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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	great_a	king_n	scot_n	2,247	5	9.2324	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

with the Second part as a branch thereof above two years since but that the Stationer then kept it back for fear it should swell that Part overbigg for his present Sal● whereby th● bulk of this Third Part is now augm●nted beyond its first intended proportion which all Readers may do well to binde up with the two former parts to which it hath special relation more particularly to the ten Propositions in the First Part to which the Proposition figures in the margin refer The most of that large tract of 450. years space I have here Chronologically run through was spent either in bloody intestine wars between our Saxon Kings themselves or the Welsh Buitons warring upon and against each other or else in defensive Wars both by Land and Sea against the invading bloody p●●●dening Danes Norwegians Scots Normans and other Foreign Nations During which Military seasons Religion Devotion Piety Law Iustice Parliamentary Councills Synods and just Government are usually cast a side and quite trampled under foot yet it is very observabl● for the perpetual honour of our Kingdom and Kings that as during the reign of our antient British Kings before the Saxon race here seated our Kingdome of Brittain produced Lucius the first Christian King Helena the first Christian Queen and Constantine the great her son the first Christian Emperour in the world who publickly imbraced professed countenanced propagated the faith and Gospel of Iesus Christ and abolished Pagan Idolatry in their Dominions And of later times as our English Realm brought forth King Henry the 8th the first Christian King in the world who by Acts of Parliament abolished the Popes usurped power and jurisdiction out of his Dominions King Edward the sixth his son the first Christian King and Queen Elizabeth the first Christian Queen we read of in the world who totally abolished suppressed Popery banished it their kingdoms and established the publike Profession of the Protestant Religion by publike Statutes made in their Parliaments So during the reigns of our Saxon Kings after they turned Christians this Realm of England procreated more devout holy pious just and righteous Kings eminent for their piety justice excellent Ecclesiastical and Civil Laws transcendent bounty to the Church Clergy and Martyrdom for the defence of Religion and their Country against Pagan Invaders than any one Kingdom throughout the World There being no less then 15 or 16 of our Saxon Kings and 13 Queens within 200 years space who out of piety devotion and contempt of the world according to the piety of that age ●ut of date in this voluntarily renounced their earthly Crowns and Kingdoms and became professed Monks Nuns to obtain an incorruptible Crown and Kingdom in Heaven 12 Kings crowned with Martyrdom being slain by Pagan invaders 10 of them being canonized for transcendent Saints and enrolled for such in all Martyrologies Liturgies of the Church which I doubt few of our new Republican Saints will he Yea the piety of our Kings in that age was generally so surpassing Ut mirum tunc fuerat Regem non Sanctum videre as John Capgrave informs us Whence Wernerus a forein Chronologer in his Fasciculus temporum records Plures se invenisse sanctos Reges in Anglia quam in alia mundi Provincia quantumcunque populosa And Abbot Ailred long before him gives this memorable testimony of the Sanctity Martyrdom Justice and study of the peoples publike we al before the private shining forth in our Saxon Kings more than in any other kings throughout the world Verum prae cunctis civitatibus Regnisve terrarum de sanctitate Regum suorum Anglia gloriatur quorum alii coronati martyrio de terreno ad caeleste Regnum migraverunt alii exilium patriae praeferentes mori pro Christo peregre deligerunt nonnulli posito diademate disciplicinis se monasticis subdederunt quidam in justitia et sanctitate regnantes prodesse subditis quam praeesse maluerunt whose footsteps I wish the pretending self-denying antimonarchical domineering Saints over us would now imitate inter quos istud Sydus eximium gloriosus Rex Edwardus emicuit quem cernimus in divitiis egenum in deliciis sobrium in purpura humilem sub corona aurea se●uli contemptorem So as the Prophesies of Psal 72 2 6. Isay 42 4 10 12. c. 49. 1 23. c. 51 5. c. 60 9 10 11. c. 66. 19. seem to be principally intended and verified of our Kings Isle above all others in the world No wonder then that these ages of theirs afford us not withstanding all the wars tumults combustions therein sundry memorable Presidents of great Parliamentary Councils Synods Civil and Ecclesiastical excellent Laws and Canons made in royal Charters confirmed by them with divers memorable Mouuments both of our Parliamentary Councils Kings Princes Nobles Peoples constant care diligence prudence fortitude in defending preserving vindicating and perpetuating to posterity the good old Laws Liberties Franchises Rights Customs Government publike justice and Propriety of the Nation to suppress abolish all ill Law tyrannical unjust Proceedings Oppressions Exactions Imposts Grievances Taxes repugnant thereunto to advance Religion Pi●ty Learning the free course of Iustice and the peoples welfare Which I have here in a Chronological method for the most part faithfully collected out of our antientest best Historians and Antiquaries of all sorts where they ly confused scattered and many of them being almost quite buried in oblivion and so far forgotten that they were never so much as once remembred or insisted on either in our late Parliaments and Great Courts of Iustice in any late publike Arguments or Debates touching the violation or preservation of the fundamental Laws Liberties Properties Rights Franchises of the Nation now almost quite forgotten and trampled under foot after all our late contests for their defence I have throughout these Collections strictly confined my self to the very words and expressions of those Historians I cite coupling their relations together where they accord in one citing them severally where they vary and could not aptly be conjoyned transcribing their most pertinent passages in the language they penned them omitted by our vulgar English Chronologers and annexing some brief observations to them for Explanation or Information where there is occasion The whole undertaking I here humbly submit to the favourable acceptation and censure of every judicious Reader who if upon his perusal thereof shall esteem it worthy of such an Encomium as William Thorne a Monk of Canterbury hath by way of Prologue praefixed to his own Chronicle Valens labor laude dignus per quem ignota noscuntur occulta ad noticiam patescunt praeterita in lucem praesentia in experientiam futura temporibus non omittantur quia labilis est humana memoria necesse constat scriptis inseri memoranda ne humanae fragilitatis contingens oblivio fieret posteris inopinata confusio It will somewhat incourage me to proceed

from these remote obscure times to ages next ensuing in the like or some other Chronological method But if any out of disaffection to the work or diversity from me in opinion shall deem these Collections useless or superfluous I hope they will give me leave to make the selfsame Apology for my self and them as our most judidicus Historian t William of Malmesbury long since made for himself and his Historical collections Et quidem erunt multi fortassis in diversis Regionibus Angliae qui quaedam aliter ac ego dixi se dicant audisse vel legisse Veruntamen si recto aguntur judicio non ideo me censorio expungent stilo Ego enim veram Legem secutus Historiae nihil unquam po●ui nisi quod à sidelibus relatoribus vel scriptoribus addidici Porro quoquo modo haec se habeant privatim ipse mihi sub ope Christi gratulor quod continuam Anglorum Historiam ordinaveram vel solus vel primus at least wise in this kind Si quis igitur post me scribendi de talibus munus attentaverit mihi debeat collectionis gratiam sibi habeat electionis materiam Quod superest munus meum dignanter suscipite ut gaudeam grato cognitoris arbitrio qui non erravi eligendi judicio Thus craving the Benefit of thy Prayers for Gods Blessing on these my publications for the common liberty weale and Benefit of the Nation I commend both them and thee to Gods tuition and benediction WILLIAM PRYNNE Lincolns Inne December 6. 1656. A Seasonable Legal and Historical Vindication of the good old Fundamental Liberties Rights and Laws of England Chapter 3. Section 4. Comprehending a brief Collection of all the most observable Parliamentary Councils Synods Conventions Publique Contests Debates Wars Historical Proceedings Passages Records relating to the fundamental Liberties Franchises Rights Customs and Government of the People under our English Saxon Kings from the year of our Lord 600 till the death of King Edmund Ironside and reign of Cnute the Danish King Anno Dom. 1017. with some brief Observations on and from the same IN the former Section I have presented you with a general brief Account of our first English Saxon Christian Kings limited Power and Prerogative being obliged to govern their English-Saxon Subjects not arbitrarily but justly according to their known Laws and totally disabled to alter repeal any old or enact any new Laws to impose any publique Taxes Tallages Imposts Customs whatsoever on their people upon any real or pretended necessity to make any War Peace or to alienate the Lands or ancient Revenues of their Crowns to any pious publique or private uses whatsoever without the common consent of their Nobles and Wisemen in general Parliamentary Councils together with a Summary of the Laws of Ethelbert the first Christian Saxon King wholly pretermitting the Names Acts Kingdoms of our first Pagan Saxon Usurpers rather than lawfull Kings who though many and great in their generations were very speedily brought to nothing their Kingdoms begun erected by blood conquest and meer power of the Sword standing not long unshaken by civil wars among themselves each King envying his equals greatness and seeking to inlarge his own Dominions upon the next In which Combustions few or none of them came to the Grave in due time but were either slain in war or treacherously murdered in Peace or expelled their Realms by or forced to resign their Crowns to others after all their former prosperous successes and reigns wholly spent in Wars Troubles Seditions Rebellions Rapines affording nothing worthy memory for their peoples good the Kingdoms