The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
As the State were the grantors, so also there appears to have been no
restriction as to the persons of the grantees. Of course this does not
include serfs, or others below the degree of freemen; although an
emancipated serf may sometimes have been provided with an estate of
folcland, by general donation. But there is no reason to doubt that
every other class might obtain grants of folcland. Those of a duke and
of various bishops have been mentioned; Wulfwold’s father was probably,
at least a thane. But even the king himself could and did hold land of
this description. The boundary of an estate is said to run to the king’s
folcland; “ab occidente Cyninges folcland quod habet Wighelm et
Wulfláf[547].”
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Footnote 547:
Cod. Dipl. No. 281.
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At a very early period however it became a practice to carve hereditary
estates out of the folcland, which thus became the private property of
the individual, and could by him be given, sold, or devised at his
pleasure; by which the reversion to the state was defeated, and the
common stock insofar diminished. It was also usual to release such land
from all the dues which had previously been rendered from it, and to
make it absolutely free[548], with the exception of the three services
which were inevitably incident to all landed possession, and which are
consequently known by the names of _Communis labor_, _Generalis
incommoditas_, _Onus inevitabile_, _Trinoda necessitas_, and similar
expressions. These estates were always granted by book or charter, and
hence bore the name of bócland: and it is questionable whether the two
descriptions did not, at a very early period, comprise all the land in
England, as the families of the first allodial possessors died out, and
their possessions either reverted to the state, or became alienated
under circumstances which included them in the category of bócland.
-----
Footnote 548:
Hence a free hide, _hida libera_, is properly called “án hiwisc
ægefæles landes,” a hide of land that pays no gafol or tax. Cod. Dipl.
No. 1070.
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Public-domain text, read in full here on John Shaqi.
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