Laws of Athelstan
Overview
The Laws of Aethelstan, also known as the Leges Aethelstani or the Code of Aethelstan, are a collection of legal codes attributed to King Aethelstan of England. Aethelstan, who reigned from 924 to 939, is the first ruler to be recognized as the King of all England, and his legal codes play a significant role in the development of English law.
There are six documents that comprise the Laws of Aethelstan and they represent an attempt to unify the legal systems of the various Anglo-Saxon kingdoms that Aethelstan has conquered. They are likely compiled and promulgated in the early 930s and are based on earlier legal traditions, including the laws of Aethelbert of Kent and the laws of Alfred the Great. Aethelstan’s codes are considered comprehensive and cover a wide range of topics, including civil, criminal, and ecclesiastical matters.
The laws provide a system of justice and governance for the realm, outlining the rights and responsibilities of individuals and the procedures for resolving disputes. They address issues such as property rights, theft, violence, and the role of the Church. The codes also define penalties for various offenses, with punishments ranging from fines to corporal punishment and even death in some cases.
One notable aspect of the Laws of Aethelstan is their emphasis on the importance of the king’s authority and the unity of the kingdom. Aethelstan’s codes make it clear that the king’s law supersedes the laws of individual regions or jurisdictions, promoting a sense of national unity and centralization of power. Additionally, there is an ordinance attributed to Athelstan that deals with the act of charity.
Significance
The Laws of Aethelstan are significant not only for their content but also for their influence on later legal developments in England. They are cited and used as a reference by subsequent English kings and legal authorities, contributing to the development of common law and the establishment of a unified legal system in England. While the specific texts of the laws have not survived, they are known through references and citations in later legal documents.
Laws of Athelstan
- I Athelstan
- II Athelstan 1 - 10
- II Athelstan 11 - 20
- II Athelstan 21 - 26
- III Athelstan
- IV Athelstan
- V Athelstan
- VI Athelstan 1 - 7
- VI Athelstan 8 - 12
- Ordinance Relating to Charities
I, King Æthelstan, with the advice of my Archbishop, Wulfhelm, and my other bishops also, inform the reeve in every borough, and pray you in the name of God and of all His saints, and command you also by my friendship, that in the first place you render tithes of my own property, both in livestock and in the yearly fruits of the earth, measuring, counting and weighing [them] in accordance with the strictest accuracy. And the bishops shall do the same with their own property, and my ealdormen and my reeves likewise.
1. And I desire my bishops and the reeves to give this order to all those whose duty it is to obey them, and that it [the payment] be rendered on the legally appointed day; and that shall be the day on which Saint John the Baptist was beheaded.
2. Let us remember how Jacob the Patriarch declared “Decimas et hostias pacificas offeram tibi,” (I will offer you tithes and peace offerings) and how Moses declared in God’s Law “Decimas et primitias non tardabis offerre Domino.” (You shall not be slow to offer tithes and firstfruits to the Lord).
3. It suits us to remember how terrible is the declaration stated in books; “If we are not willing to render tithes to God, he will deprive us of the nine [remaining] parts, when we least expect it, and moreover we shall have sinned also.”
4. And I further desire that my reeves see to it that church dues and payments for the souls of the dead are rendered at the places to which they are legally due, and that plough alms [are rendered] yearly — on the understanding that all these payments shall be used at the holy places by those who are willing to attend to their churches, and wish to gain the favour of God and me. He who is not willing [to attend to his church] shall either forfeit his benefice or revert to a proper discharge of his duties.
§ 1. For the divine teaching instructs us that we gain the things of heaven by those of the earth, and the eternal by the temporal.
5. Now you hear, says the king, what I grant to God, and what you must perform on pain of forfeiting the fine for insubordination to me. And you shall see to it also that you grant me that which is my own, and which you may legally acquire for me. I do not wish that you should anywhere acquire anything for me wrongfully, but I will rightfully grant you that which is yours, on the condition that you grant me what is mine. And you must guard against the anger of God and insubordination to me, both yourselves and those whom it is your duty to admonish.
1. First, no thief shall be spared, who is seized in the act, if he is over twelve years old and [if the value of the stolen goods is] more than 8 pence.
§ 1. And if anyone does spare such a thief, he shall either pay for him to the amount of his wergeld — though in that case the thief shall not be any the less liable to punishment — or clear himself [of the accusation] by an oath of equivalent value.
§ 2. If, however, he [the thief] tries to defend himself, or if he takes to flight, he shall not be spared.
§ 3. If a thief is put in prison, he shall remain there forty days, and then he may be released on payment of 120 shillings, but his relatives shall stand as surety that he shall cease for ever after [from thieving].
§ 4. If he steals after that, they [his kinsmen] shall pay for him to the amount of his wergeld or put him back there.
