cre Harald whether of purpose to ratifie some paction closely contriued betwixt them or by casualty of weather driuen into France and so same to make it seeme a iourney of purpose to the Duke is not certainely deliuered was gallantly entertained in Normandy presented with all shewes of Armes brought to Paris and there likewise feasted in that Court. And at his returne to Rouen something was concluded either in likely-hood to deuide the Kingdome betweene them or that Harald being a coast-dweller and had the strongest hand in the State should let in the Duke and doe his best to helpe him to the Crowne vpon conditions of his owne greatnesse or whatsoeuer it was promises were made and confirmed by oathes vpon the Euangelists and all the sacred Reliques at Rouen in the presence of diuers great persons Besides for more assurance Harald was fyanced to Adeliza the Dukes daughter and his brother Wolnot left a pledge for the performance This intercourse made the trans-action of the fate of England and so much was done either by King Edward or Harald though neithers act if any such were was of power to preiudice the State or alter the course of a right succession as gaue the Duke a colour to clame the Crowne by a donation made by Testament which being against the Law and Custome of the Kingdome could be of no validity at all For the Crowne being held not as Patrimoniall but in a succession by remotion which is a succeding to anothers place it was not in the power of King Edward to collate the same by any dispositine and testamentary will the right discending to the next of bloud onely by the Custome and Law of the Kingdome For the Successour is not said properly to be the heire of the King but the Kingdome which makes him so and cannot be put from it by any act of his Predecessour But this was only his clayme the right was of his owne making and no otherwise For as soone as he had heard of the death of King Edward with the Election and Coronation of Harald for they came both together hee assembles the States of Normandy and acquaints them with the right hee had to England soliciting an extention of their vtmost meanes for his recouery thereof and auengement of the periur'd Vsurper Harald shewing them apparant probability of suceesse by infallible intelligence he had from the State his strong party therein with the debility and distraction of the people What glory wealth and greatnesse it would adde to their Nation the obtayning of such a Kingdome as was thus opportunely laid open for them if they apprehended the present occasion All which remonstrances notwithstanding could enduce but very few to like of this attempt and those such who had long followed him in the warres exhausted their estates and content to runne vpon any aduenture that might promise likelyhood of aduancement The rest were of diuers opinions some that it was sufficient to hold and defend their owne country without hazarding themselues to conquer others and these were men of the best ability others were content to contribute but so sparingly as would little aduance the businesse and for the most part they were so tyred with the formerwarres and so desirous to embrace the blessing of peace as they were vnwilling to vndergoe a certaine trouble for an vncertaine good And with these oppositions or faint offers the Dukes purpose at first had so little way as did much perplex him At length seeing this protraction and difficulty in generall he deales with his neerest and most trusty friends in particular being such as hee knew affected the glory of action and would aduenture their whole estates with him As William fitz Auber Conte de Bretteuile Gnalter Guifford Earle of Logueuille Roger Signor de Beaumont with others especially his owne brothers Odo Byshop of Bayeux and Robert Earle of Mortaigne these in full assemblie hee wrought to make their offers which they did in so large a proportion and especially William fitz Auber who made the first offer to furnish forty ships with men and munition the Byshop of Bayeux 40. the Byshop of Mans. 30. and so others according or beyond their abilities as the rest of the assemblie doubting if the action succeeded without their helpe the Duke aryuing to that greatnesse would beare in minde what litle minde they shewed to aduance his desires beganne to contribute more largely The Duke finding them yeilding though not in such sort as was requisite for such a worke dealt with the Byshops and great men a part so effectually as at length he gote of them seuerally that which of alltogether he could neuer haue compassed and causing each mannes contribution to be registred inkindled such an emulation amongst them as they who lately would doe nothing now stryued who should doe most And not only wan he the people of his owne Prouinces to vndertake this action but drew by his faire perswasions and large promises most of the greatest Princes and Nobles of France to aduenture their persons and much of their estates with him as Robert fitz Haruays Duke of Orleance the Earles of Bretaigne Ponthicu Bologne Poictou Mayne Neuers Hiesms Aumal Le Signors de Tours and euen his mortall enemy Martel Earle of Aniou became to be as forward as any All which he sure could neuer haue induced had not this vertues and greatnesse gayned a wide opinion and reputation amonst them Although in these aduancements and turnes of Princes there is a concurrency of dispositions and a constitution of times prepared for it yet is it strange that so many mighty men of the French nation would aduenture their liues and fortunes to adde England to Normandie to make it more then France and so great a Crowne to a Duke who was too great for them alreadie But where mutations are destyned the counsels of men must be corrupted and there will fall out all aduantages to serue that businesse The King of France who should haue strangled this disseigne in the birth was a childe and vnder the curature of Baldouin Earle of Flanders whose daughter the Duke had married and was sure to haue rather furtherance then any opposition that way Besides to amuze that Court and dazell a yong Prince he promised faithfully if he conquered this kingdome to hold it of the King as he did the Duchie of Normandie and doe him homage for the same which would adde a great glory to that Crowne Then was hee before hand with Pope Alexander to make religion giue reputation and auowment to his pretended right promising likewise to hold it of the Apostolique Sea if he preuailed in his enterprize Wherupon the Pope sent him a Banner of the Church with an Agnus of gold and one of the hayres of Saint Peter The Emperour Hen. 4 sent him a Prince of Almayne with forces but of what name or his number is not remembred so that wee see it was not Normandie alone that subdued
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
other vpon proofe of an intention was banished and their estates seized the Earldome of Mortaigne hee gaue to Robert that of Eu to Odo after Byshop of Bayeux both his brethren by the mother These assaults from abroade these skornes conspiracies and vnder-workings at home hee passed before he was full 22 yeares of age and thus his enemies made him that sought to vndoe him But now more to vnderset and strengthen his State against future practises hee conuokes an assemblie of his Prelates Barons and Gentlemen causing them to receiue their oath of fealtie and raze their castels which done he married Matilde the daughter of Baldouin 5. Earle of Flaunders but not without contrast and trouble for his vncle Mauger Arch-byshope of Roan excommunicates him for matching within the forbidden degrees of kindred shee being daughter to Elinor daughter to Richard the. 2. and so his fathers sisters daughter To expiate for which offence vpō a dispensation from Pope Victor they were enioyned the building of certaine Hospitals for blind people and two Abbeyes the one for men the other for women which were erected at Caen. This match and the ouer-matching his enemies set him so high a marke of enuie in the eye of France which naturally loued not the Normans whom in reproach they vsually called Trewans as they easilie incensed their King who of himselfe was forward enoughe to abate a power growne so out of proportion with the rest of the Princes of his dominions to finde a quarrell which confiners easily do to set vpon him and to make it looke the fairer pretendes to correct the insolencies of the Normans committed on his territories and to releiue Count Martel