M. (Paul) Rapin de Thoyras.

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fure appear from thefe Considerations following; namely, The Statutes or Confutations of Clarendrn, made in, or about the Eleventh Year of Henry II,
are, both lor Phrafe and Subftance, mere entirely Normannick than any Laws or Publick Acts from the Conquejl to that Time. And Thomas Beckct Arch-
bifhop of Canterbury, who was the fiift native Engljhman that had been Archbiftn p of that See, fince the Conquejl, oppofed certain Articles of thofe Confti-
tutions, as they were, in his Opinion, prejudicial or derogatory to the fuppoled Rights oftheClergv, and to the old Law and Ufages of the Englijh Nation-
The Norman Laws, and Cuftems were fettled by conftant ufe during the Reign of Hairy II. ; and at the latter end of his Reign Ranulfde Glanvil, a great Man
in the Law, and a Jufticier, drew up a Compendium of the Laws of England, fitted for publkk ufe ; which he probably did by the King's Command, that it
might ferve as a Code or Syftem for the Direction of fuch as dealt in Law -proceedings ; and this Syftem cf GlanviFs, is in effect nothing elfe but a Tranfcript
cf the Norman Law ; as will read ly appear to any Man who plcafes to compare it with the Grand Cufiumier of Normandy. In fine, this Normannick Model
of Laws continued, and was indeed firmly fettled in England during the Reigns cf Henry II, and his two Sens, Riibard and John, and of the fuccecding
King?, kiting the Alterations that were made therein, at the end of the Reign of King John, in the Reign of Henry III, and in fubftquent Ages.

( 5) Thefe feveral Courts were only the King's Court, and the Exchequer.

(6) At, and ibme time after the Conqueft, it docs net appear that there was more than one fuprcme ordinary Court of Judicature, namely, Curia Regis,
or the Kings Court, which was always at the Place of his Refidcnce- At his Court, more efpecally at fome Solemnities of the Year, the King held his
Great Councils, and trim fatted Affairs of great Importance, attended by his great Lords and Barens. There Coronations, &c. were celebrated: There was
placed the Throne, a fuvereign crdinaiy Court of Judicature, wherein Juftice was adminiftnd to the Subjects: and there the Affairs of the Royal Revenue
were managed. To the King's Court belonged the following great Officers. L The Chief Jujltcier. He was next the King in Power and Authority, and
in his Abfencc governed the Realm as Viceroy. If the King was not prefent in Perfon, in tuna Regis, he was chief Judge both in criminal and civil Cau-
fes. 11. The Conjiabk, or Ccnflabularius Regis, or Anglia?. He was a high Officer both In War and Peace. This Office was antiently Hereditary. III. The
Marcfhal. This Office was and is ftill Hereditary. As an Officer in the King*s Court he was to provide for the Security of the King's Perfon in his Pa-
lace, to dlftribute Lodgings there, to prefer ve Peace and Order in the King's Hcuihold, and affift in determining Controverfies there, &c IV. Scnefebal
or Steward. This Office was likewife Hereditary. He is called in Latin, Dapifer. V. The Chamberlain, or Camerarius Regis. It may be obferved, the
great Offices are diftinguifhed from the lubordinatc Offices of the fame Name, by the Epithet of Magiflratus, Magi jlcr turn As the Office of King's Cham-
berlain is called Magiftra Camera' ia, in like manner, Magijlra Marischalcia, Sec- VI. The Chancellor, who was ufually ftiled Cancellarius Regis, to diftin-
guifh him from the inferior Chancellors of Diocefes, &c. Little is faid of his Office. However, we find he was wont to fupervife the Charters to be fealed
by the King's Seal, and likewife to fupervife and feal the Acts and Precepts that iifued in Proceedings depending in Curia Regis. He was one of the King's
prime Councilors. VII. The Treafurer. He was for the moft part a Prelate or Ecclefiaftical Perfon. For fome time after the Conqueft, the Jufticier ufed
to do many Acts, afterwards pertaining to the Treasurer's Office. The Curia Regis, where all the Licge-men of the Kingdom repaired for Juftice, was un-
doubtedly eftabliihed in England by the Normans, there being no notice of any fuch Court in the Anglo-Saxon Times. All Pleas or Caufes then were deter-
mined below in a plain manner, in the Courts within the feveral Counties, Towns or Diftricts. And indeed at firft there were but few Caufes referved to
the King's Courts after the Conqueft, till the Norman Lords who were poflelTed of the large Seigncuries, carried it with fo high a Hand towards their Vallate
and Neighbour;, that the latter could not have Right done them in the ordinary way, and fo were conftrained to feek for Juftice in the King's Court. And
this was likewife done when Contentions arofe between the great Lords themfelves. However, few or no Caufes were brought thither without permiliion, and
the Party's making Fine to the Crown to have his Plea in Curia Regis. Thefe were fometimes called oblata, or •voluntary Fines. When the Plea: in the
King's Court became very numerous, there were certain Jujliciers appointed to go Iters through the Realm, to determine Pleas and Caufes within leveral
Counties* Thefe were veiled with great Authority. It is not known when thefe were firft inftituted: But they were new-modelled, and their new Circuits ap-

