to be preserved and educâ—ted Cnute having thus through the flattery perjury and treachery of the Euglish Prelates and Nobles â—ained the intire Monarchy of Englandâ— 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 â—y whose Couâ—cel he slew or banisheâ— all the blood-royal of the Realm of England that so he mighâ— 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 Morâ—â—m Proditoriâ— pro demeritis accepit laqueo suspensus et in Tamesin fluvium projectus Cum quo plurimis sattellitum suorum similiter occisis eâ—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 mentiâ—i sunâ— in caput suum gladiuâ— eorum intravit in cor eorum et à Cnutho quem naturalibus Dominis praetulerunt confractus eâ—t arcus eoruâ— Cum 〈◊〉 Monarchiam Insulae favenâ—ibus illis obâ—inuiâ—â—eâ— Omnes qui primi in illo fuere consilio exterminavit et qâ—oâ—quoâ— de regio Semine â—uperstites reperit vel regno repulit vel occidit as Abbot Ethelred records to posâ—eâ—ity To which Henry Huntindon and Henrâ— de Knyghton subjoâ—n Posteà vero Rex justo Dei judicio dignam retributionem nequitiae Anglis reddidit Ipse namque Rex Cnuâ—e Edricum occidit quia timebat ab insidiâ—s ab eo aliquando circumveniri sicut Domini sui priores Ethelredus Edmondus frequenter sunt circumventi quorum diutina proditione alterum vexavit alterum interfecit add â—lorentius Wigorniâ—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 sinâ— culpa interfecti sunt Fecit quoque per Angliam mirabilem Censum reddi scilicet 82. some write 72. mille librarum praeter undecies mille libriâ— 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 beâ—ore to Edmond and his heirs he mistrusted and disdainâ—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 â—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 Broâ—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 Câ—utoni omnia pro voto cessissent timens Ne Haeres legitimus Regnum quod sibi de Iure debebatur aâ—â—quando Normanica fretus virâ—uâ—â— Reposceret â—t Ducis sibi arctius colligaret affectum Emmam â—efuncti Regis relictam duxit uxorem Whereupon De illorum Elfredi Edwardi restitutione RicharduÌ„ avunculum nihil egisse comperimus quia et sororem suam Emmam hosti et invasori nuptam collocavâ—t Ignores majori illius dedecore qui dederit aâ— fâ—minae quae conseâ— serat ut thalamo illius câ—leret qui viâ—um infestaverit filios effugaverit is Malmesbury his observation and censure thereupon Only their Uncle Robert attempâ—ed their â—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 â—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 Eâ—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
them on Guild-down and there seised upon Prince Alfred and retained him in close Prison when he was hastning towards London to conferr with King Harold as he had commanded And apprehending all his followers he ransacked some of them others of them he put in chains and afterwards put out their eyes some of them he tormented and punished by pulling off the skin from their heads and cutting off their hands and feet many of them he likewise commanded to be sold and slew 600 men of them at Gildeford with various and cruel deaths whose Souls are believed now to rejoyce with the Saints in Paradice seeing â—heir bodies were so cruelly slain in the fields without any fault which Queen Emma hearing of sent back her son Edward who remained with her with greatest haste into Normandy After which by the command of Earl Godwin and some others Prince Alfred being bound most straitly in chains was carried Prisoner to the Isle of Ely by ship where he no sooner arived but his eyes were most cruelly pulled out and so being led to the Monastery was delivered to the Monks to be kept where he soon after died and was there interred Some add that after Alfreds eyes were put out his belly was opened and one end of his bowels drawn out and fastened to a stake and his body pricked with sharp needles or poyneyards forced about till all his intrails were extracted in which most savage torture he ended his innocent life Ranulphus Cistrensis in his Polychronicon l. 6. c. 21. relates that Godwin used this strange cruelty towards those Normans that came over with Alfred whom he twice decimateâ— at Gildeford that he â—ipped up their bellies and fastned the ends of their guts to stakes that were reared and pyght in the ground and laid the bodies about the stakes till the last end of the guts came out The Author of the Book called Encomium Emmae and Speed out of him writes That Harold was no sooner established King but that he sought meanes how to rid Queen Emma secretly out of the way and maliciously purposing took counsel how he might train into his Hay the sons of Queen Emma that so all occasions of danger against him might at once for all be cut off Many projects propounded this lastly took effect that a Letter should be counterfeited in Queen Emma's name unto her sons Edward and Alfred â—o instigate them to attempt the Crown usurped by Harold against their right The Tenor of which Letter you may read in Speed This Letter being cunningly carried digested by Alfred as savoâ—ing of no falshood he returned answer he would come shortly over to attend his Mothers designs which Harold being informed of forelayes the coasts to apprehand him Upon his comming on shore in England Earl Godwin met him and binding his assurance with his corporal Oath became his Leige-man and guide to Queen Emma but being wrought firm for Harold treacherously led these Strangers a contrary way and lodging them at Guildford in several Companies there tithed and murthered them as aforesaid Henry Huntindon the Chroâ—icle of Bromton William Caxton in his Chronicle and another Historian mentioned by Mr. Fox record that this murther was after the death of King Harde-Cnute When the Earls and Barons of England by common assent and counsel sent into Normandy for these two Brethren Alfred and Edward intending to crown Alfred the elder Brother and to make him King of England and to this the Earls and Barons made their Oath But Earl Godwin of West-Sax sought to slay these two brethren so soon as they came into England to the intent he might make Harold his own son by Cnutes daughter or sister maried to him King as some of these affirm Others of them relate that he intended only to destroy Alfred being an Englishman by the Father but a Norman by the Mother whom he foresaw to be a person of such honour and courage that he would disdain to mary his daughter or to be swayed by him and then to mary his daughter Godith to Edward the younger Brother and to make him King as being of a more milde and simple disposition apt to be ruled by him Hereupon Godwin went to Southampton to meet with the two Brothers at their landing It fell out that the Messengers sent into Normandy found only Alfred there Edward being then gone into Hungarie to speak with his Cosen Edward the Outlaw Ironsides son When Alfred heard these Messengers tydings he thanked God and in all hast sped him to England ariving at Southampton with some of his Mothers kinred and many of his fellow-Souldiers of like age who were Normans Whereupon Godwin intimated to the Nobles of England That Alfred had brought over too great a company of Normans with him and had likewise promised the lands of the Englishmen to them and therefore it would not be safe to instirpate such a valiant and crafty Nation amongst them That these ought to undergoe exemplary punishment lest others by reason of their alliance to the King should presume to intrude themselves amongst the English And then posting to Southampton welcomed and received Alfred with much joy pretending to conduct him â—afe to London where the Barons waited for to make him King and expected his comming and so they passed forth together towards London But when they came to Guild-down Godwin said to Alfredâ— Lock round about thee on thy right hand and left and behold what a kingdom shall be subjugated to thy Dominion Upon which Alfred giving thanks to God presently promiâ—ed that if iâ— happened he should be crowned King He would constitute such Laws as should be pleasing and acceptable both to God and Man Which words were no sooner uttered but the Traytor Godwin commanded all his men to apprehend Alfred and to slay all the Normans that came with him in his company and after that to carry Alfred into the Isle of Ely and there to put out both his eys and to pull out his bowels which they accordingly executed as aforesaid And so died this innocent Alfâ—ed right heir to the Crown through the Treason of wicked Godwin When the Lords of England heard thereof and how Alfred that should have been their Kingâ— was put to deathâ— through the false Treason of Godwin against their wills 〈◊〉 were â—onderâ—ull sorrowâ—ull and wrâ—th and swore before God and Man that he should die a worser Death than did Edric which destroyed his Lord Edmond Ironside and would immediately have put him to death but that the Traytor fled and escaped into Denmark and there continued 4. yeares and more and lost all his Lands Rents Goods and Chattels in England confiscated in the mean time for this his Treason These Historians though they somewhat vary in the time and occasion of Prince Alfreds death yet they all agree in the substance of his and of his Norman Souldiers and Campanions treacherous barbarous murders by the joynt or separate
in the world who publickly imbraced professed countenanced propagated the faith and Gospel of Iesus Christ and abolished Pagan Idolatry in their Dominions And of later times as our English Realm brought forth King Henry the 8th the first Christian King in the world who by Acts of Parliament abolished the Popes usurped power and jurisdiction out of his Dominions King Edward the sixth his son the first Christian King and Queen Elizabeth the first Christian Queen we read of in the world who totally abolished suppressed Popery banished it their kingdoms and established the publike Profession of the Protestant Religion by publike Statutes made in their Parliaments So during the reigns of our Saxon Kings after they turned Christians this Realm of England procreated more devout holy pious just and righteous Kings eminent for their piety justice excellent Ecclesiastical and Civil Laws transcendent bounty to the Church Clergy and Martyrdom for the defence of Religion and their Country against Pagan Invaders than any one Kingdom throughout the World There being no less then 15 or 16 of our Saxon Kings and 13 Queens within 200 years space who out of piety devotion and contempt of the world according to the piety of that age out of date in this voluntarily renounced their earthly Crowns and Kingdomâ— and became professed Monks Nuns to obtain an incorruptible Crown and Kingdom in Heaven 12 Kings crowned with Martyrdom being slain by Pagan invaders 10 of them being canonized for transcendent Saints and enrolled for such in all Martyrologies Liturgies of the Church which I doubt few of our new Republican Saints will be Yea the piety of our Kings in that age was generally so surpassing Ut mirum tunc fuerat Regem non Sanctum videre as John Capgrave informs us Whence Wernerus a forein Chronologer in his Fasciculus temporum records Plures se invenisse sanctos Reges in Anglia quam in alia mundi Provincia quanâ—umcunque populosa And Abbot Ailred long before him gives this memorable testimony of the Sanctity Martyrdom Iustice and study of the peoples publike we al before the private shining forth in our Saxon Kings more than in any other kings throughout the world Verum prae cunctis civitatibus Regnisve terrarum de sanctitate Regum suorum Anglia gloriatur quorum alii coronati martyrio de terreno ad caeleste Regnum migraverunt alii exilium patriae praeferentes mori pro Christo peregre deligerunt nonnulli posito diademate disciplicinis se monasticis subdederunt quidam in justitia et sanctitate regnantes prodesse subditis quam praeesse maluerunt whose footsteps with the pretending self-denying antimonarchical domineâ—ring Saints over us would now imitate inter quos istud Sydus eximium gloriosus Rex Edwardus emicuit quem cernimus in divitiis egenum in deliciis sobrium in purpura humilem sub corona aurea seculi contemptorem So as the Prophesies of Psal. 72 2 6. Isay. 42 4 10 12. c. 49.1 23. c. 51 5. c. 60 9 10 11. c. 66.19 seem to be principally intended and verified of our Kings Isle above alâ—others in the world No wonder then that these ages of theirs afford us notwithstanding all the wars tumults combustions therein sundry memorable Presidents of great Parliamentary Councils Synods Civil and Ecclesiastical excelleut Laws aud Canons made in royal Charters confirmed by them with divers memorable Mouuments both of our Parliamentary Councils Kings Princes Nobles Peoples constant care diligence prudence fortitude in defending preserving vindicating and perpetuating to posterity the good old Laws Liberties Franchises Rights Customs Government publike justice and Propriety of the Nation to suppress abolish all ill Law tyrannical unjust Proceedings Oppressions Exactions Imposts Grievances Taxes repugnant thereunto to advance Religion Piety Learning the free course of Iustice and the peoples welfare Which I have here in a Chronological method for the most part faithfully collected out of our antientest best Historians and Antiquaries of all sorts where they ly confused scattered and many of them being almost quite buried in oblivion and so far forgotten that they were never so much as once remembred or inâ—isted on either in our late Parliaments aud Great Courts of Iustice in any late publike Arguments or Debates touching the violation or preservation of the fundamental Laws Liberties Properties Rights Franchises of the Nation now almost quite forgotten and trampled under foot after all our late contests for their defence I have throughout these Collections strictly confined my self to the very words and expressions of those Historians I cite coupling their relations together where they accord in one citing them severally where they vary and could not aptly be conjoyned transcribing their most pertinent passages in the language they penned them omitted by our vulgar English Chronologers and annexing some brief observations to them for Explanation or Information where there is occasion The whole undertaking I here humbly submit to the favourable acceptation and censure of every judicious Reader who if upon his perusal thereof shall esteem it worthy of such an Encomium as William Thorne a Monk of Canterbury hath by way of Prologue praefixed to his own Chronicle Valens labor laude dignus per quem ignota noscuntur occulta ad noticiam patescunt praeterita in lucem praesentia in experientiam futura temporibus non omittantur quia labilis est humana memoria necesse constat scriptis inseri memoranda ne humanae fragilitatis contingens oblivio fieret posteris inopinata confusio It will somewhat incourage me to proceed from these remote obscure times to ages next ensuing in the like or some other Chronological method But if any out of disaffection to the work or diversity from me in opinion shall deem these Collections useless or superfluous I hope they will give me leave to make the selfsame Apology for my self and them as our most judidious Historian William of Malmesbury long since made for himself and his Historical collections Et quidem erunt multi fortassis in diversis Regionibus Anglâ—ae qui quaedam aliter ac ego dixi se dicant audisse vel legisse Veruntamen si recto aguntur judicio non ideo me censorio expungent stilo Ego enim veram Legem secutus Historiae nihil unquam posui nisi quod à sidelibus relatoribus vel scriptoribus addidici Porro quoquo modo haec se habeant privatim ipse mihi sub ope Christi gratulor quod continuam Anglorum Historiam ordinaveram vel solus vel primus at least wise in this kind Si quis igitur post me scribendi de talibus munus attentaverit mihi debeat collectionis gratiam sibi habeat electionis materiam Quod superest munus meum dignanter suscipite ut gaudeam grato â—ognitoris arbitrio qui non erravi eligendi judicio Thus craving the Benefit of thy Prayers for Gods Blesâ—sing on these my
and other Officers nor burâ—hened with unjust Exactions or Contributions Yea by his large Aâ—mes and Giâ—â—s he â—ent to Rome â— 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 conjectureâ— in whom thâ— 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 â—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 weâ—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 praeâ—â—arent it a hostes contempâ—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 takenâ— 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 Matâ— 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 Patâ—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 sâ—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 Aedulâ—e for Wells Werstan for Crideton and Herstan for Cornwal assigning them their several Sees and Diocess and two other â—ishops â—or Dorchester and Cirencester all consecrated by Archbishop Plegmond at Câ—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-East-England at Intingford when as some think he and