§ 5. If anyone defends him, he shall pay for him to the amount of his wergeld, either to the king or to him to whom it is legally due, and everyone who renders him assistance shall pay a fine of 120 shillings to the king.
2. With regard to lordless men from whom no [legal] satisfaction can be obtained, we have declared that their relatives shall be commanded to settle them in a fixed residence where they will become amenable to public law, and find them a lord at a public meeting.
§ 1. If, however, on the appointed day they [the relatives of such a man] will not or cannot, he shall be henceforth an outlaw, and he who encounters him may assume him to be a thief and kill him.
§ 2. And he who harbours him after he has been declared an outlaw, shall pay for him to the amount of his wergeld, or clear himself with an oath of equivalent value.
3. If a lord refuses justice, by taking the part of one of his men who has done wrong, and application is made to the king [about the matter, the lord] shall pay the value of the goods [in dispute] and give 120 shillings to the king. He who applies to the king before he pleads as often as is required for justice [at home], shall pay the same fine as the other would have had [to pay] if he had refused him [the plaintiff] justice.
§ 1. And if a lord is accessory to a theft by one of his slaves, and it afterwards becomes known, he shall on the first occasion suffer the loss of his slave and forfeit his wergeld. If he repeats the offence he shall forfeit all he possesses.
§ 2. And in like manner also, any of the royal treasurers or [any] of our reeves who have been accessories of thieves, who have been guilty of stealing, shall suffer the same [penalty].
4. And we have declared with regard to one who is accused of plotting against his lord, that he shall forfeit his life if he cannot deny it, or [if he does deny it and] is afterwards found guilty in the threefold ordeal.
5. And we have declared with regard to breaking into a church — if he [who is accused of doing so] is found guilty in the threefold ordeal, he shall pay such compensation for it as the written law declares.
6. And we have declared with regard to witchcrafts and sorceries and deadly spells, if death is occasioned thereby, and [the accused] cannot deny it [the charge], that he shall forfeit his life.
§ 1. If, however, he wishes to deny it, and is found guilty in the threefold ordeal, he shall remain in prison for 120 days; and afterwards the relatives may take him out and give 120 shillings to the king and pay the wergeld [of the dead man] to his relatives, and stand as surety for the offender that he shall cease from such practices for ever.
§ 2. Incendiaries, and those who avenge a thief, shall be subject to the same law.
§ 3. And he who seeks to avenge a thief, but does not wound anyone, shall pay a fine of 120 shillings to the king for [making such an] assault.
7. And we have declared, with regard to the simple ordeal for men who have often been accused of theft, and have been found guilty [thereby], and do not know anyone who will stand as surety for them, they shall be put in prison and they shall be liberated [only] on the conditions stated above.
8. And we have declared if any landless man who has been serving in another shire, returns to his relatives, he who entertains him shall do so [only] on the condition that if he commits any offence there, he [who entertains him] shall bring him to justice, or pay compensation on his behalf.
9. He who attaches livestock shall have five men nominated to him from among his neighbours, and he shall select one of the five to swear with him that he is attaching the livestock in accordance with public law. And he who wishes to maintain his claim [to the livestock] shall have ten men nominated to him, and he shall select two of them without calling for the testimony of the whole number, and swear an oath that the livestock was born in his possession. Recourse shall be had to this selected oath when the stock exceeds the value of 20 pence.
10. And no one shall exchange any cattle unless he has as witness the reeve or the mass – priest, or the landowner, or the treasurer, or some other trustworthy man. If anyone does so, he shall pay a fine of 30 shillings, and the landowner shall take what has been exchanged.
§ 1. But if it is found that any one of them has borne false witness, never again shall his witness be valid; and moreover he shall pay a fine of 30 shillings.
11. And we have declared that he who demands redress for a slain thief shall go with three others, two [of the three] belonging to the father’s kindred and one to the mother’s, and they shall give an oath that they know of no theft committed by their kinsman, for perpetrating which he deserved to be put to death. The homicide shall go with twelve others and charge the dead man with guilt in the manner already ordained. And if the kinsmen of the dead man will not come thither at the appointed day, each of those who have demanded redress shall pay 120 shillings.
12. And we have declared that no one shall buy goods worth more than 20 pence, outside a town; but he shall buy within the town, in the presence of the port-reeve or some other trustworthy man, or again, in the presence of the reeves at a public meeting.
13. And we declare that every fortress shall be repaired by a fortnight after Rogation days.
§ 1. Secondly: that all trading shall be carried on in a town.
14. Thirdly: [we declare] that there shall be one coinage throughout the king’s realm, and no man shall mint money except in a town.
