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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