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
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
HISTORIARCHOS OR The Exact Recorder Being The most faithfull Remembrancer of the most Remarkable transactions of Estate and of all the English Lawes and the just Motives of them for the Proprieties Rights and Liberties of the English Subjects As most elabourately they are Collected for the benefit of them out of the Antiquities of the Saxon and Danish Kings unto the Coronation of WILLIAM the Conqueror and continued unto the present Government Of RICHARD now Lord Protector By WILLIAM PRYNNE Esquire and Bencher of Lincolne Inne LONDON Printed for Francis Coles dwelling at the Signe of the halfe-Bowle in the Old Baily 1659. To the Ingenuous Unprejudiced READER I Here present thee with The Third part of a seasonable Legal and Historical Vindication of the good old Fundamental Liberties Franchises Rights Properties Laws Government of all English Freemen with A Chronological Collection of their Strenuous Defences by Wars and otherwise of all the Great Parliamentary Councils Synods chief Laws Charters and other Proceedings in them the great fatal Publick Revolutions Invasions Wars National Sinnes occasioning them and the exemplary Judgements of God upon Tyrants Oppressors Perjured persons Rebells Traytors Regicides Usurpers under our Saxon and Danish Kings since the year of Christ 600. till the Coronation of King William the Norman anno 1066. with some Short Observations of mine own here and there subjoined for the Readers benefit and instruction A work neither unseasonable for nor unsutable unserviceable to our present times worthy the serious perusal of all who profess themselvs trons of the Publique Fundamental Rights Liber-Paties Laws Properties Government of the English Nation or studious of our old Parliamentary Councils Acts Laws Charters Proceedings or of our English History From which intelligent wise Christian Readers by observing the Providences Iudgements Proceedings of God towards our ancestors and others for their national personal crying bloody sins in former ages may probably conjecture what Tragical Judgements Events our whole Nation in general many transcendent Delinquents in particular have now just cause to fear and expect for their exorbitant iniquities equalling or exceeding any in those former ages unless their speedy real sincere repentance reformation and Gods infinite mercy ward them off True it is that the infallible certainty of future contingent judgements and events national or personal are known only to God himself who changeth the times seasons removeth Kings and setteth up Kings pulleth down one and setteth up another roots up pulls down destroyes builds plants Nations Kingdomes Cities Families Persons at his pleasure doing whatsoever pleaseth him both in heaven earth the Sea all deep places and amongst all the Inhabitants of the earth and none can stay his hands nor say unto him What dost thou Yet notwithstanding wise intelligent Christians by a serious tâ—utination and comparing of the Iudgements of God expresly threatned against and usually inflicted upon Nations or Persons for such and such transgressions in precedent generations may probably conjecture predict what severe exemplary punishments our late present transcendent wickednesses outragious crimes are like to draw down upon our impenitent secure perjured sinfull Nation and the hairy scalps of all those Grand Offenders who go on still in their exorbitant trespasses though they deem themselves advanced above the reach of any Powers or Tribunalls which may pull them down and execute justice on them answerable to their bloody crimes and violences there being an higher than the highest who is both able and resolved to execute vengeance on them in his due season as well as on all Notorious grand Offenders in former ages though never so many if their repentance prevent it not It was Davids profession to God though a victorious King General and Man of War My flesh trembleth for fear of thee and I am afraid of thy judgements O that this were the present temper of our secure Nation and all the sinners warriours and Grandees in it in this fearless stupid age wherein though we commit wickedness with both hands our tongues doings are against the Lord to provoke the eyes of his glory and we all proclaim our sins like Sodome and hide them not yet Gods judgements are far above out of our sight and we all say in our hearts like those secure Atheists mentioned in the Psalmist we shall never be moved we shall never be in adversity God hath forgotten he hideth his face he will never see nor require it Yea notwithstanding all Gods threats curses against his late severe punishments of our National personal sins We blesse our selves and say in our hearts we shall have peace though we walk in the imaginations of own hearts to add drunkennesse to thirst quite forgetting what follows thereupon The Lord will not spare such men but the anger of the Lord and his jealously shall smoke against them and all the curses that are written in his book shall lie upon them the Lord shall blot out their names from under heaven Let therefore the contemplation of the National Personal judgements of God upon our Ancestors here recorded for those crimes of w ch we are now as deeply guilty as they were then awaken us from our present Lethargy lest we be sodainly destroyed and that without remedy and teach us all this Gospel lâ—sson Rom. 11.20 21. Be not high minded but fear for if God spared not the naturall branches heretofore or of late take heed lest he also spare not thee Rumor de Veteri faciet futura timeri The fourth Section of the third chapter which begins this third part should have been printed with the Second part as a branch thereof above two years since but that the Stationer then kept it back for fear it should swell that Part overbigg for his present Sale whereby the bulk of this Third Part is now augmented beyond its first intended proportion which all Readers may do well to binde up with the two former parts to which it hath special relation more particularly to the ten Propositions in the First Part to which the Proposition figures in the margin refer The most of that large tract of 450. years space I have here Chronologically run through was spent either in bloody intestine wars between our Saxon Kings themselves or the Welsh Britons warring upon and against each other or else in defensive Wars both by Land and Sea against the invading bloody plundering Danes Norwegians Scots Normans and other Foreign Nations During which Mâ—litary seasons Religion Devotion Piety Law Iustice Parliamentary Councills Synods and just Government are usually cast aside and quite trampled under foot yet it is very observable for the perpetual honour of our Kingdomâ— and Kings thatâ— as during the reign of our antient Bâ—itish Kings before the Saxon race here seated our Kingdome of Brittain produced Lucius the first Christian King Helena the first Christian Queen and Constantine the great her son the first Christian Emperour
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
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
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
exhibuisset Which intimates that this King consulted with an assembly of his Nobles a-about his Sisters Marriage to the King of France as a mater of Parliamentary consideration Ingulphus Hist. p. 876 877 878. records that Turketulus was his Chancellor and chief Counsellour who affected not Honors and Riches refuâ—ed many Bishopricks offered him by the King Tanquam â—endiculas Satanae ad animas evertendas and would never accept of any Bishishoprick all his life being Content only with his own Lands and Wages That all his Decrees were so just and legal that they remained irrevocable when once made That he was a great Souldier and fought most valiantly against the Danes and often gloried and said He was most happy in this that he had never murdered nor maimed any one Cum pugnare â—ro patria maximè contra Paganos licite quisque possit He esteeming the slaughter of such Pagan Enemies in defence â—f his Country lawfull and no murther nor maim King Aethelstan deceasing without iâ—â—ue his Brother Edmund succeeded him An. 940. who upon the false suggestions of some of his Souldiers and Courtiers dedeprived Dunstan whom he had made his Chancellour and one of his privy Conâ—cil year ranked amongst the Royal Palatines and Princes of his Realm of all his dignities and Offices The very next day after being like to break his Neck as he rod a hunting over a steep Rock had not his horse miraculously stopped at the Rocks brink in his full carier he immediatly sent for Dunstan and to repair the injury done him rod presently â—o Glastonbury and made him Abbot thereof Presently after Anlaâ—fe King of Norwey whom Aethelstan had driven out of the Kingdom of Northumberland came with a great Navy and Army to York being called in by the persidious and rebellious Northumberlanders who instantly revolted to him and elected him for theâ—r King Whereupon he marching Southward wiâ—h a puissant Army purposing to subjugate the Realm of England to himself King Edmund gathering his forces together encountred him and after a bloody battel fought a whole day between them at Leicester with great loss on both sides Odo Archbishop of Canterbury and Welstan Archbishop of York perceiving the danger on both parts and the Destruction of the Realm made this Agreement between them that Anlaffe should quietly enjoy the whole Northeast part of England lying North of Watlingstreet and Edmund all the Souâ—hern part thereof during their joynt Lives and the Survivor of them enjoy the whole Realm after the others decease Bâ—t Anlaffe soon after wasting the Church of St. Balter and burning Tivinagham with fire was presently seised on by Gods avenging Iudgement and miserably ended his life About the year 940. Hoel Dha Prince of all Wales sent for six Laymen eminent for authority and knowledge out of every Kemut or hundred of his Realm and all the Archbishops Bishops Abbots Priors of his Realm digniâ—ied with a Pastoral staff who continuing all togâ—ther in prayer fasting and consultation all the Lent did in this Welsh Paâ—liament make and enact many Civil and Ecclesiastical Laws which they divided into 3 parts and books â—or the better Government of the Realm and Church which you may read in Spelman In the 22 Law whereof they thus determine Tres autem sunt homâ—nes quorum nullus potest per Legem impignoraâ—e contra aliquod Iudicium Primus est Rex ubi non poterit secundum Legem in Lite stare coram judice â—uo agendo vel respondendo per dignitatem naturalem vel per dignitatem terrae ut Optimas vel alius So that by the Laws of those times nor only the Kings of England but even the petty Kings of Wales were by their very Natural and Royal Dignities exempted from all personall Tryals and Iudgements against them in any Courts of Iustice seeing they had no Peers to be tryed by In the year 940 Reingwald or Reginald the Dane comming with a great Navy into Northumberland slew most of the best Inhabitants of that Realm or drove them out of it He likewise seized upon all the Lands of St. Cutbert and gave his Lands to two of â—is Souldiers one of them called Scula who afflicted the miserable Inhabitants with Grievous aud intollerable Tributes whence even unto this day the Yorkshire-men as often at they are compelled to pay Tributum Regale A Royal Tribute endeavour to impose a pecuniary Mulct on the Land which this Scula possessed for the easing of themselves Scilicet Legem deputant quod Paganus per Tyrannidem fecerat qui non legitimo Regi Anglorum sed barbaro et aliegenae Regis Anglorum hosti militabat Nec tamen quamvis multum in hoc Laboraverint Pravam Consuetudinem huc usque Sancto Cuthberto resistente Introducere potuerunt writes Simeon Dunelmensis The other part of those Lands one Onlasbald seised upon who was much more cruel and oppressive to all men than Scula extraordinarily vexing the Bishop Congregation and People of Saint Cutbert and particularly seising upon the Land belonging to the Bishoprick Whereupon the Bishop oft endeavouring by perswasion to draw him to God and entreating him to lay aside the obstinate rigor of his mind and refrain himself from the unlawfull Invasion of the Churches Lands else if he conâ—temned his admonitions God and St. Cutbert would severely avenge the Injuries done by him to them and others He with a diabolical mind contemning his admonitions and Threats swore by his Heathen Gods that he would from thenceforth be a more bitter Enemie towards St. Cuthbert and them all than ever he was before Whereupon the Bishop with all his Monks falling prostrare on the earth earnestly prayed to God and his holy Confessor to annul those proud Tyrants Threats who was then comming into the place where they were praying having one foot within the Door and the other without in which posture he stood there immovably fixed as if both his feet had been nayled being able neither to go out nor come in but standing immovable till being long thus tortured he there gave up his miâ—erable soul in the place with which example all others being terrified would no further presume by any means to invade the Land nor any thing else belonging of right to the Church Anno 941. the Rebellious o Northumberlanders preferring disloyalty before the Fealty which they owed unto Magnificent Edmund King of England elected Anlaff King of the Norâ—eyans for â—heir King Son to the former Anlaff who perishing suddenly for his Sacrilege as aforesaid he and Reginald the Son of Garthfrith after their Baptism breaking their faith and Agreement with King Edmuâ—d by invading his Dominions Edmund thereupon by force of Armes expelled them both out of the Realm of Northumberland and united it to his own kingdom and wrested Lincoln Nottingham Derby Leicester and Stamford out of the hands oâ— the Usurping insolent oppressing Danes with all Mercia subduing and reducing the
