last invading Northumberland and joyning with the Danes against his own brother King Harold was there slain by him in battel with all his forces His daughter Queen Egitha besides her forementioned repudiation by King Edward and the imprisonment and disgraces put upon her by him for her Fathers sake was never carnally known by him as his wife out of a detestation to her Father Godwin because he would not ingender heirs to succeed him in the royal Throne out of the Race and séed of such a Traytor as many Historians assert â—ven so let all other such like perfidious Traytors their Posterities perish who imitate him and them in their Treasons Perjuries Rebellions and will not be warned nor reclaimed by his or their sad examples The same year Earl Godwin thus perished Rheese brother of Griffin King of Southwales was slain by King Edwards command and his head brought to Glocester to the King on the Vigil of Epiphany for his manifold Treasons rebellions and frequent depredations upon his English Subjects King Edward Anno 1054. commanded Sywarâ— the valiant Duke of Northumberland to invade Scotland with an Army of horse and a strong Navy to remove Mackbeoth K. of Scots to whom he had formerly given the Realm of Scotland to hold it of him and make Malcolm the King of Cumberlands Son King in his place Who thereupon entring Scotland with a puissant Army fought a set battle with Mackbeoth slew many thousands of the Scots and all the Normans who went to him out of England chased him out of Scotland then totally wasted and subdued by Syward and deprived him both of his Life and Realm Which being effected King Edward gave the Realm of Scotland to Malcolm to be held from and under himself Not long after Duke Syward being likely to die of a flux when he saw death approaching said What a shame is it that I who could not die in so many battels and warrs should be reserved to die with disgrace like a Cow Wherefore put upon me my impenetrable coat of male gird me with my sword set my helmet upon my head put my buckhandler in my left hand and my gilt battel-ax in my right hand that being the strongest of all Souldiers I may die like a Souldier Whereupon being thus armed as he commanded he said Thus it becomes a Souldier to die and not lying down in his bed like an Ox and so he most honourably gave up the Ghost But because Waltâ—of his Son was then but an inâ—ant his Earldom was given by the King to Toâ—ti son of Earl Godwin â— whose Earldom after Godwins sudden death was bestowed on Harold and Harolds Earldom given to Algarus Earl of Chester Earldoms in that age being only for life not hereditary In the year 1055. King Edward Habito Londoniae Concilio holding a Parliamentary Councill at London banished Algarus Son of Earl Leofric quia de Proditione Regis in Concilio convictus fuerat because he had been convicted in the Council of Treason against the King as Henry Huntindon Bromtons Chronicle and Hygden record Yet Florentius Wigorniensis Simeon Dunelmensis Hoveden Henry de Knyghton and others write He was banished sine culpa without any crime Whereupon passing over into Ireland he soon after repaired with 18. piratical Ships to Griffin King of Wales requesting him to give him aid against King Edward Who thereupon forthwith assembling a very great Army out of all his Realm commanded Algarus to meet him and his Army with all his forces at a certain place where uniting their forces together they entred into Herefordshire to spoil and depopulate it Against whom timorous Earl Ralph King Edwardâ— Sisters Son raising an Army and meeting them two miles from the City of Hereford commanded the English to fight on horseback contrary to their custom But when they were about to joyn battel the Earl with his French and Normans fled away first of all which the English perceiving followed their Captain in flying whom the Enemies pursuing slew four or five hundred of them and wounded many more and having gained the Victory took the City of Herford slew some of the Citizens carried away many of them captives annd having burnt and pillaged the City returned enriched with great booties The King being infoâ—med of it commanded an Army to be presently assembled out of all England which meeting together at Glousester he made valiant Earl Harold their General who devoutly obeying his commands diligently pursued Griffin and Algarus and boldly entring into the coasts of Wales encamped at Straddle But they knowing him to be a valiant man not daring to fight with him fled into South-wales Upon which Harold leaving the greatest part of his Army there commanded them manfully to resist the Enemies if there were cause and returning with the rest of the multitude to Herâ—ford he enviroâ—ed it with a broad and deep trench and fortified it with gates and barrs At last Messengers passing between them and Harold they made a firm Peace betweeâ— them Whereupon Earl Algarus his Navy returning to Chester there exacted the wages he had promised them but he repairing to the King received his Earldom from him again This same year Herman Bishop of Salisbury requested of the King and almost obtained leave to remove his See from Ramesberg to the Monastery of Malmsbury sed Rege juxta Consilium Procerum id nolente he thereupon resigned his Bishoprick went beyond the Seâ—s and took upon him the habit of a Monk but repenting of his rashness he returned into England three years after and held the Bishopricks of Salisbury and Sherborne united together till the 9th year of King William the Conqueror In the year 1057. Prince Edward son of Edmond Ironside came out of Hungary where he had long lived an Exile into England being sent for thence by his Unkle King Edward who had decreed to make him heir to the Crown after himself but he died at London soon after his return leaving onely Edgar Athelin his son very young and two daughters Margaret and Christiana under the Kings custody and tuition This same year Earl Leofric at the request of his devout Noble Countess Godina freed the City of Coventry from a most grievous dishonest servitude and heavy Tribute wherewith he had formerly oppressed the Citizens being very much offended with them which though frequently importuned by her he would remit upon no other condition but this That his Lady Godina should ride naked through the street of the City from the one end of the market to the other when the people were there assembled Which she to obtain their Liberties from this Servitude and Tribute performed covering her self so with her long fair hair that she was seen and discerned by no body Whereâ—pon the Earl her husband by his Charter exempted the Citizens of Coventry for ever from many payments which he formerly imposed and exacted from them the wisdom of which
to wit the Monasterie called West-Burgh the Lands whereof with the Books the Bishop then had as Aethelfrick had before commanded that they should be restored to the Church of Worcester This Bishop with 50 Mass Priests and 160 other Priests Deacons Monks and Abbots whose names are recorded in the Manuscript swore that this Land and Monastery were impropriated to his possession and Church which Oath with all these fellow swearers he was ordered to take at Westminster and did it accordingly after 30 nights respite Whereupon It was ordained and decreed by the Archbishop all the Council consenting with him that the Bishop should enjoy the Monastery Lands and Books to him and his Church and so that sute was ended and this Decree pronounced thereupon Qua propter si quis hunc agrum ab illâ Ecclesiâ in Ceastre nititur evellere contra Decreta sanctorum Canonum sciat se facere quia sancti Canones decernunt Quicquâ—â— Sancta Synodus universalis cum Catholico Archiepiscopo suo adjudicaverit nullo modo fractum vel irritum esse faciendum Haec auâ—em gesta sunt Hi sunt Testes Confirmatores hujus rei quorum nomina hic infrâ— notantur â— die tertio Calend Novembrium Ego Beornulf Rex Merciorum hanc chartulam Synodalis decreti signo sanctae Christi Crucis confirmavi Then follows the Archbishops Subscription and confirmation in like words with the subscriptions of sundry Bishops Abbots Dâ—kes and Nobles being 32 in number all ratifying this Dâ—cree An. 833. Egbert King of West-Saxons Athelwulfe his Son Witlasius king of Mercians both the Archbishops Abbots cum Proceribus majoribus totius Angliae with the greatest Nobles of all England were all assembled together at London in a National Parliamentary Council pro consilio câ—piendo contra Danicos Pirâ—tas Littora Angliae assidne infestantes to take Counsel what to do against the Danish Pirates dayly infesting the Sea-Coasts of England In this Council the Charter of Witlasius king of Mercians to the Abbey of Croyland where he was hid and secured from his enemies was made and ratified wherein he granted them many rich giâ—ts of Plate Gold Silver Land and the Privilege of a Sanctuary for all offenders flying to it for shelter which grant could not be valid without a Parliamentary confirmation for he being elected Kiâ—g omnium consensu after the slaughters of Bernulf and Ludican two invading Tyrants cut off in a short time qui contra faâ— purpuram induerent regno vehementet oppresso totam militiam ejus quae quondam plurima extiterat victoriosissima sua imprudentia perdiderant as Ingulphus writes was enforced to hold his kingdom from Egbert king of West-Saxons under a Tribute And thereupon conferring divers Lands by his Charter to this Abbey for ever to be held of him his heirs and Successors Kings of Mercia in perpetual and pure Frankalmoigne quietae solutae ab omnibus oneribus secularibus exactionibus vectigalibus universis quocunque nomine censeantur That his grant might be sound and valid he was necessitated to have it conâ—irmed in â—â—is Parliamentary Council by the consent of King Egbert and his Son and of all the Bishops Abbotsâ— et Proceribus Majoribus Angliae and the greater Nobles of England theâ—e present most of them subscribing and ratifying this Charter with the sign of the Cross and their names About the year of Grace 838. there was a Parliamentary Councâ—â— held at Kingston in which Egbert king of the West-Saâ—ons and his Son Aethelwulfe Ceolnoth Archbishop of Canterbury with the rest of the Bishops and Nobles of England were present Amongst many things there acted and spoken Archbishop Ceolnoth shâ—wed before the whole Council That the foresaid Kings Egbert and Aeâ—helwulfe had given to Christchurch the Mannor called Malinges in Suâ—â—ex free from all secular service and Regal Tributes excepting only these three Expediâ—ion building of Bridge and Castle which foresaid Mannor and Lands King Baldred gâ—ve to Christchurch Sed quia ille Rex cunctis Principibus non placuit noluerunt donum ejus permanere ratum But because this King pleased not all his Nobles they would not that this his gift should continue firm To which Sir Henry Spelman adds this Marginal Note Rex non potuit distrahere patrimonium Regni sine assensu Procerum Wherefore the foresaid Kings in this Parliamentary Council with â—heir Nobles assent at the request of the said Archbishop regranted and confirmed it to Christchurch with this Anathema annexed against the infringers of this grant If any shall presume to violate it on the behalf of God and of us Kings Bishops Abbots and all Christians let him be separated from God and let his portion be with the Devil and his Angols Polydor Virgil records that King Athelwulfe in the year 847. going in pilgrimage to Rome repaired the English School there lately burned down and in imitation of King Ina made that part of his Kingdom which Egbert his Father had added Tributary towards it Legeque sancivit and enacted by a Law made in a Parliamentary Council that those who received 30 pence rent every year out of their possessions or had more houses should pay for those houses they inhabited every of them a pennâ— a peece to the Popâ— for the maintenance of this School at the Feast of Peter and Paul or at least of St. Peters bonds which Law some writes he though falsely ascribr to his Son Alfred which act others refer to the years 855 or 857 and that more truly Abbot Ingulphus in his Hist. of the Abby of Croyland records that Bertulf usurping the Crown by the treacherous murder of his Cosen St. Westan tantâ ferebatur ad regnandum ambitione passing by the Abbey of â—royland most wickedly and violently took away all the Iewels Plate and ornaments of the Church which his Bâ—other Withlasius and other Kings had given to it together with all â—he mony he could find in the Monastery and hiring Souldiers therewith against the Danes then wasting the Country about London he was vanquished and put to flight by the Pagans Whereupon this King soon after holding a great Council at Benningdon An. 850. with the Prelates and Nobles of his whole Realm of Mercia there assembled about the Danes invasions how to raiâ—e forces and monies to resist them as is most probable by our Historians Abbot Siward and the Monks of Croyland therein complained before them all by Askillus their fellow Monk of certain injuries malitiously doâ—e unto them by their Adversaries who lying in waâ—t in the uttermost banks of their Rivers did seise upon their servants being such as fled thither for Sanctuary in case at any time they went out of their precincts never so little way either to fish or bring back their stragling Sheep Oxen or other Cattle as infringers of their Sanctuary and subjected them to the publick Laws to their condâ—mnation and destruction to
first That the Parliamentary Council wherein this Charter was made and ratified by common consent and this exemption and tenth granted was principally called to resist the invading plundering Danes 2ly That this King and Council in those times of Invasion and necessiâ—y were so far from taking away the Lands and Tithes of the Church for defence of the Realm or from imposing new unnâ—ual Taxes and Contributions on the Clergy for that end that they granted them more Lands and Tithes than formerly and exempted them from all former ordinary Taxes and Contributions that they might more cheerfully and frequently pour â—orâ—h prayers to God for them as the best means of defence and security against these forein invading enemies Mr. Selden recites another Charter of this King of the same year different from it in month and place out of the Chartularies of Abbington Abbey to the same effect made by Parliamentary consent of that time per consilium saâ—ubre cum Episcopis Comiâ—ibus ac cunctâ—s Optimatibus meis which Charâ—er is sâ—bscribed by this King and his two Sons with some Bishops and Abbots ratified with their signs of the Cross and this annexed curse Si quis verò minuere velmutare nostram donationem praesumpserit noscat se ante tribunal Christi redditurum rationem nisi prius satisfactione emendaverit usual in such Charters Afâ—er which this King going to Rome carried Alfred his youngest Son thither with him whom he most loved to be educated by Pope Leo where continuing a year he caused him to be crowned King by the Pope and returning into his Country married Iudith the King of France his Daughter bringing Alfred and her with him into England In the Kings absence in forein parts Alstan Bishop of Sherburne Eandulfe Earl of Somerset and certain other Nobles making a Conspiracie with Ethelbald the Kings eldest Son concluded he should never be received into the Kingdom upon his return from Rome for two Causes One for that he had caused his youngest son Alfred to be crowned King at Rome excluding thereby as it were his eldest Son and others from the Right of the Kingdom Another for that contemning all the wâ—men of England he had married thâ— Daâ—ghâ—er of the Kiâ—g of Fraâ—ceâ— an alien et contra morem et Statuta Regum West-Saxonum and against the use and Statuâ—es of the Kings of the West-Saxons called Juâ—ith the King of France his Daughter wâ—om he lately espâ—used Queen and caused her to sit by his side at the Table as he â—easted For the West-Saxons permitâ—ed not the Kings Wife to sit by the King at the Table nor yet â—o be calâ—ed Queen but the Kings Wife Which Infamy arose 〈◊〉 Eadburga Daughter of King Oâ—fa Queen of the sâ—me Natâ—on who destroyed her Husband King Brithrâ—â—ic with poison and sitting by the King was wont to accuse all â—he Nobles of the Realm to him who thereupon depâ—ived them of lâ—fe or banished them the Realmâ— whom she câ—uld not accusâ— she used to kill wâ—th poison Thereforeâ— for this mis-doing of the Qâ—â—en they all conjured and swore that they would never permit a King to reign over them who should be guilty in the premises Wâ—eâ—eupon King Aethelulfe returning peaceably from Rome his Son Aethelbald with his Complices attempted to bring their conceived wickedness to effect in excluding him from his own Realm and Crown But Almighty God would not permit it for lest peradventure a more than civil war should arise betwâ—â—n the Father and tâ—e Son the Conspiracie of all the Bishops and Nobles ceased though the King Clemency who divided the Kingdom of the West-Saxons formerly undivided with his Son so that the East paâ—t of the Realm should go to his Son Ethelbald and the West-part remain to the Father And when tota Regni Nobiliras all the Nobility of the Realm and the whole Naâ—ion of the West-Saxons would havâ— fought for the King thrust his Son Ethelbald from the right of the Kingdom and 〈◊〉 him and his Complices out of the Realm qui tantum facinus perpeâ—rare ausi sunt Regem à regno â—ropâ—io reâ—ellerent which Wigorniensis Anno 855. â—â—leâ— Facinus et inauditum omnibus saeculis ante infortunium if the Father would have permitted them to do it He out of the nobleness of his mind satisfiâ—d his Sons desire so that where the Father ought to have reigned by the just judgement of God there the obstinâ—te and wicked Son reigned The King Aethelulfe before the death of Egbert his father was ordained Bishop of Winchester but his Father dying he was made King by the Prelatesâ— Nobles and People much against his will cum non esset alius de Regio genere qui regnare debuisset because there was none other of the Royal Race who ought to reign Haeredibus aliis deficientibus poâ—â—modum necessitate compulsus gubernacula Regni in se suscepit as Bromton and others expresse it At his death Anno 857. he did by his will lest his Sons should fall out between themselves after his decease give the kingdom of Kent with Sussex and Essâ—x to Ethelbert his second son and left the kingdom of the West-Saxons to his eldest son Aethelbald then he devised certain sums of Money to his Daughter Kindred Nobles and a constant annuity for ever for meat dâ—ink and cloths to one poor man or pilgrim out of every 10 Hides of his Land 300 marks of mony to be sent yearly to Rome to be spent there in Oyl for Lamps Almes which sums I never find paid by his Successors as he prescribed by his Will and Charter too because not confirmed by his great Parliamentary Councils of Prelates and Nobles as his forcited Charter and Peter-pence likewise granted by him were upon this occasion as some record that he being in Rome and seeing there outlawed men doing penance in bonds of Iron purchased of the Pope thaâ— Englishmen after that time should never out of their Country do penance in Bonds About the year of our Lord 867. Osbrith King of Northumberland as Bromton records residing at York as he returned from hunting went into the house of one of his Nobles called Bruern Bocard to eat who was then gone to the Sea-coasts to defend it the Ports against Theeves and Pirates as he was accustomed His Lady being extraordinarily beautifull entertained him very honorably at dinner The K. enamored with her beauty after dinner taking her by the hand leads her into her Chamber saying he would speak with her in private and there violently ravished her against her will which done he presently returned to York but the Lady abode at her house weeping and lamenting the deeds of the King whereby she lost her former colour and beauty Her Husband returning and finding her in this sad condition inquired the cause thereof wherewiâ—h she fully acâ—uainting him he thereupon cheered her up with comfortable words saying that he would not love
tortured them to discover where their Treasures were broke up all the Tombs pillaged and burnt the Abby with all the Edifices thereof leaving it a meer ruinous heap then marching on laying all the Country waste before them with fire and Sword sparing neither person age nor sex they cast down burnt destroyed and levelled to the Ground the goodly Monasteries of Bradney Peterborough Huntingdon Ely with sundry others murthering as well all the Monks as Nuns therein which their merciless Swords after they had first polluted them To avoid whose barbarous rape Ebba Abbess of Coldingham and her Nuns by her example and perswasion cut off their upper Lips and Noses to deform themselves to their lascivious eyes which bloody Spectacle preserved their Chastity from their Lust but not their Monasterie or bodies from their Cruelty they burning them and their Nunnery to Ashes After which the same year Inguar and Hubba marched against St. Edmund who in the year 855. was chosen King of the East-Saxons Ab omnibus Regionis illius magnatibus et populis by all the Noblesâ— and People of that Realm being sprung from the antient Royal blood of the Saxons and compelled to take the Government on him much against his will being then but 13 years old and consecrated King by Bishop Humbert in the Royal Town called Bury The reason of their malice to this King as some of our Historians write was this that he was maliciously accused to have murthered their Father Lothbroc driven by a sudden storm in a small boat into England as he was hawking at Fowl by this Kings Faulkoner who having murthered himself out of meer malice was by judgement of the Knights and Lawyers banished the Realm and put alone into Lothbrocs Boat without Oâ—re or Sails for murthering him and so sent to Sea being driven in it into Denmark to excuse himself he maliciouslie accused the King of this Murther to these his Sons Who thereupon invaded England with an Army to revenge their Fathers death And the Reason why they at this time so extraordinarily prevailed aâ—d over-run the Land was the Civil Discords Wars and Emulations amongst the Saxon kings who either out of Malice or Ambition to advance their own Dominion or base unworthy fears would rather induce these common Enemies to over-run them than assist one another against them which William of Malmesburie thus expresseth Meminerit interea lector quod interim Reges Merciorum et Northanimbrorum captata occasione â—dventus Danorum quorum bellis Ethelredus iâ—sudabat a servitio West-Saxonum respirantes dominaâ—ionem suam penè asseruerant Ardebant ergo cunctae saevis popularibus provinciae unusquisque Regum inimicos magis in suis sedibus sustinere quam compatrioâ—is Laborantibus opem porrigere curabat Ita dum maluit vindicare quam praevenire injuriam socordiâ suâ exanguem reddiderunt Patriam Dani sine obstaculo succressere dum et provincialibus timor incresceret et proxima quaeq victoria per additamentum Captiâ—orum instrumentum sequentis fieret c. Northanimbri jamdudâ—m civilibus dissentionibus â—luctuantes adventante hoste correxerunt discordiam Itaque Osbirthum Regem quem expulerant in solium reformaâ—tes magnosque moliti paratus obviam procâ—dunt sed facilè pulsi infra Urbem Eboracum se includunt quâ mox à victoribus succensâ cum laxos crines effusior flamma produceret tota depascens maenia ipsi quoque conflagrati patriam ossibus texêre suis Mercii non semel obtriti obsidatu miserias suas levaverunt At vero Ethelredus multis laboribus infractus obiit Orientalium Anglorum pagi cum urbibus et vicis à praedonibus possessi Rex eorum sanctus Edmundus ab eisdem interemptust Anno Dominicae Incarnationis 870. 12 Calendas Decembris temporaneae mortis compendio regnum emit aeternum The manner of King Edmunds Martyrdom Historians thus relate An. 870. Hinguar King of the Danes invading King Edmunds Realm with a great Power sent a Messenger to King Edmund to demand the half of his Treasure and Wealth and that he should hold his Realm under him threatning otherwise to waste his Kingdom and extirpaâ—e him and his Pâ—ople Sed nimis fraudulentèr Hinguar thesauros exigebat qui Clementissimi Regis caput potius quam pecuntas sitiebat writes Matthew Westminster Where upon Bishop Humbeâ—t advising him to fly â—rom the Danes who approached with their forces towards him to save his life The King wisheâ— Would to God that I might preserve the lives of my Subjects for whom I desire to lay down my life for this is my chiâ—fest wish that I may not survive my faithfull Subjects and most dear friends which this Cruâ—l Pirate hath thâ—evishly slain neither will I stain my glory by slâ—ght who never yet sustained the reproaches of Waâ—re The Heavenly King also is my Witness that no fear of the Barbarians shall separate me from the Love of Christ whether living or dead Then turning to the Messenger of Hinguar he said Thou art worthy to suffer the punishment of death being wâ—t with the blood of my people But imitating the example of my Christ If it should so happen I am not afraid willingly to die for them Return therefore speedily to thy Master and carry my answers to him Although thou takest away my Treasures and riches whiâ—h the Divine Clemency hath given me by thy power yet thou shalt never subject me to thy infidelity for it is an honest thing to defend perpetual liberty together with purity of Religion for which also if there be need we think it not unprofitable to die Therfore as thy proud cruâ—lâ—y hath begun after the servants slaughter cut thou the Kings throatâ— because the King of Kings seeing these things will translate me into Heaven there to reign eternally The Messenger departing the King commanded his Souldiers to run to their Arms aâ—firmingâ— that it was a worthy thing to fight both for their Faith and Country leâ—t they shouâ—d prove deâ—erâ—ers of their Realm and betrayers of the people And being incouraged by Bishop Humbert his Nobles and fellow Souldiers he marched against the Enemy and near Thedford fought a bloody battel with the Danes from morning to night the place being all dyed red with the blood of the slain Aâ— which grievoâ—â—â—ight King Edmund was much grieved not only for the great slaughter of his own Soâ—ldiors â—ightâ—ing for their Country native liberty the faith of Iesus Christ so alreâ—dy â—rouned with Mâ—rtyrdome But likewise for the death of the Barbarous Infidels sent down to Hell in great numbers which he overmuch lamented After which battel retiring to Hegelsdun with his forces that were left he immutably resolved in his mind never to fight battel with the Enemies more saying only this that it was necessary that he alone should die for the People and not the whole Nation perish Soon after Hinguars Army being recruted by the access of Hubba to
and other Officers nor burâ—hened with unjust Exactions or Contributions Yea by his large Aâ—mes and Giâ—â—s he â—ent to Rome â— he procured the English School to be fréed from all Taxes and Tributes by the Popes special Bull. And we never read he imposed the least publick Tax upon his Subjects during all his wars and Exigences by his own Regal Power upon any pretext of publick Necessity Danger Defence or Safety of the Realm against the Numerous Invading plundering Danish forces both by Sea and Land Which our late and present Aegyptian Tax-masters may do well to consider In the year of our Lord 894. this King Alfred and Guthurn the Dane gave to the Church of St. Cutbert in Durham all the Lands between Weor and Tyne for a perpetual Succession free from all Custome and secular Services with all Customes Saca and Socua and infaugtheof thereunto belonging with sundry other Privileges which they ordained to be perpetually observed Non solum Anglorum sed et Danorum consentiente et collaudante exercitu by the consent and approbation of the ARMY not only of the English but Danes also Has Leges haec Statuta which proves that it was done by a Parliamentary Counsell then held in both their Armies Quicunque quolibet nisu Infringere praesumpserint eos in perpetuum nisi emendaverint Gehennae Ignibus puniendos anathematizando Sententia omnium contradidit I pretermit the Welsh Synods held under the Bishops of Landaff during King Alfreds Reign as Sir Henry Spelman conjectureâ— in whom thâ— Reader may peruse them wherein the Bishop of Landaff and his Clergy excommunicated some of their petty Welsh Kings for Murder Perjury violating the Churches Patrimony and Injuring the Bishops family who upon their Repentance and Reconciliation gave all of them some parcels of Land to the Church of Landaff The rather because I conceive them fabulous there being no such form of Excommunication used in those daies as Sir Henry Spelman proves nor any such Episcopal Synods held in England under King Alfred himself The barbarous Danes having throughout all England with fire and sword utterly wasted and destroyed all Cities Towns Castles Monasteries Churches put most of the Bishops Abbots Clergy to the Sword and almost quite deleted the knowledge of Learning and Religion out of the whole Nation insomuch that there were very few spiritual persons on this side Humber who could either understand the Common prayers in the English tongue or translate any writing out of latine into English yea so few that there was not so much as one man on the South-side of the Thames that could do it till King Alfred after his Conquest of the Danes in the latter part of his Reign restored Learning and Religion â—gain by Degrees as this King himself records in expresse terms in his Epistle to Bishop Wulsug by way of Preface to his own Translation of Gregories Pastorals into the English Saxons Language King Alfred deceasing his Son Edward surnamed the Elder succeeding his Father in the year of Christ 901 thereupon Prince Aethelwald his Uncles Son aspiring to the Crown without the consent of the King and Nobles of the Realm seised upon Oxlie and Winburne whereupon King Edward marching with his Armie against him to Bath he fled from Winburne to the Danes in Northumberland for assistance who being glad thereof they all make him King and Prince over all their Kings and Captains Whereupon they invading Essex and Mercia King Ed. raised a great Army chased them into Northumberland and harrowed the whole Country to the Lakes of Northumberland where the Kentishmen remaining contrary to the Kings Command and Messengers sent to them after the retreat of the rest of the Army The Danish Army upon this advantage setting upon them they gallantly defending themselves slew their new King Aethelwald with King Eorit and sundry of their chief Commanders and many of their Souldiers though they lost the field This King and Edelfled his Sister Queen of Mercians to prevent the frequent eruptions plunders the Danes repaired many old ruinated Towns and built many new ones in convenient places which they replenished with Souldiers to protect the Inhabitants and repell the Enemies whereby the Common people weâ—e so incouraged and became such good Souldiers that if they heard of the Enemies approach they would fight and rout them Rege etiam Ducibus inconsultis in certamen ruerent eisque semper numero scientia praeliandi praeâ—â—arent it a hostes contempâ—ni militibus Regi risui erant as Malmesbury writes The Country people themselves sighting with the Danes at Ligetune put them to flight recovered all the prey they had takenâ— and likewise the Danes Horses as they likewise did in some other parts Amongst other places this King repaired the walls of Colchester put warlike men in it certum eis stipendium assignavit and assigned them a certain stipend as Matâ— Westm. records neither he nor other our Historians making mention of assigned wages to any other Garrisons or Souldiers in that age At last the Danes in most places throughout England perceiving King Edwards power and wisdom submitted themselves unto him elected him for their King and Patâ—on and swore homage and fealty to him as likewise did the Kings of Scotland Northumberland and Wales In the year of Grace 905. This King Edward assembled a Synod of the Senators of the English Nation as Malmesbury or a great Council of Bishops Abbots and faithfull people as Matthew Westminster and others sâ—ile it in the Province of the Gewisii which by reason of the Enemies incursions had been destitute of a Bishop for 7 years space Whereupon the King and Bishops in this Council taking good advice made this wholsom constitution That instead of 2 Bishops whereof one had his Sea at Winchester the other at Schireburn 5 Bishops should be created ne Grex Domini absque cura Pastorali luporum incursionibus quateretur Whereupon they in this Council elected 5 Bishops to wit Frithstan for Winchester Athelin for Schireburn Aedulâ—e for Wells Werstan for Crideton and Herstan for Cornwal assigning them their several Sees and Diocess and two other â—ishops â—or Dorchester and Cirencester all consecrated by Archbishop Plegmond at Câ—nterbury in one day Wil. of Malmesb. and some others write that this Council was summoned upon the Letter of Pope Formosus who excommunicated king Edward with all his Subjects for suffering the Bishopricks of Winton and Scireburn to be void for 7 years space together But this must needs be a great mistake since Pope Formosus was dead ten years before this Council and before these Bishopricks became void and his pretended Epistle to the Bishops of England makes no mention at all of the king as Sir Henry Spelman well observes In the year 906. king Edward made a Peace and firm agreement with the Danes of Northumberland and east-East-England at Intingford when as some think he and
exhibuisset Which intimates that this King consulted with an assembly of his Nobles a-about his Sisters Marriage to the King of France as a mater of Parliamentary consideration Ingulphus Hist. p. 876 877 878. records that Turketulus was his Chancellor and chief Counsellour who affected not Honors and Riches refuâ—ed many Bishopricks offered him by the King Tanquam â—endiculas Satanae ad animas evertendas and would never accept of any Bishishoprick all his life being Content only with his own Lands and Wages That all his Decrees were so just and legal that they remained irrevocable when once made That he was a great Souldier and fought most valiantly against the Danes and often gloried and said He was most happy in this that he had never murdered nor maimed any one Cum pugnare â—ro patria maximè contra Paganos licite quisque possit He esteeming the slaughter of such Pagan Enemies in defence â—f his Country lawfull and no murther nor maim King Aethelstan deceasing without iâ—â—ue his Brother Edmund succeeded him An. 940. who upon the false suggestions of some of his Souldiers and Courtiers dedeprived Dunstan whom he had made his Chancellour and one of his privy Conâ—cil year ranked amongst the Royal Palatines and Princes of his Realm of all his dignities and Offices The very next day after being like to break his Neck as he rod a hunting over a steep Rock had not his horse miraculously stopped at the Rocks brink in his full carier he immediatly sent for Dunstan and to repair the injury done him rod presently â—o Glastonbury and made him Abbot thereof Presently after Anlaâ—fe King of Norwey whom Aethelstan had driven out of the Kingdom of Northumberland came with a great Navy and Army to York being called in by the persidious and rebellious Northumberlanders who instantly revolted to him and elected him for theâ—r King Whereupon he marching Southward wiâ—h a puissant Army purposing to subjugate the Realm of England to himself King Edmund gathering his forces together encountred him and after a bloody battel fought a whole day between them at Leicester with great loss on both sides Odo Archbishop of Canterbury and Welstan Archbishop of York perceiving the danger on both parts and the Destruction of the Realm made this Agreement between them that Anlaffe should quietly enjoy the whole Northeast part of England lying North of Watlingstreet and Edmund all the Souâ—hern part thereof during their joynt Lives and the Survivor of them enjoy the whole Realm after the others decease Bâ—t Anlaffe soon after wasting the Church of St. Balter and burning Tivinagham with fire was presently seised on by Gods avenging Iudgement and miserably ended his life About the year 940. Hoel Dha Prince of all Wales sent for six Laymen eminent for authority and knowledge out of every Kemut or hundred of his Realm and all the Archbishops Bishops Abbots Priors of his Realm digniâ—ied with a Pastoral staff who continuing all togâ—ther in prayer fasting and consultation all the Lent did in this Welsh Paâ—liament make and enact many Civil and Ecclesiastical Laws which they divided into 3 parts and books â—or the better Government of the Realm and Church which you may read in Spelman In the 22 Law whereof they thus determine Tres autem sunt homâ—nes quorum nullus potest per Legem impignoraâ—e contra aliquod Iudicium Primus est Rex ubi non poterit secundum Legem in Lite stare coram judice â—uo agendo vel respondendo per dignitatem naturalem vel per dignitatem terrae ut Optimas vel alius So that by the Laws of those times nor only the Kings of England but even the petty Kings of Wales were by their very Natural and Royal Dignities exempted from all personall Tryals and Iudgements against them in any Courts of Iustice seeing they had no Peers to be tryed by In the year 940 Reingwald or Reginald the Dane comming with a great Navy into Northumberland slew most of the best Inhabitants of that Realm or drove them out of it He likewise seized upon all the Lands of St. Cutbert and gave his Lands to two of â—is Souldiers one of them called Scula who afflicted the miserable Inhabitants with Grievous aud intollerable Tributes whence even unto this day the Yorkshire-men as often at they are compelled to pay Tributum Regale A Royal Tribute endeavour to impose a pecuniary Mulct on the Land which this Scula possessed for the easing of themselves Scilicet Legem deputant quod Paganus per Tyrannidem fecerat qui non legitimo Regi Anglorum sed barbaro et aliegenae Regis Anglorum hosti militabat Nec tamen quamvis multum in hoc Laboraverint Pravam Consuetudinem huc usque Sancto Cuthberto resistente Introducere potuerunt writes Simeon Dunelmensis The other part of those Lands one Onlasbald seised upon who was much more cruel and oppressive to all men than Scula extraordinarily vexing the Bishop Congregation and People of Saint Cutbert and particularly seising upon the Land belonging to the Bishoprick Whereupon the Bishop oft endeavouring by perswasion to draw him to God and entreating him to lay aside the obstinate rigor of his mind and refrain himself from the unlawfull Invasion of the Churches Lands else if he conâ—temned his admonitions God and St. Cutbert would severely avenge the Injuries done by him to them and others He with a diabolical mind contemning his admonitions and Threats swore by his Heathen Gods that he would from thenceforth be a more bitter Enemie towards St. Cuthbert and them all than ever he was before Whereupon the Bishop with all his Monks falling prostrare on the earth earnestly prayed to God and his holy Confessor to annul those proud Tyrants Threats who was then comming into the place where they were praying having one foot within the Door and the other without in which posture he stood there immovably fixed as if both his feet had been nayled being able neither to go out nor come in but standing immovable till being long thus tortured he there gave up his miâ—erable soul in the place with which example all others being terrified would no further presume by any means to invade the Land nor any thing else belonging of right to the Church Anno 941. the Rebellious o Northumberlanders preferring disloyalty before the Fealty which they owed unto Magnificent Edmund King of England elected Anlaff King of the Norâ—eyans for â—heir King Son to the former Anlaff who perishing suddenly for his Sacrilege as aforesaid he and Reginald the Son of Garthfrith after their Baptism breaking their faith and Agreement with King Edmuâ—d by invading his Dominions Edmund thereupon by force of Armes expelled them both out of the Realm of Northumberland and united it to his own kingdom and wrested Lincoln Nottingham Derby Leicester and Stamford out of the hands oâ— the Usurping insolent oppressing Danes with all Mercia subduing and reducing the
Monarchy of all England unto himself extirpating all the Pagan Danes with their infidelity restoring Christianity to its Lustre and the English to their Possessions and Liberties The year following he wasted and subdued all Cumberland and pillaged the people of all their goods And because the people of that Country were perfidam legibus insolitam perfidious and unaccustomed to Laws so that he could not totally subdue and civilize them having harrowed it with his Army and put out the eyes of the two sons of Dummail King thereof he gave the Country to Malcolm King of Scots to be held of himself upon this Condition that he should assist him and defend the Northern parts of England by Land and Sea from the Incursions of invading Enemies This King Edmund after the Conquest and Expulsion of his Enemies by the advise of Dunston and his Chancellour Turketulus made good Lawes and ordinances Ecclesiastical and Civil for the Government of his Realm for which purpose about the year of our Lord 944 he asâ—embled a Parliamentary Council of the Clergy Laity at London to consult and advise with them in the making of his Lawes Which the Proems to them thus expresse Edmundus Rex ipso solenni Pascatis festo Frequentem Londini tam Ecclesiasticorum quam Laicorum Caetum celebravit as one version out of the Saxon Orâ— Congregavit magnam Synodum Dei ordinis et saeculi as anoâ—her â—â—anslation renders it cui interfuit Odo et VVulstanus Archiepiscopi et alii plures Episcopiâ— ut animorum suorum et â—orum omnium qui eis curae sunt consuleretur saluti And this Proem of King Edmund himself thus seconds Ego Edmundus Rex omnibus qui in dâ—tionâ— ac potestate meâ sunt senibus juvenibus clarè significo Me à scientissimis Regni mei in celebri Ecâ—leâ—sticorum quam Laicorum frequentiâ studiose requisivisse quo tandem pacto Christiana proveheretur fides c. Or Mando praecipio omni populo Seniorum Iuniorum qui in Regione mea sunt Ea quae Investigans Investigavi cum Sapiâ—ntibus Clericis Laicis In this Council there were three parcels of Laws made the one meerly Ecclesiastical the other meerly Civil the third mixt of boâ—hâ— And in this Council I conceive the Constitutions of Aâ—chbishop Odo were read and ratified The greatest parâ— of the Civil Laws there made were against Murder bloodshed fighting breach of Peace Theft and Perjury In the last parcel of these Laws cap. 5. The King gives God and them thanks for assisting him in making these Laws in these words Maximas antem Deo vobis omnibus ago gratias Qui me auxilio vestro in hac pacis quam nunc ad prostigandos fures sancivimus Lege adjuvistis ac vehementer conâ—ido eo vos propensius Nobis in posterum opitulaturos quo hujus Decreti observatio magis viâ—ebitur necesâ—aria About the same year 944. this King assembled another Parliamentary Council of his Bishops and Wisemen at Culinton where they enacted 7 other Laws Principally against Theeves together with an Oath of Allegiance to king Edmund thus prefaced Haec est Institutio quam Edmunds Rex Episcopi sui cum Sapientibus suis instituerunt apud Culintoniam de pace Iuramento faciendo The two first of these Laws I shall transcribe as pertinent to my Theam Cap. 1. Imprimis ut omnes jurent in nomine Domini pro quo sanctum illud sanctum est fideâ—iâ—atem Edmuudo Regi Sicut Homo debet esse fidelis Domino suo sine omni controversiâ seditione in manifesto in occulto in amando quod amabit Nolendo quod noluit et antequam Iuramentum hoc dabitur ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo Cap. 2. Vult etiam ut ubi fur pro certo cognoscetur Tweâ—fhindi et Twifhindi that is meâ— of 600 or 200 s. Land by the year consocientur et exuperent eum vivum vel mortuum alterutrum quod poterunt â—t qui aliquem eorum infaidiabit qui in eâ quaestione fuerint sit inimicus Regis et omnium Amicorum ipsius Et si quis adire negaverit et coadjuvare nolit emendat Regi cxx s. vel secundum hoc pernegat quod nescivit et hundredo xxx s. From whence it is apparent That all Oaths of Allegance and Laws against Theeves and other Malefactors were then made and enacted in Parliamentary Councils assembled for that purpose and all fines for offences imposed and reduced to a certainty only by Parliament And by the last parcel of King Edmunds Laws in Bromton it seems the manner of contracting Marriage was then prescribed and setled by a Parliamentary Council This King Edmund as he gave and restored by his Charters to Christ-Church and St. Augustines in Canterbury several Lands unjustly taken away from them by his Predecessors free from all secular services except expedition and building of Bridge and Castle and ratified the Laws and Privileges of St. Cutberts Church at Durham by consent of his Bishops and Nobles So likewise Anno 944. he granted by his Charter written in golden Characters sundry large Liberties together with the Mannor of Glastonbury to the Abbey of Glustonbury Consilio et consensu Optimatum meorum then assembled in a Paliamentary Council at London ratifying the Privileges granted to the Monastery by King Edmund his Father Eâ—frid Centwine Ina and Cuâ—hred et nè quisquam mortalium scu Episcopus vel Dux aut Princeps aut quilibet ministrorum eorum audeat eam omnino intrare causâ— placitandi vel câ—piendi vel quidquam faciendi quod contrarium fore possit imbi Deo Servientibus Dei indictone prohibuit In the year 945. this King Edmund gave many Lands and Privileges to the Monastery of St. Edmundsbury by his Charters quam subscriptione Episcorum Comitum et Baronum piâ devotione roboravit most probably in the Parliamentary Council of London at Culington where they were all assembled King Edmund in the year 946. celebrating with great Solemnity â—he Feast of St. Augustine which the English accustomed to celebrate every year at Canterbury as some or at Pulcherkirke now at Puckel-Church in Glostershire as others or Michelesberith as Mâ—tthew Wesâ—minster stiles it as he was fitting at Dinner in the Hall amidst his Nobles and Courtiers eâ—pyed a notable Thief câ—lled Leoff whom he formerly baniâ—hed for his theft stand in the Hall Whereupon he not enduring his sight commanded his Butler to thrust that Thief presently out of the Palace who refusing to depart upon the Kings Command and resisting the Butler the King therupon in a rage rising suddenly from the Table took the Thief by the Hair and threw him to the Ground whereupon the Traitor feeling himself hurt and the King lying upon him presently drew out his Knife which he carried
