publications for the common liberty weale and Benefit of the Nation I commend both them and thee to Gods tuition and benediction WILLIAM PRYNNE Lincolns Inne December 6. 1656. A Seasonable Legal and Historical Vindication of the good old Fundamental Liberties Rights and Laws of England Chapter 3. Section 4. Comprehending a brief Collection of all the most observable Parliamentary Councils Synods Conventions Publique Contests Debates Wars Historical Proceedings Passages Records relating to the fundamental Liberties Franchises Rights Customs and Government of the People under our English Saxon Kings from the year of our Lord 600 till the death of King Edmund Ironside and reign of Cnute the Danish King Anno Dom. 1017. with some brief Observations on and from the same IN the former Section I have presented you with a general brief Account of our first English Saxon Christian Kings limited Power and Prerogative being obliged to govern their English-Saxon Subjects not arbitrarily but justly according to their known Laws and totally disabled to alter repeal any old or enact any new Laws to impose any publique Taxes Tallages Imposts Customs whatsoever on their people upon any real or pretended necessity to mâ—ke any War Peace or to alienate the Lands or ancient Revenues of their Crowns to any pious publique or private uses whatsoever without the common consent of their Nobles and Wisemen in general Parliamentary Councils together with a Summary of the Laws of Ethelbert the first Christian Saxon King wholly pretermitting the Names Acts Kingdoms of our first Pagan Saxon Usurpers rather than lawfull Kings who though many and great in their generations were veâ—y speedily brought to nothing their Kingdoms begun erected by blood conquest and meer power of the Sword standing not long unshaken by civil wars among themselves each King envying his equals greatness and seeking to inlarge his own Dominions upon the next In which Combustions few or none of them came to the Grave in due time but were either slain in war or treacherously murdered in Peace or expelled their Realms by or forced to resign their Crowns to others after all their former prosperous successes and reigns wholly spent in Wars Troubles Seditions Rebellions Rapines affording nothing worthy memory for their peoples good the Kingdoms settlement or imitation of Posterity Whence Henry Huntindon in the close of the 2 Book of his Histories p. 320 hath this Observation concerning them very seasonable for our present times Vide igitur Lector perpende quanta Nomina quam cito ad nihilum devenerint Attende quaeso stude cum nihil hic duâ—et ut adjuiras tibi regnum substantiam illam quae non deficiet Nomen illud honorem qui non pertransibit monimentum illud claritatem quae nullis saeculis veterascet Hoc praemeditare summae prudentiae est acquirere summae caliditatis adipisci summae faelicitaâ—is I shall now in this Section proceed in my intended Chonological Method to their next succeeding Christian Saxon Kings reigns in England till the reign of King Cnute the Dane Anno Domini 1017. It is recorded of Aethelbert the first Christian Saxon King of Kent that keeping the Feaâ—t of our Saviours Nativity at Canterbury with his Queen Ead bald his Son Arch-Bishop Augustine and the Nobles of the Land he there held a Parliamâ—ntary Council with them on the 5. of Ianuary in the year of our Lord 605. Which Thomas Sprot thus expresseth in the Language of his age rather than of that Convocato ibidem communi Concilio tam Cleri quam Populi die quinto â—anuarii he did then and there Omnium singulorum approbatione consensu as he relates or cum consensu Venerabâ—lis Archie â—iscopi Augustini Ac Principum meorum cum Aedbaldi filii mei aliorumque Nobilium optimatum meorum Consilio as his Charters reciâ—e give grant and confirm to the Church of St. Peter and Paul in Canterbury for ever sundry Lands pretious Utensils Privileges and Immunities by his Charters made and ratified in this Council In which it is most probable he likewise made those Iudicial Decrees and Laws with the advice of his Wise men for the beneâ—it of his people in his own Country Saxon Language Which our venerable Beda William of Malmesbury Huntandon Bromton and others mention only in the general and Bishop Enulph hath registred to posterity in his famous manuscript intituled Textus Rosfensis of which I have given you some account before Section 3. p. 50 51 52. on which you may reflect In the year of Christ 627 Paulinus perswading Edwin King of Northumberland to bâ—come a Christian to avod eternal torments and to be made a partaker of the Kongdom of Heaven The King answered That he was both willing and â—ught to receive the faith which he taught but he ought first to confer with his Friends Princes and Counsellors concerning it thâ—â— so if they concurred in juâ—gement with â—im â—â—ey might all be bapâ—ized together Assembling therefore his Wisemen and advising with them he â—emanded severally of them all What that Doctrine which they never heard of till then and that new worship of God which was preached by Paulinus seemed to tâ—em To whom Coyfi the chief of the Priests presently answered Do thou consider O King what that Religion is which is now preached to us I profess unto thee that which I have most certainly learned that the Religion we have hitherto imbraced hath no virtue at all in it whereupon it remains that if those new things which are now preached unto us shall appear to thee upon examination to be better and stronger than our Religion let us hasten to embrace them without any delay To whose wise perswasions and words Another of the Kings Nobles giving his Assent spake something concerning the brevity and incertainty of this life and of their ignorance and incertainty of that life which is to come concluding That if this new Doctrine brought any thing to them more certain than that they formerly imbraced it ought to be deservedly followed The rest of the Elders and Kings Counsellors prosecuting the like things by Divine admonition Coyfi added that he desired to hear Paulinus preaching concerning God more diligently than before which when he had done by the Kings command he cryed out having heard his preaching I heretofore understood that what we worshipped was nothing because by how much the more diligently I sought the truth in that worship the less I found it But now I openly professe that in this preaching the truth shines forth which is able to give unto us the gifts of eternal life salvation and happiness Whereupon O King I advise thee that the Temples and Altars we have consecrated without any fruit or benefit we should now presenâ—ly execrate and burn Upon â—his without more debate the King openly gave his assent to the preaching of Paulinus renouncing Idolatry confessed â—hat he did imbrace the faith of
erogavit and â—eâ—â—â—ng upon loca quaeque mâ—nita â—orâ—ed â—ing Alfred being so disâ—ressâ—d â—hat he knew not what to do nor wâ—ither to turn himself to râ—tire and save himselâ— in the Isle Aethelingie for a seaâ—on â—ill recollecting his scattered Subjâ—cts and Forces together he vanquished Giâ—hro and his Army in a set battel at Etâ—endâ—â—e and then besieging him and his remaining forces â—5 dayes in a Castle to which they sled comâ—elled thâ—m by Famine and the Sword to make peace with â—im upon this Condition ut Regni et Regis infestationem perpetuo abjurarent That they should perpâ—tually abjure the infesting of the King and Realm and thâ—t they should â—uâ—n Christians which they accordingly performed Githro with 30 of the choicest men in his Aâ—my being baptized at Alve 15 days after king Alfred being their Godfather and giving him the name of Aethelstane After which Alfred feasting him anâ— his Captains 12 days in his Court gave Githro Eastengland to inhabit wherein king Edmund reigned to be held of and under him Whereupon Githro and his Danes An. 879. leaving Cirencenster marched into the East parts of England which he divided amongst his Souldiers who then began to inhabit it by Alfreds donation Uâ—on this accord or some time aâ—ter King Alfre and Gythro by the Common consent of their Great Councils and wise men made and enacted certain civil and Ecclesiastical Laws for the government of their People and Realms recorded in Bromton Lambert â— and Spelman where those who please may pernse them the Prologue and 2 first Laws whereof I shall only recite as both pertinent to my purpose and seasonable for our times much opposing the Magistrates coercive power in matters relating to God and Religion Hâ—c est consiliâ—m quod Alredâ—s Rex et Godrinus Rex eligerunt et condixerunt quando Angli eâ— Daâ— ad pacem et concordiam plenè convenerunt eâ— Sapientes et qui â—osteà successerunt saepiùs Hoc eâ—â— assi â—â—è renovantes in bonum semper adduxerunt Cap. 1. Inpâ—imis est ut unum Deum diligere velint et omni Paganismo sedulo renunciare et instituerunt secularem Iustitiam pro eo quod sciebant quod non poterant multos aliâ—èr castigare plures veâ—ò Nolebant ad Dei cultum sicut deberent aliâ—è◠Inclinariâ— et secularem emendationem instituerunt communem Christo et Regi ubicunque Recusabitur Lex Dei justè servari secundum dictionem Episâ—opi Et hoc est primum edictum Ecclesiae Pax intra parietes suos ut Regis Handgriâ—h semper inconvulsa permaneat Cap. 2. Siquis Christanitatem suam malè mutat vel Paganismum veneretur verbis vel operibus reddat sic Weram sic Witam sic Lashlyte secundum quod factum sit that is Let him be fined and ransomed according to the quality of his offâ—nce This Noble King Alfred who fought no lesse than 46 bloody Battels with the Danes by Land and Sea for his Countries Liberties Although he was involved in perpetual Wars and Troubles wiâ—h the Danish Invaders all his daies as our Hiâ—â—orians and