The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
would have entailed upon him the forfeiture of his own real property,
should not be permitted to interfere with the rights of the reversioner:
lǽnland therefore could not be taken from the owner, for the crime of
the tenant. In the year 900 a certain Helmstán was guilty of theft, and
the sheriff seized all his chattels to the king: and Ordláf entered upon
the land, “because it was his lǽn that Helmstán sat on: that he could
not forfeit[564].” A similar principle prevailed in grants for lives,
especially where ecclesiastical corporations were the grantors and
reversioners; and which, though to a certain extent they conveyed
estates of bócland, gave, strictly speaking, lǽn or beneficiary
tenures[565]. But as the clergy were not always quite sure of meeting
with fair treatment, we find them not unfrequently introducing into
their instruments a provision that no forfeiture shall be valid against
their rights; this, from the great strictness with which the provisions
of a book or charter were always construed, and in general from the fear
of violating what had been confirmed by the signature of the cross and
the threat of eternal punishment, may have had some effect. In such
cases it may be presumed that the guilt of the grantee entirely
cancelled the grant; the remaining lives, if any, losing the advantage
which they derived through the grantee; forfeiture really taking effect,
but for the benefit of the grantor, not the civil power[566]. The tenant
of lǽnland, who by his services acquired the good will of the lord,
might hope to have his tenure improved, if not into an absolute
possession of bócland, yet into one for his own or more lives. In a
translation of St. Augustine of Hippo’s Soliloquia, attributed like so
many other things to Ælfred of Wessex, there occurs this passage[567]:
-----
Footnote 559:
Wages of course need not comprise money, or be the result of a compact
between free parties. We pay a slave wages, though no _penny fee_. It
is a different question whether it is advisable that labourers should
be slaves: the Anglosaxons had their peculiar views on that subject,
which we are not to discuss now.
Footnote 560:
“Alio quoque tempore, in adolescentia sua, dum adhuc esset in populari
vita, quando in montanis iuxta fluvium, quod dicitur Leder, cum aliis
pastoribus, pecora domini sui pascebat,” etc. Anon. Cuðberht, cap. 8.
(Beda, Op. Min. ii. 262.) “Contigit eum remotis in montibus
commissorum sibi pecorum agere custodiam.” Beda, Cuðb. c. 4. Op. Min.
ii. 55. The Hungarian Salas on the Pusta is much the same thing, at
the present day.
Footnote 561:
The “Rectitudines Singularum Personarum” inform us that they were very
different in different places, which necessarily would be the case. We
can imagine that a butsecarl or fisherman of Kent was not so anxious
to have a holding as a peasant in Gloucestershire.
Footnote 562:
Public-domain text, read in full here on John Shaqi.
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