opprest by the Duke besides alleadging it concern'd him in honor and iustice to haue that Prouince which held of his Crowne to be gouerned by a Prince of lawfull bloud according to Christian order and lawes Ecclesiasticall and therefore resolueth vtterly to exterminate the Duke and establish a legittimate Prince in the Duchie For which effect two armies are gathered from all parts of his kingdome the one sent along the ryuer Sein the other into the Country of Bessin as meaning to incompasse him The Duke likewise deuides his forces into 2. parts sendes his brother Odo Earle of Eu Walter Guifford Earle of Longueuill and others with the one to the Countrie of Caux himselfe with the other takes towardes Eureux to make head to the King that was at Mante and withdrawes all cattle and prouisions out of the flat Countrie into Cities and Fortresses for their owne store and disfurnishment of the enemie The Kings army marching from Beauuois to Mortimer and finding there a fat country full of all prouisions betooke them to make good cheere and restes there all that night thinking the Norman forces were yet with the Duke at Eureux which the army in Caux conducted by Odo vnderstanding marched all night and by breake of day gaue them so hot an alarme and so sodayne as put them all in roat leauing horse and armour and all to the assaylants who made such a distruction of them as of 40. thousand not the fourth part escaped With this deseiture the King of France is againe returned home with great rage and greife and the Duke with the redemption of the prisoners recouers his peace and the Castle of Thuilliers taken from him in his vnder-age Cont Martell though much difmayd with the Kings ouerthrow yet leaues not to make some attempts for the recouering his Townes but with no successe The Duke he saw was too well beloued and followed for him to doe any good without a stronger arme Wherefore the next spring he goes againe to importune the King of France to aide him against the Duke who he said was now growne so insolent vpon this peace and the victorie he had stolne and not wonne that there was no liuing for his neighbors neere him besides the Normans had the French in such derision and base esteeme as they made their act at Mortimer their onely sport and the subiect of their rimes as if a King of France vpon the losse of a few men was retyred and durst not breake a dishonorable peace With which instigation and being stung with the touch of reproach he raises another Army far mightier then before wherin were three Dukes and twelue Earles and notwithstanding the sollemne peace made and so lately sworne with the Duke hee enters Normandie in the haruest time ouerrunnes and spoyles all the Countrie along the Coast to Bessin from whence marching to Bayeux and Caen with purpose to passe the ryuer Diue at Varneuille to destroy the Countries of Auge Liseux and Roumoys euen to Roan and finding the case-way long and the bridge narrow caused his vantguard to passe ouer first and to secure his Arierguard conducted by the Duke of Berry himselfe stayes behind in Caen till his people and their carriages were passed Duke William who all this while stores his fortresses with men and victuall makes himselfe as strong in the Towne of Falaise as he could hath no army in the feild but a running campe to be readie to take all aduantages le ts the fury of the storme spend it selfe and hauing aduertisement of this passage marched all night with 10. thousand men and in the morning early sets vpon the Arrierguard with so sudayne a cry and fury as they who were before on the Case-way hearing this noise behinde thrust forward their fellowes hasting to get ouer the bridge with such a crowd and preasse as they brake it many were drownd in the riuer They who were gotten ouer could not returne to aide the rest nor the King by reason of the Marishes on both sides yeeld any succour to his people but stood a spectator of their slaughter and the taking of sixe of his Earles of whom one was the exiled Earle of Eu whom the King fauouring his great worth had made Conte De Soissons The griefe of this ouerthrow shortly after gaue the King of France his death and the Duke of Normandy a ioyfull peace which hee nobly imployed in the ordering and adorning his State building endowing and decking Monasteries Churches gathering reliques from all parts to furnish his Abbeyes at Caen where he also erected a Tombe for himselfe and his wife feasting and rewarding his Nobles and men of worth whereby he so possest him of the hearts of all his people generally as they were entirely his for what he would During this calme of his life hee makes a iourney ouer into England as if to visite King Edward his kinsman who in regard of the preseruation and breeding hee had in Normandy by Duke Richard the second Grandfather to them both gaue him most royall entertainement And here hee shewed himselfe and here no doubt hee found matter for his hopes to worke on In this enterview hee discouered England being to bee presupposed hee came not to gather cockle-shels on the shore Nor was it long after
was vnderset with able ministers for the managing of these great affaires of his though time hath shut vs out from the knowledge of some of them it being in the fortune of kings to haue their ministers like riuers in the Ocean buried in their glory yet no doubt being of a strong constitution of iudgement he could not but be strongly furnished in that kind for weake kings haue weake sides and the most renowned Princes are euer best stored with able ministers The principall of highest imployment were Odon Bishop of Bayeux and Earle of Kent Lanfranke Archbishop of Canterbury and William Fitz Auber Earle of Hereford Odon supplied the place of Viceroy in the kings absence and had the management of the Treasury A man of a wide and agile spirit let out into as spacious a conceit of greatnesse as the heighth of his place could shew him And is rumord by the infinite accumulation of money which his auarice and length of office had made either to buy the Popedome or purchase the people of England vpon the death of the his brother who vnderstanding a purpose he had of going to Rome and seeing a mightie confluence of followers gathering vnto him made a close prison stay his iourney excusing it to the Church that he imprisoned not a Bishop of Bayeux but an Earle of Kent and Officer and accomptant vnto him Yet vpon his death-bed shortly following after many obsecrations that he would in respect of bloud and nature be a kind meane for the future peace of his sonnes he released him But the Bishop failed his request therein and became the onely kindle-fire to set them all into more furious combustion The motiue of his discontent the engine where-withall Ambition euermore turnes about her intentions was the enuy he bare to Lanfranc whose councell in his greatest affaires the king especially vsed and to oppose and ouer-beare him tooke hee all the contrary courses and part with Robert his nephew whom after many fortunes he attended to the holy warre and died in the siege of Antioche Lanfranc was a man of as vniuersall goodnesse as learning borne in Lumbardie and came happely a stranger in these strange time to doe good to England vpon whose obseruance though the King might in regard hee raised him lay some tye yet his affections could not but take part with his piety and place in so much as hee feared not to oppose against Odon the Kings brother seeking to gripe from the State of his Church And in all he could stood so betweene the kingdome and the Kings rigor as stayed many precipitious violencies that he whose power lay as wide as his wil might else haue fallen into For the Conqueror howsoeuer austere to others was to him allwayes milde and yeilding as if subdued with his grauity and vertue He reformed the irregularitie and rudenesse of the Clergie introducing a more Southerne formalitie and respect according to his breeding and the custome of his Country concurring herein likewise to be an actor of alteration though in the best kinde with this change of State And to giue entertaynement todeuotion he did all hee could to furnish his Church with the most exquisite ornaments might be procured added a more State and conueniency to the structure of religious houses and beganne the founding of Hospitals Hauing long struggled with indefatigable labour to hold things in an euen course during the whole raigne of this busie new state-building King And after his death seing