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 Nobles out of Parliament as Harold in his answers alleged yet being ratified ex parte post both by the subsâ—quent consent agreement submission election Oath homage and fealty of all the people Nobles Clergy by their legal free crowning of him aâ— first by Edgar Atheling his own submission fealty and resignation of his royal right and Title thereby unâ—o him and ratified by succeeding Parliamentary Councils it became an inâ—uhitable Right and Title both in Law and Iustice 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 allegedâ— all Franchises were devolved to the Crown by the Conquest replyed thereâ—o The Conquerour came not at all to â—ut any who had lawfull possession out of their rights but to dispossess those who by their wrong had seised upon any land in dis-inherison of the King and his Crown And with the words of our judicious Hiâ—â—orian Sa. Daniel concerning this king VVilliam Neither did he â—ver 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 verdict of them VVe do commonly and justly stile him the Conquerour For he made a general conquest of tâ—e â—â—ole 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 â— 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 raiâ—ed 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 consentâ— 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
in the world who publickly imbraced professed countenanced propagated the faith and Gospel of Iesus Christ and abolished Pagan Idolatry in their Dominions And of later times as our English Realm brought forth King Henry the 8th the first Christian King in the world who by Acts of Parliament abolished the Popes usurped power and jurisdiction out of his Dominions King Edward the sixth his son the first Christian King and Queen Elizabeth the first Christian Queen we read of in the world who totally abolished suppressed Popery banished it their kingdoms and established the publike Profession of the Protestant Religion by publike Statutes made in their Parliaments So during the reigns of our Saxon Kings after they turned Christians this Realm of England procreated more devout holy pious just and righteous Kings eminent for their piety justice excellent Ecclesiastical and Civil Laws transcendent bounty to the Church Clergy and Martyrdom for the defence of Religion and their Country against Pagan Invaders than any one Kingdom throughout the World There being no less then 15 or 16 of our Saxon Kings and 13 Queens within 200 years space who out of piety devotion and contempt of the world according to the piety of that age out of date in this voluntarily renounced their earthly Crowns and Kingdomâ— and became professed Monks Nuns to obtain an incorruptible Crown and Kingdom in Heaven 12 Kings crowned with Martyrdom being slain by Pagan invaders 10 of them being canonized for transcendent Saints and enrolled for such in all Martyrologies Liturgies of the Church which I doubt few of our new Republican Saints will be Yea the piety of our Kings in that age was generally so surpassing Ut mirum tunc fuerat Regem non Sanctum videre as John Capgrave informs us Whence Wernerus a forein Chronologer in his Fasciculus temporum records Plures se invenisse sanctos Reges in Anglia quam in alia mundi Provincia quanâ—umcunque populosa And Abbot Ailred long before him gives this memorable testimony of the Sanctity Martyrdom Iustice and study of the peoples publike we al before the private shining forth in our Saxon Kings more than in any other kings throughout the world Verum prae cunctis civitatibus Regnisve terrarum de sanctitate Regum suorum Anglia gloriatur quorum alii coronati martyrio de terreno ad caeleste Regnum migraverunt alii exilium patriae praeferentes mori pro Christo peregre deligerunt nonnulli posito diademate disciplicinis se monasticis subdederunt quidam in justitia et sanctitate regnantes prodesse subditis quam praeesse maluerunt whose footsteps with the pretending self-denying antimonarchical domineâ—ring Saints over us would now imitate inter quos istud Sydus eximium gloriosus Rex Edwardus emicuit quem cernimus in divitiis egenum in deliciis sobrium in purpura humilem sub corona aurea seculi contemptorem So as the Prophesies of Psal. 72 2 6. Isay. 42 4 10 12. c. 49.1 23. c. 51 5. c. 60 9 10 11. c. 66.19 seem to be principally intended and verified of our Kings Isle above alâ—others in the world No wonder then that these ages of theirs afford us notwithstanding all the wars tumults combustions therein sundry memorable Presidents of great Parliamentary Councils Synods Civil and Ecclesiastical excelleut Laws aud Canons made in royal Charters confirmed by them with divers memorable Mouuments both of our Parliamentary Councils Kings Princes Nobles Peoples constant care diligence prudence fortitude in defending preserving vindicating and perpetuating to posterity the good old Laws Liberties Franchises Rights Customs Government publike justice and Propriety of the Nation to suppress abolish all ill Law tyrannical unjust Proceedings Oppressions Exactions Imposts Grievances Taxes repugnant thereunto to advance Religion Piety Learning the free course of Iustice and the peoples welfare Which I have here in a Chronological method for the most part faithfully collected out of our antientest best Historians and Antiquaries of all sorts where they ly confused scattered and many of them being almost quite buried in oblivion and so far forgotten that they were never so much as once remembred or inâ—isted on either in our late Parliaments aud Great Courts of Iustice in any late publike Arguments or Debates touching the violation or preservation of the fundamental Laws Liberties Properties Rights Franchises of the Nation now almost quite forgotten and trampled under foot after all our late contests for their defence I have throughout these Collections strictly confined my self to the very words and expressions of those Historians I cite coupling their relations together where they accord in one citing them severally where they vary and could not aptly be conjoyned transcribing their most pertinent passages in the language they penned them omitted by our vulgar English Chronologers and annexing some brief observations to them for Explanation or Information where there is occasion The whole undertaking I here humbly submit to the favourable acceptation and censure of every judicious Reader who if upon his perusal thereof shall esteem it worthy of such an Encomium as William Thorne a Monk of Canterbury hath by way of Prologue praefixed to his own Chronicle Valens labor laude dignus per quem ignota noscuntur occulta ad noticiam patescunt praeterita in lucem praesentia in experientiam futura temporibus non omittantur quia labilis est humana memoria necesse constat scriptis inseri memoranda ne humanae fragilitatis contingens oblivio fieret posteris inopinata confusio It will somewhat incourage me to proceed from these remote obscure times to ages next ensuing in the like or some other Chronological method But if any out of disaffection to the work or diversity from me in opinion shall deem these Collections useless or superfluous I hope they will give me leave to make the selfsame Apology for my self and them as our most judidious Historian William of Malmesbury long since made for himself and his Historical collections Et quidem erunt multi fortassis in diversis Regionibus Anglâ—ae qui quaedam aliter ac ego dixi se dicant audisse vel legisse Veruntamen si recto aguntur judicio non ideo me censorio expungent stilo Ego enim veram Legem secutus Historiae nihil unquam posui nisi quod à sidelibus relatoribus vel scriptoribus addidici Porro quoquo modo haec se habeant privatim ipse mihi sub ope Christi gratulor quod continuam Anglorum Historiam ordinaveram vel solus vel primus at least wise in this kind Si quis igitur post me scribendi de talibus munus attentaverit mihi debeat collectionis gratiam sibi habeat electionis materiam Quod superest munus meum dignanter suscipite ut gaudeam grato â—ognitoris arbitrio qui non erravi eligendi judicio Thus craving the Benefit of thy Prayers for Gods Blesâ—sing on these my
