MEDIEVAL STUDIES MAGAZINE FROM MEDIEVALISTS.

NET

The

Medieval

Magazine

Number 52

January 25, 2016

Law
and
Justice
How much Anglo-Saxon
now in England?

Records from a Scottish

town

Dolphins in the Middle

Ages

26

Medieval Toothpaste recipes

The Medieval Magazine

Page 9

January 25, 2016

Medieval monastery destroyed
by Islamic State
1400 year old monastery demolished in
Iraq.

Page 16

Medieval Toothpaste Recipes

Need advice on how to keep your teeth

clean and shiny white?

Page 18

Ten Milestones in Medieval Law

From Justinian's Code to the Trial of Joan

of Arc.

Page 26

Dolphins in the Middle Ages

What happened when a dolphin swam up

Thames River to London in 1392?

Table of Contents
4

DNA study reveals that the English are one-third Anglo-Saxon

New Project to Examine Medieval Records of Scottish city

Medieval monastery destroyed by Islamic State

11

Medieval Stones to be returned to Elgin Cathedral

13

Plans underway to mark the 950th anniversary of the Battle of Hastings

14

January divorce rush dates back to the Middle Ages

16

Medieval Toothpaste recipes

18

Ten Milestones in Medieval Law

19

The Corrupt Archbishop

21

23 Uses for Rosemary

27

Dolphins in the Middle Ages

29

Tales from Sacchetti: The Three Judgments

THE MEDIEVAL MAGAZINE

Edited by:
Peter Konieczny
Website: www.medievalists.net
This digital magazine is published each
Monday.
Cover Photo: Detail of a miniature of
Justice seated, with a sword and scales.
From British Library Royal 19 C II f. 49v

Medieval News

DNA study reveals that

the English are onethird Anglo-Saxon
A new genetics study estimates that approximately one-third of
British ancestors were Anglo-Saxon immigrants. Appearing in the
journal Nature Communications, the article made use of burial
sites near Cambridge to examine the whole-genome sequences
of ancient and medieval British DNA.

This triple burial from Oakington Cambridgeshire included metal and amber
grave goods with continental European characteristics. DNA of ten samples from
Oakington and from nearby sites were sequenced to reveal Anglo-Saxon
immigration history in England. Photo by Duncan Sayer

Historians have long debated how extensive

was the Anglo-Saxon settlement of Britain,
which took place between the mid-fifth and
early-seventh centuries. It was during this
period that several Germanic peoples arrived
and colonized parts of the England, but it was
unknown how large this migration was and
whether or not they mixed with the native
population.

modern England.

Previous DNA studies have relied entirely on

modern DNA and suggested anything
between 10% and 95% contribution to the
population. One such study suggested that
Anglo Saxons didnt mix with the native
population, staying segregated. However,
this newly published study uses ancient
genetic information and disproves the earlier
An opportunity to resolve these issues idea, showing just how integrated the people
emerged with the discovery and excavation of Britain were.
of three sites near Cambridge - five samples
from Hinxton, four from Oakington and one Combining archaeological findings with
from Linton. The Linton sample and two DNA data gives us much more information
Hinxton samples are from the late Iron Age about the early Anglo-Saxon lives. Genome
(~100 BCE), the four samples from Oakington sequences from four individuals from a
from the early Anglo-Saxon period (fifth to cemetery in Oakington indicated that,
sixth century), and three Hinxton samples genetically, two were migrant Anglo-Saxons,
from the middle Anglo-Saxon period one was a native, and one was a mixture of
(seventh to ninth century). The two Iron Age both. The archaeological evidence shows that
samples from Hinxton were male, while all these individuals were treated the same way
other samples were female.
in death, and proves they were all well
integrated into the Oakington Anglo-Saxon
Professor Alan Cooper, Director of the Community despite their different biological
Australian Centre for Ancient DNA at the heritage. added Dr Duncan Sayer of the
University of Adelaide, was part of the team University of Central Lancashire.
that took part in the excavations. As soon as
I heard Iron Age skeletons had been found The authors of the study also note that:
under the Sanger Centre grounds, he
explains, it was obvious we had to try and The genomes of two sequenced individuals (O1
sequence their genomes. I raced over to and O2) are consistent with them being of
Cambridge to sample tooth roots from the recent immigrant origin, from a source
specimens, which fortunately looked to be in population close to modern Dutch, one was
good nick, and we were quickly able to extract genetically similar to native Iron Age samples
good quality DNA from them.
(O4), and the fourth was consistent with being
an admixed individual (O3), indicating
Dr Stephan Schiffels, another author of the interbreeding. Despite this, their graves were
study, noted that By sequencing the DNA conspicuously similar, with all four individuals
from ten skeletons from the late Iron Age and buried in flexed position, and with similar grave
the Anglo-Saxon period, we obtained the first furnishing. Interestingly the wealthiest grave,
complete ancient genomes from Great with a large cruciform brooch, belonged to the
Britain. Comparing these ancient genomes individual of native British ancestry (O4), and
with sequences of hundreds of modern the individual without grave goods was one of
European genomes, we estimate that 38% of the two genetically foreign ones (O2), an
the ancestors of the English were Anglo- observation consistent with isotope analysis
Saxons. This is the first direct estimate of the at West Heslerton which suggests that new
impact of immigration into Britain from the immigrants were frequently poorer.
5th to 7th Centuries AD and the traces left in

