Professional Documents
Culture Documents
(Download PDF) Medieval Mobilities Gendered Bodies Spaces and Movements Basil Arnould Price Full Chapter PDF
(Download PDF) Medieval Mobilities Gendered Bodies Spaces and Movements Basil Arnould Price Full Chapter PDF
(Download PDF) Medieval Mobilities Gendered Bodies Spaces and Movements Basil Arnould Price Full Chapter PDF
https://ebookmass.com/product/subtle-bodies-psycop-
book-13-jordan-castillo-price/
https://ebookmass.com/product/universities-as-transformative-
social-spaces-mobilities-and-mobilizations-from-south-asian-
perspectives-andrea-kolbel/
https://ebookmass.com/product/spaces-on-the-spectrum-how-autism-
movements-resist-experts-and-create-knowledge-tan/
https://ebookmass.com/product/animals-and-sacred-bodies-in-early-
medieval-ireland-religion-and-urbanism-at-clonmacnoise-john-
soderberg/
Letters of Basil Bunting Alex Niven
https://ebookmass.com/product/letters-of-basil-bunting-alex-
niven/
https://ebookmass.com/product/gendered-citizenship-understanding-
gendered-violence-in-democratic-india-natasha-behl/
https://ebookmass.com/product/revolutions-and-revolutionary-
movements-ebook-pdf-version/
https://ebookmass.com/product/new-religious-movements-and-
comparative-religion-hammer/
https://ebookmass.com/product/roman-error-classical-reception-
and-the-problem-of-romes-flaws-basil-dufallo/
THE NEW MIDDLE AGES
Medieval
Mobilities
Gendered Bodies, Spaces,
and Movements
Edited by
Basil Arnould Price
Jane Bonsall
Meagan Khoury
The New Middle Ages
Series Editor
Bonnie Wheeler
English and Medieval Studies
Southern Methodist University
Dallas, TX, USA
The New Middle Ages is a series dedicated to pluridisciplinary studies of
medieval cultures, with particular emphasis on recuperating women’s
history and on feminist and gender analyses. This peer-reviewed series
includes both scholarly monographs and essay collections.
Basil Arnould Price
Jane Bonsall • Meagan Khoury
Editors
Medieval Mobilities
Gendered Bodies, Spaces, and Movements
Editors
Basil Arnould Price Jane Bonsall
University of York University of Birmingham
York, UK Birmingham, UK
Meagan Khoury
Stanford University
Stanford, CA, USA
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer
Nature Switzerland AG 2023
This work is subject to copyright. All rights are solely and exclusively licensed by the
Publisher, whether the whole or part of the material is concerned, specifically the rights of
translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on
microfilms or in any other physical way, and transmission or information storage and retrieval,
electronic adaptation, computer software, or by similar or dissimilar methodology now
known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this
publication does not imply, even in the absence of a specific statement, that such names are
exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors, and the editors are safe to assume that the advice and information
in this book are believed to be true and accurate at the date of publication. Neither the
publisher nor the authors or the editors give a warranty, expressed or implied, with respect to
the material contained herein or for any errors or omissions that may have been made. The
publisher remains neutral with regard to jurisdictional claims in published maps and
institutional affiliations.
This Palgrave Macmillan imprint is published by the registered company Springer Nature
Switzerland AG.
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Acknowledgements
The editors would like to thank the Society for Medieval Feminist
Scholarship and the organisers of the 2020 Gender and Medieval Studies
conference for sparking the conversation that inspired this volume and for
providing intersectional, feminist, and queer comradery during the longue
durée of 2020. We are grateful for the collaboration and commitment of
our contributors and introduction writers, whose work inspires us to build
better scholarly communities, now and into the future. We salute not only
our contributors, but also our publishers at Palgrave for their willingness
to experiment with the format of this volume and push the boundaries as
to what an edited volume can do. We would also like to extend our grati-
tude to the inimitable Rachel Moss, who wrote our Afterword, and
reminds us of the responsibility of medieval feminist scholarship within
and beyond the academy.
We would also like to thank our scholarly forebears. Thank you for
‘staying with the trouble’.
v
Contents
Introduction 1
Basil Arnould Price, Jane Bonsall, and Meagan Khoury
Part I Bodies 19
Introducing Bodies 21
Roberta Magnani
Where Do We Go from Here: Transitivity and Journey
Narratives in Eleanor Rykener 27
Meagan Khoury
Reorienting Disorientation: Hildegard von Bingen’s Depiction
of the Female Body as Erotic, Fertile, and Holy 49
Lauren Cole and Hannah Victoria
Seeing Mobility in Static Images: Tools for Non-Binary
Identification in Late Medieval Sources 77
Sophie Sexon
vii
viii Contents
Part II Spaces 109
Troubling Spaces: Taking up Space and Being Taken by
Generative Scholarship111
Nahir I. Otaño Gracia
“Here I Am, In This Far-Off Land Where We Are Now”:
Encountering and Observing Rūs Women in Ibn Faḍlān’s
Risala115
Tonicha M. Upham
Disorienting Masculinity: Movement, Emotion and Chivalric
Identity in Partonope of Blois139
Jane Bonsall
Part III Transcendence 165
Inspiring Anchoritic Mobility: Orientation, Transgression
and Agency in the Katherine Group’s Seinte Margarete171
Eve Johnson
Trans Animacies and Premodern Alchemies199
Micah James Goodrich
Greenland as a Horizon: Approaching Queer Utopianism in
Flóamanna Saga225
Basil Arnould Price
Afterword; Afterwards249
Rachel E. Moss
Index253
List of Contributors
ix
List of Figures
xi
xii List of Figures
xiii
Introduction
Manifesting in the woods, covered in hair, the woman on this book’s cover
emerges from the shadows. She stands against a flat of darkness, broken up
by the undulations of iridescent oak leaves. A chicken pecks contentedly at
her hirsute legs. The woodwose falconer is oblivious to her spotted hunt-
ing dogs and they are indifferent to her, as their noses are resolutely
pointed toward the ground. Our wild woman’s gaze is fixed instead on her
prize falcon, perched on her hand. Unlike the domesticated beasts that
surround her, the falcon is her confederate in wildness. They share a natu-
ral covenant, communicating through shared gazes. But despite their reci-
procity, they are nevertheless distinguished by their kinetic capacities.
Where she cannot venture, her falcon can. But the freedom of the forest
B. A. Price (*)
University of York, York, UK
e-mail: basil.price@york.ac.uk
J. Bonsall
University of Birmingham, Birmingham, UK
e-mail: j.bonsall@bham.ac.uk
M. Khoury
Stanford University, Stanford, CA, USA
e-mail: meagank@stanford.edu
floor is caught in the flexing of her elegantly articulated feet; her contrap-
posto moment mid-stride underscores her intention for motion.
Her attachment to the falcon—like her nudity and her environment—
signals her ‘wildness’. Wildness, for the queer theorist Jack Halberstam, is
a way of being and loving that pushes against categorical assumptions
while imagining possible alternatives. As Halberstam puts it, “[wildness]
does not promise freedom […] rather it offers a rubric for passions, affects,
movements, and ways of thinking that exceed conventional oppositions
between animal, vegetable, and mineral.”1 This expression is borne out in
the gaze our wild woman directs to her falcon: a form of loving that char-
acterizes the queer upending of conventionality and the expected. Her
attachment to the falcon, rather than the domesticated dogs, hints at a
love that pushes against the condoned bond between hound and hunter.
