Journal of Philosophy and Ethics Volume 1, Issue 4, 2019, PP 13-29 ISSN 2642-8415

Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry

Dr. Albrecht Classen* University Distinguished Professor, Grand Knight Commander of the Most Noble Order of the Three Lions (GKCL), Director of Undergraduate Studies, Dept. of German Studies, Tucson, The University of Arizona, USA *Corresponding Author: Dr. Albrecht Classen, University Distinguished Professor, Grand Knight Commander of the Most Noble Order of the Three Lions (GKCL), Director of Undergraduate Studies, Dept. of German Studies, Tucson, The University of Arizona, USA, Email: [email protected]

ABSTRACT Pre-modern literature offers powerful examples of unethical behavior, especially treason, which was regarded both through a legal and a theological lens and severely condemned by those suffering from it. Its full history is still waiting to be written, but the present article already offers some critical avenues into this complex field which depends heavily on the political, economic, and religious conditions at the time when the alleged treason takes place. We observe, in particular, the strong emphasis on treason as a catalyst for catastrophic consequences in medieval heroic epic poetry. After a broad overview of the legal and literary discourse on treason from the Middle Ages to the age of the Baroque, this article examines „classical‟ works from the Middle Ages such as the Nibelungenlied, the Chanson de Roland, and Njáls Saga. Keywords: treason, Middle Ages, early modern age, Nibelungenlied, Chanson de Roland, El Poema de Mío Cid, Njáls Saga, early modern encyclopedias

INTRODUCTION A comparative analysis of this topic, ‗treason,‘ will thus allow us to gain a deeper understanding Hardly any motif appears as often in medieval of fundamental ethical and legal concerns as and early modern literature as ‗treason,‘ although discussed especially by poets of heroic epics and there is surprisingly little critical reflection on this courtly romances, and this in close parallel to phenomenon in the relevant scholarship. For contemporary law books and legal treatises. Of instance, treason proves to be a ubiquitous theme course, the phenomenon itself was determined in Shakespeare‘s plays,1 and so also in the by many different factors, and each text mourning plays by his near contemporary highlights, so to speak, another aspect relevant Andreas Gryphius, not to mention many other for the discourse on treason, as we might say tragedies composed throughout time. But this is more globally speaking. The entire world of not at all limited to that genre and that period, as courtly love, erotic literature, and the like knows countless examples from medieval and early of numerous cases of treason, adultery and modern literature, politics, and law indicate subsequent murder/manslaughter by the jealous most convincingly. Etymological research has husband, for instance, as a punishment of the long confirmed how much people throughout wife‘s action, but here I want to probe the times, hence also poets and artists, have been meaning of treason primarily within the heroic concerned with the issue of treason.2 From early genre because a true hero emerges particularly on in antiquity, the legal discourse has always at that point in time when s/he faces an extreme included the case of treason directed against a form of treason and has to struggle hard against lord or an entire army (Tacitus, Germania ch. many odds.4 12). Treason was identified in many early medieval Germanic laws as a severe breach of all However, I also want to embed the literary loyalty and personal commitment and was analysis into the historical and legal context and punished by hanging and loss of all property. thus gain solid evidence for the fundamental Since the time of the Frankish rulers, treason discourse on treason in many sectors of pre- increasingly pertained primarily to the relationship modern society. Consequently, I will first examine between the king and his vassals.3 the larger issue from a historical, cultural, but

Journal of Philosophy and Ethics V1 ● 14 ● 2019 13 Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry also discursive perspective, before I will focus definition of treason is thus critically contingent on a selection of heroic poems. and reflects the political structure and ideology, as much of the relevant chronicle literature TREASON AND LEGAL HISTORY concerning wars, political conflicts, and religious Some historians of medieval law have already tensions indicates.11 examined this issue in relative details, and have Consequently, focusing on treason allows us to highlighted the multifaceted character of this 5 identify the essential discourse at any specific problematic term, treason, but its great relevance time, and we can thus easily move from the for medieval culture and literature at large history of law to cultural history because poets proves to be a significant desideratum, which 6 have regularly embedded cases of treason, as this article intends to address. Each of the they perceived it, into their narratives, and used examples chosen for this study has already been treason as the foil for their protagonist to rise investigated by numerous scholars dealing with above the crowd and to display his innocence or a large variety of thematic approaches, but only brilliance, unless the traitors triumph altogether.12 the comparative analysis will allow us to gain a better understanding of the universal concern TREASON IN THE MIDDLE AGES with the topic of ‗treason,‘ which was apparently Altogether, the charge of treason represents one of fundamental concern for pre-modern, but of the strongest possible against any individual certainly also for modern society. who has allegedly undermined the fundamental DEFINITION bond of loyalty and mutual trust that represents the basic glue that holds all parts of a society or Treason itself is not easy to define and needs to community together, which was, of course, of be viewed from many different perspectives, central importance in the Middle Ages which much depending on the context within the were determined, above all, by feudalism and narrative and material framework. This was the personal commitment of a vassal to his lord.13 already the case in the pre-modern world when And yet, without entering any contemporary the courts had to struggle hard to come to terms polemics, we are only too aware today of how with this issue, which was often highly contested topical the charge of treason continues to be and debated from many perspectives, as the case 7 since numerous people in many parts of our of England illustrates above all. As Richard world are being taken to court for allegedly Firth Green observes, ―In the late fourteenth having committed that crime, which undermines century, the complex Middle English word or even endangers, at least according to the legal trouthe, which had earlier meant something like charge, the well-being of an entire country. ‗integrity‘ or ‗dependability,‘ began to take on its modern sense of ‗conformity to fact.‘ At the Only recently, a team of researchers has come same time, the meaning of its antonym, tresoun, together to explore the issue of treason more began to move from ‗personal betrayal‘ to ‗a closely by applying a medieval lens, which crime against the state.‘‖8 promises to shed more light on the sensitive questions involved and provides already significant Treason is a highly political issue, and those broader confirmation for the observation of how who liberate a country from its dictator, for much ‗treason‘ as a topic mattered within the example, or at least attempt to achieve that goal, literary discourse throughout time.14 The such as Claus Schenk von Stauffenberg who contributions reveal, however, the complexity of attempted to assassinate Adolf Hitler in 1944, the matter and the easy, hence almost slippery are either identified as national heroes or as applicability of the term ‗treason‘ to many traitors, all depending on the outcome and different situations and conditions, such as the consequences of their efforts.9 In fact, recent breaking of feudal bonds, marital commitments, political opinions voiced by representatives of and pledges of friendship. Treason easily defies the right-wing faction in Germany tried even to our efforts to define it specifically, and much cast von Stauffenberg as a villain who betrayed depends on the circumstances. the German Reich and its Führer.10 Since the rise of Donald Trump to the presidency of the Treason concerns the legal, the political, the United States in 2017, the public has been ethical, the moral, and the religious dimension, bitterly embroiled in charges and counter- so we can recognize here a central concern for charges of treason, so the issue at stake is of all societies; hence also for the medieval world.15 central importance in politics, the law, ethics, ―Bisclavret‖ by Marie de France (ca. 1190) and sociology, both past and present. The illustrates, for instance, the catastrophic

14 Journal of Philosophy and Ethics V1 ● 14 ● 2019 Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry consequences when the husband hides a terrible TREASON IN THE MIDDLE AGES AND secret—he regularly turns into a werewolf — BEYOND: HISTORICAL AND RELIGIOUS and is eventually forced by his wife to reveal it. PERSPECTIVES She is so frightened that she betrays him by having his clothes taken by another knight, There would be hardly any culture around the which condemns him to stay a werewolf, an globe where treason would not have presumably outcast of courtly society.16 This clearly constitutes occurred at least once (whether it actually a case of marital treason. Little wonder then that happened or whether it was only claimed to a didactic writers such as Hugo of Trimberg have occurred), or where treason would not included numerous references to treason in his have been addressed by legal authors, poets, or 22 voluminous moralizing Der Renner from the historians. Both medieval and modern writers 17 have extensively engaged with treason, but the end of the fourteenth century. The author 23 offers sharp, often biting criticism of virtually theme still awaits its more thorough examination, here disregarding some specialized historical everyone in his society and outlines in drastic 24 terms what appears to be wrong in his world. studies. Of course, there are some brief entries Hence, he has much to say about treason as he in relevant dictionaries and encyclopedias, but a 25 observes its impact on people‘s lives many fully-fledged study remains a desideratum. 18 times throughout his work. We find numerous Already the New Testament engaged critically comments on treason also in the popular with treason through the figure of Judas, without fifteenth century Book der Beispiele der alten whose ‗treacherous‘ action Christ‘s Passion would Weisen, translated by Antonius von Pforr from not have occurred, as some writers already in the Latin version of a much older source by John antiquity have opined.26 Subsequently, many of Capua (Directorium), which can ultimately be medieval law books clearly identified treason as traced to ancient Persian and Sanskrit texts. tantamount to murder (Sachsenspiegel 2, 13, 4) Friends and rulers are here identified as those because the perpetrator committed his/her act who are easily victims of treason and are hence with the same mean spirit and the intent to hurt reminded to stay loyal and to resist the temptation or kill. The Low German author, Eike von 19 to commit this crime. Repgow, laconically lumps the traitor together OUTLOOK: TREASON IN HEROIC EPICS with all murderers, major thieves (of plows, mills, churches), and arsonists, including those Here I want to argue in particular that treason was who abuse their authority for their own actually a fundamental topic for the composers advantage.27 Their punishment was that they of medieval epic poems, and some romances as should be broken on the wheel, a gruesome well. Heroic literature, above all, appears to be death, but obviously fitting the crime. If a traitor critically predicated on the problem of treason, robbed the victim only of his/her property, it as the evidence from across medieval literature was categorized accordingly as theft (Augsburg can confirm. Studied from an individual City Law 30.3). For the authors of the Bamberg perspective, it seems almost self-evident that and the Freiburg i. Br. city law, treason was treason emerges so commonly in pre-modern grouped together with illegitimate enrichment, texts, such as in the Old French epics and robbery, and bribery. Treason was particularly romances. Virtually all narratives dealing with condemned when there was a special bond the mythical figure of Charlemagne, normally an between the traitor and the victim, such as in the idealized character of almost divine status, for case of an inn-keeper cheating on his customers, instance, incorporate also references to treason or parents abusing their children or, even worse, because it appears as the absolute counter foil to handing them over to a customer for sexual the glorification of this famous ruler.20 Treason pleasures. does not necessarily imply any kind of political Betraying one‘s lord, the crimen laesae maiestatis, weakness on the part of the victim, commonly constituted the worst type of crime and was the ruler, but by the end of the Middle Ages, persecuted in the strictest and most cruel fashion numerous prose novels, such as those by (again, breaking on the wheel and burning at the Elisabeth von Nassau-Saarbrücken or Duke stake, if not boiling to death or quartering). For Johann II of Simmern indicate quite curiously knights, criminal actions such as rape, theft, and that the traitors at court of Charlemagne exert assassination constituted a form of treason and most dangerous influence and know how to was punished accordingly.28 Undoubtedly, victimize either the king himself or his wife, or whoever identified an opponent as ‗traitor,‘ his most loyal supporters.21 leveled serious charges and demanded justice

