CHAPTER XVIII

COUNTRY PROPER

The state of things exhibited in the previous chapter is essentially

transitional. What we have there seen is the town emerging out of the

country, or, to put it another way, the country merging, through the

principle of attraction, into the focus of the town. This method of

viewing the subject is necessarily partial and incomplete. The existence

of a common in association with a town or village or group of villages

is not a self-evident proposition, to be taken for granted. It is

clearly part of a system which it now becomes our business to

investigate.

To all appearances many of the arrangements found in the course of, and

to the close of, the Middle Ages, and even (in a decaying and

disappearing form) almost to our own generation, were descended from

that well-nigh immemorial antiquity, in which our forefathers were

colonists in what was to them a new world--a world of forest and of fen,

of man-eating beasts, and alien foemen as fierce or fiercer than they.

These conditions determined the course of action of the men who lived

under them. For safety, men of one blood dwelt together in a stockaded

village or tún. They and their stock, however, had to subsist on their

labour and the bounty of the earth; and therefore around the village a

tract of cultivable land was appropriated to the use of the community.

Until some degree of security was attained it was futile to dream too

much of individual rights; the inhabitants would have been only too glad

of the co-operation of their neighbours, and whilst some worked others

no doubt stood to arms. Within this area seem to have lain fenced

fields for the shelter of calves and other young animals, but this was

probably the only exception. Beyond the arable land lay a ring of meadow

land; beyond that the stinted pasture; and beyond that again the forest

or waste.

By the term "common" is generally understood common of pasture; it is

not unusual to meet with the phrase "cow commons," as though cows were

the principal, if not the sole, objects which rendered commons of

service. This may well have been the case in later times. In early days

however, there went along with it common tillage, examples of which are

still to be found on the Continent. Traces of the open-field system

exist also in various parts of England, notably between Hitchin and

Cambridge, where there are huge turf balks dividing the fields. It is

said that within the last century the country lying between Royston and

Newmarket was entirely unenclosed, and till quite late in the century

parishes like Lexton, in Northamptonshire, retained this characteristic.

Other examples occur at Swanage in Dorset and Stogursey in West

Somerset.

BOROUGH ENGLISH

Before proceeding to describe the methods of cultivation employed, it is

desirable to glance at a custom which, there is reason to suppose, is

connected with that remote period when the English were not _de jure_

masters of the soil, but occupied the position of colonists, who either

expropriated the original inhabitants or entered upon possession of land

as _res nullius_, to which they had established no solid claim by

prescription. We have already referred to that valuable repertoire of

national customs, so judiciously edited as to merit the higher praise

_in_valuable--the Year-Books. The reports of the pleas in the Common

Bench for 1293 include the following:

"One A. brought a writ of entry against B., saying, 'Into which he had

not entry except by such an one who had tortiously, &c, disseised his

father Robert.' And he laid the descent thus: 'From Robert descended the

right, &c, to Adam the present demandant, as his youngest son and heir,

according to the custom of such a place, &c.'

"_Asseby_: 'Sir, we tell you that Adam has an elder brother named N.,

who is legitimate and is alive, and whom they have omitted. Judgment of

the omission.'

"_Sutton_: 'Sir, even if he had made a quit-claim to him, yet that could

not be a bar to us, because by the custom of the country the youngest

shall have his inheritance, wherefore there is no need to make mention

of him.'

"_Asseby_: 'Sir, he has brought a writ at common law; judgment if he

ought not to be answered at common law, and if he (the demandant) can

allege the custom.'

"_Sutton_: 'In many places in England a woman demands her dower by the

writ "Unde nihil habet," which is a writ at common law, and yet,

according to the custom of the country, she will recover for her dower a

moiety of the tenements which belonged to her husband, where by common

law she would have only the third part, and also in the case of

tenements in some countries which are holden by knight-service the lord

can avow the taking as good for cornage according to the law of the

country; and yet the writ is at common law. And also in Gavelkind

according to the custom [of Kent] the younger brother shall have as much

as the elder; and yet one brother shall recover against the other

brother by right "De rationabile parte," and by the "Nuper obiit," which

are writs at common law. So in the present case.'

"_Metingham_ [the judge]: 'Asseby, answer.'"

