Spelman in his Glossary Title Danegold affirms 5. That King Edwards Officers after the Danish Kings expired reignes did collect it of the English Subjects without his privitie to cloath and pay his Souldiers and followers 6. That he out of mercy piety conscience and justice to his people not only restored it to them when collected and brought into his Exchequer without retaining one farthing of it but likewife for ever released it to them so that it was no more collected during his reign 7. That Taxes unjustly leavied upon the poor oppressed people are very pleasing and acceptable to the devill himself who claimes the money so collected for his own and that the Collectors and exacters of such Taxes though for the payment of Armies and Souldiers are really but the devils agents and instruments who will one day pay them their deserved wages 8. That heavy oppressions and taxes though for pretended publike necessities continued for many years together ought not onely to be eternally remitted but restored when collected by all conscientious pious righteous mercifull Saintlike Kings and Governours 9. That illegall heavy Taxes imposed by or for invading Usurpers if once submitted to and not strongly opposed by the generality of the people wil soon be claymed leavied as a customary early legall revennue both by the imposors and their successors and hardly be laid down and discontinued again for the peoples ease 10. That this tax of Danegeld amounting but to thirty eight or fourty thousand pounds in one whole year was in truth an heavy and intolerable burden and grievous oppression to the whole Nation fit to be abolished and released especially in times of dearth and scarcity Therefore certainly our late illegal taxes without authority of a free and legall Parliament amounting to 120. 90. or 60. 1000 li. monthly when lowest besids Excises Customes Imposts amounting to twice as much more must certainly be far more grievous intollerable to the Nation and so not onely to be remitted abandoned excluded but accounted for and restored to our exhausted oppressed Nation by all those Governours who pretend themselves saints of the highest forme and men ruling in the fear of God against whom this St. Edward the Confessor will rise up in judgement if they imitate not his just and Saintlike president therein All which considerations I recommend to their own and their Collecters Excisers sadest considerations to meditate seriously upon for the peoples ease William of Malmsburies records of this King Edward that he was in exactionibus vectigalium parcus quippe qui exactores execraretur Till we may be able really to record the like of our new Governours and Princes over us we shall never be either a free a peaceable or happy people nor they worthy of the name of Saints or Confessors in any English Annals or Kalenders He addes That King Edward with the touch of his hand did miraculously cure sundry persons of the luxuriant humours and swellings about the neck commonly called the Kings Evill whâ—ch cure in after ages some falsly ascribed non ex sanctitate sed ex regalis prosapiae haereditate fluxisse not to have issued from his sanctitie but from his hereditary royall bloud If his sanctity in releasing and restoring the formentioned insupportable Tributes of Danegeld shall now cure the hereditary Kings and our new Republiques long continued evill and malady of intolerable Tributes Contributions and Excises in this Age we shall register it to posterity for as great a miracle as his first care of the evill Kings only by his touching of it with his royall sacred hand King Edward about the year 1047. calling out of Normandy certain Normans qui olim pauoislis beneficiis inopiam Exulis suppleverant who had there releived and supplied his want during his exile to reward them for their benefits advanced them to places of extraordinary honour and trust about him amongst others he promoted Robert Gemeticensis a monk to the Bishoprick of London then to the Archbishoprick of Canterbury William to be his Chaplain first and afterwards Bishop of London and another to the Bishoprick of Dorchester which Jugulphus thus expresseth Rex autem Edwardus natus in Anglia sed Nutritus in Normania diutissime immoratus penè in Gallicum transierat adducens attrahens de NormaÌ„nia plurimos quos variis dignitatibus promotos in immensum exaltabat Proecipuus inter eos erat Robertus Monachus c. Coepit ergò totâ terrâ sub rege sub aliis Normannis introductis Anglicos ritus diminui FrancoruÌ„ mores in mult is imitari Gallicum idioma omnes Magnates in suis curiis tanquam magnam gentilitium loquiz Chartas Chyrographa sua more Francium confici propriam consuetudinem in his in aliis multis erubescere Thereupon Earle Godwin and his Sons being men of high spirits auctores tutores regni Edvardi were very angry and discontented quod novos homines advenas sibi preferri viderent because they saw these new upstarts and strangers preferred before them yet they never uttered a high word against the King whom they had once advanced Upon this occasion Anno 1051. there arose great discords between the English and these Normans quod Angli aspernantèr ferant superiorem Normani nequeant pati parem Henry Huntingdon records That these Normnans accused Godwin and Swaine and Harold his Sonnes to the King that they went about to betray him wherupon the King calling them into question for it they refused to appear without hostages for their safety upon which the King banished them But William of Malmsbury Roger de Hoveden Matthew Westminster Florentius Wigorniensis Simeon Dunelmensis Bromton Hygden Henry de Knighton Fabram Graston Holmshed Speed and the General Stream of our Historians relating the businesse more fully make this the originall cause of the difference between them and of the Exile of Godwin and his Sons Eustace Earle of Boloyn who had wedded King Edwards Sister ariving at Dover in the moneth of September 1051. one of his Knights seeking lodging unjustly slew one of the Townsmen whereupon the Townsmen slew him The Earle and his followers being enraged thereat slew divers men and women of the Town and trode their children under their own horses feet The Burgesses upon this assembling togetherto resist them after a feâ—rce Encounter put the Earle and his followers to flight slew eighteen or twenty of them in the pursute and wounded many more so that the Earle escaped only with one of his followers to the King then at Glocester where he grievously incensed the King against the Englishmen by reason of this tumult which he and his followers occasioned Whereupon Earle Godwin being much incensed at the slaughter of his men in the Burrowgh of Dover he and his sons assembled a great Armie out of all the Towns and Countries subject to them The King sending for Godwin to the Court charged him with his
with much treasure but his other two sonnes Harold and Leofric failed by Bristol into Ireland Moreover the King put away his Queen Editha for her Father Godwins sake thrust her into the Abbie of Warwel or Redwel without worship with one maid only to attend her committing her to the custody of the Abbess his own sister taking away all her substance without leaving her so much as one penny ne scilicet omnibus suis parentibus patriam suspirant bus sola sterteret in pluma Harolds Earldom and County wâ—a bestowed on Algarus who ruled it nobly and he with good will resigned it up to Harold upon his returne These things being done William Duke of Normandy came to visit the King with a great multitude of Normans and Souldiers whom King Edward honorably received and magnificently entertained for a season carrying him about to all his royal Castles and Cities and at last sent back into Normandy with many and great presents bestowed on him and his followers De successione autem Regni spes adhuc aut ment io nulla facta inter eos fuit writes Iugulphus King Edward In Parliamento Pleno having in Plain or full Parliament as Radulphus Cestrensis Knighton de eventibus Angliae l. 1. c. 10. Trevisa and others relate thus banished and outlawed Godwin and his sons in which in condition as some write they continued two ful years Thereupon in the year 1052. Harold and Leofric by way of reveng coming out of Ireland with such ships and forces as they could there raise pillaged the western parts of England infesting the shores with continual robberies carrying away rich booties and slaying such as resisted them Then marching from Severn into the confines of Somsetshire and Dorsetshire they plundered many Towns and Villages in those parts against whom a great multitude assembled out of these two Counties making head were incountred and routed by Harold many of their chief Officers and others being slain After which they returning to their ships with great booties sailed round about by the shore to Plimouth Upon this King Edward speedily sent forth forty ships well victualed and furnished with choice Souldiers commanding them to watch for and resist the coming and landing of Earle Godwin who without their privity coming with a few ships undescerned out of Flanders practised pyracy and pillaged the sea-coasts of Kent and Sussex and at last came to the Isle of Weight where his two sonnes Harold and Leofric joyning their ships and Forces with his they studiously plotted how they might aveng themselves upon King Edward by sea Griffin King of VVales in the mean time by their instigation de populating Herefordshire by land slaying many of the Countrey people who resisted him On the Kings part there were about sixty ships assembled together to oppose Harold riding at anchor the Admirals of which Navy were the Earls Odo and Ralph the Kings kinsmen neither was the King himself sloathfull in this necessity lying all night on shipboard and diligently observing the excursions of these Pyrates executing that by sage counsel which by reason of age he could not act with his hand When both Navies were drawn near together and ready to grapple with and encounter each other a thick fogge and cloud sodainly arising blinded the eyes of these furiou persons and restrained the wretched audacity of these mortals so that they could not encounter each other Godwin with his companions being forced by the winds to returne from whence they came After which Godwin and his sonnes by secret messengers drew unto their party an innumerable company of the inhabitants of Kent Essex Sussex and Surry and all the Mariners of Hastings with many Souldiers and having drawn together a very great Army out of those parts who all promised with one voice To live and dye with Godwin forbearing all plunder and depopulation after they met together taking only victuals for their Army when occasion and necessity required and alluring all they could to their party they marched with their forces first to Sandwich Which the King hearing of being then at London speedily sent messengers to all who had not revolted from him to come with all speed to his assistance who delaying overlong came not at the time appointed In the mean while Godwin comes up the Thames with his Navy and Army toward London and pitched his Tents in Southwark near the City King Edward who was then at London had assembled a great company of armed men together and no small Navy to pursue Godwin and his sonnes both by Sea and Land But because very few with the King or Godwin had courage to fight with each other and the English whose sonnes Nephews Kinsmen and Friends were with Godwin and Harold refused to fight against their own parents kinred of the Kings party thereupon some wise men on both parts diligently endeavored to make a firme peace and reconciliation between the King and Godwin and commanded the Armies and Navies to forbear fighting Godwin being aged and potent both with his favour and tongue to bow the mindes of his auditors very well purged himself from all the things objected against him The next morning Rex habens cum Primaribus suis Concilio the King taking Counsel with his Nobles restored Godwin and all his sonnes except Swane who went on Pilgrimage barefoot to Jerusalem to expiate the murder of Beorne together with the Queen his daughter to their former honours Godwin giving his Sonne VVâ—lnoth and Hake the Son of Swane his hostages to the King for his keeping of the peace and future loyaltie to him whom the King immediatly sent into Normandy to be kept there A concord and peace being thus made and ratified the King and Nobles omni populo bonas Leges rectam justitiam promiserunt promised good Laws and râ—ght Justice to all the people then they banished Robert arch-bishop o Canterbury Willâ—am Bâ—shop of London Vlfe Bishop of Dorchester and all the other Normans who incensed and gave the King evill counsel against Earle Godwin and the English and had invented unjust laws and prâ—nounced unjust judgements against them permitting only some few Normans nominated in our Historians whom the King loved more than the rest and who had been faithfull to him and all the people to remain in England Not long after VVilliam Bishop of London was for his goodnesse recalled and restored to his Bishoprick but Stigand was made Archbishop of Canterbury in the place of Robert and Osburne and Hugh two Normans by birth leaving their Castles here went to the King of Scots who entertained them and so the land was freed from these forreign incendiaries Normannos omnes ignominâ notatos prolata Sententia in Robertum Archiepis ejusque complices quod statum regni conturbarant animum Regis in provinciales agitantes Upon this sentence denounced Robert and others of them presently fled the Realme of their own accord without expecting any actual violence
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 Breunâ— 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 Rheese 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 Sywara 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 Waltcof 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 Concilto 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 Heâ—ford 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 infotmed of it commanded an Army to be presently assembled out of all England which meeting together at Gloucester he made valiant Earl Harold their General who devoutly obeying his commands diligently pursued Griffin and Algarus and boldly entring into the coasts of Wales encamped at Straddle But they knowing him to be a valiant man not daring to fight with him fled into South-wales Upon which Harold leaving the greatest part of his Army there commanded them manfully to resist the Enemies if there were cause and returning with the rest of the multitude to Hereford he enviroued it with a broad and deep trench and fortified it with gates and barrs At last Messengers passing between them and Harold they made a firm Peace between them Whereupon Earl Algarus his Navy returning to Chester there exacted the wages he had promised them but he repairing to the King received his Earldom from him again This same year Herman Bishop of Salisbury requested of the King and almost obtained leave to remove his See
from Ramesberg to the Monastery of Malmsbury sed Rege jnxta Consilium Procerum id nolente he thereupon resigned his Bishoprick went beyond the Seas and took upon him the habit of a Monk but repenting of his rashness he returned into England three years after and held the Bishopricks of Salisbury and Sherborne united together till the 9th year of King William the Conqueror In the year 1057. Prince Edward son of Edmond Ironside came out of Hungary where he had long lived an Exile into England being sent for thence by his Unkle King Edward who had decreed to make him heir to the Crown after himself but he died at London soon after his return leaving onely Edgar Athelin his son very young and two daughters Margaret and Christiana under the Kings custody and tuition This same year Earl Leofric at the request of his devout Noble Countess Godina freed the City of Coventry from a most grievous dishonest servitude and heavy Tribute wherewith he had formerly oppressed the Citizens being very much offended with them which though frequently importuned by her he would remit upon no other condition but this That his Lady Godina should ride naked through the street of the City from the one end of the market to the other when the people were there assembled Which she to obtain their Liberties from this Servitude and Tribute performed covering her self so with her long fair hair that she was seen and discerned by no body Whereupon the Earl her husband by his Charter exempted the Citizens of Coventry for ever from many payments which he formerly imposed and exacted from them the wisdom of which Earl much benefited the King and people whiles he lived t Algarus his son succeeding him in the Earldom of Mercia in the year 1058. was banished the second time by Kiag Edward but by the assistance of Griffin King of Wales and help of the Norwey fleet which beyond expectation came to assist him he suddenly recovered his Earldom again by force of which he conceived himself unjustly deprived against Law Griffin King of Wales having contrary to his former league and agreement invaded infested England slain the Bishop of Hereford burnt the City harrowed the Country and twice assisted Earl Algarus against King Edward thereupon Anno 1063. Duke Harold by King Edwards command marched hostilely into Wales with his forces to infest Griffin who having notice of his comming took Ship and hardly escaped his hands Hereupon Harold raised a greater Army and likewise provided Ships and furniture after this his brother Tosti and he joyning their forces together by the Kings command began to depopulate Wales and invaded it both by Sea and Land whereupon the Welshmen compelled by necessity gave them Hostages and promised That they would thenceforth pay a Tribute to K. Edward as their Soveraign and banish their King Griffin whom they expelled accordingly that year and An. 1064. they cut off their King Griffins head and sent it unto Harold who presently transmitted it to K. Edward whereupon the King made 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 fuerant pensa obedienter se pensurâ—s 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 oppreffive 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 pieceâ— 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 Orne and Ulfe son of Delfin whom Tosti the year before had commanded to be treacherously murdered in his chamber at York under pretext of making a Peace with them necnon pro immanitate Tributi quod de tota Northimbria injuste acceperat as also for the excessiveness of the Tribute which he had unjustly received out of all Northumberland without their common consent and grant These chasing the Earl himself out of the Country pro contuitu Ducatus
Regis Edwardi ei Regnum Angliae Sacramento firmavit subjoyns thereto Tradunt autem aliter alii quod videlicet Haroldus a Rege Edwardo fuerat ad hoc in Normanniam missus ut Ducem Gulihelmum in Angliam conduceret quem idem Rex Edwardus Haeredem sibi constituere cogitavit Roger de Hoved. Annal. pars prior p. 449. Radulph de Diceto Abbr. Chron. col 480 481. Eadmerus Hist Novorum l. 1. p. 4 5. Sim. Dunel Hist col 195. Jo. Bromton in his Chronicle col 947. Hygden in his Polychron l. 6. c. 27. with others record the matter somewhat different from our other Historians That Harold after his Fathers death craving leave of King Edward to goe into Normandy to free and bring into England his Brother Wulnoth Nephew Hake there detained Hostages the King would not permit him to goe as sent by him but yet left him free to do what he pleased of himself therein Adding Praesentio tamen te ad nihil aliud tendere nisi in detrimentum totius Anglioi regni et opprobrium tui nec enim ita novi Comitem mentis expertem ut eos aliquatenus velit concedere tibi si non praescierit in hoc magnum proficuum sui Harold notwithstanding taking ship to go into Normandy upon this occasion was driven by storm into Ponthieu and there imprisoned as aforesaid and by Duke Williams means and threats after two denials released who honourably entertaining him for some dayes to advance his own designs by him at last opened his minde thus to him Dicebat itaque Regem Edwardum quando secum invene olim juvenis in Normanniâ— demoraretur sibi interposita fide sua pollicitum fuisse quod si Rex Angliae foret Jus regni in illum Jure Haereditario transferret subdens ait tu quoque si mihi te in hoc ipso adminiculaturum sposponderis et insuper castellum Dofriâ— cum putâ—â— aquae ad opus meum te facturum sâ—roremque tuam uni de Principibus mâ— is dederis in uxâ—rem te ad me tempâ—râ— quâ— nobis conveniet destinaturum nec non filiam means in conjugem accepturum promiseris tunc et modo nepotem tuum et cum in Angliam venerâ— regnaturus fratrem tuum incolumem recipies in quo regno si tuo favore confirmatus fuero spondeo quod omne quod à me rationabiliter tibi postulaveris obtinebis Hereupon Harold perceiving danger on every side and not knowing how to escape unless he condescended to Williams will in all things he thereupon consented to his requests But he that all things might be ratified bringing forth the reliques of Saints brought Harold to this That he should swear upon them that he would actually perform all things which they had agreed between them These things thus done Harold receiving his Nephew returned into his Country where he related to the King upon his demand what had happened and what hee had done Who said Did I not tell thee I knew William and that many mischiefs might happen to this kingdom in thy journey I foresee in this thy deed that great calamities will come upon our Nation which I beseech God of his infinite mercy to grant that they may not happen in my dayes Mr. Fox relating this story more briefly concludes thus Whereby it may be â—athered That King Edward was right willing that Duke William should reign after him and also in seemeth not unlike but that he had given him his promise thereunto before The same Hoveden Annalium pars posterior p. 608 609 610. reciting the Laws of King Edward confirmed by King William after he got the Crown records these passages intermixed with them That King Edward retained his Cosen Edwards son Edgar with him and nourished him for his Son and because he thought to make him his Heir he named him Adâ—ling which we call a Little Lord. But King Edward so soon as he knew the wickednesse of his Nation and especially the pride of the Sons of Godwin of Harold who after invaded the Kingdom Estigurt Lefwin and others of his Brothers imagining that what he had purposed concerning Edgar could not possibly be stable Adoptavit Willielmum Ducem Normannorum in regnum adopted William Duke of Normandy to succeed him in the Realm William I say the bastard the son of Robert his Uncle a valiant warlike and stout man Who afterwards by Gods assistance by vanquishing the foresaid Harold son of Godwin victoriously obtained the Realm of England To which he subjoyns That Edward wanting issue sent Robert Archbishop of Canterbury to his Cosen William Duke of Normandy de Regno cum constituit Haeredem and made him heir of the Kingdom yea after him he sent Earl Harâ—ld and He invaded the Realm He further Records That when King William would have altered the Laws of England presented to him upon Oath in the 4th year of his reign but in one point Universi compatriotae qui leges edixerant tristes effecti c. tandem eum prosecuti sunt deprecantes quatenus pro anima Regis Edwardi qui ei post diem suum concesserat Coronam et Regnum et cujus erant Leges that he would not alter the Laws herein whereupon he consented to their request Thomas of Walsingham thus registers the fact Edwardus Rex Anglorum prolis successione carens olim miserat Duci Robertum Archiepiscopum Cantuar. statuens illum haeredem Regni a Deo sibi attributi Sed et Haroldum ipse postmodum destinavit qui fuit maximus Comitum regni sui in honore dominatione et divitiis ut ei de Corona sua fidelitatem faceret ac Christiano more Sacramentis confirmaret Qui dum ob hoc negotii venire contenderet velificato freto Porti Pontnium appulit ubi in manus Widonis Abbatis villae S. Abvile Comitis incidit quem idem Comes captum cum suis confestim in custodiam trusit Quod ut Dux comperit missis Legatis violenter illum extorsit quem aliquandiu secum moratâ— facto fidelitate de regno pluribus Sacramentis cum muneribus multis Regi remisit Denique Rex Edwardus completo termino foelicis vitae c. migravit a saeculo Cujus regnum Harâ—ldus continuo invasit ex fidelitate pejuratus quam Duci Iuraverat Ad quem Legatos direxit protinus hortans ut ab hac vesania resipisceret fidem quam Iuramento sposponderat cum digna subjectione servarer Sed ille hoc non solum audire contempsit verum omnem ab illo Anglorum gentem infideliter avertit c. Chronicon Johannis Bromton Col. 945. relates That King Edward purposed to make Edgar whom he had nourished as his Son heir of England Sed ut quidam aiunt Rex gentis suae malitiam et praecipuè superbiam Haroldi filii Godwini et aliorum divina demonstratione praevidens percepit quod propositum suum quoad ipsum Edgarum cognatum suum de regno post
Pavillion there came a voice unto him saying William William be thou a good man because thou shalt obtain the Crown of the Realm and shalt be King of England and when thou shalt vanquish the enemy cause a Church to be built in the same place in my name so many hundred foot in length as in number of years the seed of thy bloud shall possess the Government of the Realm of England and reign in England an 150. years But q Matthew Westminster writes this voice was after the battel with Harold not before it and the subsequent words in Knyghton touching his march to London import as much Harold residing in the North after his great victory there when he deemed all his Enemies totally broken in pieces received certain intelligence that Duke William was safely arived at Pevensey with his Fleet and an innnmerable company of valiant Horsemen Slingers Archers and Footmen whom he had hired out of all France Whereupon he presently marched with his army in great haste towards London and although he well knew that most of the valiant men in all England were slain in the two late Battels against Tosti and the Danes that many of the Nobility and Common Souldiers had quite deserted him refusing to march with him in that necssity because he permitted them not to share with him in the great booties they had won with their bloud and that half his Army were not come together yet he resolved forthwith to march into Sussex against the Enemy and fight them with those small forces tired he then had being most of them Mercenaries and Stipendiaries except those English Noblemen Gentlemen and Freemen who enflamed with the love and liberty of their Native Country voluntarily engaged themselves with him in the defence thereof against the common dangerous invading Enemy rather than to support his usurped Diadem and Royalty over them of which number there were very few f Immo vero panoi et manu promptissimi fuere qui charitati corporum renunciantes Propatria animas posuerunt Nampraeter Sâ—ipendiarios et Mercinarioâ— milites paucos admodum ex comprovincialibus habuit Praecipitabant eum nimium fata ut nec auxilia convocari vellet nec si vellet multos parituros invenerat Ita omnes ei erant infensi quod solus manubiis Borealibus incubuerat Unde cum suis quos ductabat astutia Gulielmi â—ircumventus fusus est levi videlicet belli negotiâ— sed occulto et stupendo Dei consilio quod nunquam posteà Angli Communi praelio in libertatem spiraverint quasi cum Haraldo omne robur deciderit Angliae quae certe Potuit et debuit etiam per inertissimos solvere paenas perfidiae Yet Thomas of Walsingham and some others write that Harold had gathered together an innumerable company of Englishmen against Duke William and the multitudes of the Nobility Gentry and Commons of England slain in the Battel besides those who fled from it and could not come to fight manifest his Army not to be so small as these Authors would make it only to augment the Englishmens valour and ecclipse the Normans as overcomming them more by stratagem and multitude than true fortitude Whiles Harold was in his march towards William within 9 miles of his Fort in Sussex he sent out Scouts before him to discover the forces and numbers of the Enemy who being intercepted and brought to William he caused them to be led about his tents that they might well view his Army and then being bountisully feasted he commanded them to be sent back to their Master without any harm Who returning to Harold commending the Dukes magnificence martial prowess and clemency seriously affirmed that all his Souldiers seemed to be Priests because their faces and both their lips were shaven which kind of shaving none of the English then used but their Priests only Upon which Harold smiling at the Scouts simplicity replied They were not effeminate Priests but Souldiers of great and valourous minds invincible in arms Whereupon Girth Harolds younger Brother a man of great knowledge and valour beyond his years taking the Speech out of his mouth said Seeing you commend the valour of the Normans to be so great I hold it unadvised rashnesse for you to fight with them to whom you may be reputed inferiour both in merit and valour Neither are you able to gainsay but that you took an Oath to William to reserve the Crown to his use voluntarily or unvoluntarily Wherefore you shall doe more advisedly to withdraw your self out of the field in this instant necessity ne si perjurus decertans vel fugam vel mortem incurras lest fighting perjured you incurre either flight or death and the whole Army perish for your sin of Perjury seeing there is no fighting against God Therefore expect the issue of the battel without danger For we are altogether free from any Oath justum suscipimus bellum pro Patria pugnaturi and have undertaken a just warr to fight for our Country If we fight alone without thee thy cause shall prosper better and thou shalt be more safe whatever befallius For if we fly thou maist be able to succour and restore us and if we be slain thou maist revenge us But such was Harolds unbridled rashness that he would not give a pleasing ear to this admonition esteeming it inglorious and a great dishonour to his former life and valour to turn his back to any Enemy or danger Whiles these discourses passed between them in comes a Monk sent by Duke William claiming the kingdom as his Because King Edward had granted it to him by advice of Archbishop Stigand and of the Earls Godwin and Siward and had sent the Son and Nephew of Godwin hostages thereof into Normandy But to avoid effusion of Christian bloud the Monk brought him these three profers Either to depart with the Realm to William according to his Oath and agreement Or to hold the Kingdom from and reign under him Or finally to determine the controversie between them two by a single Ducâ— in the view of both their 〈◊〉 But Harold out of a strange impâ—udence impudence pride of heart as one whom the heavens would depresse accepting neither domestick counsel nor the Normans offer would neither vouchsafe to look upon the Messenger with a good countenance nor discourse with him in milde terms but sending him away with indignation prayed only thus That God would judge between him and his Master William To whom the Monk boldly replying required that if he would deny the right of William he should either reserr it to the Judgement of the Sâ—e Apâ—stolick or else to battel if he had rather by which he asserted that William was ready to trie his Title But Harold answering nothing to those his Proposals but what he had done before went within little of laying violent hands upon the Embassador commanding William with violent terms and menaces to depart his kingdom
their Coronation Oaths and not arbitrarily or tyrannically according to their pleasures 5. That no Freemen in that age could be justly imprisoned banished or put to death but for some hainous misdemeanors and that by a legal trial and conviction 6. That the Subjects of England then held it their bounden duties in times of forein invasion to defend the Realm their Lives Liberties Properties both by Land and Sea against forein Enemies yet they held themselves dis-obliged and were generally averse to defend the person or Title of any Usurper of the Crown against any forein Prince or other Person who had a better right and title to it 7. That our English Ancestors in that age esteemed their hereditary Liberties good antient Laws and Customs more dear and pretious to them than their very lives and would rather die fighting for their Laws and Liberties like freemen than live under slavery or bondage to any Soveraign whatsoever 8. That the Kings of England in that age could neither give away nor legally dispose of their Crowns Kingdoms or Crown Lands to others without the privity and free consent of their Nobles and Kingdom in general Parliamentary Council as is evident by Harolds answers to VVilliams Embassadours the recited passage of Matthew Paris upon that occasion and this of Samuel Daniel p. 34. So much was done either by King Edward or Harold though neither act if any such were was of power to prejudice the State or alter the course of right succession as gave the Duke a colour to claim the Crown by a donation made by Testament which being against the Law and Custom of the Kingdom could be of no validity at all For the Crown of England being held not as patrimonial but in succession by remotion which is a succeeding to anothers place it was not in the power of King Edward to collate the same by any dispositive and Testamentary Will the right descending to the next of blood only by the Laws and Custom of the Kingdom For the successor is not said to be the Heir of the King but of the Kingdom which makes him so and cannot be put from it by any Act of his Predecessors 9. That the Nobilities Clergies and peoples free-Election hath been usually most endeavoured and sought after by our Kings especially Intruders as their best and surest Title To these Legal I shall only subjoyn some Political and Theological Observations naturally flowing from the premised Histories of King Edward Harold and William not unsuitable to nor unseasonable for the most serious thoughts and saddest contemplations of the present age considering the revolutions and postures of our publike affairs 1. That it is very unsafe and perillous for Princes or States to intrust the Military and Civil power of the Realm in the hands of any one potent ambitious or covetous person who will be apt to abuse them to the peoples oppression the kingdoms perturbation and his Sovereigns affront or danger as is evident by Earl Godwin and his Sons 2. That devout pious soft-natured Princes are aptest to be abused and their people to be oppressed by evil Officers 3. That it is very dangerous and pernicious to heditary kingdoms for their King to die without any certain known and declared right Heirs or Successors to their Crowns yea an occasion of many wars and revolutions as is evident by King Edwards death without issue or declared right heir 4. That right heirs to Crowns who are of tender years weak judgement or impotent in Friends and Purse are easily and frequently put by their rights by bold active and powerfull Intruders as Edgar Atheling was both by Haroid and William successively Yet this is remarkable in both these Invaders of his royal Right 1. That Harold who first dethroned him to make him some kind of recompence and please the Nobles of his party created Edgar Earl of Oxford and held him in special favour 2ly That King Willam the first to whom he submitted himself and did homage and fealty used him very honourably and entertained him in his Court not only at first but even after he had twice taken up armes against him joyning first with the English Nobilitie then with the Danes and Scots against his interest For Edgar coming to him into Normandy Anno 1066. out of Scotland where he lived some years where nihil ad praesens commodi nihil ad futurum spei praeter quotidianam stipem nactus esset he not only pardoned his fore-past offences but magno donativo donatus est pluribusque annis in Curia manens Libram Argenti quotidie in stipendio accipiebat writes Malmesb. receiving a great donative from him and a pound of silver for a stipend every day and continuing many years in his Court. After which Anno 1089. He went into Apulia to the Holy wars by King Williams licence with 200 Souldiers and many Ships whence returning after the death of Robert son of Godwin and the loss of his best Souldiers he received many benefits from the Emperours both of Greece and Germany who endeavoured to retain him in their Courts for the greatness of his birth but he contemning all their proffers out of a desire to enjoy his Native Country returned into England and there lived all Kings Williams reign In the year 1091. Wil. Rufus going into Normandy to take it by force from his brother Robert deprived Edgar of the honour which his Brother with whom he sided had conferred upon him and banished him out of Normandy whereupon he went into Scotland where by his means a peace being made between VVilliam Rufus and Malcholm king of Scots he was again reconciled to Edgar by Earl Roberts means returned into England being in so great favour with the king that in the year 1097. He sent him into Scotland with an Army Ut in ea consobrinum suum Eadgarum Malcholmi Regis filium patruo suo Dufenoldo qui regnum invaserat expulso Regem constitueret Whence returning into England he lived there till after the reign of king Henry the first betaking himself in his old age to a retired life in the Country as Malmesbury thus records Angliam rediit ubi diverso fortunae ludioro rotatus nunc remotus tacitus canos suo in agro consumit Where most probably he died in peace since I find no mention of his death No less than 4 successive kings permitting this right heir to their Crowns to live both in their Courts and Kingdom of England in peace and security such was the Christian Generosity Charity and Piety of that age without reputing it High Treason for any to relieve or converse with him as the Charity of some Saints in this Iron age would have adjudged it had they lived in those times who have quite forgotten this Gospel Lesson of our Savior they then practised But I say unto you love your Enemies do good to those that hate you
