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
“Concedo eidem aecclesiae ad victum monachorum portum de Sanduuíc et
omnes exitus eiusdem aquae, ab utraque parte fluminis cuiuscumque terra
sit, a Pipernæsse usque ad Mearcesfleóte, ita ut natante nave in
flumine, cum plenum fuerit, quam longius de navi potest securis parvula
quam Angli vocant _Tapereax_ super terram proici, ministri aecclesiae
Christi rectitudines accipiant, ... Si quid autem in magno mari extra
portum, quantum mare plus se retraxerit, et adhuc statura unius hominis
tenentis lignum quod Angli nominant _spreot_, et tendentis ante se
quantum potest, monachorum est. Quicquid etiam ex hac parte medietatis
maris inventum et delatum ad Sanduuíc fuerit, sive sit vestimentum, sive
rete, arma, ferrum, aurum, argentum, medietas monachorum erit, alia pars
remanebit inventoribus.”
-----
Footnote 104:
Hist. Rams. 106.
Footnote 105:
There are two places of this name on the coast of the Wash near
Burnham Market in Norfolk. The one intended is most probably Ringstead
St. Andrew’s.
Footnote 106:
Cod. Dipl. No. 809.
Footnote 107:
See Bracton, ii. 5. § 7. Westm. i. cap. 4. Stat. Praerog. Reg. cap.
11. Also 17. Edw. II. cap. 11. Rot. Chart. 20. Hen. III. m. 3. and 14.
Edw. III. m. 6. Pat. 42. Hen. III. m. 1. dorso. See also Sir W.
Stamford, Expos. King’s Prerog. fol 37, b.
Footnote 108:
Leg. Hen. I. 10. § 1. Ducange reads _laganum_ for _algarum_.
Footnote 109:
Cod. Dipl. No. 737, where it is printed both in Latin and Saxon.
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These words are quite wide enough to carry _wreck_, although this be not
distinctly stated by name. But Eádweard the Confessor furnishes us with
still further evidence. In a writ addressed by him to Ælfwold bishop of
Sherborne, earl Harold, and Ælfred the sheriff of Dorsetshire, he
says[110]: “Eádweard the king greets well Bishop Ælfwold, earl Harold,
Ælfred the sheriff and all my thanes in Dorsetshire: and I tell you that
Urk my húscarl is to have his strand, over against his own land, freely
and well throughout, up from sea, and out on sea, and whatsoever may be
driven to his strand, by my full command.”
-----
Footnote 110:
Cod. Dipl. No. 871.
-----
In this, as in many other cases, the principle seems to be, that that
which has no ostensible owner is the property of the state, or of the
king as its representative; and hence, in the later construction of the
law of _wreck_, it was necessary that an absolute abandonment should
have taken place, before wreck could be claimed. If there were _life_ on
board, even a dog, cat, or lower animal, there could legally be no
wreck, and this provision of the law has very often led to the
perpetration of the most savage murders, as a precaution lest any living
creature, by reaching the strand, should defeat the avarice of its
barbarous owners. From the little evidence we can now recover, of the
Saxon practice, this limitation does not appear to have existed.
Public-domain text, read in full here on John Shaqi.
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