Tag Archives: medieval

Matrons, medicine and maternity

This morning, I have been listening to a podcast of a late-2017 seminar paper from the Institute of Historical Research Late Medieval seminar:

Zosia Edwards (Royal Holloway), ‘Pregnancy diagnosis in the later Middle Ages: medical methods and courtroom procedures’

https://www.history.ac.uk/podcasts/late-medieval-seminar/pregnancy-diagnosis-later-middle-ages-medical-methods-and-courtroom

This was of interest to me in relation to two projects/areas of on-going research: my monograph on women in the medieval common law and my work on curtesy and live birth/still birth.

Its central focus was the divergence between a rich textual tradition of learned medical writing on techniques of diagnosing pregnancy and the common law’s approach, apparently scorning such learning, or the use of (male) ‘medical experts’ in favour of the judgment of ‘lay persons’: mainly ‘matrons’, though with some involvement of knights (in land cases). It includes some very good examples of both medical diagnosis and common law practice.

The divergence between learned texts and common law practice is striking divergence, and has been commented upon to some extent (e.g. by S.M. Butler). There is much to be said about the common law’s emphasis on jury findings as opposed to those of ‘experts’, not just in the medieval period and not just in medicine. In addition, it seems to me that there are also other particular  explanations for the difference in procedure in relation to pregnancy which would be worth consideration. First, the medical texts and the investigation in common law felony cases were directed at slightly different questions. In the case of the medical texts, the search (however dubious we might find the methods) was for the presence of any pregnancy. At least in the case of the ‘pregnant felon’ cases, it was a search for confirmation of a woman’s claim that she was pregnant with a ‘quick’ child: thus a less ‘expert’ and sensitive test might be thought to suffice. In addition, there does not seem to have been a desire to avoid all possible killings of pregnant women: witness the approach to those claiming a second pregnancy, the possible presence of a foetus not being sufficient to defer execution. Views on the value to be accorded by the law to the foetus at various phases of existence were in a state of development/flux in the medieval period, and trying to bring together the attitudes encapsulated by legal texts and plea rolls relating to foetuses in homicide, abortion, curtesy and other land cases is a task with which I am wrestling. A paper on determinations of live birth in relation to curtesy temp. Edward I is on its way to publication, but I would love to expand into a more general overview of ideas about the foetus/newborn in different categories of legal case. One of these days.

13/1/2019.

Mysterious goings-on in Clerkenwell

The revival of mystery plays, and a more visual form of religious practice, is in the news today: https://www.theguardian.com/world/2018/jun/24/england-cathedrals-back-to-middle-ages-mystery-plays-pageants-chester-st-albans .

Anyone with an interest in things medieval will probably have had to deal with the various surviving mystery plays at one point or another – they have something to contribute to many fields beyond medieval literature/drama/popular theology, even to my rather technical work on legal history. They crop up so regularly that it is easy to assume that everyone in the middle ages thought mystery plays were great. Recently, though, I came across a case which suggests otherwise. I had filed it under the rather un-academic title ‘PrioressGrumpyPants’, I am afraid. Time to share it.

The scene:

Clerkenwell, Middlesex, somewhere in the (Augustinian) priory of St Mary

The cast:

The prioress

The king (probably Edward I, but dating is not certain)

The people of London (various, noisy and unruly, according to the prioress, who calls them sauvage gent)

The modern reader

The plot:

The prioress of Clerkenwell is not happy. She is in charge of the priory’s finances, and, like virtually all medieval nunneries, Clerkenwell’s finances are always a bit insecure. A particular annoyance is that she is not getting as much in the way of crops from her fields as she ought to – mainly because of the habit of people of London of coming onto the land and trampling the crops, with their fights or wrestling matches – and their mystery plays (lur miracles & lutes). She petitions the king to ask him to do something about it, saying that the common law has been no help. The response is a bit mealy-mouthed, suggesting that there has been some sort of instruction to a local official, the constable.

The modern reader is not convinced that one constable would be able to do much against the weight of Londoners wanting to use this land for their terrible unruly dramas. She understands the prioress’s financial worries, and is, of course, interested in her as a medieval woman with exceptional power and influence, testing the boundaries of medieval gender constructions, but does feel that grumbling about the unwashed hordes engaging in religious drama might be a little at odds with the idea of religious people as, you know, interested in promoting religion and suchlike. She also wonders if the Londoners might have made a good case for the religious orthodoxy of wrestling matches, based on Jacob’s bout noted in Genesis 32:24-32.

GS

24/6/2018.

