Chapter 4

But during this age the chief addition to English jurisprudence was made by the crystallization of the chancellor’s equity. In the 17th century the chancery had a narrow escape of sharing the fate that befell its twin sister the starEquity.chamber. Its younger sister the court of requests perished under the persistent attacks of the common lawyers. Having outlived troubles, the chancery took to orderly habits, and administered under the name of “equity” a growing group of rules, which in fact were supplemental law. Stages in this process are marked by the chancellorships of Nottingham (1673-1675) and Hardwicke (1737-1756). Slowly a continuous series of Equity Reports began to flow, and still more slowly an “equity bar” began to form itself. The principal outlines of equity were drawn by men who were steeped in the common law. By way of ornament a Roman maxim might be borrowed from a French or Dutch expositor, or a phrase which smacked of that “nature-rightly” school which was dominating continental Europe; but the influence exercised by Roman law upon English equity has been the subject of gross exaggeration. Parliament and the old courts being what they were, perhaps it was only in a new court that the requisite new law could be evolved. The result was not altogether satisfactory. Freed from contact with the plain man in the jury-box, the chancellors were tempted to forget how plain and rough good law should be, and to screw up the legal standard of reasonable conduct to a height hardly attainable except by those whose purses could command the constant advice of a family solicitor. A court which started with theidea of doing summary justice for the poor became a court which did a highly refined, but tardy justice, suitable only to the rich.

About the middle of the century William Blackstone, then a disappointed barrister, began to give lectures on English law at Oxford (1758), and soon afterwards he began to publish (1765) hisCommentaries. Accurate enough in itsBlackstone.history and doctrine to be an invaluable guide to professional students and a useful aid to practitioners, his book set before the unprofessional public an artistic picture of the laws of England such as had never been drawn of any similar system. No nation but the English had so eminently readable a law-book, and it must be doubtful whether any other lawyer ever did more important work than was done by the first professor of English law. Over and over again theCommentarieswere edited, sometimes by distinguished men, and it is hardly too much to say that for nearly a century the English lawyer’s main ideas of the organization and articulation of the body of English law were controlled by Blackstone. This was far from all. The Tory lawyer little thought that he was giving law to colonies that were on the eve of a great and successful rebellion. Yet so it was. Out in America, where books were few and lawyers had a mighty task to perform, Blackstone’s facile presentment of the law of the mother country was of inestimable value. It has been said that among American lawyers theCommentaries“stood for the law of England,” and this at a time when the American daughter of English law was rapidly growing in stature, and was preparing herself for her destined march from the Atlantic to the Pacific Ocean. Excising only what seemed to savour of oligarchy, those who had defied King George retained with marvellous tenacity the law of their forefathers. Profound discussions of English medieval law have been heard in American courts; admirable researches into the recesses of the Year-Books have been made in American law schools; the names of the great American judges are familiar in an England which knows little indeed of foreign jurists; and the debt due for the loan of Blackstone’sCommentariesis being fast repaid. Lectures on the common law delivered by Mr Justice Holmes of the Supreme Court of the United States may even have begun to turn the scale against the old country. No chapter in Blackstone’s book nowadays seems more antiquated than that which describes the modest territorial limits of that English law which was soon to spread throughout Australia and New Zealand and to follow the dominant race in India.

Long wars, vast economic changes and the conservatism generated by the French Revolution piled up a monstrous arrear of work for the English legislature. Meanwhile, Jeremy Bentham (d. 1832) had laboured for the overthrowBentham.of much that Blackstone had lauded. Bentham’s largest projects of destruction and reconstruction took but little effect. Profoundly convinced of the fungibility and pliability of mankind, he was but too ready to draw a code for England or Spain or Russia at the shortest notice; and, scornful as he was of the past and its historic deposit, a code drawn by Bentham would have been a sorry failure. On the other hand, as a critic and derider of the system which Blackstone had complacently expounded he did excellent service. Reform, and radical reform, was indeed sadly needed throughout a system which was encumbered by noxious rubbish, the useless leavings of the middle ages: trial by battle and compurgation, deodands and benefit of clergy, John Doe and Richard Roe. It is perhaps the main fault of “judge-made law” (to use Bentham’s phrase) that its destructive work can never be cleanly done. Of all vitality, and therefore of all patent harmfulness, the old rule can be deprived, but the moribund husk must remain in the system doing latent mischief. English law was full of decaying husks when Bentham attacked it, and his persistent demand for reasons could not be answered. At length a general interest in “law reform” was excited; Romilly and Brougham were inspired by Bentham, and the great changes in constitutional law which cluster round the Reform Act of 1832 were accompanied by many measures which purged the private, procedural and criminal law of much, though hardly enough, of the medieval dross. Some credit for rousing an interest in law, in definitions of legal terms, and in schemes of codification, is due to John Austin (d. 1859) who was regarded as the jurist of the reforming and utilitarian group. But, though he was at times an acute dissector of confused thought, he was too ignorant of the English, the Roman and every other system of law to make any considerable addition to the sum of knowledge; and when Savigny, the herald of evolution, was already in the field, the day for a “Nature-Right”—and Austin’s projected “general jurisprudence” would have been a Nature-Right—was past beyond recall. The obsolescence of the map of law which Blackstone had inherited from Hale, and in which many outlines were drawn by medieval formulas, left intelligent English lawyers without a guide, and they were willing to listen for a while to what in their insularity they thought to be the voice of cosmopolitan science. Little came of it all. The revived study of Germanic law in Germany, which was just beginning in Austin’s day, seems to be showing that the scheme of Roman jurisprudence is not the scheme into which English law will run without distortion.

