Anglo-Saxon law - Wikipedia

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Pre-conquest law in England
The initial page of Rochester Cathedral Library, MS A.3.5, the
Textus Roffensis
which contains the only surviving copy of Æthelberht's laws.
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Anglo-Saxon law
Old English
, later
lagu
law
dōm
decree
judgement
) was the legal system of
Anglo-Saxon England
from the 6th century until the
Norman Conquest
of 1066. It was a form of
Germanic law
based on unwritten custom known as folk-right and on written laws enacted by
kings
with the advice of their
witan
or council. By the later Anglo-Saxon period, a system of courts had developed to administer the law, while enforcement was the responsibility of
ealdormen
and royal officials such as
sheriffs
, in addition to self-policing (
friborh
) by local communities.
Originally, each
Anglo-Saxon kingdom
had its own laws. As a result of
Viking invasions
and settlement, the
Danelaw
followed
Scandinavian laws
. In the 10th century, a unified
Kingdom of England
was created with a single
Anglo-Saxon government
; however, different regions continued to follow their customary legal systems. The last Anglo-Saxon law codes were enacted in the early 11th century during the reign of
Cnut the Great
Development
edit
Before Christianisation
edit
The native inhabitants of England were
Celtic Britons
. The unwritten
Celtic law
was learned and preserved by the
Druids
, who in addition to their religious role also acted as judges. After the
Roman conquest of Britain
in the first century,
Roman law
was operative at least concerning
Roman citizens
. But the Roman legal system disappeared after the Romans left the island in the 5th century.
In the 5th and 6th centuries, the
Anglo-Saxons
migrated from continental Europe and established several
Anglo-Saxon kingdoms
. These had their own legal traditions based in
Germanic law
that "owed little if anything" to Celtic or Roman influences.
Anglo-Saxon law largely derived from unwritten customs termed folk-right (
Old English
folcriht
right or justice of the people
).
The older law of real property, of succession, of contracts, the customary tariffs of fines, were mainly regulated by folk-right. Customary law differed between local cultures. There were different folk-rights of
West
and
East Saxons
, of
East Angles
, of
Kentish
men,
Mercians
Northumbrians
Danes
Welshmen
, and these main folk-right divisions remained even when tribal kingdoms disappeared and the people were concentrated in one kingdom.
After Christianisation
edit
Following the
Christianisation of the Anglo-Saxons
, written law codes or "dooms" were produced.
The Christian clergy brought with them the art of letters, writing, and literacy.
The oldest Anglo-Saxon law codes, especially from Kent and Wessex, reveal a close affinity to Germanic law.
The first written Anglo-Saxon laws were issued around 600 by
Æthelberht of Kent
. Writing in the 8th century, the
Venerable Bede
comments that Æthelberht created his law code "after the examples of the Romans" (
Latin
iuxta exempla Romanorum
).
This likely refers to
Romanised
peoples such as the
Franks
, whose
Salic law
was codified under
Clovis I
. As a newly Christian king, Æthelberht's creation of his own law code symbolised his belonging to the Roman and Christian traditions. The actual legislation, however, was not influenced by Roman law. Rather, it converted older customs into written legislation, and, reflecting the role of the
bishops
in drafting it, protected the
English church
. The first seven clauses deal solely with compensation for the church.
Folk-right could be broken or modified by special law or special grant, and the fountain of such privileges was the royal power. Alterations and exceptions were, as a matter of fact, suggested by the interested parties themselves, and chiefly by the church. Thus a privileged land-tenure was created—
bookland
; the rules as to the succession of kinsmen were set at nought by concession of testamentary power and confirmations of grants and wills; special exemptions from the jurisdiction of the hundreds and special privileges as to levying fines were conferred. In process of time the rights originating in royal grants of privilege overbalanced, as it were, folk-right in many respects, and became themselves the starting-point of a new legal system—the
feudal
one.
In the 9th century, the
Danelaw
was conquered by
Danes
and governed under
Scandinavian law
. The word
law
itself derives from the
Old Norse
word
laga
. Starting with
Alfred the Great
r.
871–899
), the kings of
Wessex
united the other Anglo-Saxon peoples against their common Danish enemy. In the process, they created a single
Kingdom of England
. This unification process was completed under
Æthelstan
r.
924–939
).
There is a good deal of resemblance between the
capitularies
legislation of
Charlemagne
and his successors on one hand and the acts of Alfred,
Edward the Elder
, Æthelstan and
Edgar
on the other, a resemblance called forth less by direct borrowing of Frankish institutions than by the similarity of political problems and condition.
The
Norman Conquest
of 1066 ended the Anglo-Saxon monarchy. But Anglo-Saxon law and institutions survived and formed the foundation for the
common law
10
Legislation
edit
While custom was respected, kings could adapt the laws of their predecessors and also create new laws.