bottom they were emptied by the Danes from their own vessels and their bottles broken that had vented their red and bloudy wines in lieu whereof the Lord gave them the cup of wrath whose dreggs he had formerly by their own hands wrung out upon other Nations For the Saxons that had enlarged their Kingdomes by the bloud of the Britons and built their nests high upon the Cedars of others as the Prophet speaketh Habbak 2. committed an evil covâ—tousness to their own habitations and were stricken by the same measure that they had measured to others when as the Danes often attempting the Lands invasion and the subversion of the Eâ—glish Estate made way with their Swords through all the Provinces of the Realm and lastly advanced the Crown upon their own helmets which they wore only for three Successions CHAP. IV. Comprising a Summary Collection of all the Parliamentary Great Councils Synods Historical Passages Proceedings Lawes relating to the Fundamental Liberties Franchisâ—s Rights Government of the People and other remarkables under our Danish Kings Cnute Harold and Harde-Cnute from the year of our Lord 1017. till the first year of King Edward the Confessor Anno 1042. With some brief Observations on the same IMmediately after the murder of King Edmond Ironside King Cnute the Dane Anno 1017. taking possession of the whole Realm of England was solemnly crowned King at London by Living Archbishop of Canterbury succeeding in the Realm of England Non successione haereditaria sed Armorum violentia as William Thorne observes Injuste quidem Regnum ingressus sed magna civilitate et fortitudine vâ—tam componens writes William of Malmsbury Whereupon the better to forâ—ifie his Military Title with a seeming publick Election by the Nobles and Nation in a Parliamentary Council and their open disclaimer and renunciation of any Right or Title either in King Edmonds Sons or Brethren to the English Crown to settle it in perpetuity on himself and his posterity he commanded all the Bishops Dukes Princes and Nobles of the English Nation to be assembled together at London in a Parliamentary Council Where when they were all met together in his presence he most craftily demanded of them as if he were ignorant Who were the Witnesses between him and Edmond Ironside when they made their agreement and division of the Kingdom between them What manner of conference there then was between him and Edmond concerning his Brethren and Sons Whether it was agreed that it should be lawfull for Edmonds Brethren or Children to reign in the kingdom of the West-Saxons after his death by any special reservation or agreement between them in case Edmond should die in his life-time Whom he had designed to be his Heir Whom he had appointed to be guardians to his Sons during their infancy And what he had commanded concerning his Brothers Alfred and Edward To which they all answering both falsly and flatteringly said That they did most certainly know King Edmond neither living nor dying had commended or given no part of his kingdom to his Brethren and they did likewise know that it was King Edmonds will that Cnute should be the Gardian and Protector of his Sons and of the Realm untill they were of age to reign calling God himself to witnesse the truth hereof O the strange temporizing falsity treachery perjury of men in all ages But though they thus called God to witness yet they gave a false testimony and fraudulently lyed preferring a lye before the truth being forgetfull of justice unmindfull of nature unjust witnesses rising up against Innocency and betrayers of their own bloud and Country when as they all well knew that Edmond had designed his Brethren to be his heirs and appointed them to be Guardians of his children thinking by this their false testimony to please King Cnute to make him more mild and gracious to them and that they should receive great rewards from him for the same After their answers to those Interrogatories to ingratiate themselves further with Cnute though they were sworn before to Edmond and his Heirs and were Native Englishmen yet they there all took a solemn â—ath of Allegiance to Cnute swearing to himâ— That they would and did chuse him for their King humbly obey him et Exercitui Uectigalia dare and would give Tribâ—tes to his Army And having received a pledge â—rom Cnutes naked hands with Oathes from the Princes and Nobles of the Danes Cnute reciprocal Oaths from them and all the people they ratified a mutual Covenant and League of Peace with reciprocal Oaths between both Nations reconciling and abandoning all publick enmities between them They likewise swore that they would cast off banish and wholly reject King Edmonds Brothers Sons and Family In pursuance whereof they there presently Fratres et filios Edmondi Regis omnino despexerunt â—osque Reges esse negaverunâ— unum autem ex ipsis praedictis Clitonibus Edwinum egregium et reverendissimum Edmundi Regis germanum Ibidem cum consilio pessimo exulem esse debere coustituerunt as Râ—ger de Hoveden Abbot Ethelred Wigorniâ—nsis and others at large record the Story The discord treacherous falshood disloyal proceedings of the English Nation then towards one another the English royal line is thus elegantly set forth by Abbot Ailred a lively Character of our age Externisque malis accessit civilis dâ—scordia adeò ut quis cui crederâ—t quis cui mentis suae secreta commitâ—eret nesciretur Plena erat proditoribus Insula nusquam tuta fides nuâ—quam â—ine â—uâ—piâ—â—one â—mor Sermo sine simulatione Tandem eousque Proditio Civilis et astuâ—ia Processit hostilis ut de 〈◊〉 Rege Magna pars Insâ—lae legitimis abdicatis haeredibus Cnutoni qui Regnum invaserat manus darent peremptoque iâ—victissimo Regâ— Edmundo paterni honoris simul â—t lâ—boris haerede etiam Filios ejus adâ—uc in cunis agentes barbaris miâ—terent occidendos King Cnute hearing this their palpable flattery and conâ—emptuous rejection of Edwin and the Saxon regal Line went joyfully into his Chamber and calling perfidious Duke Edric to him demanded of him how he might deceive Prince Edwin so as to have him murthered Who thereupon informed him how and by whom his murder might be accomplished by promised rewards of money and preferments which was accordingly effected soon after by Cnutes procurement and command This Edric likewise perswaded Cnute to slay Prince Edward and Edmond King Edmonds sons Whereupon Statuit Cnuto mirabiliter in animo suo omne genus Gentis Regni Anglorum perdere vel exilio perenni eliminare ut regnum Angliae filiis suis jure hâ—roditario râ—servare curaret writes Matthew Westminster p. 402. But because it might seem a great disgrace to him to murder these infant Princes in England he afterwards sent them over Sea to King Swane to slay them in Denmark who abhorring the fact instead thereof sent them to Solomon King of Hungary
or Orencester not Winchester the 4th year of his reign wherin by the Counsel of Queen Emma and of his Bishops and Barons he placed Monks in the Monasterie of Bederichesiorthe where St. Edmund was interred and endowed the Monastery of St. Edmond with so many farmes and other goods as made it one of the richest in all England as those Historians witness Whose Name and date the ignorant comâ—iler oâ— this Manuscript mistook whose Antiquitie and reputation is very suspiâ—ious as Sir Henry Spelman informs us First because Sir Henry could never gain the sight of it from Sir Edward Cook though he oft-times promised to lend it him to peruse for his satisfaction And that which dares not abide the sight and test of such a judicious learned Antiquary when desired may justly be deemed an Imposture 2ly Sir Henry Spelman conceives the Author of this Manuscript writ not before the end of King Henry the 3d if so soon seeing he calls the Great Council of the Realm so frequently a Parliament which Title was not given it in Manuscripts or Historians till the end of King Henry the 3d. or aâ—ter his reign And Wigorniensis Matthew Westminster Hoveden and Simeon Dunelmensis all stile it onely CONCILIUM not Parliamentum 3ly Because he certainly mistakes in his Chronology in making Aegelnoth Archbishop of Canterbury in the reign of King Hardecnute when as he died and Eadsi was made Archbishop thereof two years before Hardicnuâ—es reign which Eadsi crown'd him King as Matt. Westminster An. 1038. together with Matthew Parker and Godwin attest And therefore he might as grosly mistake in other things 4ly It appears by the recital it self that it was writ above 130 years at least after this Council under Cnute because it recites it preceeded the Decrees made so long after under Pope Eugenius An. 1150. 5ly The form of the Prologue Haec sunt Statuta c. coupled with ad suum convocans Parliamentum in suo publico Parliamento and aliis Episcopis ipsorum Suffraganeis prove it not to be written before King Edward the first his reign when such phrases came first in vse Sir Edward Cooke himself informing us in his Epistle that in Cnute his reign such State-Assemblies were stiled Uenerandum Concilium Sapientum sic enim apuâ— majores Parliamentum illud Latine redditur 6ly Becauâ—e it â—ubjoins cum quamplurimis gregarâ—s militibus ac cum populi multitudine copiosa as if â—hey had been personally present in this Parliamentary Council as well as the Archbishops Bishops Abbots Dukes and Nobles of which there is not one syllable in our four antient Historians which mention this Council at Cirencester Neither can these Gregarii milites be intended Knights of shires nor populi multitudine copiosa Commoners or Burgesses elected to serve in Parliament by and for the people as Sir Edward Cooke and others fancy there being no mâ—ntion of any such chosen Kngihâ—s of Counties Citizens Burgesses or Commons in that or succeeding ages till about the reign of King Hâ—nry the 3d. but only ordinary Souldiers and the Vulgar sort of people admitted to be present in the Council at the reading and passing of the Charter to St. Edmond as they are now admitted into the Lords House together with the Knights and Burgesses at the beginnings and ending of our Parliaments and upon publike Trials Conferences and Occasions at which times there are more common people ten to one usually present to see and hear what is acted who are no members then there are Members of the Commons House which never sate together with the Lords for ought appears much less in this Parliament as some confidently inferr â—rom this Spurious Aâ—tiquity which Sir Edward Cooke little versed in Antiquities and oft mistaken in them so much magnifies and insists on In the year of Christ 1021. King Cnute uppon occasions and offences taken by him banished Duke Turkell to whom he had formerly committed East England with Edgitha his wife and Hirc Duke of Northumberland out of England Turkell no sooner arived in Denmark but he was there slain by the Dukes of the Country by divine vengeance he being a chief inciter of the death of St. Alphege The English Danes An. 1022. in Colloquio apud Oxoniam celebrato de Legibus Regi Edwardi prâ—mitenendis coucorâ—es facti sunt Unde â—isdem Legibus jubente Rege Cnutone ab Anglica lingua in Latinam translatis tà m in Dania quà m in Angliaâ— propter earum aequitatem à Rege praefato observari jubentur as Mat. Westminster relates Anno 1022. So as he imposed no New Laws on them nor revived old but only by common consent in a Parliamentary Council both of English and Danes King Cnute in the year 1023. did so carefully endeavour to reform all things wherein himâ—elf or his Ancestors had offended as he seemed to wipe away Prioris Injustitiae Naevum the Blot of his former Injustice as well with God as with men And by the exhortation of Queen Emma studying to reconcile all the English to himself he bestowed many Gifts upon them et insuper bonas Leges omnibus et placentes promisit and moreover promised good and pleasing Lawes to all The best means to win and knit the peoples hearts Anno 1024. Cnute leading an Army of English and Danes against the Swedes whereof he lost many in the first battel the next day when he appointed again to fight with them Earl Godwin General of the Enlish Militia without King Cnutes privity resolved with his English forces alone to invade the Swedish Enemies in the night Whereupon using this Speech to his Souldiers ut pristinae gloriae memores robur suum oculis novi Domini assererent c. they alâ— valiantly assaulted the Enemies at unawares put them all to flight slew an innumerable multitude of them and compelled the Kings of that Nation Ulf and Eglaf to yield to terms of Peace Cnute preparing to fight very early the next morning thought the English had been either fled away or revoâ—ted to the Enemies but marching to the Enemies tents and finding nothing but the bloud and carcasses of those the English had slain he thereupon ever after had the English in great esteem who by this their Victory Comitatum Duci sibi laudem paraverunt writes Malmsbury Cnute returning joyfull of this Victory into England and bestowing an Earldom on Godwin for this Service In the year 1027. Cnute hearing that the Norwegians disesteemed Olaus their King by reason of his simplicity bribed his Nobles with great sums of gold and silver to reject Olaus and elect him for their King which they promising to do the next year he failed into Norwey with 50 ships thrust Olaus out of his kingdom by consent of his Nobles and subdued his Realm to himself wheâ—ce returning into England An. 1029. Hâ—conem Danicum Comitem quasi Legationis causa in Exilium misit
express Convenerunt apud Oxoniam ad Colloquium as Mat. Westm. or Placitum magnum as Huntindon and others stile it Proceres Regni Vt de novo Rege creando tractarent ibidem All the Nobles of the Realm assembled in a great Parliamentary Council or Court at Oxford that they might consult about the electiction of a New King which they would not have done had Harold been made King of England before by Cnute in his life time â— Leofric Earl of Chester and the rest of the Nobles on the Northside of the Thames with all the Danish Princes and Londoners who by conversing with the Danes amongst them were corrupted wiâ—h their vices and addicted to their party elected Harold Son of Cnute by his Concubine Algiva whom â—ome aver to be the son of a Tayler for their King But Godwin Earl of Kent with the Princes of the Western part of England contradicting them would rather have elected Harde-Cnute son of Cnute by Queen Emma or one of the Sons of King Eâ—helred and Emma then in Normandy After great strife and debate between the Nobles about the Election because Harold was there personally present but Harde-Cnute then in Denmark and Alfred and Edward in Normandy Harolds party prevailed against Earl Godwins qui tandem vi numero minor cessit violentiae Whereupon Harold was presently crowned King at Oxford by Elnothus Archbishop of Canterbury though at first he was very unwilling to perform that service For it is reported of him that he having the regal Scepter and Crown in his custody refused with an Oath to consecrate any other for King so long as Queen Emma her children were living for said she Cnute committed them to my trust and assurance and to them will I give my faith and allegiance This Scepter and Crown therefore I here lay down upon the Altar neither do I deny nor deliver them to you but I require by the Apostolick Authority all Bishops that none of them presume to take the same away neither that they consecrate him King therewith as for your self if you dare you may usurp that which I have committed to God on this Table Notwithstanding this great thunderclap being allayed with the showers of Golden promises of his just good and religious government intended though present experience manifested the contrary he was crowned by him Anno Anno. 1035. Henry Huntindon and others write That they elected him King only to keep the kingdom for his Brother Harde-Cnute then in Denmark Harold and the Nobles of West-Sex who opposed his election upon advice taken resolved that Qneen Emma wife of the deceased King should keep West-Sex and Winchester for the use of her Son Harde Cnute and that Earl Godwin should be their Captain in military affairs Roger Hoveden and others record That Harold being elected King by the consent of the major part of the Nobles of England obtained the royal dignity and began to reign quia justus haeres because he was a lawfull heir yet he reigned not so powerfully as Cnute quia justior haeres expectabatur Harde Cnutus because a