Paul Vinogradoff

“ 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: we notice neither the transmission of important legal doctrines, chiefly through the medium of Visigothic codes, nor the continuous stream of Roman tradition in local usage. ”

“ Even in the course of a general survey of the legal lore at our disposal, one cannot help being struck by peculiarities in the distribution of legal subjects. Matters which seem to us of primary importance and occupy a wide place in our law-books are almost entirely absent in Anglo-Saxon laws or relegated to the background. ”

“ 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 the king and great men were supposed to take care of local and rural affairs according to folk-right. ”

“ 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 the public law division it is chiefly the power, interests and privileges of the king that are dealt with, in roughly 93 paragraphs, while local administration comes in for 39 and purely economic and fiscal matter for 13 clauses. Police regulations are very much to the fore and occupy no less than 72 clauses of the royal legislation. As to church matters, the most prolific group is formed by general precepts based on religious and moral considerations, roughly 115, while secular privileges conferred on the Church hold about 62, and questions of organization some 20 clauses. ”

“ 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.
5. It would be useless to attempt to trace in a brief sketch the history of the legal principles embodied in the documents of Anglo-Saxon law. But it may be of some value to give an outline of a few particularly characteristic subjects.
(a) The Anglo-Saxon legal system cannot be understood unless one realizes the fundamental opposition between folk-right and privilege. ”

“ In course of time the natural associations get loosened and intermixed, and this calls forth the elaborate police 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 chattels, are other expressions of the difficulties attending peaceful intercourse. Personal surety appears as a complement of and substitute for collective responsibility. ”

“ 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 of such privileges was the royal power. ”

“ 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. ”

“ A man’s actions are considered not as exertions of his individual will, but as acts of the kindred, and all the fellows of the maegth are held responsible for them. What began as a natural alliance was used later as a means of enforcing responsibility and keeping lawless individuals in order. When the association of kinsmen failed, the voluntary associations—guilds—appeared as substitutes. The gild brothers associated in mutual defence and support, and they had to share in the payment of fines. ”

“ There may be the folk-right of West and East Saxons, of East Angles, of Kentish men, Mercians, Northumbrians, Danes, Welshmen, and these main folk-right divisions remain even when tribal kingdoms disappear and the people is concentrated in one or two realms. ”

“ At the conquest, Latin takes the place of English in the compilations made to meet the demand for Anglo-Saxon law texts as still applied in practice.
2. It is easy to group the Anglo-Saxon laws according to the manner of their publication. They would fall into three divisions: (1) laws and collections of laws promulgated by public authority; (2) statements of custom; (3) private compilations of legal rules and enactments. To the first division belong the laws of the Kentish kings, Æthelberht, Hlothhere and Eadric, Withraed ”

“ This sketch would, of course, have to be modified in many ways if we attempted to treat the unofficial fragments of customary law in the same way as the paragraphs of royal codes, and even more so if we were able to tabulate the indirect evidence as to legal rules. ”