Beyond Rome: Mapping Gender and Justice in The Man of
Law’s Tale
Kathy Lavezzo
Studies in the Age of Chaucer, Volume 24, 2002, pp. 149-180 (Article)
Published by The New Chaucer Society
DOI: https://doi.org/10.1353/sac.2002.0022
For additional information about this article
https://muse.jhu.edu/article/587046/summary
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Beyond Rome: Mapping Gender and
Justice in The Man of Law’s Tale
Kathy Lavezzo
University of Iowa
W
ith charming audacity, William Godwin fulfills in his
Life of Chaucer (1803) the longing of many a critic to know what the
poet and Petrarch would have made of each other had they ever met
and, in doing so, gives his readers a startling lesson in premodern cartography. While Petrarch’s status as the literary heir of classical Rome
fascinates Chaucer, the English poet, Godwin writes,
was interesting to Petrarca for a different reason. He came from the ultima
Thule, the penitus toto divisos orbe Britannos (Virgil, Bucolica, Ecl. I); that country
which the wantonness of more genial climates had represented as perpetually
enveloped in fogs and darkness. To later times the literature and poetical genius
of Britain is familiar; no tongue so barbarous, as not to confess us the equals,
while in reality we are in intellectual eminence the masters of mankind. But
this was a spectacle altogether unknown in the times of Petrarca. The discovery
he made was hardly less astonishing than that of Columbus when he reconnoitred the shores of the Western world. . . . [Petrarch] embraced the wondrous
stranger from a frozen clime, and forsaw, with that sort of inspiration which
attends the closing period of departing genius, the future glories of a Spencer,
a Shakespear and a Milton.1
By writing that, from Petrarch’s premodern perspective, Britain was
penitus toto divisos orbe or wholly sundered from the entire world, Godwin
troubles his readers’ sense of normative Englishness. While for Godwin
Versions of this essay were delivered at the University of Iowa and New York University. Special thanks belong to Aranye Fradenburg, David Hamilton, Nicholas Howe,
Lynn Staley, Susie Phillips, Harry Stecopoulos, and the anonymous readers at SAC for
comments on earlier versions of this essay.
1
William Godwin, Life of Chaucer, vol. 2 (London: Richard Phillips, 1803–4), p. 468.
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STUDIES IN THE AGE OF CHAUCER
the English are the intellectual ‘‘masters of mankind,’’ for Petrarch as
for Virgil, the English were mankind’s Others, the backward inhabitants
of an isle ‘‘enveloped in fogs and darkness.’’ Yet even as Godwin raises
the problem of English geographic isolation, he also turns it, through a
figure of Roman ‘‘classical greatness,’’ into a sign of English ‘‘future
glories.’’ The marginality of England sets the stage for an ‘‘astonishing’’
discovery: the Italian finds on this isolated isle no savage alien, but a
‘‘wondrous stranger.’’ Chaucer’s geographic isolation ultimately signifies
not his brutality, but his magnificence.2
In imagining Petarch’s ‘‘astonishing’’ discovery, however, Godwin ignores what is perhaps a still more remarkable characteristic of early English literary history: Chaucer’s consciousness of the premodern
reputation of England as an island on the edge of the world. While
Godwin displays his own investment in the alterity of the ‘‘father of
English poetry,’’ he neglects Chaucer’s own considerable interest in the
relationship between strangeness and Englishness. The Wife of Bath’s
Tale, for example, uses a character possessed of a fourfold otherness (the
‘‘foul, and oold, and poore’’ hag) to relate an Arthurian legacy to British
national identity (line 1063); The Franklin’s Tale allows the pilgrims to
imagine ‘‘Engelond’’ as a foreign country (line 810); and The General
Prologue depicts Canterbury as a site both identified with the ‘‘straunge’’
and the ‘‘ferne’’ and capable of attracting a national gathering of England’s populace, ‘‘from every shires ende’’ (lines 13–15).3 Chaucer’s most
2
Godwin’s celebration of Chaucer’s alterity reflects the interest in difference that
inspired Romanticism’s medieval revival. The romantic nationalism exhibited in the Life
(at one point it celebrates Chaucer for rescuing English from the oppressive dominance
of Anglo-Norman) clearly reveals how Godwin had retreated from the radical, proFrench stance he had assumed ten years earlier in his Enquiry Concerning Political Justice
and Its Influence on Morals and Happiness. Thanks belong to Julie Carlson for enlightening
me regarding Godwin’s gothic interests and his vexed political history.
3
All quotations are from The Riverside Chaucer, ed. Larry D. Benson (Boston:
Houghton Mifflin, 1987). While Chaucer’s description of Becket’s national following
may distinguish the Canterbury shrine from the ‘‘straunge’’ and ‘‘ferne’’ destinations of
medieval palmers, his decision to introduce Canterbury so closely on the heels of these
sites also suggests that the Becket shrine carries with it the cachet of difference. On the
use of an Arthurian past in the construction of a British national history in Middle
English romance (excluding The Wife of Bath’s Tale), see Patricia Ingham, Sovereign Fantasies: Arthurian Romance and the Making of Britain (Philadelphia: University of Pennsylvania Press, 2001). On Chaucer’s desire to situate the Franklin’s Tale within a nativist
English literary-historical tradition, see Kathryn L. Lynch, ‘‘East Meets West in Chaucer’s Squire’s and Franklin’s Tales,’’ Speculum 70 (1995): 530–51. On Chaucer’s interest
in things strange, see Christian K. Zacher, Curiosity and Pilgrimage: The Literature of
Discovery in Fourteenth-Century England (Baltimore: Johns Hopkins University Press,
1976).
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BEYOND ROME
important engagement with English otherness, however, emerges in the
focus of this essay, the most geographic of The Canterbury Tales, that told
by the Man of Law.
The figure of alterity in The Man of Law’s Tale, of course, is a familiar
topic in critical work on the poem, though the prime Other interpreted
by Chaucerians is not England, but Custance. As David Raybin has
pointed out, Custance herself is geographically marginalized in the tale;
she typically appears in the poem either exiled from the world upon a
boat, or as a foreigner in the cultures she encounters ashore.4 For Raybin
and other scholars, Custance’s alterity illustrates a Christian ideal of living in, yet being not of, a fallen world.5 More recently, literary critics
such as Susan Schibanoff have linked Custance’s alterity both to her
gender and the ethnic difference represented by Syria in the tale.6 Yet
Custance and the Syrians hardly constitute the only outsiders in the
poem, as the second part of the tale makes clear. After having transported his fellow pilgrims on an imaginative journey from Syria to Rome
and back, the Man of Law takes his auditors to more familiar ground,
as Custance journeys in a divinely navigated ship to Britain (lines 463–
508, emphasis added):
Yeres and dayes fleet this creature
Thurghout the See of Grece unto the Strayte
Of Marrok, as it was hire aventure . . .
4
David Raybin, ‘‘Custance and History: Woman as Outsider in Chaucer’s Man of
Law’s Tale,’’ SAC 12 (1990): 69–70.
5
See, for example, Morton Bloomfield, ‘‘The Man of Law’s Tale: A Tragedy of Victimization and a Christian Comedy,’’ PMLA 87 (1972): 384–89. On Custance’s isolation
from her culture as opposed to the social integration of Gower’s Constance, see Winthrop Wetherbee, ‘‘Constance and the World in Chaucer and Gower,’’ in John Gower:
Recent Readings, ed. R. F. Yeager, Studies in Medieval Literature and Culture 26 (Kalamazoo: Medieval Institute, 1989), pp. 65–93.
6
Susan Schibanoff, ‘‘Worlds Apart: Orientalism, Anti-Feminism and Heresy in
Chaucer’s Man of Law’s Tale,’’ Exemplaria (1996): 59–96. See also Christopher Bracken,
‘‘Constance and the Silkweavers: Working Woman and Colonial Fantasy in Chaucer’s
The Man of Law’s Tale,’’ Critical Matrix 8 (1994): 13–39; Nicholas Birns, ‘‘Christian
Islamic Relations in Dante and Chaucer: Reflections on Recent Criticism,’’ in Proceedings:
Northeast Regional Meeting of the Conference on Christianity and Literature, ed. Joan F. Hallisey and Mary Anne Vetterling (Weston, Mass.: Regis College, 1996), pp. 19–24; Kathleen Davis, ‘‘Time Behind the Veil: The Media, the Middle Ages, and Orientalism
Now,’’ in The Postcolonial Middle Ages, ed. Jeffrey Jerome Cohen (New York: St. Martin’s,
2000), pp. 105–22; Kathryn L. Lynch, ‘‘Storytelling, Exchange, and Constancy: East
and West in Chaucer’s Man of Law’s Tale,’’ ChauR 33.3 (1999): 409–22; Brenda Deen
Schildgen, Pagans, Tartars, Moslems, and Jews in Chaucer’s Canterbury Tales (Gainesville:
University Press of Florida, 2001).
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STUDIES IN THE AGE OF CHAUCER
Er that the wilde wawes wol hire dryve
. . . into oure occian
Thurghout oure wilde see, til atte laste
. . . Fer in Northumberlond the wawe hire
caste. . . .
While Chaucer’s sources, Nicholas Trevet’s Chroniques (ca. 1334) and
John Gower’s Confessio Amantis (ca. 1390), do not mention the specifics
of Custance’s long journey to England, the Man of Law includes geographic details such as the eastern Mediterranean and the straits of Gibraltar that make palpable the space traversed by Custance.7 As V. A.
Kolve puts it, ‘‘the tale creates a residual image that is geographical: a
map of Europe with a boat moving upon its waters.’’8 But since Custance’s journey begins in Syria, the cartographic territory evoked in the
tale in fact extends beyond Europe and, more accurately, suggests a
mappa mundi or a map of the world as it was known in the middle
ages. The structure of mappae mundi varied, though the majority of them
constituted variations of what is known as the Noachid, wheel, tripartite, or T-O form: An ‘‘O’’-shaped ocean defining a circular earth (orbis
terrarum), divided by a ‘‘T’’ representing the trio of waterways (the Don,
Nile and Mediterranean) believed to divide the three continents of the
earth (Asia, Africa, and Europe).9 When it appears in these typically
7
See Nicholas Trevet, excerpt from Les Chroniques ecrites pour Marie d’Angleterre, fille
d’Edward I, ed. Margaret Schlauch, in Sources and Analogues of Chaucer’s Canterbury Tales,
ed. W. F. Bryan and Germaine Dempster (New York: Humanities, 1958), pp. 165–81.
John Gower, The Complete Works of John Gower: The English Works, ed. G. C. Macaulay,
vol. 2 (Oxford: Clarendon Press, 1901), lines 181–206. Page citations of Trevet and
line citations of Gower will appear in the text. The lawyer’s emphasis on geography
here qualifies Edward A. Block’s claim that Chaucer is ‘‘less definite’’ than Trevet on
such matters (‘‘Originality, Controlling Purpose, and Craftsmanship in Chaucer’s Man
of Law’s Tale,’’ PMLA 68 [1953]: 580).
8
V. A. Kolve, Chaucer and the Imagery of Narrative: The First Five Canterbury Tales
(Stanford: Stanford University Press, 1984), p. 319.