' pointed by Henry II. A Branch of the King's Court was the Exchequer. It was a fort of fubaltern Court, refembling in its Model the Curia Regis. For
in it prefided and fit the great Officers above-mentioned, and fometime the King himfelf. It was called Scaccaruim, becaufe a chequered Cloth, figured like
a Crwfs-buard, was antiently wont to be laid on the Table in the Court ; which Cuftom continues to this Day. This Court is thought to be firft inftituted
about the Time of the Ccnqueft, though it is not known for certain. The great Perfcns that aflifted at this Court were called Barents Scaccarii. To thefe
■was left the Care and Management of the Crown Revenue, £fc. The Chief Jufticier let to farm the King's Manors, held Pleas at the Exchequer, and
made due Allowances to the Accomptants- The other great Officers had likewife their part in Affairs tranfacted at the Exchequer. As to Caufes, the Exche-
quer at firft was alfo a Court having Jurifdiction in Common-Pleas. Matters remained in this Poilure till the Divifion of the Kings-Court, and Separation of
the Ccmmon-Pleat from it, of which notice (hall be taken hereafter. Madox's Hiji. of the Excheq.

(7) This is more than can be found in the ancient Hiftorians. He ordered indeed French to be taught in all Schools, as Ingulph teftifief, Jpfum Idioma
tantum abhorrehant , qutd— • ••- • pueris et'tam in Scholis principia Literarum Grammatica Gallice ac non Anglic e traderentur, p. 7 I. But this doth not prove
that he erected thofe Schools.

(8) The fingle Inftance of his Laws being in French in Ingulpb, 15 of no conliderable Force ; for the Laws of King Edward confirmed by King William,
were written in Latin, and not in French ; as were alfo the Body of Laws of this King granted by way of a Charter. The like may be faid concerning thofe
of his Succeffors ; For all our antient Laws and Statutes, from the Reign of King Henry I. to the Statute of WefminJIer 1, which was made in the Third
Year of Ea\vard 1, are drawn up in Latin, and none of them in French', as are alfo all their Charters, except fome few of the three firft Norman Kings, which
are either written in Englip Saxon alone, or in Latin with the Englijh Vcrfion under them. TyrreVi Introduction to Vol. II. p. ci.

ticular



Book VI.



I. W I L L I A M the Conqueror.



179



1080.



Rimuk Wl
the Lnglilh
Ton'Ue.



I08t.
•Ibe Kin^s
Paitialtty
for the
Normans.
Ingulph.
P . 26.



Odo afplrii
to the Fa*
fag.



1082.
Ord. Vital
Sax» Ann.
Malmftj.



77v King
feioor* him,
and conff-
cates bit
Bflatt.



ticular from a worfe Motive. They pretend his Aim was
to infnare the Englijh by caufing them to commit Offences
which were generally punifhed by Mulcts and Confifca-
tions to his ufe. But fuppofing this were not fo, as it mud
be confided it cannot be proved, his covetous Temper,
and all his other ways to heap up riches, are but too ju(t
grounds for fuch an Accufation.