In the latter half of the 19th century some great and wise changes were made by the legislature. Notably in 1875 the old courts were merged in a new Supreme Court of Judicature, and a concurrent administration of law andRecent changes.equity was introduced. Successful endeavours have been made also to reduce the bulk of old statute law, and to improve the form of acts of parliament; but the emergence of new forces whose nature may be suggested by some such names as “socialism” and “imperialism” has distracted the attention of the British parliament from the commonplace law of the land, and the development of obstructive tactics has caused the issue of too many statutes whose brevity was purchased by disgraceful obscurity. By way of “partial codification” some branches of the common law (bills of exchange, sale of goods, partnership) have been skilfully stated in statutes, but a draft criminal code, upon which much expert labour was expended, lies pigeon-holed and almost forgotten. British India has been the scene of some large legislative exploits, and in America a few big experiments have been made in the way of code-making, but have given little satisfaction to the bulk of those who are competent to appreciate their results. In England there are large portions of the law which, in their present condition, no one would think of codifying: notably the law of real property, in which may still be found numerous hurtful relics of bygone centuries. So omnipresent are statutes throughout the whole field of jurisprudence that the opportunity of doing any great feat in the development of law can come but seldom to a modern court. More and more, therefore, the fate of English law depends on the will of parliament, or rather of the ministry. The quality of legal text-books has steadily improved; some of them are models of clear statement and good arrangement; but no one has with any success aspired to be the Blackstone of a new age.

The Council of Law Reporting was formed in the year 1863. The council now consists of threeex-officiomembers—the attorney-general, the solicitor-general and the president of the Incorporated Law Society, and ten membersLaw reporting.appointed by the three Inns of Court, the Incorporated Law Society and the council itself on the nomination of the general council of the bar. The practitioner and the student now get for a subscription of four guineas a year the reports in all the superior courts and the House of Lords, and the judicial committee of the privy council issued in monthly parts a king’s printer’s copy of the statutes, and weekly notes, containing short notes of current decisions and announcements of all new rules made under the Judicature Acts and other acts of parliament, and other legal information. In addition the subscriber receives the chronological index of the statutes published from time to time by the Stationery Office, and last, but not least, the Digests of decided cases published by the council from time to time. In 1892 a Digest was published containing the cases and statutes for twenty-five years, from 1865 to 1890, and this was supplemented by one for the succeeding ten years, from 1891 to 1900. The digesting is now carried on continuously by meansof “Current Indexes,” which are published monthly and annually, and consolidated into a digest at stated intervals (say) of five years. The Indian appeals series, which is not required by the general practitioner, is supplied separately at one guinea a year.

In the 16th and 17th centuries the corporate life of the Inns of Court in London became less and less active. The general decay of the organization of crafts and gilds showed itself among lawyers as among other craftsmen.Legal education.Successful barristers, sharing in the general prosperity of the country, became less and less able and willing to devote their time to the welfare of their profession as a whole. The Inns of Chancery, though some of their buildings still remain—picturesque survivals in their “suburbs”—ceased to be used as places for the education of students. The benchers of the Inns of Court, until the revival towards the middle of the 19th century, had wholly ceased to concern themselves with the systematic teaching of law. The modern system of legal education may be said to date from the establishment, in 1852, of the council of legal education, a body of twenty judges and barristers appointed by the four Inns of Court to control the legal education of students preparing to be called to the bar. The most important feature is the examination which a student must pass before he can be called. The examination (which by degrees has been made “stiffer”) serves the double purpose of fixing the compulsory standard which all must reach, and of guiding the reading of students who may desire, sooner or later, to carry their studies beyond this standard. The subjects in which the examination is held are divided into Roman law; Constitutional law and legal history; Evidence, Procedure and Criminal law; Real and Personal Property; Equity; and Common law. The council of legal education also appoint a body of readers and assistant readers, practising barristers, who deliver lectures and hold classes.

Meanwhile the custom remains by which a student reads for a year or more as a pupil in the chambers of some practising barrister. In the 18th century it first became usual for students to read with a solicitor or attorney, and after a short time the modern practice grew up of reading in the chambers of a conveyancer, equity draftsman or special pleader, or, in more recent times, in the chambers of a junior barrister. Before the modern examination system, a student required to have a certificate from the barrister in whose chambers he had been a pupil before he could be “called,” but the only relic of the old system now is the necessity of “eating dinners,” six (three for university men) in each of the four terms for three years, at one of the Inns of Court.

