HIST 236 Highlighted Notes PDF

HIST 236 Highlighted Notes Unit 1 -​ 753 BCE Traditional date of the foundation of Rome -​ 510 BCE Rome becomes an independent city-state and begins her conquest of the Italian peninsula -​ 102 BCE Roman General Marius defeats Teutoni at Aquae Sextiae in southern France -​ 101 BCE Marius defeat C...

HIST 236 Highlighted Notes Unit 1 -​ 753 BCE Traditional date of the foundation of Rome -​ 510 BCE Rome becomes an independent city-state and begins her conquest of the Italian peninsula -​ 102 BCE Roman General Marius defeats Teutoni at Aquae Sextiae in southern France -​ 101 BCE Marius defeat Cimbri at Vercellae in northern Italy -​ Gaul now becomes a Roman Province and shares a common border with the “German wilderness” across the Rhine and Danube -​ 9 CE Rome wishes to extend her rule to the Elbe -​ General Quinctilius Varus harsh policies and heavy-handed taxes stirs a revolt in 9 CE -​ Arminius (“Herman the German”) destroys three Roman legions (XVII, XVIII & XIX) at Teutoburg Forest over three days -​ Roman expansion into Germany ends and stops at the Danube -​ 181 CE Marcomanni and Quadi tribes cross the Danube and begin a long series of wars against Rome during the reign of Marcus Aurelius - “cracks” appear in Rome’s frontiers -​ 212 CE Caracalla gave Roman citizenship to all free inhabitants of the Empire in 212 (note: non-Romans could gain Roman citizenship by serving in the army for 25 years. Caracalla now removed a major incentive to join the Army!) -​ Volkerwandurung (migrations) of the German tribes continue on a massive scale -​ many serve in Roman auxiliaries and use information to aid their tribesmen -​ other Roman “Warlords” hire Germans to fill the ranks of their armies -​ Rome begins to solve manpower needs by employing Germans in all branches of the military -​ Theodosius I, Last Emperor to rule a united Empire - 380 CE Christianity was made the State Religion of Rome -​ large scale Germanization of the Roman army -​ many Germans rise to high military and political offices -​ 409 CE Rome pulls her troops out of Britain to defend Gaul -opens Britain up to petty warlords and Anglo-Saxon invasions - beginning of the Arthurian legends? -​ 410 CE Goths, lead by Alaric, sack Rome - Rome taken for the first time in 800 years - a huge psychological blow -​ 449 Anglo-Saxon tribes begin permanent settlements in Britain -​ 455 CE Vandals seize north Africa and sack Rome with such ferocity that it gave birth to the term “Vandalism” -​ 476 CE Romulus Augustulus (last emperor) -​ Replaced by Odoacer, a German “barbarian” king, who declared himself King of Italy - marks the “Fall of Rome” in the West and the beginning of the “Dark Ages” in the West -​ 507 CE the Franks, under Clovis I, take over large sections of northern and central Gaul (France)  -​ 528 CE the Lombards defeat the Gepids and settle in northern Italy -​ German warlords must try to provide legal protection to their Roman and German subjects to be seen as “kings”, not barbarians -​ a) Theodosian Code (438 CE) of Theodosius II - include all imperial laws since the time of Constantine I (311-337) that were still in effect - nothing from earlier times or jurists -​ b) Justinian’s Code (Emperor Justinian, of the Eastern Roman Empire 527-565 CE) - all Roman laws gathered into one code called the Corpus Juris Civilis (“The Body of Civil Law”) -​ purpose was to devise a system wherein judges could be properly guided by looking at the code rather than making arbitrary decisions -​ 1.The Code -contained the statutory laws of all the Roman Emperors that were still in effect at the time -​ 2.The Digest - this contained all decisions made from the 1st to 4 centuries by the great Roman jurists (especially those of Julian, Papinian, Ulpian and Paul during the classical age of Roman law) -​ 3.The Institutes - based on the earlier Institutes of Gaius - a general introduction/textbook to be used by law students for help in understanding the legal system. -​ 4. The Novels - all of the "new" laws passed by Justinian himself during his reign. -​ CJC later became the basis of modern Western law -​ Germans treat all lawsuits as private/civil suits - criminal suits were for damages vs trial for public crimes and punishments - the “injured” party was awarded “damages” from the “guilty” party -​ This course will explore how three legal systems (Anglo-Saxons, Franks & Lombards) evolved which combined, to a greater or lesser degree, Roman legal concepts with German morality and values Unit 2 -​ 407 CE Roman regular army garrison abandons Britain to defend the Rhine frontier -​ 410 CE large scale Saxon migrations/raids begin -​ 449 CE German tribes begin permanent settlements in Britain -​ A German “Seax”, or Short Sword (Root of the name “Saxon”) -​ c.516 Britons under “Arthur” defeat Anglo-Saxons of Sussex at Mount Badon -​ England = “land of the Angles” -​ Sussex = “land of the Saxons” -​ Essex = “land of the east Saxons” -​ Middlesex = “land of the middle Saxons” -​ 563 St. Columba establishes monastery at Iona, Scotland - start of Irish missions to Anglo-Saxons -​ 686 The Isle of Wight is the last Anglo-Saxon realm to convert to Christianity -​ Britain now drawn into the orbit of Christian Europe -​ 793 first Norse raid on England at the monastery at Lindisfarne -​ 865-67 Norse “Great Army” raids across England and captures York - opens way for large Norse migrations to Britain -​ 871 King Aethelred of Wessex, and his brother Alfred, halt the Norse advance at Ashdown - Aethelred dies later that year and Alfred becomes king -​ 876 Norse begin to settle in England - Alfred forced to retreat in the face of renewed Norse attacks - northern half of Britain known as the “Danelaw” -​ 899 King Alfred dies and is given the title “The Great” (the only English monarch to be so named) - he is succeeded by his son Edward the Elder -​ 959 unification of Anglo-Saxon England under King Edgar of Wessex -​ 1016 King Canute the Great of Denmark becomes King of England and joins it to his “empire” of Denmark and Norway -​ 1043 death of Canute - Edward the Confessor, son of King Aethelred “the Un-counselled” of Wessex (died 1016) is crowned King -​ 1066 Edward the Confessor dies without on heir - Earl Harold Godwinsson of Wessex is crowned king - King Harold of Wessex defeats Norse invasion of Harald Hardraada of Norway at Stamford Bridge - King Harold of Wessex, the last Anglo-Saxon king, is killed by the army of King William of Normandy at the Battle of Hastings -​ 1069 Normans put down last Saxon revolt and become the masters of Britain -​ The Witan, or “Council of wise Men”, drawn from the leading clergy, administration and retainers from around the country, chose the most suitable successor from the ruling house, or elsewhere -​ The king’s primary role was to lead the army in battle - also had to equally enforce the law, dispense justice and collect taxes - king holds the “sword of justice” in court -​ Kings needed to keep the aristocracy on their side - gave gifts, usually of land, to his thegns in exchange for their loyalty -​ Thegns were the upper class of Saxon society and elite warriors - originated as the king’s bodyguard - rewarded with gifts of lands and titles - title was hereditary - originally, it was a warrior wealthy enough to own at least 5 “hides” of land - “hide”, meaning “household”, was the amount of land needed to support a family -​ Thegns managed their own estates and rented lands to peasants (becoming their “lords”) - maintained local roads, bridges and fortifications - a select few were the “king’s thegns”, who attended him personally and formed his bodyguard in battle - a thegn’s land and title were divided by his sons (so a son could still be a thegn although he owned less than 5 “hides” of land) - all thegns expected to turn out for the fyrd(militia), leading their own band of ceorl retainers -​ The ceorls or peasants made up the majority of the working class in Anglo-Saxon society -​ a wealthy ceorl could rise to the status of thegn -​ All ceorls were eligible for duty in the fyrd (militia) - usually only a few of the best soldiers that could be spared by the thegn were taken to battle, under his leadership -​ At the bottom of the social ladder were thousands of serfs or bondmen - usually prisoners of war - could be bought and sold as slaves - tied to the lord’s land - severe punishments for those who tried to escape -​ Kindred was important in Saxon law and society - it included his family, plus his father’s and mother’s relations -​ Kindred could become very large, powerful and interconnected (both an asset and a liability) - if a man were killed, it was his Kindred who prosecuted those responsible and collected his weregild - 2/3 of a weregild went to the father’s family, and 1/3 to the mother’s family -​ The kindred of a slayer could pay the weregild(meaning “man price” ie “blood money”) or disown him - if no fine is paid, the slayer became an outlaw -​ families then tried to take violent revenge and carried out a blood feud between kindred -​ the terms of marriage was agreed and the bride-price was paid -​ Before the advent of Christianity, women had much equality before the law -​ Christian