his successor in the Crowne established especially by his meanes to faile his expectation out of the experience of worldly causes deuining of future mischeifes by present courses grew much to lament with his frendes the teadiousnesse of life which shortly after hee mildly left which such a sicknesse as neither hindred his speech nor memory a thing hee would often desire of God William Fitz Auber as is deliuered was a principall councellor and instrument in this action for England wherein he furnished 40. ships at his owne charge A man of great meanes yet of a hart greater and a hand larger then any meanes would well suffice His profuse liberalities to men of armes gaue often sharpe offence to the King who could not indure any such improuident expences Amongst the lawes hee made which shewes the power these Earles then had in their Prouinces hee ordayned that in the Countie of Hereford no man of armes or soldier should be fined for any offence whatsoeuer aboue 7. shillings when in other Counties vpon the least occasion of disobeying their Lords will they were forced to pay 20. or 25. shil But his estate seeming to beare no proportion with his minde and enough it was not to be an eminent Earle an especiall Councellor in all the affaires of England and Normandie a cheife fauoritie to so great a Monarch but that larger hopes drew him away designing to marrie Richeld Countesse dowager of Flanders and to haue the gouernment of that Countrie during the non age of Arnulph her sonne of whom with the King of France he had the tutelarie charge committed by Baldouin the sixth Father to Arnulph whose estate Robert Le Frison his vncle called by the people to the gouernment vpon the exactions inflicted on them by Richeld had vsurped And against him Fitz Auber opposing was with Arnulph surprized and slayne And this was in the fate of the Conqueror to see most of all these great men who had beene the especiall actors in all his fortunes spent and extinct before him As Beaumont Monsort Harcourte Hugh de Gourney Vicount Neele Hugh de Mortimer Conte de Vennes c. And now himselfe after his being brought sicke to Rouan and there disposing his estate ended also his act in the. 74. yeare of his age and the. 21. of his raigne Three daies the Corpes of this great Monarch is said to haue layne neglected while his seruants attended to imbessill his mouables in the end his yongest sonne Henrie had it conueyed to the Abbey of Cane where first at the entry into the Towne they who carried the Corpes left it alone and ranne all to quench the fire Afterward brought to be intombed a Gentleman stands foorth and in sterne manner forbids the interment in that place claiming the ground to be his inheritance descended from his auncestors taken from him at the building of that Abbey and appeales to Row their first founder for Iustice whereupon they were faine to compound with him for an Annuall rent Such adoe had the body of him after death who had made so much in his life to be brought to the earth and of all he attaind had not now a roome to containe him without being purchased at the hand of another men esteeming a liuing Dog more then a dead Lyon He had a faire issue by Maude his wife foure sonnes and fiue daughters To Robert his eldest he lest the Duchy of Normandy to William the third sonne the kingdome of England to Henry
to whom the father and mother had left much treasure and for the same ingages the Country of Constantine and leauies an Army for England But William newlie inuested in the Crowne though well prepared for all assaults had rather purchace a present peace by mediation of the Nobles on both sides till time had better setled him in his gouernment then to rayse spirits that could not easily be allayed And an agreement betweene them is wrought that William should hold the crowne of England during his life paying to Robert 3. thousand Marks Per annum Robert hauing closed this businesse resumes by force the Country of Costantin out of his brother Henries hands without discharge of those summes for which he had ingaged it Whereupon King William obrayds Henry with the great gayne he had made by his vsurie in lending mony to depriue him of his Crowne And so Henry gote the hatred of both his brothers and hauing no place safe from their danger where to liue surprized the Castle of Mount Saint Michel fortifies him therein gets ayde of Hugh Earle of Britaigne and for his mony was serued with Bretons who committed great spoyles in the Countries of Costantin and Bessin Odon Byshop of Bayeux returning into England after his imprisonment in Normandie and restored to his Earldom of Kent finding himselfe so far vnder what he had bene and Lanfranc his concurrent now the onely man in councell with the King complots with as many Norman Lords as he found or made to affect change and a new maister and sets them on worke in diuers parts of the Realme to distract the Kings forces as first Geoffery Bishop of Constans with his nephew Robert de Mowbray Earle of Northumberland fortifie them selues in Bristow and take in all the Country about Roger de Bigod made himselfe strong in Northfolke Hugh de Grandmenill about Leicester Roger de Mongomerie Earle of Shrewsbery with a powre of Welshmen and other there about sets out accompanied with William Byshop of Durham Bernard de Newmarch Roger Lacie and Raulfe Mortimer all Normans and assayle the Cittie of Worcester making themselues strong in those parts Odon himselfe fortifies the Castle of Rochester makes good all the coast of Kent sollicites Robert to vse what speed he could to come with all his power out of Normandie which had he done in time and not giuen his brother so large oportunitie of preuention he had carried the kingdome but his delay yeeldes the King time to confirme his frends vnder-worke his enemies and make him strong with the English which he did by granting relaxation of tribute with other relieuements of their doleances and restoring them to their former freedom of hunting in all his woodes and forests a thing they much esteemed whereby he made them so strongly his as he soone brake the necke of all the Norman conspiracies they being egar to reuenge them of that nation and here they learned first to beat their Conquerors hauing the faire aduantage of this action which cut the throtes of many of them Mongomerie being wonne from his complices and the seuerall conspirators in other parts represt the King comes with an Army into Kent where the head of the faction lay and first wonne the Castle of Tunbridge and that of Pemsey which Odon was forced to yeeld and promise to cause those which defended that of Rochester which were Eustace Earle of Bologne and the Earle of Mortaigne to render likewise the same But being brought thither to effect the businesse they within receiuing him detayned him as he pretended prisoner and held out stoutly against the King vpon a false intelligence giuen of the ariuall of Duke Robert at Southampton but in the end they were forced to quit the place and retyre into France and Odon to abiure England And to keepe off the like danger from hence he transports his forces into Normandie there to waste and weaken his brother at home So as might hold him from any future attempts abroad for euer after Where first he obtaines Saint Valery and after Albemarle with the whole Country of Eu Fescampe the Abathie of monte Saint Michel Cherburge and other places Robert seekes ayde of Phillip King of France who comes downe with an Army into Normandie but ouercome with the power of mony wherewith King William assayled him did him little good and so retired Whereupon Duke Robert in the end was driuen to a dishonorable peace concluded at Caen with these Articles 1. that King William should hold the County of Eu Fescampe and all other places which he had bought and were deliuered vnto him by William Earle of Eu and Stephen Earle of Aumal sisters sonne to William the first 2. He should aide the Duke to recouer all other peeces which belonged to his Father and were vsurped from the Duchy 3. That such Normans as hadlost their estates in England by taking part with the Duke should be restored thereunto 4. That the suruiuer of either of them should succeed in the dominions both of England and Normandie After this peace made by the mediation of the King of France whilst William had a strong Army in the field Duke Robert requested his aid against their brother Henry who still kept him in the fort of mount Saint Michel vpon his gard