Æthelstan
Law

The Anglo-Saxons were the first people in northern Europe to write administrative documents in the vernacular, and law codes in Old English go back to Æthelberht of Kent at the beginning of the seventh century. The law code of Alfred the Great, from the end of the ninth century, was also written in the vernacular, and he expected his ealdormen to learn it. His code was strongly influenced by Carolingian law going back to Charlemagne in such areas as treason, peace-keeping, organisation of the hundreds and judicial ordeal. It remained in force throughout the tenth century, and Æthelstan's codes were built on this foundation. Legal codes required the approval of the king, but they were treated as guidelines which could be adapted and added to at the local level, rather than a fixed canon of regulations, and customary oral law was also important in the Anglo-Saxon period.

More legal texts survive from Æthelstan's reign than from any other tenth-century English king. The earliest appear to be his tithe edict and the "Ordinance on Charities". Four legal codes were adopted at Royal Councils in the early 930s at Grateley in Hampshire, Exeter, Faversham in Kent, and Thunderfield in Surrey. Local legal texts survive from London and Kent, and one concerning the 'Dunsæte' on the Welsh border probably also dates to Æthelstan's reign. In the view of the historian of English law Patrick Wormald, the laws must have been written by Wulfhelm, who succeeded Athelm as Archbishop of Canterbury in 926. Other historians see Wulfhelm's role as less important, giving the main credit to Æthelstan himself, although the significance placed on the ordeal as an ecclesiastical ritual shows the increased influence of the church. Nicholas Brooks sees the role of the bishops as marking an important stage in the increasing involvement of the church in the making and enforcement of law.

The two earliest codes were concerned with clerical matters, and Æthelstan stated that he acted on the advice of Wulfhelm and his bishops. The first asserts the importance of paying tithes to the church. The second enforces the duty of charity on Æthelstan's reeves, specifying the amount to be given to the poor and requiring reeves to free one penal slave annually. His religious outlook is shown in a wider sacralisation of the law in his reign.

The later codes show his concern with threats to social order, especially robbery, which he regarded as the most important manifestation of social breakdown. The first of these later codes, issued at Grateley, prescribed harsh penalties, including the death penalty for anyone over twelve years old caught in the act of stealing goods worth more than eight pence. This apparently had little effect, as Æthelstan admitted in the Exeter code: "I King Æthelstan, declare that I have learned that the public peace has not been kept to the extent, either of my wishes, or of the provisions laid down at Grateley, and my councillors say that I have suffered this too long." In desperation the Council tried a different strategy, offering an amnesty to thieves if they paid compensation to their victims. The problem of powerful families protecting criminal relatives was to be solved by expelling them to other parts of the realm. This strategy did not last long, and at Thunderfield Æthelstan returned to the hard line, softened by raising the minimum age for the death penalty to fifteen "because he thought it too cruel to kill so many young people and for such small crimes as he understood to be the case everywhere". His reign saw the first introduction of the system of tithing, sworn groups of ten or more men who were jointly responsible for peacekeeping (later known as frankpledge). Sarah Foot commented that tithing and oath-taking to deal with the problem of theft had its origin in Frankia: "But the equation of theft with disloyalty to Æthelstan's person appears peculiar to him. His preoccupation with theft—tough on theft, tough on the causes of theft—finds no direct parallel in other kings' codes."

Historians differ widely regarding Æthelstan's legislation. Patrick Wormald's verdict was harsh: "The hallmark of Æthelstan's law-making is the gulf dividing its exalted aspirations from his spasmodic impact." In his view, "The legislative activity of Æthelstan's reign has rightly been dubbed 'feverish'... But the extant results are, frankly, a mess. In the view of Simon Keynes, however, "Without any doubt the most impressive aspect of King Æthelstan's government is the vitality of his law-making", which shows him driving his officials to do their duties and insisting on respect for the law, but also demonstrates the difficulty he had in controlling a troublesome people. Keynes sees the Grateley code as "an impressive piece of legislation" showing the king's determination to maintain social order.
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