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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91297	The third part of a seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, laws, government of all English freemen; with a chronological collection of their strenuous defenses, by wars, and otherwise: of all great Parliamentary Councills, synods, and chief laws, charters, proceedings in them; of the publike revolutions of state, with the sins and vices occasioning them; and the exemplary judgements of God upon tyrants, oppressors, perjured perfidious traitors, rebels, regicides, usurpers, during the reigns o [sic] four Saxon and Danish Kings, from the year of our Lord 600. till the coronation of William the Norman, anno 1066. Collected out of our antientest, and best historians, with brief usefull observations on and from them. / By William Prynne esq; a bencher of Lincolns Inne.; Seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen. Part 3	Prynne, William, 1600-1669.	1657 (1657)	Wing P4102; Thomason E905_1; ESTC R207432	279,958	400

eum obtinendo minime potuit adimplere unde Willielmo cognato suo Normannorum Duci Regnum post eum optinendum per solennes nuncios assignavit And Col. 957. he adds Some say that King Edward before his death had appointed William to succeed him according to the promise which the said King had made him when he was a young man living in Normandy that he should succeed him in the Kingdom concerning which as some write he had sent solemn Messengers to him into Normandy The like is affirmed almost in the same words by Henry de Knyghton de Eventibus Angliae l. 1. c 15. col 2238. and by Fabian Caxton Cambden Holinshed Grafton Speed Daniel Stow Vestegan and other modern Historians Matthew Paris in the beginning of his History of England p. 1. relates Harolds driving into Pountoise by storm as he was taking his pleasure at Sea his presenting to Duke William his espousals to his daughter under age which he ratified by Oath taken upon the reliques of Saints adding Juravit insuper se post mortem Regis Edwardi qui jam senuit sine liberis Regnum Angliae Duci qui in Regnum jus habuit fideliter conservaturum Consummatis igitur aliquot diebus cum summa laetitia amplis muneribus ditatus in Angliam reversus est Haroldus Sed cum in tuto constitueretur jactabat se laqueos evasiss● H●stiles Perjurii crimen eligendo And Anno 1257. Writing of the Lay Peers of France whereof the Duke of Normandy is first he hath this passage Rex Angliae Dux est de jure Normanniae sanguinis deriva●ione geneali Rex ex conquestu dicitur tamen quod beatus Edwardus ●o quod haerede caruit Regnum legavit Willielmo Bastardo Duci Normannorum Sed hoc robore asseruitur caruisse quia hoc fecit in lecto Lethali et sine Baronagii sui commnni consensu By all which Testimonies as likewise by the express relations of Mr. Cambden in his Britannia p. 144 145. Richard Verstegan his Restitution of decayed Antiquities Matthew Parker his Antiquitates Ecclesiae B●itanniae p. 88. Mr. Seldens Review of his History of Tithes p. 482 483. it is apparent that King Edward whiles he was in Normandy before he was King upon Duke Williams repairing into England to him after he was King by several Messengers and Hostages sent to him in his old age and in his very death-bed appointed Duke William to be both his successor and heir to the Crown of England and that Harold either voluntarily as purposely sent by King Edward or craftily upon pretence he was sent by him to work his own enlargement and his Nephews or upon Williams motion to him voluntarily swore that he would faithfully preserve the Crown and Realm of England for him after King Edwards death who had appointed him to succeed him as his heir next kinsman by the mothers side and that he intended to dishinherit his Cosen Edgar Atheling of it though next heir to it by reason of his minority unfitness and indisposition both of body and minde to sway the Scepter of the Realm King Edward having finished his Abby of Westminster and endowed it with ample lands and privileges by three several Charters by the advice and assent of all his Bishops and Nobles as aforesaid Anno 1066 caused it to be solemnly consecrated on Innocents day with great solemnity but falling sick in the midst of these festival Solemnities of its dedication he betook himself to his bed where continuing speechlesse for two days space together on the third day giving a great groan and arising as it were from the dead he related to those then about him a Vision he had seen touching the State of England Namely that two religious Monks he had formerly known in Normandy dead many years before were sent unto him with this message declaring the Corruptions and Vices both of the Clergy Nobility Gentry and People of England and the judgements ready to fall upon them for the same Which Matthew Westminster thus relates Quoniam Primores Angliae Duces Episcopi Abbates non sunt Ministri Dei sed Diaboli tradidit Deus hoc regnum uno anno et die uno in manu inimici Daemonesque terram hanc totam pervagabunt Abbot Ailred thus records it Impletum dicunt Anglorum nequitiam iniquitas consummata iram provocat accelerat vind●ctam Sacerdotes praevaricati sunt pactum Domini polluto pectore manibus iniquitatis sancta contrectant non Pastores sed Mercenarii exponunt lupis oves non protegunt lac lanam quaerunt non oves ut detrusos ad inferos mors pastores depascat et oves Sed et Principes terrae infideles Sociae surum PRAEDONES PATRIAE quibus nec Deus timori est NEC LEX HONORI quibus veritas oneri JUS CONTEMPTUI CRUDELITAS DELECTATIONI Itaque NEC SERVANT PRAELATI JUSTITIAM nec subditi disciplinam Et ecce Dominus gladium suum vibravit arcum suum tetendit et paravit illum ostendet deinceps populo hinc iram indignationē immissiones insuper per Angelos malos quibus traditi sunt anno uno die uno igne simul et gladio puniendi The King groaning and sighing for this calamity that was ready to fall upon his people demanded of the Monks Whether if they repented of their sins upon his admonition to them God would not pardon them and remove his judgements as he did from the Ninivites They replied That God would by no means receive them into his favour because the heart of this people was hardned and their eyes blinded and their ears deafned that they would not hear reproof nor understand admonition nor be terrified with threatnings nor provoked with his late benefits The King thereupon demanded Whether God would be angry for ever Whether he would be any more intreated and when they might hope for a release of so great calamities To which they replyed That if a green tree cut in the midst and carried a great space from the stock could without any help reunite it self to the root and grow again and bring forth fruit then might the remission of such evils be hoped for The veritie of which Prophecy add our Historians the Englishmen experimentally felt namely That England should be an habitation of strangers and a Domination of Foreiners because a little space after scarce any Englishman was either a King a Duke Bishop or Abbot neither was there any hope also of the end of this misety King Edward after his relation of this Vision to the Nobles and Prelates then about him yielded up the Ghost and died without issue on Epiphany Eve An. 1066. and was solemnly interred the next day in Westminster Abbey the royal line of the Saxon Kings ending in him which had continued from Cerdic the first King of the West-Saxons for 571. years without interruption except by some Danish Usurpers who for

the Sins of the English reigned for some years over them with rigour and were soon cut off by death CHAPTER 6. Comprising the Historical Passages relating to the Parliamentary Councils Lawes Liberties Properties Rights Government of England Anno 1066. under the Short reign of the Usurper King Harold till the Coronation of King William the First falsly surnamed The Conquerour though never claiming the Crown by Conquest but Title KIng Edward deceasing without any issue of his body to succeed him refusing all carnal copulation with his Queen either out of a vowed virginity as most Historians conclude or out of a detestation of Earl Godwins Trayterous race quod Rex Religiosus de genere proditoris haeredes qui sibi succederent corrupto semine Regio noluerit procreari as Ingulphus Matthew Westminster and others record thereby exposed the kingdom for a prey to the ambitious Pretenders aspiring after it Upon which consideration praesentiebant plures in ejus morte desolationem Patriae Plebis exterminium totius Anglia Nobilitatis excidium finem libertatis honoris ruinam as Abbot Ailred informs us The English Prelates and Nobles being then all assembled at Westminster to the solemn consecration of the Abbey were much perplexed and the generality of the people exceedingly grieved at his death For although he were Vir propter morum simplicitatem parum Imperio idoneus yet he was Deo devotus ideoque ab eo directus Denique eo regnante nullus tumultus domesticus qui non cito comprimeretur nullum bellum forinsecus omnia domi forisque quieta omnia tranquilla quod eo magis stupendum quia ita se mansuete ageret ut nec viles homunculos verbo laedere noscet Nam dum quadam vice venatum isset et agrest is quidem stabulata illa quibus in casses cervi urgentur confudisset ille sua nobili percitus ira per Deum inquit et Matrem ejus tantundem tibi nocebo si potero Egregius animus quise regem in talibus non meminisset nec abjectae conditionis homini se posse nocere putaret Erat interea ejus apud domesticos reverentia vehemens apud exteros metus ingens fovebat profecto ejus simplicitatem Deus ut posset timeri qui nesciret irasci No wonder then if his death were much lamented by all his Subjects cum omnes et in Rege cernerent unde gauderent et in se sentirent unde dolerent The English Nobility were much troubled and divided in their minds and affections which were wavering touching the election of a fit person to succeed him Fluctuabant Proceres Regni quem sibi Regem praeficerent et Rectorem Many of them favoured William Duke of Normandy as specially designed by King Edward to succeed him others of them inclined to Prince Edgar Atheling as the next and right heir to the Crown Cui de Iure debebatur Others of them favored Harold Earl Godwins son as being a person then of greatest Power and Valour in the Realm Anglia dubio favore nutabat cui se Rectori committeret incerta an Haraldo an Willielmo an Edgaro Nam illum pro genere proximum regno Proceribus Rex commendaverat Harold being a crafty subtil man knowing that delayes were hurtfull to those who were prepared on the very day of Epiphany whereon King Edward was buried having the command of all the Militia and forces of the Realm as General and Vice-roy to the deceased King by the strength of himself and his kinred and friends invaded and seized upon the royal Crown and then presently set it upon his own head crowning himself King without any Title Right or due Election by the Nobles or Coronation by the Bishops whereby he incurred the hatred both of the English Prelates and Pope and then extorted allegeance from the Nobles as William of Malmsbury Matthew Paris Ing●lphus Henry Huntindon Matthew Westminster the Chronicle of Bromton Knyghton Caxton Mr. Fox Speed and some others attest But Marianus Scotus Florent Wigorniensis Roger de Hoveden Sim. Dunelm Radulfus de Diceto Eadmerus Hygden Fabian Grafton with others write in favour of Harold that King Edward before his death made him not only his General but Vice-roy and ordained that he should