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
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
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
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
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
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
Alferus Duke of Mercia and many other Nobles siding with the maried Secular Priests against the Monkish Clergy combined to advance â—oung Ethelred electing him unanimously for their King disavowing Edward as illegitimate and begotten of an harlot before mariage as Malmesbury de Gestis Regum l. 2. c. 8. Osburn in the life of Dunstan Nicholas Trivet Johannis Parisiâ—nsis Vincentius Antoninus Matthew Parker in the Life of Archbishop Dunstan Mr. Fox and others repute him though Ingulphus Huntindon Hoveden Mat Westminster Florentius Wigornensis Bromton Abbot Ethelred Simeon Dunelmensis Radulphus Cistrensis and the generality of our modern Historians repute him Edgars lawfull Son and right heir to the Crown Whereupon the most of the Nobles elected him to succeed unto his Father The two Archbishops Dunstan and Oswald with all the Bishops Abbots and Clergy of the Monkish faction holding their new-gotten States dangerous and their footing unsure if in the nonage of the King their Opposites should rule all under him as they imagined they would if Ethlred were elected by them thereupon abetted the Title of Edward as altogether wrought to their mould and treading in his Fathers footsteps lawfully begotten in the nuptial bed of Queen Ethelfleda right heir to his Father and by him designed to succeed him Their claimes thus banded amongst the Nobles Duustan and Oâ—… foreseeing the danger prudently assembâ—… all the Bishops Abbots and Nobles together in a Great Council to debate their rights and settle the title Where Archbishop Dunstan as some write comming in with his Cross and Banner dum consecrationis ejus tempore nonnulli Patriae Optimates resistere voluissent not staying for further debating de Jure presented Prince Edward in the midst of them de Facto for their Lawfull King as his Father had declared him at his death Upon which the Major part of the Council being Clergymen elected anointed and consecrated Edward for their King Quibusdam Optimatum murmurantibus some of the Nobles of the contrary party murmuring at it especially Queen Elfrida who thought to advance her young Son to the Throne that so she might rule all things and reign under the colour of his name as Dunstan and the Monkish Clergy did under the colour of King Edwards whose Counsels and admonitions he diligently followed in all things and judgements acted by him During the Interregnum and banding of these two parties about the right of the Crown and immediately after Edwards coronation there arose great controversies tumults and civil Warrs between the Monkish Clergy and maried Secular Priests and the Nobles siding with both parties The marieâ— Priests presently upon Edgars death complained to Queen Elfrida Elfere and the Nobles That they were unjustly expelled out of their Churches by the Monks and their prevailing party alleging that it would be a very great and miserable dishonour to the Nation and shame to them ut novus advena veteres colonos migrare compelleret hoc nec Deo gratum putari qui veterum habitationem concessiâ—…eâ— nec alicui probo homini qui sibi idem timere possit quod aliis praejudicio accedisse cerneret Hereupon many clamours and tumults arising among the people they went to Archbishop Dunstan Praecipue Proceribus ut Laicorum est succlamantibus praejudicium c. but especially to the Nobles as the manner of Laymen is crying out unto them that the Secular Clergy were prejudged and suffered unjustly being expelled their 〈◊〉 posessions without cause that they ought to be more mildâ—y dealt with and restored to their Rights Dunstan giving a deaf ear to these their just complaints many of the Princes and Nobles thereupon in a tumultuous manner expulsed the Abbots and Monks out of the Monasteries wherein King Edgar had placed them and brought in the maried Clerks with their wives in their places as at first Among others Alfere Earl of Mercia gathering great forces and using much insolence overturned almost all the Monasteries King Edgar and Bishop Ethelwold had built in the Province of Mercia quorundam Potentum assensu â—t factione placing maried Priests in them This they did magnis occaecati muneribus by the maried Clergy as Hoveden Simeon Dunelmensis Florentius Wigorniensis and our Monkish Historians asâ—ert To which Abbot Ingulphus subjoyns Cujus Regis Edwardi sancta simplicitate et innocentia tà m abusa est factio Tyrannorum peâ— Reginae favorem et potentiam praecipue roborata quod per Merciam Monachis de quibusdam Monastertis ejectis Clerici sunt inducti Qui statim Monasteriorum maneria Ducibus terrae distribuebant ut sic in suas partes obligati eos contra Monachos defensarent Tunc de Monasterio Eveshamensi Mon â—châ—s expulsis Clerici fuerunt introducti Terraeque Tyranni de terris Ecclesiae praemiati sunt quibus Regina cum novercali nequitia stans cum Clericis in Regis opprobrium favebat Cum Monachis Rex et sancti Episcopi persistebant Sed Tyranni fulti Reginae favore et potentia super Monachos triumphabant The Monks on the contrary to secure their interest by like Bribes and means as is most probable though our Monkish Historians conceal it stirred up Ethelwin Duke of the East-English and Brithnorth Earl of Essex men of great dread and power to appear in their quarrel and resist the opposite party Qui in Synodo constituti who assembled together in a Synod or Council for that end protested That they would never indure the Monks should be cast out of the Realm who held up all Religion in the Kingdom After which they raised a mighty Army defending with great valour the Monasteries of the Eastern English keeping the Monks in possession of them This fire between the Monks and maried Priests thus blown from a spark to a flame was feared to mount higher if not timely quenched Wherefore by mediation of Wise men arms being laid aside the cause was referred to be heard and decided between them in a Great Council of the whole Kingdom For which end there was a famous Council summoned and held at Winchester which some Historians antedate in Edgars life others place in the Interregnum after his death but the series of Story and most judicious Antiquaries evince it to be after Edwards Coronation Anno 975. In this Great Council the King and Archbishop Dunstan sitting in their Thrones as chief Judges of the Controversie in the East-End of the Hall of the Refectory of Winchester Abby near the wall wherein there was a Crucifix immured just behind them Duces cum torius Regni Magnatibus the Dukes with all the Nobles of the Realm and the expulsed maried Clerks standing on the left side of the Refectory and pleading for themselves that they might be restored and Oswald Archbishop of York Athelwold Bishop of Winchester with the Monks standing all together on the right side of the Hall pleading for their continuance in their Churches as the Author of the old Manuscript Chronicle of Winchester Abby
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
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
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
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
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
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
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
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
destroying the Nobles and Wisemen of the Realm who disgusted his lascivious Courses and in favouring ignorant unjust vicious persons and following their most wicked Counsels 2. In banishing Abbot Dunstan and seising upon all his Goods only for Justice sake because he reprehended him for his exorbitant vicious Courses being then the chief swaying Grandee and head of the Monkish faction 3. In forcibly thrusting out by Armed Souldiers all the Regular Monks throughout England and casting them forth of the Monasteries there being then no Regular Monks in any Monaste but only in Glastonbury and Malmesbury as the Chronicles of Winchester and others record then seizing upon all their wealth and bestowing their Lands and Monasteries on secular and maried Priests and afflicting these Monks in sundry other kinds But Henry Arch-Deacon of Huntington an antient judicious impartial old Historian slourishing in the year 1148 mentions none of these particulars in his life but gives this honorable Testimony of his Government that it was both prosperous slourishing and laudable Rex Edwi non illaudabiliter Regni infulam tenuit Anno Regni sui Quiuto cum in principio Regnum ejus decentissmè sloreret prospera et laetabunda exordia mors immatur a perrupit And therefore Archbibishop Parker Bishop Godwin Speed and others conceive that the true cause why the Mercians and Northumbrians those only not the rest of his subjects and king om rejected him and set up his Brother Edgar whose lasciviousness was more excessive and vices more extorbitant in some degrees than Edwins which yet our former Monkish Historians blanch or excuse was the Malice of Dunstan and Odo the Pillars and Oracles of the Monkish Clergy who stirred up the Merciaus and seditious rebellious Northumbrians