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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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Duke Leofsi was sent to the Danes ●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 ●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 fru●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 tim● 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 ●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 destroye● all the Danes either cutting off their heads without giving them warning with swords or taking an● burning them suddenly ●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 Dan●sh Nation who e●caped and fle● out of England in a ship moved him to tears Uocatisque cunctis Regni Principibus W●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
them on Guild-down and there seised upon Prince Alfred and retained him in close Prison when he was hastning towards London to conferr with King Harold as he had commanded And apprehending all his followers he ransacked some of them others of them he put in chains and afterwards put out their eyes some of them he tormented and punished by pulling off the skin from their heads and cutting off their hands and feet many of them he likewise commanded to be sold and slew 600 men of them at Gildeford with various and cruel deaths whose Souls are believed now to rejoyce with the Saints in Paradice seeing ●heir bodies were so cruelly slain in the fields without any fault which Queen Emma hearing of sent back her son Edward who remained with her with greatest haste into Normandy After which by the command of Earl Godwin and some others Prince Alfred being bound most straitly in chains was carried Prisoner to the Isle of Ely by ship where he no sooner arived but his eyes were most cruelly pulled out and so being led to the Monastery was delivered to the Monks to be kept where he soon after died and was there interred Some add that after Alfreds eyes were put out his belly was opened and one end of his bowels drawn out and fastened to a stake and his body pricked with sharp needles or poyneyards forced about till all his intrails were extracted in which most savage torture he ended his innocent life Ranulphus Cistrensis in his Polychronicon l. 6. c. 21. relates that Godwin used this strange cruelty towards those Normans that came over with Alfred whom he twice decimate● at Gildeford that he ●ipped up their bellies and fastned the ends of their guts to stakes that were reared and pyght in the ground and laid the bodies about the stakes till the last end of the guts came out The Author of the Book called Encomium Emmae and Speed out of him writes That Harold was no sooner established King but that he sought meanes how to rid Queen Emma secretly out of the way and maliciously purposing took counsel how he might train into his Hay the sons of Queen Emma that so all occasions of danger against him might at once for all be cut off Many projects propounded this lastly took effect that a Letter should be counterfeited in Queen Emma's name unto her sons Edward and Alfred ●o instigate them to attempt the Crown usurped by Harold against their right The Tenor of which Letter you may read in Speed This Letter being cunningly carried digested by Alfred as savo●ing of no falshood he returned answer he would come shortly over to attend his Mothers designs which Harold being informed of forelayes the coasts to apprehand him Upon his comming on shore in England Earl Godwin met him and binding his assurance with his corporal Oath became his Leige-man and guide to Queen Emma but being wrought firm for Harold treacherously led these Strangers a contrary way and lodging them at Guildford in several Companies there tithed and murthered them as aforesaid Henry Huntindon the Chro●icle of Bromton William Caxton in his Chronicle and another Historian mentioned by Mr. Fox record that this murther was after the death of King Harde-Cnute When the Earls and Barons of England by common assent and counsel sent into Normandy for these two Brethren Alfred and Edward intending to crown Alfred the elder Brother and to make him King of England and to this the Earls and Barons made their Oath But Earl Godwin of West-Sax sought to slay these two brethren so soon as they came into England to the intent he might make Harold his own son by Cnutes daughter or sister maried to him King as some of these affirm Others of them relate that he intended only to destroy Alfred being an Englishman by the Father but a Norman by the Mother whom he foresaw to be a person of such honour and courage that he would disdain to mary his daughter or to be swayed by him and then to mary his daughter Godith to Edward the younger Brother and to make him King as being of a more milde and simple disposition apt to be ruled by him Hereupon Godwin went to Southampton to meet with the two Brothers at their landing It fell out that the Messengers sent into Normandy found only Alfred there Edward being then gone into Hungarie to speak with his Cosen Edward the Outlaw Ironsides son When Alfred heard these Messengers tydings he thanked God and in all hast sped him to England ariving at Southampton with some of his Mothers kinred and many of his fellow-Souldiers of like age who were Normans Whereupon Godwin intimated to the Nobles of England That Alfred had brought over too great a company of Normans with him and had likewise promised the lands of the Englishmen to them and therefore it would not be safe to instirpate such a valiant and crafty Nation amongst them That these ought to undergoe exemplary punishment lest others by reason of their alliance to the King should presume to intrude themselves amongst the English And then posting to Southampton welcomed and received Alfred with much joy pretending to conduct him ●afe to London where the Barons waited for to make him King and expected his comming and so they passed forth together towards London But when they came to Guild-down Godwin said to Alfred● Lock round about thee on thy right hand and left and behold what a kingdom shall be subjugated to thy Dominion Upon which Alfred giving thanks to God presently promi●ed that if i● happened he should be crowned King He would constitute such Laws as should be pleasing and acceptable both to God and Man Which words were no sooner uttered but the Traytor Godwin commanded all his men to apprehend Alfred and to slay all the Normans that came with him in his company and after that to carry Alfred into the Isle of Ely and there to put out both his eys and to pull out his bowels which they accordingly executed as aforesaid And so died this innocent Alf●ed right heir to the Crown through the Treason of wicked Godwin When the Lords of England heard thereof and how Alfred that should have been their King● was put to death● through the false Treason of Godwin against their wills 〈◊〉 were ●onder●ull sorrow●ull and wr●th and swore before God and Man that he should die a worser Death than did Edric which destroyed his Lord Edmond Ironside and would immediately have put him to death but that the Traytor fled and escaped into Denmark and there continued 4. yeares and more and lost all his Lands Rents Goods and Chattels in England confiscated in the mean time for this his Treason These Historians though they somewhat vary in the time and occasion of Prince Alfreds death yet they all agree in the substance of his and of his Norman Souldiers and Campanions treacherous barbarous murders by the joynt or separate
of the Nobles and common Souldiers were so incensed that detesting the covetousness of their Prince they unanimously depar●ed from his service and refused to march wi●h him against the Normans This triumphant victory so puffed up Harold that he thought himself secure in the Throne beyond the fear or reach of any adversity and instead of a King became a TYRANT Whilst Harold with all his Land and Sea forces were thus bu●ied in the North of England Duke VVilliam in August assembled all his Land Army and Navy consisting of 900 ships at the Port of S. Valerie to invade England in the South then wholly destitute of all Guards by Land and Navy by Sea to resist his landing And to satisfie his Souldiers and all others of the justice of his undertaking he alleged these three causes thereof which Henry de Knyghton devides into four The first was to revenge the cruel murther of his Cousin Prince Alfred King Edmunds brother and of the Normans who came with him to assist him to recover the Crown of England to which he was right heir whom Godwin and his Sons had shamefully dishonoured treacherously betrayed and barbarously murdered which fact he ascribed principally to Harold The second was because Godwin and his Sons by their cunning had injuriously banished Robert Archbishop of Canterbury Earl Odo and all the French and Normans out of England which wrong he would revenge on Harold as done principally by his means and labour The third and chief ground was because Harold falling headlong into perjury had without any right usurped the Crown and Realm of England which of due belonged unto him both by right of Kinred to and gift by King Edward his Nephew and by Harolds own solemn Oath and promise made to him in Normandy to preserve the Kingdom for his use after King Edwards death without children according to King Edwards command While Duke William with his ships and Army lay many days together at S. Valerie expecting a fair gale for England the winds being cross many of the common souldiers there lying in Tents thus muttered one to another That the man was mad who would by force invade and make another mans Country and Realm his own That God did fight against them in withdrawing the winds That his Father attempted the same thing in the same manner and was hindered and inhibited therein That it was fatal to his family that aspiring to things above their power they should find God opposite to them These speeches bruted abroad which might enfeeble the strength and abate the courage even of valiant men The Duke thereupon taking Counsel with his Senators caused the Corps of St. Valerie to be brought forth to procure a wind presently a prosperous gale filling their sayles the Duke himself first took ship and launched forth and all the rest after him then casting Anchor till the Fleet came round about him they all sailing with a gentle course landed at Hastings and Pevemsy The Duke stepping forth of the ship upon the shore one of his feet slipped so that he fell down into the mud one of his hands being filled with sand whch he interpreted as an ill omen and sinister event But one of his Souldiers who stood next him lifting him up from his fall whiles he held the mud in his hand changed this event into a better interpretation saying Most happy Duke thou already possessest England and plowest it up Behold the land is in thy hand Lift up thy self with good hope thou shalt be King of England ere long No sooner was the Army landed but the King strictly charged them to forbear plu●dering and take no booties seeing they ought to spare the things that should be his own nor to wrong any of their persons who should ere long become his Subjects Richard Vestegan records out of a French Historian that Duke VVilliam the same day he landed in England caused divers of his chief Officers and Friends to dine with him and chancing at dinner to talk of an Astrologer who by the conjunction of the Planets had assured him at St. Valerie That Harold should never withstand him but submit himself unto him and yeeld him faith and homage willed now that the said Astrologer should be brought unto him whom he had caused to be imbarqued for that voyage But it was told him that the Ship wherein the said Astrologer sailed was cast away at Sea an● he drowned in it Whereunto the Duke replyed That man was not wise who had more regard ●o the good or ill fortune of another than unto his own I am now thanks be to God come over I know not how the rest will succeed How false this Star-gazers prediction proved the sequel will manifest Duke VVilliam after his arrival rested quietly 15. days without acting any thing as if he minded nothing less than war After which to cut off all occasion or hopes of return from his Souldie●s he fired all his ships or as some write drew them all a shore and intrenched them as others erecting only a Castle on the shore for a retiring place for his Souldiers if need were From Pevensy he marched to Hastings where he built another Fort. Henry de Knyghton records that the first night he lodged in England in his Pavillion there came a voice unto him saying William William be thou a good man because thou shalt obtain the Crown of the Realm and shalt be King of England and when thou shalt vanquish the enemy cause a Church to be built in the same place in my name so many hundred foot in length as in number of years the seed of thy bloud shall possess the Government of the Realm of England and reign in England an 150. years But Matthew Westminster writes this voice was after the battel with Harold not before it and the subsequent words in Knyghton touching his march to London import as much Harold residing in the North after his great victory there when he deemed all his Enemies totally broken in pieces received certain intelligence that Duke William was safely arived at Pevensey with his Fleet and an inn●merable company of valiant Horsemen Slingers Archers and Footmen whom he had hired out of all France Whereupon he presently marched with his army in great haste towards London and although he well knew that most of the valiant men in all England were slain in the two late Battels against Tosti and the Danes that many of the Nobility and Common Souldiers had quite deserted him refusing to march with him in that necssity because he permitted them not to share with him in the great booties they had won with their bloud and that half his Army w●re not come together● yet he resolved forthwith to march into Sussex against the Enemy and fight them with those small forces tired he then had being most of them Mercenaries and Stipendiaries except those English Noblemen Gentl●men and Freemen who
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 Kingdom● 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 quan●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 domine●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 al●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 in●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 Angl●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 ●ognitoris arbitrio qui non erravi eligendi judicio Thus craving the Benefit of thy Prayers for Gods Bles●sing on these my
