The first moity was for Pious uses which he subdivided into three parts The first parcel he bestowed in Almes to relieve the poor both at home and in forein parts The second he bestowed on Religious Houses and Persons The third he gave towards the maintenance of Schools Scholars Doctors and learned Men of all sorts resorting to and liberally rewarded by him according to their merits The other moity was for civil uses which he likewise divided into 3 equal portions The first he gave unto his Souldiers whom he divided into 3 Squadrons The first Squadron which were Horse waited one month on him at his Court as his Life-guard whiles the other two were imployed in military expeditions in the Field And when their month expired they all returned from the wars and then another new Company succeeded them And when their Month was ended they returning to their Houses the other Company succeeded them And so they successively kept their monthly courses during all his Reign being one month in actual service and two months at home about their own affairs The second part he gave to his Workmen and Artificers of all sorts skilfull in all Worldly affairs The third part he gave to Strangers in Royal Gifts and Presents and that as well to the Rich as Poor Besides he had a very great Care Ne à Vicecomitibus et Ministris pauperes opprimereâ—tur et indebitis exactionibos gravarentur That the poor people should not be oppressed by Sheriffs and other Officers nor burthened with unjust Exactions or Contributions Yea by his large Almes and Gifrs he sent to Rome he procured the English School to be fréed from all Taxes and Tributes by the Popes special Bull. And we never read he imposed the least publick Tax upon his Subjects during all his wars and Exigences by his own Regal Power upon any pretext of publick Necessity Danger Defence or Safety of the Realm against the Numerous Invading plundering Danish forces both by Sea and Land Which our late and present Aegyptian Tax-masters may do well to consider In the year of our Lord 894. this King Alfred and Guthurn the Dane gave to the Church of St. Cutbert in Durham all the Lands between Weor and Tyne for a perpetual Succession free from all Custome and secular Services with all Customes Saca and Socua and infaugtheof thereunto belonging with sundry other Privileges which they ordained to be perpetually observed Non solum Anglorum sed et Danorum consentiente et collaudante exercitu by the consent and approbation of the ARMY not only of the English but Danes also Has Leges haec Statuta which proves that it was done by a Parliamentary Counsell then held in both their Armies Quicunquâ— 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 the Reader may peruse them where in 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 anywriting 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 again 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 praestarent ita hostes contemptui militâ—bus Regi risui erant as Malmesbury writes The Country people themselves fighting with the Danes at Ligetune put them to flight recovered all the prey they had taken and likewise the Danes Horses as they likewise did in some other parts Amongst other places this King repaired the walls of Colchester put warlike men in it certum eis stipendium assignavit and assigned them a certain stipend as Mat Westm records neither he nor other our Historians making mention of assigned wages to any other Garrisons or Souldiers in that age At last the Danes in most places throughout England perceiving King Edwards power and wisdom submitted themselves unto him elected him for their King and Patron 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
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 Jerusalem in pilgrimage out of conscience to expiate the wilfull murder of his Cosen Breunâ— 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 fit 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 Even 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 Sywara 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 buckler 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 Waltcof his Son was then but an insant his Earldom was given by the King to Tosti son of Earl Godwin 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 Concilto 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 Edwards 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 Heâ—ford 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 infotmed of it commanded an Army to be presently assembled out of all England which meeting together at Gloucester 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 Hereford he enviroued 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 between 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
tam Scotiae quam Angliae confirmatum est Quod si aliquis temerarius infringere audebit magnae pecuniae damno obnoxius erit perpetuo Anathematis gladio ab ecclesiâ seperabitur as Richard Prior of Hagustald records Anno Domini 708 Egwin Bishop of Worcester procured king Kenred and Offa by their Charters to grant and confirm many Lands and Privileges to the Abbey of Evesham which Pope Constantine likewise ratified by his subscription at Rome as well as these kings in the presence of many Archbishops Bishops Princes and Nobles of divers Provinces who commended and approved their Charters and Liberality In pursuance whereof Pope Constantine writ a Letter to Brithwald Archbishop of Canterbury to summon Concilium totius Angliae a Council of all England to wit of the Kings Bishops Religious persons of Holy Orders Optimatesque Regni cum proceribus suis with the Nobles and great men of the Realm who being all assembled together in the name of the Lord The Archbishop should in their presence read the Charters of these Kings and the Popes confirmation of them that they might be confirmed by the favour and assent of the Clergy and the people and consecrated with their Benediction Whereupon king Kenred and Offa after their return from Rome assembled a General Council in a place called Alne where both the Archbishops Brithwald and Wilfrid with the rest of the Bishops Nobles and these two Kings were present wherein Donationes omnes confirmatae sunt all these their Donations and Charters were confirmed and likewise in another Synod at London An. 712. A most pregnant evidence that these kings Charters and Donations though ratified by the Pope himself were not valid nor obligatory to their successors or people without their common consent to and confirmation of them in a general Parliamentary Council of the Prelates Nobles Clergy and Laity even by the Popes and these kings own confessions and practice in that age In the year of our Lord 716. Ethelbald king of Mercians by his Charter gave to God the blessed Virgin Saint Bartholomew Kenulphus the whole Isle of Croyland to build a Monastery and confirmed it to them for ever free from all Rent and secular services inde Chartam suam in praesentia Episcoporum Procerumque Regni sui securam statuit all his Bishops and Nobles of his Realm assenting to and ratifying this Charter of his both with the subscriptions of their names and sign of the Cross as well as the King that so it might be firm and irrevocable being his demesne Lands which Charter is at large recorded in the History of Ingulphus About the year of Christ 720. some fabulously write that king Ina took Guala daughter of Cadwallader last king of the Britons to wife with whom he received Wales and Cornwal and the blessed Crown of Britain Whereupon all the English that then were took them wives of the Britons race and all the Britons took them wives of the illustrious blood of the English and Saxons which was done Per commune Concilium et assensum omnium Episcoporum ac Principum Procerum Comitum et omnium Sapientum Seniorum et populorum totius Regni aâ—â—embled together in a 〈◊〉 Parliamentary Council Et per praeceptum Regis Inae whereby they became one Nation and Peoplâ— Afâ—er which they all called that the Realm of England which before was called the Realm of Britain and they all ever after stood together united in one for common profit of the Crown of the Realm and with a unanimous consent most fiercely fought against the Danes and Norwegians and waged most cruel wars with them for the preservation of their Country Lands and Liberties An. 705. King Ina by his Royal Charter granted and confirmed many Lands to the Abbey of Glastonbury endowing that Abbey and the Lands thereto belonging with many large and great Privileges exempting them from all Episcopal Jurisdiction and from all regal exactions and services which are accustomed to be excepted and reserved to wit from Expedition and building and repairing of Castles or Bridges from which they should inviolably remain free and exempted and from all the promulgations and perturbations of Arch-Bishops and Bishops which privileges were formerly granted and confirmed by the ancient Charters of his Predecessors Kenewalcus Kentwin Ceadwalla and Baldred This Charter of his was made and ratified by the consent and subscription not only of king Ina himself but also of Queen Edelburga king Baldred Adâ—lard the Queens Brother consentientibus etiam omnibus Britanniae Regibus Archiepiscopis Episcopis Ducibus atgue Abbatibus all the Kings Archbishoâ—s Bishops Dukes and Abbots of Britain consenting likewise thereunto many of which subscribed their names unto it being assembled in a Parliamentary Council for that end King Ina In the year 727. travelling to Rome built there a school for the English to be instructed in the faith granting towards the maintenance of the English Scholars there a penny out of every house within his Realm called Romescot or Peterpence to be paid towards it every year All which Things and Tax That they might continue firm for perpetuity Statutum est generaâ—l decreco c. were confirmed by a general decree of a Parliamentary Council of his Realm then held for that purpose of which before more largely In the year of our Lord 742. There was a Great Parliamentary Council held at Clovesho or Clyffe where Ethelbald King of Mercia sate President with Cuthbert Archbishop of Canterbury the rest of the Bishops sitting together with them diligently examined things necessary concerning Religion and studiously searched out of the antient Creeds and institutions of the holy Fathers how things were ordered according to the rule of equity in the beginning of the Churches birth in England whiles they were inquiring after these things and the antient privileges of the Church at last there came to their hands the Liberty and Privileges which King Withred had granted to the Chuâ—ches in Kent which being read before all by King Ethelbalds command they were all very well pleased therewith and said unanimously That there could not be found any so noble and so prudent a Decree as this formerly made touching Ecclesiastical Discipline and therefore Hoc ab omnibus firmari sanxerunt decreed that it should be confirmed by them all Whereupon King Ethelbald for the salvation of his soul and stability of his kingdom confirmed and subscribed with his own munificent hand That the Liberty Honour Authority and security of Christs Church in all things should be denied by no person but that it should be free from all secular services with all the lands pertaining thereunto except Expedition and building of Bridge and Castle And like as the said King Withred himself ordained those privileges should be observed by him and his so he and this Council commanded they shall continue irrefragably and immutably
