However, the conditions which would facilitate such a farther fall had

long been prepared, for slavery had been losing some of its harshest

features. Of this process we have said something elsewhere[1117]. What

the church did for the slave may have been wisely and was humanely done;

but what it did for the slave was done to the detriment of the poorer

classes of free men. By insisting that the slave has a soul to be saved,

that he can be sinned against and can sin, that his marriage is a

sacrament, we obliterate the line between person and thing. On the other

hand, in the submission of one person to the will of another, a

submission which within wide limits is utter and abject, the church saw

no harm. Villeinage and monasticism are not quite independent phenomena;

even a lawyer could see the analogy between the two[1118]. And a touch

of mysticism dignifies slavery:--the bishop of Rome is the serf of the

serfs of God; an earl held land of Westminster Abbey 'like a

_theow_[1119].' One of the surest facts that we know of the England of

Cnut's time is that the great folk were confounding their free men with

their theowmen and that the king forbad them to do this. We see that one

of the main lines which has separated the rightless slave from the free

ceorl is disappearing, for the lord, as suits his interest best, will

treat the same man now as free and now as bond[1120].

[Growth of manors from below.]

We might here speak of the numerous causes for which in a lawful fashion

a free man might be reduced into slavery, and were we to do so, should

have to notice the criminal law with its extremely heavy tariff of _wer_

and _wite_ and _bót_. But of this enough for the time has been said

elsewhere[1121], and there are many sides of English history at which we

can not even glance. However, lest we should be charged with a grave

omission, we must explain that the processes which have hitherto come

under our notice are far from being in our eyes the only processes that

tended towards the creation of manors. We have been thinking of the

manors as descending from above (if we may so speak) rather than as

growing up from below. The alienation of royal rights over villages and

villagers has been our starting point, and it is to this quarter that we

are inclined to look for the main source of seignorial power. But, no

doubt, within those villages which had no lords--and plenty of such

villages there were in 1065--forces were at work which made in the

direction of manorialism. They are obscure, for they play among small

men whose doings are not recorded. But we have every reason to suppose

that in the first half of the eleventh century a fortunate ceorl had

many opportunities of amassing land and of thriving at the expense of

his thriftless or unlucky neighbours. Probably the ordinary villager was

seldom far removed from insolvency: that is to say, one raid of

freebooters, one murrain, two or three bad seasons, would rob him of his

precious oxen and make him beggar or borrower. The great class of

_bordarii_ who in the east of England are subjected to the sokemen has

probably been recruited in this fashion[1122]. And so we may see in

Cambridgeshire that a man will sometimes have half a hide in one

village, a virgate in another, two-thirds of a virgate in a third. He is

'thriving to thegn-right.' Then, again, some prelate or some earl will

perhaps obtain the commendation of all the villagers, and his hold over

the village will be tightened by a grant of sake and soke, though, if we

may draw inferences from Cambridgeshire, this seems to have happened

rarely, for the sokemen of a village have often shown a marvellous

disagreement among themselves in their selection of lords, and seem to

have chosen light-heartedly between the house of Godwin and the house of

Leofric as if they were but voting for the yellows or the blues. We

fully admit that these forces were doing an important work; but they

were doing it slowly and it was not nearly achieved when the Normans

came. Nor was it neat work. It tended to produce not the true and

compact manerio-villar arrangement, but those loose, dissipated manors

which we see sprawling awkwardly over the common fields of the

Cambridgeshire townships[1123].

[Sidenote: Theories which connect the English manor with the Roman

villa.]

We have been endeavouring to show that the legal, social and economic

structure revealed to us by Domesday Book can be accounted for, even

though we believe that in the seventh century there was in England a

large mass of free landowning ceorls and that many villages were peopled

at that time and at later times chiefly by free landowning ceorls and

their slaves. We have now to examine the evidence that is supposed to

point to a contrary conclusion and to connect the English manor of the

eleventh century with the Roman villa of the fifth. Two questions should

be distinguished from each other--(1) Have we any proof that during

those six centuries, especially during the first three of them, the type

of rural economy which we know as 'manorial' was prevalent in England?

(2) Have we any proof that the tillers of the soil were for the more

part slaves or unfree men? We will move backwards from Domesday Book.

[The _Rectitudines_.]

