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
fractures here at home the vnrepairable breaches abroad were such as could giue the king no longer assurednesse of quiet then the attempters would and that all the Christian world was out either at discord amongst themselues or in faction by the schisme of the Church Pope Vrban assembling a generall Councell at Cleirmont in Auuergne to compose the affaires of Christendome exhorted all the Princes thereof to ioyne themselues in action for the recouery of the holy land out of the hands of infidels Which motion by the zealous negotiation of Peter the Hermit of Amiens tooke so generally meeting with the disposition of an actiue and religious world as turn'd all that flame which had else consumed each other at home vpon vnknowne nations that vndid them a broad Such and so great grew the heate of this action made by the perswasion of the iustice thereof with the state and glory it would bring on earth and the assurednesse of heauen to all the pious vndertakers that none were esteemed to containe any thing of worth which would stay behind Each giues hand to other to leade them along and example ads number The forwardnesse of so many great Princes passing away their whole estates and leauing all what the deernesse of their Country contained drewe to this warre 300000 men all which though in armes passed from diuerse countries and ports with that quietnesse as they seemed rather Pilgrimes then Souldiers Godefroy of Bouillon nephew and heire to the Duke of Lorrayne a generous Prince bred in the warres of the Emperour Henry 4. was the first that offered vp himselfe to this famous voyage and with him his two brothers Eustace and Baudouin by whose examples were drawne Hugh le Grand Count de Vermendois brother to Philip king of France Robert Duke of Normandy Robert le Frison Earle of Flanders Stephen Earle of Blois Chartres Aimar Byshop of Puy William Byshop of Orange Raimond Earle of Tholouse Baudouin Earle of Hainaut Baudouin Earle of Rethel and Garnier Earle of Gretz Harpin Earle of Bourges Ysoard Earle of Die Ramb and Earle of Orange Guillaum Conte de Forests Stephen Conte de Aumaul Hugh Earle of Saint Pol Rotron Earle of Perche and others These were for France Germany and the Countries adioyning Italie had Bohemond Duke of Apulia and England Beauchampe with others whose names are lost Spayne onely had none being afflicted at that time with the Sarazins Most of all these Princes and great personages to furnish themselues for this expedition sold or ingaged their possessions Godefroy sold the Duchie of Bologne to Aubert Byshop of Liege and Metz to the Cittizens besides he sold the Castle of Sarteney and Monsa to Richard Byshop of Verdun and to the same Byshop Bandouin his brother sold the Earldome of Verdun Eustace likewise sold all his liuelihood to the Church Herpin Earle of Bourges his Earldome to Phillip King of France and Robert morgaged his Duchie of Normandie the Earldome of Maine and all he had to his brother King William of England Whereby the Pope not onely weakened the Empire with whom the Church had to the great affliction of Christendome held a long and bloudie businesse about the inuestitures of Byshops tooke away and infeobled his partisans abated as if by Ostrocisme the power ofany Prince that might oppose him but also aduanced the State Ecclefiasticall by purchasing these great temporalties more honorable for the sellers then the buyers vnto a greater meanes then euer For by aduising the vndertakers seing their action was for CHRIST and his Church rather to make ouer their estates to the Clergie of whom they might againe redeeme the same and be sure to haue the fayrest dealing then vnto lay men he effected this worke Whereby the third part of the best Fiefs in France came to be possest by the Clergic and afterward vpon the same occasion many things more sold vnto them in England especially when Richard 1. vndertooke the voyage who passed ouer diuers Mannors to Hugh Byshop of Durham and also for his mony created him Earle of Durham This humor was kept vp and in motion aboue 200. yeares notwithstanding all the discouragements by the difficulties in passing the disasters there through contagion arysing from a disagreeing clime and the multitudes of indigent people cast oftentimes into miserable wants It consumed infinit treasure and most of the brauest men of all our West world and especially France For Germanie and Italie those who were the Popes friends and would haue gone were stayd at home by dispensation to make good his partie against the Emperour who notwithstanding still strugled with him but in the end by this meanes the Pope preuayled But these were not all the effects this voyage wrought the Christians who went out to seeke an enemy in Asia brought one thence to the danger of all Christendome the losse of the fairest part thereof For this long keeping it in a warre that had many intermissions with fits of heates and coldnesses as made by a league consisting of seuerall nations emulous and vnconcurrent in their courses taught such as were of an entire bodie their weakenesses the way to conquer them This was the great