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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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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 necessi●y were so far from taking away the Lands and Tithes of the Church for defence of the Realm or from imposing new unn●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 ●or●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 sa●ubre cum Episcopis Comi●ibus ac cunct●s Optimatibus meis which Char●er is s●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 Af●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 w●men of England he had married th● Da●gh●er of the Ki●g of Fra●ce● an alien et contra morem et Statuta Regum West-Saxonum and against the use and Statu●es of the Kings of the West-Saxons called Ju●ith the King of France his Daughter w●om he lately esp●used Queen and caused her to sit by his side at the Table as he ●easted For the West-Saxons permit●ed not the Kings Wife to sit by the King at the Table nor yet ●o be cal●ed Queen but the Kings Wife Which Infamy arose 〈◊〉 Eadburga Daughter of King O●fa Queen of the s●me Nat●on who destroyed her Husband King Brithr●●ic with poison and sitting by the King was wont to accuse all ●he Nobles of the Realm to him who thereupon dep●ived them of l●fe or banished them the Realm● whom she c●uld not accus● she used to kill w●th poison Therefore● for this mis-doing of the Q●●en they all conjured and swore that they would never permit a King to reign over them who should be guilty in the premises W●e●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 betw●●n the Father and t●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 pa●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 Na●ion of the West-Saxons would hav● 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 perpe●rare ausi sunt Regem à regno ●rop●io re●ellerent which Wigorniensis Anno 855. ●●le● 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 satisfi●d his Sons desire so that where the Father ought to have reigned by the just judgement of God there the obstin●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 Prelates● 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 po●●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 Ess●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 d●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 tha● 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 wherewi●h she fully ac●uainting him he thereupon cheered her up with comfortable words saying that he would not love
and other Officers nor bur●hened with unjust Exactions or Contributions Yea by his large A●mes and Gi●●s he ●ent to Rome ● he procured the English School to be fréed from all Taxes and Tributes by the Popes special Bull. And we never read he imposed the least publick Tax upon his Subjects during all his wars and Exigences by his own Regal Power upon any pretext of publick Necessity Danger Defence or Safety of the Realm against the Numerous Invading plundering Danish forces both by Sea and Land Which our late and present Aegyptian Tax-masters may do well to consider In the year of our Lord 894. this King Alfred and Guthurn the Dane gave to the Church of St. Cutbert in Durham all the Lands between Weor and Tyne for a perpetual Succession free from all Custome and secular Services with all Customes Saca and Socua and infaugtheof thereunto belonging with sundry other Privileges which they ordained to be perpetually observed Non solum Anglorum sed et Danorum consentiente et collaudante exercitu by the consent and approbation of the ARMY not only of the English but Danes also Has Leges haec Statuta which proves that it was done by a Parliamentary Counsell then held in both their Armies 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 conjecture● in whom th● 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 ●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 we●e so incouraged and became such good Souldiers that if they heard of the Enemies approach they would fight and rout them Rege etiam Ducibus inconsultis in certamen ruerent eisque semper numero scientia praeliandi prae●●arent it a hostes contemp●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 taken● and likewise the Danes Horses as they likewise did in some other parts Amongst other places this King repaired the walls of Colchester put warlike men in it certum eis stipendium assignavit and assigned them a certain stipend as Mat● Westm. records neither he nor other our Historians making mention of assigned wages to any other Garrisons or Souldiers in that age At last the Danes in most places throughout England perceiving King Edwards power and wisdom submitted themselves unto him elected him for their King and Pat●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 s●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 Aedul●e for Wells Werstan for Crideton and Herstan for Cornwal assigning them their several Sees and Diocess and two other ●ishops ●or Dorchester and Cirencester all consecrated by Archbishop Plegmond at C●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-England at Intingford when as some think he and
