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Marien-legenden” in Sitzungsb. der Wien. Akademie (t. cxiii., cxv., cxix., cKxiii., cxxix.). Another set of religious and moralizing tales is to be found in Chardri's Set dormans and Josaphat, c. 1216 (Koch, Alfr. Bibl., 1880; G. Paris, Poèmes et légendes du moyen àge). (c) History.—Of far greater importance, however, are the works which constitute Anglo-Norman historiography. The first Anglo-Norman historiographer is Geoffrey Gaimar, who wrote his Estorie des Angles (between 1147 and 1151) for Dame Constance, wife of Robert Fitz-Gislebert (The Anglo-Norman Metrical Chronicle, Hardy and Martin, i. ii., London, 1888). This history comprised a first part (now lost), which was merely a translation of Geoffrey of Monmouth's Historia regum Britanniae, preceded by a history of the Trojan War, and a second part which carries us as far as the death of William Rufus. For this second part he has conshlted historical documents, but he stops at the year 1087, just when he has reached the period about which he might have been able to give us some first-hand information. Similarly, Wace in his Roman de Rou et des ducs de Normandie (ed. Andresen, Heilbronn, 1877–1879, 2 vols.), written 1160–1174, stops at the battle of Tinchebray in 1107 just before the period for which he would have been so useful. His Brut or Geste des Bretons (Le Roux de Lincy, 1836-1838, 2 vols.), written in 1155, is merely a translation of Geoffrey of Monmouth. “Wace,” says Gaston Paris, speaking of the Roman de Rou, “traduit en les abrégeant des historiens latins que nous possédons; mais câ et lå il ajoute soit des contes populaires, par exemple sur Richard I", sur Robert I", soit des particularités qu'il savait par tradition (sur ce même Robert le magnifique, sur l'expédition de Guillaume, &c.) et qui donnent à son oeuvre un réel intérêt historique. Sa langue est excellente; son style clair, serré, simple, d'ordinaire assez monotone, vous plait parsa saveur archaique et quelquefois par une certaine grâce et une certaine malice.” The History of the Dukes of Normandy by Benoit de SainteMore is based on the work of Wace. It was composed at the request of Henry II. about 1170, and takes us as far as the year 1135 (ed. by Francisque Michel, 1836–1844, Collection de documents inédits, 3 vols.). The 43,000 lines which it contains are of but little interest to the historian; they are too evidently the work of a romancier courtois, who takes pleasure in recounting love-adventures such as those he has described in his romance of Troy. Other works, however, give us more trustworthy information, for example, the anonymous poem on Henry II.'s Conquest of Ireland in 1172 (ed. Francisque Michel, London, 1837), which, together with the Expugnatio hibernica of Giraud de Barri, constitutes our chief authority on this subject. The Conquest of Ireland was republished in 1892 by Goddard Henry Orpen, under the title of The Song of Dermot and the Earl (Oxford, Clarendon Press). Similarly, Jourdain Fantosme, who was in the north of England in 1174, wrote an account of the wars between Henry II., his sons, William the Lion of Scotland and Louis VII., in 1173 and 1174 (Chronicle of the reigns of Stephen ... III., ed. by Joseph Stevenson and Fr. Michel, London, 1886, pp. 202-307). Not one of these histories, however, is to be compared in value with The History of William the Marshal, Count of Striguil and Pembroke, regent of England from 1216-1219, which was found and subsequently edited by Paul Meyer (Société de l'histoire de France, 3 vols., 1891-1901). This masterpiece of historiography was composed in 1225 or 1226 by a professional poet of talent at the request of William, son of the marshal. It was compiled from the notes of the marshal's squire, John d'Early (t 1230 or 1231), who shared all the vicissitudes of his master's life and was one of the executors of his will. This work is of great value for the history of the period 1186-1219, as the information furnished by John d'Early is either personal or obtained at first hand. In the part which deals with the period before 1186, it is true, there are various mistakes, due to the author's ignorance of contemporary history, but these slight blemishes are amply atoned for by the literary value of the work. The style is concise, the anecdotes are well told, the descriptions short and picturesque; the whole constitutes one of the most