Kenulph After the decease of her father the Tort Feasor 4ly That the same cause and complaint was revived continued ended in succeeding that rested undecided and unrecompensed in former Councils 5ly That Agreements Exchanges and Judgements given upon Complaints in Parliamentary Councils were conclusive and final to the Parties and their Heirs 6ly That Injuries done by the power of our Kings or great Men in one Parliamentary Council as in dividing the Archbishoprick of Canterbury c. were examined redressed by another subsequent Council 7ly That Parliamentary Councils in that Age were very frequently held at least once or twice a year if not interrupted by wars and that usually at Clovesho according to the Decree of the Council of Heartford under Archbishop Theodor That the Bishops once a year should assemble together in a Council at Clovesho as Gervasius Doroberniensis records there being 4 Councils there and elsewhere held in King Beornulfs 4 years reign I find m another Council held at Clovesho in the year 824 the 3. of the Calends of November under Beornulf King of Mercians and Wulfred Archbishop of Canterbury where this King which all his Bishops and Abbots and all the Princes Nobles and many most wise men weâ—e assembled together Amongst other businesses debated therein there was a sute between Heabere Bishop of Worcester and the Nuns of Berclea concerning the inheritance of Aethelfrick Son of Aethelmund to wit the Monasterie called West-Burgh the Lands whereof with the Books the Bishop then had as Aethelfrick had before commanded that they should be restored to the Church of Worcester This Bishop with 50 Mass Priests and 160 other Priests Deacons Monks and Abbots whose names are recorded in the Manuscript swore that this Land and Monastery were impropriated to his possession and Church which Oath with all these fellow swearers he was ordered to take at Westminster and did it accordingly after 30 nights respire Whereupon It was ordained and decreed by the Archbishop all the Council consenting with him that the Bishop should enjoy the Monastery Lands and Books to him and his Church and so that sute was ended and this Decree pronounced thereupon Quapropter si quis hunc agrum ab illâ Ecclesiâ in Ceastre nititur evellere contra Decreta sanctorum Canonum sciat se facere quia sancti Canones decernunt Quicquid Sancta Synodus universalls cum Catholico Archiepiscopo suo adjudicaverit nullo modo fractum vel irritum esse faciendum Haec autem gesta sunt Hi sunt Testes Confirmatores hujus rei quorum nomina hic infrà notantur à die tertio Calend Novembrium Ego Beornulf Rex Merciorum hanc chartulam Synodalis decreti signo sanctae Christi Crucis confirmavi Then follows the Archbishops Subscription and confirmation in like words with the subscriptions of sundry Bishops Abbots Dukes and Nobles being 32 in number all ratifying this Decree An. 833. Egbert King of West-Saxons Athelwulfe his Son Witlasius king of Mercians both the Archbishops Abbots cum Proceribus majoribus totius Angliae with the greatest Nobles of all England were all assembled together at London in a National Parliamentary Council pro consilio capiendo contra Danicos Piratas Littora Angliae assidne infestantes to take Counsel what to do against the Danish Pirates dayly infesting the Sea-Coasts of England In this Council the Charter of Witlasius king of Mercians to the Abbey of Croyland where he was hid and secured from his enemies was made and ratified wherein he granted them many rich gifts of Plate Gold Silver Land and the Privilege of a Sanctuary for all offenders flying to it for shelter which grant could not be valid without a Parliamentary confirmation for he being elected King omnium consensu after the slaughters of Bernulf and Ludican two invading Tyrants cut off in a short time qui contra fas purpuram induerent regno vehementet oppresso totam militiam ejus quae quondam plurima extiterat victoriosissima sua imprudentia perdiderant as Ingulphus writes was enforced to hold his kingdom from Egbert king of West-Saxâ—ns under a Tribute And thereupon conferring divers Lands by his Charter to this Abbey for ever to be held of him his heirs and Successors Kings of Mercia in perpetual and pure Frankalmoigne quietae solutae ab omnibus oneribus secularibus exactionibus vectigalibus universis quocunque nomine censeantur That his grant might be sound and valid he was necessitated to have it confirmed in this Parliamentary Council by the consent of King Egbert and his Son and of all the Bishops Abbots et Proceribus Majoribus Angliae and the greater Nobles of England there present most of them subscribing and ratifying this Charter with the sign of the Cross and their names About the year of Grace 838. there was a Parliamentary Council held at Kingston in which Egbert king of the West-Saxons and his Son Aethelwulfe Ceolnoth Archbishop of Canterbury with the rest of the Bishops and Nobles of England were present Amongst many things there acted and spoken Archbishop Ceolnoth shewed before the whole Council That the foresaid Kings Egbert and Aerhelwulfe had given to Christchurch the Mannor called Malinges in Sussex free from all secular service and Regal Tributes excepting only these three Expedition building of Bridge and Castle which foresaid Mannor and Lands King Baldred gave to Christchurch Sed quia ille Rex cunctis Principibus non placuit noluerunt donum ejus permanere ratum But because this King pleased not all his Nobles they would not that this his gift should continue firm To which Sir Henry Spelman adds this Marginal Note Rex non potuit distrahere patrimonium Regni sine assensu Procerum Wherefore the foresaid Kings in this Parliamentary Council with their Nobles assent at the request of the said Archbishop regranted and confirmed it to Christchurch with this Anathema annexed against the infringers of this grant If any shall presume to violate it on the behalf of God and of us Kings Bishops Abbots and all Christians let him be separated from God and let his portion be with the Devil and his Angols Polydor Virgil records that King Athelwulfe in the year 847. going in pilgrimage to Rome repaired the English School there lately burned down and in imitation of King Ina made that part of his Kingdom which Eghert his Father had added Tributary towards it Legeque sancibit and enacted by a Law made in a Parliamentary Council that those who received 30 pence rent every year out of their possessions or had more houses should pay for those houses they inhabited every of them a penny a peece to the Pope for the maintenance of this School at the Feast of Peter and Paul or at least of St. Peters bonds which Law some writes he though falsely ascribr to his Son Alfred which act others refer to the years 855 or 857 and that
omnium quae habebit and if any fought or drew any weapon in the Kings house and was apprehended sit in arbitrio Regis sit vita sit mors sicut ei condonate voluerit Lex 8. because it might endanger the kings person This king Alfred made two special Laws for securing even Leets and Inferiour Courts of Iustice from armed violence and disturbances by fighting which I shall recite Lex 41. Si quis coram Aldermaâ—no Regis pugnet In publico emendet Weram Witam sicut rectum sit supra hoc CXX s. ad Witam Lex 42. Si quis Folemot id est populi placitum Armorum exercitione turbabit emendet Aldermanno CXX s. Witae id est foris factuâ—ae What Fines and punishments then do they deserve who not only fight before and disturb Aldermen and Leets with their Armes but even disturb fight and use their Armes against our Aldermen themselves yea all the Aldermen Peers and Great men of the Realm assembled in the highest greatest Parliamentary Councils and over-awe imprison secure seclude and forcibly dissolve them at their pleasures as some of late times have done beyond all former Presidents During the reign of this Noble king Alfred Gythro the Dane sometimes stiled Godrin or Guthurn Anno 878. with an invincible Army running over all the Coasts of England wasiing the Country and depopulating all sacred places wheresoever he came quicquid in auro et argento rapere potest Militibus erogavit and seising upon loca quaeque munita forced King Alfred being so distressed that he knew not what to do nor whither to turn himself to retire and save himself in the Isle Aethelingie for a season till recollecting his scattered Subjects and Forces together he vanquished Githro and his Army in a set battel at Ethendune and then besieging him and his remaining forces 15 dayes in a Castle to which they fled compelled them by Famine and the Sword to make peace with him upon this Condition ut Regni et Regis infestationem perpetuo abjurarent That they should perpetually abjure the infesting of the King and Realm and that they should turn Christians which they accordingly performed Githro with 30 of the choicest men in his Army being baptized at Alve 15 days after king Alfred being their Godfather and giving him the name of Aethelstane After which Alfred feasting him and his Captains 12 days in his Court gave Githro Eastengland to inhabit wherein king Edmund reigned to be held of and under him Whereupon Githro and his Danes An. 879. leaving Cirencenster marched into the East parts of England which he divided amongst his Souldiers who then began to inhabit it by Alfreds donation Upon this accord or some time after King Alfre and Gythro by the Common consent of their Great Councils and wise men made and enacted certain civil and Ecclesiastical Laws for the government of their People and Realms recorded in Bromton Lambert and Spelman where those who please may peruse them the Prologue and 2 first Laws whereof I shall only recite as both pertinent to my purpose and seasonable for our times much opposing the Magistrates coercive power in matters relating to God and Religion Hoc est consiliâ—m quod Alredus Rex et Godrinus Rex eligerunt et condixerunt quando Angli et Dani ad pacem et concordiam plenè convenerunt et Sapientes et qui posteà successerunt saepiùs Hoc est assidâ—è renovantes in bonum semper adduxerunt Cap. 1. Inprimis est ut unum Deum diligere velint et omni Paganismo sedulo renunciare et instituerunt secularem Iustitiam pro eo quod sciebant quod non poterant multos alitèr castigare plures verò Nolebant ad Dei cultum sicut deberent aliâ—è Inclinari et secularem emendationem instituerunt communem Christo et Regi ubicunque Recusabitur Lex Dei justè servari secundum dictionem Episâ—opi Et hoc est primum edictum Ecclesiae Pax intra parietes suos ut Regis Handgrith semper inconvulsa permaneat Cap. 2. Siquis Christanitatem suam malè mutat vel Paganismum veneretur verbis vel operibus reddat sic Weram sic Witam sic Lashlyte secundum quod factum sit that is Let him be fined and ransomed according to the quality of his offence This Noble King Alfred who fought no lesse than 46 bloody Battels with the Danes by Land and Sea for his Countries Liberties Although he was involved in perpetual Wars and Troubles with the Danish Invaders all his daies as our Historians and this his Epitaph Demonstrates Nobilitas innata tibi probitatis Honorem Armipotens Alurede dedit Probitasque laborem Perpetuumque Labor nomen cui mixta dolori Gandia semper erant spes semper mixta timori Si modò victus er at ad crastina bella parabat Si modò victor erat ad crastina bella pavebat Cui vestes sudore jugi cui sica cruore Tincta jugi quantum sit onus regnare probarunt Non fuit immensi quisquam per climata mundi Cui tot in adversis vel respirare liceret Nec tamen aut ferro contritus ponere Ferrum Aut Gladio potuit vitae fiuisse Labores I am post transactos Regni vitaeque Labores Christus ei fit vera quies sceptrumque perenne Yet these things are remarkable in him 1. That he most exactly and justly governed his people by and according to his and his Predecessors known Laws in the midst of all his Wars not by the harsh Laws of Conquest and the largest Sword 2. That he advanced Learning and all sorts of Learned Men erecting Schools of Learning and the famous University of Oxford which he founded or at least refounded when decayed in the heat of all his Wars and Troubles 3. That he was so far from spoyling the Church and Churchmen or any other his Subjects of their Lanâ—s Tithes or Revenues to maintain his perpetual Wars against the impious Pagan Danes who destroyed all Churches and Religious as well as other Houses where ever they came that he not only prepared adorned endowed many old deoayed Churches and Monasteries but likewise in the year 888 he built two new Monasteries of his own at Ethelingei and Shaffâ—esbury and endowed them with ample riches and possessions and by sundry Charters gave several Lands to the Churches of Durham Worcester and Canterbury Moreover he not only duly paid Tithes and other Duties to the Church himself but also by his Laws enjoyned all his Subjects under sundry mulcts justly to pay Tithes and Churchels to their Priests and Ministers with all other Duites and Oblations belonging to the Church for the maintenance of the Ministers and Gods worship together with Peterpence for the maintenance of the English School at Rome prohibiting all men to invade the Churches Rights and Possessions under severe penalties 4. That he equally divided all his annual Revenues into two equal parts
