periculum ducitâ—â— in itinere obvium habuerit potestatem habeat eripiendi eum ab imminen i periculo in toto Regno meo The old Charter begins thus In nomine Domini nostri Jesu Christi Quamvis Decreta Pontificum verba Sacerdotum inconvulsis ligaminibus velut fundamenta montium fixa sunt tamen plerumque tempestatibus turbinibus saecularium rerum Religio sanctae Ecclesiae maculis reproborum dissipatur ac â—…itur Iccirco profuâ—… succedentibus posteris esse decrevimus ut ea quae salubri Consilio et communi assensu definiuntur nostris literis roborata firmentur c. Hoc itaque Dunstano Doroberniensi at que Oswaldo Eboracensi Episcopo adhortantibus consentiente etiamer annuente Brithelmo Fontanensi Episcopo caeterisque Episcopis Abbatibus et Primatibus Ego Edgar divina dâ—â—poâ—…one Rex Anglorum c. And it concludes thus Acta est haec Privilegii â—aginâ— confirmata apud Londonium Communi Concilio omnium Primatum meorum Then follow the subscriptions of King Egar Alfgina his Mother Prince Edward Kinred King of Scots Mascusius the chief Admiral both the Archbishops 6 Bishops 8 Abbots 3 Dukes and other Officers Which Charter and Privileges at the Kings request were ratified by Pope John the 13 in a general Council at Rome Anno Dom. 971. by a special Bull that they might remain inviolable yet both the Abbey it self Lands Privileges are long since demolished dissipated annihilated such is the mutabiliunity of all sublunary things The self same year Anno 970. King Edgar by his Charter granted and confirmed sundry Lands and Privileges to the Monastery of Medeshamsted formerly demolished by the Danes which Bishop Aethelwold had repaired and named Burgh perpetually exempting it from all Episcopal jurisdiction yoak and exaction Quatenus nec Rex nec Comes nec Episcopus praeter Christianâ—â—atem attinentium Parochiarum nec vicecomes nec ulla alia major minorve persona ulla dominatione occupari praesumat excepta moderata expeditione Pontis Arcisve constructione VVhich Charter was ratified by the kings own subscription both the Archbishops sundry Bishops Abbots Dukes and other chief Officers and the sign of the Cross after each of their Names In the year 973. King Edgar after his seven years penance expired on the Feast of Pentecost in the 30th year of his age was solemnly Crowned and consecrated King and wore his Crown with great glory at Akemancester alias Bath both the Archbishops Dunstan and Oswald with all the rest of the Bishops of England ac Magnatibus universis and all the Nobles being there preâ—ent at his Coronation and received the accustomed Gifts usually given to the Nobles being at such inaugurations Soon after the same year this King with a very great Fleet and Army sayling round about the Northern parts of England came to Westchester where his eight tributary Kings or Vice-royes namely Kyneth king of Scots Malcome King of Cumberland Marcus king of Man and many other Ilands and the other 5 kings of Wales Dufnall Siferth Howel Iames and Iuchill met him as he had commanded them and swore alleâ—i nce to him in these words That they would be faithfull and assisting to him both by Land and Sea Which done he on a certain day entred with them into a Barge and placing them at the Oares himself took the Helm and steered the Barge very skilfully whiles they rowed it down the River of Dee from his Palace to the Monastery of St. John Bapist on the other side all his Dukes and Nobles following and accompanying him in other Barges where having made his Prayers they all rowed him thence back again in like pompe to his Royal Palace which when he had entred he said to his Nobles That any of his Successors might then say he was King of England when with so many Kings following and subject to him he should enjoy the Prerogative of the like pompe and power But Mr. Fox subjoyns In my mind this king had said much better God forbid that I should glory in any thing but in the Cross of our Lord Jesus Christ The year following An. 974. Certain Merchants comming from York arived in the Islle of Thanet in Kent where they were presently taken by the Ilanders and spoyled of all their goods which king Edgar being informed of was so far incensed against these Plunderers that he spoyled them of all their Goods and deprived some of them of their lives Which Huntingdon and Bromton thus record Rex Edgarus undecimo Anno Regni sui jussit praedari Insulam Tenet Quia jure Regalia spreverant non ut host is insaniens sed ut Rex malo mala puniens The same year as Malmesbury Ingulphus and others write king Edgar by his regal Charter caused the secular Priests to be removed out of the Monastery of Malmesbury and introducing Monks in their places restored to them the Lands and Possessions of the monastery which the secular Priests formerly enjoyed and had leased 〈◊〉 that upon a full hearing before the Wise-men Bishops others in his presence most likely in a Parliamentary Council as this clause in his Charter intimates Haec a praedictis accommodata Clericis a contensioso possessa est Edebnoto sed superstitiosa subtilique ejus disceptatione aSapientibns meis audita et conflictatione illius mendosa ab eisdem me praesente convicta Monasteriali a me reaâ— â—a est usui If the Council of Winchester hereafter cited Anno 975. was held in King Edgars life time as some affirm most probably this debate here mentioned touching these Lands was held in and before that Council and this Charter therein made and ratified with the subscriptions of the Kings Arch-bishops Bishops Abbots and Dukes thereto annexed according to the custome of that age Although King Edgar in his younger daies was subject to many Vices and committed some injurious Tyrannical Acts recorded by Malmesbury Fox Speed and others yet repenting of these his youthfull lustfull Vices he proved such a just and prudent King that our Historians of elder and later ages give these large Encomiums of his Justice Prudence Piety Vertues and politique Government worâ—hy perpetual memory and immitation So excellent was he in Justice So sharp was he in correction of Vices as well in his Magistrates Officers and other Subjects that never before his days was less felony by Robbers nor less extortion or Bribery by false Officers such as were wicked he kept under them that were Rebels he repulsed the godly he maintained and the just and modest he loved the learned and virtuous he encouraged He would suffer no man of what degree or quality soever he were to elude or violate his Laws without condigne punishment In his time there was neither any private Pilferer nor publike Theef but he that in stealing other mens Goods would venture and suffer as he was sure the loss of his own Goods and
Soveraign and the like who had under his subjection Dominion not only the People and Land but the Sea likewise also by reason of his Great Dominions was so much elevated with pride of heart that he once commanded the royal Throne of his Empire to be placed on the Sea shore near the water as the Sea was flowing in upon it and then stepping up into his Throne sitting in it he spake thus to the Sea in an imperious manner as if he were absolute Sovereign of it Tu meae ditionis es c. Thou art under my Dominion and part of my Empire and the land on which I fit is mine neither is there any one in it who dares resist my command without punishment Therefore I now command thee that thou ascend and come not up upon my land nor yet presume to wet my royal robes nor the feet or Members of thy Soveraign But the Sea notwithstanding this Inhibition ascending after its accustomed manner and nature and no wayes obeying his commands wet both his feet legs and royal Robes without any revernce Whereupon the King leaping hastily out of his Throne almost over-late and retiring from the waves used these words Lâ—t all the Inhabitants of the world know that the power of Kings is but. vain and frivolous and that no man is worthy the name of a King but he alone to whose beck both Heaven Earth and the Sea obey by everlasting Laws Henry de Knyghton superaddes thereto as part of his Speech which most others omit I am a Wretch and a Captive able to do nothing possessing nothing without his gift I commend I recommend my self to him and let him be the Gardian of debility Amen After which King Cnute never wore his Crown upon his head but put it upon the head of the Crucifix at Winchester as most accord to the praise of the great King thereby giving a great example of humility to Kings and Conquerors who in the height of all their power can not command the Sea or least wave not to flow or wash them Henry de Knyghton conceives this to be before his pilgrimage to Rome others expresly record it was after his return from thence whose computation I here follow and therefore place it in this year In the year of our Lord 1035. King Cnute a little before his death made this partition of his kingdoms amongst his Sons Swane his son by Q. Algiva or as some affirm of a Priests wife suborned by Algiva as her own he made King of Norwey his Son Harde-Cnute by Queen Emma he caused to be crowned King of Denmark as Wigorniensis Hoveden and others write yet some gainsay it that he made his Son Harold King of England and soon after died at Shaftesbury November 12. 