words for his sufficiencies for diuers vertues especially for that hee did alwayes stand firmely by him alwayes declare himselfe both a faithfull Subiect and dutifull sonne It was also coniectured by some that the King was guided in this choise no lesse by his iudgement then by his affection for that he esteemed the fierce disposition of his sonne William more fit to gouerne a people not well setled in subiection then the flexible and milde nature of his eldest sonne Robert So William taking his last leaue of his father who was then taking his last leaue of this world iourneyed towards England and in short time arriued at the port called Whitesand where he receiued the first report of his fathers death Hereupon with all speed hee posted to Lanfranck deliuered his fathers letters and foorthwith was declared King vpon the 9. day of September in the yere 1087. and vpon the first of October next ensuing was by the same Lanfranck with al ceremonies and solemnities perteining to that action crowned at Westminster Robert either by negligence and want of foresight or by the perpetuall malice of his destinie or happily not without his fathers contriuance was absent in Germanie whilest his yonger brother William did thus possesse himselfe both of the Kingdome of his father and of his treasure Otherwise he wanted neither pretence nor purpose nor fauour of friends to haue empeached his brothers proceedings For it was then doubted by many and since hath bene by many debated whether in any case vpon any cause or consideration whatsoeuer a King hath power to disinherite his eldest sonne and to appoint another to succeed in his estate That a King may aduance any of his sonnes to bee his successour without respect of prioritie in birth there seemeth to want neither warrant of example nor weight of authoritie Dauid a man greatly prooued and approoued by God did preferre Solomon to succeede him before his eldest sonne Adonia And in like sort Rehoboam the sonne of Solomon appointed the yongest of all his sonnes to succeed him in the Kingdome So some Lawyers affirme That a King may determine in his life which of his sonnes shall reigne after him But this must be vnderstood either when a State is newly raised to the title of a kingdome or else when by Conquest Vsurpation or some other meanes of change the gouernment thereof is newly transferred from one stemme to another For then because there is no certaine Law or Custome of succession in force the right seemeth to dâ—…pend vpon the disposition of the Prince And yet euen in this case the eldest or neerest cannot be excluded without iust cause For so when Iacob depriued his eldest sonne Reuben of his priuiledge of birth he expressed the cause For that he had defiled his fathers bed which fact of his Hierome applieth to the case in question So when Ptolemie the first King of Egypt commended the State to his yongest sonne he yeelded a reason for that which he did So Henrie the fourth Emperour crowned Henrie his yonger sonne King reiecting Conrade his eldest sonne for that hee had borne armes against him and ioyned in league with his open enemies But when by expresse Lawe or long grounded Custome the Succession of a State is established to the eldest sonne the best approoued interpreters of the Canon and Ciuill law doe conclude that the father hath no power to inuert or peruert that course of order For parents may debarre their children of that which proceedeth from themselues of that which dependeth vpon their appointment but of that which is due by nature by the immutable law of the State the parents can haue no power to dispose When by a fundamentall Lawe or Custome of State Succession is annexed to the dignity of a Crowne according to prioritie in birth it followeth that so soone as the first borne commeth into light the right of succession is fixed in him not in hope onely but also in habite whereof neither the father nor any other can dispossesse him And therefore when Prusias intended to depriue his eldest sonne Nicomedes of his prerogatiue of birth and to preferre his yonger sonnes which he had by another wife in succession before him he could not assure it by any meanes but by determining the death of Nicomedes which Nicomedes to preuent dispoiled his father both of kingdom and of life Ptolemie the first King of Egypt of that name who after the death of Alexander the great possessed himselfe of Egypt part of Arabia and of Affrick left his kingdom to the yoÌ„gest of his sons but afterward when Ptolemie surnamed Phiscon vpon the importunity of his wife Cleopatra attempted the like the kingdome being then setled in succession the people opposed reuersed his order after his death So Pepine after hee had made seisure of the kingdome of France ordered all things which he thought necessary for the suerty therof disposed the succession therein by his Testament leauing the Realme of Noion to his sonne Charles and to Carloman his other sonne the Realme of Soissons The like was done by some other of the first Kings of his race But since that time the custome hath been strongly stablished that the kingdome passeth entirely to the eldest sonne and possessions are assigned to the rest vnder the name of Appanage And therefore the French writers affirme that the eldest sonne of France cannot be depriued of succession vpon any cause of ingratitude against his parents and that if the King should institute his eldest sonne yet cannot hee take the kingdome by force of his fathers guift but onely by the immutable law of the Realme Yea Girard writeth of Charlâ—â— the simple that hee was King of France before hee was borne And in this regard the Glossographer vpon the Decrees noteth that the sonne of a King may bee called King during the life of his father as wanting nothing but administration And the same also doth Seruius note out of Virgil where hee saith of Aescanius regémque requirunt his father Aeneas being then aliue Now then for that the right of Succession to the Crowne of England was not at that time so surely setled as it hath been since but had waued in long vncertainetie First in the Heptarchie of the Saxons and English afterward betweene the English and the Danes and was then newly possessed by the Normane and that chiefly by the sword For that also Robert the Kings eldest sonne gaue iust cause of offence by bearing armes against his father it may seeme that the King might lawfully direct the succession to his second sonne And yet because as Herodotus saith It is a generall custome amongst all men that the first in birth is next in succession because as Baldus affirmeth Semper fuit semper erit c. Alwayes it hath been and alwayes it shall bee that the first borne succeedeth in
