Concerning a woman’s betrothal, early 11th century

This is a legal formula, probably originally dating to the early eleventh century, that establishes the prenuptial rights of a betrothed woman in England in the decades before the Norman Conquest, including her property entitlement on the death of her husband. It also provides us with insights into the betrothal practices of the period, such as the roles of kinsmen for both the woman and the man; and it addresses the obligation to have a priest present at the marriage, not only in order to bless the union but also to ensure the couple are not too closely related.

Transcription

94v (select folio number to open facsimile)

_Gif man mædan Be wifmannes beweddunge.
oððe wif weddian wille, ⁊ hit swa hire, ⁊ freon-
dan gelicige, ðonne is riht ðæt se brydguma
æfter godes rihte, ⁊ æfter woroldgerysnum
ærest behate, ⁊ on wedde sylle ðam ðe hire
forsprecan synd, þæt he on ða wisan hire ge-
ornige ðet he hy æfter godes rihte healdan
wille swa wær his wif sceal, ⁊ aborgian his frind
ðæt. Æfter ðam is witanne hwam ðæt foster-
lean gebyrige, weddige se brydguma eft þæs,
⁊ hit aborgian his frynd. Ðonne syððan cyþe se
brydguma hwæs he hire geunge wið þam ðet heo
his willan geceose, ⁊ hwæs he hire geunge gif
heo læng sy ðonne he. Gif hit swa geforword bið,
þonne is riht ðæt heo sy healfes yrfes wyrðe, ⁊
ealles gif hy cild gemæne habban bute heo eft
wær ceose, trymme he eal mid wedde þæt þæt
he behate, ⁊ aborgian frynd þæt. Gif hy þonne
ælces þinges sammæle beon, ðonne fon magas
to, ⁊ weddian heora magan to wife, ⁊ to rihtlife
ðam ðe hire girnde, ⁊ for to þam borge se ðe ðæs
weddes waldend sy. Gif hy man ðonne ut of
lande lædan wille on oðres þegnes land, ðonne
bið hire ræd ðæt frynd ða forword habban

95r

ðæt hire man nan woh to ne do. ⁊ gif heo gylt
gewyrce ðæt hy moton beon bote nyhst, gif heo
næfð of hwam heo bete[.]¹ æt þam giftan sceal mæsse-
preost beon mid rihte se sceal mid godes bletsun-
ge heora gesomnunge gederian an ealre gesund-
fulnesse. Wel is eac to warnianne ðæt man
wite ðæt hy ðurh mægsibbe to gelænge ne beon,
ðe læs ðe man eft twæme ðæt man ær awoh
tosomne gedydan.

Translation

See Translation Notes

Concerning a woman’s betrothal.

If one wishes to betroth a maiden or woman,² and it is pleasing to her and her kinsmen,³ then it is right that the [prospective] bridegroom, according to God’s laws and to worldly customs, should first make a promise, and give a pledge to those who are her spokespersons, that he desires her in such a way that he shall keep her as his wife, according to God’s law; and his kinsmen are to stand surety for it.

After that, it is to be known to whom the payment for [her] maintenance belongs:⁴ the bridegroom shall give a pledge as before, and his kinsmen stand surety for it.

Then, afterwards, the bridegroom should declare what he would give her should she accept his wish [to marry her], and what he would give her if she outlives him. If it be agreed upon, then it is right that she be worthy of half the property, and all of it if they have a child together, unless she were to choose another man; he should confirm all that he may promise with a pledge; and his kinsmen will stand surety for it.

If they then be in agreement over all these things, then the kin may take and betroth their kinswoman as wife, and to a lawful life, ⁵ to him who desired her, and he who is head of the betrothal shall be granted the surety payment.

If one should then wish to lead her out of the land into another thegn’s land, then it is advisable that kinsmen obtain for her the assurance that no one will do any harm to her; and, if she should commit a wrong, that they be allowed to substitute for paying compensation, if she does not have anything with which to make compensation.

At the marriage there shall be by law a mass-priest, who shall with God’s blessing join them together in all prosperity. It is also well to take heed that one knows that they are not through kinship too close, lest afterwards one must destroy what previously was wrongfully joined together.

Cited works

DMLBS. Dictionary of Medieval Latin from British Sources, available here

DOE. The Dictionary of Old English: A to I; limited free access here

Whitelock, Dorothy, English Historical Documents c.500-1042, second edition (Eyre Methuen/Oxford University Press, 1979).