settlement or imitation of Posterity Whence Henry Huntindon in the close of the 2 Book of his Histories p. 320 hath this Observation concerning them very seasonable for our present times Vide igitur Lector perpende quanta Nomina quam cito ad nihilum devenerint Attende quaeso stude cum nihil hic duret ut adquiras tibi regnum substantiamillam quae non deficiet Nomen illud honorem qui non pertransibit monimentum illud claritatem quae nullis saeculis veterascet Hoc praemeditare summae prudentiae est acquirere summae caliditatis adipisci summae faelicitatis I shall now in this Section proceed in my intended Chonological Method to their next succeeding Christian Saxon Kings reigns in England till the reign of King Cnute the Dane Anno Domini 1017. It is recorded of Aethelbert the first Christian Saxon King of Kent that keeping the Feast of our Saviours Nativity at Canterbury with his Queen Eadbald his Son Arch-Bishop Augustine and the Nobles of the Land he there held a Parliamantary Council with them on the 5. of January in the year of our Lord 605. Which Thomas Sprot thus expresseth in the Language of his age rather than of that Convocato ibidem communi Concilio tam Cleri quam Populi dic quinto Januarii he did then and there Omnium singulorum approbatione consensu as he relates or cum consensu Venerabilis Archie ●iscopi Augustini Ac Principum meorum cum Aedbaldi filii mei aliorumque Nobilium optimatum meorum Consilio as his Charters recite give grant and confirm to the Church of St. Peter and Paul in Canterbury for ever sundry Lands pretious Utensils Privileges and Immunities by his Charters made and ratified in this Council In which it is most probable he likewise made those Judicial Decrees and Laws with the advice of his Wise men for the benefit of his people in his own Country Saxon Language Which our venerable Beda William of Malmesbury Huntindon Bromton and others mention only in the general and Bishop Enulph hath registred to posterity in his famous manuscript intituled Textus Roffensis of which I have given you some account before Section 3. p. 50 51 52. on which you may reflect In the year of Christ 627 Paulinus perswading Edwin King of Northumberland to become a Christian to avod eternal torments and to be made a partaker of the Kongdom of Heaven The King answered That he was both willing and ought to receive the faith which he taught but he ought first to confer with his Friends Princes and Counsellors concerning it that so if they concurred in judgement with him they might all be baptized together Assembling therefore his Wisemen and advising with them he demanded severally of them all What that Doctrine which they never heard of till then and that new worship of God which was preached by Paulinus seemed to them To whom Coyfi the chief of the Priests presently answered Do thou consider O King what that Religion is which is now preached to us I profess unto thee that which I have most certainly learned that the Religion we have hitherto imbraced hath no virtue at all in it whereupon it remains that if those new things which are now preached unto us shall appear to thee upon

of his Kingdom shed much blood For ne came to the Crown by the slaughter of King Bernred forementioned deposed and slain by him for his usurpation Tyranny and Mis-government then he invaded and slew with his own hand Alrick King of Kent routed his forces and reduced that kingdom under his own After this marching from South to North even beyond Humber he made Havock of all that stood in his way Whence returning in Triumph he set upon the West-Saxons and vanquished them forced their king Kenwolf to fly into Wales to the Britons for aid then en●red into Wales routed their King Marmodius for breaking his Truce made a great slaughter of the Britons after ten years prosperous wars to conquer others returned victoriously into his own territories After his return thither to compleat his bloody Tragedies Ethelbert King of East-Angles coming upon solemn invitation to his Court in great state to marry his Daughter was there treacherously murdered by his Wife Quendreda's solicitation and practice with his privity and consent who caused a deep pit to be digged in his Bed chamber under his Chair of State or Bed into which he falling was there treacherously murdered and his head cut off by Gaymbertus who presented it all bloody to King Offa who to colour the business seeming to be sorrowfull for this murder shut himself up in his Chamber and there fasted 8 days space but then sending a great Army into the Kingdom of this murtherea Prince seised on united it to his own Empire But Gods exemplary vengeance pursued this hainous bloody Treachery notwithstanding all his feigned magnified Saintship and works of Charity and Piety for within one year after this bloody fact committed both Queendreda Offa and their Son Egfrid the only joy and pride of his Parents all died and his very kingdom it self was translated from the Mercians to the West-Saxons whom he had conquered and oppressed O that all men of blood and unjust invaders of others Crowns Realms Possessions by war bloodshed and Treachery would seriously consider this President with all others of this nature both at home and abroad collected to their hands by Sir Walter Raughly in his excellent Preface before his famous History of the World About the year of Christ 797. Cynwolfe or Kenulph King of West-Saxons held a Council wherein he with his Bishops unacum caterva Satraparum and likewise with a great company of his Nobles there assembled writ a Letter to Lullus Bishop of Mentz touching some matters of Religion then in Debate In the year 798. the third of King Kenulph his Proposit 5 6. reign there was a great Parliamentary Synod assemat Anno. 798. Pinchamhalch wherein Eanbaldus or Embaldus Archbishop of Yorksate President with very many wise and great Men by whose Wisdom and Justice the Kingdom of Northumberland was then much advanced and renowned Who after they had debated many things concerning the benefit of holy Church and profit of all the Provinces of the People of Northumberland the observation of Easter and of Divine and secular Laws the increase of Gode service and the honours and necessities of the servants of God rehearsed and ratified the faith of the 5 first General Councils concerning the Trinity in brief and pithy expressions fit now to be revived in these times of Heresie and Blasphemy The same year there was another Great Council held at Bacancold wherein Kenulph King of Mercians sate President Athelardus Archbishop of Canterbury 17 other Bishops sundry Abbots Arch-deacons and other fit persons being there likewise present Wherein by the command of Pope Leo it was decreed That from thenceforth no Laymen should exercise Dominion over the Lords Inheritance and Churches but that they should be governed by Holy Canons and the Rules of their first founders and possessors under pain of Excommunication and that Christ-church in Canterbury should be restored to its antient Metropolitan Jurisdiction Which all the Prelates and Abbots confirmed with their Subscriptions And this year this King consecrated the Church of Winchelcumbe endowing it with great gifts and possessions in a kind of Parliamentary Assembly of 13 Bishops and 10 Dukes where he manumitted and set free at the high Altar Edhert King of Kent surnamed Pren whom he had taken prisoner in Battel Moreover Eanbaldus Archbishop of York this year assembled a Synod at Fin●hale most likely for the assistance of Eardulfus King of Northumberland against Duke Wadus and other Conspirators who rose up against him whom he vanquished and utterly routed after a long and bloody battle at Bilingeho where many were slain on both sides which History Matthew Westminster couples with this Synod An. 798. King Kenulph in the year 799. By the consent of his Bishops and Princes at the request of Athelardus Archbishop of Canterbury restored to Christ-Church in Canterbury four parcels of Land which king Offa had formerly taken from it and gave to his Servants free from all secular service and Regal Tribute ratifying this restitution by his Charter signed with the Cross that it might remain inviolable by their concurrent assent There was a Provincial Council held at Clovesho or Clyffe In the year of our Lord 800. by Kenulf king of Mercians Athelwerdus Archbishop of Canterbury and all the Bishops Dukes Abbots cujuscunque dignitatis viros and men of all sorts of aignity where after some inquiry how the Catholique Faith was kept and Christian Religion practiced amongst them The Lands which king Offa and king Kenulph had forcibly taken away from Christ-Church with the Nunnery of Cotham and the Hides of Land called Burnam were Synodali Judicio by the Judgement of the Council restored to Christ-Church Et omnium voce Decretum est and It was decreed by the voice of all the Council upon sight of the Books and Deeds there produced before them by the Archbishop that it was just Cotham should be restored to Christ-Church being given to it by King Aethelbald by his Charter of which it had for a long time unjustly been spoiled notwithstanding the frequent complaints made by Archbishop Bregwin and Iambert in every of their Synods In hoc Concilio annuente ipso Rege Athelardus recuper avit dignitates possessiones quas Offa Rex Merciorum abstuler at Iamberto writes Gervasius After which the Archbishop in this Council made this Exchange with Cynedritha then Abbess of Cotham that she and her successors should enjoy all the Lands and Nunnery of Cotham in lieu whereof she should give to him one hundred and ten Hydes of Land in Kent lying in Fleot Tenaham and Creges together with all the writings thereto belonging which exchange was made before confirmed and attested by this Noble Synod that so no Controversie might arise between them their Heirs and Successors or King Offa 's in future times concerning the same but that they might peaceably injoy them without interruption for ever And moreover the Archbishop gave