juâ—ter heir Haâ—de Cnute was expected By reason of this disagreement amongst the Nobles to please both parties the kingdom of England was therupon divided by Lot Harold enjoying the Northern part thereof and Harde-Cnutes friends retaining the Southern part of it for his use No sooner was Harold crowned King but to secure himself the better in his Throne he presently posted to Winchester with his forces where tyrannically and forcibly taking away all the Treasures and goods which Cnute had left to Queen Emma his Mother-in-law he banished her out of England into Flanders some write she was thus banished by the secret Counsel and treachery of Earl Godwin whom she had made General of her forces for her preservation who proved unconstant and a Traytor to her and her children where in this her distresse she was honourably entertained by Earl Baldwin In the year 1036. Alfred eldest Son of King Ethelred comming over to claim his right in the Crown was with his Norman associates betrayed and murdered by the treachery of Earl Godwin of which I finde these several different relations in our Historians Matthew Westminster Ranulphus Cistrensis and others out of them record that Alfred being in Normandy and hearing of the death of Cnute came into England with 23. chosen ships full of Souldiers ut paternum regnum de Iure sibi debitum vel pacificè vel si necessitas cogeret armatorum praesidio obtineret that he might obtain his fathers kingdom of right due unto him either peaceably or if necessity compelled by force of arms Who ariving with his forces at Sandwich Port came as far as Canterbury When Godwin Earl of Kent knew of his comming he went to meet him and receiving him in his fidelity the very next night following compleated â—he part of the Traytor Iudas upon him and his fellow-Souldiers For after kisses of peace given and joyful banquets in the silence of the midnight when as Alfred and his companions had given their Members to sleep they were all taken unarmed in their beds suspecting no harm by a multitude of armed men rushing in upon them and their hands being tyed behind their backs they were compelled to sit down in order one by another Where sitting in this manner nine of them were always beheaded but the tenth dismissed and his life reserved for a â—ime These things were acted at Gildeford a royal Town But when it seemed to be Traitor Godwin that there were more yet remaining alive of them than was profitable he coÌ„manded them to be tithed over again as before and so very few of them remained alive But young Alfred every way worthy of royal honour he sent bound to the City of London to King Harold that therby he might find greater favor with him with those few of his followers who remained undecimated So soon as the King saw young Alfred he caused him â—o be sent to the Isle of Ely and there to have his eyes pulled out of the pain whereof he soon after died but he slew all his Souldiers too perniciously Florentius Wigorniensis Roger de Hoveden Simeou Dunelmensis Radulphus de Diceto Mr. Fox and others relate That the innocent Princes Alfred and Edward sons of King Ethelred came out of Normandy where they had long resided with their Uncle Richard into England accompanied with many Norman Souldiers transporâ—ed in a few ships to conferr with their Mother Emma â—hen residing at Winchester Which some potent men especially Earl Godwin â—s was reported took very unworthily and grievously because licet injustum â—sset although it were unjust they were more devoted to Harold than to Alfred Whereupou Harold perswaded King Harde-Cnute and the Lords not to suffer those Normans to be within the Realm for jeopardy but rather to punish them for example by which means he got authority to order the matter himself Wherefore he met
vix aliquis id possit persolvere Quapropter omnibus qui prius adventum ejus desiderabant magnopere factus est exosus summopere Anno 1041. Harde-Cnute King of England Huscarlas missit per omnes regni sui Provincias Or Ministros suos per omnes fines regni destinavit sent his Officers through all the Counties parts of the Realm to exact and collect the Tribute which he had imposed without sparing any and to furnish his Mariners with all necessaries from thence Two of which Oâ—ficers Faeder and Turstin exacting this Importable Tribute with great rigour and cruelty from the Inhabitants of the County and City of Worcester were thereupon tumultuously slain by them in a Monastery whither they fled for Sanctuary on the 4 th day of May. The King being very much incensed therewith sent Godwin with all the rest of the Earls of England and almost all his Officers and whole army thither â—o avenge their deaths commanding them to slay all the men if they could to pillage and burn the whole City and County who coming thither the 2. of November wasted the City and County for 4. dayes space but took or slew few of the City or County because they having notice of their coming fled all away to an Iland in the midst of Severn called Beverage which â—hey fortified and so long manfully defended against their Enemies til they had recovered their peace and obtained leave quietly to return to their homes Whereupon on the fifth day they burnt the City every one returning with great booties and thereupon the Kings wrath was pacified but his reputation much ecclipsed and the affections of the people lost by that cruelty and Tax Which it seems was imposed by his own arbitrary power without any Grant or common consent in a Parliamentary Council Unde cunctis qui prius ejus adventum optaverant in Angliam exosus effectus est writes Mat. Westminster Contumeliam famae amori suo detrimentum ingessit adds Malmsbury This whole Tribute amounted but to 32137 l. which came not to the moity of one Moneths Contribution or Excise in our dayes Iohn Speed and some others write That Earl Godwin devising how the Crown might be worn by him or his to separate the hearts of the Subjects from the Prince thaen which there can be no greater wound unto both caused the King to impose heavy Tributes upon the English only to pay the Danes in his Fléet appointing every common Souldier and Mariner to receive 8. Marks in money and every Officer and Master 12. amounting to the summ of 32147 l. for the payment whereof there was so great a grudge that two of his Collectors were slain by the Citizens of Worcester which caused their City to be burnt and part of the County to be spoiled by the Kings command and their Bishop Alfred expulsed the See til with money he had purchased his peace But observe Gods Justice on this Exactor and Tax-imposing King soon after his cruelty at Worcester as he was revelling and carrouzing amidst his cups at Lambheth at a solemn Mariage-feast between a Danish Lord and Gotha an English Lady he suddenly fell down dead to the ground without speech or breath â—ot being lamented nor desired by reason of his unwonted Taxes excesse and riot Yea so far were all â—orts from bewailing him that in regard of their freedom from the Danish yoak which they attained ever since among the Common people the 8. of Iune the very day of his death is annually celebrated with open pastimes in the street as the old Romans kept their Fugalia for chasing out their King which time is now called Hoc-tide or Herextide signifying a time of scorning or contempt which fell upon the Danes by his death when he had voluptuously and oppressingly reigned over the English not full two years wanting ten dayes thereof Now here take special notice of Gods exemplary justice upon King Cnute the Danish Usurper and Invader of other mens Crowns and Kingdoms by treachery bloud war treason the murders of Edmund Ironside Pr. Edwin and Alfred and exile of the Royal posterity His base Son Harold dispossessed his Legitimate Son Harde-Cnute of the Crown of England contrary to his will and contract banished and spoiled his own Queen Emma of her Treasure and Jewels oppressed the people with Taxes and was soon cut 〈◊〉 by death without any issue Harde-Cnute after his death digs up his Brother Harolds corps beheads and then throws it into the common sink Thames incurs Gods and his Peoples hatred by his Oppressions Taxes Luxurie and is taken away suddenly in the midst of his age without issue before he had reigned two years His Son Swane to whom he bequeathed the Kingdom of Norwey which he got by treachery bribery force and the expulsion murder oâ— their rightfull pious King Olaus was expelled both out of Norwey and Denmark too by Magnus the Sonne of Olaus the English Army sent by Harde-Cnute to re-establish him in the Kingdom of Norwey routed in the field and so forced home thence with dishonour leaving Magnus in possession not only of Norwey but Denmark which he conquered and made Tributary to him Thus were all his three Sons within 8 years space after Cnutes death quite stript of all their three Kingdoms acquired by war blood conquest treachery and the English and Norwegian royal lines restored to their rights and Crowns again What persons then in their right sences would impiously spend much treasure levied on the oppressed people by violence rapin uncessant Taxes Excises or shed much human Christian blood to purchase other mens Crowns Kingdoms which are not only full of cares and troubles but so unstable short and momentary in their fruition as is most evident by the Danish Intruders CHAP. V. Containing a Brief Historicall Collection of all the Parliamentary Councils State-Assemblies Historicall Passages and Proceedings that concern the Fundamentall Liberties Priviledges Rights Properties Laws and Government of the Nation under the reign of King Edward the Confessor from the year of our Lord 1042. to 1066. wherein he died KING Harde-Cnute being sodainly taken out of this world without issue by divine Justice on the 6 day of Iune Anno 1042. thereupon the Earls and Barons of England immediately â—fter his death assembled together in a Great Council about the election of a New King Wherein OMNES ANGLORUM MAGNATES ad invicâ—m tractantes DE COMMVNI CONCILIO ET JURAMENTO STATUERUNT QUOD NUNQUAM TEMPORIBUS FUTURIS ALIQUIS DACUS SUPER EOS IN ANGLIA REGNARET hoc maximâ— pro contemptibus quos Angli à Danis saepiuâ— accâ—perunt c. as the Chronicle of Bromton others informe us All the Nobles of the English treating together decreed by common advice which they ratified with an oath THAT IN TIMES TO COME NEVER ANY DAâ—E or person of the Danish blood SHOULD REIGN OR BE KING OVER THEM IN ENGLAND ANY MORE
disclaiming all Danish subjection that especially for the contâ—mpts which the English had very often received from the Danes For if a Dane had met an Englishmâ—n upon any bridge the Englishman must not be so hardy to move a â—oot but stand stâ—ll till the Dane was passed quiâ—e over it And morâ—over if the Englishmen had not bowed down their heads to doe reverence to the Dâ—nâ—s they should presently have undergoâ—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 Captainâ— out of the Realm of England who speedily quâ—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 inheritancâ— of iâ— 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 aâ—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 â—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 thâ—oughout England as well those of the Royall and Noble blood â— as the vulgar sort and forced them to depart the Realm as they had formerly banished the English Princes and Nobles Procâ—reâ— 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 woâ—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 pâ—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 quà m ignominiosus moriaâ—ur in exiliâ— JURE EI COMPETERE REGNUM aevo maturo laboribus defaecato scieâ—ti administrare principatum per aetatenâ— severè miserias Provinciâ—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 Gilingâ—am or rather Lâ—ndoniam â— CONGREGATO CONCILIO rationibus suis explicitis regem effecit Dominio palam ab omnibus daâ—o as Malmsbury or electus â—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 unanimouâ— consent of the Archbishops Bishops Nobles Cleâ—gie and people of Englaâ—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 thâ— whole royal issue of the English race almost pâ—st any possibility or probabiâ—ity of their restitution to the Crown which he had forcibly invaded by the sword on a certain night fell into a sâ—d deep contemplation of the forlorn condition of the royall Progeny of the English nation then almoâ—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. Petâ—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 Kiâ—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 Hardâ—-Cnute's death Take the relation of it in Abbot Ailreds words and of Brigâ—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 â—o qui omnia operatur secundum concilium voluntatis suae qui dominatur in
act without their seeking as he did here restore Prince Edward after 25 years interruption and Aurelius Ambrosius long before to the British Crown to omit all others 6. That Crowns invaded ravished by force of armes and bloodshed are seldome long or peaceably enjoyed by the usurpers themselves or their posterity that of Curtius being an experimentall truth Non est diuâ—turna possessio in quam gladio inducimur All which we find experimentally verified in this History of King Edward his election and restitution to the Crown of England worthy our special observation King Edw. coming to the Crown was not onely very charitable to the poor humble mercifull and just towards all men but also PLURES Lâ—GES BONAS IN ANGLIA STATUIT quae pro majore paâ—te adhuc in regno tenerentur Whereupon about the year 1043. as the Chronâ—cle of Brompton William Caxton in his Chronicle and Mr. Selden inform us Earl Godwin a fugitive in Denmark for the murther of prince Alfred hearing of his piety and mercy resolved to return into England humbly to implore his mercy and grace that he might have his lands again that were confiscated having provided all things for his voyage he put to sea and arrived in Englanâ— and then posted to London UBI REX ET OMNES MAGNATES AD PARLIAMENTUM TUM FUERUNT Where the King and all the Nobles were then at a parliament here he beseeched intreated his friends kindred who were the greatest Lords of the land after the King that they would study to procure to him the Kings Grace and friendship who having thereupon taken deliberate counsel among themselves led him with them before the King to seek his Grace But so soon as the King saw him he presently appealed him of TREASON of the death of Alfred his brother and using these words unto him said THOU TRAITOUR GODVVIN â— THEE APPEAL FOR THE DEATH OF ALFRED MY BROTHER WHOM THOU HAST TRAITâ—ROUSLY SLAIN To whom Godwin excusing himself answered My Lord and King saving your Revereâ—câ— and Grace Peace Lordship I never betrayed nor yeâ— slew your Brother unde super hoc pono me IN CONSIDERATIONE CURIAE VESTRAE whence I put my sâ—lf upon the consideration and judgement of your Courâ— concerning this matter Then said the King KARISSIMI DOMINI COMITES ET BARONES TERRAE c. Most dear Lords Earls and Barons of the land who are my Liege-men now here assembled you have heard both my appeale and Godwins answer Volo quod inter Nos in iâ—ta appellatione RECTUM JUDICIUM DECERNATIS ET DEBITAM JUSTITIAM FACIATIS I will that between us in this appeale you award right Iudgement and do due Iusticâ— COMITIBUS VERO ET BARONIBUS SUPER HOC AD INVICEM TRACTANTIBUS Hereupon the Earls and Barons debating upon this businesse among themselves some among thâ—m were different in their opinions from others in doing just judgemâ—nt herein For some said that Godwin was never obliged to the King so Bromton to Alfred writes Caxâ—on by homage service or fealty and therefore HE WAS NOT HIS TRAITOUR and that he had not slain Alfred with his own hands But others said Quod Comes nec Baro nec aliquis Regi subditus BELLUM CONTRA REGEM IN APPELLATIONE SUA DE LEGE POTâ—ST VADIARE That neither the Earl nor any Baron nor any Subject to the King could by the Law wage Battel against the King in his Appeal but ought wholy to put himself in his mercy and to offer him competent amends Then Leofric Earl of Chester or Coventry as Caxton a good man towards God and the world spake and said The Earl Godwin after the King is a man of the best parentage of all England and he cannot deny but that BY HIS COUNCEL Alfred thâ— Kings Brother was slain wherefore I award as touching my parâ— that himself and his son and every of us DUODECIM COMITES the twelve Earls who are his friends and kinsmen shâ—uld go humbly before the King laden with as much gold and silver as every of us can carry between his arms offering that to him for his trespasse and submissively deprâ—cating that he woulâ— pardon all his rancour and ill-will to