Anglo-Saxon law (, later ; , ) 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 () 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 Before Christianisation 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 (, ).
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 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" ().Ecclesiastical History of the English People II.5 quoted in . 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 . Starting with Alfred the Great (), 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 ().
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.
Legislation While custom was respected, kings could adapt the laws of their predecessors and also create new laws. Royal law codes were produced in consultation with the witan, the king's council comprising the lay and ecclesiastical nobility. 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".IV Æthelstan 1, printed in . Quoted in . 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 (), 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 () and the Law of Wihtred (695). Outside of Kent, Ine of Wessex issued a law code between 688 and 694. Offa of Mercia () produced a law code that has not survived. Alfred the Great, king of Wessex, produced a law code known as the Doom Book. 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. 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.
The law codes of Cnut () were the last to be promulgated in the Anglo-Saxon period and are primarily a collection of earlier laws. They became the main source for old English law after the Norman Conquest. For political reasons, these laws were attributed to Edward the Confessor (), 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." 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.
Language and dialect
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.
Courts The Anglo-Saxons developed a sophisticated system of assemblies or moots (the Old English words and mean "meeting"). 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.
Vague references to courts appear in earlier laws. These texts use terms such as (). Later laws use more specific terminology. The laws of Edgar () 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.
King's court In addition to being a legislator, the king was also a judge. The king heard cases in the presence of his witan or council. Kings could also hear and act on complaints alone, outside of a formal judicial context. The cases heard by the king included:
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:
(breach of the king's protection) (assault on a person inside a house) (assault on a royal road) (fine for failing to perform military service) In the Danelaw: (fine for fighting) and (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.
Shire courts
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. It met twice a year around Easter and Michaelmas. A law of Cnut allowed it to meet more often if necessary.
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). Litigants and their supporters (such as oath-helpers) would also be present.
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 . The shire court witnessed land purchases, and it also adjudicated land disputes.
Hundred courts Most people experienced the judicial system through their local hundred or wapentake. The hundred court met monthly and was presided over by a royal reeve. The laws of Edward the Elder and Æthelstan required reeves to ensure everyone received the benefits of folk-right and royal law.
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. The hundred handled criminal cases, civil cases, land disputes, and tort. 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. The hundred handled most ecclesiastical cases (such as tithe and marriage cases), and the bishop or his representative was expected to attend.