this his Epitaph Demonstrates Nobilitas innata tibi probitatis Honorem Armipotens Alurede dedit Probitasque laborem Perpetuumque Labor nomen cui mixta dolori Gandia semper erant spes semper mixta timori Si modò victus erat ad crastina bella parabat Si modò victor erat ad crastina bella pavebat Cui vestes sudore jugi cui sica cruore Tincta jugi quantum sit onus regnare probarunt Non fuit immensi quisquam per climata mundi Cui tot in adversis vel respirare liceret Nec tamen aut ferro contritus ponere Ferrum Aut Gladio potuit vitae finisse Labores Iam post transactos Regni vitaeque Labores Christus ei sit vera quies sceptrumque perenne Yet these things are remarkable in him 1. That he most exactly and justly governed his people by and according to his and his Predecessors knâ—wn Laws in the midst of all â—is Wars not by the harsh Laws of Conquest and the largest Sword 2. That he advanced Learning and all sorts of Learned Men erecting Schools of Learning and the famous University of Oxford which he founded or at least refounded when decayed in the heat of all his Wars and Troubles 3. That he was so far from spoyling the Church and Churchmen or any other his Subjects of their Lanâ—s Tithes or Revenues to maintain his perpetual Wars against the impious Pagan Danes who destroyed all Churches and Religious as well as other Houses where ever they came that he not only repared adorned endowed many old deâ—ayed Churches and Monasteries but likewise in the year â—88 he built two new Monasteries of his own at Ethelingei and Shafftesbury and endowed them with ample riches and possessions and by sundry Charters gave several Lands to the Churches of Durham Worcester and Canterbury Moreover he not only duly paid Tithes and other Duties to the Church himself but also by his Laws enjoyned all his Subjects under sundry mulcts justly to pay Tithes and Churchels to their Priests and Ministers with all other Duites and Oblations belonging to the Church for the maintenance of the Ministers and Gods worship together with Peterpence for the maintenance of the English School at Rome prohibiting all men to invade the Churches Rights and Possessions under severe penalties 4. That he equally divided all his annual Revenues into two equal parts The first moity was for Pious uses which he subdivided into three parts The first parcel he bestowed in Almes â—o relieve the poor both at home and in forein parts The second he bestowed on Religious Houses and Persons The third he gave towards the maintenance of Schools Scholars Doctors and learned Men of all sorts resorting to and liberally rewarded by him according to their merits The other moity was for civil uses which he likewise divided into 3 equal portions The first he gave unto his Souldiers whom he divided into 3 Squadrons The first Squadron which were Horse waited one month on him at his Court as his Life-guard whiles the other two were imployed in military expeditious in the Field And when their month expired they all returned from the wars and then another new Company succeeded them And when their Month was ended they returning to their Houses the other Company succeeded them And so they successively kept their monthly courses during all his Reign being one month in actual service and two months at home about their own affairs The second part he gave to his Workmen and Artificers of all sorts skilfull in all Worldly affairs The third part he gave to Strangers in Royal Gifts and Presents and that as well to the Rich as Poor Besides he had a very great Care Ne à Vicecomitibus et Ministris pauperes opprimereâ—tur et indebitis exactionibos gravarentur That the poor people should not be oppressed by Sheriffs
publick means he could devise and that by Emmaes advice 1. By advancing some of the English Nobility to places of Honour and trust as Leoffric whom he made Duke in the place of his Brother Norman whom he had slain with some others and loving them very dearly 2. By granting to the English equal Rights and Privileges with his Danes in Consessu in Consilio in Praelio and favouring and advancing them both alike 3. By favouring and enriching the English Clergy and Church-men and manifesting extraordinaâ—y piety devotion bounty in repairing building endowing Monasteries and Churches throughout the Realm which had been partly decayed parâ—ly demolished and prophaned by his and his Fathers former wars and excursions And by erecting new Churches in all places where he had fought any battel especially at Asâ—hendune and placing Priests in them perpetually â—o pray for the souls of those that were there slain Ita omnia quae ipse et Antecessores sui deliquerunt corrigere satagons prioris Injustitiae naevum apud Deum fortassis apud Homines certè abstulit as Malmsbury relates 4. By â—asing them of his Danish Forces and constant heavy Taxes for their maintenance For by the advice of Emma he sent back all his Danish stipendiary Souldiers to their Native Country and all his Ships but 40 which he retained to transport him into Denmarke the next year To return pay off and disband which forein Forces the English paid him a Tribute of 82. as some or 72 thousand pounds as other Historians record collected out of all England and the Londoners 11 thousand or 10500 marks more Which Tribute I conceive was granted him in the Council of London the year before wherein all the Prelates and Nobles took an Oath Suo exercitui vectigal dare according to their former agreement at Glocester upon the partition of the Kingdom between Edmond and Cnute wherein King Edmond and all the English Nobles and Army ordained that a Tribute should be paid to the Danish Fleet TRIBUTO QUOD CLASSICAE MANUI PENDERETUR STATUTO So that I conjecture it was not imposed on the people by Cnutes absolute power but by common Grant and Consent of a Great Parliamentary Coâ—ncil 5. By ratifying all their former good old fundamental Laws Righâ—s Liberties Privileges which they used enjoyed under their Saxon Kings by enacting other good wholesom Laws repealing all unjust Laws and redressing all exactions and grievances By which means he so obliged the English to him that they cordially assisted him in his Danish wars chearfully obeyed him and never raised any Insurrection or Rebellion against him though frequently absent out of the Realm all his reign albeit he had no Army nor Garrisons to over-aw them In the second year of his reign Anno 1018. King Cnute assembled a Parliamentary Council both of the English and Danes at Oxford wherein they both accorded That King Edgars Lawes should be observed Angli et Daci apud Oxonefordiam de lege Regis Edgari concordes sunt effecti as Florentius Wigorniensis Sim. Dunelmensis and others express it but the Chronicle of Bromton thus Posthaec apud Oxoniam PARLIAMENTUM tenuit ubi Angli simul Dani de Legibus Edgari Regis observandis concordes facti sunt Which Fabian Grafton Speed and others thus express in English He called A PARLIAMENT at Oxford where among other things it was enacted That Englishmen and Danes should hold and firmly keep the Laws of Edgar late King Which Parliament they misplace some in the 3. others in the 15. year of his reign when it was in the second King Cnute sailing into Daenmark in the third year of his reign having there setled his affairs returned into England Anno 1020. about the feast of Easter Apud Orencestriam CONCILIO CONGREGATO as Matthew Westminster or Apud Cirenceastram MAGNUM CONCILIUM HABUIT as Florentius Wigorniensis Hoveden and Simeon Dunelmensis record it And then held a great Parliamentary Council at Oâ—encester or Cirencester wherein he banished Duke Ethelward And this year as Radulphus de Diceto informs us Rex Canutus CONSILIO CLERI ET PROCERUM by the Counsel of his Clergy and Nobles most likely assembled in this Council at Cirencester and especially of his Queen Emma he placed Monks in the Monastery of Badricesworth wherein the bodie of King Edmond the Martyr resteth removing the Secular Priests from thence Matthew Westminster thus relates it Consilio Emmae Reginae et EPISCOPORUM SIMUL ET BARONUM ANGLIAE Monachos in eo constituit c. Caenobium quoque beati Regis et Martyris Edmundi tot praediis et bonis aliis ampliavit ut omnibus ferè Angliae Monasteriis in rebus temporalibus meriâ—o praeferatur Sir Edward Cook in his Preface to his 9. Reports out of an antient Manuscript of the Abbey of St. Edmonds which he said was in his custody gives us this account of a Parliament held at Winchester in the 5. year of King Cnute his reign Anno 1021. Haec sunt Statuta Canuti Regis Anglorum Danorum Norwegiarum Venerando Sapientum ejus consilio ad laudem et gloriam Dei et sui Regalitatem et commune commodum habito in Sancto Natali Domini apud Winton c. Rex Canutus anno regni sui 5. viz. per centum et triginta annos ante compilationem Decretorum quae Anno Dom. 1150. fuerunt compilata anno septimo Pontificatus Papae Eugenâ—i â—ertii et ante compilationem aliorum Canonum quorumcunque Cunctos Regni sui Praelatos Proceresque ac Magnates ad suum convocans Parliamentum in suo publico Parliamento persistenâ—â—bus personaliter in eodem Wuâ—â—tano et Adelnodo Archiepiscopis et Ailwino Episcopo Elmhamense et aliis Episcopis ipsorum suffraganeis septem Ducibus cum totidem Comitibus necnon diversorum Monasteriorum nonnullis Abbatibus cum quamplurimis gregariis Militibus ac cum populi multitudine copiosa ac Omnibus tunc in eodem Parliamento personalitur exisientibus Votis Regiis unanimiter consentientibns praeceptum et decretum fuit Quod Monasterium Sancti Edmondi c. sit ab omni Iurisdictione Episcoporum Comitatus illius ex tunc in perpetuum funditus liberum et exemptum c. Illustris Rex Hardicanutus praedicti Regis Canuti filius haeres et successor ac sui Patris Vestigiorum devotus imitator c. cum laude et favore Aegelnodi Doroberniensis nunc Catuariensis et Alfrici Eborac Episcoporum aliorumque Episcoporum Suffraganeis necnon Cunctorum Regni sui mundanorum Principum descriptum constituit roboraviâ—que praeceptum That which this Manuscript stiles so often a Parliament held at Winchester in the 5th year of King Cnute of which there is not one Syllable in any of our Historians is as I conceive that which Matthew Westminster Wigorniensis Hoveden and Simeon Dunelmensis stile CONCILIUM ET MAGNUM CONCILIUM c. held at Cirencester
