600 or 200 s. Land by the year consocientur et exuperent eum vivum vel mortuum alterutrum quod potâ—runt et qui aliquem eorum infaidiabit qui in câ quaestione suerint fit inimicus Regis et omnium Amicorum ipsius Et si quis adire negaverit et coadjuvare nolit emendat Regi cxx s vel secundum hoc pernegat quod nescivit et hundredo xxx s. From whence it is apparent That all Oaths of Allegance and Laws against Theeves and other Malefactors were then made and enacted in Parliamentary Council s assembled for that purpose and all fines for offences imposed and reduced to a certainty only by Parliament And by the last parcel of King Edmunds Laws in Bromton it seems the manner of contracting Marriage was then prescribed and setled by a Parliamentary Council This King Edmund as he gave and restored by his Charters to Christ-Church and St. Augustines in Canterbury several Lands unjustly taken away from them by his Predecessors free from all secular services except expedition and building of Bridge and Castle and ratified the Laws and Privileges of St. Cutberts Church at Durham by consent of his Bishops and Nobles So likewise Anno 944. he graâ—ted by his Charter written in golden Characters â—â—dry large Liberties together with the Mannor of Glâ—stâ—â—bury to the Abbey of Glustonbury Consiâ—io et coâ—sen 〈◊〉 Opâ—imatum meorum then assembled in a Paliamentary Council at London ratifying the Privileges grantâ—d to the Monastery by King Edmund his Father Eâ—frid â—…twine Ina and Cuthred et nè quisquam mortalâ—… seu Episcopus vel Dux aut Princeps aut quilibet ministrorum eorum audeat eam omnino intrare causa placitandi vel capiendi vel quidquam faciendi quod contrarium fore possit inibi Deo Servientibus Dei indictone prohibuit In the year 945. this King Edmund gave many Lands and Privileges tothe Monastery of St. Edmundsbury by his Charters quam subscriptione Episcorum Comitum et Baronum piâ devotione roboravit most probably in the Parliamentary Council of London at Culington where they were all assembled King Edmund in the year 946. celebrating with great Solemnity the Feast of St. Augustine which the English accustomed to celebrate every year at Canterbury as some or at Pulcherkirke now at Puckel-Church in Glostershire as others or Michelesberith as Matthew Westminster stiles it as he was sitting at Dinner in the Hall amidst his Nobles and Courtiers espyed a notable Thief called Leoff whom he formerly banished for his theft stand in the Hall Whereupon he not enduring his sight commanded his Butler to thrust that Thief presently out of the Palace who refusing to depart upon the Kings Command and resisting the Butler the King therupon in a rage rising suddenly from the Table took the Thief by the Hair and threw him to the Ground whereupon the Traitor feeling himself hurt and the King lying upon him presently drew out his Knife which he carried secretly about him ript up the Kings bowels and slew him with it which the Knights and Souldiers perceiving rushed all upon the Thief and with their Swords and Knives chopped all his flesh and bones into small pieces Some â—istorians write that he slew some of the Kings followers likewise and wounded more of them and so escaped in the midst of the Tumult Sicque clarum regalis Convivii principium nebulosus rerum Gestarum exitus terminavit Communi ergo decretum Concilio It was thereupon decreed by a Common Council that his Body should be interred in Glastonbury Abby Abbot Ethelred gives this Encomium of him Erat autem pauis Edwardi in omnibus imitabitor homo simplex rectus et timens Deum et usque ad finem vitae suae permanens in innocentiâ suâ Edred his Brother succeeded him the same year in the Throne and was crowned King at Kingston by Odo Archbishop of Canterbury Edwin and Edgar King Edmunds Sons being put by because of their Infancy quiaâ—tepugnante legitimâ aetate patri succedere non valebant as Matthew Westminster renders the reason No sooner was he crowned but entring into Northumberland with a great army he subdued the rebellious Northumberlanders who refused to bear the yoak of his government reducing them all under his obedience Wherupon Wulstan Arcbbishop of York and all the Nobles of the Northumberlanders swore fealty to King Edred which they did not long observe After which King Edred entred with Banners displayed into Scotland whereupon the Scots strucken with a fear without any resistance or war swore homage and fealty to him as to their true Lord as well as the Northumberlanders which Oath they soon violated For no sooner was Edred returned with his Army into the Southern parts but Anlaff who was chased out of Northumberland returning thither again with a great Fleet was joyfully received by the Northumberlanders and restored by them to the Throne of the Kingdom which he kept by force near four years But in the fourth year the Northumberlanders using their accustomed treachery and disloyalty châ—sed away their King Anlaff and received Hire or Eâ—icus son of Harald for their king who held the kingdom but a short time for the People of the Country not long enduring any king as they haâ— lightly received Hire for their king so in the third year of his Reign they as lightly rejected him and calling king Edred to them of their own accord received him again for their Soveraign and set him in the Throne as Humindon records But Malmesbuty Roger Hoâ—eden and others relate That king Edred Anno 948 was soincensed with the Northumberlanders for their treachery towards him in chusing Hirc for their king against their Oath of Allegiance sworn to him that he wasted all Norshumberland with fire and sword and famine et penè ex hominibus delevit But some of the Northumberlanders in his return from thence sallying out of York with their forces cut off some of the Rear of his Army ar Cesterford wherwith king Edred was so enraged that he resolved presently to return et totam illam terram penitus desere and ututterly to destroy all that Country Which the Northumberlanders hearing they were so terrified that they rejected their new King Hirc and received Edred for their Soveraign satisfying the King with Honors and the Damages and Wrongs they had done unto him with Gifts and no small Sums of Mony These treacherous Rebellious Northumberlanders after Edred and Hirc had no particular King at all to rule over them but only Dukes whose names and successions with their Treachery towards and Rebellions against them you may read at leisure in Roger Hoveden who subjoyns the History of them immediately to this relation This King Edred about the year 951. close imprisoned Wulstan Archbishop of York in Withaubrig and suspended him from his Archbishoprick near a whole year for certain causes of which he had been
year as Radulphus de Diceto informs us Rex Canutus CONSILIO CLERI ET PROCERUM by the Counsel of his Clergy and Nobles most likely assembled in this Council at Cirencester and especially of his Queen Emma he placed Monks in the Monastery of Badricesworth wherein the bodie of King Edmond the Martyr resteth removing the Secular Priests from thence Matthew Westminster thus relates it Consilio Emmae Reginae et EPISCOPORUM SIMUL ET BARONUM ANGLIAE Monachos in eo constituit c. Caenobium quoque beati Regis et Martyris Edmundi tot praediis et bonis aliis ampliavit ut omnibus ferè Angliae Monasteriis in rebus temporalibus merito praeferatur Sir Edward Cook in his Preface to his 9. Reports out of an antient Manuscript of the Abbey of St. Edmonds which he said was in his custody gives us this account of a Parliament held at Winchester in the 5. year of King Cnute his reign Anno 1021. Haec sunt Statuta Canuti Regis Anglorum Danorum Norwegiarum Venerando Sapientum ejus consilio ad laudem et gloriam Dei et sui Regalitatem et commune commodum habito in Sancto Natali Domini apud Winton c. Rex Canutus anno regni sui 5. viz. per centum et triginta annos ante compilationem Decretorum quae Anno Dom. 1150. fuerunt compilata anno septimo Pontificatus Papae Eugeâ—â—i â—ertii et ante compilationem aliorum Canorum quorumcunque Cunctos Regni sui Praelatos Proceresque ac Magnates ad suum convocans Parliamentum in suo publico Parliamento persistentibus personaliteâ— in eodem â—…no et Adeâ—nodo Archiepiscopis et Ailwino Episcopo Elmhamense et aliis Episcopis ipsorum suffraganeis septem Ducibus cum totidem Comitibus necnon diversorum Monasteriorum nonnullis Abbatibus cum quamplurimis gregariis Militibus ac cum populi multitudine copiosa ac Omnibus tunc in eodem Parliamento personalitur exisientibus Votis Regiis unanimiter consentientibus praeceptum et decretum fuit Quod Monaste Sancti Edmondi c. sit ab omni Jurisdictione Episcoporum Comitatus illius ex tunc in perpetuum funditus liberum et exemptum c. Illustris Rex Hardicanu us praedicti Regis Canuti filius haeres et successor ac sui Patris Vestigiorum devotus imitator c. cum laude et favore Aegelnodi Doroberniensis nunc Catuariensis et Alfrici Eborac Episcoporum aliorumque Episcoporum Suffraganeis necnon Cunctorum Regni sui mundanorum Principum descriptum constituit roboravitque praeceptum That which this Manuscript stiles so often a Parliament held at Winchester in the 5th year of King Cnute of which there is not one Syllable in any of our Historians is as I conceive that which Matthew Westminster Wigorniensis Hoveden and Simeon Dunelmensis stile CONCILIUM ET MAGNUM CONCILIUM c. held at Cirencester or Orencester not Winchester the 4th year of his reign wherin by the Counsel of Queen Emma and of his Bishops and Barons he placed Monks in the Monasterie of Bederichesiorthe where St. Edmund was interred and endowed the Monastery of St. Edmond with so many farmes and other goods as made it one of the richest in all England as those Historians witness Whose Name and date the ignorant compiler of this Manuscript mistook whose Antiquitie and reputation is very suspitious as c Sir Henry Spelman informs us First because Sir Henry could never gain the sight of it from Sir Edward Cook though he oft-times promised to lend it him to peruse for his satisfaction And that which dares not abide the sight and test of such a judicious learned Antiquary when desired may justly be deemed an Imposture 2ly Sir Henry Spelman conceives the Author of this Manuscript writ not before the end of King Henry the 3d if so soon seeing he calls the Great Council of the Realm so frequently a Parliament which Title was not given it in Manuscripts or Historians till the end of King Henry the 3d or after his reign And Wigorniensis Matthew Westminster Hoveden and Simeon Dunelmensis all stile it onely CONCILIUM not Parliamentum 3ly Because he certainly mistakes in his Chronology in making Aegelnoth Archbishop of Canterbury in the reign of King Hardecnute when as he died and Eadsi was made Archbishop thereof two years before Hardicnutes reign which Eadsi crown'd him King as Matt. Westminster An. 1038. together with Matthew Parker and Godwin attest And therefore he might as grosly mistake in other things 4ly It appears by the recital it self that it was writ above 130 years at least after this Council under Cnute because it recites it preceeded the Decrees made so long after under Pope Eugenius An. 1150. 5ly The form of the Prologue Haec sunt Statuta c. coupled with ad suum convocans Parliamentum in suo publico Parliamento and aliis Episcopis ipsorum Suffraganeis prove it not to be written before King Edward the first his reign when such phrases came first in vse Sir Edward Cooke himself informing us in his Epistle that in Cnute his reign such State-Assemblies were stiled Venerandum Concilium Sapientum sic enim apud majores Parliamentum illud Latine redditur 6ly Because it subjoins cum quamplurimis gregariis militibus ac cum populi multitudine copiosa as if they had been personally present in this Parliamentary Council as well as the Archbishops Bishops Abbots Dukes and Nobles of which there is not one syllable in our four antient Historians which mention this Council at Cirencester Neither can these Gregarii milites be intended Knights of shires nor populi multitudine copiosa Commoners or Burgesses elected to serve in Parliament by and for the people as Sir Edward Cooke and others fancy there being no mention of any such chosen Knighrs of Counties Citizens Burgesses or Commons in that or succeeding ages till about the reign of King Henry the 3d. but only ordinary Souldiers and the Vulgar sort of people admitted to be present in the Council at the reading and passing of the Charter to St. Edmond as they are now admitted into the Lords House together with the Knights and Burgesses at the beginnings and ending of our Parliaments and upon publike Trials Conferences and Occasions at which times there are more common people ten to one usually present to see and hear what is acted who are no members then there are Members of the Commons House which never sate together with the Lords for ought appears much less in this Parliament as some confidently inferr from this Spurious Antiquity which Sir Edward Cooke little versed in Antiquities and oft mistaken in them so much magnifies and insists on In the year of Christ 1021. King Cnute uppon occasions and offences taken by him banished Duke Turkell to whom he had formerly committed East England with Edgitha his wife and Hirc Duke of Northumberland out of England Turkell no sooner arived in Denmark
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 Kenâ—… that they should be perpetually freed ab omni exactione publica tributi atque dispendio vel laestone à praesenti aie 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 his antecessors under whom Justice and Liberty was kept towards them About the year of our Lord 678. Wilfrid Arch-bishop of York being in a Council unjustly deprived of his Bishoprick by Theodor Archbishop of Canterbury who envied the greatness of his Wealth Power and Diocess which he would and did against Wilfrids will in that Council divide into 〈…〉 more Bishopricks was after that time exiled the Realm through the malice of Egfrid king of Nortbumberland and Emburga his Queen whom he would have perswaded to 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 Judgement and sentence of another Council held under Aldrid kingâ— of Northumberland and Bertuald Archbishop of Canterbury he thereupon made 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 heldâ— by him as he should deem meet with which decree against his first sentence he returning from Rome to king Egfrid to whom he delivered it sealed with the Popes Seal the king upon sight and reading thereof in the presence of some of his Bishops tantùm à reverentiâ Romanae sedis absuit 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 days 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 â—…lace to Religion he was loosed from his Bonds detainâ—ed in free custody and afterwards released but not restored After which about the year 693 he appealed again to Pope John 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 with 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—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 Anno 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 praeserâ—im cum eorum robori accedat Regis nostri Jussio nostrae necessitatis sponsio c. Puer in Regem levatus host is abactus Tyrannus extinctus est igitur Regiae voluntatis ut Episcopus Wilfridus revestiatur Upon which he was accordingly 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 for one miles circuit round about none should be arrested going or coming but injoy inviolable peace Quod institutum authoritate privilegiis Romanae sedis Apostolicorum Archiepiscoporum Episcoporum Regum Principum tam Scotiae quam Angliae confirmatum est Quod si aliquis temerarius infringere audebit magnae pecuniae damno obnoxius erit perpetuo Anathematis gladio ab ecclesiâ seperabitur as Richard Prior of Hagustald records Anno Domini 708 Egwin Bishop of Worcester procured king Kenred and Offa by their Charters to grant and confirm many Lands and Privileges to the Abbey of Evesham which Pope Constantine likewise ratified by his subscription at Rome as well as these kings in the presence of many Archbishops Bishops Princes and Nobles of divers Provinces who commended and approved their Charters and Liberality In pursuance whereof Pope Constantine writ a Letter to Brithwald Archbishop of Canterbury to summon Concilium totius Angliae a Council of all England to wit of the Kings Bishops Religious persons of Holy Orders Optimatesque Regni cum proceribus suis with the Nobles and great men of the Realm who being all assembled together in the name of the Lord The Archbishop should in their presence read the Charters of these Kings and the Popes confirmation of them that they might be confirmed by the favour and assent of the Clergy and the people and consecrated with their Benediction Whereupon king Kenred and Offa after their return from Rome assembled a General Council in a place called Alne where both the Archbishops Brithwald and Wilfrid with the rest of the Bishops Nobles and these two Kings were
testimonio Cyrographorum aeternae memoriae inserta sint Quapropter Ego Ethelbaldus Rex Merciorum pro amore caelestis patriae hanc donavion emâ—…me vivente concedo â—â—r omnia Monasteria Ecclesiae Regni mei A publicis vectigalibus ab omnibus operibus oneribusque absolvantur nisi in instructionibus Arcium vel Pontium quae nulli unquam possint laxari as Ingulph renders it or as other Copies nisi sola quae communiter fruenda sint omnique populo edicto Regis facienda jubentur id est instructionibus Pontium vel necessariis defensionibus Arcium contra â—ostes non suntrenuenda Sed nec hoc praetermittendum est cum necessarium constat Ecclesiis Dei Praetereâ— habeant famuli Dei propriam Libertatem in prosicuis Sylvarum in fructu Agrorum in captura piscium nec munuscula praebeant Regi vel Principibus nisi voluntaria sed liberi Domino serviant in contemplatione pacificâ per totum regnum meum usque in aevum Sed cunctas rribulationes quae nocere vel impedire possint in Domo Dei omnibus Principibus sub meâ potestate degentibus demittere auferre praecipio Quatenus sublimitas Regni mei prosperis successibus polleat in terris meritorum manipuli multipliciter maturescant in coelis Qui verò haec benigna mentis intentione atque in-laesâ cogitatione custodierit aeternâ claritate coronetur ornetur glorificetur Si quis hoc quod absit cujuslibet personae tyrannica cupiditate instinctus contrà hanc donationis chartulam â—aeculari potentiâ fretus venire nititur sit sub Anathemate Judae Proditoris Domini nostri Jesu Christi Ad confirmandum verò hoc nostrae benefiâ—entiae munus Hi â—…runt Nostri Magistrarus Optimates et Duces fidelissimique amici concesserunt et scripserunt Then toâ—â—ow the subscriptions of the King Bishops and Nobles with Ego his statutis consentions subscripsi confirmandoque signum crucis aravi In this Council amongst other Synodal Decrees subscribed by the Bishops It was decreed That the Feasts of St. Gregory the Pope and St. Augustine the English Apostle should be perpetually observed with greatest solemnity King Ethelbald with his Nobles being there present and approving it In the year of Grace 752. Cathred king of the West-Saxons being unable to endure the proud Exactions and insolencies of king Ethelbald for vindication of his own and his peoples Liberty from his oppressions raised an Army and fought a bloody Battel with him at Beorsord where through Gods assistance who giveth grace to the Humble and resisteth the Proud he routed him and his whole Army and after An. 755. flew him in a second battel he disdaining to fly by the Treachery of Bernred his Captain the chief Author of his death King Cuthred deceasing Sigiberâ— his kinsman who succeeded him growing insolent and proud by his Prâ—â—ecessors great successes became intollerable to his Subjects treating them very ill in every kind Depraving or altering the Laws of his Ancestors for his own private Lucre and exercising exactions and cruelties upon his Subjects setting aside all Laws Whereupon his faithfull Counsellor Earl Cumbra ovingly admonishing him to govern his people more mildly and justly that so he might become amiable to God and men he was so incensed with him that he commanded him most wickedly to be slain and became more cruel and Tyrannical to his people than before The Peâ—rs and Commons hereupon seeing their Laws and Liberties thus violated and their Estates and Lives every day in danger being incensed into fury assembling themselves together did all unamimously rise up in Aâ—… against him and upon mature prudent deliberation by the unanimous consent of all expelled him the Kingdom for his Tyranny and mis-governmenr Upon which Sigebert flying into the woods for shelter like a sorlorn person was there slain by Cumbra his Swine-herd in revenge of his Masters murder Florensius Wigornâ—ensis relates that after his expulsion from the Realm by the Nobles for the multitude of his unjust deeds Kenulphus allotted him the County of Hampshire for his maintenance until he slew Earl Cumbra such was the Charity and Humanity of those times even to an expelled deposed Tyrannical King now quite oâ—â— of date with whom Ethelwerdus Hist l. 2. c. 17. and Polychronicon l. 5. c. 24. accord Some of our Historians especially Ethelwerdus and Wigorniensis relate that Kenulphus usurped the Crown by meer force of Arms first drawing the Nobles and People to rise up against and expell Sigebert for his exorbitant actions and the multitude of his unjust deeds and then usurping the Throne being not of the blood Royal as Malmesbury relates though of a Noble family But they all unanimously record that he came to a miserable end upon this occasion When he had reigned 31 years with honour and good success being puffed up therewith and fearing lest Kineardus Sigiberts Brother who began to be potent should revenge his Brothers death upon him and dispossess him or his posterity of the Crown he banished and compelled him to depart his Kingdom Who thereupon giving way to the time voluntarily sled out of his Dominions But soon after secretly drawing together through private Conventicles a band of desperate men he found an opportunity to fall upon Kenulphus when he went with a few followers to visit his Paramore at Merton where he besetting the House round slew the King with all his followers The fame of which Act coming to his Nobles and Souldiers not far from the place They upon Exhortation of Esric the chiefest of them not to let pass the death of their Lord unrevenged to their notorious and perpetual infamy furiously encountred Keneardus and his Complices and notwithstanding all their fair promises of Mony preferments to them and all intreaties after a sharp bloody incounter put them all to the sword with the loss of some of their own lives Ecce quomodo Dei Iustitia non solum futuro saeculo verum etiam in isto digna meriâ—is manifesto judicio recompensat c. Add Henry Huntindon Roger Hoveden John Bromton Malmesbury and others as a Corollary to this History of Sigibert and Kenulphus Which all Traitors Tyrants and Usurpers treading in their exorbitant footsteps may do well advisedly to consider In the year of our Lord 758. The people of the Realm of Mercia rising up against their King Bernred because he governed them not by just Laws but by Tyranny assembled all together in one as well Noble as Ignoble and Offa being their Captain they expelled him out of the Kingdom and then by the unanimous consent of all as well Clergy as people they crowned Offa King This Bernred as Malmesbury Speed and Simeon Dunelmensis write treacherously murthered King Ethelbald his Soveraign whose General he was and thereupon usurping his Throne and turning a Tyrant as most Usurpers do was in the very first year of his usurped reign expelled the
prisoner and slain by this Usurper at Tymmouth Upon occasion of which Insurrections and Wars I conceive this Council was most probably summoned Soon after this usurping Regicide Ethelred was slain himself even by those seditious Subjects who expelled and slew Osred to advance him to the Throne The common fate of bloody Usurpers especially in this kingdom of Northumberland as our Historians observe King Offa in the year 793. called a Provincial Parliamentary Council where Archbishop Humbert and his Suffragaâ—s with all the Primates and Nobles were present wherein he treated with thâ—m about founding the Monastery of St. Albane the first Martyr in the place where his Corps was found â—ndowing it with lands and Privileges Placuit omnibus Regis propositum Whereupon they concluded the King should go to Rome in person and procure from the Pope the Canonization of St. Albane and a Confirmation of Privileges to the Abbey he intended to build He repairing to Rome accordingly the Pope commending his Devotion gave him his full aâ—…ent both to found a Monastery and endow it with all such Privileges as he desired enjoyning him that returning to his Country ex Consilio Episcoporum Optimatum suorum by advice of his Bishops 〈…〉 he should confer to the Monastery of St. Albane what Possessions or Privileges he would which he 〈◊〉 grant or confirm to it by his special Charter first and afterwards he would confirm his original with his Privilege and Bull. The king hereupon receiving the Popes Benediction returned home and held two great Councils for the setliug of the Lands Privileges and Liberties of St. Albanes The one at Celcyth where were present 9 Kings 15 Bishops and 20 Dukes as John Stow relates in his Chronicle who all subscribed and ratified his Charter 〈◊〉 Lands and Privileges granted to St. Albane The other Council was held at Verolam which Matthew Westminster thus expresseth Congregato apud Verolamium Episcoporum Optimatum Concilio unanimi omnium consensu voluntate beato Albano Amplas contulit terras possessiones innumeras Quas multiplici Libertatum privilegio insignivit Monachorum vero conventum ex Domibus bene Religiosis ad Tumbam Martyris congregavit Abbatem eis Nomine Willegodum praefecit cui cum ipso Monasterio Jura Regalia concessit This king then reigning over 20 Shires at the same time by the unanimous assent of the Bishops and Nobles z gave out of all those Counties to the English School at Rome Peter-Pence in English called Romescot Yet he privileged the Church of St. Albane with so great Liberty that this Church alone should be quit of the Apostolical Custom and Tribute called Romescot when as neither the King nor Archbishop nor any Bishop Abbot or Prior or any other in the Realm was exempted frow this payment And likewise granted that the Church of St. Albane should faithfully collect the said Romescot from all the County of Hertford wherein the said Church is situated and receive the money collected to that Churches own use And that the Abbot thereof or a Monk constituted his Archdeacon under him should exercise Episcopal Authority over all the Priests Laymen within the possessions belonging to the Abbey and that he should make subjection to no Archbishop Bishop or Legate but only to the Pope himself So as that Church hath omnia jura Regalia and the Abbot thereof for the time being Pontificalia ornamenta And that by the great Charter of this king then made with the unanimous consent of all his Bishops and Nobles in this great Council What Lands he gave to the Monastery of St. Augustines and Christ-church in Canterbury and the Archbishops there you may read at large in the Chronicles of William Thorne col 1775. and Evidentiae Ecclesiae Christi Cantuariensis col 2203 2219. King Offa deceasing An. 797. his Son Egfrid so soon as he was settled in his Fathers kingdom imitating the pious footsteps of his Father devoutly conferred many Lands and possessions on the Church of St. Albanes and confirmed them by his Charter and Privilege with all those other Lands Privileges and Royal Liberties which his Father had conferred on the said Church to enjoy them in the freest manner Et ejus Donatio ut perpetuae firmitatis Robur obtineret juxta morem Romananae Ecclesiae omnium Episcoporum Comitum et Baronum totius imperii sui assembled in a general Council of the Realm Subscriptionem signum crucis apposuit Causing all his Bishops Earâ—s and Barons of his whole Realm to subscribe and ratifie his Charter and Donation with the sign of the Cross after the manner of the Roman Church That it might be of perpetual force and validity Moreover declining his Fathers covetousness in all things whatever he for the exaltation of his Kingdom had diminished out of the possessions of divers Monasteries he out of a pious devotion restored and confirmed with his Privilege or Charter to all who desired it This pious King Egfrid as our Historians observe and let others note it who gain their Kingdoms Powers Possessions by Bloodshed and Treason was taken away by sudden death on the 141 day after his Fathers decease which gave great cause of grief to all the people of his Realm not for his own sins which is not to be supposed but because his Father pro Regni sui confirmatione sanguinem â—…ffudit for the confirmation of his Kingdom shed much blood For he came to the Crown by the slaughter or King Bernred forementioned deposed and slain by him for his usurpation Tyranny and Mis-government then he invaded and â—â—ew with his own hand Alrick King of Kent routed his forces and reduced that kingdom under his own After this marching from South to North even beyond Humber he made Havock of all that stood in his way Whence returning in Triumph he set upon the West-Saxons and vanquished them forced their king Kenwolf to fly into Wales to the Britons for aid then entred into Wales routed their King Marmodius for breaking his Truce made a great slaughter of the Britons after ten years prosperous wars to conquer others returned victoriously into his own territories After his return thither to compleat his bloody Tragedies Ethelberâ— King of East-Angles coming upon solemn invitation to his Court in great state to marry his Daughter was there treacherously murdered by his Wife Quendreda's solicitation and practice with his privity and consent who caused a deep pit to be digged in his Bed chamber under his Chair of State or Bed into which he falling was there treacherously murdered and his head cut off by Gaymbertus who presented it all bloody to King Offa who to colour the business seeming to be sorrowfull for this murder shut himself up in his Chamber and there fasted 8 days space but then sending a great Army into the Kingdom of this murthered Prince seised on united it to his own Empire But Gods exemplary
difference which he had raised between the Pope and Archbishop by his Messengers and should restore to the said Father all the power and dignity which belonged to the said Primates See according to the authority which his Predecessors most amply enjoyed in former time But if the King could not do this that he should then restore the mony and Land which he exacted of the Arohbishop to him again Upon this condition therefore the said reverend Father gave his assent But nothing of the aforesaid condition was performed For three whole years after the said agreement he remained deprived of the power which his predecessors and himself had before that difference over Suthmenstre as well in pasture mony vestments as obedience which belonged to the Metrapolitical See But after the death of King Kenulf when Beornulf reigned the said Archbishop Wulfred invited Abbess Kenedrytha Heir and Daughter of King Kenulf to the foresaid Council whither when she came the Archbishop complained in the audience of all the Council of the injuries and troubles offered and done to him and to Christs Church by her Father and required reparation from her if it were Just Then all the Council found it to be Justice et hoc unanimi consensu Decrevit and Decreed it by a unanimous consent That all those things which her Father had taken away from the Archbishop she ought justly to restore unto him and to give him so much again for reparation And moreover should restore all the use or profit the foresaid Father had lost in so long a space which she humbly promised to do It seemed good therefore to king Beornulf with his Wisemen for friendship sake most diligently to make a reconciliation and amends for the said Lands between the heirs of King Kenulf and the Archbishop and because this pleased the king and he humbly intreated it out of Love and Friendship to the King the Archbishop consented thereto for the heirs of the said king Kenulf often desired to have the said Father to be their Patron and intercessor And they intreated him with humble devotion that for a full reconciliation he would receive in four places one hundred Hides of Land to wit Herges and Herfording Land Wamdelâ—a and Gedding Then the Archbishop for the love of God and the amiable friendship of Beornulf consented to this accord upon this condition that the foresaid Abbess should deliver to the said Archbishop the foresaid Lands of one hundred Hides with the Books which the English call Landbor and with the same liberty which he had before for a perpetual inherâ—nace Whereupon king Beornulf with the testimony of the whole Council proclaimed it to be altogether free But this Agreement was not all this time ratified because after these things the promise remained unfulfilled for 12 Moneths for three Hides or tenements of the foresaid Lands were detained and the Books of 47 tenements to wit the Book of Bockland the Book of Wambelea and also the Book of Herfocdingland But in the year following she the said Ahbess desired a Conference with the foresaid Archbishop who at that time was in the Country of the Wicii at a place called Ostaveshlen where he held a Council where when she had found the man of God she confessed her folly in delaying her former agreement upon which the Archbishop with great sweetness shewed that he was altogether free from the foresaid agreement and that of her part there were many things wanting which she ought to have restored but she being brought before the Councilâ— greatly blushing humbly promised that she would restore all those things that were wanting and with a willing mind restored to the Archbishop the Books of certain Lands which before she had not promised with the Lands adjudged to him as Sir Henry Spelmans Margent supplies the defect in the same Council She likewise added thereto a farm of 4 tenements in Hevgam for his favour likewise She gave to the Archbishop 30 Hide land or tenements in Cumbe with a Book of the said Lands that a firm and stable friendship and accord might remain between all the heirs of King Kenulf and the Archbishop To all which things the Arch-bishop gave his consent upon this Condition that the names of the afore said Lands should be rased quite out of the Ancient Privileges which belong to Wincelcumbe lest in after times some controversie should be raised De hoc quod Synodali authoritate decretum est et signo crucis firmatum concerning this which was ended by authority of the Council and confirmed with the sign of the Ctoss By this and the precedent Councils of Clovesho it is apdarent first That the Injustice Rapine and oppression of our Saxon Kings themselves was then examined and redressed in and by our Parliamentary Councils 2ly That Tittles to Lands Jurisdictions Privileges unjustly taken from the Church and other men by our kings or other great persons and complaints touching the same were usually heard determined and redressed in the great Parliamentary Councils of that Age upon complaints made thereof and that to and before the whole Council not to any private Committees not then in use 3ly That restitution reparations and damages in such Cases were usually awarded in such Parliamentary Councils not only against the Kings Parties that did the wrong but likewise against their heirs as here against AbbessCenedritha Daugher and heir to king Kenulph After the decease ofher father the Tort Feasor 4ly That the same cause and complaint was revived continued ended in succeeding that rested undecided and unrecompenseâ— in former Councils 5ly That Agreements Exchanges and Judgements given upon Complaints in Parliamentary Councils were conclusive and final to the Parties and their Heirs 6ly That Injuries done by the power of our Kings or great Men in one Parliamentary Council as in dividing the Archbishoprick of Canterbury c. were examined redressed by another subsequent Council 7ly That Parliamentary Councils in that Age were very frequently held atleast once or twice a year if not interrupted by wars and that usually at Clovesho according to the Decree of the Council of Heartford under Archbishop Theodor That the Bishops once a year should assemble together in a Council at Clovesho as Gervasius Doroberniensis records there being 4 Councils there and elsewhere held in King Beornulfs 4 years reign I find m another Council held at Clovesho in the year 824 the 3. of the Calends of November under Beornulf King of Mercians and Wulfred Archbishop of Canterbury where this King which all his Bishops and Abbots and all the Princes Nobles and many most wise men were assembled together Amongst other businesses debated therein there was a sure between Heabere Bishop of Worcester and the Nuns of Berclea concerning the inheritance of Aethelfrick Son of Aethelmund to wit the Monasterie called West-Burgh the Lands whereof with the Books the Bishop then had as Aethelfrick had before commanded that they should be restored to
the Church of Worcester This Bishop with 50 Mass Priests and 160 other Priests Deacons Monks and Abbots whose names are recorded in the Manuscript swore that this Lana and Monastery were impropriated to his possession and Church which Oath with all these fellow swearers hewas ordered to take at Westminster and did it accordingly after 30 nights respite Whereupon It was ordained and decreed by the Archbishop all the Council consenting with him that the Bishop should enjoy the Monastery Lands and Books to him and his Church and so that sute was ended and this Decree pronounced thereupon Quapropter si quis hunc agrum ab illâ Ecclesiâ in Ceastre nititur eveâ—lere contra Decreta sanctorum Canonum sciat se facere quia sancti Canones decernunt Quicquid Sancta Synodus universalis cum Catholico Archiepiscopo suo adjudicaverit nullo modo fractum vel irritum esse faciendum Haec autem gesta sunt Hi sunt Testes Connrmatores hujus rei quorum nomina hic infra notantur à die tertio Calend Novembrium Ego Beornulf Rex Merciorum hanc chartulam Synodalis decreti signo sanctae Christi Crucis consirmavi Then follows the Archbishops Subscription and confirmation in like words with the subscriptions of sundry Bishops Abbots Dakes and Nobles being 32 in number all ratifying this Decree An. 833. Egbert King of West-Saxons Athelwulfe his Son Witlasius king of Mercians both the Arcbbishops Abbots cum Proceribus majoribus totius Angliae with the greatest Nobles of all England were all assembled together at London in a National Parliamentaty Council pro consilio capiendo contra Danicos Piratas Littora Angliae assidne infestantes to take Counsel what to do against the Danish Pirates dayly infesting the Sea-Coasts of England In this Council the Charter of Witlasius king of Mercians to the Abbey of Croyland where he was hid and secured from his enemies was made and ratified wherein he granted them many rich gifts of Plate Gold Silver Land and the Privilege of a Sanctuary for all offenders flying to it for shelter which grant could not be valid without a Parliamentary confirmation for he being elected King omnium consensu after the slaughters of Bernulf and Ludican two invading Tyrants cut off in a short time qui contra fas purpuram in duerent regno vehementâ—t oppresâ—o totam militiam ejus quae quondam plurima extiterat victorio sissima sua imprudentia perdiderant as Ingulphus writes was enforced to hold his kingdom from Egbert king of West-Saxons under a Tribute And thereupon conferring divers Lands by his Charter to this Abbey for ever to be held of him his heirs and Successors Kings of Mercia in perpetual and pure Frankalmoigne quietae solutae ab omnibus oneribus secularibus exactionibus vectigalibus universis quocunque nomine censeantur That his grant might be sound and valid he was necessitated to have it consirmed in this Parliamentary Council by the consent of King Egbert and his Son and of all the Bishops Abbots et Proceribus Majoribus Angliae and the greater Nobles of England there present most of them subscribing and ratifying this Charter with the sign of the Cross and their names About the year of Grace 838. there was a Parliamentary Council held at Kingston in which Egbert king of the West-Saâ—ons and his Son Aethelwulfe Ceolâ—eth Archbishop of Canterbury with the rest of the Bishops and Nobles of England were present Amongst many things there acted and spoken Archbishop Ceolnoth shewed before the whole Council That the foresaid Kings Egbert and Aeâ—hel wulfe had given to Christchurch the Mannor called Malinges in Sudex free from all secular service and Regal Tributes excepting only these three Expedition building of Bridge and Castle which foresaid Mannor and Lands King Baldred gave to Christchurch Sed quia ille Rex cuneâ—is Principibus non placuit noluerunt donum ejus permanere râ—…m But because this King pleased not all his Nobles they would not that this his gift should continue firm To which Sir Henry Spelman adds this Marginal Note Rex non potuit distrahere patrimonium Regni sine assensu Procerum Wherefore the foresaid Kings in this Parliamentary Council with their Nobles assent at the request of the said Archbishop regranted and confirmed it to Christchurch with this Anathema annexed against the infringers of this grant If any shall presume to violate it on the behalf of God and of us Kings Bishops Abbots and all Christians let him be separated from God and bet his portion be with the Devil and his Angols Polydor Virgil records that King Athelwulfe in the year 847. going in pilgrimage to Rome repaired the English School there lately burned down and in imitation of King Ina made that part of his Kingdom which Egbert his Father had added Tributary towards it Legeque sancivit and enacted by a Law made in a Parliamentary Council that those who received 30 pence rent every year out of their possessions or had more houses should pay for those houses they inhabited every of them a penny a peece to the Pope for the maintenance of this School at the Feast of Peter and Paul or at least of St. Peters bonds which Law some writes he though falsely ascribr to his Son Alfred which act others refer to the years 855 or 857 and that more truly Abbot Ingulphus in his Hist of the Abby of Croyland records that Bertulf usurping the Crown by the treacherous murder of his Cosen St. Westan tantà ferebatur ad regnandum ambitione passing by the Abbey of â—royland most wickedly and violently took away all the Jewels Pâ—ate and ornaments of the Church which his Brother Withlasins and other Kings had given to it together with all the mony he could find in the Monastery and hiring Souldiers therewith against the Danes then wasting the Country about London he was vanquished and put to slight by the Paâ—ans Whereupon this King soon after holding a great Council at Benningdon An. 850. with the Prelates and Nobles of his whole Realm of Mercia there assembled about the Danes invasions how to raiâ—e â—orces and monies to resist them as is most probable by 〈◊〉 Historians Abbot Siward and the Monks of Croy land therein complained before them all by Askillus then fellow Monk of certain injuries malitiously doâ—e unto them by their Adversaries who lying in wat in the uttermost banks of their Rivers did seise upon their servants being such as fled thither for Sanctuary in case at any time they went out of their precincts never so little way either to fish or bring back their stragling Sheep Oxen or other Cattle as infringers of their Sanctuary and subjected them to the publick Laws to their condemnation and destruction to the great dammage of the Abbey by the loss of their service Of which complaint the King and all the Council being very sensible and
That this King and Council in those times of Invasion and necessity were so far from 〈…〉 away the Lands and Tithes of the Church for 〈…〉 of the Realm or from imposing new unusual 〈…〉 and Contributions on the Clergy for thaâ— end thaâ— they granted them more Lands and Tithes than formerly and exempted them from all former ordinary Taxes and Contributions that they might more cheerfully and frequently pour forth prayers to God for them as the best means of defence and security against these forein inâ—ading enemies Mr. Selden recites another Charter of this King of the same year different from it in month and place out of the Chartularies of Abbington Abbey to the same effect made by Parliamentary consent of that time per consilium sâ—â—ubre cum Episcopis Comâ—â—bus ac cunctis Optimatibus mois which Charter is subscribed by this King and his two Sons with some Bishops and Abbots ratified with their signs of the Cross and this annexed curse Si quis vero minuere vel mutare nostram donationem praesumpserit noscat se ante tribunal Christi redditurum rationem nisi prius satisfactione omendaverit usual in such Charters After which this King going to Rome carried Alfred his youngest Son thither with him whom he most loved to be educated by Pope Leo where continuing a year he caused him to be crowned King by the Pope and returning into his Country married Judith the King of France his Daughter bringing Alfred and her with him into England In the Kings absence in forein parts Alstan Bishop of Sherburne Eandulfe Earl of Somerset and certain other Nobles making a Conspiracie with Ethelbald the Kings eldest Son concluded he should never be received into the Kingdom upon his return from Rome for two Causes One for that he had caused his youngest son Alfred to be crowned King as Rome excluding thereby as it were his eldest Son and others from the Right of the Kingdom Another for that contemning all the women of England he had married thâ— Daughter of the King of France an alien et contra morem et Statuta Regum West-Saxonum â—nd against the use and Statutes of the Kings of the West-Saxons called Judith the King of France his Daughter whom he lately â—spoused Queen and caused her to sit by his side at the Table as he easted For the West-Saxons permitted not the Kings Wife to sit by the King at the Table nor yet to be called Queen but the Kings Wife Which Infamy arose â—â—om Eadburga Daughter of King Offa Queen of the same Natâ—on who destroyed her Husband King Brithrâ—…c with poison and sitting by the King was wont to accuse all the Nobles of the Realm to him who thereupon deprived them of life or banished them the Realm whom she câ—uld not accuse she used to kill wâ—th poison Therefore for this mis-doing of the Queen they all conjured and swore that they would never permit a King to reign over them who should be guilty in the premises Wâ—…e eupon King Aethelulfe returning peaceably â—rom Rome his Son Aethelbald with his Complices attempted to bring their conceived wickedness to effect in excluding him from his own Realm and Crown But Almighty God would not permit it for lest peradventure a more than civil war should arise between the Father and the Son the Conspiracie of all the Bishops and Nobles ceased though the King Clemency who divided the Kingdom of the West-Saxons formerly undivided with his Son so that the East paâ—t of the Realm should go to his Son Ethelbald and the West-part remain to the Father And when tota Regni Nobiliras all the Nobility of the Realm and the whole Nation of the West-Saxers would have fought for the King thrust his Son Etheibald from the right of the Kingdom and 〈…〉 him and â—is Complices out of the Realm qui tantum facinus perpetrare ausi sunt Regem à regno â—…epeâ—â—erent which Wigorniensis Anno 855. â—il Facinus et inauditum omnibus saeculis ante infortunium if the Father would have permitted them to do it He out of the nobleness of his mind satisfied his Sons desire so that where the Father ought to have reigned by the just judgement of God there the obstinate and wicked Son reigned This King Aethelulfe before the death of Egbert his father was ordained Bishop of Winchester but his Father dying he was made King by the Prelates Nobles and People much against his will cum non esset alius de Regio genere qui regnare debuisset because there was none other of the Royal Race who ought to reign Haeredibus aliis deficientibus postmodum necessitate compulsus gubernacula Regm in se suscepit as Bromton and others expresse it At his death Anno 857. he did by his will lest his Sons should fall out between themselves after his decease give the kingdom of Kent with Sussex and Essex to Ethelbert his second son and left the kingdom of the West-Saxons to his eldest son Aethelbald then he devised certain sums of Money to his Daughter Kindred Nobles and a constant annuity for ever for meat drink and cloths to one poor man or pilgrim out of every 10 Hides of his Land 300 marks of mony to be sent yearly to Rome to be spent there in Oyl for Lamps Almes which sums I never find paid by his Successors as he prescribed by his Will and Charter too because not confirmed by his great Parliamentary Councils of Prelates and Nobles as his forcited Charter and Peter-pence likewise granted by him were upon this occasion âs some record that he being in Rome and seeing there out lawed men doing penance in bonds of Iron purchased of the Pope that Englishmen after that time should never onâ— of their Country do penance in Bonds About the year of our Lord 867. Osbrith King of Northumberland as Bromton records residing at York as he returned from hunting went into the house of one of his Nobles called Bruern Bocard to eat who was then gone to the Sea-coasts to defend it the Ports against Theeves and Pirates as he was accustomed His Lady being extraordinarily beautifull entertained him very honorably at dinner The K. enamored with her beauty after dinner taking her by the hand leads her into her Chamber saying he would speak with her in private and there violently ravished her against her will which done he presently returned to York but the Lady abode at her house weeping and lamenting the deeds of the King whereby she lost her former colour and beauty Her Husband returning and finding her in this sad condition inquired the cause thereof where with she fully acquainting him he thereupon cheered her up with comsortable words saying that he would not love her the lesse for it since her weakness was unable to resist the Kings power and vowed by Gods assistance speedily to avenge himself her of the King for this indignity