against him to set up Edgar in his stead who was totally devoted to them and Dunstan by whose Counâ—els he was afterwards wholy guided and built no less than 47 new Monasteries for the Monks besides all those he repaired incending to build three more had he lived to make them 50 compleat and likewise cast out the secular and maried Priests out of all Monasteries and Churches unless they would become Monks reâ—lenishing all Monasteries Churches with Monks alone They likewise inform us that the true causes of kings Edwins banishing Dunstan ejecting the Monks and seising their Lands and Treasures was That Dunstan had so bewitched Edmund Edward Athelstan and Aedred his Predecessors with the love of Monkery as that they not only took violently from maried Priests their livings to erect monasteries but also lavishly wasted much of their own Royal Treasures Lands and Revenues upon them which they should have rather employed in resisting the common Enemies of God and their Country the Danes whereupon Edwin perceiving that all the wealth of the Land was crept into Monasteries not only refrained to beslow more on them but recalled divers of those prodigal Gifts his Predecessors had granted them which the Monks refusing to render upon demand he seized upon them by armed Officers as having indeed cheated his Predecessors and defrauded the Kingdom of them They adde hereunto that King Edrid had committed all his chief Houshold-stuff Plate Records and the Treasures of all the Realm with all the Magazines he had gotten to Dâ—nstans custody and laid them up in the Monastery at Glastonbnry yea he committed his Kingdom body and Soul unto him So as all was wholly in Dunstans power who alone managed all the publick affairs of the Realm and exercised Regal Authority And when King Edred in his sicknesse demanded all his Housholdstuff Jewels Monies and Treasures from him Dunstan pretending to fetch them before he returned with them Dustan heard a voice as our Monkish Writers fable that Edred was dead in the Lord and thereupon detained them in his and his Monks custody being unwilling to part with them to young King Edwin his Successor whereupon he seised on them by force as of right belonging to him and expelled Dunstan with his Monks And so much the rather because Dunstan presumed most impudently and violently to rush into his Bed-chamber and pull him out sorcibly thence on the very day of his Coronation contrary to all Christian and Princely Modesty from the embraces of his beautifull and beloved Alfgina which some Monks and these Historians report to be his lawfull wife not his Concubine and not coment therewith he excited Odo Archbishop of Canterbury publickly to divorce her from him some say for consanguinity only and others for other Reasons Whereupon the king betaking himself to his Concubines Odo suspended him from the Church excommunicated all his Concubines caused one of them whom the king best affected to be violently fetched out of the Court with armed Men branded her in the forehead with an hot Iron and then banished her into Ireland After which she returning into England Odo apprehended her the second time and cut off her Sinews at the Hock-bone All which intollerable Affronts so incensed Edwin that he banished and spoyled Dunstan with his Monks as aforesaid and threatned Odo with severe punishments none others in the Realm but these daring then to oppose him hereupon they formerly and then bearing the greatest sway by way of revenge and to prevent Edwins further fury against them stirred up the Mercians and Northumbrians to reject him and that in a tumultuous manner by force of Arme in which Uproar Edgar gained possession of half his Kingdom Matthew Parker and Sir Henry Spelman out of him subjoyns that by these civil dissentions raised between King Edwin and his Brother Edgar they much weakned the forces of the Realm in many set Battels fought between them till at last Edgar getting the better Convocato ad Branfordiam Regni concilio Fratris Edwini acta et decreta rescendit Assemblong a Council at Brandford he repealed all the Acts and Decrees of his Brother King Edwin restored to the Churches and Monasteries the Treasures he had taken from them recalled Dunstan from his former banishment and made him first Bishop of Worcester then of London and last of all of Canterbury Henry de Knyghton a Canon of the Abbey of Leicester relates out of the History of Leicester Abbey That Edwin being expulsed and shamefully thrust out of his kingdom for his evil life and exorbitant actions done against the Church the Monarchy of England continued void above a year Whereupon many murders and wickednesses were committed and infinite mischiefs happened amonst the people for want of Government until holy men both of the Clergy and People deeply affected therewith humbled themselves and uncessantly repented of their sins and prayed day and night to God that he would hear them and mercifully relieve them in so great necessity giving them such a King who might govern the Realm of England in such sort as might redound to the honour of God and profit of the Realm That God beholding their prayers from on high in the
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
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
the name of the English Nation brought almost to the last period for we are overcome not by weapons and hostile warr but by Treason and domestick falshood our Navy betrayed into the Danes hands our battel weakned by the revolt of our Captains our designs betrayed to them by our own Counsellers and they also inforcing composition of dishonourable Peace I my self disesteemed and in scorn termed Ethelred the unready Your valour and loyalty betrayed by your own Leaders and all our poverty yearly augmented by the payment of their Danegelt which how to redress God only knoweth and we are to seek For if we pay money for peace and that confirmed by Oath these Enemies soon break it as a people that neither regard God nor man contrary to equity and the Laws of War and of Nations and so fâ—r off is all hope of better success as we have cause to fear the losse of our kingdom you the extinction of the English Nations revenue Therefore seeing our enemies are at hand and their hands at our throats let us by fore-sight and counsel save our own lives or else by courage sheath our swords in their bowels either of which I am willing to enter into to secure our Estate and Nation from an irrecoverable Ruine After which Speech he and his Army retreated and gave way to the prevailing Enemy Swain herepon setling all things according to his own will when as he knew that no man durst resist him commanded himself to be called King of England Dum non fuit alius qui pro sure regni decertare vel se regem confiteri ausus fuisset as Matt. Westminster and others write Such a strange fear and stupidity was then fallen upon Ethelred and the whole English Nation After this Ethelred privily departed from London to Hampton and from thence to the Isle of Weight as afore said where advising with the Abbots and Bishops there assembled in Council what course was best to steer he spake thus unto them the History whereof I shall fully relate in William of Malmesbury his words Ibi Abbates et Episcopos Qui nec in tali necessitate Dominum suum deserendum putarent in hanc convenit sententiam Viderent quam in angusto res essent suae et suorum se perfidia Ducum avito extorrem solâ—o et opis egentem alienae in cujus manu aliorum â—olebat salus pendere quondam Monarcham et Potentem modo miserum et exulem dolendum sibi hanc commutationem quia facilius toleres oâ—es non habuisse quam habitas amisisse Pudendam Anglis eo magis quod deserti Ducis exemplum processurum sit in orbem terrarum Iâ—os amore sui sine sumptibus voluntariam subeuntes sugam domos et facultates suas praedonibus exposuisse in arcto esse victum omnibus vestitum deesse pluribus probare se fidem illorum sed non reperire salutem adeo jam subjugata terra observari littora ut nusquam sine periculo sit exitus Quapropter considerent in medium quid censerent faciendum Si maneant plus a Civibus cavendum quam ab Hostibus forsitan enim crucibus suis novi domini gratiam mercarentur et cer◠è occidi ab hoste titulatur fortunae prodi a Cive addicetur Ignaviae Si ad exteras gentes fugiâ—ne gloriae fore dispendium si ad notas metuendum ne cum fortuna colerent animum Plaerosque enim probos et illustres viros hac occasione caesos experiendum tamen sortem et tentandum pectus Richardi Ducis Normannorum qui si Sororem et Nepotes non ingrato animo susceperit se quoque non aspernanter protecturum Vadabitur enim mihi meam salutem conjugi et liberis impensus favor Quod si ille adversum pedem contulerit non deerit mihi animus planè non deerit hic gloriosè occumbere quà m illic ignominiosè vivere Hereupon he sends Emma his Queen and her children in the moneth of August into Normandy accompanied with the Bishop of Durham and Abbot of Burgh where they are joyfully received by Duke Richard who invites Ethelred himself to honour his Court with his presence who thereupon in January following passeth over into Normandy and there solaceth his miseries with the curteous entertainment he there found King Swane in the mean time provokes invaded England with ruines and slaughters playes the absolute Tyrant commands Provisions to be abundantly provided for his Army and Navy