Kenulph After the decease of her father the Tort Feasor 4ly That the same cause and complaint was revived continued ended in succeeding that rested undecided and unrecompensed in former Councils 5ly That Agreements Exchanges and Judgements given upon Complaints in Parliamentary Councils were conclusive and final to the Parties and their Heirs 6ly That Injuries done by the power of our Kings or great Men in one Parliamentary Council as in dividing the Archbishoprick of Canterbury c. were examined redressed by another subsequent Council 7ly That Parliamentary Councils in that Age were very frequently held at least once or twice a year if not interrupted by wars and that usually at Clovesho according to the Decree of the Council of Heartford under Archbishop Theodor That the Bishops once a year should assemble together in a Council at Clovesho as Gervasius Doroberniensis records there being 4 Councils there and elsewhere held in King Beornulfs 4 years reign I find m another Council held at Clovesho in the year 824 the 3. of the Calends of November under Beornulf King of Mercians and Wulfred Archbishop of Canterbury where this King which all his Bishops and Abbots and all the Princes Nobles and many most wise men weâ—e assembled together Amongst other businesses debated therein there was a sute between Heabere Bishop of Worcester and the Nuns of Berclea concerning the inheritance of Aethelfrick Son of Aethelmund to wit the Monasterie called West-Burgh the Lands whereof with the Books the Bishop then had as Aethelfrick had before commanded that they should be restored to the Church of Worcester This Bishop with 50 Mass Priests and 160 other Priests Deacons Monks and Abbots whose names are recorded in the Manuscript swore that this Land and Monastery were impropriated to his possession and Church which Oath with all these fellow swearers he was ordered to take at Westminster and did it accordingly after 30 nights respire Whereupon It was ordained and decreed by the Archbishop all the Council consenting with him that the Bishop should enjoy the Monastery Lands and Books to him and his Church and so that sute was ended and this Decree pronounced thereupon Quapropter si quis hunc agrum ab illâ Ecclesiâ in Ceastre nititur evellere contra Decreta sanctorum Canonum sciat se facere quia sancti Canones decernunt Quicquid Sancta Synodus universalls cum Catholico Archiepiscopo suo adjudicaverit nullo modo fractum vel irritum esse faciendum Haec autem gesta sunt Hi sunt Testes Confirmatores hujus rei quorum nomina hic infrà notantur à die tertio Calend Novembrium Ego Beornulf Rex Merciorum hanc chartulam Synodalis decreti signo sanctae Christi Crucis confirmavi Then follows the Archbishops Subscription and confirmation in like words with the subscriptions of sundry Bishops Abbots Dukes and Nobles being 32 in number all ratifying this Decree An. 833. Egbert King of West-Saxons Athelwulfe his Son Witlasius king of Mercians both the Archbishops Abbots cum Proceribus majoribus totius Angliae with the greatest Nobles of all England were all assembled together at London in a National Parliamentary Council pro consilio capiendo contra Danicos Piratas Littora Angliae assidne infestantes to take Counsel what to do against the Danish Pirates dayly infesting the Sea-Coasts of England In this Council the Charter of Witlasius king of Mercians to the Abbey of Croyland where he was hid and secured from his enemies was made and ratified wherein he granted them many rich gifts of Plate Gold Silver Land and the Privilege of a Sanctuary for all offenders flying to it for shelter which grant could not be valid without a Parliamentary confirmation for he being elected King omnium consensu after the slaughters of Bernulf and Ludican two invading Tyrants cut off in a short time qui contra fas purpuram induerent regno vehementet oppresso totam militiam ejus quae quondam plurima extiterat victoriosissima sua imprudentia perdiderant as Ingulphus writes was enforced to hold his kingdom from Egbert king of West-Saxâ—ns under a Tribute And thereupon conferring divers Lands by his Charter to this Abbey for ever to be held of him his heirs and Successors Kings of Mercia in perpetual and pure Frankalmoigne quietae solutae ab omnibus oneribus secularibus exactionibus vectigalibus universis quocunque nomine censeantur That his grant might be sound and valid he was necessitated to have it confirmed in this Parliamentary Council by the consent of King Egbert and his Son and of all the Bishops Abbots et Proceribus Majoribus Angliae and the greater Nobles of England there present most of them subscribing and ratifying this Charter with the sign of the Cross and their names About the year of Grace 838. there was a Parliamentary Council held at Kingston in which Egbert king of the West-Saxons and his Son Aethelwulfe Ceolnoth Archbishop of Canterbury with the rest of the Bishops and Nobles of England were present Amongst many things there acted and spoken Archbishop Ceolnoth shewed before the whole Council That the foresaid Kings Egbert and Aerhelwulfe had given to Christchurch the Mannor called Malinges in Sussex free from all secular service and Regal Tributes excepting only these three Expedition building of Bridge and Castle which foresaid Mannor and Lands King Baldred gave to Christchurch Sed quia ille Rex cunctis Principibus non placuit noluerunt donum ejus permanere ratum But because this King pleased not all his Nobles they would not that this his gift should continue firm To which Sir Henry Spelman adds this Marginal Note Rex non potuit distrahere patrimonium Regni sine assensu Procerum Wherefore the foresaid Kings in this Parliamentary Council with their Nobles assent at the request of the said Archbishop regranted and confirmed it to Christchurch with this Anathema annexed against the infringers of this grant If any shall presume to violate it on the behalf of God and of us Kings Bishops Abbots and all Christians let him be separated from God and let his portion be with the Devil and his Angols Polydor Virgil records that King Athelwulfe in the year 847. going in pilgrimage to Rome repaired the English School there lately burned down and in imitation of King Ina made that part of his Kingdom which Eghert his Father had added Tributary towards it Legeque sancibit and enacted by a Law made in a Parliamentary Council that those who received 30 pence rent every year out of their possessions or had more houses should pay for those houses they inhabited every of them a penny a peece to the Pope for the maintenance of this School at the Feast of Peter and Paul or at least of St. Peters bonds which Law some writes he though falsely ascribr to his Son Alfred which act others refer to the years 855 or 857 and that
The first moity was for Pious uses which he subdivided into three parts The first parcel he bestowed in Almes to relieve the poor both at home and in forein parts The second he bestowed on Religious Houses and Persons The third he gave towards the maintenance of Schools Scholars Doctors and learned Men of all sorts resorting to and liberally rewarded by him according to their merits The other moity was for civil uses which he likewise divided into 3 equal portions The first he gave unto his Souldiers whom he divided into 3 Squadrons The first Squadron which were Horse waited one month on him at his Court as his Life-guard whiles the other two were imployed in military expeditions in the Field And when their month expired they all returned from the wars and then another new Company succeeded them And when their Month was ended they returning to their Houses the other Company succeeded them And so they successively kept their monthly courses during all his Reign being one month in actual service and two months at home about their own affairs The second part he gave to his Workmen and Artificers of all sorts skilfull in all Worldly affairs The third part he gave to Strangers in Royal Gifts and Presents and that as well to the Rich as Poor Besides he had a very great Care Ne à Vicecomitibus et Ministris pauperes opprimereâ—tur et indebitis exactionibos gravarentur That the poor people should not be oppressed by Sheriffs and other Officers nor burthened with unjust Exactions or Contributions Yea by his large Almes and Gifrs he sent to Rome he procured the English School to be fréed from all Taxes and Tributes by the Popes special Bull. And we never read he imposed the least publick Tax upon his Subjects during all his wars and Exigences by his own Regal Power upon any pretext of publick Necessity Danger Defence or Safety of the Realm against the Numerous Invading plundering Danish forces both by Sea and Land Which our late and present Aegyptian Tax-masters may do well to consider In the year of our Lord 894. this King Alfred and Guthurn the Dane gave to the Church of St. Cutbert in Durham all the Lands between Weor and Tyne for a perpetual Succession free from all Custome and secular Services with all Customes Saca and Socua and infaugtheof thereunto belonging with sundry other Privileges which they ordained to be perpetually observed Non solum Anglorum sed et Danorum consentiente et collaudante exercitu by the consent and approbation of the ARMY not only of the English but Danes also Has Leges haec Statuta which proves that it was done by a Parliamentary Counsell then held in both their Armies Quicunquâ— quolibet nisu Infringere praesumpserint eos in perpetuum nisi emendaverint Gehennae Ignibus puniendos anathematizando Sententia omnium contradidit I pretermit the Welsh Synods held under the Bishops of Landaff during King Alfreds Reign as Sir Henry Spelman conjectureâ— in whom the Reader may peruse them where in the Bishop of Landaff and his Clergy excommunicated some of their petty Welsh Kings for Murder Perjury violating the Churches Patrimony and Injuring the Bishops family who upon their Repentance and Reconciliation gave all of them some parcels of Land to the Church of Landaff The rather because I conceive them fabulous there being no such form of Excommunication used in those daies as Sir Henry Spelman proves nor any such Episcopal Synods held in England under King Alfred himself The barbarous Danes having throughout all England with fire and sword utterly wasted and destroyed all Cities Towns Castles Monasteries Churches put most of the Bishops Abbots Clergy to the Sword and almost quite deleted the knowledge of Learning and Religion out of the whole Nation insomuch that there were very few spiritual persons on this side Humber who could either understand the Common prayers in the English tongue or translate anywriting out of latine into English yea so few that there was not so much as one man on the South-side of the Thames that could do it till King Alfred after his Conquest of the Danes in the latter part of his Reign restored Learning and Religion again by Degrees as this King himself records in expresse terms in his Epistle to Bishop Wulsug by way of Preface to his own Translation of Gregories Pastorals into the English Saxons Language King Alfred deceasing his Son Edward surnamed the Elder succeeding his Father in the year of Christ 901 thereupon Prince Aethelwald his Uncles Son aspiring to the Crown without the consent of the King and Nobles of the Realm seised upon Oxlie and Winburne whereupon King Edward marching with his Armie against him to Bath he fled from Winburne to the Danes in Northumberland for assistance who being glad thereof they all make him King and Prince over all their Kings and Captains Whereupon they invading Essex and Mercia King Ed. raised a great Army chased them into Northumberland and harrowed the whole Country to the Lakes of Northumberland where the Kentishmen remaining contrary to the Kings Command and Messengers sent to them after the retreat of the rest of the Army The Danish Army upon this advantage setting upon them they gallantly defending themselves slew their new King Aethelwald with King Eorit and sundry of their chief Commanders and many of their Souldiers though they lost the field This King and Edelfled his Sister Queen of Mercians to prevent the frequent eruptions plunders the Danes repaired many old ruinated Towns and built many new ones in convenient places which they replenished with Souldiers to protect the Inhabitants and repell the Enemies whereby the Common people weâ—e so incouraged and became such good Souldiers that if they heard of the Enemies approach they would fight and rout them Rege etiam Ducibus inconsultis in certamen ruerent eisque semper numero scientia praeliandi praestarent ita hostes contemptui militâ—bus Regi risui erant as Malmesbury writes The Country people themselves fighting with the Danes at Ligetune put them to flight recovered all the prey they had taken and likewise the Danes Horses as they likewise did in some other parts Amongst other places this King repaired the walls of Colchester put warlike men in it certum eis stipendium assignavit and assigned them a certain stipend as Mat Westm records neither he nor other our Historians making mention of assigned wages to any other Garrisons or Souldiers in that age At last the Danes in most places throughout England perceiving King Edwards power and wisdom submitted themselves unto him elected him for their King and Patron and swore homage and fealty to him as likewise did the Kings of Scotland Northumberland and Wales In the year of Grace 905. This King Edward assembled a Synod of the Senators of the English Nation as Malmesbury or a great Council of Bishops Abbots and faithfull people
them with great loss from their walls Wherewith they being extremely enraged marched through all Devonshire burning the villages wasting the fields and slaying the people without distinction of age or sex after their usual manner Whereupon the inhabitants of Devon Somerset and Dorsetshires uniting their forces in a Body in a Place called Penho gave them battel but being overpowred by the multitude of the Danes who farr exceeded them both in number and military skill they were forced to flie and many of them slain The Danes thereupon getting their horses harrowed Devonshire farr worse than before and returned with a great booty to their ships Whence steering their course to the Isle of Wight they preyed sometimes upon it sometimes upon Hampshire other times upon Dorsetshire no man resisting them Destroying the men with the sword and the Villages and Towns with fire in such sort ut cum illis nec classica manus navali nec pedestris exercitus certare audeat praello terrestri for which cause the King and People were overwhelmed with unspeakable grief and sadness In this sad perplexity King Ethelred Anno 1002. Habito consilio cum regni sui Primatibus as Florentius Wigorniensis Simeon Dunelmensis Radulphus de Diceto Roger Hoveden and others express it or Consilio Primatum suorum as Mat. Westminster and his followers relate it By the Counsel of the Nobles of his realm assembled together for this purpose at London reputed it beneficial for him and his people to make an Agreement with the Danes and to give them a Stipend and Pacifying Tribute that so they might cease from their mischiefs For which end Duke Leofsi was sent to the Danes who coming to them importuned them that they would accept of a Stipend and Tribute They gladly embracing his Embassy condescended to his request and determined how much Tribute should be paid them for to keep the peace Whereupon soon after A Tribute of 24000 pounds was paid them pro bono Pacis for the good of Peace In this Assembly and Council as I conjecture King Ethelred informed his COUNSELLERS who instructed him both in divine and humane things with the sloathfulness negligence and vicious lives of the Secular Priests throughout England and by their advice thought meet to thrust them out and put Monks in their places to pour forth prayers and praises to God for him and his people in a due manner Whereupon he confirmed by his Charter the ejection of the Secular Priests out of Christs-Church in Canterbury and the introduction of Monks in their places and ratified all the lands and privileges formerly granted them exempting the Monastery and Lands thereof from all Secular services except Expeditione Pontium operatione et Arcium reparatione Beseeching and conjuring all his lawfull Successors Kings Bishops Earls and people that they should not be Ecclesiae Christi Praedones sed sitis Patrimonii Christi defensores seduli ut vita et gaudio aeternis cum omnibus Dei sanctis in aeternum fruamini Which Charter was ratified by the Subscriptions of the King Archbishop Bishops Aâ—bâ—ts and of several Aeldermen Nobles and Officers and the sign of the Cross This year Duke Leofsi slaying Esric a Nobleman the Kings chief Provost was judicially banished the Realm by the King for this offence After this Peace made with the Danes Anno 1002. Emma ariving in England received both the Diadem and name of a Queen whereupon King Ethelred puffed up with pride seeing he could not drive out the Danes by force of arms contrived how to murder and destroy them all in one day by Treachery at unawares either by the sword or by fire because they endeavoured to deprive him and his Nobles both of their Lives and the Realm and to subject all England to their own Dominion The occasion time and manner of whose sudden universal Massacre is thus related by Mat. Westminster An. 1012. though acted An. 1002. as all accord and by Mr. Fox and others Huna General of King Ethelreds Militia a valiant warlike man who had taken upon him the managing of the affaris of the Realm under the King observing the insolency of the Danes who now after the peace made with them did so proudly Lord it through all England that they presumed to ravish the wives and daughters of Noblemen and every where to expose them to scorn by strength caused the English husbandmen to soyl and sow their land and doe all vile labor belonging to the House whiles they would sit idely at home holding their wives daughters and servants at their pleasure and when the husbandmen came home they should scarcely have of their own as his servants had So that the Dane had all at his will and fill faring of the best when the owner scarcely had his fill of the worst Thus the common people being of them oppressed were in such fear and dread that not only they were constrained to suffer them in their Doings but also glad to please them and called every one of them in the House where they had rule LORD DANE c. Hereupon Huna goeth to the King much perplexed and makes a lamentable complaint to him concerning these things Upon which the King being not a little moved by the Counsel of the same Huna sent Letters or Commissions unto all the coasts of the Realm commanding all and every of the Nation that on one day after to wit on the Feast of St. Brice the Bishop all the Danes throughout England should be put to death by a secret Massacre that â—o the whole Nation of the English might all jointly and at one time be freed from the Danish Oppression And so the Danes who by a firm covenant sworn unto by both sides a little before ought to have dwelt peaceably with the English were too opprobriously slain and the women with their children being dashed against the posts of the houses miserably powred out their souls When therefore the sentence of this decree was executed at the City of London without mercy many of the Danes fled to a certain Church in the City where all of them were slain without pity standing by the very Altars themselves Moreover that which aggravated the rage of this persecution was the death of Guimild Sister of King Swain slain in this manner in England she was lawfully maried to Count Palingers a Noble man of great power who going into England with her husband they both there received the faith of Christ and Sacrament of baptism this most prudent Virago being the mediatrix of the peace between the English and Danes gave her self with her husband and only son as Hostages to King Ethelred for the security of the peace she being delivered by the King to that most wicked Duke Edric to keep that Traytor within few days after commanded her husband with her son to be slain before her face with four spears and last of all commanded her to be beheaded She underwent
Bedford Huntindon Northampton Lincoln Nottinghaem and after that Northumberland Which Edmond being informed of returned to London to his Father and Earl Uhtred returning home being compelled by necessity repaired to Cnute and submitted himself to him with all the Northumbrians making a Peace with him and giving him hostages for performance thereof and for his and their fidelity Not long after Uhtred and Turketel Earls of Northumberland were both treacherously slain by Turebrand a Dane by Cnutes command or Commission Which done Cnute made one Hirc some stile him Egric Earl of Northumberland in his place and then returned with all his army to his Ships in triumph a little before the feast of Easter with a very great booty Not long after King Ethelred born to troubles and mischief after manifold labours vexations treacheries and incessant tribulations ended his wretched life in London where he died May 9th Anno 1016. being there buried in St-Pauls Church finding rest in his Grave by death which he could never find in his Throne all his life having attained it by Treachery and his Brothers Soveraigns murder whose Ghost as Malmesbury and others write did perpetually vex and haunt him all his reign and made him so subject to and fearfull of plots and treacheries that he knew not whom to trust nor ever deemed himself secure even in the midst of his oft raised Armies Nobles People though ready to adventure their Lives for his defence I have related these Passages of the Danish wars and invasions during Ethelreds reign more largely than I intended 1. Because on the Englishmens parts they were meerly defensive of their Native Country King Laws Liberties Properties Estates Lives against forein Invaders and Uâ—urpers 2ly Because they more or less relate to my forementioned Propositions touch-the fundamental Rights Liberties Properties of the English Nation 3ly Because they shew forth unto us the true original grounds causes motives necessities and manner of granting the very first Civil Tax and Tribute mentioned in our Histories by the King and his Nobles in their General Councils to the Danish invaders to purchase peace and the true nature use of our antient Danegelt and rectifie some mistakes in our common late English Historians Immediately after King Ethelreds decease Episcopi Abbates Duces et quique Nobiliores Angliae in unum congregati as Wigorniensis Hoveden Simâ—â—n Dunelmensis Radulphus de Diceto Bromton Or Maxima pars Regni tam Clericorum quam Laicorum in unum congregati as Matthew VVestminster Or Proceres Regni cum Clero as Knyâ—htâ—n expresses it Pari consensu in Dominum et Regem Canntum eligere All the Bishops Abbots Dukes and Nobles of England and the greatest part of the chief Clergy and Laity assembled together in a kind of Parliamentary Council by unanimous consent elected Cnute for their Lord and King notwithstanding their solemn Vow and Engagement but the year before never to suffer a Danish King to reign over them Whereupon thev all repaired to Cnute to Southampton omnemque Progeniem Regis Ethelredi coram illo abhorrentes et abnegando repudiantes as Wigorniensis Huntindon Knyghton and others record and there in his presence abhorring and utterly renouncing and abjuring all the Progeny of King Ethelred they submitted themselves and swore fealty to him as to their only King and Soveraign he reciprocally then swearing unto them That he would be a faithfull Lord unto them both in things appertaining to God and the World which our Historians thus express Quibus ille juravâ—t quod secundum Deum secundum seculum fidelis illis foret Dominus Only the City of London and part of the Nobles then in it unanimously chose and cryed up Ed. Ironside King Ethelreds 3. son by Elgina his first Wife Daughter to Duke Thored as Speed and others relate though Matthew Westminster and others register his birth Non ex Emma Regina sed ex quadam ignobili foemina generatus qui utique matris suae ignobilitatem generis mentis ingenuitate corporis streuuit te redintegrando redemit After Edmonds election he was crowned King by Liuing Archbishop of Canterbury at Kingston upon Thames where our Kings in that age were usually crowned No sooner was he thus advanced to the Regal dignity but he presently marched undauntedly into VVest-Sex and being there received by all the People with great gratulation and joy he most speedily subjected it to his Dominion Which being divulg'd in other parts many Counties of England deserting Cnute voluntarily submitted themselves unto him such is the fickleness of the People unconstancy of worldly power and affairs Cnute in the mean time to be revenged of the Londoners for making Edmond King marched to London with his whole Army and Fleet besieged and blocked up the City with his Ships drawn up the Thames on the West-side of the Bridge and then drew a large and deep trench round about the City from the Southside of the River whereby he intercepted all ingress and egress to the Citizens and others whom he shut up so close that none could go in or out of the City and endeavoured by many strong assaults to force it but being still repulsed by the Citizens who valiantly defended the walls he left off the siege with great confusion and loss as well as dishonor Thence he marched with his Army into Dorsetshire to subdue it Where King Edmond meeting him with such forces as he could suddenly raise gave him battel at Penham near Gillingham where after a bloudy and cruel encounter he put Cnute and his Army to flight and slew many of them Not long after they recruiting their forces both Armies meeting at Steorstan King Edmond resolving there to give Cnute battel placed the most expert and valiantest of his Souldiers in the front and the rest of the English who came flocking in to him he kept for a reserve in the rear Then calling upon every of them by name he exhorted and informed them That they now fought for their Country for their Children for their Wives for their Houses and Liberties inflaming the minds of his Souldiers with his excellent Speeches in this battel with the Enemy he exercised the Offices of a valiant Soldier and good General charging very couragiously But because that most persidious Duke Edric Almar and Algar and others of the great men who ought to have assisted him with the Inhabitants of Southampton VViltshire and innumetable other English joyned with the Danes the battel continued all day from morning to night with equal fortune till both sides being tired out and many of each party slain the night constrained them to march one from another But their bloud not being cold the next day they buckled together again with no less courage than before till at last in the very heat of the battel the most perfidious Duke Edric perceiving the Danes like to be totally routed and the English in great forwardness of victory cut off the
eum obtinendo minime potuit adimplere unde Willielmo cognato suo Normannorum Duci Regnum post eum optinendum per solennes nuncios assignavit And Col. 957. he adds Some say that King Edward before his death had appointed William to succeed him according to the promise which the said King had made him when he was a young man living in Normandy that he should succeed him in the Kingdom concerning which as some write he had sent solemn Messengers to him into Normandy The like is affirmed almost in the same words by Henry de Knyghton de Eventibus Angliae l. 1. c 15. col 2238. and by Fabian Caxton Cambden Holinshed Grafton Speed Daniel Stow Vestegan and other modern Historians Matthew Paris in the beginning of his History of England p. 1. relates Harolds driving into Pountoise by storm as he was taking his pleasure at Sea his presenting to Duke William his espousals to his daughter under age which he ratified by Oath taken upon the reliques of Saints adding Juravit insuper se post mortem Regis Edwardi qui jam senuit sine liberis Regnum Angliae Duci qui in Regnum jus habuit fideliter conservaturum Consummatis igitur aliquot diebus cum summa laetitia amplis muneribus ditatus in Angliam reversus est Haroldus Sed cum in tuto constitueretur jactabat se laqueos evasissâ— Hâ—stiles Perjurii crimen eligendo And Anno 1257. Writing of the Lay Peers of France whereof the Duke of Normandy is first he hath this passage Rex Angliae Dux est de jure Normanniae sanguinis derivaâ—ione geneali Rex ex conquestu dicitur tamen quod beatus Edwardus â—o quod haerede caruit Regnum legavit Willielmo Bastardo Duci Normannorum Sed hoc robore asseruitur caruisse quia hoc fecit in lecto Lethali et sine Baronagii sui commnni consensu By all which Testimonies as likewise by the express relations of Mr. Cambden in his Britannia p. 144 145. Richard Verstegan his Restitution of decayed Antiquities Matthew Parker his Antiquitates Ecclesiae Bâ—itanniae p. 88. Mr. Seldens Review of his History of Tithes p. 482 483. it is apparent that King Edward whiles he was in Normandy before he was King upon Duke Williams repairing into England to him after he was King by several Messengers and Hostages sent to him in his old age and in his very death-bed appointed Duke William to be both his successor and heir to the Crown of England and that Harold either voluntarily as purposely sent by King Edward or craftily upon pretence he was sent by him to work his own enlargement and his Nephews or upon Williams motion to him voluntarily swore that he would faithfully preserve the Crown and Realm of England for him after King Edwards death who had appointed him to succeed him as his heir next kinsman by the mothers side and that he intended to dishinherit his Cosen Edgar Atheling of it though next heir to it by reason of his minority unfitness and indisposition both of body and minde to sway the Scepter of the Realm King Edward having finished his Abby of Westminster and endowed it with ample lands and privileges by three several Charters by the advice and assent of all his Bishops and Nobles as aforesaid Anno 1066 caused it to be solemnly consecrated on Innocents day with great solemnity but falling sick in the midst of these festival Solemnities of its dedication he betook himself to his bed where continuing speechlesse for two days space together on the third day giving a great groan and arising as it were from the dead he related to those then about him a Vision he had seen touching the State of England Namely that two religious Monks he had formerly known in Normandy dead many years before were sent unto him with this message declaring the Corruptions and Vices both of the Clergy Nobility Gentry and People of England and the judgements ready to fall upon them for the same Which Matthew Westminster thus relates Quoniam Primores Angliae Duces Episcopi Abbates non sunt Ministri Dei sed Diaboli tradidit Deus hoc regnum uno anno et die uno in manu inimici Daemonesque terram hanc totam pervagabunt Abbot Ailred thus records it Impletum dicunt Anglorum nequitiam iniquitas consummata iram provocat accelerat vindâ—ctam Sacerdotes praevaricati sunt pactum Domini polluto pectore manibus iniquitatis sancta contrectant non Pastores sed Mercenarii exponunt lupis oves non protegunt lac lanam quaerunt non oves ut detrusos ad inferos mors pastores depascat et oves Sed et Principes terrae infideles Sociae surum PRAEDONES PATRIAE quibus nec Deus timori est NEC LEX HONORI quibus veritas oneri JUS CONTEMPTUI CRUDELITAS DELECTATIONI Itaque NEC SERVANT PRAELATI JUSTITIAM nec subditi disciplinam Et ecce Dominus gladium suum vibravit arcum suum tetendit et paravit illum ostendet deinceps populo hinc iram indignationeÌ„ immissiones insuper per Angelos malos quibus traditi sunt anno uno die uno igne simul et gladio puniendi The King groaning and sighing for this calamity that was ready to fall upon his people demanded of the Monks Whether if they repented of their sins upon his admonition to them God would not pardon them and remove his judgements as he did from the Ninivites They replied That God would by no means receive them into his favour because the heart of this people was hardned and their eyes blinded and their ears deafned that they would not hear reproof nor understand admonition nor be terrified with threatnings nor provoked with his late benefits The King thereupon demanded Whether God would be angry for ever Whether he would be any more intreated and when they might hope for a release of so great calamities To which they replyed That if a green tree cut in the midst and carried a great space from the stock could without any help reunite it self to the root and grow again and bring forth fruit then might the remission of such evils be hoped for The veritie of which Prophecy add our Historians the Englishmen experimentally felt namely That England should be an habitation of strangers and a Domination of Foreiners because a little space after scarce any Englishman was either a King a Duke Bishop or Abbot neither was there any hope also of the end of this misety King Edward after his relation of this Vision to the Nobles and Prelates then about him yielded up the Ghost and died without issue on Epiphany Eve An. 1066. and was solemnly interred the next day in Westminster Abbey the royal line of the Saxon Kings ending in him which had continued from Cerdic the first King of the West-Saxons for 571. years without interruption except by some Danish Usurpers who for
tam Scotiae quam Angliae confirmatum est Quod si aliquis temerarius infringere audebit magnae pecuniae damno obnoxius erit perpetuo Anathematis gladio ab ecclesiâ seperabitur as Richard Prior of Hagustald records Anno Domini 708 Egwin Bishop of Worcester procured king Kenred and Offa by their Charters to grant and confirm many Lands and Privileges to the Abbey of Evesham which Pope Constantine likewise ratified by his subscription at Rome as well as these kings in the presence of many Archbishops Bishops Princes and Nobles of divers Provinces who commended and approved their Charters and Liberality In pursuance whereof Pope Constantine writ a Letter to Brithwald Archbishop of Canterbury to summon Concilium totius Angliae a Council of all England to wit of the Kings Bishops Religious persons of Holy Orders Optimatesque Regni cum proceribus suis with the Nobles and great men of the Realm who being all assembled together in the name of the Lord The Archbishop should in their presence read the Charters of these Kings and the Popes confirmation of them that they might be confirmed by the favour and assent of the Clergy and the people and consecrated with their Benediction Whereupon king Kenred and Offa after their return from Rome assembled a General Council in a place called Alne where both the Archbishops Brithwald and Wilfrid with the rest of the Bishops Nobles and these two Kings were present wherein Donationes omnes confirmatae sunt all these their Donations and Charters were confirmed and likewise in another Synod at London An. 712. A most pregnant evidence that these kings Charters and Donations though ratified by the Pope himself were not valid nor obligatory to their successors or people without their common consent to and confirmation of them in a general Parliamentary Council of the Prelates Nobles Clergy and Laity even by the Popes and these kings own confessions and practice in that age In the year of our Lord 716. Ethelbald king of Mercians by his Charter gave to God the blessed Virgin Saint Bartholomew Kenulphus the whole Isle of Croyland to build a Monastery and confirmed it to them for ever free from all Rent and secular services inde Chartam suam in praesentia Episcoporum Procerumque Regni sui securam statuit all his Bishops and Nobles of his Realm assenting to and ratifying this Charter of his both with the subscriptions of their names and sign of the Cross as well as the King that so it might be firm and irrevocable being his demesne Lands which Charter is at large recorded in the History of Ingulphus About the year of Christ 720. some fabulously write that king Ina took Guala daughter of Cadwallader last king of the Britons to wife with whom he received Wales and Cornwal and the blessed Crown of Britain Whereupon all the English that then were took them wives of the Britons race and all the Britons took them wives of the illustrious blood of the English and Saxons which was done Per commune Concilium et assensum omnium Episcoporum ac Principum Procerum Comitum et omnium Sapientum Seniorum et populorum totius Regni aâ—â—embled together in a 〈◊〉 Parliamentary Council Et per praeceptum Regis Inae whereby they became one Nation and Peoplâ— Afâ—er which they all called that the Realm of England which before was called the Realm of Britain and they all ever after stood together united in one for common profit of the Crown of the Realm and with a unanimous consent most fiercely fought against the Danes and Norwegians and waged most cruel wars with them for the preservation of their Country Lands and Liberties An. 705. King Ina by his Royal Charter granted and confirmed many Lands to the Abbey of Glastonbury endowing that Abbey and the Lands thereto belonging with many large and great Privileges exempting them from all Episcopal Jurisdiction and from all regal exactions and services which are accustomed to be excepted and reserved to wit from Expedition and building and repairing of Castles or Bridges from which they should inviolably remain free and exempted and from all the promulgations and perturbations of Arch-Bishops and Bishops which privileges were formerly granted and confirmed by the ancient Charters of his Predecessors Kenewalcus Kentwin Ceadwalla and Baldred This Charter of his was made and ratified by the consent and subscription not only of king Ina himself but also of Queen Edelburga king Baldred Adâ—lard the Queens Brother consentientibus etiam omnibus Britanniae Regibus Archiepiscopis Episcopis Ducibus atgue Abbatibus all the Kings Archbishoâ—s Bishops Dukes and Abbots of Britain consenting likewise thereunto many of which subscribed their names unto it being assembled in a Parliamentary Council for that end King Ina In the year 727. travelling to Rome built there a school for the English to be instructed in the faith granting towards the maintenance of the English Scholars there a penny out of every house within his Realm called Romescot or Peterpence to be paid towards it every year All which Things and Tax That they might continue firm for perpetuity Statutum est generaâ—l decreco c. were confirmed by a general decree of a Parliamentary Council of his Realm then held for that purpose of which before more largely In the year of our Lord 742. There was a Great Parliamentary Council held at Clovesho or Clyffe where Ethelbald King of Mercia sate President with Cuthbert Archbishop of Canterbury the rest of the Bishops sitting together with them diligently examined things necessary concerning Religion and studiously searched out of the antient Creeds and institutions of the holy Fathers how things were ordered according to the rule of equity in the beginning of the Churches birth in England whiles they were inquiring after these things and the antient privileges of the Church at last there came to their hands the Liberty and Privileges which King Withred had granted to the Chuâ—ches in Kent which being read before all by King Ethelbalds command they were all very well pleased therewith and said unanimously That there could not be found any so noble and so prudent a Decree as this formerly made touching Ecclesiastical Discipline and therefore Hoc ab omnibus firmari sanxerunt decreed that it should be confirmed by them all Whereupon King Ethelbald for the salvation of his soul and stability of his kingdom confirmed and subscribed with his own munificent hand That the Liberty Honour Authority and security of Christs Church in all things should be denied by no person but that it should be free from all secular services with all the lands pertaining thereunto except Expedition and building of Bridge and Castle And like as the said King Withred himself ordained those privileges should be observed by him and his so he and this Council commanded they shall continue irrefragably and immutably
secularibus nec non Regalibus Tributis Majoribus et Minoribus seu Taxationibus quae nos Wâ—tereaden appellamus Sitque omnium rerum libera pro remissione animarum peccatorum meorum ad serviendum soli Deo sine expeditione et pontis constructione arcis munitione ut eo diligentius pro nobis preces ad Deum sine cessatione fundant quo eorum servitutem in aliquo levigamus The Copies in our Historians vary in some expressions and in the date of this Charter some placing it in Anno 855. others Anno 865. This Charter as Ingulphus records was made at Winchester Novemb. 3. Anno. 855. praesentibus subscribentibus Archiepiscopis Angliae universis nec non Burredo Merciae Edmundi East-Anglorum rege Abbatum Abbatissarum Ducum Comitum Procerumque totius terrae aliorumque fidelium infinita multitudine Dignitates vero sua nomina subscripserunt After which for a greater Confirmation the King offered the Written Charter up to God upon the Altar of St. Peter where the Bishops received it and after sent it into all their Diocesses to be published and hereupon the Bishops of Sherburne and Winchester with the Abbots and religious persons on whom the said benefits were bestowed decreed That on every Wednesday in every Church all the Friers and Nuns should sing 50 Psalms and every Priest 2 Masses one for the King and an other for his Captains It is observable first That the Parliamentary Council wherein this Charter was made and ratified by common consent and this exemption and tenth granted was principally called to resist the invading plundering Danes 2ly That this King and Council in those times of Invasion and necessity were so far from taking away the Lands and Tithes of the Church for defence of the Realm or from imposing new unusual Taxes and Contributions on the Clergy for that end that they granted them more Lands and Tithes than formerly and exempted them from all former ordinary Taxes and Contributions that they might more cheerfully and frequently pour forth prayers to God for them as the best means of defence and security against these forein invading enemies Mr. Selden recites another Charter of this King of the same year different from it in month and place out of the Chartularies of Abbington Abbey to the same effect made by Parliamentary consent of that time per consilium salubre cum Episcopis Comitibus ac cunctis Optimatibus meis which Charter is subscribed by this King and his two Sons with some Bishops and Abbots ratified with their signs of the Cross and this annexed curse Si quis ver ò minuere vel mutare nostram donationem praesumpserit noscat se ante tribunal Christi redditurum rationem nisi prius satisfactione emendaverit usual in such Charters Aftet which this King going to Rome carried Alfred his youngest Son thither with him whom he most loved to be educated by Pope Leo where continuing a year he caused him to be crowned King by the Pope and returning into his Country married Judith the King of France his Daughter bringing Alfred and her with him into England In the Kings absence in forein parts Alstan Bishop of Sherburne Eandulfe Earl of Somerset and certain other Nobles making a Conspiracie with Ethelbald the Kings eldest Son concluded he should never be received into the Kingdom upon his return from Rome for two Causes One for that he had caused his youngest son Alfred to be crowned King at Rome excluding thereby as it were his eldest Son and others from the Right of the Kingdom Another for that contemning all the women of England he had married the Daughter of the King of France an alien et contra morem et Statuta Regum West-Saxonum and against the use and Statutes of the Kings of the West-Saxons called Juâ—ith the King of France his Daughter whom he lately espoused Queen and caused her to sit by his side at the Table as he eastâ—d For the West-Saxons permitted not the KingsWife to sit by the King at the Table nor yet to be caled Queen but the Kings Wife Which Infamy arose from Eadburga Daughter of King Offa Queen of the same Nation who destroyed her Husband King Brithrâ—ic with poison and sitting by the King was wont to accuse all the Nobles of the Realm to him who thereupon deprived them of lâ—fe or banished them the Realm whom she could not accuseâ— she used to kill with poison Therefore for this mis-doing of the Queen they all conjured and swore that they would never permit a King to reign over them who should be guilty in the premises Whereupon King Aethelulfe returning peaceably from Rome his Son Aethelbald with his Complices attempted to bring their conceived wickedness to effect in excluding him from his own Realm and Crown But Almighty God would not permit it for lest peradventure a more than civil war should arise between the Father and the Son the Conspiracie of all the Bishops and Nobles ceased though the King Clemency who divided the Kingdom of the West-Saxons formerly undivided with his Son so that the East part of the Realm should go to his Son Ethelbald and the West-part remain to the Father And when tota Regni Nobiliras all the Nobility of the Realm and the whole Nation of the West-Saxons would have fought for the King thrust his Son Ethelbald from the right of the Kingdom and baâ—ished him and his Complices out of the Realm qui tantum facinus perpetrare ausi sunt Regem à regno proprio repellerent which Wigorniensis Anno 855. â—iles Facinus et inauditum omnibus saeculis ante infortunium if the Father would have permitted them to do it He out of the nobleness of his mind satisfied his Sons desire so that where the Father ought to have reigned by the just judgement of God there the obstinate and wicked Son reigned This King Aethelulfe before the death of Egbert his father was ordained Bishop of Winchester but his Father dying he was made King by the Prelates Nobles and People much against his will cum non esset alius de Regio genere qui regnare debuisset because there was none other of the Royal Race who ought to reign Haeredibus aliis deficientibus postmodum necessitate compulsus gubernacula Regni in se suscepit as Bromton and others expresse it At his death Anno 857. he did by his will lest his Sons should fall out between themselves after his decease give the kingdom of Kent with Sussex and Essex to Ethelbert his second son and left the kingdom of the West-Saxons to his eldest son Aethelbald then he devised certain sums of Money to his Daughter Kindred Nobles and a constant annuity for ever for meat dâ—ink and cloths to one poor man or pilgrim out of every 10 Hides of his Land 300 marks of mony to be sent yearly to Rome to be spent there in Oyl for Lamps Almes
this present It is very dangerous therefore for Parliaments or Statesmen upon any extraordinary pressing Necessity to lay any new Taxes Tributes or Imposts on the people and most perillous for the people voluntarily to submit unto their payment fot being but once or twice granted imposed paid and made a President they are hardly ever abolished or conjured down again but kept still on foot upon some pretext or other yea oft doubled trebled and quadrupled by degrees to the peoples grand oppression and undoing as we may see by this old President of Danegelt and the late sad Presidents of our new imposed Excises Imposts Monethly Contributioâ—s raised from 20 to 30 40 50 60 100 and 120 thousand pounds amonth and the Excise from thousands to Millions and so continued for sundry years without hope of end or ease the only blessed libâ—rty which we have hitherto purchased with all our Prayers Tears Easts Counsels Treasures wars and whole Oceans of Christian blood I shall therfore desire our late and present Tax-Masters Excisers if they be not now past all shame sadly to consider how much more burthensome and injurious they have been are now to their native Christian English Brethren than the Barbarous Pagan fore in invading Danes were then to their predecessors in that they by their own authority without any lawfull grant or Act by a free Parliament impose on their Brethrens exhausted purses and estates no less than 60 or 120 thousand pounds every Moneth besides Excises Imposts Customes amounting to much more when as the barbarous forein Danes exacted of them only by their own common consent in free Parliamentary Councils only 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 Ethelred and Richard Marquess of Normardy he thereupon slew and pillaged all the English passing through his Country and affronted King Ethelred with frequent injuries Pope John 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 991. the King upon receit 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 os them or they themselves should perpetrate any unjust thing against the other it should be expiated 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 Etheiredi Procerumque suorum de tota Anglia robustiores 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 Fleet by invironing 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 slaying 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 caused the Eyes of his Son Algar to be put out Unde odium infamia ejus crudelitatis 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 that Country assembling together resolved and hastned to fight with them but when they were ready to give them battel Frena Frithgist and Godwin their Captains being of Danish Progeny 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
