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

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Iesus Christ and abolished Pagan Idolatry in their Dominions And of later times as our English Realm brought forth King Henry the 8th the first Christian King in the world who by Acts of Parliament abolished the Popes usurped power and jurisdiction out of his Dominions King Edward the sixth his son the first Christian King and Queen Elizabeth the first Christian Queen we read of in the world who totally abolished suppressed Popery banished it their kingdoms and established the publike Profession of the Protestant Religion by publike Statutes made in their Parliaments So during the reigns of our Saxon Kings after they turned Christians this Realm of England procreated more devout holy pious just and righteous Kings eminent for their piety justice excellent Ecclesiastical and Civil Laws transcendent bounty to the Church Clergy and Martyrdom for the defence of Religion and their Country against Pagan Invaders than any one Kingdom throughout the World There being no less then 15 or 16 of our Saxon Kings and 13 Queens within 200 years space who out of piety devotion and contempt of the world according to the piety of that age out of date in this voluntarily renounced their earthly Crowns and Kingdom● and became professed Monks Nuns to obtain an incorruptible Crown and Kingdom in Heaven 12 Kings crowned with Martyrdom being slain by Pagan invaders 10 of them being canonized for transcendent Saints and enrolled for such in all Martyrologies L●turgies of the Church which I doubt few of our new Republican Saints will be Yea the piety of our Kings in that age was generally ●o surpassing Ut mirum tunc fuerat Regem non Sanctum videre as John Capgrave informs us Whence Wernerus a forein Chronologer in his Fasciculus temporum records Plures se invenisse sanctos Reges in Anglia quam in alia mundi Provincia quantumcunque populosa And Abbot Ailred long before him gives this memorable testimony of the Sanctity Martyrdom Justice and study of the peoples publike weal before the private shining forth in our Saxon Kings more than in any other kings throughout the world Verum prae cunctis civitatibus Regnisve terrarum de sanctitate Regum suorum Anglia gloriatur quorum alii coronati martyrio de terreno ad caeleste Regnum migraverunt alii exilium patriae praeferentes mori pro Christo peregre deligerunt nonnulli posito diademate disciplicinis se monasticis subdederunt quidam in justitia ●t sanctitate regnantes prodesse subditis quam praeesse maluerunt whose footsteps I wish the pretending self-denying antimonarchical domine●ring Saints over us would now imitate inter quos istud Sydus eximium gloriosus Rex Edwardus emicuit quem cernimus in divitiis egenum in deliciis sobrium in purpura humilem sub corona aurea seculi contemptorem So as the Prophesies of Psal 72 2 6. Isay 42 4 10 12. c. 49. 1 23. c. 51 5. c. 60 9 10 11. c. 66. 19. seem to be principally intended and verified of our Kings Isle above al●others in the world No wonder then that these ages of theirs affordus notwithstanding all the wars tumults combustions therein sundry memorable Presidents of great Parliamentary Councils Synods Civil and Ecclesiastical excellent Laws and Canons made in royal Charters confirmed by them with divers memorable Monuments both of our Parliamentary Councils Kings Princes Nobles Peoples constant care diligence prudence fortitude in defending preserving vindicating and perpetuating to posterity the good old Laws Liberties Franchises Rights Customs Government publike justice and Propriety of the Nation to suppress abolish all ill Law tyrannical unjust Proceedings Oppressions Exactions Imposts Grievances Taxes repugnant thereunto to advance Religion Piety Learning the free course of Iustice and the peoples welfare Which I have here in a Chronological method for the most part faithfully collected out of our antientest best Historians and Antiquaries of all sorts where they ly confused scattered and many of them being almost quite buried in oblivion and so far forgotten that they were never so much as once remembred or infisted on either in our late Parliaments and Great Courts of Iustice in any late publike Arguments or Debates touching the violation or preservation of the fundamental Laws Liberties Properties Rights Franchises of the Nation now almost quite forgotten and trampled under foot after all our late contests for their defence I have throughout these Collections strictly confined my self to the very words and expressions of those Historians I cite coupling their relations together where they accord in one citing them severally where they vary and could not aptly be conjoyned transcribing their most pertinent passages in the language they penned them omitted by our vulgar English Chronologers and annexing some brief observations to them for Explanation or Information where ther is occasion The whole undertaking I here humbly submit to the favourable acceptation and censure of every judicious Reader who if upon his perusal thereof shall esteem it worthy of such an Encomium as William Thorne a Monk of Canterbury hath by way of Prologue praefixed to his own Chronicle Valens labor laude dignus per quem ignota noscuntur occulta ad noticiam patescunt praeterita in lucem praesentia in experientiam futura temporibus non omittantur quia labilis est humana memoria necesse constat scriptis inseri memoranda ne humanae fragilitatis contingens oblivio fieret posteris inopinata confusio It will somewhat incourage me to proceed from these remote obscure times to ages next ensuing in the like or some other Chronological method But if any cut of disaffection to the work or diversity from me in opinion shall deem these Collections useless or supersluous I hope they will give me leave to make the selfsame Apology for my self and them as our most judidious Historian t William of Malmesbury long since made for himself and his Historical collections Et quidem erunt multi fortassis in diversis Regionibus Angliae qui quaedam aliter ac ego dixi se dicant audisse vel legisse Veruntamen si recto aguntur judicio non ideo me censorio expungent stilo Ego enim veram Legem secutus Historiae nihil unquam posui nisi quod à si delibus relatoribus vel scriptoribus addidici-Porro quoquo modo haec se habeant privatim ipse mihi sub ope Christi gratulor quod continuam Anglorum Historiam ordinaveram vel solus vel primus at least wise in this kind Si quis igitur post me scribendi de talibus munus attentaverit mihi debeat collectionis gratiam sibi habeat electionis materiam Quod superest munus meum dignanter suscipite ut gaudeam grato cognitoris arbitrio qui non erravi eligendi judicio Thus craving the Benefit of thy Prayers for Gods Blessing on these my publications for the common liberty weale and Benefit of the Nation I commend both them
