Re: Heortling social structure and wergeld confusion

From: donald_at_5I7AtxarfksQpx00TZYJVD6HbE8EfNJYt5KN_X40nY68HcKD6hU4tU7hGggLracqfBj_N
Date: Wed, 25 Apr 2007 14:09:43 GMT


In message <62447.91.35.96.61.1177490675.squirrel_at_nzKUX7GVbTdWgPf8OyUhpMWrKu1pcf4rGrIrFQ8bwv34kODIS275e6aA5GGRK8swBYsylsZr_CVMYwT3QrkOOvM6Wo3yOAC7jceyJYFz_NhLDiGSmbZSCsaRWpYhbbo.yahoo.invalid> "Joerg Baumgartner" writes:

>The joint ownership of resources is a concept which survived in Germanic
>territories like Schleswig-Holstein well into the 19th century, despite
>feudalism claiming to be the source of that ownership.

English law retained the concept of "common land" up until a few years ago when the small amounts left were given to local councils by Act of Parliament. By that stage it was limited to village greens and because of a lack of documentation many were being taken over by individuals without consideration for the rest of the village.

It's important to realise that ownership of land in the modern sense was only one of many forms of land property in the past. A feudal lord didn't own the land, he owned a grant of the right to collect rents from the King or Prince. Equally the serf owned the right to live and farm a particular plot in return for a rent to his lord and a tithe to the church.

In the medieval period English land law was so complex that it made up roughly 50% of the legal system. Even now there's so much no government will consider trying to consolidate it into a single Act of Parliament. They just pass legislation to abolish bits and pieces which are outdated or causing injustice.

-- 
Donald Oddy
http://www.grove.demon.co.uk/

           

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