Kenulph After the decease of her father the Tort Feasor 4ly That the same cause and complaint was revived continued ended in succeeding that rested undecided and unrecompensed in former Councils 5ly That Agreements Exchanges and Judgements given upon Complaints in Parliamentary Councils were conclusive and final to the Parties and their Heirs 6ly That Injuries done by the power of our Kings or great Men in one Parliamentary Council as in dividing the Archbishoprick of Canterbury c. were examined redressed by another subsequent Council 7ly That Parliamentary Councils in that Age were very frequently held at least once or twice a year if not interrupted by wars and that usually at Clovesho according to the Decree of the Council of Heartford under Archbishop Theodor That the Bishops once a year should assemble together in a Council at Clovesho as Gervasius Doroberniensis records there being 4 Councils there and elsewhere held in King Beornulfs 4 years reign I find m another Council held at Clovesho in the year 824 the 3. of the Calends of November under Beornulf King of Mercians and Wulfred Archbishop of Canterbury where this King which all his Bishops and Abbots and all the Princes Nobles and many most wise men we●e assembled together Amongst other businesses debated therein there was a sute between Heabere Bishop of Worcester and the Nuns of Berclea concerning the inheritance of Aethelfrick Son of Aethelmund to wit the Monasterie called West-Burgh the Lands whereof with the Books the Bishop then had as Aethelfrick had before commanded that they should be restored to the Church of Worcester This Bishop with 50 Mass Priests and 160 other Priests Deacons Monks and Abbots whose names are recorded in the Manuscript swore that this Land and Monastery were impropriated to his possession and Church which Oath with all these fellow swearers he was ordered to take at Westminster and did it accordingly after 30 nights respire Whereupon It was ordained and decreed by the Archbishop all the Council consenting with him that the Bishop should enjoy the Monastery Lands and Books to him and his Church and so that sute was ended and this Decree pronounced thereupon Quapropter si quis hunc agrum ab illâ Ecclesiâ in Ceastre nititur evellere contra Decreta sanctorum Canonum sciat se facere quia sancti Canones decernunt Quicquid Sancta Synodus universalls cum Catholico Archiepiscopo suo adjudicaverit nullo modo fractum vel irritum esse faciendum Haec autem gesta sunt Hi sunt Testes Confirmatores hujus rei quorum nomina hic infrà notantur à die tertio Calend Novembrium Ego Beornulf Rex Merciorum hanc chartulam Synodalis decreti signo sanctae Christi Crucis confirmavi Then follows the Archbishops Subscription and confirmation in like words with the subscriptions of sundry Bishops Abbots Dukes and Nobles being 32 in number all ratifying this Decree An. 833. Egbert King of West-Saxons Athelwulfe his Son Witlasius king of Mercians both the Archbishops Abbots cum Proceribus majoribus totius Angliae with the greatest Nobles of all England were all assembled together at London in a National Parliamentary Council pro consilio capiendo contra Danicos Piratas Littora Angliae assidne infestantes to take Counsel what to do against the Danish Pirates dayly infesting the Sea-Coasts of England In this Council the Charter of Witlasius king of Mercians to the Abbey of Croyland where he was hid and secured from his enemies was made and ratified wherein he granted them many rich gifts of Plate Gold Silver Land and the Privilege of a Sanctuary for all offenders flying to it for shelter which grant could not be valid without a Parliamentary confirmation for he being elected King omnium consensu after the slaughters of Bernulf and Ludican two invading Tyrants cut off in a short time qui contra fas purpuram induerent regno vehementet oppresso totam militiam ejus quae quondam plurima extiterat victoriosissima sua imprudentia perdiderant as Ingulphus writes was enforced to hold his kingdom from Egbert king of West-Sax●ns under a Tribute And thereupon conferring divers Lands by his Charter to this Abbey for ever to be held of him his heirs and Successors Kings of Mercia in perpetual and pure Frankalmoigne quietae solutae ab omnibus oneribus secularibus exactionibus vectigalibus universis quocunque nomine censeantur That his grant might be sound and valid he was necessitated to have it confirmed in this Parliamentary Council by the consent of King Egbert and his Son and of all the Bishops Abbots et Proceribus Majoribus Angliae and the greater Nobles of England there present most of them subscribing and ratifying this Charter with the sign of the Cross and their names About the year of Grace 838. there was a Parliamentary Council held at Kingston in which Egbert king of the West-Saxons and his Son Aethelwulfe Ceolnoth Archbishop of Canterbury with the rest of the Bishops and Nobles of England were present Amongst many things there acted and spoken Archbishop Ceolnoth shewed before the whole Council That the foresaid Kings Egbert and Aerhelwulfe had given to Christchurch the Mannor called Malinges in Sussex free from all secular service and Regal Tributes excepting only these three Expedition building of Bridge and Castle which foresaid Mannor and Lands King Baldred gave to Christchurch Sed quia ille Rex cunctis Principibus non placuit noluerunt donum ejus permanere ratum But because this King pleased not all his Nobles they would not that this his gift should continue firm To which Sir Henry Spelman adds this Marginal Note Rex non potuit distrahere patrimonium Regni sine assensu Procerum Wherefore the foresaid Kings in this Parliamentary Council with their Nobles assent at the request of the said Archbishop regranted and confirmed it to Christchurch with this Anathema annexed against the infringers of this grant If any shall presume to violate it on the behalf of God and of us Kings Bishops Abbots and all Christians let him be separated from God and let his portion be with the Devil and his Angols Polydor Virgil records that King Athelwulfe in the year 847. going in pilgrimage to Rome repaired the English School there lately burned down and in imitation of King Ina made that part of his Kingdom which Eghert his Father had added Tributary towards it Legeque sancibit and enacted by a Law made in a Parliamentary Council that those who received 30 pence rent every year out of their possessions or had more houses should pay for those houses they inhabited every of them a penny a peece to the Pope for the maintenance of this School at the Feast of Peter and Paul or at least of St. Peters bonds which Law some writes he though falsely ascribr to his Son Alfred which act others refer to the years 855 or 857 and that

they easily condescening to gathered a very great Army together out of all parts and joyning all together with Beorred and his forces marched to Nottingham unanimously with a a resolution to give the Danes battel who sheltering themselves under the works of the Castle and Town refused to fight with them whereupon they besieged them in the Town but being unable to break the Walls they concluded a Peace at last with the Danes upon condition that they should relinquish the Town and march back again into Northumberland which they did where their Army continued the whole year following in about York debacchans insaniens occidens perdons perplurimos viras muli●res Abbot Ingulphus records that during the siege of Nottingham King Beorred as he stiles him at the request of Earl Algar the younger who was very gracious with him and the other Kings causâ suae nobilis militiae granted a Charter of Confirmation not only of all the Lands Advowsons Possessions which this Earl with other particular persons and Kings had given to the Abby of Croyland but likewise of all their former Privileges confirming all their Ilands Marishes Churches Chapels Mannors Mansions Cottages Woods Lands Meadows therein specified to God and Saint Guthlae for ever Libera Soluta emancipata ab omni onere terreno servitio seculari in Eleemofynam aeternam perpetuo possidendam Which Charter hath this memorable exordium expressing the motives inducing this King to grant it Beorredus largiente Dei gratiâ Rex Merc●orum omnibus provinciis populis earum universam Merciam inhabitantibus fidem Catholicam conservantibus salutem sempiternam in Domino nostro Jesu Christo Quoniam peccatis nostris exigentibus manum Domini super nos extensum quotidiè cum virgâ ferreâ cernimus cervicibus nostris imminere Necessarium nobis salubre arbitror piis sanctae matris ecclesiae precibus Eleemosynarumque liberis largitionibus iratum Dominum placatum reddere et dignis devotionibus ejus gratiam in nostris necessitatibus auxiliariam implorare Ideoque et ad petitionem strenui Comitis mihi meritoque dilectissimi concessi regio Chirographo meo Theodoro Abbati Croyland Tam donum dicti Comitis Algari quam dona aliorum fidelium praeterit orum ac praesentium c. And it concludes thus Istud Regium Chirographum meum Anno Incarnationis Domini nostri Jesu Christi 868. Calendis Augusti apud Snothingham coram fratribus amicis omni populo meo in obsidione Paganorum congregatis sanctae crucis munimine confirmavi Then follow the subscriptions and confirmations of Ceolnoth Archbishop of Canterbury 5. Bishops 3. Abbots Ethelred king of West-Saxons and Alfred his Brother Edmund kingof East-Angle 2 Dukes and twelve Earls who all ratified this Charter After which Charter confirmed this king Beorred renders special thanks to all his Army for their assistance against the Danes especially to the Bishops Abbots and other inferior Ecclesiastical Persons for their voluntary assistance of him in those wars against these Enemies norwithstanding his Fathers exemption of them by his Charter from all military expeditions and secular services thus recorded by Ingulphus and most worthy observation Ego Beorredus Rex Merciorum Intimo animi affectu totisque praecordiis gratias exolvo speciales omni exercitui meo maximè tamen Viris Ecclesiasticis Episcopis Abbatibus aliis etiam inferioribus status dignitatis Qui licèt piissimae memoriae Rex quondam Ethelwulfus pater mens per sacratissimam Chartam suam ab omni expeditione militari vos liberos reddiderit ab omni servitio saeculari penitus absolutos● dignissimâ tamen miseratione super oppressiones Christianae plebis Ecclesiarumque Monasteriorum destructicnes luctuosas benignissimè compassi contra nefandissimos Paganos in exercitum domini prompti spontanei convenistis ut tanquam Martyres Christi cultus sanguine vestro augeatur barbarorum superstitiosa crudelitas effugetur From these last Passages it is apparent first That in those days our Saxon Kings made War and Peace by the advice and consent of their Nobles and Parliamentary great Councils 2ly That in cases of common invasion and danger by forein Enemies all the forces raised and ways and means to resist them were concluded on by advice and consent of these great Councils and not by the kings absolute power 3ly That all or most Church-men and their Church-lands in those days were absolutely freed and discharged from all military expeditions Contributions Aids and Assistance against Enemies by express Charters but only