vill3-第5章
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een the number of acres under actual tillage and the number of acres comprised in the holding： perhaps the first reckoning leaves out the fallow。 This explanation has been tried by Mr O。 Pell； the present owner of one of the Ely manors he started it in connexion with an etymology which brought together 'ware' and 'warectum'： on this assumption twelve acres appeared instead of twenty…four； because the fallow of the two…field system was left out of the reckoning。 But this reading of the evidence does not seem satisfactory。 It is one…sided at the least。 Why should the holding from which the 'warectum' has been left out get its name from the 'warectum'？ How is one to explain either from the two…field or from the three…field system the case when eighteen 'acre ware' correspond to twenty…four common acres； or the even more perplexing case when eighteen acres of 'ware' go to the full land and twelve to half…a…full land？（39*） In fact； this last instance does not admit of any explanation from natural conditions； because in the natural course of things twelve will never come to be one…half of eighteen。 Thus we are driven to assume that the 'ware' reckoning is an artificial one： as such it could； of course； treat the half…holdings in a different way from the full holdings。 Now the only possible basis for an artificial distribution seems to be the assessment of rents and labour。 Starting from this assumption we shall have to say that the virgate 'de wara' represents a unit of assessment in which twelve really existing acres have been left out of the reckoning。 The assessment stretches only over half the area occupied by the real holding。 The conclusion we have come to is corroborated by the meaning of the word 'wara。' The etymological connexion with warectum is not sound； the meaning may be best brought out by a comparison with those instances where the word is used without a direct reference to the number of acres。 We often find the expression 'ad inwaram' in Domesday； and it corresponds to the plain 'ad gildam Regis'。 If a manor is said to contain seven hides ad inwaram； it is meant that it pays to the king for seven hides； although there may have been more than seven ploughteams and ploughlands。 Another expression of like import is； 'pro sextem hidis se defendit erga Regem。' The Burton Cartulary； the earliest survey after Domesday； employed the word 'wara' in the same sense。（40*） It is not difficult to draw the inference from the above…mentioned facts： the etymological connexion for 'wara' is to be sought in the German word for defence 'wehre。' The manor defends itself or answers to the king for seven hides。 The expression could get other special significations besides the one discussed： we find it for the poll…tax； by which a freeman defends himself in regard to the state；（41*） and for the weir； which prevents the fish from escaping into the river。（42*） This origin and use of the term is of considerable。 importance； because it shows the artificial character of the system and its close connexion with the taxation by the State。 This is a disturbing element which ought to be taken into account by the side of the agrarian influence。 There cannot be the slightest doubt that the assessment started from actual facts； from existing agrarian conditions and divisions。 The hide； the yardland； the oxgang existed not only in the geld…rolls； but in fact and on the ground。 But in geld…rolls they appeared with a regularity they did not possess in real fact； the rolls express all modifications in the modes of farming and all exemptions； not in the shape of any qualification or lighter assessment of single plots； but by way of striking off from the number of these plots； or from the number of acres in them； the object which in modern times would be effected by the registration of a 'rateable value' differing from the 'actual value' was effected in ancient times by the registration of a 'rateable size' differing from the 'actual size'； lastly； the surveys and rolls of assessment do not keep time with the actual facts； and often reflect； by their figures and statistics； the conditions of bygone periods。 The hides of the geld or of the 'wara' tend to become constant and rigid： it is difficult for the king's officers to alter their estimates； and the people subjected to the tax try in every way to guard against novelties and encroachments。 The real agrarian hide…area is changing at the same time because the population increases； new tenements are formed； and new land is reclaimed。 We find at every step in our records that the assessment and the agrarian conditions do not coincide。 If a manor has been given to a convent in free almoign （in liberam et perpetuam eleemosynam）； that is； free from all taxes and payments to the State； there is no reason to describe it in units of assessment； and in fact such property often appears in manorial records without any 'hidation' or reckoning of knight…fees。（43*） The Ramsey Cartulary tells us that the land in Hulme was not divided into hides and virgates。（44*） There are holdings； of course； and they are equal； but they are estimated in acres。 When the hidation has been laid on the land and taxes are paid from it； the smaller subdivisions are sometimes omitted： the artificial system of taxation does not go very deep into details。 Even if most part of the land has been brought under the operation of that system； some plots are left which do not participate in the common payments； and therefore are said to be 'out of the hide'。（45*） Such being the case； there can be no wonder that one of the Ramsey manors answers to the king for ten hides； and to the abbot for eleven and a…half。（46*） It is to be noted especially； that although in a few cases a difference is made between the division for royal assessment and for the manorial impositions； in the great majority of cases no such difference exists； and the duties in regard to the king and to the lord are reckoned according to the same system of holdings。 On the manors of Ely； for instance； the 12 acreware （47*） form the basis of all the reckoning of rents and work。 And so if the royal assessment appear with the features of an artificial fiscal arrangement； the same observation has to be extended to the manorial assessment； and thus we reach by another way the same conclusion which we drew from an analysis of the single holding and of its component parts。 No doubt the whole stands in close relation to the reality of cultivation and land…holding； but the rigidity； regularity； and correctness of the system present a necessary contrast to the facts of actual life。 As the soil could not be made to fit into geometrical squares； even so the population could not remain without change from one age to the other within the same boundaries。 Thus in course of time the plough…land of 160 and 180 acres； which is the plough…land of practical farming； appears by the side of the statutory hide of 120 acres； and so again inside every single holding there comes up the contrast between its real conformation and distribution； and the outward form it assumed in regard to the king； the lord； and the steward。 The inquiry as to the relation between the holding and the population on it is； of course； of the utmost importance for a general estimate of the arrangement。 From a formal point of view the question is soon solved： on the one hand； the holding of the villain remains undivided and entire； it does not admit of partition by sale or descent； on the other； the will of the lord may alter； if necessary； the natural course of inheritance and possession； the socage tenure is often free from the first of these limitations； and always free from the second。 The indivisibility of villain tenements is chiefly conspicuous in the law of inheritance： all the land went to one of the sons if there were several； very often the youngest inherited； and this custom； to which mere chance has given the name of Borough English； was considered as one of the proofs of villainage。（48*） It is certainly a custom of great importance； and probably it depended on the fact that the elder brothers left the land at the earliest opportunity； and during their father's life。 Where did they go？ It is easy to guess that they