secularibus nec non Regalibus Tributis Majoribus et Minoribus seu Taxationibus quae nos Wâ—tereaden appellamus Sitque omnium rerum libera pro remissione animarum peccatorum meorum ad serviendum soli Deo sine expeditione et pontis constructione arcis munitione ut eo diligentius pro nobis preces ad Deum sine cessatione fundant quo eorum servitutem in aliquo levigamus The Copies in our Historians vary in some expressions and in the date 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 That this King and Council in those times of Invasion and necessity were so far from taking away the Lands and Tithes of the Church for defence of the Realm or from imposing new unusual Taxes and Contributions on the Clergy for that end that they granted them more Lands and Tithes than formerly and exempted them from all former ordinary Taxes and Contributions that they might more cheerfully and frequently pour forth prayers to God for them as the best means of defence and security against these forein invading enemies Mr. Selden recites another Charter of this King of the same year different from it in month and place out of the Chartularies of Abbington Abbey to the same effect made by Parliamentary consent of that time per consilium salubre cum Episcopis Comitibus ac cunctis Optimatibus meis which Charter is subscribed by this King and his two Sons with some Bishops and Abbots ratified with their signs of the Cross and this annexed curse Si quis ver ò minuere vel mutare nostram donationem praesumpserit noscat se ante tribunal Christi redditurum rationem nisi prius satisfactione emendaverit usual in such Charters Aftet which this King going to Rome carried Alfred his youngest Son thither with him whom he most loved to be educated by Pope Leo where continuing a year he caused him to be crowned King by the Pope and returning into his Country married Judith the King of France his Daughter bringing Alfred and her with him into England In the Kings absence in forein parts Alstan Bishop of Sherburne Eandulfe Earl of Somerset and certain other Nobles making a Conspiracie with Ethelbald the Kings eldest Son concluded he should never be received into the Kingdom upon his return from Rome for two Causes One for that he had caused his youngest son Alfred to be crowned King at Rome excluding thereby as it were his eldest Son and others from the Right of the Kingdom Another for that contemning all the women of England he had married the Daughter of the King of France an alien et contra morem et Statuta Regum West-Saxonum and against the use and Statutes of the Kings of the West-Saxons called Juâ—ith the King of France his Daughter whom he lately espoused Queen and caused her to sit by his side at the Table as he eastâ—d For the West-Saxons permitted not the KingsWife to sit by the King at the Table nor yet to be caled Queen but the Kings Wife Which Infamy arose from Eadburga Daughter of King Offa Queen of the same Nation who destroyed her Husband King Brithrâ—ic with poison and sitting by the King was wont to accuse all the Nobles of the Realm to him who thereupon deprived them of lâ—fe or banished them the Realm whom she could not accuseâ— she used to kill with poison Therefore for this mis-doing of the Queen they all conjured and swore that they would never permit a King to reign over them who should be guilty in the premises Whereupon King Aethelulfe returning peaceably from Rome his Son Aethelbald with his Complices attempted to bring their conceived wickedness to effect in excluding him from his own Realm and Crown But Almighty God would not permit it for lest peradventure a more than civil war should arise between the Father and the Son the Conspiracie of all the Bishops and Nobles ceased though the King Clemency who divided the Kingdom of the West-Saxons formerly undivided with his Son so that the East part of the Realm should go to his Son Ethelbald and the West-part remain to the Father And when tota Regni Nobiliras all the Nobility of the Realm and the whole Nation of the West-Saxons would have fought for the King thrust his Son Ethelbald from the right of the Kingdom and baâ—ished him and his Complices out of the Realm qui tantum facinus perpetrare ausi sunt Regem à regno proprio repellerent which Wigorniensis Anno 855. â—iles Facinus et inauditum omnibus saeculis ante infortunium if the Father would have permitted them to do it He out of the nobleness of his mind satisfied his Sons desire so that where the Father ought to have reigned by the just judgement of God there the obstinate and wicked Son reigned This King Aethelulfe before the death of Egbert his father was ordained Bishop of Winchester but his Father dying he was made King by the Prelates Nobles and People much against his will cum non esset alius de Regio genere qui regnare debuisset because there was none other of the Royal Race who ought to reign Haeredibus aliis deficientibus postmodum necessitate compulsus gubernacula Regni in se suscepit as Bromton and others expresse it At his death Anno 857. he did by his will lest his Sons should fall out between themselves after his decease give the kingdom of Kent with Sussex and Essex to Ethelbert his second son and left the kingdom of the West-Saxons to his eldest son Aethelbald then he devised certain sums of Money to his Daughter Kindred Nobles and a constant annuity for ever for meat dâ—ink and cloths to one poor man or pilgrim out of every 10 Hides of his Land 300 marks of mony to be sent yearly to Rome to be spent there in Oyl for Lamps Almes
her beauty to the king and marrying her to himself After which the king being extraordinarily ravished with the true reporr and sight of her transcendent beauty thereupon as Bromtons Chronicle relates statim post octo dies RexParliamentum suum apud Sarisberiam convocavit Ubi cunctis suis Proceribus congregatis de custodia terrae Northumbriae qualiter contra ingressum Danorum melius posset custodiri tractaverunt inter quos Ethelwolfus ad Custodiam Eboraci patriae 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 Ethelwolfe travelling through the Forrest of Werewell towards his new VVardship was there cruelly assaulted and murdered by some unknown armed persons 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-Bastard-Son being there present beholding his 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 kings swelling 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 pretious pearls on their heads Hereupon Archbishop Dunstan the next morning boldly rushing into the kings Bedchamber whiles they were both in Bed together demanded of the king what Woman he hadlying 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 Ctown 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 should 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 thereupon 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 â—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 Charcer 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 consortio sanctae Dei Ecclesiae aeternis Barathri incendiis lugubris jugiter cum Juda Christi proditore ejusque complicibus puniatur si non satisfactione emendaverit congrua 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 granted and confirmed to them by King Edred and his Nobles in the presence of both the Archbishops aâ— the Bishops and Nobles assembled in a Council at London who ratified it with their fubscriptions the sign 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 his Prelates and Nobles in Octavis Pentecostes against all Infringers of this Charter 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 State and Church thus presaced Leges quas or hoc est Institutum quod Edgarus Rex freqenti Senatu Consilio Sapientum snorum ad Dei gloriam Regiae Majestatis ornamâ—â—tum et Reipublicae utilitatem sancivit or constituit The 7 and 8 of his secular Laws in the Latin but 1 2 3. in the Saxon Copy I shall only transcribe Hoc est institutio secularis quam volo per omnia teneri Volo ut omnis homo sit dignus juris publici â—auper et dives quicunque sit et eis justa judicia judicentur Et sit in emendationibus remissio venialis apud Deum Et apud
under a pretext of love to take away all suspition so soon as the Cup was at his mouth slabbed him presently into the Bowels with a knife King Edward feeling himself wounded set spurs to his Horse thinking to escape to his own faithfull followers but the wound being mortal he fell from his Horse dead and one of his feet hanging in the Stirrop he was dragged up and down through the Mire and Fields and at last left there dead near Cerf Gate VVhich his wicked Stepmother hearing of commanded her most wicked Servant to drag him by the Heels like a beast and throw him into a little Cottage hard by that the fact might not be discovered Aster which she commanded his Corps to be privily taken from thence left this her most execrable work of darkuess should be discovered and buried in an obscure bushy morish place where it should no more be found by any Most of our Historians write that he was obscurely buried at VVearham without any Royal State Ac sicum Corporc paritèr Memoriam sepellissent invidentes ei sespidem cui Vivo inviderunt decus Regium So Malmsbury or as Matthew Westminster descants on it Invidebant enim mortuo Ecclesiasticam concedere Sepulturam Cni videnti decus Regium auferebant And not content herewith they made an Edict than which nothing could be more cruel That no Man should lament or speak of his death thinking thereby uttâ—rly to aelete his memory But contrary to their expectation God by a supernatural light from heaven shining on the place and sundry Miracles there wrought if our Monkish Historians may bee credited frustrated this design For though the Queen and her Complices out of their transcendent malice which O that some of late times had not overmuch imitated Inimicitias quas viventi ingesserunt in mortuum pâ—otelantes sepelierunt â—um fine Regio honore apud Warham ut sicut vitam ejus extinxerant ita et nomen ejus extinguerent hic vero compertum est contra divinam providentiam non sufficere pravum cor hominis et inscrutabile Quem enim perfidi terris abjicerant Deus coelo gloriosè suscepit et memoriae aeternae insignivit eum Dominus cujus mentionem Proditores obnubulare studuerant But mark the sad sequel of this prodigious Regicide Proditione Gentis suae perfidae thus registred by Henry Huntindon an impartial Historian Inde Dominus iterum ad iram provocatus est et plus solito irritatus Genti pessimae malum inextricabile conferre cogitavit et quod facere paraverat non distulit Veneruntque Dani et operuerunt Angliam quasinubes coeli To which William of Malmsbury subjoyns Creditumque et celebritèr vulgatum quod propter Elfridae in Edwardum insolentiam multo post tempore tota patria servitutem infremuisset Barbaricam Take the summ of his Reign Murther Saintship in these words of Abbot Ethelred Translato ad coelestia Regna Rege Fadgaro in reono terreno filius ejus Edwardus successit Qui injuste ab implis interfectus tum 〈◊〉 sanctitatem tum ob mortis 〈…〉 Sancti Nomen et Meritum Deo donante promeruit being afterward translated to Shaftsbury and there honourably enshrined King Edward being thus treacherously murdered on the 17th day of April Anno 978. when he had reigned only 3. years and 8. moneths by hereditary Succession thereupon on the 8. of May 979. his half-brother Ethelred was crowned King at Kingston by both the Archbishops Dunstan and Oswald and ten Bishops more in the presence of the Nobles much against Dunstans will And although Ethelred so much lamented his Brothers murder being then but a child of ten years old not active to promote this Treacherous plot and so detesting it that his Mother Elfrida in a rage whipped him for it with candles for want of a rod which made him abhor candles all his life yet Dunstan full of a propheticall Spirit at the very time of his Coronation told him that he and his Posterity together with the whole kingdom should suffer grievous tribulation all his reign using these words then unto him Because thou hast aspired to the Kingdom by the death of thy Brother whom thy Mother murdered therefore hear the word of the Lord Thus saith the Lord The Sword and Bloud shall not depart from thy House nor from the Nation but shall rage against thee all the days of thy Life slaying thy séed uutil thy Kingdom shall be translated to another Realm and Nation whose Customs and Language that Nation over which thou reignest knoweth not 〈…〉 in ultiâ—um red gat servâ—tutem who shalâ— reduce them into the ertremet Bondage for conspiring with thy ignominious Mother against the Bloud of thy Brother Neither shâ— thy fin nor the sin of thy Mother Nor the sin of those who were privy to her wicked Counsell that they miâ—ht stretch â—ut an hand against the Lords anointed to slay him be expiated but by a long Revenge and much effusion of bloud Which accordingly came to pass and let all others whom it concerns most nearly with our whole English Nation now seriously reminde it This Prophecie was presently after seconded with a prodigious Cloud spread and seen over all England sundry nights which appeared sometimes bloudy other times fiery and then changing it self into divers sorts of flashings and colours vanished about the morning The very next year following the barbarous Danes invaded England burnt Southampton killing and carrying away Prisoners almost all the Inhabitants thereof after which they infested and wasted the Isle of Teneth and City of West-Chester invading England every year with new forces til they had laid the whole kingdom desolate expelled King Ethelred with his Queen and Children into foreign patts and possessed themselves both of the Crown and Realm as absolute Soveraigns And here before I proceed further I cannot but take special Notice of Gods admirable retaliating Justice inflicted upon some of our Saxon usurping Regicides and their Posterities worthy our saddest contemplation King Edgar as I touched before injuriously usurped upon his elder Brother King Edwyn and by force of arms deprived him of half his Crown and kingdom at first and of his whole Realm if not life too at last But within few years after by Gods avenging hand his best beloved eldest Son and heir King Edward to whom he bequeathed the Crown at his death was first opposed in his Succession and soon after most treacherously butchered by his own Queen and younger Son who invaded the Crown by his slaughter King Edgar treacherously slew Earl Ethelwold as you have read to espouse his wife Elfreda Crown her for his best beloved Queen who no doubt was consenting to if not the contriver of his murder as he was hunting in Worel Forest And she to requite this murder kills his own Son and heir King Edward as he came from hunting in a Forest not very far distant from the same place
and â—rivolous and that no man is worthy the name of a King but he alone to whose bâ—ck both Heaven Earth and the Sea obey by everlasting Laws Henry de Knyghton superaddes thereto as part of his Speech which most others omit I am a Wretch and a Captive able to do nothing possessing nothing without his gift I commend I recommend my self to him and let him be the Gardian of debility Amen After which King Cnute never wore his Crown upon his head but put it upon the head of the Crucifix at Winchester as most accord to the praise of the great King thereby giving a great example of humility to Kings and Conquerors who in the height of all their power can not command the Sea or least wave not to flow or wash them Henry de Knyghton conceives this to be before his pilgrimage to Rome others expresly record it was after his return from thence whose computation I here follow and therefore place it in this year In the year of our Lord 1035. King Cnute a little before his death made this partition of his kingdoms amongst his Sons Swane his son by Q. Algiva or as some affirm of a Priests wife suborned by Algiva as her own he made King of Norwey his Son Harde-Cnute by Queen Emma he caused to be crowned King of Denmark as Wigorniensis Hoveden and others write yet some gainsay it that he made his Son Harold King of England and soon after died at Shaftesbury November 12. 1035. and was buried at Winchester Immediatly after his decease the Nobles met at Oxford about the election of a new King which our Historians thus express Convenerunt apud Dxoniam ad Colloquium as Mat. Westm or Placitum magnum as Huntindon and others stile it Proceres Regni Vt de novo Rege creando tractatent ibidem All the Nobles of the Realm assembled in a great Parliamentary Council or Court at Oxford that they might consult about the electiction of a New King which they would not have done had Harold been made King of England before by Cnute in his life time Leofric Earl of Chester and the rest of the Nobles on the Northside of the Thames with all the Danish Princes and Londoners who by conversing with the Danes amongst them were corrupted with their vices and addicted to their party elected Harold Son of Cnute by his Concubine Algiva whom some aver to be the son of a Tayler for their King But Godwin Earl of Kent with the Princes of the Western part of England contradicting them would rather have elected Harde-Cnute son of Cnute by Queen Emma or one of the Sons of King Ethelred and Emma then in Normandy After great strife and debate between the Nobles about the Election because Harold was there personally present but Harde-Cnute then in Denmark and Alfred and Edward in Normandy Harolds party prevailed against Earl Godwins qui tandem vi numero minor â—essit violentiae Whereupon Harold was presently crowned King at Oxford by Elnothus Archbishop of Canterbury though at first he was very unwilling to perform that service For it is reported of him that he having the regal Scepter and Crown in his custody refused with an Oath to consecrate any other for King so long as Queen Emma her children were living for said she Cnute committed them to my trust and assurance and to them will I give my faith and allegiance This Scepter and Crown therefore I here lay down upon the Altar neither do I deny nor deliver them to you but I require by the Apostolick Authority all Bishops that none of them presume to take the same away neither that they consecrate him King therewith as for your self if you dare you may usurp that which I have committed to God on this Table Notwithstanding this great thunderclap being allayed with the showers of Golden promises of his just good and religious government intended though present experience manifested the contrary he was crowned by him Anno Anno. 1035. Henry Huntindon and others write That they elected him King only to keep the kingdom for his Brother Harde-Cnute then in Denmark Harold and the Nobles of West-Sex who opposed his election upon advice taken resolved that Queen Emma wife of the deceased King should keep West-Sex and Winchester for the use of her Son Harde Cnute and that Earl Godwin should be their Captain in military affairs Roger Hoveden and others record That Harold being elected King by the consent of the major part of the Nobles of England obtained the royal dignity and began to reign quia justus haeres because he was a lawfull heir yet he reigned not so powerfully as Cnute quia justior haeres expectabatur Harde Cnutus because a juster heir Harde Cnute was expected By reason of this disagreement amongst the Nobles to please both parties the kingdom of England was therupon divided by Lot Harold enjoying the Northern part thereof and Harde-Cnutes friends retaining the Southern part of it for his use No sooner was Harold crowned King but to secure himself the better in his Throne he presently posted to Winchester with his forces where tyrannically and forcibly taking away all the Treasures and goods which Cnute had left to Queen Emma his Mother-in-law he banished her out of England into Flanders some write she was thus banished by the secret Counsel and treachery of Earl Godwin whom she had made General of her forces for her preservation who proved unconstant and a Traytor to her and her children where in this her distresse she was honourably entertained by Earl Baldwin In the year 1036. Alfred eldest Son of King Ethelred comming over to claim his right in the Crown was with his Norman associates betrayed and murdered by the treachery of Earl Godwin of which I finde these several different relations in our Historians Matthew Westminster Ranulphus Cistrensis and others out of them record that Alfred being in Normandy and hearing of the death of Cnute came into England with 23. chosen ships full of Souldiers ut paternum regnum de Jure sibi debitum vel pacificè vel si necessitas cogeret armatorum praesidio obtineret that he might obtain his fathers kingdom of right due unto him either peaceably or if necessity compelled by force of arms Who ariving with his forces at Sandwich Port came as far as Canterbury When Godwin Earl of Kent knew of his comming he went to meet him and receiving him in his fidelity the very next night following compleated the part of the Traytor Judas upon him and his fellow-Souldiers For after kisses of peace given and joyful banquets in the silence of the midnight when as Alfred and his companions had given their Members to sleep they were all taken unarmed in their beds suspecting no harm by a multitude of armed men rushing in upon them and their hands being tyed behind their backs they were compelled to sit down in order one by another Where
sitting in this manner nine of them were always beheaded but the tenth dismissed and his life reserved for a time These things were acted at Gildeford a royal Town But when it seemed to the Traitor Godwin that there were more yet remaining alive of them than was profitable he coÌ„manded them to be tithed over again as before and so very few of them remained alive But young Alfred every way worthy of royal honour he sent bound to the City of London to King Harold that therby he might find greater favor with him with those few of his followers who remained undecimated So soon as the King saw young Alfred he caused him to be sent to the Isle of Ely and there to have his eyes pulled out of the pain whereof he soon after died but he slew all his Souldiers too perniciously Florentius Wigorniâ—nsis Roger de Hoveden Simeou Dunelmensis Radulphus de Diceto Mr. Fox and others relate That the innocent Princes Alfred and Edward sons of King Ethelred came out of Normandy where they had long resided with their Uncle Richard into England accompanied with many Norman Souldiers transported in a few ships to conferr with their Mother Emma then residing at Winchester Which some potent men especially Earl Godwin as was reported took very unworthily and grievously because licet injustum esset although it were unjust they were more devoted to Harold than to Alfred Whereupon Harold perswaded King Harde-Cnute and the Lords not to suffer those Normans to be within the Realm for jeopardy but rather to punish them for example by which means he got authority to order the matter himself Wherefore he met them on Guild-down and there seised upon Prince Alfred and retained him in close Prison when he was hastning towards London to conferr with King Harold as he had commanded And apprehending all his followers he ransacked some of them others of them he put in chains and afterwards put out their eyes some of them he tormented and punished by pulling off the skin from their heads and cutting off their hands and feet many of them he likewise commanded to be sold and slew 600 men of them at Gildeford with various and cruel deaths whose Souls are believed now to rejoyce with the Saints in Paradice seeing their bodies were so cruelly slain in the fields without any fault which Queen Emma hearing of sent back her Son Edward who remained with her with greatest haste into Normandy After which by the command of Earl Godwin and some others Prince Alfred being bound most straitly in chains was carried Prisoner to the Isle of Ely by ship where he no sooner arived but his eyes were most cruelly pulled out and so being led to the Monastery was delivered to the Monks to be kept where he soon after died and was there interred Some add that after Alfreds eyes were put out his belly was opened and one end of his bowels drawn out and fastened to a stake and his body pricked with sharp needles or poyneyards forced about till all his intrails were extracted in which most savage torture he ended his innocent life Ranulphus Cistrensis in his Polychronicon l. 6. c. 21. relates that Godwin used this strange cruelty towards those Normans that came over with Alfred whom he twice decimated at Gildeford that he ripped up their bellies and fastned the ends of their guts to stakes that were reared and pyght in the ground and laid the bodies about the stakes till the last end of the guts came out The Author of the Book called Encomium Emmae and Speed out of him writes That Harold was no sooner established King but that he sought meanes how to rid Queen Emma secretly out of the way and maliciously purposing took counsel how he might train into his Hay the sons of Queen Emma that so all occasions of danger against him might at once for all be cut off Many projects propounded this lastly took effect that a Letter should be counterfeited in Queen Emma's name unto her sons Edward and Alfred to instigate them to attempt the Crown usurped by Harold against their right The Tenor of which Letter you may read in Speed This Letter being cunningly carried digested by Alfred as savoring of no falshood he returned answer he would come shortly over to attend his Mothers designs which Harold being informed of forelayes the coasts to apprehand him Upon his comming on shore in England Earl Godwin met him and binding his assurance with his corporal Oath became his Leige-man and guide to Queen Emma but being wrought firm for Harold treacherously led these Strangers a contrary way and lodging them at Guildford in several Companies there tithed and murthered them as aforesaid Henry Huntindon the Chronicle of Bromton William Caxton in his Chronicle and another Historian mentioned by Mr. Fox record that this murther was after the death of King Harde-Cnute When the Earls and Barons of England by common assent and counsel sent into Normandy for these two Brethren Alfred and Edward intending to crown Alfred the elder Brother and to make him King of England and to this the Earls and Barons made their Oath But Earl Godwin of West-Sax sought to slay these two brethren so soon as they came into England to the intent he might make Harold his own son by Cnutes daughter or sister maried to him King as some of these affirm Others of them relate that he intended only to destroy Alfred being an Englishman by the Father but a Norman by the Mother whom he foresaw to be a person of such honour and courage that he would disdain to mary his daughter or to be swayed by him and then to mary his daughter Godith to Edward the younger Brother and to make him King as being of a more milde and simple disposition apt to be ruled by him Hereupon Godwin went to Southampton to meet with the two Brothers at their landing It fell out that the Messengers sent into Normandy found only Alfred there Edward being then gone into Hungarie to speak with his Cosen Edward the Outlaw Ironsides son When Alfred heard these Messengers tydings he thanked God and in all hast sped him to England ariving at Southampton with some of his Mothers kinred and many of his fellow-Souldiers of like age who were Normans Whereupon Godwin intimated to the Nobles of England That Alfred had brought over too great a company of Normans with him and had likewise promised the lands of the Englishmen to them and therefore it would not be safe to instirpate such a valiant and crafty Nation amongst them That these ought to undergoe exemplary Punishment lest others by reason of their alliance to the King should presume to intrude themselves amongst the English And then posting to Southampton welcomed and received Alfred with much joy pretending to conduct him safe to London where the Barons waited for to make him King and expected his comming and so they passed forth together
towards London But when they came to Guild-down Godwin said to Alfred Look round about thee on thy right hand and left and behold what a kingdom shall be subjugated to thy Dominion Upon which Alfred giving thanks to God presently promised that if it happened he should be crowned King He would constitute such Laws as should be pleasing and acceptable both to God and Man Which words were no sooner uttered but the Traytor Godwin commanded all his men to apprehend Alfred and to slay all the Normans that came with him in his company and after that to carry Alfred into the Isle of Ely and there to put out both his eys and to pull out his bowels which they accordingly executed as aforesaid And so died this innocent Alfred right heir to the Crown through the Treason of wicked Godwin When the Lords of England heard thereof and how Alfred that should have been their King was put to death through the false Treason of Godwin against their wills they were wonderfull sorrowfull and wroth and swore before God and Man that he should die a worser Death than did Edric which destroyed his Lord Edmond Ironside and would immediately have put him to death but that the Traytor fled and escaped into Denmark and there continued 4. yeares and more and lost all his Lands Rents Goods and Chattels in England confiscated in the mean time for this his Treason These Historians though they somewhat vary in the time and occasion of Prince Alfreds death yet they all agree in the substance of his and of his Norman Souldiers and Campanions treacherous barbarous murders by the joynt or separate treacherie of Earl Godwin and his son Harold Which how fatal it proved to them both by Gods avenging Justice you shall hear in its due place and what divine vengeance it drew at last on the whole English Nation religious and judicious Mr. John Fox informes us in these words This cruel fact of Godwin and his men against the innocent Normans whether it came of himself or of the Kings setting on seemeth to me to be the cause why the justice of God did shortly after avenge the quarrel of these Normans in conquering and subduing the English Nation by William the Conquerour and the Normans which came wiâ—h him For so just and right it was that as the Normans coming with a natural English Prince were murdered of English men so afterwards the Englishmen should be slain and conquered by the Normans coming with a forein King being none of their natural Country After the banishment of Queen Emma out of and murder of Prince Alfred in England Harde-Cnute delaying the time in Denmark and deferring his coming in o England thereupon Harold formerly King only of the Mercians and Northumbrians that he might reign over all England in the year 1037. A Principibns et omni Populo Rex eligitnr was elected King by all the Nobles and People Harde-Cnutus verò quia in Denmarchia manscrat et ad Anglian ut rogabatur venire distulit penitus abjicitur as Florentius Wigorniensis Simeon Dunelmensis Hoveden Bromton Radulphus de Diceto and others inform us After which King Harold degenerating from Cnute his Father in all things took no care at all either of military or civil affairs nor of his own Courtly honour doing only his own will and contrary to his royal estate going more willingly on foot of which he was so swift that he was named Harefoot than riding on Horseback In his dayes there were rendred and paid to 16 Ships from every Port not In-land Towns 8. marks of Silver as in the time of his Father as Henry Huntindon records to which John Speed subjoynes This Dane seeing his hazards prevented sought to secure himself and wâ—th 16 Ships of the Danish Fleet kept the Seas which continued ever in a readiness and wafted from port to port to the maintenance whereof he charged the English with great payments to their no little grudge and reviling whereby he lost the love of his Subjects before it had taken root in their hearts Neither held he long those disloyal courses for that his speedy death did cut off the infamy of a longer life he dying at Oxford where he was elected King without wife or children to survive his person or revive his name when he had reigned only 4. years and as many moneths Anno 1040. Upon the deâ—th of h Harold Proceres tam Anglorum quam Danorum in unum concordantes sententiam the Nobles both of the English and Danes assembling together in a Parliamentary Council and concording in one opinion sent Embassadours to Harde-Cnute then at Bruges in Flanders visiting Queen Emma his Mother where he had made great preparation of ships and land-forces to recover the Crown of England which belonged to him both by birth and compact from his brother Harold beseeching him to make hast into England and to take possession of the Crown thereof Whereupon he immediately consenting to the Counsel of the Nobles came speedily into England with 60 as some or 40 ships as others write furnished with Danish Souldiers and Mariners where he was received with great joy elected King both by the English and Danes and solemnly crowned ar London by Elnothus Archbishop of Canterbury Soon after he commanded Alfric Archbishop of Yorke Earl Godwin and others to digg up the interred corps of his brother King Harold out of his grave in London and his head to be cut off by the hangman and then both head and corps to be thrown into the Common sink and after that into the Thames And that partly in revenge of the injuries done by him to his Mother Queen Emma in banishing and spoiling her of her money and jewels against all right and justice and partly for his unjust invasion of the Crown of England but in truth as a just retaliation of his barbaâ—ous cruelty to Prince Alfred and his Normans For whose treacherous inhumane slaughter King Harde-Cnute deprived Alfred Bishop of Worcester of his Bishoprick whose hands were said to have been in Alfreds bloud And for which murder he likewise looked with an evil eye upon Earl Godwin compelling him to an Oath of Purgation touching the same Whereupon Godwin by his own Oath and the Oaths os most of the Nobles of the Realm his compurgators swore though most falsly That Prince Alfreds eyes were not put out nor he murdered as aforesaid by his Counsel or consent but what was done therein was only by the command of King Harold which he durst not resist Notwithstanding which Oath to purchase his peace with Harde-Cnute he presented him with a most rich and royal present to wit with a Ship whose stern was of gold with 80 Souldiers placed therein all uniformly and richly suited having on their heads gilt Burgonets on their armes bracelets of Gold on their bodies Habergeons Swords Battel-axes Targets and other arms after the Danish fashion all
