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GEORGE GARNET T
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For
The Master
Acknowledgements
This book could never have been undertaken without the support of the
Leverhulme Trust, which elected me to a Major Research Fellowship in 2008. The
Fellowship afforded me the time to familiarize myself with periods and sources of
which I then knew a lot less than I do now. Without support on that scale it would
not have been possible for me to extend my range in such a way, mid-career.
Not only has the Trust been generous, its officials have also administered
the process with the lightest of bureaucratic touches, quite out of keeping with the
spirit of the age. The Trustees appear to have been content to wait patiently for the
fruits, which have been far slower in appearing than my ludicrously optimistic
original plans envisaged. I hope that this book will enable them to feel that their
investment has at last begun to pay off.
When I began working on this subject I could not have anticipated how rele-
vant it would become to contemporary national politics. The medieval history of
England has again begun to be invoked in current political debate, if not (yet) to
the same extent as it was in the seventeenth century. It has done so because the
crux of that debate has become the constitution, as it was in the seventeenth cen-
tury. Interpretation of the Conquest is fundamental to that of the constitution.
Nigel Farage’s sporting of a Bayeux Tapestry tie when canvassing in the Rochester
and Strood by-election in 2014 created the year’s most improbable fashion acces-
sory. On 17 May 2016, during the European Union Referendum campaign, Boris
Johnson accused the Remain campaign of ‘the biggest stitch-up since the Bayeux
Tapestry.’1 On 17 September 2018 he suggested in his Daily Telegraph column that
agreeing to the proposals recently made at Chequers by the then Prime Minister
would have amounted to a pusillanimous acquiescence in foreign rule of a kind
not seen ‘since 1066’.2 As Prime Minister himself, on 10 September 2019 he chose
to be filmed participating in a lesson at Pimlico Primary School on the subject of
the Conquest. On a more scholarly level, the eighth centenary of Magna Carta in
2015 celebrated in grand style an English exceptionalism sometimes defined, as it
was in 1215, in terms of a restored, mythically autonomous pre-Conquest past
and a reaffirmed aboriginal law. That was so in the seventeenth century too.
3 On 18 March 2019 the Speaker of the House of Commons cited a precedent from 2 April 1604
(Commons Journals (1547–1628), p. 162) to justify refusing to allow the Government to bring forward
a motion for a third time in a single parliamentary session for a so-called meaningful vote on the
Brexit deal negotiated between the Government and the EU: T. Erskine May, Parliamentary Practice,
24th edn (London 2011), p. 397.
4 R (Miller) v. Prime Minister; Cherry v. Advocate General of Scotland [2019] UKSC 41, paras 32,
41; it was also given pride of place in the summary of the judgment. Cf. Lord Pannick, counsel for the
appellant in UKSC 2019/0192, and in R (Miller) v. Prime Minister [2019] EWHC 2381 (QB). Coke’s
12 Reports, fos. 74–6 (Proclamations, Mich. 8 Jac. I; The Reports of Sir Edward Coke, Knt. In Thirteen
Parts, ed. J.H. Thomas and J.F. Fraser, 13 Parts in 6 vols (London 1826), vi). It is not a report of a court
case, but of an opinion delivered by Coke when it was solicited by the Lord Chancellor and sundry
other law officers. Coke records himself concluding that ‘the King hath no prerogative, but that which
the law of the land allows him’. In support of this, he reports citing, amongst other authorities, Sir John
Fortescue’s De laudibus legum Anglie, c. 9, one of Fortescue’s key discussions differentiating a king who
ruled ‘politically and regally’ from one who ruled simply ‘regally’; for the implications of this distinc-
tion for understanding of the Conquest, see below, pp. 273–4. I should like to thank Mike Macnair
and David Pannick for help with this note.
5 Private letter commenting on a late draft of Holt’s book, and dated ‘?3 September [1964]’: Holt
Archive, University of St Andrews.
Acknowledgements ix
below, but they give a very inadequate impression of the extent of his contribution.
I am unsure whether he will interpret this as an unalloyed compliment, but for
me he has come to fill Jim’s shoes, though some of the hobnails seem to have been
removed.