Journal of Philosophy and Ethics V1 ● 14 ● 2019 15 Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry and revenge, and this from biblical times until respective articles were composed, certainly today.29 Traitors do not only hurt their personal move us far beyond the Middle Ages. victim, but the people altogether. Nevertheless, as encyclopedias, here we are Already since the early Middle Ages, in the presented with insightful summations of how process of adopting Roman Law, medieval legal the crime of treason was viewed and handled at authors discussed treason, especially when it that time and earlier, which undoubtedly reflects was directed against the person of the ruler, as a traditional knowledge deeply embedded in the most critical issue with severe consequences. modern approach pursued by those authors. For John of Salisbury, treason proved to be a Encyclopedias summarize, digest, review, and most dangerous attack against the king, or the paraphrase, so in a way they are backward authorities at large, when he wrote his famous mirrors and as such can be usefully employed treatise, Policraticus, sometime at the end of the for the study of medieval cultural history. twelfth century. Some of the major law books in Zedler, above all, refers to a variety of historical the German Holy Empire deeply engaged with cases, so we can draw from his ruminations as a this crimen laesae maiestatis, were the Constitutio very late reflection of the relevant discourse Criminalis Bambergensis (1507, art. 32), the from the Middle Ages to his time.34 Constitutio Criminalis Carolina (1532), and the 30 Zedler, for instance, in the article on the traitor, Golden Bull (1356). In short, those individuals refers his readers to the legal stipulations imposed with authority who were confronted with the by Emperor Charles V regarding the lèse majesté phenomenon of treason were required to (1605), then to an example provided by the establish law and to decide on how to define Roman Emperor Augustus (1605-06), and treason in whatever context. For a number of finally to a case at the court of the sixteenth- reasons, English law was more detailed and century Archbishop of Cologne (1606). He also specific regarding the crime of treason since the does not hesitate to consider the treason that was late Middle Ages, as best illustrated by issuance committed against the eighth-century Bulgarian of the Statute of Treason in 1352, compared to King Telericus; all of whom suffered from the respective discourse on the Continent, but betrayal by some of their councilors and this does not mean at all that there were less advisors, always high-ranking individuals, who cases of treason or less efforts to issue relevant all had previously received rich gifts from the 31 laws to persecute the perpetrators. ruler and yet demonstrated their weakness of THE ENCYCLOPEDIC VIEW BACKWARDS: character (1606). EARLY MODERN EVIDENCE FOR MEDIEVAL Almost like a romance or chronicle author, STUDIES Zedler goes into many details and outlines the causes and reasons for the treasonous behavior In order to gain a fuller understanding of of a French courtier and presents to us an almost treason, as it was perceived by medieval poets, I entertaining narrative with significant political suggest to pursue at first an unusual approach. implications, warning the reader about the grave As far as I can tell, the great medieval crime of treason, especially against the king encyclopedists, Isidore of Seville (560-636) and himself, as many other historical examples are Thomas Aquinas (1225-1274), examined the supposed to undergird. The author easily moves nature of law as well, but did not enter into a from Greek antiquity to the fifteenth century, specific discussion of treason. In order to examine and then also takes into consideration cases a backward perspective, I will first examine two of from his own period, always illustrating the the most comprehensive encyclopedias published devastating consequences of treason in political in the eighteenth century, that is, Johann Heinrich terms as the historical examples confirm. Zedler Zedler‘s monumental Grosses vollständiges comments, in particular: Universal-Lexikon (the relevant volume appeared in 1746),32 and the famous encyclopedia Man siehet hieraus, daß die Staats Kunst vieler published by Jean le Rond d‘Alembert and Printzen etwas unvollkommenes an sich habe. Denis Diderot, the Encyclopédie ou dictionnaire Sie thun alles, um ihre Unterthanen einander raisonné des sciences (1752-1772).33 Of course, abspänstig zu machen, sie geben den Verräthern we might wonder how these major reference Aufenthalt, sie beschützen die Aufrührer und works, typical products of the Enlightenment sehen nicht, daß dieses eine schöne Lehre der era, would possibly help us in coming to terms Empörung und eine nahe Hoffnung der Hülffe with this critical issue, treason in the Middle für ihre eigenen Unterthanen ist. Dieses Ages? The rationalist principles by which the Verfahren kommt daher, daß man nur auf das

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Gegenwärtige sieht; denn, wenn man an die admits, in war, treason could be utilized as a künfftigen Folgen gedächte, so würde ein Printz successful strategy to win over the enemy, if nimmermehr zu dem besten der Rebellionen carried out skillfully (1625). But he qualifies einen Pfennig, oder ein Wort verlieren. Die this himself, emphasizing that even if treason Verräther aber würden sich nicht zu einer so itself should not be praised, it could be useful in gefährlichen Handlung begeben, wenn sie war if committed by means of monetary bribery, allezeit bedächten, was sie entweder von dem, which then would help to save many people‘s welchem sie mit ihrer Verrätherey zu schaden, lives (1626). To illustrate the dialectics in this oder von dem, welchem sie damit zu dienen matter, he formulates: ―Ich liebe die Verrätherey, suchen, ja, wenn beydes nicht geschiehet, von und hasse den Verräter. Ob nun aber gleich eine dem gerechten Verhängniß des Höchsten vor jede Parthey der andern durch Verrätherey zu einen Lohn zu gewarten haben. (1611) schaden suchet, so haben doch die Verräther gar selten glückliche Umstände zu erwarten‖ (1626; [You can see from this that the political skill of I love treason, and hate the traitor. Even when many princes appears as somehow limited. They each party is trying to cause damage to the other try everything to pit their subjects against each by way of treason, the traitors can rarely expect other; they provide a save haven to traitors; they to experience fortunate circumstances). Many of protect the rioters; and they do not see that this them ultimately suffered a horrible destiny is a good lesson for how to do a coup d‘etat and because their evil acts were revealed, leading to provides realistic hope for their own subjects (to their own execution (1637). rise up against them). This method is the result of a short-sighted method to consider only the We can conclude at this point with the present time. If a prince were to think of the observation that Zedler demonstrates an future consequences, he would never lose a enormous interest in this phenomenon and penny in support of the rebels, or would say a offers numerous sub-categories of treason, word helping them. By the same token, the referring to different categories of this ‗crime,‘ traitors would not pursue such a dangerous to various approaches to the act of treason, and action if they were to consider all the time the to means to carry out treason. The number of outcome of their treason, or keep those in mind historical cases from antiquity to the eighteenth whom they try to serve. If they do not do either, century is simply legion, and there is a clear they will be punished by the Highest and receive impression of how much he detested treason and their appropriate reward.] argued most vehemently against its practice although sometimes in the case of war it might He warns, however, also of the danger not to be a necessity. believe any kind of accusation of treason without listening to all witnesses and allowing With respect to treason, the Middle Ages were the accused to defend himself, as illustrated by a fully present to this author, and he did not draw case in Venice where a nobleman became a any historical distinction separating the age of victim of such malignment and was executed, Reformation from the Baroque or Enlightenment. although he was innocent. As Zedler then Treason was treason, at any time period, at any concludes: ―Es hat zu allen Zeiten solche böse social level, and under any political circumstances. Leute gegeben, die, entweder aus Haß, oder um For him, to discuss treason and to illustrate its schnöden Gewinstes willen, andere verunglimpffet, effects by means of historical examples from oder schwerer Laster beschuldiget haben‖ throughout the various times was of extreme (1618; At all times there have existed such evil importance. Considering the vast number of people who, either out of hatred or with the references included here, we notice a full discourse purpose of making a crude profit, malign others on treason, which was ultimately summarized or accuse them of sever misdeeds/vices). and almost codified by Zedler. Although he was a very late testimony, his encyclopedia thus still In the article on treason itself as a historical proves to be most valuable for our analysis of phenomenon, the author identifies it as ―eine treason in the Middle Ages.35 derer grausamsten und schändlichsten Sünden‖ (1623; one of the most cruel and damaging D‘Alembert and Diderot were certainly also sins), and, quoting Xenophon, comments that it aware of this crime, ―trahison,‖ probably because is ―viel abscheulicher und schädlicher, als alle they wanted to be comprehensive in their Feindes Boßheit‖ (1623; it is worse and more treatment of human affairs, but they surprisingly despicable than any evil deed that an enemy kept their entry almost at a minimum, at least could do). On the other hand, as Zedler also compared to the efforts by Zedler. Here we find

