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7 posts categorized "Law"

28 May 2023

Death of the Wolf

Exactly a thousand years ago, on 28 May 1023, Lupus – ‘The Wolf’ – died in York. Lupus was the punning Latin name used by the prolific writer, cleric and royal adviser, Archbishop Wulfstan.

At the end of his entry on Wulfstan in the Oxford Dictionary of National Biography, Patrick Wormald wrote that research on Wulfstan’s manuscripts in the twentieth century had transformed him ‘from just another doubtless worthy Anglo-Saxon prelate into one of the half dozen most significant figures even in the crowded and dramatic history of eleventh-century England’. Settling on a list of the other five most significant figures is a distracting little game.

The opening of Wulfstan's Sermon to the English.

Wulfstan called himself Lupus (‘The Wolf’): Cotton MS Vespasian A XIV, f. 110r

Wulfstan, who had been bishop of London from 996 to 1002, became bishop of Worcester from 1002 to 1016 and archbishop of York from 1002 until his death in 1023. He had been a leading religious and political figure in the turbulent reign of King Æthelred the Unready (r. 978–1016). Although the Danish conquest of England by Cnut in 1016 saw a turnover in the English nobility, Wulfstan remained both a key royal adviser and archbishop of York under the new regime. He drafted laws for Cnut, as he had for Æthelred, and introduced reforms of both church and lay society.

Wulfstan’s own handwriting survives in a number of manuscripts, and a Latin poem praising him in one such volume (Cotton MS Vespasian A XIV), is thought to be in his own hand. The poem mentions Wulfstan’s name admiringly in each verse. It includes the line, Est laus wulfstano mea pulchritudo benigno pontifici cui sit dominus sine fine serenus ([This poem’s] beauty is praise for the kind Bishop Wulfstan, my Lord be endlessly merciful to him).

A Latin praise poem written by Wulfstan.

A poem praising Wulfstan, apparently written in his own hand: Cotton MS Vespasian A XIV, f. 148v

While no contemporary biographical account of Wulfstan’s life survives to set alongside the poem, we can reconstruct his life and career from his other works and from the manuscripts that he annotated. They show him to be a busy, restless figure, collecting legal, liturgical and instructional texts for use in the many crises of his day.

Wulfstan’s ‘letter-book’ (also Cotton MS Vespasian A XIV), compiled when he was Archbishop of York, includes a collection of letters written around two hundred years previously by the royal adviser and abbot, Alcuin (d. 804). Alcuin had sent advice to the English archbishops and to King Æthelred of Northumbria (r. 774–779, 789–796). He warned of the perils of sin, which he believed had led to Viking raids as divine punishment for the wickedness of the English. As Wulfstan was adviser to his own King Æthelred during another period of Danish invasion, he doubtless recognised the analogies between Alcuin’s times and his own.

The opening of Wulfstan's letterbook.

The opening of Wulfstan’s letter book: Cotton MS Vespasian A XIV, f. 114r

Wulfstan took these lessons to heart in his own time and drew upon Alcuin in his most famous work, Sermo Lupi ad Anglos quando Dani maxime persecuti sunt eos (The Sermon of the Wolf to the English when the Danes were persecuting them most). In this barnstorming speech, he warned the people that they could lose their kingdom unless they repented from sin:

Leofan men, gecnawað þæt soð is. Ðeos worold is on ofste, and hit nealæcð þam ende, and þy hit is on worolde aa swa leng swa wyrse. And swa hit sceal nyde for folces synnan ær antecristes tocyme yfelian swyþe, and huru hit wyrð þænne egeslic and grimlic wide on worolde.

Beloved men, recognise what is true: this world is in haste and approaches its end; and therefore, in this world things always worsen the longer they last. And so, it must by necessity deteriorate greatly before the coming of the Antichrist, because of the people sins, and indeed it will then be terrible and grim widely in the world. 

The opening of Wulfstan's sermon to the English.

The Sermo Lupi ad Anglos (Sermon of the Wolf to the English): Cotton MS Nero A I, f. 110r

This manuscript also contains law-codes, drafted by Wulfstan for Æthelred and Cnut. It includes the earliest surviving copy of laws (known as I–II Cnut) issued in Cnut’s name at a meeting at Winchester around 1020 or 1021. These laws are the most extensive record of law in England before the Norman Conquest. They drew on earlier English kings’ law-codes, and this copy, made in the third quarter of the 11th century, is now bound with copies of earlier law-codes that Wulfstan used and annotated.