had bene excommunicated before by Hildebrand and was then againe excommunicate by Vrbane being the first Christian Prince with Souereigne power who was euer excommunicate by any Pope And for that Vrbane at that time had his hands full against the Emperour for that also hee would not make the example too odious at the first he was willing ynough to forbeare excommunication against the King And the rather for that Anselme had intelligence from his friends in England that the excommunication would not be regarded Hereupon accompting it a sufficient declaration of his power for the time to haue menaced excommunication he caused a generall decree to be made That as well all Lay-persons who should giue inuestiture of Churches as those of the Clergie who should be so inuested also those who should yeeld themselues in subiection to Lay-men for Ecclesiastical liuings should be excōmunicate This generall sentence was pronounced The Pope also signified by letters to the King that if he would auoyd particular proceeding against himselfe he should foorth with restore Anselme to the exercise of his Office in his Church and to all the goods and possessions perteining thereto Hereupon the King sent messengers to the Pope who declared vnto him That their great Master the King marueiled not a litle wherefore he should so sharply vrge the restitution of Anselme seeing it was expresly told him That if he departed out of England without licence he should expect no other vsage Well said the Pope Haue you no other cause against Anselme but that he hath appealed to the Apostolicall Sea and without licence of your King hath trauailed thither They answered No. And haue you taken all this paines said he haue you trauailed thus farre to tell me this Goe tell your Lord if he will not be excommunicate that he presently restore Anselme to his Sea And see that you bring mee answere hereof the next Councell which shal be in the third weeke after Easter make haste and looke to your terme lest I cause you to be hanged for your tarryance The messenger was herewith much abashed yet collecting himselfe he desired priuate audience of the Pope affirming that he had some secret instructions from the King to impart vnto him What this secret was it is vnknowne Whatsoeuer it was a longer day was obtained for the King vntill Michaelmas then next ensuing And when that day was come albeit complaints were renued yet was nothing done against the King The Archb. seeing the small assurance of the Pope returned to Lions in France and there remained vntil the death first of Pope Vrbane and afterwards of the king which was almost the space of 3. yeeres By this great conflict the king lost the hearts of many of the Clergie but his displeasure had seasoned reuenge with contentment and finding himselfe sufficient both in courage and meanes to beare out his actions he became many other wayes heauie vnto them When any Bishopricke or Monasterie fell voyd he kept them vacant a long time in his hands and applied the profits to himselfe At the last hee would set them to open sale and receiue him for Prelate who would giue for them the greatest price Herehence two great inconueniences did ensue the best places were furnished with men of least sufficiencie and worth and no man hoping to rise by desert the generall endeuour for vertue and knowledge were layd aside the direct way to aduancement was by plaine purchase from the king In this seazing and farming and marchandizing of Church-liuings one Ranulph commonly called the Kings Chapleine was a great agent for the King Hee was a man of faire vse of speach and liuely in witte which hee made seruants to licentious designes but both in birth and behauiour base and shamelesse in dishonestie a very bawde to all the Kings purposes and desires Hee could be so euill as hee li◅ted and listed no lesse then was to his aduantage The King would often laugh at him and say that he was a notable fellow to compasse matters for a King And yet besides more then ordinary fauour of countenance the King aduanced him first to be his Chancellour and afterward to be Bishop of Duresme By his aduise so soone as any Church fell voide an Inuentory was made of all the goods that were found as if they should bee preserued for the next successor and then they were committed to the custodie of the King but neuer restored to the Church againe So the next incumbent receiued his Church naked and bare notwithstanding that he paid a good price for it From this King the vse is said to haue first risen in England that the Kings succeeding had the Temporalties of Bishops Seas so long as they remained voide Hee also set the first enformers to worke and for small transgressions appointed great penalties Hee is also reported to haue been the first King of this Realme who restreined his subiects from ranging into forreine Countreys without licence And yet what did the King by this sale of Church dignities but that which was most frequent in other places For in other places also few attained to such dignities freely The difference was this here the money was receiued by the King there by fauorites or inferiour officers here it was expended in the publike vses of the State there to priuate and many times odious enrichments this seemeth the more easie that the more extreme pressure as done by more hungrie and degenerous persons this may bee esteemed by some the more base but assuredly it was the better dealing And further it is euident that the King did freely aduance many excellent persons to principall dignities in the Church and especially Anselme to the Archbishopricke of Canterburie who was so vnwilling to accept that honour that the King had much to doe to thrust it vpon him And the rather to enduce him he gaue him wholly the citie of Canterburie which his predecessors had held but at the pleasure of the King This Anselme was one whose learned labours doe plainely testifie how little his spirits were fed with the fulsome fumes of surfeting and ease which to many others together with their bodies doe fatten and engrosse their mindes He so detested singularitie that he accounted it the sinne which threw Angels out of Heauen and man out of Paradise This detestation of singularitie might happily encline him to the other extreme to adhere ouer lightly to some common receiued errours It is attributed to him that hee would often wish to bee rather in hell without sinne then with sinne in heauen The king also aduanced Robert Bloet to the Bishopricke of Lincolne a man whose wisedom was highly graced with goodly personage and good deliuery of speach from whom notwithstanding the king afterwards wiped fiue thousand markes Hee also freely receiued Hugh de Floriaco a man for his vertue much esteemed to be Abbot of the Monastery of S. Augustines in Canterburie and likewise diuers others to other Ecclesiasticall preferments