Journal of Philosophy and Ethics V1 ● 14 ● 2019 17 Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry one entry on ―Trahison (morale).‖ The crime is phenomenon. If ‗treason‘ continued to be of defined in general terms: ―perfidie, défaut plus virtually central concern for eighteenth-century ou moins grand de fidélité envers sa patrie, son encyclopedists, then we can be certain that it prince, son ami, celui qui avoit mis sa confiance mattered just as much or even more in previous en nous‖ (522; perfidy, more or less lacking in periods, especially for poets dealing with fidelity towards one‘s own country, prince, military and political affairs. We would not need friend who has placed his confidence in us). to consider the vast body of medieval legal texts Treason committed against the king or the state where treason as a crime emerges commonly, as 36 (―l‘état‖) would be a most severe crime, against scholars have unearthed already for some time. which the French King Charles IX issued edicts THE HEROIC GENRE AND TREASON in 1562, 1568, 1570, 1580, 1588, and 1598. The author is not aware of or not interested in going Following, I will examine the Old Spanish El further into the past. However, beyond those Poema de Mío Cid (ca. 1000), the Old French legal and political comments, this encyclopedia Chanson de Roland (ca. 1100), and the Middle keeps the entry very short and does not offer High German Nibelungenlied (ca. 1200), and additional historical examples, as Zedler does. also touch on some Icelandic sagas and related But there are clear details. Treason committed texts where treason also emerged as important by aristocrats is punished by decapitation, while topics that obviously deeply troubled the various commoners are broken on the wheel (―roue‖). poets. All of these texts are well known and have been discussed from many different Treason against the king (―lèze majesté‖) meets 37 perspective. Nevertheless, by isolating this even worse punishments (523). As is often case particular motif, I hope, that the comparative even in modern studies of the history of law, the analysis will allow us to recognize a critical legal conditions in England receive particular element commonly shared by poets of heroic attention. Murder of one‘s marriage partner, epics.38 Could we perhaps go so far as to claim parents, children, or lord is called ―petite trahison‖ (523). The author leaves no doubt at that the true hero emerges only when all all about how detestable treason proves to be fundamental bonds of loyalty are broken or are under any circumstances, but he formulates the in danger of being lost, so the protagonist must rather ambiguous statement: ―Ceux-là même qui enter the fray in order to recover the world as it employent la trahison pour le succès de leurs used to be? projets, ne peuvent pas aimer les traitres‖ (522; To some extent, even the Old English Beowulf Those who employ treason to gain success in might be regarded through that lens as well their project cannot love the traitors). Here the because the protagonist arrives at a time when example of King Philip of Macedonia is cited to all hope seems to be lost for the Geats, offer an explanation. Committing treason against apparently due to their own weakness within, the king or the country is a crime committed by and only the outside savior can achieve the those qui entrent dans quelque association, desired goal of getting rid of the monsters, intelligence, ligue offensive ou défensive, contre la Grendel, and later his mother. Where would personne, autorité & majesté du roi, soit entr‘eux treason rest, however, since no one seems to ou avec autres potentats, républiques & operate behind Beowulf‘s back and betray him communautés étrangeres ou leurs ambassadeurs, in the specific sense of the word? Grendel operates soit dedans ou dehors le Royaume directement more or less as an open enemy, committing ou indirectement par eux ou par personnes cannibalism, thus perverting all heroic values interposée, verbalement ou par écrit. and destroying the basic bonds between people [who enter any kind of association, intelligence and their natural environment. It would not be group, offensive or defensive league, against the treason in the ordinary sense, but Beowulf can person, authority and majesty of the king, either only fight against these monsters, including the by themselves or together with other potentates, dragon, because they have perpetrated the worst republics, and foreign communities or their of crimes and literally betray mankind through ambassadors, from outside or inside of the their vicious operations. There is no word about kingdom, and this indirectly or indirectly, by treason as such, but the fundamental struggle themselves or an intermediary person, in written indicates that profound danger is at stake for or verbal form.] society at large, a danger which is normally This then invites us to consider more in detail present only as the consequence of treason, here how major medieval poets commented on this understood in metaphorical terms.39

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Granted, there are no traitors in explicit terms at perceives himself as betrayed and thus orchestrates Hrothgar‘s court, despite Unferth‘s criticism of the ambush, for which he is richly paid by the Beowulf‘s allegedly false claims on heroism, enemy. Despite the heroic efforts by Roland and and when Beowulf fights against the dragon, he the other Paladins, they are all killed, and deliberately leaves all of his men behind and Charlemagne arrives too late to rescue them fights on his own, apart from Wiglaf, but we after Roland had blown the horn to call him clearly sense that he has to fend for himself back. However, the emperor takes horrible against a superior force and could have survived revenge and achieves glorious victory, thus if his men would have helped him, as Wiglaf consolidating and strengthening his empire and 42 actually did. Similarly, when the blood wells up his own role as its ruler. from the bottom of the sea after Beowulf has Nevertheless, Ganelon‘s betrayal does not go killed Grendel‘s mother, Hrothgar‘s men abandon unnoticed, and in the court trial against him he the site, having lost hope to see the hero again is exposed as a most despicable traitor and is alive. His own kinsmen stay behind, against all subsequently executed in a brutal fashion by despondency, and are rewarded with witnessing being quartered. The narrator specifically their lord returning triumphantly like Christ identifies him as ‗traitor,‘ although he tries to having risen from death. defend himself by offering the counter-charge that Roland had tried to get him killed when he In short, there are numerous occasions where had nominated him as messenger to King Marsile treachery, deception, betrayal, and other problems (stanza 273 [Oxford], or 434 [Châteauroux - clearly emerge and characterize this poem as what Venice]). Both in the Old French and in the it is, an epic composition of a grand scale. Middle High German version, the poet takes a Granted, treason as such cannot be detected very clear position and resolutely condemns here, but Beowulf presents a ground work for the treason as the worst crime anyone could commit critical examination of how to evaluate the against his lord. Hence, Ganelon‘s terrible characterization of an individual in a hostile punishment is described as fully justified and world. The word ―treitre‖ for ‗traitor‘ does not presented as a severe warning against any seem to have emerged until ca. 1225, in Ancrene attempt to imitate such foul behavior.43 In the Riwle (Cleo. C.vi), 125 and in ca. 1230, in Hali Oxford version we are told at the end: ―Ganelon Meid. 9.40 Nevertheless, the entire account of is given over to terrible destruction; . . . / Beowulf is filled with charges and counter- Ganelon dies like a cowardly felon. / It is not charges, with political and military struggles right that one who betrays should boast of it‖ which are not simply pitting the protagonist (stanza 289, 3969-74). against the monsters, but against ethical and moral principles that remind us of those conditions that While the Old French and the Middle High later authors were to call ‗treason.‘41 German text differ in formal and substantive terms, with Konrad predicating his epic poem CHANSON DE ROLAND specifically on the idea of the crusade, while the The situation becomes much clearer, at least in French poet resorted to a more political, almost legal terms, in the Old French epic poem, the nationalistic perspective, both poems explicitly Chanson de Roland (ca. 1100, Oxford address the issue of treason and identify it as manuscript), which the Middle High German poet, one of the worst possible crimes an individual Priest Konrad, translated as Rolandslied (ca. could commit against the emperor. 1172). Here, the issue hinges on the efforts by the Nibelungenlied Muslim Caliph Marsile to deceive Charlemagne by way of pretending he would submit under his Leaving aside many modern approaches to rule and eventually convert to Christianity. In philological, psychological, ecocritical, or gender order to hurt the emperor, the Muslim army questions pertaining to the Middle High German attacks the rearguard led by Roland, and Nibelungenlied, one of the most discussed manages to decimate them altogether. They had heroic epics, we can easily identify treason as ambushed them in one of the valleys of the one of the central concerns for the medieval Pyrenees, Valles Roncesvalles, upon the advice poet.44 As is often the case in world literature, of Roland‘s father-in-law, Ganelon. The latter the shining protagonist, Siegfried, faces his had been sent by Charlemagne as mediator to nemesis, Hagen, who is also very powerful, but the court of the Muslim ruler, Marsile, but he has to substitute some of his opponent‘s superior strongly resented this task, for which his son-in- forces with cunning, treachery, and deception. law, Roland, had suggested him. Ganelon Hagen realizes immediately upon Siegfried‘s