living pictures of medieval society. Very pale by the side of this work appear the Chronique of Peter of Langtoft, written between 1311 and 1320, and mainly of interest for the period 1294-1307 (ed. by T. Wright, London, 1866-1868); the Chronique of Nicholas Trevet (1258?–1328?), dedicated to Princess Mary, daughter of Edward I. (Duffus Hardy, Descr. Catal. III., 349-350); the Scala Chronica compiled by Thomas Gray of Heaton (f c. 1369), which carries us to the year 1362-1363 (ed. by J. Stevenson, Maitland Club, Edinburgh, 1836); the Black Prince, a poem by the poet Chandos, composed about 1386, and relating the life of the Black Prince from 1346–1376 (re-edited by Francisque Michel, London and Paris, 1883); and, lastly, the different versions of the Brutes, the form and historical importance of which have been indicated by Paul Meyer (Bulletin de la Société des Anciens Textes, 1878, pp. 104-145), and by F. W. D. Brie (Geschichte und Quellen der mittelenglischen Prosachronik, The Brute of England or The Chronicles of England, Marburg, 1905). Finally we may mention, as ancient history, the translation of Eutropius and Dares, by Geoffrey of Waterford (13th century), who gave also the Secret des Secrets, a translation from a work wrongly attributed to Aristotle, which belongs to the next division (Rom. xxiii. 314). Didactic Literature.—This is the most considerable, if not the most interesting, branch of Anglo-Norman literature: it comprises a large number of works written chiefly with the object of giving both religious and profane instruction to Anglo-Norman lords and ladies. The following list gives the most important productions arranged in chronological order:— Philippe de Thaun, Comput, c. 1119 (edited by E. Mall; Strassburg, 1873), poem on the calendar; Bestiaire, c. 1130 (ed. by E. Walberg, Paris, 1900; cf. G. Paris, Rom. xxxi. 175); Lois de Guillaume le Conquérant (redaction between 1150 and 1170, ed. by J. E. Matzke, Paris, 1899); Oxford Psalter, c. 1150 (Fr. Michel, Libri Psalmorum versio antiqua gallica, Oxford, 1860); Cambridge Psalter, c. 1160 (Fr. Michel, Le Livre des Psaumes, Paris, 1877); London Psalter, same as Oxford Psalter (cf. Beyer, Zt. f. rom. Phil. xi. 513-534; xii. 1-56); Disticha Catonis, translated by Everard de Kirkham and Elie deWinchester (Stengel, Ausg. u. Abhandlungen); Le Roman de fortune, summary of Boetius' De consolatione philosophiae, by Simon de Fresne (Hist. lit. xxviii. 408); Quatre livres des rois, translated into French in the 12th century, and imitated in England soon after (P. Schlösser, Die Lautverhältnisse der quatre livres des rois, Bonn, 1886; Romania, xvii. 124); Donnei des Amanz, the conversation of two lovers, overheard and carefully noted by the poet, of a purely didactic character, in which are included three interesting pieces, the first being an episode of the story of Tristram, the second a fable, L'homme et le serpent, the third a tale, L'homme et l'oiseau, which is the basis of the celebrated Lai de l'oiselet (Rom. xxv. 497); Livre des Sibiles (1160); Enseignements Trebor, by Robert de Ho (= Hoo, Kent, on the left bank of the Medway) [edited by Mary Vance Young, Paris; Picard, 101; cf. G. Paris, Rom. xxxii. 141]; Lapidaire de Cambridge (Pannier, Les Lapidaires français); Frère Angier de Ste. Frideswide, Dialogues, 29th of November 1212 (Rom. xii. 145-208, and *xix.; M. K. Pope, Etude sur la langue de Frère Angier, Paris, 1903); Li dialoge Grégoire le pape, ed. by Foerster, 1876; Petit Plet, by Chardri, c. 1216 (Koch, Altfr Bibliothek, i., and Mussafia, Z. f. r. P. iii. 591); Petite philosophie, c. 1225 (Rom. xv. 356; xxix. 72); Histoire de Marie et de Jésus (Rom. xvi. 248-262); Poème sur l'Ancien Testament (Nol. et Extr. xxxiv. 1, 210; Soc. Anc. Textes, 1889, 73-74); Le Corset and Le Miroir, by Robert de Gretham (Rom. vii. 345; xv. 296); Lumière as Lais, by Pierre de Peckham, c. 1250 (Rom. xv. 287); an Anglo-Norman redaction of Image du monde, c. 1250 (Rom. xxi. 481); two Anglo-Norman versions of Quatre saurs (Justice, Truth, Peace, Mercy), 13th century (ed. by Fr. Michel, Psautier d'Oxford, pp. 364-368, Bulletin Soc. Anc. Textes, 1886, 57; Romania, xv. 352); another Comput by Raüf de Lenham, 1256 (P. Meyer, Archives des missions, 2nd series iv. 154 and 160-164; Rom. xv. 285); Le chastel d'amors, by Robert Grosseteste or Greathead, bishop of

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Soc. Anc. Textes, 1880, p. 73 and Romania xxxii, 68); Dialogue de l'évêque Saint Julien et son disciple (Rom. xxix. 21); Poème sur l'antichrist et le jugement dernier, by Henri d'Arci (Rom. xxix. 78; Nol. et. Extr. 35, i. 137). Wilham de Waddington produced at the end of the 13th century his Manuel des péchés, which was adapted in England by Robert of Brunne in his Handlying Sinne (1303) [Hist. lit. xxviii. 179-207; Rom. xxix. 5, 47-53]; see Furnivall, Robert of Brunne's Handlying Synne (Roxb.Club, 1862); in the 14th century we find Nicole Bozon's Contes moralisés (see above); Traité de naturesse (Rom. xiii. 508); Sermons in verse (P. Meyer, op. cit. xlv.); Proverbes de bon enseignement (op. cil. xlvi.). We have also a few handbooks on the teaching of French. Gautier de Biblesworth wrote such a treatise d Madame Dyonise de Mountechensi pur aprise de langage (Wright, A Volume of Vocabularies; P. Meyer, Rec. d’anc. textes, p. 360 and Romania xxxii, 22); Orthographia gallica (Stürzinger, Allfr. Bibl. 1884); La manière de language, written in 1396 (P. Meyer, Rev. crit. d'hist. et de litt. nos. compl. de 1870); Un petit livre pour enseigner les enfants de leur entreparler comun françois, c. 1399 (Stengel, Z. für n.f. Spr: u. Litt. i. 11). The important Mirour de l'omme, by John Gower, contains about 30,000 lines written in very good French at the end of the 14th century (Macaulay, The Complete Works of John Gower, i., Oxford, 1899). Hagiography.