I must also acknowledge the continuing influences on my approach of my first
supervisor, Walter Ullmann, several of whose few works on English subjects
proved fecund in the development of the argument, and that of Quentin Skinner,
whose Special Subject remains formative forty years after I took it. For me, an
important lesson of the latter was that many early modern thinkers continued to
frame their arguments in medieval terms—a lesson with an obvious bearing on
the current project. Like many of those who taught me in that golden age of the
Cambridge History Faculty—Jonathan Riley-Smith and Brendan Bradshaw leap
to mind—Walter and Quentin inculcated a belief that trying to understand what
people thought, and how thought informed action, is the most interesting and
rewarding challenge in historical inquiry.
It is also a pleasure to record the importance of my time as a Title A (Research)
Fellow of St John’s College, Cambridge. Toby Milsom and Peter Linehan were both
then Fellows, and Peter was working on a book about the history and historiography
of medieval Spain which bears some similarities to what I have attempted.
My role as convenor for the Oxford History Faculty’s Special Subject on the
Norman Conquest of England has required me to reflect on all sorts of aspects of
the topic. John Blair and I continue to disagree in our overall interpretation of the
Conquest, but listening to his developing views on architecture has led me to
appreciate its significance in ways which I would not have done otherwise, and I
am grateful.
At the weekly class, Stephen Baxter and I now put on public disputations rem
iniscent of those in which I once engaged with James Campbell and Patrick
Wormald. From these I learn much. With respect to this book, however, I am
even more indebted to Stephen for inviting me to deliver a lecture at King’s
College, London in 2009, in memory of Patrick. It prompted me to begin to hone
my thoughts at an early stage of the project.
Years of argument with Patrick forced me to refine my understanding of
English legal matters. Much of what follows could not have been written without
the foundations laid by his The Making of English Law, which will endure as one
of the great works of scholarship on Anglo-Saxon history. Whereas Patrick was
interested in the twelfth-century legal compilations for the light they might throw
on pre-Conquest law, I have tried to use them as evidence of how pre-Conquest
law was understood (and fabricated) in the twelfth century, and of how that
reconstructed (or invented) law was exploited thereafter. Indeed, Quadripartitus
and the various apocryphal codifications of Old English law with which it became
associated are the most obvious thread running through the long period covered
by this book. It remains a cause of great regret that I have had to do my best to
x Acknowledgements
formulate and voice Patrick’s objections for him—though I could never hope to
replicate the piercing, patrician insistence of his tone.
Still more important than Richard Sharpe’s classes on writs and charters and
his published scholarship has been a series of early evening drinks with him, post
class. Ruminating on some of his comments made me realize how I could tie
together architectural transformation and the resurrection of English historical
writing. In Durham Cathedral that realization became an epiphany.
Even after decades of teaching the Special Subject, tutorial discussion of the
sources each year continues to prompt fresh insights, some of which I hastily jot
down. It may not be invidious if I single out one fairly recent pupil, George
Molyneaux, because he has had the generosity and patience to subject much of
what follows to a forensic critique.
One of the advantages (or disadvantages) of attempting to cover such a long
timescale, across several different fields, is that I have been obliged to give myself
crash courses in subjects of which initially I knew little or almost nothing. In order
to do so, I have unashamedly solicited the assistance of authorities. I have already
mentioned Richard Sharpe, who has responded with an exacting patience to
numerous inquiries on palaeographical and codicological matters, and has read
much of the book in draft. The constructively unforgiving quality of his criticism
is reminiscent of that of Jim Holt—there seems to be something distinctive about
medieval historians who hail from Yorkshire (a view shared by Galbraith, another
Yorkshireman).
I must also thank John Baker, who has been generous, encouraging, and
instructive by turns, as I have attempted to grapple with English common law in
the later middle ages and early modern period. Others who have read and com-
mented on portions include Paul Brand, Hugh Brodie, Hugh Doherty, Elinor
Garnett, Adam Leach, Katie McKeogh, John Pocock, Magnus Ryan, Liesbeth van
Houts, and George Woudhuysen. The prospect of John Gillingham’s relentless
scepticism has been an important discipline. At the very beginning, Barbara
Harvey gave me much needed orientation in later medieval English history. In the
final stages, Gregory Garnett acted as computer technician. I have tried to
acknowledge all other assistance in the footnotes.
I am indebted to the many librarians whose patience I may from time to time
have tried, most often through electronic ineptitude. These include the staffs of
the Bodleian Library (perhaps especially Isabel Holowaty, its History Librarian,
who seems willing to answer queries at any time of any day or night), of
Cambridge University Library, of the Manuscripts Reading Room in the British
Library, and last but most, of St Hugh’s College. Nora Khayi, the College’s
Librarian, and her recent locum Marjory Szurko, have been as receptive to sug-
gestions for recondite acquisitions as they have been willing to turn a blind eye to
borrowing in grotesque excess of any prescribed limits.
