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A56172 Historiarchos, or, The exact recorder being the most faithfull remembrancer of the most remarkable transactions of estate and of all the English lawes ... : as most elabourately they are collected ... out of the antiquities of the Saxon and Danish kings, unto the coronation of William the Conqueror, and continued unto the present government of Richard, now Lord Protector / by William Prynne, Esquire ...; Seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all English freemen. Part 3 Prynne, William, 1600-1669.; Prynne, William, 1600-1669. Seasonable, legal, and historical vindication. 1659 (1659) Wing P3974; ESTC R14832 281,609 400

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Ethelred son of Mollo substituted King in his place Whereupon Osred gathering forces together to expel Ethelred which had expulsed him out of his Realm was in his march into it again taken prisoner and slain by this Usurper at Tymmouth Upon occasion of which Insurrections and Wars I conceive this Council was most probably summoned Soon after this usurping Regicide Ethelred was slain himself even by those seditious Subjects who expelled and slew Osred to advance him to the Throne The common fate of bloody Usurpers especially in this kingdom of Northumberland as our Historians observe King Offa in the year 793. called a Provincial Parliamentary Council where Archbishop Humbert and his Suffragans with all the Primates and Nobles were present wherein he treated with them about founding the Monastery of St. Albane the first Martyr in the place where his Corps was found endowing it with lands and Privileges Placuit omnibus Regis propositum Whereupon they concluded the King should go to Rome in person and procure from the Pope the Canonization of St. Albane and a Confirmation of Privileges to the Abbey he intended to build He repairing to Rome accordingly the Pope commending his Devotion gave him his full a●●ent both to found a Monastery and endow it with all such Privileges as he desired enjoyning him that returning to his Country ex Consilio Episcoporum Optimatum suorum by advice of his Bi●hops and 〈…〉 to the Monastery of St. Albane what Possessions or Privileges he would which he 〈◊〉 grant or confirm to it by his special Charter first and afterwards he would confirm his original with his Privilege and Bull. The king hereupon receiving the Popes Benediction returned home and held two great Councils for the setliug of the Lands Privileges and Liberties of St. Albanes The one at Cel●yth where were present 9 Kings 15 Bishops and 20 Dukes as Iohn Stow relates in his Chronicle who all subscribed and ratified his Charter of Lands and Privileges granted to St. Albane The other Council was held at Verolam which Matthew Westminster thus expresseth Congregato apud Verolamium Episcoporum Optimatum Concilio unanimi omnium consensu voluntate beato Albano Amplas contulit terras possessiones innumeras Quas multiplici Libertatum privilegio insignivit Monachorum vero conventum ex Domibus bene Religiosis ad Tumbam Martyris congregavit Abbatem eis Nomine Willegodum praefecit cui cum ipso Monasterio Iura R●galia concessit This king then reigning over 20 Shires at the same time by the unanimous assent of the Bishops and Nobles gave out of all those Counties to the English School at Rome Peter-Pence in English called Romescot Yet he privileged the Church of St. Albane with so great Liberty that this Church alone should be quit of the Apostolical Custom and Tribute called Romescot when as neither the King nor Archbishop nor any Bishop Abbot or Prior or any other in the Realm was exempted frow this payment And likewise granted that the Church of St. Albane should faithfully collect the said Romescot from all the County of Her●ford wherein the said Church is situated and receive the money collected to that Churches own use And that the Abbot thereof or a Monk constituted his Archdeacon under him should exercise Episcopal Authority over all the Priests Laymen within the possessions belonging to the Abbey and that he should make subjection to no Archbishop Bishop or Legate but only to the Pope himself So as that Church hath omnia jura Regalia and the Abbot thereof for the time being Pontificalia ornamenta And that by the great Charter of this king then made with the unanimous consent of all his Bishops and Nobles in this great Council What Lands he gave to the Monastery of St. Augustines and Christ-church in Canterbury and the Archbishops there you may read at large in the Chronicles of William Thorne col 1775. and Evidentiae Ecclesiae Christi Cantuariensis col 2203 2219. King Offa deceasing An. 