-Among the numerous lives of saints written in Anglo-Norman the most important ones are the following, the list of which is given in chronological order:-Voyage de Saint Brandun (or Brandain), written in 1121, by an ecclesiastic for Queen Aelis of Louvain (Rom. St. i. 553-588; Z. f. r. P. ii. 438459, Rom. xviii. 203. C. Wahlund, Die allfr. Prosaiibersetz. von Brendan's Meerfahrt, Upsala, 1901); life of St Catherine by Clemence of Barking (Rom. xiii. 4oo, Jarnik, 1894); life of St Giles, c. 1170, by Guillaume de Berneville (Soc. Anc. Textes fr., 1881; Rom. xi. and xxiii. 94); life of St Nicholas, life of Our Lady, by Wace (Delius, 1850; Stengel, Cod. Digby, 66); Uhlemann, Gram. Krit. Studien zu Wace's Conception und Nicolas, 1878; life of St George by Simon de Fresne (Rom. x. 319; J. E. Matzke, Public. of the Mod. Lang. Ass. of Amer. xvii. 1902; Rom. xxxiv. 148); Expurgatoire de Ste. Patrice, by Marie de France (Jenkins, 1894; Eckleben, Aelteste Schilderung vom Fegefeuer d. H. Patricius, 1851; Ph. de Felice, 1906); La vie de St Edmund le Rei, by Denis Pyramus, end of 12th century (Memorials of St Edmund's Abbey, edited by T. Arnold, ii. 1892; Rom. xxii. 17o); Henri d'Arci's life of St Thais, poem on the Antichrist, Visio S. Pauli (P. Meyer, Not. et Extr. xxxv. 137-158); life of St Gregory the Great by Frère Angier, 30th of April 1214 (Rom. viii. 509-544; ix. 176; xviii. 201); life of St Modwenna, between 1225 and 1250 (Suchier, Die dem Matthäus Paris zugeschriebene Vie de St Auban, 1873, pp. 54-58); Fragments of a life of St Thomas Becket, c. 1230 (P. Meyer, Soc. Anc. Text. fr., 1885); and another life of the same by Benoit of St Alban, 13th century (Michel, Chron. des ducs de Normandie; Hist. Lit. xxiii. 383); a life of Edward the Confessor, written before 1245 (Luard, Lives of Edward the Confessor, 1858; Hist. Lit. xxvii. 1), by an anonymous monk of Westminster, life of St Auban, c. 1250 (Suchier, op.cit.; Uhlemann, “Uber die vie de St Auban in Bezug auf Quelle,” &c. Rom. St. iv. 543-626, ed. by Atkinson, 1876). The Vision of Tnudgal, an Anglo-Norman fragment, is preserved in MS. 312, Trinity College, Dublin; the MS. is of the 14th century; the author seems to belong to the 13th (La vision de Tondale, ed. by Friedel and Kuno Meyer, 1906). In this category we may add the life of Hugh of Lincoln, 13th century (Hist. Lit. xxiii. 436; Child, The English and Scottish Popular Ballads, 1888, p. v., Wolter, Bibl. Anglo-Norm. ii. 115). Other lives of saints were recognized to be Anglo-Norman by Paul Meyer when examining the MSS. of the Welbeck library (Rom. xxxii. 637 and Hist. Lit. xxxiii. 338-378). Lyric Poetry.-The only extant songs of any importance are

the seventy-one Ballads of Gower (Stengel, Gower's Minnesang, 1886). The remaining songs are mostly of a religious character. Most of them have been discovered and published by Paul Meyer (Bulletin de la Soc. Anc. Textes, 1889; Not. et Extr. xxxiv.; Rom. xiii. 518, t. xiv. 37o; xv. p. 254, &c.). Although so few have come down to us such songs must have been numerous at one time, owing to the constant intercourse between English, French and Provençals of all classes. An interesting passage in Piers Plowman furnishes us with a proof of the extent to which these songs penetrated into England. We read of : “. . . dykers and deluers that doth here dedes ille, And dryuen forth the longe day with ‘Deu, vous saue, Dame Emme!'” (Prologue, 223 f.) One of the finest productions of Anglo-Norman lyric poetry written in the end of the 13th century, is the Plainte d'amour (Vising, Göteborg, 1905; Romania xiii. 507, xv. 292 and xxix. 4), and we may mention, merely as literary curiosities, various works of a lyrical character written in two languages, Latin and French, or English and French, or even in three languages, Latin, English and French. In Early English Lyrics (Oxford, 1907) we have a poem in which a lover sends to his mistress a love-greeting composed in three languages, and his learned friend replies in the same style (De amico ad amicam, Responcio, viii and ix). Satire.-The popularity enjoyed by the Roman de Renart and the Anglo-Norman version of the Riote du Monde (Z. f. rom. Phil. viii. 275-289) in England is proof enough that the French spirit of satire was keenly appreciated. The clergy and the fair sex presented the most attractive target for the shots of the satirists. However, an Englishman raised his voice in favour of the ladies in a poem entitled La Bonté des dames (Meyer, Rom. xv. 315-339), and Nicole Bozon, after having represented “Pride” as a feminine being whom he supposes to be the daughter of Lucifer, and after having fiercely attacked the

women of his day in the Char d'Orgueil (Rom. xiii. 516), also