Continued on Page 8

New Project to
Examine Medieval
Records of
Scottish city
A new project to unlock the secrets of Aberdeen's Burgh
Records has been awarded funding of 310,000.
The city has more surviving records for the 1398-1511 and such is their historical
period 13981511 than all other Scottish importance that in 2013 UNESCO UK
towns combined.
inscribed the earliest eight council register
volumes on the Memory of the World
Researchers have previously delved into the Register.
records to uncover tales of shipwrecks, piracy
and even royal demands and the new funding, Our previous research into the records
from the Leverhulme Trust, will enable them uncovered letters written by King James V
to analyse legal practices in the city - how and showed he became directly involved
was the law applied, who used it, when, and following accusations that the cargo of a
to what ends.
shipwreck off modern Cove had been
plundered. We also discovered that Aberdeen
Dr Jackson Armstrong, from the University of frequently upset its European neighbours
Aberdeen, will lead the project, entitled Law with a perceived leniency towards piracy.
in the Aberdeen Council Registers 1398
1511: Concepts, Practices, Geographies. It The Burgh records contain many more
will be based in the Universitys Research secrets and we hope that with the new
Institute of Irish and Scottish Studies (RIISS). Leverhulme funding we can begin to unlock
Dr Armstrong said: We will be looking at how them. The continuity of the council registers
the use of the law changed over time and the allows questions of legal change to be
basis for that change.
addressed meaningfully, and not just relying
on snapshots of evidence from different
The Burgh Records are an invaluable and points in time.
unique source for this type of research
because of their continuity.
The Leverhulme award will fund research
over a three year period and will bring
They are near continuous for the period

Extract of Burgh Records - Photo courtesy University of Aberdeen

together academics from a range of different
disciplines including Dr Andrew Mackillop
from History, Dr Adam Wyner from
Computing, Dr Andrew Simpson from Law
and Dr Edda Frankot, who will be the studys
Editorial Research Fellow.

University academics have been working

together to set the stage for a study on this
scale.

To underpin this study, the project will

produce a full electronically-structured
transcription of the registers up to 1511,
Dr Armstrong added: It is a great privilege which Aberdeen City Council will ensure is
to lead the team that will open up the text of made available online.
Scotlands most important local records from
the later middle ages. Our academic Aberdeen City Council Communities,
investigation aims to set a new direction for Housing and Infrastructure convener
research with urban records. We intend to Councillor Neil Cooney said: It is fantastic
enlarge and sharpen perspectives on law and that the Leverhulme Trust has made this
legal change over time. We seek to foster funding award as it will help to shed light on
European comparisons and, in a Scottish a period of the citys history that has hitherto
context, prompt a deep reconsideration of been relatively under-investigated.
the geography of law and politics in the
kingdom.
Aberdeen is indeed fortunate to have the
oldest and most complete records of any
This new project builds on established Scottish town, the significance of the archive
cooperation between town and gown. Since being recognised by UNESCO in 2013 when
2012 representatives of the City and these unique 600-year-old documents were

included on the UK Register of Important

Documentary Heritage.
The Leverhulme Research Project Grants
provide financial support for innovative and
We are excited about opening up the original research projects of high quality and
amazing history of our city in this way and potential. The grants provide support for the
the potential that the funding award presents salaries of research staff engaged on the
to enable people to discover more about life project, plus associated costs directly related
in the medieval burgh, and the world to the research proposed. Proposals must
beyond.
reflect the personal vision of the applicant
and demonstrate compelling competence in
Commenting on the award, Phil Astley, the research design.
Aberdeen City Council City Archivist, said
This is a tremendous opportunity for The Leverhulme Trust was established by the
exciting new work with Aberdeens Will of William Hesketh Lever, the founder of
important collections. It will enable new Lever Brothers. Since 1925 it has provided
forms of access to these records, and open grants and scholarships for research and
up new scope for local, national and education and today is one of the largest allinternational collaborations. We are pleased subject providers of research funding in the
to be involved in this project which has such UK, distributing approximately 80m a year.
long-term potential to enhance Aberdeens
wider cultural offering.

Anglo-Saxon DNA - Continued from Page 5

Modern British and continental European
genomes from the UK10K project and the
1000 Genomes Project were compared with
the genomes from the ancient skeletons.
Researchers discovered that the AngloSaxon immigrants were genetically very
similar to modern Dutch and Danish, and that
they contributed 38% of the DNA of modern
people from East England, and 30% for
modern Welsh and Scottish. The AngloSaxons first settled in the South East of
England so this pattern is consistent with
their migration pattern.
The genomes of northern European
populations are similar and it is difficult to
accurately distinguish between them. To
help solve this problem, the study developed
a sensitive new method, called rarecoal,
which could identify subtle genetic traces in
individuals, using rare genetic variants
identified in hundreds of present-day
people. Earlier methods of mapping ancient
DNA looked at common genetic variants from
the very distant past, which are present in

most people. The new rarecoal method did

exactly the opposite, allowing researchers to
map more recent events and unravel very
closely related populations.
We wanted to determine where ancient DNA
samples would fit with respect to a modern
population model and to map individuals into
that model. This study, using whole-genome
sequencing, allowed us to assign DNA
ancestry at extremely high resolution and
accurately estimate the Anglo-Saxon mixture
fraction for each individual, said Richard
Durbin, senior author at the Sanger Institute.
More full genome sequences and further
improvements in methodology will allow us
to resolve migrations in even more detail in
the future.
The article, Iron Age and Anglo-Saxon
genomes from East England reveal British
migration history was published in the
journal Nature Communications. Click here to
read it.

