whose General he was and thereupon usurping his Throne and turning a Tyrant as most Usurpers do was in the very â—irst year of his usurped reign expelled the Realm and soon after slain by Offa and so dignum sinem insidiarum tulit being Author necis of his Sovereign King Ethelbald à suis tutoribus fraudulentèr interfectus as our Hisâ—orians observe A good Memento for other Traitors and Usurpers treading in his footsteps Qui Regnum Tyrannus invasit per modicum tempus in parvà laetitiâ— jocunditate tenens Regnum cum vitâ perdidit as Wigorniensis writes of him The English complaining to King Offa in the year 775. of the great exactions in forein parts under Charls the Emperour they being then at variance so as their trading and merchandize was every where prohibited in both their Realms thereupon King Offa by gifts sent to the Emperour obtained this Grant and Privilege from him for his Subjects That all Pilgrims passing through his Dominions to Rome for piety and devotion sake alone should have free and peaceable passage without any molestation or Tribute That all Merchants and others in the company of Pilgrims passing only for gain not devotion should pay only a certain established Tribute in sitting places That all English Merchants and Traders should have lawfull protection by his command within his Realm and if in any place they were vexed with unjust oppression that upon complaint to him or his Iudges they should have full justice done unto them In the year 780. Aethelred or Adelred king of Northumberland was deposed by his Subjects after he had reigned 3 years and quite driven out of his Realm by his Nobles who the next year after assaulted and burnt a certain Consull or Earl being their justice in his â—wn house plus aequo saevientem for tyrannizing beyond the Bounds of Law and Right I shall not insist upon the manifold Insurrections of these Northumberlanders against their kings nor their disloyal depositions expulsions Murders of most of them upon pretended oppressions and Exorbitancies in Government rather than â—eal nor on the strange general bloody frequent depredations wars devastations Plagues Judgements Invasions by Danes Normans Scots and others inflicted justly on them for the same by Divine Justice more than on all other parts of this Iland since I have touched some of them before and shall glance at more of them hereafter all which the studious may read at leisure in Maslmesbury Huntindon Hoveden Aethelwerdus Matthew Westminster Bromton Florentius Wigorniensis Simeon Dunelmensis Radulphus de Diceto Polychronicon Holinshed Speed and others Only I shall give you the sum of them about this age in the words of Simâ—on Dunelmensis and Richardus Hagulstaldensis Crudelis exinde Barbarorum manus innumeris navibus in Angliâ—m transvecta omnia quaqua versum depopulans Northunhymbrorum autem provincias atrocius devastans omnes Ecclesias omnia Monasteria ferro incendio delevit adeò ut nullum pene Christianitatis signum post se discedens reliquerit Monachi qui loci reverentia confidentes remanserunt de Ecclesià extracti alii in mare sub hostibus submersi alii Captivi abducti alii detruncati alii aliis tormentis miserabiliter affecti omnes simul interiêrunt Et indè prosiliens slammà et ferro in exterminium omnia duxit c. After which sad successive devastations for sundry years by the Danes they were so totally depopulated and extirpated by Famine Sword and Pestilence by the Normans An. 1069. that the whole Country was reduced into a desolate Wilderness without an inhabitant and lay untilled for nine years space bestiarum tanâ—um latronum latibula being only Dens of Beasts and Theeves And how many times it hath been wasted de populated with fire and sword since this by the Scots and what barbarous cruelties they have exercised therein you may read in the Continuation of Simeon Dunelmensis by the Prior of Hagustald col 264. in Historia Ricardi Prioris Hagustaldensis de Gestis Regis Stephani bello Standardi col 315 316. and other Chronicles since that time The Lord in Mercy divert the like judgements from that Northern part and the whole kingdom now for the like transgressions of a later date In the year of Christ 787. as most account Pope Adrian sent Legates into England to confirm the faith which Augustine had preached who being honourably received both by the Kings Clergy and People thereupon held a great Parliamentary Council at Calchut Chalchuthe or Cealtide as Henry Huntindon stiles it In this Council Offa king of Mercians and Kenulphus king of West-Saxons â— with all their â—cclesiastical aâ—d seculaâ— Princes Nobles Elders Bishops Abbotsâ— were prâ—sent who all subscriâ—eâ— and consented to the Ecclesiaestical and Temporal Laws and Canons therein made and published being 20 in Number The principle whereof relaâ—ing to my Theam I have formerly recited In this Parliamentary Council King Offa caused Egfrid his eldest son to be solemnly crowned King who from thenceforth reigned with him And in it Iambertus or Lambert Archbishop of Canterbury much against his will resigned part of his Arch-Bishoprick to the Arch-bishop of Litchfield by the command and power of King Offa who envying the â—ower and Pride of the Archbishop of Canterb. deprived him in this Council notwithstanding all Iamberts appeals to Pope Adrian of all Lands and Iurisdiction within his Realm of Mercia erecting a new Arch-bishoprick at Litchfield to which he subjected all the Bishops of Mercia being then six in number â—ill by another Council they were reunited to Canterbury after the decease of Offa. About the year 788. there being some difference amongst Historians in the year there was a great Council held at Ade and after that anoâ—her Council kept at Wincenhale or Pincanhale in Northumberland now called Finkely Sir Henry Spelman conceives that these Councils were principally summoned to prevent the incursions of the Danes who in the year 787â— came inâ—o Britain with 3 ships to discover the Coasts and prey upon it slew King Bricticus his Provost and after that many thousand thousands of the English at sundry times After this there was another Parliamentary Council or Synod held at Aclea or Aclithâ— at which time Duke Sigga by wicked Treason slew his Sovereign Alfwold king of Northumberland and was not long afterwards slain himself by the Danes who miserably wasted and destroyed that rebellious kingdom of Northumberland with fire and sword as a condigu puâ—ishment for their treasons Rebellions and Regicides of their Kings Anno 792. there was a Council held at a place called Fincale where the Archbishop with his Suffragan Bishops and many others were present What the occasion of it was appears not only our Historians relate That Osred king of Northumberland was this year chased out of his Kingdom by his rebellious subjects when he had reigned but one year and
Head Whereupon he as Ingulphus records going round about the Land paucos Rusticos relictos excoriavit Mercatores absorbuit Viduas Orphanos oppressit religiosos omnes tanquam conscios thesaurorum innumeris tormentis afflixit plucked oâ—f 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 hidâ—en Treasures with innumerable torments whence amongst very many evils he did Impoposing a Tribute of a thousand pounds uâ—on 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 â—nd protracting their life in greatest want Then all the Chalices of the said Monastery except 3. anâ— 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 oâ— 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 efsloruit tunc per miseram semiviri ignaviam omninó emarcuit Anno Dom. 875. though Speed post-dates 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 seditions kingdom of Northumberland sibi eam suisque Ministris distrâ—buit 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 fâ—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 tâ—ereof made him so odious loathsome to â—is 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 seditions Realm of Northumberland till diâ—posseâ—â—ed 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. 87â— 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 Seas and eucounter 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 devastâ—tions Abouâ— 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 tâ—e Laws which his pious predecessors Ina Ofâ—a 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 alâ—ered or exceâ—ded 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 peacâ— and receive right and Iustice by certain customs and Holy Iudgements and not be ruled in an arbitrary manner but by stable known Laws And it was then agreedâ— 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 bracelets in the High-ways and none durst touch them and a Girâ— 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 Compoâ—â—tione leâ—um Quibus Milvorum Rapacitatem Reprimeretur â—â—mplex 〈…〉 And amongst many other mâ—morable acts of his Juâ—â—ice as he frequently examined the Iudgements and Proceedings of his Iudges and Iustices severely checking them when they gave any illegal Iudgement 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 Horâ— in his Mirrour of Iustices records That he hanged up no less than 44 of his Iudges and Iustices in one year as Murtherers and Capital Offenders princicipally for their false Iudgements in condemning