vix aliquis id possit persolvere Quapropter omnibus qui prius adventum ejus desiderabant magnopere factus est exosus summopere Anno 1041. Harde-Cnute King of England Huscarlas missit per omnes regni sui Provincias Or Ministros suos per omnes fines regni destinavit sent his Officers through all the Counties parts of the Realm to exact and collect the Tribute which he had imposed without sparing any and to furnish his Mariners with all necessaries from thence Two of which Oâ—ficers Faeder and Turstin exacting this Importable Tribute with great rigour and cruelty from the Inhabitants of the County and City of Worcester were thereupon tumultuously slain by them in a Monastery whither they fled for Sanctuary on the 4 th day of May. The King being very much incensed therewith sent Godwin with all the rest of the Earls of England and almost all his Officers and whole army thither â—o avenge their deaths commanding them to slay all the men if they could to pillage and burn the whole City and County who coming thither the 2. of November wasted the City and County for 4. dayes space but took or slew few of the City or County because they having notice of their coming fled all away to an Iland in the midst of Severn called Beverage which â—hey fortified and so long manfully defended against their Enemies til they had recovered their peace and obtained leave quietly to return to their homes Whereupon on the fifth day they burnt the City every one returning with great booties and thereupon the Kings wrath was pacified but his reputation much ecclipsed and the affections of the people lost by that cruelty and Tax Which it seems was imposed by his own arbitrary power without any Grant or common consent in a Parliamentary Council Unde cunctis qui prius ejus adventum optaverant in Angliam exosus effectus est writes Mat. Westminster Contumeliam famae amori suo detrimentum ingessit adds Malmsbury This whole Tribute amounted but to 32137 l. which came not to the moity of one Moneths Contribution or Excise in our dayes Iohn Speed and some others write That Earl Godwin devising how the Crown might be worn by him or his to separate the hearts of the Subjects from the Prince thaen which there can be no greater wound unto both caused the King to impose heavy Tributes upon the English only to pay the Danes in his Fléet appointing every common Souldier and Mariner to receive 8. Marks in money and every Officer and Master 12. amounting to the summ of 32147 l. for the payment whereof there was so great a grudge that two of his Collectors were slain by the Citizens of Worcester which caused their City to be burnt and part of the County to be spoiled by the Kings command and their Bishop Alfred expulsed the See til with money he had purchased his peace But observe Gods Justice on this Exactor and Tax-imposing King soon after his cruelty at Worcester as he was revelling and carrouzing amidst his cups at Lambheth at a solemn Mariage-feast between a Danish Lord and Gotha an English Lady he suddenly fell down dead to the ground without speech or breath â—ot being lamented nor desired by reason of his unwonted Taxes excesse and riot Yea so far were all â—orts from bewailing him that in regard of their freedom from the Danish yoak which they attained ever since among the Common people the 8. of Iune the very day of his death is annually celebrated with open pastimes in the street as the old Romans kept their Fugalia for chasing out their King which time is now called Hoc-tide or Herextide signifying a time of scorning or contempt which fell upon the Danes by his death when he had voluptuously and oppressingly reigned over the English not full two years wanting ten dayes thereof Now here take special notice of Gods exemplary justice upon King Cnute the Danish Usurper and Invader of other mens Crowns and Kingdoms by treachery bloud war treason the murders of Edmund Ironside Pr. Edwin and Alfred and exile of the Royal posterity His base Son Harold dispossessed his Legitimate Son Harde-Cnute of the Crown of England contrary to his will and contract banished and spoiled his own Queen Emma of her Treasure and Jewels oppressed the people with Taxes and was soon cut 〈◊〉 by death without any issue Harde-Cnute after his death digs up his Brother Harolds corps beheads and then throws it into the common sink Thames incurs Gods and his Peoples hatred by his Oppressions Taxes Luxurie and is taken away suddenly in the midst of his age without issue before he had reigned two years His Son Swane to whom he bequeathed the Kingdom of Norwey which he got by treachery bribery force and the expulsion murder oâ— their rightfull pious King Olaus was expelled both out of Norwey and Denmark too by Magnus the Sonne of Olaus the English Army sent by Harde-Cnute to re-establish him in the Kingdom of Norwey routed in the field and so forced home thence with dishonour leaving Magnus in possession not only of Norwey but Denmark which he conquered and made Tributary to him Thus were all his three Sons within 8 years space after Cnutes death quite stript of all their three Kingdoms acquired by war blood conquest treachery and the English and Norwegian royal lines restored to their rights and Crowns again What persons then in their right sences would impiously spend much treasure levied on the oppressed people by violence rapin uncessant Taxes Excises or shed much human Christian blood to purchase other mens Crowns Kingdoms which are not only full of cares and troubles but so unstable short and momentary in their fruition as is most evident by the Danish Intruders CHAP. V. Containing a Brief Historicall Collection of all the Parliamentary Councils State-Assemblies Historicall Passages and Proceedings that concern the Fundamentall Liberties Priviledges Rights Properties Laws and Government of the Nation under the reign of King Edward the Confessor from the year of our Lord 1042. to 1066. wherein he died KING Harde-Cnute being sodainly taken out of this world without issue by divine Justice on the 6 day of Iune Anno 1042. thereupon the Earls and Barons of England immediately â—fter his death assembled together in a Great Council about the election of a New King Wherein OMNES ANGLORUM MAGNATES ad invicâ—m tractantes DE COMMVNI CONCILIO ET JURAMENTO STATUERUNT QUOD NUNQUAM TEMPORIBUS FUTURIS ALIQUIS DACUS SUPER EOS IN ANGLIA REGNARET hoc maximâ— pro contemptibus quos Angli à Danis saepiuâ— accâ—perunt c. as the Chronicle of Bromton others informe us All the Nobles of the English treating together decreed by common advice which they ratified with an oath THAT IN TIMES TO COME NEVER ANY DAâ—E or person of the Danish blood SHOULD REIGN OR BE KING OVER THEM IN ENGLAND ANY MORE
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
whereof is this That the Church shall be free and enjoy her Iudgements Rents and Pensions And Anno Dom. 700. this king Withred unâ cum consensu Principum meorum together with the consent of his Nobles and Bishops who subscribed their names to his Charter granted to the Churches of God in Kentâ— thâ—t they should be perpetually freed ab omni exactione publica tributi atque dispendio vel laesione à praesenti die tempore c. From all publick exaction of Tribute and from all dammage and harm rendring to him his posterity such honour and obedience as they had yeelded to the Kings hâ—s antecessors under whom Iustice and Liberty was kept towards them About the year of our Lord 678. Wilfrid Archbishop of â—ork â—eing in a Council unjustly depriâ—ed of his Bishoprick by Theodor Archbishop of Canâ—erbury who envied the greatness of his Wealth Power and Diocess which he would and did againâ—â— Wilfrids will in that Council divide iâ—to â— more Bishopricks was after that time exiled the Realm through the malice of Egfrid king of Nortâ—umberland and Emburga his Queen whom he would have perswadâ—d â—o become a Nun and desert her Husband as some Authors write and others deny in his favour without any just and lawfull cause and after that about the year 692. being again deprived of his Bishoprick and right by the Iudgement and sentence of another Council held under Aldrid king of Northumberland and Bertuald Archbishop of Canterbury he thereupon maâ—e two successive appeals to Rome against their two unjust sentences as he conceived them The first to Pope Agatho and a Council of 150 Bishops held under him who decreed he should be restored to his Bishoprick and make such Bishops under him by advice of a Council to be held `by him as he should deem meet with which decree against his first sâ—ntence he returning from Rome to king Egfrid to whom he delivered it sealed with the Popes Seal the king upon â—ight and reading thereof in the presence of some of his Bishops tantùm à reverentiâ Romanae sedis abfuit was so far from obeying this Decree of the Roman See that he spoiled Wilfrid of all his Goods and possessions and committed him prisoner to a barbarous and cruel Governour who thrust him into a dark dungeon for many daysâ— and after that committed him to another more cruel Gaoler than he called Tumber who endeavoured to put him into Fetters by the Kings command which he could no ways fasten upon his Legs but they presently fell off again through a Miracle Whereupon wickedness giving place to Religion he was loosed from his Bonds detained in free custody and afterwards released but not restored After which about the year 693. he appealed again to Pope Iohn against the proceedings of the second Council which refused to re-admit him to his Archbishoprick unless he would submit to the decrees of Archbishop Theodore and Brithwald his successor which he refused to do unless they were such as were consonant to the decrees of the holy Canons which he conceived theirs not to be because they would order him to condemn himself without any Crime objected to him Upon which appeal this Pope wiâ—h his Bishops pronounced Wilfrid free from all Crime and ordered him to return to his Aâ—chbishoprick writing Letters to Ethelred King of Mercians and Alfrid King of Northumberland to restore him thereunto Alfrid receiving the Popes Letters by Wilfrids Messengers altogether refused to obey the Popes commands in this Case saying Quod esset contra rationem homini jam bis à toto Anglorum Concilio damnato propter quaelibet Apostolica scripta communicare That it was against reason to communicate with a man already twice condemned by the whole Council of the English Nation for any writings of the Pope so little were the Popes authoritie and decrees then regarded in England contradicting the kings and English Councils proceedings neither would he restore him all his life After his death Edulfe usurping the Crown by Tyranny Wilfrid repaired to him to restore him to his Archbishoprick upon this account of the Popes Letters Whereupon he was so inraged with him for it though formerly his great friend that he presently commanded him to depart the Realm forthwith unless he would be spâ—â—led of all his goods and cast out of it with disgrace But this Usuper being deprived both of his Realm Crown and Life in little more than 3 Months space and Osred son of king Alfrid being restored to the Crown by the Nobles as right heir thereunto at last Wilfrid was re-invested in his Bishoprick by the decree of a Council held under him in Northumberland at a place called Nidden An. 705. not so much in obedience to the Popes command as king Alfrids attested by Elfleda his Sister then Abbess of Streneshash witness these words of Berfride Ego jussionibus Papae obediendum censeo praeâ—erâ—im cum eorum roâ—ori accedat Regis nostri Iussio â— nostrae necessit atis sponsio c. Puer in Regem levatâ—s hostis abactus Tyrannus extinctus est igitur Regiae voluntatis ut Episcopus Wilfridus revestiatur Upon which he was accorâ—ingly restored whereupon all the Bishops embraced him and reconciled themselves to him This Bishop Wilfrid procured to the Church of Hagustald which he founded and was Bishop thereof many privileges and that â—or one miles circuit round about none should be arrested going or coming buâ— injoy inviolable peace Quod inâ—titutum authoritate privilegiis Romanae sediâ— Apostolicorum Archiepiscoporum Episcoporum Regum Principum tam Scotiae quam Angliae confirmatum est Quod si aliquis temerarius insringere audebit magnae pecuniae damno obnoxius erit perpet no Anathematis gladio ab ecclesiâ— seperabitur as Richaâ—d Prior of Hagustald records Anno Domini 708 Egwin Bishop of Worcester procured king Kenred and Offa by their Charters to grant and confirm many Lands and Privileges â—o the Abbey of Evesham which Pope Constantine likewise ratified by his subscription at Rome as well as â—hese kings in the presence of many Archbishops Bishops Princes and Nobles of divers Provinces who commended and approved their Charters and Liberality In pursâ—ance whereof Pope Constantine writ a Letter to Brithwald Archbishop of Canterbury to summon Concilium totius Angliae a Council of all England to wit of the Kings Bishops Religious persons of Holy Orders Optimatesque Regni cum proceribus suis with the Nobles and great men of the Realm who being all assembled together in the name of the Lord The Archbishop should in their presence read the Charters of these Kings and the Popes confirmation of them that they might be confirmed by tâ—e favour and assent of the Clergy and the people and consecraâ—ed with their Benediction Whereupon king Kenred and Offa after their return from Rome assembled a General Council in a place called Alne