be King after him Whereupon A totius Angliae Primatibus ad regale culmen electus he was elected to be King by all the Nobles of England and solemnly consecrated and crowned King by Aldred Archbishop of Yorke And so Juxta quod ante mortem Edwardus statuerat in Regnum ei successit Haroldus writes l Eadmerus That King Edward designed him for his Successor in the Crown seems very improbable because Harold himself never alleged nor pretended it in any of his Answers to Duke Williams Embassadors to him who claimed the Crown by his speciall bequest and designation in his life-time and because King Edwards hatred to Godwin and his Posterity seems inconsistent with it William of Malmsbury an impartial disingaged Author living in or near that time gives us this determination of these diffrent relations Recenti adhuc regalis funeris luctu Haroldus ipso Theophaniae die extorta a Principibus fide arripuit Diadema quamvis Angli dicant a Rege concessum quod tamen magis benevolentia quam judicio allegari existimo ut illi haereditatem transfunderet suam cujus semper suspectam habuerat potentiam Quamvis ut non celetur veritas pro persona quam gerebat regnum prudentiae fortitudine gubernaret si legitime suscepiscet Abbot Ingulphus living at that time thus relates his intrusion into the Throne against his Oath In crastino Regii funeris Comes Haroldus contrasuum statum jusjurandum contempt●r praestilae fidei ac nequiter oblitus sui Sacramenti Throno Regio se intrusit yet adds per Archiepiscopum Eboracae Aldredum solenniter coronatus Henry Huntindon thus records it Quidem Anglorum Edgar Adeling promovere v●lebant in Regem Haroldus vero viribus et genere fretus Regni Diadema invasit The Chronicle of Bromton and Knyghton thus give us the story of it Sancte Edwardo rege et Confessore mortuo quidam Anglorum Magnates Edgarum Adelynge filium Edwardi filii Regis Edmondi Ironside in Regem promovere moliebantur sed quia puer erat et tanto oneri minus idon●us et in bursa minus refertus Haroldus Comes viribus et genere fretus Cui erat Mens astutior crumena fecundior et miles copiosior et pompis gloriosior sinistro omine Regnum occupavit et contra Sacramentum quod Willielmo Duci Normanniae praestiterat Regni Diadema sinistro omine illico invasit et sic perjurus sancto Edwardo successit juxta quod idem Edwardus ut quidam aiunt ante mortem suam statuerat promissione quam idem Rex dum juvenis in Normannia extitit dicto Willielmo de succedendo post cum in regnum fecerat

with the Second part as a branch thereof above two years since but that the Stationer then kept it back for fear it should swell that Part overbigg for his present Sal● whereby th● bulk of this Third Part is now augm●nted beyond its first intended proportion which all Readers may do well to binde up with the two former parts to which it hath special relation more particularly to the ten Propositions in the First Part to which the Proposition figures in the margin refer The most of that large tract of 450. years space I have here Chronologically run through was spent either in bloody intestine wars between our Saxon Kings themselves or the Welsh Buitons warring upon and against each other or else in defensive Wars both by Land and Sea against the invading bloody p●●●dening Danes Norwegians Scots Normans and other Foreign Nations During which Military seasons Religion Devotion Piety Law Iustice Parliamentary Councills Synods and just Government are usually cast a side and quite trampled under foot yet it is very observabl● for the perpetual honour of our Kingdom and Kings that as during the reign of our antient British Kings before the Saxon race here seated our Kingdome of Brittain produced Lucius the first Christian King Helena the first Christian Queen and Constantine the great her son the first Christian Emperour in the world who publickly imbraced professed countenanced propagated the faith and Gospel of Iesus Christ and abolished Pagan Idolatry in their Dominions And of later times as our English Realm brought forth King Henry the 8th the first Christian King in the world who by Acts of Parliament abolished the Popes usurped power and jurisdiction out of his Dominions King Edward the sixth his son the first Christian King and Queen Elizabeth the first Christian Queen we read of in the world who totally abolished suppressed Popery banished it their kingdoms and established the publike Profession of the Protestant Religion by publike Statutes made in their Parliaments So during the reigns of our Saxon Kings after they turned Christians this Realm of England procreated more devout holy pious just and righteous Kings eminent for their piety justice excellent Ecclesiastical and Civil Laws transcendent bounty to the Church Clergy and Martyrdom for the defence of Religion and their Country against Pagan Invaders than any one Kingdom throughout the World There being no less then 15 or 16 of our Saxon Kings and 13 Queens within 200 years space who out of piety devotion and contempt of the world according to the piety of that age ●ut of date in this voluntarily renounced their earthly Crowns and Kingdoms and became professed Monks Nuns to obtain an incorruptible Crown and Kingdom in Heaven 12 Kings crowned with Martyrdom being slain by Pagan invaders 10 of them being canonized for transcendent Saints and enrolled for such in all Martyrologies Liturgies of the Church which I doubt few of our new Republican Saints will he Yea the piety of our Kings in that age was generally so surpassing Ut mirum tunc fuerat Regem non Sanctum videre as John Capgrave informs us Whence Wernerus a forein Chronologer in his Fasciculus temporum records Plures se invenisse sanctos Reges in Anglia quam in alia mundi Provincia quantumcunque populosa And Abbot Ailred long before him gives this memorable testimony of the Sanctity Martyrdom Justice and study of the peoples publike we al before the private shining forth in our Saxon Kings more than in any other kings throughout the world Verum prae cunctis civitatibus Regnisve terrarum de sanctitate Regum suorum Anglia gloriatur quorum alii coronati martyrio de terreno ad caeleste Regnum migraverunt alii exilium patriae praeferentes mori pro Christo peregre deligerunt nonnulli posito diademate disciplicinis se monasticis subdederunt quidam in justitia et sanctitate regnantes prodesse subditis quam praeesse maluerunt whose footsteps I wish the pretending self-denying antimonarchical domineering Saints over us would now imitate inter quos istud Sydus eximium gloriosus Rex Edwardus emicuit quem cernimus in divitiis egenum in deliciis sobrium in purpura humilem sub corona aurea se●uli contemptorem So as the Prophesies of Psal 72 2 6. Isay 42 4 10 12. c. 49. 1 23. c. 51 5. c. 60 9 10 11. c. 66. 19. seem to be principally intended and verified of our Kings Isle above all others in the world No wonder then that these ages of theirs afford us not withstanding all the wars tumults combustions therein sundry memorable Presidents of great Parliamentary Councils Synods Civil and Ecclesiastical excellent Laws and Canons made in royal Charters confirmed by them with divers memorable Mouuments both of our Parliamentary Councils Kings Princes Nobles Peoples constant care diligence prudence fortitude in defending preserving vindicating and perpetuating to posterity the good old Laws Liberties Franchises Rights Customs Government publike justice and Propriety of the Nation to suppress abolish all ill Law tyrannical unjust Proceedings Oppressions Exactions Imposts Grievances Taxes repugnant thereunto to advance Religion Pi●ty Learning the free course of Iustice and the peoples welfare Which I have here in a Chronological method for the most part faithfully collected out of our antientest best Historians and Antiquaries of all sorts where they ly confused scattered and many of them being almost quite buried in oblivion and so far forgotten that they were never so much as once remembred or insisted on either in our late Parliaments and Great Courts of Iustice in any late publike Arguments or Debates touching the violation or preservation of the fundamental Laws Liberties Properties Rights Franchises of the Nation now almost quite forgotten and trampled under foot after all our late contests for their defence I have throughout these Collections strictly confined my self to the very words and expressions of those Historians I cite coupling their relations together where they accord in one citing them severally where they vary and could not aptly be conjoyned transcribing their most pertinent passages in the language they penned them omitted by our vulgar English Chronologers and annexing some brief observations to them for Explanation or Information where there is occasion The whole undertaking I here humbly submit to the favourable acceptation and censure of every judicious Reader who if upon his perusal thereof shall esteem it worthy of such an Encomium as William Thorne a Monk of Canterbury hath by way of Prologue praefixed to his own Chronicle Valens labor laude dignus per quem ignota noscuntur occulta ad noticiam patescunt praeterita in lucem praesentia in experientiam futura temporibus non omittantur quia labilis est humana memoria necesse constat scriptis inseri memoranda ne humanae fragilitatis contingens oblivio fieret posteris inopinata confusio It will somewhat incourage me to proceed

The first moity was for Pious uses which he subdivided into three parts The first parcel he bestowed in Almes to relieve the poor both at home and in forein parts The second he bestowed on Religious Houses and Persons The third he gave towards the maintenance of Schools Scholars Doctors and learned Men of all sorts resorting to and liberally rewarded by him according to their merits The other moity was for civil uses which he likewise divided into 3 equal portions The first he gave unto his Souldiers whom he divided into 3 Squadrons The first Squadron which were Horse waited one month on him at his Court as his Life-guard whiles the other two were imployed in military expeditions in the Field And when their month expired they all returned from the wars and then another new Company succeeded them And when their Month was ended they returning to their Houses the other Company succeeded them And so they successively kept their monthly courses during all his Reign being one month in actual service and two months at home about their own affairs The second part he gave to his Workmen and Artificers of all sorts skilfull in all Worldly affairs The third part he gave to Strangers in Royal Gifts and Presents and that as well to the Rich as Poor Besides he had a very great Care Ne à Vicecomitibus et Ministris pauperes opprimere●tur et indebitis exactionibos gravarentur That the poor people should not be oppressed by Sheriffs and other Officers nor burthened with unjust Exactions or Contributions Yea by his large Almes and Gifrs he sent to Rome he procured the English School to be fréed from all Taxes and Tributes by the Popes special Bull. And we never read he imposed the least publick Tax upon his Subjects during all his wars and Exigences by his own Regal Power upon any pretext of publick Necessity Danger Defence or Safety of the Realm against the Numerous Invading plundering Danish forces both by Sea and Land Which our late and present Aegyptian Tax-masters may do well to consider In the year of our Lord 894. this King Alfred and Guthurn the Dane gave to the Church of St. Cutbert in Durham all the Lands between Weor and Tyne for a perpetual Succession free from all Custome