this Land which retained nothing of the former nor held other memory but that of the dissolution thereof where scarce a Citie Dwelling Riuer Hill or Mountayne but changed names Britayne it selfe was now no more Britayne but New Saxonie and shortly after either of the Angles the greatest people of the inuadors or of Hengist called Engist-Land or England The distance made by the rage of warre lay so wide betweene the conquering and conquered people that nothing either of lawes rites and customes came to passe ouer vnto vs from the Britaynes nor had our Ancestors any thing from them but their countrie which they first diuided into eight kingdomes all which continued to the last extermination of the Britaynes vnder Caretius their King with whome they were driuen ouer Seuerne 136. yeeres after the first entertainement of Hengist And soone after the Saxons encroching vpon each othe rs parts or States which neuer held certaine boundes and the stronger vsurping vpon their weaker neighbours reduced them to seauen kingdomes that of the Northanimbrians being made one of two and then to sixe the west Saxons taking in the kingdome of Sussex to their dominion And so it continued about 250 yeares At the first by the space of 150 yeares they were meerely gouerned by their owne lawes without mixture of any other But after Augustine the Monke sent with 40 others by Pope Gregorie had conuerted Aethelbert King of Kent and some other they all shortly after receiued the Christian faith and had their lawes and rites ordered according to Ecclesiasticall constitutions Many of their Kings when their sterne asperitie grew molified by humility of the religion beganne to raise presently so many and great monuments of their piety in all parts of the Land as if they striued who should exceed therein and had no other glorie Diuers of them renounced their temporall dignities for Spirituall solitude and became Monkes as Aetheldred and Kinred Kings of Merena-Land Offa King of the East Saxons Kadwalla and Ina Kings of the west Saxons Eadberte King of the Northumbrians c. At length the kingdomes of Merc-naland and west Sax so far ouergrew the others in power as betweene them two it lay who should haue all For Ina a martiall wise and religious Prince gouerning the west Saxons first aduaunced that kingdome to a preheminencie did much to haue subdued Mercna-land but yet Offa afterwards King thereof was in faire possibility to haue swallowed vp both the west Saxons and all the rest of the kingdomes For whilst hee liued which was in the time of Carolus Magnus with whom hee held league and amity hee was esteemed as the especiall King of the Land But the many wrongs he did and the murther committed in his house vpon Aethelbert King of the East Angles comming to him vnder publique faith and a suitor to his daughter were iustly reuenged vpon his posteritie which after him declining in the end lost all For Egbert discended from Inegild the brother of Ina attayning the kingdome of the west Saxons beganne the way to bring all the rest into subiection And being a Prince who from a priuate fortune wherin he liued below with and not aboue other men had learned sufferance and moderation and by the Estate of an exile experience grew to haue great aduantages ouer the time and others borne fortunes and rose by these meanes Ina his great vncle renouncing the world with his kingdome and dying without issue left the succession imbroiled and out of the direct royall lyne as hee found it So that those foure Kings of the west Saxons who seuerally succeeded him Ethelard Sigibert Kinulph and Britric were rather Kings by election and their owne power then by right of discent And Britric knowing the weakenesse of his title and the much promising forwardnes of Egbert with his propinquitie in bloud to the former Kings practized to haue him made away which he perceauing fled first to Offa King of Mercna-land where finding little security in regard Britric had to strength himselfe married the daughter of that king hee escaped into France and there remayned till the death of Britric and then returning obtaines the kingdome of the Westsaxons subdues Cornewall inhabited by the Britaynes and after sets vpon Bernulph newly inuested in the kingdome of Mercna-land a State by the rupture of the Royall lyne likewise growne tottering For Egferth the sonne of Offa enioyed but. 4. monethes the inheritance of his fathers immanitie whereby that kingdome discended collaterally to Kennulph who left it to Kenelme a child after murthered by his sister Quinred Ceolulph brother to Kennulph succeeding after his first yeares raigne was expeld by Bernulph and Bernulph by Egbert who made that kingdome tributarie to the west Saxons as he did after that of the South and East Saxons with the kingdome of Northumberland And by this meanes in a manner attained to a soueraignty of the whole But the Danes imbroiling his peace in the end of his raigne held him backe from enioying such a fulnesse of power as that wee may account him the absolute Monarch of the kingdome nor yet any of his successors so long as the Danes continued vnsubiected For they hauing first made irruptions into the State in the raigne of the late King Britric his predecessor euer after held a part thereof and afflicted the whole till they had attayned the absolute soueraigntie to themselues The Danes were a people of Germanie next neighbours to the Saxons and of language and manners little different possessing besides Cimbrica Chersonesus now called Denmarke all the Isles adiacent in the Baltique Sea and sometimes the kingdome of Norway A mightie rough and martiall nation strong in shipping through their exercise of piracie and numerous in people for all suppliments Who perceauing heere the happie successe and plantation of the Saxons were drawne with desire and emulation likewise to put in for a part the coaste lying open to inuasion and the many diuisions of the Land with the discord of Princes making them an easie way thereunto So that in a manner as soone as the Saxons had ended their trauailes with the Britaynes and drew to settling of a Monarchie the Danes as if ordain'd to reuenge their slaughters beganne to assault them with the like āfflictions The long the many and horrible encounters betwene this two fierce nations with the bloudshed and infinit spoiles committed in euery part of the Land are of so disorded and troublous memory that what with their asperous names together with the confusion of place times and persons intricately deliuered is yet a warre to the reader to ouer-looke them And therefore to fauour myne owne paines and his who shall get little profit thereby I passe them ouer After the death of Egbert Aethelwolph his sonne succeeded in the State with the title of King of the west Saxons only and was a Prince more addicted to deuotion then action as may be seene by his donation of the tenth part of
cre Harald whether of purpose to ratifie some paction closely contriued betwixt them or by casualty of weather driuen into France and so same to make it seeme a iourney of purpose to the Duke is not certainely deliuered was gallantly entertained in Normandy presented with all shewes of Armes brought to Paris and there likewise feasted in that Court. And at his returne to Rouen something was concluded either in likely-hood to deuide the Kingdome betweene them or that Harald being a coast-dweller and had the strongest hand in the State should let in the Duke and doe his best to helpe him to the Crowne vpon conditions of his owne greatnesse or whatsoeuer it was promises were made and confirmed by oathes vpon the Euangelists and all the sacred Reliques at Rouen in the presence of diuers great persons Besides for more assurance Harald was fyanced to Adeliza the Dukes daughter and his brother Wolnot left a pledge for the performance This intercourse made the trans-action of the fate of England and so much was done either by King Edward or Harald though neithers act if any such were was of power to preiudice the State or alter the course of a right succession as gaue the Duke a colour to clame the Crowne by a donation made by Testament which being against the Law and Custome of the Kingdome could be of no validity at all For the Crowne being held not as Patrimoniall but in a succession by remotion which is a succeding to anothers place it was not in the power of King Edward to collate the same by any dispositine and testamentary will the right discending to the next of bloud onely by the Custome and Law of the Kingdome For the Successour is not said properly to be the heire of the King but the Kingdome which makes him so and cannot be put from it by any act of his Predecessour But this was only his clayme the right was of his owne making and no otherwise For as soone as he had heard of the death of King Edward with the Election and Coronation of Harald for they came both together hee assembles the States of Normandy and acquaints them with the right hee had to England soliciting an extention of their vtmost meanes for his recouery thereof and auengement of the periur'd Vsurper Harald shewing them apparant probability of suceesse by infallible intelligence he had from the State his strong party therein with the debility and distraction of the people What glory wealth and greatnesse it would adde to their Nation the obtayning of such a Kingdome as was thus opportunely laid open for them if they apprehended the present occasion All which remonstrances notwithstanding could enduce but very few to like of this attempt and those such who had long followed him in the warres exhausted their estates and content to runne vpon any aduenture that might promise likelyhood of aduancement The rest were of diuers opinions some that it was sufficient to hold and defend their owne country without hazarding themselues to conquer others and these were men of the best ability others were content to contribute but so sparingly as would little aduance the businesse and for the most part they were so tyred with the formerwarres and so desirous to embrace the blessing of peace as they were vnwilling to vndergoe a certaine trouble for an vncertaine good And with these oppositions or