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
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
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
confidimus quod pax nostra melior erit quam antea fuit As these passages demonstrate the proceedings of the Parliamenrary Councils in that Age unknown to most for which end I have transcribed them at large so they clearly prove that Theeves or Felons much lesse other English Freemen could not be imprisoned killed put to death fined or ransommed but by special Acts and Laws made in General Parliamentary Councils nor any Laws made enacted or altered in such Coâ—ncils but by the Kings Royal Assent thereto who then frequently summoned thâ—m and all the Members of them by writ and nomination without the Peoples Election Henry de Knyghton de Eventibus Angliae l. 1. c. 5. anâ— some other fabulous Authors relate that in the eighth year of King Aethelstans reign Olaus King of Denmark Golanus King of Norwey and the Duke of Normandy with 8 Dukes and 5 hundred thousand Souldiers arived in England bringing with them out of Africa A Giant called Colybrand the strongest and most famous at that time throughout the World Whereupon King Aethelstan hearing of their comming Congregavit Magnates assembled his Noblemen at Winchester to advice with them how they might resist the Enemies and fight with them in Battel Thaâ— whiles king Aethelstan vacaret tali Coneilio et congregatione poâ—uli sui in Wintonia the foresaid kings came upon him with their Army and besieged him Cum Baronia sua with his Batons in that City for two years space Neither durst the English fight with them by reason of their multitude and Power In the mean time they made this Agreement that king Aethelstan should find out one Champion to fight a single Duel with Colybrand that in all future times the Realm of England should be held of the King of Denmark under a Tribute and if Colybrand were conquered by Aethelstans Champion rhen Olaus should forfeit and disclaim the Realm of England for him and his Heirs for ever and no King of Denmark should afterwards lay claim to the Realm of England nor yet molest it That the king in near one whole years space could not find out a Champion to encounter Colybrand whereupon he and his Nobles were very much troubled At lasâ— God by an Angel from Heaven directed the King to find out Guy of Warwick comming thither as a Pilgrim who undertook to encounter Colybrand and after a sharp battel with him in the view of both kings and their Armies cut off one of his hands and after that his head By which Victory the whole Land of England enjoyed the unviolated privilege of rest and Liberty from the Danish king untill Cnute king of Denmark gained the Realm of England from Edmund Ironside But this Relation being contrary to the truth of History and the Stream of all our Historiographers I shall repute it meerly fabulous though I could not well omit it for that Relation it hath to this my Theame anâ— precedent Propositions William of Malmesbury and others out of him record that Elfrid a Noble man who opposed Aethelstans Title to the Crown though in vain intended to have seized on him at Winchester and put out his eyes but his Treason being discovered before it came to the Accomplishment he was taken and sent to Rome to purge himself by Oath where before the Altar of St. Peter and Pope Iohn the 10 th he abjured the fact and thereupon fell suddainly down dead to the Earth and being carried from before the Altar by his Servants to the English School he there died within three daies after Upon this the Poâ—e â—ent to â—he king to advise what he should do with him and â—hether he should allow him burial with other Christiaâ— Câ—rps The king hereupon assembling a Council of his Nobles to advise about it Optimates Regionis â— the Nobles of the Realm with a great Company of Elfrids kindred earnestly requested of the King with great humility that his body might be committed to Christian Burial The King consenting to their Request acquainted the Pope therewith who granted him Christian Burial though unworthy Hereupon the Nobles adjudged all his Lands and Possessions great and small to the King who by their consent granted and confirmed them all to the Abby of Malmesbury by his Charter wherin he recites Sciant Sapientes regionis Nostrae non has praefatas terras me injustè Rapuisse Rapinamque Deo Dedicasse sed sic eas accepi Quemadmodum judicaverunt omnes Optimates Regni Anglorum Insuper et Apostolicus Papa Romanae Ecclesiae Johannes After which reciting the Treachery perjury and death of Elfred with his Condescention to his Nobles and friends request aforesaid he concludes thus Et sic Adjudicata est mihi tota possessio ejus in magnis et modicis Sed et haec Apicibus praenotamus literarum ne quamdin Christianitas regnat aboleatur unde mihi praefata possessio quam Deo et Sancto Peiro dedi donatur nec Justius novi quam Deo et sancto Peiro hanc possessionem dare qâ—i aemulum meum in conspectu omnium cadere fecerunt et mihi prosperitatem Regni largiti sunt To which Malmesbury subjoyns In his Verbis Regis sapientiam et pietatem ejus in Dei rebus suspicere par est Sapientiam eo quod animadverterat juvenis presertim non esse Dei Gratiosum de Rapinâ Holocaustum Pietatem eo quod Munus ultione divinâ— collatum Deo potissimum non ingratus rependeret From whence I shall only observe that Elsrid being a Pâ—er of the Realm dying perjured as aâ—oresaid was adâ—udged to forfeiâ— all his Lands for Treason after his death only by his Peers in a Parliamentary Council and that iâ— the king had seized on them without their judgâ—ment it had been an unjust Rapine by his own Confession but being legally confiscated to him by their Judgement it was no Rapine but Iustice for him to seizeâ— and Piety to dispose of them at his pleasure to this Church What Churches and Monasteries he built and repaired throughout the Realm What Lands he restored to St. Augustines Church at Canterbury on the day of his Coronation by the Assent of his Bishops and Nobles though long detained from it and how he gave the Lands of Folcastan in Kent eâ—cheated by the Danes destruction of the Nunnery there to Christ-church in Canterbury you may read in the Marginal Authors William of Malmesbury informs us that Baldwin Earl of Flanders sent Embasâ—adour by Hugh King of France to King Ethelstan to demand his Sister for his Wife brought over with him divers rich presents and Reliques Amongst others the Sword of Constantine the Great the Lance of Charls the Great and one of the 4 Nails that pierced our Saviours body set in plates of Gold A piece of our Saviours Cross inclosed in a Christal Case c. all which he presented to the King and Lady cum in Conventu Procerum apud Abindonium proci postulata
kings of Wales Dufnâ—ll Siferth Howel Iames and Iuchill met him as he had commanded â—hem and swoâ—e 〈…〉 him in â—heâ—e words That they would be faithfull aud assisting to him both by Land and Sea Wâ—ich done he on a certain day enâ—red wiâ—h them into a Barge and placing them at the Oares himself took the Helm and steered the Barge very skilfully whiles they rowed it down the River of Dee from his Palace to the Monastery of St. Iohn Bapist on the other side all his Dukes and Nobles folâ—owing and accompanying him in other Barges where having made his Prayers they all rowed him thence back again in like pompe to his Royal Palace which when he had enâ—red he said to his Nobles Thaâ— any of his Successors might then say he was King of England when wiâ—h so many Kings following and subject to him he should enjoy the Prerogative of the like pompe and power Buâ— Mr. Fox subjoyns In my mind this king had said much bâ—tter God â—orbid that I should glory in any tâ—ing but in the Cross of our Lord Iâ—sus Christ. The year following An. 974. Certain Merchants comming from York arived in the Islle of Thanet in Kent where they were presently taken by the Ilanders and spoyled of all their goods which king Edgar being informed of was so far incensed against these Plunderers that he spoyled them of all their Goods and deprived some of them of their lives Which Huntingdon and Bromton thus record Rex Edgarus undecimo Anno Regni sui jussit praedari Insulam Tenet Quia jure Regalia spreverant non ut hostis insaniâ—ns sâ—â— ut Rex malo mala puntens The same year as Maâ—mesbuâ—y Inguâ—pâ—us and others write king Edgar by his regal Charter caused the secular Priests to be removed out of the Monastery of Malmesbury and introducing Monks in their places restored to them the Lands and Possessions of the monasâ—ery which the secular Priests formerly enjoyed and had leased oâ— â— that upon a fulâ— hearing before the Wise-men Bishops others in his presence most likely in a Parâ—iamentary Counciâ— as â—his câ—auâ—e in his Charter intimates Haec a praedictis accommodata Clâ—ricis a conâ—ensioso possessa est Edâ—â—â—noâ—â— sâ—d superstitiosa subâ—il que ejus disceptâ—tione a Sapientibâ—s meis audita â—t conflictatione illius mendosa ab eisdem me praesente convicta Monasteriali a me reddita est usui If the Council of Winchester hereafter cited Anno 975. was held in King Edgars life time as some affirm most probably this debate here mentioned touching these Lands was held in and before that Counciâ— and this Charter therein made and ratified with the subscriptions of the Kings Arch-bishops Bishops Abbots and Dukes thereto annexed according â—o the custome of that age Although King Edgar in his younger daies was subject to many Vices and committed some injurious Tyâ—â—â—â—icâ—â— Aâ—â—s recorded by Malmesbury Fox Speed and others yet repenting of these his youthfull lustfull Vices he proved such a just and prudent King that our Historians of elder and later ages give these large Encomiums of his Justice Prudence Piety Vertues and poliâ—ique Government worâ—hy perpetual memory and immitation So excellent was he in Iustice So sharp was he in correction of Vices as well in his Magistrates Officers and other Subjects that never before his days was less felony by Robbers nor less extortion or Bribery by false Officers such as were wicked he kept under them that were Rebels he repulsed the godly he maintainâ—d and the just and modest he loved the learned and viâ—tuous he encouraged He would suffer no man of whâ—t deâ—ree or qualiâ—y soever he were to elude or violate his Laws without condigne punishment In his time there was neither any private Pilferer nor publâ—ke Theef but he that in stealing other mens Goods would venture and suffer as he was sure the loss of his own Goods and Life He was no respecter of persons in â—udgement but judged every man according to the quantity of his Offence and quality of his person He united all the Nations under him which were divers by the Covenanâ— and Obliâ—â—tion of one Law Governing them all with such Iustice Equity Integrity and Peace that he wâ—s stileâ— Rex 〈◊〉 Edgarus Pacificus tâ—e pâ—aceable King Edgar In his days not â—orments not Gibbeâ—s not Exâ—le not banishment were so much feared as the offending of so good and gracious a King He built and endowed no lesse than 48 Monasteries and restored many more endowing them with large possessions privileges out of Piety and Devotion â—s these times reputed it was a great honourer lover promoter of the vertuous and learned Clergy and suppressor of the vicious and scandalous There was scarce one year throughout all his reign wherein he did not some great and memorable necessary thing for the good of his Country and people the honour of God and advancement of Religion All which made him so honoured and beloved by his Subjects at home so far dâ—eaded by his Enemies abroad that Nullas Domesticorum insidias nullum exterminium alienorum sensit He never felt any homebred treachery or forein invasion but reigned peaceably all his daysâ— without war or bloodshed which none of his Predecessors ever did He was so far from tollerating any violence or rapine in men towards each other that he commanded all the Wolves and ravenous Beasts greedy of blood to be destroyed throughout his Dominions And such an Enemy was he to Drunkenness the Mother of Vices Murders Quarrels Thefts wherewith the Danes had much infected the English that to prevent and redress it he caused Pins to be set in every Cup prohibiting by severe Laws and Penalties that none should force others to drink nor yet dâ—ink below â—hose Pins in that moderate proportion which he prescribed them Among other his Politick deeds for the peace and safeguard of his Realm against pillaging Pirates and Forein Invaders he had always in readiness 3600 as most or 4800 strong ships of War as others record to secure the Seas in the Summer season which he divided into three Squadrons or Fleets whereof he placed 1200 in the East Seas to guard them 1200 in the South Seas 1200 in the West Seas and 1200 in the North Seas as some write to prevent Piracies and repulse the invasion of Forein Enemies These Ships immediatly after Easter met together every year at their several places of Rendezvous wherewith the King sailed round about the Island and Sea-coasts with a great force to the terror of Foreiners and exercising of his own subjects sayling with the Eastern Navy to the Western parts of the Iland and then sending them back with the Western Fleet to tâ—e Northern Coasts and then sayling with the Northern Fleet to the South pius scilicet explorator ne quid Piratae turbarent After his return from the Sea in the Winter and Spring he used to ride in Progress