and secular Services with all Customes Saca and Socua and infaugtheof thereunto belonging with sundry other Privileges which they ordained to be perpetually observed Non solum Anglorum sed et Danorum consentiente et collaudante exercitu by the consent and approbation of the ARMY not only of the English but Danes also Has Leges haec Statuta which proves that it was done by a Parliamentary Counsell then held in both their Armies Quicunqu● 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 the Reader may peruse them where in the Bishop of Landaff and his Clergy excommunicated some of their petty Welsh Kings for Murder Perjury violating the Churches Patrimony and Injuring the Bishops family who upon their Repentance and Reconciliation gave all of them some parcels of Land to the Church of Landaff The rather because I conceive them fabulous there being no such form of Excommunication used in those daies as Sir Henry Spelman proves nor any such Episcopal Synods held in England under King Alfred himself The barbarous Danes having throughout all England with fire and sword utterly wasted and destroyed all Cities Towns Castles Monasteries Churches put most of the Bishops Abbots Clergy to the Sword and almost quite deleted the knowledge of Learning and Religion out of the whole Nation insomuch that there were very few spiritual persons on this side Humber who could either understand the Common prayers in the English tongue or translate anywriting out of latine into English yea so few that there was not so much as one man on the South-side of the Thames that could do it till King Alfred after his Conquest of the Danes in the latter part of his Reign restored Learning and Religion again by Degrees as this King himself records in expresse terms in his Epistle to Bishop Wulsug by way of Preface to his own Translation of Gregories Pastorals into the English Saxons Language King Alfred deceasing his Son Edward surnamed the Elder succeeding his Father in the year of Christ 901 thereupon Prince Aethelwald his Uncles Son aspiring to the Crown without the consent of the King and Nobles of the Realm seised upon Oxlie and Winburne whereupon King Edward marching with his Armie against him to Bath he fled from Winburne to the Danes in Northumberland for assistance who being glad thereof they all make him King and Prince over all their Kings and Captains Whereupon they invading Essex and Mercia King Ed. raised a great Army chased them into Northumberland and harrowed the whole Country to the Lakes of Northumberland where the Kentishmen remaining contrary to the Kings Command and Messengers sent to them after the retreat of the rest of the Army The Danish Army upon this advantage setting upon them they gallantly defending themselves slew their new King Aethelwald with King Eorit and sundry of their chief Commanders and many of their Souldiers though they lost the field This King and Edelfled his Sister Queen of Mercians to prevent the frequent eruptions plunders the Danes repaired many old ruinated Towns and built many new ones in convenient places which they replenished with Souldiers to protect the Inhabitants and repell the Enemies whereby the Common people 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 praestarent ita hostes contemptui milit●bus Regi risui erant as Malmesbury writes The Country people themselves fighting with the Danes at Ligetune put them to flight recovered all the prey they had taken and likewise the Danes Horses as they likewise did in some other parts Amongst other places this King repaired the walls of Colchester put warlike men in it certum eis stipendium assignavit and assigned them a certain stipend as Mat Westm records neither he nor other our Historians making mention of assigned wages to any other Garrisons or Souldiers in that age At last the Danes in most places throughout England perceiving King Edwards power and wisdom submitted themselves unto him elected him for their King and Patron and swore homage and fealty to him as likewise did the Kings of Scotland Northumberland and Wales In the year of Grace 905. This King Edward assembled a Synod of the Senators of the English Nation as Malmesbury or a great Council of Bishops Abbots and faithfull people

as Matthew Westminster and others stile it in the Province of the Gewisii which by reason of the Enemies incursions had been destitute of a Bishop for 7 years space Whereupon the King and Bishops in this Council taking good advice made this wholsom constitution That instead of 2 Bishops whereof one had his Sea at Winchester the other at Schireburn 5 Bishops should be created ne Grex Domini absque cura Pastorali luporum incursionibus quateretur Whereupon they in this Council elected 5 Bishops to wit Frithstan for Winchester Athelin for Schireburn Aedulfe for Wells Werstan for Crideton and Herstan for Cornwal assigning them their several Sees and Diocess and two other Bishops for Dorchester and Cirencester all consecrated by Archbishop Plegmond at Canterbury in one day Wil. of Malmesb. and some others write that this Council was summoned upon the Letter of Pope Formosus who excommunicated king Edward with all his Subjects for suffering the Bishopricks of Winton and Scireburn to be void for 7 years space together But this must needs be a great mistake since Pope Formosus was dead ten years before this Council and before these Bishopricks became void and his pretended Epistle to the Bishops of England makes no mention at all of the king as Sir Henry Spelman well observes In the year 906. king Edward made a Peace and firm agreement with the Danes of Northumberland and east-East-England at Intingford when as some think he and Guthurn the Dane reconfirmed the Civil and Ecclesiastical Laws formerly made and ratified by his Father King Alfred and Guthurn But Guthurn dying in the year 890 full eleven years before this Edward was king could not-possibly ratifie these Laws at the time of this Accord being 16 years after his decease as the Title and Prologue to those Laws in Mr. Lambard and Spelman erroneously affirm wherefore I conceive that this confirmation of these Laws was rather made in the year 921. when all our Historians record that after king Edward Anno 910. had sent an army into Northumberland against the perfidious and rebellious Danes slain and taken many of them Prisoners and miserably wasted their Country for 4 days space for breaking their former Agreement with him after his Sister Aegelfled An. 919. had forced the Danes at York to agree and swear that they would submit to her and her Brothers pleasure in all things and after Edward had vanquished the other Danes Scotch and Welsh in many Battles thereupon in the yeat 921. the king of Scots with all his Nation Stredded king of Wales with all his people et Regnaldus or Reginaldus Reginald King of the Danes with all the English and Danes inhabiting Northumberland of which Reginald then was King comming to King Edward An. 921. submitted themselves unto him elected him for their Father and Lord and made a firm Covenant with him And therefore I conjecture that Guthurnus in the Title and Preface of these Laws is either mistaken or else mis-written for Reginaldus then King of these Northern Danes who had no King in the year 906 that I can read of in our Historians Abbot Ethelred gives this Encomium of this Kings transcendent modesty and justice Rex Edwardus vir mansuetus et pius omnibus am abilis et affabilis adeò omnium in se provocabat affectum ut Scotti Cumbri Walenses Northumbri et qui remanserant Daci eum non tàm in Dominum ac Regem quam in Patrem eum omni devotione eligerent Tanta dehinc Modestia regebat Subditos tanta Justitia inter proximum et proximum judicabat ut contra veritatem non dico nihil velle sed nec posse videretur unde fertur quibusdam iratus dixisse dico vobis si possem vicem vobis redidissem Quid non posset Rex in Subditos Dominus in Servos Potens in infirmos Dux in milites Sed quicquid non dictabat aequitas quicquid veritati repugnabat quicquid non permittebat Justitia quicquid Regiam mansuetudinem non decebat Sibi credebat impossibile I wish all our modern domineering Grandees would imitate his presidential Royal Example Yet I read of one injurious Act done by him After the decease of his renowned Sister Elfleda Queen of Mercia Anno 920. he dis-inherited her only Daughter Alfwen or Elwyn his own Neece of the Dominion of all Mercia who held that Kingdom after her Mother seising and Garrisoning Tamesworth and Nottingham first and then disseising her of all Mercia uniting it to his own Realms and removing her thence into West-Sex Magis ●urans an utili●èr vel in utilitèr Quan an juste vel injustè Writes Henry Humingdon which innrious action Si violanda sit fides regni causâ violanda will not excuse The Chronicle of Bromton records that King Edward as he inlarged the bounds of his Kingdom more than his Father So Leges condidit he likewise made Laws to govetn it which are there registred to Posterity in two parcels as made at several times but in what year of his Reign this was it informs us not The first of these Laws declaring his zeal to publick Justice according to the Laws then in Force is this Edwardus Rex mandat et praecipit omnibus Praefectis et Amicis suis ut Justa judicia judicent quam rectiora possint Et in judiciali Libro stant nec parcant nec dissimulent pro aliqua Re Populi Rectum et jus publicum recitare et unum quodque placitum terminum habeat quando peragatur quod tunc recitabitur The first Chapter of the second part of his Laws intimates that they were made by his Wtse men assembled in a Parliamentary Council at Exeter witness the contents thereof Edwardus Rex admonuit Omnes Sapientes quando fuerunt Exoniae ut investigarent simul et quaererent quomodo pax eo rum melior esse possit quàm anteà fuit quia visumest ei quod hoc impletum sit aliter quam deceret et quam aute à praecepisset Inquisivit it aque qui ad emendationem velint redire et in societate permanere quâ ipse sit et amare quod amat et nolle quod nolit in Mari in Terrâ Hoc est tunc Ne Quisquam rectum difforceat alicui Siquis hoc faciat emendet sicut supra dictum est In his first Laws then either made or rehearsed prima vice 30 s. secundâ similitèr ad tertiam vicem 120 s. Regi The last Chapter being the VIII in Bromtons translation but the XI in the Saxon Coppy is this Volo ut omnis Praepositus habeat Gemotum an Hundred Court semper ad quatuor hebdomadas et efficiat ut omnis homo rectum habeat et omne placitum capiat terminum quando perveniat ad finem Siquis hoc excipiat emendet sicut antè dictum est King Edward deceasing Aethelstan his eldest Son designed by his Fathers Will to succeed him was

