Chapter 3

[Sidenote: 1068.] [Sidenote: _Matth. West._] This yeare, on Whitsunday, Maud the wife of king William was crowned Queene by Aeldred archbishop of Yorke. The same yeare also was Henrie his sonn borne here in England: for his other two sonns, Robert and William, were borne in Normandie before he had conquered this land. [Sidenote: Edmond the Great.] About the same time alsoe Goodwine and Edmund surnamed the great, the sonns of K. Harold, came from Ireland and landing in Somersetshire, fought with Adnothus that had beene maister of their fathers horsses whom they slue with a great number of others, and soe haueing got this victorie, returned into Ireland, from whence they came with a great bootie which they tooke in their returne out of Cornewall, Deuonshire, and other places thereabouts. [Sidenote: _Wil. Malm._ _Simon Dunelm._] In like manner, Excester did as then rebell, and likewise the countrie of Northumberland, wherevpon the king appointed one of his capteines named Robert Cumin, a right noble personage (but more valiant than circumspect) to go against the northerne people with a part of his armie, whilest he himselfe and the other part went to subdue them of Excester: where, at his comming before the citie, the citizens prepared themselues to defend their gates and wals: but after he began to make his approch to assaile them, part of the citizens repenting their foolish attempts, opened the gates, and suffered him to enter. Thus having subdued them of Excester, he greeuouslie punished the chéefe offendors. But the countesse Gita, the sister of Sweine K. of Denmarke, and sometime wife to earle Goodwine, and mother to the last K. Harold, with diuers other that were got into that citie, found meanes to flie, and so escaped ouer into Flanders. King William hauing passed his businesse in such wise in Deuonshire, hasted backe towards Yorke, being aduertised in the waie, that the Northumbers hauing knowledge by their spials, that Robert generall of the Normans being come to Durham, did not so diligentlie cause watch and ward to be kept about the towne in the night season as was requisite, [Sidenote: This chaunced the 28. of Januarie on a Wednesday. _Polydor._] did set vpon him about midnight, & slue the same Robert with all his companie, so that of seauen hundred which he brought with him, there was but one that escaped to bring tidings to the king their souereigne.

He heard also, how Edgar Etheling at the same time, being in the countrie, riding abroad with a troope of horsemen, and hearing of the discomfiture of those Normans, pursued them egerlie, [Sidenote: _Polydor._] and slue great numbers of them, as they were about to saue themselues by flight, with which newes being in no small furie, he made speed forward, and comming at the last into Northumberland, he easilie vanquished the foresaid rebels, and putting the cheefe authors of this mutinie to death, he reserued some of the rest as captiues, and of other some he caused the hands to be chopped off in token of their inconstancie and rebellious dealing. After this he came to Yorke, and there in like sort punished those that had aided Edgar, which doone, he returned to London.