In the first place reliance has been placed on the document known as

_Rectitudines Singularum Personarum_[1124]. Of the origin of this we

know nothing; we can not say for certain that it is many years older

than the Norman Conquest. Apparently it is the statement of one who is

concerned in the management of great estates and is desirous of

imparting his knowledge to others. It first sets forth the right of the

thegn. He is worthy of the right given to him by his book. He must do

three things in respect of his land, namely, fyrdfare, burh-bote and

bridge-work. From many lands however 'a more ample landright arises at

the king's ban': that is to say, the thegn is subject to other burdens,

such as making a deer-hedge at the king's hám, providing warships[1125]

and sea-ward and head-ward and fyrd-ward, and almsfee and church-scot

and many other things. Then we hear of the right of the _geneat_. It

varies from place to place. In some places he must pay rent

(_land-gafol_) and grass-swine yearly, and ride and carry and lead

loads, work and support his lord[1126], and reap and mow and hew the

deer-hedge and keep it up, build and hedge the _burh_ and make new roads

for the _tún_, pay church-scot and almsfee, keep head-ward and

horse-ward, go errands far and near wherever he is directed. Next we

hear of the cottier's services. He works one day a week and three days

in harvest-time. He ought not to pay rent. He ought to have five acres

more or less. He pays hearth-penny on Holy Thursday as every free man

should. He 'defends' or 'acquits' his lord's inland when there is a

summons for sea-ward or for the king's deer-hedge or the like, as befits

him, and pays church-scot at Martinmas. Then we have a long statement as

to the services of the _gebúr_. In some places they are heavy, in others

light. On some land he must work two days a week and three days at

harvest by way of week-work. Besides this there is rent to be paid in

money and kind. There is ploughing to be done and there are boon-works.

He has to feed dogs and find bread for the swine-herd. His beasts must

lie[1127] in his lord's fold from Martinmas to Easter. On the land where

this custom prevails the _gebúr_ receives by way of outfit two oxen and

one cow and six sheep and seven sown acres upon his yard-land. After the

first year he is to do his services in full and he is to receive his

working tools and the furniture for his house. We then hear of the

special duties and rights of the bee-keeper, the swine-herd, the

follower, the sower, ox-herd, shepherd, beadle, woodward, hayward and so

forth.

[Discussion of the _Rectitudines_.]

Now, according to our reading of this document, there stand below the

thegn, but above the serfs (of whom but few words are said[1128]) three

classes of men--there is the _geneat_, there is the _gebúr_ and there is

the _cotsetla_. The boor and the cottier are free men; the cottier pays

his hearth-penny, that is his Romescot, his Peter's-penny, on Holy

Thursday as every free man does; but both boor and cottier do week-work.

On the other hand the _geneat_ does no week-work. He pays a rent, he

pays a grass-swine (that is to say he gives a pig or pigs in return for

his pasture rights), he rides, he carries, he goes errands, he

discharges the forinsec service due from the manor, and he is under a

general obligation to do whatever his lord commands. He bears a name

which has originally been an honourable name; he is his lord's

'fellow[1129].' His services strikingly resemble those which St. Oswald

exacted from his _ministri_, his _equites_, his _milites_[1130]. Almost

every word that is said of the _geneat_ is true of those very

substantial persons who took land-loans from the church of Worcester.

The _geneat_ (who becomes a _villanus_ in the Latin version of our

document that was made by a Norman clerk of Henry I.'s reign) is a

riding-man, radman, radcniht, with a horse, a very different being from

the _villanus_ of the thirteenth century[1131]. On the other hand, in

the _gebúr_ of this document we may see the _burus_, who is also the

_colibertus_ of Domesday Book[1132], and he certainly is in a very

dependent position, for his lord provides him with cattle, with

instruments of husbandry, even with the scanty furniture of his house.

We dare not indeed argue from this text that the _villanus_ of Domesday

Book does not owe week-work, for the writer who rendered _geneat_ by

_villanus_ was quite unable to understand many parts of the document

that he was translating[1133]; but when we place the _Rectitudines_ by

the side of the survey we can hardly avoid the belief that the extremely

dependent _gebúr_ of the former is represented, not by the _villanus_,

but by the _burus_ or _colibertus_ of the latter. However, over and over

again the author of the _Rectitudines_ has protested that customs vary.

He will lay down no general rule; he does but know what goes on in

certain places[1134].

