vnderstanding the fire thus kindled in his owne house that had set others all in combustion hastes with forces into Normandie to haue surprized his sonne who aduertised of his comming furnisht with 2000. men at armes by the King of France lay in ambush where hee should passe sets vpon him defeited most of his people and in the pursuite hapned to incounter with himselfe whom he vnhors'd and wounded in the arme with his Launce but perceauing by his voice it was his father he hasted to remounte him humbly crauing pardon for his offence which the father seeing in what case he was granted howsoeuer he gaue and vpon his submission tooke him with him to Rouen whence after cured of his hurt hee returned with his sonne William likewise wounded in the fight into England Long was it not ere he was againe inform'd of his sonnes remutyning and how hee exacted vpon the Normans vsurpt the intire gouernment and vrged his fathers promise thereof made him before the King of France vpon his Conquest of England which caused his litle stay heere but to make preparatiōs for his returne into those parts whether in passing he was driuen on the Coast of Spaine but at length ariuing at Burdeaux with his great preparations his sonne Robert came in and submitted himselfe the second time whom hee now tooke with him into England to frame him to a better obedience imploying him in the hard and necessitous warres of Scotland the late peace beeing betweene the two Kings againe broken and after sent him backe and his yong sonne Henry with the association of charge and like power but of more trust to the gouernment of Normandie After the two Princes had beene there a while they went to visite the King of France at Conflance where feasting certaine dayes vpon an after dinner Henry wanne so much at chesse of Louis the Kings eldest sonne as he growing into choller called him the sonne of a Bastard and threw the Chesse in his face Henry takes vp the Chesse-bord and strake Louis with that force as drew bloud and had killed him had not his brother Robert come in the meane time and interposed himselfe Whereupon they suddenly tooke horse and with much adoe they recouered Pontoise from the Kings people that pursued them This quarrell arising vpon the intermeeting of these Princes a thing that seldome breeds good bloud amongst them re-inkindled a heate of more rancor in the fathers and beganne the first warre betweene the English and French For presently the King of France complots againe with Robert impatient of a partner enters Normandie and takes the Citie of Vernon The King of England inuades France subdues the Countrie of Zaintonge and Poictou and returnes to Rouen where the third time his sonne Robert is reconciled vnto him which much disappoints and vexes the King of France who thereupon summons the King of England to do him homage for the kingdome of England which he refused to do saying he held it of none but God and his sword For the Duchie of Normandie he offers him homage but that would not satisfie the King of France whom nothing would but what he could not haue the Maistery and seekes to make any occasion the motiue of his quarrell and againe inuades his territories but with more losse then profite In the end they conclude a certaine crazie peace which held no longer then King William had recouered a sicknes whereinto through his late trauaile age and corpulencie he was falne at which time the King of France then yong and lustie ieasting at his great belly whereof hee said he lay in at Rouen so irritated him as being recouered he gathers all his best forces enters France in the cheifest time of their fruites making spoile of all in his way till he came euen before Paris where the King of France then was to whom he sendes to shew him of his vp-sitting and from thence marched to the Citie of Mants which he vtterly sackt and in the distruction thereof gate his owne by the strayne of his horse among the breaches and was thence conueyed sicke to Rouen and so ended all his warres NOw for his gouernment in peace and the course he held in establishing the kingdome thus gotten first after he had represt the conspiracies in the North and well quieted all other partes of the State which now being absolutely his he would haue to be ruled by his owne law beganne to gouerne all by the Customes of Normandie Whereupon the agreeued Lordes and sadde people of England tender their humble petition beseeching him in regard of his oath made at his Coronation And by the soule of Saint Edward from whom he had the Crowne and kingdome vnder whose lawes they were borne and bred That he would not adde that miserie to deliuer them vp to be iudged by a strange law they vnderstood not And so earnestly they wrought that he was pleased to confirme that by his Charter which hee had twice fore-promised by his oath And gaue comaundement to his Iusticiaries to see those lawes of Saint Edward so called not that he made them but collected them out of Merchen-law Dane law and Westsex law to be inuiolablie obserued throughout the kingdome And yet notwithstanding this confirmation and the Charters afterward granted by Hen. 1. Hen 2. and King Iohn to the same effect there followed a generall innouation both in the lawes and gouernment of England So that this seemes rather done to acquiet the people with a shew of the continuation of their ancient customes then that they enioyed them in effect For the little conformitie betwene those lawes of former times and these that followed vpon this change of State shew from what head they sprang And though there might be some veynes issuing from foriner originals yet the mayne streame of our Comon law with the practice thereof flowed out of Normandie notwithstanding all obiections can be made to the contrary For before these collections of the Confessors there was no vniuersall law of the kingdome but euery seuerall Prouince held their owne customes all the inhabitants from Humber to Scotland vsed the Danicque law Merchland the midle part of the Countrie and the State of the West Saxons had their seuerall constitutions as being seuerall dominions And though for some few yeares there seemed to be a reduction of the Heptarchie into a Monarchie yet held it not so long together as wee may see in the succession of that broken gouernment as to setle one forme of order current ouer all but that euery Prouince according to their perticuler founders had their customes a part and held nothing in comon besides religion and the constitutions thereof but with the vniuersalitie of Meum Tuum ordered according to the rites of nations and that ius innatum the Comon law of all the world which wee see to be as vniuersall as are the cohabitations and societies of men and serues the turne to hold them together
