Anglo-Saxon law
Anglo-Saxon law encompasses the system of legal rules and customs that governed Britain from the fifth century until the late eleventh century, emerging from the traditions of Germanic tribes following the decline of Roman influence. During this period, laws were primarily enforced at the local level due to the absence of a central policing authority. The legal framework emphasized restitution and compensation, with a structured system of penalties based on social standing and the nature of the offense. Notably, the first codified laws emerged under King Æthelberht of Kent, establishing a practice known as wergeld, which set monetary values for various offenses depending on the victim's status.
As the Anglo-Saxon kingdoms consolidated, a more organized court system developed, allowing local customs to coexist with royal decrees. Communities were organized into tithings and hundreds for administrative purposes, with local courts handling disputes. The judicial process heavily relied on oaths, where accusations were supported by community members, and the trial outcomes could involve severe punishments, including capital punishment, or restitution. In cases where innocence was disputed, defendants could opt for trial by ordeal, a practice that assessed guilt through physical challenges believed to invoke divine judgment. Despite the eventual Norman conquest in 1066, elements of Anglo-Saxon legal principles can be traced in modern English common law.
On this Page
Subject Terms
Anglo-Saxon law
Anglo-Saxon law refers to the body of written rules and legal customs used in Britain during the Anglo-Saxon period, a timeframe lasting from about the fifth century to the late eleventh century. Anglo-Saxon law originated in the legal traditions of the Germanic tribes that populated Britain after the fall of the Roman Empire. With no central policing authority, laws were mainly enforced at the local level. While severe crimes could be punished with death or slavery, many punishments involved highly regulated forms of restitution. Court proceedings often relied on the swearing of oaths, and guilt was sometimes determined by means considered barbaric by modern standards. Anglo-Saxon legal traditions were mostly swept away after the Normans conquered Britain in 1066, although some traces survived in English common law and were later adapted by the American colonies.
Background
The Roman Empire first took control over the island of Britain in the mid-first century. For almost four hundred years, Roman forces not only subjugated the native Britons but also maintained peace by keeping potential invaders at bay. By the early fifth century, Roman power had begun to crumble, and the legions of Roman forces in Britain were called back to Rome to defend the empire's core. Their withdrawal left Britain defenseless, and invading tribes from the mainland soon poured in to claim the island. Three main Germanic tribes—the Angles, Saxons, and Jutes—advanced into Britain, and by the sixth century had control of the southern part of the island.
These invaders-turned-settlers lived in tribal communities called cynns, or "kins," each led by a cyning, or "king." By the mid-seventh century, the Anglo-Saxons, as they were later called, had established seven kingdoms in the region: Kent, Northumbria, Mercia, East Anglia, Essex, Sussex, and Wessex. Two centuries later, the seven had been consolidated into the three kingdoms of Northumbria, Mercia, and Wessex. In the face of invasions by Viking raiders in the late eighth century, the kingdoms eventually united under one king in 954 to form the Kingdom of England.
Overview
The early Anglo-Saxon legal system was influenced by the laws of their Germanic ancestors—the leges barbarorum, or "laws of barbarians" as the Romans called it. The first codified Anglo-Saxon laws are believed to have been written during the time of King Æthelberht of Kent in the early seventh century. These dōm, or "dooms," were judgments made by the king and noted for establishing a system of compensation based on social standing. The laws set a specific value, known as wergeld, for each person depending on their status as an enslaved person, freeman, or noble. The amount of this compensation also depended upon the severity of the crime and the social status of the victim. For example, if a freeman stole from the king, the law called for restitution of nine times the amount taken, while stealing from another freeman was worth three times the amount.
As the Anglo-Saxon kingdoms began to consolidate, local traditions of law merged together, and by the tenth century, a new legal system had evolved that featured a localized court system with punishments such as the confiscation of property and capital punishment. The concept of restitution remained a key part of the system. The king discussed, modified, and passed laws with a council of advisers made up of bishops and nobility; the laws were codified, printed, and distributed to local township and church officials. At these local levels, long-standing customs and traditions were also incorporated into the legal system, creating different laws in different areas.
Local courts developed to handle the administration of both the king's decrees and the regional laws. Freemen were divided into groups of ten, called a tithing. A group of ten tithings was known as the hundred and presided over by a hundredman. Groups of hundreds formed a shire, a division of land presided over by a reeve, or representative of the king. The reeve acted as a royal liaison to each hundred within a shire. With no formal police system in place, the task of enforcing laws was given to the hundred, which met every four weeks in the hundred court.
Disputes and allegations of wrongdoing were brought before the hundred court by the victims or their families. If the court deemed the proceedings worthy of its time, the accused was brought before the court for trial. If a defendant did not show up for trial or fled the area, the hundred organized a search party to find the individual. A defendant who was not found or failed to comply with a court's order could be declared as outside the law, or an outlaw. This designation allowed the king to seize the defendant's goods and removed any legal protections the person would have had, meaning anyone had the right to hunt down and kill the accused without repercussions.
In Anglo-Saxon law, denial of a crime was considered more important than an accusation. Evidence of guilt or innocence was not presented at trial; rather, the victim swore an oath that the charges brought forth were true. The accused swore an oath disputing the charges and brought forth character witnesses called oath-helpers who swore to the validity of the defendant's claim. If enough people supported the defendant, they were declared not guilty. If a person was found guilty, they faced punishments that varied with the crime. Serious crimes warranted execution, while theft may have resulted in cutting off a thief's hands. Monetary disputes may have resulted in a freeman being declared an enslaved person. In some cases, the punishment could be avoided if the guilty party could pay enough monetary restitution. However, punishment for crimes such as murder, arson, and treachery could not be avoided with restitution.
In the event those accused insisted on their innocence after a verdict, they were allowed to place their fate in divine hands using trial by ordeal. This method was not imposed by the court but was a choice made by a defendant. In a trial by cold water, an accused was given holy water to drink and thrown into deep water. If the person floated, they were judged to be guilty; if the person sank, they were believed to be innocent and were pardoned—if the person survived. Trial by hot water involved reaching into a pot of boiling water to retrieve a stone. If the accused's hand was healing cleanly after three days, the person was judged to be innocent. In a trial by iron, the accused was made to carry a glowing hot iron bar for nine feet. The damaged hand was then bandaged and examined after three days. If the wound was infected, the person was deemed guilty.
Bibliography
"Anglo-Saxons: A Brief History." Historical Association, www.history.org.uk/resource/3865. Accessed 10 Dec. 2024.
"Anglo-Saxon England - Local Government and Law." BBC, www.bbc.co.uk/bitesize/guides/z8f4mnb/revision/1. Accessed 10 Dec. 2024.
Farmer, Mike. "The Long Arm of the Law." Regia Anglorum, 31 Mar. 2003, regia.org/research/misc/law.htm. Accessed 10 Dec. 2024.
Higham, Nicholas, and M. J. Ryan. The Anglo-Saxon World. Yale UP, 2013.
Jurasinski, Stefan. The Old English Penitentials and Anglo-Saxon Law. Cambridge UP, 2015.
Lambert, Tom. Law and Order in Anglo-Saxon England. Oxford UP, 2017.
"Medieval Sourcebook: The Anglo-Saxon Dooms, 560-975." Fordham University, sourcebooks.fordham.edu/source/560-975dooms.asp. Accessed 10 Dec. 2024.
Wood, Michael. "Anglo-Saxon Law and Order." BBC, 18 Sept. 2014, www.bbc.co.uk/history/trail/conquest/wessex‗kings/anglosaxon‗law‗05.shtml. Accessed 10 Dec. 2024.