conservantibus salutem sempiternam in Domino nostro Jesu Christo Quoniam peccatis nostris exigentibus manum Domini super nos extensum quotidiè cum virgâ ferreâ cernimus cervicibus nostris imminere Necessarium nobis salubre arbitror piis sanctae matris ecclesiae precibus Eleemosynarumque liberis largitionibus iratum Dominum placatum reddere et dignis devotionibus ejus gratiam in nostris necessitatibus auxiliariam implorare Ideoque et ad petitionem strenui Comitis mihi meritoque dilectissimi concessi regio Chirographo meo Theodoro Abbati Croyland Tam donum dicti Comitis Algari quam dona aliorum fidelium praeterit orum ac praesentium c. And it concludes thus Istud Regium Chirographum meum Anno Incarnationis Domini nostri Jesu Christi 868. Calendis Augusti apud Snothingham coram fratribus amicis omni populo meo in obsidione Paganorum congregatis sanctae crucis munimine confirmavi Then follow the subscriptions and confirmations of Ceolnoth Archbishop of Canterbury 5 Bishops 3 Abbots Ethelred king of West-Saxons and Alfred his Brother Edmund kingof East-Angle 2 Dukes and twelve Earls who all ratified this Charter After which Charter confirmed this king Beorred renders special thanks to all his Army for their assistance against the Danes especially to the Bishops Abbots and other inferior Ecclesiastical Persons for their voluntary assistance of him in those wars against these Enemies norwithstanding his Fathers exemption of them by his Charter from all military expeditions and secular services thus recorded by Ingulphus and most worthy observation Ego Beorredus Rex Merciorum Intimo animi affectu totisque praecordiis gratias exolvo speciales omni exercitui meo maximè tamen Viris Ecclesiasticis Episcopis Abbatibus aliis etiam inferioribus status dignitatis Qui licèt piissimae memoriae Rex quondam Ethelwulfus pater meus per sacratissimam Chartam suam â—ab omni expeditione militari vos liberos reddiderit ab omni servitio saeculari penitus absolutos dignissâ—mâ tamen miseratione super oppressiones Christianae plebis Ecclesiarumque Monasteriorum destructiones luctuosas benignissimè compassi contra nefandissimos Paganos in exercitum domini prompti spontanei convenistis ut tanquam Martyres Christi cultus sanguine vestro augeatur barbarorum superstitiosa crudelitas effugetur From these last Passages it is apparent first That in those days our Saxon Kings made War and Peace by the advice and consent of their Nobles and Parliamentary great Councils 2ly That in cases of common invasion and danger by forein Enemies all the forces raised and ways and means to resist them were concluded on by advice and consent of these great Councils and not by the kings absolute power 3ly That all or most Church-men and their Church-lands in those days were absolutely freed and discharged from all military expeditions Contributions Aids and Assistance against Enemies by express Charters but only such as themselves voluntarily and freely contributed in cases of incumbent great Danger and Necessity without compulsion for which their kings rendred them special and hearty thanks acknowledging and confirming these their Immunities not violating them upon such Necessities as this Notable passage of Ingulphus attests together with that of Mat. West An. 867. Concerning Alstan Bishop of Sherborne a man of very great Power and Counsel in the Realm Contra Danos quoque qui tunc primò insulam infestabant Regis Aethelulfi saevitiam exacuit Ipse ex fisco pecuniam accipiens ipse excercitum componens Martiis felix eventibus contra hostes bella plurima constanter peregit receiving Mony out of the Kings Exchequer not the Peoples Purses or Conrributions to manage these Wars and not warring on his own expences 4ly That the Nobles Gentry and People of the Realm were the only standing Militia in that Age to defend it against forein Enemies in times of danger or actual invasion when they marched out of their own Counries against them voluntarily and freely adventuring their lives for defence of their King Country Religion Liberties Properties as they did at this siege of Nottingham and during all the long-lasting Danish Wars Invasions and Depredations both by Land and Sea 5ly That our Christian Kings Nobles and great Councils of those days in times of greatest danger Invasion and Wars held it most seasonable and necessary to confirm and enlarge the Churches Patrimony Liberties and Privileges thereby to stir up their Clergy-men more earnestly to assist them with their Prayers not to diminish invade or infringe them under pretext of Real inevitable necessary and danger the practice of late and present times Whereupon they granted and confirmed this forecited Charter in the very Armie during the siege of Notingham before all the Kings Princes Prelates Dukes Earls and people there present In the year 870. Inguar and Hubba with the rest of the Danes comming into Kesteven in Lincoln-shire wasting and slaying all the Country with fire and sword thereupon Earl Algarus Osgot Sheriff of Lincoln and all the Gentry and People in those parts with the Band of the Abby of Croyland under the Command of Tâ—… a Monk formerly a Souldier consisting of 200 stout men most of them Fugitives thither for Sanctuary uniting all their forces together in Kesteven on the Feast of St. Maurice fought with the Danes and slew 3 of their Kings with a great multitude of their forces That night the other Danish Kings dispersed abroad to pillage the Country with a great booty many captains coming to the tents of their routed Companions with a numerous Army were inraged with the slaughter of their Confederates in their absence Whereupon most of the English secretly fled away from the Earl and their Captains in the night through fear who early in the morning having heard divine Offices and receiving the Sacrament resolved not to retreat but manfully to fight with the Danes though not above 700 to their many thousands being most ready to die for the defence of the faith of Christ and of their Country Whereupon the Danes assailing them with great multitudes and fury they all standing and fighting close together valiantly susteined their assaults from morning till evening without giving ground Upon which the Danes to sever them purposely feigned a Flight and began to leave the Field Hereupon the English contrary to the commands of their Captains dissolving their Ranks and dispersing themselves to pursue the Danes they suddenly returned and slew most of the English who fought gallantly with them to the last gasp some few of them only escaping After which the Danes marching to the Abby of Croyland put the Abbot with all the Monks and Persons they there found one Child excepted to the Sword after they had extremely tortured them to discover where their Treasures were broke up all the Tombs pillaged and burnt the Abby with all the Edifices thereof leaving it a meer ruinous heap then
procured the English School to be fréed from all Taxes and Tributes by the Popes special Bull. And we never read he imposed the least publick Tax upon his Subjects during all his wars and Exigences by his own Regal Power upon any pretext pell the Enemies whereby the Common people were so incouraged and became such good Souldiers that if they heard of the Enemies approach they would fight and rout them Rege etiam Ducibus inconsultis in certamen ruerent eisque semper numero scientia praeliandi praesâ—arent ita hostes contemptui militibus Regi risâ—i erant as Malmesbury writes The Country people themselves fighting with the Danes at Ligetune put them to â—light recovered all the prey they had taken and likewise the Danes Horses as they likewise did in some other parts Amongst other places this King reâ—aired the walls of Colchester put warlike men in it certum eis stipendium assignavit and assigned them a certain stipend as Mat Westm records neither he noâ— other our Historians making mention of assigned wages to any other Garrisons or Souldiers in that age At last the Danes in most places throughout England perceiving King Edwards power and wisdom submitted themselves unto him elected him for their King and Patron and swore homage and fealty to him as likewise did the Kings of Scotland Northumberland and Wales In the year of Grace 905. This King Edward assembled a Synod of the Senators of the English Nation as Malmesbury or a great Council of Bishops Abbots and faithfull people as Matthew Westminster and others stile it in the Province of the Gewisii which by reason of the Enemies incursions had been destitute of a Bishop for 7 years space Whereupon the King and Bishops in this Council taking good advice made this a holsom constitution That instead of 2 Bishops whereof one had his Sea at Winchester the other at Schireburn 5 Bishops should be created ne Grex Domini absque cura Pastorali luporum incursionibus quateretur Whereupon they in this Council elected 5 Bishops to wit Frithstan for Winchester Athelin for Schireburn Aedulfe for Wells Werstan for Crideton and Herstan for Cornwal assigning them their several Sees and Diocess and two other Bishops for Dorchester and Cirencester all consecrated by Archbishop Plegmond at Canterbury in one day Wil. of Malmesb. and some others write that this Council was summoned upon the Letter of Pope â—ormosus who excommunicated king Edward with all his Subjects for suffering the Bishopricks of Winton and Scireburn to be void for 7 years space together But this must needs be a great mistake since Pope â—ormosus was dead ten years before this Council and before these Bishopricks became void and his pretended Epistle to the Bishops of England makes no mention at all of the king as Sir Henry Spelman well observes In the year 906. king Edward made a Peace and firm agreement with the Danes of Northumberland and East-England at Intingford when as some think he and 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 Aegelâ—led 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 yeat 921. the king of Scots with all 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 And therefore I conjecture that Gnthurnus 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 judicabat 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 in 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 eurans an utilitèr vel inutilitèr Quan an justè vel injustè Writes Henry Huntingdon which innrious action Si violanda sit fides regni causâ 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 govetn 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 judicia judicent quam rectiora possint Et in judiciaâ—t Libro stant nec parcant nec dissimulent pro anqua
Re Populi Rectum et jus publicum recitate et unum quodque 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 Wtse 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 eo rum melior esse possit quà m ante à fuit quia visumest ei quod hoc impletum sit aliter quam deceret et quam ante à praecepisset Inquisivit itaque qui ad emendationem velint redire et in societate permanere 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 similitèr 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 Brothet Edwin being legitimate and next heir as they pretended whom the Generality of the Nobles rejected nondum ad regnandum propter teneros Annos Idoneo Aethelstan after his Coronation knowing his Brother to be born in lawfull Matrimony and fearing Ne per ipsum quandoque Regni solio privaretur lest he should be some time or other deprived of his kingdom by him hated him extremely and at the sollicitation of some Parasites whereof his Cup-bearer was the chief to be rid of him and this his fear he caused young Edwin attended only with one Page to be put into an old broken Boat in the midst of the Sea without Sail Oare or Pilate that so his death might be imputed to the waves out off which Boat the young Prince in discontent cast himself head-long into the Sea or rather the Page threw him head-long over-board and so was he drowned But the Page recovering his body by rowing with his hands and feet brought it to Land where it was interred The King was hereat so troubed with a real or feigned contrition for this barbarous bloudy fact that he did seven years voluntary penance for this his fratricide and adjudged his Cup-bearer to a cruel death who gave him this ill advice and to pacifie his Brothers Ghost and his own Conscience built two new Monasteries at Middleton and Michelresse and there was scarce any old Monastery in England which he adorned not either with buildings or Ornaments or Books or Lands to expiate this his bloody crime In this king Aethelstans reign In the year 927. There were fiery Beams and Meteors seen throughout all the Northern parts of England soon after which Athelstan resolved utterly to extirpate the perfidious Nation of the Danes and treacherous Scots which had violated their Agreement made with his Father whereupon he marched with a great Army by Land and Navy by Sea into Northumberland and Scotland wasted and harrowed the Country without resistance forced Guithfrith King of Northumberland out of his kingdom uniting it to his own Realm vanquished and overcame Howel king of Wales Constantine king of Scots Anlafe the Dane and others in a set battel drove them out of their Realms and forced them to submit to him Who upon their submission knowing the chance of war to be variable and pitying the Cases of these down-cast Princes restor'd them presently to their former estates with this Princely Speech That it was more honour to make a King than to be a King yet these petty Kings Princes rebelling afterwards siding with Anlafe against him were all routed by Athelstane King Constantine of Scotland with five more of these Kings 12 Dukes and most of their Army slain in one battel principally by the valor of Turketulus and the Londoners An. 837 Whereupon the petty Kings of Wales contracted to pay him a yearly tribute of 20 pound weight of Gold and 300 of Silver and 25000 head of Cattel with a certain number of Hawks and Hounds which no King of England ever exacted or received from them before William of Malmeshury who exceeds in his praises writes that it was truly reported of him amongst the English Quod nemo Legalius vel literatius rempublicam administraverit That no king governed the Commonwealâ—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 proâ—â—und judgement whose decrees upon debate were irrefragâ—ble This king Athelstan for the better administration of Justice enacted sundry excellent civil and ecclesiastical Laws recorded in Bromt. Lamb. Spelm. The first of these his Laws were made and enacted in the famous Council of Grately about the year 928 in which the king himself Wulfehelm Arch-bishop of Cante bâ—ry 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 Counâ—il as the last Chapter there oâ— informs us in these words Totum hoc institutum est et confirmatum In magno Synodo apud Grateleyam câ—i Archiepiscopus Wolâ—â—nus â—eâ—… et omnes Optimates et Sapientes quos Adelstanus Rex potuit Congregare Oâ— Cum Optimates et Sapientes ab Aethelstano evocaâ—â— frequentissimi as another Copy renders it which proves that all the Members of this Council were summoned to it by this kings writ and not elected by the peoples suffrages And although the Archbishops Bishops and other Clergy men were the chief advisers of the Ecclesiastical Lâ—ws made in this Council as this Prologue to them attests Ego Aethelstanus Rex ex prudenti Ulfnelmae Archiepiscopi aliorumque Episcoporum et Servorum Dei consilio mando yet they were all enacted and confirmed by all the Nobles and Wisemen in the Council as the premises evidence In this Council the king commanded by his Laws all his Officers that they should demand and exact from his Subjects such things and duties only as they might justly and lawfully receive adding this memorable reason for it Nunquam enim erit populo bene consultum nec digne
frequently accused to him but especially for countenancing and harbouring the rebellious perjured Northumberlanders and the Danes a Heathen people who not only sought to destroy his Native Country but also to root out Christian Religion for which he deserved a thousand deaths and exciting them both against his Soveraign King Edred contrary to their Oath and for killing the Citizens of Thetford in a tumultuous manner in revenge of the death of Abbot Adelm whom they had causelesly murdered Norwithstanding all which about a year after he was enlarged and restored to his Bishoprick Malmesbury and Abbot Ethelred record of king Edred that he made his Palace altogether a School of Virtues obeying Dunstans Counsels in all things et Justissimis Legibus subditos Regens and governed his Subjects by most just Laws I read only of one Great Parliamentary Council held under King Edred and that was at London in the year 948. in the Feast of the Virgin Maries Nativity Cui Universi Magnates Regni per Regium edictum Summoniti tà m Archiepiscopi Episcopi Abbates quam Caeteri totius Regni Proceres Optimates Londini convenissent ad tractandum de negotiis publicis totius Regni as Ingulphus and others record In which Parliamentary Council when all the publike affairs were finished which as it seems concerned the making and carrying on of that war against the Rebellious Treacherous Northumberlanders who brake their faith with King Edred and set up a King of the Danish race as aforesaid the King in the presence and by the consent of them all restored granted and re-confirmed by his Charter dictated by Abbot Turketulus hererofore his Chancellour all the Lands and Liberties formerly granted by Kings and others to the Abbey of Croyland with sundry Mannors then given to it by Turketulus himself wherein amongst other Liberties he granted to the Monks quodsint quieti soluti ab omni Scotto Geldo auxiliis Vicecomitum Hydagio ab Secta in Schiris Wapuntakis Hundredis Thrichingis omnibus omnibus aliis curis saeculi oneribus universis This Charter was subscribed and ratified with the sign of the Cross by all the Archbishops Bishops Abbots aâ—d Nobles who gave both their Counsels and Assents thereto as their subscriptiens testifie that so it might be firm and perpetual In the beginning of which Charter this King to shew that he held his Crown only from and under God thus stiles himself Ego Edredus Rex terrenus sub imperiali potentia Regis saeculorum aeternâ—que Principis Magnae Britanniae gerens Imperium c. About the year of Christ 950 Nogui a Welsh King being overmuch incensed with one Arcoit wasted his Lands and with too much fury violated the Sanctuary to which he fled Whereupon Pater Bishop of Landaffe assembled all the Clerks of his Diocess in a Synod to punish this Sacrilege and breach of Sanctuary Which the King hearing of desired pardon of the Bishop and whole Synod for these offences in the Church of Mainnon restoring all the things of the Church he had taken away with satisfaction and effusion of Tears Whereupon to obtain pardon and absolution for the penance they enjoyned him he gave the parish of Guidcon with all the Lands Liberties and Commons appertaining there unto to God and the Bishops of Landaffe for ever to be held in Frankalmoighne Some five years after Anno 955. Ily a Deacon slaying one Merduter and flying into a Church for Sanctuary there upon his kinsfolk and some of king Nogui his family forcibly entring into the Church flew Ili before the Altar sprinkling his blood both upon the Altar and Walls of the Church Whereupon Pater Bishop of Landaffe assembled a Synod of all the Priests Deacons and Ecclesiastical persons within his Diocess to excommunicate the Delinquents which King Nogui and his Nobles hearing of fearing the Malediction of the Church the weight whereof they durst not undergoe sent for the Bishop and upon consultation by advice of the Doctors of both sides delivered up the Murderers into the Bishops hands who sent them to the Monastery of St. Teliavi where they were kept 6 Moneths in Iron Chains After which they were excommunicated Synodo quoque Judicante definitum est unusquisque eorum suum agrum suamque totam substantiam insuper pretium animae suae id est septem Libras Argenti redderet Ecclesiae quam maculaverat determinantibus omnibus Divino Judicio c. The Bishop rising up in the midst of them holding the Gospel in his hand said to Nogui lay thy hand upon this Gospel Whereupon Nogui laying his hand upon it said Sit haec terra cum incolis suis in sempiterna consecratione Deo c. Patri Episcopo omnibus Episcopis Landaviae Libera ab omni Laicali servitio nisi tantum in oratione quotidianâ in perpetuo It seems the petty Welsh Kings and their Courtiers were all subject in those dayes to the Censures and excommunications of their Synods for their Sacrilege and other unrighteous Actions infringing the Churches Liberties That their Synods had a Judiciary Power and that they could not convey Lands to the Church but by the Consent and Judgement of their Synods which attested and ratified the same as you may read in Spelman Who likewise informs us of another Welsh Synod held at Landaffe about the year 988. wherein Arithmail Son of Nogui King of Guenti slaying his Brother Elised was for this execrable Fratricide excommunicated by Gucan Bishop of Landaffe and all the Synod who thereupon submitting to the penance therein enjoyned him gave certain Lands for ever in Frankalmoighne to God and all the Bishops of Landaffe to purchase his absolution King Edred deceasing to the great grief of all his Sub ects his Nephew Edwin formerly put by the Crown for his Nonage was thereupon though young crowned King at Kingston by Archbishop Odo An. 955. but in the second year of his reign 957. the Mercians and Northumberians wholly cast off their obedience to him and conspiring alltogether by unanimous consent rejecting him from being their King elected his Brother Edgar for their Sovereign Lord Deo dictante annuente populo VVhereupon the kingdom was divided between them by the bounds of the River of Thames VVhat was the true Cause of this deposition and rejection of Edwin is very doubtfull William of Malmesbury Hovedeu Matthew Westminster Dunelmensis Bromton Henry de Knighton Abbot Ethelred Hygden Florence of Worcester and most of our old Historians being Monks and over-much devoted to their Arch-Patron Dunstan record That the true Causes thereof were First His ill lascivious Life and Incontinency with Alfgiva his Concubine as they write and near kinsâ—oman from whom Archbishop Odo divorced him and likewise with sundry other Concubines which he entertained in his Court whom Odo excommunicated and banished thence 2. His Indiscret and Tyrannical Gvernment contrary to his Laws 1. In slighting depressing and
quod contra nostrum deliquit decretum The same year King Edgar by his regal Charter recorded at large by Abbot Ingulphus confirmed all the Lands and Privileges of the Abby of Croyland formerly granteâ— and confirmed to them by King Edred and his Nobles in the presence of both the Archbishops 〈…〉 Bishops anâ—… Nobles assembled in a Council at London who raâ—… it wiâ—h their â—ubâ—câ—ipâ—ions the â—â—gn of the Cross and a solemn excommunication denounced by the two Archbishops and three Bishops more in Pauls Church London in the presence of King Edgar hiâ— Prelates and Nobles in Octavis Pentecostes against all Infringers of this Chaâ—ter and of their Liberties About the year 967 as some or 969. as others compute King Edgar in a Great Senate or Council by advise of his Wisemen enacted divers civil Ecclesiastical Laws and Canons for the Government of the Stâ—… Church thus prefaced Leges quas â—or hoc est Institutum quod Edgarns Rex freqenti Senatu Consilio Sapientum snorum 〈…〉 gloriam 〈…〉 ornâ—… et Reipublicae utilitatem sancivit or constituit The 7 and 8 of his secular Lawâ— in the Latâ—… â—â—r 1 2 3. in the Saxon Copy I shall only transcribe Hoc est institutio secularis quam volo per omnia â—eneâ—i Voloâ— omnis homo sit dignus juris publiet 〈…〉 quicunque â—it et eiâ— justa judicia judicentur Et â—it in emendationibus remâ—… vemaâ—is apud Deum Et apud seculum tolerabiâ—is Et nemo requiret Regem pro aliqua causa niâ—i domi negatur ei omne dignum recti vel rectum impetrare non possit Et de nulla emendabili re foris faciat homo plusquam Weram suam agreeable to our Kings Coronation oath and Magna Charta Et judex qui injustum judicium judicabit alicui det Regi Cxx s. nisi jurare audeat quod â—ectius judicare nescivit Et qui aliquem injuste superdicere praesumat Unde vita vel commodo pejor sit linguae suae reus erit c. Anno 969. there was a general Council assembled at London by king Edgar at the instigation of Pope Iohn and Archbishop Dunstan wherein as I conceive the King made that elegant Oration against the vicious lives of the Clergy thus expressing his own duty and supremacy over all Persons and causes both Civill and Ecclesiastical Justum proinde est ut qui omnia subjecit sub pedibus nostriâ— subjiciamus illi et Nos et animas nostraâ— et ut hi quos nobis subdidit ejus subdantur Legibus non segniter elaboremus Et meae quidem inâ—ereâ—… Laicos cum aequitatis fure tractare inter virum et proximum suum justum judicium facere punire sacrilegos rebelles supprimere eripere â—…opem de manusortiorum ejus egenum et paâ—perem à deripientibus eum Sed et meae â—ollicitudinis est Ecclesiarum Ministris c. et necessaria procurare et paci eorum et quieti consulere De quorum omnium moribus ad Noâ— spectat examen si vivunt continenter si honeste se habent ad eosqui foris sunt si in divinis officiis solliciti si in Docendo populo assidui si victu sobrii si moderati habitu si in judiciis sunt discreti c. Ego Constantini vos Petri gladium habetis in manibus jungamus dextras gladium gladio copuâ—emus ut ejiciantur â—extra castra leprosi ut purgeâ—ur sanctuarium Domini et ministrâ—nt in Templo silii Levi c. After which directing his speech to Dunstan Aethelwald and Oswald he concludes thus Vobis istud committo negotium â—t Episcopali censura et authoritate Regia turpiter viventes de Ecclesiis ejiciantur ordinatè viventes introducantur Herupon there was a Decree made in this General Council That all Canons Priests Deacons and Sub-Deacons should live chastly that is put away their lawfull Wives vow chastity and become Monks or relinquish the Churches they then held The execution whereof was committed to Oswald and Ethelwald Who thereupon compelled the Clergy in Worcester Winchester and other Churches to become Monks renuentes verò ab omni beneficio spoliarunt depriving those who refused of all their Benefices and putting Monks into them qui novo quidem splendore vniversam Insulam illustrarunt as our Monkish Writers record or rather novo foetore contaminarunt as others write John Bromton informs us that after the slaughter of the Nuns of Ely by Inguar and Hubba the secular Priests enjoyed that Monaâ—â—erâ— one hundred years space whom King Edgar de Concilio beati Dunstani Archiepiscopi dicti Ethelwardi aâ— mâ—gnatum Regni in the forementioned General Council expulit fugavit for their dishonest conversation Bishop Oswald having ejected the married secular Priests out of his Church at Worcester and introduced Monks in their places did this year 969. as I conjecture from the premises not 964. as Sir Henry Spelman computes it â—â—ocure King Edgar by the Counsel and assent of his Princes Nobles and Bishops most probably in the forementioned General Council or that of London next ensuing to ratifie this their ejection and confirm the Church of Worcester with all the lands goods ecclesiastical secular things thereto belonging to the Monks of that Church for ever free from all secular services and exactions hard or easie and from all fiscal duties great and small known or unknown as well of the King or Prince as of their Officers exceptis Arcis Pontis extructione et expeditione edntra hoâ—stem And that by the special Charter called Oswald Law subscribed by the King Queen both the Archbishops and 3 Dukes King Edgar Anno 970. or 971. in the 12 â—ear of his reign held another Parliamentary Council at London where himself his Mother Alfgina Prince Edward his Son Kined King of Scots Mascusius his Admiral both the Ahchbishops with the rest of the Bishops and all the Nobles and great men of the Realm were present By his Charters made in and ratified by this Council this King granted and confirmed many and very magnificent Privileges to the Monastery of Glastonbury communi Episcoporum Abbatum Principuâ—â—que concilio et generali assensu Pontificum Abbatum Optimatumque suorum exempting the Monastery and Monks thereof not only from all Episcopal Jurisdiction but likewise all their Lands from all Tributes and Exchequer businesses for ever Granting them Socam Sacam c. Toll Teame Italibere et quiete sicut ego habeo in regno meo Eandem quoque Libertatem Potestatem quam ego in Curia mea habeo tam in demittendo quam in puniendo in quibuslibet omnino negotiis Abbas Monachi praefati Monasterii in Curia sua habeant And which is a Privilege beyond all president Si autem Abbas vel quilibet Monachus loci illius latronem qui ad suspendium vel quodlibet mortis
periculum ducitâ—â— in itinere obvium habuerit potestatem habeat eripiendi eum ab imminen i periculo in toto Regno meo The old Charter begins thus In nomine Domini nostri Jesu Christi Quamvis Decreta Pontificum verba Sacerdotum inconvulsis ligaminibus velut fundamenta montium fixa sunt tamen plerumque tempestatibus turbinibus saecularium rerum Religio sanctae Ecclesiae maculis reproborum dissipatur ac â—…itur Iccirco profuâ—… succedentibus posteris esse decrevimus ut ea quae salubri Consilio et communi assensu definiuntur nostris literis roborata firmentur c. Hoc itaque Dunstano Doroberniensi at que Oswaldo Eboracensi Episcopo adhortantibus consentiente etiamer annuente Brithelmo Fontanensi Episcopo caeterisque Episcopis Abbatibus et Primatibus Ego Edgar divina dâ—â—poâ—…one Rex Anglorum c. And it concludes thus Acta est haec Privilegii â—aginâ— confirmata apud Londonium Communi Concilio omnium Primatum meorum Then follow the subscriptions of King Egar Alfgina his Mother Prince Edward Kinred King of Scots Mascusius the chief Admiral both the Archbishops 6 Bishops 8 Abbots 3 Dukes and other Officers Which Charter and Privileges at the Kings request were ratified by Pope John the 13 in a general Council at Rome Anno Dom. 971. by a special Bull that they might remain inviolable yet both the Abbey it self Lands Privileges are long since demolished dissipated annihilated such is the mutabiliunity of all sublunary things The self same year Anno 970. King Edgar by his Charter granted and confirmed sundry Lands and Privileges to the Monastery of Medeshamsted formerly demolished by the Danes which Bishop Aethelwold had repaired and named Burgh perpetually exempting it from all Episcopal jurisdiction yoak and exaction Quatenus nec Rex nec Comes nec Episcopus praeter Christianâ—â—atem attinentium Parochiarum nec vicecomes nec ulla alia major minorve persona ulla dominatione occupari praesumat excepta moderata expeditione Pontis Arcisve constructione VVhich Charter was ratified by the kings own subscription both the Archbishops sundry Bishops Abbots Dukes and other chief Officers and the sign of the Cross after each of their Names In the year 973. King Edgar after his seven years penance expired on the Feast of Pentecost in the 30th year of his age was solemnly Crowned and consecrated King and wore his Crown with great glory at Akemancester alias Bath both the Archbishops Dunstan and Oswald with all the rest of the Bishops of England ac Magnatibus universis and all the Nobles being there preâ—ent at his Coronation and received the accustomed Gifts usually given to the Nobles being at such inaugurations Soon after the same year this King with a very great Fleet and Army sayling round about the Northern parts of England came to Westchester where his eight tributary Kings or Vice-royes namely Kyneth king of Scots Malcome King of Cumberland Marcus king of Man and many other Ilands and the other 5 kings of Wales Dufnall Siferth Howel Iames and Iuchill met him as he had commanded them and swore alleâ—i nce to him in these words That they would be faithfull and assisting to him both by Land and Sea Which done he on a certain day entred with 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. John Bapist on the other side all his Dukes and Nobles following 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 entred he said to his Nobles That any of his Successors might then say he was King of England when with so many Kings following and subject to him he should enjoy the Prerogative of the like pompe and power But Mr. Fox subjoyns In my mind this king had said much better God forbid that I should glory in any thing but in the Cross of our Lord Jesus 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 host is insaniens sed ut Rex malo mala puniens The same year as Malmesbury Ingulphus 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 monastery which the secular Priests formerly enjoyed and had leased 〈◊〉 that upon a full hearing before the Wise-men Bishops others in his presence most likely in a Parliamentary Council as this clause in his Charter intimates Haec a praedictis accommodata Clericis a contensioso possessa est Edebnoto sed superstitiosa subtilique ejus disceptatione aSapientibns meis audita et conflictatione illius mendosa ab eisdem me praesente convicta Monasteriali a me reaâ— â—a 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 Council and this Charter therein made and ratified with the subscriptions of the Kings Arch-bishops Bishops Abbots and Dukes thereto annexed according to the custome of that age Although King Edgar in his younger daies was subject to many Vices and committed some injurious Tyrannical Acts 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 politique Government worâ—hy perpetual memory and immitation So excellent was he in Justice 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 maintained and the just and modest he loved the learned and virtuous he encouraged He would suffer no man of what degree or quality soever he were to elude or violate his Laws without condigne punishment In his time there was neither any private Pilferer nor publike Theef but he that in stealing other mens Goods would venture and suffer as he was sure the loss of his own Goods and
Prisoners almost all the Inhabitants thereof after which they insested 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 and 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 treacherously 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 Elfredae 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 Shafisbury-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 Land and Sea contemned deserted and frequently betrayed by his own Counsellers Nobles Commanders Souldiers Subjects forced out of the Realm with his Queen children by the conquering Danes all living like exiles in forein parts dying at last neither lamented nor desired Some of his Sons after his death were treacherously murthered as Edmund Ironside by his own Brother-in-law and Ethelred his Son-in-law Duke Edert all his posterity renounced by the English and the Danes preferred before them banished betrayed devoted to ruine by the usurping Danes and his own temporizing English Prelates and Nobles Of which more fully hereafter Take but this brief Character of his unhappy reign out of William of Malmsbury and Henry de Knyghton Ethelredus post occisionem fratris sui Edwardi in Regem levatus 38. annis reguum potius obsidit quam rexit Nam vitae suae cursus saevus et infaustus fuit in principio miser in medio et fine turpis et reprobus Iste tenuit Regnum in magna angustia Nes mirum quia sic felonice et injuste intrusus est in Regnum Rex suorum per fidia Ducum avito ex terris solio et opis egens alienae in cujus manu aliorum solebat salus pendere E Normannia accercitus Londoniae agebat propter proditores nunquam procedens ubi animam laboribus et miseriis natam efflavit Post cujus mortem Proceres Regni cum Clero stirpem ejus abhorrentes Canutum recognoverunt Regem suum fore All which calamities fell upon these Regicides Traytors and the whole English Nation as our Historians observe for the murder of their lawfull Soveraign And have we not all now just cause to fear the very like or some sorer Judgements for the selfsame crying Sin and other transcendent bloudy traiterous violences oppressions of all kinds farr exceeding this and all others in former ages But to proceed from these Generals to the most observable particulars during his reign Anno Dom. 980. being the second year of King Ethelreds reign the Danes began their invasion and persecution of the English wasting depopulating with fire and sword Southampton Chester the Isle of Teneth Cornwall Devonshire and other places continuing their depredations sundry years after till they became Lords and Masters both of the Crown and Realm All our Historians record that the sins of the English Nation especially their Treason and Treachery against their innocent murdered Soveraign were the original cause of this Danish invasion and most fatal Judgement to which Bishop Lupus in his Oration subjoyns these other sins pertinent to my Theam of which I fear our Nation is now fart more guilty than their Ancestors in that age Ecclesiae vastantur ordo Clericalis ludibrio habetur et contemptui ima plebs proditorie è regno sumpto pretio venundatur infantes ab ipsis incunabilis ad miseram servitutem sumpti et redacti sunt omnisque benignitas et eleemosyna perit Ipsi denique liberi avita libertate frui et in servili conditione constituti bonis magnis partis laboribus aut aliundè concessis uti prohibentur Et quia haec gens perjuriis Mendaciis Iuramenti Fidei Faederum atque Pignorum fractionibus crebris homicidio turto et quae â—d Rempublicam labefactandam summa sunt Proditione falso atque Technis vaferrimis in ipsos Domiuos atque Heros multifariam deliquit cujus fuit indicium Edwardi regis ipsis hostibus traditio c. The external causes principally inviting incouraging the Danes to this invasion as Matthew Parker and Mr. Fox conjecture were these Quod à segnibus et torpentibus Monachis Regni facultates essent absorptae auctaque indies Dacorum vis ab Anglorum sub Monachis redactorum ignaviam et civilia orta multa discrimina quae Dacos efferarunt victores And that the Danes perceiving the discords that were then in the
contrived how to secure his Empire against Prince Alfred and Edward Edmonds Brothers then in Normandy with Queen Emma their Mother and their Uncle Richard Duke of Normandy a person of great valour power and interest the only person likely to attempt their restitution to the kingdom and Crown of England For which end he by gifts Ambassies and fair promises procures Earl Richards consent to bestow his Sister Queen Emma upon him for his wife who ariving in England in July 1018. was presently maried to this Invader of her former Husbands kingdom his sons royal throne and murderer banisher dishinheriter of his and her royal Posterity whereby her Brother Duke Richards thoughts were wholly diverted from ayding his Nephews to recover their right in England Ex hinc cum Câ—utoni omnia pro voto cessissent timens Ne Haeres legitimus Regnum quod sibi de Iure debebatur aliquando Normanica fretus virâ—ut Reposceret 〈◊〉 Ducâ—s sibi arctius colligaret affectum Emmam defuncti Regis relictam duxit uxorem Whereupon De illorum Elfredi Edwardi restitutione RicharduÌ„ avunculum nihil egisse comperimus quia et sororem suam Emmam hosti et invasori nuptam collocavit Ignores majori illius dedecore qui dederit an foeminae quae consenserat ut thalamo illius caleret qui virum infestaverit filios effugaverit is Malmesbury his observation and censure thereupon Only their Uncle Robert attempted their teâ—itution Congregatis navibus et impositis militibus profectionem paravit subinde jactitans se pronepotes suos coronaturum et proculdudio fidem dict is explesset nisi quia ut à majoribus accepimus semper â—i ventus adversabatur eontrarius per occultum scilicet Dei judicium in cujus voluntate sunt potestates omnium regnorum Reliquiae navium multo tempore dissolutarum Rothomagi adhuc nostra aetate visebantur writes Malmsbury By this match with Queen Emma as Cnute took off Duke Richard from yielding any assistance to his Nephews in hopes his sister might have issue by him to inherit the Crown of England it being agreed between them on the marriage that the issue of Cnute begotten on her should inherit the Crown so it much obliged the English to him and made them more willing to submit to his Government ut dum consuetae Dominae deferrent obsequium minus Danorum suspirarent Imperium the rather because they much honoured and affected her for her manifold vertues of which they had long former experience and likewise because they hoped it might be a meanes to restore Ethelreds issue by her to the Crown again in case she had no issue by Cnute to inherit it which in truth it effected by Gods providence contrary to Cnutes design After this mariage this politick Forein Intruder to establish his Monarchy over England endeavoured to reconcile the English to him by all other publick means he could devise and that by Emmaes advice 1. By advancing some of the English Nobility to places of Honour and trust as Leoffric whom he made Duke in the place of his Brother Norman whom he had slain with some others and loving them very dearly 2. By granting to the English equal Rights and Privileges with his Danes in Consessu in Consilio in Praelio and favouring and advancing them both alike 3. By favouring and enriching the English Clergy and Church-men and manifesting extraordinaty piety devotion bounty in repairing building endowing Monasteries and Churches throughout the Realm which had been partly decayed partly demolished and prophaned by his and his Fathers former wars and excursions And by erecting new Churches in all places where he had fought any battel especially at Asehendune and placing Priests in them perpetually to pray for the souls of those that were there slain Ita omnia quae ipse et Antecessores sui deliquerunt corrigere satagens prioris Injustitiae naevum apud Deum fortassis apud Homines certè abstulit as Malmsbury relates 4. By easing them of his Danish Forces and constant heavy Taxes for their maintenance For by the advice of Emma he sent back all his Danish stipendiary Souldiers to their Native Country and all his Ships but 40 which he retained to transport him into Denmarke the next year To return pay off and disband which forein Forces the English paid him a Tribute of 82. as some or 72 thousand pounds as other Historians record collected out of all England and the Londoners 11 thousand or 10500 marks more Which Tribute I conceive was granted him in the Council of London the year before wherein all the Prelates and Nobles took an Oath Suo exercitui vectigal dare according to their former agreement at Glocester upon the partition of the Kingdom between Edmond and Cnute wherein King Edmond and all the English Nobles and Army ordained that a Tribute should be paid to the Danish Fleet TRIBUTO QUOD CLASSICAE MANUI PENDERETUR STATUTO So that I conjecture it was not imposed on the people by Cnutes absolute power but by common Grant and Consent of a Great Parliamentary Council 5. By ratifying all their former good old fundamental Laws Rights Liberties Privileges which they used enjoyed under their Saxon Kings by enacting other good wholesom Laws repealing all unjust Laws and redressing all exactions and grievances By which means he so obliged the English to him that they cordially assisted him in his Danish wars chearfully obeyed him and never raised any Insurrection or Rebellion against him though frequently absent out of the Realm all his reign albeit he had no Army nor Garrisons to over-aw them In the second year of his reign Anno 1018. King Cnute assembled a Parliamentary Council both of the English and Danes at Oxford wherein they both accorded That King Edgars Lawes should be observed Angli et Daci apud Oxonefordiam de lege Regis Edgari concordes sunt effecti as Florentius Wigorniensis Sim. Dunelmensis and others express it but the Chronicle of Bromton thus Posthaec apud Oxoniam PARLIAMENTUM tenuit ubi Angli simul Dani de Legibus Edgari Regis observandis concordes facti sunt Which Fabian Grafton Speed and others thus express in English He called A PARLIAMENT at Oxford where among other things it was enacted That Englishmen and Danes should hold and firmly keep the Laws of Edgar late King Which Parliament they misplace some in the 3. others in the 15. year of his reign when it was in the second King Cnute sailing into Daenmark in the third year of his reign having there setled his affairs returned into England Anno 1020. about the feast of Easter Apud Orencestriam CONCILIO CONGREGATO as Matthew Westminster or Apud Cirenceastram MAGNUM CONCILIUM HABUIT as Florentius Wigorniensis Hoveden and Simeon Dunelmensis record it And then held a great Parliamentary Council at Orencester or Cirencester wherein he banished Duke Ethelward And this
maturo laboribus defaecato sciâ—…ti administrare principatum per aetatem severè miserias Provinci ilium 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 Gilingeam or rather Londoniam CONGREGATO CONCILIO rationibus suis explicitis regem effecit Dominio palam ab omnibus dato 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 unanimous consent of the Archbishops Bishops Nobles Clergie and people of England 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 the whole royal issue of the English race almost past any possibility or probability of their restitution to the Crown which he had forcibly invaded by the sword on a certian night fell into a sad deep contemplation of the forlorn condition of the royall Progeny of the English nation then almost 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. Peter 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 Kingdome 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 Harde-Cnute's death Take the relation of it in Abbot Ailreds words and of Brightwolds 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 praefertur agente â—o qui omnia operatur secundum concilium voluntatis suae qui dominatur in regno hominum cui voluerit dat illud FIT MAGNUS CORAM REGE EPISCOPORUM PROCERUMQUE CONVENTUS magnus plebis vulgique concursus quia jam futurae cladis indicia saeva praecesserant AGITUR INTER EOS DE REGNI STATU TRACTATUS Deinde Rex successorem sibi designare desiderans QUID SINGULIS QUIDVE OMNIBUS VIDERETUR EXPLORAT Pro diversorum diversa senentia res pendebat in dubio Alii enim Eâ—dmundum ob invictissimum robur corporis caeâ—eris aestimant praeferendum alii ob virtutem Normanâ—…ci generis Aluredum promovendum tutiùs arbitrantur Sed futurorum omnium praescius prioris brevissimam vitam alterius mortem immaturam prespiciens in pueâ—uÌ„ nec dum natuÌ„ UNIVERSORUM VOTA CONVERTIT Vtero adhuc claudetur in Regem eligitur non natus natis praefertur quem nec dum terra susceperat terrae dominus designatur Praebet electioni REX CONSENSUM laeti PRAEâ—ENT PROCâ—RES SACRAMENTUM inusitato miraculâ— IN Ejus FIDELITATE JURARUNT qui utrum nasceretur ignorarunt Tua haec sunt opera Christe Jesu qui omnia operaris in omnibus qui electum dilectum tibi an e mundi constitutionem plebis tui rectorem hiis indiciis declarasti quem liâ—èt per illos non tamen illi sedâ—… potius ele gisti Quis enim non videat rec aptum usui nec conveniens tempori nec censonum rationi nec humano ferendum fuisse sensui ut omissis filiâ—… legitimâ—s adultis hostili gladio imminente parvulus necdum natus ELIGERETUR IN REGEM quem in tali n cessitate n c hostes m tuerent nec cives revererentur Sed omnipotens Deus Spiritum prophesiae veci simul affectui plebis infudit praesentia malâ—spe futurae consolation is temperans ut sciant omnes in totius regni consolationem regem futurum quem ab ipso Deo plebe nesciente quid fecerit nullus dubitaret clectum Saevibat interim gladius hostilis in Anglia caedibus rapinis omnia replebantur ubique luctus ubique clamor ubique desolatio Incenduntur ecclesiae monasteria devastantur ut verbis propheticis utar effuderunt sanguinem sanctorum in circuitu Jerusalem non erat qui sepeliret Sacerdotes suis fugatisedibus sicubi pax quies aliqua in monasteriis vel locis desertis inveniebatur communem miseriam deplorantes delitescebant Inter quos vene abilis Bryghtwaldus Wintoniensis Episcopus caenobâ—um Glastoniense maerens tristis ingressus orationibus vacabat psalmis Qui cum aliquando pro Regis plebisque liberatione preces lacrymasque profunderet quasi in haec verba prorumpens Et tu inquit Domine usque quo usque quo avertis faciem tuam obliviscens inopiae nostrae tribulationis nostrae Sanctos tuos occiderunt altaria tua suffoderunt non est qui redimat neque qui salvum faciat Scio Domine scio quia omnia quae fecisti nobis in vero judicio fecisti sed nunquid in aeternum projiciet Deus non opponet complacitus sit adhuc erit ne Domine Deus meus erit ne finis horum mirabilium aut in aeternum tuus in nos mucro desaeviet percutias usque ad internecionem Inter preces tandem lachrim as fatigatum soper suavis excepit viditque per somnium caelâ—stem chorum cum lumine beatissimumque Petrum in eminâ—nti loâ—o constitutum dignum tantae majestati habitum praeserentem Videbatur ante eum virâ—pyaeâ—lâ—ri vultus in forma decenti regalâ—bus amictus insigniis quem cum p opriis manibus Apostolus censecrasset â—uxisset in regem monita salutis adjacit praecipuâ—que caelibem vitam commendans quot esset annos regnaturus aperuit Obstupefactus Praesul tanti novitate miraculi petit sibi a sanâ—to visionis hujus mysterium revelari de statu insuper regni instantis fine periculi apostolicum exegit oraculum Tunc factus vultus placido in tuâ—ns inâ—uentem Domini inquâ—t o Praesul Domini est regnum ipse dominatur in fâ—…s hominum Ipse
