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cause_n	justice_n	king_n	law_n	4,449	5	4.8812	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56172	Historiarchos, or, The exact recorder being the most faithfull remembrancer of the most remarkable transactions of estate and of all the English lawes ... : as most elabourately they are collected ... out of the antiquities of the Saxon and Danish kings, unto the coronation of William the Conqueror, and continued unto the present government of Richard, now Lord Protector / by William Prynne, Esquire ...; Seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all English freemen. Part 3	Prynne, William, 1600-1669.; Prynne, William, 1600-1669. Seasonable, legal, and historical vindication.	1659 (1659)	Wing P3974; ESTC R14832	281,609	400

a cruel death who gave him this ill advice and to pacifie his Brothers ●host and his own Conscience built two new Monasteries at Middleton and Michelresse and there was scarce any old Monastery in England which he adorned not either with buildings or Ornaments or Books or Land● to exp●ate this his bloody crime In this king Aethelstans reign In the year 927. There were fiery Beams and Meteors seen throughout all the Northern parts of England soon after which Athelstan resolved utterly to extirpate the perfidious Nation of the Danes and treacherous Scots which had violated their Agreement made with his Father whereupon he marched with a great Army by Land and Navy by Sea into Northumberland and Scotland wasted and harrowed the Country without resistance forced Guithfrith King of Northumberland out of his kingdom uniting it to his own Realm vanquished and overcame Howel king of Wales Constantine king of Scots Anlafe the Dane and others in a set battel drove them out of their Realms and forced them to submit to him Who upon their submission knowing the chance of war to be variable and pitying the Cases of these down-cast Princes restor'd them presently to their former estates with this Princely Speech That it was more honour to make a King than to be a King yet these petty Kings Princes rebelling afterwards siding with Anlafe against him were all rou●ed by Athelstan● King Constantine of Scotland with five more of these Kings 12 Dukes and most of their Army slain in one battel principally by the valor of Turketulus and the Londoners An. 837 Whereupon the petty Kings of Wales contracted to pay him a yearly tribute of 20 pound weight of Gold and 300 of Silver and 25000 head of Cattel with a certain number of Hawks and Hounds which no King of England ever exacted or received from them before William of Malmes●ury who exceeds in his praises writes that it was truly reported of him amongst the English Quod nemo Legalius vel literatius rempublicam administraverit That no king governed the Commo●we●l●h more legally or learnedly than he being as Ingulphus records guided and directed by Turketulus his Chancellour a man of great integrity honesty and piety of prof●und judgement whose decrees upon debate were irrefrag●ble This king Athelstan for the better administration of Jus●ice enacted sundry excellent civil and ecclesias●ical Laws recorded in Bromt. Lamb. Spelm. The first of these his Laws were made and enacted in the famous ●oun●il of Grately about the year 928 in which the king himself Wulfehelm Archbishop of Cante●bury and the rest of the Bishops and all the Nobles and Wisemen which King Ethelstan could assemble were present who all ordained and confirmed these Laws in this great Council as the last Chapter 〈◊〉 in●orms us in ●hese words Totum hoc institutum est et confirmatum In magno Synodo apud Grateleyam cui Archiepi●cop●● 〈…〉 et omnes Optimates et Sapientes quos Adelstanus Rex potuit Congregare Or Cum●● Optimates et Sapientes ab Aethe●●tano evoca●● frequentissimi as another Copy renders it● which proves that all the Members of this Council were summoned to it by this kings writ and not elected by the peoples suf●rages And although the Archbishops Bishops and other Clergy men were the chief advisers of the Ecclesiastical L●ws made in this Council as this Prologue to them attests Ego Aethelstanus Rex ex prudenti ●l●●elmae Archiepiscopi aliorumque Episcoporum et Servorum Dei consilio mando yet they were all enacted and confirmed by all the Nobles and Wisemen in the Council as the premises evidence In this Council the king commanded● by his Laws all his Officers that they should demand and exact from his Subjects such things and duties only as they might justly and lawfully receive adding this memorable reason for it Nunquam enim erit populo bene consultum nec digne Deo conser●abitur ubi Lucrum impium et magis