composed a Bounté des femmes (P. Meyer, op. cit. 33) in which he covers them with praise, commending their courtesy, their humility, their openness and the care with which they bring up their children. A few pieces of political satire show us French and English exchanging amenities on their mutual shortcomings. The Roman des Français, by André de Coutances, was written on the continent, and cannot be quoted as Anglo-Norman although it was composed before 1204 (cf. Gaston Paris: Trois versions rimées de l'évangile de Nicodème, Soc. Anc. Textes, 1885),it is a veryspirited reply to Frenchauthors who had attacked the English. Dramatic Literature.-This must have had a considerable influence on the development of the sacred drama in England, but none of the French plays acted in England in the 12th and 13th centuries has been preserved. Adam, which is generally considered to be an Anglo-Norman mystery of the 12th century, was probably written in France at the beginning of the 13th century (Romania xxxii. 637), and the so-called Anglo-Norman Resurrection belongs also to continental French. It is necessary to state that the earliest English moralities seem to have been imitations of the French ones. BIBLIOGRAPHY.-Apart, from the works already mentioned see enerally: Scheibner. “Uber die Herrschaft der frz. Sprache in £: (Annaberg, Progr. der Königlichen Realschule, 1880, 38 f.) Groeber, Grundr. der romanischen Philologie, ii., iii. (Strassburg, 1902); G. Paris, La Litt. fr. au moyen dge (1905); Esquisse historique de la litt. fr. au moyen dge (1907); La Litt. norm. avant l'annexion 912-12o.4 (Paris, 1899); " f' normand en Angleterre,” La Poésie au moyen dge (2nd series 45-74, Paris, 1906); Thomas Wright, Biographia £ literaria (Anglo-Norman period, London, 1846); Ten Brink, Geschichte der englischen Litteratur (Berlin, 1877, i. 2); J. usserand. Hist, litt. da peuple anglais (2nd ed. 1895, vol. i.); W. H. Schofield, English Literature from the Norman Con. uest to Chaucer (London, 1906); Johan Vising, Franska Språket 1 ngland (Göteborg, 1900, 1901, 1902). (L. B.R.) ANGLO-SAXON CHRONICLE. It is usual to speak of “the Anglo-Saxon Chronicle ”; it would be more correct to say that there are four Anglo-Saxon Chronicles. It is true that these all grow out of a common stock, that in some even of their later entries two or more of them use common materials; but the same

may be said of several groups of medieval chronicles, which no one dreams of treating as single chronicles. Of this fourfold Chronicle there are seven MSS. in existence; C.C.C. Cant. 173 (A); Cott. Tib. A vi. (B); Cott. Tib. B i. (C); Cott. Tib. B iv. (D); Bodl. Laud. Misc. 636 (E); Cott. Domitian A. viii. (F); Cott. Otho B xi. (G). Of these G is now a mere fragment, and it is known to have been a transcript of A. F is bilingual, the entries being given both in Saxon and Latin. It is interesting as a stage in the transition from the vernacular to the Latin chronicle; but it has little independent value, being a mere epitome, made at Canterbury in the 11th or 12th century, of a chronicle akin to E. B., as far as it goes (to 977), is identical with C, both having been copied from a common original, but A, C, D, E have every right to be treated as independent chronicles. The relations between the four vary very greatly in different parts, and the neglect of this consideration has led to much error and confusion. The common stock, out of which all grow, extends to 892. The present writersees no reason to doubt that the idea of a national, as opposed to earlier local chronicles, was inspired by Alfred, who may even have dictated, or at least revised, the entries relating to his own campaigns; while for the earlier parts pre-existing materials, both oral and written, were utilized. Among the latter the chronological epitome appended to Bede's Ecclesiastical History may be specially mentioned. But even this common stock exists in two different recensions, in A, B, C, on the one hand, and D, E on the other. The main points of difference are that in D, E (1) a series of northern annals have been incorporated; (2) the Bede entries are taken, not from the brief epitome, but from the main body of the Eccl. Hist. The inference is that, shortly after the compiling of this Alfredian chronicle, a copy of it was sent to some northern monastery, probably Ripon, where it was expanded in the way indicated. Copies of this northernized Chronicle afterwards found their way to the south. The impulse given by Alfred was continued under Edward, and we have what may be called an official continuation of the history of the Danish wars, which, in B, C, D extends to 915, and in A to 924. After 915 B, C insert as a separate document a short register of Mercian affairs during the same period (902-924), which might be called the acts of Æthelflaed, the famous “Lady of the Mercians,” while D has incorporated it, not very skilfully, with the official continuation. Neither of these documents exists in E. From 925 to 975 all the chronicles are very fragmentary; a few obits, three or four poems, among them the famous ballad on the battle of Brunanburh, make up the meagre tale of their common materials, which each has tried to supplement in its own way. A has inserted a number of Winchester entries, which prove that A is a Winchester book. And this local and scrappy character it retains to 10ol, where it practically ends. At some subsequent