Examining the falconry practiced by T.H. White, author of the Arthurian
novel The Once and Future King, Halberstam contends that falconry is
about an ‘opening to wildness’ that allows for “the expression of a series
of unclassifiable and unspeakable desires”, such as an “elaborate fantasy of
becoming feral”.2 “In the terrain of the ferox”, he writes, “bodies flee,
escape, hide, and seek”, and these movements are accompanied by queer
articulations of desire, feelings, and attachments that push against and
transcend ready classification.3 Wildness is inscribed kinetically. Or, in
other words, through a desire for mobility.
Attending to the intersections of ‘wildness’ and mobility reveals, how-
ever, that our wild woman is not exactly what she seems. Despite the cur-
rency of creatures and monsters in late medieval literature and cultural
production (such as in this fifteenth-century tapestry from Basel), this par-
ticular falconer rejects an easy reading. With her body concealed only by
her flowing hair, she evokes the eremitic Magdalen. Her blonde hair, how-
ever, is under control, coiffed in a popular contemporaneous style and
topped with a woven floral headpiece. Even as her hirsute body threatens
to break its bounds, her body hair curling into the millefleurs, she is nev-
ertheless constrained by the trappings of aristocracy. Although her falcon
promises mobility, it too is caught between freedom and captivity,
movement, and stasis. Even if this bird could fly away, it is weighed down
1
Jack Halberstam, Wild Things: The Disorder of Desire (Durham: Duke University Press,
2020), 31.
2
Halberstam, Wild Things, 93.
3
Ibid., 111.
INTRODUCTION 3
by the bells affixed to its legs with leather bewits. Both woman and bird
are somewhere between tame and disorderly. Neither can quite engage in
the ‘wild rumpus’ proscribed by Maurice Sendak in Where the Wild Things
Are, yet at the same time, both push against the boundaries of the frame.
The woodwose and her falcon embody some of the primary concerns
of this volume. Their depiction, as wild but also not, resists our attempts
to read their bodies and situate them within a known space. Rather than
approach these figures as statically positioned within the floral ground of
this tapestry, they are perhaps best understood in the fleeting instant when
the banderole held by the woodwose catches a sudden ascendant breeze.
Floating in an arch, the banner constructs, for a moment, a space for a
woman and her falcon. Our book, like this banner, exists within the florid
field of medieval studies, but also disrupts it. Medieval Mobilities: Gendered
Bodies, Spaces, and Movements in the Middle Ages examines movement into
states and spaces that, even for a moment, potentiate ways of being that
refuse static interpretations.
Questions Posed
This edited volume explores the intersection of gender and mobility in
medieval culture. The Middle Ages was a period of myriad forms of ‘mobil-
ity’, and these movements had both minute and monumental impacts on
medieval culture, with tangible economic, social, political, and personal
implications. Specific sorts of mobilities (and specific mobile bodies) have,
unsurprisingly, long been a focus of study in the field. Historically, the
prevailing discussions of mobility in the Middle Ages are examinations of
moments of geographic travel: whether the paths taken by pilgrims,4 or the
4
Some foundational work on pilgrimage includes Donald R. Howard, Writers and
Pilgrims: Medieval Pilgrimage Narratives and Their Posterity (Berkeley: University of
California Press, 1980), and J. G. Davies’s “Pilgrimage and Crusade Literature,” in Journeys
Toward God: Pilgrimage and Crusade, ed. Barbara N. Sargent-Bauer (Kalamazoo, Mich.:
Western Michigan University, 1992). Recent reexaminations of the movements and spaces of
pilgrimage include Suzanne M. Yeager’s “Medieval Pilgrimage as Heterotopia: The Pilgrim
as Maritime Adventurer and Aspiring Crusader in Saewulf’s Relatio de situ Jerusalem”
Journal of Medieval and Early Modern Studies 50, no. 2 (May 2020): 233–268.
4 B. A. PRICE ET AL.
5
For example, see: Karma Lochrie, “Provincializing Medieval Europe: Mandeville’s
Cosmopolitan Utopia,” PMLA 124, no. 2 (2009): 592–99; Suzanne Conklin Akbari, “The
Diversity of Man in the Book of John Mandeville,” in Eastward Bound, Travel and Travellers
from 1050–1550 , ed. Rosamund Allen (Manchester: Manchester University Press, 2004 ),
156–176.
6
For example, see: Peter Jackson, “William of Rubruck in the Mongol Empire: Perception
and Prejudices,” in Medieval Ethnographies, eds. James Muldoon, Felipe Fernández-Armest,
and Joan-Pau Rubiés (London: Routledge, 2009), 273–290; Tillmann Lohse, “Pious men
in foreign lands: Global-historical perspectives on the migrations of medieval ascetics, mis-
sionaries, and pilgrims,” Viator 44, no. 2 (2013): 123–136.
7
Shayne Legassie, The Medieval Invention of Travel (Chicago: University of Chicago
Press, 2017).
8
Sharon Kinoshita, “Review: O’Doherty and Schmieder, eds., Travels and Mobilities in the
Middle Ages”, The Medieval Review 16.02.44.
9
M. O’Doherty and F. Schmedier, eds. Travels and Mobilities in the Middle Ages: From the
Atlantic to the Black Sea (Turnhout: Brepols, 2015), xiii.
INTRODUCTION 5
10
Martin Shichtman, Laurie Finke, and Kathleen Coyne Kelly, “Introduction: ‘The world
is my home when I’m mobile: Medieval Mobilities”, postmedieval 4, no. 2 (Summer
2013): 126.
11
Hsy, Jonathan. “Mobile Language-Networks and Medieval Travel Writing,” Postmedieval
4, no. 2 (Summer, 2013): 177–191. See also Pascale Bourgain, “The circulation of texts in
manuscript culture,” Johnston, M., & Van Dussen, M. (Eds.). The Medieval Manuscript
Book: Cultural Approaches (Cambridge Studies in Medieval Literature). Cambridge:
Cambridge University Press, 2015. pp. 140–159.
12
Harris, Anne F. “Virtual Mobility: Landscape and Dreamscape in a Late Medieval
Allegory.” Postmedieval 4, no. 2 (Summer, 2013): 205–218.
13
Shichtman, Finke, Kelly, “The world is my home,” p. 126.
6 B. A. PRICE ET AL.
14
As discussed in Shichtman, Finke, and Kelly: “Two border crossings mark work in trans-
cultural mobilities. The first entails a shift in focus within medieval studies from the unique-
ness or distinctiveness of the national cultures that have defined medieval studies toward
scholarship that elucidates the mobility of cultures and the exchanges among them. Such
analyses have the potential to decenter Europe as the locus and progenitor of medieval (and
modern) cultures. Second, transcultural mobilities require traffic between disciplines, fields
and areas of expertise in the academy.” “The world is my home,” p. 128.
15
For a recent exemplar, see: Anthony Bale, Margery Kempe: A Mixed Life (Chicago,
University of Chicago Press, 2021).
INTRODUCTION 7
16
Dorothy Kim and M. W. Bychowski, “Visions of Medieval Trans Feminism: An
Introduction,” Medieval Feminist Forum 55, no. 1 (2019): 9.