kings of Wales Dufnâ—ll Siferth Howel Iames and Iuchill met him as he had commanded â—hem and swoâ—e 〈…〉 him in â—heâ—e words That they would be faithfull aud assisting to him both by Land and Sea Wâ—ich done he on a certain day enâ—red wiâ—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 folâ—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 enâ—red he said to his Nobles Thaâ— any of his Successors might then say he was King of England when wiâ—h so many Kings following and subject to him he should enjoy the Prerogative of the like pompe and power Buâ— Mr. Fox subjoyns In my mind this king had said much bâ—tter God â—orbid that I should glory in any tâ—ing but in the Cross of our Lord Iâ—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 insaniâ—ns sâ—â— ut Rex malo mala puntens The same year as Maâ—mesbuâ—y Inguâ—pâ—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 monasâ—ery which the secular Priests formerly enjoyed and had leased oâ— â— that upon a fulâ— hearing before the Wise-men Bishops others in his presence most likely in a Parâ—iamentary Counciâ— as â—his câ—auâ—e in his Charter intimates Haec a praedictis accommodata Clâ—ricis a conâ—ensioso possessa est Edâ—â—â—noâ—â— sâ—d superstitiosa subâ—il que ejus disceptâ—tione a Sapientibâ—s meis audita â—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 Counciâ— and this Charter therein made and ratified with the subscriptions of the Kings Arch-bishops Bishops Abbots and Dukes thereto annexed according â—o the custome of that age Although King Edgar in his younger daies was subject to many Vices and committed some injurious Tyâ—â—â—â—icâ—â— Aâ—â—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 poliâ—ique Government worâ—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 maintainâ—d and the just and modest he loved the learned and viâ—tuous he encouraged He would suffer no man of whâ—t deâ—ree or qualiâ—y soever he were to elude or violate his Laws without condigne punishment In his time there was neither any private Pilferer nor publâ—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 â—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 Covenanâ— and Obliâ—â—tion of one Law Governing them all with such Iustice Equity Integrity and Peace that he wâ—s stileâ— Rex 〈◊〉 Edgarus Pacificus tâ—e pâ—aceable King Edgar In his days not â—orments not Gibbeâ—s not Exâ—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 â—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 dâ—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 daysâ— 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 dâ—ink below â—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 tâ—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
foreplotted the Treason aforesaid and suborned them to execute it After their publick confession thereof he caused them all to be first drawn and then hanged for it Others write that Edric himself or his Son by his command murdered him at Oxford on St. Andâ—ews night as he was easing nature in an house of Office stabbing him into the bowels with a two-edged knife through the hole of the privy in which one of them lay in wait to murder him leaving the knife sticking in his bowels and him dead in the place And some write that he placed an Image in his Chamber with a bow and arrow ready bent which Edmond admiring at touching the spring which held the bow thus bent the arrow thereupon pierced slew him in the place That before his death was known Edric went to Edmonds wife and taking away her two young Sons from her brought and delivered them to Cnute and then saluted him saying GOD SAVE THEE SOLE KING OF ENGLAND Whereupon Cnute demanding Why he saluted him in this manner He then informed him of King Edmoâ—ds death and how he had murdered him of purpose to make him sole King of England Speed adds That he cut off his Soveraigns head â— presenting it to Cnute with these â—awning salutations All hail thou sole Monarch of England for here behold the head of thy Copartner which for thy sake I have adventured to cut off which no antient Historian mentions Upon this Cnute though ambitious enough in Soveraignty yet out of a Princely disposition sore grieved at such a disloyal treacherous act presently replyed to him I for reward of so great and meritorious a service done for me willâ— this day advance thee above all the Nobles of the Realm After which he caused his head to be cut off then fixed on an higâ— poll and placed on the highest Tower of London for the birds to prey upon Others more agreeable to the truth relate That Cnute in the first year of his reign depriving this Arch-Traitor Edric of the Dukedom of Mercia which he had many years enjoyed thereupon Edric in the feast of Christs Nativity repaired to Cnute at his Palace in London to expostulate with him about it where checking the King over-harshly he upbraided him with the many benefits he had received from him amongst which he mentioned two wherewith he specially provoked him to anger saying Most dear King you ought not to speak harshly to me nor suffer any evil to be done unto me for you had never enjoyed the Realm of England but by my means For out of love to thee I have first betrayed King Ethelred after that I deserted Edmond my proper and natural Lord and afterwards I foreplotted his death and murdered my just and true liege Lord out of my fidelity towards thee to bring the whole kingdom unto thee and dost thou so lightly vilify so great love conferred on thee for which I never received any benefit or profit from thee At which speeches Cnute changing his countenance expressing his fury by its redness presently pronounced this sentence against him saying And thou shalt deservedly die thou most perfidious Traitor seeing by thy own confession thou art guilty of Treason both against God and me who hast slain thine own Soveraign and natural King and my dear confederate Brother His bloud be upon thy head because thou hast stretched out thy hand against the Lords anointed And lest a tumult should be raised among the people he commanded him to be there presently strangled in his palace and his body to be cast through a window into the river of Thames to be devoâ—red of the fishes as some or hanged upon London walls unburied to be devoured by birds as others story At which time Duke Norman son of Duke Leofwin Captain of Edrics guard Aethelward son of Duke Agelmar and Brihtricus son of Alphege Earl of Devonshire with many others of Edrics followers were likewise slain without offence together with Edric because Cnute feared he should one time or other be circumvented by the treacheries of this old perfidious Traitor hearing his former natural Lords Ethelred and Edmond had frequently been betrayed by him quorum diutina proditione alterum vexavit alterum interfecit there being no trust to be reposed in such a Traytor to his Soveraigns Thus this inveterate Arch-Traitor to his Natural Country Kings and bloudy Regicide by Gods divine Justice received the just punishment of all his Treasons at the last instead of expected great rewards from that hand he least suspected Whence Matthew Westminster relating both the Histories of the manner of Edrics death concludes thus Sed sive sic sive aliter vitam finierit Proditor Edricus non multum ad rem pertinet quia hoc liquido constat Quod ille qui multos circumvenerat tandem est justo Deâ— Iudicio circumventus et proditionis suae meruit subire talionem And let all those who have or shall imitare him in his Treasons against his native Country Kings and Regicide seriously meditate on his tragical end and expect the self same retribution in conclusion though they escape as many years as he then did before final execution A third sort of Authors as Marianus Scotus Wigorniensis Roger Hoveden and Simeon Dunelmensis make no mention of King Edmonds murder by Edric his subordination but only that he died at London not Oxford about the Feast of St. Andrew as if he had died of a naturall death but the generality of Writers agree he was murdered at Oxford ambiguum quo casu extinctus writes Malmesbury the common fame being he was murdered by Edric as aforesaid And Bromton who recites all three opinions concludes thus Sed primus modus videliceâ— quod rex Edmundus ad requiem naturae sedens proditione dicti Edrici occisus fuit verior aliis et auâ—enticior habetur The Author of the Encomium of Emma concurring with Marianus subjoynes this Observaâ—ion touching his short reign and speedy death That God c. minding his own doctrine That a kingdom divided in it self caunot long stand and pitying the English took away Edmond lest if the Kings had continued long together they should have both lived in danger and the Realm in continual trouble His reign continued onely seven moneths in which time he fought seven or eight battels in defence of his Country People and their Liberties besides his single Duel with Câ—ute and by his untimely death the English Saxon Monarchy was devolved to the Danes who by Treachery and the Sword for three descents deprived the English Saxons of the Crown and Kingdom through divine retaliation as they had unjustly by treachery and the Sword dispossess'd and disinherited the Britons thereof about 450 yeares before as Henry Huntindon Bromton Radulphus Cistrensis Mr. Foxâ— Speed and others observe The Sinnes of the Saxons grown now to the full writes Speed and their dreggs as it were sunk to the
meis omnibus ut in proprio meo lucrentur et inde mihi serviant Et nemo cogatur ad firmae adjutorium aliquid dare nisi sponte sua velit Et si quis aliquem inde gravabit Werae suae reus sit orga Regem Lex 97. Si quis ex hac vita decedat sine distributione rerum suarum vel per incustodiamâ— vel per mortem improvisam non usurpet dominus ejus de pecunia nisi quantum ad justam Relevationem pertinet quae Anglicè vocatur Hereget sed sit secundnm dictionem ejus ipsa pecunia recte divisa uxori pueris et propinquis unicuique secundum modum qui ad eum pertinet Et sint Relevationes ità minutae sicut modus est Comitis sicut ad eum perâ—inet hoc est octo equi quatuor sellati quatuor insellati et galeae quatuor et loricae quatuor cum octo lanceis et totidem scutis et gladii quatuorâ— et CC. marcae auri Postea Thayni regis qui ei proximus sit quatuor equi duo sellati et duo insellati et duo gladii et quatuor laâ—ceae et totidem scuta et galea cum lorica sua et 50. marcae auri Et mediocris Thayni equus cum apparatu suo et arma sua vel suum Halsfang in Westsaxia in Mircenis ij l. in Estanglia ij l. Et si notus sit Regi equi duo unus cum sella et alius sine sella et unus gladius et duae lanceae et totidem scuta et 50 marcae auri Et qui minus potest det duas libras Lex 104. Et qui fugiat à Domino vel socio suo pro timiditate in Expedâ—tione navali vel terrestri per dat omne quod suum est et suam â—psius vitam et manus mittat Dominus ad terram quam ei antea dederat Et si terram haereditariam habeat ipsa in manum regis transeat Lex 105. Et qui in bello aâ—te Dominum suum ceciderit sâ—t hoc in terra sit alibi sint relevatitones condonatae et haâ— beâ—nt haeredes ejus terram sicut et pecuniam suam et rectè dividant inter se. Lex 107. Et volo ut omnis homo pacem habeat eundo ad Gemoâ—um vâ—l rediens de Gemoto id est placito nisi sit fur probatus Lex 110. Qui leges istas apostabit quas Rex modo nobis omnibus indulsit sit Dacus sit Anglus Werae suae reus sit erga regâ—m Et si secundo faciat reddat bis Weram suam Si quis addat tertio râ—us sit omnium quae habebit In the rest of his Lawes all corporal and pecuniary penalties and fines for all sorts of Offences and Crimes are reduced to a certainty and none left arbitrary and by Lex 104 105. it is evident that the Military Laws as wel as the Civil Ecclesiastical were made in and by advice and direction of the Great Councils The Chronicle of Bromton informs us that King Cnute per Chartam suam à se et haeredibus suis dedit quà m cito post in Parliamento suo apud Wintoniam when and where â—hose Laws were made coram omnibus Regni sui Magnatibus confirmavit gave and confirmed the Manors of Hornyng Ludham and Netershede to the Monastery of Cowholm in Northfolke And that one Maynard riding towards this Parliamentary Council brake his neck who had so incensed the King against Wulfriâ— and the Monks of this Monastery that he threatned to put â—hem to death What lands and privileges he gave by his Charters to St. Cuthberts Church in Durham Christs-Church in Canterbury and other Monasteries the Marginal Authors will inform us About the year 1034. King Cnute having obtained the Soveraign Dominion of England Scotland Norwey a great part of Sweden and of all Denmarke principally by the Sword through the flattery of his followers who stiled him a King of all Kings most mighty 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 sit 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 wiâ—hout his gift I commend I recommend my self to him and let him be the Gardian of debiliâ—y 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 Kingâ— 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 â— 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 wiâ—h their vices and addicted to their party elected Harold Son of Cnute by his Concubine Algiva whom â—ome aver to be the son of a Tayler for their King But Godwin Earl of Kent with the Princes of the Western part of England contradicting them would rather have elected Harde-Cnute son of Cnute by Queen Emma or one of the Sons of King Eâ—helred and Emma then in Normandy After great strife and debate between the Nobles about the Election because Harold was there personally present but Harde-Cnute then in Denmark and Alfred and Edward in Normandy Harolds party prevailed against Earl Godwins qui tandem vi numero minor cessit violentiae Whereupon Harold was presently crowned King at Oxford by Elnothus Archbishop of Canterbury though at first he was very unwilling to perform that service For it is reported of him that he having the regal Scepter and Crown in his custody refused with an Oath to consecrate any other for King so long as Queen Emma her children were living for said she Cnute committed them to my trust and assurance and to them will I give my faith and allegiance This Scepter and Crown therefore I here lay down upon the Altar neither do I deny nor deliver them to you but I require by the Apostolick Authority all Bishops that none of them presume to take the same away neither that they consecrate him King therewith as for your self if you dare you may usurp that which I have committed to God on this Table Notwithstanding this great thunderclap being allayed with the showers of Golden promises of his just good and religious government intended though present experience manifested the contrary he was crowned by him Anno Anno. 1035. Henry Huntindon and others write That they elected him King only to keep the kingdom for his Brother Harde-Cnute then in Denmark Harold and the Nobles of West-Sex who opposed his election upon advice taken resolved that Qneen Emma wife of the deceased King should keep West-Sex and Winchester for the use of her Son Harde Cnute and that Earl Godwin should be their Captain in military affairs Roger Hoveden and others record That Harold being elected King by the consent of the major part of the Nobles of England obtained the royal dignity and began to reign quia justus haeres because he was a lawfull heir yet he reigned not so powerfully as Cnute quia justior haeres expectabatur Harde Cnutus because a juâ—ter heir Haâ—de Cnute was expected By reason of this disagreement amongst the Nobles to please both parties the kingdom of England was therupon divided by Lot Harold enjoying the Northern part thereof and Harde-Cnutes friends retaining the Southern part of it for his use No sooner was Harold crowned King but to secure himself the better in his Throne he presently posted to Winchester with his forces where tyrannically and forcibly taking away all the Treasures and goods which Cnute had left to Queen Emma his Mother-in-law he banished her out of England into Flanders some write she was thus banished by the secret Counsel and treachery of Earl Godwin whom she had made General of her forces for her preservation who proved unconstant and a Traytor to her and her children where in this her distresse she was honourably entertained by Earl Baldwin In the year 1036. Alfred eldest Son of King Ethelred comming over to claim his right in the Crown was with his Norman associates betrayed and murdered by the treachery of Earl Godwin of which I finde these several different relations in our Historians Matthew Westminster Ranulphus Cistrensis and others out of them record that Alfred being in Normandy and hearing of the death of Cnute came into England with 23. chosen ships full of Souldiers ut paternum regnum de Iure sibi debitum vel pacificè vel si necessitas cogeret armatorum praesidio obtineret that he might obtain his fathers kingdom of right due unto him either peaceably or if necessity compelled by force of arms Who ariving with his forces at Sandwich Port came as far as Canterbury When Godwin Earl of Kent knew of his comming he went to meet him and receiving him in his fidelity the very next night following compleated â—he part of the Traytor Iudas upon him and his fellow-Souldiers For after kisses of peace given and joyful banquets in the silence of the midnight when as Alfred and his companions had given their Members to sleep they were all taken unarmed in their beds suspecting no harm by a multitude of armed men rushing in upon them and their hands being tyed behind their backs they were compelled to sit down in order one by another Where sitting in this manner nine of them were always beheaded but the tenth dismissed and his life reserved for a â—ime These things were acted at Gildeford a royal Town But when it seemed to be Traitor Godwin that there were more yet remaining alive of them than was profitable he 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 â—o be sent to the Isle of Ely and there to have his eyes pulled out of the pain whereof he soon after died but he slew all his Souldiers too perniciously Florentius Wigorniensis Roger de Hoveden Simeou Dunelmensis Radulphus de Diceto Mr. Fox and others relate That the innocent Princes Alfred and Edward sons of King Ethelred came out of Normandy where they had long resided with their Uncle Richard into England accompanied with many Norman Souldiers transporâ—ed in a few ships to conferr with their Mother Emma â—hen residing at Winchester Which some potent men especially Earl Godwin â—s was reported took very unworthily and grievously because licet injustum â—sset although it were unjust they were more devoted to Harold than to Alfred Whereupou Harold perswaded King Harde-Cnute and the Lords not to suffer those Normans to be within the Realm for jeopardy but rather to punish them for example by which means he got authority to order the matter himself Wherefore he met
vix aliquis id possit persolvere Quapropter omnibus qui prius adventum ejus desiderabant magnopere factus est exosus summopere Anno 1041. Harde-Cnute King of England Huscarlas missit per omnes regni sui Provincias Or Ministros suos per omnes fines regni destinavit sent his Officers through all the Counties parts of the Realm to exact and collect the Tribute which he had imposed without sparing any and to furnish his Mariners with all necessaries from thence Two of which Oâ—ficers Faeder and Turstin exacting this Importable Tribute with great rigour and cruelty from the Inhabitants of the County and City of Worcester were thereupon tumultuously slain by them in a Monastery whither they fled for Sanctuary on the 4 th day of May. The King being very much incensed therewith sent Godwin with all the rest of the Earls of England and almost all his Officers and whole army thither â—o avenge their deaths commanding them to slay all the men if they could to pillage and burn the whole City and County who coming thither the 2. of November wasted the City and County for 4. dayes space but took or slew few of the City or County because they having notice of their coming fled all away to an Iland in the midst of Severn called Beverage which â—hey fortified and so long manfully defended against their Enemies til they had recovered their peace and obtained leave quietly to return to their homes Whereupon on the fifth day they burnt the City every one returning with great booties and thereupon the Kings wrath was pacified but his reputation much ecclipsed and the affections of the people lost by that cruelty and Tax Which it seems was imposed by his own arbitrary power without any Grant or common consent in a Parliamentary Council Unde cunctis qui prius ejus adventum optaverant in Angliam exosus effectus est writes Mat. Westminster Contumeliam famae amori suo detrimentum ingessit adds Malmsbury This whole Tribute amounted but to 32137 l. which came not to the moity of one Moneths Contribution or Excise in our dayes Iohn Speed and some others write That Earl Godwin devising how the Crown might be worn by him or his to separate the hearts of the Subjects from the Prince thaen which there can be no greater wound unto both caused the King to impose heavy Tributes upon the English only to pay the Danes in his Fléet appointing every common Souldier and Mariner to receive 8. Marks in money and every Officer and Master 12. amounting to the summ of 32147 l. for the payment whereof there was so great a grudge that two of his Collectors were slain by the Citizens of Worcester which caused their City to be burnt and part of the County to be spoiled by the Kings command and their Bishop Alfred expulsed the See til with money he had purchased his peace But observe Gods Justice on this Exactor and Tax-imposing King soon after his cruelty at Worcester as he was revelling and carrouzing amidst his cups at Lambheth at a solemn Mariage-feast between a Danish Lord and Gotha an English Lady he suddenly fell down dead to the ground without speech or breath â—ot being lamented nor desired by reason of his unwonted Taxes excesse and riot Yea so far were all â—orts from bewailing him that in regard of their freedom from the Danish yoak which they attained ever since among the Common people the 8. of Iune the very day of his death is annually celebrated with open pastimes in the street as the old Romans kept their Fugalia for chasing out their King which time is now called Hoc-tide or Herextide signifying a time of scorning or contempt which fell upon the Danes by his death when he had voluptuously and oppressingly reigned over the English not full two years wanting ten dayes thereof Now here take special notice of Gods exemplary justice upon King Cnute the Danish Usurper and Invader of other mens Crowns and Kingdoms by treachery bloud war treason the murders of Edmund Ironside Pr. Edwin and Alfred and exile of the Royal posterity His base Son Harold dispossessed his Legitimate Son Harde-Cnute of the Crown of England contrary to his will and contract banished and spoiled his own Queen Emma of her Treasure and Jewels oppressed the people with Taxes and was soon cut 〈◊〉 by death without any issue Harde-Cnute after his death digs up his Brother Harolds corps beheads and then throws it into the common sink Thames incurs Gods and his Peoples hatred by his Oppressions Taxes Luxurie and is taken away suddenly in the midst of his age without issue before he had reigned two years His Son Swane to whom he bequeathed the Kingdom of Norwey which he got by treachery bribery force and the expulsion murder oâ— their rightfull pious King Olaus was expelled both out of Norwey and Denmark too by Magnus the Sonne of Olaus the English Army sent by Harde-Cnute to re-establish him in the Kingdom of Norwey routed in the field and so forced home thence with dishonour leaving Magnus in possession not only of Norwey but Denmark which he conquered and made Tributary to him Thus were all his three Sons within 8 years space after Cnutes death quite stript of all their three Kingdoms acquired by war blood conquest treachery and the English and Norwegian royal lines restored to their rights and Crowns again What persons then in their right sences would impiously spend much treasure levied on the oppressed people by violence rapin uncessant Taxes Excises or shed much human Christian blood to purchase other mens Crowns Kingdoms which are not only full of cares and troubles but so unstable short and momentary in their fruition as is most evident by the Danish Intruders CHAP. V. Containing a Brief Historicall Collection of all the Parliamentary Councils State-Assemblies Historicall Passages and Proceedings that concern the Fundamentall Liberties Priviledges Rights Properties Laws and Government of the Nation under the reign of King Edward the Confessor from the year of our Lord 1042. to 1066. wherein he died KING Harde-Cnute being sodainly taken out of this world without issue by divine Justice on the 6 day of Iune Anno 1042. thereupon the Earls and Barons of England immediately â—fter his death assembled together in a Great Council about the election of a New King Wherein OMNES ANGLORUM MAGNATES ad invicâ—m tractantes DE COMMVNI CONCILIO ET JURAMENTO STATUERUNT QUOD NUNQUAM TEMPORIBUS FUTURIS ALIQUIS DACUS SUPER EOS IN ANGLIA REGNARET hoc maximâ— pro contemptibus quos Angli à Danis saepiuâ— accâ—perunt c. as the Chronicle of Bromton others informe us All the Nobles of the English treating together decreed by common advice which they ratified with an oath THAT IN TIMES TO COME NEVER ANY DAâ—E or person of the Danish blood SHOULD REIGN OR BE KING OVER THEM IN ENGLAND ANY MORE
King himself 7. That no Subject could then by law wage battel against the King in an Appeal 8. That the murther of Prince Alfred then heir to the Crown in the time of Harold an actuall King by usurpation without any good title by his command was reputed a treasonable offence in Earl Godwin for which he forfeited his lands and was forced to purchase his pardon and lands restitution with a great fine and summe to the King 9. That though the Author of the Chronicle of Bromton Caxton out of him â—tâ—le this Assembly PARLIAMENTUM a Parliament not a COUNCIL yet it is onely according to the style of the age wherein he writ being in the reign of King Edward the third as Mr. Selden proves not according to the dialect of the age wherein it was held to which the term Parliamentum was a meer stranger and CONCILIUM MAGNUM c. the usual name expressing such Assemblies King Edward Anno 1643. immediately after his Coronation came suddenly from Glocester to Winchester attended with Earl Godwin Siward and Leofric and by their advice forcibly took from his Mother Queen Emma all her gold silver jewels and precious stones and whatever rich things else she possessed commanding onely necessaries to be administred to her there The cause of which unjust act some affirm to be Godwins malice towards her others affirm it to be her unnaturalnesse to King Ethelred her first husband and her own sons by him Alfred and Edward In loving and marrying Cnute their enemy and supplanter when living and applauding him when dead more then Ethelred In advancing Harde-Cnute her â—on by him to the Crown and endeavouring to deprive Alfred Edward thereof In refusing to give any thing toward Prince Edw his maintenance whiles in exâ—le and distresse although he oft requested her to supply his necessities In having some hand in the murther of Prince Alfred and endeavouring to poyson King Edward himself as the Chronicle of Bromton relates After which by the instigation of Robert Archbishop of Canterbury a Norman born he againe spoiled her of all she had and shut her up prisoner in the Abbey of Werwel upon suspition of incontinency with Alwin Bishop of Winchester from which false imputation she purged her self and the Bishop by passing barefoot over nine red hot ploughshares without any harm Whereupon the King craved mercy and pardon from her for the infamy and injury done unto her for which he was disciplined and whipped by his Mother and all the Bishops there present Anno 1044. There was GENERALE CONCILIUM CELEBRATUN a General Council held at London wherein Wolmâ—r was elected Abbot of Evesham And this year King Edward DE COMMUNI CONCIDIO PROCERUM SUORUM as Bromton and others write moâ—t likely when assembled in the Council at London married Edith daughter of Earl Godwin in patrocinium regni sui he being the moâ—t potent man in all the Realm there being in her breast a magazine of all liberall vertues And this same year most probable by this same Councils Edict Gunilda a noble Matron King Câ—ute's sisters daughter with her two sons Hemming and Thurkell were banished out of England into Flanders from whence after a little stay they departed into Denmark King Edward in the year 1045. assembled together to the port of Sandwich a very numerous and strong Navy against Magnus King of Norway purposing to invade Engl. But Swane King of Denmark then warring upon him hindered his voyage for Englaâ—d The next year 1046. Osgodus Clapa was banished out of England Swanâ— King of Denmark Anno 1047. sent Ambassadours to King Edward desiring him to send a Navy to him agaiâ—st Magnus King of Norway Hereupon Earl Godwin counselled the King to send him at least fifty ships furnished with souldiers Sed quia Leofrico comiti ET OMNI POPULO id non vidâ—batur consilium CAETERI PROCERES DISSUASERUNT nullum ei mittere voluit But because that Council seemed not good to Earl Leofric and all the people and the rest of the Nobles disswaded him from it he would send no ships to him Magnus furnished with a great Navy fought with Swane and after a great slaughter on both sides expelled him out of Denmark reigned in it and compelled the Danes to pay him a great Tribute Harold Harvager King of Norwey Anno 1048. sent Ambassadours to King Edward offering peace and friendship to him which he embraced Also Swane King of Denmark sent other Ambassadours to him this year requesting a naval assiâ—tance of ships from him But although Earl Godwin was willing that at least fifty ships should be sent him yet none were sent because Earl Leofric OMNISQUE POPULUS UNO ORE CONTRADIXERUNT and all the people contradicted it with one voice Abbot Ingulphus records That Wulgat Abbot of S. Pâ—ga whose Abbey was quite destroyed and burnt to the ground by the Danes had a long suit in the Kings Court with three Abbots of Burgh concerning the seat of his Abbey especially with Abbot Leofric with whom he most strongly contended Sed Regis curia nimium fav â—nte potentiori contra pauperem sententiante tandem sedem monasterii sui perdidit Tanta fuit Abbatis Leofrici pecunia tanta Comitis Godwini potentia which he thus repeats Illo in tempore venerabilis Pater Wulgatus Abbas Pegelandiae diutissimam calumniam passus ab Abbatibus Burgi Elfrico Arwino Leofrico Abbatiae suae sedem amittens tandem succubuit proâ— nefas totum situm monasterii sui JUDICIO REGALIS CURIAE PERDIDIT Tantum tunc potuit super Iustitiam pecunia contra veritatem versutia in CURIA regis Hardecnuti Godwini potentia After which he addes that in the year 1048. when the said Abbot Wulgat having lost the site of his Monastery had laid the foundation of a new Monastery in his Manor of Northburt next adjoyning to the old intending to translate his Abbey thither and diligently laboured to reedifie a Church Dormitory with other claustral offices there being assisted with the alms of many believers Fernoâ—us a K t. L d. of Bosworth openly shewd out of the Abbots own writings that the said Manour of Northburt was given by his progenitors to the Monastery of S. Pâ—ga and to the Monks there serving God whence by consequence he alâ—edged That seeing Abbot Wulgat and his Monks did not serve God and S. Pega from thâ—t time forwards in that place where the old Monastery stood that they ought not from henceforth to enjoy the said Manour Acceptatum est hoc A REGIS JUSTITIARIO ET CONFESTIM ADjUDICATUM EST dictum manerium de Northburt cum omnibus suis pertinentiis praedicto militi Fernoto tanquam jus suum haereditariuÌ„ de monachis ecclesiae sanctae Pegae alienatuÌ„ perpetuo sublatum Quod tum per universum Regnum citius â—uisset cognitum scilicet Abbatum de Peikirk
alia Apostolica mandata cum referrent nobis Legati interea revelavit beatus Petrusâ— c voluntatem suam esse ut restituerem locum qui dâ—itur Westmonaâ—terium c. Cumque mihi hanc visionem meisque retulisset Apostolicae literae aequalia praecepta detulâ—ssent contuli voluntatem meam cum voluntate Dei TOTIUS REGNI ELECTIONE dedi me ad restructioneÌ„ ejusdem loci Itaque DECIMARI praecepi omnem substantiam meam tam in auâ—o argento quà m in pâ—cudibus omni genere possessionum destruens veteremâ— novam à fundamento basilicam construxi From which passages and charters which I have coupled all together for their coherence in matter though differing somewhat in time I shall observe 1. That parliamentary great Councils in that age were summoned by the King upon all extraordinary occasions 2. That the Prelates Nobles and Barons of the Realm were the onely members of the grâ—at parliamentary Councils summoned onely by the Kings writs without any Knights of Burgesses that we read of elected by the people 3. That the Kings of Engl. in that age could not depart out of the Realm no not to pay their solemn vows to God nor appoint Vice-royes Guardians Officers Judges Commanders to govern or defend the Realm in their absence without the advice and consent of their Nobles in parliamentary Councils nor yet endow Monaâ—teries with any Crown-lands or Royal priviledges by their charters unless by consent and confâ—rmation of their Nobles and themselves in Parliament 4. That the Nobles and grand Councils of Engl. had then a negative voyce not onely to conclude against the King in his resolutions and intentions buâ— even in his sacred and religious vows when prejudicial dangerous mischievous to the Realm the publick peace safety 5. That Kings ought to submit to the just petitions advice desires of their Nobles Councils and people in all things which concern their safety tranquility though contrary not only to their private resolutions but vows 6. That the Nobles and Subjects of that age were very zealous both of the safety of their Kings persons the kingdoms peace and security and the hereditary succession of the Crown 7. That the Kings absence out of the Realm or death without any hereditary issue or heir is exceeding perillous and mischievous to the Realm yea the cause of many seditions tumults perturbations and ruins 8. That the sacred vows of Kings prejudicial to the Realm may and ought to be violated and dispensed with and that by the resolution of two Popes three Roman Synods and two parliamentary Councils 9. That God doth many times not onely preserve the right heirs to the Crown from the hands of bloody Tyrants and Usurpers who seek their life but likewise miraculously and unexpectedly restore them to the Crown again without war or bloodshed after many years seclusion from it by intruding armed usurpers as he did K. Edw. here after 25 years invasion of his right Aurelius Ambroâ—ius after 21 years long before 10. That right heirs to the Crown when so miraculously restored and reinthroned in their Kingdomes ought to be extraordinarily affected with and thankful bountiful and devout to God for it and their subjects likewise both in wordâ— and deeds as King Edward his Nobles and Subjects were King Henry the Emperour An. 1049. when the forementioned parliamentary Council was held about the Kings pilgrimage and Embassy to Rome warring upon Baldwin Earl of Flanders for burning his palace sent to King Edward intreating him not to suffer Baldwin to â—scape in case he should flie to sea Whereupon the King went with a great fleet to Sandwich which he there continued so long till the Emperour received from Baldwin whatever he desired Henry Huntindon and the Chronicle of Bromton relate that two Princes of the Danes Lothin and Hirling the yeare before having there taken an inestimable booty and great store of gold and silver they sailed by sea about the coast of Essâ—x pillaged it and sailing thence into Flanders there sold their prizes and returned from whence they came Which probably occasioned the kings drawing his fleet this year unto Sandwich for defence of the coast as well as the Emperours Embassy Whiles the Kings fleet lay at Sandwich Swane Earl Godwins son who formerly fled into Denmark because he could not marry Abbâ—sse Elgina â— whom he had defloured teturning into England with eight shipâ— gave out in speeches that he would from henceforth faithfully remain with the King Whereupon Earl Beorn promised him to procure from the King that his Earldome should be restored to him The Emperour and Earl Baldwin being agreed Earl Godwin and Beorne by the Kings license sailed to Pemeuse with 42 ships the rest of the Navy the King discharged and sent home retaining onely a few ships with him But being soon after informed that Osgad Clapa whom he had banished lay in Vlve with 29. ships he recalled as many of the dismissed ships as he could to encounter him Osgad having received his wife sailed with 6 of his ships inâ—o Dâ—nmark the other 23 ships sailed towards Essex having taken a great booty about the promontory of Edelfe they were all cast away in a great storm but two w ch were taken in the parts beyond the sea all the men in them put to the sword In the mean time Swane dealt very deceitâ—ully with Earle Beorne intreating him to go with him to Sandwich to make his peace with the King who considering his consanguinity went to him attended onely with three men Swane treacherously sending him to Bosâ—nham where his ships rode at anchor carried him on ship-board bound him in chains and at last slew and cast him into a pit After which two of his ships being taken by those of Hastings and brought to the King at Sandwich and 4 more of his ships being dismissed he sailed with two ships onely into Ireland till Ailred Bish. of Worcest reduced and reconciled him unto the King The same year in the moneth of Aug. the Irish pirats with 36 ships arriving in the mouth of Severn by the help of Griffin King of Sâ—uthwales burnt and pillaged many villages and put the inhabitants to the sword against whom Ailred Bish. of Worcest with few of the inhabitants of Worcester and Hereford speedily marched but the Welshmen amongst them who had promised fidelity to them â—ending presently to their K. Griffin intreating him with all possible speed to fall upon the English thereupon he and the Irish pirats assaulting the English unexpectedly early in the morning slew many of them and routed the rest King Edward in the year 1051. released the English From the heavy tribute or Danegeld which Florentius Wigorniensis and Simeon Dunelmensis thus expresse Rex Edvardus Absolvit Anglos A gravi veâ—â—igali 38. anno ex quo pater ejus Rex Athelredus Danicos solidarios solvi mandavit c. quod eis pater suus propter
themselves suspected thought it not safe for them to come thither without an armed Guard whereupon they encampâ—d at Brâ—verstone with a great host and there stayed giving out a report among the people that they had therefore gathered an Army together out of Kent Surry Yorkshire Oxfordshire Glocestershire Somersetshire Herfordshire Essâ—x Notinghamshire and other parts that they might curbe the Welshmen who meditating Tyranny and Rebellion against the King had fortified a Town in Herefordshire where Swane one of the Earl Godwins Sonnes then pretended to keep watch and ward against them The King hearing that Godwin and his Sonnâ—s had raised a great Army of men out of all these Counties upon this false pretext presently sent Messengers to Syward Earle of Northumberland and Leofric Earle of Mercia to hasten to him being in great danger with all the forces they could raise Who repairing to him at the first with small forces so soon as they knew how the matter went sending their Officers through their Coâ—ntries together with Earle Ralph in his Countrey speedily assembled a great Army to assist the King ready to encounter these enemies if there were a necessity In the mean time Godwin marching with his Army into Glocestershire sent messengers to the King as Matthew VVestminster and some others story commanding him to deliver up Earle Eustace with his companions the Normans Bonomans who then held the Castls of Dovâ—r to him else he should denounce war against him To whom the King being sufficiently furnished with military forces sent this answer That he would not deliver up Earl Eustace to him commanding moreover Ut qui exercitum contra ipsum collegerat sine eâ—us licentia pacem regnâ— perturbaverat veniret ad eum die statuta sâ—per hac injuria sibi responsurus juri pariturus Godwin and his Sonnes being accused of A CONSPIRACY against the King and made odious to the whole Court by the VVelshmen and Normans so that a rumor was spread abroad that the Kings Army would assault them in the same place where they quartered and were unanimously resolved and ready to fight with Godwins Army being much incensed against him if the King would have permitted them Quo accepto Godwinus ad Conjuratos classicum cecinit Ut ultro Domino regi non resisterent sed si conuenti suissent quin se ulciscerentur loco non cederent profecto facinus miserabile plus quam civile bellum fuisset nisi maturiora consilia interessent writes Malmsbury But because the best and greatest men of all England were engaged on the one side and other it seemed a great unadvisednesse to Earl Leofric and others that they should fight a battle and wage war with their own Countrymen and thereupon they advised That hostages being given on both sides the King and Godwin should meet at London on a certain day to plead togâ—ther which Counsel being approved of and mesâ—engers running to and fro between them hostages being given and received and some small agreement made between them at the present thereupon the Earle returned into VVest-Sax and the King increasing his Army both out of Mercia and Northumberland returned with them to London by agreement between both parties Iterumque praeceptum ut Londini Concilium coageretur and it was again commanded by the King that A COVNCEL or PARLIAMENT as Trevisa Speed and others render iâ— should be assembled at London Swane the Son of Godwin was commanded to mitigate the Kings anger by his flight Godwin and Harold were ordered to come to this Councel with twelve men only in their company and that they should resigne up to the King the services of all the Knights and Souldiers which they had thoroughout England But Godwin and his Sonnes as they durst not wage war against the King so ad Curiam ejus venire Iuri parituri negabant They would not come to his Court to put themselves upon a legal tryall alleadging That they would not goe to a Conventicle of factious persons without pledges and hostages that they would obey their Lord in the surrender of all their Knights services and in all things else without the perill of their honour and safety That if they came thither unarmed they might fear the losse of lifâ— if with a few followers it would be a reproach to their honour But the King being so resolute in his minde that he would not recede from what he had resolved by their intreaties â—pon their refusal to come unto his Court to justify themselves Rex in suo Concilio communi Curiae suae judicio by the common judgement of his Court in this Parliamentary Councel Et omnis exercitus unanimi consensu and by the unanimâ—us consent of his whole Army as Flo-rence of VVorcester and his followers subjoyne banished Godwin himself and his five Sons out of England whereupon prolatum Edictum est A Decree Proclamation was then published that within five dayes they should dâ—part out of England Godwin perceving that his souldiers deserted him some some â—or fear of the Kings Army and displeasure thereupon he and his wife Gâ—va and his three sonnes Swane Gurth and Tosti with his wife Iudith daughter to the Earle of Flanders departed presently out of England by the Isle of Thanet into Flanders to Earle Baldwin with much treasure but his other two soâ—nâ—s Harold and Leofric sailed by Bristol into Ireland Moreover the King put away his Qâ—een Edâ—tha for her Father Godwins sake thrust her into the Abbie of Warwel or Redwel without worship with one maid only to attend her committing her to the custody of the Abbess his own sister taking away all her substance without leaving her so much as one penny ne scilicet omnibus suis parentibus patriam suspirantâ—bus sola sterteret in pluma Harolds Earldom and County wâ—a bestowed on Algarus who ruled it nobly and he with good will resigned it up to Harold upon his returne These things being done William Duke of Normandy came to visit the King with a great multitude of Normans and Souldiers whom King Edward honorably received and magnificently entertained for a season carrying him about to all his royal Castles and Cities and at last sent back into Normandy with many and great presents bestowed on him and his followers De successione autem Regni spes adhuc aut menâ—io nulla facta inter eos fuit writes Iâ—gulphus King Edward In Parliamento Pleno having in Plain or full Parliament as Radulphus Cestrensis Knighton de eventibus Angliae l. 1. c. 10. Trevisa and others relate thus banished and outlawed Godwin and his sons in which in condition as some write they continued two ful years Thereupon in the year 1052. Harold and Leofric by way of reveng coming out of Ireland with such ships and forces as they could there raise pâ—llaged the western parts of England â— infesting the shores with continual robberies carrying away rich booties