and other Officers nor burâ—hened with unjust Exactions or Contributions Yea by his large Aâ—mes and Giâ—â—s he â—ent to Rome â— 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 Quicunque 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 thâ— Reader may peruse them wherein 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 any writing 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 â—gain 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 praeâ—â—arent it a hostes contempâ—ni militibus Regi risui erant as Malmesbury writes The Country people themselves sighting with the Danes at Ligetune put them to flight recovered all the prey they had takenâ— 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 Matâ— 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 Patâ—on 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 as Matthew Westminster and others sâ—ile 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 Aedulâ—e for Wells Werstan for Crideton and Herstan for Cornwal assigning them their several Sees and Diocess and two other â—ishops â—or Dorchester and Cirencester all consecrated by Archbishop Plegmond at Câ—nterbury 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-England at Intingford when as some think he and
kings of Wales Dufnâ—ll Siferth Howel Iames and Iuchill met him as he had commanded â—hem and swoâ—e 〈…〉 him in â—heâ—e words That they would be faithfull aud assisting to him both by Land and Sea Wâ—ich done he on a certain day enâ—red wiâ—h 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 Dee from his Palace to the Monastery of St. Iohn Bapist on the other side all his Dukes and Nobles folâ—owing 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 enâ—red he said to his Nobles Thaâ— any of his Successors might then say he was King of England when wiâ—h so many Kings following and subject to him he should enjoy the Prerogative of the like pompe and power Buâ— Mr. Fox subjoyns In my mind this king had said much bâ—tter God â—orbid that I should glory in any tâ—ing but in the Cross of our Lord Iâ—sus 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 Regni sui jussit praedari Insulam Tenet Quia jure Regalia spreverant non ut hostis insaniâ—ns sâ—â— ut Rex malo mala puntens The same year as Maâ—mesbuâ—y Inguâ—pâ—us 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 monasâ—ery which the secular Priests formerly enjoyed and had leased oâ— â— that upon a fulâ— hearing before the Wise-men Bishops others in his presence most likely in a Parâ—iamentary Counciâ— as â—his câ—auâ—e in his Charter intimates Haec a praedictis accommodata Clâ—ricis a conâ—ensioso possessa est Edâ—â—â—noâ—â— sâ—d superstitiosa subâ—il que ejus disceptâ—tione a Sapientibâ—s meis audita â—t conflictatione illius mendosa ab eisdem me praesente convicta Monasteriali a me reddita 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 Counciâ— and this Charter therein made and ratified with the subscriptions of the Kings Arch-bishops Bishops Abbots and Dukes thereto annexed according â—o the custome of that age Although King Edgar in his younger daies was subject to many Vices and committed some injurious Tyâ—â—â—â—icâ—â— Aâ—â—s 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 poliâ—ique Government worâ—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 maintainâ—d and the just and modest he loved the learned and viâ—tuous he encouraged He would suffer no man of whâ—t deâ—ree or qualiâ—y 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 â—udgement 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 Obliâ—â—tion of one Law Governing them all with such Iustice Equity Integrity and Peace that he wâ—s stileâ— Rex 〈◊〉 Edgarus Pacificus tâ—e pâ—aceable King Edgar In his days not â—orments not Gibbeâ—s not Exâ—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 Religion All which made him so honoured and beloved by his Subjects at home so far dâ—eaded 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 daysâ— 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 ravenous Beasts greedy of blood to be destroyed throughout his Dominions And such an Enemy was he to Drunkenness the Mother of Vices Murders Quarrels Thefts wherewith the Danes had much infected the English that to prevent and redress it he caused Pins to be set in every Cup prohibiting by severe Laws and Penalties that none should force others to drink nor yet dâ—ink below â—hose Pins in that moderate proportion which he prescribed them Among other his Politick deeds for the peace and safeguard of his Realm against pillaging Pirates and Forein Invaders he had always in readiness 3600 as most or 4800 strong ships of War as others record to secure the Seas in the Summer season which he divided into three Squadrons or Fleets whereof he placed 1200 in the East Seas to guard them 1200 in the South Seas 1200 in the West Seas and 1200 in the North Seas as some write to prevent Piracies and repulse the invasion of Forein Enemies These Ships immediatly after Easter met together every year at their several places of Rendezvous wherewith the King sailed round about the Island and Sea-coasts with a great force to the terror of Foreiners and exercising of his own subjects sayling with the Eastern Navy to the Western parts of the Iland and then sending them back with the Western Fleet to tâ—e Northern Coasts and then sayling with the Northern Fleet to the South pius scilicet explorator ne quid Piratae turbarent After his return from the Sea in the Winter and Spring he used to ride in Progress
of their Native Country King Laws Liberties Properties Estates Lives against forein Invaders and â—â—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 Eâ—glish Historians Immediately after King Ethelreds decease Episcopi Abbates Duces et quique Nobiliores Angliae in unum congregati as Wâ—gornienâ—â—s Hoveden Sâ—meon Dunelmeâ—â—is Radulphus de Diceto Bromton â— Or Maxima pars Regni tam Clericorum quam Laicorum in unum congregati as Matthew VVestminster â— Or Proceres Regni cum Clero as Knâ—â—hton expresses iâ— 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 Counciâ—◠〈◊〉 unanimous consent elected Cnute for their Lord aâ—â— King notwithstanding their solemn Vow and Engagement but the year before never to suffer a Danish King to reign over them Whereupon â—heâ— all repaired to Cnute to Southampton omnemque Progeniem Regis Ethelredi coram illo abhorrentes et abnegando repudiantes aâ— 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 themâ— both in things appertaining to God and the World which our Historians thus express Quibus ille juravit quod secundum Deum secundum seculum fidelis illis foret Dominus Only the City of London anâ— 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 oâ—hers relate though Matthew Westminstâ—r and others register his birâ—h 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 Kiugs 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 receiâ—ed by all the People with great gratulation and joy he moâ—t speedily subjâ—cted 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 â—he People unconstancy of worldly power and affairs Cnute in â—he 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 Citizenâ— 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 blâ—udy 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 informâ—d them That they now fought for their Country for their Children for their Wives for their Houses and Liberties inâ—laming the minds of his Souldiers with his excellent Speeches in this battel with the Enemy he exercised the Oâ—fices of a valiant Soldier and good General charging very couragiously But because that most perâ—idious Duke Edric Almar and Algar and others of the great men who ought to have assisted him with the Inhabitants of Southampton VViltshire and innumeâ—able other English joyned with the Danes the battel continued all day from morning to night with equal fortune till both sides being tiâ—ed 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 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 O ye Dorsetshire men Devonshire men and othâ—r English flee and get away for your head is lost beâ—old 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 beâ—ore 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 againâ— whereupon Edmond marching to London with a select company of Souldiers chased Cnute and his Army to their ships removed the
