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A91297 The third part of a seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, laws, government of all English freemen; with a chronological collection of their strenuous defenses, by wars, and otherwise: of all great Parliamentary Councills, synods, and chief laws, charters, proceedings in them; of the publike revolutions of state, with the sins and vices occasioning them; and the exemplary judgements of God upon tyrants, oppressors, perjured perfidious traitors, rebels, regicides, usurpers, during the reigns o [sic] four Saxon and Danish Kings, from the year of our Lord 600. till the coronation of William the Norman, anno 1066. Collected out of our antientest, and best historians, with brief usefull observations on and from them. / By William Prynne esq; a bencher of Lincolns Inne.; Seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen. Part 3 Prynne, William, 1600-1669. 1657 (1657) Wing P4102; Thomason E905_1; ESTC R207432 279,958 400

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with the Second part as a branch thereof above two years since but that the Stationer then kept it back for fear it should swell that Part overbigg for his present Sal● whereby th● bulk of this Third Part is now augm●nted beyond its first intended proportion which all Readers may do well to binde up with the two former parts to which it hath special relation more particularly to the ten Propositions in the First Part to which the Proposition figures in the margin refer The most of that large tract of 450. years space I have here Chronologically run through was spent either in bloody intestine wars between our Saxon Kings themselves or the Welsh Buitons warring upon and against each other or else in defensive Wars both by Land and Sea against the invading bloody p●●●dening Danes Norwegians Scots Normans and other Foreign Nations During which Military seasons Religion Devotion Piety Law Iustice Parliamentary Councills Synods and just Government are usually cast a side and quite trampled under foot yet it is very observabl● for the perpetual honour of our Kingdom and Kings that as during the reign of our antient British Kings before the Saxon race here seated our Kingdome of Brittain produced Lucius the first Christian King Helena the first Christian Queen and Constantine the great her son the first Christian Emperour in the world who publickly imbraced professed countenanced propagated the faith and Gospel of Iesus Christ and abolished Pagan Idolatry in their Dominions And of later times as our English Realm brought forth King Henry the 8th the first Christian King in the world who by Acts of Parliament abolished the Popes usurped power and jurisdiction out of his Dominions King Edward the sixth his son the first Christian King and Queen Elizabeth the first Christian Queen we read of in the world who totally abolished suppressed Popery banished it their kingdoms and established the publike Profession of the Protestant Religion by publike Statutes made in their Parliaments So during the reigns of our Saxon Kings after they turned Christians this Realm of England procreated more devout holy pious just and righteous Kings eminent for their piety justice excellent Ecclesiastical and Civil Laws transcendent bounty to the Church Clergy and Martyrdom for the defence of Religion and their Country against Pagan Invaders than any one Kingdom throughout the World There being no less then 15 or 16 of our Saxon Kings and 13 Queens within 200 years space who out of piety devotion and contempt of the world according to the piety of that age ●ut of date in this voluntarily renounced their earthly Crowns and Kingdoms and became professed Monks Nuns to obtain an incorruptible Crown and Kingdom in Heaven 12 Kings crowned with Martyrdom being slain by Pagan invaders 10 of them being canonized for transcendent Saints and enrolled for such in all Martyrologies Liturgies of the Church which I doubt few of our new Republican Saints will he Yea the piety of our Kings in that age was generally so surpassing Ut mirum tunc fuerat Regem non Sanctum videre as John Capgrave informs us Whence Wernerus a forein Chronologer in his Fasciculus temporum records Plures se invenisse sanctos Reges in Anglia quam in alia mundi Provincia quantumcunque populosa And Abbot Ailred long before him gives this memorable testimony of the Sanctity Martyrdom Justice and study of the peoples publike we al before the private shining forth in our Saxon Kings more than in any other kings throughout the world Verum prae cunctis civitatibus Regnisve terrarum de sanctitate Regum suorum Anglia gloriatur quorum alii coronati martyrio de terreno ad caeleste Regnum migraverunt alii exilium patriae praeferentes mori pro Christo peregre deligerunt nonnulli posito diademate disciplicinis se monasticis subdederunt quidam in justitia et sanctitate regnantes prodesse subditis quam praeesse maluerunt whose footsteps I wish the pretending self-denying antimonarchical domineering Saints over us would now imitate inter quos istud Sydus eximium gloriosus Rex Edwardus emicuit quem cernimus in divitiis egenum in deliciis sobrium in purpura humilem sub corona aurea se●uli contemptorem So as the Prophesies of Psal 72 2 6. Isay 42 4 10 12. c. 49. 1 23. c. 51 5. c. 60 9 10 11. c. 66. 19. seem to be principally intended and verified of our Kings Isle above all others in the world No wonder then that these ages of theirs afford us not withstanding all the wars tumults combustions therein sundry memorable Presidents of great Parliamentary Councils Synods Civil and Ecclesiastical excellent Laws and Canons made in royal Charters confirmed by them with divers memorable Mouuments both of our Parliamentary Councils Kings Princes Nobles Peoples constant care diligence prudence fortitude in defending preserving vindicating and perpetuating to posterity the good old Laws Liberties Franchises Rights Customs Government publike justice and Propriety of the Nation to suppress abolish all ill Law tyrannical unjust Proceedings Oppressions Exactions Imposts Grievances Taxes repugnant thereunto to advance Religion Pi●ty Learning the free course of Iustice and the peoples welfare Which I have here in a Chronological method for the most part faithfully collected out of our antientest best Historians and Antiquaries of all sorts where they ly confused scattered and many of them being almost quite buried in oblivion and so far forgotten that they were never so much as once remembred or insisted on either in our late Parliaments and Great Courts of Iustice in any late publike Arguments or Debates touching the violation or preservation of the fundamental Laws Liberties Properties Rights Franchises of the Nation now almost quite forgotten and trampled under foot after all our late contests for their defence I have throughout these Collections strictly confined my self to the very words and expressions of those Historians I cite coupling their relations together where they accord in one citing them severally where they vary and could not aptly be conjoyned transcribing their most pertinent passages in the language they penned them omitted by our vulgar English Chronologers and annexing some brief observations to them for Explanation or Information where there is occasion The whole undertaking I here humbly submit to the favourable acceptation and censure of every judicious Reader who if upon his perusal thereof shall esteem it worthy of such an Encomium as William Thorne a Monk of Canterbury hath by way of Prologue praefixed to his own Chronicle Valens labor laude dignus per quem ignota noscuntur occulta ad noticiam patescunt praeterita in lucem praesentia in experientiam futura temporibus non omittantur quia labilis est humana memoria necesse constat scriptis inseri memoranda ne humanae fragilitatis contingens oblivio fieret posteris inopinata confusio It will somewhat incourage me to proceed
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 admoni●ion Coyfi added that he desired to hear Paulinus preaching concerning God more diligently than before which when he had done by the Kings command he cryed out having heard his preaching I heretofore understood that what we worshipped was nothing because by how much the more diligently I sought the truth in that worship the less I found it But now I openly professe that in this preaching the truth shines forth which is able to give unto us the gifts of eternal life salvation and happiness Whereupon O King I advise thee that the Temples and Altars we have consecrated without any fruit or benefit we should now presently execrate and burn Upon this without more debate the King openly gave his assent to the preaching of Paulinus renouncing Idolatry confessed that he did imbrace the faith of Christ. And when the King demanded of Coyfi his Priest who ought first to prophane and destroy the Altars Temples of the Idols with the rails and bounds wherewith they were inclosed He answered I who have worshipped them through foolishness And presently renouncing his Superstition he demanded Arms and an Horse of the King which by their old Law Priests might no● use which being granted him he mounted the Horse with a Sword and Lance in his Hand and riding to the Idols thus armed the people deeming him to be mad prophaned the Temple and commanded his Companions to destroy and burn it with the Idols and all the Hedges about it which they did Whereupon the King with his Nobles and very many of the people embraced the Christian Religion and were baptized by Paulinus in the Church of St. Peter at York which the King there speedily commanded to be built of Wood and afterwards enlarged ordaining Paulinus Bishop of that place who converted baptized him and his people as Beda and others more largely record the History From which memorable president we may observe these particulars 1. That the King himself could not then alter the established Laws or received Religion