Tag Archives: Patrick Wormald


An array of interesting links

I tend to store up interesting links against a day when I have no content to post, but the backlog situation has meant that not only does that never occur any more but that the links themselves get very old. I thought it was about time to clear some out! I had so many that categories seem necessary, even. So let me humbly suggest that you may wish to click to learn more about the following:

    Things from out of the ground

    A Celtic disc brooch looted by Vikings and now in the British Museum

    A Celtic disc brooch looted by Vikings and now in the British Museum, see below

  1. In no particular order, a previously-undiscovered Viking fortress, at Vallø in Denmark, located in mid-2014 by laser imaging and ground-penetrating radar;
  2. I have been known, in my cynical past, to say that the best way to hide an archæological discovery you wish to keep secret is to give it to the British Museum, due to their cataloguing backlog, but I was not wholly serious obviously, whereas this is a bit ridiculous (but has that brooch in it);
  3. further stuff has also been found, as is now de rigeur for all credible archæology in the UK, under a car-park, in Haddenham in Cambridgeshire where they hit what seems to have been a small sixth-century Anglo-Saxon cemetery during development work in February 2014;
  4. some eighth- to -tenth-century bodies found stuffed in a well Entrains-sur-Nohain in Burgundy provoke the writer of that post to several equally hypothetical Carolingian-history explanations
  5. an Iron Age hillfort at Broxmouth in East Lothian, Scotaland (just), has revealed what seems to be evidence of fifth-century BC steel-making;
  6. and there has been an array of hoards discovered that need their own subsection:
    A silver lidded vessel of Carolingian date recovered in a hoard from Dumfries in 2014

    A silver lidded vessel of Carolingian date recovered in a hoard from Dumfries described below

    1. a hoard of Viking silver loot, including what was once a really nice Carolingian lidded ewer or similar, found near Dumfries in south-west Scotland in late 2014;
    2. “one of the largest Roman coin hoards ever discovered in Britain”, 22,000 or so third-century coins found in Devon in November 2013 but only breaking into the news in September last year; I think Georgia Michael told me about this one so hat tip to her;
    3. and although 5,000 coins suddenly seems like not so big a deal, nonetheless, for the Anglo-Saxon period it is; I’m pretty sure this find nearly doubles the amount of King Cnut’s coinage known to exist in the UK, for example, and this one I definitely do owe to Georgia so off that hat comes once again;
    4. Posed photograph of some gold dinars from a hoard found off the coast of Israal

      I would not let someone do this with a gold find even before it had been catalogued, myself, but I am not the Israel Antiquities Authority, in whose care this hoard of Fatimid gold dinars ended up (see left)

    5. and two thousand is hardly trying, but firstly these ones were gold and secondly they were off the coast of Israel, dating to the reigns of the tenth- and eleventh-century Fatimid caliphs Al-Ḥākim and Al-Ẓāhir, and possibly coming from a sunken tax shipment, which I bet has caused a lot more diving since the news came out and which news I owe, once more, to Georgia Michael, who must have got the idea that I like coins or something…

    Things afoot in the research world (including those parts of it that blog)

  7. A new(-ish) project running out of Oxford to map all the various hillforts of the British Isles, presumably including that of Broxmouth above…
  8. … out of which project came the following endeavours from my native land, with lots to read if hillforts are of interest to you;
  9. a thorough and useful set of suggestions about what was wrong with the UK’s Research Excellence Framework exercise, not including its terrible name but with many other good points, from the self-appointed but persuasive Council for the Defence of British Universities (and here I owe a tip of the hat to Professor Naomi Standen);
  10. more light-heartedly, here is a reason for scribal errors that I had never considered, and still rather wish I hadn’t given some of the suggested remedies;
  11. a suggestion from a doctoral researcher at Sheffield that the current male fashion for extreme facial hair has medieval precedents, and plenty of modern ones too (a tip of the hat here to one of the Australian Medievalists);
  12. Things from out of the archive

    Fragments of a mid-seventh-century manuscript of the Qu'ran in the Mingana Collection, Cadbury Research Library, University of Birmingham