[Sidenote: 1069.] [Sidenote: Sweine and Osborne hath. _Matth. Paris._] In the meane time, those Englishmen that were fled (as you haue heard) into Denmarke, by continuall sute made to Sueine then king of that realme, to procure him to make a iournie into England for recouerie of the right descended to him from his ancestors, at length obteined their purpose, in so much that king Sueine sent his sonnes Harold and Canutus toward England, [Sidenote: Thrée hundred sailes saith _M. W._ but _Sim. Dun._ hath 240.] who with a nauie of two hundred saile, in the companie of Osborne their vncle, arriued in the mouth of Humber betwéene the two later ladie daies, and there landing their people with the English outlawes, whom they had brought with them, they straightwaies marched towards Yorke, wasting and spoiling the countrie with great crueltie as they passed. Soone after also came Edgar, and such other English exiles as had before fled into Scotland, and ioined their forces with them. When the newes of these things were brought to Yorke, the people there were striken with a maruellous feare, insomuch that Aeldred the archbishop (through verie greefe and anguish of mind) departed this life. The Normans also which laie there in garrison, after they vnderstood by their spies that the enimies were come within two daies iournie of them, began not a little to mistrust the faith of the citizens, and bicause the suburbes should not be any aid vnto them, they set fire on the same, which by the hugenesse of the wind that suddenlie arose, the flame became so big, and mounted such a height, [Sidenote: Yorke burnt.] that it caught the citie also, and consumed a great part therof to ashes, togither with the minster of S. Peter, and a famous librarie belonging to the same. Herevpon the Normans and citizens in like maner were constreined to issue foorth at the same time, and being vpon the enimies before they had any knowledge of their approch, were forced to trie the matter by disordered battell: whose number though it was far inferiour vnto theirs, yet they valiantlie defended themselues for a time, till being oppressed with multitudes, they were ouercome and slaine, [Sidenote: Normans slaine.] so that there perished in this conflict, to the number of three thousand of them. Manie of the Englishmen also that came with them to the field, were saued by the enimies, to the end they might gaine somewhat by their ransomes, [Sidenote: _Simon Dun._] as William Mallet shirife of the shire, with his wife, and two of their children, Gilbert de Gaunt, and diuers other. This slaughter chanced on a saturdaie, being the nineteenth day of September; a dismall daie to the Normans.

The two brethren hauing thus obteined this victorie, went on further into the countrie of Northumberland, and brought the same wholie to their subiection, insomuch that all the north parts were at their cōmandement. Upon this they meant to haue gone towards London with the like attempt in the south parts, [Sidenote: A sharpe winter, an enimie to warlike enterprises.] if the extreame and hard winter which chanced that yeare, had not staied their enterprise, as it did king William from assailing them; who hearing of all their dooings in the north countrie, would else full gladlie haue set vpon them. [Sidenote: The Danes where they wintered. _Hen. Hunt._ _Polydor._] In the meane time, the Danes wintered in Yorkeshire, betwixt the two riuers Ouse and Trent; but so soone as the snow began to melt, and the yce to thaw and waste away, king William sped him with great hast toward his enimies into Yorkeshire, and comming to the riuer of Trent, where it falleth into Humber, he pitched his tents there, to refresh his people, for his enimies were at hand. The daie following he brought his armie into the field to fight with the Danish princes, who likewise in battell araie met them. Then began a right sore and terrible battell, continuing a long space in equall balance, till at length in one of the Danish wings the Norman horsemen had put their enimies to flight. Which when the residue of the Danes perceiued, and therewith put in a sudden feare, they likewise fled. Harold and Canutus with a band of hardie souldiers that tarried about them, retired backe (though with much a doo and great danger) vnto their ships. Edgar also, by helpe of good horses, escaped into Scotland with a few in his companie. [Sidenote: _Matth. Paris._] Earle Walteof, who had fought most manfullie in that battell, [Sidenote: _Hen. Hunt._ _Wil. Malm._] & slaine manie Normans with his owne hands, was reconciled into the kings fauour: but the residue were for the most part taken prisoners, and killed. William of Malmesburie writeth, that king William comming at that time into the north parts, besieged the citie of Yorke, and putting to flight a great armie of his enimies that came to the succour of them within, not without great losse of his owne souldiers, at length the citie was deliuered into his hands; the citizens and other that kept it, as Scots, Danes, and Englishmen, being constreined thereto through lacke of vittels. [Sidenote: _Sim. Dunel._] Other write, how the Danes, being loden with riches and spoiles gotten in the countrie, departed to their ships before the comming of king William. Here is not to be forgotten, that (as Iohn Leland hath noted) whilest the Conquerour held siege before Yorke, at the earnest request of his wife Quéene Maud, he aduanced his nephew Alane earle of Britaine, with the gift of all those lands that sometime belonged vnto earle Edwine, the tenor of which gift insueth:

[Sidenote: Earle Edwines lands giuen vnto Alane earle of Britaine.] "Ego Gulihelmus cognomine Bastardus, do & concedo tibi nepoti meo Alano Britanniæ comiti, & hæredibus tuis in perpetuum, omnes illas villas & terras, quæ nuper fuerunt comitis Eadwini in Eborashira, cum feodis militum & alijs libertatibus & consuetudinibus, ita liberè & honorificè sicut idem Eadwinus ea tenuit. Dat. in obsidione coram ciuitate Eboraci:" that is, "I William surnamed Bastard, doo giue and grant to thee my nephue Alane earle of Britaine, and to thine heires for euer, all those townes and lands that latelie were earle Eadwines in Yorkeshire, with the knights fees and other liberties and customes, so freelie and honourablie as the said Eadwine held the same. Giuen in our seege before the citie of Yorke."

The earle of Britaine, being a man of a stout stomach, and meaning to defend that which was thus giuen to him, [Sidenote: Castell of Richmont.] built a strong castell neere to his manor of Gillingham, and named it Richmont. The first originall line of the earles of Richmont [2]that bare their title of honor of this castell and towne of Richmont (as Leland hath set downe the same) is this: Eudo earle of Britaine, the sonne of Geffrey, begat three sonnes, Alane le Rous, otherwise Fregaunte, Alane the blacke, and Stephan. [Sidenote: Earle of Britaine.] These three brethren after their fathers decease, succéeded one another in the earledome of Britaine; the two elder, Alane the red and Alane the blacke died without issue. Stephan begat a sonne named Alane, who left a sonne, which was his heire named Conan, which Conan married Margaret the daughter of William king of Scotland, who bare him a daughter named Constantia, which Constantia was coupled in marriage with Geffrey sonne to king Henrie the second, who had by hir Arthur, whom his vncle King John, for fear to be depriued by him of the crowne, caused to be made awaie; as some have written. But now to returne where we left touching the Danes. [Sidenote: _Simon Dun._] Simon Dunel. affirmeth, that Harold and Canute or Cnute the sonnes of Sweine king of Denmarke, [Sidenote: _Matth. Paris_ maketh mention but of Sweine and Osborne whom he calleth brethren.] with their vncle earle Osborne, and one Christianus a bishop of the Danes, and earle Turketillus were guiders of this Danish armie, & that afterwards, when king William came into Northumberland, he sent vnto earle Osborne, promising him that he would permit him to take vp vittels for his armie about the sea coastes; and further, to giue him a portion of monie, so that he should depart and returne home as soone as the winter was passed. But howsoeuer the matter went with the Danes, certain it is by the whole consent of writers, that king William hauing thus subdued his enimies in the north, he tooke so great displeasure with the inhabitants of the countrie of Yorkeshire and Northumberland, that he wasted all the land betwixt Yorke and Durham, [Sidenote: _Wil. Malms._] so that for the space of threescore miles, there was left in maner no habitation for the people, by reason whereof it laie wast and desert for the space of nine or ten yeares. ¶ The goodlie cities with their towers and steeples set vp on a statelie height, and reaching as it were into the aire: the beautifull fields and pastures, watered with the course of sweet and pleasant riuers, if a stranger should then haue beheld, and also knowne before they were thus defaced, he would surely haue lamented: or if any old inhabitant had béene long absent, & newly returned thither, had séene this pitifull face of the countrie, he would not haue knowne it, such destruction was made through out all those quarters, whereof Yorke it selfe felt not the smallest portion. [Sidenote: _Simon Dun._] The bishop of Durham Egelwinus with his cleargie fled into holy Iland with S. Cuthberts bodie, and other iewels of the church of Durham, where they tarried three moneths and od daies, before they returned to Durham againe. The kings armie comming into the countrie that lieth betwixt the riuers Theise and Tine, found nothing but void feelds and bare walles; the people with their goods and cattell being fled and withdrawne into the woods and mountaines, if any thing were forgotten behind, these new gests were diligent inough to find it out.