malis accessit civilis discordia adeò ut quis cui crederet quis cui mentis suae secreta commitâ—eret nesciretur Plena erat proditoribus Insula nusquam tuta fides nusquam sine suspitione amor Sermo sine simulatione Tandem cousque Proditio Civilis et astutia Processit hostilis ut ac functo Rege Magna pars Insulae legitimis abdicatis haeredibus Cnutoni qui Regnum invaserat manus darent peremptoque invictissimo Rege Edmundo paterni honoris simul et laboris haerede etiam Filios ejus adâ—uc in cunis agentes barbaris mitterent occidendos King Cnute hearing this their palpable flattery and contemptuous rejection of Edwin and the Saxon regal Line went joyfully into his Chamber and calling perfidious Duke Edric to him demanded of him how he might deceive Prince Edwin so as to have him murthered Who thereupon informed him how and by whom his murder might be accomplished by promised rewards of money and preferments which was accordingly effected soon after by Cnutes procurement and command This Edric likewise perswaded Cnute to slay Prince Edward and Edmond King Edmonds sons Whereupon Statuit Cnuto mirabiliter in animo suo omne genus Gentis Regni Anglorum perdere vel exilio perenni eliminare ut regnum Angliae filiis suis jure haerâ—ditario reservare curaret writes Matthew Westminster p. 402. But because it might seem a great disgrace to him to murder these infant Princes in England he afterwards sent them over Sea to King Swane to slay them in Denmark who abhorring the fact instead thereof sent them to Solomon King of Hungary to be preserved and educated Cnute having thus through the flattery perjury and treachery of the English Prelates and Nobles gained the intire Monarchy of England flew or banished all those perfidious English Sycophants temporizers who had the chiefest hand in this false testimony abjuration treacherous bloudy advice against the Saxon Royal Family by whose Counsel he slew or banisheâ— all the blood-royal of the Realm of England that so he might Iure Haereditario reserve and perpetuate the kingdom to his own Posterity by an hereditary right Duke Edric the principal of them for this and his other Treasons forementioned was deprived of his Dukedom of Mercia and exemplarily executed as a most perfidious Traytor by Cnutes command the first year of his reign and many of his Captains and followers were slain with him of which at large before Mortâ—m Proditoris pro demeritis accepit laqueo suspensus et in Tamesin fluvium projectus Cum quo plurimis sattellitum suorum similiter occisis eâ—iam inter eos praecipuus et primus Normannus occisus est writes Abbot Ingulphus Turkell Duke of east-East-England and Hirc Duke of Northumberland were both banished the Realm Duke Norman and Bridric slain and a heavy Tax of 82 Thousand pounds besides 10000 pounds imposed on London alone imposed and levied on the whole Nation Quomam igitur proprii sanguinis proditores adulantes Regi mentiti sunt in caput suum 〈…〉 eorum intra it in cor eorum et à Cnutho quem naturalibus Dominis praetulerunt confractus eâ—â— arcus eorum Cum 〈…〉 Insulae faâ—enâ—ibus illis obtinâ—isset Omnes qui primi in illo fuere consilio exterminavit â—t quoâ—quoâ— de regi◠〈◊〉 superâ—â—ites reperit vel regno repulit vel occidit as Abbot Ethelred records to posterity To which Henry Huntindon and Henry de Knyghton subjoyn Posteà vero Rex justo Dei judicio dignant retributionem nequitiae Anglis reddidit Ipse namque Rex Cnute Edricum occidit quia timebat ab insidiis ab eo aliquando circumveniri sicut Domini sui priores Ethelredus Edmondus frequenter sunt circumventi quorum diutina proditione alterum vexavit alterum interfecit add â—lorentius Wigorniensis Simeon Dunelmensis Roger de Hoveden and Radulphus de Diceto Turkellum exulavit Hirc fugere compulit Praeterea summos Procerum aggressus Normannum Ducem interfecit Edwi Adeling exterminavit Adelwoldum detruncavit Edwi Churleging exulavit Birdric ferro vita privavit Aethelwardus filius Agelmari Ducis et Brihtricus filius Alphegi Domnaniensis Satrapae sine culpa interfecti sunt Fecit quoque per Angliam mirabilem Censum reddi scilicet 82. some write 72. mille librarum praeter undecies mille libri quas Londinensis reddiderunt Dignum igitur exactorem Dominus Iustus Anglis imposuit for rejecting their own Hereditary Soveraign Line Radulphus Cestrensis englished by Trevisa Fabian and Grafton thus second them Also they swore that they would in all wise put off Edmonds kinn They trowed thereby to be great with the King afterward but it fared farr otherwise For many or the more part of them specially such as Canutus perceived were sworn before to Edmond and his heirs he mistrusted and disdained ever after Therefore some of them were slain by Gods rightfull dome and some banished and exiled and put out of the Land and some by Gods punishment died suddenly and came to a miserable end which other of our Historians likewise register I shall desire all such who are guilty of the like Treachery Flattery Practice or Advice against their lawfull Sovereigns royal Posterity advisedly to ponder this sad domestick President in their most retired Meditations for fear they incur the like divine retaliation by Gods rightful doom when and by whom they least suspect or fear it King Cnute thus quit of all King Edmonds Sons Brethren kinred and likewise of the greatest English Dukes and Nobles who might endanger his Life Crown and new-acquired Monarchy in the next place contrived how to secure his Empire against Prince Alfred and Edward Edmonds Brothers then in Normandy with Queen Emma their Mother and their Uncle Richard Duke of Normandy a person of great valour power and interest the only person likely to attempt their restitution to the kingdom and Crown of England For which end he by gifts Ambassies and fair promises procures Earl Richards consent to bestow his Sister Queen Emma upon him for his wife who ariving in England in July 1018. was presently maried to this Invader of her former Husbands kingdom his sons royal throne and murderer banisher dishinheriter of his and her royal Posterity whereby her Brother Duke Richards thoughts were wholly diverted from ayding his Nephews to recover their right in England Ex hinc cum Cnutoni omnia pro voto cessissent timens Ne Haetes legitimus Regnum quod sibi de Iure debebatur aliquando Normanica fretus virâ—ute Reposceret â—t Ducis sibi arctius colligaret affectum Emmam defuncti Regis relictam duxit uxorem Whereupon De illorum Elfredi Edwardi restitutione RicharduÌ„ avunculum nihilegisse comperimus quia et sororem suam Emmam hosti et invasori nuptam collocavit Ignores majori illius dedecore qui dederit an foeminae quae conseâ—serat ut thalamo illius caleret
towards London But when they came to Guild-down Godwin said to Alfred Look round about thee on thy right hand and left and behold what a kingdom shall be subjugated to thy Dominion Upon which Alfred giving thanks to God presently promised that if it happened he should be crowned King He would constitute such Laws as should be pleasing and acceptable both to God and Man Which words were no sooner uttered but the Traytor Godwin commanded all his men to apprehend Alfred and to slay all the Normans that came with him in his company and after that to carry Alfred into the Isle of Ely and there to put out both his eys and to pull out his bowels which they accordingly executed as aforesaid And so died this innocent Alfred right heir to the Crown through the Treason of wicked Godwin When the Lords of England heard thereof and how Alfred that should have been their King was put to death through the false Treason of Godwin against their wills they were wonderfull sorrowfull and wroth and swore before God and Man that he should die a worser Death than did Edric which destroyed his Lord Edmond Ironside and would immediately have put him to death but that the Traytor fled and escaped into Denmark and there continued 4. yeares and more and lost all his Lands Rents Goods and Chattels in England confiscated in the mean time for this his Treason These Historians though they somewhat vary in the time and occasion of Prince Alfreds death yet they all agree in the substance of his and of his Norman Souldiers and Campanions treacherous barbarous murders by the joynt or separate treacherie of Earl Godwin and his son Harold Which how fatal it proved to them both by Gods avenging Justice you shall hear in its due place and what divine vengeance it drew at last on the whole English Nation religious and judicious Mr. John Fox informes us in these words This cruel fact of Godwin and his men against the innocent Normans whether it came of himself or of the Kings setting on seemeth to me to be the cause why the justice of God did shortly after avenge the quarrel of these Normans in conquering and subduing the English Nation by William the Conquerour and the Normans which came wiâ—h him For so just and right it was that as the Normans coming with a natural English Prince were murdered of English men so afterwards the Englishmen should be slain and conquered by the Normans coming with a forein King being none of their natural Country After the banishment of Queen Emma out of and murder of Prince Alfred in England Harde-Cnute delaying the time in Denmark and deferring his coming in o England thereupon Harold formerly King only of the Mercians and Northumbrians that he might reign over all England in the year 1037. A Principibns et omni Populo Rex eligitnr was elected King by all the Nobles and People Harde-Cnutus verò quia in Denmarchia manscrat et ad Anglian ut rogabatur venire distulit penitus abjicitur as Florentius Wigorniensis Simeon Dunelmensis Hoveden Bromton Radulphus de Diceto and others inform us After which King Harold degenerating from Cnute his Father in all things took no care at all either of military or civil affairs nor of his own Courtly honour doing only his own will and contrary to his royal estate going more willingly on foot of which he was so swift that he was named Harefoot than riding on Horseback In his dayes there were rendred and paid to 16 Ships from every Port not In-land Towns 8. marks of Silver as in the time of his Father as Henry Huntindon records to which John Speed subjoynes This Dane seeing his hazards prevented sought to secure himself and wâ—th 16 Ships of the Danish Fleet kept the Seas which continued ever in a readiness and wafted from port to port to the maintenance whereof he charged the English with great payments to their no little grudge and reviling whereby he lost the love of his Subjects before it had taken root in their hearts Neither held he long those disloyal courses for that his speedy death did cut off the infamy of a longer life he dying at Oxford where he was elected King without wife or children to survive his person or revive his name when he had reigned only 4. years and as many moneths Anno 1040. Upon the deâ—th of h Harold Proceres tam Anglorum quam Danorum in unum concordantes sententiam the Nobles both of the English and Danes assembling together in a Parliamentary Council and concording in one opinion sent Embassadours to Harde-Cnute then at Bruges in Flanders visiting Queen Emma his Mother where he had made great preparation of ships and land-forces to recover the Crown of England which belonged to him both by birth and compact from his brother Harold beseeching him to make hast into England and to take possession of the Crown thereof Whereupon he immediately consenting to the Counsel of the Nobles came speedily into England with 60 as some or 40 ships as others write furnished with Danish Souldiers and Mariners where he was received with great joy elected King both by the English and Danes and solemnly crowned ar London by Elnothus Archbishop of Canterbury Soon after he commanded Alfric Archbishop of Yorke Earl Godwin and others to digg up the interred corps of his brother King Harold out of his grave in London and his head to be cut off by the hangman and then both head and corps to be thrown into the Common sink and after that into the Thames And that partly in revenge of the injuries done by him to his Mother Queen Emma in banishing and spoiling her of her money and jewels against all right and justice and partly for his unjust invasion of the Crown of England but in truth as a just retaliation of his barbaâ—ous cruelty to Prince Alfred and his Normans For whose treacherous inhumane slaughter King Harde-Cnute deprived Alfred Bishop of Worcester of his Bishoprick whose hands were said to have been in Alfreds bloud And for which murder he likewise looked with an evil eye upon Earl Godwin compelling him to an Oath of Purgation touching the same Whereupon Godwin by his own Oath and the Oaths os most of the Nobles of the Realm his compurgators swore though most falsly That Prince Alfreds eyes were not put out nor he murdered as aforesaid by his Counsel or consent but what was done therein was only by the command of King Harold which he durst not resist Notwithstanding which Oath to purchase his peace with Harde-Cnute he presented him with a most rich and royal present to wit with a Ship whose stern was of gold with 80 Souldiers placed therein all uniformly and richly suited having on their heads gilt Burgonets on their armes bracelets of Gold on their bodies Habergeons Swords Battel-axes Targets and other arms after the Danish fashion all
acquired by war blood conquest treachery and the English and Norwegian royal lines restored to their rights and Crowns again What persons then in their right sences would impiously spend much treasure levied on the oppressed people by violence rapin uncessant Taxes Excises or shed much human Christian blood to purchase other mens Crowns Kingdoms which are not only full of cares and troubles but so unstable short and momentary in their fruition as is most evident by the Danish Intruders CHAP. V. Containing a Brief Historicall Collection of all the Parliamentary Councils State-Assemblies Historicall Passages and Proceedings that concern the Fundamentall Liberties Priviledges Rights Properties Laws and Government of the Nation under the reign of King Edward the Confessor from the year of our Lord 1042. to 1066. wherein he died KING Harde-Cnute being sodainly taken out of this world without issue by divine Justice on the 6 day of Iune Anno 1042. thereupon the Earls and Barons of England immediately after his death assembled together in a Great Council about the election of a New King Wherein OMNES ANGLORUM MAGNATES ad invicem tractantes DE COMMVNI CONCILIO ET JURAMENTO STATUERUNT QUOD NUNQUAM TEMPORIBUS FUTURIS ALIQUIS DACUS SUPER EOS IN ANGLIA REGNARET hoc maximâ— pro contemptibus quos Angli à Danis saepiuâ— acceperunt c. as the Chronicle of Bromton others informe us All the Nobles of the English treating together decreed by common advice which they ratified with an oath THAT IN TIMES TO COME NEVER ANY DANE or person of the Danish blood SHOULD REIGN OR BE KING OVER THEM IN ENGLAND ANY MORE disclaiming all Danish subjection that especially for the contempts which the English had very often received from the Danes For if a Dane had met an Englishmâ—n upon any bridge the Englishman must not be so hardy to move a foot but stand stâ—ll till the Dane was passed quite ever it And moreover if the Englishmen had not bowed down their heads to doe reverence to the Danes they should presently have undergoâ—e great punishments and stripes Whereupon King Harde-Cnute being dead the English rising up against them drove all the Danes being then without a King and Captaine out of the Realm of England who speedily quâ—tting the land never returned into it afterwards And here we may justly stand still a while and contemplate the admirable retaliating justice of God upon our Danish usurping Kings and their Posterity King Cnute as you heard before caused the temporizing English Bishops Nobles and Barons assembled in a Parliamentary Council against their oaths of allegiance to King Ethelred Edmund Ironside and their heirs no less then twice one after another to renounce cast off and abjure their regall Posterity to make them incapable of the Crowne of England and settle the inheritanceâ— of it upon him and his Danish blood Anno 1016. and 1017. And now in little more then twenty years after all the English Prelates and Nobles assembled in Council of their own accords by a solemn Decree and Oath abjure renâ—unce and eternally disinherit all the Danish blood-royall of the Crown of England and restore the Saxon English royall line to that soveraignty which they had formerly disclaimed such are the vicifâ—itudes of divine Justice and providence worthy our observation in these wheeling times wherein we live when no man knoweth what changes of like nature one day or year may bring forth The English putting their Decree for cashiering all the Danes in execution turned the mout of all the Castles Forts Garrisons Cities Villages thâ—oughout England as well those of the Royall and Noble blood as the vulgar sort and forced them to depart the Realm as they had formerly banished the English Princes and Nobles Procâ—reâ— igitur Anglorum â—am DACORUM DOMINIO LIBERATI The Nobles therefore of Engl. being thus freed from the Danes dominion for so much of God of his mercy and providence who is the maker of heirs thought good after the wofull captivity of the English Nation to grant them some respite of deliverance in taking away the Danish Kings without any issue left behinde them who reigning here in England kept the English people in miserable subjection about the space of 28 years and from their first landing in the time of King Brictâ—icus wasted and vexed this land for the space of 255 years their Tyranny now coming to an end by the death of Harde Cnute they thereupon assembling together in a great Council with a generall consent elected Prince Edward surnamed the Confessor the youngest and onely surviving son of King Ethelred for their King who ANNUENTE CLERO ET POPULO LONDONIIS IN REGEM ELIGITUR as Mat. Westminster relates whereupon Edward being then in Normandy where he had long lived in exile being a man of a gentle and soft spirit more appliable to other mens counsels then able to trust his own naturally so averse from all war bloodshed that he wished rather to continue all his life long in a private exiled estate then by war or blood to aspire to the Crown the Lords sent messengers to him to come over and take peaceable possession of the Kingdome of England they having chosen him for their King advising him to bring with him as few Normans as he could and they would most faithfully establish him in the throne Edward though at first he much doubted what course to stear somewhat mistrusting the treachery and inconstancy of the fickle headed English yet at last upon the importunity of the messengers who informed him melius esse ut vivat gloriosus in Imperio quà m ignominiosus moriaâ—ur in exiliâ— JURE EI COMPETERE REGNUM aevo maturo laboribus defaecato sciâ—â—ti administrare principatum per aetatem severè miserias Provinciâ—lium pro pristina aequitate temperare c. and upon putting in sufficient pledges and an oath given for his security he came into England with a small train of Normans where he was joyfully received by the Nobles and people Nec mora Gilingeam or rather Londoniam CONGREGATO CONCILIO rationibus suis explicitis regem effecit Dominio palam ab omnibus dato as Malmsbury or electus â—st in Regem ab omni populo as Huntindon and others expresse it After which on Easter day Apr 2. 1043. he was solemnly crowned King at Winchester with great pomp by Eâ—dsi Arch-bishop of Canterbury by the unanimouâ— consent of the Archbishops Bishops Nobles Clergie and people of England to their great joy and content without the least opposition war or blood-shed after 25 yeares seclusion from the Crown by the Danish usurpers Our Historians generally record that Bryghtwold a Monk of Glastenbury afterwards first Bishop of Wilton when King Cnute had banished and almost extinguished the whole royal issue of the English race almost past any possibility or probability of their restitution to the Crown which he had forcibly invaded
with much treasure but his other two sonnes Harold and Leofric failed by Bristol into Ireland Moreover the King put away his Queen Editha for her Father Godwins sake thrust her into the Abbie of Warwel or Redwel without worship with one maid only to attend her committing her to the custody of the Abbess his own sister taking away all her substance without leaving her so much as one penny ne scilicet omnibus suis parentibus patriam suspirant bus sola sterteret in pluma Harolds Earldom and County wâ—a bestowed on Algarus who ruled it nobly and he with good will resigned it up to Harold upon his returne These things being done William Duke of Normandy came to visit the King with a great multitude of Normans and Souldiers whom King Edward honorably received and magnificently entertained for a season carrying him about to all his royal Castles and Cities and at last sent back into Normandy with many and great presents bestowed on him and his followers De successione autem Regni spes adhuc aut ment io nulla facta inter eos fuit writes Iugulphus King Edward In Parliamento Pleno having in Plain or full Parliament as Radulphus Cestrensis Knighton de eventibus Angliae l. 1. c. 10. Trevisa and others relate thus banished and outlawed Godwin and his sons in which in condition as some write they continued two ful years Thereupon in the year 1052. Harold and Leofric by way of reveng coming out of Ireland with such ships and forces as they could there raise pillaged the western parts of England infesting the shores with continual robberies carrying away rich booties and slaying such as resisted them Then marching from Severn into the confines of Somsetshire and Dorsetshire they plundered many Towns and Villages in those parts against whom a great multitude assembled out of these two Counties making head were incountred and routed by Harold many of their chief Officers and others being slain After which they returning to their ships with great booties sailed round about by the shore to Plimouth Upon this King Edward speedily sent forth forty ships well victualed and furnished with choice Souldiers commanding them to watch for and resist the coming and landing of Earle Godwin who without their privity coming with a few ships undescerned out of Flanders practised pyracy and pillaged the sea-coasts of Kent and Sussex and at last came to the Isle of Weight where his two sonnes Harold and Leofric joyning their ships and Forces with his they studiously plotted how they might aveng themselves upon King Edward by sea Griffin King of VVales in the mean time by their instigation de populating Herefordshire by land slaying many of the Countrey people who resisted him On the Kings part there were about sixty ships assembled together to oppose Harold riding at anchor the Admirals of which Navy were the Earls Odo and Ralph the Kings kinsmen neither was the King himself sloathfull in this necessity lying all night on shipboard and diligently observing the excursions of these Pyrates executing that by sage counsel which by reason of age he could not act with his hand When both Navies were drawn near together and ready to grapple with and encounter each other a thick fogge and cloud sodainly arising blinded the eyes of these furiou persons and restrained the wretched audacity of these mortals so that they could not encounter each other Godwin with his companions being forced by the winds to returne from whence they came After which Godwin and his sonnes by secret messengers drew unto their party an innumerable company of the inhabitants of Kent Essex Sussex and Surry and all the Mariners of Hastings with many Souldiers and having drawn together a very great Army out of those parts who all promised with one voice To live and dye with Godwin forbearing all plunder and depopulation after they met together taking only victuals for their Army when occasion and necessity required and alluring all they could to their party they marched with their forces first to Sandwich Which the King hearing of being then at London speedily sent messengers to all who had not revolted from him to come with all speed to his assistance who delaying overlong came not at the time appointed In the mean while Godwin comes up the Thames with his Navy and Army toward London and pitched his Tents in Southwark near the City King Edward who was then at London had assembled a great company of armed men together and no small Navy to pursue Godwin and his sonnes both by Sea and Land But because very few with the King or Godwin had courage to fight with each other and the English whose sonnes Nephews Kinsmen and Friends were with Godwin and Harold refused to fight against their own parents kinred of the Kings party thereupon some wise men on both parts diligently endeavored to make a firme peace and reconciliation between the King and Godwin and commanded the Armies and Navies to forbear fighting Godwin being aged and potent both with his favour and tongue to bow the mindes of his auditors very well purged himself from all the things objected against him The next morning Rex habens cum Primaribus suis Concilio the King taking Counsel with his Nobles restored Godwin and all his sonnes except Swane who went on Pilgrimage barefoot to Jerusalem to expiate the murder of Beorne together with the Queen his daughter to their former honours Godwin giving his Sonne VVâ—lnoth and Hake the Son of Swane his hostages to the King for his keeping of the peace and future loyaltie to him whom the King immediatly sent into Normandy to be kept there A concord and peace being thus made and ratified the King and Nobles omni populo bonas Leges rectam justitiam promiserunt promised good Laws and râ—ght Justice to all the people then they banished Robert arch-bishop o Canterbury Willâ—am Bâ—shop of London Vlfe Bishop of Dorchester and all the other Normans who incensed and gave the King evill counsel against Earle Godwin and the English and had invented unjust laws and prâ—nounced unjust judgements against them permitting only some few Normans nominated in our Historians whom the King loved more than the rest and who had been faithfull to him and all the people to remain in England Not long after VVilliam Bishop of London was for his goodnesse recalled and restored to his Bishoprick but Stigand was made Archbishop of Canterbury in the place of Robert and Osburne and Hugh two Normans by birth leaving their Castles here went to the King of Scots who entertained them and so the land was freed from these forreign incendiaries Normannos omnes ignominâ notatos prolata Sententia in Robertum Archiepis ejusque complices quod statum regni conturbarant animum Regis in provinciales agitantes Upon this sentence denounced Robert and others of them presently fled the Realme of their own accord without expecting any actual violence
from Ramesberg to the Monastery of Malmsbury sed Rege jnxta Consilium Procerum id nolente he thereupon resigned his Bishoprick went beyond the Seas and took upon him the habit of a Monk but repenting of his rashness he returned into England three years after and held the Bishopricks of Salisbury and Sherborne united together till the 9th year of King William the Conqueror In the year 1057. Prince Edward son of Edmond Ironside came out of Hungary where he had long lived an Exile into England being sent for thence by his Unkle King Edward who had decreed to make him heir to the Crown after himself but he died at London soon after his return leaving onely Edgar Athelin his son very young and two daughters Margaret and Christiana under the Kings custody and tuition This same year Earl Leofric at the request of his devout Noble Countess Godina freed the City of Coventry from a most grievous dishonest servitude and heavy Tribute wherewith he had formerly oppressed the Citizens being very much offended with them which though frequently importuned by her he would remit upon no other condition but this That his Lady Godina should ride naked through the street of the City from the one end of the market to the other when the people were there assembled Which she to obtain their Liberties from this Servitude and Tribute performed covering her self so with her long fair hair that she was seen and discerned by no body Whereupon the Earl her husband by his Charter exempted the Citizens of Coventry for ever from many payments which he formerly imposed and exacted from them the wisdom of which Earl much benefited the King and people whiles he lived t Algarus his son succeeding him in the Earldom of Mercia in the year 1058. was banished the second time by Kiag Edward but by the assistance of Griffin King of Wales and help of the Norwey 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 Griffin King of Wales having contrary to his former league and agreement invaded infested England slain the Bishop of Hereford burnt the City harrowed 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 Griffins 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 fuerant pensa obedienter se pensurâ—s 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 sides 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 fâ—ud was not long to be deferred For all the sons of the Traytor Earl Godwin were so ungracious covetous oppreffive and so extremely unjust that if they had seen any fair Mannor 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 Regni 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 pieceâ— 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 powdered 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 200 armed men to York where Tosti then resided both to revenge the execrable murder of some Noble Northumberlanders servants to Gospatric whom Queen Egitha in the cause of her brother Tosti had commanded treacherously to be slain on the 4th day of the precedent Christmass and of Gamel the son of Orne 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
with the Second part as a branch thereof above two years since but that the Stationer then kept it back for fear it should swell that Part overbigg for his present Salâ— whereby thâ— bulk of this Third Part is now augmâ—nted beyond its first intended proportion which all Readers may do well to binde up with the two former parts to which it hath special relation more particularly to the ten Propositions in the First Part to which the Proposition figures in the margin refer The most of that large tract of 450. years space I have here Chronologically run through was spent either in bloody intestine wars between our Saxon Kings themselves or the Welsh Buitons warring upon and against each other or else in defensive Wars both by Land and Sea against the invading bloody pâ—â—â—dening Danes Norwegians Scots Normans and other Foreign Nations During which Military seasons Religion Devotion Piety Law Iustice Parliamentary Councills Synods and just Government are usually cast a side and quite trampled under foot yet it is very observablâ— for the perpetual honour of our Kingdom and Kings that as during the reign of our antient British Kings before the Saxon race here seated our Kingdome of Brittain produced Lucius the first Christian King Helena the first Christian Queen and Constantine the great her son the first Christian Emperour in the world who publickly imbraced professed countenanced propagated the faith and Gospel of Iesus Christ and abolished Pagan Idolatry in their Dominions And of later times as our English Realm brought forth King Henry the 8th the first Christian King in the world who by Acts of Parliament abolished the Popes usurped power and jurisdiction out of his Dominions King Edward the sixth his son the first Christian King and Queen Elizabeth the first Christian Queen we read of in the world who totally abolished suppressed Popery banished it their kingdoms and established the publike Profession of the Protestant Religion by publike Statutes made in their Parliaments So during the reigns of our Saxon Kings after they turned Christians this Realm of England procreated more devout holy pious just and righteous Kings eminent for their piety justice excellent Ecclesiastical and Civil Laws transcendent bounty to the Church Clergy and Martyrdom for the defence of Religion and their Country against Pagan Invaders than any one Kingdom throughout the World There being no less then 15 or 16 of our Saxon Kings and 13 Queens within 200 years space who out of piety devotion and contempt of the world according to the piety of that age â—ut of date in this voluntarily renounced their earthly Crowns and Kingdoms and became professed Monks Nuns to obtain an incorruptible Crown and Kingdom in Heaven 12 Kings crowned with Martyrdom being slain by Pagan invaders 10 of them being canonized for transcendent Saints and enrolled for such in all Martyrologies Liturgies of the Church which I doubt few of our new Republican Saints will he Yea the piety of our Kings in that age was generally so surpassing Ut mirum tunc fuerat Regem non Sanctum videre as John Capgrave informs us Whence Wernerus a forein Chronologer in his Fasciculus temporum records Plures se invenisse sanctos Reges in Anglia quam in alia mundi Provincia quantumcunque populosa And Abbot Ailred long before him gives this memorable testimony of the Sanctity Martyrdom Justice and study of the peoples publike we al before the private shining forth in our Saxon Kings more than in any other kings throughout the world Verum prae cunctis civitatibus Regnisve terrarum de sanctitate Regum suorum Anglia gloriatur quorum alii coronati martyrio de terreno ad caeleste Regnum migraverunt alii exilium patriae praeferentes mori pro Christo peregre deligerunt nonnulli posito diademate disciplicinis se monasticis subdederunt quidam in justitia et sanctitate regnantes prodesse subditis quam praeesse maluerunt whose footsteps I wish the pretending self-denying antimonarchical domineering Saints over us would now imitate inter quos istud Sydus eximium gloriosus Rex Edwardus emicuit quem cernimus in divitiis egenum in deliciis sobrium in purpura humilem sub corona aurea seâ—uli contemptorem So as the Prophesies of Psal 72 2 6. Isay 42 4 10 12. c. 49. 1 23. c. 51 5. c. 60 9 10 11. c. 66. 19. seem to be principally intended and verified of our Kings Isle above all others in the world No wonder then that these ages of theirs afford us not withstanding all the wars tumults combustions therein sundry memorable Presidents of great Parliamentary Councils Synods Civil and Ecclesiastical excellent Laws and Canons made in royal Charters confirmed by them with divers memorable Mouuments both of our Parliamentary Councils Kings Princes Nobles Peoples constant care diligence prudence fortitude in defending preserving vindicating and perpetuating to posterity the good old Laws Liberties Franchises Rights Customs Government publike justice and Propriety of the Nation to suppress abolish all ill Law tyrannical unjust Proceedings Oppressions Exactions Imposts Grievances Taxes repugnant thereunto to advance Religion Piâ—ty Learning the free course of Iustice and the peoples welfare Which I have here in a Chronological method for the most part faithfully collected out of our antientest best Historians and Antiquaries of all sorts where they ly confused scattered and many of them being almost quite buried in oblivion and so far forgotten that they were never so much as once remembred or insisted on either in our late Parliaments and Great Courts of Iustice in any late publike Arguments or Debates touching the violation or preservation of the fundamental Laws Liberties Properties Rights Franchises of the Nation now almost quite forgotten and trampled under foot after all our late contests for their defence I have throughout these Collections strictly confined my self to the very words and expressions of those Historians I cite coupling their relations together where they accord in one citing them severally where they vary and could not aptly be conjoyned transcribing their most pertinent passages in the language they penned them omitted by our vulgar English Chronologers and annexing some brief observations to them for Explanation or Information where there is occasion The whole undertaking I here humbly submit to the favourable acceptation and censure of every judicious Reader who if upon his perusal thereof shall esteem it worthy of such an Encomium as William Thorne a Monk of Canterbury hath by way of Prologue praefixed to his own Chronicle Valens labor laude dignus per quem ignota noscuntur occulta ad noticiam patescunt praeterita in lucem praesentia in experientiam futura temporibus non omittantur quia labilis est humana memoria necesse constat scriptis inseri memoranda ne humanae fragilitatis contingens oblivio fieret posteris inopinata confusio It will somewhat incourage me to proceed
from these remote obscure times to ages next ensuing in the like or some other Chronological method But if any out of disaffection to the work or diversity from me in opinion shall deem these Collections useless or superfluous I hope they will give me leave to make the selfsame Apology for my self and them as our most judidicus Historian t William of Malmesbury long since made for himself and his Historical collections Et quidem erunt multi fortassis in diversis Regionibus Angliae qui quaedam aliter ac ego dixi se dicant audisse vel legisse Veruntamen si recto aguntur judicio non ideo me censorio expungent stilo Ego enim veram Legem secutus Historiae nihil unquam poâ—ui nisi quod à sidelibus relatoribus vel scriptoribus addidici Porro quoquo modo haec se habeant privatim ipse mihi sub ope Christi gratulor quod continuam Anglorum Historiam ordinaveram vel solus vel primus at least wise in this kind Si quis igitur post me scribendi de talibus munus attentaverit mihi debeat collectionis gratiam sibi habeat electionis materiam Quod superest munus meum dignanter suscipite ut gaudeam grato cognitoris arbitrio qui non erravi eligendi judicio Thus craving the Benefit of thy Prayers for Gods Blessing on these my publications for the common liberty weale and Benefit of the Nation I commend both them and thee to Gods tuition and benediction WILLIAM PRYNNE Lincolns Inne December 6. 1656. A Seasonable Legal and Historical Vindication of the good old Fundamental Liberties Rights and Laws of England Chapter 3. Section 4. Comprehending a brief Collection of all the most observable Parliamentary Councils Synods Conventions Publique Contests Debates Wars Historical Proceedings Passages Records relating to the fundamental Liberties Franchises Rights Customs and Government of the People under our English Saxon Kings from the year of our Lord 600 till the death of King Edmund Ironside and reign of Cnute the Danish King Anno Dom. 1017. with some brief Observations on and from the same IN the former Section I have presented you with a general brief Account of our first English Saxon Christian Kings limited Power and Prerogative being obliged to govern their English-Saxon Subjects not arbitrarily but justly according to their known Laws and totally disabled to alter repeal any old or enact any new Laws to impose any publique Taxes Tallages Imposts Customs whatsoever on their people upon any real or pretended necessity to make any War Peace or to alienate the Lands or ancient Revenues of their Crowns to any pious publique or private uses whatsoever without the common consent of their Nobles and Wisemen in general Parliamentary Councils together with a Summary of the Laws of Ethelbert the first Christian Saxon King wholly pretermitting the Names Acts Kingdoms of our first Pagan Saxon Usurpers rather than lawfull Kings who though many and great in their generations were very speedily brought to nothing their Kingdoms begun erected by blood conquest and meer power of the Sword standing not long unshaken by civil wars among themselves each King envying his equals greatness and seeking to inlarge his own Dominions upon the next In which Combustions few or none of them came to the Grave in due time but were either slain in war or treacherously murdered in Peace or expelled their Realms by or forced to resign their Crowns to others after all their former prosperous successes and reigns wholly spent in Wars Troubles Seditions Rebellions Rapines affording nothing worthy memory for their peoples good the Kingdoms settlement or imitation of Posterity Whence Henry Huntindon in the close of the 2 Book of his Histories p. 320 hath this Observation concerning them very seasonable for our present times Vide igitur Lector perpende quanta Nomina quam cito ad nihilum devenerint Attende quaeso stude cum nihil hic duret ut adquiras tibi regnum substantiamillam quae non deficiet Nomen illud honorem qui non pertransibit monimentum illud claritatem quae nullis saeculis veterascet Hoc praemeditare summae prudentiae est acquirere summae caliditatis adipisci summae faelicitatis I shall now in this Section proceed in my intended Chonological Method to their next succeeding Christian Saxon Kings reigns in England till the reign of King Cnute the Dane Anno Domini 1017. It is recorded of Aethelbert the first Christian Saxon King of Kent that keeping the Feast of our Saviours Nativity at Canterbury with his Queen Eadbald his Son Arch-Bishop Augustine and the Nobles of the Land he there held a Parliamantary Council with them on the 5. of January in the year of our Lord 605. Which Thomas Sprot thus expresseth in the Language of his age rather than of that Convocato ibidem communi Concilio tam Cleri quam Populi dic quinto Januarii he did then and there Omnium singulorum approbatione consensu as he relates or cum consensu Venerabilis Archie â—iscopi Augustini Ac Principum meorum cum Aedbaldi filii mei aliorumque Nobilium optimatum meorum Consilio as his Charters recite give grant and confirm to the Church of St. Peter and Paul in Canterbury for ever sundry Lands pretious Utensils Privileges and Immunities by his Charters made and ratified in this Council In which it is most probable he likewise made those Judicial Decrees and Laws with the advice of his Wise men for the benefit of his people in his own Country Saxon Language Which our venerable Beda William of Malmesbury Huntindon Bromton and others mention only in the general and Bishop Enulph hath registred to posterity in his famous manuscript intituled Textus Roffensis of which I have given you some account before Section 3. p. 50 51 52. on which you may reflect In the year of Christ 627 Paulinus perswading Edwin King of Northumberland to become a Christian to avod eternal torments and to be made a partaker of the Kongdom of Heaven The King answered That he was both willing and ought to receive the faith which he taught but he ought first to confer with his Friends Princes and Counsellors concerning it that so if they concurred in judgement with him they might all be baptized together Assembling therefore his Wisemen and advising with them he demanded severally of them all What that Doctrine which they never heard of till then and that new worship of God which was preached by Paulinus seemed to them To whom Coyfi the chief of the Priests presently answered Do thou consider O King what that Religion is which is now preached to us I profess unto thee that which I have most certainly learned that the Religion we have hitherto imbraced hath no virtue at all in it whereupon it remains that if those new things which are now preached unto us shall appear to thee upon
examination to be better and stronger than our Religion let us hasten to embrace them without any delay To whose wise perswasions and words Another of the Kings Nobles giving his Assent spake something concerning the brevity and incertainty of this life and of their ignorance and incertainty of that life which is to come concluding That if this new Doctrine brought any thing to them more certain than that they formerly imbraced it ought to be deservedly followed The rest of the Elders and Kings Counsellors prosecuting the like things by Divine admoniâ—ion Coyfi added that he desired to hear Paulinus preaching concerning God more diligently than before which when he had done by the Kings command he cryed out having heard his preaching I heretofore understood that what we worshipped was nothing because by how much the more diligently I sought the truth in that worship the less I found it But now I openly professe that in this preaching the truth shines forth which is able to give unto us the gifts of eternal life salvation and happiness Whereupon O King I advise thee that the Temples and Altars we have consecrated without any fruit or benefit we should now presently execrate and burn Upon this without more debate the King openly gave his assent to the preaching of Paulinus renouncing Idolatry confessed that he did imbrace the faith of Christ. And when the King demanded of Coyfi his Priest who ought first to prophane and destroy the Altars Temples of the Idols with the rails and bounds wherewith they were inclosed He answered I who have worshipped them through foolishness And presently renouncing his Superstition he demanded Arms and an Horse of the King which by their old Law Priests might noâ— use which being granted him he mounted the Horse with a Sword and Lance in his Hand and riding to the Idols thus armed the people deeming him to be mad prophaned the Temple and commanded his Companions to destroy and burn it with the Idols and all the Hedges about it which they did Whereupon the King with his Nobles and very many of the people embraced the Christian Religion and were baptized by Paulinus in the Church of St. Peter at York which the King there speedily commanded to be built of Wood and afterwards enlarged ordaining Paulinus Bishop of that place who converted baptized him and his people as Beda and others more largely record the History From which memorable president we may observe these particulars 1. That the King himself could not then alter the established Laws or received Religion of this Realm though falfe nor introduce new Laws or set up the true Religion without the concurrent Assent of his Nobles and Wisemen in a general Parliamentary Council 2. That the Princes Chief Priests Nobles anâ— Aeldermen of the Realm were the Parliament Members in that Age. 3. That every one of them in these Councils had freedom of Vote and Debate and gave their voices severally for the bringing in of Christianity and destruction of Idolatry William of Malmesbury gives this Character of this Kings Government after he became a Christian and of the vicissitude of humane affairs worthy our present observation he being suddenly slain in battle together with his Son after all his former conquests and felicity Nullus tunc Praedo Publicus nullus latro domesticus insidiator conjugalis pudoris procul Expilator alienae Haereditatis exul Magnum id in ejus laudibus nostra aetate splendidum Itaque Imperii sui ad eos limites incrementa perducta sunt ut Justitia Pax libentèr in mutuos amplexus concurrerent osculorum gratiam grata vicissitudine libantes faeliciter tunc Anglorum Respublica procedere potuisset nisi mors immatura temporalis be atitudinis Noverca turpi fortunae ludo virum abstulislet Patriae Aetatis enim 48. Regni 17. Rebellantibus Regulis quos sub jugum miferat Ceadwalla Britonum Penda Merciorum cum Filio interemptus miserabile varietatis humanae fuit exemplum nulli prudentiâ inferior qui nè Christianam fidem nisi diligentissimè inspectatâ raâ—ione voluit suscipere susceptaeque nihil existimare comparabile Anno 673 Theodor Archbishop of Canterbury held a great Council at Hertford presentibus Episcopis Angliae ac Regibus Magnatibus universis the Bishops of England and Kings to wit King Lotharius and Easwine and all the Nobles being present at it In this Council they made ten Canons or Laws which they all subscribed and raâ—ified with their hands the 7th whereof was That a Synod or Parliamentary Assembly should be assembled twice or because divers causes hindred Placuit omnibus in commune they all agreed in common that in the Calends of August in a place called Cloveshoon a Synod should be congregated at least once every year The rest of them you may peruse in the marginal Authors at leisure being meerly Ecclesiastical and not so pertinent to my Discourse Ceadwalla King of the West-Saxons In the year of our Lord 680. granted to Bishop Wilfrid certain Lands with their appurtenances called Pagaliam cum consensu devotâ confirmatione omnium Optimatum meorum with the consent and devout confirmation of all his Nobles assembled in a Parliamentary Council the grant of his Crown Lands to him being not valid to bind his Successours without his Nobles concurrent confirmation William of Malmesbury writes of him That though before his conversion unto Christianity he addicted himself to wars and to plunder and spoil his neighbouring Kings yet he conscientiously dedicated the tenth of all his spoils to God Inter haec arduum memoratu est quantum etiam ante Baptismum inservierit pietati ut omnes manubias quas jure praedatorio in suos usus transcripserat Deo Decimaret In quo et si approbamus affectum improbamus exemplum juxta illud Qui offert sacrificium de substantia Pauperis quasi qui immolat filium in conspectu patris If all the Plundering warring Saints of this Age would imitate his example in giving the Tenths of all their spoils and plunders to God his Ministers instead of spoiling them of their Tithes and antient Church-Revenues men would deem them as good Saints as this plundering conquering Saxon King of whom it is likewise storied that before he turned Christian intending to invade the Isle of Wight and unite it to his Kingdom he vowed to give the 4th part of the Iland and Prey to Christ if he should vanquish it Whereupon he conquering the Isle slew the Natives in it being Pagans with a Tragical slaughter and in performance of his vow gave to Bishop Wilfrid and his Clerks for their maintenance and encouragement the possession of 300 I Hides of Land being the fourth part thereof When our new Conquerours shall be so bountifull in bestowing the fourth or but the tenth part of all the pretended conquered Lands they have gotten on Christs Church and Ministers instead of
World those Lands and Revenues which their pious Kings and Ancestors had granted and appropriated to God and his Church as their perpetual inheritance without substraction or diminution They thereupon enacted decreed and in the name of God Almighty commanded that all their successours both Kings and Princes with all other Laymen whatsoever should not invade the Rights Lands or Dominions of the Churches which they then confirmed nor presume to violate the Privileges granted to them and specially by king Withreds Charter which they ratified in this Council with all their subscriptions wherein he and they exempted Churches from all secular services and Tributes but such as they should voluntarily and freely render without compulsion which should not be drawn into custom to their prejudice witnesse this Clause of the Charter and exemption then confirmed ab omni debito vel pulsatione Regalium Tributorum nisi suâ spontaneâ voluntate ex largitate beneficiorum quid facere velint tamen hoc imposterum non servetur nec habeatur in malam consuetudinem The same King Withred in the Parliamentary Council of Berghamsteed Anno 697. by the advice and common consent of his Bishops and other Ecclesiastical Orders cum viris quibusdam militaribus enacted sundry Ecclesiastical and civil Laws to be added to the former Laws and customs of Kent the first whereof is this That the Church shall be free and enjoy her Judgements Rents and Pensions And Anno Dom. 700. this king Withred unâ cum consensu Principum meorum together with the consent of his Nobles and Bishops who subscribed their names to his Charter granted to the Churches of God in Kent that they should be perpetually freed ab omni exactione publica tributi atque dispendio vel laesione à praesenti die tempore c. From all publick exaltion of Tribute and from all dammage and harm rendring to him his posterity such honour and obedience as they had yeelded to the Kings his antecessors under whom Justice and Liberty was kept towards them About the year of our Lord 678. Wilfrid Archbishop of York being in a Council unjustly deprived of his Bishoprick by Theodor Archbishop of Canterbury who envied the greatness of his Wealth Power and Diocess which he would and did against Wilfrids will in that Council divide into 2 more Bishopricks was after that time exiled the Realm through the malice of Egfrid king of Nortbumberland and Emburga his Queen whom he would have perswaded to become a Nun and desert her Husband as some Authors write and others deny in his favour without any just and lawfull cause and after that about the year 692. being again deprived of his Bishoprick and right by the Judgement and sentence of another Council held under Aldrid king of Northumberland and Bertuald Archbishop of Canterbury he thereupon made two successive appeals to Rome against their two unjust sentences as he conceived them The first to Pope Agatho and a Council of 150 Bishops held under him who decreed he should be restored to his Bishoprick and make such Bishops under him by advice of a Council to be held by him as he should deem meet with which decree against his first sentence he returning from Rome to king Egfrid to whom he delivered it sealed with the Popes Seal the king upon sight and reading thereof in the presence of some of his Bishops tantùm à reverentiâ Romanae sedis abfuit was so far from obeying this Decree of the Roman See that he spoiled Wilfrid of all his Goods and possessions and committed him prisoner to a barbarous and cruel Governour who thrust him into a dark dungeon for many days and after that committed him to another more cruel Gaoler than he called Tumber who endeavoured to put him into Fetters by the Kings command which he could no ways fasten upon his Legs but they presently fell off again through a Miracle Whereupon wickedness giving place to Religion he was loosed from his Bonds detained in free custody and afterwards released but not restored After which about the year 693. he appealed again to Pope John against the proceedings of the second Council which refused to re-admit him to his Archbishoprick unless he would submit to the decrees of Archbishop Theodore and Brithwald his successor which he refused to do unless they were such as were consonant to the decrees of the holy Canons which he conceived theirs not to be because they would order him to condemn himself without any Crime objected to him Upon which appeal this Pope with his Bishops pronounced Wilfrid free from all Crime and ordered him to return to his Aâ—chbishoprick writing Letters to Ethelred King of Mercians and Alfrid King of Northumberland to restore him thereunto Alfrid receiving the Popes Letters by Wilfrids Messengers altogether refused to obey the Popes commands in this Case saying Quod esset contra rationem homini jam bis à toto Anglorum Concilio damnato propter quaelibet Apostolica scripta communicare That it was against reason to communicate with a man already twice condemned by the whole Council of the English Nation for any writings of the Pope so little were the Popes authoritie and decrees then regarded in England contradicting the kings and English Councils proceedings neither would he restore him all his life After his death Edulfe usurping the Crown by Tyranny Wilfrid repaired to him to restore him to his Archbishoprick upon this account of the Popes Letters Whereupon he was so inraged with him for it though formerly his great friend that he presently commanded him to depart the Realm forthwith unless he would be spoiled of all his goods and cast out of it with disgrace But this Usuper being deprived both of his Realm Crown and Life in little more than 3 Months space and Osred son of king Alfrid being restored to the Crown by the Nobles as right heir thereunto at last Wilfrid was re-invested in his Bishoprick by the decree of a Council held under him in Northumberland at a place called Nidden An. 705. not so much in obedience to the Popes command as king Alfrids attested by Elfleda his Sister then Abbess of Streneshash witness these words of Berfride Ego jussionibus Papae obediendum censeo praesertim cum eorum robori accedat Regis nostri Jussio nostrae necessitatis sponsio c. Puer in Regem levatus hostis abactus Tyrannus extinctus est igitur Regiae voluntatis ut Episcopus Wilfridus revestiatur Upon which he was accordingly restored whereupon all the Bishops embraced him and reconciled themselves to him This Bishop Wilfrid procured to the Church of Hagustald which he founded and was Bishop thereof many privileges and that for one miles circuit round about none should be arrested going or coming but injoy inviolable peace Quod institutum authoritate privilegiis Romanae sedis Apostolicorum Archiepiscoporum Episcoporum Regum Principum