the Earle and receiving his homage and fealâ—y he would restore and redeliver his lands intirely to himâ— Vnto which award THEY ALL ACCORDING they all laded themselves with treasure in the manner aforesaid and gâ—ing to the King declared unto him the order and mannâ—r of their JUDGEMENT or AVVARD QUORUM CONSIDERATIONI REX CONTRADICERE NOLENS QUICQUID JUDICAVERANT PER OMNIA RATIâ—ICAVIT The King not willing to contradict them in any thing thâ—y had judged ratified the same in all things An agreement therefore being made between thâ—m in this manner the Earl presently regained all his lands The generality of our Historians as Bromâ—on confesseth deny that Godwin ever fled into Dâ—nmark or left England for the murder of Alfred they generally affâ—rming that he purged himself thereof though falsly CORAM PROCERIBUS before the Nobles in the reign of Harde-Cnute swearing with his compurgators that he never consented to his death NISI REGIA VI COACTUS but through compulsion by royall violence Recording likewise that after the death of King Harde-Cnute Prince Edward was called out of Normandy and elected King principally by the help and counsel of Earle Godwin himself who as Malmesbuâ—y and others write perswaded him to accept the Crown and precontracted with him before hâ— came into England Paciscatur ergo sibi amicitiam solidam filiis honores integros filiae matrimonium brevi futurum ut se Regem videat qui nunc vitae naufragus exul spei alterius opem implorat Utrinque fide data quicquid petebatur sacramento firmavit If there were then any such Parliament as this then held at London and such proceedings in it concerning Godwin it was most probably in the year 1043â— as I here place it And from these memorable proceedings in it we may observe 1. That there is mention onely of the King Earls and Barons present in this Parliament as members of it not of any Knights of shires Citizens or Burgesses elected by the people of which there is not one syllable 2. That the Earls and Barons in Parliament were the onely judges in that age in Parliament between the King and his Nobles subjects both in criminal and other causes there decided 3. That Peers in that age were onely tryed and judged by their Peers for treason and capitall offences 4. That appeals of Treason were then tryed in Parliament and the Earls and Barons the sole Judges of them and of what offences were Treason and what not 5. That the Bishops and Clergy in that age had no votes in matters of Treason and capitall offences 6. That the Judgement of Parliament then reâ—ted properly in the Earls and Barons not the King and that their judgement was not repealable by but obligatory to the
King himself 7. That no Subject could then by law wage battel against the King in an Appeal 8. That the murther of Prince Alfred then heir to the Crown in the time of Harold an actuall King by usurpation without any good title by his command was reputed a treasonable offence in Earl Godwin for which he forfeited his lands and was forced to purchase his pardon and lands restitution with a great fine and summe to the King 9. That though the Author of the Chronicle of Bromton Caxton out of him â—tâ—le this Assembly PARLIAMENTUM a Parliament not a COUNCIL yet it is onely according to the style of the age wherein he writ being in the reign of King Edward the third as Mr. Selden proves not according to the dialect of the age wherein it was held to which the term Parliamentum was a meer stranger and CONCILIUM MAGNUM c. the usual name expressing such Assemblies King Edward Anno 1643. immediately after his Coronation came suddenly from Glocester to Winchester attended with Earl Godwin Siward and Leofric and by their advice forcibly took from his Mother Queen Emma all her gold silver jewels and precious stones and whatever rich things else she possessed commanding onely necessaries to be administred to her there The cause of which unjust act some affirm to be Godwins malice towards her others affirm it to be her unnaturalnesse to King Ethelred her first husband and her own sons by him Alfred and Edward In loving and marrying Cnute their enemy and supplanter when living and applauding him when dead more then Ethelred In advancing Harde-Cnute her â—on by him to the Crown and endeavouring to deprive Alfred Edward thereof In refusing to give any thing toward Prince Edw his maintenance whiles in exâ—le and distresse although he oft requested her to supply his necessities In having some hand in the murther of Prince Alfred and endeavouring to poyson King Edward himself as the Chronicle of Bromton relates After which by the instigation of Robert Archbishop of Canterbury a Norman born he againe spoiled her of all she had and shut her up prisoner in the Abbey of Werwel upon suspition of incontinency with Alwin Bishop of Winchester from which false imputation she purged her self and the Bishop by passing barefoot over nine red hot ploughshares without any harm Whereupon the King craved mercy and pardon from her for the infamy and injury done unto her for which he was disciplined and whipped by his Mother and all the Bishops there present Anno 1044. There was GENERALE CONCILIUM CELEBRATUN a General Council held at London wherein Wolmâ—r was elected Abbot of Evesham And this year King Edward DE COMMUNI CONCIDIO PROCERUM SUORUM as Bromton and others write moâ—t likely when assembled in the Council at London married Edith daughter of Earl Godwin in patrocinium regni sui he being the moâ—t potent man in all the Realm there being in her breast a magazine of all liberall vertues And this same year most probable by this same Councils Edict Gunilda a noble Matron King Câ—ute's sisters daughter with her two sons Hemming and Thurkell were banished out of England into Flanders from whence after a little stay they departed into Denmark King Edward in the year 1045. assembled together to the port of Sandwich a very numerous and strong Navy against Magnus King of Norway purposing to invade Engl. But Swane King of Denmark then warring upon him hindered his voyage for Englaâ—d The next year 1046. Osgodus Clapa was banished out of England Swanâ— King of Denmark Anno 1047. sent Ambassadours to King Edward desiring him to send a Navy to him agaiâ—st Magnus King of Norway Hereupon Earl Godwin counselled the King to send him at least fifty ships furnished with souldiers Sed quia Leofrico comiti ET OMNI POPULO id non vidâ—batur consilium CAETERI PROCERES DISSUASERUNT nullum ei mittere voluit But because that Council seemed not good to Earl Leofric and all the people and the rest of the Nobles disswaded him from it he would send no ships to him Magnus furnished with a great Navy fought with Swane and after a great slaughter on both sides expelled him out of Denmark reigned in it and compelled the Danes to pay him a great Tribute Harold Harvager King of Norwey Anno 1048. sent Ambassadours to King Edward offering peace and friendship to him which he embraced Also Swane King of Denmark sent other Ambassadours to him this year requesting a naval assiâ—tance of ships from him But although Earl Godwin was willing that at least fifty ships should be sent him yet none were sent because Earl Leofric OMNISQUE POPULUS UNO ORE CONTRADIXERUNT and all the people contradicted it with one voice Abbot Ingulphus records That Wulgat Abbot of S. Pâ—ga whose Abbey was quite destroyed and burnt to the ground by the Danes had a long suit in the Kings Court with three Abbots of Burgh concerning the seat of his Abbey especially with Abbot Leofric with whom he most strongly contended Sed Regis curia nimium fav â—nte potentiori contra pauperem sententiante tandem sedem monasterii sui perdidit Tanta fuit Abbatis Leofrici pecunia tanta Comitis Godwini potentia which he thus repeats Illo in tempore venerabilis Pater Wulgatus Abbas Pegelandiae diutissimam calumniam passus ab Abbatibus Burgi Elfrico Arwino Leofrico Abbatiae suae sedem amittens tandem succubuit proâ— nefas totum situm monasterii sui JUDICIO REGALIS CURIAE PERDIDIT Tantum tunc potuit super Iustitiam pecunia contra veritatem versutia in CURIA regis Hardecnuti Godwini potentia After which he addes that in the year 1048. when the said Abbot Wulgat having lost the site of his Monastery had laid the foundation of a new Monastery in his Manor of Northburt next adjoyning to the old intending to translate his Abbey thither and diligently laboured to reedifie a Church Dormitory with other claustral offices there being assisted with the alms of many believers Fernoâ—us a K t. L d. of Bosworth openly shewd out of the Abbots own writings that the said Manour of Northburt was given by his progenitors to the Monastery of S. Pâ—ga and to the Monks there serving God whence by consequence he alâ—edged That seeing Abbot Wulgat and his Monks did not serve God and S. Pega from thâ—t time forwards in that place where the old Monastery stood that they ought not from henceforth to enjoy the said Manour Acceptatum est hoc A REGIS JUSTITIARIO ET CONFESTIM ADjUDICATUM EST dictum manerium de Northburt cum omnibus suis pertinentiis praedicto militi Fernoto tanquam jus suum haereditariuÌ„ de monachis ecclesiae sanctae Pegae alienatuÌ„ perpetuo sublatum Quod tum per universum Regnum citius â—uisset cognitum scilicet Abbatum de Peikirk
prius amisisse monastâ—rium suum consequenter manâ—rium ad monasterium quondam pertinens similiter Edmerus miles dominus de Holbrok calumniam movâ—t contra eundem Abbatem monachos suos de manerio suo de Maksey Horsingus de Wathe calumniatus est pro Manerio suo de Badingâ—oÌ„ Siwardus Comes de Manerio suo de Bernack Hugolonus Thesaurarius de Manerio de Helieston alii plures de allis mane iis dicto Monasterio dudum pertinentibu omnes eadem ratione in dicta causa contra Monachos obtinuerunt tam de maneriis quam de Monasterio suo dictus Abbas de Peibec ac Monachi sui nequiter crudâ—liter ejecâ—i sunt ut nunquam alicui veniat damnum solum Cum itaque Abbas Wulgatus conventus suus Monachi scilâ—cet c sic de Monasterio destituti vagabundi in proximo dispergendi in â—mnem ventum pro extrâ—ma miseria fluâ—â—uarent misertus eorum piissimus Râ—x Edwardus Omnes in suam curiam suscepit uâ—quequo eis provideret suam capellam ac aulam quotiâ—ie frequentare imperavit The Abbot of Croyland dying soon after and his pastorall staff by which he was invested being presented by the Prior and two Monks to King Edward the King thereupon immediately invested Wulgatus in the Regiment of the Monastery of Croyland by the delivery of the Pastorall staff unto him seconded with his Charter of donation without any election by the Covent Inter praecipua Monasteria tunc magno nomine praedicabatur Croilandia tot tanta in tempore Danicae Tribulationis in Regis curiam semper manu promptissima effuderat donaria ET TRIBUTA A multis itaque annis retroactis NULLA ELECTIO PRAELATORUM ERAT MERE LIBERA ET CANONICA SED OMNES DIGNITATES TAM EPISCOPORUM QUAM ABBATUM PER ANNULUM ET BACULUM Râ—GIS CURIA PRO SUA COMPLACENTIA CONFEREBAT These proceedings and judgements against the Abbot Monks of S. Pega and Peikirk were the occasion as I conceive of this passage in William of Malmesb. touching King Edwards reign Fuerunt tamâ—n nonnulla quae gloriam tempoâ—um deturbarent Monasteria tunc monachis viduata PRAVA JUDICIA A PRAVIS HOMINIBUS COMMISSA c. Sed harum rerum invidiam amatores ipsum ita extenuare conantur Monasteriorum destructio PERVERSITAS JUDICIORUM non ejus scientia sed per Godwini filiorumque ejus sunt commissa violâ—ntiam qui regis indulgentiam videbanâ— postea tâ—men ad eum delata acriter eorum exilio vindicata To which may be referred that story of Walter Mapaeus in Mr. Cambdens Britannia p. 374.375 of Earl Godwins thrusting the Abbesse of Berkley and her Nunnes out of the Monastery of Berkley which he begged of King Edward by this wile He caused a young Nephew of his feigning himself sick to lie so long in the Nunnery tâ—ll he left the Abbesse and all her Nunnes great with child and then complaining of proving this their incontinency before the King ejected the Abbesse and Nunnes and gained the Nunnerâ— and Manour of Berkley to himself worth 500l revenue Together with this Godwins cheating the Archbishop of Canterbury of his Manour of Boseam in Sussex by a wily word-trap and equivocation recorded by the same authors King Edward Anno 1049. was so deeply affected and ravished with Gods extraordinary mercy towards him in preserving him like another Ioash from the cruelty of the bloody Danes and restoring him beyond expectation to the Crown of England without his seeking or the least effusion of blood after sundry years dispossession by the Danish Intruders that thereupon he vowed a solemn pilgrimage to Rome there to render humble thanks and gifts to God for this signall mercy For diligently having prepared great summes of money to defray his expences with many rich presents he assembled all the Nobles and Prelates of the Realm in a Parliamentary Council acquainting them with this his vow and intended pilgrimage and craving their advice how the Realme might be justly governed preserved in peace and defended in his absence till his returne from Rome Upon which the Nobles after serious consultation considering the great inconveniences and perils that might beâ—all the kingdome by his absence being but newly setled and the manifold dangers that might happen to him in so long a journey and what new troubles and mishaps might befall the Realm if he should miscarry in the way having no issue would by no meanes permit him to undertake this pilgrimage but disswaded hâ—m from it and by common consent at last agreed to send solemn Ambassadours from the King and them to the Popâ— to râ—present the incâ—nveniences and perils that might befall the Realm by his absâ—nce from it and thereupon to procure a dispensation from this his vow and pilgrimage Which the Ambassadours accordingly representing the Pope thereupon dispensed with the Kings vow upoâ— this condition and firme injunction that the King should distâ—ibute to the poore all the expences he had provided for his journey and should eiâ—her build a new or repaire an old Monastery in honour of S. Peter the Prince of the Apostles and endow it with sufficient revenues to maintain the Monks confiâ—ming by his Apostolicall Authority all the lands or revenues which the King or any other should conferre upon that Monastery and whatever priviledges he would think fit to grant thereunto pertaining to the honour of God and denouncing an eternall malediction against the infringers of them The Ambassadours returning with this dispensation St. Peter revealed to one Vlsin a Monk and Anchorite that his will was that the place called Westminster then lying ruinous shâ—uld be restorâ—d which vision when he had related to the King and his Couâ—cil REX TOTIUS REGNI CONSILIO The King by the advice of the whole Realmâ— assembled in a parliamentary council rebuilt the foresaid place and endowed and enlarged it with very ample possessions rents and liberties The passages of this story being very memorable and pertinent to my discourse I shall present you with them at large in the words of Abbot Ailred who thus records them Succedentibus prosperis Rex beatus nequâ—quam sui sponsionis est oblitus nec in die bonorum immemor â—uit malorum Sed cogitans recogitans quanta sibi fecerit Dominus qui ditavit egenum sublimavit humilem inglorium coronavit parat reddere vota quae distrinxerunt labia ejus Parat sumptus separat donaria VOCATISQUE TOTIUS REGNI PRIMATIBUS habuit cum eis hujusmodi vel DE STATU REGNI vel DE SUA PEREGRINATIONE SERMONEM Benedictus Dius qui magnificavit misericâ—rdiam suam facere nobiscum qui visitavit in virga iniquitates nostras in verberibus peccata nostra pietatem suam non amovit à nobis Ecce quomodo deposuit potentes exaltavit humiles quomodo esurienâ—es implevit bonis divites
