Justice being the very Foundation of Government as Treasure is said to be the Sinew of War For the first As he had sworn at his Coronation to govern by the Laws of the Realm so he continued the ancient Customs and Liberties of the People that were called the common Law of the Kingdom which he caused to be in Substance observed both in what concerned the Crown and the Subject though he introduced several new Forms in the Administration or Execution of them Besides the ancient Laws or Customs that concerned the Descent of private Inheritances or the Penalties upon several Crimes There were two fundamental Laws of the Saxon or English Kingdom The Trial by Juries of twelve Men wherein consisted the chief Safety of Mens Properties and Lives And the Burrough Law which was the greatest Security that had been invented by the Wisdom of our Saxon Ancestors for the Peace and Order of the Realm The first I know is by some Authors mentioned as having been introduced by this Norman King out of the Laws of that Country But I think it evident to have been an Institution very ancient among the Saxons and to have been derived and observed during the whole Succession of the English Kings and even in the Danish Reigns without any Interruption Nor does there want some Traces or Appearance of it from the very Institutions of Odin the first great Leader of the Asiatick Goths or Getae into Europe and the Founder of that mighty Kingdom round the Baltick Sea from whence all the Gothick Governments in these Northwest Parts of the World were derived by the spreading Conquests of those Northern Races 'T is recorded that upon the beginning of his Expedition he ordained a Council of twelve Men who should judge and decide all Matters that came in Question and there being then no other Laws establisht among those vast Numbers of rough People going to seek out new Conquests and thereby Seats to inhabit It is probable these twelve Men judged all Cases upon Evidence or matter of fact and then gave their Sentence and appointed Penalties according to what they esteemed most agreeable to Justice and Equity so as the twelve Men were at first both Jurors and Judges Their Judgments in Causes both real and criminal being generally approved as just and equitable grew into President to succeeding Judges and being received by general Submission introduced the Custom of certain Sentences being pronounced in certain Causes and certain Punishments being usually inflicted upon certain Crimes In Process of Time and Multiplicity of Business the matter of Fact continued to be tried by twelve Men but the Adjudgment of the Punishment and the Sentence thereupon came to be given by one or two or more Persons chosen out of such as were best versed in the Knowledge of what had been usual in former Judgments upon like Cases and as the first Part was left to the Equals or Neighbours of the Persons accused as most likely to do Justice to one of their own Rank or Acquaintance so the other was committed to Persons of Learning or Knowledge in the ancient Customs Records or Traditions of what had long passed in the Course of Justice among that Nation Thus we find it evident that in the Saxon Reigns in England Causes were adjudged by the Aldermen and Bishop of the several Shires with the Assistance of twelve Men of the same County who are 〈◊〉 said to have been Judges or Assistants to the two first by such as affirm or pretend this manner of Trial to have been drawn by the Conqueror himself out of Normandy who is thereby said to have introduced in this as well as some other Forms the Norman Laws into the common Law of England 'T is true that the same Custom or Trial was used in Normandy before the Conquest and it is most probable that neither the English received it from the Normans nor these from the English but that both Nation deriving their Original from those ancient Goths agreed in several Customs or Institutions deduced from their common Ancestors which made this Trial by Juries continue uninterrupted in England not only by the Normans but by the Danes also who were but another Swarm of that great Northern Hive 'T is true the Terms of Jury and Verdict were introduced by the Normans with many others in the Stile and Practice of our Laws but the Trials by twelve Men with that essential Circumstance of their unanimous Agreement was not only used among the Saxons and Normans but is known to have been as ancient in Sweden as any Records or Traditions of that Kingdom which was the first Seat of the Gothick Dominions in the Northwest Parts of Europe and it still remains in some Provinces of that Country However King William caused this to be observed as the common Law of the Kingdom and thereby gave great and universal Satisfaction to the Body of the People both English and Normans The Burrough Law had been likewise anciently establish'd among the Saxons whereby every Shire was divided into so many Hundreds or Burroughs consisting at first of one hundred Families therein usually inhabiting every Hundred into so many Tithings consisting of ten Families If any Person committed or were accused of any Crime the Tithing to which he belonged was bound to produce him to Justice before the Court of the Hundred or County If he fled they were to swear they were not Complices of the Fact and that they would procure the Criminal whenever they could find him if this failed in a certain time they would discover all the Goods he was possess'd of within their Tithing to satisfie the Damage done to a Subject or a Fine to the King upon such an Offence If neither Person nor Estate appeared then the Tithing was answerable to a certain Proportion and if that were not sufficient then it was laid upon the Hundred By this means it became every Man's Interest as well as Duty to prevent all Crimes and Misdemeanors among their Neighbours and to discover the Criminals since they were otherwise to share in the Penalty and as the rest of the Tithing was bound for the Behavior of every Freeman among them so every Lord or Master was bound to answer in the same manner for their Servants I know not whether any Constitution of Government either ancient or modern ever invented and instituted any Law or Order of greater Wisdom or of greater Force to preserve the Peace and Safety of any State and of equal Utility to the Prince and People making Virtue and Innocence of Life so necessary by the easie Apprehension or Discovery and certain Punishment of Offenders This Law the King caused likewise to be severely observed during his Reign finding therein his own Interest as well as his Peoples and the great Security of his new settled Government He confirmed all Mens Properties Inheritances and Successions invading none either for his own Benefit or Reward of his Norman Forces or Friends
which left all safe and quiet in the Southern Parts and main Body of the Kingdom whilst he marched with his Army against his Enemies in the North Nor is the Safety of a Prince so firm and well established upon any other Bottom as the general Safety and thereby Satisfaction of the common People which make the Bulk and Strength of all great Kingdoms whenever they conspire and unite in any common Passion or Interest For the Nobles without them are but like an Army of Officers without Soldiers and make only a vain Show or weak Noise unless raised and encreased by the Voice of the People which for this Reason is in a common Latin Proverb called the Voice of God No Prince ever made greater or happier Experience of this Truth than William the Conqueror both in the Events of the last and formidable Dangers which he so easily surmounted and in the whole Course of his subsequent Reign which was infested by many new Troubles either in England or in Normandy that would have proved fatal to him if he had been distracted by the common Discontents or Insurections of his English Subjects for his present Calm was not of long Continuance the Clouds soon gathered again and threatned another Storm and from the same Winds by which the last had been raised Malcolm King of Scotland still persisted in the Envy and Fear of his neighbouring Power and Greatness still esteemed it his own Interest to joyn with those of Edgar and his Dependants in England and thereby weaken the Force or disturb the Quiet of the Norman Government in England before it should by the Favour of Time and calm Seasons take too deep Root to be afterwards shaken He raised a greater Army than before with which he threatned again to invade England and led them himself though still in Favour only of Edgar's Title and Advancement to the Crown He entered into new Practises with several of the English Nobles who had followed him though unfortunately in the last Expedition and were resolved to repair their former Losses by venturing greater rather than give over the Game Nor could the Hopes of the discontented English ever die while the Root was alive and they were fomented by the Malice and encouraged by the Forces of so powerful a Neighbour joyned with so just Pretensions as those of Edgar were generally esteemed When the Preparations in Scotland and Intelligences in England were ripe for Execution the Earl Edwin made his Escape and fled towards the North but was by the Way murdered by some of his own Retinue The Earls Morchar and Hereward who were already upon the Wing for the same Flight discouraged by this Misadventure durst not pursue it but yet already engaged too far to make a Retreat they made Way to possess themselves of the Isle of Ely fortified there the best they could and hoped the Scotch Invasion would divert the King's Forces from attempting them before Winter and that the Season and Scituation together would there cover them for some Time On the contrary the Scotch King was discouraged from beginning his March by the News of these Disasters among his Confederates in England and chose rather to send the Bishop of Durham and Earl Syward out of Scotland to relieve and animate those Lords retired to the Isle of Ely than to enter England without Hopes of their making some Diversion But the King who never feared or slighted any Dangers and knew they were like Diseases to be taken in time marched immediately with his Forces to the Isle of Ely beset it upon one side with a great Number of flat bottom Boats and on another made a Bridge of two Miles long with incredible Diligence and Labour and with such Speed as both surprised and terrified his Enemies within So as despairing of further Resistance they all submitted to the King's Mercy except Hereward who with some few Followers escaped through the Fens and through many Dangers arrived safe in Scotland The rest of the Lords were sent Prisoners to several Parts of the Kingdom where some remained during the King's Life and others dyed be-before him with whom they could not be content to live The King after this small Adventure so happily atchieved and the present Peace of his Kingdom restored yet considering the Root of all his Dangers was in Scotland and unwilling to take up present Quiet and Safety at too great an Interest of Dangers to come resolved to march into Scotland with a powerful Army and endeavour to secure himself on that Side either by a Peace or Victory He first sent Roger a Norman then Gospatrick Earl of Northumberland with Part of his Forces into the North to oppose the Scotch Army that was already entred those Provinces with great Spoils and Ravages of the Country and to keep them at a Bay till the King came up with the rest of his Army In the mean time he assembled his Forces at York with the best Choice of Men and Officers and such Numbers as he judged necessary for such an Expedition composed of English and Normans whose Emulation he encouraged with Promises of Reward and Hopes of establishing their common Safety by the Success of this Enterprise From York to Durham he met with many Hardships and Difficulties from the Wants of his Army in a Country which had been so lately wasted by the Scotch Forces and his own and with which he was then contented to prevent another Invasion But having surmounted all by his own Care and the Patience of his Men from the Example of their Leaders he marched near the Borders without any Opposition though common Fame had made him expect the Scotch would give him Battle in England and not the Trouble of so long a March. But Malcolm their King now destitute of Hopes or Assistances from any forreign Confederates or any Insurrections in England after the late Disasters of the discontented Lords began to cool the Heats of his Blood and instead of further invading England changed his Counsels and resolved only upon a defensive War At the News of King William's Entrance into the Northern Provinces he quitted Northumberland and with good Order retreated back to the Borders and there encamped his Army to the best Advantage without making any further Incursions into the English Territories either to secure his Provisions or not to provoke his Enemies and render all Terms of Reconcilement desperate or not to endanger his Retreat in Case of any Disaster The King of England approaching the Borders and thereby the Scotch Army thought fit likewise to encamp his own both to refresh his Soldiers harassed by so long and difficult a March as also to discover the Forces of the Enemy observe their Countenance their Order and their Motions and thereby judge of their Designs and direct his own to the best Advantage So that for some Days the two Armies stood at a Bay seeming both prepared for a fierce Encounter and yet both content to delay it
Nations which under the Names of Goths and Vandals invaded the Roman Empire with infinite Numbers Fury and Danger to Rome it self all the Roman Legions were at last drawn out of Britain with most of the Britains that were fit for Military Service to relieve the Emperor who was pursued by the Goths into Piedmont and there besieged in a strong Passage or Town he pretended to Defend The Romans taking their last Leave of this Province here left the Britains to their own Government and Choice of their own Kings and Leaders with the best Instructions for the Exercise of their Arms and Discipline and the Repairs and Defence of the Wall or Rampart they had raised against their Northern Foes But these finding the whole Country deserted by the Roman Bands exhausted of their own bravest Youth and weakned by their new Divisions began to pour in greater Numbers than ever into the Northern Parts and ravaged all before them with greater Rage and Fury The poor Britains sent over their miserable Epistle for Relief still upon Record to the renowned Aetius who had by several famous Successes for a time repelled the Violence of the Gothick Arms which was addressed in these words To Aetius thrice Consul The Groans of the Britains and told him after other lamentable Complaints That the barbarous People drove them to the Sea and the Sea back to the barbarous People between which they had only left the Choice of these two Deaths either to be killed by the one or drowned by the other But having no Hopes given them by the Roman General of any Succours from that Side they began to consider what other Nation they might call over to their Relief The Saxons were one Branch of those Gothick Nations which swarming from the Northern Hive had under the Conduct of Odin possessed themselves anciently of all those mighty Tracts of Land that surround the Baltick Sea A Branch of these under the Name of Suevi from whom the Baltick was of old called Mare Suevicum had some time before Cesars Wars in Gaul invaded and subdued very large extended Territories in Germany from the Coast of the North-west Ocean to the South-eastern Parts whereof Suabia still retains the Memory and the Name These Suevi or Suabi were for their Strength and Valour grown so Formidable to all the German Nations they had Conquered and forced to seek new Seats That those upon the Rhine sending Embassadors to Cesar told him They would neither seek War with the Romans nor avoid it That they esteemed themselves as Valiant as any other Nation excepting only the Suevi for whom the very immortal Gods were not a Match These Suevi became afterwards divided into two several Nations and by Limits agreed between them Those towards the South-east of Germany were called Francs from their great Love of Liberty and their Valour in preserving it and never submitting to the Roman Subjection as many other German Nations had done These upon the fatal Decline of that Empire invaded Gaul under the leading of Pharamond and under the succeeding Kings of his Race conquered the whole Province and established that noble and ancient Kingdom of France The other Branch of the Suevi possessed themselves of all those Tracts of Land in Germany that lie between the Elve and the lower Rhine had extended their Seats all over the Coasts of the North-west Sea and from thence exercised their Arms and fierce Courages in all sorts of Spoils and Pyracies not only upon Merchants or Traders at Sea but upon the Maritime Coasts of Britain opposite to those Countries about the Mouth of the Rhine or thereunto adjacent These fierce People were called Saxons from a Weapon generally used among them and made like a Sythe with the Edge reversed which in in their Language were termed Seaxes To these Vortigern chosen King by the deserted and afflicted Britains made Address for Aid against the Picts and Scots who had now made Inroads as far as Trent Their desires