if our Monkish Historians may bee credited frustrated this design For though the Queen and her Complices out of their transcendent malice which O that some of late times had not overmuch imitated Inimicitias quas viventi ingesserunt in mortuum protelantes sepelierunt â—um fine Regio honore apud Warhamâ— ut sicut vitam ejus extinxerant ita et nomen ejus extinguerent hic vero compertum est contra divinam providentiam non sufficere pravum cor hominis et inscrutabile Quem enim perfidi terris abjicerant Deus coelo gloriosè suscepit et memoriae aeternae insignivit eum Dominus cujus mentionem Proditores obnubulare studuerant But mark the sad sequel of this prodigious Regicide Proditione Gentis suae perfidae thus registred by Henry Huntindon an impartial Historian Inde Dominus iterum ad iram provocatus est et plus solito irritatus Genti pessimae malum inextricabile conferre cogitavit et quod facere paraverat non distulit Veneruntque Dani et operuerunt Angliam quasinubes coeli To which William of Malmsbury subjoyns Creditumque et celebritèr vulgatumâ— quod propter Elfridae in Edwardum insolentiam multo post tempore tota patria servitutem infremuisset Barbaricam Take the summ of his Reign Murther Saintship in these words of Abbot Ethelred Translato ad coelestia Regna Rege Eadgaroâ— in reâ—no terreno filius ejus Edwardus successit Qui injuste ab impâ—â—s interfectus tum 〈…〉 tum ob mortis 〈◊〉 tatem Sancti Nomen et Meritum Deo donante promeruit being afterward translated to Shaftsbury and there honourably enshrined King Edward being thus treacherously murdered on the 17th day of April Anno 978. when he had reigned only 3. years and 8. moneths by hereditary Succession thereupon on the 8. of May 979. his half-brother Ethelred was crowned King at Kingston by both the Archbishops Dunstan and Oswald and ten Bishops more in the presence of the Nobles much against Dunstans will And although Ethelred so much lamented his Brothers murder being then but a child of ten years old not active to promote this Treacherous plot and so detesting it that his Mother Elfrida in a rage whipped him for it with candles for want of a rod which made him abhor candles all his life yet Dunstan full of a propheticall Spirit at the very time of his Coronation told him that he and his Posterity together with the whole kingdom should suffer grievous tribulation all his reign using these words then unto him Beâ—ause thou hast aspired to the Kingdom by the death of thy Brother whom thy Mother murdered therefore hear the word of the Lord Thus saith the Lord The Sword and Bloud shall not depart from thy House nor from the Nation but shall rage against thee all the days of thy Life slaying thy séed until thy Kingdom shall be translated to another Realm and Nation whose Customs and Language that Nation over which thou reignest knoweth not quâ— eos in ulâ—imâ—m redâ—gat servitutem who shaâ—â— reduce them into the extremest Bondage for conspiring with thy ignominious Mother against the Bloud of thy Brother Neither shaâ—â— thy fin nor the sin of thy Mother Nor the sin of those who were privy to her wicked Counsell that they might stretch out an hand against the Lords anointed to slay him be expiated but by a long Revenge and much effusion of bloud Which accordingly came to pass and let all others whom it concerns most nearly with our whole English Nation now seriously reminde it This Prophecie was presently after seconded with a prodigious Cloud spread and seen over all England sundry nights which appeared sometimes bloudy other times fiery and then changing it self into divers sort of flashings and colours vanished about the morning The very next year following the barbarous Danes invaded England burnt Southampton killing and carrying away Prisoners almost all the Inhabitants thereof after which they infested and wasted the Isle of Teneth and City of West-Chester invading England every year with new forces til they had laid the whole kingdom desolate expelled King Ethelred with his Queen and Children into foreign patts and possessed themselves both of the Crown aud Realm as absolute Soveraigns And here before I proceed further I cannot but take special Notice of Gods admirable retaliating Justice inflicted upon some of our Saxon usurping Regicides and their Posterities worthy our saddest contemplation King Edgar as I touched before injuriously usurped upon his elder Brother King Edwyn and by force of arms deprived him of half his Crown and kingdom at first and of his whole Realm if not life too at last But within few years after by Gods avenging hand his best beloved eldest Son and heir King Edward to whom he bequeathed the Crown at his death was first opposed in his Succession and soon after most treacheâ—ously butchered by his own Queen and younger Son who invaded the Crown by his slaughter King Edgar treacherously slew Earl Ethelwold as you have read to espouse his wife Elfreda Crown her for his best beloved Queen who no doubt was consenting to if not the contriver of his murder as he was hunting in Worel Forest. And she to requite this murder kills his own Son and heir King Edward as he came from hunting in a Forest not very far distant from the same place Elfere Earl of Mercia the Queens chief Counseller and Instrument to murther and dethrone King Edward whom he stabbed to death with his own hands as Malmesbury records though to expiate this crime he soon after honourably translated his Corps from Warham to Shaftsbury-Minster yet by Gods avenging wrath about a year after his whole body was eaten up of Lice and Worms so that he died most miserably Queen Alfrida the chief Plotter of this murder soon after the fact was struck with such horror of conscience for this bloudy Regicide that to pacifie the pangs thereof and expiate the guilt of his crying bloud she built two Monasteries at Almesbury and Warwel and casting off her royal robes and State entred into the later of them where she afflicted her self with sackcloth fasting weeping and severe penance unto the day of her death bewailing this bloudy crime all the remainder of her life The whole English Nation who were either consenters to or overgreat connivers at their Soveraigns Murther which they never publikely questioned nor revenged were not only stricken consumed with all sorts of Plagues and strange diseases but uncessantly invaded oppressed spoiled captivated conquered murderated and almost quite extirpated by the barbarous Danes who usurped the Soveraignty over them for three Generations being made a spectacle of divine Justice both to Angels and Man As for King Ethelred himself though then an infant he purchased nothing else by his Brothers blood but a Crown of Thorns and Cares living in perpetual warrs cares fears wants distresses being crossed in all his designs warrs by
Civibus magna ope conantibus dum unusqâ—â—sque sudâ—â—es suos Principi ostentare et pro eo pulchrum putaret emori Hostium pars prostrata pars in flumine Thamesi necuta Hereupon Swain despairing to take the City marched with his torn shattered Army first to Wallingford plundering and demolishing all things they met with in their wayâ— after â—heir wonted manner and at last they came to Bath where Ethelmere Earl of the West Country with all his people came and submitted to him giving him hostages for their loyalty Having thus finished all things according to his desire he returned with his Hostages to his Navy being both called and reputed King by all the People of England London excepted si Rex jure queat vocari qui fere cuncta Tyrannice faciebat â—ite Florence oâ— Worceste Simeon Dâ—nelmensis verâ— caâ—eâ—oâ—sly Nec adhuc flecterentur Londinenses tota jam Anglia in clientelam ejus inclinata nisi Ethelredus praesentia eos destitueret sua as Malmesbury observes King Ethelred being a man given to sloathfullness and through consciousness of his own demerits very fearful deeming no man faithfull to him by reason of the tragical death of his Brother Edwaod for which he felt this Divine revenge not daring to raise an Army not fight the Enemy wiâ—h it when raised Ne Nobiles Regni quos injuste exhaeredaverat lest the Nobles of the Reaâ—m whom he had unjuâ—â—ly dis-inherited should desert and deliver him up to the Enemy declining the necessity of war and of a new siege most unâ—orthily deserted the Londoners his faithfull valiant Subjects and Proâ—ectors in the midst of their dangers Enemies â—lying away secretly fâ—oÌ„ them to Hamshire by secret journies from wâ—ence he sailed to the Isle of Wight Hereupon the Londoners Laudandi prorsus viâ—i quos Mars ipse collata non sperneret hasta si Ducem habuissent Cuâ—us dum vel sola umbra protegerentur totius pugnae aleam ipsam obsidionem etiam non paucis mensibus luserunt Seeing themselves thus unworthily deserted by their Soveraign in their extremities moved by the example of the rest of their Countrymen submitted themselves likewise to King Swain sending Hostages to and making their peace wiâ—h him the rather for that they feared Swains fury was so much incensed against them for his former shamefull repulses by them that if they submitted not to â—â—m of their own accords he would not only spoil them of all their goods but likewise command either all their eyes to be pulled out or their hands and feet to be cut off iâ— he subdued them by force Iohn Speed against the current of other Historians informs us That Swain after his repulse from London having received a certain sum of money went back into Denmark for want of victuals and to recruit his shattered Army whence returning soon after he was immediatly met by the English where betwixt them was struck a sore battel which had been with good success had not the Treason of some hindred it in turning to the Danes King Ethelred therefore seeing himself and the Land betrayed on this manner to those few true English that were left used this Speech as followeth If there wanted in me a fatherly care either for the defence of the Kingdom or adâ—inisâ—ration of Justice in the Commonwealth or in you the carriage of Souldiers for defence of your Native Country then truly silent would I be for ever and bear those calamities with a more dejected mind but as the case stands be it as it is I for my part am resolved to rush into the midst of the Enemy and to lose my life for my kingdom and Crown And you I am sure hold it a worthy death that is purchased for the Liberties of your selves and kindred and therein I pray you let us all die for I see both God and destiny against us and the name of the English Nation brought almost to the last period for we are overcome not by weapons and hostile warr but by Treason and domâ—stick falshood our Navy betrayed into the Danes hands our battel weakned by the revolt of our Captains our designs betrayed to them by our own Counsellers and they also inforcing composition of dishonourable Peace I my self disesteemed and in scorn termed Ethelred the unready Your valour and loyalty betrayed by your own Leaders and all our poverty yearly augmented by the payment of their Danegelt which how to reâ—ress God only knoweth and we are to seek For if we pay money for peace and that confirmed by Oath these Enemies soon break it as a people that neiâ—her regard God nor man contrary to equity and the Laws of Warâ— and of Nations and so fâ—r off is all hope of better success as we have cause to fear the losse of our kingdom you the extinction of the English Nations revenue Therefore seeing our enemies are at hand and their hands at our throats let us by fore-sight and counsel save our own lives or else by courage sheath our swords in their bowels either of which I am willing to enter into to secure our Estate and Nation from an irrecoverable Ruine After which Speech he and his Army retreated and gave way to the prevailing Enemy Swain herepon setling all things according to his own will when as he knew that no man durst resist him commanded himself to be called King of England Dum non fuit alius qui pro jure regni decertare vel se regem confiteri aâ—sus fuisset as Matt. Westminster and others write Such a strange fear and stupidity was then fallen upon Ethelred and the whole English Nation After this Ethelred privily departed from London to Hampton and from thence to the Isle of Weight as aforesaid where advising with the Abbots and Bishops there assembled in Council what course was best to steer he spake thus unto them the History whereof I shall fully relate in William of Malmesbury his words Ibi Abbates et Episcoposâ— Qui nec in tali necessitate Dominum suum deserendum putarent in hanc convenit sententiam Videâ—ent quam in angusto res essent suae et suorum se perfidia Ducum avito extorrem solio et opis egentem aâ—iâ—nae in cujus manu alâ—orum â—olebat salus pendere quondam Monarcham et Potentem modo miserum et exulem dolendum sibi hanc commutationem quia facilius toleres oâ—es non habuisse quam habitas amisisse Pudendam Anglis eo magis quod deserti Ducis exempluâ— processurum sit in orbem terrarum Iâ—â—os amore sui sine sumptibus voluntariam sube untes fugam domos et facultates suas praedonibus exposuisse in arcto esse victum omnibus vestitum deesse pluribus probare se fidem illorum â— sed non reperire salutem adeo jam subjugata terra observari littora ut nusquam sine periculo sit exitus Quapropter considerent in mâ—dium quid