9
On T-O maps (as well as the other principal type of medieval world map, the zonal
or Macrobian map), see David Woodward, ‘‘Medieval Mappaemundi,’’ in J. B. Harley
and Woodward, eds., The History of Cartography, Vol. 1: Cartography in Prehistoric, Ancient,
and Medieval Europe and the Mediterranean (Chicago: University of Chicago Press, 1987),
pp. 286–370. On the relationship between world maps and another Canterbury tale,
see Sylvia Tomasch, ‘‘Mappae mundi and the Knight’s Tale: The Geography of Power, the
Cartography of Control,’’ in Literature and Technology, ed. Lance Schachterle and Mark
Greenberg (Lehigh, Penn.: Associated University Presses, 1992), pp. 66–98. On the
manner in which mappae mundi reflect a fascination with alterity of which Chaucer was
acutely aware while writing the Canterbury Tales, see Zacher, Curiosity and Pilgrimage,
esp. p. 146. On mappae mundi and pilgrimage, see also Iain Macleod Higgins, Writing
152
BEYOND ROME
Eastern-oriented maps, England lies not within the orbis terrarum but
outside it, in the lower left-hand corner of the map signifying the northwestern angle of the world ocean (figs. 1, 2). By representing Custance
travelling from Rome to Syria through the threshold of Gibraltar into
the English channel and finally Northumbria, the Man of Law evokes
nothing less than England’s geographic marginality. Full analysis of The
Man of Law’s Tale requires our consideration of Custance’s alterity neither in and of itself, nor as it intersects with Syrian difference, but as it
1. Drawn facsimile of a T-O map illustrating a manuscript copy of Sallust’s works,
Leipzig University Library, taken from Konrad Miller, Mappaemundi: de ältesten
Weltkarten, vol. 3 (Stuttgart: J. Roth, 1895), p. 112.
East: The ‘‘Travels’’ of Sir John Mandeville (Philadelphia: University of Pennsylvania Press,
1997).
153
STUDIES IN THE AGE OF CHAUCER
2. Drawn facsimile of a world map illustrating a manuscript copy of Ranulf Higden’s
Polychronicon, Edinburgh, Advocates Library, taken from Konrad Miller, Mappaemundi:
die ältesten Weltkarten, vol. 3 (Stuttgart: J. Roth, 1895), p. 98.
154
BEYOND ROME
relates to the national geographic alterity of the English people whom
she converts to Christianity.
Through Custance’s movement ‘‘far’’ from Rome, into ‘‘wilde’’ English seas, the Man of Law, in a move similar to Godwin’s toward his
readers, makes his pilgrim auditors strangers to themselves. And just as
Chaucer’s romantic biographer binds geographic marginality with English magnificence, so too does Chaucer’s medieval lawyer. In what follows, I demonstrate how, through Custance’s providential journey,
Chaucer’s lawyer endeavors to affirm the best implications of English
geographic isolation: how the English are set apart from the world as
God’s chosen people. This reading counters a long tradition of viewing
The Man of Law’s Tale as a narrative primarily identified with universal
Roman Christian values.10 In Chaucerian Polity, for example, David Wallace describes the Custance story as ‘‘a tale that ‘‘affirm[s] the Romecentered authority of emperors and popes,’’ while Kolve, whom Wallace
cites, asserts that ‘‘Rome is the center of the poem’s gravity, its geography, and its moral and spiritual meaning.’’11 In contrast, I suggest that
it is in fact the Man of Law’s interest in distinguishing England from
Rome as a sovereign territory that drives much of this Canterbury tale.
Rome certainly has its attractions in The Man of Law’s Tale, but so too
does England.12
10
See, for example: Alfred David, ‘‘The Man of Law versus Chaucer: A Case in Poetics,’’ PMLA 82 (1967): 217–25; A. S. G. Edwards, ‘‘Critical Approaches to the Man of
Law’s Tale,’’ in Chaucer’s Religious Tales, ed. C. David Benson and Elizabeth Robertson
(Cambridge: Brewer, 1990), pp. 85–94; Kolve, Imagery of Narrative; David Wallace,
Chaucerian Polity: Absolutist Lineages and Associational Forms in England and Italy (Stanford: Stanford University Press, 1997); John A. Yunck, ‘‘Religious Elements in Chaucer’s ‘Man of Law’s Tale,’ ’’ ELH 27 (1960): 249–61.
11
Wallace, Chaucerian Polity, p. 182; Kolve, Imagery of Narrative, p. 350.
12
Nationalism has been classified as a post-medieval phenomenon in such important
texts as Benedict Anderson, Imagined Communities: Reflections on the Origin and Spread of
Nationalism (London and New York: Verso, 1991), Ernest Gellner, Nations and Nationalism (Oxford: Blackwell, 1983), and Richard Helgerson, Forms of Nationhood: The Elizabethan Writing of England (Chicago and London: University of Chicago Press, 1992). Yet
the evidence of the Canterbury Tales suggests otherwise. The Tales, after all, foreground
the question of whether vernacular stories can unite or create the horizontal ties discussed by Anderson between a cross-section of the English populace, ‘‘from every shires
ende’’ (1.15). Narrating the journey of a band of English people, ostensibly bound by
both their religious destination and the literary manner in which they wend their way
toward Canterbury, the Tales urge our consideration of Chaucer not only as man who
wrote in English, but also as a man who wrote for England. On nationalism in Chaucer’s
work, see: Donald R. Howard, Chaucer: His Life, His Works, His World (New York:
Dutton, 1987), pp. 406–9; Thorlac Turville-Petre, England the Nation: Language, Literature and National Identity, 1290–1340 (Oxford: Clarendon, 1996), p. 216; and the essays
by John M. Bowers, Kathleen Davis, and Sylvia Tomasch in Postcolonial Middle Ages.
155
STUDIES IN THE AGE OF CHAUCER
That this narrative of geographic exceptionalism is told by a lawyer
is no accident; as his portrait demonstrates, the Man of Law himself
bears an exceptional relationship to the land: ‘‘So greet a purchasour
was nowher noon’’ (line 318). Chaucer insinuates here, as Jill Mann
points out, a personal investment in the land on the part of lawyers that
is made more explicit in other texts on that estate where, for example,
Gower writes on the lawman ‘‘Agrorum fines longos extendere
queris.’’13 English lawyers’ investment in territory, however, extended
well beyond their own relation to the land to that of their nation. Due
to debates regarding spatially charged issues such as jurisdiction and
sanctuary—debates that intimately related to juridical conflicts between
England and the church—English lawyers spoke powerfully to questions of geography and nationalism in the Middle Ages.14 The particular
legal perspective on English geographic isolation offered by The Man of
Law’s Tale is twofold, and intersects with the Man of Law’s decision to
tell a tale featuring the geographically isolated and ‘‘hooly’’ Roman princess Custance. For our lawyerly narrator, the patriarchal image of a sovereign England he espouses is faced with the linked challenges of the
Christian ‘‘empire’’ of Rome on one hand and, on the other, the imperial
maternity of woman. Situated often at the heart of mappae mundi, possessed of an imposing classical juridical heritage, and recognized as the
home of canon law, Rome links geographic centrality with global juridical supremacy. As the home of western Christendom, the Roman
‘‘mother church’’ threatened to engulf the English edge of the world
Important contributions by medieval scholars on the question of the rise of a national
sensibility in medieval England and Europe include C. Leon Tipton, ed., Nationalism in
the Middle Ages (New York: Holt, Rinehart and Winston, 1972); Susan Reynolds, Kingdoms and Communities in Western Europe, 900–1300 (Oxford: Clarendon, 1984); Felicity
Riddy, ‘‘Reading for England: Arthurian Literature and National Consciousness,’’ Bibliographical Bulletin of the International Arthurian Society 43 (1991): 314–32; Simon Forde,
Lesley Johnson, and Alan V. Murray, eds., Concepts of National Identity in the Middle Ages,
Leeds Texts and Monographs ns 14 (Leeds: University of Leeds Printing Services, 1995).
13
John Gower, Vox Clamantis, vi 357–58, cited and discussed in Jill Mann, Chaucer
and Medieval Estates Satire: The Literature of Social Classes and the General Prologue to the
Canterbury Tales (Cambridge: Cambridge University Press, 1973), pp. 87–88.
14
See F. Cheyette, ‘‘Kings, Courts, Cures and Sinecures: the Statute of Provisors and
the Common Law,’’ Traditio 19 (1963): 295–344; W. R. Jones, ‘‘Bishops, Politics and
the Two Laws: The Gravamina of the English Clergy, 1237–1399,’’ Speculum 41 (1966):
209–43; W. R. Jones, ‘‘Relations of the Two Jurisdictions: Conflict and Cooperation in
England during the Thirteenth and Fourteenth Centuries,’’ SMRH orig. ser. 7 (1970):
79–210; Alan Harding, The Law Courts of Medieval England (New York: Barnes and
Noble, 1973); J. A. Watt, ‘‘Spiritual and Temporal Powers,’’ in The Cambridge History of
Medieval Political Thought c. 350–c. 1450, ed. J. H. Burns (Cambridge: Cambridge University Press, 1988), pp. 367–423.
156
BEYOND ROME
within its canonical jurisdiction. To be sure, in the centuries immediately
after 1066 the canon law served as a kind of nourishing mother to the
system of common law so cherished by English lawmen such as Chaucer’s lawyer (as evinced by his knowledge of ‘‘caas and doomes alle /
That from the tyme of kyng William were falle,’’ (GP 323–24). Yet by
Chaucer’s time English lawyers strove to extricate themselves from what
had become a suffocating mother church not unlike the notoriously
‘‘suffocating mothers’’ represented by the Man of Law in the characters
of the Sultaness and Donegild. Just as those notorious mothers endeavor
to stifle their respective sons’ efforts to move beyond their immediate
family, the universal church sought to squelch efforts to liberate the
English common law from canonical authority.15
The imaginative resolution the lawyer offers for those linked problems of empire and maternity emerges in the figure of Custance. As a
geographically isolated woman, and a figure whose radical holiness distances her both from her Roman origins and her own female sexuality,
Custance figures England’s juridical sovereignty. Through Custance,
that is, the Man of Law absorbs and reconfigures the charged difference
of woman so that she may be imagined to bear the word of the privileged geographical alterity he claims for England.16 As we shall see,
though, the lawyer’s celebration of the English margin of the world is
bound up with his attachment to global centers. The eventual emergence of Custance’s suppressed physicality in the tale demonstrates how
the lawyer’s national desire to embrace geographic isolation is troubled
by his imperial desire to appropriate on England’s behalf the global
domination of the mother church.
Et mulier fugit in solitudinem
From the advent of its classical period in the twelfth century onward,17
canon law came to be a system, according to Pollock and Maitland,
15
Carolyn Dinshaw analyzes the incestuous character of both the Sultaness’s and
Donegild’s attachments toward their sons in Chaucer’s Sexual Poetics (Madison: University
of Wisconsin Press, 1989), pp. 88–112. The other Canterbury tale that engages closely
with Rome is The Second Nun’s Tale. On topography, Rome, and the Second Nun’s Tale,
see Jennifer Summit, ‘‘Topography as Historiography: Petrarch, Chaucer, and the Making of Medieval Rome,’’ Journal of Medieval and Early Modern Studies 30 (2000): 211–46.