faint offers the Dukes purpose at first had so little way as did much perplex him At length seeing this protraction and difficulty in generall he deales with his neerest and most trusty friends in particular being such as hee knew affected the glory of action and would aduenture their whole estates with him As William fitz Auber Conte de Bretteuile Gnalter Guifford Earle of Logueuille Roger Signor de Beaumont with others especially his owne brothers Odo Byshop of Bayeux and Robert Earle of Mortaigne these in full assemblie hee wrought to make their offers which they did in so large a proportion and especially William fitz Auber who made the first offer to furnish forty ships with men and munition the Byshop of Bayeux 40. the Byshop of Mans. 30. and so others according or beyond their abilities as the rest of the assemblie doubting if the action succeeded without their helpe the Duke aryuing to that greatnesse would beare in minde what litle minde they shewed to aduance his desires beganne to contribute more largely The Duke finding them yeilding though not in such sort as was requisite for such a worke dealt with the Byshops and great men a part so effectually as at length he gote of them seuerally that which of alltogether he could neuer haue compassed and causing each mannes contribution to be registred inkindled such an emulation amongst them as they who lately would doe nothing now stryued who should doe most And not only wan he the people of his owne Prouinces to vndertake this action but drew by his faire perswasions and large promises most of the greatest Princes and Nobles of France to aduenture their persons and much of their estates with him as Robert fitz Haruays Duke of Orleance the Earles of Bretaigne Ponthicu Bologne Poictou Mayne Neuers Hiesms Aumal Le Signors de Tours and euen his mortall enemy Martel Earle of Aniou became to be as forward as any All which he sure could neuer haue induced had not this vertues and greatnesse gayned a wide opinion and reputation amonst them Although in these aduancements and turnes of Princes there is a concurrency of dispositions and a constitution of times prepared for it yet is it strange that so many mighty men of the French nation would aduenture their liues and fortunes to adde England to Normandie to make it more then France and so great a Crowne to a Duke who was too great for them alreadie But where mutations are destyned the counsels of men must be corrupted and there will fall out all aduantages to serue that businesse The King of France who should haue strangled this disseigne in the birth was a childe and vnder the curature of Baldouin Earle of Flanders whose daughter the Duke had married and was sure to haue rather furtherance then any opposition that way Besides to amuze that Court and dazell a yong Prince he promised faithfully if he conquered this kingdome to hold it of the King as he did the Duchie of Normandie and doe him homage for the same which would adde a great glory to that Crowne Then was hee before hand with Pope Alexander to make religion giue reputation and auowment to his pretended right promising likewise to hold it of the Apostolique Sea if he preuailed in his enterprize Wherupon the Pope sent him a Banner of the Church with an Agnus of gold and one of the hayres of Saint Peter The Emperour Hen. 4 sent him a Prince of Almayne with forces but of what name or his number is not remembred so that wee see it was not Normandie alone that subdued
vnderstanding the fire thus kindled in his owne house that had set others all in combustion hastes with forces into Normandie to haue surprized his sonne who aduertised of his comming furnisht with 2000. men at armes by the King of France lay in ambush where hee should passe sets vpon him defeited most of his people and in the pursuite hapned to incounter with himselfe whom he vnhors'd and wounded in the arme with his Launce but perceauing by his voice it was his father he hasted to remounte him humbly crauing pardon for his offence which the father seeing in what case he was granted howsoeuer he gaue and vpon his submission tooke him with him to Rouen whence after cured of his hurt hee returned with his sonne William likewise wounded in the fight into England Long was it not ere he was againe inform'd of his sonnes remutyning and how hee exacted vpon the Normans vsurpt the intire gouernment and vrged his fathers promise thereof made him before the King of France vpon his Conquest of England which caused his litle stay heere but to make preparatiōs for his returne into those parts whether in passing he was driuen on the Coast of Spaine but at length ariuing at Burdeaux with his great preparations his sonne Robert came in and submitted himselfe the second time whom hee now tooke with him into England to frame him to a better obedience imploying him in the hard and necessitous warres of Scotland the late peace beeing betweene the two Kings againe broken and after sent him backe and his yong sonne Henry with the association of charge and like power but of more trust to the gouernment of Normandie After the two Princes had beene there a while they went to visite the King of France at Conflance where feasting certaine dayes vpon an after dinner Henry wanne so much at chesse of Louis the Kings eldest sonne as he growing into choller called him the sonne of a Bastard and threw the Chesse in his face Henry takes vp the Chesse-bord and strake Louis with that force as drew bloud and had killed him had not his brother Robert come in the meane time and interposed himselfe Whereupon they suddenly tooke horse and with much adoe they recouered Pontoise from the Kings people that pursued them This quarrell arising vpon the intermeeting of these Princes a thing that seldome breeds good bloud amongst them re-inkindled a heate of more rancor in the fathers and beganne the first warre betweene the English and French For presently the King of France complots againe with Robert impatient of a partner enters Normandie and takes the Citie of Vernon The King of England inuades France subdues the Countrie of Zaintonge and Poictou and returnes to Rouen where the third time his sonne Robert is reconciled vnto him which much disappoints and vexes the King of France who thereupon summons the King of England to do him homage for the kingdome of England which he refused to do saying he held it of none but God and his sword For the Duchie of Normandie he offers him homage but that would not satisfie the King of France whom nothing would but what he could not haue the Maistery and seekes to make any occasion the motiue of his quarrell and againe inuades his territories but with more losse then profite In the end they conclude a certaine crazie peace which held no longer then King William had recouered a sicknes whereinto through his late trauaile age and corpulencie he was falne at which time the King of France then yong and lustie ieasting at his great belly whereof hee said he lay in at Rouen so irritated him as being recouered he gathers all his best forces enters France in the cheifest time of their fruites making spoile of all in his way till he came euen before Paris where the King of France then was to whom he sendes to shew him of his vp-sitting and from thence marched to the Citie of Mants which he vtterly sackt and in the distruction thereof gate his owne by the strayne of his horse among the breaches and was thence conueyed sicke to Rouen and so ended all his warres NOw for his gouernment in peace and the course he held in establishing the kingdome thus gotten first after he had represt the conspiracies in the North and well quieted all other partes of the State which now being absolutely his he would haue to be ruled by his owne law beganne to gouerne all by the Customes of Normandie Whereupon the agreeued Lordes and sadde people of England tender their humble petition beseeching him in regard of his oath made at his Coronation And by the soule of Saint Edward from whom he had the Crowne and kingdome vnder whose lawes they were borne and bred That he would not adde that miserie to deliuer them vp to be iudged by a strange law they vnderstood not And so earnestly they wrought that he was pleased to confirme that by his Charter which hee had twice fore-promised by his oath And gaue comaundement to his Iusticiaries to see those lawes of Saint Edward so called not that he made them but collected them out of merchen-Merchen-law Dane law and Westsex law to be inuiolablie obserued throughout the kingdome And yet notwithstanding this confirmation and the Charters afterward granted by Hen. 1. Hen 2. and King Iohn to the same effect there followed a generall innouation both in the lawes and gouernment of England So that this seemes rather done to acquiet the people with a shew of the continuation of their ancient customes then that they enioyed them in effect For the little conformitie betwene those lawes of former times and these that followed vpon this change of State shew from what head they sprang And though there might be some veynes issuing from foriner originals yet the mayne streame of our Comon law with the practice thereof flowed out of Normandie notwithstanding all obiections can be made to the contrary For before these collections of the Confessors there was no vniuersall law of the kingdome but euery seuerall Prouince held their owne customes all the inhabitants from Humber to Scotland vsed the Danicque law Merchland the midle part of the Countrie and the State of the West Saxons had their seuerall constitutions as being seuerall dominions And though for some few yeares there seemed to be a reduction of the Heptarchie into a Monarchie yet held it not so long together as wee may see in the succession of that broken gouernment as to setle one forme of order current ouer all but that euery Prouince according to their perticuler founders had their customes a part and held nothing in comon besides religion and the constitutions thereof but with the vniuersalitie of Meum Tuum ordered according to the rites of nations and that ius innatum the Comon law of all the world which wee see to be as vniuersall as are the cohabitations and societies of men and serues the turne to hold them together
