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See also:FOLKLAND (folcland)
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This See also:term occurs three times in Anglo-Saxon documents
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In a See also:law of See also:Edward the See also:Elder (c. i
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2) it is contrasted with bookland in a way which shows that these two kinds of See also:tenure formed the two See also:main subdivisions of landowner-See also:ship: no one is to deny right to another in respect of See also:folkland or bookland
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By a See also:charter of 863 (See also:Cod
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Dipl
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281), See also: These estates remained subject to the See also:superior ownership of the folk and of the king: they could eventually be taken back by the latter and, in any See also:case, the See also:heir of a holder of folkland had to be confirmed in See also:possession by the king . A See also:letter of See also:Bede to the See also:archbishop See also:Ecgbert of See also:York may be interpreted to apply to this See also:kind of tenure . See also:Kemble, K . See also:Maurer, H . C . See also:Lodge, See also:Stubbs and others followed Allen's See also:lead . Another theory was started by See also:Professor See also:Vinogradoff in an See also:article on folkland in the See also:English lust . See also:Review for 1893 . It considers folkland as landownership by folkright—at common law, as might be said in See also:modern legal speech . In opposition to it bookland appears as landownership derived from royal See also:privilege . The incidents recorded in the charters characterize folkland as subject to See also:ordinary fiscal burdens and to limitations in respect of testamentary See also:succession . Thane Wallaf has to be relieved from fiscal exactions when his See also:estate is converted from folkland into bookland (c.D . 281) . Ealdorman Alfred's son, not being recognized as legitimate, has to claim folkland not by See also:direct succession or devise, but by the consent of the king . These incidents and limitations are thrown into See also:relief by copious illustrations as to the fundamental features of bookland contained in the number-less " books." These are exemptions from fiscal dues and freedom of disposition of the owner . This view of the See also:matter has been accepted by the See also:chief modern authorities . |
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