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
Over his private forests the king naturally exercised all the rights of
absolute ownership; and as his _ban_ ultimately implies this, at least
in theory, it becomes difficult to distinguish those which he dealt with
as _dominus fundi_, from those in which he acted _iure regali_. That he
reserved the vert and venison in some of them, and _preserved_ with a
strictness worthy of more enlightened ages, is clear from the severe
provisions of Cnut’s Constitutiones de Foresta[148]. According to this
important document, the forest law was as follows. In every county there
were to be four thanes, whose business it was, under the title of
Head-foresters, _primarii forestae_, to hold plea of all offences
touching the forest, and having the _ban_ or power of punishing for such
offences. Under them were sixteen lesser thanes, but gentlemen, whose
business it was to look after the vert and venison; and these had
nothing to do with the process in the forest court. To each of the
sixteen were assigned two yeomen, who were to keep watch at night over
the vert and venison, and do the necessary menial services: but they
were freemen, and even employment in the forest gave freedom. All the
expenses of these officers were defrayed by the king, and he further
supplied the outfit of the several classes: to the head-foresters,
yearly, two horses, one saddled, a sword, five lances, a spear, a shield
and two hundred shillings of silver: to the second class, one horse, one
lance, one shield and sixty shillings: to the yeomen, a lance, a
cross-bow and fifteen shillings. All these persons were quit and free of
all summonses, county-courts, and military dues: but the two secondary
classes owed suit and surface to the court of the _primarii_ (Swánmót),
which held plea and gave judgment in their suits: in those of the
_primarii_ themselves, the king was sole judge. The court of the Forest
was to be held four times a year, and was empowered to administer the
triple ordeal, and generally to exercise such a jurisdiction as belonged
only to the higher and royal courts. The persons of the head-foresters
were guarded by severe penalties; violence offered to them was punished
in a free man with loss of liberty, in a serf with loss of the hand; and
a second offence entailed the penalty of death.
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Footnote 148:
See these in Thorpe, i. 426.
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Public-domain text, read in full here on John Shaqi.
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