elected King at Winchester in the year 924. Magno Optimatum consensu et omnium favore and solemnly Crowned at Kingston only one Alfred and some factious ones opposed his election pretending he was illegitimate and born of a Concubine whereupon they would have set up his Brother Edwin being legitimate and next heir as they pretended whom the Generality of the Nobles rejected nondum ad regnandum propter teneros Annos Idoneo Aethelstan after his Coronation knowing his Brother to be born in lawfull Matrimony and fearing Ne per ipsum quandoque Regni solio privaretur lest he should be some time or other deprived of his kingdom by him hated him extremely and at the sollicitation of some Parasites whereof his Cup bearer was the chief to be rid of him and this his fear he caused young Edwin attended only with one Page to be put into an old broken Boat in the midst of the Sea without Sail Oare or Pilate that so his death might be imputed to the waves out off which Boat the young Prince in discontent cast himself head-long into the Sea or rather the Page threw him head-long over-board and so was he drowned But the Page recovering his body by rowing with his hands and feet brought it to Land where it was interred The King was hereat so troubed with a real or feigned contrition for this barbarous bloudy fact that he did seven years voluntary penance for this his fratricide and adjudged his Cup-bearer to a cruel death who gave him this ill advice and to pacifie his Brothers Ghost and his own Conscience built two new Monasteries at Middleton and Michelresse and there was scarce any old Monastery in England which he adorned not either with buildings or Ornaments or Books or Lands to expiate this his bloody crime In this king Aethelstans reign In the year 927. There were fiery Beams and Meteors seen throughout all the Northern parts of England soon after which Athelstan resolved utterly to extirpate the perfidious Nation of the Danes and treacherous Scots which had violated their Agreement made with his Father whereupon he marched with a great Army by Land and Navy by Sea into Northumberland and Scotland wasted and harrowed the Country without resistance forced Guithfrith King of Northumberland out of his kingdom uniting it to his own Realm vanquished and overcame Howel king of Wales Constantine king of Scots Anlafe the Dane and others in a set battel drove them out of their Realms and forced them to submit to him Who upon their submission knowing the chance of war to be variable and pitying the Cases of these down-cast Princes restor'd them presently to their former estates with this Princely Speech That it was more honour to make a king than to be a king yet these petty Kings Princes rebelling afterwards siding with Anlafe against him were all rouâ—ed by Athelstane King Constantine of Scotland with five more of these Kings 12 Dukes and most of their Army slain in one battel principally by the valor of Turketulus and the Londoners An. 837 Whereupon the petty Kings of Wales contracted to pay him a yearly tribute of 20 pound weight of Gold and 300 of Silver and 25000 head of Cattel with a certain number of Hawks and Hounds which no King of England ever exacted or received from them before William of Malmeshury who exceeds in his praises writes that it was truly reported of him amongst the English Quod nemo Legalius vel literatius rempublicam administraverit That no king governed the Commonwealth more legally or learnedly than he being as Ingulphus records guided and directed by Turketulus his Chancellour a man of great integrity honesty and piety of profâ—und judgement whose decrees upon debate were irrefragâ—ble This king Athelstan for the better administration of Justice enacted sundry excellent civil and ecclesiastical Laws recorded in Bromt. Lamb. Spelm. The first of these his Laws were made and enacted in the famous Couneil of Grately about the year 928 in which the king himself Wulfehelm Archbishop of Came bury and the rest of the Bishops and all the Nobles and Wisemen which King Ethelstan could assemble were present who all ordained and confirmed these Laws in this great Council as the last Chapter 〈◊〉 of informs us in these words Totum hoc institutum est et confirmatum In magno Synodo apud Grateleyam cui Archi piscopus 〈…〉 et omnes Dptimates et Sapientes quos Adelstanus Rer potuit Congregare Or Cum. Dptimates et Sapientes ab Aethelstano evocati frequentissimi as another Copy renders it which proves that all the Members of this Council were summoned to it by this kings writ and not elected by the peoples suffrages And although the Archbishops Bishops and other Clergy men were the chief advisers of the Ecclesiastical Laws made in this Council as this Prologue to them attests Ego Aethelstanus Rex ex prudenti Uâ—fhelmae Archiepiscopi aliorumque Episcoporum et Servorum Dei consilio mando yet they were all enacted and confirmed by all the Nobles and Wisemen in the Council as the premises evidence In this Council the king commanded by his Laws all his Officers that they should demand and exact from his Subjects such things and duties only as they might justly and lawfully receive adding this memorable reason for it Nunquam enim erit populo bene consultum nec digne Deo conservabitur ubt Lucrum impium et magis falsum diligitur Ideo debent omnes amici Dei quod iniquum est enervare quod justum est elevare non pati ut propter falsum et pecuniae quaestum se forisfaciant homines ergà â—ere â—apâ—entem Deum cui displicet omnis injustitia Which I wish all our unrighteous covetous Tax-masters Excisers and Exacters would now seriously consider After which it follows Christianis autem omnibus necessarium est ut rectum diligant ut iniqua condemnent et saltem sacris Ordinibus erecti justum semper erigant et prava deponant Hinc debent Episcopi cum saeculi Judicibus interesse Judiciis ne permittant si possint ut illinc aliqua pravitatum germina pullulaverint And to avoid all arbitrary proceedings oppressions and Injustice in all things this Council by positive Laws ascertains all fines amerciaments imprisonments and corporal punishments for criminal offences from which the Judges might not vary And withall defines what Armes every man should find in those times of war against the Danes and other Enemies by his positive Law Lex 21. Sax. 16. Omnis homo habebit duos homines cum bonis equis de omni Carucâ King Ethelstane after this Council at Grately what years is not expressed assembled several other Parliamentary Councils at Exeter Fevresham and Thunderfeld wherein he and his Wisemen by common consent confirmed the Laws made at Grately altering some of them in certain particulars and adding some new Laws unto them as you may
Brithnodus Odonis filius veneruut ad Concilium ex ore Regis ut omnis praepositus vadium capiat in suo comitatu de pace servandâ sicut Adelstanus Rex apud Fefresham et quartâ vice apud Thundresfeldam coram Archiepiscopo et Episcopis et Sapientibus quas ipse Rex nominavit qui interfuerunt et judicia conservaverunt Quae in hoc Concilio fuerunt instituta c. Cap. 18. Item quod Adelstanus Rex praecepit Episcopis suis et praepositis omnibus in toto Regno suo ut pacem it a custodiant sicut recitavit et Sapientes sui Cap. 19. Item Rex dixit nunc iterum apud Thitlan birig Sapientibus suis et praecepit ostendi Atchiepiscopo et caeteris Episcopis quod ei miserabile videtur quod aliquis tà m juvenis occidatur vel protà m parvâ re sicut innotuit ei quod ubique fiebat dixit itaque Quod ei videbatur et eis cum quibus hoc egerat ne aliquis occidatur junior quam quindecim Annorum nisise defendere velit vel aufugere et in manus ire velit ut tunc deducatur sir major sit minor qualiscunque sit si se dederit ponatur in Carcere sicut apud Greateleyam dictum est et per idem redimatur c. Praecepit Rex ne aliquis occidatur pro minori precio quam 12 d. nisi fugiat vel repugnet ne dubitetur tunc licet minus Si haec ita conservemus in Domino Deo confidimus quod pax nostra melior erit quam antea fuit As these passages demonstrate the proceedings of the Parliamenrary Councils in that Age unknown to most for which end I have transcribed them at large so they clearly prove that Theeves or Felons much lesse other English Freemen could not be imprisoned killed put to death fined or ransommed but by special Acts and Laws made in General Parliamentary Councils nor any Laws made enacted or altered in such Councils but by the Kings Royal Assent thereto who then frequently summoned them and all the Members ofthem by writ and nomination without the Peoples Election Henry de Knyghton de Eventibus Angliae l. 1. c. 5. and some other fabulous Authors relate that in the eighth year of King Aethelstans reign Olaus King of Denmark Golanus King of Norwey and the Duke of Normandy with 8 Dukes and 5 hundred thousand Souldiers arived in England bringing with them out of Africa A Giant called Colybrand the strongest and most famous at that time throughout the World Whereupon King Aethelstan hearing of their comming Congregavit Magnates assembled his Noblemen at Winchester to advice with them how they might resist the Enemies and fight with them in Battel Thar whiles king Aethelstan vacaret tali Concilio et congregatione populi sui in Wintonia the foresaid kings came upon him with their Army and besieged him Cum Baronia sua with his Batons in that City for two years space Neither durst the English fight with them by reason of their multitude and Power In the mean time they made this Agreement that king Aethelstan should find out one Champion to fight a single Duel with Colybrand that in all future times the Realm of England should be held of the King of Denmark under a Tribute and if Colybrand were conquered by Aethelstans Chamâ—ion then Olaus should forfeit and disclaim the Realm of England for him and his Heirs for ever and no King of Denmark should afterwards lay claim to the Realm of England nor yet molest it That the king in near one whole years space could not find out a Champion to encounter Colybrand whereupon he and his Nobles were very much troubled At last God by an Angel from Heaven directed the King to find out Guy of Warwick comming thither as a Pilgrim who undertook to encounter Colybrand and after a sharp battel with him in the view of both kings and their Armies cut off one of his hands and after that his head By which Victory the whole Land of England enjoyed the unviolated privilege of rest and Liberty from the Danish king untill Cnute king of Denmark gained the Realm of England from Edmund Ironside But this Relation being contrary to the truth of History and the Stream of all our Historiographers I shall repute it meerly fabulous though I could not well omit it for that Relation it hath to this my Theame anâ— precedent Propositions William of Malmesbury and others out of him record that Elfrid a Noble man who opposed Aethelstans Title to the Crown though in vain intended to have seized on him at Winchester and put out his eyes but his Treason being discovered before it came to the Accomplishment he was taken and sent to Rome to purge himself by Oath where before the Altar of St. Peter and Pope Iohn the 10th he adjured the fact and thereupon fell suddainly down dead to the Earth and being carried from before the Altar by his Servants to the English School he there died within three daies after Upon this the Pope sent to the king to advise what he should do with him and whether he should allow him burial with other Christiaâ— Corps The king hereupon assembling a Council of his Nobles to advise about it Optimates Regionis the Nobles of the Realm with a great Company of Elfrids kindred earnestly requested of the King with great humility that his body might be committed to Christian Burial The King consenting to their Request acquainted the Pope therewith who granted him Christian Burial though unworthy Hereupon the Nobles adjudged all his Lands and Possessions great and small to the King who by their consent granted and confirmed them all to the Abby of Malmesbury by his Charter wherin he recites Sciant Sapientes regionis Nostrae non has praefatas terr as me injustè Rapuisse Rapinamque Deo Dedicasse sed sic eas accepi Quemadmodum judicaverunt omnes Optimates Regni Anglorum Insuper et Apostolicus Papa Romanae Ecclesiae Johannes After which reciting the Treachery perjury and death of Elfred with his Condescention to his Nobles and friends request aforesaid he concludes thus Et sic Adjudicata est mihi tota possessio ejus in magnis et modicis Sed et haec Apicibus praenotamus literarum ne quamdiâ— Christianitas regnat aboleatur unde mihi praefata possessio quam Deo et Sancto Petro dedi donatur nec Justius novi quam Deo et sancto Petro hanc possessionem dare qui aemulum meum in conspectu omnium cadere fecerunt et mihi prosperitatem Regni largiti sunt To which Malmesbury subjoyns In his Verbis Regis sapientiam et pietatem ejus in Dei rebus suspicere par est Sapientiam eo quod animadverterat juvenis presertim non esse Dei Gratiosum de Rapinâ Holocaustum Pietatem eo quod Munus ultione divinâ— collatum Deo potissimum non ingratus rependeret From whence I shall only observe