Now what was this custom? It is that known as "Borough English," and the

reader will have already inferred from the report of the action that,

wherever it prevailed, the youngest son claimed to succeed to his

father's estate. It is therefore the antithesis of the right of

primogeniture, whereby real estate falls to the eldest son. An old

record given to print by the late Mr. Robert Dymond, F.S.A., exhibits in

great detail the customs of the Manor of Braunton, in Devonshire, and

among them is that of Borough English, or, as it is termed in local

parlance, "cradle-land." This testimony is of peculiar interest, since

the document comprises a provision for the assignment of the property in

the not wholly improbable event of the family consisting entirely of

daughters. The section touching upon Borough English is thus formulated:

"HEIRS OF THE YOUNGEST HOLDING

"_Item_, the Custome ys in every of the sayd manors that if eny manner

of person or persons be seased of eny manner of land or tenements, rents

or premises of the yonger holdyng liying withyn eny of the seid manors

or liberties in fee symple or in fe tayle, in demeane or in usu, and

have divers sonnys by dyvers venters, viz. by dyvers wyvys, or women by

divers men, and dye, that then the yonger son of them shall inherite the

seid lands and tenements with other the premyses in fe symple as in fe

tayle that so descendith in the seid yonger holdyng in demeane or in

use, except ther be any other estate made & proved to the contrary by

wryting & if the[y] have no yssue butt all doughters that then the seid

inheritance [is] to be parted betwene theym except any lawful wryting or

state made to the contrary after the custom."

Neither of these rules of succession was in any way confined to the West

of England. Indeed, the late Mr. T. W. Shore, who appears to have been

quite an authority on the subject, affirms that "in a general way it may

be said that the further we go from Kent the less numerous become the

instances in any county of England." This statement is confirmed by a

yet greater authority. "Borough English," says Elton, "was most

prevalent in the S.E. districts, in Kent, Sussex, and Surrey, in a ring

of manors encircling ancient London, and, to a less extent, in Essex and

the East Anglian kingdom." Mr. E. A. Peacock, however, points out that

there are in Lincolnshire seven places where the custom is still

abiding--viz., Hibaldstow, Keadby, Kirton-in-Lindsey, Long Bennington,

Norton (Bishops), Thoresby and Wathall; and he further calls attention

to the fact, which is certainly most important, that the custom may be

traced over nearly all Europe with the exception of Spain and Italy, and

up to the boundaries of China and Arracan. The German name is

_jungsten-recht_; and the practice for which it stands existed, amongst

other places, at Rettenburg in Westphalia. How then did it become known

as Borough _English_? The reason is suggested by the two sorts of

tenure--Burgh Engloyes and Burgh Francoyes--which are found in different

parts of the town of Nottingham in the reign of Edward III. Borough

English was the native custom which had succeeded in holding its ground

against the effects of the Norman Conquest.

As has been said, Borough English was in vogue all around London--at

Lambeth, Vauxhall, Croydon, Streatham, Leigham Court, Shene or Richmond,

Isleworth, Sion, Ealing, Acton, and Earl's Court. In some of these

places--Fulham, Wimbledon, Battersea, Wandsworth, Barnes and

Richmond--the "yonger holding" descended not only to males but to

females; and at Lambeth (and at Kirton-in-Lindsey, in Lincolnshire)

there existed the identical arrangement which has been found at

Braunton, in Devon. This equal division between daughters Mr. Shore

regards as an "intermediate stage between Borough English and

Gavelkind." The latter is distinctively the "custom of Kent," and

signifies that the land was "partible," and inherited by the sons in

equal shares, the youngest son retaining the homestead, and making

compensation to his brethren for this addition to his share. Borough

English and gavelkind, therefore, though not the same, are near akin;

and it is an interesting question which of the two was prior to the

other. It may be that gavelkind is the older, and that Borough English

is a remnant or distortion of what appears, on the face of it, a more

equitable condition of things. On the other hand, gavelkind may have

been, so to speak, grafted on a more simple usage which the community,

through change of circumstances, had outgrown, and had ceased to possess

the same justification as at first.

Why should the youngest son take the inheritance? One explanation is

that he was presumed to be least able to provide for himself. This,

however, expresses only half the truth. The other half has, we think,

been furnished by Mr. Peacock:

"The most popular explanation in the last [eighteenth] century was the

calumny known as _mercheta mulierum_, now known as a malignant fable

popularized by novelists and playwrights. Another suggestion is that it

is a custom that has survived from some prehistoric race; a third that

it has grown up at different points...." Mr. Peacock regards the last as

the most likely. "It is only when the population becomes relatively

dense that land, apart from what it produces, is of any value. A time,

however, would soon be reached when land would have a value of its own.