fame of which Act coming to his Nobles and Souldiers not far from the place They upon Exhortation of Esric the chiefest of them not to let pass the death of their Lord unrevenged to their notorious and perpetual infamy furiously encountred Keneardus and his Complices and notwithstanding all their fair promises of Mony preferments to them and all intreaties after a sharp bloody incounter put them all to the sword with the loss of some of their own lives Ecce quomodo Dei Iustitia non solum futuro saeculo verum etiam in isto digna meritis manifesto judicio recompensat c. Add Henry Huntindon Roger Hoveden John Bromton Malmesbury and others as a Corollary to this History of Sigibert and Kenulphus Which all Traitors Tyrants and Usurpers treading in their exorbitant footsteps may do well advisedly to consider In the year of our Lord 758. The people of the Realm of Mercia rising up against their King Bernred because he governed them not by just Laws but by Tyranny assembled all together in one as well Noble as Ignoble and Offa being their Captain they expelled him out of the Kingdom and then by the unanimous consent of all as well Clergy as people they crowned Offa King This Bernred as Malmesbury Speed and Simeon Dunelmensis write treacherously murthered King Ethelbald his Soveraign whose General he was and thereupon usurping his Throne and turning a Tyrant as most Usurpers do was in the very first year of his usurped reign expelled the Realm and soon after slain by Offa and so dignum finem insidiarum tulit being Author necis of his Sovereign King Ethelbald à suis tutoribus fraudulentèr interfectus as our Historians observe A good Memento for other Traitors and Usurpers treading in his footsteps Qui Regnum Tyrannus invasit per modicum tempus in parvâ laeritiâ jocunditate tenens Regnum cum vitâ perdidit as Wigorniensis writes of him The English complaining to King Offa in the year 775. of the great exactions in forein parts under Charls the Emperour they being then at variance so as their trading and merchandize was every where prohibited in both their Realms thereupon King Offa by gifts sent to the Emperour obtained this Grant and Privilege from him for his Subjects That all Pilgrims passing through his Dominions to Rome for piety and devotion sake alone should have free and peaceable passage without any molestation or Tribute That all Merchants and others in the company of Pilgrims passing only for gain not devotion should pay only a certain established Tribute in fitting places That all English Merchants and Traders should have lawfull protection by his command within his Realm and if in any place they were vexed with unjust oppression that upon complaint to him or his Judges they should have full justice done unto them In the year 780. Aethâ—â—red or Adelred king of Northumberland was deposed by his Subjects after he had reigned 3 years and quite driven out of his Realm by his Nobles who the next year after assaulted and burnt a certain Consull or Earl being their justice in his own house plus aequo saevientem for tyrannizing beyond the Bounds of Law and Right I shall not insist upon the manifold Insurrections of these Northumberlanders against their kings nor their disloyal depositions expulsions Murders of most of them upon pretended oppressions and Exorbitancies in Government rather than â—eal nor on the strange general bloody frequent depredations wars devastations Plagues Judgements Invasions by Danes Normans Scots and others inflicted justly on them for the same by Divine Justice more than on all other parts of this Iland since I have touched some of them before and shall glance at more of them hereafter all which the studious may read at leisure in Maslmesbury Huntindon Hoveden Aethelwerdus Matthew Westminster Bromton Florentius Wigorniensis Simeon Dunelmensis Radulphus de Diceto Polychronicon Holinshed Speed and others Only I shall give you the sum of them about this age in the words of Simeon Dunelmensis and Richardus Hagulstaldensis Crudelis exinde Barbarorum manus innumeris navibus in Angliam transvecta omnia quaqua versum depopulans Northunhymbrorum autem provincias atrocius devastans omnes Ecclesias omnia Monasteria ferro incendio delevit adeo ut nullum pene Christianitatis signum post se discedens reliquerit Monachi qui loci reverentia confidentes remanserunt de Ecclesiâ extracti alii in mare sub hostibus submersi alii Captivi abducti alii detruncati alii aliis tormentis miserabiliter affecti omnes simul interiêrunt Et indè prosiliens flammâ et ferro in exterminium omnia duxit c. After which sad successive devastations for sundry years by the Danes they were so totally depopulated and extirpated by Famine Sword and Pestilence by the Normans An. 1069. that the whole Country was reduced into a desolate Wilderness without an inhabitant and lay untilled for nine years space bestiarum tantum latronum latibula being only Dens of Beasts and Theeves And how many times it hath been wasted depopulated with fire and sword since this by the Scots and what barbarous cruelties they have exercised therein you may read in the Continuation of Simeon Dunelmensis by the Prior of Hagustald col 264. in Historia Ricardi Prioris Hagustaldensis de Gestis Regis Stephani bello Standardi col 315 316. and other Chronicles since that time The Lord in Mercy divert the like judgements from that Northern part and the whole kingdom now for the like transgressions of a later date In the year of Christ 787. as most account Pope Adrian sent Legates into England to confirm the faith which Augustine had preached who being honourably received both by the Kings Clergy and People thereupon held a great Parliamentary Council at Calchut Chalchuthe or Cealtide as Henry Huntindon stiles it In this Council Offa king of Mercians and Kenulphus king of West-Saxons with all their Ecclesiastical and secular Princes Nobles Elders Bishops Abbots were present who all subscribed and consented to the Ecclesiaestical and Temporal Laws and Canons therein made and published being 20 in Number The principle whereof relating to my Theam I have formerly recited In this Parliamentary Council King Offa caused Egfrid his eldest son to be solemnly crowned King who from thenceforth reigned with him And in it Jambertus or Lambert Archbishop of Canterbury much against his will resigned part of his Arch-Bishoprick to the Arch-bishop of Litchfield by the command and power of King Offa who envying the power and Pride of the Archbishop of Canterb. deprived him in this Council notwithstanding all Jamberts appeals to Pope Adrian of all Lands and Jurisdiction within his Realm of Mercia erecting a new Arch-bishoprick at Litchfield to which he subjected all the Bishops of Mercia being then six in number ill by another Council they were reunited of
That Archbishop Wulfred by the mis-information and enmity and violence and avarice of king Kenulph had suffered many injuries and was most unjustly deprived of his just dominations as well by those things which were done unto him amongst us here in England as by those things which were brought against him to the See Apostolick by the procurement of the foresaid King Kenulph by which accusations and discords not only the fore-named Archbishop but also the whole English Nation for almost six years space was deprived of its primordial authority and of the Ministry of sacred Baptism Above all these things the said king Kenulph at a certain time with his Council coming to the City of London appointed a day with great indignation wherein the Archbishop should come unto him whither when he came the King commanded that relinquishing all his goods he should speedily depart out of England without hopes of returning any more neither by the command of our Lord the Pope neither by the intreaties of the Emperour nor of any other person unless he would consent to his will in demising to him a farm of 300 Hides of Land called Leogenesham and moreover would give to the said King one hundred and twenty pounds in money This reconciliation the said Wulfred refusing long contradicted and when the friends of the man of God and Nobles of the King who loved him very much perceived the rapacity and violence of the King they importuned the Archbishop that he would consent to the Kings will upon this condition that the King should relinquish the difference which he had raised between the Pope and Archbishop by his Messengers and should restore to the said Father all the power and dignity which belonged to the said Primates See according to the authority which his Predecessors most amply enjoyed in former time But if the King could not do this that he should then restore the mony and Land which he exacted of the Arohbishop to him again Upon this condition therefore the said reverend Father gave his assent But nothing of the aforesaid condition was performed For three whole years after the said agreement he remained deprived of the power which his predecessors and himself had before that difference over Suthmenstre as well in pasture mony vestments as obedience which belonged to the Metrapolitical See But after the death of King Kenulf when Beornulf reigned the said Archbishop Wulfred invited Abbess Kenedrytha Heir and Daughter of King Kenulf to the foresaid Council whither when she came the Archbishop complained in the audience of all the Council of the injuries and troubles offered and done to him and to Christs Church by her Father and required reparation from her if it were Just Then all the Council found it to be Iustice et hoc unanimi consenm Decrevit and Decreed it by a unanimous consent That all those things which her Father had taken away from the Archbishop she ought justly to restore unto him and to give him so much again for reparation And moreover should restore all the use or profit the foresaid Father had lost in so long a space which she humbly promised to do It seemed good therefore to king Beornulf with his Wisemen for friendship sake most diligently to make a reconciliation and amends for the said Lands between the heirs of King Kenulf and thc Archbishop and because this pleased the king and he humbly intreated it out of Love and Friendship to the King the Archbishop consented thereto for the heirs of the said king Kenulf often desired to have the said Father to be their Patron and intercessor And they intreated him with humble devotion that for a full reconciliation he would receive in four places one hundred Hides of Land to wit Herges and Herfording Land Wamdelea and Gedding Then the Archbishop for the love of God and the amiable friendship of Beornulf consenred to this accord upon this condition that the foresaid Abbess should deliver to the said Archbishop the foresaid Lands of one hundred Hides with the Books which the English â—all Landbor and with the same liberty which he had before for a perpetual inheritnace Whereupon king Beornulf with the testimony of the whole Council proclaimed it to be altogether free But this Agreement was not all this time ratified because after these things the promise remained unfulfilled for 12 Moneths for three Hides or tenements of the foresaid Lands were detained and the Books of 47 tenements to wit the Book of Bockland the Book of Wambelea and also the Book of Herfocdingland But in the year following she the said Ahbess desired a Conference with the foresaid Archbishop who at that time was in the Country of the Wicii at a place called Ostaveshlen where he held a Council where when she had found the man of God she confessed her folly in delaying her former agreement upon which the Archbishop with great sweetness shewed that he was altogether free from the foresaid agreement and that of her part there were many things wanting which she ought to have restored but she being brought before the Councill greatly blushing humbly promised that she would restore all those things that were wanting and with a willing mind restored to the Archbishop the Books of certain Lands which before she had not promised with the Lands adjudged to him as Sir Henry Spelmans Margent supplies the defect in the same Council She likewise added thereto a farm of 4 tenements in Hevgam for his favour likewise She gave to the Archbishop 30 Hide land or tenements in Cumbe with a Book of the said Lands that a firm and stable friendship and accord might remain between all the heirs of King Kenulâ—f and the Archbishop To all which things the Archbishop gave his consent upon this Condition that the names of the aforesaid Lands should be rased quite out of the Ancient Privileges which belong to Wincelcumbe lest in after times some controversie should be raised De hoc quod Synodali authoritate decretum est et signo crucis firmatum concerning this which was ended by authority of the Council and confirmed with the sign of the Ctoss By this and the precedent Councils of Clovesho it is apdarent first That the Injustice Rapine and oppression of our Saxon Kings themselves was then examined and redressed in and by our Parliamentary Councils 2ly That Tittles to Lands Jurisdictions Privileges unjustly taken from the Church and other men by our kings or other great persons and complaints touching the same were usually heard determined and redressed in the great Parliamentary Councils of that Age upon complaints made thereof and that to and before the whole Council not to any private Committees not then in use 3ly That restitution reparations and damages in such Cases were usually awarded in such Parliamentary Councils not only against the Kings Parties that did the wrong but likewise against their heirs as here against Abbess Cenedritha Daugher and heir to king
which sums I never find paid by his Successors as he prescribed by his Will and Charter too because not confirmed by his great Parliamentary Councils of Prelates and Nobles as his forcited Charter and Peter-pence likewise granted by him were upon this occasion as some record that he being in Rome and seeing there outlawed men doing penance in bonds of Iron purchased of the Pope that Englishmen after that time should never out of their Country do penance in Bonds About the year of our Lord 867. Osbrith King of Northumberland as Bromton records residing at York as he returned from hunting went into the house of one of his Nobles called Bruern Bocard to eat who was then gone to the Sea-coasts to defend it the Ports against Theeves and Pirates as he was accustomed His Lady being extraordinarily beautifull entertained him very honorably at dinner The K. enamored with her beauty after dinner taking her by the hand leads her into her Chamber saying he would speak with her in private and there violently ravished her against her will which done he presently returned to York but the Lady abode at her house weeping and lamenting the deeds of the King whereby she lost her former colour and beauty Her Husband returning and finding her in this sad condition inquired the cause thereof wherewith she fully acquainting him he thereupon cheered her up with comfortable words saying that he would not love her the lesse for it since her weakness was unable to resist the Kings power and vowed by Gods assistance speedily to avenge himself her of the King for this indignity Where upon being a Noble and very potent man of great Parentage he called all his kinsmen and the chief Nobles of his Familie to him with all speed and acquainted them with this dishonour done to him by the king saying he would by all means be avenged thereof and by their Counsel and Consent they went all together to York to the king who when he saw Bruern called him courteously to him But he guarded with his kinred and friends presently defying the King resigned up to him his Homage Fealty Lands and what ever he held of him saying that he would never hold any thing of him hereafter as of his Lord And so without more words or greater stay instantly departed and taking leave of his friends went speedily into Denmark and complained to Codrinus king thereof of the Indignity done by King Osbrith to him and his Lady imploring his aid and assistance speedily to revenge it he being extracted out of his Royal blood The king and Danes hereupon being exceeding glad that they had this inducing cause to invade England presently gathered together a great Army to revenge this Injury done to Bruern being of his Blood appointing his two Brothers Inguar and Hubba most valiant Souldiers to be their Generals who providing Ships and other Necessaries transported an innumerable Army into England and landed them in the Nothern parts This being the true Cause why the Danes at this time invaded England in this manner In the mean time the Parents kindred and Friends of Bruern expelled and rejected King Osbrith for this Injury done to him and his Lady râ—fusing to hold their Lands of or to obey him any longer as their Soveraign and advanced one Ella to be King though none of the Royal bloud Our other Historians who mention not this fact of Osbrith and occasion of these Danes arival to revenge it write that the Danes upon their Landing marched to the City of York wasting all the Country before them with fire and Sword unto Tinmouth At that time they write by the Devilsinstinct there was a very great discord raised between the Northumberlanders Sicut semper populo qui odium incurrerit evenire solet For the Northumberlanders at that time had expelled their lawfull King Osbrith out of the Realm and advanced one Ella a Tyrant not of the Royal bloud to the Regal Soveraignty of the Kingdom By reason of which division the Danes taking York ran up and down the Country filling all places with bloud and Grief wasting and burning all the Churches and Monasteries far and near leaving nothing standing but the Walls and ruines of them pillaging depopulating and laying waste the whole Country In which great necessity and distress the Northumberlanders reconciling their two Kings Osbrith and Ella one to another gathered a great Army together against the Danes which their two Kings and eight Earls marched with to York where after a long fight with various success both the said Kings with most of the Northumberlanders were all slain April 11. Anno. 867. The City of York consumed with fire and the whole Kingdom made tributarie to the Danes Simeon Dunelmensis relates that both these kings had violently sacrilegiously taken away certain Lands from S. Cuthberts Church in Durham for Osbrit had by a sacrilegious attempt taken away Wirce wood and Tillemouth and Ella Billingham Heclif and Wigeclif Creca from S. Cuthbert tandem cum maximâ parte suorum ambo praefati Reges occubuerunt Injurias quas Ecclesiae sancti Cuthberti aliquando irrogaverant vitâ privati regno persolverurt Which the Author of the History of St. Cuthbert observes and records more largely as a punishment of their sacrilegious Rapine The Danes hereupon made Egbert king of Northumberland as a Tributary and Viceroy under them Sic Northumbria bellico jure obtenta barbarorum dominium multo post tempore pro conscientiâ libertatis Ingemuit writes Malmesbury de Gestis Regum Angliae l. 2. c. 3. p. 42. These rebellious Northumberlanders about 7 years after uno conspirantes consilio expelled Egbert the Realm by unanimous consent together with Archbishop Wilfer making one Richius King in his Place the Danes both then and long after possessing and wasting their Country and slaughtering them with fire and sword as the Marginal Historians record more then any other parts of the Iland by a just divine punishment for their manifold Treasons Seditions Factions Rebellions against and Murders of their Soveraigns In the year 868. a great Army of these victorious plundering Danes marched out of the Kingdome of Northumberland to Nottingham which they took and there wintered Whereupon Beorred or Brithred King of Mercians Onmesque ejusdem gentis Optimates and all the Nobles of that Nation assembled together Where the King Consilium habuit cum suis Comitibus comilitonibus omni populo sibi subjecto Quasitèr inimicos bellicâ virtute exuperaret sive de Regno expelleret held a Council with his Earls and fellow Souldiers and all the people subject to him how he might vanquish these Enemies with military power or drive them out of the Realm By whose advice he sent Messengers to Ethelred King of the West-Saxons and to his Brother Elfrid humbly requesting them that they would assist and joyn with him against the Danish Army which
with the Danes and slew 3 of their Kings with a great multitude of their forces That night the other Danish Kings dispersed abroad to pillage the Country wirh a great booty many captains coming to the tents of their routed Companions with a numerous Army were inraged with the slaughter of their Confederates in their absence Whereupon most of the English secretly fled away from the Earl and their Captains in the night through fear who early in the morning having heard divine Offices and receiving the Sacrament resolved not to retreat but manfully to fight with the Danes though not above 700 to their many thousands being most ready to die for the defence of the faith of Christ and of their Country Whereupon the Danes assailing them with great multitudes and fury they all standing and fighting close together valiantly susteined their assaults from morning till evening without giving ground Upon which the Danes to sever them purposely feigned a Flight and began to leave the Field Hereupon the English contrary to the commands of their Captains dissolving their Ranks and dispersing themselves to pursue the Danes they suddenly returned and slew most of the English who fought gallantly with them to the last gasp some few of them only escaping After which the Danes marching to the Abby of Croyland put the Abbot with all the Monks and Persons they there found one Child excepted to the Sword after they had extremely tortured them to discover where their Treasures were broke up all the Tombs pillaged and burnt the Abby with all the Edifices thereof leaving it a meeâ— ruinous heap then marching on laying all the Country waste before them with fire and Sword sparing neither person age nor sex they cast down burnt destroyed and levelled to the Ground the goodly Monasteries of Bradney Peterborough Huntingaon Ely with sundry others murthering as well all the Monks as Nuns therein which their merciless Swords after they had first polluted them To avoid whose barbarous rape Ebba Abbess of Coldingham and her Nuns by her example and perswasion cut off their upper Lips and Noses to deform themselves to their lascivious eyes which bloody Spectable preserved their Chastity from their Lust but not their Monasterie or bodies from their Cruelty they burning them and their Nunnery to Ashes After which the same year Inguar and Hubba marched against St. Edmund who in the year 855. was chosen King of the East Saxons Ab omnibus Regionis illius magnatibus et populis by all the Nobles and People of that Realm being sprung from the antient Royal blood of the Saxons and compelled to take the Government on him much against his will being then but 13 years old and consecrated King by Bishop Humbert in the Royal Town called Bury The reason of their malice to this King as some of our Historians write was this that he was maliciously accused to have murthered their Father Lothbroc driven by a sudden storm in a small boat into England as he was hawking at Fowl by this Kings Faulkoner who having murthered himself out of meer malice was by judgement of the Knights and Lawyers banished the Realm and put alone into Lothbrocs Boat without Oare or Sails for murthering him and so sent to Sea being driven in it into Denmark to excuse himself he maliciouslie accused the King of this Murther to these his Sons Who thereupon invaded England with an Army to revenge their Fathers death And the Reason why they at this time so extraordinarily prevailed aud over-run the Land was The Civil Discords Wars and Emutations amongst the Saxon kings who either out of Malice or Ambition to advance their own Dominion or base unworthy fears would rather induce these common Enemies to over-run them than assist one another against them which William of Malmesburie thus expresseth Meminerit interea lector quod interim Reges Merciorum et Northanimbrorum captata occasione adventus Danorum quorum bellis Ethelredus insudabat a servitio West-Saxonum respirantes dominaâ—ionem suam penè asseruerant Ardebant ergo cunctae saevis popularibus provinciae unusquisque Regum inimicos magis in suis sedibus sustinere quam compatriotis Laborantibus opem porrigere curabat Ita dum maluit ivindicare quam praevenire injuriam socordiâ suâ exanguem reddiderunt Patriam Dani sine obstaculo succressere dum et provincialibus timor incresceret et proxima quaeque victoria per additamentum Captiâ—orum instrumentum sequentis fieret c. Northanimbri jamdudum civilibus dissentionibus fluctuantes adventante hoste correxerunt discordiam Itaque Osbirthum Regem quem expulerant in solium reformantes magnosque moliti paratus obviam procedunt sed facilè pulsi infra Urbem Eboracum se includunt quâ mox à victoribus succensâ cum laxos crines effusior flamma produceret tota depascens maenia ipsi quoque conflagrati patriam ossibus texêre suis Mercii non semel obtriti obsidatu miserias suas levaverunt At vero Ethelredus multis laboribus infractus obiit Orientalium Anglorum pagi cum urbibus et vicis à praedonibus possessi Rex eorum sanctus Edmundus ab eisdem interemptust Anno Dominicae Incarnationis 870. 12 Calendas Decembris temporaneae mortis compendio regnum emit aeternum The manner of King Edmunds Martyrdom Historians thus relate An. 870. Hinguar King of the Danes invading King Edmunds Realm with a great Power sent a Messenger to King Edmund to demand the half of his Treasure and Wealth and that he should hold his Realm under him threatning otherwise to waste his Kingdom and extirpate him and his People Sed nimis fraudulentèr Hinguar thesauros exigebat qui Clementissimi Regis caput potius quam pecunias sitiebat writes Matthew Westminster Whereupon Bishop Humbert advising him to fly from the Danes who approached with their forces towards him to save his life The King wished Would to God that I might preserve the lives of my Subjects for whom I desire to lay down my life for this is my chiefest wish that I may not survive my faithfull Subjects and most dear friends which this Cruel Pirate hath theevishly slain neither will I stain my glory by flâ—ght who never yet sustained the reproaches of Waâ—re The Heavenly King also is my Witness that no fear of the Barbarians shall separate me from the Love of Christ whether living or dead Then turning to the Messenger of Hinguar he said Thou art worthy to suffer the punishment of death being wet with the blood of my people But imitating the example of my Christ If it should so happen I am not afraid willingly to die for them Return therefore speedily to thy Master and carry my answers to him Although thou takest away my Treasures and riches which the Divine Clemency hath given me by thy power yet thou shalt never subject me to thy infidelity for it is an honest thing to defend perpetual liberty together with purity of
Soveraign Jurisdiction of the Crown This King by appointing Hundreds and Tithings throughout the Realm with Constables and Tithing men who were to take sureties or pledges for the good behaviour of all within their Jurisdictions or else the hundred to answer all offences injuries therein committed both to the party and king caused such a general peace throughout the Realm and such security from Robbers and plunderers even in those times of war That he would hang up golden bracelets in the High-ways and none durst touch them and a â—irâ— might have travelled safely laden with Gold from one end of the Realm to the other without any violence Matthew Westminster and Florence of Worcester record That he spent a great part of his time in Compositione legum Quibus Milvorum Rapacitatem Reprimeretur simplex â—â—denum de otio firmaretur And amongst many other mâ—morable acts of his Justice as he frequently examined the Judgements and Proceedings of his Judges and Justices severely checking them when they gave any illegal Judgement against Law and Right meerly out of Ignorance of which they were to purge themselves by Oath that they could judge no better so he severely punished them when they thus offended out of Corruption Partiality and Malice Andrew Horn in his Mirrour of Justices records That he hanged up no less than 44 of his Judges and Justices in one year as Murtherers and Capital Offenders princicipally for their false judgements in condemning and executing sundry of his people against Law without any lawfull tryal by their Peeres or Verdict and Iudgement by a sworn Iury or upon in sufficient evidence or for Crimes not Capital by the Laws The names of these Judges with their several offeâ—ces you may read at large in Horn. Had those pretended Judges of a new 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 Just 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 John and King Henry the 3 some hundreds of subsequent Statutes and the Petition of Right not known in Alfreds days I find in the Preface to King Alfreds Laws of which Laws Abbot Ethelred gives this true encomium Leges Christianissimas scripsit promulgavit in quibus fides ejus et devotio in deum sollicitudo in subditos misericordia in pauperes Iusticia ciâ—ca omnes 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 Justice to be rendred to every one neither will there be need of any other Law or Law-book whatsoever if he who sits Judge upon others shall only remember this that he would not himself should pronounce any other sentence against others than what he would should be passed 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 England and these being throughly instructed by Gods mercy did 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 Deserter of his Lord or King they decreed that this Milder punishment by pecuniary Mulcts was not to be inflicted 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 constituerum ordained the punishments of every kind of offences and commitâ—ea 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 the 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 30 31 32 33 34 35 38 39 40 41 42 44 45 46 48 51. with the Laws of our other Saxon kings prescribing particular 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 Magisttates according to the Laws then established in such sort as they would have them administred to themselves in the like Cases 4ly That wilfull Traitors and Deserters of their lawfull Lords Soveraigns were not to be spared or pardoned by the Laws of God or Men nor yet punished only with sines but put to death without Mercy Wherce this Law was then enacted by king Alfred and his Wisemen Lex 4. Si quis vel ger se veâ— susceptam vel suspectam â—ersonam De morte Regis tradet vitae suae reus sit et
omnium quae habebit and if any fought or drew any weapon in the Kings house and was apprehended sit in arbitrio Regis sit vita sit mors sicut ei condonate voluerit Lex 8. because it might endanger the kings person This king Alfred made two special Laws for securing even Leets and Inferiour Courts of Iustice from armed violence and disturbances by fighting which I shall recite Lex 41. Si quis coram Aldermaâ—no Regis pugnet In publico emendet Weram Witam sicut rectum sit supra hoc CXX s. ad Witam Lex 42. Si quis Folemot id est populi placitum Armorum exercitione turbabit emendet Aldermanno CXX s. Witae id est foris 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 Peers and Great men of the Realm assembled in the highest greatest Parliamentary Councils and over-awe imprison secure seclude and forcibly dissolve them at their pleasures as some of late times have done beyond all former Presidents During the reign of this Noble king Alfred Gythro the Dane sometimes stiled Godrin or Guthurn Anno 878. with an invincible Army running over all the Coasts of England wasiing the Country and depopulating all sacred places wheresoever he came quicquid in auro et argento rapere potest Militibus erogavit and seising upon loca quaeque munita forced King Alfred being so distressed that he knew not what to do nor whither to turn himself to retire and save himself in the Isle Aethelingie for a season till recollecting his scattered Subjects and Forces together he vanquished Githro and his Army in a set battel at Ethendune and then besieging him and his remaining forces 15 dayes in a Castle to which they fled compelled them by Famine and the Sword to make peace with him upon this Condition ut Regni et Regis infestationem perpetuo abjurarent That they should perpetually abjure the infesting of the King and Realm and that they should turn Christians which they accordingly performed Githro with 30 of the choicest men in his Army being baptized at Alve 15 days after king Alfred being their Godfather and giving him the name of Aethelstane After which Alfred feasting him and his Captains 12 days in his Court gave Githro Eastengland to inhabit wherein king Edmund reigned to be held of and under him Whereupon Githro and his Danes An. 879. leaving Cirencenster marched into the East parts of England which he divided amongst his Souldiers who then began to inhabit it by Alfreds donation Upon this accord or some time after King Alfre and Gythro by the Common consent of their Great Councils and wise men made and enacted certain civil and Ecclesiastical Laws for the government of their People and Realms recorded in Bromton Lambert and Spelman where those who please may peruse them the Prologue and 2 first Laws whereof I shall only recite as both pertinent to my purpose and seasonable for our times much opposing the Magistrates coercive power in matters relating to God and Religion Hoc est consiliâ—m quod Alredus Rex et Godrinus Rex eligerunt et condixerunt quando Angli et Dani ad pacem et concordiam plenè convenerunt et Sapientes et qui posteà successerunt saepiùs Hoc est assidâ—è renovantes in bonum semper adduxerunt Cap. 1. Inprimis est ut unum Deum diligere velint et omni Paganismo sedulo renunciare et instituerunt secularem Iustitiam pro eo quod sciebant quod non poterant multos alitèr castigare plures verò Nolebant ad Dei cultum sicut deberent aliâ—è Inclinari et secularem emendationem instituerunt communem Christo et Regi ubicunque Recusabitur Lex Dei justè servari secundum dictionem Episâ—opi Et hoc est primum edictum Ecclesiae Pax intra parietes suos ut Regis Handgrith semper inconvulsa permaneat Cap. 2. Siquis Christanitatem suam malè mutat vel Paganismum veneretur verbis vel operibus reddat sic Weram sic Witam sic Lashlyte secundum quod factum sit that is Let him be fined and ransomed according to the quality of his offence This Noble King Alfred who fought no lesse than 46 bloody Battels with the Danes by Land and Sea for his Countries Liberties Although he was involved in perpetual Wars and Troubles with the Danish Invaders all his daies as our Historians and this his Epitaph Demonstrates Nobilitas innata tibi probitatis Honorem Armipotens Alurede dedit Probitasque laborem Perpetuumque Labor nomen cui mixta dolori Gandia semper erant spes semper mixta timori Si modò victus er at ad crastina bella parabat Si modò victor erat ad crastina bella pavebat Cui vestes sudore jugi cui sica cruore Tincta jugi quantum sit onus regnare probarunt Non fuit immensi quisquam per climata mundi Cui tot in adversis vel respirare liceret Nec tamen aut ferro contritus ponere Ferrum Aut Gladio potuit vitae fiuisse Labores I am post transactos Regni vitaeque Labores Christus ei fit vera quies sceptrumque perenne Yet these things are remarkable in him 1. That he most exactly and justly governed his people by and according to his and his Predecessors known Laws in the midst of all his Wars not by the harsh Laws of Conquest and the largest Sword 2. That he advanced Learning and all sorts of Learned Men erecting Schools of Learning and the famous University of Oxford which he founded or at least refounded when decayed in the heat of all his Wars and Troubles 3. That he was so far from spoyling the Church and Churchmen or any other his Subjects of their Lanâ—s Tithes or Revenues to maintain his perpetual Wars against the impious Pagan Danes who destroyed all Churches and Religious as well as other Houses where ever they came that he not only prepared adorned endowed many old deoayed Churches and Monasteries but likewise in the year 888 he built two new Monasteries of his own at Ethelingei and Shaffâ—esbury and endowed them with ample riches and possessions and by sundry Charters gave several Lands to the Churches of Durham Worcester and Canterbury Moreover he not only duly paid Tithes and other Duties to the Church himself but also by his Laws enjoyned all his Subjects under sundry mulcts justly to pay Tithes and Churchels to their Priests and Ministers with all other Duites and Oblations belonging to the Church for the maintenance of the Ministers and Gods worship together with Peterpence for the maintenance of the English School at Rome prohibiting all men to invade the Churches Rights and Possessions under severe penalties 4. That he equally divided all his annual Revenues into two equal parts
as Matthew Westminster and others stile it in the Province of the Gewisii which by reason of the Enemies incursions had been destitute of a Bishop for 7 years space Whereupon the King and Bishops in this Council taking good advice made this wholsom constitution That instead of 2 Bishops whereof one had his Sea at Winchester the other at Schireburn 5 Bishops should be created ne Grex Domini absque cura Pastorali luporum incursionibus quateretur Whereupon they in this Council elected 5 Bishops to wit Frithstan for Winchester Athelin for Schireburn Aedulfe for Wells Werstan for Crideton and Herstan for Cornwal assigning them their several Sees and Diocess and two other Bishops for Dorchester and Cirencester all consecrated by Archbishop Plegmond at Canterbury in one day Wil. of Malmesb. and some others write that this Council was summoned upon the Letter of Pope Formosus who excommunicated king Edward with all his Subjects for suffering the Bishopricks of Winton and Scireburn to be void for 7 years space together But this must needs be a great mistake since Pope Formosus was dead ten years before this Council and before these Bishopricks became void and his pretended Epistle to the Bishops of England makes no mention at all of the king as Sir Henry Spelman well observes In the year 906. king Edward made a Peace and firm agreement with the Danes of Northumberland and east-East-England at Intingford when as some think he and Guthurn the Dane reconfirmed the Civil and Ecclesiastical Laws formerly made and ratified by his Father King Alfred and Guthurn But Guthurn dying in the year 890 full eleven years before this Edward was king could not-possibly ratifie these Laws at the time of this Accord being 16 years after his decease as the Title and Prologue to those Laws in Mr. Lambard and Spelman erroneously affirm wherefore I conceive that this confirmation of these Laws was rather made in the year 921. when all our Historians record that after king Edward Anno 910. had sent an army into Northumberland against the perfidious and rebellious Danes slain and taken many of them Prisoners and miserably wasted their Country for 4 days space for breaking their former Agreement with him after his Sister Aegelfled An. 919. had forced the Danes at York to agree and swear that they would submit to her and her Brothers pleasure in all things and after Edward had vanquished the other Danes Scotch and Welsh in many Battles thereupon in the yeat 921. the king of Scots with all his Nation Stredded king of Wales with all his people et Regnaldus or Reginaldus Reginald King of the Danes with all the English and Danes inhabiting Northumberland of which Reginald then was King comming to King Edward An. 921. submitted themselves unto him elected him for their Father and Lord and made a firm Covenant with him And therefore I conjecture that Guthurnus in the Title and Preface of these Laws is either mistaken or else mis-written for Reginaldus then King of these Northern Danes who had no King in the year 906 that I can read of in our Historians Abbot Ethelred gives this Encomium of this Kings transcendent modesty and justice Rex Edwardus vir mansuetus et pius omnibus am abilis et affabilis adeò omnium in se provocabat affectum ut Scotti Cumbri Walenses Northumbri et qui remanserant Daci eum non tà m in Dominum ac Regem quam in Patrem eum omni devotione eligerent Tanta dehinc Modestia regebat Subditos tanta Justitia inter proximum et proximum judicabat ut contra veritatem non dico nihil velle sed nec posse videretur unde fertur quibusdam iratus dixisse dico vobis si possem vicem vobis redidissem Quid non posset Rex in Subditos Dominus in Servos Potens in infirmos Dux in milites Sed quicquid non dictabat aequitas quicquid veritati repugnabat quicquid non permittebat Justitia quicquid Regiam mansuetudinem non decebat Sibi credebat impossibile I wish all our modern domineering Grandees would imitate his presidential Royal Example Yet I read of one injurious Act done by him After the decease of his renowned Sister Elfleda Queen of Mercia Anno 920. he dis-inherited her only Daughter Alfwen or Elwyn his own Neece of the Dominion of all Mercia who held that Kingdom after her Mother seising and Garrisoning Tamesworth and Nottingham first and then disseising her of all Mercia uniting it to his own Realms and removing her thence into West-Sex Magis â—urans an utiliâ—èr vel in utilitèr Quan an juste vel injustè Writes Henry Humingdon which innrious action Si violanda sit fides regni causâ violanda will not excuse The Chronicle of Bromton records that King Edward as he inlarged the bounds of his Kingdom more than his Father So Leges condidit he likewise made Laws to govetn it which are there registred to Posterity in two parcels as made at several times but in what year of his Reign this was it informs us not The first of these Laws declaring his zeal to publick Justice according to the Laws then in Force is this Edwardus Rex mandat et praecipit omnibus Praefectis et Amicis suis ut Justa judicia judicent quam rectiora possint Et in judiciali Libro stant nec parcant nec dissimulent pro aliqua Re Populi Rectum et jus publicum recitare et unum quodque placitum terminum habeat quando peragatur quod tunc recitabitur The first Chapter of the second part of his Laws intimates that they were made by his Wtse men assembled in a Parliamentary Council at Exeter witness the contents thereof Edwardus Rex admonuit Omnes Sapientes quando fuerunt Exoniae ut investigarent simul et quaererent quomodo pax eo rum melior esse possit quà m anteà fuit quia visumest ei quod hoc impletum sit aliter quam deceret et quam aute à praecepisset Inquisivit it aque qui ad emendationem velint redire et in societate permanere quâ ipse sit et amare quod amat et nolle quod nolit in Mari in Terrâ Hoc est tunc Ne Quisquam rectum difforceat alicui Siquis hoc faciat emendet sicut supra dictum est In his first Laws then either made or rehearsed prima vice 30 s. secundâ similitèr ad tertiam vicem 120 s. Regi The last Chapter being the VIII in Bromtons translation but the XI in the Saxon Coppy is this Volo ut omnis Praepositus habeat Gemotum an Hundred Court semper ad quatuor hebdomadas et efficiat ut omnis homo rectum habeat et omne placitum capiat terminum quando perveniat ad finem Siquis hoc excipiat emendet sicut antè dictum est King Edward deceasing Aethelstan his eldest Son designed by his Fathers Will to succeed him was
elected King at Winchester in the year 924. Magno Optimatum consensu et omnium favore and solemnly Crowned at Kingston only one Alfred and some factious ones opposed his election pretending he was illegitimate and born of a Concubine whereupon they would have set up his Brother Edwin being legitimate and next heir as they pretended whom the Generality of the Nobles rejected nondum ad regnandum propter teneros Annos Idoneo Aethelstan after his Coronation knowing his Brother to be born in lawfull Matrimony and fearing Ne per ipsum quandoque Regni solio privaretur lest he should be some time or other deprived of his kingdom by him hated him extremely and at the sollicitation of some Parasites whereof his Cup bearer was the chief to be rid of him and this his fear he caused young Edwin attended only with one Page to be put into an old broken Boat in the midst of the Sea without Sail Oare or Pilate that so his death might be imputed to the waves out off which Boat the young Prince in discontent cast himself head-long into the Sea or rather the Page threw him head-long over-board and so was he drowned But the Page recovering his body by rowing with his hands and feet brought it to Land where it was interred The King was hereat so troubed with a real or feigned contrition for this barbarous bloudy fact that he did seven years voluntary penance for this his fratricide and adjudged his Cup-bearer to a cruel death who gave him this ill advice and to pacifie his Brothers Ghost 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 Lands to expiate 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 Athelstane 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 Malmeshury 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 Commonwealth 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 Justice enacted sundry excellent civil and ecclesiastical Laws recorded in Bromt. Lamb. Spelm. The first of these his Laws were made and enacted in the famous Couneil of Grately about the year 928 in which the king himself Wulfehelm Archbishop of Came 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 〈◊〉 of informs us in these words Totum hoc institutum est et confirmatum In magno Synodo apud Grateleyam cui Archi piscopus 〈…〉 et omnes Dptimates et Sapientes quos Adelstanus Rer potuit Congregare Or Cum. Dptimates et Sapientes ab Aethelstano evocati frequentissimi as another Copy renders it which proves that all the Members of this Council were summoned to it by this kings writ and not elected by the peoples suffrages And although the Archbishops Bishops and other Clergy men were the chief advisers of the Ecclesiastical Laws made in this Council as this Prologue to them attests Ego Aethelstanus Rex ex prudenti Uâ—fhelmae Archiepiscopi aliorumque Episcoporum et Servorum Dei consilio mando yet they were all enacted and confirmed by all the Nobles and Wisemen in the Council as the premises evidence In this Council the king commanded by his Laws all his Officers that they should demand and exact from his Subjects such things and duties only as they might justly and lawfully receive adding this memorable reason for it Nunquam enim erit populo bene consultum nec digne Deo conservabitur ubt Lucrum impium et magis falsum diligitur Ideo debent omnes amici Dei quod iniquum est enervare quod justum est elevare non pati ut propter falsum et pecuniae quaestum se forisfaciant homines ergà â—ere â—apâ—entem Deum cui displicet omnis injustitia Which I wish all our unrighteous covetous Tax-masters Excisers and Exacters would now seriously consider After which it follows Christianis autem omnibus necessarium est ut rectum diligant ut iniqua condemnent et saltem sacris Ordinibus erecti justum semper erigant et prava deponant Hinc debent Episcopi cum 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 Judges might not vary And withall defines what Armes every man should find in those times of war against the Danes and other Enemies by his positive Law Lex 21. Sax. 16. Omnis homo habebit duos homines cum bonis equis de omni Carucâ King Ethelstane after this Council at Grately what years is not expressed assembled several other Parliamentary Councils at Exeter Fevresham and Thunderfeld wherein he and his Wisemen by common consent confirmed the Laws made at Grately altering some of them in certain particulars and adding some new Laws unto them as you may