To return to the Norman Language. There are thofe
who affirm, that in fpite of all his Pains the King could
not introduce it into England. On the contrary, they
maintain, the Normans by degrees learnt to fpeak Englijh,
their fmall number being carried away by the bulk of the
Nation. Others, who are of a contrary Opinion, en-
deavour to demonftrate the Norman Tongue was cftablim-
ed upon the Ruins of the Englijh. But it is difficult for
either to prove their Affertions. Thus much is certain,
the Language fpoken in England after the Conqueft,
was not exactly the fame with what was ufed in the
time of the Saxon Kings. However, the Normans can't
be faid to learn EngliJI), or the EngliJI) to admit of Nor-
man, but rather out of the two Languages was formed a
third, which was neither one nor other, but partook of
both. Neverthclefs, all publick Acts were in Norman
till Edward the Third's Time ( 1 ).

The King's Partiality to the Normans was fo great,
that he could not forbear fhowing it upon all occafions.
Ingulphus, Abbot of Croyland, gives us an Inftance which
delervcs notice. He fays, he appeared one day before
the Council, where the King was prefent, to demand
certain Lands belonging to his Monaftery (2), then in pof-
feflion of Talhoys a Norman, who had fettled there fome
Monks of his own Nation. The King, continues the
Hiftorian, examining the original Charter or Grant of the
Abby-Lands, judged at firft that the Demand was right
and juft. But Talboys alledging in his defence, that the
Monks fettled on thefe Lands were Normans, and hearty
Friends to the King, whereas thofe of Croyland were Eng-
lijh, this fingle Argument was fufficiently ft rong to induce
the King to give fentence in favour of the Normans. Here-
in, he was biafted by his natural Inclination and Intereft.
The former made him favour his own Nation, and the
latter inclined him to put it as much as poffible out of the
power of the Englijh to revolt.

What has been hitherto faid of the Oppreffions of the
EngliJI), fuffices to (how, they did not complain without
caufe. Perhaps their impatient Behaviour occafioned thefe
Oppreffions. But, be this as it will, 'tis certain they were
extremely impoverished, whilft they beheld the Normans
enriched by their Spoils. A fingle Inffance will demon-
ftrate how much they were pillaged by thofe who were
moll in favour with the King. Odo Biftiop of Bayeux, his
half-Brother, after an abode of fifteen or fixteen Years in
England, thought himfelf rich enough to purchafe the Pa-
pacy. To that end, he bought a ftately Palace at Rome,
where he defigned to refide and convey all his Treafures,
that he might be ready upon the Pope's Death to put his
Defign in execution. Mean time, as he was willing to
conceal his Intentions, he took the opportunity to begin
his Journey during the King his Brother's abfence in Nor-
mandy, and went to the Ifle of Wight, where his Ships lay
ready for him. Contrary Winds preventing him from
embarking fo foon as he expected, he was forced to remain
fome time in the Ifle. His Stay there broke all his mea-
fures. The King having intelligence of his Defign, came
over with all fpecd, and furprifed him juft as he was going
to fail. He ordered him to be feized immediately. But
finding Fear and Refpecf. hindered his Officers from doing
their Duty, he laid hands on him himfelf. In vain did the
Prelate plead the Privileges of his Order. The King told
him, he feized him not as Bifhop, but as Earl of Kent,



io8j.



1084.

./"

'■itieen,

urns.



and commanded him to Prifon, this Seizure was quick-
ly followed with a Confifcation of all his Effects to the
King's ufe, the Prelate being convicted of numberlefs Ex-
tortions and Rapines (3).

