Thursday, 12 October 2017

Did Charlemagne's Imperial Coronation Change Anything?

Last month I blogged about administration in the reign of Charlemagne. This time I’m looking at what, if anything, changed after the imperial coronation in 800.

After Charlemagne was crowned Holy Roman Emperor on Christmas Day 800, there was no real profound transformation of royal power or fundamental reform of it, but the imperial power supplemented it. Certainly there was a quest for definition; Einhard (Charlemagne’s biographer) mentions that Charlemagne ordered unwritten laws and customs to be defined and written.

Einhard

Along with the concept of imperial power came new ideas of fidelity and devotion. The basic element of feudalism arose; Charlemagne would safeguard the Christian Church and its people, in turn they must observe the laws of Christ and the Emperor.



The Imperial Coronation by Friedrich Kaulbach

In March 802, there was a meeting of the Diet at Aachen. Missi were dispatched to all parts of the empire. These missi were not chosen, as they were usually, from the palace vassals, but from ecclesiastical and lay aristocracy; archbishops, dukes and counts who would be less open to corruption. They had with them a written document in support of the oral instructions, a Capitulare Missorum. 

This fourth great capitulary of Charlemagne’s reign came about because of a psychological crisis within Charlemagne himself. His coronation had given him a more acute awareness of his responsibilities before God. From this arose a clearer view of the contrast between what ought to be, and what was, in the Frankish state. The capitulary presents a programme of imperial government of Church and State in the Empire and contains numerous purely ecclesiastical dispositions and many others of an administrative, judicial and political nature, and articles defining a new and more exacting concept of the fidelity owed to the emperor.


One of Charlemagne's capitularies

To initiate the new regime, it was necessary to lay down and enforce rules of conduct to be observed in the future, confirm and apply rules already in force, but most of all to eradicate existing abuses. It was hoped that these new missi of high standing would be conscientious. They were instructed to investigate complaints, take note of the existing situation and where possible remedy abuses. 

Where there were abuses that they were unable to remedy, the emperor would deal with them himself. They were to report on any gaps or defects they found in the laws, and they were to publish the regulations contained in the capitulary and see that they were enforced.


Homage in the Middle Ages

The duty of fidelity to the emperor was no innovation, and the concept was fundamentally negative; to do nothing that would endanger him to whom fidelity was owed. After the coronation, the duty was not only to refrain from certain actions, but there were certain positive obligations. These included obedience to the divine precepts and to the commands of Christian charity, obedience to the emperor’s orders and respect for imperial property, performance of military service and promotion of the regular course of justice. There was also a new formula for the oath; it became more like the oath sworn by vassals, and more religious in character. 


Swearing the oath of fealty

The whole programme was markedly religious in nature. Charlemagne became aware of his new power, bestowed on him by God. The way the emperor discharged his power indicated reward or punishment in the next world. Charlemagne was also responsible for the attitude of his subjects; they must also perform their duty to God. 

As Charlemagne had to protect the Church, his subjects were obliged to do likewise. There had to be harmony between the lay and ecclesiastical authorities. Bishops and abbots were ordered only to appoint upright and conscientious men. Charlemagne’s fate in the next world depended on the attitude and conduct of churchmen who wielded authority. It was ordered that the clergy should lead a common life. There was also a call for a stricter observance of their rule by monks and nuns.



There were 15 articles in the capitulary relating to religious matters, and religion enters into other aspects. The missi, as we have seen were chosen for their piety, and the capitulary also deals with protecting churches and their property. Disorders in monastic establishments annoyed Charlemagne, so autonomy for houses of monks and nuns was discouraged, indeed many were placed under very strict control of the bishop or even archbishop.

Among the more political articles, Charlemagne’s increased sense of power is clearly detectable. He demanded much more personal devotion from his subjects. He placed a strong emphasis on his Bannum, his power to command or to prohibit and to punish any contravention of his orders or prohibitions. Some of these orders and prohibitions he proclaimed permanent by making them law. They forbade the harming of churches, widows, orphans, or the ‘economically weak’. They prohibited rape, group assaults on a house, and arson. They sought to secure more dependable military service for the king. These eight examples are the best known and Charlemagne frequently called attention to their permanent character in his capitularies. 


