afterward King Stephen and then Robert Duke of Gloucester King Henry's natural Son Anno. 31. Regni sui Rex Henricus rediit in Angliam c. In the thirtyfirst year of his Reign King Henry returned into England and the Empress also and in a great Assembly of the Nobility or Great Men at Northampton those which had sworn before renewed their Oath and those that had not did then swear or give their Faith unto her King Henry died in the Thirty fifth year of his Reign Ibid. b. n. 30. and in his Sickness being asked by Robert Earl of Gloucester and the Nobleman that were then with him about a Successor a quibus de successore interrogatus filiae omnem terram suam citra ultra mare legitima perenni Successione adjudicavit he gave all his Lands every where to his Daughter as to his Lawful Successor After the death of King Henry Ibid. f. 101. a. lin 5. which happen'd upon the first of December that year the Empress Robert Earl of Gloucester with most of the Noblemen delay'd their return for England whereas Stephen made all the haste he could and by the readiest Passage being come the Londoners and People of Winchester own him a King Ibid. n. 10. And he drew unto him Roger Bishop of Salisbury and William de Pont Larch Keeper of the King's Treasure But all his Endeavars had come to nothing Ibid. n. 20. if his Brother Henry Bishop of Winchester and at that time the Pope's Legat had not been his best Assistant William Archbishop of Canterbury required of him an Oath That he would restore and preserve the Liberties of the Church and the Bishop of Winchester became his Suretyâ— for the doing of it He was very sweet in his Promises but they wanted performance He was Crowned the 22 of December there being present only three Bishops the Archbishop the Bishops of Winchester and Salisbury no Abbats and but few Noble or Great Men. Ibidem Coronatus est ergo in regem Angliae Stephanus undeciâ—o Calendâ—â— Januarii 1135. tribus Episcopis prasentibus Archiepiscopo Wintoniensi Saresberiensi nullâ— Abbatibâ—s pancissimus Optimatibus Ibid. n. 40. Having made the Treasurers of his Party he immediately became Master of the Treasure which was near 100000 l. in ready Money besides Gold and Silver Vessels of great weight and inestimable value Having so great Treasure he could not want Assistants Ibidem hanc copiâ—m Gazarum habenti auxiliatores dâ—esse non poterant especially being very profuse in his Gifts All sorts of Soldiers stock'd to him out of Flanders and Britany most notorious Plunderers Ibid. n. 50. and cruel People who robbed Churches and pulled Men of Religious Orders from their Horses and imprisoned them without regard Erat genus hominum rapacissimum violentissimum qui nil pensi haberent vel caemeteria frangere vel Ecclesias expilare Religiosi quinetiam ordinis viros non solùm equis proturbare sed etiam indigenae militer c. Ibidem Neither were Strangers only but home-bred Soldiers or Knights who hated Times of Peace toward the end of King Henry's Reign because then they lived meanly easily brought to his Party raising thereby their Fortunes from the Loss and Ruin of the People Ibid. b. lin 2. Ibid. lin 3 4. Provineialium dispendio suas fortunas urgentes Further Stephen when he was Earl by his easie and jocular Conversation and his Familiarity with ther meanest Persons had wonderfully gain'd the Affections of the People Ibid. lin 5. so that all the Noblemen of England came readily in to him In the mean time the wise Earl of Gloucester was folic ous how he might shew them their Faults and by Discourse bring them back to a better Opinion for there was nothing to be attempted by Force Ibid. lin 7. for the Causes before mentioned nor was it free for him to come into England unless for a time he could dissemble and appear as if he were a Party in the Defection quasi defectionis eorum particeps wherefore he did Homage to the King upon Condition Ibid. n. 10. that is to say so long as he kept his Dignity entire and performed his Agreement and Covenants scilicet quamdiu ille dignitatem suam integre custodiret sibi pacta servaret For long before he knew the Temper of the King and foresaw the Instability of his Faith spectato enim jamdudum regis ingenio instabilitatem fidei praevidebat In the same Year Ibidem not much after the coming of the Earl the Bishops sware Fealty to the King so long as he should preserve the Liberty and strict Discipline of the Church Ibid. n. 20. 