Journal of Philosophy and Ethics V1 ● 14 ● 2019 19 Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry arrival that there is very little that he can achieve Hagen‘s betrayal deeply affects Kriemhild, against him, but he also perceives numerous whose subsequent rage ultimately will lead to opportunities to turn Siegfried‘s own strength the Armageddon of all of the Burgundians at against himself. When Gunther wants to woo Etzel‘s court, but Hagen does not betray so the Icelandic Queen Brunhild, which would be much the king‘s sister but to fight against his an impossibility really without Siegfried‘s help, super-strong male competitor whom he can Hagen suggests to his king that he should defeat only by means of treason. Once Siegfried functionalize the guest. The latter is easily has been killed, Hagen no longer faces any convinced despite his apprehensions because serious opponents, even though at the end not Gunther bribes him with the promise of letting even he can avoid the total slaughter in the final him marry his sister. battle, to which he and King Gunther as well will succumb through Kriemhild‘s machinations.46 In his usual ignorance and naiveté, Siegfried does everything in his power to win the competitions When we consider Hagen‘s normal modus in Iceland, deceiving the queen, making her operandi, we easily recognize that he is completely believe that Gunther had accomplished the determined by a recklessness that finds no athletic feats. This is the first time that we learn parallel. Treason thus simply belongs to one of about treason. The second time is when Siegfried the various strategies that he regularly employs. subdues Brunhild in the second wedding night Slaying the ferryman who had refused him a back in Worms, pretending to be Gunther once passage across the Danube, would not be again. Even though the latter had given his treason, but he had deceived him by pretending approval to ‗ready‘ his wife for himself, the to be another warrior, Amelrich. And when subsequent development clearly indicates that Hagen wants to test the truth of the prophecy by Siegfried betrays all trust which this woman the water nixies, while crossing the river along might have in heroic values. He even hands over with his lords and their vassals, he tosses the the evidence of his rape to his own wife, chaplain into the water and tries to drown him. Kriemhild, who later displays them to Brünhild Would this not be another case of treason, considering that the poor man had put all of his outside of the church in order to prove that the trust in Hagen and is now made to a miserable latter is nothing but a prostitute, having slept pawn in the hand of this violent warrior. with Siegfried first. Worse even, Kriemhild, who seemed to have All this, however, accumulates as critical mass, been such an innocent victim in the first part of and ultimately allows Hagen to step in and this epic poem, now emerges as a she-devil, convince the three royal brothers and their men willing to sacrifice all and everything just to that it is time to murder Siegfried. The reasons avenge herself. The invitation of her brothers to for his plot are complex and have been a court festival in the Hunnish kingdom thus discussed already many times. For our purposes, quickly proves to be a sham, a pretense because it suffices to realize that he betrays Kriemhild‘s she only wanted to get Hagen into her proximity trust in him so he can learn about the vulnerable and then to use all of her newly established spot on Siegfried‘s body, which later makes it might to have him killed in battle. Gunther and possible for him to thrust the spear into his his brothers easily fall for the trap and believe enemy‘s shoulder blade, thus killing him from that their sister appears to have forgiven them behind. for the murder of her husband (stanza 1460). Gunther thus reveals his own guilt and treason We are dealing here with cold-blooded murder, against Kriemhild, but he is naive enough to but it is carried out with a specific purpose to assume that the bonds with his sister would be support the case of King Gunther and his wife strong enough to heal the past wounds. Not so Brunhild, as Hagen argues. Of course, Hagen Hagen, and he explicitly warns against this also operates very much just by himself and is invitation because he knows only too well that most pleased about the opportunity to eliminate Kriemhild would never forgive him the murder his perennial nemesis, Siegfried. Yet, the royal (stanza 1461). But since Giselher begins to brothers‘ protest against his nefarious plan mock him for his assumed cowardice, Hagen proves to be rather meek, and the entire group of cannot help it and must join his lords on this trip men is actually little concerned with the ethical, into virtually certain death (stanza 1464). The moral, or legal implications of this treason, as traitor thus has to face off with the new enemy much as they pretend to be abhorred by the way who operates as slyly and brutally with treason how Hagen‘s strategy has evolved.45 as Hagen did.

20 Journal of Philosophy and Ethics V1 ● 14 ● 2019 Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry

Surprisingly, Etzel‘s vassal, the exiled warrior During the short time the new sons-in-law live Dietrich, eventually manages to overcome first at Rodrigo‘s court, they give several drastic Hagen, then Gunther, fettering both and taking examples of their cowardice and failure to live them to the queen, who actually promises him to up to the ideals of heroism. They are filled with spare their lives (stanza 2364). But as soon as fear and jealousy, so finally they decide to take she has an opportunity, she decapitates first their revenge by way of killing their own wives Gunther, then Hagen, thus betraying her own by way of whipping them to death with their pledge to Dietrich, for which the latter‘s vassal belts. This in famous scene in the forest, La Hildebrand slays Kriemhild (stanza 2376). The Afrenta de Corpes, has attracted much scholarly poet has not much to say beyond that, and only attention for good reasons,49 and in our context laments the bitter, catastrophic outcome, which we can highlight that the poet here deals with was the result of betrayal, treason, murder, and one of the worst forms of treason in which deception. Rarely has a medieval poet compiled husbands use their own wives to get at their so many negatives as the anonymous composer of father-in-law by way of deadly humiliation.50 the Nibelungenlied. But this is not simply a didactic verse narrative dealing with many Already early on when the king had proposed different human shortcomings. Centrally, there is that marriage (stanza 102, vv. 1905-06), the treason, in its various manifestations, and from assumption was only that this personal connection Hagen‘s murder, the extreme form of treason, would restore his honor, whereas emotional issues results a whole chain of events that lead to the do not matter. El Cid knows only too well that slaughter of the entire company of Burgundians, this is a bad idea, but he cannot resist, which along with the warriors at King Etzel‘s court.47 sets the stage for the Carrión brothers to orchestrate their treason because they really El Poema de Mío Cid object to their future father-in-class and reject Moving slightly backwards in time, we encounter him as socially not equal to them. Yet, they also most stirring examples of treason as nefarious know that they are not worthy of him and prove actions already in the Old Spanish El Poema de to be cowards and failures as warriors, so they Mío Cid (ca. 1000), where the protagonist—here can only resort to trickery, deception, and identified either as Rodrigo Díaz, as El Cid, or ultimately treason. El Campeador—struggles throughout the entire In fact, the two counts are more than self- epic against the consequences of treason.48 conscious about their humiliation and are Similarly as in Marie de France‘s Eliduc (ca. 1190), where false accusations have forced the looking for compensatory actions to get even protagonist to leave, Rodrigo Díaz suffers from with him (stanza 124). As much as they pride the same destiny and has to struggle for a long themselves being the descendants of the great time after he has been sent into exile to regain a counts of Carrión (v. 2549), and also believe public position, reestablish his fame as a military that they are ranked highly enough to marry leader, and constitute his own dominion in daughters of kings or emperors, that is, higher Valencia which he conquers from a Muslim ruler. ranked than El Cid‘s daughters, as much they He consistently keeps the king in mind, sends him reveal their low morality and lack of ethical enormous gifts and thus allows him to partake in standards. They do not leave any doubt about his conquests because he wants to prove his the true reasons for their murderous action, innocence and his continued vassalic loyalty. since they hope that thereafter no one would All this would have worked out at the end if El ever talk again about their coward behavior in Campeador would not have encountered treason the scene when the lion was lose and they both once again, this time from the two brothers, the hid out of sheer terror (v. 2548). In other words, counts of Carrión. Although it does not become these counts are filled with arrogance, hubris, completely clear, we can assume that they must and greed (for El Cid‘s gold) and can only resort have been involved in El Cid‘s earlier malignment, to vicious, shameful, and criminal behavior, but now they pursue their evil plans by aiming victimizing their own wives in order to wipe out at his personal honor. They can convince the the memory of their personal failure. king that they deserve Rodrigo‘s daughters as The only blame we could place on El Cid is that their wives, which then is realized despite the he had accepted them as his son-in-laws in order father‘s subtle objection. El Cid cannot really to please the king, and that he had trusted them object to the king‘s wishes who is subject to the fully, handing over not only his two daughters, two counts‘ influence.

Journal of Philosophy and Ethics V1 ● 14 ● 2019 21 Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry but also great wealth and even his mighty representatives of the Carrión, whom he actually swords, Colada and Tizón. He acts in good faith, calls ―canes traidores‖ (stanza 139, v. 3263; perhaps too excessively, and makes every effort treacherous dogs), and blames for most inhumane to enrich and respect the two young counts. treatment of his daughters: ―por quanto les However, the more Rodrigo tries to achieve the fiziestes menos valedes vós‖ (v. 3268 ; What goal of establishing a harmonious family you did to them was shameful, infamous). relationship, the more the subsequent treason by One of the two counts, Fernando González, tries these two men proves to be truly heinous, both his best to pull the rank card and to dismiss El considering how violent and gruesome they Cid as not worthy of his own family, pretending behave against their wives, and keeping in mind that it was their right to desert their wives as not how much they utilize this strategy to hurt their noble enough for them (stanza 142). Only then hated father-in-law. Ultimately, everything hinges does Rodrigo Díay call upon his liege man on the question of what constitutes truly ethical Pedro Bermúdez to speak up who then finally behavior within a warrior society, and how and publicly reveals how much Fernando had social roles matter in terms of heroic ideals and demonstrated cowardice in battle (stanza 143) military accomplishments.51 While El Cid was and that he had fled from the lion (stanza 144), able to triumph over the old forces through his once again a sign of his lack of worth as a man achievements on the battlefield, the latter resort and as a count, thus being unworthy of being El to treachery and deceit, that is, ultimately treason. Cid‘s son-in-law. Further, Pedro emphasizes However, as the outcome indicates, in a lengthy that as to El Cid‘s two daughters, Fernando‘s court trial that concludes with an ordeal in which action against them destroyed his own honor; all of El Cid‘s four warriors win over their and the subsequent ordeal with jousts then opponents, the evil characters are all defeated proves this point most drastically. and treason is punished the way as it deserves to The other count, Diego Gonçalez, tries to argue be. This trial is possible because El Cid places the same way, belittling their former wives and all responsibilities on the king‘s shoulders since insisting that the attempt to murder them earned he had requested this marriage arrangement them the highest honor: ―ondrados somos nós‖ (stanza 133). Justice needs to be reconstituted, (stanza 145, v. 3360; earned us tremendous not only for El Cid, but for the king and thus for the entire kingdom. The charge of treason thus honor), but he is countered by another one of El quickly moves from a personal issue to a matter Cid‘s warriors, Martín Antolínez, who reminds him of national importance, as the king soon agrees, of his shameful cowardice in the episode with the calling for an assembly of all of his nobles, lion. Consequently, the two women hold higher threatening the entire Carrión family with exile honor than their former husbands (stanza 146, v. from his lands if they would not join and stand 3369; evil and traitor). Finally, the third one of in trial (stanza 135), meaning that they would the Carrión clan speaks up, but he is already finally suffer from the same destiny which they drunk and babbles, insulting El Cid in a crude initially had imposed, unjustly, on Rodrigo manner, which earns him the utter contempt by Díaz. The parallels with the situation in the Muño Gustioz, who calls him ―malo e traidor‖ Chanson de Roland are obvious. (stanza 149, v. 3383). Finally, Minaya Alvar Fáñez speaks up and condemns the Carrións Interestingly, in preparation for that trial, El Cid even further, challenging them to battle because takes with him not only hundred of his best he holds them as ―malos e por traidores‖ (stanza men, but also legal counselors, thus being ready 149, v. 3442), which then sets the stage for the for all eventualities because they accuse some combats. Those are all decided in favor of El higher-ranked individual or an entire dynasty of Cid‘s men, who can thus prove that the Carrións treason, which requires much argumentative have lost their honor and indeed can be skill, power, and wit (stanza 137). Accordingly, identified as traitors. The epic poems concludes he plans his arrival in Toledo carefully, with this outcome of the court trial and the orchestrating it with all the necessary glory and triumph of Rodrigo Díaz and his men, who have humility at the same time, always making sure thus defeated the malicious, heinous, deceitful, that the king understands the respect which El and arrogant opponents for good. Justice returns Cid constantly pays to him. He is very careful in not pressing the charges too fast, and he succeeds to this world, but the price El Cid, his daughters, in gaining back first his two swords, then his and his men had to pay was huge. money as a dowry, and then finally reward As the epic poem clearly underscores; honor through duels pitting his best men against the proves to be the highest ideal in a heroic society,