11
Royal law codes were produced in consultation with the
witan
, the king's council comprising the lay and ecclesiastical
nobility
12
Some law codes portrayed the witan as initiating new legislation and the king assenting to it. For example, one code begins, "these are the ordinances which the wise men established at Exeter, by the counsel of King Æthelstan".
13
Royal law codes were written to address specific situations and were intended to be read by people who were already familiar with the law.
The first law code was the
Law of Æthelberht
c.
602
), which put into writing the unwritten legal customs of Kent. This was followed by two later Kentish law codes, the
Law of Hlothhere and Eadric
c.
673
– c.
685
) and the
Law of Wihtred
(695). Outside of Kent,
Ine of Wessex
issued
a law code
between 688 and 694.
Offa of Mercia
r.
757–796
) produced a law code that has not survived. Alfred the Great, king of Wessex, produced a law code
c.
890
known as the
Doom Book
14
The prologue of Alfred's code states that the
Bible
and
penitentials
were studied as part of creating his code. In addition, older law codes were studied, including the laws of Æthelberht, Ine, and Offa. This may have been the first attempt to create a limited set of uniform laws across England, and it set a precedent for future English kings.
The
House of Wessex
became rulers of all England in the 10th century, and their laws were applied throughout the kingdom. Significant 10th-century law codes were promulgated by
Edward the Elder
Æthelstan
Edmund I
Edgar
, and
Æthelred the Unready
15
But regional variations in laws and customs survived as well. The
Domesday Book
of 1086 noted that distinct laws existed for Wessex, Mercia, and the Danelaw.
16
The
law codes of Cnut
r.
1016–1035
) were the last to be promulgated in the Anglo-Saxon period and are primarily a collection of earlier laws.
15
They became the main source for old English law after the Norman Conquest. For political reasons, these laws were attributed to
Edward the Confessor
r.
1042–1066
), and "under the guise of the
Leges Edwardi Confessoris
they achieved an almost mystical authority which inspired
Magna Carta
in 1215 and were for centuries embedded in the
coronation oath
."
17
The
Leges Edwardi Confessoris
is the best known of the
custumals
, compilations of Anglo-Saxon customs written after the Conquest to explain Anglo-Saxon laws to the new Norman rulers.
15
Language and dialect
edit
See also:
Legal English
The English dialect in which the Anglo-Saxon laws have been handed down is in most cases a common speech derived from the
West Saxon dialect
. Wessex formed the core of the unified Kingdom of England, and the royal court at
Winchester
became the main literary centre. Traces of the
Kentish dialect
can be detected in the
Textus Roffensis
, a manuscript containing the earliest Kentish laws.
Northumbrian
dialectical peculiarities are also noticeable in some codes, while
Danish words
occur as technical terms in some documents. With the Norman Conquest, Latin took the place of English as the language of legislation.
18
Courts
edit
The Anglo-Saxons developed a sophisticated system of assemblies or
moots
(the Old English words
mōt
and
ġemōt
mean "meeting").
19
Historians often call these assemblies
courts
; however, they were not like the specialised law courts that developed under
Angevin government
. These assemblies performed a variety of functions beyond judicial business. They issued legislation, organised and performed law enforcement, and witnessed transactions.
20
Vague references to courts appear in earlier laws. These texts use terms such as
folcegemot
public court or meeting
). Later laws use more specific terminology. The laws of Edgar (
r.
959–975
) outline a precise division of courts. The
hundred
court was to meet every four weeks. The
borough
court was to meet three times a year, and the
shire court
was to meet twice a year.
21
King's court
edit
In addition to being a legislator, the king was also a judge.
22
The king heard cases in the presence of his witan or council.
23
Kings could also hear and act on complaints alone, outside of a formal judicial context. The cases heard by the king included:
24
matters directly involving the king or royal property
treason
land disputes
appeals
from the decisions of lower courts
The law reserved some cases to the king's jurisdiction. In the laws of Cnut, they include:
25
26
mundbryce
(breach of the king's protection)
hamsocn
(assault on a person inside a house)
forsteal
(assault on a royal road)
fyrdwite
(fine for failing to perform military service)
In the
Danelaw
fihtwite
(fine for fighting) and
grithbryce
(infringement of the peace)
These reserved cases could only be tried in the presence of the king or a royal official, and the fines were paid into the royal treasury. The requirement that a royal official preside usually meant that these cases, if not heard directly by the king, were heard in the shire court.
27
Shire courts
edit
Main article:
Shire court
Scutchamer Knob
, visible for miles around, was the meeting place for Berkshire's court
28
The shire court was a royal court presided over by the
ealdorman
and local bishop as royal representatives. The
sheriff
might also be there, either alongside the ealdorman or in his stead.
29
It met twice a year around Easter and
Michaelmas
30
A law of Cnut allowed it to meet more often if necessary.
