As a rule, quite half of the burgesses in any of those county towns that

are fully described in the survey are the king's own burgesses, and in

some cases his share is very large. This suggests that the land on which

the borough stands has been royal land and that the king provided the

shire thegns with sites for their haws. For their haws they have

sometimes been paying him small rents. On the other hand, at Leicester,

though the king has some 40 houses, the great majority belong to Hugh of

Grantmesnil. He has about 80 houses which pertain to 17 different manors

and which may in the past have been held by many different thegns; but

he also holds 110 houses which are not allotted to manors and which have

probably come to him as the representative of the earls and ealdormen of

an older time[774]. This looks as if in this case the soil had been not

royal but 'comital' land at the time when the place was fortified and

when the landowners of the shire, including perhaps the king, were

obliged to build houses within the wall. But though we fully admit that

each of our boroughs has lived its own life, our evidence seems to point

to the conclusion that in those truly ancient boroughs of which we have

been speaking, though there might be many inhabitants who held and who

cultivated arable land lying without the walls, there were from a remote

time other burgesses who were not landowners and were not

agriculturists and yet were men of importance in the borough. If we

look, for example, at the elaborate account of Colchester we shall first

read the names of the king's burgesses. 'Of these 276 burgesses of the

king, the majority have one house and a plot of land of from one to

twenty-five acres; some possess more than one house and some have none;

they had in all 355 houses and held 1296 acres of land[775]'. But these

were not the only burgesses. Various magnates had houses which were

annexed to their rural manors. Count Eustace (to name a few) had 12,

Geoffrey de Mandeville 2, the Abbot of Westminster 4, the Abbess of

Barking 3, and seemingly to these houses no strips in the arable fields

were attached[776]. Thus, though many of the burgesses may till the

soil, the borough community is not an agrarian community. We can not

treat it as a village community that has prospered and slowly changed

its habits. A new principle has been introduced, an element of

heterogeneity. The men who meet each other in court and market, the men

who will hereafter farm the court and market, are not the shareholders

in an agricultural concern.

[Burgage tenure.]

That tenurial heterogeneity of which we have been speaking had another

important effect. When in later days a rural manor is being raised to

the rank of a _liber burgus_, the introduction of 'burgage tenure' seems

to be regarded as the very essence of the enfranchisement[777]. Probably

this feature had appeared in many boroughs at an early date. The lord

with lands in Oxfordshire may have been bound to keep a few houses and

retainers in Oxford. If, however, the commercial element in the town

began to get the better of the military element, if Oxford became a

centre of trade, then a house in Oxford could be let for a money rent.

In Domesday Book the barons are drawing rents from their borough houses.

If any return is to be made by the occupier to the owner it will take

the form of a money rent; it can hardly take another form. Thus tenure

at a money rent would become the typical tenure of a burgage tenement.

It will be a securely heritable tenure, because the landlord is an

absentee and has too few tenants in the town to require the care of a

resident reeve. But there may have been many dwellers in some of the

boroughs who were bound to help in the cultivation of a stretch of royal

or episcopal demesne that lay close to the walls. In the west some of

the king's burgesses seem to have been holding under onerous terms. At

Shrewsbury, which lies near the border of Wales where every girl's

marriage gave rise to an _amobyr_, a maid had to pay ten, a widow twenty

shillings when she took a husband, and a relief of ten shillings was due

when a burgess died[778]. At Hereford the reeve's consent was necessary

when a burgage was to be sold, and he took a third of the price. When a

burgess died the king got his horse and arms (these Hereford burgesses

were fighting men); if he had no horse, then ten shillings 'or his land

with the houses.' Any one who was too poor to do his service might

abandon his tenement to the reeve without having to pay for it. Such an

entry as this seems to tell us that the services were no trivial return

for the tenement[779].

[Eastern and western boroughs.]