Nothing remarkable happening in the reft of this, and
the next year, I fhall proceed to the Occurrences of the
Year 1084, in which we meet with the Death of Queen ' M 'j^j_
Matilda (4), and the King's Preparations againft an lnva- H^cd.
fion he was threatned with. The Englijh who had taken inguiph.
refuge in Denmark, perfuaded King Ca ntte that their rj'nmark
Countrymen waited only for an Opportunity to throw off about n m-
the Norman Yoke. The prefent Juncture fecming very '■f'" 1 ' En B-
favourable, he formed a Project to conqier England, to s^ndm.
which he had fome Pretentions, that being fupported with Msinulx
Force, appeared very plaufible. To this end he fitted
out a Fleet (5), and levied Troops, whofe Numbers
plainly fhowed he had fome great Defign in hand. Thofe
Preparations gave King If-'illiam fome uneafmefs ; the ad-
vices from Denmark putting it out of doubt that this Ar-
mament was defigned againft him. As he durft not con-
fide in the Englijh, he brought into the Kingdom a nume-
rous Army of Foreigners (6), and laid upon his Subjects a FI - w; B-
Tax of Six Shillings upon every Hide of Land, which was h u „,j'.,j
three times as much as Dane-gelt ufed to be. Whether
Canute was diverted from his purpofe by the Preparations
in England, or by fome other unexpected Affairs (7), he
gave it over without making any Attempt. The King,
on his part, disbanded his Army (S); but the Money,
levied for their pay, was not reftored. On the contrary,
he impofed a new Tax, on account of the Order of
Knighthood, he intended to confer on Henry his youngeft
Son (9). The Norman Cuftom of making the Prince
Prefents, when he knighted any of his Sons, tended too
much to the King's Benefit for him to neglect to intro-
duce it into England, where it was never pradtifed be-
fore (10).

It was not difficult for the King to lay what Bur- Tee State cj
thens he pleafed on his Subjects, fince he was Cure to be w ! m "b'.
obeyed in whatever he enjoined. The Normans took
care not to oppofe his Will, for fear of lofing their Eftates
the fame way they acquired them, I mean, by a bare
Aft of his good Pieafure; and the EngliJI) were unable to
throw oft his oppreffive Yoke. There was fcarce a Lord of
that Nation, but what was imprifoned or banifhed. If any
ftill preferved their Liberty, they were watched fo nar-
rowiy, that the lead Oppofition, or the leaft Sufpicion
given the King, was fufficient to ruin them. Edgar
Atheling, who feemed the moft formidable, fubfifted en-
tirely upon his Penlion from the King. Befides, fince 108c.
his voluntary Submiffion to the Conqueror, he had forfeited rdgar gx>
the Hearts and Affection of the Englijh, who looked up- '.' V 4 *
on him now with the utmoft contempt. An Hifto- Malmsb.
rian even allures us, he was in fome meafure ftupid. s. Dunclm.
And for proof alledges, that for a Horfe prefented him by
the King, he remitted the Penfion given him for his Live-
lihood. The ill State of his Affairs, and perhaps the Fear
of falling a Sacrifice to the King's Sufpicions, made him
refolve to go into the Eaft and bear Arms againft the Infi-
dels (1 1). The King readily giving him Leave, he fet out
attended with two hundred Knights, who having loft their
Eftates in England, were willing to feek their fortune
elfewhere. Having fpent two Years in the Eaftern parts,
where, 'tis pretended, he fignalized himfelf by many
brave Actions, he returned to England, regardlefs of the
Eftates and Honours offered him by the Emperor of Con-
Jlantinople.

Edgars Departure freeing the King from all uneafmefs ,086.
on his account, every one imagined, that Monarch would Will am
for the future turn his thoughts to Peace, to which he ™'" "i"'"/ 1
was a Stranger almoft from his very Birth. Befides, he MiJinsb.



(I) Till the Thirty third of that King. As for Pleadings in French, they were in ufe only in the King's own Court (now called the King's-Bench) or
elfe in the Exchequer j but in interior Courts in the County, where far the greater part of the Law-Bufinefs of the Kingdom was dilpatched, it was other-
wife. The antienteft Law-Books we hate, viz. Glani-il, Bratlon, and Fleta, are in Latin; the firft we can find in Fr:neh being Breton, and Hem's

Mirrcr of Jujlius, bi.th whiih were written in the time of Edieardl, when it became very much the Falhion to write, not enly our Laws in French, but
our very Parliament-Rolls of Edivard III, and great part of Ricbardlld's Reign in that Language. The Reafon of which Mr. Tyrrel gees en to alTign. p. ci.
Introduction. (2) The Cell of Spalding. Ingulpb, p. 71, 86.

{3) Odo had engaged Hugh Earl of Cbejler, with a great many Knights and other Perfons of Quality, to attend him in his Journey to Rcme. Ord. Vital,
He was lent Prifoner to Normandy, and being fet at Liberty after the Death of bVitliam I. went along with Duke Robert to Jerusalem, where he dxd at l!*c
Siege of Antiecb. S. Dutielm. p. 212. Malmsb. p. 112.