in all Countries howsoeuer they may differ in their formes So that by these passages we see what way we came where we are and the furthest end we can discouer of the originall of our Comon law and to striue to looke beyond this is to looke into an vncertaine vastnesse beyond our discerning Nor can it detract from the glory of good Customes if they bring but a pedigree of 600. yeares to approue their gentilitie seeing it is the equity and not the antiquity of lawes that makes them venerable and the integritie of the professors thereof the profession honored And it were well with mankinde if dayes brought not their corruptions and good orders were continued with that prouidence as they were instituted But this alteration of the lawes of England bred most heauie doleances not onely in this Kings time but long after For whereas before those lawes they had were written in their owne tongue intelligible to all now are they translated into Latine and French and practized wholly in the Norman forme and language thereby to draw the people of this kingdome to learne that speech for their owne neede which otherwise they would not doc And seeing a difference in tongue would continue a difference in affections all meanes was wrought to reduce it to one Idiom which yet was not in the power of the Conqueror to doe without the extirpation or ouerlaying the Land-bred people who being so far in number as they were aboue the inuadors both carry the mayne of the language and in few yeares haue those who subdued them vndistinguishablie theirs For notwithstanding the former conquest by the Danes and now this by the Norman the solid bodie of the kingdome still consisted of the English and the accession of strange people was but as Ryuers to the Ocean that changed not it but were changed into it And though the king laboured what he could to turne all to French by enioyning their children here to vse noc other language with their Grammer in schooles to haue the lawes practized in French All petitions and businesse of Court in French No man graced but he that spake French yet soone after his dayes all returnes naturall English againe but law and that still held forraine and became in the end wholly to be inclosed in that language nor haue we now other marke of our subiection and inuassellage from Normandie but only that and that still speakes French to vs in England And herewithall new Termes new Constitutions new formes of Pleas new Offices and Courts are now introduced by the Normans a people more inured to litigation and of spirits more impatient and contentious then were the English who by reason of their continuall warre wherein law is not borne and labour to defend the publicke were more at vnitie in their priuate and that small time of peace they had deuotion and good fellowship entertained For their lawes and constitutions before we see them plaine briefe and simple without perplexities hauing neither fold nor plaite commaunding not disputing Their graunts and transactions as briefe and simple which shewed them a cleere-meaning people retaining still the nature of that plaine realnesse they brought with them vncomposed of other fashion then their owne and vnaffecting imitation For their tryals in cases criminall where manifest proofes failed they continued their antient custome held from before their Christianitie vntill this great alteration which trials they called Ordeal Or signifying right Deale part whereof they had these kinds Ordeal by fire which was for the better sort and by water for the inferiour That of Fire was to go blindfold ouer certaine plough-shares made red hote and laide an vneuen distance one from another That of Water was either of hot or cold in the one to put their armes to the elbow in the other to be cast headlong According to their escapes or hurts they were adiudged such as were cast into the riuers if they sancke were held guiltlesse ifnot culpable as eiected by that Element These trials they called the iudgements of God and they were performed with solemne Oraisons In some cases the accused was admitted to cleere himselfe by receiuing the Eucharist or by his owne oath or the oaths of two or three but this was for especiall persons and such whose liuings were of a rate allowable thereunto the vsuall opinion perswading them that men of ability held a more regard of honesty With these they had the triall of Campe-fight or single combat which likewise the Lumbards originally of the same German nation brought into Italy permitted by the law in cases either of safetie and fame or of possessions All which trials shew them to be ignorant in any other forme of law or to neglect it Nor would they be induced to forgo these customes and determine their affaires by Imperiall or Pontificiall Constitutions no more then would the Lumbards forsake their duellary lawes in Italy which their Princes against some of their wils were constrained to ratifie as Luytprandus their king thus ingeniously confesses We are vncertaine of the iudgement of God and we haue heard many by fight to haue lost their cause without iust cause yet in respect of the custome of our nation we cannot auoide an impious law But all these formes of iudgements and trials had their seasons Those of Fire and Water in short time after the Conquest grew disused and in the end vtterly abrogated by the Pope as deriued from Paganisme That of combat continues longer-liued but of no ordinarie vse And all actions now both criminall and reall began to be wholly adiudged by the verduit of 12 men according to the custome of Normandy where the like forme is vsed and called by the name of Enquest with the same cautions for the Iurors as it is here continued to this day Although some hold opinion that this forme of triall was of vse in this kingdome from all antiquitie and alledge an ordinance of king Ethelred father to the Confessor willing in their Gemote or conuentions monethly held in euery hundred twelue graue men of free condition should with the Greut the chiefe Officer amongst them sweare vpon the Euangelists to iudge euery mans cause aright But here we see twelue men were to be assessors with the Greue to iudge and no Iurors according to this manner of triall now vsed Besides had there beene any such forme we should aswell haue heard thereof in their laws and practise as of those other kinds of Ordeal onely and vsually mentioned But whatsoeuer innouations were in all other things the gouernment for the peace and securitie of the kingdome which most imported the King to looke vnto seemes to be continued as before and for that businesse he found here better laws established by the wary care of our former kings then any he could bring Amongst which especially was the Boroh law whereby euery free man of the Comons stood as surety for each others behauiour in this sort The kingdome
fidelity to her The next day she was receiued with solemne procession into the Bishops Church at Winchester the Bishop leading her on the right hand and Bernard Bishop of Saint Dauids on the left There were present many other Bishops as Alexander Bishop of Lincolne and Nigel Bishop of Ely the nephews of Roger lately imprisoned Robert Bishop of Bath and Robert Bishop of Worcester with many Abbots Within a few dayes after came Theobald Archbishop of Canterbury to the Empresse inuited by the Legat but deferred to do fealty vnto her as holding it vnworthy his person and place without hauing conferd first with the king And therefore he with many Prelats and some of the Layty by permission obtained went to the king to Bristow The Councell brake vp the Empresse keepes her Easter at Oxford being her owne towne Shortly vppon Easter a Councell of the Clergie is againe called to Winchester where the first day the Legat had secret conference with euery Bishop apart and then with euery Abbot and other which were called to the Councell the next day he makes a publicke speech Shewing how the cause of their Assembly was to consult for the peace of their country in great danger of vtter ruine Repeates the flourishing raigne of his vnkle the peace wealth and honour of the kingdome in his time and how that renowned king many yeares before his death had receiued an oath both of England and Normandy for the succession of his daughter Maude and her Issue But said he after his decease his daughter being then in Normandy making delay to come into England where for that it seemed long to expect order was to be taken for the peace of the countrey my brother was permitted to raigne And although I interposed my selfe a surety betweene God and him that he should honour and exalt the holy Church keepe and ordaine good lawes Yet how he hath behaued himselfe in the kingdome it gricues me to remember and I am ashamed to repeate And then recounts he all the Kings courses with the Bishops and all his other misgouernments And then saide he euerie man knowes I ought to loue my mortall brother but much more the cause of my immortall Father therfore seeing God hath shewed his iudgment on my brother and suffered him without my knowledge to fall into the hand of Power that the kingdome may not miscary for want of a Ruler I haue called you all hither by the power of my Legation Yesterday the cause was moued in secret to the greatest part of the Clergie to whom the right appertaines to elect and ordaine a Prince And therefore after hauing inuoked as it is meete the Diuine aide we elect for Queene of England the daughter of the peacefull glorious rich good and in our time the incomparable king and to her we promise our faith and allegiance When all who were present either modestly gaue their voyce or by their silence contradicted it the Legate ads The Londoners who are in respect of the greatnesse of their City as among the optimacie of England we haue by our messengers summoned and I trust they will not stay beyond this day to morrow we will expect them The Londoners came were brought into the Councell shewed How they were sent from the Communaltie of London not to bring contention but prayer that the King their Lord might be fred from captiuitie and the same did all the Barons receiued within their Liberties