Acknowledgements xi
I am grateful to St Hugh’s and my other Oxford college, Lady Margaret Hall, for
allowing me periods of sabbatical leave, and to my tutorial colleagues over the last
decade, especially Jon Parkin and Grant Tapsell, for covering for me while I have
taken it. Other colleagues in the wider Oxford History Faculty who deserve a
special thank you are Rana Mitter, Julia Smith, and John Watts, who collectively
persuaded the University to award me an extra term’s leave in order to put the
finishing touches to the typescript. In addition, John quietly made 2018 the
Faculty’s 1956.
It is a pleasure to acknowledge the nurturing I have received from Stephanie
Ireland, Cathryn Steele, and Katie Bishop, my editors at OUP.
Finally (in chronological terms), I am indebted to another taker of the Special
Subject, Kerrith Davies, who responded to a last-minute plea for help by agreeing
to compile the index. That he was willing to do so even after indexing an earlier
book of mine is a sign of true friendship.
I have yet to mention the one person who has not only read the whole more
times than she will wish to remember, but also ended up living with it on a daily
basis, even on successive Cretan holidays. Helen Pike covered drafts of every part
with characteristically purple (in literal more than metaphorical terms) criticism,
and buoyed me up through the darker intervals, repeatedly advising that close
study of Quadripartitus was bound to be deleterious to health. That it seems in
the event not to have proved to be so is thanks to her, and to Elinor, Edmund, and
Gregory. They have all supported, diverted, and delighted me, the last three toler-
ating the Broken Chain rattling in the background for almost half their lives.
This book is for Helen.
Oxford
14 October 2019
Contents
List of Plates xv
List of Abbreviations xvii
Introduction 1
1. The Early Twelfth-Century Perspective in
English Historical Writing 13
2. The Audiences for English History in the
Early Twelfth Century 81
3. The Excavation, Reconstruction, and Fabrication
of Old English Law in the Twelfth Century 104
4. Edward the Confessor: From Critical Standard to Patron Saint 132
5. The Conquest in Historical Writing from the
Late Thirteenth Century 173
6. The Conquest in Later Medieval English Law I: Jurisprudence
and Forensic Practice in the Thirteenth Century 209
7. The Conquest in Later Medieval English Law II:
Edward II’s Reign and After 247
8. The Preservation of the Sources for English Medieval
History in the Sixteenth Century 286
9. Elizabethan Study of Old English Law and Its Post-Conquest
Endorsement 332
10. The Printing of Twelfth-Century English Historiography, and
the Integration of Law with History 360
Manuscripts 387
Printed Sources 393
Modern Literature 407
Index 439
List of Plates
Acta, ed. Sharpe Acta of William II and Henry I, ed. R. Sharpe: http://actswilliam-
2henry1.wordpress.com/
AM Annales monastici, ed. H.R. Luard, 5 vols, RS (1864–69)
ANS Anglo-Norman Studies
ASE Anglo-Saxon England
Bede, HE Bede, Historia ecclesiastica gentis Anglorum
(BI)HR (Bulletin of the Institute of) Historical Research
BL British Library
Bracton Bracton on the Laws and Customs of England, ed. G.E. Woodbine,
trans. and rev. S.E. Thorne, 4 vols (Cambridge, MA, 1968–77)
CBMLC Corpus of British Medieval Library Catalogues
CCC Corpus Christi College
CCCM Corpus Christianorum, continuatio medievalis
CCR Calendar of Charter Rolls, 6 vols (London 1903–27)
CM Matthaei Parisiensis, monachi Sancti Albani, chronica majora, ed.
H.R. Luard, 7 vols, RS (1872–83)
Cod. Codex Iustiniani
CREE Chronicles of the Reigns of Edward I and Edward II, ed. W. Stubbs,
2 vols, RS (1882–83)
CRR Curia Regis Rolls preserved in the Public Record Office: Richard I – 1250,
20 vols (London 1922–2007)
CRSHR Chronicles of the Reigns of Stephen, Henry II and Richard I, ed.