et Tributum fere importabile solvi praecepit and likewise commanded an insupportable Tribute to be paid And the like in all things Earl Turkell the Dane commanded to be paid to his Navy lying at Greenwich hired by King Ethelred to defend the English from Foreiners yet both of them as often as they pleased preyed upon and pillaged the Country besides first polling the inhabitants of their goods and then banishing them Provincialium substantiae prius abreptae mox proscriptiones factae In this sad oppressed condition under their New Soveraign to whom they had submitted themselves both Nobles and people knew not what to doâ—… Haesitabatur totis urbibus quid fieret si pararetur rebellio assertorem non haberent si eligeretur subjectio placido rectore carerent Ita privatae et publicae opes ad naves cum obsidibus deportabantur Quo evidenter apparet Swanum naturalem et legitimum non esse Dominum sed atrocissimum Tyrannum as Malmesbury Matthew Westminster and others record But God who is propitious to people in their greatest extremities suffered not England to lye long fluctuating in so many calamities For this barbarous Tyrant Swâ—ne after innumerable evils and cruelties perpetrated in England and elsewhere added this to the heap of his further damnation that he Exacted a great Tribute out of the Town of St. Edmondsbury Anno 1014. which none ever before presumed to doe since it was given to the Church wherein the body of the precious Martyr St. Edmond lieth intombed all the lands thereof being exempted from Tributes Beginning to vex the possessions of the Church and threatning to burn the Town and destroy all the Monks unless they speedily paid him the Tribute he exacted and using reproachfull speeches against St. Edmond as having no holiness in him he was suddenly struck dead and ended his life on the Feast of the Purification of the blessed Virgin Anno 1014. Our Monkish Historians record That on the Evening of the day whereon he held a general Court at Geâ—gnosburgh â—eiterating his menaces against the Town and ready to put them in execution for not paying the Tribute demanded he saw St. Edmond comming alone armed against him whiles he was invironed in the midst of his Danish Troops whereupon he presently cried out with great affright and a lowd voice Help O fellow Souldiers help behold St. Edmond comes to slay me and whiles he was thus speaking being grievously wounded with a spear by the
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
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
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
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
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
services Fiscal tributes except these three Expedition Building of Castle and Bridge The next in time is the Grant of Lotharius King of Kent Anno 679. of certain Lands in the Isle of Thannet to the Monastery of Raculph free from all secular services except these three Expedition Building of Bridge and Castle To which I might annex these ensuing Grants and Charters which I shall only name The Grant of King Egfrid and his Queen Etheldrida of Hestodesham to Bishop Wilfrid Anno 674. The Charter and Grant of Ceadwalla a foresaid and Kendritha his wife of 4 plough-Lands to Archbishop Theodor and the Family of Christ-Church in Canterbury free from all secular services but those 3 forementioned An. 687. of Withrid King of Kent Anno. 694 of King Offa An. 774 of King Edmund An. 784. of King Kenewlfe An. 791 814 815 822. of King Wilof An. 829. of King Athulfus An. 832 833 834. of King Ethelstan An. 927 940. of King Edred An. 941 948 949. of King Egered An. 979 980. and of King Cnute An. Dom. 1016. To pretermit others of this kind All which Grants being for the most part only of their own private Lands gotten by Purchase or Conquest not of the Lands or Demesnes of their Crowns passed by their own Charters alone without any confirmation or assent of their Nobles in a Parliamentary Council not mentioned at all in them But no grants of any Lands Rents or Revenues of their Crowns to pious or other uses were then either valid in Law or obligatory to their successors without common consent and ratifications of their Nobles in Parliamentary Councils which for this reason is still mentioned in all their Charters and donations of such Lands and Rents to pious uses Neither could they exempt those Lands from any of these three forenamed publick charges for the common defence and benefit of their Realms by their own royal Charters alone unless ratified by the Nobles in their great Councils Whereupon in all these forecited Charters and other grants of Lands by particular persons ratified by these Kings they exempted them only from all secular services exceptis Expeditione Pontis Arcis constructione which they could not discharge them from but by special Grants in General Parliamentary Assemblies as subsequent Presidents will more fully demonstrate Theodor Archbishop of Canterbury Anno 685. held a Council at Twyford in the presence of Egfrid King or Northumberland who going in person to St. Cutbert when as he neither by Letters nor Messengers could be drawn out of his Iland Lindesfarne to the Synod brought him to it much against his will where by the command of all the Synod he was constrained to take upon him the Office of a Bishop Whereupon King Egfrid by the advice of Archbishop Theodor Bishop Trumwin totius Concilii and of the whole Council for the salvation of his and his successors souls by his Charter gave to St. Cutbert and all his successors the Village called Creic and 3 mile in circuit round about it together with the City called Lugabadia and 15 miles circuit round about it to have to him and his successors for the service of God for ever as freely and quietly as he himself enjoyed them and to dispose thereof at his pleasure which Charter the Arch-Bishop and Bishops present in the Conncil confirmed with their Subscriptions What other Councils and Synods were held under this Arch-Bishop Theodor at Hartford Clovesho Heathfield or Hatfeild and what Canons were made in them for the confirmation of the Christian faith the 5 first General Councils c. you may read at leisure in Gervasius Doroberniensis Matthew Parker and Godwin in his life where they are recorded and in Matthew Westminster An. 880. Chronicon Johannis Bromton Col. 741 756 799 780. Radul de Diceto Abbreviationes Chronic. Col. 441. Chronica Wil. Thorne col 1770 Henry Huntindon Historiarum lib. 3. p. 335 Spelmanni Concilia p. 152. Beda Ecclesiastieae Historiae l. 4. c. 5 17 18. Mr. Fox Acts and Monuments vol. 1. p. 160 161. To which I shall refer you About the year of Christ 692. Ina King of the West-Saxons who succeeded Ceadwalla by the exhortation and advice of Cenred his Father Hedda and Erkenwald his Bishops and of all his Aldermen or Senators and of all the Elders and Wisemen of his Realm in a great Assembly of the Servants of God for the salvation of his peoples souls and the common conservation of his Realm Enacted sundry Ecclesiastical and civil wholsom Laws that by them just judgements might be founded and established throughout his Dominions and that from thenceforth it might be lawfull for no Alderman Senator or other person living within his Realm to abolish these his Laws tending all to advance Piety Justice Peace and preserve his people from violence rapine oppression and all Punishments Taxes Fines but such only as were imposed ascertained by his Laws and Parliamentary Councils as you may read at large in the Laws themselves especially Lex 2 3 4 6 9 10 11 16 17 51 73 74. In the year 694 Withred King of Kent summoned Brithwald Archbishop of Canterbury Toby Bishop of Rochester with the other Abbots Abbesses Priests Deacons Dukes and Earls to a great Council at Beccanceld or Baccanceld as others write it where consulting all together concerning the State of the Churches of God within that Realm how they might establish and perpetuate to them to the end of the World those Lands and Revenues which their plous Kings and Ancestors had granted and appropriated to God and his Church as their perpetual inheritance without substraction or diminution They thereupon enacted decreed and in the name of God Almighty commanded that all their successours both Kings and Princes with allother Laymen whatsoever should not invade the Rights Lands or Dominions of the Churches which they then confirmed nor presume to violate the Privileges granted to them and specially by king Withreds Charter which they ratified in this Council with all their subscriptions wherein he and they exempted Churches from all secular services and Tributes but such as they should voluntarily and freely render without compulsion which should not be drawn into custom to their prejudice witnesâ—e this Clause of the Charter and exemption then confirmed ab omni debito vel pulsatione Regalium Tributorum nisi suâ spontanea voluntate ex largitate beneficiorum quid facere velint tamen hoc imposterum non servetur nec habeatur in malam consuetudinem The same King Withred in the Parliamentary Council of Berghamsteed Anno 697. by the advice and common consent of his Bishops and other Ecclesiastical Orders cum viris quibusdam militaribus enacted sundry Ecclesiastical and civil Laws to be added to the former Laws and customs of Kent the first whereof is this That the Church shall be free and enjoy her Judgements Rents and Pensions And
