this Land which retained nothing of the former nor held other memory but that of the dissolution thereof where scarce a Citie Dwelling Riuer Hill or Mountayne but changed names Britayne it selfe was now no more Britayne but New Saxonie and shortly after either of the Angles the greatest people of the inuadors or of Hengist called Engist-Land or England The distance made by the rage of warre lay so wide betweene the conquering and conquered people that nothing either of lawes rites and customes came to passe ouer vnto vs from the Britaynes nor had our Ancestors any thing from them but their countrie which they first diuided into eight kingdomes all which continued to the last extermination of the Britaynes vnder Caretius their King with whome they were driuen ouer Seuerne 136. yeeres after the first entertainement of Hengist And soone after the Saxons encroching vpon each othe rs parts or States which neuer held certaine boundes and the stronger vsurping vpon their weaker neighbours reduced them to seauen kingdomes that of the Northanimbrians being made one of two and then to sixe the west Saxons taking in the kingdome of Sussex to their dominion And so it continued about 250 yeares At the first by the space of 150 yeares they were meerely gouerned by their owne lawes without mixture of any other But after Augustine the Monke sent with 40 others by Pope Gregorie had conuerted Aethelbert King of Kent and some other they all shortly after receiued the Christian faith and had their lawes and rites ordered according to Ecclesiasticall constitutions Many of their Kings when their sterne asperitie grew molified by humility of the religion beganne to raise presently so many and great monuments of their piety in all parts of the Land as if they striued who should exceed therein and had no other glorie Diuers of them renounced their temporall dignities for Spirituall solitude and became Monkes as Aetheldred and Kinred Kings of Merena-Land Offa King of the East Saxons Kadwalla and Ina Kings of the west Saxons Eadberte King of the Northumbrians c. At length the kingdomes of Merc-naland and west Sax so far ouergrew the others in power as betweene them two it lay who should haue all For Ina a martiall wise and religious Prince gouerning the west Saxons first aduaunced that kingdome to a preheminencie did much to haue subdued Mercna-land but yet Offa afterwards King thereof was in faire possibility to haue swallowed vp both the west Saxons and all the rest of the kingdomes For whilst hee liued which was in the time of Carolus Magnus with whom hee held league and amity hee was esteemed as the especiall King of the Land But the many wrongs he did and the murther committed in his house vpon Aethelbert King of the East Angles comming to him vnder publique faith and a suitor to his daughter were iustly reuenged vpon his posteritie which after him declining in the end lost all For Egbert discended from Inegild the brother of Ina attayning the kingdome of the west Saxons beganne the way to bring all the rest into subiection And being a Prince who from a priuate fortune wherin he liued below with and not aboue other men had learned sufferance and moderation and by the Estate of an exile experience grew to haue great aduantages ouer the time and others borne fortunes and rose by these meanes Ina his great vncle renouncing the world with his kingdome and dying without issue left the succession imbroiled and out of the direct royall lyne as hee found it So that those foure Kings of the west Saxons who seuerally succeeded him Ethelard Sigibert Kinulph and Britric were rather Kings by election and their owne power then by right of discent And Britric knowing the weakenesse of his title and the much promising forwardnes of Egbert with his propinquitie in bloud to the former Kings practized to haue him made away which he perceauing fled first to Offa King of Mercna-land where finding little security in regard Britric had to strength himselfe married the daughter of that king hee escaped into France and there remayned till the death of Britric and then returning obtaines the kingdome of the Westsaxons subdues Cornewall inhabited by the Britaynes and after sets vpon Bernulph newly inuested in the kingdome of Mercna-land a State by the rupture of the Royall lyne likewise growne tottering For Egferth the sonne of Offa enioyed but. 4. monethes the inheritance of his fathers immanitie whereby that kingdome discended collaterally to Kennulph who left it to Kenelme a child after murthered by his sister Quinred Ceolulph brother to Kennulph succeeding after his first yeares raigne was expeld by Bernulph and Bernulph by Egbert who made that kingdome tributarie to the west Saxons as he did after that of the South and East Saxons with the kingdome of Northumberland And by this meanes in a manner attained to a soueraignty of the whole But the Danes imbroiling his peace in the end of his raigne held him backe from enioying such a fulnesse of power as that wee may account him the absolute Monarch of the kingdome nor yet any of his successors so long as the Danes continued vnsubiected For they hauing first made irruptions into the State in the raigne of the late King Britric his predecessor euer after held a part thereof and afflicted the whole till they had attayned the absolute soueraigntie to themselues The Danes were a people of Germanie next neighbours to the Saxons and of language and manners little different possessing besides Cimbrica Chersonesus now called Denmarke all the Isles adiacent in the Baltique Sea and sometimes the kingdome of Norway A mightie rough and martiall nation strong in shipping through their exercise of piracie and numerous in people for all suppliments Who perceauing heere the happie successe and plantation of the Saxons were drawne with desire and emulation likewise to put in for a part the coaste lying open to inuasion and the many diuisions of the Land with the discord of Princes making them an easie way thereunto So that in a manner as soone as the Saxons had ended their trauailes with the Britaynes and drew to settling of a Monarchie the Danes as if ordain'd to reuenge their slaughters beganne to assault them with the like āfflictions The long the many and horrible encounters betwene this two fierce nations with the bloudshed and infinit spoiles committed in euery part of the Land are of so disorded and troublous memory that what with their asperous names together with the confusion of place times and persons intricately deliuered is yet a warre to the reader to ouer-looke them And therefore to fauour myne owne paines and his who shall get little profit thereby I passe them ouer After the death of Egbert Aethelwolph his sonne succeeded in the State with the title of King of the west Saxons only and was a Prince more addicted to deuotion then action as may be seene by his donation of the tenth part of