falsum diligitur Ideo ●e●ent omnes amici Dei quo● miquum en enervare quod ●ustum est elevare non pa●i ut prop●er falsum et pecuniae quaestum se forisfaciant homines er●●●ere ●apientem Deum cui displicet omnis injustitia Which I wish all our unrighteous covetous ●●x-ma●●ers Excisers and Exacters would now seriously consider Af●er which it follows Chris●ianis autem omnibus neces●arium est ut rectum diligant ut iniqua condemnent et saltem sacris Ordinibus erecti justum semper erigant et prava deponant Hinc debent Episcopi cum saeculi Judicibus interesse Judiciis ne permittant si possint ut illinc aliqua pravitatum germina pullulaverint And to avoid all arbitrary proceedings oppressions and Injustice in all things this Council by positive Laws ascertains all fines amerciaments imprisonments and corporal punishments for criminal offences from which the Iudges might not vary And withall defines what Armes every man should ●ind in those times of war against the Danes and other Enemies by his positive Law Lex 21. Sax. 16. Omnis homo habebit duos homines cum bonis equis de omni Carucâ King Ethelstane after this Council at Grately what years is not expressed assembled several other Parliamentary Councils at Exeter Fevresham and Thunderfeld wherein he and his Wisemen by common consent confirmed the Laws made at Grately altering some of them in certain particulars and adding some new Laws unto them as you may read at large in Brom●on and as the first Chap●er and this Prologue to those Laws assure us ` Haec sunt Judicia quae Sapientes Exon●ae consilio Adelstani Regis instituerunt iterum 〈◊〉 Fevresham ● et tertia vice apud Thundresfeldiam ubi hoc definitum simul et confi●matum est et hoc imprimis est ut observentur om●ia Judicia quae apud Gratel●yam imposita fuerint praeter mercatum Civitatis et Diei Dominicae The Cause of making these new Laws and confirming the old was a Complaint to the King in the Council at Exeter that the Peace and Laws made at Grateley were not so well kept as they should be and that 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 omnino quando velim cum seipsis uxoribus pecunia omni re suâ ire quo tunc voluero nisi malefactores requiescant eo tenore quo nunquam deinceps in patriam istam redeant c. In the Council of Fevresham in Kent the King by some of his Wise-Counsellors sent thither to it propounded some things for the weal

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 nostrae decim● ad quam valdè cupidi sumus voluntarii tibi supplices gra●ias agimus admonitionis tuae Secundum est de pace nos●r● quam omnis popul●s teneri desiderat sicut apud Grateleyam Sapientes tui posuerunt et sicut etiam nunc dictum est in Concilio apud Fefresham Tertium est quod gratian● omnes misericorditur Hermerum dominum suum ●e dono quod forisfactis hominibus concessi●●i hoc est quod pardonatur omnibus forisfactura de quoc●nque furto quod antè Concilium de Fefresh●m 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 teneat homines suos in fide 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 fide jussione Et si Dominus vel praepositus vel aliquis hoc ins●ringat 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 vel nimis vel minus ut hoc emendare Iubeas 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 Iustices 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 mitigation at Thithamberig of what the King thought over-severe in putting to dea●h those who were above 12 years of Age for 12 d. value as these passages attest declaring the proceedings of that Parliamentary Council Hoc consultum est quod Episcopi et praepositi qui Londoniensi Curiae pertinent edixerunt jurejurando confirmaverunt in suo Fridgildo Comites villani in adjectione judiciorum quae apud Grateleyam Exoniam instituta sunt iterum apud Thundresfeldam Cap. 1. Et est imprimis haec non parcatur alicui latroni supra 12 Annos et supra 12 d. de quo verè fuerit inquisitum quod reus sit quin occidatur capiatur omne quod habet c. Cap 14. Nec tacendum est vel praetereundum si dominus noster vel praepositorum nostrorum aliquis ullum Augmentum excogitare possit ad nostrum Fridgildum ut hoc gratanter excipiamus sicut nobis omnibus convenit nostrum necesse sit in Deo confidimus et regni nostri Domino Cap. 15. Si totum hoc ita complere volumus res totius populi meliorabitur contra fures quam an●e● fuit si remissius egerimus de pace vadiis quae simul dedimus quam Rex nobis praecipit timere possumus vel magis scire quod fures isti regnabunt plus quam antè fecerunt si fidem teneamus et pacem sicut domino nostro placeat quia magnum opus est ut insistamus et peragamus quo● ipse velit et si amplius praecipiat cum omni