publications for the common liberty weale and Benefit of the Nation I commend both them and thee to Gods tuition and benediction WILLIAM PRYNNE Lincolns Inne December 6. 1656. A Seasonable Legal and Historical Vindication of the good old Fundamental Liberties Rights and Laws of England Chapter 3. Section 4. Comprehending a brief Collection of all the most observable Parliamentary Councils Synods Conventions Publique Contests Debates Wars Historical Proceedings Passages Records relating to the fundamental Liberties Franchises Rights Customs and Government of the People under our English Saxon Kings from the year of our Lord 600 till the death of King Edmund Ironside and reign of Cnute the Danish King Anno Dom. 1017. with some brief Observations on and from the same IN the former Section I have presented you with a general brief Account of our first English Saxon Christian Kings limited Power and Prerogative being obliged to govern their English-Saxon Subjects not arbitrarily but justly according to their known Laws and totally disabled to alter repeal any old or enact any new Laws to impose any publique Taxes Tallages Imposts Customs whatsoever on their people upon any real or pretended necessity to mâ—ke any War Peace or to alienate the Lands or ancient Revenues of their Crowns to any pious publique or private uses whatsoever without the common consent of their Nobles and Wisemen in general Parliamentary Councils together with a Summary of the Laws of Ethelbert the first Christian Saxon King wholly pretermitting the Names Acts Kingdoms of our first Pagan Saxon Usurpers rather than lawfull Kings who though many and great in their generations were veâ—y speedily brought to nothing their Kingdoms begun erected by blood conquest and meer power of the Sword standing not long unshaken by civil wars among themselves each King envying his equals greatness and seeking to inlarge his own Dominions upon the next In which Combustions few or none of them came to the Grave in due time but were either slain in war or treacherously murdered in Peace or expelled their Realms by or forced to resign their Crowns to others after all their former prosperous successes and reigns wholly spent in Wars Troubles Seditions Rebellions Rapines affording nothing worthy memory for their peoples good the Kingdoms settlement or imitation of Posterity Whence Henry Huntindon in the close of the 2 Book of his Histories p. 320 hath this Observation concerning them very seasonable for our present times Vide igitur Lector perpende quanta Nomina quam cito ad nihilum devenerint Attende quaeso stude cum nihil hic duâ—et ut adjuiras tibi regnum substantiam illam quae non deficiet Nomen illud honorem qui non pertransibit monimentum illud claritatem quae nullis saeculis veterascet Hoc praemeditare summae prudentiae est acquirere summae caliditatis adipisci summae faelicitaâ—is I shall now in this Section proceed in my intended Chonological Method to their next succeeding Christian Saxon Kings reigns in England till the reign of King Cnute the Dane Anno Domini 1017. It is recorded of Aethelbert the first Christian Saxon King of Kent that keeping the Feaâ—t of our Saviours Nativity at Canterbury with his Queen Ead bald his Son Arch-Bishop Augustine and the Nobles of the Land he there held a Parliamâ—ntary Council with them on the 5. of Ianuary in the year of our Lord 605. Which Thomas Sprot thus expresseth in the Language of his age rather than of that Convocato ibidem communi Concilio tam Cleri quam Populi die quinto â—anuarii he did then and there Omnium singulorum approbatione consensu as he relates or cum consensu Venerabâ—lis Archie â—iscopi Augustini Ac Principum meorum cum Aedbaldi filii mei aliorumque Nobilium optimatum meorum Consilio as his Charters reciâ—e give grant and confirm to the Church of St. Peter and Paul in Canterbury for ever sundry Lands pretious Utensils Privileges and Immunities by his Charters made and ratified in this Council In which it is most probable he likewise made those Iudicial Decrees and Laws with the advice of his Wise men for the beneâ—it of his people in his own Country Saxon Language Which our venerable Beda William of Malmesbury Huntandon Bromton and others mention only in the general and Bishop Enulph hath registred to posterity in his famous manuscript intituled Textus Rosfensis of which I have given you some account before Section 3. p. 50 51 52. on which you may reflect In the year of Christ 627 Paulinus perswading Edwin King of Northumberland to bâ—come a Christian to avod eternal torments and to be made a partaker of the Kongdom of Heaven The King answered That he was both willing and â—ught to receive the faith which he taught but he ought first to confer with his Friends Princes and Counsellors concerning it thâ—â— so if they concurred in juâ—gement with â—im â—â—ey might all be bapâ—ized together Assembling therefore his Wisemen and advising with them he â—emanded severally of them all What that Doctrine which they never heard of till then and that new worship of God which was preached by Paulinus seemed to tâ—em To whom Coyfi the chief of the Priests presently answered Do thou consider O King what that Religion is which is now preached to us I profess unto thee that which I have most certainly learned that the Religion we have hitherto imbraced hath no virtue at all in it whereupon it remains that if those new things which are now preached unto us shall appear to thee upon examination to be better and stronger than our Religion let us hasten to embrace them without any delay To whose wise perswasions and words Another of the Kings Nobles giving his Assent spake something concerning the brevity and incertainty of this life and of their ignorance and incertainty of that life which is to come concluding That if this new Doctrine brought any thing to them more certain than that they formerly imbraced it ought to be deservedly followed The rest of the Elders and Kings Counsellors prosecuting the like things by Divine admonition Coyfi added that he desired to hear Paulinus preaching concerning God more diligently than before which when he had done by the Kings command he cryed out having heard his preaching I heretofore understood that what we worshipped was nothing because by how much the more diligently I sought the truth in that worship the less I found it But now I openly professe that in this preaching the truth shines forth which is able to give unto us the gifts of eternal life salvation and happiness Whereupon O King I advise thee that the Temples and Altars we have consecrated without any fruit or benefit we should now presenâ—ly execrate and burn Upon â—his without more debate the King openly gave his assent to the preaching of Paulinus renouncing Idolatry confessed â—hat he did imbrace the faith of
and executing sundry of his people against Law without any lawfull tryal by their Peeres or Uerdict and Iudgement by a sworn Iury or upon in sufficient evidence or for Crimes not Capital by the Laws The names of these Iudges with their several offences you may read at large in Horn. Had those pretended Judges of a neâ— edition who of late arraigned condemned executed the King Nobles Gentlemen and Freemen of England in strange new arbitrary Courts of high Iustice without any legal Indictment and Tryal by a sworn Jury of their peers and many of them for offences not Capital by any known Lawes or Statutes of the Realm and upon very slender evidence lived in this Iust Kings reign they might justly fear he would have hanged them all up as Murtherers and Capital Malefactors as well as these 44 Judges not altogether so peccant in this kind as they this form of tryal by sworn Juries of their Peers then in use being since confirmed by the Great Charters of King Iohn and King Henry the 3 some hundreds of subsâ—quent Statutes and the Peâ—iâ—ion of Right not known in Alfreds days I find in the Prâ—face to King Alfreds Laws of which Laws Abbot Ethelred gives this â—rue encomium Leges Christianissimas scripsit promulgavit in quibus fides ejus et devotio in deum solliciâ—udo in subditoâ— misericordia in pauperes Iusticia ciâ—ca omâ—es cunctis legentibus pateâ— this observable passage That the Apostles elders assembled in a Synod at Jerusalem Acts 15. in their Epistle to the Churches of the Gentiles to abstain from things offered unto Idols added this Summary of all Laws And what ye would not