women who joined a monastery and then became nuns gave up their kindred ties - their weregild was paid to the monastery - if it were difficult to collect, it was turned over to the king to take appropriate action -​ Anglo-Saxon Law is the most “barbaric”(ie most purely Teutonic or Germanic) of law codes - most customary of German laws, with little to no Roman influences - Franks are second to them in this -​ no need for the Anglo-Saxons to pass laws for Britons since they are a minority - little Roman bureaucracy left, and few with any legal training -​ Most common speech/language is in the West Saxon (ie Wessex) dialect (most powerful English state by the late 9th century) -​ a) Legislative Function - carried out by the King and the Witan, or sometimes the Witan alone - new codes were produced at regular intervals, adding new statutes, up-dating old ones, and re-stating ones that were being ignored - copies made for the ealdormen (Earls), bishops and local reeves - some differences based on customary law in various parts of England -​ b) The Executive Functions - No police force to arrest criminals - victims relied on their kin and friends to form a “posse” and pursue criminals - easy for criminals to escape and hide in the forests of England - to do so condemned you to a miserable outlaw existence - could be killed on sight -​ The accused was usually brought before the Shire (ie“county”) reeve (at the local “hundred court”) to face trial - the shire-reeve (“sheriff”) could direct case to the Shire court or King, but most settled there - could also decide if the case was worth hearing at all (modern pre-trial hearing) -​ During the tenth century, shires were further sub-divided into hundreds, under a hundred man - ”Hundred ” is 100 hides of farm land, or, an area large enough to provide 100 soldiers for the fyrd - he became the principal arm of the law for the King - within each  hundred were 10 freemen, called tithings (the senior of the 10 being called the tithingman) -​ Cattle rustling a common problem -​ Hundredmen could form a “posse” (a group of armed or unarmed assistants) to apprehend anyone who “broke the king’s peace” and fled - the term “posse” derives from the Latin term “posse comitatus”, meaning “force of the county” - chief responsibility for apprehending an accused person still fell on the victim’s kin -​ c) Judicial Functions - Charges were usually heard by the “hundred court” presided over by the local Shire-reeve - held every four weeks in a very public place - local administrative issues dealt with as well -​ Above the “hundred court” was the Shire court -​ Typical Saxon trials either took the form of an appeal to public opinion, or to heaven through an ordeal -​ if he or his kin did not pay the fine, he was declared outlaw and banished -​ If the accused did appear, both sides swore an oath stating that they were acting in good faith - basic principle of Anglo-Saxon law was that “denial is always stronger than accusation” - if the accused could bring forth the required number of witnesses (varied based on the severity of the crime) to swear that his testimony and oath were valid, he would probably be cleared of the charge -​ The defendant swore: "By the Lord, I am guiltless both of deed and instigation of the crime with which N charges me" - the oath-helpers simply swore in support of this: "By the Lord, the oath is pure and not false that M swore“ -​ Sometimes a defendant might not be considered “oath-worthy” due to their record or being “caught in the act” - accuser just had to bring forward the required number of witnesses to swear -​ a) The Cold Water Ordeal - after drinking holy water, the accused was bound and tossed into a river or pond - if he floated he was judged to be guilty -​ b) The Hot Iron Ordeal - the accused was made to carry a pound of red-hot iron a certain distance - in the most serious cases the iron might weigh up to three pounds -​ c) The Boiling Water Ordeal - the accused plunged his hand into a cauldron of boiling water to retrieve a stone - in the most serious cases the arm might be plunged in up to the elbow -​ In the last two ordeals, the injured limbs were bandaged - if after three days the wound was festering, then guilt was announced -​ No prisons, so courts relied on fines, mutilation and death as punishments -​ Weregild were principle of compensation used for murder or mutilation -​ usual weregild for the thegn class was 300 shillings -​ a ceorl’s weregild varied, but averaged at about 100 shillings -​ those of British decent (ie “Romans”) were half those of a Saxon -​ slaves had no weregild