Anglo-Saxon settlement (400–530)

As part of Roman Britain, England had been governed by the Roman Empire since the 1st century CE. In the 4th century, a series of barbarian invasions destabilised the empire. In Britain, the size of the Roman army decreased, urban populations declined, and the minting of Roman coins ceased. The native Britons revolted and expelled the Roman authorities in the 5th century. The end of Roman rule caused a "period of social and economic collapse".^[1]

During this period, Anglo-Saxons migrated to Britain and established agricultural communities. Based on archaeological evidence (such as burials and buildings), these early communities appear to have lacked any social elite. Around half the population were free, independent farmers (Old English: ceorls) who cultivated enough land to provide for a family (a unit called a hide). Slaves, mostly Britons, made up the other half.^[2]

Anglo-Saxon societies were based on Germanic law and custom. Germanic tribes such as the Ostrogoths, Visigoths, Franks, and Lombards became Romanized to varying degrees by the 5th century. Nevertheless, this was not true of the Angles, Saxons, and Jutes, who originated from northern Germany and Denmark and had no direct contact with the Roman Empire. For this reason, Roman law only influenced Anglo-Saxon institutions after Christianisation began in the 7th century.^[3]

Petty kingdoms (530–871)

Anglo-Saxon kingdoms c. 802

By the late 6th century, the archeological evidence (grander burials and buildings) suggests the development of a social elite. This period coincided with the Late Antique Little Ice Age and the Plague of Justinian. These events would have caused famine and other societal disruptions that may have increased violence and led previously independent farmers to submit to the rule of strong lords. The Old English word for "lord" is hlaford, which means "loaf-guardian" or "bread-giver".^[4]

The greatest lords became rulers of petty kingdoms. The most important were the Heptarchy: Kent, Essex, Wessex, Sussex, East Anglia, Mercia, and Northumbria. The Old English word for king was cyning ("son of the kin"). Kingship was passed down through royal dynasties that all claimed descent from a deity, usually Woden. After Christianisation, royal families linked their origins to biblical genealogies (see Anglo-Saxon royal genealogies).^[5]

When the throne became vacant, a kingdom's witan (secular and ecclesiastical "wise men") chose the new king from among eligible candidates of the ruling dynasty. A candidate's age, ability, popularity, and the wishes of the previous king were all factors that could influence the succession.^[6] Since the king's primary role was as a warrior, he needed to be of age and ability to lead an army, and some kings retired to monasteries when they could no longer play a military role. For this reason, succession did not follow strict primogeniture, and infant sons were commonly bypassed in favor of adult brothers.^[7] Rites of royal consecration developed slowly. In 787, Ecgfrith of Mercia became the first Anglo-Saxon king anointed with holy oil, imitating Carolingian and biblical precedents.^[8]

Witans could formally depose kings. Cynewulf and the West-Saxon witan deposed King Sigeberht in 757. Councils formally deposed several Northumbrian kings. In 774, King Alhred was deposed and replaced by Æthelred I, who was himself ousted in 779. Æthelred was restored as king in 790 and reigned until his murder in 796.^[9]

A king had the power to make law and give legal judgment with the advice of his witan. He presided in person as judge of the royal court, which could sentence freemen to death, enslavement, or impose financial penalties.^[10] In some instances, the witan could overturn royal decisions. In 840, for example, the Mercian witan ruled that King Berhtwulf had unjustly confiscated land from Heahbeorht, bishop of Worcester. The bishop regained his land, and Berhtwulf gave gifts to the church as compensation.^[11] Christianisation resulted in the production of written law codes, the earliest being Kent's Law of Æthelberht. These early laws attempted to preserve the peace and prevent blood feuds (see Anglo-Saxon law).^[12]

Kings played a crucial part in converting their kingdoms to Christianity. Afterwards, kings continued to be involved in church affairs. Kings summoned and presided over synods, such as the 664 Synod of Whitby, where Oswiu of Northumbria decided that his kingdom would follow the Roman date of Easter instead of the Celtic date.^[13] The church used canon law, a legal system based on Roman civil law.^[14]