The good soil would soon be taken up, and in the days of a primitive

mode of culture third-rate land would be valueless. Then the

house-father would be forced by circumstances to make provision, ere his

death, for the sons sharing the ancestral domain between them.

"Here we have the origin of gavelkind--a form of devolution more widely

spread than even ultimo-geniture or Borough English. Gavelkind, however,

could be but a temporary provision. As the population grew, so it would

be absolutely necessary that the young men of the household should make

new settlements for themselves. This fact accounts in its measure for

the vast shifting of the population that took place when the Roman

Empire was in its protracted death-agony. The torrents of human beings

which poured in on the decaying Empire were considered by the older

historians as evidence of nomadic barbarism. We, with our present

lights, say rather that they indicate a population too dense for their

own homes to support.

"It would be a matter of course that the elder sons should go forth and

carve out for themselves new homes in the West; but when the swarm

departed, all the sons would not go forth from the shelter of the native

roof-tree. One at least, commonly the youngest, would stay behind. On

him would devolve the duty of looking after the old folk and his

unmarried sisters. On him would devolve in due time the duties of the

sacrifices connected with the sacred hearth; and when the father died to

him would devolve the paternal dwelling, with its ploughland, its

meadow, and its rights of wood and water. Here is, we believe, the key

to the origin of Borough English."

THE OPEN FIELD

We now pass to the methods of cultivation observed in the open

field--the conditions of early agriculture. There is reason to believe

that at the time of the English settlement extensive tillage must have

existed, at any rate to some degree; but this was soon superseded by

intensive culture. Certain fields, that is to say, were allocated for

the raising of particular crops, the limits being marked by large balks

or banks. Beside these arable fields there was a tract of meadow land,

from which the cattle would have been excluded during the time necessary

for the growth and carrying of hay. After harvesting operations had been

completed, and all through the winter, the cattle were allowed to range

at will among the stubble of the arable fields, and over the meadow

land, as also over the waste, which was more properly their domain.

As it was impossible to raise crops year after year from the same fields

without gravely impoverishing the soil, this system was exchanged in

some places for another--that of cropping one or two fields and allowing

the other to lie fallow. This modification was not always judged

requisite to prevent the exhaustion or deterioration of the land; and

thus there arose a third--what is termed the "three-field" system, by

which out of three arable fields two were under cultivation at the same

time, one lying fallow. The third plan was that which ultimately met

with most favour. In the early autumn the field that had lain fallow

through the summer was ploughed and sown with wheat, rye, or other corn;

and in the spring the stubble of the field that had yielded the last

crop of wheat was ploughed up, and barley or oats sown in it. The third

field, in which the previous crop had been barley, retained the stubble

till the early days of June. It was then ploughed up and left in that

condition until a fresh crop was sown in the autumn. Professor

Cunningham, whose account we here follow, has furnished a convenient

chart or diagram which we venture to reproduce as an aid to the

comprehension of the subject:

I. II. III.

Wheat (or rye) Stubble of Stubble of

+------------------+--------------+--------------+

_Jan_ | sown | wheat | barley (or |

| | | oats) |

| | Sow | |

|------------------+--------------| |

_March_ | | barley | |

| | | Plough and |

| | |--------------+

_June_ | | | leave fallow |

|------------------+--------------| |

| | Reap | |

_August_ | | | |

| | | Plough and |

| | |--------------+

_October_ | | | sow wheat |

| Wheat | Barley | |

+------------------+--------------+--------------+

stubble stubble

This chart represents one year's labours. In the following year the

first field would take the place of the second, the second that of the

third, and the third that of the first. The process would be repeated in

the third year, and in this way the rotation would continue to be

maintained. There were districts in which the three-field ousted the

two-field system; and others in which neither entirely displaced the

other. Both eventually gave way to the more modern method of four-course

husbandry. The three-field style of agriculture may date back to the

remote reign of King Ine, when, it seems certain, open-field cultivation

in some form was the rule. This being the case, it was necessary that

the fields in which corn and grass were growing should be fenced off for

the time being; and one of King Ine's laws has reference to the

recognition or neglect of this neighbourly duty:

"If churls have a common meadow or other partible land[15] to fence, and

some have fenced their part, and some have not, and (cattle stray in

and) eat up their common corn or grass; let those go who own the gap and

compensate to the others who have fenced their part the damage which

there may be done, and let them demand such justice on the cattle, as it

may be right. But if there be a beast which breaks hedges, and goes in

everywhere, and he who owns it cannot restrain it, let him who finds it

in his field take it and slay it, and let the owner take its skin and

flesh, and forfeit the rest."

