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A91297 The third part of a seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, laws, government of all English freemen; with a chronological collection of their strenuous defenses, by wars, and otherwise: of all great Parliamentary Councills, synods, and chief laws, charters, proceedings in them; of the publike revolutions of state, with the sins and vices occasioning them; and the exemplary judgements of God upon tyrants, oppressors, perjured perfidious traitors, rebels, regicides, usurpers, during the reigns o [sic] four Saxon and Danish Kings, from the year of our Lord 600. till the coronation of William the Norman, anno 1066. Collected out of our antientest, and best historians, with brief usefull observations on and from them. / By William Prynne esq; a bencher of Lincolns Inne.; Seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen. Part 3 Prynne, William, 1600-1669. 1657 (1657) Wing P4102; Thomason E905_1; ESTC R207432 279,958 400

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secularibus nec non Regalibus Tributis Majoribus et Minoribus seu Taxationibus quae nos W●tereaden appellamus Sitque omnium rerum libera pro remissione animarum peccatorum meorum ad serviendum soli Deo sine expeditione et pontis constructione arcis munitione ut eo diligentius pro nobis preces ad Deum sine cessatione fundant quo eorum servitutem in aliquo levigamus The Copies in our Historians vary in some expressions and in the date of this Charter some placing it in Anno 855. others Anno 865. This Charter as Ingulphus records was made at Winchester Novemb. 3. Anno. 855. praesentibus subscribentibus Archiepiscopis Angliae universis nec non Burredo Merciae Edmundi East-Anglorum rege Abbatum Abbatissarum Ducum Comitum Procerumque totius terrae aliorumque fidelium infinita multitudine Dignitates vero sua nomina subscripserunt After which for a greater Confirmation the King offered the Written Charter up to God upon the Altar of St. Peter where the Bishops received it and after sent it into all their Diocesses to be published and hereupon the Bishops of Sherburne and Winchester with the Abbots and religious persons on whom the said benefits were bestowed decreed That on every Wednesday in every Church all the Friers and Nuns should sing 50 Psalms and every Priest 2 Masses one for the King and an other for his Captains It is observable 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 necessity were so far from taking away the Lands and Tithes of the Church for defence of the Realm or from imposing new unusual 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 forth 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 salubre cum Episcopis Comitibus ac cunctis Optimatibus meis which Charter is subscribed 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 ver ò minuere vel mutare nostram donationem praesumpserit noscat se ante tribunal Christi redditurum rationem nisi prius satisfactione emendaverit usual in such Charters Aftet 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 Judith 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 women of England he had married the Daughter of the King of France an alien et contra morem et Statuta Regum West-Saxonum and against the use and Statutes of the Kings of the West-Saxons called Ju●ith the King of France his Daughter whom he lately espoused Queen and caused her to sit by his side at the Table as he east●d For the West-Saxons permitted not the KingsWife to sit by the King at the Table nor yet to be caled Queen but the Kings Wife Which Infamy arose from Eadburga Daughter of King Offa Queen of the same Nation who destroyed her Husband King Brithr●ic with poison and sitting by the King was wont to accuse all the Nobles of the Realm to him who thereupon deprived them of l●fe or banished them the Realm whom she could not accuse● she used to kill with poison Therefore for this mis-doing of the Queen they all conjured and swore that they would never permit a King to reign over them who should be guilty in the premises Whereupon 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 between the Father and the 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 part 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 Nation of the West-Saxons would have fought for the King thrust his Son Ethelbald from the right of the Kingdom and ba●ished him and his Complices out of the Realm qui tantum facinus perpetrare ausi sunt Regem à regno proprio repellerent which Wigorniensis Anno 855. ●iles 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 satisfied his Sons desire so that where the Father ought to have reigned by the just judgement of God there the obstinate and wicked Son reigned This 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 postmodum 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 Essex 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
The first moity was for Pious uses which he subdivided into three parts The first parcel he bestowed in Almes to 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 expeditions 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 opprimere●tur et indebitis exactionibos gravarentur That the poor people should not be oppressed by Sheriffs and other Officers nor burthened with unjust Exactions or Contributions Yea by his large Almes and Gifrs he sent 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 Quicunqu● 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 the Reader may peruse them where in 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 anywriting 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 again 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 praestarent ita hostes contemptui milit●bus Regi risui erant as Malmesbury writes The Country people themselves fighting 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 Patron 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
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 drink below those 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 the 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 through 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 Dificers lest the Poorer sort of people should suffer presudice or be oppressed by the Greater Richer And whether his Judges or Justices judged uprightly according to the Laws or injured any through Brivery Malice or Partiality Violati Juris severus ultor being a severe Revenger of his violated Laws sparing neither Rich nor Poor but judging him justly according to the quality of his transgression In hoc Justitiae in il●o fortitudinis in utrcque Reipublicae Regni utilitatibus consulens as Wiliam of Malmesbury and Flor. of Worcester report of him Et ideo tempore suo latrones nulli fuerunt nec aliquis qui Guerram vel turbationem in Regno movere audebat Merito ergo non infirma inter Anglos fama est nullum nec ejus nec superior is aetatis Regem in Anglia recto aequabili judicio Edgaro comparandum He being Flos et Decus antecessorum 