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A91268 A seasonable, vindication, of the good old fuudamental [sic] rights, and governments of all English freemen By William Prynne Esq; a bencher of Lincolnes Inne. Prynne, William, 1600-1669. 1659 (1659) Wing P4070A; ESTC R232121 273,664 397

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Where upon being a Noble and very potent man of great Parentage he called all his kinsmen and the chief Nobles of his Familie to him with all speed and acquainted them with this dishonour done to him by the king saying he would by all means be avenged thereof and by their Counsel and Consent they went all together to York to the king who when he saw Bruern called him courteously to him But he guarded with his kinred and friends presently defying the King resigned up to him his Homage Fealty Lands and what ever he held of him saying that he would never hold any thing of him hereafter as of his Lord And so without more words or greater stay instantly departed and taking leave of his friends went speedily into Denmark and complained to Codrinus king thereof of the Indignity done by King Osbrith to him and his Lady imploring his aid and assistance speedily to revenge it he being extracted out of his Royal blood The king and Danes hereupon being exceeding glad that they had this inducing cause to invade England presently gathered together a great Atmy to revenge this Injury done to Bruern being of his Blood appointing his two Brothers Inguar and Hubba most valiant Souldiers to be their Generals who providing Ships and other Necessaries transported an innumerable Army into England and landed them in the Nothern parts This being the true Cause why the Danes at this time invaded England in this manner In the mean time the Parents Kindred and Friends of Bruern expelled and rejected King Osbrith for this Injury done to him and his Lady refusing to hold their Lands of or to obey him any longer as their Soveraign and advanced one Ella to be King though none of the Royal bloud Our other Historians who mention not this fact of Osbrith and occasion of these Danes arival to revenge it write that the Danes upon their Landing marched to the City of York wasting all the Country before them with fire and Sword unto Tinmouth At that time they write by the Devilsinstinct there was a very great discord raised between the Northumberlanders Sicut semper populo qui odium incurrerit evenire solet For the Northumberlanders at that time had expelled their lawfull King Osbrith out of the Realm and advanced one Ella a Tyrant not of the Royal bloud to the Regal Soveraignty of the Kingdom By reason of which division the Danes taking York ran up and down the Country filling all places with bloud and Grief wasting and burning all the Churches and Monasteries far and near leaving nothing standing but the Walls and ruines of them pillaging depopulating and laying waste the whole Country In which great necessity and distress the Northumberlanders reconciling their two Kings Osbrith and Ella one to another gathered a great Army together against the Danes which their two Kings and eight Earls marched with to York where after a long fight with various success both the said Kings with most of the Northumberlanders were all stain April 11. Anno 867. The City of York consumea with fire and the whole Kingdom made tributarie to the Danes Simeon Dunelmensis relates that both these kings had violently sacrilegiously taken away certain Lands from S. Cuthberts Church in Durham for Osbrit had by a sacrilegious attempt taken away Wircewood and Tillemouth and Ella Billingham Heclif and Wigeclif Creca from S. Cuthbert tandem cum maximâ parte suorum ambo praefati Reges occubuerunt Injurias quas Ecclesiae sancti Cuthberti aliquando irrogaverant vitâ privati regno persolverunt Which the Author of the History of St. Cuthbert observes and records more largely as a punishment of their sacrilegious Rapine The Danes hereupon made Egbert king of Northumberland as a Tributary and Viceroy under them Sic Northumbria bellieo jure obtenta barbaro rum dominium multo post tempore pro conscientiâ libertatis Ingemuit writes Malmesbury de Gestis Regum Angliae l. 2. c. 3. p. 42. These rebellious Northumberlanders about 7 years after uno conspirantes consilio expelled Egbert the Realm by unanimous consent together with Archbishop Wilfer making one Richius King in his Place the Danes both then and long after possessing