The Coronation - by assistants of Raphael

After the imperial coronation, refusal to submit to the Bannum, or evasion of it by trickery, or attempts to restrict its application (in particular the eight examples) could not be tolerated. Non-obedience would in future count as infidelity. 

No-one was to refuse military service, and counts were not to grant unwarranted exemptions. Future contraventions would count as infidelity. This was important to maintain the quality and strength of the imperial fighting force.

As emperor, Charlemagne was the successor of Christian emperors who had been legislators, and he henceforth engaged in legislative activity with less caution, even in the realm of private law. Like the Roman emperors, he ordered that judgement should be made in accordance with the written text of the law where one existed. The chief object of his judicial reforms was to guarantee everyone an opportunity to claim and exercise his rights under the law. So there was a series of measures imposing on the courts a strict regard for the law. 


The Construction of Charlemagne's Palace at Aachen

A knowledge of the law was required of the judicial officials concerned with the administration of justice in courts under the jurisdiction of ecclesiastical authorities, in their capacity as seigneurs of great estates, especially when the church in question enjoyed the privileges of immunity. It was considered important for the law to be applied strictly in the seigneurial courts, in particular in those under the jurisdiction of churches with immunity.

There was much more personal intervention from the emperor, and it is implied that he actually presided over a palace court. This was another indication of his awareness of his responsibilities for his subjects, and of his heightened sense of his accountability to God. The punishment for perjurers, the amputation of the right hand, was no novelty, but now the responsibility for suppressing this crime was placed on the palace courts.


Charlemagne's Throne: attribution

These measures and reforms were not entirely effective, but the ideas remained for Charlemagne’s successors to take up. More than anything they show how his sense of responsibility increased with his new power. It is obvious that he took these new responsibilities seriously, especially where the welfare of the Church and his subjects was concerned. Once he had determined the significance of imperial power, he undertook to instigate reforms which would carry out the obligations he now had as ruler of his people, and as a successor to the Christian Roman emperors.

Further reading:
The Life of Charlemagne – Einhard University of Michigan Press
The Coronation of Charlemagne – Robert Folz
Frankish Institutions under Charlemagne – FL Ganshof
The Carolingians and the Frankish Monarchy – FL Ganshof

[images are in the public domain unless otherwise attributed]

Saturday, 7 October 2017

Review - The Needle in the Blood by Sarah Bower

You could call this the original 'stitch n bitch' story, since it is a tale woven (sorry, couldn't help myself) around the making of the Bayeux Tapestry. But actually, this book is so much more than the story of the sewing of the famous embroidery, and it seems to have left readers somewhat divided. As it's nearly the anniversary of the battle, it seemed timely to revisit this book.


Odo rallies William's troops during the battle in 1066

It begins on the battlefield, where Odo, brother of the conqueror, is introduced. Odo is a bishop and it is he who will commission the embroidery. This brings him into contact with Gytha, an Englishwoman. The chapter where she is introduced was more powerful, in my opinion. I've read about the battle itself many times, but what is less often written about is the immediate aftermath; the destruction of the world as the English knew it. Those early scenes of panic, confusion and fear are realistically drawn.
"Rape. That's what they all believe, the sullen crowd gathered before Winchester's West Gate, in the square where the tax man usually collect the duty on beasts brought into the city for market. It's clear from their faces, fear mixed with impotence and embarrassment, and the round eyed children, clinging to their mothers' skirts, who don't understand but just want to look at the soldiers."
A little boy darts out of the crowd, dazzled by the ornaments on the bishop's harness, and is trampled. The soldiers panic, one runs the grieving mother through with his lance. There is horror on the streets of England's capital. In this scene, Gytha first lays eyes on Bishop Odo. 

I'm giving no secrets away when I say that Gytha and Odo fall in love, but theirs is no straight-forward story, and I'll say no more about that, for it would spoil the enjoyment for anyone new to this book. Bower takes a scene from the tapestry (show below) in which an unknown woman, Ælfgyva, appears with a 'certain cleric' and comes up with an interesting reason for the inclusion of the scene.


Ubi unus clericus et Ælfgyva

This is an almost completely fictional tale, and I don't mind that. If I'm told at the outset that a book is a work of fiction, I'm quite happy to judge it as such. The setting is authentic and Bower has clearly done her research. If you want to know why this book has divided readers, look no further than the reviews on a well-known online retailer - the main concerns are the use of the third person present tense, and the lack of narrative structure.