Brithnodus Odonis filius veneruut ad Concilium ex ore Regis ut omnis praepositus vadium capiat in suo comitatu de pace servandâ sicut Adelstanus Rex apud Fefresham et quartâ vice apud Thundresfeldam coram Archiepiscopo et Episcopis et Sapientibus quas ipse Rex nominavit qui interfuerunt et judicia conservaverunt Quae in hoc Concilio fuerunt instituta c. Cap. 18. Item quod Adelstanus Rex praecepit Episcopis suis et praepositis omnibus in toto Regno suo ut pacem it a custodiant sicut recitavit et Sapientes sui Cap. 19. Item Rex dixit nunc iterum apud Thitlan birig Sapientibus suis et praecepit ostendi Atchiepiscopo et caeteris Episcopis quod ei miserabile videtur quod aliquis tà m juvenis occidatur vel protà m parvâ re sicut innotuit ei quod ubique fiebat dixit itaque Quod ei videbatur et eis cum quibus hoc egerat ne aliquis occidatur junior quam quindecim Annorum nisise defendere velit vel aufugere et in manus ire velit ut tunc deducatur sir major sit minor qualiscunque sit si se dederit ponatur in Carcere sicut apud Greateleyam dictum est et per idem redimatur c. Praecepit Rex ne aliquis occidatur pro minori precio quam 12 d. nisi fugiat vel repugnet ne dubitetur tunc licet minus Si haec ita conservemus in Domino Deo confidimus quod pax nostra melior erit quam antea fuit As these passages demonstrate the proceedings of the Parliamenrary Councils in that Age unknown to most for which end I have transcribed them at large so they clearly prove that Theeves or Felons much lesse other English Freemen could not be imprisoned killed put to death fined or ransommed but by special Acts and Laws made in General Parliamentary Councils nor any Laws made enacted or altered in such Councils but by the Kings Royal Assent thereto who then frequently summoned them and all the Members ofthem by writ and nomination without the Peoples Election Henry de Knyghton de Eventibus Angliae l. 1. c. 5. and some other fabulous Authors relate that in the eighth year of King Aethelstans reign Olaus King of Denmark Golanus King of Norwey and the Duke of Normandy with 8 Dukes and 5 hundred thousand Souldiers arived in England bringing with them out of Africa A Giant called Colybrand the strongest and most famous at that time throughout the World Whereupon King Aethelstan hearing of their comming Congregavit Magnates assembled his Noblemen at Winchester to advice with them how they might resist the Enemies and fight with them in Battel Thar whiles king Aethelstan vacaret tali Concilio et congregatione populi sui in Wintonia the foresaid kings came upon him with their Army and besieged him Cum Baronia sua with his Batons in that City for two years space Neither durst the English fight with them by reason of their multitude and Power In the mean time they made this Agreement that king Aethelstan should find out one Champion to fight a single Duel with Colybrand that in all future times the Realm of England should be held of the King of Denmark under a Tribute and if Colybrand were conquered by Aethelstans Chamâ—ion then Olaus should forfeit and disclaim the Realm of England for him and his Heirs for ever and no King of Denmark should afterwards lay claim to the Realm of England nor yet molest it That the king in near one whole years space could not find out a Champion to encounter Colybrand whereupon he and his Nobles were very much troubled At last God by an Angel from Heaven directed the King to find out Guy of Warwick comming thither as a Pilgrim who undertook to encounter Colybrand and after a sharp battel with him in the view of both kings and their Armies cut off one of his hands and after that his head By which Victory the whole Land of England enjoyed the unviolated privilege of rest and Liberty from the Danish king untill Cnute king of Denmark gained the Realm of England from Edmund Ironside But this Relation being contrary to the truth of History and the Stream of all our Historiographers I shall repute it meerly fabulous though I could not well omit it for that Relation it hath to this my Theame anâ— precedent Propositions William of Malmesbury and others out of him record that Elfrid a Noble man who opposed Aethelstans Title to the Crown though in vain intended to have seized on him at Winchester and put out his eyes but his Treason being discovered before it came to the Accomplishment he was taken and sent to Rome to purge himself by Oath where before the Altar of St. Peter and Pope Iohn the 10th he adjured the fact and thereupon fell suddainly down dead to the Earth and being carried from before the Altar by his Servants to the English School he there died within three daies after Upon this the Pope sent to the king to advise what he should do with him and whether he should allow him burial with other Christiaâ— Corps The king hereupon assembling a Council of his Nobles to advise about it Optimates Regionis the Nobles of the Realm with a great Company of Elfrids kindred earnestly requested of the King with great humility that his body might be committed to Christian Burial The King consenting to their Request acquainted the Pope therewith who granted him Christian Burial though unworthy Hereupon the Nobles adjudged all his Lands and Possessions great and small to the King who by their consent granted and confirmed them all to the Abby of Malmesbury by his Charter wherin he recites Sciant Sapientes regionis Nostrae non has praefatas terr as me injustè Rapuisse Rapinamque Deo Dedicasse sed sic eas accepi Quemadmodum judicaverunt omnes Optimates Regni Anglorum Insuper et Apostolicus Papa Romanae Ecclesiae Johannes After which reciting the Treachery perjury and death of Elfred with his Condescention to his Nobles and friends request aforesaid he concludes thus Et sic Adjudicata est mihi tota possessio ejus in magnis et modicis Sed et haec Apicibus praenotamus literarum ne quamdiâ— Christianitas regnat aboleatur unde mihi praefata possessio quam Deo et Sancto Petro dedi donatur nec Justius novi quam Deo et sancto Petro hanc possessionem dare qui aemulum meum in conspectu omnium cadere fecerunt et mihi prosperitatem Regni largiti sunt To which Malmesbury subjoyns In his Verbis Regis sapientiam et pietatem ejus in Dei rebus suspicere par est Sapientiam eo quod animadverterat juvenis presertim non esse Dei Gratiosum de Rapinâ Holocaustum Pietatem eo quod Munus ultione divinâ— collatum Deo potissimum non ingratus rependeret From whence I shall only observe
that Elfrid being a Peer of the Realm dying perjured as asoresaid was adjudged to forfeir all his Lands for Treason after his death only by his Peers in a Parliamentary Council and that if the king had seized on them without their judgement it had been an unjust Rapine by his own Confession but being legally confiscated to him by their Judgement it was no Rapine but Justice for him to seize and Piety to dispose of them at his pleasure to this Church What Churches and Mâ—nasteries he built and repaired throughout the Realm What Lands he restored to St. Augustines Church at Canterbury on the day of his Coronation by the Assent of his Bishops and Nobles though long detained from it and how he gave the Lands of Folcastan in Kent escheated by the Danes destruction of the Nunnery there to Christ-church in Canterbury you may read in the Marginal Authors William of Malmesbury informs us that Baldwin Earl of Flanders sent Embassadour by Hugh King of France to King Ethelstan to demand his Sister for his Wife brought over with him divers rich presents and Reliques Amongst others the Sword of Constantine the Great the Lance of Charls the Great and one of the 4 Nails that pierced our Saviours body set in plates of Gold A piece of our Saviours Cross inclosed in a Christal Case c. all which he presented to the King and Lady cum in Conventu Procerum apud Abindonium proci postulata exhibuisset Which intimates that this King consulted with an assembly of his Nobles about his Sisters Marriage to the King of France as a mater of Parliamentary consideration Ingulphus Hist p. 876 877 878. records that Turketulus was his Chancellor and chief Counsellour who affected not Honors and Riches refused many Bishopricks offered him by the King Tanquam tendiculas Satanae ad animas evertendas and would never accept of any Bishishoprick all his life being Content only with his own Lands and Wages That all his Decrees were so just and legal that they remained irrevocable when once made That he was a great Souldier and fought most valiantly against the Danes and often gloried and said He was most happy in this that he had never murdered nor maimed any one Cum pugnare â—ro patria maximè contra Paganos licite quisque possit He esteeming the slaughter of such Pagan Enemies in defence ef his Country lawfull and no murther nor maim King Aethelstan deceasing without iâ—â—ue his Brother Edmund succeeded him An. 940. who upon the false suggestions of some of his Souldiers and Courtiers dedeprived Dunstan whom he had made his Chancellour and one of his privy Council yea ranked amongst the Royal Palatines and Princes of his Realm of all his dignities and Offices The very next day after being like to break his Neck as he rod a hunting over a steep Rock had not his horse miraculously stopped at the Rocks brink in his full carier he immediatly sent for Dunstan and to repair the injury done him rod presently to Glastonbury and made him Abbot thereof Presently after Anlaffe King of Norwey whom Aethelstan had driven out of the Kingdom of Northumberland came with a great Navy and Army to York being called in by the perfidious and rebellious Northumberlanders who instantly revolted to him and elected him for their King Whereupon he marching Southward with a puissant Army purposing to subjugate the Realm of England to himself King Edmund gathering his forces together encountred him and after a bloody battel fought a whole day between them at Leicester with great loss on both sides Odo Archbishop of Canterbury and Welstan Archbishop of York perceiving the danger on both parts and the Destruction of the Realm made this Agreement between them that Anlaffe should quietly enjoy the whole Northeast part of England lying North of Watlingstreet and Edmund all the Southern part thereof during their joynt Lives and the Survivor of them enjoy the whole Realm after the others decease But Anlaffe soon after wasting the Church of St. Balter and burning Tivinagham with fire was presently seised on by Gods avenging Judgement and miserably ended his life About the year 940. Hoel Dha Prince of all Wales sent for six Laymen eminent for authority and knowledge out of every Kemut or hundred of his Realm and all the Archbishops Bishops Abbots Priors of his Realm dignified with a Pastoral staff who continuing all together in prayer fasting and consultation all the Lent did in this Welsh Patliament make and enact many Civil and Ecclesiastical Laws which they divided into 3 parts and books for the better Government of the Realm and Church which you may read in Spelman In the 22 Law whereof they thus determine Tres autem sunt homines quorum nullus potest per Legem impignorare contra aliquod Iudicium Primus est Rex ubi non poterit secundum Legem in Lite stare coram judice suo agendo vel respondendo per dignitatem naturalem vel per dignitatem terrae ut Optimas vel alius So that by the Laws of those times not only the Kings of England but even the petty Kings of Wales were by their very Natural and Royal Dignities exempted from all personall Tryals and Judgements against them in any Courts of Justice seeing they had no Peers to be tryed by In the year 940 Reingwald or Reginald the Dane comming with a great Navy into Northumberland slew most of the best Inhabitants of that Realm or drove them out of it He likewise seized upon all the Lands of St. Cutbert and gave his Lands to two of his Souldiers one of them called Scula who afflicted the miserable Inhabitants with Grtevous and intollerable Tributes whence even unto this day the Yorkshire-men as often at they are compelled to pay Tributum Regale A Royal Tribute endeavour to impose a pecuniary Mulct on the Land which this Scula possessed for the easing of themselves Scilicet Legem deputant quod Paganus per Tyrannidem fecerat qui non legitimo Regi Anglorum sed barbaro et aliegenae Et Regis Anglorum hosti militabat Nec tamen quamvis multum in hoc Laboraverint Pravam Consuetudinem huc usque Sancto Cuthberto resistente Introducere potuerunt writes Simeon Dunelmensis The other part of those Lands one Onlasbald seised upon who was much more cruel and oppressive to all men than Scula extraordinarily vexing the Bishop Congregation and People of Saint Cutbert and particularly seising upon the Land belonging to the Bishoprick Whereupon the Bishopoft endeavouring by perswasion to draw him to God and entreating him to lay aside the obstinate rigor of his mind and refrain himself from the unlawfull Invasion of the Churches Lands else if he contemned his admonitions God and St. Cutbert would severely avenge the Injuries done by him to them and others He with a diabolical mind contemning his admonitions and Threats swore by his Heathen Gods that
he would from thenceforth be a more bitter Enemie towards St. Cuthbert and them all than ever he was before Whereupon the Bishop with all his Monks falling prostrare on the earth earnestly prayed to God and his holy Confessor to annul those proud Tyrants Threats who was then comming into the place where they were praying having one foot within the Door and the other without in which posture he stood there immovably fixed as if both his feet had been nayled being able neither to go out nor come in but standing immovable till being long thus tortured he there gave up his miserable soul in the place with which example all others being terrified would no further presume by any means to invade the Land nor any thing else belonging of right to the Church Anno 941. the Rebellious o Northumberlanders preferring disloyalty before the Fealty which they owed unto Magnificent Edmund King of England elected Anlaff King of the Norwegians for their King Son to the former Anlaff who perishing suddenly for his Sacrilege as aforesaid he and Reginald the Son of Garthfrith after their Baptism breaking their faith and Agreement with King Edmund by invading his Dominions Edmund thereupon by force of Armes expelled them both out of the Realm of Northumberland and united it to his own kingdom and wrested Lincoln Nottingham Derby Leicester and Stamford out of the hands of the Usurping insolent oppressing Danes with all Mercia subduing and reducing the 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 assembled 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 Or Congregavit magnam Synodum Dei ordinis et saeculi as another translation renders it cui interfuit Odo et VVulstanus Archiepiscopi et alii plures Episcopi ut animorum suorum et corum omnium qui eis curae sunt consuleretur saluti And this Proem of King Edmund himself thus seconds Ego Edmundus Rex omnibus qui in ditione ac potestate meâ sunt senibus juvenibus clare significo Me à scientissimis Regni mei in celebri Ecclesiasticorum quam Laicorum frequentiâ studiose requisiviâ—â—e quo tandem pacto Christiana proveheretur fides c. Or Mando praecipio omni populo Seniorum Juniorum qui in Regione mea sunt Ea quae Investigans Investigavi cum Sapientibus 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—h And in this Council I conceive the Constitutions of Archbishop Odo were read and ratified The greatest part 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 autem Deo vobis omnibus ago gratias Qui me auxilio vestro in hac pacis quam nunc ad profligandos sures sancivimus Le ge adjuvistis ac vehementèr confido eo vos propensius Nobis in posterum opitulaturoâ— quo hujus Decreti observatio magis videbitur necessaria 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 Juramento 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 fidelitatem Edmundo Regi Sicut Homo debet esse fidelis Domino suo sine omni controversiâ seditione in manifesto in occulto in amando quod amabit Nolendo quod nol uit etÌ„ 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 Twelfhindi et Twifhindi that is meu of 600 or 200 s. Land by the year consocientur et exuperent eum vivum vel mortuum alterutrum quod potâ—runt et 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 â—he Mannor of Glastonbury to the Abbey of Glustonbury Consilio et consâ—nâ—u Op imatâ—m meorum then assembled in a Parliamentary Council at London ratifying the Privileges grâ—nted to the Monastery by King Edmund his Father Eâ—frid Ceâ—twine
the presence and by the consent of them all restored granted and re-confirmed by his Charter dictated by Abbot Turketulus heretofore his Chancellour all the Lands and Liberties formerly granted by Kings and others to the Abbey of Croyland with sundry Mannors then given to it by Turketulus himself wherein amongst other Liberties he granted to the Monks quod sint quieti soluti ab omni Scotto Geldo auxiliis Vicecomitum Hydagio ab Secta in Schiris Wapuntakis Hundredis Thrichingis omnibus omnibus aliis curis saeculi oneribus universis This Charter was subscribed and ratified with the sign of the Cross by all the Archbishops Bishops Abbots aâ—d Nobles who gave both their Counsels and Assents thereto as their subscriptiens testifie that so it might be firm and perpetual In the beginning of which Charter this King to shew that he held his Crown only from and under God thus stiles himself Ego Edredus Rex terrenus sub imperiali potentia Regis saeculorum aeternique Principis Magnae Britanniae gerens Imperium c. About the year of Christ 950 Nogui a Welsh King being overmuch incensed with one Arcoit wasted his Lands and with too much fury violared the Sanctuary to which he fled Whereupon Pater Bishop of Landaffe assembled all the Clerks of his Diocess in a Synod to punish this Sacrilege and breach of Sanctuary Which the King hearing of desired pardon of the Bishop and whole Synod for these offences in the Church of Mainnon restoring all the things of the Church he had taken away with satisfaction and effusion of Tears Whereupon to obtain pardon and absolution for the penance they enjoyned him he gave the parish of Guidcon with all the Lands Liberties and Commons appertaining thereunto to God and the Bishops of Landaffe for ever to be held in Frankalmoighne Some five years after Anno 955. Ily a Deacon slaying one Merduter and flying into a Church for Sanctuary thereupon his kinsfolk and some of king Nogui his family forcibly entring into the Church flew Ili before the Altar sprinkling his blood both upon the Altar and Walls of the Church Whereupon Pater Bishop of Landaffe assembled a Synod of all the Priests Deacons and Ecclesiastical persons within his Diocess to excommunicate the Delinquents which King Nogui and his Nobles hearing of fearing the Malediction of the Church the weight whereof they durst not undergoe sent for the Bishop and upon consultation by advice of the Doctors of both sides delivered up the Murderers into the Bishops hands who sent them to the Monastery of St. Teliavi where they were kept 6 Moneths in Iron Chains After which they were excommunicated Synodo quoque Judicanâ—e definiâ—um est unusquisque eorum suum agrum suamque totam substantiam insuper pretium animae suae id est septem Libras Argenti redderet Ecclesiae quam maculaverat determinantibus omnibus Divino Judicio c. The Bishop rising up in the midst of them holding the Gospel in his hand said to Nogui lay thy hand upon this Gospel Whereupon Nogui laying his hand upon it said Sit haec terra cum incolis suis in sempiterna consecraâ—ione Deo c. Patri Episcopo omnibus Episcopis Landaviae Libera ab omni Laicali servitio nisi tantum in oratione quotidianâ in perpetuo It seems the petty Welsh Kings and their Courtiers were all subject in those dayes to the Censures and excommunications of their Synods for their Sacrilege and other unrighteous Actions infringing the Churches Liberties That their Synods had a Judiciary Power and that they could not convey Lands to the Church but by the Consent and Judgement of their Synods which attested and ratified the same as you may read in Spelman Who likewise informs us of another Welsh Synod held at Landaffe about the year 988. wherein Arithmail Son of Nogui King of Guenti slaying his Brother Elised was for this execrable Fratricide excommunicated by Gucan Bishop of Landaffe and all the Synod who thereupon submitting to the penance therein enjoyned him gave certain Lands for ever in Frankalmoighne to God and all the Bishops of Landaffe to purehase his absolution King Edred deceasing to the great grief of all his Subâ—ects his Nephew Edwin formerly put by the Crown for his Nonage was there upon though young crowned King at Kingston by Archbishop Odo An. 955. but in the second year of his reign 957. the Mercians and Northumberians wholly cast off their obedience to him and conspiring alltogether by unanimous consent rejecting him from being their King elected his Brother Edgar for their Sovereign Lord Deo dictante annuente populo VVhereupon the kingdom was divided between them by the bounds of the River of Thames VVhat was the true Cause of this deposition and rejection of Edwin is very doubtfull William of Malmesbury Hovedeu Matthew Westminster Dunelmensis Bromton Henry de Knighton Abbot Ethelred Hygden Florence of Worcester and most of our old Historians being Monks and over-much devoted to their Arch-Patron Dunstan record That the true Causes thereof were First His ill lascivious Life and Incontinency with Alfgiva his Concubine as they write and near kinswoman from whom Archbishop Odo divorced him and likewise with sundry other Concubines which he entertained in his Court whom Odo excommunicated and banished thence 2. His Indiscret and Tyrannical Gvernment contrary to his Laws I. In slighting depressing and destroying the Nobles and Wisemen of the Realm who disgusted his lascivious Courses and in favouring ignorant unjust vicious persons and following their most wicked Counsels 2. In banishing Abbot Dunstan and seising upon all his Goods only for Justice sake because he reprehended him for his exorbitant vicious Courses being then the chief swaying Grandee and head of the Monkish faction 3. In forcibly thrusting out by Armed Souldiers all the Regular Monks throughout England and casting them forth of the Monasteries there being then no Regular Monks in any Monasteries but only in Glastonbury and Malmesbury as the Chronicles of Winchester and others record then seizing upon all their wealth and bestowing their Lands and Monasteries on secular and maried Priests and afflicting these Monks in sundry other kinds But Henry Arch-Deacon of Huntington an antient judicious impartial old Historian flourishing in the year 1148. mentions none of these particulars in his life but gives this honorable Testimony of his Government that it was both prosperous flourishing and laudable Rex Edwi non illaudabiliter Regni infulam tenuit Anno Regni sui Quiuto cum in principio Regnum ejus decentissimè floreret prospera et laet a bunda exordia mors immatur a perrupit And therefore Archbibishop Parker Bishop Godwin Speed and others conceive that the true cause why the Mercians and Northumbrians those only not the rest of his subjects and kingdom rejected him and set up his Brother Edgar whose lasciviousness was more excessive and
vices more extorbitant in some degrees than Edwins which yet our former Monkish Historians blanch or excuse was the Malice of Dunstan and Odo the Pillars and Oracles of the Monkish Clergy who stirred up the Merciaus and seditious rebellious Northumbrians against him to set up Edgar in his stead who was totally devoted to them and Dunstan by whose Counsels he was afterwards wholy guided and built no less than 47 new Monasteries for the Monks besides all those he repaired intending to build three more had he lived to make them 50 compleat and likewise cast out the secular and maried Priests out of all Monasteries and Churches unless they would become Monks replenishing all Monasteries Churches with Monks alone They likewise inform us that the true causes of kings Edwins banishing Dunstan ejecting the Monks and seising their Lands and Treasures was That Dunstan had so bewitched Edmund Edward Athelstan and Aedred his Predecessors with the love of Monkery as that they not only took violently from maried Priests their livings to erect monasteries but also lavishly wasted much of their own Royal Treasures Lands and Revenues upon them which they should have rather employed in resisting the common Enemies of God and their Country the Danes whereupon Edwin perceiâ—ing that all the wealth of the Land was crept into Monasteries not only refrained to bestow more on them but recalled divers of those prodigal Gifts his Predecessors had granted them which the Monks refusing to render upon demand he seized upon them by armed Officers as having indeed cheated his Predecessors and defrauded the Kingdom of them They adde hereunto that King Edrid had committed all his chief Houshold-stuft Plate Records and the Treasures of all the Realm with all the Magazines he had gotten to Dunstans custody and â—aid them up in the Monastery at Glastonbury yea he committed his Kingdom body and Soul unto him So as all was wholly in Dunstans power who alone managed all the publick affairs of the Realm and exercised Regal Authority And when King Edred in his sicknesse demanded all his Housholdstuff Jewels Monies and Treasures from him Dunstan pretending to fetch them before he returned with them Dustan heard a voice as our Monkish Writers fable that Edred was dead in the Lord and thereupon detained them in his and his Monks custody being unwilling to part with them to young King Edwin his Successor whereupon he seised on them by force as of right belonging to him and expelled Dunstan with his Monks And so much the rather because Dunstan presumed most impudently and violently to rush into his Bed-chamber and pull him out forcibly thence on the very day of his Coronation contrary to all Christian and Princely Modesty from the embraces of his beautifull and beloved Alfgina which some Monks and these Historians report to be his lawfull wife not his Concubine and not content therewith he excited Odo Archbishop of Canterbury publickly to divorce her from him some say for consanguinity only and others for other Reasons Whereupon the king betaking himself to his Concubines Odo suspended him from the Church excommunicated all his Concubines caused one of them whom the king best affected to be violently fetched out of the Court with armed Men branded her in the forehead with an hot Iron and then banished her into Ireland After which she returning into England Odo apprehended her the second time and cut off her Sinews at the Hock-bone All which intollerable Affronts so incensed Edwin that he banished and spoyled Dunstan with his Monks as aforesaid and threatned Odo with severe punishments none others in the Realm but these daring then to oppose him hereupon they formerly and then bearing the greatest sway by way of revenge and to prevent Edwins further fury against them stirred up the Mercians and Northumbrians to reject him and that in a tumultuous manner by force of Arme in which Uproar Edgar gained possession of half his Kingdom Matthew Parker and Sir Henry Spelman out of him subjoyns that by these civil dissentions raised between King Edwin and his Brother Edgar they much weakned the forces of the Realm in many set Battels fought between them till at last Edgar getting the better Convocato ad Branfordiam Regni concilio Fratris Edwini acta et decreta rescendit Assemblong a Council at Brandford he repealed all the Acts and Decrees of his Brother King Edwin restored to the Churches and Monasteries the Treasures he had taken from them recalled Dunstan from his former banishment and made him first Bishop of Worcester then of London and last of all of Canterbury Henry de Knyghton a Canon of the Abbey of Leicester relates out of the History of Leicester Abbey That Edwin being expulsed and shamefully thrust out of his kingdom for his evil life and exoroitant actions done against the Church the Monarchy of England continued void above a year Whereupon many murders and wickednesses were committed and infinite mischiefs happened amonst the people for want of Government until holy men both of the Clergy and People deeply affected therewith humbled themselves and uncessantly repented of their sins and prayed day and night to God that he would hear them and mercifully relieve them in so great necessity giving them such a King who might govern the Realm of England in such fort as might redound to the honour of God and profit of the Realm That God beholding their prayers from on high in the night silence this voice was heard from God That they should crown Edgar King though but then a youth who rejoyced with this Divine Oracle most likely by the Monks and Dunstans Legerdemain the Divine Oracle that uttered it speedily advanced Edgar to be King being but 16 years old and so he was elected and crowned King by a divine Oracle which never hapned to any King of England in former times Upon Edgars Coronation and Dunstans restitution An. 959. K. Edwin reigning in a decayed Estate living in little Esteem and without being desired for very grieâ— thereof as some write he died after he had for 4 years space Libidinosè simul Tyrannicè lustfully and also Tyrannically depressed the Realm of England Others affirm that he was deprived both of his Life and Kingdom by the Rebellion of his Subjects But his Monkish Opposites record that he was taken away by an untimely Death by Gods Just Judgement in the year of our Lord 959. Whereupon his Brother Edgar ab omni populo electus being elected king by all the people united the kingdom into one and obtained the intire Monarchy of the Realm the kings of Cumberland Scotland and Wales voluntarily submitting and doing homage to him without any effusion of blood or war King Edgar About the year of our Lord 963. contrived the death of Earl Ethelwald who as some Authors aver against his trust had cheated him of Elfrida only Daughter of Ordgarus Duke of Devonshire the Paragon of her Sex by disparaging
sublunary things The self same year Anno 970. b King Edgar by his Charter granted and confirmed sundry Lands and Privileges to the Monastery of Medeshamsted formerly demolished by the Danes which Bishop Aethelwold had repaired and named Burgh perpetually exempting it from all Episcopal jurisdiction yoak and exaction Quatenus nec Rex nec Comes nec Episcopus praeter Christianitatem attinentium Parochiarum nec Vicecomes nec ulla alia major minorve persona ulla dominatione occupari praesum at excepta moderata expeditione Pontis Arcisve constructione VVhich Charter was ratified by the kings own subscription both the Archbishops sundry Bishops Abbots Dukes and other chief Officers and the sign of the Cross after each of their Names In the year 973. King Edgar after his seven years penance expired on the Feast of Pentecost in the 30th year of his age was solemnly Crowned and consecrated King and wore his Crown with great glory at Akemancester alias Bath both the Archbishops Dunstan and Oswald with all the rest of the Bishops of England ac Magnatibus universis and all the Nobles being there present at his Coronation and received the accustomed Gifts usually given to the Nobles being at such inaugurations Soon after the same year this King with a very great Fleet and Army sayling round about the Northern parts of England came to Westchester where his eight tributary Kings or Vice-royes namely Kyneth king of Scots Malcome King of Cumberland Marcus king of Man and many other Ilands and the other 5 kings of Wales Dufnall Siferth Howel Iames and Iuchill met him as he had commanded them and swore allegiâ—nce to him in these words That they would be faithfull and assisting to him both by Land and Sea Which done he on a certain day entred with them into a Barge and placing them at the Oares himself took the Helm and steered the Barge very skilfully whiles they rowed it down the River of Dec from his Palace to the Monastery of St. John Bapist on the other side all his Dukes and Nobles following and accompanying him in other Barges where having made his Prayers they all rowed him thence back again in like pompe to his Royal Palace which when he had entred he said to his Nobles That any of his Successors might then say he was King of England when with so many Kings following and subject to him he should enjoy the Prerogative of the like pompe and power But Mr. Fox subjoyns In my mind this king had said much better God forbid that I should glory in any thing but in the Cross of our Lord Jesus Christ The year following An. 974. Certain Merchants comming from York arived in the Islle of Thanet in Kent where they were presently taken by the Ilanders and spoyled of all their goods which king Edgar being informed of was so far incensed against these Plunderers that he spoyled them of all their Goods and deprived some of them of their lives Which Huntingdon and Bromton thus record Rex Edgarus undecimo Anno Regri sui jussit praedari Insulam Tenet Quia jure Regalia spreverant non ut hostis insaniens sed ut Rex maâ—o mala puniens The same year as Malmesbuâ—y Ingulphus and others write king Edgar by his regal Charter caused the secular Priests to be removed out of the Monastery of Malmesbury and introducing Monks in their places restored to them the Lands and Possessions of the monastery which the secular Priests formerly enjoyed and had leaâ—ed 〈◊〉 that upon a full hearing before the Wise-men Bishops others in his presence most likely in a Parliamentary Council as this clause in his Charter intimates Haec a praedictis accommodata Clericis a comensioso possessa est Edehnotâ— sed superstitiosa subâ—il que ejus disceptâ—tione a Sapientibns meis audita et conflictatione illius mendosa ab eisdem me praesente convicta Monasteriali a me reaâ— ta est usui If the Council of Winchester hereafter cited Anno 975. was held in King Edgars life time as some affirm most probably this debate here mentioned touching these Lands was held in and before that Council and this Charter therein made and ratified with the subscriptions of the Kings Arch-bishops Bishops Abboâ—s and Dukes thereto annexed according to the custome of that age Although King Edgar in his younger daies was subject to many Vices and committed some injurious Tyrannicâ—â— Acts recorded by Malmesbury Fox Speed and others yet repenting of these his youthfull lustfull Vices he proved such a just and prudent King that our Historians of elder and later ages give these large Encomiums of his Justice Prudence Piety Vertues and politique Government wor hy perpetual memory and immitation So excellent was he in Iustice So sharp was he in correction of Vices as well in his Magistrates Officers and other Subjects that never before his days was less felony by Robbers nor less extortion or Bribery by false Officers such as were wicked he kept under them that were Rebels he repulsed the godly he maintained and the just and modest he loved the learned and viâ—tuous he encouraged He would suffer no mâ—n of what degree or quality soever he were to elude or violate his Laws without condigne punishment In his time there was neither any private Pilferer nor publâ—ke Theef but he that in stealing other mens Goods would venture and suffer as he was sure the loss of his own Goods and Life He was no respecter of persons in judgement but judged every man according to the quantity of his Offence and quality of his person He united all the Nations under him which were divers by the Covenanâ— and Obligation of one Law Governing them all with such Iustice Equity Integrity and Peace that he wastileâ— Rex or Edgarus Pacificus tâ—e pâ—aceable King Edgar In his days not â—orments not Gibbeâ—s not Ex le not banishment were so much feared as the offending of so good and gracious a King He built and endowed no lesse than 48 Monasteries and restored many more endowing them with large possessions privileges out of Piety and Devotion â—s these times reputed it was a great honourer lover promoter of the vertuous and learned Clergy and suppressor of the vicious and scandalous There was scarce one year throughout all his reign wherein he did not some great and memorable necessary thing for the good of his Country and people the honour of God and advancement of Religiòn All which made him so honoured and beloved by his Subjects at home so far dreaded by his Enemies abroad that Nullas Domesticorum insidias nullum exterminium alienorum sensit He never felt any homebred treachery or forein invasion but reigned peaceably all his days without war or bloodshed which none of his Predecessors ever did He was so far from tollerating any violence or rapine in men towards each other that he commanded all the Wolves and
down flat to the Earth very much affrighted Some write that both sides by Dunstans policy appealed to the resolution of the Crucifix in this case in which Dunstan had placed a man with a Trunk in the wall behind the Image who uttered this voice in and by the mouth of the Rood which is most probable Soon after he King and Dunstan heard this second voice from the Crucifix Arise be not afraid because this day Righteousnesse and Peace have kissed each other in the Monks In memory of this chearing Oracle and Monkish fable of which Huntindon Hoveden Wigorniensis Ranulâ—us Cistrensis Fabian and other old Monastical â—istorians make no mention and Malmsbury slightly relates it as An hear-say the Monks of Winchester ingraved these Verses over the head of this Crucifix in their Refectory Humano more Crux praesens edidit ore Coelitus effata quae prospicis hic subarata writing the words forcited under this Distick as then uttered by the Crucifix which asserted before all That Dunstans way was true Where with the Clerks and their Abettors were quite confounded and put to silence Sed adhuc non sedatis animis c. But the Nobles and Clerks minds being not as yet quieted by this Oracle a clear evidence they suspected it as counterfeit our Historians inform us there were three more great Councils soon after held to settle this Controversie between the married Priests and Monks The first at Kerling Kerding or Cerding or Kirking as it is variously stiled Anno 977. which Wigorn. and Hoveden stile Magna Synodus without recording what was done therein Sir Henry Spelman out of an old Saxon Note calls it A great Council affirmes it was held after Easter and that Sideman Bishop of Devonshire died in it That King Edward and the Archbishop therein ordained That every man should goe in pilgrimage to the Church of St. Mary at Abendune out of Devotion And Matthew Parker Archbishop of Canterbury in the life of Dunstan superaddes Dunstanus ibi cum Monachorum labenti conditioni succurrere voluit nihil profecit Itaque hoc dissoluto Concilio aliud in Regia Villa Wilteria quae Calne vulgo appellatur coegir This Great Council held at Calne some stile it Cleve was purposely called the same year 977. to end the long continued Controversie between the Monks and married Priests which the feigned Oracle of the Crucifix at Winchester and the Council of Kerding could not determine All the Senators and Nobles of England sitting together at this Council in an Upper room the King being absent by reason of his tender age or sickness the business being debated with great conflict and controvetsie and the strongest wall of the Monkish Church Archbishop Dunstan being assaulted with the Darts of many revilings remained unshaken The Disputants of both parties and orders defending their sides with greatest industry in the midst of the dispute the whole Floor with the Rafters and Beams of the Room wherein they disputed suddenly brake in peeces and fell to the ground with all the people in it except Dunstan who escaped without any harm standing firm on a beam that remained of which he took hold-fast the rest being either slain outright or very much hurt and bruised with the fall so as they languished ever after hardly escaping present death This miracle as our Monkish Authors stile it gave peace to Archbishop Dunstan from the assaults of the English Clerks and others who thereupon from thenceforth submitted to his sentence and judgement if William of Malmesbury and Mat. Westminster may be credited Whereas Florentius Wigorniensis John Bromton and others out of them assure us that there was not long after another Parliamentary Synod or Assembly held at Ambresbery upon the same occasion without recording the Proceedings or Event thereof Some conjecture that this fall was only a fiction of the Monkish VVriters to adde reputation to their languishing cause as well as that of the Crucifix Speech forecited Others conceive it was wrought by Duustans sorcery or Policy Others that it was casual by reason of the weight of the People But Henry Huntindon Hist l. 2. p. 357. Bromton col 876. and Sir Henry Spelman out of them p. 496. record That this fall of the Nobles at Calne was not a Divine Judgement on them for their Opposition against and injury to the Monks as some interpreted it but signum videlicet Dei excelsi fuit quod Proditione et Interfeatone Regis sui ab amore Dei Casuri essent et diverus gentibus digna contritione conterendi as they were soon after broke in pieces by the invading conquering Danes and Normans And whether the late violent falls and ruptures of our Parliaments and Nobles portend not the like fate to England by some other forein Invasions for the like Treachery Apostacy Regicide or far worse let those who are guiltiest of it and others determine at their leisures King Edward imitating the footsteps of his Fathers Religion and Piety was so circumvented by the flattering speeches of his Mother-in-law Queen Elfrida that although she opposed his Title Election Coronation all she could to advance her own Son to the Crown yet retaining only the name of a king to himself he soon after permitted her and his Brother Ethelred his Competitor to order all affairs of the Realm as they pleased VVhereupon as the Chronicle of Bromton relates she began to plot how to dethrone this Man of God King Edward and advance her own Son Ethelred to the Throne Which when she had a long time meditated upon she opened the Secrets of her heart to some of her chief Counsellours advising with them concerning it and earnestly intreating yea conjuring them to assent to her therein and to find out some means to effect it Cui protenus in necem illius omnes conseuserunt who all forthwith consented to his Murder and contrived how they might most speedily accomplish it by some fraudulent device which they soon after executed in this manner King Edward hunting for his disport in the Forest near VVarham hearing that his Brother Ethelred whom he intirely loved was near that place residing then with his Morher at Corph-Castle some stile it Cornesgare rode thither to visit him with very few attendants who either casually or of set purpose lingring behind him sporting in the way he came alone to the Castle gate Queen Elfrida who had a long time waited for such an opportunity being informed thereof went presently to weet him with her bloody Assassinate s and welcoming him with flattering Speeches and a pleasant countenance importuned him to lodge there that night which offer he with thanks refused saying he desired only to see and speak with his btother but would not alight from his horse Whereupon she commanded a Cup of Wine to be speedily brought him to drink appointing one of her boldest Souldiers to kill him whiles he was drinking VVho kissing the king like another Judas
under a pretext of love to take away all suspition so soon as the Cup was at his mouth slabbed him presently into the Bowels with a knife King Edward feeling himself wounded set spurs to his Horse thinking to escape to his own faithfull followers but the wound being mortal he fell from his Horse dead and one of his feet hanging in the Stirrop he was dragged up and down through the Mire and Fields and at last left there dead near Cerf Gate VVhich his wicked Stepmother hearing of commanded her most wicked Servant to drag him by the Heels like a beast and throw him into a little Cottage hard by that the fact might not be discovered Aster which she commanded his Corps to be privily taken from thence left this her most execrable work of darkuess should be discovered and buried in an obscure bushy morish place where it should no more be found by any Most of our Historians write that he was obscurely buried at VVearham without any Royal State Ac sicum Corporc paritèr Memoriam sepellissent invidentes ei sespidem cui Vivo inviderunt decus Regium So Malmsbury or as Matthew Westminster descants on it Invidebant enim mortuo Ecclesiasticam concedere Sepulturam Cni videnti decus Regium auferebant And not content herewith they made an Edict than which nothing could be more cruel That no Man should lament or speak of his death thinking thereby uttâ—rly to aelete his memory But contrary to their expectation God by a supernatural light from heaven shining on the place and sundry Miracles there wrought if our Monkish Historians may bee credited frustrated this design For though the Queen and her Complices out of their transcendent malice which O that some of late times had not overmuch imitated Inimicitias quas viventi ingesserunt in mortuum pâ—otelantes sepelierunt â—um fine Regio honore apud Warham ut sicut vitam ejus extinxerant ita et nomen ejus extinguerent hic vero compertum est contra divinam providentiam non sufficere pravum cor hominis et inscrutabile Quem enim perfidi terris abjicerant Deus coelo gloriosè suscepit et memoriae aeternae insignivit eum Dominus cujus mentionem Proditores obnubulare studuerant But mark the sad sequel of this prodigious Regicide Proditione Gentis suae perfidae thus registred by Henry Huntindon an impartial Historian Inde Dominus iterum ad iram provocatus est et plus solito irritatus Genti pessimae malum inextricabile conferre cogitavit et quod facere paraverat non distulit Veneruntque Dani et operuerunt Angliam quasinubes coeli To which William of Malmsbury subjoyns Creditumque et celebritèr vulgatum quod propter Elfridae in Edwardum insolentiam multo post tempore tota patria servitutem infremuisset Barbaricam Take the summ of his Reign Murther Saintship in these words of Abbot Ethelred Translato ad coelestia Regna Rege Fadgaro in reono terreno filius ejus Edwardus successit Qui injuste ab implis interfectus tum 〈◊〉 sanctitatem tum ob mortis 〈…〉 Sancti Nomen et Meritum Deo donante promeruit being afterward translated to Shaftsbury and there honourably enshrined King Edward being thus treacherously murdered on the 17th day of April Anno 978. when he had reigned only 3. years and 8. moneths by hereditary Succession thereupon on the 8. of May 979. his half-brother Ethelred was crowned King at Kingston by both the Archbishops Dunstan and Oswald and ten Bishops more in the presence of the Nobles much against Dunstans will And although Ethelred so much lamented his Brothers murder being then but a child of ten years old not active to promote this Treacherous plot and so detesting it that his Mother Elfrida in a rage whipped him for it with candles for want of a rod which made him abhor candles all his life yet Dunstan full of a propheticall Spirit at the very time of his Coronation told him that he and his Posterity together with the whole kingdom should suffer grievous tribulation all his reign using these words then unto him Because thou hast aspired to the Kingdom by the death of thy Brother whom thy Mother murdered therefore hear the word of the Lord Thus saith the Lord The Sword and Bloud shall not depart from thy House nor from the Nation but shall rage against thee all the days of thy Life slaying thy séed uutil thy Kingdom shall be translated to another Realm and Nation whose Customs and Language that Nation over which thou reignest knoweth not 〈…〉 in ultiâ—um red gat servâ—tutem who shalâ— reduce them into the ertremet Bondage for conspiring with thy ignominious Mother against the Bloud of thy Brother Neither shâ— thy fin nor the sin of thy Mother Nor the sin of those who were privy to her wicked Counsell that they miâ—ht stretch â—ut an hand against the Lords anointed to slay him be expiated but by a long Revenge and much effusion of bloud Which accordingly came to pass and let all others whom it concerns most nearly with our whole English Nation now seriously reminde it This Prophecie was presently after seconded with a prodigious Cloud spread and seen over all England sundry nights which appeared sometimes bloudy other times fiery and then changing it self into divers sorts of flashings and colours vanished about the morning The very next year following the barbarous Danes invaded England burnt Southampton killing and carrying away Prisoners almost all the Inhabitants thereof after which they infested and wasted the Isle of Teneth and City of West-Chester invading England every year with new forces til they had laid the whole kingdom desolate expelled King Ethelred with his Queen and Children into foreign patts and possessed themselves both of the Crown and Realm as absolute Soveraigns And here before I proceed further I cannot but take special Notice of Gods admirable retaliating Justice inflicted upon some of our Saxon usurping Regicides and their Posterities worthy our saddest contemplation King Edgar as I touched before injuriously usurped upon his elder Brother King Edwyn and by force of arms deprived him of half his Crown and kingdom at first and of his whole Realm if not life too at last But within few years after by Gods avenging hand his best beloved eldest Son and heir King Edward to whom he bequeathed the Crown at his death was first opposed in his Succession and soon after most treacherously butchered by his own Queen and younger Son who invaded the Crown by his slaughter King Edgar treacherously slew Earl Ethelwold as you have read to espouse his wife Elfreda Crown her for his best beloved Queen who no doubt was consenting to if not the contriver of his murder as he was hunting in Worel Forest And she to requite this murder kills his own Son and heir King Edward as he came from hunting in a Forest not very far distant from the same place