effect this voyage wrought And by this meanes king William here was now rid of an elder brother and a Competitor had the possession of Normandy during his raigne and a more absolutenesse and irregularity in England Where now in making vp this great summe to pay Robert he vsed all the extreme meanes could be deuised as he had done in all like businesses before Whereby he incurred the hatred of his people in generall and especially of the Clergie being the first king which shewed his successors an euill precedent of keeping their Liuings vacant and receiuing the profits of them himselfe as he did that of Canterbury foure yeares after the death of Lanfranc and had holden it longer but that being dangerously sicke at Glocester the sixth yeare of his raigne his Clergie in the weaknesse of his body tooke to worke vpon his minde so as he vowed vpon his recouerie to see it furnished which he did but with so great ado as shewed that hauing escaped the danger he would willingly haue deceiued the Saint And Anselme an Italian borne though bred in Normandy is in the end preferred to that Sea But what with his owne stiffenesse and the kings standing on his regalitie he neuer enioyed it quietly vnder him For betweene them two began the first cōtestation about the inuestitures of Bishops and other priuiledges of the Church which gaue much to do to many of his successors Anselme not yeelding to the Kings will forsooke the Land whereupon his Byshopricke was re-assumed and the King held in his hands at one time besides that of Canterburie the Byshopricks of Winchester Sarum and eleuen Abayes whereof he tooke all the profits He vsually sold all sprituall preferments to those would giue most and tooke fines of Priests for fornication he vexed
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
Bishop of Salisbury one of the principall men then in councell yeelded another reason for the discharge of this oath which was that seeing the late King had married his daughter out of the Realme and without the consent thereof they might lawfully refuse her And so was Stephen hauing no Title at all by meere election aduanced to the Crowne For if hee should claime any right in the Succession as being the sonne of Adela then must Theobald Earle of Blois his elder brother haue beene preferred before him and Henry Fitz Empresse if they refused the mother was neerer in bloud to the right Stem then either But they had other reasons that ruled that time Stephen was a man and of great possessions both in England and France had one brother Earle of Bloss a Prince of great estate another Bishop of Winchester the Popes Legat in England of power eminent was popular for his affability goodly personage and actiuenesse and therefore acceptable to the Nobility who at that time were altogether guided by the Clergy and they by the working of the Bishop of Winchester induced to make choyce of him hauing an opinion that by preferring one whose Title was least would make his obligation the more to them and so they might stand better secured of their liberties then vnder such a one as might presume of an hereditary succession And to be the more sure thereof before his admittance to the Crowne hee takes a priuate oath before the Bishop of Canterbury to confirme the ancient liberties of the Church and had his brother to vndertake betwixt God and him for the performance thereof But being now in possession of the kingdome and all the treasure his vnkle had in many yeares gathered which amounted to one hundred thousand pounds of exquisite siluer besides plate and iewels of inestimable value after the funerals performed at Reading hee assembles a Parliament at Oxford wherein herestored to the Clergy all their former liberties and freed the Laytie from their tributes exactions or whatsoeuer grieuances opprest them confirming the same by his Charter which faithfully to obserue hee tooke a publique oath before all the Assembly where likewise the Bishops swore fealty vnto him but with this condition so long as hee obserued the tenor of this Charter And now as one that was to make good the hold he had gotten with power his sworde prepares for all assaults which he was sute to haue come vpon him And first graunts licence to all that would to build Castles vpon their owne Landes thereby to fortifie the Realme and breake the force of any ouerrunning inuasion that should maister the feild Which in setled times might be of good effect but in a season of distraction and part-takings very dangerous And being to subsist by frendes he makes all he could creates new Lords giues to many great possessions and hauing a full purse spares for no cost to buy loue and fidelitie a purchace very vncertayne when there may be other conucyances made of more strength to carry it Two wayes he was to looke for blowes from Scotland on one side and France on the other Scotland wanted no instigators Dauid their King moued both with nature and his oath to his Neece turnes head vpon him Stephen was presently there with the shew of a strong Army and appeased him with the guift of Cumberland and his sonne Henry Prince of Scotland with the Earldome of Huntingdon the last tooke