see the two great pillers of the Church thus shaken with these dissentions whereby might bee feared the whole frame would be ruined that hee was friend to them both and would gladly be an inter-dealer for concord rather then to carry wood to a fire too fierce already which hee desired to extinguish for the good and quyet of Christendome This Embassage wrought so as it disarmed the Emperour glad to haue Louys a mediator of the accord betweene the Pope and him to the great displeasure of the King of England who expected greater matters to haue risen by this businesse The accorde is concluded at Wormes to the Popes advantage to whom the Emperour yeelds vp the right of inuestitures of Bishops and other Benifices But this was onely to appease not cure the maladie The King of England disapoynted thus of the Emperours assistance proceedes notwithstanding in his intentions against Louys And seeing he failed of outward forces he sets vp a partie in his kingdome to confront him ayding Theobald Conte de Champagne with so great power as hee stood to do him much displeasure besides hee obtained a strong side in that kingdome by his aliances for Stephen Earle of Blois had married his sister Adela to whom this Theobald was neere in bloud and had wonne Foulke Earle of Aniou an important neighbour and euer an enemy to Normandy to be his by matching his sonne William to his daughter Louys on the other side failes not to practise all meanes to vnder-worke Henries estate in Normandy and combines with William Earle of Flanders for the restoring of William the sonne of Robert Curtoys to whom the same appertained by right of inheritance and had the fairer shew of his actions by taking hold on the side of iustice Great and many were the conflicts betweene these two Princes with the expence of much bloud and charge But in the end being both tired a peace was concluded by the mediation of the Earle of Aniou And William sonne to King Henry did homage to Louys for the Dutchy of Normandy And William the son of Robert Curtoys is left to himselfe and desists from his claime Vpon the faire cloze of all rhese troubles there followed presently an accident which seasoned it with that sowrenesse of griefe as ouercame all the ioy of the successe William the yong Prince the onely hope of all the Norman race at 17 yeares of age returning into England in a ship by himselfe accompanyed with Richard his base brother Mary Countesse of Perch their sister Richard Earle of Chester with his wife the kings Neece and many other personages of honour and their attendants to the number of 140. besides 50 Mariners setting out from Harflew were all cast away at Sea The Prince had recouered a Cock-boat and in possibility to haue beene saued had not the compassion of his sisters cryes drawne him backe to the sinking ship to take her in and perish with his company Which sodaine clap of Gods iudgement cōming in a calme of glory whē all these bustlings seemed past ouer might make a conscience shrinke with terror to see oppression and supplantation repayd with the extinction of that for which so much had beene wrought and the line masculine of Normandy expired in the third heire as if to begin the fate layd on all the future succession wherein neuer but once the third in a right discent inioyed the Crowne without supplantation or extinction to the great affliction of the kingdome and himselfe to leaue his other issue subiect to the like ouerturnings which may teach Princes to obserue the wayes of righteousnesse and let men alone with their rights and God with his prouidence But in hope to repaire this losse King Henry within 5 moneths after married Adalicia a beautifull yong Lady daughter to the Duke of Lovaine and of the house of Loraine but neuer had issue by her nor long rest from his troubles abroad For this rent at home crackt all the chaine of his courses in France Normandy it selfe became wauering and many adhered to William the Nephew his great confederats are most regayn'd to the king of France Foulke Earle of Aniou quarrels for his daughters dower Robert de Mellent his chiefe friend Councellour a man of great imployment fell from him conspired with Hugh Earle of Monfort and wrought him great trouble But such was his diligence and working spirit that hee soone made whole all those ruptures againe The two Earles himselfe surprizes and Aniou death which being so important a neighbour as we may see by matching a Prince of England there the King fastens vpon it with another aliance and discends to marry his daughter and now onely childe which had bin wife to an Emperour desired by the Princes of Lumbardy and Loraine to the now Earle Geffrey Plantagenet the sonne of Foulke The King of France to fortifie his opposition entertaines William the Nephew where now all the danger lay and aydes him in person with great power to obtaine the Earledome of Flanders wherunto he had a faire Title by the defailance of issue of the late Earle Baldouin slaine in a battaile in France against King Henry But William as if heire also of his fathers fortunes admitted to the Earledome miscarried in the rule was depriued and slaine in battaile and in him all of Robert Curtoys perished And now the whole care of king Henry was the setling of the succession vpon Maude of whom hee liued to see two sonnes borne for which hee conuokes a Parliament in England wherein an oath is ministred to the Lords of this land to bee true to her her heires and acknowledge them as the right inheritors of the Crowne This oath was first taken by Dauid king of Scots vnkleto Maude and by Stephen Earle of Bollogne and Mortaine Nephew to the King on whom he had bestowed great possessions in England