Medieval
monastery
destroyed by
Islamic State
Saint Elijahs Monastery the oldest Christian monastery in Iraq,
has been completely destroyed by forces from the Islamic State
(IS), according to a report from the Associated Press. The AP used
satellite photos to confirm that 1400-year old site was demolished,
probably shortly after the militant group seized the northern Iraqi
city of Mosul in 2014. It appears that the site was systematically
levelled using construction equipment.

Catholic priest Father Paul Thabit Habib told

the AP in an interview, I cant describe my
sadness. Our Christian history in Mosul is
being barbarically leveled. We see it as an
attempt to expel us from Iraq, eliminating
and finishing our existence in this land.

ancient and medieval sites in Syria and Iraq.

Ahmed Maher, the Iraq correspondent for BBC
News, explained, The jihadists have
released footage showing themselves
destroying shrines, churches and antiquities
with sledgehammers and dynamite. More
than 100 churches and monasteries have
been razed to the ground in Mosul and the
predominantly
Christian
villages
surrounding it, like Bashiqa and Qaraqosh,
since they took control of the area in 2014.

The monastery was founded around 595 AD

by an Assyrian monk, but during the Middle
Ages it became a centre for the Chaldean
Christian community. It was restored in the
early 20th century, and during the US
invasion of Iraq the monastery was occupied The militants believe that Islam is the only
by American troops, who helped to preserve religion that must be adopted by the
the site.
followers of other faiths. And that is why they
have targeted minorities and destroyed their
Topographical and later archaeological places of worship. Those who have remained
studies were later carried out you can read in these areas have been forced to choose
about the research in the article Mapping the between conversion and execution.
Heart of Mesopotamia: A Bittersweet Legacy
in the Landscape of War, by Suzanne Bott.
She told the AP that what we lose is a very
tangible reminder of the roots of a religion.
IS forces have destroyed or looted dozens of

Saint Elijahs Monastery photographed in 2005. It has now been completely

destroyed by IS photo by Doug / Wikimedia Commons

Medieval Stones to be
returned to Elgin Cathedral

Medieval stones at Elgin Cathedral - photo courtesy Historic Scotland

Work has begun to return 126 medieval
carved stones home to Elgin Cathedral.
Carved faces, plants and animals are being
hoisted up into the cathedral towers to form
part of an exciting exhibition due to open on
Easter weekend.
The Elgin stones spent much of 2015 at
Historic
Environment
Scotlands
conservation centre in Edinburgh, being
cleaned by expert conservators and studied
by researchers. Now an immersive exhibition
has been developed, telling the story of the
cathedral and the people who built and used
it.

Alexander, Lord of the Isles in 1402. After the

Reformation this beautiful cathedral,
sometimes known as The Lantern of the
North, lost its roof and fell into disrepair.
Fiona Fleming, Interpretation Manager at
Historic Environment Scotland, explained,
For many years, the carved stones lay buried
amidst the ruins, until the 1800s, when Elgin
shoemaker John Shanks became the first
keeper and watchman of the cathedral. He
began to clear away some of the rubble
uncovering wonderful, crisp carvings that had
been buried for centuries.

By studying the stones we have been able

Elgin Cathedral has a dramatic history to understand more about the cathedrals
surviving both devastating fire in 1270 and construction and development, its builders
attacks by the Earl of Buchan in 1390 and and benefactors, and what it might have

meant to those who walked through its will bring the story of Elgin Cathedral to life
doors.
for visitors. Weve worked with academic
experts to decode the messages within the
For the first time in 20 years, visitors will be carvings, and in partnership with Napier
able to get up close to these remarkable University on a wonderful lighting display to
stones, including Bishops memorials and create a truly innovative exhibition for
fragments of a 13th century rose window Scotlands year of Innovation, Architecture
discovered during repair works in 1936.* The and Design. If youre planning your family
displays will also explore the messages outings for 2016, Id highly recommend that
contained in the many carvings that a visit to Elgin Cathedral goes on the list.
embellished the medieval cathedral, from
flora, fauna and funny faces to mystical The exhibition will open on Easter weekend.
beasts and heraldic motifs.
To learn more, please visit the Historic
Lorna Ewan, Head of Visitor Experience, Scotland website at www.historic-scotland.
Content
and
Learning
at
Historic gov.uk/
Environment Scotland, said, This is shaping
up to be a fascinating exhibition, one which

While the stones were in Edinburgh for cleaning, conservators were able to piece
together a segment of this window to see how it might have looked originally.

Plans underway to
mark the 950th
Anniversary of the
Battle of Hastings
English Heritage will be marking the
anniversary of the Norman Conquest with a
year of events and activities at historic
Norman sites across the country, including
the Battle of Hastings battlefield itself. Here.
A new exhibition will tell the story of the
battle while for the first time, visitors will be
able to stand on the roof of the Great
Gatehouse of Battle Abbey the abbey
founded by William the Conqueror on the
spot where King Harold died and get a whole
new perspective on the most famous battle
in English history.

The survey found that in fact, more people

could identify the claimants to the Iron
Throne in TV series Game of Thrones,
including Stannis Baratheon (13%) and
Daenerys Targaryen (12%), than either
Harald Hardrada (9%), who invaded with a
Viking army in September 1066, or Edgar the
Aetheling (3%), who was proclaimed king
after the Battle of Hastings. Those aged 25 to
34 recognised more of those Game of Thrones
characters claiming the throne than either
Edward the Confessor or Harold Godwinson,
the two last Saxon kings of England.

English Heritage also announced the results

of a poll of those 35 and under that shows
that while the events of 1066 remain the
most famous in English history, younger
people in the UK know more about the show
Game of Thrones then the details of the
Norman Conquest.