holding it best for his saftie For being a Prince that could not subsist of himselfe as an earthen vessel set amongst iron pots he was euery way in danger to be crusht and seeing he had lost both his brothers by doing the one a kindnesse if he should haue toke to either their turne being serued his owne might be in hazard and so betooke him to this defence Forty daies the 2. Princes layd siege to this Castle and one day as the King was alone on the shore there sallies out of the Forte a companie of horse whereof three ran at him so violently and all strooke his horse together with their lances as they brake pectorall girses and all that the horse slips away and leaues the King and the saddle on the ground the King takes vp the saddle with both hands and therewith defendes himselfe till rescue came and being blamed by some of his people for putting himselfe thus in perill of his life to saue his saddle answered it would haue angred him the Bretons should haue bragged they had wonne the saddle from vnder him and how great an indignitie it was for a King to suffer inferiors to force any thing from him In the end Henry grew to extreame want of drinke and water allthough he had all other prouision sufficient within his forte and sends to Duke Robert that he might haue his necessitie supplied the Duke sendes him a Tunne of wine and grantes him truce for a day to furnish him with water Wherewith William being displeased Duke Robert told him it was hard to deny a brother meate and drinke which craued it and that if he perisht they had not a brother Wherewith William
she had from a blessed mother and with much a do was wonne from her cloyster and her vow to God to discend to the world and be a wife to a King Thus stood he intrenched in the State of England when his brother Robert returning from the holy warres and receiued with great applause into his Duchie of Normandy shakes the ground of all this businesse the first yeare threatning the second ariuing with a strong Army at Portsmouth to recouer the Crowne appertayning to him by the course of right hauing a mighty partie in England of the Norman Nobilitie who either moued with conscience or their discontent a sickenesse rising of selfe opiniō ouer-expectatiō made any light occasion the motiue of reuolt The Armyes on both sides meete and are readie to incounter when for auoyding Christian bloud a treatie of peace was moued and in the end concluded with these articles that seing Henry was borne since his father was King of England which made him the eldest sonne of a King though the last of a Duke and now inuested in the Crowne by the act of the kingdom he should inioy the same during his life paying to Robert 3000. markes per annum and Robert suruiuing to succeed him that all who had taken part with Robert should haue their pardon and receiue no detriment This businesse thus fairely passed ouer Robert of a generous and free nature staies and feasts with his brother here in England from the beginning of August till Michelmas and then returnes into Normandie When Henry rid of this feare takes to a higher strayne of regalitie and now standes vpon his Prerogatiue for the inuestitures of Byshops and collation of other Ecclesiasticall estates within his kingdome oppugned by Anselme who refused to consecrate such as he preferred alledging it to be a violation of the sacred rites and Ceremonies of the Church lately decreed concerning this businesse in so much as the King dispatches an Embassage to Pope Paschal with declaration of the right he had to such inuestitures from his predecessors the Kings of England who euermore conferred the same without interruption till now of late Anselme followes after these Ambassadours goes likewise to Rome to make good the opposition The King banishes him the kingdom and takes into his hands the Byshopricke The Pope standes stifly to the power assumed by the Church but in the end seeing the King fast strong and lay too far off out of his way to be constrayned and hauing much to do at that time with the Emperour and other Princes about the same businesse takes the way of perswasion to draw him to his will soliciting him with kinde letters full of protestations to further any designes of his that might concerne his state if he would desist from this proceeding The King prest with some other occasions that held him in and hauing purposes of that nature as by forbearance of the Church might be the better effected consents to satisfie the Popes will and becomes an example to other Princes of yeelding in this case Anselme is re-called after a yeares banishment and the Ambassadors returne with large remunerations Whilst these things were managing at Rome there burst out here a flame which consumed the parties that raised it and brought the king more easily to his ends then otherwise he could euer haue expected Robert de Belesme Earle of Shrewsbury sonne to Roger de Mongomery a fierce youth presuming of his great estate and his friends fortifies his Castles of Shrewsbury Bridgenorth Tickhill and Arundell with some other peeces in Wales belonging to him and combines with the Welch to oppose against the present State out of a desire to set all in combustion for his owne ends that were vncertaine which put the king to much trauaile and charge but within 30. dayes by imploying great forces and terrors mixt with promises he scattered his complices and tooke all his Castles except that of Arundell which rendred vpon condition that the Maister might be permitted to retire safe into Normandy which the king easily granted seeing now he was but the body of a silly naked creature that had lost both feathers and wings And it made well for the king his going thither For from the loosing of his owne estate in England and thereby aduancing the kings reuenues he goes to loose Normandy also and bring it to this Crowne For as soone as he came thither he fastens amitie with one of like condition and fortune as himselfe an exiled man whose insolencie had likewise stript him out of all his estate in England and much wasted that in Normandie which was William Earle of Mortaigne sonne to Robert halfe brother to King William I. Who being also Earle of Cornewall made sute likewise to haue that of Kent Which his vnkle Odon lately held but being denyed it and also euicted by law of certayne other parcels of Land which he claymed retires with great indignation into Normandie where not onely he assaults the Kings Castles but also vsurps vpon the State of Richard the young Earle of Chester then the Kings warde These two Earles combine themselues and with their adherents committed many outragious actions to the great spoyle and displeasure of the Country whereof though they complayned to Duke Robert they found litle remedie For he being now grown poore by his out-lauishing humor began it seemes to be little respected or els falne from action those greatnesses his expectation had shewed him was as commonly great mindes dasht with ill fortunes are falne likewise in spirit and giuen ouer to his ease Whereupon the people of Normandie make their exclamations to the King of England who sendes for his brother Robert reprehendes him for the sufferance of these disorders aduises him to act the parte of a Prince and not a Monke and in conclusion whether by detention of his pension or drawing him being of a facile nature to some act of releasing it sendes him home so much discontented as he ioynes with these mutinous Earles and by their instigation was set into that flame as he raysed all his vtmost forces to be reuenged on his brother The King touched in conscience with the fowlenesse of a fraternall war which the world would take he being the mightier to proceed out of his designes stood doubtfull what do when Pope Pasehall by his letters written with that eloquēce saith Malmesbury wherein he was quicke perswaded him that herein he should not make a ciuill warre but do a noble and memorable benefit to his Country Whereby payde for remitting the inuestitures he held himselfe countenanced in this businesse Whereon now he sets with more alacritie and resolution And after many difficulties and losse of diuers worthy men in a mightie battayle nere the Castle of Tenerchbray his enemies with much a do were all defeited Whereby England wonne Normandie and on the same day by computation wherein 40. yeares before Normandie ouer-came England such are the turnings in affaires of men