and aduanced his brother to the Bishopricke of Winchester And to make all the more fast this oath was afterward ministred againe at Northampton in another Parliament So that now all seemes safe and quiet but his owne sleepes which are said to haue beene very tumultuous and full of affrightments wherein hee would often rise take his sword and be in act as if hee defended himselfe against assaults of his person which shewed all was not well within His gouernment in peace was such as rankes him in the list amōgst our Kings of the fayrest marke holding the kingdome so well ordred as during all his raigne which was long he had euer the least to do at home At the first the competition with his brother after the care to establish his succession held him in to obserue all the best courses that might make for the good and quiet of the State hauing an especiall regarde to the due administration of Iustice that no corruption or oppression might disease his people whereby things were carryed with that cuennes betweene the Great men and the
Guien grew into such an odious conceipt of her vpon the notice of her lasciuious behauiour in those partes as the first worke he doth vpon his comming backe he repudiates and turnes her home with all her great dowrie rather content to loose the mightie estate she brought then to liue with her With this great Lady matches Henry before he was 20. yeares of age being now Duke of Normandie his father deceased who had recouered it for him and had by her the possession of all those large and rich Countries apertaining to the Duchy of Guien besides the Earldome of Poicton Whereupon Louys inraged to see him inlarged by this great accession of State who was so neere and like to be so dangerous and eminenta neighbour combines with Stephan and aydes Eustace his sonne with mayne power for the recouery of Normandie wherein he was first possest But this young Prince furnished now with all this powerfull meanes leaues the management of the affayres of England to his frendes defendes Normandie wrought so as the King of France did him little hurt and Eustace his competitor returned home into England where shortly after he dyed about 18. yeares of his age borne neuer to see out of the calamities of warre and was buried at Feuersham with his mother who deceased a little before and had no other ioy nor glorie of a Crowne but what we see Stephan whilst Duke Henrie was in Normandie recouers what he could and at length besieges Wallingsord which seemes in these times to haue bene a peece of great importance and impregnable and reduced the Defendants to that extremitie as they sent to Duke Henrie for succour who presently thereupon in the middest of winter ariues in England with 3000. foot and 140. horse Where first to draw the King from Wallingford he layes siege to Malmesbury and had most of all the great men in the West and from other partes comming in vnto him Stephan now resolued to put it to the tryall of a day brings thither all the power he could make and far ouer-went his enemy in number but flouds and stormes in an vnseasonable winter kept the Armies from incountring till the Bishops doubtfull of the successe and seeing how dangerous it was for them and the whole State to haue a young Prince get the maistry by his sworde mediated a peace which was after concluded in a Parlement at Winchester vpon these conditions 1 That King Stephan during his naturall life should remayne King of England and Henrie inioy the Dukedome of Normandie as discended vnto him from his mother and be proclaymed heire apparent to the kingdome of England as the adopted sonne of King Stephan 2 That the partizans of either should receiue no damage but inioy their estates according to their ancient rights and titles 3 That the king should resume into his hands all such parcels of inheritance belonging to the Crowne as had beene aliened by him or vsurped in his time And that all those possessions which by intrusion had beene violently taken from the owners since the dayes of king Henry should be restored vnto them who were rightly possessed therein when the said king raigned 4 That all such Castles as had beene built by the permission of Stephan and in his time which were found to be 1117 should be demolished c. There is a Charter of this agreement in our Annals which hath other Articles of reseruation for the estates of particular persons And first for William the second sonne of Stephan to enioy all the possessions his father held before he was king of England and many other particulars of especiall note After this pacification and all businesse here setled Duke Henry returnes into Normandy and likewise there concludes a peace with the king of France and for that he would be sure to haue it buyes it with twenty thousand Markes And now king Stephan hauing attained that he neuer had Peace which yet it seemes he enioyed not a yeare after vses all the best meanes he could to repaire the ruines of the State makes his progresses into most parts of the kingdome to reforme the mischiefes that had growne vp vnder the sword and after his returne cals a Parliament at London to consult of the best meanes for the publicke good After the Parliament he goes to meete the Earle of Flanders at Douer who desired conference with him and hauing dispatcht him fals presently sicke dies within few dayes after and was buried in the Abbey he founded at Feuersham with the vnfortunate Princes A man so continually in motion as we cannot take his dimension but onely in passing and that but on one side which was war on the other we neuer saw but a glance of him which yet for the most part was such as shewed him to be a very worthy Prince for the gouernment He kept his word with the State concerning the relieuement of Tributes and neuer had Subsidie that we find But which is more remarkeable hauing his sword continually out and so many defections and rebellions against him he neuer put any great man to death Besides it is noted that notwithstanding all these miseries of warre there were more Abbaies built in his raigne then in 100. yeares before which shewes though the times were bad they were not impious The end of the third Booke Errata For the Faults committed herein