of Relief and offers of Seats in Britain were soon accepted and granted by the Saxons who under the Conduct of Hengist and Horsa of the Race of Odin came over with great Numbers to the Assistance of the Britains in the year 450. They joyned with the Natives at first as Friends and Allies had the Isle of Thanet assigned them at their Landing and upon occasion of greater numbers the County of Kent for their Colony and Habitation They marched against the Picts and Scots and in Conjunction with the British Arms overthrew their Forces in several Battels or Encounters with those cruel Ravagers and beat them back into the most Northern Parts of the Province After this by Consent of the Britains Hengist and Horsa sent for their two Sons or near Kinsmen to come over with a new Army of Saxons by Sea into those Northern Parts who seated their Colony about Northumberland upon pretence of guarding that Frontier against the Picts and Scots and their Incursions upon the Britains which they did with great Bravery and Successes and thereby left those Nations contented or forced to bound their Territories with those rough and mountainous Countries that lye between the two Seas near the River Tweed and which ever since continued as the Borders between the two Kingdoms of England and Scotland into which the Island came afterwards to be divided The Province now delivered and secured from their ancient Foes Dissentions began to arise between the Britains and their new Allies The Saxons valuing too high the assistance they had given and the Britains perhaps too low what they had received till the first allured by so fair a Prey and the fertile Soil of so sweet a Country inviting still greater numbers from the Continent establish'd two Saxon Kingdoms one in the Southern and t'other in the Northern Parts and from both these sides invaded the Britains who for some time defended themselves and their Liberties with various Successes and with the greater hatred and distinction the Saxons being all Pagans and the British generally Christians which Religion seems to have been planted here in the first Century but to have taken Root and spred chiefly under Constantius who was long Governour of the Roman Province here a great favourer of Christianity and Father of Constantine the Great In the time of these first Wars between the Saxons and Britains Ambrosius reigned over the last and either as General of his Armies or his Successor in the Kingdom Arthur so famous in the Traditions or rather in the Romances of succeeding Ages and who is said to have gained twelve Battels over the Saxons and to have left the Britains in the middle of the Province for some time to secure from these fierce Enemies till Peace and Luxury had again softned them and by new Dissentions among themselves exposed their whole Province to become an easie Prey to so fierce and numerous Invaders The time of King Arthur's Reign or Atchievments if any such there were must have been
or agreement of Times or Actions by the few and mean Authors of those barbarous and illiterate Ages and perhaps the rough course of those lawless Times and Actions would have been too ignoble a Subject for a good Historian About the Year 8 o. after many various Events and Revolutions between the several Races of the Heptarchy Ecbert descended from the West-Saxon Kings having inherited most of the Successions from the Prowess and Exploits of his Ancestors and acquired others by his own became the first sole King or Monarch of England as it now was distinguished from the Principality of Wales possessed by the old Britains and from that part of the Island to the North of Tweed possessed by the Picts and Scots and by the Saxons stiled by one common Name of Scotland This famous Adventure of the Saxons in England was atchieved by the Force and Confluence of such Multitudes from the Coasts of Germany which lie between the Belgick and Baltick Shores that some Parts of their Native Countries were left almost dispeopled to fill again by new Swarms from the great Northern Hive and the Number of Saxons and Angles Iutes and other Nations that came over were not only sufficient to Conquer and Wast this whole Province but even to Plant and People it soon again with numerous and new Inhabitants So as by them succeeded in this Island not only a Change of Government as by the Roman Arms but a Change of the very People or Nation that inhabited or possessed the Lands of this whole Province This induced a Change likewise of Names of Language of Customs of Laws of Arms of Discipline of Possessions of Titles of Religion and even of the whole Face of Nature through this whole Kingdom So as we may justly date the Original of all these amongst us as well as our Nation it self from these our Saxon Ancestors Britain which was before a Roman Province was now grown a Saxon Kingdom and instead of its former Name was called England The Language which was either Latin or British was now grown wholly Saxon or English The Land that was before divided into Roman Colonies or Governments was so now into Shires with Names given to them by the Saxons as they first possessed or afterwards thought fit to distinguish them The Habits in Peace and Arms in War the Titles of Officers in both as well as of great Counsellors to their Kings or great Proprietors of Lands came to be all according to the Saxon Forms and Usage The Laws of this Country which before were Roman changed now into Old Saxon Customs or Constitutions Their Princes or Leaders of their several Nations became Konings or Kings of the Territories they had subdued They reserved part of the Lands to themselves for their Revenue and shared the rest among their chief Commanders by great Divisions and among their Soldiers by smaller shares The first who had the great Divisions were called Earls or Barons those of the smaller were Knights and the smallest of all were Freemen who possessed some Proportions of free Lands and were thereby distinguished from the Villens that held nothing but at the Will of the Landlord In this universal Transformation Religion it self had a share like all the rest and received new Forms and Orders with the new Inhabitants whilst all that was Roman or British expired together in this Country The Britains began early to receive the Christian Faith and as is reported from some of the Disciples themselves And this was so propagated among them that when the Romans left the Province they were generally Christians and had their Priests and Bishops from the ancient and Apostolick Institution The Saxons were a sort of Idolatrous Pagans that worshipped several Gods peculiar to themselves among whom Woden Thor and Frea were the chief which left their Memory still preserved by the common names of three days in the Week This Religious Worship they introduced with them and continued long in England till they subdued the Britains reduced it under their Heptarchy of Saxons Kings persecuted the British Christians and drove them with their Religion into Wales where they continued under their Primitive Priests and Bishops who with their Monks were all under the Surintendance of one Arch-Priest or Bishop of Carleon or Chester the Bound of the British Principality About the year 600. or soon after Pope Boniface sent Austin the Monk to Preach the Gospel in England to the Heathen Saxons who landing at Dover was received with Humanity by Ethelbert King of the South Saxons and being admitted with four or five of his Companions as well-meaning Men to teach and explain the Doctrin and Mysteries of Christianity among these ignorant and barbarous People they so well succeeded that they converted at first great numbers of the common sort and at length the King himself whose example gave easie way for introducing the Christian Faith into his whole Kingdom which from thence spread into all the Countries subject to the Saxon Heptarchy Thus Religion came to be Establish'd in England under the Rites and Forms and Authority of the Roman Church by which Austin was instituted chief Bishop in England and seated by the Saxon King at Canterbury But his Jurisdiction though admitted in all the Saxon Territories was not received by the British Priests or People in Wales though endeavoured by many missions from Austin and his Successors and even by Wars and Persecutions of the Saxons upon the Old British Christians at the instigation of the New Romish Priests in one of which near Carleon Twelve Hundred of the poor British Monks are said to have been slaughtered while they were apart in the Field at their Prayers for the success of the British Army With this Account of a new face and state of Persons and of Things both Natural Civil and Religious establish'd in England I return to the Period I left of the Saxon Heptarchy which being extinguish'd by long and various Revolutions among themselves made way for the Reign of Ecbert the first sole King or Monarch of England about the year 830. It might have been reasonably expected that a wise and fortunate Prince at the Head of so great a Dominion and so brave and numerous a People as the English after the Expulsion of the Picts and Scots out of his Country into the rough Northern Parts and of the Britains into the North-west Corners of the Island should not only have enjoyed the Fruits of Peace and Quiet but left much Felicity as well as greatness to many succeeding Generations both of Prince and People Yet such is the instability of Human Affairs and the weakness of their best Conjectures That Ecbert was hardly warm in his united Throne when both he and his Subjects began to be alarmed and perplexed at the approach of new and unknown Enemies and this Island exposed to New Invasions About this time a mighty Swarm of the Old Northern Hive who had possessed the Seats about the Baltick
by another Tenure than the Laiety pretended and feared not to lose them under any Prince that was a Christian which made them more indifferent of what Race or by what Title he held the Crown and so more easie to fall in with the Stream of any Changes or new Revolutions Besides they were possess'd with the Fame of this Prince's Piety and the Opinion of his Right having been determined by the Pope's approving and assisting it with his Benediction They thought as well as the Citizens that this Torrent was not to be resisted that a faint and fruitless Opposition would but exasperate the Duke and make him 〈◊〉 continue as well as begin his Reign like a Conqueror and therefore esteemed the wisest Part was to acknowledg his Right and thereby tempt or perswade him into a safer and easier Form of Government both for himself and his Subjects as a just and lawful King The Clergy was in very great Authority at this Time and among all sorts of People in the Kingdom having enjoyed and exercised it here during the whole Course of the Saxon Reigns after those Kings became Christians in this Island nor could any other Authority rise so high and spread so far as growing from so many Roots They were allowed to be the Guides and Instructors of Mankind in all spiritual Worship and Divine Service and even the Dispencers of those Graces and Forfeitures upon which depended the Rewards or Punishments of a future State which being greater and longer than those of this Life gave them more Influence upon the Minds of Men than any secular Jurisdiction that can extend no further They had mighty Possessions in Lands throughout the Kingdom as well as other Riches from the Bounty of pious Princes of devout and innocent People and from many others who thought to expiate Crimes or cover ill Lives by these kinds of Donation to the Church These Possessions were esteemed sacred and as much went into this Stock every Age so nothing ever went out and all the Lands in the Kingdom might in the Course of Ages have held of the Church if this Current had not been stopped by the Statute of Mortmain in the Time of Edward the first 'T is recorded that of sixty two thousand Knights Fees that were reckoned in England during the Reign of this first Norman King there were in that of King Iohn twenty eight thousand in the Hands of the Church This gave the Clergy by the Dependances of those that held under them in so great Numbers a secular Power annexed to their Ecclesiastical Authority They had besides all the little Learning which was in those ignorant Ages and passes for Wisdom among those who want both gives a Faculty at least of discoursing though perhaps not of judging better than others and gains more Attention and easier Applause from vulgar Auditors Lastly they were united more than any other State upon one common Bottom and in pursuit of one common Interest which was always pretended to be the Greatness of the holy Church but indeed was their own and the Honours Power and Riches of the Church-men rather than of the Church By these Circumstances and the Advantage of such a complicated Strength the Clergy came to such an Authority that they were Arbiters if not of all Affairs at least of all Contests in the Kingdom and turned the Ballance which way soever they fell in were still applied to by the weaker and often by the unjuster Side had the chief Sway and were the chiefest Instruments in all those many Revolutions of State irregular Successions and even Usurpations of the Crown that happened between the Time of the Conquest and the Reign of Henry the third which may easily be observed and cannot easily be wondered at by all who read the Story of those Reigns and consider what has been said upon this Subject important enough to excuse this Digression But to return to our Conqueror upon his March to London and the Consultations there how to receive him The Opinions and Councils of the Bishops and Ecclesiasticks easily prevailed and seem to have had more Reason as well as Authority than the rest So it was unanimously resolved not only to submit to a Power they could not oppose but to acknowledge a Title they would not dispute The Duke upon his Approach to the City was received with open Gates and open Arms at least without the Appearance of any Reluctance or Discontent any more than of Resistance He claimed the Crown at his Arrival by the Testament of King Edward the Confessor without any mention of Conquest which was infinitely grateful to all the Nobles and Commons of the Realm whether it was a Strain of his own Prudence and good natural Sense or a Perswasion of those English who had either assisted or invited his Invasion or Apprehension of so great and brave a People if offended by the Name of Conquest and irritated by the Dangers or Fears of a lawless Arbitrary Power to which they had not yet their Hearts or Strength broken enough easily to submit He was crowned King at Westminster by the Arch-bishop of York who with Stigand Arch-bishop of Canterbury had been the great Promoters of those Councils by which he entred upon so peaceable a Beginning of his Reign At his Coronation he took the Oath usual in the Times both of the Saxon and Danish Kings which was To protect and defend the Church to observe the Laws of the Realm and to govern his People justly After which he caused Fealty to be sworn to him by all the Bishops Barons and Nobles with the Magistrates of the City who had assisted or attended at his Coronation and thereupon found himself on a sudden settled in a calm and quiet Possession of a Crown he had so long aspired to and so lately won by one single though violent Blow This King was about two and Fifty Years old upon his Accession to this Crown and is perhaps the only Instance found in Story either before or since in this Island or the rest of the World that began and atchieved any great and famous Enterprise after that Age Whether the Decline of Nature leaves not Vigor enough for such Designs or Actions or Fortune like her Sex have no Kindness left for old Men how much soever she favoured them when they were young But the Talents of Age which are Prudence and Moderation learnt best in the School of Experience and seldom joyned if consistent with the warm Passions of Youth were now as necessary to this Prince for the Conservation of his Kingdom as his long industrious Application and bold Execution had been for acquiring it and how much he excelled in these Qualities will be seen by the Sequel of his Reign He considered very wisely that though he had gained the Crown by the Assistance of foreign Forces and by the Decision of Arms yet these might not always be so prosperous if too often tried and the Number or