797. his Son Egfrid so soon as he was settled in his Fathers kingdom imitating the pious footsteps of his Father devoutly conferred many Lands and possessions on the Church of St. Albanes and confirmed them by his Charter an● Privilege with all those other Lands Privileges and Royal Liberties which his Father had conferred on the said Church to enjoy them in the freest manner Of ejus Donatio ut perpetuae firmitatis Robur obtineret juxta morem Romanae Ecclesiae omnium Episcoporum Comitum et Baronum totius imperii sui assembled in a general Council of ●he Realm Subscriptionem signum crucis apposuit Causing all his B●shops Earls and Barons of his whole Realm to subscribe and ratifie his Charter and Donation with the sign of the Cross after the manner of the Roman Church That it might be of perpetual force and validity Moreover declining his Fathers covetousness in all things whatever he for the exaltation of his Kingdom had diminished out of the possessions of divers Monasteries he out of a pious devotion restored and confirmed with his Privilege or Charter to all who desired it This pious King Egfrid as our Historians observe and let others note it who gain their Kingdoms Powers Possessions by Bloodshed and Treason was taken away by sudden death on the 141 day after his Fathers decease which gave great cause of grief to all the people of his Realm not for his own sins which is not to be supposed but because his Father pro Regni sui confirma●ione sanguine● 〈◊〉 effudit for the confirmation of his Ringdom shed much blood For he came to the Cro●n by the sla●ghter of King Bernred forementioned deposed and slain by him for his usurpation Tyranny and Mis-government then he invaded and slew with his own hand Alrick King of Kent routed his forces and reduced that kingdom under his own After this marching from South to North even beyond Humber he made Havock of all that stood in his way Whence returning in Triumph he set upon the West-Saxons and vanquished them forced their king Kenwolf to fly into Wales to the Britons for aid then en●red into Wales routed their King Marmodius for breaking his Truce made a great slaughter of the Britons after ten years prosperous wars to conquer others returned victoriously into his own territories After his return thither to compleat his bloody Tragedies Ethelbert King of East-Angles coming upon solemn invitation to his Court in great state to marry his Daughter was there treacherously murdered by his Wife Quendreda's solicitation and practice with his privity and consent who caused a deep pit to be digged in his Bed-chamber under his Chair of State or Bed into which he falling was there treacherously murdered and his head ●ut off by Gaymbertus who presented it all bloody to King Offa who to colour the business seeming to be sorrowfull ●or this murder shut himself up in his Chamber
where both the Archbishops Brithwald and Wilfrid with the rest of the Bishops Nobles and these two Kings were present wherein Donationes omnes confirmatae sunt all these their Donations and Charters were confirmed and likewise in another Synod at London An. 712. A most pr●gnant e●idence that these kings Charters and Donations though ratified by the Pope himself were not valid nor obligatory to their successors or people without their common consent to and confirmation of them in a general Parliamentary Council of the Prelates Nobles Clergy and Laity even by the Popes and these kings own confessions and practice in that age In the year of our Lord 716. Ethelbald king of M●rcians by his Charter gave to God the blessed Virgin Saint Bartholomew Kenulphus the whole Isle of Croyland to build a Monastery and confirmed it to them for ever free from all Rent and secular services inde Char●am suam in praesen●ia Episcoporum Procerumque Regni sui securam statuit all his Bishops and Nobles of his Realm assenting to and ratifying this Charter of his both with the subscriptions of their nam●s a●d sign of the Cross as well as the King that so it might be firm and irrevocable being his demes●e Lands which Charter is at large recorded in the History of Ingulphus About the year of Christ 720. some fabulously write that king Ina took Guala daughter of Cadwallade● last king of the Britons to wife with whom he received Wales and Cornwal and the blessed Crown of Britain Whereupon all the English that then were took them wives of the Britons race and all the Britons took them wives of the illustrious blood of the English and Saxons which was done Per commune Concilium et assensum omnium Episcoporum ac Principuru● Procerum Comit●m et omnium Sapientum Seniorum et populorum totius Regni a●●emb●ed ●o●●●her in a General Parliamentary