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description=10 posts published by Jonathan Jarrett during August 2014;

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the, and, medieval, of, in, leeds, 2013, report, part, europe, early, archives, new, thinking, on, frontier, call, for, papers, law, violence, iv, data, monthly, august, 2014, raising, up, enemies, mercia, letting, lowly, lournand, 506, social, bonds, power, conflict, dispute, settlement, 703, origin, usage, functionality, frankish, leges, 803, defining, kingdoms, 10th, century, 910, nomen, et, gens, making, charlemagne, database, projects, round, table, discussion, next, stop, iceland, imc, 2015, cat, four, silver, tails, seminar, clxxxiii, community, enforcement, britain, before, you, write, charter, 1030, digital, pleasures, scholarly, editions, formats, exploitation, 1107, foul, hordes, migration, ideas, people, pictland, beyond, 1207, peripheral, territories, 9th, 11th, centuries, 1310, texts, identities, legitimacy, identity, during, transformation, roman, world, recent, comments, see, something, wrong, blogroll, currently, reading, institutions, tourism, pictures, personal, webpages, resources, email, subscription, rss, feed,

Text of the page (most frequently used words):
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2010 (18), history (18), documents (18), question (18), february (17), june (17), leeds (17), think (17), before (17), tenth (16), april (16), 2009 (16), time (16), charter (16), since (16), really (16), actually (16), when (16), probably (16), very (16), march (15), november (15), online (15), however (15), written (15), case (15), kings (15), 2008 (14), 2012 (14), making (14), being (14), between (14), him (14), first (14), way (14), well (14), after (14), vikings (14), andrews (14), new (13), 2007 (13), 2011 (13), 2015 (13), oxford (13), viking (13), last (13), know (13), england (13), london (13), work (13), less (13), found (13), over (13), many (13), pre (13), lot (13), laws (13), silver (13), will (13), sarcophagus (13), blog (12), 2019 (12), 2020 (12), 2022 (12), 2023 (12), text (12), carolingian (12), jarrett (12), scotland (12), edd (12), without (12), rosamond (12), vol (12), both (12), things (12), often (12), point (12), made (12), least (12), three (12), alice (12), 2016 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e one with the peculiar dodecahedral termination but there was more british museum 1880 0410 now ok you might think the answer to that is obvious it s a scourge it s for hitting people but really it s silver i don t have a lot of experience myself with whips and flails but from what talking i ve done with people who do i m pretty sure this would draw blood if used in any kind of anger and blood is hard enough to get out of most things let alone plaited silver wire anyone who owns any silver will know how hard it is to stop it taking a tarnish now count that difficulty strand by strand and tie them all together i don t know what one would have cleaned silver with in the early middle ages i guess a pad of wool soaked in urine would get most stuff off but what you d polish up with afterwards that would stop the effects of even that mild acid i m not sure at all if this had ever been used to strike people with even if then cleaned i m pretty sure the ends would be blackened in a way that even the best metals conservators couldn t remedy at least after nine hundred years in the cornish ground to finish the job a depiction of of the god osiris from the tomb of seti i with crook and flail so ok if it s not for use it must by symbolic right and indeed my son when i described it to him immediately thought of the flail borne by the egyptian pharaoh in depictions presumably though not certainly to symbolise his power to punish and that makes extrinsic sense but in an anglo saxon context as trewhiddle is usually seen it s still weird because in anglo saxon law corporal punishment is really something done only to slaves freemen paid fines or were reduced to slavery if they couldn t and anyone who had slaves had the right of punishment over them so there was nothing exclusive about it worth symbolising in silver or so it seems to me but on the other hand we are not necessarily in an anglo saxon context here the hoard is no longer complete when found as well as the items depicted above there were some things now lost and a lot of coins whose dates make a deposition date of around 868 seem likely that was of course a reasonable time for hiding treasure in as much as there were large numbers of vikings about but the goods also send mixed signals as the british museum website now points out the accompanying metalwork presents an intriguing mixture of ecclesiastical and secular material and in addition to its obvious and predominant anglo saxon components includes one brooch of celtic origin that brooch was i guess not wholly of silver and thus now stored somewhere else in the bm in any case it s not obviously in the picture borrowed above but aside from the odd bits of broken stuff there are some unique things one is the scourge which seems to have attracted really very little commentary but the chalice is another the only known anglo saxon silver chalice says the bm website though it also says that the interior was gilded and its best parallels all come from ireland and all this reminds me that this hoard was in cornwall which had at this point been under definitive anglo saxon control only for a generation or so but which prior to that had been the rump of the british kingdom of dumnonia while it s absolutely true that much of the material in the hoard is culturally or at least artistically anglo saxon other symbol libraries were surely available in this area and that