It is a clever book. I read it many years ago and I don't recall the use of the present tense bothering me, particularly. Sometimes it is just a bit too clever, but there are many passages where the writing, and the insight, are sublime.

At one point, Gytha lies awake, unable to sleep as the wind picks up, remembering how the sound of her father checking the salt pans and barrels in the yard on stormy nights used to be comforting. That passage resonated with me; don't we all sometimes wish we were young again, with grown-ups watching out for us - why should eleventh-century folk be any different in that regard?
"When Odo is with her, she loves stormy nights, secure in his arms, curtained and cosseted. Even when he gets up, to check for broken shutters and fallen branches or calm his horses, the feeling of safety stays with her. Her father used to do the same; several times a night on rough nights she would hear...her parents whispering together, clothes rustling  and the creak of hinges as he went out ..." 
I found the book challenged me, because I am anti-Norman, and could not understand why on earth Gytha would become so enamoured of Odo. It dared me to alter my perception and by the end, I had begun to understand, a little, at least, the attraction between the two of them.

Reviewers have expressed surprise at the portrayal of Archbishop Lanfranc, but I had no difficulty in believing in him as a villain - probably my anti-Norman bias again - even though he perhaps strays onto the pantomime stage from time to time.

This is not an easy read; the flashbacks sneak up on you so you have to concentrate. But it is a brave book, a strong book, and quite different from a lot of historical fiction. The detail about how the 'tapestry' was constructed is fascinating, and, I'm sure, accurately portrayed.



As for the suppositions, well, Bower claims artistic licence, and why not? As with so many other periods of history, with no-one to ask, we can only wonder, 'what if'...

It is a 'Marmite' kind of book, I suspect. But if you are interested in this period of history, give it a try. Even if you don't find that you love it, I think you will admire the author's accomplished way with words, and the different approach to novel writing. You will be immersed in period detail, and you will emerge enriched.

[A word of warning - the language in this book is often x-rated and at times very explicit.] 

Wednesday, 13 September 2017

English Place Names

I often drive through a town or village and wonder about its name. There are some strange ones out there - Chapel-en-le-Frith, Stoke Poges, Egremont, Kingston Bagpuize, Ashby de la Zouch... 



Also odd are the ones that aren't pronounced anything like they should be. Happisburgh in Norfolk, for example. Yep, that's right, it's pronounced Hazeburra. Oh I know, let's not even get started on the boroughs, and burghs, some of which are pronounced burra, and some bruff! (Although I shall return to them later and maybe clear up the confusion.)

With a lot of place-names, it's easy to break them down into their constituent parts and work out what they mean.

The OE (Old English) place names seem to be are straightforward. In an earlier blog post about Wulfric Spott I mentioned his mother, Wulfrun, who gave her name to Wolverhampton.

Her personal name forms the first part of the town name, and the rest consists of ham and ton:~

Ham = farm, settlement, homestead (ON Toft) but we'll see that this is not quite so straightforward...

Ton = enclosure

So it would seem that many place names contain elements of OE or ON (Old Norse) which are simply words to denote topographical or geographical features.

Wic (OE)/By (ON) = market

Thorpe - secondary settlement
Leigh/ley (OE) = woodland clearing- so my fictional village of Ashleigh in Alvar the Kingmaker is 'clearing in the ash forest'
Thwaite (ON) = clearing in Old Norse
Ing (OE) = people



As you can see, the above village name has the elements ing and ham. Great Massingham is in Norfolk. In Cumbria there are a lot of place names with ON origins : Kirkby Lonsdale, Kirkby Thore, Seathwaite.

So far, so straightforward. But all is not as it seems. In her Signposts to the Past, Margaret Gelling dispels a lot of the accepted thinking.

To go back to the element ham:~ Another OE word was hamm, which was not connected. Kingsholme near Gloucester does not mean king’s home, but Kyngeshamme, a water meadow on the royal estate.
“The uncompounded name Ham offers no problems, as it always derives from the topographical term hamm, which has been considered to mean ‘land in a river (bed), promontory, dry ground in a marsh, river-meadow. It may be used on its own, as in East and West Ham, or in a first element, as in some instances of Hampton, but it occurs most frequently as a final element. The habitative term hām, (village, estate) is not used as a simplex place-name and only occurs as a first element if the name derives form a compound appellative like hāmtūn, hāmstede.”