foreplotted the Treason aforesaid and suborned them to execute it After their publick confession thereof he caused them all to be first drawn and then hanged for it Others write that Edric himself or his Son by his command murdered him at Oxford on St. Andâ—ews night as he was easing nature in an house of Office stabbing him into the bowels with a two-edged knife through the hole of the privy in which one of them lay in wait to murder him leaving the knife sticking in his bowels and him dead in the place And some write that he placed an Image in his Chamber with a bow and arrow ready bent which Edmond admiring at touching the spring which held the bow thus bent the arrow thereupon pierced slew him in the place That before his death was known Edric went to Edmonds wife and taking away her two young Sons from her brought and delivered them to Cnute and then saluted him saying GOD SAVE THEE SOLE KING OF ENGLAND Whereupon Cnute demanding Why he saluted him in this manner He then informed him of King Edmoâ—ds death and how he had murdered him of purpose to make him sole King of England Speed adds That he cut off his Soveraigns head â— presenting it to Cnute with these â—awning salutations All hail thou sole Monarch of England for here behold the head of thy Copartner which for thy sake I have adventured to cut off which no antient Historian mentions Upon this Cnute though ambitious enough in Soveraignty yet out of a Princely disposition sore grieved at such a disloyal treacherous act presently replyed to him I for reward of so great and meritorious a service done for me willâ— this day advance thee above all the Nobles of the Realm After which he caused his head to be cut off then fixed on an higâ— poll and placed on the highest Tower of London for the birds to prey upon Others more agreeable to the truth relate That Cnute in the first year of his reign depriving this Arch-Traitor Edric of the Dukedom of Mercia which he had many years enjoyed thereupon Edric in the feast of Christs Nativity repaired to Cnute at his Palace in London to expostulate with him about it where checking the King over-harshly he upbraided him with the many benefits he had received from him amongst which he mentioned two wherewith he specially provoked him to anger saying Most dear King you ought not to speak harshly to me nor suffer any evil to be done unto me for you had never enjoyed the Realm of England but by my means For out of love to thee I have first betrayed King Ethelred after that I deserted Edmond my proper and natural Lord and afterwards I foreplotted his death and murdered my just and true liege Lord out of my fidelity towards thee to bring the whole kingdom unto thee and dost thou so lightly vilify so great love conferred on thee for which I never received any benefit or profit from thee At which speeches Cnute changing his countenance expressing his fury by its redness presently pronounced this sentence against him saying And thou shalt deservedly die thou most perfidious Traitor seeing by thy own confession thou art guilty of Treason both against God and me who hast slain thine own Soveraign and natural King and my dear confederate Brother His bloud be upon thy head because thou hast stretched out thy hand against the Lords anointed And lest a tumult should be raised among the people he commanded him to be there presently strangled in his palace and his body to be cast through a window into the river of Thames to be devoâ—red of the fishes as some or hanged upon London walls unburied to be devoured by birds as others story At which time Duke Norman son of Duke Leofwin Captain of Edrics guard Aethelward son of Duke Agelmar and Brihtricus son of Alphege Earl of Devonshire with many others of Edrics followers were likewise slain without offence together with Edric because Cnute feared he should one time or other be circumvented by the treacheries of this old perfidious Traitor hearing his former natural Lords Ethelred and Edmond had frequently been betrayed by him quorum diutina proditione alterum vexavit alterum interfecit there being no trust to be reposed in such a Traytor to his Soveraigns Thus this inveterate Arch-Traitor to his Natural Country Kings and bloudy Regicide by Gods divine Justice received the just punishment of all his Treasons at the last instead of expected great rewards from that hand he least suspected Whence Matthew Westminster relating both the Histories of the manner of Edrics death concludes thus Sed sive sic sive aliter vitam finierit Proditor Edricus non multum ad rem pertinet quia hoc liquido constat Quod ille qui multos circumvenerat tandem est justo Deâ— Iudicio circumventus et proditionis suae meruit subire talionem And let all those who have or shall imitare him in his Treasons against his native Country Kings and Regicide seriously meditate on his tragical end and expect the self same retribution in conclusion though they escape as many years as he then did before final execution A third sort of Authors as Marianus Scotus Wigorniensis Roger Hoveden and Simeon Dunelmensis make no mention of King Edmonds murder by Edric his subordination but only that he died at London not Oxford about the Feast of St. Andrew as if he had died of a naturall death but the generality of Writers agree he was murdered at Oxford ambiguum quo casu extinctus writes Malmesbury the common fame being he was murdered by Edric as aforesaid And Bromton who recites all three opinions concludes thus Sed primus modus videliceâ— quod rex Edmundus ad requiem naturae sedens proditione dicti Edrici occisus fuit verior aliis et auâ—enticior habetur The Author of the Encomium of Emma concurring with Marianus subjoynes this Observaâ—ion touching his short reign and speedy death That God c. minding his own doctrine That a kingdom divided in it self caunot long stand and pitying the English took away Edmond lest if the Kings had continued long together they should have both lived in danger and the Realm in continual trouble His reign continued onely seven moneths in which time he fought seven or eight battels in defence of his Country People and their Liberties besides his single Duel with Câ—ute and by his untimely death the English Saxon Monarchy was devolved to the Danes who by Treachery and the Sword for three descents deprived the English Saxons of the Crown and Kingdom through divine retaliation as they had unjustly by treachery and the Sword dispossess'd and disinherited the Britons thereof about 450 yeares before as Henry Huntindon Bromton Radulphus Cistrensis Mr. Foxâ— Speed and others observe The Sinnes of the Saxons grown now to the full writes Speed and their dreggs as it were sunk to the
treacherie of Earl Godwin and his son Harold Which how fatal it proved to them both by Gods avenging Justice you shall hear in its due place and what divine vengeance it drew at last on the whole English Nation religious and judicious Mr. Iohn Fox informes us in these words This cruel fact of Godwin and his men against the innocent Normans whether it came of himself or of the Kings setting on seemeth to me to be the cause why the justice of God did shortly after avenge the quarrel of these Normans in conquering and subduing the English Nation by William the Conquerour and the Normans which came with him For so just and right it was that as the Normans coming with a natural English Prince were murdered of English men so afterwards the Englishmen should be slain and conquered by the Normans coming with a forein King being none of their natural Country After the bâ—nishment of Queen Emma out of and murder of Prince Alfred in England Harde-Cnute delaying the time in Denmark and deferring his coming inâ—o England thereupon Harold formerly King only of â—he Mercians and Northumbrians that he might râ—ign over all England in the year 1037. A Principibâ—s et omni Populo Rex eligitâ—râ— was elected King by all the Nobles and People Harde-Cnutus verò quia in Denmarchia mansâ—rat et ad Anglian ut rogabatur venire distulit penitus abjicitur as Florentius Wigorniensis Simeon Dunelmensis Hoveden Bromton Radulphus de Diceto and others inform us After which King Harold degenerating from Cnute his Father in all things took no care at all either of military or civil affairs nor of his own Courtly honour doing only his own will and contrary to his royal estate going more willingly on foot of which he was so swift that he was named Harefoot than riding on Horseback In his dayes there were rendred and paid to 16 Ships from every Port not In-land Towns 8. marks of Silver as in the time of his Father as Henry Huntindon records to which Iohn Speed subjoynes This Dane seeing his hazards prevented sought to secure himself and wâ—th 16 Ships of the Danish Fleet kept the Seas which continued ever in a readiness and wafted from port to port to the maintenance whereof he charged the English with great payments to their no little grudge and reviling whereby he lost the love of his Subjects before it hâ—d taken root in their hearts Neither held he long those disloyal courses for that his speedy death did cut off the infamy of a longer life he dying at Oxford where he was elected King without wife or children to survive his person or revive his name when he had reigned only 4. years and as many moneths Anno 1040. Upon the death of Harold Proceres tam Anglorum quam Danorum in unum concordantes sententiam the Nobâ—es both of the English and Danes assembling together in a Parliamentary Council and concording in one opinion sent Embassadours to Harde-Cnute then at Bruges in Flanders visiting Queen Emma his Mother where he had made great preparation of ships and land-forces to recover the Crown of England which belonged to him both by birth and compact from his brother Harold beseeching him to make hast into England and to take possession of the Crown thereof Whereupon he immediately consenting to the Counsel of the Nobles came speedily into England with 60 as some or 40 ships as others write furnished with Danish Souldiers and Mariners where he was recâ—ived with great joy elected King both by the English and Danes and solemnly crowned at London by Elnothus Archbishop of Canterbury Soon after he commanded Alfric Archbishop of Yorke Earl Godwin and others to digg up the interred corps of his brother King Harold out of his grave in London and his head to be cut off by the hangman and then both head and corps to be thrown into the Common sink and after that into the Thames And that partly in revenge of the injuries done by him to his Mother Queen Emma in banishing and spoiling her of her money and jewels against all right and justice and partly for his unjust invasion of the Crown of England but in truth as a just retaliation of his barbarous cruelty to Prince Alfred and his Normans For whose treacherous inhumane slaughter King Harde-Cnute deprived Alfred Bishop of Worcester of his Bishoprick whose hands were said to have been in Alfreds bloud And for which murder he likewise looked with an evil eye upon Earl Godwin compelling him to an Oath of Purgation touching the same Whereupon Godwin by his own Oath and the Oaths of most of the Nobles of the Realm his compurgators sworeâ— though most falsly That Prince Alfreds eyes were not put out nor he murdered as aforesaid by his Counsel or consent but what was done therein was only by the command of King Harold which he durst not resist Notwithstanding which Oath to purchase his peace with Harde-Cnute he presented him with a most rich and royal present to wit with a Ship whose stern was of gold with 80 Souldiers placed therein all uniformly and richly suited having on their heads gilt Burgonets on their armes bracelets of Gold on their bodies Habergeons Swords Battel-axes Targets and other arms after the Danish fashion all richly gilt with gilt bosses and darts in their hands Which Present though it pacified the Kings indignation yet it prevented not Gods avenging justice on him afterwards for Alfreds bloud thus partly avenged on Harolds carcasse which was cast into the Thames and mangled according to Hard-Cnutes command and lay floting on the water sundry dayes till a Fisherman in compassion took up his corps and buried it privately in St. Clements Danes Soon after Harde-Cnute in the second year of his reign commanded 8. Marks to be paid to every Mariner Some write 20. others 30. marks to every Shipwright of his Danish Navy besides a vast sum of money to his Land-Army Hujus anno secundo redditus est Census Exercitui Dacorum scilicet 21000 lib. 89 lib. Et posteà sunt redditae 32. puppibus 11000 lib. 48. lib. writes Henry Huntindon Tributum inexorabile et importabile Angliae imposuit ut Classiariis suis per singulas nâ—ves viginâ—i â—ac triginti marcas ex pollicito pensitaret Quod dum importune per Angliam exigitur duo infestius hoc munus exequentes a Wigorniae Civibus extincti sunt as Will of Malmsbury expresseth it Hic etiam contra omnem spem octo Marcas unicuique remigi Classis suae de importabili tributo Angliae solvi fecit So Bromton Which â—lorentius Wigorniensis Hoveden Simeon Dunelmensis Matthew Westminster Polychronicon Caxton Fabian Holinshed Grafton and Speed thus more at large relate Anno 1040. Octo Marcas unicuique suae classis Remigi et 12. unicuique gubernatori de tota Anglia praecepit dependi Tributum videlicet tam grave ut