All free men had the right to bear arms and a duty to defend the kingdom through service in the fyrd (army). The army's core was the king's comitatus, which formed part of the royal household. Fyrd service was one of the obligations known as the trinoda necessitas ("three necessities"). The other two were equally related to military preparedness: the repair of burhs (fortifications) and the repair of bridges (essential for communications).^[15]

Kingdoms had different administrative divisions, such as the shire in Wessex, lathe in Kent, or rape in Sussex.^[16] In the 8th century, the term ealdorman first appeared in the Anglo-Saxon Chronicle. In Wessex, these were royal officials tasked with leading the army and administering justice in a shire. In return, an ealdorman received part of the judicial fines owed to the king. He also may have been granted land for his service.^[17] Sometimes, ealdormen were former kings reduced to sub-king status; such was the case in Mercia's absorption of the Hwicce.^[18]

Before the 8th century, one king was periodically named the bretwalda ("wide-ruler" or "ruler of Britain").^[19] Bede wrote that the bretwalda possessed imperium over other kingdoms, and Adamnan used the term imperator. Historian H. R. Loyn remarked that "some hazy imperial ideas" were associated with the title, such as influence over the English church, military leadership against the native Britons, and receiving tribute.^[20]

The balance of power among the kingdoms changed over time. Between 654 and 685, Northumbria was the dominant kingdom.^[21] The 8th century was a period of Mercian supremacy. Wessex surpassed Mercia in the 820s during the reign of Ecgberht.^[22]

Consolidation (871–899)

England in 878 at the time of the Treaty of Wedmore

In the 850s, Viking invaders arrived in England, and their Great Heathen Army conquered most Anglo-Saxon kingdoms. Under Alfred the Great (r. 871–899), Wessex successfully resisted the invaders. In 878, Alfred defeated a Viking army under Guthrum. Around 886, the two leaders negotiated a peace agreement known as the Treaty of Alfred and Guthrum, which established the boundaries of the Danelaw. Alfred received the submission of all the English (including London) not under the Danelaw.^[23]

In response to the Viking invasions, royal government in Wessex became more sophisticated and effective.^[24] Alfred strengthened his kingdom's military organisation, building over 30 burhs (fortifications), some of which became permanent towns.^[25] Alfred allocated each burh several hides to provide for its maintenance and support, as illustrated in the Burghal Hidage.^[26]

Under Alfred, there were always nine or ten ealdormen. Each West Saxon shire had one ealdorman, with two for East and West Kent. An ealdorman was responsible for the army, fortifications, and tax collection in his shire. They were granted estates and special privileges, such as the "third penny" (a third of the shire court's judicial profits). The royal reeves (Latin: praepositi) supervised royal estates and had responsibility for administering finances and manpower.^[27]

Alfred's heirs continued the work of reconquest. By 955, the newly forged Kingdom of England encompassed Mercia, the Danelaw, and Northumbria. The kingdom's boundaries ran north to the Firth of Forth.^[28]

Succession

From 899 to 1016, a direct descendant of Alfred the Great of the House of Wessex sat on the English throne. From 1016 to 1042, the Danish House of Knýtlinga possessed the throne. Edward the Confessor (r. 1042–1066) briefly restored the House of Wessex to power. However, he was succeeded in 1066 by Harold Godwinson and then William the Conqueror (r. 1066–1087).^[29]

Theoretically, an element of election was inherent in kingship. Abbot Ælfric of Eynsham expressed this theory in a sermon:^[30]

No man can make himself king, but the people has the choice to select as king whom they please; but after he is consecrated as king, he then has dominion over the people, and they cannot shake his yoke from their necks.