(4.) She died on the firft of November, after a lingering Illnefs ; and was buried in the Nunnery of the Holy Trinity near Caen, which fhe had founded.
Ord. Vital. Brompt. p. 077. Mahnsb. p. III. See her Epitaph in Sandford, p. 3, 4. out of Ordsric. Vital, p. 647.

(5) Confifting of abi.ve fixteen hundred Ships. Malmsb. p. 107.

(6) Of French and Normant, which he quartered all about England; and ordered the Biftiops, Abbots, Earls, Barcns, Vifcounts, 6?r. to find them in
Provifiens. He ordered at the fame the maritime Places to be laid warte, that the Enemy, at their futt landing, might find no Suftenancc. o\ Dknc.'ns.
p. 213. Malmsb. p. 107. Brompt. p. 978. Ingulpb. p. 79, CSV.

(7) He was detained by contrary Winds for near two years together. Malmsb. p. 107.

(8) He fent back part of the Army, and kept the reft w'ith him all the Winter. S. Dunclm. p. 213.

(9) He was knighted in Whitjun Week, at JVefiminjler, where the King held his Court. Soon after King William ordered the Airhbiftcps, Bilhops,
Abbots, Earls, Barons, Vifcounts, cum fuis militibus, to attend him at Salisbury, on the firft of Augufl, where he made them all lwear Fealty to him.
And fron; thence went to the Ifle of Wight, in order to pafs into Normandy j and whilft he lay there, he extorted a great Sum of Money trom his Sub-
jects, not minding w'hether he did it right or wrong J and fo he went into Normandy. Sax. Ann. 5. Dunclm. p. 213. Brompt. p. 979, 980. M.
Paris, &c.

(10) Among the antient Aids pnyable to the King from the immediate Tenants of the Crown (and likewife to inferior Lords from their immediate Te-
nants,) were thefe three, namely, To make his eldeft Son a Knight, to marry his cldeft Daughter, and to ranfom his Perfon w hen taken in War. It doc?
not appear what Author Rapin follows in faying this Aid was levied by the Conqueror, to make his youngeft Son a Knight, which was never praftifed. Nei-
ther is it mentioned in Madox, or other authentick Authors. See Madox, Ch. xv. Hifl. of the Exch.

(II) Along with Robert Earl Goodwin's Son. Malmsb, p. 103. His Sifter Cbrijlina was, before, this, veiled a Nun in th.sj Monaftery of Runjej in
Hampjhirt. i'jx. Ann, S, Dunclm, Brompt, tec,

vras



i8o



The HI SrO RY of ENGLAND.



Vol. r.



1 086.



A Truce.



Malmll).
M. Paris.



Broken by a

7s*



1087.

William
burns
Mantel.
Sax. An.
S. Dunelm.



Falls ill.
Hurts bimjilj

.: .':'■:: his

Oid. Vital.



Civet Alms.
Sets lit Pei

ft "IS J I

Liberty.
Malniib.



Old. Vita!.



Old. Vital.



Own h:s

pi) tbt
Crvma of
England.



Pi I. Virg.
Alalmlb."



Orel. Vital,
Brompt.