R. Howlett, 4 vols, RS (1884–89)
C&S I Councils & Synods, with Other Documents Relating to the English
Church, I, ad 871–1204, Parts i and ii, ed. D. Whitelock, M. Brett, and
C.N.L. Brooke (Oxford 1981)
C&S II Councils & Synods, with Other Documents Relating to the English
Church, II, ad 1205–1313, Parts i and ii, ed. F.M. Powicke and
C.R. Cheney (Oxford 1964)
Davis, MC G.R.C. Davis, Medieval Cartularies of Great Britain and Ireland, rev.
C. Breay, J. Harrison, and D.M. Smith (London 2010)
DB Domesday Book, 4 vols, ed. A. Farley (London 1783–1816)
Dig. Digestum Iustiniani
EcHR Economic History Review
Eadmer, HN Eadmeri historia novorum in Anglia, ed. M. Rule, RS (1884)
edn edition
EHR English Historical Review
Foedera Foedera, conventiones, litterae et cujuscunque generis acta publica, ed.
T. Rymer, new edn, 4 vols. in 7 parts (Record Commission 1816–69)
xviii List of Abbreviations
Fulman, Scriptores
Scriptores Rerum Anglicarum scriptores veteres, ed. W. Fulman
(Oxford 1684)
Gesetze F. Liebermann, Die Gesetze der Angelsachsen, 3 vols (Halle 1903–16)
GG William of Poitiers, Gesta Guillelmi, ed. M. Chibnall and
R.H.C. Davis (Oxford 1998)
Glanvill The Treatise on the Laws and Customs of the Realm of England com-
monly called Glanvill, ed. G.D.G. Hall, rev. M.T. Clanchy (Oxford 1993)
GND The Gesta Normannorum ducum of William of Jumièges, Orderic Vitalis,
and Robert of Torigni, ed. E.M.C. van Houts, 2 vols (Oxford 1992–95)
GP William of Malmesbury, Gesta pontificum Anglorum, ed.
M. Winterbottom, 2 vols (Oxford 2007)
GR William of Malmesbury, Gesta regum Anglorum, ed. R.A.B. Mynors,
R.M. Thomson, and M. Winterbottom, 2 vols (Oxford 1998)
HA Henry, Archdeacon of Huntingdon, Historia Anglorum, ed.
D. Greenway (Oxford 1996)
HNa William of Malmesbury, Historia novella, 2nd edn, ed. E. King, trans.
K.R. Potter (Oxford 1998)
HSJ Haskins Society Journal
JEH Journal of Ecclesiastical History
JW The Chronicle of John of Worcester, ed. R.R. Darlington and
P. McGurk, 3 vols (Oxford 1995–)
Ker, MLGB N.R. Ker, ed., Medieval Libraries of Great Britain. A List of Surviving
Books, 2nd edn (London 1964); Supplement to the Second Edition, ed.
A.G. Watson (London 1987)
LECf Leges Edwardi Confessoris
LHP Leges Henrici primi, ed. L.J. Downer (Oxford 1972)
Litt. T. Littleton, Tenures novelli, first edition c. 1481
LMA London Metropolitan Archives
LP Letters and Papers, Foreign and Domestic, of the Reign of Henry VIII,
ed. J.S. Brewer et al., 21 vols in 33 (London 1862–1932)
MGH Monumenta Germaniae Historica
ODNB H.C.G. Matthew and B. Harrison, eds, Oxford Dictionary of National
Biography (Oxford 2004); and electronic supplements: http://www.
