The Exact Recorder

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 Public Revolutions, Invasions, Wars, National Sins, occasioning them; and the exemplary Judgments of God upon Tyrants, Oppressors, Perjured persons, Rebells, Traitors, 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 unsuitable, unserviceable to our present times, worthy the serious perusal of all who profess themselves trons of the Public 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, Judgments, Proceedings of God towards our ancestors, and others, for their national, personal crying bloody sins in former ages, may probably conjecture what Tragical Judgments, 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 God's infinite mercy, ward them off.

True it is, that the infallible certainty of future contingent judgments, 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, destroys, builds, plants Nations, Kingdoms, 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 t • utination, and comparing of the Judgments of God, expressly threatened 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, & outrageous crimes, are like to draw down upon our impenitent, secure perjured sinful 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 David's 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 judgments. O that this were the present temper of our secure Nation, and all the sinners, warriors, 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 Sodom, and hide them not, yet God's judgments 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 God's threats, curses against, his late severe punishments of our National, personal sins: We bless ourselves, and say in our hearts, we shall have peace, though we walk in the imaginations of own hearts, to add drunkenness 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 under heaven.

Let therefore the contemplation of the National, Personal judgments 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 Lethargy, lest we be suddenly destroyed, and that without remedy; and teach us all this Gospel l • sson, Rom. 11.20, 21. Be not high minded but fear: for if God spared not the natural branches (heretofore, or of late) take heed lest he also spare not thee.

The fourth Section of the third chapter (which begins this third part ) should have been printed 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 Sale; whereby the bulk of this Third Part, is now augmented beyond its first intended proportion; which all Readers may do well to bind 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 Britons, warring upon and against each other: or else in defensive Wars both by Land and Sea, against the invading, bloody, plundering Danes, Norwegians, Scots, Normans, and other Foreign Nations. During which M • litary seasons Religion, Devotion, Piety, Law, Justice, Parliamentary Councils, Synods, and just Government, are usually cast aside, and quite trampled underfoot; yet it is very observable (for the perpetual honor of our Kingdom • and Kings) that • as during the reign of our ancient B • itish Kings, ( before the Saxon race here seated, our Kingdom of Britain produced Lucius the first Christian King, Helena the first Christian Queen, and Constantine the great, her son, the first Christian Emperor in the world, who publicly embraced, professed, countenanced, propagated the faith and Gospel of Jesus 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 public Profession of the Protestant Religion, by public 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 defense of Religion, and their Country against Pagan Invaders, than any one Kingdom throughout the World. There being no less then 15 or 16 of our Saxon Kings, and 13 Queens within 200 years space, who out of piety, devotion, and contempt of the world (according to the piety of that age, out of date in this) voluntarily renounced their earthly Crowns, and Kingdom • , and became professed Monks, Nuns, to obtain an incorruptible Crown and Kingdom in Heaven; & 12 Kings crowned with Martyrdom, being slain by Pagan invaders, 10 of them being canonized for transcendent Saints, and enrolled for such in all Martyrologies, Liturgies of the Church; which I doubt few of our new Republican Saints will be: Yea the piety of our Kings in that age was generally so surpassing, Ut mirum tunc fuerat Regem non Sanctum videre, as John Capgrave informs us. Whence Wernerus (a foreign Chronologer) in his Fasciculus temporum, records ; Plures se invenisse sanctos Reges in Anglia, quam in alia mundi Provincia quan • umcunque populosa. And Abbot Ailred long before him, gives this memorable testimony of the Sanctity, Martyrdom, Justice and study of the people's public we all before the private, shining forth in our Saxon Kings, more than in any other kings throughout the world. Verum prae cunctis civitatibus Regnisve terrarum, de sanctitate Regum suorum Anglia gloriatur: quorum alii coronati martyrio, de terreno ad caeleste Regnum migraverunt: alii exilium patriae praeferentes, mori pro Christo peregre deligerunt; nonnulli posito diademate, disciplicinis se monasticis subdederunt: quidam in justitia et sanctitate regnantes, prodesse subditis quam praeesse maluerunt (whose footsteps, with the pretending self-denying antimonarchical domine • ring Saints over us would now imitate) inter quos istud Sydus eximium, gloriosus Rex Edwardus, emicuit, quem cernimus & in divitiis egenum, & in deliciis sobrium, in purpura humilem, & sub corona aurea seculi contemptorem: So as the Prophesies of Psal. 72, 2, 6. Isaiah. 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 (notwithstanding all the wars, tumults, combustions therein) sundry memorable Presidents of great Parliamentary Councils, Synods, Civil and Ecclesiastical excelleut 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, public justice and Propriety of the Nation; to suppress, abolish all ill Law, tyrannical, unjust Proceedings, Oppressions, Exactions, Imposts, Grievances, Taxes, repugnant thereunto; & to advance Religion, Piety, Learning, the free course of Justice, and the people's welfare. Which I have here in a Chronological method (for the most part) faithfully collected out of our ancientest best Historians and Antiquaries of all sorts; where they lie confused, scattered, and many of them being almost quite buried in oblivion, and so far forgotten, that they were never so much as once remembered, or in • isted on, either in our late Parliaments and Great Courts of Justice, in any late public 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 underfoot, after all our late contests for their defense.

I have throughout these Collections strictly confined myself 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 conjoined, 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 favorable acceptation and censure of every judicious Reader; who if upon his perusal thereof, shall esteem it worthy of such an Encomium, as William Thorn ( 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 encourage 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 myself and them, as our most judidious Historian William of Malmesbury long since made for himself and his Historical collections. Et quidem erunt multi fortassis in diversis Regionibus Angl • ae, qui quaedam aliter ac ego dixi, se dicant audisse vel legisse. Veruntamen si recto aguntur judicio, non ideo me censorio expungent stilo. Ego enim veram Legem secutus Historiae, nihil unquam posui, nisi quod à sidelibus relatoribus, vel scriptoribus addidici. Porro, quoquo modo haec se habeant, privatim ipse mihi sub ope Christi gratulor, quod continuam Anglorum Historiam ordinaveram, vel solus, vel primus. (at least wise in this kind) Si quis igitur post me scribendi de talibus munus attentaverit, mihi debeat collectionis gratiam, sibi habeat electionis materiam. Quod superest, munus meum dignanter suscipite, ut gaudeam grato • ognitoris arbitrio, qui non erravi eligendi judicio.

Thus craving the Benefit of thy Prayers for God's Bles • sing on these my publications, for the common liberty, weal and Benefit of the Nation, I commend both them and thee to God's tuition and benediction.

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, Public 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 Cnut the Danish King, Anno Dom. 1017. with some brief Observations on and from the same.

I N 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 public Taxes, Tallages, Imposts, Customs whatsoever, on their people, upon any real or pretended necessity; to m • ke any War, Peace; or to alienate the Lands or ancient Revenues of their Crowns, to any pious, public 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 lawful Kings: who, though many and great in their generations, were ve • y speedily brought to nothing their Kingdoms begun, erected by blood, conquest, and mere power of the Sword, standing not long unshaken by civil wars among themselves, each King envying his equals greatness, and seeking to enlarge 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 people's 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; Attend quaeso & stude, cum nihil hic du • et, ut adjuiras tibi regnum, & substantiam illam, quae non deficiet, Nomen illud & honorem qui non pertransibit, monimentum illud & claritatem quae nullis saeculis veterascet. Hoc praemeditare, summae prudentiae est, acquirere summae, caliditatis, adipisci summae faelicita • is.

I shall now in this Section proceed in my intended Chonological Method, to their next succeeding Christian Saxon Kings reigns in England, till the reign of King Cnut the Dane, Anno Domini, 1017.