and executing sundry of his people against Law without any lawfull tryal by their Peeres or Uerdict and Iudgement by a sworn Iury or upon in sufficient evidence or for Crimes not Capital by the Laws The names of these Iudges with their several offences you may read at large in Horn. Had those pretended Judges of a neâ— edition who of late arraigned condemned executed the King Nobles Gentlemen and Freemen of England in strange new arbitrary Courts of high Iustice without any legal Indictment and Tryal by a sworn Jury of their peers and many of them for offences not Capital by any known Lawes or Statutes of the Realm and upon very slender evidence lived in this Iust Kings reign they might justly fear he would have hanged them all up as Murtherers and Capital Malefactors as well as these 44 Judges not altogether so peccant in this kind as they this form of tryal by sworn Juries of their Peers then in use being since confirmed by the Great Charters of King Iohn and King Henry the 3 some hundreds of subsâ—quent Statutes and the Peâ—iâ—ion of Right not known in Alfreds days I find in the Prâ—face to King Alfreds Laws of which Laws Abbot Ethelred gives this â—rue encomium Leges Christianissimas scripsit promulgavit in quibus fides ejus et devotio in deum solliciâ—udo in subditoâ— misericordia in pauperes Iusticia ciâ—ca omâ—es cunctis legentibus pateâ— this observable passage That the Apostles elders assembled in a Synod at Jerusalem Acts 15. in their Epistle to the Churches of the Gentiles to abstain from things offered unto Idols added this Summary of all Laws And what ye would not to be done to your selves that doe ye not to others from which one precept it sufficiently appeareth unicuique ex aequo jus esse reddendum that right or Law is of Iustice to be rendred to every one neither will there be need of any other Law or Law-book whatsoever iâ— he who sits Iudge upon others shall only remember this that he would not himself should pronounce any other sentence against others than what he would should be pasâ—ed against himself in their Case But when the Gospel was propagated many Nations and amongst them the English embraced the faith of Gods word there were then held some Assemblies and Councils of Bishops and other most illustrious Wise men throughout the World and likewise in Eâ—gland and these being throughly instructed by Gods mercy dâ—d now first of all Impose a pecuniary Mulct upon Offenders and without any Divine Offence delegated the Office of exacting it to Magistrates leave being first granted Only on a Traitor and Deserâ—er of his Lord or King they decreed that this Milder punishment by pecuniary Mulcts was not to be inâ—licted because they thought just that such a man was not at all to be spared both because God would have Contemners of him unworthy of all mercy and likewise because Christ did not at all compassionate them who put him to death but appointed the King to be honoured above all others These therefore in many Councils singulorum scelerum paenas constituerunâ— ordained the punishments of every kind of offences and commitâ—â—â— them to writing From whence it is apparent First That all capital coporal and pecuniary Mulcts and penalties for any civil or Ecclesiastical offences whatsoever inflicted on the Subjects of this Realm in that and all former ages since they embraced the Gospel were only such as were particularly defined and prescribed by their Parliamentary Councils and the Laws therein enacted and not left arbitrary to the King Judges or Magistrates as it appears by â—he forecited passages of Beda Malmesbury Huntindon and Bromton concerning King Ethelberts Laws part 2. p. 50. by the Laws of King Ina Lex 2 3 4 6 7 9 10 11 12 13 14 15 21 22 25 26 27 30 31 32 34 35 36 37 38 39 40 41 46 47 48 49 54 57 58 64 73 75 76 80. more specially by the Laws of King Alfred himself Lex 1 2 3 4 5 6 7 8 9 12 13 14 15 17 20 21 24 25 26 27 28 29 30â— 31 32 33 34 35 38 39 40 41 42 44 45 46 48 51. with the Laws of our other Saxon kings prescribing parâ—icular fines pecuniary corporal and capital punishments for all sorts of offences and injuries to avoid all arbitrary proceedings and censures in such Cases 2ly That no imprisonment Corporal Capital or pecuniary Mulcts or punishments whatsoever justly might or legally ought to be then inflicted upon any Malefactors or Trespassers whatsoever but when where and for such offences only as the known Parliamentary and common Laws then in force particularly warranted and prescribed which penalties and Laws could not be altered nor abrogated but by Parliamentary Councils only 3ly That Common right and Justice were then to be equally dispensed to all men by our Kings Judges and other Magistâ—ates according to the Laws then established in such sort as they would have them administred to themselves in the like Caâ—es 4ly That â—ilfull Traitors and Deserters of their lawfull Lords Soveraigns were not to be spared or pardoned by â—he Laws of God or Men nor yet punished only with fines but put to death without Mercy Wâ—eâ—ce â—his Law was then enacted by king Alfred and his Wisemen Lex 4. Si â—uis vel â—er â—e veâ— suscepâ—am vel suspectam â—eâ—sonam De morte Regis tractet vitae suae reus sit et omnium quae habebit and â—f any fought or drew any weapon in the Kings house and was apprehended sit in arbitrio Regis sit vita sit mors sicuâ— ei condonare voluerit Lex 8. because it might endanger the kings person This king Alfred made two special Laws for securing even Leets and Inferiour Courts of Iustice from armed violence and distuâ—bances by fighting which I shall recite Lex 41. Si quis coram Aldermanno Regis pugnet In publico emendet Weram Witam sicut rectum sit supra hoc CXX â— ad Witam Lex 42. Si quis Folemot id est populi placitum Armorum exercitione turbabit emendet Aldermanno CXX s. Witae id est foris factuâ—ae What Fines and punishments then do they deserve who not only fight before and disturb Aldermen and Leets with their Armes but even disturb fight and use their Armes against our Aldermen themselves yea all the Aldermen Peersâ— and Great men of the Realm assembled in the highest greatest Parliamentary Councils and over-awe impriâ—on secure seclude and forcibly dissolve them at their pleasures as some of late times have done beyond all former Presidents During the reign of this Noble king Alfred Gythro the Dane sometimes stiled Godrin or Guthurn Anno 878. with an invincible Army running over all the Coaâ—â—s of England waâ—â—ing the Country and depopulating all sacâ—ed places wheresoeâ—er he came quicquid in auro et argento rapere potest Militibâ—s
