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
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
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
to haue the precedence but vpon most secure cautions The Archbishop of Canterbury and the Legate vndertooke to yeeld themselues prisoners for him if the King released him not according to his promise But that would not serue the turne till they both had written their Briefes to the Pope to intimate the course that was taken herein and deliuered the same vnto him vnder their hands and seales So that if the King should as he might not care to hold the Bishops in prison yet the Pope if hard measure were offred might relieue him Which shewes the aduantage of credit in the businesse lay on this side and the king was to haue his fetters though at liberty The Queene and Eustace her sonne the Prince vpon the inlargement of Stephan remaine pledges in the Castle of Bristow till the Earle were released which was done vpon the kings comming to Winchester Where the Earle in familiar conference was by all are possible solicited to forsake the partie of Maude with promise of all preferments of honour and estate but nothing could moue him being fixt to his courses rather would he haue beene content to remaine a perpetuall prisoner then that Stephan should haue bene released had not his sister wrought him to this conclusion The Legat after this calls a Councell at London where the Popes letters written vnto him are openly read which argue him but mildly of some neglect of his brothers releasing and exhort him to vse all meanes Ecclesiasticall and Secular to set him at libertie The King himselfe came into the Councell complaines how his subiects to whom hee had neuer denied Iustice had taken him and reproachfully afflicted him euen to death The Legate with great cloquence labours to excuse his owne courses alledging How he receiued not the Empresse by his will but necessitie that presently vpon the kings ouerthrowe whilest the Lords were either fled or stood in suspence attending the euent she and her people came thundring to the walles of Winchester and that what pact soeuer he had made with her for the right of the Church she obstinately brake all besides he was certainely informed that she and hers had plotted both against his dignitie and life But God in his mercy contrary to her desire had turnd the businesse so as he escaped the danger and his brother was deliuered out of bands And therefore he from the part of God and the Pope willed them with all their vtmost power to aide the King annointed by the consent of the People and the Sea Apostolique and to Excommunicate all the disturbers of the peace that fauoured the Countesse of Aniou There was in the Councell a Lay Agent for the Empresse who openly charged the Legat That in respect of the faith he had giuen the Empresse to passe no act there preiudiciall to her Honour hauing sworne vnto her neuer to aide his brother with aboue twentie Souldiers that her comming into England was upon his often Letters unto her and his cause it was that the King was taken and held prisoner This and much more sayd the Agent with great austerity of words wherewith the Legat seemed not to be moued at all nor would stoope to reply Both parts thus set at libertie were left to worke for themselues holding the State broken betweene them and no meanes made to interpose any barre to keepe them asunder Their borders lay euery where and then the ingagements of their Partakers who looke all to be sauers or to recouer their stakes when they were lost which makes them neuer giue ouer entertaine the contention But the best was they were rather troubles then warres and cost more labour then bloud Euery one fought with Bucklers and seldome came to the sharpe in the field which would soone haue ended the businesse Some few moneths after these inlargements stood both sides at some rest but not idle casting how to compasse their ends The Empresse at the Vies with her Councell resolues to send ouer her brother into Normandy to solicit her husband the Earle of Aniou to come to aide her with forces from thence Her brother the better to secure her in his absence setles her in the Castle of Oxford well furnished for all assaults and takes with him the sonnes of the especiall men about her as pledges to hold them to their fidelity Stephan seekes to stop the Earles passage but could not and then layes siege to the Castle of Oxford which held him all the time the Earle was abroad Geffrey Earle of Aniou desirous rather to haue Normandie where of in this meane time he had attained the most part and in possibility of the rest then to aduenture for England which lay in danger refused to come in person but sends some small aide and his eldest sonne Henry being then but eleuen yeares of age that he might looke vpon England and be shewed to the people to try if that would moue them to a consideration of his right which proued of more effect then an Army The Earle of Glocester safely returning makes towards Oxford to releiue the Empresse who had secretly conueyed her selfe disguised out at a posterne gate onely with foure persons got ouer the Thames passed a foot to Abington and from thence conuayd to Wallingford where her brother and sonne met her to her more comfort after hard distresses Stephan seeing his enemy thus supplied and like to grow labors to winne frendes