And here Robert who stood in a fayre possibility of two Crownes came to be depriued of his Duchy and all he had brought prisoner into England and committed to the Castle of Cardiffe Where to adde to his miserie he had the misfortune of a long life suruiuing after he lost himselfe 26. yeares whereof the most parte he saw not hauing his eyes put out whereby he was onely left to his thoughts a punishment barbarously inflicted on him for attempting an escape He was a Prince that gaue out to the world very few notes of his ill but many of his noblenesse and valour especially in his great voyage where he had the second command and was in election to haue bene the first preferred to the Crowne of Ierusalem and missed it hardly Onely the disobedience in his youth shewed to his father which yet might proceed from a rough hand borne ouer him and the animation of others rather then his owne nature set a stayne vpon him and then his profusion which some would haue liberalitie shewed his impotencie and put him into those courses that ouerthrew him All the reuenues of his Duchie which should serue for his maintenance he sold or ingaged and was vpon passing the Cittie of Roan to the Citizens Which made him held vnfit for the gouernment and gaue occasion to his brother to quarrell with him And thus came Henry freed from this feare and absolute Duke of Normandie had many yeares of quiet gathered great treasure and intertayned good intelligence with the neighbour Princes Scotland by his Match and doing their Princes good he held from doing him hurte clearing them from vsurpations Wales though vnder his title yet not subiection gaue him some exercise of action which he ordred with great wisedome First he planted with in the bodie of that Country a Colonie of Flemings who at that time much pestred this kingdome being admitted here in the raigne of King William 1. marrying their Country woman and vsing their helpe in the action of England where they daylie increased in such sorte as gaue great displeasure to the people But by this meanes both that greuance was eased and the vse of them made profitable to the State for being so great a number and a strong people they made roome for themselues held it in that sorte as they kept the Welsh all about them in very good awe Besides the King tooke for Ostages the chiefe mens sonnes of the Country and hereby quieted it For France he stood secure so long as Phillip 1. liued who wholy giuen ouer to his ease and luxurie was not for other attempts out of that course but his sonne he was to looke vnto whensoeuer he came to that Crowne With the Earle of Flanders he had some debate but it was onely in words and vpon this occasion King William the first in retribution of the good his father in law Baldâ—â—in 5. had done by aiding him in the action of England gaue him yearely 300 markes and likewise continued it to his sonne after him Now Robert Earle of Flanders of a collaterall line returning emptie from the holy warres and finding this summe paid out of England to his predecessors demaundes the same of king Henry as his due who not easie to part with money sends him word that it was not the custome of the kings of England to pay tribute If they gaue pensions they were temporanie and according to desert Which answer so much displeased the Earle that though himselfe liued not to show his hatred yet his sonne did and aided afterward William the sonne of Robert Curtoys in his attempts for recouerie of the Duchie of Normandy against king Henry Thus stood this king in the first part of his raigne in the other he had more to do abroad then at home where he had by his excellent wisedome so setled the gouernment as it held a steady course without in interruption all his time But now Lewis le Gros succeeding his father Philip the first gaue him warning to looke to his State of Normandy and for that he would not attend a quarrell he makes one taking occasion about the Cittie of Gisors scituate on the riuer Epre in the confines of Normandy whilst Louys was trauailed with a stubborne Nobility presuming vpon their Franchises within their owne Signories whereof there were many at that time about Paris as the Contes of Crecy Pissaux Dammartin Champagne and others who by example and emulation would bee absolute Lords without awe of a maister putting themselues vnder the protection of Henry who beeing neere to assist them fostred those humors which in sicke bodies most shew themselues But after Louys by yeares gathering strength dissolued that compact and made his meanes the more by their confiscations Now to entertaine these two great Princes in worke the quarrell betweene the Pope and the Emperour ministred fresh occasion The Emperour Henry 5. hauing by the Popes instigation banded against his father Henry 4. who associated him in the Empire and held him prisoner in that distresse as he died toucht afterward with remorse of this act and reproach of the State for abandoning the rights of the Empire leuies sixtie thousand foote and thirtie thousand horse for Italy constraines the Pope his Colledge to acknowledge the rights of the Empire in that forme as Leo 4. had done to Otho 2. and before that Adrian to Charlemaigne according to the decree of the Councell of Rome and made him take his Oath of fidelitie betweene his hands as to the true and lawfull Emperour The Pope so soone as Henry was departed home assembles a Councell nullifies this acknowledgment as done by force and shortly after deceased The Emperour to make himselfe the stronger against his successor enters into aliance with the King of England takes to wife his daughter Maud being but fiue yeares of age After this Calixte sonne of the Conte de Borgogne comming to bee Pope and beeing French to their great applause assembles a Councell at Reimes where by Ecclesiasticall sentence Henry 5. is declared enemy of the Church and degraded of his Imperiall dignitie The King of England seeing this Councell was held in France composed chiefly of the Galicane Church desirous to ouer-maister Louys incenses his sonne in law the Emperour stung with this disgrace to set vpon him as the Popes chiefe piller on one side and hee would assaile him on the other The Emperour easily wrought to such a businesse prepares all his best forces the King of England doth the like The King of France seeing this storme comming so impetuously vpon him wrought so with the Princes of Germany as they weighing the future mischife of a warre vndertaken in a heare with the importance of a kinde neighbourhood aduise the Emperour not to enter there into till hee had signified to the King of France the causes of his discontent Where upon an Embassage is dispatched the King of France answeres that hee grieued much to
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
England but a collected power out of all France and Flanders with the aydes of other Princes And by these meanes made he good his vndertaking and within eight monethes was readie furnished with a powrefull army at Sainct Valerie in Normandie whence he transported the same into England in 896. ships as some write And this was the man and thus made to subdue England And now hauing gotten the great and difficult battaille before remembred at Hastings the fourtenth of October 1066. he marched without any opposition to London where Edwin and Morchar Earles of Northumberland and Mercland brothers of eminent dignitie and respect in the kingdome had laboured with all their power to stirre the harts of the people for the conseruation of the State and establishing Edgar Atheling the next of the Royall issue in his right of the Crowne whereunto other of the Nobilitie had likewise consented had they not seene the Byshops auerse or wauering For asthen to the Clergie any King so a Christian was all one they had their Prouince a parte deuided from secular domination and of a Prince though a stranger who had taken vp so much of the world before hand vpon credite and fame of his piety and bountie they could not but presume well for their estate and so were content to giue way to the present Fortune The Nobilitie considering they were so borne and must haue a King not to take him that was of power to make himselfe would shew more of passion then prouidence and to be now behinde hand to receiue with more then submission was as if to withstand which with the distrust of each others faith made them stryue and runne headlong who should be first to pre-occupate the grace of seruitude and intrude them into forrayne subiection The Commons like a strong vessell