22 Journal of Philosophy and Ethics V1 ● 14 ● 2019 Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry but treason is never far away from bringing ‗treason‘ in the traditional sense of the word, but down even the best protagonists. The narrator she certainly acts in an evil manner to get at thus presents a poem of great drama and Njáls and to destroy his friendship with her amazing knightly accomplishments, where husband. When Gunnar later has learned the treason emerges as the critical counter force to truth, he tries to amend this with a fair judgment honor. El Cid is successful, of course, but only on his own, but the evil Skammkel advises the because of his very careful operations in public victim, Otkel, badly, which undermines Gunnar‘s and private, his intelligent strategies, and crafty best efforts, who clearly observes how the other diplomatic moves, never overstepping his own man is manipulated and deceived: ―some men boundaries, always paying full respect to the will say that you cannot see where your honour king, and making sure that the claim of treason lies if you turn down the choices I have offered‖ concerns the king, above all, and not fully (85). Indeed, as Otkel‘s wife clearly notices, this himself. Treason, in other words, is ultimately Skammkel misleads his lord maliciously: ―It‘s identified as a matter of grave concerns for the bad to have a scoundrel for a best friend‖ (85). entire country. Insofar as the king recognizes El Those omens soon prove to be true because the Cid as his must trustworthy vassal, he is slave replaces Otkel in inquiring with the two prepared to accept the challenge and thus wise men Geir the Godi and Gizur the White, pursues the Carrións in this large court trial with who both confirm that Gunnar‘s offer should the full force of the law. In this sense, quite have been accepted. On his return, however, oddly, the older El Poema de Mío Cid seems to Skammkel changes the advice to its opposite, be considerably more advanced in cultural- which makes the entire situation worse (86) and political terms compared to the Nibelungenlied, requires a large summon at the Thing, where which concludes in utter chaos and destruction. Gunnar is finally given the opportunity to make THE ICELANDIC EVIDENCE a self-judgment that then settles the entire case. But treason rests behind the entire affair, and it Njáls Saga would almost have destroyed many of the social Finally, let us examine the issue of treason also bonds if not Gunnar had been reasonable and within the context of the Old Norse saga, such listened to Njáls‘s advice (88-89). This saga is as in Njáls Saga, which represents both the deeply concerned with the well-being of this heroic tradition and also mirrors deeply the new community in Iceland, and confronts us emergence of new law in Iceland.52 It would be with numerous cases where all authorities are difficult to identify a specific, major type of challenged by outsiders or insiders, where treason occurring here, but the narrative engages hatred erupts and targets individuals or whole with countless challenges to the law, to the groups, and where military aggression is thinly protagonists, to ethical ideals, to friendship, and matched by attempts to set up new legal the common good. Shortly after Gunnar and frameworks and political bonds aimed at insuring Njál have sworn eternal friendship, for instance, that peace and justice can be established and we learn of the evil Mord Valgardsson: ―He was maintained. Treason, however, regularly enters cunning and malicious. . . . He was very envious the picture and threatens to undermine all efforts of Gunnar of Hlidarendi‖ (79). Immediately by Njáls, Gunnar, or other protagonists. following, we are told of the evil Skammkel: Just as in the case of the Chanson de Roland, ―He was malicious and untruthful, overbearing entrapment and ambush are common strategies and vicious to deal with‖ (79). Although there is to get even with a hated opponent, but Gunnar, a consistent narrative, the overarching character who is the one the enemies try to get at, knows of this saga consists of injecting and combining how to defend himself and kill many of the various elements, presenting us with a rich attackers (92-93). However, hatred and envy fabric of various accounts of good and evil, continue to simmer, and violence is the result, virtues and vices. This Skammkel, for example, which intensifies in the course of time, proves to be a troublemaker and instigator of ultimately amounting to a real blood feud. At treason, so when he attempts to convince Otkel the same time, Njáls manages for a long time to ―to act meanly‖ (80). intervene, to calm down the minds, to suggest There are plenty of evil female characters as alternatives, compromises, new laws and legal well, such as Hallgerd, Gunnar‘s wife, who structures, so, altogether, to maintain peace (e.g., sends her slave Melkolf to Kirkjubaer to steel 97), but even he is not strong and wise enough to food and two horses, and to burn down the shed prevent the violence altogether because it often to cover his tracks (81). She does not commit amounts to an indirect case of treason.

Journal of Philosophy and Ethics V1 ● 14 ● 2019 23 Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry

There are always some new ―trouble-makers‖ publicly about their accomplishments, whereas (98), and they take sides, or pursue their secret the outcome of this battle is viewed rather agendas, provoke the others and make them negatively: ―The slaying of Gunnar was spoken trust too much on their own strength, thus they badly of in all parts of the land, and his death create rifts within society, which altogether brought great sorrow to many‖ (129). If we almost amount to a deeply unsettling form of identify here the case of treason, which is really disrespect and lack of authority, which even not far off, then we have evidence that the Njáls Njáls cannot get compensated through settlements Saga contributed in similar terms to the discourse or taken care off by the other leaders of his on treason as the other heroic epics. After all, society, here often called ―good men‖ (111). irrespective of the various definitions of the Wherever we look, the poet presents to us a term, they all boil down to a vicious, illegal, constant stream of accounts about individuals unethical, and brutal behavior with catastrophic who plot against Gunnar and to bring him down, consequences. The heroic protagonist has to if not by violent acts, then by legal procedures, succumb to his death, but the traitor is ultimately such as Thorgeir Starkadarson and his kinsman identified as the culprit and punished as well, as Mord (112-13). is the case with the slayers of Gunnar as well (131-32). One of the worst cases, however, is not committed by weapons directed at Gunnar, but The killing of Njáls and his family by Flosi and by his own wife who denies his request to help his men is described in great detail, and we are him when he is attacked by a large group of men to understand that it is the consequence of and has defended himself successfully for a long personal hatred and insult, and a failed law suit, time. At one point, his bow string is cut, and he but altogether it is to be viewed as the outcome needs a replacement, which Hallgerd could of treason, especially because Flosi does not supply with her hair. But since she still holds an accept the settlement money and continues to old grudge against him for having slapped her insult his opponent. To settle the scores, he then once in anger, and since she cares little about turns to military action, but he can only him, she refuses, actually hoping that he will be accomplish his goals by way of burning down killed, which eventually proves to be the case. the entire house with Njáls, his wife, and In a way, this denial constitutes treason, as grandson, along with other warriors, an evil and Gunnar‘s mother Rannveig formulates treasonous form of killing the enemy. explicitly: ―‗You do evil, and your infamy will Of course, subsequently, things move along long be remembered‘‖ (128). again, and ultimately Flosi and Kari Solmundarson In fact, Njáls Saga could be identified as a manage to reach a new agreement, with Flosi literary effort to come to terms with the going to Rome on a pilgrimage to do penance fundamental ethics determining Icelandic society for his murder, but the topic of treason remains at a time when it was just establishing itself and in the background, and the various people struggled hard to come to terms with its own involved in it continue to talk about it, with Kari ethics and legal foundations. In contrast to the especially defending the heroe‘s honor, even other epic poems there is no grandstanding of with his own sword directed against Gunnar treason, a major plot aimed at the destruction of Lambason, decapitating him for his lying about a king, or a mighty warrior, but Gunnar‘s death, Skarphedin‘s behavior at the moment of his and that of other protagonists speaks volumes death (297-98). Further details do not need to be about the central need to establish right and wrong, examined here, since it has become over whelmingly clear how much the issue of treason to set up ethical, economic, and political norms matters centrally in the Njáls Saga as well. applicable to all, and to combat uncontrolled violence, anger, envy, jealousy, and simple CONCLUSION wrath over slight injuries or wrongdoings. Probing the issue of treason both in the Middle Even if the word ‗treason‘ might be too weighty Ages and in the early modern age (Baroque) has here—it is used, however, especially with demonstrated the universal importance of this respect to the requirement never to betray one‘s theme. While murder or even wars often happen lord (141)—the conflicts determining the entire and are treated richly in a large variety of texts, narrative speak to the same issue and force the the crime of treason represents a much worse reader/listener to consider the consequences of situation which finds full attention both by betrayal. The ‗murderers‘ in the case of Gunnar, jurists and by poets. I have outlined, first, how however, go scot-free and can even boast much legal history is determined by the case of

