Book contents
- Frontmatter
- Dedication
- Contents
- List of Illustrations
- Abbreviations
- Introduction
- PART I LAYING DOWN THE LAW: 600–1500
- 1 The Promulgation of the Law in Anglo-Saxon England
- 2 The Enforcement of the Law in Anglo-Saxon England
- 3 A Norman Yoke?
- 4 Henry II and the Creation of the Common Law
- 5 Becket and Criminous Clergy
- 6 The Achievement of Henry II
- 7 Magna Carta
- 8 From Ordeal to Jury
- 9 Legal Eagles
- PART II CONFLICT OF LAWS: 1500–1766
- PART III THE TRANSFORMATION OF THE LAW
- PART IV THE RULE OF LAW: 1907–2014
- Bibliography
- Index
3 - A Norman Yoke?
from PART I - LAYING DOWN THE LAW: 600–1500
Published online by Cambridge University Press: 05 May 2015
- Frontmatter
- Dedication
- Contents
- List of Illustrations
- Abbreviations
- Introduction
- PART I LAYING DOWN THE LAW: 600–1500
- 1 The Promulgation of the Law in Anglo-Saxon England
- 2 The Enforcement of the Law in Anglo-Saxon England
- 3 A Norman Yoke?
- 4 Henry II and the Creation of the Common Law
- 5 Becket and Criminous Clergy
- 6 The Achievement of Henry II
- 7 Magna Carta
- 8 From Ordeal to Jury
- 9 Legal Eagles
- PART II CONFLICT OF LAWS: 1500–1766
- PART III THE TRANSFORMATION OF THE LAW
- PART IV THE RULE OF LAW: 1907–2014
- Bibliography
- Index
Summary
Norman saw on English oak,
On English neck a Norman yoke:
Norman spoon in English dish,
And England ruled as Normans wish.
Walter Scott, IvanhoeThe Saxon is not like us Normans. His manners are not so polite.
But he never means anything serious till he talks about justice and right.
When he stands like an ox in the furrow with his sullen set eyes on your own,
And grumbles, ‘This isn't fair dealing’, my son, leave the Saxon alone.
Rudyard Kipling, ‘Norman and Saxon, a.d. 1100’In 1066 Duke William of Normandy landed at Pevensey Bay in East Sussex, and killed Harold, the last Anglo-Saxon king, at the battle of Hastings. England was conquered. Two meteors had collided. Edmund Burke called it ‘the great era of our laws’ when the poor stream of English jurisprudence was replenished ‘as from a mighty flood’. Later, F. W. Maitland, our pre-eminent legal historian, in a memorable phrase stated that ‘the Norman conquest is a catastrophe which determines the whole future of English law’.
Well was it and did it? Yes and no. The effects of the Norman Conquest are debated to this day. Certainly immigration, insemination and assimilation were nothing new. The Normans were the last in a long line of conquering invaders, from the Romans, through the Anglo-Saxons themselves, to the Vikings. They themselves were only just French, having been Norse raiders – or ‘pirates’ – until the early tenth century when they were granted settlement rights in what became the Duchy of Normandy. Nor were they strangers to England. Edward the Confessor's mother was Norman – she was William's great-aunt – Edward himself spent his youth in Normandy, and Norman clerics already held some ecclesiastical positions in England.
William ‘the Conqueror’ is somewhat misnamed, and it is not an appellation coined in his time – contemporaries called him ‘the Bastard’.
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- Law, Liberty and the ConstitutionA Brief History of the Common Law, pp. 33 - 45Publisher: Boydell & BrewerPrint publication year: 2015