Brithnodus Odonis filius veneruut ad Concilium ex ore Regis ut omnis praepositus vadium capiat in suo comitatu de pace servandâ sicut Adelstanus Rex apud Fefresham et quartâ vice apud Thundresfeldam coram Archiepiscopo et Episcopis et Sapientibus quas ipse Rex nominavit qui interfuerunt et judicia conservaverunt Quae in hoc Concilio fuerunt instituta c. Cap. 18. Item quod Adelstanus Rex praecepit Episcopis suis et praepositis omnibus in toto Regno suo ut pacem it a custodiant sicut recitavit et Sapientes sui Cap. 19. Item Rex dixit nunc iterum apud Thitlan birig Sapientibus suis et praecepit ostendi Atchiepiscopo et caeteris Episcopis quod ei miserabile videtur quod aliquis tàm juvenis occidatur vel protàm parvâ re sicut innotuit ei quod ubique fiebat dixit itaque Quod ei videbatur et eis cum quibus hoc egerat ne aliquis occidatur junior quam quindecim Annorum nisise defendere velit vel aufugere et in manus ire velit ut tunc deducatur sir major sit minor qualiscunque sit si se dederit ponatur in Carcere sicut apud Greateleyam dictum est et per idem redimatur c. Praecepit Rex ne aliquis occidatur pro minori precio quam 12 d. nisi fugiat vel repugnet ne dubitetur tunc licet minus Si haec ita conservemus in Domino Deo confidimus quod pax nostra melior erit quam antea fuit As these passages demonstrate the proceedings of the Parliamenrary Councils in that Age unknown to most for which end I have transcribed them at large so they clearly prove that Theeves or Felons much lesse other English Freemen could not be imprisoned killed put to death fined or ransommed but by special Acts and Laws made in General Parliamentary Councils nor any Laws made enacted or altered in such Councils but by the Kings Royal Assent thereto who then frequently summoned them and all the Members ofthem by writ and nomination without the Peoples Election Henry de Knyghton de Eventibus Angliae l. 1. c. 5. and some other fabulous Authors relate that in the eighth year of King Aethelstans reign Olaus King of Denmark Golanus King of Norwey and the Duke of Normandy with 8 Dukes and 5 hundred thousand Souldiers arived in England bringing with them out of Africa A Giant called Colybrand the strongest and most famous at that time throughout the World Whereupon King Aethelstan hearing of their comming Congregavit Magnates assembled his Noblemen at Winchester to advice with them how they might resist the Enemies and fight with them in Battel Thar whiles king Aethelstan vacaret tali Concilio et congregatione populi sui in Wintonia the foresaid kings came upon him with their Army and besieged him Cum Baronia sua with his Batons in that City for two years space Neither durst the English fight with them by reason of their multitude and Power In the mean time they made this Agreement that king Aethelstan should find out one Champion to fight a single Duel with Colybrand that in all future times the Realm of England should be held of the King of Denmark under a Tribute and if Colybrand were conquered by Aethelstans Cham●ion then Olaus should forfeit and disclaim the Realm of England for him and his Heirs for ever and no King of Denmark should afterwards lay claim to the Realm of England nor yet molest it That the king in near one whole years space could not find out a Champion to encounter Colybrand whereupon he and his Nobles were very much troubled At last God by an Angel from Heaven directed the King to find out Guy of Warwick comming thither as a Pilgrim who undertook to encounter Colybrand and after a sharp battel with him in the view of both kings and their Armies cut off one of his hands and after that his head By which Victory the whole Land of England enjoyed the unviolated privilege of rest and Liberty from the Danish king untill Cnute king of Denmark gained the Realm of England from Edmund Ironside But this Relation being contrary to the truth of History and the Stream of all our Historiographers I shall repute it meerly fabulous though I could not well omit it for that Relation it hath to this my Theame 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 10th he adjured the fact and thereupon fell suddainly down dead to the Earth and being carried from before the Altar by his Servants to the English School he there died within three daies after Upon this the Pope sent to the king to advise what he should do with him and whether he should allow him burial with other Christia● Corps The king hereupon assembling a Council of his Nobles to advise about it Optimates Regionis the Nobles of the Realm with a great Company of Elfrids kindred earnestly requested of the King with great humility that his body might be committed to Christian Burial The King consenting to their Request acquainted the Pope therewith who granted him Christian Burial though unworthy Hereupon the Nobles adjudged all his Lands and Possessions great and small to the King who by their consent granted and confirmed them all to the Abby of Malmesbury by his Charter wherin he recites Sciant Sapientes regionis Nostrae non has praefatas terr as me injustè Rapuisse Rapinamque Deo Dedicasse sed sic eas accepi Quemadmodum judicaverunt omnes Optimates Regni Anglorum Insuper et Apostolicus Papa Romanae Ecclesiae Johannes After which reciting the Treachery perjury and death of Elfred with his Condescention to his Nobles and friends request aforesaid he concludes thus Et sic Adjudicata est mihi tota possessio ejus in magnis et modicis Sed et haec Apicibus praenotamus literarum ne quamdi● Christianitas regnat aboleatur unde mihi praefata possessio quam Deo et Sancto Petro dedi donatur nec Justius novi quam Deo et sancto Petro hanc possessionem dare qui aemulum meum in conspectu omnium cadere fecerunt et mihi prosperitatem Regni largiti sunt To which Malmesbury subjoyns In his Verbis Regis sapientiam et pietatem ejus in Dei rebus suspicere par est Sapientiam eo quod animadverterat juvenis presertim non esse Dei Gratiosum de Rapinâ Holocaustum Pietatem eo quod Munus ultione divin● collatum Deo potissimum non ingratus rependeret From whence I shall only observe

death with a magnanimous minde without fear or change of countenance but yet confidently pronounced as she was dying That the shedding of her bloud would bring great detriment to England Henry Huntindon thus relates the story of this Massacre In the year 1002. Emma the Jewel of the Normans came into England and received both the Diadem and name of a Queen with which match King Ethelred being puffed up with pride bringing forth perfidiousness caused all the Danes who were with peace in England to be slain by clandestine Treason on one and the same day to wit on the feast of St. Brice concerning which wickedness we have heard in our infancy some honest old men say that the said King sent secret Letters into every City according to which the English on the same day and hour destroyed all the Danes either cutting off their heads without giving them warning with swords or taking and burning them suddenly together with fire Vbi fuit videre miseriam dum quisque charissimos hospites quos etiam arctissima necessitudo dulc●ores effecerat cogeretur prodere et amplexus gladio deturbare writes Malmsbury The News of this bloudy Massacre of the Danes being brought into Denmark to King Swain by some Youths of the Danish Nation who escaped and fled out of England in a ship moved him to tears Vocatisque cunctis Regni Principibus Who calling all the Princes of his Realm together and relating the whole series of what was acted to them he diligently enquired of them what they would advise him to do Who all crying out together as with one mouth DECREED That the bloud of their Neighbours and Friends was to be revenged Whereupon Swain a cruel man prone to shed bloud animated to revenge by his Messengers and Letters commanded all the Warriers of his Kingdom and charged all the souldiers in forein Regions greedy of gain to assist him in this expedition against the English which they cheerfully did he having now a fairer shew to do foully than ever wrong having now made him a right of invasion who had none before Anno 1003. King Swain ariving with a great Navy and Army in England by the negligence and treachery of one Hugh a Norman whom Queen Emma had made Earl of Devonshire took and spoyled the City of Exeter rased the wall thereof to the ground and burnt the City to ashes returning with a great prey to his ships leaving nothing behind them but the ashes After which wasting the Province of Wiltshire a strong Army congregated out of Hamshire and Wiltshire went with a resolution manfully and constantly to fight with the Enemy but when both Armies were in view of each other ready to joyn battel Earl Edric their General a constant Traytor to his Country and secret friend to the Danes feigned himself to be very sick and began to vomit so that he could not possibly fight Whereupon the Army seeing his slothfulness and fearfullness departed most sorrowfull from their Enemies without fighting being disheartned by the Cowardise of their Captain Which Swane perceiving he marched to Wilton and Sarisbery which he took pillaged and burnt to the ground returning with the spoil to his Ships in triumph The next year Swane to whom God had designed the kingdom of England as some old Historians write sailing with his Fleet to Norwich pillaged and burnt it to the ground Whereupon Ulfketel Duke of East-England a man of great valour seeing himself surprized and wanting time to raise an Army to resist the Danes cum Majoribus East-Angliae habito Consilio taking Counsel with the Great men of East-England made peace with Swane which he treacherously breaking within three weeks after suddenly issuing out of his ships surprized pillaged and burnt Thetford to the ground and covering the 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 routed and all the Nobles of East-England there slain in their Countries defence who fought so valiantly that the Danes confessed they had never an harder or sharper battel in E●gland than this The great loss the Danes sustained in it though they got the field and an extraordinary famine in England the year following greater than any in the memory of man caused Swane to return into Denmark to refresh and recruit his Army King Ethelred quit of these Enemies Anno 1006 deprived Wulfgate the Son of Leonne whom he had loved more than all men of his possessions and all his honours propter injusta judicia for his unjust judgements and proud works and likewise commanded the eyes of the two Sons of that Arch-Traitor Edric Streona to be put out at Cocham where he kept his Court because Edric had treacherously inticed a bloody Butcher Godwin Porthound whom he corrupted with great gifts to murder the Noble Duke Althelin at Scoborbyrig as he was hunting whom Edric purposely invited to a Feast that he might thus treacherously murder him While these things were acting in the month of July the Danes returning with an innumerable Navy into England landing at Sandwich consumed all things with fire and sword taking great booties sometimes in Sussex sometimes in Kent Whereupon King Ethelred gathered a great Army out of Mercia and the West-parts of England re●o●●ing valiantly to fight with the 〈◊〉 who declining any open fight and returning to their Ships landed sometimes in one place sometimes in another and so pillaging the Country returned with the booty to the Ships before the English Army could encounter them which they vexed all the Autumn in marching after them from place to place to no purpose The English Army returning home when Wintet began to approach the Danes with an extraordinary booty sayled to the Isle of Wight where they continued till the Feast of Christs Nativity which Feast they turned into sorrow For then they marching into Hampshire and Berkeshire pillaged and burnt down Reading Wallingford Colesey Essington and very many Villages Quocunque enim peragebant quae parata erant hilariter comedentes cum discederent in retributionem procurationis reddebant hospiti caedem hospitio flammam as Huntindon Bromton and others story As they were returning another way to their ships with their booty they found the Inhabitants ready to give them battel at Kenet whom the Danes presently fighting with and routing returned with triumph to their ships enriched with the new spoils of the routed English King Ethelred lying all this time in Shropshire unable to resist