cheating imposture of later daies as in truth it is 6. That all delinquents of what quality soever justly or unjustly accused ought to appear and justify themselves before the King and his Nobles in their Parliamentary Councels without armed Guards forces Tergiversation or resistance upon due suÌ„mons to appear before them by the Laws of that time 7. That Kings and great mens coming to Parliamentary Councels with Armies strong armed Guards and holding them with power or under Armies is inconsistent with their Liberty Priviledges and are an occasion of civill wars disturbances much mischief to the Nation as then they proved 8. That English Peers then were and ought to be tried banished judged by their Peers both in Parliamentary Councels and other Courts 9. That no English Peer or Freeman could then be lawfully and judically banished the Realme but in and by sentence and judgement of a Parliamentary Councel for some contempt or offence demeriting such a punishment 10. That Peers and great men obstinately refusing to submit themselves to the triall and judgement of Parliamentary Councels or to appear in them or the Kings Courts to justify themselves without hostages fiâ—t given for their securiy may justly be sentenced and banished by our Parliaments for such contempts and affronts to justice 11. That the subjects were bound to ayd and assist their Kings as wel against Traitors Rebels Pyrates as against forreign enemies under our Saxon Kings 12. That forreigners are usually the greatest occasioners and fomenters of civil wars That such Incendiaries deserve justly to be banished the Nation And that civill wars between King and subjects English and English and their shedding of one anothers blood in such wars was then deemed most unnatural odious execrable by all prudent means and councels to be timely and carefully prevented and not to be begun or undertaken but by good advice and common consent in great Parliamentary Councelâ— upon weighty urgent inevitable necessities 13. That the abolishing of ill and enacting of good Laws the removing of ill Counsellors and Instruments about Kings ordering matters of war and defence by Land and Sea and setling of peace were the antient proper works businesses imployments of our Saxon Parliaments 14. That the English Freemen have been always apt forwards cordially to joyn with such Nobles and Great men who are most cordial and active to defend their just Liberties Laws Rights against foreiners and others who invade them Soon after the forementioned agreement between the King and Godwin King Edward according to his forementioned promises to make good Laws for all his people out of all the former British and Saxon Laws by Order of his Wisemen compiled an universal common Law for all the people throughout the whole Realm which were called King Edwards Laws being so just and equal and so securing the profit and wealth of all estates that the people long after as Mr Fox and others record did rebel against their Lords and Rulers to have the same Laws again when suspended or taken from them or dis-used and prescribed this Oath to William the Conquerour himself and every of our Kings since to be solemnly taken at the time of his Coronation for the further ratificationâ— and better inviolable observation of these Laws and perpetuating them to all posterity SIR will you grant and keep and by your Oath confirm to the people of England the Laws and Customs granted to them by antient Kings of England rightfull men and devout towards God namely the Laws and Customs and Franchises granted to the Clergy and to the Peopie by the glorious King Edwardâ—â— to your power To which the King must answer I will doe it before he be anointed or crowned King Now because these Laws of King Edward made by his Wisemens Counsel and advice as this Clause Sapientes caeperunt super hos habere consilium et constituerunt in the Chapter De illis qui has Leges despexerent implyes are so famous and fundamental most of our Common old Laws being founded on or resulting from them I shall give you this brief account of them out of our Historians as most pertinent to my subjâ—ct matter and usefull for those of my profession to be informed of being generally not so well versed in Antiquity History and Records as were to be wished for the honour and lustre of their honourable publike calling pretermiting the grosse Forgery and Imposture of Modus tenendi Parliamentum so much cryed up by Sir Edward Cooke for its Antiquity and Authority as made and observed in Edward the Confessors reign when as it is a meer counterfeit Treatise and Spurious Antiquity scarce antienter than King Richard the 2. as I have proved in my Levellers levelled and Mr. Selden manifests in his Titles of honour pars 2. p. 713 738 to 745 yea it s own mentioning the Bishop of Carlisle which Bishoprick was not erected til the year 1132 or 1134. the Mayors of London which had no Mayor til the year 1208 and of other Cities with Knights and Burgesses usual wages all instituted long after the Conquerours reign the not mentioning of this Modus in any of our Records Histories or judicious Antiquaries and its difference from all the Modes and Forms of Parliaments and Great Councils of that or later ages held in England or â—reland with the many falshoods and absurdities in it will sufficiently evidence it to every intelligent Peruser to be a late Bastard Treatise and no such Antient Record as Sir Edward Cooke most confidently averrs it upon groundless Reasons and bold false averments void of Truth Which Modus if really made and observed in his reign and after ages no doubt our Hisâ—orians would have mentioned it as well as his Laws of which they give us this following account Henry de Knyghton records That King Edward after his Coronation Consilio Baronum et caeterorum Regni received established and confirmed the good Laws which for 68 years lay as it were asleep among the sleepers and buried in Oblivion These Laws are called the Laws of St. Edward not because he had first invented them but because they being as it were put under a Bushel and laid in oblivion from the time of his Grandfather King Edgar he put to his hand first to find them out and then â—o establish them Wâ—l of Malmesbury thus writes of these Laws Omnes Leges ab antiquis Regibus maximâ— ab antecessore suo Ethelredâ— latas sub interminatione Regiae mulctae perpetuis temporibus observari praecepit in quarum custodia etiam nunc tempore bonorum sub nomine Regis Edwardi Iuratur non quod ille statuerit sed observaverit The Author of the antient Manuscript Chronicle of Litchfield and Mr. Selden out of him together with Roger Hoveden and Bishop Usher inform us concerning these Laws Ex illo die magna autoritate veneratae et per universum regnum
corroboratae consecâ—aâ—ae sunt prae caeteris regni legibus Leges Regis Edwardi quae quidem prius inventae constitutae â—uerunt tempore Regis Edgari avi sui Veruntatem post mortem ipsius Regis Edgari usque ad Coronationem S. Regis Edw. quod continet annos 67 predictae leges sopitae sunt et penitus praetermissae Sed postquam Rex Edwardus in regno fuit sublimatus Consilio Baronum Angliae Legem 67 annis â—opitain excitavit excitatam reparavit reparatam decoravit decoratam confirmavit confirmata vocata est Lex sancti Regis Edwardi non quod prius ipse invenisset eam sed cum praetermissa fuisset oblivioni penitus dedita â— morte avi sui Regis Edgari qui prius inventor ejus fuisse dicitur usque ad sua tempora videlicet 67 annis The Chronicle of Bromton col 956 957. gives us this large account of these and our other ancient Laws This holy King Edward the Confessor Leges communes Anglorum genti tempore suo ordinavit ordained common Laws in his time for the English Nation because the Laws promulged in former times were over-partial For Dunwallo Molmucius first of all set forth Laws in Britain whose Laws were called Molmucine sufficiently famous until the times of King Edward amongst which he ordained That the Cities and Temples of the Gods and the ways leading to them and the Ploughs of Husbandmen should enjoy the privilege of Sanctuary After which Marcia Queen of the Britons Wife of Guithelin from whom the Provinces of the Mercians is thought to be denonated publishâ—d a Law full of discretion and justice which is called Mercian Lawâ— These two Laws the Historian Gildas translated out of the British into the Latine tongue and so it was afterwards commonly called Merchenelaga that is The Law of the Mercians by which Law 8 Counties were formerly judged namely Gloucestershire Worcestershire Herefordshire Shropshire Chesshire Staffordshire Warwickshire and Oxfordshire After these there was supeâ—added a Law written in the Saxon or English tongue by Ina King of West-Saxons to which Alfred King of the West-Saxons afterwarâ—s superadded the Law which was stiled West-Saxenelega that is the Law of the West-Saxons By which Law in antient times the 9 Southern Counties divided by the River of Thames from the rest of England were judged namely Kent Sussex Surrey Berkeshire Wiltshire Southampton Somersetshire Dorset and Devonshire At length the Danes dominering in the Land a third Law sprang up which was called Danelega that is the Law of the Danes by which Law heretofore the 15 Eastern