Northamtune et congregata ibi tota Provincia sive Vicecomitatu coram cunctis iterum causam supradictam patefecerunt Qua patefacta ac declarata ut praejudicata erat apud Londoniam judicaverunt et isti apud Northamtune Quo facto omnis populus cum jure jurando in Christi Cruâ—e reddiderunt Episcopo quae sua erant scilicet Burch et Undeles et Kateringes By which President it is apparent 1. That Parliamentary Councils in that age held Pleas and gave judgements of Disseisins and Titles of Lands 2. That they had Lawvers to assist them and plead such cases before them 3. That the Judgement given in the Great Council at London was confirmed recited and executed in the County-Court held at Northampton and possession of the Lands accordingly restored to the Bishop King Ethelred being incensed against the Bishop of Rochester Anno 983. as some or 986. as others compute it besieged the City of Rochester for a long space VVhereupon Archbishop Dunstan commanded him to give over the siege lest he should provoke St. Andrew Patron of that City against him The King not withstanding continued his siege till he extorted one hundred pounds from the Bishop VVhere upon Dunstan admiring at his covetousness sent him this Message Because thou bast preferred silver before God Mony before an Apostle covetousness before me the evils which the Lord hath denounced shall violently come upon thee Upon which Matthew Westminster makes this observation Anno 986. Rex Anglorum Aethelredus qui prohibente beato Dunstano Ceâ—tum libras ab Episcopo Roffensi extorserat pro pace brevissima pensionem 16 millium librarum persolvere compulsus est VVhich fell not out till the year 994. as himself and others record Malmesbury referrs it to the Tax of 10 thousand pounds paid by him to the Danes Anno 991. In this year 986. Alfric Duke of Mercians son of Duke Alfere was banished England crudeliter cruelly without just cause as Bromton recites which made him afterwards prove treacherous to the King he being one of those English quos nullis causis extantibus exhaeredabat Rex et affecto crimine opibus emugebat which Malmesbury taxeth him for His oppression and injustice being the chief causes of his miscarriage and expulsion by the Danes Anno 988. The Danes invading VVecedport thereupon Goda Earl of Devonshire Strenwild a most valiant Knight and many others in defence of their Native Country and Liberties fought with them and were slain by them And Anno 891. Brithnoth the most valiant Duke of the East English and his forces fought a set battle with the invading Danes who wasted Ipswich and the parts adjoyning In which battel an innumerable multitude were slain on both sides and this valiant Duke with many thousands of the English in defence of their Country against these Invaders After which by the Counsel of Syricius Archbishop of Canterbury Duke Aethelward Alfric and other Nobles assembled no doubt in a Parliamentary 〈◊〉 as Malmesbury his Duces et Proceres si quando in Concilium venissent pars hic 〈◊〉 illud elâ—gâ—runt c. and Henry de Knyghton his Proceres Regni si quando ad Concilium congregati c. import A Tribute of ten thousand pounds was given to the Danes that they might desist from their frequenr rapines and slaughters of men which they frequently exercised about the Sea-coasts pacemque firmam cumiis tenerent and might hold a firm peace with them Some of our Historians stile this Infaustum Concilium an unlucky Council Eadmerus gives this verdict of it Regis desidia circum circa innotuit Et ideo extevorum cupiditas opes Anglorum quam mortes affectans hac illac per mare terram invadere primo propinquas mari villas urbes deinde remotiores ac demum totam Provinciam miserabili depopulatione devastare Quibus cum ille nimio pavore perculsus non armis occurrere sed data pecunia pacem ab eis petere non erubuisset ipsi suscepto pretio in sua revertebantur ut numero suorum adaucto fortiores redirent ac praemia iteratae irruptionis multiplicata reciperent Unde modo decem millia modo sedecim millia modo viginti quatuor millia modo triginta millia librarum argenti consecuti sunt omnia illis largiente praefato Rege Edelredo et gravi exactione totum Regnum opprimente VVilliam of Malmesbury passeth this censure on it and the unhappy consequence of it Danis omnes portus infestantibus levitate piratica ubique infestanribus dum nesciretur ubi eis occurrere debent decretum à Syriaco Archiepiepiscopo c. ut repellerentur argento qui non poâ—erunt ferro Ita decem millia librarum soluta cupiditatem Danorum expleâ—ete Exemplum Infamiae et Viris indignnm libertatem pecunia redimere quam ab invicto animo nulla violentia poseit excutere Et tunc quidem palisper ab incurâ—bus cessarunt mox ubi vires otio resumpserunt ad superiora reâ—itum Tantus timor Anglos invaserat ut nihil de resistendo cogitarent Si qui antiquae glorlae memores obviare signa colligere tentassent hostium multitudine sociorum defectione destitue bantur whereby they became Vassals and Tributaries to the insulting Danes Cujus Siricii consilio in gestis Regum dixi Ethelredum Regem animi libertatem Danis pretio vendicasse Ut eorum pacem argento redimerent quod ferro repellere posset nisi corde carâ—ret Unde Importabilis Tributi pensio imposita Angliae fortunas provincialium ad solum usque destruxit Henry Huntindon and the Chronicle of Bromton pass this verdict against and deduce this memorable observation from this Tribute Edelredi Regis Anno 13. Primo statuerunt Angli which intimates it to be decreed in a Parliamentary Council Concilio infausto Siricii Archiepiscopi quod ipsi censum Dacis persolverent quatenus à rapinis caede ceâ—â—arent dederunt eis decem mille libras Hoc autem malum usque in hodiernum diem duravit et diu nisi Dei Pietas subveniat durabit Regibus namque nostris modo persolvimus ex consuetudine quod Dacis persolvebatnr ex ineffabili terrore To which Bromton Ranulphus Censtrensis and Henry de Knyghton immediately subjoyn Dacis Tributum annuum solvunt Primo anno 10 milia librarum Secundo anno 16 millia librarum Tertio anno 20 millia librarum Quarto anno 24 millia Quinto anno 40. millia librarum donee tandem pecunia deficiente iterum tenderent ad Rapinas Et tunc Northimbâ—ia 〈◊〉 deâ—â—aedantes et Londoniam obsidenteâ— Coegerunt regem tributum dare Mat. Parker Archbishop of Canterbury thus censures this ill advice of his Predecessor Siricius pacem Christianis ab infidelibus Dacis 10. librarum millibus redemit Ad ignominiam sane peneque pernicient totius Regni Mr. John Fox informs us
to defend their Lives Liberties and Estates Anno 994. Swane king of Denmark and Anlafe king of Norwey with 94 Ships sailed up to London besieged and fiercely 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 Counties of Essex Kent Sussex and Southampton so greivously wasted them with fire and sword burning the Villages and slaying the Inhabitants that King Ethelred Concilio Procerum suorum by the Council of his Nobles assembled 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 sixteen thousand pounds was given and paid out of all England that they should cease from their rapines and â—laughters of innocent persons After this agreement King Anlaf tepaired to Andover to King Ethelred where he received baptism Ethelred being his Godfather and bestowing great gifts upon him Heteupon Anlaf entred into a League with him promising to return into his own Countrey and never after to return 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. 899 900. being made by advice of all his Wisemen assembled in a Parliamentary Council aâ— this Title to them intimates Haec sunt verba Pacis et Prolocutionis quas Ethelredus Rex et omnes Sapientes ejus cum exercitu firmaverunt qui cum Anaâ—anâ— â—t Justino et Gudermundo Stegiari filio venit The Articles of the Peace between them are X. in the Saxon but XI in the Latin Copy The perfidious Danes violating their former agreement Anno 997. came with a great Fleet and Army into the mouth of Severn wasted and laid waste and desolate Northwales and most of the West and South parts of England no man resisting them gaining an extraordinary great booty and Wintring about Tavestock The next year 998. They entring the river of Frome wasted and spoiled Dorsetshire the Isle of Wight and Sussex over and over living upon their spoils whereupon the English many times assembled an Army to resist and expell them but so often as they were about to give them battel Angli aut insidiis aut aliquo infortunio impediti terga verterunt et hostibus victoriam dederunt most of the Nobles of England secretly favouring the Danes and not loving Ethelred quia Alfrida mater sua pro ipso liberius in regno substituendo sanctum Edwardum fratrem suum dolosè extinxerat as Bromton and others attest Anno 999. The Danish fleet entring the river of Medway besieged Rochester and wasted Kent The Kentish men uniting their forces fought a sharp battel with them wherein many were slain on both sides but the Danes winning the field horsed their foot on the horses they gained and miserably wasted all the West part of Kent Which King Ethelred being informeâ— of suorum Primatum Consilio et classem et pedestrem congregavit exercitum by the advice of his Nobles he assembled a Navy and foot Army to encounter them But whiles the ships were preparing the Captains of the Army delaying from day to day their begun levyes and undertakings Grievously vexed the People In conclusion neither the Navy nor Army did any thing at all for the peoples benefit or defence praeter populi laborem pecuniae peâ—ditionem hostium incitationem as Florentius Wigorniensis Roger Hoveden and others observe Hereupon King Ethelred Anno 1000. for the better defence of his Realm resolved to take to wife Emma daughter of Richard Earl of Normandy who was then most valiant and formidable to the whole Realm of France For he saw himself and his Subjects very much weakned and did not a little fear their future overthrow Hoc autem Dei nutu factum esse constat ut veniret contra improbos malum Genti enim Anglorum quam sceleribus suis exigentibus disterminare proposuer at sicut et ipsi Brittones peccatis accusantibus humiliaverant Dominus omnipotens duplicem contritionem proposuit et quasi militares insidias adhibuit Scilicet ut hinc Dacorum persecutione saeviente illinc Normannorum conjunctione accrescente si ab Dacorum manifesta fulminatione evaderent Normannorum improvisam cum fortitudine cautelam non evaderent Quod in sequentibus apparuit cum ex hac conjunctione Regis Anglorum et filiae Ducis Normannorum Angliam JUSTE secundum jus Gentium Normanni et calumniati sunt et adepti sunt Praedixit etiam eis quidam vir Dei quod ex scelerum suorum immanitate non solum quia semper caedi et proditioni studuebant verum etiam quia semper ebrietati et negligentiae domus Domini dediti erant eis insperatum à Francia adventurum Dominium quod et eorum excellentiam in aeternum deprimeret et honorem sine termino restitutionis eventilaâ—et Praedixit etiam quod non ea gens solum verum et Scottorum quos vilissimos habebant els ad emeritam confusionem dominaretur Praedixit nihilominus varium adeò seculum creandum ut varietas quae in mentibus hominum latebat et in actibus patebat multimo da variatione vestium et indumentorum designaretur Hac igitur providentia cum Legatoriis ad Ducem Normannorum missis Rex Anglorum suae petitionis concessionem obtinuisset Statuto tempore tanto digno ministerio ad Dominam suam recipiendam et adducendam Proceres Anglorum mittuntur in Normanniam quae longo et digno regibus apparatu dirigentur in Angliam Thus Henry Archdeacon of Huntindon Radulphus Cistrensis Bromton and others out of them vrite of this Norman match as the ground-work of translating the Government in succeeding times from the Saxons to the Normans for the Saxons sinnes forenamed This same year the Danish Fleet sailing into Normandy and pillaging it King Ethelred hearing of it marched with a great Army into Cumberland and the Northern parrs which had revolted to the Danes and where their greatest Colony was where he vanquished the Danes in a great battel and wasted pillaged most of all the Country Which done he commandcd his Navy to sail round about the North parts of Wales and to meet him at an appointed place which by reason of cross winds they could not doe yet they wasted and took the Isle of Man which success somewhat raised and encouraged the dejected spirits of the English and encreased the Kings reputation with them In the years 1001. The Danish Fleet returning from Normandy entred the river of Ex and besieged Exceter which the Citizens manfully defending repulsed
death with a magnanimous minde without fear or change of countenance but yet confidently pronounced as she was dying That the shedding of her bloud would bring great detriment to England Henry Huntindon thus relates the story of this Massacre In the year 1002. Emma the Jewel of the Normans came into England and received both the Diadem and name of a Queen with which match King Ethelred being puffed up with pride bringing forth perfidiousness caused all the Danes who were with peace in England to be slain by clandestine Treason on one and the same day to wit on the feast of St. Brice concerning which wickedness we have heard in our infancy some honest old men say that the said King sent secret Letters into every City according to which the English on the same day and hour destroyed all the Danes either cutting off their heads without giving them warning with swords or taking and burning them suddenly together with fire Vbi fuit videre miseriam dum quisque charissimos hospites quos etiam arctissima necessitudo dulcâ—ores effecerat cogeretur prodere et amplexus gladio deturbare writes Malmsbury The News of this bloudy Massacre of the Danes being brought into Denmark to King Swain by some Youths of the Danish Nation who escaped and fled out of England in a ship moved him to tears Vocatisque cunctis Regni Principibus Who calling all the Princes of his Realm together and relating the whole series of what was acted to them he diligently enquired of them what they would advise him to do Who all crying out together as with one mouth DECREED That the bloud of their Neighbours and Friends was to be revenged Whereupon 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 souldiers in forein 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 Queen 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 with 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 Whereupon the Army seeing his slothfulness and fearfullness departed most sorrowfull from their Enemies without fighting 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 a 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 Counsel with the Great men of East-England made peace with Swane which he treacherously 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 routed and all the Nobles of 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 field and an extraordinary famine 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 possessions 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-Traitor Edric Streona to be put out at Cocham where he kept his Court 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 purposely invited to a Feast that he might thus treacherously murder him While these things were acting in the month of July 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 reâ—oâ—â—ing valiantly to fight with the 〈◊〉 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 Wintet began to approach the Danes with an extraordinary booty sayled to the Isle of Wight where they continued till the Feast of Christs 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 peragebant quae parata erant hilariter comedentes cum discederent in retributionem 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 with triumph to their ships enriched with the new spoils of the routed English King Ethelred lying all this time in Shropshire unable to resist
arived with a great new Fleet of Danes and an innumerable Army at Sandwich whom another great Navy of Danâ—s under the command of Hemmingus Erglafe Tenetland followed in the Moneth of August These all joyning together marched to Canterbury assaulted made a breach therein and were likely to take it Whereupon the Citizens and Inhabitants of East-Kent were inforced to purchase a firm peace with them aâ— the sum of 3000 pounds which being paid they returning to their ships pillaged the Isle of Wight with the Counties of Sussex and Southampton near the Sea-Coasts burning the Villages and carrying away great booties thence King Ethelred upon this raised and collected a great Army out of all England placing forces in all Counties near the Sea to hinder the Danes landing and plundring Notwithstanding they desisted not but exercised rapines in all places where they could conveniently land At last when they had straggled further off from their Ships than they accustomed and thought to have returned laden with spoils the King with many thousands of Souldiers intercepting their passage resolved to die or to conquer them But perfidious Duke Edric by his treacherous and perplexed orations endeavored to perswade the King and Souldiers not then to give the Enemies battel but to suffer them to escape at that time Suasit persuasit And thus like a Traitor to his Country as he ever had been he then delivered the Danes out of the Englishmens hands and suffered them to depart with their booty without resistance The Danes after this taking up their VVinter quarters in the River of Thames maintained themselves with the spoils they 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 Jan. 1010. the Danes sallying 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 thc 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 over-powred with multitudes they likewise fled 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-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 Oxfordshire and from thence into Buckingham Herâ—ford 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-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 Ambassadors 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 provisions and expences were plentifully provided for them and Tribute paid them by the English according to their desires yer they desisted not from their rapines but marched in Troops through the Provinces wasting the Villages every where fpoiling most of the miserable people of their goods and some of their lives At last not satisfied with rapine and bloodshed between the Feasts of 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 others 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 confitmed 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 honourably interred it But above 2000 of these bloody Villains were in short time after destroyed with 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
commanded himself to be called King of England Dum non fuit alius qui pro jure regni decertare vel se regem confiteri ausus fuisset as Matt. Westminster and others write Such a strange fear and stupidity was then fallen upon Ethelred and the whole English Nation After this Ethelred privily departed from London to Hampton and from thence to the Isle of Weight as aforesaid where advising with the Abbots and Bishops there assembled in Council what course was best to steer he spake thus unto them the History whereof I shall fully relate in William of Malmesbury his words ' Ibi Abbates et Episcopos Qui nec in tali necessitate Dominum suum deserendum putarent in hanc convenit sententiam Viderent quam in angusto res essent suae et suorum se perfidia Ducum avito extorrem solio et opis egentem alienae in cujus manu aliorum solebat salus pendere quondam Monarcham et Potentem modo miserum et exulem dolendum sibi hanc commutationem quia facilius toleres oâ—es non habuisse quam habitas amisisse Pudendam Anglis eo magis quod deserti Ducis exemplum processurum sit in orbem terrarum Iâ—los amore sui sine sumptibus voluntariam subeuntes fugam domos et facultates suas praedonibus exposuisse in arcto esse victum omnibus vestitum deesse pluribus probare se fidem illdrum sed non reperire salutem adeo jam subjugata terra observari littora ut nusquam sine periculo sit exitus Quapropter considerent in medium quid censerent faciendum Si maneant plus a Civibus cavendum quam ab Hostibus forsitan enim crucibus suis novi domini gratiam mercarentur et certe occidi ab hoste titulatur fortunae prodia a Cive addicetur Ignaviae Si ad exteras gentes fugiunt gloriae fore dispendium si ad notas metuendum ne cum fortuna colerent animum Plaerosque enim probos et illustres viros hac occasione caesos experiendum tamen sortem et tentandum pectus Richardi Ducis Normannorum qui si Sororem et Nepotes non ingrato animo susceperit se quoque non aspernanter protecturum Vadabitur enim mihi meam salutem conjugi et liberis impensus favor Quod si ille adversum pedem contulerit non deerit mihi animus planè non deerit hic gloriosè occumbere quà m illic ignominiosè vivere Hereupon he sends Emma his Queen and her children in the moneth of August into Normandy accompanied with the Bishop of Durham and Abbot of Burgh where they are joyfully received by Duke Richard who invites Ethelred himself to honour his Court with his presence who thereupon in January following passeth over into Normandy and there solaceth his miseries with the curteous entertainment he there found King Swane in the mean time provokes invaded England with ruines and slaughters playes the absolute Tyrant commands Provisions to be abundantly provided for his Army and Navy et Tributum fere importabile solvi praecepit and like wise commanded an insupportable Tribute to be paid And the like in all things Earl Turkell the Dane commanded to be paid to his Navy lying at Greenwich hired by King Ethelred to defend the English from Foreiners yet both of them as often as they pleased preyed upon and pillaged the Country besides first polling the inhabitants of their goods and then banishing them Provincialium substantiae prius abreptae mox proscriptiones factae In this sad oppressed condition under their New Soveraign to whom they had submitted themselves both Nobles and people knew not what to do Haesitabatur totis urbibus quid fieret si par aretur rebellio assertorem non haberent si eligeretur subjectio placido rectore carerent Ita privatae et publicae opes ad naves cum sidibus deportabantur Quo evidenter apparet Swanum naturalem et legitimum non esse Dominum sed atrocissimum Tyrannum as Malmesbury Mattbew Westminster and otners record But God who is propitious to people in their greatest extremities suffered not England to lye long sluctuating in so many calamities For this barbarous Tyrant Swane after innumerable evils and cruelties perpetrated in England and elsewhere added this to the heap of his further damnation that he Exacted a great Tribute out of the Town of St. Edmondsbury Anno 1014. which none ever before presumed to doe since it was given to the Church wherein the body of the precious Martyr St. Edmond lieth intombed all the lands thereof being exempted from Tributes Beginning to vex the possessions of the Church and threatning to burn the Town and destroy all the Monks unless they speedily paid him the Tribute he exacted and using reproachfull speeches against St. Edmond as having no holiness in him he was suddenly struck dead and ended his life on the Feast of the Purification of the blessed Virgin Anno 1014. Our Monkish Historians record That on the Evening of the day whereon he held a general Court at Geignesburgh reiterating his menaces against the Town and ready to put them in execution for not paying the Tribute demanded he saw St. Edmond comming alone armed against him whiles he was invironed in the midst of his Danish Troops whereupon he presently cried out with great affright and a lowd voice Help O fellow Souldiers help behold St. Edmond comes to slay me and whiles he was thus speaking being grievously wounded with a spear by the Saint he fell off from his horse and continued in great torment till night and so ended his life with a miserable death Swane being dead the whole Navy and Nation of the Danes Elected and made â—nute his son their King and Lord b. * Majores Natu totius Angliae The Nobles and Senators of all England liking nothing â—ess than bondage especially under such new tyrannizing forein Intruders thinking it now or never the time to shake off their new yoak pronounced their Natural Lord to be dearer to them than any Foreiner Si regaiius se quam consueverat ageret Whereupon with unanimous consent and great joy and speed they sent messengers into Normandy to Ethelred to inform him Nullum eo libentius se in Regem recepturos si ipse vel rectius gubernare vel mitius eos tractare vellet quam prius tractaverat and to hasten his return unto them Who thereupon presently sent over his son Edward qui fidem Principum favoremque vulgi praesens specularetur who together with his Embassadors assured both the Nobles and Commons of the English Nation That he would for time to come be their mild and devout Lord consent to their wills in all things acquiesce in their Counsels and if he had offended in any kinde he would reform it according as they should think fit and with a ready mind pardon whatsoever had been contemptuously or disgracefully spoken or acted by them agaiâ—st him or
his if they would all unanimously receive him again as their King into the Kingdom To which they all gave a favourable and satisfactory answer Whereupon a plenary reconciliation was ratified between them on both sides both by words and compact Moreover The Nobles unanimously and fréely agreed and voted That they would never more admit a Danish King into England to reign over them These things concluded King Ethelred speedily returns into England where he was honourably and joyfully received by the English And that he might seem to cast off his former sloathfulness he hastned to raise an Army against Cnute who remaining with his Navy in Lindesey made an agreement with the inhabitants exacting men and horses from them that he might surprise Ethelred at unawares and threatning grievously to punish all such as revolted from him But Cnute being taken in his own craft Ethelred marching thither with a strong army before he was provided to receive him fled from thence with his Hostages Army and Navy to Sandwich whereupon Ethelred depopulated all Lindesey wasting the Country with fire and sword slaying all the Inhabitants as Traitors to him and their Native Country Cnute by way of revenge humano et divino Iure contempto in insontes grassatus cuts off the hands and ears and slits the Noses of all the most Noble and beautiful Hostages throughout England given to his father and so dismissing them sailed into Denmark to settle his affairs and augment his forces resolving to return the year following After his departure King Ethelred this very year Super haec omnia mala Classi quae apud Greenwic jacuit Tributum quod erat 30. millia librarum pendi mandavit to wit to the Fleet under Turkell the Dane who instead of defending did but help to pillage and oppress the English Huntindon writes it was but 21 thousand pounds and Bromton avers that it was Cnute not Ethelred who commanded it to be paid to his Navy Soon after which the Sea rising higher than it was accustomed drowned an innumerable Company of Villages people and cattel After Cnutes departure King Ethelred summoned a Parliamentaty Council at Oxford Anno 1015. both of the Danes and English Malmsbury expressly stiles it MAGNUM CONCILIUM Wigorniensis Hoveden Sim. Dunelmensis MAGNUM PLACITUM Matthew Westminster and others MAGNVM COLLOQUIUM our later English Historians a Great Council and Parliament The King by the ill advise of that Arch Traytor Duke Edric at this Great Council commanded some Nobles of the Danes to be sodenly and secretly slain quasi de Regia proditione notatos ac perfidiae apud se insimulatos the chiefest of them were Sygeforth and Morcar whom Edric treacherously invited to his chamber and there making them drunk caused his armed guards there placed secretly to murder them which they did Hereupon their Servants endeavouring to revenge their Lords deaths being digniores et potentiores ex Seovengensibus they were repulsed with arms and forced to flye into the Tower of St. Frideswides Church for safety whence when they could not be forcibly expelled they were all there burnt together The King presently seised upon their lands and goods the chief cause of their murder as some conceived and sent the relict of Sygeforth a very Noble beautifull and vertuous Lady prisoner to Malmsbury whither Edmond the Kings base Son as some affirm posted without his fathers privity and being enamored with her beauty first carnally abused then afterward maried her and by her advice forcibly invaded and seised upon the Lands of her husband and Morcar which were very great and the Earldom of Northumberland which his father denied him upon his request Whereupon all the Inhabitants of that County readily submitted to him Whiles these things were acting d Cnute having setled his affairs in Denmark and made a League with his neighbour Kings recruired his Army and Navy and returned into England with a resolution either to win it or to lose his life in the attempt Ariving first at Sandwich and sailing thence to the West he pillaged Dorsetshire Somersetshire and Wiltshire filling all places with slaughters and plunders King Ethelred lying then sick at Cosham his son Edmond Ironside and Duke Edric raised an Army against Cnute but when both their forces were united to fight him the old perfidious Traytor Edric endeavoured by all means to betray Edmond to the Danes or treacherously to slay him which being discovered to Edmond thereupon they severed their forces from each other and gave place to the Enemies without giving them battel Not long after Edric inticing to him 40 of the Kings ships furnished with Danish Mariners and Souldiers openly revolted and went with them to Cnute subjecting himself to his dominion as his Soveraign by whose example all West-Sex submitted to him as their Kihg delivering him hostages for their fidelity resigning up all their arms to him and providing both horse and arms for his Danish Army The Mercians offred themselves alone to resist the Danes but through the Kings sloathfulness the business of war received delay and the enemies proceeded in their rapines without opposition In the year 1016. King Cnute and treacherous Duke Edric came with 200 sail of ships into the river of Thames whence they marched by land with a great Army of horse and foot and invaded Mercia in an hostile manner burning all the Towns and Villages and slaying all the men they met with in Warwickshire and other places whereupon King Ethelred as Huntindon Wigorniensis and others record made an Edict Ut quicunque Anglorum sanus esset secum in bello procederet That every Englishman who was in health should go with him in battel against the Danes An innumerable multitude of people upon this assembled together to asist him But when his and his son Edmonds forces were conjoyned in one body the King was informed that some of his auxiliaries were ready to betray and deliver him up to the enemies unless he took care to prevent it and save himself and as some write the Mercians refused to fight with the VVest-Saxons and Danes whereupon the expedition was given over and every man returned to his own home After this Edmund Ironside raised a greater Army than before against Cnute and sent Messengers to King Ethelred to London to raise as many men as possible he could and speedily to come and joyn with him against the Danes but he for fear of being betrayed to the Enemy presently dismissed the Army without fighting and returned to London Hereupon Ed. Ironside went into Northumberland where some imagined he would raise a greater Army against Cnute the Dane but he and Vhtred Earl of Northumberland instead of incountring Cnute wasted the Counties of Stafford Shrewsbury and Leicester because they would not go forth to fight against the Danes Army in defence of their Country and King Cnute on the other side wasting with fire and sword the Counties of Buckinghan
head of a Souldier named Osmeranus very like to King Edmund both in hair and countenance and shaking his bloody sword with the half gasping head in his hand which he lifted up on high cryed out to the English Army Oye Dorsetshire men Devonshire men and other English flee and get away for your head is lost behold here is the head of your King Edmund which I hold in my hand therefore hasten hence with all speed and save your lives Which when the English heard and saw they were more affrighted with the atrocity of the thing than with the belief of the Speaker whereupon all the more unconstant of the Army were ready to fly away But Edmond having present notice of this treacherous stratagem and seeing his men ready to give over the fight hasted where he might be best seen and posting from rank to rank encouraged them to fight like Englishmen who thereupon resuming their courage charged the Danes more fiercely than before and bending their force against the Traytor had shot him to death but that he retreated presently to the Enemy the English reviving and manfully continuing the battel again till the darkness of the night caused both Armies voluntarily to retreat from each other into their Tents When much of the night was spent Cnute commanded his men in great silence to break up their Camp and marched to his Ships and soon after whiles King Edmond was recruiting his Army in West-Sex besieged London again whereupon Edmond marching to London with a select company of Souldiers chased Cnute and his Army to their ships removed the siege and entred the City in manner of Triumph Cnute and Edric perceiving the valour and good success of Edmond conspired together to overcome him by Treason whom they could not vanquish by Armes for which end Edric before King Edmonds march to London as some or soon after as others relate feignedly revolted from Cnute and submitted himself again to Edmond as his natural Lord and renewing his peace with him fraudently swore that he would eontinue faithfull to him only that he might betray him Edmond two days after he had chased the Danes from the siege of London pursuing his victory passed over the Thames at Brentford where though many of the English were drowned in passing oveâ— the River through their carelesness yet he there fought with the Danes the fourth or tather fifth time routed them and won the field After which Edmond by the advice of Edric marched again into West-Sex to raise a more numerous Army to supply those who were drowned and slain in this last battel Upon which advantage the Danes again returned to the siege at London invironing and fiercely assaulting it on every side but being valiantly repulsed by the Citizens they retired from thence to their ships and sailed into the River of Arewe where leaping out of their ships they went about pillaging in Mercia killing all they met and burning the Villages returning to their ships with a great booty Another company of their foot sailing up the River of Meadway pillaged Kent their Horse marching thither by Land to meet them doing the like wasting all places with fire and sword King Edmond having in the mean time raised a strong Army out of all England passed over with them again at Brentford to fight the Danes and giving them battel near Oteford routed the whole Danish Army not able to endure his fierce charge and pursued them as far as Ilesford slaying many thousands of them in the pursute and had he followed the pursute futther it was conceived that day had put an end to the war and Danes for ever But perfidious Duke Edric by his most wicked Counsel the worst ever given in England caused him to give over the chace Whereupon the flying Danes escaped into the Isle of Shepy Edmond returning into VVest-Sex to observe Cnutes motion he thereupon transported his forces into Kent who began to plunder and wast Mercia far worse than ever they had done before VVhereupon King Edmond marching with his Army against them gave them battel the sixt time at Esesdune or Assendune now Ashdune in Essex where after a long and bloody fight with equall valour and great loss on both sides King Edmond seeing the Danes to fight more valiantly than ever before leaving his place which usually was between the Dragon and Standard ran into the very front of the battel and breaking in like thunder upon the Enemy brake their ranks pierced into the very midst of them and made way for others to follow him forcing the Danes to give back VVhich the ever traiterous Edric perceiving fled with the whole Squadron of Souldiers which he commanded unto Cnute as was formerly agreed between them whereupon the Danes becoming the stronger made an extraordinary slaughter of the Eâ—glish as Matthew VVestminster and his followers story Henry Huntindon relates That Edric seeing the Danes going to ruine cryed out to the English Army Fly O Englishmen fly Englishmen for Edmond is dead being not seen in his wonted place and crying out thus he and his Brigade first began the flight whereupon the whole Army of the English following them fled likewise VVigorniensis informs us that King Edmond before this battel riding about to every Company admonished and commanded them that being mindfull of their pristinâ— valour and victory they should defend themselves and the Realm from the avarice of the Danes being now to fight with those they had formerly conquered That perfidious Duke Edric seeing the Danish army inclining to slight and the English about to gain the victory began to fly with the VVagesetensians and that part of the army which he commanded as he formerly promised to Cnute that circumventing his Lord King Edmond and the English army with deceits he gave the victorie to the Danes by his treacherie and by the consent of all our VVriters he here gave the greatest wound to the English Nobility and Nation that ever they received in any former battel Duke Alfric Duke Godwin Duke Ulfketel Duke Aethelward Ailward son of Duke Alke and all the flower of the English Nobility together with Eadnoth Bishop of Lincoln and Abbot VVulfius qui ad exorandum Deum pro milite bellum agente convenerunt with an infinite number of common Souldiers being there slain in this fight and slight qui nunquam ante in uno praelio tantam cladem ab hostibus acceperunt Ibi Cnuto Regnum expugnavit ibi omne decus Anglorum occubuit ibi flâ—s patriae totus emarcuit VVrites Malmesbury Cnute likewise on his side sustained an irre perable loss both of his Dukes and Nobles After this lamentable loss wherein so many Nobles fell Cnute marching to London in triumph took the Royal Scepters whence departing into Glocestershire in pursute of Edmond who retreated almost alone to Glocester and there recruited his broken forces he wasted and pillaged the Country in his march King Edmond resolved to give him another battel in
a place called Dierhurst where Edmond with his army being on the VVest-part of the River Severn and Cnute on the Eastside with his army both set in battel array ready manfully to encounter each other wicked Duke Edric magnatibus convocatis calling the Nobles of both parties together spake unto them as followeth as Matthew VVestminster and others accord before any incounter but Abbot Ethâ—lred records that both Armies then fought a most bloudy battel for one whole day from morning to night an innumerable Company being slain on both sides without any Victory the night only causing them to retire ad similem ludum eundemque exitum die craestina reversuri Both Armies being wearied with this bloudy sport when they saw King Edmonds forces daily increasing and Cnutes company likewise augmented out of foreign parts by constant recruits which he caused to be sent from thence Vterque Exercitus Proceres ad colloquium cogunt both aâ—mies compelled their Nobles to a Conference where one of them being elder than the rest which others affirm to be Duke Edric requiring silence spake thus unto them as Abbot Ethelred records his words I desire O wise men in these our dangers to give advice who verily am inferiour to you in wisdom but superiour to you in age as these gray hairs testify and peradventure what wisdom hath not use hath taught me and what science hath denied experience hath conferred Many things verily we have seen and known many things moreover our Fathers have told us and not without cause we require audience that we may utter no doubtful sentence of things certain and apparent A perillous thing is acted we suffer evil things we discern worser we fear the worst of all We fight daily neither do we overcom nor yet are we vanquished yeaâ— we are overcome and yet no man vanquisheth For how are we not overcome who are wounded who are oppressed who are wearied who are distressed by forces who are spoiled by arms Neither flie we since there is none who may assault us neither do we assault since courage fails on both sides How long shall it be ere we see an end of these wonderfull things When shall there be rest from this labour tranquillity from this storm security from this fear Certainly Edmond is invincible by reason of his wonderful fortitude and Cnute also is invincible by reason of fortunes favour We are broken in pieces we are slain we are dissipated we lose our dearest pledges we expose our sweet friends and alliances to death But of this labour what fruit what end what price what emolument what I pray but that the souldiers being slain on both sides the Captains at last compelled by necessity may compound or verily fight alone without a Souldier Why then not now Truly while we live while we breath whiles the Army remains this might be done more profitably honestly securely I demand what insolence yea violence yea madness is this England heretofore when subjected to many Kings both flourished in glory and abounded in riches O ambition how blind is it alwaies which coveting the whole loseth the whole Why I pray doth not that now suffice two which heretofore was sufficient for five Kings But if there be in them so great a Iust of domineering that Edmond disdains a Peer Cnute a Superiour PUGNENT QUAESO SOLI QUI SOLI CUPIUNT DOMINARI CERTENT PROCORONA SOLI QUI SOLI CUPIUNT INSIGNIRI let them fight I beseech you alone who desire to domineer alone let them contend for the Crown alone who desire to be crowned alone Let the Generals themselves enter into the hazard of a Duel that even by this means one of them may be vanquished lest if the Army should fight more often all being slain there should be no souldiers for them to rule over nor any who may defend the Realm against Foreiners Whiles he was about to speak more ALL THE PEOPLE shut up his Speech in the midst of his Jaws if I may so speak crying out and saying AUT PUGNENT IPSI AUT COMPONENT let them fight themselves or let them compound His Speech recorded in Bromton Hen. de Knyghton Speed and others is much to the same effect though different in some expressions i Matthew Westmininster brings in Edric speaking only thus to the Nobles O insensati Nobiles et armis potentes cur toties morimur in bello pro Regibus cum ipsi nobis morientibus nec regnum obtineant nec avaritiae suae finem imponant Pugnent consulto singulariter qui singulariter regnare contendunt Quae est ista regnandi libido Quod Anglia modo duobus non sufficit quae olim octo regibus satisfuit Itaque vel soli componant vel soli pro regno decertent PLACUIT AUTEM HAEC SENTENTIA OMNIBUS ET AD REGES PROCERUM DELATUM ARBITRIUM ILLI CONSENTIENDO APPROBANT Hereupon all the Nobles concurring in this opinion both Kings approving their Determination fought a royal single duel first on horseback then on foot in the Isle of Olerenge or Olney near Glocester in the midst of Severn in the view of both their Armies with extraordinary courage and equall success till they were both quite tyred but neither of them vanquished At last upon Cnutes motion they began to parly in a friendly manner Cnute speaking thus to Edmond Hitherto I have been covetous of thy Realm now most valiant of men I am verily more desirous of thy self whom I see art to be preferred I say not before the Realm of England but the whole world it self Denmark hath yielded to me Norwey hath subjected it self to me the King of Swedes hath given me his hand and thy admirable Valour hath more than once fructrated the force of my assaults which I believed no mortal man could have been able to sustain Wherefore although fortune hath promised that I should be every where a Conquerer yet thy admirable valour hath so allured me to favour that I above measure desire thee both for a friend and consort of my kingdome would to God that thou also maist be as desirous of me that I may reign with thee in England and thou maist reign with me in Denmark Truly if thy valour shall be united to my fortune Norway will fear and Sweden will quake France it self accustomed to warrs will tremble In brief Edmond and Cnute both consent to divide the Kingdom Edmond yielding to words who had not yielded to swords being overcome with this Oration who could not be overcome with arms whereupon laying aside their arms they run and mutually imbrace and kiss each other both Armies rejoycing and the Clergy singing Te Deum laudamus with a lowd voice Afterwards in testimony of Agreement they change clothes and Arms with each other and returning to their Armies prescribed the manner of the Agreement and Peace Wigorniensis Simeon Dunelmensis and Roger Hoveden add that they ratified the agreement with Oaths TRIBUTOQUE QUOD CLASSICAE MANVI
PENDERETUR STATUTO and appointed a Tribute which should be paid to the Sea forces and then departed from each other The Daues returned with the great booty they had gotten to their ships with whom the Citizens of London having made a peace DATO PRECIO which they paid a price for they permitted them there to winter The Realm was divided between them both but the Crown remained to Edmond with the City of London Essex East-England and all the Land on the Southside the River of Thames and Cnute enjoyed the North parts of England by mutual consent and agreement of all the Nobles and so this bloudy warr between them after 7. or 8. battels within so many moneths space ceased Soon after this fatal Agreement and partition of the Realm which made Edmond but half a King and England half Denmark that ever trayterous Duke Edric to ingratiate himself the more with Cnute treacherously murdered King Edmond at Oxford of which there are 3. different relations in our Historians Some say that he corrupted the Kings Chamberlains with gifts to murder him in his bed and that King Cnute in the first year of his Coronation caused all of them who had conspired his death by Edric's exhortation to come before him where they declared to the King the Treason they had committed against King Edmond expecting a large reward for it Whereupon the King sent for the Great Men and Nobles of the Realm and made the Traitors to acknowledge their Treason before them and a great assembly of people fearing lest otherwise it should be believed that he had foreplotted the Treason aforelaid and suborned them to execute it After their publick confession thereof he caused them all to be first drawn and then hanged for it l Others write that Edric himself or his Son by his command murdered him at Oxford on St. Andrews night as he was easing nature in an house of Office stabbing him into the bowels with a two-edged knife through the hole of the privy in which one of them lay in wait to murder him leaving the knife sticking in his bowels and him dead in the place And some write that he placed an Image in his Chamber with a bow and arrow ready bent which Edmond admiring at touching the spring which held the bow thus bent the arrow thereupon pierced slew him in the place That before his death was known Edric went to Edmonds wife and taking away her two young Sons from her brought and delivered them to Cnute and then saluted him saying GOD SAVE THEE SOLE KING OF ENGLAND Whereupon Cnute demanding Why he saluted him in this manner He then informed him of King Edmoâ—ds death and how he had murdered him of purpose to make him sole King of England Speed adds That he cut off his Soveraigns head presenting it to Cnute with these fawning salutations All hail thou sole Monarch of England for here behold the head of thy Copartner which for thy sake I have adventured to cut off which no antient Historian mentions Upon this Cnute though ambitious enough in Soveraignty yet out of a Princely disposition sore grieved at such a disloyal treacherous act presently replyed to him I for reward of so great and meritorious a service done for me will this day advance thee above all the Nobles of the Realm After which he caused his head to be cut off then fixed on an high poll and placed on the highest Tower of London for the birds to prey upon Others more agreeable to the truth relate That Cnute in the first year of his reign depriving this Arch-Traitor Edric of the Dukedom of Mercia which he had many years enjoyed thereupon Edric in the feast of Christs Nativity repaired to Cnute at his Palace in London to expostulate with him about it where checking the King over-harshly he upbraided him with the many benefits he had received from him amongst which he mentioned two wherewith he specially provoked him to anger saying Most dear King you ought not to speak harshly to me nor suffer any evil to be done unto me for you had never enjoyed the Realm of England but by my means For out of love to thee I have first betrayed King Ethelred after that I deserted Edmond my proper and natural Lord and afterwards I foreplotted his death and murdered my just and true liege Lord out of my fidelity towards thee to bring the whole kingdom unto thee and dost thou so lightly vilify so great love conferred on thee for which I never received any benefit or profit from thee At which speeches Cnute changing his countenance expressing his fury by its redness presently pronounced this sentence against him saying And thou shalt deservedly die thou most perfidious Traitor seeing by thy own confession thou art guilty of Treason both against God and me who hast slain thine own Soveraign and natural King and my dear confederate Brother His bloud be upon thy head because thou hast stretched out thy hand against the Lords anointed And lest a tumult should be raised among the people he commanded him to be there presently strangled in his palace and his body to be cast through a window into the river of Thames to be devoured of the fishes as some or hanged upon London walls unburied to be devoured by birds as others story At which time Duke Norman son of Duke Leofwin Captain of Edrics guard Aethelward son of Duke Agelmar and Brihtricus son of Alphege Earl of Devonshire with many others of Edrics followers were likewise slain without offence together with Edric because Cnute feared he should one time or other be circumvented by the treacheries of this old perfidious Traitor hearing his former natural Lords Ethelred and Edmond had frequently been betrayed by him quorum diutina proditione alterum vexavit alterum interfecit there being no trust to be reposed in such a Traytor to his Soveraigns Thus this inveterate Arch-Traitor to his Natural Country Kings and bloudy Regicide by Gods divine Justice received the just punishment of all his Treasons at the last instead of expected great rewards from that hand he least suspected Whence p Matthew Westminster relating both the Histories of the manner of Edrics death concludes thus Sed sive sic sive aliter vitam finierit Proditor Edricus non multum ad rem pertinet quia hoc liquido constat Quod ille qui multos circumvenerat tandem est justo Dei Iudicio circumventus et proditionis suae meruit subire talionem And let all those who have or shall imitare him in his Treasons against his native Country Kings and Regicide seriously meditate on his tragical end and expect the self same retribution in conclusion though they escape as many years as he then did before final execution A third sort of Authors as Marianus Scotus Wigorniensis Roger Hoveden and Simeon Dunelmensis make no mention of King Edmonds murder by Edric his subordination but only that