to be done to your selves that doe ye not to others from which one precept it sufficiently appeareth unicuique ex aequo jus esse reddendum that right or Law is of Iustice to be rendred to every one neither will there be need of any other Law or Law-book whatsoever iâ— he who sits Iudge upon others shall only remember this that he would not himself should pronounce any other sentence against others than what he would should be pasâ—ed against himself in their Case But when the Gospel was propagated many Nations and amongst them the English embraced the faith of Gods word there were then held some Assemblies and Councils of Bishops and other most illustrious Wise men throughout the World and likewise in Eâ—gland and these being throughly instructed by Gods mercy dâ—d now first of all Impose a pecuniary Mulct upon Offenders and without any Divine Offence delegated the Office of exacting it to Magistrates leave being first granted Only on a Traitor and Deserâ—er of his Lord or King they decreed that this Milder punishment by pecuniary Mulcts was not to be inâ—licted because they thought just that such a man was not at all to be spared both because God would have Contemners of him unworthy of all mercy and likewise because Christ did not at all compassionate them who put him to death but appointed the King to be honoured above all others These therefore in many Councils singulorum scelerum paenas constituerunâ— ordained the punishments of every kind of offences and commitâ—â—â— them to writing From whence it is apparent First That all capital coporal and pecuniary Mulcts and penalties for any civil or Ecclesiastical offences whatsoever inflicted on the Subjects of this Realm in that and all former ages since they embraced the Gospel were only such as were particularly defined and prescribed by their Parliamentary Councils and the Laws therein enacted and not left arbitrary to the King Judges or Magistrates as it appears by â—he forecited passages of Beda Malmesbury Huntindon and Bromton concerning King Ethelberts Laws part 2. p. 50. by the Laws of King Ina Lex 2 3 4 6 7 9 10 11 12 13 14 15 21 22 25 26 27 30 31 32 34 35 36 37 38 39 40 41 46 47 48 49 54 57 58 64 73 75 76 80. more specially by the Laws of King Alfred himself Lex 1 2 3 4 5 6 7 8 9 12 13 14 15 17 20 21 24 25 26 27 28 29 30â— 31 32 33 34 35 38 39 40 41 42 44 45 46 48 51. with the Laws of our other Saxon kings prescribing parâ—icular fines pecuniary corporal and capital punishments for all sorts of offences and injuries to avoid all arbitrary proceedings and censures in such Cases 2ly That no imprisonment Corporal Capital or pecuniary Mulcts or punishments whatsoever justly might or legally ought to be then inflicted upon any Malefactors or Trespassers whatsoever but when where and for such offences only as the known Parliamentary and common Laws then in force particularly warranted and prescribed which penalties and Laws could not be altered nor abrogated but by Parliamentary Councils only 3ly That Common right and Justice were then to be equally dispensed to all men by our Kings Judges and other Magistâ—ates according to the Laws then established in such sort as they would have them administred to themselves in the like Caâ—es 4ly That â—ilfull Traitors and Deserters of their lawfull Lords Soveraigns were not to be spared or pardoned by â—he Laws of God or Men nor yet punished only with fines but put to death without Mercy Wâ—eâ—ce â—his Law was then enacted by king Alfred and his Wisemen Lex 4. Si â—uis vel â—er â—e veâ— suscepâ—am vel suspectam â—eâ—sonam De morte Regis tractet vitae suae reus sit et omnium quae habebit and â—f any fought or drew any weapon in the Kings house and was apprehended sit in arbitrio Regis sit vita sit mors sicuâ— ei condonare voluerit Lex 8. because it might endanger the kings person This king Alfred made two special Laws for securing even Leets and Inferiour Courts of Iustice from armed violence and distuâ—bances by fighting which I shall recite Lex 41. Si quis coram Aldermanno Regis pugnet In publico emendet Weram Witam sicut rectum sit supra hoc CXX â— ad Witam Lex 42. Si quis Folemot id est populi placitum Armorum exercitione turbabit emendet Aldermanno CXX s. Witae id est foris factuâ—ae What Fines and punishments then do they deserve who not only fight before and disturb Aldermen and Leets with their Armes but even disturb fight and use their Armes against our Aldermen themselves yea all the Aldermen Peersâ— and Great men of the Realm assembled in the highest greatest Parliamentary Councils and over-awe impriâ—on secure seclude and forcibly dissolve them at their pleasures as some of late times have done beyond all former Presidents During the reign of this Noble king Alfred Gythro the Dane sometimes stiled Godrin or Guthurn Anno 878. with an invincible Army running over all the Coaâ—â—s of England waâ—â—ing the Country and depopulating all sacâ—ed places wheresoeâ—er he came quicquid in auro et argento rapere potest Militibâ—s
corroboratae consecâ—aâ—ae sunt prae caeteris regni legibus Leges Regis Edwardi quae quidem prius inventae constitutae â—uerunt tempore Regis Edgari avi sui Veruntatem post mortem ipsius Regis Edgari usque ad Coronationem S. Regis Edw. quod continet annos 67 predictae leges sopitae sunt et penitus praetermissae Sed postquam Rex Edwardus in regno fuit sublimatus Consilio Baronum Angliae Legem 67 annis â—opitain excitavit excitatam reparavit reparatam decoravit decoratam confirmavit confirmata vocata est Lex sancti Regis Edwardi non quod prius ipse invenisset eam sed cum praetermissa fuisset oblivioni penitus dedita â— morte avi sui Regis Edgari qui prius inventor ejus fuisse dicitur usque ad sua tempora videlicet 67 annis The Chronicle of Bromton col 956 957. gives us this large account of these and our other ancient Laws This holy King Edward the Confessor Leges communes Anglorum genti tempore suo ordinavit ordained common Laws in his time for the English Nation because the Laws promulged in former times were over-partial For Dunwallo Molmucius first of all set forth Laws in Britain whose Laws were called Molmucine sufficiently famous until the times of King Edward amongst which he ordained That the Cities and Temples of the Gods and the ways leading to them and the Ploughs of Husbandmen should enjoy the privilege of Sanctuary After which Marcia Queen of the Britons Wife of Guithelin from whom the Provinces of the Mercians is thought to be denonated publishâ—d a Law full of discretion and justice which is called Mercian Lawâ— These two Laws the Historian Gildas translated out of the British into the Latine tongue and so it was afterwards commonly called Merchenelaga that is The Law of the Mercians by which Law 8 Counties were formerly judged namely Gloucestershire Worcestershire Herefordshire Shropshire Chesshire Staffordshire Warwickshire and Oxfordshire After these there was supeâ—added a Law written in the Saxon or English tongue by Ina King of West-Saxons to which Alfred King of the West-Saxons afterwarâ—s superadded the Law which was stiled West-Saxenelega that is the Law of the West-Saxons By which Law in antient times the 9 Southern Counties divided by the River of Thames from the rest of England were judged namely Kent Sussex Surrey Berkeshire Wiltshire Southampton Somersetshire Dorset and Devonshire At length the Danes dominering in the Land a third Law sprang up which was called Danelega that is the Law of the Danes by which Law heretofore the 15 Eastern and Northern Counties were judged to wit Middlesex Suthfolk Northfolk Herthfordshire Cambridgeshire Huntingdonshire Lincolnshire Nottâ—nghamshire Derbyshire Northamptonshire Leicestershire Buckinghamshire Beddefordshire and Yorkshire which County of York heretofore contained all Northumberland from the water of Humber to the River of Twede which is the beginning of Scotland and is now divided into six Shires Now out of the foresaid three Laws Merchenelega West-Saxenelega and Danelega this King Edward set forth one common Law which even to this day is called the Law of Edward The like is recorded by Hygden in his Polychronicon l. 1. c. 50. Mr. Iohn Fox in his Acts and Monuments vol. 1. p. 213 214. Samuel Daniel his Collection of the History of England p. 22. Iohn Speed his History of Great Britain p. 410. Fabian Hâ—linshed Caxton Grafton and others almost in the self-same words These Laws are no where extant