ten thousand pounds in one year at first and then 16000 24000 30000 40000 or 48000 l. at the utmost for several whole years Tribute without any Excise Imposts or other Customs Which meditation me thinks should now induce them to mitigate release cease our long continued uncessant Taxes Excises Imposts or at least to reduce them to the Danes highest annual proportion of 48000 thousand pounds lest the whole Nation and Posterity repute them more oppressive barbarous tyrannical to their Christian Countrymen now than the worst of the forein Pagan Danish Invaders were heretofore and greater present Enemies to their Native Country than the Danes then were to our Progenitors The self same year there being some difference between King Ethelâ—ed and Richard Marquess of Normandy he thereupon slew and pillaged all the English passing through his Country and affronted King Ethelred with frequent injuries Pope Iohn the 15. hereupon sent Leo his Legate with exhortatory Letters to make peace between them who coming with them to King Ethelred on Christmass day Anno 9â—1 the King uâ—on râ—ceit of the Popes Letters Accersitis cunctis sui Regni fidelibus utriusque ordinis Sapientioribus Assembling all the Wisest men of his Realm of both Orders for the love and fear of Almighty God and St. Peter the Prince of the Apostles granted and estabished a most firm peace with all his Sons aâ—d Daughters present and to come and with all his Lieges without guile In pursuance whereof the King sent Edelfinus Bishop of Sherburn with two other persons of quality into Normandy to the Marquess Who upon receit of the Popes Admonitions and hearing of the kings Decree with a willing mind confirwed the said Peace with his Sons and Daughters present and to come and with all his Subjects upon this reasonable condition That if any of them or they themselves should perpetrate any unjust thing against the other it should be expâ—ated with eondign reparation Which Peace that it might remain perpetually firm was ratified by the Oaths of the Commissioners of both parts at Rhoan in March following Here we have a Peace advised ratified by the direction of a Parliamentary Great Council recorded at large by Malmsbury The last clause whereof was this Et de hominibus Regis vel de inimicis suis nullum Richardus recipiat nec Rex de suis sine Sigillo eorum King Ethelred in the year 992. hearing that the Danes intended a new invasion of England and that they had sent a great Fleet to Sea contrary to their former Agreement the year before assembled a Council of his Nobles to consult how to resist them What the result of their consultation was Florence of Worcester thus record Consilio jussuque Regis Anglorum Etheâ—redi Procerumque suorum de tota Anglia robustrores Londoniae congregatae sunt Naves By the Counsel and command of Ethelbert king of England and of his Nobles all the strongest Ships were assembled together at London out of all England which the king furnishing with choice Souldiers made Duke Alfric Duke Thorold Alstan and Aesâ—win two Bishops Admirals over them commanding them if by any means they could to take the Danish Army and Fleâ—t by inviâ—oning them in some part But Duke Alfric formerly banished forgiven and now made chief Admiral turning Traytor both to his king and Country first sends a secret Messenger to the Danes to acquaint them with the designs against them intreating them to prevent the ambushes prepared to surprize them whereby they escaped the hands of the English After which when the English and Danes were ready to encounter each other in a Sea-fight Alfric fled secretly to the Danish Fleet the night before and by reason of the instant danger fled away shamefully with them The kings Navy pursuing them took and pillaged one of the Danish Ships flaying all the men therein But the London ships meeting with the other Danish Pirates as they were flying fought with them slew many thousands of the Danes and took Duke Alfric his Ship with the Souldiers and Armes himself hardly escaping as Wigorniensis and Matthew Westminster relate But Huntind Bromton write that the Danes recruiting their Navy met and fought with the kings Navy slew many of the Londoners triumphantly took whole armed Ships and Duke Alfric who was in them whom the king should not have trusted according to the antient saying Quem semel gravitèr laeseris non facile tibi fidelem credideris For this Treason of Alfric the king cauâ—ed the Eyes of his Son Algar to be put out Unâ—e odium infamia eâ—us â—rudelitatis adaucta est as Huntiâ—don and others observe The next year 993. the Danish Fleet entring Humber wasted the Country of Northumberland and Lindesey burning the Villages slaying the people and pillaging their goods Whereupon great multitudes of the people of thaâ— Country assembling together resolved and hastned to sight with them but when they were ready to giâ—e â—hem battel Frena Fâ—ithgist and Godwin their Captains being of Danish Progenyâ— proving treacherous to their followers perswaded them to fly and fled first themselves Notwithstanding the Country as Malmesbury Speed and others write being unable to digest their intollerable insolence and plunders fell upon the Danes slew many of them and chased away the rest to defend their Lives Liberties and Estates Anno 994. Swane king of Denmark â— and Anlafe king of Norwey with 94 Ships sailed up to London besieged and â—iercely assaulted the City thinking to take it but the Citizens so manfully defended it that they repulsed the Danes thence with great loss Who thereupon turning their fury upon the Counâ—ies of Essex Kent Sussex and Southampton so greivously wasted them with fire and sword burning the Villaâ—es and slaying the Inhabitants that King Ethelred Concilio Procerum suorum by the Council of his Nobles aâ—â—embled together for that end as Wigorniensis Matthew Westminster Hoveden Simeon Dunelmensis and others write sent Embassadours to them promising to give them Tribute and Wages and Money upon this condition that they should desist from their cruelty Who thereupon condescending to the kings request returned to their Ships and drawing all their Army together unto Southampton wintered there To whom a Tribute of fixteen thousand pounds was given and paid out of all England that they shouâ—d cease from their rapines and slaugâ—ters of innocent persons Afâ—er tâ—is agreement King Anlaf â—epaired to Andover to King Etâ—elred where he received baptiâ—m Ethelred being his Godfather and bestowing great gifts upon him Hereupon Anlaf entred into a League with him promising to return into his own Countrey and never after to râ—turn into England with an Army Which promise he faithfully observed The Articles of the Agreement between King Ethelred and him are at large recorded in the Chronicle of Bromton Col. 899â— 900. being made by advice of all his Wisemen asâ—embled in a Parliamentary Council as this Title to
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 Kiug 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 unfit 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 succederâ— in Regnum Angliae voce stabili sancivit and decreed by a stable vote that he should succeed him in the Realm oâ— 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 justissimus in causarum judiciâ— a most just Iudge in the judging of causes and most religious and most devout in the service of God Hereupon King Edward sent Robeâ—t Archbishop of Canterbury to him as his Legate a Lâ—tere or special Embassador illumque designatum sui regni Successorem tam debito cognationis quam merito virtutis suae Archipraesulis relaâ—u 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 afâ—er 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 â—e subjoins Edwardi pâ—issimi Regis cujus cognatione et consanguinitate inclytus Rex noster Willelmus fundat conscientiam suam regnâ—m Angliae invadendi caeteris Regibus de Danorum sanguine quasi nullius authoritatis ad allegandum interim intermissis William of Malmsbury who flourished in oâ— near that very age thus seconds him After the death of Edward his son Edgar was Neque promptus mâ—nu neque probus ingenio Rex itaque defuncto cognato quia spes prioris erat soluta suffragii Willielmo comiti Normanniae successionem Angliae dedit Erat ille hoc munâ—re dignus praesâ—ans animi juvenis qui in supremum fastigium alacri labore excreverat Praeterea proxime consanguineus filius Roberti filius Richardi seâ—undi quem fratrem fuisse Emmae matris Edwardi non semel est quod diximus Ferunt quidam ipsum Haroldum a Rege in hoc Normanniam missum alii secretioris coâ—silii conscii invitum venti violentia illuc actum quo se tueretur invenisse commenâ—um 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 muâ—tered 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 Guidâ— 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 Post mortem Regis Edwardi ei Regnum Angliae Sacramento firmavit subjoyns thereâ—o Tradunt autem aliter alii quod videlicet Haroldus a Rege Edwardo fuerat ad hoc in Normanniam missus ut Ducem Gulihelmum in Angliam conducerâ—t qnem idem Rex Edwardus Haeredem sibi constituere cogitavit Roger de Hoved. Annal. pars prior p. 499. Radulph de Diceto Abbr. Chron. col 480 481. Eadmerus Hist. Novorum l. 1. p. 4 5. Sim. Dunel Hist. col 195. Io. Bromton in his Chronicle col 947. Hygden in his Polychron l. 6. c. 27. with others record the matter somewhat different from our other Historians That Harold after his Fathers death craving leave of King Edward to goe into Normandy to free and bring into England his Brother Wulnoth Nephew Hake there detained Hostages the King would not permit him to goe as senâ— by him but yet left him free to do what he pleased of himself therein Adding Praesentio tamen te ad nihil aliud tendere nisi in detrimentum totius Anglici regni et opprobrium tui nec enim ita novi Comitem mentis expertem ut eos aliquatenus velit concedere tibi si non praescierit in hoc magnum proficuum sui Harold notwithstanding taking ship to go into Normandy upon this occasion was driven by storm into Ponthieu and there imprisoned as aforesaid and by Duke Williams means and threats after two denials released who honourably entertaining him for some dayes to advance his own designs by him at last opened his minde thus to him Dicebat itaque Regem Edwardum quando secum invene olim juvenis in Normannia demoraretur