and where his competitor Edgar liued to beget and nurse perpetuall matter for their hopes and at hand for all aduantages he enters that kingdome with a puissant Army which incountring with more necessities then forces soone grew tired and both Kings considering of what difficulties the victorie would consist were willing to take the safest way to there endes and vpon faire ouertures to conclude a peace Articling for the boundes of each kingdome with the same title of dominion as in former times All delinquents and their partakers generally pardoned Heere with the vniuersall turne of alteration thus wrought in England Scotland being a part of the bodie of this Isle is noted to haue likewise had a share and as in the Court of England the French tongue became generally spoken so in that of Scotland did the English by reason of the multitude of this Nation attending both the Queene and her brother Edgar and daily repairing thither for their safetie and combination against the common enemie of whom diuerse abandoning their natiue distressed Country were by the bountie of that King preferred and there planted spread their off-spring into many noble families remaining to this day The titles for distinguishing degrees of honour as of Duke Marquesse Earle Baron Rider or Knight were then as is thought first introduced and the nobler sort began to be called by the title of their Signories according to the French manner which before bare the name of their Father with the addition of Mac after the fashion of Ireland Other innouations no doubt entred there likewise at the opening of this wide mutation of ours fashion and imitation like weedes easily growing in euery soile Shortly after this late made peace Edgar Etheling voluntarily came in and submitted himselfe to the King being then in Normandy and was restored to grace and a faire maintenance which held him euer after quiet And it made well at that time for the fortune of the King howsoeuer for his owne being thought to haue ill-timed his affaires either through want of seasonable intelligence or dispaire of successe in making too soone that submission which was latter or neuer to haue bene done For in this absence of the King Roger fits Auber the yong Earle of Hereford contrary to his expresse commaundement gaue his sister in marriage to Ralph Waher Earle of Northfolke and Suffolke and at the great solemnization thereof the two Earles conspired with Eustace Earle of Boloigne who secretly came ouer to this festiuall and with the Earle Waltheof and other English Lords to call in the Danes and by maine power to keepe out and dispossesse the King Who hauing thus passed ouer so many gulfes of forraine dangers might little imagine of any wracke so neere home and that those whom he had most aduanced should haue the especiall hand in his destruction But no rewards are benefits that are not held so nor can euer cleere the accounts with them that ouer-value their merits And had not this conspiracie bene opportunely discouered which some say was by the Earle Waltheof moued with the vglinesse of so foule an ingratitude they had put him againe to the winning of England But now the fire bewrayed before it flamed was soone quenched by the diligence of Odon the Kings Vice-gerent the Bishop of Worcester and others who kept the conspirators from ioyning their forces So that they neuer came to make any head but were either surprized or forced to flie The Earle Roger fitz Auber was taken and some say executed and so was shortly after the Earle Waltheof whose dissent from the act could not get him pardon for his former consent though much compassion in respect of his great worthinesse But the wide distent of these tumors fed from many secret veines seemed to be of that danger as required this extremity of cure especially in a part so apt for infection vpon any the like humors For this conspiracie seemes to take motion from a generall league of all the neighbour Princes here about as may well be gathered by their seuerall actions First in the King of France by defending Dole in Britaigne a Castle of Raph de Waher against the King of England and in likelihood imploying the Earle of Boloigne towards the conspirators In Swayne King of Denmarke by sending a Nauy of two hundreth saile vnder the conduct of his sonne Knut and others In Drone King of Ireland by furnishing the sonnes of Harald with 65 ships In Malcoline and the Kings of Wales by their readinesse to assist But the Danes being on the coast and hearing how their confederates had sped with the great preparations the king had made after some pillage taken vpon the shores of England and Flanders returned home and neuer after arriued to disturbe this land Though in Anno Reg. 19. Knute then king of Denmarke after the death of Swaine intending to repaire the dishonour of his two last aduentures past and put for the Crowne of England his predecessors had holden prepared a Nauie of a thousand saile and was aided with sixe hundreth more by Robert le Frison Earle of Flanders whose daughter he had maried But the winds held so contrary for two yeares together as vtterly quasht that enterprize and freed the king and his successors for euer after from future molestation that way But this businesse put the State to an infinit charge the king entertaining all that time besides his Normans Hugh brother to the king of France with many companies of French Finding the English in respect of many great families allied to the Danes to incline rather to that nation then the Norman and had experience of the great and neere intelligence continually passing betweene them And these were all the warres he had within the kingdome sauing in Anno Regni 15. he subdued Wales and brought the kings there to do him homage His warres abroad were all about his dominions in France first raised by his owne sonne Robert left Lieftenant gouernour of the Duchy of Normandy the Countie of Mayne who in his fathers absence tasting the glorie of commaund grew to assume the absolute rule of the Prouince causing the Barons there to doe him homage as Duke not as Lieftenant and leagues him with the King of France who working vpon the easinesse of his youth and ambition was glad to apprehend that occasion to disioynct his estate who was growen too great for him And the profuse largesse and disorderlie expence whereto Robert was addicted is nourished by all wayes possible as the meanes to imbrake him in those difficulties of still getting money that could not but needes yeild continuall occasion to intertayne both his owne discontent and theirs from whom his supplies must be raised And though therby he purchased him the title of Courtois yet he lost the opinion of good gouernment and constrayned the estates of Normandie to complaine to his father of the great concussion and violent exactions he vsed amongst them The King