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 ●●bimet pertinet ritè persolvat Cap. 24. De Militiam detractante 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 quonam pacto illud ante omnia efferatur Consilium quod populo habeat utilissimum et ut recta Christi re●gio●…xime provehatur injustumque quodlibet funditus extirpetur Haec enim in rem fuerint totius patriae ut injustitia conculcetur et Institia coram Deo et hominibus diligatur Cap. 32. Ut quisquis fuerit potentior in hoc seculo vel per scelera evectus in altiorem gradum ita gravius emendabit peccata sua et pro singulis malefactis poenas luet graviores Haec itaque Legalia Statuta vel Decreta in Nostro Conventu Synodali à Rege nostro magnopere edicta tuncti tunc temporis Optimates se observaturos fideliter spondebant The Invasions and Oppressions of the Danes excited both the King his Prelates and Nobles in this Great General Council not only to provide for their necessary defence against them by Land and Sea but likewise to enact good Laws for the advancement of Gods worship and service the good Government of the Republick● the advancement of Justice and Righteousnesse the suppression of all Oppressions Injustice wickedness and preservation of the Just Rights and Liberties both of the Church and People as the most effectual means to unite and preserve them against the Common Enemy and to remove Gods wrath and judgements from them as the other Statutes and Decrees of this Council more fully resolve which you may peruse at leisure About the same year as I conjecture or not long after King Ethelred having some breathing time from wars by his Peace concluded with the perfidious Danes held three other great Parliamentary Councils the first at VVoodstock the second at Venetyngum the third at Haba wherein He and his Wise-men made and published many excellent Civil and Ecclesiastical Laws for the Good Government Peace VVelfare and happiness of his People recorded at large in Bromton Lambard and Spelman where you may read them I shall insert only 3 of them made at Venetingum VVan●ige as some take it Cap. 4. Habeantur placita in singulis VVapentakis ut exeant seniores 12 Thayni Praepositus cum eis jurent super sanctuarium quod eis dabitur in manus Quod neminem innocentem velint accusare vel noxium concelare Cap. 23. Ad Bilynggesgate si advenisset una navicula unus obolus Thelonii dabatur si major habet siglas 1 d. si adveniat Ceol vel ulcus ibi jaceat 4 d. ad Thelonium dentur De navi plena lignorum unum lignum ad Theloneum detur In ebdomada panum Theloneum detur 3 diebus die Dominica die Martis die Jovis Qui ad Pontem ventat cum Bato ubi piscis inest unus ob dabatur in Theloueum de majori Nave 1. d. Homines de Rothomago qui veniebant cum vino vel craspisce Flandrenses Pontrienses Normannia Francia monstrabant res suas extolneabant Hogge Leodium Nivella qui per terras ibant ostentionem dabant et Theoloneum Et homines Imperatoris qui veniebant cum navibus suis bonarum legum digni tenebantur sicut nos emere in suas naves Et non licebat eis aliquod Forcheapum facere burhmannis dare Theoloneum suum Et in sancto natali Domini duos Grisingos pan●os unum Brunum 10 libras Piperis cirotecas 5 hominum et duos cabillinos colennos aceto pl●nos totidem in Pasca de Dosseris cum Gallinis una Gallina Thelon de uno Dosseto cum Ovis 5 Ova Theolon Si veniat ad Mercatum mongestre Sinere qui mangonant in Caseo Butiro 14 diebus ante Natale Domine 1. d. 7 diebus post Natale Domini Unam alium denarium ad Theloneum Cap. 24. Si Portireu vel Tungravia vel alius Praepositus compellat aliquem quod Theolon supertenuerit homo respondeat quod nullum Theloneum concelaverit quod juste debuit juret hoc se s●xto sit quietus Si appellet quod Theolonium dederit inveniat cui dedit qu etus sit S●tunc hominem invenire non posset cui dedit reddat ipsum Theloneum et persolvat 5 l. Regi Si Cacepollum advocet quod ●i Theoloneum dedit ille neget perneget ad dei ud cium et in nulla alia lada These-are the first Laws to my remembrance wherein there is any mention of Toll Tribute or Custom paid by any Natives or Foreiners for goods or merchandise imported or sold or any forfeitures or penalty imposed for concealing or non-payment thereof which it seems were imposed about this time by common consent in a Parliamentary Council for the better maintenance of the Navy and defence of the Realm against the Danes the end for which I cite them The King having thus in the Great Councils of Aenham and Wantige by consent of his Nobles and Wise-men provided a Navy to be annually set out for the defence of the Realm in pursuance thereof the self-same year as our Historians joyntly attest commanded one ship to be built and furnished out of every 310 Hides or Ploughlands and a Buckler Helmet out of every 9 Ploughlands throughout his Realm The ships being accordingly provided the King victualled and placed chosen Souldiers in them and assembled them all together to the port of Sandwich that they might defend the Coasts of the kingdom from the irruptions of Foreiners An. 1009. Puppes praedictae congregatae sunt apud Sandwic viri optime armati
Church and Clergy from all Invasion injury violence disturbance and specially enact That not only all Clerks and Clergy men but all other persons shall enjoy the peace of God and the Church free from all assaults arrests and other disturbances whatsoever both on Lords-days Solemn Festivals and other times of publike Church meetings eundo subsistendo redeundo both in going to continuing at and returning from the Church and publike duties of Gods worship or to Synods and Chapters to which they are either summoned or where they have any business requiring their personal presence wherewith the Statute of 8 H. 6. c. 1. concurs as to the later clause Therefore all Quakers Anabaptists and others who disturb affront and revile assault or abuse our Ministers or their people as many now doe in going to or returning from the Church or whiles they continue in it as well before or after as during Divine Service Sermons or Sacraments there administred may and ought by the Common Law of England confirmed both by Confessor and Conquerour in their Parliamentary Councils to be duly punished as Breakers of the Peace by all our Kings Justices and Ministers of publike Iustice being ratified by Magna Charta c. 1 and the Coronation Oaths of all our Kings which all our Judges and Justices are bound to observe To keep to God and holy Church to the Clergy and to the People Peace and Concord entirely according to their power especially during the publike worship of God in the Church and in going to tarrying at and returning from the duties which they owe unto him both as his Creatures and Servants And to grant keep and confirm the Laws Customs and Franchises granted by the glorious King Edward 3. That they prescribe the due payment of Tithes to God and his Ministers as well personal as praedial under Ecclesiastical and temporal penalties being granted and consented unto a Rege et Baronibus et Populo 4. That the Causes and pleas of the Church ought first to be heard ended in Courts and Councils before any other Iustitia enim est ut Deus ubique praecaeteris honoretur 5. That they thus define Danegild Danegaldi redditio propter Piratas primitus Statuta est Patriam enim infestantes vastationi ejus pro posse suo insistebant Ad eorum quidem insolentiam reprimendam Statutum est Danegaldum annuatim reddi scilicet duodecim denarios de unaquaque Hida totius Patriae ad conducendos eos qui Piratarum eruptioni Resistendo obviarent To which Hoveden Knyghton Lambard and others subjoyn De hoc quoque Danegaldo omnis ecclesia