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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
omnium quae habebit and if any fought or drew any weapon in the Kings house and was apprehended sit in arbitrio Regis sit vita sit mors sicut ei condonate 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 disturbances by fighting which I shall recite Lex 41. Si quis coram Alderma●no Regis pugnet In publico emendet Weram Witam sicut rectum sit supra hoc CXX s. ad Witam Lex 42. Si quis Folemot id est populi placitum Armorum exercitione turbabit emendet Aldermanno CXX s. Witae id est foris factu●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 Peers and Great men of the Realm assembled in the highest greatest Parliamentary Councils and over-awe imprison 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 Coasts of England wasiing the Country and depopulating all sacred places wheresoever he came quicquid in auro et argento rapere potest Militibus erogavit and seising upon loca quaeque munita forced King Alfred being so distressed that he knew not what to do nor whither to turn himself to retire and save himself in the Isle Aethelingie for a season till recollecting his scattered Subjects and Forces together he vanquished Githro and his Army in a set battel at Ethendune and then besieging him and his remaining forces 15 dayes in a Castle to which they fled compelled them by Famine and the Sword to make peace with him upon this Condition ut Regni et Regis infestationem perpetuo abjurarent That they should perpetually abjure the infesting of the King and Realm and that they should turn Christians which they accordingly performed Githro with 30 of the choicest men in his Army being baptized at Alve 15 days after king Alfred being their Godfather and giving him the name of Aethelstane After which Alfred feasting him and 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 Upon this accord or some time after 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 and Spelman where those who please may peruse 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 Hoc est consili●m quod Alredus Rex et Godrinus Rex eligerunt et condixerunt quando Angli et Dani ad pacem et concordiam plenè convenerunt et Sapientes et qui posteà successerunt saepiùs Hoc est assid●è renovantes in bonum semper adduxerunt Cap. 1. Inprimis est ut unum Deum diligere velint et omni Paganismo sedulo renunciare et instituerunt secularem Iustitiam pro eo quod sciebant quod non poterant multos alitèr castigare plures verò Nolebant ad Dei cultum sicut deberent ali●è Inclinari et secularem emendationem instituerunt communem Christo et Regi ubicunque Recusabitur Lex Dei justè servari secundum dictionem Epis●opi Et hoc est primum edictum Ecclesiae Pax intra parietes suos ut Regis Handgrith 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 offence 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 with the Danish Invaders all his daies as our Historians 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 er at 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 fiuisse Labores I am post transactos Regni vitaeque Labores Christus ei fit 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 known Laws in the midst of all his 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 Lan●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 prepared adorned endowed many old deoayed Churches and Monasteries but likewise in the year 888 he built two new Monasteries of his own at Ethelingei and Shaff●esbury 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 Danes Anno 1007. cum Consilio Primatum suorum as Florentius Wigorniensis Simeon Dunelmensis Polychronicon and others express it by the Counsel of his Nobles sent Messengers to the Danes commanding them to tell them quod sumptus et Tributum illis dare vellent that they would give them Costs and Tribute upon this Condition That they should desist from napines and hold a firm peace with them to which request they consented and from that time Costs were given them and a Tribute paid them of thirty six thousand pounds out of all England Henry Humindon Bromton thus relate the business Rex et Senatus Anglorum dub●i quid agerent quid omitterent communi deliberatione gravem conventionē cum exercitu fecerunt ad pacis observationē 36000 mil. librar ei dederunt A clear evidence that this Agreement and Peace was made and money granted and raised in England by common advice consent in Parliament or Council Infr●●duit Anglia tota velut arundinem Zephiro vibrante collisum Unde Rex Ethelredus confusione magna consternatus pecunia pacem ad tempus quam armis non potuit adquisivit writes Matthew Westminster Rex Anglorum Ethelredus pro bono pacis Tributum 36 mil. librarum persolvit Dacis as Radulphus de Diceto words it After which the King this year made Edric aforementioned Duke of Mercia and that by the Providence of God to the destruction of the English a man of base parentage but extraordinary