In reality, the witan rarely elected kings (see § Witan, below). A king normally designated a successor during his lifetime, and the witan ratified this decision. If there was no apparent heir, the witan chose the most capable member of the ruling dynasty.^[31] Initially, candidates for kingship had to descend from Cerdic, the first West Saxon king.^[32] By the 10th century, only sons of kings were considered eligible for kingship and the title of ætheling.^[33] Beyond this, there were no strict rules for determining the next king.^[34] Sons usually succeeded their fathers, but older relatives could take precedence over young sons. Edmund I (r. 939–946) was succeeded by his brother Eadred (r. 946–955) because his sons were too young. Edmund's son Eadwig (r. 955–959) became king upon the death of his childless uncle.^[35]

The lack of clear rules created conflict whenever a king died. Æthelwold, son of Æthelred I (r. 865–871) and Alfred's nephew, disputed Edward the Elder's (r. 899–924) right to be king and allied with the Danes against Edward. Edward's death also instigated a succession crisis, as did the demise of his grandson, Edgar (r. 959–975). Disputes emerged when kings had sons by different wives or illegitimate sons tried to claim the throne.^[36] Ælfthryth, Edgar's second wife, likely murdered Edward the Martyr (r. 975–978) so that her son, Æthelred the Unready (r. 978–1016), could become king.^[28]

In their coronations, kings swore a three-part oath to protect the church, to punish criminals, and to do justice to all Christian people. This oath, called the promissio regis,^[37] would form the basis for later coronation charters and, ultimately, Magna Carta. Following these promises, kings were anointed with holy oil. Similar to priests, anointing set kings apart from all others. An anointed king could not be lawfully deposed, so a bad king was viewed as God's punishment for sin.^[38]

In the 10th century, coronations typically took place at Kingston upon Thames. Edward the Confessor was crowned at Winchester. In 1066, Harold Godwinson was crowned at the newly consecrated Westminster Abbey, which remained the customary place of coronation for future kings.^[39]

Powers

Seal of Edward the Confessor

Kings had extensive powers to make laws, mint coins, levy taxes, raise armies, regulate trade, and determine foreign policy.^[40] However, they usually legislated in consultation with a witan.^[41]

Hundred and shire courts handled most judicial matters, but all freemen had the right to appeal to the king and his witan. By the 10th century, certain offenses were considered "pleas of the king".^[42] There were two kinds of king's pleas: cases in which the king was a party and cases involving severe crimes reserved to the king's jurisdiction. These cases could only be tried in the presence of royal officials in the shire court.^[43] The laws of Cnut defined king's pleas as:^[44][45]

• violation of the royal protection (mund)
• murder
• treason
• arson
• attacks on houses
• persistent robbery
• counterfeiting
• assault
• harbouring fugitives
• neglect of military service
• fighting
• rape

The king appointed and removed all royal officers as he saw fit. He had the right to construct bridges and burhs. He was also responsible for the safety of foreigners, a responsibility codified in treaties concerning merchants and diplomats.^[46]

Royal household

Charter of King Æthelstan written by the royal scribe known as Æthelstan A in 931

The royal household included the royal family, royal favourites, military personnel, priests, clerks, and domestic servants.^[47] Ealdormen and thegns served regularly at court.^[48] Thegns who served in the royal household were called "king's thegns" and enjoyed higher status than regular thegns.^[49] Most noble household members served in rotation. However, a core remained in virtually constant attendance.^[48]

England did not yet have a capital city where the government was permanently based. However, Winchester and London were both important cities. The king's household and court were itinerant. Kings traveled constantly throughout southern England (where most royal estates were located) and less often to the north. The royal household was the center of Anglo-Saxon government and performed the executive functions of government.^[50] Kings delegated public duties to household officers, making them state officers.^[49] The chamberlains and the royal priests were the household officials most essential to royal administration.^[51]

A sealed writ of Edward the Confessor

There were always two or three chamberlains at a time. They were responsible for the royal bedchamber and the king's wardrobe or dressing room. The wardrobe was also where kings stored their valuables, such as money. As a result, the chamber and wardrobe functioned as the government's finance department. The chamber received all royal revenue, including taxation, fines, and income from other sources. The chamber then paid this money out for expenses. Kings stored their treasure in multiple places for convenience. By the time of Edward the Confessor, Winchester was a permanent treasury location.^[51]