libera est quieta omnis terra quae in proprio dominico Ecclesiae erat ubicunque jacebar nihil prorsus in tali redemptione persolvens quia magis in Ecclesiae confidebant orationibus quam in armorum defensionibus usque tempora Willielmi junioris qui Ruffus vocabatur donec eodem a Baronibus Angliae auxilium requirente ad Normanniam requirendam retinendam de Roberto suo fratre cognomine Cortehose Ierusalem proficiscente Concessum esi ei non Lege sancitum neque confirmatum sed hac necessitatis causa ex unaquaque hida sibi dari quatuor solidos Ecclesia non excepta Dum vero collectio census fieret proclamabat Ecclesia suam reposcens libertatem sed nil profecit By which it is apparent 1. That this grievous Tax of Danegeld was first granted and appointed by a publike Law in a Parliamentary Council to hire men to resist the eruption of the Pyrates and Enemies That it amounted but to 12 d. a year upon every Ploughland That the Church and Demesne Lands of the Church where ever they lay were exempted from it till William Rufus his time who first exacted it from the Clergy upon a pretended necessity and raised it from 12 d. to 4 s. a Ploughland by grant of the Barons without any Law to enact or confirm it for fear of drawing it into consequence 6ly That these Laws thus describe the Duty and Office of a King The King because he is the Vicar of the highest King is constituted for this end that he may rule the earthly kingdom and the Lords people and above all things that he may reverence his holy Church and defend it from injuries pluck away evildoers from it and utterly to destroy and disperse them Which unless he shall doe the name of a King agreeth not unto him the Prophet Pope John witnessing Nomen Regis perdit qui quod Regis est non faciat he loseth the name of a King who dischargeth not the duty of a King Pepin and Charls his Son being not yet Kings but Princes under the French King hearing this definitive Sentence as well truly as prudently pronounced concerning the name of a King by William the bastard King of England foolishly writ to Pope John demanding this question of him Whether the Kings of France ought so to continue being content only with the name of a King Who answered That it is convenient to call them Kings who do watch over defend and govern the Church of God and his people imitating King David the Psalmograph saying He shall not dwell in my House which worketh pride c. After which it followeth in Mr. Fox and some others but not in Hoveden and Knyghton Moreover the King by his right and by his Office ought to defend and conserve fully and wholly in all ampleness without diminution all the Lands Honours Dignities Rights and Liberties of the Crown of his Kingdom And further to reduce into their pristine state all such things as have been dispersed wasted and lost which appertain to his kingdom Also the whole and universal Land with all Ilands about the same in Norwey and Denmark be appertaining to the Crown of his kingdom and be of the appurtenances and dignity of the King making one Monarchy and one Kingdom which sometimes was called the Kingdom of Britain and now the Kingdom of England such bounds and limits as is abovesaid be appointed and limited to the name of this kingdom A King above all things ought to fear God to love and observe his commandements and cause them to be observed through his whole kingdom He ought also to keep cherish maintain and govern the holy Church within his kingdom with all integrity and Liberty according to the constitution of his ancestors and predecessors and to defend the same against all Enemies so that God above all things be honoured and ever before his eyes He ought also to set up Good Laws and Customs such as be wholesom and approved Such as be otherwise to repeal them and thrust them out of his kingdom Item he ought to doe Iudgement and Iustice in his kingdom by the counsel of his Realm All these things ought a King in his own person to do taking his Oath upon the Evangelist swearing in the presence of the whole State of
Feasts appointed under pain of the penalties inflicted by the Laws which he would strictly exact without pardon Neither was he worse than his word writes Malmsbury for he commanded all the Laws made by antient Kings and especially by his predecessor King Ethelred to be for ever observed under pain of a regal mulct To the custody of all which ancient Laws Even now writes he our Kings are sworn under the name of King Edwards Lawes non quod illa statuerit sed observaverit And Matthew Westminster records further Vicecomitibus Regni Angliae et Praepositis districtè mandav● ut nulli hominum vim inferant nec propter pecuniam fisco reponendam in aliqu o a Iustitia deviant dum non habeat necessitatem de peccato pecuniam adaugere If this Forein Danish Conqueror and Usnrper of the Crown of England qnod Bellico Iure obtinebat et armorum violentia as William Thorne records was at last so just and equal to the English as to reform all his former extravagant acts of Injustice Exactions Oppressions to release all unjust Taxes Exactions Oppressions and not to exact or raise any monies unjustly on the people upon any real or pretended necessity without their common consent in Parliament by any of his Officers should not out own English Conquerors domineering Grandees now much more imitate this his laudable Example who pretend not only to equal but exceed him in Saintship Justice Devotion no longer to oppress the griev'd people with their arbitrary Tyrannical Taxes Excises Imposts extravaganr violent poceedings in new wayes of highest Injustice as hitherto they have done against all their Oaths Covenants Declarations promises and Engagements to the Nation King Cnute returning from Rome into England Anno 1032. treated the English very justly and civilly confessed redressed his own former and his ancestors extortions oppressions rapines endowed many Monasteries with lands and priviledges and ratified them with his Charters Hereupon Brithmerus Abbot of Croyland Cum Cnutonem Regem super Angliam stabilitum cerneret universos Anglios civiliter satis amicabiliter tractare insuper sanctam Ecclesiam speciali devotione deligere ac filiali subjectione honorare monaste riis multisque sanctorum locis benè facere quaedam verò Monasteria ad summam gloriam promovere there upon resolved to go to the King procure his Charter of confirmation of the Abbey Lands liberties of Croyland quorundam adversariorum qui tempore guerrae multum creverant vim formidans Which Charter he readily obtained in these memorable words wherein he acknowledgeth his rapines and bloodshed to posterity Cnutus Rex totius Angliae Danmarchiae Norwagiae magnae partis Swavorum omnibus Provinciis nationibus populis meae potestati Subjectis tam minoribus quam majoribus salutem Cum terram Angliae progenitores mei parentes DURIS EXTORTIONIBUS DIRIS DEPRAEDATIONIBUS SAEPIUS OPPRESSERUNT Et fateor INNOCENTEM SANGUINEM FREQUENTER IN EA EFFVDERVNT studium meum a principio regni mei fuit semper erit in futurum tam penes caelum quam penes seculum PROPTER HAEC MEA PECCATA ET PARENTVM MEORVMSATISFACERE statum totius sanctae matris Ecclesiae uniuscujusque Monasterii sub Imperio meo constituti cum in aliquo meo patrocinio indiguerint devotione debita emendare omnesque