publications for the common liberty weale and Benefit of the Nation I commend both them and thee to Gods tuition and benediction WILLIAM PRYNNE Lincolns Inne December 6. 1656. A Seasonable Legal and Historical Vindication of the good old Fundamental Liberties Rights and Laws of England Chapter 3. Section 4. Comprehending a brief Collection of all the most observable Parliamentary Councils Synods Conventions Publique Contests Debates Wars Historical Proceedings Passages Records relating to the fundamental Liberties Franchises Rights Customs and Government of the People under our English Saxon Kings from the year of our Lord 600 till the death of King Edmund Ironside and reign of Cnute the Danish King Anno Dom. 1017. with some brief Observations on and from the same IN the former Section I have presented you with a general brief Account of our first English Saxon Christian Kings limited Power and Prerogative being obliged to govern their English-Saxon Subjects not arbitrarily but justly according to their known Laws and totally disabled to alter repeal any old or enact any new Laws to impose any publique Taxes Tallages Imposts Customs whatsoever on their people upon any real or pretended necessity to m●ke any War Peace or to alienate the Lands or ancient Revenues of their Crowns to any pious publique or private uses whatsoever without the common consent of their Nobles and Wisemen in general Parliamentary Councils together with a Summary of the Laws of Ethelbert the first Christian Saxon King wholly pretermitting the Names Acts Kingdoms of our first Pagan Saxon Usurpers rather than lawfull Kings who though many and great in their generations were ve●y speedily brought to nothing their Kingdoms begun erected by blood conquest and meer power of the Sword standing not long unshaken by civil wars among themselves each King envying his equals greatness and seeking to inlarge his own Dominions upon the next In which Combustions few or none of them came to the Grave in due time but were either slain in war or treacherously murdered in Peace or expelled their Realms by or forced to resign their Crowns to others after all their former prosperous successes and reigns wholly spent in Wars Troubles Seditions Rebellions Rapines affording nothing worthy memory for their peoples good the Kingdoms settlement or imitation of Posterity Whence Henry Huntindon in the close of the 2 Book of his Histories p. 320 hath this Observation concerning them very seasonable for our present times Vide igitur Lector perpende quanta Nomina quam cito ad nihilum devenerint Attende quaeso stude cum nihil hic du●et ut adjuiras tibi regnum substantiam illam quae non deficiet Nomen illud honorem qui non pertransibit monimentum illud claritatem quae nullis saeculis veterascet Hoc praemeditare summae prudentiae est acquirere summae caliditatis adipisci summae faelicita●is I shall now in this Section proceed in my intended Chonological Method to their next succeeding Christian Saxon Kings reigns in England till the reign of King Cnute the Dane Anno Domini 1017. It is recorded of Aethelbert the first Christian Saxon King of Kent that keeping the Fea●t of our Saviours Nativity at Canterbury with his Queen Ead bald his Son Arch-Bishop Augustine and the Nobles of the Land he there held a Parliam●ntary Council with them on the 5. of Ianuary in the year of our Lord 605. Which Thomas Sprot thus expresseth in the Language of his age rather than of that Convocato ibidem communi Concilio tam Cleri quam Populi die quinto ●anuarii he did then and there Omnium singulorum approbatione consensu as he relates or cum consensu Venerab●lis Archie ●iscopi Augustini Ac Principum meorum cum Aedbaldi filii mei aliorumque Nobilium optimatum meorum Consilio as his Charters reci●e give grant and confirm to the Church of St. Peter and Paul in Canterbury for ever sundry Lands pretious Utensils Privileges and Immunities by his Charters made and ratified in this Council In which it is most probable he likewise made those Iudicial Decrees and Laws with the advice of his Wise men for the bene●it of his people in his own Country Saxon Language Which our venerable Beda William of Malmesbury Huntandon Bromton and others mention only in the general and Bishop Enulph hath registred to posterity in his famous manuscript intituled Textus Rosfensis of which I have given you some account before Section 3. p. 50 51 52. on which you may reflect In the year of Christ 627 Paulinus perswading Edwin King of Northumberland to b●come a Christian to avod eternal torments and to be made a partaker of the Kongdom of Heaven The King answered That he was both willing and ●ught to receive the faith which he taught but he ought first to confer with his Friends Princes and Counsellors concerning it th●● so if they concurred in ju●gement with ●im ●●ey might all be bap●ized together Assembling therefore his Wisemen and advising with them he ●emanded severally of them all What that Doctrine which they never heard of till then and that new worship of God which was preached by Paulinus seemed to t●em To whom Coyfi the chief of the Priests presently answered Do thou consider O King what that Religion is which is now preached to us I profess unto thee that which I have most certainly learned that the Religion we have hitherto imbraced hath no virtue at all in it whereupon it remains that if those new things which are now preached unto us shall appear to thee upon examination to be better and stronger than our Religion let us hasten to embrace them without any delay To whose wise perswasions and words Another of the Kings Nobles giving his Assent spake something concerning the brevity and incertainty of this life and of their ignorance and incertainty of that life which is to come concluding That if this new Doctrine brought any thing to them more certain than that they formerly imbraced it ought to be deservedly followed The rest of the Elders and Kings Counsellors prosecuting the like things by Divine admonition Coyfi added that he desired to hear Paulinus preaching concerning God more diligently than before which when he had done by the Kings command he cryed out having heard his preaching I heretofore understood that what we worshipped was nothing because by how much the more diligently I sought the truth in that worship the less I found it But now I openly professe that in this preaching the truth shines forth which is able to give unto us the gifts of eternal life salvation and happiness Whereupon O King I advise thee that the Temples and Altars we have consecrated without any fruit or benefit we should now presen●ly execrate and burn Upon ●his without more debate the King openly gave his assent to the preaching of Paulinus renouncing Idolatry confessed ●hat he did imbrace the faith of
to wit the Monasterie called West-Burgh the Lands whereof with the Books the Bishop then had as Aethelfrick had before commanded that they should be restored to the Church of Worcester This Bishop with 50 Mass Priests and 160 other Priests Deacons Monks and Abbots whose names are recorded in the Manuscript swore that this Land and Monastery were impropriated to his possession and Church which Oath with all these fellow swearers he was ordered to take at Westminster and did it accordingly after 30 nights respite Whereupon It was ordained and decreed by the Archbishop all the Council consenting with him that the Bishop should enjoy the Monastery Lands and Books to him and his Church and so that sute was ended and this Decree pronounced thereupon Qua propter si quis hunc agrum ab illâ Ecclesiâ in Ceastre nititur evellere contra Decreta sanctorum Canonum sciat se facere quia sancti Canones decernunt Quicqu●● Sancta Synodus universalis cum Catholico Archiepiscopo suo adjudicaverit nullo modo fractum vel irritum esse faciendum Haec au●em gesta sunt Hi sunt Testes Confirmatores hujus rei quorum nomina hic infr● notantur ● die tertio Calend Novembrium Ego Beornulf Rex Merciorum hanc chartulam Synodalis decreti signo sanctae Christi Crucis confirmavi Then follows the Archbishops Subscription and confirmation in like words with the subscriptions of sundry Bishops Abbots D●kes and Nobles being 32 in number all ratifying this D●cree An. 833. Egbert King of West-Saxons Athelwulfe his Son Witlasius king of Mercians both the Archbishops Abbots cum Proceribus majoribus totius Angliae with the greatest Nobles of all England were all assembled together at London in a National Parliamentary Council pro consilio c●piendo contra Danicos Pir●tas Littora Angliae assidne infestantes to take Counsel what to do against the Danish Pirates dayly infesting the Sea-Coasts of England In this Council the Charter of Witlasius king of Mercians to the Abbey of Croyland where he was hid and secured from his enemies was made and ratified wherein he granted them many rich gi●ts of Plate Gold Silver Land and the Privilege of a Sanctuary for all offenders flying to it for shelter which grant could not be valid without a Parliamentary confirmation for he being elected Ki●g omnium consensu after the slaughters of Bernulf and Ludican two invading Tyrants cut off in a short time qui contra fa● purpuram induerent regno vehementet oppresso totam militiam ejus quae quondam plurima extiterat victoriosissima sua imprudentia perdiderant as Ingulphus writes was enforced to hold his kingdom from Egbert king of West-Saxons under a Tribute And thereupon conferring divers Lands by his Charter to this Abbey for ever to be held of him his heirs and Successors Kings of Mercia in perpetual and pure Frankalmoigne quietae solutae ab omnibus oneribus secularibus exactionibus vectigalibus universis quocunque nomine censeantur That his grant might be sound and valid he was necessitated to have it con●irmed in ●●is Parliamentary Council by the consent of King Egbert and his Son and of all the Bishops Abbots● et Proceribus Majoribus Angliae and the greater Nobles of England the●e present most of them subscribing and ratifying this Charter with the sign of the Cross and their names About the year of Grace 838. there was a Parliamentary Counc●● held at Kingston in which Egbert king of the West-Sa●ons and his Son Aethelwulfe Ceolnoth Archbishop of Canterbury with the rest of the Bishops and Nobles of England were present Amongst many things there acted and spoken Archbishop Ceolnoth sh●wed before the whole Council That the foresaid Kings Egbert and Ae●helwulfe had given to Christchurch the Mannor called Malinges in Su●●ex free from all secular service and Regal Tributes excepting only these three Expedi●ion building of Bridge and Castle which foresaid Mannor and Lands King Baldred g●ve to Christchurch Sed quia ille Rex cunctis Principibus non placuit noluerunt donum ejus permanere ratum But because this King pleased not all his Nobles they would not that this his gift should continue firm To which Sir Henry Spelman adds this Marginal Note Rex non potuit distrahere patrimonium Regni sine assensu Procerum Wherefore the foresaid Kings in this Parliamentary Council with ●heir Nobles assent at the request of the said Archbishop regranted and confirmed it to Christchurch with this Anathema annexed against the infringers of this grant If any shall presume to violate it on the behalf of God and of us Kings Bishops Abbots and all Christians let him be separated from God and let his portion be with the Devil and his Angols Polydor Virgil records that King Athelwulfe in the year 847. going in pilgrimage to Rome repaired the English School there lately burned down and in imitation of King Ina made that part of his Kingdom which Egbert his Father had added Tributary towards it Legeque sancivit and enacted by a Law made in a Parliamentary Council that those who received 30 pence rent every year out of their possessions or had more houses should pay for those houses they inhabited every of them a penn● a peece to the Pop● for the maintenance of this School at the Feast of Peter and Paul or at least of St. Peters bonds which Law some writes he though falsely ascribr to his Son Alfred which act others refer to the years 855 or 857 and that more truly Abbot Ingulphus in his Hist. of the Abby of Croyland records that Bertulf usurping the Crown by the treacherous murder of his Cosen St. Westan tantâ ferebatur ad regnandum ambitione passing by the Abbey of ●royland most wickedly and violently took away all the Iewels Plate and ornaments of the Church which his B●other Withlasius and other Kings had given to it together with all ●he mony he could find in the Monastery and hiring Souldiers therewith against the Danes then wasting the Country about London he was vanquished and put to flight by the Pagans Whereupon this King soon after holding a great Council at Benningdon An. 850. with the Prelates and Nobles of his whole Realm of Mercia there assembled about the Danes invasions how to rai●e forces and monies to resist them as is most probable by our Historians Abbot Siward and the Monks of Croyland therein complained before them all by Askillus their fellow Monk of certain injuries malitiously do●e unto them by their Adversaries who lying in wa●t in the uttermost banks of their Rivers did seise upon their servants being such as fled thither for Sanctuary in case at any time they went out of their precincts never so little way either to fish or bring back their stragling Sheep Oxen or other Cattle as infringers of their Sanctuary and subjected them to the publick Laws to their cond●mnation and destruction to