earnestly beseech of my Lord Legate and all the Clergie there present The Legat answers them at large and loftily according to his speech the day before and added That the Londoners who were held in that degree in England ought not to take their parts who had forsaken their Lord in the warre by whose Councell the Church had beene dishonoured and who fauoured the Londoners but for their owne gaine Then standes there vp a Chaplayne to Queene Maude wife to Stephan and deliuers a letter to the Legat which he silently read and then said alowd that it was not lawfull in the assembly of so many reuerend and religious persons the same should be publikly read containing matter reprehensible The Chaplayne not to fayle in his message boldly reades the letter himselfe which was to this effect That the Queene earnestly intreates all the Clergie there assembled namely the Bishop of Winchester the brother of her Lord to restore him vnto the kingdome whom wicked men which were also his subiects held prisoner To this the Legat answeres as to the Londoners and shortly after the Councell brake vp where in many of the Kings part were excommunicated namely William Martell an especiall man about the King who had much displeased the Legat. Hereupon a great part of England willingly accepted of Maude in whose businesses her brother Robert imployes all his diligence and best care reforming iustice restoring the Lawes of England promising relieuements and whatsoeuer might be to winne the people the Legat seconding all his courses But now she being at the point of obtayning the whole kingdome all came sodainly dasht by the practise of the Londoners who adhering to the other side began openly to inueigh against her who in something whatsoeuer it were had displeased them and they had plotted to surprize her in their Cittie whereof she hauing notice secretly withdrawing herselfe accompanied with her vnkle Dauid King of Scots who was come to visit her and her brother Robert vnto Oxford a place of more securitie The Legat himselfe takes or makes an occasion to be flacke in her cause vpon her denying him a sute for his Nephew Eustace the sonne of Stephan about the inheritance of his Earldome of Mortaigne in Normandie Besides the Queene regnant watchfull ouer all oportunitie found meanes to parle with the Legat sets vpon him with her teares intreatie promises and assurances for the Kings reformation in so much as she recalled him to the affections of nature brought him about againe to absolue such of the Kings part as he had lately excommunicated The Earle of Glocester seeing this sudden and strange relaps of their affaires striues by all meanes to hold vp Opinion and re-quicken the Legats disposition which to keepe sound was all He brings the Empresse to Winchester setles her and her guard in the Castle where she desires to speake with the Legat who first delayes then denies to come Whereupon they call their best friends about them Queene Maude and the Lords incompasse the Towne and cut off all victuall from the Empresse so that in the end the Earle of Glocester wrought meanes to haue her conueyd from thence to the Vies but himselfe was taken and in him most of her This sets the sides both euen againe into the Lists of their triall the two prisoners are to redeeme each other The disproportion of the quality betweene them shewed yet there was an euennesse of power and the Earle would not consent to the Kings deliuery who onely in that was
was deuided into Sheires or Shares euery Sheire consisting of so many Hundreds and euery Hundred of a nomber of Boroughs Villages or Tythings containing ten housholders whereof if any one should commit an vnlawfull act the other nine were to attach and bring him to reason If he fled 31 dayes were enioyned him to appeare If in the meane time apprehended he was made to restore the damage done otherwise the Free-boroughead to say the Tythingman was to take with him two of the same Village and out of three other Villages next adioyning as many that is the Tythingman and two other of the principall men and before the officers of that hundred purge himselfe and the village of the fact restoring the damage done with the goodes of the malefactor which if they suffized not to satisfie the Free-boroh or Tything must make vp the rest and besides take an oath to be no way accessarie to the fact and to produce the offendor if by any meanes they could recouer him or know where he were Besides euery Lord and Maister stood Boroh for all his familie whereof if any seruant were called in question the Maister was to see him answere it in the hundred where he was accused Yf hee fled the Maister was to yeild such goodes as he had to the King If himselfe were accused to be aiding or priuie to his seruants flight hee was to cleere himselfe by 5. men otherwise to forfeit all his goodes to the King and his man to be out-lawed These lincks thus intermutually fastened made so strong a chaine to hold the whole frame of the State together in peace and order as all the most pollitique regiments vpon earth all the interleagued societies of men cannot shew vs a streighter forme of combination This might make the Conqueror comming vpon a people thus lawbound hand and foot to establish him so soone and easily as he did This Boroh-law being as a Cittadell built to guard the Comon wealth comming to be possest by a conquering Maister was made to turne all this ordinance vpon the State and batter herselfe with her owne weapon and this law may be some cause wee finde no popular insurrection before the Conquest For had not this people beene borne with these fetters and an idle peace but liued loose and in action it is like they would haue done as noblie and giuen as many and as deepe woundes ere they lost their Country as euer the Brittaines did either against the Romans or the Saxons their predecessors or themselues had done against the Danes a people far more powrefull and numerous then these The Conqueror without this had not made it the worke of one daie nor had Normandie euer beene able to haue yeilded those multitudes for supplies that many battails must haue had But now 1. the strickt executing this law 2. disweapning the Comons 3. Preuenting their night-meetings with a heauie penalty that euery man at the day closing should couer his fire and depart to his rest 4. Erecting diuers fortresses in fit parts of the kingdome 5. And collating all offices both of commaund and iudicature on such as were his made his domination such as he would haue it And where before the Bishop and the Alderman were the absolute iudges to determine all businesse in euery sheire and the Byshop in many cases shared in the benifite of the mulcts with the King now he confin'd the Clergie within the Prouince of their owne Ecclesiasticall iurisdiction to deale only in businesse concerning rule of soules according to the Cannons and lawes Episcopall And whereas the causes of the kingdome were before determined in euery sheire and by a law of King Edward Senior all matters in question should vpon especiall penaltie without further deferment be finally decided in their Gemote or conuentions held monthly in euery hundred now he ordeined that foure times in the yeare for certaine dayes the same businesses should be determined in such place as he would appoint where he constituted iudges to attend for that purpose and also others from whom as from the bosome of the Prince all litigators should haue iustice and from whom was no appeale Others he appointed for the punishment of malefactors called Iusticiarij Pacis What alteration was then made in the tenure of mens possessions or since introduced wee may find by taking note of their former vsances Our Auncestors had onely two kinde of tenures Boke-land and Folkland the one was a possession by writing the other without That by writing was as free-hold and by charter hereditarie with all immunities and for the free and nobler sort That without writing was to hold at the will of the Lord bound to rents and seruices and was for the rurall people The inheritances discended not alone but after the German manner equally deuided amongst all the children which they called Landskiftan to say Part-land a custome yet continued in some places of Kent by the name of Gauel kin of gif eal kin And hecreupon some write how the people of that Countrie retayned their auncient lawes and liberties by especiall graunt from the Conqueror who after his battaile at Hastings comming to Douer to make all sure on that side was incompassed by the whole people of that Prouince carrying boughes of trees in their handes and marching round about him like a mouing wood With which strange and suddaine shew being much moued the Arch-Bishop Stigand and the Abot Egelsin who had raised this commotion by shewing the people in what danger they were vtterly to lose their liberties and indure the perpetuall misery of seruitude vnder the domination of strangers present themselues and declared how they were the vniuersall people of that Countrie gathered together in that manner with boughes in their handes either as Oliue branches of intercession for peace and libertie or to intangle him in his passage with resolution rather to leaue their liues then that which was deerer their freedome Whereupon they say the Conqueror granted them the continuation of their former Customes and Liberties whereof notwithstanding they now retayne no other then such as are common with the rest of the kingdome For such as were Tenants at the will of their Lords which now growne to a greater number and more miserable then before vpon their petition and compassion of their oppression he relieued their case was this All such as were discouered to haue had a hand in any rebellion and were pardoned onely to enioy the benefit of life hauing all their liuclihood taken from them became vassals vnto those Lords to whom the possessions were giuen of all such lands forfeited by attaindors And if by their diligent seruice they could attaine any portion of ground they held it but onely so long as it pleased their Lords without hauing any estate for themselues or their children and were oftentimes violently cast out vpon any small displeasure contrary to all right whereupon it was ordained that whatsoeuer they had obtained of