Where upon being a Noble and very potent man of great Parentage he called all his kinsmen and the chief Nobles of his Familie to him with all speed and acquainted them with this dishonour done to him by the king saying he would by all means be avenged thereof and by their Counsel and Consent they went all together to York to the king who when he saw Bruern called him courteously to him But he guarded with his kinred and friends presently defying the King resigned up to him his Homage Fealty Lands and what ever he held of him saying that he would never hold any thing of him hereafter as of his Lord And so without more words or greater stay instantly departed and taking leave of his friends went speedily into Denmark and complained to Codrinus king thereof of the Indignity done by King Osbrith to him and his Lady imploring his aid and assistance speedily to revenge it he being extracted out of his Royal blood The king and Danes hereupon being exceeding glad that they had this inducing cause to invade England presently gathered together a great Atmy to revenge this Injury done to Bruern being of his Blood appointing his two Brothers Inguar and Hubba most valiant Souldiers to be their Generals who providing Ships and other Necessaries transported an innumerable Army into England and landed them in the Nothern parts This being the true Cause why the Danes at this time invaded England in this manner In the mean time the Parents Kindred and Friends of Bruern expelled and rejected King Osbrith for this Injury done to him and his Lady refusing to hold their Lands of or to obey him any longer as their Soveraign and advanced one Ella to be King though none of the Royal bloud Our other Historians who mention not this fact of Osbrith and occasion of these Danes arival to revenge it write that the Danes upon their Landing marched to the City of York wasting all the Country before them with fire and Sword unto Tinmouth At that time they write by the Devilsinstinct there was a very great discord raised between the Northumberlanders Sicut semper populo qui odium incurrerit evenire solet For the Northumberlanders at that time had expelled their lawfull King Osbrith out of the Realm and advanced one Ella a Tyrant not of the Royal bloud to the Regal Soveraignty of the Kingdom By reason of which division the Danes taking York ran up and down the Country filling all places with bloud and Grief wasting and burning all the Churches and Monasteries far and near leaving nothing standing but the Walls and ruines of them pillaging depopulating and laying waste the whole Country In which great necessity and distress the Northumberlanders reconciling their two Kings Osbrith and Ella one to another gathered a great Army together against the Danes which their two Kings and eight Earls marched with to York where after a long fight with various success both the said Kings with most of the Northumberlanders were all stain April 11. Anno 867. The City of York consumea with fire and the whole Kingdom made tributarie to the Danes Simeon Dunelmensis relates that both these kings had violently sacrilegiously taken away certain Lands from S. Cuthberts Church in Durham for Osbrit had by a sacrilegious attempt taken away Wircewood and Tillemouth and Ella Billingham Heclif and Wigeclif Creca from S. Cuthbert tandem cum maximâ parte suorum ambo praefati Reges occubuerunt Injurias quas Ecclesiae sancti Cuthberti aliquando irrogaverant vitâ privati regno persolverunt Which the Author of the History of St. Cuthbert observes and records more largely as a punishment of their sacrilegious Rapine The Danes hereupon made Egbert king of Northumberland as a Tributary and Viceroy under them Sic Northumbria bellieo jure obtenta barbaro rum dominium multo post tempore pro conscientiâ libertatis Ingemuit writes Malmesbury de Gestis Regum Angliae l. 2. c. 3. p. 42. These rebellious Northumberlanders about 7 years after uno conspirantes consilio expelled Egbert the Realm by unanimous consent together with Archbishop Wilfer making one Richius King in his Place the Danes both then and long after possessing and wasting their Country and slaughtering them with fire and sword as the Marginal Historians record more than any other parts of the Iland by a just divine punishment for their manifold Treasons Seditions Factions Rebellions against and Murders of their Soveraigns In the year 868. a great Army of these victorious plundering Danes marched out of the Kingdome of Northumberland to Nottingham which they took and there wintered Whereupon Beorred or Brithred King of Mercians omnesque esusdem gentis Optimates and all the Nobles of that Nation assembled together Where the King Consilium habuit cum suis Comitibus comilitonibus omni populo nbi subjecto Qualitèr inimicos bellicâ virtute exuperaret sive de Regno expelleret held a Council with his Earls and fellow Souldiers and all the people subject to him how he might vanquish these Enemies with military power or drive them out of the Realm By whose advice he sent Messengers to Ethelred King of the West-Saxons and to his Brother Elfrid humbly requesting them that they would assist and joyn with him against the Danish Army which they easily condescening to gathered a very great Army together out of all parts and joyning all together with Beorred and his forces marched to Nottingham unanimously with a a resolution to give the Danes battel who sheltering themselves under the works of the Castle and Town refused to fight with them whereupon they besieged them in the Town but being unable to break the Walls they concluded a Peace at last with the Danes upon condition that they should relinquish the Town and march back again into Northumberland which they did where their Army continued the whole year following in about York debacchans insaniens occidens perdens perplurimos viros mulieres Abbot Ingulphus records that during the siege of Nottingham King Beorred as he stiles him at the request of Earl Algar the younger who was very gracious with him and the other Kings causâ suae nobilis militiae granted a Charter of Confirmation not only of all the Lands Advowsons Possessions which this Earl with other particular persons and Kings had given to the Abby of Croyland but likewise of all their former Privileges confirming all their Ilands Marishes Churohes Chapels Mannors Mansions Cottages Woods Lands Meadows therein specified to God and Saint Guthla◠for ever Libera Soluta emancipata ab omni onere terreno servitio seculari in Eleemofynam aeternam perpetuo possidendam Which Charter hath this memorable exordium expressing the motives inducing this King to grant it Beorredus largiente Dei gratiâ Rex Merciorum omnibus provinciis populis earum universam Merciam inhabitantibus fidem Catholicam
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
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
relates though he misdates the time of this Council as held Anno 968. After much debate the Nobles of the Realm fearing they should be overcome by dispute â—ay the Monks promising reformation of life on the Clergies behalf most humbly intreated the King and Arch-bishop That they might be readmitted into Monasteries out of which they had been ejected With whose prayers tears sighs the most merciful King being much moved was in a great streight ruminating in his minâ— what he should doe in this business At last purposing and being about to grant pardon to the Clerks upon hope of their amendment and to give them leave to return to the Monasteries and Churches whence they had been expelled When he was ready to pronounce this his definitive Sentence there was thiâ— divine Voice uttered by the Crucifix in the Wall Cum plurium jam Suffragiis de Presbyteris restituendis decernehatur as Mathew Parker relates it Aâ—… ut â—oâ— fiâ—â— c. God forbid that this should be done God forbid it should be done You have judged well once you would change again not well Which articulate voice only the King and Archbishop who were the Judges of the cause heard if the Chronicle of Winchester may be credited when as another Monk relates it was heard by all present At which voice they being both astonied fell to the ground on their faces but all the rest hearing only the sound of the Voice as of a great Thunder fell down flat to the Earth very much affrighted Some write that both sides by Dunstans policy appealed to the resolution of the Crucifix in this case in which Dunstan had placed a man with a Trunk in the wall behind the Image who uttered this voice in and by the mouth of the Rood which is most probable Soon after â—he King and Dunstan heard this second voice from the Crucifix Arise be not afraid because this day Righteousnesse and Peace have kissed each other in the Monks In memory of this cheating Oracle and Monkish fable of which Huntindon Hoveden Wigorniensis Ranulâ—us Cistrensis Fabian and other old Monastical Historians make no mention and Malmsbury slightly relates it as An hear-say the Monks of Winchester ingraved these Verses over the head of this Crucifix in their Refectory Humano more Crux praesens edidit ore Coelâ—tus effata quae prospicis hic subaratâ—â— writing the words forâ—ited under this Distick as then uttered by the Crucifix which asserted before all That Dunstans way was true Wherewith the Clerks and their Abettors were