corroboratae consecâ—aâ—ae sunt prae caeteris regni legibus Leges Regis Edwardi quae quidem prius inventae constitutae â—uerunt tempore Regis Edgari avi sui Veruntatem post mortem ipsius Regis Edgari usque ad Coronationem S. Regis Edw. quod continet annos 67 predictae leges sopitae sunt et penitus praetermissae Sed postquam Rex Edwardus in regno fuit sublimatus Consilio Baronum Angliae Legem 67 annis â—opitain excitavit excitatam reparavit reparatam decoravit decoratam confirmavit confirmata vocata est Lex sancti Regis Edwardi non quod prius ipse invenisset eam sed cum praetermissa fuisset oblivioni penitus dedita â— morte avi sui Regis Edgari qui prius inventor ejus fuisse dicitur usque ad sua tempora videlicet 67 annis The Chronicle of Bromton col 956 957. gives us this large account of these and our other ancient Laws This holy King Edward the Confessor Leges communes Anglorum genti tempore suo ordinavit ordained common Laws in his time for the English Nation because the Laws promulged in former times were over-partial For Dunwallo Molmucius first of all set forth Laws in Britain whose Laws were called Molmucine sufficiently famous until the times of King Edward amongst which he ordained That the Cities and Temples of the Gods and the ways leading to them and the Ploughs of Husbandmen should enjoy the privilege of Sanctuary After which Marcia Queen of the Britons Wife of Guithelin from whom the Provinces of the Mercians is thought to be denonated publishâ—d a Law full of discretion and justice which is called Mercian Lawâ— These two Laws the Historian Gildas translated out of the British into the Latine tongue and so it was afterwards commonly called Merchenelaga that is The Law of the Mercians by which Law 8 Counties were formerly judged namely Gloucestershire Worcestershire Herefordshire Shropshire Chesshire Staffordshire Warwickshire and Oxfordshire After these there was supeâ—added a Law written in the Saxon or English tongue by Ina King of West-Saxons to which Alfred King of the West-Saxons afterwarâ—s superadded the Law which was stiled West-Saxenelega that is the Law of the West-Saxons By which Law in antient times the 9 Southern Counties divided by the River of Thames from the rest of England were judged namely Kent Sussex Surrey Berkeshire Wiltshire Southampton Somersetshire Dorset and Devonshire At length the Danes dominering in the Land a third Law sprang up which was called Danelega that is the Law of the Danes by which Law heretofore the 15 Eastern and Northern Counties were judged to wit Middlesex Suthfolk Northfolk Herthfordshire Cambridgeshire Huntingdonshire Lincolnshire Nottâ—nghamshire Derbyshire Northamptonshire Leicestershire Buckinghamshire Beddefordshire and Yorkshire which County of York heretofore contained all Northumberland from the water of Humber to the River of Twede which is the beginning of Scotland and is now divided into six Shires Now out of the foresaid three Laws Merchenelega West-Saxenelega and Danelega this King Edward set forth one common Law which even to this day is called the Law of Edward The like is recorded by Hygden in his Polychronicon l. 1. c. 50. Mr. Iohn Fox in his Acts and Monuments vol. 1. p. 213 214. Samuel Daniel his Collection of the History of England p. 22. Iohn Speed his History of Great Britain p. 410. Fabian Hâ—linshed Caxton Grafton and others almost in the self-same words These Laws are no where extant in any Manuscripts or printed Authors as they were originally compiled and digested into one body by him and his Barons but as they were presented upon Oath to and confirmed by King William the Conqueror in the 4th year of his reign of which Ingulphus Abbot of Croyland in the close of his History to which they are annexed in some Manuscripts gives us this account flourishing in that age Attuli eadem vice mecum de Londonâ—is in meum Monasterium Leges aequissimi Regis Edwardi quas Dominus meus inclytus Rex Willielmus autenticas esse et perpetuas per totum Regnum Angliae inviolabiliter tenendas sub paenis gravissimis proclamarat et suis Insticiariis commendarat eodem idiomate quo editae runt ne per ignorantiam contingat nos vel nostros aliquando in nostrum grave periculum contraire offendere ausu temerario regiam majestatem ne in ejus censuras rigidissimas improvidum pedem ferre contentas saepius in eisdem hoc modo These Laws are partly Ecclesiastical partly Civil recorded by Roger de Hoveden Annalium pars posterior p. 611. to 631 by Mr. Lambard in his Archaion Henry de Knyghton de Eventibus Angliae l. 2. c. 4. Spelmanni Concili p. 613. Mr. Iohn Selden ad Eadmâ—rum Notae Spicelegium p. 172. to 195 Mr. Iohn Fox his Acts and Monuments vol. 1. p. 214. wherein those who please may peruse them â—n these Laws it is observable 1. That all capital corporal pecuniary punishments fines for criminal offences and all reliefs services and duties to the King are reduced to a certainty not lefâ— arbitrary to the King his Iustices or other Officers for the Subjects greater liberty ease and security 2. That they protect preserve the Possessions Privileges Persons of the Church and Clergy from all Invasion injury violence disturbance and specially enact That not only all Clerks and Clergy men but all other persons shall enjoy the peace of God and the Church free from all assaults arrests and other disturbances whatsoever both on Lords-days Solemn Festivals and other times of publike Church meetings eundo subsistendo redeundo both in going to continuing at and returning from the Church and publike duties of Gods worship or to Synods and Chapters to which they are either summoned or where they have any business requiring their personal presence wherewith the Statute of 8 H. 6. c. 1. concurs as to the later clause Therefore all Quakers Anabaptists and others who disturb affront and revile assault or abuse our Ministers or their people as many now doe in going to or returning from the Church or whiles they continue in it as well before or after as during Divine Service Sermons or Sacraments there administred may and ought by the Common Law of England confirmed both by Confessor and Conquerour in their Parliamentary Councils to be duly punished as Breakers of the Peace by all our Kings Justices and Ministers of publike Iustice being ratified by Magna Charta c. 1. and the Coronation Oaths of all our Kings which all our Judges and Justices are bound to observe To keep to God and holy Church to the Clergy and to the People Peace and Concord entirely according to their power especially during the publike worship of God in the Church and in going to tarrying at and returning from the duties which they owe unto him both as his Creatures and Servants And to grant keep and confirm the Laws Customs
in the world who publickly imbraced professed countenanced propagated the faith and Gospel of Iesus Christ and abolished Pagan Idolatry in their Dominions And of later times as our English Realm brought forth King Henry the 8th the first Christian King in the world who by Acts of Parliament abolished the Popes usurped power and jurisdiction out of his Dominions King Edward the sixth his son the first Christian King and Queen Elizabeth the first Christian Queen we read of in the world who totally abolished suppressed Popery banished it their kingdoms and established the publike Profession of the Protestant Religion by publike Statutes made in their Parliaments So during the reigns of our Saxon Kings after they turned Christians this Realm of England procreated more devout holy pious just and righteous Kings eminent for their piety justice excellent Ecclesiastical and Civil Laws transcendent bounty to the Church Clergy and Martyrdom for the defence of Religion and their Country against Pagan Invaders than any one Kingdom throughout the World There being no less then 15 or 16 of our Saxon Kings and 13 Queens within 200 years space who out of piety devotion and contempt of the world according to the piety of that age out of date in this voluntarily renounced their earthly Crowns and Kingdomâ— and became professed Monks Nuns to obtain an incorruptible Crown and Kingdom in Heaven 12 Kings crowned with Martyrdom being slain by Pagan invaders 10 of them being canonized for transcendent Saints and enrolled for such in all Martyrologies Liturgies of the Church which I doubt few of our new Republican Saints will be Yea the piety of our Kings in that age was generally so surpassing Ut mirum tunc fuerat Regem non Sanctum videre as John Capgrave informs us Whence Wernerus a forein Chronologer in his Fasciculus temporum records Plures se invenisse sanctos Reges in Anglia quam in alia mundi Provincia quanâ—umcunque populosa And Abbot Ailred long before him gives this memorable testimony of the Sanctity Martyrdom Iustice and study of the peoples publike we al before the private shining forth in our Saxon Kings more than in any other kings throughout the world Verum prae cunctis civitatibus Regnisve terrarum de sanctitate Regum suorum Anglia gloriatur quorum alii coronati martyrio de terreno ad caeleste Regnum migraverunt alii exilium patriae praeferentes mori pro Christo peregre deligerunt nonnulli posito diademate disciplicinis se monasticis subdederunt quidam in justitia et sanctitate regnantes prodesse subditis quam praeesse maluerunt whose footsteps with the pretending self-denying antimonarchical domineâ—ring Saints over us would now imitate inter quos istud Sydus eximium gloriosus Rex Edwardus emicuit quem cernimus in divitiis egenum in deliciis sobrium in purpura humilem sub corona aurea seculi contemptorem So as the Prophesies of Psal. 72 2 6. Isay. 42 4 10 12. c. 49.1 23. c. 51 5. c. 60 9 10 11. c. 66.19 seem to be principally intended and verified of our Kings Isle