§ 1. And if a moneyer is found guilty [of issuing base or light coins] the hand shall be cut off with which he committed the crime, and fastened up on the mint. But if he is accused and he wishes to clear himself, then shall he go to the hot iron [ordeal] and redeem the hand with which he is accused of having committed the crime. And if he is proved guilty the same punishment shall be inflicted as we have already declared.
§ 2. In Canterbury there shall be seven moneyers: four for the king, two for the archbishop, one for the abbot. In Rochester, two for the king and one for the bishop. In London eight; in Winchester six; in Lewes two; in Hastings one; another in Chichester; two in Southampton; two in Wareham; [one in Dorchester]; two in Exeter; two at Shaftesbury, and one in [each of] the other boroughs.
15. Fourthly: [we declare] that no shieldmaker shall cover a shield with sheepskin. If he does he shall pay 30 shillings.
16. Fifthly: [we declare] that every man shall provide two well-mounted men for every plough in his possession.
17. Sixthly: [we declare] if anyone takes bribes from a thief and [by so doing] frustrates the just claims of another, he shall forfeit his wergeld.
18. Seventhly: [we declare] that no man shall send any horse across the sea unless he wishes to make a present of it.
19. And we have declared with regard to a slave who has been found guilty in the ordeal, that [his master] shall pay the amount involved, and either inflict three scourgings on him or pay a second sum equal to the amount involved. And the fine for theft by a slave shall be half the amount [paid by a freeman for a similar offence].
20. And if anyone fails to attend an assembly three times, he shall pay the fine due to the king for insubordination. And the meeting of the assembly shall be announced seven days before it is held.
§ 1. If, however, he will not comply with the law, and pay the fine for insubordination, then all the chief men who belong to the borough shall ride [to his house] and take all that he owns, and place him under surety.
§ 2. If anyone refuses to ride [on such a mission] with his companions, he shall pay the fine for insubordination to the king.
§ 3. And it shall be proclaimed in the assembly, that men shall respect everything which the king wishes to be respected, and refrain from theft on pain of death and [the loss of] all they possess.
§ 4. Again, if any even then will not desist, all the chief men who belong to the borough shall ride and take all he possesses, and the king shall receive half, and the men who ride to apprehend him the other half, and they shall place him under surety.
§ 5. And if he knows no one who will act as surety for him, they shall arrest him.
§ 6. And if he is not willing to consent thereto, they shall put him to death, unless he escapes.
§ 7. And if anyone tries to avenge him, or institutes a vendetta against any of them [who slew him], then he shall incur the hostility of the king and all his friends.
§ 8. If he escapes and anyone harbours him, he [who does so] shall forfeit his wergeld unless he dares to clear himself by [declaring on an oath equal to] the fugitive’s wergeld, that he did not know he was a fugitive.
21. If anyone compounds for an ordeal, he shall make what terms he can for the amount involved, but on no account shall he compound for the fine, unless he to whom it is due is willing to consent.
22. And no one shall receive a man who is subject to another, without the permission of him whom he has been serving.
§ 1. If anyone does so, he shall give up the man and pay as compensation the sum due to the king for insubordination.
§ 2. And no one shall send away one of his men, if he has been accused, before the man has complied with the demands of the law.
23. If anyone engages to undergo an ordeal, he shall come three days before to the mass-priest who is to consecrate it, and he shall feed himself on bread and water and salt and herbs before he proceeds further, and he shall attend mass on each of the three days. And on the day he has to go to the ordeal, he shall make an offering and attend communion; and then before he goes to the ordeal, he shall swear an oath that according to the public law he is innocent of the accusation.
§ 1. And if the ordeal is by water he shall sink to a depth of one and a half ells (unit of measurement) on the rope. If the ordeal is by [hot] iron three days shall elapse before the hand is unwrapped.
§ 2. And every man shall precede his accusation with an oath, as we have already declared, and everyone who is present in both parties shall fast according to the command of God and the archbishop. And there shall not be more than twelve on either side. If, however, the accused man is one of a party greater than twelve, the ordeal shall be invalidated, unless they will leave him.
24. And if anyone buys cattle in the presence of a witness, and afterwards has to vouch it to warranty, then he from whom he has bought it shall receive it back again, whether he be a slave or a freeman – whichever he may be.
§ 1. And no trading shall take place on Sundays; and if anyone does so he shall lose the goods and pay a fine of 30 shillings.
25. If any of my reeves is not willing to carry out this [our ordinance], or shows less regard for it than we have declared [he must], then he shall pay the fine due to me for insubordination, and I will find another [reeve] who will be willing.
§ 1. And the fine for insubordination shall be exacted from the reeve by the bishop, within whose diocese the offence is perpetrated.
