The Legal Framework and Development of Exclusion and Outlawry in Wessex and England between the Ninth and the early Eleventh Centuries

Abstract

This thesis examines the legal process and development of the punishment of social exclusion in tenth and early eleventh century England in comparison to lawsuit cases of fugitives and outlaws. The question posed by this thesis is: What constituted and outlaw and how did the influences of subsequent kings inform and develop this status, arguing that early Medieval England had its own tradition of social exclusion separate from outlawry and as the tenth century progressed the legal definitions structures became more codified. This study examines the lawcodes and compares these to lawsuit examples of fugitives and outlaws and compares the narratives to the codification and stipulation established by in the lawcodes.

The approach taken to the lawcodes is a methodical one, whereby the notable clauses that speak to social exclusion are isolated and broken down into diagrams as a mode for elucidating the links and processes toward social exclusion. Chapter one introduces the methodology of using flowcharts to break down and map out the important clauses of the lawcodes, in order to establish what it meant in legal terms to be excluded, the lawcodes in focus are those of Alfred the Great, Edward the Elder, Æthelstan, Edgar and Æthelred II. This chapter maps out the progression towards a formalised punishment outlawry across the tenth century. Chapter two examines lawsuit examples in the corpus of Old English charters prior to Hundred Ordinance in the mid-tenth century. The primary figures being examined in this chapter are the fugitive Helmstan and Ealdorman Wulfhere of Dorset. Chapter three examines cases beyond Hundred Ordinance where the term Utlah (Outlaw) was first introduced into law. The primary cases being examined here are the Kentish thegn Wulfbald and Ealdorman Leofsige of Essex. Chapter four focuses on exclusion after death and examines the fate of fugitives should they die, whilst excluded from their communities. This chapter examines the laws around unconsecrated burial and where fugitives interacted with these laws. The conclusion stresses that the implementation of social exclusion through the lawcodes became more prominent as the tenth century progressed and that the statuses of the fugitive and outlaw existed in tandem and the narratives established in the lawsuits adapted and adhered neatly to the laws.

Date of Award	14 Feb 2025
Original language	English
Awarding Institution	University of Winchester
Supervisor	Ryan Lavelle (Supervisor), Katherine Weikert (Supervisor) & Carey Fleiner (Supervisor)