he would from thenceforth be a more bitter Enemie towards St. Cuthbert and them all than ever he was before Whereupon the Bishop with all his Monks falling prostrare on the earth earnestly prayed to God and his holy Confessor to annul those proud Tyrants Threats who was then comming into the place where they were praying having one foot within the Door and the other without in which posture he stood there immovably fixed as if both his feet had been nayled being able neither to go out nor come in but standing immovable till being long thus tortured he there gave up his miserable soul in the place with which example all others being terrified would no further presume by any means to invade the Land nor any thing else belonging of right to the Church Anno 941. the Rebellious o Northumberlanders preferring disloyalty before the Fealty which they owed unto Magnificent Edmund King of England elected Anlaff King of the Norwegians for their King Son to the former Anlaff who perishing suddenly for his Sacrilege as aforesaid he and Reginald the Son of Garthfrith after their Baptism breaking their faith and Agreement with King Edmund by invading his Dominions Edmund thereupon by force of Armes expelled them both out of the Realm of Northumberland and united it to his own kingdom and wrested Lincoln Nottingham Derby Leicester and Stamford out of the hands of the Usurping insolent oppressing Danes with all Mercia subduing and reducing the Monarchy of all England unto himself extirpating all the Pagan Danes with their infidelity restoring Christianity to its Lustre and the English to their Possessions and Liberties The year following he wasted and subdued all Cumberland and pillaged the people of all their goods And because the people of that Country were perfidam legibus insolitam perfidious and unaccustomed to Laws so that he could not totally subdue and civilize them having harrowed it with his Army and put out the eyes of the two sons of Dummail King thereof he gave the Country to Malcolm King of Scots to be held of himself upon this Condition that he should assist him and defend the Northern parts of England by Land and Sea from the Incursions of invading Enemies This King Edmund after the Conquest and Expulsion of his Enemies by the advise of Dunston and his Chancellour Turketulus made good Lawes and ordinances Ecclesiastical and Civil for the Government of his Realm for which purpose about the year of our Lord 944 he assembled a Parliamentary Council of the Clergy Laity at London to consult and advise with them in the making of his Lawes Which the Proems to them thus expresse Edmundus Rex ipso solenni Pascatis festo Frequentem Londini tam Ecclesiasticorum quam Laicorum Caetum celebravit as one version out of the Saxon Or Congregavit magnam Synodum Dei ordinis et saeculi as another translation renders it cui interfuit Odo et VVulstanus Archiepiscopi et alii plures Episcopi ut animorum suorum et corum omnium qui eis curae sunt consuleretur saluti And this Proem of King Edmund himself thus seconds Ego Edmundus Rex omnibus qui in ditione ac potestate meâ sunt senibus juvenibus clare significo Me à scientissimis Regni mei in celebri Ecclesiasticorum quam Laicorum frequentiâ studiose requisiviâ—â—e quo tandem pacto Christiana proveheretur fides c. Or Mando praecipio omni populo Seniorum Juniorum qui in Regione mea sunt Ea quae Investigans Investigavi cum Sapientibus Clericis Laicis In this Council there were three parcels of Laws made the one meerly Ecclesiastical the other meerly Civil the third mixt of boâ—h And in this Council I conceive the Constitutions of Archbishop Odo were read and ratified The greatest part of the Civil Laws there made were against Murder bloodshed fighting breach of Peace Theft and Perjury In the last parcel of these Laws cap. 5. The King gives God and them thanks for assisting him in making these Laws in these words Maximas autem Deo vobis omnibus ago gratias Qui me auxilio vestro in hac pacis quam nunc ad profligandos sures sancivimus Le ge adjuvistis ac vehementèr confido eo vos propensius Nobis in posterum opitulaturoâ— quo hujus Decreti observatio magis videbitur necessaria About the same year 944. this King assembled another Parliamentary Council of his Bishops and Wisemen at Culinton where they enacted 7 other Laws Principally against Theeves together with an Oath of Allegiance to king Edmund thus prefaced Haec est Institutio quam Edmunds Rex Episcopi sui cum Sapientibus suis instituerunt apud Culintoniam de pace Juramento faciendo The two first of these Laws I shall transcribe as pertinent to my Theam Cap. 1. Imprimis ut omnes jurent in nomine Domini pro quo sanctum illud sanctum est fidelitatem Edmundo Regi Sicut Homo debet esse fidelis Domino suo sine omni controversiâ seditione in manifesto in occulto in amando quod amabit Nolendo quod nol uit etÌ„ antequam Iuramentum hoc dabitur ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo Cap. 2. Vult etiam ut ubi fur pro certo cognoscetur Twelfhindi et Twifhindi that is meu of 600 or 200 s. Land by the year consocientur et exuperent eum vivum vel mortuum alterutrum quod potâ—runt et qui aliquem eorum infaidiabit qui in eâ quaestione fuerint sit inimicus Regis et omnium Amicorum ipsius Et si quis adire negaverit et coadjuvare nolit emendat Regi cxx s. vel secundum hoc pernegat quod nescivit et hundredo xxx s. From whence it is apparent That all Oaths of Allegance and Laws against Theeves and other Malefactors were then made and enacted in Parliamentary Councils assembled for that purpose and all fines for offences imposed and reduced to a certainty only by Parliament And by the last parcel of King Edmunds Laws in Bromton it seems the manner of contracting Marriage was then prescribed and setled by a Parliamentary Council This King Edmund as he gave and restored by his Charters to Christ-Church and St. Augustines in Canterbury several Lands unjustly taken away from them by his Predecessors free from all secular services except expedition and building of Bridge and Castle and ratified the Laws and Privileges of St. Cutberts Church at Durham by consent of his Bishops and Nobles So likewise Anno 944. he granted by his Charter written in golden Characters sundry large Liberties together with â—he Mannor of Glastonbury to the Abbey of Glustonbury Consilio et consâ—nâ—u Op imatâ—m meorum then assembled in a Parliamentary Council at London ratifying the Privileges grâ—nted to the Monastery by King Edmund his Father Eâ—frid Ceâ—twine
PENDERETUR STATUTO and appointed a Tribute which should be paid to the Sea forces and then departed from each other The Daues returned with the great booty they had gotten to their ships with whom the Citizens of London having made a peace DATO PRECIO which they paid a price for they permitted them there to winter The Realm was divided between them both but the Crown remained to Edmond with the City of London Essex East-England and all the Land on the Southside the River of Thames and Cnute enjoyed the North parts of England by mutual consent and agreement of all the Nobles and so this bloudy warr between them after 7. or 8. battels within so many moneths space ceased Soon after this fatal Agreement and partition of the Realm which made Edmond but half a King and England half Denmark that ever trayterous Duke Edric to ingratiate himself the more with Cnute treacherously murdered King Edmond at Oxford of which there are 3. different relations in our Historians Some say that he corrupted the Kings Chamberlains with gifts to murder him in his bed and that King Cnute in the first year of his Coronation caused all of them who had conspired his death by Edric's exhortation to come before him where they declared to the King the Treason they had committed against King Edmond expecting a large reward for it Whereupon the King sent for the Great Men and Nobles of the Realm and made the Traitors to acknowledge their Treason before them and a great assembly of people fearing lest otherwise it should be believed that he had foreplotted the Treason aforelaid and suborned them to execute it After their publick confession thereof he caused them all to be first drawn and then hanged for it l Others write that Edric himself or his Son by his command murdered him at Oxford on St. Andrews night as he was easing nature in an house of Office stabbing him into the bowels with a two-edged knife through the hole of the privy in which one of them lay in wait to murder him leaving the knife sticking in his bowels and him dead in the place And some write that he placed an Image in his Chamber with a bow and arrow ready bent which Edmond admiring at touching the spring which held the bow thus bent the arrow thereupon pierced slew him in the place That before his death was known Edric went to Edmonds wife and taking away her two young Sons from her brought and delivered them to Cnute and then saluted him saying GOD SAVE THEE SOLE KING OF ENGLAND Whereupon Cnute demanding Why he saluted him in this manner He then informed him of King Edmoâ—ds death and how he had murdered him of purpose to make him sole King of England Speed adds That he cut off his Soveraigns head presenting it to Cnute with these fawning salutations All hail thou sole Monarch of England for here behold the head of thy Copartner which for thy sake I have adventured to cut off which no antient Historian mentions Upon this Cnute though ambitious enough in Soveraignty yet out of a Princely disposition sore grieved at such a disloyal treacherous act presently replyed to him I for reward of so great and meritorious a service done for me will this day advance thee above all the Nobles of the Realm After which he caused his head to be cut off then fixed on an high poll and placed on the highest Tower of London for the birds to prey upon Others more agreeable to the truth relate That Cnute in the first year of his reign depriving this Arch-Traitor Edric of the Dukedom of Mercia which he had many years enjoyed thereupon Edric in the feast of Christs Nativity repaired to Cnute at his Palace in London to expostulate with him about it where checking the King over-harshly he upbraided him with the many benefits he had received from him amongst which he mentioned two wherewith he specially provoked him to anger saying Most dear King you ought not to speak harshly to me nor suffer any evil to be done unto me for you had never enjoyed the Realm of England but by my means For out of love to thee I have first betrayed King Ethelred after that I deserted Edmond my proper and natural Lord and afterwards I foreplotted his death and murdered my just and true liege Lord out of my fidelity towards thee to bring the whole kingdom unto thee and dost thou so lightly vilify so great love conferred on thee for which I never received any benefit or profit from thee At which speeches Cnute changing his countenance expressing his fury by its redness presently pronounced this sentence against him saying And thou shalt deservedly die thou most perfidious Traitor seeing by thy own confession thou art guilty of Treason both against God and me who hast slain thine own Soveraign and natural King and my dear confederate Brother His bloud be upon thy head because thou hast stretched out thy hand against the Lords anointed And lest a tumult should be raised among the people he commanded him to be there presently strangled in his palace and his body to be cast through a window into the river of Thames to be devoured of the fishes as some or hanged upon London walls unburied to be devoured by birds as others story At which time Duke Norman son of Duke Leofwin Captain of Edrics guard Aethelward son of Duke Agelmar and Brihtricus son of Alphege Earl of Devonshire with many others of Edrics followers were likewise slain without offence together with Edric because Cnute feared he should one time or other be circumvented by the treacheries of this old perfidious Traitor hearing his former natural Lords Ethelred and Edmond had frequently been betrayed by him quorum diutina proditione alterum vexavit alterum interfecit there being no trust to be reposed in such a Traytor to his Soveraigns Thus this inveterate Arch-Traitor to his Natural Country Kings and bloudy Regicide by Gods divine Justice received the just punishment of all his Treasons at the last instead of expected great rewards from that hand he least suspected Whence p Matthew Westminster relating both the Histories of the manner of Edrics death concludes thus Sed sive sic sive aliter vitam finierit Proditor Edricus non multum ad rem pertinet quia hoc liquido constat Quod ille qui multos circumvenerat tandem est justo Dei Iudicio circumventus et proditionis suae meruit subire talionem And let all those who have or shall imitare him in his Treasons against his native Country Kings and Regicide seriously meditate on his tragical end and expect the self same retribution in conclusion though they escape as many years as he then did before final execution A third sort of Authors as Marianus Scotus Wigorniensis Roger Hoveden and Simeon Dunelmensis make no mention of King Edmonds murder by Edric his subordination but only that