he died at London not Oxford about the Feast of St. Andrew as if he had died of a naturall death but the generality of Writers agree he was murdered at Oxford ambiguum quo casu extinctus writes Malmesbury the common fame being he was murdered by Edric as aforesaid And bromton who recites all three opinions concludes thus Sed primus modus videlice● quod rex Edmundus ad requiem naturae sedens proditione dicti Edrici occisus fuit ver●or allis et autenticior habetur The Author of the Encomium of Emma concurring with Marianus subjoynes this Observation touching his short reign and speedy death That God c. minding his own doctrine That a kingdom divided in it self cannot long stand and pitying the English took away Edmond lest if the Kings had continued long together they should have both lived in danger and the Realm in continual trouble His reign continued onely seven moneths in which time he fought seven or eight battels in defence of his Country People and their Liberties besides his single Duel with Cnute and by his untimely death the English Saxon Monarchy was devolved to the Danes who by Treachery and the Sword for three descents depri●ed the English Saxons of the Crown and Kingdom through divine retaliation as they had unjustly by treachery and the Sword dispossess'd and disinherited the Britons thereof about 450 yeares before as Henry Huntindon Bromton Radulphus Cistrensis Mr. Fox Speed and others observe The Sinnes of the Saxons grown now to the full writes Speed and their dreggs as it were sunk to the bottom they were emptied by the Danes from their own vessels and their bottles broken that had vented their red and bloudy wines in lieu whereof the Lord gave them the cup of wrath whose dreggs he had formerly by their own hands wrung out upon other Nations For the Saxons that had enlarged their Kingdomes by the bloud of the Britons and built their nests high upon the Cedars of others as the Prophet speaketh Habbak 2. committed an evil covetousness to their own habitations and were stricken by the same measure that they had measured to others when as the Danes often attempting the Lands invasion and the subversion of the E●glish Estate made way with their Swords through all the Provinces of the Realm and lastly advanced the Crown upon their own helmets which they wore only for three Successions CHAP. IV. Comprising a Summary Collection of all the Parliamentary Great Councils Synods Historical Passages Proceedings Lawes relating to the Fundamental Liberties Franchises Rights Government of the People and other remarkables under our Danish Kings Cnute Harold and Harde-Cnute from the year of our Lord 1017. till the first year of King Edward the Confessor Anno 1042. With some brief Observations on the same IMmediately after the murder of King Edmond Ironside King Cnute the Dane Anno 1017. taking possession of the whole Realm of England was solemnly crowned King at London by Living Archbishop of Canterbury succeeding in the Realm of England Non successione haereditaria sed Armorum violentia as William Thorne observes Injuste quidem Regnum ingressus sed magna civilitate et fortitudine vitam componens writes William of Malmsbury Whereupon the better to fortifie his Military Title with a seeming publick Election by the Nobles and Nation in a Parliamentary Council and their open disclaimer and renunciation of any Right or Title either in King Edmonds Sons or Brethren to the English Crown to settle it in perpetuity on himself and his posterity he commanded all the Bishops Dukes Princes and Nobles of the English Nation to be assembled together at London in a Parliamentary Council Where when they were all met together in his presence he most craftily demanded of them as if he were ignorant Who were the Witnesses between him and Edmond Ironside when they made their agreement and division of the Kingdom between them What manner of conference there then was between him and Edmond concerning his Brethren and Sons Whether it was agreed that it should be lawfull for Edmonds Brethren or Children to reign in the kingdom of the West-Saxons after his death by any special reservation or agreement between them in case Edmond should die in his life-time Whom he had designed to be his Heir Whom he had appointed to be guardians to his Sons during their infancy And what he had commanded concerning his Brothers Alfred and Edward To which they all answering both falsly and slatteringly said That they did most certai●ly know King Edmond neither living nor dying had commended or given no part of his kingdom to his Brethren and they did likewise know that it was King Edmonds will that Cnute should be the Gardian and Protector of his Sons and of the Realm untill they were of age to reign calling God himself to witnesse the truth hereof O the strange temporizing falsity treachery perjury of men in all ages But though they thus called God to witness yet they gave a false testimony and fraudulently lyed preferring a lye before the truth being forgetfull of justice unmindfull of nature unjust witnesses rising up against Innocency and betrayers of their own bloud and Country when as they all well knew that Edmond had designed his Brethren to be his heirs and appointed them to be Guardians of his children thinking by this their false testimony to please King Cnute to make him more mild and gracious to them and that they should receive great rewards from him for the same After their answers to those Interrogatories to ingratiate themselves further with Cnute though they were sworn before to Edmond and his Heirs and were Native Englishmen yet they there all took a solemn Oath of Allegiance to Cnute swearing to him That they would and did chuse him for their King humbly obey him et Exercitui Uectigalia dare and would give Tributes to his Army And having received a pledge from Cnutes naked hands with Oathes from the Princes and Nobles of the Danes Cnute reciprocal Oaths from them and all the people they ratified a mutual Covenant and League of Peace with reciprocal Oaths between both Nations reconciling and abandoning all publick enmities between them They likewise swore that they would cast off banish and wholly reject King Edmonds Brothers Sons and Family In pursuance whereof they there presently Fratres et filios Edmondi Regis omnino despexerunt cosque Reges esse negaverum unum autem ex ipsis praedictis Clitonibus Edwinum egregium et reverendissimum Edmundi Regis germanum Ividem cum consilio pessimo exulem esse debere coustituerunt as Roger de Hoveden Abbot Ethelred Wigorniensis and others at large record the Story The discord treacherous falshood disloyal proceedings of the English Nation then towards one another the English royal line is thus elegantly set forth by Abbot Ailred a lively Character of our age Externisque

sitting in this manner nine of them were always beheaded but the tenth dismissed and his life reserved for a time These things were acted at Gildeford a royal Town But when it seemed to the Traitor Godwin that there were more yet remaining alive of them than was profitable he 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 to be sent to the Isle of Ely and there to have his eyes pulled out of the pain whereof he soon after died but he slew all his Souldiers too perniciously Florentius Wigorni●nsis Roger de Hoveden Simeou Dunelmensis Radulphus de Diceto Mr. Fox and others relate That the innocent Princes Alfred and Edward sons of King Ethelred came out of Normandy where they had long resided with their Uncle Richard into England accompanied with many Norman Souldiers transported in a few ships to conferr with their Mother Emma then residing at Winchester Which some potent men especially Earl Godwin as was reported took very unworthily and grievously because licet injustum esset although it were unjust they were more devoted to Harold than to Alfred Whereupon Harold perswaded King Harde-Cnute and the Lords not to suffer those Normans to be within the Realm for jeopardy but rather to punish them for example by which means he got authority to order the matter himself Wherefore he met them on Guild-down and there seised upon Prince Alfred and retained him in close Prison when he was hastning towards London to conferr with King Harold as he had commanded And apprehending all his followers he ransacked some of them others of them he put in chains and afterwards put out their eyes some of them he tormented and punished by pulling off the skin from their heads and cutting off their hands and feet many of them he likewise commanded to be sold and slew 600 men of them at Gildeford with various and cruel deaths whose Souls are believed now to rejoyce with the Saints in Paradice seeing their bodies were so cruelly slain in the fields without any fault which Queen Emma hearing of sent back her Son Edward who remained with her with greatest haste into Normandy After which by the command of Earl Godwin and some others Prince Alfred being bound most straitly in chains was carried Prisoner to the Isle of Ely by ship where he no sooner arived but his eyes were most cruelly pulled out and so being led to the Monastery was delivered to the Monks to be kept where he soon after died and was there interred Some add that after Alfreds eyes were put out his belly was opened and one end of his bowels drawn out and fastened to a stake and his body pricked with sharp needles or poyneyards forced about till all his intrails were extracted in which most savage torture he ended his innocent life Ranulphus Cistrensis in his Polychronicon l. 6. c. 21. relates that Godwin used this strange cruelty towards those Normans that came over with Alfred whom he twice decimated at Gildeford that he ripped up their bellies and fastned the ends of their guts to stakes that were reared and pyght in the ground and laid the bodies about the stakes till the last end of the guts came out The Author of the Book called Encomium Emmae and Speed out of him writes That Harold was no sooner established King but that he sought meanes how to rid Queen Emma secretly out of the way and maliciously purposing took counsel how he might train into his Hay the sons of Queen Emma that so all occasions of danger against him might at once for all be cut off Many projects propounded this lastly took effect that a Letter should be counterfeited in Queen Emma's name unto her sons Edward and Alfred to instigate them to attempt the Crown usurped by Harold against their right The Tenor of which Letter you may read in Speed This Letter being cunningly carried digested by Alfred as savoring of no falshood he returned answer he would come shortly over to attend his Mothers designs which Harold being informed of forelayes the coasts to apprehand him Upon his comming on shore in England Earl Godwin met him and binding his assurance with his corporal Oath became his Leige-man and guide to Queen Emma but being wrought firm for Harold treacherously led these Strangers a contrary way and lodging them at Guildford in several Companies there tithed and murthered them as aforesaid Henry Huntindon the Chronicle of Bromton William Caxton in his Chronicle and another Historian mentioned by Mr. Fox record that this murther was after the death of King Harde-Cnute When the Earls and Barons of England by common assent and counsel sent into Normandy for these two Brethren Alfred and Edward intending to crown Alfred the elder Brother and to make him King of England and to this the Earls and Barons made their Oath But Earl Godwin of West-Sax sought to slay these two brethren so soon as they came into England to the intent he might make Harold his own son by Cnutes daughter or sister maried to him King as some of these affirm Others of them relate that he intended only to destroy Alfred being an Englishman by the Father but a Norman by the Mother whom he foresaw to be a person of such honour and courage that he would disdain to mary his daughter or to be swayed by him and then to mary his daughter Godith to Edward the younger Brother and to make him King as being of a more milde and simple disposition apt to be ruled by him Hereupon Godwin went to Southampton to meet with the two Brothers at their landing It fell out that the Messengers sent into Normandy found only Alfred there Edward being then gone into Hungarie to speak with his Cosen Edward the Outlaw Ironsides son When Alfred heard these Messengers tydings he thanked God and in all hast sped him to England ariving at Southampton with some of his Mothers kinred and many of his fellow-Souldiers of like age who were Normans Whereupon Godwin intimated to the Nobles of England That Alfred had brought over too great a company of Normans with him and had likewise promised the lands of the Englishmen to them and therefore it would not be safe to instirpate such a valiant and crafty Nation amongst them That these ought to undergoe exemplary Punishment lest others by reason of their alliance to the King should presume to intrude themselves amongst the English And then posting to Southampton welcomed and received Alfred with much joy pretending to conduct him safe to London where the Barons waited for to make him King and expected his comming and so they passed forth together

