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
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 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