II Aethelstan; or, the Grately Code

Context

Records contemporary to Aethelstan's reign and throughout much of the Anglo-Saxon period in general are somewhat sketchy and incomplete. Piecing together events, especially surrounding named individuals, can be difficult, and even in the case of a king the details can be unclear. Consequently, the exact date in Aethelstan's reign when the Grately Code was composed and the circumstances behind its promulgation are uncertain. Whether the comprehensive laws in II Aethelstan were part of a general commitment to justice and social order or were the outcome of practical measures to counterbalance current circumstances is not certain. On the one hand, the broader interpretation of crime as an offence against society at large as well as against the victim is an underlying theme in Anglo-Saxon law from the reign of King Alfred (beginning in 871), Aethelstan's grandfather, through to King Canute, whose reign began almost a century later (in 1016). This approach to law contrasts significantly with the laws of the seventh century, where crime was understood primarily as an offence against the victim. Furthermore, in the 164 years between the start of King Alfred's rule and the end of Canute's reign (in 1035), there were only three kings who did not produce law codes (or, perhaps, for whom law codes no longer survive). The reasons behind Aethelstan's promulgation of the law code at Grately and others in his name may simply be that promulgating laws is what kings are supposed to do. On the other hand, the prologue to Aethelstan's laws given at Exeter (now known as V Aethelstan) states that the new law code is being set forth because the peace pronounced at Grately was not strictly kept. As such, Aethelstan's laws can be argued to be in direct reaction to circumstances—even if they were not necessarily successful.

Despite the uncertainties surrounding Aethelstan's law codes and their promulgation, some of the background events of his reign can be sketched out. As a child, Aethelstan, son of the king of Wessex, was raised in the royal court of the kingdom of Mercia. When his father, Edward the Elder, died on July 17, 924, Aethelstan was recognized as king in Mercia, while his half-brother, Aelfweard, was recognized as king in Wessex. Aelfweard, however, died on August 2, 924. It was over a year before Aethelstan was crowned king of Wessex and of the Danes on September 4, 925. The reasons for this delay are unclear, but it has been speculated that there may have been civil war, with Wessex initially favoring Aelfweard's brother Eadwine for king.

Once Aethelstan had been crowned king, his reign was defined by expansion and conquest. At first, an alliance was made with Sihtric of York, king of Northumbria, sealed with Sihtric's marriage to one of Aethelstan's sisters in 926. This represented a major change in diplomatic relations, as previously Sihtric had refused communications with Aethelstan's father. The alliance crumbled with Sihtric's death in 927. Aethelstan then invaded Northumbria to take control of it for himself. In July 927 the Northumbrians submitted to Aethelstan, along with the Scots, the Welsh, and the Strathclyde Britons. By 931, Aethlestan was identified in charters as king of Albion, or all of Britannia, although his reign was not peaceful, and his control did not remain uncontested. In 934, Aethelstan marched his armies back into Scotland, presumably to suppress rebellion, and in 937 the Scots allied with the Norse and invaded England. Aethlestan successfully repelled the invaders, an event commemorated in the Anglo-Saxon heroic poem The Battle of Brunanburh. Some two years later, on October 27, 939, Aethelstan died without an heir and was succeeded by his half-brother Edmund.

Conquest and expansion of the realm clearly underlie Aethelstan's reign. In addition to his military conquests he was a devout king, renowned as a collector of saints' relics as well as for his generous donations of relics, books, and various other treasures to monasteries and nunneries. The upholding of Christian faith and the controlling of the realm were both considered essential duties of an Anglo-Saxon king. In all, the promulgation of law, part of both the biblical and the Anglo-Saxon image of kingship, and central to the controlling of the realm, must have seemed part of the duties of Christian kingship to Aethelstan. Certainly, the influence of the church on the promulgation of the law codes, and their contents, was great. It has already been stressed that the exact point, even the year, in Aethelstan's realm when the Grately Code was first promulgated is unknown. Nevertheless, the forging and expansion of the realm and the religious faith Aethelstan displayed throughout his reign form compelling contexts to underlie the promulgation of II Aethelstan. It is impossible not to see the concerns with social cohesion and order outlined in the law codes as an integral part of that process.