Landholding in England by of Youghal the younger Joseph Fisher
page 21 of 123 (17%)
page 21 of 123 (17%)
|
the fifth and sixth centuries was not Teutonic or Germanic, but
SCANDINAVIAN. The lands won by the swords of all were the common property of all; they were the lands of the people, FOLC-LAND; they were distributed by lot at the FOLC-GEMOT; they were ODH-ALL lands; they were not held of any superior nor was there any service savethat imposed by the common danger. The chieftains were elected and obeyed, because they represented the entire people. Hereditary right seems to have been unknown. The essence of feudalism WAS A LIFE ESTATE, the land reverted either to the sovereign or to the people upon the death of the occupant. At a later period the monarch claimed the power of confiscating land, and of giving it away by charter or deed; and hence arose the distinction between FOLC-LAND and BOC-LAND (the land of the book or charter), a distinction somewhat similar to the FREEHOLD and COPYHOLD tenures of the present day. King Alfred the Great bequeathed "his BOC-LAND to his nearest relative; and if any of them have children it is more agreeable to me that it go to those born on the male side." He adds, "My grandfather bequeathed his land on the spear side, not on the spindle side; therefore if I have given what he acquired to any on the female side, let my kinsman make compensation." The several ranks were thus defined by Athelstane: "1st. It was whilom in the laws of the English that the people went by ranks, and these were the counsellors of the nation, of worship worthy each according to his condition--'eorl,' 'ceorl,' 'thegur,' and 'theodia.' |
|