such as themselves voluntarily and freely contributed in cases of incumbent great Danger and Necessity without compulsion for which their kings rendred them special and hearty thanks acknowledging and confirming these their Immunities not violating them upon such Necessities as this Notable passage of Ingulphus attests together with that of Mat. West An. 867. Concerning Alstan Bishop of Sherborne a man of very great Power and Counsel in the Realm Contra Danos quoque quitunc primò insulam infestabam Regis Aethelulfi saevitiam exacuit Ipse ex fisco pecuniam accipiens ipse excercitum componens Martiis felix eventibus contra hostes bella plurima constanter peregit receiving Mony out of the Kings Exchequer not the Peoples Purses or Conrributions to manage these Wars and not warring on his own expences 4ly That the Nobles Gentry and People of the Realm were the only standing Militia in that Age to defend it against forein Enemies in times of danger or actual invasion when they marched out of their own Counties against them voluntarily and freely adventuring their lives for defence of their King Country Religion Liberties Properties as they did at this siege of Nottingham and during all the long-lasting Danish Wars Invasions and Depredations both by Land and Sea 5ly That our Christian Kings Nobles and great Councils of those days in times of greatest danger Invasion and Wars held it most seasonable and necessary to confirm and enlarge the Churches Patrimony Liberties and Privileges thereby to stir up their Clergy-men more earnestly to assist them with their Prayers not to diminish invade or infringe them under pretext of Real inevitable necessity and danger the practice of late and present times Whereupon they granted and confirmed this forecited Charter in the very Armi● during the siege of Notingham before all the Kings Princes Prelates Dukes Earls and people there present In the year 870. Inguar and Hubba with the rest of the Danes comming into Kesteven in Lineoln-shire wasting and slaying all the Country with fire and sword thereupon Earl Algarus Osgot Sheriff of Lincoln and all the Gentry and People in those parts with the Band of the Abby of Croyland ●nder the Command of 〈◊〉 a Monk formerly a Souldier consisting of 200 stout men most of them Fugitives thither for Sanctuary uniting all their forces together in Kesteven on the Feast of St. Maurice fought

Where Archbishop Dunstan as some write comming in with his Cross and Banner dum consecrationis ejus ●empore nonnulli Patriae Optimates resistere voluissent not staying for further debating de Jure presented Prince Edward in the midst 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 consecrated Edward for their King Quibusdam Optimatum murmurantibus some of the Nobles o● the contrary party murmuring at it especially Queen 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 Priests 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 putari qui veterum habitationem concessi●set nec alicui probo homini qui sibi idem timere possit quod aliis praejudicio accedisse cerneret Hereupon many clamours and tumults arising among the people they went to Archbishop Dunstan Praecipue Proceribus ut Laicorum est succlamantibus praejudicium c. but especially to the Nobles as the manner of Laymen is crying out unto them that the Secular Clergy were prejudged and suffered unjustly being eaepelled their antient posessions without cause that they ought to be more mildly dealt with and restored to their Rights Dunstan giving a deaf ear to these their just complaints many of the Princes and Nobles thereupon in a tumultuous manner expulsed the Abbots and Monks out of the Monasteries wherein King Edgar had placed them and brought in the maried Clerks with their wives in their places as at first Among others Alfere Earl of Mercia gathering great forces and using much insolence overturned almost all the Monasteries King Edgar and Bishop Ethelwold had built in the Province of Mercia quorundam Potentum assensu et factione placing maried Priests in them This they did magnis occaecati muneribus by the maried Clergy as Hoveden Simeon Dunelmensis Florentius Wigorniensis and our Monkish Historians assert To which Abbot Ingulphus subjoyns Cujus Regis Edwardi sancta simplicitate et innocentia tàm abusa est factio Tyrannorum per Reginae favorem et potentiam praecipue roborata quod per Merciam Monachis de quibusdam Monasteriis ejectis Clerici sunt inducti Qui statim Monasteriorum maneria Ducibus terrae distribuebant ut sic in suas partes obligati eos contra Monachos defensarent Tunc de Monasterio Eveshamensi Monachis expulsis Clerici fuerunt introducti Terraeque Tyranni de terris Ecclesiae praemiati sunt quibus Regina cum novercali nequitia stans cum Clericis in Regis opprobrium favebat Cum Monachis Rex et sancti Episcopi persistebant Sed Tyranni fulti Reginae favore et potentia super Monachos triumphabant The Monks on the contrary to secure their interest by like Bribes and means as is most probable though our Monkish Historians conceal it stirred up Ethelwin Duke of the East-English and Brithnorth Earl of Essex men of great dread and power to appear in their quarrel and resist rhe opposite party Qui in Synodo constituti who assembled together in a Synod or Council for that end protested That they would never indure the Monks should be cast out of the Realm who held up all Religion in the Kingdom After which they raised a mighty Army defending with great valour the Monasteries of the Eastern English keeping the Monks in possession of them This fire between the Monks and maried Priests thus blown from a spark to a flame was feared to mount higher if not timely quenched Wherefore by mediation of Wise men arms being laid aside the cause was referred to be heard and decided between them in a Great Council of the whole Kingdom For which end there was a famous Council summoned and held at Winchester which some Historians antedate in Edgars life others place in the Interregnum after his death but the series of Story and most judicious Antiquaries evince it to be after Edwards Coronation Anno 975. In this Great Council the King and Archbishop Dunstan sitting in their Thrones as chief Judges of the Controversie in the East-End of the Hall of the Refectory of Winchester Abby near the wall wherein there was a Crucifix immured just behind them Duces cum torius Regni Magnatibus the Dukes with all the Nobles of the Realm and the expulsed maried Clerks standing on the left side of the Refectory and pleading for themselves that they might be restored and Oswald Archbishop of York Athelwold Bishop of Winchester with the Monks standing all together on the right side of the Hall pleading for their continuance in their Churches as the Author of the old Manuscript Chronicle of Winchester Abby relates though he misdates the time of this Council as held Anno 968. After much debate the Nobles of the Realm fearing they should be overcome by dispute say the Monks promising reformation of life on the Clergies behalf most humbly intreated the King and Archbishop That they might be readmitted into Monasteries out of which they had been ejected With whose prayers tears sighs the most merciful King being much moved was in a great streight ruminating in his min● what he should doe in this business At last purposing and being about to grant pardon to the Clerks upon hope of their amendment and to give them leave to return to the Monasteries and Churches whence they had been expelled When he was ready to pronounce this his definitive Sentence there was this divine Voice uttered by the Crucifix in the Wall Cum plurium jam Suffragiis de Presbyteris restituendis decernebatur as Matthew Parker relates it Absit ut hoc fi●● c. God forbid that this should be done God forbid it should be done You have judged well once you would change again not well Which articulate voice only the King and Archbishop who were the Judges of the cause heard if the Chronicle of Winchester may be credited when as another Monk relates it was heard by all present At which voice they being both astonied fell to the ground on their faces but all the rest hearing only the sound of the Voice as of a great Thunder fell

excessivam sibi impositam pro sua redemptione solvere detrectavit belluina Dacorum ferocitas eum acerbissimo tormento crudeliter interemit Omnes fera tempora flebant foelices qui quocunque modo in fata processerant Abbas Godricus maximè cui cura tanti populi incumbebat et quem Rex Ethelredus cumulos argenti habere existimabat Danicus vero Swanus suusque totus exercitus ei tanquam Domino de manibus eorum refugientium juges insidias et minas semper maximas ingerebat Demum expensis internis et exactionibus externis totus thesaurus Domini Turketuli Abbatis distractus est horrea amborum Egelricorum d●m●lita sunt cum adhuc Regii exactores pro pecuniis quotidie irruerent Et eum tanquam patriae proditorem et Danorum provisorem regi in proximo cum dignis compedibus deducendum et suppliciis tradendum pro suis demeritis affirmarent Perculsus ergo venerabilis Pater Abbas Godricus dolore cordis intrinsecus pro tot minis terribilibus convocat totum suum conventum et nuncians nummos Monasterio deficere orat et exorat quatenus doceant et decernant in medio quid contra nequam seculum magis expediat faciendum Tandem longo tractatu placet haec sententia cunctis aliquem Ministrorum seu satellitum Edrici Ducis Merciorum conducere et cum pecuniae deficeren● terris et tenementis ad terminum vitae concedendis in suum defensorem contra imminentia pericula obligare Erat enim ille Edricus potentissimus post regem in terra et cum rege Ethelredo et cum Swano rege Danorum familiarissimus et postea cum Cnuto filio suo Conductus est ergo quidam maximus satellitum dicti Ducis Edrici nomine Normannus sanguine summe clarus filius videlicet Comitis Lefwini et Frater Leofrici nobilis Comitis Leicestriae dato sibi prout postulabat manerio de Badby ad 〈…〉 Ille ●ictum manerium acceptans tenere de Sancto Guthlaco per firmam in grano piperis per annum in festo S. Bartholomaei singulis annis persolvendo fideliter promittebat et se futurum procuratorem ac protectorem Monasterii contra omnes adversarios confecto inde chirographo obligabat Valuit illud Monasterio aliquanto tempore scilicet omnibus diebus vitae suae By which passages it is apparent what Taxes exaction● pressures the Monasteries and others suffered both from King Ethelred his Captains and Officers on the one side and from the Danes on the other side and how they were enforced to hire and b●ibe great Souldiers and Courtiers by leases and mo●●es to protect them from 