17
Alicia Spencer-Hall and Blake Gutt, eds. Trans and Genderqueer Subjects in Medieval
Hagiography (Amsterdam: Amsterdam University Press, 2021).
18
Spencer-Hall and Gutt, Trans and Genderqueer Subjects, 13.
19
Although there is a wealth of new scholarship on queer and trans approaches to the
middle ages, this volume is also in dialogue and indebted to Leah DeVun’s book The Shape
of Sex: Nonbinary Gender from Genesis to the Renaissance (20121) which takes a wider tem-
poral, geographic, and thematic approach in its understanding of gender fluidity in the pre-
modern era. Leah DeVun, The Shape of Sex: Nonbinary Gender from Genesis to the Renaissance
(New York: Columbia University Press, 2021).
8 B. A. PRICE ET AL.
20
Victoria Blud, Diane Heath, and Einat Klafter, eds., Gender in Medieval Places, Spaces
and Thresholds (London: University of London Press, 2019); Katherine Weikert, Authority,
Gender and Space in the Anglo-Norman World, 900–1200 (Suffolk: Boydell & Brewer,
2029, 8.
21
Victoria Blud, et. al., eds., Gender in Medieval Places, Spaces and Thresholds.
22
Halberstam, Wild Things, 31.
INTRODUCTION 9
and with it, the universities and institutions that many medievalists
call home.
The pandemic has fundamentally constrained the movements of the
discipline, and the ways in which we, as medievalists, can do medieval
studies. The virus prevented movements across international borders,
either by necessitating national lockdowns or through the exorbitant costs
of testing and quarantine that awaited would-be-travelers on the other
side of the border. Such measures necessarily disrupted travel to archives,
museums, special collections, and archaeological sites, limiting scholars to
work with whatever materials are digitized. In the early days of the pan-
demic, many academic conferences were indefinitely postponed or can-
celed; since then, many have migrated to digital or hybrid platforms, with
limited opportunities for network-building, collaborative conversation, or
the development of personal and professional connections. The lack of
access to archives and the loss of an international scholarly community
have demanded an adaptive scholarly practice, and its effects have been felt
keenly by students and precariously employed academics. This of course
includes the contributors to this volume, all of whom have been directly
impacted by the pandemic, in their research practice, their health (physical
and/or mental), or both.
The effects of the pandemic serve only to further exacerbate the limited
opportunities facing early career medievalists, including the contributors
to this volume. In 2018, Jonathan Kramnick, writing for The Chronicle of
Higher Education, observed a precipitous drop in the number of faculty
jobs in English departments across the United States.23 At the onset of the
2008 economic crisis, the Modern Language Association (MLA) adver-
tised 1826 English positions. The number of positions declined by 55
percent over the course of the decade, with MLA only posting 828 posi-
tions in 2017/2018. Revisiting these statistics in 2020, Kramnick laments
in another editorial for The Chronicle that “now we find out what happens
when a [job] crisis becomes a catastrophe. For all practical purposes, there
may be no jobs at all this year, or next, or the year after.”24 Although these
statistics concern only English and its subfields, the pattern persists across
23
Jonathan Kramnick, “What We Hire in Now: English by the Grim Numbers,” The
Chronicle of Higher Education, December 9, 2019, https://www.chronicle.com/article/
what-we-hire-in-now-english-by-the-grim-numbers/.
24
Jonathan Kramnick, “The Humanities After Covid-19,” The Chronicle of Higher Education,
July 23, 2020, https://www.chronicle.com/article/the-humanities-after-covid-19.
10 B. A. PRICE ET AL.
Contributions
Medieval Mobilities stresses that questions of gender and mobility are
themselves mobile, intersectional, and interdisciplinary by challenging
assumptions of rigidity and immobility in the field itself. The eight essays
included in Medieval Mobilities work together to think through how gen-
der and mobility are reciprocal and interlocking. These essays span the
early to late medieval period and encompass both the centers and
25
As a consequence of the pandemic, enrollment in higher education has declined. In the
United States, the National Student Clearinghouse Research Center revealed that, as of Fall
2021, higher education enrollment fell 2.7 percent, following a 2.5 percent drop in Fall
2020. All told, there has been a 5.1 percent decline in enrollment in the two years since Fall
2019—representing a loss of 938,000 students. Given that universities rely upon student
revenue, particularly from out of state and international students, to maintain their infra-
structure, these falling numbers suggest that the most optimistic outcome of the decline in
enrollment is the continuance of the job crisis.
26
Merle Eisenberg, “Executive Summaries of Medieval Studies Academic-Positions Job
Market Data from: Cycles 2015-2016/2020-2021,” The Medieval Academy Blog (blog)
(The Medieval Academy of America, October 6, 2021), http://www.themedievalacademy-
blog.org/medieval-job-data-summary/.
INTRODUCTION 11
Part I: Bodies
This first section addresses embodied experiences of movement and how
contemporaneous and retrospective discourses set medieval bodies in
motion. Roberta Magnani offers an introduction that gestures toward the
tensions implicit in body awareness and gender expression in the Middle
Ages. Drawing from her conversations with Meagan Khoury, Sophie
Sexon, Lauren Cole, and Hannah Victoria, her introduction reminds us
that neither medieval nor modern bodies exist at the extremes of a binary,
but rather, that these bodies move in an energetic continuum betwixt,
between, and beyond. The following essays offer an interdisciplinary
exploration into the possibilities that arise from examining gendered and
kinetic embodiment.
Meagan Khoury begins our volume with a review of scholarship on
Eleanor Rykener, a trans sex worker in fourteenth-century London.
Responding to the regressive, revisionary, and rehabilitatory ways in which
Rykener is perceived, Khoury proposes an innovative reading: that
Rykener’s journey narrative is thematically similar to modern trans texts,
which are often metaphorized as geographical transitions, pilgrimages of
and to the self. Her historiography focuses on the ways in which academics
have gendered Rykener over the past twenty-five years and offers a broader
comment on the ways in which trans bodies have been read (or not read)
by medievalists. Khoury therefore provides an introduction to how medi-
eval studies genders bodies and movement, while also pointing us to
where we must—and need—go from here.
INTRODUCTION 13
The focus on mobile readings of gendered bodies are read and repre-
sented continues in the second essay, in which Lauren Cole and Hannah
Victoria track the evolution of how the twelfth-century nun Hildegard of
Bingen wrote about women. Cole and Victoria contextualize Hildegard’s
lexical choices regarding Mary and Eve as models of holy femininity across
several major texts with an understanding of her personal experiences of
movement and emotion. Physical movement (Hildegard’s move to the
religious community at Rupertsberg in 1150, which was under her direc-
tion) and the loss of her beloved companion Richardis in 1152 are both
cited as having a profound effect on how Hildegard reads the female body.
Cole and Victoria argue that this period demonstrates a reorientation in
Hildegard’s thinking about embodied femininity and demonstrate her
move from more traditional and negative depictions of women to a posi-
tive—even desiring—attention to the female body in later texts, such as
her Symphoniae and Causae et curae.