at all For tâ—e Crown of England being held not as patrimonial but in succession by remotion which is a succeeding to anothers place it was not in the power of King Edward to collate the same by any dispositive and Testamentary Will the right descending to the next of blood only by the Laws and Custom of the Kingdom For the successor is not saâ—d to be the Heir of the King but of the Kingdom which makes him so and cannot be put from it by any Act of his Predecessors 9. That the Nobilities Clergies and peoples free-Election hath been usually most endeavoured and sought aâ—ter by our Kings â—especially Intruders as their best and surest Title To these Legal I shall only subjoyn some Political and Theological Observations naturally flowing from the premised Histories of King Edward Harold and William not unsuitable to nor unseasonable for the most serious thoughts and saddest contemplations of the present age considering the revolutions and postures of our publike affairs 1. That it is very unsafe and perillous for Princes or States to intrust the Military and Civil power of the Realm in the hands of any one potent ambitious or covetous person who will be apt to abuse them to the peoples oppression the kingdoms perturbation and his Sovereigns affront or danger as is evident by Earl Godwin and his Sons 2. That devout pious soft-natured Princes are aptest to be abused and their people to be oppressed by evil Officers 3. That it is very dangerous and pernicious to heditary kingdoms for their King to die without any certain known and declared right Heirs or Successors to their Crowns yea an occasion of many wars and revolutions as is evident by King Edwards death without iâ—sue or declared right heir 4. That right heirs to Crowns who are of tender years weak judgement or impotent in Frienâ—s and Purse are easily and frequently put by their rights by bold active and powerfull Intruders as Edgar Atheling was both by Haroâ—d and William successively Yet this is remarkable in both these Invaders of his royal Right 1. That Harold who first dethroned him to make him some kind of recompence and please the Nobles of his party created Edgar Earl of Oxford and held him in special favour 2 ly That King Willam the first to whom he submitted himself and did homage and fealty used him very honourably and entertained him in his Court not only at first buâ— even after he had twice taken up armes against him joyning first with the English Nobilitie then with the Danes and Scots against his interest For Edgar coming to him into Normandy Anno 1066. out of Scotland where he lived some years where nihil ad praesens commodi nihil ad futurum spei praeter quotidianam stipem nactus esset he not only pardoned his fore-past offences but magno donativo donatus est pluribusque annis in Curia manens Libram Argenti quotidie in stipendio accipiebat writes Malmesb. receiving a great donaâ—iâ—e from him and a pound of silver for a stipend every day and continuing many years in his Court. After which Anno 1089. He went into Apulia to the Holy wars by King Williams licence with 200 Souldiers and many Ships whence returning after the death of Robert son of Godwin and the loss of his best Souldiers he received many benefits from the Emperours both of Greece and Germany who endeavoured to retain him in their Courts for the greatness of his birth but he contemning all their proffers out of a desire to enjoy his Native Country returned into England and there lived all Kings Williams reign In the year 1091. Wil. Rufus going into Normandy to take it by force from his brother Robert deprived Edgar of the honour which his Brother with whom he sided had conferred upon him and banished him out of Normandy whereupon he went into Scotland where by his means a peace being made between VVilliam Rufus and Malcholm king of Scots he was again reconciled to Edgar by Earl Roberts means returned into England being in so great favour with the king that in the year 1097. He sent him into Scotland with an Army Ut in ea consobrinum suum Eadgarum Malcholmi Regis filium patruo suo Dufenoldo qui regnum invaserat expulso Regem constitueret Whence returning into England he lived there till after the reign of king Henry the first betaking himself in his old age to a retired life in the Country as Malmesbury thus records Angliam rediit ubi diverso fortunae ludioro rotatus nunc remotus tacitus canos suo in agro consumit Where most probably he died in peace since I find no mention of his death No less than 4 successive kings permitting this right heir to their Crowns to live both in their Courts and Kingdom of England in peace and security such waâ— the Christian Generosity Charity and Piety of that age without reputing it High Treason for any to relieve or converse with him as the Charity of some Saints in this Iron age would have adjudged it had they lived in those times who have quite forgotten this Gospel Lesson of our Savior they then practised But I say unto you love your Enemies do good to those that hate you c. Wherefore if thine enemy huâ—ger give him meat if he thirst give him drink c. Bâ— not overcome of evil but overcome evil with goodness 5. That base carnal fears and cowardize oft cause both Prelates Nobles and People to desert their own best interest and lawfull Princes and to act vote and submit to meer unrighteous Usurpers against their primitive resolutions judgements Consciences as here in the case of Edgar and Rich. 3. since 6. That Generals puffed up with victorious successes and having the command of the Land and Sea Forces in their power are apt to aspire after the royal Crown and Soveraignty and forcibly to usurp it upon the next occasionâ— even with the disinheriting of the right heir and hazard of the whole Realm of which Harold is a most pregnant example 7. That ambitious aspirers after the royal Crown and Throne will make no conscience to violate all sacred and civil Oathes Obligations Contracts and find out any evasions to elude them rather than goe without themâ— or part with them when injuriously usurped â—y them and will adventure to crown themselves with their own hands than not wear the Diadem witnesse Harold 8. That Usurpers of Crowns without right though they Court the people with Coronation Oaths and fair promises of good Laws Liberty Immunity from all Taxes and Grievances yet usually prove the greatest Tyrants and Oppressors to them of all others as Harold and William in some sort did That Invaders of Crowns and Soveraign power without any right title or colour of Justice being once in possession will never part with them to those who have better right upon any verbal Treaties but rather
in the world who publickly imbraced professed countenanced propagated the faith and Gospel of Iesus Christ and abolished Pagan Idolatry in their Dominions And of later times as our English Realm brought forth King Henry the 8th the first Christian King in the world who by Acts of Parliament abolished the Popes usurped power and jurisdiction out of his Dominions King Edward the sixth his son the first Christian King and Queen Elizabeth the first Christian Queen we read of in the world who totally abolished suppressed Popery banished it their kingdoms and established the publike Profession of the Protestant Religion by publike Statutes made in their Parliaments So during the reigns of our Saxon Kings after they turned Christians this Realm of England procreated more devout holy pious just and righteous Kings eminent for their piety justice excellent Ecclesiastical and Civil Laws transcendent bounty to the Church Clergy and Martyrdom for the defence of Religion and their Country against Pagan Invaders than any one Kingdom throughout the World There being no less then 15 or 16 of our Saxon Kings and 13 Queens within 200 years space who out of piety devotion and contempt of the world according to the piety of that age out of date in this voluntarily renounced their earthly Crowns and Kingdomâ— and became professed Monks Nuns to obtain an incorruptible Crown and Kingdom in Heaven 12 Kings crowned with Martyrdom being slain by Pagan invaders 10 of them being canonized for transcendent Saints and enrolled for such in all Martyrologies Liturgies of the Church which I doubt few of our new Republican Saints will be Yea the piety of our Kings in that age was generally so surpassing Ut mirum tunc fuerat Regem non Sanctum videre as John Capgrave informs us Whence Wernerus a forein Chronologer in his Fasciculus temporum records Plures se invenisse sanctos Reges in Anglia quam in alia mundi Provincia quanâ—umcunque populosa And Abbot Ailred long before him gives this memorable testimony of the Sanctity Martyrdom Iustice and study of the peoples publike we al before the private shining forth in our Saxon Kings more than in any other kings throughout the world Verum prae cunctis civitatibus Regnisve terrarum de sanctitate Regum suorum Anglia gloriatur quorum alii coronati martyrio de terreno ad caeleste Regnum migraverunt alii exilium patriae praeferentes mori pro Christo peregre deligerunt nonnulli posito diademate disciplicinis se monasticis subdederunt quidam in justitia et sanctitate regnantes prodesse subditis quam praeesse maluerunt whose footsteps with the pretending self-denying antimonarchical domineâ—ring Saints over us would now imitate inter quos istud Sydus eximium gloriosus Rex Edwardus emicuit quem cernimus in divitiis egenum in deliciis sobrium in purpura humilem sub corona aurea seculi contemptorem So as the Prophesies of Psal. 72 2 6. Isay. 42 4 10 12. c. 49.1 23. c. 51 5. c. 60 9 10 11. c. 66.19 seem to be principally intended and verified of our Kings Isle above alâ—others in the world No wonder then that these ages of theirs afford us notwithstanding all the wars tumults combustions therein sundry memorable Presidents of great Parliamentary Councils Synods Civil and Ecclesiastical excelleut Laws aud Canons made in royal Charters confirmed by them with divers memorable Mouuments both of our Parliamentary Councils Kings Princes Nobles Peoples constant care diligence prudence fortitude in defending preserving vindicating and perpetuating to posterity the good old Laws Liberties Franchises Rights Customs Government publike justice and Propriety of the Nation to suppress abolish all ill Law tyrannical unjust Proceedings Oppressions Exactions Imposts Grievances Taxes repugnant thereunto to advance Religion Piety Learning the free course of Iustice and the peoples welfare Which I have here in a Chronological method for the most part faithfully collected out of our antientest best Historians and Antiquaries of all sorts where they ly confused scattered and many