Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	john_n	king_n	pope_n	14,323	5	7.1772	4	true

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

and Franchises granted by the glorious King Edward 3. That they prescribe the due payment of Tithes to God and his Ministers as well personal as praedial under Ecclesiastical and temporal penalties being granted and consented unto a Rege et Baronibus et Populo 4. That the Causes and pleas of the Church ought first to be heard ended in Courts and Councils before any other Iustitia enim est ut Deus ubique prae caeteris honoretur 5. That they thus define Danegild Danegaldi redditio propter Piratas primitus Statuta est Patriam enim infestantes vastationi ejus pro posse suo insistebant Ad eorum quidem insolentiam reprimendam Statutum est Danegaldum annuatim reddi scilicet duodecim denarios de unaquaque Hida totius Patriae ad conducendos eos qui Piratarum eruptioni Resistendo obviarent To which Hoveden Knyghton Lambard and others subjoyn De hoc quoque Danegaldo omnis ecclesia libera est quieta omnis terra quae in proprio dominico Ecclesiae erat ubicunque jacebat nihil prorsus in tali redemptione persolvens quia magis in Ecclesiae confidebant orationibus quam in armorum defensionibus usque tempora Willielmi junioris qui Ruffus vocabatur donec eodem a Baronibus Angliae auxilium requirente ad Normanniam requirendam retinendam de Roberto suo fratre cognomine Cortehose Ierusalem proficiscente Concessum est et non Lege sancitum neque confirmatum sed hac necessitatis causa ex unaquaque hida sibi dari quatuor solidos Ecclesia non excepta Dum vero collectio census fieret proclamabat Ecclesia suam reposcens libertatem sed nil profecit By which it is apparent 1. That this grievous Tax of Danegeld was first gran●ed and appointed by a publike Law in a Parliamentary Council to hire men to resist the eruption of the Pyrates and Enemies That it amounted but to 12 d. a year upon every Ploughland That the Church and Demesne Lands of the Church where ever they lay were exempted from it till William Rufus his time who first exacted it from the Clergy upon a pretended necessity and rai●ed it from 12 d. to 4 s. a Ploughland by grant of the Barons without any Law to enact or confirm it for fear of drawing it into consequence 6ly That these Laws thus describe the Duty and Office of a King The King because he is the Vicar of the highest King is constituted for this end that he may rule the earthly kingdom and the Lords people and above all things that he may reverence his holy Church and defend it from injuries pluck away evil doers from it and utterly to d●stroy and disperse them Which unless he shall doe the name of a King agreeth not unto him the Prophet Pope John witnessing Nomen Regis perdit qui quod Regis est non faciat he loseth the name of a King who dischargeth not the duty of a King Pepin and Charls his Son being not yet Kings but Princes under the French King hearing this definitive Sentence as well truly as prudently pronoun●ed concerning the name of a King by William the bastard King of England foolishly writ to Pope John demanding this que●●ion of him Whether the Kings of France ought so to continue being content only with the name of a King Who answered That it is convenient to call them Kings who do watch over defend and govern the Church of God and his people imitating King David the Psalmograph saying He shall not dwell in my House which worketh pride c. After which it followeth in Mr. Fox and some others but not in Hoveden and Knyghton ● Moreover the King by his right and by his Office ought to defend and conserve fully and wholly in all ampleness without diminution all the Lands Honours Dignities Rights and Liberties of the Crown of his Kingdom And further to reduce into their pristine state all such things as have been dispersed wasted and lost which appertain to his kingdom Also the whole and universal Land with all Ilands about the same in Norwey and Denmark be appertaining to the Crown of his kingdom and be of the appurtenances and dignity of the King making one Monarchy and one Kingdom which sometimes was called the Kingdom of Britain and now the Kingdom of England such bounds and limits as is abovesaid be appointed and limited to the name of this kingdom A King abov● all things ought to fear God to ●ove and observe his commandements and cause them to be observed through his whole kingdom He ought also to keep cherish maintain and govern the holy Church within his kingdom with all integrity and Liberty according to the constitution of his ancestors and predecessors and to defend the same against all Enemies so that God above all things be honoured and ever before his eyes He ought also to set up Good Laws aud Customs such as be wholesom and approved Such as be otherwise to repeal them and thrust them out of his kingdom Item he ought to doe Iudgement and Iustice in his kingdom by the counsel of his Realm All these things ought a King in his own person to do taking his Oath upon the Evangelist swearing in the presence of the whole State of the Realm as well of the Temporalty 〈◊〉 of the Spiritualty before he be crowned of the Archbishops and Bishop● Three Servants the King ought to hav● under his feet as Vassals Fleshly Lust Avarice and Gr●edy desire whom if he keep under as his Seruants and Slaves he shall reign well and honourably in