 

References and reading

The record is SC8/98/4858 and you can see a summary (and even a scan of the document) on the National Archives website: http://discovery.nationalarchives.gov.uk/details/r/C9149425

If you want to read more on medieval nuns (and who wouldn’t?), the best place to start is still E. Power, Medieval English Nunneries c. 1275-1535 (Cambridge, 1922)  (and see her point at p. 36, that ‘[T]he dry-as-dust pages of the medieval law-books hide many jewels for whoever has patience to seek them …’ I would have disputed the dry as dust dig, but it’s broadly pro-legal history, so she is all right by me.)

A good entry into medieval mystery plays is: P. Happé, English mystery plays: a selection (Harmondsworth, 1975). Or go and see them – seeing the York cycle long ago was one of the things that started me off on this whole medieval thing …

 

 

Medieval Sporting Memories

The (male, football) World Cup started today. I am not much of a sport fan (missed out on the team-supporting gene and seriously disliked Fever Pitch – but will refrain from going off on a ‘New Opium of the People’ rant…) but by weird coincidence, football cropped up in my medieval legal history reading today too. There I was, reading an interesting article about 15th C proof of age inquests, and whether they were all a pack of made up nonsense (M. Holford, ‘”Testimony to some extent fictitious”: proofs of age in the first half of the fifteenth century’, Historical Research 82 (2009) 632-54 at 637) when some instances of football-related injury jumped out at me. Thought they were worth a quick blogging.

In Inquisitions Post Mortem vol. 22, inquisitions no. 189, 360, 361 and 364, all relating to Essex, some of the men who were confirming the date of birth and baptism of different, younger, men, with a view to showing that the young men were old enough to inherit land, did so by reference to injuries sustained while playing football, (ad pilam pedalem) more than two decades previously. Now, it may be that the stories were untrue, or ‘boilerplate’, but perhaps they can still show us/ remind us of a couple of interesting things:

  1. They are all (left) leg injuries. The tibia is mentioned. That seems noteworthy. Football medieval style always seems to be portrayed as something a bit more like rugby/American football, without the rules (or, in the latter case, the shiny trousers). But shin injury does suggest that the game they are talking about is actually something a bit more like your actual football.
  2. These are all men of a certain age – forty-somethings, talking about their glorious sporting exploits when they were young things in their early twenties. (Possibly, off-parchment, they regaled the assembled throng with tales of having had trials for Arsenal or medieval equivalent, and how their promising careers were ended by the aforesaid injury).
  3. It seems to be accepted that having a game of football (with or without shin-splitting) after a baptism was ‘a thing’, which is a nice little detail about medieval birth celebrations. Possibly, if mixed with celebratory alcohol, the apparent frequency of shin injuries (‘shinjuries’?) is explained.

Perhaps I am coming round to football after all. To be continued, if I find any other good football/legal history/medieval cross-over material …

14th June, 2018.

Football is a bad thing – official

World cup still on then …

There were statutory provisions against football in the later medieval period (see particularly 2 Richard II, c. 6: Statutes of the Realm II, 57, 11 Henry IV, c. 4, SR II,163). It is more complicated than that, of course: there was not a clear objection to football itself (despite its apparent danger to the shins of the English): the ‘beef’ was mainly with the fact that it distracted the lower orders of men from their archery practice, and, perhaps, that it might be the occasion for disorder. Legislation also hit out against those dreadful disrupters of society, quoits and bowls. And an investigation of many lower court rolls shows a reluctance to report and punish men for playing football (see McIntosh, Controlling Misbehavior in England, 1370-1600 (Cambridge, 1998), pp. 98, 133).

18th June, 2018.

St Winifred and the Shrewsbury captives

I am currently working on a paper which focuses on rather hostile intervention by the Welsh in the medieval English borderlands (on William Herbert and associates, and their foray into Hereford in the 1450s) but, while looking at the King’s Bench plea rolls for 1456, came across a case which highlights a rather different sort of cross-border intervention, namely the help said to have been given by St Winifred to a Shrewsbury man, (allegedly) held captive and tortured by extortioners in North West England.
There is a petition in the National Archives (SC 8/96/4769) relating to this incident, presented by or on behalf of Shrewsbury men, William Bykton and Roger Pountesbury, but I don’t think the related KB document has been collated with this before – so I’m claiming it as a ‘find’. KB 27/781 m. 110 is also quite a lot clearer than the petition (even though it is in Latin rather than the petition’s English) which helps with working out the story.