disswaded him from it he would send no ships to him Magnus furnished with a great Navy fought with Swane and after a great slaughter on both sides expelled him out of Denmark reigned in it and compelled the Danes to pay him a great Tribute Harold Harvager King of Norwey Anno 1048. sent Ambassadours to King Edward offering peace and friendship to him which he embraced Also Swane King of Denmark sent other Ambassadours to him this year requesting a naval assistance of ships from him But although Earl Godwin was willing that at least fifty ships should be sent him yet none were sent because Earl Leofric OMNISQUE POPULUS UNO ORE CONTRADIXERUNT and all the people contradicted it with one voice Abbot Ingulphus records That Wulgat Abbot of S. Pega whose Abbey was quite destroyed and burnt to the ground by the Danes had a long suit in the Kings Court with three Abbots of Burgh concerning the seat of his Abbey especially with Abbot Leofric with whom he most strongly contended Sed Regis curia nimium fav â—nte potentiori contra pauperem sententiante tandem sedem monasterii sui perdidit Tanta fuit Abbatis Leofrici pecunia tanta Comitis Godwini potentia which he thus repeats Illo in tempore venerabilis Pater Wulgatus Abbas Pegelandiae diutissimam calumniam passus ab Abbatibus Burgi Elfrico Arwino Leofrico Abbatiae suae sedem amittens tandem succubuit proh negas totum situm monasterii sui JUDICIO REGALIS CURIAE PERDIDIT Tantum tunc potuit super Justitiam pecunia contra veritatem versutia in CURIA regis Hardâ—â—nuti Godwini potentia After which he addes that in the year 1048. when the said Abbot Wulgat having lost the site of his Monastery had laid the foundation of a new Monastery in his Manor of Northburt next adjoyning to the old intending to translate his Abbey thither and diligently laboured to reedifie a Church Dormitory with other claustral offices there being assisted with the alms of many believers Fernotus a Kt. Ld. of Bosworth openly shewd out of the Abbots own writings that the said Manour of Northburt was given by his progenitors to the Monastery of S. Pega and to the Monks there serving God whence by consequence he alledged That seeing Abbot Wulgat and his Monks did not serve God and S. Pega from that time forwards in that place where the old Monastery stood that they ought not from henceforth to enjoy the said Manour Acceptatum est hoc A REGIS JUSTITIARIO ET CONFESTIM ADjuDICATUM EST dictum manerium de Northburt cum omnibus suis pertinentiis praedicto militi Fernoto tanquam jus suum haereditariuÌ„ de monachis ecclesiae sanctae Pegae alienatuÌ„ perpetuo sublatum Quod tum per universum Regnum citius fuisset cognitum scilicet Abbatum de Peikirk prius amisisse monasterium suum consequenter mantrium ad monasterium quondam pertinens similiter Edmerus miles dominus de Holbrok calumniam movet contra eundem Abbatem monachos suos de manerio suo de Maksey Horsingus de Wathe calumniatus est pro Maneriâ— suo de Badingâ—oÌ„ Siwardus Comes de Maneâ—io suo de Bernack Hugolonus Thesaurarius de Manerio de Helieston alii plures de aliis mane iis dicto Monasterio dudum pertinentibu omnes eadem ratione in dicta causa contra Monachos obtinuerunt tam de maneriis quam de Monasteris suo dictus Abbas de Peibec ac Monachi sui nequiter crudâ—liter ejecti sunt ut nunquam alicui veniat damnum solum Cum itaque Abbas Wulgatus conventus suus Monachi scilicet c. sic de Monasterio destituti vagabundi in proximo dispergendi in omnem ventum pro extremâ— miseria fluctuarent misertus eorum piissimus Râ—…x Edwardus omnes in suam curiam suscepit usquequo eis provideret suam capellam ac aulam quotidie frequentare imperavit The Abbot of Croyland dying soon after and his pastorall staff by which he was invested being presented by the Prior and two Monks to King Edward the King thereupon immediately invested Wulgatus in the Regiment of the Monastery of Croyland by the delivery of the Pastorall staff unto him seconded with his Charter of donation without any election by the Covent Inter praecipua Monasteria tunc magno nomine praedicabatur Croilandia tot tanta in tempore Danicae Tribulationis in Regis curiam semper manu promptissima effuderat donaria ET TRIBUTA A multis itaque annis retroactis NULLA ELECTIO PRAELATORUM ERAT MERE LIBERA ET CANONICA SED OMNES DIGNITATES TAM EPISCOPORUM QUAM ABBATUM PER ANNULUM ET BACULUM REGIS CURIA PRO SUA COMPLACENTIA CONFEREBAT These proceedings and judgements against the Abbot Monks of S. Pega and Peikirk were the occasion as I conceive of this passage in William of Malmesb. touching King Edwards reign Fuerunt tamen nonnulla quae gloriam temporum deturbarent Monasteri tunc monachis viduata PRAVA JUDICIA A PRAVIS HOMINIBUS COMMISSA c. Sed harum rerum invidiam amatores ipsum ita extenuare conantur Monasteriorum destructio PERVERSITAS JUDICIORUM non ejus scientia sed per Godwini filiorumque ejus sunt commissa violentiam qui regis indulgentiam videbant postea tamen ad eum delata acriter eorum exilio vindicata To which may be referred that story of Walter Mapaeus in Mr. Cambdens Britannia p. 374. 375. of Earl Godwins thrusting the Abbesse of Berkley and her Nunnes out of the Monastery of Berkley which he begged of King Edward by this wile He caused a young Nephew of his feigning himself sick to lie so long in the Nunnery till he left the Abbesse and all her Nunnes great with child and then complaining of proving this their incontinency before the King ejected the Abbesse and Nunnes and gained the Nunnery and Manour of Berkley to himself worth 500l revenue Together with this Godwins cheating the Archbishop of Canterbury of his Manour of Boseam in Sussex by a wily word-trap and equivocation recorded by the same authors King Edward Anno 1049. was so deeply affected and ravished with Gods extraordinary mercy towards him in preserving him like another Joash from the cruelty of the bloody Danes and restoring him beyond expectation to the Crown of England without his seeking or the least effusion of blood after sundry years dispossession by the Danish Intruders that thereupon he vowed a solemn pilgrimage to Rome there to render humble thanks and gifts to God for this signall mercy For diligently having prepared great summes of money to defray his expences with many rich presents he assembled all the Nobles and Prelates of the Realm in a Parliamentary Council acquainting them with this his vow and intended pilgrimage and craving their advice how the Realme might be justly governed preserved in peace and
Great Councils of that or later ages held in England or Ireland with the many falshoods and absurdities in it will sufficiently evidence it to every intelligent Peruser to be a late Bastard Treatise and no such Antient Record as Sir Edward Cooke most confidently averrs it upon groundless Reasons and bold false averments void of Truth Which Modus if really made and observed in his reign and after ages no doubt our Historians would have mentioned it as well as his Laws of which they give us this following account Henry de Knyghton records That King Edward after his Coronation Consilto 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 to establish them Wil. of Malmesbury thus writes of these Laws Omnes Leges ab antiquis Regibus maxime ab antecessore suo Ethelredâ— latas sub interminatione Regiae mulctae perpetuis temporibus observari praecepit in quarum custodia etiam nunc tempore bonorum sub nomine Regis Edwardi Iuratur non quod ille statuerit sed observaverit The Author of the antient Manuscript Chronicle of Litchfield and Mr. Selden out of him together with Roger Hoveden and Bishop Usher inform us concerning these Laws Ex illo die magna autoritate veneratae et per universum regnum corroboratae consecratae sunt prae caeteris regni legibus Leges Regis Edwardi quae quidem prius inventae constitutae fuerunt tempore Regis Edgari avi sui Veruntatem post mortem ipsius Regis Edgari usque ad Coronationem S. Regis Edw. quodcontinet annos 67 predictae leges sopitae sunt eâ— penitus praetermissae Sed postquam Rex Edwardus in regno fuit sublimatus Consilio Baronum Angliae Legem 67 annis sopitam excitavit excitatam reparavit reparatam decoravit decoratam confirmavit confirmata vocata est Lex sancti Regis Edwardi non quod prius ipse invenisset eam sed cum praetermissa fuisset oblivioni penitus dedita a 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 Anglorem 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 publish da Law full of discretion and justice which is called Mercian Law These two Laws the Historian Gildas translated out of the British into the Latine tongue and so it was afterwards commonly called Merchenelaga that is The Law of the Mercians by which Law 8 Counties were formerly judged namely Gloucestershire Worcestershire Herefordshire Shropshire Cheshire Staffordshire Warwickshire and Oxfordshire After these there was superadded a Law written in the Saxon or English tongue by Ina King of West-Saxons to which Alfred King of the West-Saxons afterwards superadded the Law which was stiled West-Saxenelega that is the Law of the West-Saxons By which Law in antient times the 9 Southern Counties divided by the River of Thames from the rest of England were judged namely Kent Sussex Surrey Berkeshire Wiltshire Southampton Somersetshire Dorset and Devonshire At length the Danes dominering in the Land a third Law sprang up which was called Danelega that is the Law of the Danes by which Law heretofore the 15 Eastern and Northern Counties were judged to wit Middle sex Suthfolk Northfolk Herthfordshire Cambridgeshire Huntingdonshire Lincoln-shire Nottinghamshire Derbyshire Northamptonshire Leicestershire Buckinghamshire Beddefordshire and Yorkshire which County of York heretofore contained all Northumberland from the water of Humber to the River of Twede which is the beginning of Scotland and is now divided into six Shires Now out of the foresaid three Laws Merchenelega West-Saxenelega and Danelega this King Edward set forth one common Law which even to this day is called the Law of Edward The like is recorded by Hygden in his Polychronicon l. 1. c. 50. Mr. John Fox in his Acts and Monuments vol. 1. p. 213 214. Samuel Daniel his Collection of the History of England p. 22. John Speed his History of Great Britain p. 410. Fabian Holinshed Caxton Grafton and others almost in the self-same words These Laws are no where extant in any Manuscripts or printed Authors as they were originally compiled and digested into one body by him and his Barons but as they were presented upon Oath to and confirmed by King William the Conqueror in the 4th year of his reign of which Ingulphus Abbot of Croyland in the close of his History to which they are annexed in some Manuscripts gives us this account flourishing in that age Attuli eadem vice mecum de Londonâ—is in meum Monasterium Leges aequissimi Regis Edwardi quas Dominus meus inclytus Rex Willielmus autenticas esse et perpetuas per totum Regnum Angliae inviolabiliter tenendas sub paenis gravissimis proclamarat et suis Insticiariis commendarat eodem idiomate quo editae â—unt ne per ignorantiam contingat nos vel nostros aliquando in nostrum grave periculum contraire offendere ausu temerario regiam majestatem ne in ejus censuras rigidissimas improvidum pedem ferre contentas saepius in eisdem hoc modo These Laws are partly Ecclesiastical partly Civil recorded by Roger de Hoveden Annalium pars posterior p. 611. to 631 by Mr. Lambaerd in his Archaion Henry de Knyghton de Eventibus Angliae l. 2. c. 4. Spelmanni Concili p. 613. Mr. Iohn Selden ad Eadmerum Notae Spicelegium p. 172. to 195. Mr. Iohn Fox his Acts and Monuments vol. 1. p. 214. wherein those who please may peruse them In these Laws it is observable 1. That all capital corporal pecuniary punishments fines for criminal offences and all reliefs services and duties to the King are reduced to a certainty not left arbitrary to the King his Iustices or other Officers for the Subjects greater liberty ease and security 2. That they protect preserve the Possessions Privileges Persons of the
Post mortem Regis Edwardi ei Regnum Angliae Sacramento firmavit subjoyns thereto Tradunt autem aliter alii quod videlicet Haroldus a Rege Edwardo fuerat ad hoc in Normanniam missus ut Ducem Gulihelmum in Angliam conduceret qnem idem Rex Edwardus Haeredem sibi constituere cogitavit Roger de Hoved. Annal. pars prior p. 449. Radulph de Diceto Abbr. Chron. col 480 481. Eadmerus Hist Novorum l. 1. p. 4 5. Sim. Dunel Hist col 195. Jo. Bromton in his Chronicle col 947. Hygden in his Polychron l. 6. c. 27. with others record the matter somewhat different from our other Historians That Harold after his Fathers death craving leave of King Edward to goe into Normandy to free and bring into England his Brother Wulnoth Nephew Hake there detained Hostages the King would not permit him to goe as sent by him but yet left him free to do what he pleased of himself therein Adding Praesentio tamente ad nihil aliud tendere nisi in detrimentum totius Anglici regni et opprobrium tui nec enim ita novi Comitem mentis expertem ut eos aliquatenus velit concedere tibi si non praescie â—it in hoc magnum proficuum sui Harold notwithstanding taking ship to go into Normandy upon this occasion was driven by storm into Ponthieu and there imprisoned as aforesaid and by Duke Williams means and threats after two denials released who honourably entertaining him for some dayes to advance his own designs by him at last opened his minde thus to him Dicebat itaque Regem Edwardum quando secum inveneolim juvenis in Normanniae demoraretur sibi interposita fide sua pollicitum suisse quod si Rex Angliae foret Iusregni in illum Iure Haereditario transferret subdens ait tu quoque si mihi te in hoc ipso adminiculaturum sposponderis et insuper castellum Dofris cum puteo aquae ad opus meum te facturum sororemque tuam uni de Principibus meis dederis in uxorem te ad me temport quo nobis conveniet destinaturum nec non filiam meam in conjugem accepturum promiseris tunc et modo nepotem tuum et cum in Angliam venero regnaturus sratrem tuum incolumem recipies in quo regno si tuo favore confirmatus fuero spondeo quod omne quod à me rationabiliter tibi postulaveris obtinebis Hereupon Harold perceiving danger on every side and not knowing how to escape unless he condescended to Williams will in all things he thereupon consented to his requests But he that all things might be ratified bringing forth the reliques of Saints brought Harold to this That he should swear upon them that he would actually perform all things which they had agreed between them These things thus done Harold receiving his Nephew returned into his Country where he related to the King upon his demand what had happened and what hee had done Who said Did I not tell thee I knew William and that many mischiefs might happen to this kingdom in thy journey I foresee in this thy deed that great calamities will come upon our Nation which I beseech God of his infinite mercy to grant that they may not happen in my dayes Mr. Fox relating this story more briefly concludes thus Whereby it may be athered That King Edward was right willing that Duke William should reign after him and also it seemeth not unlike but that he had given him his promise thereunto before The same Hoveden Annalium pars posterior p. 608 609 610. reciting the Laws of King Edward confirmed by King William after he got the Crown records these passages intermixed with them That King Edward retained his Cosen Edwards son Edgar with him and nourished him for his Son and because he thought to make him his Heir he named him Adeling which we call a Little Lord. But King Edward so soon as 〈◊〉 knew the wickednesse of his Nation and especially the pride of the Sons of Godwin of Harold who after invaded the Kingdom Estigurt Lefwin and others of his Brothers imagining that what he had purposed concerning Edgar could not possibly be stable Adoptavit Willielmum Ducem Normannorum in regnum adopted William Duke of Normandy to succeed him in the Realm William I say the bastard the son of Robert his Uncle a valiant warlike and stout man Who afterwards by Gods assistance by vanquishing the foresaid Harold son of Godwin victoriously obtained the Realm of England To which he subjoyns That Edward wanting issue sent Robert Archbishop of Canterbury to his Cosen William Duke of Normandy de Regno eum constituit Haeredem and made him heir of the Kingdom yea after him he sent Earl Harold and He invaded the Realm He further Records That when King William would have altered the Laws of England presented to him upon Oath in the 4th year of his reign but in one poinâ— Universi compatriotae qui leges edixerant tristes effecti c. tandem eum prosecuti sunt deprecantes quatenus pro anima Regis Edwardi qui ei post diem suum concesserat Coronam et Regnum et cujus erant Leges that he would not alter the Laws herein whereupon he consented to their request Thomas of Walsingham thus registers the fact Edwardus Rex Anglorum prolis successione carens olim miserat Duci Robertum Archiepiscopum Cantuar. statuens illum haeredem Regni a Deo sibi attributi Sed et Haroldum ipse postmodum destinavit qui fuit maximus Comitum regni sui in honore dominatione et divitiis ut ei de Corona sua fidelitatem faceret ac Christiano more Sacramentis confirmaret Qui dum ob hoc negotii venire contenderet velificato freto Porti Pontnium appulit ubi in manus Widonis Abbatis villae S. Abvile Comitis incidit quem idem Comes captuâ— cum suis confestim in custodiam trusit Quod ut â—ux comperit missis Legatis violenter illum extorsit quem aliquandiu secum moratuÌ„ facto fidelitate de regno pluribus Sacramentis cum muneribus multis Regi remisit Denique Rex Edwardus completo termino foelicis vitae c. migravit a saeculo Cujus regnum Haroldus continuo invasit ex fidelitate pejuratus quam Duci Iuraverat Ad quem Legatos direxit protinus hortans ut ab hac vesania resipisceret fidem quam Iuramento sposponderat cum digna subjectione servaret Sed ille hoc non solum audire contempsit verum omnem ab illo Anglorum gentem infideliter avertit c. Chronicon Johannis Bromton Col. 945. relates That King Edward purposed to make Edgar whom he had nourished as his Son heir of England Sed ut quidam aiunt Rex gentis suae malitiam et praecipuè superbiam Haroldi filii Godwini et aliorum divina demonstratione praevidens percepit quod propositum suum quoad ipsum Edgarum cognatum suum
de regno post eum obtinendo minime potuit adimplere unde Willhelmo cognato suo Normannorum Duci Regnum post eum optinendum per solennes nuncios assignavit And Col. 957. he adds Some say that King Edward before his death had appointed William to succeed him according to the promise which the said King had made him when he was a young man living in Normandy that he should succeed him in the Kingdom concerning which as some write be had sent solemn Messengers to him into Normandy The like is affirmed almost in the same words by Henry de Knyghton de Eventibus Angliae l. 1. c 15. col 2238. and by Fabian Caxton Cambden Holinshed Grafton Speed Daniel Stow Vestegan and other modern Historians Matthew Paris in the beginning of his History of England p. 1. relates Harolds driving into Pountoise by storm as he was taking his pleasure at Sea his presenting to Duke William his espousals to his daughter under age which he ratified by Oath taken upon the reliques of Saints adding Juravit insuper se post mortem Regis Edwardi qui jam senuit sine liberis Regnum Angliae Duci qui in Regnum jus habuit fideliter conservaturum Consummatis igitur aliquot diebus cum summa laetitia amplis muneribus ditatus in Angliam reversus est Haroldus Sed cum in tuto constitueretur jactabat se laqueos evasisse Hostiles Perjurii crimen eligendo And Anno 1257. Writing of the Lay Peers of France whereof the Duke of Normandy is first he hath this passage Rex Angliae Dux est de jure Normanniae sanguinis derivatione geneali Rex ex conquestu dicitur tamen quod beatus Edwardus eo quod haerede caruit Regnum legavit Willielmo Bastardo Duci Normannorum Sed hoc robore asseruitur caruisse quia hoc fecit in lecto Lethali et sine Baronagii sui commnni consensu By all which Testimonies as likewise by the express relations of Mr. Cambden in his Britannia p. 144 145. Richard Verstegan his Restitution of decayed Antiquities Matthew Parker his Antiquitates Ecclesiae Britanniae p. 88. Mr. Seldens Review of his History of Tithes p. 482 483. it is apparent that King Edward whiles he was in Normandy before he was King upon Duke Williams repairing into England to him after he was King by several Messengers and Hostages sent to him in his old age and in his very death-bed appointed Duke William to be both his successor and heir to the Crown of England and that Harold either voluntarily as purposely sent by King Edward or craftily upon pretence he was sent by him to work his own enlargement and his Nephews or upon Williams motion to him voluntarily swore that he would faithfully preserve the Crown and Realm of England for him after King Edwards death who had appointed him to succeed him as his heir next kinsman by the mothers side and that he intended to dishinherit his Cosen Edgar Atheling of it though next heir to it by reason of his minority unfitness and indisposition both of body and minde to sway the Scepter of the Realm King Edward having finished his Abby of Westminster and endowed it with ample lands and privileges by three several Charters by the advice and assent of all his Bishops and Nobles as aforesaid Anno 1066 caused it to be solemnly consecrated on Innecents day with great solemnity but falling sick in the midst of these festival Solemnities of its dedication he betook himself to his bed where continuing speechlesse for two days space together on the third day giving a great groan and arising as it were from the dead he related to those then about him a Vision he had seen touching the State of England Namely that two religious Monks he had formerly known in Normandy dead many years before were sent unto him with this message declaring the Corruptions and Vices both of the Clergy Nobility Gentry and People of England and the judgements ready to fall upon them for the same Which Matthew Westminster thus relates Quoniam Primores Angliae Duces Episcopi Abbates non sunt Ministri Dei sed Diaboli tradidit Deus hoc regnum uno anno et die uno in manu inimici Daemonesque terram hanc totam pervagabunt Abbot Ailred thus records it Impletum dicunt Anglorum nequitiam iniquitas consummata iram provocat accelerat vindâ—ctam Sacerdotes praevaricati sunt pactum Domini polluto pectore manibus iniquitatis sancta contrectant non Pastores sed Mercenarii exponunt lupis oves non protegunt lac lanam quaerunt non oves ut detrusos ad inferos mors pastores depascat et oves Sed et Principes terrae infideles Sociae surum PRAEDONES PATRIAE quibus nec Deus timori est NEC LEX HONORI quibus veritas oneri JUS CONTEMPTUI CRUDELITAS DELECTATIONI Itaque NEC SERVANT PRAELATI JUSTITIAM nec subditi disciplinam Et ecce Dominus gladium suum vibravit arcum suum tetendit et paravit illum ostendet deinceps populo hinc iram indignationeÌ„ immissiones insuper per Angelos malos quibus traditi sunt anno uno die uno igne simul et gladio puniendi The King groaning and sighing for this calamity that was ready to fall upon his people demanded of the Monks Whether if they repented of their sins upon his admonition to them God would not pardon them and remove his judgements as he did from the Ninivites They replied That God would by no means receive them into his favour because the heart of this people was hardned and their eyes blinded and their ears deafned that they would not hear reproof nor understand admonition nor be terrified with threatnings nor provoked with his late benefits The King thereupon demanded Whether God would be angry for ever Whether he would be any more intreated and when they might hope for a release of so great calamities To which they replyed That if a green tree cut in the midst and carried a great space from the stock could without any help reunite it self to the root and grow again and bring sorth fruit then might the remission of such evils be hoped for The veritie of which Prophecy add our Historians the Englishmen experimentally felt namely That England should be an habitation of strangers and a Domination of Foreiners because a little space after scarce any Englishman was either a King a Duke Bishop or Abbot neither was there any hope also of the end of this misety King Edward after his relation of this Vision to the Nobles and Prelates then about him yielded up the Ghost and died without issue on Epiphany Eve An. 1066. and was solemnly interred the next day in Westminster Abbey the royal line of the Saxon Kings ending in him which had continued from Cerdic the first King of the West-Saxons for 571. years without interruption except by some
and to govern them justly according to their Coronation Oaths and not arbitrarily or tyrannically according to their pleasures 5. That no Freemen in that age could be justly imprisoned banished or put to death but for some hainous misdemeanors and that by a legal trial and conviction 6. That the Subjects of England then held it their bounden duties in times of forein invasion to defend the Realm their Lives Liberties Properties both by Land and Sea against forein Enemies yet they held themselves dis-obliged and were generally averse to defend the person or Title of any Usurper of the Crown against any forein Prince or other Person who had a better right and title to it 7. That our English Ancestors in that age esteemed their hereditary Liberties good antient Laws and Customs more dear and pretious to them than their very lives and would rather die fighting for their Laws and Liberties like freemen than live under slavery or bondage to any Soveraign whatsoever 8. That the Kings of England in that age could neither give away nor legally dispose of their Crowns Kingdoms or Crown Lands to others without the privity and free consent of their Nobles and Kingdom in general Parliamentary Council as is evident by Harolds answers to VVilliams Embassadours the recited passage of Matthew Paris upon that occasion and this of Samuel Daniel p. 34. So much was done either by King Edward or Harold though neither act if any such were was of power to prejudice the State or alter the course of right succession as gave the Duke a colour to claim the Crown by a donation made by Testament which being against the Law and Custom of the Kingdom could be of no validity at all For the Crown of England being held not as patrimonial but in succession by remotion which is a succeeding to anothers place it was not in the power of King Edward to collate the same by any dispositive and Testamentary Will the right descending to the next of blood only by the Laws and Custom of the Kingdom For the successor is not said to be the Heir of the King but of the Kingdom which makes him so and cannot be put from it by any Act of his Predecessors 9. That the Nobilities Clergies and peoples free-Election hath been usually most endeavoured and sought after by our Kings especially Intruders as their best and surest Title To these Legal I shall only subjoyn some Political and Theological Observations naturally slowing from the premised Histories of King Edward Harold and William not unsuitable to nor unseasonable for the most serious thoughts and saddest contemplations of the present age considering the revolutions and postures of our publike affairs 1. That it is very unsafe and perillous for Princes or States to intrust the Military and Civil power of the Realm in the hands of any one potent ambitious or covetous person who will be apt to abuse them to the peoples oppression the kingdoms perturbation and his Sovereigns affront or danger as is evident by Earl Godwin and his Sons 2. That devout pious soft-natured Princes are aptest to be abused and their people to be oppressed by evil Officers 3. That it is very dangerous and pernicious to heditary kingdoms for their King to die without any certain known and declared right Heirs or Successors to their Crowns yea an occasion of many wars and revolutions as is evident by King Edwards death without issue or declared right heir 4. That right heirs to Crowns who are of tender years weak judgement or impotent in Frien is and Purse are easily and frequently put by their rights by bold active and powerfull Intruders as Edgar Atheling was both by Haroid and William successively Yet this is remarkable in both these Invaders of his royal Right 1. That Harold who first dethroned him to make him some kind of recompence and please the Nobles of his party created Edgar Earl of Oxford and held him in special favour 2ly That King William the first to whom he submitted himself and did homage and fealty used him very honourably and entertained him in his Court not only at first buâ— even after he had twice taken up armes against him joyning first with the English Nobilitie then with the Danes and Scots against his interest For Edgar coming to him into Normandy Anno 1066. out of Scotland where he lived some years where nihil ad praesens commodi nihil ad futurum spei praeter quotidianam stipem nactus esset he not only pardoned his fore-past offences but magno donativo donatus est pluribusque annis in Curia manens Libram Argenti quotidie in stipendio accipiebat writes Malmesb. receiving a great donative from him and a pound of silver for a stipend every day and continuing many years in his Court. After which Anno 1089. He went into Apulia to the Holy wars by King Williams licence with 200 Souldiers and many Ships whence returning after the death of Robert son of Godwin and the loss of his best Souldiers he received many benefits from the Emperours both of Greece and Germany who endeavoured to retain him in their Courts for the greatness of his birth but he contemning all their proffers out of a desire to enjoy his Native Country returned into England and there lived all Kings Williams reign In the year 1091. Wil. Rufus going into Normandy to take it by force from his brother Robert deprived Edgar of the honour which his Brother with whom he sided had conferred upon him and banished him out of Normandy whereupon he went into Scotland where by his means a peace being made between VVilliam Rufus and Malcholm king of Scots he was again reconciled to Edgar by Earl Roberts means returned into England being in so great favour with the king that in the year 1097. He sent him into Scotland with an Army Ut in ea consobrinum suum Eadgarum Malcholmi Regis filium patruo suo Dufenoldo qui regnum invaser at expulso Regem constitueret Whence returning into England he lived there till after the reign of king Henry the first betaking himself in his old age to a retired life in the Country as Malmesbury thus records Angliam rediit ubi diverso fortunae ludicro rotatus nunc remotus tacitus canos suo in agro consumit Where most probably he died in peace since I find no mention of his death No less than 4 successive kings permitting this right heir to their Crowns to live both in their Courts and Kingdom of England in peace and security such was the Christian Generosity Charity and Piety of that age without reputing it High Treason for any to relieve or converse with him as the Charity of some Saints in this Iron age would have adjudged it had they lived in those times who have quite forgotten this Gospel Lesson of our Savior they then practised But I say unto you love
A Seasonable VINDICATION OF The good old Fundamental RIGHTS and GOVERNMENTS of all English FREEMEN By William Prynne Esq a Bencher of Lincolnes Inne Jeremiah 22. and 18. They shall not lament for him saying Ah my Brother or Ah hi Glory He shall be buried with the burial of an Asse drawn and cast forth beyond the Gates of Jerusalem No man of his seed shall prosper sitting on the Throne of David and ruling any more in Judah LONDON Printed for Henry Broom at the sign of the Gun in Ivie Lane 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 Judgements 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 trutination and comparing of the Judgements 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 wch 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 lesson 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 â—n 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 Military 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 Kingdome and Kings that as during the reign of our antient British 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 Lâ—turgies of the Church which I doubt few of our new Republican Saints will be Yea the piety of our Kings in that age was generally â—o surpassing Ut mirum tunc fuerat Regem non Sanctum videre as John Capgrave informs us Whence Wernerus a forein Chronologer in his Fasciculus temporum records Plures se invenisse sanctos Reges in Anglia quam in alia mundi Provincia quantumcunque populosa And Abbot Ailred long before him gives this memorable testimony of the Sanctity Martyrdom Justice and study of the peoples publike weal before the private shining forth in our Saxon Kings more than in any other kings throughout the world Verum prae cunctis civitatibus Regnisve terrarum de sanctitate Regum suorum Anglia gloriatur quorum alii coronati martyrio de terreno ad caeleste Regnum migraverunt alii exilium patriae praeferentes mori pro Christo peregre deligerunt nonnulli posito diademate disciplicinis se monasticis subdederunt quidam in justitia â—t sanctitate regnantes prodesse subditis quam praeesse maluerunt whose footsteps I wish 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 affordus notwithstanding all the wars tumults combustions therein sundry memorable Presidents of great Parliamentary Councils Synods Civil and Ecclesiastical excellent Laws and Canons made in royal Charters confirmed by them with divers memorable Monuments both of our Parliamentary Councils Kings Princes Nobles Peoples constant care diligence prudence fortitude in defending preserving vindicating and perpetuating to posterity the good old Laws Liberties Franchises Rights Customs Government publike justice and Propriety of the Nation to suppress abolish all ill Law tyrannical unjust Proceedings Oppressions Exactions Imposts Grievances Taxes repugnant thereunto to advance Religion Piety Learning the free course of Iustice and the peoples welfare Which I have here in a Chronological method for the most part faithfully collected out of our antientest best Historians and Antiquaries of all sorts where they ly confused scattered and many of them being almost quite buried in oblivion and so far forgotten that they were never so much as once remembred or infisted on either in our late Parliaments and Great Courts of Iustice in any late publike Arguments or Debates touching the violation or preservation of the fundamental Laws Liberties Properties Rights Franchises of the Nation now almost quite forgotten and trampled under foot after all our late contests for their defence I have throughout these Collections strictly confined my self to the very words and expressions of those Historians I cite coupling their relations together where they accord in one citing them severally where they vary and could not aptly be conjoyned transcribing their most pertinent passages in the language they penned them omitted by our vulgar English Chronologers and annexing some brief observations to them for Explanation or Information where ther is occasion The whole undertaking I here humbly submit to the favourable acceptation and censure of every judicious Reader who if upon his perusal thereof shall esteem it worthy of such an Encomium as William Thorne a Monk of Canterbury hath by way of Prologue praefixed to his own Chronicle Valens labor laude dignus per quem ignota noscuntur occulta ad noticiam patescunt praeterita in lucem praesentia in experientiam futura temporibus non omittantur quia labilis est humana memoria necesse constat scriptis inseri memoranda ne humanae fragilitatis contingens oblivio fieret posteris inopinata confusio It will somewhat incourage me to proceed from these remote obscure times to ages next ensuing in the like or some other Chronological method But if any cut of disaffection to the work or diversity from me in opinion shall deem these Collections useless or supersluous I hope they will give me leave to make the selfsame Apology for my self and them as our most judidious Historian t William of Malmesbury long since made for himself and his Historical collections Et quidem erunt multi fortassis in diversis Regionibus Angliae qui quaedam aliter ac ego dixi se dicant audisse vel legisse Veruntamen si recto aguntur judicio non ideo me censorio expungent stilo Ego enim veram Legem secutus Historiae nihil unquam posui nisi quod à si delibus relatoribus vel scriptoribus addidici-Porro quoquo modo haec se habeant privatim ipse mihi sub ope Christi gratulor quod continuam Anglorum Historiam ordinaveram vel solus vel primus at least wise in this kind Si quis igitur post me scribendi de talibus munus attentaverit mihi debeat collectionis gratiam sibi habeat electionis materiam Quod superest munus meum dignanter suscipite ut gaudeam grato cognitoris arbitrio qui non erravi eligendi judicio Thus craving the Benefit of thy Prayers for Gods Blessing on these my publications for the common liberty weale and Benefit of the Nation I commend both them
and thee to Gods tuition and benediction Lincolns Inne December 6. 1655. WILLIAM PRYNNE A Seasonable Legal and Historical Vindication of the good old Fundamental Liberties Rights and Laws of England Chapter 3. Section 4. Comprehending a brief Collection of all the most observable Parliamentary Councils Synods Conventions Publique Contests Debates Wars Historical Proceedings Passages Records relating to the fundamental Liberties Franchises Rights Customs and Government of the People under our English Saxon Kings from the year of our Lord 600 till the death of King Edmund Ironside and reign of Cnute the Danish King Anno Dom. 1017. with some brief Observations on and from the same IN the former Section I have presented you with a general brief Account of our first English Saxon Christian Kings limited Power and Prerogative being obliged to govern their English-Saxon Subjects not arbitrarily but justly according to their known Laws and totally disabled to alter repeal any old or enact any nâ—w Laws to impose any publique Taxes Tallages Imposts Customs whatsoever on their people upon any real or pretended necessity to make any War Peace or to alienate the Lands or ancient Revenues of their Crowns to any pious publique or private uses whatsoever without the common consent of their Nobles and Wisemen in general Parliamentary Councils together with a Summary of the Laws of Ethelbert the first Christian Saxon King wholly pretermitting the Names Acts Kingdoms of our first Pagan Saxon Usurpers rather than lawfull Kings who though many and great in their generations were very speedily brought to nothing their Kingdoms begun erected by blood conquest and meer power of the Sword standing not long unshaken by civil wars among themselves each King envying his equals greatness and seeking to inlarge his own Dominions upon the next In which Combustions few or none of them came to the Grave in due time but were either slain in war or treacherously murdered in Peace or expelled their Realms by or forced to resign their Crowns to others after all their former prosperous successes and reigns wholly spent in Wars Troubles Seditions Rebellions Rapines affording nothing worthy memory for their peoples good the Kingdoms settlement or imitation of Posterity Whence Henry Huntindon in the close of the 2 Book of his Histories p. 320 hath this Observation concerning them very seasonable for our present times Vide igitur Lector perpende quanta Nomina quam cito ad nihilum devenerint Attende quaeso stude cum nihil hic duret ut adjuiras tibi regnum substantiamillam quae non deficiet Nomen illud honorem qui non pertransibit monimentum illud claritatem quae nullis saeculis veterascet Hoc praemeditare summae prudentiae est acquirere summae caliditatis adipisci summae faelicitaâ—is I shall now in this Section proceed in my intended Chonological Method to their next succeeding Christian Saxon Kings reigns in England till the reign of King Cnute the Dane Anno Domini 1017. It is recorded of Aethelbert the first Christian Saxon King of Kent that keeping the Feast of our Saviours Nativity at Canterbury with his Queen Ead bald his Son Arch-Bishop Augustine and the Nobles of the Land he there held a Parliamentary Council with them on the 5. of January in the year of our Lord 605. Which Thomas Sprot thus expresseth in the Language of his age rather than of that Convocato ibidem communi Concilio tam Cleri quam Populi die quinto Januarii he did then and there Omnium singulorum approbatione consensu as he relates or cum consensu Venerabilis Archiepiscopi Augustini Ac Principum meorum cum Aedbaldi filii mei aliorumque Nobilium optimatum meorum Consilio as his Charters recite give grant and confirm to the Church of St. Peter and Paul in Canterbury for ever sundry Lands pretious Utensils Privileges and Immunities by his Charters made and ratified in this Council In which it is most probable he likewise made those Judicial Decrees and Laws with the advice of his Wise men for the benefit of his people in his own Country Saxon Language Which our venerable Beda William of Malmesbury Huntindon Bromton and others mention only in the general and Bishop Enulph hath registred to posterity in his famous manuscript intituled Textus Roffensis of which I have given you some account before Section 3. p. 50 51 52. on which you may reflect In the year of Christ 627 Paulinus perswading Edwin King of Northumberland to become a Christian to avod eternal torments and to be made a partaker of the Kongdom of Heaven The King answered That he was both willing and ought to receive the faith which he taught but he ought first to confer with his Friends Princes and Counsellors concerning it that so if they concurred in judgement with him they might all be baptized together Assembling therefore his Wisemen and advising with them he demanded severally of them all What that Doctrine which they never heard of till then and that new worship of God which was preached by Paulinus seemed to them To whom Coyfi the chief of the Priests presently answered Do thou consider O King what that Religion is which is now preached to us I profess unto thee that which I have most certainly learned that the Religion we have hitherto imbraced hath no virtue at all in it whereupon it remains that if those new things which are now preached unto us shall appear to thee upon examination to be better and stronger than our Religion let us hasten to embrace them without any delay To whose wise perswasions and words Another of the Kings Nobles giving his Assent spake something concerning the brevity and incertainty of this life and of their ignorance and incertainty of that life which is to come concluding That if this new Doctrine brought any thing to them more certain than that they formerly imbraced it ought to be deservedly followed The rest of the Elders and Kings Counsellors prosecuting the like things by Divine admoniâ—ion Coyfi added that he desired to hear Paulinus preaching concerning God more diligently than before which when he had done by the Kings command he cryed out having heard his preaching I heretofore understood that what we worshipped was nothing because by how much the more diligently I sought the truth in that worship the less I found it But now I openly professe that in this preaching the truth shines forth which is able to give unto us the gifts of eternal life salvation and happiness Whereupon O King I advise thee that the Temples and Altars we have consecrated without any fruit or benefit we should now presently execrate and burn Upon this without more debate the King openly gave his assent to the preaching of Paulinus renouncing Idolatry confessed that he did imbrace the faith of Christ. And when the King demanded of Coysi his Priest who ought first to prophane and
destroy the Altars Temples of the Idols with the rails and bounds wherewith they were inclosed He answered I who have worshipped them through foolishness And presently renouncing his Superstition he demanded Arms and an Horse of the King which by their old Law Priests might not use which being granted him he mounted the Horse with a Sword and Lance in his Hand and riding to the Idols thus armed the people deeming him to be mad prophaned the Temple and commanded his Companions to destroy and burn it with the Idols and all the Hedges about it which they did Whereupon the King with his Nobles and very many of the people embraced the Christian Religion and were baptized by Paulinus in the Church of St. Peter at York which the King there speedily commanded to be built of Wood and afterwards enlarged ordaining Paulinus Bishop of that place who converted baptized him and his people as Beda and others more largely record the History From which memorable president we may observe these particulars 1. That the King himself could not then alter the established Laws or received Religion of this Realm though false nor introduce new Laws or set up the true Religion without the concurrent Assent of his Nobles and Wisemen in a general Parliamentary Council 2. That the Princes Chief Priests Nobles and Aeldermen of the Realm were the Parliament Members in that Age. 3. That every one of them in these Councils had freedom of Vote and Debate and gave their voices severally for the bringing in of Christianity and destruction of Idolatry William of Malmesbury gives this Character of this Kings Government after he became a Christan and of the vicissitude of humane affairs worthy our present observation he being suddenly slain in battle together with his Son after all his former conquests and felicity Nullus tunc Praedo Publicus nullus latro domesticus insidiator conjugalis pudoris procul Expilator alienae Haereditatis exul Magnum id in ejus laudibus nostrâ aetate splendidum Itaque Imperii sui ad eos limites incrementa perducta sunt ut Justitia Pax libentèr in mutuos amplexus concurrerent osculorum gratiam grata vicissitudine libantes faeliciter tunc Anglorum Respublica procedere potuisset nisi mors immatura temporalis beatitudinis Noverca turpi fortunae ludo virum abstulisâ—et Patriae Aetatis enim 48. Regni 17. Rebellantibus Regulis quos sub jugum miferat Ceadwalla Britonum Penda Merciorum cum Filio interemptus miserabile varietatis humanae fuit exemplum nulli prudentiâ inferior qui nè Christianam fidem nisi diligentissimè inspectat â ratione voluit suscipere susceptaeque nihil existimare comparabile Anno 673 Theodor Archbishop of Canterbury held a great Council at Hertford presentibus Episcopis Angliae ac Regibus Magnatibus universis the Bishops of England and Kings to wit King Lotharius and Easwine and all the Nobles being present at it In this Council they made ten Canons or Laws which they all subscribed and ratified with their hands the 7th whereof was That a Synod or Parliamentary Assembly should be assembled twice or because divers causes hindred Placuit omnibus in commune they all agreed in common that in the Calends of August in a place called Cloveshoon a Synod should be congregated at least once every year The rest of them you may peruse in the marginal Authors at leisure being meerly Ecclesiastical and not so pertinent to my Discourse Ceadwalla King of the West-Saxons In the year of our Lord 680. granted to Bishop Wilfrid certain Lands with their appurtenances called Pagaliam cum consensu devotâ confirmatione omnium Optimatum meorum with the consent and devout confirmation of all his Nobles assembled in a Parliamentary Council the grant of his Crown Lands to him being not valid to bind his Successours without his Nobles concurrent confirmation William of Malmesbury writes of him That though before his conversion unto Christianity he addicted himself to wars and to plunder and spoil his neighbouring Kings yet he conscientiously dedicated the tenth of all his spoils to God Inter haec arduum memoratâ— est quantum etiam ante Baptismum inservierit pietati ut omnes manubias quas jure praedatorio in suos usus transcripserat Deo Decimaret In quo etsi approbamus affectum improbamus exemplum juxta illud Qui offert sacrificium de substantia Pauperis quasi qui immolat silium in conspectu patris If all the Plundering warring Saints of this Age would imitate his example in giving the Tenths of all their spoils and plunders to God his Ministers instead of spoiling them of their Tithes and antient Church-Revenues men would deem them as good Saints as this plundering conquering Saxon King of whom it is likewise storied that before he turned Christian intending to invade the Isle of Wight and unite it to his Kingdom he vowed to give the 4th part of the Iland and Prey to Christ if he should vanquish it Whereupon he conquering the Isle slew the Natives in it being Pagans with a Tragical slaughter and in performance of his vow gave to Bishop Wilfrid and his Clerks for their maintenance and encouragement the possession of 300 I-Hides of Land being the fourth part thereof When our new Conquerours shall be so bountifull in bestowing the fourth or but the tenth part of all the pretended conquered Lands they have gotten on Christs Church and Ministers instead of invading and purchasing the Churches antient Lands Glebes Tithes and Inheritance they may demerit the Name and praise of Saints as well as Ceadwalla who before he came to the Crown as he was unjustly banished from his Country through the envy of others only for his vertues and worthiness which first caused him to take up armes and invade the South-Saxons two of whose Kings he slew successively in the field after which he twice invaded and afflicted Kent with grievous wars taking advantage of their civil discords wherein he shed abundance of Christian blood So when he had reigned but two years space after all his victories out of meer devotion he voluntarily left his Crown Kingdom Conquests and went in Pilgrimage to Rome where he was baptized to bewail and expiate the guilt of all his former wars bloodshed plunders rapines perplexing his Conscience and there died The first Charter and grant I find extant of any Lands given to the Church after those of Ethelbert King of Kent forecited is that of King Eadbaldus his Son and successour Anno Dom. 616 who being by Gods mercy through the admonition of Archbishop Lawrence converted from the pravity of his life for the Salvation of his soul and hope of a future reward gave to Christ-Church in Canterbury and to the family serving God in that Church his Lands called Edesham with the Fields Woods Pastures and all things thereunto of right appertaining free from all secular