first That the Parliamentary Council wherein this Charter was made and ratified by common consent and this exemption and tenth granted was principally called to resist the invading plundering Danes 2ly That this King and Council in those times of Invasion and necessi●y were so far from taking away the Lands and Tithes of the Church for defence of the Realm or from imposing new unn●ual Taxes and Contributions on the Clergy for that end that they granted them more Lands and Tithes than formerly and exempted them from all former ordinary Taxes and Contributions that they might more cheerfully and frequently pour ●or●h prayers to God for them as the best means of defence and security against these forein invading enemies Mr. Selden recites another Charter of this King of the same year different from it in month and place out of the Chartularies of Abbington Abbey to the same effect made by Parliamentary consent of that time per consilium sa●ubre cum Episcopis Comi●ibus ac cunct●s Optimatibus meis which Char●er is s●bscribed by this King and his two Sons with some Bishops and Abbots ratified with their signs of the Cross and this annexed curse Si quis verò minuere velmutare nostram donationem praesumpserit noscat se ante tribunal Christi redditurum rationem nisi prius satisfactione emendaverit usual in such Charters Af●er which this King going to Rome carried Alfred his youngest Son thither with him whom he most loved to be educated by Pope Leo where continuing a year he caused him to be crowned King by the Pope and returning into his Country married Iudith the King of France his Daughter bringing Alfred and her with him into England In the Kings absence in forein parts Alstan Bishop of Sherburne Eandulfe Earl of Somerset and certain other Nobles making a Conspiracie with Ethelbald the Kings eldest Son concluded he should never be received into the Kingdom upon his return from Rome for two Causes One for that he had caused his youngest son Alfred to be crowned King at Rome excluding thereby as it were his eldest Son and others from the Right of the Kingdom Another for that contemning all the w●men of England he had married th● Da●gh●er of the Ki●g of Fra●ce● an alien et contra morem et Statuta Regum West-Saxonum and against the use and Statu●es of the Kings of the West-Saxons called Ju●ith the King of France his Daughter w●om he lately esp●used Queen and caused her to sit by his side at the Table as he ●easted For the West-Saxons permit●ed not the Kings Wife to sit by the King at the Table nor yet ●o be cal●ed Queen but the Kings Wife Which Infamy arose 〈◊〉 Eadburga Daughter of King O●fa Queen of the s●me Nat●on who destroyed her Husband King Brithr●●ic with poison and sitting by the King was wont to accuse all ●he Nobles of the Realm to him who thereupon dep●ived them of l●fe or banished them the Realm● whom she c●uld not accus● she used to kill w●th poison Therefore● for this mis-doing of the Q●●en they all conjured and swore that they would never permit a King to reign over them who should be guilty in the premises W●e●eupon King Aethelulfe returning peaceably from Rome his Son Aethelbald with his Complices attempted to bring their conceived wickedness to effect in excluding him from his own Realm and Crown But Almighty God would not permit it for lest peradventure a more than civil war should arise betw●●n the Father and t●e Son the Conspiracie of all the Bishops and Nobles ceased though the King Clemency who divided the Kingdom of the West-Saxons formerly undivided with his Son so that the East pa●t of the Realm should go to his Son Ethelbald and the West-part remain to the Father And when tota Regni Nobiliras all the Nobility of the Realm and the whole Na●ion of the West-Saxons would hav● fought for the King thrust his Son Ethelbald from the right of the Kingdom and 〈◊〉 him and his Complices out of the Realm qui tantum facinus perpe●rare ausi sunt Regem à regno ●rop●io re●ellerent which Wigorniensis Anno 855. ●●le● Facinus et inauditum omnibus saeculis ante infortunium if the Father would have permitted them to do it He out of the nobleness of his mind satisfi●d his Sons desire so that where the Father ought to have reigned by the just judgement of God there the obstin●te and wicked Son reigned The King Aethelulfe before the death of Egbert his father was ordained Bishop of Winchester but his Father dying he was made King by the Prelates● Nobles and People much against his will cum non esset alius de Regio genere qui regnare debuisset because there was none other of the Royal Race who ought to reign Haeredibus aliis deficientibus po●●modum necessitate compulsus gubernacula Regni in se suscepit as Bromton and others expresse it At his death Anno 857. he did by his will lest his Sons should fall out between themselves after his decease give the kingdom of Kent with Sussex and Ess●x to Ethelbert his second son and left the kingdom of the West-Saxons to his eldest son Aethelbald then he devised certain sums of Money to his Daughter Kindred Nobles and a constant annuity for ever for meat d●ink and cloths to one poor man or pilgrim out of every 10 Hides of his Land 300 marks of mony to be sent yearly to Rome to be spent there in Oyl for Lamps Almes which sums I never find paid by his Successors as he prescribed by his Will and Charter too because not confirmed by his great Parliamentary Councils of Prelates and Nobles as his forcited Charter and Peter-pence likewise granted by him were upon this occasion as some record that he being in Rome and seeing there outlawed men doing penance in bonds of Iron purchased of the Pope tha● Englishmen after that time should never out of their Country do penance in Bonds About the year of our Lord 867. Osbrith King of Northumberland as Bromton records residing at York as he returned from hunting went into the house of one of his Nobles called Bruern Bocard to eat who was then gone to the Sea-coasts to defend it the Ports against Theeves and Pirates as he was accustomed His Lady being extraordinarily beautifull entertained him very honorably at dinner The K. enamored with her beauty after dinner taking her by the hand leads her into her Chamber saying he would speak with her in private and there violently ravished her against her will which done he presently returned to York but the Lady abode at her house weeping and lamenting the deeds of the King whereby she lost her former colour and beauty Her Husband returning and finding her in this sad condition inquired the cause thereof wherewi●h she fully ac●uainting him he thereupon cheered her up with comfortable words saying that he would not love
and other Officers nor bur●hened with unjust Exactions or Contributions Yea by his large A●mes and Gi●●s he ●ent to Rome ● he procured the English School to be fréed from all Taxes and Tributes by the Popes special Bull. And we never read he imposed the least publick Tax upon his Subjects during all his wars and Exigences by his own Regal Power upon any pretext of publick Necessity Danger Defence or Safety of the Realm against the Numerous Invading plundering Danish forces both by Sea and Land Which our late and present Aegyptian Tax-masters may do well to consider In the year of our Lord 894. this King Alfred and Guthurn the Dane gave to the Church of St. Cutbert in Durham all the Lands between Weor and Tyne for a perpetual Succession free from all Custome and secular Services with all Customes Saca and Socua and infaugtheof thereunto belonging with sundry other Privileges which they ordained to be perpetually observed Non solum Anglorum sed et Danorum consentiente et collaudante exercitu by the consent and approbation of the ARMY not only of the English but Danes also Has Leges haec Statuta which proves that it was done by a Parliamentary Counsell then held in both their Armies 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 conjecture● in whom th● 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 ●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 we●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 prae●●arent it a hostes contemp●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 taken● and likewise the Danes Horses as they likewise did in some other parts Amongst other places this King repaired the walls of Colchester put warlike men in it certum eis stipendium assignavit and assigned them a certain stipend as Mat● Westm. records neither he nor other our Historians making mention of assigned wages to any other Garrisons or Souldiers in that age At last the Danes in most places throughout England perceiving King Edwards power and wisdom submitted themselves unto him elected him for their King and Pat●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 s●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 Aedul●e for Wells Werstan for Crideton and Herstan for Cornwal assigning them their several Sees and Diocess and two other ●ishops ●or Dorchester and Cirencester all consecrated by Archbishop Plegmond at C●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-East-England at Intingford when as some think he and
confidimus quod pax nostra melior erit quam antea fuit As these passages demonstrate the proceedings of the Parliamenrary Councils in that Age unknown to most for which end I have transcribed them at large so they clearly prove that Theeves or Felons much lesse other English Freemen could not be imprisoned killed put to death fined or ransommed but by special Acts and Laws made in General Parliamentary Councils nor any Laws made enacted or altered in such Co●ncils but by the Kings Royal Assent thereto who then frequently summoned th●m and all the Members of them by writ and nomination without the Peoples Election Henry de Knyghton de Eventibus Angliae l. 1. c. 5. an● some other fabulous Authors relate that in the eighth year of King Aethelstans reign Olaus King of Denmark Golanus King of Norwey and the Duke of Normandy with 8 Dukes and 5 hundred thousand Souldiers arived in England bringing with them out of Africa A Giant called Colybrand the strongest and most famous at that time throughout the World Whereupon King Aethelstan hearing of their comming Congregavit Magnates assembled his Noblemen at Winchester to advice with them how they might resist the Enemies and fight with them in Battel Tha● whiles king Aethelstan vacaret tali Coneilio et congregatione po●uli sui in Wintonia the foresaid kings came upon him with their Army and besieged him Cum Baronia sua with his Batons in that City for two years space Neither durst the English fight with them by reason of their multitude and Power In the mean time they made this Agreement that king Aethelstan should find out one Champion to fight a single Duel with Colybrand that in all future times the Realm of England should be held of the King of Denmark under a Tribute and if Colybrand were conquered by Aethelstans Champion rhen Olaus should forfeit and disclaim the Realm of England for him and his Heirs for ever and no King of Denmark should afterwards lay claim to the Realm of England nor yet molest it That the king in near one whole years space could not find out a Champion to encounter Colybrand whereupon he and his Nobles were very much troubled At las● God by an Angel from Heaven directed the King to find out Guy of Warwick comming thither as a Pilgrim who undertook to encounter Colybrand and after a sharp battel with him in the view of both kings and their Armies cut off one of his hands and after that his head By which Victory the whole Land of England enjoyed the unviolated privilege of rest and Liberty from the Danish king untill Cnute king of Denmark gained the Realm of England from Edmund Ironside But this Relation being contrary to the truth of History and the Stream of all our Historiographers I shall repute it meerly fabulous though I could not well omit it for that Relation it hath to this my Theame an● precedent Propositions William of Malmesbury and others out of him record that Elfrid a Noble man who opposed Aethelstans Title to the Crown though in vain intended to have seized on him at Winchester and put out his eyes but his Treason being discovered before it came to the Accomplishment he was taken and sent to Rome to purge himself by Oath where before the Altar of St. Peter and Pope Iohn the 10 th he abjured the fact and thereupon fell suddainly down dead to the Earth and being carried from before the Altar by his Servants to the English School he there died within three daies after Upon this the Po●e ●ent to ●he king to advise what he should do with him and ●hether he should allow him burial with other Christia● C●rps The king hereupon assembling a Council of his Nobles to advise about it Optimates Regionis ● the Nobles of the Realm with a great Company of Elfrids kindred earnestly requested of the King with great humility that his body might be committed to Christian Burial The King consenting to their Request acquainted the Pope therewith who granted him Christian Burial though unworthy Hereupon the Nobles adjudged all his Lands and Possessions great and small to the King who by their consent granted and confirmed them all to the Abby of Malmesbury by his Charter wherin he recites Sciant Sapientes regionis Nostrae non has praefatas terras me injustè Rapuisse Rapinamque Deo Dedicasse sed sic eas accepi Quemadmodum judicaverunt omnes Optimates Regni Anglorum Insuper et Apostolicus Papa Romanae Ecclesiae Johannes After which reciting the Treachery perjury and death of Elfred with his Condescention to his Nobles and friends request aforesaid he concludes thus Et sic Adjudicata est mihi tota possessio ejus in magnis et modicis Sed et haec Apicibus praenotamus literarum ne quamdin Christianitas regnat aboleatur unde mihi praefata possessio quam Deo et Sancto Peiro dedi donatur nec Justius novi quam Deo et sancto Peiro hanc possessionem dare q●i aemulum meum in conspectu omnium cadere fecerunt et mihi prosperitatem Regni largiti sunt To which Malmesbury subjoyns In his Verbis Regis sapientiam et pietatem ejus in Dei rebus suspicere par est Sapientiam eo quod animadverterat juvenis presertim non esse Dei Gratiosum de Rapinâ Holocaustum Pietatem eo quod Munus ultione divin● collatum Deo potissimum non ingratus rependeret From whence I shall only observe that Elsrid being a P●er of the Realm dying perjured as a●oresaid was ad●udged to forfei● all his Lands for Treason after his death only by his Peers in a Parliamentary Council and that i● the king had seized on them without their judg●ment it had been an unjust Rapine by his own Confession but being legally confiscated to him by their Judgement it was no Rapine but Iustice for him to seize● and Piety to dispose of them at his pleasure to this Church What Churches and Monasteries he built and repaired throughout the Realm What Lands he restored to St. Augustines Church at Canterbury on the day of his Coronation by the Assent of his Bishops and Nobles though long detained from it and how he gave the Lands of Folcastan in Kent e●cheated by the Danes destruction of the Nunnery there to Christ-church in Canterbury you may read in the Marginal Authors William of Malmesbury informs us that Baldwin Earl of Flanders sent Embas●adour by Hugh King of France to King Ethelstan to demand his Sister for his Wife brought over with him divers rich presents and Reliques Amongst others the Sword of Constantine the Great the Lance of Charls the Great and one of the 4 Nails that pierced our Saviours body set in plates of Gold A piece of our Saviours Cross inclosed in a Christal Case c. all which he presented to the King and Lady cum in Conventu Procerum apud Abindonium proci postulata