their Lords by their obsequious seruice or agreed for by any lawfull pact they should hold by an inuiolable law during their owne liues The next great worke after the ordering his lawes was the raising and disposing of his reuenues taking a course to make and know the vtmost of his estate by a generall suruey of the kingdome whereof he had a president by the Dome booke of Winchester taken before by king Alfride But as one day informes another so these actions of profit grew more exact in their after practise and a larger Commission is graunted a choice of skilfuller men imployed to take the particulars both of his owne possessions and euery mans else in the kingdome the nature and the quality of their lands their estates and abilities besides the descriptions bounds and diuisions of Sheires and Hundreds and this was drawne into one booke and brought into his treasurie then newly called the Exchequer according to the soueraigne court of that name of Normandy before termed here the Talee and it was called the Dome booke Liber iudiciarius for all occasions concerning these particulars All the Forests and Chases of the kingdom he seized into his proper possession and exempted them from being vnder any other law then his owne pleasure to serue as Penetralia Regum the withdrawing chambers of kings to recreate them after theirserious labours in he State where none other might presume to haue to do and where all punishments and pardons of delinquents were to be disposed by himselfe absolutely and all former customes abrogated And to make his commaund the more he increased the number of them in all parts of the Land and on the South coast dispeopled the country for aboue thirty miles space making of old inhabited possessions a new Forest inflicting most seuere punishments for hunting his Deere and thereby much aduances his reuenues An act of the greatest concussion and tyranny he committed in his raigne and which purchased him much hatred And the same course held almost euery king neere the Conquest till this heauie grieuance was allayed by the Charter of Forests granted by Henry 3. Besides these he imposed no new taxations on the State and vsed those he found very moderately as Dangelt an imposition of two shillings vpon euery hide or plough-land raised first by king Ethelred to bribe the Danes after to warre vpon them he would not haue it made an Annuall payment but onely taken vpon vrgent occasion and it was seldome gathered in his time or his successors saith Geruasius yet we find in our Annals a taxe of 6. shil vpon euery hide-land leauied presently after the generall surucy of the kingdome Escuage whether it were an imposition formerly laide though now newly named I do not find was a summe of money taken of euery Knights fee In after times especially raised for the seruice of Scotland And this also saith Geruasius was seldome leauied but on great occasion for stipends and donatiues to souldiers yet was it at first a due reserued out of such lands as were giuen by the Prince for seruice of warre according to the custome of other nations As in the Romans time we find lands were giuen in reward of seruice to the men of warre for terme of their liues as they are at this day in Turkey After they became Patrimoniall hereditarie to their children Seuerus the Emperor was the first who permitted the children of men of warre to inioy their Fiefs prouided that they followed Armes Constantine to reward his principall Captaines grāted them a perpetuity in the lands assigned them The estates which were but for life were made perpetuall in France vnder the last kings of the race of Charlemaine Those Lords who had the great Fiefs of the king sub-deuided them to other persons of whom they were to haue seruice Mulctuary profits besides such as might arise by the breach of his Forest-lawes he had few or none new vnlesse that of Murther which arose vpon this occasion In the beginning of his raigne the rankor of the English towards the new-come Normans was such as finding them single in woods or remote places they secretly murthered them and the deed doers for any the seuerest courses taken could neuer be discouered whereupon it was ordained that the Hundred wherein a Norman was found slaine and the Murtherer not taken should be condemned to pay to the king some 36 pounds some 28 pounds according to the quantity of the Hundred that the punishment being generally inflicted might perticularly deterre them and hasten the discouery of the malefactor by whom so many must otherwise be interessed For his prouisionary reuenues he continued the former custome held by his predecessors which was in this manner The kings Tenants who held their lands of the Crowne paid no money at all but onely Victuals Wheate Beifes Muttons Hay Oates c. and a iust note of the quality and quantity of euery mans ratement was taken throughout all the Sheires of the kingdome and leauied euer certaine for the maintenance of the kings house Other ordinarie in-come of ready moneys was there none but what was raised by mulcts and out of Cities and Castles where Agriculture was not vsed What the Church yeelded him was by extent of a power that neuer reached so farre before and the first hand he layd vpon that side which weighed heauily was his seizing vpon the Plate Iewels and Treasure within all the Monasteries of England pretending the rebels and their assistants conueyed their riches into these religious houses as into places priuiledged and free from seizure to defraud him thereof Besides this he made all Bishoprickes and Abbeys that held Barronies before that time free from all secular seruices contributary to his warres and his other occasions And this may be the cause why they who then onely held the Pen the Scepter that rules ouer the memory of kings haue laide such an eternall imposition vpon his name of rigour oppression and euen barbarous immanity as they haue done When the nature and necessary disposition of his affaires being as he was may aduocate and in many things much excuse his courses But this name of Conquest which euer imports violence and misery is of so harsh a sound and so odious in nature as a people subdued cannot giue a Conquerour his due how euer worthy and especially to a stranger whom onely time must naturalize and incorporate by degrees into their liking and opinion And yet therein this king was greatly aduantaged by reason of his twenty yeares gouernment which had much impaired the memory of former customes in the yonger sort and well inured the elder to the present vsances and forme of State whereby the rule was made more easie to his sonnes who though they were farre inferior to him in worth were somwhat better beloued then he and the rather for that their occasions made them somewhat to vnwrest the Soueraignty from that height whereunto he had strayned it How he
she had from a blessed mother and with much a do was wonne from her cloyster and her vow to God to discend to the world and be a wife to a King Thus stood he intrenched in the State of England when his brother Robert returning from the holy warres and receiued with great applause into his Duchie of Normandy shakes the ground of all this businesse the first yeare threatning the second ariuing with a strong Army at Portsmouth to recouer the Crowne appertayning to him by the course of right hauing a mighty partie in England of the Norman Nobilitie who either moued with conscience or their discontent a sickenesse rising of selfe opiniō ouer-expectatiō made any light occasion the motiue of reuolt The Armyes on both sides meete and are readie to incounter when for auoyding Christian bloud a treatie of peace was moued and in the end concluded with these articles that seing Henry was borne since his father was King of England which made him the eldest sonne of a King though the last of a Duke and now inuested in the Crowne by the act of the kingdom he should inioy the same during his life paying to Robert 3000. markes per annum and Robert suruiuing to succeed him that all who had taken part with Robert should haue their pardon and receiue no detriment This businesse thus fairely passed ouer Robert of a generous and free nature staies and feasts with his brother here in England from the beginning of August till Michelmas and then returnes into Normandie When Henry rid of this feare takes to a higher strayne of regalitie and now standes vpon his Prerogatiue for the inuestitures of Byshops and collation of other Ecclesiasticall estates within his kingdome oppugned by Anselme who refused to consecrate such as he preferred alledging it to be a violation of the sacred rites and Ceremonies of the Church lately decreed concerning this businesse in so much as the King dispatches an Embassage to Pope Paschal with declaration of the right he had to such inuestitures from his predecessors the Kings of England who euermore conferred the same without interruption till now of late Anselme followes after these Ambassadours goes likewise to Rome to make good the opposition The King banishes him the kingdom and takes into his hands the Byshopricke The Pope standes stifly to the power assumed by the Church but in the end seeing the King fast strong and lay too far off out of his way to be constrayned and hauing much to do at that time with the Emperour and other Princes about the same businesse takes the way of perswasion to draw him to his will soliciting him with kinde letters full of protestations to further any designes of his that might concerne his state if he would desist from this proceeding The King prest with some other occasions that held him in and hauing purposes of that nature as by forbearance of the Church might be the better effected consents to satisfie the Popes will and becomes an example to other Princes of yeelding in this case Anselme is re-called after a yeares banishment and the Ambassadors returne with large remunerations Whilst these things were managing at Rome there burst out here a flame which consumed the parties that raised it and brought the king more easily to his ends then otherwise he could euer haue expected