Koran manuscripts that fit comfortably within the palm of one’s hand are known as early as the 10th century CE.For the sake of convenience, all dates will be given in the common era (CE) without further mention, and not in the Islamic or Hijra calendar. Their minute and sometimes barely legible script is clearly not intended for comfortable reading. Instead, recent scholarship suggests that the manuscripts were designed to be worn on the body like pendants or fastened to military flag (...) poles. This is corroborated by some preserved cases for these books which feature lugs to attach a cord or chain, but also their rare occurrence in contemporary textual sources. While pendant Korans in rectangular codex form exist, the majority were produced as codices in the shape of an octagonal prism, and others as scrolls that could be rolled up into a cylindrical form. Both resemble the shapes of similarly dated and pre-Islamic amulets or amulet cases. Building on recent scholarship, I will argue in this article that miniature or pendant Koran manuscripts were produced in similar forms and sizes because of comparable modes of usage, but not necessarily by a deliberate imitation of their amuletic ‘predecessors’. The manuscripts’ main functions did not require them to be read or even opened; some of their cases were in fact riveted shut. Accordingly, the haptic feedback they gave to their owners when they carried or touched them was not one of regular books but one of solid objects (like amulets) or even jewellery, which then reinforced this practice. (shrink)

This article examines two short narratives by Hans Sachs, ‘Of the Lost Talking Gulden’ (1553) and ‘The Poor Complaining Horse Hide’ (1557), as early ‘it-narratives’ that feature material things as their narrators, focalisers and protagonists: a gulden coin, and a horse hide that is then made into a shoe respectively. The small size of these things and their interaction with humans here works not to make them accessible for human handling, but allows them to provide a macro- and a micro-perspective (...) on human society as an alternative to the normal anthropocentric view of sensory perceptions. (shrink)

The miracle play ‘Erscheinung am Lichtmesstage’ of the late medieval ‘Passional’ offers a literary interpretation of the ‘Candlemas’ and its procession with lighted candles. After a woman has been enraptured into transcendent space, she partakes in a light procession together with the Virgin Mary and various other figures. Each of the participants carries a candle, whose light, as the text says, is sacrificed at the end of the procession. One candle, however, becomes subject of a dispute between the woman and (...) a messenger from the Virgin Mary, causing the candle to split in two. The text repeatedly addresses the actual touching of the candle, suggesting that this wax artefact plays an essential role in bridging the immanent and transcendent. This article explores the candle as a ‘Semiophore’, revealing the broad semantic spectrum of the candle and its light. Through the acts of giving, holding, depositing, seizing, pulling, braking, and touching as well as possessing and keeping the candle become the locus of multiple meanings. Ultimately, it functions as a bridge between the ordinary and the divine. (shrink)

Through the medium of a brass candlestick made in a sixteenth-century German foundry, I discuss the Christian European household’s sensory engagement and spatial control of the Muslim body. I argue that the Europeans’ sensory experience of the turbaned candlestick reflects and reinforces their conceptualization of Islamic culture, which is a blend of fear and fascination. The turbaned candlestick allows us to explore issues rarely discussed in the study of metalwork and the European imagery of ‘the East’. The shape and scale (...) of the candlestick suggest that it could have been treated both as a statuette and as a piece of furniture. The inanimate candlestick would have felt livelier when the user touched its body and felt heat, flame, light and smoke from the candlestick. My analysis of the candlestick suggests that it might have been experienced through a comprehensive play of senses. (shrink)

Small, mass-produced pipe-clay figurines were popular devotionalia in the late medieval Low Countries. In this paper, focusing on representations of the Christ Child, I study the sensory and playful ways in which such objects were used as ‘props of perception’ in spiritual games of make-believe or role-play. Not only does this particular iconography invite tactile and playful behaviour, the figurines fit within a larger context of image practices involving visions and make-believe. Through such practices images were animated and imbued with (...) a divine power. Contemporary written sources suggest that, especially for women, ownership of and sensory engagement with small-scale figures provided them with agency. (shrink)

Medieval bags or pouches have survived mainly in church treasuries, preserved in reliquaries and altars. Usually made of silk, they vary considerably in form, colour, motif and size. Although most surviving pouches have been interpreted as containers for relics that were safely stored away in church treasuries, the form of a sewn bag was not mandatory for wrapping a relic to be placed inside a reliquary or an altar. Nor were all bags intended for ecclesiastical use, as is evident from (...) the number of alms bags preserved in church treasuries. Through an analysis of textual sources and surviving items this article explores alternative uses of these highly tactile textiles that served as containers for valued personal belongings, either as an amulet while traveling, as a container of an individual’s relic donation to a church or even by means of theft. Worn close to the body, around the waist on a belt, around the neck and above or underneath garments, the softness and lightness of bags offered high comfort. Ornaments such as fringes, tassels or ribbons with beads invited wearers to touch it and play with it, thus deepening their engagement with the bag and its content. (shrink)