time it was transferred bodily to Canterbury, where it received numerous interpolations in the earlier part, and a few later local entries which finally tail off into the Latin acts of Lanfranc. A may therefore be dismissed. C has added to the common stock one or two Abingdon entries, with which place the history of Cisclosely connected; while D and E have a second group of northern annals 901–966, E being however much more fragmentary than D, omitting, or not having access to, much both of the common and of the northern material which is found in D. From 983 to 1018 C, D and Eare practically identical, and give a connected history of the Danish struggles under Æthelred II. This section was probably composed at Canterbury. From 1or8 the relations of C, D, E become too complicated to be expressed by any formula; sometimes all three agree together, sometimes all three are independent; in other places each pair in turn agree against the third. It may be noted that Cisstrongly anti-Godwinist, while Eisequallypro-Godwinist, D occupying an intermediate position. Cextends to 1066, where it ends abruptly, and probably mutilated. D ends at 1079 and is certainly mutilated. In its later history Disassociated with some place in the diocese of Worcester, probably Evesham. In its present form D is a comparatively late MS., none of it probably much earlier, and some of it later, than 11oo. In the case of entries in the earlier part of the chronicles, which are peculiar to D, we cannot exclude the possibility that they may be late

interpolations. E is continued to 1154. In its present form it is unquestionably a Peterborough book. The earlier part is full of Peterborough interpolations, to which place many of the later entries also refer. But (apart from the interpolations) it is only the entries after 1121, where the first hand in the MS. ends, which were actually composed at Peterborough. The section 1023-1067 certainly, and possibly also the section 1068-1121, was composed at St Augustine's, Canterbury; and the former is of extreme interest and value, the writer being in close contact with the events which he describes. The later parts of E show a great degeneration in language, and a querulous tone due to the sufferings of the native population under the harsh Norman rule; “but our debt to it is inestimable; and we can hardly measure what the loss to English history would have been, if it had not been written; or if, having been written, it had, like so many another English chronicle, been lost.” BIBLIOGRAPHY-The above account is based on the introduction in vol. ii. of the Rev. C. Plummer's edition of Two of the Saxon Chronicles Parallel (Clarendon Press, 1892, 1899); to which the student may be referred for detailed arguments. The editio princeps of the Anglo-Saxon Chronicle was by Abraham Wheloc, professor of Arabic at Cambridge, where the work was printed (164 -1644); It was based mainly on the MS. called G above, and is the chief source of our knowledge of that MS. which perished, all but three leaves, in the Cottonian fire of 1723. Edmund Gibson of Queen's College, Oxford, afterwards bishop of London, published an edition in 1692. He used Wheloc's edition, and E, with collations or transcripts of B and F. Both Whelocand Gibson give Latin translations. In 1823 appeared an edition by Dr Ingram, of Trinity College, Oxford, with an English translation. Besides A, B, E, F, Ingram used C and D for the first time. But both he and Gibson made the fatal error of trying to combine the disparate materials contained in the various chronicles in a single text. An improvement in this respect is seen in the edition made by Richard Price (d. 1833) for the first (and only) volume of Monumenta Historica Britannica (folio 1848). There is still, however, too much conflation, and owing to the plan of the volume, the edition only extends to 1066. A translation is appended. ... In 1861 appeared Benjamin Thorpe's six-text edition in the Rolls Series. Though not free from defects, this edition is absolutely indispensable for the study of the chronicles and the mutual relations of the different MSS. A second volume contains the translation. In 1865 the Clarendon Press published. Two Saxon Chronicles (A and E) Parallel, with supplementary extracts from the others, by the Rev. John Earle. This edition has no translation, but in the notes and introduction a very considerable advance was made. On this edition is partly based the later edition by the Rev. C. Plummer, already cited above. In addition to the translations contained in the editions already mentioned, the following have. n issued separately. The first translation into modern English was by Miss Anna Gurney, privately printed in 1819. This was largely based on Gibson's edition, and was in turn the basis of Dr Giles' translation, published in 1847, and often reprinted. The best translation is that by the Rev. Joseph Stevenson, in his series of Church. Historians of England (1853). Up to the Conquest it is a revision of the translation contained in Mon. Hist. Brit. '. that point it is an independent translation. (C. Pl.)