an oath of fealtie vnto him which the father refused as hauing first sworne to Maude wherein he satisfied not the King who returning from this voyage found some defection of his Nobilitie which presently put him into another action that intertayned him sometime After which he falles dangerously sicke in so much as he was noysed to be dead by which sickenesse he lost more then his health For his frendes put in danger thereby cast to seeke another partie to beare them vp it wakened Aniou and sets him on to surprize certayne peeces in Normandie to prepare for the recouerie of his wiues right and made all this kingdome wauer Thus was his first yeare spent which shewed how the rest of 18. would proue wherein we are to haue no other representations but of reuoltes beseiging of Castles surprizings recouerings loosings againe with great spoyles and destruction in briefe a most miserable face of a distracted State that can yeeld vs no other notes of instruction but such as are generall in all times of like disposition and therefore herein we may the better forbeare the rehearsall of many perticulars being all vnder one head of action and like nature The King hauing recouered would make the world know he was aliue and presently passes with forces into Normandy ouercame the Earle of Aniou in battayle after makes peace with him and vpon renouncing of the clayme of Maude couenants to giue them 5000. markes per annum he intertaynes amitie with King Louys 7. and causes his sonne Eustace to do him homage for the Duchy of Normandie wherein he was inuested besides to content his elder brother Theobald Earle of Blois he giues him a pension of 2000. markes and so returnes againe into England to a warre against Scotland which in this meane time made incursions on the kingdome where whilst he was held busie in worke Robert Earle of Glocester base sonne to Henry 1. a man of high spirit great direction and indefatigable industry an especiall actor that performed the greatest part in these times for his sister Maude had surprized the Castle of Bristow and procured confederates to make good other peeces abroade in diuers parts as William Talbot the Castle of Hereford Paynel the Castle of Ludlow Louell that of Cary Moune the Castle of Dunstor Robert de Nichol that of Warham Eustace Fitz Iohn that of Walton and William Fitz Allan the Castle of Shrewsbury Stephen leaues the prosecution of the Scottish warres to Thurstan Archbyshop of Yorke whom he made his lieutenant and furnished with many valiant leaders as Walter Earle of Albemarle William Peuerell of Nottingham Walter and Gilbert Lacies Himselfe brauely attended bendes all his power to represse the conspirators which he did in one expedition recouers all these Castles by reason of their distances not able to succour one another and draue the Earle of Glocester home to his sister into Aniou No lesse successe had his forces in the North against the Scots whom in a great battayle they discomfeited and put to flight which great fortunes meeting together in one yeare brought forth occasion of bad in that following for now presuming more of himfelfe he fell vpon those rockes that rent all his greatnesse He calles a Councell at Oxford where occasion was giuen to set him out with the Clergie that had onely put him into the State The Byshops vpon the permission of building Castles so out-went the Lords in magnificence strength and number of their erections and especially the Byshop of Salisbury that their greatnesse
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
THE FIRST PART OF THE HISTORIE Of England BY SAMVEL DANYEL LONDON Printed by Nicholas Okes dwelling neere Holborne bridge 1612. TO THE RIGHT HONOVRABLE SIR ROBERT CARR VISCOVNT ROCHEster Knight of the most Noble Order of the Garter and one of his Maiesties most Honourable Priuy Councell TO giue a reason of my worke is in my part as well as to do it And therefore my Noble Lord why I vndertooke to write this History of England I alledge that hauing spent much time of my best vnderstanding in this part of humane Learning Historie both in forraine countries where especially I tooke those notions as made most for the conduct of businesse in this kind and also at home where it hath bene in my fortune besides conference with men of good experience to haue seene many of the best discourses negotiations instructions and relations of the generall affaires of the World I resolued to make triall of my forces in the contexture of our owne Historie which for that it lay dispersed in consused peeces hath bene much desired of many And held to be some blemish to the honour of our Country to come behinde other Nations in this kind when neither in magnificence of State glory of action or abilities of nature we are any way inferior to them Nor is there any Nation whose Ancestors haue done more worthy things both at home and abroad especially for matter of war For since the Romans no one people hath fought so many battailes prosperously And therfore out of the tender remorse to see these men much defrauded of their glory so deerely bought and their affaires confusedly deliuered I was drawne though the least able for such