oxforddnb.com/view/article
OV Orderic Vitalis, Historia ecclesiastica, ed. M. Chibnall, 6 vols (Oxford
1969–80)
PBA Proceedings of the British Academy
PL Patrologiae cursus completus, Series Latina, ed. J.P. Migne, 221 vols
(Paris 1844–65)
P&M F. Pollock and F.W. Maitland, The History of English Law before the
Time of Edward I., 2nd edn, 2 vols, reissued with a new introduction
by S.F.C. Milsom (Cambridge 1968)
Potthast A. Potthast, ed., Regesta pontificum romanorum (1198–1304), 2 vols
(Berlin 1874–75)
PQW Placita de quo warranto, temporibus Edw. I, II, & III, Record
Commission (1818)
List of Abbreviations xix
From 1066 successive Norman kings of the English presented themselves as the
Old English royal line continued. They came close to glossing over the fact that
the kingdom had been conquered at all. Their legitimacy as kings was founded on
an official version of certain key events, or rather alleged events, primarily of the
1050s and 1060s. Very quickly, this version of recent history became intrinsic to
the operations of the new regime. This was already the case prior to the first
extant written statement of Duke William’s claim to the throne of England, in
William of Jumièges’s Gesta Normannorum ducum, c. 1071. In the name of con
tinuity with Edward the Confessor’s England, this version of events played an
important part in shaping the way in which the kingdom was brutally trans
formed: most fundamentally in terms of who held land on what terms, and most
visibly in terms of architecture. Domesday Book was the monumental written
consummation of the tendentious premise that nothing had changed since King
Edward’s day, at least so far as tenurial structure was concerned. Many of the indi
vidual tenants, clerical as well as lay, might be different, but they all held as suc
cessors of Edwardian antecessores, and the tenurial system was presented as
unaltered. The Book purported to be an objective record of facts, most import
antly the corresponding facts for any particular tenancy at two fixed points: ‘now’,
in 1086, and ‘in the time of King Edward’, meaning on 5 January 1066, the day of
Edward’s death. This chronological framework, first formulated many years
before the Domesday Survey had been conceived, meant that the Book embodied
an official history which was already deeply entrenched by 1086. The conse
quences of the transformation in the kingdom of England which had been
administered by reference to that interpretation of the past were so fundamental
that they continued to set the context of politics in the twelfth century, and in
some respects long afterwards.
Twenty years after 1066, Domesday Book was the most substantial early treat
ment of change over the Conquest, but change disguised as continuity with the
Old English past. This study addresses many subsequent treatments in different
forms of the same issue, over a far longer time scale. It considers the roles that the
Norman Conquest played in English historical writing, in English law, and in
English political argument, over a period from c. 1090 to c. 1700. The subject has
The Norman Conquest in English History: Volume I: A Broken Chain? George Garnett, Oxford University Press (2021).
© George Garnett.
DOI: 10.1093/oso/9780198726166.001.0001
2 Norman Conquest in English History: Vol. 1
proved to be so vast that it has been necessary to divide the study into two vol
umes. This first volume takes the story up to the point in the early seventeenth
century when the bulk of what were then recognized as the most important
sources on the Conquest and what had preceded it had become widely available
in print. The second volume will begin a little earlier than the end of the first.
It will examine the use made of these materials in scholarship and in political
debate from the later years of Elizabeth’s reign into and through the seventeenth
century, when the Conquest rapidly became an even more contested issue than it
had been in the twelfth.
This first volume opens by showing how and why, within forty years of 1066, a
number of writers suddenly and almost simultaneously began to write Latin his
tories not just of their own monastic houses, but of England. Almost all of them
were demonstrably monastic precentors, so in charge of libraries, record-keeping,
and liturgy in their communities. Ex officio, they found themselves at the nub of
establishing and demonstrating continuity over the Conquest. They were obliged
to play a key part in dealing with the implications of the comprehensive rebuild
ing of the kingdom’s major churches, most pressingly establishing which saints’
relics merited translation from the old into the new churches. They also had to
ensure that their institutions’ titles to estates were reliably documented, in a con
text where traditional titles to land, like traditional claims to sanctity, were subject
to newly intense, sceptical scrutiny. The scale of the demolition and construction
work which surrounded them must have constituted an even more insistent daily
reminder of transformation than the intermittent threats to ancient landed pos
sessions. In diverse locations around the kingdom, these writers appear to have
recognized that it was necessary to reconstruct, or more accurately to construct, a
history of England which traversed the Conquest and reached back at least as far
as the conversion to Christianity of the Angles and Saxons—collectively termed
the English—at the very end of the sixth century and beginning of the seventh. In
doing so they were well aware that they were resurrecting a literary genre which
to most intents and purposes appeared to have died out in this island with the
demise of Bede, the great historian of the conversion, almost four centuries
before. Bede’s shadow fell on each of them in a different way, but they were all
acutely conscious that they were writing in it. Each after his own fashion sought
to provide an historiographical continuation (or in Geoffrey of Monmouth’s
revealingly exceptional case, prologue) to Bede’s Historia ecclesiastica gentis
Anglorum, which the intervening centuries had lacked. They did not work in iso
lation; many of them were demonstrably aware of what their peers were up to.
Precentors in different houses were obliged to correspond with each other by one
of their official duties: the commemoration of the dead.