his Kingdom All things are to be done with good advisement and premeditation and that properly belongeth to a King For hasty rashness bringeth all things to ruine according to the saying of the Gospel Every kingdom divided in it self shall be desolate c. A clear evidence that our Saxon King● had no arbitrary nor tyrannical power to condemn banish imprison oppresse or Tax their Subjects in any kinde against their Laws Liberties Properties And thus much touching King Edwards Laws Qui ob vitae integritatem Regnandi Iustitiam clementiam Legumque sive à se latarum sive ex veteribus sumptarum Equitatem inter Sanctos relatus est as Matthew Parker records of him In the year of Christ 1053. as many or 1054. as others compute it that old perjured Traytor Earl Godwin came to a most soddein shamefull exemplary death by divine justice which the marginal Historians thus relate and Abbot Ailred thus prefaceth Inserendum arbitror qu●modo Godwinum proditionum suarum donatum stipendiis divini judicii ultrix ira consumpserit detestandique facinoris quod in Regem fratremque ejus cōmiserat populo spectante ipsam quam meruerat poenam exolverat This Godwin being the Kings Father-in-law abusing his simplicity multa in regno contra jus et fas pro potestate faciebat did many things in the

whereof is this That the Church shall be free and enjoy her Iudgements Rents and Pensions And Anno Dom. 700. this king Withred unâ cum consensu Principum meorum together with the consent of his Nobles and Bishops who subscribed their names to his Charter granted to the Churches of God in Kent● th●t they should be perpetually freed ab omni exactione publica tributi atque dispendio vel laesione à praesenti die tempore c. From all publick exaction of Tribute and from all dammage and harm rendring to him his posterity such honour and obedience as they had yeelded to the Kings h●s antecessors under whom Iustice and Liberty was kept towards them About the year of our Lord 678. Wilfrid Archbishop of ●ork ●eing in a Council unjustly depri●ed of his Bishoprick by Theodor Archbishop of Can●erbury who envied the greatness of his Wealth Power and Diocess which he would and did again●● Wilfrids will in that Council divide i●to ● more Bishopricks was after that time exiled the Realm through the malice of Egfrid king of Nort●umberland and Emburga his Queen whom he would have perswad●d ●o become a Nun and desert her Husband as some Authors write and others deny in his favour without any just and lawfull cause and after that about the year 692. being again deprived of his Bishoprick and right by the Iudgement and sentence of another Council held under Aldrid king of Northumberland and Bertuald Archbishop of Canterbury he thereupon ma●e two successive appeals to Rome against their two unjust sentences as he conceived them The first to Pope Agatho and a Council of 150 Bishops held under him who decreed he should be restored to his Bishoprick and make such Bishops under him by advice of a Council to be held `by him as he should deem meet with which decree against his first s●ntence he returning from Rome to king Egfrid to whom he delivered it sealed with the Popes Seal the king upon ●ight and reading thereof in the presence of some of his Bishops tantùm à reverentiâ Romanae sedis abfuit was so far from obeying this Decree of the Roman See that he spoiled Wilfrid of all his Goods and possessions and committed him prisoner to a barbarous and cruel Governour who thrust him into a dark dungeon for many days● and after that committed him to another more cruel Gaoler than he called Tumber who endeavoured to put him into Fetters by the Kings command which he could no ways fasten upon his Legs but they presently fell off again through a Miracle Whereupon wickedness giving place to Religion he was loosed from his Bonds detained in free custody and afterwards released but not restored After which about the year 693. he appealed again to Pope Iohn against the proceedings of the second Council which refused to re-admit him to his Archbishoprick unless he would submit to the decrees of Archbishop Theodore and Brithwald his successor which he refused to do unless they were such as were consonant to the decrees of the holy Canons which he conceived theirs not to be because they would order him to condemn himself without any Crime objected to him Upon which appeal this Pope wi●h his Bishops pronounced Wilfrid free from all Crime and ordered him to return to his A●chbishoprick writing Letters to Ethelred King of Mercians and Alfrid King of Northumberland to restore him thereunto Alfrid receiving the Popes Letters by Wilfrids Messengers altogether refused to obey the Popes commands in this Case saying Quod esset contra rationem homini jam bis à toto Anglorum Concilio damnato propter quaelibet Apostolica scripta communicare That it was against reason to communicate with a man already twice condemned by the whole Council of the English Nation for any writings of the Pope so little were the Popes authoritie and decrees then regarded in England contradicting the kings and English Councils proceedings neither would he restore him all his life After his death Edulfe usurping the Crown by Tyranny Wilfrid repaired to him to restore him to his Archbishoprick upon this account of the Popes Letters Whereupon he was so inraged with him for it though formerly his great