Danicos solidarios imposuerat as Brompton renders it in another place Roger de Hunedon Annalium pars 1. p. 441. Rodolphus de Diceto Abbreviatione Chronicorum col 145. â—â—e the same words Ailredus Abbas Rievallis de vita miraculis Edwardi Confessori Col. 383. thus relates it Insuper Tributum illud gravissimum quod tempore patris sui primo classi Danicae pendebâ—tur Postmodum vero fisco regio Annis singulis inferâ—batur regia liberalitate remisit et ab onere hoc importabili in perpetuum Angliam absolvit Vnde sancto huic regi non inconvenienter aptatur quod scriptum est Bâ—â—tus vir qui inventus sine macula qui post aurum non abiit nec speravit in pecuniae thesauris Post aurum non abiit quod potius dâ—spersit nec speravit in thesauris quos in Dei opere non tam minuit quam consumpsit Matthew Westminster records it in these words Anno gratiae 1051. Rex Edwardus A vectigali gravissimo Anglos absolvit quod patre vivente Danicis stipendâ—ariis Triginto octo millia librarum solvi consuevit Henry de Knighton De eventibus Angliae l. 1. c. 9. fol. 233 1â— and Higden in his Polychronicon lib. 6. c. 24. f. 254. thus relate it Rex Edvardus absolvit Anglos a Gravi Tributo quod paâ—ur ejus Ethelredus Danicis solidariis solvi fecerat jam per 40. annos duraverat which Fabian in his Cronicle part 8. c. 210. p. 282. Graâ—ton in his Cronicle p. 170. Speed in his History p. 410. Holinshâ—ad and others thus expresse This King Enward discharged English men of the great and most heavy Tribute called Danegeld which his Father Ethelred had made them pay to the Souldiers of Denmark and had then dured 40. years So that after that day it was no more gathered Abbot Iuguphus Historiae pag. 897. thus records it more at large Eodem etiam Anno 1051. cum terra non daret solitâ fertilitate fructus suos sed fames plurimos habitatores devoraret in tantum ut bladuum carentia panis inopia multa hominum millia morierentur miserecordiâ motus super populum piâ—ssimus Rex Edwardus Tributum gravisimum quod Danigelo dicebatur omni Angliae in perpetuum relaxavit Ferunt quidam regem sanctissimum cum dictum DANIGELD cublcularii sui collectum in regis cameram infudissent ad videndum tanti Thesauri cumulum ipsum adduxissent ad primum aspectum exhorruisse protestantem Se daemonem super acervum pecuniae saltantem nimio gaudio exultantem prospexisse unde pristinis possessoribus jussit statim reddere de tam fera exactione ne jota unum voluit retinere quin in perpetuum remisit anno scilicet 38. ex quo tempore Regis Ethelredi patris sui Suanus Rex Danorum suo exercitui illud solvi singulis annis imperavit This History of the Devils dancing upon this Mony is thus more fully related by Roger de Honeden Annaliâ—m pars prior pag. 447. Item de eodem Rege Edvardo quadam die contigit quod cum praedistus Rex Anglorum Edwardus Regninâ comite Haraldo deducentibus aerarium suum intravit ut pecuniam videret magnam quam Regina Comes Haraldus Rege ipso nesciente colligissent ad opus Regis scilicet per singulos comitatus totius Angliae de unaquaque hida terrae quatuor denarios ut Rex inde contra natale Domini pannos emeret ad opus militum servientium suorum cumque Rex intrasset aerarium suum comitantibus Regnia Comite Haraldo videt diabolum sedentem inter Denarios illos ait illi Rex quid hic facis cui daemon respondit custodio hic pecuniam meam dixit Rex conjuro te per Patrem Filium Spiritum sanctum ut indices mihi Quamobrem pecunia ista tua est respondens dixit ei daemon Quia injuste accquisita est de substantia pauperum Illi autem qui illum comitabantur stabant stupefacti audientes quidem illos loquentes neminem autem videntes praeter solum Regem ait illis Rex Reddite denarios istos illis a quibus capti sunt fecerunt sicut praecepit illis Rex which is likewise remembred by Capgrave Surius Ribadeniera and others in the life of King Edward the Confessor From all which relations compared together it is apparent First That Dangeld was a great most heavy and intolerable Tribute first imposed in King Ethelreds reign to pay the Danish Navy and Souldiers then invading England to keep them from plundering and spoiling the people 2. That King Swane the invading and usurping Dane after he had gotten the power of this Realm imposed it annualy on the English and made it any early Tribute to pay his Army 3. That the Danish succeding Kings continued and made it a kind of annual revenue to cloath and pay their Souldiers and Marriners for sundry years together 4. That it was yearly paid unto the Kings Exchequer and reduced to a certainty to wit four pence a year out of every Hide or plough land thorowout England or else twelve pence or two shilings a year as the laws of Edward the Confessor the black Book of the Exchequâ—r and Sir Henry Spelman in his Glossaryâ— Title Danegold affirms 5. That King Edwards Officers after the Danish Kings expired reignes did collect it of the English Subjects without his privitie to cloath and pay his Souldiers and followers 6. That he out of mercy piety conscience and justice to his people not only restored it to them when collected and brought into his Exchequer without retaining one farthing of it but likewise for ever released it to them so that it was no more collected during his reign 7. That Taxes unjustly leavied upon the poor oppressed people are very pleasing and acceptable to the devill himself who claimes the money so collected for his own and that the Collectors and exacters of such Taxes though for the payment of Armies and Souldiers are really but the devils agents and instruments who will one day pay them their deserved wages 8. That heavy oppressions and taxes though for pretended publike necessities continued for many years together ought not onely to be eternally remitted but restored when collected by all conscientious piouâ— righteous mercifull Saintlike Kings and Governours 9. That illegall heavy Taxeâ— imposed by or for invading Usurpers if once submitted to and not strongly opposed by the generality of the people wil soon be claymed lâ—avied as a customary early legall revennue both by the imposers and their successors and hardly be laid down and discontinued again for the peoples ease 10. That this tax of Danegeld amounting but to thirty eight or fourty thousand poâ—nds in one whole year was in truth an heavy and intolerable burden and grievous oppression to the whole Nâ—tion fit to be abolished aâ—d released especially in times
Realm against Law and right by his power and often attempted to incline the Kings minde to his Injustice At last his subtilty proceeded so farr that by fraud deceit and circumvention he banished out of the land almost all the Kings kinred and friends whom he had either brought with him or called out of Normandy as well Bishops as Clerks and Laymen of other dignities believing that all things would succeed according to his desires if the King deprived of all his friends should make use only of his Counsels But Edward dissembling all things in regard of time place and out of religion addicted himself wholly to divine duties sometimes predicting That divine Iustice would at some time or other revenge so great malice of the Earl and telling Godwin himself so much Whereupon on a certain day when the King was celebrating the Feast of Easter at Winchester as most or at Windsor as some or Hodiam as others relate which feast was famous among the people the King sitting at his royal Table at dinner the Kings Cup-bearer Harold Godwins own Son as some record bringing the Kings cup filled with Wine towards the Table striking one of his feet very hard against a stumbling block on the pavement fell almost to the ground but his other foot going straight on recovered him again and set him upright so that he had no harm nor shed any of the wine Upon which many discoursing touching this event and rejoycing that one foot helped the other Earl Godwin who customarily sate next to the King at Table being his Father-in-law laughing thereat said by way of merriment Here a brother helped a brother as some or So is a Brother helping to a Brother and one assisting another in necessity as others report his words To whom the King upon this occasion ironically answering said Thus my Brother Alfred might have assisted me had it not been for Godwins Treachery who would not permit him Which Speech of the Kings Godwin taking over-grievously was sore afraid and with a very pale and sad countenance replied I know O King I know it hath been often reported to thee that I have sought to betray thee and that thou O King dost as yet accuse and suspect me concerning the death of thy Brother Alfred neither yet doest thou think that those are to be discredited who call me either his or thy Traytor or betrayer But let thy God who is true and just and knoweth all secrets judge between us and let him never suffer this piece of bread I now hold in my hand to pass down my throat without choaking me if I be guilty of any Treason at all against thee or had ever so much as a thought to betray thee Or if I be guilty of thy Brothers death or if ever thy brother by me or my counsel was nearer to death or remoter from life And so may I safely swallow down this morsel of bread in my hand as I am guiltlesse of these facts When he had thus spoken the King blessed the piece of bread whereupon Godwin putting it into his mouth swallowed it down to the midst of his throat where it stuck so fast that he could neither get it down nor cast it up by any means till through the cooperation of divine vengeance he was so choaked with it that his breath was quite stopped his eyes turned upside down his arms grew stiff being conscious to himself of what he thus abjured and so he fell down dead under the Table Deus autem justus et verax audivit vâ—cem Proditoris et mox eodem pane strangulatus mortem praegustavit aeternam writes Radulphus de Diceto The King seeing him pale and dead and that divine judgement and vengeance had thus passed upon him said to those who stood by Dragg out of this dog this Traytor and bury him in the high way for he is unworthy of Christian burial Whereupon his Sonnes there present beholding this Spectacle drew him from under the Table into a Bedchamber ubi debitum proditoris sortitus est finem and immediately after they buried him privily in the old Monastery at Winchester without honour or solemnity Abbot Ingulphus thus briefly relates the story of this his death Anno Domini 1053. cum Godwinus Comes in mensa Regis de nâ—ce sui fratris impeteretur ille post multa Sacramenta tandem per buccellam dâ—glutiendam abjuravit buccella gustata continuo suffocatus interiit As this judgement of God upon Earl Godwin for murdering Prince Alfred right heir to the Crown and the Normans who accompanied him 17 years after the fact was most exemplary so Gods justice upon his posterity is remarkable which to omit their forementioned exiles troubles are thus epitomized by Will. Malmâ—b Godwin in his younger years had the Sister of Cnute for his wifeâ— on whom he begat a Son who having passed the first years of his childhood whiles he was riding on a horse given to him by his Grandfather in a proud childish bravado giving him the spurr and â—ains the horse carried him into the swift stream of the River of Thames where he was drowned His Mother also was slain with the stroke of a thunderbolt receiving the punishment of her cruelty who was reported to buy whole droves of slaves especially beautifull maides in England and to send them into Denmark that she might heap up riches by their deformed sale After her death he maried another wife on whom he begot Harold Swane Wulnoth Tosti Girth and Leofwin Harold after Edward was King for some Moneths and being conquered by William at Hastings lost both his life and kingdom with his two younger Brothers there slain in battel Wulnoth sent into Normandy by King Edward because his father had given him for an hostage was there detained a Prisoner without any release during all King Edwards life and being sent back into England in Williams reign continued in bonds at Sarisbury till his old age Swane of a perverse wit treacherous against his King revolted oftentimes both from his Father and his Brother Harold and becomming a Pyrate polluted the vertues of his ancestors with his maritime Robberies and murder At last going barefoot to Ierusalem in pilgrimage out of conscience to expiate the wilfull murder of his Cosen Breuno and as some say his Brother in his return thence he was circumvented and slain by the Saracens Tosti being advanced by King Edward to the Earldom of Northumberland after the death of Earl Syward ruled the County near two years which being expired he stirred up the Northumbrians to a Rebellion with the asperity of his manners for finding him solitary they chased him out of the Country not thinking â—it to slay him by reason of his Dukedom but they beheaded all his men both English and Danes and spoiled him of all his horses arms and houshold-stuff whereupon being deprived of his Earldom he went with his wife and children into Flanders and at
last invading Northumberland and joyning with the Danes against his own brother King Harold was there slain by him in battel with all his forces His daughter Queen Egitha besides her forementioned repudiation by King Edward and the imprisonment and disgraces put upon her by him for her Fathers sake was never carnally known by him as his wife out of a detestation to her Father Godwin because he would not ingender heirs to succeed him in the royal Throne out of the Race and séed of such a Traytor as many Historians assert â—ven so let all other such like perfidious Traytors their Posterities perish who imitate him and them in their Treasons Perjuries Rebellions and will not be warned nor reclaimed by his or their sad examples The same year Earl Godwin thus perished Rheese brother of Griffin King of Southwales was slain by King Edwards command and his head brought to Glocester to the King on the Vigil of Epiphany for his manifold Treasons rebellions and frequent depredations upon his English Subjects King Edward Anno 1054. commanded Sywarâ— the valiant Duke of Northumberland to invade Scotland with an Army of horse and a strong Navy to remove Mackbeoth K. of Scots to whom he had formerly given the Realm of Scotland to hold it of him and make Malcolm the King of Cumberlands Son King in his place Who thereupon entring Scotland with a puissant Army fought a set battle with Mackbeoth slew many thousands of the Scots and all the Normans who went to him out of England chased him out of Scotland then totally wasted and subdued by Syward and deprived him both of his Life and Realm Which being effected King Edward gave the Realm of Scotland to Malcolm to be held from and under himself Not long after Duke Syward being likely to die of a flux when he saw death approaching said What a shame is it that I who could not die in so many battels and warrs should be reserved to die with disgrace like a Cow Wherefore put upon me my impenetrable coat of male gird me with my sword set my helmet upon my head put my buckhandler in my left hand and my gilt battel-ax in my right hand that being the strongest of all Souldiers I may die like a Souldier Whereupon being thus armed as he commanded he said Thus it becomes a Souldier to die and not lying down in his bed like an Ox and so he most honourably gave up the Ghost But because Waltâ—of his Son was then but an inâ—ant his Earldom was given by the King to Toâ—ti son of Earl Godwin â— whose Earldom after Godwins sudden death was bestowed on Harold and Harolds Earldom given to Algarus Earl of Chester Earldoms in that age being only for life not hereditary In the year 1055. King Edward Habito Londoniae Concilio holding a Parliamentary Councill at London banished Algarus Son of Earl Leofric quia de Proditione Regis in Concilio convictus fuerat because he had been convicted in the Council of Treason against the King as Henry Huntindon Bromtons Chronicle and Hygden record Yet Florentius Wigorniensis Simeon Dunelmensis Hoveden Henry de Knyghton and others write He was banished sine culpa without any crime Whereupon passing over into Ireland he soon after repaired with 18. piratical Ships to Griffin King of Wales requesting him to give him aid against King Edward Who thereupon forthwith assembling a very great Army out of all his Realm commanded Algarus to meet him and his Army with all his forces at a certain place where uniting their forces together they entred into Herefordshire to spoil and depopulate it Against whom timorous Earl Ralph King Edwardâ— Sisters Son raising an Army and meeting them two miles from the City of Hereford commanded the English to fight on horseback contrary to their custom But when they were about to joyn battel the Earl with his French and Normans fled away first of all which the English perceiving followed their Captain in flying whom the Enemies pursuing slew four or five hundred of them and wounded many more and having gained the Victory took the City of Herford slew some of the Citizens carried away many of them captives annd having burnt and pillaged the City returned enriched with great booties The King being infoâ—med of it commanded an Army to be presently assembled out of all England which meeting together at Glousester he made valiant Earl Harold their General who devoutly obeying his commands diligently pursued Griffin and Algarus and boldly entring into the coasts of Wales encamped at Straddle But they knowing him to be a valiant man not daring to fight with him fled into South-wales Upon which Harold leaving the greatest part of his Army there commanded them manfully to resist the Enemies if there were cause and returning with the rest of the multitude to Herâ—ford he enviroâ—ed it with a broad and deep trench and fortified it with gates and barrs At last Messengers passing between them and Harold they made a firm Peace betweeâ— them Whereupon Earl Algarus his Navy returning to Chester there exacted the wages he had promised them but he repairing to the King received his Earldom from him again This same year Herman Bishop of Salisbury requested of the King and almost obtained leave to remove his See from Ramesberg to the Monastery of Malmsbury sed Rege juxta Consilium Procerum id nolente he thereupon resigned his Bishoprick went beyond the Seâ—s and took upon him the habit of a Monk but repenting of his rashness he returned into England three years after and held the Bishopricks of Salisbury and Sherborne united together till the 9th year of King William the Conqueror In the year 1057. Prince Edward son of Edmond Ironside came out of Hungary where he had long lived an Exile into England being sent for thence by his Unkle King Edward who had decreed to make him heir to the Crown after himself but he died at London soon after his return leaving onely Edgar Athelin his son very young and two daughters Margaret and Christiana under the Kings custody and tuition This same year Earl Leofric at the request of his devout Noble Countess Godina freed the City of Coventry from a most grievous dishonest servitude and heavy Tribute wherewith he had formerly oppressed the Citizens being very much offended with them which though frequently importuned by her he would remit upon no other condition but this That his Lady Godina should ride naked through the street of the City from the one end of the market to the other when the people were there assembled Which she to obtain their Liberties from this Servitude and Tribute performed covering her self so with her long fair hair that she was seen and discerned by no body Whereâ—pon the Earl her husband by his Charter exempted the Citizens of Coventry for ever from many payments which he formerly imposed and exacted from them the wisdom of which