●hrough all the Counties of the Realm diligently to search and inquire how his Laws Statutes Ordinances were kept and observed by his Princes Great Men and O●ficers lest the Poorer sort of people should suffer prejudice or be oppressed by the Greater Richer And whether his Iudges or Iustices judged uprightly according to the Laws or injured any through Bribery Malice or Partiality Violati Iuris severus Ul●or being a severe Revenger of his violated Laws sparing nei●●er Rich nor Poor but judgi●g him justly according to the quality of his transg●ession In hoc Justitiae in il●o fortit●dinis in utr●que Reipublicae Regni utilitatibus consulens as Wiliam of Malmesbury and Flor. of Worcester repor● of him Et ideo tempore suo latrones nulli fuerunt nec aliquis qui Guerram vel turbationem in Regno movere a●debat Merito ergo non infirma inter Anglos fama est nullum nec ejus nec superioris aetatis Regem in Anglia recto aequabili judicio Edgaro comparandum He being Flos et Decus an●ecessor●m Regum non minus memorabils Anglis quam Romulus Romanis Cyrus Persis Alex. Macedoniis Arsaces Parthis Carolus Magnus Francis ● as Malmesbury Abbot Ethelred Florentius VVigorniensis Simeon Dunelmensis Henry Huntindon Matthew VVestminster and others record of him who are much more copious in his prayses Mr. Fox closeth up his Encomiums of him with this Speech As I see many things in this worthy Prince to be commended so this one thing in him I cannot but lament to see him like a Phoenix to fly alone that of all his Posterity so few there be that se●k to keep him company Towards the end of his Reign the Welchmen moving some rebellio● ●e thereupon assembled a mighty Army to suppress and prevent it wherewith he entring into the Country of Glamorgan sharply punished the Ringleaders thereof But his Souldiers doing great harm in plundering the Country lading themselves with spoyls the King out of his bounty commanded them to restore to the People all the spoyls they had gotten and more especially St. Ellutus Bell that was hanged about an Horses neck whereby he purchased singular love and honor from the Inhabitants At length af●er he had reigned thus 16 years and two months in great tranquillity and honor totum regnum sanctis legibus strenue gubernantem as Endmerus rela●es of him he died happ●●y o● Tuesday the 8 of Iuly Anno 975. Nec potuit malè mori qui benè vixerat qui tot Ecclesias Deo fundaverat qui tot bona perennia brevi tempore statuerat as Henry Arch-Deacon of Huntingdon observes who bestowed this honourable Epitaph on him remembred also by others Auctor opum vindex scelerum largitor honorum Sceptifer Edgarus Re●na supe●na petit Hic alter Solom●● legum Pater Or●ita Pacis Quod caruit bellis claruit inde magis Temp●a 〈…〉 dedit ●gros Nequitiae lapsum justiciaeque locum Novit enim Regno ve●um p●rquirere ●a●●o Immensum modico perpetuumque brevi Immediately after his death Res et spes Anglorum retro s●blapsae sunt totins Regni status e●t perturbatus et post ●empus laetitiae quod i●●ius ●empore vigebat pacificè caepit tribulatio un●ique advenire as Malmesbury Wigorniensis Hoveden Simeon Dunelmensis and Bromton observe such an incomparab●e lo●s was the death of so just pious and prudent a King to the whole Nation qui ju●entutis vitia po●●ea m●gnis virtutib●s delevit when most others do quite contrary King Edgar at the time of his decease leaving behind him two Sons by two venters Edward his eldest Son by Queen Ethelfleda his first Wife then but 12. years old and Ethelred his second Son by his second Queen Elfreda then not much above 7. years of age 〈◊〉 arose ●●re●t contention amongst the Nobles of the Realm about choosing of a new King ●or Queen 〈◊〉 wi●h A●fe●us Duke of Mercia and many other Nobles siding with the maried Secular Priests against the M●nkish Clergy combined to advance ●oung Ethelred● electing him unanimously for their King disavowing Edwar● as illegitima●e and begot●en of an harl●● before mariage as Malmesbury de Gestis Regum l. 2. c. 8. Osburn in the life of Dunstan Nicholas Trivet Iohannis Parisi●nsis Vincentius Antoninus Matthew P●rker in the Life of Archbishop Dunstan Mr. Fox and others repute him though Ingulphus Huntindon Hoveden Mat Westminste● Florentius Wigornensis Bromton Abbot Ethelred Simeon Dunelmensis Radulphus Cistrensis and the generality of our modern Historians repute him Edgars lawfull Son and right heir to the Crown Whereupon the most of the