in any Manuscripts or printed Authors as they were originally compiled and digested into one body by him and his Barons but as they were presented upon Oath to and confirmed by King William the Conqueror in the 4th year of his reign of which Ingulphus Abbot of Croyland in the close of his History to which they are annexed in some Manuscripts gives us this account flourishing in that age Attuli eadem vice mecum de Londonâ—is in meum Monasterium Leges aequissimi Regis Edwardi quas Dominus meus inclytus Rex Willielmus autenticas esse et perpetuas per totum Regnum Angliae inviolabiliter tenendas sub paenis gravissimis proclamarat et suis Insticiariis commendarat eodem idiomate quo editae runt ne per ignorantiam contingat nos vel nostros aliquando in nostrum grave periculum contraire offendere ausu temerario regiam majestatem ne in ejus censuras rigidissimas improvidum pedem ferre contentas saepius in eisdem hoc modo These Laws are partly Ecclesiastical partly Civil recorded by Roger de Hoveden Annalium pars posterior p. 611. to 631 by Mr. Lambard in his Archaion Henry de Knyghton de Eventibus Angliae l. 2. c. 4. Spelmanni Concili p. 613. Mr. Iohn Selden ad Eadmâ—rum Notae Spicelegium p. 172. to 195 Mr. Iohn Fox his Acts and Monuments vol. 1. p. 214. wherein those who please may peruse them â—n these Laws it is observable 1. That all capital corporal pecuniary punishments fines for criminal offences and all reliefs services and duties to the King are reduced to a certainty not lefâ— arbitrary to the King his Iustices or other Officers for the Subjects greater liberty ease and security 2. That they protect preserve the Possessions Privileges Persons of the Church and Clergy from all Invasion injury violence disturbance and specially enact That not only all Clerks and Clergy men but all other persons shall enjoy the peace of God and the Church free from all assaults arrests and other disturbances whatsoever both on Lords-days Solemn Festivals and other times of publike Church meetings eundo subsistendo redeundo both in going to continuing at and returning from the Church and publike duties of Gods worship or to Synods and Chapters to which they are either summoned or where they have any business requiring their personal presence wherewith the Statute of 8 H. 6. c. 1. concurs as to the later clause Therefore all Quakers Anabaptists and others who disturb affront and revile assault or abuse our Ministers or their people as many now doe in going to or returning from the Church or whiles they continue in it as well before or after as during Divine Service Sermons or Sacraments there administred may and ought by the Common Law of England confirmed both by Confessor and Conquerour in their Parliamentary Councils to be duly punished as Breakers of the Peace by all our Kings Justices and Ministers of publike Iustice being ratified by Magna Charta c. 1. and the Coronation Oaths of all our Kings which all our Judges and Justices are bound to observe To keep to God and holy Church to the Clergy and to the People Peace and Concord entirely according to their power especially during the publike worship of God in the Church and in going to tarrying at and returning from the duties which they owe unto him both as his Creatures and Servants And to grant keep and confirm the Laws Customs
first That the Parliamentary Council wherein this Charter was made and ratified by common consent and this exemption and tenth granted was principally called to resist the invading plundering Danes 2ly That this King and Council in those times of Invasion and necessiâ—y were so far from taking away the Lands and Tithes of the Church for defence of the Realm or from imposing new unnâ—ual Taxes and Contributions on the Clergy for that end that they granted them more Lands and Tithes than formerly and exempted them from all former ordinary Taxes and Contributions that they might more cheerfully and frequently pour â—orâ—h prayers to God for them as the best means of defence and security against these forein invading enemies Mr. Selden recites another Charter of this King of the same year different from it in month and place out of the Chartularies of Abbington Abbey to the same effect made by Parliamentary consent of that time per consilium saâ—ubre cum Episcopis Comiâ—ibus ac cunctâ—s Optimatibus meis which Charâ—er is sâ—bscribed by this King and his two Sons with some Bishops and Abbots ratified with their signs of the Cross and this annexed curse Si quis verò minuere velmutare nostram donationem praesumpserit noscat se ante tribunal Christi redditurum rationem nisi prius satisfactione emendaverit usual in such Charters Afâ—er which this King going to Rome carried Alfred his youngest Son thither with him whom he most loved to be educated by Pope Leo where continuing a year he caused him to be crowned King by the Pope and returning into his Country married Iudith the King of France his Daughter bringing Alfred and her with him into England In the Kings absence in forein parts Alstan Bishop of Sherburne Eandulfe Earl of Somerset and certain other Nobles making a Conspiracie with Ethelbald the Kings eldest Son concluded he should never be received into the Kingdom upon his return from Rome for two Causes One for that he had caused his youngest son Alfred to be crowned King at Rome excluding thereby as it were his eldest Son and others from the Right of the Kingdom Another for that contemning all the wâ—men of England he had married thâ— Daâ—ghâ—er of the Kiâ—g of Fraâ—ceâ— an alien et contra morem et Statuta Regum West-Saxonum and against the use and Statuâ—es of the Kings of the West-Saxons called Juâ—ith the King of France his Daughter wâ—om he lately espâ—used Queen and caused her to sit by his side at the Table as he â—easted For the West-Saxons permitâ—ed not the Kings Wife to sit by the King at the Table nor yet â—o be calâ—ed Queen but the Kings Wife Which Infamy arose 〈◊〉 Eadburga Daughter of King Oâ—fa Queen of the sâ—me Natâ—on who destroyed her Husband King Brithrâ—â—ic with poison and sitting by the King was wont to accuse all â—he Nobles of the Realm to him who thereupon depâ—ived them of lâ—fe or banished them the Realmâ— whom she câ—uld not accusâ— she used to kill wâ—th poison Thereforeâ— for this mis-doing of the Qâ—â—en they all conjured and swore that they would never permit a King to reign over them who should be guilty in the premises Wâ—eâ—eupon King Aethelulfe returning peaceably from Rome his Son Aethelbald with his Complices attempted to bring their conceived wickedness to effect in excluding him from his own Realm and Crown But Almighty God would not permit it for lest peradventure a more than civil war should arise betwâ—â—n the Father and tâ—e Son the Conspiracie of all the Bishops and Nobles ceased though the King Clemency who divided the Kingdom of the West-Saxons formerly undivided with his Son so that the East paâ—t of the Realm should go to his Son Ethelbald and the West-part remain to the Father And when tota Regni Nobiliras all the Nobility of the Realm and the whole Naâ—ion of the West-Saxons would havâ— fought for the King thrust his Son Ethelbald from the right of the Kingdom and 〈◊〉 him and his Complices out of the Realm qui tantum facinus perpeâ—rare ausi sunt Regem à regno â—ropâ—io reâ—ellerent which Wigorniensis Anno 855. â—â—leâ— Facinus et inauditum omnibus saeculis ante infortunium if the Father would have permitted them to do it He out of the nobleness of his mind satisfiâ—d his Sons desire so that where the Father ought to have reigned by the just judgement of God there the obstinâ—te and wicked Son reigned The King Aethelulfe before the death of Egbert his father was ordained Bishop of Winchester but his Father dying he was made King by the Prelatesâ— Nobles and People much against his will cum non esset alius de Regio genere qui regnare debuisset because there was none other of the Royal Race who ought to reign Haeredibus aliis deficientibus poâ—â—modum necessitate compulsus gubernacula Regni in se suscepit as Bromton and others expresse it At his death Anno 857. he did by his will lest his Sons should fall out between themselves after his decease give the kingdom of Kent with Sussex and Essâ—x to Ethelbert his second son and left the kingdom of the West-Saxons to his eldest son Aethelbald then he devised certain sums of Money to his Daughter Kindred Nobles and a constant