16
My use of the phrase ‘‘bear the word’’ refers to Margaret Homans, Bearing the
Word: Language and Female Experience in Nineteenth-Century Women’s Writing (Chicago:
University of Chicago Press, 1986).
17
And the woman fled into the wilderness,’’ Revelation 12:6. Quoted in William W.
Capes, ed., Registrum Johannis Trefnant, Episcopi Herefordensis, Canterbury and York Series,
vol. 20–21 (London: Canterbury and York Society, 1916), p. 294.
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STUDIES IN THE AGE OF CHAUCER
‘‘even more cosmopolitan than the imperial [system]; the sway of the
Roman Church was wider than that of the Roman empire.’’18 To be
sure, Pollock and Maitland do misstate the case somewhat; to use
James Brundage’s words, the ‘‘jurisdictional imperialism of the canonists’’ was a matter at times more of theory than of practice.19 Yet even
on a rhetorical register, the canonists’ juridical internationalism was
notably pervasive. As Brundage points out, ‘‘medieval churchmen
claimed authority over virtually every aspect of human beliefs and
actions’’; canon law extended in theory to all levels of private and
public life and applied equally to everyone, ‘‘regardless of gender, class
or social standing’’ and, most importantly for Chaucer’s lawyer, nationality.20 Canon law, in effect, then, aimed to function as the key
device through which the church leveled its members within a single
universal Christian siblinghood headed by Rome. Premising that juridical universalism was Rome’s understanding of the relationship between the three components into which the law was divided: divine
law, natural law and human law. According to the church’s hierocratic
perspective on the law, divine law prevailed over the human and natural, themselves mere figures of God’s law. Claiming a monopoly on
divine law, the church sought to bring England and other nations well
within its canonical jurisdiction, with secular lawyers subject to their
spiritual counterparts.21
By Chaucer’s time, English resistance to the church’s hierocratic vision of the laws divine, natural and human had had a long history, extending as far back as Bracton’s De legibus and Henry II’s Clarendon
18
Frederick Pollack and Frederick William Maitland, The History of English Law Before
the Time of Edward I, 2d ed., vol. 1 (Cambridge: Cambridge University Press, 1968),
p. 113. Pollack and Maitland’s assessment of the universal impulses of the canonists has
been affirmed by more recent work on canon law. See, for example, R. H. Helmholz,
The Spirit of Classical Canon Law (Athens and London: University of Georgia Press,
1996); James A. Brundage, Medieval Canon Law (London and New York: Longman,
1995). On the transmittal of canon law to the laity, see H. A. Kelly, Love and Marriage
in the Age of Chaucer (Ithaca: Cornell University Press: 1975), pp. 163–201.
19
Brundage, Medieval Canon Law, p. 72.
20
Brundage, Medieval Canon Law, pp. 70; 3.
21
On the medieval threefold understanding of the law, in which all laws figure God’s
divine law, see Thomas Aquinas’s Summa Theologiae. For a discussion of the way Chaucer
queries the notion of divine justice in the Man of Law’s Tale, see Patricia J. Eberle,
‘‘Crime and Justice in the Middle Ages: Cases from the Canterbury Tales of Geoffrey
Chaucer,’’ in Rough Justice: Essays on Crime in Literature, ed. M. L. Friedland (Toronto:
University of Toronto Press, 1991), pp. 19–51. It is worth noting that the very source
of much of the Man of Law’s rhetoric in his tale, Pope Innocent III, authorized Peter of
Benevento’s Compilatio tertia, the first official collection of papal decretals during the
classical period of canon law.
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BEYOND ROME
Constitutions.22 However, as members of a profession that was the first
to be laicized (in 1341) and the first to use the vernacular (in 1361),
and which also was, as Michael Bennett has shown, markedly careerist,
fourteenth-century English lawyers resisted canonical impingements on
their authority in a manner that distinguished them from their predecessors.23 Asserting that, as Alan Harding puts it, ‘‘the eternal [i.e., divine]
principles of law were nowhere better expressed than in the customs of
England, as declared by the judges,’’ late medieval English lawyers
sought to consolidate their power through their own rhetoric of English
religio-juridical exceptionalism.24 Providing potential support for English lawyers’ cause was the fact that, since the beginning of the fourteenth century, the Avignon papacy and, later, the Great Schism made
the Roman church not quite the formidable rival it once was. This was
true despite the fact that England officially endorsed Urban VI, a decision that had as much or more to do with anti-French feeling than
Roman allegiance.25 English support for the Roman curia by no means
22
Of course, the response of the English State to the legal claims of the Church (and
vice versa) was one of both resistance and cooperation. As the careful work of R. H.
Helmholz has demonstrated, the legal relations of church and state are remarkably
complex during this period, rendering it impossible for us to make any sort of straightforward claim about actual practice. What I am emphasizing here, however, is the
imperial or international ‘‘will’’ of the Church, its official universalist rhetoric. And even
as the crown acquiesced to that universalist rhetoric, English lawyers by and large contested it. R. H. Helmholz, Canon Law and the Law of England (London and Ronceverte:
Hambledon, 1987). See also works cited in note 14.
23
Edw. III Stat. 2. c xv, Statutes of the Realm, vol. 1 (1810. Reprint. London: Dawsons,
1963), pp. 375–76; Michael J. Bennett, Community, Class and Careerism: Cheshire and
Lancashire Society in the Age of Sir Gawain and the Green Knight (Cambridge: Cambridge
University Press, 1983), pp. 192–203. Since the time of the Magna Carta, clerks along
with laymen had upheld the common law. But, with the union of the bench and the
law at the start of the fourteenth century, where ‘‘no one could become a justice of the
central courts of law . . . unless he had previously been a sergeant at law,’’ the benches
of the civil courts began to be staffed solely with laymen (G. O. Sayles, ‘‘Introduction,’’
Select Cases in the Court of King’s Bench under Richard II, Henry IV and Henry V, ed. Sayles,
vol. 7 Selden Society [London: Quaritch, 1971], pp. xxviii–xl). The laicization of the
common law benches during Edward I’s reign, together with that of the King’s Bench
by 1341, produced a real separation between the civil and canon law. As William Searle
Holdsworth puts it, ‘‘we can no longer expect to find royal judges who can show an
accurate knowledge of papal legislation; nor will ideas drawn from canonical jurisprudence be used to develop our law. On the contrary, it is coming to be a rival—almost a
hostile system’’ (A History of English Law, vol. 2 [London: Methuen, 1956], pp. 305–6).
Indeed, W. R. Jones writes that this period ‘‘witnessed the culmination’’ of English
impingement upon the legal powers of the Church (‘‘Relations of the Two Jurisdictions,’’ p. 210).
24
Harding, Law Courts, p. 122.
25
See Margaret Harvey, Solutions to the Schism: A Study of Some English Attitudes 1378–
1409 (Gesamtherstellung: EOS Druck, 1983) and John Holland Smith, The Great
Schism 1378 (New York: Weybright and Talley, 1970).
159
STUDIES IN THE AGE OF CHAUCER
precluded English resistance to canon law. In De ecclesia, for example,
the foremost fourteenth-century theorist of the supremacy of English
law, John Wyclif, upholds the reformer Urban even as he offers his most
striking claim for the preeminence of English law over canon law.26
Yet if the contemporary splitting of the rock of Peter may have aided
the nationalistic rhetoric of England’s lawyers during the fourteenth
century, the past achievements of the Roman church radically challenged that discourse. And, for Chaucer’s lawyer, foremost among the
historical obstacles that the church posed for the idealization of English
law was the undeniable fact of the Roman source of England’s original
acquisition of divine law. How, that is, could England enjoy a relation
even more proximate to God’s law than canon law, when it was a
Pope—Gregory the Great—who authorized England’s Christian conversion in the first place?27 The interrelation between England’s religious conversion and its juridical identity is made clear throughout the
tale by the lawyer’s juridical conception of faith: all questions of conversion in the tale hinge on the willingness of barbarians (whether Syrian
or Anglo-Saxon) to accept a ‘‘newe lawe’’ (line 337; cf. line 572). By
emphasizing the status of Christianity as a law—the very eternal law
understood in the Christian west to be essential to the work of justice—
the Man of Law reveals his keen awareness of how the Gregorian mission
haunts the Christian exceptionalism espoused by medieval English jurists (line 236). As Marcel Mauss’s work on the aggressivity of the gift
has taught us, Rome’s bestowal of Christianity upon England supports
the subordinate role that canon lawyers allocated civil lawyers.28 More26
That claim appears in Wyclif ’s commentary on the 1378 Hawley-Shakell sanctuary incident, in which he opposes the jurisdictional rights of the abbots who housed
these fugitives from the King’s justice by claiming that they had offended ‘‘In legem
Dei, ecclesie et in legem regni.’’ See De Ecclesia, cited in Edith C. Tatnall, ‘‘John Wyclif
and Ecclesia Anglicana,’’ Journal of Ecclesiastical History 20 (1969): 28; cf. Pollock and
Maitland, History of English Law, pp. 50–53. Here as elsewhere in his work, Wyclif
urges the theological validity of adherence to English law against canonical authority
(Tatnall, ‘‘Wyclif,’’ pp. 27–31). On Wyclif ’s support for Urban in De Ecclesia and elsewhere, see Harvey, Solutions, p. 31.
27
Celtic missionaries, of course, also engaged in the work of conversion during this
time. But it was the Roman Gregory the Great who constituted nevertheless the official
father of Christianity for the Anglo-Saxons and, after the Whitby Synod (664), it was
Roman doctrine, not that of Celtic Christian, that prevailed on the island.
28
‘‘To give is to show one’s superiority, to show that one is something more and
higher, that one is magister. To accept without returning or repaying more is to face
subordination, to become a client and subservient, to become minister.’’ Marcel Mauss,
The Gift: Forms and Functions of Exchange in Archaic Societies, trans. Ian Cunnison (London:
Cohen and West, 1954), p. 72.
