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

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whereof is this That the Church shall be free and enjoy her Iudgements Rents and Pensions And Anno Dom. 700. this king Withred unâ cum consensu Principum meorum together with the consent of his Nobles and Bishops who subscribed their names to his Charter granted to the Churches of God in Kent● th●t they should be perpetually freed ab omni exactione publica tributi atque dispendio vel laesione à praesenti die tempore c. From all publick exaction of Tribute and from all dammage and harm rendring to him his posterity such honour and obedience as they had yeelded to the Kings h●s antecessors under whom Iustice and Liberty was kept towards them About the year of our Lord 678. Wilfrid Archbishop of ●ork ●eing in a Council unjustly depri●ed of his Bishoprick by Theodor Archbishop of Can●erbury who envied the greatness of his Wealth Power and Diocess which he would and did again●● Wilfrids will in that Council divide i●to ● more Bishopricks was after that time exiled the Realm through the malice of Egfrid king of Nort●umberland and Emburga his Queen whom he would have perswad●d ●o become a Nun and desert her Husband as some Authors write and others deny in his favour without any just and lawfull cause and after that about the year 692. being again deprived of his Bishoprick and right by the Iudgement and sentence of another Council held under Aldrid king of Northumberland and Bertuald Archbishop of Canterbury he thereupon ma●e two successive appeals to Rome against their two unjust sentences as he conceived them The first to Pope Agatho and a Council of 150 Bishops held under him who decreed he should be restored to his Bishoprick and make such Bishops under him by advice of a Council to be held `by him as he should deem meet with which decree against his first s●ntence he returning from Rome to king Egfrid to whom he delivered it sealed with the Popes Seal the king upon ●ight and reading thereof in the presence of some of his Bishops tantùm à reverentiâ Romanae sedis abfuit was so far from obeying this Decree of the Roman See that he spoiled Wilfrid of all his Goods and possessions and committed him prisoner to a barbarous and cruel Governour who thrust him into a dark dungeon for many days● and after that committed him to another more cruel Gaoler than he called Tumber who endeavoured to put him into Fetters by the Kings command which he could no ways fasten upon his Legs but they presently fell off again through a Miracle Whereupon wickedness giving place to Religion he was loosed from his Bonds detained in free custody and afterwards released but not restored After which about the year 693. he appealed again to Pope Iohn against the proceedings of the second Council which refused to re-admit him to his Archbishoprick unless he would submit to the decrees of Archbishop Theodore and Brithwald his successor which he refused to do unless they were such as were consonant to the decrees of the holy Canons which he conceived theirs not to be because they would order him to condemn himself without any Crime objected to him Upon which appeal this Pope wi●h his Bishops pronounced Wilfrid free from all Crime and ordered him to return to his A●chbishoprick writing Letters to Ethelred King of Mercians and Alfrid King of Northumberland to restore him thereunto Alfrid receiving the Popes Letters by Wilfrids Messengers altogether refused to obey the Popes commands in this Case saying Quod esset contra rationem homini jam bis à toto Anglorum Concilio damnato propter quaelibet Apostolica scripta communicare That it was against reason to communicate with a man already twice condemned by the whole Council of the English Nation for any writings of the Pope so little were the Popes authoritie and decrees then regarded in England contradicting the kings and English Councils proceedings neither would he restore him all his life After his death Edulfe usurping the Crown by Tyranny Wilfrid repaired to him to restore him to his Archbishoprick upon this account of the Popes Letters Whereupon he was so inraged with him for it though formerly his great friend that he presently commanded him to depart the Realm forthwith unless he would be sp●●led of all his goods and cast out of it with disgrace But this Usuper being deprived both of his Realm Crown and Life in little more than 3 Months space and Osred son of king Alfrid being restored to the Crown by the Nobles as right heir thereunto at last Wilfrid was re-invested in his Bishoprick by the decree of a Council held under him in Northumberland at a place called Nidden An. 705. not so much in obedience to the Popes command as king Alfrids attested by Elfleda his Sister then Abbess of Streneshash witness these words of Berfride Ego jussionibus Papae obediendum censeo prae●er●im cum eorum ro●ori accedat Regis nostri Iussio ● nostrae necessit atis sponsio c. Puer in Regem levat●s hostis abactus Tyrannus extinctus est igitur Regiae voluntatis ut Episcopus Wilfridus revestiatur Upon which he was accor●ingly restored whereupon all the Bishops embraced him and reconciled themselves to him This Bishop Wilfrid procured to the Church of Hagustald which he founded and was Bishop thereof many privileges and that ●or one miles circuit round about none should be arrested going or coming bu● injoy inviolable peace Quod in●titutum authoritate privilegiis Romanae sedi● Apostolicorum Archiepiscoporum Episcoporum Regum Principum tam Scotiae quam Angliae confirmatum est Quod si aliquis temerarius insringere audebit magnae pecuniae damno obnoxius erit perpet no Anathematis gladio ab ecclesi● seperabitur as Richa●d Prior of Hagustald records Anno Domini 708 Egwin Bishop of Worcester procured king Kenred and Offa by their Charters to grant and confirm many