Council Et per praeceptum Regis Inae whereby they became one Nation and People Af●er which they all called that the Realm of England which before was called the Realm of Britain and they all ever after stood together united in one for common profit of the Crown of the Realm and with a unanimous consent most fiercely fought against the Danes and Norwegians and waged most cruel wars with them for the preservation of their Country Lands and Liberties An. 705. King Ina by his Royal Charter granted and confirmed many Lands to the Abbey of Glastonbury endowing that Abbey and the Lands thereto belonging with many large and great Privileges exempting them from all Episc●pal Iurisdiction and from all regal exactions and services which are accustomed to be excepted and reserved to wit from Expedition and building and repairing of Castles or Bridges from which they should inviolably remain free and exempted and from all the promulgations and per●urbations of Arch-Bishops and Bishops which privileges were formerly granted and confirmed by the ancient Charters of his Predecessors Kenewalcus Kentwin Ceadwalla and Baldred This Charter of his was made and ratified by the consent and subscription not only of king Ina himself but also of Queen Edel●ur●● ● king Baldr●d Adelard the Queens B●o●her● consentientibus etiam omnibus Britanni●● Regibus Archiepiscopis Episcopis Ducibus atque Abbatibus all the Kings Archbisho●s Bishops Dukes and Abbots of Britain consenting likewise thereunto ● many of which subscribed their names unto it being assembled in a Parliamentary Council for that end King Ina In the year 727. travelling to Rome built th●re a school for the English to be in●tructed in the faith gran●ing towards the maintenance of the English Schol●rs there a penny out of every house within h●s Realm called Romescot or Peterpence to be paid towards it every year All which Things and Tax That they might continue firm for perpetui●y Statutum e●t genera●●●ecre●o c. were confirmed by a general decree of a Parliamentary Council of ●is Realm then held for that purpose of which before more largely In the year of our Lord 742. There was a Great Parliamentary Council held at Clovesho or Clyffe where Ethelbald King of Mercia sate President with Cuthbert Archbishop of Canterbury the rest of the Bishops sitting together with them diligently examined things necessary concerning Religion and studiously searched out of the an●ient Creeds and institutions of the holy Fathers how things were ordered according to the rule of equity in the begin●ing of the Churches birth in England whiles they were inquiring after these things and the antient privileges of the Church at last there came to their hands the Liberty and Privileges which King Withred had gra●ted to the Churches in Kent which being read before all by King Ethelbalds command they were all very well pleased therewith and said unanimously That there could not be found any so noble and so prudent a Decree as this formerly made touching Ecclesiastical Discipline and therefore Hoc ab omnibus firmari sanxerunt decreed that it should be confirmed by them all Whereupon King Ethelbald for the salvation of his soul and stability of his kingdom confirmed and subscribed with his own munificent hand That the Liberty Honour Authority and security of Christs Church in all things should be denied by no person but that it should be free from all secular services with all the lands pertaining thereunto except Expedition and building of Bridge and Castle And like as the said King Withred himself ordained those privileges should be observed by him and his so he and this Council commanded they shall continue irrefragably and immutably in all things And if any of our Successors Kings Bishops or Princes shall attempt to infringe this wholsom Decree let him render an account to Almighty God in that terrible day But if any Earl Priests Clerk Deacon or Monk shall resist this Decree let him be deprived of his degree and sequestred from the participation of the body blood of the Lord and alienated from the kingdom of God unless he shall amend with due satisfaction what he hath unjustly done through the evil of Pride Anno 747. There was another Parliamentary Council held at Clovesho or Cly●fe under king Ethelbald where the king himself with Cuthbe●t Archbishop of Canterbury eleven other Bishops cum Principibus et Ducibus with the Princes and Dukes were present In this Council were some Ecclesiastical Laws and Canons made the last whereof was for Prayers to be publikely made for Kings and Princes incessantly that the People might live a Godly and peaceable life under their pious protection In this Council king Ethelbald renewed and enlarged his former Grant of Privileges to the Churches recited at large in the Marginal Authors the sum whereof is this Plerumque contingere solet pro incertâ futurotum temporum vicissitudine ut ea quae prius multorum fidelium personarum testimonio consilioque roborata fuissent ut fraudulenter
