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A91268 A seasonable, vindication, of the good old fuudamental [sic] rights, and governments of all English freemen By William Prynne Esq; a bencher of Lincolnes Inne. Prynne, William, 1600-1669. 1659 (1659) Wing P4070A; ESTC R232121 273,664 397

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Feasts appointed under pain of the penalties inflicted by the Laws which he would strictly exact without pardon Neither was he worse than his word writes Malmsbury for he commanded all the Laws made by antient Kings and especially by his predecessor King Ethelred to be for ever observed under pain of a regal mulct To the custody of all which ancient Laws Even now writes he our Kings are sworn under the name of King Edwards Lawes non quod illa statuerit sed observaverit And Matthew Westminster records further Vicecomitibus Regni Angliae et Praepositis districtè mandav● ut nulli hominum vim inferant nec propter pecuniam fisco reponendam in aliqu o a Iustitia deviant dum non habeat necessitatem de peccato pecuniam adaugere If this Forein Danish Conqueror and Usnrper of the Crown of England qnod Bellico Iure obtinebat et armorum violentia as William Thorne records was at last so just and equal to the English as to reform all his former extravagant acts of Injustice Exactions Oppressions to release all unjust Taxes Exactions Oppressions and not to exact or raise any monies unjustly on the people upon any real or pretended necessity without their common consent in Parliament by any of his Officers should not out own English Conquerors domineering Grandees now much more imitate this his laudable Example who pretend not only to equal but exceed him in Saintship Justice Devotion no longer to oppress the griev'd people with their arbitrary Tyrannical Taxes Excises Imposts extravaganr violent poceedings in new wayes of highest Injustice as hitherto they have done against all their Oaths Covenants Declarations promises and Engagements to the Nation King Cnute returning from Rome into England Anno 1032. treated the English very justly and civilly confessed redressed his own former and his ancestors extortions oppressions rapines endowed many Monasteries with lands and priviledges and ratified them with his Charters Hereupon Brithmerus Abbot of Croyland Cum Cnutonem Regem super Angliam stabilitum cerneret universos Anglios civiliter satis amicabiliter tractare insuper sanctam Ecclesiam speciali devotione deligere ac filiali subjectione honorare monaste riis multisque sanctorum locis benè facere quaedam verò Monasteria ad summam gloriam promovere there upon resolved to go to the King procure his Charter of confirmation of the Abbey Lands liberties of Croyland quorundam adversariorum qui tempore guerrae multum creverant vim formidans Which Charter he readily obtained in these memorable words wherein he acknowledgeth his rapines and bloodshed to posterity Cnutus Rex totius Angliae Danmarchiae Norwagiae magnae partis Swavorum omnibus Provinciis nationibus populis meae potestati Subjectis tam minoribus quam majoribus salutem Cum terram Angliae progenitores mei parentes DURIS EXTORTIONIBUS DIRIS DEPRAEDATIONIBUS SAEPIUS OPPRESSERUNT Et fateor INNOCENTEM SANGUINEM FREQUENTER IN EA EFFVDERVNT studium meum a principio regni mei fuit semper erit in futurum tam penes caelum quam penes seculum PROPTER HAEC MEA PECCATA ET PARENTVM MEORVMSATISFACERE statum totius sanctae matris Ecclesiae uniuscujusque Monasterii sub Imperio meo constituti cum in aliquo meo patrocinio indiguerint devotione debita emendare omnesque sanctos Dei per haec alia bona opera mihi in meis necessitatibus reddere benignos ac deprecationibus meis favorabiles placatos Ideo in arras hujus meae satisfactionis offero sancto Gu●hlaco de Croyland caeteris sanctis ejusdem loci de substantia mea unum calicem confirmans Brithmero Abbati Monachis suis totum Monasterium suum Croylandiae cum insula circumjacente duobus Mariscis adjacentibus scilicet Arderlound Goggislound eisdem terminis limitibus quibus in Chirographo inclyti quondam Regis Edredi restauratoris sui dicta insula dictique duo Marisci satis apertè describuntur Confirmo etiam omnes Ecclesias Capellas terras tenementa libertates privilegia in ejusdem Regis Chirographo contenta cum quibus omnibus dictus Rex Edredus dictum Monasterium Croylandiae ad honorem Dei S. Guthlaci confessoris sui corporaliter in ea requie scentis dotavit donavit ditavit suo Chirographo confirmavit Nullusque hominum meorum audeat à modo dictos Monachos inquietare vel in aliquo conturbare proprae dictis Quod si quis facere praesumserit vel tentaverit usurpare vel gladii mei sentiet aciem vel gladii paenam sacrilegis debitam subibitabsque omni remissione redemptione puniendus juxta modum et mensuram injuriae dictis Monachis irrogatae Ego Cnutus Rex anno Dominicae incarnationis 1032. Londoniis istud meum Chirographum signo sanctae crucis confirmavi ✚ Then follow the subscriptions of both the Archbishops sundry Bishops Abbots Earls and others The same year 1012. King Cnute granted and con firmed to the Abbot of Glastonbury the Conusance of all ecclesiastical and secular causes within the Island of Glastonbury by a special Charter Cum Consilio Deereto Archipraesulis nostri Ed●ln●th● ●mulque cunct●…m Dei Sacerdotum Consensu Optimatum meorum as the words of the Charter atten to the end it might be valid in Law And the self same year King Cnute commanded Elstan Abbot of S● Augustines in Canterbury to repair to him at the Feast of Pentecost concerning the translation of the Corps of St. Mildretha to that Monastery ut translationem faciendam ipse Rex per concessionem Procerum per literas suas firmius confirmaret as William Thorn in his Chronicle relates King Cnute in the year 1033. on the Feast of Christs Nativity held a Parliamentary Conncil at Winchester where Venerando Sapientum ejus Eonsilio by the venerable Counsel of his Wisemen he made and published sundry excellent Ecclesiastical and Civil Laws for the good government of the Church and Realm to the praise of God the honour of his Regality and common good of the People being 103 in the Saxon and 110 in the Latine Copies His 61 Ecclesiastical Law thus resolves against the Anti-Magistratical opinion of this licentious age Christiano Regi jure pertinet ut injurias Deo factas vindicet secundum quod acciderit His Civil Laws begin thus Haec est institutio Legum secularium quam communi Sapientum meorum Consilio per totam Angliam t●n ri pro●…io Imp imis volo ut Iustae Leges erigantur et injustae sub vertantur et omnis Injustitia modis omnibus sarculetu● a modo omnis homo dignus publica rectitudine reputetur pauper dives quicunque sit eis justa judicia judicentur I shall transcribe only some few of his Laws pertinent to my Theam Lex 25. Prohibemus ne Christianus aliquis penitus pro parva re saltem
That this King and Council in those times of Invasion and necessity were so far from 〈…〉 away the Lands and Tithes of the Church for 〈…〉 of the Realm or from imposing new unusual 〈…〉 and Contributions on the Clergy for tha● end tha● they granted them more Lands and Tithes than formerly and exempted them from all former ordinary Taxes and Contributions that they might more cheerfully and frequently pour forth prayers to God for them as the best means of defence and security against these forein in●ading enemies Mr. Selden recites another Charter of this King of the same year different from it in month and place out of the Chartularies of Abbington Abbey to the same effect made by Parliamentary consent of that time per consilium s●●ubre cum Episcopis Com●●bus ac cunctis Optimatibus mois which Charter is subscribed by this King and his two Sons with some Bishops and Abbots ratified with their signs of the Cross and this annexed curse Si quis vero minuere vel mutare nostram donationem praesumpserit noscat se ante tribunal Christi redditurum rationem nisi prius satisfactione omendaverit usual in such Charters After which this King going to Rome carried Alfred his youngest Son thither with him whom he most loved to be educated by Pope Leo where continuing a year he caused him to be crowned King by the Pope and returning into his Country married Judith the King of France his Daughter bringing Alfred and her with him into England In the Kings absence in forein parts Alstan Bishop of Sherburne Eandulfe Earl of Somerset and certain other Nobles making a Conspiracie with Ethelbald the Kings eldest Son concluded he should never be received into the Kingdom upon his return from Rome for two Causes One for that he had caused his youngest son Alfred to be crowned King as Rome excluding thereby as it were his eldest Son and others from the Right of the Kingdom Another for that contemning all the women of England he had married th● Daughter of the King of France an alien et contra morem et Statuta Regum West-Saxonum ●nd against the use and Statutes of the Kings of the West-Saxons called Judith the King of France his Daughter whom he lately ●spoused Queen and caused her to sit by his side at the Table as he easted For the West-Saxons permitted not the Kings Wife to sit by the King at the Table nor yet to be called Queen but the Kings Wife Which Infamy arose ●●om Eadburga Daughter of King Offa Queen of the same Nat●on who destroyed her Husband King Brithr●…c with poison and sitting by the King was wont to accuse all the Nobles of the Realm to him who thereupon deprived them of life or banished them the Realm whom she c●uld not accuse she used to kill w●th poison Therefore for this mis-doing of the Queen they all conjured and swore that they would never permit a King to reign over them who should be guilty in the premises W●…e eupon King Aethelulfe returning peaceably ●rom Rome his Son Aethelbald with his Complices attempted to bring their conceived wickedness to effect in excluding him from his own Realm and Crown But Almighty God would not permit it for lest peradventure a more than civil war should arise between the Father and the Son the Conspiracie of all the Bishops and Nobles ceased though the King Clemency who divided the Kingdom of the West-Saxons formerly undivided with his Son so that the East pa●t of the Realm should go to his Son Ethelbald and the West-part remain to the Father And when tota Regni Nobiliras all the Nobility of the Realm and the whole Nation of the West-Saxers would have fought for the King thrust his Son Etheibald from the right of the Kingdom and 〈…〉 him and ●is Complices out of the Realm qui tantum facinus perpetrare ausi sunt Regem à regno ●…epe●●erent which Wigorniensis Anno 855. ●il Facinus et inauditum omnibus saeculis ante infortunium if the Father would have permitted them to do it He out of the nobleness of his mind satisfied his Sons desire so that where the Father ought to have reigned by the just judgement of God there the obstinate and wicked Son reigned This King Aethelulfe before the death of Egbert his father was ordained Bishop of Winchester but his Father dying he was made King by the Prelates Nobles and People much against his will cum non esset alius de Regio genere qui regnare debuisset because there was none other of the Royal Race who ought to reign Haeredibus aliis deficientibus postmodum necessitate compulsus gubernacula Regm in se suscepit as Bromton and others expresse it At his death Anno 857. he did by his will lest his Sons should fall out between themselves after his decease give the kingdom of Kent with Sussex and Essex to Ethelbert his second son and left the kingdom of the West-Saxons to his eldest son Aethelbald then he devised certain sums of Money to his Daughter Kindred Nobles and a constant annuity for ever for meat drink and cloths to one poor man or pilgrim out of every 10 Hides of his Land 300 marks of mony to be sent yearly to Rome to be spent there in Oyl for Lamps Almes which sums I never find paid by his Successors as he prescribed by his Will and Charter too because not confirmed by his great Parliamentary Councils of Prelates and Nobles as his forcited Charter and Peter-pence likewise granted by him were upon this occasion âs some record that he being in Rome and seeing there out lawed men doing penance in bonds of Iron purchased of the Pope that Englishmen after that time should never on● of their Country do penance in Bonds About the year of our Lord 867. Osbrith King of Northumberland as Bromton records residing at York as he returned from hunting went into the house of one of his Nobles called Bruern Bocard to eat who was then gone to the Sea-coasts to defend it the Ports against Theeves and Pirates as he was accustomed His Lady being extraordinarily beautifull entertained him very honorably at dinner The K. enamored with her beauty after dinner taking her by the hand leads her into her Chamber saying he would speak with her in private and there violently ravished her against her will which done he presently returned to York but the Lady abode at her house weeping and lamenting the deeds of the King whereby she lost her former colour and beauty Her Husband returning and finding her in this sad condition inquired the cause thereof where with she fully acquainting him he thereupon cheered her up with comsortable words saying that he would not love her the lesse for it since her weakness was unable to resist the Kings power and vowed by Gods assistance speedily to avenge himself her of the King for this indignity
