a firme countenance but words well tempered with modestie and respect they demanded of him the vse of their ancient Liberties and Lawes that in other matters they would yeeld obedience vnto him that without this they desired not to liue The King was content to strike saile to the storme and to giue them a vaine satisfaction for the present knowing right well that the generall customes Lawes of the residue of the Realme would in short time ouerflow these particular places So pledges being giuen on both sides they conducted him to Rochester and yeelded the Countie of Kent and the Castle of Douer into his power In former times many Farmes and Mannors were giuen by bare word without writing onely with the sword of the Lord or his head-peece with a horne or standing goblet and many tenements with a quill with a horse-combe with a bow with an arrow but this sincere simplicitie at that time was changed And whereas Charters and deeds were before made firme by the subscription of the partie with crosses of gold or of some other colour then they were firmed by the parties speciall Seale set vpon waxe vnder the Teste of three or foure witnesses He ordained also his counsaile of State his Chancery his Exchequer his Courts of Iustice which alwaies remoued with his Court These places he furnished with Officers and assigned foure Termes in the yere for determining controuersies among the people whereas before all suites were summarily heard and determined in the Gemote or monthly conuention in euery hundred without either formalities or delay He caused the whole Realme to be described in a censuall Roll so as there was not one Hide of land but both the yerely rent and the owner thereof was therein set downe how many plowlands what pastures fennes or marishes what woods parkes farmes and tenements were in euery shire and what euery one was worth Also how many villaines euery man had what beasts or cattell what fees what other goods what rent or commoditie his possessions did yeeld This booke was called The Roll of Winton because it was kept in the Citie of Winchester By the English it was called Doomes day booke either by reason of the generalitie thereof or else corruptly in stead of Domus Dei booke for that it was layed in the Church of Winchester in a place called Domus Dei According to this Roll taxations were imposed sometimes two shillings and sometimes sixe shillings vpon euery hide of land a hide conteyning 20. acres besides ordinarie prouision for his house In all those lands which hee gaue to any man he reserued Dominion in chiefe to himselfe for acknowledgement whereof a yeerely rent was payd vnto him and likewise a fine whensoeuer the Tenant did alien or die These were bound as Clients vnto him by oath of fidelitie and homage And if any died his heire being in minoritie the King receiued the profits of the land and had the custodie and disposing of the heires body vntill his age of one and twentie yeeres It is reported of Caligula that when he entended to make aduantage of his penal Edicts he caused them to be written in so small letters and the tables of them to be fastened so high that it was almost impossible for any man to read them So the King caused part of those Lawes that he established to be written in the Norman language which was a barbarous and broken French not well vnderstood of the naturall French and not at all of the vulgar English The residue were not written at all but left almost arbitrarie to be determined by reason and discretion at large Hereupon it followed partly through ignorance of the people and partly through the malice of some officers of Iustice who many times are instruments of secret and particular ends that many were extreamely intangled many endangered many rather made away then iustly executed But here it may be questioned seeing these Lawes were layed vpon the English as fetters about their feet as a ponderous yoke vpon their necke to depresse and deteine them in sure subiection how it falleth that afterward they became not onely tolerable but acceptable and well esteemed Assuredly these lawes were exceeding harsh and heauy to the English at the first And therefore K. William Rufus and Henry the first at such time as Robert their eldest brother came in armes against them to challenge the crowne being desirous to winne the fauour of the people did fill them with faire promises to abrogate the lawes of K. William their father and to restore to them the Lawes of K. Edward The like was done by K. Stephen and by K. Henry the second whilest both contending to draw the State to himselfe they did most grieuously teare it in pieces The like by others of the first Kings of the Norman race whensoeuer they were willing to giue contentment to the people who desired no other reward for all their aduentures and labours for al their blood spent in the seruice of their Kings but to haue the Lawes of K. Edward restored At the last the Nobilitie of the Realme with great dispence both of their estates and blood purchased a Charter of libertie First from K. Iohn which was soone reuoked as violently enforced from him afterwards from King Henry the third which remained in force And hereby the sharpe seuerity of these lawes was much abated In that afterwards they become not onely tolerable but easie and sweete and happily not fit to bee changed it is by force of long grounded custome whereby those vsages which our ancestors haue obserued for many ages