This, it must of course be remembered, is all hypothesis, a hypothesis suggested by the facts. If it were proved that at the time when the Ely return was made, the 'second' volume had been compiled, and the 'first' had not, I should have established my case. But it might be urged that the 'first' volume did exist at the time, and that the Ely scribes used the returns instead, because they contained fuller information. To this I reply, so far as the details of the estates are concerned, that neither the terms of the writ nor the heading of the Inquisitio involved the inclusion of such details as Domesday Book omitted. If the scribes inserted them, it must have been merely because they inserted everything they found in the records from which they copied. It might still be urged that they went to the returns for the names of the juratores; but why, if so, did they not do so for the three eastern counties? It certainly seems to me to be the most satisfactory explanation that the materials supplied for compiling this return, as being the recognized official records, were the so-called 'second' volume of Domesday, and (for the rest) the original returns.
XIX. FIRST MENTION OF DOMESDAY BOOK
No one nowadays should require to be told that the pseudo-Ingulf's dealings with Domesday are devoid of all authority. Some, however, may still believe in the tale found in that 'Continuatio' of his chronicle which is fathered on Peter of Blois. It is there that Ellis found (putting Ingulf aside) the only case of an appeal to its witness before the reign of John.[253]
With the 'Continuatio' I shall deal below,[254] but I would observe, while on the subject, that the 'pseudo-Ingulf' (charters and all) was, I believe, largely concocted by the help of hints gathered from Domesday Book.
The absence of any authoritative mention, in its early days, of our great record gives a special importance to an entry in the Chronicle of Abingdon (ii. 115-6), where we read that Abbot Faritius was impleaded by certain men:
Sed is abbas in castello Wincestre coram episcopis Rogero Saresberiensi, et Roberto Lincolniensi, et Ricardo Londoniensi, et multis regis baronibus, ratiocinando ostendit declamationem eorum injustam esse. Quare, justiciarorum regis judicio obtinuit ut illud manerium, etc. ... sed quia rex tunc in Normanniâ erat, regina, quæ tunc præsens erat, taliter hoc sigillo suo confirmavit.
Then follows the Queen's writ, announcing the decision of the plea held in the royal 'Curia', together with the names of the 'barons' present. These names enable us to determine a certain limit for the date of the plea. 'Thurstinus Capellamus', for instance, implies that it was previous to his obtaining the See of York in 1114, while the presence of Richard, Bishop of London, places it subsequent to July 26, 1108. It must, therefore, have been held during the King's absence between July 1108 and the end of May 1109; or in his later absence from August 1111 to the summer of 1113.
The action of the Queen in presiding over this placitum illustrates a recognized practice, of which we have an instance in Domesday itself (i. 238b), where it is stated that Bishop Wulfstan, 'terram deplacitasse coram regina Mathilde in presentia iiiior. vicecomitatuum'. The Queen's description of the Curia Regis as 'curia domini mei et mea' should be compared with the phrase employed by the Queen of Henry II, who, similarly acting in her husband's absence, speaks of the Great Justiciar as 'Justicia Regis et mea'.
But the essential portion of the passage before us is this: