Bookland (law)

Bookland (law)

Bookland (O.E. bocland) 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 (i.e., 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 (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 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 (e.g., as royal patronage). Both folkland and bookland might become loanland at one time or another.