a worke to make this aduenture which howsoeuer it proue will yet shew the willingnesse I haue to do my Countrey the best seruice I could and perhaps by my example induce others of better abilities to vndergoe the same In the meane time to draw out a small substance of so huge a masse as might haue something of the vertue of the whole could not be but an extraction worthy the paines seeing it concernes them most to know the generall affaires of England who haue least leasure to read them And the better to fit their vse I haue made choyce to deliuer onely those affaires of action that most concerne the gouernment diuiding my worke into three Sections according to the Periods of those Ages that brought forth the most remarkable Changes And euery Section into three Bookes Whereof the first briefly relates the various mutations of State plantation and supplantation of the inhabitants in the chiefest part of this Isle before the comming of the Norman The second booke containes the life and Raigne of William the first The third the succession of William the second Henry the first and Stephan And this part I haue here done The second Section begins with Henry the second the first of the royall family of Plantagenet containes the liues of foureteene Princes of that Line and takes vp 339 yeares A space of time that yeelds vs a view of a wider extent of Dominion by the accession of a third part of France to the Crowne of England more matter of action with a greater magnificence and glory of State then euer in ermixt with strange varieties and turnes of Fortune the inflammation of three ciuill warres besides popular insurrections the deposing of foure kings and fiue vsurpations which in the end so rent the State as all the glory of forraine greatnesse which that line brought expired with it selfe The third Section containes the succession of fiue Soueraigne Princes of the Line of Tewdor and the space of 129 yeares A time not of that virilitie as the former but more subtile and let out into wider notions and bolder discoueries of what lay hidden before A time wherein began a greater improuement of the Soueraigntie and more came to be effected by wit then the sword Equall and iust incounters of State and State in forces and of Prince and Prince in sufficiencie The opening of a new world which strangely altered the manner of this inhancing both the rate of all things by the induction of infinite Treasure opened a wider way to corruption whereby Princes got much without their swords Protections Confederations to counterpoyse preuent ouer-growing powers came to bee maintained with larger pensions Leidger Ambassadors first imployed abroad for intelligences Common Banks erected to returne and surnish moneys for these businesses Besides strange alterations in the State Ecclesiasticall Religion brought forth to bee an Actor in the greatest Designes of Ambition and Faction To conclude a time stored with all varietie of accidents fit for example and instructi-on This is the scope of my designe And this I addresse to you my Noble Lord not onely as a testimonie of my gratitude for the honorable regard you haue taken of mee but also in respect you being now a publick person and thereby ingaged in the State of England as well as incorporated into the Body thereof may here learne by the obseruance of affaires past for that Reason is strengthned by the successe of exāple to iudge the righter of things present And withall that herein you seeing many precedents of such as haue runne euen and direct courses like your owne howsoeuer the successe was neuer wanted glory may therby be comforted to continue this way of integrity and of being a iust seruant both to the King and the Kingdome nor can there be a better testimony to the world of your owne worth then that you love and cherish the same wheresoeuer you finde it in others And if by your hand it may come to the sight of his Royall Maiesty whose abilities of nature are such as whatsoeuer comes within his knowleldge is presently vnder the dominion of his iudgement I shall thinke it happy and though in it selfe it shall not be worthy his leasure yet will it bee much to the glory of his Reigne that in his daies there was a true History written a liberty proper onely to Common-wealths and neuer permitted to Kingdomes but vnder good Princes Vpon which liberty notwithstanding I will not vsurpe but tread as tenderly on the graues of his magnificent Progenitors as possibly I can Knowing there may in a kind be Laesa Maiestas euen against dead Princes And as in reuerence to thē I will deliuer nothing but what is fit for the world to know so through the whole worke I will make conscience that it shall know nothing but as faithfully as I can gather it Truth protesting herein to haue no other passion then the zeale thereof nor to hold any stubborna opinion but lyable to submission and better information Your Lordships to command SAMVEL DANYEL THE FIRST BOOKE of the Historie of England Containing A briefe relation of the State of this land from the first knowledge we haue thereof to the comming of William the Norman I Intend by the helpe of God and your