and wasting their Country and slaughtering them with fire and sword as the Marginal Historians record more than any other parts of the Iland by a just divine punishment for their manifold Treasons Seditions Factions Rebellions against and Murders of their Soveraigns In the year 868. a great Army of these victorious plundering Danes marched out of the Kingdome of Northumberland to Nottingham which they took and there wintered Whereupon Beorred or Brithred King of Mercians omnesque esusdem gentis Optimates and all the Nobles of that Nation assembled together Where the King Consilium habuit cum suis Comitibus comilitonibus omni populo nbi subjecto Qualitèr inimicos bellicâ virtute exuperaret sive de Regno expelleret held a Council with his Earls and fellow Souldiers and all the people subject to him how he might vanquish these Enemies with military power or drive them out of the Realm By whose advice he sent Messengers to Ethelred King of the West-Saxons and to his Brother Elfrid humbly requesting them that they would assist and joyn with him against the Danish Army which they easily condescening to gathered a very great Army together out of all parts and joyning all together with Beorred and his forces marched to Nottingham unanimously with a a resolution to give the Danes battel who sheltering themselves under the works of the Castle and Town refused to fight with them whereupon they besieged them in the Town but being unable to break the Walls they concluded a Peace at last with the Danes upon condition that they should relinquish the Town and march back again into Northumberland which they did where their Army continued the whole year following in about York debacchans insaniens occidens perdens perplurimos viros mulieres Abbot Ingulphus records that during the siege of Nottingham King Beorred as he stiles him at the request of Earl Algar the younger who was very gracious with him and the other Kings causâ suae nobilis militiae granted a Charter of Confirmation not only of all the Lands Advowsons Possessions which this Earl with other particular persons and Kings had given to the Abby of Croyland but likewise of all their former Privileges confirming all their Ilands Marishes Churohes Chapels Mannors Mansions Cottages Woods Lands Meadows therein specified to God and Saint Guthla● for ever Libera Soluta emancipata ab omni onere terreno servitio seculari in Eleemofynam aeternam perpetuo possidendam Which Charter hath this memorable exordium expressing the motives inducing this King to grant it Beorredus largiente Dei gratiâ Rex Merciorum omnibus provinciis populis earum universam Merciam inhabitantibus fidem Catholicam
est quod Episcopi et praepositi qui Londoniensi Curiae pertinent edixerunt jurejurando confirmaverunt in suo Fridgildo Comites villani in adjectione judiciorum quae apud Grateleyam Exoniam instituta sunt iterum apud Thundresfeldam Cap. 1. Et est imprimis haec non parcatur alicui latroni supra 12 Annos et supra 12 d. de quo verè fuerit inquisitum quod reus sit quin occidatur capiatur omne quod habet c. Cap 14. Nec tacendum est vel praetereundum si dominus noster vel praepositorum nostrorum aliquis ullum Augmentum excogitare possit ad nostrum Fridgildum ut hoc gratanter excipiamus sicut nobis omnibus convenit nostrum necesse sit in Deo confidimus et regni nostri Domino Cap. 15. Si totum hoc ita complere volumus res totius populi meliorabitur contra fures quam antea fuit si remissius egerimus de pace vadiis quae simul dedimus quam Rex nobis praecipit timere possumus vel magis scire quod fures isti regnabunt plus quam antè fecerunt si fidem teneamus et pacem sicut domino nostro placeat quia magnum opus est ut insistamus et peragamus quo● ipse velit et si amplius praecipiat cum omni jocunditate et de votione parati sum us Cap. 17. Item quod Sapientes omnes dederunt vadium suum insimul Archiepiscopo apud Thundresfeldam quando Ealpheagus Scyb et Brithnodus Odonis filius veneruut ad Concilium ex ore Regis ut omnis praepositus vadium capiat in suo comitatu de pace servandâ sicut Adelstanus Rex apud Fefresham et quartâ vice apud Thundresfeldam coram Archiepiscopo et Episcopis et Sapientibus quas ipse Rex nominavit qui interfuerunt et judicia conservaverunt Quae in hoc Concilio fuerunt instituta c. Cap. 18. Item quod Adelstanus Rex praecepit Episcopis suis et praepositis omnibus in toto Regno suo ut pacem ita custodiant sicut recitavit et Sapientes sui Cap. 19. Item Rex dixit