31
While the ealdorman and bishop presided over the court, they were not judges in the modern sense. Decisions were made by the local
thegns
(nobles) who attended the court as suitors (those who declared the law and made judgements).
30
32
Litigants and their supporters (such as
oath-helpers
) would also be present.
31
The shire court likely addressed the most serious crimes, such as death penalty cases. The shire was also the most likely setting for cases reserved to the king
(see
above
. The shire court witnessed land purchases, and it also adjudicated land disputes.
29
Hundred courts
edit
Most people experienced the judicial system through their local
hundred
or
wapentake
26
The hundred court met monthly and was presided over by a royal
reeve
33
The laws of Edward the Elder and Æthelstan required reeves to ensure everyone received the benefits of folk-right and royal law.
34
The hundred had a role in witnessing transactions. Edgar's law required all sales and purchases (such as land, cattle, and the
manumission
of slaves) to be witnessed by 12 men chosen by the hundred.
35
The hundred handled criminal cases, civil cases, land disputes, and
tort
36
It heard accusations of theft not involving the death penalty and may have executed thieves caught in the act; however, most serious offences were reserved to the shire court's jurisdiction.
35
The hundred handled most ecclesiastical cases (such as
tithe
and marriage cases),
37
and the bishop or his representative was expected to attend.
36
Each hundred was responsible for policing itself through a system called
friborh
peace-pledge
). Free men were organised into groups of 10 or 12 called
tithings
. They pledged to be law abiding and to report crimes on pain of
amercement
. When a crime was committed, the victim or witnesses could raise the "
hue and cry
", requiring all able-bodied men to pursue the suspect.
38
The Hundred Ordinance attributed to Edgar commands, "if the need is pressing, the man in charge of the hundred is to be told, and he then is to tell the men in charge of the tithings; and all are to go forth, where God guides them, that they may reach [the thief]. Justice is to be done on the thief as Edmund decreed previously."
39
Suspects who escaped were declared
outlaws
, and it was said that they "wore the wolf's head", meaning they could be hunted and killed like wolves.
40
The identities of suitors to the hundred court are unclear. Cnut's law required all freemen 12 years and older to belong to a hundred and tithing. However, this law referred to peacekeeping, and it is unknown if all free men would have attended the hundred court.
41
It is possible that local thegns (or their
bailiffs
) controlled the court and made its decisions.
42
Decisions of a hundred court could be appealed to the shire or to the king. Before
distraining
property, Cnut's law required a man to seek justice three times in the hundred court and, failing that, to appeal to the shire court. Other laws required plaintiffs to seek justice in hundred courts before appealing to the king.
43
Borough courts
edit
Boroughs
were separate from the hundreds and had their own courts (variously termed burghmoot, portmanmoot, or
husting
).
These met three times a year.
33
Like hundreds, boroughs were required to appoint official witnesses for all transactions, 36 witnesses for large boroughs and 12 witnesses for small ones.
35
While initially a regular court, the borough court developed into a special court for the
law merchant
44
Franchisal courts
edit
Further information:
Franchise jurisdiction
The king could grant judicial rights and powers to a lord over his lands or over entire hundreds. It was common for royal
writs
granting such rights to include the phrases "
sake and soke
" and "sake and soke,
toll and team
, and
infangentheof
."
45
Sake and soke: right to hold a court with similar jurisdiction to a hundred court and to collect judicial fines.
46
Toll: right to charge
tolls
45
Team: right to judge whether goods were acquired in good faith and to collect fines from offenders.
45
Infangentheof
: right to
summary
trial and execution of thieves caught in the act.
45
Sometimes further rights were granted, such as jurisdiction over
mundbryce
(breach of the king's protection),
hamsocn
(assault on a person inside a house), and
forsteal
(assault on a royal road).
45
The king could revoke all of these grants.
47
Church courts
edit
Synods
dealt with legal disputes. Initially, synods may have had jurisdiction over cases involving
bookland
since this form of
land tenure
originated within the church.
48
The king could also grant the church (either the bishop of a
diocese
or the
abbot
of a
religious house
) the right to administer a hundred. The hundred's reeve would then answer to the bishop or abbot. The same cases would be tried as before, but the profits of justice would now go to the church.
49
One such hundred was the
Soke of Peterborough
Trial procedure
edit
While common legal procedures existed, they can be difficult to reconstruct due to lack of evidence and variation in local custom. Shires possessed their own local traditions, and the Danelaw deviated in important ways from other parts of England.
50
Accusation and denial
edit
Legal proceedings began with an accusation by an aggrieved party. In addition, tithing groups could
present
accusations as part of the system of
friborh
(see
above
37
In cases involving royal rights, accusations could be brought by royal officials.
51
There were two types of cases that could be brought to court. In the first kind, a party claimed they or, in the case of homicide, a relative had been wronged. In the second kind, a claimant asserted that another party was in possession of movable or immovable property rightfully belonging to the claimant. The outcome sought could vary based on the type of case. Claimants might seek restoration of property, compensation, or the offender's punishment.