disclaiming all Danish subjection that especially for the contâ—mpts which the English had very often received from the Danes For if a Dane had met an Englishmâ—n upon any bridge the Englishman must not be so hardy to move a â—oot but stand stâ—ll till the Dane was passed quiâ—e over it And morâ—over if the Englishmen had not bowed down their heads to doe reverence to the Dâ—nâ—s they should presently have undergoâ—e great punishments and stripes Whereupon King Harde-Cnute being dead the English rising up against them drove all the Danes being then without a King and Captainâ— out of the Realm of England who speedily quâ—tting the land never returned into it afterwards And here we may justly stand still a while and contemplate the admirable retaliating justice of God upon our Danish usurping Kings and their Posterity King Cnute as you heard before caused the temporizing English Bishops Nobles and Barons assembled in a Parliamentary Council against their oaths of allegiance to King Ethelred Edmund Ironside and their heirs no less then twice one after another to renounce cast off and abjure their regall Posterity to make them incapable of the Crowne of England and settle the inheritancâ— of iâ— upon him and his Danish blood Anno 1016. and 1017. And now in little more then twenty years after all the English Prelates and Nobles assembled in Council of their own accords by a solemn Decree aâ—d Oath abjure renounce and eternally disinherit all the Danish blood-royall of the Crown of England and restore the Saxon English royall line to that soveraignty which they had formerly disclaimed such are the vicissitudes of divine â—ustice and providence worthy our observation in these wheeling times wherein we live when no man knoweth what changes of like nature one day or year may bring forth The English putting their Decree for cashiering all the Danes in execution turned the mout of all the Castles Forts Garrisons Cities Villages thâ—oughout England as well those of the Royall and Noble blood â— as the vulgar sort and forced them to depart the Realm as they had formerly banished the English Princes and Nobles Procâ—reâ— igitur Anglorum jam DACORUM DOMINIO LIBERATI The Nobles therefore of Engl. being thus freed from the Danes dominion for so much of God of his mercy and providence who is the maker of heirs thought good after the woâ—ull captivity of the English Nation to grant them some respite of deliverance in taking away the Danish Kings without any issue left behinde them who reigning here in England kept the English people in miserable subjection about the space of 28 years and from their first landing in the time of King Brictricus wasted and vexed this land for the space of 255 years their Tyranny now coming to an end by the death of Harde Cnute they thereupon assembling together in a great Council with a generall consent elected Prince Edward surnamed the Confessor the youngest and onely surviving son of King Ethelred for their King who ANNUENTE CLERO ET POPULO LONDONIIS IN REGEM ELIGITUR as Mat. Westminster relates whereupon Edward being then in Normandy where he had long lived in exile being a man of a gentle and soft spirit more appliable to other mens counsels then able to trust his own naturally so averse from all war bloodshed that he wished rather to continue all his life long in a private exiled estate then by war or blood to aspire to the Crown the Lords sent messengers to him to come over and take pâ—aceable possession of the Kingdome of England they having chosen him for their King advising him to bring with him as few Normans as he could and they would most faithfully establish him in the throne Edward though at first he much doubted what course to stear somewhat mistrusting the treachery and inconstancy of the fickle headed English yet at last upon the importunity of the messengers who informed him melius esse ut vivat gloriosus in Imperio quà m ignominiosus moriaâ—ur in exiliâ— JURE EI COMPETERE REGNUM aevo maturo laboribus defaecato scieâ—ti administrare principatum per aetatenâ— severè miserias Provinciâ—lium pro pristina aequitate temperare c. and upon putting in sufficient pledges and an oath given for his security he came into England with a small train of Normans where he was joyfully received by the Nobles and people Nec mora Gilingâ—am or rather Lâ—ndoniam â— CONGREGATO CONCILIO rationibus suis explicitis regem effecit Dominio palam ab omnibus daâ—o as Malmsbury or electus â—st in Regem ab omni populo as Huntindon and others expresse it After which on Easter day Apr 2. 1043. he was solemnly crowned King at Winchester with great pomp by Eadsi Arch-bishop of Canterbury by the unanimouâ— consent of the Archbishops Bishops Nobles Cleâ—gie and people of Englaâ—d to their great joy and content without the least opposition war or blood-shed after 25 yeares seclusion from the Crown by the Danish usurpers Our Historians generally record that Bryghtwold a Monk of Glastenbury afterwards first Bishop of Wilton when King Cnute had banished and almost extinguished thâ— whole royal issue of the English race almost pâ—st any possibility or probabiâ—ity of their restitution to the Crown which he had forcibly invaded by the sword on a certain night fell into a sâ—d deep contemplation of the forlorn condition of the royall Progeny of the English nation then almoâ—t quite deleted by the Danes and of the miserable condition of England under these forraign usurpers After which falling into a deep sleep he saw in a vision the Apostle S. Peter himself holding Prince Edward then an exile in Normandy by the hand and anointing him King in his sight who declared to him at large how holy this Edward should be that his reign should be peaceable and that it should continue for 23 years After which Bryghtwold being yet unsatisfied who should succed him and doubting of Edwards off-spring demanded of S. Petâ—r who should succeed him whereunto S. Peter returned him this answer REGNUM ANGLIAE EST REGNUM DEI ET IPSE SIBI REGES or REGEM as some render it PROVIDEBIT The Realm of England is Gods Kiâ—gdome and he himself shall provide Kings or a King for himself according to his good pleasure Yea the golden legend of King Edwards life informs us THAT HE WAS CHOSEN KING OF ENGLAND BY CONSENT OF PARLIAMENT WHILES HE WAS YET IN HIS MOTHERS WOMB as well as after Hardâ—-Cnute's death Take the relation of it in Abbot Ailreds words and of Brigâ—twolds vision likewise Cum igitur gloriosus Rex Ethelredus ex filia praeclarissimi comitis Thoreti filium suscepisset Eadmundum cognomento Ferreumlatus ex Regina autem Emma Aluredum beatus Edvardus inter Viscera materna conclusus utrique praeferiur agente â—o qui omnia operatur secundum concilium voluntatis suae qui dominatur in
Danicos solidarios imposuerat as Brompton renders it in another place Roger de Hunedon Annalium pars 1. p. 441. Rodolphus de Diceto Abbreviatione Chronicorum col 145. â—â—e the same words Ailredus Abbas Rievallis de vita miraculis Edwardi Confessori Col. 383. thus relates it Insuper Tributum illud gravissimum quod tempore patris sui primo classi Danicae pendebâ—tur Postmodum vero fisco regio Annis singulis inferâ—batur regia liberalitate remisit et ab onere hoc importabili in perpetuum Angliam absolvit Vnde sancto huic regi non inconvenienter aptatur quod scriptum est Bâ—â—tus vir qui inventus sine macula qui post aurum non abiit nec speravit in pecuniae thesauris Post aurum non abiit quod potius dâ—spersit nec speravit in thesauris quos in Dei opere non tam minuit quam consumpsit Matthew Westminster records it in these words Anno gratiae 1051. Rex Edwardus A vectigali gravissimo Anglos absolvit quod patre vivente Danicis stipendâ—ariis Triginto octo millia librarum solvi consuevit Henry de Knighton De eventibus Angliae l. 1. c. 9. fol. 233 1â— and Higden in his Polychronicon lib. 6. c. 24. f. 254. thus relate it Rex Edvardus absolvit Anglos a Gravi Tributo quod paâ—ur ejus Ethelredus Danicis solidariis solvi fecerat jam per 40. annos duraverat which Fabian in his Cronicle part 8. c. 210. p. 282. Graâ—ton in his Cronicle p. 170. Speed in his History p. 410. Holinshâ—ad and others thus expresse This King Enward discharged English men of the great and most heavy Tribute called Danegeld which his Father Ethelred had made them pay to the Souldiers of Denmark and had then dured 40. years So that after that day it was no more gathered Abbot Iuguphus Historiae pag. 897. thus records it more at large Eodem etiam Anno 1051. cum terra non daret solitâ fertilitate fructus suos sed fames plurimos habitatores devoraret in tantum ut bladuum carentia panis inopia multa hominum millia morierentur miserecordiâ motus super populum piâ—ssimus Rex Edwardus Tributum gravisimum quod Danigelo dicebatur omni Angliae in perpetuum relaxavit Ferunt quidam regem sanctissimum cum dictum DANIGELD cublcularii sui collectum in regis cameram infudissent ad videndum tanti Thesauri cumulum ipsum adduxissent ad primum aspectum exhorruisse protestantem Se daemonem super acervum pecuniae saltantem nimio gaudio exultantem prospexisse unde pristinis possessoribus jussit statim reddere de tam fera exactione ne jota unum voluit retinere quin in perpetuum remisit anno scilicet 38. ex quo tempore Regis Ethelredi patris sui Suanus Rex Danorum suo exercitui illud solvi singulis annis imperavit This History of the Devils dancing upon this Mony is thus more fully related by Roger de Honeden Annaliâ—m pars prior pag. 447. Item de eodem Rege Edvardo quadam die contigit quod cum praedistus Rex Anglorum Edwardus Regninâ comite Haraldo deducentibus aerarium suum intravit ut pecuniam videret magnam quam Regina Comes Haraldus Rege ipso nesciente colligissent ad opus Regis scilicet per singulos comitatus totius Angliae de unaquaque hida terrae quatuor denarios ut Rex inde contra natale Domini pannos emeret ad opus militum servientium suorum cumque Rex intrasset aerarium suum comitantibus Regnia Comite Haraldo videt diabolum sedentem inter Denarios illos ait illi Rex quid hic facis cui daemon respondit custodio hic pecuniam meam dixit Rex conjuro te per Patrem Filium Spiritum sanctum ut indices mihi Quamobrem pecunia ista tua est respondens dixit ei daemon Quia injuste accquisita est de substantia pauperum Illi autem qui illum comitabantur stabant stupefacti audientes quidem illos loquentes neminem autem videntes praeter solum Regem ait illis Rex Reddite denarios istos illis a quibus capti sunt fecerunt sicut praecepit illis Rex which is likewise remembred by Capgrave Surius Ribadeniera and others in the life of King Edward the Confessor From all which relations compared together it is apparent First That Dangeld was a great most heavy and intolerable Tribute first imposed in King Ethelreds reign to pay the Danish Navy and Souldiers then invading England to keep them from plundering and spoiling the people 2. That King Swane the invading and usurping Dane after he had gotten the power of this Realm imposed it annualy on the English and made it any early Tribute to pay his Army 3. That the Danish succeding Kings continued and made it a kind of annual revenue to cloath and pay their Souldiers and Marriners for sundry years together 4. That it was yearly paid unto the Kings Exchequer and reduced to a certainty to wit four pence a year out of every Hide or plough land thorowout England or else twelve pence or two shilings a year as the laws of Edward the Confessor the black Book of the Exchequâ—r and Sir Henry Spelman in his Glossaryâ— Title Danegold affirms 5. That King Edwards Officers after the Danish Kings expired reignes did collect it of the English Subjects without his privitie to cloath and pay his Souldiers and followers 6. That he out of mercy piety conscience and justice to his people not only restored it to them when collected and brought into his Exchequer without retaining one farthing of it but likewise for ever released it to them so that it was no more collected during his reign 7. That Taxes unjustly leavied upon the poor oppressed people are very pleasing and acceptable to the devill himself who claimes the money so collected for his own and that the Collectors and exacters of such Taxes though for the payment of Armies and Souldiers are really but the devils agents and instruments who will one day pay them their deserved wages 8. That heavy oppressions and taxes though for pretended publike necessities continued for many years together ought not onely to be eternally remitted but restored when collected by all conscientious piouâ— righteous mercifull Saintlike Kings and Governours 9. That illegall heavy Taxeâ— imposed by or for invading Usurpers if once submitted to and not strongly opposed by the generality of the people wil soon be claymed lâ—avied as a customary early legall revennue both by the imposers and their successors and hardly be laid down and discontinued again for the peoples ease 10. That this tax of Danegeld amounting but to thirty eight or fourty thousand poâ—nds in one whole year was in truth an heavy and intolerable burden and grievous oppression to the whole Nâ—tion fit to be abolished aâ—d released especially in times