at all, except the value of their work, as chattel, to their owners  -​ Most serious crimes were treachery to the king, murder or robbery committed in public, arson, and witchcraft - considered beyond monetary compensation (“bootless” crimes) - suffered death and confiscation of all their property - usually drowning, though beheading and hanging are mentioned - the Church favored mutilation, so that the guilty could make amends for his crime and save his soul Unit 3 -​ ”Dooms” are the law codes or legal decrees of the king -​ King Alfred of Wessex The most powerful Anglo-Saxon King - Reigned from 871-901 CE -​ Aethelstan, King of Wessex, London becoming the Anglo-Saxon/English capital city at this time - he began to centralize government and attempt to unify the kingdom - Legal codes have more “modern” language and wording -​ Aethelred, King of Mercia, His is the most Christian of law codes -​ Canute, King of England, A Danish King - King of England, Norway and Denmark - King of England 1016-1035 CE - Law code, written c. 1020 CE, shows more powerful secular authority -​ oaths before an altar were a sacred/solemn bond - also shows the influence of Christianity -​ the oaths required from various people in society reflect the hierarchy in Medieval society -​ Kings and Bishops do not have to swear an oath (as God’s chosen leaders) - all believe that an oath is sacred -​ a priest’s oath is “Veritatem dico in Christo, non mentior”.....”I speak in the truth of Christ, not to speak falsely (to deceive)” -​ all deserve due process before the law - taking the law into your own hands to recover stolen property or a debt (ie not going to the authorities and following due process) has a large fine - return item taken, plus its value in addition as a fine, to the “Injured party” -​ plus pay 30 Shillings ($6000) in compensation to the King (insult to him for not following due process) - ”breaking the King’s Peace” -​ provides a way to show the king’s authority and avoid “blood feuds” -​ a thief caught in the act can be killed on the spot, or be permitted to pay his weregeld and live -​ up to 7 men = thieves, from 8-35 men = a band, over 35 men = an army -​ the more men involved in a crime, the more severe the punishment/fine and the greater number of oath-helpers (men who own 1 or more hides of land) needed (numbers indicate conspiracy and pre-meditation) -​ communicants (those who knew about the crime) need half the number of oath helpers -​ those who are guilty of perjury can never again “have the privilege of clearing themselves by oath, but only by the ordeal” - they are no longer “oath worthy” - huge implication socially and legally  -​ Process of the Ordeal - live with the local priest for the three days before the Ordeal - pray, fast, confession, go to mass and receive communion from the priest - priest gets a feeling about your innocence or guilt - lots of psychological pressure - swear an oath of innocence on the day of the Ordeal -​ Cold Water Ordeal - must sink to a depth of 1.5 “ells” (3 feet) - an “ell” is the distance from your shoulder to your wrist (22-24”)Process of the Ordeal - innocent people sink (embraced by the pure waters) -​ Hot Iron Ordeal - hand wrapped up for three days afterwards, then the priest checks on how well it is healing -​ God is the ultimate judge in this legal process - key concept in this course and Medieval Law -​ Consequences of perjury or a false oath - if repents for his sins and makes penance as directed by the bishop, he can be buried in consecrated ground -​ those of bad reputation (ie not oath worthy) go to the triple ordeal for crimes, usually theft - must carry hot iron, 3 times the normal weight -​ slaves who are thieves are branded on the first offence, and put to death on the second offence -​ slaves are valued as property, not people -​ no secret sales - need witnesses to prove ownership - witnesses are your receipt - avoids confusion, corrupt business practices, cheating and accusations of theft -​ those who interfere with a lawful arrest suffer the same punishment as the accused, or can be killed and buried in unconsecrated ground -​ if a sheriff is negligent in his duties, he is fired and pays a fine of 120 shillings ($24,000) to the king -​ those guilty of false accusation or slander either lose their tongue or pay its wergeld - loss of the tongue is a “mirror punishment” -​ 12 is the age of majority to go to court, bring a lawsuit, sue and be sued - must go court to declare “adult status” beforehand - at 12 must also swear that they will never be a thief -​ an accused who fails to appear in court