30. which he then swore to do according to his Charter that consists mostly of Privileges granted to the Clergy and is there repeated and is dated 1136 in the first Year of his Reign But the Historian says He disdain'd to put the Names of the Witnesses which were many because he changed all things so perversly as if he had only sworn that he might shew the whole Kingdom he had sworn to what he never intended to perform Ibid. n. 40. nomina Testium qui multi fuêrunt apponere fastidio quia pene omnia ita perperam mutârunt quasi ad hoc tantum jurâsset ut praevaricatorem sacramenti se regno toti ostenderet In this Grant he says he was chosen King by the Clergy and Laity crowned by William Archbishop of Canterbury and afterwards confirmed by Pope Innoeent the Bull of which Confirmation may be seen in the History of Richard Prior of Hagulstad col 313. n 30. The Witnesses to his Charter or Grant were most of the Bishops Earls and Noblemen and all Normans and may be found in the same History Col. 314. n 60. This is the true History how Stephen came to be King taken from William of Malmsbury who lived and wrote at the very time these things were done and wrote them at the Request of Robert Earl of Gloucester The Author's Words p. 20. The first Observation upon his own History of Maud's Title and Stephen's coming to the Crown before noted is That if it hold that an Oath was first taken to Maud by the Bishops and Nobility and afterwards to King Stephen an Oath of Allegiance may cease without Discharge from the Party to whom it was made and so the Archbishop of Canterbury and the Bishops of Winchester and Salisbury as well as the Nobility thought themselves at liberty to take a new Oath of Allegiance without a Release from the Party concerned in the former Oath What may be said to this 'T is not to be doubted but the Author knows what Religion was profest in this Nation at that time and only that and knows also those of that Persuasion did and do believe the Head of their Church had and hath Power to make an Oath cease without discharge from the Party to whom it
is made And so the three Bishops thought themselves at liberty to take a new Oath of Allegiance without a Release from the Party concern'd in the former Oath when they had his Authority and that they so had is manifest from the following brief Narrative Stephen was crowned on the Eleventh of the Kalends of January Ibid. f. 101. a. n. 20. Ibid. n. 40. Ibid. b. n. 10. or 22 of December and the Earl of Gloucester came into England after Easter next following and it was after his coming that the Bishops sware Fealty to Stephen Eodem anno non multùm post adventum Comitis juravêrunt Episcopi Fidelitatem regi c. at which time he also swore to preserve the Liberty and strict Discipline of the Church as they were drawn up in a Charter or Grant in which the Pope's Confirmation of his Title is mentioned the beginning whereof runs thus Ego Stephanus Dei gratiâ Ibidem assensu Cleri Populi in Regem Angliae electus a Domino Wilielmo Archiepiscopo Cantuariae Sanctae Ecclesim Romanae Legato consecratus ab Innocentio Sanctae sedis Romanae Pontifice postmodum confirmatus c. I Stephen by the Grace of God by the Assent of the Clergy and People chosen King of England crowned by William Archbishop of Canterbury and the Legat of the Roman See who was his Brother and confirmed by Pope Innocent c. And notwithstanding he was at first set up by the Fraud and Artifice of three or four Persons and the Bishops especially who then govern'd the Nation and that he immediately forced himself upon the then Norman Government by an Army of Foreigners plundring and cruel Flemmings and Britans and home-bred Norman Soldiers that knew not how to live as appears by the History before-recited yet the Archbishops and Bishops suggested to to the Pope Richard Prior of Hagustald or Hextiam Col. 313. n. 30 40 c. in the Body of the Bull. That after the Death of King Henry Religion in England was disturbed turbata est religio in regno Angliae nullum mandatum pacis seu justitia in adjutorio regali vigebat and there was no Royal Command for either Peace or Justice and that the greatest Wickednesses were committed with impunity atque atrocitatem tantorum scelerum comitabatur