Charitable Reader know they are not the Printers who hath bin honestly carefull for his part but meerly mine owne freely confessing my selfe to be more an honorer then searcher of antiquities that lie far off from vs and onely studious of the generall notions which especially concerne the succession of affaires of action which is the part I haue vndertake And therefore I trust all worthy spirits in that respect will pardon me and reforme my knowledge rather by way of conference then detraction for no man truly ingenious is malignant And if Iliue after this priuate impression which is but of a few coppies for my friends I will amend what is amisse in the publique I haue gote ouer the worst and roughest part of this worke and am now come into a more playne and open passage where I shall be better able to stand to answer for what shall be done and I trust haue more helpes of my frendes and all worthy men that are furnisht with matter of this nature whom I inuoke to assist mee and who seeing my honest ends I trust will not deny their Country the knowledge of what they haue And especially herein I rely vpon the ayde of the right worthy and well-deseruing knight Sir Robert Cotton who out of his choyce and excellent store can best furnish this worke FINIS Caes. comment libro 5. Complures sunt apud cos dominationes Strabo lib. 4. Cic. in Ep. ad Atticum vbi belli Britannici exitiâ— expectari scribit nullius ex ea spem praedae nisi ex mancipijs ait ex quibus nullos puto te literis aut musicis cruditos expectare Et lib. de Nat. Deorum paris eos cum Scithis barbaries insimulat Ingenio GalloruÌ„ partim simileis sunt partim simplicioreis magis barbari Srabo lib. 4. And it was after the subiection of Gaule that they intertayned Philosophers and physitions for publique Readings and became a schoole for those parts as we may perceiue by Strabo libro 2. Nostra aetate inquit Strabo lib. 4. Regulorum quidem Britanicorum legationibus officys amicitiam Augusti Caef. consecuti donarâ—a in Capitolio dedicarunt familiaremque Romanis totam pene insulam redigerunt And at that time it seemes by Strabo held it not worth the garding for that it would not quit the charge Camolodunum now Maldon Noticia The end of the Romans Gouerment in Britayne Anno. 447. Gildas de excidio Britaniae The State of the Saxons Vortigern is deposed Vortimer elected King of Brittayne King Arthur The seuerall entries made by the Saxons The absolute subuersion of Britayne Egbert obteyned the kingdome which by him was named EngLind Anno. 802. The discription of the Danes Alfred 872. Mat. Westm. The first furuay of the kingdome Edwardus Senior 900. Anno. 924. Edmond 940. Edred or Eldred 946. Edwin 959. Saint Edward 975. Elfred his stepmother is sayd to haue murthered him hunting in the Isle of Purbeck Ethelred 978. The originall of Dane gelt the first imposition laid vpon the kingdome The massacre of the Danes 1002. Edmond Ironside sonne to Ethelred by his first wife Ethelgina 1016. The death of King Edmond Ironside at Oxford Knute the first Danic King 1018. 1038. Harald Hardiknute 1041. The reason of the extinction of the Danes in England Anno 1043. Edward the Confessor 1043. Harald the Second 1066. Malmsbury The originall of the Normans Or Osborne The English Nobilitie forsake the kingdome Scotland before this time generally spake a Kind of Irish. Edgar Atheling submitted himselfe to King William His gouernment in peace Geruasius Tilburiensis The new Forest in Hamshire His Councellors Roger Houedew An Emperour of Germanie 2. Kings of France with their wiues a King of England and a King of Norwey went all thither in person The antiquity of Informers This Ranulph gaue a thousand pounds for his Bishopricke and was the Kings Chancellour Anno Reg. 20. Queene Maud liued not to see this disaster Anno Reg 21 His gouernment in peace The cause of Progresses The begining of Parlements The first Parlement at Salisbury Anno. Reg 15. His reformations His meanes to raise monies His Councellors His personage Presumptions 1154. He raigned 18 yeares and 10 moneths
yet found meanes to maintayne publique order without the luctuall remedie of bloud No punishments capital vnles conspiracies the rest were all pecuniaric mulcts banishments bondage or imprisonment To shew his clemency this amongst many is one example there was a law that whosoeuer had committed thest and the goods found in his house all his family were made bond euen to the child in the cradle This he antiquates as most vniust and ordaines that onely the malefactor and such as could aide him should endure the punishment and that the wife vnlesse the thing stolne were found vnder her locke should not be guilty of her husbands offence Thus was hee to his people with whome hee is said to haue so well cleered himselfe howsoeuer he did with God that he became King of their affections as well as of their countrie And to maintayne this opinion hee did many popular acts as first all rites of honor and reuerence to the memorie of the late King Edmond his confederate besides the executing all such as could be found to haue had any hand in that murther Then married he heere at home Emme late wife to King Ethelred though it were more for his honour then hers to accept his bed that had beene the persecutor of her husband and children whereby he held the Duke of Normandie from attempting any thing for his nephewes in regard his sister might haue other by him Hauing thus established this mightie kingdome occasion prepares him another The people of Norway cōtemning the debilitie of their King and conspiring to depose him grew into faction wherupon he fastens and with the great forces he brought out of England the might of money and high estimation of his worthinesse so preuailed as hee soone obteyned that kingdome and was now the most renowned and potent Prince in all these parts of the world intitled King of England Denmarke and Norwey Herewithall grew his magnificence as wide as his power and was especiallie extended to the Church which hee laboured most to gratifie either for the conscience of his deedes or that his people generally addicted to deuotion might be made the more his And holding it not enough to poure out his immense bounty here within