On the other hand, we may see at Stamford what seem to be the remains of

a very free group of settlers, presumably Danes. The town contains among

other houses 77 houses of sokemen 'who hold their lands in demesne and

seek lords wherever they please, and over whom the king has nothing but

wite and heriot and toll.' These may be the same persons who hold 272

acres of land and pay no rent for it[780]. At Norwich, again, we seem to

hear of a time when the burgesses were free to commend themselves to

whomever they would, and were therefore living in houses which were all

their own, and for which they paid no rent[781]. It is very possible

that, so far as landlordly rights are concerned, there was as much

difference between the eastern and the western towns as there was

between the eastern and the western villages. Still if we look at

borough after borough, tenure at a money rent is the tenure of the

burgage houses that we expect to find, and such a tenure, even if in its

origin it has been precarious, is likely to become heritable and

secure. As to the shire thegns, they have in some cases paid to the king

small rents for their haws; but in others, for example at Oxford, tenure

by wall-work has been their tenure, and when in other towns we find them

paying rent to the king we may perhaps see commuted wall-work.

[Common property of the burgesses.]

[The community as landholders.]

Traces are few in Domesday Book of any property that can be regarded as

the property of a nascent municipal corporation, and even of any that

can be called the joint or common property of the burgesses. In general

each burgess holds his house in the town of the king or of some other

lord by a several title, and, if he has land in the neighbouring fields,

this also he holds by a several title. 'In the borough of Nottingham

there were in King Edward's day 183 burgesses and 19 _villani_. To this

borough belong 6 carucates of land for the king's geld and one meadow

and certain small woods ... This land was divided between 38 burgesses

and [the king] received 75_s_. 7_d_. from the rent of the land and the

works of the burgesses.' 'In the borough of Derby there were in King

Edward's day 243 resident burgesses.... To this borough belong 12

carucates of land for the geld, but they might be ploughed by 8 teams.

This land was divided among 41 burgesses who had 12 teams[782].' In

these cases we see plainly enough that such arable land as is in any way

connected with the borough has been held by but a few out of the total

number of the burgesses. Therefore we must deal cautiously with entries

that are less explicit. When, for example, in the description of

Stamford we read 'Lagemanni et burgenses habent cclxxii. acras sine omni

consuetudine[783],' we must not at once decide that there is any

ownership by the burgesses as a corporation, or any joint ownership, or

even that all the burgesses have strips in these fields, though

apparently the burgesses who have strips pay no rent for them. This is

the fact and the only fact that the commissioners desire to record. They

do not care whether every burgess has a piece, or whether (as was

certainly the case elsewhere) only some of them held land outside the

walls. When of Norwich we read 'et in burgo tenent burgenses xliii.

capellas[784],' we do not suppose that all the Norwich burghers have

chapels, still less that they hold the forty-three chapels as

co-owners, still less that these chapels belong to a corporation. We

remember that the Latin language has neither a definite nor an

indefinite article. Therefore when of 80 acres at Canterbury, which are

now held by Ralph de Colombiers, we read 'quas tenebant burgenses in

alodia de rege,' we need not suppose that these acres had belonged to

_the_ (i.e. to all the) burgesses of Canterbury[785]. So of Exeter it is

written: 'Burgenses Exoniae urbis habent extra civitatem terram xii.

caruc[arum] quae nullam consuetudinem reddunt nisi ad ipsam civitatem.'

This, though another interpretation is possible, may only mean that

there are outside the city twelve plough-lands which are held by

burgesses whose rents go to make up that sum of £18 which is paid to the

king, or rather in part to the sheriff and in part to the queen dowager,

as the ferm of the city[786]. Concerning Colchester there is an entry

which perhaps ascribes to the community of burgesses the ownership or

the tenancy of fourscore acres of land and of a strip eight perches in

width surrounding the town wall; but this entry is exceedingly

obscure[787]. Another dark case occurs at Canterbury. We are told that

the burgesses or certain burgesses used to hold land of the king 'in

their gild[788].' Along with this we must read another passage which

states how in the same city the Archbishop has twelve burgesses and

thirty-two houses which 'the clerks of the vill hold in their gild.'