she had from a blessed mother and with much a do was wonne from her cloyster and her vow to God to discend to the world and be a wife to a King Thus stood he intrenched in the State of England when his brother Robert returning from the holy warres and receiued with great applause into his Duchie of Normandy shakes the ground of all this businesse the first yeare threatning the second ariuing with a strong Army at Portsmouth to recouer the Crowne appertayning to him by the course of right hauing a mighty partie in England of the Norman Nobilitie who either moued with conscience or their discontent a sickenesse rising of selfe opiniō ouer-expectatiō made any light occasion the motiue of reuolt The Armyes on both sides meete and are readie to incounter when for auoyding Christian bloud a treatie of peace was moued and in the end concluded with these articles that seing Henry was borne since his father was King of England which made him the eldest sonne of a King though the last of a Duke and now inuested in the Crowne by the act of the kingdom he should inioy the same during his life paying to Robert 3000. markes per annum and Robert suruiuing to succeed him that all who had taken part with Robert should haue their pardon and receiue no detriment This businesse thus fairely passed ouer Robert of a generous and free nature staies and feasts with his brother here in England from the beginning of August till Michelmas and then returnes into Normandie When Henry rid of this feare takes to a higher strayne of regalitie and now standes vpon his Prerogatiue for the inuestitures of Byshops and collation of other Ecclesiasticall estates within his kingdome oppugned by Anselme who refused to consecrate such as he preferred alledging it to be a violation of the sacred rites and Ceremonies of the Church lately decreed concerning this businesse in so much as the King dispatches an Embassage to Pope Paschal with declaration of the right he had to such inuestitures from his predecessors the Kings of England who euermore conferred the same without interruption till now of late Anselme followes after these Ambassadours goes likewise to Rome to make good the opposition The King banishes him the kingdom and takes into his hands the Byshopricke The Pope standes stifly to the power assumed by the Church but in the end seeing the King fast strong and lay too far off out of his way to be constrayned and hauing much to do at that time with the Emperour and other Princes about the same businesse takes the way of perswasion to draw him to his will soliciting him with kinde letters full of protestations to further any designes of his that might concerne his state if he would desist from this proceeding The King prest with some other occasions that held him in and hauing purposes of that nature as by forbearance of the Church might be the better effected consents to satisfie the Popes will and becomes an example to other Princes of yeelding in this case Anselme is re-called after a yeares banishment and the Ambassadors returne with large remunerations Whilst these things were managing at Rome there burst out here a flame which consumed the parties that raised it and brought the king more easily to his ends then otherwise he could euer haue expected Robert de Belesme Earle of Shrewsbury sonne to Roger de Mongomery a fierce youth presuming of his great estate and his friends fortifies his Castles of Shrewsbury Bridgenorth Tickhill and Arundell with some other peeces in Wales belonging to him and combines with the Welch to oppose against the present State out of a desire to set all in combustion for his owne ends that were vncertaine which put the king to much trauaile and charge but within 30. dayes by imploying great forces and terrors mixt with promises he scattered his complices and tooke all his Castles except that of Arundell which rendred vpon condition that the Maister might be permitted to retire safe into Normandy which the king easily granted seeing now he was but the body of a silly naked creature that had lost both feathers and wings And it made well for the king his going thither For from the loosing of his owne estate in England and thereby aduancing the kings reuenues he goes to loose Normandy also and bring it to this Crowne For as soone as he came thither he fastens amitie with one of like condition and fortune as himselfe an exiled man whose insolencie had likewise stript him out of all his estate in England and much wasted that in Normandie which was William Earle of Mortaigne sonne to Robert halfe brother to King William I. Who being also Earle of Cornewall made sute likewise to haue that of Kent Which his vnkle Odon lately held but being denyed it and also euicted by law of certayne other parcels of Land which he claymed retires with great indignation into Normandie where not onely he assaults the Kings Castles but also vsurps vpon the State of Richard the young Earle of Chester then the Kings warde These two Earles combine themselues and with their adherents committed many outragious actions to the great spoyle and displeasure of the Country whereof though they complayned to Duke Robert they found litle remedie For he being now grown poore by his out-lauishing humor began it seemes to be little respected or els falne from action those greatnesses his expectation had shewed him was as commonly great mindes dasht with ill fortunes are falne likewise in spirit and giuen ouer to his ease Whereupon the people of Normandie make their exclamations to the King of England who sendes for his brother Robert reprehendes him for the sufferance of these disorders aduises him to act the parte of a Prince and not a Monke and in conclusion whether by detention of his pension or drawing him being of a facile nature to some act of releasing it sendes him home so much discontented as he ioynes with these mutinous Earles and by their instigation was set into that flame as he raysed all his vtmost forces to be reuenged on his brother The King touched in conscience with the fowlenesse of a fraternall war which the world would take he being the mightier to proceed out of his designes stood doubtfull what do when Pope Pasehall by his letters written with that eloquēce saith Malmesbury wherein he was quicke perswaded him that herein he should not make a ciuill warre but do a noble and memorable benefit to his Country Whereby payde for remitting the inuestitures he held himselfe countenanced in this businesse Whereon now he sets with more alacritie and resolution And after many difficulties and losse of diuers worthy men in a mightie battayle nere the Castle of Tenerchbray his enemies with much a do were all defeited Whereby England wonne Normandie and on the same day by computation wherein 40. yeares before Normandie ouer-came England such are the turnings in affaires of men