    Fragments of a mid-seventh-century manuscript of the Qu’ran in the Mingana Collection, Cadbury Research Library, University of Birmingham, see below

  13. Some extra fragments of illustration from the Catalan comital cartulary known as the Liber Feudorum Maior have been rediscovered!
  14. Following our theme of materials for the study of Anglo-Saxon England feared forever lost to scholarship, you may not necessarily be aware that after much deliberation about what to do with it, Professors Stephen Baxter and John Hudson have published the unfinished second volume of Patrick Wormald’s The Making of English Law on the Early English Laws website as Patrick Wormald, Papers Preparatory to the Making of English Law, vol. II, for which many people may be very grateful;
  15. the Vatican Library’s digitisation project has a new website and a much more searchable catalogue, though it does admittedly appear to be broken just now;
  16. and, to end with something at least that is very new and exciting, we have a lot of people coming to the Barber Institute just now because they have not read far enough down this story to realise that the very very early Qu’ran manuscript it describes is not yet on display here, but it is still extremely exciting!
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Picture of a Lombard legislator

I suppose the time comes in most early medievalist’s lives, periodically, when they find that they must deal with the ghost of Patrick Wormald. For me this presents comparatively little threat: I’m not an Anglo-Saxonist, I just play one in class, and though his work ranged across most of the West at times, I mostly escape any areas where I’d actually have to argue with him.1 All the same, the piece of work I most recently finished at the time I wrote this began in part as an answer to a question he asked on one of the two occasions I was lucky enough to meet him, and though there’s no knowing how he or the fields he worked in would now be if he were still alive, I’d still quite like to have told him what my answer had turned out to be.2 More immediately, though, to my great shame—any erstwhile students of mine please skip on to the next paragraph—despite knowing more or less what it argued from people’s references to it, I actually only just read (in September 2012, when I first drafted this) his 1977 piece, “Lex scripta and verbum regis“, and it prompted me to share a couple of characteristic bits.3

The first of these is the reminder that Patrick’s scholarship was full of edges, some of which could be quite blunt. Some of us might agree with the following, for example, but perhaps no-one else would have gone to this rhetorical effort to express it:4

“… it is not easy to account for the existence of much barbarian legislation in its extant form, simply in terms of the needs of justice and government. Some of the difficulties were implicitly acknowledged by Boretius, the editor of the Frankish capitularies for the Monumenta:

‘I take it for granted that, even if the understanding of particular details in the outward expression of the public life of the time escapes us completely, we are better able to recognize and distinguish the essentials of the matter, the underlying forces, than contemporaries. In fact, I am convinced that today we are better able to understand the legal sources of the Frankish period, to appreciate their meaning and implications, than the scribes and compilers of the period.’5

“In other words, we know what the Frankish legislators were trying to do and why, even if the texts themselves do not entirely support our views. Boretius was far from the most distinguished member of the Rechtsschule6[,] but a convoy is exposed by the speed of its slowest member….”

5 Quoted by Stein 1926, pp. 291-2. The judicious Plummer was less confident: ‘The study of the Anglo-Saxon laws often reduces me to a state of mental chaos. I may know, as a rule, the meaning of individual words; I can construe, though not invariably, the separate sentences. But what it all comes to is often a total mystery’; Plummer 1902, p. 102.

6 For criticism of his edition, cf. Ganshof 1957, pp. 40-1; and of similar assumptions by his colleagues, Goebel 1937, pp. 1-61.”