friend that he presently commanded him to depart the Realm forthwith unless he would be sp●●led of all his goods and cast out of it with disgrace But this Usuper being deprived both of his Realm Crown and Life in little more than 3 Months space and Osred son of king Alfrid being restored to the Crown by the Nobles as right heir thereunto at last Wilfrid was re-invested in his Bishoprick by the decree of a Council held under him in Northumberland at a place called Nidden An. 705. not so much in obedience to the Popes command as king Alfrids attested by Elfleda his Sister then Abbess of Streneshash witness these words of Berfride Ego jussionibus Papae obediendum censeo prae●er●im cum eorum ro●ori accedat Regis nostri Iussio ● nostrae necessit atis sponsio c. Puer in Regem levat●s hostis abactus Tyrannus extinctus est igitur Regiae voluntatis ut Episcopus Wilfridus revestiatur Upon which he was accor●ingly restored whereupon all the Bishops embraced him and reconciled themselves to him This Bishop Wilfrid procured to the Church of Hagustald which he founded and was Bishop thereof many privileges and that ●or one miles circuit round about none should be arrested going or coming bu● injoy inviolable peace Quod in●titutum authoritate privilegiis Romanae sedi● Apostolicorum Archiepiscoporum Episcoporum Regum Principum tam Scotiae quam Angliae confirmatum est Quod si aliquis temerarius insringere audebit magnae pecuniae damno obnoxius erit perpet no Anathematis gladio ab ecclesi● seperabitur as Richa●d Prior of Hagustald records Anno Domini 708 Egwin Bishop of Worcester procured king Kenred and Offa by their Charters to grant and confirm many Lands and Privileges ●o the Abbey of Evesham which Pope Constantine likewise ratified by his subscription at Rome as well as ●hese kings in the presence of many Archbishops Bishops Princes and Nobles of divers Provinces who commended and approved their Charters and Liberality In purs●ance whereof Pope Constantine writ a Letter to Brithwald Archbishop of Canterbury to summon Concilium totius Angliae a Council of all England to wit of the Kings Bishops Religious persons of Holy Orders Optimatesque Regni cum proceribus suis with the Nobles and great men of the Realm who being all assembled together in the name of the Lord The Archbishop should in their presence read the Charters of these Kings and the Popes confirmation of them that they might be confirmed by t●e favour and assent of the Clergy and the people and consecra●ed with their Benediction Whereupon king Kenred and Offa after their return from Rome assembled a General Council in a place called Alne

kings of Wales Dufn●ll Siferth Howel Iames and Iuchill met him as he had commanded ●hem and swo●e 〈…〉 him in ●he●e words That they would be faithfull aud assisting to him both by Land and Sea W●ich done he on a certain day en●red wi●h them into a Barge and placing them at the Oares himself took the Helm and steered the Barge very skilfully whiles they rowed it down the River of Dee from his Palace to the Monastery of St. Iohn Bapist on the other side all his Dukes and Nobles fol●owing and accompanying him in other Barges where having made his Prayers they all rowed him thence back again in like pompe to his Royal Palace which when he had en●red he said to his Nobles Tha● any of his Successors might then say he was King of England when wi●h so many Kings following and subject to him he should enjoy the Prerogative of the like pompe and power Bu● Mr. Fox subjoyns In my mind this king had said much b●tter God ●orbid that I should glory in any t●ing but in the Cross of our Lord I●sus Christ. The year following An. 974. Certain Merchants comming from York arived in the Islle of Thanet in Kent where they were presently taken by the Ilanders and spoyled of all their goods which king Edgar being informed of was so far incensed against these Plunderers that he spoyled them of all their Goods and deprived some of them of their lives Which Huntingdon and Bromton thus record Rex Edgarus undecimo Anno Regni sui jussit praedari Insulam Tenet Quia jure Regalia spreverant non ut hostis insani●ns s●● ut Rex malo mala puntens The same year as Ma●mesbu●y Ingu●p●us and others write king Edgar by his regal Charter caused the secular Priests to be removed out of the Monastery of Malmesbury and introducing Monks in their places restored to them the Lands and Possessions of the monas●ery which the secular Priests formerly enjoyed and had leased o● ● that upon a ful● hearing before the Wise-men Bishops others in his presence most likely in a Par●iamentary Counci● as ●his c●au●e in his Charter intimates Haec a praedictis accommodata Cl●ricis a con●ensioso possessa est Ed●●●no●● s●d superstitiosa sub●il que ejus discept●tione a Sapientib●s meis audita ●t conflictatione illius mendosa ab eisdem me praesente convicta Monasteriali a me reddita est usui If the Council of Winchester hereafter cited Anno 975. was held in King Edgars life time as some affirm most probably this debate here mentioned touching these Lands was held in and before that Counci● and this Charter therein made and ratified with the subscriptions of the Kings Arch-bishops Bishops Abbots and Dukes thereto annexed according ●o the custome of that age Although King Edgar in his younger daies was subject to many Vices and committed some injurious Ty●●●●ic●● A●●s