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

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of the Nobles and common Souldiers were so incensed that detesting the covetousness of their Prince they unanimously depar●ed from his service and refused to march wi●h him against the Normans This triumphant victory so puffed up Harold that he thought himself secure in the Throne beyond the fear or reach of any adversity and instead of a King became a TYRANT Whilst Harold with all his Land and Sea forces were thus bu●ied in the North of England Duke VVilliam in August assembled all his Land Army and Navy consisting of 900 ships at the Port of S. Valerie to invade England in the South then wholly destitute of all Guards by Land and Navy by Sea to resist his landing And to satisfie his Souldiers and all others of the justice of his undertaking he alleged these three causes thereof which Henry de Knyghton devides into four The first was to revenge the cruel murther of his Cousin Prince Alfred King Edmunds brother and of the Normans who came with him to assist him to recover the Crown of England to which he was right heir whom Godwin and his Sons had shamefully dishonoured treacherously betrayed and barbarously murdered which fact he ascribed principally to Harold The second was because Godwin and his Sons by their cunning had injuriously banished Robert Archbishop of Canterbury Earl Odo and all the French and Normans out of England which wrong he would revenge on Harold as done principally by his means and labour The third and chief ground was because Harold falling headlong into perjury had without any right usurped the Crown and Realm of England which of due belonged unto him both by right of Kinred to and gift by King Edward his Nephew and by Harolds own solemn Oath and promise made to him in Normandy to preserve the Kingdom for his use after King Edwards death without children according to King Edwards command While Duke William with his ships and Army lay many days together at S. Valerie expecting a fair gale for England the winds being cross many of the common souldiers there lying in Tents thus muttered one to another That the man was mad who would by force invade and make another mans Country and Realm his own That God did fight against them in withdrawing the winds That his Father attempted the same thing in the same manner and was hindered and inhibited therein That it was fatal to his family that aspiring to things above their power they should find God opposite to them These speeches bruted abroad which might enfeeble the strength and abate the courage even of valiant men The Duke thereupon taking Counsel with his Senators caused the Corps of St. Valerie to be brought forth to procure a wind presently a prosperous gale filling their sayles the Duke himself first took ship and launched forth and all the rest after him then casting Anchor till the Fleet came round about him they all sailing with a gentle course landed at Hastings and Pevemsy The Duke stepping forth of the ship upon the shore one of his feet slipped so that he fell down into the mud one of his hands being filled with sand whch he interpreted as an ill omen and sinister event But one of his Souldiers who stood next him lifting him up from his fall whiles he held the mud in his hand changed this event into a better interpretation saying Most happy Duke thou already possessest England and plowest it up Behold the land is in thy hand Lift up thy self with good hope thou shalt be King of England ere long No sooner was the Army landed but the King strictly charged them to forbear plu●dering and take no booties seeing they ought to spare the things that should be his own nor to wrong any of their persons who should ere long become his Subjects Richard Vestegan records out of a French Historian that Duke VVilliam the same day he landed in England caused divers of his chief Officers and Friends to dine with him and chancing at dinner to talk of an Astrologer who by the conjunction of the Planets had assured him at St. Valerie That Harold should never withstand him but submit himself unto him and yeeld him faith and homage willed now that the said Astrologer should be brought unto him whom he had caused to be imbarqued for that voyage But it was told him that the Ship wherein the said Astrologer sailed was cast away at Sea an● he drowned in it Whereunto the Duke replyed That man was not wise who had more regard ●o the good or ill fortune of another than unto his own I am now thanks be to God come over I know not how the rest will succeed How false this Star-gazers prediction proved the sequel will manifest Duke VVilliam after his arrival rested quietly 15. days without acting any thing as if he minded nothing less than war After which to cut off all occasion or hopes of return from his Souldie●s he fired all his ships or as some write drew them all a shore and intrenched them as others erecting only a Castle on the shore for a retiring place for his Souldiers if need were From Pevensy he marched to Hastings where he built another Fort. Henry de Knyghton records that the first night he lodged in England in his Pavillion there came a voice unto him saying William William be thou a good man because thou shalt obtain the Crown of the Realm and shalt be King of England and when thou shalt vanquish the enemy cause a Church to be built in the same place in my name so many hundred foot in length as in number of years the seed of thy bloud shall possess the Government of the Realm of England and reign in England an 150. years But Matthew Westminster writes this voice was after the battel with Harold not before it and the subsequent words in Knyghton touching his march to London import as much Harold residing in the North after his great victory there when he deemed all his Enemies totally broken in pieces received certain intelligence that Duke William was safely arived at Pevensey with his Fleet and an inn●merable company of valiant Horsemen Slingers Archers and Footmen whom he had hired out of all France Whereupon he presently marched with his army in great haste towards London and although he well knew that most of the valiant men in all England were slain in the two late Battels against Tosti and the Danes that many of the Nobility and Common Souldiers had quite deserted him refusing to march with him in that necssity because he permitted them not to share with him in the great booties they had won with their bloud and that half his Army w●re not come together● yet he resolved forthwith to march into Sussex against the Enemy and fight them with those small forces tired he then had being most of them Mercenaries and Stipendiaries except those English Noblemen Gentl●men and Freemen who
name of God That no Kings nor Bishops nor Princes neque ullius Tyrannicae potestatis Homines should diminish the honour of the Metropolitical See or presume to divide it in any particle whatsoever under pain of an Anathema Maranatha which Decree the Archbishop with 12 other Bishops subscribed and ratified with the sign of the Cross as they formerly did in the Council of Bechanceld An. 798. And in this Council divers controversies concerning the Lands Limits and Iurisdictions of other Bishops Bishopricks were likewise decided and setled as you may therein read at large Eadburga Daughter to King Offa married Brithrie King of the West-Saxons proud of her parentage and ma●ch she grew so ambitious ●●sole●t and Tyrannical that she becam● od●ous not only to all the Prelates Nobles and Courtiers but to the people l●kewise For being incited with malice and tyranny she usually accused and execrated to the King all the Nobles of the Realm Ordinaries Bishops and Religious persons and so overcame him by her flatteries that those whom she began to accuse aut vit● aut Regno privaret she would either deprive of Life or banish them the Realm and if she ●ould not obtain this from the King against them she accustomed to destroy them priv●ly wit● poison At last An. 802. She preparing poi●on to destroy a rich and noble Favourite of the Kings whom he extraordinarily lov'd so as she could not banish or destroy him by her false accusatio●s the King casually drinking of ●he Poison contrary to her intention as well as his Favourite they were both therewith suddenly poisoned and d●stroyed Wherewith this wicked woman being tetrified sled with all her invaluable Treasures b●yond the Seas to Charles the Great who for her Lasciviousness in making choice of his Son for her Husband before himself though much inamoured with her transcendent beauty thrust her into a Monastery where soon after she abusing her body by uncleaness in lying with a lewd man was expelled thence forced to beg her bread and ended her days in extreme misery A just judgement of God both upon a Tyrannical Queen and unrighteous King seduced to banish and condemn his Nobles and Subjects unjustly by her solicitations For this her most hainous crime the West-Saxons ordained a Law to the Grand prejudice o● all thei● succeeding Queens That none of them should have ei●●●r Title Majesty or place of Royalty or Queen No● 〈◊〉 West-Saxones Reginam vel juxta Regem 〈◊〉 ●●ginae appellatione insigniri patiuntur 〈…〉 Eadburg●e quae virum s●um Brithicum v●neno perdidit juxta Regem ●edens omnes Regni Nobiles accusare solebat quos accusare non po●uit potu eos venenifero necare consue●it Itaque pro Reginae maleficio omnes conjuraverunt quod nunquam se regnare permitterent qui in praedictis culpabilis inveniretur as William o● Malm●sbury Asserius Menevensis Matthew Westminster Florentius Wigorniensis and others out of them rel●te There was a Parliamentary Synod or Council held at Celiohi●h in the year 816. at which not only Wulfred Archbishop of Canterbury with all his Suffragan Bishops but likewise Kenulf king of Mercians with his Princes Dukes and Nobles and sundry Abbots Pri●sts Deacons and other sacred Orders were present wherein they enacted 11 Constitutions the 6th whereof was this in substance That the Iudgements and Decrees of Bishops made in Synods should not be infringed but remain firm and irrefragable being ratified with the sign of the holy Cross by the Kings and Nobles Subscriptions unless perchance the King or Princes deemed the subscriptions of their Antecessors of no force and feared not to re●●rm or cease from this error which shall rest and bring a Curse on them and their heirs The 7th That no Bishops Abbots or Abbesses shall alienate or part with the Lands writings and evidences of their Churches and Monasteries w●i●h they are intrusted to keep nisi rationabilis causa poposcit adjuvari contra invasionem famis Depraedationem Exercitus ad Libertatem obtinendam which causes they reputed reasonable In ●he year of our Lord 822. there was a Parliamentary Council assembled at Clovesho wherein Beornulph King of Mercians sate President at which Wu●fred Archbishop of Canterbury with the rest of the Bishops Abbots omniumque dignitatum Optimatibus Ecclesiasticarum scilicet saecularium personarum were present debating things both coneerning the benefit and regulation of the Church and