introduced new Terms new Forms of Pleading and of Process new Names of Offices and of Courts and with them all the litigious Customs and Subtelties of the Norman Pleas and Conveyances who were a witty but contentious People instead of the old English Simplicity in their common Suits Pleas or Conveyances which were plain brief without Perplexities made with good meaning kept with good Faith and so followed by little Contention and that determined by speedy Justice and Decision of Monthly Courts in every County Among the Saxons it was usual to grant Lands and Houses by bare Words and with the Delivery of some trivial Gift as an Horn a Sword an Arrow a Helmet and yet the simple Honesty of those Times and People left such Grants little subject to any Disputes or Contentions But the Conqueror reduced all Grants to Writing to Signature and to Witnesses which brought in Cavils and Actions grounded upon Punctilious Errors in Writing Mistakes in Expression which in much writing must sometimes happen either by Hast Weakness or perhaps by Fraud of Conveyancers and with Design to leave matter of Contentions by which they subsist as Physicians by Diseases Notwithstanding all these Arts of the Prince and Industry of his Ministers to introduce the Norman Language in England yet all was frustrated by the Over-ballance of Numbers in the Nations in Proportion to the Strangers and assisted by a general Avertion in the English to change their Language which they thought would be succeeded by that of their Laws and Liberties So that in this very Reign instead of the English speaking Norman the Normans began generally by Force of Intermarriages ordinary Commerce and Conversation to use the English Tongue which has ever since continued and composed the main Body of our Language though changed like others by Mixture of many new Words and Phrases not only introduced by this great Revolution but by the Uses and Accidents of each succeeding Age. It seems very remarkable and very different what happened in Scotland about this Time and upon this Subject for upon the great Recourse of English Nobles and Gentlemen into Scotland seeking Refuge from the first Dangers and and Terrors of the Norman Conquest and afterwards of many more who fled there in Pursuit of Edgar's Pretensions and joyned with the Scots in two Invasions of England but chiefly upon Malcolm's fond Affection of his English Wife Sister to Prince Edgar his Learning and commonly using or favouring her Language the usual Compliance and Conformity of Courtiers to the Customs of their Prince and the general Humour of Kindness in the Scots at that time to the Person or Rights of Edgar and to all his Adherents that lost their own Country to follow his Fortunes the English Language grew in this King's Reign to be generally spoken not only in the Court of Scotland but in several Counties thereunto adjacent and among most of the Nobles in remoter Provinces and so it has ever since remained as have many English Families in those Parts habituated and with Time naturalized among them and the ancient barbarous Scotch Tongue has been left current only in the more Northern or Northwest and mountainous Parts of that Kingdom and in the Islands that seeem to have been first and most entirely possessed by the Scyths or Scots who so long ago invaded and conquered the Northern Parts of Britain and Ireland The contrary of this unusual Change in Language appears to have succeeded in England since in a little time nothing remained of the Norman Language in common Use besides the Translation of our common Law which though deduced from the ancient Saxon Streams yet the Sound and Forms and Practice came to be Norman like Rivers which still run from their original Sources but yet often change their Taste from the Soils through which they take their Course and sometimes from Accidents of great Inundations which for the present change them but leave them to return to their natural Streams A singular and instructive Example how strange a Difference there is in the Compliance of a Nation with the Humour of a Prince they love or of one they fear Besides these Changes in the Language of our Laws and the Forms of Pleas which were generally disaffected by the English Subjects this Norman King either upon Pretence of Justice and Piety or else of Necessity and Safety abolished several ancient Saxon Institutions and made several new which how reasonable or how useful soever yet bred ill Blood among the Nobles and Clergy of England though the People contented themselves with the Continuance of their ancient Laws and thought all they did or suffered for the King's Service well rewarded while they might preserve what they called the Laws of Edward the Confessor And the King was so wise as often to renew his Oath to maintain them for the general Satisfaction of the People For the rest he took all Jurisdiction and Judgment in civil Causes wholly out of the Hands of the Bishops where it had been placed in the whole Saxon Succession after their Conversion to Christianity And restrained the Clergy to the Exercise and Administration of their Ecclesiastical Power He endeavoured to abolish two ancient Forms of Trial used among the Saxons with great Reverence even during their Christian Worship though they were but Remainders of their old Pagan Superstition but so rooted in the Opinion of the People as not to be dispossessed by new Reason or Religion These were the Trials Ordeal and of Camp-fight The first was either by Fire or by Water and used only in Criminal Cases where the Accusation was strong the Suspicions great but no Proofs evident In that of Fire the Person accused was brought into an open Place upon even Ground several Plow-shares heated red hot were laid before them at unequal Distances over which they were to walk blindfold and if they escaped any Harm were adjudged innocent if their Feet were burned by treading upon the hot Irons they were condemned as guilty In the other of Water the accused were thrown into the Water if they sunk immediately they were esteemed innocent and guilty if they swam either because it seemed against the Nature of heavy Bodies or that the clear Element would not receive them but rejected them as polluted Persons The first Trial was for those of better Condition and the other for those of inferiour and both were chiefly used upon Accusations of Unchastity of Poysoning or of Sorcery These Trials though grounded upon no Reason yet were thought approved by long Experience and the rather I suppose because any sncceeding Proofs of Innocence were as difficult to find as any precedent Evidence of Guilt And they were commonly called the Judgments of God and performed with solemn Oraisons and other Ceremonies that amused or rather enchanted the ignorant People into an Opinion of their being sacred as well as just The Trials of Camp-fight were performed by single Combat in Lists appointed for that Purpose
almost deserted by such numbers of Goths Vandals and Saxons as had issued out of them some Centuries before began under the Names of Danes and Normans to infest at first the Sea and at length the Lands of the Belgick Gallick and British Shores filling all where they came with Slaughters Spoils and Devastations The Normans first over-run the Belgick Provinces upon the Mouth of the Rhine and gave them new Names of Holland and Zealand to those parts adjacent to the Sea Afterwards they sailed with mighty Numbers into the Mouth of the Sean and with great fierceness subdued that Northern part of France which from them first received and ever since retained the Name of Normandy and became the State of a great Norman Duke and his Successors for several Generations In the mean time the Danes began their Inroads and furious Invasions upon the Coasts of England with mighty numbers of Ships full of fierce and barbarous People sometimes entring the Thames sometimes the Humber other times Coasting as far as Exeter Landing where-ever they found the Shores unguarded filling all with Ravage Slaughter Spoil and Devastations of the Country where they found any strong Opposition retiring to their Ships sailing home laden with Spoil and by such encouragements giving Life to new Expeditions the next Season of the Year The bravest Blood of the English had been exhausted in their own Civil Wars during the Contentions of the Heptarchy since those ended the rest were grown slothful with Peace and with Luxury softned with new Devotions of their Priests and their Monks with Pennances and Pilgrimages and great numbers running into Cloysters and grown as unequal a Match now for the Danes as the British had been for the Saxons before Yet this Century passed not without many various Successes between the two Nations many Victories and many Defeats on both sides so that twelve Battels are said to have been Fought between them in one Year The Danes divided their Force into several Camps removed them from one part of the Country to another as they were forced by necessity of Provisions or invited by hopes of new Spoils or the weakness and divisions of the English At length fortified Posts and Passages built Castles for defence of Borders one against the other which gave the beginning to those numerous Forts and Castles that were scattered over the whole Country and lasted so long as to remain many of them to this very Age. The English sometimes repulsed these Invasions sometimes purchased the Safety of their Provinces by great Sums of Money which occasioned great Exactions of their Kings upon the People and that great Discontents While the Danes encreasing still by new Supplies of Numbers and Force began to mingle among the Inhabitants of those parts they had subdued made Truces and Treaties and thereupon grew to live more peaceably under the Laws and Government of the English Kings Alfred to prevent the danger of New Invasions began to Build Ships for the Defence of his Coasts and Edgar a Prince of great Wisdom and Felicity in his Reign applying all his thoughts to the encrease and greatness of his Naval Forces as the true strength and safety of his Kingdom raised them to that height both of Numbers and Force and disposed them with that Order for the Guard of the Seas round the whole Island as proved not only sufficient to secure his own Coasts from any new Invasions but the Seas themselves from the Rovers and Spoilers of those Northern Nations who had so long infested them So that all Traders were glad to come under his Protection Which gave a rise to that Right so long claimed by the Crown of England to the Dominion of the Seas about the year 960. But these provisions for the safety of the Kingdom began to decline with the Life of Edgar and neglected in the succeeding Reigns made way for new Expeditions of the Danes who exacted new Tribute from the Kings and Spoils from the Subjects till Ethelred compounding with them for his own Safety and their peaceable living in England and fortifying himself by an Alliance with Richard Duke of Normandy laid a design for the general Massacre of the Danes spred abroad and living peaceably throughout the Realm which was carried on with that secrecy and concurrence of all the English that it was executed upon one day and the whole Nation of the Danes massacred in England about the year 1002. This cruel and perfidious Massacre of so many Thousands instead of ending the long miseries of this Kingdom from the Violences Invasions and Intrusions of the Danes made way for new and greater Calamities than before For Swane King of Denmark exasperated by the Slaughter of his Nation here and among them of his own Sister and animated by the Successes of so many private Expeditions soon after landed with great Forces formed several Camps of Danes in several parts of England filled all with Spoil and Slaughter forced Ethelred to fly for Relief into Normandy and though he returned again yet being a weak and cruel Prince and thereby ill beloved and ill obeyed by his Subjects he never recovered Strength enough to oppose the Forces and Numbers of the Danes to whom many of the English Nobles as well as Commoners had in his absence submitted Swane died before he could atchieve this Adventure but left his Son Canute in a Course of such prosperous Fortunes and the English so broken or divided that coming out of Denmark with new Forces in two hundred Ships he reduced Edmund Son of Ethelred first to a Division of the whole Kingdom between them and after his untimely Death was by the whole Nobility of the Realm acknowledged and received for King of England This fierce Prince cut off some of the Royal Line and forced others into Exile Reigned long and left the Crown for two Successions to his Danish Race who all swore to Govern the Realm by the Laws which had been established or rather digested by Edward the First and Edgar out of the Old Saxon Customs and Constitutions But Hardecaute last of the Danish Kings dying suddenly at a Feast in the year 1042. left the Race so hated by the Imposition and Exaction of several Tributes upon his People that Edward surnamed the Confessor and Grandson to Edgar coming out of Normandy where he had been long protected found an easie accession to the Crown by the general Concurrence both of Nobles and People and with great Applause restored the Saxon Race in the year 1043. Thus expired not only the Dominion but all Attempts or Invasions of the Danes in England which though continued and often renewed with mighty Numbers for above two hundred years yet left no change of Laws Customs Language or Religion nor other Traces of their Establishments here besides the many Castles they built and many Families they left behind them who after the Accession of Edward the Confessor to the Crown wholly submitting to his Government and
peaceably inhabiting came to incorporate and make a part of the English Nation without any distinction Edward the Confessor Reigned long reduced the Laws of Edward Alfred and Edgar's Reigns into more Form and Order and governed by them His Wars were successful both in Scotland and Wales though managed by his Leaders and without his presence But being a Prince of a soft and easie Nature he gave way to the growing Power and Arrogance of Earl Godwin and his Sons who had been the chief Instruments of advancing him to the Throne upon the Condition of Marrying Earl Godwin's Daughter After he was settled in the Kingdom either upon gratitude and inclination to the People and Customs of a Country where he had lived long and been well received when he was banished from his own He invited many of his Norman Friends into England employ'd them in his greatest Offices either of Church or State and upon some quarrels between them and the English exprest too much partiality to the Normans This gave Godwin and his Son Harold occasion or pretence of raising and heading great Discontents of the English against the Norman Favorites and at last Insurrections against the King who soft in his Nature devout in his temper and now declined in his Age endeavoured rather to appease these troubles by Articles than by Arms and thereby left Harold too powerful for a Subject and aspiring to the Crown Edward had no Children and though he seemed desirous to leave the Crown to his Nephew yet distrusting his weakness to defend it against so powerful a Rival it does not appear or is not agreed among Authors whether he made any disposition of it at his Death or no or whether any such at least as was afterwards pretended Harald alledged that he was appointed by Edward the Confessor to succeed him was believed by some and allowed by more who followed his Power rather than his Right and was immediately after the King's Death elected or admitted to the Crown His first trouble was from his own Brother who being the Elder had obtained assistance from Norway to set up a Title or Pretence to the Kingdom though he could have no other but that his Brother had usurped it Harald having marched into the North overthrown his Brother and his Army of Strangers or Discontents with great slaughter at Stamford was suddenly recalled by a more dangerous and fatal Storm from the South For William Duke of Normandy surnamed the Conqueror was landed at Hastings with a mighty Army of stout Norman Soldiers to pursue a Right he pretended to the Succession of the Crown after the Death of Edward What this was is but obscurely proved or defended But the pretext was that Edward had by Testament left him Successor of the Crown and that Harald while he was last in Normandy had likewise assured him of his Assistance to advance him to the Kingdom upon the Death of the King and the Duke therefore sent to put him in mind of that Engagement But Harald was in possession and admitted neither of these Claims resolved to defend well what he had gotten ill since the apparent Right was in Edgar Atheling descended from the true Saxon Race and from a Brother of Edward the Confessor To decide these Disputes between the two powerful Pretenders while the just Right lay unregarded for want of Force to support it a fierce and bloody Battel was Fought near Hastings which continued for a whole day with great Bravery and Slaughter on both sides but ended with the Death of Harald most of the bravest Captains and above Sixty Thousand Soldiers of the English Nation who resolved to defend a Domestick Usurper against a Foreign Invader and by the loss of their Lives made easie way for the undisputed Succession of William the Conqueror to the Crown of England about the year 1066. or as some account 1068. This Norman Prince was Natural Son of Robert the Sixth Duke of Normandy by Arlette a very Beautiful Virgin of Falaize with whom he fell in Love as she stood gazing at her Door whilst he passed through that Town So that he was the Issue of a sudden and strong Inclination like a noble Plant raised in a hot Bed which gave it such Force and Vigour as made it prosper and grow to so great a Height Nor is it unlikely that the ancient Heroes derived themselves from some Gods to cover the Misfortunes or Follies the Rapes or Loves of some fair Maidens or else the Passions of some frail Wives who loved a Gallant better than a Husband And the force of such Encounters might have Part in the Constitution of a young Hero and give a Natural Vigour Spirit and Lustre to the Children from the Flames wherein they were conceived 'T is certain this young Conqueror owed his Greatness to his Birth and his Fortunes to his personal Merit from the strength of his Temper and vigour of his Mind For he had a Body of Iron as well as a Heart of Steel Yet his Intellectuals were at least equal to his other natural Advantages and he appears as Wise in his politick Institutions as he was Bold in his Enterprises or Brave and Fortunate in the Atchievment of his great Adventures His Father Robert growing Old fell into a Fit of Devotion frequent enough in that Age which made him resolve upon a Visit to the holy Sepulcher His Nobles used all Arguments they could to disswade him but chiefly from the want of lawful Issue and the Competition like to arise upon his Death between several great Pretenders which might prove dangerous to his Country and perhaps fatal to the Norman State But he persisted in the Design of his Journy and told them he had a young Son that he believed certainly to be his own and of whose Person and Disposition he had great Hopes and therefore resolved to leave him his Successor in the Dutchy recommended him to their Care and Loyalty and appointed the King of France to be his Guardian and the Duke of Britain his Governour who was one of the fairest Pretenders to the Succession of that Dutchy after the failing of Robert's Line An unusual Strain or Testimony of the good Faith and Meaning of that Age where Honour was so much more in Request than Interest that such a Prince could trust a Son of reproached Birth and disputed Right to a powerful Neighbour the likeliest to Invade him and to a Pretender that stood the fairest to contest his Title The Prince was not above Nine or Ten Years Old when Duke Robert caused his Nobles and Chief Norman Subjects to Swear Fealty to him and afterwards carried him to do Homage to Henry the First King of France for the Dutchy of Normandy according to the Custom of the former Dukes since their first Accords with that Crown after their Conquests and Establishments in that Part of France which was before called Neustry and took the Name of Normandy from those fierce Invaders These coming