milericâ—rdiâ—m non defuturam constantissime pollicâ—baâ—uâ— From these passages whether reall as manâ— as fictitions as some repute them I shall onely observe these reall Truths 1. That in King Eâ—hâ—lreds reign great Parliamentary Councils were usually assembled to consult of the weighty affairs state if not succession of the Realm of England 2. That godly men in all ages have been deeply affected with the misery exile disinheriting and extirpation of the Royal Issue and Posterity by invading forreign usurpers and with the oppressions of their native countrey under their usu ped power and have poured forth frequent and fervent prayers unto God in secret for their restitution and relief 3. That the Nobility Clergy and people of England have ever had a propense naturall inclination and affection to the true royall Blood and Posterity of the Nation though forcibly constrained to aâ—jure and renounce them for a season by prevailing Intruders electing them for their Kings and preferring them before all others upon the very next opportunity to vindicate their rights and liberties and rejecting the usurpers and their race 4 That though the Kings of England were usually reputed hereditary yet in truth they were for the most part actually elected by the Prelates and Nobles in parliamentary Councils and appointed by the generality of the Clergy and people and had oaths of allegiance given to them by their subjects 5. That God doth many times beyond all probability and expectation restore disinherited Princes to their Crowns of which they have been forcibly deprived after many years dispossession and without any wars or effusion of blood even by the Nobles and peoples own voluntary choice and act without their seeking as he did here restore Prince Edward after 25 years interruption and Aurelius Ambrosius long before to the British Crown to omit all others 6. That Crowns invaded ravished by force of armes and bloodshed are seldome long or peaceably enjoyed by the usurpers themselves or their posterity that of Curtius being an experimentall truth Non est diuturna possessio in quam gladio inducimur All which we find experimentally verified in this History of King Edward his election and restitution to the Crown of England worthy our special observation King Edw. coming to the Crown was not onely very charitable to the poor humble mercifull and just towards all men but also PLURES LEGES BONAS IN ANGLIA STATUIT quae pro majore parte adhuc in regno tenerentur Whereupon about the year 1043. as the Chronecle of Brompton William Caxton in his Chronicle and Mr. Selden inform us Earl Godwin a sugitive in Denmark for the murther of prince Alfred hearing of his piety and mercy resolved to return into England humbly to implore his mercy and grace that he might have his lands again that were confiscated having provided all things for his voyage he put to sea and arrived in England and then posted to London UBI REX ET OMNES MAGNATES AD PARLIAMENTUM TUM FUERUNT Where the King and all the Nobles were then at a parliament here he beseeched intreated his friends kindred who were the greatest Lords of the land after the King that they would study to procure to him the Kings Grace and friendship who having thereupon taken deliberate counsel among themselves led him with them before the King to seek his Grace But so soon as the King saw him he presently appealed him of TREASON of the death of Alfred his brother and using these words unto him said THOU TRAITOUR GODVVIN I THEE APPEAL FOR THE DEATH OF ALFRED MY BROTHER WHOM THOU HAST TRAITEROUSLY SLAIN To whom Godwin excusing himself answered My Lord and King saving your Reverenes and Grace Peace Lordship I never betrayed nor yet slew your Brother unde super hoc pono me IN CONSIDERATIONE CURIAE VESTRAE whence I put my self upon the consideration and judgement of your Court concerning this matter Then said the King KARISSIMI DOMINI COMITES ET BARONES TERRAE c. Most dear Lords Earls and Barons of the land who are my Liege men now here assembled you have heard both my appeale and Godwins answer Volo quod inter Nos in ista appeslatione RECTUM JUDICIUM DECERNATIS ET DEBITAM JUSTITIAM FACIATIS I will that between us in this appeale you award right Iudgement and do due Iustice COMITIBUS VERO ET BARONIBUS SUPER HOC AD INVICEM TRACTANTIBUS Hereupon the Earls and Barons debating upon this businesse among themselves some among them were different in their opinions from others in doing just judgement herein For some said that Godwin was never obliged to the King so Bromton to Alfred writes Caxâ—on by homage service or fealty and therefore HE WAS NOT HIS TRAITOUR and that he had not slain Alfred with his own hands But others said Quod Comes nec Baro nec aliquis Regi subditus BELLUM CONTRA REOEM IN APPELLATIONE SUA DE LEGE POTEST VADIARE That neither the Earl nor any Baron nor any Subject to the King could by the Law wage Battel against the King in his Appeal but ought wholy to put himself in his mercy and to offer him competent amends Then Leofric Earl of Chester or Coventry as Caxton a good man towards God and the world spake and said The Earl Godwin after the King is a man of the best parentage of all England and he cannot deny but that BY HIS COUNCEL Alfred the Kings Brother was slain wherefore I award as touching my part that himself and his son and every of us DUODECIM COMITES the twelve Earls who are his friends and kinsmen should go humbly before the King laden with as much gold and silver as every of us can carry between his arms offering that to him for his trespasse and submissively deprecating that he would pardon all his rancour and ill-will to the Earle and receiving his homage and fealty 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 QUI CQUID JUDICAVERANT PER OMNIA RATIFâ—CAVIT 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
ad lumina subliminum Apostolorum Petri Pauli ibi gratias agere pro collatis beneficiis exorare ut eam pacem firmaret Deus perpetuam mihi posteris meis Praeparevi ergo denumeravi expensas necessarias itineri honorabilia dona quae ferrem sanctis Apostolis SED GRAVIUS SUPER RE MAEROR HABEBAT OPTIMATES MEOS utpote memores maloruÌ„ quae sub aliis regibus pertulerant NE TANTO DOMINO ET PRO PATRIAE REGE ABSENTE REGNUÌ„ NOVITER SEDATUM ALIQUA TURBARETUR HOSTILITATE metuentes id quod sanctus Ezechias ne si forte in via aut aegritudine aut alio incommodo deficerem HAEREDITARIIS RRGIBUS CARERENT maxime quia nullum habebam filium Itaque COMMUNI HABITO CONCILIO ROGABANT ME UT AB INTENTIONE DESISTEREM pollicentes se satisfacturâ—s Deo pro voto meo tam in missarum orationuÌ„ oblatione quaÌ„ in larga eleemosynaruÌ„ distributione Sed cum obnixè contradicerem TANDEN UTRISQUE PLACUIT UT MITTERENTUR LEGATI DUO AB UTRAque PATRE Eldredus Heremanâ—us Episcopi Abbates Wulfricus Eswynus qui Apostolo meaÌ„ voluntateÌ„ votum ILLORUM PETITIONEM indicarent secundum ejus sententiam quam mihi mandaret promisi me omnia facturum Factum est ergo quod volumus venientes Romam Legati nostri ex voluntate Dei invenerunt COLLECTAM SYNODUM in eadem urbe cumque exposuissent meam voluntasem suam petitionem coram ducentis quinquaginta Episcopis alia multitudine sanctorum Patrum tunc Apostolicus EX CONSILIO SANCTAE SYNODI hanc Epistolam scripsit Leo c. Haec alia Apostolica mandata cum referrent nobis Legati interea revelavit beatus Petrus c voluntatem suam esse ut restituerem locum qui dcitur Westmonasterium c. Cumque mihi hanc visionem meisque retulisset Apostolicae literae aequalia praecepta detulâ—ssent contuli voluntatem meam cum voluntate Dei TOTIUS REGNI ELECTIONE dedi me ad restructioneÌ„ ejusdem loci Itaque DECIMARI praecepi omnem substantiam meam tam in auro argento quà m in pecudibus omni genere possessionum destruens veterem novam à fundamento basilicam construxi From which passages and charters which I have coupled all together for their coherence in matter though differing somewhat in time I shall observe 1. That parliamentary great Councils in that age were summoned by the King upon all extraordinary occasions 2. That the Prelates Nobles and Barons of the Realm were the onely members of the great parliamentary Councils summoned onely by the Kings writs without any Knights or Burgesses that we read of elected by the people 3. That the Kings of Engl. in that age could not depart out of the Realm no not to pay their solemn vows to God nor appoint Vice-royes Guardians Officers Judges Commanders to govern or defend the Realm in their absence without the advice and consent of their Nobles in parliamentary Councils nor yet endow Monasteries with any Crown-lands or Royal priviledges by their charters unless by consent and confirmation of their Nobles and themselves in Parliament 4. That the Nobles and grand Councils of Engl. had then a negative voyce not onely to conclude against the King in his resolutions and intentions but even in his sacred and religious vows when prejudicial dangerous mischievous to the Realm the publick peace safety 5. That Kings ought to submit to the just petitions advice desires of their Nobles Councils and people in all things which concern their safety tranquilâ—ity though contrary not only to their private resolutions but vows 6. That the Nobles and Subjects of that age were very zealous both of the safety of their Kings persons the kingdoms peace and security and the hereditary succession of the Crown 7. That the Kings absence out of the Realm or death without any hereditary issue or heir is exceeding perillous and mischievous to the Realm yea the cause of many seditions tumults perturbations and ruins 8. That the sacred vows of Kings prejudicial to the Realm may and ought to be violated and dispensed with and that by the resolution of two Popes three Roman Synods and two parliamentary Councils 9. That God doth many times not onely preserve the right heirs to the Crown from the hands of bloody Tyrants and Usurpers who seek their life but likewise miraculously and unexpectedly restore them to the Crown again without war or bloodshed after many years seclusion from it by intruding armed usurpers as he did K. Edw. here after 25 years invasion of his right Aurelius Ambrosius after 21 years long before 10. That right heirs to the Crown when so miraculously restored and reinthroned in their Kingdomes ought to be extraordinarily affected with and thankful bountiful and devout to God for it and their subjects likewise both in words and deeds as King Edward his Nobles and Subjects were King Henry the Emperour An. 1049. when the forementioned parliamentary Council was held about the Kings pilgrimage and Embassy to Rome warring upon Baldwin Earl of Flanders for burning his palace sent to King Edward intreating him not to suffer Baldwin to escape in case he should flie to sea Whereupon the King went with a great fleet to Sandwich which he there continued so long till the Emperour received from Baldwin whatever he desired Henry Huntindon and the Chronicle of Bromton relate that two Princes of the Danes Lothin and Hirling the yeare before having there taken an inestimable booty and great store of gold and silver they sailed by sea about the coast of Essex pillaged it and sailing thence into Flanders there sold their prizes and returned from whence they came Which probably occasioned the kings drawing his fleet this year unto Sandwich for defence of the coast as well as the Emperours Embassy Whiles the Kings fleet lay at Sandwich Swane Earl Godwins son who formerly fled into Denmark because he could not marry Abbesse Elgina whom he had defloured teturning into England with eight ships gave out in speeches that he would from henceforth faithfully remain with the King Whereupon Earl Beorn promised him to procure from the King that his Earldome should be restored to him The Emperour and Earl Baldwin being agreed Earl Godwin and Beorne by the Kings license sailed to Pemeuse with 42 ships the rest of the Navy the King discharged and sent home retaining onely a few ships with him But being soon after informed that Osgad Clapa whom he had banished lay in Vlve with 29. ships he recalled as many of the dismissed ships as he could to encounter him Osgad having received his wife sailed with 6 of his ships into Denmark the other 23 ships sailed towards Essex having taken a great booty about the promontory of Edelfe they were all cast away in a great storm but two w ch were taken in the parts beyond the sea all
Host to avenge the wrong done to Eustace and to punish the insolency of the men of Dover which the King exceedingly aggravated But Godwin a man of sharp wit and wel understanding that sentence ought not to be pronounced upon the hearing of the allegations of one part only without hearing the other refused to march with his Army against the Burgesses of Dover although the King commanded him both because he envied that all Aliens should find such extraordinary favour with the King and because he would shew friendship to his own Countreymen Whereupon he answered It were reasonable and just that before any execution done the the Wardeins of Dover Castle should be summoned into that Kings Court in a fair manner to answer this tumult and if they could excuse themselves that then they should be dismissed without harms or if not that then they should satisfy the King whose peace they had broken and the Earl whom they had offended with money or the forfeiture of their bodies and goods Iniquum videri ut quos tutari debeas eos ipse potissimum inauditos adjudices And so Godwin depaâ—ted at that time little regarding the Kings fury as being but momentany Quocirca Totius regni Proceres fussi Glocestriam conventre uf ibi magno conventu res ventilaretur Therefore all the Lords of the land were commanded to assemble together at Glocester that this matter might be there debated in a great Parliamentary assembly Thither came the most famous Earle Syward of Northumberland and Leofric Earle of Mercia Omnibus Anglorum Nobiles and all the English Nobility at that time only Godwin and his Sonnes who knew themselves suspected thought it not safe for them to come thither without an armed Guard whereupon they encamped at Breverstone with a great host and there stayed giving out a report among the people that they had therefore gathered an Army together out of Kent Surry Yorkshire Oxfordshire Glocestershire Somersetshire Herfordshire Essex Notinghamshire and other parts that they might curbe the Welshmen who meditating Tyranny and Rebellion against the King had fortified a Town in Herefordshire where Swane one of the Earl Godwins Sonnes then pretended to keep watch and ward against them The King hearing that Godwin and his Sonnes had raised a great Army of men out of all these Counties upon this false pretext presently sent Messengers to Syward Earle of Northumberland and Leofric Earle of Mercia to hasten to him being in great danger with all the forces they could raise Who repairing to him at the first with small forces so soon as they knew how the matter went sending their Officers through their Countries together with Earle Ralph in his Countrey speedily assembled a great Army to assist the King ready to encounter these enemies if there were a necessity In the mean time Godwin marching with his Army into Glocestershire sent messengers to the King as Matthew VVestminster and some others story commanding him to deliver up Earle Eustace with his companions the Normans Bonomans who then held the Castls of Dover to him else he should denounce war against him To whom the King being sufficiently furnished with military forces sent this answer That he would not deliver up Earl Eustace to him commanding moreover Ut qui erercitum contra ipsum collegerat sine ejus licentia pacem regni perturbaverat veniret ad eum die statuta super hac injuria sibi resonsurus juri pariturus Godwin and his Sonnes being accused of A CONSPIRACY against the King and made odious to the whole Court by the VVelshmen and Normans so that a rumor was spread abroad that the Kings Army would assault them in the same place where they quartered and were unanimously resolved and ready to fight with Godwins Army being much incensed against him if the King would have permitted them Quo accepto Godwinus ad Conjuratos classicum cecinit Ut ultro Domino regi non resisterent sed si conuenti fuissent quin se ulciscerentur loco non cederent profecto facinus miserabile plus quam civile bellum fuisset nisi maturiora consilia interessent writes Malmsbury But because the best and greatest men of all England were engaged on the one side and other it seemed a great unadvisednesse to Earl Leofric and others that they should fight a battle and wage war with their own Countrymen and thereupon they advised That hostages being given on both sides the King and Godwin should meet at London on a certain day to plead together which Counsel being approved of and meslengers running to and fro between them hostages being given and received and some small agreement made between them at the present thereupon the Earle returned into VVest-Sax and the King increasing his Army both out of Mercia and Northumberland returned with them to London by agreement between both parties Iterumque praeceptum ut Londini Concilium coageretur and it was again commanded by the King that A COVNCEL or PARLIAMENT as Trevisa Speed and others render it should be assembled at London Swane the Son of Godwin was commanded to mitigate the Kings anger by his flight Godwin and Harold were ordered to come to this Councel with twelve men only in their company and that they should resigne up to the King the services of all the Knights and Souldiers which they had thoroughout England But Godwin and his Sonnes as they durst not wage war against the King so ad Curiam ejus venire Juriparituri negabant They would not come to his Court to put themselves upon a legal tryall alleadging That they would not goe to a Conventicle of factious persons without pledges and hostages that they would obey their Lord in the surrender of all their Knights services and in all things else without the perill of their honour and safety That if they came thither unarmed they might fear the losse of life if with a few followers it would be a reproach to their honour But the King being so resolute in his minde that he would not recede from what he had resolved by their intreaties upon their refusal to come unto his Court to justify themselves Her in suo Concilio communi Curiae suae judicio by the common judgement of his Court in this Parliamentary Councel Et omnis exercitus unanimi consensu and by the unanimous consent of his whole Army as Flo-rence of VVorcester and his followers subjoyne banished Godwin himself and his five Sons out of England whereupon prolatum Edictum est A Decree Proolamation was then published that within five dayes they should depart out of England Godwin perceving that his souldiers deserted him some some for fear of the Kings Army and displeasure thereupon he and his wife Giva and his three sonnes Swane Gurth and Tosti with his wife Iudith daughter to the Earle of Flanders departed presently out of England by the Isle of Thanet into Flanders to Earle Baldwin
Invasion injury violence disturbance and specially enact That not only all Clerks and Clergy men but all other persons shall enjoy the peace of God and the Church free from all assaults arrests and other disturbances whatsoever both on Lords-days Solemn Festivals and other times of publike Church meetings eundo subsistendo redeundo both in going to continuing at and returning from the Church and publike duties of Gods worship or to Synods and Chapters to which they are either summoned or where they have any business requiring their personal presence wherewith the Statute of 8 H. 6. c. 1. concurs as to the later clause Therefore all Quakers Anabaptists and others who disturb affront and revile assault or abuse our Ministers or their people as many now doe in going to or returning from the Church or whiles they continue in it as well before or after as during Divine Service Sermons or Sacraments there administred may and ought by the Common Law oâ— England confirmed both by Confessor and Conquerour in their Parliamentary Councils to be duly punished as Breakers of the Peace by all our Kings Justices and Ministers of publike Iustice being ratified by Magna Charta c. 1. and the Coronation Oaths of all our Kings which all our Judges and Justices are bound to observe To keep to God and holy Church to the Clergy and to the People Peace and Concord entirely according to their power especially during the publike worship of God in the Church and in going to tarrying at and returning from the duties which they owe unto him both as his Creatures and Servants And to grant keep and confirm the Laws Customs and Franchises granted by the glorious King Edward 3. That they prescribe the due payment of Tithes to God and his Ministers as well personal as praedial under Ecclesiastical and temporal penalties being granted and consented unto a Rege et Baronibus et Populo 4. That the Causes and pleas of the Church ought first to be heard ended in Courts and Councils before any other Iustitia enim est ut Deus ubique prae cateris honoretur 5. That they thus define Danegild Danegaldi redditio propter Piratas primitus Statuta est Patriam enim infestantes vastationi ejus pro posse suo insistebant Ad eorum quidem insolentiam reprimendam Statutum est Danegaldum annuatim reddi scilicet duodecim denarios de unaquaque Nida totius Patriae ad conducendos eos qui Piratarum eruptioni Resistendo obviarent To which Hoveden Knyghton Lambard and others subjoyn De hoc quoque Danegaldo omnis ecclesia libera est quieta omnis texra quae in proprio dominico Ecclesiae erat ubicunque jacebat nihil prorsus in tali redemptione persolvens quia magis in Ecclesiae confidebant orationibus quam in armorum defensionibus usque tempora Willielmi junioris qui Ruffus vocabatur donec eodem a Baronibus Angliae auxilium requirente ad Normanniam requirendam retinendam de Roberto suo fratre cognomine Cortehose Ierusalem proficiscente Concessum est ei nonLege sancitum neque confirmatum sed hac necessitatis causa ex unaquaque hida sibi dari quatuor solidos Ecclesia non excepta Dum vero collectio census fieret proclamabat Ecclesia suam reposcens libertatem sed nil profecit By which it is apparent 1. That this grievous Tax of Danegeld was first granted and appointed by a publike Law in a Parliamentary Council to hire men to resist the eruption of the Pyrates and Enemies That it amounted but to 12 d. a year upon every Ploughland That the Church and Demesne Lands of the Church where ever they lay were exempted from it till William Rufus his time who first exacted it from the Clergy upon a pretended necessity and raised it from 12 d. to 4 s. a Ploughland by grant of the Barons without any Law to enact or confirm it for fear of drawing it into consequence 6ly That these Laws thus describe the Duty and Office of a King The King because he is the Vicar of the highest King is constituted for this end that he may rule the earthly kingdom and the Lords people and above all things that he may reverence his holy Church and defend it from injuries pluck away evil doers from it and utterly to destroy and disperse them Which unless he shall doe the name of a King agreeth not unto him the Prophet Pope John witnessing Nomen Regis perdit qui quod Regis est non faciat he loseth the name of a King who dischargeth not the duty of a King Pepin and Charls his Son being not yet Kings but Princes under the French King hearing this definitive Sentence as well truly as prudently pronouneed concerning the name of a King by William the bastard King of England foolishly writ to Pope John demanding this question of him Whether the Kings of France ought so to continue being content only with the name of a King Who answered That it is convenient to call them Kings who do watch over defend and govern the Church of God and his people imitating King David the Psalmograph saying He shall not dwell in my House which worketh pride c. After which it followeth in Mr. Fox and some others but not in Hoveden and Knyghton Moreover the King by his right and by his Office ought to defend and conserve fully and wholly in all ampleness without diminution all the Lands Honours Dignities Rights and Liberties of the Crown of his Kingdom And further to reduce into their pristine state all such things as have been dispersed wasted and lost which appertain to his kingdom Also the whole and universal Land with all I lands about the same in Norwey and Denmark be appertaining to the Crown of his kingdom and be of the appurtenances and dignity of the King making one Monarchy and one Kingdom which sometimes was called the Kingdom of Britain and now the Kingdom of England such bounds and limits as is above said be appointed and limited to the name of this kingdom A King above all things ought to fear God to love and observe his commandements and cause them to be observed through his whole kingdom He ought also to keep cherish maintain and govern the holy Church within his kingdom with all integrity and Liberty according to the constitution of his ancestors and predecessors and to defend the same against all Enemies so that God above all things be honoured and ever before his eyes He ought also to set up Good Laws and Customs such as be wholesom and approved Such as be otherwise to repeal them and thrust them out of his kingdom Item he ought to doe Judgement and Justice in his kingdom by the counsel of his Realm All these things ought a King in his own person to do taking his Oath upon the Evangelist swearing in the presence of the whole State of the Realm
occidendum non rati slew and cut off the heads of all his Servants and Courtiers as well English as Danes being above 200. on the North part of the river of Humber then breaking up his Treasury they took away all his Treasures Horses Armes houshold-stuff and all things that were his The rumor whereof being brought to the King and the Country in an uproar almost all the Nortkumberlanders met together and elected constituted Morchar Earl Algarus son for their Earl in the place of Tosti who marched with them into Lincolnshire Nottinghamshire and Derbyshire wasted and pillaged those Counties slew many of the Inhabitants and carryed many thousands of them away captive leaving those Counties much impoverished many years after Hereupon Harold was sent against them to revenge those injuries to prevent further mischiefs and to mediate a reconciliation between them and Tosti Upon this the Northumberlanders met Harold first at Northampton and afterwards at Oxford and although they were more in number than he yet being desirous of quietness and peace they excused the fact unto him saying Se homines liberè natos liberè educatos nullius Ducis ferociam pati posse A majoribus didicisse aut Libertatem aut Mortem c. That they being men freely born freely educated could not suffer the cruelty of any Duke That they had learned of their ancestors either to enjoy Liberty or death Therefore if the King would have them his Subjects he must set another Earl over them even Morehar who had had experience how sweetly they knew to obey if they were sweetly handled But all of them unanimously refused any reconciliation at all with Tosti whom they Dutlawed together with all those who had incited him to make an unjust Law and impose an illegal Tribute upon them Harold hearing these things and minding more the Peace of the Country than his brothers profit recalled his Army and the King having heard their answer confirmed Morchar for their Duke Tosti hateful to all men by the assistance of Earl Edwin was expelled out of England by the Northumberlanders and driven with his wife and children into Flanders whence returning about two years after and joyning with the Danes he entred with the Danes into Northumberland miserably harrowed the whole Country slaughtered the inhabitants and at last was there slain with most of his Souldiers by his own brother King Harold Anno 1066. King Edward as Abbot Ingulphus living in that age records Anno 1065. being burdened with old age perceiving Prince Edgar Atheling his Cosen Edwards son lately dead to be unfit for the royal throne tamcorde quam corpore as well in respect of minde as body and that Earl Godwins many and wicked progeny did daily increase upon the earth set his mind upon his Cosen William Duke of Normandy et enm sibi succedere in Regnum Angliae voce stabili sancivit and decreed by a stable vote that he should succeed him in the Realm of England For Duke William was then superiour in every battel and a triumpher against the King of France and his fame was publickly blazed abroad amongst all the Earls of Normandy who were next him being invincible in the exercise of Arms Iuder justissimus in causarum judicie a most just Judge in the judging of causes and most religious and most devout in the service of God Hereupon King Edward sent Robert Archbishop of Canterbury to him as his Legate a Latere or special Embassador illumque designatum sui regni Successorem tam debito cognationis quam merito virtutis suae Archipraesulis relatu insinuavit and intimated unto him by the relation of his Archbishop that he had designed him to be the Successor of his Realm as well by the debt of kinred as by the merit of Virtue Moreover Harold the Major of the Kings Court comming into Normandy not only swore that he would conserve the Kingdom of England for Duke William after the Kings death but likewise promised upon Oath that he would take the daughter of Duke William for his wife and upon these promises returned home magnificently rewarded After which he subjoins Edwardi piissimi Regis cujus cognatione et consanguinitate inclytus Rex noster Willelmus fundat conscientiam suam regnum Angliae invadendi caeteris Regibus de Danorum sanguine quasi nullius authoritatis ad allegandum interim intermissis William of Malmsbury who flourished in or near that very age thus seconds him After the death of Edward his son Edgar was Neque promptus manu neque probus ingenio Rex itaque defuncto cognate quia spes prioris erat soluta suffragii Willielmo comiti Normanniae successionem Angliae dedit Erat ille hoc munere dignus praestans animi juvenis qui in supremum fastigium alacri labere excreverat Praetereâ— proxime consanguineus filius Roberti filius Richardi secundi quem fratrem fuisse Emmae matris Edwardi non sâ—mel est quod diximus Ferunt quidam ipsum Haroldum a Rege in hâ—c Normanniam missum alii secretioris consilii conscii invitum venti violentia illuc actum quose tueretur invenisse commentum quod quia propius vero videtur exponam Harold comming to his farm at Boseam going for his recreation into a fisher-boat and putting forth into the Sea in sport was by asudden contrary storm arising driven with his companions into the Village of Ponthieu in France where he was stripped and bound hand and foot by the rude Country people and carried Prisoner to Guido their Earl who detained him in Prison to gain a ransom from him whereupon Harold being of a subtil wit studying how to relieve himself by large promises procured a Messenger to inform Duke William that he was sent by the King into Normandy that what lesser Messengers had but muttered touching his Succession to the Crowâ— of England he might perform by his presence especially that he was detained in bonds by Earl Guido wherby he was hindered to deliver his message notwithstanding his appeal to him which was a great diminution to his honor and if his captivity were to be redeemed with monie he would willingly give it to him and not to Guido Upon which he was by Duke Williams command released brought by Guido into Normandy and there nobly feasted by the Duke where by his valour and policy he gained great reputation with Duke William and that he might more indear himself in his favour he there voluntarily of his own accord confirmed to him the Castle of Dover which belonged to him of right and the Kingdom of England after King Edwards decease whereupon the Duke espoused him to his daughter Adeliza then a child and bestowed her whole ample portion upon Harold and then honourably dismissed him Matthew Westminster Anno 1057. relating this Story of Harolds driving into Ponthieu by storm against his will as hapning in that year and that to ingratiaâ—e himself with Duke William Post mortem