that might haue beene for good vse was heereby left without a sterne and could not moue but irregularly So that all estates in generall either corrupted with new hopes or transported with feare forsooke themselues and their distressed Countrie Vpon his approach to London the gates were all set open the Archbyshope of Canterburie Stigand with other Byshops the Nobilitie Magistrates and people rendring themselues in all obedience vnto him and he returning plausible protestations of his future gouernment was on Christmas day then next following crowned King of England at Westminister by Aldred Arch-byshop of Yorke for that Stigand was not held canonically inuested in his Sea and yet thought to haue beene a forward mouer of this alteration Heere according to the accustomed forme at his Coronation the Byshops and Barons of the Realme tooke their oath to be his true and loyall subiects and he reciprocally being required thereunto by the Arch-byshope of Yorke made his personall oth before the Altar of Saint Peter to defend the holy Churches of God and the Rectors of the same to gouerne the Vniuersall people subiect vnto him iustly to establish equall lawes and to see them ducly executed Nor did he euer clayme any power by conquest but as a regular Prince submitted himselfe to the orders of the kingdome desirous rather to haue his Testamentarie title howsoeuer weake to make good his succession rather then his sword And though the Stile of Conquerer by the flatterie of the time was after giuen him he shewed by all the course of his gouernment he assumed it not introducing none of all those alterations which followed by violence but a milde gathering vpon the disposition of the State and the occasions offered and that by way of reformation And now taking hostages for his more securitie and order for the defence and gouernment of his kingdome at the opening of the spring next he returnes into Normandie so to settle his affaires there as they might not distract him from his businesse in England that required his whole powers And to leaue here all sure behind him he commits the rule of the kingdome to his brother the Bishop of Bayeux and to his cosin Fitz Auber whom he had made Earle of Hereford taking with him all the chiefe men of England who were likest to be heads to a reuolt As Edger Atheling the Arch-bishop Stigand lately discontented Edwyn and Morchar with many other Bishops and Noble men Besides to vnburthen his charge and dis-impester his Court he tooke backe with him all the French aduenturers and such as were vnnecessary men rewarding them as farre as his treasure would extend and the rest he made vp in faire promises In his absence which was all that whole sommer nothing was here attempted against him but onely that Edric surnamed the Forrester in the County of Hereford called in the kings of the Welsh to his aide and forraged only the remote borders of that country The rest of the kingdome stood quiet expecting what would become of that new world wherein as yet they found no great alteration their lawes and liberties remaining the same they were before and might hope by this accession of a new Prouince the state of England would be but inlarged in dominion abroad and not impaired in profit at home by reason the nation was but small and of a plentifull and not ouer-peopled country likely to impester them Hauing disposed his affaires of Normandy he returnes towards winter into England where he was to satisfie three sorts of men first such aduenturers with whom he had not yet cleered Secondly those of his owne people whose merits or neernesse looked for recompence whereof the number beeing so great many must haue their expectations fed if not satisfied Thirdly the people of this kingdome by whom he must now subsist for being not able with his owne nation so to impeople the same as to hold and defend it if he should proceed to an extirpation of the naturall inhabitants he was likewise to giue them satisfaction Wherein he had more to do then in his battell at Hastings seeing all remunerations with supplies of money must be raised out of the stocke of the kingdome which could not but be irkesome to the State in generall and all preferments and dignities conferd on his to be either by vacancies or displacing others which must needs breed very feeling grieuances in perticular And yet we finde no great men thrust out of their roomes but such as put themselues out by reuolting after his establishment and their fealtie giuen So that it seemes he contented himselfe and his for the time onely with what he found here ready and with filling vp their places who were slaine in the battell or fled as many were with the sonnes of Harald out of the kingdome Such Gentlemen as he could not presently preferre and had a purpose to aduance he dispersed abroad into Abbeys there to liue till places fell out for them and 24 he sent to the Abby of Eley whereby he not onely lessened the multitude of attendants and suitors at Court eased that eye-sore of strangers but also had them a watch ouer the
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
likewise relenting they sent for Henry and an agreement is made he should hold in morgage the Country of Costantine till the mony was paide and a day appointed to receiue it at Rouen Which accord King William the rather wrought to draw as much from Robert as he might whom by this voyage he not onely had wasted but possest himselfe of a safe and continuall landing place with a part of his Duchy caused him to put from him and banish out of Normandy Edgar Etheling whom Robert held his Pensioner and as a stone in his hand vpon all occasions to threaten William with anothers right if his owne preuailed not And besides he wrought so as either through promise of money or some farther ratification to be made here he brought his brother Robert with him ouer into England and tooke him along in an expedition against Malcolin who had incroched vpon his territories during his absence Which businesse ebing determined without battell Robert soone after returnes much discontented into Normandie and as it seemes without money to satisfie his brother Henry Who repairing to Rouen at his day appointed in stead of receiuing it was committed to prison and before he could be released forced to renounce the country of Costentine and sweare neuer to claime any thing in Normandy Henry complaines of this grosse iniustice to Philip king of France who gaue him a faire entertainement in his Court Where he remained not long but that a knight of Normandy named Hachard vndertaking to put him into a Fort maugre his brother Robert within the Duchy conueyed him disguised out of the Court and wrought so as the Castle of Damfronc was deliuered vnto him whereby shortly after he got all the country of Passays about it and a good part of Costentine by the secret aide of king William Richard de Riuieres and Roger de Manneuile Duke Robert leuies forces and eagerly wrought to recouer Damfronc but finding how Henry was vnderset inueighes against the persidie of his brother of England in so much as the flame of rankor burst out againe more then euer And ouer passes king William with a great Army but rather to terrifie then do any great matter as a Prince that did more cōtend then warre and would be great with the sword yet seldome desired to vse it if he could get to his ends by any other meanes seeking rather to buy his peace then win it Many skirmishes interpassed with surprisements of Castles but in the end a treatie of peace was propounded wherein to make his conditions what he would king William seemes hard to be wrought and makes the more shew of force sending ouer into England for an Army of 30000 men which being brought to the shore ready to be shipped an offer was made to be proclaimed by his Lieftenant that giuing ten shillings a man whosoeuer would might depart home to his dwelling Whereby was raised so much as discharged his expence and serued to see the king of France vnder-hand for his forbearing aide to Duke Robert who seeing himselfe left by the French must needes make his peace as the other would haue it Now for his affaires at home the vncertaine warres with Wales and Scotland gaue him more businesse then honour Being driuen in the one to incounter with mountaines in stead of men to the great losse and disaduantage of his people and in the other with as many necessities Wales he sought to subdue Scotland so to restraine as it might not hurt him For the last