cannot Foule weather may much hinder the discharge of the piece but it is no great impediment to the shot of the Bow A horse strooke with a bullet if the wound be not mortall may performe good seruice but if an arrow be fastened in his flesh the continuall stirring thereof occasioned by the motion of himselfe will enforce him to cast off all command and either beare downe or disorder those that are neere But the cracke of the piece will some man say doeth strike a terrour into the enemie True if they bee such as neuer heard the like noise before But a little vse wil extinguish these terrours to men yea to beasts acquainted with these cracks they worke a weake impression of feare And if it be true which all men of action doe hold that the eye in all battailes is first ouercome then against men equally accustomed to both the sight of the arrow is more auaileable to victorie then the cracke of the piece Assuredly the Duke before the battaile encouraged his men for that they should deale with enemies who had no shot But I will leaue this point to be determined by more discerning iudgements and happily by further experience in these affaires and returne againe to my principall purpose The next day after the victorie the Duke returned to Hastings about seuen miles from the place of the encounter partly to refresh his Armie and partly to settle in aduise and order for his further prosecution First he dispatched messengers to signifie his successe to his friends abroad to the Pope he sent King Harolds Standerd which represented a man fighting wrought curiously with golde and precious stones Afterwards placing a strong garrison at Hastings he conducted his Armie towards London not the direct way but coasted about through part of Kent through Sussex Surrey Hampshire and Barkeshire the wayes where hee passed being as free from resistance as his thoughts were from change At Walling ford he passed ouer the Thames and then marched forward through Oxford shire Buckinghamshire and Hartford-shire vntill he came to the Castle at Berkhamstead In this passage many of his Souldiers languished and died of the Fluxe And whether it were vpon licentiousnesse after the late victorie or whether for want of necessary prouision or whether to strike a terrour into the English or whether to leaue no danger at his backe he permitted the sword to range at large to harrie freely to defile many places with ruine and blood In the meane time the English Lords assembled at London to aduise vpon their common affaires but the varietie of opinions was the chiefe impediment to the present seruice the danger being more important then the counsaile resolute or the confidence assured The Nobilitie enclined to declare Edgar grandchild to Edmund Ironside to be their King and with these the Londoners wholy went But those of the Clergie were of opinion some vpon particular respects all vpon feare to displease the Pope to yeeld to the storme and streame of the present time to yeeld to the mightie Arme of GOD that their forces being prostrated their hopes feeble and forlorne they must be content not to be constrained they must not prouoke the Victor too farre against whose forces and felicities time gaue them not power to oppose This deliberation held so long that all the time of action was spent For the Duke approched so neere the Citie that many preferring their safetie before other respects withdrew themselues and went vnto him Hereupon the residue dissolued and Alfred Archb. of Yorke Wolstane Bishop of Worcester Wilfire B. of Hereford and many other Prelates of the Realme went vnto the Duke at Berkhamstead accompanied with Edgar Earle Edwine Earle Morchar and diuers others of the Nobilitie who gaue pledges for their allegiance and were thereupon receiued to subiection and fauour The Duke presently dispatched to London was receiued with many declarations of ioy the lesser in heart the fairer in appearance and vpon Christmas day next following was crowned King Now the meanes whereby this victory was assured were the very same whereby it was atchieued euen by a stiffe and rigorous hand For whosoeuer supposeth that a State atteined by force can be reteined by milder meanes he shall find himselfe disappointed of his hopes A people newly subdued by force will so long remaine in obedience as they finde themselues not of force to resist And first he endeauoured either to preuent or appease all forren warres especially against the Danes who were then chiefly feared in England as well in regard of their former victories as for that they pretended title to the Crowne And herein two things did especially fauour his affaires One for that the Normans were in some sort allied to the Danes being the progenie of those Noruegians and Danes which vnder the conduct and fortune of Rollo inuaded France after many great atchieuements seated in Normandie The other was for that after the death of Canutus the state of Denmarke was much infeebled by diuision For the Noruegians set vp Magnus the sonne of Olaus for their King but the Danes acknowledged Canutus the third of that name by meanes whereof that