Anno Reg. 4.
1070. 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. He tooke from the Priuileges and fréedoms revoked. 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. Among other things, he ordeined that in time of warre Matth. Paris. 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.
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 The institution of the foure Termes. tenants. 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. Furthermore, he instituted the court of the The Excheker. Excheker, and the officers belonging to the same, as the barons, the clearks, and such other, and also the high court The Chancerie. 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 New lawes. and quietnes of the people, 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. ¶ 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 The lawes were written in the Norman toong. 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.
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. 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 Matth. Paris. Matth. West.
Wil. Mal. Wil. Thorne.
Abbeis searched. 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.
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, wherin Agelmarus bishop of Thetford was one that was deposed.
Simon Dun. Matt. Paris. 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.