Lands and Privileges ●o the Abbey of Evesham which Pope Constantine likewise ratified by his subscription at Rome as well as ●hese kings in the presence of many Archbishops Bishops Princes and Nobles of divers Provinces who commended and approved their Charters and Liberality In purs●ance whereof Pope Constantine writ a Letter to Brithwald Archbishop of Canterbury to summon Concilium totius Angliae a Council of all England to wit of the Kings Bishops Religious persons of Holy Orders Optimatesque Regni cum proceribus suis with the Nobles and great men of the Realm who being all assembled together in the name of the Lord The Archbishop should in their presence read the Charters of these Kings and the Popes confirmation of them that they might be confirmed by t●e favour and assent of the Clergy and the people and consecra●ed with their Benediction Whereupon king Kenred and Offa after their return from Rome assembled a General Council in a place called Alne
ten thousand pounds in one year at first and then 16000 24000 30000 40000 or 48000 l. at the utmost for several whole years Tribute without any Excise Imposts or other Customs Which meditation me thinks should now induce them to mitigate release cease our long continued uncessant Taxes Excises Imposts or at least to reduce them to the Danes highest annual proportion of 48000 thousand pounds lest the whole Nation and Posterity repute them more oppressive barbarous tyrannical to their Christian Countrymen now than the worst of the forein Pagan Danish Invaders were heretofore and greater present Enemies to their Native Country than the Danes then were to our Progenitors The self same year there being some difference between King Ethel●ed and Richard Marquess of Normandy he thereupon slew and pillaged all the English passing through his Country and affronted King Ethelred with frequent injuries Pope Iohn the 15. hereupon sent Leo his Legate with exhortatory Letters to make peace between them who coming with them to King Ethelred on Christmass day Anno 9●1 the King u●on r●ceit of the Popes Letters Accersitis cunctis sui Regni fidelibus utriusque ordinis Sapientioribus Assembling all the Wisest men of his Realm of both Orders for the love and fear of Almighty God and St. Peter the Prince of the Apostles granted and estabished a most firm peace with all his Sons a●d Daughters present and to come and with all his Lieges without guile In pursuance whereof the King sent Edelfinus Bishop of Sherburn with two other persons of quality into Normandy to the Marquess Who upon receit of the Popes Admonitions and hearing of the kings Decree with a willing mind confirwed the said Peace with his Sons and Daughters present and to come and with all his Subjects upon this reasonable condition That if any of them or they themselves should perpetrate any unjust thing against the other it should be exp●ated with eondign reparation Which Peace that it might remain perpetually firm was ratified by the Oaths of the Commissioners of both parts at Rhoan in March following Here we have a Peace advised ratified by the direction of a Parliamentary Great Council recorded at large by Malmsbury The last clause whereof was this Et de hominibus Regis vel de inimicis suis nullum Richardus recipiat nec Rex de suis sine Sigillo eorum King Ethelred in the year 992. hearing that the Danes intended a new invasion of England and that they had sent a great Fleet to Sea contrary to their former Agreement the year before assembled a Council of his Nobles to consult how to resist them What the result of their consultation was Florence of Worcester thus record Consilio jussuque Regis Anglorum Ethe●redi Procerumque suorum de tota Anglia robustrores Londoniae congregatae sunt Naves By the Counsel and command of Ethelbert king of England and of his Nobles all the strongest Ships were assembled together at London out of all England which the king furnishing with choice Souldiers made Duke Alfric Duke Thorold Alstan and Aes●win two Bishops Admirals over them commanding them if by any means they could to take the Danish Army and Fle●t by invi●oning them in some part But Duke Alfric formerly banished forgiven and now made chief Admiral turning Traytor both to his king and Country first sends a secret Messenger to the Danes to acquaint them with the designs against them intreating them to prevent the ambushes prepared to surprize them whereby they escaped the hands of the English After which when the English and Danes were ready to encounter each other in a Sea-fight Alfric fled secretly to the Danish Fleet the night before and by reason of the instant danger fled away shamefully with them The kings Navy pursuing them took and pillaged one of the Danish Ships flaying all the men therein But the London ships meeting with the other Danish Pirates as they were flying fought with them slew many thousands of the Danes and took Duke Alfric his Ship with the Souldiers and Armes himself hardly escaping as Wigorniensis and Matthew Westminster relate But Huntind Bromton write that the Danes recruiting their Navy met and fought with the kings Navy slew many of the Londoners triumphantly took whole armed Ships and Duke Alfric who was in them whom the king should not have trusted according to the antient saying Quem semel gravitèr laeseris non facile tibi fidelem credideris For this Treason of Alfric the king cau●ed the Eyes of his Son Algar to be put out Un●e odium infamia e●us ●rudelitatis adaucta est as Hunti●don and others observe The next year 993. the Danish Fleet entring Humber wasted the Country of Northumberland and Lindesey burning the Villages slaying the people and pillaging their goods Whereupon great multitudes of the people of tha● Country assembling together resolved and hastned to sight with them but when they were ready to gi●e ●hem battel Frena F●ithgist and Godwin