present wherein Donationes omnes confirmatae sunt all these their Donations and Charters were confirmed and likewise in another Synod at London An. 712. A most pregnant evidence that these kings Charters and Donations though ratified by the Pope himself were not valid nor obligatory to their successors or people without their common consent to and confirmation of them in a general Parliamentary Council of the Prelates Nobles Clergy and Laity even by the Popes and these kings own confessions and practice in that age In the year of our Lord 716. Ethelbald king of Mercians by his Charter gave to God the blessed Virgin Saint Bartholomew Kenulphus the whole Isle of Croyland to build a Monastery and confirmed it to them for ever free from all Rent and secular services inde Chartam suam in praesentia Episcoporum Procerumque Regni sui securam statuit all his Bishops and Nobles of his Realm assenting to and ratifying this Charter of his both with the subscriptions of their names and sign of the Cross as well as the King that so it might be firm and irrevocable being his demesne Lands which Charter is at large recorded in the History of Ingulphus About the year of Christ 720. some fabulously write that king Ina took Guala daughter of Cadwallader last king of the Britons to wife with whom he received Wales and Cornwal and the blessed Crown of Britain Whereupon all the English that then were took them wives of the Britons race and all the Britons took them wives of the illustrious blood of the English and Saxons which was done Per commune Concilium et assensum omnium Episcoporum ac Principum Procerum Comitum et omnium Sapientum Seniorum et populorum totius Regni aâ—… General Parliamentary Council Et per praeceptum Regis Inae whereby they became one Nation and People Afâ—er which they all called that the Realm of England which before was called the Realm of Britain and they all ever after stood together united in one for common profit of the Crown of the Realm and with â—…nimous consent most fiercely fought against the Danes and Norwegians and waged most cruel wars with them for the preservation of their Country Lands and Liberties An. 705. King Ina by his Royal Charter granted and confirmed many Lands to the Abbey of Glastonbury endowing that Abbey and the Lands thereto belonging with many large and great Privileges exempting them from all Episcopal Jurisdiction and from all regal exactions and services which are accustomed to be excepted and reserved to wit from Expedition and building and repairing of Castles or Bridges from which they should inviolably remain free and exempted and from all the promulgations and perturbations of Arch-Bishops and Bishops which privileges were formerly granted and confirmed by the ancient Charters of his Predecessors Kâ—…s Kâ—…n â—…alla and Baldred This Charter of his was made and ratified by the consent and subscription not only of king Ina himself but also of Queen Edelburâ—a king Baldrâ—d Adelard the Queens Brother consentientibus etiam omnibus Britanniae Regibus Archiepiscopis Episcopis Ducibus atque Abbatibus all the Kings Archbishops Bishops Dukes and Abbots of Britain consenting likewise thereunto many of which subscribed their names unto it being assembled in a Parliamentary Council for that end King Ina In the year 727. travelling to Rome built there a school for the English to be instructed in the faith granting towards the maintenance of the English Scholars there a penny out of every house within â—his Realm called Romescot or Peter pence to be paid towards it every year All which Things and Tax That they might continue firm for perpetuity Stat 〈◊〉 esâ—generaâ—â— decreâ—o c. were confirmed by a general decree of a Parliamentary Council of his Realm then held for that purpose of which before more largely In the year of our Lord 742. There was a Great Parliamentary Council held at Clovesho or Clysfe where Ethelbald King of Mercia sate President with Cuthbert Archbishop of Canterbury the rest of the Bishops sitting together with them diligently examined things necessary concerning Religion and studiously searched out of the ancient Creeds and institutions of the holy Fathers how things were ordered according to the rule of equity in the beginning of the Churches birth in England whiles they were inquiring after these things and the antient privileges of the Church at last there came to their hands the Liberty and Privileges which King Withred had granted to the Churches in Kent which being read before all by King Ethelbalds command they were all very well pleased therewith and said unanimously That there could not be found any so noble and so prudent a Decree as this formerly made touching Ecclesiastical Discipline and therefore Hoc ab omnibus firmari sanxerunt decreed that it should be confirmed by them all Whereupon King Ethelbald for the salvation of his soul and stability of his kingdome confirmed and subscribed with his own munificent hand That the Liberty Honour Authority and security of Christe Church in all things should be denied by no person but that it should be free from all secular services with all the lands pertaining thereunto except Expedition and building of Bridge and Castle And like as the said King Withred himself ordained those privileges should be observed by him and his so he and this Council commanded they shall continue irrefragably and immutably in all things And if any of our Successors Kings Bishops or Princes shall attempt to infringe this wholsom Decree let him render an account to Almighty God in that terrible day But if any Earl Priests Clerk Deacon or Monk shall resist this Decree let him be deprived of his degree and sequestred from the participation of the body blood of the Lord and alienated from the kingdom of God unless he shall amend with due satisfaction what he hath unjustly done through the evil of Pride Anno 747. There was another Parliamentary Council held at Clovesho or Clyffe under king Ethelbald where the king himself with Cuthbeâ—t Archbishop of Canterbury eleven other Bishops cum Principibus et Ducibus with the Princes and Dukes were present In this Council were some Ecclesiastical Laws and Canons made the last whereof was for Prayers to be publikely made for Kings and Princes incessantly that the People might live a Godly and peaceable life under their pious protection In this Council king Ethelbald renewed and enlarged his former Grant of Privileges to the Churches recited at large in the Marginal Authors the sum whereof is this Plerumque contingere solet pro incertâ futurotum temporum vicissitudine ut ea quae prius multorum fidelium personarum testimonio consilioque roborata fuissent ut fraudulenter per contumaciam plurimorum machinament is simulationis sine ullâ consideratione rationis periculose dissipata essent nisi auctoritate Literarum
Realm and soon after slain by Offa and so dignum finem insidiarum tulit being Author necis of his Sovereign King Ethelbald asuis tutoribus fraudulentèr interfectus as our Historians observe A good Memento for other Traitors and Usurpers treading in his footsteps Qui Regnum Tyrannus invasit per modicum tempus in parva 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 fitting 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 Judges 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 feigned 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 own 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 Aethelwendus Matthew Westminsteâ— Bromton Florentius Wagorniensis 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 Simeon Dunelmensis and Richardus Hagulstaldenâ—is Crudelis exinde Barbarorum manus innulmeris navibus in Angliam 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 Ecclesiâ extracti alii in mare sub hostibus submersi alii Captivi abducti alii detruncati alii aliis tormentis miserabiliter affecti omnes simul interiêrunt Et indè prosiliens flammâ 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 tantum latronum latibula being only Dens of Beasts and Theeves And how many times in hath been wasted depopulated 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 Calâ—huâ— Chalchuthe or Cealtide as Henry Huntindon stiles it In this Council Offa king of Mercians and Kenulphus king of West-Saxons with all their Ecclesiastical and secular Princes Nobles Elders Bishops Abbots were present who all subscribed and consented to the Ecclesiaestical and Temporal Laws and Canons therein made and published being 20 in Number The principle whereof relating 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 Jambertus 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 power and Pride of the Archbishop of Canterb. deprived him in this Council notwithstanding all Jamberts appeals to Pope Adrian of all Lands and Jurisdiction 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 another 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 787 came into 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 Aclith at which time Duke Sigga by wicked Treason flew 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 punishment 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 Ethelred son of Mollo substituted King in his place Whereupon Osred gathering forces together to expel Ethelred which had expulsed him out of his Realm was in his march into it again taken
vengeance pursued this hainous bloody Treachery notwithstanding all his feigned magnified Saintship and works of Charity and Piety for within one year after this bloody fact committed both Queendreda Offa and their Son Egfrid the only joy and pride of his Parents all died and his very kingdom it self was translated from the Mercians to the West-Saxons whom he â—…quered and oppressed O that all men of blood and unjust invaders of others Crowns Realms Possessions by war bloodshed and Treachery would seriously consider this President with all others of this nature both at home and abroad collected to their hands by Sir Walter Raughly in his excellent Preface before his famous History of the World About the year of Christ 797. Cynwolfe or Kenulph King of West-Saxons held a Council wherein he with his Bishops una cum caterva Satraparum and likewise with a great company of his Nobles there assembled writ a Letter to Lullus Bishop of Mentz touching some matters of Religion then in Debate In the year 798. the third of King Kenulph his reign there was a great Parliamentary Synod assemat Pinchamhalch wherein Eanbaldus or Embaldus Archbishop of Yorksate President with very many wise and great Men by whose Wisdom and Justice the Kingdom of Northumberland was then much advanced and renowned Who after they had debated many things concerning the benefit of holy Church and profit of all the Provinces of the People of Northumberland the observation of Easter and of Divine and secular Laws the increase of Gode service and the honours and necessities of the servants of God rehearsed and ratified the faith of the 5 first General Councils concerning the Trinity in brief and pithy expressions sit now to be revived in these times of Heresie and Blasphemy The same year there was another Great Council held at Bacanceld wherein Kenulph King of Mercians sate President Athelardus Archbishop of Canterbury 17 other Bishops sundry Abbots Arch-deacons and other fit persons being there likewise present Wherein by the command of Pope Leo it was decreed That from thenceforth no Laymen should exercise Dominion over the Lords Inheritance and Churches but that they should be governed by Holy Canons and the Rules of their first founders and possessors under pain of Excommunication and that Christ-church in Canterbury should be restored to its antient Metropolitan Jurisdiction Which all the Prelates and Abbots confirmed with their Subscriptions And this year this King consecrated the Church of Winchelcumbe endowing it with great gifts and possessions in a kind of Parliamentary Assembly of 13 Bishops and 10 Dukes where he manumitted and set free at the high Altar Edbert King of Kent surnamed Pren whom he had taken prisoner in Battel Moreover Eanbaldus Archbishop of York this year assembled a Synod at Finchale most likely for the assistance of Eardulfus King of Northumberland against Duke Wadus and other Conspirators who rose up against him whom he vanquished and utterly routed after a long and bloody battle at Bilingeho where many were slain on both sides which History Matthew Westminster couples with this Synod An. 798. King Kenulph in the year 799. By the consent of his Bishops and Priuces at the request of Athelardus Archbishop of Canterbury restored to Christ-Church in Canterbury four parcels of Land which king Offa had formerly taken from it and gave to his Servants free from all secular service and Regal Tribute ratifying this restitution by his Charter signed with the Cross that it might remain inviolable by their concurrent assent There was a Provincial Council held at Clovesho or Clyffe In the year of our Lord 800. by Kenulf king of Mercians Athelwerdus Archbishop of Canterbury and all the Bishops Dukes Abbots â—â—juscunque dignitatis viâ—os and men of all sorts of dignity where after some inquiry how the Catholique Faith was kept and Christian Religion practiced amongst them The Lands which king Offa and king Kenulph had forcibly taken away from Christ-Church with the Nunnery of Cotham and the Hides of Land called Burnam were Synodali Judicio by the Judgement of the Council restored to Christ-Church Et omnium voce Decretum est and It was decreed by the voice of all the Council upon sight of the Books and Deeds there produced before them by the Archbishop that it was just Cotham should be restored to Christ-Church being given to it by King Aethelbald by his Charter of which it had for a long time unjustly been spoiled notwithstanding the frequent complaints made by Archbishop Bregwin and Iambert in every of their Synods In hoc Concilio annuente ipso Rege Athelandus recuper avit dignitates possessiores quas Offa Rex Merciorum abstulerat Iamberto writes Gervasius After which the Archbishop in this Council made this Exchange with Cynedritha then Abbess of Cotham that she and her successors should enjoy all the Lands and Nunnery of Cotham in lieu whereof she should give to him one hundred and ten Hydes of Land in Kent lying in Fleot Tenaham and Creges together with all the writings thereto belonging which exchange was made before confirmed and attested by this Noble Synod that so no Controversie might arise between them their Heirs and Successors or King Offa ' s in future times concerning the same but that they might peaceably injoy them without interruption for ever And more over the Archbishop gave unto Cynedrytha the Monastery called Pretanege which king Egfrid gave to him his heirs Which proves the Gâ—eat Councils and Synods in that age to be Parliaments and that they judicially restored Lands â—â—justly taken away by Kings upon complaint examination anâ— due proof made thereof as well as inquired of errors and abuses in religion In this Councilâ—… conceive i was that Kenulph with his Bishops Dukes et omni sub nostra Ditione Dignatis gradu compiled and â—â—nâ— a Letter to Pope Leo the third promising obedience to his commands requesting that the ancient Canons might be observed and the Jurisdiction and Power of the See of Canterbury which King Offa and Pope Adrian had diminished and divided into two Provinces or Archbishopricks might be restored and united again thereto to avoid Scisms and craving the Popes answer to these their requests which he returned in a special Letter to the King restoring to Athelardus and his successors the Bishopricks substracted from his Province with the Metropolitan Jurisdiction over them as amply as before Hereupon in the year 802. or thereabouts there was another Parliamentary Council assembled at Clovesho wherein the Archbishoprick of Litchfield was dissolved the See of Canterbury restored to its former plenary Metropolitical Jurisdiction according to Pope Leo his Decree By the advice and Decree of the whole Council which commanded in the name of God That no Kings nor Bishops nor Princes neque ullius Tyrannicae potestatis Homines should diminish the honour of the Metropolitical See or presume to divide
it in any particle whatsoever under pain of an Anathema Maranatha which Decree the Archbishop wirh 12 other Bishops subscribed and ratified with the sign of the Cross as they formerly did in the Council of Bechanceld An. 798. And in this Council divers controversies concerning the Lands Limits and Jurisdictions of other Bishops Bishopricks were likewise decided and setled as you may therein â—ead at large Eadburga Daughter to King Offa married Briâ—hric King of the West-Saxons proud of her parentage and match she grew so ambitions â—…solent and Tyrannical that she became odâ—ous not only to all the Prelates Nobles and Courtiers but to the people lâ—kewise For being incited with malice and tyranny she usually accused and execrated to the King all the Nobles of the Realm Ordinaries Bishops and Religious persons and so overcame him by her flatteries that those whom she began to accuse ant vitâ aâ—t Regno privaret she would either deprive of Life or banish them the Realm and if she could not obtain this from the King against them she accustomed to destroy them privily with poison At last An. 802. She preparing poison to destroy a rich and noble Favourite of the Kings whom he extraordinarily lov'd so as she could not banish or destroy him by her false accusations the King casually drinking of the Poison contrary to her intention as well as his Favourite they were both therewith suddenly poisoned and destroyed Wherewith this wicked woman being terrified sled with all her invaluable Treasures beyond the Seas to Charles the Great who for her Lasciviousness in making choice of his Son for her Husband before himself though much inamoured with her transcendent beauty thrust her into a Monastery where soon after she abusing her body by uncleaness in lying with a lewd man was expelled thence forced to beg her bread and ended her days in extreme misery A just judgement of God both upon a Tyrannical Queen and unrighteous King seduced to banish and condemn his Nobles and Subjects unjustly by her solicitations For this her most hainous crime the West-Saxons ordained a Law to the Grand prejudice of all their succeeding Queens That none of them should have either Title Majesty or place of Royalty or Queen Non enim West-Saxones Reginam vel juxta Regem sedere vel Reginae appellatione insigniti pariuntur propter malitiram Badburga quae virâ—m suum Brithicum veneno perdidit juxta Regem sedens omnes Regni Nobiles accusare solebat quos accusare non potuit potu eos venenifero necare consuevit Itaque pro Reginae maleficio omnes conjuraverunt quod nunquam se regnare permitterent qui in praedictis culpabilis inveniretur as William of Malmesbury Asserius Menevensis Matthew Westminster Florentius Wigorniensis and others out of them relate There was a Parliamentary Synod or Council held at Celichuh in the year 816. at which not only Wulfred Archbishop of Canterbury with all his Suffragan Bishops but likewise Kenulf king of Mercians with his Princes Dukes and Nobles and sundry Abbots Priests Deacons and other sacred Orders were present wherein they enacted 11 Constitutions the 6th whereof was this in substance That the Judgements and Decrees of Bishops made in Synods should not be infringed but remain firm and irrefragable being ratified with the sign of the holy Cross by the Kings and Nobles Subscriptions unless perchance the King or Princes deemed the subscriptions of their Antecessors of no force and feared not to reform or cease from this error which shall rest and bring a Curse on them and their heirs The 7th That no Bishops Abbots or Abbesses shall alienate or part with the Lands writings and evidences of their Churches and Monasteries which they are intrusted to keep nisi rationabilis cansa poposcit adjuvari contra invasionem samis Depraedationem Exercitus ad Libertatem obtinendam which causes they reputed reasonable In the year of our Lord 822. there was a Parliamentary Council assembled at Clovesho wherein Beornulph King of Mercians sate President at which Wulfred Arch-bishop of Canterbury with the rest of the Bishops Abbots omniumque dignitatum Optimatibus Ecclesiasticarum scilicet saecularium personarum were present debating things both concerning the benefit and regulation of the Church and defence and safety of the Realm the proper subjects of our present English Parliaments as these words import Utilitatem necessitatem Ecclesiarum Monasterialisque vitae Regulam et observantiam stabilitatem quoque Regni pertractanteâ— In this Parliamentary Council the Proceedings in 3 precedent Councils touching the Complaints of the Archbishops of Canterbury of the Injuries done unto them in taking away the Lands of the Church by their Kings and Officers with the proceedings thereupon are at large recited which I shall here transcribe because generally unknown to most and best discovering the proceedings of our antient Parliamentary Councils in Cases of this nature of any Council I have met with in that Age and those which next proceeded or succeeded it All the said persons in the said Council sitting down quietly together it was inquired by them quomodo quis cum Justitia sit tractatus seu quis injustè sit spoliatus In what manner any one had been handled with justice or if any one had been unjustly spoiled Whereupon amids other things there acted and spoken it was shewed That Archbishop Wulfred by the mis-information and enmity and violence and avarice of king Kenulph had suffered many injuries and was most unjustly deprived of his just dominations as well by those things which were done unto him amongst us here in England as by those things which were brought against him to the See Apostolick by the procurement of the foresaid King Kenulph by which accusations and discords not only the fore-named Archbishop but also the whole English Nation for almost six years space was deprived of its primordial authority and of the Ministry of sacred Baptism Above all these things the said king Kenulph at a certain time with his Council coming to the City of London appointed a day with great indignation wherein the Archbishop should come unto him whither when he came the King commanded that relinquishing all his goods he should speedily depart out of England without hopes of returning any more neither by the command of our Lord the Pope neither by the intreaties of the Emperour nor of any other person unless he would consent to his will in demising to him a farm of 300 Hides of Land called Leogeneâ—ham and moreover would give to the said King one hundred and twenty pounds in money This reconciliation the said Wulfred refusing long contradicted and when the friends of the man of God and Nobles of the King who loved him very much perceived the rapacity and violence of the King they importuned the Arch-bishop that he would consent to the Kings will upon this condition that the King should relinquish the
desirous to provide for the peace and quiet of the Abbey and to declare and enlarge their Privileges The King thereupon commanded Radbott Sheriff of Lincoln and the rest of his Officers in those parts to go round about describe and set forth the bounds of their Isle of Croylan and of the Marishes thereunto belonging and faithfully and clearly to demonstrate them to him and his Council wherever they should be the last day of Easter next ensuing Who fulfilling his command openly presented an exact description of their Boundaries to the King and his Council which bounds are recited at large in Ingulphus keeping their Easter at Kingsbury Anno 851. Whereupon the king in this Parliamentary Council at Kingsbury in Hebdomada Paschae pro Regni negotiis congregati In Recompensationem tamen aliquam pecuniae direptae to make some kind of Recompence of the Mony he had formerly taken from the Abbey by the Common Council of his whole Realm by his Charter made and ratified in this Council wherein he makes this recital touching this money as if they had freely â—ent it to him in his necessities though the Historian relates he took it away by forâ—… Gratias Debitas â—â—obis omnibus dignissimè redâ—o pro pecuniâ quâ me peâ—…os dudum praetereuntem in me à maximâ indigen 〈…〉 contra Paganorum violentiam gratissimo liberalissimo animo defovistis granted unto them That the bounds of their Sanctuary and liberties should extend 20 foot in breadth beyond the farthest banks of their grounds compassing their Iland And 20 foot from the water it self where ever their fugitive servants should ascend to draw their nets or do their other necessary businesses and that this Sanctuary for fugitives should extend to all the Marishes where they had Common for their Cattle and that if their Cattel through tempest theft or other misfortune strayed beyond these limits into the fields adjoyning their fugitive servants might pursue and fetch them back thence without any seisure or danger sub mutilatione membri magis dilecti si quis istud privilegium meum in aliquo temerè violaret After which he confirmed all the Lands and privileges formerly granted to this Abbey by Kings Earls or other persons particularly recited in this Charter which was made granted by the common consent sent and advice of this whole Parl. Council of the Bishops and Nobles of the Realm as these Clauses in the Charter abundantly attest Cum communi concilio totius Regni mei concedo Consentientibus omnibus Praelatis Proceribus meis concedo cum communi Concilio gratuitoque consensu omnium Magnatum Regni mei concedo complacuit unanimiter mihi ac universo Concilio vestra omnia loca mei authoritate Regii Chirograpi confirmare Unanimo consensu totius presentis Concilii hic apud Kingsbury Anno incarnationis Christi Dom. 855. feria sexta in hebdomada Paschae pro Regni negotiis congregati istud meum Regium Chirographum sanctae crucis signo stabiliter immutabiliter confirmavi After which the Archbishop of Canterbury with other Bishops 3 Abbots 2 Dukes 3 Earls with Oslat Ambassadour of King Ethelwulf and his Sons in their Names and the Name of the West-Saxons subscribed and ratified this Charter affixing the sign of the Cross and their names thereto as you may read at large in Ingulphus That this Parliamentary Council and the former at Beningdon were principally summoned for the defence of the Realm against the invading Danes who then incessantly molested it and that this was the chief of those Regni negotiis for which they were assembled is evident by this publick prayer of the Kings then subscribed under this Charter Ego Bertulphus Rex Merciorum palam omnibus Praelatis Proceribus Regni mei divinam deprecor Majestatem quatenus per â—intercessionem sanctishmi Confessoris sui sancti Guthlaci omniumque sanctorum suorum dimittat mihi omni populo meo peccata nostra sicut per aperta miracula sua dignatus est misericordiam suam sic super Paganos hostes suos dare nobis dignetur omni certamine victoriam post praesentis vitae fragilem cursum in consortio sanctorum suorum gloriam sempiternam Amen After which Ingulphus subjoyns this Monkish miracle relating the order of the proceedings in this Council the sole end for which I cite it God wrought in this Council to the honour of his most holy Confessor Guthlac a most famous miracle whereby the devotion of the whole Land now more lukewarm than ordinary to goe in pilgrimage to Croyland might thenceforth become more frequent and by all ways through all Countiâ—s might dayly be revived for whereas a certain disease like to a Palsie this year afflicted all England the Nerves of Men Women and Children being smitten with a sudden and excessive cold their veins swelling and growing harder the which no remedy of cloathes could prevent and especially the Arms and hands of men being made useless and altogether withred in which disease like a fore-running most certain Messenger thereof an intollerable pain pre-occupated the Member so growing ill It hapned in this Council that many as well of the greater as lesser ranck were sick of this Malady cum regni negotia proponerentur and when as the businesses of the Realm were to be proposed Lord Celnoth Archbishop of Canterbury who was vexed with this disease openly counselled Divina negotia deberi primitus proponi sic humana negotia Christi suffragante gratia finem prosperum posse â—ortiri Assentientibus universis c. That Divine businesses ought first of all to be proposed and so humane business through the suffrage of Christs grace might obtain a prosperous end All assenting thereunto when Lord Siward then Abbot of Croyland was inquired for because in Councils and Synods for his great eloquence and holy Religion he had been as it were a divine interpreter for many years and the most gratious Expositor and Promotor of innumerable businesses of the whole Clergy who by reason of his great old age was not present but by Frier Askillus his fellow Monk he excused his absence with a most humble Letter by the burden of his long old age King Bertulph himself remembring the former complaint of the Church of Croyland openly related before the Council the Injuries frequently done to the Lord Abbot Siward and to his Monastery of Croyland by the foolish fury of their Adversaries and commanded that Remedy should be provided and Decreed by common advice When as therefore this business was in agitation amongst them Petitio Domini Siwardi the first Petition I meet with of this Nature to and in our Parliamentary Councils and the Petition of the Lord Abbâ—t Siward concerning the same delivered by the foresaid Frier Askillus had run from hand to hand of the Prelates and Nobles of the whole Council and one advised one thing another another Lord
Ceolnoth Archbishop of Canterbury cried out with a loud voice that he was healed of his disease and perfectly recovered by the merits of the most holy Confessor of Christ most blessed Guthlac whose businesses were then handling in their hands likewise many other most potent men in the said Council cryed out as well Prelates as Nobles that they had been sick of that disease but now by Gods Grace and the merits of most holy Guthlac they felt no pain in any of their Members through the said malady And all of them presently bound their Consciences with a most strict vow to visit the most sacred Tomb of most holy Guthlac at Croyland with devout pilgrimage so soon as they could Wherefore our Lord King Bertulf commanded the Bishop of London who was then accounted the best Notary and most eloquent speaker who being moreover touched with the same disease now predicated with greatest joy that he was healed to take the Privileges of Croyland into his hands and that he should insist to honour his Physicitian S. Guthlac with his hand writing prout consilium slatueret as the Council should ordain which also was done Therefore in the Subscriptions of the Kings Charter afore-mentioned the Archbishop of Canterbury Coolnoth confesseth himfelf whole and sound St. Swithin Bishop of Winchester rejoyceth concerning the Lords Miracles Alstan Bishop of Sherburn and Orkenwald of Lichenfeld give thanks for the successes of the Church and Rethunus Bishop of Leicester professeth himself a Servant to St. Guthlac so long as he lived Uuniversique Concilii Optimates And all the Nobles of the Council with a most ardent affection yeelded obedience to the Kings benevolent affection towards St. Guthlac In all things From all which precedent passages in these two Councils it is apparent First That the Parliamentary Councils of that Age consisted only of the King spiritual and temporal Lords and Peers without any Knights of Shires or Burgesses of which we find no mention in this or any other former or succeeding Councils in the Saxons times though sometimes Wise-men of inferior quality both of the Clergie and Laity were particularly summoned to them without any popular election by the Kings special direction for their advice 2ly That all Divine and Ecclesiastical matters touching God Religion and the Church and all affairs of the Realm of publique concernment relating to war or peace were debated consulted of setled in Parliamentary Councils 3ly That the businesses of God and the Church were there in usually first debated and setled before the affairs of the kingdom of which they ought to have precedency 4ly That all private grievances injuries and oppressions done by the King his Officers or other private persons to the Church or other men were usually complained of and redressed in Parliamentary Councils by the advice and judgement of the King and Peers and that either upon the parties Petition setting forth his grievances or a relation made thereof by the King or some other Prelate or Nobleman before the whole Council 5ly That what could not be redressed in one great Council was in the next succeeding Council revived and redressed according to the merits of the cause 6ly That no Peer nor Member of the great Council might absent himself in those times but upon just and lawfull excuse which he ought humbly to signifie to the King and Council by a special Messenger and Letter as Abbot Siward did here 7ly That all Members of the Council had free liberty of Debate and Vote in all businesses complained of or proposed to them and a negative as well as an affirmative voice 8ly That all businesses then were propounded and debated before all the Council and resolved by them all not in private Committees 9ly That our Kings in those days in Cases of necessity could not lawfully seise their subjects monies and plate against their wills to raise Soldiers to resist invading forein Enemies but only borrow them by their free consents and held themselves bound to restore or recompence the monies lent or taken by them in such exigencies with thankfull acknowledgement 10. That our Kings in that age could not grant away their Crown lands create or in large Sanctuaries or exempt any Abbies from Taxes and publique payments or impose any publique Taxes on their Subjects but by Charters or grants made and ratified in and by their great Councils Anno 854. King Aethelulf gave the tenth part of his Realm to God and his Saints free from all secular services exactions and Tributes by this Charter made and confirmed by the advice and free assent of all the Bishops and Nobles throughout the Realm then assembled in a Great Council to oppose the invading plundering Danes Regnante in perpetnum domino nostro Jesu Christo in nostris temporibus bellorum incendia direptiones opum nostrarum vastantium crudelissimas hostium barbarorum paganorumque gentium multiplices tribulationes affligentium usque ad internecionem cernimus tempota incumbere periculosa Quamobrem ego Aethelulfus Rex Occidentaliâ—m Saxonum cum Consilio Episcoporum ac Principum meorum Consilium salubre arque uniforme reme iâ—m â—…avi ut aliquam portionem Terrae meae Deo beatae Mariae omnibus sanctis Iure perpetuo possidendam concedam Decimam scilicet partem terrae meae 〈…〉 et libera ab omnibus servitiis secularibus nec non Regalibus Tributis Majoribus et Minoribus seu Taxationibus quae nos 〈…〉 appeâ—…amus Sitque omnium rerum libera pro remissione apimarum preccarorum meorum â—…erviendâ—m soli Deo sine expeditione et pontis constructione arcis munitione ut â—o diligentius â—…o nobis preces ad Deum â—â—e cessatione funâ—anâ— quo eorum servitutem in aliquo levigamus The Copies in our Historians vary in some expressions and in the dare of this Charter some placing it in Anno 855. others Anno 865. This Charter as Ingulphus records was made at Winchester Novemb. 3. Anno. 855. praesentibus subscribentibus Archiepiscopis Angliae universis nec non Burredo Merciae Edmundi East-Anglorum rege Abbatum Abbatissarum Ducum Comitum Procerumque totius terrae aliorumque fidelium infinita multitudine Dignitates vero sua nomina subscripserunt After which for a greater Confirmation the King offered the Written Charter up to God upon the Altar of St. Peter where the Bishops received it and after sent it into all their Diocesses to be published and hereupon the Bishops of Sherburne and Winchester with the Abbots and religious persons on whom the said benefits were bestowed decreed That on every Wednesday in every Church all the Friers and Nuns should sing 50 Psalms and every Priest 2 Masses one for the King and an other for his Captains It is observable first That the Parliamentary Council wherein this Charter was made and ratified by common consent and this exemption and tenth granted was principally called to resist the invading plundering Danes 2ly
his temporal Armes humbly prayed the Father Son and Holy Ghost to give him constancy in his passion Then the Danish Souldiers seising on him brought him from the Church before Hinguar by whose command he was tyed to a tree hard by cruelly whipped a long time then shot through with Darts wherewith his Body was stuck full after which being taken from the tree his Head was cut off from his Body with a bloody sword by the Barbarous Executioner appointed for that purpose and so he died a most glorious Martyr for his Kingdom Country Subjects and Religion to whose memory a famous Monastery was after built Of which William of Malmesbury de Gestis Regum l. 2. c. 13. p. 89. gives this Relation Quibus Artibus Edmundus ita sibi omnis Britanniae devinxit incolas ut beatum se in primis astruat qui Coenobium illius vel nummo vel valenti illustraret Ipsi quoque Reges aliorum Domini servos se illius gloriantur coronam ei regiam missitant magno si uri volunt redimentes commercio Exactores vectigalium qui alibi Bacchantur fas nefasque juxta metientes ibi supplices cira â—ssa um sancti Edmundi litigationes sistunt experti multorum paenam qui perseverandum putarunt which I wish our Tax-Exactors and Excisers would now remember Whiles the Danes were thus wasting the Kingdoms of Northumberland and the East-Saxons with Fier and Sword and martyring King Edmund Beorred king of Mercians was busied in warring against the Britains who infested the Western parts of his Realm But hearing the Danes had invaded the Eastern part of his Kingdom he came to London and gathering a great Army together matching with it through the Eastern quarters of his Realm he applyed the whole Isle of Ely to his Exchequor taking into his hands all the lands formerly belonging to the Monastery of Medehamsted lying between Stamford Huntindon and Wisebeck assigning the Lands more remote lying scattered through the Country to his Souldiers The like he did with the Lands of the Monastery of St. Pega of Rikirk retaining certain of them to himself and giving some of them to his Souldiers And the like did he with the Lands of all other Monasteries destroyed totally by the Danes whose Lands by Law escheated to the Crown and those Lords whose predecessors founded and endowed them by the slaughter and chasing away of all the Monks Nuns burning of the Monasteries whose Lands thereupon were resumed and confilcated to the Kings Exchequer Et cum caetera Monasteria per Danorum ferocitatem funditus destructa Regali fisco fuerant ascripta denuo et assumpta omnibus Monachis eoru 〈◊〉 necatis perditis seu penitus fugatis as Ingulphus informs us of the Reason yet many of the Monks of Croyland escaping the Danes fury and returning soon after thither again electing a new Abbot and repairing their Monastery by degrees as well as that exigency would permit thereupon they enjoyed the sight of the whole Abby and the Isle of Croyland with the self same Liberties and Privileges they had from the beginning aischardged from all secular services during all the time of this their desolation the Danish wars till the time of its restoration after that till Ingulphus time as he records Notwithstanding because many of the Monks were slain and the Abby burnt down demolished by the Danes King Reorred thereupon seised some of their lands into his own hands gave other of their Lands more remote from the Abby to his stipendiary Soldiers And although venerable Abbot Godric took very much paines frequently demanding restitution of them both from King Beorred his Souldiers and very often shewed the Charters of the Donors the confirmations of former Kings together with his own proper Charter to this Kings yet he received always nothing but empty words from him them whereupon he at last utterly despaired of their restitution Perceiving therefore the overmuch malice of the times et Militiam Regis Terrarum cupidissimam and the Kings Militia and Soldiers most covetous of Lands he resolved with himself in conclusion to passe by these Royal Donations Surdo Tempore in a deaf time being over-glad rejoycing that the Kings grace had granted the whole Island lying round about the Monastery unto it free and discharged from all Regal exactions much more specially to him then at that time which had not happened to many otheâ— Monasteries There departed therefore at that time from the Monastery of Croyland these possessions which never returned to this present day The Mannor of Spalding given to Earl Adelwulfe with all its appurtinances The Mannor of Deeping given to Langfer a Knight or Souldier and the Kings Baker with all its appurtenances The Mannor of Croxton given to Fernod a Knight or Souldier the Kings Ensign-bearer with all its appurtenances The Mannors of Kerketon and Kimerby in Lindesy with all their appurtenances given to Earl Turgot but Bukenhale and Halington then appropriated to the Exchequer were afterwards restored to the said Monastory by the Industry of Turketulus Abbot of Croyland and the gift of most pious King Edred the Restorer of them with 12 other Mannors named by Ingulf belonging to Croyland quas Rex Beorred us Fisco suo assumserat Which King Beorred had then assumed in his Exehequor After which K. Beorred passing with his Army into Lindesey Latissimas Terras Monisterio Bardney totally ruined by the Danes Dudum Pertinentes Fisco suo accepit remotas vero in diversis patriâ—s divisas jacentes Militibus suis dedit But mark the issue At last the Danes returning into Mercia Anno 874. wasting and spoiling all the Country with fire and sword and destroying all Churches and Monasteries King Beorred when he beheld all the Land of England in every corner thereof wasted with the slaughters and rapines of these Barbarians vel de victoriâ desperans vel tot laborum Labyrinthum fastidiens either despairing of victory or loathing the labyrinth of so many troubles left the Kingdom and went to Rome where he died few days after and was there buried in the English School and his Wife following after him died in her way to Rome Some write he was driven out of his kingdom by the Danes Here upon the Danes Anno 874. substituted in his place in the Realm of Mercia one Ceolwulfus a servant of King Beorreds an Eglishman by Nation sed Barbarus impietate but a Barbarian in impiety For he swore fealty and gave pledges to the Danes Quod tributa imposita eis fidelitèr persolveret that he would faithfully pay unto them the Tributes they imposed and that whensoever they would redemand the Kingdom committed to him He would resign it without any Resistance under pain of losing his Head Whereupon he as Ingulphus records going round about the Land paucos Rusticos relictos excoriavit Mercatores absorbuit Viduas Orphanos oppressit
religiosos omnes tanquam conscios thesanrorum innumeris torment is afflixit plucked off the Skins of the few Countrymen that were left swallowed up the Merchants oppressed the Widows and Orphans and afflicted all Religious Persons as conscious of hidden Treasures with innumerable torments whence amongst very many evils he did Impoposing a Tribute of a thousand pounds upon Godric the venerable Abbot of Croyland and his miserable Freers he almost undid the Monastery of Croyland For no man after that by reason of the overmuch Poverty of the place would come to conversion Yea Abbot Godric being unable to sustain his professed Monks dispersed many of the Monks amongst their Parents and other Friends of the Monastery through all the Country very few remaining with him in the Monastery and protracting their life in greatest want Then all the Chalices of the said Monastery except 3. and all the silver Vessels besides the Crucible of King Withlasius and other Jewels very precious being changed into Mony or sold for Mony were scarce able to satisfie the unsatiable covetousness of Ceolwulfe the Vice-roy who at last by his Lords the Danes most just in this after all his Rapines and Oppressions of the People by unjust Taxes and imposts was deposed and stripped naked of all his ill-gotten Treasure even to his very Privities and so ended his life most miserably And the Kingdom also of the Mercians at this very time King Alfred prevailing against the Danes was united to the Kingdom of the West-Saxons and remained so united ever after when it had continued a Kingdom from the first year of Penda the first King thereof to the last times of this miserable Viceroy Ceolwulph about 230 years Of which Kingdom William of Malmesbury thus concludes Ita Principatus Merciorum qui per tumidam gentilis viri insaniam subitó effloruit tunc per miseram semiviri ignaviam omninó emarcuit Anno Dom. 875. though Speed post-dotes its period in the year 886. Whence it is observable that unjust Rapines Taxes Oppressions speedily suddenly destroy both Kings and Kingdoms The next year following Anno 876. Halden king of the Danes seising upon the seditious kingdom of Northumberland sibi eam suisque Ministris distribuit illamque ab exercitu suo coli fecit auobus Annis totally dispossessing the seditious murtherous Northumberlanders thereof who but a little before had expelled both their King and Archbishop out of their Realm This Halden and his Souldiers miserably wasted and destroyed the Churches of God in those parts for which the wrath of God suddenly fâ—â—ll upon Halden who was not only struck with madnesse of mind but with such a most loathsome disease in his body which much tormented him that the intollerable stink thereof made him so odious loathsome to his whole Army that being contemned and cast out by them all he fled away from Tine only with three Ships and soon after perished with all his Plundering Sacrilegious Followers The Danes elected Guthred king in his stead possessing this seditious Realm of Northumberland till dispossessed of it by king Edmund An. 944. who then annexed it to his kingdom Our Noble Saxon King Alfred the first anointed king of England as glorious for his most excellent Laws transcendent Justice and civil Government as for his Martial Exploits Victories and for his incomparable Piety and extraordinary bounty to the Clergy and Learned men comming to the Crown Anno Dom. 871 in the years 873 874 and sundry years following by common consent of his Wise men commanded long Ships and Gallies to be built throughout the Realm and furnished with Mariners to guard the Se as and encounter the Danish Ships and Pirates which then infested and wasted the Realm from time to time whose forces he often encountred as well by Sea as by Land with various success At last having obtained the Monarchy of all England and received their Homages and Oaths of Fealty to him he appointed special Guardians to guard the Seas and Sea-costs in all places Whereby he very much freed the Land from the Danes devastations Abour the year 887. even in the midst of his wars when Laws use to be silent he compiled a body of Ecclesiastical and Canon Laws out of the sacred Scriptures and the Laws which his pious predecessors Ina Offa and Ethelbert had religiously made and observed antiquating some of them retaining reforming others of them and adding some new Laws of his own by the advice and counsel of his wisemen of the most prudent of his Subjects the observation of which Laws was enjoyned by the consent of them all Wherein certain fines and penalties were prescribed for most particular offences which might not be altered or exceeded Amongst other Laws as Andrew Horn and others record this King and his Wisemen ordained That a Parliament twice every year and oftner in time of Peace should be called together at London that therein they might make Laws and Ordinances to keep the People of God from sin that they might live in peace and receive right and Justice by certain customs and Holy Judgements and not be ruled in an arbitrary manner but by stable known Laws And it was then agreed that the King should have the Soveraignty of all the Land unto the midst of the Sea invironing the Land as belonging of Right to the Soveraign Jurisdiction of the Crown This King by appointing Hundreds and Tithings throughout the Realm with Constables and Tithing men who were to take sureties or pledges for the good behaviour of all within their Jurisdictions or else the hundred to answer all offences injuries therein committed both to the party and king caused such a general peace throughout the Realm and such security from Robbers and plunderers even in those times of war That he would hang up golden bracelers in the High-ways and none durst touch them and a Gâ—ri might have travelled safely laden with Gold from one end of the Realm to the other without any violence Matthew Westminster and Florence of Worcester record That he spent a great part of his time in Compositione legum Quibus Milvorum Rapacitatem Reprimeretur simplex â—ndeâ—â—um devotio â—irmaretur And amongst many other memorable acts of his Justice as he frequently examined the Judgements and Proceedings of his Judges and Justices severely checking them when they gave any illegal Judgement against Law and Right meerly out of Ignorance of which they were to purge themselves by Oath that they could judge no better so he severely punished them when they thus offended out of Corruption Partiality and Malice Andrew Horn in his Mirrour of Justices records That he hanged up no less than 44 of his Judges and Justices in one year as Murtherers and Capital Offenders princicipally for their false Judgements in condemning and executing sundry of his people against Law without any lawfull tryal by their Peeres or Verdict and Iudgement by
