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
FOREST.—It may be doubted whether the right of Forest was at any time
carried among the Saxons to the extent which made it so hateful a means
of oppression under the Norman kings; but there can be no question that
it was one of the royalties. In every part of Germany the _bannum
Forestae_ or _Forstbann_ was so[145], and even to this day is as much an
object of popular dislike in some districts as it ever was among our
forefathers. In countries which depend much upon the immediate produce
of the soil for support, hunting is not a mere amusement to be purchased
or rented by the rich as a luxury, but a very necessary means of
increasing the supply of food; and where coal-mines have not been
worked, the forest alone or the turf-heap can furnish the means of
securing warmth, as indispensable a necessary of life as bread or flesh:
we have seen moreover that it was essential to the comfort of a Saxon
family to possess a right of masting cattle in the neighbouring woods.
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Footnote 145:
Eichhorn, Deut. Staatsr. i. 813, § 199.
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In the original division of the lands large tracts of forest may have
fallen to the king’s share, which he could dispose of as his private
property. Much of the folcland also may have been covered with wood, and
here and there may have lain sacred groves not included within the
limits of any community[146]. It is not unreasonable to suppose that all
these were gradually brought under the immediate influence and authority
of the king; and that when once the royal power had so far advanced as
to reduce the scír-geréfa to the condition of a crown officer, the
shire-marks or forests would also become subject to the royal
_ban_[147]. That very considerable forest rights still continued to
subsist in the hands of the free men, in their communities, may be
admitted, and is evidence of the firm foundation for popular liberty
which the old Mark-organization laid. But even in these, the possession
was not left totally undisturbed, and the public officers, the king,
ealdorman and geréfa appear to have gradually made various usurpations
valid.
-----
Footnote 146:
“Lucos et nemora consecrant.” Tac. Germ. ix.
Footnote 147:
As early as 825 we find questions of pasture contested by the
swángeréfa as an officer of the ealdorman. Cod. Dipl. No. 219. The
scírholt mentioned in this document would seem to have been the
shire-forest or public wood of the county; hence probably a royal
ban-forest, subject to the royal officer, the ealdorman.
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Public-domain text, read in full here on John Shaqi.
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