§ 2. He who violates these ordinances shall, on the first occasion, pay 5 pounds; on the second occasion, his wergeld; and on the third he shall lose all that he has, and the friendship of us all.
26. And if anyone swears a false oath and it becomes manifest he has done so, he shall never again have the right to swear an oath; and he shall not be buried in any consecrated burial ground when he dies, unless he has the testimony of the bishop, in whose diocese he is, that he has made such amends as his confessor has prescribed to him.
§ 1. And his confessor shall make known to the bishop within thirty days whether he has been willing to make amends. If he [the confessor] does not do so, he shall pay such compensation as the bishop is willing to allow him [to pay].
All this was established at the great assembly at Grately, at which Archbishop Wulfhelm was present, with all the nobles and councillors whom King Æthelstan had assembled.
The decree of the bishops and other councillors in Kent, concerning measures for the preservation of the public peace. Most beloved! Your bishops in Kent, and all the thegns of that county, nobles and commoners, give thanks to you their most beloved lord, because you have been willing to advise us concerning the peace of our land; and to enquire into, and provide for our welfare; for we, both rich and poor, have great need thereof.
1. And this we have undertaken, with all the zeal of which we were capable, and with the help of the councillors whom you have sent to us.
§ 1. The first [of the provisions] most beloved lord relates to our tithes, for the [payment of] which we are very eager and desirous; and we humbly return thanks to you for your injunction.
2. The second relates to the measures enacted by your councillors at Grately, and now also proclaimed in the Council at Faversham, for the peace of our land, for the preservation of which the whole people is much concerned.
3. Thirdly, all humbly thank you, their most beloved lord, for the favour you have granted to criminals; namely that all criminals shall be pardoned for any crime whatsoever, which was committed before the Council of Faversham, on the condition that henceforth and forever they abstain from all evil doing, and between now and August confess their crimes and make amends for everything of which they have been guilty.
4. Fourthly, no one shall receive a man who has been in the service of another, without the permission of him he has been serving, whether within our borders or beyond them.
§ 1. And a lord also shall not prohibit a free man from seeking for himself a [new] lord, if he has conducted himself rightly.
5. Fifthly, he who neglects this shall be liable to those [punishments] which are stated in the statute relating to the public peace, which was drawn up at Grately.
6. Sixthly, if any man is so rich, or belongs to so powerful a kindred that he cannot be punished, and moreover is not willing to desist [from his wrongdoing], you shall cause him to be removed to another part of your kingdom, as was declared in the west – whatever his station in life, whether he be noble or commoner.
7. Seventhly, every man shall stand surety for his own men against every [charge of] crime.
§ 1. If, however, there is anyone who has so many men, that he is not able to control them, he shall place each estate in charge of a reeve, whom he can trust, and who will trust the men.
§ 2. And if there is any of those men whom the reeve dare not trust, he shall find twelve supporters from among his kindred, who will stand as security for him.
§ 3. And if a lord or a reeve or any man breaks this decree or departs from it, he shall suffer the penalties declared at Grately, unless the king prefers to inflict a different penalty.
8. Eighthly, we have all agreed that shields shall be made in accordance with your declarations. And we beseech your clemency, lord, if this document contains either too much, or too little, to command alterations to be made according to your wishes. And we are zealously prepared to carry out everything you are willing to order us, in so far as it lies within our power to do so.
1. These are the ordinances which the councillors established at Exeter by the advice of King Æthelstan, and again at Faversham, and on a third occasion at Thundersfield where all these provisions were drawn up, and ratified.
2. And first of all; all the decrees shall be observed, which were established at Grately except those which relate to trading in a town and trading on Sunday.
3. And if anyone is so rich or belongs to so powerful a kindred, that he cannot be restrained from crime or from protecting and harbouring criminals, he shall be led out of his native district with his wife and children, and all his goods, to any part of the kingdom which the king chooses, be he noble or commoner, whoever he may be — with the provision that he shall never return to his native district. And henceforth, let him never be encountered by anyone in that district; otherwise he shall be treated as a thief caught in the act.
§ 1. And if anyone harbours him, or sends to him any of his men, he shall be liable to the confiscation of all his property.
§ 2. And the reason for this is that the oaths and pledges which were given to the king and his councillors have been continuously violated, or observed less strictly than is acceptable to God and to the secular authority
4. If anyone shall receive a man who has been in the service of another, within or beyond the border, whom the latter has dismissed for his wrongdoing, and whom he has not been able to punish, he shall pay 120 shillings to the king; and the fugitive shall return to the place from which he came and render satisfaction to him in whose service he has been.
5. And further, a freeman who has acted rightly in all respects to his lord, shall not be prevented from seeking a [new] lord.