Deo conservabitur ubi Lucrum impium et magis falsum diligitur Ideo debenâ— omnes amâ—â—â— Dei quod iniquum eâ—â— enervare quod jnstum est elevare non paâ—i ut propter falsum et pecuniae quaestum se forisfaciant homineâ— ergà vere sapiâ—nâ—em Deum cui displiceâ— omnis injustitia Which I wish all our unrighteous covâ—â—ous â—ax-masters Excisers and Exacters would now seriously consider After which it followsâ— Christianis autem omnibus necessarium est ut rectum diligant ut iniqua condemnent et saltem sacris Ordinibus erecti justum semper erigant et prava deponant Hinc debent Episcopi cum saecâ—li Judicibus interesse Judiciis ne permittant si possint ut illinc aliqua praviâ—atum germina pullulaverint And to avoid all arbitrary proceedings oppressions and Injustice in all things this Council by positive Laws ascertains all sines amerciaments imprisonments and corporal punishments for criminal oâ—fences from which the Judges might not vary And withall defines what Armes every man should find in those times of war against the Danes and other Enemies by his positive Law Lex 21. Sax. 16. Omnis homo habebit duos homines cum bonis equis de omni Carucâ King Ethelstane after this Council at Grately what years is not expressed assembled several other Parliamentary Councils at Exeter Fevresham and Thunderfeld wherein he and his Wisemen by common consent confirmed the Laws made at Grately altering some of them in certain particulars and adding some new Laws unto them as you may read at large in Bromton and as the first Chapter and this Prologue to those Laws assure us Haec sunt Judicia quae Sapientes Exoniae consilio Adelstani Regis instituerunt iterumâ—â—â—ud Fevresham et tertia vice aâ—ud Thundresfeldiam ubi hoc deâ—â—nitum stmul et conâ—â—ematum est et hoc imprimis est ut observentur omnia Judicia quae apud Grateleyam imposita fuerint praeter mercatum Civitatis et Dieâ— Dominicae The Cause of making these new Laws and confirming the old was a Complaint â—o 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 omninò 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 and peace of the Country together with his pardon for fore-past offences which they upon debate assenting to and drawing up into sundry heads returned to the King for his Royal assent with this memorable Gratulatory Prologue which most truly representing unto us the proceedings in the great Councils of that Age I thought meet entirely to transcribe Karissime Episcopi tui de Kent omnis Kentescire Thayni Comites Villani tibi Domino dilectissimo suo gratias agunt quod nobis de pace nostra praecipere voluisti de commodo nostro perquirere consulere quia magnum opus est inde nobis divitibus Egenis Et hoc incepimus quanta diligentia potuimus consilio horum Sapientum quos ad nos misisti unde Karissime Domine primum est de nostra decima ad quam valdè cupidi sumus voluntarii tibi supplices gratias agimus admonitionis tuae Secundum est de pace nostrá quam omnis populus teneri desiderat sicut apud Grateleyam Sapientes tui posuerunt et sicut etiam nunc dictum est in Concilio apud Fefresham Tertium est quod gratiant omnes misericorditur Hermerum dominum suum de dono quod forisfactis hominibus concessisti hoc est quod pardonatur omnibus forisfactura de quocunque furto quod antè Concilium de Fefresham factum fuit eo tenore quo semper deinceps ab omni malo quiescant et omne latrocinium confiteantur et emendent hinc ad Augustum Quartum Ne aliquis recipiat hominem alterius sine licentia ipsius cui prius folgavit nec intra marcam nec extra et etiam ne Dominus libero homini hlasocnam interdicat si rectè custodierit eum Quintum Qui ex hoc discedat sit dignus eorum quae â—in scripto pacis habentur quod apud Grateleyam institutum est Sextum si aliquis homo sit adeo dives vel tantae parentelae quod castigari non possit vel illud cessare nolit ut efficias qualiter abstrahatur in aliam partem regni tui sicut dictum est in occiduis partibus sit alterutrum quod sit sit Comitum sit Villanorum Septimum est ut omnis homo teneaâ— homines suos in side jussione suâ contrà omne furtum Si tunc sit aliquis qui tot homines habeat quod non sufficiat omnes custodire praepositum talem praeponat sibi singulis villis qui credibilis ei sit qui concredat hominibus Et si praepositis alicui eorum hominum concredere non audeat inveniat XII plegios cognationis suae qui ei stent in side jussione Et si Dominus vel praepositus vel aliquis hoc infringat vel abhinc exeat sit dignus eorum quae apud Grateleyam dicta sunt nisi Regi magis placeat alia justitia Octavum Quod omnibus placuit de scutorum opere sicut dixisti Precamur Domine misericordiam tuam sit in hoc sit in alterutrum velnimis velminus ut hoc emendare Jubeas juxta velle tuum Et nos devotè parati sumus ad omnia quae nobis praecipere velis quae unquam aliquatenus implere valeamus After this there was another kind of Parliamentary Council held at London not long after that another at Thithamberig wherein many consultations were had propositions made for suppression punishment of Theeves and keeping of the peace which the Justices Commissioners and others appointed to keep the peace and to take sureties of all men to the keeping thereof concluded upon at London and after submitted to the Kings Council to enlarge or alter as he should see cause Who thereupon made some alteration and miâ—igation at Thithamberig of what the King thought over-severe in putting to dea h those who were above 12 years of Age for 12d value as these passages attest declaring the proceedings of that Parliamentary Council h Hoc consultum
est quod Episcopi et praepositi qui Londoniensi Curiae pertinent edixerunt jurejurando confirmaverunt in suo Fridgildo Comites villani in adjectione judiciorum quae apud Grateleyam Exoniam instituta sunt iterum apud Thundresfeldam Cap. 1. Et est imprimis haec non parcatur alicui latroni supra 12 Annos et supra 12 d. de quo verè fuerit inquisitum quod reus sit quin occidatur capiatur omne quod habet c. Cap 14. Nec tacendum est vel praetereundum si dominus noster vel praepositorum nostrorum aliquis ullum Augmentum excogitare possit ad nostrum Fridgildum ut hoc gratanter excipiamus sicut nobis omnibus convenit nostrum necesse sit in Deo confidimus et regni nostri Domino Cap. 15. Si totum hoc ita complere volumus res totius populi meliorabitur contra fures quam antea fuit si remissius egerimus de pace vadiis quae simul dedimus quam Rex nobis praecipit timere possumus vel magis scire quod fures isti regnabunt plus quam antè fecerunt si fidem teneamus et pacem sicut domino nostro placeat quia magnum opus est ut insistamus et peragamus quo◠ipse velit et si amplius praecipiat cum omni jocunditate et de votione parati sum us Cap. 17. Item quod Sapientes omnes dederunt vadium suum insimul Archiepiscopo apud Thundresfeldam quando Ealpheagus Scyb et Brithnodus Odonis filius veneruut ad Concilium ex ore Regis ut omnis praepositus vadium capiat in suo comitatu de pace servandâ sicut Adelstanus Rex apud Fefresham et quartâ vice apud Thundresfeldam coram Archiepiscopo et Episcopis et Sapientibus quas ipse Rex nominavit qui interfuerunt et judicia conservaverunt Quae in hoc Concilio fuerunt instituta c. Cap. 18. Item quod Adelstanus Rex praecepit Episcopis suis et praepositis omnibus in toto Regno suo ut pacem ita custodiant sicut recitavit et Sapientes sui Cap. 19. Item Rex dixit nunc iterum apud Thitlan◠birig Sapientibus suis et praecepit ostendi Atchiepiscopo et caeteris Episcopis quod ei miserabile videtur quod aliquis tà m juvenis occidatur vel protà m parvâ re sicut innotuit ei quod ubique fiebat dixit itaque Quod ei videbatur et eis cum quibus hoc egerat ne aliquis occidatur junior quam quindecim Annorum nisi se defendere velit vel aufugere et in manus ire velit ut tunc deducatur sic major sit minor qualiscunque sit si se dederit ponatur in Carcere sicut apud Greateleyam dictum est et per idem redimatur c. Praecepit Rex ne aliquis occidatur pro minori precio quam 12 d. nisi fugiat vel repugnet ne dubitetur tunc licet minus Si haec ita conservemus in Domino Deo confidimus quod pax nostra melior erit quam antea fuit As these passages demonstrate the proceedings of the Parliamenrary Councils in that Age unknown to most for which end I have transcribed them at large so they clearly prove that Theeves or Felons much lesse other English Freemen could not be imprisoned killed put to death fined or ransommed but by special Acts and Laws made in General Parliamentary Councils nor any Laws made enacted or altered in such Councils but by the Kings Royal Assent thereto who then frequently summoned them and all the Members ofthem by writ and nomination without the Peoples Election Henry de Knyghton de Eventibus Angliae l. 1. c. 5. and some other fabulous Authors relate that in the eighth year of King Aethelstans reign Olaus King of Denmark Golanus King of Norwey and the Duke of Normandy with 8 Dukes and 5 hundred thousand Souldiers arived in England bringing with them out of Africa A Giant called Colybrand the strongest and most famous at that time throughout the World Whereupon King Aethelstan hearing of their comming Congregavit Magnates assembled his Noblemen at Winchester to advice with them how they might resist the Enemies and fight with them in Battel Thar whiles king Aethelstan vacaret tali Coneilio et congregatione populi sui in Wintonia the foresaid kings came upon him with their Army and besieged him Cum Baronia sua with his Batons in that City for two years space Neither durst the English sight with them by reason of their multitude and Power In the mean time they made this Agteement 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 last God by an Angel from Heaven directed the King to sind 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 and precedent Propositions William of Malmesbury and others out of him record that Elfrid a Noble man who opposed Aethelstans Title to the Crown though in vain intended to have seized on him at Winchester and put out his eyes but his Treason being discovered before it came to the Accomplishment he was taken and sent to Rome to purge himself by Oath where before the Altar of St. Peter and Pope Iohn the 10th he 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 Pope sent to the king to advise what he should do with him and whether he should allow him burial with other Christian Corps The king hereupon assembling a Council of his Nobles to advise about it Optimates Regionis the Nobles of the Realm with a great Company of Elfrids kindred earnestly requested of the King with great humility that his body might
be committed to Christian Burial The King consenting to their Request acquainted the Pope therewith who granted him Christian Burial though unworthy Hereupon the Nobles adjudged all his Lands and Possessions great and small to the King who by their consent granted and confirmed them all to the Abby of Malmesbury by his Charter wherin he recites Sciant Sapientes regionis Nostrae non has praefatas 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 Petro dedi donatur nec Justius novi quam Deo et sancto Petro hanc possessionem dare qâ—i aemulum meum in conspecta omnium cadere fecerunt et mihi prosperitatem Regni largiti sunt To which Malmesbury subjoyns In his Verbis Regis sapientiam et piotatem 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 Elfrid being a Peer of the Realm dying perjured as asoresaid was adjudged to forfeir all his Lands for Treason after his death only by his Peers in a Parliamentary Council and that if the king had seized on them without their judgement it had been an unjust Rapine by his own Confession but being legally confiscaâ—ed to him by their Judgement it was no Rapine but Justice for him to seize 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 exhibuisset Which intimates that this King consulted with an assembly of his Nobles 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 refused many Bishopricks offered him by the King Tanquam tendiculas Satanae ad animas everâ—endas 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 â—ugâ—… pro patria maximè contra Paganos licite quisque possit He esteeming the slaughter of such â—agan Enemies in defence ef his Country lawfull and no murther nor maim King Aeckelstan deceasing without iâ—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 yea ranked amongst the Royal Palaâ—ines 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 sâ—eep 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 to Glastonbury and made him Abbot thereof Presently after Anlaffe 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 perfidious and rebellious Northumberlanders who instantly revolted to him and elected him for their King Whereupon he marching Southward with 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 Waâ—lingstreet and Edmund all the Southern part thereof during their joynt Lives and the Survivor of them enjoy the whole Realm after the others decease But Anlaffe soon after wasting the Church of St. Balter and burning Tivinagham with fire was presently seised on by Gods avenging Judgement 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 dignified with a Pastoral staff who continuing all together 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 for 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 homines quorum â—ullus potest per Legem impignorare contra aliquod Iudicium Primus est Rex ubi non poterit secundum Legem in Liâ—e 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 not 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 Judgements against them in any Courts of Justice 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 his Souldiers one of them called Scula who afflicted the miserable Inhabitants with Grievous and 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 Et 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 contemned 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 Confestor to annul those proud Tyrants Threats who was then comming into the place where they were praying having one foot within the Door and the other without in which posture he stood there immovably fixed as if both his feet had been nayled being able neither to go out nor come in but standing immovable till being long thus tortured he there gave up his miserable soul in the place with which example all others being terrified would no further presâ—me by any means to invade the Land nor any thing else belonging of right to the Church Anno 941. the Rebellions o Northumberlanders preferring disloyalty before the Feaâ—ty which they owed unto Magnificent Edmund King of England elected Anlaff King of the Norwegiâ—ns for their King Son to the former Anlaff who perishing suddenly for his Sacrilege as aforesaidâ— he and Reginald the Son of Garthfrith after their Baptism breaking their faith and Agreement with King Edmund by invading his Dominions Edmund thereupon by force of Armes expelled them both out of the Realm of Northumberland and united it to his own kingdom and wrested Lincoln Nottingham Dorby Leicester and Stamford out of the hands oâ— the Usurping insolent oppresting Danes with all Mercia subduing and reducing the Monarchy of all England unto himself exâ—irpating all the Pagan Danes with their infidelity restoring Christianity to its Lustre and the English to their Possessions and Liberties The year following he wasted and subdued all Cumberland and pillaged the people of all their goods And because the people of that Country were perfidam legibus insolitam perfidious and unaccustomed to Laws so that he could not totally subdue and civilize them having harrowed it with his Army and put out the eyes of the two sons of Dummail King thereof he gave the Country to Malcolm King of Scots to be held of himself upon this Condition that he should assist him and defend the Northern parts of England by Land and Sea from the Incursions of invading Enemies This King Edmund after the Conquest and Expulsion of his Enemies by the advise of Dunston and his Chancellour Turketulus made good Lawes and ordinances Ecclesiastical and Civil for the Government of his Realm for which purpose about the year of our Lord 944 he assembled a Parliamentary Council of the Clergy Laity at London to consult and advise with them in the making of his Lawes Which the Proems to them thus expresâ—e Edmundus Rex ipso solenni Pascatis festo Frequentem Londini tam Ecclesiasticorum quam Laicorum Caetum celebravit as one version out of the Saxon Or Congregavit magnam Synodum Dei ordinis et saeculi as another translation renders it cui interfuit Odo et VVulstanus Archiepiscopi et alii plures Episcopi ut animorum suorum et eorum omnium qui eis curae sunt consuleretur saluti And this Proem of King Edmund himself thus seconds Ego Edmundus Rex omnibus qui in ditione ac potestate meâ sunt senibus juvenibus clarè signisico Me à scientissimis Regni mei in celebri Ecclesiasticorum quam Laicorum frequentiâ studiosè requisivisse quo tandem pacto Christiana proveheretur sides c. Or Mando praecipio omni populo Seniorum Juniorum qui in Regione measunt Ea quae Investigans Investigavi cum Sapientibus Clericis Laicis In this Council there were three parcels of Laws made the one meerly Ecclesiastical the other meerly Civil the third mixt of boâ—h And in this Council I conceive the Constitutions of Archbishop Odo were read and ratified The greatest parâ— of the Civil Laws there made were against Murder bloodshed fighting breach of Peace Thefâ— and Perjury In the last parcel of these Laws cap. 5. The King gives God and them thanks for assisting him in making these Laws in these words Maximas autem Deo vobis omnibus ago gratias Qui me auxilio vestro in hac pacis quam nunc ad profligandos sures sancivimus Lege adjuvistis ac vehementèr consido eo vos propensius Nobis in posterum opitulaturos quo hujus Decreti observatio magis videbitur necessaria About the same year 944. this King assembled another Parliamentary Council of his Bishops and Wisemen at Culinton where they enacted 7 other Laws Principally against Theeves together with an Oath of Allegiance to king Edmund thus prefaced Haec est Institutio quam Edmunds Rex Episcopi sui cum Sapientibus suis instituerunt apud Culintoniam de pace Juramento faciendo The two first of these Laws I shall transcribe as pertinent to my Theam Cap. 1. Imprimis ut omnes jurent in nomine Domini pro quo sanctum illud sanctum est fidelitatem Edmuudo Regi Sicut Homo debet esse fidelis Domino suo sine omni controversiâ seditione in manifesto in occulto in amando quod amabit Nolendo quod noluit et antequam Iuramentum hoc dabitur ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo Cap. 2. Vult etiam ut ubi sur pro certo cognoscetur Twelfhindi et Twifhindi that is meu of
night silence this voice was heard from God That they should crown Edgar King though but then a youth who rejoyced with this Divine Oracle most likely by the Monks and Dunstans Legerdemain the Divine Oracle that uttered it spcedily advanced Edgar to be King being but 16 years old and so he was elected and crowned King by a divine Oracle which never hapned to any King of England in former times Upon Edgars Coronation and Dunstans reâ—…tion An. 959. K. Edwin reigning in a decayed Estate living in little Esteem and without being desired for very grieâ— thereof as some write he died after he had for 4 years space Libidinosè simul Tyrannicè â—ustfully and also Tyrannically depressed the Realm of England Others affirm that he was deprived both of his Life and Kingdom by the Rebellion of his Subjects But his Monkish O posites record that he was taken away by an untimely Death by Gods Just Judgement in the year of our Lord 959. Whereupon his Brother Edgar ab omni populo electus being elected king by all the people united the kingdom into one and obtained the intire Monarchy of the Realm the kings of Cumberland Scotland and Wales voluntarily submitting and doing homage to him without any effusion of blood or war King Edgar About the year of our Lord 963. contrived the death of Earl Ethelwald who as some Authors aver against his trust had cheated him of Elfrida only Daughter of Ordgarus Duke of Devonshire the Paragon of her Sex by disparaging her beanty to the king and marrying her to himself After which the king being extraordinarily ravished with the true report and sight of her transcendent beauty thereupon as Bromtons Chronicle relates statim post octo dies Rex Parliamentum suum apud Sarisberiam convocaviâ— Ubi cunctis suis Proceribus congregatis de custodia terrae Northumbriae qualiter contra ingressum Danorum melius posset custodiri tractaverunt inter quos Ethelwolfus ad Custodiam Eboraci parriae adjacentis in illo erat Concilio deputatus A clear Evidence That Matters of defence against Common Enemies and Guardians of the Sea-coasts against the Danes Invasions were then debated and setled by the King and his Nobles in Parl. then usually summoned by our Kings for that end Hereupon Earl Ethel wolfe travelling through the Forrest of Werewell towards his new VVardship was there cruely assaulted and murdered by some unknown armed perâ—ons there placed in ambuscado by the king as was commonly reported and as some relate by king Edgar himself who shot him through with an Arrow as they were there hunting together The slain Earls Bastard-Son being there present beholding hiâ— dead Corps the king demanded of him how such a hunting pleased him who answered very well my Lord and King for that which pleaseth you ought not to displease me which answer so pacified this king sâ—veâ—…ing mind that he loved no person more entirely all his life than this Young man Tyrannici facti offensam in Patrem sedulitate Regiâ in filium allevans writes Malmesbury This being done the king with great joy bringing Alfrida to London there espoused her and the same day both of them wore a golden Crown adorned with precious pearls on their heads Hereupon Arch-bishop Dunstan the next morning boldly rushing into the kings Bedchamber whiles they were both in Bed together demanded of the king what Woman he had lying in bed with him who answered that it was his Queen Dunstan by way of rebuke replyed That he could not marry or retain her as his wife without offending God and the Laws of the Church because he had been Godfather to her Son often admonishing the king that he would put her away and be divorced from her VVhich he by reason of his ardent love towards her and unsatiable lust with her would by no means hearken to Anno 964. King Edgar heating of a Nun of incomparable beauty in the Monastery of Wilton named Wilfrida a Dukes Daughter took her out of the Nunnery and frequently admitted her to his Bed VVich being commonly blazed abroad Arch bishop Dunstan understanding of it with great passion and indignation of mind came to the king who seeing the Archbishop arose from the Royal Throne to take him by the hand and give him place But Dunstan refused to take him by the hand and with a stern countenance bending his Browes spake thus unto him Thou that hast not feared to corrupt a Virgin espoused to Christ presumest thou to touch the consecrated hands of a Bishop Thou hast defiled the Spouse of thy Maker and thinkest thou by flattering service to pacifie the Friend of the Bridegroom No Sir his Friend will not I be who hath Christ for his Enemy c. The king terrified with these and other thundering words of Dunstan and compuncted with inward repentance for his perpetrated sin fell down at Dunstans feet weeping who raising him up again from the ground began to relate unto him the hainousness of the fact And finding the king ready to undergoe what ever satisfaction he should lay upon him injoyned him this following Penance for 7 years space That during these seven years he should wear no Crown That he should fast twice every VVeek That he should liberally distribute the Treasures left him by his Ancestors to the poor That he should build a Monastery of Nuns at Shastesbury That as he had robbed God of one Virgin through his transgression so should he again restore many to him in time to come Moreover That he should expel Clerks of evil lives meaning secular Priests who had VVives and Children out of Churches and place Covents of Monks in their room That he shoulo enact just Laws such as were acceptable to God and command the people to observe them through all parts of the Realm VVhich the king promising effectually to perform was there upon absolved and vigorously set himself to execute what he had promised Hereupon in the year 966. King Edgar founded the Monastery of Hyde near Winchester filled it with Monks endowed them with large privileges and possessions exempting them from all secular services whatsoever but these rata expeditione Pontis Arcisve constructione praescribed several Laws and Canons for the Monks thereof to observe made by advice and consent of his Bishops and Nobles and ratified by his Royal Charter subscribed by himself his two sons Prince Edmund and Edward his Queen Grandmother both the Archbishops 9 Bishops 5 Abbots 3 Dukes and sundry others with the sign of the Cross annexed to their names In which Charter there is this solemn curse donounced against all the infringers and perverters thereof Si quis autem hanc nostram Donationem in aliud quam constituimus transferre voluerit privatus consorâ—io sanctae Dei Ecclesiae aeternis Barathri incendiis lugubris jugiter cum Juda Christi proditore ejusque complicibus puniatur si non satisfactione emendaverit congrua
Life He was no respecter of persons in judgement 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 Covenan and Obâ—… of one Law Governing them all with such Justice Equity Integrity and Peace that he was sâ—iâ—eâ— Rex 〈◊〉 Edgarus Pacificus the peaceable King Edgar In his days not Torments not Gibbeâ—s not Exile 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 as 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 dreaded 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 days 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 those 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 Foremers 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 the Northern Coasts and then sayling with the Northern Fleet to the South pius sâ—iâ—icet explorator ne quid Piratae turbarent After his return from the Sea in the Winter and Spring he used to ride in Progress through all the Counties of the Realm diligently to search and inquire how his Laws Statutes Ordinances were kept and observed by his Princes Great Men and Of ficers lest the Poorer sort of people should suffer prejudice or be oppressed by the Greater Richer And whether his Judges or Justices judged uprightly according to the Laws or injured any through Bribery Malice or Partiality Violati Juris severus Ultor being a severe Revenger of his violated Laws sparing neither Rich nor Poor but judging him justly according to the quality of his transgression In hoc Justitiae in ilâ—o fortitudinis in utrâ—que Reipublicae Regni utilitatibus consulens as Wiliam of Malmesbury and Flor. of Worcester report of him Et ideo tempore suo latrones nulli fuerunt nec aliquis qui Guerram vel turbationem in Regno movere audebat Merito ergo non infirma inter Anglos fama est nullum nec ejus nec superioris aetatis Regem in Anglia recto aequabili judicio Edgaro comparandum He being Flos et Decus antecessorum Regum non minus memorabils Anglis quam Romulus Romanis Cyrus Persis Alex. Macedoniis Arsaces Parthis Carolus Magnus Francis as Malmesbury Abbot Ethelred Florentius VVigorniensis Simcon Dunelmensis Henry Huntindon Matthew VVestminster and others record of him who are much more copious in his prayses Mr. Fox closeth up his Encomiums of him with this Speech As I see many things in this worthy Prince to be commended so this one thing in him I cannot but lament to see him like a Phoenix to fly alone that of all his Posterity so few there be that seek to keep him company Towards the end of his Reign the Welchmen moving some rebellion he thereupon assembled a mighty Army to suppress and prevent it wherewith he entring into the Country of Glamorgan sharply punished the Ringleaders thereof But his Souldiers doing great harm in plundering the Country lading themselves with spoyls the King out of his bounty commanded them to restore to the People all the spoyls they had gotten and more especially St. Ellutus Bell that was hanged about an Horses neck whereby he purchased singular love and honor from the Inhabitants At length after he had reigned thus 16 years and two months in great tranquillity and honor totum regnum sanctis legibus stâ—enuâ— gubernantem as Eadmerus relaâ—es of him he died happily oâ— â—uesday the 8 of July Anno 975. Nec potuit malè mori qui benè vixerat qui tot Ecclesias Deo fundaverat qui tot bona perennia brevi tempore statuerat as Henry Arch-Deacon of Huntingdon observes who bestowed this honourable Epitaph on him remembred also by others Auctor opum vindex scelerum largitor honorum Sceptifer Edgarus Regna superna petit Hic alter Solomon legum Pater Orbita Pacis Quod caruit bellis claruit inde magis Temâ—â—◠〈◊〉 〈◊〉 〈◊〉 dedit agros Nequitiae lapsum justiciaeque locum Novâ—â— enim Regno verum per quâ—rere falso Immensum modico perpetuumque brevi Immediately after his death Res et spes Anglorum retro sublapsae sunt totius Regni status est perturbatus et post tempus laetitiae quod illius tempore vigebat pacificè caepiâ— tribulatio undique advenire as Malmesbury Wigorniensis Hoveden Simeon Dunelmensis and Bromton observe such an incomparable loâ—s was the death of so just pious and prudent a King to the whole Nation qui juventutis vitia posteà magnis virtutibâ—s delevit when most others do quite contrary King Edgar at the time of his decease leaving behind him two Sons by two venters Edward his eldest Son by Queen Ethelfleda his first Wife then but 12. years old and Ethelred his second Son by his second Queen Elfreda then not much above 7. years of age Tâ—… arose a great contention amongst the Nobles of the Realm about choosing of a new King For Queen Elfreda with
Son Ethelred to the Throne Which when she had a long time meditated upon she opened the Secrets of her heart to some of her chief Counsellours advising with them concerning it and earnestly intreating yea conjuring them to assent to her therein and to find out some means to effect it Cui protenus in necem illius omnes conseuserunt who all forthwith consented to his Murder and contrived how they might most speedily accomplish it by some fraudulent device which they soon after executed in this manner King Edward hunting for his disport in the Forest near VVarham hearing that his Brother Ethelred whom he intirely loved was near that place residing then with his Morher at Corph-Castle some stile it Cornesgate rode thither to visâ—t him with very few attendants who either casually or of see purpose lingring behind him sporting in the way he came alone to the Castle gate Queen Elfrida who had a long time waited for such an opportunity being informed thereof went presently to meet him with her bloody Assassinate s and welcoming him with flattering Speeches and a pleasant countenance importuned him to lodge there that night which oâ—â—er he with thanks refused saying he desired only to see and speak with his brother but would not alight from his horse Whereupon she commanded a Cup of Wine to be speedily brought him to drink appointing one of her boldest Souldiers to kill him whiles he was drinking VVho kissing the king like another Judas under a pretext of love to take away all suspition so soon as the Cup was at his mouth stabbed him presently into the Bowels with a knife King Edward feeling himself wounded set spurs to his Horse thinking to escape to his own faithfull followers but the wound being mortal he fell from his Horse dead and one of his feet hanging in the Stirrop he was dragged up and down through the Mire and Fields and at last left there dead near Cerf Gate VVhâ—ch his wicked Stepmother hearing of commanded her most wicked Servant to drag him by the Heels like a beast and throw him into a little Cottage hard by that the fact might not be discovered After which she commanded his Corps to be privily taken from thence lest this her most execrable work of darkness should be discovered and buried in an obscure bushy morish place where it should no more be found by any Most of our Historians write that he was obscurely buried at VVearham without any Royal State Ac si cum Corpore paritèr Memoriam sepellissent invidentes ei sespidâ—m cui vivo inviderunt decus Regium So Malmsbury or as Matthew Westminster descants on it Invidebant enim mortuo Ecclesiasticam concedere Sepulturam Cni videnti decus Regium auferebant And not content herewith they made 〈…〉 than which nothing could be more cruel That no Man should lament or speak of his death thinking thereby utterly to â—elete his memory But contrary to their expectation God by a supernatural light from heaven shining on the place and sundry Miracles there wrought 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 cum fine Regio honore apud Warham ut sicut vitam ejus extinxerant ita et nomen ejus extinguerent hic vero compertum est contra divinam providentiam non sufficere praâ—um 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 vulgatum 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 â—adgaro in regno terreno filius ejus Edwardus successit Qui injuste ab impiis interfectus tum 〈◊〉 sanctitatem tum ob mortis aâ—â—â—bitatem Sancti Nomen et Meritum Deo donante promâ—ruit 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 Because 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 uutil thy Kingdom shall be translated to another Realm and Nation whose Customs and Language that Nation over which thou reignest knoweth not qu eoâ— in ultimâ—m redâ—gat servâ—tutem who shalâ— reduce them into the extremest Bondage for conspiring with thy ignominious Mother against the Bloud of thy Brother Neither shaâ— thy fin nor the sin of thy Mother Nor the sin of those who were privy to her wicked Counsell that they might stretch â—ut 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 sorts of flashings and colours vanished about the morning The very next year following the barbarous Danes invaded England burnt Sonthampton killing and carrying away
nisi corde carâ—reâ— Unde Importabilis Tributi pensio imposita Angliae fortunas provincialium ad solum usque destruxit Henry Huntindon and the Chronicle of Bromton pass this verdict against and deduce this memorable observation from this Tribute Edelredi Regis Anno 13. Primo statuerunt Angli which intimates it to be 〈…〉 Parliamentary Council Concilio infausto Siricii Archiepiscopi quod ipsi censum Dacis persolverent quatenus à rapinis caede ceâ—â—arent â—…eis decem mille libras Hoc antem malum usque in hodiernum diem duravit et diu nisi Dei Pietas subveniat durabit Regibus namque nostris modo persolvimus ex consuetudine quod Dacis persolvebatur ex ineffabili terrore To which Bromton Ranulphus Censtrensis and Henry de Knyghton immediately subjoyn Dacis Tributum annuum solvunt Primo anno 10 milia librarum Secundo anno 16 millia librarum Tertio anno 20 millia librarum Quarto anno 24 millia Quinto anno 40. millia librarum dâ—nec tandem pecunâ—a deficiente iterum tenderent ad Rapinas Et tunc Noâ—… depraedaâ—es et Londoniam obsidenteâ— Coegerunt regem tributum dare Mat. Parker Archbishop of Cauterbury thus censures this ill advice of his Predecessor Siricius pacem Christianis ab infidelibus Dacis 10. librarum millibus redemit Ad ignominiam sane peneque perniciem totius Regni Mr. John Fox inâ—orms us That King Ethelred being glâ—d to grant the Danes great sums of money for peace gave himself to polling of his Subjects and disinheriting them of their possessions and caused them to redeem the same again with great sums of money For that he paid great Tributes to the Danes yearly which â—as called Danegelt Which Tribute so increased that from the first Tribute of 10000 l. it was brought at last in processe of 5. or 6. years to 40000 l. The which yearly Tribute until the coming of St. Edward and after was levied of the people of the Land Moreover for lack of Justice many Theeves Rioters and Bribers were in the land with much misery and mischief To which sorrow moreover was joyâ—ed hunger and penury besides a bloudy flux feavers mortality murrain amongst cattel c. amongst the Commons insomuch that every one of them was constrained to pick and steal from others So that what for the pillage of the Danes and what by inward Theeves and Bribers this Land was brought into great affliction Albeit the greatest cause of this affliction as it seemeth to me is not so much to be imputed to the King as to the dissention among the Lords themselves who dâ— not agrée one with another but when they assembled in Consultation together either they did draw divers wayes or if any thing were agreed upon any matter of peace between the parties soon it was broken again or else if any good thing were devised for the prejudice of the Enemy even the Danes were warned thereof by some of the same Council John Speed in his Hist of Great Britain relates That King Ethelred could not redress the evils occasioned by the prosperous Danes successes who lay in the land like unto Grashoppers his strengths being small and his Subjects affections lâ—ss Theâ—eforâ— calling to counsell the Statesmen and Peers demanded their Advics what was best to be done Some few of these profeâ—ed the King their assistance but more of them perswaded to a composition whereof Siricius Archbishop of Canterbury was chief and in fine ten thousand pounds paid to the Danes for their departure This golden mine once entred was more eagerly digged into by those still thirsting Danes who finding the branch so beneficial at first hoped the vein in following would prove farr more beneficial and therefore regardless of promise the next year prepared themselves again for England and with a great Fleet dâ—spâ—â—ched to Sea The News whereof struck such terror into the English hearts that despairing of hope they accounted themselves the Bondslaves of Misery and were enforced to compound a peace with them with the payment of 16000 pounds which they at last mounted to 40000 or 48000 pounds till it emptied the Land of all her coin the Kingdom of her Glory the Nobiâ—ity of their Courage the Commons of their Content and the Soveraign of his wonted Respect and Observation A pattern of our age and times Samuel Dâ—mel gives us this Censure of this first unworthy heavy Tax Ethelred in the end was fain seeing he could not prevail with the sword to assail them with money and bought a peace for 10000 pounds which God wot proved after a very dear penny-worth to the Commonwealth Shewing the seller thereof how much was in his power and the buyer at how bad a rate his necessity was to be served and yet not sure of his bargain longer than the Contractor would Who having found the benefit of this market raised the price therof almost every year And yet had not Ethelred what he paid for the land in one part or other being never free from spoil and invasion but rather were more oppressed both by the Dane and by this Taxation which was the first we find in our Annals laid upon the Kingdom and with heavy grievance raised in a poor distressed State continuing many Ages after the occasion was extinct And in the end though in anoâ—her 〈◊〉 became the usual Supplement in the Dangers of the Kingdom and the Occasions of Princes And hereby Ethelred enlarged the means and desires of the Enemy so that at length came Swaine King of Denmark and Anlafe King of Norwey in person as if likewise to receive him for committing outrage and were both returned with great summs And many years it was not ere Swaine returned again to raise new summs by new afflictions and tormenting here this poor turmoiled people more than ever receives a fee for bloudshed to the summ of 48000 l. Granted in the General Assembly of the States at London and a Peace or rather paction of servitude concluded From these passages of our Historians it is most evident 1. That this Tax of ten thousand pounds to the Danes was the very first we find imposed on the English Nation An. Domini 991 being never subject to any publike Civil Tax til then for ought appears by History 2. That this Tax was then imposed and after reimposed augmented on the Nation only by common advice grant and consent of the King Prelates and Nobles assembled in a publike and Parliamentary Council 3. That the original ground of granting it was base degenerous cowardise or unmanly fear and sluggishness both in the King Nobles and People and that by the very unlucky imprudent ill Council and advice of an Archprelate Siricius Archbishop of Canterbury being the ptinciple adviser of it 4ly That it was originally paid not to a lawfull Native Soveraign king for defence of the Nation but to a forein invading prevailing victorious Danish Enemy to
purchase peace and be quit of future troubles and Invasions 5ly That when this was first imposed it was with a belief and resolution never to reiterate or draw it again into custom or president in succeeding ages and that only to satisfie a covetous invading Enemy for the present without any thoughts that it would but strengthen or encourage their Enemies to new invasions and Tributes of this Nature doubled and trebled on the Nation afterwards Yet loe the contrary sad effects of this ill president advice 1. It is within few years after several times drawn into Use and Custom again 2. It is every time increased augmented more than other till it amounted to 4 times as much as it was at first 3. It did but impoverish weaken the English themselves and much strengthen encourage their Danish Enemies and keep them still under their Vassalage Whereas so much mony or less raised and spent for their own defence against the Danes would probably have expulsed and beaten them home to their own Country with losse and so have prevented their future invasion 4ly After the Danes were quite expelled and the occasion of this tax quite extinct yet it then became a usual constant suppliment to our Kings for sundry ages after upon all occasions and was the only ground-work pattern of all the heavy publike Shipmony Taxes Aids Impositions Payments under which the people have suffered in all succeeding ages till this present It is very dangerous therefore for Parliaments or Statesmen upon any extraordinary pressing Necessity to lay any new Taxes Tributes or Imposts on the people and most perillous for the people voluntarily to submit unto their payment for being but once or twice granted imposed paid and made a President they are hardly ever abolished or conjured down again but kept still on foot upon some pretext or other yea oft doubled trebled and quadrupled by degrees to the peoples grand oppression and undoing as we may see by this old President of Danegelt and the late sad Presidents of oâ—r new imposed Excises Imposts Monethly Contributioâ—s raised from 20 to 30 40 50 60 100 and 120 thousand pounds amonth and the Excise from thousands to Millions and so continued for sundry years without hope of end or ease the only blessed liberty which we have hitherto purchased with all our Prayers Tears Fasts Counsels Treasures wars and whole Oceans of Christian blood I shall therfore desire our late and present Tax-Masters Excisers if they be not now past all shame sadly to consider how much more burthensome and injurious they have been are now to their native Christian English Brethren than the Barbarous Pagan fore in invading Danes were then to their predecesâ—ors in that they by their own authority without any lawfull grant or Act by a free Parliament impose on their Brethrens exhausted purses and estates no less than 60 or 120 thousand pounds every Moneth besides Excises Imposts Customes amounting to much more when as the barbarous fore in Danes exacted of them only by their own common consent in free Parliamentary Councils only ten thousand pounds in one year at first and then 16000 24000 30000 40000 or 48000 l. at the utmost for several whole years Tribute without any Excise Imposts or other Customs Which meditation me thinks should now induce them to mitigate release cease our long continued uncessant Taxes Excises Imposts or at least to reduce them to the Danes highest annual proportion of 48000 thousand pounds lest the whole Nation and Posterity repute them more oppressive barbarous tyrannical to their Christian Countrymen now than the worst of the forein Pagan Danish Invaders were heretofore and greater present Enemies to their Native Country than the Danes then were to our Progenitors The self same year there being some difference between King Ethelred and Richard Marquess of Normaâ—dy he thereupon slew and pillaged all the English passing through his Country and affronted King Ethelred with frequent injuries Pope John the 15. hereupon sent Leo his Legate with exhortatory Letters to make peace between them who coming with them to King Ethelred on Christmass day Anno 901. the King â—â—on receit of the Popes Letters Accersitis cunctis sui Regni fidelibus utriusque ordinis Sapientioribus Assembling all the Wisest men of his Realm of both Orders for the love and fear of Almighty God and St. Peter the Prince of the Apostles granted and estabished a most firm peace with all his Sons and Daughters present and to come and with all his Lieges without guile In pursuance whereof the King sent Edelfinus Bishop of Sherburn with two other persons of quality into Normandy to the Marquess Who upon receit of the Popes Admonitions and hearing of the kings Decree with a willing mind confirwed the said Peace with his Sons and Daughters present and to come and with all his Subjects upon this reasonable condition That if any os them or they themselves should perpetrate any unjust thing against the other it should be expiated with eondign reparation Which Peace that it might remain perpetually firm was ratified by the Oaths of the Commissioners of both parts at Rhoan in March following Here we have a Peace advised ratified by the direction of a Parliamentary Great Council recorded at large by Malmsbury The last clause whereof was this Et de hominibus Regis vel de inimicis suis nullum Richardus recipiat nec Rex de suis sine Sigillo eorum King Ethelred in the year 992. hearing that the Danes intended a new invasion of England and that they had sent a great Fleet to Sea contrary to their former Agreement the year before assembled a Council of his Nobles to consult how to resist them What the result of their consultation was Florence of Worcester thus records Consilio jussuque Regis Anglorum Etheiredi Procerumque suorum de tota Anglia robustiores Londoniae congregatae sunt Naves By the Counsel and command of Ethelbert king of England and of his Nobles all the strongest Ships were assembled together at London out of all England which the king furnishing with choice Souldiers made Duke Alfric Duke Thorold Alstan and Aescwiâ— two Bishops Admirals over them commanding them if by any means they could to take the Danish Army and Fleet by invironing them in some part But Duke Alfric formerly banished forgiven and now made chief Admiral turning Traytor both to his king and Country first sends a secret Messenger to the Danes to acquaint them with the designs against them intreating them to prevent the ambushes prepared to surprize them whereby they escaped the hands of the English After which when the English and Danes were ready to encounter each other in a Sea-fight Alfric fled secretly to the Danish Fleet the night before and by reason of the instant danger fled away shamefully with them The kings Navy pursuing them took and pillaged one of the Danish Ships slaying all the men therein But
the London ships meeting with the other Danish Pirates as they were flying fought with them slew many thousands of the Danes and took Duke Alfric his Ship with the Souldiers and Armes himself hardly escaping as Wigorniensis and Matthew Westminster relate But Huntind Bromton write that the Danes recruiting their Navy met and fought with the kings Navy flew many of the Londoners triumphantly took whole armed Ships and Duke Alfric who was in them whom the king should not have trusted according to the antient saying Quem femel gravitèr laeseris non facile tiâ—i fidelem credideris For this Treason of Alfric the king caused the Eyes of his Son Algar to be put out Unae odium infamia eâ—us crudelitatis adaucta est as Huntindon and others observe The next year 993. the Danish Fleet entring Humber wasted the Country of Northumberland and Lindesey burning the Villages slaying the people and pillaging their goods Whereupon great mulâ—itudes of the people of that Country assembling together resolved and hastned to fight with them but when they were ready to give them battel Frena Frithgist and Godwin their Captains being of Danish Progeny proving treacherous to their followers perswaded them to fly and fled first themselves Notwithstanding the Country as Malmesbury Speed and others write being unable to digest their intollerable insolence and plunders fell upon the Danes slew many of them and chased away the rest to defend their Lives Liberties and Estates Anno 994. Swane king of Denmark and Anlafe king of Norwey with 94 Ships sailed up to London besieged and fiercely assaulted the City thinking to take it but the Citizens so manfully defended it that they repulsed the Danes thence with great loss Who thereupon turning their fury upon the Counties of Essex Kent Sussex and Southampton so greivously wasted them with fire and sword burning the Villages and slaying the Inhabitants that King Ethelred Conâ—llio Procerum suorum by the Council of his Nobles assembled together for that end as Wigorniensis Matthew Westminster Hoveden Simeon Dunelmensis and others write sent Embassadours to them promising to give them Tribute and Wages and Money upon this condition that they should desist from their cruelty Who thereupon condescending to the kings request returned to their Ships and drawing all their Army together unto Southampton wintered there To whom a Tribute of fixteen thousand pounds was given and paid out of all England that they should cease from their rapines and slaughters of innocent persons After this agreement King Anlaf tepaired to Andover to King Ethelred where he received baptism Ethelred being his Godfather and bestowing great gifts upon him Heteupon Anlaf entred into a League with him promising to return into his own Countrey and never after to return into England with an Army Which promise he faithfully observed The Articles of the Agreement between King Ethelred and him are at large recorded in the Chronicle of Bromton Col. 899 900. being made by advice of all his Wisemen asâ—embled in a Parliamentary Council as this Title to them intimates Haec sunt verba Pacis et Prolocutionis quas Ethelredus Rex et omnes Sapientes ejus cum exercitu firmaverunt qui cum Anaâ—anâ— et Justino et Gudermundo Stegiarâ— filio venit The Articles of the Peace between them are X in the Saxon but XI in the Latin Copy The perfidious Danes violating their former agreement Anno 997. came with a great Fleet and Army into the mouth of Severn wasted and laid waste and desolate Northwales and most of the West and South parts of England no man resisting them gaining an extraordinary great booty and Wintring about Tavestock The next year 998. They entring the river oâ— Frome wasted and spoiled Dorsetshire the Isle of Wight and Sussex over and over living upon their spoils whereupon the English many times assembled an Army to resist and expell them but so often as they were about to give them battel Angli aut insidiis aut aliquo infortunio impediti terga verterunt et hostibus victoriam dederunt most of the Nobles of England secretly favouring the Danes and not loving Ethelred quia Alfrida mater sua pro ipso liberius in regno substituendo sanctum Edwardum fratrem suum dolosè extinxerat as Bromton and others atteâ— Anno 999. The Danish fleet entring the river of Medway besieged Rochester and wasted Kent The Kentish men uniting their forces fought a sharp battel with them wherein many were slain on both sides but the Danes winning the field horsed their foot on the horses they gained and miserably wasted all the West part of Kent Which King Ethelred being informeâ— of suorum Primatum Consilio et classem et pedestrem congregavit exercitum by the advice of his Nobles he asâ—embled a Navy and foot Army to encounter them But whiles the ships were preparing the Captains of the Army delaying from day to day their begun leâ—yes and undertakings Grievously vexed the People In conclusion neither the Navy nor Army did any thing at all for the peoples benefit or defence praeâ—er populi laborem pecuniae peâ—ditionem hostium incitationem as Florentius Wigorniensis Roger Hoveden and others observe Hereupon King Ethelred Anno 1000. for the better defence of his Realm resolved to take to wiâ—e Emma daughter of Richard Earl of Normandy who was then most valiant and formidable to the whole Realm of France For he saw himself and his Subjects very much weakned and did not a little fear their future overthrow Hoc autem Dei nuâ—u factum esse constat ut veniret contra improbos malum Genti enim Anglorum quam sceleribus suis exigentibus disterminare proposuerat sicut et ipsi Brittones peccatis accusantibus humiliaverant Dominus omnipotens duplicem contritionem proposuit et quasi militares insidias adhibuit Scilicet ut hinc Dacorum persecutione saeviente illinc Normannorum conjunctione accrescente si ab Dacorum manifesta fulminatione evaderent Normannorum improvisam cum fortitudine cautelam non evaderent Quod in sequentibus apparuit cum ex hac conjunctione Regis Anglorum et filiae Ducis Normannorum Angliam JUSTE secundum jus Gentium Normanni et calumniati sunt et adepti sunt Praedixit etiam eis quidam vir Dei quod ex scelerum suorum immanitate non solum quia semper caediet proditioni studuebant verum etiam quia semper ebrietaâ—â— et negligentiae domus Domini dediti erant eis insperatum à Francia adventurum Dominium quod et eorum excellentiam in aeternum deprimeret et honorem sine termino restitutionis eventilaret Praedixit etiam quod non ea gens solum verum et Scottorum quos vilissimos habebant eâ—s ad emeritam confusionem dominaretur Praedixit nihilominus varium adeò seculum creandum ut varietas quae in mentibus hominum latebat et in actibus patebat multimoda variatione vestium et