Apparently in this last case we have a clerical club or fraternity

holding land, and the burgher's gild may be of much the same nature, a

voluntary association. Not very long after the date of Domesday, for

Anselm was still alive, an exchange of lands was made between the

convent (_hired_, _familia_) of Christ Church and the 'cnihts' of the

chapman gild of Canterbury. The transaction takes place between the

'hired' on the one hand, the 'heap' (for such is the word employed) on

the other. The witnesses to this transaction are Archbishop Anselm and

the 'hired' on the one hand, Calveal the portreeve and 'the eldest men

of the heap' on the other[789]. But to see a municipal corporation in

the burghers' gild of Domesday Book would be very rash. We do not know

that all the burghers belonged to it or that it had any governmental

functions[790].

[Rights of common.]

We may of course find that a group of burgesses has 'rights of common;'

but rights of common, though they are rights which are to be enjoyed in

common, are apt to be common rights in no other sense, for each commoner

has a several title to send his beasts onto the pasture. Thus 'all the

burgesses of Oxford have pasture in common outside the wall which brings

in [to the king] 6_s._ 8_d[791]._' The soil is the king's; the burgesses

pay for the right of grazing it. The roundness of the sum that they pay

seems indeed to hint at some arrangement between the king and the

burgesses taken in mass; but probably each burgess, and the lord of each

burgess, regards a right of pasture as appurtenant to a burgage

tenement. The case is striking, for we have seen how heterogeneous a

group these Oxford burgesses were[792]. No less than nine prelates, to

say nothing of earls and barons, had burgesses in the city. We must

greatly doubt whether there is any power in any assembly of the

burgesses to take from the Bishop of Winchester or the Count of Mortain

the customary rights of pasture that have been enjoyed by the tenants of

his tenements.

[Absence of communalism in the boroughs.]

We might perhaps have guessed that the boroughs would be the places of

all others in which such communalism as there was in the ancient village

community would maintain and develop itself, until in course of time the

borough corporation, the ideal borough, would stand out as the owner of

lands which lay within and without the wall. But, if we have not been

going astray, we may see why this did not happen, at least in what we

may call the old national boroughs. The burgensic group was not

homogeneous enough. We may suppose that some members of it had inherited

arable strips and pasture rights from the original settlers; but others

were 'knights' who had been placed in the haws of the shire-thegns, or

were merchants and craftsmen who had been attracted by the market, and

for them there would be no room in an old agrarian scheme. Indeed it is

not improbable that, even as regards rights of pasture, there was more

difference between burgess and burgess than there was between villager

and villager. In modern times it is not unknown that some of the

burgesses will have pasture rights, while others will have none, and in

those who are thus favoured we may fancy that we see the successors in

title of the king's tenants who turned out their beasts on the king's

land[793].

[The borough community and its lord.]

We have seen that in the boroughs a group of men is formed whose

principle of cohesion is not to be found in land tenure. The definition

of a burgess may involve the possession of a house within or hard by the

walls; but the burgesses do not coalesce as being the tenants or the men

of one lord; and yet coalesce they will. They are united in and by the

moot and the market-place, united under the king in whose peace they

traffic; and then they are soon united over against the king, who exacts

toll from them and has favours to grant them. They aspire to farm their

own tolls, to manage their own market and their own court. The king's

rights are pecuniary rights; he is entitled to collect numerous small

sums. Instead of these he may be willing to take a fixed sum every year,

or, in other words, to let his rights to farm.

[The farm of the borough.]

This step seems to have been very generally taken before the Conquest.