It is recorded of Aethelbert the first Christian Saxon King of Kent, that keeping the Fea • t of our Savior's Nativity at Canterbury, with his Queen, Ead bald his Son, Arch-Bishop Augustine, and the Nobles of the Land; he there held a Parliam • ntary 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, die quinto • anuarii, he did then and there, Omnium & singulorum approbatione, & consensu, as he relates; or cum consensu Venerab • lis Archie • iscopi Augustini Ac Principum meorum, & cum Aedbaldi filii mei, aliorumque Nobilium optimatum meorum Consilio, as his Charters reci • e, give, grant and confirm to the Church of St. Peter and Paul in Canterbury forever, sundry Lands, precious 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 been • it of his people in his own Country Saxon Language, Which our venerable Beda, William of Malmesbury, Huntandon, Brompton, and others mention only in the general, and Bishop Enulph hath registered to posterity in his famous manuscript, entitled Textus Rosfensis, of which I have given you some account before. Section 3. p. 50, 51, 52. on which you may reflect.

In the year of Christ 627 Paulinus persuading Edwin King of Northumberland to b • come a Christian, to avod eternal torments, and to be made a partaker of the Kongdom of Heaven ; The King answered, That he was both willing, and • ught to receive the faith which he taught, but he ought first to confer with his Friends, Princes, and Counselors concerning it, th •• so, if they concurred in ju • gement with • im, •• ey might all be bap • ized together. Assembling therefore his Wisemen, and advising with them, he • emanded severally of them all, What that Doctrine, which they never heard of till then, and that new worship of God which was preached by Paulinus, seemed to t • em ? To whom Coyfi the chief of the Priests presently answered: Do thou consider, O King, what that Religion is which is now preached to us; I profess unto thee, that which I have most certainly learned, that the Religion we have hitherto embraced, hath no virtue at all in it; whereupon it remains, that if those new things which are now preached unto us, shall appear to thee upon examination, to be better and stronger than our Religion, let us hasten to embrace them without any delay. To whose wise persuasions and words, Another of the Kings Nobles giving his Assent, spake something concerning the brevity and incertainty of this life, and of their ignorance and incertainty of that life which is to come, concluding, That if this new Doctrine brought anything to them more certain, than that they formerly embraced, it ought to be deservedly followed : The rest of the Elders and Kings Counselors, prosecuting the like things, by Divine admonition, Coyfi added; that he desired to hear Paulinus preaching concerning God, more diligently than before ; which when he had done, by the Kings command; he cried out (having heard his preaching) I heretofore understood, that what we worshipped was nothing, because by how much the more diligently I sought the truth in that worship, the less I found it. But now I openly profess, that in this preaching, the truth shines forth, which is able to give unto us the gifts of eternal life, salvation, and happiness; Whereupon, O King, I advise thee, that the Temples, and Altars we have consecrated without any fruit or benefit, we should now presen • lie execrate and burn. Upon • his, without more debate, the King openly gave his assent to the preaching of Paulinus, & renouncing Idolatry, confessed • hat he did embrace the faith of Christ. And when the King demanded of Coys • his Priest, who ought • irst to profane and destroy the Altars & Temples of the Idols, with the rails & and bounds wherewith they were enclosed ? He answered, I, who have worshipped them through foolishness. And presently renouncing his Superstition, he demanded Arms and an Horse of the King, ( which by their old Law Priests might not use:) which being granted him, he mounted the Horse, with a Sword and Lance in his Hand, and riding to the Idols thus armed (the people deeming him to be mad) profaned the Temple, and commanded his Companions to destroy and burn it, with the Idols, and all the Hedges about it, which they did. Whereupon the King, with his Nobles, and very many of the people, embraced the Christian Religion, and were baptized by Paulinus, in the Church of St. Peter at York ; (which the King there speedily commanded to be built of Wood, and afterwards enlarged) ordaining Paulinus Bishop of that place, who converted, baptized him and his people; as Beda and others more largely record the History. From which memorable president we may observe these particulars.

• 1. That the King himself could not then alter the established Laws or received Religion of this Realm, though false; nor introduce new Laws, or set up the true Religion, without the concurrent Assent of his Nobles and Wisemen in a general Parliamentary Council
• 2. That the Princes, Chief Priests, Nobles, an • Ae • dermen of the Realm, were the Parliament Members in that Age.
• 3. That everyone of them in these Councils had freedom of Vote and Debate; and gave their voices severally, for the bringing in of Christianity, and de • truction of Idolatry.

William of Malmesbury gives this Character of this Kings Government, after he became a Christian, and of the vicissitude of human affairs, worthy our present observation, he being suddenly slain in battle, together with his Son, after all his former conquests and felicity.

Anno 673 Theodor Archbishop of Canterbury, held a great Council at Hertford ; presentibus Episcopis Angliae, ac Regibus, & Magnatibus universis; the Bishops of England, and Kings (to wit, King Lotharius and Easwine ) and all the Nobles being present at it. In this Council, they made ten Canons or Laws, which they all subscribed and ra • ified with their hands ; the 7th. whereof was, That a Synod (or Parliamentary Assembly) should be assembled twice, or (because divers causes hindered) Placuit omnibus in commune, they all agreed in common, that in the Calends of August, in a place called Clov • sho • n, a Synod should be congregated, at least once every year. The rest of them you may peruse in the marginal Authors at leisure, being me • lie Ecclesiastical, and not so pertinent to my Discourse.

Ceadwalla King of the West-Saxons, In the year of our Lord 680. granted to Bishop Wilfrid certain Lands, with their appurtenances, called Pagaliam; cum consensu & devotâ con • irmatione omnium Optimatum meorum ; with the consent and devout confirmation of all his Nobles (assembled in a Parliamentary Council) the grant of his Crown Lands to him, being not valid to bind his Successors without his Nobles concurrent confirmation.

William • f Malmesbury writes of him; That though before his conversion unto Christianity, he addicted himself to wars, and to plunder and spoil his neighbouring Kings ; yet he conscientiously dedicated the tenth of all his spoils to God. Inter haec arduum memoratu est, quantum etiam ante Baptismum inservierit pietati, ut omnes manubias quas jure praedatorio, in suos usus transcripserat, Deo Decimaret. In quo, et si approbamus, affectum, improbamus exemplum; juxta illud; Qui o • fert sacrificium de substantia Pauperis, quasi qui immolat • ilium in conspectu patris.

If all the Plundering, warring Saints of this Age would imitate his example, in giving the Tenths of all their spoils and plunders to God & his Ministers, instead of spoiling them of their Tithes and ancient Church-Revenues, men would deem them as good Saints as this plundering conquering Saxon King; of whom it is likewise storied, that before he turned Christian, intending to invade the Isle of Wight, and unite it to his Kingdom; he vowed to give the 4 th. part of the Island, and Prey, to Christ, if he should vanquish it: Whereupon he conquering the Isle, slew the Natives in it, being Pagans, with a Tragical slaughter; and in performance of his vow, gave to Bishop Wilfrid and his Clerks (for their maintenance and encouragement) the possession of 300 • -Hides of Land, being the fourth part thereof. When our new Conquerors shall be so bountiful in bestowing the fourth (or but the • enth) part of all the pretended conquered Lands they have gotten on Christ's Church and Ministers, instead of invading and purchasing the Churches ancient Lands, Gl • bes, Tithes and Inheri • ance, they may demerit the Name and praise of Saints, as well as Ceadwalla ; who, before he came to the Crown, as he was unjustly banished from his Country, through the envy of others, only for his virtues and worthiness, which first caused him to take up arms and invade the South-Saxons, two of whose Kings he slew successively in the field, after which he twice invaded, and afflicted Kent with grievous wars (taking advantage of their civil discords) wherein he shed abundance of Christian blood: So when he had reigned but two years space, after all his victories, out of mere devotion, he voluntarily left his Crown, Kingdom, Conquests, and went in Pilgrimage to Rome (where he was baptized) to bewail and expiate the guilt of all his former wars, bloodshed, plunders, rapines, perplexing his Conscience, and there died.