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 seek to keep him company Towards the end of his Reign the Welchmen moving some rebellior he 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 after he had reigned thus 16 years and two months in great tranquillity and honor totum regnum sanctis legibus st●enue gubernantem as Eadmerus relates of him he died happily O● Tuesday the 8 of July 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 Regna supe●na petit Hic alter Solomon legum Pater Orbita Pacis Quod caruit bellis claruit inde magis Tem●la Deo 〈…〉 dedit agros Nequitiae lapsum justiciaeque locum Novit enim R●gno verum perqu●rere falso Immensum modico perpetuumque brevi Immediately after his death Res et spes Anglorum retro sublapsae sunt totius Regni status est perturbatus et post tempus laetitiae quod illius tempore vigebat pacificè caepit tribulatio undique advenire as Malmesbury Wigorniensis Hoveden Simeon Dunelmensis and Bromton observe such an incomparable loss was the death of so just pious and prudent a King to the whole Nation qui juventutis vitia posteamagni● virtutibus 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 There arose a great contention amongst the Nobles of the Realm about choosing of a new King For Queen Elfreda with Alferus Duke of Mercia and many other Nobles fiding with the maried Secular Priests against the Monkish Clergy combined to advance young Ethelred electing him unanimoufly for their King disavowing Edward as illegitimate and begotten of an harlot before mariage as Malmesbury de Gestis Regum l. 2. c. 8. Osburn in the life of Dunstan Nicholas Trivet Johannis Parisiensis Vincentius Antoninus Matthew Parker in the Life of Archbishop Dunstan Mr. Fox and others repute him though Ingulphus Huntindon Hoveden Mat Westminster 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 designed to succeed him Their claimes thus banded amongst the Nobles Duustan and Oswald foreseeing the danger prudently assembl●d all the Bishops Abbots and Nobles together in a Great Council to debate their rights and settle the title
Normandy and elected King principally by the help and counsel of Earle Godwin himself who as Malmesbury 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 rested properly in the Earls and Barons not the King and that their judgement was not repealable by but obligatory to the 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 stile 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 son 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 exile 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 Wolmar was elected Abbot of Evesham And this year King Edward DE COMMUNI CONCILIO PROCERUM SUORUM as Bromton and others write most likely when assembled in the Council at London married Edith daughter of Earl Godwin in patrocinium regni sui he being the most 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 Cnute'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 v 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 England The next year 1046. Osgodus Clapa was banished out of England Swane King of Denmark Anno 1047. sent Ambassadours to King Edward desiring him to send a Navy to him against 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 videbatur 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 assistance 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. Pega 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
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 tutari debeas eos ipse potissimum inauditos adjudices And so Godwin depa●ted at that time little regarding the Kings fury as being but momentany Quocirca Totius regni Proceres fussi Glocestriam conventre uf ibi magno conventu res ventilaretur Therefore all the Lords of the land were commanded to assemble together at Glocester that this matter might be there debated in a great Parliamentary assembly Thither came the most famous Earle Syward of Northumberland and Leofric Earle of Mercia Omnibus Anglorum Nobiles and all the English Nobility at that time only Godwin and his Sonnes who knew themselves suspected thought it not safe for them to come thither without an armed Guard whereupon they encamped at Breverstone 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 Essex 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 Sonnes 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 Countries 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 Dover 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 erercitum contra ipsum collegerat sine ejus licentia pacem regni perturbaverat veniret ad eum die statuta super hac injuria sibi resonsurus 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 fuissent 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 together which Counsel being approved of and meslengers 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 it 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 Juriparituri 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 life 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 upon their refusal to come unto his Court to justify themselves Her 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 unanimous 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 Proolamation was then published that within five dayes they should depart out of England Godwin perceving that his souldiers deserted him some some for fear of the Kings Army and displeasure thereupon he and his wife Giva 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 sonnes Harold and Leofric failed by Bristol into Ireland Moreover the King put away his Queen Editha 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 suspirant bus sola sterteret in pluma Harolds Earldom and County w●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 ment io nulla facta inter eos fuit writes Iugulphus 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 pillaged the western parts of England infesting the shores with continual robberies carrying away rich booties and slaying such as resisted them Then marching from Severn into the confines of Somsetshire and Dorsetshire they plundered many Towns and Villages 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 Plimouth 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 de populating 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 Southwark 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 Jerusalem to expiate the murder of Beorne together with the Queen his daughter to their former honours Godwin giving his Sonne VV●lnoth and Hake the Son of Swane his hostages to the King for his keeping of the peace and future loyaltie to him 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 Justice 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 incensed and gave the King evill counsel against Earle Godwin and the English and had invented unjust laws and pr●nounced unjust judgements against them permitting only some few Normans nominated in our Historians 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 without expecting any actual violence