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  1. Home
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  3. The Legal Framework of English Feudalism
  • Cited by 67
Publisher:
Cambridge University Press
Online publication date:
May 2010
Print publication year:
1976
Online ISBN:
9780511561245
DOI:
https://doi.org/10.1017/CBO9780511561245
Subjects:
Constitutional and Administrative Law, British History: General Interest, History
Series:
Cambridge Studies in English Legal History
Information

Book description

Professor Milsom works out a fresh view of the beginnings of the common law concerning land. The received picture depends upon progressive assumptions: key words began with their later meanings; the law began with abstract ideas of property; a tenant's title to his tenement was never subject to his lord's control; the lord had no discretion, only the power to decide disputes according to external criteria; jurisdiction in that sense was all the lord lost as royal remedies developed; and all the tenant gained was better protection of unaltered rights. It is a picture of procedural changes taking place against an unchanging background, with the feudal structure at the beginning almost as insubstantial as it was to be at the end.

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