the men in them put to the sword In the mean time Swane dealt very deceitfully with Earle Beorne intreating him to go with him to Sandwich to make his peace with the King who considering his consanguinity went to him attended onely with three men Swane treacherously sending him to Bosenham where his ships rode at anchor carried him on ship-board bound him in chains and at last slew and cast him into a pit After which two of his ships being taken by those of Hastings and brought to the King at Sandwich and 4 more of his ships being dismissed he sailed with two ships onely into Ireland till Ailred Bish of Worcest reduced and reconciled him unto the King The same year in the moneth of Aug. the Irish pirats with 36 ships arriving in the mouth of Severn by the help of Griffin King of Southwales burnt and pillaged many villages and put the inhabitants to the sword against whom Ailred Bish of Worcest with few of the inhabitants of Worcester and Hereford speedily marched but the Welshmen amongst them who had promised fidelity to them sending presently to their K. Griffin intreating him with all possible speed to fall upon the English thereupon he and the Irish pirats assaulting the English unexpectedly early in the morning slew many of them and routed the rest King Edward in the year 1051. released the English From the heavy tribute or Danegeld which Florentius Wigorniensis and Simeon Dunelmensis thus expresse Rex Edvardus Absolvit Anglos A gravi vectigali 38. anno ex quo pater ejus Rex Athelredus Danicos solidarios solvi mandavit c. quod eis pater suus propter Danicos solidarios imposuerat as Brompton renders it in another place Roger de Hunedon Annalium pars 1. p. 441. Rodolphus de D●ceto Abbreviatione Chronicorum col 145. use the same words Ailredus Abbas Rievallis de vita miraculis Edwardi Confessoris Col. 383. thus relates it Insuper Tributum illud gravissimum quod tempore patris sui pr●mo classi Danicae pendebatur Postmodum vero fisco regio Annis singulis inferebatur regia liberalitate remisit et ab onere hoc importabilt in perpe●uum Angliam absolvit Vnde sancto huic regi non inconvenienter aptatur quod scriptum est Beatus vir qui inventus sine macula qui post aurum non abiit nec speravit in pecuniae thesauris Post aurum non abiit quod potius dispersit nec speravit in thesauris quos in Dei opere non tam minuit quam consumpsit Matthew Westminster records it in these words Anno gratiae 1051. Rex Edwardus A vectigali gravissimo Angl●s absolvit quod patre vivente Danicis stipendiariis Triginto octo millia librarum solvi consuevit Henry de Knighton De eventibus Angliae l. 1. c. 9. fol. 233. 1. and Higden in his Polychronicon lib. 6. c. 24. f. 254. thus relate it Rex Edvardus absolvit Anglos a Gravi Tributo quod patur ejus Ethelredus Danicis solidariis solvi fecerat jam per 40. annos duraverat which Fabian in his Cronicle part 8. c. 210. p. 282. Graston in his Cronicle p. 170. Speed in his History p. 410. Holinshead and others thus expresse This King Enward discharged English men of the great and most heavy Tribute called Danegeld which his Father Ethelred had made them pay to the Souldiers of Denmark and had then dured 40. years So that after that day it was no more gathered Abbot Iuguphus Historiae pag. 897. thus records it more at large Eodem etiam Anno 1051. cum terra non daret solitâ fertilitate fructus suos sed fames plurimos habitatores devoraret in tantum ut bladuum carentia panis inopia multa hominum millia morierentur miserecordiâ motus super populum pi●ssimus Rex Edwardus Tribufum gravis●mum quod Danigelo dicebafur omni Angliae in perpetuum relaxavit Ferunt quidam regem sanctissimum cum dictum DANIGELD cublcularii sui collectum in regis cameram infudissent ad videndum tanti Thesauri cumulum ipsum adduxissent ad primum aspectum exhorruisse protestantem Se daemonem super acervum pecuniae saltantem nimio gaudio exultantem prospexisse unde pristinis possessoribus jussit statim reddere de tam fera exactione ne jota unum voluit retinere quin in perpetuum remisit anno scilicet 38. ex quo tempore Regis Ethelredi patris sui Suanus Rex Danorum suo exercitui illud solvi singulis annis imperavit This History of the Devils dancing upon this Mony is thus more fully related by Roger de Honeden Annalinm pars prior pag. 447. Item de eodem Rege Edvardo quadam die contigit quod cum praedistus Rex Anglorum Edwardus Regninâ comite Haraldo deducentibus aerarium suum intravit ut pecuniam videret magnam quam Regina Comes Haraldus Rege ipso ●nesciente colligissent ad opus Regis scilicet per singulos comitatus totius Angliae de unaquaque hida terrae quatuor denarios ut Rex inde contra natale Domini pannos emeret ad opus militum servientium suorum cumque Rex intrasset aerarium suum comitantibus Regnia Comite Haraldo videt diabolum sedentem inter Denarios illos ait illi Rex quid hic facis cui daemon respondit custodio hic pecuniam meam dixit Rex conjuro te per Patrem Filium Spiritum sanctum ut indices mihi Quamobrem pecunia ista iua est respondens dixit ei daemon Quia injuste accquisita est de substantia pauperum Illi autem qui illum comitabantur stabant stupefacti audientes quidem illos loquentes neminem autem videntes praeter solum Regem ait illis Rex Reddite denarios istos illis a quibus capti sunt fecerunt sicut praecepit illis Rex which is likewise remembred by Capgrave Surius Ribadeniera and others in the life of King Edward the Confessor From all which relations compared together it is apparent First That Dangeld was a great most heavy and intolerable Tribute first imposed in King Ethelreds reign to pay the Danish Navy and Souldiers then invading England to keep them from plundering and spoiling the people 2. That King Swane the invading and usurping Dane after he had gotten the power of this Realm imposed it annualy on the English and made it any early Tribute to pay his Army 3. That the Danish succeding Kings continued and made it a kind of annual revenue to cloath and pay their Souldiers and Marriners for sundry years together 4. That it was yearly paid unto the Kings Exchequer and reduced to a certainty to wit four pence a year out of every Hide or plough land thorowout England or else twelve pence or two shilings a year as the laws of Edward the Confessor the black Book of the Exchequ●r and Sir Henry

routed by them many of them being slain in the field and the rest inforced to fly into York for shelter which the Enemies besieging was presently surrendred up to them and hostages delivered them after the slaughter of many Citizens Nobles and Clergy-men Upon this King Harold recollecting his disband●d Army and Navy marched with all speed towards York against the Danes Norwegeans and his brother Tosti but coming to Hamford Bridge one valiant Dane with his Battle Axe slew 40 of his men and made good the Bridge against the whole Army for a long space till at last some going under the Bridge in a Boat slew him with a spear Both Armies joyning battel after a long and bloudy fight Harfager and Tosti with may other of Note were slain their whole Army routed all their Ships taken with the loss of many of the bravest English Souldiers and 20 of their Ships only permitted to depart into Denmark with their wounded men and Olaus Harfagers Son who to save his life took an Oath never from thenceforth to attempt any hostility or invasion against the English This victory Abbot Ailred aascribes to the merits of Edward the Confessor who promised to be the Captain and Protector of the English Nation against those Enemies who invaded the Realm contrary to right and Law and promised them the victory over them But Harold ascribing it to his own valour instead of rewarding his Souldiers with the spoils of the vanquished enemies as the price of their bloud out of a base unworthy a varice converted all the spoils and booty to his own private use giving no part of them to any other Wherewith many of the Nobles and common Souldiers were so incensed that detesting the covetousness of their Prince they unanimously departed from his service and refused to march with him against the Normans This triumphant victory so puffed up Harold that he thought himself secure in the Throne beyond the fear or reach of any adversity and instead of a King became a TYRANT Whilst Harold with all his Land and Sea forces were thus busied in the North of England Duke VVilliam in August assembled all his Land Army and Navy consisting of 900 ships at the Port of S. Valerie to invade England in the South then wholly destitute of all Guards by Land and Navy by Sea to resist his landing And to satissie his Souldiers and all others of the justice of his undertaking he alleged these three causes thereof which Henry de Knyghton devides into four The first was to revenge the cruel murther of his Cousin Prince Alfred King Edmunds brother and of the Normans who came with him to assist him to recover the Crown of England to which he was right heir whom Godwin and his Sons had shamefully dishonoured treacherously betrayed and barbarously murdered which fact he ascribed principally to Harold The second was because Godwin and his Sons by their cunning had injuriously banished Robert Archbishop of Canterbury Earl Odo and all the French and Normans out of England which wrong he would revenge on Harold as done principally by his means and labour The third and chief ground was because Harold falling headlong into perjury had without any right usurped the Crown and Realm of England which of due belonged unto him both by right of Kinred to and gift by King Edward his Nephew and by Harolds own solemn Oath and promise made to him in Normandy to preserve the Kingdom for his use after King Edwards death without children according to King Edwards command While Duke William with his ships and Army lay many days together at S. Valerie expecting a fair gale for England the winds being cross many of the common souldiers there lying in Tents thus muttered one to another That the man was