The Third Part of a Seasonable Legal and Historical VINDICATION Of the good old Fundamental Liberties Franchises Rights Properties Laws Government of all ENGLISH FREEMEN With a Chronological Collection of their strenuous Defences by wars and otherwise of all Great Parliamentary Councills Synods and chief Laws Charters Proceedings in them of the publike revolutions of State with the sins and vices occasioning them and the exemplary Judgements of God upon Tyrants Oppressors perjured perfidious Traitors Rebels Regicides Usurpers during the reigns of our Saxon and Danish Kings from the year of our Lord 600. till the Coronation of William the Norman Anno 1066. Collected out of our antientest and best Historians With brief usefull observations on and from them By William Prynne Esq a Bencher of Lincolns Inne Jer. 22. 15. c. Shalt thou reign because thou closest thy self in Cedar did not thy Father eat and drink and do judgement and justice and then it was well with him But thine eyes and thine heart are not but for thy Covetousness and for to shed innocent blood and for oppression and for violence to do it Therefore thus saith the Lord concerning Jâ—hoiakim King of Judah They shall not lament for him saying ah my Brother or ah his glory He shall be buried with the burial of an Asse drawn and cast forth beyond the gates of Jerusalem Write ye this man childless for noman of his seed shall prosper sitting on the Throne of David and ruling any more in Judah Xenophon Memorabilium l. 1. p. 718. Quid autem vis Legum eversio An non cum fortior imbecilliorem non persuadendo sed vim inferendo cogit Ergo quaecunque Tyrannus non persuasis civibus praescribit atque ut illi faciant cogit aliena sunt a lege Quaecunque verò pauci multitudine non persuasa sed rerum potentes scribunt illa omnia videntur Vis potius esse quam Lex LONDON Printed by Francis Leach 1657. To the Ingenuous Unprejudiced READER I Here present thee with The Third part of a seasonable Legal and Historical Vindication of the good old Fundamental Liberties Franchises Rights Properties Laws Government of all English Freemen with A Chronological Collection of their Strenuous Defences by Wars and otherwise of all the Great Parliamentary Councils Synods chief Laws Charters and other Proceedings in them the great fatal Publick Revolutions Invasions Wars National Sinnes occasioning them and the exemplary Judgements of God upon Tyrants Oppressors Perjured persons Rebells Traytors Regicides Usurpers under our Saxon and Danish Kings since the year of Christ 600. till the Coronation of King William the Norman anno 1066. with some Short Observations of mine own here and there subjoined for the Readers benefit and instruction A work neither unseasonable for nor unsutable unserviceable to our present times worthy the serious perusal of all who profess themselvs trons of the Publique Fundamental Rights Liber-Paties Laws Properties Government of the English Nation or studious of our old Parliamentary Councils Acts Laws Charters Proceedings or of our English History From which intelligent wise Christian Readers by observing the Providences Judgements Proceedings of God towards our ancestors and others for their national personal crying bloody sins in former ages may probably conjecture what Tragical Judgements Events our whole Nation in general many transcendent Delinquents in particular have now just cause to fear and expect for their exorbitant iniquities equalling or exceeding any in those former ages unless their speedy real sincere repentance reformation and Gods infinite mercy ward them off True it is that the infallible certainty of future contingent judgements and events national or personal are known only to God himself who changeth the times seasons removeth Kings and setteth up Kings pulleth down one and setteth up another roots up pulls down destroyes builds plants Nations Kingdomes Cities Families Persons at his pleasure doing whatsoever pleaseth him both in heaven earth the Sea all deep places and amongst all the Inhabitants of the earth and none can stay his hands nor say unto him What dost thou Yet notwithstanding wise intelligent Christians by a serious trutination and comparing of the Judgements of God expresly threatned against and usually inflicted upon Nations or Persons for such and such transgressions in precedent generations may probably conjecture predict what severe exemplary punishments our late present transcendent wickednesses outragious crimes are like to draw down upon our impenitent secure perjured sinfull Nation and the hairy scalps of all those Grand Offenders who go on still in their exorbitant trespasses though they deem themselves advanced above the reach of any Powers or Tribunalls which may pull them down and execute justice on them answerable to their bloody crimes and violences there being an higher than the highest who is both able and resolved to execute vengeance on them in his due season as well as on all Notorious grand Offenders in former ages though never so many if their repentance prevent it not It was Davids profession to God though a victorious King General and Man of War My flesh trembleth for fear of thee and I am afraid of thy judgements O that this were the present temper of our secure Nation and all the sinners warriours and Grandees in it in this fearless stupid age wherein though we commit wickedness with both hands our tongues doings are against the Lord to provoke the eyes of his glory and we all proclaim our sins like Sodome and hide them not yet Gods judgements are far above out of our sight and we all say in our hearts like those secure Atheists mentioned in the Psalmist we shall never be moved we shall never be in adversity God hath forgotten he hideth his face he will never see nor require it Yea notwithstanding all Gods threats curses against his late severe punishments of our National personal sins We blesse our selves and say in our hearts we shall have peace though we walk in the imaginations of own hearts to add drunkennesse to thirst quite forgetting what follows thereupon The Lord will not spare such men but the anger of the Lord and his jealously shall smoke against them and all the curses that are written in his book shall lie upon them the Lord shall blot out their names from lunder heaven Let therefore the contemplation of the National Personal judgements of God upon our Ancestors here recorded for those crimes of w ch we are now as deeply guilty as they were then awaken us from our present Let hargy lest we be sodainly destroyed and that without remedy and teach us all this Gospel lesson Rom. 11. 20 21. Be not high minded but fear for if God spared not the naturall branches heretofore or of late take heed lest he also spare not thee Rumor de Vâ—teri faciet futura timeri The fourth Section of the third chapter which begins this third part should have been printed
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 Cumbert Archbishop of Canterbury eleven other Bishops cum Principibus et Dutibus 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 machinamentis simulationis sine ullâ consideratione rationis periculose dissipata essent nisi auctoritate Literarum testimonio Cyrographorum aeternae memoriae inserta sint Quapropter Ego Ethelbaldus Rex Merciorum pro amore caelestis patriae hanc donation em me vivente concedo Ut omnia Monasteria Ecclesiae Regni mei A publicis vectigalibus ab omnibus operibus oneribusque absolvantur nisi in instructionibus Arcium vel Pontium quae nulli unquam possint laxari as Ingulph renders it or as other Copies ' nisi sola quae communiter fruenda sint omnique populo edicto Regis facienda jubentur id est instructionibus Pontium vel necessariis defensionibus Arcium contra â—ostes non sunt renuendaâ— Sed nec hoc praetermittendum est cum necessarium constat Ecclesiis Dei. Praeterea habeant famuli Dei propriam Libertatem in proficuis Sylvarum in fructu Agrorum in captura piscium nec munuscula praebeant Regi vel Principibus nisi voluntaria sed liberi Domino serviant in contemplatione pacificâ per totum regnum meum usque in aevum Sed cunctas rribulationes quae nocere vel impedire possint in Domo Dei omnibus Principibus sub meâ potestate degentibus demittere auferre praecipio Quatenus sublimitas Regni mei prosperis successibus polleat in terris meritorum manipuli multipliciter maturescant in coelis Qui vero haec benigna mentis intentione atque in-laesâ cogitatione custodierit aeternâ claritate coronetur ornetur glorificetur Si quis hoc quod absit cujuslibet personae tyrannica cupiditate instinctus contrà hanc donationis chartulam saeculari potentiâ fretus venire nititur sit sub Anathemate Judae Proditoris Domini nostri Jesu Christi Ad confirmandum verò hoc nostrae beneficentiae munus Hi Testes adfuerunt Nostri Magistrarus Optimates et Duces fidelissimique amici concesserunt et scripserunt Then follow the subscriptions of the King Bishops and Nobles with Ego his statutis consentiens subscripsi confirmandoque signum crucis aravi In this Council amongst other Synodal Decrees subscribed by the Bishops It was decreed That the Feasts of St. Gregory the Pope and St. Augustine the English Apostle should be perpetually observed with greatest solemnity King Ethelbald with his Nobles being there present and approving it In the year of Grace 752. Cuthred king of the West-Saxons being unable to endure the proud Exactions and insolencies of king Ethelbald for vindicaâ—ion of his own and his peoples Liberty from his oppressions raised an Army and fought a bloody Battel with him at Beorford where through Gods assistance who giveth grace to the Humble and resisteth the Proud he routed him and his whole Army and after An. 755. slew him in a second battel he disdaining to fly by the Treachery of Bernred his Captain the chief Author of his death King Cuthred deceasing Sigibert his kinsman who succeeded him growing insolent and proud by his Predecessors great successes became intollerable to his Subjects treating them very ill in every kind Depraving or altering the Laws of his Ancestors for his own private Lucre and exercising exactions and cruelties upon his Subjects setting aside all Laws Whereupon his faithfull Counsellor Earl Cumbra ovingly admonishing him to govern his people more mildly and justly that so he might become amiable to God and men he was so incensed with him that he commanded him most wickedly to be stain and became more cruel and Tyrannical to his people than before The Peers and Commons hereupon seeing their Laws and Liberties thus violated and their Estates and Lives every day in danger being incensed into fury assembling themselves together did all unamimously rise up in Arms against him and upon mature prudent deliberation by the unanimous consent of all expelled him the Kingdom for his Tyranny and mis-government Upon which Sigebert flying into the woods for shelter like a forlorn person was there slain by Cumbra his Swine-herd in revenge of his Masters murder Florentius Wigorniensis relates that after his expulsion from the Realm by the Nobleâ— for the multitude of his unjust deeds Kenulphus allotted him the County of Hampshire for his maintenance until he slew Earl Cumbra such was the Charity and Humanity of those times even to an expelled deposed Tyrannical King now quite out of date with whom Ethelwerdus Hist l. 2. c. 17. and Polychronicon l. 5. c. 24. accord Some of our Historians especially Ethelwerdus and Wigorniensis relate that Kenulphus usurped the Crown by meer force of Arms first drawing the Nobles and People to rise up against and expell Sigebert for his exorbitant actions and the multiâ—ude of his unjust deeds and then usurping the Throne being not of the blood Royal as Malmesbury relates though of a Noble family But they all unanimously record that he came to a miserable end upon this occasion When he had reigned 31 years with honour and good success being puffed up therewith and fearing lest Kineardus Sigiberts Brother who began to be potent should revenge his Brothers death upon him and dispossess him or his posterity of the Crown he banished and compelled him to depart his Kingdom Who thereupon giving way to the time voluntarily fled out of his Dominions But soon after secretly drawing together through private Conventicles a band of desperate men he found an opportunity to fall upon Kenulphus when he went with a few followers to visit his Paramore at Merton where he besetting the House round slew the King with all his followers The
fame of which Act coming to his Nobles and Souldiers not far from the place They upon Exhortation of Esric the chiefest of them not to let pass the death of their Lord unrevenged to their notorious and perpetual infamy furiously encountred Keneardus and his Complices and notwithstanding all their fair promises of Mony preferments to them and all intreaties after a sharp bloody incounter put them all to the sword with the loss of some of their own lives Ecce quomodo Dei Iustitia non solum futuro saeculo verum etiam in isto digna meritis manifesto judicio recompensat c. Add Henry Huntindon Roger Hoveden John Bromton Malmesbury and others as a Corollary to this History of Sigibert and Kenulphus Which all Traitors Tyrants and Usurpers treading in their exorbitant footsteps may do well advisedly to consider In the year of our Lord 758. The people of the Realm of Mercia rising up against their King Bernred because he governed them not by just Laws but by Tyranny assembled all together in one as well Noble as Ignoble and Offa being their Captain they expelled him out of the Kingdom and then by the unanimous consent of all as well Clergy as people they crowned Offa King This Bernred as Malmesbury Speed and Simeon Dunelmensis write treacherously murthered King Ethelbald his Soveraign whose General he was and thereupon usurping his Throne and turning a Tyrant as most Usurpers do was in the very first year of his usurped reign expelled the Realm and soon after slain by Offa and so dignum finem insidiarum tulit being Author necis of his Sovereign King Ethelbald à suis 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 parvâ laeritiâ 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. Aethâ—â—red or Adelred king of Northumberland was deposed by his Subjects after he had reigned 3 years and quite driven out of his Realm by his Nobles who the next year after assaulted and burnt a certain Consull or Earl being their justice in his 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 Aethelwerdus Matthew Westminster Bromton Florentius Wigorniensis Simeon Dunelmensis Radulphus de Diceto Polychronicon Holinshed Speed and others Only I shall give you the sum of them about this age in the words of Simeon Dunelmensis and Richardus Hagulstaldensis Crudelis exinde Barbarorum manus innumeris navibus in Angliam transvecta omnia quaqua versum depopulans Northunhymbrorum autem provincias atrocius devastans omnes Ecclesias omnia Monasteria ferro incendio delevit adeo 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 it 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 Calchut 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 ill by another Council they were reunited of
Canterbuny after the decease of Offa. About the year 788. there being some difference amongst Historians in the year there was a great Council held at Ade and after that anoâ—her Council kept at Wincenhale or Pincanhale in Northumberland now called Finkely Sir Henry Spelman conceives that these Councils were principally summoned to prevent the incursions of the Dâ—nes 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 slew his Sovereign Alfwold king of Northumberland and was not long afterwards slain himself by the Danes who miserably wasted and destroyed that rebellious kingdom of Northumberland with fire and sword as a condigu 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 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 Suffragans with all the Primates and Nobles were present wherein he treated with them about founding the Monastery of St. Albane the first Martyr in the place where his Corps was found endowing 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 asâ—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 and Nobles he should confer to the Monastery of St. Albane what Possessions or Privileges he would which he should 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 setling 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 of 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 Romanae Ecclesiae omnium Episcoporum Comitum et Baronum totius imperii sui â—ssembled in a general Council of the Realm Subscriptionem signum crucis apposuit Causing all his Blshops Earls 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
which sums I never find paid by his Successors as he prescribed by his Will and Charter too because not confirmed by his great Parliamentary Councils of Prelates and Nobles as his forcited Charter and Peter-pence likewise granted by him were upon this occasion as some record that he being in Rome and seeing there outlawed men doing penance in bonds of Iron purchased of the Pope that Englishmen after that time should never out of their Country do penance in Bonds About the year of our Lord 867. Osbrith King of Northumberland as Bromton records residing at York as he returned from hunting went into the house of one of his Nobles called Bruern Bocard to eat who was then gone to the Sea-coasts to defend it the Ports against Theeves and Pirates as he was accustomed His Lady being extraordinarily beautifull entertained him very honorably at dinner The K. enamored with her beauty after dinner taking her by the hand leads her into her Chamber saying he would speak with her in private and there violently ravished her against her will which done he presently returned to York but the Lady abode at her house weeping and lamenting the deeds of the King whereby she lost her former colour and beauty Her Husband returning and finding her in this sad condition inquired the cause thereof wherewith she fully acquainting him he thereupon cheered her up with comfortable words saying that he would not love her the lesse for it since her weakness was unable to resist the Kings power and vowed by Gods assistance speedily to avenge himself her of the King for this indignity 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 Army 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 râ—fusing 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 slain April 11. Anno. 867. The City of York consumed 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 Wirce wood 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 persolverurt 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 bellico jure obtenta barbarorum 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 then 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 Onmesque ejusdem gentis Optimates and all the Nobles of that Nation assembled together Where the King Consilium habuit cum suis Comitibus comilitonibus omni populo sibi subjecto Quasitèr 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 perdons perplurimos viras muliâ—res 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 Churches Chapels Mannors Mansions Cottages Woods Lands Meadows therein specified to God and Saint Guthlae 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 Mercâ—orum omnibus provinciis populis earum universam Merciam inhabitantibus fidem Catholicam 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 mens per sacratissimam Chartam suam ab omni expeditione militari vos liberos reddiderit ab omni servitio saeculari penitus absolutosâ— dignissimâ tamen miseratione super oppressiones Christianae plebis Ecclesiarumque Monasteriorum destructicnes 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 quitunc primò insulam infestabam 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 Counties 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 necessity and danger the practice of late and present times Whereupon they granted and confirmed this forecited Charter in the very Armiâ— 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 Lineoln-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 â—nder the Command of 〈◊〉 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 wirh 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 meeâ— ruinous heap then marching on laying all the Country waste before them with fire and Sword sparing neither person age nor sex they cast down burnt destroyed and levelled to the Ground the goodly Monasteries of Bradney Peterborough Huntingaon Ely with sundry others murthering as well all the Monks as Nuns therein which their merciless Swords after they had first polluted them To avoid whose barbarous rape Ebba Abbess of Coldingham and her Nuns by her example and perswasion cut off their upper Lips and Noses to deform themselves to their lascivious eyes which bloody Spectable preserved their Chastity from their Lust but not their Monasterie or bodies from their Cruelty they burning them and their Nunnery to Ashes After which the same year Inguar and Hubba marched against St. Edmund who in the year 855. was chosen King of the East Saxons Ab omnibus Regionis illius magnatibus et populis by all the Nobles and People of that Realm being sprung from the antient Royal blood of the Saxons and compelled to take the Government on him much against his will being then but 13 years old and consecrated King by Bishop Humbert in the Royal Town called Bury The reason of their malice to this King as some of our Historians write was this that he was maliciously accused to have murthered their Father Lothbroc driven by a sudden storm in a small boat into England as he was hawking at Fowl by this Kings Faulkoner who having murthered himself out of meer malice was by judgement of the Knights and Lawyers banished the Realm and put alone into Lothbrocs Boat without Oare or Sails for murthering him and so sent to Sea being driven in it into Denmark to excuse himself he maliciouslie accused the King of this Murther to these his Sons Who thereupon invaded England with an Army to revenge their Fathers death And the Reason why they at this time so extraordinarily prevailed aud over-run the Land was The Civil Discords Wars and Emutations amongst the Saxon kings who either out of Malice or Ambition to advance their own Dominion or base unworthy fears would rather induce these common Enemies to over-run them than assist one another against them which William of Malmesburie thus expresseth Meminerit interea lector quod interim Reges Merciorum et Northanimbrorum captata occasione adventus Danorum quorum bellis Ethelredus insudabat a servitio West-Saxonum respirantes dominaâ—ionem suam penè asseruerant Ardebant ergo cunctae saevis popularibus provinciae unusquisque Regum inimicos magis in suis sedibus sustinere quam compatriotis Laborantibus opem porrigere curabat Ita dum maluit ivindicare quam praevenire injuriam socordiâ suâ exanguem reddiderunt Patriam Dani sine obstaculo succressere dum et provincialibus timor incresceret et proxima quaeque victoria per additamentum Captiâ—orum instrumentum sequentis fieret c. Northanimbri jamdudum civilibus dissentionibus fluctuantes adventante hoste correxerunt discordiam Itaque Osbirthum Regem quem expulerant in solium reformantes magnosque moliti paratus obviam procedunt sed facilè pulsi infra Urbem Eboracum se includunt quâ mox à victoribus succensâ cum laxos crines effusior flamma produceret tota depascens maenia ipsi quoque conflagrati patriam ossibus texêre suis Mercii non semel obtriti obsidatu miserias suas levaverunt At vero Ethelredus multis laboribus infractus obiit Orientalium Anglorum pagi cum urbibus et vicis à praedonibus possessi Rex eorum sanctus Edmundus ab eisdem interemptust Anno Dominicae Incarnationis 870. 12 Calendas Decembris temporaneae mortis compendio regnum emit aeternum The manner of King Edmunds Martyrdom Historians thus relate An. 870. Hinguar King of the Danes invading King Edmunds Realm with a great Power sent a Messenger to King Edmund to demand the half of his Treasure and Wealth and that he should hold his Realm under him threatning otherwise to waste his Kingdom and extirpate him and his People Sed nimis fraudulentèr Hinguar thesauros exigebat qui Clementissimi Regis caput potius quam pecunias sitiebat writes Matthew Westminster Whereupon Bishop Humbert advising him to fly from the Danes who approached with their forces towards him to save his life The King wished Would to God that I might preserve the lives of my Subjects for whom I desire to lay down my life for this is my chiefest wish that I may not survive my faithfull Subjects and most dear friends which this Cruel Pirate hath theevishly slain neither will I stain my glory by flâ—ght who never yet sustained the reproaches of Waâ—re The Heavenly King also is my Witness that no fear of the Barbarians shall separate me from the Love of Christ whether living or dead Then turning to the Messenger of Hinguar he said Thou art worthy to suffer the punishment of death being wet with the blood of my people But imitating the example of my Christ If it should so happen I am not afraid willingly to die for them Return therefore speedily to thy Master and carry my answers to him Although thou takest away my Treasures and riches which the Divine Clemency hath given me by thy power yet thou shalt never subject me to thy infidelity for it is an honest thing to defend perpetual liberty together with purity of
Religion foâ— which also if there be need we think it not unprofitable to die Therefore as thy proud cruelty hath begun after the servants slaughter cut thou the Kings throat because the King of Kings seeing these things will translate me into Heaven there to reign eternally The Messenger departing the King commanded his Souldiers to run to their Arms affirming that it was a worthy thing to fight both for their Faith and Country â—est they should prove deserters of their Realm and betrayers of the people And being incouraged by Bishop Humbert his Nobles and fellow Souldiers he marched against the Enemy and near Thedford fought a bloody battel with the Danes from morning to night the place being all dyed red with the blood of the slain At which grievous sight King Edmund was much grieved not only for the great slaughter of his own Souldiers fighting for their Country native liberty the faith of Jesus Christ so already Crouned with Martyrdome But likewise for the death of the Barbarous Infidels sent down to Hell in great numbers which he overmuch lamented After which battel retiring to Hegelsdun with his forces that were left he immutably resolved in his mind never to fight battel wâ—th the Enemies more saying only this that it was necessary that he alone should die for the People and not the whole Nation perish Soon after Hinguars Army being recruted by the access of Hubba to him with ten thousand men he marched to Hegelsdun and surrounded it that none might escape thence Whereupon King Edmund flying to the Church and casting down 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 uti volunt redimentes commercio Exactores vectigalium qui alibi Bacchantur fas nefasque juxta metientes ibi supplices citra â—ossa um sancti Eâ—mundi 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 x 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 marching 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 eschâ—ated to the Crown and those Lords whose predecestors foundeâ— and endowed them by the slaughter and chasing away of all the Monks Nuns burning of the Monasteries whose Lands thereupon were resumed and confiscated to the Kings Exchequer Et cum caetera Monasteria per Danorum ferocitatem funditus destructa Regali fisco fuerant ascripta denuo et assumpta omnibus Monachis eorum 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 dischardged 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 Beorred 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 other 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 Monastery 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 Beorredus Fisco suo assumserat Which King Beorred had then assumed in his Exchequor 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 patriis 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 Hereupon the Danes Anno 874. substituted in his place in the Realm of Mercia one Ceolwulfus a servant of King Beorreds an Eglishman by Nation sed Barbarus impietate but a Barbarian in impiety For he swore fealty and gave pledges to the Danes Quod tributa imposita eis fidelitèr persolveret that he would faithfully pay unto them the Tributes they imposed and that whensoever they would redemand the Kingdom committed to him He would resign it without any Resistance under pain of losing his Head Whereupon he as Ingulphus records going round about the Land paucos Rusticos relictos excoriavit Mercatores absorbuit Viduas Orphanos oppressit religiosos omnes tanquam conscios thesaurorum innumeris tormentis afflixit plucked off the Skins of the few Countrymen that were left swallowed up the Merchants oppressed the Widows and Orphans and afflicted all Religious Persons as conscious of hidden Treasures with innumerable torments whence amongst very many evils he did Impoposing a Ttibute of a thousand pounds upon Godric the venerable Abbot of Croyland and his miserable Freers he almost undid the Monastery of Croyland For no man after that by reason of the overmuch Poverty of the place would come to conversion Yea Abbot Godric being unable to sustain his professed Monks dispersed many of the Monks amongst their Parents and other Friends of the Monastery through all the Country very few remaining with him in the Monastery and protracting their life in greatest want Then all the Chalices of the said Monastery except 3. and all the silver Vessels besides the Crucible of King Withlasius and other Jewels very precious being changed into Mony or sold for Mony were scarce able to satisfie the unsatiable covetousness of Ceolwulfe the Vice-roy who at last by his Lords the Danes most just in this after all his Rapines and Oppressions of the People by unjust Taxes and imposts was deposed and stripped naked of all his ill-gotten Treasure even to his very Privities and so ended his life most miserably And the Kingdom also of the Mercians at this very time King Alfred prevailing against the Danes was united to the Kingdom of the West-Saxons and remained so united ever after when it had continued a Kingdom from the first year of Penda the first King thereof to the last times of this miserable Viceroy Ceolwulph about 230 years Of which Kingdom William of Malmesbury thus concludes Ita Principatus Merciorum qui per tumidam gentilis viri insaniam subitó effloruit tunc per miseram semiviri ignaviam omninó emarcuit Anno Dom. 875. though Speed post-dates its period in the year 886. Whence it is observable that unjust Rapines Taxes Oppressions speedily suddenly destroy both Kings and Kingdoms The next year following Anno 876. Halden king of the Danes seising upon the seditious kingdom of Northumberland sibi eam suisque Ministris distribuit illamque ab exercitu suo coli fecit auobus Annis totally dispossessing the seditious murtherous Northumberlanders thereof who but a little before had expelled both their King and Archbishop out of their Realm This Halden and his Souldiers miserably wasted and destroyed the Churches of God in those parts for which the wrath of God suddenly fâ—ll upon Halden who was not only struck with madnesse of mind but with such a most loathsome disease in his body which much tormented him that the intollerable stink thereof made him so odious loathsome to his whole Army that being contemned and cast out by them all he fled away from Tine only with three Ships and soon after perished with all his Plundering Sacrilegious Followers The Danes elected Guthred king in his stead possessing this seditious Realm of Northumberland till dispossessed of it by king Edmund An. 944. who then annexed it to his kingdom Our Noble Saxon King Alfred the first anointed king of England as glorious for his most excellent Laws transcendent Justice and civil Government as for his Martial Exploits Victories and for his incomparable Piety and extraordinary bounty to the Clergy and Learned men comming to the Crown Anno Dom. 871 in the years 873 874 and sundry years following by common consent of his Wise men commanded long Ships and Gallies to be built throughout the Realm and furnished with Mariners to guard the Seas and encounter the Danish Ships and Pirates which then infested and wasted the Realm from time to time whose forces he often encountred as well by Sea as by Land with various success At last having obtained the Monarchy of all England and received their Homages and Oaths of Fealty to him he appointed special Guardians to guard the Seas and Sea-costs in all places Whereby he very much freed the Land from the Danes devastations About the year 887. even in the midst of his wars when Laws use to be silent he compiled a body of Ecclesiastical and Canon Laws out of the sacred Scriptures and the Laws which his pious predecessors Ina Offa and Ethelbert had religiously made and observed antiquating some of them retaining reforming others of them and adding some new Laws of his own by the advice and counsel of his wisemen of the most prudent of his Subjects the observation of which Laws was enjoyned by the consent of them all Wherein certain fines and penalties were prescribed for most particular offences which might not be altered or exceeded Amongst other Laws as Andrew Horn and others record this King and his Wisemen ordained That a Parliament twice every year and oftner in time of Peace should be called together at London that therein they might make Laws and Ordinances to keep the People of God from sin that they might live in peace and receive right and Justice by certain customs and Holy Judgements and not be ruled in an arbitrary manner but by stable known Laws And it was then agreed that the king should have the Soveraignty of all the Land unto the midst of the Sea invironing the Land as belonging of Right to the
elected King at Winchester in the year 924. Magno Optimatum consensu et omnium favore and solemnly Crowned at Kingston only one Alfred and some factious ones opposed his election pretending he was illegitimate and born of a Concubine whereupon they would have set up his Brother Edwin being legitimate and next heir as they pretended whom the Generality of the Nobles rejected nondum ad regnandum propter teneros Annos Idoneo Aethelstan after his Coronation knowing his Brother to be born in lawfull Matrimony and fearing Ne per ipsum quandoque Regni solio privaretur lest he should be some time or other deprived of his kingdom by him hated him extremely and at the sollicitation of some Parasites whereof his Cup bearer was the chief to be rid of him and this his fear he caused young Edwin attended only with one Page to be put into an old broken Boat in the midst of the Sea without Sail Oare or Pilate that so his death might be imputed to the waves out off which Boat the young Prince in discontent cast himself head-long into the Sea or rather the Page threw him head-long over-board and so was he drowned But the Page recovering his body by rowing with his hands and feet brought it to Land where it was interred The King was hereat so troubed with a real or feigned contrition for this barbarous bloudy fact that he did seven years voluntary penance for this his fratricide and adjudged his Cup-bearer to a cruel death who gave him this ill advice and to pacifie his Brothers Ghost and his own Conscience built two new Monasteries at Middleton and Michelresse and there was scarce any old Monastery in England which he adorned not either with buildings or Ornaments or Books or Lands to expiate this his bloody crime In this king Aethelstans reign In the year 927. There were fiery Beams and Meteors seen throughout all the Northern parts of England soon after which Athelstan resolved utterly to extirpate the perfidious Nation of the Danes and treacherous Scots which had violated their Agreement made with his Father whereupon he marched with a great Army by Land and Navy by Sea into Northumberland and Scotland wasted and harrowed the Country without resistance forced Guithfrith King of Northumberland out of his kingdom uniting it to his own Realm vanquished and overcame Howel king of Wales Constantine king of Scots Anlafe the Dane and others in a set battel drove them out of their Realms and forced them to submit to him Who upon their submission knowing the chance of war to be variable and pitying the Cases of these down-cast Princes restor'd them presently to their former estates with this Princely Speech That it was more honour to make a king than to be a king yet these petty Kings Princes rebelling afterwards siding with Anlafe against him were all rouâ—ed by Athelstane King Constantine of Scotland with five more of these Kings 12 Dukes and most of their Army slain in one battel principally by the valor of Turketulus and the Londoners An. 837 Whereupon the petty Kings of Wales contracted to pay him a yearly tribute of 20 pound weight of Gold and 300 of Silver and 25000 head of Cattel with a certain number of Hawks and Hounds which no King of England ever exacted or received from them before William of Malmeshury who exceeds in his praises writes that it was truly reported of him amongst the English Quod nemo Legalius vel literatius rempublicam administraverit That no king governed the Commonwealth more legally or learnedly than he being as Ingulphus records guided and directed by Turketulus his Chancellour a man of great integrity honesty and piety of profâ—und judgement whose decrees upon debate were irrefragâ—ble This king Athelstan for the better administration of Justice enacted sundry excellent civil and ecclesiastical Laws recorded in Bromt. Lamb. Spelm. The first of these his Laws were made and enacted in the famous Couneil of Grately about the year 928 in which the king himself Wulfehelm Archbishop of Came bury and the rest of the Bishops and all the Nobles and Wisemen which King Ethelstan could assemble were present who all ordained and confirmed these Laws in this great Council as the last Chapter 〈◊〉 of informs us in these words Totum hoc institutum est et confirmatum In magno Synodo apud Grateleyam cui Archi piscopus 〈…〉 et omnes Dptimates et Sapientes quos Adelstanus Rer potuit Congregare Or Cum. Dptimates et Sapientes ab Aethelstano evocati frequentissimi as another Copy renders it which proves that all the Members of this Council were summoned to it by this kings writ and not elected by the peoples suffrages And although the Archbishops Bishops and other Clergy men were the chief advisers of the Ecclesiastical Laws made in this Council as this Prologue to them attests Ego Aethelstanus Rex ex prudenti Uâ—fhelmae Archiepiscopi aliorumque Episcoporum et Servorum Dei consilio mando yet they were all enacted and confirmed by all the Nobles and Wisemen in the Council as the premises evidence In this Council the king commanded by his Laws all his Officers that they should demand and exact from his Subjects such things and duties only as they might justly and lawfully receive adding this memorable reason for it Nunquam enim erit populo bene consultum nec digne Deo conservabitur ubt Lucrum impium et magis falsum diligitur Ideo debent omnes amici Dei quod iniquum est enervare quod justum est elevare non pati ut propter falsum et pecuniae quaestum se forisfaciant homines ergà â—ere â—apâ—entem Deum cui displicet omnis injustitia Which I wish all our unrighteous covetous Tax-masters Excisers and Exacters would now seriously consider After which it follows Christianis autem omnibus necessarium est ut rectum diligant ut iniqua condemnent et saltem sacris Ordinibus erecti justum semper erigant et prava deponant Hinc debent Episcopi cum saeculi Judicibus interesse Judiciis ne permittant si possint ut illinc aliqua pravitatum germina pullulaverint And to avoid all arbitrary proceedings oppressions and Injustice in all things this Council by positive Laws ascertains all fines amerciaments imprisonments and corporal punishments for criminal offences from which the Judges might not vary And withall defines what Armes every man should find in those times of war against the Danes and other Enemies by his positive Law Lex 21. Sax. 16. Omnis homo habebit duos homines cum bonis equis de omni Carucâ King Ethelstane after this Council at Grately what years is not expressed assembled several other Parliamentary Councils at Exeter Fevresham and Thunderfeld wherein he and his Wisemen by common consent confirmed the Laws made at Grately altering some of them in certain particulars and adding some new Laws unto them as you may
