The Structure and Linguistic Representation of Sanctio in Old English and Old Russian Charters

Abstract

The article identifies universal and specific structural and linguistic peculiarities of the sanctio (prohibitive formula/curse), an element of the main part of the Old English (Anglo-Saxon) and Old Russian charters. The analysis has shown that the prohibition of violating a contract or changing its terms and the punishment awaiting those who violate the contract are universal and integral components of the internal form of the sanctio of Anglo-Saxon and Old Russian charters. The motive for breach of a contract also belongs to the universal components of the sanctio but is optional and not presented in all documents. In both Anglo-Saxon and Old Russian charters, violation of the contract was identified with the commission of a sin and was prosecuted by religious sanctions. The distinctive feature of the Anglo-Saxon charters in Latin was the usage of Christian images alongside the images of ancient mythology resulting from the borrowing of ready-made formulas from Latin documents and the increasing influence of the Christian Church. Old Russian charters, apart from spiritual punishment, contained mentioning the secular punishment, either monetary or corporal. Syntactically, the sanctio were conditional constructions, characterized by prescriptive modality and reflecting some elements of colloquial speech (in Old Russian charters). The use of negatively coloured vocabulary (mainly in Anglo-Saxon charters) had to increase the emotional impact on the participants of the legal act. Appealing to the feeling of fear, which served as a means of maintaining law and order, the compilers of the charters threatened the potential transgressor with God’s punishment. They called on the Lord, the Most Holy Theotokos (in Old Russian charters) and various saints to be heavenly judges. The linguistic peculiarities of sanctions are presented in their functional syncretism, blending of the spheres of legal, everyday, and religious communication. © 2024, Volgograd State University. All rights reserved.