but mony fayles which made diuers of his Lords and especially his mercinaries whereof he had many out of Flanders to fall to the rifling of Abbayes which was of dangerous consequence And for Armies there was no meanes onely about Castles with small powers lay all the businesse of these times and they being so many were to small effect but onely to hold them doing which was for many yeares The Earle of Glocester the chiefe pillar of the Empresse within 2. yeares after his last comming out of Normandie dyed and shortly after Miles Earle of Hereford an especiall man of hers which had vtterly quasht her but that in stead of a brother she had a sonne grew vp to be of more estimatiō with the Nobilitie and shortly after of ablenes to vndergo the trauailes of warre His first expedition at 16. yeares of age was Northward to combine him with Dauid King of Scots his great vnkle to whom his mother had giuen the Country of Northumberland After him followes Stephan with an Army to Yorke least he should surprize that Cittie and to intercept him in his returne but according to his vsuall manner and French-like after the first heat of his vndertakings which were quicke and braue he quayles nothing was effected and both returne without incountring Now to aduance the State and meanes of Henry fortune as if in loue with young Princes presents this occasion Louys 7. King of France going in person to the holy warres and taking with him his wife Elenor the onely daughter and heire of William Duke of
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
see the two great pillers of the Church thus shaken with these dissentions whereby might bee feared the whole frame would be ruined that hee was friend to them both and would gladly be an inter-dealer for concord rather then to carry wood to a fire too fierce already which hee desired to extinguish for the good and quyet of Christendome This Embassage wrought so as it disarmed the Emperour glad to haue Louys a mediator of the accord betweene the Pope and him to the great displeasure of the King of England who expected greater matters to haue risen by this businesse The accorde is concluded at Wormes to the Popes advantage to whom the Emperour yeelds vp the right of inuestitures of Bishops and other Benifices But this was onely to appease not cure the maladie The King of England disapoynted thus of the Emperours assistance proceedes notwithstanding in his intentions against Louys And seeing he failed of outward forces he sets vp a partie in his kingdome to confront him ayding Theobald Conte de Champagne with so great power as hee stood to do him much displeasure besides hee obtained a strong side in that kingdome by his aliances for Stephen Earle of Blois had married his sister Adela to whom this Theobald was neere in bloud and had wonne Foulke Earle of Aniou an important neighbour and euer an enemy to Normandy to be his by matching his sonne William to his daughter Louys on the other side failes not to practise all meanes to vnder-worke Henries estate in Normandy and combines with William Earle of Flanders for the restoring of William the sonne of Robert Curtoys to whom the same appertained by right of inheritance and had the fairer shew of his actions by taking hold on the side of iustice Great and many were the conflicts betweene these two Princes with the expence of much bloud and charge But in the end being both tired a peace was concluded by the mediation of the Earle of Aniou And William sonne to King Henry did homage to Louys for the Dutchy of Normandy And William the son of Robert Curtoys is left to himselfe and desists from his claime Vpon the faire cloze of all rhese troubles there followed presently an accident which seasoned it with that sowrenesse of griefe as ouercame all the ioy of the successe William the yong Prince the onely hope of all the Norman race at 17 yeares of age returning into England in a ship by himselfe accompanyed with Richard his base brother Mary Countesse of Perch their sister Richard Earle of Chester with his wife the kings Neece and many other personages of honour and their attendants to the number of 140. besides 50 Mariners setting out from Harflew were all cast away at Sea The Prince had recouered a Cock-boat and in possibility to haue beene saued had not the compassion of his sisters cryes drawne him backe to the sinking ship to take her in and perish with his company Which sodaine clap of Gods iudgement cōming in a calme of glory whē all these bustlings seemed past ouer might make a conscience shrinke with terror to see oppression and supplantation repayd with the extinction of that for which so much had beene wrought and the line masculine of Normandy expired in the third heire as if to begin the fate layd on all the future succession wherein neuer but once the third in a right discent inioyed the Crowne without supplantation or extinction to the great affliction of the kingdome and himselfe to leaue his other issue subiect to the like ouerturnings which may teach Princes to obserue the wayes of righteousnesse and let men alone with their rights and God with his prouidence But in hope to repaire this losse King Henry within 5 moneths after married Adalicia a beautifull yong Lady daughter to the Duke of Lovaine and of the house of Loraine but neuer had issue by her nor long rest from his troubles abroad For this rent at home crackt all the