6. And if there is a thief who has committed theft since the Council was held at Thundersfield, and is still engaged in thieving, he shall in no way be judged worthy of life, neither by claiming the right of protection nor by making monetary payment, if the charge is truly substantiated against him – whether it is a freeman or a slave, a noble or commoner, or, if it is a woman, whether she is a mistress or a maid – whosoever it may be, whether taken in the act or not taken in the act, if it is known for a certainty – that is, if he shall not make a statement of denial – or if the charge is proved in the ordeal, or if his guilt becomes known in any other way.
§ 1. And if he seeks the king, or the archbishop, or a holy church of God, he shall have respite for nine days; but let him seek [whomsoever or] whatsoever he may, unless he cannot be captured, he shall not be allowed to live longer, if the truth becomes known about him.
§ 2. And if he seeks a bishop or a nobleman, an abbot or an ealdorman or a thegn, he shall have a respite for three days. But let him seek whatever he may, he shall not be spared longer, if he is caught.
§ 3. If however he takes to flight, he shall be pursued to his death by all men who are willing to carry out the king’s wishes, and whoever shall meet him shall kill him. And he who spares or harbours him shall forfeit his life and all that he has as if he were a thief himself, unless he can prove that he was not aware of any theft or crime for which his [the fugitive’s] life was forfeit.
§ 4. In the case of a free woman, she shall be thrown from a cliff or drowned.
§ 5. In the case of a male slave, sixty and twenty slaves shall go and stone him. And if any of them fails three times to hit him, he shall himself be scourged three times.
§ 6. When a slave guilty of theft has been put to death, each of those slaves shall give three pennies to his lord.
§ 7. In the case of a female slave who commits an act of theft anywhere except against her master or mistress, sixty and twenty female slaves shall go and bring three logs each and burn that one slave; and they shall pay as many pennies as male slaves would have to pay, or suffer scourging as has been stated above with reference to male slaves.
7. And if any reeve will neither carry out nor show sufficient regard for this [ordinance], he shall give 120 shillings to the king if the accusation against him is substantiated, and suffer also such disgrace as has been ordained. And if it is a thegn or anyone else who acts thus, the same punishment shall be inflicted.
Fragment of IV Athelstan
§ 1. And we declared in the Council at Thundersfield, that if any thief or robber fled to the king, or to any church and to the bishop, he should have a respite of nine days.
§ 2. If he flees to an ealdorman, or an abbot or a thegn, he shall have a respite of three days.
§ 3. If anyone slays him within that period of respite, he shall pay as compensation the protection of him to whom the thief has fled or clear himself [by declaration] with the support of eleven others that he was not aware that the privilege of sanctuary had been obtained.
§ 4. But let him seek what sanctuary he may, his life shall be spared only for as many days as we have declared above.
§ 5. And he who harbours him longer shall be liable to the same treatment as the thief, unless he can clear himself, [by proving] that he was unaware of any crime or theft committed by him.
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 Grately. And my councillors say that I have suffered this too long.
§ 1. Now I have decided with the councillors who have been with me at Exeter at midwinter, that all [disturbers of the peace] shall be ready to go themselves, with their wives, with their property, and with everything [they possess], wherever I wish, unless henceforth they are willing to cease [from wrongdoing] – with the further provision that they never afterwards return to their native district.
§ 2. And if anyone ever meets them afterwards in their native district, they shall be liable to the same punishment as one who is taken in the act of thieving.
§ 3. And he who harbours them, or any of their men, or sends any man to them, shall forfeit his life and all he possesses. The cause [which has led us to issue this decree] is, that all the oaths, pledges, and sureties which were given there, have been disregarded and violated, and we know of no other course which we can follow with confidence, unless it be this.
1. And he who takes into his service one who has been in the service of another, whom the latter has dismissed because of his evil conduct, and because he has not been able to restrain him from evil doing, shall pay compensation for him, to the man in whose service he has been, and give 120 shillings to the king.
§ 1. If, however, the lord wrongfully intends to ruin the man, he [the man] shall clear himself, if he can, in a public meeting. If he proves himself free from crime, he may seek, with the witness of those present, any lord he wishes; for I give permission to everyone who is free from crime to serve any lord he may wish.
§ 2. And any reeve who neglects this, and pays no heed to it, shall pay [the fine] for insubordination to the king, if he is justly accused and cannot clear himself.
§ 3. And any reeve who takes bribes, and frustrates thereby the just claims of another, shall pay the fine for insubordination to the king, and suffer also such disgrace as we have ordained.
§ 4. And if it is a thegn who acts thus, the same punishment shall be inflicted.
§ 5. And in every reeve’s district, as many men as are known to be honest shall be nominated to be witnesses in all suits. And the number of honest men required to give oaths [in each case] shall be in proportion to the value of the [disputed] goods, and they shall be unselected.