An English law-code of King Cnut drafted by Wulfstan.

A law-code of King Cnut drafted by Wulfstan: Cotton MS Nero A I, f. 16r

We can see other aspects of Wulfstan’s activities in one of his own liturgical books (Cotton MS Claudius A III). This is a pontifical, a service book for the rites performed by a bishop. Wulfstan included in it Latin and Old English versions of an Æthelred law code that he had drafted. He seems to have added in his own hand the names of King Æthelred and himself between the lines of the text.

An Old English law-code of King Æthelred with added names written by Wulfstan.

A law-code of King Æthelred drafted by Wulfstan, with the added names of King Æthelred and Wulfstan: Cotton MS Claudius A III, f. 35r

In other manuscripts, Wulstan’s annotations show him minutely changing the wording of his own sermons, as well as correcting and supplementing the texts of others. He also oversaw the compilation of the first cartulary gathering together evidence of gifts of property to the cathedral priory of Worcester and leases of its land.

A page from the first cartulary of Worcester containing copies of leases.

Copies of leases in the first cartulary of Worcester: Cotton MS Tiberius A XIII, f. 87v

The manuscripts linked to Wulfstan reveal the multifaceted role of an early medieval bishop, responsible for pastoral care in his diocese and for the education and disciplining of the clergy, managing property, participating on the national stage as a major voice at the royal council and advising on the spiritual welfare of the kingdom.

Although Wulfstan died in York on 28 May 1023, he was buried, in accordance with his wishes, in the fenland abbey at Ely.

Claire Breay

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22 June 2022

The Law Code of Alfonso X

Alfonso X, King of Castile, Leon and Galicia from 1252 and 1284, was so renowned for his interest in books and scholarship that he was nicknamed ‘El Sabio’ (the Wise or Learned). He promoted and consolidated Spanish language in the kingdom, having astronomical, medical and scientific documents translated into the vernacular.

King Alfonso enthroned, holding a sword and a book surrounded by his seated subjects, with buildings in the background
King Alfonso enthroned, from the Law Codes of Alfonso X (Castile or Leon, 1250-1300): Add MS 20787, f. 1r

When he came to the throne in 1252 Alfonso found that much of the legislation in his newly-unified kingdom was from varied traditions, making it contradictory and sometimes unjust. He set to work to codify it in three major legal works. Alfonso’s Law Codes, laying out traditional laws and rights, pertaining to both the Church and State, had a profound influence on Spanish literature and culture from the earliest surviving Spanish chivalric tale, El Cavallero Cifar (c. 1300), to numerous plays of the Golden Age (16th-17th centuries).

King Alfonso in a curtained room dictates to three seated figures, one of whom, a scribe, is writing in a book
King Alfonso dictates to a scribe, from the Law Codes of Alfonso X: Add MS 20787, f. 1v

The king also promoted the study of law at the University of Salamanca, granting two new prestigious positions for professors of law, who were to be given the title Cavallero and Señor de Leyes, along with special privileges including being allowed to enter the presence of emperors, kings and princes at any time. One section of the law code was devoted to the educational ethos and curriculum of universities.

The king stands with courtiers, instructing workmen with tools who are building a church
The king instructs workmen who are building a church, from the Law Codes of Alfonso X: Add MS 20787, f. 75r

During Alfonso’s reign a workshop under his patronage produced a number of highly illuminated manuscripts, the most famous being the Cantigas de Santa Maria which contain 400 songs about the miracles of the Virgin Mary in Galician-Portuguese with musical annotation. Four copies survive, now located in libraries in Spain and Italy. In the same workshop a manuscript of the Primera Partida, the first book of Alfonso's most famous law codes known as the Siete Partidas, was produced. It is the earliest known copy, dated to second half of the 13th century, and is now in the British Library (Add MS 20787).

Initial ‘A’ with King Alfonso kneeling before an altar and presenting a book to God, whose face appears above
Initial ‘A’ with King Alfonso presenting a book to God, from the Law Codes of Alfonso X: Add MS 20787, f. 1v

Each of the seven books of the code begins with a letter in the name ‘ALFONSO’, so the Primera Partida begins ‘A servicio de Dios’ (In the service of God). It deals with the relationship between the lawmaker and God. And in this manuscript there are miniatures or pictorial initials at the beginning of each section, depicting the functions of the contemporary church and the clergy in Alfonso’s kingdom.