this Land which retained nothing of the former nor held other memory but that of the dissolution thereof where scarce a Citie Dwelling Riuer Hill or Mountayne but changed names Britayne it selfe was now no more Britayne but New Saxonie and shortly after either of the Angles the greatest people of the inuadors or of Hengist called Engist-Land or England The distance made by the rage of warre lay so wide betweene the conquering and conquered people that nothing either of lawes rites and customes came to passe ouer vnto vs from the Britaynes nor had our Ancestors any thing from them but their countrie which they first diuided into eight kingdomes all which continued to the last extermination of the Britaynes vnder Caretius their King with whome they were driuen ouer Seuerne 136. yeeres after the first entertainement of Hengist And soone after the Saxons encroching vpon each othe rs parts or States which neuer held certaine boundes and the stronger vsurping vpon their weaker neighbours reduced them to seauen kingdomes that of the Northanimbrians being made one of two and then to sixe the west Saxons taking in the kingdome of Sussex to their dominion And so it continued about 250 yeares At the first by the space of 150 yeares they were meerely gouerned by their owne lawes without mixture of any other But after Augustine the Monke sent with 40 others by Pope Gregorie had conuerted Aethelbert King of Kent and some other they all shortly after receiued the Christian faith and had their lawes and rites ordered according to Ecclesiasticall constitutions Many of their Kings when their sterne asperitie grew molified by humility of the religion beganne to raise presently so many and great monuments of their piety in all parts of the Land as if they striued who should exceed therein and had no other glorie Diuers of them renounced their temporall dignities for Spirituall solitude and became Monkes as Aetheldred and Kinred Kings of Merena-Land Offa King of the East Saxons Kadwalla and Ina Kings of the west Saxons Eadberte King of the Northumbrians c. At length the kingdomes of Merc-naland and west Sax so far ouergrew the others in power as betweene them two it lay who should haue all For Ina a martiall wise and religious Prince gouerning the west Saxons first aduaunced that kingdome to a preheminencie did much to haue subdued Mercna-land but yet Offa afterwards King thereof was in faire possibility to haue swallowed vp both the west Saxons and all the rest of the kingdomes For whilst hee liued which was in the time of Carolus Magnus with whom hee held league and amity hee was esteemed as the especiall King of the Land But the many wrongs he did and the murther committed in his house vpon Aethelbert King of the East Angles comming to him vnder publique faith and a suitor to his daughter were iustly reuenged vpon his posteritie which after him declining in the end lost all For Egbert discended from Inegild the brother of Ina attayning the kingdome of the west Saxons beganne the way to bring all the rest into subiection And being a Prince who from a priuate fortune wherin he liued below with and not aboue other men had learned sufferance and moderation and by the Estate of an exile experience grew to haue great aduantages ouer the time and others borne fortunes and rose by these meanes Ina his great vncle renouncing the world with his kingdome and dying without issue left the succession imbroiled and out of the direct royall lyne as hee found it So that those foure Kings of the west Saxons who seuerally succeeded him Ethelard Sigibert Kinulph and Britric were rather Kings by election and their owne power then by right of discent And Britric knowing the weakenesse of his title and the much promising forwardnes of Egbert with his propinquitie in bloud to the former Kings practized to haue him made away which he perceauing fled first to Offa King of Mercna-land where finding little security in regard Britric had to strength himselfe married the daughter of that king hee escaped into France and there remayned till the death of Britric and then returning obtaines the kingdome of the Westsaxons subdues Cornewall inhabited by the Britaynes and after sets vpon Bernulph newly inuested in the kingdome of Mercna-land a State by the rupture of the Royall lyne likewise growne tottering For Egferth the sonne of Offa enioyed but. 4. monethes the inheritance of his fathers immanitie whereby that kingdome discended collaterally to Kennulph who left it to Kenelme a child after murthered by his sister Quinred Ceolulph brother to Kennulph succeeding after his first yeares raigne was expeld by Bernulph and Bernulph by Egbert who made that kingdome tributarie to the west Saxons as he did after that of the South and East Saxons with the kingdome of Northumberland And by this meanes in a manner attained to a soueraignty of the whole But the Danes imbroiling his peace in the end of his raigne held him backe from enioying such a fulnesse of power as that wee may account him the absolute Monarch of the kingdome nor yet any of his successors so long as the Danes continued vnsubiected For they hauing first made irruptions into the State in the raigne