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 diuâ—turna 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 Lâ—GES BONAS IN ANGLIA STATUIT quae pro majore paâ—te adhuc in regno tenerentur Whereupon about the year 1043. as the Chronâ—cle of Brompton William Caxton in his Chronicle and Mr. Selden inform us Earl Godwin a fugitive 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 Englanâ— 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 â— THEE APPEAL FOR THE DEATH OF ALFRED MY BROTHER WHOM THOU HAST TRAITâ—ROUSLY SLAIN To whom Godwin excusing himself answered My Lord and King saving your Revereâ—câ— and Grace Peace Lordship I never betrayed nor yeâ— slew your Brother unde super hoc pono me IN CONSIDERATIONE CURIAE VESTRAE whence I put my sâ—lf upon the consideration and judgement of your Courâ— 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 iâ—ta appellatione RECTUM JUDICIUM DECERNATIS ET DEBITAM JUSTITIAM FACIATIS I will that between us in this appeale you award right Iudgement and do due Iusticâ— COMITIBUS VERO ET BARONIBUS SUPER HOC AD INVICEM TRACTANTIBUS Hereupon the Earls and Barons debating upon this businesse among themselves some among thâ—m were different in their opinions from others in doing just judgemâ—nt 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 REGEM IN APPELLATIONE SUA DE LEGE POTâ—ST 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 thâ— Kings Brother was slain wherefore I award as touching my parâ— that himself and his son and every of us DUODECIM COMITES the twelve Earls who are his friends and kinsmen shâ—uld 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 deprâ—cating that he woulâ— pardon all his rancour and ill-will to the Earle and receiving his homage and fealâ—y he would restore and redeliver his lands intirely to himâ— Vnto which award THEY ALL ACCORDING they all laded themselves with treasure in the manner aforesaid and gâ—ing to the King declared unto him the order and mannâ—r of their JUDGEMENT or AVVARD QUORUM CONSIDERATIONI REX CONTRADICERE NOLENS QUICQUID JUDICAVERANT PER OMNIA RATIâ—ICAVIT The King not willing to contradict them in any thing thâ—y had judged ratified the same in all things An agreement therefore being made between thâ—m in this manner the Earl presently regained all his lands The generality of our Historians as Bromâ—on confesseth deny that Godwin ever fled into Dâ—nmark or left England for the murder of Alfred they generally affâ—rming 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 Malmesbuâ—y 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 1043â— 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 reâ—ted properly in the Earls and Barons not the King and that their judgement was not repealable by but obligatory to the
Danicos solidarios imposuerat as Brompton renders it in another place Roger de Hunedon Annalium pars 1. p. 441. Rodolphus de Diceto Abbreviatione Chronicorum col 145. â—â—e the same words Ailredus Abbas Rievallis de vita miraculis Edwardi Confessori Col. 383. thus relates it Insuper Tributum illud gravissimum quod tempore patris sui primo classi Danicae pendebâ—tur Postmodum vero fisco regio Annis singulis inferâ—batur regia liberalitate remisit et ab onere hoc importabili in perpetuum Angliam absolvit Vnde sancto huic regi non inconvenienter aptatur quod scriptum est Bâ—â—tus vir qui inventus sine macula qui post aurum non abiit nec speravit in pecuniae thesauris Post aurum non abiit quod potius dâ—spersit 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 Anglos absolvit quod patre vivente Danicis stipendâ—ariis Triginto octo millia librarum solvi consuevit Henry de Knighton De eventibus Angliae l. 1. c. 9. fol. 233 1â— and Higden in his Polychronicon lib. 6. c. 24. f. 254. thus relate it Rex Edvardus absolvit Anglos a Gravi Tributo quod paâ—ur ejus Ethelredus Danicis solidariis solvi fecerat jam per 40. annos duraverat which Fabian in his Cronicle part 8. c. 210. p. 282. Graâ—ton in his Cronicle p. 170. Speed in his History p. 410. Holinshâ—ad 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 Tributum gravisimum quod Danigelo dicebatur 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 Annaliâ—m 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 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 tua 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 Spelman in his Glossaryâ— Title Danegold affirms 5. That King Edwards Officers after the Danish Kings expired reignes did collect it of the English Subjects without his privitie to cloath and pay his Souldiers and followers 6. That he out of mercy piety conscience and justice to his people not only restored it to them when collected and brought into his Exchequer without retaining one farthing of it but likewise for ever released it to them so that it was no more collected during his reign 7. That Taxes unjustly leavied upon the poor oppressed people are very pleasing and acceptable to the devill himself who claimes the money so collected for his own and that the Collectors and exacters of such Taxes though for the payment of Armies and Souldiers are really but the devils agents and instruments who will one day pay them their deserved wages 8. That heavy oppressions and taxes though for pretended publike necessities continued for many years together ought not onely to be eternally remitted but restored when collected by all conscientious piouâ— righteous mercifull Saintlike Kings and Governours 9. That illegall heavy Taxeâ— imposed by or for invading Usurpers if once submitted to and not strongly opposed by the generality of the people wil soon be claymed lâ—avied as a customary early legall revennue both by the imposers 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 poâ—nds in one whole year was in truth an heavy and intolerable burden and grievous oppression to the whole Nâ—tion fit to be abolished aâ—d released especially in times
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 much mischief 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 fiâ—t 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 Councelâ— 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 ratificationâ— 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 Peopie by the glorious King Edwardâ—â— 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 subjâ—ct 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 later ages held in England or â—reland with the many falshoods and absurdities in it will sufficiently evidence it to every intelligent Peruser to be a late Bastard Treatise and no such Antient Record as Sir Edward Cooke most confidently averrs it upon groundless Reasons and bold false averments void of Truth Which Modus if really made and observed in his reign and after ages no doubt our Hisâ—orians would have mentioned it as well as his Laws of which they give us this following account Henry de Knyghton records That King Edward after his Coronation Consilio Baronum et caeterorum Regni received established and confirmed the good Laws which for 68 years lay as it were asleep among the sleepers and buried in Oblivion These Laws are called the Laws of St. Edward not because he had first invented them but because they being as it were put under a Bushel and laid in oblivion from the time of his Grandfather King Edgar he put to his hand first to find them out and then â—o establish them Wâ—l of Malmesbury thus writes of these Laws Omnes Leges ab antiquis Regibus maximâ— ab antecessore suo Ethelredâ— latas sub interminatione Regiae mulctae perpetuis temporibus observari praecepit in quarum custodia etiam nunc tempore bonorum sub nomine Regis Edwardi Iuratur non quod ille statuerit sed observaverit The Author of the antient Manuscript Chronicle of Litchfield and Mr. Selden out of him together with Roger Hoveden and Bishop Usher inform us concerning these Laws Ex illo die magna autoritate veneratae et per universum regnum
