Law of Wihtred
Encyclopedia
The Law of Wihtred is an early English
legal text attributed to the Kentish king Wihtred
(died 725). 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
. It is devoted primarily to offences within and against the church, as well as church rights and theft.
(died 725), king of Kent.. Wihtred reigned from around or just after 690 to 725, and the text suggests he issued the law's provisions in 695.
Like the other Kentish codes, the Law of Hloþhere and Eadric survives in only one manuscript, known as the "Rochester Codex" or Textus Roffensis
. This is a compilation of Anglo-Saxon
historic and legal material drawn together in the early 1120s under the supervision of Ernulf, bishop of Rochester
. Wihtred's law occupies folios 5v to 6v.
, sixth day of Rugern [rye-harvest]" at "that place which is called Berghamstead" It is the only Kentish code to provide a regnal date, one working out to 6 September 695.
The prologue relates that Brihtwald, "archbishop of Britain" (Bretone heahbiscop, i.e., archbishop of Canterbury
) was present, along with Gebmund, bishop of Rochester. This is appropriate as, unlike the two earlier Kentish codes, Wihtred's law is concerned with the church and religious matters. Similar to Ine's Law on several points, both laws may have drawn on Latin ecclesiastical canons.
The chapter divisions are editorial and although divided into 22 chapters by Oliver, an earlier editor Frederick Attenborough
had divided it into 28 separate chapters.
The Law allows that a bishop's word, like a king's, is to be regarded as legally incontrovertible without needing any concomitant oath, though lesser ecclesiastics must exculpate themselves before the altar
. Provision 1 exempted the church of paying taxes to the king, but it also specified that churchmen must pray for and honour the king.
A charter of Wihtred's, dating c. 699, has an almost identical provision, exempting the kingdom's minsters from tax, but in turn requiring the king's position be respected otherwise. Some of the clauses regarding illicit marriages and the authority of bishops echo rulings made by the 672 Synod of Hereford, presided over by Theodore of Tarsus
.
Included among the other religious offences punished are the consumption of meat during Christian fasting and gift-giving to pagan idols. The law also punishes nobles for working their slaves on the sabbath, and frees such slaves if they are so forced. Working on the sabbath was a concern also addressed in the near-contemporary Penitentials of Theodore [of Tarsus].
The theft provisions of the code allow the killing of thieves caught in the act, without the need to pay wergild. If the thief is not killed, the capturer is entitled to half the payment if the thief is subsequently ransomed, though the king may himself kill the thief or have him enslaved "across the sea" in addition to ransoming for the value of the thief's wergild. The law's final chapter provides that any foreigner or stranger who goes off the track and does not draw attention to himself by blowing his horn may be killed or captured.
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 attributed to the Kentish king Wihtred
Wihtred of Kent
Wihtred was king of Kent from about 690 or 691 until his death. He was a son of Ecgberht I and a brother of Eadric. Wihtred acceded to the throne after a confused period in the 680s, which included a brief conquest of Kent by Cædwalla of Wessex and subsequent dynastic conflicts...
(died 725). 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
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 Law of Hlothhere and Eadric
Law of Hlothhere and Eadric
The Law of Hlothhere and Eadric is an Anglo-Saxon legal text. It is attributed to the Kentish kings Hloþhere and Eadric , 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...
. It is devoted primarily to offences within and against the church, as well as church rights and theft.
Provenance
The prologue of the text and the red manuscript rubric attribute the law to WihtredWihtred of Kent
Wihtred was king of Kent from about 690 or 691 until his death. He was a son of Ecgberht I and a brother of Eadric. Wihtred acceded to the throne after a confused period in the 680s, which included a brief conquest of Kent by Cædwalla of Wessex and subsequent dynastic conflicts...
(died 725), king of Kent.. Wihtred reigned from around or just after 690 to 725, and the text suggests he issued the law's provisions in 695.
Like the other Kentish codes, the Law of Hloþhere and Eadric survives in only one manuscript, known as the "Rochester Codex" or 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...
. 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 the supervision of 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...
. Wihtred's law occupies folios 5v to 6v.
Issue
The prologue itself states that the "great men" of Kent issued the provisions before a large assembly of Kentish people, while Wihtred was "ruling in the fifth winter of his reign, in the ninth indictionIndiction
An indiction is any of the years in a 15-year cycle used to date medieval documents throughout Europe, both East and West. Each year of a cycle was numbered: first indiction, second indiction, etc...
, sixth day of Rugern [rye-harvest]" at "that place which is called Berghamstead" It is the only Kentish code to provide a regnal date, one working out to 6 September 695.
The prologue relates that Brihtwald, "archbishop of Britain" (Bretone heahbiscop, i.e., archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
) was present, along with Gebmund, bishop of Rochester. This is appropriate as, unlike the two earlier Kentish codes, Wihtred's law is concerned with the church and religious matters. Similar to Ine's Law on several points, both laws may have drawn on Latin ecclesiastical canons.
Content
Recent editor of the text Lisi Oliver broke the provisions down as follows:| Provisions | Description |
| Prologue | Background and people behind the rulings |
| 1–2 | Rights of the Church |
| 3–4 | Provisions against sinful matrimony |
| 5–6 | Provisions against abusive ecclesiastics |
| 7 | Manumission (i.e., freeing of slaves) |
| 8–11 | Punishments for breaking church law |
| 12–16 | Exculpation (i.e., clearing oneself with an oath) |
| 17–19 | Church's right of exculpation |
| 20–22 | Punishment for theft |
The chapter divisions are editorial and although divided into 22 chapters by Oliver, an earlier editor Frederick Attenborough
Frederick Attenborough
Frederick Levi Attenborough was a British academic.-Early life:He was the son of Frederick and Mary Attenborough of Stapleford in Nottinghamshire. He was educated at schools in Long Eaton. He became a teacher at the Long Eaton Higher Elementary School in 1913. This school was founded by Samuel...
had divided it into 28 separate chapters.
The Law allows that a bishop's word, like a king's, is to be regarded as legally incontrovertible without needing any concomitant oath, though lesser ecclesiastics must exculpate themselves before the altar
Altar
An altar is any structure upon which offerings such as sacrifices are made for religious purposes. Altars are usually found at shrines, and they can be located in temples, churches and other places of worship...
. Provision 1 exempted the church of paying taxes to the king, but it also specified that churchmen must pray for and honour the king.
A charter of Wihtred's, dating c. 699, has an almost identical provision, exempting the kingdom's minsters from tax, but in turn requiring the king's position be respected otherwise. Some of the clauses regarding illicit marriages and the authority of bishops echo rulings made by the 672 Synod of Hereford, presided over by Theodore of Tarsus
Theodore of Tarsus
Theodore was the eighth Archbishop of Canterbury, best known for his reform of the English Church and establishment of a school in Canterbury....
.
Included among the other religious offences punished are the consumption of meat during Christian fasting and gift-giving to pagan idols. The law also punishes nobles for working their slaves on the sabbath, and frees such slaves if they are so forced. Working on the sabbath was a concern also addressed in the near-contemporary Penitentials of Theodore [of Tarsus].
The theft provisions of the code allow the killing of thieves caught in the act, without the need to pay wergild. If the thief is not killed, the capturer is entitled to half the payment if the thief is subsequently ransomed, though the king may himself kill the thief or have him enslaved "across the sea" in addition to ransoming for the value of the thief's wergild. The law's final chapter provides that any foreigner or stranger who goes off the track and does not draw attention to himself by blowing his horn may be killed or captured.