above alâ—others in the world No wonder then that these ages of theirs afford us notwithstanding all the wars tumults combustions therein sundry memorable Presidents of great Parliamentary Councils Synods Civil and Ecclesiastical excelleut Laws aud Canons made in royal Charters confirmed by them with divers memorable Mouuments both of our Parliamentary Councils Kings Princes Nobles Peoples constant care diligence prudence fortitude in defending preserving vindicating and perpetuating to posterity the good old Laws Liberties Franchises Rights Customs Government publike justice and Propriety of the Nation to suppress abolish all ill Law tyrannical unjust Proceedings Oppressions Exactions Imposts Grievances Taxes repugnant thereunto to advance Religion Piety Learning the free course of Iustice and the peoples welfare Which I have here in a Chronological method for the most part faithfully collected out of our antientest best Historians and Antiquaries of all sorts where they ly confused scattered and many of them being almost quite buried in oblivion and so far forgotten that they were never so much as once remembred or inâ—isted on either in our late Parliaments aud Great Courts of Iustice in any late publike Arguments or Debates touching the violation or preservation of the fundamental Laws Liberties Properties Rights Franchises of the Nation now almost quite forgotten and trampled under foot after all our late contests for their defence I have throughout these Collections strictly confined my self to the very words and expressions of those Historians I cite coupling their relations together where they accord in one citing them severally where they vary and could not aptly be conjoyned transcribing their most pertinent passages in the language they penned them omitted by our vulgar English Chronologers and annexing some brief observations to them for Explanation or Information where there is occasion The whole undertaking I here humbly submit to the favourable acceptation and censure of every judicious Reader who if upon his perusal thereof shall esteem it worthy of such an Encomium as William Thorne a Monk of Canterbury hath by way of Prologue praefixed to his own Chronicle Valens labor laude dignus per quem ignota noscuntur occulta ad noticiam patescunt praeterita in lucem praesentia in experientiam futura temporibus non omittantur quia labilis est humana memoria necesse constat scriptis inseri memoranda ne humanae fragilitatis contingens oblivio fieret posteris inopinata confusio It will somewhat incourage me to proceed from these remote obscure times to ages next ensuing in the like or some other Chronological method But if any out of disaffection to the work or diversity from me in opinion shall deem these Collections useless or superfluous I hope they will give me leave to make the selfsame Apology for my self and them as our most judidious Historian William of Malmesbury long since made for himself and his Historical collections Et quidem erunt multi fortassis in diversis Regionibus Anglâ—ae qui quaedam aliter ac ego dixi se dicant audisse vel legisse Veruntamen si recto aguntur judicio non ideo me censorio expungent stilo Ego enim veram Legem secutus Historiae nihil unquam posui nisi quod à sidelibus relatoribus vel scriptoribus addidici Porro quoquo modo haec se habeant privatim ipse mihi sub ope Christi gratulor quod continuam Anglorum Historiam ordinaveram vel solus vel primus at least wise in this kind Si quis igitur post me scribendi de talibus munus attentaverit mihi debeat collectionis gratiam sibi habeat electionis materiam Quod superest munus meum dignanter suscipite ut gaudeam grato â—ognitoris arbitrio qui non erravi eligendi judicio Thus craving the Benefit of thy Prayers for Gods Blesâ—sing on these my
a cruel death who gave him this ill advice and to pacifie his Brothers â—host 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 Landâ— to expâ—ate 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 Athelstanâ— 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 Malmesâ—ury 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 Commoâ—weâ—lâ—h 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 Jusâ—ice enacted sundry excellent civil and ecclesiasâ—ical Laws recorded in Bromt. Lamb. Spelm. The first of these his Laws were made and enacted in the famous â—ounâ—il of Grately about the year 928 in which the king himself Wulfehelm Archbishop of Canteâ—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 〈◊〉 inâ—orms us in â—hese words Totum hoc institutum est et confirmatum In magno Synodo apud Grateleyam cui Archiepiâ—copâ—◠〈…〉 et omnes Optimates et Sapientes quos Adelstanus Rex potuit Congregare Or Cumâ—â— Optimates et Sapientes ab Aetheâ—â—tano evocaâ—â— frequentissimi as another Copy renders itâ— which proves that all the Members of this Council were summoned to it by this kings writ and not elected by the peoples sufâ—rages And although the Archbishops Bishops and other Clergy men were the chief advisers of the Ecclesiastical Lâ—ws made in this Council as this Prologue to them attests Ego Aethelstanus Rex ex prudenti â—lâ—â—elmae 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 commandedâ— 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 conserâ—abitur ubi Lucrum impium et magis falsum diligitur Ideo â—eâ—ent omnes amici Dei quoâ— miquum en enervare quod â—ustum est elevare non paâ—i ut propâ—er falsum et pecuniae quaestum se forisfaciant homines erâ—â—â—ere â—apientem Deum cui displicet omnis injustitia Which I wish all our unrighteous covetous â—â—x-maâ—â—ers Excisers and Exacters would now seriously consider Afâ—er which it follows Chrisâ—ianis autem omnibus necesâ—arium 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 Iudges might not vary And withall defines what Armes every man should â—ind 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 read at large in Bromâ—on and as the first Chapâ—er and this Prologue to those Laws assure us ` Haec sunt Judicia quae Sapientes Exonâ—ae consilio Adelstani Regis instituerunt iterum 〈◊〉 Fevresham â— et tertia vice apud Thundresfeldiam ubi hoc definitum simul et confiâ—matum est et hoc imprimis est ut observentur omâ—ia Judicia quae apud Gratelâ—yam imposita fuerint praeter mercatum Civitatis et Diei Dominicae The Cause of making these new Laws and confirming the old was a Complaint to the King in the Council at Exeter that the Peace and Laws made at Grateley were not so well kept as they should be and that Theâ—ves and Malefactors abounded as this Prologue manifests Ego Adelstanus Rex notifico vobis sicut dictum est Michi quod pax nostra pejus observata est quam Michi placet vel apud Grateleyam fuerit institutum Et Sapientes Michi dicunt quod hocdiutius pertuli quà m debueram Nunc inveni cum illis Sapientibus qui apud Exoniam fuerint mecum in sancto Natali Domini quod parati sunt omnino quando velim cum seipsis uxoribus pecunia omni re suâ ire quo tunc voluero nisi malefactores requiescant eo tenore quo nunquam deinceps in patriam istam redeant c. In the Council of Fevresham in Kent the King by some of his Wise-Counsellors sent thither to it propounded some things for the weal
â—hrough all the Counties of the Realm diligently to search and inquire how his Laws Statutes Ordinances were kept and observed by his Princes Great Men and Oâ—ficers lest the Poorer sort of people should suffer prejudice or be oppressed by the Greater Richer And whether his Iudges or Iustices judged uprightly according to the Laws or injured any through Bribery Malice or Partiality Violati Iuris severus Ulâ—or being a severe Revenger of his violated Laws sparing neiâ—â—er Rich nor Poor but judgiâ—g him justly according to the quality of his transgâ—ession In hoc Justitiae in ilâ—o fortitâ—dinis in utrâ—que Reipublicae Regni utilitatibus consulens as Wiliam of Malmesbury and Flor. of Worcester reporâ— of him Et ideo tempore suo latrones nulli fuerunt nec aliquis qui Guerram vel turbationem in Regno movere aâ—debat Merito ergo non infirma inter Anglos fama est nullum nec ejus nec superioris aetatis Regem in Anglia recto aequabili judicio Edgaro comparandum He being Flos et Decus anâ—ecessorâ—m Regum non minus memorabils Anglis quam Romulus Romanis Cyrus Persis Alex. Macedoniis Arsaces Parthis Carolus Magnus Francis â— as Malmesbury Abbot Ethelred Florentius VVigorniensis Simeon Dunelmensis Henry Huntindon Matthew VVestminster and others record of him who are much more copious in his prayses Mr. Fox closeth up his Encomiums of him with this Speech As I see many things in this worthy Prince to be commended so this one thing in him I cannot but lament to see him like a Phoenix to fly alone that of all his Posterity so few there be that seâ—k to keep him company Towards the end of his Reign the Welchmen moving some rebellioâ— â—e thereupon assembled a mighty Army to suppress and prevent it wherewith he entring into the Country of Glamorgan sharply punished the Ringleaders thereof But his Souldiers doing great harm in plundering the Country lading themselves with spoyls the King out of his bounty commanded them to restore to the People all the spoyls they had gotten and more especially St. Ellutus Bell that was hanged about an Horses neck whereby he purchased singular love and honor from the Inhabitants At length afâ—er he had reigned thus 16 years and two months in great tranquillity and honor totum regnum sanctis legibus strenue gubernantem as Endmerus relaâ—es of him he died happâ—â—y oâ— Tuesday the 8 of Iuly Anno 975. Nec potuit malè mori qui benè vixerat qui tot Ecclesias Deo fundaverat qui tot bona perennia brevi tempore statuerat as Henry Arch-Deacon of Huntingdon observes who bestowed this honourable Epitaph on him remembred also by others Auctor opum vindex scelerum largitor honorum Sceptifer Edgarus Reâ—na supeâ—na petit Hic alter Solomâ—â— legum Pater Orâ—ita Pacis Quod caruit bellis claruit inde magis Tempâ—a 〈…〉 dedit â—gros Nequitiae lapsum justiciaeque locum Novit enim Regno veâ—um pâ—rquirere â—aâ—â—o Immensum modico perpetuumque brevi Immediately after his death Res et spes Anglorum retro sâ—blapsae sunt totins Regni status eâ—t perturbatus et post â—empus laetitiae quod iâ—â—ius â—empore vigebat pacificè caepit tribulatio unâ—ique advenire as Malmesbury Wigorniensis Hoveden Simeon Dunelmensis and Bromton observe such an incomparabâ—e loâ—s was the death of so just pious and prudent a King to the whole Nation qui juâ—entutis vitia poâ—â—ea mâ—gnis virtutibâ—s delevit when most others do quite contrary King Edgar at the time of his decease leaving behind him two Sons by two venters Edward his eldest Son by Queen Ethelfleda his first Wife then but 12. years old and Ethelred his second Son by his second Queen Elfreda then not much above 7. years of age 〈◊〉 arose â—â—reâ—t contention amongst the Nobles of the Realm about choosing of a new King â—or Queen 〈◊〉 wiâ—h Aâ—feâ—us Duke of Mercia and many other Nobles siding with the maried Secular Priests against the Mâ—nkish Clergy combined to advance â—oung Ethelredâ— electing him unanimously for their King disavowing Edwarâ— as illegitimaâ—e and begotâ—en of an harlâ—â— before mariage as Malmesbury de Gestis Regum l. 2. c. 8. Osburn in the life of Dunstan Nicholas Trivet Iohannis Parisiâ—nsis Vincentius Antoninus Matthew Pâ—rker in the Life of Archbishop Dunstan Mr. Fox and others repute him though Ingulphus Huntindon Hoveden Mat Westminsteâ— Florentius Wigornensis Bromton Abbot Ethelred Simeon Dunelmensis Radulphus Cistrensis and the generality of our modern Historians repute him Edgars lawfull Son and right heir to the Crown Whereupon the most of the Nobles elected him to succeed unto his Father The two Archbishops Dunstan and Oswald with all the Bishops Abbots and Clergy of the Monkish faction holding their new-gotten States dangerous and their footing unsure if in the nonage of the King their Opposites should rule all under him as they imagined they would if Ethlred were elected by themâ— thereupon abetted the Title of Edward as altogether wrought to their mould and treading in his Fathers footsteps lawfully begotten in the nuptial bed of Queen Ethelfleda right heir to his Father and by him dâ—signed to succeed him Their claimes thus banded amongst the Nobles Duustan and Oswald foreseeing the danger prudently assembled all the Bishops Abbots and Nobles together in a Great Council to debate their rights and settle the title Where Archbishop Dunstâ—n as â—ome write comming in with his Cross and Banner dum consecrâ—tionis ejus â—empore nonnulli Patriae Optimates resistere voluissent noâ—â—taying â—or further debating de Iure presenâ—ed Prince Edward in the midâ—t of them de Facto for their Lawfull King as his Father had declared him at his death Upon which the Major part of the Council being Clergymen electedâ— anointed and consecraâ—ed Edward for their King Quibusdam Optimatum murmurantibus some of the Noâ—les of â—he contrary party murmuring at it especially Qâ—een Elfrida who thought to advance her young Son to the Throne that so she might rule all things and reign under the colour of his name as Dunstan and the Monkish Clergy did under the colour of King Edwards whose Counsels and admonitions he diligently followed in all things and judgements acted by him During the Interregnum and banding of these two parties about the right of the Crown and immediately after Edwards coronation there arose great controversies tumults and civil Warrs between the Monkish Clergy and maried Secular Prâ—ests and the Nobles siding with both parties The marieâ— Priests presently upon Edgars death complained to Queen Elfrida Elfere and the Nobles That they were unjustly expelled out of their Churches by the Monks and their prevailing party alleging that it would be a very great and miserable dishonour to the Nation and shame to them ut novus advena veteres colonos migrare compelleret hoc nec Deo gratum â—utari qui veterum habitationem concessiâ—set nec alicui probo homini
a new Edgar Athelings title was worthy more respect than it found for him they held too young for government besides a stranger born scarce speaking English and withall the prophecies of Edward touching the alienation of the Crown the interest of the Danes and the claim of Duke William made both by gift and consanguinity bred great distractions of desires and opinions but nothing concluded for setling the State no man assuming or possessing the diadem because none had the power or right to adorn therewith his own head In this calm conference a sudden gale arose which blew all the sails spred for that wind into one port Harold son to Earl Godwin a man duly prizing his many worthy parts not unmeet for a Kingdom next Edward his Broâ—her-in-law in the kingdom courteous in speech and behaviour in martial prowesse the only man qui vivente Edwardo quaecuâ—que contra eum bella incensa sunt virtute sua compressit cupiens se Provincialibus ostentare in regnum scilicet spe prurienti anhelans as Malmsbury writes of him friended by asâ—inity of many of the Nobles expected to be both sided and assisted if his cause came either to trial or voice seeing the time well sitted his entrance Swane King of Denmark most dreaded by the English being then intangled with the Sweden wars William the Norman that made claim from King Edward then absent and at variance with Philip the French King the friends of Edgar in Hungary and himself a Stranger over young for to rule all which concurrent made Harold without deliberation or order from the States to set the Crown on his own head regardlesse of all ceremony and solemn celebration for which act as a violater of holy rites he too tooâ—much offended the Clergy none either greatly applauding or disapproving his presumption except only for the omission of manner and form Harold having gotten actual possession of the Crown Marianus Scotus Florentius Wigorniensis Huntindon Hoveden Sim. Dunelmensis Radulphus de Diceto Hygden Fabian Graâ—ton Hâ—linshed Cambden and Speed record that to ingratiate himself with the Clergy people He began to destroy evil Laws and Customs before used and stablished just and good Laws especially such as were for the defence of holy Church He likewise became a Patron of Churches and Monasteries respected and reverenced Bishops Abbots Monks and Clergymen shewed himself pious humble affable to all good men and hatefull to all Malefactors publickly commanding all his Dukes Earls Sheriffs and other Officers to apprehend all Thieves Robbers and Disturbers of the Realm himself likewise taking extraordinary paines and care for the defence and guarding of the Realm both by Land and Sea Whereunto Iohn Speed superadds He remitted or diminished the grievous customs and Tribute which his Predecessors had raised a course ever powerfull to win the hearts of the Commons to Churchmen he was very munificent and carefull of their advancement and to grow more deeply in their venerable esteem he repaired their Monasteries especially that at Waltham which he sumptuously new built and richly endowed Moreover to satisfie such Nobles as affected young