melius nescivit Lex 36. Qui aliquem accusare praesumat unde pecunia vel commodo pejor sit denique mendacium pernoscatur linguam suam perdat vel Weregildo redimatur Lex 37. Nemo Regem requiret de Justitia facienda dum ei rectum offertur in Hundredo suo requiratur Hundredum secundum Witam sicut justum est Lex 38. Et habeatur in anno ter Burgimotus Scyremotus bis nisi saepius sit necesse Et inter sit Episcopus et Aldermannus et doceant ibi Dei rectum et seculi Lex 59. Non est in aliquo tempore concessa INJUSTITIA et tamen Injustitia est festis diebus et sanctificatis locis propensius interdicta Semperque sicui homo potentior est vel majoris ordinis sic debet solertius pro Deo et seculo quod justum est emendaâ—e Et ideo gratam emendationem sedulo per quiramus de Scripturis Sanctis et secularem juxta legem seculi Lex 83. Si quis de morte Regis vel Domini sui quoquo modo traectaverit vitae suae reus sit et omnium quae habebit nisi triplici judicio se purget Lex 91. Si quis Burgbotam vel Brigbotam 1. burgi vel pontis refectionem vel Firdfare 1. in exercitum ire supersedeat emendet hoc erga Regem C. xx s. in Anglorum laga in Denelaga sicut Lex stetit antea vel ita se adlegiet nominentur ei 14. et acquirat ex eis 11. Lex 96. Haec est alleviatio quam omni populo meo praevidere volo in quibus nimis omnino fuerant aggravati Praecipio Praepositis meis omnibus ut in proprio meo lucrentur et inde mihi serviant Et nemo cogatur ad firmae adjutorium aliquid dare nisi sponte sua velit Et si quis aliquem inde gravabit Werae suae reus sit erga Regem Lex 97. Si quis ex hac vita decedat sine distributione rerum suarum vel per incustodiam vel per mortem improvisam non usurpet dominus ejus de pecunia nisi quantum ad justam Relevationem pertinet quae Anglicè vocatur Hereget sed sit secundum dictionem ejus ipsa pecunia recte divisa uxori pueris et propinquis unicuique secundum modum qui ad eum pertinet Et sint Relevationes ità minutae sicut modus est Comitis sicut ad eum pertinet hoc est octo 〈◊〉 quatuor sellati quatuor insellati et galeae quatuor et loricae quatuor cum octo lanceis et totidem scutis et gladii quatuor et CC. marcae auri Postea Thayni regis qui ei proximus sit quatuor equi duo sellati et duo insellati et duo gladii et quatuor lanceae et totidem scuta et galea cum loricasua et 50. marcae auri Et mediocris Thayni equus cum apparatu suo et arma sua vel suum Halsfang in Westsaxia in Mircenis ij l. in Estanglia ij l. Et si notus sit Regi equi duo unus cum sella et alius sine sella et unus gladius et duae lanceae et totidem scuta et 50 marcae auri Et qui minus potest det duas libras Lex 104. Et qui fugiat à Domino vel socio suo pro timiditate in Expeditione navali vel terrestri perdat omne quod suum est et suam ipsius vitam et manus mittat Dominus ad terram quam ei antea dederat Et si terram haereditariam habeat ipsa in manum regis transeat Lex 105. Et qui in bello ante Dominum suum ceciderit sâ—t hoc in terra sit alibi sint relevatitones condonatae et habeant haeredes ejus terram sicut et pecuniam suam et rectè dividant inter se Lex 107. Et volo ut omnis homo pacem habeat eundo ad Gemotum vel rediens de Gemoto id est placito nisi sit fur probatus Lex 110. Qui leges istas apostabit quas Rex modo nobis omnibus indulsit sit Dacus sit Anglus Werae suae reus sit erga regem Et si secundo faciat reddat bis Weram suam Si quis addat tertio reus sit omnium quae habebit In the rest of his Lawes all corporal and pecuniary penalties and fines for all sorts of Offences and Crimes are reduced to a certainty and none left arbitrary and by Lex 104 105. it is evident that the Military Laws as wel as the Civil Ecclesiastical were made in and by advice and direction of the Great Councils The Chronicle of Bromton informs us that King Cnute per Chartam suam à se et haeredibus suis dedit quà m cito post in Parliamento suo apud Wintoniam when and where those Laws were made coram omnibus Regni sui Magnatibus confirmavit gave and confirmed the Manors of Hornyng Ludham and Netershede to the Monastery of Cowholm in Northfolke And that one Maynard riding towards this Parliamentary Council brake his neck who had so incensed the King against Wulfric and the Monks of this Monastery that he threatned to put them to death What lands and privileges he gave by his Charters to St. Cuthberts Church in Durham Christs-Church in Canterbury and other Monasteries the t Marginal Authors will inform us About the year 1034. King Cnute having obtained the Soveraign Dominion of England Scotland Norwey a great part of Sweden and of all Denmarke principally by the Sword through the flattery of his followers who stiled him a King of all Kings most mighty Soveraign and the like who had under his subjection Dominion not only the People and Land but the Sea likewise also by reason of his Great Dominions was so much elevated with pride of heart that he once commanded the royal Throne of his Empire to be placed on the Sea shore near the water as the Sea was flowing in upon it and then stepping up into his Throne sitting in it he spake thus to the Sea in an imperious manner as if he were absolute Sovereign of it Tu meae ditionis es c. Thou art under my Dominion and part of my Empire and the land on which I sit is mine neither is there any one in it who dares resist my command without punishment Therefore I now command thee that thou ascend and come not up upon my land nor yet presume to wet my royal robes nor the feet or Members of thy Soveraign But the Sea notwithstanding this Inhibition ascending after its accustomed manner and nature and no wayes obeying his commands wet both his feet legs and royal Robes without any revernce Whereupon the King leaping hastily out of his Throne almost over-late and retiring from the waves used these words Ltt all the Inhabitants of the world know that the power of Kings is but vain
from Ramesberg to the Monastery of Malmsbury sed Rege jnxta Consilium Procerum id nolente he thereupon resigned his Bishoprick went beyond the Seas 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 Whereupon 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 t Algarus his son succeeding him in the Earldom of Mercia in the year 1058. was banished the second time by Kiag Edward but by the assistance of Griffin King of Wales and help of the Norwey 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 Griffin King of Wales having contrary to his former league and agreement invaded infested England slain the Bishop of Hereford burnt the City harrowed 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 Griffins 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 fuerant pensa obedienter se pensurâ—s 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 sides 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 fâ—ud was not long to be deferred For all the sons of the Traytor Earl Godwin were so ungracious covetous oppreffive and so extremely unjust that if they had seen any fair Mannor 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 Regni 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 pieceâ— 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 powdered 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 200 armed men to York where Tosti then resided both to revenge the execrable murder of some Noble Northumberlanders servants to Gospatric whom Queen Egitha in the cause of her brother Tosti had commanded treacherously to be slain on the 4th day of the precedent Christmass and of Gamel the son of Orne 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
routed by them many of them being slain in the field and the rest inforced to fly into York for shelter which the Enemies besieging was presently surrendred up to them and hostages delivered them after the slaughter of many Citizens Nobles and Clergy-men Upon this King Harold recollecting his disbandâ—d Army and Navy marched with all speed towards York against the Danes Norwegeans and his brother Tosti but coming to Hamford Bridge one valiant Dane with his Battle Axe slew 40 of his men and made good the Bridge against the whole Army for a long space till at last some going under the Bridge in a Boat slew him with a spear Both Armies joyning battel after a long and bloudy fight Harfager and Tosti with may other of Note were slain their whole Army routed all their Ships taken with the loss of many of the bravest English Souldiers and 20 of their Ships only permitted to depart into Denmark with their wounded men and Olaus Harfagers Son who to save his life took an Oath never from thenceforth to attempt any hostility or invasion against the English This victory Abbot Ailred aascribes to the merits of Edward the Confessor who promised to be the Captain and Protector of the English Nation against those Enemies who invaded the Realm contrary to right and Law and promised them the victory over them But Harold ascribing it to his own valour instead of rewarding his Souldiers with the spoils of the vanquished enemies as the price of their bloud out of a base unworthy a varice converted all the spoils and booty to his own private use giving no part of them to any other Wherewith many of the Nobles and common Souldiers were so incensed that detesting the covetousness of their Prince they unanimously departed from his service and refused to march with 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 busied 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 satissie 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 ahate 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 m but the King strictly charged them to forbear plundering 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 where in the said Astrologer sailed was cast away at Sea and he drowned in it Whereunto the Duke replyed That man was not wise who had more regard to 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 Souldiets 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
their Coronation Oaths and not arbitrarily or tyrannically according to their pleasures 5. That no Freemen in that age could be justly imprisoned banished or put to death but for some hainous misdemeanors and that by a legal trial and conviction 6. That the Subjects of England then held it their bounden duties in times of forein invasion to defend the Realm their Lives Liberties Properties both by Land and Sea against forein Enemies yet they held themselves dis-obliged and were generally averse to defend the person or Title of any Usurper of the Crown against any forein Prince or other Person who had a better right and title to it 7. That our English Ancestors in that age esteemed their hereditary Liberties good antient Laws and Customs more dear and pretious to them than their very lives and would rather die fighting for their Laws and Liberties like freemen than live under slavery or bondage to any Soveraign whatsoever 8. That the Kings of England in that age could neither give away nor legally dispose of their Crowns Kingdoms or Crown Lands to others without the privity and free consent of their Nobles and Kingdom in general Parliamentary Council as is evident by Harolds answers to VVilliams Embassadours the recited passage of Matthew Paris upon that occasion and this of Samuel Daniel p. 34. So much was done either by King Edward or Harold though neither act if any such were was of power to prejudice the State or alter the course of right succession as gave the Duke a colour to claim the Crown by a donation made by Testament which being against the Law and Custom of the Kingdom could be of no validity at all For the Crown of England being held not as patrimonial but in succession by remotion which is a succeeding to anothers place it was not in the power of King Edward to collate the same by any dispositive and Testamentary Will the right descending to the next of blood only by the Laws and Custom of the Kingdom For the successor is not said to be the Heir of the King but of the Kingdom which makes him so and cannot be put from it by any Act of his Predecessors 9. That the Nobilities Clergies and peoples free-Election hath been usually most endeavoured and sought after by our Kings especially Intruders as their best and surest Title To these Legal I shall only subjoyn some Political and Theological Observations naturally flowing from the premised Histories of King Edward Harold and William not unsuitable to nor unseasonable for the most serious thoughts and saddest contemplations of the present age considering the revolutions and postures of our publike affairs 1. That it is very unsafe and perillous for Princes or States to intrust the Military and Civil power of the Realm in the hands of any one potent ambitious or covetous person who will be apt to abuse them to the peoples oppression the kingdoms perturbation and his Sovereigns affront or danger as is evident by Earl Godwin and his Sons 2. That devout pious soft-natured Princes are aptest to be abused and their people to be oppressed by evil Officers 3. That it is very dangerous and pernicious to heditary kingdoms for their King to die without any certain known and declared right Heirs or Successors to their Crowns yea an occasion of many wars and revolutions as is evident by King Edwards death without issue or declared right heir 4. That right heirs to Crowns who are of tender years weak judgement or impotent in Friends and Purse are easily and frequently put by their rights by bold active and powerfull Intruders as Edgar Atheling was both by Haroid and William successively Yet this is remarkable in both these Invaders of his royal Right 1. That Harold who first dethroned him to make him some kind of recompence and please the Nobles of his party created Edgar Earl of Oxford and held him in special favour 2ly That King Willam the first to whom he submitted himself and did homage and fealty used him very honourably and entertained him in his Court not only at first but even after he had twice taken up armes against him joyning first with the English Nobilitie then with the Danes and Scots against his interest For Edgar coming to him into Normandy Anno 1066. out of Scotland