The Anarchy – A Feudal Struggle for Supremacy Between Cousins and The Birth of Common Law

England in the 12th century was a cauldron of simmering tensions, ripe for explosion. Imagine a vast kingdom ruled by a king whose only legitimate heir was a child barely old enough to toddle. Enter Stephen of Blois, a distant cousin with ambitious designs on the throne. He seized his chance, plunged the realm into a bloody civil war known as “The Anarchy,” and forever changed the landscape of English law and society.

The seeds of The Anarchy were sown long before Stephen’s audacious move in 1135. Henry I, a capable but ruthless ruler, had sired only one legitimate heir, William Adelin. Tragically, the young prince drowned in the White Ship disaster of 1120, leaving Henry with no clear successor. His daughter, Matilda, was his preferred choice, but her claim was contested by Stephen, grandson of William the Conqueror.

Stephen’s supporters argued that a woman should not rule England. He capitalized on the widespread apprehension about female rulers and the perceived weakness of a child inheriting the throne. Aided by influential barons, Stephen seized power upon Henry I’s death, igniting The Anarchy – a brutal conflict that lasted nearly two decades.

England became a battleground. Stephen, despite initial successes, faced fierce resistance from Matilda’s supporters. They were led by her half-brother, Robert of Gloucester, and included powerful barons like Ranulf de Gernon, Earl of Chester, who swayed alliances back and forth with masterful political maneuvering. The constant shifting allegiances reflected the deep divisions within feudal society.

The Anarchy was characterized by unimaginable brutality. Castles changed hands frequently, often through siege warfare that ravaged the countryside. Towns and villages were plundered and burned. This internal strife severely weakened England’s position in Europe. It became vulnerable to foreign threats from France and Scotland, who exploited the chaos for their own gains.

Amidst this chaos, a new legal framework emerged. The traditional feudal system, based on oaths of allegiance and personal loyalty to the king, was crumbling under the weight of constant warfare and shifting allegiances. To address the instability, royal judges began traveling across the country, resolving disputes according to custom and precedent rather than relying solely on local lords.

This development marked the nascent stages of “common law” – a legal system based on established practices and judicial precedents. The emergence of common law was a profound turning point in English history. It laid the foundation for a more centralized and equitable legal system, one that would eventually transcend feudal boundaries and influence legal systems worldwide.

The Anarchy finally ended in 1153 with the Treaty of Wallingford. Stephen recognized Matilda’s son, Henry Plantagenet (later known as Henry II), as his heir. Stephen abdicated and Henry ascended to the throne, ushering in a period of stability and significant legal reform.

Consequences of The Anarchy:

• Weakening of feudalism: The constant warfare and shifting alliances eroded the traditional feudal system, paving the way for a more centralized monarchy.
• Rise of common law: The need for a stable legal framework led to the development of common law, which relied on precedents and judicial decisions rather than solely on feudal customs.

The Anarchy was a brutal chapter in English history, leaving scars on the land and its people. Yet, from the ashes of this conflict emerged a new legal order that would shape England’s destiny for centuries to come. While Stephen’s ambition ignited the flames of war, it ultimately inadvertently sowed the seeds for a more just and unified society.