The readability of gendered bodies, in particular the inherently mobile
trans or gender-fluid body, is further explored by Sophie Sexon in their
essay on iconographic depictions of Christ’s wounds. Focusing on Bonne
of Luxembourg’s Book of Hours (c.1349), Sexon advocates for mobility
as a way to see the nonbinary possibilities of Christ’s body and recuperates
this body as a site of trans possibility both in the late medieval and modern
period. Sexon argues that when the wound of Christ opens up on the
manuscript page, it also opens up a new configuration of gender and
being, which, in the parlance of RuPaul’s Drag Race, ‘serves cunt’ to all
nonbinary bodies that need such an icon. Through this way of seeing,
Sexon offers the wounds of Christ as static representations of a mobile
transgender body that fluidly moves not only beyond gender binaries but
also across time and space.
27
Jack Halberstam, Trans: A Quick and Quirky Account of Gender Variability (Berkeley:
University of California Press, 2018).
16 B. A. PRICE ET AL.
Conclusion
Medieval Mobilities raises questions about the mobility of the medieval
archive: which ideas can cross the temporal boundary between the medi-
eval and the twenty-first century? What is at stake when we talk about
INTRODUCTION 17
medieval mobility and gender expressions, and what are its blind spots?
How can we learn to write in a way that confronts our anxieties about the
discipline, avoids anachronism, and still makes the work accessible to a
wide readership? Answering these questions requires the new and emer-
gent voices Medieval Mobilities amplifies, supported, and grounded by the
scholarship of those who got us here.
Works Cited
Ahmed, Sara. Queer Phenomenology : Orientations, Objects, Others. Durham: Duke
University Press, 2006.
Akbari, Suzanne Conklin. “The Diversity of Man in the Book of John Mandeville.”
In Eastward Bound, Travel and Travellers from 1050–1550, edited by Rosamund
Allen, 156–176. Manchester: Manchester University Press, 2004.
Bale, Anthony. Margery Kempe: A Mixed Life. Chicago: University of Chicago
Press, 2021.
Blud, Victoria, Diane Heath, and Einat Klafter, eds. Gender in Medieval Places,
Spaces and Thresholds. London: University of London Press, 2019.
Bourgain, Pascale. “The circulation of texts in manuscript culture.” In The
Medieval Manuscript Book: Cultural Approaches, edited by M. Johnston and
M. Van Dussen, 140–159. Cambridge: Cambridge University Press, 2015.
Davies, J.G. “Pilgrimage and Crusade Literature.” In Journeys Toward God:
Pilgrimage and Crusade, edited by Barbara N. Sargent-Bauer. Kalamazoo,
Michigan: Western Michigan University, 1992.
DeVun, Leah. The Shape of Sex: Nonbinary Gender from Genesis to the Renaissance.
New York: Columbia University Press, 2021.
Eisenberg, Merle. “Executive Summaries of Medieval Studies Academic-Positions
Job Market Data from: Cycles 2015-2016/2020-2021.” The Medieval
Academy Blog (blog) (The Medieval Academy of America, October 6, 2021)
http://www.themedievalacademyblog.org/medieval-job-data-summary/.
Halberstam, Jack. In a Queer Time and Place : Transgender Bodies, Subcultural
Lives. New York : New York University Press, 2005.
Halberstam, Jack. Wild Things: The Disorder of Desire. Durham: Duke University
Press, 2020.
Halberstam, Jack. Trans: A Quick and Quirky Account of Gender Variability.
Berkeley: University of California Press, 2018.
Harris, Anne F. “Virtual Mobility: Landscape and Dreamscape in a Late Medieval
Allegory.” Postmedieval 4, vol. 2 (Summer 2013): 205–218.
Howard, Ronald R. Writers and Pilgrims: Medieval Pilgrimage Narratives and
Their Posterity. Berkeley: University of California Press, 1980.
18 B. A. PRICE ET AL.
Bodies
Introducing Bodies
Roberta Magnani
R. Magnani (*)
Swansea University, Swansea, UK
e-mail: r.magnani@swansea.ac.uk
1
Sara Ahmed, Living a Feminist Life (Durham and London: Duke University Press, 2017,
pp. 222–223.
2
Blake Gutt and Alicia Spencer-Hall (eds), ‘Introduction’, in Trans and Genderqueer
Subjects in Medieval Hagiography (Amsterdam: Amsterdam University Press, 2021), 13.
3
Karen Barad, ‘Nature’s Queer Performativity’, Kvinder, Køn & Forskning 1:2 (2012),
25–53 (32).
4
Bychowski and Kim, ‘Visions of Medieval Trans Feminism: An Introduction’, 21.
INTRODUCING BODIES 23
that fleets’, that is, ‘bodies that have been made unreachable by the lines
of conventional genealogy’.5 The slant entanglements of intra-active col-
laborations in operation in this volume embrace the dis-orientation engen-
dered by extricating bodies from unhelpful and limiting binaries (female/
male; feminine/masculine).
Both methodologically and thematically, this first section fosters a queer
familia and forges communities of practice. Meagan Khoury starts with a
reflection on Eleanor Rykener’s elected family who facilitate her transi-
tioning. Lauren Cole and Hannah Victoria re-orient Hildegard of Bingen’s
post-1152 writings as a community-based enterprise which disentangles
the representation of medieval women from the misogynistic binary Eve/
Mary, predicated on women’s fundamental sinfulness, and recentres them
as agents of flourishing in both their maternal fecundity and virginal purity.
Finally, Sophie Sexon calls for an engaged scholarly community marked by
‘a personal and embodied praxis’ committed to ‘acts of affective listening
of the body’ in our now and in the medieval now. Twenty-three years after
Carolyn Dinshaw posited a ‘queer historical touch’ which binds commu-
nities across time and space, this section of the volume re-casts her intel-
lectual and ethical manifesto in powerful and creative ways.6 Through a
trans re-configuration of Dinshaw’s queer community, it is possible to
realise the full potential of such encounters, in all their troubling and gen-
erative transness. As Bychowski and Kim point out about the scholarship
marshalled in the Special Issue they edited, ‘[o]ur perspectives will not be
complete, our terminology may be out of date by the time the issue is
read, and yet we offer this perspective as an invitation for others to share
in the perceiving’.7 Acknowledging the situatedness of any critical stance
invites participation: it is the antidote to practices of gate-keeping which
privilege one academic mode (white, cis/straight, ableist, patriarchal). In
particular, Khoury’s metacritical article, which re-encounters Rykener
through the assessment of her court case, does not harness a revisionist
methodology which conceptualises and reifies the canon as a (patri)lineal
progression teleologically moving to enlightenment and truth, but as an
‘intra-action’, a re-orientation of scholarly scrutiny which eschews models
5
Sarah Ahmed, Queer Phenomenology: Orientations, Objects, Others (Durham and London:
Duke University Press, 2006), 106–107.
6
Carolyn Dinshaw, Getting Medieval: Sexualities and Communities, Pre- and Postmodern
(Durham and London: Duke University Press, 1999), 3.
7
Bychowski and Kim, ‘Introduction,’ 8.
24 R. MAGNANI
8
Greta LaFleur, Masha Raskolnikov, and Anna Kłosowska, eds, ‘Introduction: The Benefits
of Being Trans Historical’, in Trans Historical: Gender Plurality before the Modern (Ithaca
and London: Cornell University Press, 2021), pp. 1–23 (p. 11).