impunitas and that for the putting a stop to such Evils Stephen was chosen King communi voto unanimi assensu tam procerum quam etiam populi by the common Vote and unanimous Assent of the Great Men and People and crowned by the Bishops and all this was testified by the Letters or Instruments of the Archbishops and Bishops of the Countrey and the Lovers of the Holy Romane Church the glorious King of France and illustrious Earl †This was Theobald Earl of Blois Stephen's eldest Brother Theobald Qâ—emadmodum venerabilium fratrum nostrorum Archiepiscoporum earundem Regionum Amatorum Sanctae Romanae Ecclesiae gloriesi Francorum Regis illustrius Viri Comitis Theobaldi scripta testantur Then upon this recounting the Suggestions the Pope and Title-Maker says Nos cognoscentes Vota tantorum Virorum in personam tuâ—m praecunte divina Gratia convenisse c. We knowing the Votes of such great Men to have concurr'd in the Choice of thy Person by the Guidance of Divine Grace And for these things and his promise of Obedience and doing Honour to St. Peter he confirms whâ—t had been done and grants him the same Honour and Prerogative he had granted to his Predecessor Henry This Bull of Confirmation was directed to King Stephen Innocentius Episcopus c. carissimo in Christo filio Stephano illustri Anglorum regi salutem Apostolicam benedictionem From the precedent Narrative it is evident the Bishops sollicited this Bull of Confirmation and obtained it before they sware Fealty to King Stephen though upon false Suggestions However the Pope knew he was chosen by the Guidance of Divine Grace and the Bishops and Nobility believed him to be infallible or at least had such a D ference to his Confirmation of Stephen that they took themselves to be discharged and released fâ—om their Oaths made to Maud for if this Confirmation was valid her Title was made null and void Maâ—msb f. 108. a.n. 40 50. That such as favour'd Stephen own'd his Title from the Pope it is evident from his Brother the Legat's Speech who left Stephen and adhered to Maud and then revolted from her to him again when he called a Council at Westminster by his Legantine Power wherein chiding Letters from the Pope were read because he had not delivered his Brother Stephen then in Prison in which he was exhorted to do it either by Ecclesiastical or Secular Power After the reading whereof he made a Speech in excuse of his faithless Actions and commanded those present on bâ—hâ—lf of God and the Pope ex parte Dei Apostolici that they should aid the King with their utmost Power who was anointed by the Will of the People and Assent of the Apostolick See voluntate populi assensu Apâ—stolicae sedis inunctum and to excommunicate all Perturbers of the Peace that favoured the Dutchess of Anjou i. e. Maud. If the Author had understood this he would scarcely have ventured upon this Instance to have confirmed his Opinion about the Release and Discharging of Oaths The Words of the Author p. 23. Secondly That upon the Agreement between King Stephen and Henry II. Mâ—â—d her self was set aside and Stephen was to continue King for his Life and Henry II. to succeed him Now if Oaths of Allegiance must not be interperted by the publick Good here are insuperable Difficulties as to the Obligations of these Oaths for the Allegiance was transferred from the right Heir to an Vsurper as Stephen must be owned to have been by thâ—se who deny that Allegiance can be transferred from the right Heir And they must continue Allegiance to the Vsurper for his Life which is repugnant to the nature of our Constitution if it be founded in a Lineâ— and Legal Succession And again Maud to whom they had sworn is set aside and the Reversion of the Crown it entailed on her Son although she was living What may be replied to this The insuperable Difficulties have been overcome before in the Discourse about the Pope's Confirmation of King Sâ—ephen As to Maud's having been set aside it shall be considered in the last Paragraph of this Instance and also something more said of this Publick Good which brought on this Agreement and what it was but it must needs be so because done by the Common-Council of the Nation The Author's Words in the same Page A. 1153. Paris ibid. Matt. Westm and Paris say The Right of King Henry II. was declared by King Stephen in conventu Episcoporum aliorum de regno Optimatum which was the Dâ—scription of a Parliament at that time for as yet the Baronage represented