exhibuisset Which intimates that this King consulted with an assembly of his Nobles a-about his Sisters Marriage to the King of France as a mater of Parliamentary consideration Ingulphus Hist. p. 876 877 878. records that Turketulus was his Chancellor and chief Counsellour who affected not Honors and Riches refu●ed many Bishopricks offered him by the King Tanquam ●endiculas Satanae ad animas evertendas and would never accept of any Bishishoprick all his life being Content only with his own Lands and Wages That all his Decrees were so just and legal that they remained irrevocable when once made That he was a great Souldier and fought most valiantly against the Danes and often gloried and said He was most happy in this that he had never murdered nor maimed any one Cum pugnare ●ro patria maximè contra Paganos licite quisque possit He esteeming the slaughter of such Pagan Enemies in defence ●f his Country lawfull and no murther nor maim King Aethelstan deceasing without i●●ue his Brother Edmund succeeded him An. 940. who upon the false suggestions of some of his Souldiers and Courtiers dedeprived Dunstan whom he had made his Chancellour and one of his privy Con●cil year ranked amongst the Royal Palatines and Princes of his Realm of all his dignities and Offices The very next day after being like to break his Neck as he rod a hunting over a steep Rock had not his horse miraculously stopped at the Rocks brink in his full carier he immediatly sent for Dunstan and to repair the injury done him rod presently ●o Glastonbury and made him Abbot thereof Presently after Anla●fe King of Norwey whom Aethelstan had driven out of the Kingdom of Northumberland came with a great Navy and Army to York being called in by the persidious and rebellious Northumberlanders who instantly revolted to him and elected him for the●r King Whereupon he marching Southward wi●h a puissant Army purposing to subjugate the Realm of England to himself King Edmund gathering his forces together encountred him and after a bloody battel fought a whole day between them at Leicester with great loss on both sides Odo Archbishop of Canterbury and Welstan Archbishop of York perceiving the danger on both parts and the Destruction of the Realm made this Agreement between them that Anlaffe should quietly enjoy the whole Northeast part of England lying North of Watlingstreet and Edmund all the Sou●hern part thereof during their joynt Lives and the Survivor of them enjoy the whole Realm after the others decease B●t Anlaffe soon after wasting the Church of St. Balter and burning Tivinagham with fire was presently seised on by Gods avenging Iudgement and miserably ended his life About the year 940. Hoel Dha Prince of all Wales sent for six Laymen eminent for authority and knowledge out of every Kemut or hundred of his Realm and all the Archbishops Bishops Abbots Priors of his Realm digni●ied with a Pastoral staff who continuing all tog●ther in prayer fasting and consultation all the Lent did in this Welsh Pa●liament make and enact many Civil and Ecclesiastical Laws which they divided into 3 parts and books ●or the better Government of the Realm and Church which you may read in Spelman In the 22 Law whereof they thus determine Tres autem sunt hom●nes quorum nullus potest per Legem impignora●e contra aliquod Iudicium Primus est Rex ubi non poterit secundum Legem in Lite stare coram judice ●uo agendo vel respondendo per dignitatem naturalem vel per dignitatem terrae ut Optimas vel alius So that by the Laws of those times nor only the Kings of England but even the petty Kings of Wales were by their very Natural and Royal Dignities exempted from all personall Tryals and Iudgements against them in any Courts of Iustice seeing they had no Peers to be tryed by In the year 940 Reingwald or Reginald the Dane comming with a great Navy into Northumberland slew most of the best Inhabitants of that Realm or drove them out of it He likewise seized upon all the Lands of St. Cutbert and gave his Lands to two of ●is Souldiers one of them called Scula who afflicted the miserable Inhabitants with Grievous aud intollerable Tributes whence even unto this day the Yorkshire-men as often at they are compelled to pay Tributum Regale A Royal Tribute endeavour to impose a pecuniary Mulct on the Land which this Scula possessed for the easing of themselves Scilicet Legem deputant quod Paganus per Tyrannidem fecerat qui non legitimo Regi Anglorum sed barbaro et aliegenae Regis Anglorum hosti militabat Nec tamen quamvis multum in hoc Laboraverint Pravam Consuetudinem huc usque Sancto Cuthberto resistente Introducere potuerunt writes Simeon Dunelmensis The other part of those Lands one Onlasbald seised upon who was much more cruel and oppressive to all men than Scula extraordinarily vexing the Bishop Congregation and People of Saint Cutbert and particularly seising upon the Land belonging to the Bishoprick Whereupon the Bishop oft endeavouring by perswasion to draw him to God and entreating him to lay aside the obstinate rigor of his mind and refrain himself from the unlawfull Invasion of the Churches Lands else if he con●temned his admonitions God and St. Cutbert would severely avenge the Injuries done by him to them and others He with a diabolical mind contemning his admonitions and Threats swore by his Heathen Gods that he would from thenceforth be a more bitter Enemie towards St. Cuthbert and them all than ever he was before Whereupon the Bishop with all his Monks falling prostrare on the earth earnestly prayed to God and his holy Confessor to annul those proud Tyrants Threats who was then comming into the place where they were praying having one foot within the Door and the other without in which posture he stood there immovably fixed as if both his feet had been nayled being able neither to go out nor come in but standing immovable till being long thus tortured he there gave up his mi●erable soul in the place with which example all others being terrified would no further presume by any means to invade the Land nor any thing else belonging of right to the Church Anno 941. the Rebellious o Northumberlanders preferring disloyalty before the Fealty which they owed unto Magnificent Edmund King of England elected Anlaff King of the Nor●eyans for ●heir King Son to the former Anlaff who perishing suddenly for his Sacrilege as aforesaid he and Reginald the Son of Garthfrith after their Baptism breaking their faith and Agreement with King Edmu●d by invading his Dominions Edmund thereupon by force of Armes expelled them both out of the Realm of Northumberland and united it to his own kingdom and wrested Lincoln Nottingham Derby Leicester and Stamford out of the hands o● the Usurping insolent oppressing Danes with all Mercia subduing and reducing the
bloud of their Neighbours and Friends was to be revenged Where upon Swain a cruel man prone to shed bloud animated to revenge by his Messengers and Letters commanded all the Warriers of his Kingdom and charged all the souldier● in ●orein Regions greedy of gain to assist him in this expedition against the English which they cheerfully did he having now a fairer shew to do foully than ever wrong having now made him a right of invasion who had none before Anno 1003. King Swain ariving with a great Navy and Army in England by the negligence and treachery of one Hugh a Norman whom Q●een Emma had made Earl of Devonshire took and spoyled the City of Exeter rased the wall thereof to the ground and burnt the City to ashes returning with a great prey to his ships leaving nothing behind them but the ashes After which wasting the Province of Wiltshire a strong Army congregated out of Hamshire and Wiltshire went wi●h a resolution manfully and constantly to fight with the Enemy but when both Armies were in view of each other ready to joyn battel Earl Edric their General a constant Traytor to his Country and secret friend to the Danes feigned himself to be very sick and began to vomit so that he could not possibly fight Wh●re upon the Army seeing his slothfulness and fearfullness departed most sorro●full from ●heir Enemies without ●ighting being disheartned by the Cowardise of their Captain Which Swane perceiving he marched to Wilton and Sarisbery which he took pillaged and burnt to the ground returning with the spoil to his Ships in triumph The next year Swane to whom God had designed the kingdom of England as some old Historians write sailing with his Fleet to Norwich pillaged and burnt it to the ground Whereupon Ulfketel Duke of East-England ● man of great valour seeing himself surprized and wanting time to raise an Army to resist the Danes cum Majoribus East-Angliae habito Consilio taking Coun●el ●ith the Great men of East England made peace with Swane which he treacherou●ly breaking within three weeks after suddenly issuing out of his ships surprized pillaged and burnt Thetford to the ground and covering the C●untry like Locusts spoyled all things and slaughtered the Country-men without resistance Which Duke Ulfketel being informed of commanded some of his Country-men to break his ships in pieces in his absence from them which they not dared or neglected to do and he in the mean time raising an Army with as much speed as he could boldly marched against the Enemy retu●ning with great booties to their Ships where after a long and sharp incounter on both sides the English being over-powered by the multitude of the Danes were totally ro●ted and all the Nobles of East-England there slain in their Countries defence who fought so valiantly that the Danes confessed they had never an harder or sharper battel in E●gland than this The great loss the Danes sustained in it though they got the ●ield and an extraordinary ●amine in England the year following greater than any in the memory of man caused Swane to return into Denmark to refresh and recruit his Army King Ethelred quit of these Enemies Anno 1006 deprived Wulfgate the Son of Leonne whom he had loved more than all men of his ●ossessions and all his honours propter injusta judicia for his unjust judgements and proud works and likewise commanded the eyes of the two Sons of that Arch-Trait or Edric Streona to be put out at Cocham where he kept his Cour● because Edric had treacherously inticed a bloody Butcher Godwin Porthound whom he corrupted with great gifts to murder the Noble Duke Althelin at Scoborbyrig as he was hunting whom Edric purp●s●ly invited to a Feast that he might thus treacherously murder him While these things were acting in the month of Iuly the Danes returning with an innumerable Navy into England landing at Sandwich consumed all things with fire and sword taking great booties sometimes in Sussex sometimes in Kent Whereupon King Ethelred gathered a great Army out of Mercia and the West-parts of England resolving valiantly to fight with the Da●es who declining any open fight and returning to their Ships landed sometimes in one place sometimes in another and so pillaging the Country returned with the booty to the Ships before the English Army could encounter them which they vexed all the Autumn in marching after them from place to place to no purpose The English Army returning home when Win●et began to approach the Danes with an extraordinary booty sayled to the Isle of Wight where they continued till the Feast of Chri●ts Nativity which Feast they turned into sorrow For then they marching into Hampshire and Berkeshire pillaged and burnt down Reading Wallingford Colesey Essington and very many Villages Quocunque enim perag●bant quae parata erant hilariter comedentes cum discederent in retribu●ionem procurationis reddebant hospiti caedem hospitio flammam as Huntindon Bromton and others story As they were returning another way to their ships with their booty they found the Inhabitants ready to give them battel at Kenet whom the Danes presently fighting with and routing returned wi●h triumph to their ships enriched with the new s●oils of the routed English King Ethelred lying all this time in Shropshire unable to resist the Danes Anno 1007. cum Consilio Primatum suorum as Florentius Wigorniensis Simeon Dunelmensis Polyc●ronicon and others express it by the Counsel of his Nobles sent Messengers to the Danes ● commanding them to tell them quod sumptus et Tributum illis dare vellent that they wou●d give ●hem Co●ts and Tribute upon this Condition That they should desist from rapines and hold a firm peace with them to which request they consented● and from that time Costs were given them and a Tribute paid them of thirty six thousand pounds out of a●l England Henry Hun●i●don Br●mton thus rela●e the business Rex et Senatus Anglorum dubii quid agerent quid omitterent communi deliberatione gravem conventionē cum exercitu fecerunt ad pacis observationē 36000 mil. librar ei dederunt A clear evidence that this Agreement and Peace was made and money granted and raised in England by common advice consent in Parliament or Council In●renduit Anglia to●a velut arundinem Zephiro vibrante collisum Unde Rex Ethelredus confusione magna consternatus pecunia pacem ad tempus quam armis non potuit adquisivit writes Matthew Westminster Rex Anglorum Ethelredus pro bono pacis Tributum 36 mil. librarum pers●lvit Dacis as Radulphus de Diceto words it After which the King this year made Edric aforementioned Duke of Mercia and that by the Providence of God to the destruction of the English a man of base parentage but extraordinary crafty eloquent witty and unconstant surpassing all of that age in envy perfidiousness pride cruelty and Treason who
