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HIDS 74 75
MAIN LIBRARY-AGRICULTURE DEPT.
CHAPTER III. THE ACCOUNT OF THE COMMUNAL
SOCIETY BY TACITUS
The Kingship, 26. The General Assembly or Folkmoot,
27. The Chief's Bodyguard, 28. Food-rents; Military
Organisation; The Hundred, 29. The Priest Judge-
The Brehon; Money Payments for Crime; Family
Responsibility, 30. Marriage; Inheritance; The Com-
mon Pasture-Cattle, 31. Pastoral Villages; Allotment
of Arable Land, 32. Corn-growing; The Unfree Farmer;
Hospitality; The Characteristics of Tribal Society, 33.
CHAPTER IV. THE EARLY TRANSITION STAGES.
Division of the
The Beginnings of Agriculture, 38.
Land, 39. Meadows; The Waste or Forest, 40. The
Cultivation of the Common Field, 41. The Social Com-
munity in Early Britain, 42. Intertribal Warfare, 43.
The Unfree and the Waste, 44. The Unfree and Legal
Custom; The Effect of Conquest, 46. The Effect of
Famine, 48. Individual Ownership of Land, 49.
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81
Part II. The Social Systems of the
Middle Ages
CHAPTER V. THE CUSTOMS OF FEUDAL SOCIETY
Early Society based on Kinship, 51. England and the
Feudal System; The Causes of Change, 53. The Kingship,
54. The General Assembly, 55. The Increase of Absolute
Power, 56. The Contrast of Military Organisation, 57.
The Variation of Feudalism in England, 60. The Feudal
System the Basis of our present Land Laws, 61. The
Mercenaries, 62. The National Militia, 68.
CHAPTER VI. THE CONTRAST OF THE COMMUNAL
SOCIETY
Common Ownership of the Soil, 70.
Feudal Society rests
on Individual, Tribal Society on Communal Land Owner-
ship, 71. The Federal Authority, 73. Territorial Divisions,
74. The General Assembly, 76.
CHAPTER VII. THE CONTRAST OF THE COMMUNAL
SOCIETY (continued): THE CHIEF AND HIS GIVING
OF STOCK
The Chieftain Class, 77. The Loan of Cattle, 82.
CHAPTER VIII. THE COMMUNAL SOCIETY (continued):
THE UNFREE
The Unfree Tribesman and the Villein, 88. The Common
Use of the Waste, 92. The Increase of the Lord's Power,
93. The Villein, 95.
Slaves, 96.
CHAPTER IX. THE COMMUNAL SOCIETY (continued):
COMMON RIGHTS AND COMMON DUTIES
PAGE
. 51
The Common Usufruct, 99. Bee Law, 100. Contract
and Conveyance, 102. The Simplicity of the Communal
Society, 106. Fosterage, 107.
CHAPTER X. THE PRIVILEGES AND DUTIES OF THE
69
77
88
99
CHIEF
113
Cosherings, Coyne, and Livery, 114. The Misuse of the
Communal System, 117.
Part III. The Holding and Transfer of Land
in Mediæval Society
CHAPTER XI. FOREIGN EXAMPLES.
INCORPOREAL
RIGHTS. VARIOUS ENGLISH TENURES
Foreign Instances of dealing with Land, 121. The Change
to Feudal Custom; The Transfer of Incorporeal Rights,
125. Examples of English Tenure of Land, 127. Land
Tenure in the North of England, 128. Other English
Tenures Ancient Demesne, Socage Tenure, Borough
English, Gavelkind, 130.
CHAPTER XII. THE NORSE TENURES. THE UN-
FENCED WASTE.
EASEMENTS
The Odal Lands of the Orkneys and Shetlands, 131. The
Common Ownership of the Unfenced Waste-Easements,
135. Federal Antagonism to Communal Landholding,
138.
CHAPTER XIII. ALIENATION AND INHERITANCE
The Right of Redemption, 139. The Fourfold Division of
Land, 143. Individual Ownership gradually breaks in, 149.
The Geilfiné, 151.
CHAPTER XIV. ALIENATION AND INHERITANCE (con-
tinued)
121
Gavelkind, 153. Variations of the Custom, 156. Aliena-
tion under the Feudal System, 157. Scottish Feudal
Holding, 159. All Transactions Verbal; The Church,
Writing, and the Will, 160. The Executor and the Chattels,
162.
131
139
153
Part IV. The Use of the Land by
CHAPTER XV.
the Community
WASTE OR FOREST. WILD ANIMALS. 167
Methods of Stockbreeding, 169. The Waste, 170. The
Forests, as having their Origin in Sport," 172. The
Forests as a Range for Wild Creatures, 177. Wild Species
of Tame Animals-Close Time; Wild Swine, 185.
66
CHAPTER XVI. THE WASTE. TAME ANIMALS. DOGS
AND HAWKS
The Range for Cattle, 187.
The Rule as to Ranging Stock,
190. The Range for Swine, 191. The Range for Sheep
and Goats, 193. Dogs and Hawks, 195.
187
CHAPTER XVII. THE WASTE. TIMBER. THE BY-
PRODUCTS. THE REGULATIONS OF THE WASTE 198
Timber, 198. Charcoal, 200. Fuel and Repairs, 201.
Minerals and other Matters, 202. The Small Products of
the Forest, 203. Bees, 204. The Regulations of the
Waste or Forest, 205.
CHAPTER XVIII.
THE WASTE
THE DEALINGS OF THE CHIEF WITH
Parks and Warrens, 217. The Interests of Stockbreeder
and Cultivator conflict, 218. Decline of the Forests, 220.
Examples of Forest Law, 221. The Forest as a Reserve
for Cultivation, 224. The Power of the Chief, 226.
Strangers, 227.
230
Part V. The Rights of the Small Holder
in the Waste
CHAPTER XX. STOCK-BREEDING AND CORN-GROW-
ING CONFLICT
The Two Kinds of Farms, 239. The Yardland Theory, 240.
Arable Cultivation modifies the Social Use of Land, 241.
Rainfall, 242. Fencing, 247
CHAPTER XXI. DRIVING OUT THE SMALL FREE-
HOLDER. EASEMENTS
Copyholds and Customary Freeholds in England, 250.
The Grantees of the Monastic Lands; The Northern
Tenures, 253. The Ulster Tenant Right, 254. Common
Rights between Co-owners, 257. Examples, 260. Rights
of Way and Water; Easements, 261. Examples, 260–263.
239
250