De Iniusta Vexacione Willelmi Episcopi Primi
Encyclopedia
De Iniusta Vexacione Willelmi Episcopi Primi or Of the Unjust Persecution of the Bishop William I (sometimes translated as The Unjust Harassment of the First Bishop William) is a late 11th century historical work detailing the trial of William de St-Calais, a medieval Norman Bishop of Durham from 1081 to 1096. It is the first surviving detailed account of an English trial before the king, and as such is an important source for historians.
The work consists of three sections, an introduction, a central section that details the trial itself, and a conclusion. The introduction and conclusion summarize St-Calais' career before and after the trial. Although the authenticity of the main account has been challenged in the past, most historians consider it a contemporary record of the trial. Six manuscripts containing the work survive, and it was first printed in 1655, with other editions, including translations, appearing after that.
The trial De Iniusta details took place at Salisbury
in November 1088, and concerned St-Calais' equivocal actions in the revolt against King William II's
rule that had taken place earlier in the year. The work is one of the primary sources for the early part of King William II's reign, and was probably compiled from notes taken by the bishop's subordinates and then worked into a tractate that was designed to present the bishop's case in the best light. It was probably composed during the 1090s when St-Calais was engaged in an effort to regain the favour of King William after his return from the sentence of exile he received at the trial.
This work is the earliest surviving detailed contemporary report of an English state-trial
. As such, it is an important source for how the English kings' curia regis
, or king's court, functioned when it dealt with legal cases.
, presented the king's case, declaring that the confiscated lands had been held as fiefs
, and thus St-Calais could be tried as a vassal
, not as a bishop. St-Calais objected, and continued to refuse to answer the allegations. After numerous conferences and discussions, the court held that St-Calais could be tried as a vassal in a feudal court. St-Calais then appealed to Rome, but his request was rejected by the king and the judges. Those judging the case held that because St-Calais never answered the formal accusation, and because he appealed to Rome, his fief, or the lands he held as a bishop, was forfeit.
During the course of the trial, Lanfranc is said to have stated that the court was "trying you not in your capacity as bishop, but in regard to your fief; and in this way we judged the bishop of Bayeux in regard to his fief before the present king's father, and that king did not summon him to that plea as bishop but as brother and earl." Unlike the later case of Thomas Becket
, St-Calais received little sympathy from his fellow bishops. Most of the bishops and barons that judged the case seem to have felt that the appeal to Rome was made to avoid having to answer an accusation that St-Calais knew was true. The final judgement was only reached after the king lost his temper and exclaimed: "Believe me, bishop, you're not going back to Durham, and your men aren't going to stay at Durham, and you're not going to go free, until you release the castle."
The historian H. S. Offler in 1951 felt that the Libellus was not a contemporary account of the trial, and instead dated from the second quarter of the 12th century and was produced at Durham. More recent scholars, including W. M. Aird, Frank Barlow
, and Emma Mason have concluded that the work is indeed a contemporary record of the trial. Barlow bases his belief in the authenticity on the level of detail and the fact that the account lacks all knowledge of events outside the court, and explains that Offler's concerns can be explained by the late date for all the manuscripts, which allowed scribal errors to creep in.
One of the reasons the account's authenticity has been questioned is the fact that it claims St-Calais was knowledgeable in canon law
. Offler doubted that canon law had penetrated to England to any great degree in 1088. The historian Mark Philpott, however, argues that St-Calais was knowledgeable in canon law, since he owned a copy of one of the basis of canon law, the False Decretals
. The bishop's manuscript of the Decretals still survives.
Historians are agreed that the introduction and conclusion were added by a different author than that of the Libellus. Who that was, however, is open to debate. The historian C. W. David
felt that it was based on the work of the chronicler Symeon of Durham
, which thus made a credible date for the creation sometime between 1109 and 1129. David also felt that the Vita was used by a later work of Symeon's, the Historia Regum
. Offler, however, felt that although Symeon knew of the Libellus, there was no evidence that he used the Vita, which would leave the author of the Vita unclear.
. There are at least six manuscripts of the De Iniusta, with the earliest being Bodleian MS Fairfax 6
, probably dating from about 1375. The others are Bodleian MS Laud misc. 700 folios 66–74v, Hales MS 114 folios 63–75v (although this is missing the introduction and part of the conclusion), Cotton MS Claudius D IV
folios 48–54 (likewise missing the introduction and parts of the conclusion), Harleian MS 4843 folios 224–231, and Durham Bishop Cosins Library MS V ii
6 folio 88–98.
The first printed edition of the De Iniusta appeared in the first volume of William Dugdale
's Monasticon Anglicanum published between 1655. It has also been published as part of the collected works of Symeon of Durham, edited by Thomas Arnold in two volumes of the Rolls Series
published in 1882–1885. A translation of the work appeared in Joseph Stevenson's The Church Historians of England, published between 1853 and 1858; specifically in volume iii, part ii. A more recent translation appeared in the English Historical Documents series, volume ii.