apud Greenwic ●acui● Tributum quod erat 30. millia librarum pendi mandavit to wit to the Fleet under Turkell the Dane who instead of defending did but help to pillage and oppress the English Huntindon wri●es it was but 21 thousand pounds and Bromton avers● that it was Cnute not Ethelred who commanded it to be paid to his Navy Soon after which the Sea rising higher than it was accustomed drowned an innumerable Company of Villages people and cattel After Cnutes departure King Ethelred summoned a Parliamentaty Council at Oxford Anno 1015. both of the Danes and English Malmsbury expressly stiles it MAGNUM CONCILIUM Wigorniensis Hoved●n Sim. Dunelmensis MAGNUM PLACITUM Matthew Westminster and others MAGNVM COLLOQUIUM our later English Historians a Great Council and Parliament The King by the ill advise of that Arch Traytor Duke Edric at this Great Council commanded some Noble● of the Danes to be sodenly and secretly slain quasi de Regia proditione notatos ac perfidiae apud se insimulatos the chiefest of them were Sygeforth and Morcar whom Edric treacherously invited to his chamber and there making them drunk caused his armed guards there placed secretly to murder them which they did Hereupon their Servants endeavouring to revenge their Lords deaths being digniores et potentiores ex Scovengensibus they were repul●ed wi●h arms and forced to slye into the Tower of St. Frideswides Church for safety whence when they could not be forcibly expelled they were all there burnt together The King presently seised upon their lands and goods the chief cause of their murder as some conceived and sent the relict of Sygeforth a very Noble beautifull and vertuous Lady prisoner to Malmsbury whither Edmond the Kings base Son as some affirm pos●ed without his fathers privity and being enamored with her beauty first carnally abused then afterward maried her and by her advice forcibly invaded and seised upon the Lands of her husband and Morcar which were very great and the Earldom of Northumberland which his father denied him upon his request Whereupon all the Inhabitants of that County readily submitted to him Whiles these things were acting Cnute having setled his affairs in Denmark and made a League with his neighbour Kings recrui●ed his Army and Navy and returned into England with a resolution either to win it or to lose his life in the attempt Ariving first at Sandwich and sailing thence to the West he pillaged Dorsetshire Somersetshire and Wiltshire filling all places with slaughters and plunders King Ethelred lying then sick at Cosham his son Edmond Ironside and Duke Edric raised an Army against Cnute but when both their forces were united to fight him the old perfidious Traytor Edric endeavoured by all means to betray Edmond to the Danes or treacherously to slay him which being discovered to Edmond thereupon they severed their forces from each other and gave place to the Enemies without giving them battel Not long after Edric inticing to him 40 of the Kings ships furnished with Danish Mariners and Souldiers openly revolted and went with them to Cnute subjecting himself to his dominion as his Soveraign by whose example all West-Sex submitted to him as their Kihg delivering him hostages for their fidelity resigning up all their arms to him and providing both horse and arms for his Danish Army The Mercians offred themselves alone to resist the Danes but through the Kings sloathfulness the business of war received delay and the enemies proceeded in their rapines without opposition In the year 1016. King Cnute and treacherous Duke Edric came with 200 sail of ships into the river of Thames whence they marched by land with a great Army of horse and foot and invaded Mercia in an hostile manner burning all the Towns and Villages and slaying all the men they met with in Warwickshire and other places whereupon King Ethelred as Huntindon Wigorniensis and others record made an Edict Ut quicunque Anglorum sanus esset secum in bello procederet That every Englishman who was in health should go with him in battel against the Danes An innumerable multitude of people upon this assembled together to assist him But when his and his son Edmonds forces were conjoyned in one body the King was informed that some of his auxiliaries were ready to betray and deliver him up to the enemies unless he took care to prevent it and save himself and as some write the Mercians refused to ●ight with the VVest-Saxons and Danes whereupon the expedition was given over and every man returned to his own home After this Edmund Ironside raised a greater Army than before against Cnute and sent Messengers to King Ethelred to London to raise as many men as possible he could and speedily to come and joyn with him against the Danes but he for fear of being betrayed to the Enemy presently dismissed the Army without fighting and returned to London Hereupon Ed● Ironside went into Northumberland where some imagined he would raise a greater Army against Cnute the Dane but he and Vh●red Earl of Northumberland instead of incountring Cnute wasted the Counties of Stafford Shrewsbury and Leicester because they would not go forth to fight against the Danes Army in defence of their Country and King Cnute on the other side wasting with fire and sword the Counties of Buckingham Bedford Huntindon Northampton Lincoln Nottingham and after that Northumberland Which Edmond being informed of returned to London to his Father and Earl Uhtred returning home being compelled by necessity repaired to Cnute and submitted himself to him with all the Northumbrians making a Peace with him and giving him hostages for performance thereof and for his and their fidelity Not long after Uhtred and Turketel Earls of Northumberland were both treacherously slain by Turebrand a Dane by Cnutes command or Commission Which done Cnute made one Hirc some stile him Egric Earl of Northumberland in his place and then returned with all his army to his Ships in triumph a little before the feast of Easter with a very great booty Not long after King Ethelred born to troubles and mischief after manifold labours vexations treacheries and incessant tribulations ended his wretched life in London where he died May 9th Anno 1016. being there buried in St Pauls Church finding rest in his Grave by death which he could never find in hi● Throne all his life having attaine● it by Treachery ●nd his Brothers Soveraigns murder whose Ghost as Malmesbury and others write● did perpetually vex and haunt him all his r●ign and made him so subject to and fearfull of plots and treacheries that he knew not whom to trust nor ever deemed himself secure even in the midst of his oft raised Armies Nobles People though ready to adventure thei● Lives for his defence I have related these Passages of the Danish wars● and invasions during Ethelreds reign more largely than I intended 1. Because on the Englishmens parts they were meerly defensive
express Convenerunt apud Oxoniam ad Colloquium as Mat. Westm. or Placitum magnum as Huntindon and others stile it Proceres Regni Vt de novo Rege creando tractarent ibidem All the Nobles of the Realm assembled in a great Parliamentary Council or Court at Oxford that they might consult about the electiction of a New King which they would not have done had Harold been made King of England before by Cnute in his life time ● Leofric Earl of Chester and the rest of the Nobles on the Northside of the Thames with all the Danish Princes and Londoners who by conversing with the Danes amongst them were corrupted wi●h their vices and addicted to their party elected Harold Son of Cnute by his Concubine Algiva whom ●ome aver to be the son of a Tayler for their King But Godwin Earl of Kent with the Princes of the Western part of England contradicting them would rather have elected Harde-Cnute son of Cnute by Queen Emma or one of the Sons of King E●helred and Emma then in Normandy After great strife and debate between the Nobles about the Election because Harold was there personally present but Harde-Cnute then in Denmark and Alfred and Edward in Normandy Harolds party prevailed against Earl Godwins qui tandem vi numero minor cessit violentiae Whereupon Harold was presently crowned King at Oxford by Elnothus Archbishop of Canterbury though at first he was very unwilling to perform that service For it is reported of him that he having the regal Scepter and Crown in his custody refused with an Oath to consecrate any other for King so long as Queen Emma her children were living for said she Cnute committed them to my trust and assurance and to them will I give my faith and allegiance This Scepter and Crown therefore I here lay down upon the Altar neither do I deny nor deliver them to you but I require by the Apostolick Authority all Bishops that none of them presume to take the same away neither that they consecrate him King therewith as for your self if you dare you may usurp that which I have committed to God on this Table Notwithstanding this great thunderclap being allayed with the showers of Golden promises of his just good and religious government intended though present experience manifested the contrary he was crowned by him Anno Anno. 1035. Henry Huntindon and others write That they elected him King only to keep the kingdom for his Brother Harde-Cnute then in Denmark Harold and the Nobles of West-Sex who opposed his election upon advice taken resolved that Qneen Emma wife of the deceased King should keep West-Sex and Winchester for the use of her Son Harde Cnute and that Earl Godwin should be their Captain in military affairs Roger Hoveden and others record That Harold being elected King by the consent of the major part of the Nobles of England obtained the royal dignity and began to reign quia justus haeres because he was a lawfull heir yet he reigned not so powerfully as Cnute quia justior haeres expectabatur Harde Cnutus because a ju●ter heir Ha●de Cnute was expected By reason of this disagreement amongst the Nobles to please both parties the kingdom of England was therupon divided by Lot Harold enjoying the Northern part thereof and Harde-Cnutes friends retaining the Southern part of it for his use No sooner was Harold crowned King but to secure himself the better in his Throne he presently posted to Winchester with his forces where tyrannically and forcibly taking away all the Treasures and goods which Cnute had left to Queen Emma his Mother-in-law he banished her out of England into Flanders some write she was thus banished by the secret Counsel and treachery of Earl Godwin whom she had made General of her forces for her preservation who proved unconstant and a Traytor to her and her children where in this her distresse she was honourably entertained by Earl Baldwin In the year 1036. Alfred eldest Son of King Ethelred comming over to claim his right in the Crown was with his Norman associates betrayed and murdered by the treachery of Earl Godwin of which I finde these several different relations in our Historians Matthew Westminster Ranulphus Cistrensis and others out of them record that Alfred being in Normandy and hearing of the death of Cnute came into England with 23. chosen ships full of Souldiers ut paternum regnum de Iure sibi debitum vel pacificè vel si necessitas cogeret armatorum praesidio obtineret that he might obtain his fathers kingdom of right due unto him either peaceably or if necessity compelled by force of arms Who ariving with his forces at Sandwich Port came as far as Canterbury When Godwin Earl of Kent knew of his comming he went to meet him and receiving him in his fidelity the very next night following compleated ●he part of the Traytor Iudas upon him and his fellow-Souldiers For after kisses of peace given and joyful banquets in the silence of the midnight when as Alfred and his companions had given their Members to sleep they were all taken unarmed in their beds suspecting no harm by a multitude of armed men rushing in upon them and their hands being tyed behind their backs they were compelled to sit down in order one by another Where sitting in this manner nine of them were always beheaded but the tenth dismissed and his life reserved for a ●ime These things were acted at Gildeford a royal Town But when it seemed to be Traitor Godwin that there were more yet remaining alive of them than was profitable he cōmanded them to be tithed over again as before and so very few of them remained alive But young Alfred every way worthy of royal honour he sent bound to the City of London to King Harold that therby he might find greater favor with him with those few of his followers who remained undecimated So soon as the King saw young Alfred he caused him ●o be sent to the Isle of Ely and there to have his eyes pulled out of the pain whereof he soon after died but he slew all his Souldiers too perniciously Florentius Wigorniensis Roger de Hoveden Simeou Dunelmensis Radulphus de Diceto Mr. Fox and others relate That the innocent Princes Alfred and Edward sons of King Ethelred came out of Normandy where they had long resided with their Uncle Richard into England accompanied with many Norman Souldiers transpor●ed in a few ships to conferr with their Mother Emma ●hen residing at Winchester Which some potent men especially Earl Godwin ●s was reported took very unworthily and grievously because licet injustum ●sset although it were unjust they were more devoted to Harold than to Alfred Whereupou Harold perswaded King Harde-Cnute and the Lords not to suffer those Normans to be within the Realm for jeopardy but rather to punish them for example by which means he got authority to order the matter himself Wherefore he met
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 diu●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 L●GES BONAS IN ANGLIA STATUIT quae pro majore pa●te adhuc in regno tenerentur Whereupon about the year 1043. as the Chron●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 Englan● 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 ● THEE APPEAL FOR THE DEATH OF ALFRED MY BROTHER WHOM THOU HAST TRAIT●ROUSLY SLAIN To whom Godwin excusing himself answered My Lord and King saving your Revere●c● and Grace Peace Lordship I never betrayed nor ye● slew your Brother unde super hoc pono me IN CONSIDERATIONE CURIAE VESTRAE whence I put my s●lf upon the consideration and judgement of your Cour● 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 i●ta appellatione RECTUM JUDICIUM DECERNATIS ET DEBITAM JUSTITIAM FACIATIS I will that between us in this appeale you award right Iudgement and do due Iustic● COMITIBUS VERO ET BARONIBUS SUPER HOC AD INVICEM TRACTANTIBUS Hereupon the Earls and Barons debating upon this businesse among themselves some among th●m were different in their opinions from others in doing just judgem●nt herein For some said that Godwin was never obliged to the King so Bromton to Alfred writes Cax●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 POT●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 th● Kings Brother was slain wherefore I award as touching my par● that himself and his son and every of us DUODECIM COMITES the twelve Earls who are his friends and kinsmen sh●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 depr●cating that he woul● pardon all his rancour and ill-will to the Earle and receiving his homage and feal●y he would restore and redeliver his lands intirely to him● Vnto which award THEY ALL ACCORDING they all laded themselves with treasure in the manner aforesaid and g●ing to the King declared unto him the order and mann●r of their JUDGEMENT or AVVARD QUORUM CONSIDERATIONI REX CONTRADICERE NOLENS QUICQUID JUDICAVERANT PER OMNIA RATI●ICAVIT The King not willing to contradict them in any thing th●y had judged ratified the same in all things An agreement therefore being made between th●m in this manner the Earl presently regained all his lands The generality of our Historians as Brom●on confesseth deny that Godwin ever fled into D●nmark or left England for the murder of Alfred they generally aff●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 Malmesbu●y and others write perswaded him to accept the Crown and precontracted with him before h● came into England Paciscatur ergo sibi amicitiam solidam filiis honores integros filiae matrimonium brevi futurum ut se Regem videat qui nunc vitae naufragus exul spei alterius opem implorat Utrinque fide data quicquid petebatur sacramento firmavit If there were then any such Parliament as this then held at London and such proceedings in it concerning Godwin it was most probably in the year 1043● as I here place it And from these memorable proceedings in it we may observe 1. That there is mention onely of the King Earls and Barons present in this Parliament as members of it not of any Knights of shires Citizens or Burgesses elected by the people of which there is not one syllable 2. That the Earls and Barons in Parliament were the onely judges in that age in Parliament between the King and his Nobles subjects both in criminal and other causes there decided 3. That Peers in that age were onely tryed and judged by their Peers for treason and capitall offences 4. That appeals of Treason were then tryed in Parliament and the Earls and Barons the sole Judges of them and of what offences were Treason and what not 5. That the Bishops and Clergy in that age had no votes in matters of Treason and capitall offences 6. That the Judgement of Parliament then re●ted properly in the Earls and Barons not the King and that their judgement was not repealable by but obligatory to the