scourge is so simple of manufacture that it s pretty hard to date it could be a deal older than some of the other things in the hoard is there i wonder anything in welsh or cornish myth that gives a whip or scourge some important rôle early medieval welsh law in so far as we really have it is firstly still supposed to be later than this and secondly just as compensation focused as the anglo saxon ones but i wonder if some royal or ex royal family had a story about themselves that made this tool an important thing to display i stubbed this post when i met this item in leslie webster janet backhouse edd the making of england anglo saxon art and culture ad 600 900 london 1991 no 246 b and that s still quite informative but the website link i ve given here has all that material and more up to date references so i see no point in my usual array of footnotes for once 14 comments posted in anglo saxons archaeology celts currently reading tagged cornwall judicial practice material culture trewhiddle hoard seminar clxxxiii community law enforcement in early medieval britain posted on 22 august 2014 1 comment my relentless progress through my seminar report backlog now finally leaves me looking at the last seminar i went to in oxford something of a milestone the person who had the dubious honour of that slot in my academic life was the estimable dr alice taylor one of kings college london s regiment of alices and an acquaintance of long standing from the institute of historical research but here presenting to the medieval history seminar at all souls with the title lex scripta and the problem of enforcement anglo saxon welsh and scottish law compared this was a version of a paper she d given in oxford the previous year but i d missed it then and there was plenty of debate this time round the opening of the text of leges scocie as close as there is to an early medieval scottish lawcode in edinburgh national archives of scotland ms pa5 1 the so called berne manuscript fo 59v it has so far been alice s most widely recognised achievement to convince people that there even was such a thing as early medieval scottish law which she has had to retrieve from contextually undatable references in much later manuscripts but when you ve done that as she explained you start to wonder about how the system worked and since if that was your best evidence you have no case law or documentation by which practice might be examined you have to start comparing so after a brief run through of the different schools of historical thought on how written law relates to what people actually do to maintain social order in their communities from the minimalist patrick wormald thesis that legislators of such law were not after judicial effects so much as the promotion of the legislators position above society to the somehow more spiritual one that written law reflects the wider community ideology as it was lived she adopted a position for debate that written law was in these cases the top of an iceberg of unwritten legal practice both part of the same corpus of social ideology but more similar between her areas at the bottom than at the top 1 the three corpora do certainly differ not least in preservation wales has various thirteenth century redactions of what purports to be a royal lawcode of the tenth century the laws of hywel dda anglo saxon england has a large corpus of summative royal lawcodes with additional provisions also largely issued in royal council in what we now recognise as a fairly carolingian way and in scotland as said there are thirteenth and fourteenth century references to laws that in some cases probably go back rather further but also in the legislative process welsh law names a king but its real developers were specialist lawyers anglo saxon england places the king first and foremost and scotland is somewhere between the two alice argued however that all three corpora have references in that imply strongly that the legislators expected the initial action against criminals to come from the communities in which the crimes were committed and the royal or state process would only creak into operation when that failed the english laws are full of communal obligations for default of which the king can penalise at what after the tenth century is usually a flat fine of 120 shillings welsh law has a whole set of pay scales for abetting crimes which are charged at the same rate as the crimes themselves but to the state rather than the victims and the more shadowy scottish references still assume posses who might hang a thief if he was caught in a style quite similar to the anglo saxon laws all or so alice argued expected the most immediate action to be taken in community leaving royal justice as a superstrate over a bustle of quite various local enforcement of communal solidarities for this reason the main focus of the laws in all three areas is on persons not communities who have broken out of their social bonds by reason of their actions an illustrated page from the laws of hywel dda in swansea national library of wales ms peniarth 28 fo 2r this met with some opposition and refinement in discussion paul brand pointed out that despite the texts focus on individual actions royal enforcement was carried out against whole communities such as the harrying of worcestershire in 1041 by king harthacnut s orders to pick just one 2 mark whittow suggested that the real rôle of law in these cases was to penalise action on behalf of the kindred i e feud as opposed to action on behalf of the community and wendy davies evinced scepticism that the local community existed in these areas as a group so clearly defined as that it could be expected to act as a body to the last alice correctly it seems to me said that the texts