The history of England, from the earliest times to the Norman ConquestHodgkin, Thomas
History
The history of England, from the earliest times to the Norman Conquest
Hodgkin, Thomas
Great Britain -- History -- To 1066
After the death of Ethelbert, law-making activity seems to have
slumbered for two generations. Then about the year 680, Hlothere
and Eadric, who were apparently joint kings of Kent, put forth a
small collection of “dooms” adding some items to Ethelbert’s list of
offences and penalties. Eadric’s son, Wihtred, in the year 696, issued
another set of laws, dealing more with offences against morality and
religion--with adultery, Sabbath-breaking, the worship of devils,
the eating of flesh in Lent, and so forth. The strong ecclesiastical
influence under which Wihtred’s laws were framed is evidenced by the
preface which is to this effect: “When Wihtred the most gracious king
of Kent was ruling, in the fifth year of his reign (696), ... the 6th
day of October, in the place which is called Berkhamstead, there was
gathered together for counsel an assembly of great men. There was
Berwald, archbishop of the Britons, also Gybmund, bishop of Rochester:
and every rank of the churches of the land spake in concord with the
obedient people. Then did the great men with the consent of all men
‘find’ these dooms and added them to the law-customs of Kent, as is
hereafter said and spoken.”
The expressions used in this and many similar prefaces in the
collection of Anglo-Saxon laws indicate that which is probably
incapable of definition, the sort of share which the leading men of
Church and State had in the royal legislation. Laws are passed in
the name and by the authority of the king, but he is no uncontrolled
autocrat, and for any important change in the “law-customs” of the
people, the great men of the realm must share the responsibility.
We may now turn from the rather obscure and elliptical “dooms” of the
Kentish kings to the much fuller and more interesting laws of Ine
of Wessex which seem to have been promulgated about 693, a year or
two before those of Wihtred. Like the latter they were framed “with
the counsel and consent of my two bishops, Hedde of Winchester and
Erconwald of London, and of all mine ealdormen and the oldest _witan_
of my people and also of a great assembly of the servants of God”. “My
father Cenred” is also named among the royal advisers, thereby raising
a difficult question as to Ine’s accession to the throne while his
father was still living. The preface ends, “And let no ealdorman nor
any of our subjects after this seek to turn aside any of these our
dooms”.
As it is impossible to give here anything like a complete digest of
the Anglo-Saxon laws, we may leave unnoticed the ordinances for the
repression of crime--especially the crime of theft--which constitute
the larger part of the document before us, and may confine our
attention to those paragraphs which deal with the tenure of land and
with the ranks and orders in the West Saxon state.
Public-domain text, read in full here on John Shaqi.
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