defence and safety of the Realm the proper subjects of our present English Parliaments a● these words import Utilitatem necessitatem Ecclesiarum Monasterialisque vitae Regulam et observantiam stabilitatem quoque Regni pertractante● In this Parliamentary Council the Proceedings in 3 precedent Councils touching the Complain●s of the Archbishops of Canterbury of the Injuries done unto them in taking away the Lands of the Church by their Kings and Officers with the proceedings thereupon are at large recited which I shall here transcribe because generally unknown to most and best di●covering the proceedings of our antient Parliamentary Councils in Cases of this nature of any Council I have met with in that Age and those which next proceeded or succeeded it All the said persons in the said Council sitting down quietly together it was inquired by them quomodo quis cum Iustitia sit tractatus seu quis injustè sit spoliatus In what manner any one had been handled with justice or if any one had been unjustly spoiled Whereupon amids other things there acted and spoken it was shewed That Archbishop Wulfred by the mis-information and enmity and violence and avarice of king Kenulph had suffered many injuries and was most unjustly deprived of his just dominations as well by those things which were done unto him amongst us here in England as by those things which were brought against him to the See Apo●tolick by the procurement of the foresaid King Kenulph by which accusations and discords not only the fore-named Archbishop but also the whole English Nation for almost six years space was deprived of its primordial authority and of the Ministry of sacred Baptism Above all these things the said king Kenulph at a certain time with his Council coming to the City of London appointed a day with great indignation wherein the Archbishop should come unto him whither when he came the King commanded ●hat relinquishing all his goods h● should speedily depart out of England without hopes of returning any more neither by the command of our Lord the Pope neither by the i●treaties of the Emperour nor of any other person unless he would consent to his will in demising to him a farm of 300 Hides of Land called Leogene●ham and moreover would give to the said King one hundred and ●we●ty pounds in money This reconciliation the said Wul●red refusing long contradicted and when the ●ri●nds of the man of God and Nobles of the King who loved him very much perceived the rapacity and
erogavit and ●e●●●ng upon loca quaeque m●nita ●or●ed ●ing Alfred being so dis●ress●d ●hat he knew not what to do nor w●ither to turn himself to r●tire and save himsel● in the Isle Aethelingie for a sea●on ●ill recollecting his scattered Subj●cts and Forces together he vanquished Gi●hro and his Army in a set battel at Et●end●●e and then besieging him and his remaining forces ●5 dayes in a Castle to which they sled com●elled th●m by Famine and the Sword to make peace with ●im upon this Condition ut Regni et Regis infestationem perpetuo abjurarent That they should perp●tually abjure the infesting of the King and Realm and th●t they should ●u●n Christians which they accordingly performed Githro with 30 of the choicest men in his A●my being baptized at Alve 15 days after king Alfred being their Godfather and giving him the name of Aethelstane After which Alfred feasting him an● his Captains 12 days in his Court gave Githro Eastengland to inhabit wherein king Edmund reigned to be held of and under him Whereupon Githro and his Danes An. 879. leaving Cirencenster marched into the East parts of England which he divided amongst his Souldiers who then began to inhabit it by Alfreds donation U●on this accord or some time a●ter King Alfre and Gythro by the Common consent of their Great Councils and wise men made and enacted certain civil and Ecclesiastical Laws for the government of their People and Realms recorded in Bromton Lambert ● and Spelman where those who please may pernse them the Prologue and 2 first Laws whereof I shall only recite as both pertinent to my purpose and seasonable for our times much opposing the Magistrates coercive power in matters relating to God and Religion H●c est consili●m quod Alred●s Rex et Godrinus Rex eligerunt et condixerunt quando Angli e● Da● ad pacem et concordiam plenè convenerunt e● Sapientes et qui ●osteà successerunt saepiùs Hoc e●● assi ●●è renovantes in bonum semper adduxerunt Cap. 1. Inp●imis est ut unum Deum diligere velint et omni Paganismo sedulo renunciare et instituerunt secularem Iustitiam pro eo quod sciebant quod non poterant multos ali●èr castigare plures ve●ò Nolebant ad Dei cultum sicut deberent ali●è● Inclinari● et secularem emendationem instituerunt communem Christo et Regi ubicunque Recusabitur Lex Dei justè servari secundum dictionem Epis●opi Et hoc est primum edictum Ecclesiae Pax intra parietes suos ut Regis Handgri●h semper inconvulsa permaneat Cap. 2. Siquis Christanitatem suam malè mutat vel Paganismum veneretur verbis vel operibus reddat sic Weram sic Witam sic Lashlyte secundum quod factum sit that is Let him be fined and ransomed according to the quality of his off●nce This Noble King Alfred who fought no lesse than 46 bloody Battels with the Danes by Land and Sea for his Countries Liberties Although he was involved in perpetual Wars and Troubles wi●h the Danish Invaders all his daies as our Hi●●orians and this his Epitaph Demonstrates Nobilitas innata tibi probitatis Honorem Armipotens Alurede dedit Probitasque laborem Perpetuumque Labor nomen cui mixta dolori Gandia semper erant spes semper mixta timori Si modò victus erat ad crastina bella parabat Si modò victor erat ad crastina bella pavebat Cui vestes sudore jugi cui sica cruore Tincta jugi quantum sit onus regnare probarunt Non fuit immensi quisquam per climata mundi Cui tot in adversis vel respirare liceret Nec tamen aut ferro contritus ponere Ferrum Aut Gladio potuit vitae finisse Labores Iam post transactos Regni vitaeque Labores Christus ei sit vera quies sceptrumque perenne Yet these things are remarkable in him 1. That he most exactly and justly governed his people by and according to his and his Predecessors kn●wn Laws in the midst of all ●is Wars not by the harsh Laws of Conquest and the largest Sword 2. That he advanced Learning and all sorts of Learned Men erecting Schools of Learning and the famous University of Oxford which he founded or at least refounded when decayed in the heat of all his Wars and Troubles 3. That he was so far from spoyling the Church and Churchmen or any other his Subjects of their Lan●s Tithes or Revenues to maintain his perpetual Wars against the impious Pagan Danes who destroyed all Churches and Religious as well as other Houses where ever they came that he not only repared adorned endowed many old de●ayed Churches and Monasteries but likewise in the year ●88 he built two new Monasteries of his own at Ethelingei and Shafftesbury and endowed them with ample riches and possessions and by sundry Charters gave several Lands to the Churches of Durham Worcester and Canterbury Moreover he not only duly paid Tithes and other Duties to the Church himself but also by his Laws enjoyned all his Subjects under sundry mulcts justly to pay Tithes and Churchels to their Priests and Ministers with all other Duites and Oblations belonging to the Church for the maintenance of the Ministers and Gods worship together with Peterpence for the maintenance of the English School at Rome prohibiting all men to invade the Churches Rights and Possessions under severe penalties 4. That he equally divided all his annual Revenues into two equal parts The first moity was for Pious uses which he subdivided into three parts The first parcel he bestowed in Almes ●o relieve the poor both at home and in forein parts The second he bestowed on Religious Houses and Persons The third he gave towards the maintenance of Schools Scholars Doctors and learned Men of all sorts resorting to and liberally rewarded by him according to their merits The other moity was for civil uses which he likewise divided into 3 equal portions The first he gave unto his Souldiers whom he divided into 3 Squadrons The first Squadron which were Horse waited one month on him at his Court as his Life-guard whiles the other two were imployed in military expeditious in the Field And when their month expired they all returned from the wars and then another new Company succeeded them And when their Month was ended they returning to their Houses the other Company succeeded them And so they successively kept their monthly courses during all his Reign being one month in actual service and two months at home about their own affairs The second part he gave to his Workmen and Artificers of all sorts skilfull in all Worldly affairs The third part he gave to Strangers in Royal Gifts and Presents and that as well to the Rich as Poor Besides he had a very great Care Ne à Vicecomitibus et Ministris pauperes opprimere●tur et indebitis exactionibos gravarentur That the poor people should not be oppressed by Sheriffs
and other Officers nor bur●hened with unjust Exactions or Contributions Yea by his large A●mes and Gi●●s he ●ent to Rome ● he procured the English School to be fréed from all Taxes and Tributes by the Popes special Bull. And we never read he imposed the least publick Tax upon his Subjects during all his wars and Exigences by his own Regal Power upon any pretext of publick Necessity Danger Defence or Safety of the Realm against the Numerous Invading plundering Danish forces both by Sea and Land Which our late and present Aegyptian Tax-masters may do well to consider In the year of our Lord 894. this King Alfred and Guthurn the Dane gave to the Church of St. Cutbert in Durham all the Lands between Weor and Tyne for a perpetual Succession free from all Custome and secular Services with all Customes Saca and Socua and infaugtheof thereunto belonging with sundry other Privileges which they ordained to be perpetually observed Non solum Anglorum sed et Danorum consentiente et collaudante exercitu by the consent and approbation of the ARMY not only of the English but Danes also Has Leges haec Statuta which proves that it was done by a Parliamentary Counsell then held in both their Armies Quicunque quolibet nisu Infringere praesumpserint eos in perpetuum nisi emendaverint Gehennae Ignibus puniendos anathematizando Sententia omnium contradidit I pretermit the Welsh Synods held under the Bishops of Landaff during King Alfreds Reign as Sir Henry Spelman conjecture● in whom th● Reader may peruse them wherein the Bishop of Landaff and his Clergy excommunicated some of their petty Welsh Kings for Murder Perjury violating the Churches Patrimony and Injuring the Bishops family who upon their Repentance and Reconciliation gave all of them some parcels of Land to the Church of Landaff The rather because I conceive them fabulous there being no such form of Excommunication used in those daies as Sir Henry Spelman proves nor any such Episcopal Synods held in England under King Alfred himself The barbarous Danes having throughout all England with fire and sword