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FOLKLAND (folcland)

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Originally appearing in Volume V10, Page 601 of the 1911 Encyclopedia Britannica.
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See also:

FOLKLAND (folcland) . This See also:term occurs three times in Anglo-Saxon documents. In a See also:law of See also:Edward the See also:Elder (c. i. 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 folkland or bookland. By a See also:charter of 863 (See also:Cod. Dipl. 281), See also:King 'Ethelberht exchanges five hides of folkland for five hides of bookland which had formerly belonged to a thane, granting the latter for the newly-acquired estates exemption from all fiscal exactions except the threefold public See also:obligation of attending the See also:fyrd and joining in the repair of fortresses and See also:bridges. Evidently folkland was not See also:free from the See also:payment of gafal (See also:land tax) and providing quarters for the king's men. In ealdorman See also:Alfred's will the testator disposes freely of his bookland estates in favour of his sons and his daughter, but to a son who is not considered as rightful offspring five hides of folkland are See also:left, provided the king consents. It is probable that folkland is meant in two or three cases when Latin documents speak of terra rei publicae :lure possessa. Two See also:principal explanations have been given to this term. See also:Allen thought that folkland was similar to the See also:Roman ager publicus: it was the See also:common See also:property of the nation (foie), and the king had to dispose of it by See also:carving out dependent tenures for his followers more or less after the See also:fashion of See also:continental beneficia.

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.

End of Article: FOLKLAND (folcland)

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