of this Realm though falfe nor introduce new Laws or set up the true Religion without the concurrent Assent of his Nobles and Wisemen in a general Parliamentary Council 2. That the Princes Chief Priests Nobles an● Aeldermen of the Realm were the Parliament Members in that Age. 3. That every one of them in these Councils had freedom of Vote and Debate and gave their voices severally for the bringing in of Christianity and destruction of Idolatry William of Malmesbury gives this Character of this Kings Government after he became a Christian and of the vicissitude of humane affairs worthy our present observation he being suddenly slain in battle together with his Son after all his former conquests and felicity Nullus tunc Praedo Publicus nullus latro domesticus insidiator conjugalis pudoris procul Expilator alienae Haereditatis exul Magnum id in ejus laudibus nostra aetate splendidum Itaque Imperii sui ad eos limites incrementa perducta sunt ut Justitia Pax libentèr in mutuos amplexus concurrerent osculorum gratiam grata vicissitudine libantes faeliciter tunc Anglorum Respublica procedere potuisset nisi mors immatura temporalis be atitudinis Noverca turpi fortunae ludo virum abstulislet Patriae Aetatis enim 48. Regni 17. Rebellantibus Regulis quos sub jugum miferat Ceadwalla Britonum Penda Merciorum cum Filio interemptus miserabile varietatis humanae fuit exemplum nulli prudentiâ inferior qui nè Christianam fidem nisi diligentissimè inspectatâ ra●ione voluit suscipere susceptaeque nihil existimare comparabile Anno 673 Theodor Archbishop of Canterbury held a great Council at Hertford presentibus Episcopis Angliae ac Regibus Magnatibus universis the Bishops of England and Kings to wit King Lotharius and Easwine and all the Nobles being present at it In this Council they made ten Canons or Laws which they all subscribed and ra●ified with their hands the 7th whereof was That a Synod or Parliamentary Assembly should be assembled twice or because divers causes hindred Placuit omnibus in commune they all agreed in common that in the Calends of August in a place called Cloveshoon a Synod should be congregated at least once every year The rest of them you may peruse in the marginal Authors at leisure being meerly Ecclesiastical and not so pertinent to my Discourse Ceadwalla King of the West-Saxons In the year of our Lord 680. granted to Bishop Wilfrid certain Lands with their appurtenances called Pagaliam cum consensu devotâ confirmatione omnium Optimatum meorum with the consent and devout confirmation of all his Nobles assembled in a Parliamentary Council the grant of his Crown Lands to him being not valid to bind his Successours without his Nobles concurrent confirmation William of Malmesbury writes of him That though before his conversion unto Christianity he addicted himself to wars and to plunder and spoil his neighbouring Kings yet he conscientiously dedicated the tenth of all his spoils to God Inter haec arduum memoratu est quantum etiam ante Baptismum inservierit pietati ut omnes manubias quas jure praedatorio in suos usus transcripserat Deo Decimaret In quo et si approbamus affectum improbamus exemplum juxta illud Qui offert sacrificium de substantia Pauperis quasi qui immolat filium in conspectu patris If all the Plundering warring Saints of this Age would imitate his example in giving the Tenths of all their spoils and plunders to God his Ministers instead of spoiling them of their Tithes and antient Church-Revenues men would deem them as good Saints as this plundering conquering Saxon King of whom it is likewise storied that before he turned Christian intending to invade the Isle of Wight and unite it to his Kingdom he vowed to give the 4th part of the Iland and Prey to Christ if he should vanquish it Whereupon he conquering the Isle slew the Natives in it being Pagans with a Tragical slaughter and in performance of his vow gave to Bishop Wilfrid and his Clerks for their maintenance and encouragement the possession of 300 I Hides of Land being the fourth part thereof When our new Conquerours shall be so bountifull in bestowing the fourth or but the tenth part of all the pretended conquered Lands they have gotten on Christs Church and Ministers instead of
from these remote obscure times to ages next ensuing in the like or some other Chronological method But if any out of disaffection to the work or diversity from me in opinion shall deem these Collections useless or superfluous I hope they will give me leave to make the selfsame Apology for my self and them as our most judidicus Historian t William of Malmesbury long since made for himself and his Historical collections Et quidem erunt multi fortassis in diversis Regionibus Angliae qui quaedam aliter ac ego dixi se dicant audisse vel legisse Veruntamen si recto aguntur judicio non ideo me censorio expungent stilo Ego enim veram Legem secutus Historiae nihil unquam po●ui nisi quod à sidelibus relatoribus vel scriptoribus addidici Porro quoquo modo haec se habeant privatim ipse mihi sub ope Christi gratulor quod continuam Anglorum Historiam ordinaveram vel solus vel primus at least wise in this kind Si quis igitur post me scribendi de talibus munus attentaverit mihi debeat collectionis gratiam sibi habeat electionis materiam Quod superest munus meum dignanter suscipite ut gaudeam grato cognitoris arbitrio qui non erravi eligendi judicio Thus craving the Benefit of thy Prayers for Gods Blessing on these my publications for the common liberty weale and Benefit of the Nation I commend both them and thee to Gods tuition and benediction 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 make any War Peace or to alienate the Lands or ancient Revenues of their Crowns to any pious publique or private uses whatsoever without the common consent of their Nobles and Wisemen in general Parliamentary Councils together with a Summary of the Laws of Ethelbert the first Christian Saxon King wholly pretermitting the Names Acts Kingdoms of our first Pagan Saxon Usurpers rather than lawfull Kings who though many and great in their generations were very speedily brought to nothing their Kingdoms begun erected by blood conquest and meer power of the Sword standing not long unshaken by civil wars among themselves each King envying his equals greatness and seeking to inlarge his own Dominions upon the next In which Combustions few or none of them came to the Grave in due time but were either slain in war or treacherously murdered in Peace or expelled their Realms by or forced to resign their Crowns to others after all their former prosperous successes and reigns wholly spent in Wars Troubles Seditions Rebellions Rapines affording nothing worthy memory for their peoples good the Kingdoms settlement or imitation of Posterity Whence Henry Huntindon in the close of the 2 Book of his Histories p. 320 hath this Observation concerning them very seasonable for our present times Vide igitur Lector perpende quanta Nomina quam cito ad nihilum devenerint Attende quaeso stude cum nihil hic duret ut adquiras tibi regnum substantiamillam quae non deficiet Nomen illud honorem qui non pertransibit monimentum illud claritatem quae nullis saeculis veterascet Hoc praemeditare summae prudentiae est acquirere summae caliditatis adipisci summae faelicitatis I shall now in this Section proceed in my intended Chonological Method to their next succeeding Christian Saxon Kings reigns in England till the reign of King Cnute the Dane Anno Domini 1017. It is recorded of Aethelbert the first Christian Saxon King of Kent that keeping the Feast of our Saviours Nativity at Canterbury with his Queen Eadbald his Son Arch-Bishop Augustine and the Nobles of the Land he there held a Parliamantary Council with them on the 5. of January in the year of our Lord 605. Which Thomas Sprot thus expresseth in the Language of his age rather than of that Convocato ibidem communi Concilio tam Cleri quam Populi dic quinto Januarii he did then and there Omnium singulorum approbatione consensu as he relates or cum consensu Venerabilis Archie ●iscopi Augustini Ac Principum meorum cum Aedbaldi filii mei aliorumque Nobilium optimatum meorum Consilio as his Charters recite give grant and confirm to the Church of St. Peter and Paul in Canterbury for ever sundry Lands pretious Utensils Privileges and Immunities by his Charters made and ratified in this Council In which it is most probable he likewise made those Judicial Decrees and Laws with the advice of his Wise men for the benefit of his people in his own Country Saxon Language Which our venerable Beda William of Malmesbury Huntindon Bromton and others mention only in the general and Bishop Enulph hath registred to posterity in his famous manuscript intituled Textus Roffensis of which I have given you some account before Section 3. p. 50 51 52. on which you may reflect In the year of Christ 627 Paulinus perswading Edwin King of Northumberland to become a Christian to avod eternal torments and to be made a partaker of the Kongdom of Heaven The King answered That he was both willing and ought to receive the faith which he taught but he ought first to confer with his Friends Princes and Counsellors concerning it that so if they concurred in judgement with him they might all be baptized together Assembling therefore his Wisemen and advising with them he demanded severally of them all What that Doctrine which they never heard of till then and that new worship of God which was preached by Paulinus seemed to them To whom Coyfi the chief of the Priests presently answered Do thou consider O King what that Religion is which is now preached to us I profess unto thee that which I have most certainly learned that the Religion we have hitherto imbraced hath no virtue at all in it whereupon it remains that if those new things which are now preached unto us shall appear to thee upon
