Crossing Borders Boundaries And Margins In Medieval And Early Modern Britain

The twelve essays in Crossing Borders: Boundaries and Margins in Medieval and Early Modern Britain examine marches and margins as jurisdictional, legal, and social expressions of power, building upon the scholarship of Professor Cynthia J. Neville.

An exploration of the diverse lived experiences of marginality in Scottish society from the sixteen to the eighteenth century. Throughout the early modern period, Scottish society was constructed around an expectation of social conformity: people were required to operate within a relatively narrow range of acceptable identities and behaviours. Those who did not conform to this idealised standard, or who were in some fundamental way different from the prescribed norm, were met with suspicion. Such individuals often attracted both criticism and discrimination, forcing them to live confirmed to the social margins. Focusing on a range of marginalised groups, including the poor, migrants, ethnic minorities, indentured workers and women, the contributors to this book explore what it was like to live at the boundaries of social acceptability, what mechanisms were involved in policing the divide between "mainstream" and "marginal", and what opportunities existed for personal or collective fulfilment. The result is a fresh perspective on early modern Scotland, one that not only recovers the stories of people long excluded from historical discussion, but also offers a deeper understanding of the ordering assumptions of society more generally. Specific topics addressed range from the marginalisation of people with disabilities in the domestic sphere to female sex workers, and the place of executioners in society.

This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women’s treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women.

Caritas, a form of grace that turned our love for our neighbour into a spiritual practice, was expected of all early modern Christians, and corresponded with a set of ethical rules for living that displayed one's love in the everyday. Caritas was not just a willingness to behave morally, to keep the peace, and to uphold social order however, but was expected to be felt as a strong passion, like that of a parent to a child. Caritas: Neighbourly Love and the Early Modern Self explores the importance of caritas to early modern communities, introducing the concept of the 'emotional ethic' to explain how neighbourly love become not only a code for moral living but a part of felt experience. As an emotional ethic, caritas was an embodied norm, where physical feeling and bodily practices guided right action, and was practiced in the choices and actions of everyday life. Using a case study of the Scottish lower orders, this book highlights how caritas shaped relationships between men and women, families, and the broader community. Focusing on marriage, childhood and youth, 'sinful sex', privacy and secrecy, and hospitality towards the itinerant poor, Caritas provides a rich analysis of the emotional lives of the poor and the embodied moral framework that guided their behaviour. Charting the period 1660 to 1830, it highlights how caritas evolved in response to the growing significance of romantic love, as well as new ideas of social relation between men, such as fraternity and benevolence.

Homicide has a history. In early modern England, that history saw two especially notable developments: one, the emergence in the sixteenth century of a formal distinction between murder and manslaughter, made meaningful through a lighter punishment than death for the latter, and two, a significant reduction in the rates of homicides individuals perpetrated on each other. Making Murder Public explores connections between these two changes. It demonstrates the value in distinguishing between murder and manslaughter, or at least in seeing how that distinction came to matter in a period which also witnessed dramatic drops in the occurrence of homicidal violence. Focused on the 'politics of murder', Making Murder Public examines how homicide became more effectively criminalized between 1480 and 1680, with chapters devoted to coroners' inquests, appeals and private compensation, duels and private vengeance, and print and public punishment. The English had begun moving away from treating homicide as an offence subject to private settlements or vengeance long before other Europeans, at least from the twelfth century. What happened in the early modern period was, in some ways, a continuation of processes long underway, but intensified and refocused by developments from 1480 to 1680. Making Murder Public argues that homicide became fully 'public' in these years, with killings seen to violate a 'king's peace' that people increasingly conflated with or subordinated to the 'public peace' or 'public justice.'

"A Weak Woman in a Strong Battle provides a new perspective on the representations of women on the scaffold, focusing on how female victims and those writing about them constructed meaning from the ritual. A significant part of the execution spectacle-one used to assess the victim's proper acceptance of death and godly repentance-was the final speech offered at the foot of the gallows or before the pyre. To ensure that their words on the scaffold held value for audiences, women adopted conventionally gendered language and positioned themselves as subservient and modest. Just as important as their words, though, were the depictions of women's bodies. Drawing on a wide range of genres, from accounts of martyrdom to dramatic works, this study explores not only the words of women executed in Tudor and Stuart England, but also the ways that writers represented female bodies as markers of penitence or deviance. The reception of women's speeches, Jennifer Lodine-Chaffey argues, depended on their performances of accepted female behaviors and words as well as physical signs of interior regeneration. Indeed, when women presented themselves or were represented as behaving in stereotypically feminine and virtuous ways, they were able to offer limited critiques of their fraught positions in society. The first part of this study investigates the early modern execution, including the behavioral expectations for condemned individuals, the medieval tradition that shaped the ritual, and the gender specific ways English authorities legislated and carried out women's executions. Depictions of the female body are the focus of the second part of the book. The executed woman's body, Lodine-Chaffey contends, functioned as a text, scrutinized by witnesses and readers for markers of innocence or guilt. These signs, though, were related not just to early modern ideas about female modesty and weakness, but also to the developing martyrdom tradition, which linked bodies and behavior to inner spiritual states. While many representations of women focused on physical traits and behaviors coded as godly, other accounts highlighted the grotesque and bestial attributes of women deemed unrepentant or evil. Part Three considers the rhetorical strategies used by women and their authors, highlighting the ways that women positioned themselves as stereotypically weak in order to defuse criticism of their speeches and navigate their positions in society, even when awaiting death on the scaffold. The greater focus on the words and bodies of women facing execution during this period, Lodine-Chaffey argues, became a catalyst for a more thorough interest in and understanding of women's roles not just as criminals but as subjects"--

This open access book analyses the practice of banishment and what it can tell us about the values of late medieval society concerning morally acceptable behaviour. It focuses on the Dutch town of Kampen and considers the exclusion of offenders through banishment and the redemption of individuals after their exile. Banishment was a common punishment in late medieval Europe, especially for sexual offences. In Kampen it was also meted out as a consequence of the non-payment of fines, after which people could arrange repayment schemes which allowed them to return. The books firstly considers the legal context of the practice of banishment, before discussing punishment in Kampen more generally. In the third chapter the legal practice of banishment as a punitive and coercive measure is discussed. The final chapter focuses on the redemption of exiles, either because their punishment was completed, or because they arranged for the payment of outstanding fines.

An examination of peine fort et dure, the coercive medieval punishment for defendants refusing to plead to criminal indictments.