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Carolingian Kings and Barbarian Laws

Carolingian kings and the leges barbarorum
Thomas Faulkner, Cambridge University
In: Historical Research, Volume 86, Issue 233, pages 394–407, August 2013
DOI: 10.1111/1468-2281.12027

ABSTRACT:

This article examines various texts attributed to Charlemagne and Louis the Pious, associated with a reform of the Merovingian-era leges barbarorum. It argues that in some cases their attribution to a king is not secure, and proposes they be seen instead as derived from local meetings, independent of direct royal influence. If approached in this way, the contents allow some insight into how the leges were read in the Carolingian period, which is otherwise difficult to derive from surviving sources. They suggest that the leges were used broadly, practically and flexibly in disputes, and were not seen as official, royally endorsed law. This conclusion is reached through a careful analysis of texts like e.g. the so-called Lex Francorum Chamavorum. But also a series of other texts are being reconsidered by Thomas Faulkner. The article presents us with a fresh introduction to some of the major debates in the scholarly circles treating these diverse and to some extent enigmatic texts.

The article is part of a collection of papers presented at a conference in Copenhagen in 2011 organised in collaboration between three digitisation projects: “Early English Law“, “Nordic Medieval Laws” and “Relmin”.

READ MORE:

Read also about the context of the article in “Medieval Law”

 

 

 

Medieval Scandinavian Provincial Laws

The creation of a Scandinavian provincial law: how was it done?
Stefan Brink, University of Aberdeen
DOI: 10.1111/1468-2281.12006

ABSTRACT:

It is well known that lawmaking was inseparable from kingship in England and on the continent. Therefore, there has also been a predominant tendency to see the Medieval Scandinavian provincial laws in a regal context. In this light, the initiators of laws were kings and men belonging to the upper stratum of society, and the laws themselves are seen as reflecting the societal situation, in which they were written down. This article focuses on ‘peripheral’ or ‘provincial’ laws, such as the Icelandic Grágás, the main Svea Law, the Uppland Law and not least the Hälsinge Law. It attempts to show that such laws were not inventions of any one person or group in the thirteenth or fourteenth century, and that they cannot only be mirroring the time, in which they were written down. Rather there are complex layers in the versions of these laws which survive: some old customary law, some probably newly composed law, some having their roots in Roman legal tradition and some in canon law. The picture which emerges is much less clear-cut than has been supposed, showing many regional differences and peculiarities. A key witness to this is the Law of the Hälsinger. In medieval Hälsingland  a king or king-like person was very seldom present and no archaeological or historical sources witness to the presence of an aristocracy. The Land-owning class consisted of free farmers, says Stefan Brink, and goes on to argue how the law was the result of a rewriting of another provincial law, the Uppland Law, but with significant adjustments derived from local customs and inspired by Norwegian legal tradition. The conclusion is that careful shifting may uncover such complex layers in the wider spectrum of Medieval Scandinavian Laws.

The article is part of a collection of papers presented at a conference in Copenhagen in 2011 organised in collaboration between three digitisation projects: “Early English Law“, “Nordic Medieval Laws” and “Relmin”.

READ MORE:

Read also about the context of the article in “Medieval Law”

 

 

 

Medieval Forest laws in England and Normandy in the twelfth century

old-oaktree-savernake-forest
Old Oak from The Savernake Forest

Forest laws in England and Normandy in the twelfth century
Judith A. Green, University of Edinburgh
In: Historical Research, Volume 86, Issue 233, pages 394–407, August 2013
DOI: 10.1111/1468-2281.12003

ABSTRACT:
One of the oldest ideas about the Norman conquest is that William the Conqueror introduced into England from Normandy the legal concept of ‘foresta’, land where hunting and the environment in which it took place were protected by draconian laws. However, the medieval forest laws were not imposed on a blank canvas, and a combination of different factors, such as earlier extensive royal hunting rights, the king’s will, the application of forest law to land ‘outside’, which was organized in manors and assessed for geld, and the status of escheated land as temporary royal demesne; all worked towards a great expansion of the afforested area. In England a great deal of non-royal demesne was under forest law, whereas in Normandy ducal forests were broadly speaking ducal demesne. In England the competing interests of royal sport and revenue and those of the political elite combined with population growth pressured to make the forests a toxic political issue in a way not paralleled in Normandy.

The article is part of a collection of papers presented at a conference in Copenhagen in 2011 organised in a collaboration between three digitisation projects: “Early English Law“, “Nordic Medieval Laws” and “Relmin”.