the land seekes to make Rome also feele the fulnesse thereof whither he went in person and performed many famous workes of charitie and honor both there and in all his voyage He freed the Saxon schoole his predecessors of England had founded from all imposition as he did likewise all streights and passages where trauellers were with rigor constrained to pay toll Of his entertainment at Rome with the Pope Conrade the Emperour and diuerse other Princes of the Christian world himselfe writes to the Bishops and Nobilitie of England and withall exhorts them very powerfully to haue an especiall regard to the due administration of Iustice to all his subiects alike without doing the least wrong for his gaine hauing no need to aduance his reuenue by sinne And also charges them to see all Chirchscot and Romescot fully cleered before his returne The actiue vertue of this Prince being the mightiest and most absolute Monarch that cuer yet appeared in this kingdome the author of a cloze and first of a new Gouernment is such as shewes he striued by all worthie wayes to lay the ground-worke of a State which according to his frame was either to hold good to his posteritie or not And as likely was he to haue bene the roote of a succession spreading into many discents as was afterward the Norman hauing as plentifull an issue masculine as he besides he raigned neere as long farre better beloued of disposition more bountifull and of power larger to do good But it was not in his fate his children miscaried in the succession and all this great worke fell in a manner with himselfe HArald the eldest sonne of Knute some write by his fathers ordinance others by the election of the Danicque Nobilitie in an assembly at Oxford was made king whereas Godwin Earle of Kent and the Nobility of England would haue chosen Hardiknute borne of Queene Emme or else Alfride the sonne of Ethelred who is sayd to haue come out of Normandy vpon the death of Knute to claime the Crowne But Harald being at hand caried it The first act of whose raigne was the banishment and surprizing all the Treasure of his step-mother Queene Emme Then the putting out the eies of Alfrid her sonne his competitor and committing him to a loathsome prison where he died For which deed the Earle Godwyn beares a foule marke as betraying him Queene Emme repaires to Baldouin Earle of Flanders her kinsman where she remained during the raigne of Harald which was but offoure yeares and then with her sonne Hardiknute who came out of Denmarke as it seemes prepared for some thing else then to visit her at Bridges returned into England THis Hardiknute inuested in the Gouernement soone frustrated the hope and opinion fore-conceiued of him and first in like sort began with that degenerous act of reuenge wherein none are sayd so much to delight in as women causing the body of the late king to be vntomb'd the head cut off throwne into Thames Then makes inquisition for such as were guiltie of the death of Alfride his brother by the mother whereof Earle Godwyn and the Bishop of Worcester are accused The Bishop is disposest his Sea and the Earle with a rich and rare deuised present in forme of a ship of gold appeased that furie making publicke protestation of his innocency before the whole Nobility with whom in respect his deepe roote had spread so many branches he stood firme and all the blame was laide to the violence and rankor of the late king Besides the offending these great men he added a generall grieuance to the whole kingdome by a prodigall largesse giuing to euery Mariner of his Nauy eight Markes and to euery Maister ten which he imposed to be paid by the State But after hauing called home Edward his other halfe-brother out of Normandy he liued not long for farther violences Dying suddenly the second yeare of his raigne in the celebration of a mariage at Lambeth in his greatest iolity not without suspition of poyson ANd with him ended the gouernmēt of the Danes in England hauing only continued 26 yeares vnder these three last Kings and that without any cracke or noyse by reason the nation had no predominant side that might sway the State in respect of the remission of their power home in the first yeare of Knute and no great admission of others after and that such as were here before were now so incorporated with the English as they made one bodie and most of them planted in the remote parts of the kingdome that lay ouer against Denmarke where by that which with all the strugling no power or dilligence of man could resist expired of it selfe leauing England to a King of her
surnamed Atheling to say the noble Edgar either by reason of his youth which yet was no barre to his right or being borne and bred a stranger little knowing or knowne to the kingdome had his claime neglected vpon the death of this pious king ANd Harald sonne to the Earle Godwin the next day after was preferredto the Crowne whether by any title he might pretend from the Danicque kings as discended from that nation and as some report sonne to Githa sister to Swayne or by meere election of the greater part of the Nobilitie we cannot say but it seemes the pressing necessitie of the time that required a more man to vndergo the burthen of warre and that trouble the world was like to fall into by reason of the claimes now made both by the Dane and Norman cast it suddenly vpon him as the most eminent man of the kingdome both by the experience of his owne deseruings and the strength of his alliance Neither did he faile but in fortune to make good this election taking all the best courses both for the well-ordering of the State and all prouisions for defence that a politicke and actiue Prince could do But being to deale in a broken world where the affections of men were all disioynted or dasht with the terror of an approching mischiefe failing as vsually is seene in these publicke feares both in their diligence and courage to withstand it soonefound more then enough to do And the first man which began to disturbe his new gouernment was his owne yonger brother Toustayne who in the time of the late king Edward hauing the gouernment of Northumberland was for his pride and immanities shewed in those parts banished the kingdome and now by reason of