recorded by Malmesbury Fox Speed and others yet repenting of these his youthfull lustfull Vices he proved such a just and prudent King that our Historians of elder and later ages give these large Encomiums of his Justice Prudence Piety Vertues and poli●ique Government wor●hy perpetual memory and immitation So excellent was he in Iustice So sharp was he in correction of Vices as well in his Magistrates Officers and other Subjects that never before his days was less felony by Robbers nor less extortion or Bribery by false Officers such as were wicked he kept under them that were Rebels he repulsed the godly he maintain●d and the just and modest he loved the learned and vi●tuous he encouraged He would suffer no man of wh●t de●ree or quali●y soever he were to elude or violate his Laws without condigne punishment In his time there was neither any private Pilferer nor publ●ke Theef but he that in stealing other mens Goods would venture and suffer as he was sure the loss of his own Goods and Life He was no respecter of persons in ●udgement but judged every man according to the quantity of his Offence and quality of his person He united all the Nations under him which were divers by the Covenan● and Obli●●tion of one Law Governing them all with such Iustice Equity Integrity and Peace that he w●s stile● Rex 〈◊〉 Edgarus Pacificus t●e p●aceable King Edgar In his days not ●orments not Gibbe●s not Ex●le not banishment were so much feared as the offending of so good and gracious a King He built and endowed no lesse than 48 Monasteries and restored many more endowing them with large possessions privileges out of Piety and Devotion ●s these times reputed it was a great honourer lover promoter of the vertuous and learned Clergy and suppressor of the vicious and scandalous There was scarce one year throughout all his reign wherein he did not some great and memorable necessary thing for the good of his Country and people the honour of God and advancement of Religion All which made him so honoured and beloved by his Subjects at home so far d●eaded by his Enemies abroad that Nullas Domesticorum insidias nullum exterminium alienorum sensit He never felt any homebred treachery or forein invasion but reigned peaceably all his days● without war or bloodshed which none of his Predecessors ever did He was so far from tollerating any violence or rapine in men towards each other that he commanded all the Wolves and ravenous Beasts greedy of blood to be destroyed throughout his Dominions And such an Enemy was he to Drunkenness the Mother of Vices Murders Quarrels Thefts wherewith the Danes had much infected the English that to prevent and redress it he caused Pins to be set in every Cup prohibiting by severe Laws and Penalties that none should force others to drink nor yet d●ink below ●hose Pins in that moderate proportion which he prescribed them Among other his Politick deeds for the peace and safeguard of his Realm against pillaging Pirates and Forein Invaders he had always in readiness 3600 as most or 4800 strong ships of War as others record to secure the Seas in the Summer season which he divided into three Squadrons or Fleets whereof he placed 1200 in the East Seas to guard them 1200 in the South Seas 1200 in the West Seas and 1200 in the North Seas as some write to prevent Piracies and repulse the invasion of Forein Enemies These Ships immediatly after Easter met together every year at their several places of Rendezvous wherewith the King sailed round about the Island and Sea-coasts with a great force to the terror of Foreiners and exercising of his own subjects sayling with the Eastern Navy to the Western parts of the Iland and then sending them back with the Western Fleet to t●e Northern Coasts and then sayling with the Northern Fleet to the South pius scilicet explorator ne quid Piratae turbarent After his return from the Sea in the Winter and Spring he used to ride in Progress

since his reign yet that neither did nor could make him a King by conquest only no more than these other Princes seeing the end of this warr was not against the whole English Nation the greatest part whereof secretly abbetted his interest but only against the unjust Usurper and Intruder King Harold and his adher●nts not to create a Title to the Realm by his and their Conquest but to remove a U●surper who invaded it without and against all right and to gain the actual possession thereof by arms● from which he was unjustly withheld by force against those pretended lawfull Titles which he made So that he got not the Right Title but only the actual possession of the Crown by his Sword not as a universal Conqueror of the Realm without right or Title but as if he had been immediate heir and lawfull Successour to the Confessor who designed him to succeed him For ●uller confirmation whereof I shall here subjoin these ensuing proofs 1. King William himself at his very Coronation in London as Mr Cambden informs us said That the kingdom was by Gods providence appointed and by vertue of a gift from his Lord and Cosen King Edward the glorious granted unto him and that this most bounteous King Edward had by adoption ordained him his h●ir in the kingdom of England 2ly In his Charter to the Church of Westminst●r he resolves as much in direct terms where he recites In ore gladii Regnum adeptus sum Anglorum devict● Haroldo rege Cum suis