ANGLO-SAXON LAW. 1. The body of legal rules and customs which obtained in England before the Norman conquest constitutes, with the Scandinavian laws, the most genuine expression of Teutonic legal thought. While the so-called "barbaric laws” (leges barbarorum) of the continent, not excepting those compiled in the territory now called Germany, were largely the product of Roman influence, the continuity of Roman life was almost completely broken in the island, and even the Church, the direct heir of Roman tradition, did not carry on a continuous existence: Canterbury was not a see formed in a Roman province in the same sense as Tours or Reims. One of the striking expressions of this Teutonism is presented by the language in which the Anglo-Saxon laws were written. They are uniformly worded in English, while continental laws, apart from the Scandinavian, are all in Latin. The English dialect in which the Anglo-Saxon laws have been handed down to usis in most cases a common speech derived from West Saxon-naturally enough as Wessex became the predominant English state, and the court of its kings the principal literary centre from which most of the compilers and scribes derived their dialect and spelling. Traces of Kentish speech may be detected, however, in the Textus Roffensis, the MS. of the Kentish laws, and Northumbrian dialectical peculiarities are also noticeable on some occasions, while Danish words occur only as technical terms. At the conquest, Latin takes the place of English in the compilations made to meet the demand for Anglo-Saxon law texts as still applied in practice. 2. It is easy to group the Anglo-Saxon laws according to the manner of their publication. They would fall into three divisions: (1) laws and collections of laws promulgated by public authority; (2) statements of custom; (3) private compilations of legal rules and enactments. To the first division belong the laws of the Kentish kings, AEthelberht, Hlothhere and Eadric, Withraed; those of Ine of Wessex, of Alfred, Edward the Elder, Æthelstan," Edmund, Edgar, AEthelred and Canute; the treaty between Alfred and Guthrum and the so-called treaty between Edward and Guthrum. The second division is formed by the convention between the English and the Welsh Dunsaetas, the law of the Northumbrian priests, the customs of the North people, the fragments of local custumals entered in Domesday Book. The third division would consist of the collections of the so-called Pseudo-leges Canuti, the laws of Edward the Confessor, of Henry I., and the great compilation of the Quadripartitus, then of a number of short notices and extracts like the fragments on the “wedding of a wife,” on oaths, on ordeals, on the king's peace, on rural customs (Rectitudines singularum personarum), the treatises on the reeve (gerefa) and on the judge (dema), formulae of oaths, notions as to wergeld, &c. A fourth group might be made of the charters, as they are based on Old English private and public law and supply us with most important materials in regard to it. Looking somewhat deeper at the sources from which Old English law was derived, we shall have to modify our classification to some extent, as the external forms of publication, although important from the point of view of historical criticism, are not sufficient standards as to the juridical character of the various kinds of material. Direct statements of law would fall under the following heads, from the point of view of their legal origins: i. customary rules followed by divers communities capable of formulating law; ii. enactments of authorities, especially of kings; iii. private arrangements made under recognized legal rules. The first would comprise, besides most of the statements of custom included in the second division according to the first classification, a great many of the rules entered in collections promulgated by kings; most of the paragraphs of AEthelberht's, Hlothhere's, and Eadric's and Ine's laws, are popular legal customs that have received the stamp of royal authority by their insertion in official codes. On the other hand, from Withraed's and Alfred's laws downwards, the element of enactment by central authority becomes more and more prominent. The kings endeavour, with the help of secular and clerical witan, to introduce new rules and to break the power of long-standing customs (e.g. the precepts about the keeping of holidays, the enactments of Edmund restricting private vengeance, and the solidarity of kindreds as to feuds, and the like). There are, however, no outward signs enabling us to distinguish conclusively between both categories of laws in the codes, nor is it possible to draw a line between permanent laws and personal ordinances of single sovereigns, as has been attempted in the case of Frankish legislation. 3. Even in the course of a general survey of the legal lore at our disposal, one cannot help being struck by peculiarities in the distribution of legal subjects. Matters which seem to us of primary importance and occupy a wide place in our law-books are almost entirely absent in Anglo-Saxon laws or relegated to the background. While it is impossible to give here anything like a complete or exact survey of the field—a task rendered almost impossible by the arbitrary manner in which paragraphs are divided, by the difficulty of making Old English enactments fit into modern rubrics, and by the necessity of counting several times certain paragraphs bearing on different subjects—a brief statistical analysis of the contents of royal codes and laws may be found instructive. We find roughly 419 paragraphs devoted to criminal law and

*The Judicia civitatis Lundoniae are a gild statute confirmed b King Æthelstan. y

