Law of Hlothhere and Eadric
Encyclopedia
The Law of Hlothhere and Eadric is an Anglo-Saxon
legal text. It is attributed to the Kentish kings Hloþhere
(died 685) and Eadric
(died 686), and thus is believed to date to the second half of the 7th century. It is one of three extant early Kentish codes, along with the early 7th-century Law of Æthelberht
and the early 8th-century Law of Wihtred
. Written in language more modernised than these, the Law of Hlothhere and Eadric has more focus on legal procedure and has no religious content.
(died 685) and Eadric
(died 686): this is stated in the rubric
as well as the prologue of the main text. It is thought that the former reigned from 673 until 685, while Eadric ruled for a year and a half until his death in 686. The text does not indicate that Hloþhere and Eadric ruled together when it was issued, so it is possible that decrees of two reigns were brought together.
Like the other Kentish codes, the Law of Hloþhere and Eadric survives in only one manuscript, known as Textus Roffensis
or the "Rochester Codex". This is a compilation of Anglo-Saxon
historic and legal material drawn together in the early 1120s under Ernulf, bishop of Rochester
. Hloþhere and Eadric's law occupies folios 3v to 5r.
Despite being of similar date, the Old English of Hloþhere and Eadric's law is less archaic than the language of either the Law of Æthelberht
(early 7th century) or the Law of Wihtred
(early 8th century). The language appears to have been "updated" [Oliver] at a later date, and this may indicate that among the Kentish codes it went through a unique route of transmission, perhaps being more intensely consulted than the other two. It is possible too however that this is an accident of evidence, and that other similarly "updated" versions once existed for the other two codes: they simply were not the versions copied by the Textus Roffensis scribe.
The provisions are ordered according to offence rather, as was the case in the Law of Æthelberht, according to social rank. The content of the law, by provision, is as follows:
The law, particularly provision 6, is important to historians' understanding of the Anglo-Saxon arbitration process. A person, once accused, must take an oath promising to abide by the decision of a judge or accept a fine of 12 shillings. The accuser and accused must try to seek out an arbitrator acceptable to both. Once the judgment is delivered, the one ruled against must make good to the other, or swear on oath that he is innocent. If the accused refuses to co-operate, he is liable to a fine of 100 shillings—a freeman's wergild—and forbidden to swear his innocence in future.
It is also important for showing that the Kentish kingdom had control of London in the late 7th century. Provision 11 rules that Kentish men buying property in London must do so in public in the presence of two or three freemen of good standing or else before the king's wicgerefan, port-reeve. A predecessor of these kings, Eadbald son of Æthelberht
(died 640), had issued a coin in London earlier in the 7th century.
Anglo-Saxon
Anglo-Saxon may refer to:* Anglo-Saxons, a group that invaded Britain** Old English, their language** Anglo-Saxon England, their history, one of various ships* White Anglo-Saxon Protestant, an ethnicity* Anglo-Saxon economy, modern macroeconomic term...
legal text. It is attributed to the Kentish kings Hloþhere
Hlothhere of Kent
Hlothhere was a King of Kent who ruled from 673 to 685.He succeeded his brother Ecgberht I in 673. He must have come into conflict with Mercia, since in 676 the Mercian king Æthelred invaded Kent and caused great destruction; according to Bede, even churches and monasteries were not spared, and...
(died 685) and Eadric
Eadric of Kent
Eadric was a King of Kent . He was the son of Ecgberht I.Eadric was for a time co-ruler alongside his uncle Hlothhere, and a code of laws issued in both their names has survived. However, Eadric eventually revolted and defeated Hlothhere with the aid of the South Saxons...
(died 686), and thus is believed to date to the second half of the 7th century. It is one of three extant early Kentish codes, along with the early 7th-century Law of Æthelberht
Law of Æthelberht
The Law of Æthelberht is a set of legal provisions written in Old English, probably dating to the early 7th century. It originates in the kingdom of Kent, and is the first Germanic-language law code...
and the early 8th-century Law of Wihtred
Law of Wihtred
The Law of Wihtred is an early English legal text attributed to the Kentish king Wihtred . It is believed to date to the final decade of the 7th century and is the last of three Kentish legal texts, following the Law of Æthelberht and the Law of Hlothhere and Eadric...
. Written in language more modernised than these, the Law of Hlothhere and Eadric has more focus on legal procedure and has no religious content.
Provenance
The Law, as its name suggests, is attributed to the kings of Kent HloþhereHlothhere of Kent
Hlothhere was a King of Kent who ruled from 673 to 685.He succeeded his brother Ecgberht I in 673. He must have come into conflict with Mercia, since in 676 the Mercian king Æthelred invaded Kent and caused great destruction; according to Bede, even churches and monasteries were not spared, and...
(died 685) and Eadric
Eadric of Kent
Eadric was a King of Kent . He was the son of Ecgberht I.Eadric was for a time co-ruler alongside his uncle Hlothhere, and a code of laws issued in both their names has survived. However, Eadric eventually revolted and defeated Hlothhere with the aid of the South Saxons...