was much maligned by them putting the King in head that all these great Castles especially of Salisbury the Vies Shirburne Malmsbury and Newwark were onely to intertayne the partie of Maude whereupon the King whose feares were apt to take fire sendes for the Byshop of Salisbury most suspected to Oxford The Bishop as if foreseing the mischiefe comming to him would gladly haue put off this iourney and excused it by the debilitie of his age but it would not serue his turne thither he comes where his seruants about the taking vp of lodgings quarrell with the seruants of the Earle of Britayne and from wordes fall to blowes so that in the bickering one of them was slayne and the nephew of the Earle dangerously wounded Whereupon the King sendes for the Bishop to satisfie his Court for the breach of peace made by his seruants The satisfaction required was the yeelding vp the keyes of his Castles as pledges of his fealtie but that being stood vpon the Bishop with his nephew Alexander Byshop of Lincolne were restrayned of their libertie and shortly after sent as prisoners to the Castle of the Deuises whither the Byshop of Eley another of his Nephews had retired himselfe before The King seazes into his handes his Castles of Salisbury Shyrburne Malmesbury and after 3. dayes assault the Deuises was likewise rendred besides he tooke all his treasure which amounted to 40. thousand markes This action being of an extraordinary strayne gaue much occasion of rumor some said The King had donne well in seazing vpon these Castles it being vnfit and against the Cannons of the Church that they who were men of religion and peace should raise fortresses for warre and in that sort as might be preiudiciall to the King Against this was the Byshop of Winchester the Popes Legat taking rather the part of his function then that of a brother saying that if the Bishops had transgressed it was not the King but the Cannons that must iudge it that they ought not to be depriued of their possessions without a publique Ecclesiasticall Counsell that the King had not donne it out of the zeale of iustice but for his owne benefit taking away that which had beene built vpon the Lands and by the charge of the Church to put it into the hands of lay men little affected to religion And therefore to the end the power of the Cannōs might be examined he appoints a Counsell to be called at Winchester whither the King is summoned and thither repaire most of all the Byshops of the Kingdome where first is read the Commission of the Legatine power granted by Pope Innocent to the Bishop of Winchester who there openly vrges the indignitie offred to the Church by the imprisoning of these Bshops An act most haynous and shamefull for the King that in the peace of his Court thorow the instigation of euell ministers would thus lay hands vpon such men and spoyle them of their estates Which was a violence against God And that seing the King would yeeld to no admonitions he had at length called this Councell where they were to consult what was to be donne that for his part neither the loue of the King though his brother nor the losse of his liuing or danger of his life should make him fayle in the execution of what they should decree The King standing vpon his cause sendes certayne Earles to this Councell to know why he was called thither answere was made by the Legat that the King who was subiect to the faith of CHRIST ought not to take it ill if by the ministers of CHRIST he was called to make satisfaction being conscious of such an offence as that age had not knowne that it was for times of the Gentiles for Bishops to be imprisoned and depriued of their possessions and therefore they should tell the King his brother that if he would vout safe to yeeld consent to the Councell it should be such by the helpe of God as neither the Roman Church the Court of the King of France nor the Earle Theobald brother to them both a man wise and religious should in reason dislike it that the King should do aduisedly to render the reason of his act and vndergo a Canonicall iudgement that he ought in duty to fauour the Church into whose bosome being taken he was aduanced to the Crowne without any militarie hand With which answere the Earles departed attended with Alberic de Ver a man exercised in the law and hauing related the same are returned with the Kingsreply which Alberic vtters and vrges the inuries Bishop Roger had donne to the King how he seldome came to his Court that his men presuming vpon his power had offred violence to the Nephew and seruants of the Earle of Britayne and to the seruants of Herui de Lyons a man of that Nobilitie and sloutnesse as would neuer voutsafe to come vpon any request to the late King and yet for the loue of this was desirous to see England where to haue this violence offred was an iniury to the King and dishonor to the Realme that the Bishop of Lincolne for the ancient hatred to the Earle of Britayne was the author of his mens sedition that the Bishop of Salisbury secretly fauored the Kings enemies and did but subtlely temporize as the King had found by diuers circumstances especially when Roger de Mortimer sent with the Kings forces in the great danger of Bristow he would not lodge him one night in Malmsbury that it was in euery mans mouth as soone as the Empresse came He and his nephews would render their Castles vnto him That he was arested not as a Bishop but a seruant to the King and one that administred his procurations and receiued his monies That the King tooke not his Castles by violence but the Bishop voluntarily rendred them to auoyd the calumnie of their tumult rayfed in his Court if the King found some money in his Castles he might lawfully seaze on it in regard that Roger had collected it out of the reuenues of the King his vnkle and predecessor and the Bishop willingly yeelded vp the same as well as his Castles through feare of his offences and of this wanted not witnesses of the Kings who part desired that the couenants made betweene him and the Bishop might remayne ratified Against this Bishop Roger opposes That he was neuer seruant to the King nor recesued his moneyes and withall added threatnings as a man not yet broken though bent with his fortunes that if he found not iustice for his wrongs in that Councell he would bring it to the hearing of a greater Court The Legat mildly as hee did other things said That all what was spoken against the Bishops ought first to be examined in the Ecclesiasticall Councell whether they were true or no before sentence should haue beene giuen against them contrary to the Canons and therefore the King should as it is lawfull in iudiciall trials reuest the Bishops
Guien grew into such an odious conceipt of her vpon the notice of her lasciuious behauiour in those partes as the first worke he doth vpon his comming backe he repudiates and turnes her home with all her great dowrie rather content to loose the mightie estate she brought then to liue with her With this great Lady matches Henry before he was 20. yeares of age being now Duke of Normandie his father deceased who had recouered it for him and had by her the possession of all those large and rich Countries apertaining to the Duchy of Guien besides the Earldome of Poicton Whereupon Louys inraged to see him inlarged by this great accession of State who was so neere and like to be so dangerous and eminenta neighbour combines with Stephan and aydes Eustace his sonne with mayne power for the recouery of Normandie wherein he was first possest But this young Prince furnished now with all this powerfull meanes leaues the management of the affayres of England to his frendes defendes Normandie wrought so as the King of France did him little hurt and Eustace his competitor returned home into England where shortly after he dyed about 18. yeares of his age borne neuer to see out of the calamities of warre and was buried at Feuersham with