Earl much benefited the King and people whiles he lived Algarus his son succeeding him in the Earldom of Mercia in the year 1058. was banished the second time by Kiâ—g Edward but by the assistance of Griffin King of Wales and help of the Norwâ—y fleet which beyond expectation came to assist him he suddenly recovered his Earldom again by force of which he conceived himself unjustly deprived against Law Griâ—fin King of Wales having contrary to his former league and agreement invaded infested England slain the Bishop of Hereford burnt the City â—arrowed the Country and twice assisted Earl Algarus against King Edward thereupon Anno 1063. Duke Harold by King Edwards command marched hostilely into Wales with his forces to infest Griffin who having notice of his comming took Ship and hardly escaped his hands Hereupon Harold raised a greater Army and likewise provided Ships and furniture after this his brother Tosti and he joyning their forces together by the Kings command began to depopulate Wales and invaded it both by Sea and Land whereupon the Welshmen compelled by necessity gave them Hostages and promised That they would thenceforth pay a Tribute to K. Edward as their Soveraign and banish their King Griffin whom they expelled accordingly that year and An. 1064. they cut off their King Griffins head and sent it unto Harold who presently transmitted it to K. Edward whereupon the King made Griffiâ—s Brothers Blethagent and Redwallo Kings over the Welshmen to whom he gave that land who sware Fealty to King Edward and Harold et ad imperium illorum mari terraque se fore paratos ac omnia quae prius de terra illa Regibus anterioribus fuâ—rant pensa obedienâ—er se pensuros responderunt as Wigorniensis Hoveden Simeon Dunelmensis and others record their Oath The next year Tosti Earl of Northumberland moved with envy against his Brother Harold in the Kings own presence at Winsore took Harold by the hair as he was drinking wine to the King and violently struck the Cup out of his hand using him most dishonourably all the Kings Houshold admiring at it Upon which Harold provoked to revenge taking Tosti between his arms and lifting him up on high threw and dashed him violently against the pavement At which sight the Souldiers round about ran in on all â—ides and parting the began fray perforce between these Brothers and stout Warriers severed them one from the other But the King upon this predicted that the destruction of these two Brothers was now near at hand and that their deadly feud was not long to be deferred For all the sons of the Traytor Earl Godwin were so ungracious covetous oppressive and so extremely unjust that if they had seen any fair Manner or Mansion place they would procure the owner thereof to be slain in the night withall his posterity and kinred that so they might get possession thereof for themselves Who notwithstanding which their soft and honied speeches although they were but swords did so circumvent the over-credulous simplicity of King Edward that after many enormous wickednesses committed by them he made them Râ—gni Iusticiarios Regni Rectores Dispositores both Justices Rulers and Disposers of the kingdom and likewise Generals and Admirals of his forces both by Land and Sea The many acts of Injustice committed by the sway of power and passion by Earl Godwin and his sons proportionate greatness and the Kings weakness did much blacken that bright time of Peace and made a good man not by acting but induring ill held to be a bad King Tosti after this contest and quarrel with his brother Harold departing in a rage from the Kings Court and comming to the City of Hereford where his Brother Harold had provided a great intertainment for the King slew and cut all his Servants in pieces and put either a legg arm or some other member of their bodies thus mangled into every vessel of wine meade bear and other sorts of liquors he there found wherin they lay steeping stopping up the Vessels again Which done he sent word to the King that when he came to his Farm at Hereford he should find his flesh well powdâ—red and that he would provide him sweetmeats The King being informed of this his barbarous villany and scoff commanded that he should be banished for this detestable wickedness which he abhorred Soon after Tosti departing into Northumberland about the 5. of October divers Gentlemen and others of that Country assembling together came with about 200â— armed men to York where Tosti then resided both to revenge the execrable murder of some Noble Northumberlanders servants to Goâ—patriâ— whom Queen Egitha in the cauâ—e of her brother Tosti had commanded treacherously to be slain on the 4th day of the precedent Christmass and of Gamel the son of Orâ—e and Ulfe son of Delfin whom Tosti the year before had commanded to be treacherously murdered in his chamber at York under pretext of making a Peace with them necnon pro immanitate Tributi quod de tota Northimbria injuste acceperat as also for the excessiveness of the Tribute which he had unjustly received out of all Northumberland without their common consent and grant These chasing the Earl himself out of the Country pro contuitu Ducatus occidendum non rati slew and cut off the heads of all his Servants and Courtiers as well English as Danes being above 200. on the North part of the river of Humber then breaking up his Treasury they took away all his Treasures Horses Armes houshold-stuff and all things that were his The rumor whereof being brought to the King and the Country in an uproar almost all the Northumberlanders met together and elected constituted Morchar Earl Algarus son for their Earl in the place of Tosti who marched with them into Lincolnshire Nottinghamshire and Derbyshire wasted and pillaged those Counties slew many of the Inhabitants and carryed many thousands of them away captive leaving those Counties much impoverished many years after Hereupon Harold was sent against them to revenge those injuries to prevent further mischiefs and to mediate a reconciliation between them and Tosti Upon this the Northumberlanders met Harold first at Northampton and afterwards at Oxford and although they were more in number than he yet being desirous of quietness and peace they excused the fact unto him saying Se homines liberè natos liberè educatos nullius Ducis ferociam pati pâ—sse A majoribus didicisse aut Libertatem aut Mortem c. That they being men freely born freely educated could not suffer the cruelty of any Duke That they had learned of their ancestors either to enjoy Liberty or death Therefore if the King would have them his Subjects he must set another Earl over them even Morchar who had had experience how sweetly they knâ—w to obey if they were sweetly handled But all of them unanimously refused any reconciliation at all with Tosti
whom they Outlawed together with all those who had incited him to make an unjust Law and impose an illegal Tribute upon them Harold hearing these things and minding more the Peace of the Country than his brothers profit recalled his Army and the Kiug having heard their answer confirmed Morchar for their Duke Tosti hateful to all men by the assistance of Earl Edwin was expelled out of England by the Northumberlanders and driven with his wife and children into Flanders whence returning about two years after and joyning with the Danes he entred with the Danes into Northumberland miserably harrowed the whole Country slaughtered the inhabitants and at last was there slain with most of his Souldiers by his own brother King Harold Anno 1066. King Edward as Abbot Ingulphus living in that age records Anno 1065. being burdened with old age perceiving Prince Edgar Atheling his Cosen Edwards son lately dead to be unfit for the royal throne tam corde quam corpore as well in respect of minde as body and that Earl Godwins many and wicked progeny did daily increase upon the earth set his mind upon his Cosen William Duke of Normandy et eum sibi succederâ— in Regnum Angliae voce stabili sancivit and decreed by a stable vote that he should succeed him in the Realm oâ— England For Duke William was then superiour in every battel and a triumpher against the King of France and his fame was publickly blazed abroad amongst all the Earls of Normandy who were next him being invincible in the exercise of Arms Iudex justissimus in causarum judiciâ— a most just Iudge in the judging of causes and most religious and most devout in the service of God Hereupon King Edward sent Robeâ—t Archbishop of Canterbury to him as his Legate a Lâ—tere or special Embassador illumque designatum sui regni Successorem tam debito cognationis quam merito virtutis suae Archipraesulis relaâ—u insinuavit and intimated unto him by the relation of his Archbishop that he had designed him to be the Successor of his Realm as well by the debt of kinred as by the merit of Virtue Moreover Harold the Major of the Kings Court comming into Normandy not only swore that he would conserve the Kingdom of England for Duke William afâ—er the Kings death but likewise promised upon Oath that he would take the daughter of Duke William for his wife and upon these promises returned home magnificently rewarded After which â—e subjoins Edwardi pâ—issimi Regis cujus cognatione et consanguinitate inclytus Rex noster Willelmus fundat conscientiam suam regnâ—m Angliae invadendi caeteris Regibus de Danorum sanguine quasi nullius authoritatis ad allegandum interim intermissis William of Malmsbury who flourished in oâ— near that very age thus seconds him After the death of Edward his son Edgar was Neque promptus mâ—nu neque probus ingenio Rex itaque defuncto cognato quia spes prioris erat soluta suffragii Willielmo comiti Normanniae successionem Angliae dedit Erat ille hoc munâ—re dignus praesâ—ans animi juvenis qui in supremum fastigium alacri labore excreverat Praeterea proxime consanguineus filius Roberti filius Richardi seâ—undi quem fratrem fuisse Emmae matris Edwardi non semel est quod diximus Ferunt quidam ipsum Haroldum a Rege in hoc Normanniam missum alii secretioris coâ—silii conscii invitum venti violentia illuc actum quo se tueretur invenisse commenâ—um quod quia propius vero videtur exponam Harold comming to his farm at Boseam going for his recreation into a fisher-boat and putting forth into the Sea in sport was by a sudden contrary storm arising driven with his companions into the Village of Ponthieu in France where he was stripped and bound hand and foot by the rude Country people and carried Prisoner to Guido their Earl who detained him in Prison to gain a ransom from him Whereupon Harold being of a subtil wit studying how to relieve himself by large promises procured a Messenger to inform Duke William that he was sent by the King into Normandy that what lesser Messengers had but muâ—tered touching his Succession to the Crown of England he might perform by his presence especially that he was detained in bonds by Earl Guido wherby he was hindered to deliver his message notwithstanding his appeal to him which was a great diminution to his honor and if his captivity were to be redeemed with monie he would willingly give it to him and not to Guido Upon which he was by Duke Williams command released brought by Guidâ— into Normandy and there nobly feasted by the Duke where by his valour and policy he gained great reputation with Duke William and that he might more indear himself in his favour he there voluntarily of his own accord confirmed to him the Castle of Dover which belonged to him of right and the Kingdom of England after King Edwards decease whereupon the Duke espoused him to his daughter Adeliza then a child and bestowed her whole ample portion upon Harold and then honourably dismissed him Matthew Westminster Anno 1057. relating this Story of Harolds driving into Ponthieu by storm against his will as hapning in that year and that to ingratiate himself with Duke William Post mortem Regis Edwardi ei Regnum Angliae Sacramento firmavit subjoyns thereâ—o Tradunt autem aliter alii quod videlicet Haroldus a Rege Edwardo fuerat ad hoc in Normanniam missus ut Ducem Gulihelmum in Angliam conducerâ—t qnem idem Rex Edwardus Haeredem sibi constituere cogitavit Roger de Hoved. Annal. pars prior p. 499. Radulph de Diceto Abbr. Chron. col 480 481. Eadmerus Hist. Novorum l. 1. p. 4 5. Sim. Dunel Hist. col 195. Io. Bromton in his Chronicle col 947. Hygden in his Polychron l. 6. c. 27. with others record the matter somewhat different from our other Historians That Harold after his Fathers death craving leave of King Edward to goe into Normandy to free and bring into England his Brother Wulnoth Nephew Hake there detained Hostages the King would not permit him to goe as senâ— by him but yet left him free to do what he pleased of himself therein Adding Praesentio tamen te ad nihil aliud tendere nisi in detrimentum totius Anglici regni et opprobrium tui nec enim ita novi Comitem mentis expertem ut eos aliquatenus velit concedere tibi si non praescierit in hoc magnum proficuum sui Harold notwithstanding taking ship to go into Normandy upon this occasion was driven by storm into Ponthieu and there imprisoned as aforesaid and by Duke Williams means and threats after two denials released who honourably entertaining him for some dayes to advance his own designs by him at last opened his minde thus to him Dicebat itaque Regem Edwardum quando secum invene olim juvenis in Normannia demoraretur