I mean, in terms of edge, that’s a seax, sharp side first then a surgically-placed blow with the bone-breaking back of the blade, done with great style but not what one of the scholars in Wormald’s footnotes here would call “comradely”. (I also note that to sustain the metaphor to full extent makes the weapon of choice, in fact, a torpedo, and Patrick therefore a submarine.) This doesn’t prevent the chapter going on to be incredibly interesting, of course, even if one of the strange things about it in retrospect is how readily he attributed incompetence to modern scholars because they had not attributed competence to the authors of the sources

One of the busiest submarines ever fielded by the Royal Navy, the Second World War HMS Sealion

The scholarship of Patrick Wormald as represented by one of the busiest submarines ever fielded by the Royal Navy, the Second World War HMS Sealion, image from Wikimedia Commons

But what drove me to put fingers to keyboard this time was a passing reference later on, in discussion of the Lombard laws, to the fact that some of the manuscripts have portraits of the kings in. I did not know this, and anyone who has ever tried Googling for images of things Lombard will know that there is suprisingly little out there one can use, but the edition he cited for details of this is the earliest series of laws in the Monumenta Germaniae Historica and this of course means that it is now online!5 Now, of course, this is not the same thing as copyright-free, though I guess Wikimedia Commons would make an argument, and in any case it turns out that the only one of these images actually replicated in the edition is from the Codex Cavensis which the then-editor dated to 1005, so it’s not what you could call contemporary. Nonetheless, it’s still cool, so I put a small version below and invite you to go and look at the real site linked through. Lombard law-giving, as seen during one of Italy’s sporadic attempts to have its own king maybe!6 Worth a squint.

Drawing by L. Bethmann of a portrait of a Lombard king issuing law in the Codex Cavensis, c. 1005

Drawing by L. Bethmann of a portrait of a Lombard king issuing law in the Codex Cavensis, c. 1005; click through for a link to the full-size original drawing in context at the dMGH

1. I have dithered a lot about whether to use the first name of a man I met all of twice and who probably wouldn’t have recognised me subsequently; I really didn’t know him that well. But ‘Mr Wormald’ just sounds awkward and dismissive, and seems to deny the force of personality that those who knew him still remember: witness the first few papers of Stephen Baxter, Catherine E. Karkov, Janet L. Nelson & David Pelteret (edd.), Early Medieval Studies in Memory of Patrick Wormald (Farnham 2009), especially Stuart Airlie, “Patrick Wormald the Teacher”, pp. 29-35, and of course, Jenny Wormald, “Living with Patrick”, pp. 37-43. So, Patrick, and I hope he wouldn’t have minded. Should you need a short guide to his scholarship, there’s also there Sarah Foot, “Patrick Wormald as Historian”, pp. 11-27. As for ranging across the West, I had also lately read, at the time I first wrote this, a clutch of essays responding to Chris Wickham’s The Framing of the Early Middle Ages: Europe and the Mediterranean 400-800 (Oxford 2005) in Journal of Agrarian Change Vol. 9 (Oxford 2009): almost all of them cite C. P. Wormald, “The Decline of the Western Empire and the Survival of its Aristocracy”, Journal of Roman Studies Vol. 66 (London 1976), pp. 217-226, which must be almost his first paper and is also, technically, a review. That’s not bad for long-lasting influence, is it?

2. He asked, “What formulary are the scribes in your area using?” and the answer became, more or less, J. Jarrett, “Comparing the Earliest Documentary Culture in Carolingian Catalonia” in Jarrett & Allan Scott McKinley (edd.), Problems and Possibilities of Early Medieval Charters, International Medieval Research 19 (Turnhout 2013), pp. 89-126.

3. P. Wormald, “Lex Scripta and Verbum Regis: legislation and Germanic kingship, from Euric to Cnut” in Peter Sawyer & Ian N. Wood (edd.), Early Medieval Kingship (Leeds 1977), pp. 105-138.

4. Ibid. pp. 105-106. His refs to: S. Stein, “Lex und Capitula: eine kritische Studie” in Mitteilungen des Instituts Österreichs für Geschichtsforschung Vol. 41 (Wien 1926), pp. 289-301; Charles Plummer, Life and Times of Alfred the Great (Oxford 1902); and François-Louis Ganshof, “Recherches sur les capitulaires” in Revue historique du droit français et étranger Vol. 4 (Paris 1957), pp. 33-87 & 196-246. Goebel 1937 is not in the volume’s bibliography, but is presumably Julius Goebel, Felony and Misdemeanor: a study in the history of English criminal procedure Vol. I (New York 1937, repr. Philadelphia 1976).

