Laws of Wihtred
Overview
The Laws of Wihtred refer to a set of legal provisions and enactments associated with King Wihtred of Kent, who ruled from 690 to 725 CE. Wihtred was a significant Anglo-Saxon ruler, and his laws are some of the earliest surviving law codes of Anglo-Saxon England.
The Laws of Wihtred were issued in the early 8th century and were primarily concerned with matters of governance, land ownership, and legal rights within the kingdom of Kent. These laws covered various aspects of society, including the rights and responsibilities of different social classes, penalties for crimes, regulations related to marriage and inheritance, and the organization of the church.
One notable aspect of Wihtred’s laws was the emphasis on the role and influence of the Church in societal matters. The laws established the authority of the Church and outlined its involvement in areas such as marriage, property disputes, and the collection of tithes. The influence of the Church in these laws reflected the growing power and prominence of the Christian Church in Anglo-Saxon England during this period.
The Laws of Wihtred are significant as they provide insights into the legal and social structures of early Anglo-Saxon England. They illustrate the interplay between secular and ecclesiastical authorities and shed light on the evolving legal framework during the Anglo-Saxon period.
Image: First page of the Textus Roffensis. Rochester Cathedral Library MS A. 3. 5, folio 1v
It’s worth noting that the original text of the Laws of Wihtred has not survived intact. However, references and excerpts from these laws are found in later legal codes and historical documents, such as the Textus Roffensis, which is a medieval manuscript that contains a collection of legal and historical texts.
Laws of Wihtred
In the reign of the most clement king of Kent, Wihtræd, in the fifth year of his reign, the ninth indiction, the sixth day of Rugern (rye-harvest), in the place which is called Bergham – styde, where was assembled a deliberative convention of the great men: there was Birhtwald archbishop of Britain, and the fore-named king; also the bishop of Rochester, the same was called Gybmund, was present; and every degree of the church of that province spoke in unison with the obedient people. There the great men decreed, with the suffrages of all, these dooms, and added them to the lawful customs of the Kent, as it hereafter is said and declared.
1. To the Church freedom from imposts, and that the king be prayed for, and that they revere him of their own will, without command.
2. That the ‘mund – byrd’ (patronage) of the Church be 50 shillings, as the king’s.
3. That men living in illicit intercourse take to a righteous life, with repentance of their sins; or that they be separated from communion with the Church.
4. That foreigners, if they will not correct their fornication, depart from the land, with their goods and with their sins. Let natives among the people forfeit communion with the Church, without expulsion.
5. If it happen that a gesithcund man, after this ‘gemōt,’ (judical assembly) take to illicit intercourse, contrary to the king’s command, and the bishop’s and the books’ doom; let him make a compensation for it to his lord of 100 shillings, according to ancient usage. If it be a ceorlish man, let him make a remedy of 50 shillings; and let either with penitence desist from his fornication.
6. If a priest allow of illicit intercourse; or neglect the baptism of a sick person, or be drunk to that degree that he cannot do it; let him abstain from his ministry until the doom of the bishop.
7. If a shorn man go wandering about for hospitality, let it be given him once; and, unless he have leave, let it not be that any one entertain him longer.
8. If any one give freedom to his man at the altar, let him be folk-free; let the freedom-giver have his heritage, and wergeld, and the protection of his family, be he over the march wherever he may be.
9. If a servant do any servile labour, contrary to his lord’s command, from sunset on Sunday till sunset on Monday, let him make a compensation of 80 shillings to his lord.
10. If a servant so do of his own accord on that day, let him make a remedy of 6 [shillings] to his lord, or his hide.
11. But if a freeman [works] at the forbidden time, let him be liable in his heals-fang (fine); and the man who detects him, let him have half the fine, and the work.
12. If a husband, without his wife’s knowledge, make an offering to devils, let him be liable in all his substance and his heals-fang (fine). If both make offering to devils, let them be liable in their heals-fang (fine), and all their substance.
13. If a slave make an offering to devils, let him make a payment of 6 shillings, or his hide.
14. If a man during a fast gives meat to his family, let him redeem, free or bond, with his healsfang.
15. If a slave eat of his own will, 6 shillings, or his hide.
16. Let the word of a bishop and of the king be, without an oath, incontrovertible.
17. Let the head of a minster clear himself with a priest’s banishment.
18. Let a priest clear himself by his own truth, in his holy garment before the altar, thus saying: “Veritatem dico in Christo, non mentior.” (I speak the truth in Christ, I do not lie) In like manner, let a deacon clear himself.
19. Let a clerk clear himself with four of his fellows, and he alone with his hand on the altar, let the others stand by, make the oath.
20. Let a stranger [clear himself] with his own oath at the altar in like manner, a king’s thane.
21. Let a ceorl clear himself with four of his fellows at the altar; and let the oath of all these be incontrovertible: then is the church banishment right.
22. If any one make complaint against a bishop’s servant or the king’s, let him clear himself by the person of the reeve; either let the reeve clear him, or give him up to be lashed.
23. If any one make complaint against a priest’s servant in their congregation, let his lord clear him with his sole oath, if he be a communicant; if he be not a communicant, let him have with him in the oath another good supporter; or let him pay, or give him up to be lashed.
24. If a layman’s servant make complaint against a churchman’s servant, or a churchman’s servant make complaint against a layman’s servant; let his lord clear him with his sole oath.
25. If any one kills a layman while stealing; let him lie without wergeld.
26. If a man seize a freeman with stolen goods upon him, then let the king have power of one of three things: either that he be slain, or, sold beyond sea, or redeemed with his wergeld. Whoever shall seize and secure him, let him have half of him; if any one slay him, let him be paid 70 shillings.
27. If a theow steals, and he be redeemed, 70 shillings as the king may choose; if any one kills him, let half his value be paid to the owner.
28. If a man come from afar, or a stranger, go out of the [high]way, and he then neither shout nor blow a horn; he is to be considered a thief, either to be killed, or to be redeemed.
Related Topics
Further Research & Sources
Source – Ancient Laws and Institutes of England: Comprising Laws Enacted Under the Anglo-Saxon Kings from Æthelbirht to Cnut, with an English Translation of the Saxon; the Laws Called Edward the Confessor’s; the Laws of William the Conqueror, and Those Ascribed to Henry the First. Edited by Benjamin Thorpe, 1840. https://play.google.com/books/reader?id=OhA3AQAAMAAJ&pg=GBS.PA36&lr=
Anglo-Saxons Dictionary: https://bosworthtoller.com/26013
Giles, J.A. The Anglo-Saxon Chonricle. https://www.gutenberg.org/cache/epub/657/pg657.html
Stenton, Frank. Anglo-Saxon England. Clarendon Press, 1971.