The work consists of three sections, an introduction, a central section that details the trial itself, and a conclusion. The introduction and conclusion summarize St-Calais' career before and after the trial. Although the authenticity of the main account has been challenged in the past, most historians consider it a contemporary record of the trial. Six manuscripts containing the work survive, and it was first printed in 1655, with other editions, including translations, appearing after that.
Background
Salisbury
Salisbury is a cathedral city in Wiltshire, England and the only city in the county. It is the second largest settlement in the county...
in November 1088, and concerned St-Calais' equivocal actions in the revolt against King William II's
William II of England
William II , the third son of William I of England, was King of England from 1087 until 1100, with powers over Normandy, and influence in Scotland. He was less successful in extending control into Wales...
rule that had taken place earlier in the year. The work is one of the primary sources for the early part of King William II's reign, and was probably compiled from notes taken by the bishop's subordinates and then worked into a tractate that was designed to present the bishop's case in the best light. It was probably composed during the 1090s when St-Calais was engaged in an effort to regain the favour of King William after his return from the sentence of exile he received at the trial.
This work is the earliest surviving detailed contemporary report of an English state-trial
State trials
State trials, in English law, a name which primarily denotes all trials relating to offences against the state, but in practice is often used of cases illustrative of the law relating to state officers or of international or constitutional law....
. As such, it is an important source for how the English kings' curia regis
Curia Regis
Curia regis is a Latin term meaning "royal council" or "king's court."- England :The Curia Regis, in the Kingdom of England, was a council of tenants-in-chief and ecclesiastics that advised the king of England on legislative matters...
, or king's court, functioned when it dealt with legal cases.
Trial
De Iniusta states that St-Calais was brought before the king and royal court for trial on 2 November 1088, at Salisbury, the king having confiscated the bishop's lands before the trial. At the trial St-Calais held that as a bishop he could not be tried in a secular court, and he refused to answer the accusations. Lanfranc, Archbishop of CanterburyLanfranc
Lanfranc was Archbishop of Canterbury, and a Lombard by birth.-Early life:Lanfranc was born in the early years of the 11th century at Pavia, where later tradition held that his father, Hanbald, held a rank broadly equivalent to magistrate...
, presented the king's case, declaring that the confiscated lands had been held as fiefs
Fiefdom
A fee was the central element of feudalism and consisted of heritable lands granted under one of several varieties of feudal tenure by an overlord to a vassal who held it in fealty in return for a form of feudal allegiance and service, usually given by the...
, and thus St-Calais could be tried as a vassal
Vassal
A vassal or feudatory is a person who has entered into a mutual obligation to a lord or monarch in the context of the feudal system in medieval Europe. The obligations often included military support and mutual protection, in exchange for certain privileges, usually including the grant of land held...
, not as a bishop. St-Calais objected, and continued to refuse to answer the allegations. After numerous conferences and discussions, the court held that St-Calais could be tried as a vassal in a feudal court. St-Calais then appealed to Rome, but his request was rejected by the king and the judges. Those judging the case held that because St-Calais never answered the formal accusation, and because he appealed to Rome, his fief, or the lands he held as a bishop, was forfeit.
During the course of the trial, Lanfranc is said to have stated that the court was "trying you not in your capacity as bishop, but in regard to your fief; and in this way we judged the bishop of Bayeux in regard to his fief before the present king's father, and that king did not summon him to that plea as bishop but as brother and earl." Unlike the later case of Thomas Becket
Thomas Becket
Thomas Becket was Archbishop of Canterbury from 1162 until his murder in 1170. He is venerated as a saint and martyr by both the Roman Catholic Church and the Anglican Communion...
, St-Calais received little sympathy from his fellow bishops. Most of the bishops and barons that judged the case seem to have felt that the appeal to Rome was made to avoid having to answer an accusation that St-Calais knew was true. The final judgement was only reached after the king lost his temper and exclaimed: "Believe me, bishop, you're not going back to Durham, and your men aren't going to stay at Durham, and you're not going to go free, until you release the castle."
Contents and authenticity
De Iniusta is actually a composite work. The account of the trial itself, often termed the Libellus, is the central part of the work, and is probably the original account. To the Libellus was added an introduction which summarizes St-Calais' career prior to the trial. A conclusion which relates the bishop's life after the trial is appended to the end of the work. The introduction and conclusion are often referred to as the Vita, or Life.The historian H. S. Offler in 1951 felt that the Libellus was not a contemporary account of the trial, and instead dated from the second quarter of the 12th century and was produced at Durham. More recent scholars, including W. M. Aird, Frank Barlow
Frank Barlow (historian)
Frank Barlow CBE FBA FRSL was a British historian, known particularly for biographies of medieval figures.Barlow studied at St John's College, Oxford. He was Professor of History at the University of Exeter from 1953 until he retired in 1976 and became Emeritus Professor...