〈…〉 John Speed affirms That the Clergy 〈…〉 any denied to King Ethelred their assistance pleading their exemp●ions from warr and privileges of the Church when the land lay bleeding and deploring for help and scandalized all his other proceedings for demanding their aydes But this passage of Abbot Ingulphus so neat that age out of the Register Books of Croyland whereof he was Abbot not long after proves they paid great annual contributions to the King and his Officers which consumed all their money plate Jewels Chalices and the very shrines of their Saints notwithstanding all Charters and exemptions And as for the Laity William of Malmsbury Radulphus Cistrensis Mr. Fox and others write That King Ethelred had such a condition that he would lightly dis-inherit Englishmen of their lands and possessions and caused them to redeem the same with great sums of money and that he gave himself to polling of his Subjects and framed Trespasses for to gain their money and goods for that he paid great Tribute to the Daneslyearly Whereby h● lost the affections of the people who at last deserted him and submitted themselves to the Danish Invaders who usurped the Soveraign power and forced him out of England with his Queen and Children These Unrighteous Oppressions Dis-inherisons and Exactions of his were specially provided against by his Nobles Prelates and VVisemen in the Councils of Aenham and Habam forecited by special Laws and special excellent Prayers and Humiliations prescribed to be made to God to protect them from his judgements and the invading oppressing bloody Danes worthy perusal yet pretended necessities and VVar laid all those Laws asleep In the year of Christ 1013. the very next after the Englishmens dearest purchased Peace which the perfidious gold-thirsty Danes never really intended to observe King Swain by the secret instigation of Turkel the Dane whom King Ethelred unadvisedly hired to guard him with his Danish ships from forein Invasions who sent him this Message Angliam praeclaram esse patriam opimam sed Regem stertere illum Vencre Vino que studentem nihil minus quàm bellum cogitare Quapropter odiosum suis ridiculum alienis Duces invidos Provinciales infirmos primo stridore Lituorum proelio cessuros arrived at Sandwich with a great Fleet and Army of Danes in the Moneth of July where resting themselves a few days he sailed round the East part of England to the mouth of Humber and from thence into the River of Trent to Gainsborough where he quitted his ships intending to waste the Country Hereupon first of all Earl Uhtred the Northumbrians with those of Lindesey presently without delay and after them the Freelingers with all the people in the Northern parts of Watlingstreet having no man to de fend them yeelded themselves up to Swain without striking one stroke and establishing a peace with him they gave him Hostages for their loyalty and swore Fealty to him as their Soveraign Whereupon he commanded them to provide horses and victuals for his Army which they did William Malmesbury observes that the Northumbrians thus unworthily submitted to Swane his Government Non quod in eorum mentibus genuinus ille calor Dominorum impations refriguerie sed quod Princeps eorum Uthredus primus exemplum defectionis dederit Whose example drew on all other parts Illis sub jugum missis coeteri quoque omnes populi qui Angliam ab Aquilone inhabitant vectigal et obsides dederunt A very strange and sudden change conquest without a blow Swain committing his Navy and Hostages to his son Cnute raised chosen Auxiliaries out of the English who submitted to him and then marched against the Southern Mercians Having passed Watling street he by a publike Proclamation commanded his Soldiers to wast the Fields burn the Villages cut down the Woods and Orchards spoil the Churches kill all the Males that should come into their hands Old and Young without shewing them any mercy reserving only the Females to satisfie their lusts and to do all the mischiefs that possibly they could act Which they accordingly executed raging with beastly cruelty Marching to Oxford he gained it sooner than he imagined by surrender taking Hostages of them He posted thence to Winchester Where the Citizens extraordinarily terrified with the excessiveness of his cruelty

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 after his death assembled together in a Great Council about the election of a New King Wherein OMNES ANGLORUM MAGNATES ad invicem 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● acceperunt 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 DANE or person of the Danish blood SHOULD REIGN OR BE KING OVER THEM IN ENGLAND ANY MORE disclaiming all Danish subjection that especially for the contempts which the English had very often received from the Danes For if a Dane had met an Englishm●n upon any bridge the Englishman must not be so hardy to move a foot but stand st●ll till the Dane was passed quite ever it And moreover if the Englishmen had not bowed down their heads to doe reverence to the Danes they should presently have undergo●e great punishments and stripes Whereupon King Harde-Cnute being dead the English rising up against them drove all the Danes being then without a King and Captaine out of the Realm of England who speedily qu●tting the land never returned into it afterwards And here we may justly stand still a while and contemplate the admirable retaliating justice of God upon our Danish usurping Kings and their Posterity King Cnute as you heard before caused the temporizing English Bishops Nobles and Barons assembled in a Parliamentary Council against their oaths of allegiance to King Ethelred Edmund Ironside and their heirs no less then twice one after another to renounce cast off and abjure their regall Posterity to make them incapable of the Crowne of England and settle the inheritance● of it upon him and his Danish blood Anno 1016. and 1017. And now in little more then twenty years after all the English Prelates and Nobles assembled in Council of their own accords by a solemn Decree and Oath abjure ren●unce and eternally disinherit all the Danish blood-royall of the Crown of England and restore the Saxon English royall line to that soveraignty which they had formerly disclaimed such are the vicif●itudes of divine Justice and providence worthy our observation in these wheeling times wherein we live when no man knoweth what changes of like nature one day or year may bring forth The English putting their Decree for cashiering all the Danes in execution turned the mout of all the Castles Forts Garrisons Cities Villages th●oughout England as well those of the Royall and Noble blood as the vulgar sort and forced them to depart the Realm as they had formerly banished the English Princes and Nobles Proc●re● igitur Anglorum ●am DACORUM DOMINIO LIBERATI The Nobles therefore of Engl. being thus freed from the Danes dominion for so much of God of his mercy and providence who is the maker of heirs thought good after the wofull captivity of the English Nation to grant them some respite of deliverance in taking away the Danish Kings without any issue left behinde them who reigning here in England kept the English people in miserable subjection about the space of 28 years and from their first landing in the time of King Brict●icus wasted and vexed this land for the space of 255 years their Tyranny now coming to an end by the death of Harde Cnute they thereupon assembling together in a great Council with a generall consent elected Prince Edward surnamed the Confessor the youngest and onely surviving son of King Ethelred for their King who ANNUENTE CLERO ET POPULO LONDONIIS IN REGEM ELIGITUR as Mat. Westminster relates whereupon Edward being then in Normandy where he had long lived in exile being a man of a gentle and soft spirit more appliable to other mens counsels then able to trust his own naturally so averse from all war bloodshed that he wished rather to continue all his life long in a private exiled estate then by war or blood to aspire to the Crown the Lords sent messengers to him to come over and take peaceable possession of the Kingdome of England they having chosen him for their King advising him to bring with him as few Normans as he could and they would most faithfully establish him in the throne Edward though at first he much doubted what course to stear somewhat mistrusting the treachery and inconstancy of the fickle headed English yet at last upon the importunity of the messengers who informed him melius esse ut vivat gloriosus in Imperio quàm ignominiosus moria●ur in exili● JURE EI COMPETERE REGNUM aevo maturo laboribus defaecato sci●●ti administrare principatum per aetatem severè miserias Provinci●lium pro pristina aequitate temperare c. and upon putting in sufficient pledges and an oath given for his security he came into England with a small train of Normans where he was joyfully received by the Nobles and people Nec mora Gilingeam or rather Londoniam CONGREGATO CONCILIO rationibus suis explicitis regem effecit Dominio palam ab omnibus dato as Malmsbury or electus ●st in Regem ab omni populo as Huntindon and others expresse it After which on Easter day Apr 2. 1043. he was solemnly crowned King at Winchester with great pomp by E●dsi Arch-bishop of Canterbury by the unanimou● consent of the Archbishops Bishops Nobles Clergie and people of England to their great joy and content without the least opposition war or blood-shed after 25 yeares seclusion from the Crown by the Danish usurpers Our Historians generally record that Bryghtwold a Monk of Glastenbury afterwards first Bishop of Wilton when King Cnute had banished and almost extinguished the whole royal issue of the English race almost past any possibility or probability of their restitution to the Crown which he had forcibly invaded

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

