by Joseph Gies
Splendidly representative of the great Norman barons of the twelfth century were the lords of Chepstow Castle. After the disgrace and imprisonment of William Fitz Osbern’s son Roger, the royal power had retained possession of Chepstow, but sometime prior to 1119 Henry I granted it, with all its vast dependencies, to Walter de Clare, a kinsman and loyal stalwart of the king. Walter, remembered for founding Tintern Abbey, one of the greatest of the great English medieval monasteries, was succeeded at Chepstow by his nephew Gilbert Fitz Gilbert de Clare, who aggressively extended the family’s Welsh holdings and in 1138 was made earl of Pembroke. Gilbert, surnamed Strongbow, plotted and took arms against the royal power, but turned around and came to terms with it, marrying the king’s mistress, Isabel of Leicester. Their son. Richard Fitz Gilbert, also surnamed Strongbow, became one of the most renowned of all the famous Norman soldier-adventurers of his age. In 1170 this second Strongbow conquered the greater part of Ireland, taking Waterford and Dublin and restoring to power King Dermot MacMurrough of Leinster, in return for Dermot’s daughter Eve and the bequest of his kingdom. On Dermot’s death Strongbow made good his conquest by defending Dublin against a two-month siege by a rival Irish king, and demonstrated his loyalty (and political sagacity) by arranging to do homage for his conquest to the new king of England, Henry II (Plantagenet).
Strongbow’s only son dying in childhood, his daughter Isabel became heiress for the immense holdings of the Clare family in western England, Wales, and Ireland. The choice of Isabel’s husband, the new lord of Chepstow, was of obvious moment to the royal power. Henry II exercised his feudal right as lord with his habitual prudence, and Isabel was betrothed to a landless but illustrious supporter of the Crown, Guillaume le Maréchal, or William Marshal, the most admired knight of his day, and a prime example of the upward mobility that characterized the age of the castle.
William Marshal’s grandfather had been an official at the court of Henry I. His name was simply Gilbert; maréchal (“head groom”) was the name of his post. The office was sufficiently remunerative for Gilbert to defend it against rival claimants by judicial duel, and for his son John, William’s father, to go a step farther and successfully assert by judicial combat that the job was hereditary. Following his victory John assumed the aristocratic-sounding name of John Fitz Gilbert le Maréchal.
In the chronicle of the civil war between Stephen of Blois (nephew of Henry I) and Matilda of Anjou (Henry I’s daughter) over the English throne, John le Maréchal, or John Marshal, won mention as “a limb of hell and the root of all evil.” Two instances of his hardihood especially drew the notice of the chroniclers. Choosing Matilda’s side in the war, John at one moment found himself in a desperate case: to cover Matilda’s retreat from a pursuing army he barricaded himself in a church with a handful of followers. Stephen’s men set fire to the church, and John, with one companion, climbed to the bell tower. Though the lead on the tower roof melted and a drop splashed on John Marshal’s face, putting out an eye, he refused to surrender, and when his enemies concluded that he must be dead in the smoking ruins, made good his escape.
A few years and many escapades later John was prevailed upon to hand over his young son William to the now King Stephen as a hostage against a possible act of treachery during a truce. John then went ahead and committed the treachery, reinforcing a castle the king was besieging. King Stephen threatened to hang young William unless the castle surrendered. The threat had no effect on John, who coolly answered that he did not care if his son were hanged, since he had “the anvils and hammer with which to forge still better sons.”
The lad was accordingly led out next morning toward an oak tree, but his cheerful innocence won the heart of King Stephen, a man of softer mold than John Marshal. Picking the boy up, the king rode back to camp, refusing to allow him to be hanged, or—an alternative proposal from the entourage—to be catapulted over the castle wall. The king and the boy were later found playing “knights” with plantain weeds and laughing uproariously when William knocked the head off the king’s plantain. Such tenderheart-edness in a monarch was almost as little admired as John Marshal’s brutality, The Anglo-Saxon Chronicle succinctly observing of Stephen that “He was a mild man, soft and good, and did no justice.”