READ MORE:

Read also about the context of the article in “Medieval Law”

 

The Breviary of Alaric and the Jews

How did the authors of the Breviarium Alaricanum work? The example of the laws on Jews
Capucine Nemo-Pekelman, Université Paris Ouest Nanterre La Défense
In: Historical Research, Volume 86, Issue 233, pages 394–407, August 2013
DOI: 10.1111/1468-2281.12019

ABSTRACT:
To understand the authors of the Breviarium Alaricanum and their purpose, logic and their methods it is necessary to undertake an internal study of the work – a law code collected in sixth-century Aquitaine. This article analyses Alaric’s Breviary, focusing specifically on those laws that concern the Jews. In the authors’ selection of the sources of Roman law, and the organization of those laws in the Breviary, the ‘prudentes’ who produced it made significant choices. This is even more apparent in the rewriting and commentaries. These laws reflect the issues which existed in Western Jewish communities at that time – issues which, as the compilers knew, were still dealt with in tribunals. In their selection and rewriting the prudentes took rather radical steps of removing passages which were not strictly legislative, deleted the majority of contradictory measures and clarified the style”. According to Nemo-Pekelman this was in contradiction to the codifiers of the Theodosian Code, who “had created a consistent work of propaganda on the model of apologetic and heresiological literature to create new legal categories of citizens defined by their religious adherence. They had produced a legal category for heretics, one for pagans and one for the Jews” … “this accumulation of laws and their classification was meant to underline that these citizens ere a marginal group within the civic body” (p.300) According to Capucine Nemo-Pekelman, the authors of the breviary of Alaric did not extend this work of propaganda.

The article is part of a collection of papers presented at a conference in Copenhagen in 2011 organised in a collaboration between three digitisation projects: “Early English Law“, “Nordic Medieval Laws” and “Relmin”. The work on the Breviary of Alaric was carried through in the framework of Relmin.

Early English Laws and Archaeology in seventh-century England

Social structures and social change in seventh-century England – the law codes and complementary sources
By John Hines, Cardiff University
In: Historical Research, Volume 86, Issue 233, pages 394–407, August 2013
DOI: 10.1111/1468-2281.12002

Even though the very early English laws are preserved only in the Textus Roffensis and Ine’s Law code only as an appendage to Alfred’s later laws it is generally believed that they represent a genuine textual tradition. However, the extent to which they should be understood as symbolic assertions of royal power or practical collections of laws which were used to guide the owners in concrete clashes has traditionally been heavily disputed. A carefully contextualized reading by John Hines of the four surviving Anglo-Saxon law codes issued in the seventh century, three from Kent and one from Wessex, shows the body of legislation they contain to be coherent and practical, and to support subtle insights into social relationships, processes of social change, and areas of social stress in that period. The importance of especially archaeological evidence, in particular that concerning the use and significance of materials and artefacts, and developments in settlement structures and the overall settlement pattern, is particularly emphasized. For instance the attention is drawn to the fact that the gold-buckle in the grave-assemblage from Sutton Hoo was made from a quantity of gold, representing 300 Kentish gold shillings corresponding to the exact “wergeld” of a nobleman.

The article is part of a collection of papers presented at a conference in Copenhagen in 2011 organised in a collaboration between three digitisation projects: “Early English Law“, “Nordic Medieval Laws” and “Relmin”.

Empire

empire-call for papersEach year IMC in Leeds choose a special thematic strand; for 2014 it is “Empire”.

2014 is the year when the world will celebrate two important anniversaries –the 2000 years since Augustus died and the 1200 years since Charlemagne passed away. Both events will be duly celebrated all over Europe with conferences, exhibitions and publications. Probably inspired by this, the thematic strand for the IMC next year is “empire” or “imperium”.