sanctos Dei per haec alia bona opera mihi in meis necessitatibus reddere benignos ac deprecationibus meis favorabiles placatos Ideo in arras hujus meae satisfactionis offero sancto Gu●hlaco de Croyland caeteris sanctis ejusdem loci de substantia mea unum calicem confirmans Brithmero Abbati Monachis suis totum Monasterium suum Croylandiae cum insula circumjacente duobus Mariscis adjacentibus scilicet Arderlound Goggislound eisdem terminis limitibus quibus in Chirographo inclyti quondam Regis Edredi restauratoris sui dicta insula dictique duo Marisci satis apertè describuntur Confirmo etiam omnes Ecclesias Capellas terras tenementa libertates privilegia in ejusdem Regis Chirographo contenta cum quibus omnibus dictus Rex Edredus dictum Monasterium Croylandiae ad honorem Dei S. Guthlaci confessoris sui corporaliter in ea requie scentis dotavit donavit ditavit suo Chirographo confirmavit Nullusque hominum meorum audeat à modo dictos Monachos inquietare vel in aliquo conturbare proprae dictis Quod si quis facere praesumserit vel tentaverit usurpare vel gladii mei sentiet aciem vel gladii paenam sacrilegis debitam subibitabsque omni remissione redemptione puniendus juxta modum et mensuram injuriae dictis Monachis irrogatae Ego Cnutus Rex anno Dominicae incarnationis 1032. Londoniis istud meum Chirographum signo sanctae crucis confirmavi ✚ Then follow the subscriptions of both the Archbishops sundry Bishops Abbots Earls and others The same year 1012. King Cnute granted and con firmed to the Abbot of Glastonbury the Conusance of all ecclesiastical and secular causes within the Island of Glastonbury by a special Charter Cum Consilio Deereto Archipraesulis nostri Ed●ln●th● ●mulque cunct●…m Dei Sacerdotum Consensu Optimatum meorum as the words of the Charter atten to the end it might be valid in Law And the self same year King Cnute commanded Elstan Abbot of S● Augustines in Canterbury to repair to him at the Feast of Pentecost concerning the translation of the Corps of St. Mildretha to that Monastery ut translationem faciendam ipse Rex per concessionem Procerum per literas suas firmius confirmaret as William Thorn in his Chronicle relates King Cnute in the year 1033. on the Feast of Christs Nativity held a Parliamentary Conncil at Winchester where Venerando Sapientum ejus Eonsilio by the venerable Counsel of his Wisemen he made and published sundry excellent Ecclesiastical and Civil Laws for the good government of the Church and Realm to the praise of God the honour of his Regality and common good of the People being 103 in the Saxon and 110 in the Latine Copies His 61 Ecclesiastical Law thus resolves against the Anti-Magistratical opinion of this licentious age Christiano Regi jure pertinet ut injurias Deo factas vindicet secundum quod acciderit His Civil Laws begin thus Haec est institutio Legum secularium quam communi Sapientum meorum Consilio per totam Angliam t●n ri pro●…io Imp imis volo ut Iustae Leges erigantur et injustae sub vertantur et omnis Injustitia modis omnibus sarculetu● a modo omnis homo dignus publica rectitudine reputetur pauper dives quicunque sit eis justa judicia judicentur I shall transcribe only some few of his Laws pertinent to my Theam Lex 25. Prohibemus ne Christianus aliquis penitus pro parva re saltem
services Fiscal tributes except these three Expedition Building of Castle and Bridge The next in time is the Grant of Lotharius King of Kent Anno 679. of certain Lands in the Isle of Thannet to the Monastery of Raculph free from all secular services except these three Expedition Building of Bridge and Castle To which I might annex these ensuing Grants and Charters which I shall only name The Grant of King Egfrid and his Queen Etheldrida of Hestodesham to Bishop Wilfrid Anno 674. The Charter and Grant of Ceadwalla a foresaid and Kendritha his wife of 4 plough-Lands to Archbishop Theodor and the Family of Christ-Church in Canterbury free from all secular services but those 3 forementioned An. 687. of Withrid King of Kent Anno. 694 of King Offa An. 774 of King Edmund An. 784. of King Kenewlfe An. 791 814 815 822. of King Wilof An. 829. of King Athulfus An. 832 833 834. of King Ethelstan An. 927 940. of King Edred An. 941 948 949. of King Egered An. 979 980. and of King Cnute An. Dom. 1016. To pretermit others of this kind All which Grants being for the most part only of their own private Lands gotten by Purchase or Conquest not of the Lands or Demesnes of their Crowns passed by their own Charters alone without any confirmation or assent of their Nobles in a Parliamentary Council not mentioned at all in them But no grants of any Lands Rents or Revenues of their Crowns to pious or other uses were then either valid in Law or obligatory to their successors without common consent and ratifications of their Nobles in Parliamentary Councils which for this reason is still mentioned in all their Charters and donations of such Lands and Rents to pious uses Neither could they exempt those Lands from any of these three forenamed publick charges for the common defence and benefit of their Realms by their own royal Charters alone unless ratified by the Nobles in their great Councils Whereupon in all these forecited Charters and other grants of Lands by particular persons ratified by these Kings they exempted them only from all secular services exceptis Expeditione Pontis Arcis constructione which they could not discharge them from but by special Grants in General Parliamentary Assemblies as subsequent Presidents will more fully demonstrate Theodor Archbishop of Canterbury Anno 685. held a Council at Twyford in the presence of Egfrid King or Northumberland who going in person to St. Cutbert when as he neither by Letters nor Messengers could be drawn out of his Iland Lindesfarne to the Synod brought him to it much against his will where by the command of all the Synod he was constrained to take upon him the Office of a Bishop Whereupon King Egfrid by the advice of Archbishop Theodor Bishop Trumwin totius Concilii and of the whole Council for the salvation of his and his successors souls by his Charter gave to St. Cutbert and all his successors the Village called Creic and 3 mile in circuit round about it together with the City called Lugabadia and 15 miles circuit round about it to have to him and his successors for the service of God for ever as freely and quietly as he himself enjoyed them and to dispose thereof at his pleasure which Charter the Arch-Bishop and Bishops present in the Conncil confirmed with their Subscriptions What other Councils and Synods were held under this Arch-Bishop Theodor at Hartford Clovesho Heathfield or Hatfeild and what Canons were made in them for the confirmation of the Christian faith the 5 first General Councils c. you may read at leisure in Gervasius Doroberniensis Matthew Parker and Godwin in his life where they are recorded and in Matthew Westminster An. 880. Chronicon Johannis Bromton Col. 741 756 799 780. Radul de Diceto Abbreviationes Chronic. Col. 441. Chronica Wil. Thorne col 1770 Henry Huntindon Historiarum lib. 3. p. 335 Spelmanni Concilia p. 152. Beda Ecclesiastieae Historiae l. 4. c. 5 17 18. Mr. Fox Acts and Monuments vol. 1. p. 160 161. To which I shall refer you About the year of Christ 