King of France lost the Flower of his Army the greatest part of his Nobles and hardly escaped himself in Person But that little availed this unfortunate Prince who was so sensible of the Loss and as he thought dishonour received by so unequal a Match that he had not the Heart to survive it long but died of Grief and thereby gave an end to this War and left Duke William a calm and peaceable Reign till he disturbed his own and his Neighbours Quiet by new and greater Adventures But to discover their Causes and judge better of the Events we must have recourse to the Accidents of the former Reigns both in England and Normandy and the great Commerce and Intelligences that were thereby grown for many years past between these two Courts and Nations Edward for his Piety surnamed the Confessor the last King of the Saxon Race in England had by the Persecution of his Enemies under the Reign of Harde-Cnute the Dane been forced to leave England and seek shelter in Normandy where he was kindly received nobly entertained by the Duke lived long there with many English who adhered to his Right followed his Fortunes and shared in the Causes and Reliefs of his Banishment some found Imployments others Alliances All favour and kind reception in Normandy These mutual good Offices produced so much kindness between the Givers and Receivers that 't is by some Writers reported King Edward during his Residence in the Norman Court promised Duke Robert that in case he recovered the Kingdom of England and died without Issue He would leave him the Crown The first happening and Edward restored by the Power of Earl Godwin or rather the general Discontents of the English against the Danish Race and Government 'T is certain King Edward after his Restoration or rather first Accession to the Crown ever appeared more favourable and partial to the Normans than was well resented by his English Subjects in general but Earl Godwin and his Son Harold were so offended that they made it the Cause or Pretence of a dangerous Insurrection and were forced upon the ill Success thereof to leave the Kingdom and fly into Flanders though after restored and received by the King rather by Force than any free and willing Consent Duke William after the end of his Wars with France had turned his Thoughts to the common Arts and Entertainments of Peace regulating the Abuses of his State and the Disorders introduced by a long Course of Wars and Violence adorning his Palaces and Houses of Pleasure building Churches and Abbies and endowing them with great Bounty and Piety After which he made a Journy into England where he was received and entertained by King Edward with the same Kindness himself had found in the Norman Court for which like a good Prince he was much pleased to make this Return of Gratitude as well as Justice In this Visit 't is said by some Authors that the Duke gained so far upon the Esteem and Kindness of the King that he then renewed to the Son in England the promise he had formerly made the Father in Normandy of leaving him the Crown by Testament in case he died without Issue Some time after the Duke's return Harold Son to Earl Godwin and Heir of his great Possessions and Dependances in England was forced by a Storm as he at least pretended upon the Coasts of Normandy and to refresh himself after the Toils and Dangers of his Sea Voyage went first to the Norman Court and after some stay there to that of France and was in both entertained like a Person known to be of so great Consideration and Power in England But his last Visit at Paris was thought designed only to cover the true Intention of his first in Normandy Where he engaged to assist that Duke with all his Friends and Force in his Claim to the Crown of England upon King Edward's Death which happening not long after William claimed the Crown by virtue of a Testament from that King and of an Engagement from Harold But he on the contrary denied any such Testament from the deceased Prince alledged an Appointment made by him at his Death for Harold to succeed him disowned any Promise made in Favour of the Duke and making the best use of the Credit and Authority gained by his Father and himself in a crasie and diseased State during the soft Reign of a weak though pious King Harold set up bodly for himself without any respect of Right beyond the Peoples submission interpreted for their Consent and was Elected King by those Nobles and Commons of his Friends or indifferent Persons who assembled at his Coronation leaving to Edgar Atheling an undoubted but yet unregarded Right of Succession and to William a disputed Plea from the alledged Testament of the deceased King The Duke fond of those ambitious Hopes he had framed early and nourished long and spighted at the perfidious dealing of Harold towards him and his Insolence towards the English Nation in seising the Crown and Government against all Justice or so much as Pretence of Right which is commonly made use of to cover the most lawless Actions assembles his Estates of Normandy exposes to them his Claim to England the Wrong done him by Harold his Resolutions of prosecuting both with his utmost Power The Glory as well as Justice of the Enterprise The hopes of Success from his own Right and the hatred in England of the Usurper as well as the Friends and Intelligences he had in that Kingdom The greatness of Spoils and Possessions by the Conquest of his Enemies and the Share he intended his Friends and Followers according to each Man's Merit and Contribution towards the Advancement of his Designs Though the generality of the Normans in this Assembly were not at first very much moved by these Discourses as either doubting the Right or Success of so hazardous an Adventure yet they could not discourage what they were unwilling to promote since they found the Prince had it so much at Heart who prevailed with several of the greatest Bishops and Nobles of Normandy to make him a voluntary Offer of what Moneys Men and Ships they would each of them furnish towards this Enterprise as well as of their own Personal Attendance upon him in so noble and just a Design This free and magnanimous Offer of the greatest among them in some Degree spirited not only the rest of the Assembly but had much Influence upon the People in general who grew Confident of the Success from the Greatness and Boldness of the Undertakers so as they fell into Emulation who should Engage soonest and Contribute furthest upon this Occasion The Duke assisted to his Expectation by his Subjects began to practice upon the Hopes and Ambition of his Neighbours who weary of the long Quiet they had lived in at home since the Part they had taken in the French and Norman Wars begun to grow fond of some new Action and to look
Strength of his Foreigners bore no Proportion to those of so brave and populous a Nation if they should unite on any Bottom of common Discontents of Dangers or of Fears and that the Safety and Peace of his new acquired Dominion could be preserved only by the general Satisfaction and Security of his English Subjects And this was his first Care and was the best provided for by the two first Actions of his Reign one was That as he had claimed the Crown only from the Testament of King Edward and wholly avoided that odious Name of Conquest so he expressed upon all Occasions his Resolution to govern the Kingdom as a legal Prince and leave the ancient Laws and Liberties of the English Nation as they had before enjoyed them The other was that as he drew no Blood but what was spilt in the Field so he seised only the Lands and Estates of those who had been in Arms against him before his Accession to the Crown or after that Time by any Revolt or new Oppositions This wise Counsel made a clear and sudden Distinction betwen those English that were to feel any ill Effects by this late Revolution and the rest who were left out of Danger and in the same State they enjoyed under the Race of their former lawful Kings and so but little sensible of the Change The forfeited Estates and Lands were indeed seized with great Severity but the greatest Part of the Proprietors were silent in the Grave having been slain in the Battel of Hastings and Pursuit of that Victory those who remained alive being at once despoiled of all their Possessions were broken in their Hearts maimed in their Interest among their Neighbours and being but few throughout the Kingdom in Comparison of those that were safe their Losses or Complaints were little regarded by the rest but like wounded Deer were deserted and even avoided by the Herd Upon the Coronation of the King at London with the Concurrence of Nobles and People in that City and his Care in publishing throughout the several Countries these two Resolutions concerning the Safety of their Properties and Laws All the Inhabitants of both the adjacent and remoter Counties and of what Degree soever not only with universal Consent submitted to his Government as to a Decree of Heaven but most of them began to express or al least pretend a common Joy at the Fate of the late Usurper and the prosperous Fortunes of the present King His next Care was the Satisfaction of those many and brave Adventurers and Soldiers who had followed him in this Expedition which he endeavoured to make with Justice to his Promises and to their several Merits as far as the forfeited Lands and Revenues would reach or any Treasures or Debts he found here belonging to the Crown The Lands of the English Barons who had opposed him he divided among the Norman Barons that had attended him those of the Commoners among the Soldiers what Offices were vacant he supplied with such as he had not Lands or Money to reward such of the Normans as he could not clear Accounts with at present by any of these Ways he distributed into the rich and numerous Abbeys of the Kingdom to be there entertained till new Employments should fall or new Forfeitures or new Supplies should come into the King's Coffers by the large Revenues of the Crown or the wise Management of his Treasures which had always been a Virtue of this Prince and exercised in his lower Fortunes as far as could agree with the Bounty of his Nature towards those who deserved it by their Merits or their Services The Provision he made for so many poor Normans by disposing them among the rich Monasteries to share in their Plenty seemed at least a temporary Imposition upon the Clergy and a Breach of those Immunities they had enjoyed in the Saxon Reign For though one chief End of the large Donations made by so many Princes and pious Subjects to the Church was intended for charitable Uses by Relief of the Poor and the hospitable Entertainment of Passengers Pilgrims and Strangers yet this Use was left voluntary and at the Choice of those who possessed these Revenues The Normans sent among them were indeed Strangers and Poor but yet the most charitable Monks had little Mind to relieve them or if they had were not willing to receive them within their Convents to be not only Sharers of their Provisions but Observers of their Actions however they complied at present with the Desires of the King or the Necessity of the Times yet they generally took it ill of the King and for a Diminution of those Immunities or of that Favour they had enjoyed under former Reigns Some thought he had an envious Eye at the vast Riches of the Clergy others that he was jealous of their Power and suspected their Affections to his Person and Government and apprehended as easie a Change among them upon the Approach of any new Revolution as they had shewed upon the last in his own Favour That for these Reasons he had dispersed his Normans as so many Guards or at least as so many Spies among them Whetever it was 't is certain this Action bred the first Unkindness of the Clergy towards this King and being followed by two other Strains of the same Nature which will be observed in their Time left an Imposition upon him Memory of Hardship Cruelty Oppression or Exaction which he deserved as little as other Princes that have a fairer Character in Story and common Opinion For the Monks having been the only Writers remaining of those Times as well as some succeeding Reigns have left a Tincture of their Passions upon the Actions of the first Kings of this Norman Race and painted their Virtues and Vices in fairer or fouler Colours according to the Ideas they had framed of them and their several Dispositions or Actions in Favour or Prejudice of the Church that is of Ecclesiastical Persons or Privileges Such an Authority have the Pens of learned Writers always claimed nad possessed as to pass the definitive Sentence upon the Memories of the greatest Princes in the vulgar Opinion of Posterity Nor is it evident whether the invidious Name of Conqueror which this King had so carefully avoided were entailed upon him by the Flattery of his Friends or the Malice of his Enemies among whom the Monkish Writers seem to have been the chief and most inveterate Whatever Motions were raised upon this Occasion in the Minds of the Clergy none appeared in the rest of the Body of the Realm or Mass of the People most were satisfied because they either liked their new King or hated the last Usurper some were indifferent to both while their Estates and Liberties were out of Danger and such who were displeased with either disguised their Resentment or were not taken notice of in the Crowd All conspired to make so great a Calm succeed in the Kingdom as is usual after a great Storm