The education of solicitors suffered from the absence of any professional organization until the Incorporated Law Society was established in 1825 and the following years. So far as any professional education is provided for solicitors or required from them, this is due to the efforts of the Law Society. As early as 1729 it was required by statute that any person applying for admission as attorney or solicitor should submit to examination by one of the judges, who was to test his fitness and capacity in consideration of a fee of one shilling. At the same time regular preliminary service under articles was required, that is to say, under a contract by which the clerk was bound to serve for five years. The examination soon became, perhaps always was, an empty form. The Law Society, however, soon showed zeal for the education of future solicitors. In 1833 lectures were instituted. In 1836 the first regular examinations were established, and in 1860 the present system of examinations—preliminary, intermediate and final—came into effect. Of these only the last two are devoted to law, and both are of a strictly professional character. The final examination is a fairly severe test of practical acquaintance with all branches of modern English law. The Law Society makes some provision for the teaching of students, but this teaching is designed solely to assist in preparation for the examinations.

At the universities of Oxford and Cambridge there has, since 1850, been an attempt to promote the study of law. The curriculum of legal subjects in which lectures are given and examinations held is calculated to give a student a sound fundamental knowledge of general principles, as well as an elementary acquaintance with the rules of modern English law. Jurisprudence, Roman law, Constitutional law and International law are taught, as well as the law of Real and Personal Property, the Law of Contract and Tort, Criminal law, Procedure and Evidence. But the law tripos and the law schools suffer from remoteness from the law courts, and from the exclusively academical character of the teaching. Law is also taught, though not on a very large scale, at Manchester and at Liverpool. London University has encouraged the study of law by its examinations for law degrees, at which a comparatively high standard of knowledge is required; and at University College, London, and King’s College, London, teaching is given in law and jurisprudence.

Authorities.—F. Liebermann,Die Gesetze der Angelsachsen(1898); K.E. Digby,History of the Law of Real Property; Sir W. Dugdale,Origines juridicales(1671); O.W. Holmes,The Common Law(Boston, 1881); H. Hallam,Constitutional History; W.S. Holdsworth,History of English Law, 3 vols. (1903-9); J. Reeves,History of English Law, ed. W.F. Finlason (1869); T. Madox,History and Antiquities of the Exchequer(1769); C. de Franqueville,Le Système judiciaire de la Grande-Bretagne(Paris, 1893); Sir F. Pollock and F.W. Maitland,History of English Law(2 vols., 1898); H. Brunner,The Sources of the Law of England, trans. by W. Hastie (1888); Sir R.K. Wilson,History of Modern English Law(1875); A.V. Dicey,Law and Public Opinion in England(1905); Sir J.F. Stephen,History of the Criminal Law of England(3 vols., 1883); W. Stubbs,Select Charters, Constitutional History; the Publications of the Selden Society and the Year Books in the Rolls Series.

Authorities.—F. Liebermann,Die Gesetze der Angelsachsen(1898); K.E. Digby,History of the Law of Real Property; Sir W. Dugdale,Origines juridicales(1671); O.W. Holmes,The Common Law(Boston, 1881); H. Hallam,Constitutional History; W.S. Holdsworth,History of English Law, 3 vols. (1903-9); J. Reeves,History of English Law, ed. W.F. Finlason (1869); T. Madox,History and Antiquities of the Exchequer(1769); C. de Franqueville,Le Système judiciaire de la Grande-Bretagne(Paris, 1893); Sir F. Pollock and F.W. Maitland,History of English Law(2 vols., 1898); H. Brunner,The Sources of the Law of England, trans. by W. Hastie (1888); Sir R.K. Wilson,History of Modern English Law(1875); A.V. Dicey,Law and Public Opinion in England(1905); Sir J.F. Stephen,History of the Criminal Law of England(3 vols., 1883); W. Stubbs,Select Charters, Constitutional History; the Publications of the Selden Society and the Year Books in the Rolls Series.

(F. W. M.)

ENGLISH LITERATURE.The following discussion of the evolution of English literature,i.e.of the contribution to literature made in the course of ages by the writers of England, is planned so as to give a comprehensive view, the details as to particular authors and their work, and special consideration of the greater writers, being given in the separate articles devoted to them. It is divided into the following sections: (1) Earliest times to Chaucer; (2) Chaucer to the end of the middle ages; (3) Elizabethan times; (4) the Restoration period; (5) the Eighteenth century; (6) the Nineteenth century. The object of these sections is to form connecting links among the successive literary ages, leaving the separate articles on individual great writers to deal with their special interest; attention being paid in the main to the gradually developing characteristics of the product, quâ literary. The precise delimitation of what may narrowly be called “English” literature,i.e.in the English language, is perhaps impossible, and separate articles are devoted to American literature (q.v.), and to the vernacular literatures of Scotland (seeScotland; andCelt:Literature), Ireland (seeCelt:Literature), and Wales (seeCelt:Literature); see alsoCanada:Literature. Reference may also be made to such general articles on particular forms asNovel;Romance;Verse, &c.