buildings specified before some for strength as diuers Castles in Normandie in Wales and some also in England and namely the Castle of Warwicke of Bristoll the Castle Colledge and Towne of Windsore on the hill about a mile distant from the old Towne of Windsore which afterward was much encreased by King Edward the third and after him by many Kings and Queenes succeeding Many Palaces also he built for ornament pleasure And to this end he maintained his Parke at Woodstocke wherein hee preserued with great pleasure diuers sorts of strange beasts which because he did with many demonstrations of pleasure both accept and esteeme were liberally sent vnto him from other Princes Hee first instituted the forme of the high Court of Parliament as now it is in vse For before his time onely certaine of the Nobilitie and Prelats of the Realme were called to consultation about the most important affaires of state he caused the commons also to be assembled by Knights and Burgesses of their owne appointment and made that Court to consist of three parts the Nobilitie the Clergie and the Common people representing the whole body of the Realme The first Councell of this sort was held at Salisbury vpon the 19. day of April in the 16. yeere of his reigne His seueritie in iustice the very heart string of a Common-wealth his heauie hand in bearing downe his enemies in disabling those from working him harme whom he knew would neuer loue him at the heart was traduced by some vnder termes of crueltie And yet was he alwayes more mindfull of benefits then of wrongs and in offences of highest nature euen for bearing Armes against him he punished oftentimes by imprisonment or exile and not by death When Matilde his daughter was giuen in mariage to Henry the fifth Emperour he tooke 3. shillings of euery hide of land throughout the Realme which being followed by succeeding Kings did grow to a custome of receiuing ayd whensoeuer they gaue their daughters in marriage For albeit the same be found in the great Custumier of Normandie yet was it neuer practised in England before This happened in the fifteenth yeere of his reigne and he neuer had the like contribution after but one for furnishing his warres in France So the people were not charged with many extraordinary taxations but their ordinary fines and payments were very great and yet not very grieuous vnto them For that they saw them expended not in wanton wast not in loose and immoderate liberalitie but either vpon necessitie or for the honour dignitie of the state wherein the preseruation or aduancement of the common good made particular burthens not almost sensible But both his actions and exactions were most displeasing to the Clergy the Clergy did often times not onely murmure but struggle and oppose against his actions as taking their liberties to be infringed and their state diminished by abasing their authority and abating both their riches and power When any Bishopricke or Abbey fell voyd hee did apply the reuenues thereof for supply of his necessities and wants and for that cause kept some of them many yeeres together vacant in his hands He would not permit appeales to Rome Canons were not of force within the Realme vnlesse they were confirmed by the King Legats from the Pope were not obeyed and no man would come to their conuocations In so much as one of the Popes Legates in France did excommunicate all the Priests of Normandy because they would not come to his Synode For this cause the King sent the Bishop of Exceter to Rome albeit he was both blind and in yeeres to treat with the Pope concerning that businesse Hee gaue inuestitures to Prelates by Crosse Ring and Staffe and is charged to haue receiued of some of them great summes of money for their places About this time the marriage of Priests was forbidden in England but the King for money permitted them to reteine their wiues and in the end set an imposition in that respect vpon euery Church throughout the Realme It auailed not any man to say that he had no purpose to keepe a wife he must pay for a facultie to keepe a wife if he would For these causes they fastened the infamie of couetousnesse vpon him For these causes and especially for inuesting and receiuing homage of Prelats he had a stiffe strife with Anselme Archb. of Canterburie For the King said that it was against the custome of his ancesters it could not stand with the safety of his State that the Prelats who at that time held the principall places both of trust and command in his kingdome who in very deed ruled all the rest should not be appointed onely by himselfe should not sweare faith and allegiance vnto him should either bee aduanced or depend vpon any forren Prince On the other side Anselme refused not onely to confirme but to communicate or common friendly with those who had bene inuested by the King reproching them as abortiues and children of destruction traducing the King also as a defiler of Religion as a deformer of the beautie and dignitie of the Church Hereupon by appointment of the King they were confirmed consecrated by the Archb of Yorke Onely William Gifford to whom the K had giuen the Bishopricke of Winchester refused Consecration from the Archb. of Yorke for which cause the King depriued him of all his goods and banished him out of the Realme Then the King required Anselme to doe him homage and to be present with him at giuing Inuestitures as Lanfranck his predecesior had bene with King William his father Against these demaunds Anselme obiected the decrees of the Councell lately held at Rome whereby all Lay-persons were excommunicate who should conferre any Spiritual promotions and all those accursed who for Ecclesiasticall dignities should subiect themselues vnder the homage or seruice of any Lay-man Hereupon messengers were dispatched from both parties to the Pope who determined altogether in fauour of Anselme or rather in fauour of himselfe Notwithstanding the king desisted not to vrge Anselme to sweare homage vnto him Anselme required that the Popes letters should bee brought foorth and he would doe as by them hee should be directed The King answered that he had nothing to doe with the Popes letters that this was a Soueraigne right of his Crowne that if any man may pull these Royalties from his Crowne he may easily pull his Crowne from his head that therefore Anselme must doe him homage or else depart out of his kingdome Anselme answered that hee would not depart out of the Realme but goe home to his Church and there see who would offer him violence Then were messengers againe sent to the Bishop of Rome two Bishops from the King and two Monckes from Anselme The King wrote to the Pope first congratulating his aduancement to the Sea of Rome then desiring the continuance of that amitie which had bene betweene their predecessours Lastly he tendred all honour and obedience