Robert de Belesme Earle of Shrewsbury sonne to Roger de Mongomery a fierce youth presuming of his great estate and his friends fortifies his Castles of Shrewsbury Bridgenorth Tickhill and Arundell with some other peeces in Wales belonging to him and combines with the Welch to oppose against the present State out of a desire to set all in combustion for his owne ends that were vncertaine which put the king to much trauaile and charge but within 30. dayes by imploying great forces and terrors mixt with promises he scattered his complices and tooke all his Castles except that of Arundell which rendred vpon condition that the Maister might be permitted to retire safe into Normandy which the king easily granted seeing now he was but the body of a silly naked creature that had lost both feathers and wings And it made well for the king his going thither For from the loosing of his owne estate in England and thereby aduancing the kings reuenues he goes to loose Normandy also and bring it to this Crowne For as soone as he came thither he fastens amitie with one of like condition and fortune as himselfe an exiled man whose insolencie had likewise stript him out of all his estate in England and much wasted that in Normandie which was William Earle of Mortaigne sonne to Robert halfe brother to King William I. Who being also Earle of Cornewall made sute likewise to haue that of Kent Which his vnkle Odon lately held but being denyed it and also euicted by law of certayne other parcels of Land which he claymed retires with great indignation into Normandie where not onely he assaults the Kings Castles but also vsurps vpon the State of Richard the young Earle of Chester then the Kings warde These two Earles combine themselues and with their adherents committed many outragious actions to the great spoyle and displeasure of the Country whereof though they complayned to Duke Robert they found litle remedie For he being now grown poore by his out-lauishing humor began it seemes to be little respected or els falne from action those greatnesses his expectation had shewed him was as commonly great mindes dasht with ill fortunes are falne likewise in spirit and giuen ouer to his ease Whereupon the people of Normandie make their exclamations to the King of England who sendes for his brother Robert reprehendes him for the sufferance of these disorders aduises him to act the parte of a Prince and not a Monke and in conclusion whether by detention of his pension or drawing him being of a facile nature to some act of releasing it sendes him home so much discontented as he ioynes with these mutinous Earles and by their instigation was set into that flame as he raysed all his vtmost forces to be reuenged on his brother The King touched in conscience with the fowlenesse of a fraternall war which the world would take he being the mightier to proceed out of his designes stood doubtfull what do when Pope Pasehall by his letters written with that eloquēce saith Malmesbury wherein he was quicke perswaded him that herein he should not make a ciuill warre but do a noble and memorable benefit to his Country Whereby payde for remitting the inuestitures he held himselfe countenanced in this businesse Whereon now he sets with more alacritie and resolution And after many difficulties and losse of diuers worthy men in a mightie battayle nere the Castle of Tenerchbray his enemies with much a do were all defeited Whereby England wonne Normandie and on the same day by computation wherein 40. yeares before Normandie ouer-came England such are the turnings in affaires of men
And here Robert who stood in a fayre possibility of two Crownes came to be depriued of his Duchy and all he had brought prisoner into England and committed to the Castle of Cardiffe Where to adde to his miserie he had the misfortune of a long life suruiuing after he lost himselfe 26. yeares whereof the most parte he saw not hauing his eyes put out whereby he was onely left to his thoughts a punishment barbarously inflicted on him for attempting an escape He was a Prince that gaue out to the world very few notes of his ill but many of his noblenesse and valour especially in his great voyage where he had the second command and was in election to haue bene the first preferred to the Crowne of Ierusalem and missed it hardly Onely the disobedience in his youth shewed to his father which yet might proceed from a rough hand borne ouer him and the animation of others rather then his owne nature set a stayne vpon him and then his profusion which some would haue liberalitie shewed his impotencie and put him into those courses that ouerthrew him All the reuenues of his Duchie which should serue for his maintenance he sold or ingaged and was vpon passing the Cittie of Roan to the Citizens Which made him held vnfit for the gouernment and gaue occasion to his brother to quarrell with him And thus came Henry freed from this feare and absolute Duke of Normandie had many yeares of quiet gathered great treasure and intertayned good intelligence with the neighbour Princes Scotland by his Match and doing their Princes good he held from doing him hurte clearing them from vsurpations Wales though vnder his title yet not subiection gaue him some exercise of action which he ordred with great wisedome First he planted with in the bodie of that Country a Colonie of Flemings who at that time much pestred this kingdome being admitted here in the raigne of King William 1. marrying their Country woman and vsing their helpe in the action of England where they daylie increased in such sorte as gaue great displeasure to the people But by this meanes both that greuance was eased and the vse of them made profitable to the State for being so great a number and a strong people they made roome for themselues held it in that sorte as they kept the Welsh all about them in very good awe Besides the King tooke for Ostages the chiefe mens sonnes of the Country and hereby quieted it For France he stood secure so long as Phillip 1. liued who wholy giuen ouer to his ease and luxurie was not for other attempts out of that course but his sonne he was to looke vnto whensoeuer he came to that Crowne With the Earle of Flanders he had some debate but it was onely in words and vpon this occasion King William the first in retribution of the good his father in law Baldâ—â—in 5. had done by aiding him in the action of England gaue him yearely 300 markes and likewise continued it to his sonne after him Now Robert Earle of Flanders of a collaterall line returning emptie from the holy warres and finding this summe paid out of England to his predecessors demaundes the same of king Henry as his due who not easie to part with money sends him word that it was not the custome of the kings of England to pay tribute If they gaue pensions they were temporanie and according to desert Which answer so much displeased the Earle that though himselfe liued not to show his hatred yet his sonne did and aided afterward William the sonne of Robert Curtoys in his attempts for recouerie of the Duchie of Normandy against king Henry Thus stood this king in the first part of his raigne in the other he had more to do abroad then at home where he had by his excellent wisedome so setled the gouernment as it held a steady course without in interruption all his time But now Lewis le Gros succeeding his father Philip the first gaue him warning to looke to his State of Normandy and for that he would not attend a quarrell he makes one taking occasion about the Cittie of Gisors scituate on the riuer Epre in the confines of Normandy whilst Louys was trauailed with a stubborne Nobility presuming vpon their Franchises within their owne Signories whereof there were many at that time about Paris as the Contes of Crecy Pissaux Dammartin Champagne and others who by example and emulation would bee absolute Lords without awe of a maister putting themselues vnder the protection of Henry who beeing neere to assist them fostred those humors which in sicke bodies most shew themselues But after Louys by yeares gathering strength dissolued that compact and made his meanes the more by their confiscations Now to entertaine these two great Princes in worke the quarrell betweene the Pope and the Emperour ministred fresh occasion The Emperour Henry 5. hauing by the Popes instigation banded against his father Henry 4. who associated him in the Empire and held him prisoner in that distresse as he died toucht afterward with remorse of this act and reproach of the State for abandoning the rights of the Empire leuies sixtie thousand foote and thirtie thousand horse for Italy constraines the Pope his Colledge to acknowledge the rights of the Empire in that forme as Leo 4. had done to Otho 2. and before that Adrian to Charlemaigne according to the decree of the Councell of Rome and made him take his Oath of fidelitie betweene his hands as to the true and lawfull Emperour The Pope so soone as Henry was departed home assembles a Councell nullifies this acknowledgment as done by force and shortly after deceased The Emperour to make himselfe the stronger against his successor enters into aliance with the King of England takes to wife his daughter Maud being but fiue yeares of age After this Calixte sonne of the Conte de Borgogne comming to bee Pope and beeing French to their great applause assembles a Councell at Reimes where by Ecclesiasticall sentence Henry 5. is declared enemy of the Church and degraded of his Imperiall dignitie The King of England seeing this Councell was held in France composed chiefly of the Galicane Church desirous to ouer-maister Louys incenses his sonne in law the Emperour stung with this disgrace to set vpon him as the Popes chiefe piller on one side and hee would assaile him on the other The Emperour easily wrought to such a businesse prepares all his best forces the King of England doth the like The King of France seeing this storme comming so impetuously vpon him wrought so with the Princes of Germany as they weighing the future mischife of a warre vndertaken in a heare with the importance of a kinde neighbourhood aduise the Emperour not to enter there into till hee had signified to the King of France the causes of his discontent Where upon an Embassage is dispatched the King of France answeres that hee grieued much to
