A set of essays intended to recognize the scholarship of Professor Cynthia Neville, the papers gathered here explore borders and boundaries in medieval and early modern Britain. Over her career, Cynthia has excavated the history of border law and social life on the frontier between England and Scotland and has written extensively of the relationships between natives and newcomers in Scotland’s Middle Ages. Her work repeatedly invokes jurisdiction as both a legal and territorial expression of power. The essays in this volume return to themes and topics touched upon in her corpus of work, all in one way or another examining borders and boundaries as either (or both) spatial and legal constructs that grow from and shape social interaction.
Contributors are Douglas Biggs, Amy Blakeway, Steve Boardman, Sara M. Butler, Anne DeWindt, Kenneth F. Duggan, Elizabeth Ewan, Chelsea D.M. Hartlen, K.J. Kesselring, Tom Lambert, Shannon McSheffrey, and Cathryn R. Spence.
The present collection of essays grew out of a conference, held in Dresden in December 2001, exploring the relationship between the public sphere and legal culture. The conference was held in connection with the ongoing research undertaken by the
Sonderforschungsbereich 537 ‘Institutionalisation and Historical Change’ and, in particular, by the project ‘Circulation of Legal Norms and Values in British Culture from 1688 to 1900’.
The conference papers include essays on the theory of the public sphere from a systematic and historical point of view by Gert Melville, by Peter Uwe Hohendahl and by Jürgen Schlaeger, all of whom try to re-evaluate and/or improve upon Jürgen Habermas’ seminal contribution to the discussion of the emergence of modernism. Alastair Mann’s contribution investigates the situation in Scotland, particularly censorship and the oath of allegiance; Annette Pankratz focuses on the king’s body as a site of the public sphere; Heinz-Joachim Müllenbrock looks into the widespread ‘culture of contention’ at the beginning of the eighteenth century; and Eckhart Hellmuth considers the reform movement at the end of the century and the radical democrats’ insistence on the right to discuss the constitution.
Ian Bell, who took part in the conference, suggested the inclusion of part of the first chapter of his seminal study
Literature and Crime in Augustan England (1991). Beth Swan, Anna-Christina Giovanopoulos, and Christoph Houswitschka respectively analyse the ideologies of justice, the interrelation between journalism and crime, and the juridical evaluation of the crime of incest and its representation in public. Greta Olson investigates keyholes as liminal spaces between the public and the private, Juliet Wightman focuses on theatre and the bear pit, Uwe Böker examines the court room and prison as public sites of discourse, and York-Gothart Mix discusses the German emigrant culture in North America.
The Old English manuscript whose charred and burnt remains are now MS BL Cotton Otho B. xi was written at Winchester during the reign of Æthelred, partly in the middle of the tenth century and partly about the middle of the first half of the eleventh. In its pristine state it contained Anglo-Saxon texts of some importance, including a collection of laws. Unfortunately, the manuscript fell victim to the Cottonian fire of 1731 and was largely destroyed. Before the fire, however, in 1562, Otho B. xi was transcribed practically in its entirety by the antiquarian Laurence Nowell, whose work formed the basis for the printed edition of the Anglo-Saxon Laws contained in William Lambarde's
Archaionomia of 1568.
The present edition offers a brief discussion of the laws of the Anglo-Saxons as they survive in manuscripts and printed editions and then concentrates on the work of Nowell and Lambarde. Two Laurence Nowells and at least three Nowell transcripts of Cotton Otho B. xi are known to modern scholarship and require consideration before proceeding to an edition of what can be reconstructed of MS BL Cotton Otho B. xi.
The texts of the law codes known as II Athelstan, V Athelstan, Iudex, and Alfred and Ine found originally in MS BL Cotton Otho B.xi are printed from the Nowell transcript contained in MS BL Additional 43703, while on facing pages the corresponding passages from Lambarde's
Archaionomia are reproduced. Variants from the other Nowell transcripts of the same texts are noted, manuscript relations are discussed in an appendix, and a select bibliography is offered.
The importance of the present edition is that it makes it easier to compare the Otho B. xi text and Lambarde's printed version than is possible with Felix Liebermann's
Die Gesetze der Angelsachsen. Comparison of the Nowell and Lambarde texts with one another shows that there can be little doubt that Lambarde for his
Archaionomia used Otho B. xi or a transcript of it made by Nowell Comparison of the Nowell and Lambarde texts with the other extant manuscript and printed versions casts some further light on the relations between the surviving law codes of the Anglo-Saxons.