victoribus suis participarunt de caeter is in â—orum mores transeuntes Sed haec mala de omnibus generaliter Anglis dicta intelligi nolim Scio clericos multos tunc temporis simplici via semitam sanctitatis trivisse Scio multos Laicos omnis generis conditionis in hae eadem gente Deo placuisse facessat ab hac relatione invidia non cunctos pariter hâ—c involvat calumnia Verum sicut in tranquillitate malos cum boâ—is fovet plaerumque Dei sereniâ—as ita in captivitate bonâ—s cum malis noâ—nunquam ejusdem constringit sevâ—ritas I have insisted more largely upon the Historical part of Harolds usurpation perjury short and troublesom reign tragical death Duke Wâ—lliams claims to and manner of acquiring the Crown of England for this reason especially To refute the common received Error of some ignorant Historians of many illiterate Statists and Swordmen of this age and of fundry temporizing Ignoramusses of my own robe who publickly averr in their Pamphlets Speeches Charges and Discourses that Duke William claimed and obtained the Crown of England only as a Conqueror and thereupon altered the antient Laws Customs of the Realm and gave New Laws unto it by his own absolute power as a Conqueror thereof Upon which false Ground they inferre That those in late and present Power coming in by the same Title of Conquest may lawfully give new Laws to impose what Taxes Government they please upon the English as well as Scotish and Irish as a meer conquered Nation by their own inherent authority seeing by the Laws of Warr regularly all Rights and Laws of the place and Nation conquered be wholly subject to the Conquerors will And hereby they justifie all their late Impositions Taxes Excises Sequestration Seisures Sales of all the publike revenues of the Nation and many thousand private mens Estates by their Westminster and White-Hall Ordinances Edicts with the changes of our Government new-modellings of our Parliaments and all other irregular proceedings destructive to our Fundamental Rights Laws Liberties Government which they formerly covenanted inviolably to maintain without grant or consent by any free full lawfull English Parliaments Now to demolish all these their superstructures by subverting their â—alse Foundation of D. Williams pretended Title to the Crown of England only by Conquest It is most apparent by the premised Historical Authorities 1. That King William alwayes claimed the Crown of England both before at and after his Coronation as of right belonging to him by the promise gift contract gift and bequest of Edward the Confessor and as his heir and next kinsman by the Mothers side 2. That he alleged this gift and grant of the Crown to him to be made with the consent of the Archbishops of Canterbury Earls Godwin Syward and other Nobles of the Realm ratified by special Messengers sent unto and Hostages delivered him for its performance and by Harâ—lds own solemn agreement and Oath sent to him by King Edward for that purpose as himself at least suggested to him which designation and grant of King Edward to William was no fiction but a truth confessed by all our Historians and Harold himself who by his answers never denyed but only endeavoured to evade it and voluntarily acknowledged by all the Nobles of England both at his Coronation and in Parliament it self in the 4. year of his reign 3. That after King Edwards decease divers of the Nobles would have elected William King in pursuance hereof but that Harold perjuriously usurped the Crown by meer force and power without the least right unto it or any election by the Lords or people setting the Crown on his own head the very day King Edward was interred and thereby prevented Williams election to it 4. That hereupon divers of the Nobles Prelates and other English sent private Messengers to William into Normandy to come and demand his right to the Crown as due unto him promising hostages and their assistance to recover it 5. That thereupon he sent Embassadors twice or thrice to Harold one after another before his landing insisting on his meer right and Title to the Crown to gain it by parly without effusion of bloud 6. That upon Harolds obstinacy he appealed to the Pope and to all his Nobles assembled in a Parliamentary Council for the justice of his Title and Right to the Crown who declared his Title Lawfull and Just and thereupon encouraged assisted him all they could to regain it by force of arms from the Usurper Harold who would not otherwise depart from it 7. That immediately after his landing he made claim unto it only by the foresaid Right Title and thereupon prohibited his Souldiers to plunder the Country or hurt any of the Inhabitants as being his by right 8. That very few of the English Nobility or Nation would march or engage with Harold against William and sundry withdrew themselves from the battel as conscious of Harolds usurpation perjury and Williams just cause against him however other causes were then pretended and amongst the rest his own Brother-in-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 Loâ—doners and others who first appeared for Edgar with the greatest pâ—rt of the Clergy people of the English Nation without the least fight or resistance or before any siege or summons from him together with Prince Edgar himself voluntarily went out and submitted themselves sware faith and allegeance to him as their Soveraign at Berkhamsted and after that joyfully received him with highest acclamations as their lawfull King at his entry into London 11. That all the Prelates Clergy and Nobility soon after without any coercion upon his foresaid right and Title freely elected and solemnly crowned him as their lawfull King in a due and accustomed manner and then did Homage and swore new Allegiance afresh unto him as their rightful Soveraign 12. That he took the Ordinary Coronation Oath of all lawfull Kings to maâ—â—â—tan and defend the rights persons of all his people to govern them justly c. as became a good King which a King claiming by meer conquest would never do All these particulars are undeniable Evidences that Duke William never made the least pretence claim or title to the Crown and Realm of England only as an absolute Conqueror of the Nation but meerly by Title as their true and lawfull King by designation adoption and cognation seconded with the Nobles Prelates Clergy and peoples unanimous election And although it be true that this Duke ejected Harold and got actual possâ—ssion of the Throne and Kingdom from him by the sword as did Aurelius Ambrosius and others before and King Henry the 4. Edward the 4. Henry the 7. with others
at all For tâ—e Crown of England being held not as patrimonial but in succession by remotion which is a succeeding to anothers place it was not in the power of King Edward to collate the same by any dispositive and Testamentary Will the right descending to the next of blood only by the Laws and Custom of the Kingdom For the successor is not saâ—d to be the Heir of the King but of the Kingdom which makes him so and cannot be put from it by any Act of his Predecessors 9. That the Nobilities Clergies and peoples free-Election hath been usually most endeavoured and sought aâ—ter by our Kings â—especially Intruders as their best and surest Title To these Legal I shall only subjoyn some Political and Theological Observations naturally flowing from the premised Histories of King Edward Harold and William not unsuitable to nor unseasonable for the most serious thoughts and saddest contemplations of the present age considering the revolutions and postures of our publike affairs 1. That it is very unsafe and perillous for Princes or States to intrust the Military and Civil power of the Realm in the hands of any one potent ambitious or covetous person who will be apt to abuse them to the peoples oppression the kingdoms perturbation and his Sovereigns affront or danger as is evident by Earl Godwin and his Sons 2. That devout pious soft-natured Princes are aptest to be abused and their people to be oppressed by evil Officers 3. That it is very dangerous and pernicious to heditary kingdoms for their King to die without any certain known and declared right Heirs or Successors to their Crowns yea an occasion of many wars and revolutions as is evident by King Edwards death without iâ—sue or declared right heir 4. That right heirs to Crowns who are of tender years weak judgement or impotent in Frienâ—s and Purse are easily and frequently put by their rights by bold active and powerfull Intruders as Edgar Atheling was both by Haroâ—d and William successively Yet this is remarkable in both these Invaders of his royal Right 1. That Harold who first dethroned him to make him some kind of recompence and please the Nobles of his party created Edgar Earl of Oxford and held him in special favour 2 ly That King Willam the first to whom he submitted himself and did homage and fealty used him very honourably and entertained him in his Court not only at first buâ— even after he had twice taken up armes against him joyning first with the English Nobilitie then with the Danes and Scots against his interest For Edgar coming to him into Normandy Anno 1066. out of Scotland where he lived some years where nihil ad praesens commodi nihil ad futurum spei praeter quotidianam stipem nactus esset he not only pardoned his fore-past offences but magno donativo donatus est pluribusque annis in Curia manens Libram Argenti quotidie in stipendio accipiebat writes Malmesb. receiving a great donaâ—iâ—e from him and a pound of silver for a stipend every day and continuing many years in his Court. After which Anno 1089. He went into Apulia to the Holy wars by King Williams licence with 200 Souldiers and many Ships whence returning after the death of Robert son of