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 condemned executed imprisoned or put to death upon any great mans bare suggestion no not by the Kings own 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 Councels were then frequently summoned by the King upon all publique emergent occasions and differences and to make war and peace either at home or in forreign parts 5. That the Parliamentary Councels of that time consisted of the Earles Barons Nobles and Praelates of the Realme duly summoned to them without any mention of Knights or Burgesses elected and sent to them by the people of which there are no presidents in this Kings reign Enough to prove Modus Tenendi Parliamentum supposed to be made and observed in this age a meere cheating imposture of later daies as in truth it is 6. That all delinquents of what quality soever justly or unjustly accused ought to appear and justify themselves before the King and his Nobles in their Parliamentary Councels without armed Guards forces Tergiversation or resistance upon due sūmons to appear before them by the Laws of that time 7. That Kings and great mens coming to Parliamentary Councels with Armies strong armed Guards and holding them with power or under Armies is inconsistent with their Liberty Priviledges and are an occasion of civill wars disturbances muchmischief to the Nation as then they proved 8. That English Peers then were and ought to be tried banished judged by their Peers both in Parliamentary Councels and other Courts 9. That no English Peer ' or Freeman could then be lawfully and judically banished the Realme but in and by sentence and judgement of a Parliamentary Councel for some contempt or offence demeriting such a punishment 10. That Peers and great men obstinately refusing to submit themselves to the triall and judgement of Parliamentary Councels or to appear in them or the Kings Courts to justify themselves without hostages fist given for their securiy may justly be sentenced and banished by our Parliaments for such contempts and affronts to justice 11. That the subjects were bound to ayd and assist their Kings as wel against Traitors Rebels Pyrates as against forreign enemies under our Saxon Kings 12. That forreigners are usually the greatest occasioners and fomenters of civil wars That such Incendiaries deserve justly to be banished the Nation And that civill wars between King and subjects English and English and their shedding of one anothers blood in such wars was then deemed most unnatural odious execrable by all prudent means and councels to be timely and carefully prevented and not to be begun or undertaken but by good advice and common consent in great Parliamentary Councels upon weighty urgent inevitable necessities 13. That the abolishing of ill and enacting of good Laws the removing of ill Counsellors and Instruments about Kings ordering matters of war and defence by Land and Sea and setling of peace were the antient proper works businesses imployments of our Saxon Parliaments 14. That the English Freemen have been always apt forwards cordially to joyn with such Nobles and Great men who are most cordial and active to defend their just Liberties Laws Rights against foreiners and others who invade them Soon after the forementioned agreement between the King and Godwin King Edward according to his forementioned promises to make good Laws for all his people out of all the former British and Saxon Laws by Order of his Wisemen compiled an universal common Law for all the people throughout the whole Realm which were called King Edwards Laws being so just and equal and so securing the profit and wealth of all estates that the people long after as Mr Fox and others record did rebel against their Lords and Rulers to have the same Laws again when suspended or taken from them or dis-used and prescribed this Oath to William the Conquerour himself and every of our Kings since to be solemnly taken at the time of his Coronation for the further ratification and better inviolable observation of these Laws and perpetuating them to all posterity SIR will you grant and keep and by your Oath confirm to the people of England the Laws and Customs granted to them by antient Kings of England rightfull men and devout towards God namely the Laws and Customs and Franchises granted to the Clergy and to the People by the glorious King Edward to your power To which the King must answer I will doe it before he be anointed or crowned King Now because these Laws of King Edward made by his Wisemens Counsel and advice as this Clause Sapientes caeperunt super hos habere consilium et constituerunt in the Chapter De illis qui has Leges despexerent implyes are so famous and fundamental most of our Common old Laws being founded on or resulting from them I shall give you this brief account of them out of our Historians as most pertinent to my subject matter and usefull for those of my profession to be informed of being generally not so well versed in Antiquity History and Records as were to be wished for the honour and lustre of their honourable publike calling pretermiting the grosse Forgery and Imposture of Modus tenendi Parliamentum so much cryed up by Sir Edward Cooke for its Antiquity and Authority as made and observed in Edward the Confessors reign when as it is a meer counterfeit Treatise and Spurious Antiquity scarce antienter than King Richard the 2. as I have proved in my Levellers levelled and Mr. Selden manifests in his Titles of honour pars 2. p. 713 738 to 745 yea it s own mentioning the Bishop of Carlisle which Bishoprick was not erected til the year 1132 or 1134. the Mayors of London which had no Mayor til the year 1208 and of other Cities with Knights and Burgesses usual wages all instituted long after the Conquerours reign the not mentioning of this Modus in any of our Records Histories or judicious Antiquaries and its difference from all the Modes and Forms of Parliaments and Great Councils of that or

The Third Part of a Seasonable Legal and Historical VINDICATION Of the good old Fundamental Liberties Franchises Rights Properties Laws Government of all ENGLISH FREEMEN With a Chronological Collection of their strenuous Defences 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 of our 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 Jer. 22. 15. c. Shalt thou reign because thou closest thy self in Cedar did not thy Father eat and drink and do judgement and justice and then it was well with him But thine eyes and thine heart are not but for thy Covetousness and for to shed innocent blood and for oppression and for violence to do it Therefore thus saith the Lord concerning J●hoiakim King of Judah They shall not lament for him saying ah my Brother or ah his glory He shall be buried with the burial of an Asse drawn and cast forth beyond the gates of Jerusalem Write ye this man childless for noman of his seed shall prosper sitting on the Throne of David and ruling any more in Judah Xenophon Memorabilium l. 1. p. 718. Quid autem vis Legum eversio An non cum fortior imbecilliorem non persuadendo sed vim inferendo cogit Ergo quaecunque Tyrannus non persuasis civibus praescribit atque ut illi faciant cogit aliena sunt a lege Quaecunque verò pauci multitudine non persuasa sed rerum potentes scribunt illa omnia videntur Vis potius esse quam Lex LONDON Printed by Francis Leach 1657. To the Ingenuous Unprejudiced READER I Here present thee with The Third part of a seasonable Legal and Historical Vindication of the good old Fundamental Liberties Franchises Rights Properties Laws Government of all English Freemen with A Chronological Collection of their Strenuous Defences by Wars and otherwise of all the Great Parliamentary Councils Synods chief Laws Charters and other Proceedings in them the great fatal Publick Revolutions Invasions Wars National Sinnes occasioning them and the exemplary Judgements of God upon Tyrants Oppressors Perjured persons Rebells Traytors Regicides Usurpers under our Saxon and Danish Kings since the year of Christ 600. till the Coronation of King William the Norman anno 1066. with some Short Observations of mine own here and there subjoined for the Readers benefit and instruction A work neither unseasonable for nor unsutable unserviceable to our present times worthy the serious perusal of all who profess themselvs trons of the Publique Fundamental Rights Liber-Paties Laws Properties Government of the English Nation or studious of our old Parliamentary Councils Acts Laws Charters Proceedings or of our English History From which intelligent wise Christian Readers by observing the Providences Judgements Proceedings of God towards our ancestors and others for their national personal crying bloody sins in former ages may probably conjecture what Tragical Judgements Events our whole Nation in general many transcendent Delinquents in particular have now just cause to fear and expect for their exorbitant iniquities equalling or exceeding any in those former ages unless their speedy real sincere repentance reformation and Gods infinite mercy ward them off True it is that the infallible certainty of future contingent judgements and events national or personal are known only to God himself who changeth the times seasons removeth Kings and setteth up Kings pulleth down one and setteth up another roots up pulls down destroyes builds plants Nations Kingdomes Cities Families Persons at his pleasure doing whatsoever pleaseth him both in heaven earth the Sea all deep places and amongst all the Inhabitants of the earth and none can stay his hands nor say unto him What dost thou Yet notwithstanding wise intelligent Christians by a serious trutination and comparing of the Judgements of God expresly threatned against and usually inflicted upon Nations or Persons for such and such transgressions in precedent generations may probably conjecture predict what severe exemplary punishments our late present transcendent wickednesses outragious crimes are like to draw down upon our impenitent secure perjured sinfull Nation and the hairy scalps of all those Grand Offenders who go on still in their exorbitant trespasses though they deem themselves advanced above the reach of any Powers or Tribunalls which may pull them down and execute justice on them answerable to their bloody crimes and violences there being an higher than the highest who is both able and resolved to execute vengeance on them in his due season as well as on all Notorious grand Offenders in former ages though never so many if their repentance prevent it not It was Davids profession to God though a victorious King General and Man of War My flesh trembleth for fear of thee and I am afraid of thy judgements O that this were the present temper of our secure Nation and all the sinners warriours and Grandees in it in this fearless stupid age wherein though we commit wickedness with both hands our tongues doings are against the Lord to provoke the eyes of his glory and we all proclaim our sins like Sodome and hide them not yet Gods judgements are far above out of our sight and we all say in our hearts like those secure Atheists mentioned in the Psalmist we shall never be moved we shall never be in adversity God hath forgotten he hideth his face he will never see nor require it Yea notwithstanding all Gods threats curses against his late severe punishments of our National personal sins We blesse our selves and say in our hearts we shall have peace though we walk in the imaginations of own hearts to add drunkennesse to thirst quite forgetting what follows thereupon The Lord will not spare such men but the anger of the Lord and his jealously shall smoke against them and all the curses that are written in his book shall lie upon them the Lord shall blot out their names from lunder heaven Let therefore the contemplation of the National Personal judgements of God upon our Ancestors here recorded for those crimes of w ch we are now as deeply guilty as they were then awaken us from our present Let hargy lest we be sodainly destroyed and that without remedy and teach us all this Gospel lesson Rom. 11. 20 21. Be not high minded but fear for if God spared not the naturall branches heretofore or of late take heed lest he also spare not thee Rumor de V●teri faciet futura timeri The fourth Section of the third chapter which begins this third part should have been printed