of the late King Britric his predecessor euer after held a part thereof and afflicted the whole till they had attayned the absolute soueraigntie to themselues The Danes were a people of Germanie next neighbours to the Saxons and of language and manners little different possessing besides Cimbrica Chersonesus now called Denmarke all the Isles adiacent in the Baltique Sea and sometimes the kingdome of Norway A mightie rough and martiall nation strong in shipping through their exercise of piracie and numerous in people for all suppliments Who perceauing heere the happie successe and plantation of the Saxons were drawne with desire and emulation likewise to put in for a part the coaste lying open to inuasion and the many diuisions of the Land with the discord of Princes making them an easie way thereunto So that in a manner as soone as the Saxons had ended their trauailes with the Britaynes and drew to settling of a Monarchie the Danes as if ordain'd to reuenge their slaughters beganne to assault them with the like āfflictions The long the many and horrible encounters betwene this two fierce nations with the bloudshed and infinit spoiles committed in euery part of the Land are of so disorded and troublous memory that what with their asperous names together with the confusion of place times and persons intricately deliuered is yet a warre to the reader to ouer-looke them And therefore to fauour myne owne paines and his who shall get little profit thereby I passe them ouer After the death of Egbert Aethelwolph his sonne succeeded in the State with the title of King of the west Saxons only and was a Prince more addicted to deuotion then action as may be seene by his donation of the tenth part of
his kingdome with exemption of all regall seruice for the seruice of God besides an annuitie of 300 markes to be bestowed in pious vses at Rome whither he went twice in person with his yongest sonne Alfred whom he especially loued and whom Pope Leo 4 annointed a King at eleuen yeares of age as if deuining of his future fortune Vpon his last iorney and whole yeares stay at Rome Aethelbald his eldest sonne combin'd with the nobilitie of the Westsaxons to keepe him out and depriue him vtterlie of his gouernment and wrought so as notwithstanding the great loue his people bare him he was brought to yeeld vp the kingdome of the Westsaxons to Aethelbald and retaine onely the kingdome of the East Angles a State of far lesse dignitie to himselfe After which raigning but two yeares Aethelbald succeeded in the whole and with great infamy marrying his fathers widow Iudith daughter to Charles le Chauue King of Fraunce enioyed it but two yeares and a halfe when Aethelred the second sonne of Aethelulph entred to the gouernment which hee held 5 yeares in continuall conflict with the Danes After whome Alfred the mirrour of Princes made a King before he had a kingdome at 22 yeres of his age and in a yeere wherin eight seuerall battailes had beene giuen to the Danes by the Saxons begane his troublous raigne wherin he was perpetually in warre either against his enimies or cls against vices First after a great danger to lose all hee was forced to yeild vp a part of the kingdome which was that of the East Angles and Northumberland to Guthrun leader of the Danes whome vpon his baptization he made his confederate and owner of that by right which before he vsurped by violence And notwithstanding all the continuall and intricate toile he indured amidst the clattering and horror of armes he performed all noble actions of peace collecting first the lawes of his predecessors and other the Kings of the Saxons as if Offa King of Merena-land and Aethelbert the first christian english King of which by the graue aduise and consent of his States assembled hee makes choice of the fittest antiquates those of no vse and ads other according to the necessitie of the time And for that the wildenes of warre by reason of these perpetual conflicts with strangers had so let out the people of the Land to vnlawfull riots and rapine that no man could trauaile without conuoy hee ordained the diuisions of shires hundreds and tithings that euery Englishman now the generall name for all the Saxons liuing legally might be of a certaine hundred or tithing out of which hee was not to remoue without securitie and out of which if he were accused of any crime hee was likewise to produce sureties for his behauiour which if hee could not finde hee was to indure the punishment of the law If any malefactor before or after hee had put in sureties escaped all the Tithing or Hundred were fined to the King by which meanes he secured trauailers and the peace of his countrie The opinion he had of learning made him often complaine the want therof imputing it amongst his greatest infortunes to haue beene bred without it and to haue his kingdome so vtterly destitute of learned men as it was through the long continuance of this barbarous warre which made him send out for such as were any way famous for letters and hauing gotten them hee both highlie preferred them and also as they doe who know not to much themselues held them in great veneration rarenes then setting