(died 686): this is stated in the rubric
Rubric
A rubric is a word or section of text which is traditionally written or printed in red ink to highlight it. The word derives from the , meaning red ochre or red chalk, and originates in Medieval illuminated manuscripts from the 13th century or earlier...
as well as the prologue of the main text. It is thought that the former reigned from 673 until 685, while Eadric ruled for a year and a half until his death in 686. The text does not indicate that Hloþhere and Eadric ruled together when it was issued, so it is possible that decrees of two reigns were brought together.
Like the other Kentish codes, the Law of Hloþhere and Eadric survives in only one manuscript, known as Textus Roffensis
Textus Roffensis
The Textus Roffensis, or in full, Textus de Ecclesia Roffensi per Ernulphum episcopum , refers to a manuscript in which two originally separate manuscripts written about the same time, between 1122 and 1124, are bound together...
or the "Rochester Codex". This is a compilation of Anglo-Saxon
Anglo-Saxon
Anglo-Saxon may refer to:* Anglo-Saxons, a group that invaded Britain** Old English, their language** Anglo-Saxon England, their history, one of various ships* White Anglo-Saxon Protestant, an ethnicity* Anglo-Saxon economy, modern macroeconomic term...
historic and legal material drawn together in the early 1120s under Ernulf, bishop of Rochester
Bishop of Rochester
The Bishop of Rochester is the ordinary of the Church of England Diocese of Rochester in the Province of Canterbury.The diocese covers the west of the county of Kent and is centred in the city of Rochester where the bishop's seat is located at the Cathedral Church of Christ and the Blessed Virgin...
. Hloþhere and Eadric's law occupies folios 3v to 5r.
Despite being of similar date, the Old English of Hloþhere and Eadric's law is less archaic than the language of either the Law of Æthelberht
Law of Æthelberht
The Law of Æthelberht is a set of legal provisions written in Old English, probably dating to the early 7th century. It originates in the kingdom of Kent, and is the first Germanic-language law code...
(early 7th century) or the Law of Wihtred
Law of Wihtred
The Law of Wihtred is an early English legal text attributed to the Kentish king Wihtred . It is believed to date to the final decade of the 7th century and is the last of three Kentish legal texts, following the Law of Æthelberht and the Law of Hlothhere and Eadric...
(early 8th century). The language appears to have been "updated" [Oliver] at a later date, and this may indicate that among the Kentish codes it went through a unique route of transmission, perhaps being more intensely consulted than the other two. It is possible too however that this is an accident of evidence, and that other similarly "updated" versions once existed for the other two codes: they simply were not the versions copied by the Textus Roffensis scribe.
Content
The content consists of a series of domas, "dooms" or judgments, and while providing historical information about Kentish compensation and management of public order, it focuses more on procedure than do the other two Kentish codes. There are eleven distinct groups of provisions according to the text's most recent editor Lisi Oliver, though F. L. Attenborough had previously broken it down into 15. Surprisingly, there are no provisions directly related to the church.The provisions are ordered according to offence rather, as was the case in the Law of Æthelberht, according to social rank. The content of the law, by provision, is as follows:
- 1. Compensation for the killing of a noble by a servant
- 2. Compensation for the killing of a freeman by a servant
- 3. Accusations of person-stealing and compurgationCompurgationCompurgation, also called wager of law, is a defence used primarily in medieval law. A defendant could establish his innocence or nonliability by taking an oath and by getting a required number of persons, typically twelve, to swear they believed the defendant's oath.Compurgation was found in...
for the accused - 4. Provision for the family of dead freemen: maternal custody and the assignment of a male guardian from the paternal kin until a child reaches age 10
- 5. How to deal with stolen property and those possessing it
- 6. How to bring a charge: accusations, sureties and oaths
- 7–9. Fines for insults and disturbing the peace
- 10. Hospitality and responsibility for the behaviour of foreign guests
- 11. Acquisition of property in London (Lundenwic)
The law, particularly provision 6, is important to historians' understanding of the Anglo-Saxon arbitration process. A person, once accused, must take an oath promising to abide by the decision of a judge or accept a fine of 12 shillings. The accuser and accused must try to seek out an arbitrator acceptable to both. Once the judgment is delivered, the one ruled against must make good to the other, or swear on oath that he is innocent. If the accused refuses to co-operate, he is liable to a fine of 100 shillings—a freeman's wergild—and forbidden to swear his innocence in future.
It is also important for showing that the Kentish kingdom had control of London in the late 7th century. Provision 11 rules that Kentish men buying property in London must do so in public in the presence of two or three freemen of good standing or else before the king's wicgerefan, port-reeve. A predecessor of these kings, Eadbald son of Æthelberht
Eadbald of Kent
Eadbald was King of Kent from 616 until his death in 640. He was the son of King Æthelberht and his wife Bertha, a daughter of the Merovingian king Charibert. Æthelberht made Kent the dominant force in England during his reign and became the first Anglo-Saxon king to convert to Christianity from...
(died 640), had issued a coin in London earlier in the 7th century.