the Nation which shâ—ws how far the publick Good was thought to be the Measure of the Obligation of these Oaths Gâ—â— Newburgeâ—sis saith L. 1. c. 30. the Bâ—num publicum was the Foundation of this Agreement A. 1153. And M. Westminster that the King and Lords did all swear to it and a solemn Charter was made of it and kâ—pt in a most secure place HISTORY M. W stm A. D. 1153 f. 246. n. 10 Diligentia Theobaldi Archiepiscopi Cantuartensi Episcoporum râ—gni Rex Anglorum Stephanus D x Nâ—â—mannorum Hâ—nricus apud Waâ—ingford talem concordiam inierunt c. By the D ligence of Theobald Archbishop of Canterbury and the Bishops of the Kingdom the following Agreement was made between King Stephen and Henry Duke of Normandy at Walingford King Stephen not having an Heir except only Duke Henry did acknowledge in an Assembly of the Bishops and other chief Men of the Kingdom that Duke Henry had the hereditary Right to the Kingdom of England and the Duke kindly granted that King Stephen should during his Life peaceably enjoy his Kingdom The Agreement was so co firmed that the King him elf and the Bishops then present with the rest of the best Men of the Kingdom sware that Duke Henry after the Death of the King if he should outlive him should enjoy the Kingdom without all Contradiction Oâ— which Agreement there was a Charter made which was kept in a most secure place Ibid. n. 20. This is what the Historian hath in both places cited by the Author The whole Charter is in Brompton Brompton col 1037. n. 60. and begins thus Stephanus Râ—x Angliae Archiepiscopis Episcopis Abbatibus Comitibus Justitiariis Vicecomitibus Bâ—ronibus omnibus fidelibus suis salutem Sciatis quod Ego Rex Stephanus Henricum Ducem Normanâ—â—ae post me Successorem regni Angliae hae edem meum jâ—re haereditario constitus sic e haeredibus suis regnum Ang iae donavi consiâ—mavi Dâ—x vero propter hunc honorem Donationem Confirmationem sibi a me factam Homagio michi Sacramento securitatem fecit scilicet qâ—od fidelis mâ—chi erit vitam honâ—rem meum pro suo posse custodiet per Convâ—ntiones inter nos praelocâ—tas quae in hac Charta continentur Stephen K ng of England c Know ye that I have appointed Henry Duke of Normandy Successor of the Kingdom of England after me and my Heir by hereditary Righâ— and so have given and confirmed the Kingdom of England to him and his Heirs For which Honour Donation and Confiâ—mation made by me to him he gave me Security by Homage and Oath that he would be faithful to me and preserve my Life and Honour to the utmost of his power according to the Agreements made by us which are contained in this Charter Neubrigensis speaking of this Treaty says L. 1. c 30. p. 104. In Paris Ed. 1610. Pâ—acuâ—t inter eos that is the King and Duke solemne salubre colleqâ—ium celebrari ubi amicis mediantibus circa bonum publicum pia prudenti provisione satagentibus pâ—x inter eos caute formata solide firmata est Tâ—ey agreed to have a solemn and wholsome Treaty where by the Mediation of Friends having a pious and prudent respect to the common Good a Peace was warily made and solidly confirmed Ibidem p. 105. Quibus Deo propitio salâ—briter actis Rex Angliam Anglia pacem recepit annis enim jamplurimis fere nudo regis nomine insignis tunc recipere visus est hujus rem nominis quasi tunc primo regnare coepit quia tunc primo purgata Invasionis Tyrannica macula legitimi principis justitiam induit Which things being done by God's Assistance the King received England and England received Peace for having had the bare name of King for many Years now he enjoyed the thing it self and began then first to reign because then the Blot of Tyrannical Invasion being first wiped out he exercised the Justice of a lawful King The Author 's further Words about this Accord p. 22. And thus the Oaths of Allegiance were continued to one that had no Right for his Life and made to one who predended to no R ght but after his Mother who was set aside in this Agreement for we never read that she was present at the Agreement or resigned her Right to the Crown So that here were three Oaths of Allegiance at once that to Maud the Empress that to King Stephen and to Henry II. and yet the general Good of the Nation must