24 Journal of Philosophy and Ethics V1 ● 14 ● 2019 Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry treason, as recent scholarship has richly determined; (Ithaca, NY: Cornell University Press, 2005). then I examined how much even eighteenth- [2] See, for instance, the lemmas ―Verräter‖ and century encyclopedists viewed treason and ―Verräterei,‖ Jacob and Wilhelm Grimm, turned to medieval examples to illuminate the Deutsches Wörterbuch, vol. 25, or 12.I (1956; case against this crime. The central purpose of Leipzig: Deutscher Taschenbuch Verlag, 1984), this paper, however, was to examine whether or 988-90. For a list of medieval German texts how the poets of medieval heroic epics where one of these words is included, see the Mittelhochdeutsche Begriffsdatenbank, under addressed treason, which emerges actually as a ―verrat,‖ http://mhdbdb.sbg.ac.at/mhdbdb/App; central theme and issue in the Chanson de jsessionid=0AB3BB46F4C0A60B0F206D69A Roland, in the Nibelungenlied, in the Poema de 56C4F3E?action=TextQueryModule&string=V Mío Cid, and in Njáls Saga. I have also ventured errat%0D%0A&filter=&texts=%21&startButto to include Beowulf here, where the protagonist n=Suche+starten&contextSelectListSize=1&co struggles against monsters and finally against a ntextUnit=1&verticalDetail=3&maxTableSize= dragon, whereupon he dies. Treason is certainly 100&horizontalDetail=3&nrTextLines=3; cf. also evoked in this poem as well, but in a more the Deutsches Wörterbuch, online at http:// subtle and complex way. We also find numerous www.woerterbuchnetz.de/cgi-bin/WBNetz/ wbgui examples of treason as discussed in medieval _py?sigle=DWB&lemid=GV03263; Matthias Lexer, now online at: http://www.woerter didactic and satirical texts, for instance, in buchnetz.de/cgi-bin/WBNetz/wbgui_py?sigle= romances, and short verse narratives. We can Lexer&lemid=LV02168; for a list of the term conclude, however, with the one central observation ‗traitor‘ in the English language (since ca. that the topic of treason indeed assumes central 1222), see the OED, https://www.oed.com/view position within the genre of the heroic epic, /Entry/204453?rskey=M7tzs1&result=1&isAdv where the protagonist is severely challenged by anced=false#eid. enemy forces that draw on treason to realize [3] A. Roth, ―Verrat,‖ Reallexikon der Germanischen their evil agendas. Altertumskunde, ed. Heinrich Beck, Dieter Geuenich, and Heiko Steuer. Vol. 32 (Berlin Even when the protagonists then die, such as and New York: Walter de Gruyter, 2006), 229-30. Siegfried or Njáls, revenge comes swiftly and [4] See, for instance, Peter von Matt, Liebesverrat: brutally, but it then appears to be obviously fully Die Treulosen in der Literatur. Third ed. (1991; justified. There is no doubt that the various Munich: C. H. Beck, 1996). He is, however, poets of heroic epics regarded treason as one of more interested in providing a global narrative, the worst crimes that deserves harsh and whereas the critical analysis seems to be vehement persecution. The well-being of society lacking at times. See also Maria Sammarro, is always at stake when someone commits Vittima d‟amore: tradimento, gelosia e follia treason. The inactivity of Beowulf‘s men at the tra letteratura e psicoanalisi. Gli sguardi, 18 end can certainly be referred to as a major (Milan: F. Angeli, 2011). reason why the protagonist has to die. Treason [5] See the contributions to Verräter: Geschichte thus constitutes a central concern in this genre. eines Deutungsmusters, ed. André Krischer Later romance writers and poets such as (Vienna, Cologne, and Weimar: Böhlau, 2019). Wolfram von Eschenbach, the anonymous poet Surprisingly, ‗Verrat‘ (treason) does not figure as a separate lemma in the famous Geschichtliche of Herzog Ernst, or Dante Alighieri also had Grundbegriffe: Historisches Lexikon zur much to say about traitors, whom the latter politisch-sozialen Sprache in Deutschland, ed. places at the very bottom of the Inferno (bolgia Otto Brunner, Werner Conze, and Reinhart 9, cantos 31-34).53 But in heroic poems, the Koselleck. Vol. 6 (Stuttgart: Klett-Cotta, 1990). betrayal of one‘s lord, of a competitor, of a [6] For a broad overview of this motif in world rising star, or of a wise counselor constitutes a literature, see Elisabeth Frenzel, Motive der central theme and determines much of the genre Weltliteratur: Ein Lexikon dichtungsges itself. In the world of heroism, which critically chichtlicher Längsschnitte. 5th, rev. and expanded relies on the power and strength of the protagonist ed. (Stuttgart: Alfred Kröner, 1999), s.v. warrior and on the truth of his words, treason ―Verräter,‖ 788-802. She lists some medieval texts, threatens the entire value system and thus such as Widukind of Corvey‘s Rerum gestarum Saxoniarum, 973, Saxo Grammaticus‘s Gesta becomes a fundamental concern defining most 54 Danorum, ca. 1185, the Nibelungenlied, ca. of this genre. 1200, the Chanson de Roland, ca. 1100, the Chronica Gothorum, eleventh century, Herzog REFERENCES Ernst, ca. 1180/1220, the various versions of [1] Rebecca Lemon, Treason by Words: Literature, the Dietrichsage (thirteenth century), and the Law, and Rebellion in Shakespear‟s England Leyenda de los siete Infantes de Lara, eleventh

Journal of Philosophy and Ethics V1 ● 14 ● 2019 25 Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry

century. Then, however, she moves quickly to the Identity and Community in Medieval Culture, age of Baroque, leaving much work for us to do ed. Suzanne Conklin Akbari and Jill Ross especially regarding the genre of the heroic epic. (Toronto: Toronto University Press, 2013), 177-92. [7] Karen Cunningham, Imaginary Betrayals: [14] Treason: Medieval and Early Modern Adultery, Subjectivity and the Discourses of Treason in Betrayal, and Shame, ed. Larissa Tracey Early Modern England. The Middle Ages Series (Leiden and Boston: Brill, 2019). The articles here (Philadelphia, PA: University of Pennsylvania are divided into three groups: political treason, Press, 2002). religious treason and heresy, and treasonous love [8] Richard Firth Green, A Crisis of Truth: Literature and shame. The problem is that some of the issues and Law in Ricardian England. The Middle Ages dealt with here go beyond the narrow limits of Series (Philadelphia, PA: University of what we mean with ‗treason.‘ I would like to Pennsylvania Press, 1999). The quote is from the express my gratitude to Tracey for inviting me to abstract available online at WorldCat. The contribute to her volume and thus to have summary continues: ―Richard Firth Green contends triggered my own research interest, which has that these alterations in meaning were closely now resulted in already a second article. linked to a growing emphasis on the written over the spoken and to the simultaneous [15] See, for instance, Samuel Rezneck, ―The Early reshaping of legal thought and practice.‖ History of the Parliamentary Declaration of Treason,‖ The English Historical Review [9] Thomas Karlauf, Stauffenberg: Porträt eines 42.169 (1927): 497-513; Rainer Zacharias, ―Die Attentäters (Munich: Blessing, 2019); Ulrich Blutrache im deutschen Mittelalter,‖ Zeitschrift Schlie, Claus Schenk Graf von Stauffenberg: “Es für deutsches Altertum und deutsche Literatur lebe das heilige Deutschland”: Biografie (Freiburg 91.3 (1962): 167-201; C. J. Neville, ―The Law of i. Br., Basel, and Vienna: Herder, 2018); Peter Treason in the English Border Counties in the Steinbach, Claus Schenk Graf von Stauffenberg: Later Middle Ages,‖ Law and History Review 9.1 Wagnis - Tat - Erinnerung. Mensch - Zeit - (1991): 1-30; Carl Grey Martin, ―Bitraised Geschichte (Stuttgart: Verlag W. Kohlhammer, Through False Folk: Criseyde, the Siege, and the 2015); Threat of Treason,‖ The Chaucer Review 37.3 [10] https://www.ndr.de/nachrichten/niedersachsen/AfD (2003): 219-33; Jaqueline Stuhmiller, ―‗Iudicium -Politiker-nennt-Stauffenberg-Verraeter, stauffen Dei, iudicium fortunae‘: Trial by Combat in berg114.html; https://www.t-online.de/nachrichten/ Malory‘s ‗Le Morte Darthur‘,‖ Speculum 81.2 wissen/geschichte/id_86086878/attentat-vom- (2006): 427-62; Aude Mairey, ―Le bien 20-juli-1944-die-umstrittensten-verraeter-in-der commun dans la litttérature anglaise de la fin -deutschen-geschichte.html (both last accessed du Moyen âge,‖ Revue Française d‟Histoire on July 29, 2019). des Idées Politiques 32 (2010): 373-84; Ryan [11] Dagmar Thoss, ―‗Les Trahisons de France‘. Text Muckerheide, ―The English Law of Treason in und Bild im französisch-burgundischen Konflikt,‖ Malory‘s ‗Le Morte Darthur‘,‖ Arthuriana 20.4 Wiener Jahrbuch für Kunstgeschichte 46-47.2 (2010): 48-77; Megan Leitch, ―Thinking Twice (1993-1994): 757–62. See also Sára Vybíralová, about Treason in Caxton‘s Prose Romances: ―‗Oyez, fidèles, la ruse diabolique!‘: La ruse et la Proper Chivalric Conduct and the English Printing trahison dans la chanson polémique de l‘époque Press,‖ Medium Ævum 81.1 (2012): 41-69; Laura hussite,‖ Médiévales 67 (2014): 67-84; Keith K. Bedwell, ―The Failure of Justice, the Failure of Busby, ―Performance, trahison, espionnage,‖ Le Arthur,‖ Arthuriana 21.3 (2011): 3-22; Amanda Moyen Âge 122 (2016): 663-76; Bertrand Haquette, D. Taylor, ―The Body of Law: Embodied Justice ―Rançons, honneur, disgrâce et trahison: La in Sir Thomas Malory‘s ‗Morte Darthur‘,‖ Viesville, un lignage mis à l‘épreuve de la guerre,‖ Arthuriana 25.3 (2015): 66-97; see also Neil Autour d‟Azincourt: Une société face à la Cartlidge, ―Treason,‖ Medieval English Law and guerre, ed. Alain Marchandisse and Bertrand Literature, ed. Candace Barrington and Schnerb. Collection Histoire, 35 (Villeneuve- Sebastian Sobecki (Cambridge: Cambridge d‘Ascq: Revue du Nord, 2017), 251-64. University Press, 2019), 83-94. [12] Wilhelm Ernst Knitschky, Das Verbrechen des [16] The Lais of Marie de France: Text and Hochverrats (Jena: Mauke, 1874), 5-17; G. Translation, ed. and trans. Claire M. Waters Dahm, ―Verrat und Verbrechen,‖ Zeitschrift für (Peterborough, Ont.: Broadview Editions, 2018). Staatswissenschaft 95 (1935): 283-310; W. [17] Hugo von Trimberg, Der Renner, ed. Gustav Schild, Fälschungen im Mittelalter. Schriften der Ehrismann. With an epilogue and additions by MGH, 33, vol. II (Hanover: Hahn, 1988), 713-48. Günther Schweikle. Deutsche Neudrucke. [13] W. R. J. Barron, ―The Penalties for Treason in Reihe: Texte des Mittelalters (1908; Berlin: Medieval Life and Literature,‖ Journal of Medieval Walter de Gruyter, 1970); see Jutta Goheen, History 7.2 (1981): 187–202; Danielle Westerhof, Mensch und Moral im Mittelalter: Geschichte ―Amputating the Traitor: Healing the Social und Fiktion in Hugo vo Trimbergs (sic) “Der Body in Public Executions for Treason in Late Renner” (Darmstadt: Wissenschaftliche Buchge Medieval England,‖ The Ends of the Body: sellschaft, 1990).