INTRODUCING BODIES 25
matter ‘as the locus of generation and corruption’.9 It is this mobile and
incarnate, fundamentally human, material expression of the divine that
Christians began to desire in later Middle Ages. Similarly, Cole and
Victoria argue that the feminea forma celebrated by Hildegard and her
nuns is emancipated from the dissecting and predatory male gaze which
wants to consume its parts; it is instead reclaimed by a ‘lesbian-like’ gaze
which embraces it compassionately in all its multivalent incarnations. It is
this ‘compassionate gaze’, to borrow from Sarah McNamer’s discussion of
the practices of medieval affective piety, which encapsulates the queer
touch across time and space in operation in this section of the volume.10
This trans epistemology meets the body where it is, extricated from pre-
scripted gendered and sexed narratives, and in all its human fecundity and
abjection; it allows for fissures and disjunctures, dis-orientations and slant-
wise re-directions. In these interstices it is possible to hold space for the
trans body and bask in the euphoria of its authenticity: as Bychowski and
Kim beautifully put it, ‘[w]e know you are out there. We see you and can-
not wait for what you will show us.’11
9
Caroline Walker Bynum, Christian Materiality: An Essay on Religion in Late Medieval
Europe (New York: Zone Books, 2011), 30; 32.
10
Sarah McNamer, Affective Meditation and the Invention of Medieval Compassion
(Philadelphia: University of Pennsylvania Press, 2010), 19.
11
Bychowski and Kim, ‘Introduction’, 8.
Where Do We Go from Here: Transitivity
and Journey Narratives in Eleanor Rykener
Meagan Khoury
The prostitute about whose actual practice in the trade we have the most
detail is ironically a man, John Rykener.
—Ruth Mazo Karras, Common Women: Prostitution and Sexuality in
Medieval England (Oxford: University of Oxford Press, 1996), 70
Introduction
Nineteen ninety-five was a pivotal year for queer medieval studies, but
medieval studies did not know it yet. It was the year Ruth Mazo Karras
and David Boyd discovered a curious entry in A. H. Thomas’ Calendar of
Select Plea and Memoranda of the City of London, 1381–1412.1 This tran-
scription of court records from late medieval London was mostly
1
A. H. Thomas, Calendar of Select Plea and Memoranda of the City of London 1381–1412,
vol. 3 (Cambridge: Cambridge University Press, 1924–1932).
M. Khoury (*)
Stanford University, Stanford, CA, USA
e-mail: meagank@stanford.edu
formulaic wills and debt actions, except an entry Thomas records from
1395: “Examination of two men charged with immorality, one of which
implicated several persons, male and female, in religious orders.”2 This
deceptively simple sentence gestures broadly at questions of defamation,
homosexuality, bisexuality, and clergy depravity. Karras and Boyd, intrigued
by the brief entry, sought out the original court record, and discovered
what would become a wealth of rich resources for medieval sexuality, gen-
der, and queer scholarship for the next twenty-five years.
On December 11, 1395, two men were brought before the mayor and
aldermen of the City of London: a John Britby of the county of York, and
“John” Rykener, “calling [himself] Eleanor, having been detected in
women’s clothing, who were found last Sunday night between the hours
of 8 and 9…lying by a certain stall in Soper’s Lane committing that detest-
able unmentionable and ignominious vice.”3 Britby and Rykener corrobo-
rate each other’s stories. Britby was passing “through the high road of
Cheap” when he came upon Rykener “dressed up as a woman, thinking
he was a woman, asking him as he would a woman if he could commit a
libidinous act with her.” After a financial transaction was agreed to
(although the amount is not stated in the record), the pair proceeded to
“the aforesaid stall to complete the act and were captured there during
these detestable wrongdoings by the officials and taken to prison.” At this
point in the record, Britby recedes into the background as the officials,
dazzled by Rykener’s gender transgression, proceed to question her, ask-
ing “who had taught him to exercise this vice, and for how long and in
what places with what persons, masculine or feminine.”4 Rykener describes
her initiation into femininity, aided by two women, “a certain Anna, the
whore of a former servant of Sir Thomas Blount” who taught her how to
have sex “in the manner of a woman,” and “a certain Elizabeth Bronderer,”
2
Thomas, Calendar, 228.
3
David Lorenzo Boyd and Ruth Mazo Karras. “The Interrogation of a Male Transvestite
Prostitute in Fourteenth Century London,” GLQ: A Journal of Lesbian and Gay Studies 1,
no. 4 (1995): 482.
4
I have chosen the pronouns “she/her” to refer to Eleanor Rykener in this paper. In the
testimony, Rykener insists on being called Eleanor, and while she queers her gender repeat-
edly throughout the proceedings, and amanuenstic intervention should be considered, it is
the simplest and most receptive practice to address Rykener as she wished. In line with the
most recent advances in Rykener scholarship, I join the call to reject tepid excuses of ambigu-
ity, and pay Rykener her dues as a trans woman, author of her own text, and sex worker
with agency.
WHERE DO WE GO FROM HERE: TRANSITIVITY AND JOURNEY… 29
who first dressed her in women’s clothing. Rykener then names a member
of the clergy with whom she has had sex with “as with a woman” and
describes a five-week sojourn to Oxford where she lived as a woman,
working as an embroideress. Rykener names three “unsuspecting schol-
ars” with whom she “practiced the abominable vice often.” Then it was on
to Burford in Oxfordshire, where Rykener took up employment as a tap-
ster for six weeks. During this period, she “committed the above-said
vice” with two Franciscans who gave her a gold ring, one Carmelite friar,
and six foreign men. Rykener then traveled to Beaconsfield, where she “as
a man, had sex with a certain Joan,” and “as a woman,” had sex with two
foreign Franciscans. Finally landing in London, Rykener names three
chaplains with whom she had sex “in the lanes behind St. Katherine’s
Church by the Tower of London.” Rykener fornicated “as a man” with
“many nuns,” and with many more women, single and married, “how
many [he] did not know.” The document ends abruptly with Rykener
stating she took on priests as clients more readily than any others due to
their willingness to provide better than average compensation.5
It is easy to see why Thomas recorded the case in one sentence, eliding
the homosexual overtones, and ignoring the personal voice and compli-
cated narrative of a queer protagonist. In doing so, Thomas succeeded in
the suppression of evidence of a medieval gender non-conforming person,
reflecting the conservative anxieties of nineteenth- and twentieth-century
historical scholarship. This essay offers a historiography of the extant lit-
erature on Eleanor Rykener, ranging from the document’s discovery in
1995 up through 2021. Discussion of the case evolved from a discourse
about sex and sexuality into a gender discourse into a queer discourse and
is now in conversation with trans scholarship. I will map the choice of
pronouns employed by authors to describe Rykener. By this granular
measurement alone, the radical transformation of ontological operations
within this historiography will be made evident. Furthermore, by tracking
changes in Rykener scholarship, I will reveal the changing political and
lexical landscape in the wider field of medieval studies. Finally, I will pro-
pose directions for expanding the future of Rykener scholarship.
5
All the above from Boyd and Karras, “The Interrogation,” 483.
30 M. KHOURY
6
While Eleanor Rykener appears in many texts on medieval sexuality as a brief mention,
this paper will confine itself to the most influential texts which have troubled the discipline’s
reception of medieval gender.
7
Boyd and Karras, “The Interrogation,” 481.
8
David Boyd and Ruth Mazo Karras, “Et cum muliere: A Male Transvestite Prostitute in
Fourteenth-Century London,” in Premodern Sexualities, ed. Louise Fradenburg and Carla
Feccaro (New York and London: Routledge: 1996): 109.