1035. and was buried at Winchester Immediatly after his decease the Nobles met at Oxford about the election of a new King which our Historians thus express Convenerunt apud Oxoniam ad Colloquium as Mat. Westm or Placitum magnum as Huntindon and others stile it Proceres Regni Vt de novo Rege creando tractarent ibidem All the Nobles of the Realm assembled in a great Parliamentary Council or Court at Oxford that they might consult about the electiction of a New King which they would not have done had Harold been made King of England before by Cnute in his life time Leofric Earl of Chester and the rest of the Nobles on the Northside of the Thames with all the Danish Princes and Londoners who by conversing with the Danes amongst them were corrupted with their vices and addicted to their party elected Harold Son of Cnute by his Concubine Algiva whom some aver to be the son of a Tayler for their King But Godwin Earl of Kent with the Princes of the Western part of England contradicting them would rather have elected Harde-Cnute son of Cnute by Queen Emma or one of the Sons of King Ethelred and Emma then in Normandy After great strife and debate between the Nobles about the Election because Harold was there personally present but Harde-Cnute then in Denmark and Alfred and Edward in Normandy Harolds party prevailed against Earl Godwins qui tandem vi numero minor cessit violentiae Whereupon Harold was presently crowned King at Oxford by Elnothus Archbishop of Canterbury though at first he was very unwilling to perform that service For it is reported of him that he having the regal Scepter and Crown in his custody refused with an Oath to consecrate any other for King so long as Queen Emma her children were living for said she Cnute committed them to my trust and assurance and to them will I give my faith and allegiance This Scepter and Crown therefore I here lay down upon the Altar neither do I deny nor deliver them to you but I require by the Apostolick Authority all Bishops that none of them presume to take the same away neither that they consecrate him King therewith as for your self if you dare you may usurp that which I have committed to God on this Table Notwithstanding this great thunderclap being allayed with the showers of Golden promises of his just good and religious government intended though present experience manifested the contrary he was crowned by him Anno Anno. 1035. Henry Huntindon and others write That they elected him King only to keep the kingdom for his Brother Harde-Cnute then in Denmark Harold and the Nobles of West-Sex who opposed his election upon advice taken resolved that Qneen Emma wife of the deceased King should keep West-Sex and Winchester for the use of her Son Harde Cnute and that Earl Godwin should be their Captain in military affairs Roger Hoveden and others record That Harold being elected King by the consent of the major part of the Nobles of England obtained the royal dignity and began to reign quia justus haeres because he was a lawfull heir yet he reigned noâ— so powerfully as Cnute quia justior haeres expectabatur Harde Cnutus because a juster heir Harde Cnute was expected By reason of this disagreement amongst the Nobles to please both parties the kingdom of England was therupon divided by Lot Harold enjoying the Northern part thereof and Harde-Cnutes friends retaining the Southern part of it for his use No sooner was Harold crowned King but to secure himself the better in his Throne he presently posted to Winchester with his forces where tyrannically and forcibly taking away all the Treasures and goods which Cnute had left to Queen Emma his Mother-in-law he banished her out of England into Flanders some write she was thus banished by the secret Counsel and treachery of Earl Godwin whom she had made General of her forces for her preservation who proved unconstant and a Traytor to her and her children where in this her distresse she was honourably entertained by Earl Baldwin In the year 1036. Alfred eldest Son of King Ethelred comming over to claim his
right in the Crown was with his Norman associates betrayed and murdered by the treachery of Earl Godwin of which I finde these several different relations in our Historians Matthew Westminster Ranulphus Cistrensis and others out of them record that Alfred being in Normandy and hearing of the death of Cnute came into England with 23. chosen ships full of Souldiers ut paternum regnum de Jure sibi debitum vel pacificè vel si necessitas cogeret armatorum praesidio obtineret that he might obtain his fathers kingdom of right due unto him either peaceably or if necessity compelled by force of arms Who ariving with his forces at Sandwich Port came as far as Canterbury When Godwin Earl of Kent knew of his comming he went to meet him and receiving him in his fidelity the very next night following compleated the part of the Traytor Judas upon him and his fellow-Souldiers For after kisses of peace given and joyful banquets in the silence of the midnight when as Alfred and his companions had given their Members to sleep they were all taken unarmed in their beds suspecting no harm by a multitude of armed men rushing in upon them and their hands being tyed behind their backs they were compelled to sit down in order one by another Where sitting in this manner nine of them were always beheaded but the tenth dismissed and his life reserved for a time These things were acted at Gildeford a royal Town But when it seemed to the Traitor Godwin that there were more yet remaining alive of them than was profitable he coÌ„manded them to be tithed over again as before and so very few of them remained alive But young Alfred every way worthy of royal honour he sent bound to the City of London to King Harold that therby he might find greater favor with him with those few of his followers who remained undecimated So soon as the King saw young Alfred he caused him to be sent to the Isle of Ely and there to have his eyes pulled out of the pain whereof he soon after died but he slew all his Souldiers too perniciously Florentius Wigorniensis Roger de Hoveden Simeon 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 â—…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
maturo laboribus defaecato sciâ—…ti administrare principatum per aetatem severè miserias Provinci ilium pro pristina aequitate temperare c. and upon putting in sufficient pledges and an oath given for his security he came into England with a small train of Normans where he was joyfully received by the Nobles and people Nec mora Gilingeam or rather Londoniam CONGREGATO CONCILIO rationibus suis explicitis regem effecit Dominio palam ab omnibus dato as Malmsbury or electus â—st in Regem ab omni populo as Huntindon and others expresse it After which on Easter day Apr 2. 1043. he was solemnly crowned King at Winchester with great pomp by Eadsi Arch-bishop of Canterbury by the unanimous consent of the Archbishops Bishops Nobles Clergie and people of England to their great joy and content without the least opposition war or blood-shed after 25 yeares seclusion from the Crown by the Danish usurpers Our Historians generally record that Bryghtwold a Monk of Glastenbury afterwards first Bishop of Wilton when King Cnute had banished and almost extinguished the whole royal issue of the English race almost past any possibility or probability of their restitution to the Crown which he had forcibly invaded by the sword on a certian night fell into a sad deep contemplation of the forlorn condition of the royall Progeny of the English nation then almost quite deleted by the Danes and of the miserable condition of England under these forraign usurpers After which falling into a deep sleep he saw in a vision the Apostle S. Peter himself holding Prince Edward then an exile in Normandy by the hand and anointing him King in his sight who declared to him at large how holy this Edward should be that his reign should be peaceable and that it should continue for 23 years After which Bryghtwold being yet unsatisfied who should succed him and doubting of Edwards off-spring demanded of S. Peter who should succeed him whereunto S. Peter returned him this answer REGNUM ANGLIAE EST REGNUM DEI ET IPSE SIBI REGES or REGEM as some render it PROVIDEBIT The Realm of England is Gods Kingdome and he himself shall provide Kings or a King for himself according to his good pleasure Yea the golden legend of King Edwards life informs us THAT HE WAS CHOSEN KING OF ENGLAND BY CONSENT OF PARLIAMENT WHILES HE WAS YET IN HIS MOTHERS WOMB as well as after Harde-Cnute's death Take the relation of it in Abbot Ailreds words and of Brightwolds vision likewise Cum igitur gloriosus Rex Ethelredus ex filia praeclarissimi comitis Thoreti filium suscepisset Eadmundum cognomento Ferreumlatus ex Regina autem Emma Aluredum beatus Edvardus inter Viscera materna conclusus utrique praefertur agente â—o qui omnia operatur secundum concilium voluntatis suae qui dominatur in regno hominum cui voluerit dat illud FIT MAGNUS CORAM REGE EPISCOPORUM PROCERUMQUE CONVENTUS magnus plebis vulgique concursus quia jam futurae cladis indicia saeva praecesserant AGITUR INTER EOS DE REGNI STATU TRACTATUS Deinde Rex successorem sibi designare desiderans QUID SINGULIS QUIDVE OMNIBUS VIDERETUR EXPLORAT Pro diversorum diversa senentia res pendebat in dubio Alii enim Eâ—dmundum ob invictissimum robur corporis caeâ—eris aestimant praeferendum alii ob virtutem Normanâ—…ci generis Aluredum promovendum tutiùs arbitrantur Sed futurorum omnium praescius prioris brevissimam vitam alterius mortem immaturam prespiciens in pueâ—uÌ„ nec dum natuÌ„ UNIVERSORUM VOTA CONVERTIT Vtero adhuc claudetur in Regem eligitur non natus natis praefertur quem nec dum terra susceperat terrae dominus designatur Praebet electioni REX CONSENSUM laeti PRAEâ—ENT PROCâ—RES SACRAMENTUM inusitato miraculâ— IN Ejus FIDELITATE JURARUNT qui utrum nasceretur ignorarunt Tua haec sunt opera Christe Jesu qui omnia operaris in omnibus qui electum dilectum tibi an e mundi constitutionem plebis tui rectorem hiis indiciis declarasti quem liâ—èt per illos non tamen illi sedâ—… potius ele gisti Quis enim non videat rec aptum usui nec conveniens tempori nec censonum rationi nec humano ferendum fuisse sensui ut omissis filiâ—… legitimâ—s adultis hostili gladio imminente parvulus necdum natus ELIGERETUR IN REGEM quem in tali n cessitate n c hostes m tuerent nec cives revererentur Sed omnipotens Deus Spiritum prophesiae veci simul affectui plebis infudit praesentia malâ—spe futurae consolation is temperans ut sciant omnes in totius regni consolationem regem futurum quem ab ipso Deo plebe nesciente quid fecerit nullus dubitaret clectum Saevibat interim gladius hostilis in Anglia caedibus rapinis omnia replebantur ubique luctus ubique clamor ubique desolatio Incenduntur ecclesiae monasteria devastantur ut verbis propheticis utar effuderunt sanguinem sanctorum in circuitu Jerusalem non erat qui sepeliret Sacerdotes suis fugatisedibus sicubi pax quies aliqua in monasteriis vel locis desertis inveniebatur communem miseriam deplorantes delitescebant Inter quos vene abilis Bryghtwaldus Wintoniensis Episcopus caenobâ—um Glastoniense maerens tristis ingressus orationibus vacabat psalmis Qui cum aliquando pro Regis plebisque liberatione preces lacrymasque profunderet quasi in haec verba prorumpens Et tu inquit Domine usque quo usque quo avertis faciem tuam obliviscens inopiae nostrae tribulationis nostrae Sanctos tuos occiderunt altaria tua suffoderunt non est qui redimat neque qui salvum faciat Scio Domine scio quia omnia quae fecisti nobis in vero judicio fecisti sed nunquid in aeternum projiciet Deus non opponet complacitus sit adhuc erit ne Domine Deus meus erit ne finis horum mirabilium aut in aeternum tuus in nos mucro desaeviet percutias usque ad internecionem Inter preces tandem lachrim as fatigatum soper suavis excepit viditque per somnium caelâ—stem chorum cum lumine beatissimumque Petrum in eminâ—nti loâ—o constitutum dignum tantae majestati habitum praeserentem Videbatur ante eum virâ—pyaeâ—lâ—ri vultus in forma decenti regalâ—bus amictus insigniis quem cum p opriis manibus Apostolus censecrasset â—uxisset in regem monita salutis adjacit praecipuâ—que caelibem vitam commendans quot esset annos regnaturus aperuit Obstupefactus Praesul tanti novitate miraculi petit sibi a sanâ—to visionis hujus mysterium revelari de statu insuper regni instantis fine periculi apostolicum exegit oraculum Tunc factus vultus placido in tuâ—ns inâ—uentem Domini inquâ—t o Praesul Domini est regnum ipse dominatur in fâ—…s hominum Ipse
