Bookland (type of land)
Encyclopedia
Bookland and folkland (O.E.
folcland) are the two types of land tenure under Anglo-Saxon law
. "Bookland" refers to land that was vested by a charter
, and land held without a charter was "folkland".
The meanings of these terms have more depth when their Anglo-Saxon
origins are considered. The concept of "bookland" arose in the seventh century, and refers to land that can be alienated (ie, disposed of) at will. It evolved to resemble ownership in the modern sense. "Folkland" was land held under the ancient (and unwritten) folk-law or custom, and by that custom it could not be alienated (ie, removed) from the kin of the holder except under special circumstances. No such claim by the kin could be made on "bookland".
The definition of those ancient folk-laws and customs (and thus, the definition of "folkland") has long been the subject of controversy, and the model suggested by the historian Patrick Wormald, given in the definition above, allows for the graceful sidestepping of that controversy.
A related concept is loanland (O.E.
lænland), which is land that has been granted temporarily, without any loss of ownership. Such land might be granted for a term of years, or for the life of a person, or it might be granted to an official for the term of his office (eg, as royal patronage). Both folkland and bookland might become loanland at one time or another.
and the witanagemot. Failing that, land could be transferred only within the kinship group, for example through inheritance.
However, the exact nature of these unwritten ancient customs is not clearly understood, and might include several different types of land tenure, such as kinship holdings intended to remain within the kinship, or holdings of the king to be granted as rewards for service, or holdings of the people as a whole (the "folk") to be granted in their name by the king, or any combination of these.
The concept of bookland entered Anglo-Saxon law in the seventh century via the influence of the late Roman Empire
's Vulgar Law, and referred to land that was granted in perpetuity by a charter
, and thereafter could be conveyed from anyone to anyone else at will. This was its only practical distinction from "folkland".
The altering of the law to add this concept had its origins in the christianisation of the Anglo-Saxons in the seventh century. As neither the Church nor its clergy could be fitted into the existing laws of land tenure, Anglo-Saxon law added the granting of charters as a means of supporting them. It had been intended as a permanent grant of land for landowners building religious establishments, with the stipulation that the holder must perform road and bridge upkeep and supply men for the fyrd
. Though there is evidence that this was not the first charter to be written in Anglo-Saxon England, the earliest surviving genuine charter, in favour of the abbot and monastery at Reculver
, in Kent
, was granted by King Hlothere of Kent in May 679.
The desirability of possessing unencumbered "bookland" in preference to "folkland" must have been immediately apparent to the laity, as Bede
complained in a letter to Archbishop Ecgbert of York
in 731, regarding the vast tracts of land acquired by "pretended monks" whose licentious interests were anything but Christian. To begin with, church land under bookright was exempt from taxation and immune from the trimodia necessitas, that is, the upkeep of bridges and fortifications on the land, and the provision of military service, or fyrd. These immunities were removed from church land by the end of the 8th century, perhaps in response to the situation of which Bede
complains.
As Anglo-Saxon law evolved, the religious requirement atrophied and was finally discarded, so that bookland resembled full ownership in the modern sense, in that the owner could grant it in his lifetime, in the same manner as he had received it, by boc or book, and also dispose of it by will.
in 1066, as all land was then held by the King under Norman
feudal
control. The King's tenants in chief held their land in return for provision of men at arms to the King. However, the changes in the nature of tenure were not absolute. Military service had been a duty of landholders before 1066 and some Anglo-Saxon law and custom continued to apply after the conquest. Domesday
does not mention folkland or bookland, but the form of tenure in January 1066 (TRE) is frequently given, although a variety of wording is used. Ann Williams equates land held "freely" (libere) with bookland.
The laws regarding land tenure continued to evolve after the conquest, and there was no return to pre-Norman law and custom. Thus, the distinction between folkland and bookland is of historical interest, but without a substantive modern impact. However, the legacy of the pre-Norman Anglo-Saxon kingdoms is certainly of interest to those of Anglo-Saxon heritage, and to scholars attempting to construct histories and attempting to provide a full legal provenance for modern English law.
As few ancient records have survived, constructed histories are necessarily conjectural, with much room for disagreement. This accounts for the tautological definition: it represents an effort to be accurate while sidestepping any and all ongoing disputes regarding ancient Anglo-Saxon law and custom.