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 confiscated 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 Mâ—nasteries 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 escheated 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 Embassadour 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 evertendas and would never accept of any Bishishoprick all his life being Content only with his own Lands and Wages That all his Decrees were so just and legal that they remained irrevocable when once made That he was a great Souldier and fought most valiantly against the Danes and often gloried and said He was most happy in this that he had never murdered nor maimed any one Cum pugnare â—ro patria maximè contra Paganos licite quisque possit He esteeming the slaughter of such Pagan Enemies in defence ef his Country lawfull and no murther nor maim King Aethelstan deceasing without iâ—â—ue his Brother Edmund succeeded him An. 940. who upon the false suggestions of some of his Souldiers and Courtiers dedeprived Dunstan whom he had made his Chancellour and one of his privy Council yea ranked amongst the Royal Palatines and Princes of his Realm of all his dignities and Offices The very next day after being like to break his Neck as he rod a hunting over a steep Rock had not his horse miraculously stopped at the Rocks brink in his full carier he immediatly sent for Dunstan and to repair the injury done him rod presently 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 Watlingstreet 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 Patliament 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 nullus potest per Legem impignorare contra aliquod Iudicium Primus est Rex ubi non poterit secundum Legem in Lite stare coram judice suo agendo vel respondendo per dignitatem naturalem vel per dignitatem terrae ut Optimas vel alius So that by the Laws of those times not only the Kings of England but even the petty Kings of Wales were by their very Natural and Royal Dignities exempted from all personall Tryals and Judgements against them in any Courts of Justice seeing they had no Peers to be tryed by In the year 940 Reingwald or Reginald the Dane comming with a great Navy into Northumberland slew most of the best Inhabitants of that Realm or drove them out of it He likewise seized upon all the Lands of St. Cutbert and gave his Lands to two of his Souldiers one of them called Scula who afflicted the miserable Inhabitants with Grtevous and intollerable Tributes whence even unto this day the Yorkshire-men as often at they are compelled to pay Tributum Regale A Royal Tribute endeavour to impose a pecuniary Mulct on the Land which this Scula possessed for the easing of themselves Scilicet Legem deputant quod Paganus per Tyrannidem fecerat qui non legitimo Regi Anglorum sed barbaro et aliegenae Et Regis Anglorum hosti militabat Nec tamen quamvis multum in hoc Laboraverint Pravam Consuetudinem huc usque Sancto Cuthberto resistente Introducere potuerunt writes Simeon Dunelmensis The other part of those Lands one Onlasbald seised upon who was much more cruel and oppressive to all men than Scula extraordinarily vexing the Bishop Congregation and People of Saint Cutbert and particularly seising upon the Land belonging to the Bishoprick Whereupon the Bishopoft endeavouring by perswasion to draw him to God and entreating him to lay aside the obstinate rigor of his mind and refrain himself from the unlawfull Invasion of the Churches Lands else if he contemned his admonitions God and St. Cutbert would severely avenge the Injuries done by him to them and others He with a diabolical mind contemning his admonitions and Threats swore by his Heathen Gods that
the presence and by the consent of them all restored granted and re-confirmed by his Charter dictated by Abbot Turketulus heretofore 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 quod sint 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 aeternique 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 violared 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 thereunto 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 thereupon 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 Judicanâ—e definiâ—um 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 consecraâ—ione 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 purehase his absolution King Edred deceasing to the great grief of all his Subâ—ects his Nephew Edwin formerly put by the Crown for his Nonage was there upon 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 kinswoman 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 I. In slighting depressing and 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 Monasteries 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 flourishing 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 flourishing and laudable Rex Edwi non illaudabiliter Regni infulam tenuit Anno Regni sui Quiuto cum in principio Regnum ejus decentissimè floreret prospera et laet a bunda 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 kingdom rejected him and set up his Brother Edgar whose lasciviousness was more excessive and
Where Archbishop Dunstan as some write comming in with his Cross and Banner dum consecrationis ejus â—empore 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 oâ— 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—set 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 eaepelled their antient posessions without cause that they ought to be more mildly 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 et 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 assert To which Abbot Ingulphus subjoyns Cujus Regis Edwardi sancta simplicitate et innocentia tà m abusa est factio Tyrannorum per Reginae favorem et potentiam praecipue roborata quod per Merciam Monachis de quibusdam Monasteriis 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 Monachis 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 rhe 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 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 say the Monks promising reformation of life on the Clergies behalf most humbly intreated the King and Archbishop 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 this divine Voice uttered by the Crucifix in the Wall Cum plurium jam Suffragiis de Presbyteris restituendis decernebatur as Matthew Parker relates it Absit ut hoc 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
Elfere Earl of Mercia the Queens chief Counseller and Instrument to murther and dethrone King Edward whom he stabbed to death with his own hands as Malmesbury records though to expiate this crime he soon after honourably translated his Corps from Warham to Shaftsbury-Minster yet by Gods avenging wrath about a year after his whole body was eaten up of Lice and Worms so that he died most miserably Queen Alfrida the chief Plotter of this murder soon after the fact was struck with such horror of conscience for this bloudy Regicide that to pacifie the pangs thereof and expiate the guilt of his crying bloud she built two Monasteries at Almesbury and Warwel and casting off her royal robes and State entred into the later of them where she afflicted her self with sackcloth fasting weeping and severe penance unto the day of her death bewailing this bloudy crime all the remainder of her life The whole English Nation who were either consenters to or overgreat connivers at their Soveraigns Murther which they never publikely questioned nor revenged were not only stricken consumed with all sorts of Plagues and strange diseases but uncessantly invaded oppressed spoiled captivated conquered murderated and almost quite extirpated by the barbarous Danes who usurped the Soveraignty over them for three Generations being made a spectacle of divine Justice both to Angels and Man As for King Ethelred himself though then an infant he purchased nothing else by his Brothers blood but a Crown of Thorns and Cares living in perpetual warrs cares fears wants distresses being crossed in all his designs warrs by Land and Sea contemned deserted and frequently betrayed by his own Counsellers Nobles Commanders Souldiers Subjects forced out of the Realm with his Queen children by the conquering Danes all living like exiles in forein parts dying at last neither lamented nor desired Some of his Sons after his death were treacherously murthered as Edmund Ironside by his own Brother-in-law and Ethâ—lred his Son-in-law Duke Edert all his posterity renounced by the English and the Danes preferred before them banished betrayed devoted to ruine by the usurping Danes and his own temporizing English Prelates and Nobles Of which more fully hereafter Take but this brief Character of his unhappy reign out of William of Malmsbury and Henry de Knyghton Ethelred us post occisionem fratris sui Edwardi in Regem levatus 38. annis reguum potius obsidit quam rexit Nam vitae suae cursus saevus et infanstus fuit in principio miser in medio et fine turpis et reprobus Iste tenuit Regnum in magna angustia Nec mirum quia sic felonice et injuste intrusus est in Regnum Rex suorum perfidia Ducum avito ex teâ—ris solio et opis egens alienae in cujus manu aliorum solebat salus pendere E Normannia accercitus Londoniae agebat propter proditores nunquam procedens ubi animam laboribus et miseriis natam efflavit Post cujus mortem Proceres Regni cum Clero stirpem ejus abhorrentes Canutum recognoverunt Regem suum fore All which calamities fell upon these Regicides Traytors and the whole English Nation as our Historians observe for the murder of their lawfull Soveraign And have we not all now just cause to fear the very like or some sorer Judgements for the selfsame crying Sin and other transcendent bloudy traiterous violences oppressions of all kinds farr exceeding this and all others in former ages But to proceed from these Generals to the most observable particulars during his reign Anno Dom. 980. being the second year of King Ethelreds reign the Danes began their invasion and persecution of the English wasting depopulating with fire and sword Southampton Chester the Isle of Teneth Cornwall Devonshire and other places continuing their depredations sundry years after till they became Lords and Masters both of the Crown and Realm All our Historians record that the sins of the English Nation especially their Treason and Treachery against their innocent murdered Soveraign were the original cause of this Danish invasion and most fatal Judgement to which Bishop Lupus in his Oration subjoyns these other sins pertinent to my Theam of which I fear our Nation is now farr more guilty than their Ancestors in that age Ecelesiae vastantur ordo Clericalis ludibrio habetur et contempâ—ui ima plebs proditorie è regno sumpto pretio venundatur infantes ab ipsis incunabilis ad miseram servitutem sumpti et redacti sunt omnisque benignitas et eleemosyna perit Ipsi denique liberi avita libertate frui et in serbili conditione constituti bonis magnis partis laboribus aut aliundè concessiâ— uti prohibentur Et quia haec gens perjurlis Mendaciis Juramenti Fidei Faederum atque Pignorum fractionibus crebris homicidio furto et quae ad Rempublicam labefactandam summae sunt Proditione falso atque Technis baferrimis in ipsos Domiuos atque Heros multifariam deliquit â—ujus fuit indicium Edwardi regis ipsis hostibus traditio c. The external causes principally inviting incouraging the Danes to this invasion as Matthew Parker and Mr. Fox conjecture were these Quod à segnibus et torpentibus Monachis Regni facultates essent absorptae auctaque indies Dacorum vis ab Anglorum sub Monachis redactorum ignaviam et civilia orta multa discrimina quae Dacos efferarunt victores And that the Danes perceiving the discords that were then in the Realm and the hearts of the Subject to be withdrawn from and set against their Soberaign they thought it a sufficient occasion and advantage to forward their intendments and omitting no time arived on the Coasts of Kent and spoiled the Country as aforesaid About the year of our Lord 982. One Lefsi bought lands in the Isle of Ily of Adelwold Bishop of Winchester and not only denied to pay for them but likewise forcibly disseised the Bishop of 3. Manors Burch Undeles and Kateringes which the Bishop recovered by Judgement of the Earldermen and Thames in the WITENAGEMOTE Wittagemiot or Parliamentary Assembly of that age thus reported by the antient Book of Ely and by Mr. Selden out of it Edicitur placitum apud Londoniam quo cum Duces Principes Satrapae Rethores et Causidici ex omni parte confluxerant beat us Aedelwoldus praefatum Lefsium in jus protraxit et coram cunctis suam causam et injuriam ac rapinam quam ipse Leofsius intulerat sanctae Ecclesiae ex ordine patefecit Qua re benè ac apertè ab omnibus discussa omnes Deo et beato Aethelwaldo per judicium reddiderunt Burch et Undeles et Kateringes Judica verunt etiam ut Leofsius Episcopo totum damnum suum suppleret et Mundam suam redderet de rapina vero Regis forisfacturam emendaret dato pretio genealogiae suae Post haec infra octavum diem convenerunt iterum ad
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 Danicus vero Swanus suusque 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 amborum Egelricorum dâ—mâ—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 〈…〉 Ille â—ictum 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 exactionâ— pressures 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 bâ—ibe great Souldiers and Courtiers by leases and moâ—â—es to protect them from 〈…〉 John Speed affirms That the Clergy 〈…〉 any denied to King Ethelred their assistance pleading their exempâ—ions 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 neat 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 Daneslyearly Whereby hâ— 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 ships from forein Invasions who sent him this Message Angliam praeclaram esse patriam opimam sed Regem stertere illum Vencre 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 sailed 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 waste the Country Hereupon first of all Earl Uhtred the Northumbrians with those of Lindesey presently without delay and after them the Freelingers with all the people in the Northern parts of Watlingstreet having no man to de fend them yeelded themselves up to Swain without striking one stroke and establishing a peace with him they gave him Hostages for their loyalty and swore Fealty to him as their Soveraign Whereupon he commanded them to provide horses and victuals for his Army which they did William Malmesbury observes that the Northumbrians thus unworthily submitted to Swane his Government Non quod in eorum mentibus genuinus ille calor Dominorum impations refriguerie sed quod Princeps eorum Uthredus primus exemplum defectionis dederit Whose example drew on all other parts Illis sub jugum missis coeteri quoque omnes populi qui Angliam ab Aquilone inhabitant vectigal et obsides dederunt A very strange and sudden change conquest without a blow Swain committing his Navy and Hostages to his son Cnute raised chosen Auxiliaries out of the English who submitted to him and then marched against the Southern Mercians Having passed Watling street he by a publike Proclamation commanded his Soldiers to wast the Fields burn the Villages cut down the Woods and Orchards spoil the Churches kill all the Males that should come into their hands Old and Young without shewing them any mercy reserving only the Females to satisfie their lusts and to do all the mischiefs that possibly they could act Which they accordingly executed raging with beastly cruelty Marching to Oxford he gained it sooner than he imagined by surrender taking Hostages of them He posted thence to Winchester Where the Citizens extraordinarily terrified with the excessiveness of his cruelty
immediately yeelded and made their peace with him they and the whole Country giving him such and so many hostages as he desired for his security and likewise swearing allegiance to him Only the Londoners defending their lawfull King within their walls shut the Gates against him From Winchester Swain marched with great glory and triumph to London endeavouring by all means either to take it by force or surprize it by fraud At his first arrival he lost many of his Souldiers who were drowned in the River of Thames through overmuch rashness because they would neither seek for Bridge nor ford to pass over it King Ethelred being then within the City and having no other refuge the Citizens closing their Gates manfully defended their lawfull King and City against the assailants Who encouraged with the hope of glory and great booty fiercely assaulted the City on all sides but were all most valiantly repulsed by the Citizens through the assistance of valiant Earl Turkel then within it the Danes sustaining great loss of men who were partly slain and partly drowned the Citizens not only repulsing them from the Walls but likewise sallying forth and slaying them by heaps so that Swain himself was in danger to be slain had he not desperately ran through the midst of his Enemies and by flight escaped their swords Malmesbury thus writes of the Citizens Oppidani in mortem pro Libertate ruebant nullam sibi veniam futuram arbitrantes si Regem desererent quibus ipse vitam suam commiserat It aque cum ut inque acriter certaretur Iustior causa victoriam habuit Civibus magna ope conantibus dum unusquisque sudores suos Principi ostentare et pro eo pulchrum putaret emori Hostium pars prostrata pars in flumine Thamesi necata Hereupon Swain despairing to take the City marched with his torn shattered Army first to Wallingford plundering and demolishing all things they met with in their way after their wonted manner and at last they came to Bath where Ethelmere Earl of the West Country with all his people came and submitted to him giving him hostages for their loyalty Having thus finished all things according to his desire he returned with his Hostages to his Navy being both called and reputed King by all the People of England London excepted si Rex jure queat vocari qui fere cuncta Tyrannice faciebat vrite Florence of Worcester Simeon Dunelmensis very cautelously Nec adhuc flecterentur Londinenses tota jam Anglia in clientelant ejus inclinata nisi Ethelredus praesentia eos destitueret sua as Malmesbury observes King Ethelred being a man given to sloathfullness and through consciousness of his own demerits very fearful deeming no man faithfull to him by reason of the tragical death of his Brother Edward for which he felt this Divine revenge not daring to raise an Army nor fight the Enemy with it when raised Ne Nobiles Regni quos injuste exhaeredaberat lest the Nobâ—es of the Reaâ—m whom he had unjustly dis-inherited should desert and deliver him up to the Enemy declining the necessity of war and of a new siege most unworthily deserted the Londoners his faithfull valiant Subjects and Protectors in the midst of their dangers Enemies flying away secretly froÌ„ them to Hamshire by secret journies from wbence he sailed to the Isle of Wight Hereupon the Londoners Laudandi prorsus viâ—i quos Mars ipse collata non sperneret hasta si Ducem habuissent Cujus dum vel sola umbra protegerentur totius pugnae aleam ipsam obsidionem etiam non paucis mensibus luserunt Seeing themselves thus unworthily deserted by their Soveraign in their extremities moved by the example of the rest of their Countrymen submitted themselves likewise to King Swain sending Hostages to and making their peace with him the rather for that they feared Swains fury was so much incensed against them for his former shamefull repulses by them that if they submitted not to him of their own accords he would not only spoil them of all their goods but likewise command either all their eyes to be pulled out or their hands and feet to be cut off if he subdued them by force John Speed against the current of other Historians informs us That Swain after his repulse from London having received a certain sum of money went back into Denmark for want of victuals and to recruit his shattered Army whence returning soon after he was immediatly met by the English where betwixt them was struck a sore battel which had been with good success had not the Treason of some hindred it in turning to the Danes King Ethelred therefore seeing himself and the Land betrayed on this manner to those few true English that were left used this Speech as followeth If there wanted in me a fatherly care either for the defence of the Kingdom or administration of Justice in the Commonwealth or in you the carriage of Souldiers for defence of your Native Country then truly silent would I be for ever and bear those calamities with a more dejected mind but as the case stands be it as it is I for my part am resolved to rush into the midst of the Enemy and to lose my life for my kingdom and Crown And you I am sure hold it a worthy death that is purchased for the Liberties of your selves and kinred and therein I pray you let us all die for I see both God and destiny against us and the name of the English Nation brought almost to the last period for we are overcome not by weapons and hostile warr but by Treason and 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 far off is all hope of better success as we have cause to fear the losse of our kingdom you the extinction of the English Nations revenue Therefore seeing our enemies are at hand and their hands at our throats let us by fore-sight and counsel save our own lives or else by courage sheath our swords in their bowels either of which I am willing to enter into to secure our Estate and Nation from an irrecoverable Ruine After which Speech he and his Army retreated and gave way to the prevailing Enemy Swain herepon setling all things according to his own will when as he knew that no man durst resist him
commanded himself to be called King of England Dum non fuit alius qui pro jure regni decertare vel se regem confiteri 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 aforesaid where advising with the Abbots and Bishops there assembled in Council what course was best to steer he spake thus unto them the History whereof I shall fully relate in William of Malmesbury his words ' Ibi Abbates et 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 solio et opis egentem alienae in cujus manu aliorum solebat 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—los amore sui sine sumptibus voluntariam subeuntes fugam domos et facultates suas praedonibus exposuisse in arcto esse victum omnibus vestitum deesse pluribus probare se fidem illdrum 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 certe occidi ab hoste titulatur fortunae prodia a Cive addicetur Ignaviae Si ad exteras gentes fugiunt 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 like wise 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 do Haesitabatur totis urbibus quid fieret si par aretur rebellio assertorem non haberent si eligeretur subjectio placido rectore carerent Ita privatae et publicae opes ad naves cum sidibus deportabantur Quo evidenter apparet Swanum naturalem et legitimum non esse Dominum sed atrocissimum Tyrannum as Malmesbury Mattbew Westminster and otners record But God who is propitious to people in their greatest extremities suffered not England to lye long sluctuating in so many calamities For this barbarous Tyrant Swane 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 Geignesburgh reiterating 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 Saint he fell off from his horse and continued in great torment till night and so ended his life with a miserable death Swane being dead the whole Navy and Nation of the Danes Elected and made â—nute his son their King and Lord b. * Majores Natu totius Angliae The Nobles and Senators of all England liking nothing â—ess than bondage especially under such new tyrannizing forein Intruders thinking it now or never the time to shake off their new yoak pronounced their Natural Lord to be dearer to them than any Foreiner Si regaiius se quam consueverat ageret Whereupon with unanimous consent and great joy and speed they sent messengers into Normandy to Ethelred to inform him Nullum eo libentius se in Regem recepturos si ipse vel rectius gubernare vel mitius eos tractare vellet quam prius tractaverat and to hasten his return unto them Who thereupon presently sent over his son Edward qui fidem Principum favoremque vulgi praesens specularetur who together with his Embassadors assured both the Nobles and Commons of the English Nation That he would for time to come be their mild and devout Lord consent to their wills in all things acquiesce in their Counsels and if he had offended in any kinde he would reform it according as they should think fit and with a ready mind pardon whatsoever had been contemptuously or disgracefully spoken or acted by them agaiâ—st him or
his if they would all unanimously receive him again as their King into the Kingdom To which they all gave a favourable and satisfactory answer Whereupon a plenary reconciliation was ratified between them on both sides both by words and compact Moreover The Nobles unanimously and fréely agreed and voted That they would never more admit a Danish King into England to reign over them These things concluded King Ethelred speedily returns into England where he was honourably and joyfully received by the English And that he might seem to cast off his former sloathfulness he hastned to raise an Army against Cnute who remaining with his Navy in Lindesey made an agreement with the inhabitants exacting men and horses from them that he might surprise Ethelred at unawares and threatning grievously to punish all such as revolted from him But Cnute being taken in his own craft Ethelred marching thither with a strong army before he was provided to receive him fled from thence with his Hostages Army and Navy to Sandwich whereupon Ethelred depopulated all Lindesey wasting the Country with fire and sword slaying all the Inhabitants as Traitors to him and their Native Country Cnute by way of revenge humano et divino Iure contempto in insontes grassatus cuts off the hands and ears and slits the Noses of all the most Noble and beautiful Hostages throughout England given to his father and so dismissing them sailed into Denmark to settle his affairs and augment his forces resolving to return the year following After his departure King Ethelred this very year Super haec omnia mala Classi quae apud Greenwic jacuit Tributum quod erat 30. millia librarum pendi mandavit to wit to the Fleet under Turkell the Dane who instead of defending did but help to pillage and oppress the English Huntindon writes it was but 21 thousand pounds and Bromton avers that it was Cnute not Ethelred who commanded it to be paid to his Navy Soon after which the Sea rising higher than it was accustomed drowned an innumerable Company of Villages people and cattel After Cnutes departure King Ethelred summoned a Parliamentaty Council at Oxford Anno 1015. both of the Danes and English Malmsbury expressly stiles it MAGNUM CONCILIUM Wigorniensis Hoveden Sim. Dunelmensis MAGNUM PLACITUM Matthew Westminster and others MAGNVM COLLOQUIUM our later English Historians a Great Council and Parliament The King by the ill advise of that Arch Traytor Duke Edric at this Great Council commanded some Nobles of the Danes to be sodenly and secretly slain quasi de Regia proditione notatos ac perfidiae apud se insimulatos the chiefest of them were Sygeforth and Morcar whom Edric treacherously invited to his chamber and there making them drunk caused his armed guards there placed secretly to murder them which they did Hereupon their Servants endeavouring to revenge their Lords deaths being digniores et potentiores ex Seovengensibus they were repulsed with arms and forced to flye into the Tower of St. Frideswides Church for safety whence when they could not be forcibly expelled they were all there burnt together The King presently seised upon their lands and goods the chief cause of their murder as some conceived and sent the relict of Sygeforth a very Noble beautifull and vertuous Lady prisoner to Malmsbury whither Edmond the Kings base Son as some affirm posted without his fathers privity and being enamored with her beauty first carnally abused then afterward maried her and by her advice forcibly invaded and seised upon the Lands of her husband and Morcar which were very great and the Earldom of Northumberland which his father denied him upon his request Whereupon all the Inhabitants of that County readily submitted to him Whiles these things were acting d Cnute having setled his affairs in Denmark and made a League with his neighbour Kings recruired his Army and Navy and returned into England with a resolution either to win it or to lose his life in the attempt Ariving first at Sandwich and sailing thence to the West he pillaged Dorsetshire Somersetshire and Wiltshire filling all places with slaughters and plunders King Ethelred lying then sick at Cosham his son Edmond Ironside and Duke Edric raised an Army against Cnute but when both their forces were united to fight him the old perfidious Traytor Edric endeavoured by all means to betray Edmond to the Danes or treacherously to slay him which being discovered to Edmond thereupon they severed their forces from each other and gave place to the Enemies without giving them battel Not long after Edric inticing to him 40 of the Kings ships furnished with Danish Mariners and Souldiers openly revolted and went with them to Cnute subjecting himself to his dominion as his Soveraign by whose example all West-Sex submitted to him as their Kihg delivering him hostages for their fidelity resigning up all their arms to him and providing both horse and arms for his Danish Army The Mercians offred themselves alone to resist the Danes but through the Kings sloathfulness the business of war received delay and the enemies proceeded in their rapines without opposition In the year 1016. King Cnute and treacherous Duke Edric came with 200 sail of ships into the river of Thames whence they marched by land with a great Army of horse and foot and invaded Mercia in an hostile manner burning all the Towns and Villages and slaying all the men they met with in Warwickshire and other places whereupon King Ethelred as Huntindon Wigorniensis and others record made an Edict Ut quicunque Anglorum sanus esset secum in bello procederet That every Englishman who was in health should go with him in battel against the Danes An innumerable multitude of people upon this assembled together to asist 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 Buckinghan
Bedford Huntindon Northampton Lincoln Nottinghaem 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 Englishmens parts they were meerly defensive of their Native Country King Laws Liberties Properties Estates Lives against forein Invaders and Uâ—urpers 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 Wigorniensis Hoveden Simâ—â—n Dunelmensis Radulphus de Diceto Bromton Or Maxima pars Regni tam Clericorum quam Laicorum in unum congregati as Matthew VVestminster Or Proceres Regni cum Clero as Knyâ—htâ—n 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 consent 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 thev all repaired to Cnute to Southampton omnemque Progeniem Regis Ethelredi coram illo abhorrentes et abnegando repudiantes as Wigorniensis 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 fealty 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 quod 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. Ironside 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 Regina sed ex quadam ignobili foemina generatus qui utique matris suae ignobilitatem generis mentis ingenuitate corporis streuuit 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 fickleness 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 after a bloudy and cruel encounter he put Cnute and his Army to flight and slew many of them Not long after they recruiting their forces both Armies meeting at Steorstan King Edmond resolving there to give Cnute battel placed the most expert and valiantest of his Souldiers in the front and the rest of the English who came flocking in to him he kept for a reserve in the rear Then calling upon every of them by name he exhorted and informed them That they now fought for their Country for their Children for their Wives for their Houses and Liberties inflaming the minds of his Souldiers with his excellent Speeches in this battel with the Enemy he exercised the Offices of a valiant Soldier and good General charging very couragiously But because that most persidious Duke Edric Almar and Algar and others of the great men who ought to have assisted him with the Inhabitants of Southampton VViltshire and innumetable other English joyned with the Danes the battel continued all day from morning to night with equal fortune till both sides being tired out and many of each party slain the night constrained them to march one from another But their bloud not being cold the next day they buckled together again with no less courage than before till at last in the very heat of the battel the most perfidious Duke Edric perceiving the Danes like to be totally routed and the English in great forwardness of victory cut off the