utterly wasted and destroyed all Cities Towns Castles Monasteries Churches put most of the Bishops Abbots Clergy to the Sword and almost quite deleted the knowledge of Learning and Religion out of the whole Nation insomuch that there were very few spiritual persons on this side Humber who could either understand the Common prayers in the English tongue or translate any writing out of latine into English yea so few that there was not so much as one man on the South-side of the Thames that could do it till King Alfred after his Conquest of the Danes in the latter part of his Reign restored Learning and Religion ●gain by Degrees as this King himself records in expresse terms in his Epistle to Bishop Wulsug by way of Preface to his own Translation of Gregories Pastorals into the English Saxons Language King Alfred deceasing his Son Edward surnamed the Elder succeeding his Father in the year of Christ 901 thereupon Prince Aethelwald his Uncles Son aspiring to the Crown without the consent of the King and Nobles of the Realm seised upon Oxlie and Winburne whereupon King Edward marching with his Armie against him to Bath he fled from Winburne to the Danes in Northumberland for assistance who being glad thereof they all make him King and Prince over all their Kings and Captains Whereupon they invading Essex and Mercia King Ed. raised a great Army chased them into Northumberland and harrowed the whole Country to the Lakes of Northumberland where the Kentishmen remaining contrary to the Kings Command and Messengers sent to them after the retreat of the rest of the Army The Danish Army upon this advantage setting upon them they gallantly defending themselves slew their new King Aethelwald with King Eorit and sundry of their chief Commanders and many of their Souldiers though they lost the field This King and Edelfled his Sister Queen of Mercians to prevent the frequent eruptions plunders the Danes repaired many old ruinated Towns and built many new ones in convenient places which they replenished with Souldiers to protect the Inhabitants and repell the Enemies whereby the Common people we●e so incouraged and became such good Souldiers that if they heard of the Enemies approach they would fight and rout them Rege etiam Ducibus inconsultis in certamen ruerent eisque semper numero scientia praeliandi prae●●arent it a hostes contemp●ni militibus Regi risui erant as Malmesbury writes The Country people themselves sighting with the Danes at Ligetune put them to flight recovered all the prey they had taken● and likewise the Danes Horses as they likewise did in some other parts Amongst other places this King repaired the walls of Colchester put warlike men in it certum eis stipendium assignavit and assigned them a certain stipend as Mat● Westm. records neither he nor other our Historians making mention of assigned wages to any other Garrisons or Souldiers in that age At last the Danes in most places throughout England perceiving King Edwards power and wisdom submitted themselves unto him elected him for their King and Pat●on and swore homage and fealty to him as likewise did the Kings of Scotland Northumberland and Wales In the year of Grace 905. This King Edward assembled a Synod of the Senators of the English Nation as Malmesbury or a great Council of Bishops Abbots and faithfull people as Matthew Westminster and others s●ile it in the Province of the Gewisii which by reason of the Enemies incursions had been destitute of a Bishop for 7 years space Whereupon the King and Bishops in this Council taking good advice made this wholsom constitution That instead of 2 Bishops whereof one had his Sea at Winchester the other at Schireburn 5 Bishops should be created ne Grex Domini absque cura Pastorali luporum incursionibus quateretur Whereupon they in this Council elected 5 Bishops to wit Frithstan for Winchester Athelin for Schireburn Aedul●e for Wells Werstan for Crideton and Herstan for Cornwal assigning them their several Sees and Diocess and two other ●ishops ●or Dorchester and Cirencester all consecrated by Archbishop Plegmond at C●nterbury in one day Wil. of Malmesb. and some others write that this Council was summoned upon the Letter of Pope Formosus who excommunicated king Edward with all his Subjects for suffering the Bishopricks of Winton and Scireburn to be void for 7 years space together But this must needs be a great mistake since Pope Formosus was dead ten years before this Council and before these Bishopricks became void and his pretended Epistle to the Bishops of England makes no mention at all of the king as Sir Henry Spelman well observes In the year 906. king Edward made a Peace and firm agreement with the Danes of Northumberland and East-England at Intingford when as some think he and
his Predecessors and defrauded the Kingdom of them They adde hereunto that King Edrid had committed all his chief Houshold-stuff Plate Records and t●e Treasures of all the Realm with all the Magazines he had gotten to Dunstans custody and laid ●hem up in ●he Monastery at Glastonbury yea he committed his Kingdom body and Soul unto him So as all was wholly in Dunstans power who alone managed all the publick affairs of the Realm and exercised Regal Authority And when King Edred in his sicknesse demanded all his Housholdstuff Jewels Monies and Treasures from him Dunstan pretending to fetch them before he returned with them Dustan heard a voice as our Monkish Writers fable that Edred was dead in the Lord and thereupon detained them in his and his Monks custody being unwilling to part with them to young King Edwin his Successor whereupon he seised on them by force as of righ● belonging to him and expelled Dunstan with his Monks And so much the rather because Dunstan presumed most impudently and violently to rush into his Bed-chamber and pull him out forcibly thence on the very day of his Coronation contrary to all Christian and Princely ●odesty from the embraces of his beautifull and beloved Alfgina which some Monks and these Historians report to be his lawfull wife ●not his Concubine and not content therewith he excited Odo Archbishop of Canterbury publickly to divorce her from him some say for consanguinity only and others for other Reasons Whereupon the king betaking himself to his Concubines Odo suspended him from the Church excommunicated all his Concubines caused one of them whom the king best affected to be violently fetched out of the Court with armed Men branded her in the forehead with an hot Iron and then banished her into Ireland After which she returning into England Odo apprehended her the second time and cut off her Sinews at the Hock-bone All which intollerable Affronts so incensed Edwin that he banished and spoyled Dunstan with his Monks as aforesaid and threatned Odo with severe punishments none others in the Realm but these daring then to oppose him hereupon they formerly and then bearing the greatest sway by way of revenge and to preveut Edwins further fury against them stirred up the Mercians and Northumbrians to reject him and that in a tumultuous manner by force of Arme in which Uproar Edgar gained possession of half his Kingdom Matthew Parker and Sir Henry Spelman out of him subjoyns that by these civil dissentions raised between King Edwin and his Brother Edgar they much weakned the forces of the Realm in many set Battels fought between them till at last Edgar getting the better Convocato ad Branfordiam Regni concilio Fratris Edwini acta et decreta rescendit Assemblong a Council at Brandford he repealed all the Acts and Decrees of his Brother King Edwin restored to the Churches and Monasteries the Treasures he had taken from them recalled Dunstan from his former banishment and made him first Bishop of Worcester then of London and last of all of Canterbury Henry de Knyghton a Canon of the Abbey of Leicester relates out of the History of Leicester Abbey That Edwin being expulsed and shamefully thrust out of his kingdom for his evil life and exorbitant actions done against the Church the Monarchy of England continued void above a year Whereupon many murders and wickednesses were committed and infinite mischiefs happened amonst the people for want of Government until holy men both of the Clergy and People deeply affected therewith humbled themselves and uncessantly repented of their sins and prayed day and night to God that he would hear them and mercifully relieve them in so great necessity giving them such a King who might govern the Realm of England in such sort as might redound to the honour of God and profit of the Realm That God beholding their prayers from on high in the night silence this voice was heard from God That they should crown Edgar King though but then a youth who rejoyced with this Divine Oracle most likely by the Monks and Dunstans Legerdemain the Divine Oracle that uttered it speedily advanced Edgar to be King being but 16 years old and so he was elected and crowned King by a divine Oracle which never hapned to any King of England in former times Upon Edgars Coronation and Dunstans restitution An. 959. K. Edwin reigning in a decayed Estate living in little Esteem and wi●hout being desired for very grie● thereof as some write he died after he had for 4 years space Libidinosiè simul Tyrannicè lustfully and also Tyrannically depressed the Realm of England Others a●firm that he was deprived both of his Life and Kingdom by the Rebellion of his Subjects But his Monkish O●posi●es record that he was taken away by an untimely Death by Gods Iust Iudgement in the year of our Lord 959. Whereupon his Brother Edgar ab omni populo electus being elected king by all the people united the kingdom into one and obtained the intire Monarchy of the Realm the kings of Cumberland Scotland and Wales ● voluntarily submitting and doing homage to him without any effusion of blood or war King Edgar About the year of our Lord 963. contrived the death of Earl Ethelwald who as some Authors aver against his trust had cheated him of Elfrida only Daughter of Ordgarus Duke of Devonshire the Paragon of her Sex by disparaging her beauty to the king and marrying her to himself After which the king being extraordinarily ravished with the true reporr and sight of her transcendent beauty thereupon as Bromtons Chronicle relates statim post octo dies Rex Parliamentum suum apud Sarisberiam convocavit Ubi cunctis suis Proceribus congregatis de custodia terrae Northumbriae qualiter contra ingressum Danorum melius posset custodiri tractaverunt inter quos Ethelwolfus ad Custodiam Eboraci patriae adjacentis in illo erat Concilio deputatus A clear Evidence That Matters of defence against Common Enemies and Guardians of the Sea-coasts against the Danes Invasions were then debated and setled by the King and his Nobles in Parl. then usually summoned by our Kings for that end Hereupon Earl Ethelwolfe travelling through the Forrest of Werewell towards his new VVardship was there cruelly assaul●ed and murdered by some unknown armed per●ons there placed in ambuscado by the king as was commonly reported and as some relate by king Edgar himself who shot him through with an Arrow as they were there hunting together The slain Earls Bastard-Son being ●here present beholding his dead Corps the king demanded of him how such a hunting pleased him who answered very well my Lord and King for that which please●h you ought not to displease me which answer ●o pacified this kings swelling mind that he loved no person more entirely all his life than this Young man Tyrannici facti offensam in Patrem sedulitate Regiâ in filium allevans writes
