be committed to Christian Burial The King consenting to their Request acquainted the Pope therewith who granted him Christian Burial though unworthy Hereupon the Nobles adjudged all his Lands and Possessions great and small to the King who by their consent granted and confirmed them all to the Abby of Malmesbury by his Charter wherin he recites Sciant Sapientes regionis Nostrae non has praefatas terras me injustè Rapuisse Rapinamque Deo Dedicasse sed sic eas accepi Quemadmodum judicaverunt omnes Optimates Regni Anglorum Insuper et Apostolicus Papa Romanae Ecclesiae Johannes After which reciting the Treachery perjury and death of Elfred with his Condescention to his Nobles and friends request aforesaid he concludes thus Et sic Adjudicata est mihi tota possessio ejus in magnis et modicis Sed et haec Apicibus praenotamus literarum ne quamdin Christianitas regnat aboleatur unde mihi praefata possessio quam Deo et Sancto Petro dedi donatur nec Justius novi quam Deo et sancto Petro hanc possessionem dare qâ—i aemulum meum in conspecta omnium cadere fecerunt et mihi prosperitatem Regni largiti sunt To which Malmesbury subjoyns In his Verbis Regis sapientiam et piotatem ejus in Dei rebus suspicere par est Sapientiam eo quod animadverterat juvenis presertim non esse Dei Gratiosum de Rapinâ Holocaustum Pietatem eo quod Munus ultione divinâ collatum Deo potissimum non ingratus rependeret From whence I shall only observe that Elfrid being a Peer of the Realm dying perjured as asoresaid was adjudged to forfeir all his Lands for Treason after his death only by his Peers in a Parliamentary Council and that if the king had seized on them without their judgement it had been an unjust Rapine by his own Confession but being legally confiscaâ—ed to him by their Judgement it was no Rapine but Justice for him to seize and Piety to dispose of them at his pleasure to this Church What Churches and Monasteries he built and repaired throughout the Realm What Lands he restored to St. Augustines Church at Canterbury on the day of his Coronation by the Assent of his Bishops and Nobles though long detained from it and how he gave the Lands of Folcastan in Kent eâ—cheated by the Danes destruction of the Nunnery there to Christ-church in Canterbury you may read in the Marginal Authors William of Malmesbury informs us that Baldwin Earl of Flanders sent Embasâ—adour by Hugh King of France to King Ethelstan to demand his Sister for his Wife brought over with him divers rich presents and Reliques Amongst others the Sword of Constantine the Great the Lance of Charls the Great and one of the 4 Nails that pierced our Saviours body set in plates of Gold A piece of our Saviours Cross inclosed in a Christal Case c. all which he presented to the King and Lady cum in Conventu Procerum apud Abindonium proci postulata exhibuisset Which intimates that this King consulted with an assembly of his Nobles about his Sisters Marriage to the King of France as a mater of Parliamentary consideration Ingulphus Hist p. 876 877 878. records that Turketulus was his Chancellor and chief Counsellour who affected not Honors and Riches refused many Bishopricks offered him by the King Tanquam tendiculas Satanae ad animas everâ—endas and would never accept of any Bishishoprick all his life being Content only with his own Lands and Wages That all his Decrees were so just and legal that they remained irrevocable when once made That he was a great Souldier and fought most valiantly against the Danes and often gloried and said He was most happy in this that he had never murdered nor maimed any one Cum â—ugâ—… pro patria maximè contra Paganos licite quisque possit He esteeming the slaughter of such â—agan Enemies in defence ef his Country lawfull and no murther nor maim King Aeckelstan deceasing without iâ—ue his Brother Edmund succeeded him An. 940. who upon the false suggestions of some of his Souldiers and Courtiers dedeprived Dunstan whom he had made his Chancellour and one of his privy Conâ—cil yea ranked amongst the Royal Palaâ—ines and Princes of his Realm of all his dignities and Offices The very next day after being like to break his Neck as he rod a hunting over a sâ—eep Rock had not his horse miraculously stopped at the Rocks brink in his full carier he immediatly sent for Dunstan and to repair the injury done him rod presently to Glastonbury and made him Abbot thereof