The priests in the royal chapel provided for the household's spiritual needs. Within the chapel was a scriptorium or writing office dedicated to producing charters, writs, royal letters, and other official documents.^[52] Charters or "landbooks" were written in Latin and recorded royal grants of bookland to the church or individuals. A writ was a brief letter from the king with instructions to an official authenticated with a seal hanging from the document like a pendant. It was more efficient than a traditional charter.^[53] By the reign of Edward the Confessor, the writing office had custody of the great seal used to authenticate writs. Service in the royal chapel could be a stepping stone towards becoming a bishop.^[54]

Witan

Kings had to depend on the great men of the realm to maintain authority—ealdormen, thegns, bishops, and abbots. Nevertheless, kings could not monitor all of these officials, even with an itinerant court. It was much easier to summon the great men to royal councils—meetings of the witan or "wise men".^[55] According to historian Bryce Lyon, the witan "was an amoebic sort of organization with no definite composition or function".^[56] The term referred to large gatherings of nobles and small councils of advisers in the royal household.^[57] When English kings claimed overlordship over their Welsh neighbors, the Welsh kings might also be in attendance. High-ranking churchmen were influential, but not all witans included churchmen.^[58]

Whenever the king asked a large or small group of nobles to advise him and to witness or consent to a royal action, that assembly was a witan.^[59] Witans deliberated on a wide variety of business, including financial and judicial. Discussion occurred in the English language. A person refusing to appear before a witan was liable to heavy fines and even outlawry.^[60] A witan could meet anywhere at any time. London and Winchester were common locations. Christmas, Lent, and Easter were favorite times because many nobles were at the royal court.^[59]

The king consulted a witan on significant matters. For example, the king and his advisers drafted laws and submitted them to large witans for consultation and consent. In the words of Lyon, kings "seemed to feel that to consult with men from all parts of the kingdom produced a wider sampling of opinion and gave the law more solid support".^[61] Witans took part in both secular and ecclesiastical legislation. Church law, however, was drafted by the clergy, with lay nobles merely giving consent. Witans only consented to extraordinary taxation that would burden the nobility. For example, the witan consented to the Danegeld.^[62]

Witans discussed decisions related to war, peace, and treaties.^[63] The declaration of a royal will occurred at witans. The witan consented to and witnessed the granting of bookland by charter. When a king died, the witan nominally elected a new king (see § Succession, above). When a king gained power by conquest, he was careful to gain the witan's assent.^[64]

Coinage and taxation

Silver penny of Æthelred the Unready c. 997 – c. 1003

The Anglo-Saxon coinage was the best in Europe. Only the king had the right to issue coins. Æthelstan ordered every burh to have a mint,^[65] and there were 70 mints in the reign of Edward the Confessor.^[26] The government kept tight control over the quality and design of the coinage. Moneyers were required to use official coin dies and faced strict penalties for producing counterfeit money.^[66] In this period, only the silver penny was in circulation. Shillings, pounds, and marks were units of account.^[67]

The king was the largest landowner, and most of his income came from the royal estates (later called the Crown Estate).^[46] Anglo-Saxon kings were traditionally paid food render. By the 10th century, these payments were overshadowed in importance by the geld, a land tax based on hidage. There were different kinds of geld. After Viking attacks resumed in the 980s, English kings used Danegeld to fund tribute payments until England's conquest by Danish prince Cnut the Great. The heregeld paid soldiers and sailors. The heregeld was abolished in 1049 by Edward the Confessor, who placed responsibility for naval defense on the Cinque Ports in return for special privileges. Geld continued to be levied annually at a regular rate of 2 shillings per hide for the rest of the Anglo-Saxon period.^[68]

The king could exempt or grant to others the following rights:^[46]

• Collection of the heriot (inheritance tax)
• Collection of tolls and dues at markets, ports, roads, and waterways
• Right to treasure troves and to salvage shipwrecks
• Royal monopoly on mines and saltworks
• Fines paid in criminal and civil cases and for breach of the peace