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 granâ—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 raiâ—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 dâ—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 pronounâ—ed concerning the name of a King by William the bastard King of England foolishly writ to Pope John demanding this queâ—â—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 â— 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 abovâ— all things ought to fear God to â—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 Bishopâ— Three Servants the King ought to havâ— under his feet as Vassals Fleshly Lust Avarice and Grâ—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 Kingâ— 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 quâ—modo Godwinum proditionum suarum donatum stipendiis divini judicii ultrix ira consumpserit detestandique facinoris quod in Regem fratremque ejus coÌ„miserat 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
Earl much benefited the King and people whiles he lived Algarus his son succeeding him in the Earldom of Mercia in the year 1058. was banished the second time by Kiâ—g Edward but by the assistance of Griffin King of Wales and help of the Norwâ—y fleet which beyond expectation came to assist him he suddenly recovered his Earldom again by force of which he conceived himself unjustly deprived against Law Griâ—fin King of Wales having contrary to his former league and agreement invaded infested England slain the Bishop of Hereford burnt the City â—arrowed the Country and twice assisted Earl Algarus against King Edward thereupon Anno 1063. Duke Harold by King Edwards command marched hostilely into Wales with his forces to infest Griffin who having notice of his comming took Ship and hardly escaped his hands Hereupon Harold raised a greater Army and likewise provided Ships and furniture after this his brother Tosti and he joyning their forces together by the Kings command began to depopulate Wales and invaded it both by Sea and Land whereupon the Welshmen compelled by necessity gave them Hostages and promised That they would thenceforth pay a Tribute to K. Edward as their Soveraign and banish their King Griffin whom they expelled accordingly that year and An. 1064. they cut off their King Griffins head and sent it unto Harold who presently transmitted it to K. Edward whereupon the King made Griffiâ—s Brothers Blethagent and Redwallo Kings over the Welshmen to whom he gave that land who sware Fealty to King Edward and Harold et ad imperium illorum mari terraque se fore paratos ac omnia quae prius de terra illa Regibus anterioribus fuâ—rant pensa obedienâ—er se pensuros responderunt as Wigorniensis Hoveden Simeon Dunelmensis and others record their Oath The next year Tosti Earl of Northumberland moved with envy against his Brother Harold in the Kings own presence at Winsore took Harold by the hair as he was drinking wine to the King and violently struck the Cup out of his hand using him most dishonourably all the Kings Houshold admiring at it Upon which Harold provoked to revenge taking Tosti between his arms and lifting him up on high threw and dashed him violently against the pavement At which sight the Souldiers round about ran in on all â—ides and parting the began fray perforce between these Brothers and stout Warriers severed them one from the other But the King upon this predicted that the destruction of these two Brothers was now near at hand and that their deadly feud was not long to be deferred For all the sons of the Traytor Earl Godwin were so ungracious covetous oppressive and so extremely unjust that if they had seen any fair Manner or Mansion place they would procure the owner thereof to be slain in the night withall his posterity and kinred that so they might get possession thereof for themselves Who notwithstanding which their soft and honied speeches although they were but swords did so circumvent the over-credulous simplicity of King Edward that after many enormous wickednesses committed by them he made them Râ—gni Iusticiarios Regni Rectores Dispositores both Justices Rulers and Disposers of the kingdom and likewise Generals and Admirals of his forces both by Land and Sea The many acts of Injustice committed by the sway of power and passion by Earl Godwin and his sons proportionate greatness and the Kings weakness did much blacken that bright time of Peace and made a good man not by acting but induring ill held to be a bad King Tosti after this contest and quarrel with his brother Harold departing in a rage from the Kings Court and comming to the City of Hereford where his Brother Harold had provided a great intertainment for the King slew and cut all his Servants in pieces and put either a legg arm or some other member of their bodies thus mangled into every vessel of wine meade bear and other sorts of liquors he there found wherin they lay steeping stopping up the Vessels again Which done he sent word to the King that when he came to his Farm at Hereford he should find his flesh well powdâ—red and that he would provide him sweetmeats The King being informed of this his barbarous villany and scoff commanded that he should be banished for this detestable wickedness which he abhorred Soon after Tosti departing into Northumberland about the 5. of October divers Gentlemen and others of that Country assembling together came with about 200â— armed men to York where Tosti then resided both to revenge the execrable murder of some Noble Northumberlanders servants to Goâ—patriâ— whom Queen Egitha in the cauâ—e of her brother Tosti had commanded treacherously to be slain on the 4th day of the precedent Christmass and of Gamel the son of Orâ—e and Ulfe son of Delfin whom Tosti the year before had commanded to be treacherously murdered in his chamber at York under pretext of making a Peace with them necnon pro immanitate Tributi quod de tota Northimbria injuste acceperat as also for the excessiveness of the Tribute which he had unjustly received out of all Northumberland without their common consent and grant These chasing the Earl himself out of the Country pro contuitu Ducatus 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 pâ—sse 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 knâ—w to obey if they were sweetly handled But all of them unanimously refused any reconciliation at all with Tosti
sibi interposita fide sua pollicitum fuisse quod si Rex Angliae foret Ius regni in illum Iure Haereditario transferret subdens ait tu quoque si mihi te in hoc ipso adminiculaturum sposponderis et insuper castellum Dofris cum puteâ— aquae ad opus meum te facturum sororemque tuam uni de Principibus meis dederis in uxorem te ad mâ— tâ—mpore quo nobis conveniet destinaturum nec non filiam meam in câ—njugem accepturum promiseris tunc et modo nepotem tuum et cum in Angliam venero regnaturus fratrem tuum incolumem recipies in quo regno si tuo favore confirmatus fuero spondeo quod omne quod à me rationabiliter tibi postulaveris obtinebis Hereupon Harold perceiving danger on every side and not knowing how to escape unless he condescended to Williams will in all things he thereupon consented to his requests But he that all things might be ratified bringing forth the reliques of Saints brought Harold to this That he should swear upon them that he would actually perform all things which they had agreed between them These things thus done Harold receiving his Nephew returned into his Country where he related to the King upon his demand what had happened and what hee had done Who said Did I not tell thee I knew William and that many mischiefs might happen to this kingdom in thy journey I foresee in this thy deed that great calamities will come upon our Nation which I beseech God of his infinite mercy to grant that they may not happen in my dayes Mr. Fox relating this story more briefly concludes thus Whereby it may be â—athered That King Edward was right willing that Duke William should reign after him and also it seemeth not unlike but that he had given him his promise thereunto before The same Hoveden Annalium pars posterior p. 608 609 610. reciting the Laws of King Edward confirmed by King William after he got the Crown records these passages intermixed with them That King Edward retained his Cosen Edwards son Edgar with him and nourished him for his Son and because he thought to make him his Heir he named him Adeling which we call a Little Lord. But King Edward so soon as he knew the wickednesse of his Nation and especially the pride of the Sons of Godwin of Harold who after invaded the Kingdom Estigurt Lefwin and others of his Brothers imagining that what he had purposed concerning Edgar could not possibly be stable Adoptavit Willielmum Ducem Normannorum in regnum adopted William Duke of Normandy to succeed him in the Râ—alm William I say the bastard the son of Robert his Uncle a valiant warlike and stout man Who afteâ—wardâ— by Gods assistance by vanquishing the foresaid Harold son of Godwin victoriously obtained the Reâ—lm oâ— England To which he subjoyns That Edward wanting issue sent Râ—bert Archbishop of Canterbury to his Cosen William Duke of Normandy de Regno eum constituit Haeredem and made him heir of the Kingdom yea after him he sent Earl Harold and He invaded the Realm He further Records That when King William would have altered the Laws of England presented to him upon Oath in the 4th year of his reign but in one point Universi compatriotae qui leges edixerant tristes effecti c. tandem cum prosecuti sunt deprecantes quatenus pro anima Regis Edwardi qui ei post diem suum concesserat Coronam et Regnum et cujus erant Leges that he would not alter the Laws herein whereupon he consented to their request Thomas of Walsingham thus registers the fact Edwardus Rex Anglorum prolis successione carens olim miserat Duci Robertum Archiepiscopum Cantuar. statuens illum haeredem Regni a Deo sibi attributi Sed et Haroldum ipse postmodum destinavit qui fuit maximus Comitum regni sui in honore dominatione et divitiis ut ei de Corona sua fidelitatem faceret ac Christiano more Sacramentis confirmaret Qui dum ob hoc negotii venire contenderet velificato freto Porti Pontnium appulit ubi in manus Widonis Abbatis villae S. Abvile Comitis incidit quem idem Comes captum cum suis conâ—estim in custodiam trusit Quod ut Dux comperit missis Legatis violenter illum extorsit quem aliquandiu secum moratâ— 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 servareâ— Sed ille hoc non solum audire contempsit veruâ— omnem ab illo Anglorum gentem infideliter avertit c. Chronicon Iohannis Bromton Col. 945. relates That King Edward purposed to make Edgar whom he had nourished as his Son heir of England Sed ut quidam aiunt Rex gentis suae mâ—litiam et praecipuè superbiam Haroldi filii Godwini â—t aliorum divina demonstratione praevidens percepit quod proposiâ—um suum quoad ipsum Edgarum cognatum suum de regno post eum obtinendo minime potuit adimplere unde Willielmo cognato suo Normannorum Duci Regnum post eum optinendum per solennes nuncios assignavit And Col. 957. he adds Some say that King Edward before his death had appointed William to succeed him according tâ— the promise which the said King had made him when he was a young man living in Normandy that he should succeed him in the Kingdom concerning which as some write he had sent solemn Messengers to him into Normandy The like is affirmed almost in the saâ—e words by Henry de Knyghton de Eventibus Angliae l. 1. c 15. col 2238. and by Fabian Câ—xton Cambden Holinshed Grafton Speed Daniel Stow Vestegan and other modern Historians Matthew Paris in the beginning of his History of England p. 1. relates Harolds driving into Pountoisâ— by storm as he was taking his pleasure at Sea his presenting to Duke William his espousals to his daughter under age which he ratified by Oath taken upon the reliques of Saints adding Iuravit insuper se post mâ—â—tem Regis Edwardi qui jam senuit sine liberis Regnum Angliae Duci qui in Regnum jus habuit fideliter conservaturum Consummatis igitur aliquot diebus cum summa laeâ—itia amplis muneribus ditatus in Angliam reversus est Haroldus Sed cum in tuto constitueretur jactabat se laqueos evasisse Hostiles Perjurii crimen eligendo And Anno 1257. Writing of the Lay Peers of France whereof the Duke of Normandy is first he hath this passage Rex Angliae Dux est de jure Normanniae sanguinis derivatione geneali Rex ex
in the world who publickly imbraced professed countenanced propagated the faith and Gospel of Iesus Christ and abolished Pagan Idolatry in their Dominions And of later times as our English Realm brought forth King Henry the 8th the first Christian King in the world who by Acts of Parliament abolished the Popes usurped power and jurisdiction out of his Dominions King Edward the sixth his son the first Christian King and Queen Elizabeth the first Christian Queen we read of in the world who totally abolished suppressed Popery banished it their kingdoms and established the publike Profession of the Protestant Religion by publike Statutes made in their Parliaments So during the reigns of our Saxon Kings after they turned Christians this Realm of England procreated more devout holy pious just and righteous Kings eminent for their piety justice excellent Ecclesiastical and Civil Laws transcendent bounty to the Church Clergy and Martyrdom for the defence of Religion and their Country against Pagan Invaders than any one Kingdom throughout the World There being no less then 15 or 16 of our Saxon Kings and 13 Queens within 200 years space who out of piety devotion and contempt of the world according to the piety of that age out of date in this voluntarily renounced their earthly Crowns and Kingdomâ— and became professed Monks Nuns to obtain an incorruptible Crown and Kingdom in Heaven 12 Kings crowned with Martyrdom being slain by Pagan invaders 10 of them being canonized for transcendent Saints and enrolled for such in all Martyrologies Liturgies of the Church which I doubt few of our new Republican Saints will be Yea the piety of our Kings in that age was generally so surpassing Ut mirum tunc fuerat Regem non Sanctum videre as John Capgrave informs us Whence Wernerus a forein Chronologer in his Fasciculus temporum records Plures se invenisse sanctos Reges in Anglia quam in alia mundi Provincia quanâ—umcunque populosa And Abbot Ailred long before him gives this memorable testimony of the Sanctity Martyrdom Iustice and study of the peoples publike we al before the private shining forth in our Saxon Kings more than in any other kings throughout the world Verum prae cunctis civitatibus Regnisve terrarum de sanctitate Regum suorum Anglia gloriatur quorum alii coronati martyrio de terreno ad caeleste Regnum migraverunt alii exilium patriae praeferentes mori pro Christo peregre deligerunt nonnulli posito diademate disciplicinis se monasticis subdederunt quidam in justitia et sanctitate regnantes prodesse subditis quam praeesse maluerunt whose footsteps with the pretending self-denying antimonarchical domineâ—ring Saints over us would now imitate inter quos istud Sydus eximium gloriosus Rex Edwardus emicuit quem cernimus in divitiis egenum in deliciis sobrium in purpura humilem sub corona aurea seculi contemptorem So as the Prophesies of Psal. 72 2 6. Isay. 42 4 10 12. c. 49.1 23. c. 51 5. c. 60 9 10 11. c. 66.19 seem to be principally intended and verified of our Kings Isle above alâ—others in the world No wonder then that these ages of theirs afford us notwithstanding all the wars tumults combustions therein sundry memorable Presidents of great Parliamentary Councils Synods Civil and Ecclesiastical excelleut Laws aud Canons made in royal Charters confirmed by them with divers memorable Mouuments both of our Parliamentary Councils Kings Princes Nobles Peoples constant care diligence prudence fortitude in defending preserving vindicating and perpetuating to posterity the good old Laws Liberties Franchises Rights Customs Government publike justice and Propriety of the Nation to suppress abolish all ill Law tyrannical unjust Proceedings Oppressions Exactions Imposts Grievances Taxes repugnant thereunto to advance Religion Piety Learning the free course of Iustice and the peoples welfare Which I have here in a Chronological method for the most part faithfully collected out of our antientest best Historians and Antiquaries of all sorts where they ly confused scattered and many of them being almost quite buried in oblivion and so far forgotten that they were never so much as once remembred or inâ—isted on either in our late Parliaments aud Great Courts of Iustice in any late publike Arguments or Debates touching the violation or preservation of the fundamental Laws Liberties Properties Rights Franchises of the Nation now almost quite forgotten and trampled under foot after all our late contests for their defence I have throughout these Collections strictly confined my self to the very words and expressions of those Historians I cite coupling their relations together where they accord in one citing them severally where they vary and could not aptly be conjoyned transcribing their most pertinent passages in the language they penned them omitted by our vulgar English Chronologers and annexing some brief observations to them for Explanation or Information where there is occasion The whole undertaking I here humbly submit to the favourable acceptation and censure of every judicious Reader who if upon his perusal thereof shall esteem it worthy of such an Encomium as William Thorne a Monk of Canterbury hath by way of Prologue praefixed to his own Chronicle Valens labor laude dignus per quem ignota noscuntur occulta ad noticiam patescunt praeterita in lucem praesentia in experientiam futura temporibus non omittantur quia labilis est humana memoria necesse constat scriptis inseri memoranda ne humanae fragilitatis contingens oblivio fieret posteris inopinata confusio It will somewhat incourage me to proceed from these remote obscure times to ages next ensuing in the like or some other Chronological method But if any out of disaffection to the work or diversity from me in opinion shall deem these Collections useless or superfluous I hope they will give me leave to make the selfsame Apology for my self and them as our most judidious Historian William of Malmesbury long since made for himself and his Historical collections Et quidem erunt multi fortassis in diversis Regionibus Anglâ—ae qui quaedam aliter ac ego dixi se dicant audisse vel legisse Veruntamen si recto aguntur judicio non ideo me censorio expungent stilo Ego enim veram Legem secutus Historiae nihil unquam posui nisi quod à sidelibus relatoribus vel scriptoribus addidici Porro quoquo modo haec se habeant privatim ipse mihi sub ope Christi gratulor quod continuam Anglorum Historiam ordinaveram vel solus vel primus at least wise in this kind Si quis igitur post me scribendi de talibus munus attentaverit mihi debeat collectionis gratiam sibi habeat electionis materiam Quod superest munus meum dignanter suscipite ut gaudeam grato â—ognitoris arbitrio qui non erravi eligendi judicio Thus craving the Benefit of thy Prayers for Gods Blesâ—sing on these my
publications for the common liberty weale and Benefit of the Nation I commend both them and thee to Gods tuition and benediction WILLIAM PRYNNE Lincolns Inne December 6. 1656. A Seasonable Legal and Historical Vindication of the good old Fundamental Liberties Rights and Laws of England Chapter 3. Section 4. Comprehending a brief Collection of all the most observable Parliamentary Councils Synods Conventions Publique Contests Debates Wars Historical Proceedings Passages Records relating to the fundamental Liberties Franchises Rights Customs and Government of the People under our English Saxon Kings from the year of our Lord 600 till the death of King Edmund Ironside and reign of Cnute the Danish King Anno Dom. 1017. with some brief Observations on and from the same IN the former Section I have presented you with a general brief Account of our first English Saxon Christian Kings limited Power and Prerogative being obliged to govern their English-Saxon Subjects not arbitrarily but justly according to their known Laws and totally disabled to alter repeal any old or enact any new Laws to impose any publique Taxes Tallages Imposts Customs whatsoever on their people upon any real or pretended necessity to mâ—ke any War Peace or to alienate the Lands or ancient Revenues of their Crowns to any pious publique or private uses whatsoever without the common consent of their Nobles and Wisemen in general Parliamentary Councils together with a Summary of the Laws of Ethelbert the first Christian Saxon King wholly pretermitting the Names Acts Kingdoms of our first Pagan Saxon Usurpers rather than lawfull Kings who though many and great in their generations were veâ—y speedily brought to nothing their Kingdoms begun erected by blood conquest and meer power of the Sword standing not long unshaken by civil wars among themselves each King envying his equals greatness and seeking to inlarge his own Dominions upon the next In which Combustions few or none of them came to the Grave in due time but were either slain in war or treacherously murdered in Peace or expelled their Realms by or forced to resign their Crowns to others after all their former prosperous successes and reigns wholly spent in Wars Troubles Seditions Rebellions Rapines affording nothing worthy memory for their peoples good the Kingdoms settlement or imitation of Posterity Whence Henry Huntindon in the close of the 2 Book of his Histories p. 320 hath this Observation concerning them very seasonable for our present times Vide igitur Lector perpende quanta Nomina quam cito ad nihilum devenerint Attende quaeso stude cum nihil hic duâ—et ut adjuiras tibi regnum substantiam illam quae non deficiet Nomen illud honorem qui non pertransibit monimentum illud claritatem quae nullis saeculis veterascet Hoc praemeditare summae prudentiae est acquirere summae caliditatis adipisci summae faelicitaâ—is I shall now in this Section proceed in my intended Chonological Method to their next succeeding Christian Saxon Kings reigns in England till the reign of King Cnute the Dane Anno Domini 1017. It is recorded of Aethelbert the first Christian Saxon King of Kent that keeping the Feaâ—t of our Saviours Nativity at Canterbury with his Queen Ead bald his Son Arch-Bishop Augustine and the Nobles of the Land he there held a Parliamâ—ntary Council with them on the 5. of Ianuary in the year of our Lord 605. Which Thomas Sprot thus expresseth in the Language of his age rather than of that Convocato ibidem communi Concilio tam Cleri quam Populi die quinto â—anuarii he did then and there Omnium singulorum approbatione consensu as he relates or cum consensu Venerabâ—lis Archie â—iscopi Augustini Ac Principum meorum cum Aedbaldi filii mei aliorumque Nobilium optimatum meorum Consilio as his Charters reciâ—e give grant and confirm to the Church of St. Peter and Paul in Canterbury for ever sundry Lands pretious Utensils Privileges and Immunities by his Charters made and ratified in this Council In which it is most probable he likewise made those Iudicial Decrees and Laws with the advice of his Wise men for the beneâ—it of his people in his own Country Saxon Language Which our venerable Beda William of Malmesbury Huntandon Bromton and others mention only in the general and Bishop Enulph hath registred to posterity in his famous manuscript intituled Textus Rosfensis of which I have given you some account before Section 3. p. 50 51 52. on which you may reflect In the year of Christ 627 Paulinus perswading Edwin King of Northumberland to bâ—come a Christian to avod eternal torments and to be made a partaker of the Kongdom of Heaven The King answered That he was both willing and â—ught to receive the faith which he taught but he ought first to confer with his Friends Princes and Counsellors concerning it thâ—â— so if they concurred in juâ—gement with â—im â—â—ey might all be bapâ—ized together Assembling therefore his Wisemen and advising with them he â—emanded severally of them all What that Doctrine which they never heard of till then and that new worship of God which was preached by Paulinus seemed to tâ—em To whom Coyfi the chief of the Priests presently answered Do thou consider O King what that Religion is which is now preached to us I profess unto thee that which I have most certainly learned that the Religion we have hitherto imbraced hath no virtue at all in it whereupon it remains that if those new things which are now preached unto us shall appear to thee upon examination to be better and stronger than our Religion let us hasten to embrace them without any delay To whose wise perswasions and words Another of the Kings Nobles giving his Assent spake something concerning the brevity and incertainty of this life and of their ignorance and incertainty of that life which is to come concluding That if this new Doctrine brought any thing to them more certain than that they formerly imbraced it ought to be deservedly followed The rest of the Elders and Kings Counsellors prosecuting the like things by Divine admonition Coyfi added that he desired to hear Paulinus preaching concerning God more diligently than before which when he had done by the Kings command he cryed out having heard his preaching I heretofore understood that what we worshipped was nothing because by how much the more diligently I sought the truth in that worship the less I found it But now I openly professe that in this preaching the truth shines forth which is able to give unto us the gifts of eternal life salvation and happiness Whereupon O King I advise thee that the Temples and Altars we have consecrated without any fruit or benefit we should now presenâ—ly execrate and burn Upon â—his without more debate the King openly gave his assent to the preaching of Paulinus renouncing Idolatry confessed â—hat he did imbrace the faith of
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 Kentâ— thâ—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 hâ—s antecessors under whom Iustice and Liberty was kept towards them About the year of our Lord 678. Wilfrid Archbishop of â—ork â—eing in a Council unjustly depriâ—ed of his Bishoprick by Theodor Archbishop of Canâ—erbury who envied the greatness of his Wealth Power and Diocess which he would and did againâ—â— Wilfrids will in that Council divide iâ—to â— more Bishopricks was after that time exiled the Realm through the malice of Egfrid king of Nortâ—umberland and Emburga his Queen whom he would have perswadâ—d â—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 maâ—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 sâ—ntence he returning from Rome to king Egfrid to whom he delivered it sealed with the Popes Seal the king upon â—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 daysâ— 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 wiâ—h his Bishops pronounced Wilfrid free from all Crime and ordered him to return to his Aâ—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 spâ—â—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 praeâ—erâ—im cum eorum roâ—ori accedat Regis nostri Iussio â— nostrae necessit atis sponsio c. Puer in Regem levatâ—s hostis abactus Tyrannus extinctus est igitur Regiae voluntatis ut Episcopus Wilfridus revestiatur Upon which he was accorâ—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 â—or one miles circuit round about none should be arrested going or coming buâ— injoy inviolable peace Quod inâ—titutum authoritate privilegiis Romanae sediâ— 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 ecclesiâ— seperabitur as Richaâ—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 â—o the Abbey of Evesham which Pope Constantine likewise ratified by his subscription at Rome as well as â—hese kings in the presence of many Archbishops Bishops Princes and Nobles of divers Provinces who commended and approved their Charters and Liberality In pursâ—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 tâ—e favour and assent of the Clergy and the people and consecraâ—ed with their Benediction Whereupon king Kenred and Offa after their return from Rome assembled a General Council in a place called Alne
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 maâ—ch she grew so ambitious â—â—soleâ—t and Tyrannical that she becamâ— odâ—ous not only to all the Prelates Nobles and Courtiers but to the people lâ—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 vitâ— aut Regno privaret she would either deprive of Life or banish them the Realm and if she â—ould not obtain this from the King against them she accustomed to destroy them privâ—ly witâ— poison At last An. 802. She preparing poiâ—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 accusatioâ—s the King casually drinking of â—he Poison contrary to her intention as well as his Favourite they were both therewith suddenly poisoned and dâ—stroyed Wherewith this wicked woman being tetrified sled with all her invaluable Treasures bâ—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 oâ— all theiâ— succeeding Queens That none of them should have eiâ—â—â—r Title Majesty or place of Royalty or Queen No◠〈◊〉 West-Saxones Reginam vel juxta Regem 〈◊〉 â—â—ginae appellatione insigniri patiuntur 〈…〉 Eadburgâ—e quae virum sâ—um Brithicum vâ—neno perdidit juxta Regem â—edens omnes Regni Nobiles accusare solebat quos accusare non poâ—uit potu eos venenifero necare consueâ—it Itaque pro Reginae maleficio omnes conjuraverunt quod nunquam se regnare permitterent qui in praedictis culpabilis inveniretur as William oâ— Malmâ—sbury Asserius Menevensis Matthew Westminster Florentius Wigorniensis and others out of them relâ—te There was a Parliamentary Synod or Council held at Celiohiâ—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 Priâ—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 reâ—â—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 wâ—iâ—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 â—he year of our Lord 822. there was a Parliamentary Council assembled at Clovesho wherein Beornulph King of Mercians sate President at which Wuâ—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 aâ— these words import Utilitatem necessitatem Ecclesiarum Monasterialisque vitae Regulam et observantiam stabilitatem quoque Regni pertractanteâ— In this Parliamentary Council the Proceedings in 3 precedent Councils touching the Complainâ—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 diâ—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 Apoâ—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 â—hat relinquishing all his goods hâ— should speedily depart out of England without hopes of returning any more neither by the command of our Lord the Pope neither by the iâ—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 Leogeneâ—ham and moreover would give to the said King one hundred and â—weâ—ty pounds in money This reconciliation the said Wulâ—red refusing long contradicted and when the â—riâ—nds of the man of God and Nobles of the King who loved him very much perceived the rapacity and
her the lesse for it since her weakness was unable to resist the Kings power and vowed by Gods assistance speedily to avenge himself her of the King for this indignity Whereupon being a Noble and very potent man of great Parentage he called all his kinsmen and the chief Nobles of his Familie to him with all speed and acquainted them with this dishonour done to him by the king saying he would by all means be avenged thereof and by their Counsel and Consent they went all together to York to the king who when he saw Bruern called him courteously to him But he guarded with his kinred and friends presently defying the King resigned up to him his Homage Fealty Lands and what ever he held of him saying that he would never hold any thing of him hereafter as of his Lord And so without more words or greater stay instantly departed and taking leave of his friends went speedily into Denmark and complained to Codrinus king thereof of the Indignity done by King Osbrith to him and his Lady imploring his aid and assistance speedily to revenge it he being extracted out of his Royal blood The king and Danes hereupon being exceeding glad that they had this inducâ—ng cause to invade England presently gathered together a great Army to revenge this Injury done to Bruern being of his Blood appointing his two Brothers Inguar and Hubba most valiant Souldiers to be their Generals who providing Ships and other Necessaries transported an innumerable Army into England and landed them in the Nothern parts This being the true Cause why the Danes at this time invaded England in this manner In the mean time the Parents Kindred and Friends of Bruern expelled and rejected King Osbrith for this â—njury done to him and his Lady râ—fusing to hold their Lands of or to obey him any longer as their Soveraign and advanced one Ella to be King though none of the Royal bloud Our other Historians who mention not this fact of Osbrith and occasion of these Danes arival to revenge it write that the Danes upon their Landing marched to the City of York wasting all the Country before them with fire and Sword unto Tinmouth At that time they write by the Devils instinct there was a very great discord raised between the Northumberlanders Sicut â—emper populo qui odium incurrerit evenire solet For the Northumberlanders at that time had expelled their lawfull King Osbrith out of the Realm and advanced one Ella a Tyrant not of the Royal bloud to the Regal Soveraignty of the Kingdomâ— By reason of which division the Danes taking York ran up and down the Country filling all places with bloud and Grief wasting and burning all the Churches and Monasteries far and near leaving nothing standing but the Walls and ruines of thom pillaging depopulating and laying waste the whole Country In which great necessity and distress the Northumberlanders reconciling their two Kings Osbrith and Ella one to another gathered a great Army together against the Danes which their two Kings and â—ight Earls marched with to York where 〈…〉 long fight with various success both the said Kings with most of the Northumberlanders were all slain â— Aâ—ril 11. Anno 867. The City of York consumed with fire and the whole Kingdom made tributarie to the Danes Simeon Dunelmensis relates that both these kings had violently sacrilegiously taken away certain Lands from S. Cuthberts Church in Durham for Osbrit had by a sacrilegious attempt taken away Wircewood and Tillemouth and Ella Billingham Heclif and Wigeclif Creca from S. Cuthbert tandem cum maximâ parte suorum ambo praefati Reges occubuerunt Injurias quas Ecclesiae sancti Cuthberti aliquando irrogaverant vitâ privati regno persolverunt Which the Author of the History of St. Cuthbert observes and records more largely as a punishment of their sacrilegious Rapine The Danes hereupon made Egbert king of Northumberland as a Tributary and Viceroy under them Sic Northumbria bellico jure obtenta barbarorum dominium multo post tempore pro conscientiâ libertatis Ingemuit writes Malmesbury de Gestis Regum Angliae l. 2. c. 3. p. 42. These rebellious Northumberlanders about 7 years after uno conspirantes consilio expelled Egbert the Realm by unanimous consent together with Archbishop Wilfer making one Richius King in his Place the Danes both then and long after possessing and wasting their Country and slaughtering them with fire and sword as the Marginal Historians record more than any other parts of the Iland by a just divine punishment for their manifold Treasons Seditions Factions Rebellions against and Murders of their Soveraigns In the year 868. a great Army of these victorious plundering Danes marched out of the Kingdome of Northumberland to Nottingham which they took and there wintered Whereupon Beorred or Brâ—thred King of Mercians omnesque ejusdem gentis Optimates and all the Nobles of that Nation assembled together Where the King Consilium habuit cum suis Comitibus comilitonibus omni populo â—iâ—i subjecto Qualiter inimicos bellicâ virtute exuperaretâ— sive de Regno expelleret held a Council with his Earls and fellow Souldiers and all the people subject to him how he might vanquish these Enemies with military power or drive them out of the Realm By whose advice he sent Messengers to Ethelâ—ed King of the West-Saxons and to his Brother Elfrid humbly requesting them that they would assist and joyn with him against the Danish Army which they easily condescening to gathered a very great Army together out of all parts and joyning all together with Beorred and his forces marched to Nottingham unanimously with a a resolution to give the Danes battel who sheltering themselves under the works of the Castle and Town refused to fight with them whereupon they besieged them in the Town but being unable to break the Walls they concluded a Peace at last with the Danes upon condition that they should relinquish the Town and march back again inâ—o Northumberland which they did where their Army continued the whole year following in about York debacchaâ—s insaniens occidens perdens perolurimos viros muliâ—res Abbot Ingulphus records that during the siege of Nottingham King Beorred as he stiles him at the request of Earl Algar the younger who was veâ—y gracious with him and the other Kingsâ— causâ suae nobilis militiae granted a Charter of Confirmation not only of all the Lands Advowsons Possessions which this Earl with other particular persons and Kings had given to the Abby of Croyland but likewise of all their former Privileges confirming all their Ilands Marishes Churches Chapels Mannors Mansions Cottages Woods Lands Meadows therein specified to God and Saint Guthlac for ever Libera Soluta emancipata ab omni onere â—erreno servitio seculari in Eleemâ—synam aeternam perpetuo possidendam Which Charter hath â—â—is memorable exordium expressing the motives
him with ten thousand men he marched to Hegelsdun and surrounded it that none might escape thence Whereupon King Edmund flying to the Church and casting down his temporal Armes humbly prayed the Father Son and Holy Ghost to give him constancy in his passion Then the Danish Souldiers seising on him brought him from the Church before Hinguar by whose command he was tyed to a tree hard by cruelly whipped a long time then shot through with Darts wherewith his Body was stuck full after which being taken from the tree his Head was cut off from his Body with a bloody sword by the Barbarous Executioner appointed for that purpose and so he died a most glorious Martyr for his Kingdom Country Subjects and Religion to whose memory a famous Monastery was after built Of which William of Malmesbury de Gestis Regum l. 2. c. 13. p. 89. gives this Relation Quibus Artibus Edmundus ita sibi omnis Britanniae de vinxit incolas ut beatum se in primis astruat qui Coenobium illius vel nummo vel valenti illustraret Ipsi quoque Reges aliorum Domini servos se illius gloriantuâ— coronam ei regiam misâ—itant magno si uti volunt redimentes commercio Exactores vectigalium qui alibi Bacchantur fas nefasque juxta metientes ibi supplices cira 〈…〉 sancti 〈◊〉 â—â—ondiâ— litigationes sistunt experti multorum paenam qui perseverandum putarunt which I wiâ—h our Tax-Exactors and Exciâ—ers wouâ—d now remember Whiles the Danes were thus wasting the Kingdoms of Northumberland and the East-Saxons with Fier and Sword and martyring King Edmund Beorred king of Mercians was buâ—â—ed in warring against the Britains who infested the Western parts of his Realm But hearing the Danes had invaded the Eastern part of his Kingdom he came to London and gathering a great Army â—ogether marching wiâ—h iâ— through the Eastern quarters of his Realm he applyed the whole Isle of Ely to his Exchequor taking into his hands all the lands formerly bâ—longing to the Monastery oâ— Medehamsted lying between Stamford Huntindon and Wisebeck assigning the Lands more remote lying scattered through the Country to his Souldiersâ— The like he did with the Lands of the Monastery of St. Pega of Rikirk retaining certain of thâ—m to himself and giving some of them to his Souldiers And the like did he with the Lands of all other Monasteries destroyed totally by the Danes whose Lands by Law eschâ—ated to the Crown and those Lords whose predeceâ—â—ors foundeâ— and endowed â—hem by the slaughter and chasing away of all the Monks Nuns burning of the Monasteries whose Lands thereupon were reâ—umed and confiâ—cated to the Kings Exchequer Et cum caetera Monasteria per Danorum feâ—ocitatem funditus destructa Regali fisco fuerant ascripta denuo et assumpta omnibus Monachis eoruâ— necatis perditis seu penitus fugatis as Ingulphus informs us of the Reaâ—on yet many of the Monks of Croyland escaping the Danes fury and returning soon after thither again electing a new Abbot and repairing their Monastery by degrees as well as that exigency would permit thereupon they enjoyed the sight of the whole Abby and the Isle of Croylanâ— with the self same Liberties and Privileges they had from the bâ—ginning dischardged from all secular services during all the time of this their desolation the Danish wars till the time of its restoration after that till Ingulphus time as he records Nothwithstanding because many of the Monks were slain and the Abby burnt down demolished by the Danes King â—eorred thereupon seised some of their lands into his own hands gave other of their Lands more remote from the Abby to his stipendiary Soldiers And although venerable Abbot Godric took very much paines frequently demanding restitution of them both from King Beorred his Souldiers and very ofâ—en shewed the Charters of the Donors the confirmations of foâ—mer Kings together with his own proper Charter to this Kings yet he received always nothing but empty words from him them whereupon he at last utterly despaired of their restitution Perceiving therefore the overmuch malice of the times et Militiam Regis Terrarum cupidissimam and the Kings Militia and Soldiers most covetous of Lands he resolved with himself in conclusion to passe by these Royal Donations Surdo Temporeâ— in a deaf time being over-glad rejoycing that the Kings grace had granted the whole Island lying round about the Monastery unto it free and discharged from all Regal exactions much more specially to him then at that time which had not happened to many othâ—r Monasteries There departed therefore at that time from the Monastery of Croyland these possessions which never returned to this present day The Mannor of Spalding given to Earl Adelwuâ—fe with all its appurtinances The Mannor of Deeping given to Langâ—er a Knight or Souldier and the Kings Baker with all its appurtenances The Mannor of Croxton given to Fernod a Knight or Souldier the Kings Ensign-bearer with all its appurtenances The Mannors of Kerketon and Kimerby in Lindesy with all their appurtenances given to Earl Turgot but Bukenhale and Halington then appropriated to the Exchequer were afterwards restored to the said Monastery by the Industry of Turketulus Abbot of Croyland and the gift of most pious King Edred the Restorer of themâ— with 12 other Mannors named by Ingulf belonging to Croyland quas Rex Beorredus Fisco suo aâ—sumserat Which King Beorred had then assumed in his Exchequor After which K. Beorred passing with his Army into Lindesey Latissimas Terras Monâ—sterio Bardney totally ruined by the Danes Dudum Pertinentes â—isco suo accepit remotas vero in diversis patriâ—s divisas â—acentes Militibus suis dedit But mark the issue At last the Danes returning into Mercia Anno 874. wasting and spoiling all the Country with fire and sword and destroying all Churches and Monasteries King Beorred when he beheld all the Land of England in every corner thereof wasted with the slaughters and rapines of these Barbarians vel de victoriâ desperans vel â—ot laborum Labyrinthum fastidiens either despairing of victory or loathing the labyrinth of so many troubles left the Kingdom and went to Rome where he died few days after and was there buried in the English School and his Wife following after him died in her way to Rome Some write he was driven out of his kingdom by the Danes Hereupon the Danes Anno 874. substituted in his place in the Realm of Mercia one Ceolwulfus a servant of King Beorreds an Englishman by Nation sed Barbarus impietate but a Barbarian in impiety For he swore fealty and gave pledges to the Danes Quod tributa imposita eis â—idelitèr persolveret that he would faithfully pay unto them the Tributes they imposed and that whensoever they would redemand the Kingdom committed to him He would resign it without any Resistance under pain of losing his