and Northern Counties were judged to wit Middlesex Suthfolk Northfolk Herthfordshire Cambridgeshire Huntingdonshire Lincolnshire Nottâ—nghamshire Derbyshire Northamptonshire Leicestershire Buckinghamshire Beddefordshire and Yorkshire which County of York heretofore contained all Northumberland from the water of Humber to the River of Twede which is the beginning of Scotland and is now divided into six Shires Now out of the foresaid three Laws Merchenelega West-Saxenelega and Danelega this King Edward set forth one common Law which even to this day is called the Law of Edward The like is recorded by Hygden in his Polychronicon l. 1. c. 50. Mr. Iohn Fox in his Acts and Monuments vol. 1. p. 213 214. Samuel Daniel his Collection of the History of England p. 22. Iohn Speed his History of Great Britain p. 410. Fabian Hâ—linshed Caxton Grafton and others almost in the self-same words These Laws are no where extant in any Manuscripts or printed Authors as they were originally compiled and digested into one body by him and his Barons but as they were presented upon Oath to and confirmed by King William the Conqueror in the 4th year of his reign of which Ingulphus Abbot of Croyland in the close of his History to which they are annexed in some Manuscripts gives us this account flourishing in that age Attuli eadem vice mecum de Londonâ—is in meum Monasterium Leges aequissimi Regis Edwardi quas Dominus meus inclytus Rex Willielmus autenticas esse et perpetuas per totum Regnum Angliae inviolabiliter tenendas sub paenis gravissimis proclamarat et suis Insticiariis commendarat eodem idiomate quo editae runt ne per ignorantiam contingat nos vel nostros aliquando in nostrum grave periculum contraire offendere ausu temerario regiam majestatem ne in ejus censuras rigidissimas improvidum pedem ferre contentas saepius in eisdem hoc modo These Laws are partly Ecclesiastical partly Civil recorded by Roger de Hoveden Annalium pars posterior p. 611. to 631 by Mr. Lambard in his Archaion Henry de Knyghton de Eventibus Angliae l. 2. c. 4. Spelmanni Concili p. 613. Mr. Iohn Selden ad Eadmâ—rum Notae Spicelegium p. 172. to 195 Mr. Iohn Fox his Acts and Monuments vol. 1. p. 214. wherein those who please may peruse them â—n these Laws it is observable 1. That all capital corporal pecuniary punishments fines for criminal offences and all reliefs services and duties to the King are reduced to a certainty not lefâ— arbitrary to the King his Iustices or other Officers for the Subjects greater liberty ease and security 2. That they protect preserve the Possessions Privileges Persons of the Church and Clergy from all Invasion injury violence disturbance and specially enact That not only all Clerks and Clergy men but all other persons shall enjoy the peace of God and the Church free from all assaults arrests and other disturbances whatsoever both on Lords-days Solemn Festivals and other times of publike Church meetings eundo subsistendo redeundo both in going to continuing at and returning from the Church and publike duties of Gods worship or to Synods and Chapters to which they are either summoned or where they have any business requiring their personal presence wherewith the Statute of 8 H. 6. c. 1. concurs as to the later clause Therefore all Quakers Anabaptists and others who disturb affront and revile assault or abuse our Ministers or their people as many now doe in going to or returning from the Church or whiles they continue in it as well before or after as during Divine Service Sermons or Sacraments there administred may and ought by the Common Law of England confirmed both by Confessor and Conquerour in their Parliamentary Councils to be duly punished as Breakers of the Peace by all our Kings Justices and Ministers of publike Iustice being ratified by Magna Charta c. 1. and the Coronation Oaths of all our Kings which all our Judges and Justices are bound to observe To keep to God and holy Church to the Clergy and to the People Peace and Concord entirely according to their power especially during the publike worship of God in the Church and in going to tarrying at and returning from the duties which they owe unto him both as his Creatures and Servants And to grant keep and confirm the Laws Customs
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 â—rant 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 oâ— their Crowns to pious or other uses were then either valid in Law or obligatory to their successors without common consent and ratiâ—ications 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 beneâ—it of their Realms by their own royal Charâ—ers 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 fulâ—y 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 Leâ—ters 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 Gervasiusâ— Doroberniensis Matthew Parker and Godwin in his life where they are recorded and in Matthew Westminster An. 880. Chronicon Iohannis 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 reâ—er 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 soâ—ls and the common conservation of his Realm Enacted sundry Ecclesiastical and civil wholsom Laws that by them just judgements might be founded and esâ—ablished throughout his Dominions and that from thenceâ—orth it might be lawfull for no Alderman Senator or other person living within his Realm to abolish these his Laws tending all to advance Piety Justice Peace and preserve his people from violence rapine oppression and all Punishments Taxes Fines but such only as were imposed ascertained by his Laws and Parliamentary Councils as you may read at large in the Laws themselves especially Lex 2 3 4 6 9 10 11 16 17 51 73 74. In the year 694 Withred King of Kent summoned Brithwald Archbishop of Canterbury Toby Bishop of Rochester with the other Abbots Abbesses Priests Deacons Dukes and Earls to a great Council at Beccanceld or Baccanceld as others write it where consulting all together concerning the State of the Churches of God within that Realm how they might establish and perpetuate to them to the end of the World those Lands and Revenues which their 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 Righâ—s Laâ—ds or Dominions of the Churches which they then confirmed nor presume to violâ—te the Privileges granted to them and specially by king Withreds Charter which they ratified in this Council with all their subscripâ—ions wherein he and they exempted Churches from all sâ—cular services and Tribuâ—es but such as they should voluntarily and freely render without compulsion which should not be drawn into custom to their prejudice wiâ—neâ—â—e this Clause of the Charter and exemption then confirmed ab omni debito vel pulsatione Regalium Tributorum â—isi suà spontanea voluâ—tate ex laâ—gitate 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 quiâ—usdam militaribus enacted sundry Ecclesiastical and civil Laws to be added to the former Laws and customs of Kent the first
and executing sundry of his people against Law without any lawfull tryal by their Peeres or Uerdict and Iudgement by a sworn Iury or upon in sufficient evidence or for Crimes not Capital by the Laws The names of these Iudges with their several offences you may read at large in Horn. Had those pretended Judges of a neâ— edition who of late arraigned condemned executed the King Nobles Gentlemen and Freemen of England in strange new arbitrary Courts of high Iustice without any legal Indictment and Tryal by a sworn Jury of their peers and many of them for offences not Capital by any known Lawes or Statutes of the Realm and upon very slender evidence lived in this Iust Kings reign they might justly fear he would have hanged them all up as Murtherers and Capital Malefactors as well as these 44 Judges not altogether so peccant in this kind as they this form of tryal by sworn Juries of their Peers then in use being since confirmed by the Great Charters of King Iohn and King Henry the 3 some hundreds of subsâ—quent Statutes and the Peâ—iâ—ion of Right not known in Alfreds days I find in the Prâ—face to King Alfreds Laws of which Laws Abbot Ethelred gives this â—rue encomium Leges Christianissimas scripsit promulgavit in quibus fides ejus et devotio in deum solliciâ—udo in subditoâ— misericordia in pauperes Iusticia ciâ—ca omâ—es cunctis legentibus pateâ— this observable passage That the Apostles elders assembled in a Synod at Jerusalem Acts 15. in their Epistle to the Churches of the Gentiles to abstain from things offered unto Idols added this Summary of all Laws And what ye would not to be done to your selves that doe ye not to others from which one precept it sufficiently appeareth unicuique ex aequo jus esse reddendum that right or Law is of Iustice to be rendred to every one neither will there be need of any other Law or Law-book whatsoever iâ— he who sits Iudge upon others shall only remember this that he would not himself should pronounce any other sentence against others than what he would should be pasâ—ed against himself in their Case But when the Gospel was propagated many Nations and amongst them the English embraced the faith of Gods word there were then held some Assemblies and Councils of Bishops and other most illustrious Wise men throughout the World and likewise in Eâ—gland and these being throughly instructed by Gods mercy dâ—d now first of all Impose a pecuniary Mulct upon Offenders and without any Divine Offence delegated the Office of exacting it to Magistrates leave being first granted Only on a Traitor and Deserâ—er of his Lord or King they decreed that this Milder punishment by pecuniary Mulcts was not to be inâ—licted because they thought just that such a man was not at all to be spared both because God would have Contemners of him unworthy of all mercy and likewise because Christ did not at all compassionate them who put him to death but appointed the King to be honoured above all others These therefore in many Councils singulorum scelerum paenas constituerunâ— ordained the punishments of every kind of offences and commitâ—â—â— them to writing From whence it is apparent First That all capital coporal and pecuniary Mulcts and penalties for any civil or Ecclesiastical offences whatsoever inflicted on the Subjects of this Realm in that and all former ages since they embraced the Gospel were only such as were particularly defined and prescribed by their Parliamentary Councils and the Laws therein enacted and not left arbitrary to the King Judges or Magistrates as it appears by â—he forecited passages of Beda Malmesbury Huntindon and Bromton concerning King Ethelberts Laws part 2. p. 50. by the Laws of King Ina Lex 2 3 4 6 7 9 10 11 12 13 14 15 21 22 25 26 27 30 31 32 34 35 36 37 38 39 40 41 46 47 48 49 54 57 58 64 73 75 76 80. more specially by the Laws of King Alfred himself Lex 1 2 3 4 5 6 7 8 9 12 13 14 15 17 20 21 24 25 26 27 28 29 30â— 31 32 33 34 35 38 39 40 41 42 44 45 46 48 51. with the Laws of our other Saxon kings prescribing parâ—icular fines pecuniary corporal and capital punishments for all sorts of offences and injuries to avoid all arbitrary proceedings and censures in such Cases 2ly That no imprisonment Corporal Capital or pecuniary Mulcts or punishments whatsoever justly might or legally ought to be then inflicted upon any Malefactors or Trespassers whatsoever but when where and for such offences only as the known Parliamentary and common Laws then in force particularly warranted and prescribed which penalties and Laws could not be altered nor abrogated but by Parliamentary Councils only 3ly That Common right and Justice were then to be equally dispensed to all men by our Kings Judges and other Magistâ—ates according to the Laws then established in such sort as they would have them administred to themselves in the like Caâ—es 4ly That â—ilfull Traitors and Deserters of their lawfull Lords Soveraigns were not to be spared or pardoned by â—he Laws of God or Men nor yet punished only with fines but put to death without Mercy Wâ—eâ—ce â—his Law was then enacted by king Alfred and his Wisemen Lex 4. Si â—uis vel â—er â—e veâ— suscepâ—am vel suspectam â—eâ—sonam De morte Regis tractet vitae suae reus sit et omnium quae habebit and â—f any fought or drew any weapon in the Kings house and was apprehended sit in arbitrio Regis sit vita sit mors sicuâ— ei condonare voluerit Lex 8. because it might endanger the kings person This king Alfred made two special Laws for securing even Leets and Inferiour Courts of Iustice from armed violence and distuâ—bances by fighting which I shall recite Lex 41. Si quis coram Aldermanno Regis pugnet In publico emendet Weram Witam sicut rectum sit supra hoc CXX â— ad Witam Lex 42. Si quis Folemot id est populi placitum Armorum exercitione turbabit emendet Aldermanno CXX s. Witae id est foris factuâ—ae What Fines and punishments then do they deserve who not only fight before and disturb Aldermen and Leets with their Armes but even disturb fight and use their Armes against our Aldermen themselves yea all the Aldermen Peersâ— and Great men of the Realm assembled in the highest greatest Parliamentary Councils and over-awe impriâ—on secure seclude and forcibly dissolve them at their pleasures as some of late times have done beyond all former Presidents During the reign of this Noble king Alfred Gythro the Dane sometimes stiled Godrin or Guthurn Anno 878. with an invincible Army running over all the Coaâ—â—s of England waâ—â—ing the Country and depopulating all sacâ—ed places wheresoeâ—er he came quicquid in auro et argento rapere potest Militibâ—s
a cruel death who gave him this ill advice and to pacifie his Brothers â—host and his own Conscience built two new Monasteries at Middleton and Michelresse and there was scarce any old Monastery in England which he adorned not either with buildings or Ornaments or Books or Landâ— to expâ—ate this his bloody crime In this king Aethelstans reign In the year 927. There were fiery Beams and Meteors seen throughout all the Northern parts of England soon after which Athelstan resolved utterly to extirpate the perfidious Nation of the Danes and treacherous Scots which had violated their Agreement made with his Father whereupon he marched with a great Army by Land and Navy by Sea into Northumberland and Scotland wasted and harrowed the Country without resistance forced Guithfrith King of Northumberland out of his kingdom uniting it to his own Realm vanquished and overcame Howel king of Wales Constantine king of Scots Anlafe the Dane and others in a set battel drove them out of their Realms and forced them to submit to him Who upon their submission knowing the chance of war to be variable and pitying the Cases of these down-cast Princes restor'd them presently to their former estates with this Princely Speech That it was more honour to make a King than to be a King yet these petty Kings Princes rebelling afterwards siding with Anlafe against him were all rouâ—ed by Athelstanâ— King Constantine of Scotland with five more of these Kings 12 Dukes and most of their Army slain in one battel principally by the valor of Turketulus and the Londoners An. 837 Whereupon the petty Kings of Wales contracted to pay him a yearly tribute of 20 pound weight of Gold and 300 of Silver and 25000 head of Cattel with a certain number of Hawks and Hounds which no King of England ever exacted or received from them before William of Malmesâ—ury who exceeds in his praises writes that it was truly reported of him amongst the English Quod nemo Legalius vel literatius rempublicam administraverit That no king governed the Commoâ—weâ—lâ—h more legally or learnedly than he being as Ingulphus records guided and directed by Turketulus his Chancellour a man of great integrity honesty and piety of profâ—und judgement whose decrees upon debate were irrefragâ—ble This king Athelstan for the better administration of Jusâ—ice enacted sundry excellent civil and ecclesiasâ—ical Laws recorded in Bromt. Lamb. Spelm. The first of these his Laws were made and enacted in the famous â—ounâ—il of Grately about the year 928 in which the king himself Wulfehelm Archbishop of Canteâ—bury and the rest of the Bishops and all the Nobles and Wisemen which King Ethelstan could assemble were present who all ordained and confirmed these Laws in this great Council as the last Chapter 〈◊〉 inâ—orms us in â—hese words Totum hoc institutum est et confirmatum In magno Synodo apud Grateleyam cui Archiepiâ—copâ—◠〈…〉 et omnes Optimates et Sapientes quos Adelstanus Rex potuit Congregare Or Cumâ—â— Optimates et Sapientes ab Aetheâ—â—tano evocaâ—â— frequentissimi as another Copy renders itâ— which proves that all the Members of this Council were summoned to it by this kings writ and not elected by the peoples sufâ—rages And although the Archbishops Bishops and other Clergy men were the chief advisers of the Ecclesiastical Lâ—ws made in this Council as this Prologue to them attests Ego Aethelstanus Rex ex prudenti â—lâ—â—elmae Archiepiscopi aliorumque Episcoporum et Servorum Dei consilio mando yet they were all enacted and confirmed by all the Nobles and Wisemen in the Council as the premises evidence In this Council the king commandedâ— by his Laws all his Officers that they should demand and exact from his Subjects such things and duties only as they might justly and lawfully receive adding this memorable reason for it Nunquam enim erit populo bene consultum nec digne Deo conserâ—abitur ubi Lucrum impium et magis falsum diligitur Ideo â—eâ—ent omnes amici Dei quoâ— miquum en enervare quod â—ustum est elevare non paâ—i ut propâ—er falsum et pecuniae quaestum se forisfaciant homines erâ—â—â—ere â—apientem Deum cui displicet omnis injustitia Which I wish all our unrighteous covetous â—â—x-maâ—â—ers Excisers and Exacters would now seriously consider Afâ—er which it follows Chrisâ—ianis autem omnibus necesâ—arium est ut rectum diligant ut iniqua condemnent et saltem sacris Ordinibus erecti justum semper erigant et prava deponant Hinc debent Episcopi cum saeculi Judicibus interesse Judiciis ne permittant si possint ut illinc aliqua pravitatum germina pullulaverint And to avoid all arbitrary proceedings oppressions and Injustice in all things this Council by positive Laws ascertains all fines amerciaments imprisonments and corporal punishments for criminal offences from which the Iudges might not vary And withall defines what Armes every man should â—ind in those times of war against the Danes and other Enemies by his positive Law Lex 21. Sax. 16. Omnis homo habebit duos homines cum bonis equis de omni Carucâ King Ethelstane after this Council at Grately what years is not expressed assembled several other Parliamentary Councils at Exeter Fevresham and Thunderfeld wherein he and his Wisemen by common consent confirmed the Laws made at Grately altering some of them in certain particulars and adding some new Laws unto them as you may read at large in Bromâ—on and as the first Chapâ—er and this Prologue to those Laws assure us ` Haec sunt Judicia quae Sapientes Exonâ—ae consilio Adelstani Regis instituerunt iterum 〈◊〉 Fevresham â— et tertia vice apud Thundresfeldiam ubi hoc definitum simul et confiâ—matum est et hoc imprimis est ut observentur omâ—ia Judicia quae apud Gratelâ—yam imposita fuerint praeter mercatum Civitatis et Diei Dominicae The Cause of making these new Laws and confirming the old was a Complaint to the King in the Council at Exeter that the Peace and Laws made at Grateley were not so well kept as they should be and that Theâ—ves and Malefactors abounded as this Prologue manifests Ego Adelstanus Rex notifico vobis sicut dictum est Michi quod pax nostra pejus observata est quam Michi placet vel apud Grateleyam fuerit institutum Et Sapientes Michi dicunt quod hocdiutius pertuli quà m debueram Nunc inveni cum illis Sapientibus qui apud Exoniam fuerint mecum in sancto Natali Domini quod parati sunt omnino quando velim cum seipsis uxoribus pecunia omni re suâ ire quo tunc voluero nisi malefactores requiescant eo tenore quo nunquam deinceps in patriam istam redeant c. In the Council of Fevresham in Kent the King by some of his Wise-Counsellors sent thither to it propounded some things for the weal