I. Earliest Times to Chaucer

English literature, in the etymological sense of the word, had, so far as we know, no existence until Christian times. There is no evidence either that the heathen English had adopted the Roman alphabet, or that they had learned to employ their native monumental script (the runes) on materials suitable for the writing of continuous compositions of considerable length.

It is, however, certain that in the pre-literary period at least one species of poetic art had attained a high degree of development, and that an extensive body of poetry was handed down—not, indeed, with absolute fixity of form or substance—from generation to generation. This unwritten poetry was the work of minstrels who found their audiences in the halls of kings and nobles. Its themes were the exploits of heroes belonging to the royal houses of Germanic Europe, with which its listeners claimed kinship. Its metre was the alliterative long line, the lax rhythm of which shows that it was intended, not to be sung to regular melodies, but to be recited—probably with some kind of instrumental accompaniment. Of its beauty and power we may judge from the best passages inBeowulf(q.v.); for there can be littledoubt that this poem gained nothing and lost much in the process of literary redaction.

The conversion of the people to Christianity necessarily involved the decline of the minstrelsy that celebrated the glories of heathen times. Yet the descendants of Woden, even when they were devout Christians, would not easily lose all interest in the achievements of their kindred of former days. Chaucer’s knowledge of “the song of Wade” is one proof among others that even so late as the 14th century the deeds of Germanic heroes had not ceased to be recited in minstrel verse. The paucity of the extant remains of Old English heroic poetry is no argument to the contrary. The wonder is that any of it has survived at all. We may well believe that the professional reciter would, as a rule, be jealous of any attempt to commit to writing the poems which he had received by tradition or had himself composed. The clergy, to whom we owe the writing and the preservation of the Old English MSS., would only in rare instances be keenly interested in secular poetry. We possess, in fact, portions of four narrative poems, treating of heroic legend—Beowulf,Widsith,FinnesburhandWaldere. The second of these has no poetical merit, but great archaeological interest. It is an enumeration of the famous kings known to German tradition, put into the mouth of a minstrel (named Widsith, “far-travelled”), who claims to have been at many of their courts and to have been rewarded by them for his song. The list includes historical persons such as Ermanaric and Alboin, who really lived centuries apart, but (with the usual chronological vagueness of tradition) are treated as contemporaries. The extant fragment ofFinnesburh(50 lines) is a brilliant battle piece, belonging to a story of which another part is introduced episodically inBeowulf.Waldere, of which we have two fragments (together 68 lines) is concerned with Frankish and Burgundian traditions based on events of the 5th century; the hero is the “Waltharius” of Ekkehart’s famous Latin epic. The English poem may possibly be rather a literary composition than a genuine example of minstrel poetry, but the portions that have survived are hardly inferior to the best passages ofBeowulf.

It may reasonably be assumed that the same minstrels who entertained the English kings and nobles with the recital of ancient heroic traditions would also celebrate in verse the martial deeds of their own patrons and their immediate ancestors. Probably there may have existed an abundance of poetry commemorative of events in the conquest of Britain and the struggle with the Danes. Two examples only have survived, both belonging to the 10th century: TheBattle of Brunanburh, which has been greatly over-praised by critics who were unaware that its striking phrases and compounds are mere traditional echoes; and theBattle of Maldon, the work of a truly great poet, of which unhappily only a fragment has been preserved.

One of the marvels of history is the rapidity and thoroughness with which Christian civilization was adopted by the English. Augustine landed in 597; forty years later was born an Englishman, Aldhelm, who in the judgment of his contemporaries throughout the Christian world was the most accomplished scholar and the finest Latin writer of his time. In the next generation England produced in Bede (Bæda) a man who in solidity and variety of knowledge, and in literary power, had for centuries no rival in Europe. Aldhelm and Bede are known to us only from their Latin writings, though the former is recorded to have written vernacular poetry of great merit. The extant Old English literature is almost entirely Christian, for the poems that belong to an earlier period have been expurgated and interpolated in a Christian sense. From the writings that have survived, it would seem as if men strove to forget that England had ever been heathen. The four deities whose names are attached to the days of the week are hardly mentioned at all. The names Thunor and Tiw are sometimes used to translate the Latin Jupiter and Mars; Woden has his place (but not as a god) in the genealogies of the kings, and his name occurs once in a magical poem, but that is all. Bede, as a historian, is obliged to tell the story of the conversion; but the only native divinities he mentions are the goddesses Hrēth and Eostre, and all we learn about them is that they gave their names to Hrēthemōnath (March) and Easter. That superstitious practices of heathen origin long survived among the people is shown by the acts of church councils and by a few poems of a magical nature that have been preserved; but, so far as can be discovered, the definite worship of the ancient gods quickly died out. English heathenism perished without leaving a record.