give an equitable Sense of these Oaths or there must be Perjury on all sides The Answer to what the Author says about this Agreement and the Exclusion of Maud c. By this Accord it was owned by King Stephen Bishops and Barons which were then the Parliament or Colloquium as the Author confesseth that thâ— hereditary Right was in Duke Henry and he granted that King Stephen during his Life should peaceably enjoy his Kingdom And if the Right was in Henry might he not recede from it if he pleased And the Agreement says he did during Stephen's Life This Retrocession made the Bishops and Barons Oaths to the Agreement lawful and if he had not some testimony of a Cession or Resignation by and from his Mother though not mentioned in the Agreement this Convention could not upon Stephen's Acknowledgment only have own'd his hereditary Right upon Oath And that by Cession or some other way she did quit and leave her Right to govern to her Son 't is most probable from what follows Mâ—nd the Empress Malmâ—b f. 104. a.n. 10. upon the death of her Father and the Invasion of Stephen on the 30â—h of September in the Year 1139 came into England with her Brother Robert and managed the War against him in her own Person her Son being but a Child He was born A.D. 1133. and her Husband engaged in the Defence of Normandy Anjon c. against the King of France Her three great Supports were her half Brother Robert Earl of Gloucester Ranulph Earl of Chester and Milo Earl of Hereford the last Chaon Gervas Col. 1359. n. 10 Col. 1361. n. 10. Col. 1362. n. 10. lin 1. to her very great Grief died in the Year 1143. the second made his Peace with King Stephen 1145. and the first Robert Earl of Gloucester died in the beginning of November in the Year 1146. of an high Fever after he had sent Henry then being about thirteen Years of Age over to his Father into Normandy After the loss of these Friends and Supports the Empress Ibidem Col. 1363. lin 1. wearied out with these Commotions and Wars in England before Lent in the Year 1147. passed over into Normandy chusing rather to live there with her Husband in Peace than undergo so many Troubles In the Year 1149. Ibidem Col. 1366.
n. 30. Col. 1367. n 30. Chr. Norm f. 984 B.C. A. D 1150 M Wâ—stin eod An. Henry came into England with an Army in the Month of May and returned into Noâ—mandy in the beginning of January next following without Success In the Year 1150. Henry took possession of his Mother's Inheritance haereditatem matris the Dukedom of Normandy and did Homage to Lewâ—s King of France for it his Father Geofrey being present both when he took Possession and did Homage and they returned together from Paris rejoicing and no doubt if they two were so well pleased with what had been done the Mother could not be dissatisfied nor could it be done without her Consent Ibidem D. A. D. 1150 On the 7th of September his Father Geofrey died and gave to Henry Dâ—ke of Normandy his eldest Son the Earldom of Anjou Henrico Duci Normanniae primogenito suo concessit Comitatam Andegavensem Chr. Gerv. Col. 1372. n. 30. The old Historians began the Yâ—ar at Christmas In the Year 1153. Duke Henry all things being quiet beyond Sea came with some Forces into England on the 1st of January His Câ—ming was no sooner known but the Earls and great Men flocked to him and upon the 8th of the same Month the Year following the Agreement was made between King S ephen and Duke Henry Matth. Westminster says it was made A. D. 1153. Chr. Norm f 1101. D A. D. 1166 From the time Maud the Empress left England in the Year 1147 she is not so much as mentioned by any Historian until the time of her death which was on the 4th of the Ides or 10th of September 1166. From these Particulars 't is most probable if not certain that she was satisfied with and consented to this Agreement either at the time it was made or by Cession from the Kingdom and Government by relinquishing it and leaving the whoâ—e Management to her Son who was now Duke of Normandy Earl of Anjou Ibid. f. 985. C. and in Right of his Wife Alienor Duke of Aquitain and being now above twenty Years of Age fit for Action When he came for England she was in her declining Age her Years being then about fifty and fixing her Mind upon Works of Charity she spent the rest of her Days in performing of them Ib. f. 1101. D. for she built