excepting the Possessions of such as had opposed his Claim to the Crown which he pretended to be a lawful Right as derived from the Testament of Edward the Confessor and thereby was made a Pretence of legal Forfeiture in all that resisted him But this Blow to so many Estates and Families was given at once and no more renewed On the contrary Justice was administred equally to the English Men upon the Injuries of the Normans who presume upon the King's Favour in Prejudice of Right and of those Laws he had confirmed or established Whereof one memorable Instance remains upon Record even in those Writers who were most severe upon the Actions and Memory of this Prince It was an Action between Warren a Norman and Sherburn an English Man The first by Virtue of a Grant from the King had entered upon the Lands of the other who came into Court and pleaded That he had never bore Arms against the King nor opposed his Title or Accession to the Crown but had lived always peaceably upon his own Lands and so was liable to no Forfeiture by the common Law but was further secured by the King's Declaration immediately after his coming to the Crown Upon which Plea a just Sentence was given in favour of Sherburn his Lands restored and Warren the Norman cast and condemned to the Costs of the Suit He appointed Justices to preserve the Peace and administer Justice in every County pursuant to that which was used in the Saxon Reigns For the Pleas of the Crown and those of greater Moment between the Subjects he created Judges of the most learned and able he could find and ordained four Terms each Year consisting of a certain Number of Days wherein Justice should be duly administred and all Suits heard in such Places as the King should appoint and find most convenient Besides these Orders he instituted the Courts of Chancery and Exchequer the first for tempering the Rigor of Laws according to the Dictates of Conscience and Equity and the other for determining all Actions concerning the Revenues of the Crown and punishing Exactions or irregular Proceedings in the Officers who levied or received them as well as Defaults or Delays in those from whom it was due For Taxes or Impositions unusual it does not appear that he levied any excepting one of Six Shillings upon each Plow-land throughout the Kingdom nor is it well agreed at what Time or upon what Occasion this was raised whether by consent of a general Assembly or by his own Regal Authority By this indeed he imposed Danegelt upon the Invasion of the Danes which happened once or twice in this Reign though with little Progress or Success This Tax was first raised by Ethelreld upon the first Enterprise of the Danes upon England and afterwards used by several of his Successors upon the like Danger sometimes to repulse them by Force and Arms sometimes to evade them by Bargains and Money wherewith they compounded for the present Dangers but invited others to come by such mean Defences This Tax grew odious to the People whenever it was raised upon any other Pretence than a Danish Invasion and though it was sometimes levied yet very seldom and cautiously by some few of the Saxon Kings and but once or twice by this Norman Prince and then most probably upon the true natural Occasions which had given it the first Original Thus I suppose it is confounded with the Tax before mentioned and without applying it to the Danish Invasions by some Writers who seem to take all Occasions of defaming the Actions and Memory of this King and to avoid all just Excuses of any that were ill resented And this proceeded from the ill Talent of the Monkish Writers who measured the Virtues and Vices of Princes by the Opinion of their Favour or Disaffection to the Clergy whom they accounted or stiled the Church though this general Appellation is known to comprehend not only such Persons as were anciently chosen to administer the Offices of divine Worship but also all believing Christians that composed such Assemblies to whom those Offices were administred Of this the King seemed to be sensible for though he was a Prince of known and great Piety and so approved by the several Popes during his Reign yet he appeared very little favourable if not something hard to the Ecclesiasticks of this Kingdom and perhaps something bold with their Privileges so long enjoy'd under the devout Saxon Kings For the rest he contented himself with the usual Revenues of the Crown and by his great Order and Management as well as Moderation in his constant Expence gained much Ease to the Crown and Satisfaction to his People The chief and ancient Branches of the Crown Revenue consisted of First the Lands of old reserved as a Provision for the King's Houshold and so reckoned as Crown-Lands These at first yielded only certain Quantities of Provisions as Beefs Sheep Wheat Hay Oates according to the Nature of the Lands the Tenures by which they held and the Quantity of Provisions found necessary for the King's Houshold What Overplus remained was compounded for and paid in Money according to Rates usual and agreed The next was a Duty reserved anciently out of every Knight's Fee which at first was constantly paid as a Quit-rent but being small came in time to be neglected by the Kings that contented themselves with the Military Attendance of the Knights in their Wars and with levying sometimes a greater Duty upon great or urgent Occasions under the Name of Escuage which was burthensom and odious till the Proportions and Occasions came to be ascertained Those Authors who will make the Conquerour to have broken or changed the Laws of England and introduced those of Normandy pretend this Duty of Escuage with the Tenures of Knights Service and Baronage to have come over in this Reign as well as the Trial by Juries But as enough has been said to clear the last so it needs no Proof that these with the other Feudal Laws were all brought into Europe by the ancient Goths and by them settled in all the Provinces which they conquered of the Roman Empire and among the rest by the Saxons in England as well as by the Franks in Gaul and the Normans in Normandy where the use of their States or general Assemblies were likewise of the same Original The last common Branch of the King's Revenue consisted of Forfeitures both of Lands and Goods in Cases of Treason and Fines or some known mulctuary Punishments upon other Crimes which were distinctly prescribed in the Saxon Laws even for Manslaughter and Murther it self the Rigour of those Times not extending to Blood except in those Cases where the common Safety of the Kingdom was concerned by the danger of the King By all these Orders and Institutions and the Clemency as well as Justice wherewith they were administred the King how new soever his Reign how disputed his Title and how disagreeable his Person by a
foreign Birth yet so far gained the general Affections and Satisfaction of the Commoners of the Realm who ask nothing but Security in their Estates and Properties that no Commotions afterwards raised by the Nobles and Clergy against his Government though in Favour of a better Right and Title were ever supported by the Commons who compose the Mass and Bulk of a Nation and whose general good or ill Humour Satisfaction or Discontent will ever have the most forcible Influence for the Preservation or Ruin of any State Besides the good and profitable Institutions and Orders of this King already mentioned so generally approved and so grateful to the Commonalty of the Realm there were others of a different Nature and which had a contrary Effect by distasting and disobliging many of the chief Nobility and most or all of the Clergy though some were so cautious as not to lose their Dignities or Revenues by expressing their Resentments The Offences taken by these last were first the abrogating or surceasing the Judiciary Power exercised by the Bishops during the Saxon Times in each County where Justice was administred and the Bishop with the Alderman or Earl of each Shire sate as Judges in those Courts which encreased not only their Authority but their Revenues too by a Share they had with the King in all Fines rais'd from the Issue of Causes there determined But all this was abolished by the King's Institution of Justiciaries to administer Justice upon all Pleas of the Crown and others among Subjects at four Terms of the Year This gave particular Offence to the Bishops but another to the whole Clergy for whereas before they held all their Land by Franc Almonage and subject to no Duties or Impositions but such as they laid upon themselves in their Ecclesiastical Assemblies This Prince finding above a third Part of the Lands of the Kingdom in Possession of the Clergy and the Forces of the Crown which consisted in Knights Service lessened in Proportion by their Immunity He reduced all their Lands to the common Tenure of Knights Fees and Baronage and thereby subjected them to the Attendance upon the King in his Wars and to other Services anciently due and sometimes raised upon all Lands that held in fee from the Crown This Innovation touched not only the Bishops but all the Abbots throughout the Kingdom many of whom were endowed with so great Lands and Revenues that in Right thereof they were upon the regular Constitutions of Parliaments allowed Session with the Bishops as Barons in the House of Lords The whole Clergy exclaimed against this new Institution not only as an Indignity and Injustice but as an Impiety too and Violation of the sacred Rights of the holy Church but their Complaints were without Redress though not without ill Consequence The Discontents among many of the great Nobles arose chiefly from two Occasion The first was the Rigor of the Forrest Laws and of their Execution And the other was the King 's too apparent Partiality to his Normans To know the Ground or Pretence of these Forrest Laws it will be necessary to run up to their Original In the first Seisures and Distributions made of the British Lands by the conquering Saxons besides those reserved to the Kings or divided among the People and held by the Tenures either of Knights Service or of Book-land as it was termed among the Saxons and thereby distinguish'd from that of Villenage There were many great Tracts of barren wild or woody Lands left undisposed and in a manner waste so great Numbers of British Inhabitants having been extinguish'd by the Wars or retired into Wales Cornwal Britanny and Scotland and the new Saxons not content to share among them any Lands but such as were fruitful and fit to be cultivated These were enclosed or improved as well as inhabited by the new Proprietors and the others left wast as well as undisposed to any certain Owners The whole Country was as has been observed very full of all Sorts of wild Game in the Time of the Britains who lived at large without any Inclosures little Property and subsisted much upon Hunting Fishing and Fowling which they had all in common Upon the enclosing or cultivating of the fruitful Lands by the Saxons the wild Beasts naturally afraid of Neighbours whom they found to be all Enemies fled into the wild woody and desolate Tracts of Land where they found Shelter and fed though hardly yet out of common Sight and Noise And hereby all those Parts became replenish'd with all Sorts of Game especially with Red and Fallow-Deer and made all those several Extents of Ground which were afterwards called Forrests The Saxon Kings esteemed these to belong to the Crown by their Right to all Possessions that have no certain Owner and by their never having been disposed upon the first Divisions of Land in the Saxon Kingdoms nor afterwards by any Grants of the Crown This Right was not disputed nor any Use of it made further than for the King's Pleasure which yet was not by them restrained from the Nobles or Knights that were Borderers upon the Forrests who were so moderate in those more simple Ages as to commit no Excesses or destroy the Game which it was their Interest to preserve both for their Sport and the Quarry and for some use made of it for common Pasturage among all the bordering Neighbours William the Conqueror not only seised upon all these Forrests as Part of his own Demesns but made a very large one in Hampshire besides those he found by laying wast and leaving uninhabited great Extents of Land which he pretended to be fallen to the Crown by ancient Succession or by new Forfeitures and this he called the new Forrest which Name after so long a Course of Ages it still retains In all these Forrests he pretended an absolute Right and Dominion and in Pursuance thereof instituted new and arbitrary Laws of his own unused and unknown before in this Kingdom and very different from the Moderation of the Saxon Government He confined all hunting or fowling in these Forrests to himself or such as should have Right to it by his Concessions or Permissions He imposed Fines upon all Trespasses committed in them according to his own Pleasure and which seemed much to exceed the Fault or Value of the thing These he caused to be levied with great Rigor and Exaction and thereby debarred not only his Commoners but his Nobles too from a Liberty they had before always enjoy'd Though he took care not to provoke the Commoners by leaving Pasturage free for such of the Neighbours who lived most upon their Stock and thereby took no greeat Offence at the Restraint from their Sport which they had not Time from their Labour much to follow yet the Nobles and Knights who valued their Sports more than common Gains and made use of their Riches but for Encrease of their Pleasures resented this Restraint as a sensible Injury as an Invasion
of their Liberties and even as an Affectation of an Arbitrary Power in this Particular and from the Exercise whereof he was only restrained by the Regards of his Safety and Interest in others of more Moment and Consequence The great Nobles resented it yet further as an Indignity by levelling their Privileges with the Liberties of the Commoners from whom they esteemed themselves distinguished by the usual Regards and Respects paid them from the Princes in their Degree as well as from the People Nor does it appear whether this violent Institution of the Forrest Laws proceeded from his passionate Love of hunting the only Pleasure to which this Prince was addicted or from his Avarice by so many Fines to encrease his Treasure or from a Desire of being absolute and arbitrary in one Part of his Government which he found he could not be with any Safety in the rest For his Partiality to the Normans though it was disguised or at least not evident in the common Forms of his Justice which run a free and even Course yet it was easily discovered in that of his Graces and Favour the Civil Offices Ecclesiastical Benefices Places of most Trust about his Person and in his Realm were conferred generally upon his Normans and besides these Advantages and those of the Forfeitures that fell upon his Entrance they appeared to have his Countenance his Conversation his Confidence so that whatsoever the English possessed of the Kingdom the Normans alone seemed to possess the King This might have been more excusable if the English had considered the King as much as themselves and many of his Circumstances as well as their own They were Strangers to him or but new Acquaintance they differed in Language in Manners in Customs they had very lately differed in Interest and from Enemies in War were indeed now become Subjects but rather as to a Conqueror than a lawful Prince The Normans spoke his Native Tongue were trained up in the same Customs acquainted with his Person from his Youth had attended him in his Court followed him in his Wars at Home and Abroad and thought it but just they should share in his Fortunes as they had in his Dangers However many of the great aspiring Spirits among the English Nobles could not bear this Partiality of the Kings They thought the Normans ought to be provided of Rewards or Honours in Normandy but those of England should be conferred upon English Besides they resented the common Testimonies of his Inclination to the Normans as much as they could have done Injuries to themselves like generous Lovers who are more jealous and spited to see their Rivals gain the Inclination of their Mistress than the Possession and had rather they should have her Body than her Heart Upon all these Causes the Discontents of many chief English Nobles and Prelates were grown to such a Height swelling more within the more they were suppressed that they wanted only a fair Occasion to draw them to a Head and make them break out with Violence and much Pain and Danger to the State This furnish'd them either by Fortune or Design in the third fourth or fifth Year of the Conqueror's Reign for the Authors are neither distinct nor agreed in assigning the Causes or the Times of this King's Actions in War or Institutions in Peace by which their true Nature and that of the Prince would have been best discovered whereas they content themselves to display their Eloquence or vent their Passions by relating general or particular Events what was done and what was suffered in his Reign by which some of the Norman Writers endeavonr to represent him as a God and some of the English like a Devil and both unjustly Edgar Atheling was Nephew to Edward the Confessor and the undisputed as well as undoubted Heir of the Kingdom from the Saxon Race It was generally thought that he had likewise been designed by King Edward a just and pious Prince to succeed him in the Throne and that his Declaration pretended by Harold or Testament by the Duke of Normandy were fictitious or at least neither of them evident from any clear and undoubted Writings or Testimonies Edgar was besides from the Bounty of his Nature the Excellence of his Temper the Prerogative of his Birth and the Compassion of his unjust Fortunes much and generally beloved and esteemed among all the English both Nobles and Commons yet he neither opposed Harold's Usurpation nor the Normans Conquest whether for want of Spirit to attempt so great an Adventure or upon Prudence not to oppose such Powers as he found unresistable and in which so many Circumstances had conspired choosing rather to content himself with the Shades of a private Condition out of Danger and Envy or at least to attend some future Occasions that might open a more probable Way to his Hopes and his Fortunes He was at London among many other Nobles when the famous and decisive Battle was fought at Hastings and the News brought of the Duke's Victory and of Harold's Death Those of the Nobles who were for opposing the Conqueror were for declaring Edgar Atheling King the Citizens of London were at first disposed to the same Resolution but the Bishops and Clergy who had the greatest Sway among both those Orders prevailed in this general Council for a general Submission to the Fate of the Kingdom In Pursuance of this Resolution Edgar Atheling with Stigand and Alred Archbishops of Canterbury and York Edwin and Morchar two of the greatest English Lords the rest of the Nobles and Bishops who had attended the Victorious Duke upon his Way to London was well received by him and treated with Bounty as well as Humanity so that the young Prince attended frequently at Court accompanied the King into Normandy returned with him into England and lived there for some time like one who had forgot his Birth and his Title though they were by the English well remembred But at length either weary of Rest or roused by other Spirits more unquiet than his own he resolved or at least pretended to make a Journey into Hungary where he was born during his Father's Exile had lived long and was much beloved He embarqued for Flanders with his two Sisters Margaret and Christine but forced by a Storm and contrary Winds or allured by fairer Hopes he was driven upon the Coasts of Scotland the first was given out but the last suspected from the Event of this Voyage He was received by Malcolm the King with great Kindness and Compassion of his Disasters both at Sea and Land was resorted to by all the Nobles and Gentlemen who had sheltered themselves in that Kingdom upon Hate or Fear of the Conquest in England and was by them acknowledged and honoured as the true lawful Heir of that Crown Soon after his Arrival the King of Scotland enflamed either with the Beauty of the young Lady or with the Hopes of her Brother's Fortunes or upon former Concert with the