[The Tidenham case.]

In 956 King Eadwig gave to Bath Abbey thirty manses at Tidenham in

Gloucestershire[1135]. A cartulary compiled in the twelfth century

contains a copy of his gift, and remote from this it contains a

statement of the services due from the men of Tidenham. It is possible,

but unlikely, that this statement represents the state of affairs that

existed at the moment when the minster received the gift; to all

appearance it belongs to a later date[1136]. It begins by stating that

at Tidenham there are 30 hides, 9 of inland and 21 'gesettes landes,'

that is 9 hides of demesne and 21 hides of land set to tenants. Then

after an account of the fisheries, which were of importance, it tells us

of the services due from the _geneat_ and from the _gebúr_. The _geneat_

shall work as well on the land as off the land, whichever he is bid, and

ride and carry and lead loads and drive droves 'and do many other

things.' The _gebúr_ must do week-work, of which some particulars are

stated, and he also must pay rent in money and in kind. Here again a

well marked line is drawn between the _geneat_ and the _gebúr_. Here

again the _geneat_, like the _cniht_ or _minister_ of Oswaldslaw, is

under a very general obligation of obedience to his lord; but he is a

riding man and there is nothing whatever to show that he is habitually

employed in agricultural labour upon his lord's demesne. As to the

_gebúr_, he has to work hard enough day by day, and week by week, though

of his legal status we are told no word.

[The Stoke case.]

In a Winchester cartulary, 'a cartulary of the lowest possible

character,' there stands what purports to be a copy of the charter

whereby in the year 900 Edward the Elder gave to the church of

Winchester 10 _manentes_ of land 'æt Stoce be Hysseburnan' together with

all the men who were thereon at the time of Alfred's death and all the

men who were 'æt Hisseburna' at the same period. Edward, we are told,

acquired the land 'æt Stoce' in exchange for land 'æt Ceolseldene' and

'æt Sweoresholte [Sparsholt].' At the end of the would-be charter stand

the names of its witnesses. Then follows in English (but hardly the

English of the year 900) a statement of the services which the ceorls

shall do 'to Hysseburnan.' Then follow the boundaries. Then the

eschatocol of the charter and the list of witnesses is repeated[1137].

On the face of the copy are three suspicious traits: (1) the modernized

language, (2) the repeated eschatocol, (3) the description of the

services, for the like is found in no other charter. This is not all.

Two other documents in the same cartulary bear on the same transaction.

By the first Edward gave to the church of Winchester 50 _manentes_ 'æt

Hysseburnan' which he had obtained by an exchange for land 'æt

Merchamme[1138].' By the second he gave to the church of Winchester 50

_manentes_ 'ad Hursbourne' and other 10 'ad Stoke[1139].' The more

carefully these three documents are examined, the more difficult will

the critic find it to acquit the Winchester monks of falsifying their

'books' and improving Edward's gift. Therefore this famous statement

about the ceorls' services is not the least suspicious part of a highly

suspicious document. It is to this effect:--'From each _hiwisc_ (family

or hide), at the autumnal equinox, forty pence and six church _mittan_

of ale and three sesters of loaf-wheat. In their own time they shall

plough three acres and sow them with their own seed, and in their own

time bring it [the produce of the sown land] to barn. They shall pay

three pounds of gafol barley and mow half an acre of gafol-mead in their

own time and bring it to the rick; four fothers of split gafol-wood for

a shingle-rick in their own time and sixteen yards of gafol-fencing in

their own time. And at Easter two ewes with two lambs, but two young

sheep may be counted for an old one; and they shall wash and shear sheep

in their own time. And every week they shall do what work they are bid,

except three weeks, one at Midwinter, one at Easter and the third at the

Gang Days.' Here no doubt, as in the account of Tidenham, as in the

_Rectitudines_, we see what may fairly be called the manorial economy.

The lord has a village; he has demesne land (_inland_) which is

cultivated for him by the labour of his tenants; these tenants pay

_gafol_ in money or in kind; some of them (the _geneat_ of Tidenham, the

_geneat_ of the _Rectitudines_) assist him when called upon to do so;

others work steadily from day to day; in many particulars the extent of

the work due from them is ascertained; whether they are free men,

whether they are bound to the soil, whether the national courts will

protect them in their tenure, whether they are slaves, we are not told.

[Inferences from these cases.]