of them being almost quite buried in oblivion and so far forgotten that they were never so much as once remembred or inâ—isted on either in our late Parliaments aud Great Courts of Iustice in any late publike Arguments or Debates touching the violation or preservation of the fundamental Laws Liberties Properties Rights Franchises of the Nation now almost quite forgotten and trampled under foot after all our late contests for their defence I have throughout these Collections strictly confined my self to the very words and expressions of those Historians I cite coupling their relations together where they accord in one citing them severally where they vary and could not aptly be conjoyned transcribing their most pertinent passages in the language they penned them omitted by our vulgar English Chronologers and annexing some brief observations to them for Explanation or Information where there is occasion The whole undertaking I here humbly submit to the favourable acceptation and censure of every judicious Reader who if upon his perusal thereof shall esteem it worthy of such an Encomium as William Thorne a Monk of Canterbury hath by way of Prologue praefixed to his own Chronicle Valens labor laude dignus per quem ignota noscuntur occulta ad noticiam patescunt praeterita in lucem praesentia in experientiam futura temporibus non omittantur quia labilis est humana memoria necesse constat scriptis inseri memoranda ne humanae fragilitatis contingens oblivio fieret posteris inopinata confusio It will somewhat incourage me to proceed from these remote obscure times to ages next ensuing in the like or some other Chronological method But if any out of disaffection to the work or diversity from me in opinion shall deem these Collections useless or superfluous I hope they will give me leave to make the selfsame Apology for my self and them as our most judidious Historian William of Malmesbury long since made for himself and his Historical collections Et quidem erunt multi fortassis in diversis Regionibus Anglâ—ae qui quaedam aliter ac ego dixi se dicant audisse vel legisse Veruntamen si recto aguntur judicio non ideo me censorio expungent stilo Ego enim veram Legem secutus Historiae nihil unquam posui nisi quod à sidelibus relatoribus vel scriptoribus addidici Porro quoquo modo haec se habeant privatim ipse mihi sub ope Christi gratulor quod continuam Anglorum Historiam ordinaveram vel solus vel primus at least wise in this kind Si quis igitur post me scribendi de talibus munus attentaverit mihi debeat collectionis gratiam sibi habeat electionis materiam Quod superest munus meum dignanter suscipite ut gaudeam grato â—ognitoris arbitrio qui non erravi eligendi judicio Thus craving the Benefit of thy Prayers for Gods Blesâ—sing on these my
and executing sundry of his people against Law without any lawfull tryal by their Peeres or Uerdict and Iudgement by a sworn Iury or upon in sufficient evidence or for Crimes not Capital by the Laws The names of these Iudges with their several offences you may read at large in Horn. Had those pretended Judges of a neâ— edition who of late arraigned condemned executed the King Nobles Gentlemen and Freemen of England in strange new arbitrary Courts of high Iustice without any legal Indictment and Tryal by a sworn Jury of their peers and many of them for offences not Capital by any known Lawes or Statutes of the Realm and upon very slender evidence lived in this Iust Kings reign they might justly fear he would have hanged them all up as Murtherers and Capital Malefactors as well as these 44 Judges not altogether so peccant in this kind as they this form of tryal by sworn Juries of their Peers then in use being since confirmed by the Great Charters of King Iohn and King Henry the 3 some hundreds of subsâ—quent Statutes and the Peâ—iâ—ion of Right not known in Alfreds days I find in the Prâ—face to King Alfreds Laws of which Laws Abbot Ethelred gives this â—rue encomium Leges Christianissimas scripsit promulgavit in quibus fides ejus et devotio in deum solliciâ—udo in subditoâ— misericordia in pauperes Iusticia ciâ—ca omâ—es cunctis legentibus pateâ— this observable passage That the Apostles elders assembled in a Synod at Jerusalem Acts 15. in their Epistle to the Churches of the Gentiles to abstain from things offered unto Idols added this Summary of all Laws And what ye would not to be done to your selves that doe ye not to others from which one precept it sufficiently appeareth unicuique ex aequo jus esse reddendum that right or Law is of Iustice to be rendred to every one neither will there be need of any other Law or Law-book whatsoever iâ— he who sits Iudge upon others shall only remember this that he would not himself should pronounce any other sentence against others than what he would should be pasâ—ed against himself in their Case But when the Gospel was propagated many Nations and amongst them the English embraced the faith of Gods word there were then held some Assemblies and Councils of Bishops and other most illustrious Wise men throughout the World and likewise in Eâ—gland and these being throughly instructed by Gods mercy dâ—d now first of all Impose a pecuniary Mulct upon Offenders and without any Divine Offence delegated the Office of exacting it to Magistrates leave being first granted Only on a Traitor and Deserâ—er of his Lord or King they decreed that this Milder punishment by pecuniary Mulcts was not to be inâ—licted because they thought just that such a man was not at all to be spared both because God would have Contemners of him unworthy of all mercy and likewise because Christ did not at all compassionate them who put him to death but appointed the King to be honoured above all others These therefore in many Councils singulorum scelerum paenas constituerunâ— ordained the punishments of every kind of offences and commitâ—â—â— them to writing From whence it is apparent First That all capital coporal and pecuniary Mulcts and penalties for any civil or Ecclesiastical offences whatsoever inflicted on the Subjects of this Realm in that and all former ages since they embraced the Gospel were only such as were particularly defined and prescribed by their Parliamentary Councils and the Laws therein enacted and not left arbitrary to the King Judges or Magistrates as it appears by â—he forecited passages of Beda Malmesbury Huntindon and Bromton concerning King Ethelberts Laws part 2. p. 50. by the Laws of King Ina Lex 2 3 4 6 7 9 10 11 12 13 14 15 21 22 25 26 27 30 31 32 34 35 36 37 38 39 40 41 46 47 48 49 54 57 58 64 73 75 76 80. more specially by the Laws of King Alfred himself Lex 1 2 3 4 5 6 7 8 9 12 13 14 15 17 20 21 24 25 26 27 28 29 30â— 31 32 33 34 35 38 39 40 41 42 44 45 46 48 51. with the Laws of our other Saxon kings prescribing parâ—icular fines pecuniary corporal and capital punishments for all sorts of offences and injuries to avoid all arbitrary proceedings and censures in such Cases 2ly That no imprisonment Corporal Capital or pecuniary Mulcts or punishments whatsoever justly might or legally ought to be then inflicted upon any Malefactors or Trespassers whatsoever but when where and for such offences only as the known Parliamentary and common Laws then in force particularly warranted and prescribed which penalties and Laws could not be altered nor abrogated but by Parliamentary Councils only 3ly That Common right and Justice were then to be equally dispensed to all men by our Kings Judges and other Magistâ—ates according to the Laws then established in such sort as they would have them administred to themselves in the like Caâ—es 4ly That â—ilfull Traitors and Deserters of their lawfull Lords Soveraigns were not to be spared or pardoned by â—he Laws of God or Men nor yet punished only with fines but put to death without Mercy Wâ—eâ—ce â—his Law was then enacted by king Alfred and his Wisemen Lex 4. Si â—uis vel â—er â—e veâ— suscepâ—am vel suspectam â—eâ—sonam De morte Regis tractet vitae suae reus sit et omnium quae habebit and â—f any fought or drew any weapon in the Kings house and was apprehended sit in arbitrio Regis sit vita sit mors sicuâ— ei condonare voluerit Lex 8. because it might endanger the kings person This king Alfred made two special Laws for securing even Leets and Inferiour Courts of Iustice from armed violence and distuâ—bances by fighting which I shall recite Lex 41. Si quis coram Aldermanno Regis pugnet In publico emendet Weram Witam sicut rectum sit supra hoc CXX â— ad Witam Lex 42. Si quis Folemot id est populi placitum Armorum exercitione turbabit emendet Aldermanno CXX s. Witae id est foris factuâ—ae What Fines and punishments then do they deserve who not only fight before and disturb Aldermen and Leets with their Armes but even disturb fight and use their Armes against our Aldermen themselves yea all the Aldermen Peersâ— and Great men of the Realm assembled in the highest greatest Parliamentary Councils and over-awe impriâ—on secure seclude and forcibly dissolve them at their pleasures as some of late times have done beyond all former Presidents During the reign of this Noble king Alfred Gythro the Dane sometimes stiled Godrin or Guthurn Anno 878. with an invincible Army running over all the Coaâ—â—s of England waâ—â—ing the Country and depopulating all sacâ—ed places wheresoeâ—er he came quicquid in auro et argento rapere potest Militibâ—s
