The Earliest Expression for Outlawry in Anglo-Saxon Law
Bryan Carella
In this article, I seek to define the difficult legal phrase utroque iure caruerunt (“and they have been deprived of both laws”), which appears in capitulum XII Legatine Capitulary 786 (a collection canons promulgated ostensibly by a papal legation sent England order address unspecified abuses), describing punitive sanction for malefactors who committed or conspired commit crime regicide. able identify no parallel occurrence any culturally similar temporally proximate documents, leaving me with little beyond text itself evidence its precise meaning. Since it has demonstrated recently that Alcuin — native-born Anglo-Saxon and Northumbrian was intimately involved drafting (if, indeed, he not sole author), moreover, since composed first instance audience, argue is deeply rooted precedents. conclude signifies those guilty regicide should be secular ecclesiastical law, is, outlawed excommunicated. As such, represents reference outlawry law more than century. Additionally, would appear take granted close cooperation between jurisprudence specifically punish crime, feature likewise formally described (according current thought) until century later. finish considering implications my argument history suggesting particular we must revise currently held opinions about pace development, particularly Anglian North, where due most likely loss resulting from Viking invasions very primary-text survived.
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