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
However this may have been with the game, it is certain that the most
important privileges were those of masting swine, and cutting timber or
brushwood in the forests[156]. Grants to this effect are common, and it
is plain that a considerable quantity of woods were in the hands of
corporations, and even of private individuals, as well as of the Crown.
How they came into private hands is not clear; some perhaps by bargain
and sale, some by inheritance, some by grant, some no doubt by
usurpation. The most powerful markman may at last have contrived to
appropriate to himself the ownership of what woodland remained, though
he was still compelled to permit the hereditary axe to ring in the
forest[157]; and all experience shows that both here and in Germany
monasteries were often founded in the bosom of woods, granted for
religious purposes, out of what perhaps had once endowed an earlier
religion, and which supplied at once building materials, fuel and
support for cattle[158]. But even in these, it seems that the king, the
duke and the geréfa interfered, claiming a right to pasture certain
numbers of their own swine or cattle in them, and to give this privilege
to others.
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Footnote 156:
The importance of pannage or masting was such as to cause the
introduction of a clause guarding it, in the Charta de Foresta,—a
document considered by our forefathers as hardly less important than
Magna Charta itself: see § 9. Domesday usually notes the amount of
pannage in an estate, and Fleta (Bk. ii. cap. 80) thinks it necessary
to devote a chapter to the subject.
Footnote 157:
The Oldsaxons in Westphalia called a distinguished class of persons
Erfexe, or Hereditary axes, from their right to hew wood in the Mark.
Möser (Osnab. i. 19) gives an erroneous derivation for this name, but
Grimm corrects him: Deut. Rechtsalt. 504.
Footnote 158:
“Dunhelmum veniens, locum quidem natura munitum, sed non facile
habitabilem invenit, quoniam densissima eum silva totum occupabat,”
etc. Transl. Sci. Cuðb. Bed. Hist. vol. ii. p. 302. The earliest
grants of land on which these establishments were placed, usually
state the land to be _silva_ or _silvatica_.
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