sibi interposita fide sua pollicitum fuisse quod si Rex Angliae foret Ius regni in illum Iure Haereditario transferret subdens ait tu quoque si mihi te in hoc ipso adminiculaturum sposponderis et insuper castellum Dofris cum puteâ— aquae ad opus meum te facturum sororemque tuam uni de Principibus meis dederis in uxorem te ad mâ— tâ—mpore quo nobis conveniet destinaturum nec non filiam meam in câ—njugem accepturum promiseris tunc et modo nepotem tuum et cum in Angliam venero regnaturus fratrem tuum incolumem recipies in quo regno si tuo favore confirmatus fuero spondeo quod omne quod à me rationabiliter tibi postulaveris obtinebis Hereupon Harold perceiving danger on every side and not knowing how to escape unless he condescended to Williams will in all things he thereupon consented to his requests But he that all things might be ratified bringing forth the reliques of Saints brought Harold to this That he should swear upon them that he would actually perform all things which they had agreed between them These things thus done Harold receiving his Nephew returned into his Country where he related to the King upon his demand what had happened and what hee had done Who said Did I not tell thee I knew William and that many mischiefs might happen to this kingdom in thy journey I foresee in this thy deed that great calamities will come upon our Nation which I beseech God of his infinite mercy to grant that they may not happen in my dayes Mr. Fox relating this story more briefly concludes thus Whereby it may be â—athered That King Edward was right willing that Duke William should reign after him and also it seemeth not unlike but that he had given him his promise thereunto before The same Hoveden Annalium pars posterior p. 608 609 610. reciting the Laws of King Edward confirmed by King William after he got the Crown records these passages intermixed with them That King Edward retained his Cosen Edwards son Edgar with him and nourished him for his Son and because he thought to make him his Heir he named him Adeling which we call a Little Lord. But King Edward so soon as he knew the wickednesse of his Nation and especially the pride of the Sons of Godwin of Harold who after invaded the Kingdom Estigurt Lefwin and others of his Brothers imagining that what he had purposed concerning Edgar could not possibly be stable Adoptavit Willielmum Ducem Normannorum in regnum adopted William Duke of Normandy to succeed him in the Râ—alm William I say the bastard the son of Robert his Uncle a valiant warlike and stout man Who afteâ—wardâ— by Gods assistance by vanquishing the foresaid Harold son of Godwin victoriously obtained the Reâ—lm oâ— England To which he subjoyns That Edward wanting issue sent Râ—bert Archbishop of Canterbury to his Cosen William Duke of Normandy de Regno eum constituit Haeredem and made him heir of the Kingdom yea after him he sent Earl Harold and He invaded the Realm He further Records That when King William would have altered the Laws of England presented to him upon Oath in the 4th year of his reign but in one point Universi compatriotae qui leges edixerant tristes effecti c. tandem cum prosecuti sunt deprecantes quatenus pro anima Regis Edwardi qui ei post diem suum concesserat Coronam et Regnum et cujus erant Leges that he would not alter the Laws herein whereupon he consented to their request Thomas of Walsingham thus registers the fact Edwardus Rex Anglorum prolis successione carens olim miserat Duci Robertum Archiepiscopum Cantuar. statuens illum haeredem Regni a Deo sibi attributi Sed et Haroldum ipse postmodum destinavit qui fuit maximus Comitum regni sui in honore dominatione et divitiis ut ei de Corona sua fidelitatem faceret ac Christiano more Sacramentis confirmaret Qui dum ob hoc negotii venire contenderet velificato freto Porti Pontnium appulit ubi in manus Widonis Abbatis villae S. Abvile Comitis incidit quem idem Comes captum cum suis conâ—estim in custodiam trusit Quod ut Dux comperit missis Legatis violenter illum extorsit quem aliquandiu secum moratâ— facto fidelitate de regno pluribus Sacramentis cum muneribus multis Regi remisit Denique Rex Edwardus completo termino foelicis vitae c. migravit a saeculo Cujus regnum Haroldus continuo invasit ex fidelitate pejuratus quam Duci Iuraverat Ad quem Legatos direxit protinus hortans ut ab hac vesania resipisceret fidem quam Iuramento sposponderat cum digna subjectione servareâ— Sed ille hoc non solum audire contempsit veruâ— omnem ab illo Anglorum gentem infideliter avertit c. Chronicon Iohannis Bromton Col. 945. relates That King Edward purposed to make Edgar whom he had nourished as his Son heir of England Sed ut quidam aiunt Rex gentis suae mâ—litiam et praecipuè superbiam Haroldi filii Godwini â—t aliorum divina demonstratione praevidens percepit quod proposiâ—um suum quoad ipsum Edgarum cognatum suum de regno post eum obtinendo minime potuit adimplere unde Willielmo cognato suo Normannorum Duci Regnum post eum optinendum per solennes nuncios assignavit And Col. 957. he adds Some say that King Edward before his death had appointed William to succeed him according tâ— the promise which the said King had made him when he was a young man living in Normandy that he should succeed him in the Kingdom concerning which as some write he had sent solemn Messengers to him into Normandy The like is affirmed almost in the saâ—e words by Henry de Knyghton de Eventibus Angliae l. 1. c 15. col 2238. and by Fabian Câ—xton Cambden Holinshed Grafton Speed Daniel Stow Vestegan and other modern Historians Matthew Paris in the beginning of his History of England p. 1. relates Harolds driving into Pountoisâ— by storm as he was taking his pleasure at Sea his presenting to Duke William his espousals to his daughter under age which he ratified by Oath taken upon the reliques of Saints adding Iuravit insuper se post mâ—â—tem Regis Edwardi qui jam senuit sine liberis Regnum Angliae Duci qui in Regnum jus habuit fideliter conservaturum Consummatis igitur aliquot diebus cum summa laeâ—itia amplis muneribus ditatus in Angliam reversus est Haroldus Sed cum in tuto constitueretur jactabat se laqueos evasisse Hostiles Perjurii crimen eligendo And Anno 1257. Writing of the Lay Peers of France whereof the Duke of Normandy is first he hath this passage Rex Angliae Dux est de jure Normanniae sanguinis derivatione geneali Rex ex
conquestis dicitur tamen quod beatus Edwardus eo quod haerede caruit Regnum legavit Willielim Bastardo Duci Normannorum Sed hoc robore asseruitur caruisse quiâ— 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 â— 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 nexâ— 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 betooâ— 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 inimicâ— Daemonesque terram hanc totam pervagabunt Abbot Ailred thus records it Impletum dicunt Anglorum nequitiam iniquitaâ— consummata iram provocat accelerat vindâ—ctaâ— Sacerdotes praevaricati sunt pactum Domini polluto pectorâ— manibus iniquitatis sancta coâ—â—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 ostendeâ— deincâ—ps populo hinc iram indignationeÌ„ immissiones insuper per Angelos malos quibus traditi sunt anno uno diâ— 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 Wheâ—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 â—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 miseâ—y King Edward after his relation of this Vâ—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 interruâ—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 nolueâ—rit procreari as Ingulphus Matthew Wâ—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
to his Oath and promise to him had without right or Title invaded the Crown and being secretly invited by some of the English Nobles to challenge his own right thereunto by Kings Edwards designation sent Messengers to Harold who mildly reprehending him for his breach of Covenant added by way of menace that he would before the year expired exact his due from him by force of arms in case he refused voluntarily to yield up the kingdom to him But Harold growing secure contemning his threats as never likely to be put in execution both because the Dukes daughter to whom he was espoused was dead and himself involved in wars with his Neighbour Princes returned his Messengers to him with this answer Harold King of England sends you this answer That true it is when he espoused your daughter in Normandy being compelled by necessity He sware that the Realm of England should belong to thee But against this he asserts That a forced Oath is not to be kept For if a vow or oath which a Virgin had knowingly made concerning her body in the house of her Father without her parents consent was revocable and void much more the Oath which he being under the Scepter of the King had made without his knowledge by compulsion ought to be nâ—lled and made voyd as he asserted Moreover he afâ—irmed Nimis praesumptuosum â—uisse quod absque generali Consensu Regni Haereditatem vobis juraverat alienandam Addidit etiam Injustum esse petere ut e regno discedat quod tanto Principum favore susceperat gubernandum That it was overmuch presumption in him that without the general consent of the Realm he had sworn the inheritance thereof should be alienated to him That King Edward being then living he câ—uld neither give away the Kingdoms succession to him nor grant it to any other without his consâ—nt et â—ine populi consensu Senatus Decreto et nesciente omni Anglia de toto Regno necessitate temporis coactus impegerit and without the consent of the people and decree of the SENATE or Parliament he could not promise to him the whole Realm of England without the knowledg of all England being compelld therto only by the necessity of the time Adding moreover that it was unjust to demand that he should dâ—part from that kingdom which he had undertaken to govern with so great favour of the Nobles Eadmerus Radulphus de Diceto and some others record this to be his Answer then returned to Duke William Soror mea quam juxta condictum expetis mortua eâ— Quod si corpus ejus quale nunc est vult Comes habere mittam ne judicer Sacramentum violasse quod feci Castellum Dofris et in eo puteum aquae licet nescâ—am cui ut vobis convenit explevi Regnum quod necdum fuit meum quo Iure potui dare vel promittere Si de filia sua quam debui in uxorem ut asserit ducere agit Super Regnum Angliae mulierem extraneam inconsultis Principiâ—us me nec debere nec sine grandi injuria posse adducere noverit The Norman who till then thought England sure to be his and had devoted his hopes from a Duke to a King stormed to see himself thus frustrated on a sudden and instead of a Crown to have such scorns heaped on his head therefore nothing content with this â—light and scornfull answer returnd his Ambassadors again to Harold by whom he â—aid his claim more at large As that King Edward in the Court of France had faithfully promised the Succession unto him and again ratified the same unto him at his being in England and that not done without consent of the State but confirmed by Stigand it should be Robert Archbishop of Canterbury the Earls Godwin and Siward yea and by Harold himself and that so firmly assured that his Brother and Nephew were delivered for pledges and for that end sent to him into Normandy that he being no way constrained to swear as he pretended he appealed to Harolds own Conscience who besides his voluntary offer to swear the succession of the Crown unto him contracted himself to Adeliza his daughter then but young upon which foundation the Oath was willingly taken But Harold who thought his own head as fit for a Crown as any others meant nothing less than to lay it down upon parâ—y and therefore told Williams Embassadours plainly That however Edward and he had tampered for the Kingdom yet Edward himself coming in by election and not by any Title of Inheritance his promiâ—e was of no validity for how could he give that wherein he was not interested nor in the Danes time was likely to be and tell youâ— Duke that our Kingdom is now brought to a setled estate and with such love and liking of the English as that they will never admit any more a stranger to rule over them That the Duke himself well knew that the Oath he made him was only for fear of death or imprisonment and that an Oath so extorted in time of extremity cannot bind the maker in Conscience to perform it for that were to joyn one sin with another With which and the like Speeches he shifted off the Dukes Embassadours without any Princely entertainment or courteous regard who returned home without reply vel veris vel veresimilibus argumentis perstricti Some of our Historians record That the Dukes Messengers upon their second Embassy admonishing him how religiously he had bound himself by Oath and that perjured persons should be sure to find perdition from Gods hands and reproachfull shame with men waived all other demands of the Crown and insisted only upon this That Harold should marry his Daughter which he had espoused according to his promise else he should certainly know he would by force of Armes challenge the succession of the Kingdom promised to him But this seems improbable because our other Historians conclude that his espoused Daughter was dead before this Embassie and Williams preparations and future Messages claiming the Crown resolve the contrary Abbot Ingulphus flourishing at that time gives us this sum of their Negotiation and Harolds answer thereunto Wiâ—lielmus auâ—em Comes Normanniae Legatos mittit foedera facta dicit pacta patefecit promissa petit aliquod justum medium confici requirit At Rex Haroldus Legatos vix auscultat foedera fracta negat pacta recusat promissa excusat omnia â—ustamedia oblata sufflat subsannat Cumque haec intermedia quotidie agerentur ac solum nunciorum cursus ac recursus tota aestate sine fructu consumerarentur The Embassadours returned empty bringing only Harolds unsatisfactory and scornfull Answers with them Wherewith Duke William being much inraged cast about how to recover that by right of armes which he could not gain by Treaty providing Ships Souldiers Mariners and all things necessary for an invasive war making choice of the tallest skilfullest and
of the Nobles and common Souldiers were so incensed that detesting the covetousness of their Prince they unanimously deparâ—ed from his service and refused to march wiâ—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 buâ—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 pluâ—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 anâ— he drowned in it Whereunto the Duke replyed That man was not wise who had more regard â—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 Souldieâ—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 innâ—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 wâ—re not come togetherâ— 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 Gentlâ—men and Freemen who
victoribus suis participarunt de caeter is in â—orum mores transeuntes Sed haec mala de omnibus generaliter Anglis dicta intelligi nolim Scio clericos multos tunc temporis simplici via semitam sanctitatis trivisse Scio multos Laicos omnis generis conditionis in hae eadem gente Deo placuisse facessat ab hac relatione invidia non cunctos pariter hâ—c involvat calumnia Verum sicut in tranquillitate malos cum boâ—is fovet plaerumque Dei sereniâ—as ita in captivitate bonâ—s cum malis noâ—nunquam ejusdem constringit sevâ—ritas I have insisted more largely upon the Historical part of Harolds usurpation perjury short and troublesom reign tragical death Duke Wâ—lliams claims to and manner of acquiring the Crown of England for this reason especially To refute the common received Error of some ignorant Historians of many illiterate Statists and Swordmen of this age and of fundry temporizing Ignoramusses of my own robe who publickly averr in their Pamphlets Speeches Charges and Discourses that Duke William claimed and obtained the Crown of England only as a Conqueror and thereupon altered the antient Laws Customs of the Realm and gave New Laws unto it by his own absolute power as a Conqueror thereof Upon which false Ground they inferre That those in late and present Power coming in by the same Title of Conquest may lawfully give new Laws to impose what Taxes Government they please upon the English as well as Scotish and Irish as a meer conquered Nation by their own inherent authority seeing by the Laws of Warr regularly all Rights and Laws of the place and Nation conquered be wholly subject to the Conquerors will And hereby they justifie all their late Impositions Taxes Excises Sequestration Seisures Sales of all the publike revenues of the Nation and many thousand private mens Estates by their Westminster and White-Hall Ordinances Edicts with the changes of our Government new-modellings of our Parliaments and all other irregular proceedings destructive to our Fundamental Rights Laws Liberties Government which they formerly covenanted inviolably to maintain without grant or consent by any free full lawfull English Parliaments Now to demolish all these their superstructures by subverting their â—alse Foundation of D. Williams pretended Title to the Crown of England only by Conquest It is most apparent by the premised Historical Authorities 1. That King William alwayes claimed the Crown of England both before at and after his Coronation as of right belonging to him by the promise gift contract gift and bequest of Edward the Confessor and as his heir and next kinsman by the Mothers side 2. That he alleged this gift and grant of the Crown to him to be made with the consent of the Archbishops of Canterbury Earls Godwin Syward and other Nobles of the Realm ratified by special Messengers sent unto and Hostages delivered him for its performance and by Harâ—lds own solemn agreement and Oath sent to him by King Edward for that purpose as himself at least suggested to him which designation and grant of King Edward to William was no fiction but a truth confessed by all our Historians and Harold himself who by his answers never denyed but only endeavoured to evade it and voluntarily acknowledged by all the Nobles of England both at his Coronation and in Parliament it self in the 4. year of his