Ignoring any prior conjectures, the idea that folkland was land owned by the entire folk was introduced by John Allen
in his 1830 Inquiry into the Rise and Growth of the Royal Prerogative in England. He asserted that the land was the property of the people as a whole, to be let out at will, and returned to the people's control when the grant had expired. This became the accepted view of mainstream historians, who then developed arguments and theories based on the correctness of the proposition.
In a short article in The English Historical Review of 1893, Paul Vinogradoff
asserted that folkland referred to land governed by folklaw or custom. It was this law that kept land within a family or kinship group, and folkland was not land collectively owned by the folk. He said that such land was held by a single representative of a kinship group, and that such land could not be alienated from (ie, transferred from) the kinship group without special permission. Vinogradoff then proceeded to show that his assertion was everywhere consistent with the historical record and nowhere inconsistent, pointing out along the way that neither the "accepted view" nor its derivatives satisfied the criterion of historical consistency.
While the idea of folkland as the common land of the folk was effectively put to rest for some, others persisted in their beliefs. Vinogradoff's own assertion did not go unchallenged, even by those who agreed with the thrust of his argument. Some, such as Frederic Maitland
, gave partial or cautious support, while others rejected the assertion and offered their own definitions.
A more recent text dealing explicitly with these controversies is Eric John's 1960 work, Land Tenure in Early England. He emphatically denies the previously held view that bookland evolved to take the land out of the family line, and in fact developed specifically to keep it within the family, claiming that the king's power over folkland remained too powerful and that his favour depended too much on a subject's good behaviour towards him. An episode from Beowulf
is employed to indicate that a subject who displeased the king was likely to have his folkland removed. Bookland, by contrast, provided the holder more definite powers of bequest removed from royal influence.
As there are only three explicit references to folkland in surviving documents, few plausible definitions can be ruled out, so long as they satisfy the criterion of historical consistency. The tautological definition sidesteps the controversy: it is agreed that all land that is not bookland is folkland. Ros Faith describes folkland as "the counterpart or antithesis of bookland".
Old English language
Old English or Anglo-Saxon is an early form of the English language that was spoken and written by the Anglo-Saxons and their descendants in parts of what are now England and southeastern Scotland between at least the mid-5th century and the mid-12th century...
folcland) are the two types of land tenure under Anglo-Saxon law
Anglo-Saxon law
Anglo-Saxon law is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with early Scandinavian law and continental Germanic law, descended from a family of ancient Germanic custom and legal thought...
. "Bookland" refers to land that was vested by a charter
Anglo-Saxon Charters
Anglo-Saxon charters are documents from the early medieval period in Britain which typically make a grant of land or record a privilege. The earliest surviving charters were drawn up in the 670s; the oldest surviving charters granted land to the Church, but from the eighth century surviving...
, and land held without a charter was "folkland".
The meanings of these terms have more depth when their Anglo-Saxon
Anglo-Saxons
Anglo-Saxon is a term used by historians to designate the Germanic tribes who invaded and settled the south and east of Great Britain beginning in the early 5th century AD, and the period from their creation of the English nation to the Norman conquest. The Anglo-Saxon Era denotes the period of...
origins are considered. The concept of "bookland" arose in the seventh century, and refers to land that can be alienated (ie, disposed of) at will. It evolved to resemble ownership in the modern sense. "Folkland" was land held under the ancient (and unwritten) folk-law or custom, and by that custom it could not be alienated (ie, removed) from the kin of the holder except under special circumstances. No such claim by the kin could be made on "bookland".
The definition of those ancient folk-laws and customs (and thus, the definition of "folkland") has long been the subject of controversy, and the model suggested by the historian Patrick Wormald, given in the definition above, allows for the graceful sidestepping of that controversy.
A related concept is loanland (O.E.
Old English language
Old English or Anglo-Saxon is an early form of the English language that was spoken and written by the Anglo-Saxons and their descendants in parts of what are now England and southeastern Scotland between at least the mid-5th century and the mid-12th century...
lænland), which is land that has been granted temporarily, without any loss of ownership. Such land might be granted for a term of years, or for the life of a person, or it might be granted to an official for the term of his office (eg, as royal patronage). Both folkland and bookland might become loanland at one time or another.