jocunditate et devotione parati sumus Cap. 17. Item quod Sapientes omnes dederunt vadium suum insimul Archiepiscopo apud Thundresfeldam quando Ealpheagus Scyb et Brithnodus Odonis ●ilius veneruut ad Concilium ex ore Regis ut omnis praepositus vadium capiat in suo comitatu de pace servandâ sicut Adelstanus Rex apud Fefresham et quartâ vice apud Thundresfeldam coram Archiepiscopo et Episcopis et Sapientibus quas ipse Rex nominavit qui interfuerunt et judicia conservaverunt Quae in hoc Concilio fuerunt instituta c. Cap. 18. Item quod Adelstanus Rex praecepit Episcopis suis et praepositis omnibus in toto Regno suo ut pacem ita custodiant sicut recitavit et Sapientes sui Cap. 19. Item Rex dixit nunc iterum apud Thitlan●birig Sapientibus suis et praecepit ostendi Atchiepiscopo et caeteris Episcopis quod ei miserabile videtur quod aliquis tàm juvenis occidatur vel pro tàm parvâ re sicut innotuit ei quod ubique fiebat dixit itaque Quod ei videbatur et eis cum quibus hoc egerat ne aliquis occidatur junior quam quindecim Annorum nisi se defendere velit vel aufugere et in manus ire velit ut tunc deducatur sir major sit minor qualiscunque sit si se dederit ponatur in Carcere sicut apud Greateleyam dictum est et per idem redimatur c. Praecepit Rex ne aliquis occidatur pro minori precio quam 12 d. nisi fugiat vel repugnet ne dubitetur tunc licet minus Si haec ita conservemus in Domino Deo

goodliest Souldiers he could select and of such Captains and Commanders as both in the Army and elsewhere seemed all of them to be rather Kings than Nobles And to set the better colour upon his pretended enterprise he sent to Pope Alexander acquainting him with the justice of his cause and the war he had undertaken his Embassadours setting them forth with all the strength of eloquence which Harold neglected to doe either through sloathfullness or diffidence of his Title or for fear William who strictly watched at Ports should intercept his Messengers The Pope having weighed the Ti●le of both parties sent a consecrated Banner to William as an Omen of his right to the kingdom and good success taken in the enterprise Which having received Conventum magnum Procerum apud Lislibonam fecit super negotium singulorum sententias scissitatus Duke William called a Great Council of Nobles at Lill●bon demanding every one of their opinions concerning this business Cumque omnes ejus voluntatem plausibus excipientes magnificis promissis animassent Commeatum Navium omnibus pro qnantitate possesionum indixit Henry Huntindon Hygden Radulphus de Diceto Speed Daniel and others relate That the Lords of Normandie in this great Parliamentary Assembly taking Counsel amongst themselves what was best to be done in this expedition VVilliam Fitz-Osbert counselled to leave and forsake the war both for scarcity of ●ighting men and by reason of the strength valour fierceness and cruelty of the Enemies Whereof the other Lords being glad put their answer into his mouth resolving they would all consent to what he should say Who comming before the King said That he and all his men were ready and devoted to assist him in that enterprise and so were all the other Lords Whereupon all the Nobles of Normandy being thus unexpectedly surprized and bound by his words and promise provided themselves for the expedition In this Assembly of the Norman States a subsidy being propounded as the sinews to carry on this great undertaking it was answered That a former war with the French had impoverished much of their wealth That if new wars were now raised and therein their substance spent to gain other parts it would be there so missed as it would hardly be sufficient to defend their own That they thought it more safe for him to hold what he had than with hazard of their own to invade the territories of others That though the war intended were just yet it was not necessary but exceeding dangerous Besides by their allegiance they were not bound to mil●tary services in forein parts● and therefore no payments could be assessed upon them Whereupon the wealthiest of all the people were sent for by the Duke and severally one by one conferred with shewing them his right and hopes of England where preferments lay even for the meanest of them only money was the want which they might spare ●either should that be given but lent upon a plentifull increase With which words he drew them so on that they strove who should give most and by this means he ga●hered such a masse of money as was sufficient to defray the war Besides Fitz Osburne promi●ed to furnish 40 ships at his own charge the Bishop of Bayon 40. the Bishop of Mau● 30. and so others accordingly beyond their abilities And