1066 - Andrew Bridgeford [47]
As King Edward lay dying, the question whether Earl Harold might yet adhere to the sacred oath he had given to Duke William was still hanging on a knife-edge. The Life of King Edward makes no reference to the oath, nor to Duke William's claim at all, but it does describe Edward's dying bequest.9 This must be the very moment, the very gesture, that we can see in the Bayeux Tapestry [scene 26; plate 6]. 'And stretching forth his hand to [Harold], he said: "I commend [Queen Edith] and all the kingdom to your protection."' These words, reported by the author of the Life of King Edward and illustrated in the Bayeux Tapestry, still seem to hang in the air with an eerie ambiguity. Is Edward bequeathing the kingdom to Harold? Or is he saying that Harold should act as protector and regent, perhaps for the young Edgar? If anything like these words were truly spoken, the king's voice fell silent and he faltered and died on that very bed before he could make himself clearer. The living were left to decipher what he meant. The general view seems to have been that Harold, at the last moment, had been nominated as king. The E version of the Anglo-Saxon Chronicle, written at St Augustine's Abbey in Canterbury, also states in the clearest possible terms that Edward bequeathed the kingdom to Harold ('And Earl Harold succeeded to the kingdom of England just as the king granted it to him . . .'). Even William of Poitiers, the arch-propagandist of the Normans, admits that Edward on his deathbed nominated Harold.10 This, no doubt, was an inconvenience for the Normans; but the testimony of witnesses such as Queen Edith and Robert fitz Wimarch could hardly be impugned. Poitiers deals with the point by arguing that, whatever had happened at Edward's deathbed, William already had the better claim: Harold had quite simply disqualified himself by swearing to be William's man. In any event it seems that under Norman law Edward's earlier choice of William (as a post obitum gift) would have been regarded as final and irrevocable. In England the custom was different. Since time immemorial ('ever since St Augustine came to these parts') a gift made by an Englishman at the point of death (verba novissima) was regarded as valid and binding.11 Whereas to modern eyes it might seem that a dying person's mental faculties would be at their most questionable, to the Anglo-Saxons a person's thoughts were then at their most lucid and close to God. If this is the true nature of the legal dispute between Harold and William, it has no obvious solution, for it is a dispute between the laws of Normandy and the laws of England. In the absence