Legal Definitions - Anglo-Saxon law

Anglo-Saxon law refers to the collection of legal rules and practices that governed England from roughly the 5th century until the Norman Conquest in 1066. This legal system was developed by the Germanic tribes, primarily the Angles and Saxons, who settled in Britain after the Roman withdrawal. It comprised both formal written decrees issued by kings and deeply ingrained unwritten customs that had been passed down through generations, forming the legal foundation of early English society.

Here are some examples illustrating Anglo-Saxon law:

• Example 1: Resolving a Land Dispute

  Imagine two neighboring farmers in the 9th century, Æthelred and Beorn, disputing the exact boundary of their fields. Æthelred claims a strip of land based on a royal charter granted to his family generations ago, while Beorn argues that his family has always tilled that land according to local custom, passed down through oral tradition. A local assembly (moot) would hear both arguments, weighing the authority of the written royal decree against the long-standing community custom to determine ownership. This scenario highlights how Anglo-Saxon law blended formal royal pronouncements with deeply rooted customary practices to settle disputes.

• Example 2: Compensation for Injury

  Suppose a man named Cynric accidentally injures another villager, Eadwig, during a hunting accident. Instead of being imprisoned, Cynric would likely be required to pay a specific sum of money, known as "bot" or "wergild" (man-price), to Eadwig and his family. The amount would be determined by the severity of the injury and Eadwig's social status, according to established legal tariffs. This demonstrates a core principle of Anglo-Saxon law, where many offenses were resolved through financial compensation to the victim or their kin, rather than through state-imposed punishment like modern incarceration.

• Example 3: Proving Innocence Through Oaths

  Consider a situation where a merchant, Wulfstan, is accused of stealing goods, but there are no direct witnesses. Under Anglo-Saxon law, Wulfstan might be allowed to clear his name through "compurgation." This involved gathering a group of reputable individuals, often twelve, from his community to swear an oath alongside him, attesting to his good character and belief in his innocence. If these "oath-helpers" were deemed credible, Wulfstan could be acquitted. This illustrates how community reputation and formal oaths, deeply rooted in customary practice, played a significant role in determining guilt or innocence in the absence of other evidence.