The picture this law presents is that of fields divided by temporary

fences, in which, if the three-field system were in use, two would be

under cultivation and the third fallow. One great field of thirty acres

would have sixty distinct strips, with a narrow margin of turf serving

in each case as the line of demarcation. To each servile holding in the

Confessor's time the landlord assigned a pair of oxen with which to work

it; and these may have been combined into a powerful team of eight or

twelve, similar to manorial teams, though plough-teams varying in

numerical strength are recorded, and the efficiency of some of them may

well be doubted.

If there were oxen, it is clear that provision must have been made for

their support; and this consisted in the hay from the meadow, in the

pasture of the common waste, and that of the fallow field and the other

fields in the interval between harvest and seed-time. The question

whether the tillers were bond or free probably made no difference to the

way in which agricultural operations were conducted.

The collapse of this system may be attributed to the scarcity of labour

brought about especially by the Black Death. When men could not be had

in sufficient number, the necessary consequences was the expansion of

pasture and the contraction of tillage; and this dual process was

assisted by the stampede of labourers to the towns and the policy of

enclosure to which landowners resorted as a remedy. Deprived of their

quit-rents, and not having resources for the payment of wages on an

adequate scale, supposing that labour was obtainable on reasonable

terms, the landholders fell back upon the only expedients that remained

to them. They had land, and they had stock; and, as an escape from

absolute ruin, they let the land to tenants who took over the stock and,

probably, as the need arose, replaced it with their own beasts. This

revolution, already in full swing in the fourteenth century, paved the

way for the present order of things, under which the tenant pays a fixed

rent for the use of land and buildings, and finds the capital for

farming.

THE WASTE

We have next to deal with the waste. The meaning of the term is

clear--it signifies land which, from the poverty of the soil or other

reasons, had never been brought under cultivation. The commons that

still survive are mostly of that description, the more valuable land

having been resumed during one of the successive periods of enclosure,

or--piecemeal.

Originally, there is little doubt, such land belonged to the family or

sept, by whom it was used as forest for game or as pasturage for cattle.

Unlike the arable field or the common meadow, it was not distributed

into sets, but enjoyed in common by all who possessed the right of

stocking it. In a genial article in the "Antiquary" describing how the

world wagged in his parish of Blewbury, Berks, in the eighteenth

century, the Rev. N. L. Whitchurch observes: "There were 'cow commons'

on the downs in those days, and a road from the village is still called

the 'cow way.' In the early morning a man would collect the various cows

of the village, which he drove to pasture for the day. The ancient bell

which he rang at the foot of the 'cow road' is still preserved in the

village."

In Saxon times the purchase of stock by an individual was a matter of

general concern to the community in which he lived. By a law of King

Edgar, if a man in the course of a journey bought cattle, he was

required on his return to turn them out into the common pasture, "with

the witness of the township." If he omitted to do so within five nights,

the townsmen were to acquaint the hundred elder, and the cattle were

forfeited, the lord receiving one-half and the hundred the other. If the

townsmen failed in their duty, their herdsman was subjected to a

flogging. For the purchase of cattle the witness of the township was not

enough. Twelve standing witnesses were appointed for every hundred, and

the buyer had to make it his business to seek out two or three of them

so as to secure their presence at the transaction.

Whatever the primitive constitution of society may have been, in

historical times three parties possessed an interest in the waste.

Blackstone defines common as "a profit which a man hath in the land of

another, as to feed his beasts, to catch fish, to dig turf, to cut

wood, and the like." In theory, the waste belonged to the King, who

vested portions of it in individual lords or religious houses, and they

thus became recognized owners of the soil. In case of outlawry or

attainder, the waste reverted to the Crown, which, according to custom,

held possession of it for a year and a day. Thirdly, the _use_ of the

soil, for various specified purposes, resided in the inhabitants of

certain townships or hundreds, was appendant to certain tenements, or

was reserved as easement on the sale of the land.