William of Malmesbury, by his own estimation and that of posterity the pre-
eminent member of this select group, and certainly the most learned in classical
literature, neatly formulated the point in a metaphor he adapted from the late
Introduction 3
antique model provided by the preface to Justinus’ epitome of the otherwise lost
histories of Pompeius Trogus. English historical writing was a chain which had
been broken with the death of Bede. William and his contemporaries—Eadmer of
Canterbury, Florence and John of Worcester, Symeon of Durham, and the secular
canon and archdeacon Henry of Huntingdon being the most prominent at the
time and subsequently—were attempting to forge a long new section of chain, to
be linked to what had been left dangling in 735.
For reasons discussed below in Chapter 1, it seems likely that they were right to
think that Latin historical writing in England had all but died out after Bede. Why
this should have happened here, in striking contrast to West and later East
Francia, to Italy and Iberia, is a very interesting question which has scarcely been
touched upon by modern historians of the Anglo-Saxon period.1 An obvious fac
tor is likely to have been the continuing and unique importance of the written
vernacular throughout the various kingdoms of England. This was still very much
the case after the English kingdom had been formed in the early tenth century.
Indeed, it remained so until the half century after the Conquest, when written
Old English quickly became obsolescent as a language of legislation, administra
tion, and devotion. But why the role of the vernacular might have made English
monks disinclined to write history in Latin is not immediately apparent. History
was an antique genre, so it was probably difficult to conceive of writing it—as
distinct from the rudimentary and often shambolic vernacular annals of the vari
ous manuscripts of the Anglo-Saxon Chronicle, initiated at the end of the ninth
century—in anything other than an antique language. The explanation for histo
ry’s post-Bedan demise in England is unlikely to be simple. To provide a fully
satisfactory one for this particular instance of English exceptionalism would
require a quite different book from that which follows.
The question arises because the sudden efflorescence of English historiography
about England at the start of the twelfth century threw into striking relief the
long, antecedent hiatus, which William of Malmesbury sought to characterize in
the metaphor he borrowed and adapted from a Roman historian of the later
Empire. That dramatic and in the event collaborative outburst, which burned
most brightly in the second quarter of the century, is the subject of the opening
two chapters. In the view of William and his contemporaries, writing the history
of England and the English necessarily involved filling the post-Bedan gap, and in
most cases also recapitulating in summary form much of Bede’s Historia ecclesias-
tica. Several of them also suggested that the Norman Conquest had represented
some sort of break in the course of English history, as distinct from English his
torical writing. The Conquest was generally interpreted as a rupture of a magni
tude exceeding that caused by any earlier invasion. But in so far as they felt the
1 J. Campbell, ‘Some Twelfth-Century Views on the Anglo-Saxon Past’, repr. in his Essays in Anglo-
Saxon History (London 1986), pp. 209–28, at 216; J. Campbell, ‘Placing King Alfred’, in T. Reuter, ed.,
Alfred the Great. Papers from the Eleventh-Centenary Conferences (Aldershot 2003), pp. 3–23, at 21.
4 Norman Conquest in English History: Vol. 1
need to repair it, to trace connections with what had preceded it, they were
obliged to mend the historiographical chain which had been broken many cen
turies before it. Almost all of them were members of institutions which had sur
vived it, and most were charged with establishing and recording aspects of the
continuous life of their churches stretching back into the distant past. For this
reason a study of the Conquest’s role in the germination of English historiography
about England necessarily involves a consideration not only of the treatment of
the Conquest itself by these historians, but also of their awareness that they were
writing up for the first time most of English history in the interval between the
death of Bede and the immediate aftermath of the Conquest. Mending the his
torical chain involved mending the historiographical chain.
It is striking that one difference between Eadmer’s Historia novorum, the earli
est of these works, and those which followed was that he did not attempt to mend
the latter chain. He was concerned with explaining what the Conquest had
changed, and why, not with writing a sequel to Bede, though he was acutely con
scious of the Bedan model of ecclesiastical history. He opened his account not in
the early eighth century but in the second half of the tenth, in the reign of Edgar.
In his view it offered a model of equable collaboration between king and prelacy,
in counterpoint to the tension which had come to prevail in the aftermath of the
Conquest. Things had begun to go awry long before, shortly after Edgar’s death,
with the sacrilegious outrage of the assassination of his son and immediate suc
cessor, Edward the Martyr. That abomination had brought God’s wrath down on
the heads of the English. The Conquest had been the latest and most devastating
in a succession of divinely ordained afflictions. There could be no certainty that it
would turn out to be the last. Eadmer’s immediate historiographical successors
expressed enormous admiration for his book, and drew on it. Some of them evi
dently sympathized with his assessment of the Conquest as providential punish
ment for sin, Old Testament-style. But none of them borrowed his starting point.