divers neighbour Princes upon promises of fair possessions in England assisted him both with Ships and Souldiers On the other side Harold to prevent his and the Danes invasions who likewise laid Title to the Crown provided ships and forces to oppose them both by Sea and Land and repairing to the Port of Sandwich appointed his Navy to meet him there which being there assembled he failed with it to the Isle of VVight and there watched the coming of VVilliam into England with his Army all the Summer and Autumn placing likewise his Lan● forces of Foot in fitting places about the Sea coasts But at last the victuals of the Navy and land Army being spent they both returned home about the Feast of St. Mary Soon after Divine Providence to make the easier and speedier way for Harolds overthrow stirred up his own Brother Tosti the banished Earl of Northumberland to recover his Earldom and avenge himself of Harold who exiled him some think by Duke VVilliams advice they marrying two Sisters Who coming with 60 some write 40 ships out of Flanders forced Taxes and Tribute out of the Isle of VVight took booties and Mariners to serve in his Navy on the Sea coasts of Kent whence he hoising ●ail fell ●oul on Lincolnshire where Morcar and Edwin Earls of Chester and Yorkeshire incountring him with their forces by Land and Harolds Navy by Sea with some loss of their men routed and drove him from thence into Scotland Where after some stay Harold Harfager King of Denmark after his conquest of the Orcades by Tosti his solicitation came into the River of Tine with 300. others write 500 ships where they both united their forces intending to subdue and conquer England then landing their Souldiers in Northumberland they wasted and spoiled the Country where ever they came Whereupon Earl Morcar and Earl Edwin with the inhabitants of the Country raised all the forces they could against them and giving them 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 ●lew 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 O●aus Harfagers Son who to save his life took an Oath never from thence forth to attempt any hostility or invasion against the English This victory Abbot Ailred 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 avarice 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 depar●ed from his service and refused to march wi●h 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 bu●ied 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 satisfie 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 Archbishop 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 Fleet 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 shalt be King of England ere long No sooner was the Army landed but the King strictly charged them to forbear plu●dering 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 an● he drowned in it Whereunto the Duke replyed That man was not wise who had more regard ●o the good or ill 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 Souldie●s 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 night he lodged in England in his Pavillion there came a voice unto him saying William William be thou a good man because thou shalt obtain the Crown of the Realm and shalt be King of England and when thou shalt vanquish the enemy cause a Church to be built in the same place in my name so many hundred foot in length as in number of years the seed of thy bloud shall possess the Government of the Realm of England and reign in England an 150. years But Matthew Westminster writes this voice was after the battel with Harold not before it and the subsequent words in Knyghton touching his march to London import as much Harold residing in the North after his great victory there when he deemed all his Enemies totally broken in pieces received certain intelligence that Duke William was safely arived at Pevensey with his Fleet and an inn●merable company of valiant Horsemen Slingers Archers and Footmen whom he had hired out of all France Whereupon he presently marched with his army in great haste towards London and although he well knew that most of the valiant men in all England were slain in the two late Battels against Tosti and the Danes that many of the Nobility and Common Souldiers had quite deserted him refusing to march with him in that necssity because he permitted them not to share with him in the great booties they had won with their bloud and that half his Army w●re not come together● yet he resolved forthwith to march into Sussex against the Enemy and fight them with those small forces tired he then had being most of them Mercenaries and Stipendiaries except those English Noblemen Gentl●men and Freemen who