2. If any one traces cattle to another man’s estate, he who owns the estate shall, if he can, follow the trail, until it passes beyond his boundary. If he cannot do so, the trail shall serve for the oath of accusation, if he [the plaintiff] charges anyone on the estate.
3. And in every monastery, all the servants of God shall sing every Friday fifty psalms for the king, and for all who are minded to carry out his wishes. And [they shall sing psalms] for these others according to their merits.
§ 1. And every man who so wishes may pay to his accuser compensation for every theft, without any manner of fine, until Rogation days. But after that it [the fine] shall be [paid], as it has been in the past.
Iudicia Civitatis Lundoniæ
(Courts of the City of London)
These are the ordinances which have been agreed upon and confirmed with solemn declarations in our association, by the bishops and reeves who belong to London – by both nobles and commoners – as a supplement to the decrees which were promulgated at Grately, at Exeter, and at Thundersfield.
First of all:
§ 1. No thief shall be spared [who has stolen goods worth] more than twelve pence, and who is over twelve years old. If we find him guilty according to the public law, and he cannot in any way deny it, we shall put him to death and take all he possesses; and we shall first take the value of the [stolen] goods from his possessions, and afterwards what is left shall be divided into three. One part shall be given to the wife if she is innocent and not an accessory to the crime; and the remainder shall be divided into two, the king taking one half and the [slain man’s] associates the other half. If he is a tenant on land held by title deed, or on land belonging to a bishop, the owner of the land shall share equally with the associates.
§ 2. And he who secretly harbours a thief and is accessory to his crime and guilt, shall receive the same treatment.
§ 3. And he who stands by a thief and fights on his side, shall be slain with the thief.
§ 4. And he who has been frequently and publicly convicted of theft, and who goes to the ordeal and is there proved guilty, shall be slain, unless his kinsmen or his lord will ransom him by the payment of his wergeld and the full value of the [stolen] goods; and in addition, stand surety for him henceforth, that he will desist from every form of crime. If he steals again after this, his kinsmen shall give him back to the reeve to whose jurisdiction the case belongs, in as helpless a condition as he was when they delivered him from the ordeal; and he shall be slain in accordance with the punishment for theft. Further, if anyone stands up for him and wishes to rescue him in order to prevent his being killed, after he has been convicted at the ordeal, he shall forfeit his life unless he appeals to the king, and the king is willing to grant him his life, just as was declared at Grately, and at Exeter, and at Thundersfield.
§ 5. And he who wishes to avenge a thief and has recourse to violence, or comes to his aid on the high road, shall forfeit 120 shillings to the king. If, however, he slays anyone in the act of vengeance, he shall forfeit his life and all he possesses, unless the king is willing to pardon him.
Second: We have declared that each one of us shall annually contribute four pence for our common benefit; and we shall pay compensation for property which is stolen after we have made our contributions; and quests [for missing property] shall be carried out by all of us together. And everyone shall pay his shilling who has property which is worth thirty pence, except poor widows who have no land and no one to work for them.
Third: We shall always count ten men together, and the chief man shall see that the [other] nine shall discharge all the dues which we have all agreed upon; and then [we shall count] them in groups of a hundred, with one official for the hundred who will admonish those ten [chief men] for the common benefit of us all. And these eleven shall keep the money of the hundred – group and an account of what they disburse when money has to be paid; and again, of what they receive when money accrues to us through a plea we have made in common. And they shall see to it also that each of those dues is forthcoming on which we have all agreed for our common benefit, on penalty of thirty pence or one ox; that everything may be fulfilled, which we have declared in our ordinances, and which stands in the terms of our constitution.
Fourth: Every man who has heard a summons shall help the rest, both by following a trail, and by riding with them so long as the trail can be followed. And after the trail is lost, one man shall be provided [from two tithings] where the population is large; and from one tithing where the population is small – unless more are needed – to proceed on horseback or on foot, in whatever direction there is most need, according to general consent.
Fifth: No quest shall be abandoned either on the northern or the southern boundary, until every man who has a horse has ridden out once. And he who has not a horse shall go on working for his lord, when the latter is proceeding on horseback or on foot in his stead, until he [the lord] comes home – unless justice has already been obtained.
Sixth:
§ 1. With reference to indemnities for livestock, we reckon a horse at half a pound, if it is worth so much; but if it is less valuable it shall be paid for according to the value suggested by its appearance, and what is approved by its owner, unless he can produce evidence that it is as good a horse as he says; in that case he shall have such additional sum as we are awarded in the suit.
§ 2. An ox shall be valued at a mancus, and a cow at twenty pence, a pig at ten pence, and a sheep at a shilling.