from a mutual Respect they had for one anothers Forces and Dispositions They were indeed not much unequal in Numbers nor in the Bravery and Order of their Troops both Kings were valiant and wise having been trained up in Arms inured to Dangers and much embroiled at home in the Beginning of their Reigns They were now animated to a Battle by their own Courage as well as their Soldiers but yet both considered the Event in the Uncertainty and the Consequence the Loss of a Battle might prove the Loss of a Crown and the Fortune of one Day determine the Fate of a Kigdom and they knew very well that whoever fights a Battle with what Number and Forces what Provisions and Orders or Appearances soever of Success yet at the best runs a Venture and leaves much at the Mercy of Fortune from Accidents not to be foreseen by any Prudence or governed by any Conduct or Skill These Reflections began to dispose both Kings to the Thoughts of ending their Quarrel by a Peace rather than a Battle and though both had the same Inclination yt each of them was unwilling first to discover it least it might be interpreted to proceed from Apprehensions of Weakness or Fears and thereby dishearten their own Soldiers or encourage their Enemies The Scotch at length began the Overture which was received by King William with a Show of Indifference but with a concealed Joy and the more reasonable as having the greater Stake the less to win and the more to lose by the Issue of a Battle The first Parley was followed by a Treaty and this after some Debate by a Peace concluded as between equal Forces so upon equal Conditions each King to content himself with the ancient Bounds of their several Kingdoms whereof the Borders were agreed Neither to invade one anothers Dominions nor to assist the Enemies or receive and protect the Rebels of each other Prisoners in the last or this War to be on both sides released and Subjects who desired to return to be on both sides restored to their Country and Possessions Edgar the Principal or most appearing Cause of the War was included and provided for in this Treaty to return into England make his Submission to the King renounce any further Claim to the Crown and thereupon not only to be restored to his own Possessions with his Friends and Followers but to be provided of a large and honourable Maintenance from the King during his Life And thus this Storm which threatned both Kingdoms with such fatal Dangers and long Consequences was of a sudden blown over a general Calm restored in the whole Island of Britain and the two Kings returned to enjoy the Fruits of a Peace to which they had both contributed by their equal Temper and Prudence as well as by their equal Preparations for a War Soon after the King's Return Edgar repaired into England where he was very favourably received and all Conditions of the Treaty performed and ever after observed with great Faith and Sincereness on both Parts He had his Provisions and Revenues agreed by the Treaty fairly established but being desirous to go to the Wars of the Holy Land which was the common Humour of idle or devout Princes in that Age He was furnished by the King with great Sums of Money to prepare and maintain a noble Equipage for that Journey He there gained much Honour and Esteem after which returning into England he passed the rest of his whole Life in the Ease and Security of a large but private Fortune and perhaps happier than he might have done in the Contests and Dangers of Ambition however they might have succeeded A rare Example of Moderation in Prince Edgar and of Magnanimity as well as Justice and Clemency in this King and very different from several of his Successors who defamed their Reigns by the Death of innocent Princes for having only been born to just Rights of the Crown without any appearing Means or Attempts to pursue them or endanger the Possessors thereby staining their Memories with the Blots both of Cruelty and Fear For as Clemency is produced by Magnanimity and Fearlessness of Dangers so is Cruelty by Cowardise and Fear and argues not only a Depravedness of Nature but also a Meanness of Courage and Imbecillity of Mind for which reason it is both hated by all that are within its Reach and Danger and despised by all that are without The King upon his Return began again to apply himself to the Arts of Peace which consist chiefly in the preventing of future as those of War in the surmounting of present Dangers And as nothing raises the Power of a Crown so much as weak and private Conspiracies against it rashly undertaken by some few Discontents unsupported by any general Defections of the People faintly pursued and ending without Success so this Prince found his Throne and Authority more firmly established in all Appearance by the happy Issue of the two late Wars and the unfortunate Events of his revolted Nobles And now esteemed himself more at Liberty from those Regards of his English Subjects and their Laws which his unsettled State had made necessary upon his first Accession to the Crown He was provoked by the Rebellions of so many of the greatest English Nobles after their Fealty sworn to him He was perswaded of the general Disaffection of the rest and that the late Insurrections would have been found much deeper rooted and farther spread if they had been attended with any Success He thought the English Lords and Bishops had too great Dependance of their Tenants and Vassals upon them and had themselves too little upon the Prince Since they esteemed themselves neither bound to attend him in the Wars unless they pleased nor to furnish the Expences unless by their own Consent in their general Assemblies nor was he satisfied to have them judge of his Necessities whom he thought likeliest to encrease them or at least to desire them He believed the English in general would as long as they retained the Saxon Laws and Forms of Government ever be affected to the Race of their Saxon Kings And for this Reason he was thought to have encouraged the Voyage of Edgar for the Holy Land by so large Supplies of Treasure under Pretence of that Prince's Honour but from true Intentions of his own Safety Besides he found his Treasures exhausted by the great Charges of his two last Expeditions and the just Rewards he had promised both his Normans and those of the English who had well and faithfully served in them Though he had once or twice for 't is left in doubt levied the Tax of Dane-gelt upon the Threats of a Danish Invasion and by an ancient Prerogative of the Saxon Kings pretended or exercised upon that Occasion yet he found it was not raised without great Murmur and Reluctancy of the People as well as the Nobles who pretended to ancient Liberties of paying no Taxes imposed without the Consent
of their general Assemblies which began in this King 's or his Son's Time first to be stiled Parliaments according to the Norman Phrase whereas they had by the Saxons been called Gemoots and by their Latin Writers Common Councils or general Assemblies of the Kingdom though how composed is left uncertain and has raised much Argument and Dispute All these Considerations either moved or augmented at this Time a Design or Inclination of this King to change the whole Frame of the English Government to abolish their ancient Laws and Customs and introduce those of Normandy by which he thought he should be more absolute and too powerful to be again disturbed by any Insurrection at home or any Invasions from his Enemies abroad So soon as he had digested and began to discover this Resolution 't is not to be imagined what a universal Discontent and indeed Consternation it raised among all his English Subjects who under so great a King attended by his victorious Norman Forces reckoned upon no other Safety but from the Preservation of their ancient Laws whereof he had hitherto assured them Whereupon the whole People sad and aggrieved as well as the Nobles in an humble Manner but with universal Agreement tendred an earnest Petition to the King Beseeching him in Regard of his Oath made at the Coronation and by the Soul of St. Edward from whom he had the Crown and Kingdom under whose Laws they were born and bred that he would not change them and deliver them up to new and strange Laws which they understood not Upon this humble but earnest Application of the whole English Nation united in their Desires upon this Occasion the King before he resolved thought at least it was of Weight to deserve the best Deliberation and thereupon fell into serious Consultations upon it with his Council whom he found much divided in their Debates The Normans among them were for his executing with Vigor what he had determined for abolishing wholly the English Laws introducing the Norman and maintaining his Crown and Government by the same means he had gained them which was by Force and Arms. They were encouraged in this Opinion by presuming it agreed with the Kings Inclination and were confirmed by the pressing Arguments and Advices of his Brother Odon Bishop of Bayeux a Man of a violent Nature arbitrary Humour and Will who in the Time of the King's Absence and his being left Vice-gerent had exercised many Oppressions and cruel Exactions upon the People and had raised more Clamour and Hatred against the King's Government than any Councils or Actions of his own This ambitious Prelate aspiring at the Papacy upon the next Election and despairing to obtain it by any other Means than the Force of Money neglected or refrained no Ways of heaping up Treasure thought none so sure of encreasing his own as by advancing the King 's by an absolute Power over the Persons and Purses of his Subjects The English of the King's Council were of a different Opinion but being Parties in the Case had been little considered without the Support of Lanfranc Archbishop of Canterbury who being born an Italian was impartial to English and Normans esteemed much by both and more by the King He was a Man of sound natural Sense and universal Goodness of general Knowledge known Virtue long Experience and approved Wisdom free and disinteressed and in all Councils considering the King more than himself and his true Service and Welfare of the Crown more than his Humour or his Inclination The King ever advised with him in all the weighty Affairs of his Reign allowed his Liberty and encouraged it knowing him to be not only wise and good but faithful to his Interests and affectionate to his Person Happy in the Choice or Fortune of such a Counsellor and more in the Disposition of hearing and weighing such Advises as were never so different from his own Opinions or Inclinations Nor is any thing more dangerous for a Prince than to consult only with Persons that he thinks are of his own Mind or will be so when they know it nor more pernicious in a Counsellor than to give only such Advices as he thinks most agreeable to him that asks or receives them Lanfranc upon this great and weighty Occasion represented to the King how much his Safety depended upon the general Satisfaction of his Subjects That of these the English were much the greater Part both in Strength and Numbers that no People could be easie under any Laws but such wherein they were born and bred That all Innovations were odious but none could be more so than this as appeared by so universal Agreement of the English in their Petition That the Humility and Calmness of it was more dangerous than if any thing had been done in hot Blood and the Refusal would be the more resented That the Laws and Constitutions of this Realm had been digested by the wisest Councils and confirmed by a long Succession of their Kings That under them the Saxons had been good and loyal Subjects and their Kings who ruled by these Laws never troubled with any Seditions or Insurrections of their People That besides Reason and Experience Religion was concerned in this Resolution since the King had already twice sworn solemnly to observe them so as a Change of them now would be taxed not only of Injustice but Impiety That nothing was of so much Moment to a Prince as Reputation and none more than that of being a Religious Observer of his Word and Promise but especially of his Oaths without which he could never be trusted by his Subjects or his Neighbors The King heard and weighed all their Reasons and by them formed his own Judgment which he ever trusted in the last Resort Upon mature Deliberation as the Case required he at length resolved not only to continue the Laws and Customs of the Realm but to give the People new and more evident Assurances of this resolution in pursuance whereof he granted and confirmed them by a publick and open Charter and thereby purchased the Hearts as well as Satisfaction of his English Subjects whereof he reaped the Fruits in his succeeding Troubles in Normandy and his Wars with France Yet he could not refrain showing the Kindness he retained for his own Country and Language introducing by Connivance or by Countenance several Norman Customs and endeavouring to introduce that Language to be general in the Kingdom To this End he caused many Schools to be set up for teaching that Tongue which was a Bastard French not well understood by the French themselves and not at all by the English He caused the Laws of the Kingdom which had been anciently written in Saxon and by Edward the Confessor published also in Latin to be now translated into Norman He ordered all Pleas in the several Courts to be made in the same Language and all Petitions presented the King and all Business of Court to be likewise in Norman This
between the Accuser and Accused and were usual in Actions both real and criminal where no evident Proof of Fact appeared from Witnesses or other Circumstances The Victor was acquitted and the Vanquished if not killed upon the Field was condemned These were performed with great Solemnities and either in Presence of the King who granted the Combat or of certain Judges by him appointed for that particular Case Both these Sorts of Trials this King abolished as unchristian and unjust and reduced all Causes to the Judgment of Equals or of a Jury of twelve Neighbours and by legal Forms Yet the last was some few times used in succeeding Reigns In the Beginnings of his Reign the Kingdom had been much infested by Outlaws and by Robbers and many Normans were secretly murthered by the Hatred of the English as they passed alone upon the Ways or the Fields especially in the Night To remedy this last Mischief he imposed a heavy Fine upon the Hundred where the Body of any Norman should be found slain whether any Discovery were made or no of the Author or Complices of the Fact For all Rapes and Robberies he caused them to be punished so severely by cruel Mutilations of Members and Hardships of Labour as left them miserable Spectacles or Warnings of their Crimes during the rest of their Lives By the Rigour of these Courses and cutting off the chief Cause of such Offences which grow from Idleness and Expences he reduced the whole Realm to such Security that 't is recorded in his Time how a fair Maiden with a Purse of Gold in her Hand might have travelled through the Realm without any Danger offered to her Honour or her Money Besides to prevent any Crimes that might be committed by Favour or Encouragement of the Night He ordered a Bell to be rung in each Parish at eight a Clock in the Winter and nine in the Summer after which every Man was to cover his Fire and stir no more abroad that Night And this was for that Reason called the Corfew or Couvrefew Bell. For the Safety of his State he erected several Castles in many Places most convenient of the Kingdom among which was the Tower of London and New-Castle upon Tyne either built or by this King much enlarged and garrisoned them by Norman or English Soldiers but all such as he most trusted and who were ready in Arms upon all Occasions Yet these Forts were look'd upon by the English as unnecessary in the Times of Peace and as Bridles upon the Liberties of the People rather than Preventions of Dangers of the Crown After these Institutions he applied himself to the Increase Order and Establishment of his Revenue and having as he believed satisfied the People in general by the Confirmation of their ancient and beloved Laws he thought he might be bolder with the Clergy whom he knew to be generally his Enemies and whose Clamours he the less feared from his own known Piety in frequenting Divine Worship in building and endowing several Monasteries