do neuer seeme either grieuous or odious to bee endured So Nicetas writing of certaine Christians who by long conuersing with the Turkes had defiled themselues with Turkish fashions Custome saith he winneth such strength by time that it is more firme then either Nature or Religion Hereupon Dio. Chrysostome compareth Customes to a King and Edicts to a Tyrant because we are subiect voluntarily to the one but vpon constraint and vpon necessitie to the other It is manifest saith Agathias that vnder whatsoeuer law a people hath liued they doe esteeme the same most excellent and diuine Herodotus reporteth that Darius the sonne of Hysdaspis hauing vnder his Dominion certaine Grecians of Asia who accustomed to burne their dead parents and friends and certaine nations of India who vsed to eate them called the Grecians before him and told them that it was his pleasure that they should conforme themselues to the custome of the Indians in eating their deceased friends But they applied all meanes of intreatie and perswasion that they might not be inforced to such a barbarous or rather brutish obseruation Then hee sent for the Indians and mooued them to conformitie with the Grecians but found that they did farre more abhorre to burne their dead then the Grecians did to eate them Now these seuerities of the King were much aggrauated by the English and
esteemed not farre short of cruelties Not withstanding hee tempered it with many admirable actions both of iustice and of clemencie and mercie for which hee is much extolled by the Normane writers Hee gaue great priuiledges to many places the better to giue the people contentment and to hold them quiet he often times renued the oath which first he tooke at his Coronation namely to defend the holy Church of God the pastors thereof and the people subiect to him iustly to gouerne to ordaine good lawes and obserue true iustice and to the vttermost of his power to withstand all rapines and false Iudgements Such of the nobilitie as had been taken in rebellion were onely committed to prison from which they were released in time such as yeelded and submitted themselues were freely pardoned and often times receiued to fauour trust and imploymemt Edric the first that rebelled after hee was King he held neere and assured vnto him Gospatric who had been a stirrer of great commotions he made Earle of Glocester and employed him against Malcolme King of Scots Eustace Earle of Boline who vpon occasion of the Kings first absence in Normandie attempted to surprize the Castle of Douer he imbraced afterward with great shew of loue and respect Waltheof sonne to Earle Siward who in defending the Citie of Yorke against him had slaine many Normans as they assayed to enter a breach hee ioyned in marriage to his Neece Iudeth Edgar who was the ground and hope of all conspiracies who after his first submission to the King fled into Scotland and maintained open hostilitie against him who pretended title to the Crowne as next heire to the Saxon Kings he not onely receiued to fauour but honoured with faire enterteinments Hee furnished him to the warre of Palestine where he atteined an honourable estimation with the Emperours of Almaine and of Greece After his returne he was allowed 20. shillings a day by way of pension and large liuings in the Countrey where he mellowed to old age in pleasure and vacancie of affaires preferring safe subiection before ambitious rule accompanied both with danger and disquiet Thus was no man more milde to a relenting and vanquished enemie as farre from crueltie as he was from cowardice the height of his spirit ouerlooking all casuall all doubtfull and vncertaine dangers Other great offenders he punished commonly by exile or imprisonment seldome by death Onely among the English Nobilitie Earle Waltheof was put to death for that after twice breaking allegiance he conspired the third time with diuers both English and Normans to receiue the Danes into England whilest the King was absent in Normandie And for the same conspiracie Ralph Fitz-aubert a Norman was also executed who had furnished 40. ships for the King in his voiage for England for which and for his other seruices in that warre he was afterward created Earle of Hereford But present iniuries doe alwayes ouerballance benefits that are past He much delighted in hunting and in feasting For the first he enclosed many forrests and parks and filled them with Deere which he so deerely loued that he ordained great penalties for such as should kill those or any other beasts of game For the second hee made many sumptuous feasts especially vpon the high Festiuall dayes in the yeere His Christmasse hee often kept at Glocester his Easter at Winchester his Whitsontide at Westminster and was crowned once in the yeere at one of these places so long as he continued in England To these feasts he inuited all his Nobilitie and did then principally compose himselfe to courtesie as well in familiar conuersation as in facilitie to grant suits and to giue pardon to such as had offended At other times he was more Maiesticall and seuere and imployed himselfe both to much exercise and great moderation in diet whereby he preserued his body in good state both of health and strength and was easily able to endure trauaile hunger heat cold and all other hardnesse both of labour and of want Many wrongs he would not see of many smarts he would not complaine he was absolute master of himselfe and thereby