Nobles elected him to succeed unto his Father The two Archbishops Dunstan and Oswald with all the Bishops Abbots and Clergy of the Monkish faction holding their new-gotten States dangerous and their footing unsure if in the nonage of the King their Opposites should rule all under him as they imagined they would if Ethlred were elected by them● thereupon abetted the Title of Edward as altogether wrought to their mould and treading in his Fathers footsteps lawfully begotten in the nuptial bed of Queen Ethelfleda right heir to his Father and by him d●signed to succeed him Their claimes thus banded amongst the Nobles Duustan and Oswald foreseeing the danger prudently assembled all the Bishops Abbots and Nobles together in a Great Council to debate their rights and settle the title Where Archbishop Dunst●n as ●ome write comming in with his Cross and Banner dum consecr●tionis ejus ●empore nonnulli Patriae Optimates resistere voluissent no●●taying ●or further debating de Iure presen●ed Prince Edward in the mid●t of them de Facto for their Lawfull King as his Father had declared him at his death Upon which the Major part of the Council being Clergymen elected● anointed and consecra●ed Edward for their King Quibusdam Optimatum murmurantibus some of the No●les of ●he contrary party murmuring at it especially Q●een Elfrida who thought to advance her young Son to the Throne that so she might rule all things and reign under the colour of his name as Dunstan and the Monkish Clergy did under the colour of King Edwards whose Counsels and admonitions he diligently followed in all things and judgements acted by him During the Interregnum and banding of these two parties about the right of the Crown and immediately after Edwards coronation there arose great controversies tumults and civil Warrs between the Monkish Clergy and maried Secular Pr●ests and the Nobles siding with both parties The marie● Priests presently upon Edgars death complained to Queen Elfrida Elfere and the Nobles That they were unjustly expelled out of their Churches by the Monks and their prevailing party alleging that it would be a very great and miserable dishonour to the Nation and shame to them ut novus advena veteres colonos migrare compelleret hoc nec Deo gratum ●utari qui veterum habitationem concessi●set nec alicui probo homini
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 ●t●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 ●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 ex●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 Wolm●r was elected Abbot of Evesham And this year King Edward DE COMMUNI CONCIDIO PROCERUM SUORUM as Bromton and others write mo●t likely when assembled in the Council at London married Edith daughter of Earl Godwin in patrocinium regni sui he being the mo●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 C●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 Engla●d The next year 1046. Osgodus Clapa was banished out of England Swan● King of Denmark Anno 1047. sent Ambassadours to King Edward desiring him to send a Navy to him agai●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 vid●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 assi●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. P●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 ●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 pro● 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 Ferno●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. P●ga and to the Monks there serving God whence by consequence he al●edged That seeing Abbot Wulgat and his Monks did not serve God and S. Pega from th●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 haereditariū de monachis ecclesiae sanctae Pegae alienatū perpetuo sublatum Quod tum per universum Regnum citius ●uisset cognitum scilicet Abbatum de Peikirk
and slaying such as resisted them Then marching from Severn into the confines of Somersetshire and Dorsetshire they plundered many Towns and Villag●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 Plimo●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 Sou●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 h●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 r●ght Iustic● to all the people then they banished Robert arch-bishop o Canterbury Will●am B●shop of London Vlfe Bishop of Dorchester and all the other Normans who incens●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 Histo●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 Archiepis● 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 witho●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 Engl●sh man ought to be condem●ned executed imprisoned or put to death upon any great mans bare suggestion no not by the Kings ow● 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