Presently after Anlaffe King of Norwey whom Aethelstan had driven out of the Kingdom of Northumberland came with a great Navy and Army to York being called in by the perfidious and rebellious Northumberlanders who instantly revolted to him and elected him for their King Whereupon he marching Southward with a puissant Army purposing to subjugate the Realm of England to himself King Edmund gathering his forces together encountred him and after a bloody battel fought a whole day between them at Leicester with great loss on both sides Odo Archbishop of Canterbury and Welstan Archbishop of York perceiving the danger on both parts and the Destruction of the Realm made this Agreement between them that Anlaffe should quietly enjoy the whole Northeast part of England lying North of Waâ—lingstreet and Edmund all the Southern part thereof during their joynt Lives and the Survivor of them enjoy the whole Realm after the others decease But Anlaffe soon after wasting the Church of St. Balter and burning Tivinagham with fire was presently seised on by Gods avenging Judgement and miserably ended his life About the year 940. Hoel Dha Prince of all Wales sent for six Laymen eminent for authority and knowledge out of every Kemut or hundred of his Realm and all the Archbishops Bishops Abbots Priors of his Realm dignified with a Pastoral staff who continuing all together in prayer fasting and consultation all the Lent did in this Welsh Paâ—liament make and enact many Civil and Ecclesiastical Laws which they divided into 3 parts and books for the better Government of the Realm and Church which you may read in Spelman In the 22 Law whereof they thus determine Tres autem sunt homines quorum â—ullus potest per Legem impignorare contra aliquod Iudicium Primus est Rex ubi non poterit secundum Legem in Liâ—e stare coram judice â—uo agendo vel respondendo per dignitatem naturalem vel per dignitatem terrae ut Optimas vel alius So that by the Laws of those times not only the Kings of England but even the petty Kings of Wales were by their very Natural and Royal Dignities exempted from all personall Tryals and Judgements against them in any Courts of Justice seeing they had no Peers to be tryed by In the year 940 Reingwald or Reginald the Dane comming
the Church of Worcester This Bishop with 50 Mass Priests and 160 other Priests Deacons Monks and Abbots whose names are recorded in the Manuscript swore that this Lana and Monastery were impropriated to his possession and Church which Oath with all these fellow swearers hewas ordered to take at Westminster and did it accordingly after 30 nights respite Whereupon It was ordained and decreed by the Archbishop all the Council consenting with him that the Bishop should enjoy the Monastery Lands and Books to him and his Church and so that sute was ended and this Decree pronounced thereupon Quapropter si quis hunc agrum ab illâ Ecclesiâ in Ceastre nititur eveâ—lere contra Decreta sanctorum Canonum sciat se facere quia sancti Canones decernunt Quicquid Sancta Synodus universalis cum Catholico Archiepiscopo suo adjudicaverit nullo modo fractum vel irritum esse faciendum Haec autem gesta sunt Hi sunt Testes Connrmatores hujus rei quorum nomina hic infra notantur à die tertio Calend Novembrium Ego Beornulf Rex Merciorum hanc chartulam Synodalis decreti signo sanctae Christi Crucis consirmavi Then follows the Archbishops Subscription and confirmation in like words with the subscriptions of sundry Bishops Abbots Dakes and Nobles being 32 in number all ratifying this Decree An. 833. Egbert King of West-Saxons Athelwulfe his Son Witlasius king of Mercians both the Arcbbishops Abbots cum Proceribus majoribus totius Angliae with the greatest Nobles of all England were all assembled together at London in a National Parliamentaty Council pro consilio capiendo contra Danicos Piratas Littora Angliae assidne infestantes to take Counsel what to do against the Danish Pirates dayly infesting the Sea-Coasts of England In this Council the Charter of Witlasius king of Mercians to the Abbey of Croyland where he was hid and secured from his enemies was made and ratified wherein he granted them many rich gifts of Plate Gold Silver Land and the Privilege of a Sanctuary for all offenders flying to it for shelter which grant could not be valid without a Parliamentary confirmation for he being elected King omnium consensu