surnamed Atheling to say the noble Edgar either by reason of his youth which yet was no barre to his right or being borne and bred a stranger little knowing or knowne to the kingdome had his claime neglected vpon the death of this pious king ANd Harald sonne to the Earle Godwin the next day after was preferredto the Crowne whether by any title he might pretend from the Danicque kings as discended from that nation and as some report sonne to Githa sister to Swayne or by meere election of the greater part of the Nobilitie we cannot say but it seemes the pressing necessitie of the time that required a more man to vndergo the burthen of warre and that trouble the world was like to fall into by reason of the claimes now made both by the Dane and Norman cast it suddenly vpon him as the most eminent man of the kingdome both by the experience of his owne deseruings and the strength of his alliance Neither did he faile but in fortune to make good this election taking all the best courses both for the well-ordering of the State and all prouisions for defence that a politicke and actiue Prince could do But being to deale in a broken world where the affections of men were all disioynted or dasht with the terror of an approching mischiefe failing as vsually is seene in these publicke feares both in their diligence and courage to withstand it soonefound more then enough to do And the first man which began to disturbe his new gouernment was his owne yonger brother Toustayne who in the time of the late king Edward hauing the gouernment of Northumberland was for his pride and immanities shewed in those parts banished the kingdome and now by reason of his former conceiued hatred against his brother easily set on by the Duke of Normandie and Baldouin Earle of Flanders whose two daughters the Duke and he had maried assailes first the Isle of Wight and after sets vpon the coast of Kent whence he was chased by the power of Harald and forced to withdraw into the North parts and there seeking to land was likewise repulsed by the Earles Morchar and Edwyn whose sister Harald had maried Then craues he aide of the Scots and after of Harald surnamed Harfager king of Norwey being then taking in the Orchades and exercising piracie in those parts whom he induced with all his forces to inuade England And landing at Tinmouth discomfeiting their first incounters they marched into the heart of the kingdome without resistance Neere Stamford king Harald of England met them with a puissant armie and after long and eager fight ended the day with victory and the death of his brother Toustayne and the king of Norwey But from hence was he called with his wearied and broken forces to a more fatall businesse in the South For now William Duke of Normandie pretending a right to the Crowne of England by the testament of the late king Edward his kinsman vpon the aduantage of a busie time and the disfurnishment of those parts landed at Pemsey not farre from Hastings in Sussex neere to which place was tried by the great Assize of Gods iudgement in battell the right of power betweene the English and Norman Nation A battaile the most memorable of all other and howsoeuer miserably lost yet most nobly fought on the part of England and the many wounds of Harald there slaine with the heapes of thousands of the English shew how much was wrought to haue sau'd their country from the calamitie of forraine seruitude And yet how so great a kingdome as England then was could with one blow be subdued by so small a prouince as Normandy in such sort as it could neuer after come to make any generall head against the Conquerour might seeme strange did not the circumstances fore-noted and other concurrent causes in the next booke to be declared giue vs faire and probable reason thereof Besides the indisposition of a diseased time as it is described by such as liued neerest it may giue vs great euidence in this examination For they say the people of this kingdome were by their being secure from their former enemy the Dane and their long peace which had held in a manner from the death of king Edmond Ironside almost 50 yeares growne neglectiue of armes and generally debaushed with luxurie and idlenesse the Cleargie licentious and onely content with a tumultuary learning The Nobility giuen to gluttony venery and oppression the common sort to drunkennesse and all disorder And they say that in the last action of Harald at Stamford the brauest men perished and himselfe growing insolent vpon the victorie retaining the spoyles without distribution to his souldiers not inured to be commanded by martiall discipline made them discontent and vnruly and comming to this battell with many mercinary men and a discontented Army gaue great occasion to the lamentable losse thereof Besides the Normans had a peculiar fight with long bowes wherewith the English then altogether vnacquainted were especially ouerthrowne And yet their owne Writers report how the maine battallion of the English consisting of Bils their chiefe and antient weapon held in a body so close lockt together as no force could dissolue them till the Normans faining to fly drew them to a disordered pursuite And so they excuse the fortune of the day And thus my noble Lord haue I in the streightest course the vneuen compasse of Antiquitie could direct me got ouer the wide and intricate passage of those times that lay beyond the worke I purpose more particularly to deliuer The end of the first Booke THE SECOND BOOKE of the Historie of England The life of William 1. I Come now my noble Lord of Rochester to write of a time wherin the State of England receiued an alteration of lawes customes fashion manner of liuing language writing with new formes of fights fortifications buildings and generally an innouation in most thinges but Religion So that from this mutation which was the greatest it euer had wee are to beginne with a new accompt of an England more in dominion abroade more in State and ability at home and of more honour and name in the world then heretofore which by being thus vndone was made as if it were in her fate to get more by her losses then her better fortunes For as first the conquest of the Danes brought her to the intyrest Gouernment shee euer possest at home and made her most redoubted of all the kingdomes of the North so did this of the Norman by comming in vpon her make a way to let her out and stretch her mightie armes ouer the Seas into the goodly Prouinces of the South For before these times the English nation from their first establishment in this Land about the space of 500 yeares neuer made any sally out of the Isle vpon any other part of the world but busied at home in a deuided State held a broken gouernment with the Danes
other vpon proofe of an intention was banished and their estates seized the Earldome of Mortaigne hee gaue to Robert that of Eu to Odo after Byshop of Bayeux both his brethren by the mother These assaults from abroade these skornes conspiracies and vnder-workings at home hee passed before he was full 22 yeares of age and thus his enemies made him that sought to vndoe him But now more to vnderset and strengthen his State against future practises hee conuokes an assemblie of his Prelates Barons and Gentlemen causing them to receiue their oath of fealtie and raze their castels which done he married Matilde the daughter of Baldouin 5. Earle of Flaunders but not without contrast and trouble for his vncle Mauger Arch-byshope of Roan excommunicates him for matching within the forbidden degrees of kindred shee being daughter to Elinor daughter to Richard the. 2. and so his fathers sisters daughter To expiate for which offence vpō a dispensation from Pope Victor they were enioyned the building of certaine Hospitals for blind people and two Abbeyes the one for men the other for women which were erected at Caen. This match and the ouer-matching his enemies set him so high a marke of enuie in the eye of France which naturally loued not the Normans whom in reproach they vsually called Trewans as they easilie incensed their King who of himselfe was forward enoughe to abate a power growne so out of proportion with the rest of the Princes of his dominions to finde a quarrell which confiners easily do to set vpon him and to make it looke the fairer pretendes to correct the insolencies of the Normans committed on his territories and to releiue Count Martel opprest by the Duke besides alleadging it concern'd him in honor and iustice to haue that Prouince which held of his Crowne to be gouerned by a Prince of lawfull bloud according to Christian order and lawes Ecclesiasticall and therefore resolueth vtterly to exterminate the Duke and establish a legittimate Prince in the Duchie For which effect two armies are gathered from all parts of his kingdome the one sent along the ryuer Sein the other into the Country of Bessin as meaning to incompasse him The Duke likewise deuides his forces into 2. parts sendes his brother Odo Earle of Eu Walter Guifford Earle of Longueuill and others with the one to the Countrie of Caux himselfe with the other takes towardes Eureux to make head to the King that was at Mante and withdrawes all cattle and prouisions out of the flat Countrie into Cities and Fortresses for their owne store and disfurnishment of the enemie The Kings army marching from Beauuois to Mortimer and finding there a fat country full of all prouisions betooke them to make good cheere and restes there all that night thinking the Norman forces were yet with the Duke at Eureux which the army in Caux conducted by Odo vnderstanding marched all night and by breake of day gaue them so hot an alarme and so sodayne as put them all in roat leauing horse and armour and all to the assaylants who made such a distruction of them as of 40. thousand not the fourth part escaped With this deseiture the King of France is againe returned home with great rage and greife and the Duke with the redemption of the prisoners recouers his peace and the Castle of Thuilliers taken from him in his vnder-age Cont Martell though much difmayd with the Kings