finde that Egbert who was an vnder Kyng in West Saxons was expelled by Brithricus the King there and fled into Fraunce but Brithricus being poysoned by his wife Ethelburga Egberte retourned and obtayned the whole principality the yere 793 others say 802 and withal brought the most parte of England vnder his obeysance tamed the Welchmen and toke from them Chester by meanes of which his good fortunes he called a counsel of hys Lordes at Wynchester and by their aduises and agreements was crowned kyng and chiefe Lord of the land whervpon he sent forth commaundemente thorowe out his country straightlye charging the people thenceforth to bee called Angles and no more Britains and the kingdome Anglia and not Britaine In the yeare 800. some accompte thirteene lesse the Danes being also Paynims firste entred this region according to the most The Danes inuaded the seconde tyme the yere 838 Athelwolph raygning who of himselfe first graunted the tyth of corne Hey and Cattel to the cleargy And after toke such fast footing as they continually infested this Iland with cruell wars vsurpation and conquest til the death of Hardicanutus or Hardiknought the last king of that breed 1034 some accompt two sewer Alured alias Alphred before spoken began to gouerne the West Saxons who beyng a most iuste Prince very wel learned and carefull for the makyng and execution of good lawes collected and caused to be brought into the Saxon or English tong al such as by the kings his forgoers were stablished selecting out of them such as were thought most fit for the gouernement confirming them and secluding the rest reciting many of the commaundements and precepts giuen by God to Moyses and the message that the apostles and elders sent to Antiochia Siria and Cilicia by Saint Paul Barnabas Iudas and Silas touching the diuerting of themselues as we haue it in the Acts of the Apostles and also by the assembly and conference of the Bishoppes and other noble and wise counsellours diuers money penalties and others were appointed and the same not onely declared in their sermons but also put in writing He proceedes in the beginning of such as are allowed by him In haec verba These decrees and ordinaunces I Alured King haue gathered together and caused to be written a greate parte whereof our auncestours haue carefully kepte with manye other that I haue thoughte worthye in this our age to be helde and maintained with the like obseruation other some which I haue thought not to be so needful I haue with the conference of considerate couÌ„sellors in parte abrogated and partly established And bycause it maye seeme a pointe of too much rashnesse of a mans owne heade to adde any thing more also that it is vncertaine what credite our posteritie will giue thereto which we make greate reconing of what euer I haue founde worth the regarde in the Actes of my kynnesman and countryman Inas of Offa the King of Mertia or of Ethelbert the first christened of the Angles I haue brought together omitting the rest And in the consultation of them I Alured King of West Saxons haue vsed the couÌ„sell of the grauest of our people to al the whiche I haue commanded that the same be executed and kept Moreouer in this kings time Gutteron alias Gowthram alias Gythrun alias Gurmund of some named king of Danes by some king of Denmarke ariued in this land and sometime hauing the better in armes and sometyme put to the worse was at the last christened and named by Alured Athelstane the yere 878 to whom he gaue the kingdome of East England with the gouernemente of Saint Edmundes kingdome and also some write NorthumberlaÌ„d with whome making league and agreing in the confynes of their countries beginnes in this manner The truce aliaunce which Alured and Guthrun kings haue agreed by the aduise of the wise of the English nation and of all the inhabitauntes of East England to the which they not onely for themselues but also for their children to come are sworne Edward the first before the conquest called Edward the elder his eldest son beginning to raigne next after him the yeare 900. made and confirmed also certain lawes the first chapter wherof is intituled Of controuersie and iudgement and goes thus 1 king Edwarde do againe and againe commaunde all those who beare office in the common wealth that they beare themselues asmuch as in them lies iust â—udges to all men as it is written in the Iudiciall booke without feare boldely and freely to declare the common lawe and do appoint denounced daies wherein they