he died at London not Oxford about the Feast of St. Andrew as if he had died of a naturall death but the generality of Writers agree he was murdered at Oxford ambiguum quo casu extinctus writes Malmesbury the common fame being he was murdered by Edric as aforesaid And bromton who recites all three opinions concludes thus Sed primus modus videliceâ— quod rex Edmundus ad requiem naturae sedens proditione dicti Edrici occisus fuit verâ—or allis et autenticior habetur The Author of the Encomium of Emma concurring with Marianus subjoynes this Observation touching his short reign and speedy death That God c. minding his own doctrine That a kingdom divided in it self cannot long stand and pitying the English took away Edmond lest if the Kings had continued long together they should have both lived in danger and the Realm in continual trouble His reign continued onely seven moneths in which time he fought seven or eight battels in defence of his Country People and their Liberties besides his single Duel with Cnute and by his untimely death the English Saxon Monarchy was devolved to the Danes who by Treachery and the Sword for three descents depriâ—ed the English Saxons of the Crown and Kingdom through divine retaliation as they had unjustly by treachery and the Sword dispossess'd and disinherited the Britons thereof about 450 yeares before as Henry Huntindon Bromton Radulphus Cistrensis Mr. Fox Speed and others observe The Sinnes of the Saxons grown now to the full writes Speed and their dreggs as it were sunk to the bottom they were emptied by the Danes from their own vessels and their bottles broken that had vented their red and bloudy wines in lieu whereof the Lord gave them the cup of wrath whose dreggs he had formerly by their own hands wrung out upon other Nations For the Saxons that had enlarged their Kingdomes by the bloud of the Britons and built their nests high upon the Cedars of others as the Prophet speaketh Habbak 2. committed an evil covetousness to their own habitations and were stricken by the same measure that they had measured to others when as the Danes often attempting the Lands invasion and the subversion of the Eâ—glish Estate made way with their Swords through all the Provinces of the Realm and lastly advanced the Crown upon their own helmets which they wore only for three Successions CHAP. IV. Comprising a Summary Collection of all the Parliamentary Great Councils Synods Historical Passages Proceedings Lawes relating to the Fundamental Liberties Franchises Rights Government of the People and other remarkables under our Danish Kings Cnute Harold and Harde-Cnute from the year of our Lord 1017. till the first year of King Edward the Confessor Anno 1042. With some brief Observations on the same IMmediately after the murder of King Edmond Ironside King Cnute the Dane Anno 1017. taking possession of the whole Realm of England was solemnly crowned King at London by Living Archbishop of Canterbury succeeding in the Realm of England Non successione haereditaria sed Armorum violentia as William Thorne observes Injuste quidem Regnum ingressus sed magna civilitate et fortitudine vitam componens writes William of Malmsbury Whereupon the better to fortifie his Military Title with a seeming publick Election by the Nobles and Nation in a Parliamentary Council and their open disclaimer and renunciation of any Right or Title either in King Edmonds Sons or Brethren to the English Crown to settle it in perpetuity on himself and his posterity he commanded all the Bishops Dukes Princes and Nobles of the English Nation to be assembled together at London in a Parliamentary Council Where when they were all met together in his presence he most craftily demanded of them as if he were ignorant Who were the Witnesses between him and Edmond Ironside when they made their agreement and division of the Kingdom between them What manner of conference there then was between him and Edmond concerning his Brethren and Sons Whether it was agreed that it should be lawfull for Edmonds Brethren or Children to reign in the kingdom of the West-Saxons after his death by any special reservation or agreement between them in case Edmond should die in his life-time Whom he had designed to be his Heir Whom he had appointed to be guardians to his Sons during their infancy And what he had commanded concerning his Brothers Alfred and Edward To which they all answering both falsly and slatteringly said That they did most certaiâ—ly know King Edmond neither living nor dying had commended or given no part of his kingdom to his Brethren and they did likewise know that it was King Edmonds will that Cnute should be the Gardian and Protector of his Sons and of the Realm untill they were of age to reign calling God himself to witnesse the truth hereof O the strange temporizing falsity treachery perjury of men in all ages But though they thus called God to witness yet they gave a false testimony and fraudulently lyed preferring a lye before the truth being forgetfull of justice unmindfull of nature unjust witnesses rising up against Innocency and betrayers of their own bloud and Country when as they all well knew that Edmond had designed his Brethren to be his heirs and appointed them to be Guardians of his children thinking by this their false testimony to please King Cnute to make him more mild and gracious to them and that they should receive great rewards from him for the same After their answers to those Interrogatories to ingratiate themselves further with Cnute though they were sworn before to Edmond and his Heirs and were Native Englishmen yet they there all took a solemn Oath of Allegiance to Cnute swearing to him That they would and did chuse him for their King humbly obey him et Exercitui Uectigalia dare and would give Tributes to his Army And having received a pledge from Cnutes naked hands with Oathes from the Princes and Nobles of the Danes Cnute reciprocal Oaths from them and all the people they ratified a mutual Covenant and League of Peace with reciprocal Oaths between both Nations reconciling and abandoning all publick enmities between them They likewise swore that they would cast off banish and wholly reject King Edmonds Brothers Sons and Family In pursuance whereof they there presently Fratres et filios Edmondi Regis omnino despexerunt cosque Reges esse negaverum unum autem ex ipsis praedictis Clitonibus Edwinum egregium et reverendissimum Edmundi Regis germanum Ividem cum consilio pessimo exulem esse debere coustituerunt as Roger de Hoveden Abbot Ethelred Wigorniensis and others at large record the Story The discord treacherous falshood disloyal proceedings of the English Nation then towards one another the English royal line is thus elegantly set forth by Abbot Ailred a lively Character of our age Externisque
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 all 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 revolted 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 anâ— 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 sailed into Norwey with 50 ships ' thrust Olaus out of his kingdom by consent of his Nobles and subdued his Realm to himself whence returning into England An. 1029. Hâ—conem Danicum Comisem quasi Legationis causa in Exilium misit because he had maried Gunilda a Noble matron daughter of the King of Vandals unde metuebat ab illo vel à vitâ privari vel à regno expelli who was after drowned in the Sea or slain in the Orcades Anno 1030. In which year Robert Duke of Noâ—mandy going to Hierusalem Apud Fischamium PROCERES AD COLLO QUIUM VOCAVIT ibique Gulielmum filium suum haeredem sibi constituens fecit omnes ei fidelitatem jurare And the same year the Norwegians cruelly murdered Olaus their King Doctor Preacher and Apostle with an ax Indignabatur enim Gens illa pagana et cruentissima QUOD PRIMAS LEGES et superstitiosas idem sanctus Rex Olaus praedicando docendo evangelizando statuendo evacuaret But Cnutes gold was the prime cause thereof to get his Crown as he had done his Realm and Edmond Ironsides for whose soul he prayed and offered a rich embroydered Pale on his Tomb at Glastonbury Anno 1026. Hoc autem fecisse creditur ne in mortem ejus cui in certamine singulari confoeder atus fuerat consenssisse vider etur writes Mat. Westminster King Cnute Anno 1031 to palliate his Usurpations of other mens Crowns with the shew of Devotion travelled to Rome in very great pomp where he offered very great gifts in gold silver rich vestments and pretious stones and obtained from Pope John That the English School shduld be frée from Tribute In his going and returning he not only gave large alms to the poor but likewise removed and deleted many unjust Tolls and Taxes exacted from such who travelled to Rome giving a Great price to abolish them He solemnly vowed to God before the Sepulcher of the Apostle Peter a reformation both of his life and manners In pursuance whereof he writ a Letter from Rome to the Archhishops of Canterbury and Yorke all the Bishops Nobles and Rulers and to the whole English Nation as well Nobles as Plebeans wherein he certified them That he had procured from the Emp. of Germany King Rodolphus the Pope and other Princes a release of all unjust Tolls and Taxes exacted of his people as they travelled out of devotion towards Rome and of the vast sums of money which the Archbishops paid to the Pope for their Palls After which he in forms them That he had vowed to justify his life to God himself in all things To govern the Kingdoms and Nations under his subjection justly and piously To observe just judgement in all things and if through the Intemperance or negligence of his youth he had hitherto done any things besides that which was JVST that he promised by Gods assistance to reform it all Therefore I obtest and command all my Counsellors to whom I have committed the Counsels and Justice of my Realm that by no means either for fear of me or through favour to any potent person they should from henceforth doe any Injustice or cause it to sprout up in all my kingdom Likewise I command all the Sheriffs and Officers throughout my Realm as they desire to enjoy my favour or their own safety that they do No unjust violence to any Man neither to rich nor poor but it shall be lawfull for all as well Noble as Ignoble to enjoy justice and right from which they might not deviate in any manner neither for Regal favour nor for the person of any potent man nec propter mihi congerendam pecuniam quia nulla mihi necessitas est ut iniqua exactione pecunia mihi congeratur nor yet for raising 〈◊〉 â—eaping up money to me Because there is no necessity for me and let those who now plead Necessity both for their own illegal imposing levying of unjust uncessant heavy Taxes Imposts Excises on our Nations without grant and common consent in Parliamâ—ntâ— consider it that money should be raised and collected for my use by an injust exaction After this he enâ—oyns them by thiâ— Letter To pay all Debts and Duties due by the antient Law as Tithes of their corn and cattel Peter pence and First fruits at the Feasts appointed under pain of the penalties inflicted by the Laws which he would strictly exact without pardon Neither was he worse than his word writes Malmsbury for he commanded all the Laws made by antient Kings and especially by his predecessor King Ethelred to be for ever observed under pain of a regal mulct To the custody of all which ancient Laws Even now writes he our Kings are sworn under the name of King Edwards Lawes non quod illa statuerit sed observaverit And Matthew Westminster records further Vicecomitibus Regni Angliae et Praepositis districtè mandavit ut nulli hominum vim inferant nec propter pecuniam fisco reponendam in aliquo a Iustitia deviant dum non habeat necessitatem de peccato pecuniam adaugere If this Forein Danish Conqueror and Usurper of the Crown of England quod Bellico Iure obtinebat et armorum violentia as William Thorne records was at last so just and equal to the English as to reform all his former extravagant acts of Injustice Exactions Oppressions to release all unjust Taxes Exactions Oppressions and not to exact or raise any monies unjustly on the people upon any real or pretended necessity without their common consent in Parliament by any of his Officers should not our
melius nescivit Lex 36. Qui aliquem accusare praesumat unde pecunia vel commodo pejor sit denique mendacium pernoscatur linguam suam perdat vel Weregildo redimatur Lex 37. Nemo Regem requiret de Justitia facienda dum ei rectum offertur in Hundredo suo requiratur Hundredum secundum Witam sicut justum est Lex 38. Et habeatur in anno ter Burgimotus Scyremotus bis nisi saepius sit necesse Et inter sit Episcopus et Aldermannus et doceant ibi Dei rectum et seculi Lex 59. Non est in aliquo tempore concessa INJUSTITIA et tamen Injustitia est festis diebus et sanctificatis locis propensius interdicta Semperque sicui homo potentior est vel majoris ordinis sic debet solertius pro Deo et seculo quod justum est emendaâ—e Et ideo gratam emendationem sedulo per quiramus de Scripturis Sanctis et secularem juxta legem seculi Lex 83. Si quis de morte Regis vel Domini sui quoquo modo traectaverit vitae suae reus sit et omnium quae habebit nisi triplici judicio se purget Lex 91. Si quis Burgbotam vel Brigbotam 1. burgi vel pontis refectionem vel Firdfare 1. in exercitum ire supersedeat emendet hoc erga Regem C. xx s. in Anglorum laga in Denelaga sicut Lex stetit antea vel ita se adlegiet nominentur ei 14. et acquirat ex eis 11. Lex 96. Haec est alleviatio quam omni populo meo praevidere volo in quibus nimis omnino fuerant aggravati Praecipio Praepositis meis omnibus ut in proprio meo lucrentur et inde mihi serviant Et nemo cogatur ad firmae adjutorium aliquid dare nisi sponte sua velit Et si quis aliquem inde gravabit Werae suae reus sit erga Regem Lex 97. Si quis ex hac vita decedat sine distributione rerum suarum vel per incustodiam vel per mortem improvisam non usurpet dominus ejus de pecunia nisi quantum ad justam Relevationem pertinet quae Anglicè vocatur Hereget sed sit secundum dictionem ejus ipsa pecunia recte divisa uxori pueris et propinquis unicuique secundum modum qui ad eum pertinet Et sint Relevationes ità minutae sicut modus est Comitis sicut ad eum pertinet hoc est octo 〈◊〉 quatuor sellati quatuor insellati et galeae quatuor et loricae quatuor cum octo lanceis et totidem scutis et gladii quatuor et CC. marcae auri Postea Thayni regis qui ei proximus sit quatuor equi duo sellati et duo insellati et duo gladii et quatuor lanceae et totidem scuta et galea cum loricasua et 50. marcae auri Et mediocris Thayni equus cum apparatu suo et arma sua vel suum Halsfang in Westsaxia in Mircenis ij l. in Estanglia ij l. Et si notus sit Regi equi duo unus cum sella et alius sine sella et unus gladius et duae lanceae et totidem scuta et 50 marcae auri Et qui minus potest det duas libras Lex 104. Et qui fugiat à Domino vel socio suo pro timiditate in Expeditione navali vel terrestri perdat omne quod suum est et suam ipsius vitam et manus mittat Dominus ad terram quam ei antea dederat Et si terram haereditariam habeat ipsa in manum regis transeat Lex 105. Et qui in bello ante Dominum suum ceciderit sâ—t hoc in terra sit alibi sint relevatitones condonatae et habeant haeredes ejus terram sicut et pecuniam suam et rectè dividant inter se Lex 107. Et volo ut omnis homo pacem habeat eundo ad Gemotum vel rediens de Gemoto id est placito nisi sit fur probatus Lex 110. Qui leges istas apostabit quas Rex modo nobis omnibus indulsit sit Dacus sit Anglus Werae suae reus sit erga regem Et si secundo faciat reddat bis Weram suam Si quis addat tertio reus sit omnium quae habebit In the rest of his Lawes all corporal and pecuniary penalties and fines for all sorts of Offences and Crimes are reduced to a certainty and none left arbitrary and by Lex 104 105. it is evident that the Military Laws as wel as the Civil Ecclesiastical were made in and by advice and direction of the Great Councils The Chronicle of Bromton informs us that King Cnute per Chartam suam à se et haeredibus suis dedit quà m cito post in Parliamento suo apud Wintoniam when and where those Laws were made coram omnibus Regni sui Magnatibus confirmavit gave and confirmed the Manors of Hornyng Ludham and Netershede to the Monastery of Cowholm in Northfolke And that one Maynard riding towards this Parliamentary Council brake his neck who had so incensed the King against Wulfric and the Monks of this Monastery that he threatned to put them to death What lands and privileges he gave by his Charters to St. Cuthberts Church in Durham Christs-Church in Canterbury and other Monasteries the t Marginal Authors will inform us About the year 1034. King Cnute having obtained the Soveraign Dominion of England Scotland Norwey a great part of Sweden and of all Denmarke principally by the Sword through the flattery of his followers who stiled him a King of all Kings most mighty Soveraign and the like who had under his subjection Dominion not only the People and Land but the Sea likewise also by reason of his Great Dominions was so much elevated with pride of heart that he once commanded the royal Throne of his Empire to be placed on the Sea shore near the water as the Sea was flowing in upon it and then stepping up into his Throne sitting in it he spake thus to the Sea in an imperious manner as if he were absolute Sovereign of it Tu meae ditionis es c. Thou art under my Dominion and part of my Empire and the land on which I sit is mine neither is there any one in it who dares resist my command without punishment Therefore I now command thee that thou ascend and come not up upon my land nor yet presume to wet my royal robes nor the feet or Members of thy Soveraign But the Sea notwithstanding this Inhibition ascending after its accustomed manner and nature and no wayes obeying his commands wet both his feet legs and royal Robes without any revernce Whereupon the King leaping hastily out of his Throne almost over-late and retiring from the waves used these words Ltt all the Inhabitants of the world know that the power of Kings is but vain
and â—rivolous and that no man is worthy the name of a King but he alone to whose bâ—ck both Heaven Earth and the Sea obey by everlasting Laws Henry de Knyghton superaddes thereto as part of his Speech which most others omit I am a Wretch and a Captive able to do nothing possessing nothing without his gift I commend I recommend my self to him and let him be the Gardian of debility Amen After which King Cnute never wore his Crown upon his head but put it upon the head of the Crucifix at Winchester as most accord to the praise of the great King thereby giving a great example of humility to Kings and Conquerors who in the height of all their power can not command the Sea or least wave not to flow or wash them Henry de Knyghton conceives this to be before his pilgrimage to Rome others expresly record it was after his return from thence whose computation I here follow and therefore place it in this year In the year of our Lord 1035. King Cnute a little before his death made this partition of his kingdoms amongst his Sons Swane his son by Q. Algiva or as some affirm of a Priests wife suborned by Algiva as her own he made King of Norwey his Son Harde-Cnute by Queen Emma he caused to be crowned King of Denmark as Wigorniensis Hoveden and others write yet some gainsay it that he made his Son Harold King of England and soon after died at Shaftesbury November 12. 1035. and was buried at Winchester Immediatly after his decease the Nobles met at Oxford about the election of a new King which our Historians thus express Convenerunt apud Dxoniam ad Colloquium as Mat. Westm or Placitum magnum as Huntindon and others stile it Proceres Regni Vt de novo Rege creando tractatent ibidem All the Nobles of the Realm assembled in a great Parliamentary Council or Court at Oxford that they might consult about the electiction of a New King which they would not have done had Harold been made King of England before by Cnute in his life time Leofric Earl of Chester and the rest of the Nobles on the Northside of the Thames with all the Danish Princes and Londoners who by conversing with the Danes amongst them were corrupted with their vices and addicted to their party elected Harold Son of Cnute by his Concubine Algiva whom some aver to be the son of a Tayler for their King But Godwin Earl of Kent with the Princes of the Western part of England contradicting them would rather have elected Harde-Cnute son of Cnute by Queen Emma or one of the Sons of King Ethelred and Emma then in Normandy After great strife and debate between the Nobles about the Election because Harold was there personally present but Harde-Cnute then in Denmark and Alfred and Edward in Normandy Harolds party prevailed against Earl Godwins qui tandem vi numero minor â—essit violentiae Whereupon Harold was presently crowned King at Oxford by Elnothus Archbishop of Canterbury though at first he was very unwilling to perform that service For it is reported of him that he having the regal Scepter and Crown in his custody refused with an Oath to consecrate any other for King so long as Queen Emma her children were living for said she Cnute committed them to my trust and assurance and to them will I give my faith and allegiance This Scepter and Crown therefore I here lay down upon the Altar neither do I deny nor deliver them to you but I require by the Apostolick Authority all Bishops that none of them presume to take the same away neither that they consecrate him King therewith as for your self if you dare you may usurp that which I have committed to God on this Table Notwithstanding this great thunderclap being allayed with the showers of Golden promises of his just good and religious government intended though present experience manifested the contrary he was crowned by him Anno Anno. 1035. Henry Huntindon and others write That they elected him King only to keep the kingdom for his Brother Harde-Cnute then in Denmark Harold and the Nobles of West-Sex who opposed his election upon advice taken resolved that Queen Emma wife of the deceased King should keep West-Sex and Winchester for the use of her Son Harde Cnute and that Earl Godwin should be their Captain in military affairs Roger Hoveden and others record That Harold being elected King by the consent of the major part of the Nobles of England obtained the royal dignity and began to reign quia justus haeres because he was a lawfull heir yet he reigned not so powerfully as Cnute quia justior haeres expectabatur Harde Cnutus because a juster heir Harde Cnute was expected By reason of this disagreement amongst the Nobles to please both parties the kingdom of England was therupon divided by Lot Harold enjoying the Northern part thereof and Harde-Cnutes friends retaining the Southern part of it for his use No sooner was Harold crowned King but to secure himself the better in his Throne he presently posted to Winchester with his forces where tyrannically and forcibly taking away all the Treasures and goods which Cnute had left to Queen Emma his Mother-in-law he banished her out of England into Flanders some write she was thus banished by the secret Counsel and treachery of Earl Godwin whom she had made General of her forces for her preservation who proved unconstant and a Traytor to her and her children where in this her distresse she was honourably entertained by Earl Baldwin In the year 1036. Alfred eldest Son of King Ethelred comming over to claim his right in the Crown was with his Norman associates betrayed and murdered by the treachery of Earl Godwin of which I finde these several different relations in our Historians Matthew Westminster Ranulphus Cistrensis and others out of them record that Alfred being in Normandy and hearing of the death of Cnute came into England with 23. chosen ships full of Souldiers ut paternum regnum de Jure sibi debitum vel pacificè vel si necessitas cogeret armatorum praesidio obtineret that he might obtain his fathers kingdom of right due unto him either peaceably or if necessity compelled by force of arms Who ariving with his forces at Sandwich Port came as far as Canterbury When Godwin Earl of Kent knew of his comming he went to meet him and receiving him in his fidelity the very next night following compleated the part of the Traytor Judas upon him and his fellow-Souldiers For after kisses of peace given and joyful banquets in the silence of the midnight when as Alfred and his companions had given their Members to sleep they were all taken unarmed in their beds suspecting no harm by a multitude of armed men rushing in upon them and their hands being tyed behind their backs they were compelled to sit down in order one by another Where
sitting in this manner nine of them were always beheaded but the tenth dismissed and his life reserved for a time These things were acted at Gildeford a royal Town But when it seemed to the Traitor Godwin that there were more yet remaining alive of them than was profitable he coÌ„manded them to be tithed over again as before and so very few of them remained alive But young Alfred every way worthy of royal honour he sent bound to the City of London to King Harold that therby he might find greater favor with him with those few of his followers who remained undecimated So soon as the King saw young Alfred he caused him to be sent to the Isle of Ely and there to have his eyes pulled out of the pain whereof he soon after died but he slew all his Souldiers too perniciously Florentius Wigorniâ—nsis Roger de Hoveden Simeou Dunelmensis Radulphus de Diceto Mr. Fox and others relate That the innocent Princes Alfred and Edward sons of King Ethelred came out of Normandy where they had long resided with their Uncle Richard into England accompanied with many Norman Souldiers transported in a few ships to conferr with their Mother Emma then residing at Winchester Which some potent men especially Earl Godwin as was reported took very unworthily and grievously because licet injustum esset although it were unjust they were more devoted to Harold than to Alfred Whereupon Harold perswaded King Harde-Cnute and the Lords not to suffer those Normans to be within the Realm for jeopardy but rather to punish them for example by which means he got authority to order the matter himself Wherefore he met them on Guild-down and there seised upon Prince Alfred and retained him in close Prison when he was hastning towards London to conferr with King Harold as he had commanded And apprehending all his followers he ransacked some of them others of them he put in chains and afterwards put out their eyes some of them he tormented and punished by pulling off the skin from their heads and cutting off their hands and feet many of them he likewise commanded to be sold and slew 600 men of them at Gildeford with various and cruel deaths whose Souls are believed now to rejoyce with the Saints in Paradice seeing their bodies were so cruelly slain in the fields without any fault which Queen Emma hearing of sent back her Son Edward who remained with her with greatest haste into Normandy After which by the command of Earl Godwin and some others Prince Alfred being bound most straitly in chains was carried Prisoner to the Isle of Ely by ship where he no sooner arived but his eyes were most cruelly pulled out and so being led to the Monastery was delivered to the Monks to be kept where he soon after died and was there interred Some add that after Alfreds eyes were put out his belly was opened and one end of his bowels drawn out and fastened to a stake and his body pricked with sharp needles or poyneyards forced about till all his intrails were extracted in which most savage torture he ended his innocent life Ranulphus Cistrensis in his Polychronicon l. 6. c. 21. relates that Godwin used this strange cruelty towards those Normans that came over with Alfred whom he twice decimated at Gildeford that he ripped up their bellies and fastned the ends of their guts to stakes that were reared and pyght in the ground and laid the bodies about the stakes till the last end of the guts came out The Author of the Book called Encomium Emmae and Speed out of him writes That Harold was no sooner established King but that he sought meanes how to rid Queen Emma secretly out of the way and maliciously purposing took counsel how he might train into his Hay the sons of Queen Emma that so all occasions of danger against him might at once for all be cut off Many projects propounded this lastly took effect that a Letter should be counterfeited in Queen Emma's name unto her sons Edward and Alfred to instigate them to attempt the Crown usurped by Harold against their right The Tenor of which Letter you may read in Speed This Letter being cunningly carried digested by Alfred as savoring of no falshood he returned answer he would come shortly over to attend his Mothers designs which Harold being informed of forelayes the coasts to apprehand him Upon his comming on shore in England Earl Godwin met him and binding his assurance with his corporal Oath became his Leige-man and guide to Queen Emma but being wrought firm for Harold treacherously led these Strangers a contrary way and lodging them at Guildford in several Companies there tithed and murthered them as aforesaid Henry Huntindon the Chronicle of Bromton William Caxton in his Chronicle and another Historian mentioned by Mr. Fox record that this murther was after the death of King Harde-Cnute When the Earls and Barons of England by common assent and counsel sent into Normandy for these two Brethren Alfred and Edward intending to crown Alfred the elder Brother and to make him King of England and to this the Earls and Barons made their Oath But Earl Godwin of West-Sax sought to slay these two brethren so soon as they came into England to the intent he might make Harold his own son by Cnutes daughter or sister maried to him King as some of these affirm Others of them relate that he intended only to destroy Alfred being an Englishman by the Father but a Norman by the Mother whom he foresaw to be a person of such honour and courage that he would disdain to mary his daughter or to be swayed by him and then to mary his daughter Godith to Edward the younger Brother and to make him King as being of a more milde and simple disposition apt to be ruled by him Hereupon Godwin went to Southampton to meet with the two Brothers at their landing It fell out that the Messengers sent into Normandy found only Alfred there Edward being then gone into Hungarie to speak with his Cosen Edward the Outlaw Ironsides son When Alfred heard these Messengers tydings he thanked God and in all hast sped him to England ariving at Southampton with some of his Mothers kinred and many of his fellow-Souldiers of like age who were Normans Whereupon Godwin intimated to the Nobles of England That Alfred had brought over too great a company of Normans with him and had likewise promised the lands of the Englishmen to them and therefore it would not be safe to instirpate such a valiant and crafty Nation amongst them That these ought to undergoe exemplary Punishment lest others by reason of their alliance to the King should presume to intrude themselves amongst the English And then posting to Southampton welcomed and received Alfred with much joy pretending to conduct him safe to London where the Barons waited for to make him King and expected his comming and so they passed forth together
by the sword on a certian night fell into a sad deep contemplation of the forlorn condition of the royall Progeny of the English nation then almost quite deleted by the Danes and of the miserable condition of England under these forraign usurpers After which falling into a deep sleep he saw in a vision the Apostle S. Peter himself holding Prince Edward then an exile in Normandy by the hand and anointing him King in his sight who declared to him at large how holy this Edward should be that his reign should be peaceable and that it should continue for 23 years After which Bryghtwold being yet unsatisfied who should succed him and doubting of Edwards off-spring demanded of S. Peter who should succeed him whereunto S. Peter returned him this answer REGNUM ANGLIAE EST REGNUM DEI ET IPSE SIBI REGES or REGEM as some render it PROVIDEBIT The Realm of England is Gods Kiâ—gdome and he himself shall provide Kings or a King for himself according to his good pleasurâ— Yea the golden legend of King Edwards life informs us THAT HE WAS CHOSEN KING OF ENGLAND BY CONSENT OF PARLIAMENT WHILES HE WAS YET IN HIS MOTHERS Wâ—MB as well as after Harde-Cnute's death Take the relation of it in Abbot Ailreds words and of Brightwolds vision likewise Cum igitur gloriosus Rex Ethelredus ex filia praeclarissimi comitis Thoreti filium suscepisset Eadmundum cognomento Ferreumlatus ex Regina autem Emma Aluredum beatus Edvardus inter Viscera matâ—rna conclusus utrique praefertur agente eo qui omnia operatur secundum concilium voluntatis suae qui dominatur in 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 designare desiderans QUID SINGULIS QUIDVE OMNIBUS VIDERETUR EXPLORAT Pro diversorum diversa senentia res pendebat in dubio Alii enim Eâ—dmundum ob invictissimum robur corporis caeâ—eris aestimant praefereâ—duâ—â— alii ob virtutem Normannici generis Aluredum promovendum tutiùs arbitrantur Sed futurorum omnium praescius prioris brevissimam vitam alterius mortem immaturam prospiciens 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 electioni REX CONSENSUM laeti PRAEBENT PROCERES SACRAMENTUM inusitato miraculo IN Ejus FIDELITATE JURARUNT qui utrum nasceretur ignorarunâ— Tua haec sunt opera Christe Jesu qui oâ—nia operaris in omnibus qui electum dilectum tibi anâ—e mundi constitutionem plebis tui rectoâ—em hiis indiciis declarasti quem li è◠per illos non tamen illi sâ—d tu potius elegisti Quis enim non videat â—ec aptum usui nec convenient tempoâ—i nec consonum rationi nec humano ferendum fuisse sensui ut omissis filiâ—â— lâ—giâ—imis adultis hostili gladio imminente parvulus nec dum natus ELIGERETUR IN REGEM quem in tali nâ—cessitate nâ—c hostes mâ—tuerent nec ciâ—es revererentur Sed omnipotens Deus Spiritum prophesiae voci simul affectui plebis infudit praesentia mala spe futurae conselationis temperans ut sciant omnes in totius regni consolationem regem futurum quem ab ipso Deo plebe nesciente quid fecerit nullus dubitaret electum Saevibat interim gladius hostilis in Anglia caedibus rapinis omnia replebantur ubique luctus ubique clamer ubique desolatio Incenduntur ecclesiae monasteria devastantur ut verbis propheticis utar effuderunt sanguinem sanctorum in circuitu Jerusalem non erat qui sepeliret Sacerdotes suis fugati sedibus sicubi pax quies aliqua in monasteriis vel locis desertis inveniebatur communem miseriam deplorantes delitescebant Inter quos veneâ—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 mens erit ne finis horum mirabilium aut in aeternum tuus in nos mucro desaeviet percutias usque ad internecionem Inter prâ—ces tandem lachrimas fatigatum soper suavis excepit viditque per somnium caelâ—stem chorum cum lumine beatissimumque Petrum in â—minenti loco constitutum dignum taentae majestati habiâ—um praeferentem Vidâ—batur ante eum vir pyaeclari vultâ—s in forma decenti regalibus amictus insigniis quâ—m cum pâ—opriis manibus Apostolus censecrasset unxisset in regem monita salutis adjâ—cit praecipuâ—que caelibem vitam commendans quot esset annos regnatuâ—us aperuit Obstupefactus Praesul tanti novitate miraculi petit sibi à sancto visionis hujus mysterium revelari de statu insuper regni instantis sine periculi apostolicum exegit â—raculum Tunc factus vultis placido in tuens intuentem Domini inquâ—t o Praesul Domini est regnum ipse dominatur in filiis hominum Ipse transfert râ—gna mutat imperia propter peccata populi regnare facit hypocritam Peccatum peccavâ—t populus tuns Domino tradidit eos in manus Gentium dominati sunt etiam qui oderunt eos Sed non obliviscitur misereri Deus nec continebit in ira suâ— misericordias suas Erit enim cum dormis cum patribus tuis sepultus in senectute bona visitabit Dominus populuÌ„ suuÌ„ faciet redemtionem ple bis suae Eliget enim fibi viâ—uÌ„ 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 rei exitus comprobavit Expergefactus Pontifex rursùs ad pâ—eces lacrimasquâ— convertitur licet faelicitatâ—m suae gentis non esset ipse visurus de malorum tamen fine câ—rtus effâ—ctus gratias agâ—ns Deo plurimum gratulabatur Factus igitur animaequior populis poenitentiam praedicabat quibus Dâ—us
milericâ—rdiâ—m non defuturam constantissime pollicâ—baâ—uâ— From these passages whether reall as manâ— as fictitions as some repute them I shall onely observe these reall Truths 1. That in King Eâ—hâ—lreds 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 extirpation of the Royal Issue and Posterity by invading forreign usurpers and with the oppressions of their native countrey under their usu ped power and have poured forth frequent and fervent prayers unto God in secret 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 aâ—jure and renounce 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 forcibly deprived after many years dispossession and without any wars or effusion of blood even by the Nobles and peoples own voluntary choice and act without their seeking as he did here restore Prince Edward after 25 years interruption and Aurelius Ambrosius long before to the British Crown to omit all others 6. That Crowns invaded ravished by force of armes and bloodshed are seldome long or peaceably enjoyed by the usurpers themselves or their posterity that of Curtius being an experimentall truth Non est diuturna possessio in quam gladio inducimur All which we find experimentally verified in this History of King Edward his election and restitution to the Crown of England worthy our special observation King Edw. coming to the Crown was not onely very charitable to the poor humble mercifull and just towards all men but also PLURES LEGES BONAS IN ANGLIA STATUIT quae pro majore parte adhuc in regno tenerentur Whereupon about the year 1043. as the Chronecle of Brompton William Caxton in his Chronicle and Mr. Selden inform us Earl Godwin a sugitive in Denmark for the murther of prince Alfred hearing of his piety and mercy resolved to return into England humbly to implore his mercy and grace that he might have his lands again that were confiscated having provided all things for his voyage he put to sea and arrived in England and then posted to London UBI REX ET OMNES MAGNATES AD PARLIAMENTUM TUM FUERUNT Where the King and all the Nobles were then at a parliament here he beseeched intreated his friends kindred who were the greatest Lords of the land after the King that they would study to procure to him the Kings Grace and friendship who having thereupon taken deliberate counsel among themselves led him with them before the King to seek his Grace But so soon as the King saw him he presently appealed him of TREASON of the death of Alfred his brother and using these words unto him said THOU TRAITOUR GODVVIN I THEE APPEAL FOR THE DEATH OF ALFRED MY BROTHER WHOM THOU HAST TRAITEROUSLY SLAIN To whom Godwin excusing himself answered My Lord and King saving your Reverenes and Grace Peace Lordship I never betrayed nor yet slew your Brother unde super hoc pono me IN CONSIDERATIONE CURIAE VESTRAE whence I put my self upon the consideration and judgement of your Court concerning this matter Then said the King KARISSIMI DOMINI COMITES ET BARONES TERRAE c. Most dear Lords Earls and Barons of the land who are my Liege men now here assembled you have heard both my appeale and Godwins answer Volo quod inter Nos in ista appeslatione RECTUM JUDICIUM DECERNATIS ET DEBITAM JUSTITIAM FACIATIS I will that between us in this appeale you award right Iudgement and do due Iustice COMITIBUS VERO ET BARONIBUS SUPER HOC AD INVICEM TRACTANTIBUS Hereupon the Earls and Barons debating upon this businesse among themselves some among them were different in their opinions from others in doing just judgement herein For some said that Godwin was never obliged to the King so Bromton to Alfred writes Caxâ—on by homage service or fealty and therefore HE WAS NOT HIS TRAITOUR and that he had not slain Alfred with his own hands But others said Quod Comes nec Baro nec aliquis Regi subditus BELLUM CONTRA REOEM IN APPELLATIONE SUA DE LEGE POTEST VADIARE That neither the Earl nor any Baron nor any Subject to the King could by the Law wage Battel against the King in his Appeal but ought wholy to put himself in his mercy and to offer him competent amends Then Leofric Earl of Chester or Coventry as Caxton a good man towards God and the world spake and said The Earl Godwin after the King is a man of the best parentage of all England and he cannot deny but that BY HIS COUNCEL Alfred the Kings Brother was slain wherefore I award as touching my part that himself and his son and every of us DUODECIM COMITES the twelve Earls who are his friends and kinsmen should go humbly before the King laden with as much gold and silver as every of us can carry between his arms offering that to him for his trespasse and submissively deprecating that he would pardon all his rancour and ill-will to the Earle and receiving his homage and fealty he would restore and redeliver his lands intirely to him Vnto which award THEY ALL ACCORDING they all laded themselves with treasure in the manner aforesaid and going to the King declared unto him the order and manner of their JUDGEMENT or AVVARD QUORUM CONSIDERATIONI REX CONTRADICERE NOLENS QUI CQUID JUDICAVERANT PER OMNIA RATIFâ—CAVIT The King not willing to contradict them in any thing they had judged ratified the same in all things An agreement therefore being made between them in this manner the Earl presently regained all his lands The generality of our Historians as Bromton confesseth deny that Godwin ever fled into Denmark or left England for the murder of Alfred they generally affirming that he purged himself thereof though falsly CORAM PROCERIBUS before the Nobles in the reign of Harde-Cnute swearing with his compurgators that he never consented to his death NISI REGIA VI COACTUS but through compulsion by royall violence Recording likewise that after the death of King Harde-Cnute Prince Edward was called out of
Normandy and elected King principally by the help and counsel of Earle Godwin himself who as Malmesbury and others write perswaded him to accept the Crown and precontracted with him before hâ— came into England Paciscatur ergo sibi amicitiam solidam filiis honores integros filiae matrimonium brevi futurum ut se Regem videat qui nunc vitae naufragus exul spei alterius opem implorat Utrinque fide data quicquid petebatur sacramento firmavit If there were then any such Parliament as this then held at London and such proceedings in it concerning Godwin it was most probably in the year 1043. as I here place it And from these memorable proceedings in it we may observe 1. That there is mention onely of the King Earls and Barons present in this Parliament as members of it not of any Knights of shires Citizens or Burgesses elected by the people of which there is not one syllable 2. That the Earls and Barons in Parliament were the onely Judges in that age in Parliament between the King and his Nobles subjects both in criminal and other causes there decided 3. That Peers in that age were onely tryed and judged by their Peers for treason and capitall offences 4. That appeals of Treason were then tryed in Parliament and the Earls and Barons the sole Judges of them and of what offences were Treason and what not 5. That the Bishops and Clergy in that age had no votes in matters of Treason and capitall offences 6. That the Judgement of Parliament then rested properly in the Earls and Barons not the King and that their judgement was not repealable by but obligatory to the King himself 7. That no Subject could then by law wage battel against the King in an Appeal 8. That the murther of Prince Alfred then heir to the Crown in the time of Harold an actuall King by usurpation without any good title by his command was reputed a treasonable offence in Earl Godwin for which he forfeited his lands and was forced to purchase his pardon and lands restitution with a great fine and summe to the King 9. That though the Author of the Chronicle of Bromton Caxton out of him stile this Assembly PARLIAMENTUM a Parliament not a COUNCIL yet it is onely according to the style of the age wherein he writ being in the reign of King Edward the third as Mr. Selden proves not according to the dialect of the age wherein it was held to which the term Parliamentum was a meer stranger and CONCILIUM MAGNUM c. the usual name expressing such Assemblies King Edward Anno 1643. immediately after his Coronation came suddenly from Glocester to Winchester attended with Earl Godwin Siward and Leofric and by their advice forcibly took from his Mother Queen Emma all her gold silver jewels and precious stones and whatever rich things else she possessed commanding onely necessaries to be administred to her there The cause of which unjust act some affirm to be Godwins malice towards her others affirm it to be her unnaturalnesse to King Ethelred her first husband and her own sons by him Alfred and Edward In loving and marrying Cnute their enemy and supplanter when living and applauding him when dead more then Ethelred In advancing Harde-Cnute her son by him to the Crown and endeavouring to deprive Alfred Edward thereof In refusing to give any thing toward Prince Edw his maintenance whiles in exile and distresse although he oft requested her to supply his necessities In having some hand in the murther of Prince Alfred and endeavouring to poyson King Edward himself as the Chronicle of Bromton relates After which by the instigation of Robert Archbishop of Canterbury a Norman born he againe spoiled her of all she had and shut her up prisoner in the Abbey of Werwel upon suspition of incontinency with Alwin Bishop of Winchester from which false imputation she purged her self and the Bishop by passing barefoot over nine red hot ploughshares without any harm Whereupon the King craved mercy and pardon from her for the infamy and injury done unto her for which he was disciplined and whipped by his Mother and all the Bishops there present Anno 1044. There was GENERALE CONCILIUM CELEBRATUN a General Council held at London wherein Wolmar was elected Abbot of Evesham And this year King Edward DE COMMUNI CONCILIO PROCERUM SUORUM as Bromton and others write most likely when assembled in the Council at London married Edith daughter of Earl Godwin in patrocinium regni sui he being the most potent man in all the Realm there being in her breast a magazine of all liberall vertues And this same year most probable by this same Councils Edict Gunilda a noble Matron King Cnute's sisters daughter with her two sons Hemming and Thurkell were banished out of England into Flanders from whence after a little stay they departed into Denmark v King Edward in the year 1045. assembled together to the port of Sandwich a very numerous and strong Navy against Magnus King of Norway purposing to invade Engl. But Swane King of Denmark then warring upon him hindered his voyage for England The next year 1046. Osgodus Clapa was banished out of England Swane King of Denmark Anno 1047. sent Ambassadours to King Edward desiring him to send a Navy to him against Magnus King of Norway Hereupon Earl Godwin counselled the King to send him at least fifty ships furnished with souldiers Sed quia Leofrico comiti ET OMNI POPULO id non videbatur consilium CAETERI PROCERES DISSUASERUNT nullum ei mittere voluit But because that Council seemed not good to Earl Leofric and all the people and the rest of the Nobles disswaded him from it he would send no ships to him Magnus furnished with a great Navy fought with Swane and after a great slaughter on both sides expelled him out of Denmark reigned in it and compelled the Danes to pay him a great Tribute Harold Harvager King of Norwey Anno 1048. sent Ambassadours to King Edward offering peace and friendship to him which he embraced Also Swane King of Denmark sent other Ambassadours to him this year requesting a naval assistance of ships from him But although Earl Godwin was willing that at least fifty ships should be sent him yet none were sent because Earl Leofric OMNISQUE POPULUS UNO ORE CONTRADIXERUNT and all the people contradicted it with one voice Abbot Ingulphus records That Wulgat Abbot of S. Pega whose Abbey was quite destroyed and burnt to the ground by the Danes had a long suit in the Kings Court with three Abbots of Burgh concerning the seat of his Abbey especially with Abbot Leofric with whom he most strongly contended Sed Regis curia nimium fav â—nte potentiori contra pauperem sententiante tandem sedem monasterii sui perdidit Tanta fuit Abbatis Leofrici pecunia
ad lumina subliminum Apostolorum Petri Pauli ibi gratias agere pro collatis beneficiis exorare ut eam pacem firmaret Deus perpetuam mihi posteris meis Praeparevi ergo denumeravi expensas necessarias itineri honorabilia dona quae ferrem sanctis Apostolis SED GRAVIUS SUPER RE MAEROR HABEBAT OPTIMATES MEOS utpote memores maloruÌ„ quae sub aliis regibus pertulerant NE TANTO DOMINO ET PRO PATRIAE REGE ABSENTE REGNUÌ„ NOVITER SEDATUM ALIQUA TURBARETUR HOSTILITATE metuentes id quod sanctus Ezechias ne si forte in via aut aegritudine aut alio incommodo deficerem HAEREDITARIIS RRGIBUS CARERENT maxime quia nullum habebam filium Itaque COMMUNI HABITO CONCILIO ROGABANT ME UT AB INTENTIONE DESISTEREM pollicentes se satisfacturâ—s Deo pro voto meo tam in missarum orationuÌ„ oblatione quaÌ„ in larga eleemosynaruÌ„ distributione Sed cum obnixè contradicerem TANDEN UTRISQUE PLACUIT UT MITTERENTUR LEGATI DUO AB UTRAque PATRE Eldredus Heremanâ—us Episcopi Abbates Wulfricus Eswynus qui Apostolo meaÌ„ voluntateÌ„ votum ILLORUM PETITIONEM indicarent secundum ejus sententiam quam mihi mandaret promisi me omnia facturum Factum est ergo quod volumus venientes Romam Legati nostri ex voluntate Dei invenerunt COLLECTAM SYNODUM in eadem urbe cumque exposuissent meam voluntasem suam petitionem coram ducentis quinquaginta Episcopis alia multitudine sanctorum Patrum tunc Apostolicus EX CONSILIO SANCTAE SYNODI hanc Epistolam scripsit Leo c. Haec alia Apostolica mandata cum referrent nobis Legati interea revelavit beatus Petrus c voluntatem suam esse ut restituerem locum qui dcitur Westmonasterium c. Cumque mihi hanc visionem meisque retulisset Apostolicae literae aequalia praecepta detulâ—ssent contuli voluntatem meam cum voluntate Dei TOTIUS REGNI ELECTIONE dedi me ad restructioneÌ„ ejusdem loci Itaque DECIMARI praecepi omnem substantiam meam tam in auro argento quà m in pecudibus omni genere possessionum destruens veterem novam à fundamento basilicam construxi From which passages and charters which I have coupled all together for their coherence in matter though differing somewhat in time I shall observe 1. That parliamentary great Councils in that age were summoned by the King upon all extraordinary occasions 2. That the Prelates Nobles and Barons of the Realm were the onely members of the great parliamentary Councils summoned onely by the Kings writs without any Knights or Burgesses that we read of elected by the people 3. That the Kings of Engl. in that age could not depart out of the Realm no not to pay their solemn vows to God nor appoint Vice-royes Guardians Officers Judges Commanders to govern or defend the Realm in their absence without the advice and consent of their Nobles in parliamentary Councils nor yet endow Monasteries with any Crown-lands or Royal priviledges by their charters unless by consent and confirmation of their Nobles and themselves in Parliament 4. That the Nobles and grand Councils of Engl. had then a negative voyce not onely to conclude against the King in his resolutions and intentions but even in his sacred and religious vows when prejudicial dangerous mischievous to the Realm the publick peace safety 5. That Kings ought to submit to the just petitions advice desires of their Nobles Councils and people in all things which concern their safety tranquilâ—ity though contrary not only to their private resolutions but vows 6. That the Nobles and Subjects of that age were very zealous both of the safety of their Kings persons the kingdoms peace and security and the hereditary succession of the Crown 7. That the Kings absence out of the Realm or death without any hereditary issue or heir is exceeding perillous and mischievous to the Realm yea the cause of many seditions tumults perturbations and ruins 8. That the sacred vows of Kings prejudicial to the Realm may and ought to be violated and dispensed with and that by the resolution of two Popes three Roman Synods and two parliamentary Councils 9. That God doth many times not onely preserve the right heirs to the Crown from the hands of bloody Tyrants and Usurpers who seek their life but likewise miraculously and unexpectedly restore them to the Crown again without war or bloodshed after many years seclusion from it by intruding armed usurpers as he did K. Edw. here after 25 years invasion of his right Aurelius Ambrosius after 21 years long before 10. That right heirs to the Crown when so miraculously restored and reinthroned in their Kingdomes ought to be extraordinarily affected with and thankful bountiful and devout to God for it and their subjects likewise both in words and deeds as King Edward his Nobles and Subjects were King Henry the Emperour An. 1049. when the forementioned parliamentary Council was held about the Kings pilgrimage and Embassy to Rome warring upon Baldwin Earl of Flanders for burning his palace sent to King Edward intreating him not to suffer Baldwin to escape in case he should flie to sea Whereupon the King went with a great fleet to Sandwich which he there continued so long till the Emperour received from Baldwin whatever he desired Henry Huntindon and the Chronicle of Bromton relate that two Princes of the Danes Lothin and Hirling the yeare before having there taken an inestimable booty and great store of gold and silver they sailed by sea about the coast of Essex pillaged it and sailing thence into Flanders there sold their prizes and returned from whence they came Which probably occasioned the kings drawing his fleet this year unto Sandwich for defence of the coast as well as the Emperours Embassy Whiles the Kings fleet lay at Sandwich Swane Earl Godwins son who formerly fled into Denmark because he could not marry Abbesse Elgina whom he had defloured teturning into England with eight ships gave out in speeches that he would from henceforth faithfully remain with the King Whereupon Earl Beorn promised him to procure from the King that his Earldome should be restored to him The Emperour and Earl Baldwin being agreed Earl Godwin and Beorne by the Kings license sailed to Pemeuse with 42 ships the rest of the Navy the King discharged and sent home retaining onely a few ships with him But being soon after informed that Osgad Clapa whom he had banished lay in Vlve with 29. ships he recalled as many of the dismissed ships as he could to encounter him Osgad having received his wife sailed with 6 of his ships into Denmark the other 23 ships sailed towards Essex having taken a great booty about the promontory of Edelfe they were all cast away in a great storm but two w ch were taken in the parts beyond the sea all