Some very interesting questions, arising out of this joint occupancy,

were raised in the courts at the close of the thirteenth

century--notably the right of search for the object of ascertaining

whether there were on the common more animals than any of the parties

was entitled to place there, and, if so, of impounding them. Was this

right appurtenant to the manor, or was it also appendant to a frank

tenement in a particular vill? In one case where the lord had depastured

an excess of beasts, the court decided against him, and in favour of a

commoner whom he accused of "tortiously" taking his cattle. But,

notwithstanding this judgment, there is some uncertainty on the point,

as appears from the report of an action tried in the Middlesex Iter of

1294.

"Robert Fitznel brought the Replegiare against Richard, the son of John,

saying that he had tortiously taken his beasts in the wood of the Abbat

of Horwede, formerly the forest of King Henry, by whom it was given as a

chace to N., ancestor of Richard."

"_Warwick_: 'Sir, we offer to aver that Robert and all those who have

held the land in N., which he holds have been seised for all time, &c,

of the common in the wood where his taking was made as appurtenant to

their frank tenement....'

"_Gosefield_ imparted, and returned and said: 'Sir, we will tell you the

truth of this matter; and we tell you that the place where the taking

was made was King Henry's forest; and Henry granted what was the forest

to our ancestor by way of chace; and that in that chace, according to

the custom of the chace, no person could put to common more beasts than

could be fed or wintered on the produce of the land which he held in the

same chace; and because Robert brought his beasts from his lands which

he held elsewhere, which beasts could not be fed or wintered on the land

which he held within the chace, contrary to the usage and custom of the

said chace, he (Richard) took them, &c....'

"_Warwick_: 'Sir, first of all they avowed the taking, and said that we

ought not to have any kind of common; and now they have admitted our

right of common partially, viz. as to beasts which can be wintered ...'

"_Gosefield_: 'The assise of forest is notorious and well-known to all,

viz., that no man can have therein more beasts to common than can be fed

off the said land.'

"_Warwick_ (he spoke then for the King): 'Richard, do you claim to have

assise of forest?'

"_Gosefield_: 'Nay, sir. But King Henry granted and gave it to us to

hold as a chace in the same manner as he held it while it was a royal

forest; and we have three swain-motes yearly for searching and inquiring

whether anyone puts more beasts therein than he ought to put; and,

inasmuch as King Henry granted it to us to hold like as he held it, it

seems to us that there is no need to take the Inquest.'

"_Hertford_ [the judge]: 'Do you accept the averment or not?'

"_Gosefield_ (being obliged to accept the averment) said: 'Sir, they

were never seised of common for more beasts than could be wintered and

fed and supported on the growth of the said land.'"

There is appended to this report a note which lays down the law in a

different sense from that before stated. It is as follows:

"It is not sufficient for anyone who avows distress to say that he

avows the taking, &c., for that he found the beasts in his chace of such

a place, or in the common of such a place, where he had no right of

common; for it may be that neither party had a right of common; and thus

it is not sufficient but he must say that he found them in his several

pasture, or must say some other thing that touches himself and gives him

a right to impound what he found. For no man can avow a distress in a

common pasture save the lord of the soil of the common pasture. For if

any of the commoners were to make avowry for beasts taken in the common

pasture it would then follow that if the Inquest were to pass against

the plaintiff, he who avowed the taking in the common pasture would have

the return of the beasts and the amends, and not the lord of the

pasture, and that would be improper. But this does not hold good where

the King is the lord of the common pasture, and several persons holding

of him in socage have common, because in that case anyone having common

may avow a good distress. The reason is because the King will not be a

party in such case or distrein anyone."

In mediæval country life, then, commons might be either manorial or

forestal. Bishop Stubbs in his "Constitutional History" affirms that

"neither the hundreds of England nor the shires appear ever to have had

common lands." As regards hundreds, on the enclosure of a common,

allotments were made to several townships of Knaresborough, and Stubbs

himself allows that "it seems a fair instance of common lands of a

hundred." Similarly, there is in the hundred of Coleness in Suffolk a

pasture common to all the inhabitants. But in each instance we have

probably to distinguish between use and ownership; and the same

distinction applies to counties, otherwise the case of the Devonshire

Commons might seem to refute the dictum.