quite confounded and put to silence Sed adhuc non sedatis animis c. But the Nobles and Clerks minds being not as yet quieted by this Oracle a clear evidence they suspected it as counterfeit our Historians inform us there were three more great Councils soon after held to settle this Controversie between the married Priests and Monks The first at Kerling Kerding or Cerding or Kirking as it is variously stiled Anno 977. which Wigorn. and Hoveden stile Magna Synodus without recording what was done therein Sir Henry Spelman out of an old Saxon Note calls it A great Council affirmes it was held after Easter and that Sideman Bishop of Devonshire died in it That King Edward and the Archbishop therein ordained That every man should goe in pilgrimage to the Church of St. Mary at Abendune out of Devotion And Matthew Parker Archbishop of Canterbury in the life of Dunstan superaddes Dunstanus ibi cum Monachorum labenti conditioni succurrere voluit nihil profecit Itaque hoc dissoluto Concilio aliud in Regia Villa Wilteria quae Calne vulgo appellatur coegit This Great Council held at Calne some stile it Cleve was purposely called the same year 977. to end the long continued Controversie between the Monks and married Priests which the seigned Oracle of the Crucifix at Winchester and the Council of Kerding could not determine All the Senators and Nobles of England sitting together at this Council in an Upper room the King being absent by reason of his tender age or sickness the business being debated with great conflict and controversie and the strongest wall of the Monkish Church Archbishop Dunstan being assaulted with the Darts of many revilings remained unshaken The Disputants of both parties and orders defending their sides with greatest industry in the midst of the dispute the whole Floor with the Rafters and Beams of the Room wherein they disputed suddenly brake in peeces and fell to the ground with all the people in it except Dunstan who escaped without any harm standing firm on a beam that remained of which he took hold-fast the rest being either slain outright or very much hurt and bruised with the fall so as they languished ever after hardly escaping present death This miracle as our Monkish Authors stile it gave peace to Archbishop Dunstan from the assaults of the English Clerks and others who thereupon from thenceforth submitted to his sentence and judgement if William of Malmesbury and Mat. Westminster may be credited Whereas Florentius Wigorniensis John Bromton and others out of them assure us that there was not long after another Parliamentary Synod or Assembly held at Ambresbery upon the same occasion without recording the Proceedings or Event thereof Some conjecture that this fall was only a fiction of the Monkish VVriters to adde reputation to their languishing cause as well as that of the Crucifix Speech forecited Others conceive it was wrought by Duustans sorcery or Policy Others that it was casual by reason of the weight of the People But Henry Huntindon Hist l. 2. p. 357. Bromton col 876. and Sir Henry Spelman out of them p. 496. record That this fall of the Nobles at Calne was not a Divine Judgement on them for their Opposition against and injury to the Monks as some interpreted it but signum videlicet Dei excelâ—i fuit quod Proditione et Interfectione Regis sui ab amore Dei Casuri essent et diversis gentibus digna contritione conterendi as they were soon after broke in pieces by the invading conquering Danes and Normans And whether the late violent falls and ruptures of our Parliaments and Nobles portend not the like fate to England by some other forein Invasions for the like Treachery Apostacy Regicide or far worse let those who are guiltiest of it and others determine at their leisures King Edward imitating the footsteps of his Fathers Religion and Piety was so circumvented by the flattering speeches of his Mother-in-law Queen Elfrida that although she opposed his Title Election Coronation all she could to advance her own Son to the Crown yet retaining only the name of a king to himself he soon after permitted her and his Brother Ethelred his Competitor to order all affairs of the Realm as they pleased VVhereupon as the Chronicle of Bromton relates she began to plot how to dethrone this Man of God King Edward and advance her own
less than 900 Religious persons and above 8000 others in this manner as some of our Historians relate Mr. Lambard in his Perambulation of Kent computeth that ther were massacred 43 thousand and two hundred persons in this Decimation there being only 4 Monks and 4800 Lay-people saved alive The Archbishop Alfege they took prisoner bound in chains buffeted grievously wounded and then carried to their Fleet where they kept him prisoner 7 Moneths At last they propounded to him that if he would enjoy his life and liberty he should pay them 3000 pounds for his ransom which he refusing to do Week after Week prohibiting any others to give them any thing for his ransom they were so inraged with him that bringing him forth publikely to their Council at Greenwich they struck him down to the ground with their battel Axes Stones and the Bones and Heads of Oxen and at last one Thrum whom he had confitmed but the day before moved with an impious piety cleft his head with an Axe and so martyred him The Londoners hearing of it purchased his dead corps with a great sum of money and honourably interred it But above 2000 of these bloody Villains were in short time after destroyed with grievous diseases VVhiles these things were acted by the Danes in Kent Anno 1012. perfidious Duke Edric et omnes cujuscunque Ordinis et Dignitatis Primates Congregati and all the Nobles of every Order and Dignity assembled together at the City of London continuing there til they had levied and paid to the Danes a Tibute of forty as some or forty eight thousand pounds as others write upon this condition That all the Danes within the Realm should have every where a peaceable habitation with the English and that there should be as it were one Heart and one Soul of both people as Matthew Westminster Daniel and some others record the Agreement Which Accord being ratified on both sides with Pledges and Oaths as Matthew Westminster and others relate King Swain as some Historians write though others mention not his being here in person but only by his Commanders returned into his own Land and so the rage of the Danish persecution ceased for a short space Upon this agreement 45 of the Danish ships under the command of Turkill the Danish General submitted themselves to King Ethelred promising That they would defend England against strangers and forein invasions upon this condition that the English should find them victuals and cloaths Henry Huntindon censures this accord with the Danes as made overlate Tunc vero Rex nimis serò pacem fecit cum Dacorum exercitu dans eis 8000 misprinted for 48000 librarum nunquam enim tempore oportuno pax fiâ—bat donec nimia contritione terra langueret To what extremities King Ethelred was put to raise this and the other forementioned Tributes to the Dâ—â—nes and to pay his own Captains besides and how much the Monasteries were taxed oppressed exhausted of all their moneys plate wealth by the King his Officers and the Danes during these wars by force and menaces this memorable passage of Abbot Ingulphus will best inform us not mentioned by any other Historians which I purposely reserved as properest for this place In tempore itaque Domini Osketuli Abbatis Croylandiae cum sic Dani totam terram inquietarent indigenae â—e Villis Vicis ad Civitates Castella plurimi ad paludes et lacum loca invia refugientes Danorum transitum et discursum pro anima praecavebant Coeperunt tunc omnia terrae Monasteria a Rege Ethelredo et Ducibus ejus ac Ministris Gravissimis exactionibus subjici et ad satisfaciendum Danicis Tributis pro immensis pecuniarum summis sibi impositis supra modum affligi Et direptis thesauris ac monasteriorum tam sacris calicibus quam alâ—â—s jocalibus etiam sanctorum Scrinia jubent ab exactoribus spoliari Venerabilis ergo pater dominus Osketulus Abbas Croilandiae 400. marcas pro talibus Tributis variis vicibus exolverat et tandem 12. annis in officio pastorali sanctè ac strenuè consummatis mortis sacrae compendio Regias exactiones universosque seculi timores cum carnis depositione finalitèr exuebat 12. Cal. Novemb. Anno scil Domini 1005. Cui successit ad Abbatis officium Venerabilis Pater Abbas Godricus electus et effectus Abbas in diebus angustiae tribulationis et miseriae laboriosissimeque rexit Monasterium 14. annis sub praedicto rege Ethelredo Hujus Abbatis tempore cum Dani totius terrae ferè obtinerent dominium et tà m per Ethelredum regem et ejus Duces Edricum Alf â—cum Godwinum et alios 〈◊〉 importabiles Impositiones pro Danorum tributis persolvendis ac aliae Exactiones gravissimae ad eorundem Ducum expensas plurimas restaurandas quam per Analafum et Swanum ac eorum exerciâ—us depraedationes despoliationes et destructiones assidue fierent saepe multa Monasteria de omni Denario emuncta sunt Non tamen exacâ—…râ—…s ultimum quadrantem se extorsisse credere voluerunt Ita hinc religiosi quo magis premebantur magis putabantur habentes magis putabantur abundantes Hinc venerabilis Pater Abbas Godricus solvit primo Anno Regi Ethelredo 200 marcas Ducesque sui pro suis expensis similiter ducentas marcas extorquebant