Realm against Law and right by his power and often attempted to incline the Kings minde to his Injustice At last his subtilty proceeded so farr that by fraud deceit and circumvention he banished out of the land almost all the Kings kinred and friends whom he had either brought with him or called out of Normandy as well Bishops as Clerks and Laymen of other dignities believing that all things would succeed according to his desires if the King deprived of all his friends should make use only of his Counsels But Edward dissembling all things in regard of time place and out of religion addicted himself wholly to divine duties sometimes predicting That divine Iustice would at some time or other revenge so great malice of the Earl and telling Godwin himself so much Whereupon on a certain day when the King was celebrating the Feast of Easter at Winchester as most or at Windsor as some or Hodiam as others relate which feast was famous among the people the King sitting at his royal Table at dinner the Kings Cup-bearer Harold Godwins own Son as some record bringing the Kings cup filled with Wine towards the Table striking one of his feet very hard against a stumbling block on the pavement fell almost to the ground but his other foot going straight on recovered him again and set him upright so that he had no harm nor shed any of the wine Upon which many discoursing touching this event and rejoycing that one foot helped the other Earl Godwin who customarily sate next to the King at Table being his Father-in-law laughing thereat said by way of merriment Here a brother helped a brother as some or So is a Brother helping to a Brother and one assisting another in necessity as others report his words To whom the King upon this occasion ironically answering said Thus my Brother Alfred might have assisted me had it not been for Godwins Treachery who would not permit him Which Speech of the Kings Godwin taking over-grievously was sore afraid and with a very pale and sad countenance replied I know O King I know it hath been often reported to thee that I have sought to betray thee and that thou O King dost as yet accuse and suspect me concerning the death of thy Brother Alfred neither yet doest thou think that those are to be discredited who call me either his or thy Traytor or betrayer But let thy God who is true and just and knoweth all secrets judge between us and let him never suffer this piece of bread I now hold in my hand to pass down my throat without choaking me if I be guilty of any Treason at all against thee or had ever so much as a thought to betray thee Or if I be guilty of thy Brothers death or if ever thy brother by me or my counsel was nearer to death or remoter from life And so may I safely swallow down this morsel of bread in my hand as I am guiltlesse of these facts When he had thus spoken the King blessed the piece of bread whereupon Godwin putting it into his mouth swallowed it down to the midst of his throat where it stuck so fast that he could neither get it down nor cast it up by any means till through the cooperation of divine vengeance he was so choaked with it that his breath was quite stopped his eyes turned upside down his arms grew stiff being conscious to himself of what he thus abjured and so he fell down dead under the Table Deus autem justus et verax audivit vâ—cem Proditoris et mox eodem pane strangulatus mortem praegustavit aeternam writes Radulphus de Diceto The King seeing him pale and dead and that divine judgement and vengeance had thus passed upon him said to those who stood by Dragg out of this dog this Traytor and bury him in the high way for he is unworthy of Christian burial Whereupon his Sonnes there present beholding this Spectacle drew him from under the Table into a Bedchamber ubi debitum proditoris sortitus est finem and immediately after they buried him privily in the old Monastery at Winchester without honour or solemnity Abbot Ingulphus thus briefly relates the story of this his death Anno Domini 1053. cum Godwinus Comes in mensa Regis de nâ—ce sui fratris impeteretur ille post multa Sacramenta tandem per buccellam dâ—glutiendam abjuravit buccella gustata continuo suffocatus interiit As this judgement of God upon Earl Godwin for murdering Prince Alfred right heir to the Crown and the Normans who accompanied him 17 years after the fact was most exemplary so Gods justice upon his posterity is remarkable which to omit their forementioned exiles troubles are thus epitomized by Will. Malmâ—b Godwin in his younger years had the Sister of Cnute for his wifeâ— on whom he begat a Son who having passed the first years of his childhood whiles he was riding on a horse given to him by his Grandfather in a proud childish bravado giving him the spurr and â—ains the horse carried him into the swift stream of the River of Thames where he was drowned His Mother also was slain with the stroke of a thunderbolt receiving the punishment of her cruelty who was reported to buy whole droves of slaves especially beautifull maides in England and to send them into Denmark that she might heap up riches by their deformed sale After her death he maried another wife on whom he begot Harold Swane Wulnoth Tosti Girth and Leofwin Harold after Edward was King for some Moneths and being conquered by William at Hastings lost both his life and kingdom with his two younger Brothers there slain in battel Wulnoth sent into Normandy by King Edward because his father had given him for an hostage was there detained a Prisoner without any release during all King Edwards life and being sent back into England in Williams reign continued in bonds at Sarisbury till his old age Swane of a perverse wit treacherous against his King revolted oftentimes both from his Father and his Brother Harold and becomming a Pyrate polluted the vertues of his ancestors with his maritime Robberies and murder At last going barefoot to Ierusalem in pilgrimage out of conscience to expiate the wilfull murder of his Cosen Breuno and as some say his Brother in his return thence he was circumvented and slain by the Saracens Tosti being advanced by King Edward to the Earldom of Northumberland after the death of Earl Syward ruled the County near two years which being expired he stirred up the Northumbrians to a Rebellion with the asperity of his manners for finding him solitary they chased him out of the Country not thinking â—it to slay him by reason of his Dukedom but they beheaded all his men both English and Danes and spoiled him of all his horses arms and houshold-stuff whereupon being deprived of his Earldom he went with his wife and children into Flanders and at
election of the Nobles Clergy and People That although the several Titles he Pretended were perhaps if curiously examined not sufficient to give him a true legal Title and Right to the Crown of England à parte ante because not agreed unto and confirmed by the general consent of the Nobles Kingdom and Nation in a Parliamentary Great Council but only by the King and some particular Prelates and Nobles out of Parliament as Harold in his answers alleged yet being ratified ex parte post both by the subsâ—quent consent agreement submission election Oath homage and fealty of all the people Nobles Clergy by their legal free crowning of him aâ— first by Edgar Atheling his own submission fealty and resignation of his royal right and Title thereby unâ—o him and ratified by succeeding Parliamentary Councils it became an inâ—uhitable Right and Title both in Law and Iustice 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 allegedâ— all Franchises were devolved to the Crown by the Conquest replyed thereâ—o The Conquerour came not at all to â—ut any who had lawfull possession out of their rights but to dispossess those who by their wrong had seised upon any land in dis-inherison of the King and his Crown And with the words of our judicious Hiâ—â—orian Sa. Daniel concerning this king VVilliam Neither did he â—ver 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 verdict of them VVe do commonly and justly stile him the Conquerour For he made a general conquest of tâ—e â—â—ole 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 â— 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 raiâ—ed 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 consentâ— 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 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 tâ—e 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 saâ—d 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 aâ—ter by our Kings â—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 iâ—sue or declared right heir 4. That right heirs to Crowns who are of tender years weak judgement or impotent in Frienâ—s and Purse are easily and frequently put by their rights by bold active and powerfull Intruders as Edgar Atheling was both by Haroâ—d 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 2 ly 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 buâ— even after he had twice taken up armes against him joyning first with the English Nobilitie then with the Danes and Scots against his interest For Edgar coming to him into Normandy Anno 1066. out