Gloria Harchar

Official Author Website
February 28th, 2012

Saxon Law and Order

Anglo-Saxon People and Law

Anglo-Saxon People and Law

The ties of kinship meant that the relatives of a murdered victim was obligated to exact vengeance for his or her death, which led to bloody and extensive feuds. To halt the blood feuds, wergelds were created, which set a monetary value on a person’s life based upon their wealth and social status and this value could also be used to set the fine payable if a person was injured or offended. The higher the murderer’s social status, the higher the fine levied against them.

Emphasis on social standing led to courts that did not attempt to discover the facts, instead, it was up to each party to get as many people as possible to swear to the rightness of their case. These people were called ‘oath helpers’. If the person was actually guilty, it was difficult for them to gather enough oath helpers. The word of a thane counted for that of six ceorls.

If the accused was found guilty, while maintaining his innocence, and was unable to find enough oath helpers, he would be allowed to prove his innocence through ‘trial by ordeal‘. This was conducted by church officials and before the trial began, the accused would be given the opportunity to confess. If he did not confess, he was given the choice between two ordeals: water or iron.

Water Ordeal

Water Ordeal

In the cold water ordeal, the accused was given holy water to drink and was then thrown in the river; the guilty floated and the innocent sank. In the hot water ordeal, the accused placed his hand in boiling water and retrieved a stone.

For the iron ordeal, the accused carried a glowing iron bar of nine feet. After the hot water and iron trials, the defendant’s hand was bandaged. If the wound healed without festering, the guilty was presumed innocent.

There were no jails or prison officers so there were only three options when passing sentence: fines, mutilation or death. Crimes such as arson, obvious murder and treachery to one’s lord received no compensation and the only punishment was death and forfeiture of one’s property to the king. The church preferred mutilation to death, as this allowed the guilty to expiate his crime and save his soul.

Hot Iron Ordeal

Hot Iron Ordeal

Anglo-Saxons brought a well developed legal system with them from Germany, the Netherlands and France. The hundred court was the lowest echelon of the judiciary system and met every four weeks. Above the hundred court was the shire court, meeting twice a year. The ealdorman, bishop and king’s shire-reeve presided over the shire court.

The vast majority of people were farmers. At first, the farms were owned outright. The ceorls worked in common fields that were divided into narrow strips that were shared out alternately so that each farmer received an equal share of the good and the bad land. These were later consolidated into large estates owned by the lord and the ceorls worked the land in return for service or produce or work the lord’s land a given number of days a year. These estates eventually became commercial enterprises, complete with a grain mill.

Crops most frequently grown were wheat, oats, rye and barley as well as peas, beans and lentils. Honey provided the only sweetener and the base for the popular drink, mead. Meat was acquired from cattle, goats and sheep. Horses and oxen were used for farm labor and transportation.

References

Dumville, D. (1992). Liturgy and the ecclesiastical history of late Anglo-Saxon England. Boydell & Brewer, Ltd. Rochester, NY.

Oliver, L. (2002). The beginnings of English law. University of Toronto Press. Toronto, Canada.

February 23rd, 2012

Anglo-Saxon Hierarchy

Anglo-Saxon King

Anglo-Saxon King

The Anglo-Saxon king, whether over-kings or under-kings, were peripatetic, which means they were constantly on the move, traveling across their kingdoms disbursing justice, giving out gifts won from raids and battles to those who supported the king. The traveling kind resolved disputes and provided entertainment for their nobles, as well as for the visiting dignitaries. Their court went with them on travels. When the king came, it was a real drain on resources because the receiving castle had to feed the king, his court and the dignitaries. Too, the kings would collect tribute. England was divided into administrative areas of about 50 to 100 square miles, and in each of these was a king’s “tun.” The king’s visit to the tun was often the occasion for markets, fairs, and festivities. Taxes were paid by coin by sale of surplus produce, while at the same time, dues were commuted to payment in coin rather than in kind.

The king’s tun was a point of public rally where people came together not only to give the king and his entourage board and lodging but they also appealed to the king in cases of dispute, lands granted, gifts given, appointments made, laws announced, policy debated, and ambassadors heard. People also gathered for other reasons–such as to hold fairs, as noted above.

Fairs had been held since prehistoric times and often on tribal lines for different villages to exchange their surpluses and specialties. Some fairs only dealt with one sort of commodity such as sheep. Some places are named something-port (Southport, Davensport), which is an Old English word for market.

Another reason for mingling was for sports and games. There were also gatherings for holy reasons, such as visiting a bishop or holy place or shrine. The hundred meeting (a hundred men under arms) might also provide a gathering place, the shire moot another but larger areas also had assemblies. Becontree was an ancient hundred in the southwest of the county of Essex, England.

Too, it seems there was an Anglo-Saxon hierarchy of settlements as well as a showing off specialties at various settlements. For instance, if a particular area was good at a certain craft, such as shoe making or soap making or wool carding, these places were named for their specialism or services.