indumentorum designaretur Hac igitur providentia cum Legatoriis ad Ducem Normannorum missis Rex Anglorum suae petitionis concessionem obtinuisset Statutâ— tempore tanto digno ministerio ad Dominam suam recipiendam et adducendam Proceres Anglorum mittuntur in Normanniam quae longo et digno regibus apparatu dirigentur in Angliam Thus Henry Archdeacon of Huntindon Radulphus Cistrensis Bromton and others out of them vrite of this Norman maâ—ch as the ground-work of translating the Goverment in succeeding times from the Saxons to the Normans for the Saxons sinnes forenamed This same year the Danish Fleet sailing into Normandy and pillaging it King Ethelred hearing of it marched with a great Army into Cumberland and the Northern parrs which had revolted to the Danes and where their greatest Colony was where he vanquished the Danes in a great battel and wasted pillaged most of all the Country Which done he commanded his Navy to sail round about the North parts of Wales and to meet him at an appointed place which by reason of cross winds they could not doe yet they wasted and took the Isle of Man which success somewhat raised and encouraged the dejected spirits of the English and encreased the Kings reputation with them In the years 1001. The Danish Fleet returning from Normandy entred the river of Ex and besieged Exceter which the Citizens manfully defending repulsed them with great loss from their walls Wherewith they being extremely enraged marched through all Devonshire burning the villages wasting the fields and slaying the people without distinction of age or sex after their usual manner Whereupon the inhabitants of Devon Somerset and Dorsetshires uniting their forces in a Body in a Place called Penho gave them battel but being overpowred by the multitude of the Danes who farr exceeded them both in number and military skill they were forced to slie and many of them slain The Danes there upon getting their horses harrowed Devonshire farr worse than before and returned with a great booty to their ships Whence steering their conrse to the Isle of Wight they preyed sometimes upon it sometimes upon Hampshire other times upon Dorsetshire no man resisting them Destroying the men with the sword and the Villages and Towns with fire in such sort ut cum illis nec classica manus navali nec pedestris exercitus certare audeat praello terrestri for which cause the King and People were overwhelmed with unspeakable grief and sadness In this sad perplexity King Ethelred Anno 1002. Habito consilio cum regni sui Primatibus as Florentius Wigorniensis Simeon Dunelmensis Radulphus de Dicetâ— Roger Hoveden and others express it or Consilio Primatum suorum as Mat. Westminster and his followers relate it By the Counsel of the Nobles of his realm assembled together for this purpose at London reputed it beneficial for him and his people to make an Agreement with the Danes and to give them a Stipend and Pacifying Tribute that so they might cease from their mischiefs For which end Duke Leofsi was sent to the Danes who coming to them importuned them that they would accept of a Stipend and Tribute They gladly embracing his Embassy condescended to his request and determined how much Tribute should be paid them for to keep the peace Whereupon soon after A Tribute of 24000 pounds was paid them pro bono Pacis for the good of Peace In this Assembly and Council as I conjecture King Ethelred informed his COUNSELLERS who instructed him both in divine and humane things with the sloathfulness negligence and vicious lives of the Secular Priests throughout England and by their advice thought meet to thrust them out and put Monks in their places to pour forth prayers and praises to God for him and his people in a due manner Whereupon he confirmed by his Charter the ejection of the Secular Priests out of Christs-Church in Canterbury and the introduction of Monks in their places and ratified all the lands and privileges formerly granted them exempting the Monastery and Lands thereof from all Secular services except Expeditione Pontium operatione et Arcium reparatione Beseeching and conjuring all his lawfull Successors Kings Bishops Earls and people that they should not be Ecclesiae Christi Praedones sed sitis Patrimonii Christi defensores seduli ut vita et gaudio aeternis cum omnibus Dei sanctis in aeternum fruaâ—… Which Charter was ratified by the Subscriptions of the King Archbishop Bishops Abbots and of several Aeldermen Nobles and Officers and the sign of the Cross This year Duke Leofsi slaying Esric a Nobleman the Kings chief Provost was judicially banished the Realm by the King for this offence After this Peace made with the Danes Anno 1002. Emma ariving in England received both the Diadem and name of a Queen whereupon King Ethelred puffed up with pride seeing he could not drive out the Danes by force of arms contrived how to murder and destroy them all in one day by Treachery at unawares either by the sword or by fire because they endeavoured to deprive him and his Nobles both of their Lives and the Realm and to subject all England to their own Dominion The occasion time and manner of whose sudden universal Massacre is thus related by Mat. Westminster An. 1012. though acted An. 1002. as all accord and by Mr. Fox and others Huna General of King Ethelreds Militia a valiant warlike man who had taken upon him the managing of the affairs of the Realm under the King observing the insolency of the Danes who now after the peace made with them did so proudly Lord it through all England that they presumed to ravish the wives and daughters of Noblemen and every where to expose them to scorn by strength caused the English husbandmen to soyl and sow their land and doe all vile labor belonging to the House whiles they would sit idely at home holding their wives daughters and servants at their pleasure and when the husbandmen came home they should scarcely have of their own as his servants had So that the Dane had all at his will and fill faring of the best when the owner scarcely had his fill of the worst Thus the common people being of them opprested were in such fear and dread that not only they were constrained to suffer them in their Doings but also glad to please them and called every one of them in the House where they had rule LORD DANE c. Hereupon Huna goeth to the King much perplexed and makes a lamentable complaint to him concerning these things Upon which the King being not a little moved by the Counsel of the same Huna sent Letters or Commissions unto all the coasts of the Realm commanding all and every of the Nation that on one day after to wit on the Feast of St. Brice the Bishop all the Danes throughout England should be put to death by a secret Massacre
Sandwich consumed all things with fire and sword taking great booties sometimes in Sussex sometimes in Kent Whereupon King Ethelred gathered a great Army out of Mercia and the West-parts of England resolving valiantly to fight with the Danes who declining any open fight and returning to their Ships landed sometimes in one place sometimes in another and so pillaging the Country returned with the booty to the Ships before the English Army could encounter them which they vexed all the Autumn in marching after them from place to place to no purpose The English Army returning home when Winteâ— began to approach the Danes with an extraordinary booty sayled to the Isle of Wight where they continued till the Feast of Christs Nativity which Feast they turned into sorrow For then they marching into Hampshire and Berkeshire pillaged and burnt down Reading Wallingford Colesey Essington and very many Villages Quocunque enim per agebant quae parata erant hilariter comedentes cum discederent in retributionem procurationis reddebant hospiti caedem hospitio flammam as Huntindon Bromton and others story As they were returning another way to their ships with their booty they found the Inhabitants ready to give them battel at Kenet whom the Danes presently fighting with and routing returned with triumph to their ships enriched with the new spoils of the routed English King Ethelred lying all this time in Shropshire unable to resist the Danes Anno 1007. cum Consilio Primatum suorum as Florentius Wigorniensis Simeon Dunelmensis Polychronicon and others express it by the Counsel of his Nobles sent Messengers to the Danes commanding them to tell them quod sumptus et Tributum illis dare vellent that they would give them Costs and Tribute upon this Condition That they should desist from rapines and hold a firm peace with them to which request they consented and from that time Costs were given them and a Tribute paid them of thirty six thousand pounds out of all England Henry Huntindon Bromton thus relate the business Rexet Senatus Anglorum dubii quid agerent quid omitterent communi deliberatione gravem conventioneÌ„ cum exercitu fecerunt ad pacis observationeÌ„ 36000 mil. librar ei dederunt A clear evidence that this Agreement and Peace was made and money granted and raised in England by common advice consent in Parliament or Council Infrenduit Anglia tota velut arundinem Zephiro vibrante collisum Unde Rex Ethelredus confusione magna consternatus pecunia pacem ad tempus quam armis non potuit adquisivit writes Matthew Westminster Rex Anglorum Ethelredus pro bono pacis Tributum 36 mil. librarum perselvit Dacis as Radulphus de Diceto words it After which the King this year made Edric aforementioned Duke of Mercia and that by the Providence of God to the destruction of the English a man of base parentage but extraordinary crafty eloquent witty and unconstant surpassing all of that age in envy persidiousness pride cruelty and Treason who soon after maried the Kings daughter Edith whereby he had the better opportunity to betray the King and kingdom with less suspition King Ethelred though often vexed with the wars and invasions of these forein Enemies yet he had a care to make good Laws for the benefit peace and safety of his people whereupon having thus made Peace with the Danes An. 1007. he summoned and held a Great Parliamentary Council at Aenham on the Feast of Easter at the exhortation of Aelfeag Archbishop of Canterbury and Wulstan Archbishop of Yorke who together with the rest of the Bishops and all the Nobles of England were present at it Regis Aethelredi Edicto concrepante acciti sunt convenire Where they all assembling together de catholicae cultu Religionis reparando deque etiam rei statu publicae reparando vel consulendo plura et non pauca utpote divinâ—â—us 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 where of I shall here transcribe being very pertinent to my subject Cap. 5. Sapientes decernunt Ut Leges quique coram Deo et hominibus aequas statuant et tueantur iniquas autem omnino deleant justitiam pauperi atque diviti pari exhibentes lance et pacem insuper et concordiam piè in hoc seculo coram Deo et hominibus retinentes Cap. 6. Sapientes etiam decernunt Ut nemo Christianum et 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. Verba et opera rectè quisque disâ—onat et 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 deâ—ignatum vitiaverit damnum integrè restituito et pacem Regis violatam compensato Si verò eam ita prorsus corruperit ut deinceps nihili habeatur plenam luito injuriam et laesam praeterea Majestatem So one translation out of the Saxon Copy reads it but another thus Naves per singulos annos ob patriae defensionem et munitionem praeparentur poâ—â—que sacrosanctum Paâ—cha cum cunctis ut enâ—libus competentibus simul congregentur Qua etiam poena digni sunt qui Navium detrimentum in aliquibus perficiunt notum cunctis esse cupimus Quicunque aliquam ex Navibus per quampiam inertiam
vel per incuriam vel negligentiam corruperit et tamen recuperabilis sit Is navis corruptelam vel fracturam ejusdem per solidam prius recuperet Regique deinde ea quae pro ejusdem munitionis fractura â—â—bimet pertinet ritè persolvat Cap. 24. De Militiam detractante Si quis de Profectione militari cui Rex intererit sine licentia se substraxerit in detrimentum currat omnium fortunarum These three last Lawes most clearly demonstrate that the Militia and Military affairs of this age with all their Provisions of Arms Ships for defence of the Realm by Land and Sea against the invading Danes and other Enemies with their Military Laws and all other apurtenances thereto belonging were ordered and setled in their General Councils by common consent Cap. 26. Si quis vitae Regis insidiabitur sui ipsius vitae dispendio et quas habet rebus omnibus poenas luito Sin negaverit et purgatione qua licuerit expetierit solemniori eam faciat juramento vel Ordalio triplici juxta legem Anglorum et in Danorum lege prout ipsa statuit Cap. 27. Si quis Christi legibus sive Regis se nefariè opposuerit capitis plectitor aestimatione vel mulctâ aliâ pro delicti qualitate Et si is contrarius rebellare armis nititur et sic occiditur inultus jac eat Cap. 29. Scrutari oportet diligentius unumquemque modis omnibus quonam pacto illud ante omnia efferatur Consilium quod populo habeat utilissimum et ut recta Christi reâ—gioâ—…xime provehatur injustumque quodlibet funditus extirpetur Haec enim in rem fuerint totius patriae ut injustitia conculcetur et Institia coram Deo et hominibus diligatur Cap. 32. Ut quisquis fuerit potentior in hoc seculo vel per scelera evectus in altiorem gradum ita gravius emendabit peccata sua et pro singulis malefactis poenas luet graviores Haec itaque Legalia Statuta vel Decreta in Nostro Conventu Synodali à Rege nostro magnopere edicta tuncti tunc temporis Optimates se observaturos fideliter spondebant The Invasions and Oppressions of the Danes excited both the King his Prelates and Nobles in this Great General Council not only to provide for their necessary defence against them by Land and Sea but likewise to enact good Laws for the advancement of Gods worship and service the good Government of the Republickâ— the advancement of Justice and Righteousnesse the suppression of all Oppressions Injustice wickedness and preservation of the Just Rights and Liberties both of the Church and People as the most effectual means to unite and preserve them against the Common Enemy and to remove Gods wrath and judgements from them as the other Statutes and Decrees of this Council more fully resolve which you may peruse at leisure About the same year as I conjecture or not long after King Ethelred having some breathing time from wars by his Peace concluded with the perfidious Danes held three other great Parliamentary Councils the first at VVoodstock the second at Venetyngum the third at Haba wherein He and his Wise-men made and published many excellent Civil and Ecclesiastical Laws for the Good Government Peace VVelfare and happiness of his People recorded at large in Bromton Lambard and Spelman where you may read them I shall insert only 3 of them made at Venetingum VVanâ—ige as some take it Cap. 4. Habeantur placita in singulis VVapentakis ut exeant seniores 12 Thayni Praepositus cum eis jurent super sanctuarium quod eis dabitur in manus Quod neminem innocentem velint accusare vel noxium concelare Cap. 23. Ad Bilynggesgate si advenisset una navicula unus obolus Thelonii dabatur si major habet siglas 1 d. si adveniat Ceol vel ulcus ibi jaceat 4 d. ad Thelonium dentur De navi plena lignorum unum lignum ad Theloneum detur In ebdomada panum Theloneum detur 3 diebus die Dominica die Martis die Jovis Qui ad Pontem ventat cum Bato ubi piscis inest unus ob dabatur in Theloueum de majori Nave 1. d. Homines de Rothomago qui veniebant cum vino vel craspisce Flandrenses Pontrienses Normannia Francia monstrabant res suas extolneabant Hogge Leodium Nivella qui per terras ibant ostentionem dabant et Theoloneum Et homines Imperatoris qui veniebant cum navibus suis bonarum legum digni tenebantur sicut nos emere in suas naves Et non licebat eis aliquod Forcheapum facere burhmannis dare Theoloneum suum Et in sancto natali Domini duos Grisingos panâ—os unum Brunum 10 libras Piperis cirotecas 5 hominum et duos cabillinos colennos aceto plâ—nos totidem in Pasca de Dosseris cum Gallinis una Gallina Thelon de uno Dosseto cum Ovis 5 Ova Theolon Si veniat ad Mercatum mongestre Sinere qui mangonant in Caseo Butiro 14 diebus ante Natale Domine 1. d. 7 diebus post Natale Domini Unam alium denarium ad Theloneum Cap. 24. Si Portireu vel Tungravia vel alius Praepositus compellat aliquem quod Theolon supertenuerit homo respondeat quod nullum Theloneum concelaverit quod juste debuit juret hoc se sâ—xto sit quietus Si appellet quod Theolonium dederit inveniat cui dedit qu etus sit Sâ—tunc hominem invenire non posset cui dedit reddat ipsum Theloneum et persolvat 5 l. Regi Si Cacepollum advocet quod â—i Theoloneum dedit ille neget perneget ad dei ud cium et in nulla alia lada These-are the first Laws to my remembrance wherein there is any mention of Toll Tribute or Custom paid by any Natives or Foreiners for goods or merchandise imported or sold or any forfeitures or penalty imposed for concealing or non-payment thereof which it seems were imposed about this time by common consent in a Parliamentary Council for the better maintenance of the Navy and defence of the Realm against the Danes the end for which I cite them The King having thus in the Great Councils of Aenham and Wantige by consent of his Nobles and Wise-men provided a Navy to be annually set out for the defence of the Realm in pursuance thereof the self-same year as our Historians joyntly attest commanded one ship to be built and furnished out of every 310 Hides or Ploughlands and a Buckler Helmet out of every 9 Ploughlands throughout his Realm The ships being accordingly provided the King victualled and placed chosen Souldiers in them and assembled them all together to the port of Sandwich that they might defend the Coasts of the kingdom from the irruptions of Foreiners An. 1009. Puppes praedictae congregatae sunt apud Sandwic viri optime armati
Saint he fell off from his horse and continued in great torment till night and so ended his life with a miserable death Swane being deâ—d the whole Navy and Nation of the Danes Elected and made â—…te his son their King and Lord 〈…〉 Majores Natu totius Angliae The Nobles and Senators of all England liking nothing â—eâ—s than bondages especially under such new tyrannizing forein Intrâ—… thinking it now or never the time to shake ofâ— their new yoak pronounced their Natural Lord to be dearer to them than any Foreiner Si regalius se quam consuâ—verat ageret Whereupon with unanimous consent and great joy and speed they sent messengers â—…o Normandy to Ethelred to inform him Nullum eo libentius se in Regem recepturos si ipse vel rectius gubernare vel mitius eos tractare vellet quam prius tractaverat and to hasten his return unto them Who thereupon presently sent over his son Edward qui fidem Principum favoremque vulgi praesens specularetur who together with his Embassadors assured both the Nobles and Commons of the English Nation That he would for time to come be their mild and devout Lord consent to their wills in all things acquiesce in their Counsels and if he had offended in any kinde he would reform it according as they should think fit and with a ready mind pardon whatsoever had been contemptuously or disgracefully spoken or acted by them against him or his if they would all unanimously receive him again as their King into the Kingdom To which they all gave a favourable and satisfactory answer Whereupon a plenary reconciliation was ratified between them on both sides both by words and compact Moreover The Nobles unanimously and fréely agreed and voted That they would never more admit a Danish King into England to reign over them These things concluded King Ethelred speedily returns into England where he was honourably and joyfully received by the English And that he might seem to cast off his former sloathfulness he hastned to raise an Army against Cnute who remaining with his Navy in Lindesey made an agreement with the inhabitants exacting men and horses from them that he might surprise Ethelred at unawares and threatning grievously to punish all such as revolted from him But Cnute being taken in his own craft Ethelred marching thither with a strong army before he was provided to receive him fled from thence with his Hostages Army and Navy to Sandwich whereupon Ethelred depopulated all Lindesey wasting the Country with fire and sword slaying all the Inhabitants as Traitors to him and their Native Country Cnute by way of revenge humano et divino Jure contempto in insontes grassatus cuts off the hands and ears and â—â—its the Noses of all the most Noble and beautiful Hostages throughout England given to his father and so dismissing them sailed into Denmark to settle his affairs and augment his sorces resolving to return the year following After his departure King Ethelred this very year Super haec omnia mala Classi quae apud Greenwic â—acuiâ— Tributum quod erat 30. millia librarum pendi mandavit to wit to the Fleet under Turkell the Dane who instead of defending did but help to pillage and oppress the English Huntindon writes it was but 21 thousand pounds and Bromton avers that it was Cnute not Ethelred who commanded it to be paid to his Navy Soon after which the Sea rising higher than it was accustomed drowned an innumerable Company of Villages people and cartel After Cnutes departure King Ethelred summoned a Parliamentary Council at Oxford Anno 1015 both of the Danes and English Malmsbury expressly stiles it MAGNUM CONCILIUM Wigorniensis Hoveden Sim. Dunelmensis MAGNUM PLACITUM Matthew Westminster and others MAGNUM COLLOQUIUM our later English Historians a Great Council and Parliament The King by the ill advise of that Arch Traytor Duke Edric at this Great Council commanded some Nobles of the Danes to be sodenly and secretly slain quasi de Regia proditione notatos ac persidiae apud se insimulatos the chiefest of them were Sygeforth and Morcar whom Edric treacherously invited to his chamber and there making them drunk caused his armed guards there placed secretly to murder them which they did Hereupon their Servants endeavouring to revenge their Lords deaths being digniores et potentiores ex Seovengensibus they were repulsed with arms and forced to slye into the Tower of St. Frideswides Church for safety whence when they could not be forcibly expelled they were all there burnt together The King presently seised upon their lands and goods the chief cause of their murder as some conceived and sent the relict of Sygeforth a very Noble beautifull and vertuous Lady prisoner to Malmsbury whither Edmond the Kings base Son as some affirm posted without his fathers privity and being enamored with her beauty first carnally abused then afterward maried her and by her advice forcibly invaded and seised upon the Lands of her husband and Morcar which were very great and the Earldom of Northumberland which his father denied him upon his request Whereupon all the Inhabitants of that County readily submitted to him Whiles these things were acting d Cnute having setled his affairs in Denmark and made a League with his neighbour Kings recruired his Army and Navy and returned into England with a resolution either to win it or to lose his life in the attempt Ariving first at Sandwich and sailing thence to the West he pillaged Dorsetshire Somersetshire and Wiltshire filling all places with slaughters and plunders King Ethelred lying then sick at Cosham his son Edmond Ironside and Duke Edric raised an Army against Cnute but when both their forces were united to fight him the old persidious Traytor Edric endeavoured by all means to betray Edmond to the Danes or treacherously to slay him which being discovered to Edmond thereupon they severed their forces from each other and gave place to the Enemies without giving them battel Not long after Edric inticing to him 40 of the Kings ships furnished with Danish Mariners and Souldiers openly revolted and went with them to Cnute subjecting himself to his dominion as his Soveraign by whose example all West-Sex submitted to him as their Kiâ—g delivering him hostages for their fidelity resigning up all their arms to him and providing both horse and arms for his Danish Army The Mercians offred themselves alone to resist the Danes but through the Kings sloathfulness the business of war received delay and the enemies proceeded in their rapines without opposition In the year 1016. King Cnute and treacherous Duke Edric came with 200 sail of ships into the river of Thames whence they marched by land with a great Army of horse and foot and invaded Mercia in an hostile manner burning all the Towns and Villages and slaying all the men they met with in Warwickshire and other places whereupon King Ethelred as
Huntindon Wigorniensis and others record made an Edict Ut quicunque Anglorum sanus esset secum in bello procederet That every Englishman who was in health should go with him in battel against the Danes An innumerable multitude of people upon this assembled together to assist him But when his and his son Edmonds forces were conjoyned in one body the King was informed that some of his auxiliaries were ready to betray and deliver him up to the enemies unless he took care to prevent it and save himself and as some write the Mercians refused to fight with the VVest-Saxons and Danes whereupon the expedition was given over and every man returned to his own home After this Edmund Ironside raised a greater Army than before against Cnute and sent Messengers to King Ethelred to London to raise as many men as possible he could and speedily to come and joyn with him against the Danes but he for fear of being betrayed to the Enemy presently dismissed the Army without fighting and returned to London Hereupon Ed. Ironside went into Northumberland where some imagined he would raise a greater Army against Cnute the Dane but he and Vhtred Earl of Northumberland instead of incountring Cnute wasted the Counties of Stafford Shrewsbury and Leicester because they would not go forth to fight against the Danes Army in defence of their Country and King Cnute on the other side wasting with fire and sword the Counties of Buckingham Bedford Huntindon Northampton Lincoln Nottingham and after that Northumberland Which Edmond being informed of returned to London to his Father and Earl Uhtred returning home being compelled by necessity repaired to Cnute and submitted himself to him with all the Northumbrians making a Peace with him and giving him hostages for performance thereof and for his and their fidelity Not long after Uhtred and Turketel Earls of Northumberland were both treacherously slain by Turebrand a Dane by Cnutes command or Commission Which done Cnute made one Hirc some stile him Egric Earl of Northumberland in his place and then returned with all his army to his Ships in triumph a little before the feast of Easter with a very great booty Not long after King Ethelred born to troubles and mischief after manifold labours vexations treacheries and incessant tribulations ended his wretched life in London where he died May 9th Anno 1016. being there buried in St Pauls Church finding rest in his Grave by death which he could never find in his Throne all his life having attained it by Treachery and his Brothers Soveraigns murder whose Ghost as Malmesbury and others write did perpetually vex and haunt him all his reign and made him so subject to and fearfull of plots and treacheries that he knew not whom to trust nor ever deemed himself secure even in the midst of his oft raised Armies Nobles People though ready to adventure their Lives for his defence I have related these Passages of the Danish wars and invasions during Ethelreds reign more largely than I intended 1. Because on the Englishmâ—ns parts they were meerly defensive of their Native Country King Laws Liberties Properties Estates Lives against forein Invaders and â—…rpers 2ly Because they more or less relate to my forementioned Propositions touch-the fundamental Rights Liberties Properties of the English Nation 3ly Because they shew forth unto us the true original grounds causes motives necessities and manner of granting the very first Civil Tax and Tribute mentioned in our Histories by the King and his Nobles in their General Councils to the Danish invaders to purchase peace and the true nature use of our antient Danegelt and rectifie some mistakes in our common late English Historians Immediately after King Ethelreds decease Episcopi Abbates Duces et quique Nobiliores Angliae in unum congregati as Wigornienâ—…s Hoveden â—…n Duneâ—…s Râ—…us de Diceâ—o Bromton Or Maxima pars Regni tam Clericorum quam Laicorum in unum congregati 〈◊〉 Matthew VVestminster Or Proceres Regni cum Clero as Knyghton expresses it Pari consensu in Dominum et Regem Canntum eligere All the Bishops Abbots Dukes and Nobles of England and the greatest part of the chief Clergy and Laity assembled together in a kind of Parliamentary Council by unanimous conient elected Cnute for their Lord and King notwithstanding their solemn Vow and Engagement but the year before never to suffer a Danish King to reign over them Whereupon they all repaired â—o Cnute to Southampton omnemque Progeniem Regis Ethelredi coram illo abhorrentes et abnegando repudiantes as Wigorâ—iâ—â— sis Huntindon Knyghton and others record and there in his presence abhorring and utterly renouncing and abjuring all the Progeny of King Ethelred they submitted themselves and swore â—eâ—lty to him as to their only King and Soveraign he reciprocally then swearing unto them That he would be a faithfull Lord unto them both in things appertaining to God and the World which our Historians thus express Quibus ille juravâ—t quoa secundum Deum secundum seculum fidelis illis foret Dominus Only the City of London and part of the Nobles then in it unanimously chose and cryed up Ed. â—ronside King Ethelreds 3. son by Elgina his first Wife Daughter to Duke Thored as Speed and others relate though Matthew Westminster and others register his birth Non ex Emma Regma sed ex quadam ignobili foemina generatus qui utique matris suae ignobilitatem generis mentis ingenuitate corporis strâ—…it te redintegrando redemit After Edmonds election he was crowned King by Liuing Archbishop of Canterbury at Kingston upon Thames where our Kings in that age were usually crowned No sooner was he thus advanced to the Regal dignity but he presently marched undauntedly into VVest-Sex and being there received by all the People with great gratulation and joy he most speedily subjected it to his Dominion Which being divulg'd in other parts many Counties of England deserting Cnute voluntarily submitted themselves unto him such is the sickleness of the People unconstancy of worldly power and affairs Cnute in the mean time to be revenged of the Londoners for making Edmond King marched to London with his whole Army and Fleet besieged and blocked up the City with his Ships drawn up the Thames on the West-side of the Bridge and then drew a large and deep trench round about the City from the Southside of the River whereby he intercepted all ingress and egress to the Citizens and others whom he shut up so close that none could go in or out of the City and endeavoured by many strong assaults to force it but being still repulsed by the Citizens who valiantly defended the walls he left off the siege with great confusion and loss as well as dishonor Thence he marched with his Army into Dorsetshire to subdue it Where King Edmond meeting him with such forces as he could suddenly raise gave him battel at Penham near Gillingham where
before the Realm of England but the whole world it self Denmark hath yielded to me Norwey hath subjected it self to me the King of Swedes hath given me his hand and thy admirable Valour hath more than once fructrated the force of my assaults which I believed no mortal man could have been able to sustain Wherefore although fortune hath promised that I should be every where a Conquerer yet thy admirable valour hath so allured me to favour that I above measure desire thee both for a friend and consort of my kingdome would to God that thou also maist be as desirous of me that I may reign with thee in England and thou maist reign with me in Denmark Truly if thy valour shall be united to my fortune Norway will fear and Sweden will quake France it self accustomed to warrs will tremble In brief Edmond and Cnute both consent to divide the Kingdom Edmond yielding to words who had not yielded to swords being overcome with this Oration who could not be overcome with arms whereupon laying aside their arms they run and mutually imbrace and kiss each other both Armies rejoycing and the Clergy singing Te Deum laudamus with a lowd voice Afterwards in testimony of Agreement they change clothes and Arms with each other and returning to their Armies prescribed the manner of the Agreement and Peace Wigorniensis Simeon Dunelmensis and Roger Hoveden add that they ratified the agreement with Oaths TRIBUTOQUE QUOD CLASSICAE MANVI PENDERETUR STATUTO and appointed a Tribute which should be paid to the Sea forces and then departed from each other The Daâ—es returned with the great booty they had gotten to their ships with whom the Citizens of London having made a peace DATO PRECIO which they paid a prâ—ce for they permitted them there to winter The Realm was divided between them both but the Crown remained to Edmond with the City of London Essex East-England and all the Land on the Southside the River of Thames and Cnute enjoyed the North parts of England by mutual consent and agreement of all the Nobles and so this bloudy warr between them after 7. or 8. battels within so many moneths space ceased Soon after this fatal Agreement and partition of the Realm which made Edmond but half a King and England half Denmark that ever trayterous Duke Edric to ingratiate himself the more with Cnute treacherously murdered King Edmond at Oxford of which there are 3. different relations in our Historians Some say that he corrupted the Kings Chamberlains with gifts to murder him in his bed and that King Cnute in the first year of his Coronation caused all of them who had conspired his death by Edric's exhortation to come before him where they declared to the King the Treason they had committed against King Edmond expecting a large reward for it Whereupon the King sent for the Great Men and Nobles of the Realm and made the Traitors to acknowledge their Treason before them and a great assembly of people fearing lest otherwise it should be believed that he had foreplotted the Treason 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 l Others write that Edric himself or his Son by his command murdered him at Oxford on St. Andrews night as he was easing nature in an house of Office stabbing him into the bowels with a two-edged knife through the hole of the privy in which one of them lay in wait to murder him leaving the knife sticking in his bowels and him dead in the place And some write that he placed an Image in his Chamber with a bow and arrow ready bent which Edmond admiring at touching the spring which held the bow thus bent the arrow thereupon pierced slew him in the place That before his death was known Edric went to Edmonds wife and taking away her two young Sons from her brought and delivered them to Cnute and then saluted him saying GOD SAVE THEE SOLE KING OF ENGLAND Whereupon Cnute demanding Why he saluted him in this manner He then informed him of King Edmonds death and how he had murdered him of purpose to make him sole King of England Speed adds That he cut off his Soveraigns head presenting it to Cnute with these fawning salutations All hail thou sole Monarch of England for here behold the head of thy Copartner which for thy sake I have adventured to cut off which no antient Historian mentions Upon this Cnute though ambitious enough in Soveraignty yet out of a Princely disposition sore grieved at such a disloyal treacherous act presently replyed to him I for reward of so great and meritorious a service done for me will â—this day advance thee above all the Nobles of the Realm After which he caused his head to be cut off then fixed on an high poll and placed on the highest Tower of London for the birds to prey upon Others more agreeable to the truth relate That Cnute in the first year of his reign depriving this Arch-Traitor Edric of the Dukedom of Mercia which he had many years enjoyed thereupon Edric in the feast of Christs Nativity repaired to Cnute at his Palace in London to expostulate with him about it where checking the King over-harshly he upbraided him with the many benefits he had received from him amongst which he mentioned two wherewith he specially provoked him to anger saying Most dear King you ought not to speak harshly to me nor suffer any evil to be done unto me for you had never enjoyed the Realm of England but by my means For out of love to thee I have first betrayed King Ethelred after that I deserted Edmond my proper and natural Lord and afterwards I foreplotted his death and murdered my just and true liege Lord out of my fidelity towards thee to bring the whole kingdom unto thee and dost thou so lightly vilify so great love conferred on thee for which I never received any benefit or profit from thee At which speeches Cnute changing his countenance expressing his fury by its redness presently pronounced this sentence against him saying And thou shalt deservedly die thou most perfidious Traitor seeing by thy own confession thou art guilty of Treason both against God and me who hast slain thine own Soveraign and natural King and my dear confederate Brother His bloud be upon thy head because thou hast stretched out thy hand against the Lords anointed And lest a tumult should be raised among the people he commanded him to be there presently strangled in his palace and his body to be cast through a window into the river of Thames to be devoured of the fishes as some or hanged upon London walls unburied to be devoured by birds as others story At which time Duke Norman son of Duke Leofwin Captain of Edrics guard Aethelward son of Duke Agelmar and Brihtricus son of Alphege Earl of Devonshire
with many others of Edrics followers were likewise slain without offence together with Edric because Cnute feared he should one time or other be circumvented by the treacheries of this old perfidious Traitor hearing his former natural Lords Ethelred and Edmond had frequently been betrayed by him quorum diutina proditione alterum vexavit alterum interfecit there being no trust to be reposed in such a Traytor to his Soveraigns Thus this inveterate Arch-Traitor to his Natural Country Kings and bloudy Regicide by Gods divine Justice received the just punishment of all his Treasons at the last instead of expected great rewards from that hand he least suspected Whence p Matthew Westminster relating both the Histories of the manner of Edrics death concludes thus Sed sive sic sive aliter vitam finierit Proditor Edricus non multum ad rem pertinet quia hoc liquido constat Quod ille qui multos circumvenerat tandem est justo Dei Iudicio circumventus et proditionis suae meruit subire talionem And let all those who have or shall imitare him in his Treasons against his native Country Kings and Regicide seriously meditate on his tragical end and expect the self same retribution in conclusion though they escape as many years as he then did before final execution A third sort of Authors as Marianus Scotus Wigorniensis Roger Hoveden and Simeon Dunelmensis make no mention of King Edmonds murder by Edric his subordination but only that 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 autenticior habetur The Author of the Encomium of Emma concurring with Marianus subjoynes this Observation touching his short reign and speedy death That God c. minding his own doctrine That a kingdom divided in it self cannot 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 Cnute 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. Fox 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 bottom they were emptied by the Danes from their own vessels and their bottles broken that had vented their red and bloudy wines in lieu whereof the Lord gave them the cup of wrath whose dreggs he had formerly by their own hands wrung out upon other Nations For the Saxons that had enlarged their Kingdomes by the bloud of the Britons and built their nests high upon the Cedars of others as the Prophet speaketh Habbak 2. committed an evil covetousness to their own habitations and were stricken by the same measure that they had measured to others when as the Danes often attempting the Lands invasion and the subversion of the English Estate made way with their Swords through all the Provinces of the Realm and lastly advanced the Crown upon their own helmets which they wore only for three Successions CHAP. IV. Comprising a Summary Collection of all the Parliamentary Great Councils Synods Historical Passages Proceedings Lawes relating to the Fundamental Liberties Franchises Rights Government of the People and other remarkables under our Danish Kings Cnute Harold and Harde-Cnute from the year of our Lord 1017. till the first year of King Edward the Confessor Anno 1042. With some brief Observations on the same IMmediately after the murder of King Edmond Ironside King Cnute the Dane Anno 1017. taking possession of the whole Realm of England was solemnly crowned King at London by Living Archbishop of Canterbury succeeding in the Realm of England Non successione haereditaria sed Armorum violentia as William Thorne observes Injuste quidem Regnum ingressus sed magna civilitate et fortitudine vitam componens writes William of Malmsbury Whereupon the better to fortifie his Military Title with a seeming publick Election by the Nobles and Nation in a Parliamentary Council and their open disclaimer and renunciation of any Right or Title either in King Edmonds Sons or Brethren to the English Crown to settle it in perpetuity on himself and his posterity he commanded all the Bishops Dukes Princes and Nobles of the English Nation to be assembled together at London in a Parliamentary Council Where when they were all met together in his presence he most craftily demanded of them as if he were ignorant Who were the Witnesses between him and Edmond Ironside when they made their agreementâ—… and division of the Kingdom between them What manner of conference there then was between him and Edmond concerning his Brethren and Sons Whether it was agreed that it should be lawfull for Edmonds Brethren or Children to reign in the kingdom of the West-Saxons after his death by any special reservation or agreement between them in case Edmond should die in his life-time Whom he had designed to be his Heir Whom he had appointed to be guardians to his Sons during their infancy And what he had commanded concerning his Brothers Alfred and Edward To which they all answering both falsly and slatteringly said That they did most certainly know King Edmond neither living nor dying had commended or given no part of his kingdom to his Brethren and they did likewise know that it was King Edmonds will that Cnute should be the Gardian and Protector of his Sons and of the Realm untill they were of age to reign calling God himself to witnesse the truth hereof O the strange temporizing falsity treachery perjury of men in all ages But though they thus called God to witness yet they gave a false testimony and fraudulently lyed preferring a lye before the truth being forgetfull of justice unmindfull of nature unjust witnesses rising up against Innocency and betrayers of their own bloud and Country when as they all well knew that Edmond had designed his Brethren to be his heirs and appointed them to be Guardians of his children thinking by this their false testimony to please King Cnute to make him more mild and gracious to them and that
but he was there slain by the Dukes of the Country by divine vengeance he being a chief inciter of the death of St. Alphege The English Danes An. 1022. in Colloquio apud Oxoniam celebrato de Legibus Regi Edwardi prâ—…i tenendis coucordes facti sunt Unde eisdem Legibus jubente Rege Cnutone ab Anglica lingua in Latinam translatis tà m in Dania quà m in Anglia propter earum aequitatem à Rege praefato observari jubentur as Mat. Westminster relates Anno 1022. So as he imposed no New Laws on them nor revived old but only by common consent in a Parliamentary Council both of English and Danes King Cnute in the year 1023. did so carefully endeavour to reform all things wherein himself or his Ancestors had offended as he seemed to wipe away Prioris Injustitiae Naevum the Blot of his former Injustice as well with God as with men And by the exhortation of Queen Emma studying to reconcile all the English to himself he bestowed many Gifts upon them et insuper bonas Leges omnibus et placentes promisit and moreover promised good and pleasing Lawes to all The best means to win and knit the peoples hearts Anno 1024. Cnute leading an Army of English and Danes against the Swedes whereof he lost many in the first battel the next day when he appointed again to fight with them Earl Godwin General of the Enlish Militia without King Cnutes privity resolved with his English forces alone to invade the Swedish Enemies in the night Whereupon using this Speech to his Souldiers ut pristinae gloriae memores robur suum oculis novi Domini asserent c. they all valiantly assaulted the Enemies at unawares put them all to flight slew an innumerable multitude of them and compelled the Kings of that Nation Ulf and Eglaf to yield to terms of Peace Cnute preparing to fight very early the next morning thought the English had been either fled away or revolted to the Enemies but marching to the Enemies tents and finding nothing but the bloud and carcasses of those the English had slain he thereupon ever after had the English in great esteem who by this their Victory Comitatum Duci sibi laudem paraverunt writes Malmsbury Cnute returning joyfull of this Victory into England and bestowing an Earldom on Godwin for this Service In the year 1027. Cnute hearing that the Norwegians disesteemed Olaus their King by reason of his simplicity bribed his Nobles with great sums of gold and silver to reject Olaus and elect him for their King which they promising to do the next year he sailed into Norwey with 50 ships thrust Olaus out of his kingdom by consent of his Nobles and subdued his Realm to himself whence returning into England An. 1029. Hâ—conem Danicum Comitem quasi Legationis causa in Exilium misit because he had maried Gunilda a Noble matron daughter of the King of Vandals unde metuebat ab illo vel à vitâ privari vel à rregno expelli who was after drowned in the Sea or slain in the Orcades Anno 1030. In which year Robert Duke of Normandy going to Hierusalem Apud Fischamium PROCERES AD COLLOQUIUM VOCAVIT ibique Gulielmum filium suum haeredem sibi constituens fecit omnes ei fidelitatem jurare And the same year the Norwegians cruelly murdered Olaus their King Doctor Preacher and Apostle with an ax Indignabatur enim Gens illa pagana et cruentissima QUOD PRIMAS LEGES et superstitiosas idem sanctus Rex Olaus praedicando docendo evangelizando statuendo evacuaret But Cnutes gold was the prime cause thereof to get his Crown as he had done his Realm and Edmond Ironsides for whose soul he prayed and offered a rich embroydered Pale on his Tomb at Glastonbury Anno 1026. Hoc autem fecisse creditur ne in mortem ejus cui in certamine singulari confoederatus fuerat consenssisse videretur writes Mat. Westminster King Cnute Anno 1031 to palliate his Usurpations of other mens Crowns with the shew of Devotion travelled to Rome in very great pomp where he offered very great gifts in gold silver rich vestments and pretious stones and obtained from Pope John That the English School should be frée from Tribute In his going and returning he not only gave large alms to the poor but likewise removed and deleted many nnjust Tolls and Taxes exacted from such who travelled to Rome giving a Great price to abolish them He solemnly vowed to God before the Sepulcher of the Apostle Peter a reformation both of his life and manners In pursuance whereof he writ a Letter from Rome to the Archbishops of Canterbury and Yorke all the Bishops Nobles and Rulers and to the whole English Nation as well Nobles as Plebeans wherein he certified them That he had procured from the Emp. of Germany King Rodolphus the Pope and other Princes a release of all unjust Tolls and Taxes exacted of his people as they travelled out of devotion towards Rome and of the vast sums of money which the Archbishops paid to the Pope for their Palls After which he in forms them That he had vowed to justify his life to God himself in all things To govern the Kingdoms and Nations under his subjection justly and piously To observe just judgement in all things and if through the Intemperance or negligence of his youth he had hitherto done any things besides that which was JUST that he promised by Gods assistance to reform it all Therefore I obtest and command all my Counsellors to whom I have committed the Counsels and Justice of my Realm that by no means either for fear of me or through favour to any potent person they should from henceforth doe any Injustice or cause it to sprout up in all my kingdom Likewise I command all the Sheriffs and Officers throughout my Realm as they desire to enjoy my favour or their own safety that they do No unjust violence to any Man neither to rich nor poor but it shall be lawfull for all as well Noble as Ignoble to enjoy justice and right from which they might not deviate in any manner neither for Regal favour nor for the person of any potent man nec propter mihi congerendam pecuniam quia nulla mihi necessitas est ut iniqua exactione pecunia mihi congeratur nor yet for raising oâ—â—eâ—ping up money to me Because there is uo necessity for me and let those who now plead Necessity both for their own illegal imposing levying of unjust uncessant heavy Taxes Imposts Excises on our Nations without grant and common consent in Parliamâ—nâ—â— consider it that money should be raised and collected for my use by an injust exaction After this he enjoyns them by this Leâ—…r To pay all Debts and Duties due by the antient Law as Tithes of their corn and cattel Peter pence and First fruits at the