Bykton and Pountesbury alleged that they had been seized, carried off to various lairs of Robert Bolde and his associates in Lancashire, tortured in creative and prolonged ways, and made to promise and hand over large sums of money. St Winifred comes in in the story of Roger Pountesbury, who gave a particularly detailed narrative about being hung up in specially constructed stocks – he put his eventual escape down to the saint’s intercession.

St Winifred (in Welsh, Gwenfrewi, and in the KB roll, it’s ‘Wenefride’) was, according to the ODNB entry by T.M. Charles-Edwards, around in the mid-7th century. She was a nun, and the most memorable part of her story involves being decapitated by a prince, incensed that she would not give in to his sexual desires, followed by the miraculous rejoining of head to body and subsequent virtuous nunnish life. Needless to say, where the head dropped, a miraculous well sprang up (with, of course, healing powers), and there were many posthumous miracles.

It is interesting in terms of my current article that there is this positive story about a Welsh saint in English records, relating to English people. It may not be hugely surprising that a Shrewsbury man held Winifred in high regard – since her relics had, by the time of these events, been in Shrewsbury for more than 300 years (see ODNB), but it is interesting to see mention of her in a document intended to have an impact on ‘national’ authorities. Even in a century which had seen Welsh rebellion and highly discriminatory laws, as well as a Welsh-English (or Welsh-Marcher-English) dimension to lawlessness, it is assumed that talking about a Welsh figure is a good move for an Englishman in want of a favour from Englishmen. Just another ingredient in the fascinating bara brith of the Welsh borderlands.

There is a lot more to think about here: no doubt the underlying incidents need to be fitted into a wider English political context too – I’m on the trail of Robert Bolde and his associates, who seem interesting. Also, from a more purely legal-historical point of view, this raises issues about the on-off inclusion in legal records of accounts of the divine and supernatural, about the petitioning process and the efficiency or otherwise of justice at this difficult period for ‘central government’. My ‘to do’ list has just expanded by several lines: thanks a lot, St Winifred.

GS
28th April, 2017.

The Damsel of Brittany rides again

 

Eleanor of Brittany (1182×1184-1241) is somebody who kept popping up in my research on female imprisonment, and I tried to draw together some thoughts about her in an article back in 2007: ‘Eleanor of Brittany and Her Treatment by King John and Henry III’, Nottingham Medieval Studies 51 (2007): 73–110. Given this, I was very interested to see a very good new article focusing on this unfortunate and under-explored Angevin princess – Stephanie Russo (2016) ‘The Damsel of Brittany: Mary Robinson’s Angelina, Tyranny and the 1790s’, English Studies, 97:4 (2016), 397-411. This looks at the creative use made by the late 18th century novelist Robinson of the story of Eleanor of Brittany. Eleanor – or a fictionalised version of her – features as part of the mental world of the more modern characters in the epistolary novel Angelina, and as a point of comparison for some of the characters’ own situation.

Robinson’s Eleanor gets a bit of a romance – wouldn’t it be good if that was actually true, if there had actually been some such highlight in her life? But sadly very unlikely! It is rather intriguing that Robinson was a Bristolian by birth – did the story of the princess imprisoned in Bristol castle linger even in her day?

Anyway – good to see some attention being paid to Eleanor. I am secretly hoping that the current craze for digging up lost royals (Richard III, Henry I etc.) might mean an increased chance that somebody might have a go at locating her in Amesbury, and maybe find some clues to why she was apparently so keen to be buried there rather than Bristol (or why Henry III chose to say that she was).

Prisons and aliens: new articles of legal-historical interest, January 2016

Prisons and aliens: new articles of Legal Historical interest, January 2016

Two to note on ‘early release’ from Historical Researchhttp://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1468-2281/earlyview

J.M. Moore, ‘Reformative rhetoric and the exercise of corporal power: Alexander Maconochie’s regime at Birmingham prison 1849-51’, explores the wide gap between what was said and what was actually done by this former Australian penal settlement gaoler in the new prison at Birmingham, and provides an important correction to  the former positive view of his practices. Maconochie’s ‘mark system’ ideas of task-based sentences leading to mental submission are quite well known. The lack of political approval of a trial of the mark system in the domestic context is interesting, however, and the evidence on actual practice in Birmingham given here is, however, illuminating (in a dark way). Unable to link tasks/behaviour and length of sentence, Maconochie linked these things to food and conditions in a very harsh way, and was rather keen on flogging boys and imposing lengthy physical restraints on women. A lack of respect for the need to record such punishments, and the use of his family members in various unofficial roles in the prison combine to give the impression of an arrogant man who did not respond well to frustration, and was determined to try and push through his theories, despite opposition. (I would like to hear more about his wife’s attempts to use mesmerism and homeopathy in the reform of prisoners though).