Jeremy Ashbee, Senior Properties Curator for

English Heritage, said, 1066 is arguably the
most important year in Englands history. The
death of King Edward the Confessor 950 years
ago today unleashed a battle for the crown
of England. 1066 was a year that saw four
different claimants for one throne, brother
fighting brother, and three battles, including
a decisive one outside Hastings. For drama,
it was the equal of anything in Game of
Thrones. English Heritage will be bringing the
story of 1066 to life throughout the year at
our castles, abbeys and the battlefield where
history was made.

One third (34%) of people picked 1066 as

the most memorable date in English history
(well ahead of the year 1945 in second-place
with 8% of votes) but those surveyed fared
less well when asked to identify the key
participants in the historic events of that
year. William of Normandy, victor of the
Battle of Hastings, was correctly selected by To learn more about 1066, please visit the
38%, but his opponent Harold Godwinson English Heritage website, at www.englishonly scored 25%, while only 15% picked out heritage.org.uk/1066
Edward the Confessor, who was king when
the year began.

January divorce
rush dates back to
the Middle Ages
By Frederik Pedersen
January is a strain for most people. Its dark and the festive lights
dont disguise this anymore. Youre back at work and the next
holiday may be some way off. Youve just had to spend a large
amount of time with your family. This has consequences.
Lawyers have a worse than normal return to
work after the Christmas break: they go back
to stacks of divorce papers. So many couples
seek the help of professionals to have their
marriage dissolved after the strains of the
Christmas season that the first Monday of the
first working week of the year is known
among lawyers as Divorce Monday. Lawyers
ascribe the sudden surge in divorce work to
the release of tension after temporary truces
for the sake of the family over the Christmas
season.

would have been as familiar with the January

rush to the courts as their modern colleagues,
although the marriage disputes they helped
settle were very different.

Medieval marriage

It was incredibly easy to contract marriage in

the middle ages. All that was needed was that
a man and a woman said the words I marry
you to one another. There was no need for
a priest or even witnesses, the spoken words
married them before God. But getting out of
But its doubtful that lawyers, or their clients, it was more difficult.
know how long the history of the time period
is.
Unlike today, people couldnt legally divorce:
This may appear to be a relatively new
development (the earliest statistics online
date from 2008), but my recent research into
litigation records surviving from the
medieval church courts in York shows that
the same pattern prevailed as far back as the
14th century.

they had to have their marriages annulled

instead. What God had joined together could
not be seen to be put asunder by Man. So,
couples had to convince the court that they
had married someone else previously, or that
they had never consented to the marriage in
the first place.

Most people were well aware about the law

A third of the litigation heard by the church regarding marriage and in many cases it is
court in York (which had the power to enforce clear that sometimes both they and the courts
and dissolve marriage) was initiated in the engaged in an elaborate deception to
month of January. So medieval lawyers

allow couples to separate or to marry. The animals before such meat became inedible.
clear deception meant that the court had to
enforce marriage in most cases.
Then work and feasts of the late autumn
combined with the Christmas season to
Only in cases of really extreme domestic provide little opportunity to pay attention to
violence did the church court step in as a kind legal matters. The proctors, advocates and
of heavy-handed marriage counsellor, judges of the medieval church courts often
attempting first to reconcile the litigants, and, left the city to help their families in the
if that was unsuccessful, by granting the country in the autumn, and, unlike their
spouses the right to live in separate modern colleagues they were priests and
households (but not to have sexual relations therefore had to balance their time in court
with anyone) and by providing alimony for with their liturgical duties in the Advent
the wife.
period.
So when month of January arrived both
litigants and their representatives at court
So why the January divorce rush? Was the were had to attend to an avalanche of legal
medieval Christmas just as stressful as ours, disputes.
did the strain of family over the festive period
prove too much for the couples of old? Against this background, it is perhaps ironical
Perhaps, but the medieval version actually that most medieval illuminated calendars
has more to do with the two annual rhythms show the peasants days in the month of
that dominated life in the middle ages: the January being taken up with activities such
Church year which was extremely busy in as repairing household items and mending
the month of December and the demands fences in the fields. The court records of
medieval York suggest that, just like today,
of the farming year.
the jolly family activity of mending fences
After the summer court recess began in late was not the first thing on the minds of
July, the month of August and the first three everyone directly after Christmas.

The big rush

weeks of September had low litigation levels:

only urgent cases were heard at specially
convened courts. The last week of September
and the month of October saw litigation pick
up, when 16% of annual litigation was
initiated after the courts long summer
recess.
But after that legal activity fell dead. Between
1300 and 1500 not a single case was opened
in York in November. The court did convene
this month, so the total absence of litigation
is initially baffling. But this becomes more
understandable when one considers the
agricultural year. November demanded a lot
of heavy activity (slaughtering, smoking and
curing livestock in preparation for the
winter), but it was also a period of celebration
and much drinking as people feasted on the
easily spoilt fatty meats of newly slaughtered

Frederik Pedersen is a
Senior Lecturer in History at
University of Aberdeen. Click
here to watch our extended
interiew of him

This article was first published in The

Conversation.