52
The initiating party formally stated his charge with a fore-oath. An example formula in the anonymous text
Swerian
states, "by the Lord, I accuse N. neither for hatred nor for calumny nor for unjust gain; nor do I know anything more true, except as my informant told me and I myself truly relate that he was the thief of my cattle".
53
If strong evidence existed, the accuser would not need to make a fore-oath. However, false accusations were severely punished; the offender would lose his tongue unless he redeemed himself by paying his
wergeld
54
The defendant had to appear in court at the scheduled time or provide an
essoin
(excuse) for not attending.
55
Surety (
Old English
borh
) could be required to ensure the accused attended court and did not attempt to flee justice. This could take the form of a financial pledge, but it also included people standing as pledges. If the accused could find no people to stand surety and had no property to pledge, then he would be imprisoned. The man's kinsmen or lord had a particular responsibility to act as surety for him. If a man fled justice, his surety had to pay his wergeld to the king or to the entitled party.
56
The accused had to formally deny the accusation in person; however, women and the mute or deaf needed a representative. The denial took the form of an oath, such as "by the Lord, I am guiltless, both in deed and counsel, of the accusation of which N. accuses me".
57
Argument and mesne judgement
edit
After the initial accusation and denial, the parties themselves (or their supporters) were able to argue their case. Each side told their version of the facts of the case, which could be supported by witnesses or written evidence (such as the well-known
Fonthill Letter
). Arguments could also cite folk-right or legal norms.
58
Following the arguments, the court might issue a mesne or intermediate judgement. A mesne judgement might declare the form of proof to be used in the trial and which party should provide that proof. Alternatively, a mesne judgement could appoint a smaller group of people to decide a case.
59
Proof
edit
Evidence
edit
Witnesses were an important form of evidence, especially in cases involving property. The parties might bring their own witnesses, but the official presiding over the court might also search for witnesses.
60
Charters
and other documents could help decide land disputes.
40
Physical evidence could also be utilised. The Fonthill Letter recounts that a cattle thief named Helmstan was scratched in the face by a bramble while fleeing the scene of the crime. In court, the scratch was used as evidence against him.
61
Oath
edit
Main article:
Compurgation
In compurgation or trial by oath, a
defendant
swore oaths to prove his innocence without
cross-examination
. A defendant was expected to bring oath-helpers (
Latin
juratores
), neighbours willing to swear to his good character or "oathworthiness". In the Christian society of Anglo-Saxon England, a false oath was a grave offence against God and could endanger one's immortal soul.
62
63
In Anglo-Saxon law, "denial is always stronger than accusation".
64
The defendant was acquitted if he produced the necessary number of oaths.
62
If a defendant's community believed him to be guilty or generally untrustworthy, he would be unable to gather oath-helpers and would lose his case.
65
This system was vulnerable to abuse. A defendant might be unable to gather oath-helpers because his opponent was more powerful or influential within the community.
66
The number of oaths needed depended on the seriousness of the accusation and the person's social status. If the law required oaths valued at 1200
shillings
, then a thegn would not need any oath-helpers because his wergeld equalled 1200 shillings. However, a
ceorl
(200 shilling wergeld) would need oath-helpers.
64
Ordeal
edit
When a defendant failed to establish his innocence by oath in criminal cases (such as murder, arson, forgery, theft and
witchcraft
), he might still redeem himself through trial by ordeal. Trial by ordeal was an appeal to God to reveal
perjury
, and its divine nature meant it was regulated by the church. The ordeal had to be overseen by a priest at a place designated by the bishop. The most common forms in England were
ordeal by hot iron
and
ordeal by water
67
Before a defendant was put through the ordeal, the
plaintiff
had to establish a
prima facie
case under oath. The plaintiff was assisted by his own supporters or "suit", who might act as witnesses for the plaintiff.
63
Final judgement
edit
The final judgement was made collectively by the suitors of the court, especially the thegns. In the Danelaw, judgement might be made by a group of "doomsmen" or judges. There is also evidence that those presiding over the court sometimes issued their own judgements.
68
A court could order the guilty party to pay a fine, compensate a victim, or
forfeit
property. A religious penalty, such as a
penance
, might also be imposed. In land disputes, a court could order the restoration of property to a successful litigant. Sometimes resolutions took the form of compromise. For example, a party who lost their claim to land might be given a
life-tenure
in the property.
69
The most serious crimes (murder, treachery to one's lord, arson, house-breaking, and open theft) were punishable by death and forfeiture.
Hanging
by the
gallows
and
beheading
were common forms of execution. A woman convicted of murder by witchcraft was punished by
drowning
70
According to the
laws of Æthelstan
, thieves over 15 years of age who stole more than 12
pence
were to be executed (men by
stoning
, women by
burning
, and free women could be
pushed off a cliff
or
drowned
).