Another pair of similar words which cause trouble are būr (bower) and burh (fort) - and we need to distinguish beorg, from burh, and its dative byrig. Had they been differentiated in Middle English beorg would give berrow or barrow, and burh would mostly give borough while byrig would give bury. Archaeological evidence is needed in these cases to establish exactly how the place-names developed.

Burh can mean not only a hill fort but also a defended manor house as well as the later 'town'.

In the country as a whole, Bury is more common than Borough, Burgh or Brough. The OE final -h could develop into -f in pronunciation but not spelling, as in laugh and tough, and this led to burh becoming Burf as in Abdon Burf, and sometime Berth.

Later on there are instances of byrig meaning manor house:~ Bibury, from Beage, daughter of Leppa, and burh meaning monastery. In the case of Fladbury, this is probably derived from Flæde’s byrig, possibly a manor house built by a widow.
In the case of the element ing, it had always been assumed that newcomers took what land they chose, and that places such as Hastings (followers of Hæsta) and Reading (followers of Réad) were believed to mark those settlements. But Gelling says these were not 'primary settlement' place-names but actually came much later.

Ing sometimes has no filial relationship at all – Clavering in Essex comes about from the element ing being added to clœfre (clover) to give place where the clover grows. The same construction applies to Docking in Norfolk, from docce, the place where dock grows.


There has been a suggestion in recent times that some names came about because the Anglo-Saxons settlers mispronounced the Celtic names they discovered, much as the English in WWI pronounced Ypres as Wipers. Gelling is not convinced that the newcomers had such poor linguistic skills, and she points out that this was not the fate of all the Celtic place names.

Some tun names might have come about because of the Mercian administrators who might have been in the habit of describing places which had Celtic names as the ea-tun (river settlement) and that these names eventually stuck, but this is only a theory.

Where the Celtic, or Pre-Celtic names have been preserved, it is largely in the names of rivers. 

The use of the word walh to mean slave is probably a misconception, and it's more likely that it means ‘a Celt’; however, the reality is that most slaves would have been (descendants) of British who had that status under the Romans. 

The seventh-century king of the Magonsæte, who appears in my latest novel, Cometh the Hour was Merewalh, which has been translated as 'famous Welshman'. That being accepted, it seems unlikely that walh meant 'slave'. 

If the Angles and Saxons had problems with the place-names they encountered, the same was certainly true of the Norman invaders.

The initial sound Y was a problem for the Normans, so Yarrow became Jarrow, Yesmond became Jesmond. These are fairly easy to spot once armed with the knowledge that the letter was not in use in the Anglo-Saxon alphabet. So too the letter Z, which appears in names such as Belsize.

The initial sound in words such as thorn was unknown to the Normans, and they replaced it with T so that Tilsworth probably would have developed into Thilsworth had the conquest not happened.

Wic, the element identified as meaning market, was borrowed from Latin vicus. Before it was used as salt-working centre and ‘dairy farm’, it might have been used by the earliest English speaking people to refer to Romano-British settlements, or to Roman administrative units.

Gelling points out that more than 75% of the instances of places called wīchām were situated directly on or not more than a mile from a major Roman Road.

Often  tūn (ton) developed where an estate was once part of a larger demesne. An estate given to a thegn named Wulfgar came over time to be called Aughton (Aeffe’s estate, Aeffe being Wulfgar’s widow. Likewise an estate granted to Sibba becomes Sibton. Some ton names are more general, Preston (priests), Charlton, (ceorla-ton, enclosure of the the ceorls).

Grim is a nickname for Woden, but not all Grims- are of this origin. Grimr was a common ON personal name. So we cannot assume that all Grims are the devil.

And speaking of personal names, they aren’t all. Whitchurch could be Hwīta’s church, but it could also simply be the white church. 

Another key place in my new novel is Oswestry, universally believed to have developed from Oswald's tree, the site of his killing. But Warburton developed from Wærburg’s farm or estate, where the religious house was dedicated to St Werburgh, probably because the name suggested it, and the same logic should, according to Gelling, be applied to Oswestry, where the dedication of St Oswald probably arose from a place name which did not originally refer to the saint.