Head Whereupon he as Ingulphus records going round about the Land paucos Rusticos relictos excoriavit Mercatores absorbuit Viduas Orphanos oppressit religiosos omnes tanquam conscios thesaurorum innumeris tormentis afflixit plucked oâ—f the Skins of the few Countrymen that were left swallowed up the Merchants oppressed the Widows and Orphans and afflicted all Religious Persons as conscious of hidâ—en Treasures with innumerable torments whence amongst very many evils he did Impoposing a Tribute of a thousand pounds uâ—on Godric the venerable Abbot of Croyland and his miserable Freers he almost undid the Monastery of Croyland For no man after that by reason of the overmuch Poverty of the place would come to conversion Yea Abbot Godric being unable to sustain his professed Monks dispersed many of the Monks amongst their Parents and other Friends of the Monastery through all the Country very few remaining with him in the Monastery â—nd protracting their life in greatest want Then all the Chalices of the said Monastery except 3. anâ— all the silver Vessels besides the Crucible of King Withlasius and other Jewels very precious being changed into Mony or sold for Mony were scarce able to satisfie the unsatiable covetousness of Ceolwulfe the Vice-roy who at last by his Lords the Danes most just in this after all his Rapines and Oppressions of the People by unjust Taxes and imposts was deposed and stripped naked of all his ill-gotten Treasure even to his very Privities and so ended his life most miserably And the Kingdom also of the Mercians at this very time King Alfred prevailing against the Danes was united to the Kingdom oâ— the West-Saxons and remained so united ever after when it had continued a Kingdom from the first year of Penda the first King thereof to the last times of this miserable Viceroy Ceolwulph about 230 years Of which Kingdom William of Malmesbury thus concludes Ita Principatus Merciorum qui per tumidam gentilis viri insaniam subitó efsloruit tunc per miseram semiviri ignaviam omninó emarcuit Anno Dom. 875. though Speed post-dates its period in the year 886. Whence it is observable that unjust Rapines Taxes Oppressions speedily suddenly destroy both Kings and Kingdoms The next year following Anno 876. Halden king of the Danes seising upon the seditions kingdom of Northumberland sibi eam suisque Ministris distrâ—buit illamque ab exercitu suo coli fecit auobus Annis totally dispossessing the seditious murtherous Northumberlanders thereof who but a little before had expelled both their King and Archbishop out of their Realm This Halden and his Souldiers miserably wasted and destroyed the Churches of God in those parts for which the wrath of God suddenly fâ—ll upon Halden who was not only struck with madnesse of mind but with such a most loathsome disease in his body which much tormented him that the intollerable stink tâ—ereof made him so odious loathsome to â—is whole Army that being contemned and cast out by them all he fled away from Tine only with three Ships and soon after perished with all his Plundering Sacrilegious Followers The Danes elected Guthred king in his stead possessing this seditions Realm of Northumberland till diâ—posseâ—â—ed of it by king Edmund An. 944. who then annexed it to his kingdom Our Noble Saxon King Alfred the first anointed king of England as glorious for his most excellent Laws transcendent Justice and civil Government as for his Martial Exploits Victories and for his incomparable Piety and extraordinary bounty to the Clergy and Learned men comming to the Crown Anno Dom. 87â— in the years 873 874 and sundry years following by common consent of his Wise men commanded long Ships and Gallies to be built throughout the Realm and furnished with Mariners to guard the Seas and eucounter the Danish Ships and Pirates which then infested and wasted the Realm from time to time whose forces he often encountred as well by Sea as by Land with various success At last having obtained the Monarchy of all England and received their Homages and Oaths of Fealty to him he appointed special Guardians to guard the Seas and Sea-costs in all places Whereby he very much freed the Land from the Danes devastâ—tions Abouâ— the year 887. even in the midst of his wars when Laws use to be silent he compiled a body of Ecclesiastical and Canon Laws out of the sacred Scriptures and tâ—e Laws which his pious predecessors Ina Ofâ—a and Ethelbert had religiously made and observed antiquating some of them retaining reforming others of them and adding some new Laws of his own by the advice and counsel of his wisemen of the most prudent of his Subjects the observation of which Laws was enjoyned by the consent of them all Wherein certain fines and penalties were prescribed for most particular offences which might not be alâ—ered or exceâ—ded Amongst other Laws as Andrew Horn and others record this King and his Wisemen ordained That a Parliament twice every year and oftner in time of Peace should be called together at London that therein they might make Laws and Ordinances to keep the People of God from sin that they might live in peacâ— and receive right and Iustice by certain customs and Holy Iudgements and not be ruled in an arbitrary manner but by stable known Laws And it was then agreedâ— that the King should have the Soveraignty of all the Land unto the midst of the Sea invironing the Land as belonging of Right to the Soveraign Jurisdiction of the Crown This King by appointing Hundreds and Tithings throughout the Realm with Constables and Tithing men who were to take sureties or pledges for the good behaviour of all within their Jurisdictions or else the hundred to answer all offences injuries therein committed both to the party and king caused such a general peace throughout the Realm and such security from Robbers and plunderers even in those times of war That he would hang up golden bracelets in the High-ways and none durst touch them and a Girâ— might have travelled safely laden with Gold from one end of the Realm to the other without any violence Matthew Westminster and Florence of Worcester record That he spent a great part of his time in Compoâ—â—tione leâ—um Quibus Milvorum Rapacitatem Reprimeretur â—â—mplex 〈…〉 And amongst many other mâ—morable acts of his Juâ—â—ice as he frequently examined the Iudgements and Proceedings of his Iudges and Iustices severely checking them when they gave any illegal Iudgement against Law and Right meerly out of Ignorance of which they were to purge themselves by Oath that they could judge no better so he severely punished them when they thus offended out of Corruption Partiality and Malice Andrew Horâ— in his Mirrour of Iustices records That he hanged up no less than 44 of his Iudges and Iustices in one year as Murtherers and Capital Offenders princicipally for their false Iudgements in condemning
and executing sundry of his people against Law without any lawfull tryal by their Peeres or Uerdict and Iudgement by a sworn Iury or upon in sufficient evidence or for Crimes not Capital by the Laws The names of these Iudges with their several offences you may read at large in Horn. Had those pretended Judges of a neâ— edition who of late arraigned condemned executed the King Nobles Gentlemen and Freemen of England in strange new arbitrary Courts of high Iustice without any legal Indictment and Tryal by a sworn Jury of their peers and many of them for offences not Capital by any known Lawes or Statutes of the Realm and upon very slender evidence lived in this Iust Kings reign they might justly fear he would have hanged them all up as Murtherers and Capital Malefactors as well as these 44 Judges not altogether so peccant in this kind as they this form of tryal by sworn Juries of their Peers then in use being since confirmed by the Great Charters of King Iohn and King Henry the 3 some hundreds of subsâ—quent Statutes and the Peâ—iâ—ion of Right not known in Alfreds days I find in the Prâ—face to King Alfreds Laws of which Laws Abbot Ethelred gives this â—rue encomium Leges Christianissimas scripsit promulgavit in quibus fides ejus et devotio in deum solliciâ—udo in subditoâ— misericordia in pauperes Iusticia ciâ—ca omâ—es cunctis legentibus pateâ— this observable passage That the Apostles elders assembled in a Synod at Jerusalem Acts 15. in their Epistle to the Churches of the Gentiles to abstain from things offered unto Idols added this Summary of all Laws And what ye would not to be done to your selves that doe ye not to others from which one precept it sufficiently appeareth unicuique ex aequo jus esse reddendum that right or Law is of Iustice to be rendred to every one neither will there be need of any other Law or Law-book whatsoever iâ— he who sits Iudge upon others shall only remember this that he would not himself should pronounce any other sentence against others than what he would should be pasâ—ed against himself in their Case But when the Gospel was propagated many Nations and amongst them the English embraced the faith of Gods word there were then held some Assemblies and Councils of Bishops and other most illustrious Wise men throughout the World and likewise in Eâ—gland and these being throughly instructed by Gods mercy dâ—d now first of all Impose a pecuniary Mulct upon Offenders and without any Divine Offence delegated the Office of exacting it to Magistrates leave being first granted Only on a Traitor and Deserâ—er of his Lord or King they decreed that this Milder punishment by pecuniary Mulcts was not to be inâ—licted because they thought just that such a man was not at all to be spared both because God would have Contemners of him unworthy of all mercy and likewise because Christ did not at all compassionate them who put him to death but appointed the King to be honoured above all others These therefore in many Councils singulorum scelerum paenas constituerunâ— ordained the punishments of every kind of offences and commitâ—â—â— them to writing From whence it is apparent First That all capital coporal and pecuniary Mulcts and penalties for any civil or Ecclesiastical offences whatsoever inflicted on the Subjects of this Realm in that and all former ages since they embraced the Gospel were only such as were particularly defined and prescribed by their Parliamentary Councils and the Laws therein enacted and not left arbitrary to the King Judges or Magistrates as it appears by â—he forecited passages of Beda Malmesbury Huntindon and Bromton concerning King Ethelberts Laws part 2. p. 50. by the Laws of King Ina Lex 2 3 4 6 7 9 10 11 12 13 14 15 21 22 25 26 27 30 31 32 34 35 36 37 38 39 40 41 46 47 48 49 54 57 58 64 73 75 76 80. more specially by the Laws of King Alfred himself Lex 1 2 3 4 5 6 7 8 9 12 13 14 15 17 20 21 24 25 26 27 28 29 30â— 31 32 33 34 35 38 39 40 41 42 44 45 46 48 51. with the Laws of our other Saxon kings prescribing parâ—icular fines pecuniary corporal and capital punishments for all sorts of offences and injuries to avoid all arbitrary proceedings and censures in such Cases 2ly That no imprisonment Corporal Capital or pecuniary Mulcts or punishments whatsoever justly might or legally ought to be then inflicted upon any Malefactors or Trespassers whatsoever but when where and for such offences only as the known Parliamentary and common Laws then in force particularly warranted and prescribed which penalties and Laws could not be altered nor abrogated but by Parliamentary Councils only 3ly That Common right and Justice were then to be equally dispensed to all men by our Kings Judges and other Magistâ—ates according to the Laws then established in such sort as they would have them administred to themselves in the like Caâ—es 4ly That â—ilfull Traitors and Deserters of their lawfull Lords Soveraigns were not to be spared or pardoned by â—he Laws of God or Men nor yet punished only with fines but put to death without Mercy Wâ—eâ—ce â—his Law was then enacted by king Alfred and his Wisemen Lex 4. Si â—uis vel â—er â—e veâ— suscepâ—am vel suspectam â—eâ—sonam De morte Regis tractet vitae suae reus sit et omnium quae habebit and â—f any fought or drew any weapon in the Kings house and was apprehended sit in arbitrio Regis sit vita sit mors sicuâ— ei condonare voluerit Lex 8. because it might endanger the kings person This king Alfred made two special Laws for securing even Leets and Inferiour Courts of Iustice from armed violence and distuâ—bances by fighting which I shall recite Lex 41. Si quis coram Aldermanno Regis pugnet In publico emendet Weram Witam sicut rectum sit supra hoc CXX â— ad Witam Lex 42. Si quis Folemot id est populi placitum Armorum exercitione turbabit emendet Aldermanno CXX s. Witae id est foris factuâ—ae What Fines and punishments then do they deserve who not only fight before and disturb Aldermen and Leets with their Armes but even disturb fight and use their Armes against our Aldermen themselves yea all the Aldermen Peersâ— and Great men of the Realm assembled in the highest greatest Parliamentary Councils and over-awe impriâ—on secure seclude and forcibly dissolve them at their pleasures as some of late times have done beyond all former Presidents During the reign of this Noble king Alfred Gythro the Dane sometimes stiled Godrin or Guthurn Anno 878. with an invincible Army running over all the Coaâ—â—s of England waâ—â—ing the Country and depopulating all sacâ—ed places wheresoeâ—er he came quicquid in auro et argento rapere potest Militibâ—s
erogavit and â—eâ—â—â—ng upon loca quaeque mâ—nita â—orâ—ed â—ing Alfred being so disâ—ressâ—d â—hat he knew not what to do nor wâ—ither to turn himself to râ—tire and save himselâ— in the Isle Aethelingie for a seaâ—on â—ill recollecting his scattered Subjâ—cts and Forces together he vanquished Giâ—hro and his Army in a set battel at Etâ—endâ—â—e and then besieging him and his remaining forces â—5 dayes in a Castle to which they sled comâ—elled thâ—m by Famine and the Sword to make peace with â—im upon this Condition ut Regni et Regis infestationem perpetuo abjurarent That they should perpâ—tually abjure the infesting of the King and Realm and thâ—t they should â—uâ—n Christians which they accordingly performed Githro with 30 of the choicest men in his Aâ—my being baptized at Alve 15 days after king Alfred being their Godfather and giving him the name of Aethelstane After which Alfred feasting him anâ— his Captains 12 days in his Court gave Githro Eastengland to inhabit wherein king Edmund reigned to be held of and under him Whereupon Githro and his Danes An. 879. leaving Cirencenster marched into the East parts of England which he divided amongst his Souldiers who then began to inhabit it by Alfreds donation Uâ—on this accord or some time aâ—ter King Alfre and Gythro by the Common consent of their Great Councils and wise men made and enacted certain civil and Ecclesiastical Laws for the government of their People and Realms recorded in Bromton Lambert â— and Spelman where those who please may pernse them the Prologue and 2 first Laws whereof I shall only recite as both pertinent to my purpose and seasonable for our times much opposing the Magistrates coercive power in matters relating to God and Religion Hâ—c est consiliâ—m quod Alredâ—s Rex et Godrinus Rex eligerunt et condixerunt quando Angli eâ— Daâ— ad pacem et concordiam plenè convenerunt eâ— Sapientes et qui â—osteà successerunt saepiùs Hoc eâ—â— assi â—â—è renovantes in bonum semper adduxerunt Cap. 1. Inpâ—imis est ut unum Deum diligere velint et omni Paganismo sedulo renunciare et instituerunt secularem Iustitiam pro eo quod sciebant quod non poterant multos aliâ—èr castigare plures veâ—ò Nolebant ad Dei cultum sicut deberent aliâ—è◠Inclinariâ— et secularem emendationem instituerunt communem Christo et Regi ubicunque Recusabitur Lex Dei justè servari secundum dictionem Episâ—opi Et hoc est primum edictum Ecclesiae Pax intra parietes suos ut Regis Handgriâ—h semper inconvulsa permaneat Cap. 2. Siquis Christanitatem suam malè mutat vel Paganismum veneretur verbis vel operibus reddat sic Weram sic Witam sic Lashlyte secundum quod factum sit that is Let him be fined and ransomed according to the quality of his offâ—nce This Noble King Alfred who fought no lesse than 46 bloody Battels with the Danes by Land and Sea for his Countries Liberties Although he was involved in perpetual Wars and Troubles wiâ—h the Danish Invaders all his daies as our Hiâ—â—orians and this his Epitaph Demonstrates Nobilitas innata tibi probitatis Honorem Armipotens Alurede dedit Probitasque laborem Perpetuumque Labor nomen cui mixta dolori Gandia semper erant spes semper mixta timori Si modò victus erat ad crastina bella parabat Si modò victor erat ad crastina bella pavebat Cui vestes sudore jugi cui sica cruore Tincta jugi quantum sit onus regnare probarunt Non fuit immensi quisquam per climata mundi Cui tot in adversis vel respirare liceret Nec tamen aut ferro contritus ponere Ferrum Aut Gladio potuit vitae finisse Labores Iam post transactos Regni vitaeque Labores Christus ei sit vera quies sceptrumque perenne Yet these things are remarkable in him 1. That he most exactly and justly governed his people by and according to his and his Predecessors knâ—wn Laws in the midst of all â—is Wars not by the harsh Laws of Conquest and the largest Sword 2. That he advanced Learning and all sorts of Learned Men erecting Schools of Learning and the famous University of Oxford which he founded or at least refounded when decayed in the heat of all his Wars and Troubles 3. That he was so far from spoyling the Church and Churchmen or any other his Subjects of their Lanâ—s Tithes or Revenues to maintain his perpetual Wars against the impious Pagan Danes who destroyed all Churches and Religious as well as other Houses where ever they came that he not only repared adorned endowed many old deâ—ayed Churches and Monasteries but likewise in the year â—88 he built two new Monasteries of his own at Ethelingei and Shafftesbury and endowed them with ample riches and possessions and by sundry Charters gave several Lands to the Churches of Durham Worcester and Canterbury Moreover he not only duly paid Tithes and other Duties to the Church himself but also by his Laws enjoyned all his Subjects under sundry mulcts justly to pay Tithes and Churchels to their Priests and Ministers with all other Duites and Oblations belonging to the Church for the maintenance of the Ministers and Gods worship together with Peterpence for the maintenance of the English School at Rome prohibiting all men to invade the Churches Rights and Possessions under severe penalties 4. That he equally divided all his annual Revenues into two equal parts The first moity was for Pious uses which he subdivided into three parts The first parcel he bestowed in Almes â—o relieve the poor both at home and in forein parts The second he bestowed on Religious Houses and Persons The third he gave towards the maintenance of Schools Scholars Doctors and learned Men of all sorts resorting to and liberally rewarded by him according to their merits The other moity was for civil uses which he likewise divided into 3 equal portions The first he gave unto his Souldiers whom he divided into 3 Squadrons The first Squadron which were Horse waited one month on him at his Court as his Life-guard whiles the other two were imployed in military expeditious in the Field And when their month expired they all returned from the wars and then another new Company succeeded them And when their Month was ended they returning to their Houses the other Company succeeded them And so they successively kept their monthly courses during all his Reign being one month in actual service and two months at home about their own affairs The second part he gave to his Workmen and Artificers of all sorts skilfull in all Worldly affairs The third part he gave to Strangers in Royal Gifts and Presents and that as well to the Rich as Poor Besides he had a very great Care Ne à Vicecomitibus et Ministris pauperes opprimereâ—tur et indebitis exactionibos gravarentur That the poor people should not be oppressed by Sheriffs
a cruel death who gave him this ill advice and to pacifie his Brothers â—host and his own Conscience built two new Monasteries at Middleton and Michelresse and there was scarce any old Monastery in England which he adorned not either with buildings or Ornaments or Books or Landâ— to expâ—ate this his bloody crime In this king Aethelstans reign In the year 927. There were fiery Beams and Meteors seen throughout all the Northern parts of England soon after which Athelstan resolved utterly to extirpate the perfidious Nation of the Danes and treacherous Scots which had violated their Agreement made with his Father whereupon he marched with a great Army by Land and Navy by Sea into Northumberland and Scotland wasted and harrowed the Country without resistance forced Guithfrith King of Northumberland out of his kingdom uniting it to his own Realm vanquished and overcame Howel king of Wales Constantine king of Scots Anlafe the Dane and others in a set battel drove them out of their Realms and forced them to submit to him Who upon their submission knowing the chance of war to be variable and pitying the Cases of these down-cast Princes restor'd them presently to their former estates with this Princely Speech That it was more honour to make a King than to be a King yet these petty Kings Princes rebelling afterwards siding with Anlafe against him were all rouâ—ed by Athelstanâ— King Constantine of Scotland with five more of these Kings 12 Dukes and most of their Army slain in one battel principally by the valor of Turketulus and the Londoners An. 837 Whereupon the petty Kings of Wales contracted to pay him a yearly tribute of 20 pound weight of Gold and 300 of Silver and 25000 head of Cattel with a certain number of Hawks and Hounds which no King of England ever exacted or received from them before William of Malmesâ—ury who exceeds in his praises writes that it was truly reported of him amongst the English Quod nemo Legalius vel literatius rempublicam administraverit That no king governed the Commoâ—weâ—lâ—h more legally or learnedly than he being as Ingulphus records guided and directed by Turketulus his Chancellour a man of great integrity honesty and piety of profâ—und judgement whose decrees upon debate were irrefragâ—ble This king Athelstan for the better administration of Jusâ—ice enacted sundry excellent civil and ecclesiasâ—ical Laws recorded in Bromt. Lamb. Spelm. The first of these his Laws were made and enacted in the famous â—ounâ—il of Grately about the year 928 in which the king himself Wulfehelm Archbishop of Canteâ—bury and the rest of the Bishops and all the Nobles and Wisemen which King Ethelstan could assemble were present who all ordained and confirmed these Laws in this great Council as the last Chapter 〈◊〉 inâ—orms us in â—hese words Totum hoc institutum est et confirmatum In magno Synodo apud Grateleyam cui Archiepiâ—copâ—◠〈…〉 et omnes Optimates et Sapientes quos Adelstanus Rex potuit Congregare Or Cumâ—â— Optimates et Sapientes ab Aetheâ—â—tano evocaâ—â— frequentissimi as another Copy renders itâ— which proves that all the Members of this Council were summoned to it by this kings writ and not elected by the peoples sufâ—rages And although the Archbishops Bishops and other Clergy men were the chief advisers of the Ecclesiastical Lâ—ws made in this Council as this Prologue to them attests Ego Aethelstanus Rex ex prudenti â—lâ—â—elmae Archiepiscopi aliorumque Episcoporum et Servorum Dei consilio mando yet they were all enacted and confirmed by all the Nobles and Wisemen in the Council as the premises evidence In this Council the king commandedâ— by his Laws all his Officers that they should demand and exact from his Subjects such things and duties only as they might justly and lawfully receive adding this memorable reason for it Nunquam enim erit populo bene consultum nec digne Deo conserâ—abitur ubi Lucrum impium et magis falsum diligitur Ideo â—eâ—ent omnes amici Dei quoâ— miquum en enervare quod â—ustum est elevare non paâ—i ut propâ—er falsum et pecuniae quaestum se forisfaciant homines erâ—â—â—ere â—apientem Deum cui displicet omnis injustitia Which I wish all our unrighteous covetous â—â—x-maâ—â—ers Excisers and Exacters would now seriously consider Afâ—er which it follows Chrisâ—ianis autem omnibus necesâ—arium est ut rectum diligant ut iniqua condemnent et saltem sacris Ordinibus erecti justum semper erigant et prava deponant Hinc debent Episcopi cum saeculi Judicibus interesse Judiciis ne permittant si possint ut illinc aliqua pravitatum germina pullulaverint And to avoid all arbitrary proceedings oppressions and Injustice in all things this Council by positive Laws ascertains all fines amerciaments imprisonments and corporal punishments for criminal offences from which the Iudges might not vary And withall defines what Armes every man should â—ind in those times of war against the Danes and other Enemies by his positive Law Lex 21. Sax. 16. Omnis homo habebit duos homines cum bonis equis de omni Carucâ King Ethelstane after this Council at Grately what years is not expressed assembled several other Parliamentary Councils at Exeter Fevresham and Thunderfeld wherein he and his Wisemen by common consent confirmed the Laws made at Grately altering some of them in certain particulars and adding some new Laws unto them as you may read at large in Bromâ—on and as the first Chapâ—er and this Prologue to those Laws assure us ` Haec sunt Judicia quae Sapientes Exonâ—ae consilio Adelstani Regis instituerunt iterum 〈◊〉 Fevresham â— et tertia vice apud Thundresfeldiam ubi hoc definitum simul et confiâ—matum est et hoc imprimis est ut observentur omâ—ia Judicia quae apud Gratelâ—yam imposita fuerint praeter mercatum Civitatis et Diei Dominicae The Cause of making these new Laws and confirming the old was a Complaint to the King in the Council at Exeter that the Peace and Laws made at Grateley were not so well kept as they should be and that Theâ—ves and Malefactors abounded as this Prologue manifests Ego Adelstanus Rex notifico vobis sicut dictum est Michi quod pax nostra pejus observata est quam Michi placet vel apud Grateleyam fuerit institutum Et Sapientes Michi dicunt quod hocdiutius pertuli quà m debueram Nunc inveni cum illis Sapientibus qui apud Exoniam fuerint mecum in sancto Natali Domini quod parati sunt omnino quando velim cum seipsis uxoribus pecunia omni re suâ ire quo tunc voluero nisi malefactores requiescant eo tenore quo nunquam deinceps in patriam istam redeant c. In the Council of Fevresham in Kent the King by some of his Wise-Counsellors sent thither to it propounded some things for the weal
confidimus quod pax nostra melior erit quam antea fuit As these passages demonstrate the proceedings of the Parliamenrary Councils in that Age unknown to most for which end I have transcribed them at large so they clearly prove that Theeves or Felons much lesse other English Freemen could not be imprisoned killed put to death fined or ransommed but by special Acts and Laws made in General Parliamentary Councils nor any Laws made enacted or altered in such Coâ—ncils but by the Kings Royal Assent thereto who then frequently summoned thâ—m and all the Members of them by writ and nomination without the Peoples Election Henry de Knyghton de Eventibus Angliae l. 1. c. 5. anâ— some other fabulous Authors relate that in the eighth year of King Aethelstans reign Olaus King of Denmark Golanus King of Norwey and the Duke of Normandy with 8 Dukes and 5 hundred thousand Souldiers arived in England bringing with them out of Africa A Giant called Colybrand the strongest and most famous at that time throughout the World Whereupon King Aethelstan hearing of their comming Congregavit Magnates assembled his Noblemen at Winchester to advice with them how they might resist the Enemies and fight with them in Battel Thaâ— whiles king Aethelstan vacaret tali Coneilio et congregatione poâ—uli sui in Wintonia the foresaid kings came upon him with their Army and besieged him Cum Baronia sua with his Batons in that City for two years space Neither durst the English fight with them by reason of their multitude and Power In the mean time they made this Agreement that king Aethelstan should find out one Champion to fight a single Duel with Colybrand that in all future times the Realm of England should be held of the King of Denmark under a Tribute and if Colybrand were conquered by Aethelstans Champion rhen Olaus should forfeit and disclaim the Realm of England for him and his Heirs for ever and no King of Denmark should afterwards lay claim to the Realm of England nor yet molest it That the king in near one whole years space could not find out a Champion to encounter Colybrand whereupon he and his Nobles were very much troubled At lasâ— God by an Angel from Heaven directed the King to find out Guy of Warwick comming thither as a Pilgrim who undertook to encounter Colybrand and after a sharp battel with him in the view of both kings and their Armies cut off one of his hands and after that his head By which Victory the whole Land of England enjoyed the unviolated privilege of rest and Liberty from the Danish king untill Cnute king of Denmark gained the Realm of England from Edmund Ironside But this Relation being contrary to the truth of History and the Stream of all our Historiographers I shall repute it meerly fabulous though I could not well omit it for that Relation it hath to this my Theame anâ— precedent Propositions William of Malmesbury and others out of him record that Elfrid a Noble man who opposed Aethelstans Title to the Crown though in vain intended to have seized on him at Winchester and put out his eyes but his Treason being discovered before it came to the Accomplishment he was taken and sent to Rome to purge himself by Oath where before the Altar of St. Peter and Pope Iohn the 10 th he abjured the fact and thereupon fell suddainly down dead to the Earth and being carried from before the Altar by his Servants to the English School he there died within three daies after Upon this the Poâ—e â—ent to â—he king to advise what he should do with him and â—hether he should allow him burial with other Christiaâ— Câ—rps The king hereupon assembling a Council of his Nobles to advise about it Optimates Regionis â— the Nobles of the Realm with a great Company of Elfrids kindred earnestly requested of the King with great humility that his body might be committed to Christian Burial The King consenting to their Request acquainted the Pope therewith who granted him Christian Burial though unworthy Hereupon the Nobles adjudged all his Lands and Possessions great and small to the King who by their consent granted and confirmed them all to the Abby of Malmesbury by his Charter wherin he recites Sciant Sapientes regionis Nostrae non has praefatas terras me injustè Rapuisse Rapinamque Deo Dedicasse sed sic eas accepi Quemadmodum judicaverunt omnes Optimates Regni Anglorum Insuper et Apostolicus Papa Romanae Ecclesiae Johannes After which reciting the Treachery perjury and death of Elfred with his Condescention to his Nobles and friends request aforesaid he concludes thus Et sic Adjudicata est mihi tota possessio ejus in magnis et modicis Sed et haec Apicibus praenotamus literarum ne quamdin Christianitas regnat aboleatur unde mihi praefata possessio quam Deo et Sancto Peiro dedi donatur nec Justius novi quam Deo et sancto Peiro hanc possessionem dare qâ—i aemulum meum in conspectu omnium cadere fecerunt et mihi prosperitatem Regni largiti sunt To which Malmesbury subjoyns In his Verbis Regis sapientiam et pietatem ejus in Dei rebus suspicere par est Sapientiam eo quod animadverterat juvenis presertim non esse Dei Gratiosum de Rapinâ Holocaustum Pietatem eo quod Munus ultione divinâ— collatum Deo potissimum non ingratus rependeret From whence I shall only observe that Elsrid being a Pâ—er of the Realm dying perjured as aâ—oresaid was adâ—udged to forfeiâ— all his Lands for Treason after his death only by his Peers in a Parliamentary Council and that iâ— the king had seized on them without their judgâ—ment it had been an unjust Rapine by his own Confession but being legally confiscated to him by their Judgement it was no Rapine but Iustice for him to seizeâ— and Piety to dispose of them at his pleasure to this Church What Churches and Monasteries he built and repaired throughout the Realm What Lands he restored to St. Augustines Church at Canterbury on the day of his Coronation by the Assent of his Bishops and Nobles though long detained from it and how he gave the Lands of Folcastan in Kent eâ—cheated by the Danes destruction of the Nunnery there to Christ-church in Canterbury you may read in the Marginal Authors William of Malmesbury informs us that Baldwin Earl of Flanders sent Embasâ—adour by Hugh King of France to King Ethelstan to demand his Sister for his Wife brought over with him divers rich presents and Reliques Amongst others the Sword of Constantine the Great the Lance of Charls the Great and one of the 4 Nails that pierced our Saviours body set in plates of Gold A piece of our Saviours Cross inclosed in a Christal Case c. all which he presented to the King and Lady cum in Conventu Procerum apud Abindonium proci postulata
his Predecessors and defrauded the Kingdom of them They adde hereunto that King Edrid had committed all his chief Houshold-stuff Plate Records and tâ—e Treasures of all the Realm with all the Magazines he had gotten to Dunstans custody and laid â—hem up in â—he Monastery at Glastonbury yea he committed his Kingdom body and Soul unto him So as all was wholly in Dunstans power who alone managed all the publick affairs of the Realm and exercised Regal Authority And when King Edred in his sicknesse demanded all his Housholdstuff Jewels Monies and Treasures from him Dunstan pretending to fetch them before he returned with them Dustan heard a voice as our Monkish Writers fable that Edred was dead in the Lord and thereupon detained them in his and his Monks custody being unwilling to part with them to young King Edwin his Successor whereupon he seised on them by force as of righâ— belonging to him and expelled Dunstan with his Monks And so much the rather because Dunstan presumed most impudently and violently to rush into his Bed-chamber and pull him out forcibly thence on the very day of his Coronation contrary to all Christian and Princely â—odesty from the embraces of his beautifull and beloved Alfgina which some Monks and these Historians report to be his lawfull wife â—not his Concubine and not content therewith he excited Odo Archbishop of Canterbury publickly to divorce her from him some say for consanguinity only and others for other Reasons Whereupon the king betaking himself to his Concubines Odo suspended him from the Church excommunicated all his Concubines caused one of them whom the king best affected to be violently fetched out of the Court with armed Men branded her in the forehead with an hot Iron and then banished her into Ireland After which she returning into England Odo apprehended her the second time and cut off her Sinews at the Hock-bone All which intollerable Affronts so incensed Edwin that he banished and spoyled Dunstan with his Monks as aforesaid and threatned Odo with severe punishments none others in the Realm but these daring then to oppose him hereupon they formerly and then bearing the greatest sway by way of revenge and to preveut Edwins further fury against them stirred up the Mercians and Northumbrians to reject him and that in a tumultuous manner by force of Arme in which Uproar Edgar gained possession of half his Kingdom Matthew Parker and Sir Henry Spelman out of him subjoyns that by these civil dissentions raised between King Edwin and his Brother Edgar they much weakned the forces of the Realm in many set Battels fought between them till at last Edgar getting the better Convocato ad Branfordiam Regni concilio Fratris Edwini acta et decreta rescendit Assemblong a Council at Brandford he repealed all the Acts and Decrees of his Brother King Edwin restored to the Churches and Monasteries the Treasures he had taken from them recalled Dunstan from his former banishment and made him first Bishop of Worcester then of London and last of all of Canterbury Henry de Knyghton a Canon of the Abbey of Leicester relates out of the History of Leicester Abbey That Edwin being expulsed and shamefully thrust out of his kingdom for his evil life and exorbitant actions done against the Church the Monarchy of England continued void above a year Whereupon many murders and wickednesses were committed and infinite mischiefs happened amonst the people for want of Government until holy men both of the Clergy and People deeply affected therewith humbled themselves and uncessantly repented of their sins and prayed day and night to God that he would hear them and mercifully relieve them in so great necessity giving them such a King who might govern the Realm of England in such sort as might redound to the honour of God and profit of the Realm That God beholding their prayers from on high in the night silence this voice was heard from God That they should crown Edgar King though but then a youth who rejoyced with this Divine Oracle most likely by the Monks and Dunstans Legerdemain the Divine Oracle that uttered it speedily advanced Edgar to be King being but 16 years old and so he was elected and crowned King by a divine Oracle which never hapned to any King of England in former times Upon Edgars Coronation and Dunstans restitution An. 959. K. Edwin reigning in a decayed Estate living in little Esteem and wiâ—hout being desired for very grieâ— thereof as some write he died after he had for 4 years space Libidinosiè simul Tyrannicè lustfully and also Tyrannically depressed the Realm of England Others aâ—firm that he was deprived both of his Life and Kingdom by the Rebellion of his Subjects But his Monkish Oâ—posiâ—es record that he was taken away by an untimely Death by Gods Iust Iudgement in the year of our Lord 959. Whereupon his Brother Edgar ab omni populo electus being elected king by all the people united the kingdom into one and obtained the intire Monarchy of the Realm the kings of Cumberland Scotland and Wales â— voluntarily submitting and doing homage to him without any effusion of blood or war King Edgar About the year of our Lord 963. contrived the death of Earl Ethelwald who as some Authors aver against his trust had cheated him of Elfrida only Daughter of Ordgarus Duke of Devonshire the Paragon of her Sex by disparaging her beauty to the king and marrying her to himself After which the king being extraordinarily ravished with the true reporr and sight of her transcendent beauty thereupon as Bromtons Chronicle relates statim post octo dies Rex Parliamentum suum apud Sarisberiam convocavit Ubi cunctis suis Proceribus congregatis de custodia terrae Northumbriae qualiter contra ingressum Danorum melius posset custodiri tractaverunt inter quos Ethelwolfus ad Custodiam Eboraci patriae adjacentis in illo erat Concilio deputatus A clear Evidence That Matters of defence against Common Enemies and Guardians of the Sea-coasts against the Danes Invasions were then debated and setled by the King and his Nobles in Parl. then usually summoned by our Kings for that end Hereupon Earl Ethelwolfe travelling through the Forrest of Werewell towards his new VVardship was there cruelly assaulâ—ed and murdered by some unknown armed perâ—ons there placed in ambuscado by the king as was commonly reported and as some relate by king Edgar himself who shot him through with an Arrow as they were there hunting together The slain Earls Bastard-Son being â—here present beholding his dead Corps the king demanded of him how such a hunting pleased him who answered very well my Lord and King for that which pleaseâ—h you ought not to displease me which answer â—o pacified this kings swelling mind that he loved no person more entirely all his life than this Young man Tyrannici facti offensam in Patrem sedulitate Regiâ in filium allevans writes
moribus ad Nos spectat examen si vivunt continenter si honeste se habent ad eos qui foris sunt sâ— in divinis officiis solliciti si in Docendo populo assidui si victu sobrii si moderati habitu si in judiciis sunt discreti c. Ego Constantini vos Petri gladium habetis in manibus jungamus dextras gladium gladio copuâ—emus ut ejiciantur â—extra castra leprosi ut purgetur sanctuarium Domini et ministrent in Templo filii Levi c. After which directing his speech to Dunstan Aethelwald and Oswald he concludes thusâ— Voâ—iâ—istud committo negotium ut Episcopali censura et authoritate Regia â—urpiter viventes de Ecclesiis ejiciantur ordinatè viventes introducantur Herupon there was a Decree made in this General Council That all Canons Priests Deacons and Sub-Deacons should live chastly that is put away their lawfull Wives vow chastity and become Monks or relinquish the Churches they then held The execution whereof was committed to Oswald and Ethelwald Who thereupon compelled the Clergy in Worcester Winchester and other Churcheâ— to become Monks renuentes verò ab omni beneficio spoliarunt depriving those who refused of all their Benefices and putting Monks into them qui novo quidem splendore vniversam Insulam illustrarunt as our Monkish Writers record or rather novo foetore contaminarunt as others write Iohn Bromton informs us that after the slaughter of the Nuns of Ely by Inguar and Hubba the secular Priests enjoyed that Monastery one hundred years space whom King Edgar de Concilio beati Dunstani Archiepiscopi dicti Eâ—heâ—waldi ac mâ—gnatum Regni in the forementioned General Council expulit fugavit for their dishonest conversation Bishop Oswald having ejected the married secular Priests out of his Church at Worcester and introduced Monks in their places did this year 969. as I conjecture from the premises not 964. as Sir Henry Spelman computes it pâ—ocure King Edgaâ— by the Counsel and assent of his Princes Nobles and Bishops most probably in the forementioned General Council or that of London next ensuing to ratifie this their ejection and confirm the Church of Worcester with all the lands goods ecclesiastical secular things thereto belonging to the Monks of that Church for ever free from all secular serviâ—es and exactions hard or easie and from all siscal duties great and small known or unknown as well of the King or Prince as of their Officers â— exceptis Arcis Pontis extructione et expeditione câ—ntra hoestem And that by the special Charter called Oswald Law subscribed by the King Queen both the Archbishops and 3 Dukes King Edgar Anno 970. or 971. in the 12 year of his reign held another Parliamentary Council at London where himself his Mother Alfgina Prince Edward his Son Kined King of Scots Mascusius his Admiral both the Ahchbishops with the rest of the Bishops and all the Nobles and great men of the Realm were present By his Charters made in and raâ—ified by this Council this King granted and confirmed many and very magnificent Privileges to the Monastery of Glastonbury communi Episcoporum Abbatum Principumque concilio et generali assensu Pontificum Abbatum Optimatumque suorum exempting the Monastery and Monks thereof not only from all Episcopal Iurisdiction but likewise all their Lands from all Tributes and Exchequer businesses for ever Granting them Socam Sacam c. Toll Teâ—meâ— Ita libere et quiete sicut ego habeo in regno meo Eanâ—â—m quoque Libertatem Poâ—estatem quam ego in Curia mea habeo tam in demittendo quam in punienâ—o in quibuslibet omnino negotiis Abbas Monachi praefati Monasterii in Curia sua habeant And which is a Privilege beyond all president Si autem Abbas vel quilibet Monachus loci illius latronem qui ad suspendium vel quodlibet mortis periculum ducitâ—â— in itinere obvium habuerit potestatem habeat eripiendi eum ab imminenâ—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 sixa sunt tamen plerumque tempestatibus turbinibus saecularium rerum Religio sanctae Ecclesiae maculis reproborum dissipatur ac â—uÌ„pitur Iccirco prosutu uÌ„ succedenâ—â—bus posteris esse decrevimus ut ea quae salubri Consilio et communi assensu definiuntur nostris literis roborata â—irmentur c. Hoc iâ—aque Dunstano Doroberniensi atque Oswaldo Eboracensi Episcopo adhortantibus consentiente eâ—iam eâ— annuente Brithelmo Fontanensi Eâ—iscopo câ—terisque Episcopis Abbatibus et Primatibus Ego Edgaâ— divina diâ—poâ—â—â—ione Rex Anglorum c. And it concludes thus Acta est haec Privilegii â—aâ—ina confirmaâ—a apud Londonium Communi Concilio omnium Primatum meorum Then folâ—ow â—he suâ—â—criptions of King Egar Aâ—fgina 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 Iohn 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 muâ—abiliunity 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 Christianitatem attinentium Parochiarum nec Vicecomes nec ulla alia major minorve persona ulla dominatione occupare 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 Penâ—ecost in the 30â—h year of his age was solemnly Crowned and consecrated King â— 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
ten thousand pounds in one year at first and then 16000 24000 30000 40000 or 48000 l. at the utmost for several whole years Tribute without any Excise Imposts or other Customs Which meditation me thinks should now induce them to mitigate release cease our long continued uncessant Taxes Excises Imposts or at least to reduce them to the Danes highest annual proportion of 48000 thousand pounds lest the whole Nation and Posterity repute them more oppressive barbarous tyrannical to their Christian Countrymen now than the worst of the forein Pagan Danish Invaders were heretofore and greater present Enemies to their Native Country than the Danes then were to our Progenitors The self same year there being some difference between King Ethelâ—ed and Richard Marquess of Normandy he thereupon slew and pillaged all the English passing through his Country and affronted King Ethelred with frequent injuries Pope Iohn the 15. hereupon sent Leo his Legate with exhortatory Letters to make peace between them who coming with them to King Ethelred on Christmass day Anno 9â—1 the King uâ—on râ—ceit of the Popes Letters Accersitis cunctis sui Regni fidelibus utriusque ordinis Sapientioribus Assembling all the Wisest men of his Realm of both Orders for the love and fear of Almighty God and St. Peter the Prince of the Apostles granted and estabished a most firm peace with all his Sons aâ—d Daughters present and to come and with all his Lieges without guile In pursuance whereof the King sent Edelfinus Bishop of Sherburn with two other persons of quality into Normandy to the Marquess Who upon receit of the Popes Admonitions and hearing of the kings Decree with a willing mind confirwed the said Peace with his Sons and Daughters present and to come and with all his Subjects upon this reasonable condition That if any of them or they themselves should perpetrate any unjust thing against the other it should be expâ—ated with eondign reparation Which Peace that it might remain perpetually firm was ratified by the Oaths of the Commissioners of both parts at Rhoan in March following Here we have a Peace advised ratified by the direction of a Parliamentary Great Council recorded at large by Malmsbury The last clause whereof was this Et de hominibus Regis vel de inimicis suis nullum Richardus recipiat nec Rex de suis sine Sigillo eorum King Ethelred in the year 992. hearing that the Danes intended a new invasion of England and that they had sent a great Fleet to Sea contrary to their former Agreement the year before assembled a Council of his Nobles to consult how to resist them What the result of their consultation was Florence of Worcester thus record Consilio jussuque Regis Anglorum Etheâ—redi Procerumque suorum de tota Anglia robustrores Londoniae congregatae sunt Naves By the Counsel and command of Ethelbert king of England and of his Nobles all the strongest Ships were assembled together at London out of all England which the king furnishing with choice Souldiers made Duke Alfric Duke Thorold Alstan and Aesâ—win two Bishops Admirals over them commanding them if by any means they could to take the Danish Army and Fleâ—t by inviâ—oning them in some part But Duke Alfric formerly banished forgiven and now made chief Admiral turning Traytor both to his king and Country first sends a secret Messenger to the Danes to acquaint them with the designs against them intreating them to prevent the ambushes prepared to surprize them whereby they escaped the hands of the English After which when the English and Danes were ready to encounter each other in a Sea-fight Alfric fled secretly to the Danish Fleet the night before and by reason of the instant danger fled away shamefully with them The kings Navy pursuing them took and pillaged one of the Danish Ships flaying all the men therein But the London ships meeting with the other Danish Pirates as they were flying fought with them slew many thousands of the Danes and took Duke Alfric his Ship with the Souldiers and Armes himself hardly escaping as Wigorniensis and Matthew Westminster relate But Huntind Bromton write that the Danes recruiting their Navy met and fought with the kings Navy slew many of the Londoners triumphantly took whole armed Ships and Duke Alfric who was in them whom the king should not have trusted according to the antient saying Quem semel gravitèr laeseris non facile tibi fidelem credideris For this Treason of Alfric the king cauâ—ed the Eyes of his Son Algar to be put out Unâ—e odium infamia eâ—us â—rudelitatis adaucta est as Huntiâ—don and others observe The next year 993. the Danish Fleet entring Humber wasted the Country of Northumberland and Lindesey burning the Villages slaying the people and pillaging their goods Whereupon great multitudes of the people of thaâ— Country assembling together resolved and hastned to sight with them but when they were ready to giâ—e â—hem battel Frena Fâ—ithgist and Godwin their Captains being of Danish Progenyâ— proving treacherous to their followers perswaded them to fly and fled first themselves Notwithstanding the Country as Malmesbury Speed and others write being unable to digest their intollerable insolence and plunders fell upon the Danes slew many of them and chased away the rest to defend their Lives Liberties and Estates Anno 994. Swane king of Denmark â— and Anlafe king of Norwey with 94 Ships sailed up to London besieged and â—iercely assaulted the City thinking to take it but the Citizens so manfully defended it that they repulsed the Danes thence with great loss Who thereupon turning their fury upon the Counâ—ies of Essex Kent Sussex and Southampton so greivously wasted them with fire and sword burning the Villaâ—es and slaying the Inhabitants that King Ethelred Concilio Procerum suorum by the Council of his Nobles aâ—â—embled together for that end as Wigorniensis Matthew Westminster Hoveden Simeon Dunelmensis and others write sent Embassadours to them promising to give them Tribute and Wages and Money upon this condition that they should desist from their cruelty Who thereupon condescending to the kings request returned to their Ships and drawing all their Army together unto Southampton wintered there To whom a Tribute of fixteen thousand pounds was given and paid out of all England that they shouâ—d cease from their rapines and slaugâ—ters of innocent persons Afâ—er tâ—is agreement King Anlaf â—epaired to Andover to King Etâ—elred where he received baptiâ—m Ethelred being his Godfather and bestowing great gifts upon him Hereupon Anlaf entred into a League with him promising to return into his own Countrey and never after to râ—turn into England with an Army Which promise he faithfully observed The Articles of the Agreement between King Ethelred and him are at large recorded in the Chronicle of Bromton Col. 899â— 900. being made by advice of all his Wisemen asâ—embled in a Parliamentary Council as this Title to