chaine of his courses in France Normandy it selfe became wauering and many adhered to William the Nephew his great confederats are most regayn'd to the king of France Foulke Earle of Aniou quarrels for his daughters dower Robert de Mellent his chiefe friend Councellour a man of great imployment fell from him conspired with Hugh Earle of Monfort and wrought him great trouble But such was his diligence and working spirit that hee soone made whole all those ruptures againe The two Earles himselfe surprizes and Aniou death which being so important a neighbour as we may see by matching a Prince of England there the King fastens vpon it with another aliance and discends to marry his daughter and now onely childe which had bin wife to an Emperour desired by the Princes of Lumbardy and Loraine to the now Earle Geffrey Plantagenet the sonne of Foulke The King of France to fortifie his opposition entertaines William the Nephew where now all the danger lay and aydes him in person with great power to obtaine the Earledome of Flanders wherunto he had a faire Title by the defailance of issue of the late Earle Baldouin slaine in a battaile in France against King Henry But William as if heire also of his fathers fortunes admitted to the Earledome miscarried in the rule was depriued and slaine in battaile and in him all of Robert Curtoys perished And now the whole care of king Henry was the setling of the succession vpon Maude of whom hee liued to see two sonnes borne for which hee conuokes a Parliament in England wherein an oath is ministred to the Lords of this land to bee true to her her heires and acknowledge them as the right inheritors of the Crowne This oath was first taken by Dauid king of Scots vnkleto Maude and by Stephen Earle of Bollogne and Mortaine Nephew to the King on whom he had bestowed great possessions in England and aduanced his brother to the Bishopricke of Winchester And to make all the more fast this oath was afterward ministred againe at Northampton in another Parliament So that now all seemes safe and quiet but his owne sleepes which are said to haue beene very tumultuous and full of affrightments wherein hee would often rise take his sword and be in act as if hee defended himselfe against assaults of his person which shewed all was not well within His gouernment in peace was such as rankes him in the list amōgst our Kings of the fayrest marke holding the kingdome so well ordred as during all his raigne which was long he had euer the least to do at home At the first the competition with his brother after the care to establish his succession held him in to obserue all the best courses that might make for the good and quiet of the State hauing an especiall regarde to the due administration of Iustice that no corruption or oppression might disease his people whereby things were carryed with that cuennes betweene the Great men and the
was much maligned by them putting the King in head that all these great Castles especially of Salisbury the Vies Shirburne Malmsbury and Newwark were onely to intertayne the partie of Maude whereupon the King whose feares were apt to take fire sendes for the Byshop of Salisbury most suspected to Oxford The Bishop as if foreseing the mischiefe comming to him would gladly haue put off this iourney and excused it by the debilitie of his age but it would not serue his turne thither he comes where his seruants about the taking vp of lodgings quarrell with the seruants of the Earle of Britayne and from wordes fall to blowes so that in the bickering one of them was slayne and the nephew of the Earle dangerously wounded Whereupon the King sendes for the Bishop to satisfie his Court for the breach of peace made by his seruants The satisfaction required was the yeelding vp the keyes of his Castles as pledges of his fealtie but that being stood vpon the Bishop with his nephew Alexander Byshop of Lincolne were restrayned of their libertie and shortly after sent as prisoners to the Castle of the Deuises whither the Byshop of Eley another of his Nephews had retired himselfe before The King seazes into his handes his Castles of Salisbury Shyrburne Malmesbury and after 3. dayes assault the Deuises was likewise rendred besides he tooke all his treasure which amounted to 40. thousand markes This action being of an extraordinary strayne gaue much occasion of rumor some said The King had donne well in seazing vpon these Castles it being vnfit and against the Cannons of the Church that they who were men of religion and peace should raise fortresses for warre and in that sort as might be preiudiciall to the King Against this was the Byshop of Winchester the Popes Legat taking rather the part of his function then that of a brother saying that if the Bishops had transgressed it was not the King but the Cannons that must iudge it that they ought not to be depriued of their possessions without a publique Ecclesiasticall Counsell that the King had not donne it out of the zeale of iustice but for his owne benefit taking away that which had beene built vpon the Lands and by the charge of the Church to put it into the hands of lay men little affected to religion And therefore to the end the power of the Cannōs might be examined he appoints a Counsell to be called at Winchester whither the King is summoned and thither repaire most of all the Byshops of the Kingdome where first is read the Commission of the