POETIC PROPERTIES LEGAL FORMS and LITERARY DOCUMENTS in EARLY ENGLISH LITERATURE by Stephen Yeager a Thesis Submitted in Conform

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POETIC PROPERTIES LEGAL FORMS and LITERARY DOCUMENTS in EARLY ENGLISH LITERATURE by Stephen Yeager a Thesis Submitted in Conform POETIC PROPERTIES LEGAL FORMS AND LITERARY DOCUMENTS IN EARLY ENGLISH LITERATURE by Stephen Yeager A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy, Graduate Department of English, in the University of Toronto. © Copyright by Stephen Yeager 2010 ABSTRACT "Poetic Properties: Legal Forms and Literary Documents in Early English Literature" Stephen Yeager, Doctor of Philosophy, 2010 Department of English, University of Toronto This thesis argues that the Middle English alliterative prosody of the Piers Plowman tradition was influenced by a discourse combining law, history, homily and poetry which was inherited from the administrative practices of the Anglo-Saxon period. As literary and legal textual genres developed recognizably distinct formal characteristics in the later Middle Ages, the combination of homiletic rhetoric and alliterative sound- patterning evoked a surviving discourse in which the formal characteristics of poems and documents were less clearly distinguished. Thus insofar as it evoked Anglo-Saxon textual culture, Piers Plowman provided a formal model which was particularly suitable to criticisms of political institutions that consolidated their power by developing new distinctions between the genres of bureaucratic texts. In each of the texts and traditions studied – Wulfstans homiletic law code I–II Cnut and its Latin translations, The First Worcester Fragment, Laamons Arthurian Brut chronicle-poem, The South English Legendary "Life of St. Egwine", and the Piers Plowman tradition poem Mum and the Sothsegger – apparently “literary” devices are used to authorize historically-based “legal” claims, particularly on behalf of ecclesiastical institutions looking to maintain their local influence in the face of increasingly consolidated royal administrative authority. Though oaths played a much less important procedural role after the Norman Conquest than they did in the Anglo-Saxon period, the appearance of "creative" authenticating procedures in "commemorative" texts created the appearance of orality to post-Conquest readers, to criticize a government which claimed its English "common" law to originate in the remotest recorded antiquity, even as ii it abandoned the practices actually recorded in the earliest surviving law codes and documents to be written in England. Comparing these texts allows a deeper understanding of their shared authenticating strategies, and also a re-appraisal of the methods we use to describe the relationships between medieval documents and authors, literature and law, texts and contexts. Appended to the dissertation is an edition of the SEL "Life of St. Egwine." Because Egwine's hagiographic tradition is so thematically invested in political concerns and closely interconnected with legal documents attributed to Egwine himself, the edition provides an opportunity to take a "disjunctively" literary and diplomatic approach to the tradition, in the process exploring some of the practical implications of the larger theoretical issues raised by the thesis as a whole. iii ACKNOWLEDGEMENTS I wish to express my appreciation to the members of my thesis committee, Professor Will Robins, Professor David Townsend, and especially to my supervisor, Professor Andy Orchard; not only for their patient stewardship of this thesis, but more generally for their guidance and instruction over the course of the degree that it culminates. Their attentive readings and helpful suggestions were immeasurably helpful in both shaping the project and refining its substance; any infelicities or errors that may remain are entirely my own. I would also like to thank the members of my examining committee, Professor Toni Healey, Professor Deirdre Lynch, Professor David Klausner, and Professor Andrew Galloway. Their fresh eyes helped me to spot some of the afore-mentioned infelicities, and their comments clarified aspects of my argument in a way that has uncovered many exciting new possibilities for the future. Professor Suzanne Akbari, Professor Lawrin Armstrong, and Professor J. Edward Chamberlin all taught graduate seminars in which early versions of these ideas were first hashed out, and I am thankful to them for their encouragement and guidance, along with the many other faculty members and support staff personnel at the University of Toronto who have made my time as a graduate student so rewarding. And to go back to the beginning, I would like to thank Professor Maud McInerney, who convinced me to apply to the U of T and inspired me to be a medievalist. I am lucky to have completed my post-secondary education with the help of so many mentors and friends, and I am grateful to all of them. I am also indebted to Father James K. Farge, C.S.B.; not only for his work at the Pontifical Institute for Mediæval Studies library, but also for convincing my grandmother to send my father and uncles to St. Thomas High School in Houston, where I would later