his former conceiued hatred against his brother easily set on by the Duke of Normandie and Baldouin Earle of Flanders whose two daughters the Duke and he had maried assailes first the Isle of Wight and after sets vpon the coast of Kent whence he was chased by the power of Harald and forced to withdraw into the North parts and there seeking to land was likewise repulsed by the Earles Morchar and Edwyn whose sister Harald had maried Then craues he aide of the Scots and after of Harald surnamed Harfager king of Norwey being then taking in the Orchades and exercising piracie in those parts whom he induced with all his forces to inuade England And landing at Tinmouth discomfeiting their first incounters they marched into the heart of the kingdome without resistance Neere Stamford king Harald of England met them with a puissant armie and after long and eager fight ended the day with victory and the death of his brother Toustayne and the king of Norwey But from hence was he called with his wearied and broken forces to a more fatall businesse in the South For now William Duke of Normandie pretending a right to the Crowne of England by the testament of the late king Edward his kinsman vpon the aduantage of a busie time and the disfurnishment of those parts landed at Pemsey not farre from Hastings in Sussex neere to which place was tried by the great Assize of Gods iudgement in battell the right of power betweene the English and Norman Nation A battaile the most memorable of all other and howsoeuer miserably lost yet most nobly fought on the part of England and the many wounds of Harald there slaine with the heapes of thousands of the English shew how much was wrought to haue sau'd their country from the calamitie of forraine seruitude And yet how so great a kingdome as England then was could with one blow be subdued by so small a prouince as Normandy in such sort as it could neuer after come to make any generall head against the Conquerour might seeme strange did not the circumstances fore-noted and other concurrent causes in the next booke to be declared giue vs faire and probable reason thereof Besides the indisposition of a diseased time as it is described by such as liued neerest it may giue vs great euidence in this examination For they say the people of this kingdome were by their being secure from their former enemy the Dane and their long peace which had held in a manner from the death of king Edmond Ironside almost 50 yeares growne neglectiue of armes and generally debaushed with luxurie and idlenesse the Cleargie licentious and onely content with a tumultuary learning The Nobility giuen to gluttony venery and oppression the common sort to drunkennesse and all disorder And they say that in the last action of Harald at Stamford the brauest men perished and himselfe growing insolent vpon the victorie retaining the spoyles without distribution to his souldiers not inured to be commanded by martiall discipline made them discontent and vnruly and comming to this battell with many mercinary men and a discontented Army gaue great occasion to the lamentable losse thereof Besides the Normans had a peculiar fight with long bowes wherewith the English then altogether vnacquainted were especially ouerthrowne And yet their owne Writers report how the maine battallion of the English consisting of Bils their chiefe and antient weapon held in a body so close lockt together as no force could dissolue them till the Normans faining to fly drew them to a disordered pursuite And so they excuse the fortune of the day And thus my noble Lord haue I in the streightest course the vneuen compasse of Antiquitie could direct me got ouer the wide and intricate passage of those times that lay beyond the worke I purpose more particularly to deliuer The end of the first Booke THE SECOND BOOKE of the Historie of England The life of William 1. I Come now my noble Lord of Rochester to write of a time wherin the State of England receiued an alteration of lawes customes fashion manner of liuing language writing with new formes of fights fortifications buildings and generally an innouation in most thinges but Religion So that from this mutation which was the greatest it euer had wee are to beginne with a new accompt of an England more in dominion abroade more in State and ability at home and of more honour and name in the world then heretofore which by being thus vndone was made as if it were in her fate to get more by her losses then her better fortunes For as first the conquest of the Danes brought her to the intyrest Gouernment shee euer possest at home and made her most redoubted of all the kingdomes of the North so did this of the Norman by comming in vpon her make a way to let her out and stretch her mightie armes ouer the Seas into the goodly Prouinces of the South For before these times the English nation from their first establishment in this Land about the space of 500 yeares neuer made any sally out of the Isle vpon any other part of the world but busied at home in a deuided State held a broken gouernment with the Danes
in all Countries howsoeuer they may differ in their formes So that by these passages we see what way we came where we are and the furthest end we can discouer of the originall of our Comon law and to striue to looke beyond this is to looke into an vncertaine vastnesse beyond our discerning Nor can it detract from the glory of good Customes if they bring but a pedigree of 600. yeares to approue their gentilitie seeing it is the equity and not the antiquity of lawes that makes them venerable and the integritie of the professors thereof the profession honored And it were well with mankinde if dayes brought not their corruptions and good orders were continued with that prouidence as they were instituted But this alteration of the lawes of England bred most heauie doleances not onely in this Kings time but long after For whereas before those lawes they had were written in their owne tongue intelligible to all now are they translated into Latine and French and practized wholly in the Norman forme and language thereby to draw the people of this kingdome to learne that speech for their owne neede which otherwise they would not doc And seeing