World those Lands and Revenues which their pious Kings and Ancestors had granted and appropriated to God and his Church as their perpetual inheritance without substraction or diminution They thereupon enacted decreed and in the name of God Almighty commanded that all their successours both Kings and Princes with all other Laymen whatsoever should not invade the Rights Lands or Dominions of the Churches which they then confirmed nor presume to violate the Privileges granted to them and specially by king Withreds Charter which they ratified in this Council with all their subscriptions wherein he and they exempted Churches from all secular services and Tributes but such as they should voluntarily and freely render without compulsion which should not be drawn into custom to their prejudice witnesse this Clause of the Charter and exemption then confirmed ab omni debito vel pulsatione Regalium Tributorum nisi suâ spontaneâ voluntate ex largitate beneficiorum quid facere velint tamen hoc imposterum non servetur nec habeatur in malam consuetudinem The same King Withred in the Parliamentary Council of Berghamsteed Anno 697. by the advice and common consent of his Bishops and other Ecclesiastical Orders cum viris quibusdam militaribus enacted sundry Ecclesiastical and civil Laws to be added to the former Laws and customs of Kent the first whereof is this That the Church shall be free and enjoy her Judgements Rents and Pensions And Anno Dom. 700. this king Withred unâ cum consensu Principum meorum together with the consent of his Nobles and Bishops who subscribed their names to his Charter granted to the Churches of God in Kent that they should be perpetually freed ab omni exactione publica tributi atque dispendio vel laesione à praesenti die tempore c. From all publick exaltion of Tribute and from all dammage and harm rendring to him his posterity such honour and obedience as they had yeelded to the Kings his antecessors under whom Justice and Liberty was kept towards them About the year of our Lord 678. Wilfrid Archbishop of York being in a Council unjustly deprived of his Bishoprick by Theodor Archbishop of Canterbury who envied the greatness of his Wealth Power and Diocess which he would and did against Wilfrids will in that Council divide into 2 more Bishopricks was after that time exiled the Realm through the malice of Egfrid king of Nortbumberland and Emburga his Queen whom he would have perswaded to become a Nun and desert her Husband as some Authors write and others deny in his favour without any just and lawfull cause and after that about the year 692. being again deprived of his Bishoprick and right by the Judgement and sentence of another Council held under Aldrid king of Northumberland and Bertuald Archbishop of Canterbury he thereupon made two successive appeals to Rome against their two unjust sentences as he conceived them The first to Pope Agatho and a Council of 150 Bishops held under him who decreed he should be restored to his Bishoprick and make such Bishops under him by advice of a Council to be held by him as he should deem meet with which decree against his first sentence he returning from Rome to king Egfrid to whom he delivered it sealed with the Popes Seal the king upon sight and reading thereof in the presence of some of his Bishops tantùm à reverentiâ Romanae sedis abfuit was so far from obeying this Decree of the Roman See that he spoiled Wilfrid of all his Goods and possessions and committed him prisoner to a barbarous and cruel Governour who thrust him into a dark dungeon for many days and after that committed him to another more cruel Gaoler than he called Tumber who endeavoured to put him into Fetters by the Kings command which he could no ways fasten upon his Legs but they presently fell off again through a Miracle Whereupon wickedness giving place to Religion he was loosed from his Bonds detained in free custody and afterwards released but not restored After which about the year 693. he appealed again to Pope John against the proceedings of the second Council which refused to re-admit him to his Archbishoprick unless he would submit to the decrees of Archbishop Theodore and Brithwald his successor which he refused to do unless they were such as were consonant to the decrees of the holy Canons which he conceived theirs not to be because they would order him to condemn himself without any Crime objected to him Upon which appeal this Pope with his Bishops pronounced Wilfrid free from all Crime and ordered him to return to his A●chbishoprick writing Letters to Ethelred King of Mercians and Alfrid King of Northumberland to restore him thereunto Alfrid receiving the Popes Letters by Wilfrids Messengers altogether refused to obey the Popes commands in this Case saying Quod esset contra rationem homini jam bis à toto Anglorum Concilio damnato propter quaelibet Apostolica scripta communicare That it was against reason to communicate with a man already twice condemned by the whole Council of the English Nation for any writings of the Pope so little were the Popes authoritie and decrees then regarded in England contradicting the kings and English Councils proceedings neither would he restore him all his life After his death Edulfe usurping the Crown by Tyranny Wilfrid repaired to him to restore him to his Archbishoprick upon this account of the Popes Letters Whereupon he was so inraged with him for it though formerly his great friend that he presently commanded him to depart the Realm forthwith unless he would be spoiled of all his goods and cast out of it with disgrace But this Usuper being deprived both of his Realm Crown and Life in little more than 3 Months space and Osred son of king Alfrid being restored to the Crown by the Nobles as right heir thereunto at last Wilfrid was re-invested in his Bishoprick by the decree of a Council held under him in Northumberland at a place called Nidden An. 705. not so much in obedience to the Popes command as king Alfrids attested by Elfleda his Sister then Abbess of Streneshash witness these words of Berfride Ego jussionibus Papae obediendum censeo praesertim cum eorum robori accedat Regis nostri Jussio nostrae necessitatis sponsio c. Puer in Regem levatus hostis abactus Tyrannus extinctus est igitur Regiae voluntatis ut Episcopus Wilfridus revestiatur Upon which he was accordingly restored whereupon all the Bishops embraced him and reconciled themselves to him This Bishop Wilfrid procured to the Church of Hagustald which he founded and was Bishop thereof many privileges and that for one miles circuit round about none should be arrested going or coming but injoy inviolable peace Quod institutum authoritate privilegiis Romanae sedis Apostolicorum Archiepiscoporum Episcoporum Regum Principum
tam Scotiae quam Angliae confirmatum est Quod si aliquis temerarius infringere audebit magnae pecuniae damno obnoxius erit perpetuo Anathematis gladio ab ecclesiâ seperabitur as Richard Prior of Hagustald records Anno Domini 708 Egwin Bishop of Worcester procured king Kenred and Offa by their Charters to grant and confirm many Lands and Privileges to the Abbey of Evesham which Pope Constantine likewise ratified by his subscription at Rome as well as these kings in the presence of many Archbishops Bishops Princes and Nobles of divers Provinces who commended and approved their Charters and Liberality In pursuance whereof Pope Constantine writ a Letter to Brithwald Archbishop of Canterbury to summon Concilium totius Angliae a Council of all England to wit of the Kings Bishops Religious persons of Holy Orders Optimatesque Regni cum proceribus suis with the Nobles and great men of the Realm who being all assembled together in the name of the Lord The Archbishop should in their presence read the Charters of these Kings and the Popes confirmation of them that they might be confirmed by the favour and assent of the Clergy and the people and consecrated with their Benediction Whereupon king Kenred and Offa after their return from Rome assembled a General Council in a place called Alne where both the Archbishops Brithwald and Wilfrid with the rest of the Bishops Nobles and these two Kings were present wherein Donationes omnes confirmatae sunt all these their Donations and Charters were confirmed and likewise in another Synod at London An. 712. A most pregnant evidence that these kings Charters and Donations though ratified by the Pope himself were not valid nor obligatory to their successors or people without their common consent to and confirmation of them in a general Parliamentary Council of the Prelates Nobles Clergy and Laity even by the Popes and these kings own confessions and practice in that age In the year of our Lord 716. Ethelbald king of Mercians by his Charter gave to God the blessed Virgin Saint Bartholomew Kenulphus the whole Isle of Croyland to build a Monastery and confirmed it to them for ever free from all Rent and secular services inde Chartam suam in praesentia Episcoporum Procerumque Regni sui securam statuit all his Bishops and Nobles of his Realm assenting to and ratifying this Charter of his both with the subscriptions of their names and sign of the Cross as well as the King that so it might be firm and irrevocable being his demesne Lands which Charter is at large recorded in the History of Ingulphus About the year of Christ 720. some fabulously write that king Ina took Guala daughter of Cadwallader last king of the Britons to wife with whom he received Wales and Cornwal and the blessed Crown of Britain Whereupon all the English that then were took them wives of the Britons race and all the Britons took them wives of the illustrious blood of the English and Saxons which was done Per commune Concilium et assensum omnium Episcoporum ac Principum Procerum Comitum et omnium Sapientum Seniorum et populorum totius Regni a●●embled together in a 〈◊〉 Parliamentary Council Et per praeceptum Regis Inae whereby they became one Nation and Peopl● Af●er which they all called that the Realm of England which before was called the Realm of Britain and they all ever after stood together united in one for common profit of the