reforms: he was very much in want of money, and found it more expedient to substitute a settled custom for the disorderly rule of the stewards. But he did not renounce thereby any of his manorial rights: he only regulated their application. The legal feature of base tenure -- its insecurity -- was not abolished on the Abingdon estates. Our documents sometimes go the length of explaining that particular plots are held without any sort of security against dispossession. We find such remarks in the Warwickshire Hundred Rolls for instance.(84*) Sometimes the right is actually enforced: in the Cartulary of Dunstable Priory we have the record of an exchange between two landlords, in consequence of which the peasants were removed from eight hides of land by one of the contracting parties.(85*)The villain is in no way to be considered as the owner of the plot of land he occupies; his power of disposing of it is stinted accordingly, and he is subjected to constant control from the real owner. He cannot fell timber. oaks and elms are reserved to the lord.(86*) He cannot change the cultivation of the land of his own accord; it would be out of the question, for instance, to turn a garden-close into arable without asking for a licence.(87*) He is bound to keep hedges and ditches in good order, and is generally responsible for any deterioration of his holding. When he enters into possession of it, he has to find a pledge that he will perform his duties in a satisfactory manner.(88*) There can be no thought of a person so situated alienating the land by an act of his own will; he must surrender it into the hand of the lord, and the latter grants it to the new holder after the payment of a fine. The same kind of procedure is followed when a tenement is passed to the right heir in the lifetime of the former possessor.(89*) A default in paying rents or in the performance of services, and any other transgression against the interests of the lord, may lead to forfeiture.(90*)The lord takes also tenements into his hand in the way of escheat, in the absence of heirs. Court-rolls constantly mention plots which have been resumed in this way by the lord.(91*) The homage has to report to the steward as to all changes of occupation, and as to the measures which are thought necessary to promote the interests of the landowner and of the tenantry.(92*)As to the treatment of tenure in manorial documents, it is to be noticed that a distinction which has no juridical meaning at all becomes all important in practice. At common law, as has been said repeatedly, the contrast between free land and servile land resolves itself into a contrast between precarious occupation and proprietary right. This contrast is noticed occasionally and as a matter of legal principle by manorial documents (93*) quite apart from the consequences which flow from it, and of which I have been speaking just now. But in actual life this fundamental feature is not very prominent; all stress is laid on the distinction between land held by rent and land held by labour. In the common phraseology of surveys and manorial rolls, the tenements on which the rent prevails over labour are called 'free tenements,' and those on the contrary which have to render labour services, bear the names of 'servile holdings.' This fact is certainly not to be treated lightly as a mere result of deficient classification or terminology. It is a very important one and deserves to be investigated carefully.
同类推荐
热门推荐
废后崛起:首席召唤师
她是二十一世纪的美女杀手,高智商、高情商、高能力。可转眼之间,却成了废物大小姐,蠢笨,花痴,遇人不淑。一朝苏醒,霸气重现,叱咤天地,谁与争峰?家里的母老虎敢对她耀武扬威?放出兽宠立马安静闭嘴蠢笨呆傻又怎样?她身负异能,闯天地、收萌宠,奇遇不断。相貌平庸又怎样?照样翻手为云覆手为雨,美出新高度。纵横大陆谁敢惹?敢封她为后,就该承担一切,敢觊觎她的异能,就该为她买单。权权交易,谁也不是谁的谁!可为什么她掉下山崖,他会痛不欲生?他会杀人如狂?为什么他们誓死厮杀,她会心乱如麻?妖孽王爷:贪财小王妃
一朝穿越她成了丞相府的千金白若兰,从此便开始了她的敛财一路。十四年后,一道圣旨,她被赐婚于三王爷孤独逸。传说三王爷长得奇丑无比、凶残冷酷,不喜女人靠近。当她得知被赐婚的时候,第一个想到的就是——跑!她刚翻出围墙就被人堵住了,堵住她的那个人不是别人,正是她将要嫁的那个人,带着银色面具的他就那么站在她面前,让她不知所措,最后连逃跑都忘记了……