Small pendant discs known as Scandinavian gold bracteates are visually impressive indicators of status and identity during the early medieval Migration Period (c. 450–550 CE). Much of the emphasis in bracteate studies has been on typological classification and iconographic interpretation of the pictures, along with decipherment of the inscriptions, yet the sensory impression made by bracteates has been neglected. For decades, archaeologists considered it futile to speculate on the experiential; however, recent research has begun to contend with the materiality of (...) senses and emotions in the past. In this paper, I focus on the both sensory effect of experiencing the pendants and the emotional impact of the objects on those who wore and handled them. Since bracteates are often discovered in women’s graves and show evidence of wear on their suspension loops, it is assumed that these objects were actually used in life. A spotlight on agency turns the study of bracteates from an emphasis on typology, iconography, and runology to trace instead the agency and multisensory effects of these objects on people and the effects of people’s actions on these items. This allows an examination of how bracteates were entangled with the senses and emotions of those who made, wore, and gazed upon these small but important objects. I consider what it may have felt like to make, receive, wear, lose, or bequeath a bracteate – or to deposit it into a bog or a grave. (shrink)

Since the Middle Ages, hospitable courts played a central role in the complex judicial landscape of the pre-modern age for the conflict resolution of parties of different regional origins, because civil disputes could be dealt with more quickly if at least one plaintiff or defendant was a (legal) stranger. With the obvious relationship between (social) belonging and law established by these courts, questions of asymmetries in law come to the fore, which under the common keywords of inequality, integration and exclusion (...) are a leading interest of research in the history of law, culture and crime, but which have so far hardly been dealt with in research within the framework of civil court practice. The Duisburg Hospitable Court shows that the historical civil proceedings concerning non-repaid loans, undelivered goods or disputed estates were no less important for social stability and order in the pre-modern period than criminal proceedings, even though social integration and exclusion were not the core issues of a civil lawsuit. Since the Middle Ages, hospitable courts concerned themselves with communication and trade practices and at the same time constituted an institution that offered legal security for both foreigners and locals. This was still true in the early modern period, which generally stands for a time that became increasingly hardened towards strangers and people on the move. (shrink)

Research on Old Irish law was from the very beginning related to specific epistemological and political contexts in which Celtic and Indo-European Studies emerged as scientific disciplines at the end of the 19th century. The premise of historical linguistics that the Indo-European languages derived from a common ‘origin’ had far reaching implications for studies on medieval Celtic law tracts. Since linguists had discovered significant parallels between Old Irish and Sanskrit, the legal traditions of Ireland and India were believed to preserve (...) archaic Indo-European continuities as well. Against this background, and in a particular political context, Irish scholars of the 20th century argued for the autonomy and isolation of Old Irish law which was supposed to be unaffected by the Latin and Christian literature of continental Europe. However, later researches departed radically from this national perspective and emphasized the impact of Canon law, hagiography and the Bible on Irish written culture. This article takes up a different perspective by focusing on the persistence of a legal imagery that was by no means essentially Indo-European but still provided conceptual tools for the interpretation and ‘translation’ of texts, as they occur in vernacular adaptations of Latin literature. (shrink)

The power of fathers over their children – especially over their daughters – is a central theme of Boccaccio’s ‘Decameron’. Novella V,7 situates the ‘patria potestas’ in a tension-filled position between honour and law, vigilante justice and public prosecution. The legitimation of cruelty and violence by invoking the ‘patria potestas’ is questioned through the confrontation with poetic justice.

In the present chapter, the design of select margins of late medieval Old Norse manuscripts containing the Icelandic ‘Jónsbók’, ‘Kristinréttr Árna biskups’ and Norwegian ‘Landslǫg’ law codes is addressed. In particular, it discusses the size and fillings of margins in these codices and the relation to their modes of use by original clients and later owners. Although it is well-known that Scandinavian law manuscripts contain a large number of notes written by both original and later users, the particular use of (...) marginal spaces by original scribes and illuminators for glosses and other annotations and illuminations has scarcely been investigated to date. In my contribution, two distinctive features will be addressed: (1.) The different use of margins by Norwegian and Icelandic readers of the manuscripts, and (2.) the use of margins by illuminators surrounding the column(s) and incorporated initials. (shrink)

Three Kentish laws (Æthelberht 9, Hloþære and Eadric 8 and 9) written in the 7th century mention the places where the men drink (þær mæn drincen).It has already been observed that drinking is not only a feature of a male warrior society, but represents a quasi-juridical institution which enjoys special protection (Renato Gendre 1992). However, the offences committed during these gatherings and the high fines duly paid can only partly be attributed to a general violation of the king’s and house (...) protection.Behind these laws there is an echo of more specific rituals. The legal character in drinking together, as it emerges in the symbolic offences described and fined in Hloþære and Eadric 8 and 9, has never been explored in the light of the recent works on ritual. The meaning of drinking (and toasting) as a binding moment inside some legal proceedings as well as its specific relation to consent are subject of the following investigation. As the most recent works on ritual show, the binding aspect and the creation of consent are among the major features of ritual. Only inside this discourse can thus be explained the meaning in the act of taking a cup from another where men are drinking (with no fault of the man from whom the cup was taken) and of drawing a weapon without doing any harm. These are two actions in which a boasting character is only an aspect, a superficial feature of a warrior society. The deep legal symbolism of both acts deserves further exploration, in which they prevent the participation of the concerned in a legal ceremony and disturb the building of the consensus. (shrink)

