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
Such is the forest legislation of Cnut, and its severity is of itself
evidence how much the power of the king had become extended at the
commencement of the eleventh century. It is clear that he deals with all
forests as having certain paramount rights therein, and it seems
probable that this organization was intended to be established all over
England. Still it is observable that he gives certain rights of hunting
to all his nobles, reserving only the stags to himself, and that he
allows every freeman to hunt upon his own property, so that he does not
interfere with the royal chaces[152]. We may however infer that at an
earlier period the matter was not regarded so strictly. A passage has
been already cited[153] where Ælfred implies that a dependent living
upon lǽnland could support himself by hunting and fishing, till he got
bócland of his own. The bishops possessed the right in their
forests—whether _proprio iure_ or by royal grant, I will not venture to
decide—as early as the ninth century[154], and still retained it in the
tenth[155]. And while the communities were yet free it is absurd to
suppose that they allowed any one to interfere with this pursuit, so
attractive to every Teuton, so healthy, so calculated to practise his
eye and limbs for the sterner duties of warfare, and so useful to
recruit a larder not over well stored with various or delicate viands.
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Footnote 152:
This regulation was very likely forced upon him by his Witan, inasmuch
as it is also recorded in his laws, § 81. “Every one shall be entitled
to his hunting both in wood and field, upon his own property. And let
every one forego my hunting: take notice where I will have it
untrespassed upon, on penalty of the full wíte.”
Footnote 153:
See Vol. I. p. 312.
Footnote 154:
Cod. Dipl. No. 1086. Bishop Denewulf gave Ælfred forty hides at
Alresford, loaded with various conditions: among them, that his men
should be ready “ge tó ripe ge tó hunt[n]oðe,” that is at the bishop’s
harvest and hunting.
Footnote 155:
Cod. Dipl. No. 1287. Oswald bishop of Worcester, stating the terms on
which he let the lands of his see, includes among them the services of
his tenants at his hunting: “Sed et venationis sepem domini episcopi
[clearly _a park_] ultronei ad aedificandum repperiantur, suaque,
quandocumque domino episcopo libuerit, venabula destinent venatum.”
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