71
In Cnut's code, a first criminal offence usually merited compensation to victims and fines to the king. Later offences saw progressively severe forms of bodily mutilation. Cnut also introduced
outlawry
, a punishment only the king could remove.
16
Anglo-Saxon law assumed that a man's wife and children were his accomplices in any crime. If a man could not return or pay for stolen property, he and his family could be enslaved.
72
Kinship law
edit
One of the foundations of Anglo-Saxon law was the extended family or kindred (Old English:
mægþ
). Membership in a kindred provided the individual with protection and security.
73
In the case of homicide, the victim's family was responsible for avenging him or her through a
blood feud
. The law set criteria for legitimate blood feuds. A family did not have the right to retaliate if a member was killed while stealing property, committing
capital crimes
, or resisting capture. A person was exempt from retaliation if he killed while:
74
Fighting for his lord
Protecting his family from attack
Defending his wife, daughter, sister, or mother from attempted rape (the murder had to take place during the attack)
Kings and the church promoted financial compensation (Old English:
bote
) for death or injury as an alternative to blood feuds. In the case of death, the victim's family was owed the
weregild
("man price"). A person's weregild was greater or lesser depending on social status.
75
Cnut's code allowed
secular clergy
to demand or pay compensation in a feud. However,
monks
were prohibited because they had abandoned their "kin-law when [they bowed] to [monastic] rule-law".
76
Social class
edit
Further information:
Slavery in Britain
A man had to own at least five
hides
of land to be considered a
thegn
(nobleman). Ealdormen (and later earls) were the highest-ranking nobles. High-ranking churchmen such as archbishops, bishops, and abbots also formed part of the aristocracy.
77
There were various categories of freemen:
78
Geneats
performed riding service (carried messages, transported strangers to the village, cared for horses, and acted as the lord's bodyguard)
Ceorls
held one to two hides of land
Geburs
held a
virgate
of land
Cotsetlan
(cottage dwellers) held five acres
Homeless labourers were paid in food and clothing
Thegns enjoyed greater rights and privileges than did ordinary freemen. The weregild of a
ceorl
was 200
shillings
while that of a thegn was 1200. In court, a thegn's oath was equal to the oath of six
ceorls
79
Slavery was widespread in early medieval England. The price of a slave (
Old English
þēow
) or
thrall
Old Norse
þræll
) was one
pound
or eight oxen. If a slave was killed, his murderer only had to pay the purchase price because slaves had no wergild. Because slaves had no property, they could not pay fines as a punishment for crime. Instead, slaves received corporal punishments such as flogging, mutilation, or death.
80
Slavery was an inherited status. The slave population included the conquered Britons and their descendants. Some people were enslaved as war captives or as punishment for crimes (such as theft). Others became slaves due to unpaid debts. While owners had extensive power over their slaves, their power was not absolute. Slaves could be manumitted; however, only second- or third-generation descendants of freed slaves received all the privileges of a freeman.
81
82
44
Slavery may have declined in the late eleventh century as it was considered a pious act for Christians to free their slaves on their deathbed. The church condemned the sale of slaves outside the country, and the internal trade declined in the twelfth century. It may have been more economic to settle slaves on land than to feed and house them, and the change to serfdom was probably an evolutionary change in status rather a clear distinction between the two.
83
Land law
edit
Further information:
History of English land law
Types
edit
Land in Anglo-Saxon England can be divided into three types:
bookland
, loanland, and folkland.
84
When a royal
charter
Old English
boc
) transferred land ownership from the king to another person, the land was known as bookland (
Old English
bocland
). Owning bookland carried three important benefits. First,
food rent
and other services owed to the king (except for the
trinoda necessitas
) were transferred to the new owner.
85
Second, the charter itself served as important evidence of ownership in case of a dispute. Third, the charter granted perpetual ownership to the grantee and his heirs unless freely
alienated
. The king had special jurisdiction over legal disputes involving bookland, and sometimes the king had to consent to its alienation. Originally, only
religious houses
received bookland, but kings started granting it to
laymen
in the late 8th century.
86
When a king, religious house, or lay lord
leased
property to others, it became loanland (
Old English
lænland
). Most of the surviving evidence involves leases from religious houses. Sometimes land was leased to pay back a monetary loan; as part of such an agreement, a lender paid a
lump sum
of money to the borrower in exchange for the right to collect the loanland's income for a set period (commonly three lives). For example, one document records loanland granted for three years in return for a loan of £3. Leases were witnessed in court, and written documents have survived, such as
chirographs
87
The meaning of folkland (
Old English
folcland
) is unclear, and historians have proposed at least three definitions. The first view, popular in the 19th century, is that folkland was a form of communal property belonging to the nation (the folk). The second view is that it belonged to the Crown but was separate from the king's personal property; it could therefore be leased but not permanently alienated. The third view is that folkland referred to land held according to custom or tradition, which included all land except bookland.