praeter minores sumptus qui quotidie Regis ministris irruentibus continue fiebant Secundo tertio ac quarto anno similiter actum est Tertio enim anno pro Triremibus per omnes portus Fabricandis et Navali Militia cum victualibus et aliis necessariis exhibenda Ducentae Librae exactae sunt Quarto etiam anno cum Turketulus Danicus Comes cum fortissima classe appllcâ—isset Procentum Libris missuâ— et ad solutionem per exactores crudelissimos commissum est Di currentesque Dani tunc per provincias omnia mobilia diripientes immobilia cremantes Draiton Kotenham et Hoketon maneria Croylandiae cum toto Comitatu Cantabrigiae direpta ignibus tradiderunt Sed haec nuntia sunt malorum Quippe cum quolibet anno sequente quater centum Marcae Regiis exactionibus et Ducum suornm sumptibus communiter solverent rex Swanus veniens cum classe recenti exercitu ferocissimo tunc omnia depopulatur Irruens enim de Lindesia vicos cremat rusticos eviscerat religiosos omnes variis torment is necat tunc Baston et Langtoft flammis donat Is erat annus Domini 1008. Tunc monasterium Sanctae Pegae omniaque sua contigua maneria scilicet Slinton Northumburtham Makesey Etton Badington Bernake omnia una vice combusta tota familia caesa vel in captivitatem ducta Abbas cum toto comitatu nocte fugiens et navigio in Croylandiam veniens salvatus est Similiter Monasterium Burgi villaeque vicinae ac maneria sua Ege Thorp Walton Witherington Paston Dodifthorp et Castre prius omnia direpta
postea slammis tradita sunt Abbas cum majore parte conventus sui assumptis secum sacris reliquiis sanctarum Virginum Kineburgae Kineswithae ac Tibbae Thorniam adiit Prior autem cum nonnullis fratribus assumpto secum brachio sancti Oswaldi regis ad insulam de Hely aufugit Subprior vero cum 10. fratribus ad Croylandiam venit faelicitèr Illo anno ex frequentibus fluviis inundationes excreverunt et vicinas paludes circumque jacentes mariscos immeabiles reddebant Ideo totus mundus advenit populus infinitus affluxit Chorus et claustrum replebantur Monachis caetera Ecclesia sacerdotibus et clericis Abbatia tota laicis caemeteriumque nocte ac die sub tentoriis mulieribus et pueris fortiores quicunque inter eos ac juvenes in ulnis et alnetis ora fluminum observabant erantque tunc quotidie ut caetera onera taceantur 100 Monachi in mensa Super haec omnia per nuncium Rex Swanus Monasterio Croylandiae mille Marcas imposuit et â—ub poena combustionis totius Monasterii solutionem dictae pecuniae certo die apud Lincoln assignavit infraque tertium mensem post solutionem hujus pecuniae iterum pro victualibus suo exercitui providendis exactores nequissimi mille Marcas minis maximis extorquebant Ventilatum est tunc et ubique vulgatum crudele martyrium S. Elphegi Archiepiscopi Doroberniae qui quia summam pecuniâ— excessivam sibi impositam pro sua redemptione solvere detrectavit belluina Dacorum ferocitas eum acerbissimo tormento crudeliter interemit Omnes fera tempora flebant foelices qui quocunque modo in fata processerant Abbas Godricus maximè cui cura tanti populi incumbebat et quem Rex Ethelredus cumulos argenti habere existimabat Daniens vero Swanus sunsque totus exercitus ei tanquam Domino de manibus eorum refugientium juges insidias et minas semper maximas ingerebat Demum expensis internis et exactionibus externis totus thesaurus Domini Turketuli Abbatis distractus est horrea â—mborum Egelrâ—corum â—â—m lita sunt cum adhuc Regii exactores pro pecuniis quotidie irruerent Et eum tanquam patriae proditorem et Danorum provisorem regi in proximo cum dignis compedibus deducendum et suppliciis tradendum pro suis demeritis affirmarent Perculsus ergo venerabilis Pater Abbas Godricus dolore cordis intrinsecus pro tot minis terribilibus convocat totum suum conventum et nuncians nummos Monasterio deficere orat et exorat quatenus doceant et decernant in medio quid contra nequam seculum magis expediat faciendum Tandem longo tractatu placet haec sententia cunctis aliquem Ministrorum seu satellitum Edrici Ducis Merciorum conducere et cum pecuniae deficerenâ— terris et tenementis ad terminum vitae concedendis in suum defensorem contra imminentia pericula obligare Erat enim ille Edricus potentissimus post regem in terra et cum rege Ethelredo et cum Swano rege Danorum familiarissimus et postea cum Cnuto filio suo Conductus est ergo quidam maximus satellitum dicti Ducis Edrici nomine Normannus sanguine summe clarus filius videlicet Comitis Lefwini et Frater Leofrici nobilis Comitis Leicestriae dato sibi prout postulabat manerio de Badby ad terminum 100. annorum Ille dictum manerium acceptans tenere de Sancto Guthlaco per firmam in grano piperis per annum in festo S. Bartholomaei singulis annis persolvendo fideliter promittebat et se futurum procuratorem ac protectorem Monasterii contra omnes adversarios confecto inde chirographo obligabat Valuit illud Monasterio aliquanto tempore scilicet omnibus diebus vitae suae By which passages it is apparent what Taxes exactions predures the Monasteries and others suffered both from King Ethelred his Captains and Officers on the one side and from the Danes on the other side and how they were enforced to hire and bribe great Souldiers and Courtiers by leases and monies to protect them from utter ruine John Speed affirms That the Clergy as backward as any denied to King Ethelred their assistance pleading their exemptions from warr and privileges of the Church when the land lay bleeding and deploring for help and scandalized all his other proceedings for demanding their aydes But this passage of Abbot Ingulphus so near that age out of the Register Books of Croyland whereof he was Abbot not long after proves they paid great annual contributions to the King and his Officers which consumed all their money plate Jewels Chalices and the very shrines of their Saints notwithstanding all Charters and exemptions And as for the Laity William of Malmsbury Radulphus Cistrensis Mr. Fox and others write That King Ethelred had such a condition that he would lightly dis-inherit Englishmen of their lands and possessions and caused them to redeem the same with great sums of money and that he gave himself to polling of his Subjects and framed Trespasses for to gain their money and goods for that he paid great Tribute to the Danes yearly Whereby he lost the affections of the people who at last deserted him and submitted themselves to the Danish Invaders who usurped the Soveraign power and forced him out of England with his Queen and Children These Unrighteous Oppressions Dis-inherisons and Exactions of his were specially provided against by his Nobles Prelates and VVisemen in the Councils of Aenham and Habam forecited by special Laws and special excellent Prayers and Humiliations prescribed to be made to God to protect them from his judgements and the invading oppressing bloody Danes worthy perusal yet pretended necessities and VVar laid all those Laws asleep In the year of Christ 1013. the very next after the Englishmens dearest purchased Peace which the perfidious gold-thirsty Danes never really intended to observe King Swain by the secret instigation of Turkel the Dane whom King Ethelred unadvisedly hired to guard him with his Danish shiâ—s from forein Invasions who sent him this Message Angliam praeclaram esse patriam opimam sed Regem stertere illum Venere Vino que studentem nihil minus quà m bellum cogitare Quapropter odiosum suis ridiculum alienis Duces invidos Provinciales infirmos primo stridore Lituorum proelio cessuros arrived at Sandwich with a great Fleet and Army of Danes in the Moneth of July where resting themselves a few days he failed round the East part of England to the mouth of Humber and from thence into the River of Trent to Gainsborough where he quitted his ships intending to wasâ—e the Country Hereupon first of all Earl Uhtred the Northumbriaâ—s with those of Lindesey presently without delay and after them the Freelingers with all the people in the Northern parts of Watling street having no man to defend them yeelded themselves up to Swain without striking one stroke
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