in Presents to many Churches both in England and Normandy but especially in great Treasures which he sent frequently to Rome Therefore upon Pretence of his Enemies in the two last Revolts and such as were designed to be their Complices having conveyed their Plate Money and Jewels into the several Monasteries throughout the Kingdom he caused all the rich Abbies to be searched their Money Plate and Jewels which were not necessary or of common Use in Divine Service to be seized and thereby brought at once a mighty Treasure into his Coffers but an inveterate Hatred of the Clergy upon his Person and Reign and this was the last of those Actions that by the envenomed Pens of the Monkish Writers of that Age left such a Charge upon the Memory of this Prince by the Imputation of Cruelty Oppression Violence Exaction and the Breach or Change of Laws of the Kingdom either Human or Divine though the same Authors little consider how ill this agrees with the high Characters they themselves give of his Personal Qualities and Virtues Nor is it probable that so vicious Actions should proceed from so virtuous Dispositions or that so noble and excellent Qualities of any Prince should be esteemed by the present Age or celebrated to Posterity which had been accompanied by cruel infamous or depraved Actions during his Life Having with these Spoils of the Clergy as well as by the many Forfeitures of the revolted Nobles replenished his Coffers for the present he extended the Care of his Revenue not only to what might arrive in his own Life but also in the Times of succeeding Kings To this End he sent Commissioners into all the several Counties of the whole Realm who took an exact Survey and described in a Censual Roll or Book all the Lands Titles and Tenures throughout the whole Kingdom In this were distinctly set down not only every Barony each Knight's Fee every Plow-land but also what Owners by what Tenures at what Rents or Duties they held and what Stock they were possessed of and how many Villans upon their respective Estates All Lands that held anciently of the Crown or were by this King disposed upon Forfeitures he subjected to the usual Tenures of Baronies or Knight's Fees reserving in all the Dominion in chief to himself some Quitrents or Fines upon Death and Alienation and likewise the Custody of all Heirs of such Lands as were left under Age and the Disposal of their Fortunes besides what was assigned for their Maintenance till they came to Years of disposing their Estates and themselves This Book was composed after two old Examples of the same kind in the Times of Ethelbert and Alfred and was laid up as sacred in the Church of Winchester and for that Reason as graver Authors say was called Liber Domus Dei and by Abbreviation Domesday Book The vulgar Account is that the Name was derived from the Nature and so called because every Man was to receive his Doom by that Book upon any Dispute about the Value Tenure Payments or Services of his Lands upon Collection of the King 's ordinary Revenue or the raising of any extraordinary Taxes or Impositions And to make a President for the future or to satisfie the great Expences the King had been at for the compiling this great Roll of the Kingdom six Shillings was raised upon every Plow-land which made the Design of it less agreeable to the People though every Man's Right thereby received a new Evidence and no Injustice was complained of in the Digestion of so difficult a Work and of so various a Nature By this means the King came to an easie and exact Knowledge of his whole constant Revenue and so proportioned it to his Expences and the necessary Cares of having always a Fond or Reserve of present Treasure in his Coffers that after this Time we never find him plunged in any Difficulties for want of Money to supply many great Occasions that ensued in his
Reign nor tempted to impose any Taxes upon his Subjects or other Duties than what were common and known and paid without Pressure or Discontent among the Commonalty of the Realm so as after all these Institutions he passed several Years in great Tranquility at home as well as Honour from all his Neighbour Princes About the thirteenth Year of his Reign he went into Normandy leaving his Brother Odon Bishop of Bayeux and created Earl of Kent his Vice-gerent in England and little apprehending any Storm after so long a Fit of fair weather or that He had left any ill Blood behind him that was like to gather to a Head with such an Inflamation and so dangerous Symptoms as soon after appeared But no Condition of Human Life is ever perfectly secure nor any Force of Greatness or of Prudence beyond the Reach of Envy and the Blows of Fortune Princes as well as private Men are often in most Danger at those Times and in those Parts they think themselves the safest as strong Towers are sometimes taken on those sides that are thought impregnable and so left undefended or little regarded This conquering King esteemed himself now at Ease for the remainder of his Life and not only safe in his own Strength but the Satisfaction of his Subjects The English he had pleased in general by the Preservation of their ancient Laws the bravest and warmest Blood of their Nobles was drawn in the Battle of Hastings or the Wars with Scotland their Power was weakened by so many Confiscations and the Retreat of many more into Scotland and Ireland The Normans were strong and numerous in England and were his own by Birth and by Interest the Ballance of these two Parties seemed the Safety of the whole and it was not to be imagined that both should combine in any Danger to the Crown Besides there was left no Pretension of any better Right or Title than his own since Edgar had laid down his not only in Shew but with firm Resolutions never to resume them But many of the English Nobles still hated the Name of a Conquest resented the Change of Forms and Language in their Laws the Introduction of any new Customs but especially the Rigor of the Forrest Laws which they knew to be arbitrary and esteemed not only a restraint of their innocent Liberties but an Indignity in particular to themselves Some of the chief Norman Lords who had obtained great Possessions by the King's Bounty and the Confiscations of the English being now invested in their Lands and their Titles began to grow fond of their Laws as the safest Tenure and though they had gained their great Estates by the Favour of the King yet they were not willing to hold them at his Pleasure and so joyned with the English Nobles in the Complaints of too great Power exercised by the King and the Jealousies of greater yet designed to the Prejudice of the ancient Constitutions of the Kingdom and Diminution of the Authority or Dependances of the Nobles Some of both Nations and equally ambitious Spirits who had been most favoured and advanced by the King yet valuing their own Merits too high or their Rewards too low thought they had nothing because they had not all they pretended esteemed the King's Favour or Bounty to any others as Injury to themselves and were as unsatisfied with what they had gained as others with what they had lost These Dispositions floating at first in the Minds of several great Nobles both English and Norman and enflamed by such of the Ecclesiasticks who had Credit in the great Families of both Nations grew at length to downright Conspiracy of dispossessing the King of his Crown and introducing the Danes who were allied to many great Lords in England and were esteemed by the Normans of the same Race with their Ancestors The chief of this Conspiracy were the Earls of Norfolk and Suffolk of greatest Power among the English Nobility Fitz-Auber a Norman of near Kindred to the King and who had assisted him with forty Ships upon his English Expedition and been recompenced with mighty Possessions in England and created Earl of Hereford The Earl Waltheof who had been pardoned his Revolt upon the Scotch Invasion married to the King's Niece and ever since intimately trusted as well as favoured by the King These entred secretly into Intelligence with Swain King of Denmark and with Harold's Sons who were still refuged in Ireland The first ingaged to invade the Northern Parts with a Navy of three hundred Sail the last by the Assistance of Drone King of Ireland to attempt the Western Coasts with sixty Ships and the discontented Lords to make a strong Insurrection in some of the Northern Provinces upon Approach of the Danish Fleet which was concerted to be soon after the Kings intended Journey into Normandy These Measures were laid with such Caution and pursued with such Secrecy that all was ready to be executed before the King in Normandy or his Ministers in England had either Notice or Suspicion of any such Dangers or Designs Fitz-Auber had asked the King's Leave some Months before his Norman Iourney to marry his Sister to the Earl of Norfolk and pretended some small Discontent at his Refusal Not long after his Departure he declared the Marriage and the Day appointed to consummate it in Norfolk with great Solemnity and the Recourse of the nearest Relations and most intimate Friends on both sides among whom were the Earl Waltheof and Eustace Earl of Bologne who came over on Purpose to assist at the Consultations here designed At this meeting all was agreed in what Parts of the Kingdom under what Leaders the several Insurrections should be made upon what Pretences and the Time appointed to be when the Danish Fleet should appear upon the Coast. But some Delays intervening which are fatal to all Conspiracies that are trusted into many Hands this was discovered some Days before the Danes arrived but by whom of the Accomplices is left uncertain though some write that it was by Earl Waltheof upon the Conscience of so great an Ingratitude to the King After the full and particular Discovery of the whole Plot and all the chief Conspirators Odon the Vice-gerent with the Assistance and Advice of the King's Council immediately dispatched away several Parties of the King 's best Troops into the several Parts where the Insurrections were intended to begin seised upon many of the Conspirators before others had Notice of the Discovery broke the rest before they could draw to a Head took Earl Waltheof and Fitz-Auber Prisoners who were beheaded upon this Occasion and many others imprisoned Whether this Execution was by the King's Command out of Normandy or by the Rigor of his Brother Odon and upon Pretence of Necessity in so dangerous a Conjuncture is not recorded but 't is agreed that these two were the only Nobles that were executed in England during the Reign of William the Conqueror notwithstanding so many Revolts
and so much Power to punish and revenge them which serves to make up that Character of Clemency of Nature that is allowed this Prince among his other Virtues even by those Writers who are severest upon his Memory Both the Danes and the Irish Fleets were upon the English Coasts when they first received the News of their Cenfederates Discovery and Disasters upon which they returned to Denmark and to Ireland and after this Time the Danes never again attempted any Invasion upon England nor was this Conqueror any more infested or disturbed by any of his English Subjects during the rest of his Reign finding the Conspiracy wholly suppressed and the Kingdom in perfect Tranquility upon his Return which he had yet hastened out of Normandy upon the Intelligence of his Danger in England and Ignorance how deep it was rooted or where it might end Nor was it easie to conjecture since it was believed by wise Men in that Age that the Weakness and ill Success of this Conspiracy proceeded chiefly from the Want of some popular Pretension that might have raised a Commotion of the People in Favour of the Lords and that if this had been designed in Defence of Edgar's known Rights to the Crown and spirited by that Prince at the Head of so many English and Norman Lords as were engaged in it the Throne had been endangered by this last Shake. But the unfortunate Prince Edgar had made his first Pretensions too late and his last Submissions too soon and the Danish Title was hated by the Commons of England though favoured by many of the Nobles and thereby wanted the Foundation proper and necessary to raise any firm Building Thus the Infelicity of some Princes may be occasioned only by ill timing their Councils when to attempt and when to desist in the justest Endeavours and the Greatness of others may be raised and preserved by unforeseen Accidents where the greatest Reach of Foresight and Conduct might have failed For had Edgar been at Liberty to pursue his Rights upon this Conjunction of the English and Norman Nobility he might probably have gained the Crown and had not some of the chief Complices discovered the Conspiracy the Conqueror might as probably have lost it However these Fortunes came to attend him thus far of his Reign yet here the Curtain may be drawn over the happy Scenes of this Prince's Life for the next that must open will represent him in the Decline of his Age imbroiled in Domestick Quarrels which could neither end in Glory nor in Gains assaulted by his own Children opposed by his Native Subjects forced to use Strangers to reduce them to Duty and Obedience after two dangerous Revolts and when these Troubles were appeased after much Anguish of Mind and many Dangers engaged by a trivial Accident and without any Design in a foreign War with a powerful Prince which though pursued with his usual Vigor and Fortune it first cost him his Health and at last his Life William the Conqueror had by his Wife Matild Daugter to Baldwin Count of Flanders four Sons Robert Richard William and Henry besides several Daughters Richard was a Prince of the greatest Hopes but unfortunately killed by a Stag while he was hunting in the new Forrest his untimely Fall was much lamented by the King but less by the People who interpreted it as a Judgment upon him for the mighty Wasts he had made to extend the Bounds of that Forrest and for the Rigor and Oppression of the Forrest Laws The other three survived their Father but with very different Fortunes as well as Merits and very unequally distributed The King before his Expedition into England had promised his eldest Son Robert the Dukedom of Normandy in case he conquered the Kingdom he then pretended this Promise was made before the King of France and challenged by Robert after the King 's first Establishment upon the English Throne But the King though he denied not the Promise he had made yet long delayed the Performance upon Pretence of his unsettled State in England from the Discontents of his Nobles and the Scotch Invasions which made it necessary for him to keep Normandy as a Retreat upon any great Misfortune or Revolution in England Duke Robert seemed content with these Reasons whilst they were justified by the Appearances of any Dangers in England but perceiving they were ceased and yet the Delays continued he grew at length impatient and about the fourteenth Year of the King's Reign assumed the Government of Normandy as sovereign and in his own Right caused the Barons to swear Fealty to him as to the Duke and not as his Father's Lieutenant and was received and obeyed by the Normans who grew weary of a subordinate Government and thought they deserved the Presence of their Prince among them which they had enjoyed since the first Establishment of their Possessions in France Besides Robert was generally beloved as a Prince courteous generous and brave though withal ambitious unquiet and uncertain yet these Dispositions both of Prince and People had not alone induced him to engage in so bold a Resolution with such a Breach of his Duty and his Trust without the Practises and Instigations of the King of France who grown jealous of King William's Greatness and envious of his Felicity found no better way of lessening both than to kindle this Fire in his own House and thereby the most sensibly to disquiet his Mind as well as to disjoynt his State and divide his Power He therefore not only encouraged Robert but combined with him in this Attempt and engaged to support him with his Forces if his Father disputed longer the Justice of his Claim The King though at first discomposed at the News of this Insolence in his Son yet believing it had no deeper Root but what would soon wither or be cut off by his Presence in Normandy gathered immediately what Forces he could raise and with an Army of his English Subjects sailed over now to invade Normandy as he had done before to invade England with his Normans A strange Revolution to befal one Prince in so short a Period of Time and which made as great a Change in his Dispositions as his Fortunes for the great Alacrity and Faithfulness which the English expressed towards him in this Expedition gained so far upon his Affections and Confidence that in the rest of his Reign and his succeeding Wars he seemed to place his chief Trust in the Courage and Loyalty of his English Subjects Duke Robert informed of his Father's Preparations neglected not his own and though surprised at the Suddenness of his Arrival to which the Winds had conspired he could not oppose his Landing yet soon after he was in the Field at the Head of a brave Norman Army and of two thousand Men at Arms which the King of France had sent to his Assistance With these Forces he marched against the King fell upon his Vanguard and by the Success of an Ambush