The letter ‘P’ with a child in a carved font being baptised by a bishop, who raises his hand in blessing; a priest and men and women stand round the font
The letter ‘P’ with a child being baptised by a bishop, from the Law Codes of Alfonso X: Add MS 20787 f. 4r

 

The letter ‘D’ with a bishop holding a book while performing an exorcism; a devil emerges from the mouth of a writhing figure, while others pray and assist
The letter ‘D’ with a bishop performing an exorcism, from the Law Codes of Alfonso X: Add MS 20787 f. 37r

You can admire all the pages of the British Library's copy of the Law Code of Alfonso X on our Digitised Manuscripts site, and read more about medieval legal manuscripts in our article on the The Polonsky Foundation England and France Project website.

Chantry Westwell

Follow us on Twitter @BLMedieval

19 November 2017

Happy birthday, Statute of Marlborough!

Earlier this month, we celebrated the 800th anniversary of the Forest Charter, Magna Carta’s little sibling. It inspired a new Tree Charter, with accompanying events ranging from bike rides to pole launches. Today, we commemorate the Statute of Marlborough. At 750 years old, issued on 19 November 1267, it’s one of the the oldest pieces of legislation in England still in force today.

The Statute of Marlborough almost didn’t make it to this day. Only four of its twenty-nine sections are still in force. In 2014, the Law Commission made plans to scrap it altogether. The surviving sections are now known as the Distress Act and the Waste Act. The Distress Act states that anyone seeking reimbursement for damages must do so through the courts, while the Waste Act ensures that the tenants do not lay waste, sell or ruin their lands and other resources without special permission. This is still a concern in modern agriculture:

Fermors, during their Terms, shall not make Waste, Sale, nor Exile of House, Woods, Men, nor of any Thing belonging to the Tenements that they have to ferm, without special Licence had by Writing of Covenant, making mention that they may do it; which thing if they do, and thereof be convict, they shall yield full Damage, and shall be punished by Amerciament grievously.

The closing page of the Statute of Marlborough: Cotton MS Claudius D II, f. 131r
The closing page of the Statute of Marlborough: Cotton MS Claudius D II, f. 131r

There are eight pieces of English legislation from the 13th century that have not been repealed. One of those is Magna Carta, which was originally issued by King John in 1215; the earliest versions were repealed, with the version now in force dating from 1297.

One of the two sources for the official Latin text of the Statute of Marlborough is held at the British Library (Cotton MS Claudius D II). It forms part of a book collecting English laws — the medieval version of legislation.gov.uk, you might say. You can see the Cotton manuscript of the Statute of Marlborough right now in our free Treasures Gallery, alongside a copy of the Forest Charter that was narrowly saved from destruction and a plan of the waterworks at Waltham Abbey

A plan of the waterworks at Waltham Abbey: Harley MS 391, ff. 5v–6r
A plan of the waterworks at Waltham Abbey: Harley MS 391, ff. 5v–6r

The plan of the waterworks at Waltham Abbey is further evidence of how the environment shaped the medieval world. Medieval monasteries aimed to be self-reliant, and water was key to this. This plan of a conduit built in 1220–22 at Waltham Abbey is one of the earliest surviving English maps. The water flows from three round sources at the top, through a filtration system, and into a pipe towards the abbey. It is found in a cartulary made for the abbey, a collection of charters copied into a single volume for reference and preservation. The agreements in this book show that the monks had to negotiate with several different landlords to build across their land.

 

Andrew Dunning (@anjdunning)

 

22 April 2017

How our ancient trees connect us to the past

Some of the most stunning creations of the Middle Ages are still alive. Britain is dotted with trees planted hundreds of years ago, with over 120,000 listed in the Woodland Trust’s Ancient Tree Inventory. Some of them are over a thousand years old. This year, organisations across the United Kingdom have created a Tree Charter, which seeks to recognise the importance of trees to our national life. This charter harks back to a very important medieval document, the Forest Charter, which was originally issued in the name of King Henry III of England (1216–1272) on 6 November 1217. 

Add Ch 24712

The Forest Charter, in the version reissued in 1225, with the great seal of King Henry III: Add Ch 24712.