Church and Clergy from all Invasion injury violence disturbance and specially enact That not only all Clerks and Clergy men but all other persons shall enjoy the peace of God and the Church free from all assaults arrests and other disturbances whatsoever both on Lords-days Solemn Festivals and other times of publike Church meetings eundo subsistendo redeundo both in going to continuing at and returning from the Church and publike duties of Gods worship or to Synods and Chapters to which they are either summoned or where they have any business requiring their personal presence wherewith the Statute of 8 H. 6. c. 1. concurs as to the later clause Therefore all Quakers Anabaptists and others who disturb affront and revile assault or abuse our Ministers or their people as many now doe in going to or returning from the Church or whiles they continue in it as well before or after as during Divine Service Sermons or Sacraments there administred may and ought by the Common Law of England confirmed both by Confessor and Conquerour in their Parliamentary Councils to be duly punished as Breakers of the Peace by all our Kings Justices and Ministers of publike Iustice being ratified by Magna Charta c. 1 and the Coronation Oaths of all our Kings which all our Judges and Justices are bound to observe To keep to God and holy Church to the Clergy and to the People Peace and Concord entirely according to their power especially during the publike worship of God in the Church and in going to tarrying at and returning from the duties which they owe unto him both as his Creatures and Servants And to grant keep and confirm the Laws Customs and Franchises granted by the glorious King Edward 3. That they prescribe the due payment of Tithes to God and his Ministers as well personal as praedial under Ecclesiastical and temporal penalties being granted and consented unto a Rege et Baronibus et Populo 4. That the Causes and pleas of the Church ought first to be heard ended in Courts and Councils before any other Iustitia enim est ut Deus ubique praecaeteris honoretur 5. That they thus define Danegild Danegaldi redditio propter Piratas primitus Statuta est Patriam enim infestantes vastationi ejus pro posse suo insistebant Ad eorum quidem insolentiam reprimendam Statutum est Danegaldum annuatim reddi scilicet duodecim denarios de unaquaque Hida totius Patriae ad conducendos eos qui Piratarum eruptioni Resistendo obviarent To which Hoveden Knyghton Lambard and others subjoyn De hoc quoque Danegaldo omnis ecclesia libera est quieta omnis terra quae in proprio dominico Ecclesiae erat ubicunque jacebar nihil prorsus in tali redemptione persolvens quia magis in Ecclesiae confidebant orationibus quam in armorum defensionibus usque tempora Willielmi junioris qui Ruffus vocabatur donec eodem a Baronibus Angliae auxilium requirente ad Normanniam requirendam retinendam de Roberto suo fratre cognomine Cortehose Ierusalem proficiscente Concessum esi ei non Lege sancitum neque confirmatum sed hac necessitatis causa ex unaquaque hida sibi dari quatuor solidos Ecclesia non excepta Dum vero collectio census fieret proclamabat Ecclesia suam reposcens libertatem sed nil profecit By which it is apparent 1. That this grievous Tax of Danegeld was first granted and appointed by a publike Law in a Parliamentary Council to hire men to resist the eruption of the Pyrates and Enemies That it amounted but to 12 d. a year upon every Ploughland That the Church and Demesne Lands of the Church where ever they lay were exempted from it till William Rufus his time who first exacted it from the Clergy upon a pretended necessity and raised it from 12 d. to 4 s. a Ploughland by grant of the Barons without any Law to enact or confirm it for fear of drawing it into consequence 6ly That these Laws thus describe the Duty and Office of a King The King because he is the Vicar of the highest King is constituted for this end that he may rule the earthly kingdom and the Lords people and above all things that he may reverence his holy Church and defend it from injuries pluck away evildoers from it and utterly to destroy and disperse them Which unless he shall doe the name of a King agreeth not unto him the Prophet Pope John witnessing Nomen Regis perdit qui quod Regis est non faciat he loseth the name of a King who dischargeth not the duty of a King Pepin and Charls his Son being not yet Kings but Princes under the French King hearing this definitive Sentence as well truly as prudently pronounced concerning the name of a King by William the bastard King of England foolishly writ to Pope John demanding this question of him Whether the Kings of France ought so to continue being content only with the name of a King Who answered That it is convenient to call them Kings who do watch over defend and govern the Church of God and his people imitating King David the Psalmograph saying He shall not dwell in my House which worketh pride c. After which it followeth in Mr. Fox and some others but not in Hoveden and Knyghton Moreover the King by his right and by his Office ought to defend and conserve fully and wholly in all ampleness without diminution all the Lands Honours Dignities Rights and Liberties of the Crown of his Kingdom And further to reduce into their pristine state all such things as have been dispersed wasted and lost which appertain to his kingdom Also the whole and universal Land with all Ilands about the same in Norwey and Denmark be appertaining to the Crown of his kingdom and be of the appurtenances and dignity of the King making one Monarchy and one Kingdom which sometimes was called the Kingdom of Britain and now the Kingdom of England such bounds and limits as is abovesaid be appointed and limited to the name of this kingdom A King above all things ought to fear God to love and observe his commandements and cause them to be observed through his whole kingdom He ought also to keep cherish maintain and govern the holy Church within his kingdom with all integrity and Liberty according to the constitution of his ancestors and predecessors and to defend the same against all Enemies so that God above all things be honoured and ever before his eyes He ought also to set up Good Laws and Customs such as be wholesom and approved Such as be otherwise to repeal them and thrust them out of his kingdom Item he ought to doe Iudgement and Iustice in his kingdom by the counsel of his Realm All these things ought a King in his own person to do taking his Oath upon the Evangelist swearing in the presence of the whole State of
occidendum non rati slew and cut off the heads of all his Servants and Courtiers as well English as Danes being above 200. on the North part of the river of Humber then breaking up his Treasury they took away-all his Treasures Horses Armes houshold-stuff and all things that were his The rumor whereof being brought to the King and the Country in an uproar almost all the Northumberlanders met together and elected constituted Morchar Earl Algarus son for their Earl in the place of Tosti who marched with them into Lincolnshire Nottinghamshire and Derbyshire wasted and pillaged those Counties slew many of the Inhabitants and carryed many thousands of them away captive leaving those Counties much impoverished many years after Hereupon Harold was sent against them to revenge those injuries to prevent further mischiefs and to mediate a reconciliation between them and Tosti Upon this the Northumberlanders met Harold first at Northampton and afterwards at Oxford and although they were more in number than he yet being desirous of quietness and peace they excused the fact unto him saying Se homines liberè natos liberè educatos nullius Ducis ferociam pati posse A majoribus didicisse aut Libertatem aut Mortem c. That they being men freely born freely educated could not suffer the cruelty of any Duke That they had learned of their ancestors either to enjoy Liberty or death Therefore if the King would have them his Subjects he must set another Earl over them even Morchar who had had experience how sweetly they knew to obey if they were sweetly handled But all of them unanimously refused any reconciliation at all with Tosti whom they Outlawed together with all those who had incited him to make an unjust Law and impose an illegal Tribute upon them Harold hearing these things and minding more the Peace of the Country than his brothers profit recalled his Army and the King having heard their answer confirmed Morchar for their Duke Tosti hateful to all men by the assistance of Earl Edwin was expelled out of England by the Northumberlanders and driven with his wife and children into Flanders whence returning about two years after and joyning with the Danes he entred with the Danes into Northumberland miserably harrowed the whole Country slaughtered the inhabitants and at last was there slain with most of his Souldiers by his own brother King Harold Anno 1066. King Edward as Abbot Ingulphus living in that age records Anno 1065. being burdened with old age perceiving