Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-7drxs Total loading time: 0 Render date: 2024-07-22T21:31:05.185Z Has data issue: false hasContentIssue false

7 - The twelve of the wapentake probably an institution for the Danelaw only

from PART II - ANGLO-SAXON TRIAL BY JURY

Published online by Cambridge University Press:  12 September 2012

Eric Gerald Stanley
Affiliation:
University of Oxford
Get access

Summary

Liebermann is good on the Scandinavianisms in this part of this code of Æthelred II, which is designed for the Danelaw or a part of it, namely the Five Boroughs:

The region where III Æthelred is effective is the Danelaw (or part of the Danelaw), at any rate the district of the Five Boroughs and perhaps that only. The currency is Anglo-Scandinavian, in hundreds of silver (= 8 pounds), 76 the healfm(e)arc and ora; the lowest court is called wæpentac, the reeve at one point eorl; the vocabulary sounds strongly Norse: grið, lagu, bicgean lage, lahcop, landcop, sammæle, þrinna XII, costas, uncwydd & uncrafod, sac, sacleas, botleas … The institution of jurors to support the accuser, and much else, is Norse.

Consideration of III Æthelred 3, 1 is very relevant for the history of trial by jury:

& þæt man habbe gemot on ælcum wæpentake, 7 gan ut þa yldestan XII þegnas & se gerefa mid, 7 swerian on þam haligdom, þe heom man on hand sylle, þæt hig nellan sacleasan man forsecgean ne nænne sacne forhelan.

(And that one shall hold a meeting in each wapentake, and that the most prominent twelve thegns and the reeve with them are to come forward and swear on the holy relic, which is to be given into their hands, that they will not wrongly accuse anyone innocent nor wrongly conceal anyone guilty.)

Those who write on medieval Scandinavian law are, of course, aware of the fact that there is no Scandinavian manuscript evidence for a period as early as the late tenth century.

Type
Chapter
Information
Imagining the Anglo-Saxon Past
The Search for Anglo-Saxon Paganism and Anglo-Saxon Trial by Jury
, pp. 142 - 145
Publisher: Boydell & Brewer
Print publication year: 2000

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×