160
BEYOND ROME
over, in the geographic terms crucial to The Man of Law’s Tale, by locating the origins of eternal law in England’s Christian conversion by Rome,
the mission produces the English edge of the world as a pagan and lawless
backwater. The alienation of a pagan Anglo-Saxon England from divine
law is raised by the Man of Law himself, through his implicit comparisons of England and Syria in the tale. Above all, through his uncanny
evocation of the God of Islam in the name of the Northumbrian king
‘‘Alla,’’ Chaucer’s lawyer suggests how Anglo-Saxon England, like Syria,
constitutes a ‘‘Barbre nacioun’’ outside of Christendom (line 281).29
Yet England is not simply another Syria in The Man of Law’s Tale. For
one thing, in marked contrast to the Holy Roman ‘‘imperialism’’ that
lies behind Custance’s journey to Syria, ‘‘Goddes sonde’’ or providence
directs the rudderless ship that transports Custance to England (lines
523, 439). Directed by a Pope and an emperor intent on the ‘‘encrees
of Cristes lawe deere’’ (lines 235–37), Custance’s earlier journey produces
Syria as the heathen object of Roman spiritual conquest. The divine
navigator of Custance’s trip to England, however, suggests that there is
something extraordinary about her isolated destination that sets it apart
from Syria as a land bound not to Roman authority but directly to God
Himself. The aggression toward Rome evinced by our lawyer’s revision
of Anglo-Saxon conversion history emerges not only in Custance’s divine
navigator, but also in the identity of Custance herself, as the Man of Law
denudes his protagonist of her Roman ties during the English section of
the tale. Claiming amnesia, Custance never admits her Roman identity
to her English hosts. Rather, the only ‘‘family’’ with which Custance
affiliates herself is the holy family. The tale inserts Custance into a broad
typological Judeo-Christian ancestry (Jonah, Judith, Susannah, and so
on) through which her literal Roman genealogy is overshadowed by the
nonbiological structure of descent that typology offers (lines 473, 486,
500, 639–939).30 Custance, certainly, does bring Roman Christian law
to England; yet by rendering his heroine less a Roman emperor’s daugh29
Alla and the Sultan also are paired through the exchange of Custance between
them. The king and his Syrian counterpart’s respective wicked mothers, the Sultaness
and Donegild, also are linked in their respective acts of aggression against Custance.
30
The most important work on typology and literature remains Erich Auerbach’s
essay ‘‘Figura’’ in Scenes from the Drama of European Literature (Minneapolis: University of
Minnesota Press, 1984); on nonbiological family ties and typology, see Cristelle L.
Baskins, ‘‘Typology, Sexuality, and the Renaissance Esther,’’ in Sexuality and Gender in
Early Modern Europe: Institutions, Texts, Images, ed. James Grantham Turner (Cambridge:
Cambridge University Press), pp. 31–54.
161
STUDIES IN THE AGE OF CHAUCER
ter than a kind of angel sent especially by God to bear His word to
England, Chaucer’s lawyer paradoxically imagines England gaining the
gift of divine law without the obligations to Rome it entails.
The Man of Law’s capacity to affirm a sovereign English juridical
identity thus hinges on his capacity to empty Custance of her materiality
and physicality. Far from invoking the alterity associated with historical
women, Custance offers a kind of radical hyper-marginality or divine
otherness. That sublime alterity, in turn, suggests how Custance not
only brings to England the national juridical identity claimed by English
lawyers but also becomes herself a sign of England’s national geographic
identity. The generation of a special English angle of the world, that is,
emerges in the tale through the production of an angelically other Custance. The lawyer’s disembodiment and spectralization of woman
should seem to familiar to us, since contemporary examples of that sort
of nationalistic usage of woman abound in western culture. As such
feminists as Nira Yuval Davis and Floya Anthias point out, when
woman represents the national body politic, she tends to do so as a
figure, symbol or abstraction such as Britannia or Lady Liberty.31 Custance indeed in a sense looks toward such national deployments of
woman. In particular, both her geographic marginality and the virtue
of constancy evoked by both her name and her actions render the lawyer’s heroine a kind of precursor to the Statue of Liberty.32 The Man of
Law’s Tale, though, hardly offers us our earliest example of the use of
an idealized woman to represent England in the Middle Ages, as the
longstanding identification of the island with the Virgin Mary demonstrates.33 Arthur, for example devotes himself especially to Mary in na31
Nira Yuval-Davis and Floya Anthias, Women-Nation-State (London: St. Martin’s,
1989). See also Anne McClintock, Imperial Leather: Race, Gender and Sexuality in the
Colonial Contest (New York: Routledge, 1995); Marina Warner, Monuments and Maidens:
the Allegory of the Female Form (London: Weidenfeld and Nicolson, 1985); Nuala Johnson,
‘‘Monuments, Geography, and Nationalism,’’ in Environment and Planning D: Society and
Space 1995 (13): 51–66; Elsbeth Probyn, ‘‘Bloody Metaphors and Other Allegories of
the Ordinary,’’ in Between Woman and Nation: Nationalisms, Transnational Feminisms and
the State, ed. Norma Alarcon, Caren Kaplan, and Minoo Moallem (Durham and London:
Duke University Press, 1999), pp. 47–63.
32
For an acute analysis of the dynamics of gender, sexuality, and nationalism at work
in Lady Liberty, see Lauren Berlant, The Anatomy of National Fantasy: Hawthorne, Utopia,
and Everyday Life (Chicago and London: University of Chicago Press, 1991), pp. 22–28.
33
On the special identification of Mary with England in the Middle Ages, a linkage
that partly can be accounted for by the shrine at Walsingham, see Gail McMurray
Gibson, The Theater of Devotion (Chicago: University of Chicago Press, 1989),
pp. 137–47 and 212–13 n. 3.
162
BEYOND ROME
tional romances and chronicles from Geoffrey of Monmouth’s History of
the Kings of Britain onward.34 And the Virgin calls England her ‘‘dower’’
and safeguards the island in John Lydgate’s plague poem ‘‘Ave Regina
Celorum.’’35 Such medieval English rehabilitations of feminine difference
intersect with an even older tradition, in which social structures are conceived of in terms of metaphors of ideal femininity. Biblical examples of
this practice include the book of Jeremiah, in which the prophet longingly recalls how a pre-exilic Israel ‘‘as a bride’’ loved God and ‘‘was
holy to the Lord’’ (Jeremiah 2:2–3). Of special interest to us is how
Jeremiah’s blessed bride, like idealized women elsewhere in the Bible, is
territorialized or bound to a space of holy wildness, whereby Israel is not
only a bride sacred to God but also a ‘‘wilderness . . . holy to the Lord’’
(Jeremiah 2:3). That biblical linkage of the revered and pious woman
with a space of holy wildness is appropriated for national ends by Chaucer’s lawyer insofar as ‘‘hooly’’ Custance symbolizes a blessed English
world frontier.
The Man of Law’s national deployment of the gendered and territorialized sublimity of both woman and the frontier as represented in the
Bible isn’t unique to Chaucer, as the 1391 testimony of Lollard Walter
Brute attests. In his learned response to the charges made against him
during his inquisition by the bishop of Hereford, the (aptly named)
Brute claims that the people of Britain, among all other peoples, have
recognized the Antichrist in their midst, because theirs is the very kingdom prophesied by John. For Brute, since England, a land positus est
extra climata (or placed beyond the climates) has long been considered a
solitudo seu desertus locus (a wilderness of desert place), England must be
that wilderness prepared by God into which the woman of Apocalypse
12 (that is, the church) flees.36 This is not to say that our lawyer is a
Lollard, though the correspondences between Brute’s testimony and the
Man of Law’s Tale do remind us of the role Lollards played in the English
rhetoric of religio-juridical exceptionalism.37 What is worth emphasizing
See IX.iv of Geoffrey’s History and lines 2869–72 of the Alliterative Morte Arthure.
See John Lydgate, ‘‘Ave Regina Celorum,’’ in The Minor Poems of John Lydgate, ed.
Henry Noble MacCracken, EETS ns 107 (New York: Oxford University Press, 1911–
34), pp. 291–92.
36
See Capes, Registrum trefnant, pp. 294–95. On Brute’s testimony, see Penn Szittya,
‘‘Domesday Bokes: The Apocalypse in Medieval English Literary Culture,’’ in The Apocalypse in the Middle Ages, ed. Richard K. Emmerson and Bernard McGinn (Ithaca: Cornell
University Press, 1992), pp. 396–97.
37
See Edith C. Tatnall, ‘‘Ecclesia Anglicana,’’ pp. 24–31; and Pollock and Maitland,
History of English Law, pp. 50–53; Anne Hudson, ‘‘Lollardy: the English Heresy?’’ in
Religion and National Identity: Papers Read at the Nineteenth Summer Meeting and the Twenti34
35
163
STUDIES IN THE AGE OF CHAUCER
is how both Walter Brute and Chaucer’s lawyer use the spectralized or
allegorical woman to interpret England’s positioning beyond the known
world as a sign of that nation’s privileged relation to Christianity. It is
on behalf of England that the Man of Law tells his story of the angelic
Custance, whose spiritual elevation symbolizes what John Capgrave
would call in his fifteenth-century Chronicle of England a ‘‘Blessed Inglond . . . of Angel nature.’’38
An English Jeremiad
Of course, for a lawyer such as Chaucer’s justice, the primary legal ideal
Custance represents would be, as Joseph Grennen has pointed out, the
allegorical valence of her name, insofar as a constans et perpetua voluntas
(or constant and perpetual will) was an essential component of justice.39
eth Winter Meeting of the Ecclesiastical History Society, ed. Stuart Mews, Studies in Church
History 18 (Oxford: Blackwell, 1982) pp. 261–284. See also note 26.
38
The Chronicle of England, ed. F. C. Hingeston, Rolls Series vol. 1 (London, 1858),
line 2668. Yet another link between Chaucer and Brute’s texts is their accounts of the
history of the Christian faith in England. The Anglo-Saxon land in which Custance
arrives, we are told, is not simply pagan: though the Vikings had driven the Christian
Britons into Wales, a remainder of Christianity was left covertly behind after Britain’s
heathen reterritorialization: ‘‘In al that lond no Cristen dorste route/ Alle Cristen folk
been fled fro that contree/ Thurgh payens, that conquereden al aboute/ The plages of
the north, by land and see/ To Walys fledde the Cristyanytee/ Of olde Britons dwellynge
in this ile:/ But yet nere Cristen Britons so exilde/ That ther nere somme that in hir
privetee/ Honoured Crist and hethen folk bigiled’’ (lines 540–49). The logic of the supplement deployed by Chaucer here distinguishes pagan England from Moslem Syria by
attaching to England a residue of Christianity. In a similar vein, Brute insists that ‘‘Britones pro fide Cristi permanserunt quod de nullo cristiano regno sic reperietur’’ (p. 294).
