English Legal History
2/6/2007
Outline

I. SLIDES

`II.` AETHELBERHT’S “CODE”
`II.` AETHELBERHT’S “CODE”

ANGLO-SAXON CONSTITUTIONAL HISTORY (Cont’d)

ANGLO-SAXON LAW AND CONSTITUTION AS VIEWED FROM
ARCHAEOLOGOICAL REMAINS AND FROM THE LAW “CODES”

1.	The Roman arch in Lincoln
2.	Offa's dyke (8th century)
3.	The Escomb church (co. Durham, 9th century)
4.	St. Peter's in Lincoln (11th century, pre-Conquest)
5.	Jarrow (founded 681; burned 867; destroyed 937; Bede’s body removed to Durham cathedral 1022; burned again by the Conqueror 1069; refounded 1074 by Aldwin of Winchcombe) Chi Rho. DEDICATIO BASILIKAE SCI PAULI VIIII KL MAI [i.e., 23 April 681, Tues. after Quasimodo) ANNO XV ECFRIDI REG ..................………………. Q ECCLES DO AUCTORE CONDITORIS ANNO IIII.
6.	Lindisfarne Gospels
7.	Coronation Charter of Edgar the Peaceable c. 975

`A.`		Bede EHD, p. 610, (Mats. p. II-3)
	`1.`		Prologue of Wihtred (probably 695) (Mats. p. II–46)
	`2.`		Literacy, Liudhard, coins
	`3.`		The only ms. (Textus Roffensis) dates from the early 12th century The ms dates from the early 12th century. Simpson’s suggestions:
	`1.`		fitting the Church in won’t work (c.1 is suspect and nothing else tells us about the church, contrast Wihtred).
	`2.`		fixed tariffs in lieu of the responsibility to take revenge?
	`3.`		a written law which can be read?
	`4.`		penitential?
	possible Celtic influence in both (3 & 4) (Mats. p. II–48)
C.		Cc.1–7 and the problem of authenticity; the problem of the self-understood, the problem of the extreme terseness of the language. (Note that the form is not the Gif form used in virtually all the others.)
D.		Method. the first e.g.’s of juristic elaboration, very early eg’s of reasoning by analogy, ciricfirth = maethlfrith, the anatomical elaboration of cc. 32–71
E.		Clues as to social relations (we didn’t reach this in class; it would make a great paper topc)?
		Oliver translation: 76. If a person buys a maiden with a [bride-]price, let the bargain be [valid], if there is no deception. 76.1 If there is deception, afterwards let him bring [her to her] home, and let him be given his money. 76.2 If she bears a living child, let her obtain half the goods [belonging to the household] if the husband dies first. 76.3 If she should wish to dwell with the children, let her obtain half the goods [of the household]. 76.4 If she should wish to take a man [i.e., another husband], provision as for one child [i.e., the inheritance is split equally between the mother and each of the children]. 76.5 If she does not bear a child, her paternal kin should obtain [her] property and the morning-gift. Attenborough translation (he uses a different numbering system): 77. If a man buys a maiden, the bargain shall stand, if there is no dishonesty. § 1. If however there is dishonesty, she shall be taken back to her home, and the money shall be returned to him. 78. If she bears a living child, she shall have half the goods left by her husband, if he dies Wrst. 79. If she wishes to depart with her children, she shall have half the goods. 80. If the husband wishes to keep [the children], she shall have a share of the goods equal to a child’s. 81. If she does not bear a child, [her] father’s relatives shall have her goods, and the “morning gift.” The Anglo-Saxon reads: 76. Gif man mægþ gebigeð ceapi, geceapod sy gif hit unfacne is. [77] 76.1. Gif hit þonne facne is, ef[t] þær æt ham gebrenge, ₇him man his scæt agefe. [77.1] 76.2. Gif hio cwic bearn gebyreþ, healfne scæt age gif ceorl ær swylteþ. /3v/ [78] 76.3. Gif mid bearnum bugan wille, healfne scæt age. [79] 76.4. Gif ceorl agan wile, swa an bearn. [80] 76.5. Gif hio bearn ne gebyreþ, fæderingmagas fioh agan₇morgengyfe. [81]

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