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English
Legal History
2/2/2009
Outline
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III. SOME KEY POINTS FROM THE DOCUMENTS
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IV. SOME DETAILS ON THE ESTABLISHMENT OF THE KINGDOM OF ENGLAND
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ANGLO-SAXON CONSTITUTIONAL HISTORY
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1.
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Narrative history: Bede, Ecclesiastical History of the
English People; The Anglo-Saxon Chronicle
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2.
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The so-called “law codes,” beginning with Aethelberht (c.
600) and going right up to the Conquest.
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3.
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Language and literature: Beowulf, lyric poetry, sermons,
saints’ lives
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4.
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Place-names
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5.
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Coins
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6.
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Art and archaeology
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7.
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Charters
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1.
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The period of the invasions (Bede on the origins of the
English settlers) (Mats. p. II–1), 450–600:
“They came from three very powerful nations of the Germans, namely
the Saxons, the Angles and the Jutes.
From the stock of the Jutes are the people of Kent and the people of Wight, that is, the
race which holds the Isle of Wight, and that which in the province of the
West Saxons is to this day called the nation of the Jutes, situated
opposite that same Isle of Wight. From the Saxons, that is, from the region
which now is called that of the Old Saxons, came the East Saxons, the South
Saxons, the West Saxons. Further, from the Angles, that is, from
the country which is called Angulus
and which from that time until today is said to have remained deserted
between the provinces of the Jutes and the Saxons, are sprung the East
Angles, the Middle Angles, the Mercians, the whole race of the
Northumbrians, that is, of those peoples who dwell north of the River
Humber, and the other peoples of the Angles. Their first leaders are said to have been
two brothers, Hengest and Horsa, of whom Horsa was afterwards killed by the
Britons in battle, and has still in the eastern parts of Kent a monument
inscribed with his name. They were the sons of Wihtgils, the son of Witta,
the son of Wecta, the son of Woden, from whose stock the royal race of many
provinces trace their descent.”
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2.
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The
conversion to Christianity (Bede on the conversion of Edwin by Paulinus)
(Mats. p. II–2), 600–835:
“When the king had heard these words, he replied that he was both
willing and bound to receive the faith which he taught. Still, he said that he would confer about
it with his loyal chief men and counsellors, so that if they also were of
his opinion they might all be consecrated to Christ together in the font of
life. And with Paulinus’s assent, he
did as he had said. For, holding a
council with his wise men, he asked of each in turn what he thought of this
doctrine, previously unknown, and of this new worship of God, which was
preached.
“The chief of his priests, Coifi, at once replied to him: “See, king, what
manner of thing this is which is now preached to us; for I most surely
admit to you, what I have learnt beyond a doubt, that the religion which we
have held up till now has no power at all and no use. For none of your followers has applied
himself to the worship of our gods more zealously than I; and nevertheless
there are many who receive from you more ample gifts and greater honours
than I, and prosper more in all things which they plan to do or get. But if the gods were of any avail, they
would rather help me, who have been careful to serve them more devotedly. It remains, therefore, that if on
examination you find these new things, which are now preached to us, better
and more efficacious, we should hasten to receive them without any delay.”
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3.
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The
period of the Heptarchy, Aethelberht, Northumbrians, Offa, Egbert (Bede on
the concept of the bretwalda)
(Mats. p. II–3), 600–835:
“In the year of our Lord’s incarnation 616, which is the 21st year
after Augustine with his companions was sent to preach to the nation of the
English, Ethelbert, king of the people of Kent, after his temporal kingdom
which he had held most gloriously for 56 years, entered into the eternal
joys of the heavenly kingdom. He was
indeed the third of the kings in the nation of the English to hold dominion
over all their southern provinces, which are divided from the northern by
the River Humber and the boundaries adjoining it; but the first of them all
to ascend to the heavenly kingdom.
For the first who had sovereignty (imperium; bretwalda
in the A-S translation) of this kind was Ælle, king of the South Saxons
[477–91]; the second Caelin, king of the West Saxons [560–90], who in their
language is called Ceawlin; the third, as we have said, Ethelbert, king of
the people of Kent [560–616]; the fourth, Rædwald, king of the East Angles
[c.600–616 X 627], who, even while Ethelbert was alive, had been obtaining
the leadership for his own race; the fifth, Edwin, king of the nation of
the Northumbrians [616–33], that is, of that nation which dwells on the
north side of the River Humber, ruled with greater power over all the
peoples who inhabit Britain, the English and Britons as well, except only
the people of Kent, and he also reduced under English rule the Mevanian
islands of the Britons, which lie between Ireland and Britain; the sixth, Oswald,
also a most Christian king of the Northumbrians [Saint Oswald, 634–42],
held a kingdom with these same bounds; the seventh, his brother Oswiu,
governing for some time a kingdom of almost the same limits [655–70], also
subdued for the most part and made tributary the nations of the Picts and
Scots, who hold the northern parts of Britain. But of this hereafter.”