after much broyle both kings seeming more willing to haue peace then to seeke it are brought to an enteruiew Malcolin vpon publicke faith and safe-conduit came to Glocester where vpon the hautinesse of king William looking to be satisfied in all his demands and the vnyeeldingnesse of king Malcolin standing vpon his regalitie within his owne though content to be ordred for the confines according to the iudgement of the Primare of both kingdomes nothing was effected but a greater disdaine and rankor in Malcolin seeing himselfe dispised and scarce looked on by the king of England So that vpon his returne armed with rage he raises an Army enters Northumberland which foure times before he had depopulated and now the fifth seeking vtterly to destroy it and to haue gone farther was with his eldest sonne Edward slaine rather by the fraud then powre of Robert Mowbray Earle of that County The griefe of whose deaths gaue Margueret that blessed Queene hers After whom the State elected Dufnald brother to Malcolin and chased out all the English which attended the Queene and were harbored or preferred by Malcolin King William to set the line right and to haue a king there which should be beholding to his power aides Edgar the second sonne to Malcolin who had serued him in his warres to obtaine the Crowne due vnto him in right of succession by whose meanes Dufnald was expeld and the State receiued Edgar but killed all the aide he brought with him out of England and capitulated that he should neuer more entertaine English or Norman in his seruice This businesse setled Wales strugling for liberty and reuenge gaue new occasion of worke whither he went in person with purpose to depopulate the country but they retiring into the Mountaines and the Isle of Anglesey auoided the present furie But afterward Hugh Earle of Shrewsbury and Hugh Earle of Chester surprising the Isle their chicfest retreit committed there barbarous examples of cruelty by excoecations and miserable dismembring the people which immanity was there sodenly auenged on the Earle of Shrewsbury with a double death first shot into the eye and then tumbling ouer-boord into the sea to the sport and scorne of his enemy the king of Norway who either by chance or of purpose comming vpon that coast from taking in the Orchades encountred with him and that force he had at sea These were the remote businesses when a conspiracie brake out within the body of the kingdome complotted by Robert Mowbray Earle of Northumberland William d' Ou and many other which gaue the King more trouble then danger for by the speedy and maine prosecution of the businesse wherein hee vsed the best strength of England it was soone ended with the confusion of the vndertakers But it wrought an ill effect in his nature by hardening the same to an extreme rigor for after the feare was past his wrath and cruelty were not but which is hideous in a Prince they grew to be numbred amongst incurable diseases Many accusations of great men followed vpon this act and were easily beleeued howsoeuer proued William de Aluerie a man of goodly personage his Aunts sonne and his Sewer was at a Councell holden at Salisbury condemned to be hanged when both in his confession to Osmond the Bishop there and to all the people as he passed to his execution he left a cleere opinion of his innocency and the wrong he had by the king But now whilst these
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
Commons as gaue all satisfaction He made diuers progresses into remote partes of the Land to see how the State was ordred And for that purpose when so euer he was in England he kept no certayne residence but solemnized the great festiuals in seuerall and far distant places of the kingdome that all might pertake of him And for that he would not wreste ny thing by an imperiall powre from the kingdome which might breede vlcers of dangerous nature he tooke a course to obtayne their free consents to serue his occasions in their generall Assemblies of the 3. estates of the Land which he first and often conuoked and which had from his time the name of Parlement according to the manner of Normandie and other States where Princes keepe within their circles to the good of their people their owne glorie and securitie of their posteritie He was a Prince that liued formally himselfe and repressed those excesses in his subiects which those times interrayned as the wearing of long hayre which though it were a gaytie of no charge like those sumptuous braueries that waste kingdomes in peace yet for the vndecencie there of he reformed it and all other dissolutenesse His great businesses and his wantes taught him frugalitie and warynesse of expence and his warres being seldome inuasiue and so not getting put him often to vse hard courses for his suppliments of treasure Towards the marriage of his daughter with the Emperour and the charge of his warre he obtayned as it might seeme at his first Parlement at Salisbury Anno. Reg. 15. three shillings vpon euery hide-land but he had no more in all his raigne except one supply for his warres afterward in France He kept Byshopricks and Abbayes voyd in his hands as that of Canterbury 5 yeares together By an act of Parlement at London Anno. Reg. 30. he had permission to punish mariage and incontinencie of Priests who for fines notwithstanding he suffred to inioy their wiues but hereby he displeased the Clergie and disappoynted that reformation Punishments which were mutilation of member he made pecuniarie And by reason of his often and long being in Normandie those prouisions for his house which were vsed to be payde in kinde were rated to certayne prices and receiued in mony by the consent of the State and to the great content of the subiect who by reason that many dwelling far off throughout all shires of England were much molested with satisfying the same otherwife He resumed the liberties of hunting in his Forests which tooke vp much faire ground of the kingdome and besides renuing former penalties made an Edict that if any man in his owne priuate woodes killed the Kings Deere should forfeit his woodes to the King But he permitted them inclosures for Parkes which vnder him seemes to haue their originall by the example of that of his at Woodstoke and after their multitude grew to be a diseaze His expences were cheifly in his warres and his many and great fortifications in Normandie His buildings were the Abbay of Reading the Mannour of Woodstoke and the great inclosure about that Parke The most eminent men of his Councell were Roger Byshop of Sarum and the Earle of Mellent both men of great experience in the affaires of the world Roger was euer as Viceroy had the whole management of the kingdome in his absence which was sometimes three and foure yeares together He had managed the Kings monyes and other affayres of his house when he was a poore Prince and a priuat man whereby he gayned an especiall trust with him euer after and discharged his part with great policie and vnderstanding had the title of Iusticiarius totius Anglia Of whose magnificence and spacious mynde we haue more memorials left in notes of stone then of any one Man Prince or other of this kingdome The ruynes yet remayning of his stately structures especially that of the Deuises in Wiltshire thewes vs the carkasse of a most Roman-like Fabricke Besides he built the Castles of Malmsburie and Shirburne two strong and sumptuous peeces new walled and repayred the Castle of Salisburie but all these he liued to see rent from him and seased into the next Kings handes as being thinges donne out his parte and ly now deformed heapes of rubble But the goodly Church of Salisburie a worke appertayning to his function remaynes as of another fate Robert Earle of Mellent was the sonne of Roger Beaumont who of all the great men which followed William I. in his ciuill warres of Normandie refused to attend him in his expedition for England though with large promises inuited thereunto saying The inheritance left him by his predecessors was sufficient to maintaine his estate at home and hee desired not to thrust himselfe into other mens possessions abroad But his sonne Robert was of another mind and had a mighty estate both in England and Normandy Was a man of great direction in Councell and euer vsed in all the waighty affaires of the State His parsimony both in apparell and diet was of such example being a man of eminent note as did much good to the kingdome in those dayes But in the end he fell