§ 3. With reference to our slaves, those of us who possess slaves have declared: if anyone steals a slave, half a pound shall be paid for him. If we succeed in getting payment, he [the owner] shall receive an additional sum according to the appearance of the slave, and we shall keep the surplus of what we are awarded in the suit. If, however, a slave runs away, he shall be taken out and stoned as has already been decreed. And each man who has a slave shall pay either a penny or a half – penny according to the numbers of the association, so as to make up the proper amount. If, however, he gets clean away, his lord shall be paid for him according to his appearance, and we shall all search for him. Then, if we can catch him, he shall receive the same treatment as a Welsh thief, or he shall be hanged.
§ 4. When the value of the goods is more than thirty pence, the sum to be paid shall never be less than half a pound, when we have instituted a search. It shall rise to a larger amount, if we succeed in obtaining payment to the full value of the goods. But a search must be continued, as has already been declared, even when the amount involved is less [than thirty pence].
Seventh: We have declared, whoever it be whose hands avenge wrongs done to us all, we shall all stand together, both in friendship and in feud – whichever may result. And he who is before others in killing a thief, shall be the better off for his action and initiative by [the value of] twelve pence [taken] from our common property. And he who owns cattle for which we pay, shall not abandon the search nor the prosecution of the claim until we have obtained payment [from the thief], on pain of forfeiting the fine for disobedience to us; and then we shall reward him also from our common property for his trouble, according to the expense incurred in his movements – lest the prosecution of the claim be neglected.
Eighth:
§ 1. We, the officials of the hundred – groups and those who have charge of the bodies of ten, shall assemble once every month, if we have leisure and can do so whether it be when the casks are being filled, or on any other occasion that may be convenient for us; and we shall take cognisance of how our various statutes are being observed. Twelve men shall then have their dinners together, and they shall have such food as they themselves think right, and they shall give away all the leftovers, for the love of God.
§ 2. Again, if it happens that any group of kinsmen – whether nobles or commoners within or beyond the borders of our district become so strong and powerful as to prevent us from exercising our legal rights, and stand up in defence of a thief, we shall ride out against them in full force with the reeve in whose district the offence takes place.
§ 3. And in addition, we shall send to the reeves in both directions, requesting from them the help of as many men as seems necessary, according to the seriousness of the case, that wrongdoers may be the more afraid of us because of our numbers. And we shall all ride out against them, and avenge the wrong done to us, and slay the thief and those who support him and fight on his behalf – unless they are willing to abondon him.
§ 4. And if anyone traces a trail from one district to another, the men who are nearest shall take up the trail, follow it until it can be brought to the notice of the reeve. Afterwards, he, with the men under his jurisdiction, shall take up the trail and follow it, if he can, to the boundary of his district. If, however, he cannot, he shall pay the value of the cattle, and the whole case shall be undertaken by the authorities of the two districts in common, wherever it may happen that a trail passes from one district to another, whether to the north or the south of our borders – all reeves shall help one another to maintain the security upon which we are all dependent or pay the fine for insubordination to the king.
§ 5. And further, we shall all help one another as has been declared and ratified with solemn pledges. And every man who neglects to give such help beyond the border, shall forfeit 30 pence or an ox – if he disregards any of the provisions we have written down and ratified with our solemn pledges.
§ 6. And further, we have declared with regard to all those men who have solemnly pledged themselves as members of our association, that if any one of them chances to die, each associate shall give a gesufel loaf for his soul, and sing, or cause to be sung, within thirty days, a third of the Psalter.
§ 7. And we further enjoin those under our jurisdiction, that every man should note, with the witness of his reighbours, when he has, and when he ceases to have, possession of his cattle. If he cannot find them, he shall point out the trail to us within three days; for we believe that many heedless men do not care where their cattle wander, owing to their excessive confidence in the public security [which now exists].
§ 8. Again we command, that if a man wishes to apply for the value of stolen cattle, he shall make their disappearance known to his neighbours within three days. Yet he must not desist from continuing the search, as has already been declared; for we will not pay for any stray cattle unless it has been stolen – since many men bring impudent claims for compensation. If he cannot point out the trail, he shall declare on oath, with three of his neighbours, that the cattle have been stolen within the [previous] three days, and [then] he may demand their value.
§ 9. If our lord, or any of our reeves, can devise any additional rules for our association, such suggestions shall not be unheeded, nor passed over in silence; but we shall accept them gladly, as is fitting and beneficial for us all that we should. And if we are willing to act thus in all things, we may trust to God and our liege-lord, that everybody’s property will be safer from theft than it has been. But if we are negligent in attending to the regulations for the public security, and to the solemn pledges we have given, we may anticipate – and indeed know for certain – that the thieves of whom we were speaking will tyrannize over us still more than they have done in the past. But let us be as loyal to our pledges and to the regulations for the public security as will be pleasing to our lord; for it is greatly to our benefit that we should carry out his wishes. And if he issues further commands and instructions, we should be humbly ready to execute them.