their Captains being of Danish Progeny● proving treacherous to their followers perswaded them to fly and fled first themselves Notwithstanding the Country as Malmesbury Speed and others write being unable to digest their intollerable insolence and plunders fell upon the Danes slew many of them and chased away the rest to defend their Lives Liberties and Estates Anno 994. Swane king of Denmark ● and Anlafe king of Norwey with 94 Ships sailed up to London besieged and ●iercely assaulted the City thinking to take it but the Citizens so manfully defended it that they repulsed the Danes thence with great loss Who thereupon turning their fury upon the Coun●ies of Essex Kent Sussex and Southampton so greivously wasted them with fire and sword burning the Villa●es and slaying the Inhabitants that King Ethelred Concilio Procerum suorum by the Council of his Nobles a●●embled together for that end as Wigorniensis Matthew Westminster Hoveden Simeon Dunelmensis and others write sent Embassadours to them promising to give them Tribute and Wages and Money upon this condition that they should desist from their cruelty Who thereupon condescending to the kings request returned to their Ships and drawing all their Army together unto Southampton wintered there To whom a Tribute of fixteen thousand pounds was given and paid out of all England that they shou●d cease from their rapines and slaug●ters of innocent persons Af●er t●is agreement King Anlaf ●epaired to Andover to King Et●elred where he received bapti●m Ethelred being his Godfather and bestowing great gifts upon him Hereupon Anlaf entred into a League with him promising to return into his own Countrey and never after to r●turn into England with an Army Which promise he faithfully observed The Articles of the Agreement between King Ethelred and him are at large recorded in the Chronicle of Bromton Col. 899● 900. being made by advice of all his Wisemen as●embled in a Parliamentary Council as this Title to
and Franchises granted by the glorious King Edward 3. That they prescribe the due payment of Tithes to God and his Ministers as well personal as praedial under Ecclesiastical and temporal penalties being granted and consented unto a Rege et Baronibus et Populo 4. That the Causes and pleas of the Church ought first to be heard ended in Courts and Councils before any other Iustitia enim est ut Deus ubique prae caeteris honoretur 5. That they thus define Danegild Danegaldi redditio propter Piratas primitus Statuta est Patriam enim infestantes vastationi ejus pro posse suo insistebant Ad eorum quidem insolentiam reprimendam Statutum est Danegaldum annuatim reddi scilicet duodecim denarios de unaquaque Hida totius Patriae ad conducendos eos qui Piratarum eruptioni Resistendo obviarent To which Hoveden Knyghton Lambard and others subjoyn De hoc quoque Danegaldo omnis ecclesia libera est quieta omnis terra quae in proprio dominico Ecclesiae erat ubicunque jacebat nihil prorsus in tali redemptione persolvens quia magis in Ecclesiae confidebant orationibus quam in armorum defensionibus usque tempora Willielmi junioris qui Ruffus vocabatur donec eodem a Baronibus Angliae auxilium requirente ad Normanniam requirendam retinendam de Roberto suo fratre cognomine Cortehose Ierusalem proficiscente Concessum est et non Lege sancitum neque confirmatum sed hac necessitatis causa ex unaquaque hida sibi dari quatuor solidos Ecclesia non excepta Dum vero collectio census fieret proclamabat Ecclesia suam reposcens libertatem sed nil profecit By which it is apparent 1. That this grievous Tax of Danegeld was first gran●ed and appointed by a publike Law in a Parliamentary Council to hire men to resist the eruption of the Pyrates and Enemies That it amounted but to 12 d. a year upon every Ploughland That the Church and Demesne Lands of the Church where ever they lay were exempted from it till William Rufus his time who first exacted it from the Clergy upon a pretended necessity and rai●ed it from 12 d. to 4 s. a Ploughland by grant of the Barons without any Law to enact or confirm it for fear of drawing it into consequence 6ly That these Laws thus describe the Duty and Office of a King The King because he is the Vicar of the highest King is constituted for this end that he may rule the earthly kingdom and the Lords people and above all things that he may reverence his holy Church and defend it from injuries pluck away evil doers from it and utterly to d●stroy and disperse them Which unless he shall doe the name of a King agreeth not unto him the Prophet Pope John witnessing Nomen Regis perdit qui quod Regis est non faciat he loseth the name of a King who dischargeth not the duty of a King Pepin and Charls his Son being not yet Kings but Princes under the French King hearing this definitive Sentence as well truly as prudently pronoun●ed concerning the name of a King by William the bastard King of England foolishly writ to Pope John demanding this que●●ion of him Whether the Kings of France ought so to continue being content only with the name of a King Who answered That it is convenient to call them Kings who do watch over defend and govern the Church of God and his people imitating King David the Psalmograph saying He shall not dwell in my House which worketh pride c. After which it followeth in Mr. Fox and some others but not in Hoveden and Knyghton ● Moreover the King by his right and by his Office ought to defend and conserve fully and wholly in all ampleness without diminution all the Lands Honours Dignities Rights and Liberties of the Crown of his Kingdom And further to reduce into their pristine state all such things as have been dispersed wasted and lost which appertain to his kingdom Also the whole and universal Land with all Ilands about the same in Norwey and Denmark be appertaining to the Crown of his kingdom and be of the appurtenances