Prince Edgar Atheling his Cosen Edwards son lately dead to be uâ—fit for the royal throne tam corde quam corpore as well in respect of minde as body and that Earl Godwins many and wicked progeny did daily increase upon the earth set his mind upon his Cosen William Duke of Normandy et eum sibi succedere in Regnum Angliae voce stabili sancivit and decreed by a stable vote that he should succeed him in the Realm os England For Duke William was then superiour in every battel and a triumpher against the King of France and his fame was publickly blazed abroad amongst all the Earls of Normandy who were next him being invincible in the exercise of Arms Iudex justissiuâ—us in causarum judicio a most just Judge in the judging of causes and most religious and most devout in the service of God Hereupon King Edward sent Robert Archbishop of Canterbury to him as his Legate a Latere or special Embassador illumque designatum sui regni Successorem tam debito cognationis quam merito virtutis suae Archipraesulis relatu insinuavit and intimated unto him by the relation of his Archbishop that he had designed him to be the Successor of his Realm as well by the debt of kinred as by the merit of Virtue Moreover Harold the Major of the Kings Court comming into Normandy not only swore that he would conserve the Kingdom of England for Duke William after the Kings death but likewise promised upon Oath that he would take the daughter of Duke William for his wife and upon these promises returned home magnificently rewarded After which he subjoins Edwardi piissimi Regis cujus cognatione et consanguinitate inclytus Rex noster Willelmus fundat conscientiam suam regnum Angliae invadendi caeteris Regibus de Danorum sanguine quasi nullius authoritatis ad allegandum interim intermissis William of Malmsbury who flourished in or near that very age thus seconds him After the death of Edward his son Edgar was Neque promptus menu neque probus ingenio Rex itaque defuncto cognato quia spes prioris erat soluta suffragii Willielmo comiti Normanniae successionem Angliae dedit Erat ille hoc munere dignus praestans animi juvenis qui in supremum fastigium alacri labore excreverat Praeterea proxime consanguineus filius Roberti filius Richardi seoundi quem fratrem fuisse Emmae matris Edwardi non semel est quod diximus Forunt quidam ipsum Haroldum a Rege in hoc Normanniam missum alii secretioris consilii conscii invitum venti violentia illuc actum quo se tueretur invenisse commentum quod quia propius vero videtur exponam Harold comming to his farm at Boseam going for his recreation into a fisher-boat and putting forth into the Sea in sport was by a sudden contrary storm arising driven with his companions into the Village of Ponthieu in France where he was stripped and bound hand and foot by the rude Country people and carried Prisoner to Guido their Earl who detained him in Prison to gain a ransom from him Whereupon Harold being of a subtil wit studying how to relieve himself by large promises procured a Messenger to inform Duke William that he was sent by the King into Normandy that what lesser Messengers had but muttered touching his Succession to the Crown of England he might perform by his presence especially that he was detained in bonds by Earl Guido wherby he was hindered to deliver his message notwithstanding his appeal to him which was a great diminution to his honor and if his captivity were to be redeemed with monie he would willingly give it to him and not to Guido Upon which he was by Duke Williams command released brought by Guido into Normandy and there nobly feasted by the Duke where by his valour and policy he gained great reputation with Duke William and that he might more indear himself in his favour he there voluntarily of his own accord confirmed to him the Castle of Dover which belonged to him of right and the Kingdom of England after King Edwards decease whereupon the Duke espoused him to his daughter Adeliza then a child and bestowed her whole ample portion upon Harold and then honourably dismissed him Matthew Westminster Anno 1057. relating this Story of Harolds driving into Ponthieu by storm against his will as hapning in that year and that to ingratiate himself with Duke William
battel in a tumultuous manner were 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 disbanded 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 a ascribes 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 Arch-bishop of Canterbury Earl Odo and all the French and Normans out of England which wrong he would revenge on Harold as done principally by his means and labour The third and chief ground was because Harold falling headlong into perjury had without any right usurped the Crown and Realm of England which of due belonged unto him both by right of Kinred to and gift by King Edward his Nephew and by Harolds own solemn Oath and promise made to him in Normandy to preserve the Kingdom for his use after King Edwards death without children according to King Edwards command While Duke William with his ships and Army lay many days together at S. Valerie expecting a fair gale for England the winds being cross many of the common souldiers there lying in Tents thus muttered one to another That the man was mad who would by force invade and make another mans Country and Realm his own That God did fight against them in withdrawing the winds That his Father attempted the same thing in the same manner and was hindered and inhibited therein That it was fatal to his family that aspiring to things above their power they should find God opposite to them These speeches bruted abroad which might enfeeble the strength and abate the courage even of valiant men The Duke thereupon taking Counsel with his Senators caused the Corps of St. Valerie to be brought forth to procure a wind presently a prosperous gale filling their sayles the Duke himself first took ship and launched forth and all the rest after him then casting Anchor till the Fleeâ— 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 sha't 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 wherein the said Astrologer sailed was cast away at Sea and he drowned in it Where unto the Duke replyed That man was not wise who had more regard to the good or â—ll 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
though he gains the possession by force This is evident by the forecited words of Mathew Paris and this passage of Henry de Knyghton not extant in Hygden out of whom he seems to tanscribe it Et sic quia Normannus Iure haereditatis tenuit Normanniae Ducatum ideo Dux Regnum vero Angliae mero Conquestu in respect of actual possession et clameo subscripto in respect of Title by claim by gift from King Edward Ideo Rex which claim and Title being backed by the unanimous election of the Prelates Clergy Nobility People and right heir to the Crown himself who all submitted and sware homage fealty and allegiance to him as their lawfull King infallibly demonstrate him to be no Conquerour in respect of Title in a strict legal military sense even in the judgement of those antient and modern Historians who give him that Title but only in regard of Harold and his party and the actual possession which he got by conquest And in this sense alone is that Distick in the Chronicle of Bromton to be understood Dux Normannorum Willielmus vi validorum Rex est Anglorum Bello Conquestor eorum 6ly Our Great Antiquary Richard Vestegan in his Restitutions of decayed Antiquities learned Mr. John Selden in his Review of the Hist of Tithes p. 482 483. Sir John Hayward in the life of King VVilliam the first Mr. Nathaniel Bacon in his first part of his Historical Discourse of the uniformity of the Government of England chap. 44 45 46 55 56. to omit others most fully prove and assert That the entry of William the first into the royal Government of England neither was nor properly could be by Conquest but by Title and by the free election of the Nobles Clergy and People That although the several Titles he Pretended were perhaps if curiously examined not sufficient to give him a true legal Title and Right to the Crown of England à parte ante because not agreed unto and confirmed by the general consent of the Nobles Kingdom and Nation in a Parliamentary Great Council but only by the King and some particular Prelates and Nobles out of Parliament as Harold in his answers alleged yet being ratified exparte post both by the subsequent consent agreement submission election Oath homage and fealty of all the people Nobles Clergy by their legal free crowning of him at first by Edgar Atheling his own submission sealty and resignation of his royal right and Title thereby unto him and ratified by succeeding Parliamentary Councils it became an indubitable Right and Title both in Law and Justice to him and his Posterity against all others who could lay no legaller Title thereunto he continuing confirming all the antient fundamental Laws Liberties Customs and Government of the English Nation without any alteration both by Oaths and Edicts I shal therefore conclude this point with the words of Shard a learned Lawyer in King Edward the third his reign who when the Kings Counsel in a Quo Warranto against the Abbot of Peterborough would have made a Charter of king Edgar void because they alleged all Franchises were devolved to the Crown by the Conquest replyed thereto The Conquerour came not at all to put any who had lawfull possession out of their rights but to dispossess those who by their wrong had seised upon any land in dis-inherison of the King and his Crown And with the words of our judicious Historian Sa. Daniel concerning this king VVilliam Neither did he ever claim any power by conquest but as a regular Prince submitted himself to the orders of the Kingdom desiring to have his Testamentary Title howsoever weak to make good his succession rather than his sword And though the stile of Conqueror by the slattery of the time was after given him he shewed by all the course of his Government he assumed it not introducing none of those Alâ—erations which followed by violence but by a mild gathering upon the disposition of the State and the occasions offered and that by way of reformation And although Sir Hen. VVotton gives this verdict of them VVe do commonly and