692. Ina King of the West-Saxons who succeeded Ceadwalla by the exhortation and advice of Cenred his Father Hedda and Erkenwald his Bishops and of all his Aldermen or Senators and of all the Elders and Wisemen of his Realm in a great Assembly of the Servants of God for the salvation of his peoples souls and the common conservation of his Realm Enacted sundry Ecclesiastical and civil wholsom Laws that by them just judgements might be founded and established throughout his Dominions and that from thenceforth it might be lawfull for no Alderman Senator or other person living within his Realm to abolish these his Laws tending all to advance Piety Justice Peace and preserve his people from violence rapine oppression and all Punishments Taxes Fines but such only as were imposed ascertained by his Laws and Parliamentary Councils as you may read at large in the Laws themselves especially Lex 2 3 4 6 9 10 11 16 17 51 73 74. In the year 694 Withred King of Kent summoned Brithwald Archbishop of Canterbury Toby Bishop of Rochester with the other Abbots Abbesses Priests Deacons Dukes and Earls to a great Council at Beccanceld or Baccanceld as others write it where consulting all together concerning the State of the Churches of God within that Realm how they might establish and perpetuate to them to the end of the World those Lands and Revenues which their plous Kings and Ancestors had granted and appropriated to God and his Church as their perpetual inheritance without substraction or diminution They thereupon enacted decreed and in the name of God Almighty commanded that all their successours both Kings and Princes with allother Laymen whatsoever should not invade the Rights Lands or Dominions of the Churches which they then confirmed nor presume to violate the Privileges granted to them and specially by king Withreds Charter which they ratified in this Council with all their subscriptions wherein he and they exempted Churches from all secular services and Tributes but such as they should voluntarily and freely render without compulsion which should not be drawn into custom to their prejudice witnes●e this Clause of the Charter and exemption then confirmed ab omni debito vel pulsatione Regalium Tributorum nisi suâ spontanea voluntate ex largitate beneficiorum quid facere velint tamen hoc imposterum non servetur nec habeatur in malam consuetudinem The same King Withred in the Parliamentary Council of Berghamsteed Anno 697. by the advice and common consent of his Bishops and other Ecclesiastical Orders cum viris quibusdam militaribus enacted sundry Ecclesiastical and civil Laws to be added to the former Laws and customs of Kent the first whereof is this That the Church shall be free and enjoy her Judgements Rents and Pensions And
vengeance pursued this hainous bloody Treachery notwithstanding all his feigned magnified Saintship and works of Charity and Piety for within one year after this bloody fact committed both Queendreda Offa and their Son Egfrid the only joy and pride of his Parents all died and his very kingdom it self was translated from the Mercians to the West-Saxons whom he ●…quered and oppressed O that all men of blood and unjust invaders of others Crowns Realms Possessions by war bloodshed and Treachery would seriously consider this President with all others of this nature both at home and abroad collected to their hands by Sir Walter Raughly in his excellent Preface before his famous History of the World About the year of Christ 797. Cynwolfe or Kenulph King of West-Saxons held a Council wherein he with his Bishops una cum caterva Satraparum and likewise with a great company of his Nobles there assembled writ a Letter to Lullus Bishop of Mentz touching some matters of Religion then in Debate In the year 798. the third of King Kenulph his reign there was a great Parliamentary Synod assemat Pinchamhalch wherein Eanbaldus or Embaldus Archbishop of Yorksate President with very many wise and great Men by whose Wisdom and Justice the Kingdom of Northumberland was then much advanced and renowned Who after they had debated many things concerning the benefit of holy Church and profit of all the Provinces of the People of Northumberland the observation of Easter and of Divine and secular Laws the increase of Gode service and the honours and necessities of the servants of God rehearsed and ratified the faith of the 5 first General Councils concerning the Trinity in brief and pithy expressions sit now to be revived in these times of Heresie and Blasphemy The same year there was another Great Council held at Bacanceld wherein Kenulph King of Mercians sate President Athelardus Archbishop of Canterbury 17 other Bishops sundry Abbots Arch-deacons and other fit persons being there likewise present Wherein by the command of Pope Leo it was decreed That from thenceforth no Laymen should exercise Dominion over the Lords Inheritance and Churches but that they should be governed by Holy Canons and the Rules of their first founders and possessors under pain of Excommunication and that Christ-church in Canterbury should be restored to its antient Metropolitan Jurisdiction Which all the Prelates and Abbots confirmed with their Subscriptions And this year this King consecrated the Church of Winchelcumbe endowing it with great gifts and possessions in a kind of Parliamentary Assembly of 13 Bishops and 10 Dukes where he manumitted and set free at the high Altar Edbert King of Kent surnamed Pren whom he had taken prisoner in Battel Moreover Eanbaldus Archbishop of York this year assembled a Synod at Finchale most likely for the assistance of Eardulfus King of Northumberland against Duke Wadus and other Conspirators who rose up against him whom he vanquished and utterly routed after a long and bloody battle at Bilingeho where many were slain on both sides which History Matthew Westminster couples with this Synod An. 798. King Kenulph in the year 799. By the consent of his Bishops and Priuces at the request of Athelardus Archbishop of Canterbury restored to Christ-Church in Canterbury four parcels of Land which king Offa had formerly taken from it and gave to his Servants free from all secular service and Regal Tribute ratifying this restitution by his Charter signed with the Cross that it might remain inviolable by their concurrent assent There was a Provincial Council held at Clovesho or Clyffe In the year of our Lord 800. by Kenulf king of Mercians Athelwerdus Archbishop of Canterbury and all the Bishops Dukes Abbots ●●juscunque dignitatis vi●os and men of all sorts of dignity where after some inquiry how the Catholique Faith was kept and Christian Religion practiced amongst them The Lands which king Offa and king Kenulph had forcibly taken away from Christ-Church with the Nunnery of Cotham and the Hides of Land called Burnam were Synodali Judicio by the Judgement of the Council restored to Christ-Church Et omnium voce Decretum est and It was decreed by the voice of all the Council upon sight of the Books and Deeds there produced before them by the Archbishop that it was just Cotham should be restored to Christ-Church being given to it by King Aethelbald by his Charter of which it had for a long time unjustly been spoiled notwithstanding the frequent complaints made by