88
Lordship and dependents
edit
Lords granted peasants land in return for rent and labour. It was also common for free peasants who owned their land to submit to a lord for protection through a process called
commendation
. Peasants who commended their land owed their lord labour service. Theoretically, a commended peasant could transfer his land to a new lord whenever he liked. In reality, this was not permitted. By 1066,
manorialism
was entrenched in England.
89
Inheritance
edit
Many parts of England (including Kent, East Anglia, and Dorset) practised forms of
partible inheritance
in which land was equally divided among heirs. In Kent, this took the form of
gavelkind
90
Peace and protection
edit
Main articles:
Mund (law)
and
Frith
Every house had a peace (Old English:
mund
). Intruders and other violators of the peace had to pay a fine called a
mundbyrd
. A man's status determined the amount of the
mundbyrd
. The laws of Æthelberht set the
mundbyrd
for the king at 50
shillings
, the eorl (noble) at 12s., and the ceorl (freeman) at 6s. In Alfred the Great's time, the king's
mundbyrd
was £5.
91
Mund
is the origin of the
king's peace
82
Initially, the king's
mund
was limited to the royal residence. As royal power and responsibilities grew, the king's peace was applied to other areas: shire courts, hundred courts, highways, rivers, bridges, churches, monasteries, markets, and towns. Theoretically, the king was present at these places. King's imposed fines called wites as punishments for
breaches of the king's peace
92
Individuals received protection through kinship ties or by entering the service of a lord.
93
The king could grant individuals a personal peace (or
grith
). For example, the king's peace protected his counselors when travelling to and from meetings of the witan.
94
Foreign traders and others not protected by lordship or kinship ties were under the king's protection.
95
Compensation
edit
Further information:
Weregild
Anglo-Saxon law mandated that a person pay compensation when injuring another person. The injured body part determined the amount of compensation. According to Æthelberht's law, pulling someone's hair cost 50
sceattas
, a severed foot cost 50 shillings, and "damaging the kindling limb" (the reproductive organs) cost 300 shillings.
96
In the case of murder, the victim's kindred could forego a blood feud in return for payment of a
wergild
. In addition to paying the king a wite (fine), the killer also owed compensation to the victim's lord. Some crimes could not be satisfied by financial compensation. These botless crimes were punished with death or forfeiture of property. They included:
97
secret murder, such as by poison or witchcraft
treachery to one's lord
arson
house-breaking
open theft
Religion and the church
edit
Main article:
Christianity in Anglo-Saxon England
The creation of written law codes coincided with Christianisation, and the church received special privileges and protections in the earliest codes. The
Law of Æthelberht
demanded compensation for offences against church property:
98
12-fold compensation for church property
11-fold for a
bishop's
property
9-fold for a
priest's
property
6-fold for a
deacon
's property
3-fold for a
cleric's
property
In the late 7th century, the laws of Kent and Wessex supported the church in various ways. Failure to receive
baptism
was punished with a financial penalty, and the oath of a
communicant
was worth more than a non-communicant in legal proceedings. Laws supported
Sabbath
observance and payment of church-
scot
(church dues). Laws also established rights to church
sanctuary
(see
Right of asylum in Medieval England
99
See also
edit
History of English law
Government in Norman and Angevin England
Cyfraith Hywel
(Wales)
Early Irish law
Leges inter Brettos et Scottos
(Scotland)
Citations
edit
Baker 2019
, pp. 3–4.
Potter 2015
, p. 9.
Baker 2019
, p. 10.
Vinogradoff 1911
, p. 37.
Potter 2015
, p. 10.
Baker 2019
, p. 4.
Ecclesiastical History of the English People
II.5 quoted in
Potter 2015
, p. 12.
Potter 2015
, pp. 10–12.
Baker 2019
, p. 5.
Potter 2015
, pp. 9–10.
Hudson 2012
, p. 21.
Lyon 1980
, p. 47.
IV Æthelstan
1, printed in
Liebermann 1903
, pp. 146–183. Quoted in
Hudson 2012
, p. 25.
Lyon 1980
, pp. 3–4.
Lyon 1980
, p. 4.
Potter 2015
, p. 21.
Baker 2019
, p. 6.
Vinogradoff 1911
, p. 35–36.
Baker 2019
, p. 14, footnote 12.
Hudson 2012
, p. 43.
Hudson 2012
, pp. 47–48.
Hudson 2012
, p. 17.
Potter 2015
, p. 23.
Hudson 2012
, pp. 44–45.
Loyn 1984
, pp. 126–127.
Hudson 2012
, p. 50.
Warren 1987
, pp. 43 & 49.
Potter 2015
, pp. 24–25.
Hudson 2012
, pp. 49–50.
Loyn 1984
, p. 139.
Hudson 2012
, p. 49.
Lyon 1980
, p. 66.