justly stile him the Conquerour For he made a general conquest of 〈…〉 Kingdom and People either by Composition or Armes c. Yet he addes He was Crowned on Christmas day 1066. at which time he would fain have compounded a Civil Title of I know not what Alliance or Adoption or rather Donation from Edward the Confessor As if hereditarie kingdoms did pass like Newyears gifts The truth is he was the heir of his Sword Yet from these pretences howsoever there sprang this good That he was thereby in a sorting aged to cast his Government into a middle or mixed nature as it were between a lawfull successor and an Invader though generally as all new Empires do savour much of their beginning it had more of the Violent than of the Legal If any domineering Souldiers or others upon this false surmise of Duke VVilliams right to the Crown and Realm of England by meer conquest shall henceforth presume to claim and exercise a meer arbitrary absolute tyrannical and despotical power over our English Nation Laws Liberties Parliaments Estates Persons as over a meer conquered Nation against all Commissions Trusts Oaths Engagements Declarations and the rules both of Law and War it self being raised waged commissioned only to defend and preserve us from conquest by the opposite party Let them know that they are far greater worser Enemies to their own Native Country than this Norman Duke or any of our former British Saxon Danish Norman or English Kings who never claimed the Crown by meer conquest in any age but only by some real or pretended Title of Inheritance or at least by a free and general election both of the Nobility Clergy and people as this King William did From the former Historical Passages concerning Harold Tosti Duke William and the Kentishmen I shall deduce these legal Observations 1. That no Tax Subsidie or Imposition whatsoever could in that age be imposed on the English or Norman Subjects by their Kings or Dukes but by their common consent in their Parliamentary Councils where they were denied when inconvenient to the publike as well as granted when convenient 2. That no English or Norman Subjects were then obliged to aid and assist their Soveraigns with their persons arms estates or subsidies granted in any foreign invasive war but only left free to contribute what private assistance they thought fit in such cases 3. That no publike wars in that age were ever undertaken but by common advice and consent in great Parliamentary Councils 4. That the Kings of England in that age however they came to the Crown by right or wrong held it both their bounden duty interest safety to defend and preserve the Laws Rights Liberties of the Church and people to enact and maintain good Laws and abolish all evill Laws Rapines Exactions Tributes
and to govern them justly according to their Coronation Oaths and not arbitrarily or tyrannically according to their pleasures 5. That no Freemen in that age could be justly imprisoned banished or put to death but for some hainous misdemeanors and that by a legal trial and conviction 6. That the Subjects of England then held it their bounden duties in times of forein invasion to defend the Realm their Lives Liberties Properties both by Land and Sea against forein Enemies yet they held themselves dis-obliged and were generally averse to defend the person or Title of any Usurper of the Crown against any forein Prince or other Person who had a better right and title to it 7. That our English Ancestors in that age esteemed their hereditary Liberties good antient Laws and Customs more dear and pretious to them than their very lives and would rather die fighting for their Laws and Liberties like freemen than live under slavery or bondage to any Soveraign whatsoever 8. That the Kings of England in that age could neither give away nor legally dispose of their Crowns Kingdoms or Crown Lands to others without the privity and free consent of their Nobles and Kingdom in general Parliamentary Council as is evident by Harolds answers to VVilliams Embassadours the recited passage of Matthew Paris upon that occasion and this of Samuel Daniel p. 34. So much was done either by King Edward or Harold though neither act if any such were was of power to prejudice the State or alter the course of right succession as gave the Duke a colour to claim the Crown by a donation made by Testament which being against the Law and Custom of the Kingdom could be of no validity at all For the Crown of England being held not as patrimonial but in succession by remotion which is a succeeding to anothers place it was not in the power of King Edward to collate the same by any dispositive and Testamentary Will the right descending to the next of blood only by the Laws and Custom of the Kingdom For the successor is not said to be the Heir of the King but of the Kingdom which makes him so and cannot be put from it by any Act of his Predecessors 9. That the Nobilities Clergies and peoples free-Election hath been usually most endeavoured and sought after by our Kings especially Intruders as their best and surest Title To these Legal I shall only subjoyn some Political and Theological Observations naturally slowing from the premised Histories of King Edward Harold and William not unsuitable to nor unseasonable for the most serious thoughts and saddest contemplations of the present age considering the revolutions and postures of our publike affairs 1. That it is very unsafe and perillous for Princes or States to intrust the Military and Civil power of the Realm in the hands of any one potent ambitious or covetous person who will be apt to abuse them to the peoples oppression the kingdoms perturbation and his Sovereigns affront or danger as is evident by Earl Godwin and his Sons 2. That devout pious soft-natured Princes are aptest to be abused and their people to be oppressed by evil Officers 3. That it is very dangerous and pernicious to heditary kingdoms for their King to die without any certain known and declared right Heirs or Successors to their Crowns yea an occasion of many wars and revolutions as is evident by King Edwards death without issue or declared right heir 4. That right heirs to Crowns who are of tender years weak judgement or impotent in Frien is and Purse are easily and frequently put by their rights by bold active and powerfull Intruders as Edgar Atheling was both by Haroid and William successively Yet this is remarkable in both these Invaders of his royal Right 1. That Harold who first dethroned him to make him some kind of recompence and please the Nobles of his party created Edgar Earl of Oxford and held him in special favour 2ly That King William the first to whom he submitted himself and did homage and fealty used him very honourably and entertained him in his Court not only at first buâ— even after he had twice taken up armes against him joyning first with the English Nobilitie then with the Danes and Scots against his interest For Edgar coming to him into Normandy Anno 1066. out of Scotland where he lived some years where nihil ad praesens commodi nihil ad futurum spei praeter quotidianam stipem nactus esset he not only pardoned his fore-past offences but magno donativo donatus est pluribusque annis in Curia manens Libram Argenti quotidie in stipendio accipiebat writes Malmesb. receiving a great donative from him and a pound of silver for a stipend every day and continuing many years in his Court. After which Anno 1089. He went into Apulia to the Holy wars by King Williams licence with 200 Souldiers and many Ships whence returning after the death of Robert son of Godwin and the loss of his best Souldiers he received many benefits from the Emperours both of Greece and Germany who endeavoured to retain him in their Courts for the greatness of his birth but he contemning all their proffers out of a desire to enjoy his Native Country returned into England and there lived all Kings Williams reign In the year 1091. Wil. Rufus going into Normandy to take it by force from his brother Robert deprived Edgar of the honour which his Brother with whom he sided had conferred upon him and banished him out of Normandy whereupon he went into Scotland where by his means a peace being made between VVilliam Rufus and Malcholm king of Scots he was again reconciled to Edgar by Earl Roberts means returned into England being in so great favour with the king that in the year 1097. He sent him into Scotland with an Army Ut in ea consobrinum suum Eadgarum Malcholmi Regis filium patruo suo Dufenoldo qui regnum invaser at expulso Regem constitueret Whence returning into England he lived there till after the reign of king Henry the first betaking himself in his old age to a retired life in the Country as Malmesbury thus records Angliam rediit ubi diverso fortunae ludicro rotatus nunc remotus tacitus canos suo in agro consumit Where most probably he died in peace since I find no mention of his death No less than 4 successive kings permitting this right heir to their Crowns to live both in their Courts and Kingdom of England in peace and security such was the Christian Generosity Charity and Piety of that age without reputing it High Treason for any to relieve or converse with him as the Charity of some Saints in this Iron age would have adjudged it had they lived in those times who have quite forgotten this Gospel Lesson of our Savior they then practised But I say unto you love