WHERE DO WE GO FROM HERE: TRANSITIVITY AND JOURNEY… 31
9
Ruth Mazo Karras, “The Regulation of Brothels in Later Medieval England,” Signs: The
Journal of Women in Culture and Society 14 (1989): 421.
10
James A. Brundage, “Prostitution in Medieval Canon Law,” Signs 1, no. 4 (1976): 830.
11
“Remove the sewer and you will fill the palace with ordure; similarly with bilge from a
ship; remove whores from the world and you will fill it with sodomy,” Carolyn Dinshaw,
“Queer Relations,” Essays in Medieval Studies, vol. 16 (1999): 108.
12
Karras, “The Regulation of Brothels,” 403.
13
Brundage, “Prostitution,” 826.
14
Ibid., 831.
15
Karras, “The Regulation of Brothels,” 425.
32 M. KHOURY
sex worker was her inaccessibility to any kind of significant social status.16
This is another accomplishment for Rykener, who effectively absconded
with two gowns (filched from a priest, no less), was paid in gold, and had
legitimate feminine legibility, which for her was a desired social visibility, if
not a significant status. Finally, because sex work was an infraction that
courts only associated with women, Rykener’s femininity was validated,
but also not given full purchase because she was not officially charged with
prostitution due to her biological masculinity.
Like sex work, sodomy was not exactly what it seemed. Medieval texts
discuss sexual intercourse as something one does to another (as in Karras’
cannily subtitled book17), with the female in the passive or receptive posi-
tion, and the male in the active, or dominant role.18 That “detestable,
unmentionable, and ignominious vice” Rykener was accused of was a sin
against nature: man ceding his privilege as the primary sexual actor, in
favor of the submissive female. Vaguely defined (is it anal sex specifically,
or just the act of topping?) as disrupting the gender order, sodomy could
be committed by both men and women.19 However, when performed by
a woman, sodomy was more tolerable in that she was merely aspirational,
reaching above her lowly station to that of the superior man. The fact that
the “unspeakable/unmentionable” is mentioned at length in Rykener’s
testimony, powered by same-sex activity, disrupted the court’s presump-
tion of static sexual attraction dictated by biological sex, troubling the
handing down of a charge for sodomy.20
Carolyn Dinshaw and Ruth Evans both situate Rykener in the socio-
cultural climate of pre-Reformation London with the undergirding of
16
Brundage, “Prostitution,” 836.
17
Ruth Mazo Karras, Sexuality in Medieval Europe: Doing Unto Others (London and
New York: Routledge, 2012.)
18
Ruth Mazo Karras, “The Lechery that Dare Not Speak Its Name: Sodomy and the Vices
in Medieval England,” in The Garden of Good and Evil: The Vices and Culture in Mediaeval
Studies, ed. Richard Newhauswer (Toronto: Pontifical Institute of Mediaeval Studies,
2005), 198.
19
Karma Lochrie. Covert Operations: The Medieval Uses of Secrecy (Philadelphia: University
of Pennsylvania Press, 1999): 191.
20
Tom Linkinen. Same Sex Sexuality in Later Medieval English Culture (Amsterdam:
Amsterdam University Press, 2015): 105.
WHERE DO WE GO FROM HERE: TRANSITIVITY AND JOURNEY… 33
‘Eleanor,’ the name John Rykener apparently chose to go by, plays on his
own alienness, his own otherness; and ‘Rykener’ seems particularly appro-
priate for a prostitute (who reckons—counts—money) telling (reckoning—
recounting, narrating) a story … so John/Eleanor Rykener’s existence has
something of a textual nature.23
21
The limits of this essay cannot afford exposition on Rykener’s literary comparisons to
Chaucer’s Pardoner, Gower’s Confessio Amantis, Alan of Lille, Thomas Favent’s Historia
Mirabilis Parliamenti, Roman de Silence, and Sir Gawain and the Green Knight. For the
literary comparisons, see: Boyd and Karras “Et cum muliere,” 107; Carolyn Dinshaw, Getting
Medieval: Sexualitites and Communities, Pre- and Post-Modern (Durham and London: Duke
University Press, 1999); and Ruth Evans, “The Production of Space in Chaucer’s London,”
in Chaucer and the City, ed. Ardis Butterfield (Cambridge: D.S. Brewster, 2006), 41–56.
22
Dinshaw, Getting Medieval.
23
Ibid., 103.
24
Ibid., 109.
34 M. KHOURY
disrupt the court’s understanding of Rykener’s gender and help her elude
a sodomy charge. Dinshaw finally points to “a certain Anna” and “a cer-
tain Elizabeth,” the women who initiated Rykener into the cult of femi-
ninity. As a sex worker and procuress, respectively, the women knew how
to capitalize on the cultivation of gender as performance. “Women, sub-
jected by gender so obviously in the Lollard Eleventh Conclusion,”
Dinshaw writes, “are the ones in Rykener’s narrative who exploit the
dominance of gender expectations.”25 In 1395, the same year of Rykener’s
arrest, a religious sect known as the Lollards garnered attention for their
commitment to criminalizing sex. Led by John Wycliffe, Lollards preached
that sex was only for procreation within marriage. Where their Eleventh
Conclusion targeted women’s sexuality, the Twelfth Conclusion turned its
ammunition against what they saw as rampant sodomy within the Church
(the Church, in turn, accused the Lollards of sodomy).26 This religio-
cultural climate explains why Rykener’s clerical clients offered lucrative
compensation for her discretion.27
Ruth Evans links Rykener’s embodiment to that of Chaucer’s corporeal
London, returning to the use of masculine pronouns. Evans argues
Rykener disordered the city by changing jobs repeatedly, misrepresenting
herself professionally. “He embodies the ‘absolute evil’ that Plato’s healthy
city cannot tolerate: ‘that two things can be in one, two functions in the
same place, two qualities in one and the same being’.”28 In this way, she
reads Rykener as an “imitator” whose crime is not just gender transgres-
sion, but through a lack of professional focus, a disruption of the pre-
sumed civic order, manifesting in her position as an outsider to the city. In
usurping the work of another—a woman—Rykener, Evans argues, is an
imitator of women, and thusly a false trader.29 Both Karras and Kadin
Henningsen will later contest this reading, explaining that women were
known to shift professions frequently, as well as take on jobs typically
reserved for men, while Jeremy Goldberg will concur with the identifica-
tion of Rykener as a “dishonest trader” because it will serve his reading of
the case as political satire.
25
Ibid., 111.
26
Patrick J. Hornbeck, “Theologies of Sexuality in English ‘Lollardy’,” The Journal of
Ecclesiastical History 60, no. 1 (2009): 30.
27
Isaac Bershady, “Sexual Deviancy and Deviant Sexuality in Medieval England,” Primary
Source 5, no. 1 (2014): 15.
28
Evans, “The Production of Space,” 49.
29
Ibid., 50.
