Trial of Penenden Heath
Encyclopedia
The Trial of Penenden Heath occurred in the decade after Norman Conquest of England
in 1066, probably in 1072, and involved a dispute between Odo Bishop of Bayeux, half-brother of William the Conqueror and Lanfranc
, Archbishop of Canterbury
and others.
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. 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," 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. William I ordered that the findings of the inquiry or 'trial
' of Odo de Bayeux were to be final.
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.
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".
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.
Precisely when the inquiry was held is unclear although many historians have determined it took place between 1075 and 1077. 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.
legal history. 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.
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, the 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.
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.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
in 1066, probably in 1072, and involved a dispute between Odo Bishop of Bayeux, half-brother of William the Conqueror and Lanfranc
Lanfranc
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...
, Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
and others.
Background
Odo de Bayeux was previously Earl of KentEarl of Kent
The peerage title Earl of Kent has been created eight times in the Peerage of England and once in the Peerage of the United Kingdom.See also Kingdom of Kent, Duke of Kent.-Earls of Kent, first creation :*Godwin, Earl of Wessex...
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
Lanfranc
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...
succeeded to the see
Episcopal See
An episcopal see is, in the original sense, the official seat of a bishop. This seat, which is also referred to as the bishop's cathedra, is placed in the bishop's principal church, which is therefore called the bishop's cathedral...
of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
and requested an inquiry into the activities of Odo (and Lanfranc's predecessor, Stigand
Stigand
Stigand was an English churchman in pre-Norman Conquest England. Although his birthdate is unknown, by 1020, he was serving as a royal chaplain and advisor. He was named Bishop of Elmham in 1043, and then later Bishop of Winchester and Archbishop of Canterbury...
) who had allegedly defrauded the Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
(and possibly the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
) during his tenure as Earl of Kent. It has subsequently been argued that: "most of the lands had been lost not to Odo, but to Earl Godwine
Godwin, Earl of Wessex
Godwin of Wessex , was one of the most powerful lords in England under the Danish king Cnut the Great and his successors. Cnut made him the first Earl of Wessex...
and his family during Edward
Edward the Confessor
Edward the Confessor also known as St. Edward the Confessor , son of Æthelred the Unready and Emma of Normandy, was one of the last Anglo-Saxon kings of England and is usually regarded as the last king of the House of Wessex, ruling from 1042 to 1066....
'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
Robert of Jumièges
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 France, before becoming abbot of Jumièges Abbey, near Rouen, in 1037...
and Godwine in 1051-2," the suggestion being that Lanfranc, despite being the Prior
Prior
Prior is an ecclesiastical title, derived from the Latin adjective for 'earlier, first', with several notable uses.-Monastic superiors:A Prior is a monastic superior, usually lower in rank than an Abbot. In the Rule of St...
of a Norman monastery
Monastery
Monastery denotes the building, or complex of buildings, that houses a room reserved for prayer as well as the domestic quarters and workplace of monastics, whether monks or nuns, and whether living in community or alone .Monasteries may vary greatly in size – a small dwelling accommodating only...
(and born in Pavia
Pavia
Pavia , the ancient Ticinum, is a town and comune of south-western Lombardy, northern Italy, 35 km south of Milan on the lower Ticino river near its confluence with the Po. It is the capital of the province of Pavia. It has a population of c. 71,000...
, Lombardy
Lombardy
Lombardy is one of the 20 regions of Italy. The capital is Milan. One-sixth of Italy's population lives in Lombardy and about one fifth of Italy's GDP is produced in this region, making it the most populous and richest region in the country and one of the richest in the whole of Europe...
), was attempting to restore the pre-conquest landholdings for the Church of Canterbury
Canterbury Cathedral
Canterbury Cathedral in Canterbury, Kent, is one of the oldest and most famous Christian structures in England and forms part of a World Heritage Site....
.
William I determined that the matter should be settled by the nobles of Kent
Kent
Kent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
and ordered that an assembly be formed on the heath at Penenden
Penenden Heath
Penenden Heath is a suburb in the town of Maidstone in Kent, England.As the name suggests it is nucleated around a former heath .-History:...
(near present-day Maidstone
Maidstone
Maidstone is the county town of Kent, England, south-east of London. The River Medway runs through the centre of the town linking Maidstone to Rochester and the Thames Estuary. Historically, the river was a source and route for much of the town's trade. Maidstone was the centre of the agricultural...
) for the purpose. William I ordered that the findings of the inquiry or 'trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
' of Odo de Bayeux were to be final.
Various prominent figures in the country at the time were called including Geoffrey de Montbray
Geoffrey de Montbray
Geoffrey de Montbray , bishop of Coutances , a right-hand man of William the Conqueror, was a type of the great feudal prelate, warrior and administrator at need....
Bishop of Coutances (who represented the King), Lanfranc (for the Church), Odo de Bayeux (defending himself), Arnost
Arnost
Arnost was a medieval Bishop of Rochester.-Life:Arnost was a monk at Bec Abbey in Normandy France before being selected for the see of Rochester. He was consecrated early 1076. He died about 15 July 1076.-References:* accessed on 30 October 2007...
Bishop of Rochester
Bishop of Rochester
The Bishop of Rochester is the ordinary of the Church of England Diocese of Rochester in the Province of Canterbury.The diocese covers the west of the county of Kent and is centred in the city of Rochester where the bishop's seat is located at the Cathedral Church of Christ and the Blessed Virgin...
, Æthelric II
Æthelric II
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...
(former Bishop of Selsey), Richard de Tunibridge
Tonbridge
Tonbridge is a market town in the English county of Kent, with a population of 30,340 in 2007. It is located on the River Medway, approximately 4 miles north of Tunbridge Wells, 12 miles south west of Maidstone and 29 miles south east of London...
, Hugh de Montfort, William de Arsic, Hamo Vicecomes and many others.
Æthelric II in particular had been compelled by William I to attend as the authority on pre-Norman law. Described as: "
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.
Precisely when the inquiry was held is unclear although many historians have determined it took place between 1075 and 1077. 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.
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-SaxonAnglo-Saxons
Anglo-Saxon is a term used by historians to designate the Germanic tribes who invaded and settled the south and east of Great Britain beginning in the early 5th century AD, and the period from their creation of the English nation to the Norman conquest. The Anglo-Saxon Era denotes the period of...
legal history. 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.
By all accounts the Penenden trial occurred prior to the Domesday survey
Domesday Book
Domesday Book , now held at The National Archives, Kew, Richmond upon Thames in South West London, is the record of the great survey of much of England and parts of Wales completed in 1086...
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, the 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.
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.