Great Councils of that or later ages held in England or Ireland with the many falshoods and absurdities in it will sufficiently evidence it to every intelligent Peruser to be a late Bastard Treatise and no such Antient Record as Sir Edward Cooke most confidently averrs it upon groundless Reasons and bold false averments void of Truth Which Modus if really made and observed in his reign and after ages no doubt our Historians would have mentioned it as well as his Laws of which they give us this following account Henry de Knyghton records That King Edward after his Coronation Consilto Baronum et caeterorum Regni received established and confirmed the good Laws which for 68 years lay as it were asleep among the sleepers and buried in Oblivion These Laws are called the Laws of St. Edward not because he had first invented them but because they being as it were put under a Bushel and laid in oblivion from the time of his Grandfather King Edgar he put to his hand first to find them out and then to establish them Wil. of Malmesbury thus writes of these Laws Omnes Leges ab antiquis Regibus maxime ab antecessore suo Ethelredâ— latas sub interminatione Regiae mulctae perpetuis temporibus observari praecepit in quarum custodia etiam nunc tempore bonorum sub nomine Regis Edwardi Iuratur non quod ille statuerit sed observaverit The Author of the antient Manuscript Chronicle of Litchfield and Mr. Selden out of him together with Roger Hoveden and Bishop Usher inform us concerning these Laws Ex illo die magna autoritate veneratae et per universum regnum corroboratae consecratae sunt prae caeteris regni legibus Leges Regis Edwardi quae quidem prius inventae constitutae fuerunt tempore Regis Edgari avi sui Veruntatem post mortem ipsius Regis Edgari usque ad Coronationem S. Regis Edw. quodcontinet annos 67 predictae leges sopitae sunt eâ— penitus praetermissae Sed postquam Rex Edwardus in regno fuit sublimatus Consilio Baronum Angliae Legem 67 annis sopitam excitavit excitatam reparavit reparatam decoravit decoratam confirmavit confirmata vocata est Lex sancti Regis Edwardi non quod prius ipse invenisset eam sed cum praetermissa fuisset oblivioni penitus dedita a morte avi sui Regis Edgari qui prius Inventor ejus fuisse dicitur usque ad sua tempora videlicet 67 annis The Chronicle of Bromton col 956 957. gives us this large account of these and our other ancient Laws This holy King Edward the Confessor Leges communes Anglorem genti tempore suo ordinavit ordained common Laws in his time for the English Nation because the Laws promulged in former times were over-partial For Dunwallo Molmucius first of all set forth Laws in Britain whose Laws were called Molmucine sufficiently famous until the times of King Edward amongst which he ordained That the Cities and Temples of the Gods and the ways leading to them and the Ploughs of Husbandmen should enjoy the privilege of Sanctuary After which Marcia Queen of the Britons Wife of Guithelin from whom the Provinces of the Mercians is thought to be denonated publish da Law full of discretion and justice which is called Mercian Law These two Laws the Historian Gildas translated out of the British into the Latine tongue and so it was afterwards commonly called Merchenelaga that is The Law of the Mercians by which Law 8 Counties were formerly judged namely Gloucestershire Worcestershire Herefordshire Shropshire Cheshire Staffordshire Warwickshire and Oxfordshire After these there was superadded a Law written in the Saxon or English tongue by Ina King of West-Saxons to which Alfred King of the West-Saxons afterwards superadded the Law which was stiled West-Saxenelega that is the Law of the West-Saxons By which Law in antient times the 9 Southern Counties divided by the River of Thames from the rest of England were judged namely Kent Sussex Surrey Berkeshire Wiltshire Southampton Somersetshire Dorset and Devonshire At length the Danes dominering in the Land a third Law sprang up which was called Danelega that is the Law of the Danes by which Law heretofore the 15 Eastern and Northern Counties were judged to wit Middle sex Suthfolk Northfolk Herthfordshire Cambridgeshire Huntingdonshire Lincoln-shire Nottinghamshire Derbyshire Northamptonshire Leicestershire Buckinghamshire Beddefordshire and Yorkshire which County of York heretofore contained all Northumberland from the water of Humber to the River of Twede which is the beginning of Scotland and is now divided into six Shires Now out of the foresaid three Laws Merchenelega West-Saxenelega and Danelega this King Edward set forth one common Law which even to this day is called the Law of Edward The like is recorded by Hygden in his Polychronicon l. 1. c. 50. Mr. John Fox in his Acts and Monuments vol. 1. p. 213 214. Samuel Daniel his Collection of the History of England p. 22. John Speed his History of Great Britain p. 410. Fabian Holinshed Caxton Grafton and others almost in the self-same words These Laws are no where extant in any Manuscripts or printed Authors as they were originally compiled and digested into one body by him and his Barons but as they were presented upon Oath to and confirmed by King William the Conqueror in the 4th year of his reign of which Ingulphus Abbot of Croyland in the close of his History to which they are annexed in some Manuscripts gives us this account flourishing in that age Attuli eadem vice mecum de Londonâ—is in meum Monasterium Leges aequissimi Regis Edwardi quas Dominus meus inclytus Rex Willielmus autenticas esse et perpetuas per totum Regnum Angliae inviolabiliter tenendas sub paenis gravissimis proclamarat et suis Insticiariis commendarat eodem idiomate quo editae â—unt ne per ignorantiam contingat nos vel nostros aliquando in nostrum grave periculum contraire offendere ausu temerario regiam majestatem ne in ejus censuras rigidissimas improvidum pedem ferre contentas saepius in eisdem hoc modo These Laws are partly Ecclesiastical partly Civil recorded by Roger de Hoveden Annalium pars posterior p. 611. to 631 by Mr. Lambaerd in his Archaion Henry de Knyghton de Eventibus Angliae l. 2. c. 4. Spelmanni Concili p. 613. Mr. Iohn Selden ad Eadmerum Notae Spicelegium p. 172. to 195. Mr. Iohn Fox his Acts and Monuments vol. 1. p. 214. wherein those who please may peruse them In these Laws it is observable 1. That all capital corporal pecuniary punishments fines for criminal offences and all reliefs services and duties to the King are reduced to a certainty not left arbitrary to the King his Iustices or other Officers for the Subjects greater liberty ease and security 2. That they protect preserve the Possessions Privileges Persons of the
Post mortem Regis Edwardi ei Regnum Angliae Sacramento firmavit subjoyns thereto Tradunt autem aliter alii quod videlicet Haroldus a Rege Edwardo fuerat ad hoc in Normanniam missus ut Ducem Gulihelmum in Angliam conduceret qnem idem Rex Edwardus Haeredem sibi constituere cogitavit Roger de Hoved. Annal. pars prior p. 449. Radulph de Diceto Abbr. Chron. col 480 481. Eadmerus Hist Novorum l. 1. p. 4 5. Sim. Dunel Hist col 195. Jo. Bromton in his Chronicle col 947. Hygden in his Polychron l. 6. c. 27. with others record the matter somewhat different from our other Historians That Harold after his Fathers death craving leave of King Edward to goe into Normandy to free and bring into England his Brother Wulnoth Nephew Hake there detained Hostages the King would not permit him to goe as sent by him but yet left him free to do what he pleased of himself therein Adding Praesentio tamente ad nihil aliud tendere nisi in detrimentum totius Anglici regni et opprobrium tui nec enim ita novi Comitem mentis expertem ut eos aliquatenus velit concedere tibi si non praescie â—it in hoc magnum proficuum sui Harold notwithstanding taking ship to go into Normandy upon this occasion was driven by storm into Ponthieu and there imprisoned as aforesaid and by Duke Williams means and threats after two denials released who honourably entertaining him for some dayes to advance his own designs by him at last opened his minde thus to him Dicebat itaque Regem Edwardum quando secum inveneolim juvenis in Normanniae demoraretur sibi interposita fide sua pollicitum suisse quod si Rex Angliae foret Iusregni in illum Iure Haereditario transferret subdens ait tu quoque si mihi te in hoc ipso adminiculaturum sposponderis et insuper castellum Dofris cum puteo aquae ad opus meum te facturum sororemque tuam uni de Principibus meis dederis in uxorem te ad me temport quo nobis conveniet destinaturum nec non filiam meam in conjugem accepturum promiseris tunc et modo nepotem tuum et cum in Angliam venero regnaturus sratrem tuum incolumem recipies in quo regno si tuo favore confirmatus fuero spondeo quod omne quod à me rationabiliter tibi postulaveris obtinebis Hereupon Harold perceiving danger on every side and not knowing how to escape unless he condescended to Williams will in all things he thereupon consented to his requests But he that all things might be ratified bringing forth the reliques of Saints brought Harold to this That he should swear upon them that he would actually perform all things which they had agreed between them These things thus done Harold receiving his Nephew returned into his Country where he related to the King upon his demand what had happened and what hee had done Who said Did I not tell thee I knew William and that many mischiefs might happen to this kingdom in thy journey I foresee in this thy deed that great calamities will come upon our Nation which I beseech God of his infinite mercy to grant that they may not happen in my dayes Mr. Fox relating this story more briefly concludes thus Whereby it may be athered That King Edward was right willing that Duke William should reign after him and also it seemeth not unlike but that he had given him his promise thereunto before The same Hoveden Annalium pars posterior p. 608 609 610. reciting the Laws of King Edward confirmed by King William after he got the Crown records these passages intermixed with them That King Edward retained his Cosen Edwards son Edgar with him and nourished him for his Son and because he thought to make him his Heir he named him Adeling which we call a Little Lord. But King Edward so soon as 〈◊〉 knew the wickednesse of his Nation and especially the pride of the Sons of Godwin of Harold who after invaded the Kingdom Estigurt Lefwin and others of his Brothers imagining that what he had purposed concerning Edgar could not possibly be stable Adoptavit Willielmum Ducem Normannorum in regnum adopted William Duke of Normandy to succeed him in the Realm William I say the bastard the son of Robert his Uncle a valiant warlike and stout man Who afterwards by Gods assistance by vanquishing the foresaid Harold son of Godwin victoriously obtained the Realm of England To which he subjoyns That Edward wanting issue sent Robert Archbishop of Canterbury to his Cosen William Duke of Normandy de Regno eum constituit Haeredem and made him heir of the Kingdom yea after him he sent Earl Harold and He invaded the Realm He further Records That when King William would have altered the Laws of England presented to him upon Oath in the 