The first Charter and grant I find extant of any Lands given to the Church, after those of Ethelbert King of Kent, forecited, is that of King Eadbaldus his Son and successor, Anno Dom. 616, who being by God's mercy, through the admonition of Archbishop Lawrence converted from the pravity of his life, for the Salvation of his soul, and hope of a future reward, gave to Christ-Church in Canterbury, and to the family serving God in that Church, his Lands called Edesham, with the Fields, Woods, Pastures, and all things thereunto of right appertaining, free from all secular services, & Fiscal tributes; except these three; Expedition, Building of Castle and Bridge.

The next in time, is the • rant of Lotharius King of Kent, Anno 679. of certain Lands in the Isle of Thannet, to the Monastery of Raculph, free from all secular services, except these three, Expedition, Building of Bridge and Castle: To which I might annex these ensuing Grants and Charters, which I shall only name; The Grant of King Egfrid, and his Queen Etheldrida, of Hestodesham to Bishop Wilfrid, Anno 674.

The Charter and Grant of Ceadwalla aforesaid, and Kendritha his wife (of 4 plough-Lands to Archbishop Theodor, and the Family of Christ-Church in Canterbury, free from all secular services, but those 3 forementioned ) An. 687. of Withrid King of Kent, Anno. 694, of King Offa, An. 774. of King Edmund, An. 784. of King Kenewlfe, An. 791, 814, 815, 822. of King Wilof, An. 829. of King Athulfus, An. 832, 833, 834. of King Ethelstan, An. 927, 940. of King Edred, An. 941, 948, 949. of King Egered, An. 979, 980. and of King Cnut, An. Dom. 1016. To pretermit others of this kind.

All which Grants being for the most part, only of their own private Lands gotten by Purchase, or Conquest, not of the Lands, or Demesnes of their Crowns, passed by their own Charters alone, without any confirmation or assent of their Nobles in a Parliamentary Council, not mentioned at all in them. But no grants of any Lands, Rents or Revenues o • their Crowns, to pious or other uses, were then either valid in Law, or obligatory to their successors, without common consent and rati • ications of their Nobles in Parliamentary Councils, which for this reason is still mentioned in all their Charters and donations of such Lands and Rents to pious uses. Neither could they exempt those Lands from any of these three forenamed public charges (for the common defense and been • it of their Realms) by their own royal Char • ers alone, unless ratified by the Nobles in their great Councils. Whereupon in all these forecited Charters, and other grants of Lands by particular persons, ratified by these Kings, they exempted them only from all secular services, exceptis Expeditione, Pontis & Arcis constructione, which they could not discharge them from, but by special Grants in General Parliamentary Assemblies, as subsequent Presidents will more full • y demonstrate.

Theodor Archbishop of Canterbury, Anno 685. held a Council at Twyford, in the presence of Egfrid King or Northumberland, who going in person to St. Cutbert (when as he neither by Le • ters nor Messengers could be drawn out of his Island Lindesfarne to the Synod) brought him to it much against his will: where; by the command of all the Synod, he was constrained to take upon him the Office of a Bishop : Whereupon King Egfrid by the advice of Archbishop Theodor, Bishop Trumwin, & totius Concilii, and of the whole Council, for the salvation of his and his successors souls, by his Charter gave to St. Cutbert and all his successors, the Village called Creic, and 3 mile in circuit round about it, together with the City called Lugabadia, and 15 miles circuit round about it, to have to him and his successors, for the service of God forever, as freely and quietly as he himself enjoyed them, and to dispose thereof at his pleasure ; which Charter the Arch-Bishop and Bishops present in the Conncil, confirmed with their Subscriptions. What other Councils and Synods were held under this Arch-Bishop Theodor at Hartford, Clovesho, Heathfield, (or Hatfeild ) and what Canons were made in them, for the confirmation of the Christian faith, the 5 first General Councils, &c. you may read at leisure in Gervasius • Doroberniensis, Matthew Parker, and Godwin in his life, where they are recorded; and in Matthew Westminster, An. 880. Chronicon Johannes Brompton, Col. 741, 756, 799, 780. Radul. de Diceto Abbreviationes Chronic. Col. 441. Chronica Will. Thorn, col. 1770, Henry Huntindon, Historiarum lib. 3. p. 335, Spelmanni Concilia, p. 152. Beda Ecclesiasticae Historiae, l. 4. c. 5, 17, 18. Mr. Fox Acts and Monuments vol. 1. p. 160, 161. To which I shall re • er you.

In the year 694 Withred King of Kent summoned Brithwald Archbishop of Canterbury, Toby Bishop of Rochester, with the other Abbots, Abbesses, Priests, Deacons, Dukes and Earls to a great Council at Beccanceld (or Baccanceld, as others write it:) where consulting all together concerning the State of the Churches of God, within that Realm, how they might establish and perpetuate to them to the end of the World, those Lands and Revenues which their pious Kings and Ancestors had granted and appropriated to God and his Church, as their perpetual inheritance, without subtraction or diminution, They thereupon enacted, decreed, and in the name of God Almighty commanded, that all their successors, both Kings and Princes, with all other Laymen whatsoever, should not invade the Righ • s, La • ds or Dominions of the Churches, which they then confirmed; nor presume to viol • te the Privileges granted to them, and specially by king Withreds Charter, which they ratified in this Council with all their subscrip • ions ; wherein he and they exempted Churches from all s • cular services and Tribu • es, but such as they should voluntarily and freely render without compulsion, which should not be drawn into custom to their prejudice ; wi • ne •• e this Clause of the Charter, and exemption then confirmed; & ab omni debito vel pulsatione Regalium Tributorum, • isi suà spontanea volu • tate, ex la • gitate beneficiorum quid facere velint; tamen hoc imposterum non servetur, nec habeatur in malam consuetudinem.

The same King Withred, in the Parliamentary Council of Berghamsteed, Anno 697. by the advice and common consent of his Bishops, and other Ecclesiastical Orders, cum viris qui • usdam militaribus; enacted sundry Ecclesiastical and civil Laws, to be added to the former Laws and customs of Kent : the first whereof is this, That the Church shall be free, and enjoy her Judgments, Rents, and Pensions.

And Anno Dom. 700. this king Withred, unâ cum consensu Principum meorum, together with the consent of his Nobles and Bishops (who subscribed their names to his Charter) granted to the Churches of God in Kent • th • t they should be perpetually freed ab omni exactione publica tributi, atque dispendio vel laesione, à praesenti die & tempore, &c. From all public exaction of Tribute, and from all damage and harm: rendering to him & his posterity, such honor and obedience as they had yielded to the Kings h • s antecessors; under whom Justice and Liberty was kept towards them.