Thanks to Stephen’s lack of justice, William Marshal was permitted to grow up to become the most distinguished of all the lords of Chepstow Castle and the most renowned knight of his time. Gifted with his father’s soldierly prowess but free of his rascally character, William first served King Stephen and afterward his Plantagenet successor, Henry II (son of the defeated Matilda of Anjou), from whom he received Chepstow along with Isabel de Clare, the “pucelle [damsel] of Estriguil, good, beautiful, courteous and wise,” according to William’s biographer. The gift was confirmed by Henry’s successor, Richard the Lionhearted, who generously (or sensibly) overlooked a past episode when William had fought Richard during the latter’s rebellion against his father. As a member of the royal council, William served Richard and Richard’s brother John for many years and played a leading—perhaps the leading—role in negotiating Magna Carta. On John’s death he efficiently put down the rebel barons supporting Prince Louis of France and during a reluctant but statesmanlike term as regent established the boy Henry III securely on the throne.
William was succeeded as lord of Chepstow and earl of Pembroke by each of his five sons, one after the other. William Marshal II died in 1231, and was succeeded by his brother Richard, who was murdered in Ireland in 1234, possibly at the instigation of Henry III. The third son, Gilbert, died in 1241 from an accident in a tournament at Hertford. Four years later Walter Marshal succumbed, and was outlived by the fifth brother, Anselm, by only eight days. Thus was fulfilled a curse pronounced at the time of their father’s death by the bishop of Fernes in Ireland. William had seized two manors belonging to the bishop’s church, and the bishop had pronounced excommunication. The sentence had no effect on William Marshal, but it troubled the young king Henry III, who promised to restore the manors if the bishop would visit William’s tomb and absolve his soul. The bishop went to the Temple, where William was buried, and in the presence of the king and his court addressed the dead man, as Matthew Paris commented, “as if addressing a living [person]. ‘William, if the possessions which you wrongfully deprived my church of be
Pembroke Castle, Wales: Round keep built by William Marshal about 1200. (Department of the Environment)
restored…I absolve you; if otherwise, I confirm the said sentence that, being enmeshed in your sins, you may remain in hell a condemned man for ever.’” The king, though annoyed by the bishop’s response, asked William Marshal II to return the manors. William refused, his brothers upheld his position, the young king abandoned his attempt at reconciliation, and the bishop pronounced his curse: “‘In one generation his name shall be destroyed’ [in the words of the psalm] and his sons shall be without share in that benediction of the Lord, ‘Increase and multiply!’ Some of them will die a lamentable death, and their inheritance will be scattered.” Chepstow passed out of the family by way of William’s daughter Maud, who inherited after the death of Anselm in 1245.
On Maud’s death in 1248, the royal power had no hand in settling the ownership of Chepstow because Maud had been a widow with grown sons. Her husband had been a Bigod, a Norman family that had risen to prominence after the Conquest. The new lord of Chepstow was Maud’s oldest son, Roger Bigod, who also had the title of earl of Norfolk, and who now acquired the unique one of “earl marshal of England,” an honor won by William Marshal and now officially made hereditary. The name “marshal” thus completed a cycle from designation of a job to surname to title of nobility.
Had the king been able to choose Maud’s husband, he might well have passed over the Bigods, one of the most unruly families in the kingdom. Roger Bigod proved true to the tradition of his own forebears rather than to that of loyalist William Marshal. Roger joined Simon de Montfort’s rebellion that wrested control
of the government from Henry III, then changed sides and fought against Montfort at the battle of Lewes in 1264. Roger was succeeded by his nephew, also named Roger, who turned once more against the royal power, which he battled for many years.
