Infangthief and outfangthief [n 1] were privileges granted to feudal lords (and various corporate bodies such as abbeys and cities) under Anglo-Saxon law by the kings of England. They permitted their bearers to execute summary justice (including capital punishment) on thieves within the borders of their own manors or fiefs. [1]
The terms are frequently attested in royal writs and charters using formulas such as "sake and soke, toll and team, and infangthief", which specified the usual rights accompanying grants of land.
Infangthief (Old English : infangene-þēof, [2] lit. "thief seized within") applied to thieves captured within a landowner's estate, [3] although it sometimes permitted them to be chased in other jurisdictions and brought back for trial. [2] Under the 13th-century Leges Edwardi Confessoris , the privilege was restricted to the lord's "own thief"—that is, the lord's serfs and staff. According to Henry de Bracton, the privilege was further restricted to those caught in flagrante delicto or in possession of the stolen object. [4]
Outfangthief (Old English : ūtfangene-þēof, [5] lit. "thief seized without") is a more problematic term, as it is unattested prior to a forged charter included in the 3rd edition of William of Malmesbury's Deeds of the English Kings (c. 1135). [6] [n 2] It seems to have initially been understood as the right to try a thief among the lord's own men wheresoever he might be apprehended, [3] [6] but this understanding is explicitly rejected by Bracton's c. 1235 Laws and Customs of England and the c. 1290 Fleta , which instead give it the meaning of permitting thieves captured on the lord's land to be tried by his court regardless of the thief's own origin. [6] The Fleta further states that the lord had the right to hang thieves from among his own men on his own gallows, once they had been condemned by the jurisdiction where they had been captured. [6]
The thief's captor was given a choice between summarily executing him—the usual fate for the poor—or "amercing" him, ransoming him for a fine set according to his rank. [7]
Such privileges had several advantages: they were profitable, helped to maintain discipline on the estate, and identified the privilege-holder as a figure of authority. [1] They remained in use after the Norman Conquest as a standard right given to local lords and did not finally fall into disuse until the time of Edward III. Even then, they continued to be asserted for a considerable time afterwards in Halifax, West Yorkshire. [7]
According to the Anglo-Saxon Chronicle , in 963 AD King Edgar granted a charter to Bishop Æthelwold for the minster of Medeshamstede (afterwards Peterborough) and attached villages. The charter included the grant of "sack and sock, toll and team, and infangthief". [8]
Edmund I or Eadmund I was King of the English from 27 October 939 until his death in 946. He was the elder son of King Edward the Elder and his third wife, Queen Eadgifu, and a grandson of King Alfred the Great. After Edward died in 924, he was succeeded by his eldest son, Edmund's half-brother Æthelstan. Edmund was crowned after Æthelstan died childless in 939. He had two sons, Eadwig and Edgar, by his first wife Ælfgifu, and none by his second wife Æthelflæd. His sons were young children when he was killed in a brawl with an outlaw at Pucklechurch in Gloucestershire, and he was succeeded by his younger brother Eadred, who died in 955 and was followed by Edmund's sons in succession.
Justus was the fourth Archbishop of Canterbury. Pope Gregory the Great sent Justus from Italy to England on a mission to Christianize the Anglo-Saxons from their native paganism, probably arriving with the second group of missionaries despatched in 601. Justus became the first Bishop of Rochester in 604 and attended a church council in Paris in 614.
Eadwig was King of England from 23 November 955 until his death in 959. He was the elder son of Edmund I and his first wife Ælfgifu, who died in 944. Eadwig and his brother Edgar were young children when their father was killed trying to rescue his seneschal from attack by an outlawed thief on 26 May 946. As Edmund's sons were too young to rule he was succeeded by his brother Eadred, who suffered from ill health and died unmarried in his early 30s.
Edward the Martyr was King of the English from 8 July 975 until he was killed in 978. He was the eldest son of King Edgar. On Edgar's death, the succession to the throne was contested between Edward's supporters and those of his younger half-brother, the future King Æthelred the Unready. As they were both children, it is unlikely that they played an active role in the dispute, which was probably between rival family alliances. Edward's principal supporters were Dunstan, Archbishop of Canterbury, and Æthelwine, Ealdorman of East Anglia, while Æthelred was backed by his mother, Queen Ælfthryth and her friend Æthelwold, Bishop of Winchester. The dispute was quickly settled. Edward was chosen as king and Æthelred received the lands traditionally allocated to the king's eldest son in compensation.