and dignity of the King making one Monarchy and one Kingdom which sometimes was called the Kingdom of Britain and now the Kingdom of England such bounds and limits as is abovesaid be appointed and limited to the name of this kingdom A King abov● all things ought to fear God to ●ove and observe his commandements and cause them to be observed through his whole kingdom He ought also to keep cherish maintain and govern the holy Church within his kingdom with all integrity and Liberty according to the constitution of his ancestors and predecessors and to defend the same against all Enemies so that God above all things be honoured and ever before his eyes He ought also to set up Good Laws aud Customs such as be wholesom and approved Such as be otherwise to repeal them and thrust them out of his kingdom Item he ought to doe Iudgement and Iustice in his kingdom by the counsel of his Realm All these things ought a King in his own person to do taking his Oath upon the Evangelist swearing in the presence of the whole State of the Realm as well of the Temporalty 〈◊〉 of the Spiritualty before he be crowned of the Archbishops and Bishop● Three Servants the King ought to hav● under his feet as Vassals Fleshly Lust Avarice and Gr●edy desire whom if he keep under as his Seruants and Slaves he shall reign well and honourably in his Kingdom All things are to be done with good advisement and premeditation and that properly belongeth to a King For hasty rashness bringeth all things to ruine according to the saying of the Gospel Every kingdom divided in it self shall be desolate c. A clear evidence that our Saxon King● had no arbitrary nor tyrannical power to condemn banish imprison oppresse or Tax their Subjects in any kinde against their Laws Liberties Properties And thus much touching King Edwards Laws Qui ob vitae integritatem Regnandi Iustitiam clementiam Legumque sive à se latarum sive ex veteribus sumptarum Equitatem inter Sanctos relatus est as Matthew Parker records of him In the year of Christ 1053. as many or 1054. as others compute it that old perjured Traytor Earl Godwin came to a most soddein shamefull exemplary death by divine justice which the marginal Historians thus relate and Abbot Ailred thus prefaceth Inserendum arbitror qu●modo Godwinum proditionum suarum donatum stipendiis divini judicii ultrix ira consumpserit detestandique facinoris quod in Regem fratremque ejus cōmiserat populo spectante ipsam quam meruerat poenam exolverat This Godwin being the Kings Father-in-law abusing his simplicity multa in regno contra jus et fas pro potestate faciebat did many things in the
whom they Outlawed together with all those who had incited him to make an unjust Law and impose an illegal Tribute upon them Harold hearing these things and minding more the Peace of the Country than his brothers profit recalled his Army and the Kiug having heard their answer confirmed Morchar for their Duke Tosti hateful to all men by the assistance of Earl Edwin was expelled out of England by the Northumberlanders and driven with his wife and children into Flanders whence returning about two years after and joyning with the Danes he entred with the Danes into Northumberland miserably harrowed the whole Country slaughtered the inhabitants and at last was there slain with most of his Souldiers by his own brother King Harold Anno 1066. King Edward as Abbot Ingulphus living in that age records Anno 1065. being burdened with old age perceiving Prince Edgar Atheling his Cosen Edwards son lately dead to be unfit for the royal throne tam corde quam corpore as well in respect of minde as body and that Earl Godwins many and wicked progeny did daily increase upon the earth set his mind upon his Cosen William Duke of Normandy et eum sibi succeder● in Regnum Angliae voce stabili sancivit and decreed by a stable vote that he should succeed him in the Realm o● England For Duke William was then superiour in every battel and a triumpher against the King of France and his fame was publickly blazed abroad amongst all the Earls of Normandy who were next him being invincible in the exercise of Arms Iudex justissimus in causarum judici● a most just Iudge in the judging of causes and most religious and most devout in the service of God Hereupon King Edward sent Robe●t Archbishop of Canterbury to him as his Legate a L●tere or special Embassador illumque designatum sui regni Successorem tam debito cognationis quam merito virtutis suae Archipraesulis rela●u insinuavit and intimated unto him by the relation of his Archbishop that he had designed him to be the Successor of his Realm as well by the debt of kinred as by the merit of Virtue Moreover Harold the Major of the Kings Court comming into Normandy not only swore that he would conserve the Kingdom of England for Duke William af●er the Kings death but likewise promised upon Oath that he would take the daughter of Duke William for his wife and upon these promises returned home magnificently rewarded After which ●e subjoins Edwardi p●issimi Regis cujus cognatione et consanguinitate inclytus Rex noster Willelmus fundat conscientiam suam regn●m Angliae invadendi caeteris Regibus de Danorum sanguine quasi nullius authoritatis ad allegandum interim intermissis William of Malmsbury who flourished in o● near that very age thus seconds him After the death of Edward his son Edgar was Neque promptus m●nu neque probus ingenio Rex itaque defuncto cognato quia spes prioris erat soluta suffragii Willielmo comiti Normanniae successionem Angliae dedit Erat ille hoc mun●re dignus praes●ans animi juvenis qui in supremum fastigium alacri labore excreverat Praeterea proxime consanguineus filius Roberti filius Richardi se●undi quem fratrem fuisse Emmae matris Edwardi non semel est quod diximus Ferunt quidam ipsum Haroldum a Rege in hoc Normanniam missum alii secretioris co●silii conscii