That such an arrangement was common in the eleventh century we know; a

solitary instance of it comes to us professedly from the first year of

the tenth, and certainly from a cartulary that is full of lies. To

draw general inferences from a few such instances would be rash.

What should we believe of 'the English village of the eleventh century'

if the one village of which we had any knowledge was Orwell in

Cambridgeshire[1140]? What should we believe of 'the English village of

the thirteenth century' if our only example was a village on the ancient

demesne? The traces of a manorial economy that have been discovered in

yet remoter times are few, slight and dubious. A passage in the laws of

Ine[1141] seems to prove that there were men who had let out small

quantities of land, 'a yard or more,' to cultivators at rents and who

were wrongfully endeavouring to get from their lessees work as well as

_gafol_. The same law may prove the highly probable proposition that

some men had taken 'loans' of manses and were paying for them, not only

by _gafol_, but by work done on the lord's land. That already in Ine's

day there were many free men who were needy and had lords above them,

that already the state was beginning to consecrate the relation between

lord and man as a security for the peace and a protection against crime

is undoubted[1142]. But this does not bring us very near to the Roman

_villa_. Nor shall we see a _villa_ wherever the dooms or the land-books

make mention of a _hám_ or a _tún_, for the meanest ceorl may have a

_tún_ and will probably have a home of his own[1143].

[The _villa_ and the _vicus_.]

It is said that the England of Bede's day was full of _villae_ and that

Bede calls the same place now _villa_ and now _vicus_[1144]. But before

we enter on any argument about the use of such words, we ought first to

remember that neither Bede nor the scribes of the land-books were

trained philologists. London is a _villa_[1145], but it is also a

_civitas_, _urbs_, _oppidum_, _vicus_, a _wíc_, a _tún_, a _burh_, and a

_port_. When we see such words as these used promiscuously we must lay

but little stress upon the occurrence of a particular term in a

particular case. Suppose for a moment that in England there were many

villages full of free landholders: what should they be called in Latin?

They should, it is replied, be called _vici_ and they should not be

called _villae_, for a _villa_ is an estate. But it is part of the case

of those who have used this argument that at the time of the barbarian

invasions the Roman world was full of _villae_, so full that every or

almost every _vicus_ was situated on and formed part of a _villa_[1146].

We are therefore exacting a good deal from Bede, from a man who learnt

his Latin in school, if we require him to be ever mindful of this nice

distinction. We are saying to him: 'True it is that a knot of

neighbouring houses with the appurtenant lands is habitually called a

_villa_; but then this word introduces the notion of ownership; the

_villa_ is an unit in a system of property law, and, if your village is

not also an estate, a _praedium_, then you should call it _vicus_ and

not _villa_.' To this we must add that, while the word _villa_ did not

until after the Norman Conquest force its way into English speech, the

word _vicus_ became an English word at a very early period[1147]. It

became our word _wick_ and it became part of a very large number of

place-names[1148]. The Domesday surveyors found _herdwicks_ and

_berewicks_ in many parts of the country[1149]. Moreover we can see

that in the Latin documents _villa_ is used in the loosest manner.

London is a _villa_; but a single house, a single 'haw,' in the city of

Canterbury or the city of Rochester is a _villa_[1150].

[Notices of manors in the charters.]

If we carefully attend to the wording of the land-books, we shall find

the manorial economy far more visible in the later than in the earlier

of them. The Confessor gives to Westminster 'ða cotlife Perscore and

Dorhurste' with all their lands and all their berewicks[1151]. He gives

the cotlif Eversley and all things of right belonging thereto, with

church and mill, with wood and field, with meadow and heath, with water

and with moor[1152]. From 998 we have a gift of a 'heafod-botl,' a

capital mansion, we may say, and its appurtenances[1153]. In earlier

times we may sometimes find that the subject matter of the royal gift is

spoken of as forming a single unit; it is a _villa_, or it is a _vicus_.

But rarely is the thing that is given called a _villa_ except when the

thing that is given is just a single hide[1154]. If a charter freely

disposes of several _villae_, meaning thereby villages, we shall

probably find some other reasons for assigning that charter, whatever

date it may bear, to the eleventh, the twelfth or a yet later

century[1155]. Sometimes in old books the king will say that he is

giving a _vicus_, a _vicus_ of five or eight or ten _tributarii_[1156].