puissant empire did languish in consumption of it selfe and could not be dangerous to any neighbour Countrey Yet ceased they not for many yeeres to continue claime to the Crowne of England But King William had purchased many sure and secret friends in that diseased state wherein all publike affaires were set to sale especially he vsed the authoritie of Adelbert Archbishop of Hamburgh either to crosse all counsaile of hostilitie against him or else to delay and thereby to delude the enterprise or lastly so to manage the action that it should noâ—… worke any dangerous effect After the death of Swaine Canutus prepared a Nauie of one thousand saile for inuasion of England and was aided with sixe hundred more by Robert le Frizon whose daughter hee had taken to wife But either for want or else by negligence or happily of purpose this Nauie continued partly in preparation and partly in a readinesse the space of two yeeres and then the voyage was layd aside The cause was attributed to contrarietie of winds but the contrariety of wils was the truest impediment Likewise Swaine had furnished against England a Nauie of 204. sayle commanded by Earle Osborne his brother Another fleete of 200. saile was set foorth vnder the charge of Earle Hacon But King William so corrupted them both that the one departed out of the Realme without performing any great exploit the other neuer would arriue Also out of those confusions in England Malcolme King of Scots did take his opportunitie for action Hee receiued into protection many English who either for feare or for discontentment forsooke their Countrey of whom many families in Scotland are descended and namely these Lindsey Vaus Ramsey Louell Towbris Sandlands Bissart Sowlis Wardlaw Maxwell with diuers others Hee entertained into his Court Edgar Atheling and
his cause for that he was a manifest vsurper naked of all true title to the Crowne pretending onely as borne of the daughter of Hardicanutus the Dane Yea he was infamous both for his iniurie and periurie towards the Duke and no lesse hatefull for his disloyaltie in former times in bearing Armes with his father against King Edward Hereupon the Nobilitie of the Realme were broken into factions Many of whom his owne brother Tosto was chiefe inuited Harold King of Norway to inuade with whom whilest Harold of England was incountring in Armes the residue drew in Duke William out of Normandie And these also were diuided in respects Some were caried by particular ends as being prepared in diuers maner by the Normane before hand others vpon a greedy and for the most part deceiueable ambition in hunting after hazard and change others were led with loue to their Countrey partly to auoyd the tempest which they saw to gather in clouds against them and partly to enlarge the Realme both in dominion and strength by adioyning the Country of Normandie vnto it In which regard because the lesse doeth alwayes accrue to the greater they thought it more aduantageable to deale with a Prince of an inferiour state then with a Prince of a state superiour or equal As for Edgar Atheling the next successour to the Crowne in right of blood he was not of sufficient age of a simple wit and slow courage not gracious to the English as well for his imperfections both in yeeres and nature as for that he was altogether vnacquainted with the customes and conditions of their Countrey vnfurnished of forces and reputation vnfurnished of friends vnfurnished of all meanes to support his title So Duke William hauing better right then the one and more power then the other did easily cary the prize from both Now touching the state of his owne strength albeit Normandie was but little in regard of England yet was it neither feeble nor poore For the people by reason of their continuall exercise in Armes by reason of the weightie warres which they had managed were well inabled both in courage and skill for all Militarie atchieuements Their valour also had bene so fauoured by their Fortune that they were more enriched by spoile then drawne downe either with losses or with charge Hereupon when preparation was to be made for the enterprise of England although some disswaded the Duke from embracing the attempt affirming that it was a vaine thing to streine at that which the hand is not able to conteine to take more meat then the stomacke can beare that he who catcheth at matters too great is in great danger to gripe nothing Yet did others not onely encourage him by aduise but enable him by their aide Among which William Fitz-Auber did furnish 40. ships with men and munition The Bishop of Baieux likewise 40 the Bishop of Mans 30 and in like sort others according to the proportion of their estates And yet he drew not his forces onely out of Normandie but receiued aide from all parts of France answerable not onely to his necessitie but almost to his desire Philip King of France at that time was vnder age and Baldwine Earle of Flanders was gouernour of the Realme whose daughter the Duke had taken to wife By his fauour the Duke receiued large supplies from the state of France both in treasure and in men of warre