Alfred the Great : $b containing chapters on his life and times
History
Alfred the Great : $b containing chapters on his life and times
Alfred, King of England, 849-899; Great Britain -- History -- Alfred, 871-899
The various customs of inheritance that are to be found even to this
day in English copyholds, and to a limited extent in freehold land, and
which are certainly of great antiquity, bear sufficient witness that at
least as much variety was to be found before the Conquest. Probably the
least usual of the typical customs was primogeniture; preference of the
youngest son, ultimogeniture or junior-right as recent authors have
called it, the “borough-English” of our post-Norman books, was common
in some parts; preference of the youngest daughter, in default of sons,
or even of the youngest among collateral heirs, was not unknown. But
the prevailing type was equal division among sons, not among children
including daughters on an equal footing as modern systems have it.
Here again the effect of the Norman Conquest was to arrest or divert
the native lines of growth. In this country we now live under laws of
succession derived in part from the military needs of Western Europe in
the early Middle Ages, and in part from the cosmopolitan legislation of
Justinian, the line between the application of the two systems being
drawn in a manner which is accounted for by the peculiar history of
our institutions and the relations between different jurisdictions in
England, but cannot be explained on any rational principle. But the
unlimited freedom of disposal by will which we enjoy under our modern law
has reduced the anomalies of our intestate succession to a matter of only
occasional inconvenience.
Small indeed, it is easy to perceive, is the portion of Anglo-Saxon
customs which can be said to have survived in a recognisable form. This
fact nevertheless remains compatible with a perfectly real and living
continuity of spirit in our legal institutions.
If we do not nowadays observe King Alfred’s dooms, or anything like them,
still we owe it to the work of Alfred and his children that England was
saved to become an individual nation, and that our fundamental ideas of
justice have survived all external changes. Those ideas may be summed up
very shortly. Justice is essentially public; the business of parties is
to conduct their cases according to the rules of law, the business of the
court is to hear and determine between them, not to conduct an inquiry;
judicial interpretation of the law is the only authentic and binding
interpretation, and in particular the executive has no such power. These
principles appear obvious to most of us, but there are many civilised
countries where they are not admitted. We can trace them back to the
rudest beginnings of our jurisprudence; they are as vigorous as ever,
in all the complexity of modern affairs, wherever the English tongue is
spoken.
ALFRED AND THE ARTS
BY REV. W. J. LOFTIE
ALFRED AND THE ARTS
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account