occasioned much disquiet and disorder in many parts of the Realme In the same Councel the censure of Excommunication was cast vpon those who did exercise the vile vice of Sodomitrie and it was further decreed that the same sentence should be published euery Sonday in al the parish Churches of England But afterward it was esteemed fit that this general excommunication should be repealed The pretence was for that the prohibiting yea the publike naming of that vice might enflame the hearts of vngracious persons with desire vnto it But wise men coniectured that after this seuere restreint of marriage in the Clergie it did grow so frequent and familiar among them that they would not giue way to so generall a punishment It is certaine that in this Kings dayes Io. Cremensis a Priest Cardinal by the Kings licence came into England and held a solemne Synode at London where hauing most sharpely enueighed against the marriage of Priests the night following hee was taken in adulterie and so with shame departed the Realme It is certaine also that Anselme the most earnest enforcer of single life died not a Virgine as by the lamentation which hee wrote for the losse thereof it may appeare Not long after Anselme died being of the age of 70. yeeres He had bestowed much money on Christs Church in Canterburie as well in buildings as in ornaments and encrease of possessions Other workes of charge he left not many neither in very deed could he by reason of his often banishments and the seasures of the reuenues of his Church But this he did more then liberally supply by the eternall labours of his penne After his decease the Archbishopricke remained voyd fiue yeeres during which time the King applied the fruits to himselfe The like hee did to other vacant Churches and compounded also with Priests for reteining their wiues and made his profit by Ecclesiasticall persons and liuings more largely and freely then he had done before For which cause it is not vnlike that the imputation of couetousnesse was fixed vpon him At the last Radulph Bishop of Rochester was aduanced to the See of Canterburie and notwithstanding all former agreements and decrees the King inuested him with Ring and with Staffe But howsoeuer we may either excuse or extenuate the two vices of crueltie and couetousnesse wherewith he is charged his immoderate excesse in lust can no wayes be denied no wayes defended And when age had somewhat abated in him the heat of that humour yet was hee too much pleased with remembrance of his youthfull follies For this vice it is manifest as well by the sudden and vnfortunate losse of his children as for that he was the last King by descent from males of the Norman race that the hand of God pressed hard vpon him As Radulph succeeded Anselme in the See of Canterburie So after the death of Thomas Thurstine the Kings Chapplaine was elected Archb. of Yorke And because he refused to acknowledge obedience to the See of Canterbury hee could not haue his Consecration but was depriued of his dignitie by the King Hereupon he tooke his iourney to Rome complained to the Pope and from him returned with a letter to the King that the putting of a Bishop elect from his Church without iudgement was against diuine Iustice against the decrees of holy Fathers that the Pope intended no preiudice to either Church but to maintaine the constitution which S. Gregorie the Apostle of the English Nation had stablished betweene them that the Bishop elect should be receiued to his Church and if any question did rise between the two Churches it should be handled before the King Vpon occasion of this letter a solemne assembly was called at Salisburie where the variance betweene the two Prelats was much debated Radulph would not giue Imposition of hands to Thurstine vnlesse hee would professe obedience Thurstine said that he would gladly embrace his benediction but professe obedience to him he would not The King signified to Thurstine that without acknowledgement of subiection to the Archb. of Canterburie hee should not be Consecrated Archb. of Yorke Thurstine replied nothing but renounced his dignitie and promised to make no more claime vnto it Not long after Calixtus Bishop of Rome assembled a Councell at Rhemes and Thurstine desired licence of the King to goe to that Councell This hee obtained vnder faithfull promise that he should there attempt nothing to the preiudice of the Church of Canterburie In the meane time the King dealt secretly with the Pope that Thurstine should not bee consecrated by him This the Pope did faithfully assure and yet by meanes of some of his Cardinals whom Thurstine had wrought to bee suiters for him by reason also of his hate against Radulph for taking Inuestiture from the King The Pope was drawen to giue him consecration and there with the Pall. For this cause the King was displeased with Thurstine and forbad him to returne into the Realme After this the Pope came to Gisors to which place the King went vnto him and desired that he would not send any Legates into England except the King should so require The reason was for that certaine Legates had come into England lately before to wit one Guidâ—… and another named Anselme and another called Peter who had demeaned themselues not as Pillars of the Church but as Pillagers of all the Realme Also he required that hee might reteine all such customes as his auncestors had vsed in England and in Normandie The Pope vpon promise that the King should ayd him against his enemies yeelded to these demands and required againe of the King to permit Thurstine to returne with his fauour into England The King excused himselfe by his oath The Pope answered that he might and would dispence with him for his oath The King craued respite affirming that he would aduise with his Counsaile and then signifie to the Pope what he should resolue So in short time hee declared to the Pope that for loue to him Thurstine should bee receiued both into the Realme and to his Church vpon condition that he should professe subiection to the Sea of Canterburie as in former times his predecessors had done otherwise said hee so long as I shall bee King of England hee shall neuer sit Archbâ—…shop of Yorke The yeere following the Pope directed his letters to the King and likewise to Radulph And herewith he interdicted both the Church of Canterburie and the Church of Yorke with all the Parish Churches of both Prouinces from Diuine seruice from Buriall of the dead from all other offices of the Church except onely baptizing of children and absolution of those who shal lie at the point of death vnlesse within one moneth after the receit of the same letters Thurstine should be receiued to the Sea of Yorke without acknowledging subiection to the Sea of Canterburie It was further signified to the King that he should also be excommunicate vnlesse hee would consent to the same