The Old English religious poetry was written, probably without exception, in the cloister, and by men who were familiar with the Bible and with Latin devotional literature. Setting aside the wonderfulDream of the Rood, it gives little evidence of high poetic genius, though much of it is marked by a degree of culture and refinement that we should hardly have expected. Its material and thought are mainly derived from Latin sources; its expression is imitated from the native heroic poetry. Considering that a great deal of Latin verse was written by Englishmen in the 7th and succeeding centuries, and that in one or two poems the line is actually composed of an English and a Latin hemistich rhyming together, it seems strange that the Latin influence on Old English versification should have been so small. The alliterative long line is throughout the only metre employed, and although the laws of alliteration and rhythm were less rigorously obeyed in the later than in the earlier poetry, there is no trace of approximation to the structure of Latin verse. It is true that, owing to imitation of the Latin hymns of the church, rhyme came gradually to be more and more frequently used as an ornament of Old English verse; but it remained an ornament only, and never became an essential feature. The only poem in which rhyme is employed throughout is one in which sense is so completely sacrificed to sound that a translation would hardly be possible. It was not only in metrical respects that the Old English religious poetry remained faithful to its native models. The imagery and the diction are mainly those of the old heroic poetry, and in some of the poems Christ and the saints are presented, often very incongruously, under the aspect of Germanic warriors. Nearly all the religious poetry that has any considerable religious value seems to have been written in Northumbria during the 8th century. The remarkably vigorous poem ofJudith, however, is certainly much later; and theExodus, though early, seems to be of southern origin. For a detailed account of the Old English sacred poetry, the reader is referred to the articles onCædmonandCynewulf, to one or other of whom nearly every one of the poems, except those of obviously late date, has at some time been attributed.

The Riddles (q.v.) of the Exeter Book resemble the religious poetry in being the work of scholars, but they bear much more decidedly the impress of the native English character. Some of them rank among the most artistic and pleasing productions of Old English poetry. The Exeter Book contains also several pieces of a gnomic character, conveying proverbial instruction in morality and worldly wisdom. Their morality is Christian, but it is not unlikely that some of the wise sayings they contain may have come down by tradition from heathen times. The very curiousDialogue of Solomon and Saturnmay be regarded as belonging to the same class.

The most original and interesting portion of the Old English literary poetry is the group of dramatic monologues—The Banished Wife’s Complaint,The Husband’s Message,The Wanderer,The Seafarer,DeorandWulf and Eadwacer. The date of these compositions is uncertain, though their occurrence in the Exeter Book shows that they cannot be later than the 10th century. That they are all of one period is at least unlikely, but they are all marked by the same peculiar tone of pathos. The monodramatic form renders it difficult to obtain a clear idea of the situation of the supposed speakers. It is not improbable that most of these poems may relate to incidents of heroic legend, with which the original readers were presumed to be acquainted. This, however, can be definitely affirmed only in the case of the two short pieces—DeorandWulf and Eadwacer—which have something of a lyric character, being the only examples in Old English of strophic structure and the use of the refrain.Wulf and Eadwacer, indeed, exhibits a still furtherdevelopment in the same direction, the monotony of the long line metre being varied by the admission of short lines formed by the suppression of the second hemistich. The highly developed art displayed in this remarkable poem gives reason for believing that the existing remains of Old English poetry very inadequately represent its extent and variety.

While the origins of English poetry go back to heathen times, English prose may be said to have had its effective beginning in the reign of Alfred. It is of course true that vernacular prose of some kind was written much earlier. The English laws of Æthelberht of Kent, though it is perhaps unlikely that they were written down, as is commonly supposed, in the lifetime of Augustine (diedA.D.604), or even in that of the king (d. 616), were well known to Bede; and even in the 12th-century transcript that has come down to us, their crude and elliptical style gives evidence of their high antiquity. Later kings of Kent and of Wessex followed the example of publishing their laws in the native tongue. Bede is known to have translated the beginning of the gospel of John (down to vi. 9). The early part of the Anglo-Saxon Chronicle (q.v.) is probably founded partly on prose annals of pre-Alfredian date. But although the amount of English prose written between the beginning of the 7th and the middle of the 9th century may have been considerable, Latin continued to be regarded as the appropriate vehicle for works of any literary pretension. If the English clergy had retained the scholarship which they possessed in the days of Aldhelm and Bede, the creation of a vernacular prose literature would probably have been longer delayed; for while Alfred certainly was not indifferent to the need of the laity for instruction, the evil that he was chiefly concerned to combat was the ignorance of their spiritual guides.

