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 (see [Scotland]; and [Celt]: Literature), Ireland (see [Celt]: Literature), and Wales (see [Celt]: Literature); see also [Canada]: Literature. Reference may also be made to such general articles on particular forms as [Novel]; [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 in Beowulf (q.v.); for there can be little doubt 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, Finnesburh and Waldere. 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 of Finnesburh (50 lines) is a brilliant battle piece, belonging to a story of which another part is introduced episodically in Beowulf. 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 of Beowulf.
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: The Battle of Brunanburh, which has been greatly over-praised by critics who were unaware that its striking phrases and compounds are mere traditional echoes; and the Battle 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.