his mother who deceased a little before and had no other ioy nor glorie of a Crowne but what we see Stephan whilst Duke Henrie was in Normandie recouers what he could and at length besieges Wallingsord which seemes in these times to haue bene a peece of great importance and impregnable and reduced the Defendants to that extremitie as they sent to Duke Henrie for succour who presently thereupon in the middest of winter ariues in England with 3000. foot and 140. horse Where first to draw the King from Wallingford he layes siege to Malmesbury and had most of all the great men in the West and from other partes comming in vnto him Stephan now resolued to put it to the tryall of a day brings thither all the power he could make and far ouer-went his enemy in number but flouds and stormes in an vnseasonable winter kept the Armies from incountring till the Bishops doubtfull of the successe and seeing how dangerous it was for them and the whole State to haue a young Prince get the maistry by his sworde mediated a peace which was after concluded in a Parlement at Winchester vpon these conditions 1 That King Stephan during his naturall life should remayne King of England and Henrie inioy the Dukedome of Normandie as discended vnto him from his mother and be proclaymed heire apparent to the kingdome of England as the adopted sonne of King Stephan 2 That the partizans of either should receiue no damage but inioy their estates according to their ancient rights and titles 3 That the king should resume into his hands all such parcels of inheritance belonging to the Crowne as had beene aliened by him or vsurped in his time And that all those possessions which by intrusion had beene violently taken from the owners since the dayes of king Henry should be restored vnto them who were rightly possessed therein when the said king raigned 4 That all such Castles as had beene built by the permission of Stephan and in his time which were found to be 1117 should be demolished c. There is a Charter of this agreement in our Annals which hath other Articles of reseruation for the estates of particular persons And first for William the second sonne of Stephan to enioy all the possessions his father held before he was king of England and many other particulars of especiall note After this pacification and all businesse here setled Duke Henry returnes into Normandy and likewise there concludes a peace with the king of France and for that he would be sure to haue it buyes it with twenty thousand Markes And now king Stephan hauing attained that he neuer had Peace which yet it seemes he enioyed not a yeare after vses all the best meanes he could to repaire the ruines of the State makes his progresses into most parts of the kingdome to reforme the mischiefes that had growne vp vnder the sword and after his returne cals a Parliament at London to consult of the best meanes for the publicke good After the Parliament he goes to meete the Earle of Flanders at Douer who desired conference with him and hauing dispatcht him fals presently sicke dies within few dayes after and was buried in the Abbey he founded at Feuersham with the vnfortunate Princes A man so continually in motion as we cannot take his dimension but onely in passing and that but on one side which was war on the other we neuer saw but a glance of him which yet for the most part was such as shewed him to be a very worthy Prince for the gouernment He kept his word with the State concerning the relieuement of Tributes and neuer had Subsidie that we find But which is more remarkeable hauing his sword continually out and so many defections and rebellions against him he neuer put any great man to death Besides it is noted that notwithstanding all these miseries of warre there were more Abbaies built in his raigne then in 100. yeares before which shewes though the times were bad they were not impious The end of the third Booke Errata For the Faults committed herein Charitable Reader know they are not the Printers who hath bin honestly carefull for his part but meerly mine owne freely confessing my selfe to be more an honorer then searcher of antiquities that lie far off from vs and onely studious of the generall notions which especially concerne the succession of affaires of action which is the part I haue vndertake And therefore I trust all worthy spirits in that respect will pardon me and reforme my knowledge rather by way of conference then detraction for no man truly ingenious is malignant And if Iliue after this priuate impression which is but of a few coppies for my friends I will amend what is amisse in the publique I haue gote ouer the worst and roughest part of this worke and am now come into a more playne and open passage where I shall be better able to stand to answer for what shall be done and I trust haue more helpes of my frendes and all worthy men that are furnisht with matter of this nature whom I inuoke to assist mee and who seeing my honest ends I trust will not deny their Country the knowledge of what they haue And especially herein I rely vpon the ayde of the right worthy and well-deseruing knight Sir Robert Cotton who out of his choyce and excellent store can best furnish this worke FINIS Caes. comment libro 5. Complures sunt apud cos dominationes Strabo lib. 4. Cic. in Ep. ad Atticum vbi belli Britannici exitiâ— expectari scribit nullius ex ea spem praedae nisi ex mancipijs ait ex quibus nullos puto te literis aut musicis cruditos expectare Et lib. de Nat. Deorum paris eos cum Scithis barbaries insimulat Ingenio GalloruÌ„ partim simileis sunt partim simplicioreis magis barbari Srabo lib. 4. And it was after the subiection of Gaule that they intertayned Philosophers and physitions for publique Readings and became a schoole for those parts as we may perceiue by Strabo libro 2. Nostra aetate inquit Strabo lib. 4. Regulorum quidem Britanicorum legationibus officys amicitiam Augusti Caef. consecuti donarâ—a in Capitolio dedicarunt familiaremque Romanis totam pene insulam redigerunt And at that time it seemes by Strabo held it not worth the garding for that it would not quit the charge Camolodunum now Maldon Noticia The end of the Romans Gouerment in Britayne Anno. 447. Gildas de excidio Britaniae The State of the Saxons Vortigern is deposed Vortimer elected King of Brittayne King Arthur The seuerall entries made by the Saxons The absolute subuersion of Britayne Egbert obteyned the kingdome which by him was named EngLind Anno. 802. The discription of the Danes Alfred 872. Mat. Westm. The first furuay of the kingdome Edwardus Senior 900. Anno. 924. Edmond 940. Edred or Eldred 946. Edwin 959. Saint Edward 975. Elfred his stepmother is sayd to haue murthered him hunting in the Isle of Purbeck Ethelred 978. The originall of Dane gelt the first imposition laid vpon the kingdome The massacre of the Danes 1002. Edmond Ironside sonne to Ethelred by his first wife Ethelgina 1016. The death of King Edmond Ironside at Oxford Knute the first Danic King 1018. 1038. Harald Hardiknute 1041. The reason of the extinction of the Danes in England Anno 1043. Edward the Confessor 1043. Harald the Second 1066. Malmsbury The originall of the Normans Or Osborne The English Nobilitie forsake the kingdome Scotland before this time generally spake a Kind of Irish. Edgar Atheling submitted himselfe to King William His gouernment in peace Geruasius Tilburiensis The new Forest in Hamshire His Councellors Roger Houedew An Emperour of Germanie 2. Kings of France with their wiues a King of England and a King of Norwey went all thither in person The antiquity of Informers This Ranulph gaue a thousand pounds for his Bishopricke and was the Kings Chancellour Anno Reg. 20. Queene Maud liued not to see this disaster Anno Reg 21 His gouernment in peace The cause of Progresses The begining of Parlements The first Parlement at Salisbury Anno. Reg 15. His reformations His meanes to raise monies His Councellors His personage Presumptions 1154. He raigned 18 yeares and 10 moneths