vndaunted countenance and heart conducted his Armie into Sussex and encamped within seuen miles of the Normans who thereupon approched so neere to the English that the one Armie was within view of the other First espials were sent on both sides 〈◊〉 〈◊〉 uer the state and condition of 〈◊〉 〈◊〉 〈◊〉 They who were sent from the English 〈◊〉 〈◊〉 large report both of the number and 〈◊〉 〈◊〉 ment and discipline of the Normans Whereupon Girth yonger brother to King Harold presented him with aduise not to play his whole State at a cast not to bee so caried with desire of victory as not to awaite the time to attaine it that it is proper to Inuaders presently to fight because they are then in the very pride and flourish of their strength but the assailed should rather delay battell rather obserue only and attend their enemies cut off their reliefe vexe them with incommodities weary them and weare them out by degrees that it could not be long before the Dukes armie being in a strange Countrey would be reduced to necessities it could not bee long but by reason it consisted of diuers nations it would draw into disorder that it was proper to an armie compounded of different people to be almost inuincible at the first whilest all contend to excell or at least to equal other in braue performance but if they be aduisedly endured they will easily fall into disorders and lastly of themselues dissolue Or if sayd he you resolue to fight yet because you are sworne to the Duke you shall doe well to withdraw your presence to imploy your authoritie in mustering a new armie to bee readie to receiue him with fresh forces And if you please to commit the charge of this incounter vnto me I will not faile to expresse both the loue of a brother and the care and courage of a Commander For as I am not obliged to the Duke by oath so shall I either preuaile with the better cause or with the quieter conscience die Both these counsailes were reiected by Harold The first out of a violent vehemencie of these Northerne nations who doe commonly esteeme delay of battell a deiected cowardise a base and seruile deflouring of time but to beare through their designes at once they account a point of honourable courage The second he esteemed both shamefull to his reputation and hurtfull to the state of his affaires For what honour had he gained by his former victories if when he came to the greatest pinch of danger hee should fearefully shrinke backe with what heart should the Souldiers fight when they haue not his presence for whom they fight when they haue not their Generall an eye witnesse of their performance when they want his sight his encouragement his example to enflame them to valour The presence of the Prince is worth many thousands of ordinarie Souldiers The ordinary Souldier wil vndertake both labour and danger for no other respects so much as by the presence of the Prince And therefore he did greatly extenuate the worth of the Normans terming them a company of Priests because their fashion was to shaue their faces But whatsoeuer they were as he had hee said digested in his minde the hardest euents of battell so either the infamie or suspicion of cowardise in no case hee would incurre Hee resolued not to ouerliue so great dishonour he resolued to set vp as his last rest his Crowne and Kingdome and life withall And thus oftentimes Fortune dealeth with men as Executioners doe with condemned persons she will first blindfold and then dispatch them After this the Norman sent a Monke to offer the choise of these conditions to Harold Either to relinquish his kingdome vpon certaine conditions or to hold it vnder homage to the Duke or to try their cause by single combate or to submit it to the iudgement of the Pope according to the Lawes of Normandy or of England which he would Againe some conditions were propounded from K. Harold to the Duke But their thoughts were so lifted vp both with pride and confidence by reason of their former victories that no moderate ouerture could take place and so they appointed the day following which was the 14. of October to determine their quarrell by sentence of the sword This happened to be the birth day of K. Harold which for that cause by a superstitious errour he coniectured would be prosperous vnto him The night before the battaile for diuers respects was vnquiet The English spent the time in feasting and drinking and made the aire ring with showtings and songs the Normans were more soberly silent and busied themselues much in deuotion being rather still then quiet not so much watchful as not able to sleepe At the first appearance of the day the 〈◊〉 and the Duke were ready in Armes enâ—…ging their Souldiers and ordering them 〈◊〉 〈◊〉 in whose eyes it seemed that 〈◊〉 did sparckle and that in their face and gesture victorie did sit The Duke put certaine reliques about his necke vpon which King Harold had sworne vnto him It is reported that when he armed the backe of his Curasses was placed before by errour of him that put it on some would haue bin dismayed hereat but the Duke smiled and said Assuredly this day my Fortune will turne I shall either be a King or nothing before night The English were knit in one maine body on foot whereof the first rancks consisted of Kentishmen who by an ancient custome did challenge the honour of that place the next were filled with Londoners then followed the other English Their chiefe weapons were pole-axe sword and dart with a large target for their defence They were paled in front with paueises in such wise that it was thought impossible for the enemie to breake them The King stood on foot by his Standard with two of his brothers Girth and Leofwine as well to relieue from thence all parts that should happen to be distressed as also to manifest to the Souldiers that they reteined no thought of escaping by flight On the other side the Normans were diuided into three battailes The first was conducted by Roger Montgomerie and William Fitz-Osborne it consisted of horsemen of Aniou Maine and Britaine commanded by a Britaine named Fergent It caried the Banner which the Pope had sent The middle battaile consisting of Souldiers out of Germanie and Poictou was led by Geoffrye Martell and a Prince of Almaine The Duke himselfe closed the last battaile with the strength of his Normans and the flowre of his Nobilitie The Archers were diuided into wings and also dispersed by bands through all the three battails Thus were both sides set vpon a bloody bargaine ambition hope anger hate enflaming them to valour The duke edged his Souldiers by declaring vnto them the noble Acts of their ancesters the late admirable atchieuement of their fellow Normans in subduing the Kingdome of Sicill their owne braue exploits vnder him by shewing them all that pleasant and