after the slaughters of Bernulf and Ludican two invading Tyrants cut off in a short time qui contra fas purpuram in duerent regno vehementâ—t oppresâ—o totam militiam ejus quae quondam plurima extiterat victorio sissima sua imprudentia perdiderant as Ingulphus writes was enforced to hold his kingdom from Egbert king of West-Saxons under a Tribute And thereupon conferring divers Lands by his Charter to this Abbey for ever to be held of him his heirs and Successors Kings of Mercia in perpetual and pure Frankalmoigne quietae solutae ab omnibus oneribus secularibus exactionibus vectigalibus universis quocunque nomine censeantur That his grant might be sound and valid he was necessitated to have it consirmed in this Parliamentary Council by the consent of King Egbert and his Son and of all the Bishops Abbots et Proceribus Majoribus Angliae and the greater Nobles of England there present most of them subscribing and ratifying this Charter with the sign of the Cross and their names About the year of Grace 838. there was a Parliamentary Council held at Kingston in which Egbert king of the West-Saâ—ons and his Son Aethelwulfe Ceolâ—eth Archbishop of Canterbury with the rest of the Bishops and Nobles of England were present Amongst many things there acted and spoken Archbishop Ceolnoth shewed before the whole Council That the foresaid Kings Egbert and Aeâ—hel wulfe had given to Christchurch the Mannor called Malinges in Sudex free from all secular service and Regal Tributes excepting only these three Expedition building of Bridge and Castle which foresaid Mannor and Lands King Baldred gave to Christchurch Sed quia ille Rex cuneâ—is Principibus non placuit noluerunt donum ejus permanere râ—…m But because this King pleased not all his Nobles they would not that this his gift should continue firm To which Sir Henry Spelman adds this Marginal Note Rex non potuit distrahere patrimonium Regni sine assensu Procerum Wherefore the foresaid Kings in this Parliamentary Council with their Nobles assent at the request of the said Archbishop regranted and confirmed it to Christchurch with this Anathema annexed against the infringers of this grant If any shall presume to violate it on the behalf of God and of us Kings Bishops Abbots and all Christians let him be separated from God and bet his portion be with the Devil and his Angols Polydor Virgil records that King Athelwulfe in the year 847. going in pilgrimage to Rome repaired the English School there lately burned down and in imitation of King Ina made that part of his Kingdom which Egbert his Father had added Tributary towards it Legeque sancivit and enacted by a Law made in a Parliamentary Council that those who received 30 pence rent every year out of their possessions or had more houses should pay for those houses they inhabited every of them a penny a peece to the Pope for the maintenance of this School at the Feast of Peter and Paul or at least of St. Peters bonds which Law some writes he though falsely ascribr to his Son Alfred which act others refer to the years 855 or 857 and that more truly Abbot Ingulphus in his Hist of the Abby of Croyland records that Bertulf usurping the Crown by the treacherous murder of his Cosen St. Westan tantà ferebatur ad regnandum ambitione passing by the Abbey of â—royland most wickedly and violently took away all the Jewels Pâ—ate and ornaments of the Church which his Brother Withlasins and other Kings had given to it together with all the mony he could find in the Monastery and hiring Souldiers therewith against the Danes then wasting the Country about London he was vanquished and put to slight by the Paâ—ans Whereupon this King soon after holding a great Council at Benningdon An. 850. with the Prelates and Nobles of his whole Realm of Mercia there assembled about the Danes invasions how to raiâ—e â—orces and monies to resist them as is most probable by 〈◊〉 Historians Abbot Siward and the Monks of Croy land therein complained before them all by Askillus then fellow Monk of certain injuries malitiously doâ—e unto them by their Adversaries who lying in wat in the uttermost banks of their Rivers did seise upon their servants being such as fled thither for Sanctuary in case at any time they went out of their precincts never so little way either to fish or bring back their stragling Sheep Oxen or other Cattle as infringers of their Sanctuary and subjected them to the publick Laws to their condemnation and destruction to the great dammage of the Abbey by the loss of their service Of which complaint the King and all the Council being very sensible and