reign 3. That after King Edwards decease divers of the Nobles would have elected William King in pursuance hereof but that Harold perjuriously usurped the Crown by meer force and power without the least right unto it or any election by the Lords or people setting the Crown on his own head the very day King Edward was interred and thereby prevented Williams election to it 4. That hereupon divers of the Nobles Prelates and other English sent private Messengers to William into Normandy to come and demand his right to the Crown as due unto him promising hostages and their assistance to recover it 5. That thereupon he sent Embassadors twice or thrice to Harold one after another before his landing insisting on his meer right and Title to the Crown to gain it by parly without effusion of bloud 6. That upon Harolds obstinacy he appealed to the Pope and to all his Nobles assembled in a Parliamentary Council for the justice of his Title and Right to the Crown who declared his Title Lawfull and Just and thereupon encouraged assisted him all they could to regain it by force of arms from the Usurper Harold who would not otherwise depart from it 7. That immediately after his landing he made claim unto it only by the foresaid Right Title and thereupon prohibited his Souldiers to plunder the Country or hurt any of the Inhabitants as being his by right 8. That very few of the English Nobility or Nation would march or engage with Harold against William and sundry withdrew themselves from the battel as conscious of Harolds usurpation perjury and Williams just cause against him however other causes were then pretended and amongst the rest his own Brother-in-laws the greatest Peers of the Realm Earl Morcar and Edwin deserted him in the fight 9. That after the first battel won and Harold slain all the Prelates and Clergy generally except Abbot Frederick appeared for him and would not consent to set up Edgar though right heir 10. That after good deliberation all the Nobles Prelates Loâ—doners and others who first appeared for Edgar with the greatest pâ—rt of the Clergy people of the English Nation without the least fight or resistance or before any siege or summons from him together with Prince Edgar himself voluntarily went out and submitted themselves sware faith and allegeance to him as their Soveraign at Berkhamsted and after that joyfully received him with highest acclamations as their lawfull King at his entry into London 11. That all the Prelates Clergy and Nobility soon after without any coercion upon his foresaid right and Title freely elected and solemnly crowned him as their lawfull King in a due and accustomed manner and then did Homage and swore new Allegiance afresh unto him as their rightful Soveraign 12. That he took the Ordinary Coronation Oath of all lawfull Kings to maâ—â—â—tan and defend the rights persons of all his people to govern them justly c. as became a good King which a King claiming by meer conquest would never do All these particulars are undeniable Evidences that Duke William never made the least pretence claim or title to the Crown and Realm of England only as an absolute Conqueror of the Nation but meerly by Title as their true and lawfull King by designation adoption and cognation seconded with the Nobles Prelates Clergy and peoples unanimous election And although it be true that this Duke ejected Harold and got actual possâ—ssion of the Throne and Kingdom from him by the sword as did Aurelius Ambrosius and others before and King Henry the 4. Edward the 4. Henry the 7. with others
since his reign yet that neither did nor could make him a King by conquest only no more than these other Princes seeing the end of this warr was not against the whole English Nation the greatest part whereof secretly abbetted his interest but only against the unjust Usurper and Intruder King Harold and his adherâ—nts not to create a Title to the Realm by his and their Conquest but to remove a Uâ—surper who invaded it without and against all right and to gain the actual possession thereof by armsâ— from which he was unjustly withheld by force against those pretended lawfull Titles which he made So that he got not the Right Title but only the actual possession of the Crown by his Sword not as a universal Conqueror of the Realm without right or Title but as if he had been immediate heir and lawfull Successour to the Confessor who designed him to succeed him For â—uller confirmation whereof I shall here subjoin these ensuing proofs 1. King William himself at his very Coronation in London as Mr Cambden informs us said That the kingdom was by Gods providence appointed and by vertue of a gift from his Lord and Cosen King Edward the glorious granted unto him and that this most bounteous King Edward had by adoption ordained him his hâ—ir in the kingdom of England 2ly In his Charter to the Church of Westminstâ—r he resolves as much in direct terms where he recites In ore gladii Regnum adeptus sum Anglorum devictâ— Haroldo rege Cum suis complicibus qui mihi Regnum cum providentia Dei destinatum bâ—neficio concessionis Domini Cognati mei gloriosi Edwardi CONCESSUM conati sunt auferre c. So that his Title was from Edward though his possession by the sword 3ly In the very Title of his Laws published in the 4th year of his reign which he was so far from altering that he both by Oath and Act of Parliament ratified confirmed all the Laws and Customs of the Realm used in the Confessors time and before presented by a Grand Enquest unto him out of every County of England upon Oath without any alteration praevarication or diminution he stiles himself or is stiled by the Collector of these Laws HEIR AND COSEN TO Edward the Confessor even in the ancient Manuscript which Sir Henry Spelman hath published Incipiunt Leges S. Edwardi Regis quas in Anglia tenuit quas WILLIELMUS HAERES cognatus suus POSTEA CONFIRMAVIT To which I shall likewise subjoyn the words of the Charter of his Sonn King Henry the 1. Anno 1108. translating the Abbey of Ely into a Bishoprick wherein he gives his Father William the self-same Title Ego Henricus providente divina clementia Rex Anglorum Normannorum Dux Willielmi magni Regis filius â— QUI EDWARDO REGI HAEREDITARIO JURE SUCCESCIT Iâ— REGNUM renouncing all Title by conquest and claiming only as Heir to King Edward by Hereditary right 4ly Earl William himself in none of his Charters Writs Speeches Writings ever stiled himself a Conquerour of England nor laid claim to the Crown and Realm of England by Conquest after his inauguration which Title of Conqueror was afterwards out of the flattery or ignorance of the times given unto him by others Therefore the words which the History of St. Stephens in Caen in Normandy reports he used at his last breath The Regal Diadem which none of my Predecessors ever wore I got and gained by the Grace of God only I ordain no man heir of the Kingdom of England which all our Historians unanimously contradict affirming that he ordained VVilliam Rufus his second son particularly to succeed him in it at his death upon which Title only he enjoyed it but I commend the same to the eternal Creator whose I am in whose hands are all things For I became not possessor of so great honour by any hereditary right but by an humble conflict and with much effusion of blood I took it from the perjured King Harold and after I had either slain or put to flight his favourits and Servants I subdued the kingdom to my self must either be reputed false and fabulous as most esteem them or else have this construction that he gained the actuall possession of it against Harold and his adherents only by the Sword and that he had not an hereditary right thereto as next heir by descent to the Crown but only by adoâ—tion from and as heir by donation to King Edward as next of kin by the Mothers side which he made his only Title 5ly Those antient English Historians who first gave him the name of Conquerour did it not in a strict proper sence as if he were a meer universal Conquerour of the Nation disposing of all mens Estates persons and the Laws of the Realm at his pleasure for that he never did but only as one who gained the actual possession thereof from a perjured Usurper and his forces by strength of arms conquering them by open battel in the field but still claiming it by gift conâ—ract and designation from King Edward as his Kinsman as an heir who forcibly outs a disâ—eisor and intruder comes in by Tiâ—le and Inheritance only though he gains the possession by force This is evident by the forecited words of Mathew Paris and this passage of Henry de Knyghton not extant in Hygden out of whom he seems to transcribe it Et sic quia Normannus Iure haereditatis tenuit Normanniae Ducatum ideo Dux Regnum vero Angliae mero Conquestuâ— in respect of actual possession et clameo subscripto in respect of Title by claim by gift from King Edward Ideo Rex which claim and Title being backed by the unanimous election of the Prelates Clergy Nobilityâ— People and right heir to the Crown himself who all submitted and sware homage fealty and allegiance to him as their lawfull Kingâ— infallibly demonstrate him to be no Conquerour in respect of Title in a strict legal military sense even in the judgement of those antient and modern Historians who give him that Title but only in regard of Harold and his party and the actual possession which he got by conquest And in this sense alone is that Distick in the Chronicle of Bromton to be understood Dux Normannorum Willielmus vi validorum Rex est Anglorum Bello Conquestor eorum 6ly Our Great Antiquary Richard Vestegan in his Restitutions of dâ—cayed Aâ—tiquities learned Mr. Iohn Selden in his Review of the Hist. of Tithes p. 482 483. Sir Iohn Hayward in the liâ—e of King VVilliâ—m the first Mr. Nathaniel Bacon in his first part of his Historical Discoursâ— of the uniformity of the Governmeâ—t of England chap. 44 45 46 55 56. to omit others most fully prove and assert That the entry of William the first into the royal Government of England neither was nor properly could be by Conquest but by Title and by the free
corroboratae consecâ—aâ—ae sunt prae caeteris regni legibus Leges Regis Edwardi quae quidem prius inventae constitutae â—uerunt tempore Regis Edgari avi sui Veruntatem post mortem ipsius Regis Edgari usque ad Coronationem S. Regis Edw. quod continet annos 67 predictae leges sopitae sunt et penitus praetermissae Sed postquam Rex Edwardus in regno fuit sublimatus Consilio Baronum Angliae Legem 67 annis â—opitain excitavit excitatam reparavit reparatam decoravit decoratam confirmavit confirmata vocata est Lex sancti Regis Edwardi non quod prius ipse invenisset eam sed cum praetermissa fuisset oblivioni penitus dedita â— morte avi sui Regis Edgari qui prius inventor ejus fuisse dicitur usque ad sua tempora videlicet 67 annis The Chronicle of Bromton col 956 957. gives us this large account of these and our other ancient Laws This holy King Edward the Confessor Leges communes Anglorum genti tempore suo ordinavit ordained common Laws in his time for the English Nation because the Laws promulged in former times were over-partial For Dunwallo Molmucius first of all set forth Laws in Britain whose Laws were called Molmucine sufficiently famous until the times of King Edward amongst which he ordained That the Cities and Temples of the Gods and the ways leading to them and the Ploughs of Husbandmen should enjoy the privilege of Sanctuary After which Marcia Queen of the Britons Wife of Guithelin from whom the Provinces of the Mercians is thought to be denonated publishâ—d a Law full of discretion and justice which is called Mercian Lawâ— These two Laws the Historian Gildas translated out of the British into the Latine tongue and so it was afterwards commonly called Merchenelaga that is The Law of the Mercians by which Law 8 Counties were formerly judged namely Gloucestershire Worcestershire Herefordshire Shropshire Chesshire Staffordshire Warwickshire and Oxfordshire After these there was supeâ—added a Law written in the Saxon or English tongue by Ina King of West-Saxons to which Alfred King of the West-Saxons afterwarâ—s superadded the Law which was stiled West-Saxenelega that is the Law of the West-Saxons By which Law in antient times the 9 Southern Counties divided by the River of Thames from the rest of England were judged namely Kent Sussex Surrey Berkeshire Wiltshire Southampton Somersetshire Dorset and Devonshire At length the Danes dominering in the Land a third Law sprang up which was called Danelega that is the Law of the Danes by which Law heretofore the 15 Eastern and Northern Counties were judged to wit Middlesex Suthfolk Northfolk Herthfordshire Cambridgeshire Huntingdonshire Lincolnshire Nottâ—nghamshire Derbyshire Northamptonshire Leicestershire Buckinghamshire Beddefordshire and Yorkshire which County of York heretofore contained all Northumberland from the water of Humber to the River of Twede which is the beginning of Scotland and is now divided into six Shires Now out of the foresaid three Laws Merchenelega West-Saxenelega and Danelega this King Edward set forth one common Law which even to this day is called the Law of Edward The like is recorded by Hygden in his Polychronicon l. 1. c. 50. Mr. Iohn Fox in his Acts and Monuments vol. 1. p. 213 214. Samuel Daniel his Collection of the History of England p. 22. Iohn Speed his History of Great Britain p. 410. Fabian Hâ—linshed Caxton Grafton and others almost in the self-same words These Laws are no where extant in any Manuscripts or printed Authors as they were originally compiled and digested into one body by him and his Barons but as they were presented upon Oath to and confirmed by King William the Conqueror in the 4th year of his reign of which Ingulphus Abbot of Croyland in the close of his History to which they are annexed in some Manuscripts gives us this account flourishing in that age Attuli eadem vice mecum de Londonâ—is in meum Monasterium Leges aequissimi Regis Edwardi quas Dominus meus inclytus Rex Willielmus autenticas esse et perpetuas per totum Regnum Angliae inviolabiliter tenendas sub paenis gravissimis proclamarat et suis Insticiariis commendarat eodem idiomate quo editae runt ne per ignorantiam contingat nos vel nostros aliquando in nostrum grave periculum contraire offendere ausu temerario regiam majestatem ne in ejus censuras rigidissimas improvidum pedem ferre contentas saepius in eisdem hoc modo These Laws are partly Ecclesiastical partly Civil recorded by Roger de Hoveden Annalium pars posterior p. 611. to 631 by Mr. Lambard in his Archaion Henry de Knyghton de Eventibus Angliae l. 2. c. 4. Spelmanni Concili p. 613. Mr. Iohn Selden ad Eadmâ—rum Notae Spicelegium p. 172. to 195 Mr. Iohn Fox his Acts and Monuments vol. 1. p. 214. wherein those who please may peruse them â—n these Laws it is observable 1. That all capital corporal pecuniary punishments fines for criminal offences and all reliefs services and duties to the King are reduced to a certainty not lefâ— arbitrary to the King his Iustices or other Officers for the Subjects greater liberty ease and security 2. That they protect preserve the Possessions Privileges Persons of the Church and Clergy from all Invasion injury violence disturbance and specially enact That not only all Clerks and Clergy men but all other persons shall enjoy the peace of God and the Church free from all assaults arrests and other disturbances whatsoever both on Lords-days Solemn Festivals and other times of publike Church meetings eundo subsistendo redeundo both in going to continuing at and returning from the Church and publike duties of Gods worship or to Synods and Chapters to which they are either summoned or where they have any business requiring their personal presence wherewith the Statute of 8 H. 6. c. 1. concurs as to the later clause Therefore all Quakers Anabaptists and others who disturb affront and revile assault or abuse our Ministers or their people as many now doe in going to or returning from the Church or whiles they continue in it as well before or after as during Divine Service Sermons or Sacraments there administred may and ought by the Common Law of England confirmed both by Confessor and Conquerour in their Parliamentary Councils to be duly punished as Breakers of the Peace by all our Kings Justices and Ministers of publike Iustice being ratified by Magna Charta c. 1. and the Coronation Oaths of all our Kings which all our Judges and Justices are bound to observe To keep to God and holy Church to the Clergy and to the People Peace and Concord entirely according to their power especially during the publike worship of God in the Church and in going to tarrying at and returning from the duties which they owe unto him both as his Creatures and Servants And to grant keep and confirm the Laws Customs