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The Domesday book, surviving now in the National Archives in London, was the great land survey of 1086 instigated by William the Conqueror to enable him to tax the land correctly. It summarises in a largely formulaic format in Latin the holdings of each of the royal tenants and the population and property across most of the country. The huge work contains amazing detail about named individuals. Here short excerpts are also included from Henry of Huntingdon’s History of the English and from the work called the Dialogue of the Exchequer which describes the DOmesday book and its inception.
The theme of forests includes here a twelfth-century description of the legal concept of the forest, a letter of mandate concerning a forest near Worcester under his jurisdiction by Count Waleran of Meulan, some of the clauses containing regulations, rights and responsibilites in the Charter of the Forest of 1217, related to the Magna Carta, a possibly criminal incident recorded among the Pleas of the Forest, a patent roll recording the grant of firewood to his daughter at her monastery of Amesbury, by king Edward I.
The first part of this chapter draws attention to some largely overlooked passages in the early twelfth-century legal compilation, Leis Willelme. This largely consists of Old English laws but contains some additions which were designed to remedy the deficiencies of those laws when it came to disciplining the peasantry. They would also, if put into effect, have considerably undermined the traditional system of vouching to warranty. The second part of the chapter describes a late twelfth-century view of how matters were settled between the newcomers and the indigenous landholders in the aftermath of the Conquest. Richard FitzNigel’s ‘Dialogue of the Exchequer’ describes a fractured process, one of negotiation and re-negotiation before ‘lawful agreements’ were arrived at, conveying ‘inviolable right’. That this became an accepted narrative, justifying e social relationships throughout society appears in Bracton’s doctrine of villeinage in the thirteenth century and that of the author of ‘the Mirror of Justices’ early in the fourteenth.