The history of England, from the earliest times to the Norman ConquestHodgkin, Thomas
History
The history of England, from the earliest times to the Norman Conquest
Hodgkin, Thomas
Great Britain -- History -- To 1066
There are other indications that during the two centuries which had
elapsed since the legislation of Ine, the tendency which was even
then observable, towards the formation of large landed estates and
the lessening of the number of free and independent ceorls, had been
going forward. One cause which probably contributed to this result
was the conversion of Folkland into Bookland: two terms which, after
puzzling a whole generation of English historians, have at last,
it may be hoped, yielded up their secret to the patient research
of a foreign student of our institutions.[143] Folkland, it seems
now safe to say, was “family land held by common right and without
written evidence”.[144] Bookland was, as it is called by a Latin
interpreter,[145] _terra testamentalis_, land over which the owner
had full power of disposition by will, and his right to which rested
on some “book” or written document, not on folk-right and immemorial
custom. A striking illustration of the difference between the two kinds
of property is afforded by the will of a certain ealdorman Alfred who
was a contemporary of his great namesake the king.[146] This nobleman
leaves the bulk of his large property, which is expressly stated to be
bookland, to his widow and “our common bairn” Aldryth: but there is
also a son, probably not born in wedlock, for whom he wishes to make
provision. After leaving him a certain small “bookland” property, he
adds: “If the king will let him have the folkland in addition to this
bookland, then let him have and enjoy it”; if not, the widow is to
convey to him certain other bookland estates. It is argued with much
force that here we have the case of a nobleman owning large properties
which have been conveyed to him by perhaps recent “books,” written
instruments of purchase and sale, royal donations and the like. But he
has inherited also another, probably smaller, property which has been
in his family from time immemorial, is his by folk-right, and is called
folkland. But this property is held subject to certain customary laws
of inheritance, and is perhaps liable to reversion to other members
of the kinship in default of male heirs. The ealdorman hopes for the
king’s intervention on behalf of his son should any difficulty be made
about his succession to the folkland, and, failing that, desires that
the loss shall be made up to him out of the bookland estate, over which
his disposing power is incontestable.
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