a cruel death who gave him this ill advice and to pacifie his Brothers â—host and his own Conscience built two new Monasteries at Middleton and Michelresse and there was scarce any old Monastery in England which he adorned not either with buildings or Ornaments or Books or Landâ— to expâ—ate this his bloody crime In this king Aethelstans reign In the year 927. There were fiery Beams and Meteors seen throughout all the Northern parts of England soon after which Athelstan resolved utterly to extirpate the perfidious Nation of the Danes and treacherous Scots which had violated their Agreement made with his Father whereupon he marched with a great Army by Land and Navy by Sea into Northumberland and Scotland wasted and harrowed the Country without resistance forced Guithfrith King of Northumberland out of his kingdom uniting it to his own Realm vanquished and overcame Howel king of Wales Constantine king of Scots Anlafe the Dane and others in a set battel drove them out of their Realms and forced them to submit to him Who upon their submission knowing the chance of war to be variable and pitying the Cases of these down-cast Princes restor'd them presently to their former estates with this Princely Speech That it was more honour to make a King than to be a King yet these petty Kings Princes rebelling afterwards siding with Anlafe against him were all rouâ—ed by Athelstanâ— King Constantine of Scotland with five more of these Kings 12 Dukes and most of their Army slain in one battel principally by the valor of Turketulus and the Londoners An. 837 Whereupon the petty Kings of Wales contracted to pay him a yearly tribute of 20 pound weight of Gold and 300 of Silver and 25000 head of Cattel with a certain number of Hawks and Hounds which no King of England ever exacted or received from them before William of Malmesâ—ury who exceeds in his praises writes that it was truly reported of him amongst the English Quod nemo Legalius vel literatius rempublicam administraverit That no king governed the Commoâ—weâ—lâ—h more legally or learnedly than he being as Ingulphus records guided and directed by Turketulus his Chancellour a man of great integrity honesty and piety of profâ—und judgement whose decrees upon debate were irrefragâ—ble This king Athelstan for the better administration of Jusâ—ice enacted sundry excellent civil and ecclesiasâ—ical Laws recorded in Bromt. Lamb. Spelm. The first of these his Laws were made and enacted in the famous â—ounâ—il of Grately about the year 928 in which the king himself Wulfehelm Archbishop of Canteâ—bury and the rest of the Bishops and all the Nobles and Wisemen which King Ethelstan could assemble were present who all ordained and confirmed these Laws in this great Council as the last Chapter 〈◊〉 inâ—orms us in â—hese words Totum hoc institutum est et confirmatum In magno Synodo apud Grateleyam cui Archiepiâ—copâ—◠〈…〉 et omnes Optimates et Sapientes quos Adelstanus Rex potuit Congregare Or Cumâ—â— Optimates et Sapientes ab Aetheâ—â—tano evocaâ—â— frequentissimi as another Copy renders itâ— which proves that all the Members of this Council were summoned to it by this kings writ and not elected by the peoples sufâ—rages And although the Archbishops Bishops and other Clergy men were the chief advisers of the Ecclesiastical Lâ—ws made in this Council as this Prologue to them attests Ego Aethelstanus Rex ex prudenti â—lâ—â—elmae Archiepiscopi aliorumque Episcoporum et Servorum Dei consilio mando yet they were all enacted and confirmed by all the Nobles and Wisemen in the Council as the premises evidence In this Council the king commandedâ— by his Laws all his Officers that they should demand and exact from his Subjects such things and duties only as they might justly and lawfully receive adding this memorable reason for it Nunquam enim erit populo bene consultum nec digne Deo conserâ—abitur ubi Lucrum impium et magis falsum diligitur Ideo â—eâ—ent omnes amici Dei quoâ— miquum en enervare quod â—ustum est elevare non paâ—i ut propâ—er falsum et pecuniae quaestum se forisfaciant homines erâ—â—â—ere â—apientem Deum cui displicet omnis injustitia Which I wish all our unrighteous covetous â—â—x-maâ—â—ers Excisers and Exacters would now seriously consider Afâ—er which it follows Chrisâ—ianis autem omnibus necesâ—arium est ut rectum diligant ut iniqua condemnent et saltem sacris Ordinibus erecti justum semper erigant et prava deponant Hinc debent Episcopi cum saeculi Judicibus interesse Judiciis ne permittant si possint ut illinc aliqua pravitatum germina pullulaverint And to avoid all arbitrary proceedings oppressions and Injustice in all things this Council by positive Laws ascertains all fines amerciaments imprisonments and corporal punishments for criminal offences from which the Iudges might not vary And withall defines what Armes every man should â—ind in those times of war against the Danes and other Enemies by his positive Law Lex 21. Sax. 16. Omnis homo habebit duos homines cum bonis equis de omni Carucâ King Ethelstane after this Council at Grately what years is not expressed assembled several other Parliamentary Councils at Exeter Fevresham and Thunderfeld wherein he and his Wisemen by common consent confirmed the Laws made at Grately altering some of them in certain particulars and adding some new Laws unto them as you may read at large in Bromâ—on and as the first Chapâ—er and this Prologue to those Laws assure us ` Haec sunt Judicia quae Sapientes Exonâ—ae consilio Adelstani Regis instituerunt iterum 〈◊〉 Fevresham â— et tertia vice apud Thundresfeldiam ubi hoc definitum simul et confiâ—matum est et hoc imprimis est ut observentur omâ—ia Judicia quae apud Gratelâ—yam imposita fuerint praeter mercatum Civitatis et Diei Dominicae The Cause of making these new Laws and confirming the old was a Complaint to the King in the Council at Exeter that the Peace and Laws made at Grateley were not so well kept as they should be and that Theâ—ves and Malefactors abounded as this Prologue manifests Ego Adelstanus Rex notifico vobis sicut dictum est Michi quod pax nostra pejus observata est quam Michi placet vel apud Grateleyam fuerit institutum Et Sapientes Michi dicunt quod hocdiutius pertuli quà m debueram Nunc inveni cum illis Sapientibus qui apud Exoniam fuerint mecum in sancto Natali Domini quod parati sunt omnino quando velim cum seipsis uxoribus pecunia omni re suâ ire quo tunc voluero nisi malefactores requiescant eo tenore quo nunquam deinceps in patriam istam redeant c. In the Council of Fevresham in Kent the King by some of his Wise-Counsellors sent thither to it propounded some things for the weal
Monarchy of all England unto himself extirpating all the Pagan Danes with their infidelity restoring Christianity to its Lustre and the English to their Possessions and Liberties The year following he wasted and subdued all Cumberland and pillaged the people of all their goods And because the people of that Country were perfidam legibus insolitam perfidious and unaccustomed to Laws so that he could not totally subdue and civilize them having harrowed it with his Army and put out the eyes of the two sons of Dummail King thereof he gave the Country to Malcolm King of Scots to be held of himself upon this Condition that he should assist him and defend the Northern parts of England by Land and Sea from the Incursions of invading Enemies This King Edmund after the Conquest and Expulsion of his Enemies by the advise of Dunston and his Chancellour Turketulus made good Lawes and ordinances Ecclesiastical and Civil for the Government of his Realm for which purpose about the year of our Lord 944 he asâ—embled a Parliamentary Council of the Clergy Laity at London to consult and advise with them in the making of his Lawes Which the Proems to them thus expresse Edmundus Rex ipso solenni Pascatis festo Frequentem Londini tam Ecclesiasticorum quam Laicorum Caetum celebravit as one version out of the Saxon Orâ— Congregavit magnam Synodum Dei ordinis et saeculi as anoâ—her â—â—anslation renders it cui interfuit Odo et VVulstanus Archiepiscopi et alii plures Episcopiâ— ut animorum suorum et â—orum omnium qui eis curae sunt consuleretur saluti And this Proem of King Edmund himself thus seconds Ego Edmundus Rex omnibus qui in dâ—tionâ— ac potestate meâ sunt senibus juvenibus clarè significo Me à scientissimis Regni mei in celebri Ecâ—leâ—sticorum quam Laicorum frequentiâ studiose requisivisse quo tandem pacto Christiana proveheretur fides c. Or Mando praecipio omni populo Seniorum Iuniorum qui in Regione mea sunt Ea quae Investigans Investigavi cum Sapiâ—ntibus Clericis Laicis In this Council there were three parcels of Laws made the one meerly Ecclesiastical the other meerly Civil the third mixt of boâ—hâ— And in this Council I conceive the Constitutions of Aâ—chbishop Odo were read and ratified The greatest parâ— of the Civil Laws there made were against Murder bloodshed fighting breach of Peace Theft and Perjury In the last parcel of these Laws cap. 5. The King gives God and them thanks for assisting him in making these Laws in these words Maximas antem Deo vobis omnibus ago gratias Qui me auxilio vestro in hac pacis quam nunc ad prostigandos fures sancivimus Lege adjuvistis ac vehementer conâ—ido eo vos propensius Nobis in posterum opitulaturos quo hujus Decreti observatio magis viâ—ebitur necesâ—aria About the same year 944. this King assembled another Parliamentary Council of his Bishops and Wisemen at Culinton where they enacted 7 other Laws Principally against Theeves together with an Oath of Allegiance to king Edmund thus prefaced Haec est Institutio quam Edmunds Rex Episcopi sui cum Sapientibus suis instituerunt apud Culintoniam de pace Iuramento faciendo The two first of these Laws I shall transcribe as pertinent to my Theam Cap. 1. Imprimis ut omnes jurent in nomine Domini pro quo sanctum illud sanctum est fideâ—iâ—atem Edmuudo Regi Sicut Homo debet esse fidelis Domino suo sine omni controversiâ seditione in manifesto in occulto in amando quod amabit Nolendo quod noluit et antequam Iuramentum hoc dabitur ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo Cap. 2. Vult etiam ut ubi fur pro certo cognoscetur Tweâ—fhindi et Twifhindi that is meâ— of 600 or 200 s. Land by the year consocientur et exuperent eum vivum vel mortuum alterutrum quod poterunt â—t qui aliquem eorum infaidiabit qui in eâ quaestione fuerint sit inimicus Regis et omnium Amicorum ipsius Et si quis adire negaverit et coadjuvare nolit emendat Regi cxx s. vel secundum hoc pernegat quod nescivit et hundredo xxx s. From whence it is apparent That all Oaths of Allegance and Laws against Theeves and other Malefactors were then made and enacted in Parliamentary Councils assembled for that purpose and all fines for offences imposed and reduced to a certainty only by Parliament And by the last parcel of King Edmunds Laws in Bromton it seems the manner of contracting Marriage was then prescribed and setled by a Parliamentary Council This King Edmund as he gave and restored by his Charters to Christ-Church and St. Augustines in Canterbury several Lands unjustly taken away from them by his Predecessors free from all secular services except expedition and building of Bridge and Castle and ratified the Laws and Privileges of St. Cutberts Church at Durham by consent of his Bishops and Nobles So likewise Anno 944. he granted by his Charter written in golden Characters sundry large Liberties together with the Mannor of Glastonbury to the Abbey of Glustonbury Consilio et consensu Optimatum meorum then assembled in a Paliamentary Council at London ratifying the Privileges granted to the Monastery by King Edmund his Father Eâ—frid Centwine Ina and Cuâ—hred et nè quisquam mortalium scu Episcopus vel Dux aut Princeps aut quilibet ministrorum eorum audeat eam omnino intrare causâ— placitandi vel câ—piendi vel quidquam faciendi quod contrarium fore possit imbi Deo Servientibus Dei indictone prohibuit In the year 945. this King Edmund gave many Lands and Privileges to the Monastery of St. Edmundsbury by his Charters quam subscriptione Episcorum Comitum et Baronum piâ devotione roboravit most probably in the Parliamentary Council of London at Culington where they were all assembled King Edmund in the year 946. celebrating with great Solemnity â—he Feast of St. Augustine which the English accustomed to celebrate every year at Canterbury as some or at Pulcherkirke now at Puckel-Church in Glostershire as others or Michelesberith as Mâ—tthew Wesâ—minster stiles it as he was fitting at Dinner in the Hall amidst his Nobles and Courtiers eâ—pyed a notable Thief câ—lled Leoff whom he formerly baniâ—hed for his theft stand in the Hall Whereupon he not enduring his sight commanded his Butler to thrust that Thief presently out of the Palace who refusing to depart upon the Kings Command and resisting the Butler the King therupon in a rage rising suddenly from the Table took the Thief by the Hair and threw him to the Ground whereupon the Traitor feeling himself hurt and the King lying upon him presently drew out his Knife which he carried