Sometimes the ON and OE elements are hard to differentiate.
Brunum or Brunnum in ON corresponds to burna (OE), which gives us the modern burn. Similarly, Lythe could be from ON lith, (slope) or from OE hlith, with the same meaning.

Beck - ON

But there are some words which have no English cognate. Going back to Cumbria we find Wasdale and Watendlath, containing vatn (lake,) Fossdale containing fors (waterfall,) and thveit, (thwaite -clearing.)

Many Scandinavian settlement names of eastern England can be divided into three main categories -by, -thorp, and those combined with English tun combined with a Norse personal name.

PH Sawyer argued that Norse place-names did not denote the settlements of a victorious army, but more likely inferior land. Older villages were probably already on the best sites.
Alford, for example, is much larger than the surrounding places with -by and -thorpe names.

Kirby/Kirkby generally denotes a church village, and is usually borne by places with desirable locations and it is likely that it replaces an older English, or perhaps Celtic name. It might have simply been that kirkby was an appellative applied to any village with a noteworthy church.


Mitchelgate (gate=ON gata - road) in Kirkby Lonsdale

Moving into the the post-Conquest era brings us the wonderful place-names such as Ashby de la Zouch and Egremont. But many of the French names were just stereo-typical descriptions, giving us beautiful seat, beautiful place, beautiful hill. (Belvoir, Beaulieu, Beauvale, Beaumont)

So, next time you drive past a place-name sign, don't assume the obvious; there may be more to the story of the name than meets the eye... 


Wednesday, 9 August 2017

Administration in the Reign of Charlemagne

You know me, I like trawling through old documents – and the other day I found one of my own (I’m over fifty, therefore I am part of history!) This is the write-up of a paper I delivered many years ago, back when I was still a teenager. I've recently been re-visiting the reign of Charlemagne and looking again at the letters of Alcuin, exploring the relationship between Charlemagne and Offa of Mercia. Here though, it seems the task was to talk about administration in the reign of Charlemagne (Charles). 

Royal Courts

In the seventh and eighth centuries, the Lombard kings had a palace at Pavia which was a permanent base, and which housed royal treasure and an archive of important documents. King Pippin took this over and made good use of the resources. Nothing similar existed north of the Alps at the beginning of Charles’ reign, although the Merovingians had favourite residences and itinerant writing offices. When they weren’t campaigning, the Frankish kings moved their entire court from one estate to another.


Frankia in the early eighth-century Image Public Domain

These rural estates made up the royal domain, or fisc. Their origins were various; they could be estates previously belonging to Merovingian kings, family lands of Charles’ ancestors, estates acquired by confiscation or conquest, and consequently they were widely scattered.

In such estates where the itinerant court was not a frequent visitor, but where there was a reason for maintaining the property, (eg providing hospitality for journeying royal servants) it was entrusted to a prominent local figure who had to pay a rent on it. 

Incidentally, because the interests of the fisc were involved, and because he wished to encourage the payment of compensation instead of vendetta, Charles completed the change from private to royal minting, which resulted in the king’s head, and, importantly, the name, being on the coins.


Image attribution


It was necessary to know what resources each estate had in advance of the royal party’s arrival, and servants had the task of seeing that the produce of a particular estate was available for consumption by the court. Charles, encouraging the use of the written word, ordered the preparation of estate inventories, and an elaborate set of instructions was set out for the estate administrators (the Capitulare de Villis). The estate inventories were very detailed – I quote from one such inventory which would have been forwarded to the king, as instructed in the Capitulare de Villis.
We found in the domain estate of Asnapium a royal house built of stone in the best manner, 3 rooms; the whole house surrounded with balconies, with 11 apartments for women beneath one cellar; two porticoes; 17 other houses built of wood within the courtyard with as many rooms and other appurtenances, well built’ 1 stable, 1 kitchen, 1 mill, 1 granary, 3 barns. 
Farm produce: old spelt from last year, 90 baskets which can be made into 450 weight of flour; 100 measures of barely. From the present year, 11- baskets of spelt, planted 60 baskets from the same, the rest we found. 430 measures of oats, 1 measure of beans, 12 measures of peas. At the 5 mills, 800 measures, small measures. At the 4 breweries, 650 measures, small measures, 240 given to the prebendaries, the rest we found. At the 2 bridges, 60 measures of salt and 2 shillings.”
The location of this estate is not known, but it is easy to imagine the daily life and living conditions.