Historical background
By ancient law and custom, folkland was the only means of holding land in Anglo-Saxon England, and referred to land held by a single person as the representative of a kinship group. Land could be permanently transferred outside of the kinship group, or "alienated", but only with the agreement of the kingKing
- Centers of population :* King, Ontario, CanadaIn USA:* King, Indiana* King, North Carolina* King, Lincoln County, Wisconsin* King, Waupaca County, Wisconsin* King County, Washington- Moving-image works :Television:...
and the witanagemot. Failing that, land could be transferred only within the kinship group, for example through inheritance.
However, the exact nature of these unwritten ancient customs is not clearly understood, and might include several different types of land tenure, such as kinship holdings intended to remain within the kinship, or holdings of the king to be granted as rewards for service, or holdings of the people as a whole (the "folk") to be granted in their name by the king, or any combination of these.
The concept of bookland entered Anglo-Saxon law in the seventh century via the influence of the late Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
's Vulgar Law, and referred to land that was granted in perpetuity by a charter
Anglo-Saxon Charters
Anglo-Saxon charters are documents from the early medieval period in Britain which typically make a grant of land or record a privilege. The earliest surviving charters were drawn up in the 670s; the oldest surviving charters granted land to the Church, but from the eighth century surviving...
, and thereafter could be conveyed from anyone to anyone else at will. This was its only practical distinction from "folkland".
Leidang
The institution known as leiðangr , leidang , leding, , ledung , expeditio or sometimes lething , was a public levy of free farmers typical for medieval Scandinavians. It was a form of conscription to organise coastal fleets for seasonal excursions and in defence of the realm...
. Though there is evidence that this was not the first charter to be written in Anglo-Saxon England, the earliest surviving genuine charter, in favour of the abbot and monastery at Reculver
Reculver
Reculver is a hamlet and coastal resort situated about east of Herne Bay in southeast England. It is a ward of the City of Canterbury district in the county of Kent. Reculver once occupied a strategic location at the western end of the Wantsum Channel, between the Isle of Thanet and the Kent...
, in Kent
Kent
Kent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
, was granted by King Hlothere of Kent in May 679.
The desirability of possessing unencumbered "bookland" in preference to "folkland" must have been immediately apparent to the laity, as Bede
Bede
Bede , also referred to as Saint Bede or the Venerable Bede , was a monk at the Northumbrian monastery of Saint Peter at Monkwearmouth, today part of Sunderland, England, and of its companion monastery, Saint Paul's, in modern Jarrow , both in the Kingdom of Northumbria...
complained in a letter to Archbishop Ecgbert of York
Ecgbert, Archbishop of York
Ecgbert was an eighth century Archbishop of York and correspondent of Bede and Boniface.-Life:...
in 731, regarding the vast tracts of land acquired by "pretended monks" whose licentious interests were anything but Christian. To begin with, church land under bookright was exempt from taxation and immune from the trimodia necessitas, that is, the upkeep of bridges and fortifications on the land, and the provision of military service, or fyrd. These immunities were removed from church land by the end of the 8th century, perhaps in response to the situation of which Bede
Bede
Bede , also referred to as Saint Bede or the Venerable Bede , was a monk at the Northumbrian monastery of Saint Peter at Monkwearmouth, today part of Sunderland, England, and of its companion monastery, Saint Paul's, in modern Jarrow , both in the Kingdom of Northumbria...
complains.
As Anglo-Saxon law evolved, the religious requirement atrophied and was finally discarded, so that bookland resembled full ownership in the modern sense, in that the owner could grant it in his lifetime, in the same manner as he had received it, by boc or book, and also dispose of it by will.
The end of Anglo-Saxon law
The nature of Anglo-Saxon land tenure was substantially changed by the Norman conquest of EnglandNorman conquest of England
The Norman conquest of England began on 28 September 1066 with the invasion of England by William, Duke of Normandy. William became known as William the Conqueror after his victory at the Battle of Hastings on 14 October 1066, defeating King Harold II of England...
in 1066, as all land was then held by the King under Norman
Normans
The Normans were the people who gave their name to Normandy, a region in northern France. They were descended from Norse Viking conquerors of the territory and the native population of Frankish and Gallo-Roman stock...
feudal
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
control. The King's tenants in chief held their land in return for provision of men at arms to the King. However, the changes in the nature of tenure were not absolute. Military service had been a duty of landholders before 1066 and some Anglo-Saxon law and custom continued to apply after the conquest. Domesday
Domesday Book
Domesday Book , now held at The National Archives, Kew, Richmond upon Thames in South West London, is the record of the great survey of much of England and parts of Wales completed in 1086...
does not mention folkland or bookland, but the form of tenure in January 1066 (TRE) is frequently given, although a variety of wording is used. Ann Williams equates land held "freely" (libere) with bookland.