Medieval
Toothpaste
Recipes
By Danile Cybulskie
Need advice on how to keep your teeth clean and shiny white?
Medieval writers have got you covered! Like us, people in the Middle
Ages were concerned about their oral hygiene, especially their
breath. As a result, solutions from medical treatises and beauty
regimens have survived to help us all achieve medieval dental
standards. Without further ado, here are five recipes for toothpaste.
1. According to Gilbertus Anglicus
Compendium of Medicine, it is important to
rub your teeth and gums with a cloth after
eating, because it is important to ensure that
no corrupte mater abyde amonge e tee
(no corrupt matter abides among the teeth,
Anderson, p.421). You can also munch on a
paste of pepper and salt for that lovely
scratchy feeling, and old-fashioned taste.
Gilbertus advises, chewe id poudir a good
while in [your] moo, and then swolle it
down (chew this powder a good while in
[your] mouth and then swallow it down,
Anderson, p.421). As a side benefit, youre
likely to clear your sinuses while youre at it.

take walnut shells well cleaned of the interior

rind, which is green, and rub the teeth three
times a day, and when they have been well
rubbed wash the mouth with warm wine,
and with salt mixed in if desired. (p.102)
Im not sure how much anyone would desire
mixing salt with the wine, but there you have
it: black teeth whitened.
3. This second tooth-whitening recipe from
The Trotula may work even better, since it
requires wiping the teeth after swishing the
wine, preventing unsightly wine stains on the
teeth. This recipe requires a bit more effort:

2. From one part of The Trotula, one of the Take burnt white marble and burnt date pits,
most famous books of medieval remedies and white natron, a red tile, salt, and pumice.
and beauty tips for women, comes a recipe From all of these make a powder in which
For Black Teeth:

Modern Toothpaste - photo by Scott Ehardt

damp wool has been wrapped in a fine linen people who are rich and want their teeth to
cloth. Rub the teeth inside and out. (p.122)
show it. The writer does say this one works
the best, so, naturally, Ive saved it for last.
After that, be sure to do the wine rinse again,
with very good wine (p.122), then dry and Take some each of cinnamon, clove, spikenard,
wipe the teeth with a new white cloth mastic, frankincense, grain, wormwood, crab
(p.122). Perhaps the white cloth helps you foot, date pits, and olives. Grind all of these
find all the wine stains. Finally, finish by and reduce them to a powder, then rub the
chewing on fennel or lovage or parsley affected places. (p.112)
(p.122) for good oral health and fresh breath.
Your breath, with its mix of frankincense and
4. Need to take your toothpaste on the road? crab foot, will let everyone know just how
No problem. The Physicians of Myddfai have wealthy you are. (Youre welcome.)
got your back. You can either scrub briskly
with just one herb elecampane And there you have it! Solutions for all of your
(Anderson, p.420) or you can make handy toothpaste needs. For more information on
powder balls to bring with you:
English dentistry, read the rest of Trevor
Andersons Dental Treatment in Medieval
Take the leaves of sage (Salvia officinalis), England; for an always-worthwhile read on
powder with as much again of salt, and make womens health and beauty, check out The
it into balls. Bake them till they are burnt and Trotula; and for more helpful tips from
powder. Let your teeth be rubbed frequently history, check out Ask the Past.
therewith. It will render the teeth clean, white,
and sweet. (Anderson, p.420)
Who could ask for anything more?
5. This last recipe from The Trotula is for

Ten Milestones
in Medieval
Law
Michael Roffers latest work, The Law Book: From Hammurabi to
the International Criminal Court, 250 Milestones in the History of
Law, traces some of the most important moments in law and justice
from ancient times to present. From legal statutes to trials,
civilization has seen many changes in law. The Middle Ages had
their share of legal milestones, and here are ten that Roffer believes
had a profound impact on our society.
1) The Justinian Code
One of the main accomplishments of the 6th century Byzantine emperor Justinian
was to restore the Roman legal system, which had become cluttered and outdated.
This project created one body of work to manage the laws of the empire, as well as
the philosophy and commentary behind them. In the words of one commentator, it
has been seen by many scholars as the seed from which sprouted all later Western
systems of jurisprudence.

2) The Tang Code

Created in 624, this set of laws examines criminal law and what the punishment
should be for specific offenses. Roffer writes, one of the Codes core objectives was
to help maintain social order, amid perceived declining morality, through deterrence
of unacceptable behavior. Han philosopher Tung Chung-shu, who viewed the human
and natural worlds as linked, greatly influenced the development of the Code. The
essence of the code holds that an offense disrupted society, the proper balance of
which could be restored by the proper punishment or, in certain cases, by confession
and restitution.

3) The Quran
Islamic law is based on the Quran, which includes about 500 legal injunctions, as well
as the sayings and traditions of the Prophet Muhammad, which is known as the Hadith.
In the early centuries of Islamic society, their legal system evolved and flourished,
and has since gone on to become the foundation of secular law in many Muslimmajority nations.

4) Gratians Decretum
In the mid-12th century the scholar Gratian completed his Decretum, which was a
compilation of canon law. Legal scholar Harold J. Berman has called it the first
comprehensive and systematic legal treatise in the history of the West, and perhaps
in the history of mankind.

5) The Assize of Clarendon

Created by King Henry II in 1166, this law enhanced the power of royal courts over
ecclesiastical courts in judging various serious crimes including murder and robbery.
The concept of juries was first established with the Assize of Clarendon, providing
the blueprint fro one of the most significant procedural components of criminal law.

6) Lex Mercatoria
As trade continued to increase in medieval Europe, merchants were coming up with
informal customs and practices that would serve as their own law. These rules,
Roffer explains, collectively the lex mercatoria, or merchant law - became the
governing doctrine for resolving commercial disputes in merchant courts that arose
along major trading routes. Many scholars view it as one of the precursors to the
concept of international law.

7) Magna Carta
While the famous document from 1215 was soon voided by the Pope, and ignored
by the King and Barons just after it was issued, Magna Carta has long since inspired
and molded legal thinking. According to legal journalist James Podgers, that King
John agreed to sign a document affirming the principle that no one, not even a monarch,
is above the law was historic. Legal scholar A.E. Dick Howard notes that the document
had enormous significance in the development of one of our most precious ideals:
rule of law, a government of laws and not of men.