Archbishop Bregwin and Iambert in every of their Synods In hoc Concilio annuente ipso Rege Athelandus recuper avit dignitates possessiores quas Offa Rex Merciorum abstulerat Iamberto writes Gervasius After which the Archbishop in this Council made this Exchange with Cynedritha then Abbess of Cotham that she and her successors should enjoy all the Lands and Nunnery of Cotham in lieu whereof she should give to him one hundred and ten Hydes of Land in Kent lying in Fleot Tenaham and Creges together with all the writings thereto belonging which exchange was made before confirmed and attested by this Noble Synod that so no Controversie might arise between them their Heirs and Successors or King Offa ' s in future times concerning the same but that they might peaceably injoy them without interruption for ever And more over the Archbishop gave unto Cynedrytha the Monastery called Pretanege which king Egfrid gave to him his heirs Which proves the G●eat Councils and Synods in that age to be Parliaments and that they judicially restored Lands ●●justly taken away by Kings upon complaint examination an● due proof made thereof as well as inquired of errors and abuses in religion In this Council●… conceive i was that Kenulph with his Bishops Dukes et omni sub nostra Ditione Dignatis gradu compiled and ●●n● a Letter to Pope Leo the third promising obedience to his commands requesting that the ancient Canons might be observed and the Jurisdiction and Power of the See of Canterbury which King Offa and Pope Adrian had diminished and divided into two Provinces or Archbishopricks might be restored and united again thereto to avoid Scisms and craving the Popes answer to these their requests which he returned in a special Letter to the King restoring to Athelardus and his successors the Bishopricks substracted from his Province with the Metropolitan Jurisdiction over them as amply as before Hereupon in the year 802. or thereabouts there was another Parliamentary Council assembled at Clovesho wherein the Archbishoprick of Litchfield was dissolved the See of Canterbury restored to its former plenary Metropolitical Jurisdiction according to Pope Leo his Decree By the advice and Decree of the whole Council which commanded in the name of God That no Kings nor Bishops nor Princes neque ullius Tyrannicae potestatis Homines should diminish the honour of the Metropolitical See or presume to divide
religiosos omnes tanquam conscios thesanrorum innumeris torment is afflixit plucked off the Skins of the few Countrymen that were left swallowed up the Merchants oppressed the Widows and Orphans and afflicted all Religious Persons as conscious of hidden Treasures with innumerable torments whence amongst very many evils he did Impoposing a Tribute of a thousand pounds upon Godric the venerable Abbot of Croyland and his miserable Freers he almost undid the Monastery of Croyland For no man after that by reason of the overmuch Poverty of the place would come to conversion Yea Abbot Godric being unable to sustain his professed Monks dispersed many of the Monks amongst their Parents and other Friends of the Monastery through all the Country very few remaining with him in the Monastery and protracting their life in greatest want Then all the Chalices of the said Monastery except 3. and all the silver Vessels besides the Crucible of King Withlasius and other Jewels very precious being changed into Mony or sold for Mony were scarce able to satisfie the unsatiable covetousness of Ceolwulfe the Vice-roy who at last by his Lords the Danes most just in this after all his Rapines and Oppressions of the People by unjust Taxes and imposts was deposed and stripped naked of all his ill-gotten Treasure even to his very Privities and so ended his life most miserably And the Kingdom also of the Mercians at this very time King Alfred prevailing against the Danes was united to the Kingdom of the West-Saxons and remained so united ever after when it had continued a Kingdom from the first year of Penda the first King thereof to the last times of this miserable Viceroy Ceolwulph about 230 years Of which Kingdom William of Malmesbury thus concludes Ita Principatus Merciorum qui per tumidam gentilis viri insaniam subitó effloruit tunc per miseram semiviri ignaviam omninó emarcuit Anno Dom. 875. though Speed post-dotes its period in the year 886. Whence it is observable that unjust Rapines Taxes Oppressions speedily suddenly destroy both Kings and Kingdoms The next year following Anno 876. Halden king of the Danes seising upon the seditious kingdom of Northumberland sibi eam suisque Ministris distribuit illamque ab exercitu suo coli fecit auobus Annis totally dispossessing the seditious murtherous Northumberlanders thereof who but a little before had expelled both their King and Archbishop out of their Realm This Halden and his Souldiers miserably wasted and destroyed the Churches of God in those parts for which the wrath of God suddenly f●●ll upon Halden who was not only struck with madnesse of mind but with such a most loathsome disease in his body which much tormented him that the intollerable stink thereof made him so odious loathsome to his whole Army that being contemned and cast out by them all he fled away from Tine only with three Ships and soon after perished with all his Plundering Sacrilegious Followers The Danes elected Guthred king in his stead possessing this seditious Realm of Northumberland till dispossessed of it by king Edmund An. 944. who then annexed it to his kingdom Our Noble Saxon King Alfred the first anointed king of England as glorious for his most excellent Laws transcendent Justice and civil Government as for his Martial Exploits Victories and for his incomparable Piety and extraordinary bounty to the Clergy and Learned men comming to the Crown Anno Dom. 871 in the years 873 874 and sundry years following by common consent of his Wise men commanded long Ships and Gallies to be built throughout the Realm and furnished with Mariners to guard the Se as and encounter the Danish Ships and Pirates which then infested and wasted the Realm from time to time whose forces he often encountred as well by Sea as by Land with various success At last having obtained the Monarchy of all England and received their Homages and Oaths of Fealty to him he appointed special Guardians to guard the Seas and Sea-costs in all places Whereby he very much freed the Land from the Danes devastations Abour the year 887. even in the midst of his wars when Laws use to be silent he compiled a body of Ecclesiastical and Canon Laws out of the sacred Scriptures and the Laws which his pious predecessors Ina Offa and Ethelbert had religiously made and observed antiquating some of them retaining reforming others of them and adding some new Laws of his own by the advice and counsel of his wisemen of the most prudent of his Subjects the observation of which Laws was enjoyned by the consent of them all Wherein certain fines and penalties were prescribed for most particular offences which might not be altered or exceeded Amongst other Laws as Andrew Horn and others record this King and his Wisemen ordained That a Parliament twice every year and oftner in time of Peace should be called together at London that therein they might make Laws and Ordinances to keep the People of God from sin that they might live in peace and receive right and Justice by certain customs and Holy Judgements and not be ruled in an arbitrary manner but by stable known Laws And it was then agreed that the King should have the Soveraignty of all the Land unto the midst of the Sea invironing the Land as belonging of Right to the 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 bracelers in the High-ways and none durst touch them and a G●ri 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 ●nde●●um devotio ●irmaretur And amongst many other memorable 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