Duke Leofsi was sent to the Danes ●ho coming to them importuned them that they would accept of a Stipend and Tribute They gladly embracing his Embassy condescended to his request and determined how much Tribute should be paid them for to keep the peace Whereupon ●oon after A Tribute of 24000 pounds was paid them pro bono Pacis for the good of Peace In this Assembly and Council as I conjecture King Ethelred informed his COUNSELLERS who instructed him both in divine and humane things with the sloathfulness negligence and vicious lives of the Secular Priests throughout England and by their advice thought meet to thrust them out and put Monks in their places to pour forth prayers and praises to God for him and his people in a due manner Whereupon he confirmed by his Charter the ejection of the Secular Priests out of Christs-Church in Canterbury and the introduction of Monks in their places and ratified all the lands and privileges formerly granted them exempting the Monastery and Lands thereof from all Secular services except Expeditione Pontium operatione et Arcium reparatione Beseeching and conjuring all his lawfull Successors Kings Bishops Earls and people that they should not be Ecclesiae Christi Praedones sed sitis Patrimonii Christi defensores seduli ut vita et gaudio aeternis cum omnibus Dei sanctis in aeternum fru●mini Which Charter was ratified by the Subscriptions of the King Archbishop Bishops Abbots and of several Aeldermen Nobles and Officers and the sign of the Cross. This year Duke Leofsi slaying Esric a Nobleman the Kings chief Provost was judicially banished the Realm by the King for this offence After this Peace made with the Danes Anno 1002. Emma ariving in England received both the Diadem and name of a Queen whereupon King Ethelred puffed up with pride seeing he could not drive out the Danes by force of arms contrived how to murder and destroy them all in one day by Treachery at unawares either by the sword or by fire because they endeavoured to deprive him and his Nobles both of their Lives and the Realm and to subject all England to their own Dominion The occasion time and manner of whose sudden universal Massacre is thus related by Mat. Westminster An. 1012. though acted An. 1002. as all accord and by Mr. Fox and others Huna General of King Ethelreds Militia a valiant warlike man who had taken upon him the managing of the affairs of the Realm under the King observing the insolency of the Danes who now after the peace made with them did so proudly Lord it through all England that they presumed to ravish the wives and daughters of Noblemen and every where to expose them to scorn by strength caused the English husbandmen to soyl and sow their land and doe all vile labor belonging to the House whiles they would sit idely at home holding their wives daughters and servants at their pleasure and when the husbandmen came home they should scarcely have of their own as his servants had So that the Dane had all at his will and fill faring of the best when the owner scarcely had his fill of the worst Thus the common people being of them oppressed were in such fear and dread that not only they were constrained to suffer them in their Doings but also glad to please them and called every one of them in the House where they had rule LORD DANE c. Hereupon Huna goeth to the King much perplexed and makes a lamentable complaint to him concerning these things Upon which the King being not a little moved by the Counsel of the same Huna sent Letters or Commissions unto all the coasts of the Realm commanding all and every of the Nation that on one day after to wit on the Feast of St. Brice the Bishop all the Danes throughout England should be put to death by a secret Massacre that so the whole Nation of the English might all jointly and at one tim● be freed from the Danish Oppression And so the Danes who by a firm covenant sworn unto by both sides a little before ought to have dwelt peaceably with the English were too opprobriously slain and the women with their children being dashed against the posts of the houses miserably powred out their souls When ●herefore the sentence of this decree was executed at the City of London without mercy many of the Danes fled to a certain Church in the City where all of them were slain without pity standing by the very Altars themselves Moreover that which aggravated the rage of this persecution was the death of Guimild Sister of King Swain slain in this manner in England she was lawfully maried to Count Palingers a Noble man of great power who going into England with her husband they both there received the faith of Christ and Sacrament of baptism this most prudent Virago being the mediatrix of the peace between the English and Danes gave her self with her husband and only son as Hostages to King Ethelred for the security of the peace she being delivered by the King to that most wicked Duke Edric to keep that Traytor within few days after commanded her husband with her son to be slain before her face with four spears and last of all commanded her to be beheaded She underwent death with a magnanimous minde without fear or change of countenance but yet confidently pronounced as she was dying That the shedding of her bloud would bring great detriment to England Henry Huntindon thus relates the story of this Massacre In the year 1002. Emma the Jewel of the Normans came into England and received both the Diadem and name of a Queen with which match King Ethelred being puffed up with pride bringing forth perfidiousness caused all the Danes who were with peace in England to be slain by clandestine Treason on one and the same day to wit on the feast of St. Brice concerning which wickedness we have heard in our infancy some honest old men say that the said King sent secret Letters into every City according to which the English on the same day and hour destroye● all the Danes either cutting off their heads without giving them warning with swords or taking an● burning them suddenly ●ogether with fire Vbi fuit videre miseriam dum quisque charissimos hospites quos etiam arctissima necessitudo dulciores effecerat cogeretur prodere et amplexus gladio deturbare writes Malmsbury The News of this bloudy Massacre of the Danes being brought into Denmark to King Swain by some Youths of the Dan●sh Nation who e●caped and fle● out of England in a ship moved him to tears Uocatisque cunctis Regni Principibus W●o calling all the Princes of his Realm together and relating the whole series of what was acted to them he diligently enquired of them what they would advise him to do Who all crying out together as with one mouth DECREED That the
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 O●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 ●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 ●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 ●ot being lamented nor desired by reason of his unwonted Taxes excesse and riot Yea so far were all ●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 o● 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 ●fter his death assembled together in a Great Council about the election of a New King Wherein OMNES ANGLORUM MAGNATES ad invic●m tractantes DE COMMVNI CONCILIO ET JURAMENTO STATUERUNT QUOD NUNQUAM TEMPORIBUS FUTURIS ALIQUIS DACUS SUPER EOS IN ANGLIA REGNARET hoc maxim● pro contemptibus quos Angli à Danis saepiu● acc●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 DA●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 encamp●d at Br●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 Ess●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 Sonn●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 Co●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 Dov●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 e●us licentia pacem regn● perturbaverat veniret ad eum die statuta s●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 tog●ther which Counsel being approved of and mes●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 i● 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 lif● 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 ●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 unanim●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 d●part out of England Godwin perceving that his souldiers deserted him some some ●or fear of the Kings Army and displeasure thereupon he and his wife G●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 so●n●s Harold and Leofric sailed by Bristol into Ireland Moreover the King put away his Q●een Ed●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 suspirant●bus sola sterteret in pluma Harolds Earldom and County w●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 men●io nulla facta inter eos fuit writes I●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 p●llaged the western parts of England ● infesting the shores with continual robberies carrying away rich booties
conquestis dicitur tamen quod beatus Edwardus eo quod haerede caruit Regnum legavit Willielim Bastardo Duci Normannorum Sed hoc robore asseruitur caruisse qui● hoc fecit in lecto Lethalf et sine Baronagii sui commnni consensu By all which Testimonies as likewise by the express relations of Mr. Cambden in his Britannia p. 144 145. Richard Verstegan his Restitution of decayed Antiquities Matthew Parker his Antiquitates Ecclesiae Britanniae p. 88. Mr. Seldens Review of his History of Tithes ● p. 482 483. it is apparent that King Edward whiles he was in Normandy before he was King upon Duke Williams repairing into England to him after he was King by several Messengers and Hostages sent to him in his old age and in his very death-bed appointed Duke William to be both his successor and heir to the Crown of England and that Harold either voluntarily as purposely sent by King Edward or craftily upon pretence he was sent by him to work his own enlargement and his Nephews or upon Williams motion to him voluntarily swore that he would faithfully preserve the Crown and Realm of England for him after King Edwards death who had appointed him to succeed him as his heir next kinsman by the mothers side and that he intended to dishinherit his Cosen Edgar Atheling of it though nex● heir to it by reason of his minority unfitness and indisposition both of body and minde to sway the Scepter of the Realm King Edward having finished his Abby of Westminster and endowed it with ample lands and privileges by three several Charters by the advice and assent of all his Bishops and Nobles as aforesaid Anno 1066 caused it to be solemnly consecrated on Innocents day with great solemnity but falling sick in the midst of these festival Solemnities of its