bloud of their Neighbours and Friends was to be revenged Where upon Swain a cruel man prone to shed bloud animated to revenge by his Messengers and Letters commanded all the Warriers of his Kingdom and charged all the souldierâ— in â—orein Regions greedy of gain to assist him in this expedition against the English which they cheerfully did he having now a fairer shew to do foully than ever wrong having now made him a right of invasion who had none before Anno 1003. King Swain ariving with a great Navy and Army in England by the negligence and treachery of one Hugh a Norman whom Qâ—een Emma had made Earl of Devonshire took and spoyled the City of Exeter rased the wall thereof to the ground and burnt the City to ashes returning with a great prey to his ships leaving nothing behind them but the ashes After which wasting the Province of Wiltshire a strong Army congregated out of Hamshire and Wiltshire went wiâ—h a resolution manfully and constantly to fight with the Enemy but when both Armies were in view of each other ready to joyn battel Earl Edric their General a constant Traytor to his Country and secret friend to the Danes feigned himself to be very sick and began to vomit so that he could not possibly fight Whâ—re upon the Army seeing his slothfulness and fearfullness departed most sorroâ—full from â—heir Enemies without â—ighting being disheartned by the Cowardise of their Captain Which Swane perceiving he marched to Wilton and Sarisbery which he took pillaged and burnt to the ground returning with the spoil to his Ships in triumph The next year Swane to whom God had designed the kingdom of England as some old Historians write sailing with his Fleet to Norwich pillaged and burnt it to the ground Whereupon Ulfketel Duke of East-England â— man of great valour seeing himself surprized and wanting time to raise an Army to resist the Danes cum Majoribus East-Angliae habito Consilio taking Counâ—el â—ith the Great men of East England made peace with Swane which he treacherouâ—ly breaking within three weeks after suddenly issuing out of his ships surprized pillaged and burnt Thetford to the ground and covering the Câ—untry like Locusts spoyled all things and slaughtered the Country-men without resistance Which Duke Ulfketel being informed of commanded some of his Country-men to break his ships in pieces in his absence from them which they not dared or neglected to do and he in the mean time raising an Army with as much speed as he could boldly marched against the Enemy retuâ—ning with great booties to their Ships where after a long and sharp incounter on both sides the English being over-powered by the multitude of the Danes were totally roâ—ted and all the Nobles of east-East-England there slain in their Countries defence who fought so valiantly that the Danes confessed they had never an harder or sharper battel in Eâ—gland than this The great loss the Danes sustained in it though they got the â—ield and an extraordinary â—amine in England the year following greater than any in the memory of man caused Swane to return into Denmark to refresh and recruit his Army King Ethelred quit of these Enemies Anno 1006 deprived Wulfgate the Son of Leonne whom he had loved more than all men of his â—ossessions and all his honours propter injusta judicia for his unjust judgements and proud works and likewise commanded the eyes of the two Sons of that Arch-Trait or Edric Streona to be put out at Cocham where he kept his Courâ— because Edric had treacherously inticed a bloody Butcher Godwin Porthound whom he corrupted with great gifts to murder the Noble Duke Althelin at Scoborbyrig as he was hunting whom Edric purpâ—sâ—ly invited to a Feast that he might thus treacherously murder him While these things were acting in the month of Iuly the Danes returning with an innumerable Navy into England landing at Sandwich consumed all things with fire and sword taking great booties sometimes in Sussex sometimes in Kent Whereupon King Ethelred gathered a great Army out of Mercia and the West-parts of England resolving valiantly to fight with the Daâ—es who declining any open fight and returning to their Ships landed sometimes in one place sometimes in another and so pillaging the Country returned with the booty to the Ships before the English Army could encounter them which they vexed all the Autumn in marching after them from place to place to no purpose The English Army returning home when Winâ—et began to approach the Danes with an extraordinary booty sayled to the Isle of Wight where they continued till the Feast of Chriâ—ts Nativity which Feast they turned into sorrow For then they marching into Hampshire and Berkeshire pillaged and burnt down Reading Wallingford Colesey Essington and very many Villages Quocunque enim peragâ—bant quae parata erant hilariter comedentes cum discederent in retribuâ—ionem procurationis reddebant hospiti caedem hospitio flammam as Huntindon Bromton and others story As they were returning another way to their ships with their booty they found the Inhabitants ready to give them battel at Kenet whom the Danes presently fighting with and routing returned wiâ—h triumph to their ships enriched with the new sâ—oils of the routed English King Ethelred lying all this time in Shropshire unable to resist the Danes Anno 1007. cum Consilio Primatum suorum as Florentius Wigorniensis Simeon Dunelmensis Polycâ—ronicon and others express it by the Counsel of his Nobles sent Messengers to the Danes â— commanding them to tell them quod sumptus et Tributum illis dare vellent that they wouâ—d give â—hem Coâ—ts and Tribute upon this Condition That they should desist from rapines and hold a firm peace with them to which request they consentedâ— and from that time Costs were given them and a Tribute paid them of thirty six thousand pounds out of aâ—l England Henry Hunâ—iâ—don Brâ—mton thus relaâ—e the business Rex et Senatus Anglorum dubii quid agerent quid omitterent communi deliberatione gravem conventioneÌ„ cum exercitu fecerunt ad pacis observationeÌ„ 36000 mil. librar ei dederunt A clear evidence that this Agreement and Peace was made and money granted and raised in England by common advice consent in Parliament or Council Inâ—renduit Anglia toâ—a velut arundinem Zephiro vibrante collisum Unde Rex Ethelredus confusione magna consternatus pecunia pacem ad tempus quam armis non potuit adquisivit writes Matthew Westminster Rex Anglorum Ethelredus pro bono pacis Tributum 36 mil. librarum persâ—lvit Dacis as Radulphus de Diceto words it After which the King this year made Edric aforementioned Duke of Mercia and that by the Providence of God to the destruction of the English a man of base parentage but extraordinary crafty eloquent witty and unconstant surpassing all of that age in envy perfidiousness pride cruelty and Treason who
took out of Essex Kent and other places on both sides of the River and oft times assaulting the City of London attempted to take it by assault but were still valiantly repulsed by the Citizens with great loss In Ian. 1010. the Danes â—allying out of their Ships marched through Chiltern Forest to Oxford which they pillaged and burnt wasting the Country on both sides the Thames in their return Being then informed that there was a great Army raised and assembled against them in London ready to give them battel thereupon that part of the Danish Army on thâ— North-side of the Thames passed the River at Stanes and there joyning with those on the South-side marched in one body to their Ships through Surrey laden with spoils refreshing themselves in Kent all the Lent After Easter they went into the East parts of England marching to Ringmere near Ipswich where Duke Ulfketel resided On the first of May they fought a set battel with him where in the heat of the battel the East-English turned their backs on Turketel a Dane beginning the fight but the Cambridgeshire men fighting manfully for their Country and Liberty resisted the Danes a long time but at last being overpowred with multitudes they likewise sleâ— Many Nobles and Officers of the King and an innumerable multitude of people were slain in the fight The Danes gaining the victory and thereby east-East-England turned all Horsemen and running through the Country for three Months space burnt Cambridge Thetford with all the Towns and Villages in those parts slew all the people they met with as well Women and Children as Men tossing their very Infants on the tops of their Pikes wasted pillaged all places killing the Cattel they could not eat and with an infinite rich booty their Footmen returned to their ships But their Horsemen marching to the River of Thames went first into Oxfordshireâ— and from thence into Buckingham Hertford and Bedford Shires burning Villages and killing both Men and beasts and wholly depopulated the Country then they retired laden with very great booties to their ships After this about the Feast of St. Andrew they rambled through Northamptonshire burning and wasting all the Country together with Northampton it self then marching Westward into Wiltshire they burnt pillaged depopulated the