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 Arohbishop 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 when 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 Just Then all the Council found it to be Justice et hoc unanimi consensu Decrevit and Decreed it by a unanimous consent That all those things which her Father had taken away from the Archbishop she ought justly to restore unto him and to give him so much again 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 because this pleased the king and he humbly intreated it out of Love and Friendship to the King the Archbishop consented thereto for the 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 Wamdelâ—a and Gedding Then the Archbishop for the love of God and the amiable friendship of Beornulf consented 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 Landbor and with the same liberty which he had before for a perpetual inherâ—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 Herfocdingland 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 Councilâ— 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 Arch-bishop 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 Synodali authoritate decretum est et signo crucis firmatum concerning this which was ended by authority of the Council and confirmed with the sign of the Ctoss 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 AbbessCenedritha Daugher and heir to king Kenulph After the decease ofher father the Tort Feasor 4ly That the same cause and complaint was revived continued ended in succeeding that rested undecided and unrecompenseâ— 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 atleast 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 m 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 sure between Heabere Bishop of Worcester and the Nuns of Berclea concerning the inheritance of Aethelfrick Son of Aethelmund to wit the Monasterie called West-Burgh the Lands whereof with the Books the Bishop then had as Aethelfrick had before commanded that they should be restored to
Realm and the hearts of the Subject to be withdrawn from and set against their Soveraign they thought it a sufficient occasion and advantage to forward their intendments and omitting no time arived on the Coasts of Kent and spoiled the Country as aforesaid About the year of our Lord 982. One Lefsi bought lands in the Isle of Ily of Adelwold Bishop of Winchester and not only denied to pay for them but likewise forcibly disseised the Bishop of 3. Manors Burch Undeles and Kateringes which the Bishop recovered by Judgement of the Earldermen and Thames in the WITENAGEMOTE Wittagemiot or Parliamentary Assembly of that age thus reported by the antient Book of Ely and by Mr. Selden out of it Edicitur placitum apud Londoniam quo cum Duces Principes Satrapae Rethores et Causidici ex omni parte confluxerant beatus Aedelwoldus praefatum Lefsium in jus protraxit et coram cunctis suam causam et injuriam ac rapinam quam ipse Leofsius intulerat sanctae Ecclesiae ex ordine patefecit Qua re benè ac apertè ab omnibus discussa omnes Deo et beato Aethelwaldo per judicium reddiderunt Burch et Undeles et Kateringes Judicaverunt etiam ut Leofsius Episcopo totum damnum suum suppleret et Mundam suam redderet de rapina verò Regis forisfacturam emendaret dato pretio genealogiae suae Post haec infra octavum diem convenerunt iterum ad Northamtune et congregata ibi tota Provincia sive Vicecomitatu coram cunctis iterum causam supradictam patefecerunt Qua patefacta ac declarata ut praejudicata erat apud Londoniam judicaverunt et isti apud Northamtune Quo facto omnis populus cum jurejurando in Christi Cruce reddiderunt Episcopo quae sua erant scilicet Burch et Undeles et Kateringes By which President it is apparent 1. That Parliamentary Councils in that age held Pleas and gave judgements of Disseisins and Titles of Lands 2. That they had Lawyers to assist them and plead such cases before them 3. That the Judgement given in the Great Council at London was confirmed recited and executed in the County-Court held at Northampton and possession of the Lands accordingly restored to the Bishop King Ethelred being