The Frankish court was indeed very companionable – as we know from Einhard (Charles’ biographer) Charles was a hearty eater, and close association with the king meant that the men hunted with him, ate and drank at the same table and advised him. Until the court became an imperial one *, protocol remained very simple.


Charlemagne at Dinner - from the 'Talbot Shrewsbury Book' : Attribution

Ranks

Most important (although he was never allowed the unique influence that Charles’ ancestors had attained as mayors) was the Count of the Palace. He exercised a general power of supervision and discipline, and later played a part in legal proceedings which came before the king if the decision of the local court had been ignored.

Aspects of domestic court life fell under the supervision of marshals, or seneschals, and as courtiers they were given other and greater duties besides.

Most other laymen who were not part of the mass of menial servants were numbered among the royal vassals (vassi dominici). They formed an elite fighting-troop around the king in battle, and in peacetime they performed duties ranging from royal legate to investing a recipient of a royal grant with property. Bullough** mentions a certain vassal, Leo, who was not even a Frank, who became a key figure in the administration of the subordinate kingdom of the Lombards. Personal acceptability and gaining royal trust certainly gave a man high standing with the king.

At the time of the succession those in the royal comitatus who could write were entirely clergy. It was they who wrote the royal diplomas, most of which have disappeared without trace, so we don’t know exactly how much work was involved. We do know that in the writing office there were men of different grades, ranging from the man who authorised the preparation right down to the lowly copier.


Capitulare de Villis

Surprisingly, the preparation of the capitularies was normally the work of other court clergy – at any rate north of the Alps, for in the Italian kingdom these tasks seem to have been performed by the lay notaries of the palace.

At the head of the entire complex was the arch-chaplain. He was well placed to influence the royal policy towards the Church. Charles’ first arch-chaplain was Fulred, who was a prominent figure and was high in the royal favour. His successors, Anilgram and Hildebold didn’t play such a prominent part – they were probably overshadowed by the presence at court of a lowly cleric – Alcuin. [Presumably my ‘audience’ would have known that Alcuin was an Englishman who famously went to the Carolingian court, and perhaps I hoped for, and received, a small laugh of recognition here!]

The Territorial Count

The counts were comparatively few in number. Professor Ganshof puts the number between 250 and 300 at any one time. Bullough puts the figure much lower, around 30. It is impossible to tell; very few names are known, and the texts of the time rarely record the fate of individuals.

As well as their military role, they had to attend court every so often to hear the royal commands. The capitularies laid on them the responsibility of suppressing disorder, and encouraging the peaceful termination of feuds, ensuring criminals did not escape justice by hiding in an area outside the count’s jurisdiction (an immunity), protecting those who were unable to protect themselves – widows and orphans of freeborn landowners, monasteries and churches.


Detail: attribution as above

Where counts were not directly responsible for the lands of the fisc, they had to keep a watchful eye on those who were. In some areas they were responsible for the permanent defence of some portion of the frontier (this was possibly their only military role – although they may have had to provide men to fight, it is not clear whether they themselves fought alongside the kings, for as I shall explain later, the king was loath to take them away from their regular responsibilities. 

The territorial units were very different. In Frankia east of the Rhine the authority seems to have been based around a group of royal estates, in some cases mingled with those entrusted to other counts. West of the Rhine the territorial county was an area with definite boundaries, sometimes corresponding to the old Roman territorial boundaries. There were differences in size, character and strategic importance between the counties. There were also differences of responsibility and power among the counts.

Who were the counts?

Quite often, they were the sons or relatives of other counts. It was rare to find them succeeding their father’s county, and if they did, it would be by imperial command. Being born into certain Frankish families meant a good chance of future office. This probably meant that Charles could expect to retain their loyalty. Most free-born laymen who agreed to become vassi could expect at some future date to be rewarded with a county somewhere. This probably also meant a sharper distinction between the two classes as the Frankish magnate families saw office going to other men, they sought access to privileged positions.


Nineteenth century depiction of early medieval Franks

Comital office though was not restricted to the Franks, or even to the magnate families. There were Bavarian and Lombard counts as well. The unity of the kingdom must have been helped to a certain extent by the coming together at court of all the counts.