Although one of their characteristics worth noting is individuality—William Marshal contrasted with the Bigods—the lords of Chepstow share a number of traits that may be taken as those of the great English lord of the High Middle Ages, and to a considerable degree, those of European lords in general. One, relatively superficial, is their Frenchness. The Clares, Marshals, and Bigods, French in origin, continued to speak French, the language of the elite, for several generations. They were French in other ways, as were the Flemish, Spanish, and German barons of the same period, France supplying not only the language of the nobility but the style—the Crusade, the chanson de geste, the trouvère and troubadour poetry, the tournament, the castle, the cathedral architecture.
A more deeply ingrained trait of the lords of the castles was their love of land. Even more than their much-advertised love of fighting, their dedication to getting, keeping, and enlarging their estates dominated their lives. Estate management itself, even on a smaller scale than Chepstow, was extremely demanding. No lord, however fond of fighting, could afford to neglect his estates. Many twelfth-and thirteenth-century lords passed up perfectly good wars and even stubbornly resisted participating in them because it meant leaving their lands. Few English lords, and by the thirteenth century few Continental lords, participated in the distant Crusades; they left the Holy Land to be defended mainly by Knights Templars and mercenaries. English barons even objected strenuously to fighting in defense of their king’s French territories. Roger Bigod, future lord of Chepstow, and others accompanied Henry III to France only reluctantly in 1242, seizing the earliest opportunity to protest that the king had “unadvisedly dragged them from their own homes.” whither they at once returned.
Land was the basis of lordship, and living on, by, and for the land had an undoubted influence on the lord’s personality. He drew his revenues from it, and used his nonfarming lands for hunting.
Politics certainly interested the lord, but nearly always because of its relation to land economics. If the sovereign’s demands grew excessive, or if self-interest dictated, the baron seldom hesitated to take up arms in rebellion, his feudal oath notwithstanding. He sat on the king’s council and attended what in the thirteenth century was beginning to be called parliament, partly to help the king make decisions, but mainly to look out for his own interests.
Between politics and estate management, the lord’s days were typically crowded. Far from loafing in his castle during the intervals between wars, he scarcely found time to execute his many functions. At Chepstow, where the Fitz Osberns and Clares were “marcher” earls, enjoying the power that went with guarding the frontier, and where the later Marshals and Bigods had the distinction of the title of earl marshal, they exercised major functions: police, judicial, and fiscal. Such powers, delegated to the marcher earls by the king, gave them much of the independent status enjoyed by the great Continental dukes, counts, and bishops, who paid only nominal allegiance to their sovereigns and even possessed such regalian rights as that of coinage.
Most Norman barons of England were much more tightly circumscribed by the authority of the Crown. In 1086, in the setting of Roman-walled Old Sarum, William the Conqueror accepted homage and fealty from “all the landholding men of any account,” that is, not only the barely two hundred tenants-in-chief but the barons’ vassals. William’s successors continued to encroach on baronial prerogatives. The criminal jurisdiction that traditionally belonged to large landholders was gradually usurped by the Crown. Under Henry II the Curia Regis, the royal council, assumed the role of an appeals court, as did the king’s eyre (itinerant justices), whose visits to the shires to settle property suits were regularized by the later years of Henry II.
Henry II also gave decisive impetus to the jury system, which after 1166 was regularly employed to investigate crimes and to settle important civil cases. The law dispensed was a mixture of the old codes of the Saxon kings, feudal custom brought over from Normandy, and new decrees. Judgments were severe: Thieves were hanged, traitors blinded, other offenders mutilated. Sometimes a criminal was drawn and quartered. Prisoners might be confined in a castle tower or basement to await ransom or sentencing, but rarely as punishment, prison as punishment being little known in the Middle Ages. The term “dungeon” (from donjon) as a synonym for prison dates from a later era when many castles were so employed.