Although, like him, they were attempting to explain the Conquest, unlike him
this prompted them in their various ways to try to mend the broken historio
graphical chain.
Their research excavated and preserved most of what we know about Old or
Anglo-Saxon England, and organized it in a fashion which has proved definitive
ever since. In that sense, pre-Conquest English history was largely created from a
post-Conquest perspective, with the inevitable consequence of reading current
early twelfth-century preoccupations back into the Anglo-Saxon past. We are all
familiar with the ‘Beyond’—meaning the retrospective extrapolation—of
Domesday Book;2 something similar is more self-consciously true of the great
historians of England who wrote in the half century after the Book’s production.
2 F.W. Maitland, Domesday Book and Beyond. Three Essays in the Early History of England
(Cambridge 1897).
Introduction 5
purposes in the fourteenth and fifteenth centuries (as shown in Chapters 5, 6, and
7) could not but import interpretation of the Conquest into current jurispru
dence, and therefore contemporary politics. Moreover, for other and very par
ticular reasons, the Conquest remained a point of reference in certain types of
forensic proceedings. A case involving ancient demesne, a category invented in
the thirteenth century but deemed by definition to date from before the
Conquest—hence ‘ancient’—could only be settled by reference to Domesday
Book (Chapter 6).3 Exceptionally, the Book might also be consulted in other types
of case. Ancient charters were occasionally quoted and, more rarely, brandished
in court. Although the limit of legal memory came to be fixed at Richard I’s cor
onation, that did not prevent the occasional invocation of documents dating from
much earlier.
By the second half of the twelfth century there were, then, two categories of
text written or at least compiled and translated in the first half of that century:
histories, and legal compilations. Both bore upon the long history of Old England
and the Conquest which had—or had not—terminated it. Counterintuitively, it
was the more narrowly focussed legal tradition which was to do more to preserve
the Conquest as an issue of debate or dispute during the later middle ages. The
extraordinary richness of English historical writing in the first half of the twelfth
century was not sustained in the second, even by the decreasing number of his
torians who continued to attempt to cover the full range of English history. From
the thirteenth century there was a growing tendency to concentrate on the recent
past, or on the history of a particular church, or on universal history in which
eleventh-century England could claim only a minor part. Very occasionally, some
arresting (and unsubstantiated) episode from 1066 or its immediate aftermath
was recounted (Chapters 4 and 5). But on the whole, and in so far as the Conquest
continued to be considered at all, existing accounts were simply cut and pasted,
and usually heavily condensed, from earlier treatments. The Conquest became a
convenient starting point for histories which aspired to cover more than the very
recent past, but that did not mean that much was said about it. It had become a
familiar punctuation mark in the course of English history. It did not need to be
revisited and probed, just briefly summarized.
By contrast, translated collections of Old English codes, and the post-Conquest
confections to varying extents based upon them, continued to be copied, espe
cially in London, and not just in the city’s churches. That recent pieces of legisla
tion were appended piecemeal to a London compilation of these materials, known
as the London Collection of the Leges Anglorum, strongly suggests that it was not
manufactured in order to satisfy an interest in legal antiquarianism amongst the
upper echelons of the city’s administration. Most of these officials were unlikely
3 Claimants also needed to prove that their current lord was exacting services additional to those
received by the Conqueror as lord of the manor.
Introduction 7
to have been of scholarly bent. The earliest extant witness of the Collection, dating
from the start of John’s reign, was designed both to impress and to be of practical
use. That use was not confined to municipal matters, because the Collection
treated the city as the kingdom on a small scale, and the kingdom as the city on a
grand scale. The city was said to be the kingdom’s caput. The Collection was
addressed not only urbi, but also regno; it secured the attention of both these pro
jected audiences, which overlapped to a considerable degree. It appears to have
played an important part in expressing and informing opposition thinking in the
years immediately prior to Magna Carta. What was now for the first time
unequivocally termed the Coronation Charter of Henry I, and the law of King
Edward which that document had repeatedly endorsed, were turned against
Henry I’s great-grandson and successor, to telling effect (Chapter 4). This adroit
piece of political manoeuvring was of such great interest to historians of John’s
reign that some of them began to see Henry I’s Charter being invoked every
where, even on occasions when it demonstrably was not. King John himself
became so obsessed with it that in early 1215 he attempted to demand that every
free man in the kingdom swear an oath specifically against it when he was obliged
to renew his fealty to the king.