Godwin and the loss of his best Souldiers he received many benefits from the Emperours both of Greece and Germany who endeavoured to retain him in their Courts for the greatness of his birth but he contemning all their proffers out of a desire to enjoy his Native Country returned into England and there lived all Kings Williams reign In the year 1091. Wil. Rufus going into Normandy to take it by force from his brother Robert deprived Edgar of the honour which his Brother with whom he sided had conferred upon him and banished him out of Normandy whereupon he went into Scotland where by his means a peace being made between VVilliam Rufus and Malcholm king of Scots he was again reconciled to Edgar by Earl Roberts means returned into England being in so great favour with the king that in the year 1097. He sent him into Scotland with an Army Ut in ea consobrinum suum Eadgarum Malcholmi Regis filium patruo suo Dufenoldo qui regnum invaserat expulso Regem constitueret Whence returning into England he lived there till after the reign of king Henry the first betaking himself in his old age to a retired life in the Country as Malmesbury thus records Angliam rediit ubi diverso fortunae ludioro rotatus nunc remotus tacitus canos suo in agro consumit Where most probably he died in peace since I find no mention of his death No less than 4 successive kings permitting this right heir to their Crowns to live both in their Courts and Kingdom of England in peace and security such waâ— the Christian Generosity Charity and Piety of that age without reputing it High Treason for any to relieve or converse with him as the Charity of some Saints in this Iron age would have adjudged it had they lived in those times who have quite forgotten this Gospel Lesson of our Savior they then practised But I say unto you love your Enemies do good to those that hate you c. Wherefore if thine enemy huâ—ger give him meat if he thirst give him drink c. Bâ— not overcome of evil but overcome evil with goodness 5. That base carnal fears and cowardize oft cause both Prelates Nobles and People to desert their own best interest and lawfull Princes and to act vote and submit to meer unrighteous Usurpers against their primitive resolutions judgements Consciences as here in the case of Edgar and Rich. 3. since 6. That Generals puffed up with victorious successes and having the command of the Land and Sea Forces in their power are apt to aspire after the royal Crown and Soveraignty and forcibly to usurp it upon the next occasionâ— even with the disinheriting of the right heir and hazard of the whole Realm of which Harold is a most pregnant example 7. That ambitious aspirers after the royal Crown and Throne will make no conscience to violate all sacred and civil Oathes Obligations Contracts and find out any evasions to elude them rather than goe without themâ— or part with them when injuriously usurped â—y them and will adventure to crown themselves with their own hands than not wear the Diadem witnesse Harold 8. That Usurpers of Crowns without right though they Court the people with Coronation Oaths and fair promises of good Laws Liberty Immunity from all Taxes and Grievances yet usually prove the greatest Tyrants and Oppressors to them of all others as Harold and William in some sort did That Invaders of Crowns and Soveraign power without any right title or colour of Justice being once in possession will never part with them to those who have better right upon any verbal Treaties but rather
Duke Leofsi was sent to the Danes â—ho 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 â—oon 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 fruâ—mini Which Charter was ratified by the Subscriptions of the King Archbishop Bishops Abbots and of several Aeldermen Nobles and Officers and the sign of the Cross. This year Duke Leofsi slaying Esric a Nobleman the Kings chief Provost was judicially banished the Realm by the King for this offence After this Peace made with the Danes Anno 1002. Emma ariving in England received both the Diadem and name of a Queen whereupon King Ethelred puffed up with pride seeing he could not drive out the Danes by force of arms contrived how to murder and destroy them all in one day by Treachery at unawares either by the sword or by fire because they endeavoured to deprive him and his Nobles both of their Lives and the Realm and to subject all England to their own Dominion The occasion time and manner of whose sudden universal Massacre is thus related by Mat. Westminster An. 1012. though acted An. 1002. as all accord and by Mr. Fox and others Huna General of King Ethelreds Militia a valiant warlike man who had taken upon him the managing of the affairs of the Realm under the King observing the insolency of the Danes who now after the peace made with them did so proudly Lord it through all England that they presumed to ravish the wives and daughters of Noblemen and every where to expose them to scorn by strength caused the English husbandmen to soyl and sow their land and doe all vile labor belonging to the House whiles they would sit idely at home holding their wives daughters and servants at their pleasure and when the husbandmen came home they should scarcely have of their own as his servants had So that the Dane had all at his will and fill faring of the best when the owner scarcely had his fill of the worst Thus the common people being of them 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 so the whole Nation of the English might all jointly and at one timâ— 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 â—herefore 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 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 destroyeâ— all the Danes either cutting off their heads without giving them warning with swords or taking anâ— burning them suddenly â—ogether with fire Vbi fuit videre miseriam dum quisque charissimos hospites quos etiam arctissima necessitudo dulciores 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 Danâ—sh Nation who eâ—caped and fleâ— out of England in a ship moved him to tears Uocatisque cunctis Regni Principibus Wâ—o 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
regno hominum cui voluerit dat illud FIT MAGNUS CORAM REGE EPISCOPORUM PROCERUMQUE CONVENTUS magnus plebis vulgique concursus quia jam futurae cladis indicia saeva praecesserant AGITUR INTER EOS DE REGNI STATU TRACTATUS Deinde Rex successorem sibi designarâ— desiderans QUID SINGULIS QUI DVE OMNIBUS VIDERETUR EXPLORAT Pro diversorum diversa senentia res pendebat in dubio Alii enim Eadmundum ob invictissimum robur corporis caeâ—eris aestimant praeferendum alii ob virtutem Normannici geneâ—is Aluredum promovâ—ndum tutiùs arbitrantur Sed futurorum omnium praescius prioris brevissimam vitam alâ—erius mortem immaturam prospiciâ—ns in pueruÌ„ nec dum natuÌ„ UNIVERSORUM VOTA CONVERTIT Vtero adhuc clauditur in Regem eligitur non natus natis praefertur quem nec dum terra susceperat terrae dominus designatur Praebet electâ—oni REX CONSENSUM laeti PRAEBENT PROCERES SACRAMENTUM inusitato miraculo IN Ejus FIDELITATE JURARUNT qui utrum nasceretur ignorarunt Tua haec sunt oâ—â—ra Christe Jesu qui omnia operaris in omnibus qui electum dilectum tibi anâ—e mundi constitutionem plebis tui rectoâ—em hiis indiciis declarasti quem liâ—èt per illos non tamen illi sâ—d tu potius elegisti Quis enim non videat â—ec aptum usui nec conveniens tempoâ—i nec consonum rationi nec humano ferendum fuisse sensui us omissis filiâ— lâ—giâ—imâ—s adultis hostili gladio imminente parvulus necdum natus ELIGERETUR IN REGEM quem in tali nâ—cessitate nâ—c hostes mâ—tuerent nec cives revererentur Sed omnipotens Deus Spiritum prophesiae vâ—ci simul affectui plebis infudit praesentia malâ—spe futurae consolationis temperans ut sciant omnes in totius regni consolatâ—onem regem futurum quem ab ipso Deo plebe nesciente quid fecerit nullus dabitaret electum Saevibat interim gladius hostilis in Anglia caedibus rapinis omnia replebantur ubique luctus ubique clamor ubique desolatio Incenduntur ecclesiae monasteria devastantur ut verbis propheticis utar effuderuâ—t sanguinem sanctorum in circuitu Jerusalem non erat qui sepeliret Sacerdotes suis fugati sedibus sicubi pax quies aliqua in monasteriis vel locis desertis invâ—niebatur communem miseriam deplorantes delitescebant Inter quos vener abilis Bryghtwaldus Wintoniensis Episcopus caenobium Glastoniense maerens tristis ingressus orationibus vacabat psalmis Qui cum aliquando pro Regis plebisque liberatione preces lacrymasque profunderet quasi in haec verba prorumpens Et tu inquit Domine usque quo usque quo avertis faciem tuam obliviscens inopiae nostrae tribulationis nostrae Sanctos tuos occiderunt altaria tua suffoderunt non est qui redimat neque qui salvum faciat Scio Domine scio quia omnia quae fecisti nobis in vero judicio fecisti sed nunquid in aeternum projiciet Deus non opponet complacitus sit adhuc erit ne Domine Deus meus erit ne finis horum mirabilium aut in aeternum tuus in nos mucro desaeviet percutias usque ad internecionem Inter prices tandem lachrimas â—atigatum soper suavis excepit viditque per somnium caelâ—stem chorum cum lumine beaâ—issimumque Petrum in â—minâ—nti loco constitutum dignum tantae majestati habiâ—um praeferentem Videbaâ—ur ante eum vir praeclari vultus in forma decenâ—i regalibus amictus insigniis quâ—m cum pâ—opriis manibus Apostolus censecrasset uuxissâ—t in regemâ— monita saluâ—is adjicit praecipuâ—quâ— caelibâ—m vitam commendans quot esset annos regnaturus apeâ—uit Oâ—stupefactus Praesul tanti novitate miâ—aculi petit sibi à sanâ—â—o visionis hujus mysterium revelari de statu insuper regni instantis â—ine periculi apostolicum exegit oraculum Tunc factus vulâ—u placido in tuins inâ—uentem Domini inquit o Praesul Domini est regnum ipse dominatur in filiis hominum Ipse transfert regna mutatimperia propter peccata populi regnare facit hypocritam Peccatum pâ—ccavit populus tuus Domino tradidit eos in manus Gentium dominati sunt etiam qui oderunt eos Sed non obliviscitur misereri Deus nec continebit in ira sua milericordias suas Erit enim cum dormis cum patribus tuis sepultus in senectute bona visitabit Dominus populuÌ„ suuÌ„ faciet redemtionem plebis suae Eliget enim sibi viruÌ„ secundum cor suum qui faciet omnes voluntates suas qui me opitulante regnuÌ„ adeptus Anglorum Danico furori finem imponet Erit enim acceptus Deo gratus hominibus amabilis civibus terribilis hostibus utilis ecclesiae Qui cum praescriptum terminuÌ„ regnandi in justitia pace compleverit laudabilem vitam sancto fine concludet Quae omnia in beato Edwardo completa râ—i â—xiâ—us comprobavit Expergefactus Pontifâ—x ruâ—sus ad preces lacâ—imasque convertitur licet faelicitatâ—m suae gentis non esset ipse visurus de malorum tamen fine câ—rtus effectus gratias agens Deo plurimum gratulabaturâ— Faâ—tus igitur animaequior populis poeniâ—entiam praedicabat quibus Dâ—us misericordiam non defuturam constantissimâ— pollicabaâ—ur From these passages whether reall as manâ— as fictitious as some repute them I shall onely observe these reall Truths 1. That in King Eâ—helreds reign great Parliamentary Councils were usually assembled to consult of the weighty affairs state if not succession of the Realm of England 2. That godly men in all ages have been deeply affected with the misery exile disinheriting and exâ—irpation of the Royal Issue and Posterity by invading forreign usurpers and with the oppressions of their native countrey under their usuâ—ped power and have poured forth frequent and fervent prayers unto God in secreâ— for their restitution and relief 3. That the Nobility Clergy and people of England have ever had a propense naturall inclination and affection to the true royall Blood and Posterity of the Nation though forcibly constrained to abjure and renounâ—e them for a season by prevailing Intruders electing them for their Kings and preferring them before all others upon the very next opportunity to vindicate their rights and liberties and rejecting the usurpers and their race 4. That though the Kings of England were usually reputed hereditary yet in truth they were for the most part actually elected by the Prelates and Nobles in parliamentary Councils and appointed by the generality of the Clergy and people and had oaths of allegiance given to them by their subjects 5. That God doth many times beyond all probability and expectation restore disinherited Princes to their Crowns of which they have been â—orcibly deprived after many years dispossession and withouâ— any wars or effusion of blood even by the Nobles and peoples own voluntary choice and
and slaying such as resisted them Then marching from Severn into the confines of Somersetshire and Dorsetshire they plundered many Towns and Villagâ—s 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 Plimoâ—th 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 depopulating 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 Souâ—hwark 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 Ierusalem to expiate the murder of Beorne together with the Queen his daughter to their former honours Godwin giving his Sonne VVolnoth and Hake the Son of Swane his hostages to the King for his keeping of the peace and future loyaltie to hâ—m 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 Iusticâ— 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 incensâ—d and gave the King evill counsel against Earle Godwin and the English and had invented unjust laws and pronounced unjust judgements against them permitting only some few Normans nominated in our Histoâ—ians 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 Archiepisâ— 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 withoâ—t expecting any actual violence 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 condemâ—ned executed imprisoned or put to death upon any great mans bare suggestion no not by the Kings owâ— 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 Conncels 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
corroboratae consecâ—aâ—ae sunt prae caeteris regni legibus Leges Regis Edwardi quae quidem prius inventae constitutae â—uerunt tempore Regis Edgari avi sui Veruntatem post mortem ipsius Regis Edgari usque ad Coronationem S. Regis Edw. quod continet annos 67 predictae leges sopitae sunt et penitus praetermissae Sed postquam Rex Edwardus in regno fuit sublimatus Consilio Baronum Angliae Legem 67 annis â—opitain excitavit excitatam reparavit reparatam decoravit decoratam confirmavit confirmata vocata est Lex sancti Regis Edwardi non quod prius ipse invenisset eam sed cum praetermissa fuisset oblivioni penitus dedita â— morte avi sui Regis Edgari qui prius inventor ejus fuisse dicitur usque ad sua tempora videlicet 67 annis The Chronicle of Bromton col 956 957. gives us this large account of these and our other ancient Laws This holy King Edward the Confessor Leges communes Anglorum genti tempore suo ordinavit ordained common Laws in his time for the English Nation because the Laws promulged in former times were over-partial For Dunwallo Molmucius first of all set forth Laws in Britain whose Laws were called Molmucine sufficiently famous until the times of King Edward amongst which he ordained That the Cities and Temples of the Gods and the ways leading to them and the Ploughs of Husbandmen should enjoy the privilege of Sanctuary After which Marcia Queen of the Britons Wife of Guithelin from whom the Provinces of the Mercians is thought to be denonated publishâ—d a Law full of discretion and justice which is called Mercian Lawâ— These two Laws the Historian Gildas translated out of the British into the Latine tongue and so it was afterwards commonly called Merchenelaga that is The Law of the Mercians by which Law 8 Counties were formerly judged namely Gloucestershire Worcestershire Herefordshire Shropshire Chesshire Staffordshire Warwickshire and Oxfordshire After these there was supeâ—added a Law written in the Saxon or English tongue by Ina King of West-Saxons to which Alfred King of the West-Saxons afterwarâ—s superadded the Law which was stiled West-Saxenelega that is the Law of the West-Saxons By which Law in antient times the 9 Southern Counties divided by the River of Thames from the rest of England were judged namely Kent Sussex Surrey Berkeshire Wiltshire Southampton Somersetshire Dorset and Devonshire At length the Danes dominering in the Land a third Law sprang up which was called Danelega that is the Law of the Danes by which Law heretofore the 15 Eastern and Northern Counties were judged to wit Middlesex Suthfolk Northfolk Herthfordshire Cambridgeshire Huntingdonshire Lincolnshire Nottâ—nghamshire Derbyshire Northamptonshire Leicestershire Buckinghamshire Beddefordshire and Yorkshire which County of York heretofore contained all Northumberland from the water of Humber to the River of Twede which is the beginning of Scotland and is now divided into six Shires Now out of the foresaid three Laws Merchenelega West-Saxenelega and Danelega this King Edward set forth one common Law which even to this day is called the Law of Edward The like is