victoribus suis participarunt de caeter is in ●orum mores transeuntes Sed haec mala de omnibus generaliter Anglis dicta intelligi nolim Scio clericos multos tunc temporis simplici via semitam sanctitatis trivisse Scio multos Laicos omnis generis conditionis in hae eadem gente Deo placuisse facessat ab hac relatione invidia non cunctos pariter h●c involvat calumnia Verum sicut in tranquillitate malos cum bo●is fovet plaerumque Dei sereni●as ita in captivitate bon●s cum malis no●nunquam ejusdem constringit sev●ritas I have insisted more largely upon the Historical part of Harolds usurpation perjury short and troublesom reign tragical death Duke W●lliams claims to and manner of acquiring the Crown of England for this reason especially To refute the common received Error of some ignorant Historians of many illiterate Statists and Swordmen of this age and of fundry temporizing Ignoramusses of my own robe who publickly averr in their Pamphlets Speeches Charges and Discourses that Duke William claimed and obtained the Crown of England only as a Conqueror and thereupon altered the antient Laws Customs of the Realm and gave New Laws unto it by his own absolute power as a Conqueror thereof Upon which false Ground they inferre That those in late and present Power coming in by the same Title of Conquest may lawfully give new Laws to impose what Taxes Government they please upon the English as well as Scotish and Irish as a meer conquered Nation by their own inherent authority seeing by the Laws of Warr regularly all Rights and Laws of the place and Nation conquered be wholly subject to the Conquerors will And hereby they justifie all their late Impositions Taxes Excises Sequestration Seisures Sales of all the publike revenues of the Nation and many thousand private mens Estates by their Westminster and White-Hall Ordinances Edicts with the changes of our Government new-modellings of our Parliaments and all other irregular proceedings destructive to our Fundamental Rights Laws Liberties Government which they formerly covenanted inviolably to maintain without grant or consent by any free full lawfull English Parliaments Now to demolish all these their superstructures by subverting their ●alse Foundation of D. Williams pretended Title to the Crown of England only by Conquest It is most apparent by the premised Historical Authorities 1. That King William alwayes claimed the Crown of England both before at and after his Coronation as of right belonging to him by the promise gift contract gift and bequest of Edward the Confessor and as his heir and next kinsman by the Mothers side 2. That he alleged this gift and grant of the Crown to him to be made with the consent of the Archbishops of Canterbury Earls Godwin Syward and other Nobles of the Realm ratified by special Messengers sent unto and Hostages delivered him for its performance and by Har●lds own solemn agreement and Oath sent to him by King Edward for that purpose as himself at least suggested to him which designation and grant of King Edward to William was no fiction but a truth confessed by all our Historians and Harold himself who by his answers never denyed but only endeavoured to evade it and voluntarily acknowledged by all the Nobles of England both at his Coronation and in Parliament it self in the 4. year of his reign 3. That after King Edwards decease divers of the Nobles would have elected William King in pursuance hereof but that Harold perjuriously usurped the Crown by meer force and power without the least right unto it or any election by the Lords or people setting the Crown on his own head the very day King Edward was interred and thereby prevented Williams election to it 4. That hereupon divers of the Nobles Prelates and other English sent private Messengers to William into Normandy to come and demand his right to the Crown as due unto him promising hostages and their assistance to recover it 5. That thereupon he sent Embassadors twice or thrice to Harold one after another before his landing insisting on his meer right and Title to the Crown to gain it by parly without effusion of bloud 6. That upon Harolds obstinacy he appealed to the Pope and to all his Nobles assembled in a Parliamentary Council for the justice of his Title and Right to the Crown who declared his Title Lawfull and Just and thereupon encouraged assisted him all they could to regain it by force of arms from the Usurper Harold who would not otherwise depart from it 7. That immediately after his landing he made claim unto it only by the foresaid Right Title and thereupon prohibited his Souldiers to plunder the Country or hurt any of the Inhabitants as