for countenance whereof it was giuen foorth that the Duke should hold the Realme of England as hee did the Duchie of Normandie vnder homage to the Crowne of France Hereupon diuers Princes of France did adioyne to his aide and especially the Duke of Orleance the Earles of Britaine Aniou Boloigne Ponthieu Neuers Poictou Hiesmes Aumale and the Lord of Tours Many other of the Nobilitie and Gentlemen did voluntarily aduenture both their bodies and whole estates vpon the euent of this enterprise So greatly had he either by courtesie wonne the loue or by courage erected the hopes of all men yea of many who had bin his greatest enemies With these also the Emperour Henry 4. sent him certaine troupes of Souldiers commanded by a Prince of Almaine Hee receiued also many promises of fauour from Swaine King of Denmarke And who can assure for the sequele maketh the coniecture probable that he held not intelligence with Harold Harfager King of Norway to inuade England with two armies at once So partly by his owne Subiects and partly by supply from his Alleys and friends hee amassed a strong Armie consisting chiefly of Normans Flemings French and Britaines to the number of fiftie thousand men and brought them to S. Valeries before which Towne his ships did ride Here he stayed a certaine time attending the wind as most writers doe report but rather as it may be coniectured to awaite the arriuall of Harold Harfager K. of Norway knowing right well that the inuasion of Harold of Norway vpon the North parts of the realme would draw away Harold of England to leaue the coasts towards the South vndefended During his abode at S. Valeries certaine English espials were taken whom King Harold had sent to discouer both the purposes and power of the Duke When they were brought to his presence with a braue confidence he said vnto them Your Lord might well haue spared this charge hee needed not to haue cast away his cost to vnderstand that by your industrie and faith which my owne presence shall manifest vnto him more certainly more shortly then he doth expect Goe your wayes goe tell him from me If he find me not before the end of this yeere in the place where hee supposeth that hee may most safely set his foote let him neuer feare danger from mee whilest hee liue Many Normans disliked this open dealing of the Duke preferring to his iudgement the valour and experience of King Harold the greatnesse of his treasure the number and goodnes of his men but especially his strong Nauie and expert Saylers accustomed both to the fights and dangers of the Sea more then any other people in the world To these the Duke turned and sayd I am glad to heare this opinion run both of his prowesse and of his power the greater shall our glory bee in preuailing against him But I see right well that I haue small cause to feare his discouery of our strength when you who are so neere vnto mee discerne so little Rest your selues vpon the Iustice of your cause and foresight of your Commaunder Who hath lesse then hee who can iustly tearme nothing his owne I know more of his weakenesse then euer he shall know of my strength vntill he feele it Performe you your parts like men and he shall neuer be able to disappoint either my assurance or your hopes Now Harold King of England had prepared a fleet to resist the inuasion of the duke of Normandie but by reason of his long stay at S. Valeries speeches did spread whether by error or subornation
a firme countenance but words well tempered with modestie and respect they demanded of him the vse of their ancient Liberties and Lawes that in other matters they would yeeld obedience vnto him that without this they desired not to liue The King was content to strike saile to the storme and to giue them a vaine satisfaction for the present knowing right well that the generall customes Lawes of the residue of the Realme would in short time ouerflow these particular places So pledges being giuen on both sides they conducted him to Rochester and yeelded the Countie of Kent and the Castle of Douer into his power In former times many Farmes and Mannors were giuen by bare word without writing onely with the sword of the Lord or his head-peece with a horne or standing goblet and many tenements with a quill with a horse-combe with a bow with an arrow but this sincere simplicitie at that time was changed And whereas Charters and deeds were before made firme by the subscription of the partie with crosses of gold or of some other colour then they were firmed by the parties speciall Seale set vpon waxe vnder the Teste of three or foure witnesses He ordained also his counsaile of State his Chancery his Exchequer his Courts of Iustice which alwaies remoued with his Court These places he furnished with Officers and assigned foure Termes in the yere for determining controuersies among the people whereas before all suites were summarily heard and determined in the Gemote or monthly conuention in euery hundred without either formalities or delay He caused the whole Realme to be described in a censuall Roll so as there was not one Hide of land but both the yerely rent and the owner