occasion was extinct And in the end though in another name became the vsuall supplyment in the dangers of the kingdome and the occasions of Princes And hereby Ethelred both inlarged the meanes and desire of the enemy so that at length came Swayn King of Denmarke and Aulafe King of Norway in person as if likewise to receaue hire for committing outrage and were both returned with great sums and Aulafe of a milder disposition with baptisme These calamities from abroad were made more by the disloyalties at home faith and respect being seldome found safe in lost fortunes held not in most of the principall men imployed in the defence Aelfric Admirall of the Nauy is said to haue giuen intelligence of all Sea-preparations and disappointed that worke The Earles Fran Frithigist Godwin and Turkettle discended of Danicke progeny and of greatest comaund deceiued the armies by Land and were the aucthors of discouragement to the people they led Edric Earle of Mare-land after them made Generall of the Kings forces is branded with euerlasting ignominie and the title of False for his barbarous disloyaltie frustrating all attempts wherin he was imployed Wolnod a nobleman for his misdemeanor outlawed made depredations on the coastes with 20 ships and was the cause that 80 more sent to take him in were vtterly consumed This defection of his nobilitie howsoeuer it might be by their owne discontent emulation corruption or affection is laid to the pride of Ethelred whom yet wee finde more vnfortunate then weake howsoeuer they haue set his marke and neglected no occasion to make resistance and reparations against all euents bringing often his affaires to the very point of dispatch and yet put by at an instant from all as if nothing went with him bur his will to do worthily which howsoeuer it were besides the miserie to loose he must haue that which accompanies infelicity Blame and Reproch Though the many and desperate battailes he made the good constitutions for the gouernment the prouisions to supply all important occasions shew that he was not much behind the best Princes but onely in fortune By the example of Edgar his father he procured a mightie Nauie causing of euery 310 hide or plough-land throughout the kingdome a ship to be built and of euery eighth a Corslet to be found Yet all this shipping stood him in little stead but was either quasht with tempest consumed with fire by the enemy or otherwise made vnusefull by neglect or ignorance whereby the hope and infinite charge of the State were disappointed Famine and mortality the attendants of warre with strange inundations wrought likewise their part as if conspirators of destruction and all concur'd to make a dismall season Many yeares it was not ere Swaine king of Danes returned to raise againe new summes by new afflictions and totmenting here this poore turmoyled people more then euer receiues a fee for bloud-shed to the summe of 48000 pounds granted in the generall assembly of the States at London and a peace or rather paction of seruitude concluded with quiet cohabitation vse of like liberties and a perfect vnion betweene the two nations confirmed by oaths of either part and hostages deliuered of ours But this as a breathing time scarse held out the yeare When the occasion of greater mischiefes was giuen by a vniuersall massacre of the Danes suddenly here contriued and effected by the kings commandement vpon the suggestion of Hune a great Commander and a violent warrier of that time Vrging the insolencie of the Danes that now growne haughty with this peace Committed many outrages violating the wiues and daughters of great men with many other intollerable disorders Such and so suddaine was the generall execution of this act throughout all parts of the kingdome at one instant as shewed the concurrencie of an inueterate rankor and incompatability of these two nations impossible to be conioyned So that neither Temples Altars Supplications nor any band of aliance were auaileable to saue them from slaughter Wherein to incense the more their king Gunild his sister a woman of masculine courage who had a little before receaued Christendome a mediator pledge of the peace hauing first her husband and sonne slayne in her sight rather with a threatning then appaled countenance met her death making imprecation for reuenge and foretelling her bloud would as it did cost England deere Soone was the notice of this enormious act giuen to Swaine and as soone armed with rage and power reentred he the kingdome hauing now a fayrer shew to doe fowly then euer wrong had made him a right who had none before and the people of the Land not so forward to maintayne their act as to commit it rather were content to giue him the possession of their country then that he should wyn it the greatest part of the kingdome submitting themselues vnto him onely the citie of London which Ethelred held fortified made noble resistance till he left them and conueyed himselfe first into the Isle of Wight and after into Normandie whither hee had sent Emma his Queene with their 2 sonnes Aelfrid and Edward before from the rage of this tempest But within 2 moneths he was recalled home by the people of England vpon the death of Swaine who at the point to haue beene crowned King and had generally taken ostages and oathes of fealty died suddenly leauing his sonne Knute to succeede his fortunes and accomplish what he intended Ethelred returning was soone furnisht with an Army sets vpon Knute in Lindsey where he lay with his fathers shipping and Hostages and draue him to take the seas wherewith inraged making about to Sandwich he miserably mangled and dismembred those hostages and so sent them home himselfe with the spoiles his father and he had gotten returned to his countrey to make greater preparations for the prosecution of his purpose Ethelred in the meane time to increase the summe of reuengement with more wrath at a generall Assembly at Oxford caused many of the Danicque Nobilitie to be murthered Among which were Sigifrith and Morchar Earles of Northumberland whom the false Edric who had a hand on each side for mischiefe inuiting them to his lodging vnder pretence of feasting barbarously caused to be slaine their followers after they had so long as they could desperately defended themselues and their maisters fled into a Church where they were with the same burnt Knute armed with the greatest of his owne neighbours powers made his confederates landed againe within the yeare at Sandwich without resistance had all the West parts rendred vnto him with pledges for their obedience and furnishment with horse and armor Here the false Edric leaues his Liege-lord yeelds vp 40 ships and his periur'd faith to Knute Ethelred languishing in minde and body Edmond his sonne surnamed Ironside to oppose youth to youth was imployed against this rabious inuador A Prince worthy of a better time and had he found faith had made it so and