nunc iterum apud Thitlan● birig Sapientibus suis et praecepit ostendi Atchiepiscopo et caeteris Episcopis quod ei miserabile videtur quod aliquis tàm juvenis occidatur vel protàm parvâ re sicut innotuit ei quod ubique fiebat dixit itaque Quod ei videbatur et eis cum quibus hoc egerat ne aliquis occidatur junior quam quindecim Annorum nisi se defendere velit vel aufugere et in manus ire velit ut tunc deducatur sic major sit minor qualiscunque sit si se dederit ponatur in Carcere sicut apud Greateleyam dictum est et per idem redimatur c. Praecepit Rex ne aliquis occidatur pro minori precio quam 12 d. nisi fugiat vel repugnet ne dubitetur tunc licet minus Si haec ita conservemus in Domino Deo confidimus quod pax nostra melior erit quam antea fuit As these passages demonstrate the proceedings of the Parliamenrary Councils in that Age unknown to most for which end I have transcribed them at large so they clearly prove that Theeves or Felons much lesse other English Freemen could not be imprisoned killed put to death fined or ransommed but by special Acts and Laws made in General Parliamentary Councils nor any Laws made enacted or altered in such Councils but by the Kings Royal Assent thereto who then frequently summoned them and all the Members ofthem by writ and nomination without the Peoples Election Henry de Knyghton de Eventibus Angliae l. 1. c. 5. and some other fabulous Authors relate that in the eighth year of King Aethelstans reign Olaus King of Denmark Golanus King of Norwey and the Duke of Normandy with 8 Dukes and 5 hundred thousand Souldiers arived in England bringing with them out of Africa A Giant called Colybrand the strongest and most famous at that time throughout the World Whereupon King Aethelstan hearing of their comming Congregavit Magnates assembled his Noblemen at Winchester to advice with them how they might resist the Enemies and fight with them in Battel Thar whiles king Aethelstan vacaret tali Coneilio et congregatione populi sui in Wintonia the foresaid kings came upon him with their Army and besieged him Cum Baronia sua with his Batons in that City for two years space Neither durst the English sight with them by reason of their multitude and Power In the mean time they made this Agteement that king Aethelstan should find out one Champion to fight a single Duel with Colybrand that in all future times the Realm of England should be held of the King of Denmark under a Tribute and if Colybrand were conquered by Aethelstans Champion rhen Olaus should forfeit and disclaim the Realm of England for him and his Heirs for ever and no King of Denmark should afterwards lay claim to the Realm of England nor yet molest it That the king in near one whole years space could not find out a Champion to encounter Colybrand whereupon he and his Nobles were very much troubled At last God by an Angel from Heaven directed the King to sind out Guy of Warwick comming thither as a Pilgrim who undertook to encounter Colybrand and after a sharp battel with him in the view of both kings and their Armies cut off one of his hands and after that his head By which Victory the whole Land of England enjoyed the unviolated privilege of rest and Liberty from the Danish king untill Cnute king of Denmark gained the Realm of England from Edmund Ironside But this Relation being contrary to the truth of History and the Stream of all our Historiographers I shall repute it meerly fabulous though I could not well omit it for that Relation it hath to this my Theame and precedent Propositions William of Malmesbury and others out of him record that Elfrid a Noble man who opposed Aethelstans Title to the Crown though in vain intended to have seized on him at Winchester and put out his eyes but his Treason being discovered before it came to the Accomplishment he was taken and sent to Rome to purge himself by Oath where before the Altar of St. Peter and Pope Iohn the 10th he abjured the fact and thereupon fell suddainly down dead to the Earth and being carried from before the Altar by his Servants to the English School he there died within three daies after Upon this the Pope sent to the king to advise what he should do with him and whether he should allow him burial with other Christian Corps The king hereupon assembling a Council of his Nobles to advise about it Optimates Regionis the Nobles of the Realm with a great Company of Elfrids kindred earnestly requested of the King with great humility that his body might