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

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his Predecessors and defrauded the Kingdom of them They adde hereunto that King Edrid had committed all his chief Houshold-stuff Plate Records and t●e Treasures of all the Realm with all the Magazines he had gotten to Dunstans custody and laid ●hem up in ●he Monastery at Glastonbury yea he committed his Kingdom body and Soul unto him So as all was wholly in Dunstans power who alone managed all the publick affairs of the Realm and exercised Regal Authority And when King Edred in his sicknesse demanded all his Housholdstuff Jewels Monies and Treasures from him Dunstan pretending to fetch them before he returned with them Dustan heard a voice as our Monkish Writers fable that Edred was dead in the Lord and thereupon detained them in his and his Monks custody being unwilling to part with them to young King Edwin his Successor whereupon he seised on them by force as of righ● belonging to him and expelled Dunstan with his Monks And so much the rather because Dunstan presumed most impudently and violently to rush into his Bed-chamber and pull him out forcibly thence on the very day of his Coronation contrary to all Christian and Princely ●odesty from the embraces of his beautifull and beloved Alfgina which some Monks and these Historians report to be his lawfull wife ●not his Concubine and not content therewith he excited Odo Archbishop of Canterbury publickly to divorce her from him some say for consanguinity only and others for other Reasons Whereupon the king betaking himself to his Concubines Odo suspended him from the Church excommunicated all his Concubines caused one of them whom the king best affected to be violently fetched out of the Court with armed Men branded her in the forehead with an hot Iron and then banished her into Ireland After which she returning into England Odo apprehended her the second time and cut off her Sinews at the Hock-bone All which intollerable Affronts so incensed Edwin that he banished and spoyled Dunstan with his Monks as aforesaid and threatned Odo with severe punishments none others in the Realm but these daring then to oppose him hereupon they formerly and then bearing the greatest sway by way of revenge and to preveut Edwins further fury against them stirred up the Mercians and Northumbrians to reject him and that in a tumultuous manner by force of Arme in which Uproar Edgar gained possession of half his Kingdom Matthew Parker and Sir Henry Spelman out of him subjoyns that by these civil dissentions raised between King Edwin and his Brother Edgar they much weakned the forces of the Realm in many set Battels fought between them till at last Edgar getting the better Convocato ad Branfordiam Regni concilio Fratris Edwini acta et decreta rescendit Assemblong a Council at Brandford he repealed all the Acts and Decrees of his Brother King Edwin restored to the Churches and Monasteries the Treasures he had taken from them recalled Dunstan from his former banishment and made him first Bishop of Worcester then of London and last of all of Canterbury Henry de Knyghton a Canon of the Abbey of Leicester relates out of the History of Leicester Abbey That Edwin being expulsed and shamefully thrust out of his kingdom for his evil life and exorbitant actions done against the Church the Monarchy of England continued void above a year Whereupon many murders and wickednesses were committed and infinite mischiefs happened amonst the people for want of Government until holy men both of the Clergy and People deeply affected therewith humbled themselves and uncessantly repented of their sins and prayed day and night to God that he would hear them and mercifully relieve them in so great necessity giving them such a King who might govern the Realm of England in such sort as might redound to the honour of God and profit of the Realm That God beholding their prayers from on high in the night silence this voice was heard from God That they should crown Edgar King though but then a youth who rejoyced with this Divine Oracle most likely by the Monks and Dunstans Legerdemain the Divine Oracle that uttered it speedily advanced Edgar to be King being but 16 years old and so he was elected and crowned King by a divine Oracle which never hapned to any King of England in former times Upon Edgars Coronation and Dunstans restitution An. 959. K. Edwin reigning in a decayed Estate living in little Esteem and wi●hout being desired for very grie● thereof as some write he died after he had for 4 years space Libidinosiè simul Tyrannicè lustfully and also Tyrannically depressed the Realm of England Others a●firm that he was deprived both of his Life and Kingdom by the Rebellion of his Subjects But his Monkish O●posi●es record that he was taken away by an untimely Death by Gods Iust Iudgement in the year of our Lord 959. Whereupon his Brother Edgar ab omni populo electus being elected king by all the people united the kingdom into one and obtained the intire Monarchy of the Realm the kings of Cumberland Scotland and Wales ● voluntarily submitting and doing homage to him without any effusion of blood or war King Edgar About the year of our Lord 963. contrived the death of Earl Ethelwald who as some Authors aver