destroying the Nobles and Wisemen of the Realm who disgusted his lascivious Courses and in favouring ignorant unjust vicious persons and following their most wicked Counsels 2. In banishing Abbot Dunstan and seising upon all his Goods only for Justice sake because he reprehended him for his exorbitant vicious Courses being then the chief swaying Grandee and head of the Monkish faction 3. In forcibly thrusting out by Armed Souldiers all the Regular Monks throughout England and casting them forth of the Monasteries there being then no Regular Monks in any Monaste but only in Glastonbury and Malmesbury as the Chronicles of Winchester and others record then seizing upon all their wealth and bestowing their Lands and Monasteries on secular and maried Priests and afflicting these Monks in sundry other kinds But Henry Arch-Deacon of Huntington an antient judicious impartial old Historian slourishing in the year 1148 mentions none of these particulars in his life but gives this honorable Testimony of his Government that it was both prosperous slourishing and laudable Rex Edwi non illaudabiliter Regni infulam tenuit Anno Regni sui Quiuto cum in principio Regnum ejus decentissmè sloreret prospera et laetabunda exordia mors immatur a perrupit And therefore Archbibishop Parker Bishop Godwin Speed and others conceive that the true cause why the Mercians and Northumbrians those only not the rest of his subjects and king om rejected him and set up his Brother Edgar whose lasciviousness was more excessive and vices more extorbitant in some degrees than Edwins which yet our former Monkish Historians blanch or excuse was the Malice of Dunstan and Odo the Pillars and Oracles of the Monkish Clergy who stirred up the Merciaus and seditious rebellious Northumbrians against him to set up Edgar in his stead who was totally devoted to them and Dunstan by whose Coun●els he was afterwards wholy guided and built no less than 47 new Monasteries for the Monks besides all those he repaired incending to build three more had he lived to make them 50 compleat and likewise cast out the secular and maried Priests out of all Monasteries and Churches unless they would become Monks re●lenishing all Monasteries Churches with Monks alone They likewise inform us that the true causes of kings Edwins banishing Dunstan ejecting the Monks and seising their Lands and Treasures was That Dunstan had so bewitched Edmund Edward Athelstan and Aedred his Predecessors with the love of Monkery as that they not only took violently from maried Priests their livings to erect monasteries but also lavishly wasted much of their own Royal Treasures Lands and Revenues upon them which they should have rather employed in resisting the common Enemies of God and their Country the Danes whereupon Edwin perceiving that all the wealth of the Land was crept into Monasteries not only refrained to beslow more on them but recalled divers of those prodigal Gifts his Predecessors had granted them which the Monks refusing to render upon demand he seized upon them by armed Officers as having indeed cheated his Predecessors and defrauded the Kingdom of them They adde hereunto that King Edrid had committed all his chief Houshold-stuff Plate Records and the Treasures of all the Realm with all the Magazines he had gotten to D●nstans custody and laid them up in the Monastery at Glastonbnry yea he committed his Kingdom body and Soul unto him So as all was wholly in Dunstans power who alone managed all the publick affairs of the Realm and exercised Regal Authority And when King Edred in his sicknesse demanded all his Housholdstuff Jewels Monies and Treasures from him Dunstan pretending to fetch them before he returned with them Dustan heard a voice as our Monkish Writers fable that Edred was dead in the Lord and thereupon detained them in his and his Monks custody being unwilling to part with them to young King Edwin his Successor whereupon he seised on them by force as of right belonging to him and expelled Dunstan with his Monks And so much the rather because Dunstan presumed most impudently and violently to rush into his Bed-chamber and pull him out sorcibly thence on the very day of his Coronation contrary to all Christian and Princely Modesty from the embraces of his beautifull and beloved Alfgina which some Monks and these Historians report to be his lawfull wife not his Concubine and not coment therewith he excited Odo Archbishop of Canterbury publickly to divorce her from him some say for consanguinity only and others for other Reasons Whereupon the king betaking himself to his Concubines Odo suspended him from the Church excommunicated all his Concubines caused one of them whom the king best affected to be violently fetched out of the Court with armed Men branded her in the forehead with an hot Iron and then banished her into Ireland After which she returning into England Odo apprehended her the second time and cut off her Sinews at the Hock-bone All which intollerable Affronts so incensed Edwin that he banished and spoyled Dunstan with his Monks as aforesaid and threatned Odo with severe punishments none others in the Realm but these daring then to oppose him hereupon they formerly and then bearing the greatest sway by way of revenge and to prevent Edwins further fury against them stirred up the Mercians and Northumbrians to reject him and that in a tumultuous manner by force of Arme in which Uproar Edgar gained possession of half his Kingdom Matthew Parker and Sir Henry Spelman out of him subjoyns that by these civil dissentions raised between King Edwin and his Brother Edgar they much weakned the forces of the Realm in many set Battels fought between them till at last Edgar getting the better Convocato ad Branfordiam Regni concilio Fratris Edwini acta et decreta rescendit Assemblong a Council at Brandford he repealed all the Acts and Decrees of his Brother King Edwin restored to the Churches and Monasteries the Treasures he had taken from them recalled Dunstan from his former banishment and made him first Bishop of Worcester then of London and last of all of Canterbury Henry de Knyghton a Canon of the Abbey of Leicester relates out of the History of Leicester Abbey That Edwin being expulsed and shamefully thrust out of his kingdom for his evil life and exorbitant actions done against the Church the Monarchy of England continued void above a year Whereupon many murders and wickednesses were committed and infinite mischiefs happened amonst the people for want of Government until holy men both of the Clergy and People deeply affected therewith humbled themselves and uncessantly repented of their sins and prayed day and night to God that he would hear them and mercifully relieve them in so great necessity giving them such a King who might govern the Realm of England in such sort as might redound to the honour of God and profit of the Realm That God beholding their prayers from on high in the
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 Ken●… that they should be perpetually freed ab omni exactione publica tributi atque dispendio vel laestone à praesenti aie tempore c. From all publick exaction 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 Arch-bishop 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 〈…〉 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 absuit 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 ●…lace to Religion he was loosed from his Bonds detain●ed 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 sp●led 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 Anno 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 praeser●im cum eorum robori accedat Regis nostri Jussio nostrae necessitatis sponsio c. Puer in Regem levatus host is 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
difference which he had raised between the Pope and Archbishop by his Messengers and should restore to the said Father all the power and dignity which belonged to the said Primates See according to the authority which his Predecessors most amply enjoyed in former time But if the King could not do this that he should then restore the mony and Land which he exacted of the Arohbishop to him again Upon this condition therefore the said reverend Father gave his assent But nothing of the aforesaid condition was performed For three whole years after the said agreement he remained deprived of the power which his predecessors and himself had before that difference over Suthmenstre as well in pasture mony vestments as obedience which belonged to the Metrapolitical See But after the death of King Kenulf when Beornulf reigned the said Archbishop Wulfred invited Abbess Kenedrytha Heir and Daughter of King Kenulf to the foresaid Council whither when she came the Archbishop complained in the audience of all the Council of the injuries and troubles offered and done to him and to Christs Church by her Father and required reparation from her if it were Just Then all the Council found it to be Justice et hoc unanimi consensu Decrevit and Decreed it by a unanimous consent That all those things which her Father had taken away from the Archbishop she ought justly to restore unto him and to give him so much again for reparation And moreover should restore all the use or profit the foresaid Father had lost in so long a space which she humbly promised to do It seemed good therefore to king Beornulf with his Wisemen for friendship sake most diligently to make a reconciliation and amends for the said Lands between the heirs of King Kenulf and the Archbishop and because this pleased the king and he humbly intreated it out of Love and Friendship to the King the Archbishop consented thereto for the heirs of the said king Kenulf often desired to have the said Father to be their Patron and intercessor And they intreated him with humble devotion that for a full reconciliation he would receive in four places one hundred Hides of Land to wit Herges and Herfording Land Wamdel●a and Gedding Then the Archbishop for the love of God and the amiable friendship of Beornulf consented to this accord upon this condition that the foresaid Abbess should deliver to the said Archbishop the foresaid Lands of one hundred Hides with the Books which the English call Landbor and with the same liberty which he had before for a perpetual inher●nace Whereupon king Beornulf with the testimony of the whole Council proclaimed it to be altogether free But this Agreement was not all this time ratified because after these things the promise remained unfulfilled for 12 Moneths for three Hides or tenements of the foresaid Lands were detained and the Books of 47 tenements to wit the Book of Bockland the Book of Wambelea and also the Book of Herfocdingland But in the year following she the said Ahbess desired a Conference with the foresaid Archbishop who at that time was in the Country of the Wicii at a place called Ostaveshlen where he held a Council where when she had found the man of God she confessed her folly in delaying her former agreement upon which the Archbishop with great sweetness shewed that he was altogether free from the foresaid agreement and that of her part there were many things wanting which she ought to have restored but she being brought before the Council● greatly blushing humbly promised that she would restore all those things that were wanting and with a willing mind restored to the Archbishop the Books of certain Lands which before she had not promised with the Lands adjudged to him as Sir Henry Spelmans Margent supplies the defect in the same Council She likewise added thereto a farm of 4 tenements in Hevgam for his favour likewise She gave to the Archbishop 30 Hide land or tenements in Cumbe with a Book of the said Lands that a firm and stable friendship and accord might remain between all the heirs of King Kenulf and the Archbishop To all which things the Arch-bishop gave his consent upon this Condition that the names of the afore said Lands should be rased quite out of the Ancient Privileges which belong to Wincelcumbe lest in after times some controversie should be raised De hoc quod Synodali authoritate decretum est et signo crucis firmatum concerning this which was ended by authority of the Council and confirmed with the sign of the Ctoss By this and the precedent Councils of Clovesho it is apdarent first That the Injustice Rapine and oppression of our Saxon Kings themselves was then examined and redressed in and by our Parliamentary Councils 2ly That Tittles to Lands Jurisdictions Privileges unjustly taken from the Church and other men by our kings or other great persons and complaints touching the same were usually heard determined and redressed in the great Parliamentary Councils of that Age upon complaints made thereof and that to and before the whole Council not to any private Committees not then in use 3ly That restitution reparations and damages in such Cases were usually awarded in such Parliamentary Councils not only against the Kings Parties that did the wrong but likewise against their heirs as here against AbbessCenedritha Daugher and heir to king Kenulph After the decease ofher father the Tort Feasor 4ly That the same cause and complaint was revived continued ended in succeeding that rested undecided and unrecompense● in former Councils 5ly That Agreements Exchanges and Judgements given upon Complaints in Parliamentary Councils were conclusive and final to the Parties and their Heirs 6ly That Injuries done by the power of our Kings or great Men in one Parliamentary Council as in dividing the Archbishoprick of Canterbury c. were examined redressed by another subsequent Council 7ly That Parliamentary Councils in that Age were very frequently held atleast once or twice a year if not interrupted by wars and that usually at Clovesho according to the Decree of the Council of Heartford under Archbishop Theodor That the Bishops once a year should assemble together in a Council at Clovesho as Gervasius Doroberniensis records there being 4 Councils there and elsewhere held in King Beornulfs 4 years reign I find m another Council held at Clovesho in the year 824 the 3. of the Calends of November under Beornulf King of Mercians and Wulfred Archbishop of Canterbury where this King which all his Bishops and Abbots and all the Princes Nobles and many most wise men were assembled together Amongst other businesses debated therein there was a sure between Heabere Bishop of Worcester and the Nuns of Berclea concerning the inheritance of Aethelfrick Son of Aethelmund to wit the Monasterie called West-Burgh the Lands whereof with the Books the Bishop then had as Aethelfrick had before commanded that they should be restored to
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 slatueret as the Council should ordain which also was done Therefore in the Subscriptions of the Kings Charter afore-mentioned the Archbishop of Canterbury Coolnoth confesseth himfelf 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 Uuniversique 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 there in 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 forein 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 acknowledgement 10. That our Kings in that age could not grant away their Crown lands create or in large 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 perpetnum domino nostro Jesu Christo in nostris temporibus bellorum incendia direptiones opum nostrarum vastantium crudelissimas hostium barbarorum paganorumque gentium multiplices tribulationes affligentium usque ad internecionem cernimus tempota incumbere periculosa Quamobrem ego Aethelulfus Rex Occidentali●m Saxonum cum Consilio Episcoporum ac Principum meorum Consilium salubre arque uniforme reme i●m ●…avi ut aliquam portionem Terrae meae Deo beatae Mariae omnibus sanctis Iure perpetuo possidendam concedam Decimam scilicet partem terrae meae 〈…〉 et libera ab omnibus servitiis secularibus nec non Regalibus Tributis Majoribus et Minoribus seu Taxationibus quae nos 〈…〉 appe●…amus Sitque omnium rerum libera pro remissione apimarum preccarorum meorum ●…erviend●m soli Deo sine expeditione et pontis constructione arcis munitione ut ●o diligentius ●…o nobis preces ad Deum ●●e cessatione fun●an● quo eorum servitutem in aliquo levigamus The Copies in our Historians vary in some expressions and in the dare of this Charter some placing it in Anno 855. others Anno 865. This Charter as Ingulphus records was made at Winchester Novemb. 3. Anno. 855. praesentibus subscribentibus Archiepiscopis Angliae universis nec non Burredo Merciae Edmundi East-Anglorum rege Abbatum Abbatissarum Ducum Comitum Procerumque totius terrae aliorumque fidelium infinita multitudine Dignitates vero sua nomina subscripserunt After which for a greater Confirmation the King offered the Written Charter up to God upon the Altar of St. Peter where the Bishops received it and after sent it into all their Diocesses to be published and hereupon the Bishops of Sherburne and Winchester with the Abbots and religious persons on whom the said benefits were bestowed decreed That on every Wednesday in every Church all the Friers and Nuns should sing 50 Psalms and every Priest 2 Masses one for the King and an other for his Captains It is observable first That the Parliamentary Council wherein this Charter was made and ratified by common consent and this exemption and tenth granted was principally called to resist the invading plundering Danes 2ly
