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Anglo-Saxon authorities often punished lawbreakers with harsh corporal penalties, such as execution, mutilation and imprisonment. Despite their severity, however, these penalties were not arbitrary exercises of power. Rather, they were informed by nuanced philosophies of punishment which sought to resolve conflict, keep the peace and enforce Christian morality. The ten essays in this volume engage legal, literary, historical, and archaeological evidence to investigate the role of punishment in Anglo-Saxon society. Three dominant themes emerge in the collection. First is the shift from a culture of retributive feud to a system of top-down punishment, in which penalties were imposed by an authority figure responsible for keeping the peace. Second is the use of spectacular punishment to enhance royal standing, as Anglo-Saxon kings sought to centralize and legitimize their power. Third is the intersection of secular punishment and penitential practice, as Christian authorities tempered penalties for material crime with concern for the souls of the condemned. Together, these studies demonstrate that in Anglo-Saxon England, capital and corporal punishments were considered necessary, legitimate, and righteous methods of social control. Jay Paul Gates is Assistant Professor at John Jay College of Criminal Justice in The City University of New York; Nicole Marafioti is Assistant Professor of History and co-director of the Medieval and Renaissance Studies Program at Trinity University in San Antonio, Texas. Contributors: Valerie Allen, Jo Buckberry, Daniela Fruscione, Jay Paul Gates, Stefan Jurasinski, Nicole Marafioti, Daniel O'Gorman, Lisi Oliver, Andrew Rabin, Daniel Thomas.
Anglo-Saxon authorities often punished lawbreakers with harsh corporal penalties, such as execution, mutilation and imprisonment. Despite their severity, however, these penalties were not arbitrary exercises of power. Rather, they were informed by nuanced philosophies of punishment which sought to resolve conflict, keep the peace and enforce Christian morality. The ten essays in this volume engage legal, literary, historical, and archaeological evidence to investigate the role of punishment in Anglo-Saxon society. Three dominant themes emerge in the collection. First is the shift from a culture of retributive feud to a system of top-down punishment, in which penalties were imposed by an authority figure responsible for keeping the peace. Second is the use of spectacular punishment to enhance royal standing, as Anglo-Saxon kings sought to centralize and legitimize their power. Third is the intersection of secular punishment and penitential practice, as Christian authorities tempered penalties for material crime with concern for the souls of the condemned. Together, these studies demonstrate that in Anglo-Saxon England, capital and corporal punishments were considered necessary, legitimate, and righteous methods of social control. Jay Paul Gates is Assistant Professor at John Jay College of Criminal Justice in The City University of New York; Nicole Marafioti is Assistant Professor of History and co-director of the Medieval and Renaissance Studies Program at Trinity University in San Antonio, Texas. Contributors: Valerie Allen, Jo Buckberry, Daniela Fruscione, Jay Paul Gates, Stefan Jurasinski, Nicole Marafioti, Daniel O'Gorman, Lisi Oliver, Andrew Rabin, Daniel Thomas.
Law and Order in Anglo-Saxon England explores English legal culture and practice across the Anglo-Saxon period, beginning with the essentially pre-Christian laws enshrined in writing by King Æthelberht of Kent in c. 600 and working forward to the Norman Conquest of 1066. It attempts to escape the traditional retrospective assumptions of legal history, focused on the late twelfth-century Common Law, and to establish a new interpretative framework for the subject, more sensitive to contemporary cultural assumptions and practical realities. The focus of the volume is on the maintenance of order: what constituted good order; what forms of wrongdoing were threatening to it; what roles kings, lords, communities, and individuals were expected to play in maintaining it; and how that worked in practice. Its core argument is that the Anglo-Saxons had a coherent, stable, and enduring legal order that lacks modern analogies: it was neither state-like nor stateless, and needs to be understood on its own terms rather than as a variant or hybrid of these models. Tom Lambert elucidates a distinctively early medieval understanding of the tension between the interests of individuals and communities, and a vision of how that tension ought to be managed that, strikingly, treats strongly libertarian and communitarian features as complementary. Potentially violent, honour-focused feuding was an integral aspect of legitimate legal practice throughout the period, but so too was fearsome punishment for forms of wrongdoing judged socially threatening. Law and Order in Anglo-Saxon England charts the development of kings' involvement in law, in terms both of their authority to legislate and their ability to influence local practice, presenting a picture of increasingly ambitious and effective royal legal innovation that relied more on the cooperation of local communal assemblies than kings' sparse and patchy network of administrative officials.
Arguably, more legal texts survive from pre-Conquest England than from any other early medieval European community. The corpus includes roughly seventy royal law-codes, to which can be added well over a thousand charters, writs, and wills, as well as numerous political tracts, formularies, rituals, and homilies derived from legal sources. These texts offer valuable insight into early English concepts of royal authority and political identity. They reveal both the capacities and limits of the king's regulatory power, and in so doing, provide crucial evidence for the process by which disparate kingdoms gradually merged to become a unified English state. More broadly, pre-Norman legal texts shed light on the various ways in which cultural norms were established, enforced, and, in many cases, challenged. And perhaps most importantly, they provide unparalleled insight into the experiences of Anglo-Saxon England's diverse inhabitants, both those who enforced the law and those subject to it.