tooke his sister Margaret to wife He possessed himselfe of a great part of Cumberland and of Northumberland wherewith the people were well content for that hee was their Earles sisters sonne Hereupon King William sent against him first Roger a Norman who was traiterously slaine by his owne Souldiers then Gospatrick Earle of Gloucester These did onely represse the enemie but were not able to finish the warre fully Lastly hee went himselfe with a mighty armie into Scotland where hee made wide waste and in Lothiam found King Malcolme prepared both in force and resolution to entertaine him with battell The great armie of King William their faire furniture and order their sudden comming but especially their firme countenance and readinesse to fight much daunted the Scots whereupon King Malcolme sent a Herault to King William to mooue him to some agreement of peace The more that the King was pleased herewith the more hee seemed vnwilling and strange the more he must be perswaded to that which if it had not bin offered he would haue desired At the last a peace was concluded vpon conditions honourable for King William and not vnreasonable for the King of Scots whereby all the English were pardoned who had fled into Scotland and borne armes against their King As for the Welsh albeit both their courage and their power had been extreamely broken in the time of King Edward and that by the valour and industry of Harold yet vpon aduantage of these troubled times they made some incursions into the borders of England but in companies so disordered and small so secretly assaulting so suddenly retiring so desirous more of pillage then of blood that they seemed more like to ordinarie robbers then to enemies in field Against these the King ledde an armie into Wales reduced the people both to subiection and quiet made all the principall men tributary vnto him receiued pledges of all for assurance of their obedience and faith Whilest the King thus setled his affaires abroad he secured himselfe against his subiects not by altering their will but by taking away their power to rebell The stoutest of the Nobilitie and Gentlemen were spent either by warre or by banishment or by voluntary auoidance out of the Realme All these hee stripped of their states and in place of them aduanced his Normans insomuch as scarce a ny noble family of the English blood did beare either office or authoritie within the Realme And these ranne headlong to seruitude the more hasty and with the fairer shew the more either countenanced or safe These he did assure vnto him not onely by oath of fidelitie and homage but either by pledges or else by reteining them alwaies by his side And because at that time the Clergie were the principall strings of the English strength he permitted not any of the English Nation to be aduanced to the dignities of the Church but furnished them with Normans and other strangers And whereas in times before the Bishop and Alderman were absolute Iudges in euery Shire and the Bishop in many causes shared in forfeitures and penalties with the King he clipped the wings of their Temporall power and confined them within the limits of their Ecclesiasticall Iurisdiction to maintaine the Canons and customes of the Church to deale in affaires concerning the soule He procured Stigand Archbishop of Canterburie Agelwine Bishop of East-Angles and certaine other Bishops and Abbots to be depriued by authoritie from Rome and deteined them in prison during their liues that strangers might enioy their places The matters obiected against Stigand were these 1 That hee had entruded vpon the Archbishopricke whilest Robert the Archb. was in life 2 That he receiued his Pall from Benedict the fifth who for buying the Papacie had bene deposed 3 That hee kept the Sea of Winchester in his handes after his inuestiture into the Sea of Canterburie He was otherwise also infamous in life altogether vnlearned of heauie iudgement and vnderstanding sottishly seruiceable both to pleasure and sloath in couetousnesse beneath the basenesse of rusticitie insomuch as he would often sweare that he had not one penie vpon the earth and yet by a key which hee did weare about his necke great treasures of his were found vnder the ground And this was a griefe and sicknesse to honest mindes that such spurious and impure creatures should susteine or rather destaine the reuerence and maiestie of Religion Further the King caused all the Monasteries and Abbeys to be searched pretending that the richer sort of the English had layd vp their money in them vnder colour whereof he discouered the state of all and bereaued many of their owne treasure Some of these Religious houses he appropriated wholly to himselfe of diuers others he seized the liberties which they redeemed afterward at a very high and excessiue rate Those Bishopricks and Abbeis which held Baronies and had bene free before from secular subiection he reduced vnder the charge of his seruice appointing how many Souldiers and of what sort they should furnish for him and his successours in the time of their warres Those strangers which he entertained in pay he dispersed into Religious houses and some also among the Nobilitie to be maintained at their charge whereby he not onely fauoured his owne purse but had them as a watch and sometimes as a garrison ouer those of whose alleageance he stood in doubt Now against the inferiour sort of people knowing right well that hee was generally hated hee prepared these remedies for his estate All their armour was taken from them they were crushed downe with change of calamity which held them prostrate vnder yoke and brake the very heart of their courage leauing them no hope to be relieued no hope to rise into any degree of libertie but by yeelding entire obedience vnto him Those who either resisted or fauoured not his first entrance he bereaued of all meanes afterward to offend him holding them downe and keeping them so lowe that their very impotencie made him secure All such as had their hand in any rebellion albeit they were pardoned their liues lost their liuings and became vassals to those Lords to whom their possessions were giuen And if they attained any thing afterward they held it onely at the pleasure of their Lords at the pleasure of their Lords they might bee despoyled Hee much condemned the iudgement of Swanus the Dane sometimes King of England who permitted those whom hee had vanquished to retaine their former both authoritie and estates whereby it happened that after his death the inhabitants were of force to expell the strangers and to quit themselues both from their societie and subiection Hereupon many seuere lawes were made diuers of all sorts were put to death banished stripped of their wealth disabled in their bodies by vnusuall variety of punishments as putting out the eyes cutting off the hands and such like not onely to diminish his feares if they were suspected but sometimes if they were of