Potter 2015
, p. 24.
Baker 2019
, p. 11.
Hudson 2012
, p. 54.
Loyn 1984
, p. 143.
Potter 2015
, p. 25.
Potter 2015
, pp. 25–26.
Hundred Ordinance
2, printed in
Liebermann 1903
, pp. 192–195. Quoted in
Hudson 2012
, p. 52.
Potter 2015
, p. 26.
Hudson 2012
, pp. 52–53.
Lyon 1980
, p. 68.
Hudson 2012
, pp. 45 & 54.
Lyon 1980
, p. 91.
Hudson 2012
, p. 59.
Baker 2019
, pp. 11–12.
Baker 2019
, p. 12.
Hudson 2012
, p. 63.
Jolliffe 1961
, pp. 69–71.
Hudson 2012
, p. 66.
Hudson 2012
, p. 72.
Hudson 2012
, p. 70.
Swerian
4 printed in
Liebermann 1903
, pp. 396–399. Quoted in
Hudson 2012
, p. 71.
Hudson 2012
, p. 71.
Lyon 1980
, p. 99.
Hudson 2012
, pp. 73–74.
Swerian
5 printed in
Liebermann 1903
, pp. 396–399. Quoted in
Hudson 2012
, p. 75.
Hudson 2012
, pp. 76–77.
Hudson 2012
, p. 78.
Hudson 2012
, p. 80.
Hudson 2012
, p. 81.
Potter 2015
, pp. 26–27.
Baker 2019
, p. 7.
Lyon 1980
, p. 100.
Lyon 1980
, p. 101.
Hudson 2012
, p. 84.
Potter 2015
, pp. 28–29.
Hudson 2012
, pp. 87–88.
Hudson 2012
, pp. 89–90.
Lyon 1980
, p. 92.
Potter 2015
, p. 19.
Lyon 1980
, p. 94.
Lyon 1980
, p. 83.
Lyon 1980
, pp. 83–84.
Potter 2015
, pp. 10–14 & 36.
Fletcher 2003
, p. 118 quoted in
Potter 2015
, p. 21.
Lyon 1980
, p. 89.
Lyon 1980
, p. 90.
Lyon 1980
, pp. 89–90.
Lyon 1980
, pp. 90–91.
Green 2017
, pp. 11 & 121.
Jolliffe 1961
, p. 5.
Green 2017
, pp. 121–122.
Hudson 2012
, p. 94.
Lyon 1980
, p. 77.
Hudson 2012
, pp. 94 & 97.
Hudson 2012
, pp. 98–99.
Hudson 2012
, p. 102.
Lyon 1980
, pp. 77–78 & 80.
Jolliffe 1961
, p. 4.
Lyon 1980
, p. 41.
Lyon 1980
, p. 42.
Jolliffe 1961
, p. 15.
Lyon 1980
, p. 43.
Yorke 1990
, p. 18.
Potter 2015
, p. 13.
Lyon 1980
, pp. 84 & 92.
Loyn 1984
, p. 44.
Loyn 1984
, p. 45.
References
edit
Baker, John
(2019).
An Introduction to English Legal History
(5th ed.). Oxford University Press.
ISBN
978-0-19-254074-4
Fletcher, Richard
(2003).
Bloodfeud: Murder and Revenge in Anglo-Saxon England
. Oxford.
ISBN
9780195179446
Green, Judith A.
(2017).
Forging the Kingdom: Power in English Society, 973–1189
. Cambridge University Press.
ISBN
9780521193597
Hudson, John
(2012).
The Oxford History of the Laws of England: 871-1216
. Vol. 2. Oxford University Press.
doi
10.1093/acprof:oso/9780198260301.001.0001
ISBN
9780198260301
Jolliffe, J. E. A. (1961).
The Constitutional History of Medieval England from the English Settlement to 1485
(4th ed.). Adams and Charles Black.
Liebermann, Felix
(1903).
Die Gesetze der Angelsachsen
(in German). Vol. 1. Halle: M. Niemeyer.
Loyn, H. R.
(1984).
The Governance of Anglo-Saxon England, 500–1087
. Governance of England. Vol. 1. Stanford University Press.
ISBN
9780804712170
Lyon, Bryce
(1980).
A Constitutional and Legal History of Medieval England
(2nd ed.). W. W. Norton & Company.
ISBN
0-393-95132-4
1st edition available to read online
here
Potter, Harry (2015).
Law, Liberty and the Constitution: A Brief History of the Common Law
. Boydell Press.
ISBN
9781783270118
Vinogradoff, Paul
(1911).
"Anglo-Saxon Law"
Encyclopædia Britannica
. Vol. 2 (11th ed.). pp.
35–
38.
Warren, W. L.
(1987). "The Anglo-Saxon Legacy".
The Governance of Norman and Angevin England, 1086–1272
. The Governance of England. Vol. 2. Stanford, CA, US: Stanford University Press. pp.
