For it can't be imagined, but that the Conqueror was assisted with a great Company of Foreigners, some that he favour'd, some that had highly deserved for their Valour, some that were necessitous Soldiers of Fortune, and others that were either ambitious or covetous: All whose Desires, Deserts, or Expectations, the Conqueror had no other Means to satisfy, but by the Estates of such as had appeared open Enemies to him; and doubtless, many innocent Persons suffered in this Kind, under false Suggestions and Accusations, which occasioned great Exclamations by the Writers of those Times against the Violences and Oppressions which were used after this Victory. And, Thirdly, Such as stood Neuters, and meddled not on either Side during the Controversy: And doubtless, for some Time after this great Change, many of those suffered very much, and were hardly used in their Estates, especially such as were of the more eminent Sort.
Gervasius Tilburiensis, who wrote in the Time of Hen. 2.
Libro I. Cap. Quid Murdrum & quare sic dictum, gives us a large Account of what he had traditionally learned touching this Matter, to this Effect, viz. "Post Regni Conquisitionem &Perduellium Subjectionem, &c. Nomine autem Successionis a temporibus subactae Gentis nihil sibi Vendicarent," &c. i. e.
After the Conquest of the Kingdom, and Subjection of the Rebels, when the King himself and his great Men had surveyed their new Acquisitions; and strict Inquiry was made, who there were that, fighting against the King, had saved themselves by Flight; From these, and the Heirs of such as were slain in Battle, fighting against him, all Hopes of Succession, or of possessing their Estates, were lost; for the People being subdued, they held their Lives as a Favour, &c.
But Gervase, as he speaks so liberally in Relation to the Conquest, and the Subacta Gens, as he terms us; so it should seem, he was in great Measure mistaken in this Relation: For it is most plain, That those that were not engaged visibly in the Assistance of Harold, were not, according to the Rules of those Times, disabled to enjoy their Possessions, or make Title of Succession to their Ancestors, or transmit to their Posterity as formerly, tho' possibly some Oppressions might be used to particular Persons here and there to the contrary. And this appears by that excellent Monument of Antiquity, set down in Sir H. Spelman's Glossary, in the Title of Drenches or Drenges, which I shall here transcribe, viz.
Edwinus de Sharborne, Et quidam alii qui ejecti fuerunt &Terris suis abierunt ad conquestorem & dixerunt ei, quod nunquam ante conquestum, nec in conquestum, nec post, fuerunt contra Regem ipsum in Concilio, aut in auxilio sed tenuerunt se in pace, Et hoc parati sunt probare qualiter Rex vellet Ordinare, Per quod idem Rex facit Inquiri per totam Angliam si ita fuit, quod quidem probatum fuit, propter quod idem Rex praecepit ut omnes illi qui sic tenuerunt se in pace in forma praedicta quod ipsi rehaberent omnes Terras & Dominationes suas adeo integre & in pace ut unquam habuerent vel tenuerunt ante conquestum suum, Et quod ipsi in posterum vocarentur Drenges.
But it seems the Possessions of the Church were not under this Discrimination, for they being held not in Right of the Person, but of the Church, were not subject to any Confiscation by the Adherence of the Possessor to Harold the Usurper: And therefore, tho' it seems Stigand Archbishop of Canterbury, at the coming in of William I had been in some Opposition against him, which probably might be the true Cause why he perform'd not the Office of his Coronation, which of Right belonged to him, tho' some other Impediments were pretended, Vide Eadmerus in initio Libri, and might also possibly be the Reason why a considerable Part of his Possessions were granted to Odo Bishop of Bayonne, but were afterwards recovered by Lanfrank, his Successor, at Pinendon, in pleno Comitatu, ubi Rex praecepit totum Comitatum absque mora considere, & homines Comitatus omnes Francigenos &praecipue Anglos in antiquis Legibus & Consuetudinibus peritos, in unum convenire.
To this may be added those several Grants and Charters made by King William I mentioned in the History of Ely, and in Eadmerus, for restoring to Bishopricks and Abbies such Lands, or Goods, as had been taken away from them, viz.
Willielmus Dei gratia Rex Anglorum, Lanfranco Archiepiscopo Cantuar' & Galfrido Episcopo Constantiarum & Roberto Comiti de ou & Richardo filio Comitis Gilberti & Hugoni de Monteforti, suisque aliis proceribus Regni Angliae salutem. Summonete Vicecomites meos ex meo praecepto, & ex parte mea eis dicite ut reddant Episcopatibus meis & Abbatiis totum Dominium omnesque Dominicas terras quas de Domino Episcopatuum meorum, & Abbatiarum, Episcopi mei & Abbates eis vel lenitate timore vel cupiditate dederunt vel habere consenserunt vel ipsi violentia sua inde abstraxerunt, &quod hacteuus injuste possiderunt de Dominio Ecclesiarum mearum.
Et nisi reddiderint sicut eos ex parte mea summonebitis, vos ipsos velint nolint, constringite reddere; Et quod si quilibet alius vel aliquis vestrum quibus hanc Justitiam imposui ejusdem querelae fuerit reddat similiter quod de Domino Episcopatuum vel Abbatiarum mearum habuit ne propter illud quod inde aliquis vestrum habebit, minus exerceat super meos Vicecomites vel alios, quicunque teneant Dominium Ecclesiarum mearum, quod Praecipio, &c.
