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.
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