is declared an outlaw - proven thieves and those guilty of treason against their lord cannot claim the sanctuary of the Church and are put to death -​ if you saw a thief, you had to shout the “hue and cry” - you could not aid a thief, and were obligated to help catch one if a “hue and cry” went out, or be fined -​ slaying a priest results in weregeld fine and pilgrimage as penance, or being outlawed - must begin pilgrimage within 30 days or lose all property as well as being outlawed -​ -priests/clergy who commit murder loses their office, is banished and must go on pilgrimage as directed by the Pope (pilgrimage as punishment/penance) -​ no execution of criminals on Sundays or holy days (Christian influence on the law) Unit 4 -​ Mundbyrd is your protective rights over someone - in marriage it is often described in the codes as when “anyone buys a maiden” - not buying her, but buying her legal rights to sue, be sued and inherit on her behalf from her father or guardian -​ ”Morning Gift” (morgengyfe) is a gift of land and wealth given to a new bride by her groom the morning after their wedding night - a gift to her from her husband for the gift of her virginity -​ sons can inherit their deceased father’s property at age 10 -​ sons can engage in lawsuits, serve in the military and marry at age 12 -​ Growing need for witnesses to prove you purchased something legally (growth of market towns for trade) - if accused of possessing stolen goods (but not of theft) he can keep them if he can produce witnesses - if he cannot provide witnesses, he will swear a sacred oath that he bought it, but lose the property in question and be given its value instead - if he cannot provide witnesses or swear an oath, he loses the property with no compensation -​ The cost of the girl’s family breaking off an Engagement (assume it is her fault) - ”Breach of Promise” (to marry) has huge personal, social and legal repercussions - pay ex-finance double the myndbyrd back, plus any other costs based on other embarrassing aspects of the situation or the degree of insult - all very expensive and stops a family from “shopping around for a better husband” -​ ”fire is a thief”, and “the axe is an informer” - fines concerning for cutting down trees and pigs based on their size -​ hefty fines for not joining the fyrde(militia) and performing one’s military obligation -​ “bocland” (“bookland”) is land given to someone in a will -​ wanted men were to be held for “due process” of law vs taking law into your own hands and risking a blood feud -​ wanted men can take sanctuary in their home or a church for 7 days -​ Church was considered a sanctuary for anyone fleeing the law or hostile pursuers -​ wanted men who surrendered themselves and their weapons were to be protected -​ a man may kill the seducer of his wife, daughter, mother or sister without risking weregild or feud -​ “Wicked” adultery if a priest seduces a maiden or married woman, or nun (breach of his position of trust) - a man guilty of adultery is fined - a wife loses her possessions/property to her husband and has her nose and ears cut off -​ Incest punished with a fine, or the paying of a wergeld, or the loss of all possessions -​ Foreigners, living in irregular unions (ie bigamy or homosexual) must correct the situation or be exiled) -​ ”wicked adultery” committed by “pious” men, a big problem -​ different degrees of incest punished (a common problem?) Unit 5 -​ Any injury or misdeed in the King’s presence results in the fine being doubles - King’s right of protection is 50 Shillings - Nobleman’s right of protection is 12 Shillings - Ceorl’s/commoner’s right of protection is 6 Shillings -​ A Ceorl’s/commoner’s Wergeld is 100 Shillings - first 20 shillings of a weregeld must be paid “at the open grave and the entire wergeld within 40 days” - timelines on paying wergeld or being branded an “outlawed” -​ Hair was important in Anglo-Saxon society and a source of pride - grave insult to pull a man’s hair long hair -​ Anglo-Saxon women wore their hair long as a symbol of their adult status -​ Noble’s weregild is 300 shillings (3x a commoner’s) -​ Insults result in a fine 1 Shilling to the householder where the insult took place, 6 Shillings to the one insulted, and 12 Shillings to the King for “breaking the King’s Peace” -​ the Church is free from taxation, but must pray for and support the king “freely” -​ working on Sunday (The Lord’s Day), or eating meat on fasting days, is punished by a fine of a healsfang (“half a wergild” fine) -​ a Ceorl working on a holy day is fined with a healsfang -​ Sacrificing to devils is fined