complicibus qui mihi Regnum cum providentia Dei destinatum b●neficio concessionis Domini Cognati mei gloriosi Edwardi CONCESSUM conati sunt auferre c. So that his Title was from Edward though his possession by the sword 3ly In the very Title of his Laws published in the 4th year of his reign which he was so far from altering that he both by Oath and Act of Parliament ratified confirmed all the Laws and Customs of the Realm used in the Confessors time and before presented by a Grand Enquest unto him out of every County of England upon Oath without any alteration praevarication or diminution he stiles himself or is stiled by the Collector of these Laws HEIR AND COSEN TO Edward the Confessor even in the ancient Manuscript which Sir Henry Spelman hath published Incipiunt Leges S. Edwardi Regis quas in Anglia tenuit quas WILLIELMUS HAERES cognatus suus POSTEA CONFIRMAVIT To which I shall likewise subjoyn the words of the Charter of his Sonn King Henry the 1. Anno 1108. translating the Abbey of Ely into a Bishoprick wherein he gives his Father William the self-same Title Ego Henricus providente divina clementia Rex Anglorum Normannorum Dux Willielmi magni Regis filius ● QUI EDWARDO REGI HAEREDITARIO JURE SUCCESCIT I● REGNUM renouncing all Title by conquest and claiming only as Heir to King Edward by Hereditary right 4ly Earl William himself in none of his Charters Writs Speeches Writings ever stiled himself a Conquerour of England nor laid claim to the Crown and Realm of England by Conquest after his inauguration which Title of Conqueror was afterwards out of the flattery or ignorance of the times given unto him by others Therefore the words which the History of St. Stephens in Caen in Normandy reports he used at his last breath The Regal Diadem which none of my Predecessors ever wore I got and gained by the Grace of God only I ordain no man heir of the Kingdom of England which all our Historians unanimously contradict affirming that he ordained VVilliam Rufus his second son particularly to succeed him in it at his death upon which Title only he enjoyed it but I commend the same to the eternal Creator whose I am in whose hands are all things For I became not possessor of so great honour by any hereditary right but by an humble conflict and with much effusion of blood I took it from the perjured King Harold and after I had either slain or put to flight his favourits and Servants I subdued the kingdom to my self must either be reputed false and fabulous as most esteem them or else have this construction that he gained the actuall possession of it against Harold and his adherents only by the Sword and that he had not an hereditary right thereto as next heir by descent to the Crown but only by ado●tion from and as heir by donation to King Edward as next of kin by the Mothers side which he made his only Title 5ly Those antient English Historians who first gave him the name of Conquerour did it not in a strict proper sence as if he were a meer universal Conquerour of the Nation disposing of all mens Estates persons and the Laws of the Realm at his pleasure for that he never did but only as one who gained the actual possession thereof from a perjured Usurper and his forces by strength of arms conquering them by open battel in the field but still claiming it by gift con●ract and designation from King Edward as his Kinsman as an heir who forcibly outs a dis●eisor and intruder comes in by Ti●le and Inheritance only though he gains the possession by force This is evident by the forecited words of Mathew Paris and this passage of Henry de Knyghton not extant in Hygden out of whom he seems to transcribe it Et sic quia Normannus Iure haereditatis tenuit Normanniae Ducatum ideo Dux Regnum vero Angliae mero Conquestu● in respect of actual possession et clameo subscripto in respect of Title by claim by gift from King Edward Ideo Rex which claim and Title being backed by the unanimous election of the Prelates Clergy Nobility● People and right heir to the Crown himself who all submitted and sware homage fealty and allegiance to him as their lawfull King● infallibly demonstrate him to be no Conquerour in respect of Title in a strict legal military sense even in the judgement of those antient and modern Historians who give him that Title but only in regard of Harold and his party and the actual possession which he got by conquest And in this sense alone is that Distick in the Chronicle of Bromton to be understood Dux Normannorum Willielmus vi validorum Rex est Anglorum Bello Conquestor eorum 6ly Our Great Antiquary Richard Vestegan in his Restitutions of d●cayed A●tiquities learned Mr. Iohn Selden in his Review of the Hist. of Tithes p. 482 483. Sir Iohn Hayward in the li●e of King VVilli●m the first Mr. Nathaniel Bacon in his first part of his Historical Discours● of the uniformity of the Governme●t of England chap. 44 45 46 55 56. to omit others most fully prove and assert That the entry of William the first into the royal Government of England neither was nor properly could be by Conquest but by Title and by the free