About the year of our Lord 678. Wilfrid Archbishop of • ork • eing in a Council unjustly depri • ed of his Bishopric by Theodor Archbishop of Can • erbury, who envied the greatness of his Wealth, Power, and Diocese, which he would and did again •• Wilfrids will, in that Council divide i • to • more Bishoprics, was after that time exiled the Realm, through the malice of Egfrid king of Nort • umberland, and Emburga his Queen, (whom he would have persuade • d • o become a Nun, and desert her Husband, as some Authors write, and others deny in his favor) without any just and lawful cause ; and after that about the year 692. being again deprived of his Bishopric and right by the Judgment and sentence of another Council held under Aldrid king of Northumberland, and Bertuald Archbishop of Canterbury ; he thereupon ma • e two successive appeals to Rome against their two unjust sentences, as he conceived them: The first to Pope Agatho, and a Council of 150 Bishops, held under him; who decreed, he should be restored to his Bishopric and make such Bishops under him (by advice of a Council to be held `by him) as he should deem meet ; with which decree against his first s • ntence, he returning from Rome to king Egfrid, to whom he delivered it, sealed with the Popes Seal ; the king upon • ight and reading thereof, in the presence of some of his Bishops, tantùm à reverentiâ Romanae sedis abfuit, was so far from obeying this Decree of the Roman See, that he spoiled Wilfrid of all his Goods and possessions, and committed him prisoner to a barbarous and cruel Governor; who thrust him into a dark dungeon for many days • and after that committed him to another more cruel Gaoler than he, called Tumber, who endeavored to put him into Fetters by the Kings command; which he could no ways fasten upon his Legs, but they presently fell off again, through a Miracle. Whereupon wickedness giving place to Religion, he was loosed from his Bonds, detained in free custody, and afterwards released, but not restored. After which, about the year 693. he appealed again to Pope John, against the proceedings of the second Council, which refused to re-admit him to his Archbishopric, unless he would submit to the decrees of Archbishop Theodore, and Brithwald his successor ; which he refused to do, unless they were such as were consonant to the decrees of the holy Canons, which he conceived theirs not to be, because they would order him to condemn himself without any Crime objected to him. Upon which appeal, this Pope, wi • h his Bishops, pronounced Wilfrid, free from all Crime, and ordered him to return to his A • chbishoprick; writing Letters to Æthelred King of Mercians, and Alfrid King of Northumberland to restore him thereunto. Alfrid receiving the Popes Letters by Wilfrids Messengers, altogether refused to obey the Popes commands in this Case ; saying,

That it was against reason, to communicate with a man already twice condemned by the whole Council of the English Nation for any writings of the Pope (so little were the Popes authority and decrees then regarded in England, contradicting the kings and English Councils proceedings) neither would he restore him all his life. After his death Edulfe usurping the Crown by Tyranny, Wilfrid repaired to him to restore him to his Archbishopric, upon this account of the Popes Letters; Whereupon he was so enraged with him for it, though formerly his great friend, that he presently commanded him to depart the Realm forthwith, unless he would be sp •• led of all his goods, and cast out of it with disgrace. But this Usuper being deprived both of his Realm, Crown, and Life, in little more than 3 Months space, and Osred son of king Alfrid, being restored to the Crown by the Nobles, as right heir thereunto ; at last Wilfrid was re-invested in his Bishopric by the decree of a Council held under him in Northumberland, at a place called Nidden, An. 705. not so much in obedience to the Popes command, as king Alfrids, attested by Elfleda his Sister, then Abbess of Streneshash ; witness these words of Berfride, Upon which he was accor • ingly restored: whereupon all the Bishops embraced him, and reconciled themselves to him.

This Bishop Wilfrid procured to the Church of Hagustald, which he founded, and was Bishop thereof, many privileges, and that • or one miles circuit round about, none should be arrested going or coming, bu • enjoy inviolable peace.

Anno Domini 708 Egwin Bishop of Worcester, procured king Kenred and Offa by their Charters, to grant and confirm many Lands and Privileges • o the Abbey of Evesham ; which Pope Constantine likewise ratified by his subscription at Rome, as well as • hese kings, in the presence of many Archbishops, Bishops, Princes and Nobles of divers Provinces, who commended and approved their Charters and Liberality. In purs • ance whereof, Pope Constantine writ a Letter to Brithwald Archbishop of Canterbury, to summon Concilium totius Angliae, a Council of all England, to wit, of the Kings, Bishops, Religious persons of Holy Orders, Optimatesque Regni cum proceribus suis, with the Nobles and great men of the Realm; who being all assembled together in the name of the Lord; The Archbishop should in their presence, read the Charters of these Kings and the Popes confirmation of them, that they might be confirmed by t • e favor and assent of the Clergy and the people, and consecra • ed with their Benediction. Whereupon king Kenred and Offa, after their return from Rome, assembled a General Council in a place called Alne, where both the Archbishops Brithwald and Wilfrid, with the rest of the Bishops, Nobles, and these two Kings were present : wherein, Donationes omnes confirmatae sunt, all these their Donations and Charters were confirmed ; and likewise in another Synod at London, An. 712. A most pr • gnant e • idence, that these kings Charters and Donations, though ratified by the Pope himself, were not valid nor obligatory to their successors or people, without their common consent to, and confirmation of them in a general Parliamentary Council of the Prelates, Nobles, Clergy and Laity, even by the Popes and these kings own confessions and practice in that age.

In the year of our Lord 716. Ethelbald king of M • rcians, by his Charter gave to God, the blessed Virgin, Saint Bartholomew & Kenulphus, the whole Isle of Croyland, to build a Monastery ; and confirmed it to them forever, free from all Rent and secular services ; & inde Char • am suam in praesen • ia Episcoporum, Procerumque Regni sui securam statuit; all his Bishops and Nobles of his Realm assenting to, and ratifying this Charter of his, both with the subscriptions of their nam • s, a • d sign of the Cross, as well as the King ; that so it might be firm and irrevocable, being his demes • e Lands, which Charter is at large recorded in the History of Ingulphus.

About the year of Christ 720. some (fabulously) write, that king Ina took Guala daughter of Cadwallade • , last king of the Britons to wife, with whom he received Wales and Cornwall, and the blessed Crown of Britain. Whereupon, all the English that then were, took them wives of the Britons race, and all the Britons took them wives of the illustrious blood of the English and Saxons, which was done, Per commune Concilium et assensum omnium Episcoporum ac Principuru • , Procerum, Comit • m, et omnium Sapientum, Seniorum, et populorum totius Regni, (a •• emb • ed • o ••• her in a General Parliamentary Council) Et per praeceptum Regis Inae; whereby they became one Nation and People : Af • er which; they all called that, the Realm of England, which before was called, the Realm of Britain, and they all ever after stood together, united in one, for common profit of the Crown of the Realm, and with a unanimous consent most fiercely fought against the Danes and Norwegians, and waged most cruel wars with them, for the preservation of their Country, Lands and Liberties.

An. 705. King Ina by his Royal Charter, granted and confirmed many Lands to the Abbey of Glastonbury, endowing that Abbey and the Lands thereto belonging, with many large and great Privileges, exempting them from all Episc • pal Jurisdiction, and from all regal exactions and services, which are accustomed to be excepted and reserved ; to wit, from Expedition and building and repairing of Castles or Bridges; from which they should inviolably remain free and exempted, and from all the promulgations and per • urbations of Arch-Bishops and Bishops : which privileges were formerly granted and confirmed by the ancient Charters of his Predecessors Kenewalcus, Kentwin, Ceadwalla and Baldred. This Charter of his was made and ratified by the consent and subscription, not only of king Ina himself ; but also of Queen Edel • ur •• • king Baldr • d Adelard, the Queens B • o • her • consentientibus etiam omnibus Britanni •• Regibus, Archiepiscopis, Episcopis, Ducibus, atque Abbatibus, all the Kings, Archbisho • s, Bishops, Dukes, and Abbots of Britain, consenting likewise thereunto • many of which subscribed their names unto it, being assembled in a Parliamentary Council for that end.

King Ina, In the year 727. travelling to Rome, built th • re a school, for the English to be in • tructed in the faith; gran • ing towards the maintenance of the English Schol • rs there, a penny out of every house within h • s Realm, called Romescot, or Peterpence; to be paid towards it every year. All which Things and Tax; That they might continue firm for perpetui • y, Statutum e • t genera •• • ecre • o, &c. were confirmed by a general decree of a Parliamentary Council of • is Realm ; then held for that purpose; of which before more largely.

