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The Pamphlet Collection of Sir Robert Stout: Volume 14

Ancient Land Tenures

Ancient Land Tenures.

The Land system of England in Anglo-Saxon times was complicated, inasmuch as there was not one and the same law for every plot of land. But it is important to note that private ownership, such as now exists page 127 amongst us, was entirely unknown. Of the four leading divisions of Landed property before the Conquest*

Folk Land was that belonging to no person or community, but to the nation as a whole. It is surmised to have been land remaining over after the invaders (or first settlement) had allotted sufficient plots to each of their freeman comrades. In shires exposed to invasion the Sovereign power occasionally granted such land to secure the aid of the holder, or to reward the military services of some other person.

Common Land was that held by organized communities, and not by separate individuals. The latter might have its use allotted for a time, but the property remained in the community. Here, however, was round the element that led to dispersion, for lands thus marked off from the common stock became by natural transition private property, the order of change being thus described by Professor Pollock ("The Land Laws": Macmillan)—of whose excellent synopsis we have also otherwise made use:—
1.No Alienation, but only inheritance.
2.Alienation within the family, but with consent of the community and of possible heirs.
3.Consent of the community reduced to a mere form.
4.In times of warfare and distress the wealthiest and strongest member of the community acquiring commanding influence, the others falling into dependence.
5.Grants of public jurisdiction, &c., from the Bang to one so pre-eminent.
6.The Lord of the Manor acquiring the powers of the community, and exacting dues and fines for consent to alienation.
7.The Common Land coming to be looked on as the Lord's Land, and the public courts as the Lord's courts, long before the Conquest of 1066.

Bocland (or Book-land) was that of later origin than the other two, and granted by a written instrument or book, as it was then called. At first such grants were only made to religious houses, or by the King, with consent of the Witan or Parliament; but it is clear they must have come from the stock of either Folk Land or Common Land, and the balance of evidence strongly tends to the former supposition.

With the advent of William the Norman came the change to military feudalism. Folk Land became the King's Land, and, along with such other soil as came by confiscations and forfeitures, was registered in the Domesday Book as Terra Regis. And with the disappearance of Folk Land there went Bocland, which had been made out of it. The religious houses, it is true, were not dispossessed by William, but their instruments of grant became void, and under the feudal regulations they received tenures of "Frankalmoigne" instead, that is to say, "free alms," or of "Divine Service," that is to say, "free masses for the grantor and his heirs." (See Section on "The State Church.")

* We say four leading divisions, because there were indubitably other and more involved forms of tenure, most of which, for instance, laid the foundations for what later became known as Copyholds. These are in rapid process of extinction under an Act of 1841 and its later extensions, giving power to commute manorial rights and enfranchise properties. In 43 years ending 31st December, 1884, no less than 15,174 such enfranchisements had been effected through the Copyhold Commission, which is now called the English Land Commission.