Law Anglo-Saxons

the initial page of rochester cathedral library, ms a.3.5, textus roffensis, contains surviving copy of Æthelberht s laws.

the noticeable feature of anglo-saxon legal system apparent prevalence of legislation in form of law codes. anglo-saxons organised in various small kingdoms corresponding later shires or counties. kings of these small kingdoms issued written laws, 1 of earliest of attributed ethelbert, king of kent, ca.560–616. anglo-saxon law codes follow pattern found in continental europe other groups of former roman empire encountered government dependent upon written sources of law , hastened display claims of own native traditions reducing them writing. these legal systems should not thought of operating modern legislation, rather educational , political tools designed demonstrate standards of conduct rather act criteria subsequent legal judgment.

although not sources of law, anglo-saxon charters valuable historical source tracing actual legal practices of various anglo-saxon communities. charter written document king or other authority confirming grant either of land or other valuable right. prevalence in anglo-saxon state sign of sophistication. appealed , relied upon in litigation. making grants , confirming made others major way in anglo-saxon kings demonstrated authority.

the royal council or witan played central limited role in anglo-saxon period. main feature of system high degree of decentralisation. interference king through granting of charters , activity of witan in litigation exceptions rather rule in anglo-saxon times. important court in later anglo-saxon period shire court. of interest many shires (such kent , sussex) in days of anglo-saxon settlement centre of small independent kingdoms. kings first of mercia , of wessex extended authority on whole of england left shire courts overall responsibility administration of law. shire met in 1 or more traditional places, earlier in open air , later in moot or meeting hall. meeting of shire court presided on officer, shire reeve or sheriff, appointment came in later anglo-saxon times hands of king had in earlier times been elective. sheriff not judge of court, merely president. judges of court had right , duty of attending court, suitors. these free male inhabitants of neighbourhood but, on time, suit of court became obligation attached particular holdings of land. sessions of shire court resembled more closely of modern local administrative body modern court. , did act judicially not prime function. in shire court, charters , writs read out hear.

below level of shire each county divided areas known hundreds (or wapentakes in north of england). these original groups of families rather geographical areas. hundred court smaller version of shire, presided on hundred bailiff, formerly sheriff s appointment, on years many hundreds fell private hands of local large landowner. not well-informed hundred court business, must have been mix of administrative , judicial, remained in areas important forum settlement of local disputes post-conquest period. anglo-saxon system put emphasis upon compromise , arbitration: litigating parties enjoined settle differences if @ possible. if persisted in bringing case decision before shire court determined there. suitors of court pronounce judgment fixed how case decided: legal problems considered complex , difficult mere human decision , proof or demonstration of right depend upon irrational, non-human criterion. normal methods of proof oath-helping or ordeal.

oath-helping involved party undergoing proof swearing truth of claim or denial , having oath reinforced 5 or more others, chosen either party or court. numbers of helpers required , form of oath differed place place , upon nature of dispute. if either party or of helpers failed in oath, either refusing take or making error in required formula, proof failed , case adjudged other side. appears surprising moderns important matter might settled 1 , friends falsely swearing oath. in society in each known neighbour , in religious emphasis placed upon sanctity of oath, system more satisfactory. wager of law remained way of determining cases in common law until abolition in 19th century.

the ordeal offered alternative unable or unwilling swear oath. 2 common methods ordeal hot iron , cold water. former consisted in carrying red-hot iron 5 paces: wound bound , if, on unbinding, found festering case lost. in ordeal water victim, accused person, cast bound water: if sunk innocent, if floated, guilty. although perhaps understandable reasons ordeals became associated trials in criminal matters in essence tests of truth of claim or denial of party , appropriate trying any

legal issue. allocation of mode of proof , should bear substance of shire court s judgment or doom , perhaps followed known customary rules of have no knowledge. measure of discretion must have existed in determining of outcome of ordeal hot iron result of cold water , oath-helping have been obvious all.