Wantage Code

The Wantage Code survives today in Old English within the manuscript known as Textus Roffensis, originating in the early twelfth century and preserved by the medieval bishops of Rochester; and in a Latin translation within Quadripartitus, another compilation work of similar date. It has been edited by Benjamin Thorpe (d. 1870), Felix Liebermann (d. 1925) and Agnes Jane Robertson (d. 1959), the last of whom also provided a translation.Whitelock, Early English Documents, p. 439.

The text takes its name from Wantage, Berkshire, the location named in the opening line of the text, "these are the constitutions which King Æthelred and his councillors have enacted at Wantage for the promotion of public security ({{lang|ang|to friðes bóte}})".III Æthelred, ed./trans. Robertson, pp. 64–65.Neff, "Elements", p. 286. The enactment may have occurred in 997, the year that a royal assembly in Wantage is otherwise documented, though as historian Ann Williams has pointed out "there could have been other unrecorded meetings at the same place".Williams, Æthelred the Unready, p. 56. Theoretically it could date any time in the king's reign, but since it lacks any trace of the influence of Wulfstan II, archbishop of York, it is likely to date before 1008 when the latter began drafting legal codes.Neff, "Elements", p. 286.

There are close similarities between the Wantage Code and the so-called "Woodstock Code", I Æthelred, and some historians have suggested that the former was an adaptation of the latter for use in the Danelaw, the region of eastern England heavily settled by migrant Scandinavians in the later ninth and early tenth centuries.Roach, Æthelred the Unready. p. 183.Wormald, Making of English Law, pp. 328–29. Both texts make reference to an earlier, but otherwise undocumented, assembly at Bromdune.Wormald, Making of English Law, pp. 324, 326. In the Quadripartitus tradition the text is extended with the incorporation of the "Laws of London" (IV Æthelred) along with tracts on Pax ("peace") and Walreaf ("corpse robbery").Wormald, Making, pp. 248, 322–3.

Historian Levi Roach pointed out that the assembly at Wantage "witnessed one of the king's more prominent acts of repentance", a grant of 100 hides to Old Minster, Winchester. The act of promulgation of the code may have been part of a broader attempt by Æthelred to restore the standing of his kingship in light of his "sins" back in the 980s.Roach, Æthelred the Unready. p. 184.

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Although mirroring elements of I Æthelred, the Wantage Code seems to be designed to be more 'aggressive', with provisions accompanied by heavier fines and stronger punishments.Stattel, "Legal Culture in the Danelaw", p. 189.Williams, Æthelred the Unready, pp. 58–9. Historian Jake Stattel has argued that incentives of the code were designed to encourage private settlements.Stattel, "Legal Culture", p. 193ff. Some historians have conceived of the code as part of an effort to integrate formerly independent "Danish" areas into the emerging kingdom of England.Neff, "Elements", pp. 285–86.

The scholars of the 21st-century Early English Laws AHRC-funded research project in the United Kingdom noted that the code contains what is "perhaps the earliest description of a jury of presentment"{{Citation |last= |first= |year= |title= Æthelred's Wantage code (III Atr) |url= https://eel.cch.kcl.ac.uk/laws/texts/iii-atr/ |access-date= 2023-09-07 }}{{Citation |last= |first= |year= |title= Æthelred's Wantage code (III Atr) |url= https://earlyenglishlaws.ac.uk/law/iii-atr |access-date= 2023-10-30 }} A provision (3 §1) declared that "[A] court shall be held in every wapentake, and the twelve leading thegns along with the reeve shall go out and swear on the relics which are given into their hands, that they will not accuse any innocent man or shield any guilty one".Neff, "Elements", pp. 293–94.

Historian Charlotte Neff pointed out that the same group of thegns appear to function like a modern judge or jury elsewhere, with another provision (13 §2) stating that "a verdict in which the thegns are unanimous shall be held valid" and adding that "if they disagree, the verdict of eight of them shall be valid, and those who are outvoted in such a case shall each pay 6 half-marks".III Æthelred, ed./trans. Robertson, pp. 68–69.Neff, "Elements", p. 294.

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As a historical source, the code is particularly important for the Danelaw.Stenton, Anglo-Saxon England, p. 508. Within that area itself, the text specifically refers to the Five Boroughs, with clause 1 §1 naming specific fines for "breach of the peace which the ealdorman or the king's reeve establishes in the court of the Five Boroughs". It is generally agreed that the five in question were Lincoln, Stamford, Leicester, Nottingham and Derby,Sawyer, Lincolnshire, p. 128. and the code appears to be the earliest reference to the 'Five Boroughs' as an institution.Sawyer, Lincolnshire, p. 129.

Within the Wantage Code there are provisions concerning the jurisdiction of the wapentake (Old English: {{lang|ang|wǣpen(ge)tæc}}; Old Norse: {{lang|non|vápnatak}}), an area of local administration unique to Anglo-Scandinavian Britain that by the time of Domesday Book was seen as analogous to the West Saxon hundred.Neff, "Elements", pp. 286–87.Stenton, Anglo-Saxon England, pp. 504–5. These units are found in the area covered by the rural hinterland of the Five Boroughs, what would become Lincolnshire, Leicestershire, Nottinghamshire and Derbyshire, but also in Yorkshire, County Durham, Northamptonshire, Cheshire and Cumberland.Mawer and Stenton, Introduction to the Survey of English Place-Names, p. 86. The name is thought to derive from the practice of "taking weapons" from those gathered at local assemblies, with a view to limiting violence and the escalation of conflict among the participants.Stattel, "Legal Culture", p. 197.

The text itself refers to the promulgations as {{lang|ang|lagu}}, "law", one of the earliest authentic Old English borrowings of the Norse word {{lang|non|lǫg}}.Neff, "Elements", pp. 287–88. It contains a number of other Scandinavian words, such as {{lang|non|lahcop}} ("law purchase"), {{lang|non|landcop}} ("[tax on] land purchase"), and {{lang|non|witword}} ("wise word", possibly meaning "witness" or "agreement", or else denoting a plausible claim to a property),Neff, "Elements", pp. 289–90.Whitelock, English Historical Documents, p. 440, fn. 6. indicating respect for pre-existing legal custom in "Danish" England.Neff, "Elements", p. 285.Hudson, Oxford History of the Laws of England, p. 66.Stattel, "Legal Culture in the Danelaw", p. 181. Neff noted that "the fines and payments are in all cases stated in Scandinavian terms", including "hundreds (of silver ores), ores and marks".

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