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4.
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The
period of the Danish invasions (the Battle
of “Brunanburh” from the A-S chronicle) (Mats., p. II–2), 835–924:
“Hēr Æþelstān cyning, eorla dryhten,
beorna bēahgifa, ond his brōþor ēac,
Ēadmund
æþeling, ealdorlangne tīr
geslōgon æt sæcce sweorda ecgum
ymbe Brūnanburh. Bordweal clufan,
hēowan heaþolinde hamora lāfan
afaran Ēadweardes, swā him geæþele wæs
from
cnēomæ¯gum,
þæt hī æt campe oft
wiþ lāþra gehwæne land ealgodon
hord
ond hāmas.”
(In this year King Athelstan, lord of earls / ring-giver
of warriors, and his brother also, / Edmund atheling, undying glory / won
by sword’s edge in battle / around “Brunanburh.” Shield-wall they cleaved, / hewed
war-linden [linden bucklers] with hammers’ leavings [hammered blades], /
offspring of Edward, as was inborn to them / from their ancestry, that they
at battle oft / with each enemy defend their land, / hoard and homes.)
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5.
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The period of the national
monarchy, Alfred, Edward the Elder, Edgar, Ethelred, Cnut, Edward the
Confessor, 824–1066 (the coronation oath of Edgar) (Mats. p. II–3):
“This writing has been copied, letter by letter, from
the writing which Archbishop Dunstan gave our lord at Kingston on the day
that he was consecrated as king, forbidding him to make any promise save
this, which at the bishop’s bidding he laid on Christ’s altar:—
“In the name of the Holy Trinity, I promise three things to the Christian
people of my subjects: first that God’s Church and all Christian people of
my realm shall enjoy true peace; second, that I forbid to all ranks of men
robbery and wrongful deeds; third that I urge and command justice and mercy
in all judgments, so that the gracious and compassionate God who lives and
reigns may grant us all His everlasting mercy.”
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1.
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Woden, Hengest and Horsa
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2.
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Angles, Saxons, Jutes and
Frisians
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3.
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amicis principibus consiliariis (loyal chief men and
counsellors); in consilio sapientium—the
witenagemot; cum ducibus
et ministris (trans. earldomen and thegns); maiores natu and regis
consiliarii (nobles and king’s counsellors)
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4.
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bretwalda (imperium)
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5.
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cyning, the son of the kin—eorla
dryhten, lord of earls—beorna
beahgifa, ring-giver of warriors—aetheling,
son of the nobility
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6.
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peace to the church and all
Christian people, prohibition of robbery and wrongful deeds, injunction to justice
and mercy in judgments
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1.
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The eighth century is the
period to ascendancy of Mercia,
a kingdom in the north middle part of England. Ethelbald 716–757,
whom Bede mentions, and Offa 757–796, who calls
himself rex totius Anglie patrie
(king of the whole fatherland of England). The other kings are subreguli ‘underkings’.
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2.
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In 802, Egbert, way out of the line of succession, became
king of the West Saxons. In 825, he
defeated the Mercians at Ellendum. From there on the leading king in England was the king of the West Saxons.
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3.
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But the West Saxons had a
new and dangerous enemy to face. In 835, the Vikings who had been raiding England
since the early part of the century launched a major invasion. In 865 the mickel here (‘big army’) arrived and spent the winter.
They began a conquest that threatened to take over the whole of England.
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4.
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But their progress was stopped by Alfred 871–899, the
greatest of the Anglo-Saxon kings; he contained the Danes in the Danelaw,
and launched a massive revival of Anglo-Saxon culture.
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5.
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His son, Edward the Elder 899–924, with his sister
Aethelflaed,reconquered the Danelaw to the Humber. There was a great religious revival under
Dunstan.
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6.
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During the reigns of Aethelstan of the poem 924–39 and
Edmund of the poem 939-46, the north of England was recovered, then
lost, then recovered again.
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7.
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Edgar, known as the peaceable, became king of all England
957–75—major coronation ceremony at the end of his reign. Mats. p. II–3.
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8.
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Unfortunately, the next major king was Ethelred the Unready
(means he didn’t
take counsel) 978–1016, who had a long and disasterous reign.
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9.
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He was succeeded by Cnut 1016–1035, a Danish king, but this
was a different kind of Danish invasion. Cnut was a Christian. He governed
a north sea empire that included Denmark,
and he ruled in England
through native Anglo-Saxons.
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10.
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The native dynasty returned
with Edward the Confessor, son of Ethelred the Unready. Edward began reign
in 1042 and died childless on 5 Jan. 1066.
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