The Forest Charter can be thought of as the younger sibling of Magna Carta. One of its primary aims was to regulate royal forests, which had been created by William the Conqueror and covered around a quarter of England during the 12th and 13th centuries. Today, we think of forests as lands covered with trees, but in the 13th century royal forests also included pastures and even villages – indeed, almost the entire county of Essex was declared a royal forest. From our perspective, this move to make huge swathes of land into royal forests seems remarkably forward-thinking. We might think that in doing this William was seeking to preserve England's trees, but he had a specific purpose for his conservation effort: he wanted lands for the crown to hunt wild animals and game, particularly deer. 

Royal_ms_13_b_viii_f010v

Animals romping in the margin of a manuscript of the works of Gerald of Wales: Royal MS 13 B VIII, f. 10v.

To regulate these vast tracts of land, a special ‘forest law’ was created to promote their use as royal game preserves, enforced by a small army of foresters. In theory, they could impose enormous punishments on offenders, up to capital punishment. In practice, they normally issued fines, making the forest an important source of income for the crown.

The barons living under this rule took issue with the 'forest law'. They drafted the Forest Charter, which sought to scale back this law (translation from The National Archives):

Henceforth, no man shall lose his life or suffer the amputation of any of his limbs for killing our deer. If any man is convicted of killing our deer, he shall pay a grievous fine, but if he is poor and has nothing to lose, he shall be imprisoned for a year and a day. After the year and a day expired, if he can find people to vouch for him, he shall be released; if not, he shall be banished from the realm of England.

The charter further rolled back the area of the forests to their boundaries at the beginning of the rule of King Henry II in 1154, where the lands could be shown to have been taken wrongfully. (Henry II had vigorously expanded the forest borders, to the point of creating hardship.) Crucially, the charter also sought to expand common access to the forests. In this period, people relied on areas of woodland to provide fuel for heating and cooking, as well as pasture in which to graze livestock. The Forest Charter, therefore, had important implications for common people. 

The charter was repeatedly confirmed as part of English law. It was in association with the Forest Charter that the name ‘Magna Carta’ was first used, to distinguish it as the large charter as opposed to its littler (and later) sibling. The British Library’s copy of the charter is a reissue from 1225, and appears to have narrowly escaped destruction.

The Forest Charter represents a pragmatic approach to define the value of forests and ensure that they can be accessed as a resource crucial to the everyday functioning of society. Aspects of this approach are still valuable, such as in attempts to calculate the natural capital of forests in economic terms. The story of the royal forests are also the subject of a new book to be published next month by the Royal Botanic Gardens at Kew, entitled Ancient Oaks in the English Landscape.

Andrew Dunning

Follow us on Twitter @BLMedieval

12 May 2016

St Pancras: From Roman Martyr to London Station

May 12 is St Pancras’s Day. As the name of London’s second busiest railway and underground station, the name ‘St Pancras’ is well known to many Londoners, as well as travellers from abroad, as the station is the terminus for Eurostar trains arriving from Europe.

The station is also across the road from the British Library. Colin St John Wilson's iconic, red-brick design for the library visually riffs on St Pancras Station's Victorian architecture. But how many of the thousands of people who pass through St Pancras Station and past the British Library each day are aware of the story behind the name?

Not much is known about the martyr St Pancras. The main source for his life is a short Latin account of his martyrdom. According to this text, Pancras was born to a wealthy Christian family somewhere in Phrygia (in modern day Turkey). After the death of his parents, he moved to Rome with his guardian. There Pancras and his guardian gave shelter to Christians persecuted by the Emperor Diocletian (284-305 CE). When the Emperor heard of  Pancras’s efforts to save Christians, he immediately summoned him. To his surprise, he discovered that Pancras was only 14 years old and, seeing his youth and determination, subjected him to a long trial.

A detail from the Queen Mary Psalter, showing a marginal illustration of St Pancras and the Emperor Diocletian.
Detail of St Pancras and the Emperor Diocletian, from Queen Mary Psalter, England (Westminster or East Anglia?), c. 1310-1320,  Royal MS 2 B VII, f. 249v

According to this account, Diocletian was impressed by Pancras, telling him, “My dear boy, take my advice and save yourself and give up this madness and I will treat you as my own son.” But, even after a long discussion to dissuade him from Christianity, Pancras remained true to his faith. Enraged, the Emperor ordered his immediate execution. Pancras was beheaded and buried by the Via Aureliana in Rome around 287CE.

