Tag Archives: Law

A Case of Clerical Fraud – King Æthelstan and Malmesbury Abbey

The Norman Conquest changed the character of the English church. Anglo-Saxon clergy were ousted, churches and cathedrals began to be built on a much larger scale, the king wielded direct influence over the church, and it marked a period of monastic expansion that saw the number of clergy and religious houses expand fourfold.  Yet despite these changes, it remained that, in Anglo-Norman England, many individual institutions had their origins in the pre-Norman period. Given the fierce competition for land that accompanied the arrival of a new nobility and many new religious houses, these abbeys and churches had a useful tool: the ability to lay claim to a region as the bequeathal of a long-dead Anglo-Saxon king. However, if the religious house in question did not have an extant charter or writ (diploma), and only held the land by right of tradition, how did they prove their ownership? Easy. They created a new one, and believe me, clerical fraud was rife. So, in today’s post we will look at one such example of a fraudulent charter. Known as S 436 and purported to date to 937, the charter we are looking at records King Æthelstan’s gifts of land at Wootton, Bremhill, Somerford, Norton and Ewen to the brothers at Malmesbury Abbey. Continue reading A Case of Clerical Fraud – King Æthelstan and Malmesbury Abbey

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When Justice Cost an Arm & a Leg – The Mutilated Body in Medieval Anglo-Scandinavian Law

The breaking of a body is a powerful act. In the medieval world, it was a matter of life or death. A mutilated body marked out its victim for social censure and, critically for a labour-based society, if the injury impacted the ability of the victim to work, it marginalised their social function and forced them to rely on communal charity. Thus, such an act was both a punishment of great impact when performed within the context of law, and a matter demanding compensation of money or blood when performed outside of the law. With that in mind, today I am going to home in on the body in law and in particular the dichotomy of mutilation as a transgression of the law and as a tool of the law. In doing so I am going to focus on Anglo-Saxon law, and the Icelandic Grágás as representative of Scandinavian law.  I promise to try keep it interesting and provide some feuding, some torture, and some storytelling (alongside wergild legislation and evolving legal cultures) – look out for men being hung by holes cut into their heels toward the end! Fun right? Continue reading When Justice Cost an Arm & a Leg – The Mutilated Body in Medieval Anglo-Scandinavian Law