In the 1230s John’s son and successor Henry III eventually re-appropriated
Edward the Confessor for royalty. But he did so by sumptuous elaboration of the
saint’s cult established under Henry II, most spectacularly in the new abbey
church which he constructed at Westminster to replace Edward’s own building.
In it he would eventually be interred beside the splendid new shrine which he had
commissioned for the royal saint. In this devotional expression of continuity with
Old England, the focus was entirely on Edward as saint, not Edward as lawgiver
(Chapter 4). It was epitomized in the coronation ceremony, during which a new
king was invested with regalia now identified as those of the Confessor. The evo
cation of St Edward rendered the current king’s image more numinous, but Henry
III tacitly acknowledged that Edward’s law was unlikely ever again to buttress the
assertion of royal power. That implicit concession had left open the possibility of
again deploying against other kings the texts devised for and attributed to Edward
in the twelfth century, just as they had been against John.
This is exactly what happened in the reign of Edward II, named like his father
after their canonized predecessor. In a sleight of genius, the laws of St Edward
were inserted into the coronation ceremony itself, in the form of a new promise
on the part of the king to respect them. The ceremonial proclamation of the king’s
affinity with his only canonized predecessor became also the means by which he
was made to bind himself to respect the saint’s laws. A century or so after its first
compilation, the London Collection enjoyed a renaissance which, to judge from
the number of surviving copies, was even more influential than it had been in its
first, Johannine incarnation (Chapter 7). Despite the title devised for it by mod
ern historians, the London Collection was not confined to the city where it had
8 Norman Conquest in English History: Vol. 1
first been put together. Its wider pertinence was betokened by the parallel it drew
between city and kingdom. Its distinctive version of the Leges Edwardi Confessoris
not only proved peculiarly serviceable to Edward II’s opponents, it was drastically
edited and spliced into a history written in Lichfield probably just after the end of
Edward’s reign in order to provide the template of an account of the Conquest.
Similarly, texts from other twelfth-century compilations of pre- and immediately
post-Conquest royal legislation were in the fourteenth and fifteenth centuries
inserted into the idiosyncratic narratives of the Conqueror’s reign written in
monasteries in Leicestershire and Lincolnshire. The codes which were selected for
inclusion in these histories were principally those apocryphal ones which pur
ported to record the Conqueror’s endorsement of Old English law. The focus was,
in other words, on the nature of the Conquest, on King William’s supposed deter
mination that it should not alter much, legally speaking. As demonstrated in
Chapter 5, however, a very early twelfth-century collection of translated Old
English codes—Quadripartitus—was adapted, probably in Yorkshire, to provide
the framework for a substantial history of England, from the Conversion to the
aftermath of the Conquest. For this, laws of Edward the Confessor had to be freshly
concocted, because there was no code attributed to Edward in Quadripartitus.
Ancient royal law codes, translated from Old English into Latin or fabricated for
the Conqueror in the twelfth century, provided in these exceptional, provincial
late medieval histories the substance of analytical treatments of the Conquest
which in all other respects were in this period rudimentary and hackneyed.
Very occasionally, the codes also continued to be drawn upon in jurispruden
tial literature. But in this period common law jurisprudence became increasingly
technical and specialized, and was from the late thirteenth century written for the
most part in the curious law French which lawyers would eventually come to
consider one of the few lasting legacies of the Conquest. This meant that it tended
to be confined to a small, professional audience, and therefore to be of limited
influence. Sir John Fortescue, who in the second half of the fifteenth century
explicitly discussed the Conquest, albeit to endorse the conventional doctrine of
legal continuity, was in this respect very much an exception amongst later medieval
English jurists writing about English law. But his purpose was political: to contrast
royal rule in England and France, always to the detriment of the latter.
In these ways the Conquest limped along as a topic of interest, or at least of
reference, in later medieval England. In the late thirteenth century Earl Warenne
might have been unusually belligerent as a defendant when he brandished his
ancestral, rusty sword (rather than a royal charter) in the midst of court proceed
ings (Chapter 6); but his irate defence of a title to land he claimed to derive from
the Conquest would have resonated with his peers. It was and remained a mark of
distinction to assert descent from one who had come over with the Conqueror,
and/or tenure of an ancestral estate from that time. Most churches could establish
title which was far more ancient. The primary position of Henry III’s 1225 reissue
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