having never lost but one which was Fitz-Auber He was a Prince deep in his Designs bold in his Enterprises firm in his Prosecution excelling in the Order and Discipline of his Armies and choice in his Officers both of his Army and his State But admirable in Expedition and Dispatch of Civil as well as Military Affairs never deferring till to Morrow what should be done to Day Above all he was careful and prudent in the Management of his Treasure and finding a Temper between the Bounty of his own Nature and the Necessity of his Affairs proportioning always the Expences of his Gifts his Buildings his Enterprizes to the Treasure he was master of for defraying them designing nothing out of his Compass and thereby compassing all he seemed to design He was religious in frequenting Divine Service giving much Alms building Abbies and endowing them sending Presents of Crosses of Gold rich Vestures and Plate to many other Churches and much Treasure to Rome He was a great Lover of Learning and though he despised the loose ignorant Saxon Clergy he found in England yet he took Care and Pleasure to fill Ecclesiastical Dignities here with Persons of great Worth and Learning from abroad as Lanfranc Durand Anselm with many more He was a Lover of Virtue in others and Hater of Vice for being naturally very kind to his half Brother Odon Bishop of Bayeux having made him Earl of Kent given him great Revenues entrusted him in his Absence with the Government of the Realm yet finding him a Man of incurable Ambition Avarice Cruelty Oppression and Prophaneness he at length wholly disgraced him and kept him in Prison during all the rest of his Reign which seems to have been a just Punishment of his Crimes and Sacrifice to the English he had cruelly oppressed in the King's Absence rather than a greediness of his Treasures as some envious Writers would make it appear Yet by the Consent of them all and the most partial or malicious to his Memory as well as others He is agreed to have been a Prince of great Strength Wisdom Courage Clemency Magnificence Wit Courtesie Charity Temperance and Piety This short Character and by all agreed is enough to vindicate the Memory of this noble Prince and famous Conqueror from the Aspersions or Detractions of several malicious or partial Authors who have more unfaithfully represented his Reign than any other Period of our English History Having taken a full View of this King in his Actions and his Person it remains only that we consider the Consequences that both of them had upon the Condition of this Kingdom which will be best discovered by the Survey of what it lost what it preserved and what it gained by this famous Conquest England thereby must be confessed to have lost first very great Numbers of brave English Men who fell in the Battle of Hastings and in two Wars afterwards by the Revolt of the Nobles and Invasion of the Scots in Favor of Edgar Atheling Likewise many Nobles and Gentlemen who disdaining all Subjection to a forreign and conquering Power retired into Scotland Ireland Denmark and after the Extinction of their Hopes by the Suppression of all Endeavours in Favour of Edgar's Right never returned but left their Families habituated in those Countries choosing if they must live under a forreign Dominion to do it rather abroad than at home In the next Place England lost the true Line of their ancient Saxon Kings who were a Race of just good and pious Princes governed by such known Laws and with such Moderation and were so beloved of their People as makes it observed by Writers that no popular Insurrection ever happened in any of the Saxon Reigns Lastly England by the Conquest lost in a great Measure the old Plainness and Simplicity of the Saxon Times and Customs of Life who were generally a People of good Meaning plain Dealing contended with their own little coveting or imitating their Neighbours and living frugally upon the Product of their own fruitful Soil For the Profusion of Meats at our English Tables came in with the Danes and the Luxury of them was introduced first by the Normans and after encreased by the more frequent Use of Wines upon the Accession of Guienne to this Crown What we preserved is remarkable in three Particulars not usual upon great Conquests for first we preserved our Name which was lost by the Saxon Invasions but that of England then succeeding the other of Britain has ever since continued Next we preserved our Language or the old English Tongue which has made the Body and Substance of what still remains though much enlarged and polished since those Times by the transplanting many Words out of forreign Languages especially Latin and French In the last Place we preserved our Forms of Government our Laws and Institutions which have been so much celebrated by ancient Writers and have been so obstinately defended by our Ancestors and are by Chancellor Fortescue who writ in the Time of Henry the Sixth averred to have been preserved through the five several Governments in this Island of Normans Danes Saxons Romans and Britains and so to have continued for a longer Course of Time than those of Rome or Venice or any other Nation known in Story But this I doubt is not so easily proved as affirmed though it may be with more Certainty of the three first which is sufficient to illustrate the Antiquity of our Constitutions without Recourse to strained or uncertain Allegations For what we gained by our Loss in this Conquest though it seems a Contradiction yet it may be observed in many more Particulars than the other two First England grew much greater both in Dominion and Power abroad and also in Dignity and State at home by the Accession of so much Territory upon the Continent For though the Normans by the Conquest gained much of the English Lands and Riches yet England gained Normandy which by it became a Province to this Crown Next it gained greater Strength by the great Numbers of Normans and French that came over with the Conqueror and after his Establishment here and incorporated with the English Nation joyning with them in the same Language Laws and Interests Then we gained much by the great Encrease of our Naval Power and Multitude of Ships wherein Normandy then abounded by the Advantage of more and better Havens than in later Ages This with the perpetual Intercourse between England and Normandy and other Parts of the Continent gave us a mighty Encrease of Trade and Commerce and thereby of Treasure to the Crown and Kingdom which appeared first in so great a Mass as was left by the Conqueror to Prince Henry his younger Son England by the Conquest gained likewise a natural Right to the Dominion of the narrow Seas which had been before acquired only by the great Naval Power of Edgar and other Saxon Kings But the Dominion of narrow Seas seems naturally to belong like that of
Rivers to those who possess the Banks or Coasts on both sides And so to have strengthened the former Title by so long a Coast as that of Normandy of one side and of England on the other side of the Channel Besides by this Conquest we gained more Learning more Civility more Refinement of Language Customs and Manners from the great Resort of other Strangers as well as Mixture of French and Normans And lastly we gained all our Consideration abroad by carrying our Arms so often and so gloriously as well as extending our Dominions into forreign Countries so that whereas our Saxon Kings were little known abroad further than by the Fame of their Devotion and Piety or their Journeys Gifts and Oblations made to Rome after the Conquest the Crown of England grew first to be feared by our Neighbours to have constant Intercourse with other forreign Princes to take Part and be considered in all the Affairs of Christendom and by the following Accessions of Anjou and Guien came in a short time to be esteemed without Controversie while they possessed those Dominions the greatest Power of any Kingdom then in Christendom as appears by so many glorious Adventures and Successes of their Arms in France Spain Brittany Flanders Sicily and the Holy Land From all these happy Circumstances of this Famous Conquest all the succeding Kings of England seem justly to have done this Conqueror the Honor of dating from him the first great Period of their Reigns by which those of the Saxons and other preceding Dominions or Governments here are left us in Story but like so many antique broken or defaced Pictures which may still represent something of the Customs and Fashions of those Ages though little of the true Lines Proportions or Resemblance But all that has succeeded since this King's Reign though not drawn by any one skilful Hand or by the Life yet is represented in so clear a Light as leaves very little either obscure or uncertain in the History of our Kingdom or the Succession of our Kings FINIS Books Printed for and sold by Richard Simpson at the Three Trouts and Ralph Simpson at the Harp in St. Paul's Church-Yard MIscellanea the second Part in Four Essays I. Upon Ancient and Modern Learning II. Upon the Gardens of Epicurus III. Upon Heroick Vertue IV. Upon Poetry By Sir William Temple Baronet In Octavo The Young Man's Duty A Discourse shewing the Necessity of seeking the Lord betimes as also the Danger and Unreasonableness in trusting to a late or Death-Bed Repentance Designed especially for Young Persons before they are debauched by evil Company and evil Habits The sixth Edition By Richard Lord Bishop of Bath and Wells The Life of Monsieur Des Cartes containing the History of his Philosophy and Works As also the most remarkable things that befel him during the whole Course of his Life Translated from the French by S. R. Naval Speculations and Maritime Politicks being a modest and brief Discourse of the Royal Navy of England Of its Oeconomy and Government and a Project for an everlasting Seminary of Seamen by a Royal Maritime Hospital with a Project for a Royal Fishery also necessary Measures in the present War with France c. By Henry Maydman An Account of several new Inventions and Improvements now necessary for England in a Discourse by way of Letter to the Earl of Marlborough relating to building of our English Shipping planting of Oaken Timber in the Forrests apportioning of publick Taxes The Conservacy of all our Royal Rivers in particular that of the Thames the Surveys of the Thames c. Herewith is also published at large the Proceedings relating to the Mill'd-Lead-sheathing and the Excellency and Cheapness of Mill'd-Lead in preference to cast Sheet-Lead for all other Purposes whatsoever Also a Treatise of Naval Philosophy written by Sir William Petty The whole is submitted to the Consideration of our English Patriots in Parliament assembled
much admired in this Action being said to have stood firm at a Breach made in the Wall and with his Sword to have cut of the Heads of many Normans as they pressed to enter and could do it but one by one by the Narrowness of the Breach so bravely defended After this Defeat and the Surrender of York Edgar retired into Scotland with those of his Dependants who were most desperate and impatient of the Norman Conquest The rest of the English Nobles who had escaped the Battel submitted themselves to the King and came in upon publick Faith took a new Oath of Allegiance and were thereupon all pardoned and many restored not only to their Estates but to Favour with the King who had found Erick the Forrester that had first rebelled against him after his Coronation express great Fidelity after his Pardon obtained and perform good Service in this Northern Expedition He made Gospatrick Earl of Northumberland and employed him against the Dangers and Incursions he apprehended from the Scotch He was so charmed with the Valour and Constancy that Waltheof had shewed in the Defence of York though so much to his Cost and the Loss of so many Normans by his Sword that he resolved to gain him at what Rate soever he valued himself showing the Nobleness of his own Courage and Virtue by loving and honouring them in his Enemies He married this young Gentleman to Iudith his Niece gave him great Possessions besides those to which he was Heir and used him with much Confidence which was for some time returned with Service and with Faith Most of the other Nobles that came in upon Pardon of their Lives he despoiled of their Estates and Offices and bestowed them upon his Norman Friends and Followers some he kept Prisoners whom he thought most dangerous as the Archbishops of Canterbury and York and Edwin a Man of the greatest Power and Dependences whose Earldom and great Possessions in Yorkshire were given to Alain Earl of Britain as were those of several others at the same time to others of his Kindred or Friends In the room of Stigand he made Lanfranc Archbishop of Canterbury an Italian born but an Abbot in Normandy a Person of great Wisdom and Temper as well as Learning Thomas his Chaplain he made Archbishop of York and obtained the Approbation of the Pope for their Succession in those Sees during the Lives of the other two upon Representation of other Crimes or at least Vices besides their Rebellion against a King whose Title had been confirmed by the Pope as well as encouraged 'T is not agreed at what Time the Danish Fleet arrived upon the Coasts but 't is certain they entered Humber with about two hundred Sail some write that they returned again without making any Attempt upon the Shore that their Commanders were enriched with great presents from the King and their Soldiers supplied with Provisions and all treated rather like Friends than Enemies whether their Arrival out of Time made them despair of any Success and whether that were occasioned by cross Winds at Sea or cross Purposes in the Danish Court is not well known For William the Conqueror after he was seated in the Throne feared no Insult from abroad but by Danish Powers and Pretensions they had still upon England and the Preparations as was divulged abroad of Swain their King for invading it with a Navy of a thousand Ships Hereupon he endeavoured to ward this Blow by slight rather than Force thinking his Safety on that side better purchased with Treasure than with Blood He practised private Intelligences in the Danish Court and by Force of Presents and Pensions gained to his Devotion some Persons of Credit and among the rest Adelbert Archbishop of Hamburg a Man of great Authority in those Parts and whose Advices were much used and esteemed by the Danish King It was believed the Artifices and Practices of these Men eluded the first great Design of a mighty Invasion changed it into an Assistance of the discontented here with smaller Forces delayed them till the Time was past and disposed their Commanders to return without Action and their Master to receive their Excuses with Approbation or at least with Impunity Yet there are other Writers who say the Danes landed in England made great Spoils joyned Prince Edgar's Forces wintered in this Kingdom and returned in the Spring by the King 's private Practices and Rewards among the Commanders as well as Bounty to the Soldiers The King after having established his Affairs in the North returned triumphant to London where the first Action he performed was to take a new personal Oath before Lanfranc the new Archbishop and all the Lords then present in that City to observe the ancient Laws of the Realm established by the Kings of England his Predecessors and particularly those of Edward the Confessor This Action of the Kings was the more applauded and the better accepted by the English because it was unconstrained by any Necessity of his Affairs or Appearance of any new Dangers against which he might have Reason to provide And 't is certain his Oath taken at his Coronation of preserving the ancient Laws of the Realm had been the chief Occasion of his Safety in the late and dangerous Convulsion of the State together with the ill chosen Time of the Scotch Invasion and the Revolt of the Lords in Favour of Edgar For if such Attempts had been made soon after the Conquest while the Minds of the People were generally in Motion and in Fear of what might succeed to the Danger of their Properties and their ancient Liberties upon that new Revolution his Throne had not been only shaken but in evident Danger of being overthrown by such a violent Concussion But the People having lived quietly some Years under the Protection of their ancient Laws and in an equal Course of known and common Justice grew indifferent to the Change which had been made in the Rights or Succession of the Crown or to any new one that might succeed Besides though they were well affected to Edgar yet they disliked the Company with which he came attended and hated the Entrance of a Scotch Army into England more than they loved Edgar They thought if he succeeded the Dominion would fall under the Scotch whilst he only retained the Name and if they must be governed by Strangers the best was to have those they were already used to and so feared least The common Subjects of a Kingdom are not so apt to trouble themselves about the Rights and Possession of a Crown as about their own and seldom engage in the Quarrels of the first but upon some general and strong Apprehensions that the last are in Danger So the Discontents and Insurrections of the Nobles in England though encouraged and supported by forreign Forces yet failed of Success against this new King and his Government because they were not followed by any general Commotion or Sublevation of the People