annuity for ever for meat dâ—ink and cloths to one poor man or pilgrim out of every 10 Hides of his Land 300 marks of mony to be sent yearly to Rome to be spent there in Oyl for Lamps Almes which sums I never find paid by his Successors as he prescribed by his Will and Charter too because not confirmed by his great Parliamentary Councils of Prelates and Nobles as his forcited Charter and Peter-pence likewise granted by him were upon this occasion as some record that he being in Rome and seeing there outlawed men doing penance in bonds of Iron purchased of the Pope thaâ— Englishmen after that time should never out of their Country do penance in Bonds About the year of our Lord 867. Osbrith King of Northumberland as Bromton records residing at York as he returned from hunting went into the house of one of his Nobles called Bruern Bocard to eat who was then gone to the Sea-coasts to defend it the Ports against Theeves and Pirates as he was accustomed His Lady being extraordinarily beautifull entertained him very honorably at dinner The K. enamored with her beauty after dinner taking her by the hand leads her into her Chamber saying he would speak with her in private and there violently ravished her against her will which done he presently returned to York but the Lady abode at her house weeping and lamenting the deeds of the King whereby she lost her former colour and beauty Her Husband returning and finding her in this sad condition inquired the cause thereof wherewiâ—h she fully acâ—uainting him he thereupon cheered her up with comfortable words saying that he would not love
them on Guild-down and there seised upon Prince Alfred and retained him in close Prison when he was hastning towards London to conferr with King Harold as he had commanded And apprehending all his followers he ransacked some of them others of them he put in chains and afterwards put out their eyes some of them he tormented and punished by pulling off the skin from their heads and cutting off their hands and feet many of them he likewise commanded to be sold and slew 600 men of them at Gildeford with various and cruel deaths whose Souls are believed now to rejoyce with the Saints in Paradice seeing â—heir bodies were so cruelly slain in the fields without any fault which Queen Emma hearing of sent back her son Edward who remained with her with greatest haste into Normandy After which by the command of Earl Godwin and some others Prince Alfred being bound most straitly in chains was carried Prisoner to the Isle of Ely by ship where he no sooner arived but his eyes were most cruelly pulled out and so being led to the Monastery was delivered to the Monks to be kept where he soon after died and was there interred Some add that after Alfreds eyes were put out his belly was opened and one end of his bowels drawn out and fastened to a stake and his body pricked with sharp needles or poyneyards forced about till all his intrails were extracted in which most savage torture he ended his innocent life Ranulphus Cistrensis in his Polychronicon l. 6. c. 21. relates that Godwin used this strange cruelty towards those Normans that came over with Alfred whom he twice decimateâ— at Gildeford that he â—ipped up their bellies and fastned the ends of their guts to stakes that were reared and pyght in the ground and laid the bodies about the stakes till the last end of the guts came out The Author of the Book called Encomium Emmae and Speed out of him writes That Harold was no sooner established King but that he sought meanes how to rid Queen Emma secretly out of the way and maliciously purposing took counsel how he might train into his Hay the sons of Queen Emma that so all occasions of danger against him might at once for all be cut off Many projects propounded this lastly took effect that a Letter should be counterfeited in Queen Emma's name unto her sons Edward and Alfred â—o instigate them to attempt the Crown usurped by Harold against their right The Tenor of which Letter you may read in Speed This Letter being cunningly carried digested by Alfred as savoâ—ing of no falshood he returned answer he would come shortly over to attend his Mothers designs which Harold being informed of forelayes the coasts to apprehand him Upon his comming on shore in England Earl Godwin met him and binding his assurance with his corporal Oath became his Leige-man and guide to Queen Emma but being wrought firm for Harold treacherously led these Strangers a contrary way and lodging them at Guildford in several Companies there tithed and murthered them as aforesaid Henry Huntindon the Chroâ—icle of Bromton William Caxton in his Chronicle and another Historian mentioned by Mr. Fox record that this murther was after the death of King Harde-Cnute When the Earls and Barons of England by common assent and counsel sent into Normandy for these two Brethren Alfred and Edward intending to crown Alfred the elder Brother and to make him King of England and to this the Earls and Barons made their Oath But Earl Godwin of West-Sax sought to slay these two brethren so soon as they came into England to the intent he might make Harold his own son by Cnutes daughter or sister maried to him King as some of these affirm Others of them relate that he intended only to destroy Alfred being an Englishman by the Father but a Norman by the Mother whom he foresaw to be a person of such honour and courage that he would disdain to mary his daughter or to be swayed by him and then to mary his daughter Godith to Edward the younger Brother and to make him King as being of a more milde and simple disposition apt to be ruled by him Hereupon Godwin went to Southampton to meet with the two Brothers at their landing It fell out that the Messengers sent into Normandy found only Alfred there Edward being then gone into Hungarie to speak with his Cosen Edward the Outlaw Ironsides son When Alfred heard these Messengers tydings he thanked God and in all hast sped him to England ariving at Southampton with some of his Mothers kinred and many of his fellow-Souldiers of like age who were Normans Whereupon Godwin intimated to the Nobles of England That Alfred had brought over too great a company of Normans with him and had likewise promised the lands of the Englishmen to them and therefore it would not be safe to instirpate such a valiant and crafty Nation amongst them That these ought to undergoe exemplary punishment lest others by reason of their alliance to the King should presume to intrude themselves amongst the English And then posting to Southampton welcomed and received Alfred with much joy pretending to conduct him â—afe to London where the Barons waited for to make him King and expected his comming and so they passed forth together towards London But when they came to Guild-down Godwin said to Alfredâ— Lock round about thee on thy right hand and left and behold what a kingdom shall be subjugated to thy Dominion Upon which Alfred giving thanks to God presently promiâ—ed that if iâ— happened he should be crowned King He would constitute such Laws as should be pleasing and acceptable both to God and Man Which words were no sooner uttered but the Traytor Godwin commanded all his men to apprehend Alfred and to slay all the Normans that came with him in his company and after that to carry Alfred into the Isle of Ely and there to put out both his eys and to pull out his bowels which they accordingly executed as aforesaid And so died this innocent Alfâ—ed right heir to the Crown through the Treason of wicked Godwin When the Lords of England heard thereof and how Alfred that should have been their Kingâ— was put to deathâ— through the false Treason of Godwin against their wills 〈◊〉 were â—onderâ—ull sorrowâ—ull and wrâ—th and swore before God and Man that he should die a worser Death than did Edric which destroyed his Lord Edmond Ironside and would immediately have put him to death but that the Traytor fled and escaped into Denmark and there continued 4. yeares and more and lost all his Lands Rents Goods and Chattels in England confiscated in the mean time for this his Treason These Historians though they somewhat vary in the time and occasion of Prince Alfreds death yet they all agree in the substance of his and of his Norman Souldiers and Campanions treacherous barbarous murders by the joynt or separate