39
Justinian, Institutes I.i, cited and discussed in Joseph E. Grennen, ‘‘Chaucer’s Man
of Law and the Constancy of Justice,’’ JEGP 84 (1985): 511–12. Many other readers
have analyzed the presence of specific aspects of the law in the tale. On the representation of the canon law of disparitas cultus, see Paul E. Beichner, ‘‘Chaucer’s Man of Law
and disparitas cultus,’’ Speculum 23 (1948): 70–75. On Chaucer’s representation of the
Anglo-Saxon judicial inquest, see Marie Hamilton, ‘‘The Dramatic Suitability of the
Man of Law’s Tale,’’ in Studies in Language and Literature in Honor of Margaret Schlauch
(New York: Russell and Russell, 1971), pp. 153–63. On the tale and the use of rhetoric
in the courts, see Walter Scheps, ‘‘Chaucer’s Man of Law and the tale of Constance,’’
PMLA 89 (1974): 285–95. On the manner in which the tale represents the legal procedures for appealing felony, see Joseph Allen Hornsby, Chaucer and the Law (Norman,
Okla.: Pilgrim, 1988), pp. 145–48. On the patriarchal nature of English law and the
prohibition on incest, see Dinshaw, Chaucer’s Sexual Poetics. On the tale’s engagement
with the ecclesiastical principle of right order, see Patricia J. Eberle, ‘‘Crime and Justice
in the Middle Ages: Cases from the Canterbury Tales of Geoffrey Chaucer,’’ in Rough
Justice: Essays on Crime in Literature, ed. M. L. Friedland (Toronto: University of Toronto
Press, 1991), pp. 19–51. On Chaucer’s engagement with the role of torture in the late
medieval English legal system, see James Landman, ‘‘Proving Constant: Torture and
164
BEYOND ROME
Precisely what the constancy of justice signifies varies slightly from legist to legist. But, fundamentally, it refers to a jurist’s steadfast desire
to give each his own due, a notion that resonates with the ideal, found
in both fourteenth-century parliamentary records and the 1346 oath
created for English lawyers, that ‘‘justice should be done equally for all
men in the central courts and localities.’’40 Such utopian assertions of
the law’s constancy in the fourteenth century, however, were belied by
English lawmen’s infamous shortcomings. Through such practices as
champerty (a second party’s promotion of a suit for personal gain), embracery (efforts to corrupt a jury via threats, promises, money, etc.),
bribery, and most of all, maintenance (illegal support of another’s suit),
English justices notoriously undermined the law.41 The troubling image
of a lawless English backwater thus emerged during the period not only
with regard to the juridical might of Rome but also with regard to the
failings of England’s own legal officers. Juridical corruption hardly went
unnoticed; as Mann points out, ‘‘charges of corruption are the most
frequent and most fully developed items in estates treatments of judges
and lawyers.’’42 Chaucer obliquely participates in such critique in the
the Man of Law’s Tale,’’ SAC 20 (1998): 1–40. While all of these readings demonstrate
the suitability of the tale to a lawyer, they have produced radically different arguments
about what the tale says about both the attitudes of the Man of Law toward his legal
profession and Chaucer’s toward this Canterbury pilgrim. While, for example, Eberle
finds the lawyer to be a credible narrator who queries the notion of eternal law that he
has inherited, Grennen claims the lawyer is devoted laudably to a juridical ideal, and
Scheps claims the lawyer unsuccessfully celebrates his profession. In what follows, I hope
to show how we can reconcile some of these claims through a look at English lawyers’
vexed relationship to their profession, given their own corruption and their own national
impulses.
40
Rot. Parl., vol. 3, 50. Cf. Grennen, ‘‘Constancy of Justice,’’ 511–12. On the status
of the law as an object both of utopian desire and social criticism, see J. R. Maddicott,
Law and Lordship: Royal Justices as Retainers in Thirteenth- and Fourteenth-Century England,
Past and Present Sup. 4 (Oxford: Past and Present Society, 1978), pp. 65–67. The year
1346 witnessed an intensification of the oath required of justices for which, as G. O.
Sayles relates, ‘‘we have many variant forms, but which all stress that justice must be
done to rich and poor alike and that no gift should be accepted for any reason.’’ ‘‘Introduction,’’ Select Cases, p. xx.
41
See May McKisack, The Fourteenth Century: 1307–1399 (Oxford: Clarendon, 1959),
207. As Harding (Law Courts [p. 119]), W. M. Ormrod (The Reign of Edward III: Crown
and Political Society in England 1327–1377 [New Haven and London: Yale University
Press, 1990], p. 154), and Bennet (Community) all point out, the motives behind such
corrupt practices very likely were related to the status of the law as the first bona fide
‘‘profession’’ in England and the opportunities maintenance and other practices offered
careerist members of England’s ‘‘middling’’ classes.
42
Mann, Estates Satire, p. 89. See also Muriel Bowden, A Commentary on the General
Prologue to the Canterbury Tales (New York: Macmillan, 1967), p. 171.
165
STUDIES IN THE AGE OF CHAUCER
Man of Law’s portrait by, on the one hand, emphasizing how the lawyer
‘‘semed’’ to be an excellent member of his profession and, on the other
hand, implicating the lawyer in bribery through his possession of an
abundance of ‘‘fees and robes’’ (GP 313, 317). Lawyers also constituted
a principal object of rebel aggression in 1381, the year that witnessed
the greatest internal challenge to the welfare of the English body politic
in the fourteenth century. As a justice of the peace and a member of the
‘‘Wonderful’’ Parliament of 1386, Chaucer witnessed firsthand public
censure of the law. Parliament’s desire to end the abuses of ‘‘lez bonez
leyes, estatutz, et custemes de nostre dit realme’’ manifested itself several times during this session, by the Commons’ call for the forbidding
of maintenance and retaining, by their impeachment of Michael de la
Pole, and by the Commission of Government’s outlining of tasks to a
newly appointed parliamentary council.43 Chaucer’s parliamentary service certainly impressed upon him the troubled state of a realm whose
‘‘good laws’’ are spoiled by their practitioners. Custance’s name, then,
calls out for what the law should be, an ideal English justices grossly
failed to meet.
The ambivalent positioning of the law in late medieval England finds
its counterpart in the contradictory meanings of geographic marginality.
Objects of idealization and derision, hope and dread; lairs of monsters
and devils, angels and saints; geographic borders—whether macrocosmic or microcosmic—were rendered markedly ambivalent in the cultures of the premodern West.44 Hence Jeremiah not only celebrates
Israel as a blessed wilderness but also warns the Israelites that ‘‘the land
shall become a waste’’ (Jeremiah 7:34; 2:2). The biblical deployment of
43
Henry Knighton, Knighton’s Chronicle 1337–1396, ed. and trans. G. H. Martin
(Oxford: Clarendon, 1995), p. 372; Maddicott, Law and Lordship, pp. 65–67.
44
On the ambivalence of geographic borders of civilization such as the desert or
forest in Western thought, see George H. Williams, Wilderness and Paradise in Christian
Thought: The Biblical Experience of the Desert in the History of Christianity and the Paradise
Theme in the Theological Idea of the University (New York: Harper, 1962), pp. 3–64;
Antoine Guillaumont, ‘‘La conception du désert chez les moines d’Egypte’’ Revue de
l’Histoire des Religions 188 (1975): 11; Alison Goddard Elliott, Roads to Paradise: Reading
the Lives of the Early Saints (Hanover, N.H.: University Press of New England, 1987),
pp. 83–180; Jacques Le Goff, The Medieval Imagination, trans. Arthur Goldhammer
(Chicago: University of Chicago Press, 1988), pp. 47–59; Robert Pogue Harrison, Forests: The Shadow of Civilization (Chicago: University of Chicago Press, 1992). The ambivalence of global borders emerges in, on the one hand, the positioning of the Plinian or
monstrous races on the edges of the world and, on the other hand, the location of
Paradise on the eastern borders of mappae mundi (along with the placement of the blessed
and wondrous islands of classical mythology, such as the fortunate isles and the Hesperides on the western and northern margins of the world).
166
BEYOND ROME
geographic borders such as the desert as a means of both social critique
and social affirmation was taken up in the complaint literature of medieval England, a genre that often directed itself at the problem of justice.
For example, Gower’s Vox Clamantis is spoken in deserto, from, that is,
England, an isle inhabited by wild and lawless inhabitants, although, as
a man tells a dreaming Gower, there would not be ‘‘a worthier people
under the sun if there were mutual love among them.’’45 The Man of
Law’s Tale offers us a version of the English jeremiad taken up by Gower
and others.46 Through his geographically marginal heroine, the Man of
Law both acknowledges how judicial corruption rendered late medieval
England a savage frontier, and imagines the overcoming of that
problem.
The coupling of topographic isolation and forensic perfection in Custance suggests how her arrival in Northumbria sets the stage for an
isolated England’s acquisition of its own utopian alterity. When the English meet Custance, that is, they encounter their own religio-juridical
potential. Yet the Anglo-Saxons hardly embrace their visitor. In particular, during a crucial trial scene in the tale, the lawyer simultaneously
references and resolves the shortcomings of his class of legal professionals by depicting Custance both as the potential victim of a flawed
Anglo-Saxon legal system and the means by which that system achieves
judicial supremacy. During that trial, not only does an English knight
falsely accuse Custance of a murder he himself committed, but also the
45
John Gower, Vox Clamantis, Book 6, chap. 1; Book 1, chap. 20. Translations are
by Eric W. Stockton in The Major Latin Works of John Gower (Seattle: University of
Washington Press, 1962). See also the lament of the macaronic verse ‘‘On the Times’’
that while ‘‘Englond sum tyme was / regnorum gemma vocata; . . . Now gon ys that
honowr’’ due to certain immoral social practitioners—including those who ‘‘justum damnificabit.’’ Calls for reform that will return England to its former national glory follow.
T. Wright, Political Poems and Songs, vol. 1 (London, 1859–61), pp. 270–71.
46
The notion that the lawyer’s performance constitutes a kind of complaint isn’t new
to Chaucer studies. As readers such as Robert Enzer Lewis and Ann Astell have shown,
the Man of Law’s use both of Innocent III’s De miseria condicionis humanae and those
colors—indignatio, conquestio, exclamatio—that recall the classical rhetorical roots of monitory pieces, render him a Boethian personage lamenting the pattern of ‘‘joye after wo’’
that marks life generally and appears in a remarkably intense form in the story of
Constance (2.1161). Yet while such readers have documented the presence of a universal
brand of complaint in the tale, they have not considered the possibility that the lawyer
also offers a particularized social complaint that uses issues of gender and geographic
difference to engage with the utopian potential and notorious corruption ascribed to his
profession. Robert Enzer Lewis, ‘‘Chaucer’s Artistic Use of Pope Innocent II’s De miseria
humane conditionis in the Man of Law’s Prologue and Tale,’’ PMLA 81 (1966): 485–92;
Ann Astell, ‘‘Apostrophe, Prayer, and the Structure of Satire in the Man of Law’s Tale’’
SAC 13 (1991): 81–97.
167
STUDIES IN THE AGE OF CHAUCER
king himself, who presides over the proceeding, nearly executing our
holy heroine. Although Alla pities Custance, he also is taken by the
treacherous knight’s testimony, and ‘‘caught a greet motyf / Of this
witnesse, and thoughte he would enquere / Depper in this, a trouthe for
to lere’’ (lines 628–30).47 The lawyer’s portrayal of the king as a judge
is unique to Chaucer. While in the Chroniques and the Confessio Amantis,
the king meets an already vindicated Constance, the Man of Law’s Tale
depicts Alla as a justice dangerously close to making an unjust decision.48 The knight’s influence upon the king even prompts the Man of
Law to lament Custance’s potential death, complaining that ‘‘but if
Crist open myracle kithe, / Withouten gilt thou shalt be slayn as swithe’’
(lines 636–37).49 Alla’s initial doubts about Custance, however, vanish
after the tremendous descent of a hand from above to strike the libelous
knight’s neck, knock out his eyes, and decry his slander against a
‘‘doghter of hooly chirche’’ (line 675). That marvelous and terrible education leads to Alla’s juridical supremacy. During the trial and its immediate aftermath, the Man of Law’s nationalistic appropriation of
Custance culminates, as Alla, the very lex animata in England, converts
to the Christian law especially offered to his people, and unites in marriage with Justitia herself, as embodied by Custance.
