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Banishment in Medieval English Political History

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Banishment in Medieval English Political History Banishment in Medieval English Political History KENNETH F. MEREDITH* The only form of banishment to receive formal recognition in medieval English common law was the process called abjuring the realm. This originated as a way to dispose of suspected criminals who had fled to the sanctuary of a church. The criminal was given forty days in which to choose between coming out and standing trial, or confessing his crime and abjuring the realm. If he chose the latter, he took a solemn oath to leave the country and never return. He was required to depart within forty days, barefoot, dressed as a penitent and carrying a wooden cross. Death was the penalty for straying from the path or returning to England. 1 Abjuration was sometimes used in other circumstances. Under Henry II's Assize of Clarendon, ordinary criminals accused of notorious wrongdoing were required to abjure the realm if they successfully completed their ordeal (they faced mutilation and abjuration if they failed). Despite some variations, abjuration usually involved three characteristics. First, it was usually viewed as a merciful substitute for capital punishment. Second, it was often employed when the criminal could make some claim to special treatment, such a~ the protection of the sanctuary of a church or a successful trial by ordeal, as a guarantee against more severe punishment. Third, an oath to leave the country and never return was required. In addition to this recognized form of banishment, there were also numerous cases in which the king sent men into exile under different conditions. Many of these irregular banishments are more closely related to political history than to legal history, and represent the exercise of royal prerogative rather than the application of the common law. The purpose of this paper is to examine the changing uses to which such political banishment *Mr. Meredith, the second place winner, took his B.A. from Albright College and his M.A. from the University of Virginia. He is a candidate for the Ph.D. degree in medieval history, with a specialty in medieval England. 26 ESSAYS IN HISTORY, 1975 was put and the various forms it assumed. The basic pattern that emerges reveals a gradual development from an _esse~tial~y informal, extra-legal use of banishmen~ toward a s1tuat10n m which banishment would become recogmzed as a regular feature of English politics. This recognition was never quite ach_ieved, ~nd after 1327 banishment faded in importance as a tool m English political life. Two factors seem especially significant in describing these changes. The first is the degree to which banishment was freed from the conditions and formulas of abjuration. The second is the increasing tendency for banishment to be imposed by regular judicial proceedings rather than by simple royal prerogative. I The Anglo-Saxon Period: Ambiguity Banishment was the prescribed punishment for some offenses in the later Anglo-Saxon law codes. There are also frequent references in the chronicles to what may have been political banishments of the kind being considered in this study. Usually, however, the information available is too sparse to be certain that the individuals were not simply forced to flee from their enemies. References in the Anglo-Saxon Chronicles that seem at first sight to suggest the banishment of princes and nobles often prove to be hopelessly ambiguous. "The exile Ealdberht," for example, seems to have fled from his kingdom. The same Anglo-Saxon term may be used to indicate the expulsion of either a political opponent or a Viking army. 2 Speaking of the best-known banishment of a religious figure in Anglo-Saxon times, a recent biographer of St. Dunstan concluded that there is no way of knowing whether his departure from England in 956 was the result of a sentence of banishment or an escape from a hostile ruler. 3 The expulsion of Earl Godwin in 1051 is probably the most fully described example of banishment from the Anglo-Saxon period, and the reports of it are directly contradictory. The Laud Chronicle of Peterborough indicates that Godwin and his sons were given five days in which to leave the country, clearly implying a formal royal banishment. The Worcester Chronicle, in contrast, reports that Godwin refused to appear before the king, fled by night, and was BANISHMENT IN MEDIEVAL ENGLAND 27 outlawed. 