5. F. Bluhme (ed.), Leges Langobardorum, Monumenta Germaniae Historica (Leges in folio) IV (Hannover 1868), pp. xxx-xxxiv, plate inter pp. xxxii & xxxiii.

6. In 1002, on the death of Emperor Otto III, Arduin Marquis of Ivrea had been raised to the kingship of Italy, in eventual opposition to Otto’s successor in Germany, King Henry II (1002-1024). Henry eventually came and drove Arduin back to his home territories, getting himself crowned King of Italy in 1004, and Holy Roman Emperor in 1014, after which Arduin finally gave up and retired to a monastery. (On all this see Guiseppe Sergi, “The Kingdom of Italy” in Timothy Reuter (ed.), The New Cambridge Medieval History III: c. 900-1024 (Cambridge 1999), pp. 346-371, DOI: 10.1017/CHOL9780521364478.015, at pp. 364-368.) 1005 is therefore an interesting time for someone to be copying up the ancient laws of the Lombard kingdom. There is presumably recent work on the Codex Cavensis that either refines the date or makes this point, for example a quick search throws out Francesco Senatore, “La storiografia cavense dall’Ottocento ad oggi. Storia del Codex Diplomaticus Cavensis” in Rassegna storica salernitana, New Series Vol. 18 (Salerno 1992) pp. 131-160, but until such time as I have a need to read that I’ll leave this poorly-founded speculation lying around.

Seminar LXXXIV: going to law in post-Visigothic Spain

On the 2nd February I had a great quandary. In London, at the Institute of Historical Research, the estimable Rosemary Morris was presenting what I understand was an excellent paper featuring charters and shouty peasants; you’d think I’d have been there. But at the same time in Oxford, which is after all where I live now, Graham Barrett was presenting to the Oxford Medieval Church and Culture Seminar about surprisingly similar matters, and his charters and peasants were Spanish not Byzantine. Because of this ability to actually read the documents in question, and the matter of the train fare and late night, and also because Graham is one of two or three people who I’m perpetually glad aren’t working on Catalonia, because if they were I’d have nothing left to say, I opted in the end to stay in town for his paper. It is possible that Professor Morris’s paper will be covered by someone else, and I’ll mention it if that happens; I certainly hope it will. But Graham’s paper was entitled “Visigothic Law after the Visigoths” and it was certainly jolly interesting. It was also rather a while ago, but Graham said afterwards that he was disappointed to see that I wasn’t podcasting it live to the web, so I feel that a slight delay is only just revenge for his taking the mickey…

Title page of a 1058 León codex including a copy of the Liber Iudicorum

Title page of a 1058 León codex including a copy of the Liber Iudicorum, from the Biblioteca Digital Hispanica, seriously would you look at this manuscript isn't it great?

If you don’t know, and why would you etc., after the Muslims toppled the Visigothic kingdom in what is now Spain over the period 711-714, both the parts of it now under Muslim dominion and those not continued to use the lawcode of the Visigothic kings, the Forum Iudicum, Forum of the Judges or Book of Judges (as mentioned just the other day in fact) to regulate their affairs, at least the Christian populations did. This applies as much to Catalonia, and indeed the old Visigothic province in Gaul, Septimania, as it does to Aragón, Castile, León and Asturias (ironically, in the latter case, given how much time it had spent fending off the Visigothic kings when they were around), and argh 25 years ago already now Roger Collins wrote a neat article about this for the English Historical Review which is still an excellent place to start with this stuff.1 (There’s also a bucketload of work in Castilian and Catalan of course, which I don’t know as well as I know I should.2) Since then there has been some work on these matters for Catalonia, but rather less in English than one might wish, and Graham is now moving in to close that gap.3 The Visigothic Code, as it’s also known (and as it’s online in translation), remains important because it is a a weird mixture of the archaic, four- to six-hundred year old rulings being cited in courts, and the current: in Castile and León we have eighteen manuscripts of the code dating to before the twelfth century, mostly from shortly before then, because it was still being copied. These copies are not all complete, and all vary in details, selecting what is useful and adapting accordingly. A detailed comparison of the manuscripts therefore gives a kind of index into what people in any given area were worried about coming up in court, at least it does if we can plausibly locate the manuscripts’ place of use (and Wendy Davies, present, suggested that trying to map usage and citation of the Code around the known manuscripts would be informative, which indeed it would).