fame of which Act coming to his Nobles and Souldiers not far from the place They upon Exhortation of Esric the chiefest of them not to let pass the death of their Lord unrevenged to their notorious and perpetual infamy furiously encountred Keneardus and his Complices and notwithstanding all their fair promises of Mony preferments to them and all intreaties after a sharp bloody incounter put them all to the sword with the loss of some of their own lives Ecce quomodo Dei Iustitia non solum futuro saeculo verum etiam in isto digna meritis manifesto judicio recompensat c. Add Henry Huntindon Roger Hoveden John Bromton Malmesbury and others as a Corollary to this History of Sigibert and Kenulphus Which all Traitors Tyrants and Usurpers treading in their exorbitant footsteps may do well advisedly to consider In the year of our Lord 758. The people of the Realm of Mercia rising up against their King Bernred because he governed them not by just Laws but by Tyranny assembled all together in one as well Noble as Ignoble and Offa being their Captain they expelled him out of the Kingdom and then by the unanimous consent of all as well Clergy as people they crowned Offa King This Bernred as Malmesbury Speed and Simeon Dunelmensis write treacherously murthered King Ethelbald his Soveraign whose General he was and thereupon usurping his Throne and turning a Tyrant as most Usurpers do was in the very first year of his usurped reign expelled the Realm and soon after slain by Offa and so dignum finem insidiarum tulit being Author necis of his Sovereign King Ethelbald à suis tutoribus fraudulentèr interfectus as our Historians observe A good Memento for other Traitors and Usurpers treading in his footsteps Qui Regnum Tyrannus invasit per modicum tempus in parvâ laeritiâ jocunditate tenens Regnum cum vitâ perdidit as Wigorniensis writes of him The English complaining to King Offa in the year 775. of the great exactions in forein parts under Charls the Emperour they being then at variance so as their trading and merchandize was every where prohibited in both their Realms thereupon King Offa by gifts sent to the Emperour obtained this Grant and Privilege from him for his Subjects That all Pilgrims passing through his Dominions to Rome for piety and devotion sake alone should have free and peaceable passage without any molestation or Tribute That all Merchants and others in the company of Pilgrims passing only for gain not devotion should pay only a certain established Tribute in fitting places That all English Merchants and Traders should have lawfull protection by his command within his Realm and if in any place they were vexed with unjust oppression that upon complaint to him or his Judges they should have full justice done unto them In the year 780. Aeth●●red or Adelred king of Northumberland was deposed by his Subjects after he had reigned 3 years and quite driven out of his Realm by his Nobles who the next year after assaulted and burnt a certain Consull or Earl being their justice in his own house plus aequo saevientem for tyrannizing beyond the Bounds of Law and Right I shall not insist upon the manifold Insurrections of these Northumberlanders against their kings nor their disloyal depositions expulsions Murders of most of them upon pretended oppressions and Exorbitancies in Government rather than ●eal nor on the strange general bloody frequent depredations wars devastations Plagues Judgements Invasions by Danes Normans Scots and others inflicted justly on them for the same by Divine Justice more than on all other parts of this Iland since I have touched some of them before and shall glance at more of them hereafter all which the studious may read at leisure in Maslmesbury Huntindon Hoveden Aethelwerdus Matthew Westminster Bromton Florentius Wigorniensis Simeon Dunelmensis Radulphus de Diceto Polychronicon Holinshed Speed and others Only I shall give you the sum of them about this age in the words of Simeon Dunelmensis and Richardus Hagulstaldensis Crudelis exinde Barbarorum manus innumeris navibus in Angliam transvecta omnia quaqua versum depopulans Northunhymbrorum autem provincias atrocius devastans omnes Ecclesias omnia Monasteria ferro incendio delevit adeo ut nullum pene Christianitatis signum post se discedens reliquerit Monachi qui loci reverentia confidentes remanserunt de Ecclesiâ extracti alii in mare sub hostibus submersi alii Captivi abducti alii detruncati alii aliis tormentis miserabiliter affecti omnes simul interiêrunt Et indè prosiliens flammâ et ferro in exterminium omnia duxit c. After which sad successive devastations for sundry years by the Danes they were so totally depopulated and extirpated by Famine Sword and Pestilence by the Normans An. 1069. that the whole Country was reduced into a desolate Wilderness without an inhabitant and lay untilled for nine years space bestiarum tantum latronum latibula being only Dens of Beasts and Theeves And how many times it hath been wasted depopulated with fire and sword since this by the Scots and what barbarous cruelties they have exercised therein you may read in the Continuation of Simeon Dunelmensis by the Prior of Hagustald col 264. in Historia Ricardi Prioris Hagustaldensis de Gestis Regis Stephani bello Standardi col 315 316. and other Chronicles since that time The Lord in Mercy divert the like judgements from that Northern part and the whole kingdom now for the like transgressions of a later date In the year of Christ 787. as most account Pope Adrian sent Legates into England to confirm the faith which Augustine had preached who being honourably received both by the Kings Clergy and People thereupon held a great Parliamentary Council at Calchut Chalchuthe or Cealtide as Henry Huntindon stiles it In this Council Offa king of Mercians and Kenulphus king of West-Saxons with all their Ecclesiastical and secular Princes Nobles Elders Bishops Abbots were present who all subscribed and consented to the Ecclesiaestical and Temporal Laws and Canons therein made and published being 20 in Number The principle whereof relating to my Theam I have formerly recited In this Parliamentary Council King Offa caused Egfrid his eldest son to be solemnly crowned King who from thenceforth reigned with him And in it Jambertus or Lambert Archbishop of Canterbury much against his will resigned part of his Arch-Bishoprick to the Arch-bishop of Litchfield by the command and power of King Offa who envying the power and Pride of the Archbishop of Canterb. deprived him in this Council notwithstanding all Jamberts appeals to Pope Adrian of all Lands and Jurisdiction within his Realm of Mercia erecting a new Arch-bishoprick at Litchfield to which he subjected all the Bishops of Mercia being then six in number ill by another Council they were reunited of

without reply vel veris vel veresimilibus argumentis perstricti Some of our Historians record That the Dukes Messengers upon their second Embassy admonishing him how religiously he had bound himself by Oath and that perjured persons should be sure to find perdition from Gods hands and reproachfull shame with men waived all other demands of the Crown and insisted only upon this That Harold should marry his Daughter which he had espoused according to his promise else he should certainly know he would by force of Armes challenge the succession of the Kingdom promised to him But this seems improbable because our other Historians conclude that his espoused Daughter was dead before this Embassie and Williams preparations and future Messages claiming the Crown resolve the contrary Abbot Ingulphus flourishing at that time gives us this sum of their Negotiation and Harolds answer thereunto Willielmus autem Comes Normanniae Legatos mittit foedera facta dicit pacta patefecit promissa petit aliquod justum medium confici requirit At Rex Haroldus Legatos vix auscultat foedera fracta negat pacta recusat promissa excusat omnia justàmedia oblata sufflat subsannat Cumque haec intermedia quorldie agerentur ac solum nunciorum cursus ac recursus tota aestate sine fructis consumerarentur The Embassadours returned empty bringing only Harolds unsatisfactory and scornfull Answers with them Wherewith Duke William being much inraged cast about how to recover that by right of armes which he could not gain by Treaty providing Ships Souldiers Mariners and all things necessary for an invasive war making choice of the tallest skilfullest and goodliest Souldiers he could select and of such Captains and Commanders as both in the Army and elsewhere seemed all of them to be rather Kings than Nobles And to set the better colour upon his pretended enterprise he sent to Pope Alexander acquainting him with the justice of his cause and the war he had undertaken his Embassadours setting them forth with all the strength of eloquence which Harold neglected to doe either through sloathfullness or diffidence of his Title or for fear William who strictly watched at Ports should intercept his Messengers The Pope having weighed the Title of both parties sent a consecrated Banner to William as an Omen of his right to the kingdom and good success taken in the enterprise Which having received Conventum magnum Procerum apud Lislibonam fecit super negotium singulorum sententias scissitatus Duke William called a Great Council of Nobles at Lillebon demanding every one of their opinions concerning this business Cumque omnes ejus voluntatem plausibus excipientes magnificis promissis animassent Commeatum Navium omnibus pro quantitate possessionum indixit Henry Huntindon Hygden Radulphus de Diceto Speed Daniel and others relate That the Lords of Normandie in