Country leaving all those Counties like a desolate Wilderness there being none to resist or encounter them after their great victory at Ringmere The Danes having thus wasted and depopulated East England Essex Middlesex Hertford Buckhingham Oxford Cambridge Shires half Huntindonshire most of Northamptonshire Kent Surrey Sussex Southampton Wiltshire and Barkshire with Fire and Sword King Ethelred et Regni sui Magnates and the Nobles of his Realm thereupon sent Ambaâ—â—adors to the Danes desiring peace from them and promising them Wages and Tribute so as they would desist from depopulating the Realm Which they upon hearing the Embassadors consented to yet not without fraud and dissimulation as the Event proved For although proviâ—ions and expences were plentifully provided for them and Tribute paid them by the English according to their desires yeâ— they desisted not from their rapines but marched in Troops through the Provinces wasting the Villages every where spoiling most of the miserable people of their goods and some of their lives At last not satisfied with rapine and bloodshed between the Feasts oâ— St. Mary and St. Michael they besieged Canterbury contrary to their dear bought peace and by the treachery of Archdeacon Almear took the City which they pillaged and burnt to the ground together with the Churches therein burning some of the Citizens in the fire slaying others of them casting many of them headlong over the Walls dragging the VVomen by the hair about the streets and ravishing and murdering them After which they decimated the Men VVomen Monks and little Children that remained leaving only the tenth of them alive and murdering the rest slaying no less than 900 Religious persons and above 8000 oâ—â—ers in this manner as some of our Historians relate Mr. Lambard in his Perambulation of Kent computeth that ther were massacred 43. thousand and two hundred persons in this Decimation there being only 4 Monks and 4800 Lay-people saved alive The Archbishop Alfege they took prisoner bound in chains buffeted grievously wounded and then carried to their Fleet where they kept him prisoner 7 Moneths At last they propounded to him that if he would enjoy his life and liberty he should pay them 3000 pounds for his ransom which he refusing to do Week after Week prohibiting any others to give them any thing for his ransom they were so inraged with him that bringing him forth publikely to their Council at Greenwich they struck him down to the ground with their battel Axes Stones and the Bones and Heads of Oxen and at last one Thrum whom he had confiâ—med but the day before moved with an impious piety cleft his head with an Axe and so martyred him The Londoners hearing of it purchased his dead corps with a great sum of money and honouâ—ably interred it But above 2000 of these bloody Villains were in short time after destroyed wiâ—h grievous diseases VVhiles these things were acted by the Danes in Kent Anno 1012. perfidious Duke Edric et omnes cujuscunque Ordinis et Dignitatis Primates Congregati and all the Nobles of every Order and Dignity aâ—â—embled together at the City of London continuing there til they had levied and â—aid to the Daneâ— a Tibute of forty as some or forty eight thousand pounds as others write upon this condition That all the Danes within the Realm should have everywhere a peaceable habitation with the English and that there should be as it were one Heart and one Soul of both people as Matthew Westminster Daniel and some others record the Agreement Which Accord being ratified on both sides with Pledges and Oaths as Matthew Westminster and others relate King Swain as some Historians write though others mention not his being here in person but only by his Commanders returned into his own Land and so â—he rage of the Danish persecution ceased for a short space Upon this agreement 45 of the Danish ships under the command of Turkill the Danish General submitted themselves to King Ethelred promising That they would defend England against strangers and forein invasions upon this conâ—dition that the English should find them victuals and cloaths Henry Huntindon censures this accord with the Danes as made overlate Tunâ— vero Rex nimis serò pacem feciâ— cum Dacorum exercitu dans eis 8000 misprinted for 48000 librarum nunquam enim tempore oportuno pax fiebat donec nimia contritione terra langueret To what extremities King Ethelred was put to raise this and the other forementioned Tributes to the Dâ—nes and to pay his own Captains besides and how much the Monasteries were taxed oppressed exhausted of all their moneys plaâ—e wealth by the King his Officers and the Danes
or Orencester not Winchester the 4th year of his reign wherin by the Counsel of Queen Emma and of his Bishops and Barons he placed Monks in the Monasterie of Bederichesiorthe where St. Edmund was interred and endowed the Monastery of St. Edmond with so many farmes and other goods as made it one of the richest in all England as those Historians witness Whose Name and date the ignorant comâ—iler oâ— this Manuscript mistook whose Antiquitie and reputation is very suspiâ—ious as Sir Henry Spelman informs us First because Sir Henry could never gain the sight of it from Sir Edward Cook though he oft-times promised to lend it him to peruse for his satisfaction And that which dares not abide the sight and test of such a judicious learned Antiquary when desired may justly be deemed an Imposture 2ly Sir Henry Spelman conceives the Author of this Manuscript writ not before the end of King Henry the 3d if so soon seeing he calls the Great Council of the Realm so frequently a Parliament which Title was not given it in Manuscripts or Historians till the end of King Henry the 3d. or aâ—ter his reign And Wigorniensis Matthew Westminster Hoveden and Simeon Dunelmensis all stile it onely CONCILIUM not Parliamentum 3ly Because he certainly mistakes in his Chronology in making Aegelnoth Archbishop of Canterbury in the reign of King Hardecnute when as he died and Eadsi was made Archbishop thereof two years before Hardicnuâ—es reign which Eadsi crown'd him King as Matt. Westminster An. 1038. together with Matthew Parker and Godwin attest And therefore he might as grosly mistake in other things 4ly It appears by the recital it self that it was writ above 130 years at least after this Council under Cnute because it recites it preceeded the Decrees made so long after under Pope Eugenius An. 1150. 5ly The form of the Prologue Haec sunt Statuta c. coupled with ad suum convocans Parliamentum in suo publico Parliamento and aliis Episcopis ipsorum Suffraganeis prove it not to be written before King Edward the first his reign when such phrases came first in vse Sir Edward Cooke himself informing us in his Epistle that in Cnute his reign such State-Assemblies were stiled Uenerandum Concilium Sapientum sic enim apuâ— majores Parliamentum illud Latine redditur 6ly Becauâ—e it â—ubjoins cum quamplurimis gregarâ—s militibus ac cum populi multitudine copiosa as if â—hey had been personally present in this Parliamentary Council as well as the Archbishops Bishops Abbots Dukes and Nobles of which there is not one syllable in our four antient Historians which mention this Council at Cirencester Neither can these Gregarii milites be intended Knights of shires nor populi multitudine copiosa Commoners or Burgesses elected to serve in Parliament by and for the people as Sir Edward Cooke and others fancy there being no mâ—ntion of any such chosen Kngihâ—s of Counties Citizens Burgesses or Commons in that or succeeding ages till about the reign of King Hâ—nry the 3d. but only ordinary Souldiers and the Vulgar sort of people admitted to be present in the Council at the reading and passing of the Charter to St. Edmond as they are now admitted into the Lords House together with the Knights and Burgesses at the beginnings and ending of our Parliaments and upon publike Trials Conferences and Occasions at which times there are more common people ten to one usually present to see and hear what is acted who are no members then there are Members of the Commons House which never sate together with the Lords for ought appears much less in this Parliament as some confidently inferr â—rom this Spurious Aâ—tiquity which Sir Edward Cooke little versed in Antiquities and oft mistaken in them so much magnifies and insists on In the year of Christ 1021. King Cnute uppon occasions and offences taken by him banished Duke Turkell to whom he had formerly committed East England with Edgitha his wife and Hirc Duke of Northumberland out of England Turkell no sooner arived in Denmark but he was there slain by the Dukes of the Country by divine vengeance he being a chief inciter of the death of St. Alphege The English Danes An. 1022. in Colloquio apud Oxoniam celebrato de Legibus Regi Edwardi prâ—mitenendis coucorâ—es facti sunt Unde â—isdem Legibus jubente Rege Cnutone ab Anglica lingua in Latinam translatis tà m in Dania quà m in Angliaâ— propter earum aequitatem à Rege praefato observari jubentur as Mat. Westminster relates Anno 1022. So as he imposed no New Laws on them nor revived old but only by common consent in a Parliamentary Council both of English and Danes King Cnute in the year 1023. did so carefully endeavour to reform all things wherein himâ—elf or his Ancestors had offended as he seemed to wipe away Prioris Injustitiae Naevum the Blot of his former Injustice as well with God as with men And by the exhortation of Queen Emma studying to reconcile all the English to himself he bestowed many Gifts upon them et insuper bonas Leges omnibus et placentes promisit and moreover promised good and pleasing Lawes to all The best means to win and knit the peoples hearts Anno 1024. Cnute leading an Army of English and Danes against the Swedes whereof he lost many in the first battel the next day when he appointed again to fight with them Earl Godwin General of the Enlish Militia without King Cnutes privity resolved with his English forces alone to invade the Swedish Enemies in the night Whereupon using this Speech to his Souldiers ut pristinae gloriae memores robur suum oculis novi Domini assererent c. they alâ— valiantly assaulted the Enemies at unawares put them all to flight slew an innumerable multitude of them and compelled the Kings of that Nation Ulf and Eglaf to yield to terms of Peace Cnute preparing to fight very early the next morning thought the English had been either fled away or revoâ—ted to the Enemies but marching to the Enemies tents and finding nothing but the bloud and carcasses of those the English had slain he thereupon ever after had the English in great esteem who by this their Victory Comitatum Duci sibi laudem paraverunt writes Malmsbury Cnute returning joyfull of this Victory into England and bestowing an Earldom on Godwin for this Service In the year 1027. Cnute hearing that the Norwegians disesteemed Olaus their King by reason of his simplicity bribed his Nobles with great sums of gold and silver to reject Olaus and elect him for their King which they promising to do the next year he failed into Norwey with 50 ships thrust Olaus out of his kingdom by consent of his Nobles and subdued his Realm to himself wheâ—ce returning into England An. 1029. Hâ—conem Danicum Comitem quasi Legationis causa in Exilium misit