a higher price on meaner parts then after plenty did on more perfections Grimbald and Scotus hee drew out of France Asser who wrote his life out of wales others from other parts he was the first lettered Prince we had in England by whose meanes and incouragement publique schooles had here either their reuiuing or beginning Those wants of his owne made him take a greater care for the education of his sonnes with whome were bred vnder most deligent masters almost all the children of the Nobilitie within his kingdome All his owne time he could cleere from other businesse hee bestowed in studie and did himselfe and caused others to translate many things in the vulgar tongue which he laboured it seemes much to adorne and especially affected the Saxon meeters whereby to glorifie that of a King hee attained the title of Poet. The naturall daie consisting of 24 howers he cast into 3 parts whereof eight he spent in prayer studie and writing eight in the seruice of his bodie and eight in the affaires of his States Which spaces hauing then no other engine for it hee measured by a great waxe light deuided into so many parts receauing notice by the keeper thereof as the seuerall howres passed in the burning With as faire an order did he proportion his reuenues equalling his liberalities to all his other expences whereof to make the current runne more certaine hee tooke a precise notice of them and made a generall suruay of the kingdome and had all the particulers of his estate registred in a booke which hee kept in his treasurie at Winchester And within this circumference of order he held him in that irregularitie of fortune with a weake disposition of bodie and raigned 27 yeares leauing his sonne Edward a worthie succestor to mainteine the lyne of noblenes thus begun by him EDward though he were farre inferiour to him in learning went much beyond him in power for he had all the kingdome of Mercna-land in possession whereof Alfred had but the homage and some write helde soueraignitie ouer the east Angles and Northumbrians though wee finde in the ioynt lawes that hee and Guthrun made together they held the same confederation fore-concluded by Alfred Hee also subdued the Britaynes in wales fortified and furnished with garrisons diuers townes in England that lay fit to preuent the incursions of the Danes and was all his raigne of 23 yeares in continuall action and euer before hand with fortune And surely his father hee and many that succeeded during this Danicque warre though they lost their ease wonne much glory and renowne For this affliction held them so in as hauing little out-lets or leisure for ease and luxury they weare made the more pious iust and carefull in their gouernment otherwise it had beene impossible to haue held out against the Danes as they did a people of that power and vndauntable stomacke as no fortune could deterre nor make to giue ouer their holde And the imbecillitie of some vnactiue Prince at that time had beene inough to haue let them quite into the whole which may be the cause that in the succession of some of these Kings were certaine ruptures made out of course in respect of their ablenes As first after the death of this renowned King Edward Senior his sonne Athelstan of full yeares and spirit was notwithstanding the bracke in his birth preferred before his
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
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
their Lords by their obsequious seruice or agreed for by any lawfull pact they should hold by an inuiolable law during their owne liues The next great worke after the ordering his lawes was the raising and disposing of his reuenues taking a course to make and know the vtmost of his estate by a generall suruey of the kingdome whereof he had a president by the Dome booke of Winchester taken before by king Alfride But as one day informes another so these actions of profit grew more exact in their after practise and a larger Commission is graunted a choice of skilfuller men imployed to take the particulars both of his owne possessions and euery mans else in the kingdome the nature and the quality of their lands their estates and abilities besides the descriptions bounds and diuisions of Sheires and Hundreds and this was drawne into one booke and brought into his treasurie then newly called the Exchequer according to the soueraigne court of that name of Normandy before termed here the Talee and it was called the Dome booke Liber iudiciarius for all occasions concerning these particulars All the Forests and Chases of the kingdom he seized into his proper possession and exempted them from being vnder any other law then his owne pleasure to serue as Penetralia Regum the withdrawing chambers of kings to recreate them after theirserious labours in he State where none other might presume to haue to do and where all punishments and pardons of delinquents were to be disposed by himselfe absolutely and all former customes abrogated And to make his commaund the more he increased the number of them in all parts of the Land and on the South coast dispeopled the country for aboue thirty miles space making of old inhabited