Anglo-Saxon Law - Influences

Influences

The oldest Anglo-Saxon law codes, especially from Kent and Wessex, reveal a close affinity to the laws of the North Sea peoples—those of the Saxons, Frisians, and Scandinavians. For example, one finds a division of social ranks reminiscent of the threefold gradation of nearby peoples (cf. OE eorl "nobleman", ċeorl "freeman", þēow "bondman", Norse jarl, karl, þræll, Frisian etheling, friling, lēt), and not of the twofold Frankish one (baro "freeman", lætus "bondman"), nor of the slight differentiation of the Upper Germans and Lombards. In subsequent history there is a good deal of resemblance between the capitularies' legislation of Charlemagne and his successors on one hand, the acts of Alfred, Edward the Elder, Æthelstan and Edgar on the other, a resemblance called forth less by direct borrowing of Frankish institutions than by the similarity of political problems and condition. Frankish law becomes a powerful modifying element in English legal history after the Conquest, when it was introduced wholesale in royal and in feudal courts. The Scandinavian invasions brought in many northern legal customs, especially in the districts thickly populated with Danes. The Domesday survey of Lincolnshire, Nottinghamshire, Yorkshire, Norfolk, &c., shows remarkable deviations in local organization and justice (lagmen, sokes), and great peculiarities as to status (socmen, freemen), while from laws and a few charters we can perceive some influence on criminal law (nidings-vaerk), special usages as to fines (lahslit), the keeping of peace, attestation and sureties of acts (faestermen), &c. But, on the whole, the introduction of Danish and Norse elements, apart from local cases, was more important owing to the conflicts and compromises it called forth and its social results,—than on account of any distinct trail of Scandinavian views in English law. The Scandinavian newcomers coalesced easily and quickly with the native population.

The direct influence of Roman law was not great during the Saxon period: we notice neither the transmission of important legal doctrines, chiefly through the medium of Visigothic codes, nor the continuous stream of Roman tradition in local usage. But indirectly Roman law did exert a by no means insignificant influence through the medium of the Church, which, for all its insular character, was still permeated with Roman ideas and forms of culture. The Old English "books" are derived in a roundabout way from Roman models, and the tribal law of real property was deeply modified by the introduction of individualistic notions as to ownership, donations, wills, rights of women, &c. Yet in this respect also the Norman Conquest increased the store of Roman conceptions by breaking the national isolation of the English Church and opening the way for closer intercourse with France and Italy.

It would be useless to attempt to trace in a brief sketch the history of the legal principles embodied in the documents of Anglo-Saxon law. But it may be of some value to give an outline of a few particularly characteristic subjects.