into disgrace the fate of Court and eminency opposed against the king and died bereft of his estate Besides these this king was serued with a potent and martiall Nobility whom his spirit led to affect those great designes of his in France for the preseruation of his state in Normandy Whither in the 32 yeare of his raigne he makes his last voyage to dye there and in his passage thithe happened an exceeding great Ecclips of the Sunne which was taken to fore-signifie his death for that it followed shortly after in the thirty fiue yeare of his reigne Hee was of a gracefull personage quicke-eyed browne haire a different complexion from his brothers and of a close compacted temperament wherein dwelt a minde of a more solid constitution with better ordered affections Hee had in his youth some taste of learning but onely as if to set his stomake not to ouer-charge it therewith But this put many of his subiects into the fashion of the Booke and diuers learned men flourished in his time King Stephen THE Line Masculine of the Norman extinct and onely a daughter left and she married to a French-man Stephen Earle of Bologne and Mortagne son of Stephen Earle of Blois and of Adela daughter to William I. was notwithstanding the former oath taken for Maud elected by the State and inuested in the Crowne of England within 30 dayes after the death of Henry Vpon what reasons of Councell we must gather out of the circumstances of the courses held in that time Some imagine the state refused Maude for not being then the custome of any other kingdome Christian whose Kings are annoynted to admit women to inherite the Crowne and therefore they might pretend to be freed from their oath as being vnlawfull But Roger
fidelity to her The next day she was receiued with solemne procession into the Bishops Church at Winchester the Bishop leading her on the right hand and Bernard Bishop of Saint Dauids on the left There were present many other Bishops as Alexander Bishop of Lincolne and Nigel Bishop of Ely the nephews of Roger lately imprisoned Robert Bishop of Bath and Robert Bishop of Worcester with many Abbots Within a few dayes after came Theobald Archbishop of Canterbury to the Empresse inuited by the Legat but deferred to do fealty vnto her as holding it vnworthy his person and place without hauing conferd first with the king And therefore he with many Prelats and some of the Layty by permission obtained went to the king to Bristow The Councell brake vp the Empresse keepes her Easter at Oxford being her owne towne Shortly vppon Easter a Councell of the Clergie is againe called to Winchester where the first day the Legat had secret conference with euery Bishop apart and then with euery Abbot and other which were called to the Councell the next day he makes a publicke speech Shewing how the cause of their Assembly was to consult for the peace of their country in great danger of vtter ruine Repeates the flourishing raigne of his vnkle the peace wealth and honour of the kingdome in his time and how that renowned king many yeares before his death had receiued an oath both of England and Normandy for the succession of his daughter Maude and her Issue But said he after his decease his daughter being then in Normandy making delay to come into England where for that it seemed long to expect order was to be taken for the peace of the countrey my brother was permitted to raigne And although I interposed my selfe a surety betweene God and him that he should honour and exalt the holy Church keepe and ordaine good lawes Yet how he hath behaued himselfe in the kingdome it gricues me to remember and I am ashamed to repeate And then recounts he all the Kings courses with the Bishops and all his other misgouernments And then saide he euerie man knowes I ought to loue my mortall brother but much more the cause of my immortall Father therfore seeing God hath shewed his iudgment on my brother and suffered him without my knowledge to fall into the hand of Power that the kingdome may not miscary for want of a Ruler I haue called you all hither by the power of my Legation Yesterday the cause was moued in secret to the greatest part of the Clergie to whom the right appertaines to elect and ordaine a Prince And therefore after hauing inuoked as it is meete the Diuine aide we elect for Queene of England the daughter of the peacefull glorious rich good and in our time the incomparable king and to her we promise our faith and allegiance When all who were present either modestly gaue their voyce or by their silence contradicted it the Legate ads The Londoners who are in respect of the greatnesse of their City as among the optimacie of England we haue by our messengers summoned and I trust they will not stay beyond this day to morrow we will expect them The Londoners came were brought into the Councell shewed How they were sent from the Communaltie of London not to bring contention but prayer that the King their Lord might be fred from captiuitie and the same did all the Barons receiued within their Liberties earnestly beseech of my Lord Legate and all the Clergie there present The Legat answers them at large and loftily according to his speech the day before and added That the Londoners who were held in that degree in England ought not to take their parts who had forsaken their Lord in the warre by whose Councell the Church had beene dishonoured and who fauoured the Londoners but for their owne gaine Then standes there vp a Chaplayne to Queene Maude wife to Stephan and deliuers a letter to the Legat which he silently read and then said alowd that it was not lawfull in the assembly of so many reuerend and religious persons the same should be publikly read containing matter reprehensible The Chaplayne not to fayle in his message boldly reades the letter himselfe which was to this effect That the Queene earnestly intreates all the Clergie there assembled namely the Bishop of Winchester the brother of her Lord to restore him vnto the kingdome whom wicked men which were also his subiects held prisoner To this the Legat answeres as to the Londoners and shortly after the Councell brake vp where in many of the Kings part were excommunicated namely William Martell an especiall man about the King who had much displeased the Legat. Hereupon a great part of England willingly accepted of Maude in whose businesses her brother Robert imployes all his diligence and best care reforming iustice restoring the Lawes of England promising relieuements and whatsoeuer might be to winne the people the Legat seconding all his courses But now she being at the point of obtayning the whole kingdome all came sodainly dasht by the practise of the Londoners who adhering to the other side began openly to inueigh against her who in something whatsoeuer it were had displeased them and they had plotted to surprize her in their Cittie whereof she hauing notice secretly withdrawing herselfe accompanied with her vnkle Dauid King of Scots who was come to visit her and her brother Robert vnto Oxford a place of more securitie The Legat himselfe takes or makes an occasion to be flacke in her cause vpon her denying him a sute for his Nephew Eustace the sonne of Stephan about the inheritance of his Earldome of Mortaigne in Normandie Besides the Queene regnant watchfull ouer all oportunitie found meanes to parle with the Legat sets vpon him with her teares intreatie promises and assurances for the Kings reformation in so much as she recalled him to the affections of nature brought him about againe to absolue such of the Kings part as he had lately excommunicated The Earle of Glocester seeing this sudden and strange relaps of their affaires striues by all meanes to hold vp Opinion and re-quicken the Legats disposition which to keepe sound was all He brings the Empresse to Winchester setles her and her guard in the Castle where she desires to speake with the Legat who first delayes then denies to come Whereupon they call their best friends about them Queene Maude and the Lords incompasse the Towne and cut off all victuall from the Empresse so that in the end the Earle of Glocester wrought meanes to haue her conueyd from thence to the Vies but himselfe was taken and in him most of her This sets the sides both euen againe into the Lists of their triall the two prisoners are to redeeme each other The disproportion of the quality betweene them shewed yet there was an euennesse of power and the Earle would not consent to the Kings deliuery who onely in that was