invitum venti violentia illuc actum quo se tueretur invenisse commen●um quod quia propius vero videtur exponam Harold comming to his farm at Boseam going for his recreation into a fisher-boat and putting forth into the Sea in sport was by a sudden contrary storm arising driven with his companions into the Village of Ponthieu in France where he was stripped and bound hand and foot by the rude Country people and carried Prisoner to Guido their Earl who detained him in Prison to gain a ransom from him Whereupon Harold being of a subtil wit studying how to relieve himself by large promises procured a Messenger to inform Duke William that he was sent by the King into Normandy that what lesser Messengers had but mu●tered touching his Succession to the Crown of England he might perform by his presence especially that he was detained in bonds by Earl Guido wherby he was hindered to deliver his message notwithstanding his appeal to him which was a great diminution to his honor and if his captivity were to be redeemed with monie he would willingly give it to him and not to Guido Upon which he was by Duke Williams command released brought by Guid● into Normandy and there nobly feasted by the Duke where by his valour and policy he gained great reputation with Duke William and that he might more indear himself in his favour he there voluntarily of his own accord confirmed to him the Castle of Dover which belonged to him of right and the Kingdom of England after King Edwards decease whereupon the Duke espoused him to his daughter Adeliza then a child and bestowed her whole ample portion upon Harold and then honourably dismissed him Matthew Westminster Anno 1057. relating this Story of Harolds driving into Ponthieu by storm against his will as hapning in that year and that to ingratiate himself with Duke William Post mortem Regis Edwardi ei Regnum Angliae Sacramento firmavit subjoyns there●o Tradunt autem aliter alii quod videlicet Haroldus a Rege Edwardo fuerat ad hoc in Normanniam missus ut Ducem Gulihelmum in Angliam conducer●t qnem idem Rex Edwardus Haeredem sibi constituere cogitavit Roger de Hoved. Annal. pars prior p. 499. Radulph de Diceto Abbr. Chron. col 480 481. Eadmerus Hist. Novorum l. 1. p. 4 5. Sim. Dunel Hist. col 195. Io. Bromton in his Chronicle col 947. Hygden in his Polychron l. 6. c. 27. with others record the matter somewhat different from our other Historians That Harold after his Fathers death craving leave of King Edward to goe into Normandy to free and bring into England his Brother Wulnoth Nephew Hake there detained Hostages the King would not permit him to goe as sen● by him but yet left him free to do what he pleased of himself therein Adding Praesentio tamen te ad nihil aliud tendere nisi in detrimentum totius Anglici regni et opprobrium tui nec enim ita novi Comitem mentis expertem ut eos aliquatenus velit concedere tibi si non praescierit in hoc magnum proficuum sui Harold notwithstanding taking ship to go into Normandy upon this occasion was driven by storm into Ponthieu and there imprisoned as aforesaid and by Duke Williams means and threats after two denials released who honourably entertaining him for some dayes to advance his own designs by him at last opened his minde thus to him Dicebat itaque Regem Edwardum quando secum invene olim juvenis in Normannia demoraretur
to his Oath and promise to him had without right or Title invaded the Crown and being secretly invited by some of the English Nobles to challenge his own right thereunto by Kings Edwards designation sent Messengers to Harold who mildly reprehending him for his breach of Covenant added by way of menace that he would before the year expired exact his due from him by force of arms in case he refused voluntarily to yield up the kingdom to him But Harold growing secure contemning his threats as never likely to be put in execution both because the Dukes daughter to whom he was espoused was dead and himself involved in wars with his Neighbour Princes returned his Messengers to him with this answer Harold King of England sends you this answer That true it is when he espoused your daughter in Normandy being compelled by necessity He sware that the Realm of England should belong to thee But against this he asserts That a forced Oath is not to be kept For if a vow or oath which a Virgin had knowingly made concerning her body in the house of her Father without her parents consent was revocable and void much more the Oath which he being under the Scepter of the King had made without his knowledge by compulsion ought to be n●lled and made voyd as he asserted Moreover he af●irmed Nimis praesumptuosum ●uisse quod absque generali Consensu Regni Haereditatem vobis juraverat alienandam Addidit etiam Injustum esse petere ut e regno discedat quod tanto Principum favore susceperat gubernandum That it was overmuch presumption in him that without the general consent of the Realm he had sworn the inheritance thereof should be alienated to him That King Edward being then living he c●uld neither give away the Kingdoms succession to him nor grant it to any other without his cons●nt et ●ine populi consensu Senatus Decreto et nesciente omni Anglia de toto Regno necessitate temporis coactus impegerit and without the consent of the people and decree of the SENATE or Parliament he could not promise to him the whole Realm of England without the knowledg of all England being compelld therto only by the necessity of the time Adding moreover that it was unjust to demand that he should d●part from that kingdom which he had undertaken to govern with so great favour of the Nobles Eadmerus Radulphus de Diceto and some others record this to be his Answer then returned to Duke William Soror mea quam juxta condictum expetis mortua e● Quod si corpus ejus quale nunc est vult Comes habere mittam ne judicer Sacramentum