being his by right 8. That very few of the English Nobility or Nation would march or engage with Harold against William and sundry withdrew themselves from the battel as conscious of Harolds usurpation perjury and Williams just cause against him however other causes were then pretended and amongst the rest his own brother-in-Brother-in-laws the greatest Peers of the Realm Earl Morcar and Edwin deserted him in the fight 9. That after the first battel won and Harold slain all the Prelates and Clergy generally except Abbot Frederick appeared for him and would not consent to set up Edgar though right heir 10. That after good deliberation all the Nobles Prelates Lo●doners and others who first appeared for Edgar with the greatest p●rt of the Clergy people of the English Nation without the least fight or resistance or before any siege or summons from him together with Prince Edgar himself voluntarily went out and submitted themselves sware faith and allegeance to him as their Soveraign at Berkhamsted and after that joyfully received him with highest acclamations as their lawfull King at his entry into London 11. That all the Prelates Clergy and Nobility soon after without any coercion upon his foresaid right and Title freely elected and solemnly crowned him as their lawfull King in a due and accustomed manner and then did Homage and swore new Allegiance afresh unto him as their rightful Soveraign 12. That he took the Ordinary Coronation Oath of all lawfull Kings to ma●●●tan and defend the rights persons of all his people to govern them justly c. as became a good King which a King claiming by meer conquest would never do All these particulars are undeniable Evidences that Duke William never made the least pretence claim or title to the Crown and Realm of England only as an absolute Conqueror of the Nation but meerly by Title as their true and lawfull King by designation adoption and cognation seconded with the Nobles Prelates Clergy and peoples unanimous election And although it be true that this Duke ejected Harold and got actual poss●ssion of the Throne and Kingdom from him by the sword as did Aurelius Ambrosius and others before and King Henry the 4. Edward the 4. Henry the 7. with others

adventure their lives bodies soul● and their whole kingdoms utter ruine than part with their usurped Supremacy 10. That the most unrighteous Usurpers of the royal Throne by apparent perjury fraud force treachery will feign forge publish some specious pretext or other of Title or popular election to palliate or extenuate their intrusions to avoid the infamy of Tyrants and Usurpers and take off the Odium of their most unrighteous Intrusions of which we see footsteps both in Harold William then and Rich. 3. of late 11. That unjust Invaders of Crowns for the most part bring many miseries troubles warrs and ruins not only on themselves and their posterities but likewise on their Kingdoms and people as Harold did 12. That royal Usurpers when they are most successfull insolent and secure as Harold after his victory in the North are nearest greatest dangers and ruine 13. That such Usurpers are commonly very vigilant and industrious to preserve their own Interest and Power under pretext of the common defence and safety of the Nation yet more rely on their Mercinary forces than the unmercinary Militia of the Nation 14. That Usurpers though they may have many Flatterers and seeming Friends to write and act for them whiles in prosperity yet are commonly generally deserted both by Nobles People yea their own indeared Friends and kinred in their greatest dangers when they need them most as Harold was 15. That few English Nobles Gentry or Commons will readily adventure their Lives in a Vsurpers quarrel when and where his Title stands in competition with a better and clearer right as most of them deserted Harold 16. That the reign of perjured Invaders of others Thrones is commonly very short full of War● Troubles Fears Jealousies and their ends for the most part bloudy tragical as was Harolds and Rich. 3. 