where he lived some years where nihil ad praesens commodi nihil ad futurum spei praeter quotidianam stipem nactus esset he not only pardoned his fore-past offences but magno donativo donatus est pluribusque annis in Curia manens Libram Argenti quotidie in stipendio accipiebat writes Malmesb. receiving a great donative from him and a pound of silver for a stipend every day and continuing many years in his Court. After which Anno 1089. He went into Apulia to the Holy wars by King Williams licence with 200 Souldiers and many Ships whence returning after the death of Robert son of Godwin and the loss of his best Souldiers he received many benefits from the Emperours both of Greece and Germany who endeavoured to retain him in their Courts for the greatness of his birth but he contemning all their proffers out of a desire to enjoy his Native Country returned into England and there lived all Kings Williams reign In the year 1091. Wil. Rufus going into Normandy to take it by force from his brother Robert deprived Edgar of the honour which his Brother with whom he sided had conferred upon him and banished him out of Normandy whereupon he went into Scotland where by his means a peace being made between VVilliam Rufus and Malcholm king of Scots he was again reconciled to Edgar by Earl Roberts means returned into England being in so great favour with the king that in the year 1097. He sent him into Scotland with an Army Ut in ea consobrinum suum Eadgarum Malcholmi Regis filium patruo suo Dufenoldo qui regnum invaserat expulso Regem constitueret Whence returning into England he lived there till after the reign of king Henry the first betaking himself in his old age to a retired life in the Country as Malmesbury thus records Angliam rediit ubi diverso fortunae ludioro rotatus nunc remotus tacitus canos suo in agro consumit Where most probably he died in peace since I find no mention of his death No less than 4 successive kings permitting this right heir to their Crowns to live both in their Courts and Kingdom of England in peace and security such was the Christian Generosity Charity and Piety of that age without reputing it High Treason for any to relieve or converse with him as the Charity of some Saints in this Iron age would have adjudged it had they lived in those times who have quite forgotten this Gospel Lesson of our Savior they then practised But I say unto you love your Enemies do good to those that hate you
examination to be better and stronger than our Religion let us hasten to embrace them without any delay To whose wise perswasions and words Another of the Kings Nobles giving his Assent spake something concerning the brevity and incertainty of this life and of their ignorance and incertainty of that life which is to come concluding That if this new Doctrine brought any thing to them more certain than that they formerly imbraced it ought to be deservedly followed The rest of the Elders and Kings Counsellors prosecuting the like things by Divine admoniâ—ion Coyfi added that he desired to hear Paulinus preaching concerning God more diligently than before which when he had done by the Kings command he cryed out having heard his preaching I heretofore understood that what we worshipped was nothing because by how much the more diligently I sought the truth in that worship the less I found it But now I openly professe that in this preaching the truth shines forth which is able to give unto us the gifts of eternal life salvation and happiness Whereupon O King I advise thee that the Temples and Altars we have consecrated without any fruit or benefit we should now presently execrate and burn Upon this without more debate the King openly gave his assent to the preaching of Paulinus renouncing Idolatry confessed that he did imbrace the faith of Christ. And when the King demanded of Coyfi his Priest who ought first to prophane and destroy the Altars Temples of the Idols with the rails and bounds wherewith they were inclosed He answered I who have worshipped them through foolishness And presently renouncing his Superstition he demanded Arms and an Horse of the King which by their old Law Priests might noâ— use which being granted him he mounted the Horse with a Sword and Lance in his Hand and riding to the Idols thus armed the people deeming him to be mad prophaned the Temple and commanded his Companions to destroy and burn it with the Idols and all the Hedges about it which they did Whereupon the King with his Nobles and very many of the people embraced the Christian Religion and were baptized by Paulinus in the Church of St. Peter at York which the King there speedily commanded to be built of Wood and afterwards enlarged ordaining Paulinus Bishop of that place who converted baptized him and his people as Beda and others more largely record the History From which memorable president we may observe these particulars 1. That the King himself could not then alter the established Laws or received Religion of this Realm though falfe nor introduce new Laws or set up the true Religion without the concurrent Assent of his Nobles and Wisemen in a general Parliamentary Council 2. That the Princes Chief Priests Nobles anâ— Aeldermen of the Realm were the Parliament Members in that Age. 3. That every one of them in these Councils had freedom of Vote and Debate and gave their voices severally for the bringing in of Christianity and destruction of Idolatry William of Malmesbury gives this Character of this Kings Government after he became a Christian and of the vicissitude of humane affairs worthy our present observation he being suddenly slain in battle together with his Son after all his former conquests and felicity Nullus tunc Praedo Publicus nullus latro domesticus insidiator conjugalis pudoris procul Expilator alienae Haereditatis exul Magnum id in ejus laudibus nostra aetate splendidum Itaque Imperii sui ad eos limites incrementa perducta sunt ut Justitia Pax libentèr in mutuos amplexus concurrerent osculorum gratiam grata vicissitudine libantes faeliciter tunc Anglorum Respublica procedere potuisset nisi mors immatura temporalis be atitudinis Noverca turpi fortunae ludo virum abstulislet Patriae Aetatis enim 48. Regni 17. Rebellantibus Regulis quos sub jugum miferat Ceadwalla Britonum Penda Merciorum cum Filio interemptus miserabile varietatis humanae fuit exemplum nulli prudentiâ inferior qui nè Christianam fidem nisi diligentissimè inspectatâ raâ—ione voluit suscipere susceptaeque nihil existimare comparabile Anno 673 Theodor Archbishop of Canterbury held a great Council at Hertford presentibus Episcopis Angliae ac Regibus Magnatibus universis the Bishops of England and Kings to wit King Lotharius and Easwine and all the Nobles being present at it In this Council they made ten Canons or Laws which they all subscribed and raâ—ified with their hands the 7th whereof was That a Synod or Parliamentary Assembly should be assembled twice or because divers causes hindred Placuit omnibus in commune they all agreed in common that in the Calends of August in a place called Cloveshoon a Synod should be congregated at least once every year The rest of them you may peruse in the marginal Authors at leisure being meerly Ecclesiastical and not so pertinent to my Discourse Ceadwalla King of the West-Saxons In the year of our Lord 680. granted to Bishop Wilfrid certain Lands with their appurtenances called Pagaliam cum consensu devotâ confirmatione omnium Optimatum meorum with the consent and devout confirmation of all his Nobles assembled in a Parliamentary Council the grant of his Crown Lands to him being not valid to bind his Successours without his Nobles concurrent confirmation William of Malmesbury writes of him That though before his conversion unto Christianity he addicted himself to wars and to plunder and spoil his neighbouring Kings yet he conscientiously dedicated the tenth of all his spoils to God Inter haec arduum memoratu est quantum etiam ante Baptismum inservierit pietati ut omnes manubias quas jure praedatorio in suos usus transcripserat Deo Decimaret In quo et si approbamus affectum improbamus exemplum juxta illud Qui offert sacrificium de substantia Pauperis quasi qui immolat filium in conspectu patris If all the Plundering warring Saints of this Age would imitate his example in giving the Tenths of all their spoils and plunders to God his Ministers instead of spoiling them of their Tithes and antient Church-Revenues men would deem them as good Saints as this plundering conquering Saxon King of whom it is likewise storied that before he turned Christian intending to invade the Isle of Wight and unite it to his Kingdom he vowed to give the 4th part of the Iland and Prey to Christ if he should vanquish it Whereupon he conquering the Isle slew the Natives in it being Pagans with a Tragical slaughter and in performance of his vow gave to Bishop Wilfrid and his Clerks for their maintenance and encouragement the possession of 300 I Hides of Land being the fourth part thereof When our new Conquerours shall be so bountifull in bestowing the fourth or but the tenth part of all the pretended conquered Lands they have gotten on Christs Church and Ministers instead of
Soveraign Jurisdiction of the Crown This King by appointing Hundreds and Tithings throughout the Realm with Constables and Tithing men who were to take sureties or pledges for the good behaviour of all within their Jurisdictions or else the hundred to answer all offences injuries therein committed both to the party and king caused such a general peace throughout the Realm and such security from Robbers and plunderers even in those times of war That he would hang up golden bracelets in the High-ways and none durst touch them and a â—irâ— might have travelled safely laden with Gold from one end of the Realm to the other without any violence Matthew Westminster and Florence of Worcester record That he spent a great part of his time in Compositione legum Quibus Milvorum Rapacitatem Reprimeretur simplex â—â—denum de otio firmaretur And amongst many other mâ—morable acts of his Justice as he frequently examined the Judgements and Proceedings of his Judges and Justices severely checking them when they gave any illegal Judgement against Law and Right meerly out of Ignorance of which they were to purge themselves by Oath that they could judge no better so he severely punished them when they thus offended out of Corruption Partiality and Malice Andrew Horn in his Mirrour of Justices records That he hanged up no less than 44 of his Judges and Justices in one year as Murtherers and Capital Offenders princicipally for their false judgements in condemning and executing sundry of his people against Law without any lawfull tryal by their Peeres or Verdict and Iudgement by a sworn Iury or upon in sufficient evidence or for Crimes not Capital by the Laws The names of these Judges with their several offeâ—ces you may read at large in Horn. Had those pretended Judges of a new edition who of late arraigned condemned executed the King Nobles Gentlemen and Freemen of England in strange new arbitrary Courts of high Iustice without any legal Indictment and Tryal by a sworn Jury of their peers and many of them for offences not Capital by any known Lawes or Statutes of the Realm and upon very slender evidence lived in this Just Kings reign they might justly fear he would have hanged them all up as Murtherers and Capital Malefactors as well as these 44 Judges not altogether so peccant in this kind as they this form of tryal by sworn Juries of their Peers then in use being since confirmed by the Great Charters of King John and King Henry the 3 some hundreds of subsequent Statutes and the Petition of Right not known in Alfreds days I find in the Preface to King Alfreds Laws of which Laws Abbot Ethelred gives this true encomium Leges Christianissimas scripsit promulgavit in quibus fides ejus et devotio in deum sollicitudo in subditos misericordia in pauperes Iusticia ciâ—ca omnes cunctis legentibus pateâ— this observable passage That the Apostles elders assembled in a Synod at Jerusalem Acts 15. in their Epistle to the Churches of the Gentiles to abstain from things offered unto Idols added this Summary of all Laws And what ye would not to be done to your selves that doe ye not to others from which one precept it sufficiently appeareth unicuique ex aequo jus esse reddendum that right or Law is of Justice to be rendred to every one neither will there be need of any other Law or Law-book whatsoever if he who sits Judge upon others shall only remember this that he would not himself should pronounce any other sentence against others than what he would should be passed against himself in their Case But when the Gospel was propagated many Nations and amongst them the English embraced the faith of Gods word there were then held some Assemblies and Councils of Bishops and other most illustrious Wise men throughout the World and likewise in England and these being throughly instructed by Gods mercy did now first of all Impose a pecuniary Mulct upon