Ninth: With respect to those thieves who cannot be proved guilty on the spot, but who are subsequently convicted and proved guilty: we have declared, that such a one may be liberated from prison by his lord or his relatives, on the same terms that apply to the liberation of men who have been proved guilty at the ordeal.
Tenth: The councillors, all in a body, gave their solemn pledges to the archbishop at Thundersfield, when Ælfeah Stybb and Brihtnoth, the son of Odda, attended the assembly at the request of the king that every reeve should exact a pledge from his own shire, that they would all observe the decrees for the public security which King Æthelstan and his councillors had enacted, first at Grately, and afterwards at Exeter, and then at Faversham, and on a fourth occasion at Thundersfield, in the presence of the archbishop and all the bishops and the members of the royal council nominated by the king himself who were present; [and] that the decrees should be observed, which were established at these meetings, except those which had been overridden; namely, the decrees relating to trading on Sunday and to bargaining outside a town in the presence of ample and trustworthy witnesses.
Eleventh: Æthelstan commands his bishops and his ealdormen, and all his reeves throughout his dominions: You shall observe the provisions for the public security which I and my councillors have ordained. If any of you is neglectful and unwilling to obey me, and will not exact from those under his jurisdiction the [above-mentioned] pledge; and if he permits secret compacts, and is unwilling to attend to the duties of government, in accordance with what I have commanded and set down in writing the reeve shall be deprived of his office and of my friendship, and he shall pay me 120 shillings; and half this sum shall be paid by each of my thegns who is in possession of land, and is unwilling to attend to the duties of government in accordance with my commands.
Twelfth:
§ 1. Now again the king has been addressing his councillors at Whittlebury, and has sent word to the archbishop, by Bishop Theodred, that he thinks it cruel to put to death such young people and for such slight offences, as he has learned is the practice everywhere. He has declared now that both he himself and those with whom he has discussed the matter are of the opinion that no one should be slain who is under fifteen years old, unless he is minded to defend himself, or tries to escape and refuses to give himself up. Then, he shall be struck down whether his offence be great or small – whichever it may be. But if he will give himself up he shall be put in prison, as was declared at Grately; and he shall be liberated on the same conditions [as were laid down there].
§ 2. If he is not put in prison, none being available, they [his relatives] shall stand surety for him, to the full amount of his wergeld, that he shall desist forever from every form of crime. If the relatives will neither redeem him, nor stand surety for him, he shall swear, as the bishop directs him, that he will desist from every form of crime, and he shall remain in bondage until his wergeld is paid. If he is guilty of theft after that, he shall be slain or hanged, as older offenders have been.
§ 3. And the king has further declared, that no one shall be slain for the theft of property worth less than 12 pence unless he has decided to flee or defend himself. But in that case there shall be no hesitation, even if the property is of less value.
§ 4. If we observe the provisions as stated above, I believe, before God, that the security of our realm will be better than it has been in the past.
I, King Æthelstan, with the advice of Wulfhelm, my archbishop, and of all my other bishops and ecclesiastics, for the forgiveness of my sins, make known to all my reeves within my kingdom, that it is my wish that you shall always provide a destitute Englishman with food, if you have such an one [in your district], or if you find one [elsewhere] .
1. From two of my rents he shall be supplied with an amber of meal, a shank of bacon or a ram worth four pence every month, and clothes for twelve months annually. [And I desire you] to make free annually one man who has been reduced to penal slavery. And all this shall be done for the lovingkindness of God, and for the love you bear me, with the cognisance of the bishop in whose diocese the gift is made.
2. And if the reeve neglects [to do] this, he shall pay 30 shillings compensation, and the money shall be divided, with the cognisance of the bishop, among the poor who are on the estate where [this] remains unfulfilled.
Related Topics
Further Research & Sources
Source – Attenborough, F.L. The Laws of the Earliest English Kings. University Press, 1922. https://play.google.com/books/reader?id=q-sJAAAAIAAJ&pg=GBS.RA1-PA122&num=15
The Anglo-Saxon Chronicle. Translated by J. A. Giles, edited by William Smith, Project Gutenberg, 2005, – https://www.gutenberg.org/ebooks/657
Morris, Marc. The Anglo-Saxons: A History of the Beginnings of England, 400-1066. New York, NY. Pegasus Books, Ltd. 2021, 48-49.
Wulfstan, Old English Legal Writings. Edited and translated by Andrew Rabin. Dumbarton Oaks Medieval Library, 2020.
Anglo-Saxon Dictionary – https://bosworthtoller.com/