A detail from the Queen Mary Psalter, showing a marginal illustration of the martyrdom of St Pancras.
Detail of St Pancras's martyrdom, from Royal MS 2 B VII, f. 250r

As with many of the early Christian martyrs, it was not his life or even his martyrdom that made Pancras' cult so popular, but the miracles associated with his tomb and relics. In around 590CE Gregory, the archbishop of Tours in France, claimed that anyone making a false oath at the saint’s tomb would be seized by a demon or would collapse and die. Consequently, an oath on Saint Pancras' relics was thought so potent that it could be held up in court as proof of a witness's testimony. 

No wonder, therefore, that Pancras’s relics were soon distributed to many other churches, towns and countries, including far-flung regions like Britain.

The end of Pope Vitalian's letter to Oswiu in an 8th-century copy of Bede's Ecclesiastical History.
End of Pope Vitalian’s letter to Oswiu, from Bede’s Ecclesiastical History of the English People, England (Wearmouth-Jarrow?), c. 775-825,  Cotton MS Tiberius A XIV, f. 111r

Perhaps the earliest written reference to the cult of Pancras in Britain comes from a letter from Pope Vitalian to King Oswiu of Northumbria in the 660s, copied by Bede into his Ecclesiastical History of the English People. The British Library has recently digitised a very early copy of Bede’s History (Cotton Tiberius A XIV). Vitalian mentions that he has sent Oswiu’s messengers back with relics of St Pancras and other Roman saints. The relics of Pancras sent by popes to England may have been used to re-consecrate old Romano-British churches or to set up new churches. As a result, churches dedicated to Pancras often claim to be among the oldest in Britain. These include St Pancras Old Church in Camden, a church near the British Library, from which the railway station takes its name.

From the 18th century onwards, St Pancras Old Church was widely regarded as one of the earliest churches in England. Although historical and archaeological evidence shows that the church does have early medieval origins, its early history before it is mentioned in Domesday Book is difficult to unravel. Efforts to do so, however, have resulted in important finds and discoveries.

One of the residents of the area, Ambrose Heal Sr, chairman of Heal’s Furniture in the early 1900’s, gathered a considerable collection of materials related to the parish of St Pancras. It was his enthusiasm for documents relating to Pancras that led him to acquire an eleventh-century manuscript containing one of the earliest copies of the life and the office (a set of prayers and hymns) of the saint. This manuscript, which his widow generously bequeathed to the British Library in 1914, is a part of a large collection of saints’ lives from eleventh-century Fulda, in what is now Germany. 

A detail from an 11th-century manuscript, showing the Office for St Pancras with accompanying musical notation.
Page from an Office for St Pancras, Fulda, 11th century, Add MS 38914A, f. 2r

St Pancras’s name marks a large spot on London’s street map, but the figure of the fourteen-year old Roman child-martyr himself is now forgotten. 12th May, the anniversary of his execution in Rome, is a good occasion to reflect on his long journey from early Christian Rome to the centre of Britain's bustling capital.

Peter Toth

 

04 March 2016

Cnut Manuscripts Now in the Treasures Gallery

The Vikings are back! To commemorate the 1,000th anniversary of the conquest of England by King Cnut in 1016, one exhibition case in the Sir John Ritblat Treasures Gallery (free admission, Monday to Sunday) is currently devoted to a variety of different sources from his reign.

Stowe_ms_944_f025r
Detail of a list of benefactors including 
‘Æðelred [the Unready] Cynge' and 'Cnut Cynge', from the New Minster Liber Vitae, England (Winchester), 1031, Stowe MS 944, f. 25r

The new display includes two charters, a list of benefactors from the Liber Vitae of the New Minster, Winchester, the account of Cnut’s defeat of Edmund Ironside in the ‘D’ version of the Anglo-Saxon Chronicle, and the earliest surviving copy of Cnut’s law codes issued at Winchester in 1020 or 1021.


Cotton_ms_nero_a_i_f011v
Section of Cnut’s law codes, from I-II Cnut, England, second half of 11th century, Cotton Nero A I, f. 11v

Apart from the two charters, all these manuscripts are now available on our Digitised Manuscripts website, but it is well worth seeing these variously sized manuscripts in person, if you are in London: for example, the law codes on display are the earliest surviving example of a ‘pocket-sized’ volume of English laws. So if you get the chance, do pop into the Treasures Gallery to learn more about what was happening 1,000 years ago!

Alison Hudson

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