ouerthrow yet leaues not to make some attempts for the recouering his Townes but with no successe The Duke he saw was too well beloued and followed for him to doe any good without a stronger arme Wherefore the next spring he goes againe to importune the King of France to aide him against the Duke who he said was now growne so insolent vpon this peace and the victorie he had stolne and not wonne that there was no liuing for his neighbors neere him besides the Normans had the French in such derision and base esteeme as they made their act at Mortimer their onely sport and the subiect of their rimes as if a King of France vpon the losse of a few men was retyred and durst not breake a dishonorable peace With which instigation and being stung with the touch of reproach he raises another Army far mightier then before wherin were three Dukes and twelue Earles and notwithstanding the sollemne peace made and so lately sworne with the Duke hee enters Normandie in the haruest time ouerrunnes and spoyles all the Countrie along the Coast to Bessin from whence marching to Bayeux and Caen with purpose to passe the ryuer Diue at Varneuille to destroy the Countries of Auge Liseux and Roumoys euen to Roan and finding the case-way long and the bridge narrow caused his vantguard to passe ouer first and to secure his Arierguard conducted by the Duke of Berry himselfe stayes behind in Caen till his people and their carriages were passed Duke William who all this while stores his fortresses with men and victuall makes himselfe as strong in the Towne of Falaise as he could hath no army in the feild but a running campe to be readie to take all aduantages le ts the fury of the storme spend it selfe and hauing aduertisement of this passage marched all night with 10. thousand men and in the morning early sets vpon the Arrierguard with so sudayne a cry and fury as they who were before on the Case-way hearing this noise behinde thrust forward their fellowes hasting to get ouer the bridge with such a crowd and preasse as they brake it many were drownd in the riuer They who were gotten ouer could not returne to aide the rest nor the King by reason of the Marishes on both sides yeeld any succour to his people but stood a spectator of their slaughter and the taking of sixe of his Earles of whom one was the exiled Earle of Eu whom the King fauouring his great worth had made Conte De Soissons The griefe of this ouerthrow shortly after gaue the King of France his death and the Duke of Normandy a ioyfull peace which hee nobly imployed in the ordering and adorning his State building endowing and decking Monasteries Churches gathering reliques from all parts to furnish his Abbeyes at Caen where he also erected a Tombe for himselfe and his wife feasting and rewarding his Nobles and men of worth whereby he so possest him of the hearts of all his people generally as they were entirely his for what he would During this calme of his life hee makes a iourney ouer into England as if to visite King Edward his kinsman who in regard of the preseruation and breeding hee had in Normandy by Duke Richard the second Grandfather to them both gaue him most royall entertainement And here hee shewed himselfe and here no doubt hee found matter for his hopes to worke on In this enterview hee discouered England being to bee presupposed hee came not to gather cockle-shels on the shore Nor was it long after
England but a collected power out of all France and Flanders with the aydes of other Princes And by these meanes made he good his vndertaking and within eight monethes was readie furnished with a powrefull army at Sainct Valerie in Normandie whence he transported the same into England in 896. ships as some write And this was the man and thus made to subdue England And now hauing gotten the great and difficult battaille before remembred at Hastings the fourtenth of October 1066. he marched without any opposition to London where Edwin and Morchar Earles of Northumberland and Mercland brothers of eminent dignitie and respect in the kingdome had laboured with all their power to stirre the harts of the people for the conseruation of the State and establishing Edgar Atheling the next of the Royall issue in his right of the Crowne whereunto other of the Nobilitie had likewise consented had they not seene the Byshops auerse or wauering For asthen to the Clergie any King so a Christian was all one they had their Prouince a parte deuided from secular domination and of a Prince though a stranger who had taken vp so much of the world before hand vpon credite and fame of his piety and bountie they could not but presume well for their estate and so were content to giue way to the present Fortune The Nobilitie considering they were so borne and must haue a King not to take him that was of power to make himselfe would shew more of passion then prouidence and to be now behinde hand to receiue with more then submission was as if to withstand which with the distrust of each others faith made them stryue and runne headlong who should be first to pre-occupate the grace of seruitude and intrude them into forrayne subiection The Commons like a strong vessell that might haue beene for good vse was heereby left without a sterne and could not moue but irregularly So that all estates in generall either corrupted with new hopes or transported with feare forsooke themselues and their distressed Countrie Vpon his approach to London the gates were all set open the Archbyshope of Canterburie Stigand with other Byshops the Nobilitie Magistrates and people rendring themselues in all obedience vnto him and he returning plausible protestations of his future gouernment was on Christmas day then next following crowned King of England at Westminister by Aldred Arch-byshop of Yorke for that Stigand was not held canonically inuested in his Sea and yet thought to haue beene a forward mouer of this alteration Heere according to the accustomed forme at his Coronation the Byshops and Barons of the Realme tooke their oath to be his true and loyall subiects and he reciprocally being required thereunto by the Arch-byshope of Yorke made his personall oth before the Altar of Saint Peter to defend the holy Churches of God and the Rectors of the same to gouerne the Vniuersall people subiect vnto him iustly to establish equall lawes and to see them ducly executed Nor did he euer clayme any power by conquest but as a regular Prince submitted himselfe to the orders of the kingdome desirous rather to haue his Testamentarie title howsoeuer weake to make good his succession rather then his sword And though the Stile of Conquerer by the flatterie of the time was after giuen him he shewed by all the course of his gouernment he assumed it not introducing none of all those alterations which followed by violence but a milde gathering vpon the disposition of the State and the occasions offered and that by way of reformation And now taking hostages for his more securitie and order for the defence and gouernment of his kingdome at the opening of the spring next he returnes into Normandie so to settle his affaires there as they might not distract him from his businesse in England that required his whole powers And to leaue here all sure behind him he commits the rule of the kingdome to his brother the Bishop of Bayeux and to his cosin Fitz Auber whom he had made Earle of Hereford taking with him all the chiefe men of England who were likest to be heads to a reuolt As Edger Atheling the Arch-bishop Stigand lately discontented Edwyn and Morchar with many other Bishops and Noble men Besides to vnburthen his charge and dis-impester his Court he tooke backe with him all the French aduenturers and such as were vnnecessary men rewarding them as farre as his treasure would extend and the rest he made vp in faire promises In his absence which was all that whole sommer nothing was here attempted against him but onely that Edric surnamed the Forrester in the County of Hereford called in the kings of the Welsh to his aide and forraged only the remote borders of that country The rest of the kingdome stood quiet expecting what would become of that new world wherein as yet they found no great alteration their lawes and liberties remaining the same they were before and might hope by this accession of a new Prouince the state of England would be but inlarged in dominion abroad and not impaired in profit at home by reason the nation was but small and of a plentifull and not ouer-peopled country likely to impester them Hauing disposed his affaires of Normandy he returnes towards winter into England where he was to satisfie three sorts of men first such aduenturers with whom he had not yet cleered Secondly those of his owne people whose merits or neernesse looked for recompence whereof the number beeing so great many must haue their expectations fed if not satisfied Thirdly the people of this kingdome by whom he must now subsist for being not able with his owne nation so to impeople the same as to hold and defend it if he should proceed to an extirpation of the naturall inhabitants he was likewise to giue them satisfaction Wherein he had more to do then in his battell at Hastings seeing all remunerations with supplies of money must be raised out of the stocke of the kingdome which could not but be irkesome to the State in generall and all preferments and dignities conferd on his to be either by vacancies or displacing others which must needs breed very feeling grieuances in perticular And yet we finde no great men thrust out of their roomes but such as put themselues out by reuolting after his establishment and their fealtie giuen So that it seemes he contented himselfe and his for the time onely with what he found here ready and with filling vp their places who were slaine in the battell or fled as many were with the sonnes of Harald out of the kingdome Such Gentlemen as he could not presently preferre and had a purpose to aduance he dispersed abroad into Abbeys there to liue till places fell out for them and 24 he sent to the Abby of Eley whereby he not onely lessened the multitude of attendants and suitors at Court eased that eye-sore of strangers but also had them a watch ouer the