name of God That no Kings nor Bishops nor Princes neque ullius Tyrannicae potestatis Homines should diminish the honour of the Metropolitical See or presume to divide it in any particle whatsoever under pain of an Anathema Maranatha which Decree the Archbishop with 12 other Bishops subscribed and ratified with the sign of the Cross as they formerly did in the Council of Bechanceld An. 798. And in this Council divers controversies concerning the Lands Limits and Iurisdictions of other Bishops Bishopricks were likewise decided and setled as you may therein read at large Eadburga Daughter to King Offa married Brithrie King of the West-Saxons proud of her parentage and ma●ch she grew so ambitious ●●sole●t and Tyrannical that she becam● od●ous not only to all the Prelates Nobles and Courtiers but to the people l●kewise For being incited with malice and tyranny she usually accused and execrated to the King all the Nobles of the Realm Ordinaries Bishops and Religious persons and so overcame him by her flatteries that those whom she began to accuse aut vit● aut Regno privaret she would either deprive of Life or banish them the Realm and if she ●ould not obtain this from the King against them she accustomed to destroy them priv●ly wit● poison At last An. 802. She preparing poi●on to destroy a rich and noble Favourite of the Kings whom he extraordinarily lov'd so as she could not banish or destroy him by her false accusatio●s the King casually drinking of ●he Poison contrary to her intention as well as his Favourite they were both therewith suddenly poisoned and d●stroyed Wherewith this wicked woman being tetrified sled with all her invaluable Treasures b●yond the Seas to Charles the Great who for her Lasciviousness in making choice of his Son for her Husband before himself though much inamoured with her transcendent beauty thrust her into a Monastery where soon after she abusing her body by uncleaness in lying with a lewd man was expelled thence forced to beg her bread and ended her days in extreme misery A just judgement of God both upon a Tyrannical Queen and unrighteous King seduced to banish and condemn his Nobles and Subjects unjustly by her solicitations For this her most hainous crime the West-Saxons ordained a Law to the Grand prejudice o● all thei● succeeding Queens That none of them should have ei●●●r Title Majesty or place of Royalty or Queen No● 〈◊〉 West-Saxones Reginam vel juxta Regem 〈◊〉 ●●ginae appellatione insigniri patiuntur 〈…〉 Eadburg●e quae virum s●um Brithicum v●neno perdidit juxta Regem ●edens omnes Regni Nobiles accusare solebat quos accusare non po●uit potu eos venenifero necare consue●it Itaque pro Reginae maleficio omnes conjuraverunt quod nunquam se regnare permitterent qui in praedictis culpabilis inveniretur as William o● Malm●sbury Asserius Menevensis Matthew Westminster Florentius Wigorniensis and others out of them rel●te There was a Parliamentary Synod or Council held at Celiohi●h in the year 816. at which not only Wulfred Archbishop of Canterbury with all his Suffragan Bishops but likewise Kenulf king of Mercians with his Princes Dukes and Nobles and sundry Abbots Pri●sts Deacons and other sacred Orders were present wherein they enacted 11 Constitutions the 6th whereof was this in substance That the Iudgements and Decrees of Bishops made in Synods should not be infringed but remain firm and irrefragable being ratified with the sign of the holy Cross by the Kings and Nobles Subscriptions unless perchance the King or Princes deemed the subscriptions of their Antecessors of no force and feared not to re●●rm or cease from this error which shall rest and bring a Curse on them and their heirs The 7th That no Bishops Abbots or Abbesses shall alienate or part with the Lands writings and evidences of their Churches and Monasteries w●i●h they are intrusted to keep nisi rationabilis causa poposcit adjuvari contra invasionem famis Depraedationem Exercitus ad Libertatem obtinendam which causes they reputed reasonable In ●he year of our Lord 822. there was a Parliamentary Council assembled at Clovesho wherein Beornulph King of Mercians sate President at which Wu●fred Archbishop of Canterbury with the rest of the Bishops Abbots omniumque dignitatum Optimatibus Ecclesiasticarum scilicet saecularium personarum were present debating things both coneerning the benefit and regulation of the Church