will deale in euerye question and controuersie This Edwarde also confirmed the league with the fornamed Guthrun the Dane in this maner adding also to the former decrees by equal coÌ„sents these bee the councels institutes and ordinaunces whiche firste Alured and Guthrun then Edwarde and Guthrun kings at those dayes were agreed on when both the Danes and English accepted the treaty of peace Athelstane King Edwardes eldest sonne by whose prowesse and valure it is affirmed thys lande was reduced into one Monarchie againe and layde so sore too the Danes that since their first landing they were neuer so harde driuen did also constitute certaine lawes and ordinances beginning them wyth these wordes Athelstane King by the councel of the graue father Vlfhelme Archbishop and other my Bishops do wil and commaunde to al officers and such as haue charge of Iustice. 1 Athelstane king giue notice to all put in authority in our dominioÌ„s that with the aduise of Vlfhelme Archbishop and other Bishops and seruaunts of god haue ordered and set fourth In the ende of all he closeth with these woordes These be the ordinances decrees determined of in the honorable counsell of Grantamlean where was present VVolstane the Archbishop and with him great companie of the best and wisest sorte called togeather by Athelstane The asseÌ„bly parted the king had enquired how the peace was kept among his people fynding it and iustice smally to hys mind delt inioyned more laws to his first and thus shewes the cause â— Athelstane king will all men to know that hauing demanded why our peace is not manteyned according to my commaundement the decree at Grantamlean I am certefied from the experienced of my dominions that the same is happened by my ouermuche sufferance and remissnesse in punnishing But now at Christmas last at Exeter being attended on with grauewise men whom I found moste readye to venture their facultie themselues wiues and children to most greate hazarde that these peace breakers might vtterly without retourning be expelled the lande The yeare 946. Edmund his brother beganne to rule after him in whose time the Danes held Lincolne Nottingham Darby Stafford and Leicester who also erecting and confirming lawes shewes this by whom they were consented on Edmund King helde the solempne Feaste of Easter at London where were mette a greate companie of the Cleargie and laity
among whom were Oda and VVolstane Archbishoppes and many other Bishoppes to prouide for their soules health and theirs whom they had the cure of And in an other place I Edwarde King to all both yong ond olde in my iurisdiction giue knowledge that I in the solempne assemblie of the best seene of my kingdome aswel ecclesiastical as temporal haue carefully enquired and so foorth King Edgar his seconde sonne the yeare 959 was likewise a lawe maker and thus entitles them The lawes whiche 1 Edgar King in the freequented senate to the glory of God â–ª the dignity of my Maiestie and the profite of the common wealth haue past Etheldred or Eldred or Egelred the second son of Edgar the yeare 979 whiche alter a little who by the murder of Edward his elder brother named the Martire came to the crown in whose time the Danes so entred this laÌ„d as ere they had done the king fledde into Normandy and lefte his kingdome to Swanus the Tyrant Dane after whose decease retourning he not long after died hee also being doing with lawes termes them thus The councel of graue fathers which king Ethelred had at Woodstock in Marcia for the preseruation of the peace whiche is gouerned by the english lawes at the ende of suche perticulers as are agreed on he concluds on this maner This our commaundement decree if any shal neglect c. He shal pay to the king one huÌ„dred twenty shillings There was a league made also by the sayd King with the army of Aulavus Iustinus and Gustimundus the sonnes of Stegetie the Dane and goes thus The agreement or part which once or of late king Ethelred by the aduise of his wise confederates with them aforesayde did enter in His sonne Edmund surnamed Ironside parted the Realme with Canutus or Knought King of Denmark who being slayn by the treason of Edricke Canutus enioyed the whole principality and tho Swanus were the firste Danish King here yet held hee not the kingdome so absolutely as thys man did Hee made more lawes than anye one before him which are thus intituled The decrees which Canutus king of English Danes and Norwayes at Winchester at Christmas hath appointed by the aduise of