In the call for papers the organisers write that: “Although the last Western Roman emperor was deposed in 476, the Roman Empire continued to shape imagination even when it had ceased to play a major political role. Throughout the Middle Ages, “Empire” suggested a claim to universal lordship. The concept of imperium implied not only the ability and power to exercise authority over others, but could also be used to distinguish spiritual from secular spheres of power. There was also the concept of “informal empire”, a term often employed by modern historians to describe a group of distinct territories held together by ties of commerce, ideology, dynastic traditions, or conquest. “Informal empires” were forged by King Cnut in the 11th century and by the rulers of Aragon in the 14th. The papacy, the western Empire, and Byzantium all claimed to inherit the mantle of Rome, while the Caliphates expressed a similar claim to universal leadership. The meaning of imperium, in turn, became a central issue in medieval scholarship, whether in scholastic theology, medieval philosophy, canon law, or the writing of history and literature. No type of empire was unable to avoid challenges (and challengers). Each type exercised a profound influence not only on politics, but on every aspect of daily life: on commerce and trade as well as the environment, cultural practice, social structures and organisation, the movement of ideas and people. Empires and their rulers could also be products of political and cultural memory and myth-making, with Charlemagne, Arthur, and Troy perhaps among the more famous examples. “Empire” was not limited to the regions surrounding the medieval Mediterranean. Universal monarchy was central to the self-representation of imperial China, while informal empires rose and fell in Africa as well as in Asia and pre-Columbian America. Christian, Confucian, Buddhist, and Islamic scholars discussed ‘Empire’ in all its varieties and forms. Empire was a universal phenomenon, and thus calls for sustained exploration across a wide range of disciplines, and geographical and chronological areas of expertise.”

Points of discussion could include:

  • The role of settlers, merchants, rulers, and others in creating and fashioning empire
  • The decline and fall of empires
  • The typology of empire
  • The governance and organisation of empires
  • The experience of empire by individuals and communities
  • The representation of Empire in music, art, literature, and material culture
  • Traditions of empire, their use and development
  • Theoretical models of Empire: Medieval and modern
  • Concepts and practices of empire in the Islamic world, Africa, America, and Asia
  • The role of imperium in medieval philosophy, theology, and literature
  • The role of universal authority in medieval thought and practice
  • The influence of medieval concepts and practices of empire on their post-medieval successors

READ MORE: See the full call for papers at the IMC Website

Read about a recent symposium in Germany in connection with the exhibition on Otto the Great: Otto der Grosse und der Römische reich. Kaisertum Zum Mittelalter.

Read about the Karlsjahr 2014

Hot or not – in Leeds

Word-counts can be used to uncover what the hot topics were at the Medieval Congress in Leeds …

Doing a work–count–analysis is very simple. You just run a text through a site like WriteWords and the list crops up.

What then are the results of an analysis of the sessions at the International Medieval Congress in Leeds this year apart from the 145 times “pleasure” and “pleasures” was mentioned? (Pleasure was the overarching thematic strand)

First of all it is pertinent to mention that the most frequent word was English (24). Paired with England + Britain (22) the slant is apparent. Participants may come from all over the world, but a significant number does come from England and give presentations on such topics as local history in Chester and elsewhere. However it is worth mentioning that Europe also played a significant role, mentioned 23 times.

Bodmer+Causa+6

Looking at perspectives it is pertinent to mention that the word culture may only have been mentioned 14 times. However cultural was used 12 times, making it by far the most important orientation (26). Compared to this political and politics (22), social (14) and spiritual (13) perspectives were much less prominent.

Considering topics, the most important was text(s) (30). This was followed by medieval law (23), literature (21) history (16) saints (13) and finally violence and military (12). Less prominent but still important were topics like crusades (10), communities (10), music (9) landscapes (9) and the Venerable Bede (9). Finally a bit further down the list we find Cistercian (8) and Byzantium (8) mentioned topped off by such locations as Italy, Ireland and Scandinavia.

To sum it up: Anyone in search of a hot topic in Leeds this summer might have focused on Cultural Perspectives on Early Medieval English Laws and their Textual and Literary Qualities. Not that anyone gave such a paper but someone might very well have done…

 

READ MORE:

Read the word-count-analysis done on the programme at Kalamazoo 2013

The Conversion of Scandinavia

the Conversion of ScandinaviaThe Conversion of Scandinavia. Vikings, Merchants, and Missionaries in the Remaking of Northern Europe

Winner of the 2013 Gustav Ranis International Book Prize awarded by the MacMillan Center at Yale University.

In this book a MacArthur Award-winning scholar argues for a radically new interpretation of the conversion of Scandinavia from paganism to Christianity in the early Middle Ages. Overturning the received narrative of Europe’s military and religious conquest and colonization of the region, Anders Winroth contends that rather than acting as passive recipients, Scandinavians converted to Christianity because it was in individual chieftains’ political, economic, and cultural interests to do so.

Through a painstaking analysis and historical reconstruction of both archaeological and literary sources, and drawing on scholarly work that has been unavailable in English, Winroth opens up new avenues for studying European ascendency and the expansion of Christianity in the medieval period.

ABOUT THE AUTHOR:

Anders Winroth is professor of history at Yale, is the author of The Making of Gratian’s Decretum, for which he was awarded a MacArthur Fellowship in 2003. He lives in New Haven, CT.

