The Laws of Aethelberht of Kent
Overview
The Laws of Aethelberht, also known as the Leges Aethelberhti, are a collection of legal codes promulgated by the Anglo-Saxon King Aethelberht of Kent in the early 7th century. These laws are considered one of the earliest written laws in English history and provide valuable insights into the social, economic, and political organization of early medieval England.
The Laws of Aethelberht were enacted during a period of significant political and social transformation in early medieval England. The Anglo-Saxon kingdoms were gradually consolidating their power, and Aethelberht was one of the most powerful rulers of his time. Aethelberht’s reign saw the conversion of the Anglo-Saxons to Christianity, and the influence of the Church is evident in the laws he propagated. The laws reflect the fusion of Germanic customary law and Christian doctrine, indicating the growing influence of Christianity on Anglo-Saxon society.
Contents
The Laws of Aethelberht cover a broad range of topics, including theft, murder, marriage, property, and slavery. The laws reflect the social stratification of Anglo-Saxon society and provide insights into the roles of different social classes. The laws distinguished between freemen, slaves, and foreigners, with different legal rights and obligations. For example, freemen were subject to a fine for killing a slave, but the killing of a freeman was punishable by death. The laws also regulated marriage and inheritance, with different rules for different social classes.
The Laws of Aethelberht reflect the influence of the Church on Anglo-Saxon society. The laws prohibit paganism and mandate the observance of Christian religious practices. The laws also establish the Church’s role in the administration of justice, with the Church providing sanctuary for fugitives and the clergy serving as witnesses and judges in legal disputes.
1. [Theft of] God’s property and the Church’s shall be compensated twelve fold; a bishop’s property eleven fold; a priest’s property nine fold; a deacon’s property six fold; a clerk’s property three fold. Breach of the peace shall be compensated doubly when it affects a church or a meeting place.
2. If the king calls his lieges to him, and anyone molests them there, he shall pay double compensation, and 50 shillings to the king.
3. If the king is feasting at anyone’s house, and any sort of offence is committed there, twofold compensation shall be paid.
4. If a freeman robs the king, he shall pay back a nine fold amount.
5. If one man slays another on the king’s premises, he shall pay 50 shillings compensation.
6. If a man slays a free man, he shall pay 50 shillings to the king for infraction of his seignorial rights.
7. If [he] slays a smith in the king’s service, or a messenger belonging to the king, he shall pay an ordinary wergeld.
8. The king’s mundbyrd shall be 50 shillings.
9. If a freeman robs a freeman, he shall pay a three fold compensation, and the king shall take the fine, or all [the man’s] goods.
10. If a man lies with a maiden belonging to the king, he shall pay 50 shillings compensation.
11. If she is a grinding slave, he shall pay 25 shillings compensation. [If she is of the] third [class], [he shall pay] 12 shillings compensation.
12. 20 shillings shall be paid for killing a fedesl belonging to
the king.
13. If one man slays another on the premises of a nobleman, he shall pay 12 shillings’ compensation.
14. If a man lies with a nobleman’s serving maid, he shall pay 12 shillings compensation.
15. A commoner’s mundbyrd shall be 6 shillings.
16. If a man lies with a commoner’s serving maid, he shall pay 6 shillings compensation; [if he lies] with a slave of the second class, [he shall pay] 50 sceattas [compensation]; if with one of the third class, 30 sceattas.
17. If a man is the first to make [forcible] entry into another man’s premises, he shall pay 6 shillings compensation. He who comes next shall pay 3 shillings compensation; and afterwards each one shall pay a shilling.
18. If one man supplies another with weapons when a quarrel is taking place, no injury however being inflicted, he [the lender] shall pay 6 shillings compensation.
19. If highway robbery is perpetrated [with the aid of those weapons], [the lender] shall pay 6 shillings compensation.
20. If the man is slain, [the lender of the weapons] shall pay 20 shillings compensation.
21. If one man slays another, the ordinary wergeld to be paid as compensation shall be 100 shillings.
22. If one man slays another, he shall pay 20 shillings before the grave is closed, and the whole of the wergeld within 40 days.
23. If a homicide departs from the country, his relatives shall pay half the wergeld.
24. If a man lays bonds on a freeman, he shall pay 20 shillings compensation.
25. If a man slays the dependant of a commoner, he shall pay [the commoner] 6 shillings ‘ compensation.
26. If he slays a lat of the best class, he shall pay 80 shillings; if he slays one of the second class, he shall pay 60 shillings; [for slaying one of] the third class, he shall pay 40 shillings.