4th year of his reign but in one poinâ— Universi compatriotae qui leges edixerant tristes effecti c. tandem eum prosecuti sunt deprecantes quatenus pro anima Regis Edwardi qui ei post diem suum concesserat Coronam et Regnum et cujus erant Leges that he would not alter the Laws herein whereupon he consented to their request Thomas of Walsingham thus registers the fact Edwardus Rex Anglorum prolis successione carens olim miserat Duci Robertum Archiepiscopum Cantuar. statuens illum haeredem Regni a Deo sibi attributi Sed et Haroldum ipse postmodum destinavit qui fuit maximus Comitum regni sui in honore dominatione et divitiis ut ei de Corona sua fidelitatem faceret ac Christiano more Sacramentis confirmaret Qui dum ob hoc negotii venire contenderet velificato freto Porti Pontnium appulit ubi in manus Widonis Abbatis villae S. Abvile Comitis incidit quem idem Comes captuâ— cum suis confestim in custodiam trusit Quod ut â—ux comperit missis Legatis violenter illum extorsit quem aliquandiu secum moratuÌ„ facto fidelitate de regno pluribus Sacramentis cum muneribus multis Regi remisit Denique Rex Edwardus completo termino foelicis vitae c. migravit a saeculo Cujus regnum Haroldus continuo invasit ex fidelitate pejuratus quam Duci Iuraverat Ad quem Legatos direxit protinus hortans ut ab hac vesania resipisceret fidem quam Iuramento sposponderat cum digna subjectione servaret Sed ille hoc non solum audire contempsit verum omnem ab illo Anglorum gentem infideliter avertit c. Chronicon Johannis Bromton Col. 945. relates That King Edward purposed to make Edgar whom he had nourished as his Son heir of England Sed ut quidam aiunt Rex gentis suae malitiam et praecipuè superbiam Haroldi filii Godwini et aliorum divina demonstratione praevidens percepit quod propositum suum quoad ipsum Edgarum cognatum suum
de regno post eum obtinendo minime potuit adimplere unde Willhelmo 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 be 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 evasisse Hostiles Perjurii crimen eligendo And Anno 1257. Writing of the Lay Peers of France whereof the Duke of Normandy is first he hath this passage Rex Angliae Dux est de jure Normanniae sanguinis derivatione geneali Rex ex conquestu dicitur tamen quod beatus Edwardus eo 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 Britanniae 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 Innecents day with great solemnity but falling sick in the midst of these festival Solemnities of its dedication he betook himself to his bed where continuing speechlesse for two days space together on the third day giving a great groan and arising as it were from the dead he related to those then about him a Vision he had seen touching the State of England Namely that two religious Monks he had formerly known in Normandy dead many years before were sent unto him with this message declaring the Corruptions and Vices both of the Clergy Nobility Gentry and People of England and the judgements ready to fall upon them for the same Which Matthew Westminster thus relates Quoniam Primores Angliae Duces Episcopi Abbates non sunt Ministri Dei sed Diaboli tradidit Deus hoc regnum uno anno et die uno in manu inimici Daemonesque terram hanc totam pervagabunt Abbot Ailred thus records it Impletum dicunt Anglorum nequitiam iniquitas consummata iram provocat accelerat vindâ—ctam Sacerdotes praevaricati sunt pactum Domini polluto pectore manibus iniquitatis sancta contrectant non Pastores sed Mercenarii exponunt lupis oves non protegunt lac lanam quaerunt non oves ut detrusos ad inferos mors pastores depascat et oves Sed et Principes terrae infideles Sociae surum PRAEDONES PATRIAE quibus nec Deus timori est NEC LEX HONORI quibus veritas oneri JUS CONTEMPTUI CRUDELITAS DELECTATIONI Itaque NEC SERVANT PRAELATI JUSTITIAM nec subditi disciplinam Et ecce Dominus gladium suum vibravit arcum suum tetendit et paravit illum ostendet deinceps populo hinc iram indignationeÌ„ immissiones insuper per Angelos malos quibus traditi sunt anno uno die uno igne simul et gladio puniendi The King groaning and sighing for this calamity that was ready to fall upon his people demanded of the Monks Whether if they repented of their sins upon his admonition to them God would not pardon them and remove his judgements as he did from the Ninivites They replied That God would by no means receive them into his favour because the heart of this people was hardned and their eyes blinded and their ears deafned that they would not hear reproof nor understand admonition nor be terrified with threatnings nor provoked with his late benefits The King thereupon demanded Whether God would be angry for ever Whether he would be any more intreated and when they might hope for a release of so great calamities To which they replyed That if a green tree cut in the midst and carried a great space from the stock could without any help reunite it self to the root and grow again and bring sorth 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
this character of him Superbia elatus jam factus de Rege Tyrannus Rex Haroldus in multis patrisans temerarius suit et indiscretus in praesumptione ancipiti nimis suae invictae considens fortitudini laudis cupidus et Thesauri promissorum immemor arridente prosperitate Unde ipsis Anglis quibus praeerat etiam consanguineis se praebuerat odiosum victoriamque cum illi Dominus exercâ—tuum et Deus ultionum concesserat non Deo sed sibi suaeque ascripsit strenuitati Quod recenti experientia fuerat comprobatum cum a Noricis evictis Superbus spoliisque omnium retentis quae aliis promissa debebantur ad Normannorum praelia praecipitanter et inconsultè festinavit Unde Ducis Gulihelmi magnanimi in negotiis bellicis peragendis et circumspecti fidelis in pollicitis in pace socialis jucundi in conviviis dapsilis et sereni omnibus fere tam Anglis quam conterminis maxime tamen Noricis acceptabatur Recipientes eum benevole dicebant Benedictus qui venit in nomine Domini Rex pacificus bellator victoriosus pater protector desolatorum Dominus autem Papa simulque fratres Cardinales universi cum tota Curia Romana Regem Haroldum semper exosum habentes pro eo quod sibimet diadema Regni sine eorum convenientia et ecclesiastica solemnitate consensuque Praelatorum praesumpserat injuriam dissimularunt Et videntes que fine ausa praesumptio terminaretur cum fortuna adversa sunt adversati potentiorique manu atque victrici more cupidorum vel potius arundinis exagitatae ventorum turbine quantocius inclinaverunt Such was the Popes Clergies temper then Duke William being certainly informed that Harold contrary to his Oath and promise to him had without right or Title invaded the Crown and being secretly invited by some of the English Nobles to challenge his own right thereunto by Kings Edwards designation sent Messengers to Harold who mildly reprehending him for his breach of Covenant added by way of menace that he would before the year expited exact his due from him by force of arms in case he refused voluntarily to yield up the kingdom to him But Harold growing secure contemning his threats as never likely to be put in execution both because the Dukes daughter to whom he was espoused was dead and himself involved in wars with his Neighbour Princes returned his Messengers to him with this answer Harold King of England sends you this answer That true it is when he espoused your daughter in Normandy being compelled by necessity He sware that the Realm of England should belong to thee But against this he asserts That a forced Oath is not to be kept For if a vow or oath which a Virgin had knowingly made concerning her body in the house of her Father without her parents consent was revocable and void much more the Oath which he being under the Scepter of the King had made without his knowledge by compulsion ought to be nnlled and made voyd as he asserted Moreover he affirmed Nimis praesumptuosum fuisse quod absque generali Consensu Regni Haereditatem vobis juraverat alienandam Addidit etiam Injustum esse peâ—ere ut e regno discedat quod tanto Principum favore susceperat gubernandum That it was overmuch presumption in him that without the general consent of the Realm he had sworn the inheritance thereof should be alienated to him That King Edward being then living he could neither give away the Kingdoms succession to him nor grant it to any other without his consent et sine popull consensu Senatus Decreto et nesciente omni Anglia de toto Regno necessitate temporis coactus impegerit and without the consent of the people and decree of the SENATE or Parliament he could not promise to him the whole Realmof England without the knowledge of all England being compelld therto only by the necessity of the time Adding moreover that it was unjust to demand that he should depart from that kingdom which he had undertaken to govern with so great favour of the Nobles Eadmerus Radulphus de Diceto and some others record this to be his Answer then returned to Duke William Soror mea quam juxta condictum expetis mortua e 〈◊〉 Quod si corpus ejus quale nunc est vult Comes habere mittam ne judicer Sacramentum violasse quod feci Castellum Dofris et in eo puteum aquae licet nesciam cui ut vobis convenit explevi Regnum quod necdum fuit meum quo Iure potui dare vel promittere Si de filia sua quam debui in uxorem ut asserit ducere agit Super Regnum Angliae mulierem extraneam inconsultis Principivus me nec debere nec sine grandi injuria posse adducere noverit The Norman who till then thought England sure to be his and had devoted his hopes from a Duke to a King stormed to see himself thus frustrated on a sudden and instead of a Crown to have such scorns heaped on his head therefore nothing content with this slight and scornfull answer returnd his Ambassadors again to Harold by whom he laid his claim more at large As that King Edward in the Court of France had faithfully promised the Succession unto him and again ratified the same unto him at his being in England and that not done without consent of the State but confirmed by Stigand it should be Robert Arch-bishop of Canterbury the Earls Godwin and Siward yea and by Harold himself and that so firmly assured that his Brother and Nephew were delivered for pledges and for that end sent to him into Normandy that he being no way constrained to swear as he pretended he appealed to Harolds own Conscience who besides his voluntary offer to swear the succession of the Crown unto him contracted himself to Adeliza his daughter then but young upon which foundation the Oath was willingly taken But Harold who thought his own head as fit for a Crown as any others meant nothing less than to lay it down upon parly and therefore told Williams Embassadours plainly That however Edward and he had tampered for the Kingdom yet Edward himself coming in by election and not by any Title of Inheritance his promise was of no validity for how could he give that wherein he was not interested nor in the Danes time was likely to be and tell your Duke that our Kingdom is now brought to a setled estate and with such love and liking of the English as that they will never admit any more a stranger to rule over them That the Duke himself well knew that the Oath he made him was only for fear of death or imprisonment and that an Oath so extorted in time oâ— extremity cannot bind the maker in Conscience to perform it for that were to joyn one sin with another With which and the like Speeches he shifted off the Dukes Embassadours without any Princely entertainment or
