The History of English Law Before the Time of Edward I
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For a discussion of the derivation of the word merchet see T. B. 15 Edw. III., ed. Pike, Introduction, pp. xv-xliii.
374 Tenure. [bk. II.
other tests Other tests are at times suggested. The duty of serving as [p. 356J ten^T the lord's reeve whenever the lord pleases, the liability to be tallaged 'high and low,' these also are treated as implying personal bondage 1 . If the tenement descends to the youngest son instead of to the eldest son or to all the sons, the inference is sometimes drawn tha...t it is not free. On the whole, however, our books constantly bring us back to the ' uncertainty' of the service as the best criterion of villein tenure. Certainty and uncertainty, however, are, as we have seen, matters of degree.
In few, if any, cases is there no custom setting bounds to the tenant's duty of working for his lord; in most cases many bounds are set ; the number of days in every week which he must spend on the demesne is ascertained ; often the amount of any given kind of labour that will pass for a day's work is determined ; but yet there is much uncertainty, for the tenant knows not in the evening whether in the morning he will be kept working in the fields or sent a long journey with a cart.
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To quickly assess the difficulty of the text, read a short excerpt:
For a discussion of the derivation of the word merchet see T. B. 15 Edw. III., ed. Pike, Introduction, pp. xv-xliii.
374 Tenure. [bk. II.
other tests Other tests are at times suggested. The duty of serving as [p. 356J ten^T the lord's reeve whenever the lord pleases, the liability to be tallaged 'high and low,' these also are treated as implying personal bondage 1 . If the tenement descends to the youngest son instead of to the eldest son or to all the sons, the inference is sometimes drawn tha...t it is not free. On the whole, however, our books constantly bring us back to the ' uncertainty' of the service as the best criterion of villein tenure. Certainty and uncertainty, however, are, as we have seen, matters of degree.
In few, if any, cases is there no custom setting bounds to the tenant's duty of working for his lord; in most cases many bounds are set ; the number of days in every week which he must spend on the demesne is ascertained ; often the amount of any given kind of labour that will pass for a day's work is determined ; but yet there is much uncertainty, for the tenant knows not in the evening whether in the morning he will be kept working in the fields or sent a long journey with a cart.
What to read after The History of English Law Before the Time of Edward I?
You can find similar books in the "Read Also" column, or choose other free books by Pollock, Frederick, Sir, 1845-1937 to read onlineMoreLess
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