Crown of the Realm and with a unanimous consent most fiercely fought against the Danes and Norwegians and waged most cruel wars with them for the preservation of their Country Lands and Liberties An. 705. King Ina by his Royal Charter granted and confirmed many Lands to the Abbey of Glastonbury endowing that Abbey and the Lands thereto belonging with many large and great Privileges exempting them from all Episcopal Jurisdiction and from all regal exactions and services which are accustomed to be excepted and reserved to wit from Expedition and building and repairing of Castles or Bridges from which they should inviolably remain free and exempted and from all the promulgations and perturbations of Arch-Bishops and Bishops which privileges were formerly granted and confirmed by the ancient Charters of his Predecessors Kenewalcus Kentwin Ceadwalla and Baldred This Charter of his was made and ratified by the consent and subscription not only of king Ina himself but also of Queen Edelburga king Baldred Ad●lard the Queens Brother consentientibus etiam omnibus Britanniae Regibus Archiepiscopis Episcopis Ducibus atgue Abbatibus all the Kings Archbisho●s Bishops Dukes and Abbots of Britain consenting likewise thereunto many of which subscribed their names unto it being assembled in a Parliamentary Council for that end King Ina In the year 727. travelling to Rome built there a school for the English to be instructed in the faith granting towards the maintenance of the English Scholars there a penny out of every house within his Realm called Romescot or Peterpence to be paid towards it every year All which Things and Tax That they might continue firm for perpetuity Statutum est genera●l decreco c. were confirmed by a general decree of a Parliamentary Council of his Realm then held for that purpose of which before more largely In the year of our Lord 742. There was a Great Parliamentary Council held at Clovesho or Clyffe where Ethelbald King of Mercia sate President with Cuthbert Archbishop of Canterbury the rest of the Bishops sitting together with them diligently examined things necessary concerning Religion and studiously searched out of the antient Creeds and institutions of the holy Fathers how things were ordered according to the rule of equity in the beginning of the Churches birth in England whiles they were inquiring after these things and the antient privileges of the Church at last there came to their hands the Liberty and Privileges which King Withred had granted to the Chu●ches in Kent which being read before all by King Ethelbalds command they were all very well pleased therewith and said unanimously That there could not be found any so noble and so prudent a Decree as this formerly made touching Ecclesiastical Discipline and therefore Hoc ab omnibus firmari sanxerunt decreed that it should be confirmed by them all Whereupon King Ethelbald for the salvation of his soul and stability of his kingdom confirmed and subscribed with his own munificent hand That the Liberty Honour Authority and security of Christs Church in all things should be denied by no person but that it should be free from all secular services with all the lands pertaining thereunto except Expedition and building of Bridge and Castle And like as the said King Withred himself ordained those privileges should be observed by him and his so he and this Council commanded they shall continue irrefragably and immutably
of his Kingdom shed much blood For ne came to the Crown by the slaughter of King Bernred forementioned deposed and slain by him for his usurpation Tyranny and Mis-government then he invaded and slew with his own hand Alrick King of Kent routed his forces and reduced that kingdom under his own After this marching from South to North even beyond Humber he made Havock of all that stood in his way Whence returning in Triumph he set upon the West-Saxons and vanquished them forced their king Kenwolf to fly into Wales to the Britons for aid then en●red into Wales routed their King Marmodius for breaking his Truce made a great slaughter of the Britons after ten years prosperous wars to conquer others returned victoriously into his own territories After his return thither to compleat his bloody Tragedies Ethelbert King of East-Angles coming upon solemn invitation to his Court in great state to marry his Daughter was there treacherously murdered by his Wife Quendreda's solicitation and practice with his privity and consent who caused a deep pit to be digged in his Bed chamber under his Chair of State or Bed into which he falling was there treacherously murdered and his head cut off by Gaymbertus who presented it all bloody to King Offa who to colour the business seeming to be sorrowfull for this murder shut himself up in his Chamber and there fasted 8 days space but then sending a great Army into the Kingdom of this murtherea Prince seised on united it to his own Empire But Gods exemplary vengeance pursued this hainous bloody Treachery notwithstanding all his feigned magnified Saintship and works of Charity and Piety for within one year after this bloody fact committed both Queendreda Offa and their Son Egfrid the only joy and pride of his Parents all died and his very kingdom it self was translated from the Mercians to the West-Saxons whom he had conquered and oppressed O that all men of blood and unjust invaders of others Crowns Realms Possessions by war bloodshed and Treachery would seriously consider this President with all others of this nature both at home and abroad collected to their hands by Sir Walter Raughly in his excellent Preface before his famous History of the World About the year of Christ 797. Cynwolfe or Kenulph King of West-Saxons held a Council wherein he with his Bishops unacum caterva Satraparum and likewise with a great company of his Nobles there assembled writ a Letter to Lullus Bishop of Mentz touching some matters of Religion then in Debate In the year 798. the third of King Kenulph his Proposit 5 6. reign there was a great Parliamentary Synod assemat Anno. 798. Pinchamhalch wherein Eanbaldus or Embaldus Archbishop of Yorksate President with very many wise and great Men by whose Wisdom and Justice the Kingdom of Northumberland was then much advanced and renowned Who after they had debated many things concerning the benefit of holy Church and profit of all the Provinces of the People of Northumberland the observation of Easter and of Divine and secular Laws the increase of Gode service and the honours and necessities of the servants of God rehearsed and ratified the faith of the 5 first General Councils concerning the Trinity in brief and pithy expressions fit now to be revived in these times of Heresie and Blasphemy The same year there was another Great Council held at Bacancold wherein Kenulph King of Mercians sate President Athelardus Archbishop of Canterbury 17 other Bishops sundry Abbots Arch-deacons and other fit persons being there likewise present Wherein by the command of Pope Leo it was decreed That from thenceforth no Laymen should exercise Dominion over the Lords Inheritance and Churches but that they should be governed by Holy Canons and the Rules of their first founders and possessors under pain of Excommunication and that Christ-church in Canterbury should be restored to its antient Metropolitan Jurisdiction Which all the Prelates and Abbots confirmed with their Subscriptions And this year this King consecrated the Church of Winchelcumbe endowing it with great gifts and possessions in a kind of Parliamentary Assembly of 13 Bishops and 10 Dukes where he manumitted and set free at the high Altar Edhert King of Kent surnamed Pren whom he had taken prisoner in Battel Moreover Eanbaldus Archbishop of York this year assembled a Synod at Fin●hale most likely for the assistance of Eardulfus King of Northumberland against Duke Wadus and other Conspirators who rose up against him whom he vanquished and utterly routed after a long and bloody battle at Bilingeho where many were slain on both sides which History Matthew Westminster couples with this Synod An. 798. King Kenulph in the year 799. By the consent of his Bishops and Princes at the request of Athelardus Archbishop of Canterbury restored to Christ-Church in Canterbury four parcels of Land which king Offa had formerly taken from it and gave to his Servants free from all secular service and Regal Tribute ratifying this restitution by his Charter signed with the Cross that it might remain inviolable by their concurrent assent There was a Provincial Council held at Clovesho or Clyffe In the year of our Lord 800. by Kenulf king of Mercians Athelwerdus Archbishop of Canterbury and all the Bishops Dukes Abbots cujuscunque dignitatis viros and men of all sorts of aignity where after some inquiry how the Catholique Faith was kept and Christian Religion practiced amongst them The Lands which king Offa and king Kenulph had forcibly taken away from Christ-Church with the Nunnery of Cotham and the Hides of Land called Burnam were Synodali Judicio by the Judgement of the Council restored to Christ-Church Et omnium voce Decretum est and It was decreed by the voice of all the Council upon sight of the Books and Deeds there produced before them by the Archbishop that it was just Cotham should be restored to Christ-Church being given to it by King Aethelbald by his Charter of which it had for a long time unjustly been spoiled notwithstanding the frequent complaints made by Archbishop Bregwin and Iambert in every of their Synods In hoc Concilio annuente ipso Rege Athelardus recuper avit dignitates possessiones quas Offa Rex Merciorum abstuler at Iamberto writes Gervasius After which the Archbishop in this Council made this Exchange with Cynedritha then Abbess of Cotham that she and her successors should enjoy all the Lands and Nunnery of Cotham in lieu whereof she should give to him one hundred and ten Hydes of Land in Kent lying in Fleot Tenaham and Creges together with all the writings thereto belonging which exchange was made before confirmed and attested by this Noble Synod that so no Controversie might arise between them their Heirs and Successors or King Offa 's in future times concerning the same but that they might peaceably injoy them without interruption for ever And moreover the Archbishop gave