The Conversion of Scandinavia. Vikings, Merchants, and Missionaries in the Remaking of Northern Europe
By Anders Winroth
Yale University Press (January 24, 2012)
ISBN-13: 978-0300170269

Winner of the 2013 Gustav Ranis International Book Prize awarded by the MacMillan Center at Yale University.

Vikings – The North Atlantic Saga

Vikings-the North Atlantic SagaVikings: The North Atlantic Saga

The story of the Viking expansion west across the North Atlantic between AD. 800 and 1000, the settlement of Iceland and Greenland, and the exploration of northeastern North America, is a chapter of history that deserves to be more widely known. Norse discoveries in the North Atlantic are the first step in the process whereby human populations became connected into a single global system. The Norse, and their Viking ancestors, are little known, misunderstood, and almost invisible on the American landscape. Although Norse voyages were known since the early 1800’s, the near absence of physical evidence of Vikings in the New World has rendered the information, and the possibility that Norse explorers reached the North American mainland five hundred years before Columbus, speculative, at best. Yet, discovery of a Viking site in Newfoundland in 1960 confirmed a pre-Columbian European presence in the Americas, and Norse artifacts found in archaeological sites scattered throughout the eastern Canadian arctic and sub-arctic, raise the issue of how far south of Newfoundland the Norse did explore, and what impact their contacts had on Native Americans.

The term “Viking” is indelibly associated with seafaring warriors. Carpentry, and especially boat building, were skills known to all Viking men, and along with maritime skill, was the characteristic upon which Viking expansion and influence depended. Viking craft had an advantage over all other watercraft of their day in speed, shallow draft, weight, capacity, maneuverability, and seaworthiness, giving Vikings the ability to trade, make war, carry animals, and cross open oceans safely. The territorial expansion of the Vikings from their Scandinavian homelands began in the last decades of the eighth century, and started as seasonal raids on the British Isles. Those Vikings who ventured west settled the islands of the North Atlantic. Many theories attempt to explain what propelled Vikings outward from their northern homelands: developments in ship construction and seafaring skills; internal stress from population growth and scarce land; loss of personal freedom as political and economic centralization progressed; but the overriding factor seemed to be an awareness of the opportunities for advancement. By taking on lives as soldiers of fortune, Vikings could dramatically alter their prospects: becoming wealthy, reaping glory and fame in battle, and achieving high status as leaders and heroes based on their own abilities and deeds. Although there is reason for speculation about how far the Norse traveled south of Newfoundland, recent archaeological research provides a solid basis for understanding more about Norse explorations and contacts in the north. Archaeologists found Norse artifacts in early Inuit (Eskimo) sites in the Canadian arctic and Greenland. That people of the Dorset culture had begun to replace their stone blades with metal after AD. 1000 seemed curious, although understood when both late Dorset and Early Thule sites began to produce not only Norse iron and copper, but a host of other Norse materials. Soon Norse materials were reported from many eastern Canadian arctic and northwest Greenland sites dating to the Norse period. These finds suggest that Native Americans interacted with the Norse in a variety of ways: by casual contacts, scavenging Norse wrecks, or outright skirmishes

This volume celebrated the Vikings’ epic voyages, which brought the first Europeans to the New World. In doing so, the ring of humanity that had been spread in different directions around the globe for hundreds of thousands of years, was finally closed. Even though Leif Eriksson’s was not the first—nor the last—voyage of Viking exploration, nor did it lead to permanent settlement in the Americas, his voyage achieved an important and highly symbolic goal that made the world an infinitely smaller place.

This book is a catalogue published in connection with an exhibition in Washington 2000 celebrating the Viking Passage to America in the 1000. It is still worth a read.

Vikings : The North Atlantic Saga
William F. Fitzhugh and Elisabeth I. Ward
Smithsonian Books; First Edition 2000
ISBN-13: 978-1560989950

Ships and Men in the Late Viking Age

ships and men in the viking world judith jeschShips and Men in the Late Viking Age: The Vocabulary of Runic Inscriptions and Skaldic Verse

The Vikings were the master mariners and ship-builders of the middle ages: their success depended on these skills. Spectacular archaeological finds of whole or partial ships, from burial mounds or dredged from harbours, continue to give new and exciting evidence of their practical craftsmanship and urge to seek new shores. The nautical vocabulary of the Viking Age, however, has been surprisingly neglected – the last comprehensive study was published in 1912 and was heavily dependent on post-Viking Age sources.