Spiritual Gifts, Corporeal Baggage
Custance’s marriage to Alla points to the fundamentally incorporative
goal of national fantasy.50 While England resists incorporation within
47
On the ambiguity of ‘‘trouthe’’ in this passage, see Richard Firth Green, A Crisis of
Truth: Literature and Law in Ricardian England (Philadelphia: University of Pennsylvania
Press, 1999), p. 29.
48
In Trevet, Alle only determines the knight’s punishment (688), while in Gower
Allee only learns of and ponders secretly the meaning of Constance’s divine litigator
(890–95).
49
For Eberle, Custance’s trial displays how ‘‘often and how easily the practices of
actual courts can lead to unjust convictions, when, as is more often the case, a miracle
fails to occur’’ (Rough Justice, p. 33).
50
By ‘‘national fantasy,’’ I refer to a particular style or technique of approximating a
communal ideal. As Gellner and Anderson have taught us, all communities are imagined—they involve the impossible translation of a multitude of strangers into fellows,
of aliens into kin (Anderson, p. 6). Yet in linking fantasy with nationalism, I go beyond
Anderson’s point about the literal impossibility of all the members of a community
experiencing face-to-face contact. Fantasy in this essay also refers to how national discourses articulate impossible individual psychic desires, and how these forms respond
imaginatively to sociohistorical circumstances. My thinking here reflects both Fredric
Jameson and Kenneth Burke’s understanding of art as an imaginative resolution to
historical events (The Political Unconscious: Narrative as a Socially Symbolic Act [Ithaca:
Cornell University Press, 1981]; ‘‘Literature as Equipment for Living,’’ in The Philosophy
168
BEYOND ROME
the canonical ‘‘empire’’ of Rome, it also seeks to fulfill what Lauren
Berlant calls ‘‘the nation’s utopian promise to oversee a full and just
integration of persons’’ within its territorial boundaries.51 That ideal national inclusiveness emerges, as we have seen, in the Commons’ claim
that justice should be done for all. The lawyer’s manipulation of woman
as a sign of the judicial constancy that secures national unity no doubt
reflects the law’s disinterest in incorporating within the space of the nation all sorts of historically disenfranchised groups, such as the poor.
But, above all, the lawyer’s apparent celebration of national integration
via a gendered other masks a deep antipathy to historical feminine difference. Contemporary work on feminist geography has emphasized
how, as Elsbeth Probyn points out, ‘‘the movement of metaphorizing
the nation in terms of woman would generally serve to displace actual
historical women’’ and the discourse of medieval jurisprudence is no
exception.52 Such scholars as Carolyn Dinshaw, Elizabeth Fowler and
Shulamith Shahar have taught us how, even as juridical discourses on
Justitia celebrated woman as goddess, the patriarchal legal system of
medieval England sought to render historical women public outsiders.
As Pollock and Maitland put it, ‘‘in the camp, at the council board, on
the bench, in the jury box there is no place for them.’’53 The Man of
of Literary Form: Studies in Symbolic Action, 2d ed. [Baton Rouge: Louisiana State University Press, 1967]), Anderson’s notion of the ways nations inspire love, as well as Louise
Fradenburg and Carla Freccero’s thoughts on the reality and historical agency of fantasy
in ‘‘Caxton, Foucault, and the Pleasures of History,’’ in Premodern Sexualities, ed. Fradenburg and Freccero (New York: Routledge, 1996), pp. xiii–xxiv.
51
Berlant, Anatomy of National Fantasy, p. 21.
52
‘‘Bloody Metaphors,’’ p. 52; See also Johnson, ‘‘Monuments’’; McClintock, Imperial
Leather.
53
Pollock and Maitland, History of English Law, p. 485; Dinshaw, Chaucer’s Sexual
Poetics, p. 91; Elizabeth Fowler, ‘‘Civil Death and the Maiden: Agency and the Conditions of Contract in Piers Plowman,’’ Speculum 70 (1995): 760–93; Shulamith Shahar,
The Fourth Estate: A History of Women in the Middle Ages, trans. Chaya Galai (London:
Methuen, 1984). Of course, this is not to say that women did not have any agency in
the middle ages. Custance’s claim that ‘‘Wommen are born to thraldom and penance /
And to been under mannes governance,’’ certainly, offers an oversimplified assessment
of an extremely complex situation. Most notably, work over the last few decades has
revealed the powers enjoyed by widows and queens. Indeed, scholars have shown how
even ordinary Englishwomen of the lower and middling ‘‘classes’’ could take advantage
of certain legal opportunities during the late middle ages. Judith M. Bennett, for example, has demonstrated how, while medieval brewsters lacked the contractual authority
of men in England, they could serve as compurgators, a role generally denied women.
See Ale, Beer, and Brewsters in England: Women’s Work in a Changing World, 1300–1600
(New York and Oxford: Oxford University Press, 1996), pp. 90–91; 35–36. In her
work on medieval prostitution, Ruth Mazo Karras has shown both how the law aimed
at keeping the profession ‘‘accessible,’’ even as it sought to keep ‘‘its practitioners in its
place’’ (Common Women: Prostitution and Sexuality in Medieval England [New York: Oxford
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STUDIES IN THE AGE OF CHAUCER
Law’s idealization of Custance—like most idealizations of woman in the
official cultures of the premodern west—serves as a means of ironically
imagining the gender excluded from his national culture as, to use Jonathan Goldberg’s formulation, a ‘‘trope of ideal femininity . . . that secures male-male arrangements and an all male history.’’54 Custance’s
angelic qualities represent English lawmens’ desire to detach themselves
not only from Rome but also from woman in all her materiality. It is
worth noting, indeed, that during the trial episode, more than at any
other moment in the tale, the lawyer’s claim on the primacy of Custance’s spiritual identity over her historical ties most forcefully resonates: Custance may be, as the lawyer reminds the pilgrims, of ‘‘blood
roial’’ and an ‘‘emperoures doughter,’’ but it is only her affiliation with
God as a ‘‘doghter of hooly chirche’’ that stands her in good stead during her judicial ordeal (line 657).
Not long after her trial, however, our heroine’s physicality reemerges.
In the space of three lines, Chaucer’s lawyer describes how Custance lays
‘‘a lite hir hoolynesse aside,’’ on her wedding night and soon gives birth
to a baby boy (lines 713, 715). The lawyer’s assertion that Custance has
set aside her spirituality refers directly to her sexuality, a comment that
clearly resonates with the medieval elevation of a life of chastity linked
most famously with Jerome’s letter against Jovinian and derided so humorously by the Wife of Bath. But it also extends to the biological
outcome of that sexuality and the maternal role it implies. The notion
that a woman’s maternity stands in inverse proportion to her spirituality
probably wouldn’t have surprised the lawyer’s pilgrim auditors. As Clarissa Atkinson has shown, medieval mothers often considered their maternal function a hindrance to their own piety.55 And later in the
University Press, 1996], p. 14). Marjorie Keniston McIntosh and other scholars have
noted the active role played by women in social regulation, including ‘‘deciding when a
case should be brought to the attention of male officials for formal prosecution’’ (Controlling Misbehavior in England, 1370–1600 [Cambridge: Cambridge University Press,
1998], p. 24 n. 1). The presence of such opportunities for women, however, by no
means suggests any sort of spirit of equality under the law in England. In the case of
female social regulators, for example, while such women did enjoy a certain agency
under the law, that power all too often was aimed at limiting the behavior of other,
‘‘dangerous’’ women. If the law at times made a space for certain women as public
actors, its overall impulse was patriarchal.
54
Jonathan Goldberg, qtd. in Andrew Parker, Mary Russo, Doris Sommer, and Patricia Yeager, eds., Nationalisms and Sexualities (New York and London: Routledge,
1992), p. 6.
55
Clarissa W. Atkinson, The Oldest Vocation: Christian Motherhood in the Middle Ages
(Ithaca: Cornell University Press, 1991).
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BEYOND ROME
Canterbury Tales, it is precisely the degree to which the Clerk’s Griselda
demonstrates her holy steadfastness that determines the extent to which
she strays from her maternal role (ClT 561–65). Feminists have long
discussed the Christian west’s problem with woman’s procreative ability.
What is most important for us is the manner in which, for Chaucer’s
lawyer, the decline in holiness entailed by Custance’s maternity signifies
how, above all, it is historical woman’s maternal power that opposes his
geographic national fantasy. The threat posed by mothers, in effect, returns us to the larger territorial danger posed by canon lawyers’ efforts
to extend their jurisdictional authority into England. Both Rome and
mothers, that is, threaten to break down the territorial integrity of the
nation and the child, respectively. Like the maternal empire, the imperial mother represents the supplanting of independence with union and
indebtedness.56 The overbearing mothers of the Man of Law’s Tale, Donegild and the Sultaness, suggest how a mother’s power to bind the
child can take a distinctly disabling, even deadly, turn for her offspring.
While here the maternal bond turns lethal, in other medieval texts, the
debt binding the child to the mother, while still burdensome, emerges
as an effect of her capacity to nurture life. Marbod of Rennes thus asks
in his Liber decem capitulorum, ‘‘who . . . makes up . . . with love to
match’’ the ‘‘price of bearing a child which the careworn mother pays
in bringing us into the light’’?57 The labor expended by the mother, like
the work of conversion spent by the church, figures in Marbod’s text as
the most burdensome gift of all, that which cannot be returned. And
both of these kinds of potlatch converge in Custance’s maternity. The
body that bears Alla his son Maurice also shores up the historicity of
Custance, her status as, not the angelic converter of the Anglo-Saxons,
56
For a book-length treatment of the location of ‘‘the child’s vulnerability in the
body of the nurse/mother’’ (6), see Janet Adelman. For a list of work in ‘‘contemporary
object-relations psychoanalysis’’ that ‘‘locates differentiation from the mother as a special site of anxiety for the boy-child, who must form his specifically masculine selfhood
against the matrix of her overwhelming femaleness’’ (p. 7), see Adelman, Suffocating
Mothers, p. 244, n. 30.
57
Liber decem capitulorum, IV, trans. C. W. Marx, cited in Woman Defamed and Woman
Defended: an Anthology of Medieval Texts, ed. Alcuin Blamires with Karen Pratt and C. W.
Marx (Oxford: Clarendon Press, 1992), pp. 229–30. The union entailed by motherhood
emerges in the extent to which writers identified maternity supremely with breast feeding, as Bartholomaeus Anglicus does when he defines the mother as one who ‘‘puts
forth her breast to feed the child’’ (On the Properties of Things, 5:34, 32, cited in Atkinson,
Oldest Vocation, p. 58).