themselves suspected thought it not safe for them to come thither without an armed Guard whereupon they encamp●d at Br●verstone with a great host and there stayed giving out a report among the people that they had therefore gathered an Army together out of Kent Surry Yorkshire Oxfordshire Glocestershire Somersetshire Herfordshire Ess●x Notinghamshire and other parts that they might curbe the Welshmen who meditating Tyranny and Rebellion against the King had fortified a Town in Herefordshire where Swane one of the Earl Godwins Sonnes then pretended to keep watch and ward against them The King hearing that Godwin and his Sonn●s had raised a great Army of men out of all these Counties upon this false pretext presently sent Messengers to Syward Earle of Northumberland and Leofric Earle of Mercia to hasten to him being in great danger with all the forces they could raise Who repairing to him at the first with small forces so soon as they knew how the matter went sending their Officers through their Co●ntries together with Earle Ralph in his Countrey speedily assembled a great Army to assist the King ready to encounter these enemies if there were a necessity In the mean time Godwin marching with his Army into Glocestershire sent messengers to the King as Matthew VVestminster and some others story commanding him to deliver up Earle Eustace with his companions the Normans Bonomans who then held the Castls of Dov●r to him else he should denounce war against him To whom the King being sufficiently furnished with military forces sent this answer That he would not deliver up Earl Eustace to him commanding moreover Ut qui exercitum contra ipsum collegerat sine e●us licentia pacem regn● perturbaverat veniret ad eum die statuta s●per hac injuria sibi responsurus juri pariturus Godwin and his Sonnes being accused of A CONSPIRACY against the King and made odious to the whole Court by the VVelshmen and Normans so that a rumor was spread abroad that the Kings Army would assault them in the same place where they quartered and were unanimously resolved and ready to fight with Godwins Army being much incensed against him if the King would have permitted them Quo accepto Godwinus ad Conjuratos classicum cecinit Ut ultro Domino regi non resisterent sed si conuenti suissent quin se ulciscerentur loco non cederent profecto facinus miserabile plus quam civile bellum fuisset nisi maturiora consilia interessent writes Malmsbury But because the best and greatest men of all England were engaged on the one side and other it seemed a great unadvisednesse to Earl Leofric and others that they should fight a battle and wage war with their own Countrymen and thereupon they advised That hostages being given on both sides the King and Godwin should meet at London on a certain day to plead tog●ther which Counsel being approved of and mes●engers running to and fro between them hostages being given and received and some small agreement made between them at the present thereupon the Earle returned into VVest-Sax and the King increasing his Army both out of Mercia and Northumberland returned with them to London by agreement between both parties Iterumque praeceptum ut Londini Concilium coageretur and it was again commanded by the King that A COVNCEL or PARLIAMENT as Trevisa Speed and others render i● should be assembled at London Swane the Son of Godwin was commanded to mitigate the Kings anger by his flight Godwin and Harold were ordered to come to this Councel with twelve men only in their company and that they should resigne up to the King the services of all the Knights and Souldiers which they had thoroughout England But Godwin and his Sonnes as they durst not wage war against the King so ad Curiam ejus venire Iuri parituri negabant They would not come to his Court to put themselves upon a legal tryall alleadging That they would not goe to a Conventicle of factious persons without pledges and hostages that they would obey their Lord in the surrender of all their Knights services and in all things else without the perill of their honour and safety That if they came thither unarmed they might fear the losse of lif● if with a few followers it would be a reproach to their honour But the King being so resolute in his minde that he would not recede from what he had resolved by their intreaties ●pon their refusal to come unto his Court to justify themselves Rex in suo Concilio communi Curiae suae judicio by the common judgement of his Court in this Parliamentary Councel Et omnis exercitus unanimi consensu and by the unanim●us consent of his whole Army as Flo-rence of VVorcester and his followers subjoyne banished Godwin himself and his five Sons out of England whereupon prolatum Edictum est A Decree Proclamation was then published that within five dayes they should d●part out of England Godwin perceving that his souldiers deserted him some some ●or fear of the Kings Army and displeasure thereupon he and his wife G●va and his three sonnes Swane Gurth and Tosti with his wife Iudith daughter to the Earle of Flanders departed presently out of England by the Isle of Thanet into Flanders to Earle Baldwin with much treasure but his other two so●n●s Harold and Leofric sailed by Bristol into Ireland Moreover the King put away his Q●een Ed●tha for her Father Godwins sake thrust her into the Abbie of Warwel or Redwel without worship with one maid only to attend her committing her to the custody of the Abbess his own sister taking away all her substance without leaving her so much as one penny ne scilicet omnibus suis parentibus patriam suspirant●bus sola sterteret in pluma Harolds Earldom and County w●a bestowed on Algarus who ruled it nobly and he with good will resigned it up to Harold upon his returne These things being done William Duke of Normandy came to visit the King with a great multitude of Normans and Souldiers whom King Edward honorably received and magnificently entertained for a season carrying him about to all his royal Castles and Cities and at last sent back into Normandy with many and great presents bestowed on him and his followers De successione autem Regni spes adhuc aut men●io nulla facta inter eos fuit writes I●gulphus King Edward In Parliamento Pleno having in Plain or full Parliament as Radulphus Cestrensis Knighton de eventibus Angliae l. 1. c. 10. Trevisa and others relate thus banished and outlawed Godwin and his sons in which in condition as some write they continued two ful years Thereupon in the year 1052. Harold and Leofric by way of reveng coming out of Ireland with such ships and forces as they could there raise p●llaged the western parts of England ● infesting the shores with continual robberies carrying away rich booties
last invading Northumberland and joyning with the Danes against his own brother King Harold was there slain by him in battel with all his forces His daughter Queen Egitha besides her forementioned repudiation by King Edward and the imprisonment and disgraces put upon her by him for her Fathers sake was never carnally known by him as his wife out of a detestation to her Father Godwin because he would not ingender heirs to succeed him in the royal Throne out of the Race and séed of such a Traytor as many Historians assert ●ven so let all other such like perfidious Traytors their Posterities perish who imitate him and them in their Treasons Perjuries Rebellions and will not be warned nor reclaimed by his or their sad examples The same year Earl Godwin thus perished Rheese brother of Griffin King of Southwales was slain by King Edwards command and his head brought to Glocester to the King on the Vigil of Epiphany for his manifold Treasons rebellions and frequent depredations upon his English Subjects King Edward Anno 1054. commanded Sywar● the valiant Duke of Northumberland to invade Scotland with an Army of horse and a strong Navy to remove Mackbeoth K. of Scots to whom he had formerly given the Realm of Scotland to hold it of him and make Malcolm the King of Cumberlands Son King in his place Who thereupon entring Scotland with a puissant Army fought a set battle with Mackbeoth slew many thousands of the Scots and all the Normans who went to him out of England chased him out of Scotland then totally wasted and subdued by Syward and deprived him both of his Life and Realm Which being effected King Edward gave the Realm of Scotland to Malcolm to be held from and under himself Not long after Duke Syward being likely to die of a flux when he saw death approaching said What a shame is it that I who could not die in so many battels and warrs should be reserved to die with disgrace like a Cow Wherefore put upon me my impenetrable coat of male gird me with my sword set my helmet upon my head put my buckhandler in my left hand and my gilt battel-ax in my right hand that being the strongest of all Souldiers I may die like a Souldier Whereupon being thus armed as he commanded he said Thus it becomes a Souldier to die and not lying down in his bed like an Ox and so he most honourably gave up the Ghost But because Walt●of his Son was then but an in●ant his Earldom was given by the King to To●ti son of Earl Godwin ● whose Earldom after Godwins sudden death was bestowed on Harold and Harolds Earldom given to Algarus Earl of Chester Earldoms in that age being only for life not hereditary In the year 1055. King Edward Habito Londoniae Concilio holding a Parliamentary Councill at London banished Algarus Son of Earl Leofric quia de Proditione Regis in Concilio convictus fuerat because he had been convicted in the Council of Treason against the King as Henry Huntindon Bromtons Chronicle and Hygden record Yet Florentius Wigorniensis Simeon Dunelmensis Hoveden Henry de Knyghton and others write He was banished sine culpa without any crime Whereupon passing over into Ireland he soon after repaired with 18. piratical Ships to Griffin King of Wales requesting him to give him aid against King Edward Who thereupon forthwith assembling a very great Army out of all his Realm commanded Algarus to meet him and his Army with all his forces at a certain place where uniting their forces together they entred into Herefordshire to spoil and depopulate it Against whom timorous Earl Ralph King Edward● Sisters Son raising an Army and meeting them two miles from the City of Hereford commanded the English to fight on horseback contrary to their custom But when they were about to joyn battel the Earl with his French and Normans fled away first of all which the English perceiving followed their Captain in flying whom the Enemies pursuing slew four or five hundred of them and wounded many more and having gained the Victory took the City of Herford slew some of the Citizens carried away many of them captives annd having burnt and pillaged the City returned enriched with great booties The King being info●med of it commanded an Army to be presently assembled out of all England which meeting together at Glousester he made valiant Earl Harold their General who devoutly obeying his commands diligently pursued Griffin and Algarus and boldly entring into the coasts of Wales encamped at Straddle But they knowing him to be a valiant man not daring to fight with him fled into South-wales Upon which Harold leaving the greatest part of his Army there commanded them manfully to resist the Enemies if there were cause and returning with the rest of the multitude to Her●ford he enviro●ed it with a broad and deep trench and fortified it with gates and barrs At last Messengers passing between them and Harold they made a firm Peace betwee● them Whereupon Earl Algarus his Navy returning to Chester there exacted the wages he had promised them but he repairing to the King received his Earldom from him again This same year Herman Bishop of Salisbury requested of the King and almost obtained leave to remove his See from Ramesberg to the Monastery of Malmsbury sed Rege juxta Consilium Procerum id nolente he thereupon resigned his Bishoprick went beyond the Se●s and took upon him the habit of a Monk but repenting of his rashness he returned into England three years after and held the Bishopricks of Salisbury and Sherborne united together till the 9th year of King William the Conqueror In the year 1057. Prince Edward son of Edmond Ironside came out of Hungary where he had long lived an Exile into England being sent for thence by his Unkle King Edward who had decreed to make him heir to the Crown after himself but he died at London soon after his return leaving onely Edgar Athelin his son very young and two daughters Margaret and Christiana under the Kings custody and tuition This same year Earl Leofric at the request of his devout Noble Countess Godina freed the City of Coventry from a most grievous dishonest servitude and heavy Tribute wherewith he had formerly oppressed the Citizens being very much offended with them which though frequently importuned by her he would remit upon no other condition but this That his Lady Godina should ride naked through the street of the City from the one end of the market to the other when the people were there assembled Which she to obtain their Liberties from this Servitude and Tribute performed covering her self so with her long fair hair that she was seen and discerned by no body Where●pon the Earl her husband by his Charter exempted the Citizens of Coventry for ever from many payments which he formerly imposed and exacted from them the wisdom of which