Where upon being a Noble and very potent man of great Parentage he called all his kinsmen and the chief Nobles of his Familie to him with all speed and acquainted them with this dishonour done to him by the king saying he would by all means be avenged thereof and by their Counsel and Consent they went all together to York to the king who when he saw Bruern called him courteously to him But he guarded with his kinred and friends presently defying the King resigned up to him his Homage Fealty Lands and what ever he held of him saying that he would never hold any thing of him hereafter as of his Lord And so without more words or greater stay instantly departed and taking leave of his friends went speedily into Denmark and complained to Codrinus king thereof of the Indignity done by King Osbrith to him and his Lady imploring his aid and assistance speedily to revenge it he being extracted out of his Royal blood The king and Danes hereupon being exceeding glad that they had this inducing cause to invade England presently gathered together a great Atmy to revenge this Injury done to Bruern being of his Blood appointing his two Brothers Inguar and Hubba most valiant Souldiers to be their Generals who providing Ships and other Necessaries transported an innumerable Army into England and landed them in the Nothern parts This being the true Cause why the Danes at this time invaded England in this manner In the mean time the Parents Kindred and Friends of Bruern expelled and rejected King Osbrith for this Injury done to him and his Lady refusing to hold their Lands of or to obey him any longer as their Soveraign and advanced one Ella to be King though none of the Royal bloud Our other Historians who mention not this fact of Osbrith and occasion of these Danes arival to revenge it write that the Danes upon their Landing marched to the City of York wasting all the Country before them with fire and Sword unto Tinmouth At that time they write by the Devilsinstinct there was a very great discord raised between the Northumberlanders Sicut semper populo qui odium incurrerit evenire solet For the Northumberlanders at that time had expelled their lawfull King Osbrith out of the Realm and advanced one Ella a Tyrant not of the Royal bloud to the Regal Soveraignty of the Kingdom By reason of which division the Danes taking York ran up and down the Country filling all places with bloud and Grief wasting and burning all the Churches and Monasteries far and near leaving nothing standing but the Walls and ruines of them pillaging depopulating and laying waste the whole Country In which great necessity and distress the Northumberlanders reconciling their two Kings Osbrith and Ella one to another gathered a great Army together against the Danes which their two Kings and eight Earls marched with to York where after a long fight with various success both the said Kings with most of the Northumberlanders were all stain April 11. Anno 867. The City of York consumea with fire and the whole Kingdom made tributarie to the Danes Simeon Dunelmensis relates that both these kings had violently sacrilegiously taken away certain Lands from S. Cuthberts Church in Durham for Osbrit had by a sacrilegious attempt taken away Wircewood and Tillemouth and Ella Billingham Heclif and Wigeclif Creca from S. Cuthbert tandem cum maximâ parte suorum ambo praefati Reges occubuerunt Injurias quas Ecclesiae sancti Cuthberti aliquando irrogaverant vitâ privati regno persolverunt Which the Author of the History of St. Cuthbert observes and records more largely as a punishment of their sacrilegious Rapine The Danes hereupon made Egbert king of Northumberland as a Tributary and Viceroy under them Sic Northumbria bellieo jure obtenta barbaro rum dominium multo post tempore pro conscientiâ libertatis Ingemuit writes Malmesbury de Gestis Regum Angliae l. 2. c. 3. p. 42. These rebellious Northumberlanders about 7 years after uno conspirantes consilio expelled Egbert the Realm by unanimous consent together with Archbishop Wilfer making one Richius King in his Place the Danes both then and long after possessing and wasting their Country and slaughtering them with fire and sword as the Marginal Historians record more than any other parts of the Iland by a just divine punishment for their manifold Treasons Seditions Factions Rebellions against and Murders of their Soveraigns In the year 868. a great Army of these victorious plundering Danes marched out of the Kingdome of Northumberland to Nottingham which they took and there wintered Whereupon Beorred or Brithred King of Mercians omnesque esusdem gentis Optimates and all the Nobles of that Nation assembled together Where the King Consilium habuit cum suis Comitibus comilitonibus omni populo nbi subjecto Qualitèr inimicos bellicâ virtute exuperaret sive de Regno expelleret held a Council with his Earls and fellow Souldiers and all the people subject to him how he might vanquish these Enemies with military power or drive them out of the Realm By whose advice he sent Messengers to Ethelred King of the West-Saxons and to his Brother Elfrid humbly requesting them that they would assist and joyn with him against the Danish Army which they easily condescening to gathered a very great Army together out of all parts and joyning all together with Beorred and his forces marched to Nottingham unanimously with a a resolution to give the Danes battel who sheltering themselves under the works of the Castle and Town refused to fight with them whereupon they besieged them in the Town but being unable to break the Walls they concluded a Peace at last with the Danes upon condition that they should relinquish the Town and march back again into Northumberland which they did where their Army continued the whole year following in about York debacchans insaniens occidens perdens perplurimos viros mulieres 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 Churohes Chapels Mannors Mansions Cottages Woods Lands Meadows therein specified to God and Saint Guthla● 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 Merciorum omnibus provinciis populis earum universam Merciam inhabitantibus fidem Catholicam
Deo conservabitur ubi Lucrum impium et magis falsum diligitur Ideo deben● omnes am●●● Dei quod iniquum e●● enervare quod jnstum est elevare non pa●i ut propter falsum et pecuniae quaestum se forisfaciant homine● ergà vere sapi●n●em Deum cui displice● omnis injustitia Which I wish all our unrighteous cov●●ous ●ax-masters Excisers and Exacters would now seriously consider After which it follows● Christianis autem omnibus necessarium est ut rectum diligant ut iniqua condemnent et saltem sacris Ordinibus erecti justum semper erigant et prava deponant Hinc debent Episcopi cum saec●li Judicibus interesse Judiciis ne permittant si possint ut illinc aliqua pravi●atum germina pullulaverint And to avoid all arbitrary proceedings oppressions and Injustice in all things this Council by positive Laws ascertains all sines amerciaments imprisonments and corporal punishments for criminal o●fences from which the Judges might not vary And withall defines what Armes every man should find in those times of war against the Danes and other Enemies by his positive Law Lex 21. Sax. 16. Omnis homo habebit duos homines cum bonis equis de omni Carucâ King Ethelstane after this Council at Grately what years is not expressed assembled several other Parliamentary Councils at Exeter Fevresham and Thunderfeld wherein he and his Wisemen by common consent confirmed the Laws made at Grately altering some of them in certain particulars and adding some new Laws unto them as you may read at large in Bromton and as the first Chapter and this Prologue to those Laws assure us Haec sunt Judicia quae Sapientes Exoniae consilio Adelstani Regis instituerunt iterum●●●ud Fevresham et tertia vice a●ud Thundresfeldiam ubi hoc de●●nitum stmul et con●●ematum est et hoc imprimis est ut observentur omnia Judicia quae apud Grateleyam imposita fuerint praeter mercatum Civitatis et Die● Dominicae The Cause of making these new Laws and confirming the old was a Complaint ●o the King in the Council at Exeter that the Peace and Laws made at Grateley were not so well kept as they should be and that The●ves and Malefactors abounded as this Prologue manifests Ego Adelstanus Rex notifico vobis sicut dictum est Michi quod pax nostra pejus observata est quam Michi placet vel apud Grateleyam fuerit institutum Et Sapientes Michi dicunt quod hocdiutius pertuli quàm debueram Nunc inveni cum illis Sapientibus qui apud Exoniam fuerint mecum in sancto Natali Domini quod parati sunt omninò quando velim cum seipsis uxoribus pecunia omni re suâ ire quo tunc voluero nisi malefactores requiescant eo tenore quo nunquam deinceps in patriam istam redeant c. In the Council of Fevresham in Kent the King by some of his Wise-Counsellors sent thither to it propounded some things for the weal and peace of the Country together with his pardon for fore-past offences which they upon debate assenting to and drawing up into sundry heads returned to the King for his Royal assent with this memorable Gratulatory Prologue which most truly representing unto us the proceedings in the great Councils of that Age I thought meet entirely to transcribe Karissime Episcopi tui de Kent omnis Kentescire Thayni Comites Villani tibi Domino dilectissimo suo gratias agunt quod nobis de pace nostra praecipere voluisti de commodo nostro perquirere consulere quia magnum opus est inde nobis divitibus Egenis Et hoc incepimus quanta diligentia potuimus consilio horum Sapientum quos ad nos misisti unde Karissime Domine primum est de nostra decima ad quam valdè cupidi sumus voluntarii tibi supplices gratias agimus admonitionis tuae Secundum est de pace nostrá quam omnis populus teneri desiderat sicut apud Grateleyam Sapientes tui posuerunt et sicut etiam nunc dictum est in Concilio apud Fefresham Tertium est quod gratiant omnes misericorditur Hermerum dominum suum de dono quod forisfactis hominibus concessisti hoc est quod pardonatur omnibus forisfactura de quocunque furto quod antè Concilium de Fefresham factum fuit eo tenore quo semper deinceps ab omni malo quiescant et omne latrocinium confiteantur et emendent hinc ad Augustum Quartum Ne aliquis recipiat hominem alterius sine licentia ipsius cui prius folgavit nec intra marcam nec extra et etiam ne Dominus libero homini hlasocnam interdicat si rectè custodierit eum Quintum Qui ex hoc discedat sit dignus eorum quae ●in scripto pacis habentur quod apud Grateleyam institutum est Sextum si aliquis homo sit adeo dives vel tantae parentelae quod castigari non possit vel illud cessare nolit ut efficias qualiter abstrahatur in aliam partem regni tui sicut dictum est in occiduis partibus sit alterutrum quod sit sit Comitum sit Villanorum Septimum est ut omnis homo tenea● homines suos in side jussione suâ contrà omne furtum Si tunc sit aliquis qui tot homines habeat quod non sufficiat omnes custodire praepositum talem praeponat sibi singulis villis qui credibilis ei sit qui concredat hominibus Et si praepositis alicui eorum hominum concredere non audeat inveniat XII plegios cognationis suae qui ei stent in side jussione Et si Dominus vel praepositus vel aliquis hoc infringat vel abhinc exeat sit dignus eorum quae apud Grateleyam dicta sunt nisi Regi magis placeat alia justitia Octavum Quod omnibus placuit de scutorum opere sicut dixisti Precamur Domine misericordiam tuam sit in hoc sit in alterutrum velnimis velminus ut hoc emendare Jubeas juxta velle tuum Et nos devotè parati sumus ad omnia quae nobis praecipere velis quae unquam aliquatenus implere valeamus After this there was another kind of Parliamentary Council held at London not long after that another at Thithamberig wherein many consultations were had propositions made for suppression punishment of Theeves and keeping of the peace which the Justices Commissioners and others appointed to keep the peace and to take sureties of all men to the keeping thereof concluded upon at London and after submitted to the Kings Council to enlarge or alter as he should see cause Who thereupon made some alteration and mi●igation at Thithamberig of what the King thought over-severe in putting to dea h those who were above 12 years of Age for 12d value as these passages attest declaring the proceedings of that Parliamentary Council h Hoc consultum
Alferus Duke of Mercia and many other Nobles siding with the maried Secular Priests against the Monkish Clergy combined to advance ●oung Ethelred electing him unanimously for their King disavowing Edward as illegitimate and begotten of an harlot before mariage as Malmesbury de Gestis Regum l. 2. c. 8. Osburn in the life of Dunstan Nicholas Trivet Johannis Parisi●nsis Vincentius Antoninus Matthew Parker in the Life of Archbishop Dunstan Mr. Fox and others repute him though Ingulphus Huntindon Hoveden Mat Westminster Florentius Wigornensis Bromton Abbot Ethelred Simeon Dunelmensis Radulphus Cistrensis and the generality of our modern Historians repute him Edgars lawfull Son and right heir to the Crown Whereupon the most of the Nobles elected him to succeed unto his Father The two Archbishops Dunstan and Oswald with all the Bishops Abbots and Clergy of the Monkish faction holding their new-gotten States dangerous and their footing unsure if in the nonage of the King their Opposites should rule all under him as they imagined they would if Ethlred were elected by them thereupon abetted the Title of Edward as altogether wrought to their mould and treading in his Fathers footsteps lawfully begotten in the nuptial bed of Queen Ethelfleda right heir to his Father and by him designed to succeed him Their claimes thus banded amongst the Nobles Duustan and O●… foreseeing the danger prudently assemb●… all the Bishops Abbots and Nobles together in a Great Council to debate their rights and settle the title Where Archbishop Dunstan as some write comming in with his Cross and Banner dum consecrationis ejus tempore nonnulli Patriae Optimates resistere voluissent not staying for further debating de Jure presented Prince Edward in the midst of them de Facto for their Lawfull King as his Father had declared him at his death Upon which the Major part of the Council being Clergymen elected anointed and consecrated Edward for their King Quibusdam Optimatum murmurantibus some of the Nobles of the contrary party murmuring at it especially Queen Elfrida who thought to advance her young Son to the Throne that so she might rule all things and reign under the colour of his name as Dunstan and the Monkish Clergy did under the colour of King Edwards whose Counsels and admonitions he diligently followed in all things and judgements acted by him During the Interregnum and banding of these two parties about the right of the Crown and immediately after Edwards coronation there arose great controversies tumults and civil Warrs between the Monkish Clergy and maried Secular Priests and the Nobles siding with both parties The marie● Priests presently upon Edgars death complained to Queen Elfrida Elfere and the Nobles That they were unjustly expelled out of their Churches by the Monks and their prevailing party alleging that it would be a very great and miserable dishonour to the Nation and shame to them ut novus advena veteres colonos migrare compelleret hoc nec Deo gratum putari qui veterum habitationem concessi●…e● nec alicui probo homini qui sibi idem timere possit quod aliis praejudicio accedisse