Of the works translated by him and the scholars whom he employed,St Gregory’s Pastoral Careand hisDialogues(the latter rendered by Bishop Werferth) are expressly addressed to the priesthood; if the other translations were intended for a wider circle of readers, they are all (not excepting the secularHistory of Orosius) essentially religious in purpose and spirit. In the interesting preface to thePastoral Care, in the important accounts of Northern lands and peoples inserted in theOrosius, and in the free rendering and amplification of theConsolationof Boethius and of theSoliloquiesof Augustine, Alfred appears as an original writer. Other fruits of his activity are his Laws (preceded by a collection of those of his 7th-century predecessor, Ine of Wessex), and the beginnings of the Anglo-Saxon Chronicle. The Old English prose after Alfred is entirely of clerical authorship; even the Laws, so far as their literary form is concerned, are hardly to be regarded as an exception. Apart from the Chronicle (seeAnglo-Saxon Chronicle), the bulk of this literature consists of translations from Latin and of homilies and saints’ lives, the substance of which is derived from sources mostly accessible to us in their original form; it has therefore for us little importance except from the philological point of view. This remark may be applied, in the main, even to the writings of Ælfric, notwithstanding the great interest which attaches to his brilliant achievement in the development of the capacities of the native language for literary expression. The translation of the gospels, though executed in Ælfric’s time (about 1000), is by other hands. The sermons of his younger contemporary, Archbishop Wulfstan, are marked by earnestness and eloquence, and contain some passages of historical value.

From the early years of the 11th century we possess an encyclopaedic manual of the science of the time—chronology, astronomy, arithmetic, metre, rhetoric and ethics—by the monk Byrhtferth, a pupil of Abbo of Fleury. It is a compilation, but executed with intelligence. The numerous works on medicine, the properties of herbs, and the like, are in the main composed of selections from Latin treatises; so far as they are original, they illustrate the history of superstition rather than that of science. It is interesting to observe that they contain one or two formulas of incantations in Irish.

Two famous works of fiction, the romance ofApollonius of Tyreand theLetter of Alexander, which in their Latin form had much influence on the later literature of Europe, were Englished in the 11th century with considerable skill. To the same period belongs the curious tract onThe Wonders of the East. In these works, and some minor productions of the time, we see that the minds of Englishmen were beginning to find interest in other than religious subjects.

The crowding of the English monasteries by foreigners, which was one of the results of the Norman Conquest, brought about a rapid arrest of the development of the vernacular literature. It was not long before the boys trained in the monastic schools ceased to learn to read and write their native tongue, and learned instead to read and write French. The effects of this change are visible in the rapid alteration of the literary language. The artificial tradition of grammatical correctness lost its hold; the archaic literary vocabulary fell into disuse; and those who wrote English at all wrote as they spoke, using more and more an extemporized phonetic spelling based largely on French analogies. The 12th century is a brilliant period in the history of Anglo-Latin literature, and many works of merit were written in French (seeAnglo-Norman). But vernacular literature is scanty and of little originality. ThePeterborough Chronicle, it is true, was continued till 1154, and its later portions, while markedly exemplifying the changes in the language, contain some really admirable writing. But it is substantially correct to say that from this point until the age of Chaucer vernacular prose served no other purpose than that of popular religious edification. For light on the intellectual life of the nation during this period we must look mainly to the works written in Latin. The homilies of the 12th century are partly modernized transcripts from Ælfric and other older writers, partly translations from French and Latin; the remainder is mostly commonplace in substance and clumsy in expression. At the beginning of the 13th century theAncren Riwle(q.v.), a book of counsel for nuns, shows true literary genius, and is singularly interesting in its substance and spirit; but notwithstanding the author’s remarkable mastery of English expression, his culture was evidently French rather than English. Some minor religious prose works of the same period are not without merit. But these examples had no literary following. In the early 14th century the writings of Richard Rolle and his school attained great popularity. The profound influence which they exercised on later religious thought, and on the development of prose style, has seldom been adequately recognized. TheAyenbite of Inwyt(seeMichel, Dan), a wretchedly unintelligent translation (finished in 1340) from Frère Lorens’sSomme des vices et des vertus, is valuable to the student of language, but otherwise worthless.

