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
The offences against the forest-law were various and of very different
degrees: the _ferae forestae_ were not nearly so sacred as the _ferae
regales_, and as for the _vert_, it was of so little regard that the law
hardly contemplated it, always excepting the breaking the king’s chace.
To hunt a beast of the forest (_fera forestae_), either voluntarily or
intentionally, till it panted, was punished in a free man by a fine of
ten shillings: in one of a lower grade[149], by a fine of twenty: in a
serf, by a flogging. But if it were a royal beast (_fera regalis_) which
the English call a stag, the punishments were to be respectively, one
and two years servitude, and for the serf, outlawry. If they killed it,
the free man was to lose _scutum libertatis_[150], the next man his
liberty, and the serf his life. Bishops, abbots and barons were not to
be vexed with prosecutions for hunting, except they killed stags: in
that case they were liable to such penalty as the king willed. Besides
the beasts of the forest, the roebuck, hare and rabbit were protected by
fines. Wolves and foxes were neither beasts of the forest nor chace, and
might be killed with impunity, but not within the bounds of the forest,
as that would be a breaking of the chace; nor was the boar considered a
beast of venery. No one was to cut brushwood without permission of the
_primarius_, under a penalty; and he that felled a tree which supplied
food for the beasts, was to pay a fine of twenty shillings over and
above that for breaking the chace. Every free man might have his own
vert and venison on his own lands, but without a chace; and no man of
the middle class (_mediocris_) was to keep greyhounds. A gentleman
(_liberalis_[151]) might, but he must first have the knee-sinew cut in
presence of the head-forester, if he lived within ten miles of the
forest: if his dogs came within that distance, he was to be fined a
shilling a mile: if the dog entered the precincts of the forest, his
master was to pay ten shillings. Other kinds of dogs, not considered
dangerous, might be kept without mutilation; but if they became mad and
by the negligence of their masters went wandering about, heavy fines
were incurred. If found within the bounds of the forest, the fine was
two hundred shillings: if such a rabid dog bit a beast of the forest,
the fine rose to twelve hundred: but if a royal beast was bitten, the
crime was of the deepest dye.
-----
Footnote 149:
_Illiberalis_; perhaps a freedman, or a free man not a landowner. The
distinctions here are _liber_, _illiberalis_, _servus_.
Footnote 150:
This must denote _gentry_, something more than mere freedom.
Footnote 151:
The _mediocris_ is defined as twýhynde, the _liberalis_ as twelfhynde.
§ 33, 34.
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Public-domain text, read in full here on John Shaqi.
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