crafty eloquent witty and unconstant surpassing all of that age in envy perfidiousness pride cruelty and Treason who soon after maried the Kings daughter Edith whereby he had the better opportunity to betray the King and kingdom with less suspition King Ethelred though often vexed with the wars and invasions of these forein Enemies yet he had a care to make good Laws for the benefit peace and safety of his people whereupon having thus made Peace with the Danes An. 1007. he summoned and held a Great Parliamentary Council at Aenham on the Feast of Easter at the exhortation of Aelfeag Archbishop of Canterbury and Wulstan Archbishop of Yorke who together with the rest of the Bishops and all the Nobles of England were present at it Regis Aethelredi Edicto concrepante acciti sunt convenire Where they all ●●●embling together de catholicae cultu Religionis reparando deque etiam rei statu publicae reparando vel consulendo plura et non pauca utpote divinitus inspirat● ratiocinando sermocinabantur In this Council they debated resolved on divers things and enacted many wholesom Laws and Edicts for the reformation and setling of Religion and Churchmen the advancement of Gods worship the Government of the Church and State the advancement of civil Justice and honesty and defence of the Realm by Land and Sea beginning with the things of God and the Church in the first place which you may read at large in Sir Henry Spelman Some Laws where of I shall here transcribe being very pertinent to my subject Cap. 5. Sapientes decernunt Ut Leges quique coram Deo et hominibus aequas statuant et tueantur iniquas autem omnino deleant justitiam pauperi atque diviti pari exhibentes lance et pacem insuper et concordiam piè in hoc seculo coram Deo et hominibus retinentes Cap. 6. Sapientes etiam decernunt Ut nemo Christianum et insontem pretio tradat extra patriam praesertim in Pagani alicujus servitium Cap. 7. Sapientes etiam decernunt Ut pro delicto modico nemo Christianum morti adjudicet sed in misericordia potius Leges administret ad utilitatem populi et non pro modico eum perdat qui est opus manuum Dei et mercimonium ejus magno comparatum pretio De quolibet autem Crimine acuratius decernito sententiam praebens juxta factum mercedem juxta meritum ita scilicet ut secundum divinam clementiam levis sit poena et secund um humanam fragilitatem tolerabilis Cap. 9. Nemo dehinc in posterum Ecclesiae servitium imponat nec clientelam Ecclesiae injuriis afficiat nec Ministrum Ecclesiae 〈…〉 Episcopo Cap. 21. Verba et opera rectè quisque dispona● et Jusjurandum pactamque fidem cautè toneas Omnem etiam Injustitiam è patriae finibus quâ poterit industriâ quisque ejiciat et perjuria formidanda Cap. 22. Urbium Oppidorum Arcium atque Pontium instauratio sedulo fiat prout opus fuerit restaurentur renoventur vallis et fossis muniantur et circumvallentur Militaris etiam et Navalis Profectio uti imperatum est ob universalem utique necessitatem Cap. 23. De Navali Expeditione sub Paschate Cavendum etiam est ut celerius post Paschatis festum Navalis expeditio Annuo sit parata Si quis Navem in Reipublicae expeditionem designatum vitiaverit damnum integrè restituito et pacem Regis violatam compensato Si verò eam ita prorsus corruperit ut deinceps nihili habeatur plenam luito injuriam et laesam praeterea Majestatem So one translation out of the Saxon Copy reads it but another thus Naves per singulos annos ob patriae defensionem et munitionem praeparentur po●ique sacrosanctum Pascha cum cunctis ut ensilibus competentibus simul congregentur Qua etiam poena digni sunt qui Navium detrimentum in aliquibus perficiunt notum cunctis esse cupimus Quicunque aliquam ex Navibus per quampiam inertiam vel per incuriam vel negligentiam corruperit et tamen recuperabilis sit Is navis corruptelam vel fracturam ejusdem per solidam prius recuperet Regique deinde ea quae pro ejusdem munitionis fractura sibimet pertinet ritè persolvat Cap. 24. De Militiam dotractante Si quis de Profectione militari cui Rex intererit sine licentia se substraxerit in detrimentum currat omnium fortunarum These three last Lawes most clearly demonstrate that the Militia and Military affairs of this age with all their Provisions of Arms Ships for defence of the Realm by Land and Sea against the invading Danes and other Enemies with their Military Laws and all other apurtenances thereto belonging were ordered and setled in their General Councils by common consent Cap. 26. Si quis vitae Regis insidiabitur sui ipsius vitae dispendio et quas habet rebus omnibus poenas luito Sin negaverit et purgatione qua licuerit expetierit solemniori eam faciat juramento vel Ordalio triplici juxta legem Anglorum et in Danorum lege prout ipsa statuit Cap. 27. Si quis Christi legibus sive Regis se nefariè opposuerit capitis plectitor aestimatione vel mulctâ aliâ pro delicti qualitate Et si is contrarius rebellare armis nititur et sic occiditur inultus jac eat Cap. 29. Scrutari oportet diligentius unumquemque modis omnibus