a difference in tongue would continue a difference in affections all meanes was wrought to reduce it to one Idiom which yet was not in the power of the Conqueror to doe without the extirpation or ouerlaying the Land-bred people who being so far in number as they were aboue the inuadors both carry the mayne of the language and in few yeares haue those who subdued them vndistinguishablie theirs For notwithstanding the former conquest by the Danes and now this by the Norman the solid bodie of the kingdome still consisted of the English and the accession of strange people was but as Ryuers to the Ocean that changed not it but were changed into it And though the king laboured what he could to turne all to French by enioyning their children here to vse noc other language with their Grammer in schooles to haue the lawes practized in French All petitions and businesse of Court in French No man graced but he that spake French yet soone after his dayes all returnes naturall English againe but law and that still held forraine and became in the end wholly to be inclosed in that language nor haue we now other marke of our subiection and inuassellage from Normandie but only that and that still speakes French to vs in England And herewithall new Termes new Constitutions new formes of Pleas new Offices and Courts are now introduced by the Normans a people more inured to litigation and of spirits more impatient and contentious then were the English who by reason of their continuall warre wherein law is not borne and labour to defend the publicke were more at vnitie in their priuate and that small time of peace they had deuotion and good fellowship entertained For their lawes and constitutions before we see them plaine briefe and simple without perplexities hauing neither fold nor plaite commaunding not disputing Their graunts and transactions as briefe and simple which shewed them a cleere-meaning people retaining still the nature of that plaine realnesse they brought with them vncomposed of other fashion then their owne and vnaffecting imitation For their tryals in cases criminall where manifest proofes failed they continued their antient custome held from before their Christianitie vntill this great alteration which trials they called Ordeal Or signifying right Deale part whereof they had these kinds Ordeal by fire which was for the better sort and by water for the inferiour That of Fire was to go blindfold ouer certaine plough-shares made red hote and laide an vneuen distance one from another That of Water was either of hot or cold in the one to put their armes to the elbow in the other to be cast headlong According to their escapes or hurts they were adiudged such as were cast into the riuers if they sancke were held guiltlesse ifnot culpable as eiected by that Element These trials they called the iudgements of God and they were performed with solemne Oraisons In some cases the accused was admitted to cleere himselfe by receiuing the Eucharist or by his owne oath or the oaths of two or three but this was for especiall persons and such whose liuings were of a rate allowable thereunto the vsuall opinion perswading them that men of ability held a more regard of honesty With these they had the triall of Campe-fight or single combat which likewise the Lumbards originally of the same German nation brought into Italy permitted by the law in cases either of safetie and fame or of possessions All which trials shew them to be ignorant in any other forme of law or to neglect it Nor would they be induced to forgo these customes and determine their affaires by Imperiall or Pontificiall Constitutions no more then would the Lumbards forsake their duellary lawes in Italy which their Princes against some of their wils were constrained to ratifie as Luytprandus their king thus ingeniously confesses We are vncertaine of the iudgement of God and we haue heard many by fight to haue lost their cause without iust cause yet in respect of the custome of our nation we cannot auoide an impious law But all these formes of iudgements and trials had their seasons Those of Fire and Water in short time after the Conquest grew disused and in the end vtterly abrogated by the Pope as deriued from Paganisme That of combat continues longer-liued but of no ordinarie vse And all actions now both criminall and reall began to be wholly adiudged by the verduit of 12 men according to the custome of Normandy where the like forme is vsed and called by the name of Enquest with the same cautions for the Iurors as it is here continued to this day Although some hold opinion that this forme of triall was of vse in this kingdome from all antiquitie and alledge an ordinance of king Ethelred father to the Confessor willing in their Gemote or conuentions monethly held in euery hundred twelue graue men of free condition should with the Greut the chiefe Officer amongst them sweare vpon the Euangelists to iudge euery mans cause aright But here we see twelue men were to be assessors with the Greue to iudge and no Iurors according to this manner of triall now vsed Besides had there beene any such forme we should aswell haue heard thereof in their laws and practise as of those other kinds of Ordeal onely and vsually mentioned But whatsoeuer innouations were in all other things the gouernment for the peace and securitie of the kingdome which most imported the King to looke vnto seemes to be continued as before and for that businesse he found here better laws established by the wary care of our former kings then any he could bring Amongst which especially was the Boroh law whereby euery free man of the Comons stood as surety for each others behauiour in this sort The kingdome
