By Timothy S. Jones
Drawing on new historic rules, this booklet examines literary and old narratives, felony statutes and documents, sermons, lyric poetry, and biblical exegesis circulating in medieval England to be able to theorize the determine of the outlaw and discover the felony, moral, and social assumptions that underlie the perform of outlawry.
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Extra info for Outlawry in Medieval Literature
Example text
40 The last expression in particular appears to support the peacelessness theory, but Goebel prefers to see it as a command to carry out the hue and cry. In fact, Goebel identifies three distinct processes—outlawry, exile, and loss of the king’s grace—where Liebermann sees only one. 41 Even flyma itself seems to describe different processes in some of the other historical records. There are those cases, for instance, where men are flymed for political rather than criminal reasons. ”42 This Ealdberht had f led to Taunton, which was attacked and destroyed by Ine’s queen, Æthelburh, forcing the exiled prince to f lee to the kingdom of the South Saxons, where he was attacked and killed by Ine.
Revenge was forbidden in cases involving petty offenses and the loss of the injured party was compensated by a payment. In the case of a serious, unemendable offense, however, the wrong-doer was placed at the mercy of the injured party or his kin. This peaceless ( friedlosig) man lost all his legal standing: house, property, and possessions were forfeit; contracts, including the ability to inherit and bequeath, were nullified; and, most importantly, he and his kin lost any claim to compensation for his own life, injury, or loss of property.
Here Cain’s act is presented as a sort of primum mobile in the history of niþ: spite, hatred, war, evil, oppression. Thus, as we might expect, Cain became a symbol of murder, fratricide, and vengeance ( fæhþo). In the medieval imagination Cain, like Lucifer in the Gospel of Nicodemus, became the father of the outsider, the person who exists outside the physical, moral, religious, or cultural boundaries. 87 Nearly all of these groups of Cain’s descendants had their origin in the exegesis of the Cain and Abel story in Genesis.