of Scotland where he lived some years where nihil ad praesens commodi nihil ad futurum spei praeter quotidianam stipem nactus esset he not only pardoned his fore-past offences but magno donativo donatus est pluribusque annis in Curia manens Libram Argenti quotidie in stipendio accipiebat writes Malmesb. receiving a great donaâ—iâ—e 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 waâ— 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 c. Wherefore if thine enemy huâ—ger give him meat if he thirst give him drink c. Bâ— not overcome of evil but overcome evil with goodness 5. That base carnal fears and cowardize oft cause both Prelates Nobles and People to desert their own best interest and lawfull Princes and to act vote and submit to meer unrighteous Usurpers against their primitive resolutions judgements Consciences as here in the case of Edgar and Rich. 3. since 6. That Generals puffed up with victorious successes and having the command of the Land and Sea Forces in their power are apt to aspire after the royal Crown and Soveraignty and forcibly to usurp it upon the next occasionâ— even with the disinheriting of the right heir and hazard of the whole Realm of which Harold is a most pregnant example 7. That ambitious aspirers after the royal Crown and Throne will make no conscience to violate all sacred and civil Oathes Obligations Contracts and find out any evasions to elude them rather than goe without themâ— or part with them when injuriously usurped â—y them and will adventure to crown themselves with their own hands than not wear the Diadem witnesse Harold 8. That Usurpers of Crowns without right though they Court the people with Coronation Oaths and fair promises of good Laws Liberty Immunity from all Taxes and Grievances yet usually prove the greatest Tyrants and Oppressors to them of all others as Harold and William in some sort did That Invaders of Crowns and Soveraign power without any right title or colour of Justice being once in possession will never part with them to those who have better right upon any verbal Treaties but rather
because he had maried Gunilda a Noble maâ—ron 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 Normandy going to Hierusalem Apud Fisâ—hamium PROCERES AD COLLOQUIUM VOCAVIT ibique Gulielmum filium suum haeredem sibi constituens fecit omnes ei fidelitatem jurare And the same year the Norwegians cruelly murdered Olaus their King Doctor Preacher and Apostle with an ax Indignabatur enim Gens illa pagana et cruentissima QUOD PRIMAS LEGES et superstitiosas idem sanctus Rex Olaus praedicando docendo evangelizando statuendo evacuaret But Cnutes gold was the prime cause thereof to get his Crown as he had done his Realm and Edmond Ironsides for whose soul he prayed and offered a rich embroydered Pale on his Tomb at Glastonbury Anno 1026. Hoc autem fecisse creditur ne in mortem ejus cui in certamine singulari confoederatus fuerat consenssisse videretar 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 Iohn That the English School should be frée from Tribute In his going and returning he not only gave large aâ—ms to the poorâ— 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 Radolphus 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 IVST that he promised by Gods assistance to reform it all Therefore I obtest and command all my Counsellors to whom I have committed the Coâ—nsels and Iustice of my Realm that by no means either for fear of me or through favour to any potent person they should from henceforth doe any Injustice or cause it to sprout up in all my kingdom Likewise I command all the Sheriffs and Officers throughout my Realm as they desire to enjoy my favour or their own safety that they do No unjust violence to any Man neither to rich nor poor but it shall be lawfull for all as well Noble as Ignoble to enjoy justice and right from which they might not deviate in any manner neither for Regal favour nor for the person of any potent man nec propter mihi congerendam pecuniam quia nulla mihi necessitas est ut iniqua exactione pecunia mihi congeratur nor yet for raising oâ— heaping up money to me Because there is no necessity for me and let those who now plead Necessity both â—or their own illegal imposing levying of unjust uncessant heavy Taxes Imposts Excises on our Nations without grant and common consent in Parliamâ—nâ—â— consider it that money should be raised and collected for my use by an injust exaction After this he 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 worâ—e than his wordâ— 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 Vâ—cecomitibus Regni Angliae et Praepositis districtè mandavâ—â— ut nulli hominum vim inferant nec propter pecuniam fisco reponendam in aliquo a Iustitia deviant dum non habeat necessitatem de peccato pecuniam aâ—augere If this Forein Danish Conqueror and Usurper of the Crown of Englandâ— quod Bellico Iure obâ—inebat eâ— armorum violentia as Williâ—m 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 relâ—ase 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 Devotion no longer to oppress the griev'd people with their arbitrary Tyrannical Taxes Excises Imposts extravaganâ— 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 monasteriis 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 DEPR
AEDATIONIBUS 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 MEORVM SATISFACERE statum totius sanctae matris Ecclesiae uniuscujusque Monasterii sub Imperio meo constituti cum in aliquo meo patrocinio indiguerint devotione debita emendare omnesque sanctos Dei per haec alia bona opera mihi in meis necessitatibus reddere benignos ac deprecationibus meis favorabiles placatos Ideo in arras hujus meae satisfactionis offero sancto Guâ—hlaco de Croyland caeteris sanctis ejusdem loci de substantia mea unum calicem confirmans Brithmero Abbati Monachis suis totum Monasterium suum Croylandiae cum insula cicumjacente 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 Edelnothi â—mulque cunctorum Dei Sacerdotum Consensu Optimatum meorum as the words of the Charter atteâ—â— 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 Uenerando 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 Anglâ—â—mâ—â—n riâ—â—râ—cipiâ— Impâ—imâ—s volo uâ— Iustae Leges erigantur et injustae sub vertantur et omnis Injustitia modis omnibus saerculetur a modo omnis homo dignus publica rectitudine reputetur paâ—per dives quicunque â—it eis justa judicia judicentur I shall transcribe only â—ome few of his Laws perâ—inent 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 exilâ—o vendantur vel in Gentilitatem nè fortè pereant animae quas propria vita sua mercatus est Dominus noster Ihesus Christus Lex 31. Omnis Injustitia deinceps opprimatur Burgbotam Brigbotam Scipforthunga Frothunga qui Navigii vel expeditionis sonant apparaâ—um sedulo procuremusâ— 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 Vâ—â—lage 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 judicareâ— dignitatem suae legalitatis semper amittat si non eâ—m redimat erga Regem sicut ei permitteâ—ur In Denelaga Lathslithes reus sit si non juxet quod melius nescivit Lex 36. Qui aliquem accusare praesumat unde pecuniae vel commodo pejor sit denique mendacium pernoscatur linguam suam perdat vel Weregildo redimatur Lex 37. Nemo Regem requiret de Iustitia facienda dum ei rectum offertur in Hundredo suo requiratur Hundredum secundum Witam sicut justum est Lex 38. Et habeatur in anno ter Burgimotus Scyremotus bis nisi saepius sit necesse Et intersit Episcopus et Aldermannus et doceant ibi Dei rectum et seculi Lex 59. Non est in aliquo tempore concessa INJUSTITIA et tamen Injustitia est festis diebus et sanctificatis locis propensius interdicta Semperque sicuâ— homo potentior est vel majoris ordinis sic debet solertius pro Deo et seculo quod justum est emendaâ—e Et ideo gratam emendationem sedulo per quiramus de Scripturis Sanctis et secularem juxta legem seculi Lex 83. Si quis de morte Regis vel Domini sui quoquo modo traectaverit vitae suae reus sit â—t omnium quae habebit nisi triplici judicio se purget Lex 91. Si quis Burgbotam vel Brigbotam 1. burgi vel pontis refectionem vel Firdfare 1. in exercitum ire supersedeat emendet hoc erga Regem C.xx s. in Anglorum laga in Denelaga sicut Lex stepit antea vel ita se adlegiet nominentur ei 14. et acquirat ex eis 11. Lex 96. Haec est alleviâ—tio quam omni populo meo praevidere volo in quibus nimis omnino fuerant aggravati Praecâ—pio Praepositis
and slaying such as resisted them Then marching from Severn into the confines of Somersetshire and Dorsetshire they plundered many Towns and Villagâ—s 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 Plimoâ—th 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 depopulating 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 Souâ—hwark 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 Ierusalem to expiate the murder of Beorne together with the Queen his daughter to their former honours Godwin giving his Sonne VVolnoth and Hake the Son of Swane his hostages to the King for his keeping of the peace and future loyaltie to hâ—m 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 Iusticâ— 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 incensâ—d and gave the King evill counsel against Earle Godwin and the English and had invented unjust laws and pronounced unjust judgements against them permitting only some few Normans nominated in our Histoâ—ians 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 Archiepisâ— 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 withoâ—t expecting any actual violence to banish and expell them From all these memorable Historical passages as we may observe the great unconstancy vicissitude and changes of earthly Princes favours worldly honours preferments and popular favour with the great inconveniencies of admitting or advancing forreigners to any places of trust or power under the King or Court so we may likewise conclude that by the Law of that Age. 1. That no Englâ—sh man ought to be condemâ—ned executed imprisoned or put to death upon any great mans bare suggestion no not by the Kings owâ— 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 Conncels 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