he died at London not Oxford about the Feast of St. Andrew as if he had died of a naturall death but the generality of Writers agree he was murdered at Oxford ambiguum quo casu extinctus writes Malmesbury the common fame being he was murdered by Edric as aforesaid And bromton who recites all three opinions concludes thus Sed primus modus videliceâ— quod rex Edmundus ad requiem naturae sedens proditione dicti Edrici occisus fuit verâ—or allis et autenticior habetur The Author of the Encomium of Emma concurring with Marianus subjoynes this Observation touching his short reign and speedy death That God c. minding his own doctrine That a kingdom divided in it self cannot long stand and pitying the English took away Edmond lest if the Kings had continued long together they should have both lived in danger and the Realm in continual trouble His reign continued onely seven moneths in which time he fought seven or eight battels in defence of his Country People and their Liberties besides his single Duel with Cnute and by his untimely death the English Saxon Monarchy was devolved to the Danes who by Treachery and the Sword for three descents depriâ—ed the English Saxons of the Crown and Kingdom through divine retaliation as they had unjustly by treachery and the Sword dispossess'd and disinherited the Britons thereof about 450 yeares before as Henry Huntindon Bromton Radulphus Cistrensis Mr. Fox Speed and others observe The Sinnes of the Saxons grown now to the full writes Speed and their dreggs as it were sunk to the bottom they were emptied by the Danes from their own vessels and their bottles broken that had vented their red and bloudy wines in lieu whereof the Lord gave them the cup of wrath whose dreggs he had formerly by their own hands wrung out upon other Nations For the Saxons that had enlarged their Kingdomes by the bloud of the Britons and built their nests high upon the Cedars of others as the Prophet speaketh Habbak 2. committed an evil covetousness to their own habitations and were stricken by the same measure that they had measured to others when as the Danes often attempting the Lands invasion and the subversion of the Eâ—glish Estate made way with their Swords through all the Provinces of the Realm and lastly advanced the Crown upon their own helmets which they wore only for three Successions CHAP. IV. Comprising a Summary Collection of all the Parliamentary Great Councils Synods Historical Passages Proceedings Lawes relating to the Fundamental Liberties Franchises Rights Government of the People and other remarkables under our Danish Kings Cnute Harold and Harde-Cnute from the year of our Lord 1017. till the first year of King Edward the Confessor Anno 1042. With some brief Observations on the same IMmediately after the murder of King Edmond Ironside King Cnute the Dane Anno 1017. taking possession of the whole Realm of England was solemnly crowned King at London by Living Archbishop of Canterbury succeeding in the Realm of England Non successione haereditaria sed Armorum violentia as William Thorne observes Injuste quidem Regnum ingressus sed magna civilitate et fortitudine vitam componens writes William of Malmsbury Whereupon the better to fortifie his Military Title with a seeming publick Election by the Nobles and Nation in a Parliamentary Council and their open disclaimer and renunciation of any Right or Title either in King Edmonds Sons or Brethren to the English Crown to settle it in perpetuity on himself and his posterity he commanded all the Bishops Dukes Princes and Nobles of the English Nation to be assembled together at London in a Parliamentary Council Where when they were all met together in his presence he most craftily demanded of them as if he were ignorant Who were the Witnesses between him and Edmond Ironside when they made their agreement and division of the Kingdom between them What manner of conference there then was between him and Edmond concerning his Brethren and Sons Whether it was agreed that it should be lawfull for Edmonds Brethren or Children to reign in the kingdom of the West-Saxons after his death by any special reservation or agreement between them in case Edmond should die in his life-time Whom he had designed to be his Heir Whom he had appointed to be guardians to his Sons during their infancy And what he had commanded concerning his Brothers Alfred and Edward To which they all answering both falsly and slatteringly said That they did most certaiâ—ly know King Edmond neither living nor dying had commended or given no part of his kingdom to his Brethren and they did likewise know that it was King Edmonds will that Cnute should be the Gardian and Protector of his Sons and of the Realm untill they were of age to reign calling God himself to witnesse the truth hereof O the strange temporizing falsity treachery perjury of men in all ages But though they thus called God to witness yet they gave a false testimony and fraudulently lyed preferring a lye before the truth being forgetfull of justice unmindfull of nature unjust witnesses rising up against Innocency and betrayers of their own bloud and Country when as they all well knew that Edmond had designed his Brethren to be his heirs and appointed them to be Guardians of his children thinking by this their false testimony to please King Cnute to make him more mild and gracious to them and that they should receive great rewards from him for the same After their answers to those Interrogatories to ingratiate themselves further with Cnute though they were sworn before to Edmond and his Heirs and were Native Englishmen yet they there all took a solemn Oath of Allegiance to Cnute swearing to him That they would and did chuse him for their King humbly obey him et Exercitui Uectigalia dare and would give Tributes to his Army And having received a pledge from Cnutes naked hands with Oathes from the Princes and Nobles of the Danes Cnute reciprocal Oaths from them and all the people they ratified a mutual Covenant and League of Peace with reciprocal Oaths between both Nations reconciling and abandoning all publick enmities between them They likewise swore that they would cast off banish and wholly reject King Edmonds Brothers Sons and Family In pursuance whereof they there presently Fratres et filios Edmondi Regis omnino despexerunt cosque Reges esse negaverum unum autem ex ipsis praedictis Clitonibus Edwinum egregium et reverendissimum Edmundi Regis germanum Ividem cum consilio pessimo exulem esse debere coustituerunt as Roger de Hoveden Abbot Ethelred Wigorniensis and others at large record the Story The discord treacherous falshood disloyal proceedings of the English Nation then towards one another the English royal line is thus elegantly set forth by Abbot Ailred a lively Character of our age Externisque
whereof he lost many in the first battel the next day when he appointed again to fight with them Earl Godwin General of the Enlish Militia without King Cnutes privity resolved with his English forces alone to invade the Swedish Enemies in the night Whereupon using this Speech to his Souldiers ut pristinae gloriae memores robur suum oculis novi Domini assererent c. they all valiantly assaulted the Enemies at unawares put them all to flight slew an innumerable multitude of them and compelled the Kings of that Nation Ulf and Eglaf to yield to terms of Peace Cnute preparing to fight very early the next morning thought the English had been either fled away or revolted to the Enemies but marching to the Enemies tents and finding nothing but the bloud and carcasses of those the English had slain he thereupon ever after had the English in great esteem who by this their Victory Comitatum Duci sibi laudem paraverunt writes Malmsbury Cnute returning joyfull of this Victory into England and bestowing anâ— Earldom on Godwin for this Service In the year 1027. Cnute hearing that the Norwegians disesteemed Olaus their King by reason of his simplicity bribed his Nobles with great sums of gold and silver to reject Olaus and elect him for their King which they promising to do the next year he sailed into Norwey with 50 ships ' thrust Olaus out of his kingdom by consent of his Nobles and subdued his Realm to himself whence returning into England An. 1029. Hâ—conem Danicum Comisem quasi Legationis causa in Exilium misit because he had maried Gunilda a Noble matron daughter of the King of Vandals unde metuebat ab illo vel à vitâ privari vel à regno expelli who was after drowned in the Sea or slain in the Orcades Anno 1030. In which year Robert Duke of Noâ—mandy going to Hierusalem Apud Fischamium PROCERES AD COLLO QUIUM VOCAVIT ibique Gulielmum filium suum haeredem sibi constituens fecit omnes ei fidelitatem jurare And the same year the Norwegians cruelly murdered Olaus their King Doctor Preacher and Apostle with an ax Indignabatur enim Gens illa pagana et cruentissima QUOD PRIMAS LEGES et superstitiosas idem sanctus Rex Olaus praedicando docendo evangelizando statuendo evacuaret But Cnutes gold was the prime cause thereof to get his Crown as he had done his Realm and Edmond Ironsides for whose soul he prayed and offered a rich embroydered Pale on his Tomb at Glastonbury Anno 1026. Hoc autem fecisse creditur ne in mortem ejus cui in certamine singulari confoeder atus fuerat consenssisse vider etur writes Mat. Westminster King Cnute Anno 1031 to palliate his Usurpations of other mens Crowns with the shew of Devotion travelled to Rome in very great pomp where he offered very great gifts in gold silver rich vestments and pretious stones and obtained from Pope John That the English School shduld be frée from Tribute In his going and returning he not only gave large alms to the poor but likewise removed and deleted many unjust Tolls and Taxes exacted from such who travelled to Rome giving a Great price to abolish them He solemnly vowed to God before the Sepulcher of the Apostle Peter a reformation both of his life and manners In pursuance whereof he writ a Letter from Rome to the Archhishops of Canterbury and Yorke all the Bishops Nobles and Rulers and to the whole English Nation as well Nobles as Plebeans wherein he certified them That he had procured from the Emp. of Germany King Rodolphus the Pope and other Princes a release of all unjust Tolls and Taxes exacted of his people as they travelled out of devotion towards Rome and of the vast sums of money which the Archbishops paid to the Pope for their Palls After which he in forms them That he had vowed to justify his life to God himself in all things To govern the Kingdoms and Nations under his subjection justly and piously To observe just judgement in all things and if through the Intemperance or negligence of his youth he had hitherto done any things besides that which was JVST that he promised by Gods assistance to reform it all Therefore I obtest and command all my Counsellors to whom I have committed the Counsels and Justice of my Realm that by no means either for fear of me or through favour to any potent person they should from henceforth doe any Injustice or cause it to sprout up in all my kingdom Likewise I command all the Sheriffs and Officers throughout my Realm as they desire to enjoy my favour or their own safety that they do No unjust violence to any Man neither to rich nor poor but it shall be lawfull for all as well Noble as Ignoble to enjoy justice and right from which they might not deviate in any manner neither for Regal favour nor for the person of any potent man nec propter mihi congerendam pecuniam quia nulla mihi necessitas est ut iniqua exactione pecunia mihi congeratur nor yet for raising 〈◊〉 â—eaping up money to me Because there is no necessity for me and let those who now plead Necessity both for their own illegal imposing levying of unjust uncessant heavy Taxes Imposts Excises on our Nations without grant and common consent in Parliamâ—ntâ— consider it that money should be raised and collected for my use by an injust exaction After this he enâ—oyns them by thiâ— Letter To pay all Debts and Duties due by the antient Law as Tithes of their corn and cattel Peter pence and First fruits at the Feasts appointed under pain of the penalties inflicted by the Laws which he would strictly exact without pardon Neither was he worse than his word writes Malmsbury for he commanded all the Laws made by antient Kings and especially by his predecessor King Ethelred to be for ever observed under pain of a regal mulct To the custody of all which ancient Laws Even now writes he our Kings are sworn under the name of King Edwards Lawes non quod illa statuerit sed observaverit And Matthew Westminster records further Vicecomitibus Regni Angliae et Praepositis districtè mandavit ut nulli hominum vim inferant nec propter pecuniam fisco reponendam in aliquo a Iustitia deviant dum non habeat necessitatem de peccato pecuniam adaugere If this Forein Danish Conqueror and Usurper of the Crown of England quod 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 our
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 Devoâ—ion 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 thereupon 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 acknowlegeth 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 â principio regni mei fuit semper erit in futurum tam penes caelum quam penes seculum PROPTER HAEC MEA PECCATA ET PARENTVM MEO RVM SATISF ACERE 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 Guthlaco 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 requiescentis 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 confirmed to the Abbot of Glastonbury the Conusance of all ecclesiastical and secular causes within the Island of Glastonbury by a special Charter Cum Consilio Decreto Archipraesulis nostri Edâ—lnothi â—â—mulque cunctorum Dei Sacerdotum Consensu Optimatum meorum as the words of the Charter atteâ— 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 Council at Winchester where Venerando Sapientum ejus Consilio 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 â—ure 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 praecipio Impâ—imis volo ut Iustae Leges erigantur et injustae sub vertantur et omnis Injustitia modis omnibus sarculetur a modo omnis homo dignus publica rectitudine reputetur pauper dives quicunque sit eis justa judicia judicentur I shall transcribe only some few of his Laws pertinent to my Theam Lex 25. Prohibemus ne Christianus aliquis penitus pro parva re saltem ad mortem deducatur Sed justitia pacificans pro necessitate populi exquiratur ne pro levi re opus manuum Dei sui ipsius pretium quod profundè redemit desperet Lex 26. Praecipimus nè Christiani passim in exilio vendantur vel in Gentilitatem nè forte pereant animae quas propria vita sua mercatus est Dominus noster Ihesus Christus Lex 31. Omnis Injustitia deinceps opprimatur Burgbotam Brigbotam Scipsorthunga Frothunga qui Navigii vel expeditionis sonant apparatum sedulo procuremus cum necesse fuerit ad commune regni nostri commodum Et perquiramus simul modis omnibus quo modo praecipuum possit consilium ad profectum populi obtineri rectaque Christianitas propensius erigi quicquid inâ—ustum est solertius enervari 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 rectius 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
richly gilt with gilt bosses and darts in their hands Which Present though it pacified the Kings indignation yet it prevented not Gods avenging justice on him afterwards for Alfreds bloud thus partly avenged on Harolds carcasse which was cast into the Thames and mangled according to Hard-Cnutes command and lay floting on the water sundry dayes till a Fisherman in compassion took up his corps and buried it privately in St. Clements Danes Soon after Harde-Cnute in the second year of his reign commanded 8. Marks to be paid to every Mariner Some write â—0 others 30. marks to every Shipwright of his Danish Navy besides a vast sum of money to his Land-Army Hujus anno secundo redditus est Census Exercitui Dacorum scilicet 21000 lib. 89 lib. Et posteà sunt redditae 32. puppibus 11000 lib. 48. lib. writes Henry Huntindon Tributum inexorabile et importabile Angliae imposuit ut Classiariis suis per singulas naves viginti ac triginti marcas ex pollicito pensitaret Quod dum importune per Angliam exigitur duo infestius hoc munus exequentes a Wigorniae Civibus extincti sunt as Will of Malmsbury expresseth it Hic etiam contra omnem spem octo Marcâ—s unicuique remigi Classis suae de importabili tributo Angliae solvi fecit So Bromton Which â—lorentius Wigorniensis Hoveden Simeon Dunelmensis Matthew Westminster Polychronicon Caxton Fabian Holinshed Grafton and Speed thus more at large relate Anno 1040. Octo Marcas unicuique suae classis Remigi et 12. unicuique gubernatori de tota Anglia praecepit dependi Tributum videlicet tam grave ut vix aliquis id possit persolvere Quapropter omnibus qui prius adventum ejus desiderabant magnopere factus est exosus summopere Anno 1041. Harde-Cnute King of England Huscarlas missit per omnes regni sui Provincias Or Ministros suos per omnes fines regni destinavit sent his Officers through all the Counties parts of the Realm to exact and collect the Tribute which he had imposed without sparing any and to furnish his Mariners with all necessaries from thence Two of which Officers Faeder and Turstin exacting this Importable Tribute with great rigour and cruelty from the Inhabitants of the County and City of Worcester were thereupon tumultuously slain by them in a Monastery whither they fled for Sanctuary on the 4th day of May. The King being very much incensed therewith sent Godwin with all the rest of the Earls of England and almost all his Officers and whole army thither to avenge their deaths commanding them to slay all the men if they could to pillage and burn the whole City and County who coming thither the 2. of November wasted the City and County for 4. dayes space but took or slew few of the City or County because they having notice of their coming fled all away to an Iland in the midst of Severn called Beverage which they fortified and so long manfully defended against their Enemies til they had recovered their peace and obtained leave quietly to return to their homes Whereupon on the fifth day they burnt the City every one returning with great booties and thereupon the Kings wrath was pacified but his reputation much ecclipsed and the affections of the people lost by that cruelty and Tax Which it seems was imposed by his own arbitrary power without any Grant or common consent in a Parliamentary Council Vnde cunctis qui prius ejus adventum optaverant in Angliam exosus effectus est writes Mat. Westminster Contumeliam famae amori suo detrimentum ingessit adds Malmsbury This whole Tribute amounted but to 32137 l. which came not to the moity of one Moneths Contribution or Excise in our dayes John Speed and some others write That Earl Godwin devising how the Crown might be worn by him or his to separate the hearts of the Subjects from the Prince thaen which there can be no greater wound unto both caused the King to impose heavy Tributes upon the English only to pay the Danes in his Fléet appointing every common Souldier and Mariner to receive 8. Marks in money and every Officer and Master 12. amounting to the summ of 32147 l. for the payment whereof there was so great a grudge that two of his Collectors were slain by the Citizens of Worcester which caused their City to be burnt and part of the County to be spoiled by the Kings command and their Bishop Alfred expulsed the See til with money he had purchased his peace But observe Gods Justice on this Exactor and Tax-imposing King soon after his cruelty at Worcester as he was revelling and carrouzing amidst his cups at Lambheth at a solemn Mariage-feast between a Danish Lord and Gotha an English Lady he suddenly fell down dead to the ground without speech or breath not being lamented nor desired by reason of his unwonted Taxes excesse and riot Yea so far were all sorts from bewailing him that in regard of their freedom from the Danish yoak which they attained ever since among the Common people the 8. of June the very day of his death is annually celebrated with open pastimes in the street as the old Romans kept their Fugalia for chasing out their King which time is now called Hoc-tide or Herextide signifying a time of scorning or contempt which fell upon the Danes by his death when he had voluptuously and oppressingly reigned over the English not full two years wanting ten dayes thereof Now here take special notice of Gods exemplary justice upon King Cnute the Danish Usurper and Invader of other mens Crowns and Kingdoms by treachery bloud war treason the murders of Edmund Ironside Pr. Edwin and Alfred and exile of the Royal posterity His base Son Harold dispossessed his Legitimate Son Harde-Cnute of the Crown of England contrary to his will and contract banished and spoiled his own Queen Emma of her Treasure and Jewels oppressed the people with Taxes and was soon cut off by death without any issue Harde-Cnute after his death digs up his Brother Harolds corps beheads and then throws it into the common sink Thames incurs Gods and his Peoples hatred by his Oppressions Taxes Luxurie and is taken away suddenly in the midst of his age without issue before he had reigned two years His Son Swanâ— to whom he bequeathed the Kingdom of Norwey which he got by treachery bribery force and the expulsion murder ol their rightfull pious King Olaus was expelled both out of Norwey and Denmark too by Magnus the Sonne of Olaus the English Army sent by Harde-Cnute to re-establish him in the Kingdom of Norwey routed in the field and so forced home thence with dishonour leaving Magnus in possession not only of Norwey but Denmark which he conquered and made Tributary to him Thus were all his three Sons within 8 years space after Cnutes death quite stript of all their three Kingdoms
acquired by war blood conquest treachery and the English and Norwegian royal lines restored to their rights and Crowns again What persons then in their right sences would impiously spend much treasure levied on the oppressed people by violence rapin uncessant Taxes Excises or shed much human Christian blood to purchase other mens Crowns Kingdoms which are not only full of cares and troubles but so unstable short and momentary in their fruition as is most evident by the Danish Intruders CHAP. V. Containing a Brief Historicall Collection of all the Parliamentary Councils State-Assemblies Historicall Passages and Proceedings that concern the Fundamentall Liberties Priviledges Rights Properties Laws and Government of the Nation under the reign of King Edward the Confessor from the year of our Lord 1042. to 1066. wherein he died KING Harde-Cnute being sodainly taken out of this world without issue by divine Justice on the 6 day of Iune Anno 1042. thereupon the Earls and Barons of England immediately after his death assembled together in a Great Council about the election of a New King Wherein OMNES ANGLORUM MAGNATES ad invicem tractantes DE COMMVNI CONCILIO ET JURAMENTO STATUERUNT QUOD NUNQUAM TEMPORIBUS FUTURIS ALIQUIS DACUS SUPER EOS IN ANGLIA REGNARET hoc maximâ— pro contemptibus quos Angli à Danis saepiuâ— acceperunt c. as the Chronicle of Bromton others informe us All the Nobles of the English treating together decreed by common advice which they ratified with an oath THAT IN TIMES TO COME NEVER ANY DANE or person of the Danish blood SHOULD REIGN OR BE KING OVER THEM IN ENGLAND ANY MORE disclaiming all Danish subjection that especially for the contempts which the English had very often received from the Danes For if a Dane had met an Englishmâ—n upon any bridge the Englishman must not be so hardy to move a foot but stand stâ—ll till the Dane was passed quite ever it And moreover if the Englishmen had not bowed down their heads to doe reverence to the Danes they should presently have undergoâ—e great punishments and stripes Whereupon King Harde-Cnute being dead the English rising up against them drove all the Danes being then without a King and Captaine out of the Realm of England who speedily quâ—tting the land never returned into it afterwards And here we may justly stand still a while and contemplate the admirable retaliating justice of God upon our Danish usurping Kings and their Posterity King Cnute as you heard before caused the temporizing English Bishops Nobles and Barons assembled in a Parliamentary Council against their oaths of allegiance to King Ethelred Edmund Ironside and their heirs no less then twice one after another to renounce cast off and abjure their regall Posterity to make them incapable of the Crowne of England and settle the inheritanceâ— of it upon him and his Danish blood Anno 1016. and 1017. And now in little more then twenty years after all the English Prelates and Nobles assembled in Council of their own accords by a solemn Decree and Oath abjure renâ—unce and eternally disinherit all the Danish blood-royall of the Crown of England and restore the Saxon English royall line to that soveraignty which they had formerly disclaimed such are the vicifâ—itudes of divine Justice and providence worthy our observation in these wheeling times wherein we live when no man knoweth what changes of like nature one day or year may bring forth The English putting their Decree for cashiering all the Danes in execution turned the mout of all the Castles Forts Garrisons Cities Villages thâ—oughout England as well those of the Royall and Noble blood as the vulgar sort and forced them to depart the Realm as they had formerly banished the English Princes and Nobles Procâ—reâ— igitur Anglorum â—am DACORUM DOMINIO LIBERATI The Nobles therefore of Engl. being thus freed from the Danes dominion for so much of God of his mercy and providence who is the maker of heirs thought good after the wofull captivity of the English Nation to grant them some respite of deliverance in taking away the Danish Kings without any issue left behinde them who reigning here in England kept the English people in miserable subjection about the space of 28 years and from their first landing in the time of King Brictâ—icus wasted and vexed this land for the space of 255 years their Tyranny now coming to an end by the death of Harde Cnute they thereupon assembling together in a great Council with a generall consent elected Prince Edward surnamed the Confessor the youngest and onely surviving son of King Ethelred for their King who ANNUENTE CLERO ET POPULO LONDONIIS IN REGEM ELIGITUR as Mat. Westminster relates whereupon Edward being then in Normandy where he had long lived in exile being a man of a gentle and soft spirit more appliable to other mens counsels then able to trust his own naturally so averse from all war bloodshed that he wished rather to continue all his life long in a private exiled estate then by war or blood to aspire to the Crown the Lords sent messengers to him to come over and take peaceable possession of the Kingdome of England they having chosen him for their King advising him to bring with him as few Normans as he could and they would most faithfully establish him in the throne Edward though at first he much doubted what course to stear somewhat mistrusting the treachery and inconstancy of the fickle headed English yet at last upon the importunity of the messengers who informed him melius esse ut vivat gloriosus in Imperio quà m ignominiosus moriaâ—ur in exiliâ— JURE EI COMPETERE REGNUM aevo maturo laboribus defaecato sciâ—â—ti administrare principatum per aetatem severè miserias Provinciâ—lium pro pristina aequitate temperare c. and upon putting in sufficient pledges and an oath given for his security he came into England with a small train of Normans where he was joyfully received by the Nobles and people Nec mora Gilingeam or rather Londoniam CONGREGATO CONCILIO rationibus suis explicitis regem effecit Dominio palam ab omnibus dato as Malmsbury or electus â—st in Regem ab omni populo as Huntindon and others expresse it After which on Easter day Apr 2. 1043. he was solemnly crowned King at Winchester with great pomp by Eâ—dsi Arch-bishop of Canterbury by the unanimouâ— consent of the Archbishops Bishops Nobles Clergie and people of England to their great joy and content without the least opposition war or blood-shed after 25 yeares seclusion from the Crown by the Danish usurpers Our Historians generally record that Bryghtwold a Monk of Glastenbury afterwards first Bishop of Wilton when King Cnute had banished and almost extinguished the whole royal issue of the English race almost past any possibility or probability of their restitution to the Crown which he had forcibly invaded
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 hâ— 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 had 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 Glocester 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 Abbey 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 Cnute's sisters 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 v 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 diutiâ—simam calumniam passus ab Abbatibus Burgi Elfrico Arwino Leofrico Abbatiae suae sedem amittens tandem succubuit proh nefas totum situm monasterii sui JUDICIO REGALIS CURIAE PERDIDIT Tantum tunc potuit super Iustitiam pecunia contra veritatem versutia in CURIA regis Hardecnuti 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 Fernoâ—us 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 alâ—edged That seeing Abbot Wulgat and his Monks did not serve God and S. Pega from thâ—t 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 monastâ—rium suum consequenter manâ—rium ad monasterium quondam pertinens similiter Edmerus miles dominus de Holbrok calumniam movâ—t contra eundem Abbatem monachos suos de manerio suo de Maksey Horsingus de Wathe calumniatus est pro Manerio suo de Badingâ—oÌ„ Siwardus Comes de Manerio 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 Monasteriâ— 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 extrema miseria fluctuarent misertus eorum piissimus Râ—x Edwardus omnes in suam curiam suscepit usquequo eiâ— 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 tamâ—n nonnulla quae gloriam temporum deturbarent Monasteria 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 Ioash 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 defended in his absence till his returne from Rome Upon which the Nobles after serious consultation considering the great inconveniences and perils that might beâ—all 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 nâ— 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 incâ—nveniences and perils that might bâ—fall 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 men in them put to the sword In the mean time Swane dealt very deceitfully with Earle Beorne intreating him to go with him to Sandwich to make his peace with the King who considering his consanguinity went to him attended onely with three men Swane treacherously sending him to Bosenham where his ships rode at anchor carried him on ship-board bound him in chains and at last slew and cast him into a pit After which two of his ships being taken by those of Hastings and brought to the King at Sandwich and 4 more of his ships being dismissed he sailed with two ships onely into Ireland till Ailred Bish of Worcest reduced and reconciled him unto the King The same year in the moneth of Aug. the Irish pirats with 36 ships arriving in the mouth of Severn by the help of Griffin King of Southwales burnt and pillaged many villages and put the inhabitants to the sword against whom Ailred Bish of Worcest with few of the inhabitants of Worcester and Hereford speedily marched but the Welshmen amongst them who had promised fidelity to them sending presently to their K. Griffin intreating him with all possible speed to fall upon the English thereupon he and the Irish pirats assaulting the English unexpectedly early in the morning slew many of them and routed the rest King Edward in the year 1051. released the English From the heavy tribute or Danegeld which Florentius Wigorniensis and Simeon Dunelmensis thus expresse Rex Edvardus Absolvit Anglos A gravi vectigali 38. anno ex quo pater ejus Rex Athelredus Danicos solidarios solvi mandavit c. quod eis pater suus propter Danicos solidarios imposuerat as Brompton renders it in another place Roger de Hunedon Annalium pars 1. p. 441. Rodolphus de Dâ—ceto Abbreviatione Chronicorum col 145. use the same words Ailredus Abbas Rievallis de vita miraculis Edwardi Confessoris Col. 383. thus relates it Insuper Tributum illud gravissimum quod tempore patris sui prâ—mo classi Danicae pendebatur Postmodum vero fisco regio Annis singulis inferebatur regia liberalitate remisit et ab onere hoc importabilt in perpeâ—uum Angliam absolvit Vnde sancto huic regi non inconvenienter aptatur quod scriptum est Beatus vir qui inventus sine macula qui post aurum non abiit nec speravit in pecuniae thesauris Post aurum non abiit quod potius dispersit nec speravit in thesauris quos in Dei opere non tam minuit quam consumpsit Matthew Westminster records it in these words Anno gratiae 1051. Rex Edwardus A vectigali gravissimo Anglâ—s absolvit quod patre vivente Danicis stipendiariis Triginto octo millia librarum solvi consuevit Henry de Knighton De eventibus Angliae l. 1. c. 9. fol. 233. 1. and Higden in his Polychronicon lib. 6. c. 24. f. 254. thus relate it Rex Edvardus absolvit Anglos a Gravi Tributo quod patur ejus Ethelredus Danicis solidariis solvi fecerat jam per 40. annos duraverat which Fabian in his Cronicle part 8. c. 210. p. 282. Graston in his Cronicle p. 170. Speed in his History p. 410. Holinshead and others thus expresse This King Enward discharged English men of the great and most heavy Tribute called Danegeld which his Father Ethelred had made them pay to the Souldiers of Denmark and had then dured 40. years So that after that day it was no more gathered Abbot Iuguphus Historiae pag. 897. thus records it more at large Eodem etiam Anno 1051. cum terra non daret solitâ fertilitate fructus suos sed fames plurimos habitatores devoraret in tantum ut bladuum carentia panis inopia multa hominum millia morierentur miserecordiâ motus super populum piâ—ssimus Rex Edwardus Tribufum gravisâ—mum quod Danigelo dicebafur omni Angliae in perpetuum relaxavit Ferunt quidam regem sanctissimum cum dictum DANIGELD cublcularii sui collectum in regis cameram infudissent ad videndum tanti Thesauri cumulum ipsum adduxissent ad primum aspectum exhorruisse protestantem Se daemonem super acervum pecuniae saltantem nimio gaudio exultantem prospexisse unde pristinis possessoribus jussit statim reddere de tam fera exactione ne jota unum voluit retinere quin in perpetuum remisit anno scilicet 38. ex quo tempore Regis Ethelredi patris sui Suanus Rex Danorum suo exercitui illud solvi singulis annis imperavit This History of the Devils dancing upon this Mony is thus more fully related by Roger de Honeden Annalinm pars prior pag. 447. Item de eodem Rege Edvardo quadam die contigit quod cum praedistus Rex Anglorum Edwardus Regninâ comite Haraldo deducentibus aerarium suum intravit ut pecuniam videret magnam quam Regina Comes Haraldus Rege ipso â—nesciente colligissent ad opus Regis scilicet per singulos comitatus totius Angliae de unaquaque hida terrae quatuor denarios ut Rex inde contra natale Domini pannos emeret ad opus militum servientium suorum cumque Rex intrasset aerarium suum comitantibus Regnia Comite Haraldo videt diabolum sedentem inter Denarios illos ait illi Rex quid hic facis cui daemon respondit custodio hic pecuniam meam dixit Rex conjuro te per Patrem Filium Spiritum sanctum ut indices mihi Quamobrem pecunia ista iua est respondens dixit ei daemon Quia injuste accquisita est de substantia pauperum Illi autem qui illum comitabantur stabant stupefacti audientes quidem illos loquentes neminem autem videntes praeter solum Regem ait illis Rex Reddite denarios istos illis a quibus capti sunt fecerunt sicut praecepit illis Rex which is likewise remembred by Capgrave Surius Ribadeniera and others in the life of King Edward the Confessor From all which relations compared together it is apparent First That Dangeld was a great most heavy and intolerable Tribute first imposed in King Ethelreds reign to pay the Danish Navy and Souldiers then invading England to keep them from plundering and spoiling the people 2. That King Swane the invading and usurping Dane after he had gotten the power of this Realm imposed it annualy on the English and made it any early Tribute to pay his Army 3. That the Danish succeding Kings continued and made it a kind of annual revenue to cloath and pay their Souldiers and Marriners for sundry years together 4. That it was yearly paid unto the Kings Exchequer and reduced to a certainty to wit four pence a year out of every Hide or plough land thorowout England or else twelve pence or two shilings a year as the laws of Edward the Confessor the black Book of the Exchequâ—r and Sir Henry