Already the boroughs were farmed. Now the sums which the king would draw

from a borough would be of several different kinds. In the first place,

there would be the profits of the market and of the borough court. In

the second place, there would be the gafol, the 'haw-gavel' and

'land-gavel' arising from tenements belonging to the king and occupied

by burgesses. In the third place, there might be the danegeld; but the

danegeld was a tax, an occasional tax, and for the moment we may leave

it out of our consideration. Now the profits of the market and court

seem to have been farmed. The sums that they bring in to the king are

round sums. The farmer seems to have been the sheriff or in some cases

the king's portreeve. We can find no case in which it is absolutely

clear to our minds that the borough itself, the _communitas burgi_, is

reckoned to be the king's farmer. Again, the king's gafol, that is his

burgage rents, may be farmed: they are computed at a round sum. Thus at

Huntingdon ten pounds are paid by way of land-gafol, and we may be

fairly certain that the sum of the rents of the individual burgesses who

held their tenements immediately of the king (there were other burgesses

who belonged to the Abbot of Ramsey) did not exactly make up this neat

sum[794]. In this case, however, the sum due to the king from his

farmer, probably the sheriff, in respect of the land-gafol is expressly

distinguished from the sum that he has to pay for the farm of the

borough (_firma burgi_):--at least in its narrowest sense, the _burgus_

which is farmed is not a mass of lands and houses, it is a market and a

court[795]. But, though we find no case in which the community of the

borough is unambiguously treated as the king's farmer, there are cases

in which it seems to come before us as the sheriff's farmer. 'The

burgesses' of Northampton pay to the sheriff £30. 10_s._ per

annum:--'this belongs to his farm[796].' The sheriff of Northamptonshire

is liable to the king for a round sum as the farm of the shire, but

'the burgesses' of Northampton are liable to the sheriff for a round

sum. This may mean that for this round sum they are jointly and

severally liable, while, on the other hand, they collect the tolls and

fines, perhaps also the king's burgage rents, and have an opportunity of

making profit by the transaction.

[The sheriff and the borough's farm.]

We must not be in haste to expel the sheriff from the boroughs of the

shire, or to bring the burgesses into immediate contact with the king's

treasury. We must remember that at the beginning of Henry II.'s reign

there is scarcely an exception to the rule that the boroughs of the

shire are in the eyes of auditors at the Exchequer simply parts of that

county which the sheriff farms. So far as the farm is concerned, the

royal treasury knows nothing of any boroughs[797]. The sheriff of

Gloucestershire, for example, accounts for a round sum which is the farm

of his county; neither he nor any one else accounts to the king for any

farm of the borough of Gloucester. If, as is most probable, the borough

is being farmed, it is being farmed by some person or persons to whom,

not the king, but the sheriff has let it for a longer or shorter period

at a fixed rent. Here, again, we see the likeness between a borough and

a hundred. The king lets the shire to farm; the shire includes hundreds

and boroughs; the sheriff 'lets the hundreds to farm; the sheriff lets

the boroughs to farm.' A few years later a new arrangement is made. The

king begins to let the borough of Gloucester to farm. A sum of £50

(blanch) is now deducted from the rent that the sheriff has been paying

for his shire, and, on the other hand, Osmund the reeve accounts for

£55, which is the rent of the borough. We must not antedate a change

which is taking place very gradually in the middle of the twelfth

century. Nor must we at once reject the inference that, as the bailiffs

to whom the sheriff lets the hundreds are chosen by him, so also the

bailiffs or portreeves to whom he lets the boroughs are or have been

chosen by him. It seems very possible that one of the first steps

towards independence that a borough takes is that its burgesses induce

the sheriff to accept their nominee as his farmer of the town if they in

mass will make themselves jointly and severally liable for the rent.

These movements take place in the dark and we can not date them; but to

antedate them would be easy.

[The community and the geld.]