name of God That no Kings nor Bishops nor Princes neque ullius Tyrannicae potestatis Homines should diminish the honour of the Metropolitical See or presume to divide it in any particle whatsoever under pain of an Anathema Maranatha which Decree the Archbishop with 12 other Bishops subscribed and ratified with the sign of the Cross as they formerly did in the Council of Bechanceld An. 798. And in this Council divers controversies concerning the Lands Limits and Iurisdictions of other Bishops Bishopricks were likewise decided and setled as you may therein read at large Eadburga Daughter to King Offa married Brithrie King of the West-Saxons proud of her parentage and ma●ch she grew so ambitious ●●sole●t and Tyrannical that she becam● od●ous not only to all the Prelates Nobles and Courtiers but to the people l●kewise For being incited with malice and tyranny she usually accused and execrated to the King all the Nobles of the Realm Ordinaries Bishops and Religious persons and so overcame him by her flatteries that those whom she began to accuse aut vit● aut Regno privaret she would either deprive of Life or banish them the Realm and if she ●ould not obtain this from the King against them she accustomed to destroy them priv●ly wit● poison At last An. 802. She preparing poi●on to destroy a rich and noble Favourite of the Kings whom he extraordinarily lov'd so as she could not banish or destroy him by her false accusatio●s the King casually drinking of ●he Poison contrary to her intention as well as his Favourite they were both therewith suddenly poisoned and d●stroyed Wherewith this wicked woman being tetrified sled with all her invaluable Treasures b●yond the Seas to Charles the Great who for her Lasciviousness in making choice of his Son for her Husband before himself though much inamoured with her transcendent beauty thrust her into a Monastery where soon after she abusing her body by uncleaness in lying with a lewd man was expelled thence forced to beg her bread and ended her days in extreme misery A just judgement of God both upon a Tyrannical Queen and unrighteous King seduced to banish and condemn his Nobles and Subjects unjustly by her solicitations For this her most hainous crime the West-Saxons ordained a Law to the Grand prejudice o● all thei● succeeding Queens That none of them should have ei●●●r Title Majesty or place of Royalty or Queen No● 〈◊〉 West-Saxones Reginam vel juxta Regem 〈◊〉 ●●ginae appellatione insigniri patiuntur 〈…〉 Eadburg●e quae virum s●um Brithicum v●neno perdidit juxta Regem ●edens omnes Regni Nobiles accusare solebat quos accusare non po●uit potu eos venenifero necare consue●it Itaque pro Reginae maleficio omnes conjuraverunt quod nunquam se regnare permitterent qui in praedictis culpabilis inveniretur as William o● Malm●sbury Asserius Menevensis Matthew Westminster Florentius Wigorniensis and others out of them rel●te There was a Parliamentary Synod or Council held at Celiohi●h in the year 816. at which not only Wulfred Archbishop of Canterbury with all his Suffragan Bishops but likewise Kenulf king of Mercians with his Princes Dukes and Nobles and sundry Abbots Pri●sts Deacons and other sacred Orders were present wherein they enacted 11 Constitutions the 6th whereof was this in substance That the Iudgements and Decrees of Bishops made in Synods should not be infringed but remain firm and irrefragable being ratified with the sign of the holy Cross by the Kings and Nobles Subscriptions unless perchance the King or Princes deemed the subscriptions of their Antecessors of no force and feared not to re●●rm or cease from this error which shall rest and bring a Curse on them and their heirs The 7th That no Bishops Abbots or Abbesses shall alienate or part with the Lands writings and evidences of their Churches and Monasteries w●i●h they are intrusted to keep nisi rationabilis causa poposcit adjuvari contra invasionem famis Depraedationem Exercitus ad Libertatem obtinendam which causes they reputed reasonable In ●he year of our Lord 822. there was a Parliamentary Council assembled at Clovesho wherein Beornulph King of Mercians sate President at which Wu●fred Archbishop of Canterbury with the rest of the Bishops Abbots omniumque dignitatum Optimatibus Ecclesiasticarum scilicet saecularium personarum were present debating things both coneerning the benefit and regulation of the Church and defence and safety of the Realm the proper subjects of our present English Parliaments a● these words import Utilitatem necessitatem Ecclesiarum Monasterialisque vitae Regulam et observantiam stabilitatem quoque Regni pertractante● In this Parliamentary Council the Proceedings in 3 precedent Councils touching the Complain●s of the Archbishops of Canterbury of the Injuries done unto them in taking away the Lands of the Church by their Kings and Officers with the proceedings thereupon are at large recited which I shall here transcribe because generally unknown to most and best di●covering the proceedings of our antient Parliamentary Councils in Cases of this nature of any Council I have met with in that Age and those which next proceeded or succeeded it All the said persons in the said Council sitting down quietly together it was inquired by them quomodo quis cum Iustitia sit tractatus seu quis injustè sit spoliatus In what manner any one had been handled with justice or if any one had been unjustly spoiled Whereupon amids other things there acted and spoken it was shewed That Archbishop Wulfred by the mis-information and enmity and violence and avarice of king Kenulph had suffered many injuries and was most unjustly deprived of his just dominations as well by