cheating imposture of later daies as in truth it is 6. That all delinquents of what quality soever justly or unjustly accused ought to appear and justify themselves before the King and his Nobles in their Parliamentary Councels without armed Guards forces Tergiversation or resistance upon due suÌ„mons to appear before them by the Laws of that time 7. That Kings and great mens coming to Parliamentary Councels with Armies strong armed Guards and holding them with power or under Armies is inconsistent with their Liberty Priviledges and are an occasion of civill wars disturbances much mischief to the Nation as then they proved 8. That English Peers then were and ought to be tried banished judged by their Peers both in Parliamentary Councels and other Courts 9. That no English Peer or Freeman could then be lawfully and judically banished the Realme but in and by sentence and judgement of a Parliamentary Councel for some contempt or offence demeriting such a punishment 10. That Peers and great men obstinately refusing to submit themselves to the triall and judgement of Parliamentary Councels or to appear in them or the Kings Courts to justify themselves without hostages fiâ—t given for their securiy may justly be sentenced and banished by our Parliaments for such contempts and affronts to justice 11. That the subjects were bound to ayd and assist their Kings as wel against Traitors Rebels Pyrates as against forreign enemies under our Saxon Kings 12. That forreigners are usually the greatest occasioners and fomenters of civil wars That such Incendiaries deserve justly to be banished the Nation And that civill wars between King and subjects English and English and their shedding of one anothers blood in such wars was then deemed most unnatural odious execrable by all prudent means and councels to be timely and carefully prevented and not to be begun or undertaken but by good advice and common consent in great Parliamentary Councelâ— upon weighty urgent inevitable necessities 13. That the abolishing of ill and enacting of good Laws the removing of ill Counsellors and Instruments about Kings ordering matters of war and defence by Land and Sea and setling of peace were the antient proper works businesses imployments of our Saxon Parliaments 14. That the English Freemen have been always apt forwards cordially to joyn with such Nobles and Great men who are most cordial and active to defend their just Liberties Laws Rights against foreiners and others who invade them Soon after the forementioned agreement between the King and Godwin King Edward according to his forementioned promises to make good Laws for all his people out of all the former British and Saxon Laws by Order of his Wisemen compiled an universal common Law for all the people throughout the whole Realm which were called King Edwards Laws being so just and equal and so securing the profit and wealth of all estates that the people long after as Mr Fox and others record did rebel against their Lords and Rulers to have the same Laws again when suspended or taken from them or dis-used and prescribed this Oath to William the Conquerour himself and every of our Kings since to be solemnly taken at the time of his Coronation for the further ratificationâ— and better inviolable observation of these Laws and perpetuating them to all posterity SIR will you grant and keep and by your Oath confirm to the people of England the Laws and Customs granted to them by antient Kings of England rightfull men and devout towards God namely the Laws and Customs and Franchises granted to the Clergy and to the Peopie by the glorious King Edwardâ—â— to your power To which the King must answer I will doe it before he be anointed or crowned King Now because these Laws of King Edward made by his Wisemens Counsel and advice as this Clause Sapientes caeperunt super hos habere consilium et constituerunt in the Chapter De illis qui has Leges despexerent implyes are so famous and fundamental most of our Common old Laws being founded on or resulting from them I shall give you this brief account of them out of our Historians as most pertinent to my subjâ—ct matter and usefull for those of my profession to be informed of being generally not so well versed in Antiquity History and Records as were to be wished for the honour and lustre of their honourable publike calling pretermiting the grosse Forgery and Imposture of Modus tenendi Parliamentum so much cryed up by Sir Edward Cooke for its Antiquity and Authority as made and observed in Edward the Confessors reign when as it is a meer counterfeit Treatise and Spurious Antiquity scarce antienter than King Richard the 2. as I have proved in my Levellers levelled and Mr. Selden manifests in his Titles of honour pars 2. p. 713 738 to 745 yea it s own mentioning the Bishop of Carlisle which Bishoprick was not erected til the year 1132 or 1134. the Mayors of London which had no Mayor til the year 1208 and of other Cities with Knights and Burgesses usual wages all instituted long after the Conquerours reign the not mentioning of this Modus in any of our Records Histories or judicious Antiquaries and its difference from all the Modes and Forms of Parliaments and Great Councils of that or later ages held in England or â—reland with the many falshoods and absurdities in it will sufficiently evidence it to every intelligent Peruser to be a late Bastard Treatise and no such Antient Record as Sir Edward Cooke most confidently averrs it upon groundless Reasons and bold false averments void of Truth Which Modus if really made and observed in his reign and after ages no doubt our Hisâ—orians would have mentioned it as well as his Laws of which they give us this following account Henry de Knyghton records That King Edward after his Coronation Consilio Baronum et caeterorum Regni received established and confirmed the good Laws which for 68 years lay as it were asleep among the sleepers and buried in Oblivion These Laws are called the Laws of St. Edward not because he had first invented them but because they being as it were put under a Bushel and laid in oblivion from the time of his Grandfather King Edgar he put to his hand first to find them out and then â—o establish them Wâ—l of Malmesbury thus writes of these Laws Omnes Leges ab antiquis Regibus maximâ— ab antecessore suo Ethelredâ— latas sub interminatione Regiae mulctae perpetuis temporibus observari praecepit in quarum custodia etiam nunc tempore bonorum sub nomine Regis Edwardi Iuratur non quod ille statuerit sed observaverit The Author of the antient Manuscript Chronicle of Litchfield and Mr. Selden out of him together with Roger Hoveden and Bishop Usher inform us concerning these Laws Ex illo die magna autoritate veneratae et per universum regnum
Realm against Law and right by his power and often attempted to incline the Kings minde to his Injustice At last his subtilty proceeded so farr that by fraud deceit and circumvention he banished out of the land almost all the Kings kinred and friends whom he had either brought with him or called out of Normandy as well Bishops as Clerks and Laymen of other dignities believing that all things would succeed according to his desires if the King deprived of all his friends should make use only of his Counsels But Edward dissembling all things in regard of time place and out of religion addicted himself wholly to divine duties sometimes predicting That divine Iustice would at some time or other revenge so great malice of the Earl and telling Godwin himself so much Whereupon on a certain day when the King was celebrating the Feast of Easter at Winchester as most or at Windsor as some or Hodiam as others relate which feast was famous among the people the King sitting at his royal Table at dinner the Kings Cup-bearer Harold Godwins own Son as some record bringing the Kings cup filled with Wine towards the Table striking one of his feet very hard against a stumbling block on the pavement fell almost to the ground but his other foot going straight on recovered him again and set him upright so that he had no harm nor shed any of the wine Upon which many discoursing touching this event and rejoycing that one foot helped the other Earl Godwin who customarily sate next to the King at Table being his Father-in-law laughing thereat said by way of merriment Here a brother helped a brother as some or So is a Brother helping to a Brother and one assisting another in necessity as others report his words To whom the King upon this occasion ironically answering said Thus my Brother Alfred might have assisted me had it not been for Godwins Treachery who would not permit him Which Speech of the Kings Godwin taking over-grievously was sore afraid and with a very pale and sad countenance replied I know O King I know it hath been often reported to thee that I have sought to betray thee and that thou O King dost as yet accuse and suspect me concerning the death of thy Brother Alfred neither yet doest thou think that those are to be discredited who call me either his or thy Traytor or betrayer But let thy God who is true and just and knoweth all secrets judge between us and let him never suffer this piece of bread I now hold in my hand to pass down my throat without choaking me if I be guilty of any Treason at all against thee or had ever so much as a thought to betray thee Or if I be guilty of thy Brothers death or if ever thy brother by me or my counsel was nearer to death or remoter from life And so may I safely swallow down this morsel of bread in my hand as I am guiltlesse of these facts When he had thus spoken the King blessed the piece of bread whereupon Godwin putting it into his mouth swallowed it down to the midst of his throat where it stuck so fast that he could neither get it down nor cast it up by any means till through the cooperation of divine vengeance he was so choaked with it that his breath was quite stopped his eyes turned upside down his arms grew stiff being conscious to himself of what he thus abjured and so he fell down dead under the Table Deus autem justus et verax audivit vâ—cem Proditoris et mox eodem pane strangulatus mortem praegustavit aeternam writes Radulphus de Diceto The King seeing him pale and dead and that divine judgement and vengeance had thus passed upon him said to those who stood by Dragg out of this dog this Traytor and bury him in the high way for he is unworthy of Christian burial Whereupon his Sonnes there present beholding this Spectacle drew him from under the Table into a Bedchamber ubi debitum proditoris sortitus est finem and immediately after they buried him privily in the old Monastery at Winchester without honour or solemnity Abbot Ingulphus thus briefly relates the story of this his death Anno Domini 1053. cum Godwinus Comes in mensa Regis de nâ—ce sui fratris impeteretur ille post multa Sacramenta tandem per buccellam dâ—glutiendam abjuravit buccella gustata continuo suffocatus interiit As this judgement of God upon Earl Godwin for murdering Prince Alfred right heir to the Crown and the Normans who accompanied him 17 years after the fact was most exemplary so Gods justice upon his posterity is remarkable which to omit their forementioned exiles troubles are thus epitomized by Will. Malmâ—b Godwin in his younger years had the Sister of Cnute for his wifeâ— on whom he begat a Son who having passed the first years of his childhood whiles he was riding on a horse given to him by his Grandfather in a proud childish bravado giving him the spurr and â—ains the horse carried him into the swift stream of the River of Thames where he was drowned His Mother also was slain with the stroke of a thunderbolt receiving the punishment of her cruelty who was reported to buy whole droves of slaves especially beautifull maides in England and to send them into Denmark that she might heap up riches by their deformed sale After her death he maried another wife on whom he begot Harold Swane Wulnoth Tosti Girth and Leofwin Harold after Edward was King for some Moneths and being conquered by William at Hastings lost both his life and kingdom with his two younger Brothers there slain in battel Wulnoth sent into Normandy by King Edward because his father had given him for an hostage was there detained a Prisoner without any release during all King Edwards life and being sent back into England in Williams reign continued in bonds at Sarisbury till his old age Swane of a perverse wit treacherous against his King revolted oftentimes both from his Father and his Brother Harold and becomming a Pyrate polluted the vertues of his ancestors with his maritime Robberies and murder At last going barefoot to Ierusalem in pilgrimage out of conscience to expiate the wilfull murder of his Cosen Breuno and as some say his Brother in his return thence he was circumvented and slain by the Saracens Tosti being advanced by King Edward to the Earldom of Northumberland after the death of Earl Syward ruled the County near two years which being expired he stirred up the Northumbrians to a Rebellion with the asperity of his manners for finding him solitary they chased him out of the Country not thinking â—it to slay him by reason of his Dukedom but they beheaded all his men both English and Danes and spoiled him of all his horses arms and houshold-stuff whereupon being deprived of his Earldom he went with his wife and children into Flanders and at