by either losing all of your goods or your healsfang -​ A man who kills a thief “in the act of theft” does not have to pay a wergild fine -​ A child must be baptized within 30 days or the parents are fined 30 Shilling -​ A family of thieves are to be sold into slavery - at age 10 a boy can be an accessory to theft -​ The state provides money to help pay for the support of a “foundling” (Anglo-Saxon child support) or a few years “according to its (the child’s) appearance -​ “Manbot” was a fine paid to a lord as compensation for the killing of a man under his authority. It was based on a proportion of the dead man’s wergild Unit 6 -​ -breaking a “good” oath involves 40 days of penance as prescribed by the Bishop, at a royal manor -​ Sanctuary in a monastery limited to 3 days - those who ignore the sanctuary of a church or monastery are fined 120 Shillings (their mundbyrd price) and can never claim sanctuary themselves -​ Plotting against the king (capital treason), or one’s lord (petty treason)is punished with death and the loss of “all he possesses” - huge consequences for his family -​ The rite of sanctuary in a church is limited to 7 days - if harmed there, perpetrator pays the usual fines, plus 120 shillings to the church (mundbyrd price), plus 50 shillings to the king (his mundbyrd), plus cannot claim sanctuary in future -​ those who flee to a church and confess yet unknown crimes will half penalty reduced by half -​ A man who kills a pregnant woman will pay her wergeld, plus a half wergeld for the child (based on the father’s) -​ a fetus killed in the womb is compensated at half the father’s wergild -​ Minors who are raped are compensated as adults -​ Public slander a serious crime, and reflects on a man’s reputation - punished by loss of your tongue, or pay ⅓ weregeld -​ You need your Lord’s permission to swear loyalty to a new Lord - avoids secret plotting against your Lord - fined by 120 shillings, half to your lord and half to the king -​ Thieves “caught in the act” can be killed on sight, as long as they are over 12 years old and the value of what is taken is more than 8 pence (not kill a petty thief) -​ Witchcraft, sorcerers and those casting “deadly spells” that result in death (ie murder) are put to death - can only prove innocence (ie death by magic was accidental) through the triple ordeal - if death was accidental they are imprisoned for 120 days, pay 120 Shillings to the king, plus the wergeld to the deceased’s kin, and they must never practice these pagan arts again (family as surety) -​ Counterfeiters lose their hand, and it is displayed over the mint/home of the counterfeiter - can go to the Hot Iron Ordeal to prove their innocence (might still lose their hand due to injury -​ Priests must remain celibate and may not marry, have more than one wife, or divorce -​ Cannot marry his own kin with the 6th degree (up to 4th cousins), or “spiritual kin” within the 6th degree (incest) - nor marry a nun, godmother or divorced woman, or have more than one wife or get divorced “to save his soul from hell-fire” -​ Church and King ask courts to look at a variety of aggravating and mitigating factors (age, status, health, intent, mens rea, etc) before passing judgement (favor clemency) - very modern concept -​ Rich and powerful should more fully “make amends for his sins” than the poor and weak - see the growing influence of the Roman Catholic Church in Anglo-Saxon society and law -​ Laws put in place so that “the punishment shall be such as is justifiable in the sight of God and acceptable in the eyes of men” -​ Promotes “merciful punishments” and to not sell Christians out of the country (to pagan people) - save their souls and get a Christian burial -​ Laws put in place to drive out wizards, sorcerers, spell-casters, worshippers of pagan idols and practices, under pain of death - exile, repent or be put to death -​ Murderers given over to the deceased’s kinsmen to be put to death (personal nature of justice/revenge) - vindication for the victim’s family - guilty must pay wergeld and be executed for murder vs just paying a wergeld for homicide -​ Those who fight in the King’s hall can be put to death unless the king pardons them -​ List of botless (botleas) crimes - crimes considered so severe that you cannot buy your way out of being put to death by paying a fine - the guilty must pay a fine and be put to  death - assaults upon houses (husbryce) - arson - theft - murder (not homicide) - treachery against your lord -​ Those who flee the army (Fyrde) or navy while on campaign against the enemy will lose all of their property and their life