, and Emma Mason have concluded that the work is indeed a contemporary record of the trial. Barlow bases his belief in the authenticity on the level of detail and the fact that the account lacks all knowledge of events outside the court, and explains that Offler's concerns can be explained by the late date for all the manuscripts, which allowed scribal errors to creep in.
One of the reasons the account's authenticity has been questioned is the fact that it claims St-Calais was knowledgeable in canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
. Offler doubted that canon law had penetrated to England to any great degree in 1088. The historian Mark Philpott, however, argues that St-Calais was knowledgeable in canon law, since he owned a copy of one of the basis of canon law, the False Decretals
Pseudo-Isidore
Pseudo-Isidore is the pseudonym given to the scholar or group of scholars responsible for the Pseudo-Isidorean Decretals, the most extensive and influential set of forgeries found in medieval Canon law. The authors were a group of Frankish clerics writing in the second quarter of the ninth century...
. The bishop's manuscript of the Decretals still survives.
Historians are agreed that the introduction and conclusion were added by a different author than that of the Libellus. Who that was, however, is open to debate. The historian C. W. David
Charles Wendell David
Charles Wendell David was a noted American bibliophile, medievalist and librarian. He worked tirelessly both to reconstruct Europe's war-torn repositories and to establish new libraries in the United States.-Biography:...
felt that it was based on the work of the chronicler Symeon of Durham
Symeon of Durham
Symeon of Durham was an English chronicler and a monk of Durham Priory. When William of Saint-Calais returned from his Norman exile in 1091, Symeon was probably in his company...
, which thus made a credible date for the creation sometime between 1109 and 1129. David also felt that the Vita was used by a later work of Symeon's, the Historia Regum
Historia Regum
The Historia Regum is a historical compilation attributed to Symeon of Durham, which presents material going from the death of Bede until 1129. It survives only in one manuscript compiled in Yorkshire in the mid-to-late 12th century, though the material is earlier...
. Offler, however, felt that although Symeon knew of the Libellus, there was no evidence that he used the Vita, which would leave the author of the Vita unclear.
Manuscripts and printed editions
In manuscripts, the De Iniusta normally appears alongside Symeon of Durham's Historiae Ecclesiae DunelmensisLibellus de exordio
The Libellus de exordio atque procursu istius, hoc est Dunhelmensis, ecclesie , in short Libellus de exordio, is a historical work of marked literary character composed and compiled in the early 12th-century and traditionally attributed to Symeon of Durham...
. There are at least six manuscripts of the De Iniusta, with the earliest being Bodleian MS Fairfax 6
Bodleian Library
The Bodleian Library , the main research library of the University of Oxford, is one of the oldest libraries in Europe, and in Britain is second in size only to the British Library...
, probably dating from about 1375. The others are Bodleian MS Laud misc. 700 folios 66–74v, Hales MS 114 folios 63–75v (although this is missing the introduction and part of the conclusion), Cotton MS Claudius D IV
Cotton library
The Cotton or Cottonian library was collected privately by Sir Robert Bruce Cotton M.P. , an antiquarian and bibliophile, and was the basis of the British Library...
folios 48–54 (likewise missing the introduction and parts of the conclusion), Harleian MS 4843 folios 224–231, and Durham Bishop Cosins Library MS V ii
Durham Cathedral
The Cathedral Church of Christ, Blessed Mary the Virgin and St Cuthbert of Durham is a cathedral in the city of Durham, England, the seat of the Anglican Bishop of Durham. The Bishopric dates from 995, with the present cathedral being founded in AD 1093...
6 folio 88–98.
The first printed edition of the De Iniusta appeared in the first volume of William Dugdale
William Dugdale
Sir William Dugdale was an English antiquary and herald. As a scholar he was influential in the development of medieval history as an academic subject.-Life:...
's Monasticon Anglicanum published between 1655. It has also been published as part of the collected works of Symeon of Durham, edited by Thomas Arnold in two volumes of the Rolls Series
Rolls Series
The Rolls Series, official title The Chronicles and Memorials of Great Britain and Ireland during the Middle Ages, is a major collection of British and Irish historical materials and primary sources, published in the second half of the 19th century. Some 255 volumes, representing 99 separate...
published in 1882–1885. A translation of the work appeared in Joseph Stevenson's The Church Historians of England, published between 1853 and 1858; specifically in volume iii, part ii. A more recent translation appeared in the English Historical Documents series, volume ii.