Legal History
1. Early Times and the Anglo-Saxon Period

The Anglo-Saxon period dates from around the time of the end of the
Roman Occupation (c. 410 AD) to the defeat of Harold at the Battle of
Hastings (1066). Of course, our history goes back long before the Anglo
Saxons to the
Iron Age (and before) and to the
Roman Occupation. Julius Caesar
came to Britain in both 55 and 54 BC. The
Roman Occupation dated from around 43 AD to 410 AD.
Many of our cities and towns date from the Roman period (or earlier) - e.g. London (
Londinium), York (
Eboracum), Chester (
Castra Deva), Bath (
Aquae Sulis), Manchester (
Mamucium)
etc. The tribes of Iron Age Britain undoubtedly had their "law" and
the Romans were governed by their own laws and attempted to stamp their
authority over the inhabitants. The brave stance of
Boudicca
(Queen of the Iceni) against the might of the Roman occupiers is one
our earliest statements of a desire to be a people free from any foreign
yoke. The Romans built highways linking their various garrisons and
this is perhaps the origin of the phrase "All roads lead to Rome." They
also created
Hadrian's Wall. which features in the film "
The Eagle"
(based on the novel by Rosemary Sutcliff "The Eagle of the Ninth).
However, it is more in terms of physical remains that the Roman legacy
survives in Britain today. There is little direct survival of Roman Law
though, in the Middle Ages through the Church, principles of Roman Law
have come to indirectly influence some aspects of our modern law (e.g.
wills).
Roman Law has also been taught in our Universities and
courses are still available. Roman Law had a much more profound influence on the legal systems of other nations including Scotland.
The Anglo-Saxon Period -
 |
| Alfred the Great 849-899 |
"Custom" was the basis of much of the law in this period
and, for the most part, it was unwritten law handed down from one
generation to the next. By the end of the Anglo Saxon period there was
an extensive, if archaic law, with various tribunals for its enforcement
(e.g. Shire Courts and
Courts of the Hundred -
the Court of the Salford Hundred survived up to the Courts Act 1971). It was in this period that Christianity took a hold in much of Britain (e.g.
Synod of Whitby)
and the Church was to become a powerful force in the land. Early law
reflected the tough conditions of the essentially agrarian society in
which life existed: in the words of the legal historian Maitland, it was
often "nasty, brutish and short." Early law was therefore harsh with
fierce
summary justice. However, the customary rules came to be supplemented by the
Dooms of the Anglo-Saxon Kings. These were often statements of what existed by custom but sometimes stated new law and modified practices. King
Alfred
claimed not to have made any new laws but chose the "wisest laws" of
his predecessors. Another important feature of this period was
The Witan
(or Witanagemot) which was a King's Council. The Norman successor to
this - the Curia Regis - was to become the source of our modern High
Court of Justice.
In his "Historical Introduction to English Law" - Professor Potter wrote
- "Before William I landed on our shores England had for centuries some
form of government, which had administered, after some fashion, a law
which was rooted in the traditions of its people." Winston Churchill,
in his monumental History of the English Speaking Peoples, wrote of the
Saxon Dusk when, in the time of
Edward the Confessor, "the lights of Saxon England were going out." Edward died on 5th January 1066 and it was to
Harold that the mantle of Kingship fell though he was destined to carry this for only a short time. In October 1066, on
Senlac Hill
near Hastings, he was defeated in battle by William of Normandy whose
expedition to England had been blessed by the Pope. Turning to
Churchill once more - "... the English once again accepted conquest and
bowed to a new destiny, yet ever must the name of Harold be honoured in
the Island for which he and his famous house-carls fought indomitably to
the end." The Normans did not set about instant replacement of the law
which existed. Change was to be a gradual process taking many decades
and perhaps centuries but the Norman Conquest had a major impact on our
governmental and legal history.