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[18] There are eighteen passages where the issue of troisième colloque international de Montpellier, treason emerges; see http://mhdbdb.sbg.ac.at/ Université Paul-Valéry (24 - 26 novembre mhdbdb/App?action=ShowQuotation&c=HTR 1995) Les cahiers du Crisima, 3 (Montpellier: %206912 (last accessed on Aug. 5, 2019). Université Paul-Valéry, 1997); Richard F. [19] [Antonius von Pforr,] Das Buch der Beispiele Green, A Crisis of Truth: Literature and Law in der alten Weisen, ed. Wilhelm Ludwig Holland. Ricardian England. The Middle Ages Series Bibliothek des Litterarischen Vereins in Stuttgart, (Philadelphia, PA: University of Pennsylvania 56 (1860; Amsterdam: Editions Rodopi, 1969), Press, 1999). 122-26. [25] Michael Gaisser, ―Verrat,‖ Sachwörterbuch der [20] F. Carl Reidel, Crime and Punishment in the Old Mediävistik, ed. Peter Dinzelbacher (Stuttgart: French Romances (New York: Columbia Alfred Kröner Verlag, 1992), 870, emphasizes University Press, 1938); Rebecca Lemon, Treason that treason regularly involves the activity of a by Words: Literature, Law, and Rebellion in third person hurting two others in order to gain Shakespeare‟s England (Ithaca, NY, and London: an advantage over both. The traitor breaks his Cornell University Press, 2006); Megan G. loyalty oath for the lord, a marriage partner, or a Leitch, Romancing Treason: Wars of the Roses whole country. The famous Lexikon des Literature, The Literature of the Wars of the Mittelalters, Vol. 8 (Munich: Lexma Verlag, Roses (Oxford: Oxford University Press, 2015). 1997), includes the lemma ―Verrat,‖ 1569, but refers only to other subject matters, felony, lèse [21] Albrecht Classen, ―Treason and Deception in majesté, treason, and crime. A. Harding, Late Medieval German Romances and Novels,‖ ―Treason,‖ ibid., Vol. 8, fasc. 5, 966, emphasizes Treason: Medieval and Early Modern Adultery, that according to the laws by Alfred the Great (9th Betrayal, and Shame, ed. Larissa Tracey (see century) treason was the only crime that could note 14), 269-87. not be dealt with by means of a monetary [22] Tr. Ionescu-Nişcov, ―Der Verrat als episches penalty. Treason is here recognized exclusively Motiv in der serbokroatischen, rumänischen as a criminal action against the king. und bulgarischen Volkspoesie,‖ Zeitschrift für [26] For a modern, literary perspective, see Bart J. slavische Philologie 17.2 (1940): 301-40; Koet, ―Judas, verrader of de trouwste leerling?: David Colclasure, ―‗Die eigene Zukunft ist nur theologische kanttekeningen bij een roman van über den Verrat zu erlangen‘: Josef Haslingers Amos Oz,‖ Tijdschrift voor theologie 57.2 ‗Opernball‘,‖ Modern Austrian Literature 32.3 (2017): 103-15; for theological perspectives, (1999): 109-32; Isaac Kalimi, ―...und Josef see Wolfgang Horacio Fenske, Brauchte Gott verleumdete seine Brüder: Josefs Verrat in den den Verräter?: die Gestalt des Judas in Theologie, Midraschim als Beitrag zur zeitgenössischen Unterricht und Gottesdienst (Göttingen: jüdisch-christlichen Kontroverse,‖ Zeitschrift für Vandenhoeck & Ruprecht, 2000); Reinhard Religions- und Geistesgeschichte 54.1 (2002): 23- Dithmar, Der “Verräter” Judas in Bibel, Dichtung 31; see also Marina Klamt, ―Zugehörigkeit und und bildender Kunst. Interdisziplinäre Verrat in den Haymonskindern Johanns II. von Forschung und fächerverbindender Unterricht, Simmern: Reynharts Kommunikation von 12 (Ludwigsfelde: Ludwigselder Verlags-Haus, Trauer und Freude innerhalb der brüderlichen 2003); Horacio E. Lona, Judas Iskariot: Legende Gewaltgemeinschaft,‖ Gewaltgenuss, Zorn und und Wahrheit, Judas in den Evangelien und das Gelächter: Die emotionale Seite der Gewalt in Evangelium des Judas (Freiburg i. Br.: Herder, Literatur und Historiographie des Mittelalters 2007); Gerhard Koch, Judas - kein Verräter: und der Frühen Neuzeit, ed. Claudia Ansorge, Versuch einer Klarstellung (Neustadt a.d. Cora Dietl, and Titus Knäpper (Göttingen: Aisch: Dr. Gerhard Koch, 2018). The critical V&R Unipress, 2015), 127-46. issues are well laid out in the online article [23] Margret Bovery, Der Verrat im 20. https://en.wikipedia.org/wiki/Judas_Iscariot Jahrhundert (Reinbek bei Hamburg: Rowohlt, (last accessed on July 31, 2019). 1976); Eva Horn, Der geheime Krieg: Verrat, [27] Eike von Repgow, Sachsenspiegel: die Heidel Spionage und moderne Fiktion (Frankfurt a. berger Bilderhandschrift Cod. Pal. germ. 164, M.: Fischer Taschenbuch Verlag, 2007); and ed. Gernot Kocher. Codieces selecti, 115 (Graz: for a rather obscure and yet relevant treatment of this issue, see Serife Seher Erol Caliskan and Akademische Druck- und Verlags-Anstalt, Cihan Bans Basaran, ―Treason and Punishment 2010); Heiner Lück, Der Sachsenspiegel: das in Turkmen Legends,‖ Idil Sanat ve Dil Dergisi berühmteste deutsche Rechtsbuch des Mittelalters 6.34 (2017): 1715-33. Cf. also Hédi Kaddour (Darmstadt: Lambert Schneider, 2017); and Marilyn Hacker, ―Treason,‖ Ambit (2003, [28] W. Schild, ―Verrat,‖ Handwörterbuch zur October 1): 14. deutschen Rechtsgeschichte, ed. Adalbert Erler, [24] Myriam Soria, La Trahison au Moyen Age: De Ekkehard Kaufmann, and Dieter Werkmüller. la monstruosité au crime politique (Ve-XVe Vol. V (Berlin: Erich Schmidt Verlag, 1998), 793- siècle) (Rennes: Maïté Billoré, 2010); Félonie, 95; see also C. U Schminck,‖ ―Hochverrat,‖ trahison et reniements au Moyen Âge: actes du ibid., Vol. II (1978), 179-86.