vnderstanding the fire thus kindled in his owne house that had set others all in combustion hastes with forces into Normandie to haue surprized his sonne who aduertised of his comming furnisht with 2000. men at armes by the King of France lay in ambush where hee should passe sets vpon him defeited most of his people and in the pursuite hapned to incounter with himselfe whom he vnhors'd and wounded in the arme with his Launce but perceauing by his voice it was his father he hasted to remounte him humbly crauing pardon for his offence which the father seeing in what case he was granted howsoeuer he gaue and vpon his submission tooke him with him to Rouen whence after cured of his hurt hee returned with his sonne William likewise wounded in the fight into England Long was it not ere he was againe inform'd of his sonnes remutyning and how hee exacted vpon the Normans vsurpt the intire gouernment and vrged his fathers promise thereof made him before the King of France vpon his Conquest of England which caused his litle stay heere but to make preparatiōs for his returne into those parts whether in passing he was driuen on the Coast of Spaine but at length ariuing at Burdeaux with his great preparations his sonne Robert came in and submitted himselfe the second time whom hee now tooke with him into England to frame him to a better obedience imploying him in the hard and necessitous warres of Scotland the late peace beeing betweene the two Kings againe broken and after sent him backe and his yong sonne Henry with the association of charge and like power but of more trust to the gouernment of Normandie After the two Princes had beene there a while they went to visite the King of France at Conflance where feasting certaine dayes vpon an after dinner Henry wanne so much at chesse of Louis the Kings eldest sonne as he growing into choller called him the sonne of a Bastard and threw the Chesse in his face Henry takes vp the Chesse-bord and strake Louis with that force as drew bloud and had killed him had not his brother Robert come in the meane time and interposed himselfe Whereupon they suddenly tooke horse and with much adoe they recouered Pontoise from the Kings people that pursued them This quarrell arising vpon the intermeeting of these Princes a thing that seldome breeds good bloud amongst them re-inkindled a heate of more rancor in the fathers and beganne the first warre betweene the English and French For presently the King of France complots againe with Robert impatient of a partner enters Normandie and takes the Citie of Vernon The King of England inuades France subdues the Countrie of Zaintonge and Poictou and returnes to Rouen where the third time his sonne Robert is reconciled vnto him which much disappoints and vexes the King of France who thereupon summons the King of England to do him homage for the kingdome of England which he refused to do saying he held it of none but God and his sword For the Duchie of Normandie he offers him homage but that would not satisfie the King of France whom nothing would but what he could not haue the Maistery and seekes to make any occasion the motiue of his quarrell and againe inuades his territories but with more losse then profite In the end they conclude a certaine crazie peace which held no longer then King William had recouered a sicknes whereinto through his late trauaile age and corpulencie he was falne at which time the King of France then yong and lustie ieasting at his great belly whereof hee said he lay in at Rouen so irritated him as being recouered he gathers all his best forces enters France in the cheifest time of their fruites making spoile of all in his way till he came euen before Paris where the King of France then was to whom he sendes to shew him of his vp-sitting and from thence marched to the Citie of Mants which he vtterly sackt and in the distruction thereof gate his owne by the strayne of his horse among the breaches and was thence conueyed sicke to Rouen and so ended all his warres NOw for his gouernment in peace and the course he held in establishing the kingdome thus gotten first after he had represt the conspiracies in the North and well quieted all other partes of the State which now being absolutely his he would haue to be ruled by his owne law beganne to gouerne all by the Customes of Normandie Whereupon the agreeued Lordes and sadde people of England tender their humble petition beseeching him in regard of his oath made at his Coronation And by the soule of Saint Edward from whom he had the Crowne and kingdome vnder whose lawes they were borne and bred That he would not adde that miserie to deliuer them vp to be iudged by a strange law they vnderstood not And so earnestly they wrought that he was pleased to confirme that by his Charter which hee had twice fore-promised by his oath And gaue comaundement to his Iusticiaries to see those lawes of Saint Edward so called not that he made them but collected them out of Merchen-law Dane law and Westsex law to be inuiolablie obserued throughout the kingdome And yet notwithstanding this confirmation and the Charters afterward granted by Hen. 1. Hen 2. and King Iohn to the same effect there followed a generall innouation both in the lawes and gouernment of England So that this seemes rather done to acquiet the people with a shew of the continuation of their ancient customes then that they enioyed them in effect For the little conformitie betwene those lawes of former times and these that followed vpon this change of State shew from what head they sprang And though there might be some veynes issuing from foriner originals yet the mayne streame of our Comon law with the practice thereof flowed out of Normandie notwithstanding all obiections can be made to the contrary For before these collections of the Confessors there was no vniuersall law of the kingdome but euery seuerall Prouince held their owne customes all the inhabitants from Humber to Scotland vsed the Danicque law Merchland the midle part of the Countrie and the State of the West Saxons had their seuerall constitutions as being seuerall dominions And though for some few yeares there seemed to be a reduction of the Heptarchie into a Monarchie yet held it not so long together as wee may see in the succession of that broken gouernment as to setle one forme of order current ouer all but that euery Prouince according to their perticuler founders had their customes a part and held nothing in comon besides religion and the constitutions thereof but with the vniuersalitie of Meum Tuum ordered according to the rites of nations and that ius innatum the Comon law of all the world which wee see to be as vniuersall as are the cohabitations and societies of men and serues the turne to hold them together