men of knowledge to the honor of the God of heauen the renoume of the kings Maiestie and the benefite of the common wealth Againe in an other place he vseth these wordes These are the humaine and lawes politique wherin vsing the counsel of the wise I command to be kept thorough Englande Hee began to raigne alone the yeare of grace 1019. Edwarde the Confessour after Hardikenitus the last king of the Danish bloud 1043. began to raigne he fouÌ„ded many holesome lawes and was the firste erector as it is written of the common law whych VVilliam Conqueror did after confirme wherof this I finde After the conquest of England the foresayde King William the fourth yere of his raigne by the persuasion aduise and councel of his nobility did sommon throughout his land the nobles the gouernours the graue heads and the Learned in the lawe to heare of them their rights customes and ordinances whereof chosing twelue of euery county who taking their othes before the king directly truely and so forth to shew declare the same they brought the lawes of Saint Edward as we haue them now and the king established them in that manner The Conqueror hym selfe began to rule this Ilande 1066 some recken a yeare more who also adding certaine ordinaunces in the entraunce hath these wordes Here beginneth what William king of the Englishe nation after the conquest with his nobility hath appointed to be perfourmed I reade that Henry the first his sonne who gouerned after VVilliam Rufus his brother did at the beginning of his raign lighten the great exactions imposed by his father and brother reduced and amended Saint Edwards lawes whiche as it should seeme were eyther forgotten or would not be remembred for al the fathers confirmation or rather shew therof reformed measures apoynted directions to be obserued Aboute the thyrtith yeare of hys raigne hee helde a counsel at LondoÌ„ wherin it was thought good he shold haue the Cleargy within his censure Maude the Emprice his daughter first marryed to Henrie the fourth Emperor of Almayne and afterwards to Geffrey Plantagenet Erle of Aâ—iou the 31. of his raigne had by hir husbande shortly after a son named Henrie vpoÌ„ the knowledge wherof he called hys nobles together decreed that his daughter the heires of hir body shoulde succeede him in the Kyngdome Grafton in the thirteenth yere of this King in hys Cronicle saith thus And in this time began the Parliament in Englande firste to be instituted and ordeyned for reformation and gouernement of this Realme The manner whereof as I haue fouÌ„d it set out in an olde pamflet I intende at large to set foorth in the raigne of King Edwarde the thirde when and where Parliaments were yearely and orderly kepte the whiche I sought to finde but promise was not kepte Turning his booke I founde in his preface to the Reader these wordes And where I haue in the â—3 yere of King Henry the firste promised to place the maner and order that first was taken for the holding of the parliamente in the time of king Edwarde the thirde I haue sith that tyme for sundry good causes thought meete to omit the same and therefore admonish the Reader not to looke for it Hereof iudge you and if you wyll haue hys reason he is not far to seke Stephen in a manner no sole sybbe to the Crowne the righte heyres being aliue was by the nobilitye admitted Kyng In hys time the Emprice by the aide of hyr Basterd brother Robert Earle of Gloucester the ciuill warres grew great wherin the King being taken and who now but the Emprice as it were confirmed according to hir iust title she was moued for the restitution of Saint Edwards Lawes but shee was deafe on that side The last yeare of thys Kings time he and Henrie the Emprice sonne grew to communication and agreement The King commaunded his Lordes to assemble at Winchester where Duke Henrie was honorably receyued and there it was agreed he shoulde adopte the Duke hys sonne and confirme too him the Crowne of Englande after his deceasse Henry the second hys follower in the gouernement of another clayme helde a councel at the beginning of his raign at Wallingforde where the Barons were sworne to the king The eyght yere of his raigne he caused all the subiectes to sweare fealty to his sonne Henrye touching the inherytaunce In the ninth yeare Fabian sayeth the kyng called a Parliament at Northampton and so termed it as also in some other places he doeth Councels and calling togethers of the Lordes by the prynce wherin him selfe vouches nothing was done but a pretence to reforme and somewhat gelde the preueleges of the Cleargy The same time a