the men in them put to the sword In the mean time Swane dealt very deceitfully with Earle Beorne intreating him to go with him to Sandwich to make his peace with the King who considering his consanguinity went to him attended onely with three men Swane treacherously sending him to Bosenham where his ships rode at anchor carried him on ship-board bound him in chains and at last slew and cast him into a pit After which two of his ships being taken by those of Hastings and brought to the King at Sandwich and 4 more of his ships being dismissed he sailed with two ships onely into Ireland till Ailred Bish of Worcest reduced and reconciled him unto the King The same year in the moneth of Aug. the Irish pirats with 36 ships arriving in the mouth of Severn by the help of Griffin King of Southwales burnt and pillaged many villages and put the inhabitants to the sword against whom Ailred Bish of Worcest with few of the inhabitants of Worcester and Hereford speedily marched but the Welshmen amongst them who had promised fidelity to them sending presently to their K. Griffin intreating him with all possible speed to fall upon the English thereupon he and the Irish pirats assaulting the English unexpectedly early in the morning slew many of them and routed the rest King Edward in the year 1051. released the English From the heavy tribute or Danegeld which Florentius Wigorniensis and Simeon Dunelmensis thus expresse Rex Edvardus Absolvit Anglos A gravi vectigali 38. anno ex quo pater ejus Rex Athelredus Danicos solidarios solvi mandavit c. quod eis pater suus propter Danicos solidarios imposuerat as Brompton renders it in another place Roger de Hunedon Annalium pars 1. p. 441. Rodolphus de Dâ—ceto Abbreviatione Chronicorum col 145. use the same words Ailredus Abbas Rievallis de vita miraculis Edwardi Confessoris Col. 383. thus relates it Insuper Tributum illud gravissimum quod tempore patris sui prâ—mo classi Danicae pendebatur Postmodum vero fisco regio Annis singulis inferebatur regia liberalitate remisit et ab onere hoc importabilt in perpeâ—uum Angliam absolvit Vnde sancto huic regi non inconvenienter aptatur quod scriptum est Beatus vir qui inventus sine macula qui post aurum non abiit nec speravit in pecuniae thesauris Post aurum non abiit quod potius dispersit nec speravit in thesauris quos in Dei opere non tam minuit quam consumpsit Matthew Westminster records it in these words Anno gratiae 1051. Rex Edwardus A vectigali gravissimo Anglâ—s absolvit quod patre vivente Danicis stipendiariis Triginto octo millia librarum solvi consuevit Henry de Knighton De eventibus Angliae l. 1. c. 9. fol. 233. 1. and Higden in his Polychronicon lib. 6. c. 24. f. 254. thus relate it Rex Edvardus absolvit Anglos a Gravi Tributo quod patur ejus Ethelredus Danicis solidariis solvi fecerat jam per 40. annos duraverat which Fabian in his Cronicle part 8. c. 210. p. 282. Graston in his Cronicle p. 170. Speed in his History p. 410. Holinshead and others thus expresse This King Enward discharged English men of the great and most heavy Tribute called Danegeld which his Father Ethelred had made them pay to the Souldiers of Denmark and had then dured 40. years So that after that day it was no more gathered Abbot Iuguphus Historiae pag. 897. thus records it more at large Eodem etiam Anno 1051. cum terra non daret solitâ fertilitate fructus suos sed fames plurimos habitatores devoraret in tantum ut bladuum carentia panis inopia multa hominum millia morierentur miserecordiâ motus super populum piâ—ssimus Rex Edwardus Tribufum gravisâ—mum quod Danigelo dicebafur omni Angliae in perpetuum relaxavit Ferunt quidam regem sanctissimum cum dictum DANIGELD cublcularii sui collectum in regis cameram infudissent ad videndum tanti Thesauri cumulum ipsum adduxissent ad primum aspectum exhorruisse protestantem Se daemonem super acervum pecuniae saltantem nimio gaudio exultantem prospexisse unde pristinis possessoribus jussit statim reddere de tam fera exactione ne jota unum voluit retinere quin in perpetuum remisit anno scilicet 38. ex quo tempore Regis Ethelredi patris sui Suanus Rex Danorum suo exercitui illud solvi singulis annis imperavit This History of the Devils dancing upon this Mony is thus more fully related by Roger de Honeden Annalinm pars prior pag. 447. Item de eodem Rege Edvardo quadam die contigit quod cum praedistus Rex Anglorum Edwardus Regninâ comite Haraldo deducentibus aerarium suum intravit ut pecuniam videret magnam quam Regina Comes Haraldus Rege ipso â—nesciente colligissent ad opus Regis scilicet per singulos comitatus totius Angliae de unaquaque hida terrae quatuor denarios ut Rex inde contra natale Domini pannos emeret ad opus militum servientium suorum cumque Rex intrasset aerarium suum comitantibus Regnia Comite Haraldo videt diabolum sedentem inter Denarios illos ait illi Rex quid hic facis cui daemon respondit custodio hic pecuniam meam dixit Rex conjuro te per Patrem Filium Spiritum sanctum ut indices mihi Quamobrem pecunia ista iua est respondens dixit ei daemon Quia injuste accquisita est de substantia pauperum Illi autem qui illum comitabantur stabant stupefacti audientes quidem illos loquentes neminem autem videntes praeter solum Regem ait illis Rex Reddite denarios istos illis a quibus capti sunt fecerunt sicut praecepit illis Rex which is likewise remembred by Capgrave Surius Ribadeniera and others in the life of King Edward the Confessor From all which relations compared together it is apparent First That Dangeld was a great most heavy and intolerable Tribute first imposed in King Ethelreds reign to pay the Danish Navy and Souldiers then invading England to keep them from plundering and spoiling the people 2. That King Swane the invading and usurping Dane after he had gotten the power of this Realm imposed it annualy on the English and made it any early Tribute to pay his Army 3. That the Danish succeding Kings continued and made it a kind of annual revenue to cloath and pay their Souldiers and Marriners for sundry years together 4. That it was yearly paid unto the Kings Exchequer and reduced to a certainty to wit four pence a year out of every Hide or plough land thorowout England or else twelve pence or two shilings a year as the laws of Edward the Confessor the black Book of the Exchequâ—r and Sir Henry
Host to avenge the wrong done to Eustace and to punish the insolency of the men of Dover which the King exceedingly aggravated But Godwin a man of sharp wit and wel understanding that sentence ought not to be pronounced upon the hearing of the allegations of one part only without hearing the other refused to march with his Army against the Burgesses of Dover although the King commanded him both because he envied that all Aliens should find such extraordinary favour with the King and because he would shew friendship to his own Countreymen Whereupon he answered It were reasonable and just that before any execution done the the Wardeins of Dover Castle should be summoned into that Kings Court in a fair manner to answer this tumult and if they could excuse themselves that then they should be dismissed without harms or if not that then they should satisfy the King whose peace they had broken and the Earl whom they had offended with money or the forfeiture of their bodies and goods Iniquum videri ut quos tutari debeas eos ipse potissimum inauditos adjudices And so Godwin depaâ—ted at that time little regarding the Kings fury as being but momentany Quocirca Totius regni Proceres fussi Glocestriam conventre uf ibi magno conventu res ventilaretur Therefore all the Lords of the land were commanded to assemble together at Glocester that this matter might be there debated in a great Parliamentary assembly Thither came the most famous Earle Syward of Northumberland and Leofric Earle of Mercia Omnibus Anglorum Nobiles and all the English Nobility at that time only Godwin and his Sonnes who knew themselves suspected thought it not safe for them to come thither without an armed Guard whereupon they encamped at Breverstone with a great host and there stayed giving out a report among the people that they had therefore gathered an Army together out of Kent Surry Yorkshire Oxfordshire Glocestershire Somersetshire Herfordshire Essex Notinghamshire and other parts that they might curbe the Welshmen who meditating Tyranny and Rebellion against the King had fortified a Town in Herefordshire where Swane one of the Earl Godwins Sonnes then pretended to keep watch and ward against them The King hearing that Godwin and his Sonnes had raised a great Army of men out of all these Counties upon this false pretext presently sent Messengers to Syward Earle of Northumberland and Leofric Earle of Mercia to hasten to him being in great danger with all the forces they could raise Who repairing to him at the first with small forces so soon as they knew how the matter went sending their Officers through their Countries together with Earle Ralph in his Countrey speedily assembled a great Army to assist the King ready to encounter these enemies if there were a necessity In the mean time Godwin marching with his Army into Glocestershire sent messengers to the King as Matthew VVestminster and some others story commanding him to deliver up Earle Eustace with his companions the Normans Bonomans who then held the Castls of Dover to him else he should denounce war against him To whom the King being sufficiently furnished with military forces sent this answer That he would not deliver up Earl Eustace to him commanding moreover Ut qui erercitum contra ipsum collegerat sine ejus licentia pacem regni perturbaverat veniret ad eum die statuta super hac injuria sibi resonsurus juri pariturus Godwin and his Sonnes being accused of A CONSPIRACY against the King and made odious to the whole Court by the VVelshmen and Normans so that a rumor was spread abroad that the Kings Army would assault them in the same place where they quartered and were unanimously resolved and ready to fight with Godwins Army being much incensed against him if the King would have permitted them Quo accepto Godwinus ad Conjuratos classicum cecinit Ut ultro Domino regi non resisterent sed si conuenti fuissent quin se ulciscerentur loco non cederent profecto facinus miserabile plus quam civile bellum fuisset nisi maturiora consilia interessent writes Malmsbury But because the best and greatest men of all England were engaged on the one side and other it seemed a great unadvisednesse to Earl Leofric and others that they should fight a battle and wage war with their own Countrymen and thereupon they advised That hostages being given on both sides the King and Godwin should meet at London on a certain day to plead together which Counsel being approved of and meslengers running to and fro between them hostages being given and received and some small agreement made between them at the present thereupon the Earle returned into VVest-Sax and the King increasing his Army both out of Mercia and Northumberland returned with them to London by agreement between both parties Iterumque praeceptum ut Londini Concilium coageretur and it was again commanded by the King that A COVNCEL or PARLIAMENT as Trevisa Speed and others render it should be assembled at London Swane the Son of Godwin was commanded to mitigate the Kings anger by his flight Godwin and Harold were ordered to come to this Councel with twelve men only in their company and that they should resigne up to the King the services of all the Knights and Souldiers which they had thoroughout England But Godwin and his Sonnes as they durst not wage war against the King so ad Curiam ejus venire Juriparituri negabant They would not come to his Court to put themselves upon a legal tryall alleadging That they would not goe to a Conventicle of factious persons without pledges and hostages that they would obey their Lord in the surrender of all their Knights services and in all things else without the perill of their honour and safety That if they came thither unarmed they might fear the losse of life if with a few followers it would be a reproach to their honour But the King being so resolute in his minde that he would not recede from what he had resolved by their intreaties upon their refusal to come unto his Court to justify themselves Her in suo Concilio communi Curiae suae judicio by the common judgement of his Court in this Parliamentary Councel Et omnis exercitus unanimi consensu and by the unanimous consent of his whole Army as Flo-rence of VVorcester and his followers subjoyne banished Godwin himself and his five Sons out of England whereupon prolatum Edictum est A Decree Proolamation was then published that within five dayes they should depart out of England Godwin perceving that his souldiers deserted him some some for fear of the Kings Army and displeasure thereupon he and his wife Giva and his three sonnes Swane Gurth and Tosti with his wife Iudith daughter to the Earle of Flanders departed presently out of England by the Isle of Thanet into Flanders to Earle Baldwin
to banish and expell them From all these memorable Historical passages as we may observe the great unconstancy vicissitude and changes of earthly Princes favours worldly honours preferments and popular favour with the great inconveniencies of admitting or advancing forreigners to any places of trust or power under the King or Court so we may likewise conclude that by the Law of that Age. 1. That no Englâ—sh man ought to be condemned executed imprisoned or put to death upon any great mans bare suggestion no not by the Kings own speciall command which if given ought to be disobeyed in such cases but only by and after a Legall hearing tryall and conviction of the offence 2. That the Kings of England were then sworn and obliged to govern their people by good just and wholesome Laws and Customes not by their arbitrary pleasures powers or commands 3. That the Parliamentary Councels and Nobles in that age were very carefull to defend and maintain the Liberties Rights good Laws and Customs of the people and to prevent and abolish all unjust Laws and Encroachments repugnant to them 4. That Parliamentary Councels were then frequently summoned by the King upon all publique emergent occasions and differences and to make war and peace either at home or in forreign parts 5. That the Parliamentary Councels of that time consisted of the Earles Barons Nobles and Praelates of the Realme duly summoned to them without any mention of Knights or Burgesses elected and sent to them by the people of which there are no presidents in this Kings reign Enough to prove Modus Tenendi Parliamentum supposed to be made and observed in this age a meere cheating imposture of later daies as in truth it is 6. That all delinquents of what quality soever justly or unjustly accused ought to appear and justify themselves before the King and his Nobles in their Parliamentary Councels without armed Guards forces Tergiversation or resistance upon due suÌ„mons to appear before them by the Laws of that time 7. That Kings and great mens coming to Parliamentary Councels with Armies strong armed Guards and holding them with power or under Armies is inconsistent with their Liberty Priviledges and are an occasion of civill wars disturbances muchmischief to the Nation as then they proved 8. That English Peers then were and ought to be tried banished judged by their Peers both in Parliamentary Councels and other Courts 9. That no English Peer ' or Freeman could then be lawfully and judically banished the Realme but in and by sentence and judgement of a Parliamentary Councel for some contempt or offence demeriting such a punishment 10. That Peers and great men obstinately refusing to submit themselves to the triall and judgement of Parliamentary Councels or to appear in them or the Kings Courts to justify themselves without hostages fist given for their securiy may justly be sentenced and banished by our Parliaments for such contempts and affronts to justice 11. That the subjects were bound to ayd and assist their Kings as wel against Traitors Rebels Pyrates as against forreign enemies under our Saxon Kings 12. That forreigners are usually the greatest occasioners and fomenters of civil wars That such Incendiaries deserve justly to be banished the Nation And that civill wars between King and subjects English and English and their shedding of one anothers blood in such wars was then deemed most unnatural odious execrable by all prudent means and councels to be timely and carefully prevented and not to be begun or undertaken but by good advice and common consent in great Parliamentary Councels upon weighty urgent inevitable necessities 13. That the abolishing of ill and enacting of good Laws the removing of ill Counsellors and Instruments about Kings ordering matters of war and defence by Land and Sea and setling of peace were the antient proper works businesses imployments of our Saxon Parliaments 14. That the English Freemen have been always apt forwards cordially to joyn with such Nobles and Great men who are most cordial and active to defend their just Liberties Laws Rights against foreiners and others who invade them Soon after the forementioned agreement between the King and Godwin King Edward according to his forementioned promises to make good Laws for all his people out of all the former British and Saxon Laws by Order of his Wisemen compiled an universal common Law for all the people throughout the whole Realm which were called King Edwards Laws being so just and equal and so securing the profit and wealth of all estates that the people long after as Mr Fox and others record did rebel against their Lords and Rulers to have the same Laws again when suspended or taken from them or dis-used and prescribed this Oath to William the Conquerour himself and every of our Kings since to be solemnly taken at the time of his Coronation for the further ratification and better inviolable observation of these Laws and perpetuating them to all posterity SIR will you grant and keep and by your Oath confirm to the people of England the Laws and Customs granted to them by antient Kings of England rightfull men and devout towards God namely the Laws and Customs and Franchises granted to the Clergy and to the People by the glorious King Edward to your power To which the King must answer I will doe it before he be anointed or crowned King Now because these Laws of King Edward made by his Wisemens Counsel and advice as this Clause Sapientes caeperunt super hos habere consilium et constituerunt in the Chapter De illis qui has Leges despexerent implyes are so famous and fundamental most of our Common old Laws being founded on or resulting from them I shall give you this brief account of them out of our Historians as most pertinent to my subject matter and usefull for those of my profession to be informed of being generally not so well versed in Antiquity History and Records as were to be wished for the honour and lustre of their honourable publike calling pretermiting the grosse Forgery and Imposture of Modus tenendi Parliamentum so much cryed up by Sir Edward Cooke for its Antiquity and Authority as made and observed in Edward the Confessors reign when as it is a meer counterfeit Treatise and Spurious Antiquity scarce antienter than King Richard the 2. as I have proved in my Levellers levelled and Mr. Selden manifests in his Titles of honour pars 2. p. 713 738 to 745 yea it s own mentioning the Bishop of Carlisle which Bishoprick was not erected til the year 1132 or 1134. the Mayors of London which had no Mayor til the year 1208 and of other Cities with Knights and Burgesses usual wages all instituted long after the Conquerours reign the not mentioning of this Modus in any of our Records Histories or judicious Antiquaries and its difference from all the Modes and Forms of Parliaments and Great Councils of that or
Invasion injury violence disturbance and specially enact That not only all Clerks and Clergy men but all other persons shall enjoy the peace of God and the Church free from all assaults arrests and other disturbances whatsoever both on Lords-days Solemn Festivals and other times of publike Church meetings eundo subsistendo redeundo both in going to continuing at and returning from the Church and publike duties of Gods worship or to Synods and Chapters to which they are either summoned or where they have any business requiring their personal presence wherewith the Statute of 8 H. 6. c. 1. concurs as to the later clause Therefore all Quakers Anabaptists and others who disturb affront and revile assault or abuse our Ministers or their people as many now doe in going to or returning from the Church or whiles they continue in it as well before or after as during Divine Service Sermons or Sacraments there administred may and ought by the Common Law oâ— England confirmed both by Confessor and Conquerour in their Parliamentary Councils to be duly punished as Breakers of the Peace by all our Kings Justices and Ministers of publike Iustice being ratified by Magna Charta c. 1. and the Coronation Oaths of all our Kings which all our Judges and Justices are bound to observe To keep to God and holy Church to the Clergy and to the People Peace and Concord entirely according to their power especially during the publike worship of God in the Church and in going to tarrying at and returning from the duties which they owe unto him both as his Creatures and Servants And to grant keep and confirm the Laws Customs and Franchises granted by the glorious King Edward 3. That they prescribe the due payment of Tithes to God and his Ministers as well personal as praedial under Ecclesiastical and temporal penalties being granted and consented unto a Rege et Baronibus et Populo 4. That the Causes and pleas of the Church ought first to be heard ended in Courts and Councils before any other Iustitia enim est ut Deus ubique prae cateris honoretur 5. That they thus define Danegild Danegaldi redditio propter Piratas primitus Statuta est Patriam enim infestantes vastationi ejus pro posse suo insistebant Ad eorum quidem insolentiam reprimendam Statutum est Danegaldum annuatim reddi scilicet duodecim denarios de unaquaque Nida totius Patriae ad conducendos eos qui Piratarum eruptioni Resistendo obviarent To which Hoveden Knyghton Lambard and others subjoyn De hoc quoque Danegaldo omnis ecclesia libera est quieta omnis texra quae in proprio dominico Ecclesiae erat ubicunque jacebat nihil prorsus in tali redemptione persolvens quia magis in Ecclesiae confidebant orationibus quam in armorum defensionibus usque tempora Willielmi junioris qui Ruffus vocabatur donec eodem a Baronibus Angliae auxilium requirente ad Normanniam requirendam retinendam de Roberto suo fratre cognomine Cortehose Ierusalem proficiscente Concessum est ei nonLege sancitum neque confirmatum sed hac necessitatis causa ex unaquaque hida sibi dari quatuor solidos Ecclesia non excepta Dum vero collectio census fieret proclamabat Ecclesia suam reposcens libertatem sed nil profecit By which it is apparent 1. That this grievous Tax of Danegeld was first granted and appointed by a publike Law in a Parliamentary Council to hire men to resist the eruption of the Pyrates and Enemies That it amounted but to 12 d. a year upon every Ploughland That the Church and Demesne Lands of the Church where ever they lay were exempted from it till William Rufus his time who first exacted it from the Clergy upon a pretended necessity and raised it from 12 d. to 4 s. a Ploughland by grant of the Barons without any Law to enact or confirm it for fear of drawing it into consequence 6ly That these Laws thus describe the Duty and Office of a King The King because he is the Vicar of the highest King is constituted for this end that he may rule the earthly kingdom and the Lords people and above all things that he may reverence his holy Church and defend it from injuries pluck away evil doers from it and utterly to destroy and disperse them Which unless he shall doe the name of a King agreeth not unto him the Prophet Pope John witnessing Nomen Regis perdit qui quod Regis est non faciat he loseth the name of a King who dischargeth not the duty of a King Pepin and Charls his Son being not yet Kings but Princes under the French King hearing this definitive Sentence as well truly as prudently pronouneed concerning the name of a King by William the bastard King of England foolishly writ to Pope John demanding this question of him Whether the Kings of France ought so to continue being content only with the name of a King Who answered That it is convenient to call them Kings who do watch over defend and govern the Church of God and his people imitating King David the Psalmograph saying He shall not dwell in my House which worketh pride c. After which it followeth in Mr. Fox and some others but not in Hoveden and Knyghton Moreover the King by his right and by his Office ought to defend and conserve fully and wholly in all ampleness without diminution all the Lands Honours Dignities Rights and Liberties of the Crown of his Kingdom And further to reduce into their pristine state all such things as have been dispersed wasted and lost which appertain to his kingdom Also the whole and universal Land with all I lands about the same in Norwey and Denmark be appertaining to the Crown of his kingdom and be of the appurtenances and dignity of the King making one Monarchy and one Kingdom which sometimes was called the Kingdom of Britain and now the Kingdom of England such bounds and limits as is above said be appointed and limited to the name of this kingdom A King above all things ought to fear God to love and observe his commandements and cause them to be observed through his whole kingdom He ought also to keep cherish maintain and govern the holy Church within his kingdom with all integrity and Liberty according to the constitution of his ancestors and predecessors and to defend the same against all Enemies so that God above all things be honoured and ever before his eyes He ought also to set up Good Laws and Customs such as be wholesom and approved Such as be otherwise to repeal them and thrust them out of his kingdom Item he ought to doe Judgement and Justice in his kingdom by the counsel of his Realm All these things ought a King in his own person to do taking his Oath upon the Evangelist swearing in the presence of the whole State of the Realm
beautifull maides in England and to send them into Denmark that she might heap up riches by their deformed sale After her death he maried another wife on whom he begot Harold Swane Wulnoth Tosti Girth and Leofwin Harold after Edward was King for some Moneths and being conquered by William at Hastings lost both his life and kingdom with his two younger Brothers there slain in battel Wulnoth sent into Normandy by King Edward because his father had given him for an hostage was there detained a Prisoner without any release during all King Edwards life and being sent back into England in Williams reign continued in bonds at Sarisbury till his old age Swane of a perverse wit treacherous against his King revolted oftentimes both from his Father and his Brother Harold and becomming a Pyrate polluted the vertues of his ancestors with his maritime Robberies and murder At last going barefoot to Jerusalem in pilgrimage out of conscience to expiate the wilfull murder of his Cosen Breunâ— and as some say his Brother in his return thence he was circumvented and slain by the Saracens Tosti being advanced by King Edward to the Earldom of Northumberland after the death of Earl Syward ruled the County near two years which being expired he stirred up the Northumbrians to a Rebellion with the asperity of his manners for finding him solitary they chased him out of the Country not thinking fit to slay him by reason of his Dukedom but they beheaded all his men both English and Danes and spoiled him of all his horses arms and houshold-stuff whereupon being deprived of his Earldom he went with his wife and children into Flanders and at last invading Northumberland and joyning with the Danes against his own brother King Harold was there slain by him in battel with all his forces His daughter Queen Egitha besides her forementioned repudiation by King Edward and the imprisonment and disgraces put upon her by him for her Fathers sake was never carnally known by him as his wife out of a detestation to her Father Godwin because he would not ingender heirs to succeed him in the royal Throne out of the Race and séed of such a Traytor as many Historians assert Even so let all other such like perfidious Traytors their Posterities perish who imitate him and them in their Treasons Perjuries Rebellions and will not be warned nor reclaimed by his or their sad examples The same year Earl Godwin thus perished Rheese brother of Griffin King of Southwales was slain by King Edwards command and his head brought to Glocester to the King on the Vigil of Epiphany for his manifold Treasons rebellions and frequent depredations upon his English Subjects King Edward Anno 1054. commanded Sywara the valiant Duke of Northumberland to invade Scotland with an Army of horse and a strong Navy to remove Mackbeoth K. of Scots to whom he had formerly given the Realm of Scotland to hold it of him and make Malcolm the King of Cumberlands Son King in his place Who thereupon entring Scotland with a puissant Army fought a set battle with Mackbeoth slew many thousands of the Scots and all the Normans who went to him out of England chased him out of Scotland then totally wasted and subdued by Syward and deprived him both of his Life and Realm Which being effected King Edward gave the Realm of Scotland to Malcolm to be held from and under himself Not long after Duke Syward being likely to die of a flux when he saw death approaching said What a shame is it that I who could not die in so many battels and warrs should be reserved to die with disgrace like a Cow Wherefore put upon me my impenetrable coat of male gird me with my sword set my helmet upon my head put my buckler in my left hand and my gilt battel-ax in my right hand that being the strongest of all Souldiers I may die like a Souldier Whereupon being thus armed as he commanded he said Thus it becomes a Souldier to die and not lying down in his bed like an Ox and so he most honourably gave up the Ghost But because Waltcof his Son was then but an insant his Earldom was given by the King to Tosti son of Earl Godwin whose Earldom after Godwins sudden death was bestowed on Harold and Harolds Earldom given to Algarus Earl of Chester Earldoms in that age being only for life not hereditary In the year 1055. King Edward Habito Londoniae Concilto holding a Parliamentary Councill at London banished Algarus Son of Earl Leofric quia de Proditione Regis in Concilio convictus fuerat because he had been convicted in the Council of Treason against the King as Henry Huntindon Bromtons Chronicle and Hygden record Yet Florentius Wigorniensis Simeon Dunelmensis Hoveden Henry de Knyghton and others write He was banished sine culpa without any crime Whereupon passing over into Ireland he soon after repaired with 18. piratical Ships to Griffin King of Wales requesting him to give him aid against King Edward Who thereupon forthwith assembling a very great Army out of all his Realm commanded Algarus to meet him and his Army with all his forces at a certain place where uniting their forces together they entred into Herefordshire to spoil and depopulate it Against whom timorous Earl Ralph King Edwards Sisters Son raising an Army and meeting them two miles from the City of Hereford commanded the English to fight on horseback contrary to their custom But when they were about to joyn battel the Earl with his French and Normans fled away first of all which the English perceiving followed their Captain in flying whom the Enemies pursuing slew four or five hundred of them and wounded many more and having gained the Victory took the City of Heâ—ford slew some of the Citizens carried away many of them captives annd having burnt and pillaged the City returned enriched with great booties The King being infotmed of it commanded an Army to be presently assembled out of all England which meeting together at Gloucester he made valiant Earl Harold their General who devoutly obeying his commands diligently pursued Griffin and Algarus and boldly entring into the coasts of Wales encamped at Straddle But they knowing him to be a valiant man not daring to fight with him fled into South-wales Upon which Harold leaving the greatest part of his Army there commanded them manfully to resist the Enemies if there were cause and returning with the rest of the multitude to Hereford he enviroued it with a broad and deep trench and fortified it with gates and barrs At last Messengers passing between them and Harold they made a firm Peace between them Whereupon Earl Algarus his Navy returning to Chester there exacted the wages he had promised them but he repairing to the King received his Earldom from him again This same year Herman Bishop of Salisbury requested of the King and almost obtained leave to remove his See
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 Nortkumberlanders met together and elected constituted Morchar Earl Algarus son for their Earl in the place of Tosti who marched with them into Lincolnshire Nottinghamshire and Derbyshire wasted and pillaged those Counties slew many of the Inhabitants and carryed many thousands of them away captive leaving those Counties much impoverished many years after Hereupon Harold was sent against them to revenge those injuries to prevent further mischiefs and to mediate a reconciliation between them and Tosti Upon this the Northumberlanders met Harold first at Northampton and afterwards at Oxford and although they were more in number than he yet being desirous of quietness and peace they excused the fact unto him saying Se homines liberè natos liberè educatos nullius Ducis ferociam pati posse A majoribus didicisse aut Libertatem aut Mortem c. That they being men freely born freely educated could not suffer the cruelty of any Duke That they had learned of their ancestors either to enjoy Liberty or death Therefore if the King would have them his Subjects he must set another Earl over them even Morehar who had had experience how sweetly they knew to obey if they were sweetly handled But all of them unanimously refused any reconciliation at all with Tosti whom they Dutlawed together with all those who had incited him to make an unjust Law and impose an illegal Tribute upon them Harold hearing these things and minding more the Peace of the Country than his brothers profit recalled his Army and the King having heard their answer confirmed Morchar for their Duke Tosti hateful to all men by the assistance of Earl Edwin was expelled out of England by the Northumberlanders and driven with his wife and children into Flanders whence returning about two years after and joyning with the Danes he entred with the Danes into Northumberland miserably harrowed the whole Country slaughtered the inhabitants and at last was there slain with most of his Souldiers by his own brother King Harold Anno 1066. King Edward as Abbot Ingulphus living in that age records Anno 1065. being burdened with old age perceiving Prince Edgar Atheling his Cosen Edwards son lately dead to be unfit for the royal throne tamcorde 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 enm sibi succedere in Regnum Angliae voce stabili sancivit and decreed by a stable vote that he should succeed him in the Realm of 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 Iuder justissimus in causarum judicie a most just Judge in the judging of causes and most religious and most devout in the service of God Hereupon King Edward sent Robert Archbishop of Canterbury to him as his Legate a Latere or special Embassador illumque designatum sui regni Successorem tam debito cognationis quam merito virtutis suae Archipraesulis relatu insinuavit and intimated unto him by the relation of his Archbishop that he had designed him to be the Successor of his Realm as well by the debt of kinred as by the merit of Virtue Moreover Harold the Major of the Kings Court comming into Normandy not only swore that he would conserve the Kingdom of England for Duke William after the Kings death but likewise promised upon Oath that he would take the daughter of Duke William for his wife and upon these promises returned home magnificently rewarded After which he subjoins Edwardi piissimi Regis cujus cognatione et consanguinitate inclytus Rex noster Willelmus fundat conscientiam suam regnum Angliae invadendi caeteris Regibus de Danorum sanguine quasi nullius authoritatis ad allegandum interim intermissis William of Malmsbury who flourished in or near that very age thus seconds him After the death of Edward his son Edgar was Neque promptus manu neque probus ingenio Rex itaque defuncto cognate quia spes prioris erat soluta suffragii Willielmo comiti Normanniae successionem Angliae dedit Erat ille hoc munere dignus praestans animi juvenis qui in supremum fastigium alacri labere excreverat Praetereâ— proxime consanguineus filius Roberti filius Richardi secundi quem fratrem fuisse Emmae matris Edwardi non sâ—mel est quod diximus Ferunt quidam ipsum Haroldum a Rege in hâ—c Normanniam missum alii secretioris consilii conscii invitum venti violentia illuc actum quose tueretur invenisse commentum quod quia propius vero videtur exponam Harold comming to his farm at Boseam going for his recreation into a fisher-boat and putting forth into the Sea in sport was by asudden contrary storm arising driven with his companions into the Village of Ponthieu in France where he was stripped and bound hand and foot by the rude Country people and carried Prisoner to Guido their Earl who detained him in Prison to gain a ransom from him whereupon Harold being of a subtil wit studying how to relieve himself by large promises procured a Messenger to inform Duke William that he was sent by the King into Normandy that what lesser Messengers had but muttered touching his Succession to the Crowâ— of England he might perform by his presence especially that he was detained in bonds by Earl Guido wherby he was hindered to deliver his message notwithstanding his appeal to him which was a great diminution to his honor and if his captivity were to be redeemed with monie he would willingly give it to him and not to Guido Upon which he was by Duke Williams command released brought by Guido into Normandy and there nobly feasted by the Duke where by his valour and policy he gained great reputation with Duke William and that he might more indear himself in his favour he there voluntarily of his own accord confirmed to him the Castle of Dover which belonged to him of right and the Kingdom of England after King Edwards decease whereupon the Duke espoused him to his daughter Adeliza then a child and bestowed her whole ample portion upon Harold and then honourably dismissed him Matthew Westminster Anno 1057. relating this Story of Harolds driving into Ponthieu by storm against his will as hapning in that year and that to ingratiaâ—e himself with Duke William Post mortem
Regis Edwardi ei Regnum Angliae Sacramento firmavit subjoyns thereto Tradunt autem aliter alii quod videlicet Haroldus a Rege Edwardo fuerat ad hoc in Normanniam missus ut Ducem Gulihelmum in Angliam conduceret quem idem Rex Edwardus Haeredem sibi constituere cogitavit Roger de Hoved. Annal. pars prior p. 449. Radulph de Diceto Abbr. Chron. col 480 481. Eadmerus Hist Novorum l. 1. p. 4 5. Sim. Dunel Hist col 195. Jo. 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 sent 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 Anglioi 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 Normanniâ— demoraretur sibi interposita fide sua pollicitum fuisse quod si Rex Angliae foret Jus regni in illum Jure Haereditario transferret subdens ait tu quoque si mihi te in hoc ipso adminiculaturum sposponderis et insuper castellum Dofriâ— cum putâ—â— aquae ad opus meum te facturum sâ—roremque tuam uni de Principibus mâ— is dederis in uxâ—rem te ad me tempâ—râ— quâ— nobis conveniet destinaturum nec non filiam means in conjugem accepturum promiseris tunc et modo nepotem tuum et cum in Angliam venerâ— regnaturus fratrem tuum incolumem recipies in quo regno si tuo favore confirmatus fuero spondeo quod omne quod à me rationabiliter tibi postulaveris obtinebis Hereupon Harold perceiving danger on every side and not knowing how to escape unless he condescended to Williams will in all things he thereupon consented to his requests But he that all things might be ratified bringing forth the reliques of Saints brought Harold to this That he should swear upon them that he would actually perform all things which they had agreed between them These things thus done Harold receiving his Nephew returned into his Country where he related to the King upon his demand what had happened and what hee had done Who said Did I not tell thee I knew William and that many mischiefs might happen to this kingdom in thy journey I foresee in this thy deed that great calamities will come upon our Nation which I beseech God of his infinite mercy to grant that they may not happen in my dayes Mr. Fox relating this story more briefly concludes thus Whereby it may be â—athered That King Edward was right willing that Duke William should reign after him and also in seemeth not unlike but that he had given him his promise thereunto before The same Hoveden Annalium pars posterior p. 608 609 610. reciting the Laws of King Edward confirmed by King William after he got the Crown records these passages intermixed with them That King Edward retained his Cosen Edwards son Edgar with him and nourished him for his Son and because he thought to make him his Heir he named him Adâ—ling which we call a Little Lord. But King Edward so soon as he knew the wickednesse of his Nation and especially the pride of the Sons of Godwin of Harold who after invaded the Kingdom Estigurt Lefwin and others of his Brothers imagining that what he had purposed concerning Edgar could not possibly be stable Adoptavit Willielmum Ducem Normannorum in regnum adopted William Duke of Normandy to succeed him in the Realm William I say the bastard the son of Robert his Uncle a valiant warlike and stout man Who afterwards by Gods assistance by vanquishing the foresaid Harold son of Godwin victoriously obtained the Realm of England To which he subjoyns That Edward wanting issue sent Robert Archbishop of Canterbury to his Cosen William Duke of Normandy de Regno cum constituit Haeredem and made him heir of the Kingdom yea after him he sent Earl Harâ—ld and He invaded the Realm He further Records That when King William would have altered the Laws of England presented to him upon Oath in the 4th year of his reign but in one point Universi compatriotae qui leges edixerant tristes effecti c. tandem eum prosecuti sunt deprecantes quatenus pro anima Regis Edwardi qui ei post diem suum concesserat Coronam et Regnum et cujus erant Leges that he would not alter the Laws herein whereupon he consented to their request Thomas of Walsingham thus registers the fact Edwardus Rex Anglorum prolis successione carens olim miserat Duci Robertum Archiepiscopum Cantuar. statuens illum haeredem Regni a Deo sibi attributi Sed et Haroldum ipse postmodum destinavit qui fuit maximus Comitum regni sui in honore dominatione et divitiis ut ei de Corona sua fidelitatem faceret ac Christiano more Sacramentis confirmaret Qui dum ob hoc negotii venire contenderet velificato freto Porti Pontnium appulit ubi in manus Widonis Abbatis villae S. Abvile Comitis incidit quem idem Comes captum cum suis confestim in custodiam trusit Quod ut Dux comperit missis Legatis violenter illum extorsit quem aliquandiu secum moratâ— facto fidelitate de regno pluribus Sacramentis cum muneribus multis Regi remisit Denique Rex Edwardus completo termino foelicis vitae c. migravit a saeculo Cujus regnum Harâ—ldus continuo invasit ex fidelitate pejuratus quam Duci Iuraverat Ad quem Legatos direxit protinus hortans ut ab hac vesania resipisceret fidem quam Iuramento sposponderat cum digna subjectione servarer Sed ille hoc non solum audire contempsit verum omnem ab illo Anglorum gentem infideliter avertit c. Chronicon Johannis Bromton Col. 945. relates That King Edward purposed to make Edgar whom he had nourished as his Son heir of England Sed ut quidam aiunt Rex gentis suae malitiam et praecipuè superbiam Haroldi filii Godwini et aliorum divina demonstratione praevidens percepit quod propositum suum quoad ipsum Edgarum cognatum suum de regno post
the Sins of the English reigned for some years over them with rigour and were soon cut off by death CHAPTER 6. Comprising the Historical Passages relating to the Parliamentary Councils Lawes Liberties Properties Rights Government of England Anno 1066. under the Short reign of the Usurper King Harold till the Coronation of King William the First falsly surnamed The Conquerour though never claiming the Crown by Conquest but Title KIng Edward deceasing without any issue of his body to succeed him refusing all carnal copulation with his Queen either out of a vowed virginity as most Historians conclude or out of a detestation of Earl Godwins Trayterous race quod Rex Religiosus de genere proditoris haeredes qui sibi succederent corrupto semine Regio noluerit procreari as Ingulphus Matthew Westminster and others record thereby exposed the kingdom for a prey to the ambitious Pretenders aspiring after it Upon which consideration praesentiebant plures in ejus morte desolationem Patriae Plebis exterminium totius Anglia Nobilitatis excidium finem libertatis honoris ruinam as Abbot Ailred informs us The English Prelates and Nobles being then all assembled at Westminster to the solemn consecration of the Abbey were much perplexed and the generality of the people exceedingly grieved at his death For although he were Vir propter morum simplicitatem parum Imperio idoneus yet he was Deo devotus ideoque ab eo directus Denique eo regnante nullus tumultus domesticus qui non cito comprimeretur nullum bellum forinsecus omnia domi forisque quieta omnia tranquilla quod eo magis stupendum quia ita se mansuete ageret ut nec viles homunculos verbo laedere noscet Nam dum quadam vice venatum isset et agrest is quidem stabulata illa quibus in casses cervi urgentur confudisset ille sua nobili percitus ira per Deum inquit et Matrem ejus tantundem tibi nocebo si potero Egregius animus quise regem in talibus non meminisset nec abjectae conditionis homini se posse nocere putaret Erat interea ejus apud domesticos reverentia vehemens apud exteros metus ingens fovebat profecto ejus simplicitatem Deus ut posset timeri qui nesciret irasci No wonder then if his death were much lamented by all his Subjects cum omnes et in Rege cernerent unde gauderent et in se sentirent unde dolerent The English Nobility were much troubled and divided in their minds and affections which were wavering touching the election of a fit person to succeed him Fluctuabant Proceres Regni quem sibi Regem praeficerent et Rectorem Many of them favoured William Duke of Normandy as specially designed by King Edward to succeed him others of them inclined to Prince Edgar Atheling as the next and right heir to the Crown Cui de Iure debebatur Others of them favored Harold Earl Godwins son as being a person then of greatest Power and Valour in the Realm Anglia dubio favore nutabat cui se Rectori committeret incerta an Haraldo an Willielmo an Edgaro Nam illum pro genere proximum regno Proceribus Rex commendaverat Harold being a crafty subtil man knowing that delayes were hurtfull to those who were prepared on the very day of Epiphany whereon King Edward was buried having the command of all the Militia and forces of the Realm as General and Vice-roy to the deceased King by the strength of himself and his kinred and friends invaded and seized upon the royal Crown and then presently set it upon his own head crowning himself King without any Title Right or due Election by the Nobles or Coronation by the Bishops whereby he incurred the hatred both of the English Prelates and Pope and then extorted allegeance from the Nobles as William of Malmsbury Matthew Paris Ingâ—lphus Henry Huntindon Matthew Westminster the Chronicle of Bromton Knyghton Caxton Mr. Fox Speed and some others attest But Marianus Scotus Florent Wigorniensis Roger de Hoveden Sim. Dunelm Radulfus de Diceto Eadmerus Hygden Fabian Grafton with others write in favour of Harold that King Edward before his death made him not only his General but Vice-roy and ordained that he should be King after him Whereupon A totius Angliae Primatibus ad regale culmen electus he was elected to be King by all the Nobles of England and solemnly consecrated and crowned King by Aldred Archbishop of Yorke And so Juxta quod ante mortem Edwardus statuerat in Regnum ei successit Haroldus writes l Eadmerus That King Edward designed him for his Successor in the Crown seems very improbable because Harold himself never alleged nor pretended it in any of his Answers to Duke Williams Embassadors to him who claimed the Crown by his speciall bequest and designation in his life-time and because King Edwards hatred to Godwin and his Posterity seems inconsistent with it William of Malmsbury an impartial disingaged Author living in or near that time gives us this determination of these diffrent relations Recenti adhuc regalis funeris luctu Haroldus ipso Theophaniae die extorta a Principibus fide arripuit Diadema quamvis Angli dicant a Rege concessum quod tamen magis benevolentia quam judicio allegari existimo ut illi haereditatem transfunderet suam cujus semper suspectam habuerat potentiam Quamvis ut non celetur veritas pro persona quam gerebat regnum prudentiae fortitudine gubernaret si legitime suscepiscet Abbot Ingulphus living at that time thus relates his intrusion into the Throne against his Oath In crastino Regii funeris Comes Haroldus contrasuum statum jusjurandum contemptâ—r praestilae fidei ac nequiter oblitus sui Sacramenti Throno Regio se intrusit yet adds per Archiepiscopum Eboracae Aldredum solenniter coronatus Henry Huntindon thus records it Quidem Anglorum Edgar Adeling promovere vâ—lebant in Regem Haroldus vero viribus et genere fretus Regni Diadema invasit The Chronicle of Bromton and Knyghton thus give us the story of it Sancte Edwardo rege et Confessore mortuo quidam Anglorum Magnates Edgarum Adelynge filium Edwardi filii Regis Edmondi Ironside in Regem promovere moliebantur sed quia puer erat et tanto oneri minus idonâ—us et in bursa minus refertus Haroldus Comes viribus et genere fretus Cui erat Mens astutior crumena fecundior et miles copiosior et pompis gloriosior sinistro omine Regnum occupavit et contra Sacramentum quod Willielmo Duci Normanniae praestiterat Regni Diadema sinistro omine illico invasit et sic perjurus sancto Edwardo successit juxta quod idem Edwardus ut quidam aiunt ante mortem suam statuerat promissione quam idem Rex dum juvenis in Normannia extitit dicto Willielmo de succedendo post cum in regnum fecerat