unto Cynedrytha the Monastery called Pretanege which king Egfrid gave to him his heirs Which proves the Great Counc●ls and Synods in that age to be Parliaments and that they judicially restored Lands unjustly taken away by Kings upon complaint examination and due proof made thereof as well as inquired of errors and abuses in Religion In this Councill conceive i● was that Kenulph with his Bishops Dukes et omni sub nostra Ditione Dignatis gradu compi●ed and sent a Letter to Pope Leo the third promising obedience to his commands requesting that the ancient Canons might be observed and the Jurisdiction and Power of the See of Canterbury which King Osta and Pope Adrian had diminished and divided into two Provinces or Archbishopricks might be restored and united again thereto to avoid Scisms and craving the Popes answer to these their requests which he returned in a special Letter to the King restoring to Athelardus and his successors the Bishopricks substracted from his Province with the Metropolitan Jurisdiction over them as amply as before Hereupon in the year 802. or thereabouts there was another Parliamentary Council assembled at Clovesho wherein the Archbishoprick of Litchfield was dissolved the See of Canterbury restored to its former plenary Metropolitical Jurisdiction according to Pope Leo his Decree By the advice and Decree of the whole Council which commanded in the name of God That no Kings nor Bishops nor Princes neque ullius Tyrannicae potestat is Homines should diminish the honour of the Metropolitical See or presume to divide it in any particle whatsoever under pain of an Anathema Maranatha which Decree the Archbishop with 12 other Bishops subscribed and ratified with the sign of the Cross as they formerly did in the Council of Bechanceld An. 798. And in this Council divers controversies concerning the Lands Limits and Jurisdictions of other Bishops Bishopricks were likewise decided and setled as you may therein read at large Eadburga Daughter to King Offa married Brithric King of the West-Saxons proud of her parentage and match she grew so ambitious insolent and Tyrannical that she became odious not only to all the Prelates Nobles and Courtiers but to the people likewise For being incited with malice and tyranny she usually accused and execrated to the King all the Nobles of the Realm Ordinaries Bishops and Religious persons and so overcame him by her flatteries that those whom she began to accuse aut vitâ aut Regno privaret she would either deprive of Life or banish them the Realm and if she could not obtain this from the King against them she accustomed to destroy them privily with poison At last An. 802. She preparing poison to destroy a rich and noble Favourite of the Kings whom he extra ordinarily lov'd so as she could not banish or destroy him by her false accusations the King casually drinking of the Poison contrary to her intention as well as his Favourite they were both therewith suddenly poisoned and destroyed Wherewith this wicked woman being tetrified fled with all her invaluable Treasures beyond the Seas to Charles the Great who for her Lasciviousness in making choice of his Son for her Husband before himself though much inamoured with her transcendent beauty thrust her into a Monastery where soon after she abusing her body by uncleaness in lying with a lewd man was expelled thence forced to beg her bread and ended her days in extreme misery A just judgement of God both upon a Tyrannical Queen and unrighteous King seduced to banish and condemn his Nobles and Subjects unjustly by her solicitations For this her most hainous crime the West-Saxons ordained a Law to the Grand prejudice of all their succeeding Queens That none of them should have either Title Majesty or place of Royalty or Queen Non enim West-Saxones Reginam vel juxta Regem sedere vel Reginae appellatione insigniri patiuntur propter malitiram Eadburgae quae virum suum Brithicum veneno perdidit juxta Regem sedens omnes Regni Nobiles accusare solebat quos accusare non potuit potu eos venenifero necare consuevit Itaque pro Reginae maleficio omnes conjuraverunt quod nunquam se regnare permitterent qui in praedictis culpabilis inveniretur as William of Malmesbury Asserius Menevensis Matthew Westminster Florentius Wigorniensis and others out of them relate There was a Parliamentary Synod or Council held at Celichith in the year 816. at which not only Wulfred Archbishop of Canterbury with all his Suffragan Bishops but likewise Kenulf king of Mercians with his Princes Dukes and Nobles and sundry Abbots Priests Deacons and other sacred Orders were present wherein they enacted 11 Constitutions the 6th whereof was this in substance That the Judgements and Decrees of Bishops made in Synods should not be infringed but remain firm and irrefragable being ratified with the sign of the holy Cross by the Kings and Nobles Subscriptions unless perchance the King or Princes deemed the subscriptions of their Antecessors of no force and feared not to reform or cease from this error which shall rest and bring a Curse on them and their heirs The 7th That no Bishops Abbots or Abbesses shall alienate or part with the Lands writings and evidences of their Churches and Monasteries which they are intrusted to keep nisi rationabilis causa poposcit adjuvari contra invasionem famis Depraedationem Exercitus ad Libertatem obtinendam which causes they reputed reasonable In the year of our Lord 822. there was a Parliamentary Council assembled at Clovesho wherein Beornulph King of Mercians sate President at which Wulfred Archbishop of Canterbury with the rest of the Bishops Abbots omniumque dignitatum Optimatibus Ecclesiasticarum scilicet saecularium personarum were present debating things both concerning the benefit and regulation of the Church and defence and safety of the Realm the proper subjects of our present English Parliaments as these words import Utilitatem necessitatem Ecclesiarum Monasterialisque vitae Regulam et observantiam stabilitatem quoque Regni pertractanter In this Parliamentary Council the Proceedings in 3 precedent Councils touching the Complaints of the Archbishops of Canterbury of the Injuries done unto them in taking away the Lands of the Church by their Kings and Officers with the proceedings thereupon are at large recited which I shall here transcribe because generally unknown to most and best difcovering the proceedings of our antient Parliamentary Councils in Cases of this nature of any Council I have met with in that Age and those which next proceeded or succeeded it All the said persons in the said Council sitting down quietly together it was inquired by them quomodo quis cum Justitia sit tractatus seu quis injustè sit spoliatus In what manner any one had been handled with justice or if any one had been unjustly spoiled Whereupon amids other things there acted and spoken it was shewed
Cant●rbury who was vexed with this disease openly counselled Divina negotia deberi primitus proponi sic humana negotia Christi suffragante gratia finem prosperum posse sortiri Assentientibus universis c. That Dtvine businesses ought first of all to be proposed and so humane business through the suffrage of Christs grace might obtain a prosperous end All assenting thereunto when Lord Siward then Abbot of Croyland was inquired for because in Councils and Synods for his great eloquence and holy Religion he had been as it were a divine interpreter for many years and the most gratious Expositor and Promotor of innumerable businesses of the whole Clergy who by reason of his great old age was not present but by Frier Askillus his fellow Monk he excused his absence with a most humble Letter by the burden of his long old age King Bertulph himself remembring the former complaint of the Church of Croyland openly related before the Council the Injuries frequently done to the Lord Abbot Siward and to his Monastery of Croyland by the foolish fury of their Adversaries and commanded that Remedy should be provided and Decreed by common advice When as therefore this business was in agitation amongst them Petitio Domini Siwardi the first Petition I meet with of this Nature to and in our Parliamentary Councils and the Petition of the Lord Abbot Siward concerning the same delivered by the foresaid Frier Askillus had run from hand to hand of the Prelates and Nobles of the whole Council and one advised one thing another another Lord Ceolnoth Archbishop of Canterbury cried out with a loud voice that he was healed of his disease and perfectly recovered by the merits of the most holy Confessor of Christ most blessed Guthlac whose businesses were then handling in their hands likewise many other most potent men in the said Council cryed out as well Prelates as Nobles that they had been sick of that disease but now by Gods Grace and the merits of most holy Guthlac they felt no pain in any of their Members through the said malady And all of them presently bound their Consciences with a most strict vow to visit the most sacred Tomb of most holy Guthlac at Croyland with devout pilgrimage so soon as they could Wherefore our Lord King Bertulf commanded the Bishop of London who was then accounted the best Notary and most eloquent speaker who being moreover touched with the same disease now predicated with greatest joy that he was healed to take the Privileges of Croyland into his hands and that he should insist to honour his Physicitian S. Guthlac with his hand writing prout consilium statueret as the Council should ordain which also was done Therefore in the Subscriptions of the Kings Charter afore-mentioned the Archbishop of Canterbury Ceolnoth confesseth himself whole and sound St. Swithin