his Predecessors and defrauded the Kingdom of them They adde hereunto that King Edrid had committed all his chief Houshold-stuff Plate Records and t●e Treasures of all the Realm with all the Magazines he had gotten to Dunstans custody and laid ●hem up in ●he Monastery at Glastonbury yea he committed his Kingdom body and Soul unto him So as all was wholly in Dunstans power who alone managed all the publick affairs of the Realm and exercised Regal Authority And when King Edred in his sicknesse demanded all his Housholdstuff Jewels Monies and Treasures from him Dunstan pretending to fetch them before he returned with them Dustan heard a voice as our Monkish Writers fable that Edred was dead in the Lord and thereupon detained them in his and his Monks custody being unwilling to part with them to young King Edwin his Successor whereupon he seised on them by force as of righ● belonging to him and expelled Dunstan with his Monks And so much the rather because Dunstan presumed most impudently and violently to rush into his Bed-chamber and pull him out forcibly thence on the very day of his Coronation contrary to all Christian and Princely ●odesty from the embraces of his beautifull and beloved Alfgina which some Monks and these Historians report to be his lawfull wife ●not his Concubine and not content therewith he excited Odo Archbishop of Canterbury publickly to divorce her from him some say for consanguinity only and others for other Reasons Whereupon the king betaking himself to his Concubines Odo suspended him from the Church excommunicated all his Concubines caused one of them whom the king best affected to be violently fetched out of the Court with armed Men branded her in the forehead with an hot Iron and then banished her into Ireland After which she returning into England Odo apprehended her the second time and cut off her Sinews at the Hock-bone All which intollerable Affronts so incensed Edwin that he banished and spoyled Dunstan with his Monks as aforesaid and threatned Odo with severe punishments none others in the Realm but these daring then to oppose him hereupon they formerly and then bearing the greatest sway by way of revenge and to preveut Edwins further fury against them stirred up the Mercians and Northumbrians to reject him and that in a tumultuous manner by force of Arme in which Uproar Edgar gained possession of half his Kingdom Matthew Parker and Sir Henry Spelman out of him subjoyns that by these civil dissentions raised between King Edwin and his Brother Edgar they much weakned the forces of the Realm in many set Battels fought between them till at last Edgar getting the better Convocato ad Branfordiam Regni concilio Fratris Edwini acta et decreta rescendit Assemblong a Council at Brandford he repealed all the Acts and Decrees of his Brother King Edwin restored to the Churches and Monasteries the Treasures he had taken from them recalled Dunstan from his former banishment and made him first Bishop of Worcester then of London and last of all of Canterbury Henry de Knyghton a Canon of the Abbey of Leicester relates out of the History of Leicester Abbey That Edwin being expulsed and shamefully thrust out of his kingdom for his evil life and exorbitant actions done against the Church the Monarchy of England continued void above a year Whereupon many murders and wickednesses were committed and infinite mischiefs happened amonst the people for want of Government until holy men both of the Clergy and People deeply affected therewith humbled themselves and uncessantly repented of their sins and prayed day and night to God that he would hear them and mercifully relieve them in so great necessity giving them such a King who might govern the Realm of England in such sort as might redound to the honour of God and profit of the Realm That God beholding their prayers from on high in the night silence this voice was heard from God That they should crown Edgar King though but then a youth who rejoyced with this Divine Oracle most likely by the Monks and Dunstans Legerdemain the Divine Oracle that uttered it speedily advanced Edgar to be King being but 16 years old and so he was elected and crowned King by a divine Oracle which never hapned to any King of England in former times Upon Edgars Coronation and Dunstans restitution An. 959. K. Edwin reigning in a decayed Estate living in little Esteem and wi●hout being desired for very grie● thereof as some write he died after he had for 4 years space Libidinosiè simul Tyrannicè lustfully and also Tyrannically depressed the Realm of England Others a●firm that he was deprived both of his Life and Kingdom by the Rebellion of his Subjects But his Monkish O●posi●es record that he was taken away by an untimely Death by Gods Iust Iudgement in the year of our Lord 959. Whereupon his Brother Edgar ab omni populo electus being elected king by all the people united the kingdom into one and obtained the intire Monarchy of the Realm the kings of Cumberland Scotland and Wales ● voluntarily submitting and doing homage to him without any effusion of blood or war King Edgar About the year of our Lord 963. contrived the death of Earl Ethelwald who as some Authors aver against his trust had cheated him of Elfrida only Daughter of Ordgarus Duke of Devonshire the Paragon of her Sex by disparaging her beauty to the king and marrying her to himself After which the king being extraordinarily ravished with the true reporr and sight of her transcendent beauty thereupon as Bromtons Chronicle relates statim post octo dies Rex Parliamentum suum apud Sarisberiam convocavit Ubi cunctis suis Proceribus congregatis de custodia terrae Northumbriae qualiter contra ingressum Danorum melius posset custodiri tractaverunt inter quos Ethelwolfus ad Custodiam Eboraci patriae adjacentis in illo erat Concilio deputatus A clear Evidence That Matters of defence against Common Enemies and Guardians of the Sea-coasts against the Danes Invasions were then debated and setled by the King and his Nobles in Parl. then usually summoned by our Kings for that end Hereupon Earl Ethelwolfe travelling through the Forrest of Werewell towards his new VVardship was there cruelly assaul●ed and murdered by some unknown armed per●ons there placed in ambuscado by the king as was commonly reported and as some relate by king Edgar himself who shot him through with an Arrow as they were there hunting together The slain Earls Bastard-Son being ●here present beholding his dead Corps the king demanded of him how such a hunting pleased him who answered very well my Lord and King for that which please●h you ought not to displease me which answer ●o pacified this kings swelling mind that he loved no person more entirely all his life than this Young man Tyrannici facti offensam in Patrem sedulitate Regiâ in filium allevans writes
to be preserved and educ●ted Cnute having thus through the flattery perjury and treachery of the Euglish Prelates and Nobles ●ained the intire Monarchy of England● slew or banished all those perfidious English Sycophants temporizers who had the chiefest hand in this false testimony abjuration treacherous bloudy advice against the Saxon Royal Family ●y whose Cou●cel he slew or banishe● all the blood-royal of the Realm of England that so he migh● Iure Haereditario reserve and perpetuate the kingdom to his own Posterity by an hereditary right Duke Edric the principal of them for this and his other Treasons forementioned was deprived of his Dukedom of Mercia and exemplarily executed as a most perfidious Traytor by Cnutes command the first year of his reign and many of his Captains and followers were slain with him of which at large before Mor●●m Proditori● pro demeritis accepit laqueo suspensus et in Tamesin fluvium projectus Cum quo plurimis sattellitum suorum similiter occisis e●iam inter eos praecipuus et primus Normannus occisus est writes Abbot Ingulphus Turkell Duke of East-England and Hirc Duke of Northumberland were both banished the Realm Duke Norman and Bridric slain and a heavy Tax of 82 Thousand pounds besides 10000 pounds imposed on London alone imposed and levied on the whole Nation Quoniam igitur proprii sanguinis proditores adulantes Regi menti●i sun● in caput suum gladiu● eorum intravit in cor eorum et à Cnutho quem naturalibus Dominis praetulerunt confractus e●t arcus eoru● Cum 〈◊〉 Monarchiam Insulae faven●ibus illis ob●inui●●e● Omnes qui primi in illo fuere consilio exterminavit et q●o●quo● de regio Semine ●uperstites reperit vel regno repulit vel occidit as Abbot Ethelred records to pos●e●ity To which Henry Huntindon and Henr● de Knyghton subjo●n Posteà vero Rex justo Dei judicio dignam retributionem nequitiae Anglis reddidit Ipse namque Rex Cnu●e Edricum occidit quia timebat ab insidi●s ab eo aliquando circumveniri sicut Domini sui priores Ethelredus Edmondus frequenter sunt circumventi quorum diutina proditione alterum vexavit alterum interfecit add ●lorentius Wigorni●nsis Simeon Dunelmensis Roger de Hoveden and Radulphus de Diceto Turkellum exulavit Hirc fugere compulit Praeterea summos Procerum aggressus Normannum Ducem interfecit Edwi Adeling exterminavit Adelwoldum detruncavit Edwi Churleging exulavit Birdric ferro vita privavit Aethelwardus filius Agelmari Ducis et Brihtricus filius Alphegi Domnaniensis Satrapae sin● culpa interfecti sunt Fecit quoque per Angliam mirabilem Censum reddi scilicet 82. some write 72. mille librarum praeter undecies mille libri● quas Londinensis reddiderunt Dignum igitur exactorem Dominus Iustus Anglis imposuit for rejecting their own Hereditary Soveraign Line Radulphus Cestrensis englished by Trevisa Fabian and Grafton thus second them Also they swore that they would in all wise put off Edmonds kinn They trowed thereby to be great with the King afterward but it fared farr otherwise For many or the more part of them specially such as Canutus perceived were sworn be●ore to Edmond and his heirs he mistrusted and disdain●d ever after Therefore some of them were slain by Gods rightfull dome and some banished and exiled and put out of the land and some by Gods punishment died suddenly and came to a miserable end which other of our Historians likewise register I shall desire all such who are guilty of the like Treachery Flattery Practice or Advice against their lawfull Sovereigns royal Posterity advisedly to ponder this sad domestick President in their most retired Meditations for fear they incur the like divine retaliation by Gods rightful doom when and by whom they least ●uspect or fear it King Cnute thus quit of all King Edmonds Sons Brethren kinred and likewise of the greatest English Dukes and Nobles who might endanger his Life Crown and new-acquired Monarchy in the next place contrived how to secure his Empire against Prince Alfred and Edward Edmonds Bro●hers then in Normandy with Queen Emma their Mother and their Uncle Richard Duke of Normandy a person of great valour power and interest the only person likely to attempt their restitution to the kingdom and Crown of England For which end he by gifts Ambassies and fair promises procures Earl Richards consent to bestow his Sister Queen Emma upon him for his wife who ariving in England in July 1018. was presently maried to this Invader of her former Husbands kingdom his sons royal throne and murderer banisher dishinheriter of his and her royal Posterity whereby her Brother Duke Richards thoughts were wholly diverted from ayding his Nephews to recover their right in England Ex hinc cum C●utoni omnia pro voto cessissent timens Ne Haeres legitimus Regnum quod sibi de Iure debebatur a●●quando Normanica fretus vir●u●● Reposceret ●t Ducis sibi arctius colligaret affectum Emmam ●efuncti Regis relictam duxit uxorem Whereupon De illorum Elfredi Edwardi restitutione Richardū avunculum nihil egisse comperimus quia et sororem suam Emmam hosti et invasori nuptam collocav●t Ignores majori illius dedecore qui dederit a● f●minae quae conse● serat ut thalamo illius c●leret qui vi●um infestaverit filios effugaverit is Malmesbury his observation and censure thereupon Only their Uncle Robert attemp●ed their ●estitution Congregatis navibus et impositis militibus profectionem paravit subinde jactitans se pronepotes suos coronaturum et proculdudio fidem dictis explesset nisi quia ut à majoribus accepimus semper ●i ventus adversabatur eontrarius per occultum scilicet Dei judicium in cujus voluntate sunt potestates omnium regnorum Reliquiae navium multo tempore dissolutarum Rothomagi adhuc nostra aetate visebantur writes Malmsbury By this match with Queen Emma as Cnute took off Duke Richard from yielding any assistance to his Nephews in hopes his sister might have issue by him to inherit the Crown of E●gland it being agreed between them on the marriage that the issue of Cnute begotten on her should inherit the Crown so it much obliged the English to him and made them more willing to submit to his Government ut dum consuetae Dominae deferrent obsequium minus Danorum suspirarent Imperium the rather because they much honoured and affected her for her manifold vertues of which they had long former experience and likewise because they hoped it might be a meanes to restore Ethelreds issue by her to the Crown again in case she had no issue by Cnute to inherit it which in truth it effected by Gods providence contrary to Cnutes design After this mariage this politick Forein Intruder to establish his Monarchy over England endeavoured to reconcile the English to him by all other