Duke Leofsi was sent to the Danes â—ho coming to them importuned them that they would accept of a Stipend and Tribute They gladly embracing his Embassy condescended to his request and determined how much Tribute should be paid them for to keep the peace Whereupon â—oon after A Tribute of 24000 pounds was paid them pro bono Pacis for the good of Peace In this Assembly and Council as I conjecture King Ethelred informed his COUNSELLERS who instructed him both in divine and humane things with the sloathfulness negligence and vicious lives of the Secular Priests throughout England and by their advice thought meet to thrust them out and put Monks in their places to pour forth prayers and praises to God for him and his people in a due manner Whereupon he confirmed by his Charter the ejection of the Secular Priests out of Christs-Church in Canterbury and the introduction of Monks in their places and ratified all the lands and privileges formerly granted them exempting the Monastery and Lands thereof from all Secular services except Expeditione Pontium operatione et Arcium reparatione Beseeching and conjuring all his lawfull Successors Kings Bishops Earls and people that they should not be Ecclesiae Christi Praedones sed sitis Patrimonii Christi defensores seduli ut vita et gaudio aeternis cum omnibus Dei sanctis in aeternum fruâ—mini Which Charter was ratified by the Subscriptions of the King Archbishop Bishops Abbots and of several Aeldermen Nobles and Officers and the sign of the Cross. This year Duke Leofsi slaying Esric a Nobleman the Kings chief Provost was judicially banished the Realm by the King for this offence After this Peace made with the Danes Anno 1002. Emma ariving in England received both the Diadem and name of a Queen whereupon King Ethelred puffed up with pride seeing he could not drive out the Danes by force of arms contrived how to murder and destroy them all in one day by Treachery at unawares either by the sword or by fire because they endeavoured to deprive him and his Nobles both of their Lives and the Realm and to subject all England to their own Dominion The occasion time and manner of whose sudden universal Massacre is thus related by Mat. Westminster An. 1012. though acted An. 1002. as all accord and by Mr. Fox and others Huna General of King Ethelreds Militia a valiant warlike man who had taken upon him the managing of the affairs of the Realm under the King observing the insolency of the Danes who now after the peace made with them did so proudly Lord it through all England that they presumed to ravish the wives and daughters of Noblemen and every where to expose them to scorn by strength caused the English husbandmen to soyl and sow their land and doe all vile labor belonging to the House whiles they would sit idely at home holding their wives daughters and servants at their pleasure and when the husbandmen came home they should scarcely have of their own as his servants had So that the Dane had all at his will and fill faring of the best when the owner scarcely had his fill of the worst Thus the common people being of them oppressed were in such fear and dread that not only they were constrained to suffer them in their Doings but also glad to please them and called every one of them in the House where they had rule LORD DANE c. Hereupon Huna goeth to the King much perplexed and makes a lamentable complaint to him concerning these things Upon which the King being not a little moved by the Counsel of the same Huna sent Letters or Commissions unto all the coasts of the Realm commanding all and every of the Nation that on one day after to wit on the Feast of St. Brice the Bishop all the Danes throughout England should be put to death by a secret Massacre that so the whole Nation of the English might all jointly and at one timâ— be freed from the Danish Oppression And so the Danes who by a firm covenant sworn unto by both sides a little before ought to have dwelt peaceably with the English were too opprobriously slain and the women with their children being dashed against the posts of the houses miserably powred out their souls When â—herefore the sentence of this decree was executed at the City of London without mercy many of the Danes fled to a certain Church in the City where all of them were slain without pity standing by the very Altars themselves Moreover that which aggravated the rage of this persecution was the death of Guimild Sister of King Swain slain in this manner in England she was lawfully maried to Count Palingers a Noble man of great power who going into England with her husband they both there received the faith of Christ and Sacrament of baptism this most prudent Virago being the mediatrix of the peace between the English and Danes gave her self with her husband and only son as Hostages to King Ethelred for the security of the peace she being delivered by the King to that most wicked Duke Edric to keep that Traytor within few days after commanded her husband with her son to be slain before her face with four spears and last of all commanded her to be beheaded She underwent death with a magnanimous minde without fear or change of countenance but yet confidently pronounced as she was dying That the shedding of her bloud would bring great detriment to England Henry Huntindon thus relates the story of this Massacre In the year 1002. Emma the Jewel of the Normans came into England and received both the Diadem and name of a Queen with which match King Ethelred being puffed up with pride bringing forth perfidiousness caused all the Danes who were with peace in England to be slain by clandestine Treason on one and the same day to wit on the feast of St. Brice concerning which wickedness we have heard in our infancy some honest old men say that the said King sent secret Letters into every City according to which the English on the same day and hour destroyeâ— all the Danes either cutting off their heads without giving them warning with swords or taking anâ— burning them suddenly â—ogether with fire Vbi fuit videre miseriam dum quisque charissimos hospites quos etiam arctissima necessitudo dulciores effecerat cogeretur prodere et amplexus gladio deturbare writes Malmsbury The News of this bloudy Massacre of the Danes being brought into Denmark to King Swain by some Youths of the Danâ—sh Nation who eâ—caped and fleâ— out of England in a ship moved him to tears Uocatisque cunctis Regni Principibus Wâ—o calling all the Princes of his Realm together and relating the whole series of what was acted to them he diligently enquired of them what they would advise him to do Who all crying out together as with one mouth DECREED That the
bloud of their Neighbours and Friends was to be revenged Where upon Swain a cruel man prone to shed bloud animated to revenge by his Messengers and Letters commanded all the Warriers of his Kingdom and charged all the souldierâ— in â—orein Regions greedy of gain to assist him in this expedition against the English which they cheerfully did he having now a fairer shew to do foully than ever wrong having now made him a right of invasion who had none before Anno 1003. King Swain ariving with a great Navy and Army in England by the negligence and treachery of one Hugh a Norman whom Qâ—een Emma had made Earl of Devonshire took and spoyled the City of Exeter rased the wall thereof to the ground and burnt the City to ashes returning with a great prey to his ships leaving nothing behind them but the ashes After which wasting the Province of Wiltshire a strong Army congregated out of Hamshire and Wiltshire went wiâ—h a resolution manfully and constantly to fight with the Enemy but when both Armies were in view of each other ready to joyn battel Earl Edric their General a constant Traytor to his Country and secret friend to the Danes feigned himself to be very sick and began to vomit so that he could not possibly fight Whâ—re upon the Army seeing his slothfulness and fearfullness departed most sorroâ—full from â—heir Enemies without â—ighting being disheartned by the Cowardise of their Captain Which Swane perceiving he marched to Wilton and Sarisbery which he took pillaged and burnt to the ground returning with the spoil to his Ships in triumph The next year Swane to whom God had designed the kingdom of England as some old Historians write sailing with his Fleet to Norwich pillaged and burnt it to the ground Whereupon Ulfketel Duke of East-England â— man of great valour seeing himself surprized and wanting time to raise an Army to resist the Danes cum Majoribus East-Angliae habito Consilio taking Counâ—el â—ith the Great men of East England made peace with Swane which he treacherouâ—ly breaking within three weeks after suddenly issuing out of his ships surprized pillaged and burnt Thetford to the ground and covering the Câ—untry like Locusts spoyled all things and slaughtered the Country-men without resistance Which Duke Ulfketel being informed of commanded some of his Country-men to break his ships in pieces in his absence from them which they not dared or neglected to do and he in the mean time raising an Army with as much speed as he could boldly marched against the Enemy retuâ—ning with great booties to their Ships where after a long and sharp incounter on both sides the English being over-powered by the multitude of the Danes were totally roâ—ted and all the Nobles of East-England there slain in their Countries defence who fought so valiantly that the Danes confessed they had never an harder or sharper battel in Eâ—gland than this The great loss the Danes sustained in it though they got the â—ield and an extraordinary â—amine in England the year following greater than any in the memory of man caused Swane to return into Denmark to refresh and recruit his Army King Ethelred quit of these Enemies Anno 1006 deprived Wulfgate the Son of Leonne whom he had loved more than all men of his â—ossessions and all his honours propter injusta judicia for his unjust judgements and proud works and likewise commanded the eyes of the two Sons of that Arch-Trait or Edric Streona to be put out at Cocham where he kept his Courâ— because Edric had treacherously inticed a bloody Butcher Godwin Porthound whom he corrupted with great gifts to murder the Noble Duke Althelin at Scoborbyrig as he was hunting whom Edric purpâ—sâ—ly invited to a Feast that he might thus treacherously murder him While these things were acting in the month of Iuly the Danes returning with an innumerable Navy into England landing at Sandwich consumed all things with fire and sword taking great booties sometimes in Sussex sometimes in Kent Whereupon King Ethelred gathered a great Army out of Mercia and the West-parts of England resolving valiantly to fight with the Daâ—es who declining any open fight and returning to their Ships landed sometimes in one place sometimes in another and so pillaging the Country returned with the booty to the Ships before the English Army could encounter them which they vexed all the Autumn in marching after them from place to place to no purpose The English Army returning home when Winâ—et began to approach the Danes with an extraordinary booty sayled to the Isle of Wight where they continued till the Feast of Chriâ—ts Nativity which Feast they turned into sorrow For then they marching into Hampshire and Berkeshire pillaged and burnt down Reading Wallingford Colesey Essington and very many Villages Quocunque enim peragâ—bant quae parata erant hilariter comedentes cum discederent in retribuâ—ionem procurationis reddebant hospiti caedem hospitio flammam as Huntindon Bromton and others story As they were returning another way to their ships with their booty they found the Inhabitants ready to give them battel at Kenet whom the Danes presently fighting with and routing returned wiâ—h triumph to their ships enriched with the new sâ—oils of the routed English King Ethelred lying all this time in Shropshire unable to resist the Danes Anno 1007. cum Consilio Primatum suorum as Florentius Wigorniensis Simeon Dunelmensis Polycâ—ronicon and others express it by the Counsel of his Nobles sent Messengers to the Danes â— commanding them to tell them quod sumptus et Tributum illis dare vellent that they wouâ—d give â—hem Coâ—ts and Tribute upon this Condition That they should desist from rapines and hold a firm peace with them to which request they consentedâ— and from that time Costs were given them and a Tribute paid them of thirty six thousand pounds out of aâ—l England Henry Hunâ—iâ—don Brâ—mton thus relaâ—e the business Rex et Senatus Anglorum dubii quid agerent quid omitterent communi deliberatione gravem conventioneÌ„ cum exercitu fecerunt ad pacis observationeÌ„ 36000 mil. librar ei dederunt A clear evidence that this Agreement and Peace was made and money granted and raised in England by common advice consent in Parliament or Council Inâ—renduit Anglia toâ—a velut arundinem Zephiro vibrante collisum Unde Rex Ethelredus confusione magna consternatus pecunia pacem ad tempus quam armis non potuit adquisivit writes Matthew Westminster Rex Anglorum Ethelredus pro bono pacis Tributum 36 mil. librarum persâ—lvit Dacis as Radulphus de Diceto words it After which the King this year made Edric aforementioned Duke of Mercia and that by the Providence of God to the destruction of the English a man of base parentage but extraordinary crafty eloquent witty and unconstant surpassing all of that age in envy perfidiousness pride cruelty and Treason who
Councils the first at VVoodstock the second at Venetyngum the third at Haba wherein He and his Wisemen made and published many excellent Civil and Ecclesiastical Laws for the Good Government Peace VVelfare and happiness of his People recorded at large in Bromton Lambard and Spelman where you may read them I shall insert only 3 of them at Venetingum VVantige as some take it Cap. 4. Habeantur placita in singulis VVapentakis ut exeant seniores 12 Thayni Praepositus cum eâ—s jurent super sanctuarium quod eis dabitur in manus Quod neminem innocentem velint accusare vel noxium concelare Cap. 23. Aâ— Bilynggesgate si advenisset una navicula unus obolus Thelonii dabatur si major habet siglas 1 d. si adveniat Ceol vel ulcus ibi jaceat 4 d. ad Thelonium dentur De navi plena lignorum unum lignum ad Theloneum detur In ebdomada panum Theloneum detur 3 diebus die Dominica die Martis die Iovis Qui ad Pontem veniat cum Bato ubi piscis inest unus ob dabatur in Theloueum de majori Nave 1. d. Homines de Rothomago qui veniebant cum vino vel craspisce Flandrenses Pontrienses Normannia Francia monstrabant res suas extolneabant Hogge Leodium Nivella qui per terras ibant ostenâ—ionem dabant et Theoloneum Et homines Imperatoris qui veniebant cum navibus suis bonarum legum digni tenebantur sicut nos emere in suas naves Et non licâ—bat eis aliquod Forcheapum facere burhmannis dare Theoloneum suum Et in sancto natali Domini duos Grisingos panâ—os unum Brunum 10 libras Piperis cirotecas 5 hominum et duos cabillinos colennos aceto plâ—nos totidem in Pasca de Dosseris cum Gallinis â—na Gallina Thelon de uno Dosseto cum Ovis 5 Ova Theolon Si veniat ad Mercatum mongestre Sinere qui mangonant in Caseo Butiro 14 diebus ante Natale Domini 1. d. 7 diebus post Natale Domini Unam alium denarium ad Theloneum Cap. 24. Si Portireu vel Tungravia vel alius Praepositus compellat aliquâ—m quod Theolon supertenuerit â—omo respondeatâ— quod nullum Theloneum concelaverit quod juste debuit juret hoc se sexto sit quietus Si appâ—llet quo a Theolonium dederit inveniat cui dedit qu etus â—â—t Sâ—â—unc homâ—nem invenire non posset cui dedit reddat ipsum Theloneum et persolvat 5 l. Regi Si Cacepollum advoceâ— quod â—i Theoloneum dedit ille neget perneget ad dei â—udâ—cium et in nulla alia lada These are the first Lawsâ— to my remembrance wherein there is any mention of Toll Tribute or Custom paid by any Natives or Foreiners for goods or merchandise imported or sold or any forfeitures or penâ—lty imposed for concealing or non-payment thereof which it seems were imposed about this time by common consent in a Parliamentary Council for the better maintenance of the Navy and defence of the Realm against the Danes the end for which I cite them The King having thus in the Great Councils of Aenham and Wantige by consent of his Nobles and Wisemen provided a Navy to be annually set out for the defence of the Realm in pursuance thereof the self-same year as our Historians joyntly attest commanded one ship to be built and furnished out of every 310 Hides or Ploughlands and a Buckler Helmet out of every 9 Ploughlands throughout his Realm The ships being accordingly provided the King victualled and placed chosen Souldiers in them and assembled them all together to the port of Sandwich that they might defend the Coasts of the kingdom from the irruptions of Foreiners An. 1009. Puppes praedictae congregatae sunt apud Sandwic viri optime armati Nec fuit tantus numerus Navium tempore alicujus in Britannia writes Henry Huntindon But yet God â—rusâ—rated and blasted all their designs beyond expectation For about or a little before this time Brithiricus a slippery ambitious proud man brother to perfidious Duke Edric injuriously accused Wulnoth a Noble young man of Southsex to the King whose servant he was who thereupon banished him Wulnoth upon this fled away lest he should be apprehended and having gotten 20 Ships exercised frequent Piracies upon the Sea Coasts The Kings Navy being thereof informed and that any man who would might easily take him Brithtric hereupon to get praise to himself took 80 of the Kings Ships with him and promised to bring Wulnoth alive or dead to the King VVhen he had prosperously sailed a long time in pursute of him a most violent tempest suddenly arising shattered and bruised all the ships driving them one against another and forced them to run ashore upon the dry land with great loss where Wulnoth presently coming upon them fired and burnt them all The rest of the Navy discontented with this sad news returned to London The Army likewise then raised was dispersed Et sic omnis labor Anglorum cassatus est writes Huntindon or as Wigorniensis and others express it Sicque totius populi maximus labor perâ—t to their great grief and disappointment Upoâ— this disaster in the time of Harvest Earl Turkel a Danâ— arived with a great new Fleet of Danes and â—n innumerable Army at Sandwich whom another great Navy of Danes under the command of Hemmingus Erglafâ— Tenetland followed in the Moneth of August These all joyning together marched to Canterbury assaulted made a breach therein and were likely to take it Whereupon the Citizens and Inhabitants of East-Kent were inforced to purchase a firm peace wiâ—h them ar the sum of 3000 pounds which being paid they returning to their ships pillaged the Isle of Wight with the Counties of Sussex and Southampton near the Sea-Coasts burning the Villages and carrying away great booties thence King Ethelred upon this raised and collected a great Army out of all England placing forces in all Counties near the Sea to hinder the Danes landing and plundring Notwithstanding they desisted not but exercised rapines in all places where they could conveniently land At last when they had straggled further off from their Ships than they accustomed and thought to have returned laden with spoils the King with many thousands of Souldiers intercepting their passage resolved to die or to conquer them But perfidious Duke Edric by his treacherous and perplexed orations endeavored to perswade the King and Souldiers not then to give the Enemies battel but to suffer them to escape at that time Suasit persuasit And thus like a Traitor to his Country as he ever had been he then delivered the Danes out of the Englishmens hands and suffered them to depart with their booty without resistance The Danes aâ—ter this taking up their VVinter quarters in the River of Thames maintained themselves with the spoils they
took out of Essex Kent and other places on both sides of the River and oft times assaulting the City of London attempted to take it by assault but were still valiantly repulsed by the Citizens with great loss In Ian. 1010. the Danes â—allying out of their Ships marched through Chiltern Forest to Oxford which they pillaged and burnt wasting the Country on both sides the Thames in their return Being then informed that there was a great Army raised and assembled against them in London ready to give them battel thereupon that part of the Danish Army on thâ— North-side of the Thames passed the River at Stanes and there joyning with those on the South-side marched in one body to their Ships through Surrey laden with spoils refreshing themselves in Kent all the Lent After Easter they went into the East parts of England marching to Ringmere near Ipswich where Duke Ulfketel resided On the first of May they fought a set battel with him where in the heat of the battel the East-English turned their backs on Turketel a Dane beginning the fight but the Cambridgeshire men fighting manfully for their Country and Liberty resisted the Danes a long time but at last being overpowred with multitudes they likewise sleâ— Many Nobles and Officers of the King and an innumerable multitude of people were slain in the fight The Danes gaining the victory and thereby east-East-England turned all Horsemen and running through the Country for three Months space burnt Cambridge Thetford with all the Towns and Villages in those parts slew all the people they met with as well Women and Children as Men tossing their very Infants on the tops of their Pikes wasted pillaged all places killing the Cattel they could not eat and with an infinite rich booty their Footmen returned to their ships But their Horsemen marching to the River of Thames went first into Oxfordshireâ— and from thence into Buckingham Hertford and Bedford Shires burning Villages and killing both Men and beasts and wholly depopulated the Country then they retired laden with very great booties to their ships After this about the Feast of St. Andrew they rambled through Northamptonshire burning and wasting all the Country together with Northampton it self then marching Westward into Wiltshire they burnt pillaged depopulated the Country leaving all those Counties like a desolate Wilderness there being none to resist or encounter them after their great victory at Ringmere The Danes having thus wasted and depopulated East England Essex Middlesex Hertford Buckhingham Oxford Cambridge Shires half Huntindonshire most of Northamptonshire Kent Surrey Sussex Southampton Wiltshire and Barkshire with Fire and Sword King Ethelred et Regni sui Magnates and the Nobles of his Realm thereupon sent Ambaâ—â—adors to the Danes desiring peace from them and promising them Wages and Tribute so as they would desist from depopulating the Realm Which they upon hearing the Embassadors consented to yet not without fraud and dissimulation as the Event proved For although proviâ—ions and expences were plentifully provided for them and Tribute paid them by the English according to their desires yeâ— they desisted not from their rapines but marched in Troops through the Provinces wasting the Villages every where spoiling most of the miserable people of their goods and some of their lives At last not satisfied with rapine and bloodshed between the Feasts oâ— St. Mary and St. Michael they besieged Canterbury contrary to their dear bought peace and by the treachery of Archdeacon Almear took the City which they pillaged and burnt to the ground together with the Churches therein burning some of the Citizens in the fire slaying others of them casting many of them headlong over the Walls dragging the VVomen by the hair about the streets and ravishing and murdering them After which they decimated the Men VVomen Monks and little Children that remained leaving only the tenth of them alive and murdering the rest slaying no less than 900 Religious persons and above 8000 oâ—â—ers in this manner as some of our Historians relate Mr. Lambard in his Perambulation of Kent computeth that ther were massacred 43. thousand and two hundred persons in this Decimation there being only 4 Monks and 4800 Lay-people saved alive The Archbishop Alfege they took prisoner bound in chains buffeted grievously wounded and then carried to their Fleet where they kept him prisoner 7 Moneths At last they propounded to him that if he would enjoy his life and liberty he should pay them 3000 pounds for his ransom which he refusing to do Week after Week prohibiting any others to give them any thing for his ransom they were so inraged with him that bringing him forth publikely to their Council at Greenwich they struck him down to the ground with their battel Axes Stones and the Bones and Heads of Oxen and at last one Thrum whom he had confiâ—med but the day before moved with an impious piety cleft his head with an Axe and so martyred him The Londoners hearing of it purchased his dead corps with a great sum of money and honouâ—ably interred it But above 2000 of these bloody Villains were in short time after destroyed wiâ—h grievous diseases VVhiles these things were acted by the Danes in Kent Anno 1012. perfidious Duke Edric et omnes cujuscunque Ordinis et Dignitatis Primates Congregati and all the Nobles of every Order and Dignity aâ—â—embled together at the City of London continuing there til they had levied and â—aid to the Daneâ— a Tibute of forty as some or forty eight thousand pounds as others write upon this condition That all the Danes within the Realm should have everywhere a peaceable habitation with the English and that there should be as it were one Heart and one Soul of both people as Matthew Westminster Daniel and some others record the Agreement Which Accord being ratified on both sides with Pledges and Oaths as Matthew Westminster and others relate King Swain as some Historians write though others mention not his being here in person but only by his Commanders returned into his own Land and so â—he rage of the Danish persecution ceased for a short space Upon this agreement 45 of the Danish ships under the command of Turkill the Danish General submitted themselves to King Ethelred promising That they would defend England against strangers and forein invasions upon this conâ—dition that the English should find them victuals and cloaths Henry Huntindon censures this accord with the Danes as made overlate Tunâ— vero Rex nimis serò pacem feciâ— cum Dacorum exercitu dans eis 8000 misprinted for 48000 librarum nunquam enim tempore oportuno pax fiebat donec nimia contritione terra langueret To what extremities King Ethelred was put to raise this and the other forementioned Tributes to the Dâ—nes and to pay his own Captains besides and how much the Monasteries were taxed oppressed exhausted of all their moneys plaâ—e wealth by the King his Officers and the Danes
Civibus magna ope conantibus dum unusqâ—â—sque sudâ—â—es suos Principi ostentare et pro eo pulchrum putaret emori Hostium pars prostrata pars in flumine Thamesi necuta Hereupon Swain despairing to take the City marched with his torn shattered Army first to Wallingford plundering and demolishing all things they met with in their wayâ— after â—heir wonted manner and at last they came to Bath where Ethelmere Earl of the West Country with all his people came and submitted to him giving him hostages for their loyalty Having thus finished all things according to his desire he returned with his Hostages to his Navy being both called and reputed King by all the People of England London excepted si Rex jure queat vocari qui fere cuncta Tyrannice faciebat â—ite Florence oâ— Worceste Simeon Dâ—nelmensis verâ— caâ—eâ—oâ—sly Nec adhuc flecterentur Londinenses tota jam Anglia in clientelam ejus inclinata nisi Ethelredus praesentia eos destitueret sua as Malmesbury observes King Ethelred being a man given to sloathfullness and through consciousness of his own demerits very fearful deeming no man faithfull to him by reason of the tragical death of his Brother Edwaod for which he felt this Divine revenge not daring to raise an Army not fight the Enemy wiâ—h it when raised Ne Nobiles Regni quos injuste exhaeredaverat lest the Nobles of the Reaâ—m whom he had unjuâ—â—ly dis-inherited should desert and deliver him up to the Enemy declining the necessity of war and of a new siege most unâ—orthily deserted the Londoners his faithfull valiant Subjects and Proâ—ectors in the midst of their dangers Enemies â—lying away secretly fâ—oÌ„ them to Hamshire by secret journies from wâ—ence he sailed to the Isle of Wight Hereupon the Londoners Laudandi prorsus viâ—i quos Mars ipse collata non sperneret hasta si Ducem habuissent Cuâ—us dum vel sola umbra protegerentur totius pugnae aleam ipsam obsidionem etiam non paucis mensibus luserunt Seeing themselves thus unworthily deserted by their Soveraign in their extremities moved by the example of the rest of their Countrymen submitted themselves likewise to King Swain sending Hostages to and making their peace wiâ—h him the rather for that they feared Swains fury was so much incensed against them for his former shamefull repulses by them that if they submitted not to â—â—m of their own accords he would not only spoil them of all their goods but likewise command either all their eyes to be pulled out or their hands and feet to be cut off iâ— he subdued them by force Iohn Speed against the current of other Historians informs us That Swain after his repulse from London having received a certain sum of money went back into Denmark for want of victuals and to recruit his shattered Army whence returning soon after he was immediatly met by the English where betwixt them was struck a sore battel which had been with good success had not the Treason of some hindred it in turning to the Danes King Ethelred therefore seeing himself and the Land betrayed on this manner to those few true English that were left used this Speech as followeth If there wanted in me a fatherly care either for the defence of the Kingdom or adâ—inisâ—ration of Justice in the Commonwealth or in you the carriage of Souldiers for defence of your Native Country then truly silent would I be for ever and bear those calamities with a more dejected mind but as the case stands be it as it is I for my part am resolved to rush into the midst of the Enemy and to lose my life for my kingdom and Crown And you I am sure hold it a worthy death that is purchased for the Liberties of your selves and kindred and therein I pray you let us all die for I see both God and destiny against us and the name of the English Nation brought almost to the last period for we are overcome not by weapons and hostile warr but by Treason and domâ—stick falshood our Navy betrayed into the Danes hands our battel weakned by the revolt of our Captains our designs betrayed to them by our own Counsellers and they also inforcing composition of dishonourable Peace I my self disesteemed and in scorn termed Ethelred the unready Your valour and loyalty betrayed by your own Leaders and all our poverty yearly augmented by the payment of their Danegelt which how to reâ—ress God only knoweth and we are to seek For if we pay money for peace and that confirmed by Oath these Enemies soon break it as a people that neiâ—her regard God nor man contrary to equity and the Laws of Warâ— and of Nations and so fâ—r off is all hope of better success as we have cause to fear the losse of our kingdom you the extinction of the English Nations revenue Therefore seeing our enemies are at hand and their hands at our throats let us by fore-sight and counsel save our own lives or else by courage sheath our swords in their bowels either of which I am willing to enter into to secure our Estate and Nation from an irrecoverable Ruine After which Speech he and his Army retreated and gave way to the prevailing Enemy Swain herepon setling all things according to his own will when as he knew that no man durst resist him commanded himself to be called King of England Dum non fuit alius qui pro jure regni decertare vel se regem confiteri aâ—sus fuisset as Matt. Westminster and others write Such a strange fear and stupidity was then fallen upon Ethelred and the whole English Nation After this Ethelred privily departed from London to Hampton and from thence to the Isle of Weight as aforesaid where advising with the Abbots and Bishops there assembled in Council what course was best to steer he spake thus unto them the History whereof I shall fully relate in William of Malmesbury his words Ibi Abbates et Episcoposâ— Qui nec in tali necessitate Dominum suum deserendum putarent in hanc convenit sententiam Videâ—ent quam in angusto res essent suae et suorum se perfidia Ducum avito extorrem solio et opis egentem aâ—iâ—nae in cujus manu alâ—orum â—olebat salus pendere quondam Monarcham et Potentem modo miserum et exulem dolendum sibi hanc commutationem quia facilius toleres oâ—es non habuisse quam habitas amisisse Pudendam Anglis eo magis quod deserti Ducis exempluâ— processurum sit in orbem terrarum Iâ—â—os amore sui sine sumptibus voluntariam sube untes fugam domos et facultates suas praedonibus exposuisse in arcto esse victum omnibus vestitum deesse pluribus probare se fidem illorum â— sed non reperire salutem adeo jam subjugata terra observari littora ut nusquam sine periculo sit exitus Quapropter considerent in mâ—dium quid
censerent faciendum Si maneant plus a Civibus cavendum quam ab Hostibus forsitan enim crucibus suis novi domini gratiam mercarentur eâ— cerâ—è occidi ab hoâ—te â—iâ—uâ—atur fortunae prodi a Cive addicetur Ignaviae Si ad exteras gentes â—â—giunt gloriae fore dispendium si ad notas metuendum ne cum fortuna colerent animum Plaerosque enim probos et illustres viros hac occasione caesos experiendum tamen sortem et tentandum pectus Richardi Ducis Normannorum qui si Sororem et Nepotes non ingrato animo susceperit se quoque non aspernanter protecturum Vadabitur enim mihi meam salutem conjugi et liberis impensus favor Quod si ille adversum pedem contulerit non deerit mihi animus plaâ—è non deerit hic gloriosè occumbere quà m illic ignominiosè vivere Hereupon he sends Emma his Queen and her children in the moneth of August into Normandy accompanied with the Bishop of Durham and Abbot of Burgh where they are joyfully received by Duke Richard who invites Ethelred himself to honour his Court with his presence who thereupon in Ianuary following passeth over into Normandy and there solaceth his miseries with the curteous entertainment he there found King Swane in the mean time provokes invaded England with ruines and slaughters playes the absolute Tyrant commands Provisions to be abundantly provided for his Army and Navy et Tributum fere importabile solvi praecepit and likewiâ—e commanded an insupportable Tribute to be paid And the like in all things Earl Turkell the Dane commanded to be paid to his Navy lying at Greenwich hired by King Ethelred to defend the English from Foreiners yet both of them as often as they pleased preyed upon and pillaged the Country besides first polling the inhabitants of their goods and then banishing them Provincialium substantiae prius abreptae mox proscriptiones factae In this sad oppressed condition under their New Soveraign to whom they had submitted themselves both Nobles and people knew not what to do Haesitabatur totis urbibus quid fieret si pararetur rebellio assertorem non haberent si eligeretur subjectio placido rectore carerenâ— Ita privatae et publicae opes ad naves cum obsidibus deportabantur Quo evidenter apparet Swanum naturalem et legitimum non esse Dominum sed atrocissimum Tyrannum â—s Malmesbury Matthew Westminster and others record But God who is propitious to people in their greatest extremities suffered not England to lye long fluctuating in so many calamities For this barbarous Tyrant Swane after innumerable evils and cruelties perpetrated in England and elsewhere added this to the heap of his further damnation that he Exacted a great Tribute out of the Town of St. Edmondsbury Anno 1014. which none ever before presumed to doe since it was given to the Church wherein the body of the precious Martyr St. Edmond lieth intombed all the lands thereof being exempted from Tributes Beginning to vex the possessions of the Church and threatning to burn the Town and destroy all the Monks unless they speedily paid him the Tribute he exacted and using reproachfull speeches against St. Edmond as having no holiness in him he was suddenly struck dead and ended his life on the Feast of the Purification of the blessed Virgin Anno 1014. Our Monkish Historians record That on the Evening of the day whereon he held a general Court at Geâ—gnesburgh â—eiâ—erating his menaces against the Town and ready to put them in execution for not paying the Tribute demanded he saw St. Edmond comming alone armed against him whiles he was invironed in the midst of his Danish Troops whereupon he presently cried out with great affright and a lowd voice Help O fellow Souldiers help behold St. Edmond comes to slay me and whiles he was thus speaking being grievously wounded with a spear by the Saint he fell off from his horse and continued in great torment till night and so ended his life with a miserable death Swane being dead the whole Navy and Nation of the Danes Elected and made Cnute his son their King and Lord Majores Natu totius Angliae The Nobles and Senators of all England â—iking nothing â—eâ—s than bondage especially under such new tyrannizing forein Intruders thinking it now or never the time to shake ofâ— their new yoak pronounced their Natural Lord to be dearer to them than any Foreiner Si 〈◊〉 se quam consueverat ageret Whereupon with unanimous consent and great joy and speed they sent mâ—ssengers into Normandy to Ethelred to inform him Nullum eo libentius se in Regem recepturos si ipse vel rectius gubernare vel mitius eos tractare vellet quam prius tractaverat and to hasten his return unto them Who thereupon presently sent over his son Edward qui fidem Principum favorâ—mque vulgi praesens specularetur who together with his Embassadors assured both the Nobles and Commons of the English Nation That he would for time to come be their mild and devout Lord consent to their wills in all things acquiesce in their Counsels and if he had offended in any kinde he would reform it according as they should think â—it and with a ready mind pardon whatsoever had beed contemptuously or disgraceâ—ully spoken or acted by them agaiâ—st him or his if they would all unanimously receive him again as their King into the Kingdom To which they all gave a favourable and satisfactory answer Whereupon a plenary reconciliation was ratified between them on both sides both bâ— words and comâ—act Moreover The Nobles unanimously and fréely agreed and voted That they would never more admit a Danish King into England to reign over them Theâ—e things concâ—uded King Ethelred speedily returns into England where he was honourably and joyfully received by the English And that he might seem to caâ—t off his former sloathfulness he hastned to raise an Army against Cnute who remaining with hiâ— Navy in Lindesey made an agreement with the inhabitants exacting men and horses from them that he might surprise Ethelred at unawares and threatning grievously to punish all such as revolted from him But Cnute being taken in his own craft Ethelred marching thither with a strong army before he was proâ—ided to receive him fled from thence with his Hostages Army and Navy to Sandwich whereupon Ethelred depopulated all Lindesey wasting the Country wiâ—h fire and sword slaying all the Inhabitants as Traitors to him and â—heir Naâ—ive Country Cnute â— by way of revenge humano et divino Iure contempto in insontes grassatus cuts oâ—f the hands and ears and â—â—its the Noses of all the most Noble and beautiful Hostages throughout England given to his father and so dismissing them sailed into Denmark to settle his affairs and augment his forces resolving to return the year following After his departure King Ethelred this very yearâ— Super haec omnia mala Classi quae