Bishop of Winchester rejoyceth concerning the Lords Miracles Alstan Bishop of Sherburn and Orkenwald of Lichenfeld give thanks for the successes of the Church and Rethunus Bishop of Leicester professeth himself a Servant to St. Guthlac so long as he lived Unniversique Concilii Optimates And all the Nobles of the Council with a most ardent affection yeelded obedience to the Kings benevolent affection towards St. Guthlac In all things From all which precedent passages in these two Councils it is apparent First That the Parliamentary Councils of that Age consisted only of the King spiritual and temporal Lords and Peers without any Knights of Shires or Burgesses of which we find no mention in this or any other former or succeeding Councils in the Saxons times though sometimes Wise-men of inferior quality both of the Clergie and Laity were particularly summoned to them without any popular election by the Kings special direction for their advice 2ly That all Divine and Ecclesiastical matters touching God Religion and the Church and all affairs of the Realm of publique concernment relating to war or peace were debated consulted of setled in Parliamentary Councils 3ly That the businesses of God and the Church were therein usually first debated and setled before the affairs of the kingdom of which they ought to have precedency 4ly That all private grievances injuries and oppressions done by the King his Officers or other private persons to the Church or other men were usually complained of and redressed in Parliamentary Councils by the advice and judgement of the King and Peers and that either upon the parties Petition setting forth his grievances or a relation made thereof by the King or some other Prelate or Nobleman before the whole Council 5ly That what could not be redressed in one great Council was in the next succeeding Council revived and redressed according to the merits of the cause 6ly That no Peer nor Member of the great Council might absent himself in those times but upon just and lawfull excuse which he ought humbly to signifie to the King and Council by a special Messenger and Letter as Abbot Siward did here 7ly That all Members of the Council had free liberty of Debate and Vote in all businesses complained of or proposed to them and a negative as well as an affirmative voice 8ly That all businesses then were propounded and debated before all the Council and resolved by them all not in private Committees 9ly That our Kings in those days in Cases of necessity could not lawfully seise their subjects monies and plate against their wills to raise Soldiers to resist invading fore in Enemies but only borrow them by their free consents and held themselves bound to restore or recompence the monies lent or taken by them in such exigencies with thankfull acknowledgment 10. That our Kings in that age could not grant away their Crown lands create or inlarge Sanctuaries or exempt any Abbies from Taxes and publique payments or impose any publique Taxes on their Subjects but by Charters or grants made and ratified in and by their great Councils Anno 854. King Aethelulf gave the tenth part of his Realm to God and his Saints free from all secular services exactions and Tributes by this Charter made and confirmed by the advice and free assent of all the Bishops and Nobles throughout the Realm then assembled in a Great Council to oppose the invading plundering Danes Regnante in perpetuum domino nostro Jesu Christo in nostris temporibus bellorum incendia direptiones opum nostrarum vastantium crudelissimas hostium barbarorum paganorumque gentium multiplices tribulationes asfligentium usque ad internecionem cernimus tempota incumbere periculosa Quamobrem ego Aethelulfus Rex Occidentalium Saxonum cum Consilio Episcoporum ac Principum meorum Consilium salubre arque uniforme reme iam assirmavi ut aliquam portionem Terrae meae Deo beatae Mariae omnibus sanctis Iure perpetuo possidendam concedam Decimam scilicet partem terrae meae ut sit tuta mu●eribus et libera ab omnibus servitiis
they easily condescening to gathered a very great Army together out of all parts and joyning all together with Beorred and his forces marched to Nottingham unanimously with a a resolution to give the Danes battel who sheltering themselves under the works of the Castle and Town refused to fight with them whereupon they besieged them in the Town but being unable to break the Walls they concluded a Peace at last with the Danes upon condition that they should relinquish the Town and march back again into Northumberland which they did where their Army continued the whole year following in about York debacchans insaniens occidens perdons perplurimos viras muli●res Abbot Ingulphus records that during the siege of Nottingham King Beorred as he stiles him at the request of Earl Algar the younger who was very gracious with him and the other Kings causâ suae nobilis militiae granted a Charter of Confirmation not only of all the Lands Advowsons Possessions which this Earl with other particular persons and Kings had given to the Abby of Croyland but likewise of all their former Privileges confirming all their Ilands Marishes Churches Chapels Mannors Mansions Cottages Woods Lands Meadows therein specified to God and Saint Guthlae for ever Libera Soluta emancipata ab omni onere terreno servitio seculari in Eleemofynam aeternam perpetuo possidendam Which Charter hath this memorable exordium expressing the motives inducing this King to grant it Beorredus largiente Dei gratiâ Rex Merc●orum omnibus provinciis populis earum universam Merciam inhabitantibus fidem Catholicam conservantibus salutem sempiternam in Domino nostro Jesu Christo Quoniam peccatis nostris exigentibus manum Domini super nos extensum quotidiè cum virgâ ferreâ cernimus cervicibus nostris imminere Necessarium nobis salubre arbitror piis sanctae matris ecclesiae precibus Eleemosynarumque liberis largitionibus iratum Dominum placatum reddere et dignis devotionibus ejus gratiam in nostris necessitatibus auxiliariam implorare Ideoque et ad petitionem strenui Comitis mihi meritoque dilectissimi concessi regio Chirographo meo Theodoro Abbati Croyland Tam donum dicti Comitis Algari quam dona aliorum fidelium praeterit orum ac praesentium c. And it concludes thus Istud Regium Chirographum meum Anno Incarnationis Domini nostri Jesu Christi 868. Calendis Augusti apud Snothingham coram fratribus amicis omni populo meo in obsidione Paganorum congregatis sanctae crucis munimine confirmavi Then follow the subscriptions and confirmations of Ceolnoth Archbishop of Canterbury 5. Bishops 3. Abbots Ethelred king of West-Saxons and Alfred his Brother Edmund kingof East-Angle 2 Dukes and twelve Earls who all ratified this Charter After which Charter confirmed this king Beorred renders special thanks to all his Army for their assistance against the Danes especially to the Bishops Abbots and other inferior Ecclesiastical Persons for their voluntary assistance of him in those wars against these Enemies norwithstanding his Fathers exemption of them by his Charter from all military expeditions and secular services thus recorded by Ingulphus and most worthy observation Ego Beorredus Rex Merciorum Intimo animi affectu totisque praecordiis gratias exolvo speciales omni exercitui meo maximè tamen Viris Ecclesiasticis Episcopis Abbatibus aliis etiam inferioribus status dignitatis Qui licèt piissimae memoriae Rex quondam Ethelwulfus pater mens per sacratissimam Chartam suam ab omni expeditione militari vos liberos reddiderit ab omni servitio saeculari penitus absolutos● dignissimâ tamen miseratione super oppressiones Christianae plebis Ecclesiarumque Monasteriorum destructicnes luctuosas benignissimè compassi contra nefandissimos Paganos in exercitum domini prompti spontanei convenistis ut tanquam Martyres Christi cultus sanguine vestro augeatur barbarorum superstitiosa crudelitas effugetur From these last Passages it is apparent first That in those days our Saxon Kings made War and Peace by the advice and consent of their Nobles and Parliamentary great Councils 2ly That in cases of common invasion and danger by forein Enemies all the forces raised and ways and means to resist them were concluded on by advice and consent of these great Councils and not by the kings absolute power 3ly That all or most Church-men and their Church-lands in those days were absolutely freed and discharged from all military expeditions Contributions Aids and Assistance against Enemies by express Charters but only such as themselves voluntarily and freely contributed in cases of incumbent great Danger and Necessity without compulsion for which their kings rendred them special and hearty thanks acknowledging and confirming these their Immunities not violating them upon such Necessities as this Notable passage of Ingulphus attests together with that of Mat. West An. 867. Concerning Alstan Bishop of Sherborne a man of very great Power and Counsel in the Realm Contra Danos quoque quitunc primò insulam infestabam Regis Aethelulfi saevitiam exacuit Ipse ex fisco pecuniam accipiens ipse excercitum componens Martiis felix eventibus contra hostes bella plurima constanter peregit receiving Mony out of the Kings Exchequer not the Peoples Purses or Conrributions to manage these Wars and not warring on his own expences 4ly That the Nobles Gentry and People of the Realm were the only standing Militia in that Age to defend it against forein Enemies in times of danger or actual invasion when they marched out of their own Counties against them voluntarily and freely adventuring their lives for defence of their King Country Religion Liberties Properties as they did at this siege of Nottingham and during all the long-lasting Danish Wars Invasions and Depredations both by Land and Sea 5ly That our Christian Kings Nobles and great Councils of those days in times of greatest danger Invasion and Wars held it most seasonable and necessary to confirm and enlarge the Churches Patrimony Liberties and Privileges thereby to stir up their Clergy-men more earnestly to assist them with their Prayers not to diminish invade or infringe them under pretext of Real inevitable necessity and danger the practice of late and present times Whereupon they granted and confirmed this forecited Charter in the very Armi● during the siege of Notingham before all the Kings Princes Prelates Dukes Earls and people there present In the year 870. Inguar and Hubba with the rest of the Danes comming into Kesteven in Lineoln-shire wasting and slaying all the Country with fire and sword thereupon Earl Algarus Osgot Sheriff of Lincoln and all the Gentry and People in those parts with the Band of the Abby of Croyland ●nder the Command of 〈◊〉 a Monk formerly a Souldier consisting of 200 stout men most of them Fugitives thither for Sanctuary uniting all their forces together in Kesteven on the Feast of St. Maurice fought