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STUDIES IN THE AGE OF CHAUCER
but a woman whose Roman ethnicity troubles the lawyer’s efforts to
distinguish England from the universal Christian family.58
The geographic ramifications shared by both the maternal potlatch registered by Marbod and the gift of ‘‘Cristes lawe’’ offered by Rome emerge
in the association in medieval world maps of world capitals such as Rome
with biological femininity. Both ancient and premodern chorographic
treatises describe the center of the world as an omphalos or navel. While
the ancient Greeks, for example, refer to a stone at Delphi that signifies
that ancient site’s status as the omphalos of the world, Jerome’s Commentary on Ezekiel supports the prophet’s confirmation of Jerusalem’s status
as the umbilicum terrae.59 What does it mean to characterize the center of
the orbis terrarum as a navel? This anthropomorphizing of the world, in
part, simply reflects the medieval notion of the unity of nature. In the
same way that, for example, medieval writers allotted man’s life various
‘‘ages’’ that accorded temporally with the number of seasons, months,
days in the week, and so on, they also compared man’s body spatially
with the world itself. Higden, for example, describes man as a microcosm
of the world in the Polychronicon, which claims that God ‘‘prynted on’’
man or the ‘‘lesse world’’ ‘‘the lykenesse of the gret worlde.’’60 Thus, given
its location, to cite Bartholomeus Anglicus, on ‘‘3e middil place of 3e
body,’’ the navel was identified with world centers by medieval writers.61
58
We should note here as well how Custance’s sexuality shores up the power of canon
law, given its considerable sway over issues of marriage and sexuality. See James A.
Brundage, Law, Sex and Christian Society in Medieval Europe (Chicago: University of Chicago Press, 1987) and Sex, Law and Marriage in the Middle Ages (Aldershot and Brookfield: Variorum, 1993).
59
On Delphi, see The Oxford Classical Dictionary (Oxford and New York: Oxford
University Press, 1996), s.v. ‘‘omphalos’’; and Henry George Liddel and Robert Scott,
eds. A Greek-English Lexicon (Oxford: Clarendon, 1968), s.v. ‘‘μφαλος.’’ ‘‘This city of
Jerusalem I have set among the nations, with the other countries round about her’’
(Ezek. 5:5). On Jerome, see Patrologia cursus completus . . . Series latina, v. 25 ed. J. P.
Migne (Paris: Migne, 1844–55) Cols. 52b. For a translation and discussion of Jerome
and other references to Jerusalem as navel, see Iain Macleod Higgins, ‘‘Defining the
Earth’s Center in a Medieval ‘‘Multi-Text’’: Jerusalem in The Book of John Mandeville,’’
in Text and Territory: Geographical Imagination in the European Middle Ages, ed. Sylvia
Tomasch and Sealy Gilles (Philadelphia: University of Pennsylvania Press, 1998),
pp. 34–35. For an overview of cultural representations of the omphalos, see Bruno Kauhsen, Omphalos. Zum Mittelpunktsgedanken in Architektur und Städtebau dargestellt an ausgewählten Beispielen (Munich: Seaneg, 1990).
60
Ranulf Higden, Polychronicon Ranulphi Higden monachi cestrensis, ed. Churchill Babington and J. R. Lumby, 9 vols. Rolls Series 41 (London: Longman, 1865–86), II: 177.
61
Bartholomaeus Anglicus, On the Properties of Things: John Trevisa’s Translation of Batholomaeus Anglicus’ De proprietatibus rerum: A Critical Text, ed. M. C. Seymour et al.,
two vols. (Oxford: Clarendon Press, 1975–1988), I.260.
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BEYOND ROME
Yet the navel also is a charged site of maternal union and debt. As
Elizabeth Bronfen puts it, the omphalos ‘‘functions as a sign of bondage’’
that distinguishes humankind anatomically from the angels.62 Even
more than the breast, the umbilicus territorializes maternal power by
memorializing the child’s imbeddedness in the mother’s uterus. Bartholomeus, for example, compares the umbilical cord to the root joining a
plant to the earth when he writes that ‘‘a childe in 3e modir wombe
fongi3 fedyinge by 3e nauel as treen and yerdes fongen priuey liche by
morys and rootis humour of 3e er3e and ben ifed 3erwy3.’’63 To describe
a world center as a navel, then, is to appropriate a graphic and spatialized emblem of the child’s ties to the maternal body, its biological dependence upon the mother. The status of Jerusalem—or, more
pointedly, Rome—as omphalos naturalizes the nonbiological production
of that capital; Rome becomes a source of the law (and all the other key
elements of civilization) akin to the maternal source of humanity. Above
all, Rome as omphalos signifies the enduring connection and subjection
of all earthly territories to their religio-cultural ‘‘mother.’’ Just as all
children are biologically indebted to the mothers who bore them, medieval England was burdened by its obligation to the mother church.
Hence, not long after Custance decides to ‘‘leye a lite hir hoolynesse
aside’’ and become a mother, she finds herself exiled from England and
‘‘fleteth in the see’’ once more (2.713; 2.901). It is Alla’s own mother,
Donegild, who sends Custance and her newborn child Maurice away
from England upon the very rudderless ship in which she had arrived.
A xenophobic contempt for Custance, we are told, compels Donegild to
sabotage her son’s marriage to ‘‘so strange a creature’’ (2.700). In her
counterfeited letter to Alla, Donegild speaks to a nation’s blood anxieties over the foreign woman when she writes that Custance must be an
elf, given her delivery of ‘‘so horrible a feendly creature / That in the
castel noon so hardy was / That any while dorste ther endure’’ (2.750–
62
Elizabeth Bronfen, The Knotted Subject: Hysteria and Its Discontents (Princeton:
Princeton University Press, 1998), p. 3. Offering the first sustained critical reading of
this charged body part, Bronfen reads the navel as telling sign of subjectivity as it is
understood along psychoanalytic lines. Bronfen is particularly interested in the navel
not simply as a representation of bondage to the mother but also as a severing, an
incision or wound evocative of the construction of the subject (and the symbolic castration it entails). This emphasis, in turn, reflects Bronfen’s desire to move ‘‘away from a
gendered notion of hysteria’’ in her book (p. xii). By contrast, I emphasize the more
straightforward relation of the omphalos to female power.
63
Bartolomaeus Anglicus, On the Properties of Things, I.260.
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STUDIES IN THE AGE OF CHAUCER
54). An endogamous queen mother, Donegild suggests how, as feminist
geographic work on nationalism observes, if there is a place for woman
in the nation, it is firmly rooted within privatized domestic space.64 Insofar as its welfare can be said to depend upon the ‘‘proper’’ (that is,
racialist and patriarchal) biological reproduction of its members,65 the
nation embraces mothers of national stock grounded firmly within the
home and rejects nomadic strangers such as Custance. Indeed, it is
worth noting, with Roland Smith, that the ‘‘legitimacy had been in
question’’ of the woman whom some readers of the tale and its sources
have identified as the historical counterpart to Custance, John of
Gaunt’s second Duchess, Costanza of Castille.66 Donegild’s aggression
toward Custance as foreign queen of England also recalls the ill repute
of some of her historical counterparts, such as the respective Isabellas of
France married to Edward II and Richard II. For example, as AngloFrench tensions increased at the end of the century, Richard’s Isabella
and her entourage became the object of a criticism that led to the deportation of ‘‘a dozen or more’’ ladies to France.67
Yet Chaucer’s nationalistic lawyer suggests otherwise—that it is not
Custance as foreign queen but Donegild as native queen mother who
proves problematic for England. The Man of Law censures Donegild for
her behavior and proclaims its ‘‘un-Englishness’’:
O Donegild, I ne have noon Englissh digne
Unto thy malice and thy tirannye!
And therfore to the feend I thee resigne;
Lat hym enditen of thy traitorie! (lines 778–80)
64
Johnson, ‘‘Monuments’’; Sarah Radcliffe, ‘‘Gendered Nations: Nostalgia, Development and Territory in Ecuador,’’ Gender, Place and Culture 3 (1996): 5–21; McClintock,
Imperial Leather. Two accounts of the medieval woman’s spatial enclosure are Joanne
McNamara, ‘‘City Air Makes Men Free and Women Bound,’’ in Text and Territory,
pp. 143–58; and Margaret Hallissey, Clean Maids, True Wives, Steadfast Widows: Chaucer’s
Women and Medieval Codes of Conduct (Westport, Conn.: Greenwood Press, 1993).
65
Cf. the miscegenational rhetoric of the Brut, which blames civil strife during Edward II’s reign on the paucity of English blood circulating in the veins of the aristocracy,
whereby ‘‘3e grete lordes of Engeland were nougt alle of o nacioun, but were mellede
wi3 o3ere . . . nacions acorded nougt to 3e kynde bloode of Engeland,’’ The Brut, or the
Chronicles of England, Part I, 1906, ed. Friedrich W. D. Brie, EETS OS 131 (London:
Oxford University Press, 1960), p. 220; discussed in Turville-Petre, England the Nation,
pp. 6, 17.
66
Roland Smith, ‘‘Chaucer’s Man of Law’s Tale and Constance of Castille,’’ JEGP 47
(1948): 348.
67
See Nigel Saul, Richard II (New Haven: Yale University Press, 1997), p. 457.
174
BEYOND ROME
In this stanza of exclamatio, found only in Chaucer, Donegild’s aggression toward Custance and her child places Alla’s mother outside the
vernacular, and hence only the devil, according to the Man of Law, can
accurately articulate this evil mother’s actions.68 While her libelous predecessor, the English knight, emerges in the tale as an enemy of God,
Donegild appears in this diatribe as the foe of both God and England;
her treachery so opposes her homeland that its native tongue cannot
even ‘‘speak’’ her crimes. By asserting his inability to describe Donegild
in English, the Man of Law, in a sense, implies her alterity to England
itself. The lawyer thus linguistically endeavors to do to Donegild what
she literally does to Custance, when the menacing queen mother orders
the constable to ‘‘croude hire fro the lond’’ (line 801). Indeed, the intractable Donegild, after having successfully ridden England of the foreign
woman in its midst, ends up not only linguistically but also physically
ejected from the nation as her son, playing again the role of judge,
executes his mother as a traitor (lines 894–95).
I would argue that, taken together, Donegild’s ejection of Custance
and the aggression the Man of Law directs at Donegild display what we
might call a strategy of occlusion in the tale, whereby an evil woman
accomplishes the ‘‘dirty work’’ that, if acknowledged openly as desirable
in the tale, would undermine its nationalistic appropriation of woman.
Donegild’s aggression toward Custance, that is, is shared by the Man of
Law. As we have already noted, Custance’s entry into the world—her
laying ‘‘a lite hir hoolynesse aside’’—disturbs the Man of Law because
it brings to light the linked threats of Rome and womanhood that challenge the territorial sovereignty cherished by his juridical class. Just as
fourteenth-century lawmen sought to eliminate the church’s presence in
England, so too does the Man of Law route through Donegild his masculinist aversion to ‘‘mother’’ Custance. That a repugnance toward all
women lies at the heart of this national fantasy may be best seen, perhaps, when we consider the fact that all the native English women who
68
No counterpart appears in the Chroniques or the Confessio Amantis. While the lawyer’s consignment of Donegild to the devil has been loosely related to a somewhat
similar moment in Inferno V (cf. Howard H. Schless, Chaucer and Dante: A Reevaluation
[Norman, Okla.: Pilgrim Books, 1984]), his linkage of that lack with the vernacular
does not appear in Dante. Other Canterbury pilgrims, of course, do refer to the descriptive inadequacies of the vernacular. Such moments, as Vincent J. DiMarco notes in his
explanatory notes to the Knight’s Tale in the Riverside Chaucer, may well constitute a kind
of modesty topos or reflect a certain ‘‘concern about the state of literary English’’ (p.