Law and Order

The principle remained that a man was to be judged according to the law of his ‘tribe’ and despite the capitularies, marked regional differences persisted.

However, the courts were ordered to enforce the law of the king. This is one of the main themes of the capitulary agreed between Charles and his magnates at Herstal in March 779. It condemned murder, robber and perjury:
8. Concerning murderers and other guilty men who ought in law to die, if they take refuge in a church they are not to be let off, and no food is to be given to them there. 
9. That robbers who are caught in an immunity area should be presented by the justices of that area at the count’s court; and anyone who fails to comply with this is to lose his benefice and his office’ anyone who has no benefice must pay the fine.
 10. Concerning a man who commits perjury, that he cannot redeem it except by losing his hand. But if an accuser wishes to press the charge of perjury they are both to go to the ordeal of the cross; and if the swearer wins, the accuser is to pay the equivalent of his wergeld*** This procedure is to be observed in minor cases; in major cases, or in cases involving free status, they are to act in accordance with the law.
14. Concerning the raising of an armed following, let no one dare to do it.
22. If anyone is unwilling to accept a payment instead of vengeance he is to be sent to us, and we will send him where his likely to do least harm. Likewise, if anyone is unwilling to pay a sum instead of vengeance or to give legal satisfaction or it, it is our wish that he be sent to a place where he can do no further harm. 
23. Concerning robbers, our instructions are that the following rules should be observed: for the first offence they are not to die but to lose an eye, for the second offence the robber’s nose is to be cut off; for the third offence, if he does not mend his ways, he must die.
These crimes figure again and again in the capitularies, making one wonder how effective Charles’ measures were, although it must be remembered that violence and crime were prevalent in the middle ages. [And presumably if a one-eyed, nose-less man approached you, you'd be wary...] 

From the capitulary, it can be seen that Charles recognised that private vendetta still has a part to play in the maintenance of law and order, although where monetary compensation was offered it had to be accepted.

The local courts were presided over by someone acting in the name of the king – usually the count. Ordinary law-worthy men supported the parties to a dispute, saw that the established procedure was observed, and declared the law. It is no clear whether the count was always expected to attend in person.

Because of the great authority of the counts, and their duty of pursuing and punishing crime, there was plenty of room for corruption – improper levying of services, demand for free hospitality when travelling, taking of bribes etc.

One cleric, Theodulf, found it less upsetting to accept small gifts than refuse them. Royal Missi (legates) were used to check the activities of the counts. This left the problem of who to use for the job. Vassi might lack the necessary prestige to be effective. If a count was used he would be taken away from his regular responsibilities.
......

This all seems to end rather abruptly. My guess is that the last page is missing, because I would have been obliged to provide a bibliography (we delivered the papers, then handed in written-up versions). Ah well, it wouldn’t be an historical document if it didn’t leave some little question mark, would it? 

*look out for a future post about how things changed after the imperial coronation
**Presumably Donald Bullough
***wergeld = man price; the payment in gold according to the man’s worth/rank in society

Wednesday, 12 July 2017

(Almost) Touching the Past - Medieval Welsh Documents

I spend an inordinate amount of time studying Anglo-Saxon charters, law codes, letters and chronicles. There is something about reading - albeit in translation - the original words; even if these primary sources are not completely contemporary, they are an echo of a voice from years, centuries ago, and it never fails to thrill me when I read them. 

They provide the connection between what we are told when we are being taught history at school, or elsewhere, and what we can discover for ourselves. Somehow, it makes the people from the past become 'real'. And I don't restrict this interest to Anglo-Saxon materials.




In 2012 I visited Strata Florida Abbey, or to give it its Welsh name, Ystrad Fflur. It's a ruin, as you can see. But 'round the back' are a line of grave markers. It is known that many members of the Royal house of Deheubarth were buried here. Was I looking at their grave stones?




It's not known, for sure. Standing in the grounds of the ruined abbey I certainly felt the past, but I edged much closer to it when I read a translation of a Deheubarth royal charter, dated 1198. 
Rhys ap Rhys confirms to Strata Florida Abbey all the lands which it received from his brother Maelgwn, together with his body for burial. [Dated at Strata Florida, original text in Latin.]
I don't know if I was looking at the grave, or marker, of Maelgwn, but it closed the gap between a weathered old piece of stone and a real person.