dedication he betoo● himself to his bed where continuing speechlesse for two days space together on the third day giving a great groan and arising as it were from the dead he related to those then about him a Vision he had seen touching the State of England Namely that two religious Monks he had formerly known in Normandy dead many years before were sent unto him with this message declaring the Corruptions and Vices both of the Clergy Nobility Gentry and People of England and the judgements ready to fall upon them for the same Which Matthew Westminster thus relates Quoniam Primores Angliae Duces Episcopi Abbates non sunt Ministri Dei sed Diaboli tradidit Deus hoc regnum uno anno et die uno in manu inimic● Daemonesque terram hanc totam pervagabunt Abbot Ailred thus records it Impletum dicunt Anglorum nequitiam iniquita● consummata iram provocat accelerat vind●cta● Sacerdotes praevaricati sunt pactum Domini polluto pector● manibus iniquitatis sancta co●●rectant non Pastores sed Mercenarii exponunt lupis oves non protegunt lac lanam quaerunt non oves ut detrusos ad inferos mors pastores depascat et oves Sed et Principes terrae infideles Sociae surum PRAEDONES PATRIAE quibus nec Deus timori est NEC LEX HONORI quibus veritas oneri JUS CONTEMPTUI CRUDELITAS DELECTATIONI Itaque NEC SERVANT PRAELATI JUSTITIAM nec subditi disciplinam Et ecce Dominus gladium suum vibravit aroum suum tetendit et paravit illum ostende● deinc●ps populo hinc iram indignationē immissiones insuper per Angelos malos quibus traditi sunt anno uno di● uno igne simul et gladio puniendi The King groaning and sighing for this calamity that was ready to fall upon his people demanded of the Monks Whether if they repented of their sins upon his admonition to them God would not pardon them and remove his judgements as he did from the Ninivites They replied That God would by no means receive them into his favour because the heart of this people was hardned and their eyes blinded and their ears deafned that they would not hear reproof nor understand admonition nor be terrified with threatnings nor provoked with his late benefits The King thereupon demanded Whether God would be angry for ever Whe●her he would be any more intreated and when they might hope for a release of so great calamities To which they replyed That if a green tree cut in the midst and carried a great space from the stock could without any help reunite it self to the root and grow again and bring ●orth fruit then might the remission of such evils be hoped for The veritie of which Prophecy add our Historians the Englishmen experimentally felt namely That England should be an habitation of strangers and a Domination of Foreiners because a little space after scarce any Englishman was either a King a Duke Bishop or Abbot neither was there any hope also of the end of this mise●y King Edward after his relation of this V●sion to the Nobles and Prelates then about him yielded up the Ghost and died without issue on Epiphany Eve An. 1066. and was solemnly interred the next day in Westminster Abbey the royal line of the Saxon Kings ending in him which had continued from Cerdic the first King of the West-Saxons for 571. years without interru●tion except by some Danish Usurpers who for the Sins of the English reigned for some years over them with rigour and were soon cut off by death CHAPTER 6. Comprising the Historical Passages relating to the Parliamentary Councils Lawes Liberties Properties Rights Government of England Anno 1066. under the Short reign of the Usurper King Harold till the Coronation of King William the First falsly surnamed The Conquerour though never claiming the Crown by Conquest but Title KIng Edward deceasing without any issue of his body to succeed him refusing all carnal copulation with his Queen either out of a vowed virginity as most Historians conclude or out of a detestation of Earl Godwins Trayterous race quod Rex Religiosus de genere proditoris haeredes qui sibi succederent corrupto semine Regio nolue●rit procreari as Ingulphus Matthew W●stminster and others record thereby exposed the kingdom for a prey to the ambitious Pretenders aspiring after it Upon which consideration praesentiebant plures in ejus morte desolationem Patriae Plebis exterminium totius Angliae Nobilitatis excidium finem libertatis honoris ruinam as Abbot Ailred informs us The English Prelates and Nobles being then all assembled at Westminster to the solemn consecration of the Abbey were much perplexed and the generality of the people exceedingly grieved at his death For although he were Vir propter morum simplicitatem parum Imperio idoneus yet he was Deo devotus ideoque ab eo directus Denique eo regnante nullus tumultus domesticus qui non cito comprimeretur nullum bellum forinsecus omnia domi forisque quieta omnia tranquilla quod eo magis stupendum
at all For t●e Crown of England being held not as patrimonial but in succession by remotion which is a succeeding to anothers place it was not in the power of King Edward to collate the same by any dispositive and Testamentary Will the right descending to the next of blood only by the Laws and Custom of the Kingdom For the successor is not sa●d to be the Heir of the King but of the Kingdom which makes him so and cannot be put from it by any Act of his Predecessors 9. That the Nobilities Clergies and peoples free-Election hath been usually most endeavoured and sought a●ter by our Kings ●especially Intruders as their best and surest Title To these Legal I shall only subjoyn some Political and Theological Observations naturally flowing from the premised Histories of King Edward Harold and William not unsuitable to nor unseasonable for the most serious thoughts and saddest contemplations of the present age considering the revolutions and postures of our publike affairs 1. That it is very unsafe and perillous for Princes or States to intrust the Military and Civil power of the Realm in the hands of any one potent ambitious or covetous person who will be apt to abuse them to the peoples oppression the kingdoms perturbation and his Sovereigns affront or danger as is evident by Earl Godwin and his Sons 2. That devout pious soft-natured Princes are aptest to be abused and their people to be oppressed by evil Officers 3. That it is very dangerous and pernicious to heditary kingdoms for their King to die without any certain known and declared right Heirs or Successors to their Crowns yea an occasion of many wars and revolutions as is evident by King Edwards death without i●sue or declared right heir 4. That right heirs to Crowns who are of tender years weak judgement or impotent in Frien●s and Purse are easily and frequently put by their rights by bold active and powerfull Intruders as Edgar Atheling was both by Haro●d and William successively Yet this is remarkable in both these Invaders of his royal Right 1. That Harold who first dethroned him to make him some kind of recompence and please the Nobles of his party created Edgar Earl of Oxford and held him in special favour 2 ly That King Willam the first to whom he submitted himself and did homage and fealty used him very honourably and entertained him in his Court not only at first bu● even after he had twice taken up armes against him joyning first with the English Nobilitie then with the Danes and Scots against his interest For Edgar coming to him into Normandy Anno 1066. out of Scotland where he lived some years where nihil ad praesens commodi nihil ad futurum spei praeter quotidianam stipem nactus esset he not only pardoned his fore-past offences but magno donativo donatus est pluribusque annis in Curia manens Libram Argenti quotidie in stipendio accipiebat writes Malmesb. receiving a great dona●i●e from him and a pound of silver for a stipend every day and continuing many years in his Court. After which Anno 1089. He went into Apulia to the Holy wars by King Williams licence with 200 Souldiers and many Ships whence returning after the death of Robert son of Godwin and the loss of his best Souldiers he received many benefits from the Emperours both of Greece and Germany who endeavoured to retain him in their Courts for the greatness of his birth but he contemning all their proffers out of a desire to enjoy his Native Country returned into England and there lived all Kings Williams reign In the year 1091. Wil. Rufus going into Normandy to take it by force from his brother Robert deprived Edgar of the honour which his Brother with whom he sided had conferred upon him and banished him out of Normandy whereupon he went into Scotland where by his means a peace being made between VVilliam Rufus and Malcholm king of Scots he was again reconciled to Edgar by Earl Roberts means returned into England being in so great favour with the king that in the year 1097. He sent him into Scotland with an Army Ut in ea consobrinum suum Eadgarum Malcholmi Regis filium patruo suo Dufenoldo qui regnum invaserat expulso Regem constitueret Whence returning into England he lived there till after the reign of king Henry the first betaking himself in his old age to a retired life in the Country as Malmesbury thus records Angliam rediit ubi diverso fortunae ludioro rotatus nunc remotus tacitus canos suo in agro consumit Where most probably he died in peace since I find no mention of his death No less than 4 successive kings permitting this right heir to their Crowns to live both in their Courts and Kingdom of England in peace and security such wa● the Christian Generosity Charity and Piety of that age without reputing it High Treason for any to relieve or converse with him as the Charity of some Saints in this Iron age would have adjudged it had they lived in those times who have quite forgotten this Gospel Lesson of our Savior they then practised But I say unto you love your Enemies do good to those that hate you c. Wherefore if thine enemy hu●ger give him meat if he thirst give him drink c. B● not overcome of evil but overcome evil with goodness 5. That base carnal fears and cowardize oft cause both Prelates Nobles and People to desert their own best interest and lawfull Princes and to act vote and submit to meer unrighteous Usurpers against their primitive resolutions judgements Consciences as here in the case of Edgar and Rich. 3. since 6. That Generals puffed up with victorious successes and having the command of the Land and Sea Forces in their power are apt to aspire after the royal Crown and Soveraignty and forcibly to usurp it upon the next occasion● even with the disinheriting of the right heir and hazard of the whole Realm of which Harold is a most pregnant example 7. That ambitious aspirers after the royal Crown and Throne will make no conscience to violate all sacred and civil Oathes Obligations Contracts and find out any evasions to elude them rather than goe without them● or part with them when injuriously usurped ●y them and will adventure to crown themselves with their own hands than not wear the Diadem witnesse Harold 8. That Usurpers of Crowns without right though they Court the people with Coronation Oaths and fair promises of good Laws Liberty Immunity from all Taxes and Grievances yet usually prove the greatest Tyrants and Oppressors to them of all others as Harold and William in some sort did That Invaders of Crowns and Soveraign power without any right title or colour of Justice being once in possession will never part with them to those who have better right upon any verbal Treaties but rather