English till then were frée-born and the name of bondage never heard among them and they amongst the rest but now nothing but servitude attended them in case they unworthily yielded as others had done to the insolency of this griping Enemy Whereupon by common advice all the people decreed and declared to meeâ— Duke William et cum eo pro Patrâ—is Legibus certare and to fight with him for the Lawes of their Country chusing rather to end an unhappy life by fighting for them in the field than to undergoe the unaccustomed yoak of bondage or to be reduced from their accustomed liberty to an unknown and unsure Slavery The Archbishop and Abbot chusing rather to die in battel than to behold the miseries of their Nation after the example of the holy Maccabees became the Captains of the Kentish Army resolving to die in defence of their Country and Laws whereupon they all resolved to meet together at Swanscomb two miles from Gravesend at a set time Where assembling accordingly they secretly kept together in the woods watching the Dukes approach all joyntly agreeing to block up his passage on all sides and to surround the Duke and his Army on a sudden that they might not escape them every one of the Horse and Footmen carrying a green bough in his hand that they might not be discovered and wherewith if need were they might impeach and hedge up the Normans passage The Duke marching the next day through the fields near Swanscomb the whole multitude of the Kentishmen like a moveable wood surrounded him approaching nearer and nearer to him with a loâ—t pace Which stratagem so daunted the Duke even with the very sight of their approach who being as he thoughâ— free from all Enemies was now suddenly beset on all sides with these moving woods that he knew not but all the other vast woods he saw might be of the like nature neither had he time to avoid the danger The Kentishmen having thus enclosed him round about casting down their boughs bended their bowes drew out their swords shaked their pikes held forth their other arms displayed their banners and sounded their trumpets in token of battel The Duke and his Army being herewith astonished though so puffed up with their former late victory that they had even now to their seeming the whole Realm of England in their hand were so extraordinarily terrified herewith that they stood in danger not only of the losse of the Victory and Army but he even of his own life Whereupon he desired a parley with the Kentish before the battel was joyned Upon this Stigand and Egelsine their Generals were sent Embassadors to the Duke on the behalf of the rest who spake thus to him in their Kentishmens names Most Noble Duke behold the people of Kent are come forth to meet thee as thy friends and are ready to receive and obey thee as their Liege Lord if â—hou shalt grant their most just requâ—stâ— demanding only such things as make for peace and such as only tend to retain the Liberty received from their Ancestors and preserve the Laws and Customs of their Country Neither will they be reduced under Bondage never yet felt by them nor tolerate any new Lawes For they can bear Royal Authority but not Lordly Tyranny Wherefore receive the Kentishmen not as thy Servants but as thy loyal loving and affectionate Subjects Yet upon this condition That all the People of Kent may for ever enjoy their antient Liberty without diminution and use the Laws and Liberties of their Country But if thou endeavourest to take away their Liberty and the Immunity of their Laws thou shalt likewise take away their Lives together with them they being all ready at present to give thee and thine battel and to try the uncertain chance of Warr Being fully resolved rather to die in the field than in any sort to depart with their Countries Laws and Customs or to live under strange Laws or servile Bondage the name and nature whereof is and ever shall be strange unto us For although the rest of the English can submit themselves to Slavery yet Liberty is the proper badge of Kentish men The Duke astonâ—shed with this Oratâ—on and his new troubles with a perplexed troubled mind advised hereupon with his Counsellors and wisely considering that the event of the battel would be very doubtfull that if he should depart without accomplishing his designe or if he should suffer any repulse or inconvenience from this warlike people that it would not onely redound to his great infamy but that it would endanger the loss of his new-acquired kingdom undo what ever he had hitherto effected and turn all his hopes and security into danger if he should not joyne Kent the key of the whole Realm to the rest of the Kingdom and retain it more by friendship and compact thus offered to him than by force And considering likewise that their demands were not unreasonable he thereupon not so willingly as wisely rather out of necessity than voluntarily granted to the Kentish men that they should live freely according to their antient Laws and Customes Whereupon there being a League made between William and the Kentishmen and Hostages given on both sides for performance of it they thereupon laid down their arms and the joyful Kenâ—ish men conducted the joyous Normans to Rochester where they resigned up to Duke William both the County of Kent and noble Castle of Dover And thus the antient Liberty Laws Usage and Custom of the English called Gavelkind in the municipal English Laws which was frequently and equally used throughout the whole Realm of England before the comming of Duke William afterward taken from others continued more inviolable even till these our dayes in Kent alone by the industry courage intercession and earnest vehemency of Stigand and Egelsine Which thing is sufficiently proved out of antient Writings concerning the customs of Kent wherein it is thus recorded Dicit Comitatus quod in Comitatu isto de jure debâ—t de ejusmodi gravamine esse liber quia dicit quod â—omâ—tatâ—s iste ut residuum Angliae nunquam fuit Conquestus sed per pacem factam se reddidit Conquestioris dominationi Salvis sibi omnibus Libertatibus suis et liberis consuâ—tudibus primo habitis et usitatis And from this valour and prowesse of the Kentishmen in standing thus manfully for the Laws Cnstoms and Liberties of their Country both against Duke William and the Danes before him when as the other English basely submitted their necks to their Vassalage they first obtained and for many years after claimed enjoyed this special priviledge That in all Armies and Baâ—taliaes of the English they had the honour of the Van and foreward and were worthily placed in the front in all conflicts with the Enemy they above all other Englishmen retaining still the badges of their antieut worthinesse and Liberty Duke William having thus rather reconciled than subdued Kent to
victoribus suis participarunt de caeter is in â—orum 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 hâ—c involvat calumnia Verum sicut in tranquillitate malos cum boâ—is fovet plaerumque Dei sereniâ—as ita in captivitate bonâ—s cum malis noâ—nunquam ejusdem constringit sevâ—ritas I have insisted more largely upon the Historical part of Harolds usurpation perjury short and troublesom reign tragical death Duke Wâ—lliams 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 fundry 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 â—alse 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 Harâ—lds 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 Loâ—doners and others who first appeared for Edgar with the greatest pâ—rt 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 maâ—â—â—tan 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 possâ—ssion 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
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 caeteris 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 Hida 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 terra 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 et non Lege 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 granâ—ed 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 raiâ—ed 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 dâ—stroy 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 pronounâ—ed concerning the name of a King by William the bastard King of England foolishly writ to Pope John demanding this queâ—â—ion 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 â— 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 Ilands 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 abovesaid be appointed and limited to the name of this kingdom A King abovâ— all things ought to fear God to â—ove 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 aud 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 Iudgement and Iustice 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 as well of the Temporalty 〈◊〉 of the Spiritualty before he be crowned of the Archbishops and Bishopâ— Three Servants the King ought to havâ— under his feet as Vassals Fleshly Lust Avarice and Grâ—edy 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 Kingâ— 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 quâ—modo 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-Father-in-law abusing his simplicity multa in regno contra jus et fas pro potestate faciebat did many things in the