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Law and Lawlessness > Leges Inter Brettos et Scottos > Flashcards

Leges Inter Brettos et Scottos Flashcards

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1
Q

What does the text concern?

A

Concerns three different penalties:

  • for homicide
  • for homicides that break the king’s peace
  • penalties for wounding or offending personal honour
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2
Q

What does Wormald argue when you compare scottish and english law?

A

Wormald- compared LBS with 2 OE law codes to show that structures across the two regions were similar and that there were comparable levels of the king controlling crime in the 11th century.
- He argues that Scotland was inspired by England to do so and that they formed a parallel trajectory initally, but then England goes down a different path after 1066

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3
Q

Wormald’s arguement on LBS and Northleoda similarities

A

Argues there is overlap as they both focus on social status and honour price

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4
Q

how is this one different to the other three ethinic texts?

A

Doesnt actually mention ethnicity, although it does still seem to be in a contested space

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5
Q

Generally; how are AS and celtic sources different in terms of compensation?

A

Unlike AS sources, Celtic sources distinguish between two different types of compensation for murder: a basic price and then an honour price according to the insult caused by the killing

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6
Q

Similarity between LBS and Ine’s laws?

A

Role of the king

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7
Q

What is LBS trying to do to regulate these laws?

A

Trying to find eqivilents between different systems in different languages

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8
Q

Thornton’s argument/ comparison between DO and LBS and the comparisson generally

A
  • Thornton argues that the LBS had the same function in the lowlands as the D.O did elsewhere– although i’d argue that this isnt as explicit in the LBS
  • But they both deal with different language speakers in the same area interracting, and they are both functional and are trying to reconcile different systems.
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9
Q

How is LBS similar to Crith Galbrach?

A

they both calculate honour price in cows

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10
Q

So overall similar themes in LBS and other texts

A
  • Concern with blood feuds and homicide
  • kin based
  • concious of status
  • concerned with honour and ‘face’
  • the compensation, here known as cro, existed across the regions
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11
Q

What is something in LBS and AS law that is not in Irish law?

A

the paying of compensation to kings and officials for breaching the peace– does not exist in irish law

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12
Q

What does Lynch argue about early British law?

A

Argues that although we don’t know much of early British law, that it probably resembled welsh– but doesn’t actually provide any evidence for this.

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13
Q

What do the similarities to Irish and Welsh mean in terms of comparison?

A

the significant similarity to corresponding areas of Irish and Welsh law, which are better preserved mean that we and make conjectures about the law and custom of early South Scotland, as few sources exist.

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14
Q

Scholars to cite for LBS (5)

A
  • Thornton
  • Taylor
  • Wormald
  • Lynch
  • Ross
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15
Q

What does Alice Taylor argue for the date?

A
  • She argues for 1018 as this was after the battle of Caren- the result of this battle was that hte scots regianed the lowlands of Scotland back from Uthred of Northumbria and this battle is the last mention of a king of Strathclyde- Owen the Bald, so it has been argued this was when strathclyde was incorporated into Scotland
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16
Q

What does title indicate

A

an agreement between Britons and Scots so it makes sense to look at a historical juncture at which these two came into contact
has arguably been misleadingly tited though

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17
Q

two main arguments for dating

A
  • 1018 after battle of Caren

- David I

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18
Q

earliest possible dating?

A

Berne MS is from c.1270 so cant be earlier than that

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19
Q

why should we perhaps not get too caught up in dating?

A

not pinning a precise date is perhaps wise as the text was not immutable and changed over time through its different transmissions

20
Q

Indication for when LBS could still have been being used?

A
  • Legislation atributed to David I and Alexander II in own respective statutes indicates that the kin based ranking system in LBS was still a way of assessing Scottish society as late as 1221
21
Q

Arguement for attributing it to David I

A

David ruled 1123- 52 and this ties in with the traditional view that the ‘state’ was established in Scotland during his reign, BUT Taylor argues that this was actually a much more gradual proccess and that state formation took much longer.

22
Q

Where does LBS survive?

A

In 3 versions

  • 13th-century French version in Berne MS
  • 14th century Latin
  • 15th century Scots
  • the French version contains 2 extra clauses than the other two. it is unclear if these are original but the use of terminology seems to be consistent so suggests it is not an entirely original interpolation
23
Q

Issues concerning transmission of LBS

A

text was likely originally composed in Gaelic but only survives in 3 other languages so it is difficult to know what has been changed over time and what has been lost in transmission
- Ross comments that this text may represent a “revised version of the original”

24
Q

General issue with studying scottish law?