8) The Statutes of Westminster

The cornerstones for Edward Is reputation as one of the most important monarchs
in Englands legal history were the the Statutes of Westminster. The first set of laws
were issued in 1275, followed by other sets in 1285 and 1290.

9) The Star Chamber

Emerging in the second half of the 14th century, it was created by the Kings Council
to allow for regular citizens to seek justice against even the most powerful men of
the real. Gradually the seven men who sat in the court began to wield important
power, including the ability to create new laws. For example, Roffer writes, it made
crimes of libel, perjury, and conspiracy. However appropriate or necessary such laws
were, the process inhibited political dissent and criminalized the expression of certain
opinions. The Court of the Star Chamber would continue to operate until 1640.

10) Trial of Joan of Arc

Perhaps the most well-known trial of the Middle Ages, it took place in 1431 after
Joan was captured and imprisoned by the English and their allies. In order to discredit
the teenager, who had led French forces to a series of military victories just months
earlier, she was put on trial for heresy.

The Law Book by

Michael H. Roffer
is available from
Amazon.com

The Corrupt
Archbishop
Corruption by power officials is not a new
story. There are many examples one can look
back upon that tell of how men and women
fall to prey to greed. This includes a 14th
century Archbishop of Dublin, who was
caught after spending years orchestrating an
elaborate plot of embezzlement and forgery.

As the investigation proceeded, the English

government found that the Archbishop, along
with the treasurer and other royal officials in
Ireland, were routinely embezzling royal
funds and then forging false records. A clerk
named John of Manchester was hired by
Bicknor to commit the forgeries.

This story is told in the article, "The Case

Against Alexander Bicknor, Archbishop and
Perculator," by James W. Lydon, which is part
of a collection of essays entitled Ireland and
the English World in the Late Middle Ages.

One of the illegal scams goes back to 1313,

when they concocted a letter patent from the
prior of the Dominicans in Dublin stating that
he had received 35 marks in alms granted by
the King - in reality the Dominicans only got
5 marks.

Alexander Bicknor had come to Ireland in

1302, serving the English monarchs Edward
I and Edward II in various administrative
duties, including as deputy chancellor and
justiciar, before being appointed by the Pope
as Archbishop of Dublin in 1317.

The royal court was able to get several of the

archbishop's underlings to admit to the
forgeries and frauds, including John of
Manchester. Bicknor was summoned to
London, and when questioned, said they he
did not wish to deny that he knew about or
Eight years later, an investigation carried out consented to them.
by the Royal Exchequer in London began
turning up evidence that the Archbishop had The court ruled that the corruption involved
been for years skimming money sent out by the sum of 1168. 6s. and ordered all those
the English king, which Bicknor was in charge involved, including the archbishop, to be
of distributing to the rest of Ireland.
confined to the Fleet Prison and have their
property seized. Besides property around
For example, a writ was sent to Bicknor Dublin, the crown seized other lands in
ordering him to pay the earl of Ulster 2500, Gloucester, Shropshire and Staffordshire
15s. for wages in serving in the war in from Bicknor.
Scoltand, and Bicknor kept 500 marks for
himself, while stating that he had sent the The imprisonment of Alexander Bicknor did
full amount to the earl.
not last long. Within days, King Edward II had

sent order releasing him, "because of

devotion to the holy church and reverence
for the episopal dignity." Lydon adds that
Bicknor was an effective administrator and
increased royal revenues, which may have
also been reason enough for Edward to be
lenient with him.
The other accomplices spent months or years
in prison before they were able to pay large
fines to obtain their release, and some were
even banned from serving a royal office again.
Although Bicknor was given a pardon, officials
from the Royal Exchequer spent the next
twenty years continuing to investigate and
question the archbishop, in particular about
revenues and goods confiscated from the
Templars.
One question left unanswered was why
Bicknor spent years defrauding the royal
government. Lydon writes, "there is no
apparent reasons for his actions. It can be said
with some certainty that he did not need the
money for personal use. He certainly did not
live a life of extravagance and did not acquire
wealth by the time of his death."

Ireland and the English

World in the Late Middle
Ages, edited by Brendan
Smith, was published by
Palgrave in 2009.
Click here for more details

23 Medieval Uses
for Rosemary
In the Middle Ages, Rosemary was considered a wonder plant,
which could be used to treat many illnesses and keep you healthy.
One 14th century writer found 23 uses for it, including keeping your
hair beautiful and preventing nightmares!
This beautiful plant with its blue flowers is native to the Mediterranean region and
has a long history dating back to mythological stories. The Greek goddess Aphrodite
was said to be wrapped in rosemary when she first emerged from the sea, while the
name comes a story that the Virgin Mary had once spread a blue cloak over a whiteblossomed bush, which turned its flowers blue. Writers dating back to ancient times
praised the plant for its medical uses, and medieval brides would wear a rosemary
wreath.
A list of its uses can be found in the Zibaldone da Canal, an early fourteenth-century
book by a Venetian merchant. Although he says that there 25 uses for rosemary, the
text only includes 23, but they offer a fascinating look at what medieval people
believed were the beneficial aspects of plant.
These are the virtues of rosemary, which is very good for all illnesses; rosemary has 25
powers, and all are good.
1. The first, take the flower of the rosemary and bind it in a linen cloth, and boil it in
water until only half as much water remains, and use it against all illnesses within the
body, and drink this water.
2. Likewise, boil the leaf of the rosemary in good unadulterated white win, and wash
your face in it, and it will make your face white and beautiful, and the hair beautiful.
3. Likewise, take the flower of the rosemary and make a powder of it and bind on your
arm, and it will be quick.
4. Likewise, take the flower of the rosemary and make a paste of it and moisten a green
cloth, and brush your teeth, and it will kill worms, and protect you from all ills.
5. Likewise, take the root of the rosemary and put it on hot coals, and breathe the smoke
through your nose, and it will cause all rheum to go away.

