Another theory was started by Professor Vinogradoff in an article on folkland in the English Hist.
But the privileged class alone are eligible to the greatest offices of the state; they have in their hands the exclusive control of the national religion; they have the exclusive enjoyment of the common land of the state - in Teutonic phrase, the folkland.
Ealdorman Alfred's son, not being recognized as legitimate, has to claim folkland not by direct succession or devise, but by the consent of the king.
Evidently folkland was not free from the payment of gafal (land tax) and providing quarters for the king's men.
In Anglo-Saxon times the property of the king consisted of (a) his private estate, (b) the demesne of the crown, comprising palaces, &c., and (c) rights over the folkland of the kingdom.
In ealdorman Alfred's will the testator disposes freely of his bookland estates in favour of his sons and his daughter, but to a son who is not considered as rightful offspring five hides of folkland are left, provided the king consents.
It considers folkland as landownership by folkright - at common law, as might be said in modern legal speech.
It is probable that folkland is meant in two or three cases when Latin documents speak of terra rei publicae jure possessa.
The incidents recorded in the charters characterize folkland as subject to ordinary fiscal burdens and to limitations in respect of testamentary succession.