A Leonese royal charter of 860

A Leonese royal charter of 860; it doesn't cite the Law, but I haven't got an image of one that does I'm afraid

It’s not just the copies of the law itself that tell us about its use, though, it is cited in dozens of charters, often actually cited with book, title and chapter, and very often these citations are correct. This is impressive, but it’s perhaps more interesting when they’re wrong, or the relevant law doesn’t even exist; here we are presumably seeing a mis-learnt citation or a strong belief that something is such old custom that it just gosh-durn must be in the law; but in the latter case, it’s that it’s in the law that they feel will validate it, not that it’s old custom. (It’s possible, of course, that these citations are intentionally false, since not many people are actually going to be in a position to look this stuff up and in any given assembly the people who are are probably writing the charter…) Not all these uses are even identified, however, which goes to show that to some extent the law genuinely had shaped the way some things were done, or at least the words in which those things were written about. (Graham’s handout has a number of examples of this choice of an otherwise unparalleled phrase to talk about, for example, adultery or homicide.4) These words, Graham hazarded, were probably not usually passing from person to person in the context of full copies of the Code, but just single sheets of the most useful cites perhaps, tucked into a folder of example charters and scraps of formulary that the average scribe might have had to work from, rather than anything as grand as a book. That copying without context could explain a lot of the apparent deviations, though again one would expect practice to dictate which way they deviated.

Folio 64r of the 1058 Leonese copy of the Liber Iudicorum

Folio 64r of the 1058 Leonese copy of the Liber Iudicorum, showing Book IV Title 2 law 20

It has to be said that sometimes, when the laws were invoked, they were deliberately bent or mutilated. I think Graham used this example too, but I can’t pin it down in my notes so I’ll import it from Catalonia: there is a particular law in the code (IV.2.20, as shown above), which protects the rights of the heirs of a property-owner, as follows:

Every freeborn man and woman, whether belonging to the nobility, or of inferior rank, who has no children, grandchildren, or great-grandchildren, has the unquestionable right to dispose of his or her estate at will; nor can any arrangement that either may make, be set aside by any relatives of theirs….

This turns up a lot in donation charters, but when it does, crucially, pretty much everything between ‘whether’ and ‘great-grandchildren’ inclusive is usually left out, so that it becomes a law guaranteeing the right of unrestricted alienation of property when its framer (the glorious Flavius Chindasuinthus, King, no less, as you see above in red) had intended precisely the opposite. Not everyone citing the Code knew this, most likely, but some certainly did because they’d copied it themselves.5 Here we’re nudging at questions about authority and written norms and what you could do with them in the Middle Ages that have troubled many of us and will trouble many more, but the kind of work that Graham is doing here certainly add to the detail we can try and answer such questions from.

Title page of a 1600 edition of the Castilian version of the Book of Judges

Title page of a 1600 edition of the Castilian version of the Book of Judges, from Wikimedia Commons