A

tends only to survive in later MS and some of it’s authenticity is dubious, so have to look at the corpus as a whole

25
Q

What does Cro mean

A
  • Is clearly celtic in origin but don’t know much more than that
  • in irish ‘cro’ or ‘crú’ means gore or blood, so this could have evolved to mean blood price
  • Cro was not a fixed payment but depended on the victim’s status
26
Q

Discuss the word ‘Ore’

A
  • Ores were a measurement of currency used in Danish areas of Britian
  • Cro could be measured in cows or in ores, but the honour price was calculated by a set number of cows
  • use of the word could mean the region had a large scandinavian population, or that scandi methods of reckoning legal payment had percolated into scottish law
    • clearly Anglo-Danish influence tho
  • Some have argued that lack of coinage until 12th century means LBS must be later
27
Q

Discuss the word ‘braudbrede’

A
  • Braude is Welsh and means judgement
  • Brede is gaelic and means judgement
    • bolting the two languages together to create a new legal tradition?
28
Q

How does the LBS deal with the multi ethnic situation and how does this compare to Ine’s laws?

A
  • It seems to be coping with the mixture of people by not denying them access to their own identity.
    It allows people to use their own terms and their own legal systems– its one legal umbrella for a multi ethnic kingdom.
    THUS it is the total opposite of Ine’s laws
29
Q

Discuss the Brittonic words in the text

A
  • Has always been assumed these were Welsh, but there is actually no reason that they couldn’t be Pictish in theory.
  • Thornton even says that the inclusion of Galyns in the text means that we can trace the Welsh word’s origin to earlier than previously thought– but what if it’s Brittonic?
30
Q

Discuss Galyns and Enach

A
  • Both words mean honour price

- Galnys is welsh, enach is Irish

31
Q

Discuss Galyns and Enach

A
  • Both words mean honour price
  • Galnys is welsh, enach is Irish
  • Seperate parts to the payment due for taking a life
32
Q

Introduce language in LBS

A
  • more than anything, this is an area where lots of different languages are spoken
  • could be argued that these various languages represent a legal tradition in a country with no clear cultural heritage.
  • The terminology alone demonstrates similarities witho other insular and even Scandinavian legal practices.
33
Q

What could you kind of expect, but that is not here?

A
  • Wergeld- no cognate is supplied

- - the linguistic glossing seems quite inconsistent

34
Q

Discuss Gelthach and Kelychyn

A
  • Gelthach is used in latin version, kelychn in other 2
  • It was probably a fine paid for insult/ injury similar to the welsh sarhead or the Irish enech. Seems to have encompassed a wide variety of payments which were due to different parties in a legal case depending on their interest in it.
  • It was payable in cows according to social rank and the peasent rank (villayn) has no geltchach
35
Q

What does LBS tell us about the role of women in early Scottish society?

A
  • As with other celtic societies, the rights and obligations of women are explicitly guaranteed (though lesser than men)
  • It also makes clear that women retained their original kinship as death penalties were owed by her family not by her husbands and death penalties were made to her family
  • In some circumstances payments go to the spouse, in others to the family
36
Q

What does LBS tell us about the role of the king in early Scottish society/ lawmaking?

A
  • there are a seperate group of penalties for if you kill someone ‘in the peace of a king’– why? how should we interpret this?
  • Thornton argues that the payments made to the king and not to the kindred shows that crimes were seen as an insult to society
37
Q

Basic summary of private v public in LBS

A
  • Scholars of medieval law have often driven at a distinction between public and private law, but it is worth taking the view given by Alice Taylor, that in the early and high medieval periods elite power is coterminous with the growth of public power
  • clear that the law was catered to the dynastic order in which the state opperated
38
Q

What does LBS indicate in terms of intention?

A

LBS also specifies fines for breaches of the peace and the drawing of blood, which convey the message of a wider ambition to maintain public order. Very little can be deduced about the enforcement of these decrees

39
Q

What does Wormald argue regarding the actions of scottish kings?

A

that scottish kings could never be as ‘wholesale’ as those of the English as they lacked ‘ideological coherence’ –should question what Wormald means by this

40
Q

Topics for what the LBS tells us about Scottish law and society

A
  • the role of kin
  • the role of the king
  • importance of honour
  • role of women
  • use of money
  • societal hierarchies
  • idea of public v private
41
Q

What does taylor argue regarding the enforcement of early medieval law

A

that there was a big gulf between medieval law as it was laid down, and how it was enforced (think Brut)

42
Q

What does Wormald argue about kin

A

that in LBS the king/ government can be seen to take on rights that had previously been organized by kin, such as principles of compensation

43
Q

discuss enforcement of LBS

A

we dont know if it was ever used
but why would they codify it if not?
kin would have had to enforce it as there is no central authority

44
Q

What does the LBS tell us about hierarchy in society

A
  • the hierarchy of payments allows us to reconstruct the basic structure of Albanian society– king at the top, then king’s son, then thegns and their families/ sons.
  • it paints a picture of a highly stratified society
45
Q

Topics for what the lbs tells us historically (8 sub topics)

A
  • Honour
  • The role of the kin
  • Implementation/ how the text would have been used
  • Hierarchy in society
  • role of the king
  • money
  • women
  • public v private

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