B. Lambert and W.M. Ormrod, ‘A matter of trust: the regulation of England’s French residents during wartime, 1294-1377’ looks at the treatment of suspect aliens during periods of uncomfortable relations with France, under the first three Edwards. The article notes the flexible response of government at various levels to the ‘problem’ of aliens. ‘Nationality’ was not regarded as a simple or conclusive matter at this point, before the late-14th C introduction of the formal process of ‘denization’ became established. Important differences between the treatment of ‘alien priories’, nobles and those of lower social rank are noted here, with the suggestion of a move from heavy to more flexible regulation in the case of the last group which may be at odds with expectations from earlier research on alien priories and nobles. The central argument is well made and there is much hard-won and useful detail on practice. From a local point of view, it is interesting to see the lack of desire to aggravate foreigners evident in the report of a mayor of Bristol, asked in 1337 to assess and identify the property in the city which was held by Frenchmen, for purposes of confiscation, who chose to say that there just wasn’t any (which was surely untrue) (p.12). Thinking more widely, this article provides very useful ideas and material to include in historical (and current political) work on the nature of nationality and allegiance, and on immigration, beyond the medieval period.

GS 16/1/2016

The Art of Law: important article on images in rolls of the late medieval Court of Common Pleas

An area in which many legal historians have become increasingly interested in recent years is the visual composition of legal records. I gave a paper on this at the British Legal History Conference in 2013 (http://www.gla.ac.uk/media/media_282282_en.pdf ), highlighting the need to integrate the images from the Common Pleas rolls into the King’s Bench-dominated view acquired from Erna Auerbach’s work, and have also made some comments on visual material in this blog (http://vifgage.blogs.bristol.ac.uk/2013/04/07/p-is-for-profile-henry-viii-in-the-rolls-of-the-common-pleas/ ). The appearance of a thought-provoking study of the visual material in the CP rolls in the fifteenth and sixteenth centuries is a welcome addition to this area, and certainly one for reading lists in medieval legal history.

Elizabeth A Danbury and Kathleen L Scott, ‘The Plea Rolls of the Court of Common Pleas: an unused source for the art and history of later medieval England. 1422-1509’. The Antiquaries Journal, 95  (2015), 157-210 looks at the rise of decoration and illustration in the CP rolls in this period, and explored the iconography of the images and the meanings of words and mottoes associated with them. There is much of interest in the identification of particular kings and other characters, and the discussion of the way in which particular images fit in with contemporary political events. I am also intrigued by the mysterious popularity of dragons in these records. Helpfully, there are several good-quality photographs of key images.

Medieval historians are naturally drawn to the political ramifications of the images. I think that legal historians can and should also consider the implications of the illustration and decoration which relates to the image or self-image of particular courts. Auerbach’s work saw the inclusion of loyal, royal pictures in the KB rolls as something which flowed from the particular connection of the monarch with that court. Noting that the CP also included such images makes that conclusion less secure. There is also the issue of the inclusion of decoration and mottoes associated with the names of judges, which deserves some consideration in connection with the image they were trying to project. Finally, there is the intriguing issue of the expected ‘consumers’ of these images: who would have seen them? Did our ‘clerk-illustrators’ imagine that they were drawing only for their immediate colleagues and contemporaries, or for posterity?

Gwen Seabourne

11/12/2015

Dealing with medieval aliens

A new article concerning the denization process in medieval England has appeared in the English Historical Review: B. Lambert and W.M. Ormrod, ‘Friendly foreigners: international warfare, resident aliens and the early history of denization in England c. 1250-1400’ EHR 130 (2015), 1-24. A major question which the article addresses is why royal intervention in this area, granting denizen status to aliens, began when it did, in the late fourteenth century.  Disagreeing with previous suggestions of Romanist influence in the Chancery, legislation and long-term developments, the authors make out a case for the influence of practices in the late 1370s, connected to dealing with citizens of enemy countries during times of hostility. Interesting reading, particularly in the current climate of heated debate about immigration.