In the year of our Lord 742. There was a Great Parliamentary Council held at Clovesho (or Clyffe ) where Ethelbald King of Mercia sat President, with Cuthbert Archbishop of Canterbury; the rest of the Bishops sitting together with them, diligently examined things necessary concerning Religion, and studiously searched out of the an • ient Creeds and institutions of the holy Fathers, how things were ordered according to the rule of equity in the begin • ing of the Churches birth in England; whiles they were inquiring after these things, and the ancient privileges of the Church, at last there came to their hands, the Liberty and Privileges which King Withred had gra • ted to the Churches in Kent: which being read before all, by King Ethelbalds command; they were all very well pleased therewith, and said unanimously, That there could not be found any so noble and so prudent a Decree as this, formerly made, touching Ecclesiastical Discipline ; and therefore, Hoc ab omnibus firmari sanxerunt, decreed that it should be confirmed by them all. Whereupon King Ethelbald for the salvation of his soul and stability of his kingdom, confirmed and subscribed with his own munificent hand, That the Liberty, Honor, Authority, and security of Christ's Church in all things, should be denied by no person, but that it should be free from all secular services, with all the lands pertaining thereunto, except Expedition and building of Bridge and Castle. And like as the said King Withred himself ordained, those privileges should be observed by him and his, so he and this Council commanded, they shall continue irrefragably and immutably in all things. And if any of our Successors, Kings, Bishops, or Princes shall attempt to infringe this wholesome Decree, let him render an account to Almighty God in that terrible day; But if any Earl, Priests, Clerk, Deacon or Monk shall resist this Decree, let him be deprived of his degree, and sequestered from the participation of the body & blood of the Lord and alienated from the kingdom of God, unless he shall amend with due satisfaction, what he hath unjustly done, through the evil of Pride.

Anno 747. There was another Parliamentary Council held at Clovesho, or Cly • fe, under king Ethelbald, where the king himself, with Cuthbe • t, Archbishop of Canterbury, eleven other Bishops, cum Principibus et Ducibus, with the Princes and Dukes, were present.

In this Council were some Ecclesiastical Laws and Canons made, the last whereof was, for Prayers to be publicly made for Kings and Princes incessantly; that the People might live a Godly and peaceable life under their pious protection. In this Council king Ethelbald renewed and enlarged his former Grant of Privileges to the Churches, recited at large in the Marginal Authors, the sum whereof is this,

(as Ingulph. renders it, or as other Copies; Then follow the subscriptions of the King, Bishops and Nobles, with, Ego his statutis consentiens subscripsi, confirmandoque signum crucis aravi.

In this Council, amongst other Synodal Decrees subscribed by the Bishops, It was decreed, That the Feasts of St. Gregory the Pope, and St. Augustine the English Apostle, should be perpetually observed with greatest solemnity, King Ethelbald, with his Nobles, being there present, and approving it.

In the year of Grace 752. Cuthred king of the West-Saxons being unable to endure the proud Exactions and insolencies of king Ethelbald, for vindica •• on of his own and his people's Liberty from his oppressions, raised an Army, and fought a bloody Batt • l wi • h him at Beorford ; where through God's assi •• ance (who giveth grace to the Humble, and resisteth the Proud) he routed him and his whole Army, and after, An. 755. slew him in a second battle (he disdaining to fly) by the Treachery of Bernred, his Captain, the chief Author of his death.

King Cuthred deceasing, Sigibert his kinsman who succeeded him, growing insolent and proud by his Pre • ecessors great successes, became intolerable to his Subjects, treating them very ill in every kind, Depraving or altering the Laws of his Ancestors, for his own private Luere, and exercising exactions and cruelties upon his Subjects, setting aside all Laws. Whereupon his • aithfull Counselor Earl Cumbra, ovingly admonishing him to govern his people more mildly and justly, that so he might become amiable to God and men ; he was so incensed with him, that he commanded him most wickedly to be slain, and became more cruel and Tyrannical to his people than bef • re. The Pe • r • and Commons hereupon seeing their Laws and Liberties thus violated, and their Estates and Lives every day in danger, being incensed into fury, assemb •• ng themselves together, did all unamimously rise up in Arms against him and upon mature prudent deliberation, by the unanimous consent of all, expelled him the Kingdom for his Tyranny and mis-governmenr. Upon which Sigebert flying into the woods for shelter, like a forlorn person, was there slain by Cumbra his Swine-herd, in revenge of his Masters murder. Florentius Wigorniensis relates, that after his expulsion from the Realm by the Nobles, for the multitude of his unjust deeds ; Kenulphus, allotted him the County of Hampshire for his maintenance, until he slew Earl Cumbra (such was the Charity and Humanity of those times, even to an expelled, deposed Tyrannical King, now quite out of date) with whom Ethelwerdus, Hist. l. 2. c. 17. and Polychronicon, l. 5. c. 24. accord. Some of our Historians (especially E • helwerdus and Wigorniensis ) relate; that Kenulphus usurped the Crown by mere force of Arms, first drawing the Nobles and People to rise up against, and expel Sigebert for his exorbitant actions, and the multitude of his unjust deeds, and then usurping the Throne, being not of the blood Royal (as Malmesbury relates) though of a Noble family : But they all unanimously record, that he came to a miserable end upon this occasion. When he had reigned 31 years with honor and good success, being puffed up therewith, and fearing lest Kinear • us (Sigiberts Brother) who began to be potent, should revenge his Brothers death upon him, and dispossess him or his posterity of the Crown, he banished and compelled him to depart his Kingdom. Who thereupon giving way to the time, voluntarily sled out of his Dominions. But soon after secretly drawing together (through private Conventicles) a band of desperate men, he found an opportunity to fall upon Kenulphus, when he went with a few followers to visit his Paramore at Merton, where he besetting the House round, slew the King, with all his followers. The fame of which Act coming to his Nobles and Soldiers 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 • ncountred Keneardus and his Complices, and notwithstanding all their fair promises of Money, & preferments to them, and all entreaties, after a sharp bloody encounter, put them all to the sword, with the loss of some of their own lives.

Add Henry Huntindon, Roger Howden, John Brompton, Malmesbury, and others, as a Corollary to this History of Sigibert ; and Kenulphus. Which all Traitors, Tyrants and Usurpers treading in their exorbitant foots • eps, may do well advisedly to consider.

In the year of our Lord 758. The people of the Realm of M • rcia rising up against their King Bernred because he governed them not by just Laws, but by Tyranny : a •• embled all together in one, as well Noble as Ignoble ; and Offa being their Captain, t • ey 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 Malmesbu • y, Spee • , and Simeon Dunelmensis write) treacherously mur • hered King Ethelbald his Sovereign, whose General he was, and thereupon usurping his Throne, and turning a Tyrant, (as most Usurpers do) was in the very • irst year of his usurped reign, expelled the Realm, and soon after slain by Offa; and so dignum sinem insidiarum tulit, being Author necis of his Sovereign, King Ethelbald, à suis tutoribus fraudulenter interfectus, as our His • orians observe. A good Memento for other Traitors and Usurpers treading in his footsteps;

The English complaining to King Offa, in the year 775. of the great exactions in foreign parts under Charles the Emperor, they being then at variance, so as their trading and merchandize was everywhere prohibited in both their Realms, thereupon King Offa, by gifts sent to the Emperor, 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 sitting places. That all English Merchants and Traders should have lawful 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. Aethelred, 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 Consul (or Earl) being their justice in his • wn 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, Judgments, 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 Island, 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, Howden, Aethelwerdus, Matthew Westminster, Brompton, 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 Sim • on Dunelmensis, and Richardus Hagulstaldensis

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 tan • um & latronum latibula ; being only Dens of Beasts and Thieves. And how many times it hath been wasted, de populated 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 judgments 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 • cclesiastical a • d secula • Princes, Nobles, Elders, Bishops, Abbots • were pr • sent; who all subscri • e • and consented to the Ecclesiaestical and Temporal Laws and Canons therein made and published, being 20 in Number ; The principle whereof rela • ing 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 Iambertus (or Lambert ) Archbishop of Canterbury, much against his will, resigned part of his Arch-Bishopric to the Arch-bishop of Litchfield, by the command and power of King Offa ; who envying the • ower and Pride of the Archbishop of Canterb. deprived him in this Council (notwithstanding all Iamberts appeals to Pope Adrian ) of all Lands and Jurisdiction within his Realm of Mercia, erecting a new Arch-bishopric at Litchfield, to which he subjected all the Bishops of Mercia, (being then six in number) • ill by another Council they were reunited to Canterbury, after the decease of Offa.