Edgar he created him Earl of Oxford and held him in special favour In brief unto the poor his hand was ever open unto the oppressed he administred Justice and all to hold that Crown upright which he had set on his own head with an unsure hand and deprived him of unto whom he was Protector But these Encomiums of his Justice and Government seem to me to be rather forged than real For how could he râ—form ill Laws and Customs and enact good Laws when King Edward had so newly and exactly done it before him that there was no need of such a reformation neither â—inde we the least mention of any Laws made by Harold Or how could he remit or diminish those grievous câ—stoms and Tributes which King Edward had totally remitted before him unless himself first revived them Or how could he court the Prelates and Clergy when as he refused to be consecrated by them for which he incurred their disfavour I rather therefore incline to the quite contrary Characters which other Historians give of him and his Government as most consonant to truth Henry de Knyghton though he recites what some forementioned write in his favour yet gives us this account of his proceedings himself Iste devenit nimâ—s eâ—latus et cupidus in collectione auri et argenti et thesaurorum nec aliquam uxorem ducere voluit vi oppressit filias Baronum Procerum atque Militum de regno quod ipsi aegrè ferebant Et de Forestis suis tantam ferocitateÌ„ seviritatem erga adjacentes Nobiliores exercuit quod quamplures adniâ—tlavit et multos depauperavit Neo mirum quamvis ex hiis et aliis nimis odiosus devenit populis suis. Et ideo pars Comitum et Baronum ad inviâ—em conferebant dicentes ipsum non esse fortunae deditum nec verum esse Regem sed per intrusionem erectum et ideo infauste regere populum suum Et mandaverunt Willielmo Duci Normanniae ut in Angliam veniret eorum Consilio et Auxilio Ius Regni prosecuturus feceruntque ei fidelem securitatem veniendi et consensit And Matthew Westminster gives us this character of him Superbia elatus jam factus de Rege Tyrannus Rex Haroldus in multis patrisans temerarius suit et indiscretus in praesumptione ancipiti nimis suae invictae confidens fortitudini laudis cupidus et Thesauri promissorum immemor arridente prosperitate Unde ipsis Anglis quibus praeerat etiam consanguineis se praebuerat odiosum victoriamque cum illi Dominus exercituum et Deus ultionum concesserat non Deo sed sibi suaeque ascripsit strenuitati Quod recenti experientia fuerat comprobatum cum a Noricis eviâ—tis Superbus spoliisque omnium retentis quae aliis promissa debebantur ad Normannorum praelia praecipitanter et inconsultè festinavit Unde Ducis Gulihelmi maguanimi in negotiis bellicis peragendis et circumspecti fidelis in pollicitis in pace socialis jucundi in conviviis dapsilis et serenâ— omnibus fere tam Anglis quam conterminis maxime tamen Noricis acceptabatur Recipientes eum benevole dicebant Benedictus qui venit in nomine Domini Rex paciâ—icus bellator victoriosus pater protector desolatorum Dominus autem Papa simulque fraâ—res Cardinales universi cum tota Curia Romana Regem Haroldum semper exosum habentes pro eo quod sibimet diadema Regni sine eorum convenientia et ecclesiastica solemnitate consensuque Pralatorum praesumpserat injuriam dissimularunt Et vidâ—ntes quo fine ausa praesumptio terminaretur cum fortuna adversa sunt adversati potentioriq manu atque victrici more cupidorum vel potius arundinis exagitatae ventorum turbine quantocius inclinaverunt Such was the Popes Clergies temper then Duke William being certainly informed that Harold contrary
Edesham with the Fields Woods Pastures and all things thereunto of right appertaining free from all secular services Fiscal tributes except these three Expedition Building of Castle and Bridge The next in time is the â—rant 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 aforesaid 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 oâ— their Crowns to pious or other uses were then either valid in Law or obligatory to their successors without common consent and ratiâ—ications 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 beneâ—it of their Realms by their own royal Charâ—ers 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 fulâ—y 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 Leâ—ters 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 Gervasiusâ— Doroberniensis Matthew Parker and Godwin in his life where they are recorded and in Matthew Westminster An. 880. Chronicon Iohannis 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 Ecclesiasticae Historiae l. 4. c. 5 17 18. Mr. Fox Acts and Monuments vol. 1. p. 160 161. To which I shall reâ—er 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 soâ—ls and the common conservation of his Realm Enacted sundry Ecclesiastical and civil wholsom Laws that by them just judgements might be founded and esâ—ablished throughout his Dominions and that from thenceâ—orth 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 pious 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 all other Laymen whatsoever should not invade the Righâ—s Laâ—ds or Dominions of the Churches which they then confirmed nor presume to violâ—te the Privileges granted to them and specially by king Withreds Charter which they ratified in this Council with all their subscripâ—ions wherein he and they exempted Churches from all sâ—cular services and Tribuâ—es but such as they should voluntarily and freely render without compulsion which should not be drawn into custom to their prejudice wiâ—neâ—â—e this Clause of the Charter and exemption then confirmed ab omni debito vel pulsatione Regalium Tributorum â—isi suà spontanea voluâ—tate ex laâ—gitate 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 quiâ—usdam militaribus enacted sundry Ecclesiastical and civil Laws to be added to the former Laws and customs of Kent the first
and there fasted 8 days space but then sending a great Army into the Kingdom of this murtherea Prince seised on united it to his own Empire But Gods exemplary vengeance pursued this hainous bloody Treachery notwithstanding all his seigned 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 had conquered 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 Debâ—â—e 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 York sate President with very many wise and great Men by whose Wisdom and Iustice 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 oâ— 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 â—acancâ—ld 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 presenâ— Wherein by the command of Popâ— 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 Iurisdiction 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 Priâ—ces at the request of Athelardus Archbiâ—hop 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 Proviâ—ciaâ— Council held at Clovesâ—o or Clyffe In the year of our Lord 800. by Kenulf king of Mercians Athelwerdus Archbishop of Canterbury and all the Bishops Dukes Abbots â—â—juscunque dignitatis viâ—os and men of all sorts of â—ignity where after some inquity how the Catholique Faith was kept and Christian Religion practiced amongst them The Lands which king Ofâ—a and â—ing Kenulph had forcibly taken away from Christ-Church with the Nunnery of Cotham and the Hides of Land called Burnam were Synodali Iudicio by the Iudgâ—meâ—t 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 Athelardus recuperavit dignitates possessioâ—es quas Offa Râ—x 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 betweâ—n them their Heirs and Successors or King Offa 's in future times concerning the same but that they might peaceably inâ—oy them without interruption for ever And moreover the Archbishop gave unto Cynedrytha the Monastery called Pretanege which king Egfâ—id gave to him his heirs Which proves the Great Councils and Synods in that age to be Parliaments and that they judicially restored Lands uâ—jusâ—ly taken away by Kings upon complaint examiâ—aâ—ion anâ— due proof made therâ—of as well as inquired oâ— errors and abuses in Religion In â—his Council â— conceive iâ— was that Kenulph with his Bishops Dukes et omni sub nostra Ditione Dignatis gradu compâ—ed and 〈◊〉 Letter to Pope Leo the third promising obedience to his commands reâ—uestingâ— that the ancienâ— Canons might be observed and the Iurisdiction and Power of the See of Canterbury which King Ofâ—a and Pope Adrian had diminished and divided â—â—to two Provinces or Archbishâ—pricks might be restored and united again thereto to avoid Scisms and craving the Popes answer to these their request 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 Iurisdiction 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 dissolvâ—d the See of Canterbury restored to its former plenary Metropolitical Iurisdiction according to Pope Leo his Decree By the advice and Decree of the whole Council which commanded in the