to banish and expell them From all these memorable Historical passages as we may observe the great unconstancy vicissitude and changes of earthly Princes favours worldly honours preferments and popular favour with the great inconveniencies of admitting or advancing forreigners to any places of trust or power under the King or Court so we may likewise conclude that by the Law of that Age. 1. That no Englâ—sh man ought to be condemned executed imprisoned or put to death upon any great mans bare suggestion no not by the Kings own speciall command which if given ought to be disobeyed in such cases but only by and after a Legall hearing tryall and conviction of the offence 2. That the Kings of England were then sworn and obliged to govern their people by good just and wholesome Laws and Customes not by their arbitrary pleasures powers or commands 3. That the Parliamentary Councels and Nobles in that age were very carefull to defend and maintain the Liberties Rights good Laws and Customs of the people and to prevent and abolish all unjust Laws and Encroachments repugnant to them 4. That Parliamentary Councels were then frequently summoned by the King upon all publique emergent occasions and differences and to make war and peace either at home or in forreign parts 5. That the Parliamentary Councels of that time consisted of the Earles Barons Nobles and Praelates of the Realme duly summoned to them without any mention of Knights or Burgesses elected and sent to them by the people of which there are no presidents in this Kings reign Enough to prove Modus Tenendi Parliamentum supposed to be made and observed in this age a meere cheating imposture of later daies as in truth it is 6. That all delinquents of what quality soever justly or unjustly accused ought to appear and justify themselves before the King and his Nobles in their Parliamentary Councels without armed Guards forces Tergiversation or resistance upon due suÌ„mons to appear before them by the Laws of that time 7. That Kings and great mens coming to Parliamentary Councels with Armies strong armed Guards and holding them with power or under Armies is inconsistent with their Liberty Priviledges and are an occasion of civill wars disturbances muchmischief to the Nation as then they proved 8. That English Peers then were and ought to be tried banished judged by their Peers both in Parliamentary Councels and other Courts 9. That no English Peer ' or Freeman could then be lawfully and judically banished the Realme but in and by sentence and judgement of a Parliamentary Councel for some contempt or offence demeriting such a punishment 10. That Peers and great men obstinately refusing to submit themselves to the triall and judgement of Parliamentary Councels or to appear in them or the Kings Courts to justify themselves without hostages fist given for their securiy may justly be sentenced and banished by our Parliaments for such contempts and affronts to justice 11. That the subjects were bound to ayd and assist their Kings as wel against Traitors Rebels Pyrates as against forreign enemies under our Saxon Kings 12. That forreigners are usually the greatest occasioners and fomenters of civil wars That such Incendiaries deserve justly to be banished the Nation And that civill wars between King and subjects English and English and their shedding of one anothers blood in such wars was then deemed most unnatural odious execrable by all prudent means and councels to be timely and carefully prevented and not to be begun or undertaken but by good advice and common consent in great Parliamentary Councels upon weighty urgent inevitable necessities 13. That the abolishing of ill and enacting of good Laws the removing of ill Counsellors and Instruments about Kings ordering matters of war and defence by Land and Sea and setling of peace were the antient proper works businesses imployments of our Saxon Parliaments 14. That the English Freemen have been always apt forwards cordially to joyn with such Nobles and Great men who are most cordial and active to defend their just Liberties Laws Rights against foreiners and others who invade them Soon after the forementioned agreement between the King and Godwin King Edward according to his forementioned promises to make good Laws for all his people out of all the former British and Saxon Laws by Order of his Wisemen compiled an universal common Law for all the people throughout the whole Realm which were called King Edwards Laws being so just and equal and so securing the profit and wealth of all estates that the people long after as Mr Fox and others record did rebel against their Lords and Rulers to have the same Laws again when suspended or taken from them or dis-used and prescribed this Oath to William the Conquerour himself and every of our Kings since to be solemnly taken at the time of his Coronation for the further ratification and better inviolable observation of these Laws and perpetuating them to all posterity SIR will you grant and keep and by your Oath confirm to the people of England the Laws and Customs granted to them by antient Kings of England rightfull men and devout towards God namely the Laws and Customs and Franchises granted to the Clergy and to the People by the glorious King Edward to your power To which the King must answer I will doe it before he be anointed or crowned King Now because these Laws of King Edward made by his Wisemens Counsel and advice as this Clause Sapientes caeperunt super hos habere consilium et constituerunt in the Chapter De illis qui has Leges despexerent implyes are so famous and fundamental most of our Common old Laws being founded on or resulting from them I shall give you this brief account of them out of our Historians as most pertinent to my subject matter and usefull for those of my profession to be informed of being generally not so well versed in Antiquity History and Records as were to be wished for the honour and lustre of their honourable publike calling pretermiting the grosse Forgery and Imposture of Modus tenendi Parliamentum so much cryed up by Sir Edward Cooke for its Antiquity and Authority as made and observed in Edward the Confessors reign when as it is a meer counterfeit Treatise and Spurious Antiquity scarce antienter than King Richard the 2. as I have proved in my Levellers levelled and Mr. Selden manifests in his Titles of honour pars 2. p. 713 738 to 745 yea it s own mentioning the Bishop of Carlisle which Bishoprick was not erected til the year 1132 or 1134. the Mayors of London which had no Mayor til the year 1208 and of other Cities with Knights and Burgesses usual wages all instituted long after the Conquerours reign the not mentioning of this Modus in any of our Records Histories or judicious Antiquaries and its difference from all the Modes and Forms of Parliaments and Great Councils of that or
later ages held in England or Ireland with the many falshoods and absurdities in it will sufficiently evidence it to every intelligent Peruser to be a late Bastard Treatise and no such Antient Record as Sir Edward Cooke most confidently averrs it upon groundless Reasons and bold false averments void of Truth Which Modus if really made and observed in his reign and after ages no doubt our Historians would have mentioned it as well as his Laws of which they give us this following account Henry de Knyghton records That King Edward after his Coronation Consilio Baronum et caeterorum Regni received established and confirmed the good Laws which for 68 years lay as it were asleep among the sleepers and buried in Oblivion These Laws are called the Laws of St. Edward not because he had first invented them but because they being as it were put under a Bushel and laid in oblivion from the time of his Grandfather King Edgar he put to his hand first to sind them out and then to establish them Wil. of Malmesbury thus writes of these Laws Omnes Leges ab antiquis Regibus maximè ab antecessore suo Ethelredâ— latas sub interminatione Regiae mulctae perpetuis temporibus observari praecepit in quarum custodia etiam nunc tempore bonorum sub nomine Regis Edwardi Iuratur non quod ille statuerit sed observaverit The Author of the antient Manuscript Chronicle of Litchfield and Mr. Selden out of him together with Roger Hoveden and Bishop Usher inform us concerning these Laws Ex illo die magna autoritate veneratae et per universum regnum corroboratae consecratae sunt prae caeteris regni legibus Leges Regis Edwardi quae quidem prius inventae constitutae fuerunt tempore Regis Edgari avi sui Veruntatem post mortem ipsius Regis Edgari usque ad Coronationem S. Regis Edw. quodcontinet annos 67 predictae leges sopitae sunt et penitus praetermissae Sed postquam Rex Edwardus in regno fuit sublimatus Consilio Baronum Angliae Legem 67 annis sopitam excitavit excitatam reparavit reparatam decoravit decoratam confirmavit confirmata vocata est Lex sancti Regis Edwardi non quod prius ipse invenisset eam sed cum praetermissa fuisset oblivioni penitus dedita à morte avi sui Regis Edgari qui prius Inventor ejus fuisse dicitur usque ad sua tempora videlicet 67 annis The Chronicle of Bromton col 956 957. gives us this large account of these and our other ancient Laws This holy King Edward the Confessor Leges communes Anglorum genti tempore suo ordinavit ordained common Laws in his time for the English Nation because the Laws promulged in former times were over-partial For Dunwallo Molmucius first of all set forth Laws in Britain whose Laws were called Molmucine sufficiently famous until the times of King Edward amongst which he ordained That the Cities and Temples of the Gods and the ways leading to them and the Ploughs of Husbandmen should enjoy the privilege of Sanctuary After which Marcia Queen of the Britons Wife of Guithelin from whom the Provinces of the Mercians is thought to be denouated publishâ—d a Law full of discretion and justice which is called Mercian Law These two Laws the Historian Gildas translated out of the British into the Latine tongue and so it was afterwards commonly called Merchenelaga that is The Law of the Mercians by which Law 8 Counties were formerly judged namely Gloucestershire Worcestershire Herefordshire Shropshire Chesshire Staffordshire Warwickshire and Oxfordshire After these there was superadded a Law written in the Saxon or English tongue by Ina King of West-Saxons to which Alfred King of the West-Saxons afterwards superadded the Law which was stiled West-Saxenelega that is the Law of the West-Saxons By which Law in antient times the 9 Southern Counties divided by the River of Thames from the rest of England were judged namely Kent Sussex Surrey Berkeshire Wiltshire Southampton Somersetshire Dorset and Devonshire At length the Danes dominering in the Land a third Law sprang up which was called Danelega that is the Law of the Danes by which Law heretofore the 15 Eastern and Northern Counties were judged to wit Middlesex Suthfolk Northfolk Herthfordshire Cambridgeshire Huntingdonshire Lincolnshire Nottinghamshire Derbyshire Northamptonshire Leicestershire Buckinghamshire Beddefordshire and Yorkshire which County of York heretofore contained all Northumberland from the water of Humber to the River of Twede which is the beginning of Scotland and is now divided into six Shires Now out of the foresaid three Laws Merchenelega West-Saxenelega and Danelega this King Edward set forth one common Law which even to this day is called the Law of Edward The like is recorded by Hygden in his Polychronicon l. 1. c. 50. Mr. John Fox in his Acts and Monuments vol. 1. p. 213 214. Samuel Daniel his Collection of the History of England p. 22. John Speed his History of Great Britain p. 410. Fabian Hâ—linshed Caxton Grafton and others almost in the self-same words These Laws are no where extant in any Manuscripts or printed Authors as they were originally compiled and digested into one body by him and his Barons but as they were presented upon Oath to and confirmed by King William the Conqueror in the 4th year of his reign of which Ingulphus Abbot of Croyland in the close of his History to which they are annexed in some Manuscripts gives us this account flourishing in that age Attuli eadem vice mecum de Londonâ—is in meum Monasterium Leges aequissimi Regis Edwardi quas Dominus meus inclytus Rex Willielmus autenticas esse et perpetuas per totum Regnum Angliae inviolabiliter tenendas sub paenis gravissimis proclamarat et suis Insticiariis commendarat eodem idiomate quo editae â—unt ne per ignorantiam contingat nos vel nostros aliquando in nostrum grave periculum contraire offendere ausu temerario regiam majestatem ne in ejus censuras rigidissimas improvidum pedem ferre contentas saepius in eisdem hoc modo These Laws are partly Ecclesiastical partly Civil recorded by Roger de Hoveden Annalium pars posterior p. 611. to 631 by Mr. Lambaerd in his Archaion Henry de Knyghton de Eventibus Angliae l. 2. c. 4. Spelmanni Concili p. 613. Mr. Iohn Selden ad Eadmerum Notae Spicelegium p. 172. to 195. Mr. Iohn Fox his Acts and Monuments vol. 1. p. 214. wherein those who please may peruse them In these Laws it is observable 1. That all capital corporal pecuniary punishments fines for criminal offences and all reliefs services and duties to the King are reduced to a certainty not left arbitrary to the King his lustices or other Officers for the Subjects greater liberty ease and security 2. That they protect preserve the Possessions Privileges Persons of the Church and Clergy from all
as well of the Temporalty as of the Spiritualty before he be crowned of the Archbishops and Bishops Three Servants the King ought to have under his feet as Vassals Fleshly Lust Avarice and Greedy desire whom if he keep under as his Seruants and Slaves he shall reign well and honourably in his Kingdom All things are to be done with good advisement and premeditation and that properly belongeth to a King For hasty rashness bringeth all things to ruine according to the saying of the Gospel Every kingdom divided in it self shall be desolate c. A clear evidence that our Saxon Kings had no arbitrary nor tyrannical power to condemn banish imprison oppresse or Tax their Subjects in any kinde against their Laws Liberties Properties And thus much touching King Edwards Laws Qui ob vitae integritatem Regnandi Iustitiam clementiam Legumque sive à se latarum sive ex veteribus sumptarum Equitatem inter Sanctos relatus est as Matthew Parker records of him In the year of Christ 1053. as many or 1054. as others compute it that old perjured Traytor Earl Godwin came to a most soddein shamefull exemplary death by divine justice which the marginal Historians thus relate and Abbot Ailred thus prefaceth Inserendum arbitror quomodo Godwinum proditionum suarum donatum stipendiis divini judicii ultrix ira consumpserit detestandique facinoris quod in Regem fratremque ejus coÌ„ miserat populo spectante ipsam quam meruerat poenam exolverat This Godwin being the Kings Father-in-law abusing his simplicity multa in regno contra jus et fas pro potestate faciebat did many things in the Realm against Law and right by his power and often attempted to incline the Kings minde to his Injustice At last his subtilty proceeded so farr that by fraud deceit and circumvention he banished out of the land almost all the Kings kinred and friends whom he had either brought with him or called out of Normandy as well Bishops as Clerks and Laymen of other dignities believing that all things would succeed according to his desires if the King deprived of all his friends should make use only of his Counsels But Edward dissembling all things in regard of time place and out of religion addicted himself wholly to divine duties sometimes predicting That divine Justice would at some time or other revenge so great malice of the Earl and telling Godwin himself so much Whereupon on a certain day when the King was celebrating the Feast of Easter at Winchester as most or at Windsor as some or Hodiam as others relate which feast was famous among the people the King sitting at his royal Table at dinner the Kings Cup-bearer Harold Godwins own Son as some record bringing the Kings cup filled with Wine towards the Table striking one of his feet very hard against a stumbling block on the pavement fell almost to the ground but his other foot going straight on recovered him again and set him upright so that he had no harm nor shed any of the wine Upon which many discoursing touching this event and rejoycing that one foot helped the other Earl Godwin who customarily sate next to the King at Table being his Father-in-law laughing thereat said by way of merriment Here a brother helped a brother as some or So is a Brother helping to a Brother and one assisting another in necessity as others report his words To whom the King upon this occasion ironically answering said Thus my Brother Alfred might have assisted me had it not been for Godwins Treachery who would not permit him Which Speech of the Kings Godwin taking over-grievously was sore afraid and with a very pale and sad countenance replied I know O King I know it hath been often reported to thee that I have sought to betray thee and that thou O King dost as yet accuse and suspect me concerning the death of thy Brother Alfred neither yet doest thou think that those are to be discredited who call me either his or thy Traytor or betrayer But let thy God who is true and just and knoweth all secrets judge between us and let him never suffer this piece of bread I now hold in my hand to pass down my throat without châ—aking me if I be guilty of any Treason at all against thee or had ever so much as a thought to betray thee Or if I be guilty of thy Brothers death or if ever thy brother by me or my counsel was nearer to death or remoter from life And so may I safely swallow down this morsel of bread in my hand as I am guiltlesse of these facts When he had thus spoken the King blessed the piece of bread whereupon Godwin putting it into his mouth swallowed it down to the midst of his throat where it stuck so fast that he could neither get it down nor cast it up by any means till through the cooperation of divine vengeance he was so choaked with it that his breath was quite stopped his eyes turned upside down his arms grew stiff being conscious to himself of what he thus abjured and so he fell down dead under the Table Deus autem justus et verax audivit vocem Proditoris et mox eodem pane strangulatus mortem praegustavit aeternam writes Radulphus de Diceto The King seeing him pale and dead and that divine judgement and vengeance had thus passed upon him said to those who stood by Dragg out of this dog this Traytor and bury him in the high way for he is unworthy of Christian burial Whereupon his Sonnes there present beholding this Spectacle drew him from under the Table into a Bedchamber ubi debitum proditoris fortitus est finem and immediately after they buried him privily in the old Monastery at Winchester without hononr or solemnity Abbot Ingulphus thus briefly relates the story of this his death Anno Domini 1053. cum Godwinus Comes in mensa Regis de nece sui fratris impeteretur ille post multa Sacramenta tandem per buccellam deglutiendam abjurabit buccella gustata continuo suffocatus interiit As this judgement of God upon Earl Godwin for murdering Prince Alfred right heir to the Crown and the Normans who accompanied him 17 years after the fact was most exemplary so Gods justice upon his posterity is remarkable which to omit their forementioned exiles troubles are thus epitomized by Will. Malmsb. Godwin in his younger years had the Sister of Cnute for his wife on whom he begat a Son who having passed the first years of his childhood whiles he was riding on a horse given to him by his Grandfather in a proud childish bravado giving him the spurr and rains the horse carried him into the swift stream of the River of Thames where he was drowned His Mother also was slain with the stroke of a thunderbolt receiving the punishment of her cruelty who was reported to buy whole droves of slaves especially
eum obtinendo minime potuit adimplere unde Willielmo 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 he 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 evasissâ— Hâ—stiles 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 derivaâ—ione geneali Rex ex conquestu dicitur tamen quod beatus Edwardus â—o 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 Bâ—itanniae 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 Innocents 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 forth 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 Danish Usurpers who for
the Sins of the English reigned for some years over them with rigour and were soon cut off by death CHAPTER 6. Comprising the Historical Passages relating to the Parliamentary Councils Lawes Liberties Properties Rights Government of England Anno 1066. under the Short reign of the Usurper King Harold till the Coronation of King William the First falsly surnamed The Conquerour though never claiming the Crown by Conquest but Title KIng Edward deceasing without any issue of his body to succeed him refusing all carnal copulation with his Queen either out of a vowed virginity as most Historians conclude or out of a detestation of Earl Godwins Trayterous race quod Rex Religiosus de genere proditoris haeredes qui sibi succederent corrupto semine Regio noluerit procreari as Ingulphus Matthew Westminster and others record thereby exposed the kingdom for a prey to the ambitious Pretenders aspiring after it Upon which consideration praesentiebant plures in ejus morte desolationem Patriae Plebis exterminium totius Anglia Nobilitatis excidium finem libertatis honoris ruinam as Abbot Ailred informs us The English Prelates and Nobles being then all assembled at Westminster to the solemn consecration of the Abbey were much perplexed and the generality of the people exceedingly grieved at his death For although he were Vir propter morum simplicitatem parum Imperio idoneus yet he was Deo devotus ideoque ab eo directus Denique eo regnante nullus tumultus domesticus qui non cito comprimeretur nullum bellum forinsecus omnia domi forisque quieta omnia tranquilla quod eo magis stupendum quia ita se mansuete ageret ut nec viles homunculos verbo laedere noscet Nam dum quadam vice venatum isset et agrest is quidem stabulata illa quibus in casses cervi urgentur confudisset ille sua nobili percitus ira per Deum inquit et Matrem ejus tantundem tibi nocebo si potero Egregius animus quise regem in talibus non meminisset nec abjectae conditionis homini se posse nocere putaret Erat interea ejus apud domesticos reverentia vehemens apud exteros metus ingens fovebat profecto ejus simplicitatem Deus ut posset timeri qui nesciret irasci No wonder then if his death were much lamented by all his Subjects cum omnes et in Rege cernerent unde gauderent et in se sentirent unde dolerent The English Nobility were much troubled and divided in their minds and affections which were wavering touching the election of a fit person to succeed him Fluctuabant Proceres Regni quem sibi Regem praeficerent et Rectorem Many of them favoured William Duke of Normandy as specially designed by King Edward to succeed him others of them inclined to Prince Edgar Atheling as the next and right heir to the Crown Cui de Iure debebatur Others of them favored Harold Earl Godwins son as being a person then of greatest Power and Valour in the Realm Anglia dubio favore nutabat cui se Rectori committeret incerta an Haraldo an Willielmo an Edgaro Nam illum pro genere proximum regno Proceribus Rex commendaverat Harold being a crafty subtil man knowing that delayes were hurtfull to those who were prepared on the very day of Epiphany whereon King Edward was buried having the command of all the Militia and forces of the Realm as General and Vice-roy to the deceased King by the strength of himself and his kinred and friends invaded and seized upon the royal Crown and then presently set it upon his own head crowning himself King without any Title Right or due Election by the Nobles or Coronation by the Bishops whereby he incurred the hatred both of the English Prelates and Pope and then extorted allegeance from the Nobles as William of Malmsbury Matthew Paris Ingâ—lphus Henry Huntindon Matthew Westminster the Chronicle of Bromton Knyghton Caxton Mr. Fox Speed and some others attest But Marianus Scotus Florent Wigorniensis Roger de Hoveden Sim. Dunelm Radulfus de Diceto Eadmerus Hygden Fabian Grafton with others write in favour of Harold that King Edward before his death made him not only his General but Vice-roy and ordained that he should be King after him Whereupon A totius Angliae Primatibus ad regale culmen electus he was elected to be King by all the Nobles of England and solemnly consecrated and crowned King by Aldred Archbishop of Yorke And so Juxta quod ante mortem Edwardus statuerat in Regnum ei successit Haroldus writes l Eadmerus That King Edward designed him for his Successor in the Crown seems very improbable because Harold himself never alleged nor pretended it in any of his Answers to Duke Williams Embassadors to him who claimed the Crown by his speciall bequest and designation in his life-time and because King Edwards hatred to Godwin and his Posterity seems inconsistent with it William of Malmsbury an impartial disingaged Author living in or near that time gives us this determination of these diffrent relations Recenti adhuc regalis funeris luctu Haroldus ipso Theophaniae die extorta a Principibus fide arripuit Diadema quamvis Angli dicant a Rege concessum quod tamen magis benevolentia quam judicio allegari existimo ut illi haereditatem transfunderet suam cujus semper suspectam habuerat potentiam Quamvis ut non celetur veritas pro persona quam gerebat regnum prudentiae fortitudine gubernaret si legitime suscepiscet Abbot Ingulphus living at that time thus relates his intrusion into the Throne against his Oath In crastino Regii funeris Comes Haroldus contrasuum statum jusjurandum contemptâ—r praestilae fidei ac nequiter oblitus sui Sacramenti Throno Regio se intrusit yet adds per Archiepiscopum Eboracae Aldredum solenniter coronatus Henry Huntindon thus records it Quidem Anglorum Edgar Adeling promovere vâ—lebant in Regem Haroldus vero viribus et genere fretus Regni Diadema invasit The Chronicle of Bromton and Knyghton thus give us the story of it Sancte Edwardo rege et Confessore mortuo quidam Anglorum Magnates Edgarum Adelynge filium Edwardi filii Regis Edmondi Ironside in Regem promovere moliebantur sed quia puer erat et tanto oneri minus idonâ—us et in bursa minus refertus Haroldus Comes viribus et genere fretus Cui erat Mens astutior crumena fecundior et miles copiosior et pompis gloriosior sinistro omine Regnum occupavit et contra Sacramentum quod Willielmo Duci Normanniae praestiterat Regni Diadema sinistro omine illico invasit et sic perjurus sancto Edwardo successit juxta quod idem Edwardus ut quidam aiunt ante mortem suam statuerat promissione quam idem Rex dum juvenis in Normannia extitit dicto Willielmo de succedendo post cum in regnum fecerat
sibi super hoc postea secundum quosdam solemnes nuncios ut praemittitur destinaverat non obstante Abbot Ailred thus registers Harolds usurpation and the sad events thereof Interea Haroldus Godwini filius Regnum Angliae quod secundum fidem Sacramenti debuerat servasse Willielmo Regis Edmundi consobrino sibi nec Iure debitum nec Natura irreverenter usurpans malum quod Angliae secundum Sancti Regis oraculum Dominus praeparaverat transgressione pacti et fidei acceleravit laesione Ut autem attenuati viribus facilius ab hiis quâ—s injustè provocaverat hostibus vinceretur suscitavit ei a parte aquilonis inimicos Haroldum cognomento Harfar Norwagenorum regem et Tostium fratrem sâ—um quem de Anglia ipse expulerat c. p Tho. Walsingham thus stories it Cujus regnum Haroldus continuo invasit ex fidelitate pejuratus quam Duci juraverat Ad quem Legatos direxit protinus hortans us ab hac vesania resipisceret et fidem quam juramento sposponderat cum digna subjectione servaret Sed ille hoc non solum audire contempsit verum omnem ab illo Anglorum gentem infideliter avertit Hygden in his Polychronicon l. 6. c. 28. Mr John Fox Acts and Monuments Vol. 1. p. 214. Mr. Cambden in his Britannia p. 145 146. Holinshed Sir John Hayward Sir Richard Baker affirm the like and incline to this opinion That Harold by his might power craft policy usurped and invaded the Crown without any right against his Oath I shall summ up all their Opinions in the words of Iohn Speed After King Edwards death the Statesmen perplexed for choice of a new Edgar Athelings title was worthy more respect than it found for him they held too young for government besides a stranger born scarce speaking English and withall the prophecies of Edward touching the alienation of the Crown the interest of the Danes and the claim of Duke William made both by gift and consanguinity bred great distractions of desires and opinions but nothing concluded for setling the State no man assuming or possessing the diadem because none had the power or right to adorn therewith his own head In this calm conference a sudden gale arose which blew all the sails spred for that wind into one port Harold son to Earl Godwin a man duly prizing his many worthy parts not unmeet for a Kingdom next Edward his Brorher-in-law in the kingdom courteous in speech and behaviour in martial prowesse the only man qui vivente Edwardo quaecunque contra eum bella incensa sunt virtute sua compressit cupiens se Pâ—ovincialibns ostentare in regnum scilicet spe prurienti anhelans as Malmsbury writes of him friended by affinity of many of the Nobles expected to be both sided and assisted if his cause came either to trial or voice seeing the time well fitted his entrance Swane King of Denmark most dreaded by the English being then intangled with the Sweden wars William the Norman that made claim from King Edward then absent and at variance with Philip the French King the friends of Edgar in Hungary and himself a Stranger over young for to rule all which concurrent made Harold without deliberation or order from the States to set the Crown on his own head regardlesse of all ceremony and solemn celebration for which act as a violater of holy rites he too too much offended the Clergy none either greatly applauding or disapproving his presumption except only for the omission of manner and form Harold having gotten actual possession of the Crown Marianus Scotus Florentius Wigorniensis Huntindon Hoveden Sim. Dunelmensis Radulphus de Diceto Hygden Fabian Graston Holinshed Cambden and Speed record that to ingratiate himself with the Clergy people He began to destroy evil Laws and Customs before used and stablished just and good Laws especially such as were for the defence of holy Church He likewise became a Patron of Churches and Monasteries respected and reverenced Bishops Abbots Monks and Clergymen shewed himself pious humble affable to all good men and hatefull to all Malefactors publickly commanding all his Dukes Earls Sheriffs and other Officers to apprehend all Thieves Robbers and Disturbers of the Realm himself likewise taking extraordinary paines and care for the defence and guarding of the Realm both by Land and Sea Whereunto John Speed superadds He remitted or diminished the grievous customs and Tribute which his Predecessors had raised a course ever powerfull to win the hearts of the Commons to Churchmen he was very munificent and carefull of their advancement and to grow more deeply in their venerable esteem he repaired their Monasteries especially that at Waltham which he sumptuously new built and richly endowed Moreover to satisfie such Nobles as affected young Edgar he created him Earl of Oxford and held him in special favour In brief unto the poor his hand was ever open unto the oppressed he administred Justice and all to hold that Crown upright which he had set on his own head with an unsure hand and deprived him of unto whom he was Protector But these Encomiums of his Justice and Government seem to me to be rather forged than real For how could he râ—form ill Laws and Customs and enact good Laws when King Edward had so newly and exactly done it before him that there was no need of such a reformation neither finde we the least mention of any Laws made by Harold Or how could he remit or diminish those grievous customs and Tributes which King Edward had totally remitted before him unless himself first revived them Or how could he court the Prelates and Clergy when as he refused to be consecrated by them for which he incurred their disfavour I rather therefore incline to the quite contrary Characters which other Historians give of him and his Government as most consonant to truth Henry de Knyghton though he recites what some forementioned write in his favour yet gives us this account of his proceedings himself Iste devenit nimis elatus et cupidus in collectione auri et argenti et thesaurorum nec aliquam uxorem ducere voluit vi oppressit filias Baronum Procerum atque Militum de reguo quod ipsi aegrè ferebant Et de Forestis suis tantam ferecitateÌ„ severitatem erga adjacentes Nobiliores exercuit quod quamplures adnihilavit et multos depauperavit Nec mirum quamvis ex hiis et aliis nimis odiosus devenit populis suis Et ideo pars Comitum et Baronum ad invicem conferebant dicentes ipsum non esse fortunae deditum nec verum esse Regem sed per intrusionem erectum et ideo infauste regere populum suum Et mandaverunt Willielmo Duci Normanniae ut in Angliam veniret eorum Consilio et Auxilio Ius Regni prosecuturus feceruntque ei fidelem securitatem veniendi et consensit And Matthew Westminster gives us this character of him