Ecgberht, also spelled Egbert, Ecgbert, Ecgbriht, Ecgbeorht, and Ecbert, was King of Wessex from 802 until his death in 839. His father was King Ealhmund of Kent. In the 780s, Ecgberht was forced into exile to Charlemagne's court in the Frankish Empire by the kings Offa of Mercia and Beorhtric of Wessex, but on Beorhtric's death in 802, Ecgberht returned and took the throne.
A marcher lord was a noble appointed by the king of England to guard the border between England and Wales.
A fyrd was a type of early Anglo-Saxon army that was mobilised from freemen or paid men to defend their Shire's lords estate, or from selected representatives to join a royal expedition. Service in the fyrd was usually of short duration and participants were expected to provide their own arms and provisions.
Ealdorman was an office in the government of Anglo-Saxon England. During the 11th century, it evolved into the title of earl.
Æthelred became Lord of the Mercians in England shortly after the death or disappearance of Mercia's last king, Ceolwulf II, in 879. He is also sometimes called the Ealdorman of Mercia. Æthelred's rule was confined to the western half, as eastern Mercia was then part of the Viking-ruled Danelaw. His ancestry is unknown. He was probably the leader of an unsuccessful Mercian invasion of Wales in 881, and soon afterwards he acknowledged the lordship of King Alfred the Great of Wessex. This alliance was cemented by the marriage of Æthelred to Alfred's daughter Æthelflæd.
Coenred was king of Mercia from 704 to 709. Mercia was an Anglo-Saxon kingdom in the English Midlands. He was a son of the Mercian king Wulfhere, whose brother Æthelred succeeded to the throne in 675 on Wulfhere's death. In 704, Æthelred abdicated in favour of Coenred to become a monk.
The term soke, at the time of the Norman conquest of England, generally denoted "jurisdiction", but its vague usage makes it lack a single, precise definition.
Wiglaf was King of Mercia from 827 to 829 and again from 830 until his death in 839. His ancestry is uncertain: the 820s were a period of dynastic conflict within Mercia and the genealogy of several of the kings of this time is unknown. Wigstan, his grandson, was later recorded as a descendant of Penda of Mercia, so it is possible that Wiglaf was descended from Penda, one of the most powerful seventh-century kings of Mercia.
Anglo-Saxon law is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with early Medieval Scandinavian law and Germanic law, descended from a family of ancient Germanic custom and legal thought. However, Anglo-Saxon law codes are distinct from other early Germanic legal statements—known as the leges barbarorum, in part because they were written in Old English instead of in Latin. The laws of the Anglo-Saxons were the second in medieval Western Europe after those of the Irish to be expressed in a language other than Latin.
Henry of Bracton, also known as Henry de Bracton, Henricus Bracton, Henry Bratton, and Henry Bretton, was an English cleric and jurist.
Quia Emptores is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute Quo Warranto also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name Quia Emptores derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of many English and British statutes with that title.
Berhtwald was the ninth Archbishop of Canterbury in England. His predecessor had been Theodore of Tarsus. Berhtwald begins the first continuous series of native-born Archbishops of Canterbury, although there had been previous Anglo-Saxon archbishops, they did not succeed each other until Berhtwald's successor Tatwine.
The Councils of Clovesho or Clofesho were a series of synods attended by Anglo-Saxon kings, bishops, abbots and nobles in the 8th and 9th centuries. They took place at an unknown location in the Kingdom of Mercia.
In Anglo-Saxon law, backberend and handhabend were terms applied to a thief who was found having the stolen goods in his possession. The terms are respectively derived from "bearing [a thing] upon the back" and "having [a thing] in the hand".
Toll and team were related privileges granted by the Crown to landowners under Anglo-Saxon and Anglo-Norman law. First known from a charter of around 1023, the privileges usually appeared as part of a standard formula in charters granting privileges to estate-holders, along the lines of "with sac and soc, toll and team, infangthief and outfangthief" and so on.
Waif and stray was a legal privilege commonly granted by the Crown to landowners under Anglo-Norman law. It usually appeared as part of a standard formula in charters granting privileges to estate-holders, along the lines of "with sac and soc, toll and team, infangthief and outfangthief" and so on.