mad who would by force invade and make another mans Country and Realm his own That God did fight against them in withdrawing the winds That his Father attempted the same thing in the same manner and was hindered and inhibited therein That it was fatal to his family that aspiring to things above their power they should find God opposite to them These speeches bruted abroad which might enfeeble the strength and ahate the courage even of valiant men The Duke thereupon taking Counsel with his Senators caused the Corps of St. Valerie to be brought forth to procure a wind presently a prosperous gale filling their sayles the Duke himself first took ship and launched forth and all the rest after him then casting Anchor till the Fleet came round about him they all sailing with a gentle course landed at Hastings and Pevemsy The Duke stepping forth of the ship upon the shore one of his feet slipped so that he fell down into the mud one of his hands being filled with sand whch he interpreted as an ill omen and sinister event But one of his Souldiers who stood next him lifting him up from his fall whiles he held the mud in his hand changed this event into a better interpretation saying Most happy Duke thou already possessest England and plowest it up Behold the land is in thy hand Lift up thy self with good hope thou shalt be King of England ere long No sooner was the Army landed m but the King strictly charged them to forbear plundering and take no booties seeing they ought to spare the things that should be his own nor to wrong any of their persons who should ere long become his Subjects Richard Vestegan records out of a French Historian that Duke VVilliam the same day he landed in England caused divers of his chief Officers and Friends to dine with him and chancing at dinner to talk of an Astrologer who by the conjunction of the Planets had assured him at St. Valerie That Harold should never withstand him but submit himself unto him and yeeld him faith and homage willed now that the said Astrologer should be brought unto him whom he had caused to be imbarqued for that voyage But it was told him that the Ship where in the said Astrologer sailed was cast away at Sea and he drowned in it Whereunto the Duke replyed That man was not wise who had more regard to the good or ill fortune of another than unto his own I am now thanks be to God come over I know not how the rest will succeed How false this Star-gazers prediction proved the sequel will manifest Duke VVilliam after his arrival rested quietly 15. days without acting any thing as if he minded nothing less than war After which to cut off all occasion or hopes of return from his Souldiets he fired all his ships or as some write drew them all a shore and intrenched them as others erecting only a Castle on the shore for a retiring place for his Souldiers if need were From Pevensy he marched to Hastings where he built another Fort. Henry de Knyghton records that the first night he lodged in England in his

vices more extorbitant in some degrees than Edwins which yet our former Monkish Historians blanch or excuse was the Malice of Dunstan and Odo the Pillars and Oracles of the Monkish Clergy who stirred up the Merciaus and seditious rebellious Northumbrians against him to set up Edgar in his stead who was totally devoted to them and Dunstan by whose Counsels he was afterwards wholy guided and built no less than 47 new Monasteries for the Monks besides all those he repaired intending to build three more had he lived to make them 50 compleat and likewise cast out the secular and maried Priests out of all Monasteries and Churches unless they would become Monks replenishing all Monasteries Churches with Monks alone They likewise inform us that the true causes of kings Edwins banishing Dunstan ejecting the Monks and seising their Lands and Treasures was That Dunstan had so bewitched Edmund Edward Athelstan and Aedred his Predecessors with the love of Monkery as that they not only took violently from maried Priests their livings to erect monasteries but also lavishly wasted much of their own Royal Treasures Lands and Revenues upon them which they should have rather employed in resisting the common Enemies of God and their Country the Danes whereupon Edwin percei●ing that all the wealth of the Land was crept into Monasteries not only refrained to bestow more on them but recalled divers of those prodigal Gifts his Predecessors had granted them which the Monks refusing to render upon demand he seized upon them by armed Officers as having indeed cheated his Predecessors and defrauded the Kingdom of them They adde hereunto that King Edrid had committed all his chief Houshold-stuft Plate Records and the Treasures of all the Realm with all the Magazines he had gotten to Dunstans custody and ●aid them up in the Monastery at Glastonbury yea he committed his Kingdom body and Soul unto him So as all was wholly in Dunstans power who alone managed all the publick affairs of the Realm and exercised Regal Authority And when King Edred in his sicknesse demanded all his Housholdstuff Jewels Monies and Treasures from him Dunstan pretending to fetch them before he returned with them Dustan heard a voice as our Monkish Writers fable that Edred was dead in the Lord and thereupon detained them in his and his Monks custody being unwilling to part with them to young King Edwin his Successor whereupon he seised on them by force as of right belonging to him and expelled Dunstan with his Monks And so much the rather because Dunstan presumed most impudently and violently to rush into his Bed-chamber and pull him out forcibly thence on the very day of his Coronation contrary to all Christian and Princely Modesty from the embraces of his beautifull and beloved Alfgina which some Monks and these Historians report to be his lawfull wife not his Concubine and not content therewith he excited Odo Archbishop of Canterbury publickly to divorce her from him some say for consanguinity only and others for other Reasons Whereupon the king betaking himself to his Concubines Odo suspended him from the Church excommunicated all his Concubines caused one of them whom the king best affected to be violently fetched out of the Court with armed Men branded her in the forehead with an hot Iron and then banished her into Ireland After which she returning into England Odo apprehended her the second time and cut off her Sinews at the Hock-bone All which intollerable Affronts so incensed Edwin that he banished and spoyled Dunstan with his Monks as aforesaid and threatned Odo with severe punishments none others in the Realm but these daring then to oppose him hereupon they formerly and then bearing the greatest sway by way of revenge and to prevent Edwins further fury against them stirred up the Mercians and Northumbrians to reject him and that in a tumultuous manner by force of Arme in which Uproar Edgar gained possession of half his Kingdom Matthew Parker and Sir Henry Spelman out of him subjoyns that by these civil dissentions raised between King Edwin and his Brother Edgar they much weakned the forces of the Realm in many set Battels fought between them till at last Edgar getting the better Convocato ad Branfordiam Regni concilio Fratris Edwini acta et decreta rescendit Assemblong a Council at Brandford he repealed all the Acts and Decrees of his Brother King Edwin restored to the Churches and Monasteries the Treasures he had taken from them recalled Dunstan from his former banishment and made him first Bishop of Worcester then of London and last of all of Canterbury Henry de Knyghton a Canon of the Abbey of Leicester relates out of the History of Leicester Abbey That Edwin being expulsed and shamefully thrust out of his kingdom for his evil life and exoroitant actions done against the Church the Monarchy of England continued void above a year Whereupon many murders and wickednesses were committed and infinite mischiefs happened amonst the people for want of Government until holy men both of the Clergy and People deeply affected therewith humbled themselves and uncessantly repented of their sins and prayed day and night to God that he would hear them and mercifully relieve them in so great necessity giving them such a King who might govern the Realm of England in such fort as might redound to the honour of God and profit of the Realm That God beholding their prayers from on high in the night silence this voice was heard from God That they should crown Edgar King though but then a youth who rejoyced with this Divine Oracle most likely by the Monks and Dunstans Legerdemain the Divine Oracle that uttered it speedily advanced Edgar to be King being but 16 years old and so he was elected and crowned King by a divine Oracle which never hapned to any King of England in former times Upon Edgars Coronation and Dunstans restitution An. 959. K. Edwin reigning in a decayed Estate living in little Esteem and without being desired for very grie● thereof as some write he died after he had for 4 years space Libidinosè simul Tyrannicè lustfully and also Tyrannically depressed the Realm of England Others affirm that he was deprived both of his Life and Kingdom by the Rebellion of his Subjects But his Monkish Opposites record that he was taken away by an untimely Death by Gods Just Judgement in the year of our Lord 959. Whereupon his Brother Edgar ab omni populo electus being elected king by all the people united the kingdom into one and obtained the intire Monarchy of the Realm the kings of Cumberland Scotland and Wales voluntarily submitting and doing homage to him without any effusion of blood or war King Edgar About the year of our Lord 963. contrived the death of Earl Ethelwald who as some Authors aver against his trust had cheated him of Elfrida only Daughter of Ordgarus Duke of Devonshire the Paragon of her Sex by disparaging