Offenders and without any Divine Offence delegated the Office of exacting it to Magistrates leave being first granted Only on a Traitor and Deserter of his Lord or King they decreed that this Milder punishment by pecuniary Mulcts was not to be inflicted because they thought just that such a man was not at all to be spared both because God would have Contemners of him unworthy of all mercy and likewise because Christ did not at all compassionate them who put him to death but appointed the King to be honoured above all others These therefore in many Councils singulorum scelerum paenas constituerum ordained the punishments of every kind of offences and commitâ—ea them to writing From whence it is apparent First That all capital coporal and pecuniary Mulcts and penalties for any civil or Ecclesiastical offences whatsoever inflicted on the Subjects of this Realm in that and all former ages since they embraced the Gospel were only such as were particularly defined and prescribed by their Parliamentary Councils and the Laws therein enacted and not left arbitrary to the King Judges or Magistrates as it appears by the forecited passages of Beda Malmesbury Huntindon and Bromton concerning King Ethelberts Laws part 2. p. 50. by the Laws of King Ina Lex 2 3 4 6 7 9 10 11 12 13 14 15 21 22 25 26 27 30 31 32 34 35 36 37 38 39 40 41 46 47 48 49 54 57 58 64 73 75 76 80. more specially by the Laws of King Alfred himself Lex 1 2 3 4 5 6 7 8 9 12 13 14 15 17 20 21 24 25 26 27 28 29 30 31 32 33 34 35 38 39 40 41 42 44 45 46 48 51. with the Laws of our other Saxon kings prescribing particular fines pecuniary corporal and capital punishments for all sorts of offences and injuries to avoid all arbitrary proceedings and censures in such Cases 2ly That no imprisonment Corporal Capital or pecuniary Mulcts or punishments whatsoever justly might or legally ought to be then inflicted upon any Malefactors or Trespassers whatsoever but when where and for such offences only as the known Parliamentary and common Laws then in force particularly warranted and prescribed which penalties and Laws could not be altered nor abrogated but by Parliamentary Councils only 3ly That Common right and Justice were then to be equally dispensed to all men by our Kings Judges and other Magisttates according to the Laws then established in such sort as they would have them administred to themselves in the like Cases 4ly That wilfull Traitors and Deserters of their lawfull Lords Soveraigns were not to be spared or pardoned by the Laws of God or Men nor yet punished only with sines but put to death without Mercy Wherce this Law was then enacted by king Alfred and his Wisemen Lex 4. Si quis vel ger se veâ— susceptam vel suspectam â—ersonam De morte Regis tradet vitae suae reus sit et
down flat to the Earth very much affrighted Some write that both sides by Dunstans policy appealed to the resolution of the Crucifix in this case in which Dunstan had placed a man with a Trunk in the wall behind the Image who uttered this voice in and by the mouth of the Rood which is most probable Soon after he King and Dunstan heard this second voice from the Crucifix Arise be not afraid because this day Righteousnesse and Peace have kissed each other in the Monks In memory of this chearing Oracle and Monkish fable of which Huntindon Hoveden Wigorniensis Ranulâ—us Cistrensis Fabian and other old Monastical â—istorians make no mention and Malmsbury slightly relates it as An hear-say the Monks of Winchester ingraved these Verses over the head of this Crucifix in their Refectory Humano more Crux praesens edidit ore Coelitus effata quae prospicis hic subarata writing the words forcited under this Distick as then uttered by the Crucifix which asserted before all That Dunstans way was true Where with the Clerks and their Abettors were quite confounded and put to silence Sed adhuc non sedatis animis c. But the Nobles and Clerks minds being not as yet quieted by this Oracle a clear evidence they suspected it as counterfeit our Historians inform us there were three more great Councils soon after held to settle this Controversie between the married Priests and Monks The first at Kerling Kerding or Cerding or Kirking as it is variously stiled Anno 977. which Wigorn. and Hoveden stile Magna Synodus without recording what was done therein Sir Henry Spelman out of an old Saxon Note calls it A great Council affirmes it was held after Easter and that Sideman Bishop of Devonshire died in it That King Edward and the Archbishop therein ordained That every man should goe in pilgrimage to the Church of St. Mary at Abendune out of Devotion And Matthew Parker Archbishop of Canterbury in the life of Dunstan superaddes Dunstanus ibi cum Monachorum labenti conditioni succurrere voluit nihil profecit Itaque hoc dissoluto Concilio aliud in Regia Villa Wilteria quae Calne vulgo appellatur coegir This Great Council held at Calne some stile it Cleve was purposely called the same year 977. to end the long continued Controversie between the Monks and married Priests which the feigned Oracle of the Crucifix at Winchester and the Council of Kerding could not determine All the Senators and Nobles of England sitting together at this Council in an Upper room the King being absent by reason of his tender age or sickness the business being debated with great conflict and controvetsie and the strongest wall of the Monkish Church Archbishop Dunstan being assaulted with the Darts of many revilings remained unshaken The Disputants of both parties and orders defending their sides with greatest industry in the midst of the dispute the whole Floor with the Rafters and Beams of the Room wherein they disputed suddenly brake in peeces and fell to the ground with all the people in it except Dunstan who escaped without any harm standing firm on a beam that remained of which he took hold-fast the rest being either slain outright or very much hurt and bruised with the fall so as they languished ever after hardly escaping present death This miracle as our Monkish Authors stile it gave peace to Archbishop Dunstan from the assaults of the English Clerks and others who thereupon from thenceforth submitted to his sentence and judgement if William of Malmesbury and Mat. Westminster may be credited Whereas Florentius Wigorniensis John Bromton and others out of them assure us that there was not long after another Parliamentary Synod or Assembly held at Ambresbery upon the same occasion without recording the Proceedings or Event thereof Some conjecture that this fall was only a fiction of the Monkish VVriters to adde reputation to their languishing cause as well as that of the Crucifix Speech forecited Others conceive it was wrought by Duustans sorcery or Policy Others that it was casual by reason of the weight of the People But Henry Huntindon Hist l. 2. p. 357. Bromton col 876. and Sir Henry Spelman out of them p. 496. record That this fall of the Nobles at Calne was not a Divine Judgement on them for their Opposition against and injury to the Monks as some interpreted it but signum videlicet Dei excelsi fuit quod Proditione et Interfeatone Regis sui ab amore Dei Casuri essent et diverus gentibus digna contritione conterendi as they were soon after broke in pieces by the invading conquering Danes and Normans And whether the late violent falls and ruptures of our Parliaments and Nobles portend not the like fate to England by some other forein Invasions for the like Treachery Apostacy Regicide or far worse let those who are guiltiest of it and others determine at their leisures King Edward imitating the footsteps of his Fathers Religion and Piety was so circumvented by the flattering speeches of his Mother-in-law Queen Elfrida that although she opposed his Title Election Coronation all she could to advance her own Son to the Crown yet retaining only the name of a king to himself he soon after permitted her and his Brother Ethelred his Competitor to order all affairs of the Realm as they pleased VVhereupon as the Chronicle of Bromton relates she began to plot how to dethrone this Man of God King Edward and advance her own Son Ethelred to the Throne Which when she had a long time meditated upon she opened the Secrets of her heart to some of her chief Counsellours advising with them concerning it and earnestly intreating yea conjuring them to assent to her therein and to find out some means to effect it Cui protenus in necem illius omnes conseuserunt who all forthwith consented to his Murder and contrived how they might most speedily accomplish it by some fraudulent device which they soon after executed in this manner King Edward hunting for his disport in the Forest near VVarham hearing that his Brother Ethelred whom he intirely loved was near that place residing then with his Morher at Corph-Castle some stile it Cornesgare rode thither to visit him with very few attendants who either casually or of set purpose lingring behind him sporting in the way he came alone to the Castle gate Queen Elfrida who had a long time waited for such an opportunity being informed thereof went presently to weet him with her bloody Assassinate s and welcoming him with flattering Speeches and a pleasant countenance importuned him to lodge there that night which offer he with thanks refused saying he desired only to see and speak with his btother but would not alight from his horse Whereupon she commanded a Cup of Wine to be speedily brought him to drink appointing one of her boldest Souldiers to kill him whiles he was drinking VVho kissing the king like another Judas
the Danes Anno 1007. cum Consilio Primatum suorum as Florentius Wigorniensis Simeon Dunelmensis Polychronicon and others express it by the Counsel of his Nobles sent Messengers to the Danes commanding them to tell them quod sumptus et Tributum illis dare vellent that they would give them Costs and Tribute upon this Condition That they should desist from napines and hold a firm peace with them to which request they consented and from that time Costs were given them and a Tribute paid them of thirty six thousand pounds out of all England Henry Humindon Bromton thus relate the business Rex et Senatus Anglorum dubâ—i quid agerent quid omitterent communi deliberatione gravem conventioneÌ„ cum exercitu fecerunt ad pacis observationeÌ„ 36000 mil. librar ei dederunt A clear evidence that this Agreement and Peace was made and money granted and raised in England by common advice consent in Parliament or Council Infrâ—â—duit Anglia tota velut arundinem Zephiro vibrante collisum Unde Rex Ethelredus confusione magna consternatus pecunia pacem ad tempus quam armis non potuit adquisivit writes Matthew Westminster Rex Anglorum Ethelredus pro bono pacis Tributum 36 mil. librarum persolvit Dacis as Radulphus de Diceto words it After which the King this year made Edric aforementioned Duke of Mercia and that by the Providence of God to the destruction of the English a man of base parentage but extraordinary crafty eloquent witty and unconstant surpassing all of that age in envy perfidiousness pride cruelty and Treason who soon after maried the Kings daughter Edith whereby he had the better opportunity to betray the King and kingdom with less suspition King Ethelred though often vexed with the wars and invasions of these forein Enemies yet he had a care to make good Laws for the benefit peace and safety of his people whereupon having thus made Peace with the Danes An. 1007. he summoned and held a Great Parliamentary Council at Aenham on the Feast of Easter at the exhortation of Aelfeag Archbishop of Canterbury and Wulstan Archbishop of Yorke who together with the rest of the Bishops and all the Nobles of England were present at it Regis Aethelredi Edicto concrepante acciti sunt convenire Where they all â—â—â—embling together de catholicae cultu Religionis reparando deque etiam rei statu publicae reparando vel consulendo plura et non pauca utpote divinitus inspiratâ— ratiocinando sermocinabantur In this Council they debated resolved on divers things and enacted many wholesom Laws and Edicts for the reformation and setling of Religion and Churchmen the advancement of Gods worship the Government of the Church and State the advancement of civil Justice and honesty and defence of the Realm by Land and Sea beginning with the things of God and the Church in the first place which you may read at large in Sir Henry Spelman Some Laws where of I shall here transcribe being very pertinent to my subject Cap. 5. Sapientes decernunt Ut Leges quique coram Deo et hominibus aequas statuant et tueantur iniquas autem omnino deleant justitiam pauperi atque diviti pari exhibentes lance et pacem insuper et concordiam piè in hoc seculo coram Deo et hominibus retinentes Cap. 6. Sapientes etiam decernunt Ut nemo Christianum et insontem pretio tradat extra patriam praesertim in Pagani alicujus servitium Cap. 7. Sapientes etiam decernunt Ut pro delicto modico nemo Christianum morti adjudicet sed in misericordia potius Leges administret ad utilitatem populi et non pro modico eum perdat qui est