yeare it was enacted that no subsidie nor other charge shoulde be sette nor graunted vppon the Woolles by the Marchants nor by any other from thenceforth without the assent of the Parliament rare presidents to finde before the conquest in William CoÌ„querors time or since in a manner at all til this kings dayes Richard the seconde his successor helde euen on as his Graundfather began had almoste euery yeare a Parliament according to the statuts that there shoulde bee one yearely at the leaste In the beginnings of al the whiche almost the great Charter and that of the Forrest with all Liberties to holy churches fraunchises c. were granted stablished and confirmed and the authority of passing the actes is as you haue in his predecessors time Edward the thyrde sometime with one maner of words and somtime another He had very many free bountiful aydes of his subiectes by mony in number for hys two twenty yeares time no whit wanting with his Graundfathers likewise by diuerse pardons he declared his good accepting of them Kyng Henry the fourth first Erle of Darby then Duke of Herforde by his father Iohn of Gaunt Duke of Lancaster the fourth begotteÌ„ son of king Edward the second also inuested with the title of the Dukedome no more against king Richard 〈◊〉 than against lawe ryght and iustice did clayme the Crowne and at London called a Parliament in king Richards name asmuch without his direction as without iust aucthority and howe far wythout the ful partes of an Englishe Parliament which wee brag of and iustly may I referre mee to the iudgemente of deeper heades than mine owne In this Parliament forsooth is 31. Articles at the leaste layde to our Kyng Richarde a shrewd an vnaccustomed president Wel it was thought by the most parte that he was worthy to be deposed and prouision according was prouided But King Richardes friendes going to bed without candel when none was to be had perswaded their maister too yeeld contented the Crowne from his heade whiche otherwise woulde haue byn snatched off perforce and brought the skyn with it He doth resign he craues life without raigne it is liberally granted but more liberally broken with hasty shameful slaughter As who searches shal find to whoÌ„ I rather coÌ„mit the reading thaÌ„ I to cal to remeÌ„brance such vndutiful hard dealing specially when the Parliament hath any interest in the same or should be noted with error This Henrie the fourth raigned thirtéene yeares and somewhat more in whose time there was almost euery yeare a ParliameÌ„t in all the which for the most parte first the Charters and liberties be confirmed to all men and the Actes be thus aucthorized Henrie by the grace of god c. of the assent of the Prelates Dukes Erles Barons and at the instant special request of the commons of the same Realme assembled at his Parliament holden at Westminster c. Al establishmeÌ„ts coÌ„firmations and makings of statuts in his time you shal finde stil at the request ernest instance and prayer of the commons yet was he king as you haue hearde and in the first yeare of hys raigne he had such a heauy Taxe graunted him as it was conditioned it should not be recorded for a president diuers others he reaped the benefite of retourned also sundry pardons to the freeing of many of his subiectes His sonne Henrie was Kyng nine yeares and somewhat more and yerely as it seemes helde a Parliamente but hys sixt yeare in al which wherin the commons were named he sayth as before for himselfe and the Lords he hath at the special instance and request of the CoÌ„mons in the same ParliameÌ„t c. Hath don to be ordained c. The liberties of holy Churches the Charters and priuileges are enacted and agreed soundely to abide in force I can not perceiue for all his great Conquest and warres in Fraunce that he troubled his Subiectes in a manner at all to speake of wyth Taxe or Subsidie That smal ayde hee had rose as I can gather of some Tenthes and Fifteenthes were graunted him And yet did he for custome curtesie or congratulation sake also imparte his pardons He left his sonne Henrie in his place being but eighte monethes olde during whose raigne the Parliamentes were very thicke helde as in the former times As thys Prince was very yong at the death of his father so was he when he came to age more giuen to quietnesse and Religion than to worldly affayres or weapons And therefore it may be gathered that the nobility and commons stoode not in doubt of