The exclusion of villains is not peculiar to them; they share it with the greater part of landed possessions.' As all the courts of civil jurisdiction had been prohibited from holding jurisdiction as to testamentary matters, and the Ecclesiastical Courts were not permitted to exercise jurisdiction as to any question relating to freehold, there was no court which could properly take cognisance of a testamentary gift of land as such.'* The point to be noted is, that villains are held to be annexed to the freehold, although in theory they ought to be treated as chattels. The contradiction gives us another instance of the peculiar modification of personal servitude by the territorial element. The serf is not a colonus, he is not bound up with any particular homestead or plot of land, but he is considered primarily as a cultivator under manorial organisation, and for this reason there is a limitation on the lord's power of alienating him. Let it be understood, however, that the limitation in this case does not come before us as a remnant of independent rights of the peasant. It is imposed by those interests of the feudal suzerain and of the kin which precluded the possibility of alienating land by devise.*An inquiry into the condition of villains would be altogether incomplete, if it did not touch on the questions of villain tenure and villain services. Both are intimately connected with personal status, as may be seen from the very names, and both have to be very carefully distinguished from it. I have had to speak of prescription as a source of villainage. Opinions were very uncertain in this respect, and yet, from the mere legal point of view, there ought not to have been any difficulty about the matter. Bracton takes his stand firmly on the fundamental difference between status and tenure in order to distinguish clearly between serfs and free men in a servile position.* The villain is a man belonging to his lord personally; a villain holding (villenagium) is land held at the will of the lord, without any certainty as to title or term of enjoyment, as to kind or amount of services. Serfs are mostly, though not necessarily, found on villain land; it does not follow that all those seated on villain land are serfs. Free men are constantly seen taking up a villenagium; they do not lose by it in personal condition; they have no protection against the lord, if he choose to alter their services or oust them from the holding, but, on the other hand, they are free to go when they please. There is still less reason to treat as serfs such free peasants as are subjected to base services, i.e. to the same kind of services and payments as the villains, but on certain conditions, not more and not less. Whatever the customs may be, if they are certain, not only the person holding by them but the plot he is using are free, and the tenure may be defended at law.*Such are the fundamental positions in Bracton's treatise, and there can be no doubt that they are borne out in a general way by legal practice. But if from the general we turn to the particular, if we analyse the thirteenth-century decisions which are at the bottom of Bracton's teaching, we shall find in many cases notions cropping up, which do not at all coincide with the received views on the subject. In fact we come across many apparent contradictions which can be attributed only to a state of fermentation and transition in the law of the thirteenth century.

Martin of Bestenover's case is used by Bracton in his treatise as illustrating the view that tenure has no influence on status.* It was a long litigation, or rather a series of litigations. Already in the first year of King John's reign we hear of a final concord between John of Montacute and Martin of Bestenover as to a hundred acres held by the latter.* The tenant is ejected however, and brings an assize of mort d'ancestor against Beatrice of Montacute, who, as holding in dower, vouches her son John to warranty. The latter excepts against Martin as a villain. A jury by consent of the parties is called in, and we have their verdict reported three times in different records.*They say that Martin's father Ailfric held of John Montacute's father a hundred acres of land and fifty sheep besides, for which he had to pay 20s. a year, to be tallaged reasonably, when the lord tallaged his subjects, and that he was not allowed to give his daughter away in marriage before making a fine to the lord according to agreement. We do not know the decision of the judges in John's time, but both from the tenor of the verdict and from what followed, we may conclude that Martin succeeded in vindicating his right to the land. Proceedings break out again at the beginning of Henry III's reign.

同类推荐
  • 大乘百法明门论疏

    大乘百法明门论疏

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • The Marble Faun

    The Marble Faun

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 环溪诗话

    环溪诗话

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 本愿药师经古迹

    本愿药师经古迹

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 窑器说

    窑器说

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
热门推荐
  • 大秦钜子

    大秦钜子

    秦之一世,华夏千百年兴替之起源。十数年的光阴,骊山起陵,阿房建阙,驰道通国,湘离勾连。而在无数奇迹背后,是完备的律法,是不尽的苦徭,是争鸣渐弱的百家,是生机勃勃的市井。矛盾之世,大争之时!这是一个工业设计师的大秦之旅,一个隐姓的君侯嫡孙拔起于微末的故事。观书指南:PS1.硬核时代文,自诩合理党,内附颇多干货PS2.本书保秦立场,作者君笔力一般,凡晦涩难通,词不达意,请谅解PS3.咸鱼一枚,绝不拖稿,少有爆更PS4.一个小群,群号792693720,保证没有萌妹子,只有一群杠精
  • 超级基因商城