About the year 788. (there being some difference amongst Historians in the year) there was a great Council held at Ade, and after that ano • her Council kept at Wincenhale or Pincanhale in Northumberland, now called Finkely. Sir Henry Spelman conceives, that these Councils were principally summoned to prevent the incursions of the Danes, who in the year 787 • came in • o Britain with 3 ships; to discover the Coasts and prey upon it, slew King Bricticus his Provost, and after that many thousand thousands of the English at sundry times. After this there was another Parliamentary Council or Synod held at Aclea, or Aclith • ; at which time Duke Sigga by wicked Treason slew his Sovereign Alfwold, king of Northumberland, and was, not long afterwards, slain himself by the Danes, (who miserably wasted and destroyed that rebellious kingdom of Northumberland with fire and sword) as a condigu pu • ishment for their treasons, Rebellions and Regicides of their Kings.

Anno 792. there was a Council held at a place called Fincale, where the Archbishop with his Suffragan Bishops, and many others were present: What the occasion of it was, appears not: only our Historians relate, That Osred king of Northumberland, was this year chased out of his Kingdom by his rebellious subjects, when he had reigned but one year, and Æthelred, son of Mollo substituted King in his place. Whereupon Osred gathering forces together to expel Æthelred, which had expulsed him out of his Realm, was in his march into it again taken prisoner and slain by this Usurper at Tymmouth. Upon occasion of which Insurrections and Wars, I conceive this Council was most probably summoned. Soon after this usurping Regicide Æthelred, was slain himself, even by those seditious Subjects who expelled and slew Osred, to advance him to the Throne. The common fate of bloody Usurpers, especially in this kingdom of Northumberland, as our Historians observe.

King Offa, in the year 793. called a Provincial Parliamentary Council, where Archbishop Humbert, and his Suffragans, with all the Primates and Nobles were present; wherein he treated with them about founding the Monastery of St. Albane, the first Martyr, in the place where his Corps was found: endowing it with lands and Privileges. Placuit omnibus Regis propositum. Whereupon they concluded, the King should go to Rome in person, and procure from the Pope the Canonization of St. Albane, and a Confirmation of Privileges to the Abbey he intended to build. He repairing to Rome accordingly, the Pope commending his Devotion, gave him his full a •• ent, both to found a Monastery, and endow it with all such Privileges as he desired: enjoining him, that returning to his Country, ex Consilio Episcoporum, & Optimatum suorum, by advice of his Bi • hops and 〈…〉 to the Monastery of St. Albane, what Possessions or Privileges he would : which he 〈◊〉 grant or confirm to it by his special Charter first, and afterwards he would confirm his original with his Privilege and Bull. The king hereupon receiving the Popes Benediction, returned home, and held two great Councils for the setliug of the Lands, Privileges and Liberties of St. Albanes: The one at Cel • yth, where were present, 9 Kings, 15 Bishops, and 20 Dukes (as John Stow relates in his Chronicle) who all subscribed and ratified his Charter of Lands and Privileges granted to St. Albane. The other Council was held at Verolam, which Matthew Westminster thus expresseth. Congregato apud Verolamium Episcoporum & Optimatum Concilio, unanimi omnium consensu & voluntate, beato, Albano Amplas contulit terras, & possessiones innumeras, Quas multiplici Libertatum privilegio insignivit. Monachorum vero conventum ex Domibus been Religiosis ad Tumbam Martyris congregavit, & Abbatem eis Nomine Willegodum praefecit, cui cum ipso Monasterio, Iura R • galia concessit. This king then reigning over 20 Shires, at the same time (by the unanimous assent of the Bishops and Nobles) gave out of all those Counties to the English School at Rome, Peter-Pence, in English called Romescot. Yet he privileged the Church of St. Albane with so great Liberty, that this Church alone should be quit of the Apostolical Custom and Tribute called Romescot, when as neither the King nor Archbishop, nor any Bishop, Abbot, or Prior, or any other in the Realm was exempted frow this payment. And likewise granted, that the Church of St. Albane should faithfully collect the said Romescot, from all the County of Her • ford, wherein the said Church is situated, and receive the money collected to that Churches own use. And that the Abbot thereof, or a Monk constituted his Archdeacon under him, should exercise Episcopal Authority over all the Priests & Laymen within the possessions belonging to the Abbey, and that he should make subjection to no Archbishop, Bishop, or Legate, but only to the Pope himself. So as that Church hath omnia jura Regalia; and the Abbot thereof for the time being, Pontificalia ornamenta. And that by the great Charter of this king then made, with the unanimous consent of all his Bishops and Nobles in this great Council. What Lands he gave to the Monastery of St. Augustine's and Christ-church in Canterbury, and the Archbishops there, you may read at large in the Chronicles of William Thorn, col. 1775. and Evidentiae Ecclesiae Christi Cantuariensis, col. 2203, 2219.

King Offa deceasing An. 797. his Son Egfrid, so soon as he was settled in his Fathers kingdom, imitating the pious footsteps of his Father, devoutly conferred many Lands and possessions on the Church of St. Albanes, and confirmed them by his Charter an • Privilege; with all those other Lands, Privileges and Royal Liberties which his Father had conferred on the said Church, to enjoy them in the freest manner. Of ejus Donatio, ut perpetuae firmitatis Robur obtineret, juxta morem Romanae Ecclesiae, omnium Episcoporum Comitum et Baronum totius imperii sui (assembled in a general Council of • he Realm) Subscriptionem, & signum crucis apposuit, Causing all his B • shops, Earls, and Barons of his whole Realm to subscribe and ratify his Charter and Donation with the sign of the Cross, after the manner of the Roman Church, That it might be of perpetual force and validity. Moreover declining his Fathers covetousness in all things, whatever he for the exaltation of his Kingdom, had diminished out of the possessions of divers Monasteries, he, out of a pious devotion, restored and confirmed with his Privilege (or Charter) to all who desired it.

This pious King Egfrid, (as our Historians observe) and let others note it who gain their Kingdoms, Powers, Possessions by Bloodshed and Treason ( was taken away by sudden death on the 141 day after his Fathers decease (which gave great cause of grief to all the people of his Realm) not for his own sins, which is not to be supposed; but because his Father (pro Regni sui confirma • ione sanguine • 〈◊〉 effudit) for the confirmation of his Ringdom shed much blood. For he came to the Cro • n by the sla • ghter 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 complete 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 • ut off by Gaymbertus, who presented it all bloody to King Offa ; who (to color the business) seeming to be sorrowful • or 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 God's exemplary vengeance pursued this heinous bloody Treachery (notwithstanding all his seigned 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 itself 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, una cum caterva Satraparum, and likewise with a great company of his Nobles, there assembled, writ a Letter to Lullus Bishop of Mainz touching some matters of Religion then in Deb •• e.

In the year 798. (the third of King Kenulph his reign) there was a great Parliamentary Synod assemat Pinchamhalch, wherein Eanbaldus, or Embaldus, Archbishop of York sat 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 honors and necessities of the servants of God, rehearsed and ratified the faith o • the 5 first General Councils, concerning the Trinity, in brief and pithy expressions, sit now to be revived in these times of Heresy and Blasphemy.