violasse quod feci Castellum Dofris et in eo puteum aquae licet nesc●am cui ut vobis convenit explevi Regnum quod necdum fuit meum quo Iure potui dare vel promittere Si de filia sua quam debui in uxorem ut asserit ducere agit Super Regnum Angliae mulierem extraneam inconsultis Principi●us me nec debere nec sine grandi injuria posse adducere noverit The Norman who till then thought England sure to be his and had devoted his hopes from a Duke to a King stormed to see himself thus frustrated on a sudden and instead of a Crown to have such scorns heaped on his head therefore nothing content with this ●light and scornfull answer returnd his Ambassadors again to Harold by whom he ●aid his claim more at large As that King Edward in the Court of France had faithfully promised the Succession unto him and again ratified the same unto him at his being in England and that not done without consent of the State but confirmed by Stigand it should be Robert Archbishop of Canterbury the Earls Godwin and Siward yea and by Harold himself and that so firmly assured that his Brother and Nephew were delivered for pledges and for that end sent to him into Normandy that he being no way constrained to swear as he pretended he appealed to Harolds own Conscience who besides his voluntary offer to swear the succession of the Crown unto him contracted himself to Adeliza his daughter then but young upon which foundation the Oath was willingly taken But Harold who thought his own head as fit for a Crown as any others meant nothing less than to lay it down upon par●y and therefore told Williams Embassadours plainly That however Edward and he had tampered for the Kingdom yet Edward himself coming in by election and not by any Title of Inheritance his promi●e was of no validity for how could he give that wherein he was not interested nor in the Danes time was likely to be and tell you● Duke that our Kingdom is now brought to a setled estate and with such love and liking of the English as that they will never admit any more a stranger to rule over them That the Duke himself well knew that the Oath he made him was only for fear of death or imprisonment and that an Oath so extorted in time of extremity cannot bind the maker in Conscience to perform it for that were to joyn one sin with another With which and the like Speeches he shifted off the Dukes Embassadours without any Princely entertainment or courteous regard who returned home without reply vel veris vel veresimilibus argumentis perstricti Some of our Historians record That the Dukes Messengers upon their second Embassy admonishing him how religiously he had bound himself by Oath and that perjured persons should be sure to find perdition from Gods hands and reproachfull shame with men waived all other demands of the Crown and insisted only upon this That Harold should marry his Daughter which he had espoused according to his promise else he should certainly know he would by force of Armes challenge the succession of the Kingdom promised to him But this seems improbable because our other Historians conclude that his espoused Daughter was dead before this Embassie and Williams preparations and future Messages claiming the Crown resolve the contrary Abbot Ingulphus flourishing at that time gives us this sum of their Negotiation and Harolds answer thereunto Wi●lielmus au●em Comes Normanniae Legatos mittit foedera facta dicit pacta patefecit promissa petit aliquod justum medium confici requirit At Rex Haroldus Legatos vix auscultat foedera fracta negat pacta recusat promissa excusat omnia ●ustamedia oblata sufflat subsannat Cumque haec intermedia quotidie agerentur ac solum nunciorum cursus ac recursus tota aestate sine fructu consumerarentur The Embassadours returned empty bringing only Harolds unsatisfactory and scornfull Answers with them Wherewith Duke William being much inraged cast about how to recover that by right of armes which he could not gain by Treaty providing Ships Souldiers Mariners and all things necessary for an invasive war making choice of the tallest skilfullest and
name of God That no Kings nor Bishops nor Princes neque ullius Tyrannicae potestatis Homines should diminish the honour of the Metropolitical See or presume to divide it in any particle whatsoever under pain of an Anathema Maranatha which Decree the Archbishop with 12 other Bishops subscribed and ratified with the sign of the Cross as they formerly did in the Council of Bechanceld An. 798. And in this Council divers controversies concerning the Lands Limits and Iurisdictions of other Bishops Bishopricks were likewise decided and setled as you may therein read at large Eadburga Daughter to King Offa married Brithrie King of the West-Saxons proud of her parentage and ma●ch she grew so ambitious ●●sole●t and Tyrannical that she becam● od●ous not only to all the Prelates Nobles and Courtiers but to the people l●kewise For being incited with malice and tyranny she usually accused and execrated to the King all the Nobles of the Realm Ordinaries Bishops and Religious persons and so overcame him by her flatteries that those whom she began to accuse aut vit● aut Regno privaret she would either deprive of Life or banish them the Realm and if she ●ould not obtain this from the King against them she accustomed to destroy them priv●ly wit● poison At last An. 802. She preparing poi●on to destroy a rich and noble Favourite of the Kings whom he extraordinarily lov'd so as she could not banish or destroy him by her false accusatio●s the King casually drinking of ●he Poison contrary to her intention as well as his Favourite they were both therewith suddenly poisoned and d●stroyed Wherewith this wicked woman being tetrified sled with all her invaluable Treasures b●yond the Seas to Charles the Great who for her Lasciviousness in making choice of his Son for her Husband before