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Medieval Sourcebook:
The Leges Henrici Primi:
Law of Partnerships, c. 1109-1118


The Laws of Henry the First appears to reflect Saxon practices in the matter of partnerships, dissolution of which by the death or withdrawal of a partner must have been fairly common and a source of friction among partners over divisions of their property.

LIV. 1. If any persons be associated together so that they have placed their money in common and wish to dissolve that society or partnership, let them bring whatever they have in common to be divided in the presence of witnesses, so that, if it be necessary, they may swear on relics that they do not have more. And let them divide between themselves the profit and gain rightly and according to the agreement made between them.

LIV. 2. If any one have a case against his partner or comrade, and if, out of love for one another and on their oath, they come to an agreement, and then if either the one or the other regret it, they shall not be able, however, to return justly to the beginning of the plea, especially if judgment has been given. But when either of them has a choice by law of friendship or law and chooses friendship, let this decision stand as firm as judgment itself. And if it be decided between them in a just decision, it ought in no way to happen that what has been decided in judgment should again be the subject of litigation. But in certain cases no one should be compelled to respect a decision unjustly obtained.


Source:

From: Benjamin Thorpe, ed., Ancient Laws and Institutes of England, (London: Eyre & Spottiswoode, 1840), p. 552, reprinted in Roy C. Cave & Herbert H. Coulson, A Source Book for Medieval Economic History, (Milwaukee: The Bruce Publishing Co., 1936; reprint ed., New York: Biblo & Tannen, 1965), p. 186.

Scanned by Jerome S. Arkenberg, Cal. State Fullerton. The text has been modernized by Prof. Arkenberg.


This text is part of the Internet Medieval Source Book. The Sourcebook is a collection of public domain and copy-permitted texts related to medieval and Byzantine history.

Unless otherwise indicated the specific electronic form of the document is copyright.Permission is granted for electronic copying, distribution in print form for educational purposes and personal use. If you do reduplicate the document, indicate the source. No permission is granted for commercial use.

© Paul Halsall, September 1998
[email protected]

 



The Internet History Sourcebooks Project is located at the History Department of  Fordham University, New York. The Internet Medieval Sourcebook, and other medieval components of the project, are located at the Fordham University Center for Medieval Studies.The IHSP recognizes the contribution of Fordham University, the Fordham University History Department, and the Fordham Center for Medieval Studies in providing web space and server support for the project. The IHSP is a project independent of Fordham University.  Although the IHSP seeks to follow all applicable copyright law, Fordham University is not the institutional owner, and is not liable as the result of any legal action.

© Site Concept and Design: Paul Halsall created 26 Jan 1996: latest revision 1 February 2023 [CV]

 

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Medieval Law
Film: Ancient
Film: Medieval
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Film: Saints


About IHSPIJSP Credits

Medieval Sourcebook:
The Leges Henrici Primi:
Law of Partnerships, c. 1109-1118


The Laws of Henry the First appears to reflect Saxon practices in the matter of partnerships, dissolution of which by the death or withdrawal of a partner must have been fairly common and a source of friction among partners over divisions of their property.

LIV. 1. If any persons be associated together so that they have placed their money in common and wish to dissolve that society or partnership, let them bring whatever they have in common to be divided in the presence of witnesses, so that, if it be necessary, they may swear on relics that they do not have more. And let them divide between themselves the profit and gain rightly and according to the agreement made between them.

LIV. 2. If any one have a case against his partner or comrade, and if, out of love for one another and on their oath, they come to an agreement, and then if either the one or the other regret it, they shall not be able, however, to return justly to the beginning of the plea, especially if judgment has been given. But when either of them has a choice by law of friendship or law and chooses friendship, let this decision stand as firm as judgment itself. And if it be decided between them in a just decision, it ought in no way to happen that what has been decided in judgment should again be the subject of litigation. But in certain cases no one should be compelled to respect a decision unjustly obtained.


Source:

From: Benjamin Thorpe, ed., Ancient Laws and Institutes of England, (London: Eyre & Spottiswoode, 1840), p. 552, reprinted in Roy C. Cave & Herbert H. Coulson, A Source Book for Medieval Economic History, (Milwaukee: The Bruce Publishing Co., 1936; reprint ed., New York: Biblo & Tannen, 1965), p. 186.

Scanned by Jerome S. Arkenberg, Cal. State Fullerton. The text has been modernized by Prof. Arkenberg.


This text is part of the Internet Medieval Source Book. The Sourcebook is a collection of public domain and copy-permitted texts related to medieval and Byzantine history.

Unless otherwise indicated the specific electronic form of the document is copyright.Permission is granted for electronic copying, distribution in print form for educational purposes and personal use. If you do reduplicate the document, indicate the source. No permission is granted for commercial use.

© Paul Halsall, September 1998
[email protected]

 



The Internet History Sourcebooks Project is located at the History Department of  Fordham University, New York. The Internet Medieval Sourcebook, and other medieval components of the project, are located at the Fordham University Center for Medieval Studies.The IHSP recognizes the contribution of Fordham University, the Fordham University History Department, and the Fordham Center for Medieval Studies in providing web space and server support for the project. The IHSP is a project independent of Fordham University.  Although the IHSP seeks to follow all applicable copyright law, Fordham University is not the institutional owner, and is not liable as the result of any legal action.

© Site Concept and Design: Paul Halsall created 26 Jan 1996: latest revision 1 February 2023 [CV]