Earl much benefited the King and people whiles he lived Algarus his son succeeding him in the Earldom of Mercia in the year 1058. was banished the second time by Kiâ—g Edward but by the assistance of Griffin King of Wales and help of the Norwâ—y fleet which beyond expectation came to assist him he suddenly recovered his Earldom again by force of which he conceived himself unjustly deprived against Law Griâ—fin King of Wales having contrary to his former league and agreement invaded infested England slain the Bishop of Hereford burnt the City â—arrowed the Country and twice assisted Earl Algarus against King Edward thereupon Anno 1063. Duke Harold by King Edwards command marched hostilely into Wales with his forces to infest Griffin who having notice of his comming took Ship and hardly escaped his hands Hereupon Harold raised a greater Army and likewise provided Ships and furniture after this his brother Tosti and he joyning their forces together by the Kings command began to depopulate Wales and invaded it both by Sea and Land whereupon the Welshmen compelled by necessity gave them Hostages and promised That they would thenceforth pay a Tribute to K. Edward as their Soveraign and banish their King Griffin whom they expelled accordingly that year and An. 1064. they cut off their King Griffins head and sent it unto Harold who presently transmitted it to K. Edward whereupon the King made Griffiâ—s Brothers Blethagent and Redwallo Kings over the Welshmen to whom he gave that land who sware Fealty to King Edward and Harold et ad imperium illorum mari terraque se fore paratos ac omnia quae prius de terra illa Regibus anterioribus fuâ—rant pensa obedienâ—er se pensuros responderunt as Wigorniensis Hoveden Simeon Dunelmensis and others record their Oath The next year Tosti Earl of Northumberland moved with envy against his Brother Harold in the Kings own presence at Winsore took Harold by the hair as he was drinking wine to the King and violently struck the Cup out of his hand using him most dishonourably all the Kings Houshold admiring at it Upon which Harold provoked to revenge taking Tosti between his arms and lifting him up on high threw and dashed him violently against the pavement At which sight the Souldiers round about ran in on all â—ides and parting the began fray perforce between these Brothers and stout Warriers severed them one from the other But the King upon this predicted that the destruction of these two Brothers was now near at hand and that their deadly feud was not long to be deferred For all the sons of the Traytor Earl Godwin were so ungracious covetous oppressive and so extremely unjust that if they had seen any fair Manner or Mansion place they would procure the owner thereof to be slain in the night withall his posterity and kinred that so they might get possession thereof for themselves Who notwithstanding which their soft and honied speeches although they were but swords did so circumvent the over-credulous simplicity of King Edward that after many enormous wickednesses committed by them he made them Râ—gni Iusticiarios Regni Rectores Dispositores both Justices Rulers and Disposers of the kingdom and likewise Generals and Admirals of his forces both by Land and Sea The many acts of Injustice committed by the sway of power and passion by Earl Godwin and his sons proportionate greatness and the Kings weakness did much blacken that bright time of Peace and made a good man not by acting but induring ill held to be a bad King Tosti after this contest and quarrel with his brother Harold departing in a rage from the Kings Court and comming to the City of Hereford where his Brother Harold had provided a great intertainment for the King slew and cut all his Servants in pieces and put either a legg arm or some other member of their bodies thus mangled into every vessel of wine meade bear and other sorts of liquors he there found wherin they lay steeping stopping up the Vessels again Which done he sent word to the King that when he came to his Farm at Hereford he should find his flesh well powdâ—red and that he would provide him sweetmeats The King being informed of this his barbarous villany and scoff commanded that he should be banished for this detestable wickedness which he abhorred Soon after Tosti departing into Northumberland about the 5. of October divers Gentlemen and others of that Country assembling together came with about 200â— armed men to York where Tosti then resided both to revenge the execrable murder of some Noble Northumberlanders servants to Goâ—patriâ— whom Queen Egitha in the cauâ—e of her brother Tosti had commanded treacherously to be slain on the 4th day of the precedent Christmass and of Gamel the son of Orâ—e and Ulfe son of Delfin whom Tosti the year before had commanded to be treacherously murdered in his chamber at York under pretext of making a Peace with them necnon pro immanitate Tributi quod de tota Northimbria injuste acceperat as also for the excessiveness of the Tribute which he had unjustly received out of all Northumberland without their common consent and grant These chasing the Earl himself out of the Country pro contuitu Ducatus occidendum non rati slew and cut off the heads of all his Servants and Courtiers as well English as Danes being above 200. on the North part of the river of Humber then breaking up his Treasury they took away all his Treasures Horses Armes houshold-stuff and all things that were his The rumor whereof being brought to the King and the Country in an uproar almost all the Northumberlanders met together and elected constituted Morchar Earl Algarus son for their Earl in the place of Tosti who marched with them into Lincolnshire Nottinghamshire and Derbyshire wasted and pillaged those Counties slew many of the Inhabitants and carryed many thousands of them away captive leaving those Counties much impoverished many years after Hereupon Harold was sent against them to revenge those injuries to prevent further mischiefs and to mediate a reconciliation between them and Tosti Upon this the Northumberlanders met Harold first at Northampton and afterwards at Oxford and although they were more in number than he yet being desirous of quietness and peace they excused the fact unto him saying Se homines liberè natos liberè educatos nullius Ducis ferociam pati pâ—sse A majoribus didicisse aut Libertatem aut Mortem c. That they being men freely born freely educated could not suffer the cruelty of any Duke That they had learned of their ancestors either to enjoy Liberty or death Therefore if the King would have them his Subjects he must set another Earl over them even Morchar who had had experience how sweetly they knâ—w to obey if they were sweetly handled But all of them unanimously refused any reconciliation at all with Tosti
goodliest Souldiers he could select and of such Captains and Commanders as both in the Army and elsewhere seemed all of them to be rather Kings than Nobles And to set the better colour upon his pretended enterprise he sent to Pope Alexander acquainting him with the justice of his cause and the war he had undertaken his Embassadours setting them forth with all the strength of eloquence which Harold neglected to doe either through sloathfullness or diffidence of his Title or for fear William who strictly watched at Ports should intercept his Messengers The Pope having weighed the Tiâ—le of both parties sent a consecrated Banner to William as an Omen of his right to the kingdom and good success taken in the enterprise Which having received Conventum magnum Procerum apud Lislibonam fecit super negotium singulorum sententias scissitatus Duke William called a Great Council of Nobles at Lillâ—bon demanding every one of their opinions concerning this business Cumque omnes ejus voluntatem plausibus excipientes magnificis promissis animassent Commeatum Navium omnibus pro qnantitate possesionum indixit Henry Huntindon Hygden Radulphus de Diceto Speed Daniel and others relate That the Lords of Normandie in this great Parliamentary Assembly taking Counsel amongst themselves what was best to be done in this expedition VVilliam Fitz-Osbert counselled to leave and forsake the war both for scarcity of â—ighting men and by reason of the strength valour fierceness and cruelty of the Enemies Whereof the other Lords being glad put their answer into his mouth resolving they would all consent to what he should say Who comming before the King said That he and all his men were ready and devoted to assist him in that enterprise and so were all the other Lords Whereupon all the Nobles of Normandy being thus unexpectedly surprized and bound by his words and promise provided themselves for the expedition In this Assembly of the Norman States a subsidy being propounded as the sinews to carry on this great undertaking it was answered That a former war with the French had impoverished much of their wealth That if new wars were now raised and therein their substance spent to gain other parts it would be there so missed as it would hardly be sufficient to defend their own That they thought it more safe for him to hold what he had than with hazard of their own to invade the territories of others That though the war intended were just yet it was not necessary but exceeding dangerous Besides by their allegiance they were not bound to milâ—tary services in forein partsâ— and therefore no payments could be assessed upon them Whereupon the wealthiest of all the people were sent for by the Duke and severally one by one conferred with shewing them his right and hopes of England where preferments lay even for the meanest of them only money was the want which they might spare â—either should that be given but lent upon a plentifull increase With which words he drew them so on that they strove who should give most and by this means he gaâ—hered such a masse of money as was sufficient to defray the war Besides Fitz Osburne promiâ—ed to furnish 40 ships at his own charge the Bishop of Bayon 40. the Bishop of Mauâ— 30. and so others accordingly beyond their abilities And divers neighbour Princes upon promises of fair possessions in England assisted him both with Ships and Souldiers On the other side Harold to prevent his and the Danes invasions who likewise laid Title to the Crown provided ships and forces to oppose them both by Sea and Land and repairing to the Port of Sandwich appointed his Navy to meet him there which being there assembled he failed with it to the Isle of VVight and there watched the coming of VVilliam into England with his Army all the Summer and Autumn placing likewise his Lanâ— forces of Foot in fitting places about the Sea coasts But at last the victuals of the Navy and land Army being spent they both returned home about the Feast of St. Mary Soon after Divine Providence to make the easier and speedier way for Harolds overthrow stirred up his own Brother Tosti the banished Earl of Northumberland to recover his Earldom and avenge himself of Harold who exiled him some think by Duke VVilliams advice they marrying two Sisters Who coming with 60 some write 40 ships out of Flanders forced Taxes and Tribute out of the Isle of VVight took booties and Mariners to serve in his Navy on the Sea coasts of Kent whence he hoising â—ail fell â—oul on Lincolnshire where Morcar and Edwin Earls of Chester and Yorkeshire incountring him with their forces by Land and Harolds Navy by Sea with some loss of their men routed and drove him from thence into Scotland Where after some stay Harold Harfager King of Denmark after his conquest of the Orcades by Tosti his solicitation came into the River of Tine with 300. others write 500 ships where they both united their forces intending to subdue and conquer England then landing their Souldiers in Northumberland they wasted and spoiled the Country where ever they came Whereupon Earl Morcar and Earl Edwin with the inhabitants of the Country raised all the forces they could against them and giving them battel in a tumultuous manner were routed by them many of them being slain in the field and the rest inforced to fly into York for shelter which the Enemies besieging was presently surrendred up to them and hostages delivered them after the slaughter of many Citizens Nobles and Clergy-men Upon this King Harold recollecting his disbanded Army and Navy marched with all speed towards York against the Danes Norwegeans and his brother Tosti but coming to Hamford Bridge one valiant Dane with his Battle Axe â—lew 40 of his men and made good the Bridge against the whole Army for a long space till at last some going under the Bridge in a Boat slew him with a spear Both Armies joyning battel after a long and bloudy fight Harfager and Tosti with may other of Note were slain their whole Army routed all their Ships taken with the loss of many of the bravest English Souldiers and 20 of their Ships only permitted to depart into Denmark with their wounded men and Oâ—aus Harfagers Son who to save his life took an Oath never from thence forth to attempt any hostility or invasion against the English This victory Abbot Ailred ascribes to the merits of Edward the Confessor who promised to be the Captain and Protector of the English Nation against those Enemies who invaded the Realm contrary to right and Law and promised them the victory over them But Harold ascribing it to his own valour instead of rewarding his Souldiers with the spoils of the vanquished enemies as the price of their bloud out of a base unworthy avarice converted all the spoils and booty to his own private use giving no part of them to any other Wherewith many