WHERE DO WE GO FROM HERE: TRANSITIVITY AND JOURNEY… 35
The world of women held its allure, so much so that Rykener kept a female
persona even when it restricted her/his legitimate employments to embroi-
dery and tippling. Like the mayor and aldermen of late fourteenth-century
London, we might be surprised that Rykener would choose social depen-
dence, poorly paid work and sexual passivity. But perhaps Rykener knew
something about women’s worlds that the historical record still obscures. In
bouncing back and forth between two genders, Rykener struck his own
patriarchal bargain … he experienced life as both a man and a woman.32
The first ten years after Rykener’s testimony came to light agitated
questions about the medieval reception of gender and sexuality through
the lenses of popular literature, the city, and women’s work. The next fif-
teen years of scholarship on the case will expand that dialogue, and gesture
toward a contemporaneous and productive reception of Rykener’s gender
traversing.
30
P. J. P. Goldberg, Women, Work, and Life-Cycle in a Medieval Economy: Women in York
and Yorkshire c. 1300– 1520 (Oxford: University of Oxford Press, 1992).
31
Judith Bennett, “England: Women and Gender,” in A Companion to Britain in the Later
Middle Ages, ed. S. H. Rigby (Malden and Oxford: Blackwell, 2003): 89, 94.
32
Bennett, “England: Women,” 100–101.
Another random document with
no related content on Scribd:
CONSTITUTION OF BELGIUM:
The working of its' electoral provisions.
CONSTITUTION OF CUBA:
The grant of autonomous government by Spain in 1897.
CONSTITUTION OF CUBA:
Outline of the draft reported to the Convention of 1900-1901.
CONSTITUTION OF IDAHO:
Adoption of Woman Suffrage.
CONSTITUTION OF LOUISIANA:
Its discriminating educational qualification.
{165}
ARTICLE 79.
ARTICLE 80.
Should the default of the President be absolute, the
substitute appointed by Congress shall terminate the
constitutional period.
ARTICLE 82.
The President, upon taking possession of his office, shall
swear before Congress under the following formula:
First.
Section III. of article 111 of the federal constitution is
amended, and an addition made to the said article in the
following terms: The States shall not—
{166}
Second.
Article 124 of the federal constitution is amended in the
following terms:
ARTICLE 124.
It is the exclusive faculty of the federation to obstruct
merchandise, imported or exported, or which passes in transit
through the national territory, likewise to regulate at all
times, and even to prohibit for reasons of policy and
security, the circulation within the Republic of all
merchandise from whatever source; but the said federation
cannot establish or decree in the district or federal
territories the taxes and laws expressed in Sections VI. and
V. of Article 111.
Transitory article.
These amendments and additions shall take effect on the 1st of
July, 1896.
{167}
ARTICLE 1.
This State shall bear the name of the South African Republic.
ARTICLE 2.
The form of government of this State shall be that of a
republic.
ARTICLE 3.
It desires to be recognized and respected by the civilized
world as an independent and free people.
ARTICLE 4.
The people seek for no extension of territory, and desire it
only in accordance with just principles, when the interest of
the Republic makes such extension desirable.
ARTICLE 5.
The people desire to retain and maintain their territory in
South Africa unimpaired. The boundaries thereof are fixed by
proclamation.
ARTICLE 6.
Its territory is open for every foreigner who obeys the laws
of this Republic. All who are within the territory of this
Republic have equal claims to protection of person and
property.
ARTICLE 7.
The land or farms situate in this territory which have not yet
been given out, are declared to be the property of the State.
ARTICLE 8.
The people claim the utmost social freedom, and expect the
result from the maintenance of their religious belief, from
the observance of their obligations, from submission to law,
order and right, and the maintenance of the same. The people
permit the spread of the Gospel among the heathen under fixed
precautions against deceit or misleading.
ARTICLE 9.
The people will not allow any equalization of the coloured
inhabitants with the white.
ARTICLE 10.
The people will not suffer any slave trade or slavery in this
Republic.
ARTICLE 11.
The people reserve to themselves the protection and defence of
the independence and inviolability of the State, subject to
the laws.
ARTICLE 12.
The people entrust the legislation to a Volksraad—the highest
authority in the land—consisting of representatives or
deputies of the people, chosen by the enfranchised burghers;
but with the reservation that a period of three months shall
be left to the people to enable them if they so wish to
communicate to the Volksraad their verdict on a proposed law;
except those laws which can suffer no delay.
ARTICLE 13.
The people charge the President with the task of proposing and
executing the laws; he also brings before the Volksraad the
appointments of all civil servants for ratification.
ARTICLE 14.
The people entrust the maintenance of order to the military
force, the police, and other persons appointed by the law for
that purpose.
ARTICLE 15.
The people place the judicial power in the hands of a Supreme
Court, Circuit Court, Landrosts, Juries, and such other
persons as shall be entrusted with judicial powers, and leave
all these free to discharge their function according to their
judgment and consciences, according to the laws of the land.
ARTICLE 16.
The people shall receive from the Volksraad an estimate of the
general income and expenses of the State, and learn therefrom
how much every man's taxes shall amount to.
ARTICLE 17.
Potchefstrom, situated on the Mooi River, shall be the capital
of the Republic, and Pretoria the seat of Government.
ARTICLE 18.
All services rendered on behalf of the public are remunerated
by the public.
ARTICLE 19.
Freedom of the press is granted provided the printer and
publisher remain responsible for all the documents which
contain defamation, insult, or attacks against anyone's
character.
ARTICLE 20.
The people shall only appoint as representatives in the
Volksraad those who are members of a Protestant Church.
ARTICLE 21.
The people desire the growth, prosperity, and welfare of the
State, and with this view provision for suitable school
teachers.
ARTICLE 22.
Providing also that in time of peace precautionary measures
are taken to enable the State to wage or withstand a war.
ARTICLE 23.
In case of a hostile attack from outside, everyone, without
distinction, shall be held bound to lend his assistance on the
promulgation of martial law. …
ARTICLE 26.
The Volksraad shall be the highest authority of the country,
and the legislative power.
ARTICLE 27.
No civil servants are to be representatives of the people.
ARTICLE 28.
The Volksraad shall consist of at least twelve members, who
must possess the following qualifications:-They must have
attained the age of thirty years, and be born in the Republic,
or have for fifteen consecutive years been burghers entitled
to vote, be members of a Protestant Church, reside, and
possess immovable property, in the Republic. No persons of
notoriously bad character, or who have had a dishonouring
sentence pronounced against them, and no uncertified or
unrehabilitated insolvents shall be eligible. They may not be
related to each other in the relationship of father and son or
stepson. No coloured persons or bastards shall be admitted
into our Assemblies. In like manner no military officer or
official of the State, who draws a fixed annual or monthly
salary, shall be eligible as member of the Volksraad.
ARTICLE 29.
The members of the Volksraad are elected by a majority of
votes from among the electors of each district. No one shall
be considered as elected who has not obtained at least sixty
votes. Everyone who is born in the country and has attained
the age of twenty-one years, or has become naturalized, shall
be a burgher qualified to vote. The members of the Volksraad
are elected for the period of four years. … [The above
provisions of the Constitution, relating to the Volksraad and
the representation of the people, were modified by the
following among other provisions of an Act of the Volksraad
passed in 1891:
ARTICLE 1.
The legislative power shall rest with a representation of the
people, which shall consist of a First Volksraad and a Second
Volksraad.
{168}
ARTICLE 2.