cerneret Hereupon many clamours and tumults arising among the people they went to Archbishop Dunstan Praecipue Proceribus ut Laicorum est succlamantibus praejudicium c. but especially to the Nobles as the manner of Laymen is crying out unto them that the Secular Clergy were prejudged and suffered unjustly being expelled their 〈◊〉 posessions without cause that they ought to be more mild●y dealt with and restored to their Rights Dunstan giving a deaf ear to these their just complaints many of the Princes and Nobles thereupon in a tumultuous manner expulsed the Abbots and Monks out of the Monasteries wherein King Edgar had placed them and brought in the maried Clerks with their wives in their places as at first Among others Alfere Earl of Mercia gathering great forces and using much insolence overturned almost all the Monasteries King Edgar and Bishop Ethelwold had built in the Province of Mercia quorundam Potentum assensu ●t factione placing maried Priests in them This they did magnis occaecati muneribus by the maried Clergy as Hoveden Simeon Dunelmensis Florentius Wigorniensis and our Monkish Historians as●ert To which Abbot Ingulphus subjoyns Cujus Regis Edwardi sancta simplicitate et innocentia tàm abusa est factio Tyrannorum pe● Reginae favorem et potentiam praecipue roborata quod per Merciam Monachis de quibusdam Monastertis ejectis Clerici sunt inducti Qui statim Monasteriorum maneria Ducibus terrae distribuebant ut sic in suas partes obligati eos contra Monachos defensarent Tunc de Monasterio Eveshamensi Mon ●ch●s expulsis Clerici fuerunt introducti Terraeque Tyranni de terris Ecclesiae praemiati sunt quibus Regina cum novercali nequitia stans cum Clericis in Regis opprobrium favebat Cum Monachis Rex et sancti Episcopi persistebant Sed Tyranni fulti Reginae favore et potentia super Monachos triumphabant The Monks on the contrary to secure their interest by like Bribes and means as is most probable though our Monkish Historians conceal it stirred up Ethelwin Duke of the East-English and Brithnorth Earl of Essex men of great dread and power to appear in their quarrel and resist the opposite party Qui in Synodo constituti who assembled together in a Synod or Council for that end protested That they would never indure the Monks should be cast out of the Realm who held up all Religion in the Kingdom After which they raised a mighty Army defending with great valour the Monasteries of the Eastern English keeping the Monks in possession of them This fire between the Monks and maried Priests thus blown from a spark to a flame was feared to mount higher if not timely quenched Wherefore by mediation of Wise men arms being laid aside the cause was referred to be heard and decided between them in a Great Council of the whole Kingdom For which end there was a famous Council summoned and held at Winchester which some Historians antedate in Edgars life others place in the Interregnum after his death but the series of Story and most judicious Antiquaries evince it to be after Edwards Coronation Anno 975. In this Great Council the King and Archbishop Dunstan sitting in their Thrones as chief Judges of the Controversie in the East-End of the Hall of the Refectory of Winchester Abby near the wall wherein there was a Crucifix immured just behind them Duces cum torius Regni Magnatibus the Dukes with all the Nobles of the Realm and the expulsed maried Clerks standing on the left side of the Refectory and pleading for themselves that they might be restored and Oswald Archbishop of York Athelwold Bishop of Winchester with the Monks standing all together on the right side of the Hall pleading for their continuance in their Churches as the Author of the old Manuscript Chronicle of Winchester Abby
Realm and the hearts of the Subject to be withdrawn from and set against their Soveraign they thought it a sufficient occasion and advantage to forward their intendments and omitting no time arived on the Coasts of Kent and spoiled the Country as aforesaid About the year of our Lord 982. One Lefsi bought lands in the Isle of Ily of Adelwold Bishop of Winchester and not only denied to pay for them but likewise forcibly disseised the Bishop of 3. Manors Burch Undeles and Kateringes which the Bishop recovered by Judgement of the Earldermen and Thames in the WITENAGEMOTE Wittagemiot or Parliamentary Assembly of that age thus reported by the antient Book of Ely and by Mr. Selden out of it Edicitur placitum apud Londoniam quo cum Duces Principes Satrapae Rethores et Causidici ex omni parte confluxerant beatus Aedelwoldus praefatum Lefsium in jus protraxit et coram cunctis suam causam et injuriam ac rapinam quam ipse Leofsius intulerat sanctae Ecclesiae ex ordine patefecit Qua re benè ac apertè ab omnibus discussa omnes Deo et beato Aethelwaldo per judicium reddiderunt Burch et Undeles et Kateringes Judicaverunt etiam ut Leofsius Episcopo totum damnum suum suppleret et Mundam suam redderet de rapina verò Regis forisfacturam emendaret dato pretio genealogiae suae Post haec infra octavum diem convenerunt iterum ad Northamtune et congregata ibi tota Provincia sive Vicecomitatu coram cunctis iterum causam supradictam patefecerunt Qua patefacta ac declarata ut praejudicata erat apud Londoniam judicaverunt et isti apud Northamtune Quo facto omnis populus cum jurejurando in Christi Cruce reddiderunt Episcopo quae sua erant scilicet Burch et Undeles et Kateringes By which President it is apparent 1. That Parliamentary Councils in that age held Pleas and gave judgements of Disseisins and Titles of Lands 2. That they had Lawyers to assist them and plead such cases before them 3. That the Judgement given in the Great Council at London was confirmed recited and executed in the County-Court held at Northampton and possession of the Lands accordingly restored to the Bishop King Ethelred being incensed against the Bishop of Rochester Anno 983. as some or 986. as others compute it besieged the City of Rochester for a long space VVhereupon Archbishop Dunstan commanded him to give over the siege lest he should provoke St. Andrew Patron of that City against him The King notwithstanding continued his siege till he extorted one hundred pounds from the Bishop VVhereupon Dunstan admiring at his covetousness sent him this Message Because thou hast preferred silver before God Mony before an Apostle covetousness before me the evils which the Lord hath denounced shall violently come upon thee Upon which Matthew Westminster makes this observation Anno 986. Rex Anglorum Aethelredus qui prohibente beato Dunstano Centum libras ab Episcopo Roffensi extorserat pro pace brevissima pensionem 16 millium librarum persolvere compulsus est VVhich fell not out till the year 994. as himself and others record Malmesbury referrs it to the Tax of 10 thousand pounds paid by him to the Danes Anno 991. In this year 986. Alfric Duke of Mercians son of Duke Alfere was banished England crudeliter cruelly without just cause as Bromton recites which made him afterwards prove treacherous to the King he being one of those English quos nullis causis extantibus exhaeredabat Rex et affecto crimine opibus emungebat which Malmesbury taxeth him for His oppression and injustice being the chief causes of his miscarriage and expulsion by the Danes Anno 988. The Danes invading VVecedport thereupon Goda Earl of Devonshire Strenwild a most valiant Knight and many others in defence of their Native Country and Liberties fought with them and were slain by them And Anno 891. Brithnoth the most valiant Duke of the East English and his forces fought a set battle with the invading Danes who wasted Ipswich and the parts adjoyning In which battel an innumerable multitude were slain on both sides and this valiant Duke with many thousands of the English in defence of their Country against these Invaders After which by the Counsel of Syricius Arch-bishop of Canterbury Duke Aethelward Alfric and other Nobles assembled no doubt in a Parliamentary Council as Malmesbury his Duces et Proceres si quando in Concilium venissent pars hic 〈◊〉 illud el●… c. 〈◊〉 Henry de Knyghton his Proceres Regni si quando ad Concilium congregati c. import A Tribute of ten thousand pounds was given to the Danes that they might desist from their frequenr rapines and slaughters of men which they frequently exercised about the Sea-coasts pacemque firmam cum iis tenerent and might hold a firm peace with them Some of our Historians stile this Infaustum Concilium an unlucky Council Eadmerus gives this verdict of it Regis desidia circum circa innotuit Et ideo extevorum cupiditas opes Anglorum quam mortes affectans hac illac per mare terram invadere primo propinquas mari villas urbes deinde remotiores ac demum totam Provinciam miserabili depopulatione devastare Quibus cum ille nimio pavore perculsus non armis occurrere sed data pecunia pacem ab eis petere non erubuisset ipsi suscepto pretio in sua revertebantur ut numero suorum adaucto fortiores redirent ac praemia iteratae irruptionis multiplicata reciperent Unde modo decem millia modo sedecim millia modo viginti quatuor millia modo triginta millia librarum argenti consecuti sunt omnia illis largiente praefato Rege Edelredo et gravi exactione totum Regnum opprimente VVilliam of Malmesbury pa●●eth this censure on it and the unhappy consequence of it Danis omnes portus infestantibus levitate piratica ubique infestantibus dum nesciretur ubi eis occurrere debent decretum à Syriaco Archiepiepiscopo c. ut repellerentur argento qui non poterunt ferro Ita decem milli● librarum soluta cupiditatem Danorum expl●●ere Exemplum Infamiae et Viris indignnm libertatem pecunia redimere quam ab invicto animo nulla violentia possit excutere Et tunc quidem palisper ab incur●●bus cestarunt mox ubi vires otio resumpserunt ad superiora reditum Tantus timor Anglos invaserat ut nihil de resistendo cogitarent Si qui antiquae gloriae memores obviare ●●gna colligere tentassent hostium multitudine sociorum defectione destituebantur whereby they became Vassals and Tributaries to the insulting Danes Cujus Siricii consilio in gestis Regum dixi Ethelredum Regem animi libertatem Danis pretio ●endicasse Ut eoru● pacem argento redimerent quod ferro repellere posse●●
nisi corde car●re● Unde Importabilis Tributi pensio imposita Angliae fortunas provincialium ad solum usque destruxit Henry Huntindon and the Chronicle of Bromton pass this verdict against and deduce this memorable observation from this Tribute Edelredi Regis Anno 13. Primo statuerunt Angli which intimates it to be 〈…〉 Parliamentary Council Concilio infausto Siricii Archiepiscopi quod ipsi censum Dacis persolverent quatenus à rapinis caede ce●●arent ●…eis decem mille libras Hoc antem malum usque in hodiernum diem duravit et diu nisi Dei Pietas subveniat durabit Regibus namque nostris modo persolvimus ex consuetudine quod Dacis persolvebatur ex ineffabili terrore To which Bromton Ranulphus Censtrensis and Henry de Knyghton immediately subjoyn Dacis Tributum annuum solvunt Primo anno 10 milia librarum Secundo anno 16 millia librarum Tertio anno 20 millia librarum Quarto anno 24 millia Quinto anno 40. millia librarum d●nec tandem pecun●a deficiente iterum tenderent ad Rapinas Et tunc No●… depraeda●es et Londoniam obsidente● Coegerunt regem tributum dare Mat. Parker Archbishop of Cauterbury thus censures this ill advice of his Predecessor Siricius pacem Christianis ab infidelibus Dacis 10. librarum millibus redemit Ad ignominiam sane peneque perniciem totius Regni Mr. John Fox in●orms us That King Ethelred being gl●d to grant the Danes great sums of money for peace gave himself to polling of his Subjects and disinheriting them of their possessions and caused them to redeem the same again with great sums of money For that he paid great Tributes to the Danes yearly which ●as called Danegelt Which Tribute so increased that from the first Tribute of 10000 l. it was brought at last in processe of 5. or 6. years to 40000 l. The which yearly Tribute until the coming of St. Edward and after was levied of the people of the Land Moreover for lack of Justice many Theeves Rioters and Bribers were in the land with much misery and mischief To which sorrow moreover was joy●ed hunger and penury besides a bloudy flux feavers mortality murrain amongst cattel c. amongst the Commons insomuch that every one of them was constrained to pick and steal from others So that what for the pillage of the Danes and what by inward Theeves and Bribers this Land was brought into great affliction Albeit the greatest cause of this affliction as it seemeth to me is not so much to be imputed to the King as to the dissention among the Lords themselves who d● not agrée one with another but when they assembled in Consultation together either they did draw divers wayes or if any thing were agreed upon any matter of peace between the parties soon it was broken again or else if any good thing were devised for the prejudice of the Enemy even the Danes were warned thereof by some of the same Council John Speed in his Hist of Great Britain relates That King Ethelred could not redress the evils occasioned by the prosperous Danes successes who lay in the land like unto Grashoppers his strengths being small and his Subjects affections l●ss The●efor● calling to counsell the Statesmen and Peers demanded their Advics what was best to be done Some few of these profe●ed the King their assistance but more of them perswaded to a composition whereof Siricius Archbishop of Canterbury was chief and in fine ten thousand pounds paid to the Danes for their departure This golden mine once entred was more eagerly digged into by those still thirsting Danes who finding the branch so beneficial at first hoped the vein in following would prove farr more beneficial and therefore regardless of promise the next year prepared themselves again for England and with a great Fleet d●sp●●ched to Sea The News whereof struck such terror into the English hearts that despairing of hope they accounted themselves the Bondslaves of Misery and were enforced to compound a peace with them with the payment of 16000 pounds which they at last mounted to 40000 or 48000 pounds till it emptied the Land of all her coin the Kingdom of her Glory the Nobi●ity of their Courage the Commons of their Content and the Soveraign of his wonted Respect and Observation A pattern of our age and times Samuel D●mel gives us this Censure of this first unworthy heavy Tax Ethelred in the end was fain seeing he could not prevail with the sword to assail them with money and bought a peace for 10000 pounds which God wot proved after a very dear penny-worth to the Commonwealth Shewing the seller thereof how much was in his power and the buyer at how bad a rate his necessity was to be served and yet not sure of his bargain longer than the Contractor would Who having found the benefit of this market raised the price therof almost every year And yet had not Ethelred what he paid for the land in one part or other being never free from spoil and invasion but rather were more oppressed both by the Dane and by this Taxation which was the first we find in our Annals laid upon the Kingdom and with heavy grievance raised in a poor distressed State continuing many Ages after the occasion was extinct And in the end though in ano●her 〈◊〉 became the usual Supplement in the Dangers of the Kingdom and the Occasions of Princes And hereby Ethelred enlarged the means and desires of the Enemy so that at length came Swaine King of Denmark and Anlafe King of Norwey in person as if likewise to receive him for committing outrage and were both returned with great summs And many years it was not ere Swaine returned again to raise new summs by new afflictions and tormenting here this poor turmoiled people more than ever receives a fee for bloudshed to the summ of 48000 l. Granted in the General Assembly of the States at London and a Peace or rather paction of servitude concluded From these passages of our Historians it is most evident 1. That this Tax of ten thousand pounds to the Danes was the very first we find imposed on the English Nation An. Domini 991 being never subject to any publike Civil Tax til then for ought appears by History 2. That this Tax was then imposed and after reimposed augmented on the Nation only by common advice grant and consent of the King Prelates and Nobles assembled in a publike and Parliamentary Council 3. That the original ground of granting it was base degenerous cowardise or unmanly fear and sluggishness both in the King Nobles and People and that by the very unlucky imprudent ill Council and advice of an Archprelate Siricius Archbishop of Canterbury being the ptinciple adviser of it 4ly That it was originally paid not to a lawfull Native Soveraign king for defence of the Nation but to a forein invading prevailing victorious Danish Enemy to