27. If a freeman breaks the fence round [another man’s] enclosure, he shall pay 6 shillings’ compensation.
28. If any property be seized therein, the man shall pay a three fold compensation.
29. If a freeman makes his way into a fenced enclosure, he shall pay 4 shillings compensation.
30. If one man slays another, he shall pay the wergeld with his own money and property (i.e. livestock or other goods) which whatever its nature must be free from blemish [or damage].
31. If [one] freeman lies with the wife of [another] freeman, he shall pay [the husband] his [or her] wergeld, and procure a second wife with his own money, and bring her to the other man’s home.
32. If anyone damages the enclosure of a dwelling, he shall pay according to its value.
33. For seizing a man by the hair, 50 sceattas shall be paid as compensation.
34. If a bone is laid bare, 3 shillings shall be paid as compensation.
35. If a bone is damaged, 4 shillings shall be paid as compensation.
36. If the outer covering of the skull is broken, 10 shillings shall be paid as compensation.
37. If both are broken, 20 shillings shall be paid as compensation.
38. If a shoulder is disabled, 30 shillings shall be paid as compensation.
39. If the hearing of either ear is destroyed, 25 shillings shall be paid as compensation.
40. If an ear is struck off, 12 shillings shall be paid as compensation.
41. If an ear is pierced, 3 shillings shall be paid as compensation.
42. If an ear is lacerated, 6 shillings shall be paid as compensation.
43. If an eye is knocked out, 50 shillings shall be paid as compensation.
44. If the mouth or an eye is disfigured, 12 shillings shall be paid as compensation.
45. If the nose is pierced, 9 shillings shall be paid as compensation.
46. If it is one cheek, 3 shillings shall be paid as compensation.
47. If both are pierced, 6 shillings shall be paid as compensation.
48. If the nose is lacerated otherwise [than by piercing], 6 shillings shall be paid as compensation, for each laceration.
49. If it is pierced, 6 shillings shall be paid as compensation.
50. He who smashes a chin bone, shall pay for it with 20 shillings.
51. For each of the 4 front teeth, 6 shillings [shall be paid as compensation]; for each of the teeth which stand next to these, 4 shillings [shall be paid as compensation]; then for each tooth which stands next to them, 3 shillings [shall be paid as compensation]; and beyond that 1 shilling [shall be paid as compensation] for each tooth.
52. If the power of speech is injured, 12 shillings [shall be paid as compensation].
§1. If a collar bone is injured, 6 shillings shall be paid as compensation.
53. He who pierces an arm shall pay 6 shillings compensation.
§1 . If an arm is broken, 6 shillings shall be paid as compensation.
54. If a thumb is struck off, 20 shillings [shall be paid as compensation].
§1. If a thumb nail is knocked off, 3 shillings shall be paid as compensation.
§2. If a man strikes off a forefinger, he shall pay 9 shillings compensation.
§3. If a man strikes off a middle finger, he shall pay 4 shillings compensation.
§4. If a man strikes off a ‘ ring finger,’ he shall pay 6 shillings compensation.
§5. If a man strikes off a little finger, he shall pay 11 shillings compensation.
55. For the nails of each [of the above-mentioned fingers], 1 shilling [shall be paid as compensation].
56. For the slightest disfigurement, 3 shillings, and for a greater 6 shillings [shall be paid as compensation].
57. If one man strikes another on the nose with his fist, 3 shillings [shall be paid as compensation].
58. If it leaves a bruise, 1 shilling [shall be paid as compensation].
§1. If the blow is received with uplifted hand, a shilling shall be paid.
59. If it leaves a black bruise [showing] outside the clothes, 30 sceattas shall be paid as compensation.
60. If it [the bruise] is under the clothes, 20 sceattas shall be
paid as compensation for each [bruise].
61. If the belly is wounded, 12 shillings shall be paid as compensation.
§1. If it be pierced through, 20 shillings shall be paid as compensation.
62. If a man receives medical treatment, 30 shillings shall be paid as compensation.
63. If a man is severely wounded, 30 shillings shall be paid as compensation.
64. If anyone destroys the generative organ, he shall pay for it with three times the wergeld.
§1. If he pierces it right through, he shall pay 6 shillings compensation.
