2.4.1 The Anglo-Saxon Legal System Flashcards
Anglo-Saxon Legal System: Law in the community (2)
There was a principle of collective responsibility in Anglo-Saxon society.
- Collective responsibility means that when members of a community (called a tithing) broke the law, the other members were required to enact justice or face punishment themselves.
- Another principle of law was the ‘hue and cry’. This describes groups of members of the same community forcing others to join them in the search for criminals.
Anglo-Saxon Legal System: Legal concepts (3)
- Wergild was a concept in Anglo-Saxon England. Wergild was money paid by one person or family to another in order to end or avoid blood feuding. This meant if someone hurt or killed another person, they may pay that person’s family to compensate them and end the disagreement.
- Trial by ordeal was used and this meant that when a court could not judge a case, God was asked to intervene and come to a decision.
- Anyone found guilty of treason (crimes against the king) could be punished with the death penalty
Anglo-Saxon Legal System: The shire reeve (3)
- In local government, the king had a representative called the shire reeve (this was essentially the sheriff).
- The shire reeve represented the king in each area.
- Through “writs”, the king gave orders to his sheriffs across England.
Anglo-Saxon Legal System: Responsibilities of shire reeve. (4)
Responsibilities of the shire reeve included:
- Tax collection on the king’s land.
- Collecting the geld tax (a land tax) when the king decided it was necessary in a given place.
- Judging gal cases in the shire court and enforcing laws.
- Rallying enough men for the fyrd (military defence forces) and making sure the shire was protected.
Anglo-Saxon Legal System: Punishments
Punishments tended to be brutal, with execution and mutilation relatively common. Another form of punishment was based on the ‘ordeal system’. This was based on the principle of ‘Judicium Dei’ (the judgement of God). The accused was put through a painful ordeal, such as ‘ordeal by fire’ or ‘ordeal by water’, to test their guilt. It was believed that God would save the innocent.
Anglo-Saxon Legal System: The oath system
Anglo-Saxons often made a promise not to be involved in crime, known as the ‘common oath’. If they did commit a crime, their whole family could be punished. Punishment could include exile.
Anglo-Saxon Legal System: Inheritance
It was common to divide up landholdings among the family when someone died.
Anglo-Saxon Legal System: Hundred courts
Shires were divided into small areas known as hundreds. Hundred courts dealt with local land issues.
Anglo-Saxon Legal System: Shire courts
Shire courts met twice a year when the sheriff would hear cases involving land disputes, crime, taxes, and rebellions.
How did the Normans change the Shire courts? (3)
- Castles were built in shire towns (the main town of an area) and all administration was based in them. This included the sheriff and court.
- Shire courts declined in importance due to honorial courts where tenants could appeal directly to their lord.
- Royal household officials were sent to courts to oversee proceedings and, in some cases, juries were introduced.
How did the Normans change the Hundred courts?
The hundred courts met more frequently than shire courts and were run by the sheriff’s deputy.
How did the Normans change Inheritance?
The stability of the feudal system relied on earldoms not being split. The Normans established the idea of primogeniture - where the eldest son inherits everything.
How did the Normans change the oath system?
The Normans introduced murdrum fine. If any Norman was murdered, all Anglo-Saxons in the area would be heavily fined. The aim was to protect the many new Norman earls now in power over the Anglo-Saxon populace, as they were vulnerable to attack.
How did the Normans change punishments?
Most Anglo-Saxon punishments were maintained, with the addition of ‘ordeal by combat’. This involved the accuser and accused fighting, usually to the death. The winner would be presumed to have been telling the truth about the crime.
Anglo-Saxon Legal System: The language of law
Law had been recorded in English.