[Sidenote: _Anno Reg._ 4. 1070.] [Sidenote: _Polydor._] In the beginning of the spring, king William returned to London, and now after all these troubles, began to conceiue greater hatred against the Englishmen than euer before; so as doubting that hee should neuer by gentlenesse win their good willes, he now determined by a harder measure to meete with them; insomuch that he banished a great number, other some also (not a few) he spoiled of their goods, those especiallie of whom he was in hope to gaine any great portion of substance.

Thus were the Englishmen generallie in danger to lose life, lands and goods, without knowledge, or orderlie proceeding in iudgement, so that no greater miserie in the earth could be imagined, than that whereinto our nation was now fallen. [Sidenote: Priuileges and fréedoms revoked.] He tooke from the townes and cities, from the bishops sées and abbeies all their ancient priuileges and freedoms, to the end they should not onely be cut short and made weaker, but also that they (for the obteinment of their quietnesse) might redeeme the same of him for such summes of monie as pleased him to exact. [Sidenote: _Matth. Paris._] Among other things, he ordeined that in time of warre they should aide him with armor, horsse and monie, according to that order which he should then prescribe: all which he caused to be registred, inrolled, and laid vp in his treasurie. But diuerse of the spirituall persons would not obey this ordinance, whom he banished without remorse.

[Sidenote: Stigand. Alexander bishop of Lincolne. _Polydor._ The hard deling of K. William against the Englishmen.] About this time the archbishop Stigand, and Alexander bishop of Lincolne fled to Scotland, where they kept themselues close for a season. But the king still continued in his hard procéeding against the Englishmen, insomuch that now protesting how he came to the gouernance of the realme only by plaine conquest, he seized into his hands most part of euery mans possessions, causing them to redeeme the same at his hands againe, and yet reteined a propertie in the most part of them; so that those that should afterwards enioy them, should acknowledge themselues to hold them of him, in yéelding a yéerlie rent to him and his successors for euer, with certeine other prouisions, whereby in cases of forfeiture the same lands should returne to him, and his said successors againe. The like order he appointed to be vsed by other possessors of lands, in letting them forth to their tenants. [Sidenote: The institution of the foure Termes.] He ordeined also, that the Termes should be kept foure times in the yéere, in such places as he should nominate, and that the iudges shuld sit in their seuerall places to iudge and decide causes and matters in controuersie betwixt partie and partie, in manner as is vsed vnto this day. He decréed moreouer, that there should be shiriffes in euerie shire, and iustices of the peace to keepe the countries in quiet, and to sée offendors punished. [Sidenote: The Excheker.] Furthermore, he instituted the court of the Excheker, and the officers belonging to the same, as the barons, the clearks, and such other, [Sidenote: The Chancerie.] and also the high court of Chancerie.

After he had in this sort ordeined his magistrates and ministers of the lawes, he lastlie tooke order what ordinances he would haue obserued: wherevpon abrogating in maner all the ancient lawes vsed in times past, and instituted by the former kings for the good order and quietnes of the people, [Sidenote: New lawes.] he made new, nothing so equall or easie to be kept; which neuerthelesse those that came after (not without their great harme) were constreined to obserue: as though it had beene an high offense against GOD to abolish those euill lawes, which king William (a prince nothing friendly to the English nation) had first ordeined, and to bring in other more easie and tollerable. [Sidenote: The lawes were written in the Norman toong.] ¶ Here by the waie I giue you to note a great absurditie; namelie, that those lawes which touched all, and ought to be knowne of all, were notwithstanding written in the Norman toong, which the Englishmen vnderstood not; so that euen at the beginning you should haue great numbers, partlie by the iniquitie of the lawes, and partlie by ignorance in misconstruing the same, to be wrongfullie condemned: some to death, and some in the forfeitures of their goods; others were so intangled in sutes and causes, that by no means they knew how to get out, but continuallie were tossed from post to piller; in such wise that in their minds they curssed the time that euer these vnequall lawes were made.

