VII.   Law

Anglo Saxon Law also known as “Anglaise Law”, "Catholic Law" and “Carolingian Law” is the written system of law first introduced by Charles Martel of the Franks in the 8th Century in the new language of “Anglaise” later known as English and “Old French”.

Anglo-Saxon Law was formalized by 738 CE with the first meeting of nobles or “parlomentum” and promulgation of the Instatutum (Institutions) and Catholic Law by 742 CE with promulgation of Iuris Canonum (Canon Law) through the Decretum Gratiarum (the Decree of Graces of God). The 1st Catholic Pope was then invested (coronated) in Rome in 751 CE being Carloman as Vicarius Christi Zacharias I. Prior to 751 CE there was never a Catholic Pope of Rome as Rome was previously the center of Apocalyptic Mithraism and Ba'al worship.

Under Anglo-Saxon Law in the 8th Century CE, the Pippins formed the cornerstone of Law on the Bible which they called the "Biblia Sacra" (Holy Bible) in Latin, that expanded the Bibiliographe, or βιβλιογράφη of the Holly Roman (Byzantine) Law.

Anglo-Saxon Law in the 8th Century CE created a new form of land separate from terra (land), or Tará (land) or even lares. Anglo-Saxon Law created the concept of lend in which the land (lend) was absolutely owned by God, with the church the absolute landlord without dispute and all nobles upon such land subservient to the true Catholic Church.

Anglo-Saxon Law in the 8th Century CE reordered the titles and ranks of leaders into a new class structure known as “nobility” or simply “nobles” from Latin gnoscere and Greek Knosis meaning “wisdom, worthy, enlightened”. Unlike at any time in Europe for millenia, Martel sought to measure the claim of higher right not simply by birthright, but by knowledge, education and character, creating the "sacré" laws (from Latin meaning sacred") of inheritence that demanded an heir be Christian, be worthy in birthright, in faith and character. Thus for the first time in European history, an heir could be disowned if they were considered incompetent or immoral in character.

Anglo-Saxon Law in the 8th Century CE took away the claims of old Roman titles such as Counts and Dukes into the highest being Lord (from Latin laudis meaning ‘praiseworthy, worthy, meritous’) then Baron (ancient Gaelic bara/barra meaning ‘rod or measure of value’) and Earl (ancient Gaelic meaning ‘brave man, warrior, leader, chief’).

Anglo-Saxon Law in the 8th Century CE reorganized the clergy into four levels being: Vicar of Christ, Primates, Bishops and Priests:

(i) The “Priest” from Anglaise prēost - which originally described a counsellor or village elder and equivalent to the Earl. The Priest then managed a plot of lend equivalent to the village called the Parish (from Latin parocha meaning “provision of necessities”); and

(ii) The next highest was the Bishop from Saxon/Gaul bisceop meaning priest. The Bishop was then in charge of several Priests and Parishes under a Diocese – being a direct return of the divisional lend unit of the Roman Empire under Emperor Diocletian. The bisceops were the first priestly positions of the Catholic Church created at the Concilium (742 CE) the first synod of the fledgling church. Unlike the Imperial Christian Church, each bisceop was granted a sedes (seat) and charter, equivalent to Barons. In fact many of the first Bishops of the Catholic Church were also Barons; and

(iii) The next highest was the Primate, from Latin word primus meaning “first, foremost, most eminent” and equivalent to “Lords” in charge of several Diocese called a Metropolitan; and

(iv) The highest position was then the Vicarius Christi- the Vicar of Christ and Primate Patriarch of the Catholic Church.

Under laws of “lend” invented by the Anglo-Saxon Law in the 8th Century CE, divisions of land were divided into smaller “tenancies” being:

(i) The Lords were placed in control of territorial divisions called a Marche (country) from Latin marca meaning “frontier or boundary”; and

(ii) Barons were placed in control of divisions of land called a Manor from Latin manere meaning “to possess and abide (by agreement)” – hence the phrase “Lord of the Manor; and

(iii) Earls as chiefs were granted recognition of their lands and homes as a Village (Latin villa, 'country home') and their common lands as Culturae.

To ensure uniformity of leases and rights of use of land between terra- land held through lords, barons and earls as well as lend- land held directly by the church, Anglo-Saxon Law from the 8th Century CE invented the concept of the Tenant and the Tenancy Agreement (from Latin tenere meaning to ‘hold/keep’) which meant literally “one who holds land by tenure” – with tenure meaning “an agreement for holding immovable property (tenement), equivalent to lease.” The concept of “hold” was also significant to the Franks as the word itself denoted certain obligations namely “to keep, tend and watch over (the land)”:

(i) The Lords held tenancies under Carta (Charter) known as a Tenens in Capite (Tenant in Chief); and

(ii) Barons held tenancies under Lords under Carta (Charter) or Convenia (Covenant) called Tenens in Manor (Tenant in (the) Manor); and

(iii) Villages held common land (Culturae) in tenancy known as Tenens in Communis (Tenancy in Common) under Barons, while individual families may also have held land as Tenens ad vitam (Tenant for Life), Tenens ad annum (Tenant for Years) or Tenens ad voluntate (Tenant at Will).

Similar to ancient Irish property law, the Pippins from the 8th Century CE honored the concept of surety of the agreement in the form of the oath of the tenant to uphold their obligations, which was called their “bond” – hence “my word is my bond”. Thus tenant farmers were called bondsmen in recognition of standing for their oath, not because they were considered slaves.

To ensure Tenants were protected under their tenancy, two fundamental principles of law were attached to the concept of tenancy from the 8th Century CE, the right of equity and the right of redemption:

(i) The right of equity (equite) was the right of fairness and fair use whereby a tenant has the right of fair use of the property without constraint by the landlord and may seek remedy from a higher authority if the landlord creates unreasonable impediments or demands; and

(ii) The right of redemption was the right for a tenant to make good any wrong and therefore "redeem" their honor before being formally declared delinquent.

The Pippins (Carolingians) in the 8th Century CE created three forums of law they called the Placitum, Manorum and Palatium:

(i) The Placitum was the forum for minor and medium estates (sessions) and non capital crimes and in particular recognized the rights of equity and redemption of tenants; and

(ii) Manorum or Manor Court or Manor Hall was the hall of the Baron in which serious crimes (murder, theft etc) were adjudicated; and

(iii) Palatium or Palace of the Lord was the major palace of the Lord in which crimes by barons and treason were adjudicated.