The Devonshire Commons are not to be confused with the Forest of

Dartmoor. They constitute rather the purlieus, and, in general, afford

better pasturage than the forest itself. Neither are they identical

with the commons of the separate vills--the manorial or parochial

commons. The whole of the inhabitants of the county may be regarded as

possessing an interest in the Devonshire Commons, with the exception of

the people of Barnstaple and Totnes, the reason being that those

districts not having been afforested with the rest of the county, the

residents acquired no new privileges when Devonshire was disafforested.

The other inhabitants retained whatever rights they had previously

enjoyed not only in respect of the Devonshire Commons, but of the Forest

of Dartmoor, of which, at some early period--before the era of

perambulations, in which they were not included--those commons had no

doubt formed part. One effect of the wide extent of the right of common

was that the rule of _levant and couchant_ did not obtain here.

Naturally, when all Devonshire men were entitled to the use of the land,

it was impossible to fix a limit to the number of the beasts that might

be turned out throughout the length and breadth of the county.

Mention was made above of royal forests as occupying, in some respects,

a different position from other lands in which a right of common was

exercised. Dartmoor, although the property of the Prince of Wales as

Duke of Cornwall, may be taken as, to all intents and purposes,

answering to that description; and thus peculiar interest attaches to

the usages which prevailed, and still prevail, within its bounds.

The question of "Venville Rights on Dartmoor" is one that engaged the

attention of a very capable writer as well as an accomplished antiquary,

the late Mr. W. F. Collier; and although the subject has been handled by

other investigators, it is from him that we have derived the bulk of our

information on this very remarkable aspect of commonage. First, as to

the name. "Venville" is a provincial corruption of _fines villarum_,

each vill paying a larger or smaller sum for the right of pasturage; and

certain parishes or manors on the outskirts of the forest were said to

be "in venville." "The perambulation [of 1224]," says Mr. Birkett,

"establishes three important facts: viz., that the moor was originally

part of a royal forest; that the Commons of Devon, and surrounding

parishes were once part of the forest; and that the moor is not waste of

a manor." The townships were grouped into four bailiwicks--North, South,

East, and West; and the fines payable compose too long a list to be

given entire. The following, however, are specimens: The township of

Trulegh (Throwleigh), 2_s._ 6_d._; the parish of South Tawton, 7_s._

4 1/2_d._; the township of Sele (South Zeal), 6 1/2_d._; the hamlet of

Lowyngton, in the parish of Meavy, 2_d._; the township of Gadamewe

(Godameavy), in the same parish, 2_d._; the township of Chagford,

12_d._; the hamlet of Teigncombeham, with [within?] the parish of

Chagford, 4_s._ This was in 1506-7. In return for these payments the

commoners have certain "venville" rights, which extend over the forest

proper and the Devonshire Commons, and include the taking of stone and

sand for their own use. But the most valued is that of agistment or

pasturage, especially of ponies. The Duchy, on its part, claims and

exercises the right of "drift"--a picturesque survival on which we may

well bestow some regard.

The division of the forest into four quarters still continues, each

being in charge of a moorman; and over these wide tracts and the

adjacent Commons sheep, bullocks, and ponies are turned out by the

tenants to graze at will. In the autumn the animals are driven to a

traditional spot, in order that they may be claimed by their owners.

There is a bullock drift, and a pony drift, of which the former is the

earlier; and each quarter has its own drift days, which are usually

different. In any case, no notice is given, but about two o'clock in the

morning the moorman is apprised by a messenger that he must "drive" his

quarter for bullocks or ponies. Thereupon, according to the regular

procedure, he ascends the tors and blows his horn as an intimation to

the tenants to assist in the drift. In the western quarter there was

formerly a stone, through a hole in which it was the custom to blow the

horn, but this stone now graces a wall in a hedge.

The drift to Merrivale Bridge is accomplished by men on horseback and

men on foot, and dogs, to the accompaniment of horns and halloos; and

when all the animals have been gathered, an official of the Duchy takes

his stand on an ancient stone and reads a proclamation, which done the

owners are summoned to claim, let us say, their ponies. The venville

tenants identify their beasts, making no payment; but other persons--and

in no case, apparently, is the right of pasturage disputed, nearly the

whole of Devonshire having been forest--have to render a fine for each

animal. They have also to meet a trivial charge for night rest, which is

supposed to have arisen from an old custom that debarred anyone from

remaining on the forest by night, with the consequent temptation to

deer-poaching. An unclaimed animal is driven to Dunnebridge Pound and

there kept for some weeks, at the expiration of which, if he is still

unclaimed, or if the owner refuses to pay for poundage, etc., he is sold

for the benefit of the Duchy.

