Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
Reilly, S. A.
Law -- England -- History
There were several thousand thegns, rich and poor, who held land
directly of the King. Some thegns had soken and others did not. Free
farmers who had sought protection from thegns in time of war now took
them as their lords. A freeman could chose his lord, following him in
war and working his land in peace. All able-bodied freemen were liable
to military service in the fyrd [national militia], but not in a lord's
private wars. In return, the lord would protect him against encroaching
neighbors, back him in the courts of law, and feed him in times of
famine. But often, lords raided each other's farmers, who fled into the
hills or woods for safety. Often a lord's fighting men stayed with him
at his large house, but later were given land with inhabitants on it,
who became his tenants. The lords were the ruling class and the greatest
of them sat in the King's council along with bishops, abbots, and
officers of the King's household. The lesser lords were local magnates,
who officiated at the shire and hundred courts.
Staghunting, foxhunting, and hawking were reserved for lords who did
not work with their hands. Every free born person had the right to hunt
other game.
There was a great expansion of arable land. Some land had been
specifically allocated to certain individuals. Some was common land,
held by communities. If a family came to pay the dues and fines on
certain common land, it could become personal to that family and was
then known as heirland. Most land came to be privately held from
community-witnessed allotments or inheritance. Bookland was those
holdings written down in books. This land was usually land that had been
given to the church or monasteries because church clerics could write.
So many thegns gave land to the church, usually a hide, that the church
held 1/3 of the land of the realm. Folkland was that land that was left
over after allotments had been made to the freemen and which was not
common land. It was public land and a national asset and could be
converted to heirland or bookland only by action of the king and witan.
It could also be rented by services to the state via charter. A holder
of folkland might express a wish, e.g. by testamentary action, for a
certain disposition of it, such as an estate for life or lives for a
certain individual. But a distinct act by the king and witan was
necessary for this wish to take effect. Small private transactions of
land could be done by "livery of seisin" in the presence of neighbors.
All estates in land could be let, lent, or leased by its holders, and
was then known as "loenland".
Public-domain text, read in full here on John Shaqi.
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