4 The evidence is simply too ambiguous to determine whether the Anglo-Saxon rulers made regular use of sentences of banishment as a political tool. II The Anglo-Norman Period: Banishment by Compromise Several times during the unsuccessful baronial revolts that marked the reigns of William the Conqueror and his sons banishment was agreed upon as a substitute for more severe punishment in the settlement between the king and rebel forces. Banishment instead of death appeared as one of the terms under which the rebels agreed to end their revolt. The revolt of 1075 provides the first example ..The three leading participants were Earl Roger of Hereford, Earl Waltheof of Huntingdon, and the Breton lord Ralph de Gael, earl of Norfolk. Roger was captured and imprisoned; Waltheof surrendered and was executed under Anglo-Saxon law. Ralph escaped to his lands in Brittany, but his wife Emma remained to defend the castle of Norwich. After successfully holding off the royal forces, Emma and her Breton soldiers were allowed to go into exile. A description of the terms of surrender, contained in a letter from Archbishop Lanfranc to King William, implies that banishment was the result of something like a treaty with the besieged but still unconquered garrison, and not a judicial sentence. The letter's suggestion that only this agreement saved Emma's mercenaries from execution and the harsher punishments imposed on the other leaders of the revolt both support the impression that this banishment was a political compromise and not a judicial decision. 5 The revolt of Bishop Odo of Bayeux in 1088 and his subsequent banishment was similar to the revolt of 1075 in some ways. Odo, holding Pevensey against William II, surrendered when Duke Robert of Normandy failed to come to his aid. The conditions of Odo's surrender 'clearly suggest a tactical compromise: he was to arrange the surrender of Rochester, as yet not even under siege, and then go into exile. Odo, however, did not carry out his side of the agreement. He escaped into Rochester and again defied the 28 ESSAYS IN HISTORY, 1975 king. This time there is nothing to suggest an agreement between king and rebel, for Ordericus reports that. o?ly the stren~ous intervention of the loyal barons forced WIiham to substitute banishment for the death or mutilation he intended for Odo and his garrison. The first sentence of banishment against Odo, on the other hand, very much resembles a political compromise, ensuring that Odo, newly released from William I's prisons, would not be imprisoned by William II, and allowing William to secure Rochester without the trouble of a siege. 6 Another abortive agreement arising from the revolt of 1088 also represents an example of banishment by mutual agreement. William of St. Calais, the bishop of Durham, was accused of aiding the revolt. Claiming clerical privilege, he refused to plead before the royal court. A compromise was eventually reached. The bishop would appear before the court under the protection of three great English lords. If these guarantors felt that the court's decision was unfair, they swore to return him to Durham. If, on the other hand, the king's case seemed just, they agreed to see that the bishop was allowed to collect his movable property and leave the country after surrendering Durham castle. Although never put into effect, this case again shows banishment as part of a political compromise. 7 One final example of banishment by compromise in the Anglo-Norman period was the revolt of Robert de Belleme against Henry I in 1102. Henry's rapid capture of Bridgnorth castle broke the back of Belleme's resistance. He was in Arundel castle at the time. When he heard of Bridgnorth's surrender, "Arundel repressed its insolence; putting itself under the king's protection, with this remarkable condition; that its lord, without personal injury, should be suffered to retire to Normandy." 8 These four cases from the Anglo-Norman period all share the appearance of being essentially compromise agreements between the king _and a frustrated but not completely subdued enemy, unde~ which the rebel secured personal safety and the king gained a rapid end to the revolt. There is no evidence that any of them was_ ~~e result of regular judicial proceedings, although the flexibility of the Norman curia regis makes it impossible to be sure. Some of the features of abjuration were present in some cases. The banishment of Countess Emma and the final BANISHMENT IN MEDIEVAL ENGLAND 29 banishment of Bishop Odo are said to have been in part the result of the intercession of the loyal barons. Countess Emma was given forty days to depart, and Robert de Belleme had to swear an oath to leave the country. All, to some degree, were banished as a substitute for a more severe punishment. Yet in general, despite the resemblances to common law abjuration, these cases of banishment seem to be essentially matters of political convenience, without much of a judicial character. III Stephen to Richard I: Banishment by Arbitrary Command As the new English monarch's grip on the country became stronger, banishment as the result of compromise between the king and a rebel leader largely disappeared. Henry I, once he was securely in control of the kingdom, is not known to have used banishment against his political opponents.
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