The laws regarding land tenure continued to evolve after the conquest, and there was no return to pre-Norman law and custom. Thus, the distinction between folkland and bookland is of historical interest, but without a substantive modern impact. However, the legacy of the pre-Norman Anglo-Saxon kingdoms is certainly of interest to those of Anglo-Saxon heritage, and to scholars attempting to construct histories and attempting to provide a full legal provenance for modern English law.
As few ancient records have survived, constructed histories are necessarily conjectural, with much room for disagreement. This accounts for the tautological definition: it represents an effort to be accurate while sidestepping any and all ongoing disputes regarding ancient Anglo-Saxon law and custom.
Controversies over folkland
The exact meaning of the term folkland has been the subject of considerable controversy. However, the definition of bookland has suffered from less uncertainty, as its inception is within recorded history, with numerous examples available in the records.Ignoring any prior conjectures, the idea that folkland was land owned by the entire folk was introduced by John Allen
John Allen
-Politicians:*John Allen , U.S. Representative from Connecticut*John B. Allen , first U.S. Senator from Washington*John Clayton Allen , U.S. Representative from Illinois...
in his 1830 Inquiry into the Rise and Growth of the Royal Prerogative in England. He asserted that the land was the property of the people as a whole, to be let out at will, and returned to the people's control when the grant had expired. This became the accepted view of mainstream historians, who then developed arguments and theories based on the correctness of the proposition.
In a short article in The English Historical Review of 1893, Paul Vinogradoff
Paul Vinogradoff
Sir Paul Vinogradoff November 1854, Kostroma, Russia– 19 December 1925, Paris, France) was a highly reputable Anglo-Russian historian-medievalist.-Career:...
asserted that folkland referred to land governed by folklaw or custom. It was this law that kept land within a family or kinship group, and folkland was not land collectively owned by the folk. He said that such land was held by a single representative of a kinship group, and that such land could not be alienated from (ie, transferred from) the kinship group without special permission. Vinogradoff then proceeded to show that his assertion was everywhere consistent with the historical record and nowhere inconsistent, pointing out along the way that neither the "accepted view" nor its derivatives satisfied the criterion of historical consistency.
While the idea of folkland as the common land of the folk was effectively put to rest for some, others persisted in their beliefs. Vinogradoff's own assertion did not go unchallenged, even by those who agreed with the thrust of his argument. Some, such as Frederic Maitland
Frederic William Maitland
Frederic William Maitland was an English jurist and historian, generally regarded as the modern father of English legal history.-Biography:...
, gave partial or cautious support, while others rejected the assertion and offered their own definitions.
A more recent text dealing explicitly with these controversies is Eric John's 1960 work, Land Tenure in Early England. He emphatically denies the previously held view that bookland evolved to take the land out of the family line, and in fact developed specifically to keep it within the family, claiming that the king's power over folkland remained too powerful and that his favour depended too much on a subject's good behaviour towards him. An episode from Beowulf
Beowulf
Beowulf , but modern scholars agree in naming it after the hero whose life is its subject." of an Old English heroic epic poem consisting of 3182 alliterative long lines, set in Scandinavia, commonly cited as one of the most important works of Anglo-Saxon literature.It survives in a single...
is employed to indicate that a subject who displeased the king was likely to have his folkland removed. Bookland, by contrast, provided the holder more definite powers of bequest removed from royal influence.
As there are only three explicit references to folkland in surviving documents, few plausible definitions can be ruled out, so long as they satisfy the criterion of historical consistency. The tautological definition sidesteps the controversy: it is agreed that all land that is not bookland is folkland. Ros Faith describes folkland as "the counterpart or antithesis of bookland".
See also
- Anglo-Saxon ChartersAnglo-Saxon ChartersAnglo-Saxon charters are documents from the early medieval period in Britain which typically make a grant of land or record a privilege. The earliest surviving charters were drawn up in the 670s; the oldest surviving charters granted land to the Church, but from the eighth century surviving...
- Fee simpleFee simpleIn English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...
- History of English land lawHistory of English land lawThe history of English land law derives from a mixture of Roman, Norman and modern legislative sources.Such terms as "fee" or "homage" carry us back into feudal times. Rights of common and distress are based upon still older institutions, forming the very basis of primitive law...