Much more frequently he will not speak thus; he will not speak as though

the subject matter of his gift had a physical unity and individuality.

'I give,' he will say, 'so many _manentes_, _tributarii_, or _casati_

in the place known as _X_,' or 'I give a certain part of my land, to

wit, that of so many _manentes_, _tributarii_, or _casati_ at the spot

which men call _Y_.' Such language does not suggest that the manses thus

given are subservient to one dominant and dominical manse or manor; it

is very unlike the language of the twelfth century[1157]. Such words as

_fundus_ and _praedium_ are conspicuously absent, and _ager_ usually

means but a small piece of land, an acre. Foreign precedents would have

suggested that when an estate was to be conveyed it should be conveyed

_cum servis et ancillis_, or _cum mancipiis et accolabus_; such clauses

are rare in our English land-books[1158].

[The _mansa_ and the _manens_.]

But, it will be said, at all events the king is giving persons, men, as

well as land; he is giving _manentes_, _casati_, _tributarii_. What is

more these are foreign words and they describe the 'semi-servile'

occupants of the soil. Now it is true that sometimes he gives

_manentes_, _casati_, _tributarii_, though more often he gives either so

many manses (_mansas_), or 'the land of so many _manentes_, _casati_,

_tributarii_,' while in Kent he gives plough-lands or sullungs. But we

think it plain that in England these Latin words were used simply to

describe the extent, or rather the rateable extent, of land, without

much reference to the number or the quality of its occupants. The _terra

unius manentis_, even the _unus casatus_ when that is the subject of a

conveyance, is like Bede's _terra unius familiae_, the unit known to

Englishmen as the _hiwisc_, or _hide_[1159]. Hence it is that reference

is so often made to repute and estimation. 'I give,' says Egbert, 'a

certain portion of land to the amount, as I estimate, of five

_casati_,' or (it may be) 'of twenty _manentes_[1160].' Nothing can be

easier than to count whether there be four, five, or six 'semi-servile'

households on a given piece of land. Far easier would it be to do this

than to do what is habitually done, namely, to set forth the boundaries

of the land with laborious precision. But there is already an element of

estimation, of appreciation, in these units. Already they are units in a

system of taxation. Hence also it is that so very frequently what the

king gives is just exactly five, or some multiple of five, of these

units[1161]. Rating is a rough process; five and ten are pleasant

numbers.

[The hide.]

But against the argument which would see in every conveyance of 'five

_manentes_' or of 'the land of five _casati_' a conveyance of five

semi-servile households with their land we have another objection to

urge. Here we will state it briefly; a fuller statement would take us

far away from our present theme. If the land-books of the churches are

to lead up to Domesday Book, the unit conveyed as _terra unius manentis_

(_casati_, _tributarii_) is a hide with some 120 acres of arable land,

the land appropriate to a plough-team of eight oxen. Had the

semi-servile _manens_ as a general rule 120 arable acres, a plough-team

of eight oxen? We do not believe it, and those who have most strongly

insisted on the servility or 'semi-servility' of the tillers of the

soil, do not believe it. They would give the _gebúr_ but a quarter of a

hide and but two beasts of the plough. That being so, it should be

common ground that the _terra unius manentis_ (_casati_, _tributarii_)

can not be construed as 'the land occupied by one semi-servile tenant.'

An explanation of the fact that land is conveyed by reference to units

so large as the hide of 120 acres and that these units are spoken of as

though each household would normally have one of them must be sought

elsewhere; we can not here pause to find it. But in any case these

foreign terms should give us little trouble. When he hears such words as

_manens_, _casatus_, _tributarius_, the man who has lived in Gaul may

hear some undertone of servility or 'semi-servility.' We do not discuss

this matter; it may be so. But look at the words themselves, what do

they primarily mean? A _manens_ is one who dwells upon land, a _casatus_

is one to whom a _casa_ has been allotted, a _tributarius_ pays

_tributum_; the free English landowner pays a _tributum_ to the

king[1162]. We must make the best we can of a foreign, an inappropriate

tongue, and the best that we make is often very bad, especially when we

have a taste for fine writing. And so England is full of villas which

are Roman and satraps who, no doubt, are Persian.

[The strip-holding and the villa.]

Domesday Book and Beyond: Three Essays in the Early History of England · 第 35 / 56 段