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
In 845, Æðelwulf gave pasture to Badonoð for his cattle with the king’s
beasts, apparently in the pastures of the town of Canterbury[159]. In
855, the same king gave his thane Dun a tenement in Rochester, together
with two waggon-loads of wood from the king’s forest, and common in the
marsh[160]. In 839 he licensed for Dudda two waggons to the common wood,
probably Blean[161]; in 772, Offa granted lands to Abbot Æðelnoð, and
added a perpetual right of pasture and masting in the royal wood,
together with licence for one goat to go with the royal flock in the
forest of Sænling[162]. Numerous other examples are supplied by the
charters, which may be classed under the following heads: first, royal
forests, as Sænling, Blean, Andred and the like, called _silvae
regales_, and in which the king granted timber, common of mast and
pasture or estovers: secondly, forest appertaining to cities and
communities (ceasterwara-weald, burhwara-weald, _silva communis_), in
which the king granted commons: thirdly, small woods, appurtenant to and
part of estates, but not named, and the enjoyment of which is conveyed
in the general terms of the grant, as _terram cum communibus
utilitatibus, pascuis, pratis, silvis, piscariis_, etc.: lastly, private
forests or commons of forest specially named as appurtenant to
particular estates, or given by favour of the king to the tenant of
those estates. To all these heads ample references will be found in the
note below[163]. His right to deal at pleasure with the _silvae regales_
requires no particular notice, but the grants of pasture and timber in
the forests of cities and communities[164] can only be explained by the
assumption of a paramount royalty in the Crown. And that this was
exercised in the private forests of monasteries, also appears from
exemptions sometimes purchased by them. In 706, Æðelweard of the Hwiccas
consented to confine his right of pasture to one herd of swine, and that
only in years when mast was abundant, in the forests belonging to
Evesham; and he released them from all claims of princes and officers,
except this one of his own[165]. Similarly, with regard to timber,
Ecgberht in 835 gave an immunity to Abingdon, against the claim of king
or prince, to take large or small wood for his buildings from the
forests of the monastery[166]. This right of the king to timber for
public purposes was maintained and claimed till the time of the
rebellion, and was a fertile source of malversation and extortion[167].
-----
Footnote 159:
Cod. Dipl. No. 259.
Footnote 160:
Cod. Dipl. No. 276. “Et decem carros cum silvo (_sic_) honestos in
monte regis, et communionem marisci quae ad illam villam antiquitus
cum recto pertinebat.”
Footnote 161:
Cod. Dipl. No. 241. “Duobusque carris dabo licentiam silfam ad illas
secundum antiquam consuetudinem et constituidem (_sic_) in aestate
perferendam in commune silfa quod nos saxonicae in geménnisse
dicimus.”
Footnote 162:
Public-domain text, read in full here on John Shaqi.
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