The break in the continuity of literary tradition, induced by the Conquest, was no less complete with regard to poetry than with regard to prose. The poetry of the 13th and the latter part of the 12th century was uninfluenced by the written works of Old English poets, whose archaic diction had to a great extent become unintelligible. But there is no ground to suppose that the succession of popular singers and reciters was ever interrupted. In the north-west, indeed, the old recitative metre seems to have survived in oral tradition, with little more alteration than was rendered necessary by the changes in the language, until the middle of the 14th century, when it was again adopted by literary versifiers. In the south this metre had greatly degenerated in strictness before the Conquest, but, with gradually increasing laxity in the laws of alliteration and rhythm, it continued long in use. It is commonly believed, with great intrinsic probability but with scanty actual evidence, that in the Old English period there existed, beside the alliterative long line, other forms of verse adapted not for recitation but for singing, used in popular lyrics and ballads that were deemed too trivial for written record. The influence of native popular poetic tradition, whether in the form of recited or of sung verse, is clearly discernible in the earliest Middle English poems that have been preserved. But the authors of these poems were familiar with Latin, and probably spoke French as easily as their mother tongue; and there was no longer any literary convention to restrain them from adopting foreign metrical forms. Theartless verses of the hermit Godric, who died in 1170, exhibit in their metre the combined influence of native rhythm and of that of Latin hymnology. TheProverbs of Alfred, written about 1200, is (like the laterProverbs of Hendyng) in style and substance a gnomic poem of the ancient Germanic type, containing maxims some of which may be of immemorial antiquity; and its rhythm is mainly of native origin. On the other hand, the solemn and touching meditation known as theMoral Ode, which is somewhat earlier in date, is in a metre derived from contemporary Latin verse—a line of seven accents, broken by a caesura, and with feminine end-rhymes. In theOrmulum(seeOrm) this metre (known as the septenarius) appears without rhyme, and with a syllabic regularity previously without example in English verse, the line (or distich, as it may be called with almost equal propriety) having invariably fifteen syllables. In various modified forms, the septenarius was a favourite measure throughout the Middle English period. In the poetry of the 13th century the influence of French models is conspicuous. The many devotional lyrics, some of which, as theLuve Ronof Thomas of Hales, have great beauty, show this influence not only in their varied metrical form, but also in their peculiar mystical tenderness and fervour. TheStory of Genesis and Exodus, the substance of which is taken from the Bible and Latin commentators, derives its metre chiefly from French. Its poetical merit is very small. The secular poetry also received a new impulse from France. The brilliant and sprightly dialogue of theOwl and Nightingale, which can hardly be dated later than about 1230, is a “contention” of the type familiar in French and Provençal literature. The “Gallic” type of humour may be seen in various other writings of this period, notably in theLand of Cockaigne, a vivacious satire on monastic self-indulgence, and in the fabliau ofDame Siviz, a story of Eastern origin, told with almost Chaucerian skill. Predominantly, though not exclusively French in metrical structure, are the charming love poems collected in a MS. (Harl. 2253) written about 1320 in Herefordshire, some of which (edited in T. Wright’sSpecimens of Lyric Poetry) find a place in modern popular anthologies. It is noteworthy that they are accompanied by some French lyrics very similar in style. The same MS. contains, besides some religious poetry, a number of political songs of the time of Edward II. They are not quite the earliest examples of their kind; in the time of the Barons’ War the popular cause had had its singers in English as well as in French. Later, the victories of Edward III. down to the taking of Guisnes in 1352, were celebrated by the Yorkshireman Laurence Minot in alliterative verse with strophic arrangement and rhyme.

At the very beginning of the 13th century a new species of composition, the metrical chronicle, was introduced into English literature. The huge work of Layamon, a history (mainly legendary) of Britain from the time of the mythical Brutus till after the mission of Augustine, is a free rendering of the Norman-FrenchBrutof Wace, with extensive additions from traditional sources. Its metre seems to be a degenerate survival of the Old English alliterative line, gradually modified in the course of the work by assimilation to the regular syllabic measure of the French original. Unquestionable evidence of the knowledge of the poem on the part of later writers is scarce, but distinct echoes of its diction appear in the chronicle ascribed to Robert of Gloucester, written in rhymed septenary measures about 1300. This work, founded in its earlier part on the Latin historians of the 12th century, is an independent historical source of some value for the events of the writer’s own times. The succession of versified histories of England was continued by Thomas Bek of Castleford in Yorkshire (whose work still awaits an editor), and by Robert Mannyng of Brunne (Bourne, Lincolnshire). Mannyng’s chronicle, finished in 1338, is a translation, in its earlier part from Wace’sBrut, and in its later part from an Anglo-French chronicle (still extant) written by Peter Langtoft, canon of Bridlington.

Not far from the year 1300 (for the most part probably earlier rather than later) a vast mass of hagiological and homiletic verse was produced in divers parts of England. To Gloucester belongs an extensive series of Lives of Saints, metrically and linguistically closely resembling Robert of Gloucester’s Chronicle, and perhaps wholly or in part of the same authorship. A similar collection was written in the north of England, as well as a large body of homilies showing considerable poetic skill, and abounding in exempla or illustrative stories. Ofexemplaseveral prose collections had already been made in Anglo-French, and William of Wadington’s poemManuel des péchés, which contains a great number of them, was translated in 1303 by Robert Mannyng already mentioned, with some enlargement of the anecdotic element, and frequent omissions of didactic passages. The great rhyming chronicle of Scripture history entitledCursor Mundi(q.v.) was written in the north about this time. It was extensively read and transcribed, and exercised a powerful influence on later writers down to the end of the 14th century. The remaining homiletic verse of this period is too abundant to be referred to in detail; it will be enough to mention the sermons of William of Shoreham, written in strophic form, but showing little either of metrical skill or poetic feeling. To the next generation belongs thePricke of Conscienceby Richard Rolle, the influence of which was not less powerful than that of the author’s prose writings.