read Beowulf and Sir Gawain and the Green Knight for the first time. Father Farge is iv just one of the Basilian fathers to play a role in my intellectual development, and I am grateful the entire Congregation of St. Basil for their inspirational work as educators. I would also like to thank Dr. Jonathan Newman and Magda Hayton for their friendship and intellectual fellowship, in the years past and the years ahead; and also the Toronto family Andrew Chang, Craig Jacobs, Atsmon Ganor, and Monica Alder. The years I spent on this project were more intellectually and personally rewarding than I ever would have dreamed when I began, and it was due in no small part to the warmth and generosity of the many friends, teachers and colleagues I met along the way. Finally, I would like to thank my family, especially my parents Scott and Susan Yeager, my wifes parents Don and Bea Quarrie, my wife Cynthia Quarrie, and our son Samuel, for their love and support. This thesis is dedicated to them. v TABLE OF CONTENTS Introduction From Written Record to Memory 1 Definitions 6 The Charter Sawyer 1166 13 Summary of the Chapters 31 Chapter 1 Leges Cnuti, Sermones Lupi: Homily, Law, and the Legacy of Wulfstan 35 Law and Homily: The Problem of Genre 37 Cnut and his Codes: Text and Context 54 Chapter 2 Wulfstan Post–Conquest: Ecclesiastical Anglo-Saxonism in the Golden Age of Forgery 65 Church and Law in Post-Conquest England 67 Cnut in Translation 77 Legislation and Legacy: Wulfstan and the Leges Henrici Primi 94 The First Worcester Fragment 101 Chapter 3 Laamon's Brut: Law, Literature, and the Chronicle-Poem 113 Introducing the Brut 115 The "Lawman" and the Law 131 Law, Land, and Language: Brut's Saxon 'Ambivalence' 142 Chapter 4 The SEL "Life of St. Egwine": Document, Poem, and Editorial Practice 159 The "Life of St. Egwine" Manuscripts 165 Sources 169 Variation and Authentication: S 1251 175 The Choice of a Base-Text 182 Chapter 5 Mum and the Sothsegger: Textual Traditions and Documentary Poetics 198 Defining the Piers Plowman Tradition 201 Text, Gloss, and Genre in Mum and the Sothsegger 208 How to Solve a Problem Like Genghis Khan 219 Out of the Frying Pan: Anti-fraternalism and Lollardy 231 Conclusion 247 Appendix: Edition of the SEL "Life of St. Egwine" 253 Works Cited 260 vi Introduction: From Written Record to Memory An enduring puzzle presented by the corpus of surviving Middle English literature is the question of why there should be such a large corpus of alliterative poems dated to the mid-fourteenth century or later, given the virtual disappearance of classical Old English verse in the late eleventh century. This phenomenon has been misleadingly called "the alliterative revival," a title that suggests a return to the meter, perhaps inspired by an undocumented oral tradition of vernacular poetry that stretched from the Anglo-Saxon period to the Lancastrian era (Chambers 1966; Andrew and Waldron 1978, 46). Thus the revival of alliterative verse would appear to be only one symptom of the larger return to English as a language of serious literary and philosophical writing at the end of the medieval period. Though the theory that these poets were conducting a “revival” has since been frequently refuted—both because there is little indication that they were all part of a coherent movement, and also because even a cursory reading of the poems reveals that they were written by highly literate poets1—the idea of a “revival” has maintained enough of an aura of plausibility that the term has managed to persist, for reasons identified by Ralph Hanna: “On the one hand, the speakers of these poems personify a hoary wisdom and exemplify it through their reliance upon standard learned texts of Latinate origin… yet simultaneously, the mode in which such literary 1 See for example: Thorlac Turville-Petre, The Alliterative Revival (Cambridge: D.S. Brewer, 1977), 15–17; Derek Pearsall, "The Origins of the Alliterative Revival," Middle English Alliterative Poetry and Its Literary Background: Seven Essays, ed. David A. Lawton (Cambridge: D.S. Brewer, 1982), 34–53, esp. 41–44; and Mark Amodio, Writing the Oral Tradition: Oral Poetics and Literate Culture in Medieval England (Notre Dame: University of Notre Dame Press, 2004),182. Arguments for a continuity based on alliterative English "stressed prose" include: Angus McIntosh, "Wulfstan's Prose," Proceedings of the British Academy 35 (1949), 109–42; Norman Blake, "Rhythmical Alliteration," Modern Philology 67.2 (1969), 118–24; Elizabeth Salter, Derek Albert Pearsall and Nicolette Zeeman, English and International: Studies in the Literature, Art and Patronage of Medieval England (Cambridge: Cambridge University Press, 1988), 170–9; Thomas Cable, The English Alliterative Tradition (Philadelphia: University of Pennsylvania Press, 1991), 41–63; Thomas A. Bredehoft, Early English Metre, Toronto Old English Series (Toronto: University of Toronto Press, 2005). 1 2 communication is not simply marked, but overmarked, as vernacular,” so that they “flaunt their own (thoroughly fictive) orality” (Hanna 1999, 501).2 Alliterative prosody is certainly well-suited for "flaunting" a fictive orality.
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