recorded by Hygden in his Polychronicon l. 1. c. 50. Mr. Iohn Fox in his Acts and Monuments vol. 1. p. 213 214. Samuel Daniel his Collection of the History of England p. 22. Iohn Speed his History of Great Britain p. 410. Fabian Hâ—linshed Caxton Grafton and others almost in the self-same words These Laws are no where extant in any Manuscripts or printed Authors as they were originally compiled and digested into one body by him and his Barons but as they were presented upon Oath to and confirmed by King William the Conqueror in the 4th year of his reign of which Ingulphus Abbot of Croyland in the close of his History to which they are annexed in some Manuscripts gives us this account flourishing in that age Attuli eadem vice mecum de Londonâ—is in meum Monasterium Leges aequissimi Regis Edwardi quas Dominus meus inclytus Rex Willielmus autenticas esse et perpetuas per totum Regnum Angliae inviolabiliter tenendas sub paenis gravissimis proclamarat et suis Insticiariis commendarat eodem idiomate quo editae runt ne per ignorantiam contingat nos vel nostros aliquando in nostrum grave periculum contraire offendere ausu temerario regiam majestatem ne in ejus censuras rigidissimas improvidum pedem ferre contentas saepius in eisdem hoc modo These Laws are partly Ecclesiastical partly Civil recorded by Roger de Hoveden Annalium pars posterior p. 611. to 631 by Mr. Lambard in his Archaion Henry de Knyghton de Eventibus Angliae l. 2. c. 4. Spelmanni Concili p. 613. Mr. Iohn Selden ad Eadmâ—rum Notae Spicelegium p. 172. to 195 Mr. Iohn Fox his Acts and Monuments vol. 1. p. 214. wherein those who please may peruse them â—n these Laws it is observable 1. That all capital corporal pecuniary punishments fines for criminal offences and all reliefs services and duties to the King are reduced to a certainty not lefâ— arbitrary to the King his Iustices or other Officers for the Subjects greater liberty ease and security 2. That they protect preserve the Possessions Privileges Persons of the Church and Clergy from all 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 of 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 with the consideration of the divisions distractions of the Nobility and people and the imminent danger at home would no wayes concurr with the Nobles Londoners Sea-Captains and others to crown Edgar but resolved to go forth and submit themselves to the victorious Duke and elect and crown him for their Soveraign The Nobility discerning this wavering inconstancy of the Bishops and considering that they were nobly born and must have a King that not to â—ake him who was of power to make himself King would shew more of passion than discretion distrusting each others faith began to strive and runn headlong who should be the first to preoccupate the Grace of Servitude and intrude them into forein subjection The Commons like a strong Vessel that might have been for good use were hereby left without a stern and could not move irregularly without apparent shipwrack So that all estates in generall either transported with sordid fear or corrupted with new hopes forsook Edgar themselves and their distressed Country resolving all to become Williams sworn Vassals without any further contest Ita Angli qui in unam coeuntes sententiam potuissent Patriae reformare ruinam dum nullum â—x suis volebant induxâ—runt aliâ—num During this their Consultation at London Duke William after his victory marched with his army through Oxfordshire Buckinghamshire and Hartfordshire towards London so farr as Berkhamsted without the least opposition wasting the Country burning the Villages and slaying the people as Hoveden Cambden and others write notwithstanding his former inhibition of plunder to force them more readily to submit unto him Hereupon Aldred Archbishop of York Wulstane Bishop of Worcester Walter Bishop of Hereford yea Prince Edgar himself all the English Nobility the chiefest of the Londoners and many others repaired to the victorious Duke at Bâ—rkhamsteed where giving him hostages for their fidelity they resigned themselveâ— up unto him as his subjects and swore allegiance to him with whom he reciprocally made a Covenant of Peace nihilominus exercitui suo villas cremare rapinas agâ—re permiâ—it adds Hoveden When the feast of Christs Nativity approached Duke William resolved to march to London with all his Army and there to be crowned King but being on his way he found all the passâ—ges blocked up with many great trees which Frederick Abbot of St. Albans descended from the Saxons noble bloud had caused to be cut down and cast in the waies to secure his Monastery from the destruction of the Normans whereat the Duke both wondering and fretting sent for the Abbot under assurance of his safe return and demanding the cause Why his woods were thus felled and the wayes blocked up he returned him this stout answer I have done saith he both the duty of my birth and profession and if others of my rank had performed the like as they wâ—ll might and ought to doe it had not been in thy power to have pierced the land thus farr William hearing his bold answer and knowing it was now a fitter time to pacifie than exulcerate the English Spirits gave way to the present necessity and marched to London with his Army where he was joyfully received by the Prelates Nobles and Generality of the People and by them all elected and crowned King on the day of Christs Nativity Anno 1066. In magna exultatione a Clero et Populo susceptus et ab omnibus Rex acclamatus Thomas of Walsingham records that Williams Vantguard marching into London before him found many Rebels against him in the streets of the City with whom they encountring forthwith brought no small grief and lamentation to the City by reason of the many funerals of the Citizens and their Sons whom they slew â—t last the Citizens perceiving they could no longer resist them put in hostages subjecting themselves with all theirs to their Conqueror and Hereditary Lord. After which writes he the Duke on Christmass day was elected King by all the Nobles as well of the Normans as English and anoynted with sacred oyl and crowned with the royal Crown by the Bishops of the Realm at Westminster He receiving the Crown from the hands of Aldred Archbishop of York refusing to be crowned by Stigand Archbishop of Canterbury by reason of the many euils and horrible crimes reported of him and because he had unlawfully invaded that See during the life of Robert for which he was suspended by the Pope ne maledictionem videretur induere pro benedictione as most of our Historians accord though the Chronicle of Bromton and Mat. Parker assert that Stigand peremptorily reâ—used to crown him being a man of bloud and an invader of anothers right Cumque Willielmus Dux Normanniae Conquâ—stor Angliae Tyranni nomen exhor resceret et nomen Legitimi Principis induere vellet à Stigando Cantuariensi Archiepiscopo in regno petiit consecrari Ille vero ut quidam dicunt cruenti viro et alieni Iuris invasori manus imponere formidans nullatenus adquievit Unde licet ipse Willielmus eundem Stigandum ut noverat multis modis blandè honoravit ipâ—um tamen nunquam cordialiter amavit Thomas Sprot William Thorne and out of them Matthew Parker Mr. Lambard Mr. Cambden Godwin Stow and Speed record this Story which none of our other antient Historians mention That after Duke William had slain Harold and the City of London with the generality of England had submitted to his power being struck with the â—ear and terror of Harolds death and the Englishmens great slaughter except Kent alone William marched with his forces towards Dover Castle the lock and key of the Realm the better to command the Seas and awe the Kentishmen to subject it and the other parts of the County to his power Archbishop Stigand then lyiug close in that County either to renew the warr or to obtain more honourable and just conditions of subjection for his Kentishmen than any others effected for his Kentish people that which none in his Country did besides For perswading all his Kentish men to keep at home and not stirr out of their confines when he heard of Williams approach advising with Eglesine Abbot of St. Augustinet they two being the chiefest Lords and Governours of Kent and the principal men of Kent they considered that the whole Realm was in a very sad and ill condition for whereas before the comming of the said William none of the English was a Servant that now all indiffeâ—ently as well Noble as Ignoble were subjected to the perpetual Servitude of the Normans And out of the dangers of their neighbours assuming matter for their own and their Counties preservation they assembled all the Commons of Kent to Canterbury where they represented to them the imminent dangers of the Country the misery of their neighbours the insolency of the Normans and the calamity of a servile condition all which now were too apparently seen The
