When we think of very early English law, figures like Alfred the Great or even the mythical King Arthur might come to mind.
Yet, nestled in the 7th century, a figure often celebrated for his piety and miracles also played a crucial, often overlooked, role in shaping the very foundations of English legal tradition: St. Erkenwald, Bishop of London. Erkenwald’s life, stretching from his princely birth to his abbacy and eventual episcopacy, is rich with spiritual significance.
Tradition holds that he was of East Anglian royal lineage, giving him the wealth and influence to found the renowned monasteries of Chertsey and Barking, dedicating his sister Æthelburg as the first abbess of Barking.
But it’s his less-frequented connection to the Anglo-Saxon legal codes that truly cements his place as a pivotal figure.
While later medieval accounts would focus on his miraculous incorrupt body and his legendary intercession, historical records reveal Erkenwald as a pragmatic and influential statesman. His status as a prince-turned-bishop granted him access and authority in royal courts. His most direct link to legal history comes from the Laws of King Ine of Wessex, promulgated around 694 AD. The preface to Ine’s code explicitly states that these laws were established “with the counsel and teaching of my father Cenred and my Bishop Hedde, and my Bishop Ercenwald, and all my ealdormen, and the senior witan of my people.”
This placed Erkenwald directly at the heart of law-making in one of the most powerful Anglo-Saxon kingdoms.
Written Law, and Fairness
Erkenwald’s involvement underscores a critical truth about early English legal development: the profound influence of the Christian Church and the shift to written law.
Before the systematic codification seen in Ine’s laws, justice was often based on arbitrary judgment or shifting tribal custom. The act of writing down the law was revolutionary for two main reasons:
-
Clarity and Predictability: Written laws provided a clear standard for what was considered a crime and what punishment it carried, replacing inconsistent, ad-hoc rulings.
-
A Bulwark Against Retroactive Punishment: By defining offenses before they occurred, these written codes inherently worked to prevent retrospective punishment—that is, the practice of punishing someone for an action that was not illegal at the time they committed it. This shift promoted the crucial legal principle that a known rule must exist before a penalty can be applied.
Lady Justice, (statue on the Old Bailey, London)
Bishops like Erkenwald, wielding immense moral authority and holding genuine princely status, brought intellectual rigor to this process, ensuring that the new laws were grounded in principles of fairness and order, and introducing Christian concepts like measured compensation (wergeld) to replace arbitrary violence.
While we can’t attribute specific clauses solely to Erkenwald, the Laws of Ine are fascinating for their scope, covering everything from:
-
Ecclesiastical Matters: Rules for the clergy, Sabbath observance, and church dues.
-
Theft and Property: Detailed regulations regarding livestock theft, burglary, and property damage.
-
Justice and Peace: Provisions for compensation for injuries, penalties for fighting, and the maintenance of public order.
These laws represent a significant step towards a more unified and codified legal system in England, laying groundwork that would be built upon by later monarchs like Alfred the Great. So, the next time you hear of St. Erkenwald, remember him not just as the saint whose incorrupt body was revered at St. Paul’s Cathedral, nor not just as a founder of monasteries. Remember him as the Prince-Bishop of London—a man of noble birth whose wisdom helped transition a society from raw custom to reasoned, published legislation, securing a fundamental step toward modern fairness by establishing the law before the crime.
He reminds us that the quest for justice and order has deep roots, nurtured by the spiritual and intellectual leaders of every age.
A banner showing St Erkenwald
The name ‘Erkenwald’ is a dithematic Germanic construction, formed by the joining of two distinct linguistic pillars: eorcen and weald.
- Eorcen: This first element conveys a sense of the intrinsic or the sublime, translating to “genuine,” “pure,” or “precious.” It suggests an excellence that is fundamental to the character of the person described.
- Weald: The second element, weald, denotes “rule,” “authority,” or “power”—the root associated with governance and the capacity to lead.
When synthesized, Erkenwald translates to “genuine ruler” or “noble power.”
In the context of Soulton, the name functions as more than a historical label; it reflects an ideal of leadership where authority is validated by its authenticity. It suggests that power is at its most potent when it is derived from a source that is rare, honest, and deeply rooted.