Book of the Exchequor and Sir Henry Spelman in his Glossary Title Danegold affirms 5. That King Edwards Officers after the Danish Kings expired reignes did collect it of the English Subjects without his privitie to cloath and pay his Souldiers and followers 6. That he out of mercy piety conscience and justice to his people not only restored it to them when collected and brought into his Exchequer without retaining one farthing of it but likewise for ever released it to them so that it was no more collected during his reign 7. That Taxes unjustly leavied upon the poor oppressed people are very pleasing and acceptable to the devill himself who claimes the money so collected for his own and that the Collectors and exacters of such Taxes though for the payment of Armies and Souldiers are really but the devils agents and instruments who will one day pay them their deserved wages 8. That heavy oppressions and taxes though for pretended publike necessities continued for many years together ought not onely to be eternally remitted but restored when collected by all conscientious pious righteous mercifull Saintlike Kings and Governours 9. That illegall heavy Taxes imposed by or for invading Usurpers if once submitted to and not strongly opposed by the generality of the people wil soon be claymed leavied as a customary early legall revennue both by the impos●rs and their successors and hardly be laid down and discontinued again for the peoples ease 10. That this tax of Danegeld amounting but to thirty eight or fourty thousand pounds in one whole year was in truth an heavy and intolerable burden and grievous oppression to the whole Nation fit to be abolished and released especially in times of dearth and scarcity Therefore certainly our late illegal taxes without authority of a free and legall Parliament amounting to 120. 90. or 60. 1000 li. monthly when lowest besids Excises Customes Imposts amounting to twice as much more must certainly be far more grievous intollerable to the Nation and so not onely to be remitted abandoned excluded but accounted for and restored to our exhausted oppressed Nation by all those Governours who pretend themselves saints of the highest forme and men ruling in the fear of God against whom this St. Edward the Confessor will rise up in judgement if they imitate not his just and Saintlike president therein All which considerations I recommend to their own and their Collecters Excisers sadest considerations to meditate seriously upon for the peoples ease William of Malmsburies records of this King Edward that he was in exactionibus vectigalium parcus quippe qui exactores execraretur Till we may be able really to record the like of our new Governours and Princes over us we shall never be either a free a peaceable or happy people not they worthy of the name of Saints or Confessors in any English Annals or Kalenders He addes That King Edward with the touch of his hand did miraculously cure sundry persons of the luxuriant humours and swellings about the neck commonly called the Kings Evill which cure in after ages some falsly ascribed non ex sanctitate sed ex regalis prosapiae haereditate ●●uxisse not to have issued from his sanct●tie but from his hereditary royall bloud If his sanctity in releasing and restoring the formentioned insupportable Tributes of Danegeld shall now cure the hereditary Kings and our new Republiques long continued evill and malady of intolerable Tributes Contributions and Excises in this Age we shall register it to posterity for as great a miracle as his first care of the evill Kings only by his touching of it with his royall sacred hand King Edward about the year 1047. calling out of Normandy certain Normans qui olim pauculis beneficiis inopiam Exulis suppleverant who had there releived and supplied his want during his exil to reward them for their benefits advanced them to places of extraordinary honour and trust about him amongst others he promoted Robert Gemeticensis a monk to the Bishoprick of London then to the Arch-bishoprick of Canterbury William to be his Chaplain first and afterwards Bishop of London and another to the Bishoprick of Dorchester which Jugulphus thus expresseth Rex autem Edwardus natus in Anglia sed Nutritus in Normania diutissime immoratus penè in Gallicum transierat adducens attrahens de Normānia plurimos quos variis dignitatibus promotos in immensum exaltabat Praecipuus inter eos erat Robertus Monachus c. Caepit ergò totâ terrâ sub rege sub aliis Normannis introductis Anglicos ritus diminui Francorū mores in multis imitari Gallicum idioma omnes Magnates in suis curiis tanquam magnum gentilitium loqui Chartas Chyrographa sua more Francium confici propriam consuetudinem in his in aliis multis erubescere Thereupon Earle Godwin and his Sons being men of high spirits auctores tutores regni Edvardi were very angry and discontented quod novos homines advenas sibi preferri viderent because they saw these new upstarts and strangers preferred before them yet they never uttered a high word against the King whom they had once advanced Upon this occasion Anno 1051 there arose great discords between the English and these Normans quod Angli aspernantèr ferant superiorem Normani nequeant pati parem Henry Huntingdon records That these Normnans accused Godwin and Swaine and Harold his Sonnes to the King that they went about to betray him wherupon the King calling them into question for it they refused to appear without hostages for their safety upon which the King banished them But William of Malmsbury Roger de Hoveden Matthew Westminster Florentius Wigorniensis Simeon Dunelmensis Bromton Hygden Henry de Knighton Fabram Graston Holmshed Speed and the General Stream of our Historians relating the businesse more fully make this the originall cause of the difference between them and of the Exile of Godwin and his Sons Eustace Earle of Boloyn who had wedded King Edwards Sister ariving at Dover in the moneth of September 1051. one of his Knights seeking lodging unjustly slew one of the Townsmen whereupon the Townsmen slew him The Earle and his followers being enraged thereat slew divers men and women of the Town and trode their children under their own horses feet The Burgesses upon this assembling togetherto resist them after a feirce Encounter put the Earle and his followers to flight slew eighteen or twenty of them in the pursute and wounded many more so that the Earle escaped only with one of his followers to the King then at Glocester where he grievously incensed the King against the Englishmen by reason of this tumult which he and his followers occasioned Whereupon Earle Godwin being much incensed at the slaughter of his men in the Burrowgh of Dover he and his sons assembled a great Armie out of all the Towns and Countries subject to them The King sending for Godwin to
