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
Cod. Dipl. No. 119. “Et ad pascendum porcos et pecora, et iumenta in
silva regali aeternaliter perdono; et unius caprae licentiam in silva
quae vocatur Saenling ubi meae vadunt.”
Footnote 163:
Royal forests in which common of pasture, or timber is given by the
king. Cod. Dipl. Nos. 77, 107, 108, 201, 207, 234, 239, etc. Civic and
common forests in which the king makes similar grants. Cod. Dipl. Nos.
96, 160, 179, 190, 198, 216, 219, etc. Private forests, conveyed in
general terms of the grant. Cod. Dipl. Nos. 16, 17, 27, 32, 35, 36,
80, 83, 85, etc. Private forests particularly defined as appurtenant.
Cod. Dipl. Nos. 80, 89, 138, 152, 161, 165, 187, 214, etc.
Footnote 164:
Cod. Dipl. Nos. 47, 86, 96, etc.
Footnote 165:
Cod. Dipl. No. 56. “Excepto eo, ut si quando in insula eidem ruri
pertinente proventus copiosior glandis acciderit, uni solummodo gregi
porcorum saginae pastus regi concederetur; et praeter hoc nulli, neque
principi, neque praefecto, neque tiranno alicui, pascua
constituantur.” This right of the king’s was called _Fearnleswe_: “Et
illam terram ... liberabo a pascua porcorum regis quod nominamus
Fearnleswe.” Cod. Dipl. No. 277.
Footnote 166:
Cod. Dipl. No. 236. “Silva quoque omnis quae illi aecclesiae et
suburbanis eius suppetit, in omnibus causis sit libera, et non secetur
ibi ad regis vel principis aedificia aliqua pars materiae grossi vel
gracilis, sed ab omnibus defensa et libera maneat.” Compare Böhm. Reg.
Karol. Nos. 387, 1157, 1598.
Footnote 167:
From a speech of Lord Bacon’s against the abuses of purveyors, it
appears that those who were to purvey timber for the king, even as
late as the reign of James the First, used to extort money by the
threat of felling ornamental trees in the avenues or grounds of
mansion-houses. Barrington, Anc. Stat. p. 7, note.
-----
STRANGER.—To the king belonged also the protection of all strangers
within his realm, and the consequent claim to a portion of their
wergyld, and their property in case of death, a _droit d’aubaine_. This
was a natural deduction from the principles of a period and a state of
society in which every man’s security was founded upon association
either with relatives or guildsmen: and as no one could have these in a
foreign mark,—the associations being themselves in intimate connection
with the territory,—it is obvious that the public authorities alone
could exercise any functions in behalf of the solitary chapman. As
general conservator of the peace, these necessarily fell to the king;
but the duties and advantages which he thus assumed became in turn
matter of grant, and were conferred by him upon other public persons or
corporations.
Public-domain text, read in full here on John Shaqi.
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