learned to subdue others He was much commended for chastitie of body by which his Princely actions were much aduanced And albeit the beginning of his reigne was pestered with such routs of outlawes and robbers that the peaceable people could not accompt themselues in surety within their owne doores hee so well prouided for execution of Iustice vpon offenders or rather for cutting off the causes of offence that a yong maiden well charged with gold might trauaile in any part of the Realme without any offer of iniurie vnto her For if any man had slaine another vpon any cause he was put to death and if he could not be found the hundred paide a fine to the King sometimes 28. and sometimes 36. pounds according to the largenesse of the hundred in extent If a man had oppressed any woman he was depriued of his priuie parts As the people by Armes so Armes by lawes were held in restraint He talked little and bragged lesse a most assured performer of his word In prosecution of his purposes constant and strong and yet not obstinate but alwayes appliable to the change of occasions earnest yea violent both to resist his enemies and to exact dueties of his Subiects He neither loued much speech nor gaue credite to faire but trusted truely to himselfe to others so farre as he might not be abused by credulitie His expedition the spirit of actions and affaires may hereby appeare He inuaded England about the beginning of October He subdued all resistance he suppressed all rising Rebellions and returned into Normandy in March following So as the time of the yeere considered a man should hardly trauaile through the land in so short a time as he did win it A greater exploit then Iulius Caesar or any other stranger could euer atchieue vpon that place He gaue many testimonies of a Religious minde For he did often frequent Diuine seruice in the Church he gaue much Almes hee held the Clergie in great estimation and highly honoured the Prelats of the Church He sent many costly ornaments many rich presents of gold and siluer to the Church of Rome his Peter paiments went more readily more largely then euer before To diuers Churches in France after his victorie he sent Crosses of gold vessels of gold rich Palles or other ornaments of great beautie and price He bare such reuerence to Lanfranck Archbishop of Canterburie that he seemed to stand at his directions At the request of Wolstane Bishop of Worcester he gaue ouer a great aduantage that he made by sale of prisoners taken in Ireland He respected Aldred Archbishop of Yorke by whom he had bene crowned King of England as his father At a time vpon the repulse of a certaine suit the Archbishop brake forth into discontentment expostulated sharpely against the King and in a humorous heat offered to depart
a kingdome because as S. Hierome writeth A kingdome is due vnto the first borne and as S. Chrysostome saith The first borne is to bee esteemed more honourable then therest whereupon diuers Lawyers obserue that the word Senior is often times taken for a Lord. Lastly because this precedencie both in honour and in right seemeth to be the Law of all nations deriued from the Law of Nature and expresly either instituted or approoued by the voice of God First where he said to Cain of his yonger brother Abel His desires shall be subiect to thee and thou shalt haue dominion ouer him Secondly where he forbiddeth the father to disinherite the first sonne of his double portion because by right of birth it is due vnto him Lastly where hee maketh choice of the first borne to be sanctified and consecrated to himselfe it hath almost neuer happened that this order hath been broken that the neerest haue bene excluded from Succession in State but it hath been followed with tragicall euents Yea albeit the eldest sonne be vnfit to beare rule albeit hee be vnable to gouerne either others or himselfe as if hee be in a high degree furious or foolish or otherwise defectiue in body or in minde vnlesse he degenerate from humane condition yet can he not therefore be excluded from succession because it is due vnto him not in respect of abilitie but by reason of his prioritie of birth As for the kingdom it shall better be preserued by the gouernment of a Protector as in diuers like causes it is both vsual and fit then by receiuing another Prince as well for other respects as for that by cutting off continuance in the Royall descent by interrupting the setled order of gouernment by making a breach in so high a point of State opportunitie is opened both for domesticall disturbances and for inuasions from abroad whereupon greater inconueniences do vsually ensue then did euer fall by insufficiencie of a Prince For if these pretenses may be allowed for good what aspiring Subiect what encroaching enemy finding themselues furnished with meanes will not be ready to rise into ambitious hopes Gabriel the yonger brother of the house of Saluse kept his eldest brother in prison vsurped his estate giuing foorth to the people that he was mad And seldome hath any vsurpation happened but vpon pretence of insufficiencie in gouernment Assuredly if these principall points of Principalitie be not punctually obserued the ioynts of a State are loosened the foundation is shaken the gates are opened for all disorders to rise vp to rush in to prosper to preuaile Hereupon Medon the eldest sonne of Codrus albeit he was lame and otherwise defectiue was by sentence of the Oracle of Apollo preferred to succeed