procedure as against 91 concerned with questions of private law and civil procedure. Of the criminal law clauses, as many as 238 are taken up with tariffs of fines, while 8o treat of capital and corporal punishment, outlawry and confiscation, and 101 include rules of procedure. On the private law side 18 clauses apply to rights of property and possession, 13 to succession and family law, 37 to contracts, including marriage when treated as an act of sale; 18 touch on civil procedure. A subject which attracted special attention was the law of status, and no less than 107 paragraphs contain disposition dictated by the wish to discriminate between the classes of society. Questions of public law and administration are discussed in 217 clauses, while 197 concern the Church in one way or another, apart from purely ecclesiastical collections. In the public law division it is chiefly the power, interests and privileges of the king that are dealt with, in roughly 93 paragraphs, while local administration comes in for 39 and purely economic and fiscal matter for 13 clauses. Police regulations are very much to the fore and occupy no less than 72 clauses of the royal legislation. As to church matters, the most prolific group is formed by general precepts based on religious and moral considerations, roughly 115, while secular privileges conferred on the Church hold about 62, and questions of organization some 20 clauses. The statistical contrasts are especially sharp and characteristic when we take into account the chronological sequence in the claboration of laws. Practically the entire code of Æthelberht, for instance, is a tariff of fines for crimes, and the same subject continues to occupy a great place in the laws of Hlothhere and Eadric, Ine and Alfred, whereas it appears only occasionally in the treaties with the Danes, the laws of Withraed, Edward the Elder, Æthelstan, Edgar, Edmund and Æthelred. It reappears in some strength in the code of Canute, but the latter is chiefly a recapitulation of former enactments. The system of “compositions” or fines, paid in many cases with the help of kinsmen, finds its natural place in the ancient, tribal period of English history and loses its vitality later on in consequence of the growth of central power and of the scattering of maegths. Royalty and the Church, when they acquire the lead in social life, work out a new penal system based on outlawry, death penalties and corporal punishments, which make their first appearance in the legislation of Withraed and culminate in that of AEthelred and Canute. As regards status, the most elaborate enactments fall into the period preceding the Danish settlements. After the treaties with the Danes, the tendency is to simplify distinctions on the lines of an opposition between twelvehynd-men and twyhyndmen, paving the way towards the feudal distinction between the free and the unfree. In the arrangements of the commonwealth the clauses treating of royal privileges are more or less evenly distributed over all reigns, but the systematic development of police functions, especially in regard to responsibility for crimes, the catching of thieves, the suppression of lawlessness, is mainly the object of 10th and 11th century legislation. The reign of AEthelred, which witnessed the greatest national humiliation and the greatest crime in English history, is also marked by the most lavish expressions of religious feeling and the most frequent appeals to morality. This sketch would, of course, have to be modified in many ways if we attempted to treat the unofficial fragments of customary law in the same way as the paragraphs of royal codes, and even more so if we were able to tabulate the indirect evidence as to legal rules. But, imperfect as such statistics may be, they give us at any rate some insight into the direction of governmental legislation. 4. The next question to be approached concerns the pedigree of Anglo-Saxon law and the latter's natural affinities. What is its position in the legal history of Germanic nations? How far has it been influenced by non-Germanic elements, especially by Roman and Canon law? The oldest Anglo-Saxon codes, especially the Kentish and the West Saxon ones, disclose a close relationship to the barbaric laws of Lower Germany—those of Saxons, Frisians, Thuringians. We find a division of social ranks which reminds us of the threefold gradation of Lower Germany (edelings, frilings, lazzen-eorls, ceorls, laets), and not of the twofold Frankish one (ingenui Franci, Romani), nor of the minute differentiation of the Upper Germans and Lombards. In subsequent history there is a good deal of resemblance between the capitularies' legislation of Charlemagne and his successors on one hand, the acts of Alfred, Edward the Elder, Æthelstan and Edgar on the other, a resemblance called forth less by direct borrowing of Frankish institutions than by the similarity of political problems and condition. Frankish law becomes a powerful modifying element in English legal history after the Conquest, when it was introduced wholesale in royal and in feudal courts. The Scandinavian invasions brought in many northern legal customs, especially in the districts thickly populated with Danes. The Domesday survey of Lincolnshire, Nottinghamshire, Yorkshire, Norfolk, &c., shows remarkable deviations in local organization and justice (lagmen, sokes), and great peculiarities as to status (socmen, freemen), while from laws and a few charters we can perceive some influence on criminal law (nidingsvacrk), special usages as to fines (lahslit), the keeping of peace, attestation and sureties of acts (faestermen), &c. But, on the whole, the introduction of Danish and Norse elements,apart from local cases, was more important owing to the conflicts and compromises it called forth and its social results, than on account of any distinct trail of Scandinavian views in English law. The Scandinavian newcomers coalesced easily and quickly with the native population. The direct influence of Roman law was not great during the Saxon period: we notice neither the transmission of important legal doctrines, chiefly through the medium of Visigothic codes, nor the continuous stream of Roman tradition in local usage. But indirectly Roman law did exert a by no means insignificant influence through the medium of the Church, which, for all its insular character, was still permeated with Roman ideas and forms of culture. The Old English “books” are derived in a roundabout way from Roman models, and the tribal law of real property was deeply modified by the introduction of individualistic notions as to ownership, donations, wills, rights of women, &c. Yet in this respect also the Norman Conquest increased the store of Roman conceptions by breaking the national isolation of the English Church and opening the way for closer intercourse with France and Italy. 