apud Greenwic â—acuiâ— Tributum quod erat 30. millia librarum pendi mandavit to wit to the Fleet under Turkell the Dane who instead of defending did but help to pillage and oppress the English Huntindon wriâ—es it was but 21 thousand pounds and Bromton aversâ— that it was Cnute not Ethelred who commanded it to be paid to his Navy Soon after which the Sea rising higher than it was accustomed drowned an innumerable Company of Villages people and cattel After Cnutes departure King Ethelred summoned a Parliamentaty Council at Oxford Anno 1015. both of the Danes and English Malmsbury expressly stiles it MAGNUM CONCILIUM Wigorniensis Hovedâ—n Sim. Dunelmensis MAGNUM PLACITUM Matthew Westminster and others MAGNVM COLLOQUIUM our later English Historians a Great Council and Parliament The King by the ill advise of that Arch Traytor Duke Edric at this Great Council commanded some Nobleâ— of the Danes to be sodenly and secretly slain quasi de Regia proditione notatos ac perfidiae apud se insimulatos the chiefest of them were Sygeforth and Morcar whom Edric treacherously invited to his chamber and there making them drunk caused his armed guards there placed secretly to murder them which they did Hereupon their Servants endeavouring to revenge their Lords deaths being digniores et potentiores ex Scovengensibus they were repulâ—ed wiâ—h arms and forced to slye into the Tower of St. Frideswides Church for safety whence when they could not be forcibly expelled they were all there burnt together The King presently seised upon their lands and goods the chief cause of their murder as some conceived and sent the relict of Sygeforth a very Noble beautifull and vertuous Lady prisoner to Malmsbury whither Edmond the Kings base Son as some affirm posâ—ed without his fathers privity and being enamored with her beauty first carnally abused then afterward maried her and by her advice forcibly invaded and seised upon the Lands of her husband and Morcar which were very great and the Earldom of Northumberland which his father denied him upon his request Whereupon all the Inhabitants of that County readily submitted to him Whiles these things were acting Cnute having setled his affairs in Denmark and made a League with his neighbour Kings recruiâ—ed his Army and Navy and returned into England with a resolution either to win it or to lose his life in the attempt Ariving first at Sandwich and sailing thence to the West he pillaged Dorsetshire Somersetshire and Wiltshire filling all places with slaughters and plunders King Ethelred lying then sick at Cosham his son Edmond Ironside and Duke Edric raised an Army against Cnute but when both their forces were united to fight him the old perfidious Traytor Edric endeavoured by all means to betray Edmond to the Danes or treacherously to slay him which being discovered to Edmond thereupon they severed their forces from each other and gave place to the Enemies without giving them battel Not long after Edric inticing to him 40 of the Kings ships furnished with Danish Mariners and Souldiers openly revolted and went with them to Cnute subjecting himself to his dominion as his Soveraign by whose example all West-Sex submitted to him as their Kihg delivering him hostages for their fidelity resigning up all their arms to him and providing both horse and arms for his Danish Army The Mercians offred themselves alone to resist the Danes but through the Kings sloathfulness the business of war received delay and the enemies proceeded in their rapines without opposition In the year 1016. King Cnute and treacherous Duke Edric came with 200 sail of ships into the river of Thames whence they marched by land with a great Army of horse and foot and invaded Mercia in an hostile manner burning all the Towns and Villages and slaying all the men they met with in Warwickshire and other places whereupon King Ethelred as Huntindon Wigorniensis and others record made an Edict Ut quicunque Anglorum sanus esset secum in bello procederet That every Englishman who was in health should go with him in battel against the Danes An innumerable multitude of people upon this assembled together to assist him But when his and his son Edmonds forces were conjoyned in one body the King was informed that some of his auxiliaries were ready to betray and deliver him up to the enemies unless he took care to prevent it and save himself and as some write the Mercians refused to â—ight with the VVest-Saxons and Danes whereupon the expedition was given over and every man returned to his own home After this Edmund Ironside raised a greater Army than before against Cnute and sent Messengers to King Ethelred to London to raise as many men as possible he could and speedily to come and joyn with him against the Danes but he for fear of being betrayed to the Enemy presently dismissed the Army without fighting and returned to London Hereupon Edâ— Ironside went into Northumberland where some imagined he would raise a greater Army against Cnute the Dane but he and Vhâ—red Earl of Northumberland instead of incountring Cnute wasted the Counties of Stafford Shrewsbury and Leicester because they would not go forth to fight against the Danes Army in defence of their Country and King Cnute on the other side wasting with fire and sword the Counties of Buckingham Bedford Huntindon Northampton Lincoln Nottingham and after that Northumberland Which Edmond being informed of returned to London to his Father and Earl Uhtred returning home being compelled by necessity repaired to Cnute and submitted himself to him with all the Northumbrians making a Peace with him and giving him hostages for performance thereof and for his and their fidelity Not long after Uhtred and Turketel Earls of Northumberland were both treacherously slain by Turebrand a Dane by Cnutes command or Commission Which done Cnute made one Hirc some stile him Egric Earl of Northumberland in his place and then returned with all his army to his Ships in triumph a little before the feast of Easter with a very great booty Not long after King Ethelred born to troubles and mischief after manifold labours vexations treacheries and incessant tribulations ended his wretched life in London where he died May 9th Anno 1016. being there buried in St Pauls Church finding rest in his Grave by death which he could never find in hiâ— Throne all his life having attaineâ— it by Treachery â—nd his Brothers Soveraigns murder whose Ghost as Malmesbury and others writeâ— did perpetually vex and haunt him all his râ—ign and made him so subject to and fearfull of plots and treacheries that he knew not whom to trust nor ever deemed himself secure even in the midst of his oft raised Armies Nobles People though ready to adventure theiâ— Lives for his defence I have related these Passages of the Danish warsâ— and invasions during Ethelreds reign more largely than I intended 1. Because on the Englishmens parts they were meerly defensive
siege and entred the City in manner of Triumph Cnute and Edric perceiving the valour and good success of Edmond conspired together to overcome him by Treason whom they could not vanquish by Armes for which end Edric before King Edmonds march to London as some or soon after as others relate feignedly revolted â—rom Cnute and submitted himself again to Edmond as his natural Lord and renewing his peace with him fraudently swore that he would continue faithfull to him only that he might betray him Edmond two days after he had chased the Danes from the siege of London pursuing his victory passed over the Thames at Brentford where though many of the English were drowned in passing over the River through their carelesness yet he there fought with the Danes the fourth or â—ather fifth time routed them and won the field After which Edmoâ—d by the advice of Edric marched again into West-Sex to raise a more numerous Army to supply those who were drowned and slain in this last battel Upon which advantage the Danes again returned to the siege at London invironing and fiercely assaulting it on every side but being valiantly repulsed by the Citizens they retired from thence to their ships and sailed into the River of Arewe where leaping out of their ships theyâ— went about pillaging in Mercia killing all they met and burning the Villages returning to their ships with a great booty Another company of their foot sailing up the River of Meadway pillaged Kent their Horse marching thither by Land to meet them doing the like wasting all places with fire and sword King Edmond having in the mean time raised a strong Army out of all England passed over with them again at Brentford to fight the Danes and giving them battel near Oteford routed the whole Danish Army not able to endure his fierce charge and pursued them as far as Ilesford slaying many thousands of them in the pursute and had he followed the pursute further it was conceived that day had put an end to the war and Danes for ever But perfidious Duke Edric by his most wicked Counsel the worst ever given in England caused him to give over the chace Whereupon the â—lying Danes escaped into the Isle of Shepy Edmond returning into VVest-Sex to observe Cnutes motion he thereupon transported his forces into Kent who began to plunder and wast Mercia far worse than ever they had done before VVhereupon King Edmond marching with his Army against them gave them battel the sixt time at Esesdune or Assendune now Ashdune in Essex whereafter a long and bloody fight with equall valour and great loss on both sides King Edmond seeing the Danes to fight more valiantly than ever before leaving his place which usually was between the Dragon and Standard ran into the very front of the battel and breaking in like thunder uâ—on the Enemy brake their ranks pierced into the very midst of them and made way for others to follow him forcing the Danes to give back VVhich the ever traiteroâ—s Edric perceiving â—led with the whole Squadron of Souldiers which he commanded unto Cnute as was formerly agreed between them whereupon the Danes becoming the stronger made an extraordinary slaughter of the Eâ—glish as Matthew VVestminster and his followers sâ—ory Henry Huntindon relates That Edric seeing the Danes going to ruine cryed out to the English Army Fly O Englishmen â—ly Englishmen for Edmond is dead being not seen in his wonted place and crying out thus he and his Brigade first began the flight whereupon the whole Army of the English following them fled likewise VVigorniensis informs us that King Edmond before this battel riding about to every Company admonished and commanded them that beâ—ng mindfull of their pristine valour and victory they should defend themselves and the Realm from the avarice of the Danes being now to fight with those they had formerly conquered â—hat perfidious Duke Edric seeing the Danish army inclining to flight and the English about to gain the victory began to fly with the VVagesetensians and that part of the army which he commanded as he formerly promised to Cnute that circumventing his Lord King Edmond and the English army with deceits he gave the victorie to the Danes by his treacherie and by the consent of all our VVriters he here gave the greatest wound to the English Nobility and Nation that ever they receâ—â—â—d in any former battel Duke Alfric Duke Godwin Dâ—â—e Ulfketel Duke Aethelward Ailward son of Duke Alke and all the flower of the English Nobility together with Eadnoth Bishop of Lincoln and Abbot VVulfius qui ad exorandum Deum pro milite bellum agente convenerunt with an infinite number of coâ—mon Souldiers being there slain in this fight and slight qui nunquam ante in uno praelio tantam cladem ab hostibus aâ—ceperunt Ibi Cnuto Regnum expugnavit ibi omne decus Anglorum occubuit ibi flos patriae totus emarcuit VVrites Malmesbury Cnute likewise on his side sustained an irreperable loss both of his Dukes and Nobles After this lamentable loss wherein so many Nobles fell Cnute marching to London in triumph took the Royal Scepters whence deparâ—ing into Glocestershire in pursute of Edmond who retreated almost alone to Glocester and there recruited his broken forces he wasted and pillaged the Country in his march King Edmond resolved to give him another battel in a place called Dierhurst where Edmond with his army being on the VVest-part of the River Severn and Cnute on the Eastside with his army both set in battel array ready manfully to encounter each other wicked Duke Edric magnatibus convocatis calling the Nobles of both parties together â—pake unto them as followeth as Matthew VVestminster and others accord before any incounter but Abbot Ethelred records that both Armies then fought a most bloudy batâ—el for one whole day from morning to night an innumerable Company being slain on both sides without any Victory the night only causing them to reâ—ire ad similem ludum eundemque exitum die craestina reversuri Both Armies being wearied with this bloudy sport when they saw King Edmonds forces daily increasing and Cnutes company likewise augmented out of foreign parts by constant recruits which he caused to be sent from thence Uterque Exercitus Proceres ad colloquium cogunt both armies compelâ—ed their Nobles to a Conference where one of them being elder than the rest which others affirm to be Duke Edric requiring silence spake thus unto them as Abbot Ethelred records his words I desire O wise men in these our dangers to give advice who verily am inâ—eriour to you in wisdom but superiour to you in age as these gray hairs testifyâ— and peradventure what wisdom hath not use hath taught me and what science hath denied experience hath conferred Many things verily we have seen and known many things moreover our Fathers have toâ—d us and not without cause we require audience that we may utter no doubtful sentenâ—â— of things
bottom they were emptied by the Danes from their own vessels and their bottles broken that had vented their red and bloudy wines in lieu whereof the Lord gave them the cup of wrath whose dreggs he had formerly by their own hands wrung out upon other Nations For the Saxons that had enlarged their Kingdomes by the bloud of the Britons and built their nests high upon the Cedars of others as the Prophet speaketh Habbak 2. committed an evil covâ—tousness to their own habitations and were stricken by the same measure that they had measured to others when as the Danes often attempting the Lands invasion and the subversion of the Eâ—glish Estate made way with their Swords through all the Provinces of the Realm and lastly advanced the Crown upon their own helmets which they wore only for three Successions CHAP. IV. Comprising a Summary Collection of all the Parliamentary Great Councils Synods Historical Passages Proceedings Lawes relating to the Fundamental Liberties Franchisâ—s Rights Government of the People and other remarkables under our Danish Kings Cnute Harold and Harde-Cnute from the year of our Lord 1017. till the first year of King Edward the Confessor Anno 1042. With some brief Observations on the same IMmediately after the murder of King Edmond Ironside King Cnute the Dane Anno 1017. taking possession of the whole Realm of England was solemnly crowned King at London by Living Archbishop of Canterbury succeeding in the Realm of England Non successione haereditaria sed Armorum violentia as William Thorne observes Injuste quidem Regnum ingressus sed magna civilitate et fortitudine vâ—tam componens writes William of Malmsbury Whereupon the better to forâ—ifie his Military Title with a seeming publick Election by the Nobles and Nation in a Parliamentary Council and their open disclaimer and renunciation of any Right or Title either in King Edmonds Sons or Brethren to the English Crown to settle it in perpetuity on himself and his posterity he commanded all the Bishops Dukes Princes and Nobles of the English Nation to be assembled together at London in a Parliamentary Council Where when they were all met together in his presence he most craftily demanded of them as if he were ignorant Who were the Witnesses between him and Edmond Ironside when they made their agreement and division of the Kingdom between them What manner of conference there then was between him and Edmond concerning his Brethren and Sons Whether it was agreed that it should be lawfull for Edmonds Brethren or Children to reign in the kingdom of the West-Saxons after his death by any special reservation or agreement between them in case Edmond should die in his life-time Whom he had designed to be his Heir Whom he had appointed to be guardians to his Sons during their infancy And what he had commanded concerning his Brothers Alfred and Edward To which they all answering both falsly and flatteringly said That they did most certainly know King Edmond neither living nor dying had commended or given no part of his kingdom to his Brethren and they did likewise know that it was King Edmonds will that Cnute should be the Gardian and Protector of his Sons and of the Realm untill they were of age to reign calling God himself to witnesse the truth hereof O the strange temporizing falsity treachery perjury of men in all ages But though they thus called God to witness yet they gave a false testimony and fraudulently lyed preferring a lye before the truth being forgetfull of justice unmindfull of nature unjust witnesses rising up against Innocency and betrayers of their own bloud and Country when as they all well knew that Edmond had designed his Brethren to be his heirs and appointed them to be Guardians of his children thinking by this their false testimony to please King Cnute to make him more mild and gracious to them and that they should receive great rewards from him for the same After their answers to those Interrogatories to ingratiate themselves further with Cnute though they were sworn before to Edmond and his Heirs and were Native Englishmen yet they there all took a solemn â—ath of Allegiance to Cnute swearing to himâ— That they would and did chuse him for their King humbly obey him et Exercitui Uectigalia dare and would give Tribâ—tes to his Army And having received a pledge â—rom Cnutes naked hands with Oathes from the Princes and Nobles of the Danes Cnute reciprocal Oaths from them and all the people they ratified a mutual Covenant and League of Peace with reciprocal Oaths between both Nations reconciling and abandoning all publick enmities between them They likewise swore that they would cast off banish and wholly reject King Edmonds Brothers Sons and Family In pursuance whereof they there presently Fratres et filios Edmondi Regis omnino despexerunt â—osque Reges esse negaverunâ— unum autem ex ipsis praedictis Clitonibus Edwinum egregium et reverendissimum Edmundi Regis germanum Ibidem cum consilio pessimo exulem esse debere coustituerunt as Râ—ger de Hoveden Abbot Ethelred Wigorniâ—nsis and others at large record the Story The discord treacherous falshood disloyal proceedings of the English Nation then towards one another the English royal line is thus elegantly set forth by Abbot Ailred a lively Character of our age Externisque malis accessit civilis dâ—scordia adeò ut quis cui crederâ—t quis cui mentis suae secreta commitâ—eret nesciretur Plena erat proditoribus Insula nusquam tuta fides nuâ—quam â—ine â—uâ—piâ—â—one â—mor Sermo sine simulatione Tandem eousque Proditio Civilis et astuâ—ia Processit hostilis ut de 〈◊〉 Rege Magna pars Insâ—lae legitimis abdicatis haeredibus Cnutoni qui Regnum invaserat manus darent peremptoque iâ—victissimo Regâ— Edmundo paterni honoris simul â—t lâ—boris haerede etiam Filios ejus adâ—uc in cunis agentes barbaris miâ—terent occidendos King Cnute hearing this their palpable flattery and conâ—emptuous rejection of Edwin and the Saxon regal Line went joyfully into his Chamber and calling perfidious Duke Edric to him demanded of him how he might deceive Prince Edwin so as to have him murthered Who thereupon informed him how and by whom his murder might be accomplished by promised rewards of money and preferments which was accordingly effected soon after by Cnutes procurement and command This Edric likewise perswaded Cnute to slay Prince Edward and Edmond King Edmonds sons Whereupon Statuit Cnuto mirabiliter in animo suo omne genus Gentis Regni Anglorum perdere vel exilio perenni eliminare ut regnum Angliae filiis suis jure hâ—roditario râ—servare curaret writes Matthew Westminster p. 402. But because it might seem a great disgrace to him to murder these infant Princes in England he afterwards sent them over Sea to King Swane to slay them in Denmark who abhorring the fact instead thereof sent them to Solomon King of Hungary
publick means he could devise and that by Emmaes advice 1. By advancing some of the English Nobility to places of Honour and trust as Leoffric whom he made Duke in the place of his Brother Norman whom he had slain with some others and loving them very dearly 2. By granting to the English equal Rights and Privileges with his Danes in Consessu in Consilio in Praelio and favouring and advancing them both alike 3. By favouring and enriching the English Clergy and Church-men and manifesting extraordinaâ—y piety devotion bounty in repairing building endowing Monasteries and Churches throughout the Realm which had been partly decayed parâ—ly demolished and prophaned by his and his Fathers former wars and excursions And by erecting new Churches in all places where he had fought any battel especially at Asâ—hendune and placing Priests in them perpetually â—o pray for the souls of those that were there slain Ita omnia quae ipse et Antecessores sui deliquerunt corrigere satagons prioris Injustitiae naevum apud Deum fortassis apud Homines certè abstulit as Malmsbury relates 4. By â—asing them of his Danish Forces and constant heavy Taxes for their maintenance For by the advice of Emma he sent back all his Danish stipendiary Souldiers to their Native Country and all his Ships but 40 which he retained to transport him into Denmarke the next year To return pay off and disband which forein Forces the English paid him a Tribute of 82. as some or 72 thousand pounds as other Historians record collected out of all England and the Londoners 11 thousand or 10500 marks more Which Tribute I conceive was granted him in the Council of London the year before wherein all the Prelates and Nobles took an Oath Suo exercitui vectigal dare according to their former agreement at Glocester upon the partition of the Kingdom between Edmond and Cnute wherein King Edmond and all the English Nobles and Army ordained that a Tribute should be paid to the Danish Fleet TRIBUTO QUOD CLASSICAE MANUI PENDERETUR STATUTO So that I conjecture it was not imposed on the people by Cnutes absolute power but by common Grant and Consent of a Great Parliamentary Coâ—ncil 5. By ratifying all their former good old fundamental Laws Righâ—s Liberties Privileges which they used enjoyed under their Saxon Kings by enacting other good wholesom Laws repealing all unjust Laws and redressing all exactions and grievances By which means he so obliged the English to him that they cordially assisted him in his Danish wars chearfully obeyed him and never raised any Insurrection or Rebellion against him though frequently absent out of the Realm all his reign albeit he had no Army nor Garrisons to over-aw them In the second year of his reign Anno 1018. King Cnute assembled a Parliamentary Council both of the English and Danes at Oxford wherein they both accorded That King Edgars Lawes should be observed Angli et Daci apud Oxonefordiam de lege Regis Edgari concordes sunt effecti as Florentius Wigorniensis Sim. Dunelmensis and others express it but the Chronicle of Bromton thus Posthaec apud Oxoniam PARLIAMENTUM tenuit ubi Angli simul Dani de Legibus Edgari Regis observandis concordes facti sunt Which Fabian Grafton Speed and others thus express in English He called A PARLIAMENT at Oxford where among other things it was enacted That Englishmen and Danes should hold and firmly keep the Laws of Edgar late King Which Parliament they misplace some in the 3. others in the 15. year of his reign when it was in the second King Cnute sailing into Daenmark in the third year of his reign having there setled his affairs returned into England Anno 1020. about the feast of Easter Apud Orencestriam CONCILIO CONGREGATO as Matthew Westminster or Apud Cirenceastram MAGNUM CONCILIUM HABUIT as Florentius Wigorniensis Hoveden and Simeon Dunelmensis record it And then held a great Parliamentary Council at Oâ—encester or Cirencester wherein he banished Duke Ethelward And this year as Radulphus de Diceto informs us Rex Canutus CONSILIO CLERI ET PROCERUM by the Counsel of his Clergy and Nobles most likely assembled in this Council at Cirencester and especially of his Queen Emma he placed Monks in the Monastery of Badricesworth wherein the bodie of King Edmond the Martyr resteth removing the Secular Priests from thence Matthew Westminster thus relates it Consilio Emmae Reginae et EPISCOPORUM SIMUL ET BARONUM ANGLIAE Monachos in eo constituit c. Caenobium quoque beati Regis et Martyris Edmundi tot praediis et bonis aliis ampliavit ut omnibus ferè Angliae Monasteriis in rebus temporalibus meriâ—o praeferatur Sir Edward Cook in his Preface to his 9. Reports out of an antient Manuscript of the Abbey of St. Edmonds which he said was in his custody gives us this account of a Parliament held at Winchester in the 5. year of King Cnute his reign Anno 1021. Haec sunt Statuta Canuti Regis Anglorum Danorum Norwegiarum Venerando Sapientum ejus consilio ad laudem et gloriam Dei et sui Regalitatem et commune commodum habito in Sancto Natali Domini apud Winton c. Rex Canutus anno regni sui 5. viz. per centum et triginta annos ante compilationem Decretorum quae Anno Dom. 1150. fuerunt compilata anno septimo Pontificatus Papae Eugenâ—i â—ertii et ante compilationem aliorum Canonum quorumcunque Cunctos Regni sui Praelatos Proceresque ac Magnates ad suum convocans Parliamentum in suo publico Parliamento persistenâ—â—bus personaliter in eodem Wuâ—â—tano et Adelnodo Archiepiscopis et Ailwino Episcopo Elmhamense et aliis Episcopis ipsorum suffraganeis septem Ducibus cum totidem Comitibus necnon diversorum Monasteriorum nonnullis Abbatibus cum quamplurimis gregariis Militibus ac cum populi multitudine copiosa ac Omnibus tunc in eodem Parliamento personalitur exisientibus Votis Regiis unanimiter consentientibns praeceptum et decretum fuit Quod Monasterium Sancti Edmondi c. sit ab omni Iurisdictione Episcoporum Comitatus illius ex tunc in perpetuum funditus liberum et exemptum c. Illustris Rex Hardicanutus praedicti Regis Canuti filius haeres et successor ac sui Patris Vestigiorum devotus imitator c. cum laude et favore Aegelnodi Doroberniensis nunc Catuariensis et Alfrici Eborac Episcoporum aliorumque Episcoporum Suffraganeis necnon Cunctorum Regni sui mundanorum Principum descriptum constituit roboraviâ—que praeceptum That which this Manuscript stiles so often a Parliament held at Winchester in the 5th year of King Cnute of which there is not one Syllable in any of our Historians is as I conceive that which Matthew Westminster Wigorniensis Hoveden and Simeon Dunelmensis stile CONCILIUM ET MAGNUM CONCILIUM c. held at Cirencester
or Orencester not Winchester the 4th year of his reign wherin by the Counsel of Queen Emma and of his Bishops and Barons he placed Monks in the Monasterie of Bederichesiorthe where St. Edmund was interred and endowed the Monastery of St. Edmond with so many farmes and other goods as made it one of the richest in all England as those Historians witness Whose Name and date the ignorant comâ—iler oâ— this Manuscript mistook whose Antiquitie and reputation is very suspiâ—ious as Sir Henry Spelman informs us First because Sir Henry could never gain the sight of it from Sir Edward Cook though he oft-times promised to lend it him to peruse for his satisfaction And that which dares not abide the sight and test of such a judicious learned Antiquary when desired may justly be deemed an Imposture 2ly Sir Henry Spelman conceives the Author of this Manuscript writ not before the end of King Henry the 3d if so soon seeing he calls the Great Council of the Realm so frequently a Parliament which Title was not given it in Manuscripts or Historians till the end of King Henry the 3d. or aâ—ter his reign And Wigorniensis Matthew Westminster Hoveden and Simeon Dunelmensis all stile it onely CONCILIUM not Parliamentum 3ly Because he certainly mistakes in his Chronology in making Aegelnoth Archbishop of Canterbury in the reign of King Hardecnute when as he died and Eadsi was made Archbishop thereof two years before Hardicnuâ—es reign which Eadsi crown'd him King as Matt. Westminster An. 1038. together with Matthew Parker and Godwin attest And therefore he might as grosly mistake in other things 4ly It appears by the recital it self that it was writ above 130 years at least after this Council under Cnute because it recites it preceeded the Decrees made so long after under Pope Eugenius An. 1150. 5ly The form of the Prologue Haec sunt Statuta c. coupled with ad suum convocans Parliamentum in suo publico Parliamento and aliis Episcopis ipsorum Suffraganeis prove it not to be written before King Edward the first his reign when such phrases came first in vse Sir Edward Cooke himself informing us in his Epistle that in Cnute his reign such State-Assemblies were stiled Uenerandum Concilium Sapientum sic enim apuâ— majores Parliamentum illud Latine redditur 6ly Becauâ—e it â—ubjoins cum quamplurimis gregarâ—s militibus ac cum populi multitudine copiosa as if â—hey had been personally present in this Parliamentary Council as well as the Archbishops Bishops Abbots Dukes and Nobles of which there is not one syllable in our four antient Historians which mention this Council at Cirencester Neither can these Gregarii milites be intended Knights of shires nor populi multitudine copiosa Commoners or Burgesses elected to serve in Parliament by and for the people as Sir Edward Cooke and others fancy there being no mâ—ntion of any such chosen Kngihâ—s of Counties Citizens Burgesses or Commons in that or succeeding ages till about the reign of King Hâ—nry the 3d. but only ordinary Souldiers and the Vulgar sort of people admitted to be present in the Council at the reading and passing of the Charter to St. Edmond as they are now admitted into the Lords House together with the Knights and Burgesses at the beginnings and ending of our Parliaments and upon publike Trials Conferences and Occasions at which times there are more common people ten to one usually present to see and hear what is acted who are no members then there are Members of the Commons House which never sate together with the Lords for ought appears much less in this Parliament as some confidently inferr â—rom this Spurious Aâ—tiquity which Sir Edward Cooke little versed in Antiquities and oft mistaken in them so much magnifies and insists on In the year of Christ 1021. King Cnute uppon occasions and offences taken by him banished Duke Turkell to whom he had formerly committed East England with Edgitha his wife and Hirc Duke of Northumberland out of England Turkell no sooner arived in Denmark but he was there slain by the Dukes of the Country by divine vengeance he being a chief inciter of the death of St. Alphege The English Danes An. 1022. in Colloquio apud Oxoniam celebrato de Legibus Regi Edwardi prâ—mitenendis coucorâ—es facti sunt Unde â—isdem Legibus jubente Rege Cnutone ab Anglica lingua in Latinam translatis tà m in Dania quà m in Angliaâ— propter earum aequitatem à Rege praefato observari jubentur as Mat. Westminster relates Anno 1022. So as he imposed no New Laws on them nor revived old but only by common consent in a Parliamentary Council both of English and Danes King Cnute in the year 1023. did so carefully endeavour to reform all things wherein himâ—elf or his Ancestors had offended as he seemed to wipe away Prioris Injustitiae Naevum the Blot of his former Injustice as well with God as with men And by the exhortation of Queen Emma studying to reconcile all the English to himself he bestowed many Gifts upon them et insuper bonas Leges omnibus et placentes promisit and moreover promised good and pleasing Lawes to all The best means to win and knit the peoples hearts Anno 1024. Cnute leading an Army of English and Danes against the Swedes whereof he lost many in the first battel the next day when he appointed again to fight with them Earl Godwin General of the Enlish Militia without King Cnutes privity resolved with his English forces alone to invade the Swedish Enemies in the night Whereupon using this Speech to his Souldiers ut pristinae gloriae memores robur suum oculis novi Domini assererent c. they alâ— valiantly assaulted the Enemies at unawares put them all to flight slew an innumerable multitude of them and compelled the Kings of that Nation Ulf and Eglaf to yield to terms of Peace Cnute preparing to fight very early the next morning thought the English had been either fled away or revoâ—ted to the Enemies but marching to the Enemies tents and finding nothing but the bloud and carcasses of those the English had slain he thereupon ever after had the English in great esteem who by this their Victory Comitatum Duci sibi laudem paraverunt writes Malmsbury Cnute returning joyfull of this Victory into England and bestowing an Earldom on Godwin for this Service In the year 1027. Cnute hearing that the Norwegians disesteemed Olaus their King by reason of his simplicity bribed his Nobles with great sums of gold and silver to reject Olaus and elect him for their King which they promising to do the next year he failed into Norwey with 50 ships thrust Olaus out of his kingdom by consent of his Nobles and subdued his Realm to himself wheâ—ce returning into England An. 1029. Hâ—conem Danicum Comitem quasi Legationis causa in Exilium misit
because he had maried Gunilda a Noble maâ—ron daughter of the King of Vandals unde metuebat ab illo vel à vitâ privari vel à regno expelli who was after drowned in the Sea or slain in the Orcades Anno 1030. In which year Robert Duke of Normandy going to Hierusalem Apud Fisâ—hamium PROCERES AD COLLOQUIUM VOCAVIT ibique Gulielmum filium suum haeredem sibi constituens fecit omnes ei fidelitatem jurare And the same year the Norwegians cruelly murdered Olaus their King Doctor Preacher and Apostle with an ax Indignabatur enim Gens illa pagana et cruentissima QUOD PRIMAS LEGES et superstitiosas idem sanctus Rex Olaus praedicando docendo evangelizando statuendo evacuaret But Cnutes gold was the prime cause thereof to get his Crown as he had done his Realm and Edmond Ironsides for whose soul he prayed and offered a rich embroydered Pale on his Tomb at Glastonbury Anno 1026. Hoc autem fecisse creditur ne in mortem ejus cui in certamine singulari confoederatus fuerat consenssisse videretar writes Mat. Westminster King Cnute Anno 1031 to palliate his Usurpations of other mens Crowns with the shew of Devotion travelled to Rome in very great pomp where he offered very great gifts in gold silver rich vestments and pretious stones and obtained from Pope Iohn That the English School should be frée from Tribute In his going and returning he not only gave large aâ—ms to the poorâ— but likewise removed and deleted many unjust Tolls and Taxes exacted from such who travelled to Rome giving a Great price to abolish them He solemnly vowed to God before the Sepulcher of the Apostle Peter a reformation both of his life and manners In pursuance whereof he writ a Letter from Rome to the Archhishops of Canterbury and Yorke all the Bishops Nobles and Rulers and to the whole English Nation as well Nobles as Plebeans wherein he certified them That he had procured from the Emp. of Germany King Radolphus the Pope and other Princes a release of all unjust Tolls and Taxes exacted of his people as they travelled out of devotion towards Rome and of the vast sums of money which the Archbishops paid to the Pope for their Palls After which he in forms them That he had vowed to justify his life to God himself in all things To govern the Kingdoms and Nations under his subjection justly and piously To observe just judgement in all things and if through the Intemperance or negligence of his youth he had hitherto done any things besides that which was IVST that he promised by Gods assistance to reform it all Therefore I obtest and command all my Counsellors to whom I have committed the Coâ—nsels and Iustice of my Realm that by no means either for fear of me or through favour to any potent person they should from henceforth doe any Injustice or cause it to sprout up in all my kingdom Likewise I command all the Sheriffs and Officers throughout my Realm as they desire to enjoy my favour or their own safety that they do No unjust violence to any Man neither to rich nor poor but it shall be lawfull for all as well Noble as Ignoble to enjoy justice and right from which they might not deviate in any manner neither for Regal favour nor for the person of any potent man nec propter mihi congerendam pecuniam quia nulla mihi necessitas est ut iniqua exactione pecunia mihi congeratur nor yet for raising oâ— heaping up money to me Because there is no necessity for me and let those who now plead Necessity both â—or their own illegal imposing levying of unjust uncessant heavy Taxes Imposts Excises on our Nations without grant and common consent in Parliamâ—nâ—â— consider it that money should be raised and collected for my use by an injust exaction After this he enâ—oyns them by thiâ— Letter To pay all Debts and Duties due by the antient Law as Tithes of their corn and cattel Peter-pence and First fruits at the Feasts appointed under pain of the penalties inflicted by the Laws which he would strictly exact without pardon Neither was he worâ—e than his wordâ— writes Malmsbury for he commanded all the Laws made by antient Kings and especially by his predecessor King Ethelred to be for ever observed under pain of a regal mulct To the custody of all which ancient Laws Even now writes he our Kings are sworn under the name of King Edwards Lawes non quod illa statuerit sed observaverit And Matthew Westminster records further Vâ—cecomitibus Regni Angliae et Praepositis districtè mandavâ—â— ut nulli hominum vim inferant nec propter pecuniam fisco reponendam in aliquo a Iustitia deviant dum non habeat necessitatem de peccato pecuniam aâ—augere If this Forein Danish Conqueror and Usurper of the Crown of Englandâ— quod Bellico Iure obâ—inebat eâ— armorum violentia as Williâ—m Thorne records was at last so just and equal to the English as to reform all his former extravagant acts of Injustice Exactions Oppressions to relâ—ase all unjust Taxes Exactions Oppressions and not to exact or raise any monies unjustly on the people upon any real or pretended necessity without their common consent in Parliament by any of his Officers should not our own English Conquerors domineering Grandees now much more imitate this his laudable Example who pretend not only to equal but exceed him in Saintship Justice Devotion no longer to oppress the griev'd people with their arbitrary Tyrannical Taxes Excises Imposts extravaganâ— violent poceedings in new wayes of highest Injustice as hitherto they have done against all their Oaths Covenants Declarations promises and Engagements to the Nation King Cnute returning from Rome into England Anno 1032. treated the English very justly and civilly confessed redressed his own former and his ancestors extortions oppressions rapines endowed many Monasteries with lands and priviledges and ratified them with his Charters Hereupon Brithmerus Abbot of Croyland Cum Cnutonem Regem super Angliam stabilitum cerneret universos Anglios civiliter satis amicabiliter tractare insuper sanctam Ecclesiam speciali devotione deligere ac filiali subjectione honorare monasteriis multisque sanctorum locis benè facere quaedam verò Monasteria ad summam gloriam promovere thereupon resolved to go to the King procure his Charter of confirmation of the Abbey Lands liberties of Croyland quorundam adversariorum qui tempore guerrae multum creverant vim formidans Which Charter he readily obtained in these memorable words wherein he acknowlegeth his rapines and bloodshed to posterity Cnutus Rex totius Angliae Danmarchiae Norwagiae magnae partis Swavorum omnibus Provinciis nationibus populis meae potestati Subjectis tam minoribus quam majoribus salutem Cum terram Angliae progenitores mei parentes DURIS EXTORTIONIBUS DIRIS DEPR
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 â—heir bodies were so cruelly slain in the fields without any fault which Queen Emma hearing of sent back her son Edward who remained with her with greatest haste into Normandy After which by the command of Earl Godwin and some others Prince Alfred being bound most straitly in chains was carried Prisoner to the Isle of Ely by ship where he no sooner arived but his eyes were most cruelly pulled out and so being led to the Monastery was delivered to the Monks to be kept where he soon after died and was there interred Some add that after Alfreds eyes were put out his belly was opened and one end of his bowels drawn out and fastened to a stake and his body pricked with sharp needles or poyneyards forced about till all his intrails were extracted in which most savage torture he ended his innocent life Ranulphus Cistrensis in his Polychronicon l. 6. c. 21. relates that Godwin used this strange cruelty towards those Normans that came over with Alfred whom he twice decimateâ— at Gildeford that he â—ipped up their bellies and fastned the ends of their guts to stakes that were reared and pyght in the ground and laid the bodies about the stakes till the last end of the guts came out The Author of the Book called Encomium Emmae and Speed out of him writes That Harold was no sooner established King but that he sought meanes how to rid Queen Emma secretly out of the way and maliciously purposing took counsel how he might train into his Hay the sons of Queen Emma that so all occasions of danger against him might at once for all be cut off Many projects propounded this lastly took effect that a Letter should be counterfeited in Queen Emma's name unto her sons Edward and Alfred â—o instigate them to attempt the Crown usurped by Harold against their right The Tenor of which Letter you may read in Speed This Letter being cunningly carried digested by Alfred as savoâ—ing of no falshood he returned answer he would come shortly over to attend his Mothers designs which Harold being informed of forelayes the coasts to apprehand him Upon his comming on shore in England Earl Godwin met him and binding his assurance with his corporal Oath became his Leige-man and guide to Queen Emma but being wrought firm for Harold treacherously led these Strangers a contrary way and lodging them at Guildford in several Companies there tithed and murthered them as aforesaid Henry Huntindon the Chroâ—icle of Bromton William Caxton in his Chronicle and another Historian mentioned by Mr. Fox record that this murther was after the death of King Harde-Cnute When the Earls and Barons of England by common assent and counsel sent into Normandy for these two Brethren Alfred and Edward intending to crown Alfred the elder Brother and to make him King of England and to this the Earls and Barons made their Oath But Earl Godwin of West-Sax sought to slay these two brethren so soon as they came into England to the intent he might make Harold his own son by Cnutes daughter or sister maried to him King as some of these affirm Others of them relate that he intended only to destroy Alfred being an Englishman by the Father but a Norman by the Mother whom he foresaw to be a person of such honour and courage that he would disdain to mary his daughter or to be swayed by him and then to mary his daughter Godith to Edward the younger Brother and to make him King as being of a more milde and simple disposition apt to be ruled by him Hereupon Godwin went to Southampton to meet with the two Brothers at their landing It fell out that the Messengers sent into Normandy found only Alfred there Edward being then gone into Hungarie to speak with his Cosen Edward the Outlaw Ironsides son When Alfred heard these Messengers tydings he thanked God and in all hast sped him to England ariving at Southampton with some of his Mothers kinred and many of his fellow-Souldiers of like age who were Normans Whereupon Godwin intimated to the Nobles of England That Alfred had brought over too great a company of Normans with him and had likewise promised the lands of the Englishmen to them and therefore it would not be safe to instirpate such a valiant and crafty Nation amongst them That these ought to undergoe exemplary punishment lest others by reason of their alliance to the King should presume to intrude themselves amongst the English And then posting to Southampton welcomed and received Alfred with much joy pretending to conduct him â—afe to London where the Barons waited for to make him King and expected his comming and so they passed forth together towards London But when they came to Guild-down Godwin said to Alfredâ— Lock round about thee on thy right hand and left and behold what a kingdom shall be subjugated to thy Dominion Upon which Alfred giving thanks to God presently promiâ—ed that if iâ— happened he should be crowned King He would constitute such Laws as should be pleasing and acceptable both to God and Man Which words were no sooner uttered but the Traytor Godwin commanded all his men to apprehend Alfred and to slay all the Normans that came with him in his company and after that to carry Alfred into the Isle of Ely and there to put out both his eys and to pull out his bowels which they accordingly executed as aforesaid And so died this innocent Alfâ—ed right heir to the Crown through the Treason of wicked Godwin When the Lords of England heard thereof and how Alfred that should have been their Kingâ— was put to deathâ— through the false Treason of Godwin against their wills 〈◊〉 were â—onderâ—ull sorrowâ—ull and wrâ—th and swore before God and Man that he should die a worser Death than did Edric which destroyed his Lord Edmond Ironside and would immediately have put him to death but that the Traytor fled and escaped into Denmark and there continued 4. yeares and more and lost all his Lands Rents Goods and Chattels in England confiscated in the mean time for this his Treason These Historians though they somewhat vary in the time and occasion of Prince Alfreds death yet they all agree in the substance of his and of his Norman Souldiers and Campanions treacherous barbarous murders by the joynt or separate