Earl much benefited the King and people whiles he lived Algarus his son succeeding him in the Earldom of Mercia in the year 1058. was banished the second time by Kiâ—g Edward but by the assistance of Griffin King of Wales and help of the Norwâ—y fleet which beyond expectation came to assist him he suddenly recovered his Earldom again by force of which he conceived himself unjustly deprived against Law Griâ—fin King of Wales having contrary to his former league and agreement invaded infested England slain the Bishop of Hereford burnt the City â—arrowed the Country and twice assisted Earl Algarus against King Edward thereupon Anno 1063. Duke Harold by King Edwards command marched hostilely into Wales with his forces to infest Griffin who having notice of his comming took Ship and hardly escaped his hands Hereupon Harold raised a greater Army and likewise provided Ships and furniture after this his brother Tosti and he joyning their forces together by the Kings command began to depopulate Wales and invaded it both by Sea and Land whereupon the Welshmen compelled by necessity gave them Hostages and promised That they would thenceforth pay a Tribute to K. Edward as their Soveraign and banish their King Griffin whom they expelled accordingly that year and An. 1064. they cut off their King Griffins head and sent it unto Harold who presently transmitted it to K. Edward whereupon the King made Griffiâ—s Brothers Blethagent and Redwallo Kings over the Welshmen to whom he gave that land who sware Fealty to King Edward and Harold et ad imperium illorum mari terraque se fore paratos ac omnia quae prius de terra illa Regibus anterioribus fuâ—rant pensa obedienâ—er se pensuros responderunt as Wigorniensis Hoveden Simeon Dunelmensis and others record their Oath The next year Tosti Earl of Northumberland moved with envy against his Brother Harold in the Kings own presence at Winsore took Harold by the hair as he was drinking wine to the King and violently struck the Cup out of his hand using him most dishonourably all the Kings Houshold admiring at it Upon which Harold provoked to revenge taking Tosti between his arms and lifting him up on high threw and dashed him violently against the pavement At which sight the Souldiers round about ran in on all â—ides and parting the began fray perforce between these Brothers and stout Warriers severed them one from the other But the King upon this predicted that the destruction of these two Brothers was now near at hand and that their deadly feud was not long to be deferred For all the sons of the Traytor Earl Godwin were so ungracious covetous oppressive and so extremely unjust that if they had seen any fair Manner or Mansion place they would procure the owner thereof to be slain in the night withall his posterity and kinred that so they might get possession thereof for themselves Who notwithstanding which their soft and honied speeches although they were but swords did so circumvent the over-credulous simplicity of King Edward that after many enormous wickednesses committed by them he made them Râ—gni Iusticiarios Regni Rectores Dispositores both Justices Rulers and Disposers of the kingdom and likewise Generals and Admirals of his forces both by Land and Sea The many acts of Injustice committed by the sway of power and passion by Earl Godwin and his sons proportionate greatness and the Kings weakness did much blacken that bright time of Peace and made a good man not by acting but induring ill held to be a bad King Tosti after this contest and quarrel with his brother Harold departing in a rage from the Kings Court and comming to the City of Hereford where his Brother Harold had provided a great intertainment for the King slew and cut all his Servants in pieces and put either a legg arm or some other member of their bodies thus mangled into every vessel of wine meade bear and other sorts of liquors he there found wherin they lay steeping stopping up the Vessels again Which done he sent word to the King that when he came to his Farm at Hereford he should find his flesh well powdâ—red and that he would provide him sweetmeats The King being informed of this his barbarous villany and scoff commanded that he should be banished for this detestable wickedness which he abhorred Soon after Tosti departing into Northumberland about the 5. of October divers Gentlemen and others of that Country assembling together came with about 200â— armed men to York where Tosti then resided both to revenge the execrable murder of some Noble Northumberlanders servants to Goâ—patriâ— whom Queen Egitha in the cauâ—e of her brother Tosti had commanded treacherously to be slain on the 4th day of the precedent Christmass and of Gamel the son of Orâ—e and Ulfe son of Delfin whom Tosti the year before had commanded to be treacherously murdered in his chamber at York under pretext of making a Peace with them necnon pro immanitate Tributi quod de tota Northimbria injuste acceperat as also for the excessiveness of the Tribute which he had unjustly received out of all Northumberland without their common consent and grant These chasing the Earl himself out of the Country pro contuitu Ducatus 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 pâ—sse 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 knâ—w to obey if they were sweetly handled But all of them unanimously refused any reconciliation at all with Tosti
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 Tiâ—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 Lillâ—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 â—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 milâ—tary services in forein partsâ— 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 â—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 gaâ—hered such a masse of money as was sufficient to defray the war Besides Fitz Osburne promiâ—ed to furnish 40 ships at his own charge the Bishop of Bayon 40. the Bishop of Mauâ— 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 Lanâ— 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 â—ail fell â—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 â—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 Oâ—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
familiarissimus et postea cum Cnuto filio suo Conductus est ergo quidam maximus satellitum dicti Ducis Edrici nomine Normannus sanguine summe clarus filius videlicet Comitis Lefwini et Frater Leofrici nobilis Comitis Leicestriae dato sibi prout postulabat manerio de Badby ad terminum 100. annorum Ille dictum manerium acceptans tenere de Sancto Guthlaco per firmam in grano piperis per annum in festo S. Bartholomaei singulis annis persolvendo fideliter promittebat et se futurum procuratorem ac protectorem Monasterii contra omnes adversarios confecto inde chirographo obligabat Valuit illud Monasterio aliquanto tempore scilicet omnibus diebus vitae suae By which passages it is apparent what Taxes exactionâ— â—reâ—sures the Monasteries and others suffered both from King Ethelred his Captains and Officers on the one side and from the Danes on the other side and how they were enforced to hire and bâ—ibe great Souldiers and Courtiers by leases and monies to protect them from utter ruine Iohâ— Speed affirms That the Clergy as backward as any denied to King Ethelred their assistance pleading their exempâ—ions from warr and privileges of the Church when the land lay bleeding and deploring for help and scandalized all his other proceedings for demaâ—ding their aydes But this passage of Abbot Ingulphus so near that age out of the Register Books of Croyland whereof he was Abbot not long after proves they paid great annual contributions to the King and his Officers which consumed all their money plate Jewels Chalices and the very shrines of their Saints notwithstanding all Charters and exemptions And as for the Laity William of Malmsbury Radulphus Cistrensis Mr. Fox and others write That King Ethelred had such a condition that he would lightly dis-inherit Englishmâ—n of their lands and possessions and caused them to redeem the same with great sums of money and that he gave himself to polling of his Subjects and framed Trespasses for to gain their money and goods for that he paid great Tribute to the Danes yearly Whereby he lost the affections of the people who at last deserted him and submitted themselves to the Danish Invaders who usurped the Soveraign power and forced him out of England with his Queen and Children These Unrighteous Oppressions Dis-inherisons and Exactions of his were specially provided against by his Nobles Prelates and VVisemen in the Councils of Aenham and Habam forecited by special Laws and special excellent Prayers and Humiliations prescribed to be made to God to protect them from his judgements and the invading oppressing bloody Danes worthy perusal yet pretended necessities and VVar laid all those Laws asleep In the year of Christ 1013. the very next after the Englishmens dearest purchased Peace which the perfidious gold-thirsty Danes never really intended to observe King Swain by the secâ—et instigation of Turkel the Dane whom King Ethelred unadvisedly hired to guard him with his Danish shiâ—s from forein Invasions who sent him this Message Angliam praeclaram esse patriam opimam sed Regem stertere illum Venâ—re Vinoque studentem nihil minus quà m bellum cogitare Quapropter odiosum suis ridiculum alienis Duces invidos Provinciales infirmos primo stridore Lituorum proelâ—o cessuros arrived at Sandwich with a great Fleet and Army of Danes in the Moneâ—h of Iuly where resting themselves a few days he sailed round the East parâ— of England to the mouth of Humber and from thence into the River of Trent to Gainsborough where he