and defence and safety of the Realm the proper subjects of our present English Parliaments a● these words import Utilitatem necessitatem Ecclesiarum Monasterialisque vitae Regulam et observantiam stabilitatem quoque Regni pertractante● In this Parliamentary Council the Proceedings in 3 precedent Councils touching the Complain●s of the Archbishops of Canterbury of the Injuries done unto them in taking away the Lands of the Church by their Kings and Officers with the proceedings thereupon are at large recited which I shall here transcribe because generally unknown to most and best di●covering the proceedings of our antient Parliamentary Councils in Cases of this nature of any Council I have met with in that Age and those which next proceeded or succeeded it All the said persons in the said Council sitting down quietly together it was inquired by them quomodo quis cum Iustitia sit tractatus seu quis injustè sit spoliatus In what manner any one had been handled with justice or if any one had been unjustly spoiled Whereupon amids other things there acted and spoken it was shewed That Archbishop Wulfred by the mis-information and enmity and violence and avarice of king Kenulph had suffered many injuries and was most unjustly deprived of his just dominations as well by those things which were done unto him amongst us here in England as by those things which were brought against him to the See Apo●tolick by the procurement of the foresaid King Kenulph by which accusations and discords not only the fore-named Archbishop but also the whole English Nation for almost six years space was deprived of its primordial authority and of the Ministry of sacred Baptism Above all these things the said king Kenulph at a certain time with his Council coming to the City of London appointed a day with great indignation wherein the Archbishop should come unto him whither when he came the King commanded ●hat relinquishing all his goods h● should speedily depart out of England without hopes of returning any more neither by the command of our Lord the Pope neither by the i●treaties of the Emperour nor of any other person unless he would consent to his will in demising to him a farm of 300 Hides of Land called Leogene●ham and moreover would give to the said King one hundred and ●we●ty pounds in money This reconciliation the said Wul●red refusing long contradicted and when the ●ri●nds of the man of God and Nobles of the King who loved him very much perceived the rapacity and
violence of the King they importuned the Archbishop that he would consent to the Kings will upon this condition that the King should relinquish the difference which he had raised between the Pope and Archbishop by his Messengers and should restore to the said Father all the power and dignity which belonged to the said Primates See according to the authority which his Predecessors most amply enjoyed in former time But if the King could not do this that he should then restore the mony and Land which he exacted of the Archbishop to him again Upon this condition therefore the said reverend Father gave his assent But nothing of the aforesaid condition was performed For three whole years after the said agreement he remained deprived of the power which his predecessors and himself had before that difference over Suthmenstre as well in pasture mony vestments as obedience which belonged to the Metrapolitical See But after the death of King Kenulf when Beornulf reigned the said Archbishop Wulfred invited Abbess Kenedrytha Heir and Daughter of King Kenulf to the foresaid Council whither ●hen she came the Archbishop complained in the audience of all the Council of the injuries and troubles offered and done to him and to Christs Church by her Father and required reparation from her if it were Iust Then all the Council found it to be Iustice et hoc unanimi consen●u Decrevi● and Decreed it by a unanimous consent That all those things which ●er Father had tak●n away from the Archbishop she ought justly to restore unto him and to give him so much ●g●in for reparation And moreover should restore all the use or profit the foresaid Father had lost in so long a space which she humbly promised to do It seemed good therefore to king Beornulf with his Wisemen for friendship sake most diligently to make a reconciliation and amends for the said Lands between the heirs of King Kenulf and the Archbishop and beca●se this pleased the king and he humbly intreated it out of Love and Friendship to the King the Archbishop con●ented thereto ●or ●he heirs of the said king Kenulf often desired to have the said Father to be their Patron and intercessor And they intreated him with humble devotion that for a