this great Parliamentary Assembly taking Counsel amongst themselves what was best to be done in this expedition VVilliam Fitz-Osbert counselled to leave and forsake the war both for scarcity of fighting men and by reason of the strength valour fierceness and cruelty of the Enemies Whereof the other Lords being glad put their answer into his mouth resolving they would all consent to what he should say Who comming before the King said That he and all his men were ready and devoted to assist him in that enterprise and so were all the other Lords Whereupon all the Nobles of Normandy being thus unexpectedly surprized and bound by his words and promise provided themselves for the expedition In this Assembly of the Norman States a subsidy being propounded as the sinews to carry on this great undertaking it was answered That a former war with the French had impoverished much of their wealth That if new wars were now raised and therein their substance spent to gain other parts it would be there so missed as it would hardly be sufficient to defend their own That they thought it more safe for him to hold what he had than with hazard of their own to invade the territories of others That though the war intended were just yet it was not necessary but exceeding dangerous Besides by their allegiance they were not bound to military services in forein parts and therefore no payments could be assessed upon them Whereupon the wealthiest of all the people were sent for by the Duke and severally one by one conferred with shewing them his right and hopes of England where preferments lay even for the meanest of them only money was the want which they might spare neither should that be given but lent upon a plentifull increase With which words he drew them so on that they strove who should give most and by this means he gathered such a masse of money as was sufficient to defray the war Besides Fitz Osburne promised to furnish 40 ships at his own charge the Bishop of Bayon 40 the Bishop of Maus 30. and so others accordingly beyond their abilities And divers neighbour Princes upon promises of fair possessions in England assisted him both with Ships and Souldiers On the other side Harold to prevent his and the Danes invasions who likewise laid Title to the Crown provided ships and forces to oppose them both by Sea and Land and repairing to the Port of Sandwich appointed his Navy to meet him there which being there assembled he sailed with it to the Isle of VVight and there watched the coming of VVilliam into England with his Army all the Summer and Autumn placing likewise his Land forces of Foot in fitting places about the Sea coasts But at last the victuals of the Navy and land Army being spent they both returned home about the Feast of Sr. Mary Soon after Divine Providence to make the easier and speedier way for Harolds overthrow stirred up his own Brother Tosti the banished Earl of Northumberland to recover his Earldom and avenge himself of Harold who exiled him some think by Duke VVilliams advice they marrying two Sisters who coming with 60 some write 40 ships out of Flanders forced Taxes and Tribute out of the Isle of VVight took booties and Mariners to serve in his Navy on the Sea coasts of Kent whence he hoising sail fell foul on Lincolnshire where Morcar and Edwin Earls of Chester and Yorkeshire incountring him with their forces by Land and Harolds Navy by Sea with some loss of their men routed and drove him from thence into Scotland Where after some stay Harold Harfager King of Denmark after his conquest of the Orcades by Tosti his solicitation came into the River of Tine with 300. others write 500 ships where they both united their forces intending to subdue and conquer England then landing their Souldiers in Northumberland they wasted and spoiled the Country where ever they came Whereupon Earl Morcar and Earl Edwin with the inhabitants of the Country raised all the forces they could against them and giving them battel in a tumultuous manner were

their Coronation Oaths and not arbitrarily or tyrannically according to their pleasures 5. That no Freemen in that age could be justly imprisoned banished or put to death but for some hainous misdemeanors and that by a legal trial and conviction 6. That the Subjects of England then held it their bounden duties in times of forein invasion to defend the Realm their Lives Liberties Properties both by Land and Sea against forein Enemies yet they held themselves dis-obliged and were generally averse to defend the person or Title of any Usurper of the Crown against any forein Prince or other Person who had a better right and title to it 7. That our English Ancestors in that age esteemed their hereditary Liberties good antient Laws and Customs more dear and pretious to them than their very lives and would rather die fighting for their Laws and Liberties like freemen than live under slavery or bondage to any Soveraign whatsoever 8. That the Kings of England in that age could neither give away nor legally dispose of their Crowns Kingdoms or Crown Lands to others without the privity and free consent of their Nobles and Kingdom in general Parliamentary Council as is evident by Harolds answers to VVilliams Embassadours the recited passage of Matthew Paris upon that occasion and this of Samuel Daniel p. 34. So much was done either by King Edward or Harold though neither act if any such were was of power to prejudice the State or alter the course of right succession as gave the Duke a colour to claim the Crown by a donation made by Testament which being against the Law and Custom of the Kingdom could be of no validity at all For the Crown of England being held not as patrimonial but in succession by remotion which is a succeeding to anothers place it was not in the power of King Edward to collate the same by any dispositive and Testamentary Will the right descending to the next of blood only by the Laws and Custom of the Kingdom For the successor is not said to be the Heir of the King but of the Kingdom which makes him so and cannot be put from it by any Act of his Predecessors 9. That the Nobilities Clergies and peoples free-Election hath been usually most endeavoured and sought after by our Kings especially Intruders as their best and surest Title To these Legal I shall only subjoyn some Political and Theological Observations naturally flowing from the premised Histories of King Edward Harold and William not unsuitable to nor unseasonable for the most serious thoughts and saddest contemplations of the present age considering the revolutions and postures of our publike affairs 1. That it is very unsafe and perillous for Princes or States to intrust the Military and Civil power of the Realm in the hands of any one potent ambitious or covetous person who will be apt to abuse them to the peoples oppression the kingdoms perturbation and his Sovereigns affront or danger as is evident by Earl Godwin and his Sons 2. That devout pious soft-natured Princes are aptest to be abused and their people to be oppressed by evil Officers 3. That it is very dangerous and pernicious to heditary kingdoms for their King to die without any certain known and declared right Heirs or Successors to their Crowns yea an occasion of many wars and revolutions as is evident by King Edwards death without issue or declared right heir 4. That right heirs to Crowns who are of tender years weak judgement or impotent in Friends and Purse are easily and frequently put by their rights by bold active and powerfull Intruders as Edgar Atheling was both by Haroid and William successively Yet this is remarkable in both these Invaders of his royal Right 1. That Harold who first dethroned him to make him some kind of recompence and please the Nobles of his party created Edgar Earl of Oxford and held him in special favour 2ly That King Willam the first to whom he submitted himself and did homage and fealty used him very honourably and entertained him in his Court not only at first but even after he had twice taken up armes against him joyning first with the English Nobilitie then with the Danes and Scots against his interest For Edgar coming to him into Normandy Anno 1066. out of Scotland where he lived some years where nihil ad praesens commodi nihil ad futurum spei praeter quotidianam stipem nactus esset he not only pardoned his fore-past offences but magno donativo donatus est pluribusque annis in Curia manens Libram Argenti quotidie in stipendio accipiebat writes Malmesb. receiving a great donative from him and a pound of silver for a stipend every day and continuing many years in his Court. After which Anno 1089. He went into Apulia to the Holy wars by King Williams licence with 200 Souldiers and many Ships whence returning after the death of Robert son of Godwin and the loss of his best Souldiers he received many benefits from the Emperours both of Greece and Germany who endeavoured to retain him in their Courts for the greatness of his birth but he contemning all their proffers out of a desire to enjoy his Native Country returned into England and there lived all Kings Williams reign In the year 1091. Wil. Rufus going into Normandy to take it by force from his brother Robert deprived Edgar of the honour which his Brother with whom he sided had conferred upon him and banished him out of Normandy whereupon he went into Scotland where by his means a peace being made between VVilliam Rufus and Malcholm king of Scots he was again reconciled to Edgar by Earl Roberts means returned into England being in so great favour with the king that in the year 1097. He sent him into Scotland with an Army Ut in ea consobrinum suum Eadgarum Malcholmi Regis filium patruo suo Dufenoldo qui regnum invaserat expulso Regem constitueret Whence returning into England he lived there till after the reign of king Henry the first betaking himself in his old age to a retired life in the Country as Malmesbury thus records Angliam rediit ubi diverso fortunae ludioro rotatus nunc remotus tacitus canos suo in agro consumit Where most probably he died in peace since I find no mention of his death No less than 4 successive kings permitting this right heir to their Crowns to live both in their Courts and Kingdom of England in peace and security such was the Christian Generosity Charity and Piety of that age without reputing it High Treason for any to relieve or converse with him as the Charity of some Saints in this Iron age would have adjudged it had they lived in those times who have quite forgotten this Gospel Lesson of our Savior they then practised But I say unto you love your Enemies do good to those that hate you