defended in his absence till his returne from Rome Upon which the Nobles after serious consultation considering the great inconveniences and perils that might befall the kingdome by his absence being but newly setled and the manifold dangers that might happen to him in so long a journey and what new troubles and mishaps might befall the Realm if he should miscarry in the way having no issue would by no meanes permit him to undertake this pilgrimage but disswaded him from it and by common consent at last agreed to send solemn Ambassadours from the King and them to the Pope to represent the incenveniences and perils that might befall the Realm by his absence from it and thereupon to procure a dispensation from this his vow and pilgrimage Which the Ambassadours accordingly representing the Pope thereupon dispensed with the Kings vow upon this condition and firme injunction that the King should distribute to the poore all the expences he had provided for his journey and should either build a new or repaire an old Monastery in honour of S. Peter the Prince of the Apostles and endow it with sufficient revenues to maintain the Monks confirming by his Apostolicall Authority all the lands or revenues which the King or any other should conferre upon that Monastery and whatever priviledges he would think fit to grant thereunto pertaining to the honour of God and denouncing an eternall malediction against the infringers of them The Ambassadours returning with this dispensation St. Peter revealed to one Vlsin a Monk and Anchorite that his will was that the place called Westminster then lying ruinous should be restored which vision when he had related to the King and his Council REX TOTIUS REGNI CONSILIO The King by the advice of the whole Realme assembled in a parliamentary council rebuilt the foresaid place and endowed and enlarged it with very ample possessions rents and liberties The passages of this story being very memorable and pertinent to my discourse I shall present you with them at large in the words of Abbot Ailred who thus records them Succedentibus prosperis Rex beatus nequaquam sui sponsionis est oblitus nec in die bonorum immemor fuit malorum Sed cogitans recogitans quanta sibi fecerit Dominus qui ditavit egenum sublimavit humilem inglorium coronavit parat reddere vota quae distrinxerunt labia ejus Parat sumptus separat donaria VOCATISQUE TOTIUS REGNI PRIMATIBUS habuit cum eis hujusmodi vel DE STATU REGNI vel DE SUA PEREGRINATIONE SERMONEM Benedictus Deus qui magnificavit misericerdiam suam facere nobiscum qui visitavit in virga iniquitates nostras in verberibus peccata nostra pietatem suam non amovit à nobis Ecce quomodo deposuit potentes exaltavit humiles quomodo esurienâ—es implevit bonis divites dimisit inanes Per mâ— Reges regnant ait ipse principes justa discernunt Non excidit â nobis quomodo intrantibus in haereditatem nostram barbaris facti sumus opprobrium vicinis nostris subsannatio illusio hiis qui in circuitu nostro sunt Aliis nam que interfectis aliis fugatis aliis jugo ignominiosae servitutis oppressis ferè nihil honoris nihil gloriae generl nostro reliquerunt Tandem defuncto Patre meo patribus peremptis actis in exilium Nâ—potibus cum hostibus nostris in omnibus fortuna faveret mihi profectò nihil spei superesse videbatur Ego verò contra spem in spem credens Domini misericordiae me totum dedens peregrinationem meam ad sanctorum Apostolorum limina vovi deinceps divinae me protectioni dispositionique commisi Ille autem respexit in orationem meaÌ„ non sprevit precem meam abstulit obprobrium meum restituit me in regnuÌ„ Patris mei insuper cumulavit divitiis auxiâ— gloriâ donis coelestibus illustravit SINE SANGUINE REâ—ELLES SUBâ—GIT hostes subvertit omnia nostra amabili quadam composuit pace Absit absit ut tot â—antis ejus beneficiis inveniamur ingrati quin potius de manu inimicorum nostrorum liberati serviamus illi in justitia veritate Faci amusque quod ait Propheta Vovete reddite Domino Deo vestro DECERNITE ER GO ME CUM QUO MODO ME PEREGRINANTE REGNUM SUBSISTAT ANGLORUM QUA LEGE QUA PACE QUO JUDICE OMNIA DISPONANTUR QUIS CUI PRAEFERATUR REGIONI QUIS CASTRA QUIS URBES QUIS PRIVATA QUIS PUBLICA NEGOTIA PROCURET Erit enim unus omnibus Custos PROTECTOR DEUS pacem quam dedit ipse servabit nobiscum proficiscens vobiscum remanens qui vos custodiat me reduca Ad hanc vocem tota illa multitudo contremuit interiorem produnt lachrymis suspiriisque dolorem Jam jamque manus Danica timebatur quam ejus meritis evaserant jamjamque deletum iri totam patriam formidabant Erupit sermo in populum ecce clamor ecce tumultus quasi jam saevirent incendia plena lacrimis insula videbatur Videres pauperes nunc manus extendere ad coeâ—um nunc rursus in terram ruere quasi morituros fame si Rex discederet de sepuâ—tura tantum tumulo cogitare Tunc OMNES IN COMMUNE VOCIFERANTES IN REGEM se non deserendos se non exponendos gladiis patriam hostibus non prodendam nec demittenduÌ„ paces obsiaeÌ„ quem Deo dante receperant nec pro uno ut putabatur bono tot ADMITTENDA PERICULA ALLEGABANT IMPERANT PONTIFICES ROGANT PROCERES PLEBS EXTOR QUET ut si non omittenduÌ„ iter istud censuerit CENSEAT VEL DIEFERENDUM Tunc ille tot lacrimis tot vocibus tot precibus se urgeri sentiens diu inter pietatem desiderium fluctuabat quia voto supersedere periculosum tantorum precibus fletibusque non cedere inhumanum arbitrabatur Tandem quod aptius esset Deo scire desiderans peregrinationem non quidem dimittendam sed differendam interim consultius aestimabat donec Apostolicae auctoritatis consilio voluntate consulta ex ejus sententia aut votum redimeret aut impleret His auditis tanta fuit omnibus divitibus pauperibusque laetitia ut Edwardum suum rursus sibi redditum rursus revocatum exilio aestimarent Agit unusquisque pro gradu suo pro officio suo pro facultate sua ut regem dilationis non toedeat aliis orationes elemosinas aliis suam etiam pro eo peregrinationem nonnullis promittentibus Dirigendi mox ad sedem apostolicam ELIGUNTUR LEGATI Archiepiscopus Eâ—oracensis Aelredus Episcopus Wintoniensis Hermannus Abbates praeterea duo spectatae religionis cum pluribus aliis tam clericis quam laicis Parantur interim necessaria sucseptoque à rege mandato ad urbeÌ„ proficiscuntur Credendum Dei actum providentiâ ut regii responsales congregatam ibi SYNODUM MAXIMAM reperirent in qua praesidente beatae
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
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
others observe In this Battel Duke William had three Horses slain under him and often acknowledged that Gods divine hand did more protect him than mans seeing his Enemy amidst so many showers of darts and arrows which they shot against him could not draw so much as one drop of his bloud though they frequently hit him with them Morcar and Edwin Earls of Yorkeshire and Cheshire Harolds Brother-in-laws withdrawing themselves and their forces from their battel either for want of room to fight as was pretended or rather for former discontents retreated to London where consulting with Alfred Archbishop of York and other Peers and with the Citizens and Mariners of London they all resolved to crown and â—et up Edgar Atheling the true heir for their King promising to march under him with all their forces against Duke William and to try another field for which end they posted abroad Messengers to levy new forces and raise up the hearts of the dejected English from a despairing fear But before Edgars Coronation whiles many were preparing themselves for a new battel Morcar and Edwyn whom this fearful estate of their native Conntry would not disswade or restrain from disloyalty and ambition to gain the Crown to themselves as some record secretly hindered that noble and prudent design by withdrawing themselves from Edgar and marched home with all their forces and their Sister Algitha or Agatha Harolds wife into Northumberland conjecturing out of their simplicity that Duke William would never come so farr Upon their departure though the rest of the Nobles would still have elected and crowned Edgar King if the Bishops would have assented thereunto yet the Prelates struck with the fear of the Popes thunderbolt from abroad and with the consideration of the divisions distractions of the Nobility and people and the imminent danger at home would no wayes concurr with the Nobles Londoners Sea-Captains and others to crown Edgar but resolved to go forth and submit themselves to the victorious Duke and elect and crown him for their Soveraign The Nobility discerning this wavering inconstancy of the Bishops and considering that they were nobly born and must have a King that not to take him who was of power to make himself King would shew more of passion than discretion distrusting each others faith began to strive and runn headlong who should be the first to preoccupate the Grace of Servitude and intrâ—de them into forein subjection The Commons like a strong Vessel that might have been for good use were hereby left without a stern and could not move irregularly without apparent shipwrack So that all estates in generall either transported with sordid fear or corrupted with new hopes forsook Edgar themselves and their distressed Country resolving all to become Williams sworn Vassals without any further contest Ita Angli qui in unam coeuntes sententiam potuissent Patriae reformare ruinam dum nullum ex suis volebant induxerunt alienum During this their Consultation at London Duke William after his victory marched with his army through Oxfordshire Buckinghamshire and Hartfordshire towards London so farr as Berkhamsted without the least opposition wasting the Country burning the Villages and slaying the people as Hoveden Cambden and others write notwithstanding his former inhibition of plunder to force them more readily to submit unto him Hereupon Aldred Archbishop of York Wulstane Bishop of Worcester Walter Bishop of Hereford yea Prince Edgar himself all the English Nobility the chiefest of the Londoners and many others repaired to the victorious Duke at Berkhamsteed where giving him hostages for their fidelity they resigned themselves up unto him as his subjects and swore allegiance to him with whom he reciprocally made a Covenant of Peace nihilominus exercitui suo villas cremare rapinas agere permisit adds Hoveden When the feast of Christs Nativity approached Duke William resolved to march to London with all his Army and there to be crowned King but being on his way he found all the passâ—ges blocked up with many great trees which Frederick Abbot of St. Albans descended from the Saxons noble bloud had caused to be cut down and cast in the waies to secure his Monastery from the