[Sidenote: Matters to be tried by a Iurie of 12. men.] The maner for the triall of causes in controuersie, was deuised in such sort as is yet vsed. Twelue ancient men (but most commonlie vnlearned in the lawes) being of the same countie where the sute laie, were appointed by the iudges to go togither into some close chamber, where they should be shut vp, till vpon diligent examination of the matter they should agrée vpon the condemnation or acquiting of the prisoner, if it were in criminall causes; or vpon deciding in whom the right remained, if it were vpon triall of things in controuersie. Now when they were all agréed, they came in before the iudges, declaring to what agréement they were growne: which doone, the iudges opened it to the offendors or sutors, and withall gaue sentence as the qualitie of the case did inforce and require. There may happilie be (as Polydor Virgil saith) that will mainteine this maner of procéeding in the administration of iustice by the voices of a iurie, to haue béene in vse before the conquerors daies, but they are not able to prooue it by any ancient records of writers, as he thinketh: albeit by some of our histories they should séeme to be first ordeined by Ethelred or Egelred. Howbeit this is most true, that the Norman kings themselues would confesse, that the lawes deuised and made by the Conqueror were not verie equall; insomuch that William Rufus and Henrie the sonnes of the Conqueror would at all times, when they sought to purchase the peoples fauor, promise to abolish the lawes ordeined by their father, establish other more equall, and restore those which were vsed in S. Edwards daies. The like kind of purchasing fauour was vsed by king Stéephen, and other kings that followed him. [Sidenote: _Matth. Paris._ _Matth. West._ _Wil. Mal._ _Wil. Thorne._ Abbeis searched.] But now to the matter, king William hauing made these ordinances to keepe the people in order, set his mind to inrich his cofers, and therevpon caused first a tribvte to be leuied of the commons; then the abbeies to be searched, and all such monie as any of the Englishmen had laid vp in the same, to be kept. Besides all this, he seized into his hands their charters of priuileges made to them by the Saxon kings of the land, and spared not so much as the iewels and plate dedicated to sacred vses. All this did he (as some write) by the counsell of the earle of Hertford.

[Sidenote: _Polydor._ _Simon Dun._ _Wil. Thorne._ _Polydor._ _Sim. Dunel._ Stigand archbishop of Canturburie depriued.] Shortlie after betwixt Easter and Whitsuntide, a great synod was holden at Winchester by the bishops and cleargie, where Ermenfred the bishop of Sion or Sitten, with two cardinals Iohn and Peter sent thither from pope Alexander the second, did sit as chéefe commissioners. In this synod was Stigand the archbishop of Canturburie depriued of his bishoprike, for three speciall causes.

1 First, for that he had wrongfullie holden that bishoprike, whilest the archbishop Robert was liuing.

2 Secondlie, for that he kept the see of Winchester in his hands, after his inuestiture vnto Canturburie, which he ought not to haue doone.

3 Thirdlie, for that he had receiued the pall at the hands of pope Benedict the tenth, whom the cardinals, as one not lawfullie elected, had deposed.

Howbeit, manie writers burthen king William (who was present at this synod) for the procuring of Stigand his depriuation, to the end he might place a stranger in his roome. For as he had rooted out the English Nobilitie, and giuen awaie their land and liuings to his Normans; so meant he to turne out the English cleargie from bearing any office of honor within the realme, which meaning of his did well appeare at his councell, [Sidenote: Agelmarus bishop of Thetford was one that was deposed. _Simon Dun._ _Matt. Paris._] wherin diuers bishops, abbats, and priors were deposed, and Normans preferred to their places. Stigand after his depriuation was kept in perpetuall prison at Winchester, till he died, and yet (as some write) the same Stigand was an helper vnder hand for king William to atteine the crowne.