with violent terms and menaces to depart his kingdom By which he whetted the minds of the Normans to fight and gave them hopes of Victory by his Injustice After which both Armies provided to give battel the next morning being Harolds birth-day 4 October 1066. his Souldiers as men whose Heads were sure to be crowned with lawrels of Victory spent the whole night in licentious revels riot drunkennesse clamours shouts but the Normans more Christianly and seriously demeaning themselves spent it in confessions of their sins prayers and Vowes to God for victorious successe No sooner did the morning appear but the Norman Army was prepared for battel Then Duke William making an elegant oration to them minded them of the extraordinary valour the manifold victories and conquests of their ancestors and themselves which he exhorted them now to second concluding his Speech with this exhortation To avenge the â—injury of Harold and the treachery of him and the English in murdering Prince Alfred and the Noble Normans who accompanyed him Nonne pudeâ— Regem Haroldam contra me in praesentia vestri perjuram faciem suam vobis ostendere ausum fuisse Mihi tamen stupor est Quod eos qui parentes vestros cum Alfrido cognato meo proditione nefanda excapitaverunt oculis vestris vidistis et eorum capita adhuc humeris eorum supersinâ— Erigite vexilla viri nec sit irae promeritae modus vel modestia Ab oriente ad occidente videatur fulmen gloriae vestrae audiatur tonitrum impetus vestri Vindicesque generosissimi sanguinis At which words all the Normans were so incensed against the English that they left their Duke alone speaking to himself before he had ended his Speech and presently charged the English with unspeakable violence before the third part of their army could be set in battel array as Wigorniensis Sim. Dunelmensis Radulphus de Diceto Hoveden Bromton and others write One Taillefer running before the rest slew three English Ensigns one after another and then was slain himself before the rest of the Souldiers encountred The English by reason of the narrownesse of the place were unable to bring up above one third part of their men to fight in an orderly manner For which cause and out of hatred to Harold many of them deserted both the field and him and very few continued with him with a constant heart Yet the battel was so manfully fought by Harold and the English remaining with him with various successe sometimes one side prevailing sometimes the other that it continued from the third hour of the day even till dark night The English stood so thick and close together and fought so valiantly that the Norman assailants could no waies break their array and were upon the point to recoyl Which William perceiving politickly sounded a Retreat the Normans retiring in good order the English supposing them to flie and themselves to be Masters of the field thereupon began disorderly to pursue them breaking their ranks and files but on a sudden the Normans having their wished opportunity charged them afresh being scattered and disordered so as they were not able to recover their battel and so were beaten down and flain on every side none of them by flight seeking to escape the field but to maintain their honour in arms chusing rather manfully to dye fighting in the cause and defence of their Country than to forsake their Kings Standard Who performing the Office both of an expert Commander and valiant Souldier all the day after many wounds received and fighting very manfully was at last slain with an arrow shot through his brain in at his left eye and falling dead from his horse to the ground was slain under his own Standard when he had reigned only 9. Moneths and S. dayes and his two Brothers Girth and Leofwin with most of the English Nobility Gentry there present were slain together with him Upon Harolds death most of the common mercenary Souldiers fled being without that head for whom they fought and were pursued and slain by the Normans till night Sed generosi malentes mori quam probrose fugere videntes exhaeredationem suam imminere et jugum intolerabile donec nox certamen divideret in certamine immota pectora praebentes prestiterunt pulchram mortem pro patria ultione meruere Some of our Historians write that there were slain of the English in this battel no lesse than sixty thousand nine hundred twenty four men which could not be if Harolds Army were so small as some report it the Normans losing not above six thousand in the fight Eadmerus Roger de Hoveden Simeon Dunelmensis Radulphus de Diceto Bromton and others ascribe this Victory only to a divine Miracle and Gods Justice upon Harold for his detestable perjury from the Testimony of the French who were present in it De hoâ— praelio testantur adhuc Franci qui intersuerunt quoniam licet varius casus hino inde extiterit tamen tanta strages et fuga Normannorum fuit ut victoria quâ potiti sunt vero et absque dubio soli miraculo Dei ascribenda sit qui puniendo per hanc iniquum perjurii scelus Haroldi ostendit se non domiuum esse volentem iniquitatem Which Abbot Ailred thus seconds Gulielmus Dei judicio to which Harold appealed ipsum Haroldum Regno simâ—l et vita privavit for invading the Crown against right and his Oath belonging to William jure consanguinitatis antiquae inter ipsum et Edwardum conventionis The most of our Historians do the like Thomas of Walsingham imputes the great slaughter of the English in this battel by the Normans as a just Judgement of God upon them for their treacherous murder of Prince Alfred and the Normans that came with him Referuntur illo conflictu pugnae multa millia Anglorum corruisse Christo illis vicem reddente ob Aluredi fratris Edwardi Regis necem ab eis injuste perpetratus With whom Mr. John Fox concurrs in his forecited passage and Duke Williams Speech to his Souldiers before the battel implies as much he making it the chief ground of his invading England This battel writes Abbot Ailred Anglicae Libertati finem dedit initium Servituti to which Malmsbury subjoyns Illa dies fuit fatalis Anglis funestum excidium dulcis patriae pro novorum dominorum commutatione Hanc autem regni sub versionem sanguinis redundantis effusionem cometa ingens sanguinea at que crinita in exordio illius anni apparens minaci fulgore praesignavit unde quidam Anno mille simo sexageno quoque seno Anglorum metae flammas sensère Cometae Quod Regni mutationem magnam populi Stragem multam terâ—â—e miseriam portendit Ut enim Philosophi dicunt quo dirigit â—rinem illic diriget et discrimenâ— as Abbot Ingulphus Mat. Westminster Matthew Paris Huntindon Hoveden Wigorniensis Simeon Dunelmensis Hygden Knyghton and
the Prelates and Clergy generally except Abbot Frederick appeared for him and would not consent to set up Edgar though right heir 10. That after good deliberation all the Nobles Prelates Londoners and others who first appeared for Edgar with the greatest part of the Clergy people of the English Nation without the least fight or resistance or before any siege or summons from him together with Prince Edgar himself voluntarily went out and submitted themselves sware faith and allegeance to him as their Soveraign at Berkhamsted and after that joyfully received him with highest acclamations as their lawfull King at his entry into London 11. That all the Prelates Clergy and Nobility soon after without any coercion upon his foresaid right and Title freely elected and solemnly crowned him as their lawfull King in a due and accustomed manner and then did Homage and swore new Allegiance afresh unto him as their rightful Soveraign 12. That he took the Ordinary Coronation Oath of all lawfull Kings to mainitan and defend the rights persons of all his people to govern them justly c. as became a good King which a King claiming by meer conquest would never do All these particulars are undeniable Evidences that Duke William never made the least pretence claim or title to the Crown and Realm of England only as an absolute Conqueror of the Nation but meerly by Title as their true and lawfull King by designation adoption and cognation seconded with the Nobles Prelates Clergy and peoples unanimous election And although it be true that this Duke ejected Harold and got actual possession of the Throne and Kingdom from him by the sword as did Aurelius Ambrosius and others before and King Henry the 4. Edward the 4. Henry the 7. with others since his reign yet that neither did nor could make him a King by conquest only no more than these other Princes seeing the end of this warr was not against the whole English Nation the greatest part whereof 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 Westminstor he resolves as much in direct terms where he recites In ore gladii Regnum adeptus sum Anglorum dâ—victâ— Haroldo rege Cumsuis 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 HAEREDITARIO 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 Diadenâ— which none of my Predecessers 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 disâ—eisor and intruder comes in by Title and Inheritance only