Trial of Penenden Heath

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The trial of Penenden Heath occurred in the decade after the Norman Conquest of England in 1066, probably in 1076, and involved a dispute between Odo, Bishop of Bayeux, half-brother of William the Conqueror and Lanfranc, Archbishop of Canterbury and others. [1]

Contents

Background

Odo de Bayeux was previously Earl of Kent and the primary landowner of the region subsequent to his half-brother William the Conqueror's invasion of England in 1066. In 1070, Archbishop Lanfranc succeeded to the see of Canterbury and requested an inquiry into the activities of Odo (and Lanfranc's predecessor, Stigand) who had allegedly defrauded the Church (and possibly the Crown) during his tenure as Earl of Kent. [2] It has subsequently been argued that: "most of the lands had been lost not to Odo, but to Earl Godwine and his family during Edward's reign and perhaps even earlier..." and that "Odo had simply succeeded to these encroachments and the conflict between archbishop and earl was to a large extent a reprise of that between Robert of Jumièges and Godwine in 1051-2," [3] the suggestion being that Lanfranc, despite being the Prior of a Norman monastery (and born in Pavia, Lombardy), was attempting to restore the pre-conquest landholdings for the Church of Canterbury.

William I determined that the matter should be settled by the nobles of Kent and ordered that an assembly be formed on the heath at Penenden (near present-day Maidstone) for the purpose. [4] William I ordered that the findings of the inquiry or 'trial' of Odo de Bayeux were to be final. [5]

Various prominent figures in the country at the time were called including Geoffrey de Montbray Bishop of Coutances (who represented the King), Lanfranc (for the Church), Odo de Bayeux (defending himself), Arnost Bishop of Rochester, Æthelric II (former Bishop of Selsey), Richard de Tunibridge, Hugh de Montfort, William de Arsic, Hamo Vicecomes and many others. [6]

Æthelric II in particular had been compelled by William I to attend as the authority on pre-Norman law. Described as: "[A] very old man, very learned in the laws of the land" he was brought by chariot or other carriage to Penenden Heath "in order to discuss and expound these same old legal customs". [7]

The presence of a contingent of English (or Saxon) witnesses as experts in ancient laws and customs as well as the French-born representation is regarded as a significant indication of the basis of the Church's claims being grounded in the ancient laws of the land. However it is unclear from the sources which of those laws were cited. [3]

Precisely when the inquiry was held is unclear although many historians have determined it took place between 1075 and 1077. [8] Similarly a number of varying transcripts or records of the trial exist and it is unclear which may be regarded as the definitive version of events.

The trial of Odo de Bayeux lasted three days and ended in the partial recovery of properties for the church from Odo and others. [6]

Significance and reliability

The trial is regarded by some commentators as "one of the most important events in the early history of English Law because of the light it sheds on the relationship between Norman Law and English Law" with the trial being a possible indication of Norman respect for Anglo-Saxon legal history. [3] [5] The trial was the first indictment of Odo of Bayeux perhaps setting sufficient precedent for him to be stripped of his properties entirely and imprisoned for five years following further challenges to his wealth and powers in 1082. [9]

By all accounts the Penenden trial occurred prior to the Domesday survey and was an early attempt by the church to reclaim rights and interests from the Crown and its agents. Since the assessments of property and rights which followed the trial were of significance, Domesday Book has come to be seen as a response to a need to have a definitive record of the ownership and administration of Crown property.

At the same time, doubt over the authenticity or reliability of transcripts of the trial has meant that much of the analysis of the trial's findings has been undertaken with a degree of scepticism.

The trial is known from two narratives. The older is a condensed version whilst the second, slightly later document, contains exaggerated assessments concluding with an overly-detailed description of the jurisdiction of the Archbishop of Canterbury over offences committed on the King's highways.

Analysis of the relationship between these two documents by historians suggests that the later transcript was composed after the monks of Christ Church Priory, Canterbury failed to have their claims to the trial's established privileges recorded in the Domesday Survey. [5]

Thus it has been argued that at least the later of the trial narratives should be regarded as an example of the undermining of Anglo-Saxon governance by the power of private interests rather than evidence of the continuation of Anglo-Saxon law and custom after the Conquest. [5]

Related Research Articles

<span class="mw-page-title-main">Odo of Bayeux</span> 11th-century Bishop of Bayeux and half-brother of William the Conqueror

Odo of Bayeux, Earl of Kent and Bishop of Bayeux, was the maternal half-brother of William the Conqueror, and was, for a time, second in power after the King of England.

<span class="mw-page-title-main">Lanfranc</span> 11th-century Archbishop of Canterbury, jurist and theologian

Lanfranc, OSB was a celebrated Italian jurist who renounced his career to become a Benedictine monk at Bec in Normandy. He served successively as prior of Bec Abbey and abbot of St Stephen's Abbey in Caen, Normandy and then as Archbishop of Canterbury in England, following its conquest by William the Conqueror. He is also variously known as Lanfranc of Pavia, Lanfranc of Bec, and Lanfranc of Canterbury.