destruction of the Normans whereat the Duke both wondering and fretting sent for the Abbot under assurance of his safe return and demanding the cause Why his woods were thus felled and the wayes blocked up he returned him this stout answer I have done saith he both the duty of my birth and profession and if others of my rank had performed the like as they well might and ought to doe it had not been in thy power to have pierced the land thus farr William hearing his bold answer and knowing it was now a â—iâ—ter time to pacifie than exulcerate the English Spirits gave way to the present necessity and marched to London with his Army where he was joyfully received by the Prelates Nobles and Generality of the People and by them all elected and crowned King on the day of Christs Nativity Anno 1066. In magna exultatione a Clero et Populo susceptus et ab omnibus Rex acclamatus Thomas of Walsingham records that Williams Vantguard marching into London before him found many Rebels against him in the streets of the City with whom they encountring forthwith brought no small grief and lamentation to the City by reason of the many funerals of the Citizens and their Sons whom they slew At last the Citizens perceiving they could no longer resist them put in hostages subjecting themselves with all theirs to their Conqueror and Hereditary Lord. After which writes he the Duke on Christmass day was elected King by all the Nobles as well of the Normans as English and anoynted with sacred oyl and crowned with the royal Crown by the Bishops of the Realm at Westminster He receiving the Crown from the hands of Aldred Archbishop of York refusing to be crowned by Stigand Archbishop of Canterbury by reason of the many evils and horrible crimes reported of him and because he had unlawfully invaded that See during the life of Robert for which he was suspended by the Pope ne maledictionem videretur induere pro benedictione as most of our Historians accord though the Chronicle of Bromton and Mat. Parker assert that Stigand peremptorily reâ—used to crown him being a man of bloud and an invader of anothers right Cumque Willielmus Dux Normanniae Conquestor Angliae Tyranni nomen exhorresceret et nomen Legitimi Principis induere vellet à Stigando Cantuariensi Archiepiscopo in regno petiâ—t consecrari Ille vero ut quidam dicunt cruenti viro et alieni Iuris invasori manus imponere formidans nullatenus adquievit Unde licet ipse Willielmus eundem Stigandum ut noverat multis modis blandè honoravit ipsum tamen nunquam cordialiter amavit Thomas Sprot William Thorne and out of them Matthew Parker Mr. Lambard
though he gains the possession by force This is evident by the forecited words of Mathew Paris and this passage of Henry de Knyghton not extant in Hygden out of whom he seems to tanscribe it Et sic quia Normannus Iure haereditatis tenuit Normanniae Ducatum ideo Dux Regnum vero Angliae mero Conquestu in respect of actual possession et clameo subscripto in respect of Title by claim by gift from King Edward Ideo Rex which claim and Title being backed by the unanimous election of the Prelates Clergy Nobility People and right heir to the Crown himself who all submitted and sware homage fealty and allegiance to him as their lawfull King infallibly demonstrate him to be no Conquerour in respect of Title in a strict legal military sense even in the judgement of those antient and modern Historians who give him that Title but only in regard of Harold and his party and the actual possession which he got by conquest And in this sense alone is that Distick in the Chronicle of Bromton to be understood Dux Normannorum Willielmus vi validorum Rex est Anglorum Bello Conquestor eorum 6ly Our Great Antiquary Richard Vestegan in his Restitutions of decayed Antiquities learned Mr. John Selden in his Review of the Hist of Tithes p. 482 483. Sir John Hayward in the life of King VVilliam the first Mr. Nathaniel Bacon in his first part of his Historical Discourse of the uniformity of the Government of England chap. 44 45 46 55 56. to omit others most fully prove and assert That the entry of William the first into the royal Government of England neither was nor properly could be by Conquest but by Title and by the free election of the Nobles Clergy and People That although the several Titles he Pretended were perhaps if curiously examined not sufficient to give him a true legal Title and Right to the Crown of England à parte ante because not agreed unto and confirmed by the general consent of the Nobles Kingdom and Nation in a Parliamentary Great Council but only by the King and some particular Prelates and Nobles out of Parliament as Harold in his answers alleged yet being ratified exparte post both by the subsequent consent agreement submission election Oath homage and fealty of all the people Nobles Clergy by their legal free crowning of him at first by Edgar Atheling his own submission sealty and resignation of his royal right and Title thereby unto him and ratified by succeeding Parliamentary Councils it became an indubitable Right and Title both in Law and Justice to him and his Posterity against all others who could lay no legaller Title thereunto he continuing confirming all the antient fundamental Laws Liberties Customs and Government of the English Nation without any alteration both by Oaths and Edicts I shal therefore conclude this point with the words of Shard a learned Lawyer in King Edward the third his reign who when the Kings Counsel in a Quo Warranto against the Abbot of Peterborough would have made a Charter of king Edgar void because they alleged all Franchises were devolved to the Crown by the Conquest replyed thereto The Conquerour came not at all to put any who had lawfull possession out of their rights but to dispossess those who by their wrong had seised upon any land in dis-inherison of the King and his Crown And with the words of our judicious Historian Sa. Daniel concerning this king VVilliam Neither did he ever claim any power by conquest but as a regular Prince submitted himself to the orders of the Kingdom desiring to have his Testamentary Title howsoever weak to make good his succession rather than his sword And though the stile of Conqueror by the slattery of the time was after given him he shewed by all the course of his Government he assumed it not introducing none of those Alâ—erations which followed by violence but by a mild gathering upon the disposition of the State and the occasions offered and that by way of reformation And although Sir Hen. VVotton gives this verdict of them VVe do commonly and justly stile him the Conquerour For he made a general conquest of 〈…〉 Kingdom and People either by Composition or Armes c. Yet he addes He was Crowned on Christmas day 1066. at which time he would fain have compounded a Civil Title of I know not what Alliance or Adoption or rather Donation from Edward the Confessor As if hereditarie kingdoms did pass like Newyears gifts The truth is he was the heir of his Sword Yet from these pretences howsoever there sprang this good That he was thereby in a sorting aged to cast his Government into a middle or mixed nature as it were between a lawfull successor and an Invader though generally as all new Empires do savour much of their beginning it had more of the Violent than of the Legal If any domineering Souldiers or others upon this false surmise of Duke VVilliams right to the Crown and Realm of England by meer conquest shall henceforth presume to claim and exercise a meer arbitrary absolute tyrannical and despotical power over our English Nation Laws Liberties Parliaments Estates Persons as over a meer conquered Nation against all Commissions Trusts Oaths Engagements Declarations and the rules both of Law and War it self being raised waged commissioned only to defend and preserve us from conquest by the opposite party Let them know that they are far greater worser Enemies to their own Native Country than this Norman Duke or any of our former British Saxon Danish Norman or English Kings who never claimed the Crown by meer conquest in any age but only by some real or pretended Title of Inheritance or at least by a free and general election both of the Nobility Clergy and people as this King William did From the former Historical Passages concerning Harold Tosti Duke William and the Kentishmen I shall deduce these legal Observations 1. That no Tax Subsidie or Imposition whatsoever could in that age be imposed on the English or Norman Subjects by their Kings or Dukes but by their common consent in their Parliamentary Councils where they were denied when inconvenient to the publike as well as granted when convenient 2. That no English or Norman Subjects were then obliged to aid and assist their Soveraigns with their persons arms estates or subsidies granted in any foreign invasive war but only left free to contribute what private assistance they thought fit in such cases 3. That no publike wars in that age were ever undertaken but by common advice and consent in great Parliamentary Councils 4. That the Kings of England in that age however they came to the Crown by right or wrong held it both their bounden duty interest safety to defend and preserve the Laws Rights Liberties of the Church and people to enact and maintain good Laws and abolish all evill Laws Rapines Exactions Tributes
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