17. That the sordid Covetousnesse of Kings and Generals in oppressing their people and depriving their Subjects and Souldiers of their just and lawfull spoils after victory over the Enemies is a ready means to alienate their affections and cause a defection from them to their Opposites 18. That when God hath designed a perjured Vsurpers or Nations ruine for their crying sins he suddenly stirs up unexpected Enemies and Instruments to effect occasions to facilitate it and so infatuates them that they become altogether uncapable of any good advice and reject all Propositions and Accommodations that might prevent the s●me as Harold obstinately did 19. That none are more forward publikely to appeal to God himself for to judge and decide the Justice of their cause and proceedings than the most perjurious and unrighteous Vsurpers That when such presumptuously and atheistically dare openly appeal to God himself for justice against their Opposites or Competitors he usually cuts them off by exemplary deaths and fatal Overthrows as he did Harold both to manifest his severe Justice and Indignation against such Atheistical and hypocritical Apellants and Appeals and to deterr all others from such practices 20. That all sacred Oathes and sworn Contracts solemnly made to others in things lawfull or indifferent be it through fear or voluntarily upon premeditation ought religiously and inviolably to be observed and not wilfully infringed or eluded by shifts and pretences as here by Harold 21. That God sooner or later doth usually avenge in an exemplary manner the perjurious wilfull breach of solemn Oathes even in Kings themselves and the greatest persons whose detestable perjury oft brings sudden destruction both upon themselves their kinred Posterity and whole Armies and Kingdoms too as in the case of Harold 22 That perjured persons fighting in a cause directly against their corporal Oaths can expect no other successe in battel but either flight or death And that one Battel may both lose and win a whole kingdom so unstable are even kingdoms themselves 23. That the barbarous murders the cruel oppressions of Innocent people are apt to stirrup a universal Insurrection against their Governors and Instruments and u●ually end in the dethroning expulsion death and destruction of the Authors of them of which Tosti yields us a notable president And that people when once justly enraged against such bloudy tyrannical Oppressors become altogether implacable and will never brook their future Government over them 24. That base carnal fears in times of imminent danger usually dis-joynt those persons councels forces whom the Common danger should more unite and make them desert the probablest means of their publike preservation liberty peace settlement by setting up the Right heir of the Crown as Edgar here against the Intrusions and Pretences of all usurping Invaders of the Soveraign power 25. That a few timorous Counsellors Great Persons or Clergy-men in times of danger are apt to disappoint the magnanimous resolutions and daunt the heroical Spirits of such who are most cordially affected both to their Native Countries Lawes Liberties and right heir to the Crown and to draw them to unworthy compliances with them against both 26. That stout resolute real Patrons of their Native Countries Laws and Liberties will then appear most cordially zealous to protect own and fight for them when they are in greatest danger to be lost and most disowned deserted betrayed by other timorou● and time-serving persons witnesse the example of Abbot Fred●rick Stigand Eg●lsine and the Kentish men 27. That true heroick English Freemen preferr their old Native Liberties Laws Customs b●fore their Lives and would rather die fighting for them in the field than depart with them upon any Terms to a victorious Soveraign or subject themselves to the le●st publike Servitude the name whereof hath been ever odious to them much more the thing it self 28. That the best means to preserve our publike Laws Liberties Customs against all Invaders of them is manfully resolutely and unanimously to stand up in their defence both by words and deeds when they are most indangered That such persons Counties places who have appeared most stout and resolute in their defence when others have generally de●erted surrendered or betrayed them have thereby preserved secured perpetuated them to themselves and their posterities when all else have lost and been deprived of them yea gained immortal honour and precedency of all others to boot Witnesse the Ken●ish-men 29. That the Stoutest Maintainers of their Countries Laws and Liberties are commonly most odious to most injured oppressed by tyrannical Soveraigns though upon other pretences witnesse Archbishop Stigand Abbot Frederick and Egelsine Yet this must not deter● them from their duties 30. That no age or person ever yet reputed Conquest a just safe prudent Title or Pretext to the Crown of England but ever disclaimed it as most absurd and dangerous to their interests 31. That the murdering or disinheriting of the right heir to the Crown hath been the Principal occasion and ground-work of all the great sad revolutions of Government in this Island and of the translations of the Crown and Kingdom from the Britons to the Saxons from the Saxons to