those things which were done unto him amongst us here in England as by those things which were brought against him to the See Apo●tolick by the procurement of the foresaid King Kenulph by which accusations and discords not only the fore-named Archbishop but also the whole English Nation for almost six years space was deprived of its primordial authority and of the Ministry of sacred Baptism Above all these things the said king Kenulph at a certain time with his Council coming to the City of London appointed a day with great indignation wherein the Archbishop should come unto him whither when he came the King commanded ●hat relinquishing all his goods h● should speedily depart out of England without hopes of returning any more neither by the command of our Lord the Pope neither by the i●treaties of the Emperour nor of any other person unless he would consent to his will in demising to him a farm of 300 Hides of Land called Leogene●ham and moreover would give to the said King one hundred and ●we●ty pounds in money This reconciliation the said Wul●red refusing long contradicted and when the ●ri●nds of the man of God and Nobles of the King who loved him very much perceived the rapacity and

corroboratae consec●a●ae sunt prae caeteris regni legibus Leges Regis Edwardi quae quidem prius inventae constitutae ●uerunt tempore Regis Edgari avi sui Veruntatem post mortem ipsius Regis Edgari usque ad Coronationem S. Regis Edw. quod continet annos 67 predictae leges sopitae sunt et penitus praetermissae Sed postquam Rex Edwardus in regno fuit sublimatus Consilio Baronum Angliae Legem 67 annis ●opitain excitavit excitatam reparavit reparatam decoravit decoratam confirmavit confirmata vocata est Lex sancti Regis Edwardi non quod prius ipse invenisset eam sed cum praetermissa fuisset oblivioni penitus dedita ● morte avi sui Regis Edgari qui prius inventor ejus fuisse dicitur usque ad sua tempora videlicet 67 annis The Chronicle of Bromton col 956 957. gives us this large account of these and our other ancient Laws This holy King Edward the Confessor Leges communes Anglorum genti tempore suo ordinavit ordained common Laws in his time for the English Nation because the Laws promulged in former times were over-partial For Dunwallo Molmucius first of all set forth Laws in Britain whose Laws were called Molmucine sufficiently famous until the times of King Edward amongst which he ordained That the Cities and Temples of the Gods and the ways leading to them and the Ploughs of Husbandmen should enjoy the privilege of Sanctuary After which Marcia Queen of the Britons Wife of Guithelin from whom the Provinces of the Mercians is thought to be denonated publish●d a 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 Chesshire Staffordshire Warwickshire and Oxfordshire After these there was supe●added a Law written in the Saxon or English tongue by Ina King of West-Saxons to which Alfred King of the West-Saxons afterwar●s superadded the Law which was stiled West-Saxenelega that is the Law of the West-Saxons By which Law in antient times the 9 Southern Counties divided by the River of Thames from the rest of England were judged namely Kent Sussex Surrey Berkeshire Wiltshire Southampton Somersetshire Dorset and Devonshire At length the Danes dominering in the Land a third Law sprang up which was called Danelega that is the Law of the Danes by which Law heretofore the 15 Eastern and Northern Counties were judged to wit Middlesex Suthfolk Northfolk Herthfordshire Cambridgeshire Huntingdonshire Lincolnshire Nott●nghamshire Derbyshire Northamptonshire Leicestershire Buckinghamshire Beddefordshire and Yorkshire which County of York heretofore contained all Northumberland from the water of Humber to the River of Twede which is the beginning of Scotland and is now divided into six Shires Now out of the foresaid three Laws Merchenelega West-Saxenelega and Danelega this King Edward set forth one common Law which even to this day is called the Law of Edward The like is recorded by Hygden in his Polychronicon l. 1. c. 50. Mr. Iohn Fox in his Acts and Monuments vol. 1. p. 213 214. Samuel Daniel his Collection of the History of England p. 22. Iohn Speed his History of Great Britain p. 410. Fabian H●linshed Caxton Grafton and others almost in the self-same words These Laws are no where extant in any Manuscripts or printed Authors as they were originally compiled and digested into one body by him and his Barons but as they were presented upon Oath to and confirmed by King William the Conqueror in the 4th year of his reign of which Ingulphus Abbot of Croyland in the close of his History to which they are annexed in some Manuscripts gives us this account flourishing in that age Attuli eadem vice mecum de London●is in meum Monasterium Leges aequissimi Regis Edwardi quas Dominus meus inclytus Rex Willielmus autenticas esse et perpetuas per totum Regnum Angliae inviolabiliter tenendas sub paenis gravissimis proclamarat et suis Insticiariis commendarat eodem idiomate quo editae runt ne per ignorantiam contingat nos vel nostros aliquando in nostrum grave periculum contraire offendere ausu temerario regiam majestatem ne in ejus censuras rigidissimas improvidum pedem ferre contentas saepius in eisdem hoc modo These Laws are partly Ecclesiastical partly Civil recorded by Roger de Hoveden Annalium pars posterior p. 611. to 631 by