On that same trip, I visited the National Library of Wales at Aberystwyth and I saw an exhibit that made me shiver. In a good way...

Years ago, I had read Sharon K Penman's Welsh Trilogy, and swiftly followed that with Edith Pargeter's The Brothers of Gwynedd Quartet. The historical detail in both these series is reliable and impeccably researched. I then read a lot of non-fiction books about the Princes of Gwynedd, and holidayed in the area many times. I'd seen what is thought to be the sarcophagus of Llywelyn Fawr (Llewelyn the Great), and that of his wife, Joan, and visited a lot of sites associated with them, including their Royal Llys (house) at Rhosyr. To stand among the foundation stones of what was their dwelling added another dimension to my discovery of Welsh history.



But the moment I felt closest to this man was when I saw the exhibit that day in the National Library in Aberystwyth - his great seal.


The stories, told fictionally or factually, give a real sense of the man. To see his great seal attached to a document brought him nearer, and gave him real identity. Those who know his story, or who have read the novels, will understand how much more potent it is to read the translations of letters and other acts, which tell us that:
Llywelyn ap Iorwerth, prince of north Wales, agrees to indemnify King Henry III and the latter's men for injuries inflicted by Llywelyn and his men in the troubles surrounding the seizure of Kinnerley. Dated 7th October 1223.
Llewelyn was determined to bring the in-fighting in Wales to a halt, to strengthen it against England, and to establish once and for all its independent status. The above example shows how this was no easy, peaceful task.

If you do know the stories, you will know that Llewelyn and Joan had only one son together. How much more 'real' these characters become when you learn of the existence of a letter, "soon after May 1230", from:
Llywelyn ap Iorwerth, prince of Aberffraw and lord of Snowden, to Eva de Braose, concerning the marriage of her daughter Isabel to his son Dafydd.
Family squabbles amongst the Welsh princes continued, but Llewelyn's eventual successor was equally determined to champion the Welsh as an independent nation. How it must have pained Llywelyn's grandson, Llywelyn ap Gruffudd (spoiler alert - he was known at Llywelyn the Last) to agree, on 9th November 1277,
to pay 500 marks annually to his lord, King Edward I, for Anglesey and the land of his brother Dafydd. Dated at Aberconwy.
Poignantly, Aberconwy was the traditional burial place of the princes of Gwynedd. It no longer exists, a victim not of the ravages of time, but of Edward's order for the destruction of the abbey and to use the stones to build Conwy Castle and the surrounding walled town.

A letter from Eleanor, princess of Wales and lady of Snowden (Llywelyn's wife, and daughter of Simon de Montford) was written to Edward, sometime between 1279 and 1281,
asking him not to heed those who say damaging things to him about her and her husband. 
Eleanor died in childbirth, and by all accounts Llywelyn was devastated. He himself came to an end at Cilmeri, not far from Buellt Wells.

A letter from Roger le Strange to Edward I:
informs the king that the troops under Roger’s command fought with Llywelyn ap Gruffudd in the land of Built on Friday next after the feast of St. Nicholas (December 11th, 1282], that Llywelyn ap Gruffudd is dead, his army defeated, and all the flower of his army dead, as the bearer of the letter will tell. [French]
I visited Cilmeri on a damp and drizzly day and stood for a while at the spot where reportedly Llywelyn's head was washed,



and then I stood for a moment by his memorial.



It was a sombre moment, but for a glimpse of the man who was not known as 'the last' while he ruled, how about this prosaic letter, from 
Llywelyn, prince of Wales and lord of Snowdon, to Guncelin de Badlesmere, justice of Chester, asking him to defer the business of the corn in Anglesey until Llywelyn has received clarification from the king regarding a certain obscure word in the king's charter on this matter.
No blood, no guts, no tragedy, but a glimpse into the everyday medieval world, and a sense of the tension between proud Welsh Princes and their would-be overlords. This is when history comes to life for me.

[all photographs by and copyright of the author]

Further reading:
English Historical Documents Vol II Ed. D Douglas
Handlist of the Acts of Native Welsh Rulers - KL Maund
The Taming of the Dragon - Bartlett
The Welsh Kings - KL Maund
The Welsh Princes - Turvey
Here Be Dragons, Falls the Shadow, The Reckoning - SK Penman
The Brothers of Gwynedd Quartet - Edith Pargeter