against his trust had cheated him of Elfrida only Daughter of Ordgarus Duke of Devonshire the Paragon of her Sex by disparaging her beauty to the king and marrying her to himself After which the king being extraordinarily ravished with the true reporr and sight of her transcendent beauty thereupon as Bromtons Chronicle relates statim post octo dies Rex Parliamentum suum apud Sarisberiam convocavit Ubi cunctis suis Proceribus congregatis de custodia terrae Northumbriae qualiter contra ingressum Danorum melius posset custodiri tractaverunt inter quos Ethelwolfus ad Custodiam Eboraci patriae adjacentis in illo erat Concilio deputatus A clear Evidence That Matters of defence against Common Enemies and Guardians of the Sea-coasts against the Danes Invasions were then debated and setled by the King and his Nobles in Parl. then usually summoned by our Kings for that end Hereupon Earl Ethelwolfe travelling through the Forrest of Werewell towards his new VVardship was there cruelly assaul●ed and murdered by some unknown armed per●ons there placed in ambuscado by the king as was commonly reported and as some relate by king Edgar himself who shot him through with an Arrow as they were there hunting together The slain Earls Bastard-Son being ●here present beholding his dead Corps the king demanded of him how such a hunting pleased him who answered very well my Lord and King for that which please●h you ought not to displease me which answer ●o pacified this kings swelling mind that he loved no person more entirely all his life than this Young man Tyrannici facti offensam in Patrem sedulitate Regiâ in filium allevans writes
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 O●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 ●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 ●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 ●ot being lamented nor desired by reason of his unwonted Taxes excesse and riot Yea so far were all ●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 o● 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 ●fter his death assembled together in a Great Council about the election of a New King Wherein OMNES ANGLORUM MAGNATES ad invic●m tractantes DE COMMVNI CONCILIO ET JURAMENTO STATUERUNT QUOD NUNQUAM TEMPORIBUS FUTURIS ALIQUIS DACUS SUPER EOS IN ANGLIA REGNARET hoc maxim● pro contemptibus quos Angli à Danis saepiu● acc●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 DA●E or person of the Danish blood SHOULD REIGN OR BE KING OVER THEM IN ENGLAND ANY MORE
act without their seeking as he did here restore Prince Edward after 25 years interruption and Aurelius Ambrosius long before to the British Crown to omit all others 6. That Crowns invaded ravished by force of armes and bloodshed are seldome long or peaceably enjoyed by the usurpers themselves or their posterity that of Curtius being an experimentall truth Non est diu●turna possessio in quam gladio inducimur All which we find experimentally verified in this History of King Edward his election and restitution to the Crown of England worthy our special observation King Edw. coming to the Crown was not onely very charitable to the poor humble mercifull and just towards all men but also PLURES L●GES BONAS IN ANGLIA STATUIT quae pro majore pa●te adhuc in regno tenerentur Whereupon about the year 1043. as the Chron●cle of Brompton William Caxton in his Chronicle and Mr. Selden inform us Earl Godwin a fugitive in Denmark for the murther of prince Alfred hearing of his piety and mercy resolved to return into England humbly to implore his mercy and grace that he might have his lands again that were confiscated having provided all things for his voyage he put to sea and arrived in Englan● and then posted to London UBI REX ET OMNES MAGNATES AD PARLIAMENTUM TUM FUERUNT Where the King and all the Nobles were then at a parliament here he beseeched intreated his friends kindred who were the greatest Lords of the land after the King that they would study to procure to him the Kings Grace and friendship who having thereupon taken deliberate counsel among themselves led him with them before the King to seek his Grace But so soon as the King saw him he presently appealed him of TREASON of the death of Alfred his brother and using these words unto him said THOU TRAITOUR GODVVIN ● THEE APPEAL FOR THE DEATH OF ALFRED MY BROTHER WHOM THOU HAST TRAIT●ROUSLY SLAIN To whom Godwin excusing himself answered My Lord and King saving your Revere●c● and Grace Peace Lordship I never betrayed nor ye● slew your Brother unde super hoc pono me IN CONSIDERATIONE CURIAE VESTRAE whence I put my s●lf upon the consideration and judgement of your Cour● concerning this matter Then said the King KARISSIMI DOMINI COMITES ET BARONES TERRAE c. Most dear Lords Earls and Barons of the land who are my Liege-men now here assembled you have heard both my appeale and Godwins answer Volo quod inter Nos in i●ta appellatione RECTUM JUDICIUM DECERNATIS ET DEBITAM JUSTITIAM FACIATIS I will that between us in this appeale you award right Iudgement and do due Iustic● COMITIBUS VERO ET BARONIBUS SUPER HOC AD INVICEM TRACTANTIBUS Hereupon the Earls and Barons debating upon this businesse among themselves some among th●m were different in their opinions from others in doing just judgem●nt