the infringing by him of great Charters and liberties Wherefore they labored not euery Parliament the confirmation of them as in his Predecessors tyme they did for in his Parliaments wee finde no suche mention made of them as vsually is had before his gouernement for making of Lawes most commonly I see Our soueraigne Lord king Henry the sixth at his Parliamente c. By the aduise and assente of the Lordes spirituall and temporal and at the speciall request of the commons of the Realme being in the same Parliament haue done to be made c. There is also Our soueraigne Lord King Henrie c. For the weale of him and of his Realme by the aduise and assent of the lords spiritual and temporal and the commons of the same Parliament assembled hath made ordayned c. This last manner of mencioning the coÌ„mons it is in the middle of the kings raign which might proceede of some occasions which your selfe maye finde out if you tourne ouer the cronicles I take it needlesse to be written In the thâ—â—tie three yeare of his raigne there was something enacted in a Parliamente touching the Lord Richard Duke of Yorke and also in another in his thirtie three yere concerning the same Prince which I cannot be perswaded that King Henrie de mero motu consented to I do not vnderstande that he burdened his subiectes in a manner at all with exactions for al his continuall and great warres in Fraunce but rather contented him selfe with the losse and so far as in lesse than fourtie yeres he forewent the Crowne of Fraunce abroade and lost his kingdome of Englande at home And tho by hys friendes he recouered the one againe yet woulde it not be kept but hee that receiued it firste efte obtayned it so that Kyng Henrie was depriued the second time not only of hys regalty but presently of his life Edward Earle of March righte heire of the house of Yorke was the man that Kinged it in King Henries rome and so continued it twenty two yeares and somewhat more during which gouernement he hadde at leaste tenne Parliaments in all the which hee names his auctority and the nobilityes aduise and consent and the instaÌ„ce and request of the commons but only in the Parliamente the thirde yeare of his raigne wherin he sayes At the Parliament summoned at Westminster
wasted the subiects as liberty and freedome muste nowe bring people together againe to ioine in a newe corporation of frendship And to exclude al feare he pardoned most freely al offences past These ordinaunces did holy Gildas about the yeare of Christ. 543 translate oute of Brytishe into latine Alured as afore about the. 872. out of Latin into the English Gurgunstus of some Gurguintus the son of Belinus before Christ. 375. was the first it shold seme that imposed death and losse of lim for transgression dyd also grieuously punish the peace breakers Quinthelinus his sonne married a noble gentlewoman to name Martia who erected certaine decrees of gouernement whiche were called after hir Martian Laws brought likewise into English by king Alured leauing theÌ„ the little Marthehelage asmuch to say the law of Martia Lucius it is said the eight yeare of his raigne of Christ â—88 some smal controuersye there is of the time was christened Eluthrius being Bishop of Rome and counted the first christened King of this Iland of the most credible writers tho some woulde haue Aruiragus 138. yere before to haue the preheminence aswel by the preachyng of SimoÌ„ Zelotes one of the disciples of Christ here martyred and buryed as by Ioseph of Arymathy who had Mutryn now Glastenbury his place appointed of habitation sente hyther with twelue disciples by the Apostle Philip then preaching in Gaul nowe Fraunce too sone to come to Christ onlesse we would felowe him better Lucius was very timely coÌ„sidering the late repayre to him of many nations nerer the plat of his birth and passion whom I would recite but I haue digressed too long Lucius set to Eleutherius desiring him he might haue the imperial and Romaine Lawes to guide and gouerne his countrey who retourned him this answere As touching the rightes of the Churche and seruice of God whiche you haue receiued they must remaine alwayes one vntouched the policie for ciuill rule may bee abrogated and altered as occasion shall serue you haue the booke of the olde and newe preceptes the Bible with the aduise of your kingdome make a Lawe thereby to gouerne your subiectes Here some will say was your first Parliamente and the verie originall thereof whyche I no way can agree to and the cause hereafter