Feasts appointed under pain of the penalties inflicted by the Laws which he would strictly exact without pardon Neither was he worse than his word writes Malmsbury for he commanded all the Laws made by antient Kings and especially by his predecessor King Ethelred to be for ever observed under pain of a regal mulct To the custody of all which ancient Laws Even now writes he our Kings are sworn under the name of King Edwards Lawes non quod illa statuerit sed observaverit And Matthew Westminster records further Vicecomitibus Regni Angliae et Praepositis districtè mandavâ— ut nulli hominum vim inferant nec propter pecuniam fisco reponendam in aliqu o a Iustitia deviant dum non habeat necessitatem de peccato pecuniam adaugere If this Forein Danish Conqueror and Usnrper of the Crown of England qnod Bellico Iure obtinebat et armorum violentia as William Thorne records was at last so just and equal to the English as to reform all his former extravagant acts of Injustice Exactions Oppressions to release all unjust Taxes Exactions Oppressions and not to exact or raise any monies unjustly on the people upon any real or pretended necessity without their common consent in Parliament by any of his Officers should not out own English Conquerors domineering Grandees now much more imitate this his laudable Example who pretend not only to equal but exceed him in Saintship Justice Devotion no longer to oppress the griev'd people with their arbitrary Tyrannical Taxes Excises Imposts extravaganr violent poceedings in new wayes of highest Injustice as hitherto they have done against all their Oaths Covenants Declarations promises and Engagements to the Nation King Cnute returning from Rome into England Anno 1032. treated the English very justly and civilly confessed redressed his own former and his ancestors extortions oppressions rapines endowed many Monasteries with lands and priviledges and ratified them with his Charters Hereupon Brithmerus Abbot of Croyland Cum Cnutonem Regem super Angliam stabilitum cerneret universos Anglios civiliter satis amicabiliter tractare insuper sanctam Ecclesiam speciali devotione deligere ac filiali subjectione honorare monaste riis multisque sanctorum locis benè facere quaedam verò Monasteria ad summam gloriam promovere there upon resolved to go to the King procure his Charter of confirmation of the Abbey Lands liberties of Croyland quorundam adversariorum qui tempore guerrae multum creverant vim formidans Which Charter he readily obtained in these memorable words wherein he acknowledgeth his rapines and bloodshed to posterity Cnutus Rex totius Angliae Danmarchiae Norwagiae magnae partis Swavorum omnibus Provinciis nationibus populis meae potestati Subjectis tam minoribus quam majoribus salutem Cum terram Angliae progenitores mei parentes DURIS EXTORTIONIBUS DIRIS DEPRAEDATIONIBUS SAEPIUS OPPRESSERUNT Et fateor INNOCENTEM SANGUINEM FREQUENTER IN EA EFFVDERVNT studium meum a principio regni mei fuit semper erit in futurum tam penes caelum quam penes seculum PROPTER HAEC MEA PECCATA ET PARENTVM MEORVMSATISFACERE statum totius sanctae matris Ecclesiae uniuscujusque Monasterii sub Imperio meo constituti cum in aliquo meo patrocinio indiguerint devotione debita emendare omnesque sanctos Dei per haec alia bona opera mihi in meis necessitatibus reddere benignos ac deprecationibus meis favorabiles placatos Ideo in arras hujus meae satisfactionis offero sancto Guâ—hlaco de Croyland caeteris sanctis ejusdem loci de substantia mea unum calicem confirmans Brithmero Abbati Monachis suis totum Monasterium suum Croylandiae cum insula circumjacente duobus Mariscis adjacentibus scilicet Arderlound Goggislound eisdem terminis limitibus quibus in Chirographo inclyti quondam Regis Edredi restauratoris sui dicta insula dictique duo Marisci satis apertè describuntur Confirmo etiam omnes Ecclesias Capellas terras tenementa libertates privilegia in ejusdem Regis Chirographo contenta cum quibus omnibus dictus Rex Edredus dictum Monasterium Croylandiae ad honorem Dei S. Guthlaci confessoris sui corporaliter in ea requie scentis dotavit donavit ditavit suo Chirographo confirmavit Nullusque hominum meorum audeat à modo dictos Monachos inquietare vel in aliquo conturbare proprae dictis Quod si quis facere praesumserit vel tentaverit usurpare vel gladii mei sentiet aciem vel gladii paenam sacrilegis debitam subibitabsque omni remissione redemptione puniendus juxta modum et mensuram injuriae dictis Monachis irrogatae Ego Cnutus Rex anno Dominicae incarnationis 1032. Londoniis istud meum Chirographum signo sanctae crucis confirmavi ✚ Then follow the subscriptions of both the Archbishops sundry Bishops Abbots Earls and others The same year 1012. King Cnute granted and con firmed to the Abbot of Glastonbury the Conusance of all ecclesiastical and secular causes within the Island of Glastonbury by a special Charter Cum Consilio Deereto Archipraesulis nostri Edâ—lnâ—thâ— â—mulque cunctâ—…m Dei Sacerdotum Consensu Optimatum meorum as the words of the Charter atten to the end it might be valid in Law And the self same year King Cnute commanded Elstan Abbot of Sâ— Augustines in Canterbury to repair to him at the Feast of Pentecost concerning the translation of the Corps of St. Mildretha to that Monastery ut translationem faciendam ipse Rex per concessionem Procerum per literas suas firmius confirmaret as William Thorn in his Chronicle relates King Cnute in the year 1033. on the Feast of Christs Nativity held a Parliamentary Conncil at Winchester where Venerando Sapientum ejus Eonsilio by the venerable Counsel of his Wisemen he made and published sundry excellent Ecclesiastical and Civil Laws for the good government of the Church and Realm to the praise of God the honour of his Regality and common good of the People being 103 in the Saxon and 110 in the Latine Copies His 61 Ecclesiastical Law thus resolves against the Anti-Magistratical opinion of this licentious age Christiano Regi jure pertinet ut injurias Deo factas vindicet secundum quod acciderit His Civil Laws begin thus Haec est institutio Legum secularium quam communi Sapientum meorum Consilio per totam Angliam tâ—n ri proâ—…io Imp imis volo ut Iustae Leges erigantur et injustae sub vertantur et omnis Injustitia modis omnibus sarculetuâ— a modo omnis homo dignus publica rectitudine reputetur pauper dives quicunque sit eis justa judicia judicentur I shall transcribe only some few of his Laws pertinent to my Theam Lex 25. Prohibemus ne Christianus aliquis penitus pro parva re saltem
ad mortem deducatur Sed justitia pacificans pro necessitate populi exquiratur ne pro levi re opus manuum Dei sui ipsius pretium quod profundè redemit desperet Lex 26. Praecipimus nè Christiani passim in exilio vendantur vel in Gentilitatem nè forte pereant animae quas propria vita sua mercatus est Dominus noster Ihesus Christus Lex 31. Omnis Injustitia deinceps opprimatur Burgbotam Brigbotam Scipforthunga Frothunga qui Navigii vel expeditionis sonant apparatum sedulo procuremus cum necesse fuerit ad commune regni nostri commodum Et perquiramus simul modis oâ—… quo modo praecipuum possit consilium ad profectum populi obtineri rectaque Christianitas propensius erigi quicquid injustum est solertius enâ—rvari Lex 34. Si quis deinceps Vnlage i. e. non legem erigat vel injustum judicium judicet pro laesione vel aliqua pecuniae susceptione sit erga Regem CXX s. reus in Anglorum laga nisi cum juramento audeat inveritare quod rectins nescivit judicare dignitatem suae legalitatis semper amittat si non eam redimat erga Regem sicut ei permittetur In Denelaga Lathslithes reus sit si non juret quod melius nescivit Lex 36. Qui aliquem accusare praesumat unde pecunia vel commodo pejor sit denique mendacium pernoscatur linguam suam perdat vel Weregildo redimatur Lex 37. Nemo Regem requiret de Justitia facienda dum ei rectum offertur in Hundredo suo requiratur Hundredum secundum Witam sicut justum est Lex 38. Et habeatur in anno ter Burgimotus Scyremotus bis nisi saepius sit necesse Et inter sit Episcopus et Aldermannus et doceant ibi Deirectum et seculi Lex 59. Non est in aliquo tempore concessa INJUSTITIA et tamen Injustitia est festis diebus et sanctificatis locis propensius interdicta Semperque sicui homo potentior est vel majoris ordinis sic debet solertius pro Deo et seculo quod justum est emendaâ—e Et ideo gratam emendationem sedulo per quiramus de Scripturis Sanctis et seâ— cularem juxta legem seculi Lex 83. Si quis de morte Regis vel Domini sui quoquo modo traectaverit vitae suae reus sit â—t omnium quae habebit nisi triplici judicio se purget Lex 91. Si quis Burgbotam vel Brigbotam 1. burgi vel pontis refectionem vel Firdfare 1. in exercitum ire supersedeat emendet hoc erga Regem C. xx s. in Anglorum laga in Denelaga sicut Lex stetit antea vel ita se adlegiet nominentur ei 14. et acquirat ex eis 11. Lex 96. Haec est alleviatio quam omni populo meo praevidere volo in quibus nimis omnino fuerant aggravati Praecipio Praepositis meis omnibus ut in proprio meo lucrentur et inde mihi serviant Et nemo cogatur ad firmae adjutorium aliquid dare nisi sponte sua velit Et si quis aliquem inde gravabit Werae suae reus sit erga Rogem Lex 97. Si quis ex hac vita decedat sine distributione rerum suarum vel per incustodiam vel per mortem improvisam non usurpet dominus ejus de pecunia nisi quantum ad justam Relevationem pertinet quae Anglicè vocatur Hereget sed sit secundnm dictionem ejus ipsa pecunia recte divisa uxori pueris et propinquis unicuique secundum modum qui ad eum pertinet Et sint Relevationes it à minutae sicut modus est Comitis sicut ad eum pertinet hoc est octo equi quatuor sellati quatuor insellati et galeae quatuor et loricae quatuor cum octo lanceis et totidem scutis et gladii quatuor et CC. marcae auri Postea Thayni regis qui ei proximus sit quatuor equi duo sellati et duo insellati et duo gladii et quatuor lanceae et totidem scuta et galea cum lorica sua et 50. marcae auri Et mediocris Thayni equus cum apparatu suo et arma sua vel suum Halsfang in Westsaxia in Mircenis ij l. in Estanglia ij l. Et si notus sit Regi equi duo unus cum sella et alius sine sella et unus gladius et duae lanceae et totidem scuta et 50 marcae auri Et qui minus potest det duas libras Lex 104. Et qui fugiat à Domino vel socio suo pro timiditate in Expeditione navali vel terrestri per dat omne quod suum est et suam ipsius vitam et manus mittat Dominus ad terram quam ei antea dederat Et si terram haereditariam habeat ipsa in manum regis transeat Lex 105. Et qui in bello ante Dominum suum ceciderit sit hoc in terra sit alibi sint relevatitones condonatae et habeant haeredes ejus terram sicut et pecuniam suam et rectâ— dividant inter se Lex 107. Et volo ut omnis homo pacem habeat eundo ad Gemotum vel rediens de Gemoto id est placito nisi sit fur probatus Lex 110. Qui leges istas apostabit quas Rex modo nobis omnibus indulsit sit Dacus sit Anglus Werae suae reus sit erga regem Et si secundo faciat reddat bis Weram suam Si quis addat tertio reus sit omnium quae habebit In the rest of his Lawes all corporal and pecuniary penalties and fines for all sorts of Offences and Crimes are reduced to a certainty and none left arbitrary and by Lex 104 105. it is evident that the Military Laws as wel as the Civil Ecclesiastical were made in and by advice and direction of the Great Councils The Chronicle of Bromton informs us that King Cnute per Chartam suam à se et haeredibus suis dedit quà m cito post in Parliamento suo apud Wintoniam when and where those Laws were made coram omnibus Regni sui Magnatibus confirmavit gave and confirmed the Manors of Hornyng Ludham and Netershede to the Monastery of Cowholm in Northfolke And that one Maynard riding towards this Parliamentary Council brake his neck who had so incensed the King against Wulfric and the Monks of this Monastery that he threatned to put them to death What lands and privileges he gave by his Charters to St. Cuthberts Church in Durham Christs-Church in Canterbury and other Monasteries the t Marginal Authors will inform us About the year 1034. King Cnute having obtained the Soveraign Dominion of England Scotland Norwey a great part of Sweden and of all Denmarke principally by the Sword through the flattery of his followers who stiled him a King of all Kings most mighty
then to mary his daughter Godith to Edward the younger Brother and to make him King as being of a more milde and simple disposition apt to be ruled by him Hereupon Godwin went to Southampton to meet with the two Brothers at their landing It fell out that the Messengers sent into Normandy found only Alfred there Edward being then gone into Hungarie to speak with his Cosen Edward the Outlaw Ironsides son When Alfred heard these Messengers tydings he thanked God and in all hast sped him to England ariving at Southampton with some of his Mothers kinred and many of his fellow-Souldiers of like age who were Normans Whereupon Godwin intimated to the Nobles of England That Alfred had brought over too great a company of Normans with him and had likewise promised the lands of the Englishmen to them and therefore it would not be safe to instirpate such a valiant and crafty Nation amongst them That these ought to undergoe exemplary punishment lest others by reason of their alliance to the King should presume to intrude themselves amongst the English And then posting to Southampton welcomed and received Alfred with much joy pretending to conduct him safe to London where the Barons waited for to make him King and expected his comming and so they passed forth together towards London But when they came to Guild-down Godwin said to Alfred Look round about thee on thy right hand and left and behold what a kingdom shall be subjugated to thy Dominion Upon which Alfred giving thanks to God presently promised that if it happened hâ— should be crowned King He would constitute such Laws as should be pleasing and acceptable both to God and Man Which words were no sooner uttered but the Traytor Godwin commanded all his men to apprehend Alfred and to slay all the Normans that came with him in his company and after that to carry Alfred into the Isle of Ely and there to put out both his eys and to pull out his bowels which they accordingly executed as aforesaid And so died this innocent Alfred right heir to the Crown through the Treason of wicked Godwin When the Lords of England heard thereof and how Alfred that should have been their King was put to death through the false Treason of Godwin against their wills tâ—…ey were wonderfull â—orrow â—ll and wroth and swore before God and Man that he should die a worser Death than did Edric which destroyed his Lord Edmond Ironside and would immediately have put him to death but that the Traytor fled and escaped into Denmark and there continued 4. yeares and more and lost all his Lands Rents Goods and Chattels in England confiscated in the mean time for this his Treason These Historians though they somewhat vary in the time and occasion of Prince Alfreds death yet they all agree in the substance of his and of his Norman Souldiers and Campanions treacherous barbarous murders by the joynt or separate 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. John 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 Nationâ—… 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 banishment of Queen Emma out of and murder of Prince Alfred in England Harde-Cnute delaying the time in Denmark and deferring his coming into England thereupon Harold formerly King only of the Mercians and Northumbrians that he might reign over all England in the year 1037. A Principibns et omni Populo Rex eligitnr 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 John Speed subjoynes This Dane seeing his hazards prevented sought to secure himself and with 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 had 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 Nobles both of the English and Danes aâ—â—embling 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 received with great joy elected King both by the English and Danes and solemnty crowned at London by â—lnothus Archbishop of Canterbury Soon after he commanded Alfric Arch-bishop 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 swore 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 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 June Anno 1042. thereupon the Earls and Barons of England immediately after his death assembled together in a Great Council about the election of a New King Wherein OMNES ANGLORUM MAGNATES ad invicum tractantes DE COMMVNI CONCILIO ET JURAMENTO STATUERUNT QUOD NUNQUAM TEMPORIBUS FUTURIS ALIQUIS DACUS SUPER EOS IN ANGLIA REGNARET hoc maxime pro contemptibus quos Angli à Danis saepiâ—… acceperunt 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 DANE or person of the Danish blood SHOULD REIGN OR BE KING OVER THEM IN ENGLAND ANY MORE disclaiming all Danish subjection that especially for the contempts which the English had very often received from the Danes For if a Dane had met an Englishmen upon any bridge the Englishman must not be so hardy to move a foot but stand stâ—ll till the Dane was passed quite over it And moreover if the Englishmen had not bâ—wed down their heads to doe reverence to the Danes they should presently have undergone 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 Captaine 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 inheritance of it 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 and 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 Justice 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 mâ—â—t of all the Castles Forts Garrisons Cities Villages throughout England as well those of the Royall and Noble blood 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 Brictâ—icus 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 peaceable 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 moriâ—ur in exilio JURE EI COMPETERE REGNUM aevo
transfert regna mutat imperia propter peccata populi regnare facit hypocritam Peccatum peccaâ—it populus tuus Domino tradidit eos in manus Gentium dominati sunt etiam qui oderunt eos Sed non obliviscitur misereri Deus nec continebit in ira sua milericordias suas Erit enim cum dormis cum patribus tuis sepultus in senectute bona visitabit Dominus populuÌ„ suuÌ„ faciet redemtionem plebis suae Eliget enim sibi viruÌ„ secundum cor suum qui faciet omnes voluntates suâ—s qui me opitulante regnuÌ„ adeptus Anglorum Danico furori finem imponet Erit enim acceptus Deo gratus hominibus amabilis civibus terribilis hostibus utilis ecclesiae Qui cum praescriptum terminuÌ„ regnandi in justitia pace compleverit laudabilem vitam sancto fine concludet Quae omnia in beato Edwardo completa râ—i exitus comprobavit Expergefactus Pontifex rursus ad preces lacrimasque convertitur licet faelicitatem suae gentis non esset ipse visurus de malorum tamen fine câ—rtus effectus gratiâ—s agens Deo plurimum graâ—nlabatur Factus igitur animaequior populis poenitentiam praedicabat quibus Dâ—us misericordiam non defuturam constantissime pollâ—… From these passages whether reaâ—â— as man as fictitiâ—us as some repute them I shall onely observe these reall Truths 1. That in King Ethelreds reign great Parliamentary Councils were usually assembled to consult of the weighty affairs state if not succession of the Realm of England 2. That godly men in all ages have been deeply affected with the misery exile disinheriting and extirpation of the Royal Issue and Posterity by invading forreign usurpers and with the oppressions of their native countrey under their usâ— ped power and have poured forth frequent and fervent prayers unto God in secret for their restitution and relief 3. That the Nobility Clergy and people of England have ever had a propense naturall inclination and affection to the true royall Blood and Posterity of the Nation though forcibly constrained to abjure and renounce them for a season by prevailing Intruders electing them for their Kings and preferring them before all others upon the very next opportunity to vindicate their rights and liberties and rejecting the usurpers and their race 4 That though the Kings of England were usually reputed hereditary yet in truth they were for the most part actually elected by the Prelates and Nobles in parliamentary Councils and appointed by the generality of the Clergy and people and had oaths of allegiance given to them by their subjects 5. That God doth many times beyond all probability and expectation restore disinherited Princes to their Crowns of which they have been forcibly deprived after many years dispossession and without any wars or effusion of blood even by the Nobles and peoples own voluntary choice and act without their seeking as he did here restore Prince Edward after 25 years interruption and Aurelius Ambrosius long before to the British Crown to omit all others 6. That Crowns invaded ravished by force of armes and bloodshed are seldome long or peaceably enjoyed by the usurpers themselves or their posterity that of Curtius being an experimentall truth Non est diuturna possessio in quam gladio inducimur All which we find experimentally verified in this History of King Edward his election and restitution to the Crown of England worthy our special observation King Edw. coming to the Crown was not onely very charitable to the poor humble mercifull and just towards all men but also PLURES LEGES BONAS IN ANGLIA STATUIT quae pro majore parte adhuc in regno tenerentur Whereupon about the year 1043 as the Chronecle of Brompton William Caxton in his Chronicle and Mr. Selden inform us Earl Godwin a sugitive in Denmark for the murther of prince Alfred hearing of his piety and mercy resolved to return into England humbly to implore his mercy and grace that he might have his lands again that were confiscated having provided all things for his voyage he put to sea and arrived in England and then posted to London UBI REX ET OMNES MAGNATES AD PARLIAMENTUM TUM FUERUNT Where the King and all the Nobles were then at a parliament here he beseeched intreated his friends kindred who were the greatest Lords of the land after the King that they would study to procure to him the Kings Grace and friendship who having thereupon taken deliberate counsel among themselves led him with them before the King to seek his Grace But so soon as the King saw him he presently appealed him of TREASON of the death of Alfred his brother and using these words unto him said THOU TRAITOUR GODVVIN I THEE APPEAL FOR THE DEATH OF ALFRED MY BROTHER WHOM THOU HAST TRAITEROUSLY SLAIN To whom Godwin excusing himself answered My Lord and King saving your Reverenoâ— and Grace Peace Lordship I never betrayed nor yet slew your Brother unde super hoc pono me IN CONSIDERATIONE CURIAE VESTRAE whence I put my self upon the consideration and judgement of your Court concerning this matter Then said the King KARISSIMI DOMINI COMITES ET BARONES TERRAE c. Most dear Lords Earls and Barons of the land who are my Liege men now here assembled you have heard both my appeale and Godwins answer Volo quod inter Nos in ista appellatione RECTUM JUDICIUM DECERNATIS ET DEBITAM JUSTITIAM FACIATIS I will that between us in this appeale you award right Judgement and do due Justice COMITIBUS VERO ET BARONIBUS SUPER HOC AD INVICEM TRACTANTIBUS Hereupon the Earls and Barons debating upon this businesse among themselves some among them were different in their opinions from others in doing just judgement herein For some said that Godwin was never obliged to the King so Bromton to Alfred writes Caxton by homage service or fealty and therefore HE WAS NOT HIS TRAITOUR and that he had not slain Alfred with his own hands But others said Quod Comes nec Baro nec aliquis Regi subditus BELLUM CONTRA REGEM IN APPELLATIONE SUA DE LEGE POTEST VADIARE That neither the Earl nor any Baron nor any Subject to the King could by the Law wage Battel against the King in his Appeal but ought wholy to but himself in his mercy and to offer him competent amends Then Leofric Earl of Chester or Coventry as Caxton a good man towards God and the world spake and said The Earl Godwin after the King is a man of the best parentage of all England and he cannot deny but that BY HIS COUNCEL Alfred the Kings Brother was slain wherefore I award as touching my part that himself and his son and every of us DUODECIM COMITES the twelve Earls who are his friends and kinsmen should go humbly before the King laden with as much gold and silver as every of us can
carry between his arms offering that to him for his trespasse and submissively deprecating that he would pardon all his rancour and ill-will to the Earle and receiving his homage and fealâ—y he would restore and redeliver his lands intirely to him Vnto which award THEY ALL ACCORDING they all laded themselves with treasure in the manner aforesaid and going to the King declared unto him the order and manner of their JUDGEMENT or AVVARD QUORUM CONSIDERATIONI REX CONTRADICERE NOLENS QUICQUID JUDICAVERANT PER OMNIA RATIFICAVIT The King not willing to contradict them in any thing they had judged ratified the same in all things An agreement therefore being made between them in this manner the Earl presently regained all his lands The generality of our Historians as Bromton confesseth deny that Godwin ever fled into Denmark or left England for the murder of Alfred they generally affirming that he purged himself thereof though falsly CORAM PROCERIBUS before the Nobles in the reign of Harde-Cnute swearing with his compurgators that he never consented to his death NISI REGIA VI COACTUS but through compulsion by royall violence Recording likewise that after the death of King Harde-Cnute Prince Edward was called out of Normandy and elected King principally by the help and counsel of Earle Godwin himself who as Malmesbury and others write perswaded him to accept the Crown and precontracted with him before he came into England Paciscatur ergo sibi amicitiam solidam filiis honores integros filiae matrimonium brevi futurum ut se Regem videat qui nunc vitae naufragus exul spei alterius opem implorat Utrinque fide data quicquid petebatur sacramento firmavit If there were then any such Parliament as this then held at London and such proceedings in it concerning Godwin it was most probably in the year 1043. as I here place it And from these memorable proceedings in it we may observe 1. That there is mention onely of the King Earls and Barons present in this Parliament as members of it not of any Knights of shires Citizens or Burgesses elected by the people of which there is not one syllable 2. That the Earls and Barons in Parliament were the onely Judges in that age in Parliament between the King and his Nobles subjects both in criminal and other causes there decided 3. That Peers in that age were onely tryed and judged by their Peers for treason and capitall offences 4. That appeals of Treason were then tryed in Parliament and the Earls and Barons the sole Judges of them and of what offences were Treason and what not 5. That the Bishops and Clergy in that age bad no votes in matters of Treason and capitall offences 6. That the Judgement of Parliament then rested properly in the Earls and Barons not the King and that their judgement was not repealable by but obligatory to the King himself 7. That no Subject could then by law wage battel against the King in an Appeal 8. That the murther of Prince Alfred then heir to the Crown in the time of Harold an actuall King by usurpation without any good title by his command was reputed a treasonable offence in Earl Godwin for which he forfeited his lands and was forced to purchase his pardon and lands restitution with a great fine and summe to the King 9. That though the Author of the Chronicle of Bromton Caxton out of him stile this Assembly PARLIAMENTUM a Parliament not a COUNCIL yet it is onely according to the style of the age wherein he writ being in the reign of King Edward the third as Mr. Selden proves not according to the dialect of the age wherein it was held to which the term Parliamentum was a meer stranger and CONCILIUM MAGNUM c. the usual name expressing such Assemblies King Edward Anno 1643. immediately after his Coronation came suddenly from Glocâ—ster to Winchester attended with Earl Godwin Siward and Leofric and by their advice forcibly took from his Mother Queen Emma all her gold silver jewels and precious stones and whatever rich things else she possessed commanding onely necessaries to be administred to her there The cause of which unjust act some affirm to be Godwins malice towards her others affirm it to be her unnaturalnesse to King Ethelred her first husband and her own sons by him Alfred and Edward In loving and marrying Cnute their enemy and supplanter when living and applauding him when dead more then Ethelred In advancing Harde-Cnute her son by him to the Crown and endeavouring to deprive Alfred Edward thereof In refusing to give any thing toward Prince Edw his maintenance whiles in exile and distresse although he oft requested her to supply his necessities In having some hand in the murther of Prince Alfred and endeavouring to poyson King Edward himself as the Chronicle of Bromton relates After which by the instigation of Robert Archbishop of Canterbury a Norman born he againe spoiled her of all she had and shut her up prisoner in the Abbâ—y of Werwel upon suspition of incontinency with Alwin Bishop of Winchester from which false imputation she purged her self and the Bishop by passing barefoot over nine red hot ploughshares without any harm Whereupon the King craved mercy and pardon from her for the infamy and injury done unto her for which he was disciplined and whipped by his Mother and all the Bishops there present Anno 1044. There was GENERALE CONCILIUM CELEBRATUN a General Council held at London wherein Wolmar was elected Abbot of Evesham And this year King Edward DE COMMUNI CONCILIO PROCERUM SUORUM as Bromton and others write most likely when assembled in the Council at London married Edith daughter of Earl Godwin in patrocinium regni sui he being the most potent man in all the Realm there being in her breast a magazine of all liberall vertues And this same year most probable by this same Councils Edict Gunilda a noble Matron King Crute's sâ—sters daughter with her two sons Hemming and Thurkell were banished out of England into Flanders from whence after a little stay they departed into Denmark King Edward in the year 1045. assembled together to the port of Sandwich a very numerous and strong Navy against Magnus King of Norway purposing to invade Engl. But Swane King of Denmark then warring upon him hindered his voyage for England The next year 1046. Osgodus Clapa was banished out of England Swane King of Denmark Anno 1047. sent Ambassadours to King Edward desiring him to send a Navy to him against Magnus King of Norway Hereupon Earl Godwin counselled the King to send him at least fifty ships furnished with souldiers Sed quia Leofrico comiti ET OMNI POPULO id non videbatur consilium CAETERI PROCERES DISSUASERUNT nullum ei mittere voluit But because that Council seemed not good to Earl Leofric and all the people and the rest of the Nobles
recordationis Papa Leone de negotiis ecclesiasticis tractabatur Gaudet in eorum adventu illa sanctorum praeclara societas quasi sibi missum de caelo solatium tantorum Patrum praesentiam susceperunt magnum Dei munus judicantes quod à finibus terrae tales viri tali tempore tali conventui occurrissent Igitur patre beatissimo praecipiente nuncii causam pro qua venerant dicturi proceduÌ„t in mediuÌ„ patribus qui assidebant praebentibus cum summa devotione silentium Exponunt desiderium regis ET REGNI PERICULUM dispendium pacis clamorem pauperum lacrimas orphanorum OBDUCTAM ETIAM NECDUM RECENTIS PLAGAE CICATRICEM ASSEREBANT QUAE DANICA RABIE ANGLIS INFLICTA SI REX DECEDERET ACRIOR TIMEBATUR Silentibus nunciis sonuit in ore omnium gratiarum actio vox laudis Praedicatur circa Deum Regis circa Regem plebis devotio Mirantur mansuetudinem David prudentiam joseph divitias Solomonis in tali principe convenisse Tandem summo Pontifice dictante sententiam OMNES IN COMMUNE DECERNUNT PRO PACE REGNI PRO UTILITATE ECCLESIAE pro necessitate pauperum quiete monasteriorum Regem auctoritate Dei beati Petri PRAESENTIS ETIAM SACRATISSIMAE SYNODI à voti hujus vinculo solempniter absolvendum expensas paratas itineri pauperibus erogandas in voti recompensatione construenduÌ„ in Honorê beati Petri regiis copiis monasterium vel aliquod destructum à barbaris reparandum Exhinc legatarii oblatis muneribus quae sanctorum Ecclesiis Rex sanctus direxerat accepta benedictione Pontificis cum literis apostolicis laeti repatriant transvectique in insulam IN CONSPECTU CONCILII QUOD PROPTER HOC IPSUM REGIA POTESTAS COEGERAT epistolam tradiderunt Leo Episcopus servus servorum Dei dilecto filio Edwardo Anglorum Regi salutem apostolicam benedictionem Quoniam voluntatem tuam laudabilem Deo gratam agnovimus gratias agimus â—i per quem reges regnant principes justa odecernunt Sed quia prope est Dominus in omni loco omnibus invocantibus eum in veritate sancti Apostoli cum suo caepite conjuncti unus spiritus sunt pias preces aequaliter audiunt Eâ— QUI A CONSTAT PERICLITARI REGIONEM ANGLICANAM EX TUA DISCESSIONE QUI FRAENO JUSTITIAE TUAE SEDITIOSOS Ejus MOTUS COHIBES Ex auctoritate Dei sanctorum Apostolorum SANCTAE SYNODI absolvimus te à peccato illius voti pro quo Dei offensam times ab omnibus negligentiis iniquitatibus tuis ea nimirum potestate usi quam Dominus in beato Petro concessit nobis dicens Quaecunque solveritis super terram soluta erant in coelis Deinde praecipimus tibi sub nomine sanctae obedientiae poenitentiae ut expensas quas ad iter istud paravaras pauperibus eroges coenobium MonachoruÌ„ in honore sancti Petri apostoloruÌ„ principis aut novum construas aut vetustum augeas â—mendes sufficientiaÌ„ victualium fratribus de tuis redditibus constituas quatenus dum illi assidue inibi Deum laudaverint sanctis angeatur gloria tibi indulgentia Cui loco quicquid contulsris vel collatum est vel conferetur ut ratum sit apostolica authoritate praecipimus ut semper habitatio Monachorum sit nulli laiâ—ae personae nisi regi subdatur Et quaecunque privilegia ibi constituere volueris ad honorem Dei pertinentia concedimus robustissima auctoritate confirmamus infractores eorum aeterna maledictione dampnamus After which Abbot Ailred at large relates the vision of the Anchorite in Worcester-shire and S. Peters command to him therein to eminent King Edward in discharge of his vow to repaire and endow the Abbey of Westminster which he signified in a letter sent by him to the King delivered and read in the Council the very same day the Popes letter was read Ea igitur die loco â—odeÌ„ IN EODEM CONCILIO quo legati redeuntes ab urbâ— apostolicum retulere mandatum epistola etiam viri Dei regi praesentata profertur in medium Lectoque sancti Papae Leonis rescripto loco sequenti beati senis apices recitantur c. Tunc rex laetus alacer ut ei fuerat constitutum pecuniam quam in peregrinationis suae solatium procuraverat disper sit dedit pauperibus operique injuncto intendens animum thesauros â—ffudit When he had fully rebuilt and finished this Monastery he sent Aeldred Archb. of York Guiso Bishop of Wells and Walter Bish of Herefoâ—d again to Rome to Pope Nicholas with a Letter and Peter pence and royall presents desiring his absolution from his former vow and confirmation of the liberties and priviledges of the Abby of Westminster and the lands conferred on it who thereupon granted to this Abbey Vt amplius in perpetuum regiae constitutionis consecrationis locus sit atque reposâ—…orium regalium insignium habitatio perpetua monachorum qui nulli omnino personae nisi regi subdantur habeant que potestatem secundum regulam sancti Benedicti per successores eligere idoneos Abbates c. Absolving and exempting the Abby from all episcopal service exaction Dominion Jurisdictior ratifying all their lands and liberties dâ—nouncing a perpetuall Anathema against the invaders diminishers dispersers or sellers of them with Judas the Traytor Closing his Bull and letter thus Vobis vero posteris vestris regibus committimus ADVOCATIONEM â—uiti nem ejusdem loci OMNIUM TOTIUS ANGLIAE ECCLESIARUM ut vice nostra CUM CONCILIO EPISCOPORUM ET ABBATUM CONSTITUAS UBIQUE QUAE JUSTA SUNT Scientes per hoc vos recepturos dignam mercedem abeo cujus regnum imperium non desinâ—t nec mâ—nuâ—tur in seculum The Kings and Popes letters are at large recorded by Ailred who addes Lectis igitur Aâ—ostolicae majestatis apicibus exultavit in gaudio Rex beatissimus omnique solicitudine quam ex voti obligatione contraâ—erat exuitur CUNCTAQUE REGNI NEGOTIA DUCIBUS PROCERIBUS QUE COMMITTENS totum se divinis mancipabat oâ—s quiu K. Edw after these two Embassâ—ies to Rome by three severall Charters wherein he recites these Embassies the Popes letters in answer to them and the vision aforesaid CUM TOTIUS REGNI ELECTIONE CUM CONSILIO ET DECRETO ARCHIEPIS COPORUM EPIS COPORUM COMITUM ALIORUMQUE MEORUM OPTIMATUM PROSPICIENS assembled in a great parliamentary Council for that purpose granted and confirmed sundry lands and priviledges to this Abby of Westm which all the Prelates confirmed not onely with their subscriptions and the sign of the crosse but likewise with a solemn excommunication In the first of which Charters there is this memorable recital agreeing with Abbot Ailreds relation Edwardus Dei gratia Anglorum Rex c. Scire vos volo quoniam tempore avorum meorum patrisque mei multa gravia bellorum pericula afflixerunt gentem
Anglorum ipsos tam â suis quà m ab extraneis concitata adeo ut penè periclitata sit HAEREDITARIA REGUM SUCCESSIO magnumque interstitium inter fratrem meum Edmundum qui patri meo mortuo successit meque habitum sit invadentibus regnum Swegeno Cnutho filio ejus Regibus Danorum ac filiis ipsius Cnuthi Haroldo Harde-Cnutho à quibus alter meus frater Alfredus crudeliter est occisus solusque sicut Joas occisionem Otholiae sic ego crudelitatem eorum evasi Tandem respectu misericordiae DEI POST PLURES ANNOS EGO EDWARDUS AD PATERNUM SOLUM REACCESSI ET EO POTITUS SINE ULLO BELLORUM LABORE sicut amabilis Deo Solomon tantâ pace rerum opulentiâ abundavi ut nullus antecedentium regum similis mei fuerit in gloria divitiis Sed gratia Dei non me ut assolet ex opulentia superbia contemptus invasit immo coepi cogitare cujus dono auxilio ad regni culmen evasi quoniam dei est regnum cui vult dare illud quia mundus transit concupiscentia ejus qui autem totum se subdit Deo feliciter regnat perpetualiter dives est itaque deliberavi me ire ad lumina subliminum Apostolorum Petri Paulâ— ibi gratias agere pro collatis beneficiis King Edward in the year 1051. released the English From the heavy tribute or Danegeld which Florentius Wigorniensis and Simeon Dunelmensis thus expresse Rex Edvardus Absolvit Anglos A gravi vectigali 38. anno ex quo pater ejus Rex Athelredus Danicos solidarios solvi mandavit c. quod eis pater suus propter 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. use the same words Ailredus Abbas Rievallis de vita miraculis Edwardi Confessoris Col. 383. thus relates it Insuper Tributum illud gravissimum quod tempore patris sui primo classi Danicae pendebatur Postmodum vero fisco regio Annis singulis inferebatur regia liberalitate remisit et ab onere hoc importabili in perpetuum Angliam absolvit Vnde sancto huic regi non inconvenienter aptatur quod scriptum est Beatus vir qui inventus sine macula qui post aurum non abiit nec speravit in pecuniae the sauris Post aurum non abiit quod potius dispersit nec speravit in the sauris 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 stipendiariis Triginto octo millia librarum solvi consuevit Henry de Knighton De eventibus Angliae l. 1. c. 9. fol. 233. 1 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. Graston in his Cronicle p. 170. Speed in his History p. 410. Holinshead 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 gravistmum 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 exhorrnisse 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 que 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 Annalinm 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 soilicet 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 Regâ—â—a 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 conmitabantur 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 Englana 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 Exchequor and Sir Henry Spelman in his Glossary Title Danegold affirms 5. That King Edwards Officers after the Danish Kings expired reignes did collect it of the English Subjects without his privitie to cloath and pay his Souldiers and followers 6. That he out of mercy piety conscience and justice to his people not only restored it to them when collected and brought into his Exchequer without retaining one farthing of it but likewise for ever released it to them so that it was no more collected during his reign 7. That Taxes unjustly leavied upon the poor oppressed people are very pleasing and acceptable to the devill himself who claimes the money so collected for his own and that the Collectors and exacters of such Taxes though for the payment of Armies and Souldiers are really but the devils agents and instruments who will one day pay them their deserved wages 8. That heavy oppressions and taxes though for pretended publike necessities continued for many years together ought not onely to be eternally remitted but restored when collected by all conscientious pious righteous mercifull Saintlike Kings and Governours 9. That illegall heavy Taxes imposed by or for invading Usurpers if once submitted to and not strongly opposed by the generality of the people wil soon be claymed leavied as a customary early legall revennue both by the imposâ—rs and their successors and hardly be laid down and discontinued again for the peoples ease 10. That this tax of Danegeld amounting but to thirty eight or fourty thousand pounds in one whole year was in truth an heavy and intolerable burden and grievous oppression to the whole Nation fit to be abolished and released especially in times of dearth and scarcity Therefore certainly our late illegal taxes without authority of a free and legall Parliament amounting to 120. 90. or 60. 1000 li. monthly when lowest besids Excises Customes Imposts amounting to twice as much more must certainly be far more grievous intollerable to the Nation and so not onely to be remitted abandoned excluded but accounted for and restored to our exhausted oppressed Nation by all those Governours who pretend themselves saints of the highest forme and men ruling in the fear of God against whom this St. Edward the Confessor will rise up in judgement if they imitate not his just and Saintlike president therein All which considerations I recommend to their own and their Collecters Excisers sadest considerations to meditate seriously upon for the peoples ease William of Malmsburies records of this King Edward that he was in exactionibus vectigalium parcus quippe qui exactores execraretur Till we may be able really to record the like of our new Governours and Princes over us we shall never be either a free a peaceable or happy people not they worthy of the name of Saints or Confessors in any English Annals or Kalenders He addes That King Edward with the touch of his hand did miraculously cure sundry persons of the luxuriant humours and swellings about the neck commonly called the Kings Evill which cure in after ages some falsly ascribed non ex sanctitate sed ex regalis prosapiae haereditate â—â—uxisse not to have issued from his sanctâ—tie but from his hereditary royall bloud If his sanctity in releasing and restoring the formentioned insupportable Tributes of Danegeld shall now cure the hereditary Kings and our new Republiques long continued evill and malady of intolerable Tributes Contributions and Excises in this Age we shall register it to posterity for as great a miracle as his first care of the evill Kings only by his touching of it with his royall sacred hand King Edward about the year 1047. calling out of Normandy certain Normans qui olim pauculis beneficiis inopiam Exulis suppleverant who had there releived and supplied his want during his exil to reward them for their benefits advanced them to places of extraordinary honour and trust about him amongst others he promoted Robert Gemeticensis a monk to the Bishoprick of London then to the Arch-bishoprick of Canterbury William to be his Chaplain first and afterwards Bishop of London and another to the Bishoprick of Dorchester which Jugulphus thus expresseth Rex autem Edwardus natus in Anglia sed Nutritus in Normania diutissime immoratus penè in Gallicum transierat adducens attrahens de NormaÌ„nia plurimos quos variis dignitatibus promotos in immensum exaltabat Praecipuus inter eos erat Robertus Monachus c. Caepit ergò totâ terrâ sub rege sub aliis Normannis introductis Anglicos ritus diminui FrancoruÌ„ mores in multis imitari Gallicum idioma omnes Magnates in suis curiis tanquam magnum gentilitium loqui Chartas Chyrographa sua more Francium confici propriam consuetudinem in his in aliis multis erubescere Thereupon Earle Godwin and his Sons being men of high spirits auctores tutores regni Edvardi were very angry and discontented quod novos homines advenas sibi preferri viderent because they saw these new upstarts and strangers preferred before them yet they never uttered a high word against the King whom they had once advanced Upon this occasion Anno 1051 there arose great discords between the English and these Normans quod Angli aspernantèr ferant superiorem Normani nequeant pati parem Henry Huntingdon records That these Normnans accused Godwin and Swaine and Harold his Sonnes to the King that they went about to betray him wherupon the King calling them into question for it they refused to appear without hostages for their safety upon which the King banished them But William of Malmsbury Roger de Hoveden Matthew Westminster Florentius Wigorniensis Simeon Dunelmensis Bromton Hygden Henry de Knighton Fabram Graston Holmshed Speed and the General Stream of our Historians relating the businesse more fully make this the originall cause of the difference between them and of the Exile of Godwin and his Sons Eustace Earle of Boloyn who had wedded King Edwards Sister ariving at Dover in the moneth of September 1051. one of his Knights seeking lodging unjustly slew one of the Townsmen whereupon the Townsmen slew him The Earle and his followers being enraged thereat slew divers men and women of the Town and trode their children under their own horses feet The Burgesses upon this assembling togetherto resist them after a feirce Encounter put the Earle and his followers to flight slew eighteen or twenty of them in the pursute and wounded many more so that the Earle escaped only with one of his followers to the King then at Glocester where he grievously incensed the King against the Englishmen by reason of this tumult which he and his followers occasioned Whereupon Earle Godwin being much incensed at the slaughter of his men in the Burrowgh of Dover he and his sons assembled a great Armie out of all the Towns and Countries subject to them The King sending for Godwin to