5. It would be useless to attempt to trace in a brief sketch the history of the legal principles embodied in the documents of Anglo-Saxon law. But it may be of some value to give an outline of a few particularly characteristic subjects. (a) The Anglo-Saxon legal system cannot be understood unless one realizes the fundamental opposition between folk-right and privilege. Folk-right is the aggregate of rules, formulated or latent but susceptible of formulation, which can be appealed to as the expression of the juridical consciousness of the people at large or of the communities of which it is composed. It is tribal in its origin, and differentiated, not according to boundaries between states, but on national and provincial lines. There may be the folk-right of West and East Saxons, of East Angles, of Kentish men, Mercians, Northumbrians, Danes, Welshmen, and these main folk-right divisions remain even when tribal kingdoms disappear and the people is concentrated in one or two realms. The chief centres for the formulation and application of folkright were in the 10th and 11th centuries the shire-moots, while the witan of the realm generally placed themselves on the higher ground of State expediency, although occasionally using folkright ideas. The older law of real property, of succession, of contracts, the customary tariffs of fines, were mainly regulated by folk-right; the reeves employed by the king and great men were supposed to take care of local and rural affairs according to folk-right. The law had to be declared and applied by the people itself in its communities, while the spokesmen of the people were neither democratic majorities nor individual experts, but a few leading men-the twelve eldest thanes or some similar quorum. Folk-right could, however, be broken or modified by special law or special grant, and the fountain of such privileges was the royal power. Alterations and exceptions were, as a matter of

fact, suggested by the interested parties themselves, and chiefly by the Church. Thus a privileged land-tenure was createdbookland; the rules as to the succession of kinsmen were set at nought by concession of testamentary power and confirmations of grants and wills; special exemptions from the jurisdiction of the hundreds and special privileges as to levying fines were conferred. In process of time the rights originating in royal grants of privilege overbalanced, as it were, folk-right in many respects, and became themselves the starting-point of a new legal system—the feudal one. (b) Another feature of vital importance in the history of Anglo-Saxon law is its tendency towards the preservation of peace. Society is constantly struggling to ensure the main condition of its existence-peace. Already in AEthelberht's legislation we find characteristic fines inflicted for breach of the peace of householders of different ranks-the ceorl, the eorl, and the king himself appearing as the most exalted among them. Peace is considered not so much a state of equilibrium and friendly relations between partics, but rather as the rule of a third within a certain region—a house, an estate, a kingdom. This leads on one side to the recognition of private authorities —the father's in his family, the master's as to servants, the lord's as to his personal or territorial dependents. On the other hand, the tendency to maintain peace naturally takes its course towards the strongest ruler, the king, and we witness in Anglo-Saxon law the gradual evolution of more and more stringent and complete rules in respect of the king's peace and its infringements. (c) The more ancient documents of Anglo-Saxon law show us the individual not merely as the subject and citizen of a certain commonwealth, but also as a member of some group, all the fellows of which are closely allied in claims and responsibilities. The most elementary of these groups is the maegth, the association of agnatic and cognatic relations. Personal protection and revenge, oaths, marriage, wardship, succession, supervision over settlement, and good behaviour, are regulated by the law of kinship. A man's actions are considered not as exertions of his individual will, but as acts of the kindred, and all the fellows of the maegth are held responsible for them. What began as a natural alliance was used later as a means of enforcing responsibility and keeping lawless individuals in order. When the association of kinsmen failed, the voluntary associations-gilds -appeared as substitutes. The gild brothers associated in mutual defence and support, and they had to share in the payment of fines. The township and the hundred came also in for certain forms of collective responsibility, because they presented groups of people associated in their economic and legal interests, (d) In course of time the natural associations get loosened and intermixed, and this calls forth the elaborate police legislation of the later Anglo-Saxon kings. Regulations are issued about the sale of cattle in the presence of witnesses. Enactments about the pursuit of thieves, and the calling in of warrantors to justify sales of chattels, are other expressions of the difficulties attending peaceful intercourse. Personal surety appears as a complement of and substitute for collective responsibility. The hlaford and his hiredmen are an institution not only of private patronage, but also of police supervision for the sake of laying hands on malefactors and suspected persons. The landrica assumes the same part in a territorial district. Ultimately the laws of the 1oth and 11th centuries show the beginnings of the frankpledge associations, which came to act so important a part in the local police and administration of the feudal age. The points mentioned are not many, but, apart from their intrinsic importance in any system of law, they are, as it were, made prominent by the documents themselves, as they are constantly referred to in the latter. BiblioGRAphy.—Editions: Liebermann, Die Gesetze der Angelsachsen (1903, 1906) is indispensable, and leaves nothing to be desired as to the constitution of the texts. The translations and notes are, of course, to be considered in the light of an instructive,

but not final, commentary. ... R. Schmid, Gesetze der Angelsachsen (2nd ed., Leipzig, 1858) is still valuable on account of its handiness

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