The way that Graham wound up framing the way these texts were used, then, was as a point of departure. Often, the law would be invoked to set a penalty for a certain thing, but then the document in question records that with that out in the open, a compromise was then reached that was more agreeable to all parties. (Of course, there is a preservation factor operating here, because one of the compromises we see most often was to give some land instead of paying an impossible fine or becoming a slave—those of you who have heard Wendy Davies speak on such matters, or indeed Graham himself in Kalamazoo last year, will recall this practice no doubt—and charters in which land was transferred are tremendously more likely to survive than those in which fines were paid, because land remains relevant long after a person’s criminal reputation or lack of one has disappeared into generational memory loss. On the other hand, we don’t have very many charters at all in which someone sells land to raise money to pay a fine, at least not in which they tell us that’s what they were doing, and precious few where they are actually enslaved (although I could find you one in which such a person was then freed, which may be more likely to be preserved since he would need it to prove he could alienate property legally and that, in turn, would lead to it being preserved with the property charters, etc.6) so it may yet be that the compromise was much more common than the actual sentence being imposed. If I remember rightly, Graham said he knew of one document only out of the thousands surviving (albeit that only hundreds are court cases) where a sentence seems to have actually been carried out as in the law. Even there, I might caution, we’re still just assuming, as other cases where verdicts were subsequently abandoned show. In either case, the law is the framework that the parties start with, but even though the verdict is pronounced by judges, as in the Code, and carried out by an official called the saió just as in the Code, it is very rarely with the Code that people finished. It shaped their world, yes, but they made their own shapes out of it. Authority may not be the word we want: due process may be. The Code determined what was due about the process, and the actual hearing hopefully determined what was fair and equitable. It’s not a bad model for law in a society where enforcement is hard to find.

King Vermudo II of León and Galicia, as depicted in the 12th-century Libro de las Estampas

King Vermudo II of León and Galicia, as depicted in the 12th-century Libro de las Estampas, from Wikimedia Commons

The other thing that interested me especially was a coda in which Graham returned to a throwaway remark with which he’d begun about a note in the Chronicle of Sampiro that records that King Vermudo II of León (985-999) confirmed the ‘Laws of King Wamba’ at some point during his reign. Wamba’s contribution to the Code was very small, and where it occurs lengthy and pompous and making me think more of Patrick Wormald’s warnings about what kings really wanted out of legislation (i. e. to look like real royalty, rather than to improve the affairs of the realm) than almost anything else in the thing, but he was certainly the last king to add to it and therefore the final version was in some sense his; it must be the Code referred to here.7 If so, that’s really interesting because it’s at almost exactly that time that over in Barcelona a certain count called Borrell II whom you’ve heard me mention before started recruiting a new cadre of highly-trained judges to run his courts, one of whom indeed copied a text of the Forum Iudicum that we still have. Why did both of these Iberian potentates at either end of the peninsula decide to revive this juristic form of status-building? For Vermudo, of course, the claim was implicitly to stand in succession to Wamba, as the Code itself says that only the prince may issue laws. To issue the old laws therefore made him a king in that same old style. For Borrell, it was more subtle I suspect: as with much of his policy, his new stress on law and the Code emphasised that his authority stood on ancient foundations that no-one now in power had the authority to deny. The Code was older than the caliphs of Córdoba to whom he sometimes pledged allegiance, older than the Carolingians who’d installed his grandfather, and certainly older than those upstarts in León whom he may once, all the same, have got to consecrate him an anti-Carolingian archbishop.8 I’m pretty sure about all the ways in which, for Borrell, the Code was old. But after hearing Graham’s paper I know that I also need to pay some more attention to the ways in which it was also being made anew.

1. R. Collins, “‘Sicut lex Gothorum continet‘: law and charters in ninth- and tenth-century León and Catalonia” in English Historical Review Vol. 100 (London 1985), pp. 489-512; you could also see his “Visigothic Law and Regional Diversity in Disputes in Early Medieval Spain” in Wendy Davies & Paul Fouracre (edd.), The Settlement of Disputes in Early Medieval Europe (Cambridge 1986), pp. 85-104; both are reprinted in Collins, Law, Culture and Regionalism in Early Medieval Spain, Variorium Collected Studies 356 (Aldershot 1992), V & VI respectively.

2. The things I can most obviously think of are all by Aquilino Iglesia Ferreirós, specifically his “La creación del derecho en Cataluña” in Anuario de Historia del Derecho Español Vol. 47 (Madrid 1977), pp. 99-424 and more recently La Creación del derecho: una historia de la formación de un derecho estatal español : manual (Barcelona 1992) and (I gather from Dialnet) Max Turull, Aquilino Iglesia Ferreirós, Oriol Oleart Piquet, Mònica González Fernández, Historia del derecho español (Barcelona 2001).

