Waif and stray was a legal privilege commonly granted by
the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
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.
Principal elements of English law
Although the common law has, historically, bee ...
. 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 probably lack a single, precise definition.
An ...
,
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 form ...
,
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 ( nrf, Anglo-Normaund) ( French: ), was a dialect of Old Norman French that was used in England and, to a lesser extent, elsewhere in Great Britain and Ireland during the Anglo-Norman period.
When ...
. 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 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 law, is any domestic animal found wandering at large or lost, particularly if the owner is unknown. In most cases this includes domesticated animals and not pets.
Under early English common law, estrays were forfeited to the king or lor ...
References
{{Wiktionary, waif, stray
English legal terminology
Medieval law