exhibuisset Which intimates that this King consulted with an assembly of his Nobles a-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 refu●ed many Bishopricks offered him by the King Tanquam ●endiculas Satanae ad animas evertendas 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 pugnare ●ro patria maximè contra Paganos licite quisque possit He esteeming the slaughter of such Pagan Enemies in defence ●f his Country lawfull and no murther nor maim King Aethelstan deceasing without i●●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 Con●cil year ranked amongst the Royal Palatines 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 steep 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 ●o Glastonbury and made him Abbot thereof Presently after Anla●fe 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 persidious and rebellious Northumberlanders who instantly revolted to him and elected him for the●r King Whereupon he marching Southward wi●h 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 Watlingstreet and Edmund all the Sou●hern part thereof during their joynt Lives and the Survivor of them enjoy the whole Realm after the others decease B●t Anlaffe soon after wasting the Church of St. Balter and burning Tivinagham with fire was presently seised on by Gods avenging Iudgement 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 digni●ied with a Pastoral staff who continuing all tog●ther in prayer fasting and consultation all the Lent did in this Welsh Pa●liament make and enact many Civil and Ecclesiastical Laws which they divided into 3 parts and books ●or 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 hom●nes quorum nullus potest per Legem impignora●e contra aliquod Iudicium Primus est Rex ubi non poterit secundum Legem in Lite stare coram judice ●uo agendo vel respondendo per dignitatem naturalem vel per dignitatem terrae ut Optimas vel alius So that by the Laws of those times nor 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 Iudgements against them in any Courts of Iustice seeing they had no Peers to be tryed by In the year 940 Reingwald or Reginald the Dane comming with a great Navy into Northumberland slew most of the best Inhabitants of that Realm or drove them out of it He likewise seized upon all the Lands of St. Cutbert and gave his Lands to two of ●is Souldiers one of them called Scula who afflicted the miserable Inhabitants with Grievous aud intollerable Tributes whence even unto this day the Yorkshire-men as often at they are compelled to pay Tributum Regale A Royal Tribute endeavour to impose a pecuniary Mulct on the Land which this Scula possessed for the easing of themselves Scilicet Legem deputant quod Paganus per Tyrannidem fecerat qui non legitimo Regi Anglorum sed barbaro et aliegenae Regis Anglorum hosti militabat Nec tamen quamvis multum in hoc Laboraverint Pravam Consuetudinem huc usque Sancto Cuthberto resistente Introducere potuerunt writes Simeon Dunelmensis The other part of those Lands one Onlasbald seised upon who was much more cruel and oppressive to all men than Scula extraordinarily vexing the Bishop Congregation and People of Saint Cutbert and particularly seising upon the Land belonging to the Bishoprick Whereupon the Bishop oft endeavouring by perswasion to draw him to God and entreating him to lay aside the obstinate rigor of his mind and refrain himself from the unlawfull Invasion of the Churches Lands else if he con●temned his admonitions God and St. Cutbert would severely avenge the Injuries done by him to them and others He with a diabolical mind contemning his admonitions and Threats swore by his Heathen Gods that he would from thenceforth be a more bitter Enemie towards St. Cuthbert and them all than ever he was before Whereupon the Bishop with all his Monks falling prostrare on the earth earnestly prayed to God and his holy Confessor to annul those proud Tyrants Threats who was then comming into the place where they were praying having one foot within the Door and the other without in which posture he stood there immovably fixed as if both his feet had been nayled being able neither to go out nor come in but standing immovable till being long thus tortured he there gave up his mi●erable soul in the place with which example all others being terrified would no further presume by any means to invade the Land nor any thing else belonging of right to the Church Anno 941. the Rebellious o Northumberlanders preferring disloyalty before the Fealty which they owed unto Magnificent Edmund King of England elected Anlaff King of the Nor●eyans for ●heir King Son to the former Anlaff who perishing suddenly for his Sacrilege as aforesaid he and Reginald the Son of Garthfrith after their Baptism breaking their faith and Agreement with King Edmu●d by invading his Dominions Edmund thereupon by force of Armes expelled them both out of the Realm of Northumberland and united it to his own kingdom and wrested Lincoln Nottingham Derby Leicester and Stamford out of the hands o● the Usurping insolent oppressing Danes with all Mercia subduing and reducing the
familiarissimus et postea cum Cnuto filio suo Conductus est ergo quidam maximus satellitum dicti Ducis Edrici nomine Normannus sanguine summe clarus filius videlicet Comitis Lefwini et Frater Leofrici nobilis Comitis Leicestriae dato sibi prout postulabat manerio de Badby ad terminum 100. annorum Ille dictum manerium acceptans tenere de Sancto Guthlaco per firmam in grano piperis per annum in festo S. Bartholomaei singulis annis persolvendo fideliter promittebat et se futurum procuratorem ac protectorem Monasterii contra omnes adversarios confecto inde chirographo obligabat Valuit illud Monasterio aliquanto tempore scilicet omnibus diebus vitae suae By which passages it is apparent what Taxes exaction● ●re●sures the Monasteries and others suffered both from King Ethelred his Captains and Officers on the one side and from the Danes on the other side and how they were enforced to hire and b●ibe great Souldiers and Courtiers by leases and monies to protect them from utter ruine Ioh● Speed affirms That the Clergy as backward as any denied to King Ethelred their assistance pleading their exemp●ions from warr and privileges of the Church when the land lay bleeding and deploring for help and scandalized all his other proceedings for dema●ding their aydes But this passage of Abbot Ingulphus so near that age out of the Register Books of Croyland whereof he was Abbot not long after proves they paid great annual contributions to the King and his Officers which consumed all their money plate Jewels Chalices and the very shrines of their Saints notwithstanding all Charters and exemptions And as for the Laity William of Malmsbury Radulphus Cistrensis Mr. Fox and others write That King Ethelred had such a condition that he would lightly dis-inherit Englishm●n of their lands and possessions and caused them to redeem the same with great sums of money and that he gave himself to polling of his Subjects and framed Trespasses for to gain their money and goods for that he paid great Tribute to the Danes yearly Whereby he lost the affections of the people who at last deserted him and submitted themselves to the Danish Invaders who usurped the Soveraign power and forced him out of England with his Queen and Children These Unrighteous Oppressions Dis-inherisons and Exactions of his were specially provided against by his Nobles Prelates and VVisemen in the Councils of Aenham and Habam forecited by special Laws and special excellent Prayers and Humiliations prescribed to be made to God to protect them from his judgements and the invading oppressing bloody Danes worthy perusal yet pretended necessities and VVar laid all those Laws asleep In the year of Christ 1013. the very next after the Englishmens dearest purchased Peace which the perfidious gold-thirsty Danes never really intended to observe King Swain by the sec●et instigation of Turkel the Dane whom King Ethelred unadvisedly hired to guard him with his Danish shi●s from forein Invasions who sent him this Message Angliam praeclaram esse patriam opimam sed Regem stertere illum Ven●re Vinoque studentem nihil minus quàm bellum cogitare Quapropter odiosum suis ridiculum alienis Duces invidos Provinciales infirmos primo stridore Lituorum proel●o cessuros arrived at Sandwich with a great Fleet and Army of Danes in the Mone●h of Iuly where resting themselves a few days he sailed round the East par● of England to the mouth of Humber and from thence into the River of Trent to Gainsborough where he quitted his ships intending to waste the Country Hereupon first of all Earl Uhtred the Northumbria●s with those of Lindesey presently without delay and after them the Freelingers with all the people in the Northern parts of Watlingstreet having no man to de●fend them yeelded themselves up to Swain without striking one stroke and establishing a peace with him ●hey gave him Hostages for their loyalty and swore Fealty to him as their Soveraign Whereupon he commanded them to provide horses and victuals for his Army which they did William Malmesbury observes that the Northumbrians thus unworthily submitted to Swan● his Government Non quod in eorum mentibus genuinus ille calor Dominorum impa●iens refrigueri● s●d quod Princeps eorum Uthredus primus exemplum defectionis dederit Whose example drew on all other parts Illis sub jugum missis coeteri quoque omnes ●opuli qui Angliam ab Aquilone inhabitant vectigal et obsides dederunt A very strange and sudden change conq●est without a blow Swain committing his Navy and Hostages to his son Cnute raised chosen Auxiliaries out of the English who submitted to him and then marched against the Southern Mercians Having passed Watlingstreet he by a publike Proclamation commanded his Soldiers to wast the Fields burn the Villages cut down the Woods and Orchards spoil the Churches kill all the Males that should come into their hands Old and Young without shewing them any mercy reserving only the Females to satisfie their lusts and to do all the mischiefs that possibly they could act Which they accordingly executed raging with beastly cruelty Marching to Oxford he gained it sooner than he imagined by surrender taking Hostages of them He posted thence to Winchester Where the Citizens extraordinarily terrified with the excessiveness of his cruelty immediately yeelded and made their peace with him they and the whole Country giving him such and so many hostages as he desired for his security and likewise swearing allegiance to him Only the Londoners defending their lawfull King within their walls shut the Gates against him From Winchester Swain marched with great glory and triumph to London endeavouring by all means either to take it by force or surprize it by fraud At his first arrival he lost many of his Souldiers who were drowned in the River of Thames through overmuch rashness because they would neither seek for Bridge nor ford to pass over it King Ethelred being then within the City and having no other refuge the Citizens closing their Gates manfully defended their lawfull King and City against the assailants Who encouraged with the hope of glory and great booty fiercely assaulted the City on all sides but were all most valiantly repulsed by the Citizens through the assistance of valiant Earl Turkel then within it the Danes sustaining great loss of men who were partly slain and partly drowned the Citizens not only repulsing them from the Walls but likewise ●allying forth and slaying them by heaps so that Swain himself was in danger to be slain had he not desperately ran through the midst of his Enemies and by flight escaped their swords Malmesbury thus writes of the Citizens Oppidani in mortem pro Libertate ruebant nullam sibi veniam futuram arbi●rantes● si Regem desererent quibus ipse vitam suam commiserat I●aque cum ●trinque ac●●ter ce●taretur Iustior causa victoriam habuit