Shires

The kings of Wessex divided England into shires. The ealdorman was a royal representative in charge of leading the shire's military forces, presiding over the shire court, and enforcing royal orders. He received land and a third of the income from the shire court, tolls, and dues. Reeves assisted an ealdorman. Initially, an ealdorman governed a single shire. However, Edward the Elder began having his ealdormen govern multiple shires.^[69] By 965, there were only two or three ealdormen in Wessex, four or five in Mercia, and one in Northumbria.^[70] During Cnut's reign, the term earl replaced ealdorman. By the reign of Edward the Confessor, earls like Godwin of Wessex, Leofric of Mercia, and Siward of Northumbria were threats to royal authority.^[71][72]

As the ealdorman's jurisdiction expanded, he delegated more responsibility to his reeves. The office of sheriff or "shire reeve" developed by the middle of the 10th century. By 1066, the sheriff was in charge of local government. He was the shire's chief military, financial, and judicial officer. The king relied on him to supervise royal estates and collect taxes and other revenue. He presided over the shire court, publicized royal pronouncements, enforced royal commands, and pursued criminals. Deputy reeves assisted him. The king appointed and dismissed sheriffs as he pleased.^[73]

The shire court met twice a year around Easter and Michaelmas.^[74] It was an administrative and judicial body with jurisdiction over criminal, civil, and ecclesiastical cases.^[75] The sheriff (or sometimes the earl)^[76] and the bishop presided, but there was no judge in the modern sense (royal judges would not sit in shire courts until the reign of Henry I). The local aristocracy controlled the court. The suitors of the court (bishops, earls, and thegns) declared the law and decided what proof of innocence or guilt to accept (such as ordeal or compurgation). The shire court handled administrative business, such as arrangements for collecting geld.^[77][75]

For information on Anglo-Saxon court procedure, see Anglo-Saxon law.

Hundreds and boroughs

Sometime in the 10th century, kings divided shires into hundreds or wapentakes. Initially, the hundred was an administrative district comprising a hundred hides headquartered at a royal vill.^[78] The hundred court met once a month. It handled routine judicial business, civil as well as criminal. It had jurisdiction over land ownership, tort, and ecclesiastical cases. People could appeal their cases to the shire court or to the king.^[79]

The sheriff presided two or three times a year, and a subordinate reeve presided at other times. Any landowning freeman could attend the hundred court. However, thegns controlled the court. As suitors to the court, the thegns (or their bailiffs) were responsible for declaring the law, deciding what form of proof to accept, and assisting with the court's administrative functions.^[80] Kings granted lords, bishops, and monasteries jurisdiction over some hundreds. In these private hundreds, the lord controlled the hundred court and received the profits of justice. The abbey of Bury St Edmunds, for example, controlled over eight hundreds in Suffolk.^[81]

The sheriff ensured that all men belonged to tithings. The tithing was a method of self-policing. The men of a tithing were responsible for bringing an accused person to court. If the accused escaped, the tithing was fined.^[82]

Most people in Anglo-Saxon England lived in small agricultural communities under the control of a lord. These communities were called tuns, townships, vills, or manors. The king could grant ecclesiastical and lay lords the right of sac and soc ("cause and suit"), toll and team, and infangenetheof over their estates. By the 11th century, most lords possessed these rights.^[83]

England experienced a revival of commerce and trade in the 10th and 11th centuries. Kings gave towns borough status in order to facilitate trade. Boroughs had courts (burghmoots, portmanmoots, or hustings) to provide adequate witnesses for commercial deals. London's Court of Husting had the power of a shire court, and the city was subdivided into wards. The merchants (see Burgess (title)) who lived in boroughs gained rights not available to rural peasants. These included freedom of movement, which was necessary for trade, and freedom from service to a lord. An early form of burgage tenure already existed.^[84][85][86] The portreeve was an important town officer.^[87]

In addition to the regular divisions of a shire, there also existed special jurisdictions called liberties where the sheriff had limited power and where dues owed to the king were granted to local lords. Some of these, such as the Soke of Peterborough, survived into modern times as local authorities.^[88]

Citations

Bibliography