Each quarter of the moor has its peculiar earmark for ponies, consisting

of a round hole at the base or the tip on the near or off ear, through

which a piece of string is tied, there being thus four distinct marks.

Some of these ancient usages have fallen into desuetude. The last

occasion on which the horn was sounded was in 1843; and the four

quarters are now let to as many "moormen," who endeavour to make as much

profit as possible out of them. To this day, however, neither on

Dartmoor nor on the Devonshire Commons, is any man denied pasturage for

his ponies or cattle.

BONDMEN

From vills we may naturally turn to those who in ancient days--the word

has another meaning now--were named after them _villeins_. More than once

in the course of this work we have had occasion to refer to the

existence of an unfree class in England, on which prouder and more

happily circumstanced persons looked with considerable disdain, and

therefore our account would fail of a necessary element of completeness

if it omitted to deal, in some measure, with this striking phenomenon of

mediæval English life. The subject is too wide and complex to be

discussed with any approach to thoroughness, but some aspects of it may

be introduced, and indeed _must be_ introduced, being, as we have said,

complementary to statements of social relationships already set down.

The position of those who rested under the stigma of servitude is

brought home to us pretty forcibly by a report of proceedings in the

Middlesex Iter of 1294:

"One A. brought a writ of imprisonment against B.

"_Heilham_ (for B.): 'He ought not to be answered, for he is our

villein.'

"_A._: 'A free man and of free condition, ready, etc.'

"_Heilham_ said as before.

"_Metingham_ [the judge]: 'He cannot give a higher answer in a writ of

Neifty.'

"_Heilham_: 'We will tell you the truth; his father was our villein, and

held of us in villeinage land in the vill mentioned in his count, and

where he was taken; and he begot this A., and also one B., his brother,

of whom we are now seised, as of our villein; and this A. went out of

the limits of the villeinage, and afterwards returned, and we found him

at his hearth in his own nest, and we took him as our villein, as every

lord may well do; and we pray judgment.'

"_Metingham_: 'If my villein beget a child on my land which is in

villeinage, and the child so begotten go out of the limits of my land,

and six or seven or more years after return to the same land, and I

find him in his own nest and at his own hearth, I can take him and tax

him as my villein for the reason that his return brings him to the same

condition as he was when he went.'

"_Heilham_: 'He fell into the pit which he hath digged.'"

We must beware of attributing this doctrine of Neifty to the Norman

Conquest, which merely supplied names; in definiteness and cruelty

nothing could exceed the practice of serfage under the Saxons. "The

slave," says Green, "became part of the live stock of the estate, to be

willed away at death with the horse or the ass, whose pedigree was kept

as carefully as his own. His children were bondmen, like himself; even

the freeman's children by a slave-mother inherited the mother's taint.

'Mine is the calf that is born of my cow,' ran the English proverb." In

the same passage he points out that the number of the serfs was being

continually augmented from various concurrent causes--war, crime, debt,

and poverty all assisting to drive men into a condition of perpetual

bondage.[16] Degradation of freemen into serfs remained a disagreeable

possibility as long as the system endured.

The agricultural population actually consisted of three elements. First

there was the lord; secondly, his free tenants; and thirdly, the

villeins or serfs. The main difference between the two latter classes

was that the free tenants had proprietary rights in their holdings and

chattels. They could buy, sell, or exchange without the lord's

intervention; and, in the event of a dispute, they could sue him or

anyone in the courts. Nevertheless, they stood in some degree of

subjection to the lord, since the geld due to the State was paid through

the lord as responsible to the sheriff for all who held land within the

manor.

Another very important distinction between the free tenants and the

villeins was the payment of _merchet_ on the marriage of daughters,

which signified that the offspring of such marriages would be the lawful

property of the lord. From this payment, and all that it implied, the

free tenants were exempt.

Predial services, on the other hand, might be rendered as well by free

tenants as by villeins. This is shown by an entry in Domesday:

"De hac terra [Longedune] tempore Regis Edwardi tenebant ix liberi

homines xviii hidas et secabant uno die in pratis domini sui et

faciebant servitium sicut eis precipiebatur."