nevertheless envisage such a group with mutual knowledge though this doesn t remove wendy s objection that it s hard to show that was really there on the ground thomas charles edwards and tom lambert both raised the question of change however and here there seemed to be more room for modification at least about what the royal law was for tom has after all argued something not dissimilar to this but both he and professor charles edwards emphasised that the lawcodes we have i e the english ones develop new terms over the course of the tenth century as the kings try and open up space for themselves in what had previously been community action my notes no longer make it clear to me exactly how the three positions differed here but the focus of disagreement seems to have been on whether the legislators in all three cases were trying to use what the communities over whom they legislated already did to support it or to change it i think alice was arguing for the first two options but for england the swell of opinion elsewhere around the table seemed much more on the first plus the third it did seem to me what my notes do reflect that the english laws have as a big part of their agenda to regularise and eliminate local variation in custom and the detailed provisions of the welsh laws look like that to me also the scottish stuff i know much less well but since we don t have it as issued if it was it s harder to say the differences in practice here may not matter very much but the oxford scholarship seems even now to be very keen on knowing the minds of rulers and it does seem as if law should be a way one can do it to that way of thinking alice s paper was probably more subversive than it initially appeared 1 alice here contrasted patrick wormald the making of english law king alfred to the twelfth century 1 legislation and its limits oxford 2001 with ruth mazo karras slavery and society in medieval scandinavia new haven 1988 patrick s book is certainly where to start for more on any of the lawcodes mentioned in this post as for alice her beacon work so far might be leges scocie and the lawcodes of david i william the lion and alexander ii in scottish historical review vol 88 edinburgh 2009 pp 207 288 but this paper itself is out since last month only as lex scripta and the problem of enforcement welsh scottish and anglo saxon law compared in judith scheele fernanda pirie edd legalism justice and community legalism 2 oxford 2014 pp 47 76 2 so recorded in the anglo saxon chronicle in its entry for the year 1041 in whatever edition or translation you prefer to use mine of resort is michael swanton transl the anglo saxon chronicle london 1996 repr 1998 52 455160 1 887498 1 comment posted in anglo saxons celts institutions tagged alice taylor judicial practice laws of hywel dda leges scocie medieval law oxford scotland seminars wales before you write a charter posted on 21 august 2014 3 comments one of the things that i ve been thinking about for a long long time is the process in which an early medieval charter meaning the documents we now have got written there is a lot of assumption about this and exposure to original documents can often show that these assumptions are unjustified because the palæography or whatever demonstrates that it can t have been done that way sometimes this is even obvious in the text some charters talk about themselves having been placed upon the altar to symbolise a donation to a church for example which can t be correct as it stands the document can t have been finished before an action it describes in the past tense i ve seen it argued that the documents in question were part finished and then so deposited and then finished up afterwards and indeed sometimes perhaps not finished at all given the state of many papal documents so that sort of works but i also suspect that in this sense many of these documents are lying and the procedure they describe didn t take place as recorded be they never so authentic 1 how is an altar like a writing desk the much inscribed altar slab from the pre monastic church of sant pere de casserres if one steps back from the document for a moment and observes the process however there were presumably several stages in any transaction a charter records at least these would have probably included an initial approach by the person initiating the transaction to the other party and some negotiation between them about how it should go then a public meeting in which that transfer was enacted before witnesses and subsequently some shunting around of assets that constituted the actual transfer of property one could add more there s one charter in the vic archives where the two parties had arranged the transfer but couldn t arrange the actual meeting so they had chosen an intermediary and what the charter records is him being given the price and it being laid upon him to go to the first party transfer the price to him and return to the second party with title to the land presumably another charter that is not in fact the one that eventually came to vic suggesting that perhaps the transaction was never actually completed 2 there s another pair of charters in that same archive which replace earlier documents that had been lost and have witnesses recalling the ceremony in which the originals were made and those witnesses recall a second ceremony where the recipient went to his new lands and had the charters read out three times so everyone should know he was now the owner this is a lovely thing to have recorded and it certainly seems as if something like that should have happened and if only the scribe hadn t used titles for the officials involved that never get used ordinarily in catalan documents thus indicating that he was working from a written model ...