treacherie of Earl Godwin and his son Harold Which how fatal it proved to them both by Gods avenging Justice you shall hear in its due place and what divine vengeance it drew at last on the whole English Nation religious and judicious Mr. Iohn Fox informes us in these words This cruel fact of Godwin and his men against the innocent Normans whether it came of himself or of the Kings setting on seemeth to me to be the cause why the justice of God did shortly after avenge the quarrel of these Normans in conquering and subduing the English Nation by William the Conquerour and the Normans which came with him For so just and right it was that as the Normans coming with a natural English Prince were murdered of English men so afterwards the Englishmen should be slain and conquered by the Normans coming with a forein King being none of their natural Country After the bâ—nishment of Queen Emma out of and murder of Prince Alfred in England Harde-Cnute delaying the time in Denmark and deferring his coming inâ—o England thereupon Harold formerly King only of â—he Mercians and Northumbrians that he might râ—ign over all England in the year 1037. A Principibâ—s et omni Populo Rex eligitâ—râ— was elected King by all the Nobles and People Harde-Cnutus verò quia in Denmarchia mansâ—rat et ad Anglian ut rogabatur venire distulit penitus abjicitur as Florentius Wigorniensis Simeon Dunelmensis Hoveden Bromton Radulphus de Diceto and others inform us After which King Harold degenerating from Cnute his Father in all things took no care at all either of military or civil affairs nor of his own Courtly honour doing only his own will and contrary to his royal estate going more willingly on foot of which he was so swift that he was named Harefoot than riding on Horseback In his dayes there were rendred and paid to 16 Ships from every Port not In-land Towns 8. marks of Silver as in the time of his Father as Henry Huntindon records to which Iohn Speed subjoynes This Dane seeing his hazards prevented sought to secure himself and wâ—th 16 Ships of the Danish Fleet kept the Seas which continued ever in a readiness and wafted from port to port to the maintenance whereof he charged the English with great payments to their no little grudge and reviling whereby he lost the love of his Subjects before it hâ—d taken root in their hearts Neither held he long those disloyal courses for that his speedy death did cut off the infamy of a longer life he dying at Oxford where he was elected King without wife or children to survive his person or revive his name when he had reigned only 4. years and as many moneths Anno 1040. Upon the death of Harold Proceres tam Anglorum quam Danorum in unum concordantes sententiam the Nobâ—es both of the English and Danes assembling together in a Parliamentary Council and concording in one opinion sent Embassadours to Harde-Cnute then at Bruges in Flanders visiting Queen Emma his Mother where he had made great preparation of ships and land-forces to recover the Crown of England which belonged to him both by birth and compact from his brother Harold beseeching him to make hast into England and to take possession of the Crown thereof Whereupon he immediately consenting to the Counsel of the Nobles came speedily into England with 60 as some or 40 ships as others write furnished with Danish Souldiers and Mariners where he was recâ—ived with great joy elected King both by the English and Danes and solemnly crowned at London by Elnothus Archbishop of Canterbury Soon after he commanded Alfric Archbishop of Yorke Earl Godwin and others to digg up the interred corps of his brother King Harold out of his grave in London and his head to be cut off by the hangman and then both head and corps to be thrown into the Common sink and after that into the Thames And that partly in revenge of the injuries done by him to his Mother Queen Emma in banishing and spoiling her of her money and jewels against all right and justice and partly for his unjust invasion of the Crown of England but in truth as a just retaliation of his barbarous cruelty to Prince Alfred and his Normans For whose treacherous inhumane slaughter King Harde-Cnute deprived Alfred Bishop of Worcester of his Bishoprick whose hands were said to have been in Alfreds bloud And for which murder he likewise looked with an evil eye upon Earl Godwin compelling him to an Oath of Purgation touching the same Whereupon Godwin by his own Oath and the Oaths of most of the Nobles of the Realm his compurgators sworeâ— though most falsly That Prince Alfreds eyes were not put out nor he murdered as aforesaid by his Counsel or consent but what was done therein was only by the command of King Harold which he durst not resist Notwithstanding which Oath to purchase his peace with Harde-Cnute he presented him with a most rich and royal present to wit with a Ship whose stern was of gold with 80 Souldiers placed therein all uniformly and richly suited having on their heads gilt Burgonets on their armes bracelets of Gold on their bodies Habergeons Swords Battel-axes Targets and other arms after the Danish fashion all richly gilt with gilt bosses and darts in their hands Which Present though it pacified the Kings indignation yet it prevented not Gods avenging justice on him afterwards for Alfreds bloud thus partly avenged on Harolds carcasse which was cast into the Thames and mangled according to Hard-Cnutes command and lay floting on the water sundry dayes till a Fisherman in compassion took up his corps and buried it privately in St. Clements Danes Soon after Harde-Cnute in the second year of his reign commanded 8. Marks to be paid to every Mariner Some write 20. others 30. marks to every Shipwright of his Danish Navy besides a vast sum of money to his Land-Army Hujus anno secundo redditus est Census Exercitui Dacorum scilicet 21000 lib. 89 lib. Et posteà sunt redditae 32. puppibus 11000 lib. 48. lib. writes Henry Huntindon Tributum inexorabile et importabile Angliae imposuit ut Classiariis suis per singulas nâ—ves viginâ—i â—ac triginti marcas ex pollicito pensitaret Quod dum importune per Angliam exigitur duo infestius hoc munus exequentes a Wigorniae Civibus extincti sunt as Will of Malmsbury expresseth it Hic etiam contra omnem spem octo Marcas unicuique remigi Classis suae de importabili tributo Angliae solvi fecit So Bromton Which â—lorentius Wigorniensis Hoveden Simeon Dunelmensis Matthew Westminster Polychronicon Caxton Fabian Holinshed Grafton and Speed thus more at large relate Anno 1040. Octo Marcas unicuique suae classis Remigi et 12. unicuique gubernatori de tota Anglia praecepit dependi Tributum videlicet tam grave ut
vix aliquis id possit persolvere Quapropter omnibus qui prius adventum ejus desiderabant magnopere factus est exosus summopere Anno 1041. Harde-Cnute King of England Huscarlas missit per omnes regni sui Provincias Or Ministros suos per omnes fines regni destinavit sent his Officers through all the Counties parts of the Realm to exact and collect the Tribute which he had imposed without sparing any and to furnish his Mariners with all necessaries from thence Two of which Oâ—ficers Faeder and Turstin exacting this Importable Tribute with great rigour and cruelty from the Inhabitants of the County and City of Worcester were thereupon tumultuously slain by them in a Monastery whither they fled for Sanctuary on the 4 th day of May. The King being very much incensed therewith sent Godwin with all the rest of the Earls of England and almost all his Officers and whole army thither â—o avenge their deaths commanding them to slay all the men if they could to pillage and burn the whole City and County who coming thither the 2. of November wasted the City and County for 4. dayes space but took or slew few of the City or County because they having notice of their coming fled all away to an Iland in the midst of Severn called Beverage which â—hey fortified and so long manfully defended against their Enemies til they had recovered their peace and obtained leave quietly to return to their homes Whereupon on the fifth day they burnt the City every one returning with great booties and thereupon the Kings wrath was pacified but his reputation much ecclipsed and the affections of the people lost by that cruelty and Tax Which it seems was imposed by his own arbitrary power without any Grant or common consent in a Parliamentary Council Unde cunctis qui prius ejus adventum optaverant in Angliam exosus effectus est writes Mat. Westminster Contumeliam famae