Legatine power granted by Pope Innocent to the Bishop of Winchester who there openly vrges the indignitie offred to the Church by the imprisoning of these Bshops An act most haynous and shamefull for the King that in the peace of his Court thorow the instigation of euell ministers would thus lay hands vpon such men and spoyle them of their estates Which was a violence against God And that seing the King would yeeld to no admonitions he had at length called this Councell where they were to consult what was to be donne that for his part neither the loue of the King though his brother nor the losse of his liuing or danger of his life should make him fayle in the execution of what they should decree The King standing vpon his cause sendes certayne Earles to this Councell to know why he was called thither answere was made by the Legat that the King who was subiect to the faith of CHRIST ought not to take it ill if by the ministers of CHRIST he was called to make satisfaction being conscious of such an offence as that age had not knowne that it was for times of the Gentiles for Bishops to be imprisoned and depriued of their possessions and therefore they should tell the King his brother that if he would vout safe to yeeld consent to the Councell it should be such by the helpe of God as neither the Roman Church the Court of the King of France nor the Earle Theobald brother to them both a man wise and religious should in reason dislike it that the King should do aduisedly to render the reason of his act and vndergo a Canonicall iudgement that he ought in duty to fauour the Church into whose bosome being taken he was aduanced to the Crowne without any militarie hand With which answere the Earles departed attended with Alberic de Ver a man exercised in the law and hauing related the same are returned with the Kingsreply which Alberic vtters and vrges the inuries Bishop Roger had donne to the King how he seldome came to his Court that his men presuming vpon his power had offred violence to the Nephew and seruants of the Earle of Britayne and to the seruants of Herui de Lyons a man of that Nobilitie and sloutnesse as would neuer voutsafe to come vpon any request to the late King and yet for the loue of this was desirous to see England where to haue this violence offred was an iniury to the King and dishonor to the Realme that the Bishop of Lincolne for the ancient hatred to the Earle of Britayne was the author of his mens sedition that the Bishop of Salisbury secretly fauored the Kings enemies and did but subtlely temporize as the King had found by diuers circumstances especially when Roger de Mortimer sent with the Kings forces in the great danger of Bristow he would not lodge him one night in Malmsbury that it was in euery mans mouth as soone as the Empresse came He and his nephews would render their Castles vnto him That he was arested not as a Bishop but a seruant to the King and one that administred his procurations and receiued his monies That the King tooke not his Castles by violence but the Bishop voluntarily rendred them to auoyd the calumnie of their tumult rayfed in his Court if the King found some money in his Castles he might lawfully seaze on it in regard that Roger had collected it out of the reuenues of the King his vnkle and predecessor and the Bishop willingly yeelded vp the same as well as his Castles through feare of his offences and of this wanted not witnesses of the Kings who part desired that the couenants made betweene him and the Bishop might remayne ratified Against this Bishop Roger opposes That he was neuer seruant to the King nor recesued his moneyes and withall added threatnings as a man not yet broken though bent with his fortunes that if he found not iustice for his wrongs in that Councell he would bring it to the hearing of a greater Court The Legat mildly as hee did other things said That all what was spoken against the Bishops ought first to be examined in the Ecclesiasticall Councell whether they were true or no before sentence should haue beene giuen against them contrary to the Canons and therefore the King should as it is lawfull in iudiciall trials reuest the Bishops
in their former estates otherwise by the law of Nations being dissaised they shall not hold their Plea After much debate the Kings cause was vpon a motion put off till the next day to the end the Arch-bishop of Roan an especiall instrument for the King might bee there who deliuering his opinion said That if the Bishops could rightly proue by the Canons they ought to haue Castles they should hold them but if they could not it proceeded of great improbitie to striue to do otherwise And be it said he their right to haue them yet in a suspected time according to the manner of other Nations all great men ought to deliuer the keyes of their Fortresses to bee at the Kings pleasure who is to fight for the peace of all But it is not their right by the decree of the Canons to haue Castles and if by the Princes indulgence it be tollerated yet in a time of necessitie they ought to deliuer the keyes The Lawyer Alberic addes That it was signified to the King how the Bishops threatned and had furnished some to goe to Rome against him But said he the King would haue you know that none of you presume to do it for if any goe out of England contrary to his will and the dignitie of the kingdome it will be hard returning In conclusion