Waif and stray was a legal privilege commonly granted by
the Crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
to landowners under
Anglo-Norman law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality befor ...
. It usually appeared as part of a standard formula in charters granting privileges to estate-holders, along the lines of "with
sac and soc
__NOTOC__
The term ''soke'' (; in Old English: ', connected ultimately with ', "to seek"), at the time of the Norman conquest of England, generally denoted "jurisdiction", but its vague usage makes it lack a single, precise definition.
Anglo-Saxo ...
,
toll and team
Toll and team (also spelled ''thol and theam'') were related privileges granted by the Crown to landowners under Anglo-Saxon and Anglo-Norman law. First known from a charter of around 1023, the privileges usually appeared as part of a standard for ...
,
infangthief and outfangthief
Infangthief and outfangthief were privileges granted to feudal lords (and various corporate bodies such as abbeys and cities) under Anglo-Saxon law by the kings of England. They permitted their bearers to execute summary justice (including capital ...
" and so on.
A ''waif'' was an item of ownerless and unclaimed property found on a landowner's territory, while a ''stray'' referred to a domestic animal that had wandered onto the same land. Both terms originated from
Anglo-Norman French
Anglo-Norman (; ), also known as Anglo-Norman French, was a dialect of Old Norman that was used in England and, to a lesser extent, other places in Great Britain and Ireland during the Anglo-Norman period.
Origin
The term "Anglo-Norman" har ...
. A grant of waif and stray permitted the landowner to take ownership of such goods or animals if they remained unclaimed after a set period of time. In late medieval England, the management of waifs and strays required the coordination and cooperation of lords and the local communities they presided over.
In later centuries, the expression "waifs and strays" came to be used as metaphors for – and ultimately became synonymous with – abandoned or neglected children.
See also
*
Estray
Estray, in common law, is any domestic animal found wandering at large or lost, particularly if its owner is unknown. In most cases, this implies domesticated animals rather than pets.
Under early English common law, estrays were forfeited to the ...
References
{{Wiktionary, waif, stray
English legal terminology
Medieval law