herein For some said that Godwin was never obliged to the King so Bromton to Alfred writes Cax●on by homage service or fealty and therefore HE WAS NOT HIS TRAITOUR and that he had not slain Alfred with his own hands But others said Quod Comes nec Baro nec aliquis Regi subditus BELLUM CONTRA REGEM IN APPELLATIONE SUA DE LEGE POT●ST VADIARE That neither the Earl nor any Baron nor any Subject to the King could by the Law wage Battel against the King in his Appeal but ought wholy to put himself in his mercy and to offer him competent amends Then Leofric Earl of Chester or Coventry as Caxton a good man towards God and the world spake and said The Earl Godwin after the King is a man of the best parentage of all England and he cannot deny but that BY HIS COUNCEL Alfred th● Kings Brother was slain wherefore I award as touching my par● that himself and his son and every of us DUODECIM COMITES the twelve Earls who are his friends and kinsmen sh●uld go humbly before the King laden with as much gold and silver as every of us can carry between his arms offering that to him for his trespasse and submissively depr●cating that he woul● pardon all his rancour and ill-will to the Earle and receiving his homage and feal●y he would restore and redeliver his lands intirely to him● Vnto which award THEY ALL ACCORDING they all laded themselves with treasure in the manner aforesaid and g●ing to the King declared unto him the order and mann●r of their JUDGEMENT or AVVARD QUORUM CONSIDERATIONI REX CONTRADICERE NOLENS QUICQUID JUDICAVERANT PER OMNIA RATI●ICAVIT The King not willing to contradict them in any thing th●y had judged ratified the same in all things An agreement therefore being made between th●m in this manner the Earl presently regained all his lands The generality of our Historians as Brom●on confesseth deny that Godwin ever fled into D●nmark or left England for the murder of Alfred they generally aff●rming that he purged himself thereof though falsly CORAM PROCERIBUS before the Nobles in the reign of Harde-Cnute swearing with his compurgators that he never consented to his death NISI REGIA VI COACTUS but through compulsion by royall violence Recording likewise that after the death of King Harde-Cnute Prince Edward was called out of Normandy and elected King principally by the help and counsel of Earle Godwin himself who as Malmesbu●y and others write perswaded him to accept the Crown and precontracted with him before h● came into England Paciscatur ergo sibi amicitiam solidam filiis honores integros filiae matrimonium brevi futurum ut se Regem videat qui nunc vitae naufragus exul spei alterius opem implorat Utrinque fide data quicquid petebatur sacramento firmavit If there were then any such Parliament as this then held at London and such proceedings in it concerning Godwin it was most probably in the year 1043● as I here place it And from these memorable proceedings in it we may observe 1. That there is mention onely of the King Earls and Barons present in this Parliament as members of it not of any Knights of shires Citizens or Burgesses elected by the people of which there is not one syllable 2. That the Earls and Barons in Parliament were the onely judges in that age in Parliament between the King and his Nobles subjects both in criminal and other causes there decided 3. That Peers in that age were onely tryed and judged by their Peers for treason and capitall offences 4. That appeals of Treason were then tryed in Parliament and the Earls and Barons the sole Judges of them and of what offences were Treason and what not 5. That the Bishops and Clergy in that age had no votes in matters of Treason and capitall offences 6. That the Judgement of Parliament then re●ted properly in the Earls and Barons not the King and that their judgement was not repealable by but obligatory to the
of dearth and scarcity Therefore certainly our late illegal taxes without authority of a free and legall Parliament amounting to 120.90 or 60.1000 li. mo●thly when lowest besids Excises Customes Imposts amounting to twice as much more must certainly be far more grievous intollerable to the Nation and so not onely to be remitted abandoned excluded but accounted for and restored to our exhausted oppressed Nation by all those Governours who pretend themselves saints of the highest forme and men ruling in the fear of God against whom this St. Edward the Confessor will rise up in judgement i● they imi●a●e not his just and Saintlike president therein All which con●iderations I recommend to their own and their Collecters Excisers sadest considerations to meditate seriously upon for the peoples ease William of Malmsburies records of this King Edward that he was in exactionibus vectigalium parcus quippe qui exactores execraretur Till we may b● able really to record the like of our new Gov●rnour● and Princes over us we shall never be either a free a peaceable or happy people no● th●y worthy of the name of Saints or Confessors in any English Annals or Kalenders He addes That King Edward with the touch of his hand d●d miraculously cure sundry persons of the luxuriant humours and swellings about the neck commonly called the Kings Evill wh●ch cure in after ages some falsly ascribed non ex sanctitate sed ex regalis prosapiae haereditate ●luxisse not to have