vill3-第3章
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nd it was found that there were eight hides of villain land。 Of these eight hides one…fourth was taken; and it was reckoned that this fourth was an equivalent to the one…third of the park and of the demesne farm; which ought by right to have gone to the lord de la Lege。 On the basis of this estimation an exchange was effected。 In the time of the war (perhaps the rebellion of 1173) the eight hides and other hides in Segheho were encroached upon and appropriated unrighteously by many; and for this reason a general revision of the holdings was undertaken before Walter de Wahull and Hugh de la Lege in full court by six old men; it was made out to which of the hides the several acres belonged。 At that time; when all the tenants in Segheho (knights; freeholders; and others) did not know exactly about the land of the village and the tenements; and when each man was contending that his neighbours held unrighteously and more than they ought; all the people decided by common agreement and in the presence of the lords de Wahull and de la Lege; that everybody should surrender his land to be measured anew with the rood by the old men as if the ground had been occupied afresh: every one had to receive his due part on consideration of his rights。 At that time R。F。 admitted that he and his predecessors had held the area near the castle unrighteously。 The men in charge of the distribution divided that area into sixteen strips (buttos); and these were divided as follows: there are eight hides of villain land in Segheho and to each two strips were apportioned。 The narrative is curious in many respects。 it illustrates beautifully the extent to which the intermixture of plots was carried; and the inconveniences consequent upon it。 Although the land had been measured and divided at the time when the lord de Wahull took the land; everything got into confusion at the time of the civil war; and the disputes originated not in violence from abroad but in encroachments of the village people among themselves: the owners of conterminous strips were constantly quarrelling。 A new division became necessary; and it took place under circumstances of great solemnity; as a result of an agreement effected at a great meeting of the tenantry before both lords。 The new distribution may stand for all purposes in lieu of the original parcelling of the land on fresh occupation。 The mode of treating one of the areas shows that the intermixture of the strips was a direct consequence of the attempt to equalise the portions。 instead of putting the whole of this area into one lot; the old men divide it into strips and assign to every great holding; to every hide; two strips of this area。 Many inconveniences follow for some of the owners; e。g。 for the church which; it is complained; cannot put its plot to any use on account of its lying far away; and in intermixture with other people's land。 But the guiding principle of equal apportionment has found a suitable expression。 We may turn now from the analysis of this case to general considerations。 The important point in the instance quoted was; that the assignment of scattered strips to every holding depended on the wish to equalise the shares of the tenants。 I think it may be shown that the treatment adopted in Segheho was the most natural; and therefore the most widely…spread one。 To begin with; what other form of allotment appears more natural in a crude state of society? To employ a simile which I have used already; the territory of the township is not like a homogeneous sheet of paper out of which you may cut lots of every desirable shape and size: the tilth will present all kinds of accidental features; according to the elevation of the ground; the direction of the watercourses and ways; the quality of the soil; the situation of dwellings; the disposition of wood and pasture…ground; etc。 The whole must needs be dismembered into component parts; into smaller areas or furlongs; each stretching over land of one and the same condition; and separated from land of different quality and situation。 Over the irregular squares of this rough chess…board a more or less entangled network of rights and interests must be extended。 There seem to be only two ways of doing it: if you want the holding to lie in one compact patch you will have to make a very complicated reckoning of all the many circumstances which influence husbandry; will have to find some numerical expression for fertility; accessibility; and the like; or else you may simply give every householder a share in every one of the component areas; and subject him in this way to all the advantages and drawbacks which bear upon his neighbours。 If the ground cannot be made to fit the system of allotment; the system must conform itself to the ground。 There can be no question that the second way of escaping from the difficulty is much the easier one; and very suitable to the practice of communities in an early stage of development。 This second way leads necessarily to a scattering and an intermixture of strips。 The explanation is wide enough to meet the requirements of cases placed in entirely different local surroundings and historical connexions; the tendency towards an equalising of the shares of the tenantry is equally noticeable in England and in Russia; in the far west and in the far east of Europe。 In Russia we need not even go into history to find it operating in the way described; the practice is alive even now。 This intermixture of strips in the open fields is also characteristic in another way: it manifests the working of a principle which became obliterated in the course of history; but had to play a very important part originally。 It was a system primarily intended for the purpose of equalising shares; and it considered every man's rights and property as interwoven with other people's rights and property: it was therefore a system particularly adapted to bring home the superior right of the community as a whole; and the inferior; derivative character of individual rights。 The most complete inference from such a general conception would be to treat individual occupation of the land as a shifting ownership; to redistribute the land among the members of the community from time to time; according to some system of lot or rotation。 The western village community does not go so far; as a rule; in regard to the arable; at least in the time to which our records belong。 But even in the west; and particularly in England; traces of shifting ownership; 'shifting severalty;' may be found as scattered survivals of a condition which; if not general; was certainly much more widely spread in earlier times。(22*) The arable is sometimes treated as meadows constantly are: every householder's lot is only an 'ideal' one; and may be assigned one year in one place; and next year in another。 The stubborn existence of intermixed ownership; even as described by feudal and later records; is in itself a strong testimony to the communal character of early property。 The strips of the several holders were not divided by hedges or inclosures; and a good part of the time; after harvest and before seed; individual rights retreated before common use; every individualising treatment of the soil was excluded by the compulsory rotation of crops and the fact that every share consisted of a number of narrow strips wedged in among other people's shares。 The husbandry could not be very energetic and lucrative under such pressure; and a powerful consideration which kept the system working; against convenience and interest; was its equalising and as it were communal tendency。 I lay stress on the fact: if the open…field system with its intermixture had been merely a reflection of the original allotment; it would have certainly lost its regularity very soon。 People could not be blind to its drawbacks from the point of view of individual farming; and if the single strips had become private property as soon as they ceased to be shifting; exchanges; if not sales; would have greatly destroyed the inconvenient network。 The lord had no interest to prevent such exchanges; which could manifestly lead to an improvement of husbandry;。 and in regard to his own strips; he must have perceived soon enough that it would be bette