I wyl shewe you Lucius died wythout heire for the space of fifteene yeeres or more all wente to hauocke tyll Seuerus the Emperour discended rightlye from King Lud toke the gouernement vpoÌ„ him about the yere 208. some account lesse the Romaines seldome quietly but for the most parte to their excessiue charge and trouble held the domynioÌ„ til the death of CoÌ„staÌ„tine the yere .445 then neglecting the same as a country not worth the keeping who leauing behind him CoÌ„stant or CoÌ„stantin for his simplicity in his fathers time shorne a monk at Winchester Vortiger alias Vortigern of some the Duke of West SaxoÌ„s of other the Duke or Erle of Iewesses who after were called West Saxons toke him out of the Cloyster and crowned him king whome yet hee caused to bee murdered the first yeare of his raigne so that for those 240. yeares few laws were made and fewer executed Vortiger vsurping or being chosen king the 448. yeare so continued but a while in rest for not onely his nobles but the Pictes and Scottes layde so sore to him that driuen to extremitie he sent into Germany for the SaxoÌ„s and Englishmen to aide him in his waxres not only against the forraine enimye but his owne people promysing too them habitation whiche hee might well spare the land being in a manner wast by the meanes of the great mortalitie by pestilence the Scottes and Pictes inuasions and the ciuill slaughter Their request was accepted Horsus Hengist brought hether certain souldiers Panims by whose valure Vortigers contraries were tamed by the continuall repaire and flocking hether of those straungers the inhabitaunts were put to the dore For before the yere of our Lorde 1498 there were three kingdomes erected by the EnglishmeÌ„ and Saxons the first of Kent by Hengist the second by Hella his three sonnes of the south Saxons comprising Deuonshire and Cornewal Somersette and Southery or rather Hampshire for Southery according to the more probable writers The third of east Angles by Vffa coÌ„teining Norfolk and Suffolke These broyles being no time for lawes or letters but for fier bloud Arthur the son of Vther PeÌ„dragoÌ„ was crowned king of Britayne tho a greate part as you heare were takeÌ„ froÌ„ him The yere â—16 he fought twelue greate battayles with the Saxons in all the which he put theÌ„ to the worse yet coulde he not auoyde them the Land neyther yet so subdue them but that Cerdicus the fifth yere of his raigne began the fourth kingdome of west Saxons which consisted as I gather of Worcester Dorcet Wiltish â–ª Stafford and those western partes adiacent Aboute the yeare 547. the two Kingdomes of Northumberland that is the fifte and sixte principality of the Saxons toke roote In the one called Breuitia Ida first had rule In the other called Deira Ella was gouernor These two kingdomes had in theÌ„ the countries froÌ„ Humber northward to the Scottish sea and continued somtime vnder one king sometime vnder two The yere 586. the Britains were driueÌ„ into Wales presently the Saxons had the dominion of the whole lande At whyche time was the Christen religion thereby extinct and not thought on but amoÌ„g the Britaynes in Wales After some Sebertus leader of the East Saxons 614 gaue first beginning to that kingdome and had in it Essex Not long after Penda the Miscreant the yeare 626. made the kingdome of Mertia who gouerned Huntingtonshire Hertfordshire Glouc. War. Lecester Nottingham Northumberland and others Cadwallader the last king of Britaine died at Rome the yeare of grace 656 about whiche time according to some writers but I thinke rather the yeare 712. Inas otherwise called Iue or Iew a Christian helde the rule of the West Saxons He set downe certaine laws the preamble to the whiche is this Inas by the grace of God king of west Saxons with the consultation and aduise of Kenred my father Hedda and Erkenwald my Bishoppes of all my councellours and the olde wise men of my people in the greate congregation of the seruauntes of God did labour to confirme Iustice and equitie to bee executed in my whole territorie These particular edictes are not to my purpose to wright but the firste intituled Of the manner of the liuing of the ministers of God toucheth somwhat the matter which goes thus First wee commaunde that Gods ministers doe obserue the order of life alreadie sette downe and further wee will that to the rest of our people the lawes and iudgementes bee in this manner and so goeth on This also is alleaged for the confirmation of antiquity of our parliament I