Guthurn the Dane reconfirmed the Civil and Ecclesiastical Laws formerly made and ratified by his Father King Alfred and Guthurn But Guthurn dying in the year 890 full eleven years before this Edward was king could not possibly ratifie these Laws at the time of this Accord being 16 years after his decease as the Title and Prologue to those Laws in Mr. Lambard and Spelman erroneously affirm wherefore I conceive that this confirmation of these Laws was rather made in the year 921. when all our Historians record that after king Edward Anno 910. had sent an army into Northumberland against the perfidious and rebellious Danes slain and taken many of them Prisoners and miserably wasted their Country for 4 days space for breaking their former Agreement with him after his Sister Aegelfled An. 919. had forced the Danes at York to agree and swear that they would submit to her and her Brothers pleasure in all things and after Edward had vanquished the other Danes Scotch and Welsh in many Battles thereupon in the year 921. the king of Scots with alâ— his Nation Stredded king of Wales with all his people et Regnaldus or Reginaldus Reginald King of the Danes with all the English and Danes inhabiting Northumberland of which Reginald then was King comming to King Edward An. 921. submitted themselves unto him elected him for their Father and Lord and made a firm Covenant with him â— And therefore I conjecture that Guthurnus in the Title and Preface of these Laws is either mistaken or else mis-written for Reginaldus then King of these Northern Danes who had no King in the year 906 that I can read of in our Historians Abbot Ethelred gives this Encomium of this Kings transcendent modesty and justice Rex Edwardus vir mansuetus et pius omnibus amabilis et affabilis adeò omnium in se provocabat affectum ut Scotti Cumbri Walenses Northumbri et qui remanserant Daci eum non tà m in Dominum ac Regem quam in Patrem eum omni devotione eligerent Tanta dehinc Modestia regebat Subditos tanta Justitia inter proximum et proximum iudicabat ut contra veritatem non dico nihil velle sed nec posse videretur unde fertur quibusdam iratus dixisse dico vobis si possem vicem vobis redidissem Quid non posset Rex iu Subditos Dominus in Servos Potens in infirmos Dux in milites Sed quicquid non dictabat aequitas quicquid veritati repugnabat quicquid non permittebat Justitia quicquid Regiam mansuetudinem non decebat Sibi credebat impossibile I wish all our modern domineering Grandees would imitate his presidential Royal Example Yet I read of one injurious Act done by him After the decease of his renowned Sister Elfleda Queen of Mercia Anno 920. he dis-inherited her only Daughter Alfwen or Elwyn his own Neece of the Dominion of all Mercia who held that Kingdom after her Mother seising and Garrisoning Tamesworth and Nottingham first and then disseising her of all Mercia uniting it to his own Realms and removing her thence into West-Sex Magis â—eurans an utilitâ—r vel inutilitèr Quan an justè vel injustâ— Writes Henry Huntingâ—oâ— which inâ—rious action Si violanda sit fides regni caâ—sâ violandae will not excuse The Chronicle of Bromton records that King Edward as he inlarged the bounds of his Kingdom more than his Father So Leges condidit he likewise made Laws to goveâ—n it which are there registred to Posterity in two parcels as made at several times but in what year of his Reign this was it informs us not The first of these Laws declaring his zeal to publick Justice according to the Laws then in Force is this Edwardus Rex mandat et praecipit omnibus Praefectis et Amicis suis ut Justa â—udicia judicent quam rectiora possint Et in judicialâ— Libro stant â— nec parcant nec dissimulent â—pro aliquâ Re Populi Rectum et jus publicum recitaâ—e et unumquodque placitum terminum habeat quando peragatur quod tunc recitabitur The first Chapter of the second part of his Laws intimates that they were made by his Wâ—se men assembled in a Parliamentary Council at Exeter witness the contents thereof Edwardus Rex admonuit Omnes Sapientes quando fuerunt Exoniae ut investigarent simul et quaererent quomodo pax eorum melior esse possit quà m anteà fuit quia visumest ei quod hoc impletum sit aliter quam deceret et quam ante â—praecepisset Inquisivit itaque qui ad emendationem velint redire et in societate permanero quâ ipse sit et amare quod amat et nolle quod nolit in Mari in Terrâ Hoc est tunc Ne Quisquam rectum difforceat alicui Siquis hoc faciat emendet sicut supra dictum est In his first Laws then either made or rehearsed prima vice 30 s. secundâ fimilitèr ad tertiam vicem 120 s. Regi The last Chapter being the VIII in Bromtons translation but the XI in the Saxon Coppy is this Volo ut omnis Praepositus habeat Gemotum an Hundred Court semper ad quatuor hebdomadas et efficiat ut omnis homo rectum habeat et omne placitum capiat terminum quando perveniat ad finem Siquis hoc excipiat emendet sicut antè dictum est King Edward deceasing Aethelstan his eldest Son designed by his Fathers Will to succeed him was elected King at Winchester in the year 924. Magno Optimatum consensu et omnium favore and soâ—emnly 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 Brotheâ— Edwin being legitimate and next heir as they pretended whom the Generality of the Nobles rejected nondum ad regnandum propter teneros Annos Idonâ—o 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 drownedâ— But the Page recovering his body by rowing with his hands and feet brought it to Land where it was inâ—erred The King was hereat so â—roubed 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
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 acciâ—i sunt convenire Where they all 〈…〉 de catholicae cultu Religionis reparando deque etiam rei statu publicae reparando vel consulendo plura et non pauca utpote divinitus â—inspirati 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 whereof I shall here transcribe being very pertinent to my subject Cap. 5. Sapientes decernunt Ut Leges quique coram Deo eâ— hominibus aequas â—â—atuant 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 inâ—ontem 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 secundum humanam fragilitatem tolerabilis Cap. 9. Nemo dehinc in posterum Ecclesiae servitium imponat nec clientelam Ecclesiae injuriis afficiat nec Ministrum Ecclesiae ejiciat inconsulto Episcopo Cap. 21. Veâ—ba et opâ—ra rectè quisque disponat er Jusjurandum pactamque fidem cautè teneat 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 singuloâ— annos ob patriae defensionem et munitionem praeparentur poâ—ique sacrosanctum Paâ—cha cum cunctis utensilibus competentibus fimul congregentur Qua etiam poena digni sunt qui Navium detrimentum in aliquibus perficiunt notum cunctis esse cupimus Quicunque aliquam ex Navibus per quampiam inetriam 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 ejuâ—dem munitionis fractura sibimet pertinet ritè persolvat Cap. 24. De Militiam deâ—ractante 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 jaceat Cap. 29. Scrutari oportet diligentius unumquemque modis omnibus quonam pacto illud ante omnia efferatur Consilium quod populo habeat utilissimum et ut recta Christi religio â—xime provehatur injustumque quodlibet funditus extirpetur Haec enim in rem â—uerinâ— 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 â— Rege nostro magnopere edicta cuncti 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 breaâ—hing time from wars by his Peace concluded with the perfidious Danes hâ—ld three other great Parliamentary