Robert Bluet Bishop of Lincolne in suite till he payd him 5000. pounds And now the Clergie vpon this taxe complaining their wants were answered that they had Shrines of gold in their Churches and for so holy a worke as this warre against infidels they should not spare them He also tooke money of Iewes to cause such of them as were conuerted to renounce Christianity as making more benifit by their vnbeleefe then their conuersion Wherein he discouered the worst peece of his nature irreligion Besides his great taxations layd on the Laity he set informers vpon them and for small transgressions made great penalties These were his courses for raising moneys wherein he failed not of fit ministers to execute his wil among whom was chiefe Ranulph Bishop of Durham whom he had corrupted with other Bishops to counterpoyze the Clergie awe the Layty and countenance his proceedings All which meanes he exhausted either in his buildings which were the new Castle vpon Tine the City of Carleil Westminster Hall and the walles of the Tower of London or else in his prodigall gifts to strangers Twice he appeased the king of France with money and his profusion was such as put him euermore into extreme wants This one act which shewes both his violence and magnanimitie remaines As he was one day hunting a messenger comes in all hast out of Normandy and tels him how the City of Mans was surprised by Hely Conte de la Flesche who by his wife pretended right thereunto and was aided by Fouques d' Angiers the ancient enemy of the Dukes of Normandy and that the Castle which held out valiantly for him was without present succour to be rendred He sends backe the messenger instantly wils him to make all the speed he could to signifie to his people in the Castle that he would be there within eight dayes if Fortune hindred him nor And suddenly he asks of his people about him which way Mans lay a Norman being by shewed him Presently he turnes his horse towards that coast and in great hast rides on when some aduised him to stay for fit prouisions and people for his iourney he said They who loue me will follow me And comming to imbarke at Dartmouth the maister told him the weather was rough and there was no passing without eminent danger Tush said he set forward I neuer yet heard of king that was drowned By breake of day he ariued at Harfleu sends for his Captaines and men of warre to attend him all at Mans whither he came at the day appointed Conte de la Flesche hauing more right then power after many skirmishes was taken by a stratagem and brought prisoner to Rouen where more inraged then dismaide with his fortune he let fall these words that had he not bene taken with a wile he would haue left the king but little land on that side the sea and were he againe at liberty they should not so easily take him Which being reported theking sent for him set him at liberty gaue him a faire horse bad him go his way and do his worst Which act ouercame him more then his taking and a quiet end was made betweene them The King returnes into England with great iollitie as euer bringing home better fortune out of Normandy then from any his Northerne expeditions Feasts his Nobility with all magnificence in his new hall lately finished at Westminster wherewith he found much fault for being built too little saying it was fitter for a chamber then a Hall for a king of England and takes a plot for one farre more spacious to be added vnto it And in this gaytie of state when he had gote aboue all his businesses betakes him wholly to the pleasure of peace and being hunting with his brother Henry in the new Forest Walter Terell a Normand and his kinsman shooting at a Deere whether mistaking his marke or not is vncertaine strake him to the heart And so fell this fierce king in the 43 yeare of his age A Prince who for the first two yeares of his raigne whilst held in by the graue counsell of Lanfranc and his owne feares bare himselfe most worthily and had beene absolute for State had he not after sought to be absolute in power which meeting with an exorbitant will makes both Prince and People miserable Henry the First HEnry the yongest sonne of William the first being at hand and borne in England which made much for him was elected and crowned within foure dayes after his brothers death it being giuen out that Robert who should haue succeeded William was chosen king of Ierusalem and not like to giue ouer that kingdome for this Wherefore to settle Henry in the possession of the Crowne all expedition possible was vsed least the report of Roberts returning from the holy warres being now in Apulia comming home might be noysed abroad to stagger the State which seemed generally willing to accept of Henry The first actions of his gouernment tended all to baite the people and sugar their subiectiō as his predecessor vpon the like interposition had done but with more moderation and aduisednesse this being a Prince better rectified in iudgement and of a nature more allayed both by his sufferings hauing sighed with other men vnder the hand of oppression that taught him patience and also by hauing somewhat of the booke which gote him opinion and the title of Beauclerke First to fasten the Clergie he furnishes with fit men all those vacancies his brother had kept emptie recals Anselme home to his Bishopricke of Canterbury and restores them to all whatsoeuer priuiledges had bene infringed by his predecessor And for the Layety he not only pleased them in their relieuments but in their passion by punishing the chiefe ministers of their exactions which euermore eases the spleene of the people glad to discharge their Princes of the euils done them knowing how they cannot worke without hands and lay them on their officers who haue the actiue power where themselues haue but the passiue and commonly turne as they are moued Raulfe Byshop of Durham chiefe counsaylor to the late King a man risen by subtletie and his tongue from infimous condition to the highest imployments was committed to a streight and loath some prison being famed to haue put his maister into all these courses of exaction and irregularities and remaynes amongst the examples of perpetuall ignominie All dissolute persons are expelled the Courte the people eased of their impositions and restored to their lights in the night which after the Couerfeu Bell were forbidden them vpon great penaltie since the beginning of William I. Many other good orders for the gouernment of the kingdom are ordayned and besides to make him the more popular and beloued he matches in the royall bloud of England taking to wife Matilde daughter of Margueret late Queene of Scots and neece to Edgar Atheling discended from Edmond Ironside A Ladie that brought with her the inheritance of goodnesse