your Enemies do good to those that hate you c. Wherefore if thine enemy hunger give him meat if he thirst give him drink c. Be not overcome of evil but overcome evil with goodness 5. That base carnal fears and cowardize oft cause both Prelates Nobles and People to desert their own best interest and lawfull Princes and to act vote and submit to meer unrighteous Usurpers against their primitive resolutions judgements Consciences as here in the case of Edgar and Rich. 3. since 6. That Generals pusfed up with victorious successes and having the command of the Land and Sea Forces in their power are apt to aspire after the royal Crown and Soveraignty and forcibly to usurp it upon the next occasion even with the disinheriting of the right heir and hazard of the whole Realm of which Harold is a most pregnant example 7. That ambitious aspirers after the royal Crown and Throne will make no conscience to violate all sacred and civil Oathes Obligations Contracts and find out any evasions to elude them rather than goe without them or part with them when injuriously usurped by them and will adventure to crown themselves with their own hands than not wear the Diadem witnesse Harold 8. That Usurpers of Crowns without right though they Court the people with Coronation Oaths and fair promises of good Laws Liberty Immunity from all Taxes and Grievances yet usually prove the greatest Tyrants and Oppressors to them of all others as Harold and William in some sort did 9. That Invaders of Crowns and Soveraign power without any right title or colour of Justice being once in possession will never part with them to those who have better right upon any verbal Treaties but rather adventure their lives bodies souls and their whole kingdoms utter ruine than part with their usurped Supremacy 10. That the most unrighteous Usurpers of the royal Throne by apparent perjury fraud force treachery will feign forge publish some specious pretext or other of Title or popular election to palliate or extenuate their intrusions to avoid the infamy of Tyrants and Usurpers and take off the Odium of their most unrighteous Intrusions of which we see footsteps both in Harold William then and Rich. 3 of late 11. That unjust Invaders of Crowns for the most part bring many miseries troubles warrs and ruins not only on themselves and their posterities but likewise on their Kingdoms and people as Harold did 12. That royal Usurpers when they are most successfull insolent and secure as Harold after his victory in the North are nearest greatest dangers and ruine 13. That such Usurpers are commonly very vigilan● and industrious to preserve their own Interest and Power under pretext of the common defence and safety of the Nation yet more rely on their Mercinary forces than the unmercinary Militia of the Nation 14. That Usurpers though they may have many Flatterers and seeming Friends to write and act for them whiles in prosperity yet are commonly generally deserted both by Nobles People yea their own indeared Friends and kinred in their greatest dangers when they need them most as Harold was 15. That few English Nobles Gentry or Commons will readily adventure their Lives in a Vsurpers quarrel when and where his Title stands in competition with a better and clearer right as most of them deserted Harold 16. That the reign of perjured Invaders of others Thrones is commonly very short full of Wars Troubles Fears Jealousies and their ends for the most part bloudy tragical as was Harolds and Rich. 3. 17. That the sordid Covetousnesse of Kings and Generals in oppressing their people and depriving their Subjects and Souldiers of their just and lawfull spoils after victory over the Enemies is a ready means to alienate their affections and cause a defection from them to their Opposites 18. That when God hath designed a perjured Vsurpers or Nations ruine for their crying sins he suddenly stirs up unexpected Enemies and Instruments to effect occasions to facilitate it and so infatuates them that they become altogether uncapable of any good advice and reject all Propositions and Accommodations that might prevent the same as Harold obstinately did 19. That none are more forward publikely to appeal to God himself for to judge and decide the Justice of their cause and proceedings than the most perjurious and unrighteous Vsurpers That when such presumptuously and atheistically dare openly appeal to God himself for justice against their Opposites or Competitors he usually cuts them off by exemplary deaths and fatal Overthrows as he did Harold both to manifest his severe Justice and Indignation against such Atheistical and hypocritical Apellants and Appeals and to deterr all others from such practices 20. That all sacred Oathes and sworn Contracts solemnly made to others in things lawfull or indifferent be it through fear or voluntarily upon premeditation ought religiously and inviolably to be observed and n●● wilfully infringed or eluded by shifts and pretences as here by Harold 21. That God sooner or later doth usually avenge in an exemplary manner the perjurious wilfull breach of solemn Oathes even in Kings themselves and the greatest persons whose detestable perjury oft brings sudden destruction both upon themselves their kinred Posterity and whole Armies and Kingdoms too as in the case of Harold 22 That perjured persons fighting in a cause directly against their corporal Oaths can expect no other successe in battel but either flight or death And that one Battel may both lose and win a whole kingdom so unstable are even kingdoms themselves 23. That the barbarous murders the cruel oppressions of Innocent people are apt to stirr up a universal Insurrection against their Governors and Instruments and usually end in the dethroning expulsion death and destruction of the Authors of them of which Tosti yields us a notable president And that people when once justly enraged against such bloudy tyrannical Oppressors become altogether implacable and will never brook their future Government over them 24. That base carnal fears in times of imminent danger usually dis-joynt those persons councels forces whom the Common danger should more unite and make them desert the probablest means of their publike preservation liberty peace settlement by setting up the Right heir of the Crown as Edgar here against the Intrusions and Pretences of all usurping Invaders of the Soveraign power 25. That a few timorous Counsellors Great Persons or Clergy-men in times of danger are apt to disappoint the magnanimous resolutions and daunt the heroical Spirits of such who are most cordially affected both to their Native Countries Lawes Liberties and right heir to the Crown and to draw them to unworthy compliances with them against both 26. That stout resolute real Patrons of their Native Countries Laws and Liberties will then appear most cordially zealous to protect own and fight for them when they are in greatest danger to be lost and most disowned deserted betrayed by other timorous and time-serving persons witnesse the