most capitall offence in the eye of enuie of Lanfrank Archbishop of Canterburie by means whereof many of the conspirators liued in farre meaner reputation then their ambitious minds could easily breake but chiefly it was vpon a more particular grudge which Odo did beare against the same Lanfranck because by his perswasion Odo had been committed to prison by King William the elder For when the King complained to Lanfranck of the intolerable both auarice and ambition of his brother Odo the Archbishop gaue aduise that hee should bee restrained of his libertie And when the King doubted how he being a Bishop might be committed to prison without impeaching the priuiledges of the Church indeede answered Lanfranck you may not imprison the Bishop of Baion but you may doe what you please with the Earle of Kent The publike and open pretenses were these Robert Duke of Normandie had the prerogatiue of birth which being a benefit proceeding from nature could not bee reuersed by his fathers acte He had also wonne a most honorable reputation for his militarie vertues and had by many trauels of warre wasted the wilde follies of youth Hee was no lesse famous for courtesie and liberalitie two most amiable ornaments of honour being so desirous that no man should depart discontented from him that he would oftentimes promise more then hee was able to performe and yet performe more then his estate could expediently afford As for K. William besides that he was the yonger brother his nature was held to be doubtfull and suspect and the iudgement of most men enclined to the worst And what are we then aduantaged said they by the death of his father if whom he hath fleeced this shall flay if this shall execute those whom he hath fettered and surely bound If after his seuerities that are past wee shall be freshly charged with those rigours which tyrants in the height and pride of their Fortune are wont to vse And as stronger combinations are alwayes made betweene men drawne together by one common feare then betweene those that are ioyned by hope or desire so vpon these iealousies and feares accompanied also with vehement desires the Confederats supposed that they had knit a most assured league Now it happened that at the time of the death of William the elder Robert his eldest sonne was absent in Almaine and at once heard both of the death of his father and that his brother William was acknowledged to be King Hereupon in great hast but greater heat both oâ—… anger and ambition he returned into Normandie and there whilest he was breathing foorth his discontentment and desire of reuenge he receiued a message from the Confederats in England that with all speed hee should come ouer vnto them to accomplish the enterprise to furnish their forces with a head that they had no want of able bodies they wanted no meanes to maintaine them together they wanted onely his person both to countenance and conduct them The Duke thought it no wisdome to aduenture himselfe altogether vpon the fauour and faith of discontented persons and he had bene so loosely liberall before that he was vnprouided of money to appoint himselfe with any competent forces of his owne Hereupon he pawned a part of Normandie to his brother Henry for waging Souldiers many also flocked voluntarily vnto him vpon inducement that hee who of his owne nature was most liberall full of humanitie would not faile both of pay and reward vnlesse by reason of disabilitie want In the meane time the Confederats resolued to breake forth in Armes in diuers parts of the Realme at once vpon conceit that if the King should endeuour to represse them in one place they might more easily preuaile in the other And so accordingly Odo fortified and spoiled in Kent Geoffrey Bishop of Exceter with his nephew Robert Mowbray Earle of Northumberland at Bristow Roger Montgomerie in Northfolke Suffolke and Cambridgeshire Hugh de Grandmenill in Leicestershire and Northamptonshire William Bishop of Durhame in the North parts of the Realme diuers others of the Clergie and Nobilitie in Herefordshire Shropshire Worcestershire and all the Countreys adioyning to Wales And as in time of pestilence all diseases turne to the plague so in this generall tumult all discontentments sorted to Rebellion Many who were oppressed with violence or with feare many who were kept lower either by want or disgrace then they had set their mounting minds adioyned daily to the side and encreased both the number and the hope And thus was all the Realme in a rumous rage against K. William who wanted neither courage to beare nor wisdome to decline it And first hee endeuoured by all meanes to make the English assured vnto him And albeit few of them were at that time in any great place either of credite or of charge but were all wounded by his fathers wrongs yet for that they were the greatest part he made the greatest reckoning of them For this cause hee released many English Lords who had bene committed to custodie by his father He composed himselfe to courtesie and affabilitie towards the people and distributed much treasure among them But especially hee wanne their inclination by promises of great assurance to restore vnto them their ancient lawes to ease them of tributes and taxations and to permit them free libertie of hunting which being their principall pleasure and exercise before was either taken away or much restrained from them by King William the elder Herewith he applied himselfe to appease the mutinous minds of his Nobilitie to seuer the Confederats to breake the faction to diuide it first and thereby to defeat it To this purpose he dealt with Roger Montgomerie who next vnto Odo was a principall both countenance and strength to the reuolt he dealt also with diuers others inferiour vnto him in authority and degree that he could not coniecture for what cause they were so violent against him did they want money His fathers treasure was at their deuotion desired they encrease of possessions they should not be otherwise bounded then by their owne desires that hee would willingly also giue ouer his estate in case it should be iudged expedient by themselues whom his father had put in trust to support him that they should doe wel to foresee whether by ouerthrowing his fathers iudgement in appointing the kingdome vnto him they should not doe that which might be preiudiciall to themselues for the same man who had appointed him to bee King had also conferred vnto them those honours and possessions which they held Thus sometimes dealing priuately with particulars and sometimes with many together and eftsoones filling them with promises and hopes and that with such new vehemencie of words as they beleeued could not proceede from dissembled intents he so preuailed in the end that hereby and by example of some inducing the rest Roger Montgomerie and diuers others were reconciled to the King in whom was thought to rest no smal matter to hold