We also see that the 'geld' that the borough has to pay is a round sum

that remains constant from year to year. Cambridge, for example, is

assessed at a hundred hides, Bedford at half a hundred[798]. Now we have

good reason to believe that, in the open country also, a round sum of

geld or (and this is the same thing) a round number of hides had been

thrown upon the hundreds, that the sum thrown upon a hundred was then

partitioned among the vills, and that the sum thrown upon a vill was

partitioned among the persons who held land in the vill. In the open

country, however, when once the partition had been made, the number of

hides that was cast upon the land of any one proprietor seems to have

been fixed for good and all[799]. If we suppose, for example, that a

vill had been assessed at ten hides and that five of those units had

been assigned to a certain Edward, then Edward or his successors in

title would always have to pay for five hides, and would have to pay for

no more although the other proprietors in the vill obtained an exemption

from the tax or were insolvent. In short, the tax though originally

distributed by a partitionary method was not repartitionable. On the

other hand, in the boroughs a more communal arrangement seems to have

prevailed. In some sense or another, the whole borough, no matter what

its fortunes might be, remained answerable for the twenty, fifty or a

hundred hides that had been imposed upon it. Such a difference would

naturally arise. In the open country the taxational hidation was

supposed to represent and did represent, albeit rudely, a state of facts

that had once existed. The man who was charged with a hide ought in

truth to have had one of those agrarian units that were commonly known

as hides. But when a borough was charged with hides, a method of

taxation that was adapted to and suggested by rural arrangements was

being inappropriately applied to what had become or would soon become

an urban district. Thus the gross sum that is cast upon the borough does

not split itself once and for all into many small sums each of which

takes root in a particular tenement. The whole sum is exigible from the

whole borough every time a geld is imposed. It is repartitionable.

[Partition of taxes.]

For all this, however, we must be careful not to see more communalism or

more local self-government than really exists. At first sight we may

think that we detect a communal or a joint liability of all the

burgesses for the whole sum that is due from the borough in any one

year. 'The English born' burgesses of Shrewsbury send up a piteous

wail[800]. They still have to pay the whole geld as they paid it in the

Confessor's day, although the earl has taken for his castle the sites of

fifty-one houses, and other fifty houses are waste, and forty-three

French burgesses hold houses which used to pay geld, and the earl has

given to the abbey, which he has founded, thirty-nine burgesses who used

to pay geld along with the others. But, when we examine the matter more

closely, we may doubt whether there is here any joint and several (to

say nothing of any corporate) liability. Very various are the modes in

which a land-tax or house-tax may be assessed and levied. Suppose a tax

of £100 imposed upon a certain district in which there are a hundred

houses. Suppose it also to be law that, though some of these houses come

to the hands of elemosynary corporations (which we will imagine to enjoy

an immunity from taxation) still the whole £100 must be raised annually

from the householders of the district. For all this, we have not as yet

decided that any householder will ever be liable, even in the first

instance, for more than his own particular share of the £100. A

readjustment of taxation there must be. It may take one of many forms.

There may be a revaluation of the district, and the £100 may be newly

apportioned by some meeting of householders or some government officer.

But, again, the readjustment may be automatic. Formerly there were 100

houses to pay £100. Now there are 90 houses to pay £100. That each of

the 90 must pay ten-ninths of a pound is a conclusion that the rule of

three draws for us. In the middle ages an automatic readjustment was all

the easier because of the common assumption that the value of lands and

houses was known to every one and that one virgate in a manor was as

good as another, one 'haw' in a borough as good as another[801]. We do

not say that the complaint of the burgesses at Shrewsbury points to no

more than an automatic readjustment of taxation which all along has been

a taxation of individuals; still the warning is needful that the

exaction at regular or irregular intervals of a fixed amount from a

district, or from the householders or inhabitants of a district, an

amount which remains constant though certain portions of the district

obtain immunity from the impost, does not of necessity point to any kind

of liability that is not the liability of one single individual for

specific sums which he and he only has to pay; nor does it of necessity

point to any self-governing or self-assessing assembly of

inhabitants[802].

[No corporation implied by the farming of the borough.]

Returning, however, to the case of Northampton, it certainly seems to

tell us of a composition, not indeed between the burgesses and the king,

but between the burgesses and the sheriff. 'The burgesses of Northampton

pay to the sheriff £30. 10_s._' We may believe that 'the burgesses' who

pay this sum have a chance of making a profit. If so, 'the burgesses'

are already beginning to farm 'the borough.' From this, nevertheless, we

must not leap to corporate liability or corporate property. Very likely

the sheriff regards every burgess of Northampton as liable to him for

the whole £30. 10_s._; very certainly, as we think, he does not look for

payment merely to property which belongs, not to any individual burgess

nor to any sum of individual burgesses, but to 'the borough' of

Northampton. Nor if the burgesses make profit out of tolls and fines,

does it follow that they have a permanent common purse; they may divide

the surplus every year[803], or we may suspect them of drinking the

profits as soon as they are made.

[Borough and county organization.]

Domesday Book and Beyond: Three Essays in the Early History of England · 第 21 / 56 段