Rosemary illustrated in British Library MS Egerton 747 f. 85v

6. Likewise, take the root of the rosemary and boil it in strong vinegar and wash your
feet in it, and it will make them firm and strong.
7. Likewise, take the flower of the rosemary in the morning and eat it with honey and
rye bread, and no blisters will rise on you.
8. Likewise, take the leaves of the rosemary and put it in your bed, and you will not have
nightmares.
9. Likewise, take the rosemary and make a vapor from it, and it will prolong your youth
and strengthen your limbs.
10. Likewise, take the leaf of the rosemary and grind it up and put it on a crab, and it
will cause it to die immediately.

11. Likewise, take rosemary and its leaves and grind them up and make 6 spoonfuls of
sauce, and eat it with whatever you please, and it will make it good and wholesome.
12. Likewise, take rosemary and keep it in your house, and you will have nothing to fear
from serpents or scorpions.
13. Likewise, take a leaf of rosemary and put it in wine, and it will give it a good, firm
bouquet and a good flavor, and it will be clean and clear.
14. Likewise, take the wood of the rosemary, and put it into a barrel, or cask, and drink
the wine from it. It is good for every illness, and will drive away boils of the breast.
15. Likewise, take the leaf of the rosemary, and boil it, and wash your head, and great
weakness from rage, or other causes, will fall away from you, and you will be well.
16. Likewise, take rosemary and plant it in the earth at the head of your vineyard, and
it will be better than before.
17. Likewise, take the leaf of the rosemary, and boil it with holy water and dilute some
white wine with this water, and make a sop, and it will restore you appetite for eating.
18. Likewise, take the leaf of the rosemary and boil it in strong vinegar and, while it is
still hot, put it on your body and know that it will draw diarrhoea from your body.
19. Likewise, take the leaf of the rosemary and boil it in water and when it has cooled
to lukewarm, wash your feet with it and then take a cloth and wrap your legs, and all
inflammation of gout and other maladies will go from you, and it will heal.
20. Likewise, take great quantities of rosemary leaves and boil them in water, and bathe
the man who has become made from illness, and he will be restored to sanity.
21. Likewise, take rosemary and make a fire of it and direct smoke into a hole where
you know there is a snake, and it will quickly come out.
22. Likewise, take the leaf of the rosemary and boil it, and when it cools drink it. It will
quickly chase away all thirst and you will be restored.
23. Likewise, take the flower of the rosemary and put it your trunk where you keep your
cloth, or your books, and you will not need fear the worms that can destroy them.

Dolphins in the
Middle Ages
By Danile Cybulskie

Dolphin depicted in the British Library MS Arundel 66 f. 37v

Like just about everyone else on planet Earth whos

been lucky enough to see them, medieval people
shared a friendly admiration of dolphins. Their smiling
faces seem to have garnered them human respect, and
curiosity enough for medieval people to study them
carefully and share dolphin stories.

Naturally, dolphins would have been a frequent

sight enjoyed by those living in coastal areas,
and they were definitely noticed by mariners,
with whom they shared the open seas. Sailors
believed that the sight of dolphins racing and
leaping in front of their ships was a sign of coming
storms, and for this reason, it was unfair to kill
them they were only trying to be helpful. In his
Otia Imperiala, Gervase of Tilbury tells the story
of a sailor who, out of youthful exuberance,
wound[s] a dolphin with a javelin (p.679). As a
result, the sailors ship is immediately caught up
in a storm, when a figure resembling a knight
approaches them across the sea, improbably on
horseback (p.679). The knight demands that the
young sailor make reparation by coming down
into the sea with him. When the sailor reaches
the bottom of the sea, on a couch of costly
furnishing, he f[inds] the knight whom he had
wounded earlier as a dolphin (p.681).
Fortunately for his shipmates, the sailor heals
the dolphin knight, and all is well again. That
explains why, says Gervase, ever since then,
sailors have no longer attacked dolphins . It
would be unworthy to inflict pain on them, thanks
to whom a warning is received of impending
danger (p.681).
While medieval people could be notorious for
reading all sorts of meaning especially
spiritual into various behaviours in the natural
world (like the knightly chivalry of Gervases
dolphins), sailors noticed that some of the
dolphins antics werent just a part of some sort
of arduous natural duty: they were playing
(Walsingham, p.917). In fact, sailors made many
correct observations about dolphins: that they
were mammals, for instance, who nursed their
young, as Thomas Walsingham notes in The St.
Albans Chronicle (p.917), and that they tend to
sick members of their pods, a fact confirmed by
modern research (please note that medieval
sources dont determine which type of dolphin
they mean; as a result, this information is from
National Geographics page on the bottlenose
dolphin). Walsingham also writes that dolphins
live to be thirty years old, which is a pretty good
observation, considering how difficult it must
have been to track individuals and pods. (Modern
science has determined dolphins live an average
of forty-five to fifty years, according to National
Geographic.) He says that this information has
been determined by cutting off their tails,

although he doesnt elaborate on how that works.