The first moity was for Pious uses which he subdivided into three parts The first parcel he bestowed in Almes to 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 expeditions 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 opprimere●tur et indebitis exactionibos gravarentur That the poor people should not be oppressed by Sheriffs and other Officers nor burthened with unjust Exactions or Contributions Yea by his large Almes and Gifrs he sent to Rome he procured the English School to be fréed from all Taxes and Tributes by the Popes special Bull. And we never read he imposed the least publick Tax upon his Subjects during all his wars and Exigences by his own Regal Power upon any pretext of publick Necessity Danger Defence or Safety of the Realm against the Numerous Invading plundering Danish forces both by Sea and Land Which our late and present Aegyptian Tax-masters may do well to consider In the year of our Lord 894. this King Alfred and Guthurn the Dane gave to the Church of St. Cutbert in Durham all the Lands between Weor and Tyne for a perpetual Succession free from all Custome and secular Services with all Customes Saca and Socua and infaugtheof thereunto belonging with sundry other Privileges which they ordained to be perpetually observed Non solum Anglorum sed et Danorum consentiente et collaudante exercitu by the consent and approbation of the ARMY not only of the English but Danes also Has Leges haec Statuta which proves that it was done by a Parliamentary Counsell then held in both their Armies Quicunqu● quolibet nisu Infringere praesumpserint eos in perpetuum nisi emendaverint Gehennae Ignibus puniendos anathematizando Sententia omnium contradidit I pretermit the Welsh Synods held under the Bishops of Landaff during King Alfreds Reign as Sir Henry Spelman conjecture● in whom the Reader may peruse them where in the Bishop of Landaff and his Clergy excommunicated some of their petty Welsh Kings for Murder Perjury violating the Churches Patrimony and Injuring the Bishops family who upon their Repentance and Reconciliation gave all of them some parcels of Land to the Church of Landaff The rather because I conceive them fabulous there being no such form of Excommunication used in those daies as Sir Henry Spelman proves nor any such Episcopal Synods held in England under King Alfred himself The barbarous Danes having throughout all England with fire and sword utterly wasted and destroyed all Cities Towns Castles Monasteries Churches put most of the Bishops Abbots Clergy to the Sword and almost quite deleted the knowledge of Learning and Religion out of the whole Nation insomuch that there were very few spiritual persons on this side Humber who could either understand the Common prayers in the English tongue or translate anywriting out of latine into English yea so few that there was not so much as one man on the South-side of the Thames that could do it till King Alfred after his Conquest of the Danes in the latter part of his Reign restored Learning and Religion again by Degrees as this King himself records in expresse terms in his Epistle to Bishop Wulsug by way of Preface to his own Translation of Gregories Pastorals into the English Saxons Language King Alfred deceasing his Son Edward surnamed the Elder succeeding his Father in the year of Christ 901 thereupon Prince Aethelwald his Uncles Son aspiring to the Crown without the consent of the King and Nobles of the Realm seised upon Oxlie and Winburne whereupon King Edward marching with his Armie against him to Bath he fled from Winburne to the Danes in Northumberland for assistance who being glad thereof they all make him King and Prince over all their Kings and Captains Whereupon they invading Essex and Mercia King Ed. raised a great Army chased them into Northumberland and harrowed the whole Country to the Lakes of Northumberland where the Kentishmen remaining contrary to the Kings Command and Messengers sent to them after the retreat of the rest of the Army The Danish Army upon this advantage setting upon them they gallantly defending themselves slew their new King Aethelwald with King Eorit and sundry of their chief Commanders and many of their Souldiers though they lost the field This King and Edelfled his Sister Queen of Mercians to prevent the frequent eruptions plunders the Danes repaired many old ruinated Towns and built many new ones in convenient places which they replenished with Souldiers to protect the Inhabitants and repell the Enemies whereby the Common people we●e so incouraged and became such good Souldiers that if they heard of the Enemies approach they would fight and rout them Rege etiam Ducibus inconsultis in certamen ruerent eisque semper numero scientia praeliandi praestarent ita hostes contemptui milit●bus Regi risui erant as Malmesbury writes The Country people themselves fighting with the Danes at Ligetune put them to flight recovered all the prey they had taken and likewise the Danes Horses as they likewise did in some other parts Amongst other places this King repaired the walls of Colchester put warlike men in it certum eis stipendium assignavit and assigned them a certain stipend as Mat Westm records neither he nor other our Historians making mention of assigned wages to any other Garrisons or Souldiers in that age At last the Danes in most places throughout England perceiving King Edwards power and wisdom submitted themselves unto him elected him for their King and Patron and swore homage and fealty to him as likewise did the Kings of Scotland Northumberland and Wales In the year of Grace 905. This King Edward assembled a Synod of the Senators of the English Nation as Malmesbury or a great Council of Bishops Abbots and faithfull people
down flat to the Earth very much affrighted Some write that both sides by Dunstans policy appealed to the resolution of the Crucifix in this case in which Dunstan had placed a man with a Trunk in the wall behind the Image who uttered this voice in and by the mouth of the Rood which is most probable Soon after he King and Dunstan heard this second voice from the Crucifix Arise be not afraid because this day Righteousnesse and Peace have kissed each other in the Monks In memory of this chearing Oracle and Monkish fable of which Huntindon Hoveden Wigorniensis Ranul●us Cistrensis Fabian and other old Monastical ●istorians make no mention and Malmsbury slightly relates it as An hear-say the Monks of Winchester ingraved these Verses over the head of this Crucifix in their Refectory Humano more Crux praesens edidit ore Coelitus effata quae prospicis hic subarata writing the words forcited under this Distick as then uttered by the Crucifix which asserted before all That Dunstans way was true Where with the Clerks and their Abettors were quite confounded and put to silence Sed adhuc non sedatis animis c. But the Nobles and Clerks minds being not as yet quieted by this Oracle a clear evidence they suspected it as counterfeit our Historians inform us there were three more great Councils soon after held to settle this Controversie between the married Priests and Monks The first at Kerling Kerding or Cerding or Kirking as it is variously stiled Anno 977. which Wigorn. and Hoveden stile Magna Synodus without recording what was done therein Sir Henry Spelman out of an old Saxon Note calls it A great Council affirmes it was held after Easter and that Sideman Bishop of Devonshire died in it That King Edward and the Archbishop therein ordained That every man should goe in pilgrimage to the Church of St. Mary at Abendune out of Devotion And Matthew Parker Archbishop of Canterbury in the life of Dunstan superaddes Dunstanus ibi cum Monachorum labenti conditioni succurrere voluit nihil profecit Itaque hoc dissoluto Concilio aliud in Regia Villa Wilteria quae Calne vulgo appellatur coegir This Great Council held at Calne some stile it Cleve was purposely called the same year 977. to end the long continued Controversie between the Monks and married Priests which the feigned Oracle of the Crucifix at Winchester and the Council of Kerding could not determine All the Senators and Nobles of England sitting together at this Council in an Upper room the King being absent by reason of his tender age or sickness the business being debated with great conflict and controvetsie and the strongest wall of the Monkish Church Archbishop Dunstan being assaulted with the Darts of many revilings remained unshaken The Disputants of both parties and orders defending their sides with greatest industry in the midst of the dispute the whole Floor with the Rafters and Beams of the Room wherein they disputed suddenly brake in peeces and fell to the ground with all the people in it except Dunstan who escaped without any harm standing firm on a beam that remained of which he took hold-fast the rest being either slain outright or very much hurt and bruised with the fall so as they languished ever after hardly escaping present death This miracle as our Monkish Authors stile it gave peace to Archbishop Dunstan from the assaults of the English Clerks and others