without expecting any actual violence to banish and expell them From all these memorable Historical passages as we may observe the great unconstancy vicissitude and changes of earthly Princes favours worldly honours preferments and popular favour with the great inconveniencies of admitting or advancing forreigners to any places of trust or power under the King or Court so we may likewise conclude that by the Law of that Age. 1. That no Englâ—sh man ought to be condemned executed imprisoned or put to death upon any great mans bare suggestion no not by the Kings own speciall command which if given ought to be disobeyed in such cases but only by and after a Legall hearing tryall and conviction of the offence 2. That the Kings of England were then sworn and obliged to govern their people by good just and wholesome Laws and Customes not by their arbitrary pleasures powers or commands 3. That the Parliamentary Councels and Nobles in that age were very carefull to defend and maintain the Liberties Rights good Laws and Customs of the people and to prevent and abolish all unjust Laws and Encroachments repugnant to them 4. That Parliamentary Councels were then frequently summoned by the King upon all publique emergent occasions and differences and to make war and peace either at home or in forreign parts 5. That the Parliamentary Councels of that time consisted of the Earles Barons Nobles and Praelates of the Realme duly summoned to them without any mention of Knights or Burgesses elected and sent to them by the people of which there are no presidents in this Kings reign Enough to prove Modus Tenendi Parliamentum supposed to be made and observed in this age a meere 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 fist 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 Councels 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 ratification and better inviolable observation of these Laws and perpetuating them to all posterity SIR will you grant and keep and by your Dath 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 Edward 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 subject 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
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 Jerusalem 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 fit to slay him by reason of his Dukedom but they beheaded all his men both English and Danes and spoiled him of all his horses arms and houshold-stuff whereupon being deprived of his Earldom he went with his wife and children into Flanders and at last invading Northumberland and joyning with the Danes against his own brother King Harold was there slain by him in battel with all his forces His daughter Queen Egitha besides her forementioned repudiation by King Edward and the imprisonment and disgraces put upon her by him for her Fathers sake was never carnally known by him as his wife out of a detestation to her Father Godwin because he would not ingender heirs to succeed him in the royal Throne out of the Race and séed of such a Traytor as many Historians assert Even so let all other such like perfidious Traytors their Posterities perish who imitate him and them in their Treasons Perjuries Rebellions and will not be warned nor reclaimed by his or their sad examples The same year Earl Godwin thus perished Rbeese brother of Griffin King of Southwales was slain by King Edwards command and his head brought to Glocester to the King on the Vigil of Epiphany for his manifold Treasons rebellions and frequent depredations upon his English Subjects King Edward Anno 1054. commanded Sywarà the valiant Duke of Northumberland to invade Scotland with an Army of horse and a strong Navy to remove Mackbeoth K. of Scots to whom he had formerly given the Realm of Scotland to hold it of him and make Malcolm the King of Cumberlands Son King in his place Who thereupon entring Scotland with a puissant Army fought a set battle with Mackbeoth slew many thousands of the Scots and all the Normans who went to him out of England chased him out of Scotland then totally wasted and subdued by Syward and deprived him both of his Life and Realm Which being effected King Edward gave the Realm of Scotland to Malcolm to be held from and under himself Not long after Duke Syward being likely to die of a flux when he saw death approaching said What a shame is it that I who could not die in so many battels and warrs should be reserved to die with disgrace like a Cow Wherefore put upon me my impenetrable coat of male gird me with my sword set my helmet upon my head put my buckler in my left hand and my gilt battel-ax in my right hand that being the strongest of all Souldiers I may die like a Souldier Whereupon being thus armed as he commanded he said Thus it becomes a Souldier to die and not lying down in his bed like an Ox and so he most honourably gave up the Ghost But because Walteof his Son was then but an insant his Earldom was given by the King to Tosti son of Earl Godwin whose Earldom after Godwins sudden death was bestowed on Harold and Harolds Earldom given to Algarus Earl of Chester Earldoms in that age being only for life not hereditary In the year 1055. King Edward Habito Londoniae Concilio holding a Parliamentary Councill at London banished Algarus Son of Earl Leofric quia de Proditione Regis in Concilio convictus fuerat because he had been convicted in the Council of Treason against the King as Henry Huntindon Bromtons Chronicle and Hygden record Yet Florentius Wigorniensis Simeon Dunelmensis Hoveden Henry de Knyghton and others write He was banished sine culpa without any crime Whereupon passing over into Ireland he soon after repaired with 18. piratical Ships to Griffin King of Wales requesting him to give him aid against King Edward Who thereupon forthwith assembling a very great Army out of all his Realm commanded Algarus to meet him and his Army with all his forces at a certain place where uniting their forces together they entred into Herefordshire to spoil and depopulate it Against whom timorous Earl Ralph King Edwards Sisters Son raising an Army and meeting them two miles from the City of Hereford commanded the English to fight on horseback contrary to their custom But when they were about to joyn battel the Earl with his French and Normans fled away first of all which the English perceiving followed their Captain in flying whom the Enemies pursuing slew four or five hundred of them and wounded many more and having gained the Victory took the City of Herford slew some of the Citizens carried away many of them captives annd having burnt and pillaged the City returned enriched with great booties The King being informed of it commanded an Army to be presently assembled out of all England which meeting together at Gloucester he made valiant Earl Harold their General who devoutly obeying his commands diligently pursued Griffin and Algarus and boldly entring into the coasts of Wales encamped at Straddle But they knowing him to be a valiant man not daring to fight with him fled into South-wales Upon which Harold leaving the greatest part of his Army there commanded them manfully to resist the Enemies if there were cause and returning with the rest of the multitude to Hereford he enviroued it with a broad and deep trench and fortified it with gates and barrs At last Messengers passing between them and Harold they made a firm Peace between them Whereupon Earl Algarus his Navy returning to Chester there exacted the wages he had promised them but he repairing to the King received his Earldom from him again This same year Herman Bishop of Salisbury requested of the King and almost obtained leave to remove
his See from Ramesberg to the Monastery of Malmsbury sed Rege jnxta Consilium Procerum id nolente he thereupon resigned his Bishoprick went beyond the Seas and took upon him the habit of a Monk but repenting of his rashness he returned into England three years after and held the Bishopricks of Salisbury and Sherborne united together till the 9th year of King William the Conqueror In the year 1057. Prince Edward son of Edmond Ironside came out of Hungary where he had long lived an Exile into England being sent for thence by his Unkle King Edward who had decreed to make him heir to the Crown after himself but he died at London soon after his return leaving onely Edgar Athelin his son very young and two daughters Margaret and Christiana under the Kings custody and tuition This same year Earl Leofric at the request of his devout Noble Countess Godina freed the City of Coventry from a most grievous dishonest servitude and heavy Tribute wherewith he had formerly oppressed the Citizens being very much offended with them which though frequently importuned by her he would remit upon no other condition but this That his Lady Godina should ride naked through the street of the City from the one end of the market to the other when the people were there assembled Which she to obtain their Liberties from this Servitude and Tribute performed covering her self so with her long fair hair that she was seen and discerned by no body Whereupon the Earl her husband by his Charter exempted the Citizens of Coventry for ever from many payments which he formerly imposed and exacted from them the wisdom of which Earl much benefited the King and people whiles he lived t Algarus his son succeeding him in the Earldom of Mercia in the year 1058. was banished the second time by Kiag Edward but by the assistance of Griffin King of Wales and help of the Norwey fleet which beyond expectation came to assist him he suddenly recovered his Earldom again by force of which he conceived himself unjustly deprived against Law Griffin King of Wales having contrary to his former league and agreement invaded infested England slain the Bishop of Hereford burnt the City harrowed the Country and twice assisted Earl Algarus against King Edward thereupon Anno 1063. Duke Harold by King Edwards command marched hostilely into Wales with his forces to infest Griffin who having notice of his comming took Ship and hardly escaped his hands Hereupon Harold raised a greater Army and likewise provided Ships and furniture after this his brother Tosti and he joyning their forces together by the Kings command began to depopulate Wales and invaded it both by Sea and Land whereupon the Welshmen compelled by necessity gave them Hostages and promised That they would thenceforth pay aTribute to K. Edward as their Soveraign and banish their King Griffin whom they expelled accordingly that year and An. 1064. they out off their King Griffins head and sent it unto Harold who presently transmitted it to K. Edward whereupon the King made Griffins Brothers Blethagent and Redwallo Kings over the Welshmen to whom he gave that land who sware Fealty to King Edward and Harold et ad imperium illorum mari terraque se fore paratos ac omnia quae prius de terra illa Regibus anterioribus fuâ—rant pensa obedienter 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 sides and parting the began fray perforce between these Brothers and stout Warriers severed them one from the other But the King upon this predicted that the destruction of these two Brothers was now near at hand and that their deadly fâ—ud was not long to be deferred For all the sons of the Traytor Earl Godwin were so ungracious covetous oppressive and so extremely unjust that if they had seen any fair Mannor or Mansion place they would procure the owner thereof to be slain in the night withall his posterity and kinred that so they might get possession thereof for themselves Who notwithstanding which their soft and honied speeches although they were but swords did so circumvent the over-credulous simplicity of King Edward that after many enormous wickednesses committed by them he made them Regni Iusticiarios Regni Rectores Dispositores both Justices Rulers and Disposers of the kingdom and likewise Generals and Admirals of his forces both by Land and Sea The many acts of Injustice committed by the sway of power and passion by Earl Godwin and his sons proportionate greatness and the Kings weakness did much blacken that bright time of Peace and made a good man not by acting but induring ill held to be a bad King Tosti after this contest and quarrel with his brother Harold departing in a rage from the Kings Court and comming to the City of Hereford where his Brother Harold had provided a great intertainment for the King slew and cut all his Servants in 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 powdered and that he would provide him sweetmeats The King being informed of this his barbarous villany and scoff commanded that he should be banished for this detestable wickedness which he abhorred Soon after Tosti departing into Northumberland about the 5. of October divers Gentlemen and others of that Country assembling together came with about 200. armed men to York where Tosti then resided both to revenge the execrable murder of some Noble Northumberlanders servants to Gospatric whom Queen Egitha in the cause of her brother Tosti had commanded treacherously to be slain on the 4th day of the precedent Christmass and of Gamel the son of Orue 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 excesliveness 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 posse 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 knew to obey if they were sweetly handled But all of them unanimously refused any reconciliation at all with Tosti whom they Outlawed together with all those who had incited him to make an unjust Law and impose an illegal Tribute upon them Harold hearing these things and minding more the Peace of the Country than his brothers profit recalled his Army and the King having heard their answer confirmed Morchar for their Duke Tosti hateful to all men by the assistance of Earl Edwin was expelled out of England by the Northumberlanders and driven with his wife and children into Flanders whence returning about two years after and joyning with the Danes he entred with the Danes into Northumberland miserably harrowed the whole Country slaughtered the inhabitants and at last was there slain with most of his Souldiers by his own brother King Harold Anno 1066. King Edward as Abbot Ingulphus living in that age records Anno 1065. being burdened with old age perceiving Prince Edgar Atheling his Cosen Edwards son lately dead to be uâ—fit for the royal throne tam corde quam corpore as well in respect of minde as body and that Earl Godwins many and wicked progeny did daily increase upon the earth set his mind upon his Cosen William Duke of Normandy et eum sibi succedere in Regnum Angliae voce stabili sancivit and decreed by a stable vote that he should succeed him in the Realm os England For Duke William was then superiour in every battel and a triumpher against the King of France and his fame was publickly blazed abroad amongst all the Earls of Normandy who were next him being invincible in the exercise of Arms Iudex justissiuâ—us in causarum judicio a most just Judge in the judging of causes and most religious and most devout in the service of God Hereupon King Edward sent Robert Archbishop of Canterbury to him as his Legate a Latere or special Embassador illumque designatum sui regni Successorem tam debito cognationis quam merito virtutis suae Archipraesulis relatu insinuavit and intimated unto him by the relation of his Archbishop that he had designed him to be the Successor of his Realm as well by the debt of kinred as by the merit of Virtue Moreover Harold the Major of the Kings Court comming into Normandy not only swore that he would conserve the Kingdom of England for Duke William after the Kings death but likewise promised upon Oath that he would take the daughter of Duke William for his wife and upon these promises returned home magnificently rewarded After which he subjoins Edwardi piissimi Regis cujus cognatione et consanguinitate inclytus Rex noster Willelmus fundat conscientiam suam regnum Angliae invadendi caeteris Regibus de Danorum sanguine quasi nullius authoritatis ad allegandum interim intermissis William of Malmsbury who flourished in or near that very age thus seconds him After the death of Edward his son Edgar was Neque promptus menu neque probus ingenio Rex itaque defuncto cognato quia spes prioris erat soluta suffragii Willielmo comiti Normanniae successionem Angliae dedit Erat ille hoc munere dignus praestans animi juvenis qui in supremum fastigium alacri labore excreverat Praeterea proxime consanguineus filius Roberti filius Richardi seoundi quem fratrem fuisse Emmae matris Edwardi non semel est quod diximus Forunt quidam ipsum Haroldum a Rege in hoc Normanniam missum alii secretioris consilii conscii invitum venti violentia illuc actum quo se tueretur invenisse commentum quod quia propius vero videtur exponam Harold comming to his farm at Boseam going for his recreation into a fisher-boat and putting forth into the Sea in sport was by a sudden contrary storm arising driven with his companions into the Village of Ponthieu in France where he was stripped and bound hand and foot by the rude Country people and carried Prisoner to Guido their Earl who detained him in Prison to gain a ransom from him Whereupon Harold being of a subtil wit studying how to relieve himself by large promises procured a Messenger to inform Duke William that he was sent by the King into Normandy that what lesser Messengers had but muttered touching his Succession to the Crown of England he might perform by his presence especially that he was detained in bonds by Earl Guido wherby he was hindered to deliver his message notwithstanding his appeal to him which was a great diminution to his honor and if his captivity were to be redeemed with monie he would willingly give it to him and not to Guido Upon which he was by Duke Williams command released brought by Guido into Normandy and there nobly feasted by the Duke where by his valour and policy he gained great reputation with Duke William and that he might more indear himself in his favour he there voluntarily of his own accord confirmed to him the Castle of Dover which belonged to him of right and the Kingdom of England after King Edwards decease whereupon the Duke espoused him to his daughter Adeliza then a child and bestowed her whole ample portion upon Harold and then honourably dismissed him Matthew Westminster Anno 1057. relating this Story of Harolds driving into Ponthieu by storm against his will as hapning in that year and that to ingratiate himself with Duke William
Danish Usurpers who for the Sins of the English reigned for some years over them with rigour and were soon cut off by death CHAPTER 6. Comprising the Historical Passages relating to the Parliamentary Councils Lawes Liberties Properties Rights Government of England Anno 1066. under the Short reign of the Usurper King Harold till the Coronation of King William the First falsly surnamed The Conquerour though never claiming the Crown by Conquest but Title KIng Edward deceasing without any issue of his body to succeed him refusing all carnal copulation with his Queen either out of a vowed virginity as most Historians conclude or out of a detestation of Earl Godwins Trayterous race quod Rex Religiosus de genere proditor is haeredes qui sibi succederent corrupto semine Regio nolue rit procreari as Ingulphus Matthew Westminster and others record thereby exposed the kingdom for a prey to the ambitious Pretenders aspiring after it Upon which consideration praesentiebant plures in ejus morte desolationem Patriae Plebis exterminium totius Angliae Nobilitatis excidium finem libertatis honoris ruinam as Abbot Ailred informs us The English Prelates and Nobles being then all assembled at Westminster to the solemn consecration of the Abbey were much perplexed and the generality of the people exceedingly grieved at his death For although he were Vir propter morum simplicitatem parum Imperio idoneus yet he was Deo devotus ideoque ab eo directus Denique eo regnante nullus tumultus domesticus qui non cito comprimeretur nullum bellum forinsecus omnia domi forisque quieta omnia tranquilla quod eo magis stupendum quia ita se mansuete ageret ut nec viles homunculos verbo laedere noscet Nam dum quadam vice venatum isset et agrestis quidem stabulata illa quibus in casses cervi urgentur confudisset ille sua nobili percitus ira per Deum inquit et Matrem ejus tantundem tibi nocebo si potero Egregius animus quise regem in talibus non meminisset nec abjectae conditionis homini se posse nocere putaret Erat interea ejus apud domesticos reverentia vehemens apud exteros metus ingens fovebat profecto ejus simplicitatem Deus ut posset timeri qui nesciret irasci No wonder then if his death were much lamented by all his Subjects cum omnes et in Rege cernerent unde gauderent et in se sentirent unde dolerent The English Nobility were much troubled and divided in their minds and affections which were wavering touching the election of a fit person to succeed him Fluctuabant Proceres Regni quem sibi Regem praeficerent et Rectorem Many of them favoured William Duke of Normandy as specially designed by King Edward to succeed him others of them inclined to Prince Edgar Atheling as the next and right heir to the Crown Cui de Iure debebatur Others of them favored Harold Earl Godwins son as being a person then of greatest Power and Valour in the Realm Anglia dubio favore nutabat cui se Rectori committeret incerta an Haraldo an Willielmo an Edgaro Nam illum pro genere proximum regno Proceribus Rex commendaverat Harold being a crafty subtil man knowing that delayes were hurtfull to those who were prepared on the very day of Epiphany whereon King Edward was buried having the command of all the Militia and forces of the Realm as General and Vice-roy to the deceased King by the strength of himself and his kinred and friends invaded and seized upon the royal Crown and then presently set it upon his own head crowning himself King without any Title Right or due Election by the Nobles or Coronation by the Bishops whereby he incurred the hatred both of the English Prelates and Pope and then extorted allegeance from the Nobles as William of Malmsbury Matthew Paris Ingulphus Henry Huntindon Matthew Westminster the Chronicle of Bromton Knyghton Caxton Mr. Fox Speed and some others attest But Marianus Scotus Florent Wigorniensis Roger de Hoveden Sim. Dunelm Radulfus de Diceto Eadmerus Hygden Fabian Grafton with others write in favour of Harold that King Edward before his death made him not only his General but Vice-roy and ordained that he should be King after him Whereupon A totius Angliae Primatibus ad regale culmen electus he was elected to be â—ing by all the Nobles of England and solemnly consecrated and crowned King by Aldred Archbishop of Yorke And so Juxta quod ante mortem Edwardus statuerat in Regnum ei successit Haroldus writes l Eadmerus That King Edward designed him for his Successor in the Crown seems very improbable because Harold himself never alleged nor pretended it in any of his Answers to Duke Williams Embassadors to him who claimed the Crown by his speciall bequest and designation in his life-time and because King Edwards hatred to Godwin and his Posterity seems inconsistent with it William of Malmsbury an impartial disingaged Author living in or near that time gives us this determination of these different relations Recâ—nâ—i adhuâ— regalis funeris luctu Haroldus ipso Theophaniae die extorta a Principibus fide arrâ—… Diaâ—â—ma quaâ—ivis Angli dicant a Rege concessuâ—… quod tamen magis benevolentia quam judicio allegari existimo ut illi haereditâ—tens transfunderet suam cujus semper suspectam habuerat potentiam Quamvis ut non celetur veritas pro persona quam gerebat regnum prudentiae fortitudine gubernaret si legitime suscepiscet Abbot Ingulphus living at that time thus relates his intrusion into the Throne against his Oath In crastino Regiâ—funeris Comes Haroldus contra suum statum jusjurandum contempter praestiâ—ae fidei ac nequiter oblitus sui Sacramenti Throno Regio se intrusit yet adds per Archiepiscopum Eboracae Aldredum solenniter coronatus Henry Huntindon thus records it Quidem Anglorum Edgar Adeling promovere volebant in Regem Haroldus vero viribus et genere fretus Regni Diadema invasit The Chronicle of Bromton and Knyghton thus give us the story of it Sancto Edwardo rege et Confessore mortuo quidam Anglorum Magnates Edgarum Adelynge filium Edwardi filii Regis Edmondi Ironside in Regem promovere moliebantur sed quia puer erat et tanto oneri minus idoneus et in bursa minus refertus Haroldus Comes viribus et genere fretus Cui erat Mens astutior crumena fâ—â—undior et miles copiosior et pompis gloriosior sinistro omine Regnum occupavit et contra Sacramentum quod Willielmo Duci Normanniae praestiterat Regni Diadema sinistro omine illico invasit et sic perjurus sancto Edwardo successit juxta quod idem Edwardus ut quidam aiunt ante mortem suam statuerat promissione quam idem Rex dum juvenis in Normannia extitit dicto Willielmo de sâ—â—cedendo post cum in
this character of him Superbia elatus jam factus de Rege Tyrannus Rex Haroldus in multis patrisans temerarius suit et indiscretus in praesumptione ancipiti nimis suae invictae considens fortitudini laudis cupidus et Thesauri promissorum immemor arridente prosperitate Unde ipsis Anglis quibus praeerat etiam consanguineis se praebuerat odiosum victoriamque cum illi Dominus exercâ—tuum et Deus ultionum concesserat non Deo sed sibi suaeque ascripsit strenuitati Quod recenti experientia fuerat comprobatum cum a Noricis evictis Superbus spoliisque omnium retentis quae aliis promissa debebantur ad Normannorum praelia praecipitanter et inconsultè festinavit Unde Ducis Gulihelmi magnanimi in negotiis bellicis peragendis et circumspecti fidelis in pollicitis in pace socialis jucundi in conviviis dapsilis et sereni omnibus fere tam Anglis quam conterminis maxime tamen Noricis acceptabatur Recipientes eum benevole dicebant Benedictus qui venit in nomine Domini Rex pacificus bellator victoriosus pater protector desolatorum Dominus autem Papa simulque fratres Cardinales universi cum tota Curia Romana Regem Haroldum semper exosum habentes pro eo quod sibimet diadema Regni sine eorum convenientia et ecclesiastica solemnitate consensuque Praelatorum praesumpserat injuriam dissimularunt Et videntes que fine ausa praesumptio terminaretur cum fortuna adversa sunt adversati potentiorique manu atque victrici more cupidorum vel potius arundinis exagitatae ventorum turbine quantocius inclinaverunt Such was the Popes Clergies temper then Duke William being certainly informed that Harold contrary to his Oath and promise to him had without right or Title invaded the Crown and being secretly invited by some of the English Nobles to challenge his own right thereunto by Kings Edwards designation sent Messengers to Harold who mildly reprehending him for his breach of Covenant added by way of menace that he would before the year expited exact his due from him by force of arms in case he refused voluntarily to yield up the kingdom to him But Harold growing secure contemning his threats as never likely to be put in execution both because the Dukes daughter to whom he was espoused was dead and himself involved in wars with his Neighbour Princes returned his Messengers to him with this answer Harold King of England sends you this answer That true it is when he espoused your daughter in Normandy being compelled by necessity He sware that the Realm of England should belong to thee But against this he asserts That a forced Oath is not to be kept For if a vow or oath which a Virgin had knowingly made concerning her body in the house of her Father without her parents consent was revocable and void much more the Oath which he being under the Scepter of the King had made without his knowledge by compulsion ought to be nnlled and made voyd as he asserted Moreover he affirmed Nimis praesumptuosum fuisse quod absque generali Consensu Regni Haereditatem vobis juraverat alienandam Addidit etiam Injustum esse peâ—ere ut e regno discedat quod tanto Principum favore susceperat gubernandum That it was overmuch presumption in him that without the general consent of the Realm he had sworn the inheritance thereof should be alienated to him That King Edward being then living he could neither give away the Kingdoms succession to him nor grant it to any other without his consent et sine popull consensu Senatus Decreto et nesciente omni Anglia de toto Regno necessitate temporis coactus impegerit and without the consent of the people and decree of the SENATE or Parliament he could not promise to him the whole Realmof England without the knowledge of all England being compelld therto only by the necessity of the time Adding moreover that it was unjust to demand that he should depart from that kingdom which he had undertaken to govern with so great favour of the Nobles Eadmerus Radulphus de Diceto and some others record this to be his Answer then returned to Duke William Soror mea quam juxta condictum expetis mortua e 〈◊〉 Quod si corpus ejus quale nunc est vult Comes habere mittam ne judicer Sacramentum violasse quod feci Castellum Dofris et in eo puteum aquae licet nesciam cui ut vobis convenit explevi Regnum quod necdum fuit meum quo Iure potui dare vel promittere Si de filia sua quam debui in uxorem ut asserit ducere agit Super Regnum Angliae mulierem extraneam inconsultis Principivus me nec debere nec sine grandi injuria posse adducere noverit The Norman who till then thought England sure to be his and had devoted his hopes from a Duke to a King stormed to see himself thus frustrated on a sudden and instead of a Crown to have such scorns heaped on his head therefore nothing content with this slight and scornfull answer returnd his Ambassadors again to Harold by whom he laid his claim more at large As that King Edward in the Court of France had faithfully promised the Succession unto him and again ratified the same unto him at his being in England and that not done without consent of the State but confirmed by Stigand it should be Robert Arch-bishop of Canterbury the Earls Godwin and Siward yea and by Harold himself and that so firmly assured that his Brother and Nephew were delivered for pledges and for that end sent to him into Normandy that he being no way constrained to swear as he pretended he appealed to Harolds own Conscience who besides his voluntary offer to swear the succession of the Crown unto him contracted himself to Adeliza his daughter then but young upon which foundation the Oath was willingly taken But Harold who thought his own head as fit for a Crown as any others meant nothing less than to lay it down upon parly and therefore told Williams Embassadours plainly That however Edward and he had tampered for the Kingdom yet Edward himself coming in by election and not by any Title of Inheritance his promise was of no validity for how could he give that wherein he was not interested nor in the Danes time was likely to be and tell your Duke that our Kingdom is now brought to a setled estate and with such love and liking of the English as that they will never admit any more a stranger to rule over them That the Duke himself well knew that the Oath he made him was only for fear of death or imprisonment and that an Oath so extorted in time oâ— extremity cannot bind the maker in Conscience to perform it for that were to joyn one sin with another With which and the like Speeches he shifted off the Dukes Embassadours without any Princely entertainment or
night he lodged in England in his Pavillion there came a voice unto him saying William William â—be thou a good man because thou shalt obtain the Crown of the Realm and shalt be King of England and when thou shalt vanquish the enemy cause a Church to be built in the same place in my name so many hundred foot in length as in number of years the seed of thy bloud shall possess the Government of the Realm of England and reign in England an 150. years But q Matthew Westminster writes this voice was after the battel with Harold not before it and the subsequent words in Knyghton touching his march to London import as much Harold residing in the North after his great victory there when he deemed all his Enemies totally broken in pieces received certain intelligence that Duke William was safely arived at Pevensey with his Fleet and an innnwerable company of valiant Horsemen Slingers Archers and Footmen whom he had hired out of all France Whereupon he presently marched with his army in great haste towards London and although he well knew that most of the valiant men in all England were slain in the two late Battels against Tosti and the Danes that many of the Nobility and Common Souldiers had quite deserted him refusing to march with him in that necssity because he permitted them not to share with him in the great booties they had won with their bloud and that half his Army were not come together yet he resolved forthwith to march into Sussex against the Enemy and fight them with those small forces tired he then had being most of them Mercenaries and Stipendiaries except those English Noblemen Gentlemen and Freemen who enflamed with the love and liberty of their Native Country voluntarily engaged themselves with him in the defence thereof against the common dangerous invading Enemy rather than to support his usurped Diadem and Royalty over them of which number there were very few Immo vero paâ—â—i et manu pomptissimi fuere qui charitati corporum renunciantes Pro patria animas posuerunt Nam praeter Stipendiarios et Mercinarios milites paucos admodum ex comprovincialibus habuit Praecipitabant eum nimium fata ut nec auxilia convocari vellet nec si vellet multos parituros invenerat lta omnes ei erant infeâ—si quod solus manubiis Borealibus incubuerat Unde cum suis quos ductabat astutia Gulieâ—mi circumventus fusus est levi videlicet belli negotio sed occulto et stupendo Dei consilio quod nunquam posteà Angli Communi praelio in libertatem spiraverint quasi cum Haraldo omne robur deciderit Angliae quae certe Potuit et debuit etiam per inerâ—issimos solvere paenas perfidiae Yet Thomas of Walsingham and some others write that Harold had gathered together an innumerable company of Englishmen against Duke William and the multitudes of the Nobility Gentry and Commons of England slain in the Battel besides those who fled from it and could not come to fight manifest his Army not to be so small as these Authors would make it only to augment the Englishmens valour and ecclipse the Normans as overcomming them more by stratagem and multitude than true fortitude Whiles Harold was in his march towards William within 9 miles of his Fort in Sussex he sent out Scouts before him to discover the forces and numbers of the Enemy who being intercepted and brought to William he caused them to be led about his tents that they might well view his Army and then being bountisully feasted he commanded them to be sent back to their Master without any harm Who returning to Harold commending the Dukes magnificence martial prowess and clemency seriously affirmed that all his Souldiers seemed to be Priests because their faces and both their lips were shaven which kind of shaving none of the English then used but their Priests only Upon which Harold smiling at the Scouts simplicity replied They were not effeminate Priests but Souldiers of great and valourous minds invincible in arms Whereupon Girth Harolds younger Brother a man of great knowledge and valour beyond his years taking the Speech out of his mouth said Seeing you commend the valour of the Normans to be so great I hold it unadvised rashnesse for you to fight with them to whom you may be reputed inferiour both in merit and valour Neither are you able to gainsay but that you took an Oath to William to reserve the Crown to his use voluntarily or unvoluntarily Wherefore you shall doe more advisedly to withdraw your self out of the field in this instant necessity ne si perjurus decertans vel fugam vel mortem incurras lest fighting perjured you incurre either flight or death and the whole Army perish for your sin of Perjury seeing there is no fighting against God Therefore expect the issue of the battel without danger For we are altogether free from any Oath justum suscipimus bellum pro Patria pugnaturi and have undertaken a just warr to fight for our Country If we fight alone without thee thy cause shall prosper better and thou shalt be more safe whatever befalls us For if we fly thou maist be able to succour and restore us and if we be slain thou maist revenge us But such was Harolds unbridled rashness that he would not give a pleasing ear to this admonition esteeming it inglorious and a great dishonour to his former life and valour to turn his back to any Enemy or danger Whiles these discourses passed between them in comes a Monk sent by Duke William claiming the kingdom as his Because King Edward had granted it to him by advice of Archbishop Stigand and of the Earls Godwin and Siward and had sent the Son and Nephew of Godwin hostages thereof into Normandy But to avoid effusion of Christian bloud the Monk brought him these three profers Either to depart with the Realm to William according to his Oath and agreement Or to hold the Kingdom from and reign under him Or finally to determine the controversie between them two by a single Duel in the view of both their Armies But Harold out of a strange imprudence impudence pride of heart as one whom the heavens would depresse accepting neither domestick counsel nor the Normans offer would neither vouchsafe to look upon the Messenger with a good countenance nor discourse with him in milde terms but sending him away with indignation prayed only thus That God would judge between him and his Master William To whom the Monk boldly replying required that if he would deny the right of William he should either referr it to the Judgement of the See Apostolick or else to battel if he had rather by which he asserted that William was ready to trie his Title But Harold answering nothing to those his Proposals but what he had done before went within little of laying violent hands upon the Embassador commanding William
absoleverunt non paucis ante adventum Normannorum annis Clerici literatura tumultuaria contenti vix Sacramentorum verba balbutitbant stupori et miraculo erat caeteris qui grammaticam noscet Monachi subtilibus indument is et indifferenti genere ciborum regulam ludificabant Optimates gulae venerii dediti Ecclesiam more christiano mane non adibant sed in cubiculo et inter uxorios amplexus matutinorum solemnia et Missarum a festinante presbytero auribus tantum libabant Vulgus in medio expositum praeda erat potentioribus ut vel eorum substantiis exhaust is vel etiam corporibus in longinquas terras distractis acervos the saurorum congererent quamvis magis ingenitum sit illi genti commessationibus quam operibus inhiare Illud erat a natura abhorrens quod multi ancillas suas ex se gravidas ubi libidini satisfecissent aut ad publicum prostibulum aut ad aeternum obsequium vendicabant Potabaâ—nr in commune ab omnibus in hoc studio noctes perinde ut dies perpetuantibus parvis abjectis domibus totos sumptus absumebant Francis Normannis absimiles qui amplis superbis aedificiis modicas expensas agunt Sequebantur vitia ebrietatis soâ—ia quae virorum animos effaeminant Hinc factum est ut magis temeritâ—te et furore praecipiti quam scientia militari Willielmo congressi uno praelio ipso perfacili servituti se patriamque pe ssundederint Ad summam tunc er ant Angli vestibus ad medium genu expediti crines tonfi barbas rasi armâ—llis aureis brachia onerati picturatis stigmatibus â—uâ—em insigniti in cibis urgentes crapulum in potibus irritantes vomicâ— Et haec quideÌ„ extrema victoribus suis participarunt de caeter is in corum mores transeuntes Sed haec mala de omnibus generaliter Anglis dicta intelligi nolim Scio clericos multos tunc tempor is simplici via semitam sanctitatis trivisse Scio multos Laicos omnis generis conditionis in hae eadem gente Deo placuisse faecessat ab hac relatione invidia non cunctos pariter hac invâ—lvat calumnia Verum sicut in tranquillit ate malos cum bonis fovet plaerumque Dei serenitas ita in captivitate bones cum malis nonnunquam ejusdem constringit severit as I have insisted more largely upon the Historical part of Harolds usurpation perjury short and troublesom reign tragical death Duke Williams claims to and manner of acquiring the Crown of England for this reason especially To refute the common received Error of some ignorant Historians of many illiterate Statists and Swordmen of this age and of sundry temporizing Ignoramusses of my own robe who publickly averr in their Pamphlets Speeches Charges and Discourses that Duke William claimed and obtained the Crown of England only as a Conqueror and thereupon altered the antient Laws Customs of the Realm and gave New Laws unto it by his own absolute power as a Conqueror thereof Upon which false Ground they inferre That those in late and present Power coming in by the same Title of Conquest may lawfully give new Laws to impose what Taxes Government they please upon the English as well as Scotish and Irish as a meer conquered Nation by their own inherent authority seeing by the Laws of Warr regularly all Rights and Laws of the place and Nation conquered be wholly subject to the Conquerors will And hereby they justifie all their late Impositions Taxes Excises Sequestration Seisures Sales of all the publike revenues of the Nation and many thousand private mens Estates by their Westminster and White-Hall Ordinances Edicts with the changes of our Government new-modellings of our Parliaments and all other irregular proceedings destructive to our Fundamental Rights Laws Liberties Government which they formerly covenanted inviolably to maintain without grant or consent by any free full lawfull English Parliaments Now to demolish all these their superstructures by subverting their false Foundation of D. Williams pretended Title to the Crown of England only by Conquest It is most apparent by the premised Historical Authorities 1. That King William alwayes claimed the Crown of England both before at and after his Coronation as of right belonging to him by the promise gift contract gift and bequest of Edward the Confessor and as his heir and next kinsman by the Mothers side 2. That he alleged this gift and grant of the Crown to him to be made with the consent of the Archbishops of Canterbury Earls Godwin Syward and other Nobles of the Realm ratified by special Messengers sent unto and Hostages delivered him for its performance and by Harolds own solemn agreement and Oath sent to him by King Edward for that purpose as himself at least suggested to him which designation and grant of King Edward to William was no fiction but a truth confessed by all our Historians and Harold himself who by his answers never denyed but only endeavoured to evade it and voluntarily acknowledged by all the Nobles of England both at his Coronation and in Parliament it self in the 4. year of his reign 3. That after King Edwards decease divers of the Nobles would have elected William King in pursuance hereof but that Harold perjuriously usurped the Crown by meer force and power without the least right unto it or any election by the Lords or people setting the Crown on his own head the very day King Edward was interred and thereby prevented Williams election to it 4. That hereupon divers of the Nobles Prelates and other English sent private Messengers to William into Normandy to come and demand his right to the Crown as due unto him promising hostages and their assistance to recover it 5. That thereupon he sent Embassadors twice or thrice to Harold one after another before his landing insisting on his meer right and Title to the Crown to gain it by parly without effusion of bloud 6. That upon Harolds obstinacy he appealed to the Pope and to all his Nobles assembled in a Parliamentary Council for the justice of his Title and Right to the Crown who declared his Title Lawfull and Just and thereupon encouraged assisted him all they could to regain it by force of arms from the Usurper Harold who would not otherwise depart from it 7. That immediately after his landing he made claim unto it only by the foresaid Right Title and thereupon prohibited his Souldiers to plunder the Country or hurt any of the Inhabitants as being his by right 8. That very few of the English Nobility or Nation would march or engage with Harold against William and sundry withdrew themselves from the battel as conscious of Harolds usurpation perjury and Williams just cause against him however other causes were then pretended and amongst the rest his own Brother-in-laws the greatest Peers of the Realm Earl Morcar and Edwin deserted him in the fight 9. That after the first battel won and Harold slain all
example of Abbot Frederick Stigand Egelsine and the Kentish men 27. That true heroâ—ck English Freemen preferr their old Native Liberties Laws Customs before their Lives and would rather die fighting for them in the field than depart with them upon any Terms to a victorious Soveraign or subject themselves to the least publike Servitude the name whereof hath been ever odious to them much more the thing it self 28. That the best means to preserve our publike Laws Liberties Customs against all Invaders of them is manfully resolutely and unanimously to stand up in their defence both by words and deeds when they are most indangered That such persons Counties places who have appeared most stout and resolute in their defence when others have generally deserted surrendered or betrayed them have thereby preserved secured perpetuated them to themselves and their posterities when all else have lost and been deprived of them yea gained immortal honour and precedency of all others to boot Witnesse the Kentishmen 29. That the Stoutest Maintainers of their Countries Laws and Liberties are commonly most odious to most injured oppressed by tyrannical Soveraigns though upon other pretences witnesse Archbishop Stigand Abbot Frederick and Egelsine Yet this must not deterr them from their duties 30. That no age or person ever yet reputed Conquest a just safe prudent Title or Pretext to the Crown of England but ever disclaimed it as most absurd and dangerous to their interests 31. That the murdering or disinheriting of the right heir to the Crown hath been the Principal occasion and ground-work of all the great sad revolutions of Government in this Island and of the translations of the Crown and Kingdom from the Britons to the Saxons from the Saxons to the Danes and since from both of them to the Normans by the murther of Prince Alfred and rejection of Prince Edgars 32. That when Treachery Perjury Oppression Murder Violence and other sins forementioned have generally overspread the Kingdom and infected all sorts and degrees of men then National Judgments Forein invasions publike Revolutions of Governours and Government yea all sorts of Calamities Warrs Troubles may be justly feared expected inflicted as the fruits punishments of these epidemical crying Transgressions 33. That Crowns and Kingdoms have their Periods and Revolutions as well as private possessions Families and that by the secret Justice and wise disposing Providence of God who disposeth translateth dissipateth dissolveth Kingdoms at his pleasure and giveth them to whomsoever he pleaseth 34. From the whole we may observe with the Chronicle of Bromton and Mr. Fox That as the English-Saxons had most unjustly against their Oathes and Trusts formerly subdued and expelled the Britons by the just judgement of God upon them for their sins out of the possession of the Throne and Kingdom of Britain by the power of the sword so God himself by divine retaliation for the like Sinnes of the English Saxons after many years bloudy intestine warrs between themselves wherein many of their Kings multitudes of their Nobles and Millions of the Common Souldiers and people were slain and lost their lives first plagued infested them for many years and at last totally subdued and dispossessed them of the Crown and Kingdom for some years space by the bloudy Danes after that subjected them to the Normans yoke who possessed themselves of the Crown and Realm of England instrumentally by the Sword and put by both the Saxon Invader Harold and his Posterity with Edgar the Saxon heir in such sort as here you have read The Lord sanctifie all these Collections and Observations to the greatest publike good and settlement of our unsetled distracted English Nation and the private benefit of all who shall peruse them that they may aim only at that kingdom which cannot be shaken and that Crown of glory which fadeth not away not at temporal Crowns and kingdoms which are so fading transitory full of Thorns Crosses Cares Fears Vexations Tortures Perils Deaths FINIS Omissions and Errataes Kinde Reader I present thee with some Historical Passages casually omitted in their due places and such Errors as have hapned at the Press which I desire thee to correct PAge 10. line 8. One Thunder maliciously accused Aethelbert and Aethelred two kinsmen of Egbert King of Kent educated and brought up in his Court that they intended some time or other to take away his kingdom from him and thereupon advised the King either to banish them both into some farr Country or to deliver them unto him to destroy and murder without any legal Trial or conviction of their guilt Which Thunder often instigating the King to doe and he but coldly prohibiting or disliking thereupon Thunder in the Kings absence rashly presumed ignominiously to murder them in the Kings Palace and then buried them under his Royal Chair in a Village called Estria The King returning to his Court in the dead of the night there appeared a bright pillar sent from heaven which filled his whole royal Palace with an unspeakable brightnesse which the Kings servants beholding were so terrified that they fell down to the ground and became almost distracted The King being awaked with the tumult of his Guard and being ignorant of the cause thereof arose that he might go and hear Mattens as he was accustomed And going out of his house he saw the City shining with the beams of the new splendor Upon which missing his Kinsmen he sent for Thunder and demanded of him where they were who answered him like Cain Am I thy Kinsmens keeper To which the King replied Thou hast always sinisterly accused them unto me and therefore most wicked wretch thou oughtest to shew me where they are Whereupon he informed him of their murder and burial whereat the King was very angry with him But returning at last to himself he refunded the Crime whole wickednesse on himself and being confounded beyond measure spent the residue of the night in tears When the day appeared he sent for the Archbishop Adeo-datus et Magnates quos habere potuit convocarâ— praecepit and causing the Nobles to be called together related the whole businesse to them The Archbishop gave counsel that the bodies of these Innocents should be removed to the Cathedral Church and there interred in a royal manner Thereupon putting their bodies with Saints reliques into Coffins and Carts they intended to carry them to Christs Church in Canterbury but in vain because they could not stirre their corps nor remove them out of the place although they attempted it with much endeavour and force Vpon this changing their counsel they intended to remove them to St. Augustines Church neither yet could they effect it At last they resolved they should be removed to the most famous Monastery of Waermen upon which the Carts presently removed with ease as if they had no burden and they were buried by the High Altar in this Monastery Kinewalchus King of the West Saxons