An examination of the surveys will show at once that the free and the servile holdings differ very materially as to services, quite apart from their contrast, in point of legal protection and of casual exactions such as marriage fines, heriots, and the like. The difference may be either in the kind of duties or in their quantity. Both may be traced in the records. If we take first the diversities in point of quality we shall notice that on many occasions the free tenants are subjected to an imposition on the same occasion as the unfree, but their mode of acquitting themselves of it is slightly different -- they have, for instance, to bring eggs when the villains bring hens. The object cannot be to make the burden lighter; it amounts to much the same, and so the aim must have been to keep up the distinctions between the two classes. It is very common to require the free tenants to act as overseers of work to be performed by the rest of the peasantry. They have to go about or ride about with rods and to keep the villains in order. Such an obligation is especially frequent on the boon-days (precariae), when almost all the population of the village is driven to work on the field of the lord. Sometimes free householders, who have dependent people resident under them, are liberated from certain payments; and it may be conjectured that the reason is to be found in the fact that they have to superintend work performed by their labourers or inferior tenants.(104*) All such points are of small importance, however, when compared with the general opposition of which I have been speaking several times. The free and the servile holdings are chiefly distinguished by the fact that the first pay rent and the last perform labour.
Whenever we come to examine closely the reason underlying the cases when the classification into servile and free is adopted, we find that it generally resolves itself into a contrast between those who have to serve, in the original sense of the term, and those who are exempted from actual labour-service. Being dependent nevertheless, these last have to pay rent. I need not repeat that I am speaking of main distinctions and not of the various details bound up with them. In order to understand thoroughly the nature of such diversities, let us take up a very elaborate description of duties to be performed by the peasants in the manor of Wye, Kent, belonging to the Abbey of Battle.(105*) Of the sixty-one yokes it contains thirty are servile, twenty-nine are free, and two occupy an inter mediate position. The duties of the two chief classes of tenants differ in many respects. The servile people have to pay rent and so have the free, but while the first contribute to make up a general payment of six pounds, each yoke being assessed at seven shillings and five-pence, the free people have to pay as much as twenty-three shillings and seven-pence per yoke. Both sets have to perform ploughings, reapings, and carriage duties, but the burden of the servile portion is so much greater in regard to the carriage-work, that the corresponding yokes sometimes get their very name from it, they are juga averagiantia, while the free households are merely bound to help a few times during the summer. Every servile holding has a certain number of acres of wood assigned to it, or else corresponding rights in the common wood, while the free tenants have to settle separately with the lord of the manor. And lastly, the relief for every unfree yoke is fixed at forty pence, and for every free one is equal to the annual rent. This comparison of duties shows that the peasants called free were by no means subjected to very light burdens: in fact it looks almost as if they were more heavily taxed than the rest. Still they were exempted from the most unpopular and inconvenient labour services.
Altogether, the study of rural work and rents leads to the same conclusion as the analysis of the legal characteristics of villainage. The period from the Conquest onwards may be divided into two stages. In later times, that is from the close of the thirteenth century downwards, the division between the two great classes of tenants and tenements, a contrast strictly legal, is regulated by the material test of the certainty or uncertainty of the service due, and the formal test of the mode of conveyance.