    超级基因商城

    “蚂蚁基因,融合后力量增强百倍!”“电鳗基因,融合后身体可产生雷电!”“轰!”穆天一拳轰在空中,顿时便打出了一记音爆重拳……“我滴龟龟……”穆天目瞪口呆的看着自己完好无损的拳头,眼中闪过了一丝不可思议……书友群:378521303
  • 全球巨星从练习生开始

    全球巨星从练习生开始

    陈敏昊发现自己穿越到平行世界的华夏,还成为了一名偶像练习生。他凭借自身努力驾驭智商、情商、颜值三辆马车,从练习生一步步成为流量明星,最后成为征服全球唱演两栖的全球巨星。书友群:826787479非韩娱!陈、敏、昊三个字都是汉字,是我从我舍友的名字中各取一个字。
  • 不予时光度流年

    不予时光度流年

    没人知道,孤僻自卑的江维、热情洋溢的赵萌凡她们是怎么成为闺蜜的。单亲家庭的江维,在家里背负上一场官司之后显得更加压抑。而赵萌凡依旧是家世优越的小公主。当她们遇见那个凉薄的男孩夏朔……爱慕如同种子,在心底开出了最柔嫩的枝桠。一个小心隐藏,一个张扬追求。当刻印在心底最深处的少女心事被撕开,友情终于被爱情搁浅。如果不曾遇见就好了,如果不是闺蜜就好了……江维失去了最好的朋友,却遇上了会为她挺身而出,反抗所有的男孩御新冶。江维和御新冶,赵萌凡和夏朔,四个人的青春祭,终于在那一年开出了苦涩的花。
  • 宿主大大别乱崩

    宿主大大别乱崩

    (快穿)(微虐)(1v1双洁)(江绾x君子阳)本以为只能带着仇恨草草了事的江绾碰上了只神秘的火焰,索性也就与它绑定了,从此一发不可收拾走上了穿梭与各大位面及现实的悲催人生。“绾绾,我只要你”江绾:穿梭各大位面就算了,虐渣渣也就算了,你还要我攻略一男的?#女主性格不定##以为是王者其实是青铜##永远是被带的那个##各大位面男神在线解锁#
  • 潘德的预言之千古一帝

    潘德的预言之千古一帝

    声明:本书世界观基于“SaxonDragon”制作的《骑马与砍杀》MOD《潘德的预言》,而后地图、部分角色与设定采用的私改版。使用私改版是因为其不再更新方便创作,并不代表本文作者支持私改版。自卡瓦拉大帝踏平大陆,建立潘德帝国以来,和平的假象只维持了不过百年。在红死病的肆虐下,潘德王室凋零,四方野心家并起。此后又是百年乱象,直到潘德354年1月1日,几辆来自萨里昂的商队马车驶出了雅诺斯的城门……
  • 我的天劫之道

    我的天劫之道

    汪无敌,一个平凡普通的人。因为她的出现刷新了他的世界观,这里没有斗气,没有武魂,但这个世界却拥有汪无敌想都没想过的仙力,这里叫做神州大陆……
  • 未来武道修练网

    未来武道修练网

    新书《步武》已上传,求关注,大家推荐票投给新书吧。谢谢。。。
  • 当是浩月当空时

    当是浩月当空时

    短篇小说。当是浩月时,一袭白衣依剑看飞花,若是洒脱,当此时,凭剑断恩仇,快意饮酒。
  • 剥豆集(四)

    剥豆集(四)

    像候鸟适时地飞临和翔寓鸟岛,像青海湖水必然变换着宁静和狂躁,一种空灵的魅力在人们的认识和期待中浓缩、升华,成了一个具体的结晶。它就是一座形象的碑,坐落在青海湖帐房宾馆院里的壮美雕塑:佛手。以不锈钢为材料,掌心朝东握着金钢杵的佛手,傲立在装饰着莲花瓣的大理石基座上。佛手的造型典雅优丽,象征着力也象征着美。银白的手,金黄的金钢杵,七彩的吉祥莲花瓣,凝重的铁灰色大理石,都在阳光下闪烁着,挂住来往的风声呜呜作响。八面基座上镶嵌了莲花生降伏海魔、文成公主进藏、六字真言等八幅浮雕作品。