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
Christianity, which destroys or diminishes the holiness of the forests,
necessarily confines the guarantee of the Mark to the public law of the
state. Hence when these districts become included within the limits of
Christian communities, there is no difficulty in the process which has
been described: the state deals with them as with any other part of its
territory, by its own sovereign power, according to the prevalent ideas
of agricultural or political œconomy; and the once inviolate land may at
once be converted to public uses, widely different from its original
destination, if the public advantage require it. No longer necessary as
a boundary, from the moment when the smaller community has become
swallowed up and confounded in the larger, it may remain in commons, be
taken possession of by the state as folcland, or become the source of
even private estates, and to all these purposes we find it gradually
applied. In process of time it seems even to have become partible and
appurtenant to private estates in a certain proportion to the
arable[90]: towards the close of the tenth century I find the grant of a
mill and millstead, “and thereto as much of the markland as belongeth to
three hydes”[91].
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Footnote 90:
Most likely as commons are distributed now, under enclosure-bills;
allotments being made in fee, as compensation for commonable rights.
Footnote 91:
And se mylenham ⁊ se myln ðǽrtó, ⁊ ðæs mearclandes swá mycel swá tó
þrim hidon gebyrað. an. 982. Cod. Dipl. No. 633.
-----
The general advantage which requires the maintenance of the Mark as
public property, does not however preclude the possibility of using it
for public purposes, as long as the great condition of indivisibility is
observed. Although it may not be cleared and ploughed, it may be
depastured, and all the herds of the Markmen may be fed and masted upon
its wilds and within its shades. While it still comprises only a belt of
forest, lying between small settlements, those who live contiguous to
it, are most exposed to the sudden incursions of an enemy, and perhaps
specially entrusted with the measures for public defence, may have
peculiar privileges, extending in certain cases even to the right of
clearing or essarting portions of it. In the case of the wide tracts
which separate kingdoms, we know that a comprehensive military
organization prevailed, with castles, garrisons, and governors or
Margraves, as in Austria, Brandenburg and Baden, Spoleto and Ancona,
Northumberland and the Marches of Wales. But where clearings have been
made in the forest, the holders are bound to see that they are
maintained, and that the fresh arable land be not encroached upon; if
forest-trees spring there by neglect of the occupant, the essart again
becomes forest, and, as such, subject to all the common rights of the
Markmen, whether in pasture, chase or estovers[92].
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Footnote 92:
Public-domain text, read in full here on John Shaqi.
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