Some Thoughts on ‘Hereditary’ and ‘Proprietary’ Rights in Land under Customary Law in Thirteenth and Early Fourteenth Century England

Abstract

A recent polemical essay by Alan Macfarlane constructed a picture of the social structure of medieval rural England premised on the notion that there was little difference in the nature of family attachment to land between freeholders and those who held their property ‘according to the customs of the manor.’ This essay has received severe criticism from R. H. Hilton, who argues that it ‘ignores the implications of the considerable predominance in many areas of customary land held in villein (i.e. servile) tenure, attempting to assimilate it to freehold as though it were equivalent to sixteenth century copyhold.’ The scale of the difference between these two positions may be attributed to the current state of research into the operation of customary law and its tribunals.