the Councell brake vp nothing was done The Bishops durst not excommunicate the King without the Popes priuitie and besides they saw the swords to busie about them yet failed not the Legat and the Archbishop to prosecute their parts and from authority fell to prayer and at the Kings feete in his chamber besought him that hee would pitty the Church pitty his owne soule and his fame not to fuffer dissention to bee betweene the kingdome and the Priest-hood The king returned them faire wordes but held what hee had gotten Shortly after through griefe dyed the Bishop of Salisbury and according to the fate of ouer-eminent and greedy Officers vnpittied He was a man in his latter time noted of much corruption and vnsatiable desire of hauing For whom the present King in the beginning of his reigne had done very much making one of his Nephewes Chancellor the other Treasurer and vpon his sute gaue to himselfe the Borough of Malmesbury insomuch as the King would say to his familiars about him If this man will begge thus still I will giue hm halfe the Kingdome but I will please him and first shall he be weary of crauing ere 1 of granting And sure the King had great reason to suspect his adhering to Maud whose part he began to fauour onely out of the hatred he bare to Winchester who yet was content to forsake his owne brother in regard by his ingagement hee was preferred to the Crowne rather then to loose his good will and the rest of the Clergie But yet this breaking of the King into the Church which had made him vtterly dissolued him For presently here upon all his power fell asunder the Empresse found now a way open to let her in and the Earle of Glocefter presuming of a sure side conducted her into England onely with 150. men puts her into the Castle of Arundell and himselfe attended but with 12. horse passed away cleere through all the country to Bristow and from thence to Glocester where he had leasure without opposition to rayse all the country to take part with the Empresse who from Arundell castle was afterward by the Legate himselfe and the Kings permission conueyed to Bristow receiued with all obedience grew daily in strength as shee went and came at length to her brother who had taken in Hereford made himselfe strong with the Welsh and setled those parts to gather vp more of the kingdome by shewing herselfe and her power in diuers places Stephan hauing no part cleere by reason the Castles vpon which hee spent both his time and meanes lay so thicke blockes in his way as he could not make that speed to stoppe this streame as otherwise he would holding it not safe to go forward and leaue dangers bebehinde that might ouer-take him And first he layes siege to the Castle of Wallingford which Brian sonne to the Earle of Glocester held against him then to the Castle of Bristow and other places working much but effecting little which seeing to get time and stagger the swift proceeding of this new receiued Princesse hee causes a treatie of peace to be propounded at Bath where the Legat who likewise earnestly solicited the same with the Arch-bishop of Canterbury were appoynted Commissioners for the King and the Earle of Glocester for the Empresse but nothing was effected both returne to make good their sides The Empresse seckes to recouer more the King what he had lost And least the North parts might fall from him and the King of Scots come on he repaires thitherward and finding the Castle of Lincolne possest by Ralfe Earle of Chester who had married a daughter of the Earle of Glocester and holding it not safe to be in the hands of such a maister in such a time seekes to take it in by force The Earle of Chester who held Newtrall attempting nothing against the King tooke it ill and stood vpon his defence but being ouer-layd by power conueyes himselfe out of the Castle leaues his brother wife within to defend it and procures ayde of his father in law the Earle of Glocester to succour him The Earle takes in hand this businesse sets out of Glocester with an Army of Welshmen and others attended with Hugh Bigod and Robert de Morley ioynes with the Earle of Chester marches to Lincolne where in the battaile King Stephan was taken carried prisoner to Glocester presented to the Empresse and by her sent to be kept in the Castle of Bristow but in all honourable fashion till his attempts to escape layd fetters on him Hereupon the Empresse as at the top of her fortune labours the Legat to bee admitted to the kingdome as the daughter of the late King to whom the Realme had taken an oath to accept for soueraigne in the succession and wrought so as a Parle was appoynted for this purpose on the Plaine neere to winchester where in ablustring sad day like the fate of the businesse they met and the Empresse swore and made affidation to the Legar that all the great businesses especially the donation of Bishoprickes and Abbyes should bee at his disposing if he with the Church would receiue her as Queene of England and hold perpetuall fidelitie vnto her The same oath and affidation tooke likewise her brother Robert Earle of Glocester Brian his sonne Marquisse of Wallingford Miles of Glocester after Earle of Hareford with many others for her Nor did the Bishop sticke to accept her as Queene though she neuer came to be so and with some few other made like wife affidatiō for his part that so long as she infringed not her couenant he would also hold his