THE ENGLISH LAND SYSTEM 43 



accept the views of these authorities when he finds 

 them in general agreement.^ 



In dealing thus with the question of the land, the 

 great facts to be grasped — on which the most eminent 

 writers are agreed — are, that land throughout England 

 is the subject of " Tenure," and not of Ownership ; 

 that absolute ownership of land is unknown to English 

 law ; that in practice in early times and in theory at 

 the present day the only absolute owner is the king, 

 and that every one else holds such land as he may 

 possess (whatever may be his rights with regard to it 

 and its free alienation) simply as a tenant of the king. 



This may or may not be regarded by the territorial 

 party as a mere legal fiction, but nevertheless there 

 seems to be no doubt that in theory at least the 

 king — as representing the people — is the sole owner 

 of the soil of England. " The king of Domesday 

 is the supreme landlord of all the land of the nation ; 



^ As a short account of the Enghsh Land Laws, and one containing 

 very few technical terms, "The Land Laws," by Frederick Pollock (Mac- 

 millan) will be found most useful. On the land laws and customs, and on 

 other questions connected with the land, the following are among the best 

 authorities: — "The Enghsh Village Community," Seebohra. "Con- 

 stitutional History," Stubbs. " Law of Real Property," Joshua Williams. 

 "Common Rights," by the same author. "Village Communities," Sir 

 Henry Maine. Goodeve's " Law of Real Property." " Custom and 

 Tenant Right," Charles Elton. Freeman's "History of the Norman Con- 

 quest." "Villeinage in England," Professor Vinagradoff". "The Growth 

 of the Manor," by the same author. " Constitutional History of England," 

 Hallam. " Europe during the Middle Ages," by the same author. 

 " History of the Law of Real Property," Kenelm E. Digby. " Six 

 Centuries of Work and Wages," Thorold Rogers. " The Economic 

 Interpretation of History," by the same author. "Agricultural Com- 

 munity of the Middle Ages, Enclosures etc.," Dr. Nasse. "Economic 

 History," Professor Ashley. "A Students' Manual of English Con- 

 stitutional History," D. J. Medley. "History of the Anglo-Saxons," 

 Sharon Turner. Also the Statutes at large, and the Rolls of Parlia- 

 ment, so far as they deal with the question. 



