The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 2 (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
Æðelred about 980, gives the following reasons for a grant made by him
to Abingdon. During the lifetime of Eádgar, this prince had given to
the monastery certain estates belonging to the appanage of the princes
of the blood, “_terras ad regios pertinentes filios_:” these, on
Eádgar’s death and Eádweard’s accession, the Witena gemót very
properly claimed and obtained, handing them over to Æðelred, then
prince royal: “quae statim terrae iuxta decretum et praeceptionem
cunctorum optimatum de praefato sancto coenobio violenter abstractae,
_meaeqae ditioni, hisdem praecipientibus, sunt subactae_: quam rem si
iuste aut iniuste fecerint, ipsi sciant.” All the crown lands thus
fell to Æðelred, he having no children at his brother Eádweard’s
death: “et _regalium_ simul, et _ad regios filios pertinentium,
terrarum_ suscepi dominium.” Having now scruples of conscience about
interfering with his father’s charitable intentions, he gave the
monastery an equivalent out of his own private property,—“_ex mea
propria haereditate_.” Cod. Dipl. No. 3312.
Footnote 30:
Germ. xv.
Footnote 31:
See Domesday, _passim_. Cnut commanded to put an end to these
compulsory demands: no man was to be compelled to give his reeves
anything towards the king’s feormfultum, against his will, under a
heavy penalty, but the king was to be provided for out of the royal
property. Cnut, § 70. Thorpe, i. 412. If Phillips is right in
supposing the Fóster of Ini’s law (§70. Thorpe, i. 146) to be this
burthen, heavy charges lay upon the land in the eighth century.
Angels. Recht. p. 87. But I doubt the application in this particular
case. See also, Anon. Vita Hludov. Imp. § 7; Pertz, ii. 610, 611;
Annal. Laurish. 753; Ann. Bertin. 837; Pertz, i. 116, 430, and
Hincmar. Inst. Carol. ibid. ii. 214. _Aids_ and _benevolences_ have
acquired a notoriety in English history which will not be forgotten
while England survives: but the prerogative lawyers had ancient
prescription to back them. On the whole subject see Grimm, Rechtsalt.
p. 245. Eichhorn, § 171. vol. i. p. 730 _seq._
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