possessions a new Forest inflicting most seuere punishments for hunting his Deere and thereby much aduances his reuenues An act of the greatest concussion and tyranny he committed in his raigne and which purchased him much hatred And the same course held almost euery king neere the Conquest till this heauie grieuance was allayed by the Charter of Forests granted by Henry 3. Besides these he imposed no new taxations on the State and vsed those he found very moderately as Dangelt an imposition of two shillings vpon euery hide or plough-land raised first by king Ethelred to bribe the Danes after to warre vpon them he would not haue it made an Annuall payment but onely taken vpon vrgent occasion and it was seldome gathered in his time or his successors saith Geruasius yet we find in our Annals a taxe of 6. shil vpon euery hide-land leauied presently after the generall surucy of the kingdome Escuage whether it were an imposition formerly laide though now newly named I do not find was a summe of money taken of euery Knights fee In after times especially raised for the seruice of Scotland And this also saith Geruasius was seldome leauied but on great occasion for stipends and donatiues to souldiers yet was it at first a due reserued out of such lands as were giuen by the Prince for seruice of warre according to the custome of other nations As in the Romans time we find lands were giuen in reward of seruice to the men of warre for terme of their liues as they are at this day in Turkey After they became Patrimoniall hereditarie to their children Seuerus the Emperor was the first who permitted the children of men of warre to inioy their Fiefs prouided that they followed Armes Constantine to reward his principall Captaines grāted them a perpetuity in the lands assigned them The estates which were but for life were made perpetuall in France vnder the last kings of the race of Charlemaine Those Lords who had the great Fiefs of the king sub-deuided them to other persons of whom they were to haue seruice Mulctuary profits besides such as might arise by the breach of his Forest-lawes he had few or none new vnlesse that of Murther which arose vpon this occasion In the beginning of his raigne the rankor of the English towards the new-come Normans was such as finding them single in woods or remote places they secretly murthered them and the deed doers for any the seuerest courses taken could neuer be discouered whereupon it was ordained that the Hundred wherein a Norman was found slaine and the Murtherer not taken should be condemned to pay to the king some 36 pounds some 28 pounds according to the quantity of the Hundred that the punishment being generally inflicted might perticularly deterre them and hasten the discouery of the malefactor by whom so many must otherwise be interessed For his prouisionary reuenues he continued the former custome held by his predecessors which was in this manner The kings Tenants who held their lands of the Crowne paid no money at all but onely Victuals Wheate Beifes Muttons Hay Oates c. and a iust note of the quality and quantity of euery mans ratement was taken throughout all the Sheires of the kingdome and leauied euer certaine for the maintenance of the kings house Other ordinarie in-come of ready moneys was there none but what was raised by mulcts and out of Cities and Castles where Agriculture was not vsed What the Church yeelded him was by extent of a power that neuer reached so farre before and the first hand he layd vpon that side which weighed heauily was his seizing vpon the Plate Iewels and Treasure within all the Monasteries of England pretending the rebels and their assistants conueyed their riches into these religious houses as into places priuiledged and free from seizure to defraud him thereof Besides this he made all Bishoprickes and Abbeys that held Barronies before that time free from all secular seruices contributary to his warres and his other occasions And this may be the cause why they who then onely held the Pen the Scepter that rules ouer the memory of kings haue laide such an eternall imposition vpon his name of rigour oppression and euen barbarous immanity as they haue done When the nature and necessary disposition of his affaires being as he was may aduocate and in many things much excuse his courses But this name of Conquest which euer imports violence and misery is of so harsh a sound and so odious in nature as a people subdued cannot giue a Conquerour his due how euer worthy and especially to a stranger whom onely time must naturalize and incorporate by degrees into their liking and opinion And yet therein this king was greatly aduantaged by reason of his twenty yeares gouernment which had much impaired the memory of former customes in the yonger sort and well inured the elder to the present vsances and forme of State whereby the rule was made more easie to his sonnes who though they were farre inferior to him in worth were somwhat better beloued then he and the rather for that their occasions made them somewhat to vnwrest the Soueraignty from that height whereunto he had strayned it How he
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