thereof was therein set downe how many plowlands what pastures fennes or marishes what woods parkes farmes and tenements were in euery shire and what euery one was worth Also how many villaines euery man had what beasts or cattell what fees what other goods what rent or commoditie his possessions did yeeld This booke was called The Roll of Winton because it was kept in the Citie of Winchester By the English it was called Doomes day booke either by reason of the generalitie thereof or else corruptly in stead of Domus Dei booke for that it was layed in the Church of Winchester in a place called Domus Dei According to this Roll taxations were imposed sometimes two shillings and sometimes sixe shillings vpon euery hide of land a hide conteyning 20. acres besides ordinarie prouision for his house In all those lands which hee gaue to any man he reserued Dominion in chiefe to himselfe for acknowledgement whereof a yeerely rent was payd vnto him and likewise a fine whensoeuer the Tenant did alien or die These were bound as Clients vnto him by oath of fidelitie and homage And if any died his heire being in minoritie the King receiued the profits of the land and had the custodie and disposing of the heires body vntill his age of one and twentie yeeres It is reported of Caligula that when he entended to make aduantage of his penal Edicts he caused them to be written in so small letters and the tables of them to be fastened so high that it was almost impossible for any man to read them So the King caused part of those Lawes that he established to be written in the Norman language which was a barbarous and broken French not well vnderstood of the naturall French and not at all of the vulgar English The residue were not written at all but left almost arbitrarie to be determined by reason and discretion at large Hereupon it followed partly through ignorance of the people and partly through the malice of some officers of Iustice who many times are instruments of secret and particular ends that many were extreamely intangled many endangered many rather made away then iustly executed But here it may be questioned seeing these Lawes were layed vpon the English as fetters about their feet as a ponderous yoke vpon their necke to depresse and deteine them in sure subiection how it falleth that afterward they became not onely tolerable but acceptable and well esteemed Assuredly these lawes were exceeding harsh and heauy to the English at the first And therefore K. William Rufus and Henry the first at such time as Robert their eldest brother came in armes against them to challenge the crowne being desirous to winne the fauour of the people did fill them with faire promises to abrogate the lawes of K. William their father and to restore to them the Lawes of K. Edward The like was done by K. Stephen and by K. Henry the second whilest both contending to draw the State to himselfe they did most grieuously teare it in pieces The like by others of the first Kings of the Norman race whensoeuer they were willing to giue contentment to the people who desired no other reward for all their aduentures and labours for al their blood spent in the seruice of their Kings but to haue the Lawes of K. Edward restored At the last the Nobilitie of the Realme with great dispence both of their estates and blood purchased a Charter of libertie First from K. Iohn which was soone reuoked as violently enforced from him afterwards from King Henry the third which remained in force And hereby the sharpe seuerity of these lawes was much abated In that afterwards they become not onely tolerable but easie and sweete and happily not fit to bee changed it is by force of long grounded custome whereby those vsages which our ancestors haue obserued for many ages do neuer seeme either grieuous or odious to bee endured So Nicetas writing of certaine Christians who by long conuersing with the Turkes had defiled themselues with Turkish fashions Custome saith he winneth such strength by time that it is more firme then either Nature or Religion Hereupon Dio. Chrysostome compareth Customes to a King and Edicts to a Tyrant because we are subiect voluntarily to the one but vpon constraint and vpon necessitie to the other It is manifest saith Agathias that vnder whatsoeuer law a people hath liued they doe esteeme the same most excellent and diuine Herodotus reporteth that Darius the sonne of Hysdaspis hauing vnder his Dominion certaine Grecians of Asia who accustomed to burne their dead parents and friends and certaine nations of India who vsed to eate them called the Grecians before him and told them that it was his pleasure that they should conforme themselues to the custome of the Indians in eating their deceased friends But they applied all meanes of intreatie and perswasion that they might not be inforced to such a barbarous or rather brutish obseruation Then hee sent for the Indians and mooued them to conformitie with the Grecians but found that they did farre more abhorre to burne their dead then the Grecians did to eate them Now these seuerities of the King were much aggrauated by the English and