The basic unit of land was called the hide and was enough land to support one family. A hide varied in size from 40 acres to 4 square miles. Approximately 100 hides formed a hundred and each villare or shire contained many hundreds. For each hundred, one leader–who was known as the “hundred eolder” was responsible for the administration, justice and supply of military troops as well as the position of leadership of those forces. This office was not hereditary but by the tenth century, was selected among a few outstanding families.

Shire-Reeves

Shire-Reeves

Ealdormen and shire-reeves, or what we now call sheriffs, were appointed to guard the king’s interests. Within the shires were towns or burhs (which were fortified towns). Initially only some towns were walled, often with earthworks reminiscent of the Bronze Age.

Wealthier lords lived on estates, with a main rectangular hall surrounded by outlying buildings for storage, several living and working chambers that were used for various purposes. Inside the hall, the lord might show off expensive wall hangings or paintings. Feasts were held within the hall, and the lord was expected to be a opulent host.

Society was divided into various classes. The top was the king, who was essentially the war leader. He was expected to provide his followers with opportunities for plunder and glory. The king who denied his followers opportunities for land, slaves and plunder were reviled and could very well be assassinated.

Below the king were two levels of freemen: the upper class thanes and the lower class ceorls. The difference between these two levels of freemen had to do with the amount of land owned. A thane owned at least five hides of land. Aside from the amount of land owned a ceorl might be wealthier than a thane. A thane was similar to a knight and stood at the lowest level of the aristocracy. A thane that offered good service was rewarded with gifts, land and elevation to ealdorman. Members of the clergy held the title of thane and bishops held the title of ealdorman.

Ceorls

Ceorl

The ceorls were divided into three classes of freemen (there were many degrees of freedom from what I am beginning to learn–I will write more about this later. But these are the three classes of ceorls, or “freemen”):

  1. Geneatas, a peasant aristocracy who paid rent to their overlord,
  2. Kotsetlas, and;
  3. Geburs or lower middle class.

All ceorls had the right and duty to serve in the fyrd, which was the Anglo-Saxon military. If a ceorl held five hides of land, he became entitled to the rights of a thane but could not be elevated to the title of ealdorman, which is really sad, in my opinion.

The fyrd were highly trained thanes chosen from the hundred. These thanes became professional warriors. In times of peace, thanes served one month of every three in rotation. One of the greatest virtues of a thane was his loyalty to his lord. And listen to this–if their king or lord died in battle, his men were expected to die avenging his death, as it was dishonorable to leave a battlefield where one’s lord or king had been slain. So, they had to die! Those who didn’t die in battle with their lord or king were executed by their lord’s successor. When not at war, the fyrd also acted as a police force.

Below the thanes and ceorls were slaves or bondsman, known as the theow. This was the largest commercial enterprise of the Dark Ages. Some men and women were born into slavery but war was the most common source of slaves.

Slavery was the fate of many of the conquered Celtic Britons. Those unable to pay a fine might become slaves and in some cases a child might be sold into slavery in time of famine to ensure the child’s survival. Slavery might not last a lifetime if a slave could be ransomed by friends or relatives. Too, a slave could be granted freedom by their master. Those enslaved for an inability to pay a fine, might be released from slavery once their labor measured the amount of the debt.

Celtic Slaves

Celtic Slaves

Slavery was an integral part of Anglo-Saxon economy. Almost all of the slaves traded in the middle ages were captured in raids or warfare. It was the practice to kill the leaders of the defeated army and enslave the villagers. Many of these slaves were indigenous Celts. Slavery was abolished at the Westminster Council in 1102.

Anglo-Saxon society was knit together with strong ties to kin and lord. (Which was why the Normans forced every Anglo-Saxon lady to wed a Norman knight–the quickest way to infiltrate the Saxon culture). The tie was to the lord himself, not his station. A kingdom was only as strong as its war-leader king.

 

Reference

(1837). The pictorial history of England: being the history of the people as well as a history of the kingdom. William Clowes & Sons. London, England.

January 11th, 2012

Domesday Book

Doomesday Box and Book

In December 1085 William the Conqueror commissioned the book to be written. William invaded England in 1066 and defeated them during the Battle of Hastings, where he killed King Alfred with an arrow to his eye. The first draft was completed in August 1086 and contained records for 13,418 settlements in the English counties south of the rivers Ribble and Tees (the border with Scotland at the time). The system of landholding as depicted throughout the Domesday Book was based on a rigid social heirachy called the feudal system which was imposed on England after William took over the country. This is what my heroine is resisting by becoming the Saxon Shadow.

“Dom” in the name is an older form of the modern word “doom.” Today the word is mainly used in a negative sense, but originally it was more neutral and meant essentially “judgement” or “reckoning.” So Domesday meant in the Day of Reckoning. The accounts set down in the Domesday book were considered to be accurate and final, with no possible appeal.

The original Domesday Book has survived over 900 years of English history and is currently housed in a specially made chest at The National Archives in Kew, London. This site has been set up to enable visitors to discover the history of the Domesday Book, to give an insight into life at the time of its compilation, and provide information and links on related topics.

 

Reference

(1999). Referred by http://www.domesdaybook.co.uk/index.html.