amori suo detrimentum ingessit adds Malmsbury This whole Tribute amounted but to 32137 l. which came not to the moity of one Moneths Contribution or Excise in our dayes Iohn Speed and some others write That Earl Godwin devising how the Crown might be worn by him or his to separate the hearts of the Subjects from the Prince thaen which there can be no greater wound unto both caused the King to impose heavy Tributes upon the English only to pay the Danes in his Fléet appointing every common Souldier and Mariner to receive 8. Marks in money and every Officer and Master 12. amounting to the summ of 32147 l. for the payment whereof there was so great a grudge that two of his Collectors were slain by the Citizens of Worcester which caused their City to be burnt and part of the County to be spoiled by the Kings command and their Bishop Alfred expulsed the See til with money he had purchased his peace But observe Gods Justice on this Exactor and Tax-imposing King soon after his cruelty at Worcester as he was revelling and carrouzing amidst his cups at Lambheth at a solemn Mariage-feast between a Danish Lord and Gotha an English Lady he suddenly fell down dead to the ground without speech or breath â—ot being lamented nor desired by reason of his unwonted Taxes excesse and riot Yea so far were all â—orts from bewailing him that in regard of their freedom from the Danish yoak which they attained ever since among the Common people the 8. of Iune the very day of his death is annually celebrated with open pastimes in the street as the old Romans kept their Fugalia for chasing out their King which time is now called Hoc-tide or Herextide signifying a time of scorning or contempt which fell upon the Danes by his death when he had voluptuously and oppressingly reigned over the English not full two years wanting ten dayes thereof Now here take special notice of Gods exemplary justice upon King Cnute the Danish Usurper and Invader of other mens Crowns and Kingdoms by treachery bloud war treason the murders of Edmund Ironside Pr. Edwin and Alfred and exile of the Royal posterity His base Son Harold dispossessed his Legitimate Son Harde-Cnute of the Crown of England contrary to his will and contract banished and spoiled his own Queen Emma of her Treasure and Jewels oppressed the people with Taxes and was soon cut 〈◊〉 by death without any issue Harde-Cnute after his death digs up his Brother Harolds corps beheads and then throws it into the common sink Thames incurs Gods and his Peoples hatred by his Oppressions Taxes Luxurie and is taken away suddenly in the midst of his age without issue before he had reigned two years His Son Swane to whom he bequeathed the Kingdom of Norwey which he got by treachery bribery force and the expulsion murder oâ— their rightfull pious King Olaus was expelled both out of Norwey and Denmark too by Magnus the Sonne of Olaus the English Army sent by Harde-Cnute to re-establish him in the Kingdom of Norwey routed in the field and so forced home thence with dishonour leaving Magnus in possession not only of Norwey but Denmark which he conquered and made Tributary to him Thus were all his three Sons within 8 years space after Cnutes death quite stript of all their three Kingdoms acquired by war blood conquest treachery and the English and Norwegian royal lines restored to their rights and Crowns again What persons then in their right sences would impiously spend much treasure levied on the oppressed people by violence rapin uncessant Taxes Excises or shed much human Christian blood to purchase other mens Crowns Kingdoms which are not only full of cares and troubles but so unstable short and momentary in their fruition as is most evident by the Danish Intruders CHAP. V. Containing a Brief Historicall Collection of all the Parliamentary Councils State-Assemblies Historicall Passages and Proceedings that concern the Fundamentall Liberties Priviledges Rights Properties Laws and Government of the Nation under the reign of King Edward the Confessor from the year of our Lord 1042. to 1066. wherein he died KING Harde-Cnute being sodainly taken out of this world without issue by divine Justice on the 6 day of Iune Anno 1042. thereupon the Earls and Barons of England immediately â—fter his death assembled together in a Great Council about the election of a New King Wherein OMNES ANGLORUM MAGNATES ad invicâ—m tractantes DE COMMVNI CONCILIO ET JURAMENTO STATUERUNT QUOD NUNQUAM TEMPORIBUS FUTURIS ALIQUIS DACUS SUPER EOS IN ANGLIA REGNARET hoc maximâ— pro contemptibus quos Angli à Danis saepiuâ— accâ—perunt c. as the Chronicle of Bromton others informe us All the Nobles of the English treating together decreed by common advice which they ratified with an oath THAT IN TIMES TO COME NEVER ANY DAâ—E or person of the Danish blood SHOULD REIGN OR BE KING OVER THEM IN ENGLAND ANY MORE
themselves suspected thought it not safe for them to come thither without an armed Guard whereupon they encampâ—d at Brâ—verstone with a great host and there stayed giving out a report among the people that they had therefore gathered an Army together out of Kent Surry Yorkshire Oxfordshire Glocestershire Somersetshire Herfordshire Essâ—x Notinghamshire and other parts that they might curbe the Welshmen who meditating Tyranny and Rebellion against the King had fortified a Town in Herefordshire where Swane one of the Earl Godwins Sonnes then pretended to keep watch and ward against them The King hearing that Godwin and his Sonnâ—s had raised a great Army of men out of all these Counties upon this false pretext presently sent Messengers to Syward Earle of Northumberland and Leofric Earle of Mercia to hasten to him being in great danger with all the forces they could raise Who repairing to him at the first with small forces so soon as they knew how the matter went sending their Officers through their Coâ—ntries together with Earle Ralph in his Countrey speedily assembled a great Army to assist the King ready to encounter these enemies if there were a necessity In the mean time Godwin marching with his Army into Glocestershire sent messengers to the King as Matthew VVestminster and some others story commanding him to deliver up Earle Eustace with his companions the Normans Bonomans who then held the Castls of Dovâ—r to him else he should denounce war against him To whom the King being sufficiently furnished with military forces sent this answer That he would not deliver up Earl Eustace to him commanding moreover Ut qui exercitum contra ipsum collegerat sine eâ—us licentia pacem regnâ— perturbaverat veniret ad eum die statuta sâ—per hac injuria sibi responsurus juri pariturus Godwin and his Sonnes being accused of A CONSPIRACY against the King and made odious to the whole Court by the VVelshmen and Normans so that a rumor was spread abroad that the Kings Army would assault them in the same place where they quartered and were unanimously resolved and ready to fight with Godwins Army being much incensed against him if the King would have permitted them Quo accepto Godwinus ad Conjuratos classicum cecinit Ut ultro Domino regi non resisterent sed si conuenti suissent quin se ulciscerentur loco non cederent profecto facinus miserabile plus quam civile bellum fuisset nisi maturiora consilia interessent writes Malmsbury But because the best and greatest men of all England were engaged on the one side and other it seemed a great unadvisednesse to Earl Leofric and others that they should fight a battle and wage war with their own Countrymen and thereupon they advised That hostages being given on both sides the King and Godwin should meet at London on a certain day to plead togâ—ther which Counsel being approved of and mesâ—engers running to and fro between them hostages being given and received and some small agreement made between them at the present thereupon the Earle returned into VVest-Sax and the King increasing his Army both out of Mercia and Northumberland returned with them to London by agreement between both parties Iterumque praeceptum ut Londini Concilium coageretur and it was again commanded by the King that A COVNCEL or PARLIAMENT as Trevisa Speed and others render iâ— should be assembled at London Swane the Son of Godwin was commanded to mitigate the Kings anger by his flight Godwin and Harold were ordered to come to this Councel with twelve men only in their company and that they should resigne up to the King the