full reconciliation he would receive in four places one hundred Hides of Land to wit Herges and Herfording Land Wamdeloa and Gedding Then the Archbishop for the love of God and the amiable friendship of Beornulf consenred to this accord upon this condition that the foresaid Abbess should deliver to the said Archbishop the foresaid Lands of one hundred Hides with the Books which the English call Land●o● and with the same liberty which he had before for a perpetual inheri●nace Whereupon king Beornulf with the testimony of the whole Council proclaimed it to be altogether free But this Agreement was not all this time ratified because after these things the promise remained unfulfilled for 12 Moneths for three Hides or tenements of the foresaid Lands were detained and the Books of 47 tenements to wit the Book of Bockland the Book of Wambelea and also the Book of Herfocding land But in the year following she the said Ahbess desired a Conference with the foresaid Archbishop who at that time was in the Country of the Wicii at a place called Ostaveshlen where he held a Council where when she had found the man of God she confessed her folly in delaying her former agreement upon which the Archbishop with great sweetness shewed that he was altogether free from the foresaid agreement and that of her part there were many things wanting which she ought to have restored but she being brought before the Council● greatly blushing humbly promised that she would restore all those things that were wanting and with a willing mind restored to the Archbishop the Books of certain Lands which before she had not promised with the Lands adjudged to him as Sir Henry Spelmans Margent supplies the defect in the same Council She likewise added thereto a farm of 4 tenements in Hevgam for his favour likewise She gave to the Archbishop 30 Hide land or tenements in Cumbe with a Book of the said Lands that a firm and stable friendship and accord might remain between all the heirs of King Kenulf and the Archbishop To all which things the Archbishop gave his consent upon this Condition that the names of the afore said Lands should be rased quite out of the Ancient Privileges which belong to Wincelcumbe lest in after times some controversie should be raised De hoc quod Synodall authoritate decretum est et signo crucis firmatum concerning this which was ended by authority of the Council and confirmed with the sign of the C●oss By this and the precedent Councils of Clovesho it is apdarent first That the Injustice Rapine and oppression of our Saxon Kings themselves was then examined and redressed in and by our Parliamentary Councils 2ly That Tittles to Lands Jurisdictions Privileges unjustly taken from the Church and other men by our kings or other great persons and complaints touching the same were usually heard determined and redressed in the great Parliamentary Councils of that Age upon complaints made thereof and that to and before the whole Council not to any private Committees not then in use 3ly That restitution reparations and damages in such Cases were usually awarded in such Parliamentary Councils not only against the Kings Parties that did the wrong but likewise against their heirs as here against Abbess Cenedritha Daugher and heir to king Kenulph After the decease of her father the Tort Feasor 4ly That the same cause and complaint was revived continued ended in succeeding that rested undecided and unrecompensed in former Councils 5ly That Agreements Exchanges and Judgements given upon Complaints in Parliamentary Councils were conclusive and final to the Parties and their Heirs 6ly That Injuries done by the power of our Kings or great Men in one Parliamentary Council as in dividing the Archbishoprick of Canterbury c. were examined redressed by another subsequent Council 7ly That Parliamentary Councils in that Age were very frequently held at least once or twice a year if not interrupted by wars and that usually at Clovesho according to the Decree of the Council of Heartford under Archbishop Theodor That the Bishops once a year should assemble together in a Council at Clovesho as Gervasius Doroberniensis records there being 4 Councils there and elsewhere held in King Beornulfs 4 years reign I find another Council held at Clovesho in the year 824 the 3. of the Calends of November under Beornulf King of Mercians and Wulfred Archbishop of Canterbury where this King which all his Bishops and Abbots and all the Princes Nobles and many most wise men were assembled together Amongst other businesses debated therein there was a sute between Heabere Bishop of Worcester and the Nuns of Berclea concerning the inheritance of Aethelfrick Son of Aethelmund