Though justice was summary, it was not unenlightened. Torture was not often employed even to extract confessions from thieves, confession hardly being needed if the man was caught with the goods. The records of many court cases, both civil and criminal, reveal considerable effort to determine the truth, and not infrequently a degree of lenience. By the thirteenth century the worst of the ancient barbarian legal practices were being abandoned. In 1215 the Lateran Council condemned trial by ordeal, in which a defendant strove to prove his veracity by grasping a red-hot iron without seriously burning his hand or by sinking when thrown into water, and in 1219 the custom was outlawed in England. Judicial combat, by which the defendant or his champion fought the accuser, survived longer.
On the Continent, justice was divided into high and low, with administration of high justice, comprising crimes of violence, arson, rape, kidnapping, theft, treason, counter-feiting, and false measure, generally held by the largest feudatories—kings, dukes, counts, bishops, abbots, and other great lords. The complications of the feudal system led
Chinon, on the Vienne, France: The Château du Coudray, separated from the rest of the castle by a wide moat; in the foreground the Tour du Coudray, a round keep built by Philip Augustus in the thirteenth century. The Templars were held for trial here in 1308. (Archives Photographiques)
to many special arrangements by which a lord might retain low justice, give it up to another lord, or keep only the money fines and give up the confiscations of property. Great lords, of course, did not preside over their own courts either in England or on the Continent, but were represented by provosts and seneschals.
Robbed of much of their judicial power, and thus of important revenues from the fines and confiscations, the English barons sought to compensate by acquiring posts in the royal government. The most important was that of justiciar of the realm, created by Henry I, made permanent as a kind of prime minister by Henry II, and disappearing in the thirteenth century. Other great officers of state included the chancellor, the chamberlain, the treasurer, the marshal, and the constable, backed by lesser or assistant justiciars and a throng of subordinate officials. On the local level, William the Conqueror had found an ideal policing instrument in the old Anglo-Saxon post of sheriff, chief officer of the shire (county), and had entrusted it throughout the country to his Normans.
William began by choosing his officials from among his greatest barons, such as Chepstow’s William Fitz Osbern. But the tendency of many of these men, made doubly powerful by possessions and official posts, to assume independent power, induced a change of policy. Young Henry III had as his chief justiciar Hubert de Burgh, a member of a knightly family of moderate means, who acquired nearly dictatorial powers and immense wealth that apparently led to his downfall in 1232. The office of justiciar was then left vacant, and its powers passed to the chancellor.
The sheriffdom, or shrievalty, was even more a focus of conflict as the fractious barons strove to occupy it themselves or place it in friendly local hands. By the thirteenth century the office had become one of the most embattled prizes of the baronial-royal conflict. Loyal William Marshal served the king ably and faithfully as sheriff (as well as marshal, assistant justiciar, and regent), but he was an exception. More typical was ambitious, rebellious Falkes de Bréauté, who at one time held the sheriffdom in several different counties but was ultimately stripped of all office. After the baronial victory at Lewe
s in 1264, the barons replaced royal sheriffs wholesale, but following the royal victory at Evesham the next year, the barons’ men were all turned out again. Thus the sheriff’s office, which embraced important police, fiscal, and judicial functions on the county level, kept the English barons occupied in one way or another, either exercising the office or battling to control it.
On the Continent in the eighth century, the time of Charlemagne, the local government was administered in a unit much like the English one: the pagus or comitatus, counterpart of the English shire, and like the shire divided into hundreds (centenae), with local judicial and police powers. The court of the pagus was presided over either by the emperor’s official, the count, or by his deputy, the viscount, the French equivalent of the sheriff. But development on the Continent followed a very different course. By the twelfth century, the pagi and their courts had almost disappeared, their territory and jurisdiction taken over by local feudal lords, often descendants of the old local officials, whose offices had become hereditary. In the courts of these lords most of the judicial business of the land was conducted, and they exercised most of the police and military power. In the thirteenth century the French monarchy was steadily encroaching on the great feudatories by increasing the royal domain at their expense, but the process was far from complete. Lesser barons and knights found employment in both the royal and the feudal administrations, as viscounts, bailiffs, seneschals, provosts of a town, keepers of trade fairs, and many other offices.