Valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society. Pre-Conquest English law was among the most sophisticated in early medieval Europe. Composed largely in the vernacular, it played a crucial role in the evolution of early English identity and exercised a formative influence on the development of the Common Law. However, recent scholarship has also revealed the significant influence of these legal documents and ideas on other cultural domains, both modern and pre-modern. This collection explores the richness of pre-Conquest legal writing by looking beyond its traditional codified form. Drawing on methodologies ranging from traditional philology to legal and literary theory, and from a diverse selection of contributors offering a broad spectrum of disciplines, specialities and perspectives, the essays examine the intersection between traditional juridical texts - from law codes and charters to treatises and religious regulation - and a wide range of literary genres, including hagiography and heroic poetry. In doing so, they demonstrate that the boundary that has traditionally separated "law" from other modes of thought and writing is far more porous than hitherto realized. Overall, the volume yields valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society.

The Making of Felony Procedure in Middle English Literature explores the literary inheritance of criminal procedure in thirteenth to fifteenth century English law, focusing on felony, the gravest common law offense. Most scholarship in medieval law and literature has focused on statute and theory, drawing from the instantiating texts of English law: acts of Parliament, judicial treatises, the Magna Carta. But those whose job it was to write about the law rarely wrote about felony. Its definition was left to its practice--from investigation to conviction--and that procedure fell to local communities who were generally untrained in the law. Left with many practical and ethical questions and few legal answers, they turned to cultural ones, archived in sermons they had heard, plays they had seen, and poetry they knew. This book reads the documents of criminal procedure--coroners' reports, plea rolls, and gaol delivery records--alongside literary scenes of investigation, interrogation, and witnessing to tell a new intellectual history of criminal procedure's beginnings. The chapters of The Making of Felony Procedure guide the reader through the steps of a felony prosecution, from act to conviction, examining the questions local communities faced at each step. What evidence should be prioritized in a death investigation? Should the accused consider narrative satisfaction when building his plea? What are the dangers of a witnessing system that depends so heavily on a few "oathworthy" men? What can a jury do if the accused's guilt seems partial or complex? And what if the defendant-for whatever reason--refuses to participate in this new, still--delicate system of justice? The book argues that answers they found, and the sources that informed them, created the system that became modern criminal procedure. The epilogue offers some thoughts about the resilience and incoherence of the concept of felony, from the start of the jury trial to the present day.

An examination of how emotions were practised and performed through Old English texts.Scholarship is increasingly interested in investigating concepts of emotion found in Old English literature. This study takes the next step, arguing that both heroic and religious texts were vehicles for emotional practice - that is, for doing things with emotion. Using case studies from heroic poetry (Beowulf, The Battle of Brunanburh and The Battle of Maldon), religious poetry (Christ I and Christ III) and homilies (selections from the Vercelli Book, Blickling Homilies and the works of Wulfstan), it shows via detailed close readings that texts could be used to act out emotional styles, manage the emotions arising from specific events, and negotiate relationships both within social groups and with God. Meanwhile, a chapter on the Old English Boethius explores how the control of unruly emotions is theorized as the transfer of attachment from the things of this world to the things of the divine. Overall, the volume offers new angles on the social functions of genres and questions of reception and performance; and it gives insight into how early medieval people used emotions to relate to their world, temporal and eternal. angles on the social functions of genres and questions of reception and performance; and it gives insight into how early medieval people used emotions to relate to their world, temporal and eternal. angles on the social functions of genres and questions of reception and performance; and it gives insight into how early medieval people used emotions to relate to their world, temporal and eternal. angles on the social functions of genres and questions of reception and performance; and it gives insight into how early medieval people used emotions to relate to their world, temporal and eternal.

Essays highlighting the importance of three kings - Edmund, Eadred and Eadwig - in understanding England in the tenth century. Much scholarly attention has been devoted to both the expanding kingdom of Alfred the Great, Edward the Elder, and Æthelstan, and to the larger and integrated realm of their more distant successors, Edgar and Æthelred II. However, the English kingdom in the 940s and 950s, and its three kings, Edmund (939-946), Eadred (946-955), and Eadwig (955-959), the men who inherited and held together the kingdom created by their immediate predecessors, have been somewhat neglected, with little research being dedicated to these men as kings, or the era in which they ruled. This volume offers a variety of approaches to the period. Its contributors bring to light royal legal innovations to ecclesiastical law, oaths, heriot, complex factional politics, including the crucial role of queens, differing perspectives on the final era of an independent northern kingdom of York, and developments in literary culture outside the domineering trend of the later monastic reformers.

Financial legislation demonstrates the advancing role of law in the later middle ages.

Theorizing Legal Personhood in Late Medieval England is a collection of eleven essays that explore what might be distinctly medieval and particularly English about legal personhood vis-à-vis the jurisdictional pluralism of late medieval England. Spanning the mid-thirteenth to the mid-sixteenth centuries, the essays in this volume draw on common law, statute law, canon law and natural law in order to investigate emerging and shifting definitions of personhood at the confluence of legal and literary imaginations. These essays contribute new insights into the workings of specific literary texts and provide us with a better grasp of the cultural work of legal argument within the histories of ethics, of the self, and of Eurocentrism. Contributors are Valerie Allen, Candace Barrington, Conrad van Dijk, Toy Fung Tung, Helen Hickey, Andrew Hope, Jana Mathews, Anthony Musson, Eve Salisbury, Jamie Taylor and R.F. Yeager.

Law | Book | Culture in the Middle Ages takes a detailed view on the role of manuscripts and the written word in legal cultures, spanning the medieval period across western and central Europe.

This book is open access under a CC-BY 4.0 license. This book examines social and medical responses to the disfigured face in early medieval Europe, arguing that the study of head and facial injuries can offer a new contribution to the history of early medieval medicine and culture, as well as exploring the language of violence and social interactions. Despite the prevalence of warfare and conflict in early medieval society, and a veritable industry of medieval historians studying it, there has in fact been very little attention paid to the subject of head wounds and facial damage in the course of war and/or punitive justice. The impact of acquired disfigurement —for the individual, and for her or his family and community—is barely registered, and only recently has there been any attempt to explore the question of how damaged tissue and bone might be treated medically or surgically. In the wake of new work on disability and the emotions in the medieval period, this study documents how acquired disfigurement is recorded across different geographical and chronological contexts in the period.

Duels and bloodfeuds have long been regarded as essentially Continental phenomena, counter to the staid and orderly British ways of settling differences. In this surprising work of social and legal history, Paul R. Hyams reveals a post-Conquest England not all that different from the realms across the Channel. Drawing on a wide range of texts and the long history of argument about these texts, Hyams shatters the myth of English exceptionalism, the notion that while feud and vengeance prevailed in the lands of the Franks, England had advanced beyond such anarchic barbarism by the time of the Conquest and forged a centralized political and legal system. This book provides support for the notion that feud and vengeance flourished in England long beyond the Conquest, and that this fact obliges us to reconsider the genealogies of both common law and the English monarchy.Moving back and forth between a broad overview of 300 years of legal history and the details of specific disputes, Hyams attends to the demands of individuals who believed that they had been aggrieved and sought remedy. He shows how individuals perceived particular acts of violence and responded to them. These reactions, in turn, sparked central efforts to manage disputes and thereby establish law and order. Respectable litigation, however, never eclipsed the danger of direct action, often violent and physical.

"As an extended essay on an important theme of comparative history, this is an impressive book. . . . By highlighting the irreducible particularities of rural communities in the past, Magagna has written a book deeply informed by historical consciousness as well as contemporary social theory."--Journal of Social History