<span class="mw-page-title-main">Stigand</span> 11th-century Archbishop of Canterbury

Stigand was an Anglo-Saxon churchman in pre-Norman Conquest England who became Archbishop of Canterbury. His birth date is unknown, but by 1020 he was serving as a royal chaplain and advisor. He was named Bishop of Elmham in 1043, and was later Bishop of Winchester and Archbishop of Canterbury. Stigand was an advisor to several members of the Anglo-Saxon and Norman English royal dynasties, serving six successive kings. Excommunicated by several popes for his pluralism in holding the two sees, or bishoprics, of Winchester and Canterbury concurrently, he was finally deposed in 1070, and his estates and personal wealth were confiscated by William the Conqueror. Stigand was imprisoned at Winchester, where he died.

Robert of Jumièges was the first Norman Archbishop of Canterbury. He had previously served as prior of the Abbey of St Ouen at Rouen in Normandy, before becoming abbot of Jumièges Abbey, near Rouen, in 1037. He was a good friend and adviser to the king of England, Edward the Confessor, who appointed him bishop of London in 1044, and then archbishop in 1051. Robert's time as archbishop lasted only about eighteen months. He had already come into conflict with the powerful Earl Godwin and, while archbishop, made attempts to recover lands lost to Godwin and his family. He also refused to consecrate Spearhafoc, Edward's choice to succeed Robert as Bishop of London. The rift between Robert and Godwin culminated in Robert's deposition and exile in 1052.

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<span class="mw-page-title-main">Geoffrey de Montbray</span> Bishop of Coutances (d. 1093)

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Thomas of Bayeux was Archbishop of York from 1070 until 1100. He was educated at Liège and became a royal chaplain to Duke William of Normandy, who later became King William I of England. After the Norman Conquest, the king nominated Thomas to succeed Ealdred as Archbishop of York. After Thomas' election, Lanfranc, Archbishop of Canterbury, demanded an oath from Thomas to obey him and any future Archbishops of Canterbury; this was part of Lanfranc's claim that Canterbury was the primary bishopric, and its holder the head of the English Church. Thomas countered that York had never made such an oath. As a result, Lanfranc refused to consecrate him. The King eventually persuaded Thomas to submit, but Thomas and Lanfranc continued to clash over ecclesiastical issues, including the primacy of Canterbury, which dioceses belonged to the province of York, and the question of how York's obedience to Canterbury would be expressed.

Æthelric was the second to last medieval Bishop of Selsey in England before the see was moved to Chichester. Consecrated a bishop in 1058, he was deposed in 1070 for unknown reasons and then imprisoned by King William I of England. He was considered one of the best legal experts of his time, and was even brought from his prison to attend the trial on Penenden Heath where he gave testimony about English law before the Norman Conquest of England.

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<span class="mw-page-title-main">Penenden Heath</span> Human settlement in England

Penenden Heath is a suburb in the town of Maidstone in Kent, England. As the name suggests it is nucleated around a former heath.

Events from the 1080s in England.

Events from the 1070s in England.

Wulfstan v Thomas was an early court case in English law. Bishop Wulstan, later Saint Wulfstan, was appealing to the new king against the taking of estates that had belonged to the Cathedral at Worcester.

<i>Abbot Scotland v Hamo the Sherrif</i>

'Abbot Scotland v Hamo the Sherrif' or more precisely versus Hamo the Steward, Sheriff of Kent as agent for Bishop Odo of Bayeux, the Earl of Kent (1076) was a determination by William the Conqueror of an English land law suit.

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References

  1. ↑ Quoted in "The Date of the Trial on Penenden Heath" by John Le Patourel, The English Historical Review(1946), pp. 378–388 but see talk page.
  2. ↑ "A Report on the Penenden Trial" by W. Levison, The English Historical Review, Vol. 27, No. 108 (Oct. 1912), pp. 717–720.
  3. 1 2 3 The Justification of the Conquest Archived 21 May 2011 at the Wayback Machine from Conquered England Kingship, Succession, and Tenure 1066–1166 by George Garnett, Oxford University Press, 25 January 2007
  4. ↑ The Conquest and its Aftermath by Dr Mike Ibeji at BBC History
  5. 1 2 3 4 Extraordinary privilege: the trial of Penenden Heath and the Domesday inquest, by Alan Cooper, The English Historical Review, 1 November 2001
  6. 1 2 England's Topographer Or A New and Complete History of the County of Kent by William Henry Ireland
  7. ↑ R. C. van Caenegem, English Law Suits from William I to Richard I (1990) vol 1 (Selden Society, vol 106)
  8. ↑ Feudal Empires: Norman and Plantagenet by John Le Patourel at Google Books
  9. ↑ The Normans: The History of a Dynasty (2002) by David Crouch at Google Books
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