indumentorum designaretur Hac igitur providentia cum Legatoriis ad Ducem Normannorum missis Rex Anglorum suae petitionis concessionem obtinuisset Statut● tempore tanto digno ministerio ad Dominam suam recipiendam et adducendam Proceres Anglorum mittuntur in Normanniam quae longo et digno regibus apparatu dirigentur in Angliam Thus Henry Archdeacon of Huntindon Radulphus Cistrensis Bromton and others out of them vrite of this Norman ma●ch as the ground-work of translating the Goverment in succeeding times from the Saxons to the Normans for the Saxons sinnes forenamed This same year the Danish Fleet sailing into Normandy and pillaging it King Ethelred hearing of it marched with a great Army into Cumberland and the Northern parrs which had revolted to the Danes and where their greatest Colony was where he vanquished the Danes in a great battel and wasted pillaged most of all the Country Which done he commanded his Navy to sail round about the North parts of Wales and to meet him at an appointed place which by reason of cross winds they could not doe yet they wasted and took the Isle of Man which success somewhat raised and encouraged the dejected spirits of the English and encreased the Kings reputation with them In the years 1001. The Danish Fleet returning from Normandy entred the river of Ex and besieged Exceter which the Citizens manfully defending repulsed them with great loss from their walls Wherewith they being extremely enraged marched through all Devonshire burning the villages wasting the fields and slaying the people without distinction of age or sex after their usual manner Whereupon the inhabitants of Devon Somerset and Dorsetshires uniting their forces in a Body in a Place called Penho gave them battel but being overpowred by the multitude of the Danes who farr exceeded them both in number and military skill they were forced to slie and many of them slain The Danes there upon getting their horses harrowed Devonshire farr worse than before and returned with a great booty to their ships Whence steering their conrse to the Isle of Wight they preyed sometimes upon it sometimes upon Hampshire other times upon Dorsetshire no man resisting them Destroying the men with the sword and the Villages and Towns with fire in such sort ut cum illis nec classica manus navali nec pedestris exercitus certare audeat praello terrestri for which cause the King and People were overwhelmed with unspeakable grief and sadness In this sad perplexity King Ethelred Anno 1002. Habito consilio cum regni sui Primatibus as Florentius Wigorniensis Simeon Dunelmensis Radulphus de Dicet● Roger Hoveden and others express it or Consilio Primatum suorum as Mat. Westminster and his followers relate it By the Counsel of the Nobles of his realm assembled together for this purpose at London reputed it beneficial for him and his people to make an Agreement with the Danes and to give them a Stipend and Pacifying Tribute that so they might cease from their mischiefs For which end Duke Leofsi was sent to the Danes who coming to them importuned them that they would accept of a Stipend and Tribute They gladly embracing his Embassy condescended to his request and determined how much Tribute should be paid them for to keep the peace Whereupon soon after A Tribute of 24000 pounds was paid them pro bono Pacis for the good of Peace In this Assembly and Council as I conjecture King Ethelred informed his COUNSELLERS who instructed him both in divine and humane things with the sloathfulness negligence and vicious lives of the Secular Priests throughout England and by their advice thought meet to thrust them out and put Monks in their places to pour forth prayers and praises to God for him and his people in a due manner Whereupon he confirmed by his Charter the ejection of the Secular Priests out of Christs-Church in Canterbury and the introduction of Monks in their places and ratified all the lands and privileges formerly granted them exempting the Monastery and Lands thereof from all Secular services except Expeditione Pontium operatione et Arcium reparatione Beseeching and conjuring all his lawfull Successors Kings Bishops Earls and people that they should not be Ecclesiae Christi Praedones sed sitis Patrimonii Christi defensores seduli ut vita et gaudio aeternis cum omnibus Dei sanctis in aeternum frua●… Which Charter was ratified by the Subscriptions of the King Archbishop Bishops Abbots and of several Aeldermen Nobles and Officers and the sign of the Cross This year Duke Leofsi slaying Esric a Nobleman the Kings chief Provost was judicially banished the Realm by the King for this offence After this Peace made with the Danes Anno 1002. Emma ariving in England received both the Diadem and name of a Queen whereupon King Ethelred puffed up with pride seeing he could not drive out the Danes by force of arms contrived how to murder and destroy them all in one day by Treachery at unawares either by the sword or by fire because they endeavoured to deprive him and his Nobles both of their Lives and the Realm and to subject all England to their own Dominion The occasion time and manner of whose sudden universal Massacre is thus related by Mat. Westminster An. 1012. though acted An. 1002. as all accord and by Mr. Fox and others Huna General of King Ethelreds Militia a valiant warlike man who had taken upon him the managing of the affairs of the Realm under the King observing the insolency of the Danes who now after the peace made with them did so proudly Lord it through all England that they presumed to ravish the wives and daughters of Noblemen and every where to expose them to scorn by strength caused the English husbandmen to soyl and sow their land and doe all vile labor belonging to the House whiles they would sit idely at home holding their wives daughters and servants at their pleasure and when the husbandmen came home they should scarcely have of their own as his servants had So that the Dane had all at his will and fill faring of the best when the owner scarcely had his fill of the worst Thus the common people being of them opprested were in such fear and dread that not only they were constrained to suffer them in their Doings but also glad to please them and called every one of them in the House where they had rule LORD DANE c. Hereupon Huna goeth to the King much perplexed and makes a lamentable complaint to him concerning these things Upon which the King being not a little moved by the Counsel of the same Huna sent Letters or Commissions unto all the coasts of the Realm commanding all and every of the Nation that on one day after to wit on the Feast of St. Brice the Bishop all the Danes throughout England should be put to death by a secret Massacre
Saint he fell off from his horse and continued in great torment till night and so ended his life with a miserable death Swane being de●d the whole Navy and Nation of the Danes Elected and made ●…te his son their King and Lord 〈…〉 Majores Natu totius Angliae The Nobles and Senators of all England liking nothing ●e●s than bondages especially under such new tyrannizing forein Intr●… thinking it now or never the time to shake of● their new yoak pronounced their Natural Lord to be dearer to them than any Foreiner Si regalius se quam consu●verat ageret Whereupon with unanimous consent and great joy and speed they sent messengers ●…o Normandy to Ethelred to inform him Nullum eo libentius se in Regem recepturos si ipse vel rectius gubernare vel mitius eos tractare vellet quam prius tractaverat and to hasten his return unto them Who thereupon presently sent over his son Edward qui fidem Principum favoremque vulgi praesens specularetur who together with his Embassadors assured both the Nobles and Commons of the English Nation That he would for time to come be their mild and devout Lord consent to their wills in all things acquiesce in their Counsels and if he had offended in any kinde he would reform it according as they should think fit and with a ready mind pardon whatsoever had been contemptuously or disgracefully spoken or acted by them against him or his if they would all unanimously receive him again as their King into the Kingdom To which they all gave a favourable and satisfactory answer Whereupon a plenary reconciliation was ratified between them on both sides both by words and compact Moreover The Nobles unanimously and fréely agreed and voted That they would never more admit a Danish King into England to reign over them These things concluded King Ethelred speedily returns into England where he was honourably and joyfully received by the English And that he might seem to cast off his former sloathfulness he hastned to raise an Army against Cnute who remaining with his Navy in Lindesey made an agreement with the inhabitants exacting men and horses from them that he might surprise Ethelred at unawares and threatning grievously to punish all such as revolted from him But Cnute being taken in his own craft Ethelred marching thither with a strong army before he was provided to receive him fled from thence with his Hostages Army and Navy to Sandwich whereupon Ethelred depopulated all Lindesey wasting the Country with fire and sword slaying all the Inhabitants as Traitors to him and their Native Country Cnute by way of revenge humano et divino Jure contempto in insontes grassatus cuts off the hands and ears and ●●its the Noses of all the most Noble and beautiful Hostages throughout England given to his father and so dismissing them sailed into Denmark to settle his affairs and augment his sorces resolving to return the year following After his departure King Ethelred this very year Super haec omnia mala Classi quae apud Greenwic ●acui● Tributum quod erat 30. millia librarum pendi mandavit to wit to the Fleet under Turkell the Dane who instead of defending did but help to pillage and oppress the English Huntindon writes it was but 21 thousand pounds and Bromton avers that it was Cnute not Ethelred who commanded it to be paid to his Navy Soon after which the Sea rising higher than it was accustomed drowned an innumerable Company of Villages people and cartel After Cnutes departure King Ethelred summoned a Parliamentary Council at Oxford Anno 1015 both of the Danes and English Malmsbury expressly stiles it MAGNUM CONCILIUM Wigorniensis Hoveden Sim. Dunelmensis MAGNUM PLACITUM Matthew Westminster and others MAGNUM COLLOQUIUM our later English Historians a Great Council and Parliament The King by the ill advise of that Arch Traytor Duke Edric at this Great Council commanded some Nobles of the Danes to be sodenly and secretly slain quasi de Regia proditione notatos ac persidiae apud se insimulatos the chiefest of them were Sygeforth and Morcar whom Edric treacherously invited to his chamber and there making them drunk caused his armed guards there placed secretly to murder them which they did Hereupon their Servants endeavouring to revenge their Lords deaths being digniores et potentiores ex Seovengensibus they were repulsed with arms and forced to slye into the Tower of St. Frideswides Church for safety whence when they could not be forcibly expelled they were all there burnt together The King presently seised upon their lands and goods the chief cause of their murder as some conceived and sent the relict of Sygeforth a very Noble beautifull and vertuous Lady prisoner to Malmsbury whither Edmond the Kings base Son as some affirm posted without his fathers privity and being enamored with her beauty first carnally abused then afterward maried her and by her advice forcibly invaded and seised upon the Lands of her husband and Morcar which were very great and the Earldom of Northumberland which his father denied him upon his request Whereupon all the Inhabitants of that County readily submitted to him Whiles these things were acting d Cnute having setled his affairs in Denmark and made a League with his neighbour Kings recruired his Army and Navy and returned into England with a resolution either to win it or to lose his life in the attempt Ariving first at Sandwich and sailing thence to the West he pillaged Dorsetshire Somersetshire and Wiltshire filling all places with slaughters and plunders King Ethelred lying then sick at Cosham his son Edmond Ironside and Duke Edric raised an Army against Cnute but when both their forces were united to fight him the old persidious Traytor Edric endeavoured by all means to betray Edmond to the Danes or treacherously to slay him which being discovered to Edmond thereupon they severed their forces from each other and gave place to the Enemies without giving them battel Not long after Edric inticing to him 40 of the Kings ships furnished with Danish Mariners and Souldiers openly revolted and went with them to Cnute subjecting himself to his dominion as his Soveraign by whose example all West-Sex submitted to him as their Ki●g delivering him hostages for their fidelity resigning up all their arms to him and providing both horse and arms for his Danish Army The Mercians offred themselves alone to resist the Danes but through the Kings sloathfulness the business of war received delay and the enemies proceeded in their rapines without opposition In the year 1016. King Cnute and treacherous Duke Edric came with 200 sail of ships into the river of Thames whence they marched by land with a great Army of horse and foot and invaded Mercia in an hostile manner burning all the Towns and Villages and slaying all the men they met with in Warwickshire and other places whereupon King Ethelred as