election of the Nobles Clergy and People That although the several Titles he Pretended were perhaps if curiously examined not sufficient to give him a true legal Title and Right to the Crown of England à parte ante because not agreed unto and confirmed by the general consent of the Nobles Kingdom and Nation in a Parliamentary Great Council but only by the King and some particular Prelates and Nobles out of Parliament as Harold in his answers alleged yet being ratified ex parte post both by the subsâ—quent consent agreement submission election Oath homage and fealty of all the people Nobles Clergy by their legal free crowning of him aâ— first by Edgar Atheling his own submission fealty and resignation of his royal right and Title thereby unâ—o him and ratified by succeeding Parliamentary Councils it became an inâ—uhitable Right and Title both in Law and Iustice to him and his Posterity against all others who could lay no legaller Title thereunto he continuing confirming all the antient fundamental Laws Liberties Customs and Government of the English Nation without any alteration both by Oaths and Edicts I shal therefore conclude this point with the words of Shard a learned Lawyer in King Edward the third his reign who when the Kings Counsel in a Quo Warranto against the Abbot of Peterborough would have made a Charter of king Edgar void because they allegedâ— all Franchises were devolved to the Crown by the Conquest replyed thereâ—o The Conquerour came not at all to â—ut any who had lawfull possession out of their rights but to dispossess those who by their wrong had seised upon any land in dis-inherison of the King and his Crown And with the words of our judicious Hiâ—â—orian Sa. Daniel concerning this king VVilliam Neither did he â—ver claim any power by conquest but as a regular Prince submitted himself to the orders of the Kingdom desiring to have his Testamentary Title howsoever weak to make good his succession rather than his sword And though the stile of Conqueror by the flattery of the time was after given him he shewed by all the course of his Government he assumed it not introducing none of those Alterations which followed by violence but by a mild gathering upon the disposition of the State and the occasions offered and that by way of reformation And although Sir Hen. VVotton gives this verdict of them VVe do commonly and justly stile him the Conquerour For he made a general conquest of tâ—e â—â—ole Kingdom and People either by Composition or Armes c. Yet he addes He was Crowned on Christmas day 1066. at which time he would fain have compounded a Civil Title of I know not what Alliance or Adoption or rather Donation from Edward the Confessor As if hereditarie kingdoms did pass like Newyears gifts The truth is he was the heir of his Sword Yet from these pretences howsoever there sprang this good That he was thereby in a sorting aged to cast his Government into a middle or mixed nature as it were between a lawfull successor and an Invader though generally as all new Empires do savour much of their beginning it had more of the Violent than of the Legal If any domineering Souldiers or others upon this false surmise of Duke VVilliams right to the Crown and Realm of England by meer conquest â— shall henceforth presume to claim and exercise a meer arbitrary absolute tyrannical and despotical power over our English Nation Laws Liberties Parliaments Estates Persons as over a meer conquered Nation against all Commissions Trusts Oaths Engagements Declarations and the rules both of Law and War it self being raiâ—ed waged commissioned only to defend and preserve us from conquest by the opposite party Let them know that they are far greater worser Enemies to their own Native Country than this Norman Duke or any of our former British Saxon Danish Norman or English Kings who never claimed the Crown by meer conquest in any age but only by some real or pretended Title of Inheritance or at least by a free and general election both of the Nobility Clergy and people as this King William did From the former Historical Passages concerning Harold Tosti Duke William and the Kentishmen I shall deduce these legal Observations 1. That no Tax Subsidie or Imposition whatsoever could in that age be imposed on the English or Norman Subjects by their Kings or Dukes but by their common consentâ— in their Parliamentary Councils where they were denied when inconvenient to the publike as well as granted when convenient 2. That no English or Norman Subjects were then obliged to aid and assist their Soveraigns with their persons arms estates or subsidies granted in any foreign invasive war but only left free to contribute what private assistance they thought fit in such cases 3. That no publike wars in that age were ever undertaken but by common advice and consent in great Parliamentary Councils 4. That the Kings of England in that age however they came to the Crown by right or wrong held it both their bounden duty interest safety to defend and preserve the Laws Rights Liberties of the Church and people to enact and maintain good Laws and abolish all evill Laws Rapines Exactions Tributes and to govern them justly according to their Coronation Oaths and not arbitrarily or tyrannically according to their pleasures 5. That no Freemen in that age could be justly imprisoned banished or put to death but for some hainous misdemeanors and that by a legal trial and conviction 6. That the Subjects of England then held it their bounden duties in times of forein invasion to defend the Realm their Lives Liberties Properties both by Land and Sea against forein Enemies yet they held themselves dis-obliged and were generally averse to defend the person or Title of any Usurper of the Crown against any forein Prince or other Person who had a better right and title to it 7. That our English Ancestors in that age esteemed their hereditary Liberties good antient Laws and Customs more dear and pretious to them than their very lives and would rather die fighting for their Laws and Liberties like freemen than live under slavery or bondage to any Soveraign whatsoever 8. That the Kings of England in that age could neither give away nor legally dispose of their Crowns Kingdoms or Crown Lands to others without the privity and free consent of their Nobles and Kingdom in general Parliamentary Council as is evident by Harolds answers to VVilliams Embassadours the recited passage of Matthew Paris upon that occasion and this of Samuel Daniel p. 34. So much was done either by King Edward or Harold though neither act if any such were was of power to prejudice the State or alter the course of right succession as gave the Duke a colour to claim the Crown by a donation made by Testament which being against the Law and Custom of the Kingdom could be of no validity
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 prae caeteris 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 jacebat 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 est et 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 granâ—ed 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 raiâ—ed 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 evil doers from it and utterly to dâ—stroy 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 pronounâ—ed concerning the name of a King by William the bastard King of England foolishly writ to Pope John demanding this queâ—â—ion 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 â— 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 abovâ— all things ought to fear God to â—ove 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 aud 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 the Realm as well of the Temporalty 〈◊〉 of the Spiritualty before he be crowned of the Archbishops and Bishopâ— Three Servants the King ought to havâ— under his feet as Vassals Fleshly Lust Avarice and Grâ—edy desire whom if he keep under as his Seruants and Slaves he shall reign well and honourably in his Kingdom All things are to be done with good advisement and premeditation and that properly belongeth to a King For hasty rashness bringeth all things to ruine according to the saying of the Gospel Every kingdom divided in it self shall be desolate c. A clear evidence that our Saxon Kingâ— had no arbitrary nor tyrannical power to condemn banish imprison oppresse or Tax their Subjects in any kinde against their Laws Liberties Properties And thus much touching King Edwards Laws Qui ob vitae integritatem Regnandi Iustitiam clementiam Legumque sive à se latarum sive ex veteribus sumptarum Equitatem inter Sanctos relatus est as Matthew Parker records of him In the year of Christ 1053. as many or 1054. as others compute it that old perjured Traytor Earl Godwin came to a most soddein shamefull exemplary death by divine justice which the marginal Historians thus relate and Abbot Ailred thus prefaceth Inserendum arbitror quâ—modo Godwinum proditionum suarum donatum stipendiis divini judicii ultrix ira consumpserit detestandique facinoris quod in Regem fratremque ejus coÌ„miserat populo spectante ipsam quam meruerat poenam exolverat This Godwin being the Kings Father-in-law abusing his simplicity multa in regno contra jus et fas pro potestate faciebat did many things in the