siege and entred the City in manner of Triumph Cnute and Edric perceiving the valour and good success of Edmond conspired together to overcome him by Treason whom they could not vanquish by Armes for which end Edric before King Edmonds march to London as some or soon after as others relate feignedly revolted ●rom Cnute and submitted himself again to Edmond as his natural Lord and renewing his peace with him fraudently swore that he would continue faithfull to him only that he might betray him Edmond two days after he had chased the Danes from the siege of London pursuing his victory passed over the Thames at Brentford where though many of the English were drowned in passing over the River through their carelesness yet he there fought with the Danes the fourth or ●ather fifth time routed them and won the field After which Edmo●d by the advice of Edric marched again into West-Sex to raise a more numerous Army to supply those who were drowned and slain in this last battel Upon which advantage the Danes again returned to the siege at London invironing and fiercely assaulting it on every side but being valiantly repulsed by the Citizens they retired from thence to their ships and sailed into the River of Arewe where leaping out of their ships they● went about pillaging in Mercia killing all they met and burning the Villages returning to their ships with a great booty Another company of their foot sailing up the River of Meadway pillaged Kent their Horse marching thither by Land to meet them doing the like wasting all places with fire and sword King Edmond having in the mean time raised a strong Army out of all England passed over with them again at Brentford to fight the Danes and giving them battel near Oteford routed the whole Danish Army not able to endure his fierce charge and pursued them as far as Ilesford slaying many thousands of them in the pursute and had he followed the pursute further it was conceived that day had put an end to the war and Danes for ever But perfidious Duke Edric by his most wicked Counsel the worst ever given in England caused him to give over the chace Whereupon the ●lying Danes escaped into the Isle of Shepy Edmond returning into VVest-Sex to observe Cnutes motion he thereupon transported his forces into Kent who began to plunder and wast Mercia far worse than ever they had done before VVhereupon King Edmond marching with his Army against them gave them battel the sixt time at Esesdune or Assendune now Ashdune in Essex whereafter a long and bloody fight with equall valour and great loss on both sides King Edmond seeing the Danes to fight more valiantly than ever before leaving his place which usually was between the Dragon and Standard ran into the very front of the battel and breaking in like thunder u●on the Enemy brake their ranks pierced into the very midst of them and made way for others to follow him forcing the Danes to give back VVhich the ever traitero●s Edric perceiving ●led with the whole Squadron of Souldiers which he commanded unto Cnute as was formerly agreed between them whereupon the Danes becoming the stronger made an extraordinary slaughter of the E●glish as Matthew VVestminster and his followers s●ory Henry Huntindon relates That Edric seeing the Danes going to ruine cryed out to the English Army Fly O Englishmen ●ly Englishmen for Edmond is dead being not seen in his wonted place and crying out thus he and his Brigade first began the flight whereupon the whole Army of the English following them fled likewise VVigorniensis informs us that King Edmond before this battel riding about to every Company admonished and commanded them that be●ng mindfull of their pristine valour and victory they should defend themselves and the Realm from the avarice of the Danes being now to fight with those they had formerly conquered ●hat perfidious Duke Edric seeing the Danish army inclining to flight and the English about to gain the victory began to fly with the VVagesetensians and that part of the army which he commanded as he formerly promised to Cnute that circumventing his Lord King Edmond and the English army with deceits he gave the victorie to the Danes by his treacherie and by the consent of all our VVriters he here gave the greatest wound to the English Nobility and Nation that ever they rece●●●d in any former battel Duke Alfric Duke Godwin D●●e Ulfketel Duke Aethelward Ailward son of Duke Alke and all the flower of the English Nobility together with Eadnoth Bishop of Lincoln and Abbot VVulfius qui ad exorandum Deum pro milite bellum agente convenerunt with an infinite number of co●mon Souldiers being there slain in this fight and slight qui nunquam ante in uno praelio tantam cladem ab hostibus a●ceperunt Ibi Cnuto Regnum expugnavit ibi omne decus Anglorum occubuit ibi flos patriae totus emarcuit VVrites Malmesbury Cnute likewise on his side sustained an irreperable loss both of his Dukes and Nobles After this lamentable loss wherein so many Nobles fell Cnute marching to London in triumph took the Royal Scepters whence depar●ing into Glocestershire in pursute of Edmond who retreated almost alone to Glocester and there recruited his broken forces he wasted and pillaged the Country in his march King Edmond resolved to give him another battel in a place called Dierhurst where Edmond with his army being on the VVest-part of the River Severn and Cnute on the Eastside with his army both set in battel array ready manfully to encounter each other wicked Duke Edric magnatibus convocatis calling the Nobles of both parties together ●pake unto them as followeth as Matthew VVestminster and others accord before any incounter but Abbot Ethelred records that both Armies then fought a most bloudy bat●el for one whole day from morning to night an innumerable Company being slain on both sides without any Victory the night only causing them to re●ire ad similem ludum eundemque exitum die craestina reversuri Both Armies being wearied with this bloudy sport when they saw King Edmonds forces daily increasing and Cnutes company likewise augmented out of foreign parts by constant recruits which he caused to be sent from thence Uterque Exercitus Proceres ad colloquium cogunt both armies compel●ed their Nobles to a Conference where one of them being elder than the rest which others affirm to be Duke Edric requiring silence spake thus unto them as Abbot Ethelred records his words I desire O wise men in these our dangers to give advice who verily am in●eriour to you in wisdom but superiour to you in age as these gray hairs testify● and peradventure what wisdom hath not use hath taught me and what science hath denied experience hath conferred Many things verily we have seen and known many things moreover our Fathers have to●d us and not without cause we require audience that we may utter no doubtful senten●● of things
to be preserved and educ●ted Cnute having thus through the flattery perjury and treachery of the Euglish Prelates and Nobles ●ained the intire Monarchy of England● slew or banished all those perfidious English Sycophants temporizers who had the chiefest hand in this false testimony abjuration treacherous bloudy advice against the Saxon Royal Family ●y whose Cou●cel he slew or banishe● all the blood-royal of the Realm of England that so he migh● Iure Haereditario reserve and perpetuate the kingdom to his own Posterity by an hereditary right Duke Edric the principal of them for this and his other Treasons forementioned was deprived of his Dukedom of Mercia and exemplarily executed as a most perfidious Traytor by Cnutes command the first year of his reign and many of his Captains and followers were slain with him of which at large before Mor●●m Proditori● pro demeritis accepit laqueo suspensus et in Tamesin fluvium projectus Cum quo plurimis sattellitum suorum similiter occisis e●iam inter eos praecipuus et primus Normannus occisus est writes Abbot Ingulphus Turkell Duke of East-England and Hirc Duke of Northumberland were both banished the Realm Duke Norman and Bridric slain and a heavy Tax of 82 Thousand pounds besides 10000 pounds imposed on London alone imposed and levied on the whole Nation Quoniam igitur proprii sanguinis proditores adulantes Regi menti●i sun● in caput suum gladiu● eorum intravit in cor eorum et à Cnutho quem naturalibus Dominis praetulerunt confractus e●t arcus eoru● Cum 〈◊〉 Monarchiam Insulae faven●ibus illis ob●inui●●e● Omnes qui primi in illo fuere consilio exterminavit et q●o●quo● de regio Semine ●uperstites reperit vel regno repulit vel occidit as Abbot Ethelred records to pos●e●ity To which Henry Huntindon and Henr● de Knyghton subjo●n Posteà vero Rex justo Dei judicio dignam retributionem nequitiae Anglis reddidit Ipse namque Rex Cnu●e Edricum occidit quia timebat ab insidi●s ab eo aliquando circumveniri sicut Domini sui priores Ethelredus Edmondus frequenter sunt circumventi quorum diutina proditione alterum vexavit alterum interfecit add ●lorentius Wigorni●nsis Simeon Dunelmensis Roger de Hoveden and Radulphus de Diceto Turkellum exulavit Hirc fugere compulit Praeterea summos Procerum aggressus Normannum Ducem interfecit Edwi Adeling exterminavit Adelwoldum detruncavit Edwi Churleging exulavit Birdric ferro vita privavit Aethelwardus filius Agelmari Ducis et Brihtricus filius Alphegi Domnaniensis Satrapae sin● culpa interfecti sunt Fecit quoque per Angliam mirabilem Censum reddi scilicet 82. some write 72. mille librarum praeter undecies mille libri● quas Londinensis reddiderunt Dignum igitur exactorem Dominus Iustus Anglis imposuit for rejecting their own Hereditary Soveraign Line Radulphus Cestrensis englished by Trevisa Fabian and Grafton thus second them Also they swore that they would in all wise put off Edmonds kinn They trowed thereby to be great with the King afterward but it fared farr otherwise For many or the more part of them specially such as Canutus perceived were sworn be●ore to Edmond and his heirs he mistrusted and disdain●d ever after Therefore some of them were slain