quitted his ships intending to waste the Country Hereupon first of all Earl Uhtred the Northumbriaâ—s with those of Lindesey presently without delay and after them the Freelingers with all the people in the Northern parts of Watlingstreet having no man to deâ—fend them yeelded themselves up to Swain without striking one stroke and establishing a peace with him â—hey gave him Hostages for their loyalty and swore Fealty to him as their Soveraign Whereupon he commanded them to provide horses and victuals for his Army which they did William Malmesbury observes that the Northumbrians thus unworthily submitted to Swanâ— his Government Non quod in eorum mentibus genuinus ille calor Dominorum impaâ—iens refrigueriâ— sâ—d quod Princeps eorum Uthredus primus exemplum defectionis dederit Whose example drew on all other parts Illis sub jugum missis coeteri quoque omnes â—opuli qui Angliam ab Aquilone inhabitant vectigal et obsides dederunt A very strange and sudden change conqâ—est without a blow Swain committing his Navy and Hostages to his son Cnute raised chosen Auxiliaries out of the English who submitted to him and then marched against the Southern Mercians Having passed Watlingstreet he by a publike Proclamation commanded his Soldiers to wast the Fields burn the Villages cut down the Woods and Orchards spoil the Churches kill all the Males that should come into their hands Old and Young without shewing them any mercy reserving only the Females to satisfie their lusts and to do all the mischiefs that possibly they could act Which they accordingly executed raging with beastly cruelty Marching to Oxford he gained it sooner than he imagined by surrender taking Hostages of them He posted thence to Winchester Where the Citizens extraordinarily terrified with the excessiveness of his cruelty immediately yeelded and made their peace with him they and the whole Country giving him such and so many hostages as he desired for his security and likewise swearing allegiance to him Only the Londoners defending their lawfull King within their walls shut the Gates against him From Winchester Swain marched with great glory and triumph to London endeavouring by all means either to take it by force or surprize it by fraud At his first arrival he lost many of his Souldiers who were drowned in the River of Thames through overmuch rashness because they would neither seek for Bridge nor ford to pass over it King Ethelred being then within the City and having no other refuge the Citizens closing their Gates manfully defended their lawfull King and City against the assailants Who encouraged with the hope of glory and great booty fiercely assaulted the City on all sides but were all most valiantly repulsed by the Citizens through the assistance of valiant Earl Turkel then within it the Danes sustaining great loss of men who were partly slain and partly drowned the Citizens not only repulsing them from the Walls but likewise â—allying forth and slaying them by heaps so that Swain himself was in danger to be slain had he not desperately ran through the midst of his Enemies and by flight escaped their swords Malmesbury thus writes of the Citizens Oppidani in mortem pro Libertate ruebant nullam sibi veniam futuram arbiâ—rantesâ— si Regem desererent quibus ipse vitam suam commiserat Iâ—aque cum â—trinque acâ—â—ter ceâ—taretur Iustior causa victoriam habuit
regno hominum cui voluerit dat illud FIT MAGNUS CORAM REGE EPISCOPORUM PROCERUMQUE CONVENTUS magnus plebis vulgique concursus quia jam futurae cladis indicia saeva praecesserant AGITUR INTER EOS DE REGNI STATU TRACTATUS Deinde Rex successorem sibi designarâ— desiderans QUID SINGULIS QUI DVE OMNIBUS VIDERETUR EXPLORAT Pro diversorum diversa senentia res pendebat in dubio Alii enim Eadmundum ob invictissimum robur corporis caeâ—eris aestimant praeferendum alii ob virtutem Normannici geneâ—is Aluredum promovâ—ndum tutiùs arbitrantur Sed futurorum omnium praescius prioris brevissimam vitam alâ—erius mortem immaturam prospiciâ—ns in pueruÌ„ nec dum natuÌ„ UNIVERSORUM VOTA CONVERTIT Vtero adhuc clauditur in Regem eligitur non natus natis praefertur quem nec dum terra susceperat terrae dominus designatur Praebet electâ—oni REX CONSENSUM laeti PRAEBENT PROCERES SACRAMENTUM inusitato miraculo IN Ejus FIDELITATE JURARUNT qui utrum nasceretur ignorarunt Tua haec sunt oâ—â—ra Christe Jesu qui omnia operaris in omnibus qui electum dilectum tibi anâ—e mundi constitutionem plebis tui rectoâ—em hiis indiciis declarasti quem liâ—èt per illos non tamen illi sâ—d tu potius elegisti Quis enim non videat â—ec aptum usui nec conveniens tempoâ—i nec consonum rationi nec humano ferendum fuisse sensui us omissis filiâ— lâ—giâ—imâ—s adultis hostili gladio imminente parvulus necdum natus ELIGERETUR IN REGEM quem in tali nâ—cessitate nâ—c hostes mâ—tuerent nec cives revererentur Sed omnipotens Deus Spiritum prophesiae vâ—ci simul affectui plebis infudit praesentia malâ—spe futurae consolationis temperans ut sciant omnes in totius regni consolatâ—onem regem futurum quem ab ipso Deo plebe nesciente quid fecerit nullus dabitaret electum Saevibat interim gladius hostilis in Anglia caedibus rapinis omnia replebantur ubique luctus ubique clamor ubique desolatio Incenduntur ecclesiae monasteria devastantur ut verbis propheticis utar effuderuâ—t sanguinem sanctorum in circuitu Jerusalem non erat qui sepeliret Sacerdotes suis fugati sedibus sicubi pax quies aliqua in monasteriis vel locis desertis invâ—niebatur communem miseriam deplorantes delitescebant Inter quos vener abilis Bryghtwaldus Wintoniensis Episcopus caenobium Glastoniense maerens tristis ingressus orationibus vacabat psalmis Qui cum aliquando pro Regis plebisque liberatione preces lacrymasque profunderet quasi in haec verba prorumpens Et tu inquit Domine usque quo usque quo avertis faciem tuam obliviscens inopiae nostrae tribulationis nostrae Sanctos tuos occiderunt altaria tua suffoderunt non est qui redimat neque qui salvum faciat Scio Domine scio quia omnia quae fecisti nobis in vero judicio fecisti sed nunquid in aeternum projiciet Deus non opponet complacitus sit adhuc erit ne Domine Deus meus erit ne finis horum mirabilium aut in aeternum tuus in nos mucro desaeviet percutias usque ad internecionem Inter prices tandem lachrimas â—atigatum soper suavis excepit viditque per somnium caelâ—stem chorum cum lumine beaâ—issimumque Petrum in â—minâ—nti loco constitutum dignum tantae majestati habiâ—um praeferentem Videbaâ—ur ante eum vir praeclari vultus in forma decenâ—i regalibus amictus insigniis quâ—m cum pâ—opriis manibus Apostolus censecrasset uuxissâ—t in regemâ— monita saluâ—is adjicit praecipuâ—quâ— caelibâ—m vitam commendans quot esset annos regnaturus apeâ—uit Oâ—stupefactus Praesul tanti novitate miâ—aculi petit sibi à sanâ—â—o visionis hujus mysterium revelari de statu insuper regni instantis â—ine periculi apostolicum exegit oraculum Tunc factus vulâ—u placido in tuins inâ—uentem Domini inquit o Praesul Domini est regnum ipse dominatur in filiis hominum Ipse transfert regna mutatimperia propter peccata populi regnare facit hypocritam Peccatum pâ—ccavit populus tuus Domino tradidit eos in manus Gentium dominati sunt etiam qui oderunt eos Sed non obliviscitur misereri Deus nec continebit in ira sua milericordias suas Erit enim cum dormis cum patribus tuis sepultus in senectute bona visitabit Dominus populuÌ„ suuÌ„ faciet redemtionem plebis suae Eliget enim sibi viruÌ„ secundum cor suum qui faciet omnes voluntates suas qui me opitulante regnuÌ„ adeptus Anglorum Danico furori finem imponet Erit enim acceptus Deo gratus hominibus amabilis civibus terribilis hostibus utilis ecclesiae Qui cum praescriptum terminuÌ„ regnandi in justitia pace compleverit laudabilem vitam sancto fine concludet Quae omnia in beato Edwardo completa râ—i â—xiâ—us comprobavit Expergefactus Pontifâ—x ruâ—sus ad preces lacâ—imasque convertitur licet faelicitatâ—m suae gentis non esset ipse visurus de malorum tamen fine câ—rtus effectus gratias agens Deo plurimum gratulabaturâ— Faâ—tus igitur animaequior populis poeniâ—entiam praedicabat quibus Dâ—us misericordiam non defuturam constantissimâ— pollicabaâ—ur From these passages whether reall as manâ— as fictitious as some repute them I shall onely observe these reall Truths 1. That in King Eâ—helreds reign great Parliamentary Councils were usually assembled to consult of the weighty affairs state if not succession of the Realm of England 2. That godly men in all ages have been deeply affected with the misery exile disinheriting and exâ—irpation of the Royal Issue and Posterity by invading forreign usurpers and with the oppressions of their native countrey under their usuâ—ped power and have poured forth frequent and fervent prayers unto God in secreâ— for their restitution and relief 3. That the Nobility Clergy and people of England have ever had a propense naturall inclination and affection to the true royall Blood and Posterity of the Nation though forcibly constrained to abjure and renounâ—e them for a season by prevailing Intruders electing them for their Kings and preferring them before all others upon the very next opportunity to vindicate their rights and liberties and rejecting the usurpers and their race 4. That though the Kings of England were usually reputed hereditary yet in truth they were for the most part actually elected by the Prelates and Nobles in parliamentary Councils and appointed by the generality of the Clergy and people and had oaths of allegiance given to them by their subjects 5. That God doth many times beyond all probability and expectation restore disinherited Princes to their Crowns of which they have been â—orcibly deprived after many years dispossession and withouâ— any wars or effusion of blood even by the Nobles and peoples own voluntary choice and
of the Nobles and common Souldiers were so incensed that detesting the covetousness of their Prince they unanimously deparâ—ed from his service and refused to march wiâ—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 buâ—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 pluâ—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 anâ— he drowned in it Whereunto the Duke replyed That man was not wise who had more regard â—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 Souldieâ—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 innâ—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 wâ—re not come togetherâ— 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 Gentlâ—men and Freemen who