12. The ploughman is not to pay for the oxen, unless they be bruised by him; and if he bruise either one or the whole, let him pay, or exonerate himself. The ploughman is to assist the driver in yoking the oxen; but he is to loosen only the two short-yoked. 13. After the co-tillage shall be completed, every one is to take his requisites with him home. * * * * * 16. If there should be a dispute about bad tillage between two co-tillers, let the erw of the ploughman be examined as to the depth, length, and breadth of the furrow, and let every one's be completed alike. * * * * * 28. Whoever shall own the irons is to keep them in order, that the ploughman and driver be not impeded; and they are to have no assistance. The driver is to furnish the bows of the yokes with wythes; and, if it be a long team, the small rings, and pegs of the bows. See also _Gwentian Code_, p. 354; and the _Leges Wallice_, p. 801. [150] _Ancient Laws, &c._, p. 150, _Venedotian Code_. The worth of 'winter tilth of a _cyvar_ two legal pence;' and so p. 286, _Dimetian Code_. P. 153. 'The plough erw, which is called the ploughbot cyvar.' P. 354, _Gwentian Code_. 'The worth of one day's ploughing is two legal pence.' [151] _Ancient Laws, &c._, p. 134. [152] See Du Cange under '_Diurnalis_,' who quotes a passage of A.D. 704. [p126] CHAPTER V. _MANORS AND SERFDOM UNDER SAXON RULE._ I. THE SAXON 'HAMS' AND 'TUNS' WERE MANORS WITH VILLAGE COMMUNITIES IN SERFDOM UPON THEM. «The _hams_ and _tuns_ were manors.» Having now ascertained that the open field system was prevalent during Saxon, and probably pre-Saxon times, we have next to inquire whether the 'hams' and 'tuns' to which the common fields belonged were manors--_i.e._ estates with a village community in serfdom upon them--or whether, on the contrary, there once dwelt within them a free village community holding their yard-lands by freehold or allodial tenure. Let us at once dismiss from the question the word 'manor.' It was the _name_ generally used in the Domesday Survey, for a _thing_ described in the Survey as already existing at the time of Edward the Confessor. The estate called a manor was certainly as much a Saxon institution under the Confessor as it was a _Norman_ one afterwards. The Domesday book itself does not always adhere to this single word '_manor_' throughout its pages. [p127] The word _manerium_ gives place in the Exeter Survey to the word _villa_ for the whole manor, and _mansio_ for the manor-house; and the same words, _villa_ and _mansio_, are also used in the instructions[153] given at the commencement of the _Inquisitio Eliensis_. It is perfectly clear, then, that what was called a _manor_ or _villa_, both in the west and in the east of England, was in fact the estate of a lord with a village community in villenage upon it. In the Boldon Book also the word _villa_ is used instead of manor.