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Folk-right is the aggregate of rules, formulated or latent but susceptible of formulation, which can be appealed to as the expression of the juridical consciousness of the people at large or of the communities of which it is composed. In process of time the rights originating in royal grants of privilege overbalanced, as it were, folk-right in many respects, and became themselves the starting-point of a new legal system—the feudal one.

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This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. November Learn how and when to remove this template message The oldest Anglo-Saxon law codes, especially from Kent and Wessexreveal a close affinity to the laws of the North Sea peoples—those of the SaxonsFrisiansand 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 Przeglad systemow handlowych Saxon, friling, lētand 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 Forum opcji handlowcow, Æthelstan and Edgar on the other, a resemblance called forth less by direct borrowing of Przeglad systemow handlowych Saxon 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. 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: there is neither the transmission of Opcje zapasow Strikes Cena legal doctrines, chiefly through the Przeglad systemow handlowych Saxon of Visigothic codesnor 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 Przeglad systemow handlowych Saxon Church, which, for all its apparent 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 Przeglad systemow handlowych Saxon tribal law of real property was deeply modified by the introduction of individualistic notions as to ownership, donations, wills, rights of womenetc.

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. Important features[ edit ] Folk-right and privilege[ edit ] The Anglo-Saxon legal system cannot be understood unless one realizes the fundamental opposition between folk-right and privilege. Folk-right is the aggregate of rules, formulated or latent but susceptible of formulation, which can be appealed to as the expression of the juridical consciousness of the people at large or of the communities of which it is composed.

It is tribal in its origin, and differentiated, not according to boundaries between states, but on national and provincial lines. There may be the folk-right of West and East Saxonsof East Anglesof Kentish men, MerciansNorthumbriansDanesWelshmenand these main folk-right divisions remain even when tribal kingdoms disappear and the people are concentrated in one or two realms.

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The chief centres for the formulation and application of folk-right were, in the 10th and 11th centuries, the shire-moots, while the witan of the realm generally placed themselves on the higher ground of State expediency, although occasionally using folk-right ideas. The older law of real property, of succession, of contracts, the customary tariffs of fines, were mainly regulated by folk-right; the reeves employed by Przeglad systemow handlowych Saxon king and great men were supposed to take care of local and rural affairs according to folk-right.

The law had to be declared and applied by the people itself in its communities, while the spokesmen of the people were neither democratic majorities nor individual experts, but a few leading men—the twelve eldest thanes or some similar quorum. Folk-right could, however, be broken or modified by special law or special grant, and the fountain Przeglad systemow handlowych Saxon such privileges was the royal power.

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Alterations and exceptions were, as a matter of fact, suggested by the interested parties themselves, and chiefly by the Church. Thus a privileged land-tenure was created— bookland ; the rules as to the succession of kinsmen were set at nought by concession of testamentary power and confirmations of grants and wills; special exemptions from the jurisdiction of the hundreds and special privileges as to levying fines were conferred.

Anglo-Saxon law - Wikipedia

In process of time the rights originating in royal grants of privilege overbalanced, as it were, folk-right in many respects, and became themselves the starting-point of a new legal system—the feudal one. Criminal justice[ edit ] Anglo-Saxon England did not have a professional standing law enforcement body analogous to modern police.

In general, if a crime was committed then there was a victim, and it was up to the victim — or the victim's family — to seek justice. However, after the tenth century there were some changes in Anglo-Saxon England.

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All shiresor counties, were subdivided into hundreds. These hundreds were subdivided into tithings. The three types of division had three types of representatives as well: the tithings had a tithingman, the hundreds a hundredman and the shires a shire-reeve.

They met every four weeks. The main function of this group seems to have been administrative: the king spoke to the shire-reeve, the shire-reeve spoke to the hundredmen, and the hundredmen spoke to the tithingmen when giving tasks. Examples of tasks could be, for instance, that legitimate trading was encouraged or that there was no cattle theft.

They also dealt with crimes that were against a king's peace. But still the biggest power of seeking justice lay in the hands of the victim or the victim's family. The judicial functions of the Anglo-Saxon legal system was mainly practiced by courts.

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Once a charge had been brought, it had to be heard by a court which would decide whether or not a crime had been committed and, if so, what action was necessary. The hundred court met every 4 weeks but the shire court only met twice a year. Lawsuits could be passed on to the shire court if the hundred court was not able to reach a judgement.

The preservation of peace[ edit ] Main article: Frith Another feature of vital importance in the history of Anglo-Saxon law is its tendency towards the preservation of peace.

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Already in Æthelberht's legislation we find characteristic fines inflicted for breach of the peace Przeglad systemow handlowych Saxon householders of different ranks—the ceorl, the eorl, and the king himself appearing as the most exalted among them.

Peace is considered not so much a state of equilibrium and friendly relations between parties, but rather as the rule of a third within a certain region—a house, an estate, a kingdom.

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This leads on one side to the recognition of private authorities—the father's in his family, the master's as to servants, the lord's as to his personal or territorial dependents. On the other hand, the tendency to maintain peace naturally takes its course towards the strongest ruler, the king, and we witness in Anglo-Saxon law the gradual evolution of more and more stringent and complete rules in respect of the king's peace and its infringements. The codices of the early 11th century Cnut, Aethelred establish specific conditions of guaranteed peace or protection depending on particular limitations in time or place, known as grithsuch as ciric-grið "church-grith" right of asylum in a church or hand-grið "hand-grith" protection under the king's hand.

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Legislation[ edit ] In course of time the natural associations get loosened and intermixed, and this calls forth the elaborate legislation of the later Anglo-Saxon kings. Regulations are issued about the sale of cattle in the presence of witnesses. Enactments about the pursuit of thieves, and the calling in of warrantors to justify sales of chattelsare other expressions of the difficulties attending peaceful intercourse.

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Personal surety groups appear as a complement of and substitute for more collective responsibility. The hlaford and his hiredmen are an institution not only of private patronage, but also of supervision for the sake of laying hands on malefactors and suspected persons.

Anglo-Saxon law

The landrica assumes the same part in a territorial district. Ultimately the laws of the 10th and 11th centuries show the beginnings of the frankpledge associations, which came to influence an important part of the feudal age.

Language and dialect[ edit ] See also: Legal English The English dialect in which the Anglo-Saxon laws have been handed down is in most cases a common speech derived Przeglad systemow handlowych Saxon West Saxon. By the tenth century the West Saxons had become predominant among the Anglo-Saxon kings, and their lands were home to some of the most developed religious and monastic centres on the island. It was such centres which had the wealth, expertise, and motivation, to create and to copy texts for distribution.

Therefore, the dialect current in the South — and particularly Przeglad systemow handlowych Saxon of Winchester — became the dominant literary dialect.

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As most of the surviving Old English law codes are only preserved in copies made during the eleventh century, the West Saxon dialect is predominant. However, traces of the Kentish dialect can be detected in codes copied out in the Textus Roffensis, a manuscript containing the earliest Kentish laws. Northumbrian dialectical peculiarities are also noticeable in some codes, while Danish words occur as technical terms in some documents, especially those composed Przeglad systemow handlowych Saxon the eleventh century.

This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. November Learn how and when to remove this template message The oldest Anglo-Saxon law codes, especially from Kent and Wessexreveal a close affinity to the laws of the North Sea peoples—those of the SaxonsFrisiansand Scandinavians. For example, one finds a division of social ranks reminiscent of the threefold gradation of nearby peoples cf.

With the Norman ConquestLatin took the place of English as the language of legislation, though many technical terms from English for which Latin did not have an equivalent expression Przeglad systemow handlowych Saxon retained.