his father in the kingdome of Athens before Neleus his yonger brother So when Alexandrides King of Sparta lest two sonnes Cleomenes the eldest distracted in wits and Doricus the yongest both able and enclined to all actions of honour the Spartans acknowledged Cleomenes for their King Agisilaus the famous King of Sparta was also lame as Plutarch and Prob. Aemilius do report Orosius saith that the Spartans did rather choose to haue their King halt then their Kingdome And therefore when Lisander moued them to decree that the worthiest and not alwayes the next in blood of the line of Hercules should reigne he found no man to second his aduise Aristobulus and Hircanus after a long and cruel contention for the Kingdome of Iewrie committed their controuersie to the arbitrement of Pompey Hircanus alledged that hee was the eldest brother Aristobulus obiected that Hircanus was insufficient to gouerne but Pompey gaue iudgement for Hircanus The like iudgement did Annibal giue for the kingdome of that Countrey which is now called Sauoy restoring Brancus to his State from which he had bene expelled by his yonger brother And although Phirrus did appoint that sonne to succeed whose sword had the best edge yet was the eldest acknowledged who bare the least reputation for valour Ladislaus King of Hungarie left by his brother Geysa two Nephewes Colomannus the eldest who was lame bunch-backed crab-faced blunt-sighted bleare-eyed a dwarfe a stammerer and which is more a Priest and Almus the yongest a man of comely presence and furnished with many princely vertues In regard of these natural prerogatiues Ladislaus appointed Almus to succeed but in regard of the prerogatiue in blood the Hungarians receiued Colomānus for their King Barbatius writeth that Galeace Duke of Milane did oft times expresse his griefe for that he could not preferre in successiō Philip Maria his yongest sonne before Iohn his eldest for that he seemed the most sufficient to vndertake the manage of the State Girard affirmeth that it hath bene the custome of the French to honour their Kings whatsoeuer they are whether wise or foolish valiant or weake esteeming the name of King to be sacred by whomsoeuer it be borne And therefore they obeyed not only Charles the simple but Charles the sixt also who reigned many yeres in plaine distraction of his mind It was an ancient custome in Scotland that the most sufficient of the blood of Fergusus was receiued for King but such warres murthers and other mischiefes did thereupon ensue that a law was made vnde◅ Kenet the third and afterwards confirmed by Millcolumbus that the nighest in blood should alwayes succeede And accordingly the Scots refused not for their King Iohn the eldest sonne of Robert the second albeit he was borne out of marriage and did halt and was both in wit and in courage dull For what if he who is debarred for disabilitie shall afterward haue a sonne free from all defects It is without question that the right of the Kingdome should deuolue vnto him for that the calamitie of parents doeth not preiudice their children especially in their naturall rights which they may claime from the person of former ancestors But what if another be in possession of the Kingdome will he readily giue place to this right will he readily abandon that honour for which men will not spare to climbe ouer all difficulties to vndergoe all dangers to put their goods their liues their soules in aduenture If a man be once mounted into the chaire of Maiestie it standeth not I will not say with his dignitie but with his safetie to betake himselfe to a priuate State as well for the eternall iealousie wherein he shall be held as for the enuie which shall be borne against him vpon many of his actions So as what some few would not doe for ambition the same they must doe to preserue themselues Hereupon it will follow that the possession of the Kingdome being in one and the right in another disunions factions warres may easily ensue It is inconuenient I grant to be vnder a King who is defectiue in body or in mind but it is a greater
And because the Scots did either see or suspect that hee bare a fauourable affection to the English they would not receiue him for their King but vnder promise that hee should not entertaine any English or Normane either in place of seruice or as a follower at large The yeere next following Duncane was slaine and Dunwald was againe possessed of the kingdom Hereupon King William sent Clito Edgar with an armie into Scotland by whose meanes Dunwald was dispoiled againe of his Kingdome and Edgar sonne to King Malcolme aduanced to his fathers estate These were the principall aduentures by Armes which concerned England during the reigne of K. William the second wherein he so behaued himselfe that he did worthily winne an opinion to be one who both knew and durst In all actions hee esteemed himselfe greatly dishonoured if hee were not both in Armes with the first and with the forwardest in fight doing double seruice as well by example as by direction In which heate of valour the fauour of his Fortune excused many of his attempts from the blame of rashnesse He was oftentimes most constant or rather obstinate in pursuing those purposes which with small deliberation he vndertooke At a certaine time when he was in hunting within the new Forrest he receiued aduertisement that Mans was surprised by Helie Count de la Flesch who pretended title thereto in right of his wife that