himself though much inamoured with her transcendent beauty thrust her into a Monastery where soon after she abusing her body by uncleaness in lying with a lewd man was expelled thence forced to beg her bread and ended her days in extreme misery A just judgement of God both upon a Tyrannical Queen and unrighteous King seduced to banish and condemn his Nobles and Subjects unjustly by her solicitations For this her most hainous crime the West-Saxons ordained a Law to the Grand prejudice o● all thei● succeeding Queens That none of them should have ei●●●r Title Majesty or place of Royalty or Queen No● 〈◊〉 West-Saxones Reginam vel juxta Regem 〈◊〉 ●●ginae appellatione insigniri patiuntur 〈…〉 Eadburg●e quae virum s●um Brithicum v●neno perdidit juxta Regem ●edens omnes Regni Nobiles accusare solebat quos accusare non po●uit potu eos venenifero necare consue●it Itaque pro Reginae maleficio omnes conjuraverunt quod nunquam se regnare permitterent qui in praedictis culpabilis inveniretur as William o● Malm●sbury Asserius Menevensis Matthew Westminster Florentius Wigorniensis and others out of them rel●te There was a Parliamentary Synod or Council held at Celiohi●h in the year 816. at which not only Wulfred Archbishop of Canterbury with all his Suffragan Bishops but likewise Kenulf king of Mercians with his Princes Dukes and Nobles and sundry Abbots Pri●sts Deacons and other sacred Orders were present wherein they enacted 11 Constitutions the 6th whereof was this in substance That the Iudgements and Decrees of Bishops made in Synods should not be infringed but remain firm and irrefragable being ratified with the sign of the holy Cross by the Kings and Nobles Subscriptions unless perchance the King or Princes deemed the subscriptions of their Antecessors of no force and feared not to re●●rm or cease from this error which shall rest and bring a Curse on them and their heirs The 7th That no Bishops Abbots or Abbesses shall alienate or part with the Lands writings and evidences of their Churches and Monasteries w●i●h they are intrusted to keep nisi rationabilis causa poposcit adjuvari contra invasionem famis Depraedationem Exercitus ad Libertatem obtinendam which causes they reputed reasonable In ●he year of our Lord 822. there was a Parliamentary Council assembled at Clovesho wherein Beornulph King of Mercians sate President at which Wu●fred Archbishop of Canterbury with the rest of the Bishops Abbots omniumque dignitatum Optimatibus Ecclesiasticarum scilicet saecularium personarum were present debating things both coneerning the benefit and regulation of the Church and defence and safety of the Realm the proper subjects of our present English Parliaments a● these words import Utilitatem necessitatem Ecclesiarum Monasterialisque vitae Regulam et observantiam stabilitatem quoque Regni pertractante● In this Parliamentary Council the Proceedings in 3 precedent Councils touching the Complain●s of the Archbishops of Canterbury of the Injuries done unto them in taking away the Lands of the Church by their Kings and Officers with the proceedings thereupon are at large recited which I shall here transcribe because generally unknown to most and best di●covering the proceedings of our antient Parliamentary Councils in Cases of this nature of any Council I have met with in that Age and those which next proceeded or succeeded it All the said persons in the said Council sitting down quietly together it was inquired by them quomodo quis cum Iustitia sit tractatus seu quis injustè sit spoliatus In what manner any one had been handled with justice or if any one had been unjustly spoiled Whereupon amids other things there acted and spoken it was shewed That Archbishop Wulfred by the mis-information and enmity and violence and avarice of king Kenulph had suffered many injuries and was most unjustly deprived of his just dominations as well by those things which were done unto him amongst us here in England as by those things which were brought against him to the See Apo●tolick by the procurement of the foresaid King Kenulph by which accusations and discords not only the fore-named Archbishop but also the whole English Nation for almost six years space was deprived of its primordial authority and of the Ministry of sacred Baptism Above all these things the said king Kenulph at a certain time with his Council coming to the City of London appointed a day with great indignation wherein the Archbishop should come unto him whither when he came the King commanded ●hat relinquishing all his goods h● should speedily depart out of England without hopes of returning any more neither by the command of our Lord the Pope neither by the i●treaties of the Emperour nor of any other person unless he would consent to his will in demising to him a farm of 300 Hides of Land called Leogene●ham and moreover would give to the said King one hundred and ●we●ty pounds in money This reconciliation the said Wul●red refusing long contradicted and when the ●ri●nds of the man of God and Nobles of the King who loved him very much perceived the rapacity and