three Monasteries in Normandy one of Cistersians in the Country of Caux another of Canons near Cherburgh and a third of Canons in the Forest of Goser and for the building of the Stone Bâ—idge of Rhoven over the River Seyn which had been begun by her she gave a great Summ of Money She was a Woman of a very brisk and high Spirit as appears by her Actions in England and after she left it she lived nineteen Years and twelve or thirteen after her Son was King So as if she had not relinquished her Right to England as she had done about three Years before this Agreement to Normandy the Historians could not have been so silent concerning her So that from hence 't is evident that such as had taken the three Oaths were safe for upon Maâ—d's Cession or relinquishing her Right the Obligation of the Oath made to her ceased Then the Oath made to Stephen seeing it was done by the Consent of Henry who had the Right became lawful And thirdly Theâ—e can be no Scruple about the Legality of the Oath made to H nry who upon the Cession of his Mother had the hereditary Right and this is suggested and owned in the Agreement But the Author says The general Good of the Nation must give an equitable Sense of these Oaths or there must be Perjury on all sides What could this general Good then be It could not be the Publick of the Nation in a true sense for the Buâ—k and Body of the People were English Saxons for though the Normans had taken away their Estates and made them Slaves as appears by Dooms-day-Book and the black Book in the Exchequer yet we read not that they massacred or murthered them And what general Good did they receive by or what equitable Sense did or could what was general Good to them give to the Normans Oaths For all the Bishops and Noblemen that took these Oaths were Normans All the Bishops Earls and Barons that were Witnesses to the Instrument of Agreement and sware to it in number thirty seven were Normans except Geofrey of Monmuth a Welshman or Britain then Bishop of St. Asaph That England was an Habitation of Strangers meaning the Normans and governed by Foreigners Malms f. 52. a. n. 40. Malmâ—bury wrote at this time and says when he wrote there was no natural Englishman a Duke that is a great or leading Man a Bishop or an Abbot all sorts of Outlandish-men devoured the Riches and Bowels of England nor was there any hopes this Misery would have an end Anglia facta est exterorum habitatio alieniginarum dominatio nullus hodie Anglus vel Dux vel Pontifex vel Abbas Advenae quique divitias viscera corrodunt Angliae nec ulla spes finiendae miseriae And in another place speaking of the Battle of Hastings he says Ibid. f 57. a. n. 30. That was the fatal Day to the English the lamentable Destruction of his sweet Country by its receiving new Lords and Masters Illa fuit dies fatalis Anglis funestum excidium dulcis patriae pro novorum Dominorum commutatione Let the Author tell the World how the general Good of a Nation that were miserable People and Slaves could give an equitable Sense of their Conquerors and cruel domineering Masters Oaths Let him shew how the general Good of any Nation can give an equitable Sense to the Oaths of such Men who were educated in Perjury Rapine Murther and and all sorts of Barbarities and Wickedness whose Gain and Advantage was the Measure of all their Actions In the Year 1104 or 1105 notwithstanding all the great Normans had swore Fealty to their true and lawful Duke Robert yet when Henry came from England with good store of Money they ran after him and delivered to him Castles and fortified Towns Eadmer f. 80. lin 1. A D. 1104. Hoved. f. 289 b. n. 30 A. D. 1105 Anno millesimo centesimo quinto Rex Anglorum Henricus transiit mare omnes autem pene majores-Normannorum ad ejus adventum spreto comite Domino suo cui fidelitatem juraverant in aurum argentum regis quod ipse de Anglia portaverat cucurrerunt eique castra munitasque civitatis tradiderunt It was the way in Normandy and from thence brought hither when any Earl or great Man found himself grieved by another injured or highly affronted they frequently got together all their Men at Arms their other Tenants and poor Dependants and as much Assistance from their Friends and Confederates as they could and burnt one anothers Castles or Houses destroyed their Lands and small Territories and