Romantic poetry, which in French had been extensively cultivated, both on the continent and in England from the early years of the 12th century, did not assume a vernacular form till about 1250. In the next hundred years its development was marvellously rapid. Of the vast mass of metrical romances produced during this period no detailed account need here be attempted (seeRomance, and articles, &c. referred to;Arthurian Romance). Native English traditions form the basis ofKing Horn,Guy of Warwick,Bevis of HamtounandHavelok, though the stories were first put into literary form by Anglo-Norman poets. The popularity of these home-grown tales (with which may be classed the wildly fictitiousCoer de Lion) was soon rivalled by that of importations from France. The English rendering ofFloris and Blancheflur(a love-romance of Greek origin) is found in the same MS. that contains the earliest copy ofKing Horn. Before the end of the century, the French “matter of Britain” was represented in English by the SouthernArthur and Merlinand the NorthernTristramandYvaine and Gawin, the “matter of France” byRoland and VernaguandOtuel; theAlexanderwas also translated, but in this instance the immediate original was an Anglo-French and not a continental poem. The tale of Troy did not come into English till long afterwards. The Auchinleck MS., written about 1330, contains no fewer than 14 poetical romances; there were many others in circulation, and the number continued to grow. About the middle of the 14th century, the Old English alliterative long line, which for centuries had been used only in unwritten minstrel poetry, emerges again in literature. One of the earliest poems in this revived measure,Wynnere and Wastour, written in 1352, is by a professional reciter-poet, who complains bitterly that original minstrel poetry no longer finds a welcome in the halls of great nobles, who prefer to listen to those who recite verses not of their own making. About the same date the metre began to be employed by men of letters for the translation of romance—William of PalerneandJoseph of Arimatheafrom the French,Alexanderfrom Latin prose. The later development of alliterative poetry belongs mainly to the age of Chaucer.

The extent and character of the literature produced during the first half of the 14th century indicate that the literary use of the native tongue was no longer, as in the preceding age, a mere condescension to the needs of the common people. The rapid disuse of French as the ordinary medium of intercourse among the middle and higher ranks of society, and the consequent substitution of English for French as the vehicle of school instruction, created a widespread demand for vernacular reading. The literature which arose in answer to this demand, though it consisted mainly of translations or adaptations of foreign works, yet served to develop the appreciation of poetic beauty, and to prepare an audience in the near future for a poetry in which the genuine thought and feeling of the nation were to find expression.

Bibliography.—Only general works need be mentioned here. Those cited contain lists of books for more detailed information. (1) For the literature from the beginnings to Chaucer:—B. ten Brink,Geschichte der englischen Litteratur, vol. i. 2nd ed., by A. Brandl (Strassburg, 1899) (English translation from the 1st ed. of 1877, by H.M. Kennedy, London, 1883);The Cambridge History of English Literature, vol. i. (1907). (2) For the Old English period:—R. Wülker,Grundriss zur Geschichte der angelsachsischen Litteratur(Leipzig, 1885); Stopford A. Brooke,English Literature from the Beginning to the Norman Conquest(London, 1898); A. Brandl, “Altenglische Litteratur,” in H. Paul’sGrundriss der germanischen Philologie, vol. ii. (2nd ed., Strassburg, 1908). (3) For the early Middle English Period:—H. Morley,English Writers, vol. iii. (London, 1888; vols. i. and ii., dealing with the Old English period, cannot be recommended); A. Brandl, “Mittelenglische Litteratur,” in H. Paul’sGrundriss der germanischen Philologie, vol. ii. (1st ed., Strassburg, 1893); W.H. Schofield,English Literature from the Norman Conquest to Chaucer(London, 1906).

Bibliography.—Only general works need be mentioned here. Those cited contain lists of books for more detailed information. (1) For the literature from the beginnings to Chaucer:—B. ten Brink,Geschichte der englischen Litteratur, vol. i. 2nd ed., by A. Brandl (Strassburg, 1899) (English translation from the 1st ed. of 1877, by H.M. Kennedy, London, 1883);The Cambridge History of English Literature, vol. i. (1907). (2) For the Old English period:—R. Wülker,Grundriss zur Geschichte der angelsachsischen Litteratur(Leipzig, 1885); Stopford A. Brooke,English Literature from the Beginning to the Norman Conquest(London, 1898); A. Brandl, “Altenglische Litteratur,” in H. Paul’sGrundriss der germanischen Philologie, vol. ii. (2nd ed., Strassburg, 1908). (3) For the early Middle English Period:—H. Morley,English Writers, vol. iii. (London, 1888; vols. i. and ii., dealing with the Old English period, cannot be recommended); A. Brandl, “Mittelenglische Litteratur,” in H. Paul’sGrundriss der germanischen Philologie, vol. ii. (1st ed., Strassburg, 1893); W.H. Schofield,English Literature from the Norman Conquest to Chaucer(London, 1906).


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