Huntindon Wigorniensis and others record made an Edict Ut quicunque Anglorum sanus esset secum in bello procederet That every Englishman who was in health should go with him in battel against the Danes An innumerable multitude of people upon this assembled together to assist him But when his and his son Edmonds forces were conjoyned in one body the King was informed that some of his auxiliaries were ready to betray and deliver him up to the enemies unless he took care to prevent it and save himself and as some write the Mercians refused to fight with the VVest-Saxons and Danes whereupon the expedition was given over and every man returned to his own home After this Edmund Ironside raised a greater Army than before against Cnute and sent Messengers to King Ethelred to London to raise as many men as possible he could and speedily to come and joyn with him against the Danes but he for fear of being betrayed to the Enemy presently dismissed the Army without fighting and returned to London Hereupon Ed. Ironside went into Northumberland where some imagined he would raise a greater Army against Cnute the Dane but he and Vhtred Earl of Northumberland instead of incountring Cnute wasted the Counties of Stafford Shrewsbury and Leicester because they would not go forth to fight against the Danes Army in defence of their Country and King Cnute on the other side wasting with fire and sword the Counties of Buckingham Bedford Huntindon Northampton Lincoln Nottingham and after that Northumberland Which Edmond being informed of returned to London to his Father and Earl Uhtred returning home being compelled by necessity repaired to Cnute and submitted himself to him with all the Northumbrians making a Peace with him and giving him hostages for performance thereof and for his and their fidelity Not long after Uhtred and Turketel Earls of Northumberland were both treacherously slain by Turebrand a Dane by Cnutes command or Commission Which done Cnute made one Hirc some stile him Egric Earl of Northumberland in his place and then returned with all his army to his Ships in triumph a little before the feast of Easter with a very great booty Not long after King Ethelred born to troubles and mischief after manifold labours vexations treacheries and incessant tribulations ended his wretched life in London where he died May 9th Anno 1016. being there buried in St Pauls Church finding rest in his Grave by death which he could never find in his Throne all his life having attained it by Treachery and his Brothers Soveraigns murder whose Ghost as Malmesbury and others write did perpetually vex and haunt him all his reign and made him so subject to and fearfull of plots and treacheries that he knew not whom to trust nor ever deemed himself secure even in the midst of his oft raised Armies Nobles People though ready to adventure their Lives for his defence I have related these Passages of the Danish wars and invasions during Ethelreds reign more largely than I intended 1. Because on the Englishm●ns parts they were meerly defensive of their Native Country King Laws Liberties Properties Estates Lives against forein Invaders and ●…rpers 2ly Because they more or less relate to my forementioned Propositions touch-the fundamental Rights Liberties Properties of the English Nation 3ly Because they shew forth unto us the true original grounds causes motives necessities and manner of granting the very first Civil Tax and Tribute mentioned in our Histories by the King and his Nobles in their General Councils to the Danish invaders to purchase peace and the true nature use of our antient Danegelt and rectifie some mistakes in our common late English Historians Immediately after King Ethelreds decease Episcopi Abbates Duces et quique Nobiliores Angliae in unum congregati as Wigornien●…s Hoveden ●…n Dune●…s R●…us de Dice●o Bromton Or Maxima pars Regni tam Clericorum quam Laicorum in unum congregati 〈◊〉 Matthew VVestminster Or Proceres Regni cum Clero as Knyghton expresses it Pari consensu in Dominum et Regem Canntum eligere All the Bishops Abbots Dukes and Nobles of England and the greatest part of the chief Clergy and Laity assembled together in a kind of Parliamentary Council by unanimous conient elected Cnute for their Lord and King notwithstanding their solemn Vow and Engagement but the year before never to suffer a Danish King to reign over them Whereupon they all repaired ●o Cnute to Southampton omnemque Progeniem Regis Ethelredi coram illo abhorrentes et abnegando repudiantes as Wigor●i●● sis Huntindon Knyghton and others record and there in his presence abhorring and utterly renouncing and abjuring all the Progeny of King Ethelred they submitted themselves and swore ●e●lty to him as to their only King and Soveraign he reciprocally then swearing unto them That he would be a faithfull Lord unto them both in things appertaining to God and the World which our Historians thus express Quibus ille jurav●t quoa secundum Deum secundum seculum fidelis illis foret Dominus Only the City of London and part of the Nobles then in it unanimously chose and cryed up Ed. ●ronside King Ethelreds 3. son by Elgina his first Wife Daughter to Duke Thored as Speed and others relate though Matthew Westminster and others register his birth Non ex Emma Regma sed ex quadam ignobili foemina generatus qui utique matris suae ignobilitatem generis mentis ingenuitate corporis str●…it te redintegrando redemit After Edmonds election he was crowned King by Liuing Archbishop of Canterbury at Kingston upon Thames where our Kings in that age were usually crowned No sooner was he thus advanced to the Regal dignity but he presently marched undauntedly into VVest-Sex and being there received by all the People with great gratulation and joy he most speedily subjected it to his Dominion Which being divulg'd in other parts many Counties of England deserting Cnute voluntarily submitted themselves unto him such is the sickleness of the People unconstancy of worldly power and affairs Cnute in the mean time to be revenged of the Londoners for making Edmond King marched to London with his whole Army and Fleet besieged and blocked up the City with his Ships drawn up the Thames on the West-side of the Bridge and then drew a large and deep trench round about the City from the Southside of the River whereby he intercepted all ingress and egress to the Citizens and others whom he shut up so close that none could go in or out of the City and endeavoured by many strong assaults to force it but being still repulsed by the Citizens who valiantly defended the walls he left off the siege with great confusion and loss as well as dishonor Thence he marched with his Army into Dorsetshire to subdue it Where King Edmond meeting him with such forces as he could suddenly raise gave him battel at Penham near Gillingham where
carry between his arms offering that to him for his trespasse and submissively deprecating that he would pardon all his rancour and ill-will to the Earle and receiving his homage and feal●y he would restore and redeliver his lands intirely to him Vnto which award THEY ALL ACCORDING they all laded themselves with treasure in the manner aforesaid and going to the King declared unto him the order and manner of their JUDGEMENT or AVVARD QUORUM CONSIDERATIONI REX CONTRADICERE NOLENS QUICQUID JUDICAVERANT PER OMNIA RATIFICAVIT The King not willing to contradict them in any thing they had judged ratified the same in all things An agreement therefore being made between them in this manner the Earl presently regained all his lands The generality of our Historians as Bromton confesseth deny that Godwin ever fled into Denmark or left England for the murder of Alfred they generally affirming that he purged himself thereof though falsly CORAM PROCERIBUS before the Nobles in the reign of Harde-Cnute swearing with his compurgators that he never consented to his death NISI REGIA VI COACTUS but through compulsion by royall violence Recording likewise that after the death of King Harde-Cnute Prince Edward was called out of Normandy and elected King principally by the help and counsel of Earle Godwin himself who as Malmesbury and others write perswaded him to accept the Crown and precontracted with him before he came into England Paciscatur ergo sibi amicitiam solidam filiis honores integros filiae matrimonium brevi futurum ut se Regem videat qui nunc vitae naufragus exul spei alterius opem implorat Utrinque fide data quicquid petebatur sacramento firmavit If there were then any such Parliament as this then held at London and such proceedings in it concerning Godwin it was most probably in the year 1043. as I here place it And from these memorable proceedings in it we may observe 1. That there is mention onely of the King Earls and Barons present in this Parliament as members of it not of any Knights of shires Citizens or Burgesses elected by the people of which there is not one syllable 2. That the Earls and Barons in Parliament were the onely Judges in that age in Parliament between the King and his Nobles subjects both in criminal and other causes there decided 3. That Peers in that age were onely tryed and judged by their Peers for treason and capitall offences 4. That appeals of Treason were then tryed in Parliament and the Earls and Barons the sole Judges of them and of what offences were Treason and what not 5. That the Bishops and Clergy in that age bad no votes in matters of Treason and capitall offences 6. That the Judgement of Parliament then rested properly in the Earls and Barons not the King and that their judgement was not repealable by but obligatory to the King himself 7. That no Subject could then by law wage battel against the King in an Appeal 8. That the murther of Prince Alfred then heir to the Crown in the time of Harold an actuall King by usurpation without any good title by his command was reputed a treasonable offence in Earl Godwin for which he forfeited his lands and was forced to purchase his pardon and lands restitution with a great fine and summe to the King 9. That though the Author of the Chronicle of Bromton Caxton out of him stile this Assembly PARLIAMENTUM a Parliament not a COUNCIL yet it is onely according to the style of the age wherein he writ being in the reign of King Edward the third as Mr. Selden proves not according to the dialect of the age wherein it was held to which the term Parliamentum was a meer stranger and CONCILIUM MAGNUM c. the usual name expressing such Assemblies King Edward Anno 1643. immediately after his Coronation came suddenly from Gloc●ster to Winchester attended with Earl Godwin Siward and Leofric and by their advice forcibly took from his Mother Queen Emma all her gold silver jewels and precious stones and whatever rich things else she possessed commanding onely necessaries to be administred to her there The cause of which unjust act some affirm to be Godwins malice towards her others affirm it to be her unnaturalnesse to King Ethelred her first husband and her own sons by him Alfred and Edward In loving and marrying Cnute their enemy and supplanter when living and applauding him when dead more then Ethelred In advancing Harde-Cnute her son by him to the Crown and endeavouring to deprive Alfred Edward thereof In refusing to give any thing toward Prince Edw his maintenance whiles in exile and distresse although he oft requested her to supply his necessities In having some hand in the murther of Prince Alfred and endeavouring to poyson King Edward himself as the Chronicle of Bromton relates After which by the instigation of Robert Archbishop of Canterbury a Norman born he againe spoiled her of all she had and shut her up prisoner in the Abb●y of Werwel upon suspition of incontinency with Alwin Bishop of Winchester from which false imputation she purged her self and the Bishop by passing barefoot over nine red hot ploughshares without any harm Whereupon the King craved mercy and pardon from her for the infamy and injury done unto her for which he was disciplined and whipped by his Mother and all the Bishops there present Anno 1044. There was GENERALE CONCILIUM CELEBRATUN a General Council held at London wherein Wolmar was elected Abbot of Evesham And this year King Edward DE COMMUNI CONCILIO PROCERUM SUORUM as Bromton and others write most likely when assembled in the Council at London married Edith daughter of Earl Godwin in patrocinium regni sui he being the most potent man in all the Realm there being in her breast a magazine of all liberall vertues And this same year most probable by this same Councils Edict Gunilda a noble Matron King Crute's s●sters daughter with her two sons Hemming and Thurkell were banished out of England into Flanders from whence after a little stay they departed into Denmark King Edward in the year 1045. assembled together to the port of Sandwich a very numerous and strong Navy against Magnus King of Norway purposing to invade Engl. But Swane King of Denmark then warring upon him hindered his voyage for England The next year 1046. Osgodus Clapa was banished out of England Swane King of Denmark Anno 1047. sent Ambassadours to King Edward desiring him to send a Navy to him against Magnus King of Norway Hereupon Earl Godwin counselled the King to send him at least fifty ships furnished with souldiers Sed quia Leofrico comiti ET OMNI POPULO id non videbatur consilium CAETERI PROCERES DISSUASERUNT nullum ei mittere voluit But because that Council seemed not good to Earl Leofric and all the people and the rest of the Nobles
Book of the Exchequor and Sir Henry Spelman in his Glossary Title Danegold affirms 5. That King Edwards Officers after the Danish Kings expired reignes did collect it of the English Subjects without his privitie to cloath and pay his Souldiers and followers 6. That he out of mercy piety conscience and justice to his people not only restored it to them when collected and brought into his Exchequer without retaining one farthing of it but likewise for ever released it to them so that it was no more collected during his reign 7. That Taxes unjustly leavied upon the poor oppressed people are very pleasing and acceptable to the devill himself who claimes the money so collected for his own and that the Collectors and exacters of such Taxes though for the payment of Armies and Souldiers are really but the devils agents and instruments who will one day pay them their deserved wages 8. That heavy oppressions and taxes though for pretended publike necessities continued for many years together ought not onely to be eternally remitted but restored when collected by all conscientious pious righteous mercifull Saintlike Kings and Governours 9. That illegall heavy Taxes imposed by or for invading Usurpers if once submitted to and not strongly opposed by the generality of the people wil soon be claymed leavied as a customary early legall revennue both by the impos●rs and their successors and hardly be laid down and discontinued again for the peoples ease 10. That this tax of Danegeld amounting but to thirty eight or fourty thousand pounds in one whole year was in truth an heavy and intolerable burden and grievous oppression to the whole Nation fit to be abolished and released especially in times of dearth and scarcity Therefore certainly our late illegal taxes without authority of a free and legall Parliament amounting to 120. 90. or 60. 