The Lives of the III. Normans, Kings of England: William the First, William the Second, Henrie the First

by Sir John Hayward

In all those lands which hee gaue to any man, he reserued Dominion in chiefe to himselfe: for acknowledgement whereof a yeerely rent was payd vnto him, and likewise a fine whensoeuer the Tenant did alien or die. These were bound as Clients vnto him by oath of fidelitie and homage; And if any died his heire being in minoritie, the King receiued the profits of the land, and had the custodie and disposing of the heires body, vntill his age of one and twentie yeeres.

It is reported of Caligula,[23] that when he entended to make aduantage of his penal Edicts, he caused them to be written in so small letters, and the tables of them to be fastened so high, that it was almost impossible for any man to read them. So the King caused part of those Lawes that he established, to be written in the Norman language, which was a barbarous and broken French, not well vnderstood of the naturall French, and not at all of the vulgar English. The residue were not written at all, but left almost arbitrarie, to be determined by reason and discretion at large. Hereupon it followed, partly through ignorance of the people, and partly through the malice of some officers of Iustice, who many times are instruments of secret and particular ends; that many were extreamely intangled, many endangered, many rather made away, then iustly executed.

But here it may be questioned, seeing these Lawes were layed vpon the English, as fetters about their feet, as a ponderous yoke vpon their necke, to depresse and deteine them in sure subiection; how it falleth, that afterward they became not onely tolerable, but acceptable and well esteemed.

Assuredly, these lawes were exceeding harsh and heauy to the English at the first: And therefore K. William Rufus, and Henry the first, at such time as Robert their eldest brother came in armes against them to challenge the crowne, being desirous to winne the fauour of the people, did fill them with faire promises, to abrogate the lawes of K. William their father, and to restore to them the Lawes of K. Edward. The like was done by K. Stephen, and by K. Henry the second; whilest both contending to draw the State to himselfe, they did most grieuously teare it in pieces. The like by others of the first Kings of the Norman race, whensoeuer they were willing to giue contentment to the people: who desired no other reward for all their aduentures and labours, for al their blood spent in the seruice of their Kings, but to haue the Lawes of K. Edward restored. At the last the Nobilitie of the Realme, with great dispence both of their estates and blood, purchased a Charter of libertie, First from K. Iohn, which was soone reuoked, as violently enforced from him: afterwards from King Henry the third, which remained in force. And hereby the sharpe seuerity of these lawes was much abated.

In that afterwards they became, not onely tolerable, but easie and sweete, and happily not fit to bee changed, it is by force of long grounded custome, whereby those vsages which our ancestors haue obserued for many ages, do neuer seeme either grieuous or odious to bee endured. So Nicetas writing of certaine Christians, who by long conuersing with the Turkes, had defiled themselues with Turkish fashions, Custome[24] (saith he) winneth such strength by time, that it is more firme then either Nature or Religion. Hereupon Dio. Chrysostome compareth Customes to a King,[25] and Edicts to a Tyrant; because we are subiect voluntarily to the one, but by constraint and vpon necessitie to the other. It is manifest (saith Agathias) that vnder whatsoeuer law a people hath liued, they doe esteeme the same most excellent and diuine.[26] Herodotus reporteth, that Darius the sonne of Hysdaspis, hauing vnder his Dominion certaine Grecians of Asia, who accustomed to burne their dead parents and friends, and certaine nations of India, who vsed to eate them; called the Grecians before him: and told them that it was his pleasure, that they should conforme themselues to the custome of the Indians, in eating their deceased friends. But they applied all meanes of intreatie and perswasion, that they might not be inforced, to such a barbarous, or rather brutish obseruation. Then hee sent for the Indians, and mooued them to conformitie with the Grecians; but found that they did farre more abhorre to burne their dead, then the Grecians did to eate them.

Now these seuerities of the King were much aggrauated by the English, and esteemed not farre short of cruelties. Notwithstanding hee tempered it with many admirable actions both of iustice and of clemencie and mercie: for which hee is much extolled by the Normane[27] writers. Hee gaue great priuiledges to many places; & the better to giue the people contentment, and to hold them quiet, he often times renued the oath which first he tooke at his Coronation: namely, to defend the holy Church of God, the pastors thereof, and the people subiect to him iustly to gouerne, to ordaine good lawes, and obserue true iustice, and to the vttermost of his power to withstand all rapines and false Iudgements. Such of the nobilitie as had been taken in rebellion, were onely committed to prison; from which they were released in time: such as yeelded and submitted themselues, were freely pardoned, and often times receiued to fauour, trust, and imployment.

Edric, the first that rebelled after hee was King, he held neere and assured vnto him. Gospatric who had been a stirrer of great commotions, he made Earle of Glocester, and employed him against Malcolme King of Scots. Eustace Earle of Bologne, who vpon occasion of the Kings first absence in Normandie attempted to surprize the Castle of Douer, he imbraced afterward with great shew of loue and respect. Waltheof sonne to Earle Siward, who in defending the Citie of Yorke against him, had slaine many Normans, as they assayed to enter a breach, hee ioyned in marriage to his Neece Iudeth. Edgar who was the ground and hope of all conspiracies, who after his first submission to the King, fled into Scotland, and maintained open hostilitie against him, who pretended title to the Crowne as next heire to the Saxon Kings, he not onely receiued to fauour, but honoured with faire enterteinments. Hee furnished him to the warre of Palestine, where he atteined an honourable estimation with the Emperours of Almaine and of Greece. After his returne he was allowed 20. shillings a day by way of pension, and large liuings in the Countrey, where he mellowed to old age in pleasure and vacancie of affaires; preferring safe subiection, before ambitious rule accompanied both with danger and disquiet.

Thus was no man more milde to a relenting and vanquished enemie; as farre from crueltie, as he was from cowardice, the height of his spirit, ouerlooking all casuall, all doubtfull and vncertaine dangers. Other great offenders he punished commonly by exile or imprisonment, seldome by death. Onely among the English Nobilitie Earle Waltheof was put to death, for that after twice breaking allegiance, he conspired the third time with diuers both English and Normans to receiue the Danes into England, whilest the King was absent in Normandie. And for the same conspiracie Ralph Fitz-aubert a Norman was also executed; who had furnished 40. ships for the King in his voiage for England: for which and for his other seruices in that warre, he was afterward created Earle of Hereford. But present iniuries doe alwayes ouerballance benefits that are past.

He much delighted in hunting and in feasting. For the first he enclosed many forrests and parks, and filled them with Deere; which he so deerely loued, that he ordained great penalties for such as should kill those or any other beasts of game. For the second hee made many sumptuous feasts, especially vpon the high Festiuall dayes in the yeere. His Christmasse hee often kept at Glocester, his Easter at Winchester, his Whitsontide at Westminster; and was crowned once in the yeere at one of these places, so long as he continued in England. To these feasts he inuited all his Nobilitie, and did then principally compose himselfe to courtesie, as well in familiar conuersation, as in facilitie to grant suits, and to giue pardon to such as had offended. At other times he was more Maiesticall and seuere; and imployed himselfe both to much exercise and great moderation in diet; whereby he preserued his body in good state, both of health and strength, and was easily able to endure trauaile, hunger, heat, cold, and all other hardnesse both of labour and of want.