treacherie of Earl Godwin and his son Harold Which how fatal it proved to them both by Gods avenging Justice you shall hear in its due place and what divine vengeance it drew at last on the whole English Nation religious and judicious Mr. Iohn Fox informes us in these words This cruel fact of Godwin and his men against the innocent Normans whether it came of himself or of the Kings setting on seemeth to me to be the cause why the justice of God did shortly after avenge the quarrel of these Normans in conquering and subduing the English Nation by William the Conquerour and the Normans which came with him For so just and right it was that as the Normans coming with a natural English Prince were murdered of English men so afterwards the Englishmen should be slain and conquered by the Normans coming with a forein King being none of their natural Country After the bâ—nishment of Queen Emma out of and murder of Prince Alfred in England Harde-Cnute delaying the time in Denmark and deferring his coming inâ—o England thereupon Harold formerly King only of â—he Mercians and Northumbrians that he might râ—ign over all England in the year 1037. A Principibâ—s et omni Populo Rex eligitâ—râ— was elected King by all the Nobles and People Harde-Cnutus verò quia in Denmarchia mansâ—rat et ad Anglian ut rogabatur venire distulit penitus abjicitur as Florentius Wigorniensis Simeon Dunelmensis Hoveden Bromton Radulphus de Diceto and others inform us After which King Harold degenerating from Cnute his Father in all things took no care at all either of military or civil affairs nor of his own Courtly honour doing only his own will and contrary to his royal estate going more willingly on foot of which he was so swift that he was named Harefoot than riding on Horseback In his dayes there were rendred and paid to 16 Ships from every Port not In-land Towns 8. marks of Silver as in the time of his Father as Henry Huntindon records to which Iohn Speed subjoynes This Dane seeing his hazards prevented sought to secure himself and wâ—th 16 Ships of the Danish Fleet kept the Seas which continued ever in a readiness and wafted from port to port to the maintenance whereof he charged the English with great payments to their no little grudge and reviling whereby he lost the love of his Subjects before it hâ—d taken root in their hearts Neither held he long those disloyal courses for that his speedy death did cut off the infamy of a longer life he dying at Oxford where he was elected King without wife or children to survive his person or revive his name when he had reigned only 4. years and as many moneths Anno 1040. Upon the death of Harold Proceres tam Anglorum quam Danorum in unum concordantes sententiam the Nobâ—es both of the English and Danes assembling together in a Parliamentary Council and concording in one opinion sent Embassadours to Harde-Cnute then at Bruges in Flanders visiting Queen Emma his Mother where he had made great preparation of ships and land-forces to recover the Crown of England which belonged to him both by birth and compact from his brother Harold beseeching him to make hast into England and to take possession of the Crown thereof Whereupon he immediately consenting to the Counsel of the Nobles came speedily into England with 60 as some or 40 ships as others write furnished with Danish Souldiers and Mariners where he was recâ—ived with great joy elected King both by the English and Danes and solemnly crowned at London by Elnothus Archbishop of Canterbury Soon after he commanded Alfric Archbishop of Yorke Earl Godwin and others to digg up the interred corps of his brother King Harold out of his grave in London and his head to be cut off by the hangman and then both head and corps to be thrown into the Common sink and after that into the Thames And that partly in revenge of the injuries done by him to his Mother Queen Emma in banishing and spoiling her of her money and jewels against all right and justice and partly for his unjust invasion of the Crown of England but in truth as a just retaliation of his barbarous cruelty to Prince Alfred and his Normans For whose treacherous inhumane slaughter King Harde-Cnute deprived Alfred Bishop of Worcester of his Bishoprick whose hands were said to have been in Alfreds bloud And for which murder he likewise looked with an evil eye upon Earl Godwin compelling him to an Oath of Purgation touching the same Whereupon Godwin by his own Oath and the Oaths of most of the Nobles of the Realm his compurgators sworeâ— though most falsly That Prince Alfreds eyes were not put out nor he murdered as aforesaid by his Counsel or consent but what was done therein was only by the command of King Harold which he durst not resist Notwithstanding which Oath to purchase his peace with Harde-Cnute he presented him with a most rich and royal present to wit with a Ship whose stern was of gold with 80 Souldiers placed therein all uniformly and richly suited having on their heads gilt Burgonets on their armes bracelets of Gold on their bodies Habergeons Swords Battel-axes Targets and other arms after the Danish fashion all richly gilt with gilt bosses and darts in their hands Which Present though it pacified the Kings indignation yet it prevented not Gods avenging justice on him afterwards for Alfreds bloud thus partly avenged on Harolds carcasse which was cast into the Thames and mangled according to Hard-Cnutes command and lay floting on the water sundry dayes till a Fisherman in compassion took up his corps and buried it privately in St. Clements Danes Soon after Harde-Cnute in the second year of his reign commanded 8. Marks to be paid to every Mariner Some write 20. others 30. marks to every Shipwright of his Danish Navy besides a vast sum of money to his Land-Army Hujus anno secundo redditus est Census Exercitui Dacorum scilicet 21000 lib. 89 lib. Et posteà sunt redditae 32. puppibus 11000 lib. 48. lib. writes Henry Huntindon Tributum inexorabile et importabile Angliae imposuit ut Classiariis suis per singulas nâ—ves viginâ—i â—ac triginti marcas ex pollicito pensitaret Quod dum importune per Angliam exigitur duo infestius hoc munus exequentes a Wigorniae Civibus extincti sunt as Will of Malmsbury expresseth it Hic etiam contra omnem spem octo Marcas unicuique remigi Classis suae de importabili tributo Angliae solvi fecit So Bromton Which â—lorentius Wigorniensis Hoveden Simeon Dunelmensis Matthew Westminster Polychronicon Caxton Fabian Holinshed Grafton and Speed thus more at large relate Anno 1040. Octo Marcas unicuique suae classis Remigi et 12. unicuique gubernatori de tota Anglia praecepit dependi Tributum videlicet tam grave ut
disclaiming all Danish subjection that especially for the contâ—mpts which the English had very often received from the Danes For if a Dane had met an Englishmâ—n upon any bridge the Englishman must not be so hardy to move a â—oot but stand stâ—ll till the Dane was passed quiâ—e over it And morâ—over if the Englishmen had not bowed down their heads to doe reverence to the Dâ—nâ—s they should presently have undergoâ—e great punishments and stripes Whereupon King Harde-Cnute being dead the English rising up against them drove all the Danes being then without a King and Captainâ— out of the Realm of England who speedily quâ—tting the land never returned into it afterwards And here we may justly stand still a while and contemplate the admirable retaliating justice of God upon our Danish usurping Kings and their Posterity King Cnute as you heard before caused the temporizing English Bishops Nobles and Barons assembled in a Parliamentary Council against their oaths of allegiance to King Ethelred Edmund Ironside and their heirs no less then twice one after another to renounce cast off and abjure their regall Posterity to make them incapable of the Crowne of England and settle the inheritancâ— of iâ— upon him and his Danish blood Anno 1016. and 1017. And now in little more then twenty years after all the English Prelates and Nobles assembled in Council of their own accords by a solemn Decree aâ—d Oath abjure renounce and eternally disinherit all the Danish blood-royall of the Crown of England and restore the Saxon English royall line to that soveraignty which they had formerly disclaimed such are the vicissitudes of divine â—ustice and providence worthy our observation in these wheeling times wherein we live when no man knoweth what changes of like nature one day or year may bring forth The English putting their Decree for cashiering all the Danes in execution turned the mout of all the Castles Forts Garrisons Cities Villages thâ—oughout England as well those of the Royall and Noble blood â— as the vulgar sort and forced them to depart the Realm as they had formerly banished the English Princes and Nobles Procâ—reâ— igitur Anglorum jam DACORUM DOMINIO LIBERATI The Nobles therefore of Engl. being thus freed from the Danes dominion for so much of God of his mercy and providence who is the maker of heirs thought good after the woâ—ull captivity of the English Nation to grant them some respite of deliverance in taking away the Danish Kings without any issue left behinde them who reigning here in England kept the English people in miserable subjection about the space of 28 years and from their first landing in the time of King Brictricus wasted and vexed this land for the space of 255 years their Tyranny now coming to an end by the death of Harde Cnute they thereupon assembling together in a great Council with a generall consent elected Prince Edward surnamed the Confessor the youngest and onely surviving son of King Ethelred for their King who ANNUENTE CLERO ET POPULO LONDONIIS IN REGEM ELIGITUR as Mat. Westminster relates whereupon Edward being then in Normandy where he had long lived in exile being a man of a gentle and soft spirit more appliable to other mens counsels then able to trust his own naturally so averse from all war bloodshed that he wished rather to continue all his life long in a private exiled estate then by war or blood to aspire to the Crown the Lords sent messengers to him to come over and take pâ—aceable possession of the Kingdome of England they having chosen him for their King advising him to bring with him as few Normans as he could and they would most faithfully establish him in the throne Edward though at first he much doubted what course to stear somewhat mistrusting the treachery and inconstancy of the fickle headed English yet at last upon the importunity of the messengers who informed him melius esse ut vivat gloriosus in Imperio quà m ignominiosus moriaâ—ur in exiliâ— JURE EI COMPETERE REGNUM aevo maturo laboribus defaecato scieâ—ti administrare principatum per aetatenâ— severè miserias Provinciâ—lium 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 Gilingâ—am or rather Lâ—ndoniam â— CONGREGATO CONCILIO rationibus suis explicitis regem effecit Dominio palam ab omnibus daâ—o 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 unanimouâ— consent of the Archbishops Bishops Nobles Cleâ—gie and people of Englaâ—d 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 thâ— whole royal issue of the English race almost pâ—st any possibility or probabiâ—ity of their restitution to the Crown which he had forcibly invaded by the sword on a certain night fell into a sâ—d deep contemplation of the forlorn condition of the royall Progeny of the English nation then almoâ—t 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. Petâ—r 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 Kiâ—gdome 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 Hardâ—-Cnute's death Take the relation of it in Abbot Ailreds words and of Brigâ—twolds 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 praeferiur 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 designarâ— desiderans QUID SINGULIS QUI DVE OMNIBUS VIDERETUR EXPLORAT Pro diversorum diversa senentia res pendebat in dubio Alii enim Eadmundum ob invictissimum robur corporis caeâ—eris aestimant praeferendum alii ob virtutem Normannici geneâ—is Aluredum promovâ—ndum tutiùs arbitrantur Sed futurorum omnium praescius prioris brevissimam vitam alâ—erius mortem immaturam prospiciâ—ns in pueruÌ„ nec dum natuÌ„ UNIVERSORUM VOTA CONVERTIT Vtero adhuc clauditur in Regem eligitur non natus natis praefertur quem nec dum terra susceperat terrae dominus designatur Praebet electâ—oni REX CONSENSUM laeti PRAEBENT PROCERES SACRAMENTUM inusitato miraculo IN Ejus FIDELITATE JURARUNT qui utrum nasceretur ignorarunt Tua haec sunt oâ—â—ra Christe Jesu qui omnia operaris in omnibus qui electum dilectum tibi anâ—e mundi constitutionem plebis tui rectoâ—em hiis indiciis declarasti quem liâ—èt per illos non tamen illi sâ—d tu potius elegisti Quis enim non videat â—ec aptum usui nec conveniens tempoâ—i nec consonum rationi nec humano ferendum fuisse sensui us omissis filiâ— lâ—giâ—imâ—s adultis hostili gladio imminente parvulus necdum natus ELIGERETUR IN REGEM quem in tali nâ—cessitate nâ—c hostes mâ—tuerent nec cives revererentur Sed omnipotens Deus Spiritum prophesiae vâ—ci simul affectui plebis infudit praesentia malâ—spe futurae consolationis temperans ut sciant omnes in totius regni consolatâ—onem regem futurum quem ab ipso Deo plebe nesciente quid fecerit nullus dabitaret electum Saevibat interim gladius hostilis in Anglia caedibus rapinis omnia replebantur ubique luctus ubique clamor ubique desolatio Incenduntur ecclesiae monasteria devastantur ut verbis propheticis utar effuderuâ—t sanguinem sanctorum in circuitu Jerusalem non erat qui sepeliret Sacerdotes suis fugati sedibus sicubi pax quies aliqua in monasteriis vel locis desertis invâ—niebatur communem miseriam deplorantes delitescebant Inter quos vener abilis Bryghtwaldus Wintoniensis Episcopus caenobium 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 prices tandem lachrimas â—atigatum soper suavis excepit viditque per somnium caelâ—stem chorum cum lumine beaâ—issimumque Petrum in â—minâ—nti loco constitutum dignum tantae majestati habiâ—um praeferentem Videbaâ—ur ante eum vir praeclari vultus in forma decenâ—i regalibus amictus insigniis quâ—m cum pâ—opriis manibus Apostolus censecrasset uuxissâ—t in regemâ— monita saluâ—is adjicit praecipuâ—quâ— caelibâ—m vitam commendans quot esset annos regnaturus apeâ—uit Oâ—stupefactus Praesul tanti novitate miâ—aculi petit sibi à sanâ—â—o visionis hujus mysterium revelari de statu insuper regni instantis â—ine periculi apostolicum exegit oraculum Tunc factus vulâ—u placido in tuins inâ—uentem Domini inquit o Praesul Domini est regnum ipse dominatur in filiis hominum Ipse transfert regna mutatimperia propter peccata populi regnare facit hypocritam Peccatum pâ—ccavit populus tuus Domino tradidit eos in manus Gentium dominati sunt etiam qui oderunt eos Sed non obliviscitur misereri Deus nec continebit in ira sua milericordias suas Erit enim cum dormis cum patribus tuis sepultus in senectute bona visitabit Dominus populuÌ„ suuÌ„ faciet redemtionem plebis suae Eliget enim sibi viruÌ„ secundum cor suum qui faciet omnes voluntates suas qui me opitulante regnuÌ„ adeptus Anglorum Danico furori finem imponet Erit enim acceptus Deo gratus hominibus amabilis civibus terribilis hostibus utilis ecclesiae Qui cum praescriptum terminuÌ„ regnandi in justitia pace compleverit laudabilem vitam sancto fine concludet Quae omnia in beato Edwardo completa râ—i â—xiâ—us comprobavit Expergefactus Pontifâ—x ruâ—sus ad preces lacâ—imasque convertitur licet faelicitatâ—m suae gentis non esset ipse visurus de malorum tamen fine câ—rtus effectus gratias agens Deo plurimum gratulabaturâ— Faâ—tus igitur animaequior populis poeniâ—entiam praedicabat quibus Dâ—us misericordiam non defuturam constantissimâ— pollicabaâ—ur From these passages whether reall as manâ— as fictitious as some repute them I shall onely observe these reall Truths 1. That in King Eâ—helreds reign great Parliamentary Councils were usually assembled to consult of the weighty affairs state if not succession of the Realm of England 2. That godly men in all ages have been deeply affected with the misery exile disinheriting and exâ—irpation of the Royal Issue and Posterity by invading forreign usurpers and with the oppressions of their native countrey under their usuâ—ped power and have poured forth frequent and fervent prayers unto God in secreâ— for their restitution and relief 3. That the Nobility Clergy and people of England have ever had a propense naturall inclination and affection to the true royall Blood and Posterity of the Nation though forcibly constrained to abjure and renounâ—e them for a season by prevailing Intruders electing them for their Kings and preferring them before all others upon the very next opportunity to vindicate their rights and liberties and rejecting the usurpers and their race 4. That though the Kings of England were usually reputed hereditary yet in truth they were for the most part actually elected by the Prelates and Nobles in parliamentary Councils and appointed by the generality of the Clergy and people and had oaths of allegiance given to them by their subjects 5. That God doth many times beyond all probability and expectation restore disinherited Princes to their Crowns of which they have been â—orcibly deprived after many years dispossession and withouâ— any wars or effusion of blood even by the Nobles and peoples own voluntary choice and
act without their seeking as he did here restore Prince Edward after 25 years interruption and Aurelius Ambrosius long before to the British Crown to omit all others 6. That Crowns invaded ravished by force of armes and bloodshed are seldome long or peaceably enjoyed by the usurpers themselves or their posterity that of Curtius being an experimentall truth Non est diuâ—turna possessio in quam gladio inducimur All which we find experimentally verified in this History of King Edward his election and restitution to the Crown of England worthy our special observation King Edw. coming to the Crown was not onely very charitable to the poor humble mercifull and just towards all men but also PLURES Lâ—GES BONAS IN ANGLIA STATUIT quae pro majore paâ—te adhuc in regno tenerentur Whereupon about the year 1043. as the Chronâ—cle of Brompton William Caxton in his Chronicle and Mr. Selden inform us Earl Godwin a fugitive in Denmark for the murther of prince Alfred hearing of his piety and mercy resolved to return into England humbly to implore his mercy and grace that he might have his lands again that were confiscated having provided all things for his voyage he put to sea and arrived in Englanâ— and then posted to London UBI REX ET OMNES MAGNATES AD PARLIAMENTUM TUM FUERUNT Where the King and all the Nobles were then at a parliament here he beseeched intreated his friends kindred who were the greatest Lords of the land after the King that they would study to procure to him the Kings Grace and friendship who having thereupon taken deliberate counsel among themselves led him with them before the King to seek his Grace But so soon as the King saw him he presently appealed him of TREASON of the death of Alfred his brother and using these words unto him said THOU TRAITOUR GODVVIN â— THEE APPEAL FOR THE DEATH OF ALFRED MY BROTHER WHOM THOU HAST TRAITâ—ROUSLY SLAIN To whom Godwin excusing himself answered My Lord and King saving your Revereâ—câ— and Grace Peace Lordship I never betrayed nor yeâ— slew your Brother unde super hoc pono me IN CONSIDERATIONE CURIAE VESTRAE whence I put my sâ—lf upon the consideration and judgement of your Courâ— concerning this matter Then said the King KARISSIMI DOMINI COMITES ET BARONES TERRAE c. Most dear Lords Earls and Barons of the land who are my Liege-men now here assembled you have heard both my appeale and Godwins answer Volo quod inter Nos in iâ—ta appellatione RECTUM JUDICIUM DECERNATIS ET DEBITAM JUSTITIAM FACIATIS I will that between us in this appeale you award right Iudgement and do due Iusticâ— COMITIBUS VERO ET BARONIBUS SUPER HOC AD INVICEM TRACTANTIBUS Hereupon the Earls and Barons debating upon this businesse among themselves some among thâ—m were different in their opinions from others in doing just judgemâ—nt herein For some said that Godwin was never obliged to the King so Bromton to Alfred writes Caxâ—on by homage service or fealty and therefore HE WAS NOT HIS TRAITOUR and that he had not slain Alfred with his own hands But others said Quod Comes nec Baro nec aliquis Regi subditus BELLUM CONTRA REGEM IN APPELLATIONE SUA DE LEGE POTâ—ST VADIARE That neither the Earl nor any Baron nor any Subject to the King could by the Law wage Battel against the King in his Appeal but ought wholy to put himself in his mercy and to offer him competent amends Then Leofric Earl of Chester or Coventry as Caxton a good man towards God and the world spake and said The Earl Godwin after the King is a man of the best parentage of all England and he cannot deny but that BY HIS COUNCEL Alfred thâ— Kings Brother was slain wherefore I award as touching my parâ— that himself and his son and every of us DUODECIM COMITES the twelve Earls who are his friends and kinsmen shâ—uld go humbly before the King laden with as much gold and silver as every of us can carry between his arms offering that to him for his trespasse and submissively deprâ—cating that he woulâ— pardon all his rancour and ill-will to the Earle and receiving his homage and fealâ—y he would restore and redeliver his lands intirely to himâ— Vnto which award THEY ALL ACCORDING they all laded themselves with treasure in the manner aforesaid and gâ—ing to the King declared unto him the order and mannâ—r of their JUDGEMENT or AVVARD QUORUM CONSIDERATIONI REX CONTRADICERE NOLENS QUICQUID JUDICAVERANT PER OMNIA RATIâ—ICAVIT The King not willing to contradict them in any thing thâ—y had judged ratified the same in all things An agreement therefore being made between thâ—m in this manner the Earl presently regained all his lands The generality of our Historians as Bromâ—on confesseth deny that Godwin ever fled into Dâ—nmark or left England for the murder of Alfred they generally affâ—rming that he purged himself thereof though falsly CORAM PROCERIBUS before the Nobles in the reign of Harde-Cnute swearing with his compurgators that he never consented to his death NISI REGIA VI COACTUS but through compulsion by royall violence Recording likewise that after the death of King Harde-Cnute Prince Edward was called out of Normandy and elected King principally by the help and counsel of Earle Godwin himself who as Malmesbuâ—y and others write perswaded him to accept the Crown and precontracted with him before hâ— came into England Paciscatur ergo sibi amicitiam solidam filiis honores integros filiae matrimonium brevi futurum ut se Regem videat qui nunc vitae naufragus exul spei alterius opem implorat Utrinque fide data quicquid petebatur sacramento firmavit If there were then any such Parliament as this then held at London and such proceedings in it concerning Godwin it was most probably in the year 1043â— as I here place it And from these memorable proceedings in it we may observe 1. That there is mention onely of the King Earls and Barons present in this Parliament as members of it not of any Knights of shires Citizens or Burgesses elected by the people of which there is not one syllable 2. That the Earls and Barons in Parliament were the onely judges in that age in Parliament between the King and his Nobles subjects both in criminal and other causes there decided 3. That Peers in that age were onely tryed and judged by their Peers for treason and capitall offences 4. That appeals of Treason were then tryed in Parliament and the Earls and Barons the sole Judges of them and of what offences were Treason and what not 5. That the Bishops and Clergy in that age had no votes in matters of Treason and capitall offences 6. That the Judgement of Parliament then reâ—ted properly in the Earls and Barons not the King and that their judgement was not repealable by but obligatory to the
prius amisisse monastâ—rium suum consequenter manâ—rium ad monasterium quondam pertinens similiter Edmerus miles dominus de Holbrok calumniam movâ—t contra eundem Abbatem monachos suos de manerio suo de Maksey Horsingus de Wathe calumniatus est pro Manerio suo de Badingâ—oÌ„ Siwardus Comes de Manerio suo de Bernack Hugolonus Thesaurarius de Manerio de Helieston alii plures de allis mane iis dicto Monasterio dudum pertinentibu omnes eadem ratione in dicta causa contra Monachos obtinuerunt tam de maneriis quam de Monasterio suo dictus Abbas de Peibec ac Monachi sui nequiter crudâ—liter ejecâ—i sunt ut nunquam alicui veniat damnum solum Cum itaque Abbas Wulgatus conventus suus Monachi scilâ—cet c sic de Monasterio destituti vagabundi in proximo dispergendi in â—mnem ventum pro extrâ—ma miseria fluâ—â—uarent misertus eorum piissimus Râ—x Edwardus Omnes in suam curiam suscepit uâ—quequo eis provideret suam capellam ac aulam quotiâ—ie frequentare imperavit The Abbot of Croyland dying soon after and his pastorall staff by which he was invested being presented by the Prior and two Monks to King Edward the King thereupon immediately invested Wulgatus in the Regiment of the Monastery of Croyland by the delivery of the Pastorall staff unto him seconded with his Charter of donation without any election by the Covent Inter praecipua Monasteria tunc magno nomine praedicabatur Croilandia tot tanta in tempore Danicae Tribulationis in Regis curiam semper manu promptissima effuderat donaria ET TRIBUTA A multis itaque annis retroactis NULLA ELECTIO PRAELATORUM ERAT MERE LIBERA ET CANONICA SED OMNES DIGNITATES TAM EPISCOPORUM QUAM ABBATUM PER ANNULUM ET BACULUM Râ—GIS CURIA PRO SUA COMPLACENTIA CONFEREBAT These proceedings and judgements against the Abbot Monks of S. Pega and Peikirk were the occasion as I conceive of this passage in William of Malmesb. touching King Edwards reign Fuerunt tamâ—n nonnulla quae gloriam tempoâ—um deturbarent Monasteria tunc monachis viduata PRAVA JUDICIA A PRAVIS HOMINIBUS COMMISSA c. Sed harum rerum invidiam amatores ipsum ita extenuare conantur Monasteriorum destructio PERVERSITAS JUDICIORUM non ejus scientia sed per Godwini filiorumque ejus sunt commissa violâ—ntiam qui regis indulgentiam videbanâ— postea tâ—men ad eum delata acriter eorum exilio vindicata To which may be referred that story of Walter Mapaeus in Mr. Cambdens Britannia p. 374.375 of Earl Godwins thrusting the Abbesse of Berkley and her Nunnes out of the Monastery of Berkley which he begged of King Edward by this wile He caused a young Nephew of his feigning himself sick to lie so long in the Nunnery tâ—ll he left the Abbesse and all her Nunnes great with child and then complaining of proving this their incontinency before the King ejected the Abbesse and Nunnes and gained the Nunnerâ— and Manour of Berkley to himself worth 500l revenue Together with this Godwins cheating the Archbishop of Canterbury of his Manour of Boseam in Sussex by a wily word-trap and equivocation recorded by the same authors King Edward Anno 1049. was so deeply affected and ravished with Gods extraordinary mercy towards him in preserving him like another Ioash from the cruelty of the bloody Danes and restoring him beyond expectation to the Crown of England without his seeking or the least effusion of blood after sundry years dispossession by the Danish Intruders that thereupon he vowed a solemn pilgrimage to Rome there to render humble thanks and gifts to God for this signall mercy For diligently having prepared great summes of money to defray his expences with many rich presents he assembled all the Nobles and Prelates of the Realm in a Parliamentary Council acquainting them with this his vow and intended pilgrimage and craving their advice how the Realme might be justly governed preserved in peace and defended in his absence till his returne from Rome Upon which the Nobles after serious consultation considering the great inconveniences and perils that might beâ—all the kingdome by his absence being but newly setled and the manifold dangers that might happen to him in so long a journey and what new troubles and mishaps might befall the Realm if he should miscarry in the way having no issue would by no meanes permit him to undertake this pilgrimage but disswaded hâ—m from it and by common consent at last agreed to send solemn Ambassadours from the King and them to the Popâ— to râ—present the incâ—nveniences and perils that might befall the Realm by his absâ—nce from it and thereupon to procure a dispensation from this his vow and pilgrimage Which the Ambassadours accordingly representing the Pope thereupon dispensed with the Kings vow upoâ— this condition and firme injunction that the King should distâ—ibute to the poore all the expences he had provided for his journey and should eiâ—her build a new or repaire an old Monastery in honour of S. Peter the Prince of the Apostles and endow it with sufficient revenues to maintain the Monks confiâ—ming by his Apostolicall Authority all the lands or revenues which the King or any other should conferre upon that Monastery and whatever priviledges he would think fit to grant thereunto pertaining to the honour of God and denouncing an eternall malediction against the infringers of them The Ambassadours returning with this dispensation St. Peter revealed to one Vlsin a Monk and Anchorite that his will was that the place called Westminster then lying ruinous shâ—uld be restorâ—d which vision when he had related to the King and his Couâ—cil REX TOTIUS REGNI CONSILIO The King by the advice of the whole Realmâ— assembled in a parliamentary council rebuilt the foresaid place and endowed and enlarged it with very ample possessions rents and liberties The passages of this story being very memorable and pertinent to my discourse I shall present you with them at large in the words of Abbot Ailred who thus records them Succedentibus prosperis Rex beatus nequâ—quam sui sponsionis est oblitus nec in die bonorum immemor â—uit malorum Sed cogitans recogitans quanta sibi fecerit Dominus qui ditavit egenum sublimavit humilem inglorium coronavit parat reddere vota quae distrinxerunt labia ejus Parat sumptus separat donaria VOCATISQUE TOTIUS REGNI PRIMATIBUS habuit cum eis hujusmodi vel DE STATU REGNI vel DE SUA PEREGRINATIONE SERMONEM Benedictus Dius qui magnificavit misericâ—rdiam suam facere nobiscum qui visitavit in virga iniquitates nostras in verberibus peccata nostra pietatem suam non amovit à nobis Ecce quomodo deposuit potentes exaltavit humiles quomodo esurienâ—es implevit bonis divites
Danicos solidarios imposuerat as Brompton renders it in another place Roger de Hunedon Annalium pars 1. p. 441. Rodolphus de Diceto Abbreviatione Chronicorum col 145. â—â—e the same words Ailredus Abbas Rievallis de vita miraculis Edwardi Confessori Col. 383. thus relates it Insuper Tributum illud gravissimum quod tempore patris sui primo classi Danicae pendebâ—tur Postmodum vero fisco regio Annis singulis inferâ—batur regia liberalitate remisit et ab onere hoc importabili in perpetuum Angliam absolvit Vnde sancto huic regi non inconvenienter aptatur quod scriptum est Bâ—â—tus vir qui inventus sine macula qui post aurum non abiit nec speravit in pecuniae thesauris Post aurum non abiit quod potius dâ—spersit nec speravit in thesauris quos in Dei opere non tam minuit quam consumpsit Matthew Westminster records it in these words Anno gratiae 1051. Rex Edwardus A vectigali gravissimo Anglos absolvit quod patre vivente Danicis stipendâ—ariis Triginto octo millia librarum solvi consuevit Henry de Knighton De eventibus Angliae l. 1. c. 9. fol. 233 1â— and Higden in his Polychronicon lib. 6. c. 24. f. 254. thus relate it Rex Edvardus absolvit Anglos a Gravi Tributo quod paâ—ur ejus Ethelredus Danicis solidariis solvi fecerat jam per 40. annos duraverat which Fabian in his Cronicle part 8. c. 210. p. 282. Graâ—ton in his Cronicle p. 170. Speed in his History p. 410. Holinshâ—ad and others thus expresse This King Enward discharged English men of the great and most heavy Tribute called Danegeld which his Father Ethelred had made them pay to the Souldiers of Denmark and had then dured 40. years So that after that day it was no more gathered Abbot Iuguphus Historiae pag. 897. thus records it more at large Eodem etiam Anno 1051. cum terra non daret solitâ fertilitate fructus suos sed fames plurimos habitatores devoraret in tantum ut bladuum carentia panis inopia multa hominum millia morierentur miserecordiâ motus super populum piâ—ssimus Rex Edwardus Tributum gravisimum quod Danigelo dicebatur omni Angliae in perpetuum relaxavit Ferunt quidam regem sanctissimum cum dictum DANIGELD cublcularii sui collectum in regis cameram infudissent ad videndum tanti Thesauri cumulum ipsum adduxissent ad primum aspectum exhorruisse protestantem Se daemonem super acervum pecuniae saltantem nimio gaudio exultantem prospexisse unde pristinis possessoribus jussit statim reddere de tam fera exactione ne jota unum voluit retinere quin in perpetuum remisit anno scilicet 38. ex quo tempore Regis Ethelredi patris sui Suanus Rex Danorum suo exercitui illud solvi singulis annis imperavit This History of the Devils dancing upon this Mony is thus more fully related by Roger de Honeden Annaliâ—m pars prior pag. 447. Item de eodem Rege Edvardo quadam die contigit quod cum praedistus Rex Anglorum Edwardus Regninâ comite Haraldo deducentibus aerarium suum intravit ut pecuniam videret magnam quam Regina Comes Haraldus Rege ipso nesciente colligissent ad opus Regis scilicet per singulos comitatus totius Angliae de unaquaque hida terrae quatuor denarios ut Rex inde contra natale Domini pannos emeret ad opus militum servientium suorum cumque Rex intrasset aerarium suum comitantibus Regnia Comite Haraldo videt diabolum sedentem inter Denarios illos ait illi Rex quid hic facis cui daemon respondit custodio hic pecuniam meam dixit Rex conjuro te per Patrem Filium Spiritum sanctum ut indices mihi Quamobrem pecunia ista tua est respondens dixit ei daemon Quia injuste accquisita est de substantia pauperum Illi autem qui illum comitabantur stabant stupefacti audientes quidem illos loquentes neminem autem videntes praeter solum Regem ait illis Rex Reddite denarios istos illis a quibus capti sunt fecerunt sicut praecepit illis Rex which is likewise remembred by Capgrave Surius Ribadeniera and others in the life of King Edward the Confessor From all which relations compared together it is apparent First That Dangeld was a great most heavy and intolerable Tribute first imposed in King Ethelreds reign to pay the Danish Navy and Souldiers then invading England to keep them from plundering and spoiling the people 2. That King Swane the invading and usurping Dane after he had gotten the power of this Realm imposed it annualy on the English and made it any early Tribute to pay his Army 3. That the Danish succeding Kings continued and made it a kind of annual revenue to cloath and pay their Souldiers and Marriners for sundry years together 4. That it was yearly paid unto the Kings Exchequer and reduced to a certainty to wit four pence a year out of every Hide or plough land thorowout England or else twelve pence or two shilings a year as the laws of Edward the Confessor the black Book of the Exchequâ—r and Sir Henry Spelman in his Glossaryâ— Title Danegold affirms 5. That King Edwards Officers after the Danish Kings expired reignes did collect it of the English Subjects without his privitie to cloath and pay his Souldiers and followers 6. That he out of mercy piety conscience and justice to his people not only restored it to them when collected and brought into his Exchequer without retaining one farthing of it but likewise for ever released it to them so that it was no more collected during his reign 7. That Taxes unjustly leavied upon the poor oppressed people are very pleasing and acceptable to the devill himself who claimes the money so collected for his own and that the Collectors and exacters of such Taxes though for the payment of Armies and Souldiers are really but the devils agents and instruments who will one day pay them their deserved wages 8. That heavy oppressions and taxes though for pretended publike necessities continued for many years together ought not onely to be eternally remitted but restored when collected by all conscientious piouâ— righteous mercifull Saintlike Kings and Governours 9. That illegall heavy Taxeâ— imposed by or for invading Usurpers if once submitted to and not strongly opposed by the generality of the people wil soon be claymed lâ—avied as a customary early legall revennue both by the imposers and their successors and hardly be laid down and discontinued again for the peoples ease 10. That this tax of Danegeld amounting but to thirty eight or fourty thousand poâ—nds in one whole year was in truth an heavy and intolerable burden and grievous oppression to the whole Nâ—tion fit to be abolished aâ—d released especially in times
and slaying such as resisted them Then marching from Severn into the confines of Somersetshire and Dorsetshire they plundered many Towns and Villagâ—s in those parts against whom a great multitude assembled out of these two Counties making head were incountred and routed by Harold many of their chief Officers and others being slain After which they returning to their ships with great booties sailed round about by the shore to Plimoâ—th Upon this King Edward speedily sent forth forty ships well victualed and furnished with choice Souldiers commanding them to watch for and resist the coming and landing of Earle Godwin who without their privity coming with a few ships undescerned out of Flanders practised pyracy and pillaged the sea-coasts of Kent and Sussex and at last came to the Isle of Weight where his two sonnes Harold and Leofric joyning their ships and Forces with his they studiously plotted how they might aveng themselves upon King Edward by sea Griffin King of VVales in the mean time by their instigation depopulating Herefordshire by land slaying many of the Countrey people who resisted him On the Kings part there were about sixty ships assembled together to oppose Harold riding at anchor the Admirals of which Navy were the Earls Odo and Ralph the Kings kinsmen neither was the King himself sloathfull in this necessity lying all night on shipboard and diligently observing the excursions of these Pyrates executing that by sage counsel which by reason of age he could not act with his hand When both Navies were drawn near together and ready to grapple with and encounter each other a thick fogge and cloud sodainly arising blinded the eyes of these furiou persons and restrained the wretched audacity of these mortals so that they could not encounter each other Godwin with his companions being forced by the winds to returne from whence they came After which Godwin and his sonnes by secret messengers drew unto their party an innumerable company of the inhabitants of Kent Essex Sussex and Surry and all the Mariners of Hastings with many Souldiers and having drawn together a very great Army out of those parts who all promised with one voice To live and dye with Godwin forbearing all plunder and depopulation after they met together taking only victuals for their Army when occasion and necessity required and alluring all they could to their party they marched with their forces first to Sandwich Which the King hearing of being then at London speedily sent messengers to all who had not revolted from him to come with all speed to his assistance who delaying overlong came not at the time appointed In the mean while Godwin comes up the Thames with his Navy and Army toward London and pitched his Tents in Souâ—hwark near the City King Edward who was then at London had assembled a great company of armed men together and no small Navy to pursue Godwin and his sonnes both by Sea and Land But because very few with the King or Godwin had courage to fight with each other and the English whose sonnes Nephews Kinsmen and Friends were with Godwin and Harold refused to fight against their own parents kinred of the Kings party thereupon some wise men on both parts diligently endeavored to make a firme peace and reconciliation between the King and Godwin and commanded the Armies and Navies to forbear fighting Godwin being aged and potent both with his favour and tongue to bow the mindes of his auditors very well purged himself from all the things objected against him The next morning Rex habens cum Primaribus suis Concilio the King taking Counsel with his Nobles restored Godwin and all his sonnes except Swane who went on Pilgrimage barefoot to Ierusalem to expiate the murder of Beorne together with the Queen his daughter to their former honours Godwin giving his Sonne VVolnoth and Hake the Son of Swane his hostages to the King for his keeping of the peace and future loyaltie to hâ—m whom the King immediatly sent into Normandy to be kept there A concord and peace being thus made and ratified the King and Nobles omni populo bonas Leges rectam justitiam promiserunt promised good Laws and râ—ght Iusticâ— to all the people then they banished Robert arch-bishop o Canterbury Willâ—am Bâ—shop of London Vlfe Bishop of Dorchester and all the other Normans who incensâ—d and gave the King evill counsel against Earle Godwin and the English and had invented unjust laws and pronounced unjust judgements against them permitting only some few Normans nominated in our Histoâ—ians whom the King loved more than the rest and who had been faithfull to him and all the people to remain in England Not long after VVilliam Bishop of London was for his goodnesse recalled and restored to his Bishoprick but Stigand was made Archbishop of Canterbury in the place of Robert and Osburne and Hugh two Normans by birth leaving their Castles here went to the King of Scots who entertained them and so the land was freed from these forreign incendiaries Normannos omnes ignominâ notatos prolata Sententia in Robertum Archiepisâ— ejusque complices quod statum regni conturbarant animum Regis in provinciales agitantes Upon this sentence denounced Robert and others of them presently fled the Realme of their own accord withoâ—t expecting any actual violence to banish and expell them From all these memorable Historical passages as we may observe the great unconstancy vicissitude and changes of earthly Princes favours worldly honours preferments and popular favour with the great inconveniencies of admitting or advancing forreigners to any places of trust or power under the King or Court so we may likewise conclude that by the Law of that Age. 1. That no Englâ—sh man ought to be condemâ—ned executed imprisoned or put to death upon any great mans bare suggestion no not by the Kings owâ— speciall command which if given ought to be disobeyed in such cases but only by and after a Legall hearing tryall and conviction of the offence 2. That the Kings of England were then sworn and obliged to govern their people by good just and wholesome Laws and Customes not by their arbitrary pleasures powers or commands 3. That the Parliamentary Councels and Nobles in that age were very carefull to defend and maintain the Liberties Rights good Laws and Customs of the people and to prevent and abolish all unjust Laws and Encroachments repugnant to them 4. That Parliamentary Conncels were then frequently summoned by the King upon all publique emergent occasions and differences and to make war and peace either at home or in forreign parts 5. That the Parliamentary Councels of that time consisted of the Earles Barons Nobles and Praelates of the Realme duly summoned to them without any mention of Knights or Burgesses elected and sent to them by the people of which there are no presidents in this Kings reign Enough to prove Modus Tenendi Parliamentum supposed to be made and observed in this age a meere
cheating imposture of later daies as in truth it is 6. That all delinquents of what quality soever justly or unjustly accused ought to appear and justify themselves before the King and his Nobles in their Parliamentary Councels without armed Guards forces Tergiversation or resistance upon due suÌ„mons to appear before them by the Laws of that time 7. That Kings and great mens coming to Parliamentary Councels with Armies strong armed Guards and holding them with power or under Armies is inconsistent with their Liberty Priviledges and are an occasion of civill wars disturbances much mischief to the Nation as then they proved 8. That English Peers then were and ought to be tried banished judged by their Peers both in Parliamentary Councels and other Courts 9. That no English Peer or Freeman could then be lawfully and judically banished the Realme but in and by sentence and judgement of a Parliamentary Councel for some contempt or offence demeriting such a punishment 10. That Peers and great men obstinately refusing to submit themselves to the triall and judgement of Parliamentary Councels or to appear in them or the Kings Courts to justify themselves without hostages fiâ—t given for their securiy may justly be sentenced and banished by our Parliaments for such contempts and affronts to justice 11. That the subjects were bound to ayd and assist their Kings as wel against Traitors Rebels Pyrates as against forreign enemies under our Saxon Kings 12. That forreigners are usually the greatest occasioners and fomenters of civil wars That such Incendiaries deserve justly to be banished the Nation And that civill wars between King and subjects English and English and their shedding of one anothers blood in such wars was then deemed most unnatural odious execrable by all prudent means and councels to be timely and carefully prevented and not to be begun or undertaken but by good advice and common consent in great Parliamentary Councelâ— upon weighty urgent inevitable necessities 13. That the abolishing of ill and enacting of good Laws the removing of ill Counsellors and Instruments about Kings ordering matters of war and defence by Land and Sea and setling of peace were the antient proper works businesses imployments of our Saxon Parliaments 14. That the English Freemen have been always apt forwards cordially to joyn with such Nobles and Great men who are most cordial and active to defend their just Liberties Laws Rights against foreiners and others who invade them Soon after the forementioned agreement between the King and Godwin King Edward according to his forementioned promises to make good Laws for all his people out of all the former British and Saxon Laws by Order of his Wisemen compiled an universal common Law for all the people throughout the whole Realm which were called King Edwards Laws being so just and equal and so securing the profit and wealth of all estates that the people long after as Mr Fox and others record did rebel against their Lords and Rulers to have the same Laws again when suspended or taken from them or dis-used and prescribed this Oath to William the Conquerour himself and every of our Kings since to be solemnly taken at the time of his Coronation for the further ratificationâ— and better inviolable observation of these Laws and perpetuating them to all posterity SIR will you grant and keep and by your Oath confirm to the people of England the Laws and Customs granted to them by antient Kings of England rightfull men and devout towards God namely the Laws and Customs and Franchises granted to the Clergy and to the Peopie by the glorious King Edwardâ—â— to your power To which the King must answer I will doe it before he be anointed or crowned King Now because these Laws of King Edward made by his Wisemens Counsel and advice as this Clause Sapientes caeperunt super hos habere consilium et constituerunt in the Chapter De illis qui has Leges despexerent implyes are so famous and fundamental most of our Common old Laws being founded on or resulting from them I shall give you this brief account of them out of our Historians as most pertinent to my subjâ—ct matter and usefull for those of my profession to be informed of being generally not so well versed in Antiquity History and Records as were to be wished for the honour and lustre of their honourable publike calling pretermiting the grosse Forgery and Imposture of Modus tenendi Parliamentum so much cryed up by Sir Edward Cooke for its Antiquity and Authority as made and observed in Edward the Confessors reign when as it is a meer counterfeit Treatise and Spurious Antiquity scarce antienter than King Richard the 2. as I have proved in my Levellers levelled and Mr. Selden manifests in his Titles of honour pars 2. p. 713 738 to 745 yea it s own mentioning the Bishop of Carlisle which Bishoprick was not erected til the year 1132 or 1134. the Mayors of London which had no Mayor til the year 1208 and of other Cities with Knights and Burgesses usual wages all instituted long after the Conquerours reign the not mentioning of this Modus in any of our Records Histories or judicious Antiquaries and its difference from all the Modes and Forms of Parliaments and Great Councils of that or later ages held in England or â—reland 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 Hisâ—orians 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 Consilio 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 â—o establish them Wâ—l of Malmesbury thus writes of these Laws Omnes Leges ab antiquis Regibus maximâ— 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 consecâ—aâ—ae sunt prae caeteris regni legibus Leges Regis Edwardi quae quidem prius inventae constitutae â—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 â—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 â— 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 publishâ—d a Law full of discretion and justice which is called Mercian Lawâ— 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 supeâ—added a Law written in the Saxon or English tongue by Ina King of West-Saxons to which Alfred King of the West-Saxons afterwarâ—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 Nottâ—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 Hâ—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 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 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 Eadmâ—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 â—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 lefâ— 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