issued from his sanctitie but from his hereditary royall bloud If his sanctity in releasing● and restoring the formentioned insupportable Tributes of Danegeld shall now cure the hereditary Kings and our new Republiques long continued evill and malady of intolerable Tributes Contributions and Excises in this Age we shall register it to posterity for as great a miracle as his first care of the evill Kings only by his touching of it with his royall sacred hand King Edward about the year 1047. calling out of Normandy certa●n Normans qui olim pauculis beneficiis inopiam Exulis suppleverant who had there releived and supplied his want during his exil● to reward them for their benefits advanced them to places of extraordinary honour and trust about him amongst others he promoted Robert Gemeticensis a monk to the Bishoprick of London then to the Archbishoprick of Canterbury William to be his Chaplain first and afterwards Bishop of London and another to the Bishoprick of Dorchester which Iugulphus thus expresseth Rex autem Edwardus natus in Anglia sed Nutritus in Normania diutissime immoratus pene in Gallicum transierat adducens attrahens de Normānia plurimos quos variis dignitatibus promotos in immensum exaltabat Praecipuus inter eos erat Robertus Monachus c. Caepit ergò totâ terrâ sub rege sub aliis Normannis introductis Anglicos ritus diminui Francerū mores in multis imitari Gallicum idioma omnes Magnates in suis curiis tanquam magnum gentilitium loqui Char●as Chyrographa sua more Francium confici propriam consuetudinem in his in aliis multis erubescere Thereupon Earle Godwin and his Sons being men of high spirits auctores tutores regni Edvardi were very angry and discontented quod novos homines advenas sibi preferri viderent because they saw these new upstarts and strangers preferred before them yet they never uttered a high word against the King whom they had once advanced Upon this occasion Anno 1051. there arose great discords between the Engl●sh and these Normans quod Angli aspernantèr ferant superiorem Normani nequeant pati parem Henry Huntingdon records That these Normnans accused Godwin and Swaine and Harold his Sonnes to the King that they went about to betray him wherupon the King calling them into question for it they refused to appear without hostages for their safety upon which the King banished them But William of Malmsbury Roger de Hoveden Matthew Westminster Florentius Wigorniensis Simeon Dunelmensis Bromton Hygden Henry de Knighton Fabram Graston Holmshed Speed and the General Stream of our Historians relating the businesse more fully make this the originall cause of the difference between them and of the Exile of Godwin and his Sons Eustace Earle of Boloyn who had wedded King Edwards Sister ariving at Dover in the moneth of September 1051. one of his Knights seeking lodging unjustly slew one of the Townsmen whereupon the Townsmen slew him The Earle and his followers being enraged thereat slew divers men and women of the Town and trode their children under their own horses feet The Burgesses upon this assembling together to resist them after a fe●rce Encounter put the Earle and his followers to flight slew eighteen or twenty of them in the pursute and wounded many more so that the Earle escaped only with one of his followers to the King then at Glocester where he grievously incensed the King against the Englishmen by reason of this tumult which he and his followers occasioned Whereupon Earle Godwin being much incensed at the slaughter of his men in the Burrowgh of Dover he and his sons assembled a great Armie out of all the Towns and Countries subject to them The King sending for Godwin to the Court charged him with hi● Host to avenge the wrong done to Eustace and to punish the insolency of the men of Dover which the King exceedingly aggravated But Godwin a man of sharp wit and wel understanding that sentence ought not to be pronounced upon the hearing of the allegations of one part only without hearing the other refused to march with his Army against the Burgesses of Dover although the King commanded him both because he envied that all Aliens should find such extraordinary favour with the King and because he would shew friendship to his own Countreymen Whereupon he answered It were reasonable and just that before any execution done the the Wardeins of Dover Castle should be summoned into that Kings Court in a fair manner to answer this tumult and if they could excuse themselves that then they should be dismissed without harms or if not that then they should satisfy the King whose peace they had broken and the Earl whom they had offended with money or the forfeiture of their bodies and goods Iniquum videri ut quos ●utari debeas eos ipse po●issimum inauditos adjudices And so Godwin depa●ted at that time little regarding the Kings f●ry as being but momentany Quocirca Totius regni Proceres jussi Glocestriam conveni●e ut i●i magno conventu res ventilaretur Therefore all the Lords of the land were commanded to assemble together at Glocest●r that this matter might be there debated in a great Parliamentary assembly Th●ther came the most famous Earle Syward of Northumb●rland and Leofric Earle of M●rcia Omnibus Anglorum No●iles and all the English Nobility at that time only Godwin and his Sonnes who knew