treacherie of Earl Godwin and his son Harold Which how fatal it proved to them both by Gods avenging Justice you shall hear in its due place and what divine vengeance it drew at last on the whole English Nation religious and judicious Mr. Iohn Fox informes us in these words This cruel fact of Godwin and his men against the innocent Normans whether it came of himself or of the Kings setting on seemeth to me to be the cause why the justice of God did shortly after avenge the quarrel of these Normans in conquering and subduing the English Nation by William the Conquerour and the Normans which came with him For so just and right it was that as the Normans coming with a natural English Prince were murdered of English men so afterwards the Englishmen should be slain and conquered by the Normans coming with a forein King being none of their natural Country After the b●nishment of Queen Emma out of and murder of Prince Alfred in England Harde-Cnute delaying the time in Denmark and deferring his coming in●o England thereupon Harold formerly King only of ●he Mercians and Northumbrians that he might r●ign over all England in the year 1037. A Principib●s et omni Populo Rex eligit●r● was elected King by all the Nobles and People Harde-Cnutus verò quia in Denmarchia mans●rat et ad Anglian ut rogabatur venire distulit penitus abjicitur as Florentius Wigorniensis Simeon Dunelmensis Hoveden Bromton Radulphus de Diceto and others inform us After which King Harold degenerating from Cnute his Father in all things took no care at all either of military or civil affairs nor of his own Courtly honour doing only his own will and contrary to his royal estate going more willingly on foot of which he was so swift that he was named Harefoot than riding on Horseback In his dayes there were rendred and paid to 16 Ships from every Port not In-land Towns 8. marks of Silver as in the time of his Father as Henry Huntindon records to which Iohn Speed subjoynes This Dane seeing his hazards prevented sought to secure himself and w●th 16 Ships of the Danish Fleet kept the Seas which continued ever in a readiness and wafted from port to port to the maintenance whereof he charged the English with great payments to their no little grudge and reviling whereby he lost the love of his Subjects before it h●d taken root in their hearts Neither held he long those disloyal courses for that his speedy death did cut off the infamy of a longer life he dying at Oxford where he was elected King without wife or children to survive his person or revive his name when he had reigned only 4. years and as many moneths Anno 1040. Upon the death of Harold Proceres tam Anglorum quam Danorum in unum concordantes sententiam the Nob●es both of the English and Danes assembling together in a Parliamentary Council and concording in one opinion sent Embassadours to Harde-Cnute then at Bruges in Flanders visiting Queen Emma his Mother where he had made great preparation of ships and land-forces to recover the Crown of England which belonged to him both by birth and compact from his brother Harold beseeching him to make hast into England and to take possession of the Crown thereof Whereupon he immediately consenting to the Counsel of the Nobles came speedily into England with 60 as some or 40 ships as others write furnished with Danish Souldiers and Mariners where he was rec●ived with great joy elected King both by the English and Danes and solemnly crowned at London by Elnothus Archbishop of Canterbury Soon after he commanded Alfric Archbishop of Yorke Earl Godwin and others to digg up the interred corps of his brother King Harold out of his grave in London and his head to be cut off by the hangman and then both head and corps to be thrown into the Common sink and after that into the Thames And that partly in revenge of the injuries done by him to his Mother Queen Emma in banishing and spoiling her of her money and jewels against all right and justice and partly for his unjust invasion of the Crown of England but in truth as a just retaliation of his barbarous cruelty to Prince Alfred and his Normans For whose treacherous inhumane slaughter King Harde-Cnute deprived Alfred Bishop of Worcester of his Bishoprick whose hands were said to have been in Alfreds bloud And for which murder he likewise looked with an evil eye upon Earl Godwin compelling him to an Oath of Purgation touching the same Whereupon Godwin by his own Oath and the Oaths of most of the Nobles of the Realm his compurgators swore● though most falsly That Prince Alfreds eyes were not put out nor he murdered as aforesaid by his Counsel or consent but what was done therein was only by the command of King Harold which he durst not resist Notwithstanding which Oath to purchase his peace with Harde-Cnute he presented him with a most rich and royal present to wit with a Ship whose stern was of gold with 80 Souldiers placed therein all uniformly and richly suited having on their heads gilt Burgonets on their armes bracelets of Gold on their bodies Habergeons Swords Battel-axes Targets and other arms after the Danish fashion all richly gilt with gilt bosses and darts in their hands Which Present though it pacified the Kings indignation yet it prevented not Gods avenging justice on him afterwards for Alfreds bloud thus partly avenged on Harolds carcasse which was cast into the Thames and mangled according to Hard-Cnutes command and lay floting on the water sundry dayes till a Fisherman in compassion took up his corps and buried it privately in St. Clements Danes Soon after Harde-Cnute in the second year of his reign commanded 8. Marks to be paid to every Mariner Some write 20. others 30. marks to every Shipwright of his Danish Navy besides a vast sum of money to his Land-Army Hujus anno secundo redditus est Census Exercitui Dacorum scilicet 21000 lib. 89 lib. Et posteà sunt redditae 32. puppibus 11000 lib. 48. lib. writes Henry Huntindon Tributum inexorabile et importabile Angliae imposuit ut Classiariis suis per singulas n●ves vigin●i ●ac triginti marcas ex pollicito pensitaret Quod dum importune per Angliam exigitur duo infestius hoc munus exequentes a Wigorniae Civibus extincti sunt as Will of Malmsbury expresseth it Hic etiam contra omnem spem octo Marcas unicuique remigi Classis suae de importabili tributo Angliae solvi fecit So Bromton Which ●lorentius Wigorniensis Hoveden Simeon Dunelmensis Matthew Westminster Polychronicon Caxton Fabian Holinshed Grafton and Speed thus more at large relate Anno 1040. Octo Marcas unicuique suae classis Remigi et 12. unicuique gubernatori de tota Anglia praecepit dependi Tributum videlicet tam grave ut