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17/11/2014

A heavy price for light fingers

5 Comments

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PictureThe Eadui, or Arundel, Psalter. British Library, Arundel 155, fol. 9r, detail. Image public domain.



Today, I'm going to ask you to put aside your twenty-first century misplaced compassion and that overarching let-the-punishment-fit-the-crime sense of justice you have and, instead, get into the spirit of Anglo-Saxon England! 

You see, when you listen to the readings about thievery (please follow the link below), I think you might just wonder what would have happened had you been an Anglo-Saxon struggling to make ends meet. 

What if the reason you helped yourself to your neighbour's sceats (Old English currency) or, God forbid, the bishop's blessed belongings, was because you were struggling to feed your six kids?  

Well, mercy isn't a word mentioned in these legal texts, though it has to be said that the London ruling by King Æthelstan (video 4) represents an emendation to the age of accountability. 

Ah, God bless him: he obviously thought age 7 was a bit too young for slaying a thief, so he was compassionate enough to raise it to 12.

I hope you enjoy the sample readings in the video link below.  They are not all about thievery.  They were produced as promotional material for the Rochester Cathedral's 'Hidden Treasures, Fresh Expressions' project, for which I'm the academic research consultant.

The first is an introductory film to the Textus Roffensis, the manuscript that contains all the texts from which I read.

Video 2 has a few lines from Æthelberht's Code, written around the year 600, and surviving only in the Textus Roffensis.  So this law code is actually a copy of the earliest surviving piece of written English!  A monastic WOW!

As well as its opening decrees against thievery, I also give you a few on sexual crimes. 

The third video is a reading of part of King Alfred's preface to his famous Domboc (Book of Judgements).  It might surprise you that it owes a great deal to the Old Testament, which suggests Alfred wanted his people to be thought of as God's people. 

Video 4 is the opening of Æthelstan's London Code, mentioned above.

The fifth video is also about thievery, but specifically what Anglo-Saxons should do if livestock is stolen.  You needed a strong voice and plenty of spare candle wax, apparently. 

And to round off the selection, we have none other than Michael Wood reading out a rather earthy excommunication curse. My sincere apologies if your sensibilities don't quite stretch to religious profanity ...

I reckon this curse would have been a good one to shout at those nasty little thieves who nicked your maniple, bishop! 

Well, who'd have been a thief in Anglo-Saxon England?   Whether paying back twelve-fold for filching from the bishop in the seventh century, or paying with your life for pinching twelve pennies in the tenth, it was tough being a crook ... 
















 

Justice tempered with mercy isn't all that obvious in Anglo-Saxon laws against thievery.

Picture
Libra, zodiac symbol of justice. British Library, Arundel 60 (Winchester, probably after 1073), fol. 6, detail. Image is in the Public Domain.
Video link

'Textus Roffensis Film Project', courtesy of Rochester Cathedral and produced by Phil Smethurst for Manchester Lights Media.

Enjoy!  And if you'd like to share your thoughts on any of the readings or their content, please leave a comment below.

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5 Comments
Char link
20/11/2014 06:41:13 pm

Wonderful post & video links, Chris. I recently posted on my blog about penitentials and secular punishment for sexual sins in the Middle Ages so the Folio 1 reading is fascinating. Do you know if Æthelberht's Code reflects punishment for same-sex relationships? I'd read Boswell, who indicated there were no secular laws on the books in England until post-1250. I may need to revise my blog post!

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Chris (the Anglo-Saxon Monk)
20/11/2014 07:30:46 pm

Hello Char. Thanks for leaving a comment. Neither AEthelberht's Code nor any other Anglo-Saxon secular law contain a direct reference to same-sex acts. The Anglo-Saxon penitentials on the other hand have numerous references to various same-sex acts, both male and female. Boswell, quite frankly, is very misleading in his evaluation of homosexuality in the early medieval period. The Church in England did not tolerate it. Some of the severest penances are for male homosexual acts, though the severity in certain cases depended a great deal on age. That said, the absence of secular legislation against homosexual acts may suggest a range of views prevailed in early England. An interesting comparison is the absence of laws against concubinage/polygyny until the 11th century despite canon law clearly forbidding all forms of concubinage. It would seem the Church's views on sex did not always dominate sexual discourse. I hope that's helpful. I will get around to doing a post on same-sex sexuality in AngloSaxon England. My PhD thesis had a chapter on the subject so I will try to convey some of my findings on the subject in the near future. Thanks once again for your response.

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Char link
20/11/2014 07:44:57 pm

Would you mind if I quote you in a footnote to my blog post? I think is was Berkowitz or Karras who mentioned that Church canon often avoided mention of same-sex relationships in order to not breed curiosity about them. I do realize that many of Boswell's interpretations have been controversial. I'll look forward to your future posts on the topic. Thanks!

Chris *The Anglo-Saxon Monk
21/11/2014 06:18:02 am

No problem, please do. Please give a link to my website.

Priests were instructed to winkle out sins during confession but not to put new ideas into the penitent's head! ;-) Tricky balance. Must have been some interesting conversations. I'd love to film a Monty Pythonesque spoof of Anglo-Saxon confession.

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Char link
21/11/2014 03:21:35 pm

Exactly! I recall reading that - just telling someone about the sin might lead to experimentation! And you're right - this would make a hilarious Monty Python routine. :)

Thanks for letting me quote you! I've added links to this post in a footnote, and in my sources. http://charlenenewcomb.com/2014/11/17/medieval-man-sex-and-mortal-sin-in-men-of-the-cross/

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    Welcome, blessed readers! This is the blog of the Medieval Monk, the alter ego of Dr Christopher Monk.

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