Superbia elatus jam factus de Rege Tyrannus Rex Haroldus in multis patrisans temerarius suit et indiscretus in praesumptione ancipiti nimis suae invictae confidens fortitudini laudis cupidus et Thesauri promissâ—rum immemor arridente prosperitate Unde ipsis Anglis quibus praeerat etiam consanguineis se praebuerat odiosum victoriamque cum illi Dominus exercituum et Deus ultionum concesserat non Deo sed sibi suaeque ascripsit strenuitati Quod recenti experientia fuerat comprobatum cum a Noricis evictis Superbus spoliisque omnium retentis quae aliis promissa debebantur ad Normannorum praelia praecipitanter et inconsultè festinavit Unde Ducis Gulihelmi maguanimi in negotiis bellicis peragendis et circumspecti fidelis in pollicitis in pace socialis jucundi in conviviis dapsilis et sereni omnibus fere tam Anglis quam conterminis maxime tamen Noricis acceptabatur Recipientes eum benevole dicâ—bant Benedictus qui venit in nomine Domini Rex pacificus bellator victoriosus pater protector desolatorum Dominus autem Papa simulque fratres Cardinales universi cum tota Curia Romana Regem Haroldum semper exosum habentes pro eo quod sibimet diadema Regni sine eorum convenientia et ecclesiastica solemnitate consensuque Pralatorum praesumpserat injuriam dissimularunt Et videntes quo fine ausa praesumptio terminaretur cum fortuna adversasunt adversati potentiorique manu atque victrici more cupidorum vel potius arundinis exagitatae ventorum turbine quantocius inclinaverunt Such was the Popes Clergies temper then Duke William being certainly informed that Harold contrary to his Oath and promise to him had without right or Title invaded the Crown and being secretly invited by some of the English Nobles to challenge his own right thereunto by Kings Edwards designation sent Messengers to Harold who mildly reprehending him for his breach of Covenant added by way of menace that he would before the year expired exact his due from him by force of arms in case he refused voluntarily to yield up the kingdom to him But Harold growing secure contemning his threats as never likely to be put in execution both because the Dukes daughter to whom he was espoused was dead and himself involved in wars with his Neighbour Princes returned his Messengers to him with this answer Harold King of England sends you this answer That true it is when he espoused your daughter in Normandy being compelled by necessity He sware that the Realm of England should belong to thee But against this he asserts That a forced Oath is not to be kept For if a vow or oath which a Virgin had knowingly made concerning her body in the house of her Father without her parents consent was revocable and void much more the Oath which he being under the Scepter of the King had made without his knowledge by compulsion ought to be nulled and made voyd as he asserted Moreover he affirmed Nimis praesumptuosum fuisse quod absque generali Consensu Regni Haereditatem vobis juraverat alienandam Addidit etiam Injustum esse petere ut e regno discedat quod tanto Principum favore susceperat gubernandum That it was overmuch presumption in him that without the general consent of the Realm he had sworn the inheritance thereof should be alienated to him That King Edward being then living he could neither give away the Kingdoms succession to him non grant it to any other without his consent et sine popull consensu Senatus Decreto et nesciente omni Anglia de toto Regno necessitate temporis coactus impegerit and without the consent of the people and decree of the SENATE or Parliament he could not promise to him the whole Realm of England without the knowledg of all England being compelld therto only by the necessity of the time Adding moreover that it was unjust to demand that he should depart from that kingdom which he had undertaken to govern with so great favour of the Nobles Eadmerus Radulphus de Diceto and some others record this to be his Answer then returned to Duke William Soror mea quam juxta condictum expetis mortua eâ—â— Quod si corpus ejus quale nunc est vult Comes habere mittam ne judicer Sacramentum violasse quod feci Castellum Dofris et in eo puteum aquae licet nesciam cui ut vobis convenit explevi Regnum quod necdum fuit meum quo Iure potui dare vel promittere Si de filia sua quam debui in uxorem ut asserit ducere agit Super Regnum Angliae mulierem extraneam inconsultis Principivus me nec debere nec sine grandi injuria posse adducere noverit The Norman who till then thought England sure to be his and had devoted his hopes from a Duke to a King stormed to see himself thus frustrated on a sudden and instead of a Crown to have such scorns heaped on his head therefore nothing content with this slight and scornfull answer returnd his Ambassadors again to Harold by whom he laid his claim more at large As that King Edward in the Court of France had faithfully promised the Succession unto him and again ratified the same unto him at his being in England and that not done without consent of the State but confirmed by Stigand it should be Robert ArchArchbishop of Canterbury the Earls Godwin and Siward yea and by Harold himself and that so firmly assured that his Brother and Nephew were delivered for pledges and for that end sent to him into Normandy that he being no way constrained to swear as he pretended he appealed to Harolds own Conscience who besides his voluntary offer to swear the succession of the Crown unto him contracted himself to Adeliza his daughter then but young upon which foundation the Oath was willingly taken But Harold who thought his own head as fit for a Crown as any others meant nothing less than to lay it down upon parly and therefore told Williams Embassadours plainly That however Edward and he had tampered for the Kingdom yet Edward himself coming in by election and not by any Title of Inheritance his promise was of no validity for how could he give that wherein he was not interested nor in the Danes time was likely to be and tell yout Duke that our Kingdom is now brought to a setled estate and with such love and liking of the English as that they will never admit any more a stranger to rule over them That the Duke himself well knew that the Oath he made him was only for fear of death or imprisonment and that an Oath so extorted in time of extremity cannot bind the maker in Conscience to perform it for that were to joyn one sin with another With which and the like Speeches he shifted off the Dukes Embassadours without any Princely entertainment or courteous regard who returned home
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 disbandâ—d Army and Navy marched with all speed towards York against the Danes Norwegeans and his brother Tosti but coming to Hamford Bridge one valiant Dane with his Battle Axe slew 40 of his men and made good the Bridge against the whole Army for a long space till at last some going under the Bridge in a Boat slew him with a spear Both Armies joyning battel after a long and bloudy fight Harfager and Tosti with may other of Note were slain their whole Army routed all their Ships taken with the loss of many of the bravest English Souldiers and 20 of their Ships only permitted to depart into Denmark with their wounded men and Olaus Harfagers Son who to save his life took an Oath never from thenceforth to attempt any hostility or invasion against the English This victory Abbot Ailred aascribes to the merits of Edward the Confessor who promised to be the Captain and Protector of the English Nation against those Enemies who invaded the Realm contrary to right and Law and promised them the victory over them But Harold ascribing it to his own valour instead of rewarding his Souldiers with the spoils of the vanquished enemies as the price of their bloud out of a base unworthy a varice converted all the spoils and booty to his own private use giving no part of them to any other Wherewith many of the Nobles and common Souldiers were so incensed that detesting the covetousness of their Prince they unanimously departed from his service and refused to march with him against the Normans This triumphant victory so puffed up Harold that he thought himself secure in the Throne beyond the fear or reach of any adversity and instead of a King became a TYRANT Whilst Harold with all his Land and Sea forces were thus busied in the North of England Duke VVilliam in August assembled all his Land Army and Navy consisting of 900 ships at the Port of S. Valerie to invade England in the South then wholly destitute of all Guards by Land and Navy by Sea to resist his landing And to satissie his Souldiers and all others of the justice of his undertaking he alleged these three causes thereof which Henry de Knyghton devides into four The first was to revenge the cruel murther of his Cousin Prince Alfred King Edmunds brother and of the Normans who came with him to assist him to recover the Crown of England to which he was right heir whom Godwin and his Sons had shamefully dishonoured treacherously betrayed and barbarously murdered which fact he ascribed principally to Harold The second was because Godwin and his Sons by their cunning had injuriously banished Robert 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 ahate 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 m but the King strictly charged them to forbear plundering and take no booties seeing they ought to spare the things that should be his own nor to wrong any of their persons who should ere long become his Subjects Richard Vestegan records out of a French Historian that Duke VVilliam the same day he landed in England caused divers of his chief Officers and Friends to dine with him and chancing at dinner to talk of an Astrologer who by the conjunction of the Planets had assured him at St. Valerie That Harold should never withstand him but submit himself unto him and yeeld him faith and homage willed now that the said Astrologer should be brought unto him whom he had caused to be imbarqued for that voyage But it was told him that the Ship where in the said Astrologer sailed was cast away at Sea and he drowned in it Whereunto the Duke replyed That man was not wise who had more regard to 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 Souldiets he fired all his ships or as some write drew them all a shore and intrenched them as others erecting only a Castle on the shore for a retiring place for his Souldiers if need were From Pevensy he marched to Hastings where he built another Fort. Henry de Knyghton records that the first night he lodged in England in his
Normannorum annis Clerici literatura tumultuaria contenti vix Sacramentorum verba balbutiâ—bant stupori et miraculo erat caeteris qui grammaticam noscet Monachi subtilibus indumentis et indifferenti genere ciborum regulam ludificabant Optimates gulae venerii dediti Ecclesiam more christiano mane non adibant sed in cubiculo et inter uxorios amplexus matutinorum solemniâ— et Missarum a festinante presbytero auribus tantum libabant Vulgus in medio expositum praeda erat potentioribus ut vel eorum substantiis exhaustis vel etiam corporibus in longinquas terras distractis acervos thesaurorum congererent quamvis magis ingenitum sit illi genti commessationibus quam operibus inhiare Illud erat a natura abhorrens quod multi ancillas suas ex se gravidas ubi libidini satisfecissent aut ad publicum prostibulum aut ad aeternum obsequium vendicabant Potabatur in commune ab omnibus in hoc studio noctes perinde ut dies perpetuantibus parvis abjectis domibus totos sumptus absumebant Francis Normannis absimiles qui amplis superbis aedificiis modicas expensas agunt Sequebantur vitia ebrietatis socia quae virorum animos effaeminant Hinc factum est ut magis temeritate et furore praecipiti quam scientia militari Willielmo congressi uno praelio ipso perfacili servituti se patriamque pessundederint Ad summam tuno erant Angli vestibus ad medium genu expediti crines tonsi barbas rasi armillis aureis brachia onerati picturatis stigmatibus â—utem insigniti in cibis urgentes crapulum in potibus irritantes vomica Et haec quideÌ„ extrema victoribus suis participarunt de caeter is in eorum mores transeuntes Sed haec mala de omnibus generaliter Anglis dicta intelligi nolim Scio clericos multos tunc temporis simplici via semitam sanctitatis trivisse Scio multos Laicos omnis generis conditionis in hae eadem gente Deo placuisse facessat ab hac relatione invidia non cunctos pariter haec involvat calumnia Verum sicut in tranquillitate malos cum bonis fovet plaerumque Dei serenitas ita in captivitate bonâ—s cum malis nonnunquam ejusdem constringit severitas I have insisted more largely upon the Historical part of Harolds usurpation perjury short and troublesom reign tragical death Duke Williams claims to and manner of acquiring the Crown of England for this reason especially To refute the common received Error of some ignorant Historians of many illiterate Statists and Swordmen of this age and of sundry temporizing Ignoramusses of my own robe who publickly averr in their Pamphlets Speeches Charges and Discourses that Duke William claimed and obtained the Crown of England only as a Conqueror and thereupon altered the antient Laws Customs of the Realm and gave New Laws unto it by his own absolute power as a Conqueror thereof Upon which false Ground they inferre That those in late and present Power coming in by the same Title of Conquest may lawfully give new Laws to impose what Taxes Government they please upon the English as well as Scotish and Irish as a meer conquered Nation by their own inherent authority seeing by the Laws of Warr regularly all Rights and Laws of the place and Nation conquered be wholly subject to the Conquerors will And hereby they justifie all their late Impositions Taxes Excises Sequestration Seisures Sales of all the publike revenues of the Nation and many thousand private mens Estates by their Westminster and White-Hall Ordinances Edicts with the changes of our Government new-modellings of our Parliaments and all other irregular proceedings destructive to our Fundamental Rights Laws Liberties Government which they formerly covenanted inviolably to maintain without grant or consent by any free full lawfull English Parliaments Now to demolish all these their superstructures by subverting their false Foundation of D. Williams pretended Title to the Crown of England only by Conquest It is most apparent by the premised Historical Authorities 1. That King William alwayes claimed the Crown of England both before at and after his Coronation as of right belonging to him by the promise gift contract gift and bequest of Edward the Confessor and as his heir and next kinsman by the Mothers side 2. That he alleged this gift and grant of the Crown to him to be made with the consent of the Archbishops of Canterbury Earls Godwin Syward and other Nobles of the Realm ratified by special Messengers sent unto and Hostages delivered him for its performance and by Harolds own solemn agreement and Oath sent to him by King Edward for that purpose as himself at least suggested to him which designation and grant of King Edward to William was no fiction but a truth confessed by all our Historians and Harold himself who by his answers never denyed but only endeavoured to evade it and voluntarily acknowledged by all the Nobles of England both at his Coronation and in Parliament it self in the 4. year of his reign 3. That after King Edwards decease divers of the Nobles would have elected William King in pursuance hereof but that Harold perjuriously usurped the Crown by meer force and power without the least right unto it or any election by the Lords or people setting the Crown on his own head the very day King Edward was interred and thereby prevented Williams election to it 4. That hereupon divers of the Nobles Prelates and other English sent private Messengers to William into Normandy to come and demand his right to the Crown as due unto him promising hostages and their assistance to recover it 5. That thereupon he sent Embassadors twice or thrice to Harold one after another before his landing insisting on his meer right and Title to the Crown to gain it by parly without effusion of bloud 6. That upon Harolds obstinacy he appealed to the Pope and to all his Nobles assembled in a Parliamentary Council for the justice of his Title and Right to the Crown who declared his Title Lawfull and Just and thereupon encouraged assisted him all they could to regain it by force of arms from the Usurper Harold who would not otherwise depart from it 7. That immediately after his landing he made claim unto it only by the foresaid Right Title and thereupon prohibited his Souldiers to plunder the Country or hurt any of the Inhabitants as being his by right 8. That very few of the English Nobility or Nation would march or engage with Harold against William and sundry withdrew themselves from the battel as conscious of Harolds usurpation perjury and Williams just cause against him however other causes were then pretended and amongst the rest his own Brother-in-laws the greatest Peers of the Realm Earl Morcar and Edwin deserted him in the fight 9. That after the first battel won and Harold slain all the Prelates and Clergy generally except Abbot Frederick appeared for
him and would not consent to set up Edgar though right heir 10. That after good deliberation all the Nobles Prelates Londoners and others who first appeared for Edgar with the greatest part of the Clergy people of the English Nation without the least fight or resistance or before any siege or summons from him together with Prince Edgar himself voluntarily went out and submitted themselves sware faith and allegeance to him as their Soveraign at Berkhamsted and after that joyfully received him with highest acclamations as their lawfull King at his entry into London 11. That all the Prelates Clergy and Nobility soon after without any coercion upon his foresaid right and Title freely elected and solemnly crowned him as their lawfull King in a due and accustomed manner and then did Homage and swore new Allegiance afresh unto him as their rightful Soveraign 12. That he took the Ordinary Coronation Oath of all lawfull Kings to mainitan and defend the rights persons of all his people to govern them justly c. as became a good King which a King claiming by meer conquest would never do All these particulars are undeniable Evidences that Duke William never made the least pretence claim or title to the Crown and Realm of England only as an absolute Conqueror of the Nation but meerly by Title as their true and lawfull King by designation adoption and cognation seconded with the Nobles Prelates Clergy and peoples unanimous election And although it be true that this Duke ejected Harold and got actual possession of the Throne and Kingdom from him by the sword as did Aurelius Ambrosius and others before and King Henry the 4. Edward the 4. Henry the 7. with others since his reign yet that neither did nor could make him a King by conquest only no more than these other Princes seeing the end of this warr was not against the whoie English Nation the greatest part where of secretly abbetted his interest but only against the unjust Usurper and Intruder King Harold and his adherents not to create a Title to the Realm by his and their Conquest but to remove a Usurper who invaded it without and against all right and to gain the actual possession thereof by arms from which he was unjustly withheld by force against those pretended lawfull Titles which he made So that he got not the Right Title but only the actual possession of the Crown by his Sword not as a universal Conqueror of the Realm without right or Title but as if he had been immediate heir and lawfull Successour to the Confessor who designed him to succeed him For fuller confirmation whereof I shall here subjoin these ensuing proofs 1. King William himself at his very Coronation in London as Mr Cambden informs us said That the kingdom was by Gods providence appointed and by vertue of a gift from his Lord and Cosen King Edward the glorious granted unto him and that this most bounteous King Edward had by adoption ordained him his heir in the kingdom of England 2ly In his Charter to the Church of Westminster he resolves us much in direct terms where he recites In ore gladii Regnum adeptus sum Anglorum devictâ— Haroldo rege Cum suis complicibus qui mihi Regnum cum providentia Dei destinatum beneficio concessionis Domini Cognati mei gloriosi Edwardi CONCESSUM conati sunt auferre c. So that his Title was from Edward though his possession by the sword 3ly In the very Title of his Laws published in the 4th year of his reign which he was so far from altering that he both by Oath and Act of Parliament ratified confirmed all the Laws and Customs of the Realm used in the Confessors time and before presented by a Grand Enquest unto him out of every County of England upon Oath without any alteration praevarication or diminution he stiles himself or is stiled by the Collector of these Laws HEIR AND COSEN TO Edward the Confessor even in the ancient Manuscript which Sir Henry Spelman hath published Incipiunt Leges S. Edwardi Regis quas in Anglia tenuit quas WILLIELMUS HAERES cognatus suus POSTEA CONFIRMAVIT To which I shall likewise subjoyn the words of the Charter of his Sonn King Henry the 1. Anno 1108. translating the Abbey of Ely into a Bishoprick wherein he gives his Father William the self-same Title Ego Henricus providente divina clementia Rex Anglorum Normannorum Dux Willielmi magni Regis filius QUI EDWARDO REGI HAEREDITARâ—O JURE SUCCESCIT IN REGNUM renouncing all Title by conquest and claiming only as Heir to King Edward by Hereditary right 4ly Earl William himself in none of his Charters Writs Speeches Writings ever stiled himself a Conquerour of England nor laid claim to the Crown and Realm of England by Conquest after his inauguration which Title of Conqueror was afterwards out of the flattery or ignorance of the times given unto him by others Therefore the words which the History of St. Stephens in Caen in Normandy reports he used at his last breath The Regal Diadem which none of my Predecessors ever wore I got and gained by the Grace of God only I ordain no man heir of the Kingdom of England which all our Historians unanimously contradict affirming that he ordained VVilliam Rufus his second son particularly to succeed him in it at his death upon which Title only he enjoyed it but I commend the same to the eternal Creator whose I am in whose hands are all things For I became not possessor of so great honour by any hereditary right but by an humble conflict and with much effusion of blood I took it from the perjured King Harold and after I had either slain or put to flight his favourits and Servants I subdued the kingdom to my self must either be reputed false and fabulous as most esteem them or else have this construction that he gained the actuall possession of it against Harold and his adherents only by the Sword and that he had not an hereditary right thereto as next heir by descent to the Crown but only by adoption from and as heir by donation to King Edward as next of kin by the Mothers side which he made his only Title 5ly Those antient English Historians who first gave him the name of Conquerour did it not in a strict proper sence as if he were a meer universal Conquerour of the Nation disposing of all mens Estates persons and the Laws of the Realm at his pleasure for that he never did but only as one who gained the actual possession thereof from a perjured Usurper and his forces by strength of arms conquering them by open battel in the field but still claiming it by gift contract and designation from King Edward as his Kinsman as an heir who forcibly outs a disseisor and intruder comes in by Title and Inheritance only though he gains the possession by force This is
evident by the forecited words of Mathew Paris and this passage of Henry de Knyghton not extant in Hygden out of whom he seems to tansoribe it Et sic quia Normannus Iure haereditatis tenuit Normanniae Ducatum ideo Dux Regnum vero Angliae mero Conquestu in respect of actual possession et clameo subscripto in respect of Title by claim by gift from King Edward Ideo Rex which claim and Title being backed by the unanimous election of the Prelates Clergy Nobility People and right heir to the Crown himself who all submitted and sware homage fealty and allegiance to him as their lawfull King infallibly demonstrate him to be no Conquerour in respect of Title in a strict legal military sense even in the judgement of those antient and modern Historians who give him that Title but only in regard of Harold and his party and the actual possession which he got by conquest And in this sense alone is that Distick in the Chronicle of Bromton to be understood Dux Normannorum Willielmus vi validorum Rex est Anglorum Bello Conquestor eorum 6ly Our Great Antiquary Richard Vestegan in his Restitutions of decayed Antiquities learned Mr. John Selden in his Review of the Hist of Tithes p. 482 483. Sir John Hayward in the life of King VVilliam the first Mr. Nathaniel Bacon in his first part of his Historical Discourse of the uniformity of the Government of England chap. 44 45 46 55 56. to omit others most fully prove and assert That the entry of William the first into the royal Government of England neither was nor properly could be by Conquest but by Title and by the free election of the Nobles Clergy and People That although the several Titles he Pretended were perhaps if curiously examined not sufficient to give him a true legal Title and Right to the Crown of England à parte ante because not agreed unto and confirmed by the general consent of the Nobles Kingdom and Nation in a Parliamentary Great Council but only by the King and some particular Prelates and 〈◊〉 out of Parliament as Harâ—ld in his answers alleged yet being ratified ex parte post both by the subsequent consent agreement submission election Oath homage and fealty of all the people Nobles Clergy by their legal free crowning of him at first by Edgar Atheling his own submission fealty and resignation of his royal right and Title thereby unto him and ratified by succeeding Parliamentary Councils it became an indubitable Right and Title both in Law and Justice to him and his Posterity against all others who could lay no legaller Title thereunto he continuing confirming all the antient fundamental Laws Liberties Customs and Government of the English Nation without any alteration both by Oaths and Edicts I shal therefore conclude this point with the words of Shard a learned Lawyer in King Edward the third his reign who when the Kings Counsel in a Quo Warranto against the Abbot of Peterborough would have made a Charter of king Edgar void because they alleged all Franchises were devolved to the Crown by the Conquest replyed thereto The Conquerour came not at all to put any who had lawfull possession out of their rights but to dispossess those who by their wrong had soised upon any land in dis-inherison of the King and his Crown And with the words of our judicious Historian Sa. Daniel concerning this king VVilliam Neither did he ever claim any power by conquest but as a regular Prince submitted himself to the orders of the Kingdom desiring to have his Testamentary Title howsoever weak to make good his succession rather than his sword And though the stile of Conqueror by the flattery of the time was after given him he shewed by all the course of his Government he assumed it not introducing none of those Alterations which followed by violence but by a mild gathering upon the disposition of the State and the occasions offered and that by way of reformation And although Sir Hen. VVotton gives this verdist of them VVe do commonly and justly stile him the Conquerour For he made a general conquest of the whâ—le Kingdom and People either by Composition or Armes c. Yet he addes He was Crowned on Christmas day 1066. at which time he would fain have compounded a Civil Title of I know not what Alliance or Adoption or rather Donation from Edward the Confessor As if hereditarie kingdoms did pass like Newyears gifts The truth is he was the heir of his Sword Yet from these pretences howsoever there sprang this good That he was thereby in a sorting aged to cast his Government into a middle or mixed nature as it were between a lawfull successor and an Invader though generally as all new Empires do savour much of their beginning it had more of the Violent than of the Legal If any domineering Souldiers or others upon this false surmise of Duke VVilliams right to the Crown and Realm of England by meer conquest shall henceforth presume to claim and exercise a meer arbitrary absolute tyrannical and despotical power over our English Nation Laws Liberties Parliaments Estates Persons as over a meer conquered Nation against all Commissions Trusts Oaths Engagements Declarations and the rules both of Law and War it self being raised waged commissioned only to defend and preserve us from conquest by the opposite party Let them know that they are far greater worser Enemies to their own Native Country than this Norman Duke or any of our former British Saxon Danish Norman or English Kings who never claimed the Crown by meer conquest in any age but only by some real or pretended Title of Inheritance or at least by a free and general election both of the Nobility Clergy and people as this King William did From the former Historical Passages concerning Harold Tosti Duke William and the Kentishmen I shall deduce these legal Observations 1. That no Tax Subsidie or Imposition whatsoever could in that age be imposed on the English or Norman Subjects by their Kings or Dukes but by their common consent in their Parliamentary Councils where they were denied when inconvenient to the publike as well as granted when convenient 2. That no English or Norman Subjects were then obliged to aid and assist their Soveraigns with their persons arms estates or subsidies granted in any foreign invasive war but only left free to contribute what private assistance they thought fit in such cases 3. That no publike wars in that age were ever undertaken but by common advice and consent in great Parliamentary Councils 4. That the Kings of England in that age however they came to the Crown by right or wrong held it both their bounden duty interest safety to defend and preserve the Laws Rights Liberties of the Church and people to enact and maintain good Laws and abolish all evill Laws Rapines Exactions Tributes and to govern them justly according to
their Coronation Oaths and not arbitrarily or tyrannically according to their pleasures 5. That no Freemen in that age could be justly imprisoned banished or put to death but for some hainous misdemeanors and that by a legal trial and conviction 6. That the Subjects of England then held it their bounden duties in times of forein invasion to defend the Realm their Lives Liberties Properties both by Land and Sea against forein Enemies yet they held themselves dis-obliged and were generally averse to defend the person or Title of any Usurper of the Crown against any forein Prince or other Person who had a better right and title to it 7. That our English Ancestors in that age esteemed their hereditary Liberties good antient Laws and Customs more dear and pretious to them than their very lives and would rather die fighting for their Laws and Liberties like freemen than live under slavery or bondage to any Soveraign whatsoever 8. That the Kings of England in that age could neither give away nor legally dispose of their Crowns Kingdoms or Crown Lands to others without the privity and free consent of their Nobles and Kingdom in general Parliamentary Council as is evident by Harolds answers to VVilliams Embassadours the recited passage of Matthew Paris upon that occasion and this of Samuel Daniel p. 34. So much was done either by King Edward or Harold though neither act if any such were was of power to prejudice the State or alter the course of right succession as gave the Duke a colour to claim the Crown by a donation made by Testament which being against the Law and Custom of the Kingdom could be of no validity at all For the 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 said 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 after by our Kings 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 issue or declared right heir 4. That right heirs to Crowns who are of tender years weak judgement or impotent in Friends and Purse are easily and frequently put by their rights by bold active and powerfull Intruders as Edgar Atheling was both by Haroid 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 2ly 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 but 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 donative 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 was 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
the Kentish men 27. That true heroick English Freemen preferr their old Native Liberties Laws Customs before their Lives and would rather die fighting for them in the field than depart with them upon any Terms to a victorious Soveraign or subject themselves to the least publike Servitude the name whereof hath been ever odious to them much more the thing it self 28. That the best means to preserve our publike Laws Liberties Customs against all Invaders of them is manfully resolutely and unanimously to stand up in their defence both by words and deeds when they are most indangered That such persons Counties places who have appeared most stout and resolute in their defence when others have generally deserted surrendered or betrayed them have thereby preserved secured perpetuated them to themselves and their posterities when all else have lost and been deprived of them yea gained immortal honour and precedency of all others to boot Witnesse the Kentish-men 29. That the Stoutest Maintainers of their Countries Laws and Liberties are commonly most odious to most injured oppressed by tyrannical Soveraigns though upon other pretences witnesse Archbishop Stigand Abbot Frederick and Egelsine Yet this must not deterr them from their duties 30. That no age or person ever yet reputed Conquest a just safe prudent Title or Pretext to the Crown of England but ever disclaimed it as most absurd and dangerous to their interests 31. That the murdering or disinheriting of the right heir to the Crown hath been the Principal occasion and ground-work of all the great sad revolutions of Government in this Island and of the translations of the Crown and Kingdom from the Britons to the Saxons from the Saxons to the Danes and since from both of them to the Normans by the murther of Prince Alfred and rejection of Prince Edgar 32. That when Treachery Perjury Oppression Murder Violence and other sins forementioned have generally overspread the Kingdom and infected all sorts and degrees of men then National Judgments Forein invasions publike Revolutions of Governours and Government yea all sorts of Calamities Warrs Troubles may be justly feared expected inflicted as the fruits punishments of these epidemical crying Transgressions 33. That Crowns and Kingdoms have their Periods and Revolutions as well as private possessions Families and that by the secret Justice and wise disposing Providence of God who disposeth translateth dissipateth dissolveth Kingdoms at his pleasure and giveth them to whomsoever he pleaseth 34. From the whole we may observe with the Chronicle of Bromton and Mr. Fox That as the English-Saxons had most unjustly against their Oathes and Trusts formerly subdued and expelled the Britons by the just judgement of God upon them for their sins out of the possession of the Throne and Kingdom of Britain by the power of the sword so God himself by divine retaliation for the like Sinnes of the English-Saxons after many years bloudy intestine warrs between themselves wherein many of their Kings multitudes of their Nobles and Millions of the Common Souldiers and people were slain and lost their lives first plagued infested them for many years and at last totally subdued and dispossessed them of the Crown and Kingdom for some years space by the bloudy Danes after that subjected them to the Normans yoke who possessed themselves of the Crown and Realm of England instrumentally by the Sword and put by both the Saxon Invader Harold and his Posterity with Edgar the Saxon heir in such sort as here you have read The Lord sanctifie all these Collections and Observations to the greatest publike good and settlement of our unsetled distracted English Nation and the private benefit of all who shall peruse them that they may aim only at that kingdom which cannot be shaken and that Crown of glory which fadeth not away not at temporal Crowns and kingdoms which are so fading transitory full of Thorns Crosses Cares Fears Vexations Tortures Perils Deaths FINIS Omissions and Errataes Kinde Reader I present thee with some Historical Passages casually omitted in their due places and such Errors as have hapned at the Press which I desire thee to correct PAge 10. line 8. One Thunder maliciously accused Aethelbert and Aethelred two kinsmen of Egbert King of Kent educated and brought up in his Court that they intended some time or other to take away his kingdom from him and thereupon advised the King either to banish them both into some farr Country or to deliver them unto him to destroy and murder without any legal Trial or conviction of their guilt Which Thunder often instigating the King to doe and he but coldly prohibiting or disliking thereupon Thunder in the Kings absence rashly presumed ignominiously to murder them in the Kings Palace and then buried them under his Royal Chair in a Village called Estria The King returning to his Court in the dead of the night there appeared a bright pillar sent from heaven which filled his whole royal Palace with an unspeakable brightnesse which the Kings servants beholding were so terrified that they fell down to the ground and became almost distracted The King being awaked with the tumult of his Guard and being ignorant of the cause thereof arose that he might go and hear Mattens as he was accustomed And going out of his house he saw the City shining with the beams of the new splendor Upon which missing his Kinsmen he sent for Thunder and demanded of him where they were who answered him like Cain Am I thy Kinsmens keeper To which the King replied Thou hast always sinisterly accused them unto me and therefore most wicked wretch thou oughtest to shew me where they are Whereupon he informed him of their murder and burial whereat the King was very angry with him But returning at last to himself he refunded the Crime whole wickednesse on himself and being confounded beyond measure spent the residue of the night in tears When the day appeared he sent for the Archbishop Adeo-datus et Magnates quos habere potuit convocari praecepit and causing the Nobles to be called together related the whole businesse to them The Archbishop gave counsel that the bodies of these Innocents should be removed to the Cathedral Church and there interred in a royal manner Thereupon putting their bodies with Saints reliques into Coffins and Carts they intended to carry them to Christs Church in Canterbury but in vain because they could not stirre their corps nor remove them out of the place although they attempted it with much endeavour and force Vpon this changing their counsel they intended to remove them to St. Augustines Church neither yet could they effect it At last they resolved they should be removed to the most famous Monastery of Waermen upon which the Carts presently removed with ease as if they had no burden and they were buried by the High Altar in this Monastery Kinewalchus King of the West-Saxons deceasing Anno 672. Regni arbitrium Uxori Sexburgae
Spelman in his Glossary Title Danegold affirms 5. That King Edwards Officers after the Danish Kings expired reignes did collect it of the English Subjects without his privitie to cloath and pay his Souldiers and followers 6. That he out of mercy piety conscience and justice to his people not only restored it to them when collected and brought into his Exchequer without retaining one farthing of it but likewife for ever released it to them so that it was no more collected during his reign 7. That Taxes unjustly leavied upon the poor oppressed people are very pleasing and acceptable to the devill himself who claimes the money so collected for his own and that the Collectors and exacters of such Taxes though for the payment of Armies and Souldiers are really but the devils agents and instruments who will one day pay them their deserved wages 8. That heavy oppressions and taxes though for pretended publike necessities continued for many years together ought not onely to be eternally remitted but restored when collected by all conscientious pious righteous mercifull Saintlike Kings and Governours 9. That illegall heavy Taxes imposed by or for invading Usurpers if once submitted to and not strongly opposed by the generality of the people wil soon be claymed leavied as a customary early legall revennue both by the imposors and their successors and hardly be laid down and discontinued again for the peoples ease 10. That this tax of Danegeld amounting but to thirty eight or fourty thousand pounds in one whole year was in truth an heavy and intolerable burden and grievous oppression to the whole Nation fit to be abolished and released especially in times of dearth and scarcity Therefore certainly our late illegal taxes without authority of a free and legall Parliament amounting to 120. 90. or 60. 1000 li. monthly when lowest besids Excises Customes Imposts amounting to twice as much more must certainly be far more grievous intollerable to the Nation and so not onely to be remitted abandoned excluded but accounted for and restored to our exhausted oppressed Nation by all those Governours who pretend themselves saints of the highest forme and men ruling in the fear of God against whom this St. Edward the Confessor will rise up in judgement if they imitate not his just and Saintlike president therein All which considerations I recommend to their own and their Collecters Excisers sadest considerations to meditate seriously upon for the peoples ease William of Malmsburies records of this King Edward that he was in exactionibus vectigalium parcus quippe qui exactores execraretur Till we may be able really to record the like of our new Governours and Princes over us we shall never be either a free a peaceable or happy people nor they worthy of the name of Saints or Confessors in any English Annals or Kalenders He addes That King Edward with the touch of his hand did miraculously cure sundry persons of the luxuriant humours and swellings about the neck commonly called the Kings Evill whâ—ch cure in after ages some falsly ascribed non ex sanctitate sed ex regalis prosapiae haereditate fluxisse not to have issued from his sanctitie but from his hereditary royall bloud If his sanctity in releasing and restoring the formentioned insupportable Tributes of Danegeld shall now cure the hereditary Kings and our new Republiques long continued evill and malady of intolerable Tributes Contributions and Excises in this Age we shall register it to posterity for as great a miracle as his first care of the evill Kings only by his touching of it with his royall sacred hand King Edward about the year 1047. calling out of Normandy certain Normans qui olim pauoislis beneficiis inopiam Exulis suppleverant who had there releived and supplied his want during his exile to reward them for their benefits advanced them to places of extraordinary honour and trust about him amongst others he promoted Robert Gemeticensis a monk to the Bishoprick of London then to the Archbishoprick of Canterbury William to be his Chaplain first and afterwards Bishop of London and another to the Bishoprick of Dorchester which Jugulphus thus expresseth Rex autem Edwardus natus in Anglia sed Nutritus in Normania diutissime immoratus penè in Gallicum transierat adducens attrahens de NormaÌ„nia plurimos quos variis dignitatibus promotos in immensum exaltabat Proecipuus inter eos erat Robertus Monachus c. Coepit ergò totâ terrâ sub rege sub aliis Normannis introductis Anglicos ritus diminui FrancoruÌ„ mores in mult is imitari Gallicum idioma omnes Magnates in suis curiis tanquam magnam gentilitium loquiz Chartas Chyrographa sua more Francium confici propriam consuetudinem in his in aliis multis erubescere Thereupon Earle Godwin and his Sons being men of high spirits auctores tutores regni Edvardi were very angry and discontented quod novos homines advenas sibi preferri viderent because they saw these new upstarts and strangers preferred before them yet they never uttered a high word against the King whom they had once advanced Upon this occasion Anno 1051. there arose great discords between the English and these Normans quod Angli aspernantèr ferant superiorem Normani nequeant pati parem Henry Huntingdon records That these Normnans accused Godwin and Swaine and Harold his Sonnes to the King that they went about to betray him wherupon the King calling them into question for it they refused to appear without hostages for their safety upon which the King banished them But William of Malmsbury Roger de Hoveden Matthew Westminster Florentius Wigorniensis Simeon Dunelmensis Bromton Hygden Henry de Knighton Fabram Graston Holmshed Speed and the General Stream of our Historians relating the businesse more fully make this the originall cause of the difference between them and of the Exile of Godwin and his Sons Eustace Earle of Boloyn who had wedded King Edwards Sister ariving at Dover in the moneth of September 1051. one of his Knights seeking lodging unjustly slew one of the Townsmen whereupon the Townsmen slew him The Earle and his followers being enraged thereat slew divers men and women of the Town and trode their children under their own horses feet The Burgesses upon this assembling togetherto resist them after a feâ—rce Encounter put the Earle and his followers to flight slew eighteen or twenty of them in the pursute and wounded many more so that the Earle escaped only with one of his followers to the King then at Glocester where he grievously incensed the King against the Englishmen by reason of this tumult which he and his followers occasioned Whereupon Earle Godwin being much incensed at the slaughter of his men in the Burrowgh of Dover he and his sons assembled a great Armie out of all the Towns and Countries subject to them The King sending for Godwin to the Court charged him with 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 q 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 innnmerable 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 were not come together yet he resolved forthwith to march into Sussex against the Enemy and fight them with those small forces tired he then had being most of them Mercenaries and Stipendiaries except those English Noblemen Gentlemen and Freemen who enflamed with the love and liberty of their Native Country voluntarily engaged themselves with him in the defence thereof against the common dangerous invading Enemy rather than to support his usurped Diadem and Royalty over them of which number there were very few f Immo vero panoi et manu promptissimi fuere qui charitati corporum renunciantes Propatria animas posuerunt Nampraeter Sâ—ipendiarios et Mercinarioâ— milites paucos admodum ex comprovincialibus habuit Praecipitabant eum nimium fata ut nec auxilia convocari vellet nec si vellet multos parituros invenerat Ita omnes ei erant infensi quod solus manubiis Borealibus incubuerat Unde cum suis quos ductabat astutia Gulielmi â—ircumventus fusus est levi videlicet belli negotiâ— sed occulto et stupendo Dei consilio quod nunquam posteà Angli Communi praelio in libertatem spiraverint quasi cum Haraldo omne robur deciderit Angliae quae certe Potuit et debuit etiam per inertissimos solvere paenas perfidiae Yet Thomas of Walsingham and some others write that Harold had gathered together an innumerable company of Englishmen against Duke William and the multitudes of the Nobility Gentry and Commons of England slain in the Battel besides those who fled from it and could not come to fight manifest his Army not to be so small as these Authors would make it only to augment the Englishmens valour and ecclipse the Normans as overcomming them more by stratagem and multitude than true fortitude Whiles Harold was in his march towards William within 9 miles of his Fort in Sussex he sent out Scouts before him to discover the forces and numbers of the Enemy who being intercepted and brought to William he caused them to be led about his tents that they might well view his Army and then being bountisully feasted he commanded them to be sent back to their Master without any harm Who returning to Harold commending the Dukes magnificence martial prowess and clemency seriously affirmed that all his Souldiers seemed to be Priests because their faces and both their lips were shaven which kind of shaving none of the English then used but their Priests only Upon which Harold smiling at the Scouts simplicity replied They were not effeminate Priests but Souldiers of great and valourous minds invincible in arms Whereupon Girth Harolds younger Brother a man of great knowledge and valour beyond his years taking the Speech out of his mouth said Seeing you commend the valour of the Normans to be so great I hold it unadvised rashnesse for you to fight with them to whom you may be reputed inferiour both in merit and valour Neither are you able to gainsay but that you took an Oath to William to reserve the Crown to his use voluntarily or unvoluntarily Wherefore you shall doe more advisedly to withdraw your self out of the field in this instant necessity ne si perjurus decertans vel fugam vel mortem incurras lest fighting perjured you incurre either flight or death and the whole Army perish for your sin of Perjury seeing there is no fighting against God Therefore expect the issue of the battel without danger For we are altogether free from any Oath justum suscipimus bellum pro Patria pugnaturi and have undertaken a just warr to fight for our Country If we fight alone without thee thy cause shall prosper better and thou shalt be more safe whatever befallius For if we fly thou maist be able to succour and restore us and if we be slain thou maist revenge us But such was Harolds unbridled rashness that he would not give a pleasing ear to this admonition esteeming it inglorious and a great dishonour to his former life and valour to turn his back to any Enemy or danger Whiles these discourses passed between them in comes a Monk sent by Duke William claiming the kingdom as his Because King Edward had granted it to him by advice of Archbishop Stigand and of the Earls Godwin and Siward and had sent the Son and Nephew of Godwin hostages thereof into Normandy But to avoid effusion of Christian bloud the Monk brought him these three profers Either to depart with the Realm to William according to his Oath and agreement Or to hold the Kingdom from and reign under him Or finally to determine the controversie between them two by a single Ducâ— in the view of both their 〈◊〉 But Harold out of a strange impâ—udence impudence pride of heart as one whom the heavens would depresse accepting neither domestick counsel nor the Normans offer would neither vouchsafe to look upon the Messenger with a good countenance nor discourse with him in milde terms but sending him away with indignation prayed only thus That God would judge between him and his Master William To whom the Monk boldly replying required that if he would deny the right of William he should either reserr it to the Judgement of the Sâ—e Apâ—stolick or else to battel if he had rather by which he asserted that William was ready to trie his Title But Harold answering nothing to those his Proposals but what he had done before went within little of laying violent hands upon the Embassador commanding William with violent terms and menaces to depart his kingdom