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
PARDON.—When judgment was pronounced, it appears that in certain cases,
at least, the king possessed the power to stay execution and pardon the
offender,—an exertion of the royal prerogative which one feels pleasure
in thus referring to so ancient a period. The necessary evidence is
supplied in many passages of the Laws[71].
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Footnote 71:
“If a man fight or draw weapon in the king’s hall and be taken in the
act, he shall lie at the king’s mercy, to slay or pardon him.” Ælf. §
7. Ini, § 6. Thorpe, i. 66, 106. “The ealdorman who connives at theft
shall forfeit his office, unless the king pardon him.” Ini, § 36.
Thorpe, i. 124. See also Æðelst. v. 1. § 4, 5, Eádm. § 6. Eádg. ii. §
7. Æðelr. iii. § 16; vii. § 9. Thorpe, i. 230, 250, 268, 298, 330.
ESCHEAT AND FORFEITURE.—As the royal power became consolidated, and the
great struggle between centralization and local independence assumed the
new form of offences against the state, the nature of punishments became
somewhat changed. The old pecuniary fines were found insufficient to
repress disorder, and forfeiture to the king was resorted to, as a
measure of increased severity. The laws proclaim this in the case of
various breaches of the public peace: in treason Ælfred’s witan decreed
not only the punishment of death, but also confiscation of all the
possessions[72]: in addition to the capital penalty which was incurred
by fighting in the king’s house, forfeiture of all the chattels was
decreed by Ini[73]. If a lord maintained and abetted a notorious thief,
he was to forfeit all he had[74]. And if he neglected the fines
provided, and would break the public peace either by thieving or
supporting thieves, it was provided that the public authorities should
ride to him, that is make war upon him, and despoil him of all he had,
whereof half was to go to the king, half to the persons who took part in
the expedition[75]. But the charters supply numerous instances of
forfeiture in consequence of crime, where the bóclands as well as the
chattels are seized into the king’s hand; though in the case of folcland
it is possible that the king could not claim the forfeiture without a
positive grant of the witan. About 900, Helmstán having been guilty of
theft, Eánwulf, the king’s geréfa at Tisbury seized all his chattels to
the king’s hand[76]: he held only lǽnland, and that could not be
forfeited by him; but the words made use of show, that had it been his
own bócland, it would not have escaped. We have an instance of a thane
forfeiting lands to the king for adultery[77], although he only held
them on lease from the bishop of Winchester; and in like manner, a lady
was deprived of her estate for incontinence[78]. In 966 the bishop of
Rochester having obtained judgment and damages against a lady, for
forcible entry upon his lands (reáflác), the sheriff of Kent seized her
manors of Fawkham and Bromley; all her possessions being forfeited to
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