Footnotes

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1 Clearly, this is the end of the clause concerning the matter of the bride being taken to a new land. For some reason the scribe has not indicated that a new clause, relating to the marriage ceremony, follows.

2 Implicit, perhaps, is that the ‘woman’ (‘wif’) is a widow; see Whitelock, p. 467.

3 Old English freond, ‘friend’, takes on the sense of ‘kinsman’ in certain contexts. Freond is used in the interlinear gloss of the Lindisfarne Gospels, corresponding to Latin cognatus ‘kinsman or relative by marriage’ (see DOE, frēond, 3; and DMLBS, cognatus, c).

4 The fosterlean, ‘payment for maintenance’ (DOE), appears to refer to a payment by the prospective husband that represents the cost to her parents of bringing up the woman as a child.

5 Whitelock, p. 468, offers ‘in lawful matrimony’.

Election of Avice as the first Abbess of Malling, b.1180

Transcription

198r (select folio number to open facsimile)

De subiectione et fidelitate abbatissę de Mellingis. _Die illa qua Gundulfus Rofensis
episcopus abbatiam de Mellingis dedit
sanctimoniali Avitię, eadem sanctimoni-
alis eidem episcopo, eiusque successoribus, et sanctę Ro-
fensi ęcclesię, iurauit fidelitatem, et subie-
ctionem, et quia nec per se, nec per aliam perso-
nam, praedictam subiectionem dissoluere tempta-
ret. Hoc autem facto sacramento, praedicta
Auitia episcopo firma et stabili conuentione
promisit, quia sine eius consilio et licentia,
in abbatia sibi data, priorem nec poneret nec
deponeret, nec ullam sanctimonialem reciperet
nec terram inde daret uel auferret. Huius
rei testes fuerunt isti audientes et ui-
dentes: Radulfus abbas belli, Orduuinus
prior, Paulinus secretarius, Alueredus, An-
dreas medicus, Arnulfus capellanus episcopi, Johannes, Goisfridus, Albericus, Odo, Berin-
garius, Willelmus subprior, Hunfridus, Ernegri-
nus, Hugo nepos episcopi, Willelmus iuuenis, Radulfus clericus, Ansfridus clericus, Godar-
dus clericus, Rodbertus camerarius, Hugo came-
rarius, Ansfridus dapifer, Hunfridus porta-

198v

rius, et alii plures.

Translation

See Translation Notes

Concerning the subjection and fidelity of the abbess of Malling

On the day when Gundulf, bishop of Rochester, gave the abbey of Malling to the nun Avice, the very same nun swore fidelity and subjection to the very same bishop, his successors, and the holy church of Rochester, because she would not be persuaded, either by him or by another person, to dissolve the aforesaid subjection. Moreover, with this oath made, the aforementioned Avice promised to the bishop, by firm and stable covenant, that without his counsel and authority having been given to her in the abbey, she might neither appoint nor depose a prioress, nor accept any nun, nor grant or obtain any land thenceforth.

These were the witnesses, hearing and considering the matter: Ralf the excellent abbot; Ordwin the prior; Paul the secretary; Alfred; Andrew the doctor; Arnulf the bishop’s chaplain; John; Geoffrey; Albert; Odo; Bérenger; William the sub-prior; Humfrey; Arngren;² Hugo³ the bishop’s nephew; William the young; Ralf the priest; Ansfrid the priest; Goddard the priest; Robert the chamberlain; Hugo⁴ the chamberlain; Ansfrid Dapifer;⁵ Humfrey the porter; and many others.

Footnotes

1 Malling Abbey was founded towards the end of the eleventh century, likely after 1090. A charter confirming the foundational grant of land was made during the reign of William II (Rufus), r. 1087–1100, and was witnessed by Ranulf Flambard, bishop of Durham, r. 1099–1128. The completion of the foundation and appointment of Avice cannot be ascertained with absolute confidence, though we can say she was appointed before bishop Gundulf’s death on 7 March 1108. William Dugdale suggests she was appointed when Gundulf was dying: Monasticon Anglicanum: A History of the Abbies and other Monasteries, etc. in England and Wales, vol. 3 (London, 1846), p. 381, n. g. The main scribe copied this document into Textus Roffensis around 1123. More information on the Benedictine abbey of Malling, including a list of the abbesses, is online here [accessed 12 December, 2017], though note the mistake regarding the founding of the abbey ‘towards the end of the twelfth century’, when clearly the ‘eleventh century’ was intended.

2 Tentative Anglicised spelling of Ernegrinus.

3 Or, Hugh.

4 Or, Hugh.

5 Or, the steward.