who thereupon from thenceforth submitted to his sentence and judgement if William of Malmesbury and Mat. Westminster may be credited Whereas Florentius Wigorniensis John Bromton and others out of them assure us that there was not long after another Parliamentary Synod or Assembly held at Ambresbery upon the same occasion without recording the Proceedings or Event thereof Some conjecture that this fall was only a fiction of the Monkish VVriters to adde reputation to their languishing cause as well as that of the Crucifix Speech forecited Others conceive it was wrought by Duustans sorcery or Policy Others that it was casual by reason of the weight of the People But Henry Huntindon Hist l. 2. p. 357. Bromton col 876. and Sir Henry Spelman out of them p. 496. record That this fall of the Nobles at Calne was not a Divine Judgement on them for their Opposition against and injury to the Monks as some interpreted it but signum videlicet Dei excelsi fuit quod Proditione et Interfeatone Regis sui ab amore Dei Casuri essent et diverus gentibus digna contritione conterendi as they were soon after broke in pieces by the invading conquering Danes and Normans And whether the late violent falls and ruptures of our Parliaments and Nobles portend not the like fate to England by some other forein Invasions for the like Treachery Apostacy Regicide or far worse let those who are guiltiest of it and others determine at their leisures King Edward imitating the footsteps of his Fathers Religion and Piety was so circumvented by the flattering speeches of his Mother-in-law Queen Elfrida that although she opposed his Title Election Coronation all she could to advance her own Son to the Crown yet retaining only the name of a king to himself he soon after permitted her and his Brother Ethelred his Competitor to order all affairs of the Realm as they pleased VVhereupon as the Chronicle of Bromton relates she began to plot how to dethrone this Man of God King Edward and advance her own Son Ethelred to the Throne Which when she had a long time meditated upon she opened the Secrets of her heart to some of her chief Counsellours advising with them concerning it and earnestly intreating yea conjuring them to assent to her therein and to find out some means to effect it Cui protenus in necem illius omnes conseuserunt who all forthwith consented to his Murder and contrived how they might most speedily accomplish it by some fraudulent device which they soon after executed in this manner King Edward hunting for his disport in the Forest near VVarham hearing that his Brother Ethelred whom he intirely loved was near that place residing then with his Morher at Corph-Castle some stile it Cornesgare rode thither to visit him with very few attendants who either casually or of set purpose lingring behind him sporting in the way he came alone to the Castle gate Queen Elfrida who had a long time waited for such an opportunity being informed thereof went presently to weet him with her bloody Assassinate s and welcoming him with flattering Speeches and a pleasant countenance importuned him to lodge there that night which offer he with thanks refused saying he desired only to see and speak with his btother but would not alight from his horse Whereupon she commanded a Cup of Wine to be speedily brought him to drink appointing one of her boldest Souldiers to kill him whiles he was drinking VVho kissing the king like another Judas
as well of the Temporalty as of the Spiritualty before he be crowned of the Archbishops and Bishops Three Servants the King ought to have under his feet as Vassals Fleshly Lust Avarice and Greedy desire whom if he keep under as his Seruants and Slaves he shall reign well and honourably in his Kingdom All things are to be done with good advisement and premeditation and that properly belongeth to a King For hasty rashness bringeth all things to ruine according to the saying of the Gospel Every kingdom divided in it self shall be desolate c. A clear evidence that our Saxon Kings had no arbitrary nor tyrannical power to condemn banish imprison oppresse or Tax their Subjects in any kinde against their Laws Liberties Properties And thus much touching King Edwards Laws Qui ob vitae integritatem Regnandi Iustitiam clementiam Legumque sive à se latarum sive ex veteribus sumptarum Equitatem inter Sanctos relatus est as Matthew Parker records of him In the year of Christ 1053. as many or 1054. as others compute it that old perjured Traytor Earl Godwin came to a most soddein shamefull exemplary death by divine justice which the marginal Historians thus relate and Abbot Ailred thus prefaceth Inserendum arbitror quomodo Godwinum proditionum suarum donatum stipendiis divini judicii ultrix ira consumpserit detestandique facinoris quod in Regem fratremque ejus cō miserat populo spectante ipsam quam meruerat poenam exolverat This Godwin being the Kings Father-in-law abusing his simplicity multa in regno contra jus et fas pro potestate faciebat did many things in the Realm against Law and right by his power and often attempted to incline the Kings minde to his Injustice At last his subtilty proceeded so farr that by fraud deceit and circumvention he banished out of the land almost all the Kings kinred and friends whom he had either brought with him or called out of Normandy as well Bishops as Clerks and Laymen of other dignities believing that all things would succeed according to his desires if the King deprived of all his friends should make use only of his Counsels But Edward dissembling all things in regard of time place and out of religion addicted himself wholly to divine duties sometimes predicting That divine Justice would at some time or other revenge so great malice of the Earl and telling Godwin himself so much Whereupon on a certain day when the King was celebrating the Feast of Easter at Winchester as most or at Windsor as some or Hodiam as others relate which feast was famous among the people the King sitting at his royal Table at dinner the Kings Cup-bearer Harold Godwins own Son as some record bringing the Kings cup filled with Wine towards the Table striking one of his feet very hard against a stumbling block on the pavement fell almost to the ground but his other foot going straight on recovered him again and set him upright so that he had no harm nor shed any of the wine Upon which many discoursing touching this event and rejoycing that one foot helped the other Earl Godwin who customarily sate next to the King at Table being his Father-in-law laughing thereat said by way of merriment Here a brother helped a brother as some or So is a Brother helping to a Brother and one assisting another in necessity as others report his words To whom the King upon this occasion ironically answering said Thus my Brother Alfred might have assisted me had it not been for Godwins Treachery who would not permit him Which Speech of the Kings Godwin taking over-grievously was sore afraid and with a very pale and sad countenance replied I know O King I know it hath been often reported to thee that I have sought to betray thee and that thou O King dost as yet accuse and suspect me concerning the death of thy Brother Alfred neither yet doest thou think that those are to be discredited who call me either his or thy Traytor or betrayer But let thy God who is true and just and knoweth all secrets judge between us and let him never suffer this piece of bread I now hold in my hand to pass down my throat without ch●aking me if I be guilty of any Treason at all against thee or had ever so much as a thought to betray thee Or if I be guilty of thy Brothers death or if ever thy brother by me or my counsel was nearer to death or remoter from life And so may I safely swallow down this morsel of bread in my hand as I am guiltlesse of these facts When he had thus spoken the King blessed the piece of bread whereupon Godwin putting it into his mouth swallowed it down to the midst of his throat where it stuck so fast that he could neither get it down nor cast it up by any means till through the cooperation of divine vengeance he was so choaked with it that his breath was quite stopped his eyes turned upside down his arms grew stiff being conscious to himself of what he thus abjured and so he fell down dead under the Table Deus autem justus et verax audivit vocem Proditoris et mox eodem pane strangulatus mortem praegustavit aeternam writes Radulphus de Diceto The King seeing him pale and dead and that divine judgement and vengeance had thus passed upon him said to those who stood by Dragg out of this dog this Traytor and bury him in the high way for he is unworthy of Christian burial Whereupon his Sonnes there present beholding this Spectacle drew him from under the Table into a Bedchamber ubi debitum proditoris fortitus est finem and immediately after they buried him privily in the old Monastery at Winchester without hononr or solemnity Abbot Ingulphus thus briefly relates the story of this his death Anno Domini 1053. cum Godwinus Comes in mensa Regis de nece sui fratris impeteretur ille post multa Sacramenta tandem per buccellam deglutiendam abjurabit buccella gustata continuo suffocatus interiit As this judgement of God upon Earl Godwin for murdering Prince Alfred right heir to the Crown and the Normans who accompanied him 17 years after the fact was most exemplary so Gods justice upon his posterity is remarkable which to omit their forementioned exiles troubles are thus epitomized by Will. Malmsb. Godwin in his younger years had the Sister of Cnute for his wife on whom he begat a Son who having passed the first years of his childhood whiles he was riding on a horse given to him by his Grandfather in a proud childish bravado giving him the spurr and rains the horse carried him into the swift stream of the River of Thames where he was drowned His Mother also was slain with the stroke of a thunderbolt receiving the punishment of her cruelty who was reported to buy whole droves of slaves especially