Law and Order in Anglo-Saxon England

Abstract

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Law and legal culture in Anglo‐Saxon England

“…Although they differ in their views of royal power and the degree to which the governing apparatus of pre‐Conquest England can be regarded as centralized, both treat pre‐Conquest England as a largely functional political community capable of sustaining social hierarchies, redressing crime and other forms of extra‐legal violence and preserving a degree of continuity from one generation to the next. It is for this reason that a number of recent studies have sought to take a middle road, recognizing that the crown was supported by a largely stable administrative infrastructure, though one frequently limited by the competing demands of Church, aristocracy and at times even local community (Cubitt, 2007, 2011; Hudson, 2000; Hyams, 2004; Jurasinski, 2015, 2019; Lambert, 2017; Molyneaux, 2015; Rabin, 2007, 2020; Roach, 2013a, 2013b; Rumble, 2013). One might reasonably say that Wormald's thesis has not been so much overturned as moderated.…”

“…If the latter viewed early English law ‘latitudinally’—that is, growing out of a roughly synchronous pan‐Germanic legal system—the former might be said to understand it ‘longitudinally’—that is, as one component of a largely continuous legal tradition that established the foundation for what would later be called the Common Law. In each case, early English legal texts are treated as evidence supporting a particular conceptual framework, whether a distinctively pan‐Germanic past or a distinctively English political identity (Lambert, 2017, pp. 1–7).…”

The Laws of London? IV Æthelred in Context

“…for overhirnessa ('disobedience' or 'insubordination') which resulted from dereliction of a variety of legal duties to the king and other bodies. 50 There are several precedents for short pieces of legislation primarily focused on money and related issues. 'IV Atr B' compares closely to the coin-related section of 'II AEthelstan', which is thought to represent a pre-existing text concerned with minting and urban matters; 51 more distantly, it is reminiscent of a fragmentary capitulary of Louis the Pious (814-40) which appears to have been dedicated to monetary affairs.…”

The currency of power in late Anglo‐Saxon England

“…But, third, this was not necessarily the case under subsequent rulers. Financial concerns became more prominent in the eleventh century: a development that had already begun with legal exactions (Lambert, , pp. 342‐8).…”

“…Tenth‐century legislative attempts to limit minting, like high‐value trade, to a port or burh evidently slackened over time, or fell by the wayside (Molyneaux, , pp. 106–9; Lambert, , pp. 244–7) .…”