services of all the Knights and Souldiers which they had thoroughout England But Godwin and his Sonnes as they durst not wage war against the King so ad Curiam ejus venire Iuri parituri negabant They would not come to his Court to put themselves upon a legal tryall alleadging That they would not goe to a Conventicle of factious persons without pledges and hostages that they would obey their Lord in the surrender of all their Knights services and in all things else without the perill of their honour and safety That if they came thither unarmed they might fear the losse of lifâ— if with a few followers it would be a reproach to their honour But the King being so resolute in his minde that he would not recede from what he had resolved by their intreaties â—pon their refusal to come unto his Court to justify themselves Rex in suo Concilio communi Curiae suae judicio by the common judgement of his Court in this Parliamentary Councel Et omnis exercitus unanimi consensu and by the unanimâ—us consent of his whole Army as Flo-rence of VVorcester and his followers subjoyne banished Godwin himself and his five Sons out of England whereupon prolatum Edictum est A Decree Proclamation was then published that within five dayes they should dâ—part out of England Godwin perceving that his souldiers deserted him some some â—or fear of the Kings Army and displeasure thereupon he and his wife Gâ—va and his three sonnes Swane Gurth and Tosti with his wife Iudith daughter to the Earle of Flanders departed presently out of England by the Isle of Thanet into Flanders to Earle Baldwin with much treasure but his other two soâ—nâ—s Harold and Leofric sailed by Bristol into Ireland Moreover the King put away his Qâ—een Edâ—tha for her Father Godwins sake thrust her into the Abbie of Warwel or Redwel without worship with one maid only to attend her committing her to the custody of the Abbess his own sister taking away all her substance without leaving her so much as one penny ne scilicet omnibus suis parentibus patriam suspirantâ—bus sola sterteret in pluma Harolds Earldom and County wâ—a bestowed on Algarus who ruled it nobly and he with good will resigned it up to Harold upon his returne These things being done William Duke of Normandy came to visit the King with a great multitude of Normans and Souldiers whom King Edward honorably received and magnificently entertained for a season carrying him about to all his royal Castles and Cities and at last sent back into Normandy with many and great presents bestowed on him and his followers De successione autem Regni spes adhuc aut menâ—io nulla facta inter eos fuit writes Iâ—gulphus King Edward In Parliamento Pleno having in Plain or full Parliament as Radulphus Cestrensis Knighton de eventibus Angliae l. 1. c. 10. Trevisa and others relate thus banished and outlawed Godwin and his sons in which in condition as some write they continued two ful years Thereupon in the year 1052. Harold and Leofric by way of reveng coming out of Ireland with such ships and forces as they could there raise pâ—llaged the western parts of England â— infesting the shores with continual robberies carrying away rich booties
victoribus suis participarunt de caeter is in â—orum mores transeuntes Sed haec mala de omnibus generaliter Anglis dicta intelligi nolim Scio clericos multos tunc temporis simplici via semitam sanctitatis trivisse Scio multos Laicos omnis generis conditionis in hae eadem gente Deo placuisse facessat ab hac relatione invidia non cunctos pariter hâ—c involvat calumnia Verum sicut in tranquillitate malos cum boâ—is fovet plaerumque Dei sereniâ—as ita in captivitate bonâ—s cum malis noâ—nunquam ejusdem constringit sevâ—ritas I have insisted more largely upon the Historical part of Harolds usurpation perjury short and troublesom reign tragical death Duke Wâ—lliams claims to and manner of acquiring the Crown of England for this reason especially To refute the common received Error of some ignorant Historians of many illiterate Statists and Swordmen of this age and of fundry temporizing Ignoramusses of my own robe who publickly averr in their Pamphlets Speeches Charges and Discourses that Duke William claimed and obtained the Crown of England only as a Conqueror and thereupon altered the antient Laws Customs of the Realm and gave New Laws unto it by his own absolute power as a Conqueror thereof Upon which false Ground they inferre That those in late and present Power coming in by the same Title of Conquest may lawfully give new Laws to impose what Taxes Government they please upon the English as well as Scotish and Irish as a meer conquered Nation by their own inherent authority seeing by the Laws of Warr regularly all Rights and Laws of the place and Nation conquered be wholly subject to the Conquerors will And hereby they justifie all their late Impositions Taxes Excises Sequestration Seisures Sales of all the publike revenues of the Nation and many thousand private mens Estates by their Westminster and White-Hall Ordinances Edicts with the changes of our Government new-modellings of our Parliaments and all other irregular proceedings destructive to our Fundamental Rights Laws Liberties Government which they formerly covenanted inviolably to maintain without grant or consent by any free full lawfull English Parliaments Now to demolish all these their superstructures by subverting their â—alse Foundation of D. Williams pretended Title to the Crown of England only by Conquest It is most apparent by the premised Historical Authorities 1. That King William alwayes claimed the Crown of England both before at and after his Coronation as of right belonging to him by the promise gift contract gift and bequest of Edward the Confessor and as his heir and next kinsman by the Mothers side 2. That he alleged this gift and grant of the Crown to him to be made with the consent of the Archbishops of Canterbury Earls Godwin Syward and other Nobles of the Realm ratified by special Messengers sent unto and Hostages delivered him for its performance and by Harâ—lds own solemn agreement and Oath sent to him by King Edward for that purpose as himself at least suggested to him which designation and grant of King Edward to William was no fiction but a truth confessed by all our Historians and Harold himself who by his answers never denyed but only endeavoured to evade it and voluntarily acknowledged by all the Nobles of England both at his Coronation and in Parliament it self in the 4. year of his reign 3. That after King Edwards decease divers of the Nobles would have elected William King in pursuance hereof but that Harold perjuriously usurped the Crown by meer force and power without the least right unto it or any election by the Lords or people setting the Crown on his own head the very day King Edward was interred and thereby prevented Williams election to it 4. That hereupon divers of the Nobles Prelates and other English sent private Messengers to William into Normandy to come and demand his right to the Crown as due unto him promising hostages and their assistance to recover it 5. That thereupon he sent Embassadors twice or thrice to Harold one after another before his landing insisting on his meer right and Title to the Crown to gain it by parly without effusion of bloud 6. That upon Harolds obstinacy he appealed to the Pope and to all his Nobles assembled in a Parliamentary Council for the justice of his Title and Right to the Crown who declared his Title Lawfull and Just and thereupon encouraged assisted him all they could to regain it by force of arms from the Usurper Harold who would not otherwise depart from it 7. That immediately after his landing he made claim unto it only by the foresaid Right Title and thereupon prohibited his Souldiers to plunder the Country or hurt any of the Inhabitants as being his by right 8. That very few of the English Nobility or Nation would march or engage with Harold against William and sundry withdrew themselves from the battel as conscious of Harolds usurpation perjury and Williams just cause against him however other causes were then pretended and amongst the rest his own Brother-in-laws the greatest Peers of the Realm Earl Morcar and Edwin deserted him in the fight 9. That after the first battel won and Harold slain all the Prelates and Clergy generally except Abbot Frederick appeared for him and would not consent to set up Edgar though right heir 