The same year, there was another Great Council held at • acanc • ld, wherein Kenulph King of Mercians sat President, Athelardus Archbishop of Canterbury, 17 other Bishops, sundry Abbots, Arch-deacons, and other fit persons being there likewise presen • ; Wherein, by the command of Pop • Leo, it was decreed; That from thenceforth no Laymen should exercise Dominion over the Lord's 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 ancient 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, Edbert King of Kent, surnamed Pren, whom he had taken prisoner in Battle. Moreover Eanbaldus Archbishop of York, this year assembled a Synod at Finchale ; 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 Pri • ces, at the request of Athelardus Archbi • hop 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 Provi • cia • Council held at Cloves • o (or Clyffe ) In the year of our Lord 800. by Kenulf king of Mercians, Athelwerdus Archbishop of Canterbury, and all the Bishops, Dukes, Abbots & •• juscunque dignitatis vi • os, and men of all sorts of • ignity ; where after some iniquity, how the Catholic Faith was kept, and Christian Religion practiced amongst them ? The Lands which king Of • a and • ing Kenulph had forcibly taken away from Christ-Church, with the Nunnery of Cotham, and the Hides of Land called Burnam, were Synodali Iudicio, by the Judge • me • t of the Council, restored to Christ-Church. Et omnium voice 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 recuperavit dignitates & possessio • es quas Offa R • x Merciorum abstulerat 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 Controversy might arise betwe • n them, their Heirs and Successors, or King Offa 's, in future times concerning the same, but that they might peaceably in • oy them without interruption, forever. And moreover the Archbishop gave unto Cynedrytha the Monastery called Pretanege, which king Egf • id gave to him & his heirs. Which proves the Great Councils and Synods in that age to be Parliaments; and that they judicially restored Lands u • jus • lie taken away by Kings, upon complaint, exami • a • ion an • due proof made there • of, as well as inquired o • errors and abuses in Religion,

In • his Council • conceive i • was, that Kenulph, with his Bishops, Dukes, et omni sub nostra Ditione Dignatis gradu, comp • ed and 〈◊〉 Letter to Pope Leo the third; promising obedience to his commands; re • uesting • that the ancien • Canons might be observed, and the Jurisdiction and Power of the See of Canterbury ( which King Of • a and Pope Adrian had diminished and divided •• to two Provinces or Archbish • pricks ) might be restored and united again thereto, to avoid Scisms: and craving the Popes answer to these their request : which he returned in a special Letter to the King, restoring to Athelardus and his successors the Bishoprics substracted from his Province, with the Metropolitan Jurisdiction over them, as amply as before.

Hereupon, in the year 802. or thereabouts, there was another Parliamentary Council assembled at Clovesho ; wherein the Archbishopric of Litchfield was dissolv • d, the See of Canterbury restored to its former plenary Metropolitical Jurisdiction (according to Pope Leo his Decree) By the advice and Decree of the whole Council : which commanded in the name of God; That no Kings, nor Bishops, nor Princes, neque ullius Tyrannicae potestatis Homines, should diminish the honor of the Metropolitical See, or presume to divide it in any particle whatsoever, under pain of an Anathema Maranatha ; which Decree the Archbishop, with 12 other Bishops, subscribed and ratified with the sign of the Cross (as they formerly did in the Council of Bechanceld, An. 798.) And in this Council divers controversies concerning the Lands, Limits and Jurisdictions of other Bishops & Bishoprics were likewise decided and settled ; as you may therein read at large.

Eadburga Daughter to King Offa married Brithrie King of the West-Saxons : proud of her parentage and ma • ch, she grew so ambitious, •• sole • t, and Tyrannical that she becam • od • ous, not only to all the Prelates, Nobles, and Courtiers, but to the people l • kewise. For being incited with malice and tyranny, she usually accused and execrated to the King all the Nobles of the Realm, Ordinaries, Bishops, and Religious persons, and so overcame him by her flatteries, that those whom she began to accuse, aut vit • aut Regno privaret, she would either deprive of Life, or banish them the Realm; and if she • old not obtain this from the King against them, she accustomed to destroy them priv • lie wit • poison. At last, An. 802. She preparing poi • on, to destroy a rich and noble Favorite of the Kings, whom he extraordinarily loved; so as she could not banish or destroy him by her false accusatio • s; the King casually drinking of • he Poison (contrary to her intention) as well as his Favorite, they were both therewith suddenly poisoned and d • stroyed. Wherewith this wicked woman being tetrified, sled with all her invaluable Treasures b • yond the Seas to Charles the Great: who for her Lasciviousness, in making choice of his Son for her Husband before himself, (though much enamored with her transcendent beauty) thrust her into a Monastery, where soon after, she abusing her body by uncleanness, in lying with a lewd man, was expelled thence, forced to beg her bread, and ended her days in extreme misery. A just judgment of God, both upon a Tyrannical Queen, and unrighteous King, seduced to banish and condemn his Nobles and Subjects unjustly by her solicitations. For this her most heinous crime the West-Saxons ordained a Law, to the Grand prejudice o • all thei • succeeding Queens: That none of them should have ei ••• r Title, Majesty, or place of Royalty or Queen:

as William o • Malm • sbury, Asserius Menevensis, Matthew Westminster, Florentius Wigorniensis, and others out of them rel • te,

There was a Parliamentary Synod, or Council, held at Celiohi • h, in the year 816. at which, not only Wulfred Archbishop of Canterbury, with all his Suffragan Bishops, but likewise Kenulf king of Mercians, with his Princes, Dukes, and Nobles, and sundry Abbots, Pri • sts, Deacons, and other sacred Orders were present, wherein they enacted 11 Constitutions, the 6th. whereof was this in substance. That the Judgments and Decrees of Bishops made in Synods should not be infringed, but remain firm and irrefragable, being ratified with the sign of the holy Cross (by the Kings and Nobles Subscriptions) unless perchance the King or Princes deemed the subscriptions of their Antecessors of no force, and feared not to re •• rm, or cease from this error, which shall rest and bring a Curse on them and their heirs. The 7th. That no Bishops, Abbots or Abbesses shall alienate or part with the Lands, writings and evidences of their Churches and Monasteries, w • i • h they are entrusted to keep, nisi rationabilis causa poposcit adjuvari, contra invasionem famis, & Depraedationem Exercitus, & ad Libertatem obtinendam: which causes they reputed reasonable.

In • he year of our Lord 822. there was a Parliamentary Council assembled at Clovesho, wherein Beornulph King of Mercians sat President, at which Wu • fred Archbishop of Canterbury, with the rest of the Bishops, Abbots, omniumque dignitatum Optimatibus, Ecclesiasticarum scilicet & saecularium personarum, were present, debating things both coneerning the benefit and regulation of the Church, and defense and safety of the Realm (the proper subjects of our present English Parliaments) a • these words import,

In this Parliamentary Council, the Proceedings in 3 precedent Councils, touching the Complain • s of the Archbishops of Canterbury, of the Injuries done unto them, in taking away the Lands of the Church by their Kings and Officers, with the proceedings thereupon are at large recited, which I shall here transcribe, because generally unknown to most, and best di • covering the proceedings of our ancient Parliamentary Councils in Cases of this nature; of any Council I have met with in that Age, and those which next proceeded, or succeeded it.

To all which things the Archbishop gave his consent, upon this Condition, that the names of the afore said Lands should be rased quite out of the Ancient Privileges which belong to Wincelcumbe, lest in after times some controversy should be raised, De hoc quod Synodal authoritate decretum est, et signo crucis firmatum: concerning this which was ended by authority of the Council, and confirmed with the sign of the C • oss. By this, and the precedent Councils of Clovesho, it is apdarent; first, That the Injustice, Rapine, and oppression of our Saxon Kings themselves, was then examined and redressed in and by our Parliamentary Councils : 2ly. That Tittles to Lands, Jurisdictions, Privileges unjustly taken from the Church and other men, by our kings, or other great persons and complaints touching the same, were usually heard, determined and redressed in the great Parliamentary Councils of that Age, upon complaints made thereof, and that to and before the whole Council, not to any private Committees, not then in use. 3ly. That restitution, reparations and damages in such Cases, were usually awarded in such Parliamentary Councils, not only against the Kings & Parties that did the wrong, but likewise against their heirs ; as here against Abbess Cenedritha, Daugher and heir to king 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 Judgments 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 Archbishopric 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 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 were assembled together. Amongst other businesses debated therein, there was a suit between Heabere Bishop of Worcester, and the Nuns of Berclea concerning the inheritance of Aethelfrick Son of Aethelmund, to wit the Monastery called West-Burgh, the Lands whereof, with the Books, the Bishop then had, as Aethelfrick had before commanded, that they should be restored to the Church of Worcester. This Bishop, with 50 Mass Priests, and 160 other Priests, Deacons, Monks and Abbots (whose names are recorded in the Manuscript) swore, that this Land and Monastery were impropriated to his possession and Church ; which Oath with all these fellow swearers, he was ordered to take at Westminster, and did it accordingly, after 30 nights respite. Whereupon, It was ordained and decreed by the Archbishop, & all the Council consenting with him; that the Bishop should enjoy the Monastery, Lands, and Books to him and his Church ; and so that suit was ended, and this Decree pronounced thereupon.