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[29] Mathias Schreiber, Verräter: Helden der Discourses of Treason in Early Modern England. Finsternis von Judas bis Snowden. Zu Klampen The Middle Ages Series (Philadelphia, PA: Essay (Springe: zu Klampen, 2017); cf. also University of Pennsylvania Press, 2002) Joanna James A. W. Hefferman, Hospitality and Bradfield, ―Canacee‘s Mirror: Gender and Treason Treachery in Wetern Literature (New Haven, in Medieval Literature,‖ Ph.D. University of CT: Yale University Press, 2014). California, Riverside, 2011; Fabiano Fernandes, [30] Georg Steinberg, ―Hochverrat,‖ Handwörterbuch ―Jacques de Armagnac, duque de Nemours e a zur deutschen Rechtsgeschichte, 2nd, completely acusaçāo de Lesa-majestade: A construçāo de rev. and expanded ed. by Albrecht Cordes, Heiner um crime político por meio da memória escrita. Lück, et al. Vol. II (Berlin: Erich Schmidt Verlag, 1465-1477,‖ Revista Diálogos Mediterrânicos 2012), 1064-68. 9 (2015): 189-209. [31] J. G. Bellamy, The Law of Treason in England [37] For a broad approach to this genre, see the in the Later Middle Ages. Cambridge Studies in contributions to Epic and History, ed. David English Legal History (Cambridge: University Konstan and Kurt A. Raaflaub. The Ancient Press, 1970). World: Comparative Histories (Malden, MA, Oxford, and Chichester, West Sussex: Blackwell, [32] Johann Heinrich Zedler, Grosses vollstaendiges 2010). Universal-Lexicon Aller Wissenschaften und Kuenste, vol. 47 (Leipzig and Halle: Zedler, [38] Emanuel J. Mickel, Ganelon, Treason, and the 1746); he deals both with the traitor (1605-23) “Chanson de Roland” (University Park, PA: and treason as such (1623-39). Pennsylvania State University Press, 1989). [33] [D‘Alembert and Diderot], Encyclopedie, ou [39] The Beowulf Manuscript: Complete Texts and The Fight at Finnsburg, ed. and trans. R. D. Dictionnaire Raisonné des Sciences, des Arts et Fulk. Dumbarton Oaks Medieval Library des Métiers, par une Société de Gens de (Cambridge, MA, and London: Harvard Lettres. Vol. 16 (1765; Stuttgart-Bad Cannstatt, University Press, 2010). 1967), 522. See now Robert Darnton, The Business of Enlightenment: A Publishing History [40] ―treisoun,‖ The Middle English Dictionary, online of the Encyclopédie. 1775–1800 (Cambridge at: https://quod.lib.umich.edu/m/middle-english- MA, and London: Belknap Press of Harvard dictionary/dictionary/MED46904/track? counter University Press, 1979). =1&search_id=1276598 (last accessed on Aug. 8, 2019). [34] See the contributions to Die gesammelte Welt: Studien zu Zedlers Universal-Lexicon, ed. Kai [41] Oxford English Dictionary, online: ―< Old French nominative traitre (= Provençal traire, French Lohsträter. Schriften und Zeugnisse zur traître) < popular Latin trā‘dītor for Latin ‗trāditor Buchgeschichte, 19 (Wiesbaden: Harrassowitz, traitor, betrayer; also in accusative form Old 2013); Ulrich Johannes Schneider, Die Erfindung French traitor, -ur (Roland, 11th cent.), Anglo- des allgemeinen Wissens: enzyklopädisches Norman -our (= Italian traditore, Spanish traidor, Schreiben im Zeitalter der Aufklärung (Berlin: Portuguese traidor, Provençal traidor, Sardinian Akademie-Verlag, 2013). traitore) < Latin trādi‘tōrem, agent-noun < [35] Zedler has been the object of various research trādĕre to deliver, hand over, < trā- (= trans) + projects, see, for instance, Gerd Quedenbacum, dare to give, put.‖ Der Verleger und Buchhändler Johann Heinrich [42] The Song of Roland, trans. Joseph J. Duggan Zedler: 1706-1751, ein Buchunternehmer in and Annalee C. Rejhon (Turnhout: Brepols, den Zwängen seiner Zeit, ein Beitrag zur 2012). Geschichte des deutschen Buchhandels im 18. Jahrhundert (Hildesheim and New York: Georg [43] Eberhard Nellmann, ―Pfaffe Konrad,‖ Die deutsche Olms, 1977); Richard Glenn Cole, ―The Art of Literatur des Mittelalters: Verfasserlexikon. 2nd History and Eighteenth-Century Information compl. rev. ed. by Kurt Ruh et al. Vol. 5.1/2 (Berlin Management: Christian Gottlieb Jöcher and Johann and New York: Walter de Gruyter, 1984), 115-31. Heinrich Zedler,‖ The Library Quarterly 83.1 [44] Here I rely on Das Nibelungenlied: (2013): 26-38. Mittelhochdeutsche / Neuhochdeutsche. Text [36] J. G. Bellamy, The Law of Treason in England in nach der Handschrift B herausgegeben von the Later Middle Ages (see note 31); R. J. Barron, Ursula Schulze. Ins Neuhochdeutsche übersetzt ―The Penalties for Treason in Medieval Life and und kommentiert von Siegfried Grosse (Stuttgart: Literature,‖ Journal of Medieval History 7.2 Philipp Reclam jun., [2010]). All English (1981): 187-202; A. Cavanna, ―Majestätsver translations are my own. brechen,‖ Lexikon des Mittelalters, vol. VI [45] For an excellent close reading of many of those (Munich and Zürich: Lexma Verlag, 1993), psychological elements involving the interaction of cols. 148-50; Paul Strohm, ―Trade, Treason, and the heroes, see Irmgard Gephart, Der Zorn der the Murder of Janus Imperial,‖ Journal of British Nibelungen: Rivalität und Rache im Studies 35.1 (1996): 1-23; Karen Cunningham, “Nibelungenlied” (Cologne, Weimar, and Imaginary Betrayals: Subjectivity and the Vienna: Böhlau, 2005).

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[46] There is much research literature available; see, y su tradición en la épica románica,‖ Bulletin of for instance, the contributions to Die Nibelungen: Hispanic Studies 78.2 (2001): 177-90. Cf. also Sage – Epos – Mythos, ed. Joachim Heinzle, Klaus Colin Smith, ―The Choice of the Infantes de Klein, and Ute Obhof (Wiesbaden: Reichert Carrión as Villains in the ‗Poema de mio Cid‘,‖ Verlag, 2003); to “Uns ist in alten Mären...”: Journal of Hispanic Philology 4.2 (1980): 105-18. Das Nibelungenlied und seine Welt (Darmstadt: [51] 1. See, for instance, D. G. Pattison, ―Social Wissenschaftliche Buchgesellschaft, 2003); Nine Rank in the Poema de mio Cid,‖ Medium R. Miedema, Einführung in das “Nibelungenlied”. Aevum 79.1 (2010): 121-25; C. Pascual- Einführungen Germanistik (Darmstadt: Wissen- Argente, ―‗A guisa de varón‘: Masculinity and schaftliche Buchgesellschaft, 2011). Nevertheless, Genre in the Poema de mio Cid,‖ Bulletin of the issue of ‗treason‘ continues to represent a Hispanic Studies 90.5 (2013): 539-56. desideratum. But see now Ulrich Hoffmann, [52] Njal‟s Saga, trans. with intro. and notes by ―Verräter in der Literatur des Mittelalters: Zu Robert Cook (London: Penguin, 1997); see also Dantes >Göttlicher Komödie<, zum > Rolandslied Lönnrot Lars, Njáls Saga: A Critical <, >Prosalancelot< und >Nibelungenlied<,‖ Introduction (Berkeley, CA: University of Verräter: Geschichte eines Deutungsmusters (see California Press, 1976); Theodore Ziolkowski, note 5), 67-91. The Mirror of Justice: Literary Reflections of [47] See also the complex, though not necessarily Legal Crises. Rpt. (1997; Princeton, NJ: innovative analysis of the Nibelungenlied by Princeton University Press, 2018). Jan-Dirk Müller, Spielregeln für den Untergang: [53] There are many good editions and translations; die Welt des Nibelungenliedes (Tübingen: Max here I consult Dante, The Divine Comedy. Vol. I: Niemeyer, 1998). Inferno, trans. with an intro., notes, and [48] There are many excellent editions and commentary by Mark Musa. Penguin Classics translations available; here I have consulted (New York: Penguin, 1971). For law and its The Song of the Cid: A Dual-Language Edition implications in Dante, see now Justin Steinberg, with Parallel Text, trans. Burton Raffel (New Dante and the Limits of the Law (Chicago and York: Penguin, 2009). For the critical edition, I London: The University of Chicago Press, 2013). use Poema de Mio Cid, ed., intro., and notes by [54] See also Tina Boyer, ―Legal Ramifications of Ian Michael. 2nd ed. Clásicos Castalia, 75 Ordeals and Treason in Morant und Galie,‖ (Madrid: Editorial Castalia, 1973). See now the Treason: Medieval and Early Modern Adultery, contributions to A Companion to the “Poema Betrayal, and Shame, ed. Larissa Tracey (see de mio Cid”, ed. Irene Zaderenko and Alberto note 13), 249-77.In particular, she emphasizes, Montaner Frutos. Brill‘s Companions to Mediaeval ―Treason ensues from internal courtly strife and Philology, 1 (Leiden and Boston: Brill, 2018). the godless nature of the villains, threatening to [49] See, for instance, Connie Scarborough, Inscribing destabilize that very structure only to be the Environment: Ecocritical Approaches to redeemed and rectified by the ordeal. In the Medieval Spanish Literature. Fundamentals of end, the ordeal is the only solution to the trial, Medieval and Early Modern Culture, 13 (Berlin indicating that while Charlemagne is the arbiter and Boston: Walter de Gruyter, 2013), ch. 1, 11-23. of the law, he leaves the final judgment to God, [50] For a related study, see Irene Zaderenko, ―El and framing the epic in a secular and religious tema de la traición en Los siete infantes de Lara context‖ (253).

Citation: Dr. Albrecht Classen, "Treason: Legal, Ethical, and Political Issues in the Middle Ages with an Emphasis on Medieval Heroic Poetry", Journal of Philosophy and Ethics, 1(4), 2019, pp. 13-29 Copyright: © 2019 Dr. Albrecht Classen. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

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