King William the second was in Palestina when King William was slaine being one of the principal leaders in that Heroical warre which diuers Christian Princes of Europe set vp to recouer Hierusalem out of the power and possession of the Saracens In this expedition hee purchased so honourable reputation for skill industrie and valour of hand that when the Christian forces had surprised Hierusalem and diuers other Cities in those quarters the kingdome thereof was offered vnto him But the Duke whether he coniectured the difficulties of that warre for that the enemie was both at hand and vnder one command but the Armie of the Christians was to be supplied from farre and also consisted of many Confederats In which case albeit sometimes men performe well at the first yet in short time inconueniences encreasing they alwayes either dissipate and dissolue or else fall into confusion Or whether he heard of the death of his brother to whose Kingdome he pretended right as well by prerogatiue of blood as by expresse couenant betweene them confirmed by oath refused the offer which was the last period of all his honour and in short time after tooke his iourney from Palestine towards France But Henry the Kings yonger brother apprehending the opportunitie of the Dukes absence did foorthwith seaze vpon the treasure of the King and thereby also vpon his State and so was crowned at Westminster vpon the second day of August in the yeere 1100. by Maurice Bishop of London because Anselme Archb. of Canterburie was then in exile This enterprise was much aduanced by the authoritie and industrie of Henry Newborow Earle of Warwicke who appeased all opposition that was made against it The people also albeit they had bene managed so tame as easily to yeeld their backe to the first sitter yet to Henry they expressed a prone inclination for that hee was borne in England at a place called Selby in Lincolneshire since his father was crowned King whereas Duke Robert his brother was borne before his father attained the kingdome This serued Prince Henry not onely to knit vnto him the affections of the people but also to forme a title to the Crowne For it hath bin a question often debated both by Arguments and by Armes and by both trials diuersly decided when a king hath two sonnes one borne before he was King and the other after whether of them hath right to succeed Herodotus writeth That when Darius the sonne of Hysdaspis King of Persia made preparation for warre against the Graecians and Egyptians he first went about to settle his succession because by the Lawes of Persia the King might not enter into enterprise of Armes before he had declared his successour Now Darius had three children before he was King by his first wife the daughter of Gobris After he was King he had other foure by Atossa the daughter of Cyrus Artabazanes or as other terme him Arthemenes was eldest of the first sort Xerxes of the second Artabazanes alleaged that he was the eldest of all the Kings sonnes and that it was a custome among all nations That in principalities the eldest should succeed Xerxes alleaged that he was begotten of Atossa the daughter of Cyrus by whose valour the Persians had obteined their Empire Before Darius had giuen sentence Demaratus the sonne of Aristo cast out of his kingdome of Sparta and then liuing an exile in Persia came vnto Xerxes and aduised him further to alleage that he was the eldest sonne of Darius after hee was King And that it was the custome of Sparta that if a man had a sonne in priuate state and afterwards another when he was King this last sonne should succeed in his kingdome Vpon this ground Artabazanes was reiected and Darius gaue iudgement for Xerxes This history is likewise reported by Iustine and touched also by Plutarch although they disagree in names and some other points of circumstance So when Herode King of Iudea appointed Antipater his eldest sonne but borne to him in priuate state to succeed in his Royaltie and excluded Alexander and Aristobulus his yonger sonnes whom he had begot of Mariamne after he had obteined his kingdome Iosephus plainly reprehendeth the fact and condemneth the iudgement of Herode for partiall and vniust So Lewes borne after his father was Duke of Milane was preferred in succession before his brother Galeace who was borne before And so when Otho the first was elected Emperour his yonger brother Henry pretended against him for that Otho was borne before their father was Emperour and Henry after In which quarrell Henry was aided by Euerharde Earle Palatine and Giselbert Duke of Lorreine with diuers other Princes of Almaine But when the cause came to be canuased by the sword the victorie adiudged the Empire to Otho Furthermore this right of title seemeth to be confirmed by many grounds of the Imperial Law As that sonnes borne after their father is aduanced to a dignitie doe hold certaine priuiledges which sonnes formerly borne doe not enioy That those children which are borne after a person is freed from any infamous or seruile condition doe participate onely of that libertie and not they who were borne before That if a man taketh a wife in the Prouince wherein he holdeth office the mariage is good if after the time his Office shall expire they continue in the same consent but so that the children borne before shall not be thereby helde for legitimate That those children which are borne after their father is honoured with the title of Clarissimus do enioy the rights due vnto that degree of dignitie and not they who were borne before That as a sonne borne after the father hath lost his kingdome is not esteemed for the sonne of a King so neither hee that is borne before the father be a King And although these and diuers like passages of Law commonly alleadged doe seeme little or nothing pertinent to this purpose for that they concerne not any vniuersall right of inheritance which is due vnto children after the death of their parents but certaine particular piuiledges and rights attributed vnto them whilest their parents were in life which for the most part are arbitrarie and mutable as depending vpon the pleasure of the Prince Yet many Interpreters of both Lawes haue bene drawen by these reasons to subscribe their iudgements for this kind of Title and namely Pet. Cynus Baldus Albericus Iac. Rebuffus Luc. Penna Also Panormitane Collect. Dynus Franc. Cremen Marti Laud. Card. Alexander Phil. Decius Alceat Bon. Curti. And lastly Anton. Corsetta deliuereth it for a common receiued and followed opinion Which must be vnderstood with this distinction if the kingdome be either newly erected or else newly acquired by Conquest Election or any such title other then by hereditarie succession according to proximitie in blood For if the kingdome bee once