King Alfred's Book of Laws: A Study of the Domboc and Its' Influence on English Identity, With a Complete Translation

185 Pages·2012·11.2 MB·English

by  Todd Preston

King Alfred’s Book of Laws
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King Alfred’s Book of Laws
A Study of the Domboc and
Its Influence on English Identity,
with a Complete Translation
T P
ODD RESTON
McFarland & Company, Inc., Publishers
Jefferson, North Carolina, and London
LIBRARYOFCONGRESSCATALOGUING-IN-PUBLICATIONDATA
Preston, Todd.
King Alfred’s book of laws : a study of the Domboc and its
influence on English identity, with a complete translation /
Todd Preston.
p. cm.
Includes bibliographical references and index.
ISBN 978-0-7864-6588-0
softcover : acid freepaper
1. Law, Anglo-Saxon. 2. Alfred, King of England, 849–899.
3. Great Britain—Politics and government—449–1066.
4. Law—England—History—To 1500. I. Title.
KD543.P74 2012
340.5'50942—dc23 2012007134
BRITISHLIBRARYCATALOGUINGDATAAREAVAILABLE
© 2012 Todd Preston. All rights reserved
No part of this book may be reproduced or transmitted in any form
or by any means, electronic or mechanical, i ncluding photocopying
or recording, or by any information storage and retrieval system,
without p ermission in writing from the publisher.
On the cover: King Alfred the Great statue in Wantage, England
(Photograph by Philip Jelley)
Front cover design by David Landis (Shake It Loose Graphics)
Manufactured in the United States of America
McFarland & Company, Inc., Publishers
Box 611, Je›erson, North Carolina 28640
www.mcfarlandpub.com
Table of Contents
Preface 1
Introduction 3
1. Kingship, Law, and National Identity in Ninth-
Century Wessex 15
2. Reading the Laws: The Domboc in Its Earliest Context 35
3. Eleventh and Twelfth Century Redeployments of
the Domboc 59
4. The Parker Circle, the Domboc, and Reformation
National Identity 83
Conclusion 101
Appendix
Reading the Domboc 105
King Alfred’s Domboc: Text and Translation 106
Notes 149
Works Cited 167
Index 175
v
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Preface
For students of the early Middle Ages, King Alfred is a figure who
looms large at the intersection of literature and history. Most famously,
Alfred is the ruler who brought learning back to England at the end of the
ninth century after the depredations of decades of Viking invasion. As a
result, analysis of Alfred’s canon has focused heavily on his religious and
philosophical texts, with his law code, or Domboc, receiving relatively scant
notice until fairly recently. However, the Domboc is a fascinating text in
itself, which can tell us a great deal about how Alfred ruled his people,
and how he was perceived in subsequent centuries.
This book analyzes King Alfred’s Domboc(literally “judgment-book”)
as an important foundation narrative for both the Anglo-Saxons and, later,
the English. Alfred’s text serves as a key illustration of the interconnected
processes of forging royal, cultural, and national identities through legis-
lation. Its goal is to delineate an Alfredian theory of law in the context of
contemporary kingship literature. This will be accomplished by arguing
that both the act and content of legislation are essential elements of king-
ship, instrumental in forging royal and national identities through political
and ideological self-fashioning. In its analysis of the original incarnation
of Alfred’s Domboc, the study focuses on the prevalence and dominance
of bot (compensatory feud) language throughout the text. In contrast to
Alfred’s received reputation as a thoroughly Christian king, the monarch’s
specific language choices in legislation forward royal and national images
primarily identified by secular cultural forces.
This text also examines the influence of Alfred’s law code following
his death at the beginning of the tenth century. An investigation of the
texts and contexts of the reappearance of Alfred’s Domboc in the late
eleventh and early twelfth centuries illuminates the role the Dombocplays
in the formation and strategic invocations of national identity in the wake
1
Preface
of conquest. Law collections I-II Cnut (following the Danish conquest),
and the Instituta Cnuti and the Quadripartitus (following the Norman
conquest), use the Dombocto facilitate the transition to post-conquest rule
and legitimize their dominion over the Anglo-Saxons. Conversely, the
compilers of the twelfth-century Textus Roffensisemploy theDomboc’s con-
nection to an Anglo-Saxon past in an effort to confirm their pre-conquest
claims to rights and holdings. In the sixteenth century, Protestant reformers
use the Dombocto tie the English Church and English common law to an
authorizing native past. Archbishop Matthew Parker’s Protestant reform
tract A Testimonie of Antiquitie, and William Lambarde’s collection of
English law, the Archaionomia, both employ the Dombocto link their reli-
gious and legal campaigns to validating Anglo-Saxon precedent.
In examining the texts and contexts surrounding the appearances of
King Alfred’s Domboc from its inception to its eventual publication in
print, I have attempted to bring together the major voices in the fields of
early English law and literature. However, one stumbling block I came
across early in my studies was a lack of a complete English translation of
the Dombocin a single source, which would include Alfred’s entire prologue
as well as the complete codes of Alfred and the appended law code of his
royal forbear, King Ine. To help remedy that difficulty, the above analysis
is followed by an unannotated diplomatic edition and translation of the
text of the Dombocfrom Cambridge, Corpus Christi College 173, the ear-
liest and one of the most complete manuscripts of the law-book. Not
intended as a scholarly edition of the Domboc, this translation is meant
only to serve as an initial ready reference to the contents of the law code.
As in any endeavor of this nature, both thanks and apologies are in
order. As for thanks, many belong to my colleagues at the Pennsylvania
State University and Lycoming College for their support in my writing of
the manuscript, but the most belong to the unstinting encouragement of
my wife and boys: Susan, Michael, and Jack. As for apologies, they are
from me for any lapses in translation or interpretation in the following
text, which are surely all my own.
2
Introduction
Perhaps the most intimate picture we have of King Alfred’s (871–899)
practice of law comes from the Fonthill Letter.1 In the letter, the writer
depicts Alfred hearing a legal case as “cing stod, ðwoh his honda, æt Wear-
doran innan ðon bur” ([the] king stood, [and] washed his hands, within
the chamber at Wardour).2This rather informal portrait of the king, hands
dripping into a washbasin as he hears the particulars of the case, is key to
understanding the way in which law functioned for Alfred, his people,
and those who would claim Alfred’s legal legacy in the future. Alfred’s law,
although part of an abstract continuum of legislation from a real or imag-
ined past through the present and into the future, was also a living text,
operating at the intersection of the regal and the commonplace. The Anglo-
Saxons were a people of law, and that legislation had a direct connection
to their lives. Moreover, Alfred not only refashioned this law in response
to the distinct needs of his kingship and his people in his Domboc, or law-
book, but his legislation was also recontextualized and redeployed by those
who came after the Anglo-Saxons for their own particular purposes. As
David Pratt notes of the king, “every age has reinterpreted his ninth-cen-
tury memory” (Political Thought 1) to suit their own purposes or needs.
Alfred’s stature as a ruler and as a symbol of Anglo-Saxon ideals and culture
therefore makes him and his Domboc a productive locus for an inquiry
into the function of Anglo-Saxon lawmaking for both the Anglo-Saxons
themselves as well as their cultural and political heirs.
Whereas previous studies of the literary canon of Alfred, King of Wes-
sex have focused on his translations of, and prefaces to, such texts as Pope
Gregory’s Regula pastoralis and Boethius’ Consolation of Philosophy, an
investigation of Alfred’s Domboc shows the important role the text plays
in defining both king and kingdom.3 Historically, scholars have generally
undervalued the Domboc as a crucial element of the king’s canon.4 How-
3