§2. If he pierces it partially, he shall pay 6 shillings compensation.
65. If a thigh is broken, 12 shillings shall be paid as compensation.
§1. If he becomes lame, the settlement of the matter may be left to friends.
66. If a rib is broken, 3 shillings shall be paid as compensation.
67. If a thigh is pierced right through, 6 shillings compensation shall be paid for each stab [of this kind].
§1. For a stab over an inch [deep], 1 shilling; for a stab between 2 and 3 inches [deep], 2 shillings; for a stab over 3 inches [deep], 3 shillings [shall be paid as compensation].
68. If a sinew is wounded, 3 shillings shall be paid as compensation.
69. If a foot is struck off, 50 shillings shall be paid for it.
70. If the big toe is struck off, 10 shillings shall be paid for it.
71. For each of the other toes, [a sum] equal to half that laid down for the corresponding fingers shall be paid.
72. If the nail of the big toe is knocked off, 30 sceattas shall be paid as compensation.
§1. 10 sceattas shall be paid as compensation for the loss of each of the other toenails.
73. If a freeborn woman, with long hair, misconducts herself, she shall pay 30 shillings as compensation.
74. Compensation [for injury] to be paid to an unmarried woman, shall be on the same scale as that paid to a freeman.
75. The compensation to be paid for violation of the mund of a widow of the best class, [that is, of a widow] of the nobility, shall be 50 shillings.
§1. For violation of the mund of a widow of the second class, 20 shillings; of the third class, 12 shillings; of the fourth class, 6 shillings.
76. If a man takes a widow who does not [of right] belong to him, double the value of the mund shall be paid.
77. If a man buys a maiden, the bargain shall stand, if there is no dishonesty.
§1. If however there is dishonesty, she shall be taken back to her home, and the money shall be returned to him.
78. If she bears a living child, she shall have half the goods left by her husband, if he dies first.
79. If she wishes to depart with her children, she shall have half the goods.
80. If the husband wishes to keep [the children], she shall have a share of the goods equal to a child’s.
81. If she does not bear a child, [her] father’s relatives shall have her goods, and the morning gift.
82. If a man forcibly carries off a maiden, [he shall pay] 50 shillings to her owner, and afterwards buy from the owner his consent.
83. If she is betrothed, at a price, to another man, 20 shillings shall be paid as compensation.
84. If she is brought back, 35 shillings shall be paid, and 15 shillings to the king.
85. If a man lies with the woman of a servant, during the lifetime of the husband, he shall pay a twofold compensation.
86. If one servant slays another, who has committed no offence, he shall pay his full value.
87. If the eye and foot of a servant are destroyed [by blows], his full value shall be paid.
88. If a man lays bonds on another man’s servant, he shall pay 6 shillings compensation.
89. The sum to be paid for robbing a slave on the highway
shall be 3 shillings.
90. If a slave steals, he shall pay twice the value [of the stolen goods], as compensation.
Related Topics
Further Research & References
Bede. The Ecclesiastical History of the English People. Edited and translated by Judith McClure and Roger Collins. Oxford: Oxford University Press, 1994.
Campbell, James. “The Laws of Kent and the Development of Anglo-Saxon Law.” Early Medieval Europe 7, no. 1 (1998): 27-45. doi:10.1111/1468-0254.00003.
Ferguson, R. J. “The Significance of the Kentish Laws in the Development of Early English Law.” In Law and Government in Medieval England and Normandy: Essays in Honour of Sir James Holt, edited by George Garnett and John Hudson, 13-23. Cambridge: Cambridge University Press, 1994. doi:10.1017/CBO9780511523089.003.
Miller, Sean. “Aethelberht.” In The Blackwell Encyclopedia of Anglo-Saxon England, edited by Michael Lapidge, John Blair, Simon Keynes, and Donald Scragg. Oxford: Blackwell Publishing, 2001.
Whitelock, Dorothy. “The Background and Historical Value of the Kentish Laws.” In Law and Government in Medieval England and Normandy: Essays in Honour of Sir James Holt, edited by George Garnett and John Hudson, 1-12. Cambridge: Cambridge University Press, 1994. doi:10.1017/CBO9780511523089.002.
Photos:
Statue of Bertha
Dennis3333, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons. [cropped]
King Ine’s Commemoration Stone
Greenshed, CC0, via Wikimedia Commons