(As a side note, scientists can determine a
dolphins age by counting the rings in its teeth,
much like dating a tree.) Medieval people noticed
the sounds dolphins make their voice is a cry
like a human being, says Walsingham (p.919)
and correctly surmised that they used these
sounds for communication between themselves.
The St. Albans Chronicle also contains sailors
suspicions that dolphins breathed air: Men say,
Walsingham writes, that they do not breathe in
the water, but breathe their vital breath only in
the air above the sea (p.919). Walsingham
doesnt get every detail correct, however. He
states that their dorsal fins are prickly and
retractable (p.919). In his defence, he probably
had never seen a dolphin up close
Some people, though, did experience the joy of
close contact. Walsingham recounts stories (most
likely taken from Pliny; White notes these stories
in The Bestiary, p.200) of Mediterranean boys
who befriended dolphins, training them with
pieces of bread, and riding them. All of these
stories had tragic endings, though, with the
dolphins inevitably perishing as a result of their
great love for their human friends. In 1392,
Walsingham wrote, a dolphin swam up the
Thames right up to London Bridge (p.917) on
Christmas Day, probably, he notes, in advance of
coming storms. Sadly, but perhaps not
surprisingly, The dolphin was seen and pursued
by citizens, but it was caught, though with
difficulty, and then brought back to London. Many
were amazed at the sight of its huge body, which
was, in fact, ten feet long (p.917). It seems that
neither dolphins nor humans have changed their
nature much over the centuries..
Perhaps a little too wild and too connected to a
pagan past to fit comfortably within the Christian
theology which so often informs medieval animal
stories, dolphins were nevertheless a source of
continual fascination for those who were lucky
enough to share space with them, just as they are
now. For more information on medieval ideas
about dolphins, check out The Medieval
Bestiarys dolphin page.

You can follow Danile Cybulskie on

Twitter @5MinMedievalist

Tales from Sacchetti

The Three
Judgements
This is the second instalment of tales from a work called Novelle
by Franco Sacchetti. Sacchetti was a 14th-century Italian novelist
and poet, who spent most of his life in Florence. He wrote various
works, but is most remembered for the about 300 short stories
he made. It is difficult to know which tales are real and which parts
are fictitious, but often they are very funny and offer a look at the
daily lives of medieval people that we rarely see.
Messer Rubaconte, Podesta of Florence, gives three good and witty judgments
in favour of Begnai.
Since I appear to be discoursing upon certain righteous judgments, and recalling unto mind
how just was the judgment of Solomon on the two women who demanded the child, I will
now briefly relate three sentences delivered by a Podesta of Florence named Messer
Rubaconte, all three being in favour of a strange and simple man called Begnai.
Before this Podesta bad been two months in office, it chanced that Begnai was crossing a
bridge, which was then built of wood, and a large crowd of people on horseback coming
from the other side, Begnai was compelled to climb upon the parapet, which was of planks
and not very wide. Wherefore, as the people passed close beside him, he was pushed over
the edge and fell into the Arno, on to the back of a man who was washing his legs, and who
was thereby killed. The kindred of the dead man incited the angry crowd to seize Begnai,
and in the presence of this Podesta they demanded that he should be killed, because he
had killed the man.
The Podesta, considering the matter, and albeit the law said, "He who kills shall be killed,"
opposed himself to the accusers. So, among other things, when they said, " We will have
our honour," the Podesta replied, And I will give it to you, and I desire that you shall be
revenged;
and this is the manner of it, and this is the sentence which I do pronounce: this Begnai shall
go and wash his feet in the Arno, there where the dead man was washing himself, and one
of you, of kindred nearest to the dead, shall get upon the edge of the bridge where fell
Begnai and shall fall on the top of him."

The kindred deemed that they had but a bad case, and not knowing what they should reply
they abandoned the question, and Begnai was set at liberty.

The second case was this: An ass belonging to a workman having fallen down, and not being
able to get up again, the workman assisted it in front and prayed Begnai to assist it behind;
and as Begnai took hold of it by the tail and pulled up as hard as he could, the tail came off
in
his hand. The owner of the ass considered he had acted very evilly, and appealed to the
Podesta and caused Begnai to be summoned. Upon inquiring into this affair, and hearing
Begnai declare that he thought the ass' tail was more securely fastened on, the Podesta
burst into laughter.

And the owner of the ass said, I did not tell thee to pluck out its tail!"
Then the Podeata said, "Good man, lead yourass home, for even although it has no tail, it
will carry its burden well."
The man replied, " But how shall it brush away the flies?"
Wherefore the Podesta gave judgment that the good man should take his ass home, but that
if he would not, then Begnai should keep the ass until a new tail had grown, and then render
it back toits owner. Begnai was set at liberiy, and the peasant led away his tailless ass and
did the best he could with it.
The third case was, that Begnai found a purse containing four hundred florins, and when the
man who had lost it went about seeking it, Begnai gave it back to him. Then he to whom the
purse belonged made a dispute with Begnai and declared that the purse was lacking a hundred
florins.
Begnai replied, "I have given it to you just as I found it."
The question came before this same Podesta, who, upon hearing it, said to him who made
the appeal, "How is it to be believed, if this man desired to do evil, that he would have given
you back the purse of his own free will?"
"No," answered the other, "there were five hundred florins of my money."
Then said the Podesta, " Good now my judgment is, that Begnai shall keep this purse of
four hundred florins until you have found the purse of five hundred florins, but if you are
content to take the purse as it was given to you, then you may have it, if only you wilt truly
promise to give it up again if it is found to belong to another."
The man took the purse and gave the promise, and Begnai was set free.

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