without reply vel veris vel veresimilibus argumentis perstricti Some of our Historians record That the Dukes Messengers upon their second Embassy admonishing him how religiously he had bound himself by Oath and that perjured persons should be sure to find perdition from Gods hands and reproachfull shame with men waived all other demands of the Crown and insisted only upon this That Harold should marry his Daughter which he had espoused according to his promise else he should certainly know he would by force of Armes challenge the succession of the Kingdom promised to him But this seems improbable because our other Historians conclude that his espoused Daughter was dead before this Embassie and Williams preparations and future Messages claiming the Crown resolve the contrary Abbot Ingulphus flourishing at that time gives us this sum of their Negotiation and Harolds answer thereunto Willielmus autem Comes Normanniae Legatos mittit foedera facta dicit pacta patefecit promissa petit aliquod justum medium confici requirit At Rex Haroldus Legatos vix auscultat foedera fracta negat pacta recusat promissa excusat omnia justà media oblata sufflat subsannat Cumque haec intermedia quorldie agerentur ac solum nunciorum cursus ac recursus tota aestate sine fructis consumerarentur The Embassadours returned empty bringing only Harolds unsatisfactory and scornfull Answers with them Wherewith Duke William being much inraged cast about how to recover that by right of armes which he could not gain by Treaty providing Ships Souldiers Mariners and all things necessary for an invasive war making choice of the tallest skilfullest and goodliest Souldiers he could select and of such Captains and Commanders as both in the Army and elsewhere seemed all of them to be rather Kings than Nobles And to set the better colour upon his pretended enterprise he sent to Pope Alexander acquainting him with the justice of his cause and the war he had undertaken his Embassadours setting them forth with all the strength of eloquence which Harold neglected to doe either through sloathfullness or diffidence of his Title or for fear William who strictly watched at Ports should intercept his Messengers The Pope having weighed the Title of both parties sent a consecrated Banner to William as an Omen of his right to the kingdom and good success taken in the enterprise Which having received Conventum magnum Procerum apud Lislibonam fecit super negotium singulorum sententias scissitatus Duke William called a Great Council of Nobles at Lillebon demanding every one of their opinions concerning this business Cumque omnes ejus voluntatem plausibus excipientes magnificis promissis animassent Commeatum Navium omnibus pro quantitate possessionum indixit Henry Huntindon Hygden Radulphus de Diceto Speed Daniel and others relate That the Lords of Normandie in this great Parliamentary Assembly taking Counsel amongst themselves what was best to be done in this expedition VVilliam Fitz-Osbert counselled to leave and forsake the war both for scarcity of fighting men and by reason of the strength valour fierceness and cruelty of the Enemies Whereof the other Lords being glad put their answer into his mouth resolving they would all consent to what he should say Who comming before the King said That he and all his men were ready and devoted to assist him in that enterprise and so were all the other Lords Whereupon all the Nobles of Normandy being thus unexpectedly surprized and bound by his words and promise provided themselves for the expedition In this Assembly of the Norman States a subsidy being propounded as the sinews to carry on this great undertaking it was answered That a former war with the French had impoverished much of their wealth That if new wars were now raised and therein their substance spent to gain other parts it would be there so missed as it would hardly be sufficient to defend their own That they thought it more safe for him to hold what he had than with hazard of their own to invade the territories of others That though the war intended were just yet it was not necessary but exceeding dangerous Besides by their allegiance they were not bound to military services in forein parts and therefore no payments could be assessed upon them Whereupon the wealthiest of all the people were sent for by the Duke and severally one by one conferred with shewing them his right and hopes of England where preferments lay even for the meanest of them only money was the want which they might spare neither should that be given but lent upon a plentifull increase With which words he drew them so on that they strove who should give most and by this means he gathered such a masse of money as was sufficient to defray the war Besides Fitz Osburne promised to furnish 40 ships at his own charge the Bishop of Bayon 40 the Bishop of Maus 30. and so others accordingly beyond their abilities And divers neighbour Princes upon promises of fair possessions in England assisted him both with Ships and Souldiers On the other side Harold to prevent his and the Danes invasions who likewise laid Title to the Crown provided ships and forces to oppose them both by Sea and Land and repairing to the Port of Sandwich appointed his Navy to meet him there which being there assembled he sailed with it to the Isle of VVight and there watched the coming of VVilliam into England with his Army all the Summer and Autumn placing likewise his Land forces of Foot in fitting places about the Sea coasts But at last the victuals of the Navy and land Army being spent they both returned home about the Feast of Sr. Mary Soon after Divine Providence to make the easier and speedier way for Harolds overthrow stirred up his own Brother Tosti the banished Earl of Northumberland to recover his Earldom and avenge himself of Harold who exiled him some think by Duke VVilliams advice they marrying two Sisters who coming with 60 some write 40 ships out of Flanders forced Taxes and Tribute out of the Isle of VVight took booties and Mariners to serve in his Navy on the Sea coasts of Kent whence he hoising sail fell foul on Lincolnshire where Morcar and Edwin Earls of Chester and Yorkeshire incountring him with their forces by Land and Harolds Navy by Sea with some loss of their men routed and drove him from thence into Scotland Where after some stay Harold Harfager King of Denmark after his conquest of the Orcades by Tosti his solicitation came into the River of Tine with 300. others write 500 ships where they both united their forces intending to subdue and conquer England then landing their Souldiers in Northumberland they wasted and spoiled the Country where ever they came Whereupon Earl Morcar and Earl Edwin with the inhabitants of the Country raised all the forces they could against them and giving them battel in a tumultuous manner were
routed by them many of them being slain in the field and the rest inforced to fly into York for shelter which the Enemies besieging was presently surrendred up to them and hostages delivered them after the slaughter of many Citizens Nobles and Clergy-men Upon this King Harold recollecting his disbandâ—d Army and Navy marched with all speed towards York against the Danes Norwegeans and his brother Tosti but coming to Hamford Bridge one valiant Dane with his Battle Axe slew 40 of his men and made good the Bridge against the whole Army for a long space till at last some going under the Bridge in a Boat slew him with a spear Both Armies joyning battel after a long and bloudy fight Harfager and Tosti with may other of Note were slain their whole Army routed all their Ships taken with the loss of many of the bravest English Souldiers and 20 of their Ships only permitted to depart into Denmark with their wounded men and Olaus Harfagers Son who to save his life took an Oath never from thenceforth to attempt any hostility or invasion against the English This victory Abbot Ailred aascribes to the merits of Edward the Confessor who promised to be the Captain and Protector of the English Nation against those Enemies who invaded the Realm contrary to right and Law and promised them the victory over them But Harold ascribing it to his own valour instead of rewarding his Souldiers with the spoils of the vanquished enemies as the price of their bloud out of a base unworthy a varice converted all the spoils and booty to his own private use giving no part of them to any other Wherewith many of the Nobles and common Souldiers were so incensed that detesting the covetousness of their Prince they unanimously departed from his service and refused to march with him against the Normans This triumphant victory so puffed up Harold that he thought himself secure in the Throne beyond the fear or reach of any adversity and instead of a King became a TYRANT Whilst Harold with all his Land and Sea forces were thus busied in the North of England Duke VVilliam in August assembled all his Land Army and Navy consisting of 900 ships at the Port of S. Valerie to invade England in the South then wholly destitute of all Guards by Land and Navy by Sea to resist his landing And to satissie his Souldiers and all others of the justice of his undertaking he alleged these three causes thereof which Henry de Knyghton devides into four The first was to revenge the cruel murther of his Cousin Prince Alfred King Edmunds brother and of the Normans who came with him to assist him to recover the Crown of England to which he was right heir whom Godwin and his Sons had shamefully dishonoured treacherously betrayed and barbarously murdered which fact he ascribed principally to Harold The second was because Godwin and his Sons by their cunning had injuriously banished Robert Archbishop of Canterbury Earl Odo and all the French and Normans out of England which wrong he would revenge on Harold as done principally by his means and labour The third and chief ground was because Harold falling headlong into perjury had without any right usurped the Crown and Realm of England which of due belonged unto him both by right of Kinred to and gift by King Edward his Nephew and by Harolds own solemn Oath and promise made to him in Normandy to preserve the Kingdom for his use after King Edwards death without children according to King Edwards command While Duke William with his ships and Army lay many days together at S. Valerie expecting a fair gale for England the winds being cross many of the common souldiers there lying in Tents thus muttered one to another That the man was mad who would by force invade and make another mans Country and Realm his own That God did fight against them in withdrawing the winds That his Father attempted the same thing in the same manner and was hindered and inhibited therein That it was fatal to his family that aspiring to things above their power they should find God opposite to them These speeches bruted abroad which might enfeeble the strength and ahate the courage even of valiant men The Duke thereupon taking Counsel with his Senators caused the Corps of St. Valerie to be brought forth to procure a wind presently a prosperous gale filling their sayles the Duke himself first took ship and launched forth and all the rest after him then casting Anchor till the Fleet came round about him they all sailing with a gentle course landed at Hastings and Pevemsy The Duke stepping forth of the ship upon the shore one of his feet slipped so that he fell down into the mud one of his hands being filled with sand whch he interpreted as an ill omen and sinister event But one of his Souldiers who stood next him lifting him up from his fall whiles he held the mud in his hand changed this event into a better interpretation saying Most happy Duke thou already possessest England and plowest it up Behold the land is in thy hand Lift up thy self with good hope thou shalt be King of England ere long No sooner was the Army landed m but the King strictly charged them to forbear plundering and take no booties seeing they ought to spare the things that should be his own nor to wrong any of their persons who should ere long become his Subjects Richard Vestegan records out of a French Historian that Duke VVilliam the same day he landed in England caused divers of his chief Officers and Friends to dine with him and chancing at dinner to talk of an Astrologer who by the conjunction of the Planets had assured him at St. Valerie That Harold should never withstand him but submit himself unto him and yeeld him faith and homage willed now that the said Astrologer should be brought unto him whom he had caused to be imbarqued for that voyage But it was told him that the Ship where in the said Astrologer sailed was cast away at Sea and he drowned in it Whereunto the Duke replyed That man was not wise who had more regard to the good or ill fortune of another than unto his own I am now thanks be to God come over I know not how the rest will succeed How false this Star-gazers prediction proved the sequel will manifest Duke VVilliam after his arrival rested quietly 15. days without acting any thing as if he minded nothing less than war After which to cut off all occasion or hopes of return from his Souldiets he fired all his ships or as some write drew them all a shore and intrenched them as others erecting only a Castle on the shore for a retiring place for his Souldiers if need were From Pevensy he marched to Hastings where he built another Fort. Henry de Knyghton records that the first night he lodged in England in his
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 Peeâ—s and with the Citizens and Mariners of London they all resolved to crown and set 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 Country 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 intrude 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 Wulstanc 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 fitter 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. o 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 exhor resceret 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 ipâ—um tamen nunquam cordialiter amavit Thomas Sprot William Thorne and out of them Matthew Parker Mr. Lambard Mr. Cambden Godwin Stow and
Normannorum annis Clerici literatura tumultuaria contenti vix Sacramentorum verba balbutiâ—bant stupori et miraculo erat caeteris qui grammaticam noscet Monachi subtilibus indumentis et indifferenti genere ciborum regulam ludificabant Optimates gulae venerii dediti Ecclesiam more christiano mane non adibant sed in cubiculo et inter uxorios amplexus matutinorum solemniâ— et Missarum a festinante presbytero auribus tantum libabant Vulgus in medio expositum praeda erat potentioribus ut vel eorum substantiis exhaustis vel etiam corporibus in longinquas terras distractis acervos thesaurorum congererent quamvis magis ingenitum sit illi genti commessationibus quam operibus inhiare Illud erat a natura abhorrens quod multi ancillas suas ex se gravidas ubi libidini satisfecissent aut ad publicum prostibulum aut ad aeternum obsequium vendicabant Potabatur in commune ab omnibus in hoc studio noctes perinde ut dies perpetuantibus parvis abjectis domibus totos sumptus absumebant Francis Normannis absimiles qui amplis superbis aedificiis modicas expensas agunt Sequebantur vitia ebrietatis socia quae virorum animos effaeminant Hinc factum est ut magis temeritate et furore praecipiti quam scientia militari Willielmo congressi uno praelio ipso perfacili servituti se patriamque pessundederint Ad summam tuno erant Angli vestibus ad medium genu expediti crines tonsi barbas rasi armillis aureis brachia onerati picturatis stigmatibus â—utem insigniti in cibis urgentes crapulum in potibus irritantes vomica Et haec quideÌ„ extrema victoribus suis participarunt de caeter is in eorum mores transeuntes Sed haec mala de omnibus generaliter Anglis dicta intelligi nolim Scio clericos multos tunc temporis simplici via semitam sanctitatis trivisse Scio multos Laicos omnis generis conditionis in hae eadem gente Deo placuisse facessat ab hac relatione invidia non cunctos pariter haec involvat calumnia Verum sicut in tranquillitate malos cum bonis fovet plaerumque Dei serenitas ita in captivitate bonâ—s cum malis nonnunquam ejusdem constringit severitas I have insisted more largely upon the Historical part of Harolds usurpation perjury short and troublesom reign tragical death Duke Williams claims to and manner of acquiring the Crown of England for this reason especially To refute the common received Error of some ignorant Historians of many illiterate Statists and Swordmen of this age and of sundry temporizing Ignoramusses of my own robe who publickly averr in their Pamphlets Speeches Charges and Discourses that Duke William claimed and obtained the Crown of England only as a Conqueror and thereupon altered the antient Laws Customs of the Realm and gave New Laws unto it by his own absolute power as a Conqueror thereof Upon which false Ground they inferre That those in late and present Power coming in by the same Title of Conquest may lawfully give new Laws to impose what Taxes Government they please upon the English as well as Scotish and Irish as a meer conquered Nation by their own inherent authority seeing by the Laws of Warr regularly all Rights and Laws of the place and Nation conquered be wholly subject to the Conquerors will And hereby they justifie all their late Impositions Taxes Excises Sequestration Seisures Sales of all the publike revenues of the Nation and many thousand private mens Estates by their Westminster and White-Hall Ordinances Edicts with the changes of our Government new-modellings of our Parliaments and all other irregular proceedings destructive to our Fundamental Rights Laws Liberties Government which they formerly covenanted inviolably to maintain without grant or consent by any free full lawfull English Parliaments Now to demolish all these their superstructures by subverting their false Foundation of D. Williams pretended Title to the Crown of England only by Conquest It is most apparent by the premised Historical Authorities 1. That King William alwayes claimed the Crown of England both before at and after his Coronation as of right belonging to him by the promise gift contract gift and bequest of Edward the Confessor and as his heir and next kinsman by the Mothers side 2. That he alleged this gift and grant of the Crown to him to be made with the consent of the Archbishops of Canterbury Earls Godwin Syward and other Nobles of the Realm ratified by special Messengers sent unto and Hostages delivered him for its performance and by Harolds own solemn agreement and Oath sent to him by King Edward for that purpose as himself at least suggested to him which designation and grant of King Edward to William was no fiction but a truth confessed by all our Historians and Harold himself who by his answers never denyed but only endeavoured to evade it and voluntarily acknowledged by all the Nobles of England both at his Coronation and in Parliament it self in the 4. year of his reign 3. That after King Edwards decease divers of the Nobles would have elected William King in pursuance hereof but that Harold perjuriously usurped the Crown by meer force and power without the least right unto it or any election by the Lords or people setting the Crown on his own head the very day King Edward was interred and thereby prevented Williams election to it 4. That hereupon divers of the Nobles Prelates and other English sent private Messengers to William into Normandy to come and demand his right to the Crown as due unto him promising hostages and their assistance to recover it 5. That thereupon he sent Embassadors twice or thrice to Harold one after another before his landing insisting on his meer right and Title to the Crown to gain it by parly without effusion of bloud 6. That upon Harolds obstinacy he appealed to the Pope and to all his Nobles assembled in a Parliamentary Council for the justice of his Title and Right to the Crown who declared his Title Lawfull and Just and thereupon encouraged assisted him all they could to regain it by force of arms from the Usurper Harold who would not otherwise depart from it 7. That immediately after his landing he made claim unto it only by the foresaid Right Title and thereupon prohibited his Souldiers to plunder the Country or hurt any of the Inhabitants as being his by right 8. That very few of the English Nobility or Nation would march or engage with Harold against William and sundry withdrew themselves from the battel as conscious of Harolds usurpation perjury and Williams just cause against him however other causes were then pretended and amongst the rest his own Brother-in-laws the greatest Peers of the Realm Earl Morcar and Edwin deserted him in the fight 9. That after the first battel won and Harold slain all the Prelates and Clergy generally except Abbot Frederick appeared for
him and would not consent to set up Edgar though right heir 10. That after good deliberation all the Nobles Prelates Londoners and others who first appeared for Edgar with the greatest part of the Clergy people of the English Nation without the least fight or resistance or before any siege or summons from him together with Prince Edgar himself voluntarily went out and submitted themselves sware faith and allegeance to him as their Soveraign at Berkhamsted and after that joyfully received him with highest acclamations as their lawfull King at his entry into London 11. That all the Prelates Clergy and Nobility soon after without any coercion upon his foresaid right and Title freely elected and solemnly crowned him as their lawfull King in a due and accustomed manner and then did Homage and swore new Allegiance afresh unto him as their rightful Soveraign 12. That he took the Ordinary Coronation Oath of all lawfull Kings to mainitan and defend the rights persons of all his people to govern them justly c. as became a good King which a King claiming by meer conquest would never do All these particulars are undeniable Evidences that Duke William never made the least pretence claim or title to the Crown and Realm of England only as an absolute Conqueror of the Nation but meerly by Title as their true and lawfull King by designation adoption and cognation seconded with the Nobles Prelates Clergy and peoples unanimous election And although it be true that this Duke ejected Harold and got actual possession of the Throne and Kingdom from him by the sword as did Aurelius Ambrosius and others before and King Henry the 4. Edward the 4. Henry the 7. with others since his reign yet that neither did nor could make him a King by conquest only no more than these other Princes seeing the end of this warr was not against the whoie English Nation the greatest part where of secretly abbetted his interest but only against the unjust Usurper and Intruder King Harold and his adherents not to create a Title to the Realm by his and their Conquest but to remove a Usurper who invaded it without and against all right and to gain the actual possession thereof by arms from which he was unjustly withheld by force against those pretended lawfull Titles which he made So that he got not the Right Title but only the actual possession of the Crown by his Sword not as a universal Conqueror of the Realm without right or Title but as if he had been immediate heir and lawfull Successour to the Confessor who designed him to succeed him For fuller confirmation whereof I shall here subjoin these ensuing proofs 1. King William himself at his very Coronation in London as Mr Cambden informs us said That the kingdom was by Gods providence appointed and by vertue of a gift from his Lord and Cosen King Edward the glorious granted unto him and that this most bounteous King Edward had by adoption ordained him his heir in the kingdom of England 2ly In his Charter to the Church of Westminster he resolves us much in direct terms where he recites In ore gladii Regnum adeptus sum Anglorum devictâ— Haroldo rege Cum suis complicibus qui mihi Regnum cum providentia Dei destinatum beneficio concessionis Domini Cognati mei gloriosi Edwardi CONCESSUM conati sunt auferre c. So that his Title was from Edward though his possession by the sword 3ly In the very Title of his Laws published in the 4th year of his reign which he was so far from altering that he both by Oath and Act of Parliament ratified confirmed all the Laws and Customs of the Realm used in the Confessors time and before presented by a Grand Enquest unto him out of every County of England upon Oath without any alteration praevarication or diminution he stiles himself or is stiled by the Collector of these Laws HEIR AND COSEN TO Edward the Confessor even in the ancient Manuscript which Sir Henry Spelman hath published Incipiunt Leges S. Edwardi Regis quas in Anglia tenuit quas WILLIELMUS HAERES cognatus suus POSTEA CONFIRMAVIT To which I shall likewise subjoyn the words of the Charter of his Sonn King Henry the 1. Anno 1108. translating the Abbey of Ely into a Bishoprick wherein he gives his Father William the self-same Title Ego Henricus providente divina clementia Rex Anglorum Normannorum Dux Willielmi magni Regis filius QUI EDWARDO REGI HAEREDITARâ—O JURE SUCCESCIT IN REGNUM renouncing all Title by conquest and claiming only as Heir to King Edward by Hereditary right 4ly Earl William himself in none of his Charters Writs Speeches Writings ever stiled himself a Conquerour of England nor laid claim to the Crown and Realm of England by Conquest after his inauguration which Title of Conqueror was afterwards out of the flattery or ignorance of the times given unto him by others Therefore the words which the History of St. Stephens in Caen in Normandy reports he used at his last breath The Regal Diadem which none of my Predecessors ever wore I got and gained by the Grace of God only I ordain no man heir of the Kingdom of England which all our Historians unanimously contradict affirming that he ordained VVilliam Rufus his second son particularly to succeed him in it at his death upon which Title only he enjoyed it but I commend the same to the eternal Creator whose I am in whose hands are all things For I became not possessor of so great honour by any hereditary right but by an humble conflict and with much effusion of blood I took it from the perjured King Harold and after I had either slain or put to flight his favourits and Servants I subdued the kingdom to my self must either be reputed false and fabulous as most esteem them or else have this construction that he gained the actuall possession of it against Harold and his adherents only by the Sword and that he had not an hereditary right thereto as next heir by descent to the Crown but only by adoption from and as heir by donation to King Edward as next of kin by the Mothers side which he made his only Title 5ly Those antient English Historians who first gave him the name of Conquerour did it not in a strict proper sence as if he were a meer universal Conquerour of the Nation disposing of all mens Estates persons and the Laws of the Realm at his pleasure for that he never did but only as one who gained the actual possession thereof from a perjured Usurper and his forces by strength of arms conquering them by open battel in the field but still claiming it by gift contract and designation from King Edward as his Kinsman as an heir who forcibly outs a disseisor and intruder comes in by Title and Inheritance only 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 tansoribe 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 〈◊〉 out of Parliament as Harâ—ld in his answers alleged yet being ratified ex parte 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 fealty 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 soised 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 flattery of the time was after given him he shewed by all the course of his Government he assumed it not introducing none of those Alterations which followed by violence but by a mild gathering upon the disposition of the State and the occasions offered and that by way of reformation And although Sir Hen. VVotton gives this verdist of them VVe do commonly and justly stile him the Conquerour For he made a general conquest of the whâ—le 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 and to govern them justly according to
invading and purchasing the Churches antient Lands Glebes Tithes and Inheritance they may demerit the Name and praise of Saints as well as Ceadwalla who before he came to the Crown as he was unjustly banished from his Country through the envy of others only for his vertues and worthiness which first caused him to take up armes and invade the South-Saxons two of whose Kings he slew successively in the field after which he twice invaded and afflicted Kent with grievous wars taking advantage of their civil discords wherein he shed abundance of Christian blood So when he had reigned but two years space after all his victories out of meer devotion he voluntarily left his Crown Kingdom Conquests and went in Pilgrimage to Rome where he was baptized to be wail and expiate the guilt of all his former wars bloodshed plunders rapines perplexing his Conscience and there died The first Charter and grant I find extant of any Lands given to the Church after those of Ethelbert King of Kent forecited is that of King Eadbaldus his Son and successour Anno Dom. 616 who being by Gods mercy through the admonition of Archbishop Lawrence converted from the pravity of his life for the Salvation of his soul and hope of a future reward gave to Christ-Church in Canterbury and to the family serving God in that Church his Lands called Edesham with the Fields Woods Pastures and all things thereunto of right appertaining free from all secular 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 aforesaid and Kendritha his wife of 4 plough-Lands to Archbishop Theodor and the Family of Christ-Church in Canterbury free from all secular services but those 3 forementioned An. 687. of Withrid King of Kent Anno. 694 of King Offa An. 774. of King Edmund An. 784. of King Kenewlfe An. 791 814 815 822. of King Wilof An. 829. of King Athulfus An. 832 833 834. of King Ethelstan An. 927 940. of King Edred An. 941 948 949. of King Egered An. 979 980. and of King Cnute An. Dom. 1016. To pretermit others of this kind All which Grants being for the most part only of their own private Lands gotten by Purchase or Conquest not of the Lands or Demesnes of their Crowns passed by their own Charters alone without any confirmation or assent of their Nobles in a Parliamentary Council not mentioned at all in them But no grants of any Lands Rents or Revenues 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 Ecclesiasticae 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 Deacone Dukes and Earls to a great Council at Beccanceld or Baccanceld as others write it where consulting all together concerning the State of the Churches of God within that Realm how they might establish and perpetuate to them to the end of the
World those Lands and Revenues which their pious Kings and Ancestors had granted and appropriated to God and his Church as their perpetual inheritance without substraction or diminution They thereupon enacted decreed and in the name of God Almighty commanded that all their successours both Kings and Princes with all other Laymen whatsoever should not invade the 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 witnesse this Clause of the Charter and exemption then confirmed ab omni debito vel pulsatione Regalium Tributorum nisi suâ spontaneâ 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 Anno Dom. 700. this king Withred unâ cum consensu Principum meorum together with the consent of his Nobles and Bishops who subscribed their names to his Charter granted to the Churches of God in Kent that they should be perpetually freed ab omni exactione publica tributi atque dispendio vel laesione à praesenti die tempore c. From all publick exaltion of Tribute and from all dammage and harm rendring to him his posterity such honour and obedience as they had yeelded to the Kings his antecessors under whom Justice and Liberty was kept towards them About the year of our Lord 678. Wilfrid Archbishop of York being in a Council unjustly deprived of his Bishoprick by Theodor Archbishop of Canterbury who envied the greatness of his Wealth Power and Diocess which he would and did against Wilfrids will in that Council divide into 2 more Bishopricks was after that time exiled the Realm through the malice of Egfrid king of Nortbumberland and Emburga his Queen whom he would have perswaded to become a Nun and desert her Husband as some Authors write and others deny in his favour without any just and lawfull cause and after that about the year 692. being again deprived of his Bishoprick and right by the Judgement and sentence of another Council held under Aldrid king of Northumberland and Bertuald Archbishop of Canterbury he thereupon made two successive appeals to Rome against their two unjust sentences as he conceived them The first to Pope Agatho and a Council of 150 Bishops held under him who decreed he should be restored to his Bishoprick and make such Bishops under him by advice of a Council to be held by him as he should deem meet with which decree against his first sentence he returning from Rome to king Egfrid to whom he delivered it sealed with the Popes Seal the king upon sight and reading thereof in the presence of some of his Bishops tantùm à reverentiâ Romanae sedis abfuit was so far from obeying this Decree of the Roman See that he spoiled Wilfrid of all his Goods and possessions and committed him prisoner to a barbarous and cruel Governour who thrust him into a dark dungeon for many days and after that committed him to another more cruel Gaoler than he called Tumber who endeavoured to put him into Fetters by the Kings command which he could no ways fasten upon his Legs but they presently fell off again through a Miracle Whereupon wickedness giving place to Religion he was loosed from his Bonds detained in free custody and afterwards released but not restored After which about the year 693. he appealed again to Pope John against the proceedings of the second Council which refused to re-admit him to his Archbishoprick unless he would submit to the decrees of Archbishop Theodore and Brithwald his successor which he refused to do unless they were such as were consonant to the decrees of the holy Canons which he conceived theirs not to be because they would order him to condemn himself without any Crime objected to him Upon which appeal this Pope with his Bishops pronounced Wilfrid free from all Crime and ordered him to return to his Aâ—chbishoprick writing Letters to Ethelred King of Mercians and Alfrid King of Northumberland to restore him thereunto Alfrid receiving the Popes Letters by Wilfrids Messengers altogether refused to obey the Popes commands in this Case saying Quod esset contra rationem homini jam bis à toto Anglorum Concilio damnato propter quaelibet Apostolica scripta communicare That it was against reason to communicate with a man already twice condemned by the whole Council of the English Nation for any writings of the Pope so little were the Popes authoritie and decrees then regarded in England contradicting the kings and English Councils proceedings neither would he restore him all his life After his death Edulfe usurping the Crown by Tyranny Wilfrid repaired to him to restore him to his Archbishoprick upon this account of the Popes Letters Whereupon he was so inraged with him for it though formerly his great friend that he presently commanded him to depart the Realm forthwith unless he would be spoiled of all his goods and cast out of it with disgrace But this Usuper being deprived both of his Realm Crown and Life in little more than 3 Months space and Osred son of king Alfrid being restored to the Crown by the Nobles as right heir thereunto at last Wilfrid was re-invested in his Bishoprick by the decree of a Council held under him in Northumberland at a place called Nidden An. 705. not so much in obedience to the Popes command as king Alfrids attested by Elfleda his Sister then Abbess of Streneshash witness these words of Berfride Ego jussionibus Papae obediendum censeo praesertim cum eorum robori accedat Regis nostri Jussio nostrae necessitatis sponsio c. Puer in Regem levatus hostis abactus Tyrannus extinctus est igitur Regiae voluntatis ut Episcopus Wilfridus revestiatur Upon which he was accordingly restored whereupon all the Bishops embraced him and reconciled themselves to him This Bishop Wilfrid procured to the Church of Hagustald which he founded and was Bishop thereof many privileges and that for one miles circuit round about none should be arrested going or coming but injoy inviolable peace Quod institutum authoritate privilegiis Romanae sedis Apostolicorum Archiepiscoporum Episcoporum Regum Principum
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 Counsels he was afterwards wholy guided and built no less than 47 new Monasteries for the Monks besides all those he repaired intending 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 replenishing 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 perceiâ—ing that all the wealth of the Land was crept into Monasteries not only refrained to bestow 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-stuft Plate Records and the Treasures of all the Realm with all the Magazines he had gotten to Dunstans custody and â—aid them up in the Monastery at Glastonbury 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 forcibly 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 content 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 exoroitant 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 fort 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 speedily 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 restitution 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 lustfully 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 Opposites 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