Bookland (law)

Bookland (Old English: bocland) was a type of land tenure under Anglo-Saxon law and referred to land that was vested by a charter. Land held without a charter was known as folkland (Old English: folcland).

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 referred to land that could be 'alienated' (i.e., disposed of) at will. It evolved to resemble ownership in the modern sense. Folkland was land held under ancient, unwritten folk-law or custom and by that custom it could not be alienated (i.e., 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 the definition of the word folkland, has long been the subject of controversy. The model suggested by the historian Patrick Wormald, given in the definition above, allows for the graceful sidestepping of that controversy.

A related concept was loanland (Old English: lænland), which was land 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 (e.g., as royal patronage). Both folkland and bookland might become loanland at one time or another.

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 king 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.

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