by Gods rightfull dome and some banished and exiled and put out of the land and some by Gods punishment died suddenly and came to a miserable end which other of our Historians likewise register I shall desire all such who are guilty of the like Treachery Flattery Practice or Advice against their lawfull Sovereigns royal Posterity advisedly to ponder this sad domestick President in their most retired Meditations for fear they incur the like divine retaliation by Gods rightful doom when and by whom they least ●uspect or fear it King Cnute thus quit of all King Edmonds Sons Brethren kinred and likewise of the greatest English Dukes and Nobles who might endanger his Life Crown and new-acquired Monarchy in the next place contrived how to secure his Empire against Prince Alfred and Edward Edmonds Bro●hers then in Normandy with Queen Emma their Mother and their Uncle Richard Duke of Normandy a person of great valour power and interest the only person likely to attempt their restitution to the kingdom and Crown of England For which end he by gifts Ambassies and fair promises procures Earl Richards consent to bestow his Sister Queen Emma upon him for his wife who ariving in England in July 1018. was presently maried to this Invader of her former Husbands kingdom his sons royal throne and murderer banisher dishinheriter of his and her royal Posterity whereby her Brother Duke Richards thoughts were wholly diverted from ayding his Nephews to recover their right in England Ex hinc cum C●utoni omnia pro voto cessissent timens Ne Haeres legitimus Regnum quod sibi de Iure debebatur a●●quando Normanica fretus vir●u●● Reposceret ●t Ducis sibi arctius colligaret affectum Emmam ●efuncti Regis relictam duxit uxorem Whereupon De illorum Elfredi Edwardi restitutione Richardū avunculum nihil egisse comperimus quia et sororem suam Emmam hosti et invasori nuptam collocav●t Ignores majori illius dedecore qui dederit a● f●minae quae conse● serat ut thalamo illius c●leret qui vi●um infestaverit filios effugaverit is Malmesbury his observation and censure thereupon Only their Uncle Robert attemp●ed their ●estitution Congregatis navibus et impositis militibus profectionem paravit subinde jactitans se pronepotes suos coronaturum et proculdudio fidem dictis explesset nisi quia ut à majoribus accepimus semper ●i ventus adversabatur eontrarius per occultum scilicet Dei judicium in cujus voluntate sunt potestates omnium regnorum Reliquiae navium multo tempore dissolutarum Rothomagi adhuc nostra aetate visebantur writes Malmsbury By this match with Queen Emma as Cnute took off Duke Richard from yielding any assistance to his Nephews in hopes his sister might have issue by him to inherit the Crown of E●gland it being agreed between them on the marriage that the issue of Cnute begotten on her should inherit the Crown so it much obliged the English to him and made them more willing to submit to his Government ut dum consuetae Dominae deferrent obsequium minus Danorum suspirarent Imperium the rather because they much honoured and affected her for her manifold vertues of which they had long former experience and likewise because they hoped it might be a meanes to restore Ethelreds issue by her to the Crown again in case she had no issue by Cnute to inherit it which in truth it effected by Gods providence contrary to Cnutes design After this mariage this politick Forein Intruder to establish his Monarchy over England endeavoured to reconcile the English to him by all other
disclaiming all Danish subjection that especially for the cont●mpts which the English had very often received from the Danes For if a Dane had met an Englishm●n upon any bridge the Englishman must not be so hardy to move a ●oot but stand st●ll till the Dane was passed qui●e over it And mor●over if the Englishmen had not bowed down their heads to doe reverence to the D●n●s they should presently have undergo●e great punishments and stripes Whereupon King Harde-Cnute being dead the English rising up against them drove all the Danes being then without a King and Captain● out of the Realm of England who speedily qu●tting the land never returned into it afterwards And here we may justly stand still a while and contemplate the admirable retaliating justice of God upon our Danish usurping Kings and their Posterity King Cnute as you heard before caused the temporizing English Bishops Nobles and Barons assembled in a Parliamentary Council against their oaths of allegiance to King Ethelred Edmund Ironside and their heirs no less then twice one after another to renounce cast off and abjure their regall Posterity to make them incapable of the Crowne of England and settle the inheritanc● of i● upon him and his Danish blood Anno 1016. and 1017. And now in little more then twenty years after all the English Prelates and Nobles assembled in Council of their own accords by a solemn Decree a●d Oath abjure renounce and eternally disinherit all the Danish blood-royall of the Crown of England and restore the Saxon English royall line to that soveraignty which they had formerly disclaimed such are the vicissitudes of divine ●ustice and providence worthy our observation in these wheeling times wherein we live when no man knoweth what changes of like nature one day or year may bring forth The English putting their Decree for cashiering all the Danes in execution turned the mout of all the Castles Forts Garrisons Cities Villages th●oughout England as well those of the Royall and Noble blood ● as the vulgar sort and forced them to depart the Realm as they had formerly banished the English Princes and Nobles Proc●re● igitur Anglorum jam DACORUM DOMINIO LIBERATI The Nobles therefore of Engl. being thus freed from the Danes dominion for so much of God of his mercy and providence who is the maker of heirs thought good after the wo●ull captivity of the English Nation to grant them some respite of deliverance in taking away the Danish Kings without any issue left behinde them who reigning here in England kept the English people in miserable subjection about the space of 28 years and from their first landing in the time of King Brictricus wasted and vexed this land for the space of 255 years their Tyranny now coming to an end by the death of Harde Cnute they thereupon assembling together in a great Council with a generall consent elected Prince Edward surnamed the Confessor the youngest and onely surviving son of King Ethelred for their King who ANNUENTE CLERO ET POPULO LONDONIIS IN REGEM ELIGITUR as Mat. Westminster relates whereupon Edward being then in Normandy where he had long lived in exile being a man of a gentle and soft spirit more appliable to other mens counsels then able to trust his own naturally so averse from all war bloodshed that he wished rather to continue all his life long in a private exiled estate then by war or blood to aspire to the Crown the Lords sent messengers to him to come over and take p●aceable possession of the Kingdome of England they having chosen him for their King advising him to bring with him as few Normans as he could and they would most faithfully establish him in the throne Edward though at first he much doubted what course to stear somewhat mistrusting the treachery and inconstancy of the fickle headed English yet at last upon the importunity of the messengers who informed him melius esse ut vivat gloriosus in Imperio quàm ignominiosus moria●ur in exili● JURE EI COMPETERE REGNUM aevo maturo laboribus defaecato scie●ti administrare principatum per aetaten● severè miserias Provinci●lium pro pristina aequitate temperare c. and upon putting in sufficient pledges and an oath given for his security he came into England with a small train of Normans where he was joyfully received by the Nobles and people Nec mora Giling●am or rather L●ndoniam ● CONGREGATO CONCILIO rationibus suis explicitis regem effecit Dominio palam ab omnibus da●o as Malmsbury or electus ●st in Regem ab omni populo as Huntindon and others expresse it After which on Easter day Apr 2. 1043. he was solemnly crowned King at Winchester with great pomp by Eadsi Arch-bishop of Canterbury by the unanimou● consent of the Archbishops Bishops Nobles Cle●gie and people of Engla●d to their great joy and content without the least opposition war or blood-shed after 25 yeares seclusion from the Crown by the Danish usurpers Our Historians generally record that Bryghtwold a Monk of Glastenbury afterwards first Bishop of Wilton when King Cnute had banished and almost extinguished th● whole royal issue of the English race almost p●st any possibility or probabi●ity of their restitution to the Crown which he had forcibly invaded by the sword on a certain night fell into a s●d deep contemplation of the forlorn condition of the royall Progeny of the English nation then almo●t quite deleted by the Danes and of the miserable condition of England under these forraign usurpers After which falling into a deep sleep he saw in a vision the Apostle S. Peter himself holding Prince Edward then an exile in Normandy by the hand and anointing him King in his sight who declared to him at large how holy this Edward should be that his reign should be peaceable and that it should continue for 23 years After which Bryghtwold being yet unsatisfied who should succed him and doubting of Edwards off-spring demanded of S. Pet●r who should succeed him whereunto S. Peter returned him this answer REGNUM ANGLIAE EST REGNUM DEI ET IPSE SIBI REGES or REGEM as some render it PROVIDEBIT The Realm of England is Gods Ki●gdome and he himself shall provide Kings or a King for himself according to his good pleasure Yea the golden legend of King Edwards life informs us THAT HE WAS CHOSEN KING OF ENGLAND BY CONSENT OF PARLIAMENT WHILES HE WAS YET IN HIS MOTHERS WOMB as well as after Hard●-Cnute's death Take the relation of it in Abbot Ailreds words and of Brig●twolds vision likewise Cum igitur gloriosus Rex Ethelredus ex filia praeclarissimi comitis Thoreti filium suscepisset Eadmundum cognomento Ferreumlatus ex Regina autem Emma Aluredum beatus Edvardus inter Viscera materna conclusus utrique praeferiur agente ●o qui omnia operatur secundum concilium voluntatis suae qui dominatur in
corroboratae consec●a●ae sunt prae caeteris regni legibus Leges Regis Edwardi quae quidem prius inventae constitutae ●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 ●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 ● 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 publish●d a Law full of discretion and justice which is called Mercian Law● 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 supe●added a Law written in the Saxon or English tongue by Ina King of West-Saxons to which Alfred King of the West-Saxons afterwar●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 Nott●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 H●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 London●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 Eadm●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 ●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 lef● 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