Much would depend on the capital possessed by the free tenant, who might

elect to make good any deficiency by corporal labour. The villein had no

capital, and was simply an instrument, like the cattle of which he had

charge, in the working of the estate. He was bound to the soil with

which all his interests were linked; and he was regarded in the light of

an investment, in which the lord had a perpetual stake. It was the lord

who furnished him with the means of gaining a livelihood, and, in return

for this accommodation, the lord demanded from him, and his children

after him, lifelong service.

From the "Rectitudines Singularum Personarum," an eleventh-century

document, we learn that the _cotsetle_, for his holding of about five

acres, was required to labour for his lord on one day a week all through

the year,[17] and this was known as _week-work_. He had also to give

what was called _boon-work_--namely, three days a week in harvest.

Another type of unfree tenant was the _gebur_, who held a yardland of

some thirty or forty acres, which, upon his entrance, was stocked with

two oxen, one cow, six sheep, tools and household utensils. His

week-work amounted to two or three days a week, as the season required;

in winter, he had "to lie at his lord's fold," when bidden; and he had

to contribute his quota of boon-work. Certain payments also had to be

made.

The first attempt to regulate wages was made in the statute of 12

Richard II., cc. 3-7, the preamble of which affirms that "the servants

and labourers will not, nor by a long season would, serve and labour

without outrageous and excessive hire, and much more hath been given to

such servants and labourers than in any time past, so that for scarcity

of the said servants and labourers the husbands and land tenants may not

pay their rents nor unnethes live upon their lands, to the great damage

and loss as well of their lords as of all the commons; also the hires of

the said servants in husbandry have not been put in certainty before

this time."

The "hires" were now defined, and this act penalized masters who paid

labourers at a higher rate than was allowed under it. The scale of wages

varied in different reigns. Here we may confine ourselves to the

provisions of the statute of 11 Henry VII., which not only determined

the maximum payments, but sanctioned reductions on legitimate grounds.

Thus regard was had to the current wages in the locality, which the

employer was under no obligation to exceed. Less was to be paid at

holiday than at other times; and if a man were lazy in the morning or

lingered over his meals, he might be mulcted at his master's discretion.

Premising that the purchasing power of a penny in the fifteenth century

was about twelve times as much as it is now, we are able to form some

idea of the economic position of the different classes which were the

subjects of this legislation. The bailiff, it appears, might have a

salary of 26_s._ 8_d._; the common servant in husbandry cost 16_s._

8_d._ and 4_s._ for clothes; and the artisan received per day 5_d._ in

the summer and 6_d._ in the winter. This brings us to the hours of

labour, which depended on the season, and were also regulated by

statute. These were from 5 a.m. till between 7 and 8 p.m. from the

middle of March to the middle of September, half an hour being allowed

for breakfast, and an hour and a half for dinner and a siesta--an

indulgence countenanced from May to August. During the winter, the rule

was that work was to be carried on whilst there was daylight.

Mention has been made of holidays. These, though inevitable, were

evidently regarded as seasons of danger, since the favourite recreations

of labourers, if left to their own devices, were poaching and politics.

Against these twin evils the King's counsellors took precautions in an

act (13 Rich. II., st. I., c. 13), of which the preamble ran:

"Forasmuch as divers artificers, labourers, servants, and grooms,

keep greyhounds and other dogs, and on the holy days, when

Christian people be at church hearing Divine service, they go

a-hunting in parks, warrens, and coningries of lords and others to

the very great destruction of the same, and sometimes under such

colour they make their assemblies, conferences, and conspiracies

for to rise and disobey their allegiance, &c."

Hence none but laymen with 40_s._ and clerks with £10 were suffered to

keep dogs or use ferrets, nets, harepipes, cords, or other engines to

destroy deer. Instead of engaging in such perilous diversions, servants

and labourers were ordered to "have bows and arrows and to use the same

on Sundays and holy days, and leave all playing at tennis or football

and other games called quoits, dice, casting of the stone, kailes

(skittles) and other importune games." Swords and daggers were

prohibited "but in time of war for the defence of the realm of

England"--a wise measure when the country was infested with vagrants and

there were so many liveried retainers prompt to resent a real or

imaginary affront.

DOMESTIC

The Customs of Old England · 第 18 / 19 章