Far better contemporary sources from the later Viking Age are available to document the activities of men and their uses of ships from c.950-1100, and Judith Jesch undertakes in this book the first systematic and comparative study of such evidence. The core is a critical survey of the vocabulary of ships and their crews, of fleets and sailing and battles at sea, based on runic inscriptions and skaldic evidence from c.950-1100. This nautical vocabulary is studied within the larger context of ‘viking’ activity in this period: what that activity was and where it took place, its social and military aspects, and its impact on developments in the nature of kingship in Scandinavia.

ABOUT THE AUTHOR:

JUDITH JESCH is Reader in Viking Studies at the University of Nottingham, and author of Women in the Viking Age.

 

Ships and Men in the Late Viking Age: The Vocabulary of Runic Inscriptions and Skaldic Verse
By Judith Jesch
Boydell Press 2008
ISBN-13: 978-0851158266

The Viking World

the-viking-world-bookThe Viking World (Routledge Worlds)

Filling a gap in the literature for an academically oriented volume on the Viking period, this unique book is a one-stop authoritative introduction to all the latest research in the field.

Bringing together today’s leading scholars, both established seniors and younger, cutting-edge academics, Stefan Brink and Neil Price have constructed the first single work to gather innovative research from a spectrum of disciplines (including archaeology, history, philology, comparative religion, numismatics and cultural geography) to create the most comprehensive Viking Age book of its kind ever attempted.

Consisting of longer articles providing overviews of important themes, supported by shorter papers focusing on material of particular interest, this comprehensive volume covers such wide-ranging topics as social institutions, spatial issues, the Viking Age economy, warfare, beliefs, language, voyages, and links with medieval and Christian Europe.

This original work, specifically oriented towards a university audience and the educated public, will have a self-evident place as an undergraduate course book and will be a standard work of reference for all those in the field.

The Viking World (Routledge Worlds)
Stefan Brink (Editor), Neil Price (Editor)
Routledge 2011

The Viking Way – Religion and War in Late Iron Age Scandinavia

The_Viking_WayThe Viking Way: Religion and War in Late Iron Age Scandinavia

Magic, sorcery and witchcraft are among the most common themes of the great medieval Icelandic sagas and poems, the problematic yet vital sources that provide our primary textual evidence for the Viking Age that they claim to describe. Yet despite the consistency of this picture, surprisingly little archaeological or historical research has been done to explore what this may really have meant to the men and women of the time.

This book examines the evidence for Old Norse sorcery, looking at its meaning and function, practice and practitioners, and the complicated constructions of gender and sexual identity with which these were underpinned. Combining strong elements of eroticism and aggression, sorcery appears as a fundamental domain of women’s power, linking them with the gods, the dead and the future. Their battle spells and combat rituals complement the men’s physical acts of fighting, in a supernatural empowerment of the Viking way of life. What emerges is a fundamentally new image of the world in which the Vikings understood themselves to move, in which magic and its implications permeated every aspect of a society permanently geared for war. In this fully revised and expanded second edition, Neil Price takes us with him on a tour through the sights and sounds of this undiscovered country, meeting its human and otherworldly inhabitants, including the Sami with whom the Norse partly shared this mental landscape. On the way we explore Viking notions of the mind and soul, the fluidity of the boundaries that they drew between humans and animals, and the immense variety of their spiritual beliefs. We find magic in the Vikings’ bedrooms and on their battlefields, and we meet the sorcerers themselves through their remarkable burials and the tools of their trade.

Combining archaeology, history and literary scholarship with extensive studies of Germanic and circumpolar religion, this multi-award-winning book shows us the Vikings as we have never seen them before.

The Viking Way: Religion and War in Late Iron Age Scandinavia
By Neil Price
Published by the Department of Archaeology and Ancient History, Uppsala University 2002. New edition will be published 2014 by Oxbow
ISBN:         91-506-1626-9

Viking Ships

viking-ships-museumViking Ship Museum Boats

The Viking Ship Museum in Roskilde is the Danish museum for ships and shipping in prehistoric and medieval times. The museum collection is based on the five viking ships which were excavated at Skuldelev in 1962 and through reconstructions of those and other vessels, the museum aims to bring life to the archaeological finds. The boat collection continues to grow and reveals how the wooden vessels of today still show visible evidence of having viking forefathers – it has not been necessary to change the basic principles of boat construction in a thousand years! The book provides an overview of the various boat types in the collection. Leveringstid kan forekomme.

 The Viking Ships Museum Boats
By Max Vinner
Vikingeskibsmuseet 2002
ISBN 978-87-85180-48-3.
Price: €20