he was aided in this enterprise by Fouques d' Angiers an ancient enemie to the Dukes of Normandie and that the castle which held good for the King must also be rendered if in very short time it were not relieued Vpon these newes as if he had bene in the heat of a chase he presently turned his horse and his passion not staying to consult with reason in great haste roade towards the Sea And when he was aduised by some to stay a time and take with him such forces as the importance of the seruice did require with a heart resolute and violent voice he answered That they who loued him would not faile to follow and that if no man else would stirre he alone would relieue Mans. When he came to Dortmouth he commanded ships to be brought for his passage The winds were then both contrary and stiffe and the Sea swelled exceeding bigge for which cause the Shipmasters perswaded him to await a more fauourable season and not to cast himselfe vpon the miserable mercie of that storme Notwithstanding the King whose feare was alwayes least when dangers were greatest mounted vpon Shipboard and commanded them to put to Sea affirming That it was no Prince-like mind to breake a iourney for foulenesse of weather and that he neuer heard of any King that had bene drowned And so for that the chiefe point of rescue rested in expedition hee presently committed to Sea taking few with him and leauing order that others should follow After hee had long wrastled with the winds and waues he arriued in France where running on in the humour of his courage and forwardnesse he acquitted himselfe with greater honour then at any time before So effectuall is celeritie for the benefit of a seruice that oftentimes it more auaileth then either multitude or courage of Souldiers In this expedition Helie the principall commander against him was taken And when he was brought to the Kings presence the King said pleasantly vnto him Ah master in faith I haue you now and I hope I shal be able to keepe you in quiet Then he It is true indeed the successe of my attempts haue not bene answerable to the resolution of my minde by meere aduenture now you haue me but if I were at libertie againe I doe better know what I had to doe and would not so easily be hâ—…ld in quiet The King with a braue scorne replied I see thou art but a foolish knaue vnable to vse either thy libertie or thy restreint aright But goe thy wayes make good thy confidence I set thee free and at libertie againe vse thy aduantage and doe thy worst Helie daunted more with this high courage then before he had bin with the victory of the King submitted himselfe and made his peace vnder such conditions as it pleased the King to lay vpon him Certainely this magnanimous example hath seldome bin equalled neuer excelled by those who are admired for the principall worthies of the world He little fauoured flatterers the flies which blow corruption vpon sweetest vertues the myrie dogs of the Court who defile Princes with fawning on them who commonly are fatted with bread which is made with the teares of miserable people He was most firme and assured in his word and to those who did otherwise aduise him he would say That God did stand obliged by his word He is commended for his manly mercie in releasing prisoners and in pardoning offences of highest qualitie which to a people that then liued vnder a Law both rigorous and almost arbitrarie and as well for the noueltie as for the vncertaintie thereof in a manner vnknowne was a most high valued vertue He not onely pardoned many great offenders but partly by gifts and partly by aduancements he knit them most assuredly vnto him And therefore although in the beginning of his reigne most of the Nobilitie and many Gentlemen of best quality and rancks endeuoured to displace him and to set vp Robert his elder brother for their King yet doeth it not appeare either that any seueritie was executed vpon them or that afterward they were dangerous vnto him Notwithstanding in some actions he was noted of crueltie or at the least of sharpnesse and seuerity in iustice For albeit hee promised to the English whilest his first feares and iealousies continued that they should enioy free libertie of hunting yet did hee afterwards so seuerely restraine it that the penalty for killing a Deere was death Robert Mowbray Earle of Northumberland after he had defeated the Scots and slaine Malcolme their King not finding himselfe either honoured or respected according to his seruice first refrained and afterwards refused to come vnto the Court Hereupon the King ouerruled indifferently with suspition and hate two violent passions in minds placed in authoritie sent his brother Henry with an armie against him who spoyled the Countrey tooke the Earle and committed him to prison Then was hee charged with diuers crimes which were sufficient although but surmised to vndoe an Innocent Many examinations were also made but for appearance onely and terrour not to any bottome or depth The especiall matter obiected against him was for contriuing to despoyle the King both of life and state and to set vp Stephen Albamerle his Aunts sonne for King And thus it often happeneth that great deserts are occasions to men of their destruction either because Princes generally loue not those to whom they are exceedingly beholding or else for that thereby men doe grow proud insolent disdainefull bould immoderate both in expectation and demand discontented impatient if they