25–
55.
ISBN
0-8047-1307-3
Yorke, Barbara
(1990).
Kings and Kingdoms of Early Anglo-Saxon England
. B. A. Seaby.
ISBN
0-415-16639-X
Further reading
edit
Editions
edit
Felix Liebermann
Die Gesetze der Angelsachsen
(Halle, 1903–1916), 3 vols. with translations, notes and commentary is indispensable.
Die Gesetze der Angelsachsen
(in German). Vol. 1. Halle: M. Niemeyer. 1903.
(edition and translation)
Die Gesetze der Angelsachsen
(in German). Vol. 2. Halle: M. Niemeyer. 1906.
(dictionary and glossary)
Die Gesetze der Angelsachsen
(in German). Vol. 3. Halle: M. Niemeyer. 1916.
(commentary)
Lisi Oliver
The Beginnings of English Law
(Toronto, 2002), text, translation, and commentary for the laws of Aethelbert, Hlohere, Eadric, and Wihtred.
Reinhold Schmid
Gesetze der Angelsachsen
(2nd ed., Leipzig, 1858), full glossary.
Benjamin Thorpe
Ancient Laws and Institutes of England
(1840), not very trustworthy.
Domesday Book
, i. ii. (Rec. Comm.);
Codex Diplomaticus Aevi Saxonici
, i.-vi. ed.
J. M. Kemble
(1839–1848);
Cartularium Saxonicum
(up to 940), ed.
Walter de Gray Birch
(1885–1893);
John Earle
A Hand-book to the Land Charters, and other Saxonic Documents.
(Oxford, 1888);
Benjamin Thorpe,
Diplomatarium Anglicum aevi Saxonici: a collection of English charters ... with a translation of the Anglo-Saxon
(London, 1865)
Facsimiles of Ancient Charters, edited by the
Ordnance Survey
and by the
British Museum
Arthur West Haddan
and
William Stubbs
Councils of Great Britain
, i.-iii. (Oxford, 1869–1878).
Agnes J. Robertson,
The Laws of the Kings of England from Edmund to Henry I
(Cambridge, 1925)
Modern works
edit
Konrad Maurer
Über Angelsachsische Rechtsverhaltnisse, Kritische Ueberschau
(Munich, 1853 ff.), account of the history of Anglo-Saxon law;
Essays on Anglo-Saxon Law
, by H. Adams, H. C. Lodge, J. L. Laughlin and E. Young (1876);
J. M. Kemble
Saxons in England
F. Palgrave
History of the English Commonwealth
William Stubbs
Constitutional History of England
, i.;
Sir Frederick Pollock and Frederic William Maitland,
History of English Law Before the Time of Edward I
, (1895)
H. Brunner
Zur Rechtsgeschichte der römisch-germanischen Urkunde
(1880);
Sir Frederick Pollock
The King's Peace
(Oxford Lectures);
Frederic Seebohm
The English Village Community
Frederic Seebohm,
Tribal Custom in Anglo-Saxon Law
Heinrich Marquardsen
Haft und Burgschaft im Angelsachsischen Recht
Hermann Jastrow
Über die Strafrechtliche Stellung der Sklaven
Otto von Gierke
's
Untersuchungen
, i.;
J. C. H. R. Steenstrup
Normannerne
, iv.;
F. W. Maitland
Domesday and Beyond
(Cambridge, 1897);
H. M. Chadwick
Studies on Anglo-Saxon Institutions
(1905);
Charles E. Tucker, Jr.
, "Anglo-Saxon Law: Its Development and Impact on the English Legal System" (USAFA Journal of Legal Studies, 1991)
P. Vinogradoff
, "
Folcland
" in the
English Historical Review
, 1893;
P. Vinogradoff, "
Romanistische Einflusse im Angelsächsischen Recht: Das Buchland
" in the Mélanges Fitting, 1907;
P. Vinogradoff, "
The Transfer of Land in Old English Law
" in the
Harvard Law Review
, 1907.
Patrick Wormald
The Making of English Law: King Alfred to the Twelfth Century
, Vol I, (Blackwell, 1999)
Jay Paul Gates and Nicole Marafioti, eds. 2014.
Capital and Corporal Punishment in Anglo-Saxon England
. Woodbridge: Boydell & Brewer.
ISBN
9781843839187
Simon Keynes and Michael Lapidge,
Alfred the Great: Asser's life of King Alfred and other Contemporary sources
(Penguin Classics, 1983)
External links
edit
Medieval Sourcebook: The Anglo-Saxon Dooms, 560-975
Medieval Sourcebook: Medieval legal history
Laws of Alfred and Ine
(georgetown.edu)
Anglo-Saxon Law: Its Development and Impact on the English Legal System
(Charles Tucker, USAFA Journal of Legal Studies)
Early English Laws research project
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