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
commune nobis eum exulare et extorrem a nobis fieri cum complicibus
suis: statuimus etiam inviolatum foedus inter nos, quod qui
praesumpsisset infringere, exhaereditari se sciret omnibus habitis,
hoc est, ut nemo nostrum aliquid humanitatis vel commoditatis ei
sumministraret. Hanc optionis electionem posthabitam nichili habuit
soror eius Æðelflǽd omnia quae possibilitatis eius erant, et
utilitatis fratris omnibus exercitiis studuit explere, et hac de causa
aliarumque quamplurimarum exhaeredem se fecit omnibus.” Cod. Dipl. No.
719.
The murder of Æfic is mentioned in the Chronicle, an. 1002, where he
is called heáhgeréfa.
Footnote 81:
Cod. Dipl. No. 1035. But not if he had legal heirs. See Cnut, ii. §
71. Thorpe, i. 412. In this case the king could claim only the Heriot,
a custom retained even by the Normans. “Item si liber homo intestatus
decesserit, et subito, dominus suus nihil se intromittet de bonis
suis, nisi tantum de hoc quod ad ipsum pertinuerit, scilicet quod
habeat suum Heriettum.” Fleta, ii. cap. 57, § 10.
Footnote 82:
Cod. Dipl. No. 1078.
Footnote 83:
Hist. Eliens. i. 1. “Sicque postea per destitutionem, regiae sorti,
sive fisco, idem locus additus est.” See also vol. i. p. 302, note 2.
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FINES.—It is hardly necessary to enter into any great detail respecting
the fines which were imposed for various offences against the state, and
which were levied by the public officers to the king’s use. The laws
abound with examples: it may in general be concluded that the proceeds
were nearly absorbed by the cost of collection, and that little remained
to the king when the portions of the ealdorman and geréfa had been
deducted. But still these fines require a particular notice, because
they are especially enumerated by Cnut among the rights of his crown. He
says:—“These are the rights which the king enjoys over all men in
Wessex: that is, Mundbryce, and Hámsócne, Foresteal, Flýmena fyrmð, and
Fyrdwíte, unless he will more amply honour any one, and concede to him
this worship[84].” In Mercia, he declares himself entitled to the same
rights[85], and also by the Danish law, that is in Northumberland and
Eastanglia,—with the addition of Fihtwíte, and the fine for harbouring
persons out of the Fríð or public peace[86]. These evidently belong to
him in his character of conservator of that peace: Mundbryce is breach
of his own protection: Hámsócn is an aggravated assault upon a private
dwelling: Foresteal here, the maintenance of criminals and interference
to prevent the course of justice: Flýmena fyrmð, the comforting and
supporting of outlaws or fugitives: Fyrdwíte, the penalty for neglecting
to attend, or for deserting, the armed levy when duly proclaimed:
Fihtwíte is the penalty for making private war. These regalia he could
grant to a subject if such were his pleasure. But they are far from
exhausting the catalogue of his rights: he possessed many others, which
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