was deuided into Sheires or Shares euery Sheire consisting of so many Hundreds and euery Hundred of a nomber of Boroughs Villages or Tythings containing ten housholders whereof if any one should commit an vnlawfull act the other nine were to attach and bring him to reason If he fled 31 dayes were enioyned him to appeare If in the meane time apprehended he was made to restore the damage done otherwise the Free-boroughead to say the Tythingman was to take with him two of the same Village and out of three other Villages next adioyning as many that is the Tythingman and two other of the principall men and before the officers of that hundred purge himselfe and the village of the fact restoring the damage done with the goodes of the malefactor which if they suffized not to satisfie the Free-boroh or Tything must make vp the rest and besides take an oath to be no way accessarie to the fact and to produce the offendor if by any meanes they could recouer him or know where he were Besides euery Lord and Maister stood Boroh for all his familie whereof if any seruant were called in question the Maister was to see him answere it in the hundred where he was accused Yf hee fled the Maister was to yeild such goodes as he had to the King If himselfe were accused to be aiding or priuie to his seruants flight hee was to cleere himselfe by 5. men otherwise to forfeit all his goodes to the King and his man to be out-lawed These lincks thus intermutually fastened made so strong a chaine to hold the whole frame of the State together in peace and order as all the most pollitique regiments vpon earth all the interleagued societies of men cannot shew vs a streighter forme of combination This might make the Conqueror comming vpon a people thus lawbound hand and foot to establish him so soone and easily as he did This Boroh-law being as a Cittadell built to guard the Comon wealth comming to be possest by a conquering Maister was made to turne all this ordinance vpon the State and batter herselfe with her owne weapon and this law may be some cause wee finde no popular insurrection before the Conquest For had not this people beene borne with these fetters and an idle peace but liued loose and in action it is like they would haue done as noblie and giuen as many and as deepe woundes ere they lost their Country as euer the Brittaines did either against the Romans or the Saxons their predecessors or themselues had done against the Danes a people far more powrefull and numerous then these The Conqueror without this had not made it the worke of one daie nor had Normandie euer beene able to haue yeilded those multitudes for supplies that many battails must haue had But now 1. the strickt executing this law 2. disweapning the Comons 3. Preuenting their night-meetings with a heauie penalty that euery man at the day closing should couer his fire and depart to his rest 4. Erecting diuers fortresses in fit parts of the kingdome 5. And collating all offices both of commaund and iudicature on such as were his made his domination such as he would haue it And where before the Bishop and the Alderman were the absolute iudges to determine all businesse in euery sheire and the Byshop in many cases shared in the benifite of the mulcts with the King now he confin'd the Clergie within the Prouince of their owne Ecclesiasticall iurisdiction to deale only in businesse concerning rule of soules according to the Cannons and lawes Episcopall And whereas the causes of the kingdome were before determined in euery sheire and by a law of King Edward Senior all matters in question should vpon especiall penaltie without further deferment be finally decided in their Gemote or conuentions held monthly in euery hundred now he ordeined that foure times in the yeare for certaine dayes the same businesses should be determined in such place as he would appoint where he constituted iudges to attend for that purpose and also others from whom as from the bosome of the Prince all litigators should haue iustice and from whom was no appeale Others he appointed for the punishment of malefactors called Iusticiarij Pacis What alteration was then made in the tenure of mens possessions or since introduced wee may find by taking note of their former vsances Our Auncestors had onely two kinde of tenures Boke-land and Folkland the one was a possession by writing the other without That by writing was as free-hold and by charter hereditarie with all immunities and for the free and nobler sort That without writing was to hold at the will of the Lord bound to rents and seruices and was for the rurall people The inheritances discended not alone but after the German manner equally deuided amongst all the children which they called Landskiftan to say Part-land a custome yet continued in some places of Kent by the name of Gauel kin of gif eal kin And hecreupon some write how the people of that Countrie retayned their auncient lawes and liberties by especiall graunt from the Conqueror who after his battaile at Hastings comming to Douer to make all sure on that side was incompassed by the whole people of that Prouince carrying boughes of trees in their handes and marching round about him like a mouing wood With which strange and suddaine shew being much moued the Arch-Bishop Stigand and the Abot Egelsin who had raised this commotion by shewing the people in what danger they were vtterly to lose their liberties and indure the perpetuall misery of seruitude vnder the domination of strangers present themselues and declared how they were the vniuersall people of that Countrie gathered together in that manner with boughes in their handes either as Oliue branches of intercession for peace and libertie or to intangle him in his passage with resolution rather to leaue their liues then that which was deerer their freedome Whereupon they say the Conqueror granted them the continuation of their former Customes and Liberties whereof notwithstanding they now retayne no other then such as are common with the rest of the kingdome For such as were Tenants at the will of their Lords which now growne to a greater number and more miserable then before vpon their petition and compassion of their oppression he relieued their case was this All such as were discouered to haue had a hand in any rebellion and were pardoned onely to enioy the benefit of life hauing all their liuclihood taken from them became vassals vnto those Lords to whom the possessions were giuen of all such lands forfeited by attaindors And if by their diligent seruice they could attaine any portion of ground they held it but onely so long as it pleased their Lords without hauing any estate for themselues or their children and were oftentimes violently cast out vpon any small displeasure contrary to all right whereupon it was ordained that whatsoeuer they had obtained of