1000 li. monthly when lowest besids Excises Customes Imposts amounting to twice as much more must certainly be far more grievous intollerable to the Nation and so not onely to be remitted abandoned excluded but accounted for and restored to our exhausted oppressed Nation by all those Governours who pretend themselves saints of the highest forme and men ruling in the fear of God against whom this St. Edward the Confessor will rise up in judgement if they imitate not his just and Saintlike president therein All which considerations I recommend to their own and their Collecters Excisers sadest considerations to meditate seriously upon for the peoples ease William of Malmsburies records of this King Edward that he was in exactionibus vectigalium parcus quippe qui exactores execraretur Till we may be able really to record the like of our new Governours and Princes over us we shall never be either a free a peaceable or happy people not they worthy of the name of Saints or Confessors in any English Annals or Kalenders He addes That King Edward with the touch of his hand did miraculously cure sundry persons of the luxuriant humours and swellings about the neck commonly called the Kings Evill which cure in after ages some falsly ascribed non ex sanctitate sed ex regalis prosapiae haereditate ●●uxisse not to have issued from his sanct●tie but from his hereditary royall bloud If his sanctity in releasing and restoring the formentioned insupportable Tributes of Danegeld shall now cure the hereditary Kings and our new Republiques long continued evill and malady of intolerable Tributes Contributions and Excises in this Age we shall register it to posterity for as great a miracle as his first care of the evill Kings only by his touching of it with his royall sacred hand King Edward about the year 1047. calling out of Normandy certain Normans qui olim pauculis beneficiis inopiam Exulis suppleverant who had there releived and supplied his want during his exil to reward them for their benefits advanced them to places of extraordinary honour and trust about him amongst others he promoted Robert Gemeticensis a monk to the Bishoprick of London then to the Arch-bishoprick of Canterbury William to be his Chaplain first and afterwards Bishop of London and another to the Bishoprick of Dorchester which Jugulphus thus expresseth Rex autem Edwardus natus in Anglia sed Nutritus in Normania diutissime immoratus penè in Gallicum transierat adducens attrahens de Normānia plurimos quos variis dignitatibus promotos in immensum exaltabat Praecipuus inter eos erat Robertus Monachus c. Caepit ergò totâ terrâ sub rege sub aliis Normannis introductis Anglicos ritus diminui Francorū mores in multis imitari Gallicum idioma omnes Magnates in suis curiis tanquam magnum gentilitium loqui Chartas Chyrographa sua more Francium confici propriam consuetudinem in his in aliis multis erubescere Thereupon Earle Godwin and his Sons being men of high spirits auctores tutores regni Edvardi were very angry and discontented quod novos homines advenas sibi preferri viderent because they saw these new upstarts and strangers preferred before them yet they never uttered a high word against the King whom they had once advanced Upon this occasion Anno 1051 there arose great discords between the English and these Normans quod Angli aspernantèr ferant superiorem Normani nequeant pati parem Henry Huntingdon records That these Normnans accused Godwin and Swaine and Harold his Sonnes to the King that they went about to betray him wherupon the King calling them into question for it they refused to appear without hostages for their safety upon which the King banished them But William of Malmsbury Roger de Hoveden Matthew Westminster Florentius Wigorniensis Simeon Dunelmensis Bromton Hygden Henry de Knighton Fabram Graston Holmshed Speed and the General Stream of our Historians relating the businesse more fully make this the originall cause of the difference between them and of the Exile of Godwin and his Sons Eustace Earle of Boloyn who had wedded King Edwards Sister ariving at Dover in the moneth of September 1051. one of his Knights seeking lodging unjustly slew one of the Townsmen whereupon the Townsmen slew him The Earle and his followers being enraged thereat slew divers men and women of the Town and trode their children under their own horses feet The Burgesses upon this assembling togetherto resist them after a feirce Encounter put the Earle and his followers to flight slew eighteen or twenty of them in the pursute and wounded many more so that the Earle escaped only with one of his followers to the King then at Glocester where he grievously incensed the King against the Englishmen by reason of this tumult which he and his followers occasioned Whereupon Earle Godwin being much incensed at the slaughter of his men in the Burrowgh of Dover he and his sons assembled a great Armie out of all the Towns and Countries subject to them The King sending for Godwin to
occidendum non rati slew and cut off the heads of all his Servants and Courtiers as well English as Danes being above 200. on the North part of the river of Humber then breaking up his Treasury they took away-all his Treasures Horses Armes houshold-stuff and all things that were his The rumor whereof being brought to the King and the Country in an uproar almost all the Northumberlanders met together and elected constituted Morchar Earl Algarus son for their Earl in the place of Tosti who marched with them into Lincolnshire Nottinghamshire and Derbyshire wasted and pillaged those Counties slew many of the Inhabitants and carryed many thousands of them away captive leaving those Counties much impoverished many years after Hereupon Harold was sent against them to revenge those injuries to prevent further mischiefs and to mediate a reconciliation between them and Tosti Upon this the Northumberlanders met Harold first at Northampton and afterwards at Oxford and although they were more in number than he yet being desirous of quietness and peace they excused the fact unto him saying Se homines liberè natos liberè educatos nullius Ducis ferociam pati posse A majoribus didicisse aut Libertatem aut Mortem c. That they being men freely born freely educated could not suffer the cruelty of any Duke That they had learned of their ancestors either to enjoy Liberty or death Therefore if the King would have them his Subjects he must set another Earl over them even Morchar who had had experience how sweetly they knew to obey if they were sweetly handled But all of them unanimously refused any reconciliation at all with Tosti whom they Outlawed together with all those who had incited him to make an unjust Law and impose an illegal Tribute upon them Harold hearing these things and minding more the Peace of the Country than his brothers profit recalled his Army and the King having heard their answer confirmed Morchar for their Duke Tosti hateful to all men by the assistance of Earl Edwin was expelled out of England by the Northumberlanders and driven with his wife and children into Flanders whence returning about two years after and joyning with the Danes he entred with the Danes into Northumberland miserably harrowed the whole Country slaughtered the inhabitants and at last was there slain with most of his Souldiers by his own brother King Harold Anno 1066. King Edward as Abbot Ingulphus living in that age records Anno 1065. being burdened with old age perceiving Prince Edgar Atheling his Cosen Edwards son lately dead to be u●fit for the royal throne tam corde quam corpore as well in respect of minde as body and that Earl Godwins many and wicked progeny did daily increase upon the earth set his mind upon his Cosen William Duke of Normandy et eum sibi succedere in Regnum Angliae voce stabili sancivit and decreed by a stable vote that he should succeed him in the Realm os England For Duke William was then superiour in every battel and a triumpher against the King of France and his fame was publickly blazed abroad amongst all the Earls of Normandy who were next him being invincible in the exercise of Arms Iudex justissiu●us in causarum judicio a most just Judge in the judging of causes and most religious and most devout in the service of God Hereupon King Edward sent Robert Archbishop of Canterbury to him as his Legate a Latere or special Embassador illumque designatum sui regni Successorem tam debito cognationis quam merito virtutis suae Archipraesulis relatu insinuavit and intimated unto him by the relation of his Archbishop that he had designed him to be the Successor of his Realm as well by the debt of kinred as by the merit of Virtue Moreover Harold the Major of the Kings Court comming into Normandy not only swore that he would conserve the Kingdom of England for Duke William after the Kings death but likewise promised upon Oath that he would take the daughter of Duke William for his wife and upon these promises returned home magnificently rewarded After which he subjoins Edwardi piissimi Regis cujus cognatione et consanguinitate inclytus Rex noster Willelmus fundat conscientiam suam regnum Angliae invadendi caeteris Regibus de Danorum sanguine quasi nullius authoritatis ad allegandum interim intermissis William of Malmsbury who flourished in or near that very age thus seconds him After the death of Edward his son Edgar was Neque promptus menu neque probus ingenio Rex itaque defuncto cognato quia spes prioris erat soluta suffragii Willielmo comiti Normanniae successionem Angliae dedit Erat ille hoc munere dignus praestans animi juvenis qui in supremum fastigium alacri labore excreverat Praeterea proxime consanguineus filius Roberti filius Richardi seoundi quem fratrem fuisse Emmae matris Edwardi non semel est quod diximus Forunt quidam ipsum Haroldum a Rege in hoc Normanniam missum alii secretioris consilii conscii invitum venti violentia illuc actum quo se tueretur invenisse commentum quod quia propius vero videtur exponam Harold comming to his farm at Boseam going for his recreation into a fisher-boat and putting forth into the Sea in sport was by a sudden contrary storm arising driven with his companions into the Village of Ponthieu in France where he was stripped and bound hand and foot by the rude Country people and carried Prisoner to Guido their Earl who detained him in Prison to gain a ransom from him Whereupon Harold being of a subtil wit studying how to relieve himself by large promises procured a Messenger to inform Duke William that he was sent by the King into Normandy that what lesser Messengers had but muttered touching his Succession to the Crown of England he might perform by his presence especially that he was detained in bonds by Earl Guido wherby he was hindered to deliver his message notwithstanding his appeal to him which was a great diminution to his honor and if his captivity were to be redeemed with monie he would willingly give it to him and not to Guido Upon which he was by Duke Williams command released brought by Guido into Normandy and there nobly feasted by the Duke where by his valour and policy he gained great reputation with Duke William and that he might more indear himself in his favour he there voluntarily of his own accord confirmed to him the Castle of Dover which belonged to him of right and the Kingdom of England after King Edwards decease whereupon the Duke espoused him to his daughter Adeliza then a child and bestowed her whole ample portion upon Harold and then honourably dismissed him Matthew Westminster Anno 1057. relating this Story of Harolds driving into Ponthieu by storm against his will as hapning in that year and that to ingratiate himself with Duke William
regnum fecerat sibi super hoc poste● secundum quos dam solemnes nuncios ut praemit●…ur destinaverat non obstante Abbot Ailred thus registers Harolds usurpation and the sad events thereof Interea Haroldus Godwini filius Regnum Angliae quod secundum fidem Sacramenti debuerat servasse Willielmo Regis Edmundi consobrino ●ibi nec Iure debitum nec Natura ●rreverenter usurpans malum quod Angliae secundum Sancti Regis oraculum Dominus praeparaverat transgressione pacti et ●●dei acceleravit laesione Ut autem attenuati viribus facilius ab hiis quos injustè provocavera● hostibus vinceretur sus●i●avit ei a parte aquilonis inimicos Haroldum cognomento Harfar Norwagenorum regem et Tostium fratremsum quem de Anglia ipse expulerat c. p Tho. Walsingham thus stories it Cujus regnum Haroldus continuo invasit ex fidelitate pejuratus quam Duci juraverat Ad quem Legatos direxit protinus hortans ut ab hac vesania resipisceret et fidem quam juramento sposponderat cum digna subjectione servaret Sed ille hoc non solum audire contempsit verum omnem ab illo Anglorum gentem infideliter avertit Hygden in his Polychronicon l. 6. c. 28. Mr John Fox Acts and Monuments Vol. 1. p. 214. Mr. Cambden in his Britannia p 145 146. Holinshed Sir John Hayward Sir Richard Baker affirm the like and incline to this opinion That Harold by his might power craft policy usurped and invaded the Crown without any right against his Oath I shall summ up all their Opinions in the words of Iohn Speed After King Edwards death the Statesmen perplexed for choice of a new Edgar Athelings title was worthy more respect than it found for him they held too young for government besides a stranger born scarce speaking English and withall the prophecies of Edward touching the alienation of the Crown the interest of the Danes and the claim of Duke William made both by gift and consanguinity bred great distractions of desires and opinions but nothing concluded for setling the State no man assuming or possessing the diadem because none had the power or right to adorn therewith his own head In this calm conference a sudden gale arose which blew all the sails spred for that wind into one port Harold son to Earl Godwin a man duly prizing his many worthy parts not unmeet for a Kingdom next Edward his Brorher-in-law in the kingdom courteous in speech and behaviour in martial prowesse the only man qui vivente Edwardo quaecunque contra eum bella incensa sunt virtute sua compressit cupiens se Provincialibns ostentare in regnum scilicet spe prurienti anhelans as Malmsbury writes of him friended by affinity of many of the Nobles expected to be both sided and assisted if his cause came either to trial or voice seeing the time well fitted his entrance Swane King of Denmark most dreaded by the English being then intangled with the Sweden wars William the Norman that made claim from King Edward then absent and at variance with Philip the French King the friends of Edgar in Hungary and himself a Stranger over young for to rule all which concurrent made Harold without deliberation or order from the States to set the Crown on his own head regardlesse of all ceremony and solemn celebration for which act as a violater of holy rites he too too-much offended the Clergy none either greatly applauding or disapproving his presumption except only for the omission of manner and form Harold having gotten actual possession of the Crown Marianus Scotus Florentius Wigorniensis Huntindon Hoveden Sim. Dunelmensis Radulphus de Diceto Hygden Fabian Grafton Holinshed Cambden and Speed record that to ingratiate himself with the Clergy people He began to destroy evil Laws and Customs before used and stablished just and good Laws especially such as were for the defence of holy Church He likewise became a Patron of Churches and Monasteries respected and reverenced Bishops Abbots Monks and Clergymen shewed himself pious humble affable to all good men and hatefull to all Malefactors publickly commanding all his Dukes Earls Sheriffs and other Officers to apprehend all Thieves Robbers and Disturbers of the Realm himself likewise taking extraordinary paines and care for the defence and guarding of the Realm both by Land and Sea Whereunto John Speed superadds He remitted or diminished the grievous customs and Tribute which his Predecessors had raised a course ever powerfull to win the hearts of the Commons to Churchmen he was very munificent and carefull of their advancement and to grow more deeply in their venerable esteem he repaired their Monasteries especially that at Waltham which he sumptuously new built and richly endowed Moreover to satisfie such Nobles as affected young Edgar he created him Earl of Oxford and held him in special favour In brief unto the poor his hand was ever open unto the oppressed he administred Justice and all to hold that Crown upright which he had set on his own head with an unsure hand and deprived him of unto whom he was Protector But these Encomiums of his Justice and Government seem to me to be rather forged than real For how could he reform ill Laws and Customs and enact good Laws when King Edward had so newly and exactly done it before him that there was no need of such a reformation neither finde we the least mention of any Laws made by Harold Or how could he remit or diminish those grievous customs and Tributes which King Edward had totally remitted before him unless himself first revived them Or how could he court the Prelates and Clergy when as he refused to be consecrated by them for which he incurred their disfavour I rather therefore incline to the quite contrary Characters which other Historians give of him and his Government as most consonant to truth Henry de Knyghton though he recites what some forementioned write in his favour yet gives us this account of his proceedings himself Iste devenit nimis e latus et cupidus in collectione auri et argenti et thesaurorum nec aliquam uxorem ducere voluit vi oppressit filias Baronum Procerum atque Militum de regno quod ipsi aegrè ferebant Et de Forestis suis tantam ferocitatē severitatem erga adjacentes Nobiliores exercuit quod quamplures adnih●lavit et multos depaup●ravit Nec mirum quamvis ex hiis et aliis nimis odiosus devenit populis suis Et ideo pars Comitum et Baronum ad invicem conferebant decentes ipsum non esse fortunae deditum nec verum esse Regem sed per intrusionem erectum et ideo infauste regere populum suum Et mandaverunt Willielmo Duci Normanniae ut in Angliam venir et eorum Consilio et Auxilio Ius Regni prosecuturus feceruntque ei fidelem securitatem veniendi et consensit And Matthew Westminster gives us