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 whole English Nation the greatest part whereof secretly abbetted his interest but only against the unjust Usurper and Intruder King Harold and his adherâ—nts not to create a Title to the Realm by his and their Conquest but to remove a Uâ—surper who invaded it without and against all right and to gain the actual possession thereof by armsâ— 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 â—uller 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 hâ—ir in the kingdom of England 2ly In his Charter to the Church of Westminstâ—r he resolves as 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 bâ—neficio 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 â— QUI EDWARDO REGI HAEREDITARIO JURE SUCCESCIT Iâ— 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 adoâ—tion 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 conâ—ract and designation from King Edward as his Kinsman as an heir who forcibly outs a disâ—eisor and intruder comes in by Tiâ—le 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 transcribe it Et sic quia Normannus Iure haereditatis tenuit Normanniae Ducatum ideo Dux Regnum vero Angliae mero Conquestuâ— 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 Nobilityâ— People and right heir to the Crown himself who all submitted and sware homage fealty and allegiance to him as their lawfull Kingâ— 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 dâ—cayed Aâ—tiquities learned Mr. Iohn Selden in his Review of the Hist. of Tithes p. 482 483. Sir Iohn Hayward in the liâ—e of King VVilliâ—m the first Mr. Nathaniel Bacon in his first part of his Historical Discoursâ— of the uniformity of the Governmeâ—t 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
Tom. 2. Fox Acts and Monuments Vol. 1. p. 202 203 204 205. Proposit. 2.4 [r] Historia p. p. 889. See Fox Acts and Mon. Vol. 1. p. 203 204. Proposit. 6. Proposit. 5 6. [s] Wigorn. An. 977. p. 360. Roger Hoveden Annal pars prior p. 425. Ioh. Bromt. Chron. col 870. Sim. Duuelm Hist. de Gest. Reg. col 160. Antiqu Eccles. Brit. p. 56. Spelm. Concil p. 497. Anno 977. [t] Malmesb. de Gest. Reg. Angl. l. 2. c. 9. Mat. Westmin An. 975. VVigorniensis Simeon Dunelmensis Hntindon Hoveden Bromt. Anno 975. Gervasins Osburn Capgrave Matthew Parker Godwin in the life of Dunstan Polychronicon l. 6. c. 12. Fabian Caxton Holinshed Graâ—ton Baker in the life of King Edward Fox Acts and Monuments Vol. 1. p. 204 205. Speeds History p. 411 412. Baronius Spondanus An. 977. n. 2. Spelm. Concil p. 494 495. Camdens Britannia p. 243. Proposit. 6. Proposit. 8. Anno 978. [u] Matt. VVestm VVigorn Simeon Dunelm Huntind Hovedâ—n Radul de Dice Ethelr Bromt. An. 977 978. Malmesbury de Gest. Reg. l. 8. c. 2. Polych l. 6. c. 13. Antonius Chron. pars 2. Fabian Caxton Holiushed Grafton Speed Fox and others in the life of King Edward Proposit. 8. (x) Histor. l. 5â— p. 357. [y] De Gâ—stis Regum Ang. l. 2. c. 9. p. 61. De Genealog Reg Anglor p. 362. Anno 979. [z] Ingulphi Historia p. 889 890. Mat. VVestm VVig Sim. Dunâ—l An 978 979 c. 1016. Chron. Inhannis Bromton col 877 878. Will Malmsbur de Gestis Regum l. 2 c 18. Eadmerus Hist. Novorum l. 1. p. 1. Hoveden Annal pars prior p. 427. c. Hen. de Knyghton de Eventibus Angliae l. 1. c. 2. Polychron l. 6. c. 12 13. Caxton Fabian Holinshed Grafton Speed Stow others in the life of K. Ethelred Radulphus de â—â—ceâ—o Abbrev. Chron. col 46â— Proposit. 8. [*] See Mat. Westm. Malmsb. Huntindon Hoveden Ethelwerdus Ingulphus Wigorniensis Simeon Dunelmensis Bromton Polychronicon Hen. de Knyghton Fabian Speed Holinshed Grafton Daniel in their lives [a] De Gestis Regum l. 2. c. 10. [b] De Eventibus Angliae l. 1. c. 2. Anno 980. [c] Mat. West Malmsbury Ingulphus Huntindon Hoveden Simeon Dunelm Bromton Wigorn. Radulphus de Diceto Polychron Antiqu. Eccles. Brit. Fox Holinshed Grafton Speed [d] Mat. Parker Antiqu. Eccl. Brit. p. 63 64. Proposit. 1.4.8 (e) Antiqu. Ecclâ— Brit. p. 62. (f) Acts and Monuments Vol. 1. p. 207. Speeds Histoâ—y Anno 982. [g] Ms. de Operibus B. Edelwoldi Episcopi [h] Titles of Honoâ— second part c. 5. sect 6. p. 693. Munda Saxonice Pax dicitur sed et Satisdaâ—io ut â—ic ni â—allor inteâ—pretatur Proposit. 4 6 [i] Matthew Westminst An. 983 986. VVigorn and Simâ— Dunelm An. 986â— Ingulphi Hist. p. 890. Wil. Mâ—lmesb de Gâ—stis Reg. l. 2. c. 10. Hoveden Annal pars prior p. 427. Huntindon Hist. l. 5. p. 357. Châ—on â—o Bromton col 818. Henry de Knyghton de Eventibus Ang. l. 1. c. 2. col 2515. Fox Acts and Monuments vol. 1. p. 20â— Antiq. Eccles. Brit. p. 61. Godwins Catalogue of Bishops p. 394. Speed p. 144. Anno 986. Propos. 2 4. An. 988 991. [k] Mat. VVestm VVigorn Hunâ—indon Hovedenâ— Bromt. Speed Holinsh. Fox Grafton [l] Gervasius Antiq. Eccleâ— Brit. and Godwin in the life of Spricius Proposit. 1. [m] Huntind Hist. l. 5. p. 357. Chron. Iohan Bromton col 879. [n] Hist. Novorum l. 1. p. 1. Propos. 1 5 6 9. [o] De Gestis Reg. Angl. l. 2. c. 10. p. 62. [p] De Gestis Pontif. l. 1. p 203. [q] Histor. l. 5. p 357. [r] col 879. Proposit. 1 6 9. [s] Polychr l. 6. c. 13. [t] Deâ— Evâ—ntibus Angliae l. 1. c. 2. (u) Antiqu. Eccles. Brit. p. 64. (x) Acts and Mon. Vol. 1â— 207. Proposit. 1. 4. (y) Page 415 416. Proposit. 1 6 9. (z) A Collection of the History of England London 1634. p. 16. Propoposition 1 6 9. Anno 991. [a] William Malmsbur De Gestis Regum lâ— 2â— câ— 10. p. 64. Spelman Concil pâ— 503. Propositâ— 6.9 (b) Florentius Wigorniensis Mat. Westm. Simeon Dunelmensis Hoveden Huntindon Hist. l. 5. p. 357. Chron. Iohan. Bromton col 879.880 Speed Holinshed Grafâ—on Fox Anno 992. Proposit. 6 9. Anno 993. [c] VViâ—oâ—mensis Bromt. Huntindou Hovedâ—n Mat. VVestminst Malmesbury Simeon Dunelm Radulphus Cestrâ—nsis Fabian Holinshed Speed Anno 994. [d] Florent VVigoâ—n Sâ—m Dunelm Mat. Westm. Anno 994. William Malmes de Gâ—st Râ—g l. 2. c. 10. Hunâ—indon Hist. l. 5. p. 358. Hovâ—den Annal. pars prior p. 428. Chron. Ioh. Bromt. col 880 Polych l. â— câ— 13. Henry de Knyghton de Evenâ— Angl. l. 1. c. 2. Fabian Graston Holinshed Sâ—ow Speed Spelm Glossarium Tit. Danegelt Radulph de Diceto Abbrevi Chron. 461 Proposit. 1 6 9. An. 997 998 999. (e) Wigorniensis Mat. VVesâ— Huntindon Rad. de Decito Simeon Dunelmensis Polychron Bromton Hen. Knyghton Malmsbury Hoveden Fabion Holinshed Speed Grafton and others Proposit. 1 6 9. (f) Hen. Huntindon Histor. l. 6. p. 359. Châ—o Iohan. Bromton Col. 883 884 Polychronicon l. 5. c. 60. Anno 1000. [g] Mat. Westm. Hoveden Wigorniensis Sim. Dunelmensis Holinshed Speed and others Anno 1000. Anno. 1001.1002 [h] Wigorniens Huntindon Hoved. Ethelwerdus Ingulphus Malmsb. Radulphus de Diceto Radulphus Cistrensis Simeon Dunelm Bromton Mat. VVestmin Hen de Knyghton Mat. Parker Fox Fabian Holinshed Grafâ—on Speed Daniel Proposit. 1 6 8 9. (i) Chron. VVil. Thorn col 1780 Spelmanni Concil p. 504. to 510. Proposit. 6 10. Proposition 2. * Wigorniâ—nsis and others Anno 1002. (k) Huntindon Hovâ—den Malmsb. Mat. VVestm Radulphus de Diceâ—â—â— Siâ—eon Dâ—nâ—lm VVigorn Bromton Hen. de Knyghton Fox Acts Monuments Vol. 1. p. 207. Polychron â—abiar Holinshed Graftonâ— Speed Daniel Proposit. 2. (l) Historiarum l. 6. p. 360. Proposit. 2. (m) De Gest. Regum l. 2. c. 10. p. 64. (n) Mat Westmin An. 1012 p. 391 392. Anno 1003. [o] Malmsbury Huntindon Hoveden VVigorniensis Simeon Dunelmensis Radulphus de Diceto Bromton Henry de Knyghton Polychronicon Ingulphus Mat. Westm. Fabian Fox Holinshed Grafton Speed Daniel Anno 1004. (p) VVigorn Hoveden Huntind Hist. l. 6. Speed others Proposit. 6 9. Anno 1006. (u) Florâ—nâ—ius Wigorniâ—nsis Mat. Westm. Pâ—opos 2 6. (x) Huntind Hoveden Malmesbury Sim. Dnnelmensis VVigorn Mat. VVestm Ingulphus Bromton Radulph de Diceto Knyghton Polych Fabian Holinshed Graston Fox Speed Daniel Anno 1007. Proposit. 1 6 9. (y) Historiaâ—um l. 6. p. 360â— (z) Anno 1007. p. 387. Anno 1007â— 387. (a) Abbrev. Chron. col 462 (b) Spelmannâ— Concil p. 510. to 531. Malmsb. l. 2. c. 10. Anno 1007. Proposit. 5 â— Proposit. 1 2 4 5. Proposit. 1 3 â— 9. Proposit. 8. Proposit. 1 2 4 5. [c] Chron. 〈◊〉 Bromt. col 893. to 903. Lambardi Archaion Spelm. Concil p. 530 531 532 533. Proposit. 5 6. Proposit. â— 9. Proposit. 1. Anno 1008 1009. [d] Florentius Wigorn. Sim. Dunelm Mat.