sibi interposita fide sua pollicitum fuisse quod si Rex Angliae foret Ius regni in illum Iure Haereditario transferret subdens ait tu quoque si mihi te in hoc ipso adminiculaturum sposponderis et insuper castellum Dofris cum pute● aquae ad opus meum te facturum sororemque tuam uni de Principibus meis dederis in uxorem te ad m● t●mpore quo nobis conveniet destinaturum nec non filiam meam in c●njugem accepturum promiseris tunc et modo nepotem tuum et cum in Angliam venero regnaturus fratrem tuum incolumem recipies in quo regno si tuo favore confirmatus fuero spondeo quod omne quod à me rationabiliter tibi postulaveris obtinebis Hereupon Harold perceiving danger on every side and not knowing how to escape unless he condescended to Williams will in all things he thereupon consented to his requests But he that all things might be ratified bringing forth the reliques of Saints brought Harold to this That he should swear upon them that he would actually perform all things which they had agreed between them These things thus done Harold receiving his Nephew returned into his Country where he related to the King upon his demand what had happened and what hee had done Who said Did I not tell thee I knew William and that many mischiefs might happen to this kingdom in thy journey I foresee in this thy deed that great calamities will come upon our Nation which I beseech God of his infinite mercy to grant that they may not happen in my dayes Mr. Fox relating this story more briefly concludes thus Whereby it may be ●athered That King Edward was right willing that Duke William should reign after him and also it seemeth not unlike but that he had given him his promise thereunto before The same Hoveden Annalium pars posterior p. 608 609 610. reciting the Laws of King Edward confirmed by King William after he got the Crown records these passages intermixed with them That King Edward retained his Cosen Edwards son Edgar with him and nourished him for his Son and because he thought to make him his Heir he named him Adeling which we call a Little Lord. But King Edward so soon as he knew the wickednesse of his Nation and especially the pride of the Sons of Godwin of Harold who after invaded the Kingdom Estigurt Lefwin and others of his Brothers imagining that what he had purposed concerning Edgar could not possibly be stable Adoptavit Willielmum Ducem Normannorum in regnum adopted William Duke of Normandy to succeed him in the R●alm William I say the bastard the son of Robert his Uncle a valiant warlike and stout man Who afte●ward● by Gods assistance by vanquishing the foresaid Harold son of Godwin victoriously obtained the Re●lm o● England To which he subjoyns That Edward wanting issue sent R●bert Archbishop of Canterbury to his Cosen William Duke of Normandy de Regno eum constituit Haeredem and made him heir of the Kingdom yea after him he sent Earl Harold and He invaded the Realm He further Records That when King William would have altered the Laws of England presented to him upon Oath in the 4th year of his reign but in one point Universi compatriotae qui leges edixerant tristes effecti c. tandem cum prosecuti sunt deprecantes quatenus pro anima Regis Edwardi qui ei post diem suum concesserat Coronam et Regnum et cujus erant Leges that he would not alter the Laws herein whereupon he consented to their request Thomas of Walsingham thus registers the fact Edwardus Rex Anglorum prolis successione carens olim miserat Duci Robertum Archiepiscopum Cantuar. statuens illum haeredem Regni a Deo sibi attributi Sed et Haroldum ipse postmodum destinavit qui fuit maximus Comitum regni sui in honore dominatione et divitiis ut ei de Corona sua fidelitatem faceret ac Christiano more Sacramentis confirmaret Qui dum ob hoc negotii venire contenderet velificato freto Porti Pontnium appulit ubi in manus Widonis Abbatis villae S. Abvile Comitis incidit quem idem Comes captum cum suis con●estim in custodiam trusit Quod ut Dux comperit missis Legatis violenter illum extorsit quem aliquandiu secum morat● facto fidelitate de regno pluribus Sacramentis cum muneribus multis Regi remisit Denique Rex Edwardus completo termino foelicis vitae c. migravit a saeculo Cujus regnum Haroldus continuo invasit ex fidelitate pejuratus quam Duci Iuraverat Ad quem Legatos direxit protinus hortans ut ab hac vesania resipisceret fidem quam Iuramento sposponderat cum digna subjectione servare● Sed ille hoc non solum audire contempsit veru● omnem ab illo Anglorum gentem infideliter avertit c. Chronicon Iohannis Bromton Col. 945. relates That King Edward purposed to make Edgar whom he had nourished as his Son heir of England Sed ut quidam aiunt Rex gentis suae m●litiam et praecipuè superbiam Haroldi filii Godwini ●t aliorum divina demonstratione praevidens percepit quod proposi●um suum quoad ipsum Edgarum cognatum suum de regno post eum obtinendo minime potuit adimplere unde Willielmo cognato suo Normannorum Duci Regnum post eum optinendum per solennes nuncios assignavit And Col. 957. he adds Some say that King Edward before his death had appointed William to succeed him according t● the promise which the said King had made him when he was a young man living in Normandy that he should succeed him in the Kingdom concerning which as some write he had sent solemn Messengers to him into Normandy The like is affirmed almost in the sa●e words by Henry de Knyghton de Eventibus Angliae l. 1. c 15. col 2238. and by Fabian C●xton Cambden Holinshed Grafton Speed Daniel Stow Vestegan and other modern Historians Matthew Paris in the beginning of his History of England p. 1. relates Harolds driving into Pountois● by storm as he was taking his pleasure at Sea his presenting to Duke William his espousals to his daughter under age which he ratified by Oath taken upon the reliques of Saints adding Iuravit insuper se post m●●tem Regis Edwardi qui jam senuit sine liberis Regnum Angliae Duci qui in Regnum jus habuit fideliter conservaturum Consummatis igitur aliquot diebus cum summa lae●itia amplis muneribus ditatus in Angliam reversus est Haroldus Sed cum in tuto constitueretur jactabat se laqueos evasisse Hostiles Perjurii crimen eligendo And Anno 1257. Writing of the Lay Peers of France whereof the Duke of Normandy is first he hath this passage Rex Angliae Dux est de jure Normanniae sanguinis derivatione geneali Rex ex
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 adher●nts not to create a Title to the Realm by his and their Conquest but to remove a U●surper who invaded it without and against all right and to gain the actual possession thereof by arms● from which he was unjustly withheld by force against those pretended lawfull Titles which he made So that he got not the Right Title but only the actual possession of the Crown by his Sword not as a universal Conqueror of the Realm without right or Title but as if he had been immediate heir and lawfull Successour to the Confessor who designed him to succeed him For ●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 h●ir in the kingdom of England 2ly In his Charter to the Church of Westminst●r he resolves as much in direct terms where he recites In ore gladii Regnum adeptus sum Anglorum devict● Haroldo rege Cum suis complicibus qui mihi Regnum cum providentia Dei destinatum b●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 ● QUI EDWARDO REGI HAEREDITARIO JURE SUCCESCIT I● 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 ado●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 con●ract and designation from King Edward as his Kinsman as an heir who forcibly outs a dis●eisor and intruder comes in by Ti●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 Conquestu● in respect of actual possession et clameo subscripto in respect of Title by claim by gift from King Edward Ideo Rex which claim and Title being backed by the unanimous election of the Prelates Clergy Nobility● People and right heir to the Crown himself who all submitted and sware homage fealty and allegiance to him as their lawfull King● infallibly demonstrate him to be no Conquerour in respect of Title in a strict legal military sense even in the judgement of those antient and modern Historians who give him that Title but only in regard of Harold and his party and the actual possession which he got by conquest And in this sense alone is that Distick in the Chronicle of Bromton to be understood Dux Normannorum Willielmus vi validorum Rex est Anglorum Bello Conquestor eorum 6ly Our Great Antiquary Richard Vestegan in his Restitutions of d●cayed A●tiquities learned Mr. Iohn Selden in his Review of the Hist. of Tithes p. 482 483. Sir Iohn Hayward in the li●e of King VVilli●m the first Mr. Nathaniel Bacon in his first part of his Historical Discours● of the uniformity of the Governme●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
Guthurn the Dane reconfirmed the Civil and Ecclesiastical Laws formerly made and ratified by his Father King Alfred and Guthurn But Guthurn dying in the year 890 full eleven years before this Edward was king could not possibly ratifie these Laws at the time of this Accord being 16 years after his decease as the Title and Prologue to those Laws in Mr. Lambard and Spelman erroneously affirm wherefore I conceive that this confirmation of these Laws was rather made in the year 921. when all our Historians record that after king Edward Anno 910. had sent an army into Northumberland against the perfidious and rebellious Danes slain and taken many of them Prisoners and miserably wasted their Country for 4 days space for breaking their former Agreement with him after his Sister Aegelfled An. 919. had forced the Danes at York to agree and swear that they would submit to her and her Brothers pleasure in all things and after Edward had vanquished the other Danes Scotch and Welsh in many Battles thereupon in the year 921. the king of Scots with al● his Nation Stredded king of Wales with all his people et Regnaldus or Reginaldus Reginald King of the Danes with all the English and Danes inhabiting Northumberland of which Reginald then was King comming to King Edward An. 921. submitted themselves unto him elected him for their Father and Lord and made a firm Covenant with him ● And therefore I conjecture that Guthurnus in the Title and Preface of these Laws is either mistaken or else mis-written for Reginaldus then King of these Northern Danes who had no King in the year 906 that I can read of in our Historians Abbot Ethelred gives this Encomium of this Kings transcendent modesty and justice Rex Edwardus vir mansuetus et pius omnibus amabilis et affabilis adeò omnium in se provocabat affectum ut Scotti Cumbri Walenses Northumbri et qui remanserant Daci eum non tàm in Dominum ac Regem quam in Patrem eum omni devotione eligerent Tanta dehinc Modestia regebat Subditos tanta Justitia inter proximum et proximum iudicabat ut contra veritatem non dico nihil velle sed nec posse videretur unde fertur quibusdam iratus dixisse dico vobis si possem vicem vobis redidissem Quid non posset Rex iu Subditos Dominus in Servos Potens in infirmos Dux in milites Sed quicquid non dictabat aequitas quicquid veritati repugnabat quicquid non permittebat Justitia quicquid Regiam mansuetudinem non decebat Sibi credebat impossibile I wish all our modern domineering Grandees would imitate his presidential Royal Example Yet I read of one injurious Act done by him After the decease of his renowned Sister Elfleda Queen of Mercia Anno 920. he dis-inherited her only Daughter Alfwen or Elwyn his own Neece of the Dominion of all Mercia who held that Kingdom after her Mother seising and Garrisoning Tamesworth and Nottingham first and then disseising her of all Mercia uniting it to his own Realms and removing her thence into West-Sex Magis ●eurans an utilit●r vel inutilitèr Quan an justè vel injust● Writes Henry Hunting●o● which in●rious action Si violanda sit fides regni ca●sâ violandae will not excuse The Chronicle of Bromton records that King Edward as he inlarged the bounds of his Kingdom more than his Father So Leges condidit he likewise made Laws to gove●n it which are there registred to Posterity in two parcels as made at several times but in what year of his Reign this was it informs us not The first of these Laws declaring his zeal to publick Justice according to the Laws then in Force is this Edwardus Rex mandat et praecipit omnibus Praefectis et Amicis suis ut Justa ●udicia judicent quam rectiora possint Et in judicial● Libro stant ● nec parcant nec dissimulent ●pro aliquâ Re Populi Rectum et jus publicum recita●e et unumquodque placitum terminum habeat quando peragatur quod tunc recitabitur The first Chapter of the second part of his Laws intimates that they were made by his W●se men assembled in a Parliamentary Council at Exeter witness the contents thereof Edwardus Rex admonuit Omnes Sapientes quando fuerunt Exoniae ut investigarent simul et quaererent quomodo pax eorum melior esse possit quàm anteà fuit quia visumest ei quod hoc impletum sit aliter quam deceret et quam ante ●praecepisset Inquisivit itaque qui ad emendationem velint redire et in societate permanero quâ ipse sit et amare quod amat et nolle quod nolit in Mari in Terrâ Hoc est tunc Ne Quisquam rectum difforceat alicui Siquis hoc faciat emendet sicut supra dictum est In his first Laws then either made or rehearsed prima vice 30 s. secundâ fimilitèr ad tertiam vicem 120 s. Regi The last Chapter being the VIII in Bromtons translation but the XI in the Saxon Coppy is this Volo ut omnis Praepositus habeat Gemotum an Hundred Court semper ad quatuor hebdomadas et efficiat ut omnis homo rectum habeat et omne placitum capiat terminum quando perveniat ad finem Siquis hoc excipiat emendet sicut antè dictum est King Edward deceasing Aethelstan his eldest Son designed by his Fathers Will to succeed him was elected King at Winchester in the year 924. Magno Optimatum consensu et omnium favore and so●emnly Crowned at Kingston only one Alfred and some factious ones opposed his election pretending he was illegitimate and born of a Concubine whereupon they would have set up his Brothe● Edwin being legitimate and next heir as they pretended whom the Generality of the Nobles rejected nondum ad regnandum propter teneros Annos Idon●o Aethelstan after his Coronation knowing his Brother to be born in lawfull Matrimony and fearing Ne per ipsum quandoque Regni solio privaretur lest he should be some time or other deprived of his kingdom by him hated him extremely and at the sollicitation of some Parasites whereof his Cup-bearer was the chief to be rid of him and this his fear he caused young Edwin attended only with one Page to be put into an old broken Boat in the midst of the Sea without Sail Oare or Pilate that so his death might be imputed to the waves out off which Boat the young Prince in discontent cast himself head-long into the Sea or rather the Page threw him head-long over-board and so was he drowned● But the Page recovering his body by rowing with his hands and feet brought it to Land where it was in●erred The King was hereat so ●roubed with a real or feigned contrition for this barbarous bloudy fact that he did seven years voluntary penance for this his fratricide and adjudged his Cup-bearer to