Mr. Lambard in his Archaion Henry de Knyghton de Eventibus Angliae l. 2. c. 4. Spelmanni Concili p. 613. Mr. Iohn Selden ad Eadm●rum Notae Spicelegium p. 172. to 195 Mr. Iohn Fox his Acts and Monuments vol. 1. p. 214. wherein those who please may peruse them ●n these Laws it is observable 1. That all capital corporal pecuniary punishments fines for criminal offences and all reliefs services and duties to the King are reduced to a certainty not lef● arbitrary to the King his Iustices or other Officers for the Subjects greater liberty ease and security 2. That they protect preserve the Possessions Privileges Persons of the Church and Clergy from all Invasion injury violence disturbance and specially enact That not only all Clerks and Clergy men but all other persons shall enjoy the peace of God and the Church free from all assaults arrests and other disturbances whatsoever both on Lords-days Solemn Festivals and other times of publike Church meetings eundo subsistendo redeundo both in going to continuing at and returning from the Church and publike duties of Gods worship or to Synods and Chapters to which they are either summoned or where they have any business requiring their personal presence wherewith the Statute of 8 H. 6. c. 1. concurs as to the later clause Therefore all Quakers Anabaptists and others who disturb affront and revile assault or abuse our Ministers or their people as many now doe in going to or returning from the Church or whiles they continue in it as well before or after as during Divine Service Sermons or Sacraments there administred may and ought by the Common Law of England confirmed both by Confessor and Conquerour in their Parliamentary Councils to be duly punished as Breakers of the Peace by all our Kings Justices and Ministers of publike Iustice being ratified by Magna Charta c. 1. and the Coronation Oaths of all our Kings which all our Judges and Justices are bound to observe To keep to God and holy Church to the Clergy and to the People Peace and Concord entirely according to their power especially during the publike worship of God in the Church and in going to tarrying at and returning from the duties which they owe unto him both as his Creatures and Servants And to grant keep and confirm the Laws Customs

and 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 Bromtom 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 in 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 slain 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 fo●sak● 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 presti●erunt 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 Dic●to 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 ho● praelio testantur adhuc Franci qui interfuerunt quoniam licet varius casus hinc 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 dominum esse volentem iniquitatem Which Abbot Ailred thus seconds Gulielmus Dei judicio to which Harold appealed ipsum Haroldum Regno simul 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 R●gis necem ab eis injuste perpetratus With whom Mr. Iohn 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 subversionem sanguinis redundantis effusionem cometa ingens sanguinea atque crinita in exordio ill●us anni apparens minace fulgore prae●ignavit unde quidam Anno millesimo sexageno quoque seno Anglorum metae flammas sensere Comet● Quod Regni mutationem magnam populi Stragem multam terr●e miseriam portendit Ut enim Philosophi dicunt quo dirigit crinem illi● diriget et discrimen as Abbot Ingulphus Mat. Westminster Matthew Paris Huntindon Hoveden Wigornienfis Simeon Dunelmensis Hygden Knyghton and others observe In this Battel Duke William had three Horses slain under him and often acknowledged that Gods divine hand did more protect him than mans seeing his Enemy amidst so many showers of darts and arrows which they shot against him could not draw so much as one drop of hi● bloud though they frequently hit him with them Morcar and Edwin Earls of Yorkeshire and Cheshire Harolds Brother-in-laws withdrawing themselves and their forces from their battel either for want of room to fight as was pretended or rather for former discontents retreated to London where consulting with Alfred Archbishop of York and other Peers and with the Citizens and Mariners of London they all resolved to crown and set up Edgar Atheling the true heir for their King promising to march under him with all their forces against Duke William and to try another field for which end they posted abroad Messengers to levy new forces and raise up the hearts of the dejected English from a despairing fear But before Edgars Coronation whiles many were preparing themselves for a new battel Morcar and Edwyn whom this fearful estate of their native Conntry would not disswade or restrain from disloyalty and ambition to gain the Crown to themselves as some record secretly hindered that noble and prudent design by withdrawing themselves from Edgar and marched home with all their forces and their Sister Algitha or Agatha Harolds wife into Northumberland conjecturing out of their simplicity that Duke William would never come so farr Upon their departure though the rest of the Nobles would still have elected and crowned Edgar King if the Bishops would have assented thereunto yet the Prelates struck with the fear of the Popes thunderbolt from abroad