Pavillion there came a voice unto him saying William William be thou a good man because thou shalt obtain the Crown of the Realm and shalt be King of England and when thou shalt vanquish the enemy cause a Church to be built in the same place in my name so many hundred foot in length as in number of years the seed of thy bloud shall possess the Government of the Realm of England and reign in England an 150. years But q Matthew Westminster writes this voice was after the battel with Harold not before it and the subsequent words in Knyghton touching his march to London import as much Harold residing in the North after his great victory there when he deemed all his Enemies totally broken in pieces received certain intelligence that Duke William was safely arived at Pevensey with his Fleet and an innnmerable company of valiant Horsemen Slingers Archers and Footmen whom he had hired out of all France Whereupon he presently marched with his army in great haste towards London and although he well knew that most of the valiant men in all England were slain in the two late Battels against Tosti and the Danes that many of the Nobility and Common Souldiers had quite deserted him refusing to march with him in that necssity because he permitted them not to share with him in the great booties they had won with their bloud and that half his Army were not come together yet he resolved forthwith to march into Sussex against the Enemy and fight them with those small forces tired he then had being most of them Mercenaries and Stipendiaries except those English Noblemen Gentlemen and Freemen who enflamed with the love and liberty of their Native Country voluntarily engaged themselves with him in the defence thereof against the common dangerous invading Enemy rather than to support his usurped Diadem and Royalty over them of which number there were very few f Immo vero panoi et manu promptissimi fuere qui charitati corporum renunciantes Propatria animas posuerunt Nampraeter S●ipendiarios et Mercinario● milites paucos admodum ex comprovincialibus habuit Praecipitabant eum nimium fata ut nec auxilia convocari vellet nec si vellet multos parituros invenerat Ita omnes ei erant infensi quod solus manubiis Borealibus incubuerat Unde cum suis quos ductabat astutia Gulielmi ●ircumventus fusus est levi videlicet belli negoti● sed occulto et stupendo Dei consilio quod nunquam posteà Angli Communi praelio in libertatem spiraverint quasi cum Haraldo omne robur deciderit Angliae quae certe Potuit et debuit etiam per inertissimos solvere paenas perfidiae Yet Thomas of Walsingham and some others write that Harold had gathered together an innumerable company of Englishmen against Duke William and the multitudes of the Nobility Gentry and Commons of England slain in the Battel besides those who fled from it and could not come to fight manifest his Army not to be so small as these Authors would make it only to augment the Englishmens valour and ecclipse the Normans as overcomming them more by stratagem and multitude than true fortitude Whiles Harold was in his march towards William within 9 miles of his Fort in Sussex he sent out Scouts before him to discover the forces and numbers of the Enemy who being intercepted and brought to William he caused them to be led about his tents that they might well view his Army and then being bountisully feasted he commanded them to be sent back to their Master without any harm Who returning to Harold commending the Dukes magnificence martial prowess and clemency seriously affirmed that all his Souldiers seemed to be Priests because their faces and both their lips were shaven which kind of shaving none of the English then used but their Priests only Upon which Harold smiling at the Scouts simplicity replied They were not effeminate Priests but Souldiers of great and valourous minds invincible in arms Whereupon Girth Harolds younger Brother a man of great knowledge and valour beyond his years taking the Speech out of his mouth said Seeing you commend the valour of the Normans to be so great I hold it unadvised rashnesse for you to fight with them to whom you may be reputed inferiour both in merit and valour Neither are you able to gainsay but that you took an Oath to William to reserve the Crown to his use voluntarily or unvoluntarily Wherefore you shall doe more advisedly to withdraw your self out of the field in this instant necessity ne si perjurus decertans vel fugam vel mortem incurras lest fighting perjured you incurre either flight or death and the whole Army perish for your sin of Perjury seeing there is no fighting against God Therefore expect the issue of the battel without danger For we are altogether free from any Oath justum suscipimus bellum pro Patria pugnaturi and have undertaken a just warr to fight for our Country If we fight alone without thee thy cause shall prosper better and thou shalt be more safe whatever befallius For if we fly thou maist be able to succour and restore us and if we be slain thou maist revenge us But such was Harolds unbridled rashness that he would not give a pleasing ear to this admonition esteeming it inglorious and a great dishonour to his former life and valour to turn his back to any Enemy or danger Whiles these discourses passed between them in comes a Monk sent by Duke William claiming the kingdom as his Because King Edward had granted it to him by advice of Archbishop Stigand and of the Earls Godwin and Siward and had sent the Son and Nephew of Godwin hostages thereof into Normandy But to avoid effusion of Christian bloud the Monk brought him these three profers Either to depart with the Realm to William according to his Oath and agreement Or to hold the Kingdom from and reign under him Or finally to determine the controversie between them two by a single Duc● in the view of both their 〈◊〉 But Harold out of a strange imp●udence impudence pride of heart as one whom the heavens would depresse accepting neither domestick counsel nor the Normans offer would neither vouchsafe to look upon the Messenger with a good countenance nor discourse with him in milde terms but sending him away with indignation prayed only thus That God would judge between him and his Master William To whom the Monk boldly replying required that if he would deny the right of William he should either reserr it to the Judgement of the S●e Ap●stolick or else to battel if he had rather by which he asserted that William was ready to trie his Title But Harold answering nothing to those his Proposals but what he had done before went within little of laying violent hands upon the Embassador commanding William with violent terms and menaces to depart his kingdom

him and would not consent to set up Edgar though right heir 10. That after good deliberation all the Nobles Prelates Londoners and others who first appeared for Edgar with the greatest part of the Clergy people of the English Nation without the least fight or resistance or before any siege or summons from him together with Prince Edgar himself voluntarily went out and submitted themselves sware faith and allegeance to him as their Soveraign at Berkhamsted and after that joyfully received him with highest acclamations as their lawfull King at his entry into London 11. That all the Prelates Clergy and Nobility soon after without any coercion upon his foresaid right and Title freely elected and solemnly crowned him as their lawfull King in a due and accustomed manner and then did Homage and swore new Allegiance afresh unto him as their rightful Soveraign 12. That he took the Ordinary Coronation Oath of all lawfull Kings to mainitan and defend the rights persons of all his people to govern them justly c. as became a good King which a King claiming by meer conquest would never do All these particulars are undeniable Evidences that Duke William never made the least pretence claim or title to the Crown and Realm of England only as an absolute Conqueror of the Nation but meerly by Title as their true and lawfull King by designation adoption and cognation seconded with the Nobles Prelates Clergy and peoples unanimous election And although it be true that this Duke ejected Harold and got actual possession of the Throne and Kingdom from him by the sword as did Aurelius Ambrosius and others before and King Henry the 4. Edward the 4. Henry the 7. with others since his reign yet that neither did nor could make him a King by conquest only no more than these other Princes seeing the end of this warr was not against the whoie English Nation the greatest part where of secretly abbetted his interest but only against the unjust Usurper and Intruder King Harold and his adherents not to create a Title to the Realm by his and their Conquest but to remove a Usurper who invaded it without and against all right and to gain the actual possession thereof by arms from which he was unjustly withheld by force against those pretended lawfull Titles which he made So that he got not the Right Title but only the actual possession of the Crown by his Sword not as a universal Conqueror of the Realm without right or Title but as if he had been immediate heir and lawfull Successour to the Confessor who designed him to succeed him For fuller confirmation whereof I shall here subjoin these ensuing proofs 1. King William himself at his very Coronation in London as Mr Cambden informs us said That the kingdom was by Gods providence appointed and by vertue of a gift from his Lord and Cosen King Edward the glorious granted unto him and that this most bounteous King Edward had by adoption ordained him his heir in the kingdom of England 2ly In his Charter to the Church of Westminster he resolves us much in direct terms where he recites In ore gladii Regnum adeptus sum Anglorum devict● Haroldo rege Cum suis complicibus qui mihi Regnum cum providentia Dei destinatum beneficio concessionis Domini Cognati mei gloriosi Edwardi CONCESSUM conati sunt auferre c. So that his Title was from Edward though his possession by the sword 3ly In the very Title of his Laws published in the 4th year of his reign which he was so far from altering that he both by Oath and Act of Parliament ratified confirmed all the Laws and Customs of the Realm used in the Confessors time and before presented by a Grand Enquest unto him out of every County of England upon Oath without any alteration praevarication or diminution he stiles himself or is stiled by the Collector of these Laws HEIR AND COSEN TO Edward the Confessor even in the ancient Manuscript which Sir Henry Spelman hath published Incipiunt Leges S. Edwardi Regis quas in Anglia tenuit quas WILLIELMUS HAERES cognatus suus POSTEA CONFIRMAVIT To which I shall likewise subjoyn the words of the Charter of his Sonn King Henry the 1. Anno 1108. translating the Abbey of Ely into a Bishoprick wherein he gives his Father William the self-same Title Ego Henricus providente divina clementia Rex Anglorum Normannorum Dux Willielmi magni Regis filius QUI EDWARDO REGI HAEREDITAR●O JURE SUCCESCIT IN REGNUM renouncing all Title by conquest and claiming only as Heir to King Edward by Hereditary right 4ly Earl William himself in none of his Charters Writs Speeches Writings ever stiled himself a Conquerour of England nor laid claim to the Crown and Realm of England by Conquest after his inauguration which Title of Conqueror was afterwards out of the flattery or ignorance of the times given unto him by others Therefore the words which the History of St. Stephens in Caen in Normandy reports he used at his last breath The Regal Diadem which none of my Predecessors ever wore I got and gained by the Grace of God only I ordain no man heir of the Kingdom of England which all our Historians unanimously contradict affirming that he ordained VVilliam Rufus his second son particularly to succeed him in it at his death upon which Title only he enjoyed it but I commend the same to the eternal Creator whose I am in whose hands are all things For I became not possessor of so great honour by any hereditary right but by an humble conflict and with much effusion of blood I took it from the perjured King Harold and after I had either slain or put to flight his favourits and Servants I subdued the kingdom to my self must either be reputed false and fabulous as most esteem them or else have this construction that he gained the actuall possession of it against Harold and his adherents only by the Sword and that he had not an hereditary right thereto as next heir by descent to the Crown but only by adoption from and as heir by donation to King Edward as next of kin by the Mothers side which he made his only Title 5ly Those antient English Historians who first gave him the name of Conquerour did it not in a strict proper sence as if he were a meer universal Conquerour of the Nation disposing of all mens Estates persons and the Laws of the Realm at his pleasure for that he never did but only as one who gained the actual possession thereof from a perjured Usurper and his forces by strength of arms conquering them by open battel in the field but still claiming it by gift contract and designation from King Edward as his Kinsman as an heir who forcibly outs a disseisor and intruder comes in by Title and Inheritance only though he gains the possession by force This is