Curtesy and crying

A Year Book note on curtesy, and the requirements which a man must meet in order to claim to hold by the curtesy of England (proof of a live birth to his wife – specifically a baby’s cry being heard) YB Trin. 20 Edw I pl 39; Seipp 1292.88 refers to the case of Richard Danyel v Richard de la Bere (Herefordshire Eyre 1292) JUST 1/303 m. 6.  Richard Danyel, claiming the land formerly held by his mother, argued that Richard had not had qualifying issue with Cecily. De la Bere claimed that Cecily had given birth to his (qualifyingly noisy) child at Bishopston. A jury was summoned (the Year Book has some comments on the appropriate place from which to draw a jury when the alleged birth was in one place and the land in another). The jury told a sad tale of a very sick baby and an emergency baptism at home, then a brief visit to the church, after which it died, without having qualified, in auditory terms, as the right kind of offspring to give the father a right to curtesy. The crying test for curtesy is being taken seriously – and, as this case shows, could be used to exclude severely unwell children, even if they appear to have been viewed alive by at least a priest. Richard Danyel did not pursue the case, and should have been amerced for this failure, but was forgiven because he was a minor. Exactly what his role was in this story is unclear, but it does not suggest a happy family.

Laws of Ice and Fire: George R.R. Martin, Song of Ice and Fire cycle from a legal historian’s perspective Part II E: Property Law

Laws of Ice and Fire: George R.R. Martin, Song of Ice and Fire cycle from a legal historian’s perspective

Part II E:

Property Law

Individual ownership of personal property and land (though with feudal overtones) is the norm in Westeros, and acquisition by sale, gift and inheritance is in evidence. Real property may be lost by abandonment [V:42]. Little more is revealed. One possibly problematic area is property in dragons. Daenerys Targaryen appears to see them as (her) property [II:528], but whether they can be regarded as truly under her control, or should be so regarded, is not entirely clear.

Some marginal and ‘foreign’ cultures take a different view of the appropriate relationship between people and things or land, and the appropriate modes of acquisition of property.

A notably different view persists amongst the Ironborn. Fittingly, the motto of House Greyjoy is ‘We do not sow’ [II:154], and their ‘Old Way’ praises and asserts religious justification for those who ‘reave and rape’ [ibid.]. An interesting gender distinction is made: in the Old Way, whilst ‘women might decorate themselves with ornaments bought with coin’, there was a more demanding requirement for ‘warriors’, who were allowed to wear only the jewellery they took from ‘the corpses of enemies slain by his own hand’. This was known as ‘paying the iron price’ for the jewels [II:166].

The Dothraki do not acquire property through sale, but through a system of (semi-) reciprocal gift-giving [V:73], and do not have a strong concept of individual property since they see it as appropriate for members of a former khalasar to remove the ex-khal’s herd: ‘it is the right of the strong to take from the weak’ [I:733].

Also far from Westerosi concepts is the view of the Wildings. Ygritte expresses views reminiscent of some native American or aboriginal peoples, disputing the idea of individual ownership of (some?) land and chattels, which are worth quoting in full: ‘The gods made the earth for all men t’ share. Only when the kings came w their crowns and steel swords, they claimed it was all theirs. My trees, they said, you can’t eat them apples. My stream, you can’t fish here. My wood, you’re not t’ hunt. My earth, my water, my castle, mu daughter, keep your hands away or I’ll chop them off, but maybe if you kneel t’ me I’ll let you have a sniff. You could call us thieves, but at least a thief has t’ be brave and clever and quick. A Kneeler only has t’ kneel.’ III:462.

 

The feudal element

Lordship and feudal ties are much in evidence, though little explained. High lords have bannermen, bound to them by oaths, though the connection with land grants has not been explored, and no doubt there is more to say about the rights and responsibilities of lords and ‘smallfolk’. It is clear that (some?) people can choose to whom they swear themselves – e.g. Brienne of Tarth swears to Catelyn Stark [II:508] in what seems more like a personal bond than something land-related.

Wardship is a known institution, though it is not always well-distinguished from fosterage and hostageship. Thus Theon Greyjoy is said to be the ward of Ned Stark [I:12] but is in reality a hostage for his father’s good behaviour following a rebellion against Robert I Baratheon [See also I:22; I:37].

Money It is interesting to note that there is no equivalent to the medieval Christian horror of usury. The Iron Throne pays ‘usury’ on its loans [III:361] and Cersei tells merchants to pay usury on their own loans from the Iron Bank of Braavos [IV:604].


Abbreviations

I:          George R.R. Martin, A Game of Thrones

II:        George R.R. Martin, A Clash of Kings

III:       George R.R. Martin: A Storm of Swords

IV:       George R.R. Martin, A Feast for Crows

V:        George R.R. Martin, A Dance with Dragons

World: George R.R. Martin, E M Garcia Jr, L. Antonsson, The World of Ice and Fire: the untold history of Westeros and the Game of Thrones

Number references refer to pages in I – V, but to Kindle locations for World.

Gwen Seabourne

28/12/2014