Æthelflæd (c. 870–918), political leader, military strategist, and administrator of law, is one of the most important ruling women in English history. Despite her multifaceted roles and family legacy, however, her reign and relationship with other women in tenth-century England have never been the subject of a book-length study. This interdisciplinary collection of essays redresses a notable hiatus in scholarship of early medieval England. Æthelflæd, Lady of the Mercians, and Women in Tenth-Century England argues for a reassessment of women’s political, military, literary, and domestic agency. It invites deeper reflection on the female kinships, networks, and communities that give meaning to Æthelflæd’s life, and through this shows how medieval history can invite new engagements with the past.
This volume of essays focuses on how individuals living in the late tenth through fifteenth centuries engaged with the authorizing culture of the Anglo-Saxons. Drawing from a reservoir of undertreated early English documents and texts, each contributor shows how individual poets, ecclesiasts, legists, and institutions claimed Anglo-Saxon predecessors for rhetorical purposes in response to social, cultural, and linguistic change. Contributors trouble simple definitions of identity and period, exploring how medieval authors looked to earlier periods of history to define social identities and make claims for their present moment based on the political fiction of an imagined community of a single, distinct nation unified in identity by descent and religion. Contributors are Cynthia Turner Camp, Irina Dumitrescu, Jay Paul Gates, Erin Michelle Goeres, Mary Kate Hurley, Maren Clegg Hyer, Nicole Marafioti, Brian O’Camb, Kathleen Smith, Carla María Thomas, Larissa Tracy, and Eric Weiskott. See inside the book.
This engaging study focuses on the role of assemblies in later Anglo-Saxon politics, challenging and nuancing existing models of the late Anglo-Saxon state. Its ten chapters investigate both traditional constitutional aspects of assemblies - who attended these events, where and when they met, and what business they conducted - and the symbolic and representational nature of these gatherings. Levi Roach takes into account important recent work on continental rulership, and argues that assemblies were not a check on kingship in these years, but rather an essential feature of it. In particular, the author highlights the role of symbolic communication at assemblies, arguing that ritual and demonstration were as important in English politics as they were elsewhere in Europe. Far from being exceptional, the methods of rulership employed by English kings look very much like those witnessed elsewhere on the continent, where assemblies and ritual formed an essential part of the political order.
The King’s Body investigates the role of royal bodies, funerals, and graves in English succession debates from the death of Alfred the Great in 899 through the Norman Conquest in 1066. Using contemporary texts and archaeological evidence, Nicole Marafioti reconstructs the political activity that accompanied kings’ burials, to demonstrate that royal bodies were potent political objects which could be used to provide legitimacy to the next generation. In most cases, new rulers celebrated their predecessor’s memory and honored his corpse to emphasize continuity and strengthen their claims to the throne. Those who rose by conquest or regicide, in contrast, often desecrated the bodies of deposed royalty or relegated them to anonymous graves in attempts to brand their predecessors as tyrants unworthy of ruling a Christian nation. By delegitimizing the previous ruler, they justified their own accession. At a time when hereditary succession was not guaranteed and few accessions went unchallenged, the king’s body was a commodity that royal candidates fought to control.
Some of the earliest examples of medieval canon law are penitentials - texts enumerating the sins a confessor might encounter among laypeople or other clergy and suggesting means of reconciliation. Often they gave advice on matters of secular law as well, offering judgments on the proper way to contract a marriage or on the treatment of slaves. This book argues that their importance to more general legal-historical questions, long suspected by historians but rarely explored, is most evident in an important (and often misunderstood) subgroup of the penitentials: composed in Old English. Though based on Latin sources - principally those attributed to Theodore, Archbishop of Canterbury (d.690) and Halitgar of Cambrai (d.831) - these texts recast them into new ordinances meant to better suit the needs of English laypeople. The Old English penitentials thus witness to how one early medieval polity established a tradition of written vernacular law.
This book explores the development and application of the law of treason in England across more than a thousand years, placing this legal history within a broader historical context. Describing many high-profile prosecutions and trials, the book focuses on the statutes, ordinances and customs that have at various times governed, limited and shaped this worst of crimes. It explores the reasons why treason coalesced around specific offences agreed by both the monarch and the wider political nation, why it became an essential instrument of enforcement in high politics, and why, over the past three hundred years, it has gradually fallen into disuse while remaining on the statute book. This book also considers why treason as both a word and a concept remains so potent in wider modern culture, investigating prevalent current misconceptions about what is and what is not treason. It concludes by suggesting that the abolition or 'death' of treason in the near future, while a logical next step, is by no means a foregone conclusion. The Rise and Fall of Treason in English History is a thorough academic introduction for scholars and history students, as well as general readers with an interest in British political and legal history.