incensed against the Bishop of Rochester Anno 983. as some or 986. as others compute it besieged the City of Rochester for a long space VVhereupon Archbishop Dunstan commanded him to give over the siege lest he should provoke St. Andrew Patron of that City against him The King notwithstanding continued his siege till he extorted one hundred pounds from the Bishop VVhereupon Dunstan admiring at his covetousness sent him this Message Because thou hast preferred silver before God Mony before an Apostle covetousness before me the evils which the Lord hath denounced shall violently come upon thee Upon which Matthew Westminster makes this observation Anno 986. Rex Anglorum Aethelredus qui prohibente beato Dunstano Centum libras ab Episcopo Roffensi extorserat pro pace brevissima pensionem 16 millium librarum persolvere compulsus est VVhich fell not out till the year 994. as himself and others record Malmesbury referrs it to the Tax of 10 thousand pounds paid by him to the Danes Anno 991. In this year 986. Alfric Duke of Mercians son of Duke Alfere was banished England crudeliter cruelly without just cause as Bromton recites which made him afterwards prove treacherous to the King he being one of those English quos nullis causis extantibus exhaeredabat Rex et affecto crimine opibus emungebat which Malmesbury taxeth him for His oppression and injustice being the chief causes of his miscarriage and expulsion by the Danes Anno 988. The Danes invading VVecedport thereupon Goda Earl of Devonshire Strenwild a most valiant Knight and many others in defence of their Native Country and Liberties fought with them and were slain by them And Anno 891. Brithnoth the most valiant Duke of the East English and his forces fought a set battle with the invading Danes who wasted Ipswich and the parts adjoyning In which battel an innumerable multitude were slain on both sides and this valiant Duke with many thousands of the English in defence of their Country against these Invaders After which by the Counsel of Syricius Arch-bishop of Canterbury Duke Aethelward Alfric and other Nobles assembled no doubt in a Parliamentary Council as Malmesbury his Duces et Proceres si quando in Concilium venissent pars hic 〈◊〉 illud elâ—… c. 〈◊〉 Henry de Knyghton his Proceres Regni si quando ad Concilium congregati c. import A Tribute of ten thousand pounds was given to the Danes that they might desist from their frequenr rapines and slaughters of men which they frequently exercised about the Sea-coasts pacemque firmam cum iis tenerent and might hold a firm peace with them Some of our Historians stile this Infaustum Concilium an unlucky Council Eadmerus gives this verdict of it Regis desidia circum circa innotuit Et ideo extevorum cupiditas opes Anglorum quam mortes affectans hac illac per mare terram invadere primo propinquas mari villas urbes deinde remotiores ac demum totam Provinciam miserabili depopulatione devastare Quibus cum ille nimio pavore perculsus non armis occurrere sed data pecunia pacem ab eis petere non erubuisset ipsi suscepto pretio in sua revertebantur ut numero suorum adaucto fortiores redirent ac praemia iteratae irruptionis multiplicata reciperent Unde modo decem millia modo sedecim millia modo viginti quatuor millia modo triginta millia librarum argenti consecuti sunt omnia illis largiente praefato Rege Edelredo et gravi exactione totum Regnum opprimente VVilliam of Malmesbury paâ—â—eth this censure on it and the unhappy consequence of it Danis omnes portus infestantibus levitate piratica ubique infestantibus dum nesciretur ubi eis occurrere debent decretum à Syriaco Archiepiepiscopo c. ut repellerentur argento qui non poterunt ferro Ita decem milliâ— librarum soluta cupiditatem Danorum explâ—â—ere Exemplum Infamiae et Viris indignnm libertatem pecunia redimere quam ab invicto animo nulla violentia possit excutere Et tunc quidem palisper ab incurâ—â—bus cestarunt mox ubi vires otio resumpserunt ad superiora reditum Tantus timor Anglos invaserat ut nihil de resistendo cogitarent Si qui antiquae gloriae memores obviare â—â—gna colligere tentassent hostium multitudine sociorum defectione destituebantur whereby they became Vassals and Tributaries to the insulting Danes Cujus Siricii consilio in gestis Regum dixi Ethelredum Regem animi libertatem Danis pretio â—endicasse Ut eoruâ— pacem argento redimerent quod ferro repellere posseâ—â—