Merchants in late medieval Antwerp worked with a number of different representatives: They appointed proxies to trade on their behalf, to collect debts in their name or to represent them in court. If a merchant wanted to authorize another person to act on his behalf, he went to a notary who issued a letter of procuration. The article discusses the role of Roman law in these procurations. It contrasts the procurations issued by the notaries with other models for procurations found (...) in a form book for notaries in Antwerp. The analysis comes to the conclusion that the basic idea of installing a proxy did not rely on Roman law. However, knowledge of Roman law was crucial if someone wanted to be represented in a Roman law court. Furthermore, concepts derived from Roman law were applied when complicated problems or phenomena had to be shortened to a few words. In sum, the practice of including phrases and concepts of Roman law wherever they proved useful can be regarded as a part of the lex mercatoria, the customary law of merchants. (shrink)

The society depicted in the Icelandic family sagas has often been characterised as the archetype of a ‘feuding society’. The disputing strategies found in the sagas have therefore served as an argument that the prescriptions of the laws which curb revenge were irrelevant in socio-legal practice. This dominance of the feud as the actual ‘law’ crystallising in saga disputes is questioned through a close analysis of gender roles. While ‘classical’ sagas frequently apply the motif of the female whetter who forces (...) a male character to take action or lose his manly honour, thus stabilising the feuding mechanism, the contemporary sagas and non-canonical family sagas display a wide variety of male-female interaction in the negotiation of social resources and legal obligations. The systematic look at non-canonical passages reveals a discourse of counsel, in which gender roles are fluid and interchangeable. This fluidity reveals an implicit theory of ‘law’ in the sense of doing conflict which stresses the stabilising forces supporting written law opposed to the motif of the whetter, which comes to form a central element of the imagination of the Icelandic heroic age. (shrink)

The chapter argues for a more nuanced and empirically based understanding of the discourse on law and socio-cultural norms in Old Icelandic literature on the grounds of a narratological reading of ‘Færeyinga saga’ as a case study. It has often been claimed that Icelandic sources express an ideal of freedom based on communality as guaranteed by the law. By contrast, ‘Færeyinga saga’ represents a cynical discourse on power politics that renders law as an invariable concept obsolete and works solely on (...) the principle that ‘might is right’. This cynicism, however, is presented in a form that leaves the narrative open to interpretation, showing that regardless of its possible dating, narrative literature can serve as a starting point for social discussion. Consequently, the discourse on law in medieval Iceland must be perceived as more polyphonic than has been allowed for by previous unifying readings in scholarship. (shrink)

This article examines the practice of law as a social practice. Especially at a time when there were only a few professional courts, the interaction at court also has a social component. Courts come together and are formed by actors for whom the judicial service was only one of many (often vassal) tasks. This means: at the moment of the court, at the moment of the trial, a group is formed for a certain purpose. It will be observed how these (...) groups form, how they are composed, and how the decisions of the actors for a particular jurisdiction influence these processes. A case in point will be the so-called Justices in Eyre and their session in Huntingdon in 1286, representing a royal court journeying into the localities to challenge local courts and to provide royal justice for the population. (shrink)

Libel played an important and extraordinary role in early modern conflict culture. The article discusses their functions and the way they were assessed in court. The case study illustrates argumentative spaces and different levels of normative references in libel trials in 16th century electoral Saxony. In 1569, Andreas Langener – in consequence of a long stagnating private conflict – posted several libels against the nobleman Tham Pflugk in different public places in the city of Dresden. Consequently, he was arrested and (...) charged with ‘libelling’. Depending on the reference to conflicting social and legal norms, he had therefore been either threatened with corporal punishment including his execution, or rewarded with laudations. In this case, the act of libelling could be seen as slander, but also as a service to the community, which Langener had informed about potentially harmful transgression of norms. While the common good was the highest maxim, different and sometimes conflicting legally protected interests had to be discussed. The situational decision depended on whether the articulated charges where true and relevant for the public, on the invective language, and especially on the quality and size of the public sphere reached by the libel. (shrink)

This article examines three episodes from the Life of Gregory of Agrigento, drafted in Greek in the 9th century, in which juridical material and procedure inform the hagiographical narrative, and vice versa. It argues that both spheres depend on, and contribute to, a common ‘nomos’, an idea of the righteous, lawful and cooperative coexistence of imperial and papal power in the church of Sicily. While this coexistence is anachronistic in the hagiographer’s own times, he constructs it through the narrativization of (...) law and the juridification of narrative. (shrink)