10. That after good deliberation all the Nobles Prelates Loâ—doners and others who first appeared for Edgar with the greatest pâ—rt of the Clergy people of the English Nation without the least fight or resistance or before any siege or summons from him together with Prince Edgar himself voluntarily went out and submitted themselves sware faith and allegeance to him as their Soveraign at Berkhamsted and after that joyfully received him with highest acclamations as their lawfull King at his entry into London 11. That all the Prelates Clergy and Nobility soon after without any coercion upon his foresaid right and Title freely elected and solemnly crowned him as their lawfull King in a due and accustomed manner and then did Homage and swore new Allegiance afresh unto him as their rightful Soveraign 12. That he took the Ordinary Coronation Oath of all lawfull Kings to maâ—â—â—tan and defend the rights persons of all his people to govern them justly c. as became a good King which a King claiming by meer conquest would never do All these particulars are undeniable Evidences that Duke William never made the least pretence claim or title to the Crown and Realm of England only as an absolute Conqueror of the Nation but meerly by Title as their true and lawfull King by designation adoption and cognation seconded with the Nobles Prelates Clergy and peoples unanimous election And although it be true that this Duke ejected Harold and got actual possâ—ssion of the Throne and Kingdom from him by the sword as did Aurelius Ambrosius and others before and King Henry the 4. Edward the 4. Henry the 7. with others
election of the Nobles Clergy and People That although the several Titles he Pretended were perhaps if curiously examined not sufficient to give him a true legal Title and Right to the Crown of England à parte ante because not agreed unto and confirmed by the general consent of the Nobles Kingdom and Nation in a Parliamentary Great Council but only by the King and some particular Prelates and Nobles out of Parliament as Harold in his answers alleged yet being ratified ex parte post both by the subsâ—quent consent agreement submission election Oath homage and fealty of all the people Nobles Clergy by their legal free crowning of him aâ— first by Edgar Atheling his own submission fealty and resignation of his royal right and Title thereby unâ—o him and ratified by succeeding Parliamentary Councils it became an inâ—uhitable Right and Title both in Law and Iustice to him and his Posterity against all others who could lay no legaller Title thereunto he continuing confirming all the antient fundamental Laws Liberties Customs and Government of the English Nation without any alteration both by Oaths and Edicts I shal therefore conclude this point with the words of Shard a learned Lawyer in King Edward the third his reign who when the Kings Counsel in a Quo Warranto against the Abbot of Peterborough would have made a Charter of king Edgar void because they allegedâ— all Franchises were devolved to the Crown by the Conquest replyed thereâ—o The Conquerour came not at all to â—ut any who had lawfull possession out of their rights but to dispossess those who by their wrong had seised upon any land in dis-inherison of the King and his Crown And with the words of our judicious Hiâ—â—orian Sa. Daniel concerning this king VVilliam Neither did he â—ver claim any power by conquest but as a regular Prince submitted himself to the orders of the Kingdom desiring to have his Testamentary Title howsoever weak to make good his succession rather than his sword And though the stile of Conqueror by the flattery of the time was after given him he shewed by all the course of his Government he assumed it not introducing none of those Alterations which followed by violence but by a mild gathering upon the disposition of the State and the occasions offered and that by way of reformation And although Sir Hen. VVotton gives this verdict of them VVe do commonly and justly stile him the Conquerour For he made a general conquest of tâ—e â—â—ole Kingdom and People either by Composition or Armes c. Yet he addes He was Crowned on Christmas day 1066. at which time he would fain have compounded a Civil Title of I know not what Alliance or Adoption or rather Donation from Edward the Confessor As if hereditarie kingdoms did pass like Newyears gifts The truth is he was the heir of his Sword Yet from these pretences howsoever there sprang this good That he was thereby in a sorting aged to cast his Government into a middle or mixed nature as it were between a lawfull successor and an Invader though generally as all new Empires do savour much of their beginning it had more of the Violent than of the Legal If any domineering Souldiers or others upon this false surmise of Duke VVilliams right to the Crown and Realm of England by meer conquest â— shall henceforth presume to claim and exercise a meer arbitrary absolute tyrannical and despotical power over our English Nation Laws Liberties Parliaments Estates Persons as over a meer conquered Nation against all Commissions Trusts Oaths Engagements Declarations and the rules both of Law and War it self being raiâ—ed waged commissioned only to defend and preserve us from conquest by the opposite party Let them know that they are far greater worser Enemies to their own Native Country than this Norman Duke or any of our former British Saxon Danish Norman or English Kings who never claimed the Crown by meer conquest in any age but only by some real or pretended Title of Inheritance or at least by a free and general election both of the Nobility Clergy and people as this King William did From the former Historical Passages concerning Harold Tosti Duke William and the Kentishmen I shall deduce these legal Observations 1. That no Tax Subsidie or Imposition whatsoever could in that age be imposed on the English or Norman Subjects by their Kings or Dukes but by their common consentâ— in their Parliamentary Councils where they were denied when inconvenient to the publike as well as granted when convenient 2. That no English or Norman Subjects were then obliged to aid and assist their Soveraigns with their persons arms estates or subsidies granted in any foreign invasive war but only left free to contribute what private assistance they thought fit in such cases 3. That no publike wars in that age were ever undertaken but by common advice and consent in great Parliamentary Councils 4. That the Kings of England in that age however they came to the Crown by right or wrong held it both their bounden duty interest safety to defend and preserve the Laws Rights Liberties of the Church and people to enact and maintain good Laws and abolish all evill Laws Rapines Exactions Tributes and to govern them justly according to their Coronation Oaths and not arbitrarily or tyrannically according to their pleasures 5. That no Freemen in that age could be justly imprisoned banished or put to death but for some hainous misdemeanors and that by a legal trial and conviction 6. That the Subjects of England then held it their bounden duties in times of forein invasion to defend the Realm their Lives Liberties Properties both by Land and Sea against forein Enemies yet they held themselves dis-obliged and were generally averse to defend the person or Title of any Usurper of the Crown against any forein Prince or other Person who had a better right and title to it 7. That our English Ancestors in that age esteemed their hereditary Liberties good antient Laws and Customs more dear and pretious to them than their very lives and would rather die fighting for their Laws and Liberties like freemen than live under slavery or bondage to any Soveraign whatsoever 8. That the Kings of England in that age could neither give away nor legally dispose of their Crowns Kingdoms or Crown Lands to others without the privity and free consent of their Nobles and Kingdom in general Parliamentary Council as is evident by Harolds answers to VVilliams Embassadours the recited passage of Matthew Paris upon that occasion and this of Samuel Daniel p. 34. So much was done either by King Edward or Harold though neither act if any such were was of power to prejudice the State or alter the course of right succession as gave the Duke a colour to claim the Crown by a donation made by Testament which being against the Law and Custom of the Kingdom could be of no validity