3. For Catalonia, I can go no further without mentioning the excellent Jeffrey Bowman, Shifting Landmarks: Property, Proof, and Dispute in Catalonia around the Year 1000, Conjunctions of Religion and Power in the Medieval Past (Ithaca 2004), of which pp. 33-55 cover this stuff.

4. And since there has so far been no late Latin in this post at all, let me take one of his examples here: the Law says, “If a freeborn woman mixes herself up in adultery with her own slave or freedman, or else wishes to have him as her husband, and she is convicted of this by clear proof, she should be put to death”, “Si ingenua mulier servo suo vel proprio liberto se in adulterio miscuerit aut forsitan eum maritum habere voluerit et ex hoc manigesta probatione convincitur occidatur”, text from Karl Zeumer (ed.), Leges Visigothorum, Monumenta Germaniae Historica (Leges Nationum Germanicum) I (Hannover 1902, repr. 2005), transl. S. P. Scott as The Visigothic Code (Boston 1922), Book III Chapter 2 Title 2, emphasis Barrett’s. Then, we find in a charter preserved by the nunnery of Sobrado from 858 the confession, “I mixed myself up in adultery with the slave of Hermegildo named Ataulfo”, Commiscui me in adulterio cum servo Hermegildi nomine Ataulfo”, ed. P. Loscertales & G. de Valdeavellano in their (edd.) Tumbos del Monasterio de Sobrado de los Monjes (Madrid 1976), doc. no. 75, emphasis and transl. Barrett. Note, of course that firstly, that was not the woman’s slave but someone else’s, and secondly, that she was not put to death as the law prescribes. More on that below…

5. Here I run shamelessly off the back of Bowman, Shifting Landmarks, pp. 39-43. One of the people we know knew this stuff was my official favourite scribe, the judge Bonhom (or Bonsom, often, in the literature), whom Bowman discusses ibid. 84-99 along with his fellows. We know Bonhom knew it because we still have his own, heavily-glossed, copy of the Law, it being Biblioteca del Monasterio del Escorial, MS z.II.2, and recently fully edited as Jesús Alturo i Perucho, Joan Bellès, Josep M. Font Rius, Yolanda García & Anscarí Mundó (edd.), Liber iudicum popularis. Ordenat pel jutge Bonsom de Barcelona (Barcelona 2003). And, now that I look at Graham’s handout more closely, I see he has an example of just this kind of misuse of the same clause from Emilio Sáez (ed.), Colección documental de la Catedral de León (775-1230), vol. I (775-952), Fuentes y estudios de historia leonesa 41 (León 1987), doc. no. 256.

6. In fact, I will: it’s Eduard Junyent i Subirà (ed.), Diplomatari de la Catedral de Vic (segles IX i X), ed. Ramon Ordeig i Mata (Vic 1980-1996), doc. no. 161, also ed. in Ordeig (ed.), Catalunya Carolíngia IV: els comtats d’Osona i de Manresa, Memòries de la Secció històrico-arqueològica LIII (Barcelona 1999), doc. no. 392, in which a priest called Nectar buys someone out of penal slavery enjoined upon him for homicide. The relevance of this example is that the priest, whose name was Nectar, yet, already, says in the document that one sentenced to slavery cannot redeem himself, which looks like a legal citation but is actually not in the Law.

7. The chronicle reference is J. Pérez de Urbel, Sampiro: su crónica y la monarquía leonesa en el siglo X (Madrid 1968), cap. 30, Silense redaction, and when I invoke Patrick Wormald I mean his “Lex Scripta and Verbum Regis: legislation and Germanic kingship, from Euric to Cnut” in Peter Sawyer & Ian Wood, (edd.) Early Medieval Kingship (Leeds 1977), pp. 105-138.

8. On Borrell’s management of the past I hope you will soon be able to see J. Jarrett, “Caliph, King or Grandfather: strategies of legitimisation on the Spanish March in the reign of Lothar III” in The Mediaeval Journal Vol. 1 (Turnhout forthcoming); on the archbishop, meanwhile, see idem, “Archbishop Ató of Osona: false metropolitans on the Marca Hispanica” in Archiv für Diplomatik Vol. 56 (München 2010), pp. 1-41 at pp. 13-16, and refs there.

