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
A majority of the documents contained in the Codex Diplomaticus Ævi
Saxonici are conversions of folcland into bócland, or confirmations of
such conversions. They almost universally contain a clause declaring or
_proclaiming_—such is the technical word for this important public act,
by which prince and king, ealdorman and sheriff, were at once made
strangers to the land—the estate free from every burthen save the
inevitable three; a clause giving the fullest hereditary possession, and
the power to dispose of it by will at the testator’s pleasure; and
finally a clause stating that this is done by the authority of the king,
with the advice, consent and license of his Witan or counsellors. They
remain therefore to the last important public acts, and are, I believe
universally, to be considered acts of the assembled Witena-gemót or
great council of the nation[555]. And as by their authority folcland
could be converted into bócland, so it appears could the reverse take
place; and a change in the nature of two estates is recorded[556], where
the king gave five ploughlands of folcland for five of bócland, and then
made the folcland bócland, the bócland folcland.
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Footnote 555:
See hereafter the chapter which treats of the Witan and their powers.
Book ii. ch. 6.
Footnote 556:
Cod. Dipl. No. 281.
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In this general spoliation it is to be supposed that the kings would not
omit to share: accordingly we find them causing estates to be booked to
them by their witan; which estates, when thus become their private and
heritable property, they devise and deal with at their pleasure: and
indeed, as the king’s consent was necessary to all such conversions, he
was much better able to obtain that of his witan in his own case, than
bishops, thanes or others were in their cases: these generally found
themselves compelled to pay handsomely for the favour they required.
With respect to ecclesiastical lands, we frequently find a loss of very
large estates submitted to, in order to secure freedom to what remained.
There are also a few instances in which lands having descended,
encumbered with payments, the owners engage some powerful noble or
ecclesiastic to obtain their freedom,—that is, to persuade the witan
into abolishing the charges. The gratuity offered to the member whose
influence was to carry these ancient private acts of parliament, is
often very considerable. Towards the closing period of the Anglosaxon
polity, I should imagine that nearly every acre of land in England had
become bócland; and that as, in consequence of this, there was no more
room for the expansion of a free population, the condition of the
freemen became depressed, while the estates of the lords increased in
number and extent. In this way the ceorlas or free cultivators gradually
vanished, yielding to the ever growing force of the noble class,
accepting a dependent position upon their bócland, and standing to right
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