Realm against Law and right by his power and often attempted to incline the Kings minde to his Injustice At last his subtilty proceeded so farr that by fraud deceit and circumvention he banished out of the land almost all the Kings kinred and friends whom he had either brought with him or called out of Normandy as well Bishops as Clerks and Laymen of other dignities believing that all things would succeed according to his desires if the King deprived of all his friends should make use only of his Counsels But Edward dissembling all things in regard of time place and out of religion addicted himself wholly to divine duties sometimes predicting That divine Iustice would at some time or other revenge so great malice of the Earl and telling Godwin himself so much Whereupon on a certain day when the King was celebrating the Feast of Easter at Winchester as most or at Windsor as some or Hodiam as others relate which feast was famous among the people the King sitting at his royal Table at dinner the Kings Cup-bearer Harold Godwins own Son as some record bringing the Kings cup filled with Wine towards the Table striking one of his feet very hard against a stumbling block on the pavement fell almost to the ground but his other foot going straight on recovered him again and set him upright so that he had no harm nor shed any of the wine Upon which many discoursing touching this event and rejoycing that one foot helped the other Earl Godwin who customarily sate next to the King at Table being his Father-in-law laughing thereat said by way of merriment Here a brother helped a brother as some or So is a Brother helping to a Brother and one assisting another in necessity as others report his words To whom the King upon this occasion ironically answering said Thus my Brother Alfred might have assisted me had it not been for Godwins Treachery who would not permit him Which Speech of the Kings Godwin taking over-grievously was sore afraid and with a very pale and sad countenance replied I know O King I know it hath been often reported to thee that I have sought to betray thee and that thou O King dost as yet accuse and suspect me concerning the death of thy Brother Alfred neither yet doest thou think that those are to be discredited who call me either his or thy Traytor or betrayer But let thy God who is true and just and knoweth all secrets judge between us and let him never suffer this piece of bread I now hold in my hand to pass down my throat without choaking me if I be guilty of any Treason at all against thee or had ever so much as a thought to betray thee Or if I be guilty of thy Brothers death or if ever thy brother by me or my counsel was nearer to death or remoter from life And so may I safely swallow down this morsel of bread in my hand as I am guiltlesse of these facts When he had thus spoken the King blessed the piece of bread whereupon Godwin putting it into his mouth swallowed it down to the midst of his throat where it stuck so fast that he could neither get it down nor cast it up by any means till through the cooperation of divine vengeance he was so choaked with it that his breath was quite stopped his eyes turned upside down his arms grew stiff being conscious to himself of what he thus abjured and so he fell down dead under the Table Deus autem justus et verax audivit vâ—cem Proditoris et mox eodem pane strangulatus mortem praegustavit aeternam writes Radulphus de Diceto The King seeing him pale and dead and that divine judgement and vengeance had thus passed upon him said to those who stood by Dragg out of this dog this Traytor and bury him in the high way for he is unworthy of Christian burial Whereupon his Sonnes there present beholding this Spectacle drew him from under the Table into a Bedchamber ubi debitum proditoris sortitus est finem and immediately after they buried him privily in the old Monastery at Winchester without honour or solemnity Abbot Ingulphus thus briefly relates the story of this his death Anno Domini 1053. cum Godwinus Comes in mensa Regis de nâ—ce sui fratris impeteretur ille post multa Sacramenta tandem per buccellam dâ—glutiendam abjuravit buccella gustata continuo suffocatus interiit As this judgement of God upon Earl Godwin for murdering Prince Alfred right heir to the Crown and the Normans who accompanied him 17 years after the fact was most exemplary so Gods justice upon his posterity is remarkable which to omit their forementioned exiles troubles are thus epitomized by Will. Malmâ—b Godwin in his younger years had the Sister of Cnute for his wifeâ— on whom he begat a Son who having passed the first years of his childhood whiles he was riding on a horse given to him by his Grandfather in a proud childish bravado giving him the spurr and â—ains the horse carried him into the swift stream of the River of Thames where he was drowned His Mother also was slain with the stroke of a thunderbolt receiving the punishment of her cruelty who was reported to buy whole droves of slaves especially beautifull maides in England and to send them into Denmark that she might heap up riches by their deformed sale After her death he maried another wife on whom he begot Harold Swane Wulnoth Tosti Girth and Leofwin Harold after Edward was King for some Moneths and being conquered by William at Hastings lost both his life and kingdom with his two younger Brothers there slain in battel Wulnoth sent into Normandy by King Edward because his father had given him for an hostage was there detained a Prisoner without any release during all King Edwards life and being sent back into England in Williams reign continued in bonds at Sarisbury till his old age Swane of a perverse wit treacherous against his King revolted oftentimes both from his Father and his Brother Harold and becomming a Pyrate polluted the vertues of his ancestors with his maritime Robberies and murder At last going barefoot to Ierusalem in pilgrimage out of conscience to expiate the wilfull murder of his Cosen Breuno and as some say his Brother in his return thence he was circumvented and slain by the Saracens Tosti being advanced by King Edward to the Earldom of Northumberland after the death of Earl Syward ruled the County near two years which being expired he stirred up the Northumbrians to a Rebellion with the asperity of his manners for finding him solitary they chased him out of the Country not thinking â—it to slay him by reason of his Dukedom but they beheaded all his men both English and Danes and spoiled him of all his horses arms and houshold-stuff whereupon being deprived of his Earldom he went with his wife and children into Flanders and at
whom they Outlawed together with all those who had incited him to make an unjust Law and impose an illegal Tribute upon them Harold hearing these things and minding more the Peace of the Country than his brothers profit recalled his Army and the Kiug having heard their answer confirmed Morchar for their Duke Tosti hateful to all men by the assistance of Earl Edwin was expelled out of England by the Northumberlanders and driven with his wife and children into Flanders whence returning about two years after and joyning with the Danes he entred with the Danes into Northumberland miserably harrowed the whole Country slaughtered the inhabitants and at last was there slain with most of his Souldiers by his own brother King Harold Anno 1066. King Edward as Abbot Ingulphus living in that age records Anno 1065. being burdened with old age perceiving Prince Edgar Atheling his Cosen Edwards son lately dead to be unfit for the royal throne tam corde quam corpore as well in respect of minde as body and that Earl Godwins many and wicked progeny did daily increase upon the earth set his mind upon his Cosen William Duke of Normandy et eum sibi succederâ— in Regnum Angliae voce stabili sancivit and decreed by a stable vote that he should succeed him in the Realm oâ— England For Duke William was then superiour in every battel and a triumpher against the King of France and his fame was publickly blazed abroad amongst all the Earls of Normandy who were next him being invincible in the exercise of Arms Iudex justissimus in causarum judiciâ— a most just Iudge in the judging of causes and most religious and most devout in the service of God Hereupon King Edward sent Robeâ—t Archbishop of Canterbury to him as his Legate a Lâ—tere or special Embassador illumque designatum sui regni Successorem tam debito cognationis quam merito virtutis suae Archipraesulis relaâ—u insinuavit and intimated unto him by the relation of his Archbishop that he had designed him to be the Successor of his Realm as well by the debt of kinred as by the merit of Virtue Moreover Harold the Major of the Kings Court comming into Normandy not only swore that he would conserve the Kingdom of England for Duke William afâ—er the Kings death but likewise promised upon Oath that he would take the daughter of Duke William for his wife and upon these promises returned home magnificently rewarded After which â—e subjoins Edwardi pâ—issimi Regis cujus cognatione et consanguinitate inclytus Rex noster Willelmus fundat conscientiam suam regnâ—m Angliae invadendi caeteris Regibus de Danorum sanguine quasi nullius authoritatis ad allegandum interim intermissis William of Malmsbury who flourished in oâ— near that very age thus seconds him After the death of Edward his son Edgar was Neque promptus mâ—nu neque probus ingenio Rex itaque defuncto cognato quia spes prioris erat soluta suffragii Willielmo comiti Normanniae successionem Angliae dedit Erat ille hoc munâ—re dignus praesâ—ans animi juvenis qui in supremum fastigium alacri labore excreverat Praeterea proxime consanguineus filius Roberti filius Richardi seâ—undi quem fratrem fuisse Emmae matris Edwardi non semel est quod diximus Ferunt quidam ipsum Haroldum a Rege in hoc Normanniam missum alii secretioris coâ—silii conscii invitum venti violentia illuc actum quo se tueretur invenisse commenâ—um quod quia propius vero videtur exponam Harold comming to his farm at Boseam going for his recreation into a fisher-boat and putting forth into the Sea in sport was by a sudden contrary storm arising driven with his companions into the Village of Ponthieu in France where he was stripped and bound hand and foot by the rude Country people and carried Prisoner to Guido their Earl who detained him in Prison to gain a ransom from him Whereupon Harold being of a subtil wit studying how to relieve himself by large promises procured a Messenger to inform Duke William that he was sent by the King into Normandy that what lesser Messengers had but muâ—tered touching his Succession to the Crown of England he might perform by his presence especially that he was detained in bonds by Earl Guido wherby he was hindered to deliver his message notwithstanding his appeal to him which was a great diminution to his honor and if his captivity were to be redeemed with monie he would willingly give it to him and not to Guido Upon which he was by Duke Williams command released brought by Guidâ— into Normandy and there nobly feasted by the Duke where by his valour and policy he gained great reputation with Duke William and that he might more indear himself in his favour he there voluntarily of his own accord confirmed to him the Castle of Dover which belonged to him of right and the Kingdom of England after King Edwards decease whereupon the Duke espoused him to his daughter Adeliza then a child and bestowed her whole ample portion upon Harold and then honourably dismissed him Matthew Westminster Anno 1057. relating this Story of Harolds driving into Ponthieu by storm against his will as hapning in that year and that to ingratiate himself with Duke William Post mortem Regis Edwardi ei Regnum Angliae Sacramento firmavit subjoyns thereâ—o Tradunt autem aliter alii quod videlicet Haroldus a Rege Edwardo fuerat ad hoc in Normanniam missus ut Ducem Gulihelmum in Angliam conducerâ—t qnem idem Rex Edwardus Haeredem sibi constituere cogitavit Roger de Hoved. Annal. pars prior p. 499. Radulph de Diceto Abbr. Chron. col 480 481. Eadmerus Hist. Novorum l. 1. p. 4 5. Sim. Dunel Hist. col 195. Io. Bromton in his Chronicle col 947. Hygden in his Polychron l. 6. c. 27. with others record the matter somewhat different from our other Historians That Harold after his Fathers death craving leave of King Edward to goe into Normandy to free and bring into England his Brother Wulnoth Nephew Hake there detained Hostages the King would not permit him to goe as senâ— by him but yet left him free to do what he pleased of himself therein Adding Praesentio tamen te ad nihil aliud tendere nisi in detrimentum totius Anglici regni et opprobrium tui nec enim ita novi Comitem mentis expertem ut eos aliquatenus velit concedere tibi si non praescierit in hoc magnum proficuum sui Harold notwithstanding taking ship to go into Normandy upon this occasion was driven by storm into Ponthieu and there imprisoned as aforesaid and by Duke Williams means and threats after two denials released who honourably entertaining him for some dayes to advance his own designs by him at last opened his minde thus to him Dicebat itaque Regem Edwardum quando secum invene olim juvenis in Normannia demoraretur
conquestis dicitur tamen quod beatus Edwardus eo quod haerede caruit Regnum legavit Willielim Bastardo Duci Normannorum Sed hoc robore asseruitur caruisse quiâ— hoc fecit in lecto Lethalf 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 â— 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 nexâ— heir to it by reason of his minority unfitness and indisposition both of body and minde to sway the Scepter of the Realm King Edward having finished his Abby of Westminster and endowed it with ample lands and privileges by three several Charters by the advice and assent of all his Bishops and Nobles as aforesaid Anno 1066 caused it to be solemnly consecrated on Innocents day with great solemnity but falling sick in the midst of these festival Solemnities of its dedication he betooâ— 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 inimicâ— Daemonesque terram hanc totam pervagabunt Abbot Ailred thus records it Impletum dicunt Anglorum nequitiam iniquitaâ— consummata iram provocat accelerat vindâ—ctaâ— Sacerdotes praevaricati sunt pactum Domini polluto pectorâ— manibus iniquitatis sancta coâ—â—rectant 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 aroum suum tetendit et paravit illum ostendeâ— deincâ—ps populo hinc iram indignationeÌ„ immissiones insuper per Angelos malos quibus traditi sunt anno uno diâ— 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 Wheâ—her 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 â—orth 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 miseâ—y King Edward after his relation of this Vâ—sion 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 interruâ—tion except by some Danish Usurpers who for the Sins of the English reigned for some years over them with rigour and were soon cut off by death CHAPTER 6. Comprising the Historical Passages relating to the Parliamentary Councils Lawes Liberties Properties Rights Government of England Anno 1066. under the Short reign of the Usurper King Harold till the Coronation of King William the First falsly surnamed The Conquerour though never claiming the Crown by Conquest but Title KIng Edward deceasing without any issue of his body to succeed him refusing all carnal copulation with his Queen either out of a vowed virginity as most Historians conclude or out of a detestation of Earl Godwins Trayterous race quod Rex Religiosus de genere proditoris haeredes qui sibi succederent corrupto semine Regio nolueâ—rit procreari as Ingulphus Matthew Wâ—stminster and others record thereby exposed the kingdom for a prey to the ambitious Pretenders aspiring after it Upon which consideration praesentiebant plures in ejus morte desolationem Patriae Plebis exterminium totius Angliae Nobilitatis excidium finem libertatis honoris ruinam as Abbot Ailred informs us The English Prelates and Nobles being then all assembled at Westminster to the solemn consecration of the Abbey were much perplexed and the generality of the people exceedingly grieved at his death For although he were Vir propter morum simplicitatem parum Imperio idoneus yet he was Deo devotus ideoque ab eo directus Denique eo regnante nullus tumultus domesticus qui non cito comprimeretur nullum bellum forinsecus omnia domi forisque quieta omnia tranquilla quod eo magis stupendum
to his Oath and promise to him had without right or Title invaded the Crown and being secretly invited by some of the English Nobles to challenge his own right thereunto by Kings Edwards designation sent Messengers to Harold who mildly reprehending him for his breach of Covenant added by way of menace that he would before the year expired exact his due from him by force of arms in case he refused voluntarily to yield up the kingdom to him But Harold growing secure contemning his threats as never likely to be put in execution both because the Dukes daughter to whom he was espoused was dead and himself involved in wars with his Neighbour Princes returned his Messengers to him with this answer Harold King of England sends you this answer That true it is when he espoused your daughter in Normandy being compelled by necessity He sware that the Realm of England should belong to thee But against this he asserts That a forced Oath is not to be kept For if a vow or oath which a Virgin had knowingly made concerning her body in the house of her Father without her parents consent was revocable and void much more the Oath which he being under the Scepter of the King had made without his knowledge by compulsion ought to be nâ—lled and made voyd as he asserted Moreover he afâ—irmed Nimis praesumptuosum â—uisse quod absque generali Consensu Regni Haereditatem vobis juraverat alienandam Addidit etiam Injustum esse petere ut e regno discedat quod tanto Principum favore susceperat gubernandum That it was overmuch presumption in him that without the general consent of the Realm he had sworn the inheritance thereof should be alienated to him That King Edward being then living he câ—uld neither give away the Kingdoms succession to him nor grant it to any other without his consâ—nt et â—ine populi consensu Senatus Decreto et nesciente omni Anglia de toto Regno necessitate temporis coactus impegerit and without the consent of the people and decree of the SENATE or Parliament he could not promise to him the whole Realm of England without the knowledg of all England being compelld therto only by the necessity of the time Adding moreover that it was unjust to demand that he should dâ—part from that kingdom which he had undertaken to govern with so great favour of the Nobles Eadmerus Radulphus de Diceto and some others record this to be his Answer then returned to Duke William Soror mea quam juxta condictum expetis mortua eâ— 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 nescâ—am cui ut vobis convenit explevi Regnum quod necdum fuit meum quo Iure potui dare vel promittere Si de filia sua quam debui in uxorem ut asserit ducere agit Super Regnum Angliae mulierem extraneam inconsultis Principiâ—us me nec debere nec sine grandi injuria posse adducere noverit The Norman who till then thought England sure to be his and had devoted his hopes from a Duke to a King stormed to see himself thus frustrated on a sudden and instead of a Crown to have such scorns heaped on his head therefore nothing content with this â—light and scornfull answer returnd his Ambassadors again to Harold by whom he â—aid his claim more at large As that King Edward in the Court of France had faithfully promised the Succession unto him and again ratified the same unto him at his being in England and that not done without consent of the State but confirmed by Stigand it should be Robert Archbishop of Canterbury the Earls Godwin and Siward yea and by Harold himself and that so firmly assured that his Brother and Nephew were delivered for pledges and for that end sent to him into Normandy that he being no way constrained to swear as he pretended he appealed to Harolds own Conscience who besides his voluntary offer to swear the succession of the Crown unto him contracted himself to Adeliza his daughter then but young upon which foundation the Oath was willingly taken But Harold who thought his own head as fit for a Crown as any others meant nothing less than to lay it down upon parâ—y and therefore told Williams Embassadours plainly That however Edward and he had tampered for the Kingdom yet Edward himself coming in by election and not by any Title of Inheritance his promiâ—e was of no validity for how could he give that wherein he was not interested nor in the Danes time was likely to be and tell youâ— Duke that our Kingdom is now brought to a setled estate and with such love and liking of the English as that they will never admit any more a stranger to rule over them That the Duke himself well knew that the Oath he made him was only for fear of death or imprisonment and that an Oath so extorted in time of extremity cannot bind the maker in Conscience to perform it for that were to joyn one sin with another With which and the like Speeches he shifted off the Dukes Embassadours without any Princely entertainment or courteous regard who returned home without reply vel veris vel veresimilibus argumentis perstricti Some of our Historians record That the Dukes Messengers upon their second Embassy admonishing him how religiously he had bound himself by Oath and that perjured persons should be sure to find perdition from Gods hands and reproachfull shame with men waived all other demands of the Crown and insisted only upon this That Harold should marry his Daughter which he had espoused according to his promise else he should certainly know he would by force of Armes challenge the succession of the Kingdom promised to him But this seems improbable because our other Historians conclude that his espoused Daughter was dead before this Embassie and Williams preparations and future Messages claiming the Crown resolve the contrary Abbot Ingulphus flourishing at that time gives us this sum of their Negotiation and Harolds answer thereunto Wiâ—lielmus auâ—em Comes Normanniae Legatos mittit foedera facta dicit pacta patefecit promissa petit aliquod justum medium confici requirit At Rex Haroldus Legatos vix auscultat foedera fracta negat pacta recusat promissa excusat omnia â—ustamedia oblata sufflat subsannat Cumque haec intermedia quotidie agerentur ac solum nunciorum cursus ac recursus tota aestate sine fructu consumerarentur The Embassadours returned empty bringing only Harolds unsatisfactory and scornfull Answers with them Wherewith Duke William being much inraged cast about how to recover that by right of armes which he could not gain by Treaty providing Ships Souldiers Mariners and all things necessary for an invasive war making choice of the tallest skilfullest and
goodliest Souldiers he could select and of such Captains and Commanders as both in the Army and elsewhere seemed all of them to be rather Kings than Nobles And to set the better colour upon his pretended enterprise he sent to Pope Alexander acquainting him with the justice of his cause and the war he had undertaken his Embassadours setting them forth with all the strength of eloquence which Harold neglected to doe either through sloathfullness or diffidence of his Title or for fear William who strictly watched at Ports should intercept his Messengers The Pope having weighed the Tiâ—le of both parties sent a consecrated Banner to William as an Omen of his right to the kingdom and good success taken in the enterprise Which having received Conventum magnum Procerum apud Lislibonam fecit super negotium singulorum sententias scissitatus Duke William called a Great Council of Nobles at Lillâ—bon demanding every one of their opinions concerning this business Cumque omnes ejus voluntatem plausibus excipientes magnificis promissis animassent Commeatum Navium omnibus pro qnantitate possesionum indixit Henry Huntindon Hygden Radulphus de Diceto Speed Daniel and others relate That the Lords of Normandie in this great Parliamentary Assembly taking Counsel amongst themselves what was best to be done in this expedition VVilliam Fitz-Osbert counselled to leave and forsake the war both for scarcity of â—ighting men and by reason of the strength valour fierceness and cruelty of the Enemies Whereof the other Lords being glad put their answer into his mouth resolving they would all consent to what he should say Who comming before the King said That he and all his men were ready and devoted to assist him in that enterprise and so were all the other Lords Whereupon all the Nobles of Normandy being thus unexpectedly surprized and bound by his words and promise provided themselves for the expedition In this Assembly of the Norman States a subsidy being propounded as the sinews to carry on this great undertaking it was answered That a former war with the French had impoverished much of their wealth That if new wars were now raised and therein their substance spent to gain other parts it would be there so missed as it would hardly be sufficient to defend their own That they thought it more safe for him to hold what he had than with hazard of their own to invade the territories of others That though the war intended were just yet it was not necessary but exceeding dangerous Besides by their allegiance they were not bound to milâ—tary services in forein partsâ— and therefore no payments could be assessed upon them Whereupon the wealthiest of all the people were sent for by the Duke and severally one by one conferred with shewing them his right and hopes of England where preferments lay even for the meanest of them only money was the want which they might spare â—either should that be given but lent upon a plentifull increase With which words he drew them so on that they strove who should give most and by this means he gaâ—hered such a masse of money as was sufficient to defray the war Besides Fitz Osburne promiâ—ed to furnish 40 ships at his own charge the Bishop of Bayon 40. the Bishop of Mauâ— 30. and so others accordingly beyond their abilities And divers neighbour Princes upon promises of fair possessions in England assisted him both with Ships and Souldiers On the other side Harold to prevent his and the Danes invasions who likewise laid Title to the Crown provided ships and forces to oppose them both by Sea and Land and repairing to the Port of Sandwich appointed his Navy to meet him there which being there assembled he failed with it to the Isle of VVight and there watched the coming of VVilliam into England with his Army all the Summer and Autumn placing likewise his Lanâ— forces of Foot in fitting places about the Sea coasts But at last the victuals of the Navy and land Army being spent they both returned home about the Feast of St. Mary Soon after Divine Providence to make the easier and speedier way for Harolds overthrow stirred up his own Brother Tosti the banished Earl of Northumberland to recover his Earldom and avenge himself of Harold who exiled him some think by Duke VVilliams advice they marrying two Sisters Who coming with 60 some write 40 ships out of Flanders forced Taxes and Tribute out of the Isle of VVight took booties and Mariners to serve in his Navy on the Sea coasts of Kent whence he hoising â—ail fell â—oul on Lincolnshire where Morcar and Edwin Earls of Chester and Yorkeshire incountring him with their forces by Land and Harolds Navy by Sea with some loss of their men routed and drove him from thence into Scotland Where after some stay Harold Harfager King of Denmark after his conquest of the Orcades by Tosti his solicitation came into the River of Tine with 300. others write 500 ships where they both united their forces intending to subdue and conquer England then landing their Souldiers in Northumberland they wasted and spoiled the Country where ever they came Whereupon Earl Morcar and Earl Edwin with the inhabitants of the Country raised all the forces they could against them and giving them 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 â—lew 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 Oâ—aus Harfagers Son who to save his life took an Oath never from thence forth to attempt any hostility or invasion against the English This victory Abbot Ailred 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 avarice 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 deparâ—ed from his service and refused to march wiâ—h him against the Normans This triumphant victory so puffed up Harold that he thought himself secure in the Throne beyond the fear or reach of any adversity and instead of a King became a TYRANT Whilst Harold with all his Land and Sea forces were thus buâ—ied in the North of England Duke VVilliam in August assembled all his Land Army and Navy consisting of 900 ships at the Port of S. Valerie to invade England in the South then wholly destitute of all Guards by Land and Navy by Sea to resist his landing And to satisfie his Souldiers and all others of the justice of his undertaking he alleged these three causes thereof which Henry de Knyghton devides into four The first was to revenge the cruel murther of his Cousin Prince Alfred King Edmunds brother and of the Normans who came with him to assist him to recover the Crown of England to which he was right heir whom Godwin and his Sons had shamefully dishonoured treacherously betrayed and barbarously murdered which fact he ascribed principally to Harold The second was because Godwin and his Sons by their cunning had injuriously banished Robert Archbishop of Canterbury Earl Odo and all the French and Normans out of England which wrong he would revenge on Harold as done principally by his means and labour The third and chief ground was because Harold falling headlong into perjury had without any right usurped the Crown and Realm of England which of due belonged unto him both by right of Kinred to and gift by King Edward his Nephew and by Harolds own solemn Oath and promise made to him in Normandy to preserve the Kingdom for his use after King Edwards death without children according to King Edwards command While Duke William with his ships and Army lay many days together at S. Valerie expecting a fair gale for England the winds being cross many of the common souldiers there lying in Tents thus muttered one to another That the man was mad who would by force invade and make another mans Country and Realm his own That God did fight against them in withdrawing the winds That his Father attempted the same thing in the same manner and was hindered and inhibited therein That it was fatal to his family that aspiring to things above their power they should find God opposite to them These speeches bruted abroad which might enfeeble the strength and abate the courage even of valiant men The Duke thereupon taking Counsel with his Senators caused the Corps of St. Valerie to be brought forth to procure a wind presently a prosperous gale filling their sayles the Duke himself first took ship and launched forth and all the rest after him then casting Anchor till the Fleet came round about him they all sailing with a gentle course landed at Hastings and Pevemsy The Duke stepping forth of the ship upon the shore one of his feet slipped so that he fell down into the mud one of his hands being filled with sand whch he interpreted as an ill omen and sinister event But one of his Souldiers who stood next him lifting him up from his fall whiles he held the mud in his hand changed this event into a better interpretation saying Most happy Duke thou already possessest England and plowest it up Behold the land is in thy hand Lift up thy self with good hope thou shalt be King of England ere long No sooner was the Army landed but the King strictly charged them to forbear pluâ—dering and take no booties seeing they ought to spare the things that should be his own nor to wrong any of their persons who should ere long become his Subjects Richard Vestegan records out of a French Historian that Duke VVilliam the same day he landed in England caused divers of his chief Officers and Friends to dine with him and chancing at dinner to talk of an Astrologer who by the conjunction of the Planets had assured him at St. Valerie That Harold should never withstand him but submit himself unto him and yeeld him faith and homage willed now that the said Astrologer should be brought unto him whom he had caused to be imbarqued for that voyage But it was told him that the Ship wherein the said Astrologer sailed was cast away at Sea anâ— he drowned in it Whereunto the Duke replyed That man was not wise who had more regard â—o the good or ill fortune of another than unto his own I am now thanks be to God come over I know not how the rest will succeed How false this Star-gazers prediction proved the sequel will manifest Duke VVilliam after his arrival rested quietly 15. days without acting any thing as if he minded nothing less than war After which to cut off all occasion or hopes of return from his Souldieâ—s he fired all his ships or as some write drew them all a shore and intrenched them as others erecting only a Castle on the shore for a retiring place for his Souldiers if need were From Pevensy he marched to Hastings where he built another Fort. Henry de Knyghton records that the first night he lodged in England in his Pavillion there came a voice unto him saying William William be thou a good man because thou shalt obtain the Crown of the Realm and shalt be King of England and when thou shalt vanquish the enemy cause a Church to be built in the same place in my name so many hundred foot in length as in number of years the seed of thy bloud shall possess the Government of the Realm of England and reign in England an 150. years But Matthew Westminster writes this voice was after the battel with Harold not before it and the subsequent words in Knyghton touching his march to London import as much Harold residing in the North after his great victory there when he deemed all his Enemies totally broken in pieces received certain intelligence that Duke William was safely arived at Pevensey with his Fleet and an innâ—merable company of valiant Horsemen Slingers Archers and Footmen whom he had hired out of all France Whereupon he presently marched with his army in great haste towards London and although he well knew that most of the valiant men in all England were slain in the two late Battels against Tosti and the Danes that many of the Nobility and Common Souldiers had quite deserted him refusing to march with him in that necssity because he permitted them not to share with him in the great booties they had won with their bloud and that half his Army wâ—re not come togetherâ— yet he resolved forthwith to march into Sussex against the Enemy and fight them with those small forces tired he then had being most of them Mercenaries and Stipendiaries except those English Noblemen Gentlâ—men and Freemen who
victoribus suis participarunt de caeter is in â—orum mores transeuntes Sed haec mala de omnibus generaliter Anglis dicta intelligi nolim Scio clericos multos tunc temporis simplici via semitam sanctitatis trivisse Scio multos Laicos omnis generis conditionis in hae eadem gente Deo placuisse facessat ab hac relatione invidia non cunctos pariter hâ—c involvat calumnia Verum sicut in tranquillitate malos cum boâ—is fovet plaerumque Dei sereniâ—as ita in captivitate bonâ—s cum malis noâ—nunquam ejusdem constringit sevâ—ritas I have insisted more largely upon the Historical part of Harolds usurpation perjury short and troublesom reign tragical death Duke Wâ—lliams claims to and manner of acquiring the Crown of England for this reason especially To refute the common received Error of some ignorant Historians of many illiterate Statists and Swordmen of this age and of fundry temporizing Ignoramusses of my own robe who publickly averr in their Pamphlets Speeches Charges and Discourses that Duke William claimed and obtained the Crown of England only as a Conqueror and thereupon altered the antient Laws Customs of the Realm and gave New Laws unto it by his own absolute power as a Conqueror thereof Upon which false Ground they inferre That those in late and present Power coming in by the same Title of Conquest may lawfully give new Laws to impose what Taxes Government they please upon the English as well as Scotish and Irish as a meer conquered Nation by their own inherent authority seeing by the Laws of Warr regularly all Rights and Laws of the place and Nation conquered be wholly subject to the Conquerors will And hereby they justifie all their late Impositions Taxes Excises Sequestration Seisures Sales of all the publike revenues of the Nation and many thousand private mens Estates by their Westminster and White-Hall Ordinances Edicts with the changes of our Government new-modellings of our Parliaments and all other irregular proceedings destructive to our Fundamental Rights Laws Liberties Government which they formerly covenanted inviolably to maintain without grant or consent by any free full lawfull English Parliaments Now to demolish all these their superstructures by subverting their â—alse Foundation of D. Williams pretended Title to the Crown of England only by Conquest It is most apparent by the premised Historical Authorities 1. That King William alwayes claimed the Crown of England both before at and after his Coronation as of right belonging to him by the promise gift contract gift and bequest of Edward the Confessor and as his heir and next kinsman by the Mothers side 2. That he alleged this gift and grant of the Crown to him to be made with the consent of the Archbishops of Canterbury Earls Godwin Syward and other Nobles of the Realm ratified by special Messengers sent unto and Hostages delivered him for its performance and by Harâ—lds own solemn agreement and Oath sent to him by King Edward for that purpose as himself at least suggested to him which designation and grant of King Edward to William was no fiction but a truth confessed by all our Historians and Harold himself who by his answers never denyed but only endeavoured to evade it and voluntarily acknowledged by all the Nobles of England both at his Coronation and in Parliament it self in the 4. year of his reign 3. That after King Edwards decease divers of the Nobles would have elected William King in pursuance hereof but that Harold perjuriously usurped the Crown by meer force and power without the least right unto it or any election by the Lords or people setting the Crown on his own head the very day King Edward was interred and thereby prevented Williams election to it 4. That hereupon divers of the Nobles Prelates and other English sent private Messengers to William into Normandy to come and demand his right to the Crown as due unto him promising hostages and their assistance to recover it 5. That thereupon he sent Embassadors twice or thrice to Harold one after another before his landing insisting on his meer right and Title to the Crown to gain it by parly without effusion of bloud 6. That upon Harolds obstinacy he appealed to the Pope and to all his Nobles assembled in a Parliamentary Council for the justice of his Title and Right to the Crown who declared his Title Lawfull and Just and thereupon encouraged assisted him all they could to regain it by force of arms from the Usurper Harold who would not otherwise depart from it 7. That immediately after his landing he made claim unto it only by the foresaid Right Title and thereupon prohibited his Souldiers to plunder the Country or hurt any of the Inhabitants as being his by right 8. That very few of the English Nobility or Nation would march or engage with Harold against William and sundry withdrew themselves from the battel as conscious of Harolds usurpation perjury and Williams just cause against him however other causes were then pretended and amongst the rest his own Brother-in-laws the greatest Peers of the Realm Earl Morcar and Edwin deserted him in the fight 9. That after the first battel won and Harold slain all 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 Loâ—doners and others who first appeared for Edgar with the greatest pâ—rt 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 maâ—â—â—tan 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 possâ—ssion 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 adherâ—nts not to create a Title to the Realm by his and their Conquest but to remove a Uâ—surper who invaded it without and against all right and to gain the actual possession thereof by armsâ— 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 â—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 hâ—ir in the kingdom of England 2ly In his Charter to the Church of Westminstâ—r he resolves as much in direct terms where he recites In ore gladii Regnum adeptus sum Anglorum devictâ— Haroldo rege Cum suis complicibus qui mihi Regnum cum providentia Dei destinatum bâ—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 â— QUI EDWARDO REGI HAEREDITARIO JURE SUCCESCIT Iâ— 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 adoâ—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 conâ—ract and designation from King Edward as his Kinsman as an heir who forcibly outs a disâ—eisor and intruder comes in by Tiâ—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 Conquestuâ— 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 Nobilityâ— People and right heir to the Crown himself who all submitted and sware homage fealty and allegiance to him as their lawfull Kingâ— 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 dâ—cayed Aâ—tiquities learned Mr. Iohn Selden in his Review of the Hist. of Tithes p. 482 483. Sir Iohn Hayward in the liâ—e of King VVilliâ—m the first Mr. Nathaniel Bacon in his first part of his Historical Discoursâ— of the uniformity of the Governmeâ—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
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 ex parte post both by the subsâ—quent consent agreement submission election Oath homage and fealty of all the people Nobles Clergy by their legal free crowning of him aâ— first by Edgar Atheling his own submission fealty and resignation of his royal right and Title thereby unâ—o him and ratified by succeeding Parliamentary Councils it became an inâ—uhitable Right and Title both in Law and Iustice 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 allegedâ— all Franchises were devolved to the Crown by the Conquest replyed thereâ—o The Conquerour came not at all to â—ut 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 Hiâ—â—orian Sa. Daniel concerning this king VVilliam Neither did he â—ver 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 flattery of the time was after given him he shewed by all the course of his Government he assumed it not introducing none of those Alterations 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 tâ—e â—â—ole 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 â— 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 raiâ—ed 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 consentâ— 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 tâ—e 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 saâ—d 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 aâ—ter by our Kings â—especially Intruders as their best and surest Title To these Legal I shall only subjoyn some Political and Theological Observations naturally flowing 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 iâ—sue or declared right heir 4. That right heirs to Crowns who are of tender years weak judgement or impotent in Frienâ—s and Purse are easily and frequently put by their rights by bold active and powerfull Intruders as Edgar Atheling was both by Haroâ—d 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 2 ly That King Willam 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 donaâ—iâ—e 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 invaserat 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 ludioro 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 waâ— 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 your Enemies do good to those that hate you c. Wherefore if thine enemy huâ—ger give him meat if he thirst give him drink c. Bâ— not overcome of evil but overcome evil with goodness 5. That base carnal fears and cowardize oft cause both Prelates Nobles and People to desert their own best interest and lawfull Princes and to act vote and submit to meer unrighteous Usurpers against their primitive resolutions judgements Consciences as here in the case of Edgar and Rich. 3. since 6. That Generals puffed up with victorious successes and having the command of the Land and Sea Forces in their power are apt to aspire after the royal Crown and Soveraignty and forcibly to usurp it upon the next occasionâ— even with the disinheriting of the right heir and hazard of the whole Realm of which Harold is a most pregnant example 7. That ambitious aspirers after the royal Crown and Throne will make no conscience to violate all sacred and civil Oathes Obligations Contracts and find out any evasions to elude them rather than goe without themâ— or part with them when injuriously usurped â—y them and will adventure to crown themselves with their own hands than not wear the Diadem witnesse Harold 8. That Usurpers of Crowns without right though they Court the people with Coronation Oaths and fair promises of good Laws Liberty Immunity from all Taxes and Grievances yet usually prove the greatest Tyrants and Oppressors to them of all others as Harold and William in some sort did That Invaders of Crowns and Soveraign power without any right title or colour of Justice being once in possession will never part with them to those who have better right upon any verbal Treaties but rather