832). The passage from the Man of Law’s Tale offers a nationalistic inversion, I would
argue, of passages such as KnT 1459–60 and SqT 37–38.
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STUDIES IN THE AGE OF CHAUCER
appear in the tale are killed. The murder of Hermengild, the execution
of Donegild (and as well the expulsion of Custance) each testify to a
fantasy of emptying England of living, breathing women. Reflecting
the patriarchal bias of his class of legal professionals, Chaucer’s lawyer
imagines England as a fraternal collective, a site of, to quote Benedict
Anderson, ‘‘deep, horizontal comradeship.’’69 The evacuation of women
in the tale specifically suggests the wish that England could flourish
without their reproductive work. As so often is the case in national fantasy, biological reproduction is replaced with a nonbiological, symbolic
and masculinist production of England akin to Godwin’s creation of
sublime English identity via Chaucer, Virgil, and Petrarch.
Beyond England
Throughout this essay, I have emphasized the desire of English lawmen
to move beyond the forensic reach of Rome and exalt their isolated
homeland. The ostensible project of The Man of Law’s Tale is to rehabilitate marginality in the name of English sovereignty. Yet the final turns
of the tale suggest that our lawyer is not so confident about the benefits
of the marginal, the isolated and the otherworldly as he seems. After his
mother’s execution, Alla finds himself filled with ‘‘swich repentance’’
that he travels to Rome ‘‘to receyven his penance / and putte hym in the
Popes ordinance’’ (2.989-92). The Northumbrian king’s journey from
England to Rome suggests a certain English attraction to the world
omphalos at work in this Canterbury tale. In particular, Alla’s pilgrimage
reveals how any celebration of the marginal always entails an appreciation of the center. After all, the unique status of England as an isolated
island appears not through maps of England alone but through mappae
mundi that offer the global perspective of a Rome-centered world. Moreover, not only do the English need Rome to perceive their own geographic marginality in the first place, but also, as Godwin’s use of
Petrarch suggests, the English also require Rome to authorize their otherness. Although Custance’s spiritual ties reflect the Man of Law’s desire
to receive the gift of Roman Christianity without the Roman obligations
it entails, it is nevertheless Roman Christianity that she brings to England.
69
Anderson, Imagined Communities, p. 7; quoted in Parker et al., Nationalisms and
Sexualities, p. 6. See Schibanoff, ‘‘Worlds Apart,’’ on the Man of Law’s interest in producing a patriarchal bond between his male fellow pilgrims.
176
BEYOND ROME
England’s ambivalent attraction, so to speak, toward Rome endangers national welfare, for, as we have seen, things Roman—like things
maternal—risk the bursting of masculinist English boundaries and the
dissolution of a sovereign English world margin. Hence the lingering
attachment to his mother that makes Alla repent her execution results
in him relinquishing his isolated homeland and submitting himself to a
Roman Pope. The imaginary compensation of choosing centrality over
marginality ultimately amounts to the ‘‘flip side’’ of English geo-national fantasy, that is, English geo-imperial fantasy. Even as our lawyer
celebrates the English edge of the world, he also wishes, at some level,
that the English were less the inhabitants of an isolated island than a
global presence, possessors of the very universal dominance accorded
Rome. That rivalry with Rome, in turn, speaks to a patriarchal envy of
the mother’s potential power to obligate, bind, control and engulf her
offspring.70
It is, of course, Custance’s son, Maurice, who evinces the lawyer’s
imperial desires. The son also of Alla, and a man who ‘‘was sithen
Emperour / Maad by the Pope,’’ Maurice represents the fantasy of a
Roman Empire subject to an Englishman (lines 1121–22). To be sure,
the tale attempts to squelch its Roman impulses, and this aspect of the
tale is played down by the Man of Law. Trevet writes that ‘‘Cist Moris
fu apele de Romeyns en Latin ‘Mauricius Cristianissimus imperator’ ’’
(181), a line Gower translates as ‘‘men him calle / moris the cristeneste
of alle’’ (2.1597–98). The Man of Law, however, simply tells us that
Morris ‘‘to Cristes chirche . . . dide greet honour’’ (lines 1121–23).
Among these three versions of the Constance story, the Chroniques are
most clearly invested in an English imperial blood fantasy, as Trevet’s
version begins not with Constaunce but with her son, whose AngloSaxon paternity Trevet takes pains to clarify (165). While it appears
that what is at stake in the Chroniques is less Constaunce herself than
her generation of an English emperor of Rome par excellence, the Man
of Law’s Tale professes its disinterest in imperial fantasy. Claiming that
‘‘Of Custance is my tale specially,’’ Chaucer’s lawyer tells the pilgrims,
‘‘In the olde Romayn geestes may men fynde Maurices lyf; I bere it
noght in mynde’’ (lines 1125–27).
70
The lawyer’s tale exemplifies what Sheila Delany has described as ‘‘the deep-rooted
ambivalence about women that is a structural feature of late-medieval culture, providing
a terminus ad quem beyond which even the most well-intentioned writer cannot pass’’
(‘‘Difference and the Difference It Makes: Sex and Gender in Chaucer’s Poetry,’’ in A
Wyf there was, ed. Juliet Dor [Leige, Belgium: Universite de Liège, 1992], p. 103).
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STUDIES IN THE AGE OF CHAUCER
Yet perhaps the English justice protests too much. We may well draw
this conclusion from the final criss-crossing territorial movements of
Custance that end The Man of Law’s Tale. While, before her reconciliation with Alla, Custance already has trekked from Rome to England
and back, after her eventual reunion with her spouse Custance’s travels
between world center and world edge accelerate within the narrative
space of the tale, whereby, in three stanzas, Custance returns to England
and then, after Alla’s death, circles back to Rome. That delirious topographic ‘‘splitting’’ of Custance between England and Rome points to
the instability upon which the Man of Law’s national fantasy is founded.
At once attracted and repulsed by her maternity, alternately repudiating
and embracing Roman authority, both proud of and anxious about his
isolated homeland, Chaucer’s lawyer exhibits a version of the ideological
vacillation and uncertainty that Homi Bhabha and other contemporary
theorists associate with nationalism.71
The Man of Law’s Tale offers us a powerful example of the fraught
spatial relationships, both national and international, that so often undergird fantasies of medieval Englishness. It is no accident, for example,
that the first national tale told by a pilgrim in The Canterbury Tales also
moves between the territories evoked by the stories it precedes. To be
sure, the turn from first an aristocratic and then several peasant storytellers to one of the ‘‘new men’’ so well described by Anne Middleton
also prepares us for a nationalistic performance.72 Yet mutually constitutive with the social stations of these pilgrims are the settings of the tales
they tell. While the knight grandly transports his auditors to Athens,
and the Miller, Reeve, and Cook modestly remain within the confines
of England, the Man of Law straddles the line between the world’s English edge and its classical centers. It is not, significantly, stories set
solely in England that first celebrate the nation as such in The Canterbury
Tales; rather, England only emerges when it is positioned in relation to
other (namely Roman) spaces.
Literary critics’ need to analyze medieval England in relation to other,
extra-insular, frames of reference has been emphasized recently by
71
Homi K. Bhabha, ‘‘DissemiNation: Time, Narrative, and the Margins of the Modern Nation’’ in The Location of Culture, ed. Bhabha (London and New York: Routledge,
1990), pp. 139–70.
72
Chaucer’s ‘New Men’ and the Good of Literature in the Canterbury Tales,’’ in Literature and Society, ed. Edward W. Said (Baltimore: Johns Hopkins University Press, 1980),
pp. 15–56.
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BEYOND ROME
David Wallace. In Chaucerian Polity, Wallace’s comparison of political
systems in both England and Italy provides an important and muchwelcomed counter to what he calls the ‘‘insurality of historicist criticism’’ in medieval studies. Wallace’s replacement of the typically insular
gaze upon English medieval literature by literary critics with a look at
the cultures of both England and the continent constitutes a crucial
step in our understanding of Chaucer’s international dimensions. Yet
Chaucerian Polity in fact has little room for space itself as an analytical
category—for, that is, the multiple, politicized, and contradictory productions of the spaces of England and Italy in Chaucer’s literary corpus.
One of my aims in this essay has been to demonstrate the benefits of
such a cultural geographic approach to England and those national/imperial ‘‘others’’ through which Englishness was defined.
Of course, as recent work on postcolonial England reminds us, the
English anxiety over space and place within an imperial frame that we
have witnessed in The Man of Law’s Tale also is very much a condition
of modernity and postmodernity. The correspondences that obtain between an isolated medieval England’s vexed relation to Rome and a
new millennial England’s problematic relation to the legacy of empire
suggests the utility of post-colonial theory to the analysis of English
medieval literature and culture. The nuanced understanding of English
imperialism offered by post-colonial studies can help prevent medievalists from repeating the reifications of English nationalism found in past
medieval scholarship. Scholars of post-colonial England, as well, may
have something to learn from medievalists, given the important prehistory to contemporary nationalism that medieval English culture provides.73 In particular, the vexed positioning of geographic marginality
in such texts as The Man of Law’s Tale complicates contemporary thinking on the role alterity plays in national fantasy in the west. If we typically understand nations as constructed against what is imagined as
strange and different, the middle ages presents us with an example of
how Englishness emerged from English writers’ self-conscious engagement with their own geographic otherness.74 Indeed, as the example of
Cf. the essays in Cohen, ed., The Postcolonial Middle Ages.
See for example Edward Said, Orientalism (New York: Pantheon, 1978); Homi K.
Bhabha, ‘‘The Other Question: The Stereotype and Colonial Discourse,’’ Screen 24.6
(1983): 18–36; and ‘‘DissemiNation’’; Paul Gilroy, ‘‘One Nation Under a Groove: The
Cultural Politics of ‘Race’ and Racism in Britain,’’ in Anatomy of Racism, ed. David Theo
Goldberg (Minneapolis: University of Minnesota Press, 1990); Gilroy, There Ain’t No
Black in the Union Jack (London: Hutchinson, 1987); and Slavoj Žižek, ‘‘Eastern Europe’s
Republics of Gilead,’’ New Left Review 183 (1990): 50–62.
73
74
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STUDIES IN THE AGE OF CHAUCER
Godwin suggests, English isolation persisted as a trope in English literature well after Chaucer. From Thomas More’s Utopia, to Samuel Johnson’s Dictionary, and Joseph Conrad’s Heart of Darkness, English literary
history has engaged, with varying results, with the cartographic othering of premodern England.75 Both critics and defenders of English imperialism have been haunted by not only the ‘‘ghost’’ of Rome, but also
the specter of an isle ‘‘enveloped in fogs and darkness.’’
75
On Utopia and English geographic isolation, see Jeffrey Knapp, An Empire Nowhere: England, America and Literature from the Utopia to the Tempest (Berkeley: University
of California press, 1993). On Johnson and Conrad, see The Works of Samuel Johnson
(Oxford: Oxford University Press, 1825), 5:21; Heart of Darkness (Harmondsworth: Penguin, 1983), pp. 29–31.
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