opus manuum Dei et mercimonium ejus magno comparatum pretio De quolibet autem Crimine acuratius decernito sententiam praebens juxta factum mercedem juxta meritum ita scilicet ut secundum divinam clementiam levis sit poena et secund um humanam fragilitatem tolerabilis Cap. 9. Nemo dehinc in posterum Ecclesiae servitium imponat nec clientelam Ecclesiae injuriis afficiat nec Ministrum Ecclesiae 〈…〉 Episcopo Cap. 21. Verba et opera rectè quisque disponaâ— et Jusjurandum pactamque fidem cautè toneas Omnem etiam Injustitiam è patriae finibus quâ poterit industriâ quisque ejiciat et perjuria formidanda Cap. 22. Urbium Oppidorum Arcium atque Pontium instauratio sedulo fiat prout opus fuerit restaurentur renoventur vallis et fossis muniantur et circumvallentur Militaris etiam et Navalis Profectio uti imperatum est ob universalem utique necessitatem Cap. 23. De Navali Expeditione sub Paschate Cavendum etiam est ut celerius post Paschatis festum Navalis expeditio Annuo sit parata Si quis Navem in Reipublicae expeditionem designatum vitiaverit damnum integrè restituito et pacem Regis violatam compensato Si verò eam ita prorsus corruperit ut deinceps nihili habeatur plenam luito injuriam et laesam praeterea Majestatem So one translation out of the Saxon Copy reads it but another thus Naves per singulos annos ob patriae defensionem et munitionem praeparentur poâ—ique sacrosanctum Pascha cum cunctis ut ensilibus competentibus simul congregentur Qua etiam poena digni sunt qui Navium detrimentum in aliquibus perficiunt notum cunctis esse cupimus Quicunque aliquam ex Navibus per quampiam inertiam vel per incuriam vel negligentiam corruperit et tamen recuperabilis sit Is navis corruptelam vel fracturam ejusdem per solidam prius recuperet Regique deinde ea quae pro ejusdem munitionis fractura sibimet pertinet ritè persolvat Cap. 24. De Militiam dotractante Si quis de Profectione militari cui Rex intererit sine licentia se substraxerit in detrimentum currat omnium fortunarum These three last Lawes most clearly demonstrate that the Militia and Military affairs of this age with all their Provisions of Arms Ships for defence of the Realm by Land and Sea against the invading Danes and other Enemies with their Military Laws and all other apurtenances thereto belonging were ordered and setled in their General Councils by common consent Cap. 26. Si quis vitae Regis insidiabitur sui ipsius vitae dispendio et quas habet rebus omnibus poenas luito Sin negaverit et purgatione qua licuerit expetierit solemniori eam faciat juramento vel Ordalio triplici juxta legem Anglorum et in Danorum lege prout ipsa statuit Cap. 27. Si quis Christi legibus sive Regis se nefariè opposuerit capitis plectitor aestimatione vel mulctâ aliâ pro delicti qualitate Et si is contrarius rebellare armis nititur et sic occiditur inultus jac eat Cap. 29. Scrutari oportet diligentius unumquemque modis omnibus
later ages held in England or Ireland with the many falshoods and absurdities in it will sufficiently evidence it to every intelligent Peruser to be a late Bastard Treatise and no such Antient Record as Sir Edward Cooke most confidently averrs it upon groundless Reasons and bold false averments void of Truth Which Modus if really made and observed in his reign and after ages no doubt our Historians would have mentioned it as well as his Laws of which they give us this following account Henry de Knyghton records That King Edward after his Coronation Consilio Baronum et caeterorum Regni received established and confirmed the good Laws which for 68 years lay as it were asleep among the sleepers and buried in Oblivion These Laws are called the Laws of St. Edward not because he had first invented them but because they being as it were put under a Bushel and laid in oblivion from the time of his Grandfather King Edgar he put to his hand first to sind them out and then to establish them Wil. of Malmesbury thus writes of these Laws Omnes Leges ab antiquis Regibus maximè ab antecessore suo Ethelredâ— latas sub interminatione Regiae mulctae perpetuis temporibus observari praecepit in quarum custodia etiam nunc tempore bonorum sub nomine Regis Edwardi Iuratur non quod ille statuerit sed observaverit The Author of the antient Manuscript Chronicle of Litchfield and Mr. Selden out of him together with Roger Hoveden and Bishop Usher inform us concerning these Laws Ex illo die magna autoritate veneratae et per universum regnum corroboratae consecratae sunt prae caeteris regni legibus Leges Regis Edwardi quae quidem prius inventae constitutae fuerunt tempore Regis Edgari avi sui Veruntatem post mortem ipsius Regis Edgari usque ad Coronationem S. Regis Edw. quodcontinet annos 67 predictae leges sopitae sunt et penitus praetermissae Sed postquam Rex Edwardus in regno fuit sublimatus Consilio Baronum Angliae Legem 67 annis sopitam 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 à 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 denouated publishâ—d a Law full of discretion and justice which is called Mercian Law These two Laws the Historian Gildas translated out of the British into the Latine tongue and so it was afterwards commonly called Merchenelaga that is The Law of the Mercians by which Law 8 Counties were formerly judged namely Gloucestershire Worcestershire Herefordshire Shropshire Chesshire Staffordshire Warwickshire and Oxfordshire After these there was superadded a Law written in the Saxon or English tongue by Ina King of West-Saxons to which Alfred King of the West-Saxons afterwards 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 Nottinghamshire 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. John Fox in his Acts and Monuments vol. 1. p. 213 214. Samuel Daniel his Collection of the History of England p. 22. John 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 â—unt 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. Lambaerd in his Archaion Henry de Knyghton de Eventibus Angliae l. 2. c. 4. Spelmanni Concili p. 613. Mr. Iohn Selden ad Eadmerum Notae Spicelegium p. 172. to 195. Mr. Iohn Fox his Acts and Monuments vol. 1. p. 214. wherein those who please may peruse them In 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 left arbitrary to the King his lustices 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
Speed record this Story which none of our other antient Historians mention That after Duke William had slain Harold and the City of London with the generality of England had submitted to his power being struck with the fear and terror of Harolds death and the Englishmens great slaughter except Kent alone William marched with his forces towards Dover Castle the lock and key of the Realm the better to command the Seas and awe the Kentishmen to subject it and the other parts of the County to his power Archbishop Stigand then lylying close in that County either to renew the warr or to obtain more honourable and just conditions of subjection for his Kentishmen than any others effected for his Kentish people that which none in his Country did besides For perswading all his Kentish men to keep at home and not stirr out of their confines when he heard of Williams approâ—ch advising with Eglesine Abbot of St. Augustinet they two being the chiefest Lords and Goverâ—â—urs of Kent and the principal men of Kent they considered that the whole Realm was in a very sad and ill condition for whereas before the comming of the said William none of the English was a Servant that now all indiffeâ—ently as well Noble as Ignoble were subjected to the perpetual Servitude of the Normans And out of the dangers of their neighbours assuming matter for their own and their Counties preservation they assembled all the Commons of Kent to Canterbury where they represented to them the imminent dangers of the Country the misery of their neighbours the insolency of the Normans and the calamity of a servile condition all which now were too apparently seen The English till then were frée-born and the name of bondage never heard among them and they amongst the rest but now nothing but servitude attended them in case they unworthily yielded as others had done to the insolency of this griping Enemy Whereupon by common advice all the people decreed and declared to meet Duke William et cum eo pro Patriis Legibus certare and to fight with him for the Lawes of their Country chusing rather to end an unhappy life by fighting for them in the field than to undergoe the unaccustomed yoak of bondage or to be reduced from their accustomed liberty to an unknown and unsure Slavery The Archbishop and Abbot chusing rather to die in battel than to behold the miseries of their Nation after the example of the holy Maccabees became the Captains of the Kentish Army resolving to die in defence of their Country and Laws whereupon they all resolved to meet together at Swanscomb two miles from Gravesâ—nd at a set time Where assembling accordingly they secretly kept together in the woods watching the Dukes approach all joyntly agreeing to block up his passage on all sides and to surround the Duke and his Army on a sudden that they might not escape them every one of the Horse and Footmen carrying a green bough in his hand that they might not be discovered and wherewith if need were they might impeach and hedge up the Normans passage The Duke marching the next day through the fields near Swanscomb the whole multitude of the Kentishmen like a moveable wood surrounded him approaching nearer and nearer to him with a loft pace Which stratagem so daunted the Duke even with the very sight of their approach who being as he thought free from all Enemies was now suddenly beset on all sides with these moving woods that he knew not but all the other vast woods he saw might be of the like nature neither had he time to avoid the danger The Kentishmen having thus enclosed him round about casting down their boughs bended their bowes drew out their swords shaked their pikes held forth their other arms displayed their banners and sounded their trumpets in token of battel The Duke and his Army being herewith astonished though so puffed up with their former late victory that they had even now to their seeming the whole Realm of England in their hand were so extraordinarily terrified herewith that they stood in danger not only of the losse of the Victory and Army but he even of his own life Whereupon he desired a parley with the Kentish before the battel was joyned Upon this Stigand and Egelsine their Generals were sent Embassadors to the Duke on the behalf of the rest who spake thus to him in their Kentishmens names Most Noble Duke behold the people of Kent are come forth to meet thee as thy friends and are ready to receive and obey thee as their Liege Lord if thou shalt grant their most just requests demanding only such things as make for peace and such as only tend to retain the Liberty received from their Ancestors and preserve the Laws and Customs of their Country Neither will they be reduced under Bondage never yet felt by them nor tolerate any new Lawes For they can bear Royal Authority but not Lordly Tyranny Wherefore receive the Kentishmen not as thy Servants but as thy loyal loving and affectionate Subjects Yet upon this condition That all the People of Kent may for ever enjoy their antient Liberty without diminution and use the Laws and Liberties of their Country But if thou endeavourest to take away their Liberty and the Immunity of their Laws thou shalt likewise take away their Lives together with them they being all ready at present to give thee and thine battel and to try the uncertain chance of Warr Being fully resolved rather to die in the field than in any sort to depart with their Countries Laws and Customs or to live under strange Laws or servile Bondage the name and nature whereof is and ever shall be strange unto us For although the rest of the English can submit themselves to Slavery yet Liberty is the proper badge of Kentish men The Duke astonâ—shed with this Oration and his new troubles with a perplexed troubled mind advised hereupon with his Counsellors and wisely considering that the event of the battel would be very doubtfull that if he should depart without accomplishing his designe or if he should suffer any repulse or inconvenience from this warlike people that it would not onely redound to his great infamy but that it would endanger the loss of his new-acquired kingdom undo what ever he had hitherto effected and turn all his hopes and security into danger if he should not joyne Kent the key of the whole Realm to the rest of the Kingdom and retain it more by friendship and compact thus offered to him than by force And considering likewise that their demands were not unreasonable he thereupon not so willingly as wisely rather out of necessity than voluntarily granted to the Kentish men that they should live freely according to their antient Laws and Customes Whereupon there being a League made between William and the Kentishmen and Hostages given on both sides for performance of it they thereupon laid down their arms and the