was grown fo corpulent and unwieldy, that a quiet Life
feemed abfolutely neceflary for him. But he was far from
any fuch thought. All on a fudden he is Ceen to make
extraordinary Preparations, which plainly fhewed he was
meditating ibme great Undertaking. Philip, King of
France, eafily guelled this Armament was defigned againft
him. And indeed, quickly after, King IVilliam fets out
for Normandy, in order to make fierce War with
trance (1). But Philip prevented the impending Storm,
by offering Propofals, which were followed by a Truce.
The King, whole Corpulency was extremely troublefome
to him, taking this opportunity to go through a Courfe
of Phyfick, a Jeit of King Philip occafioned the breaking
of the Truce. This Piince asking one that was come
from Roan, JFhether the King of England was delivered
yet of his great Belly ? King William, being informed of
it, fent him word (2), as Coon as he was up again, he
would come and offer in the Church of Notre-Dame at
Paris, ten thoufand Lances by way of Wax-lights (3).
His Words were foon followed by Deeds ; for marching
in the very hotteft time of the Summer (4), he ravaged
le Vexin in a terrible manner, and then laid Siege to
Mantes. He was fo provoked, that after taking the City,
he reduced it to afhes, without fparing the very Churches,
in one of which two Hermits were burnt (5). The
warmth of the Seafon, and the great Fite, which he flood
very near to fee his Orders executed, threw him into a
Fever, which interrupted his Progrefs. This was attend-
ed with another accident, no lels fatal to him. Whilft
he was on the road in his return to Roan, leaping a Ditch
on Horfe-back, he fo bruifed the Rim of his Belly againft
the Pummel of the Saddle, that the Violence of the Blow
very much increafed his Fever. After this Accident, not
being able to mount his Horfe, he was carried in a Litter
to Roan, where he grew worfe and worfe. As foon as he
found he was near his End, he began ferioufly to reflect on
all the paft Actions of his Life, and view them in a diffe-
rent Light from what he had hitherto done. He ordered
large Sums to be given to the Poor and the Churches, par-
ticularly for rebuilding thofe he had burnt at A/antes. He
fet at Liberty all the Prifoners, among whom were Morear
and Ulnoth(6). This laft, Brother to King Harold, had
been detained in Prifon in Normandy from his Childhood
when he was given in Holtage by Earl Goodwin to Ed-
ivard the Confeffor. It was much more difficult to obtain
the like Favour of the King for the Biftiop of Bayeux his
Brother, becaufe he had fworn never to releale him.
However, he was prevailed upon by the Importunities of
the Bifhop's Friends (7). His Diftemper, which daily in-
creafed, leaving him no hopes of Recovery, he ordered
his principal Officers to ftand round his Bed, and not-
withstanding his Weaknefs, made them a long Difcourfe,
wherein he greatly extolled the Reputation he had gained
by his warlike Actions. Neverthelefs, he could not for-
bear owning, he had unjuftly ufurped the Crown of Eng-
land, and was guilty of all the Blood fpilt upon that oc-
cafion. Adding, as he would not prelume to bequeath a
Crown, which of Right did not belong to him, he left
it to God's difpofal : but if he might have his Wifh,
Jrilliam, his fecond Son, fhould wear it after him. In
his Will, which he made juft before he died (8), he left
Normandy to his eldeft Son Robert, not fo much out of
Affection (9), as becaufe he forefaw great Obftacles in the
execution of his Will, fhould he have ordered it other-
wife. Henry his third Son, had for his fhare an Annuity
of five thoufand Marks(io), with all his Mother's Ef-
fects ( 1 1 ) ; this was all his Portion. It is faid, the young
Prince complaining that he was fo ill provided for,
the King told him, by a prophetick Spirit, he fhould
one day be King of England, and excell his Bro-
thers in Glory and Riches. But one can hardly believe,
God fo intimately revealed himfelf to fuch a Prince as
this (12).



Though the dying King left his Crown to God's 1087.'
difpofal, he did all that lay in his power to procure it
for his fecond Son. He wrote upon that fubjeit to Lan- Oid. Vital.
franc a very prefling Letter (1 3), which he ordered his Son
William, even before his Death, to carry himfelf. No
doubt, he thought that Prince would meet with too ftrong
an Oppofition in England, in cafe neceffary Meafures were
not taken before-hand, to gain the Confent of the Nor-
mans and Englijh. Having thus fettled his Temporal
Affairs, he caufed himfelf to be removed to Hermentrudc, Eidmsr.
a Village near Roan, that he might be more at Liberty
to think of his Spiritual Concerns. Here this Prince end- He diet.
ed his Days on the ninth of September, in the Sixty fourth Ord. Vital.
Year of his Age, after a Reign of Fifty two Years in
Normandy, and Twenty one in England { 14). If fome of
his Hiftorians are to be credited, he expreffed 011 his
Death-bed a hearty Sorrow for all the Injuries he had
done the Englifh. His Body was removed to Caen with-
out any Ceremony, and depofited in the Abbey-Church,
built by himfelf, where he had chofen to lie. Robert, his m. P a \...
eldeft Son, being then in Germany, and William in Eng- BrnmotwC



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