battel in a tumultuous manner were routed by them many of them being slain in the field and the rest inforced to fly into York for shelter which the Enemies besieging was presently surrendred up to them and hostages delivered them after the slaughter of many Citizens Nobles and Clergy-men Upon this King Harold recollecting his disbanded Army and Navy marched with all speed towards York against the Danes Norwegeans and his brother Tosti but coming to Hamford Bridge one valiant Dane with his Battle Axe slew 40 of his men and made good the Bridge against the whole Army for a long space till at last some going under the Bridge in a Boat slew him with a spear Both Armies joyning battel after a long and bloudy fight Harfager and Tosti with may other of Note were slain their whole Army routed all their Ships taken with the loss of many of the bravest English Souldiers and 20 of their Ships only permitted to depart into Denmark with their wounded men and Olaus Harfagers Son who to save his life took an Oath never from thenceforth to attempt any hostility or invasion against the English This victory Abbot Ailred a ascribes to the merits of Edward the Confessor who promised to be the Captain and Protector of the English Nation against those Enemies who invaded the Realm contrary to right and Law and promised them the victory over them But Harold ascribing it to his own valour instead of rewarding his Souldiers with the spoils of the vanquished enemies as the price of their bloud out of a base unworthy a varice converted all the spoils and booty to his own private use giving no part of them to any other Wherewith many of the Nobles and common Souldiers were so incensed that detesting the covetousness of their Prince they unanimously departed from his service and refused to march with him against the Normans This triumphant victory so puffed up Harold that he thought himself secure in the Throne beyond the fear or reach of any adversity and instead of a King became a TYRANT Whilst Harold with all his Land and Sea forces were thus busied in the North of England Duke VVilliam in August assembled all his Land Army and Navy consisting of 900 ships at the Port of S. Valerie to invade England in the South then wholly destitute of all Guards by Land and Navy by Sea to resist his landing And to satissie his Souldiers and all others of the justice of his undertaking he alleged these three causes thereof which Henry de Knyghton devides into four The first was to revenge the cruel murther of his Cousin Prince Alfred King Edmunds brother and of the Normans who came with him to assist him to recover the Crown of England to which he was right heir whom Godwin and his Sons had shamefully dishonoured treacherously betrayed and barbarously murdered which fact he ascribed principally to Harold The second was because Godwin and his Sons by their cunning had injuriously banished Robert Arch-bishop of Canterbury Earl Odo and all the French and Normans out of England which wrong he would revenge on Harold as done principally by his means and labour The third and chief ground was because Harold falling headlong into perjury had without any right usurped the Crown and Realm of England which of due belonged unto him both by right of Kinred to and gift by King Edward his Nephew and by Harolds own solemn Oath and promise made to him in Normandy to preserve the Kingdom for his use after King Edwards death without children according to King Edwards command While Duke William with his ships and Army lay many days together at S. Valerie expecting a fair gale for England the winds being cross many of the common souldiers there lying in Tents thus muttered one to another That the man was mad who would by force invade and make another mans Country and Realm his own That God did fight against them in withdrawing the winds That his Father attempted the same thing in the same manner and was hindered and inhibited therein That it was fatal to his family that aspiring to things above their power they should find God opposite to them These speeches bruted abroad which might enfeeble the strength and abate the courage even of valiant men The Duke thereupon taking Counsel with his Senators caused the Corps of St. Valerie to be brought forth to procure a wind presently a prosperous gale filling their sayles the Duke himself first took ship and launched forth and all the rest after him then casting Anchor till the Flee● came round about him they all sailing with a gentle course landed at Hastings and Pevemsy The Duke stepping forth of the ship upon the shore one of his feet slipped so that he fell down into the mud one of his hands being filled with sand whch he interpreted as an ill omen and sinister event But one of his Souldiers who stood next him lifting him up from his fall whiles he held the mud in his hand changed this event into a better interpretation saying Most happy Duke thou already possessest England and plowest it up Behold the land is in thy hand Lift up thy self with good hope thou sha't be King of England ere long No sooner was the Army landed m but the King strictly charged them to forbear plundering and take no booties seeing they ought to spare the things that should be his own nor to wrong any of their persons who should ere long become his Subjects Richard Vestegan records out of a French Historian that Duke VVilliam the same day he landed in England caused divers of his chief Officers and Friends to dine with him and chancing at dinner to talk of an Astrologer who by the conjunction of the Planets had assured him at St. Valerie That Harold should never withstand him but submit himself unto him and yeeld him faith and homage willed now that the said Astrologer should be brought unto him whom he had caused to be imbarqued for that voyage But it was told him that the Ship wherein the said Astrologer sailed was cast away at Sea and he drowned in it Where unto the Duke replyed That man was not wise who had more regard to the good or ●ll fortune of another than unto his own I am now thanks be to God come over I know not how the rest will succeed How false this Star-gazers prediction proved the sequel will manifest Duke VVilliam after his arrival rested quietly 15. days without acting any thing as if he minded nothing less than war After which to cut off all occasion or hopes of return from his Souldiets he fired all his ships or as some write drew them all a shore and intrenched them as others erecting only a Castle on the shore for a retiring place for his Souldiers if need were From Pevensy he marched to Hastings where he built another Fort. Henry de Knyghton records that the first
with violent terms and menaces to depart his kingdom By which he whetted the minds of the Normans to fight and gave them hopes of Victory by his Injustice After which both Armies provided to give battel the next morning being Harolds birth-day 4 October 1066. his Souldiers as men whose Heads were sure to be crowned with lawrels of Victory spent the whole night in licentious revels riot drunkennesse clamours shouts but the Normans more Christianly and seriously demeaning themselves spent it in confessions of their sins prayers and Vowes to God for victorious successe No sooner did the morning appear but the Norman Army was prepared for battel Then Duke William making an elegant oration to them minded them of the extraordinary valour the manifold victories and conquests of their ancestors and themselves which he exhorted them now to second concluding his Speech with this exhortation To avenge the ●injury of Harold and the treachery of him and the English in murdering Prince Alfred and the Noble Normans who accompanyed him Nonne pude● Regem Haroldam contra me in praesentia vestri perjuram faciem suam vobis ostendere ausum fuisse Mihi tamen stupor est Quod eos qui parentes vestros cum Alfrido cognato meo proditione nefanda excapitaverunt oculis vestris vidistis et eorum capita adhuc humeris eorum supersin● Erigite vexilla viri nec sit irae promeritae modus vel modestia Ab oriente ad occidente videatur fulmen gloriae vestrae audiatur tonitrum impetus vestri Vindicesque generosissimi sanguinis At which words all the Normans were so incensed against the English that they left their Duke alone speaking to himself before he had ended his Speech and presently charged the English with unspeakable violence before the third part of their army could be set in battel array as Wigorniensis Sim. Dunelmensis Radulphus de Diceto Hoveden Bromton and others write One Taillefer running before the rest slew three English Ensigns one after another and then was slain himself before the rest of the Souldiers encountred The English by reason of the narrownesse of the place were unable to bring up above one third part of their men to fight in an orderly manner For which cause and out of hatred to Harold many of them deserted both the field and him and very few continued with him with a constant heart Yet the battel was so manfully fought by Harold and the English remaining with him with various successe sometimes one side prevailing sometimes the other that it continued from the third hour of the day even till dark night The English stood so thick and close together and fought so valiantly that the Norman assailants could no waies break their array and were upon the point to recoyl Which William perceiving politickly sounded a Retreat the Normans retiring in good order the English supposing them to flie and themselves to be Masters of the field thereupon began disorderly to pursue them breaking their ranks and files but on a sudden the Normans having their wished opportunity charged them afresh being scattered and disordered so as they were not able to recover their battel and so were beaten down and flain on every side none of them by flight seeking to escape the field but to maintain their honour in arms chusing rather manfully to dye fighting in the cause and defence of their Country than to forsake their Kings Standard Who performing the Office both of an expert Commander and valiant Souldier all the day after many wounds received and fighting very manfully was at last slain with an arrow shot through his brain in at his left eye and falling dead from his horse to the ground was slain under his own Standard when he had reigned only 9. Moneths and S. dayes and his two Brothers Girth and Leofwin with most of the English Nobility Gentry there present were slain together with him Upon Harolds death most of the common mercenary Souldiers fled being without that head for whom they fought and were pursued and slain by the Normans till night Sed generosi malentes mori quam probrose fugere videntes exhaeredationem suam imminere et jugum intolerabile donec nox certamen divideret in certamine immota pectora praebentes prestiterunt pulchram mortem pro patria ultione meruere Some of our Historians write that there were slain of the English in this battel no lesse than sixty thousand nine hundred twenty four men which could not be if Harolds Army were so small as some report it the Normans losing not above six thousand in the fight Eadmerus Roger de Hoveden Simeon Dunelmensis Radulphus de Diceto Bromton and others ascribe this Victory only to a divine Miracle and Gods Justice upon Harold for his detestable perjury from the Testimony of the French who were present in it De ho● praelio testantur adhuc Franci qui intersuerunt quoniam licet varius casus hino inde extiterit tamen tanta strages et fuga Normannorum fuit ut victoria quâ potiti sunt vero et absque dubio soli miraculo Dei ascribenda sit qui puniendo per hanc iniquum perjurii scelus Haroldi ostendit se non domiuum esse volentem iniquitatem Which Abbot Ailred thus seconds Gulielmus Dei judicio to which Harold appealed ipsum Haroldum Regno sim●l et vita privavit for invading the Crown against right and his Oath belonging to William jure consanguinitatis antiquae inter ipsum et Edwardum conventionis The most of our Historians do the like Thomas of Walsingham imputes the great slaughter of the English in this battel by the Normans as a just Judgement of God upon them for their treacherous murder of Prince Alfred and the Normans that came with him Referuntur illo conflictu pugnae multa millia Anglorum corruisse Christo illis vicem reddente ob Aluredi fratris Edwardi Regis necem ab eis injuste perpetratus With whom Mr. John Fox concurrs in his forecited passage and Duke Williams Speech to his Souldiers before the battel implies as much he making it the chief ground of his invading England This battel writes Abbot Ailred Anglicae Libertati finem dedit initium Servituti to which Malmsbury subjoyns Illa dies fuit fatalis Anglis funestum excidium dulcis patriae pro novorum dominorum commutatione Hanc autem regni sub versionem sanguinis redundantis effusionem cometa ingens sanguinea at que crinita in exordio illius anni apparens minaci fulgore praesignavit unde quidam Anno mille simo sexageno quoque seno Anglorum metae flammas sensère Cometae Quod Regni mutationem magnam populi Stragem multam ter●●e miseriam portendit Ut enim Philosophi dicunt quo dirigit ●rinem illic diriget et discrimen● as Abbot Ingulphus Mat. Westminster Matthew Paris Huntindon Hoveden Wigorniensis Simeon Dunelmensis Hygden Knyghton and