From mallus to mall via Patrick Wormald

There comes a time, I suppose, in the study of anyone who works on early England, when you come up against the writings of the late lamented Patrick Wormald, and find him disagreeing with you. Then, as I remember from meeting him, it is wise to take careful stock of what you know, because the odds are pretty good that it’s not as much as he did.

Depiction of King Ethelbert of Kent presenting his law to his subjects, by Lee Lawrie, on the South Façade of the Nebraska State Capitol

I have just been reading his paper in Davies & Fouracre’s Property and Power, and in it he discusses at length the 1086 claim of the bishopric of Worcester, in the person of the other Bishop Wulfstan, to hold the triple hundred of Oswaldslow and all the revenues from justice that are collected there. It has been argued, and was indeed being argued right then by Wulfstan, you see, that this is an ancient immunity that implies that the Anglo-Saxon kings were, like the Carolingians, giving away their rights to powerful supporters. Patrick proves to my satisfaction that these are recent claims, not supported by the evidence except that which Wulfstan had confected or arranged, and that as far as can be told Anglo-Saxon royal officials could always carry out justice in lords’ territories, at least as far as the rules were concerned.

The problem is, for me, that at the edges this seems like rules-lawyering. Patrick says:

… there may be a relationship between socage [the right to summon someone to your court for their crimes] and the lord’s jurisdiction over what would later be called his ‘manorial’ court. But ‘manorial’ jurisdiction is no more to be confused with franchisal rights than is ‘seigneurial’ with ‘feudal’ lordship.

And at that point my personal alarm bells go off because I think there is every possibility of confusion between seigneurial lordship and feudal lordship. The difference he’s hanging this on is that a seigneurial lord, or someone owning a manor, has judicial rights over the inhabitants because he owns them outright; a ‘feudal’ lord or someone with a franchise is taking judicial profits that correctly belong to the state, with varying degrees of legitimacy. I see the difference in theory, but I would find it very hard to draw it in practice, and I wonder how much it mattered.

Consider this parallel, if you want. In one imaginary state, for whatever reason, the government caves into a powerful business lobby and sticks administrative charges or whatever up so high that small shops can no longer make money, and the supermarkets and malls become the only outlets for goods. In another, instead, the supermarket owners merely take advantage of their greater capital and ability to buy stuff wholesale that the small shops can’t, and strangle them with market share; the government legislates to protect small business, but ineffectively and the shops all fold. People in the UK are arguing which of these things, if either, is happening to small shops at the moment, but the result is the same; the shops die off, the supermarkets cluster round the edges of town, everything functioning in town centres is part of a much bigger company and it all gets a bit Reaper Man. Similarly: if a medieval lord can draw people to his ability to give justice, I don’t know if it matters whether the state has commissioned him to give it or if their own courts continue alongside looking more and more useless. This latter is what seems to happen in Catalonia; it’s been argued that the former happened in France. Patrick would have argued, I guess, that neither happened in England, and I accept that. But neither can be assumed, and I don’t find the labels very helpful because they probably weren’t in use at the time and anyone who did perceive them would have had an interest in calling it one way or the other. I guess I need to track his thinking a bit more deeply and read The Making of English Law. It may just be that I’ve misunderstood, in which case feel free to suggest modifications…

The paper in question is Patrick Wormald, “Lordship and Justice in the Early English Kingdom: Oswaldslow revisited” in Wendy Davies & Paul Fouracre (edd.), Property and Power in the Early Middle Ages (Cambridge 1995), pp. 114-136, with quote at p. 130. For the decline of courts in Catalonia see Jeffrey Bowman, Shifting Landmarks: property, proof, and dispute in Catalonia around the year 1000 (Ithaca 2004) and for France, I guess, Jean-Pierre Poly & Eric Bournazel, The Feudal Transformation, transl. Caroline Higgit (New York 1983).