The First Volksraad shall be the highest authority in the
State, just as the Volksraad was before this law came into
operation. The First Volksraad shall be the body named the
Volksraad until this law came into operation. From the period
of this law coming into operation, the name of that body shall
be altered from the Volksraad to the First Volksraad. The
persons forming that body as members shall, however, remain
the same, only they shall, from the said period, be named
members of the First Volksraad instead of members of the
Volksraad. All laws and resolutions having reference to the
Volksraad and the members thereof shall remain in force and
apply to the First Volksraad and the members thereof, except
in so far as a change is or shall be made by this and later
laws. …
ARTICLE 4.
The number of the members of the Second Volksraad shall be the
same as of the First Volksraad. This number shall be fixed
later by the First Volksraad for both Volksraads. …
ARTICLE 9.
The members of the First Volksraad are chosen by those
enfranchised burghers who have obtained the burgher right,
either before this law came into operation, or thereafter by
birth, and have reached the age of sixteen years. The
franchise for the First Volksraad can besides also be obtained
by those who have during ten years been eligible for the
Second Volksraad, by resolution of the First Volksraad, and
according to rules to be fixed later by law.
ARTICLE 10.
The members of the Second Volksraad are chosen by all
enfranchised burghers who have reached the age of sixteen
years. …
ARTICLE 27.
The Second Volksraad shall have the power to pass further
regulations on the following subjects as is necessary, either
by law or resolution:
(1) The department of mines.
(2) The making and support of wagon and post roads.
(3) The postal department.
(4) The department of telegraphs and telephones.
(5) The protection of inventions, samples and trademarks.
(6) The protection of the right of the author.
(7) The exploitation and support of the woods and salt-pans.
(8) The prevention and coping with contagious diseases.
(9) The condition, the rights, and obligations of companies.
(10) Insolvency.
(11) Civil procedure.
(12) Criminal procedure.
(13) Such other subjects as the First Volksraad shall decide
later by law or resolution, or the First Volksraad shall
specially refer to the Second Volksraad.
ARTICLE 28.
All laws or resolutions accepted by the Second Volksraad are
as soon as possible, that is to say at the outside within
forty-eight hours, communicated both to the First Volksraad
and to the President.
ARTICLE 29.
The President has the right, when he has received notice from
the Second Volksraad of the adoption of a law or a resolution,
to bring that law or resolution before the First Volksraad for
consideration within fourteen days after the receipt of such
notice. The President is in any case bound, after the receipt
of such a notice, to communicate it to the First Volksraad
within the said time.
ARTICLE 30.
If the President has not brought the law or resolution as
communicated before the First Volksraad for consideration, and
the First Volksraad has not on its own part thought it
necessary to take said law or resolution into consideration,
the President shall, unless with the advice and consent of the
Executive Council he thinks it undesirable in the interests of
the State, be bound to have that law or resolution published
in the first succeeding Volksraad, unless within the said
fourteen days the First Volksraad may be adjourned, in which
case the publication in the "Stasts Courant" shall take place
after the lapse of eight days from the commencement of the
first succeeding session of the First Volksraad.
ARTICLE 31.
The law or resolution adopted by the Second Volksraad shall
have no force, unless published by the President in the
"Staats Courant."
ARTICLE 43.
The President shall bring forward for discussion the proposals
for laws which have come in before the Volksraad, whether the
latter have been made known to the public three months before
the commencement of the session, or whether the same have come
in during the session of the Volksraad.
ARTICLE 44.
When the notices of laws and Government notices to the public
have not been given in time, the President shall examine with
whom the blame of that delay lies. A Landrost found guilty
hereof shall have a fine of Rds. 50 inflicted and a
Field-Cornet or lesser official of Rds. 25. …
ARTICLE 56.
The executive power resides in the State President, who is
responsible to the Volksraad. He is chosen by a majority of
the burghers entitled to vote, and for the term of five years.
He is eligible for reelection. He must have attained the age of
thirty years, and need not be a burgher of the State at the
time of his nomination, and must be a member of a Protestant
Church, and have no dishonouring sentence pronounced against
him. [By a subsequent law the President must be chosen from
among the burghers.]
ARTICLE 57.
The President is the first or highest official of the State.
All civil servants are subordinate to him; such, however, as
are charged with exercise of the judicial power are left
altogether free and independent in its exercise.
ARTICLE 58.
As long as the President holds his position as such he shall
fill no other, nor shall he discharge any ecclesiastical
office, nor carry on any business. The President cannot go
outside the boundaries of the State without consent of the
Volksraad. However, the Executive Council shall have the power
to grant him leave to go outside the boundaries of the State
upon private affairs in cases of necessity. …
ARTICLE 60.
The President shall be discharged from his post by the
Volksraad after conviction of misconduct, embezzlement of
public property, treachery, or other serious crimes, and be
treated further according to the laws.
ARTICLE 61.
If in consequence of transgression of the Constitution or
other public misdemeanors the Volksraad resolve that the
President shall be brought to trial, he shall be tried before
a special court composed of the members of the High Court, the
President and another member of the Volksraad, while the State
Attorney acts as Public Prosecutor. The accused shall be
allowed to secure assistance of a lawyer at his choice.
ARTICLE 62.
The President is charged with the proposing of laws to the
Volksraad, whether his own proposals or others which have come
in to him from the people; he must make these proposals known
to the public by means of the "Staats Courant" three months
before presenting them to the Volksraad, together with all
such other documents as are judged useful and necessary by
him.
{169}
ARTICLE 63.
All proposals for a law sent in to the President shall, before
they are published, be judged by the President and Executive
Council as to whether publication is necessary or not.
ARTICLE 64.
The President submits the proposals for laws to the Volksraad,
and charges the official to whose department they belong first
and foremost, with their explanation and defence.
ARTICLE 65.
As soon as the President has received the notice of the
Volksraad that the proposed law is adopted, he shall have that
law published within two months, and after the lapse of a
month, to be reckoned from the publication, he shall take
measures for the execution of the same.
ARTICLE 66.
Proclamation of martial law, as intended in Article 23, shall
only be made by the President with the assent of the members
of the Executive Council. …
ARTICLE 67.
The President, with advice of the Executive Council, declares
war and peace, with reference to Article 66 of the
Constitution; the Government having first, if possible,
summoned the Volksraad before the declaration of war. Treaties
of peace require the ratification of the Volksraad, which is
summoned as soon as possible for that purpose. …
ARTICLE 70.
The President shall submit, yearly, at the opening of the
Volksraad, estimates of general outgoings and income, and
therein indicate how to cover the deficit or apply the
surplus.
ARTICLE 71.
He shall also give a report during that session of that
Volksraad, of his actions during the past year, of the
condition of the Republic and everything that concerns its
general interest. …
ARTICLE 75.
The President and one member of the Executive Council shall,
if possible, visit the towns and villages of the Republic
where Landrost's officers are, once in the year; he shall
examine the state of those offices, inquire into the conduct
of the officials, and on these circuits give the inhabitants
during their stay an opportunity to bring before him anything
they are interested in. …
ARTICLE 82.
The President exercises his power along with the Executive
Council. An Executive Council shall be joined to the
President, consisting of the Commandant-General, two
enfranchised burghers, a Secretary, and a Notekeeper
(notulenhouder), who shall have an equal vote, and bear the
title of members of the Executive Council. The Superintendent
of Native Affairs and the Notekeeper shall be ex-officio
members of the Executive Council. The President and members of
the Executive Council shall have the right to sit, but not to
vote, in the Volksraad. The President is allowed, when