Then follows the Archbishops Subscription and confirmation in like words; with the subscriptions of sundry Bishops, Abbots, D • kes and Nobles, being 32 in number, all ratifying this D • cree.

An. 833. Egbert, King of West-Saxons, Athelwulfe his Son, Witlasius king of Mercians, both the Archbishops, Abbots, cum Proceribus majoribus totius Angliae, with the greatest Nobles of all England, were all assembled together at London (in a National Parliamentary Council) pro consilio c • piendo contra Danicos Pir • tas Littora Angliae assidne infestantes: to take Counsel what to do against the Danish Pirates, daily 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 gi • ts of Plate, Gold, Silver, Land, and the Privilege of a Sanctuary, for all offenders flying to it for shelter ; which grant could not be valid without a Parliamentary confirmation; for he being elected Ki • g, omnium consensu, after the slaughters of Bernulf and Ludican (two invading Tyrants cut off in a short time ; qui contra fa • purpuram induerent, & regno vehementet oppresso, totam militiam ejus, quae quondam plurima extiterat, & victoriosissima, sua imprudentia perdiderant, as Ingulphus writes) was enforced to hold his kingdom from Egbert king of West-Saxons under a Tribute. And thereupon conferring divers Lands by his Charter to this Abbey forever, 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 con • irmed in •• is 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 the • e present ; most of them subscribing and ratifying this Charter with the sign of the Cross, and their names.

About the year of Grace 838. there was a Parliamentary Counc •• held at Kingston, in which Egbert king of the West-Sa • ons, and his Son Aethelwulfe, Ceolnoth Archbishop of Canterbury, with the rest of the Bishops and Nobles of England were present. Amongst many things there acted and spoken, Archbishop Ceolnoth sh • wed before the whole Council, That the foresaid Kings Egbert and Ae • helwulfe had given to Christchurch the Manor called Malinges in Su •• ex, free from all secular service and Regal Tributes, excepting only these three, Expedi • ion, building of Bridge and Castle: which foresaid Manor and Lands King Baldred g • ve to Christchurch ; Sed quia ill 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 • heir Nobles assent) at the request of the said Archbishop, regranted and confirmed it to Christchurch ; with this Anathema annexed against the infringers of this grant, If any shall presume to violate it, on the behalf of God, and of us Kings, Bishops, Abbots, and all Christians, let him be separated from God, and let his portion be with the Devil and his Angols.

Polydor Virgil, records, that King Athelwulfe, in the year 847. going in pilgrimage to Rome, repaired the English School (there lately burned down) and in imitation of King Ina, made that part of his Kingdom which Egbert his Father had added, Tributary towards it; Legeque sancivit, and enacted by a Law (made in a Parliamentary Council) that those who received 30 pence rent every year out of their possessions, or had more houses, should pay for those houses they inhabited, every of them a pen • a piece to the Pop • (for the maintenance of this School) at the Feast of Peter and Paul, or at least of St. Peters bonds; which Law some (writes he) though falsely, ascribr to his Son Alfred; which act others refer to the years 855, or 857, and that more truly.

Abbot Ingulphus in his Hist. of the Abby of Croyland, records; that Bertulf usurping the Crown, by the treacherous murder of his Cosen St. Westan (tantâ ferebatur ad regnandum ambitione) passing by the Abbey of • royland, most wickedly and violently took away all the Jewels, Plate and ornaments of the Church, which his B • other Withlasius and other Kings had given to it; together with all • he money he could find in the Monastery; and hiring Soldiers therewith against the Danes, then wasting the Country about London, he was vanquished and put to flight by the Pagans ; Whereupon this King soon after, holding a great Council at Benningdon, An. 850. with the Prelates and Nobles of his whole Realm of Mercia there assembled (about the Danes invasions, how to rai • e forces and monies to resist them, as is most probable by our Historians. ) Abbot Siward, and the Monks of Croyland therein complained before them all, by Askillus their fellow Monk, of certain injuries maliciously do • e unto them by their Adversaries, who lying in wa • t in the uttermost banks of their Rivers, did seise upon their servants (being such as fled thither for Sanctuary) in case at any time they went out of their precincts never so little way (either to fish, or bring back their straggling Sheep, Oxen, or other Cattle) as infringers of their Sanctuary, and subjected them to the public Laws, to their cond • mnation and destruction; to the great damage of the Abbey, by the loss of their service ; Of which complaint, the King and all the Council being very sensible, and desirous to provide for the peace and quiet of the Abbey, and to declare and enlarge their Privileges ; The King thereupon commanded Radbott Sheriff of Lincoln, and the rest of his O • ficers in those parts, to go round about, describe and set forth the bounds of their Isle of Croyland, and of the Marishes thereunto belonging, and • aithfully and clearly to demonstrate them to him and his Council, wh • rever they should be, the last day of Easter next ensuing ; Who fulfilling his command, openly presented an exact description of their Boundaries to the King and his Council, (which bounds are recited at large in Ingulphus, ) keeping their Easter at Kingsbury.

Anno 851. Whereupon the king in this Parliamentary Council at Kingsbury, in H • bdomada Paschae, pro Regni negotiis congregati; In Recompensationem tamen aliquam pecuniae direptae; to make some kind of Recompence of the Money he had formerly taken from the Abbey, by the Common Council of his whole Realm, by his Charter made and ratified in this Council (wherein he makes this recital touching this money, as if they had freely lent it to him in his necessities; though the Historian relates, he took it away by fo • c • :

That the bou • ds of their Sanctuary and liberties should extend 20 foot in breadth beyond the farthest banks of their grounds compassing their Island; And 20 foot from the water itself; where ever their fugitive servants should ascend, to draw their nets, or do their other necessary businesses; and that this Sanctuary for fugitives should extend to all the Marishes where they had Common for their Cattle; and that if their Cattle through tempest, theft, or other misfor • une, strayed beyond these limits into the fields adjoining, their fugitive servants might pursue and fetch them back thence, without any seisure or danger ; After which, he confirmed all the Lands and privileges formerly granted to this Abbey, by Kings, Earls, or other persons, particularly recited in this Charter; which was made & granted by the common consent, sent and advice of this whole Parl. Council, & of the Bishops and Nobles of the Realm, as these Clauses in the Charter abundantly attest. After which the Archbishop of Canterbury, with other Bishops, 3 Abbots, 2 Dukes, 3 Earls, with O • lat Ambassador of King Ethelwulf and his Sons, in their Names, and the Name of the West-Saxons, subscribed and ratified this Charter, affixing the sign of the Cross, and their names thereto, as you may read at large in Ingulphus.

That this Parliamentary Council, and the former at Beningdon were principally summoned for the defense of the Realm against the invading Danes, who then incessantly molested it; and that this was the chief of those Regni negotiis for which they were assembled, is evident by this public prayer of the Kings, then subscribed under this Charter.

After which Ingulphus subjoins this Monkish miracle, relating the order of the proceedings in this Council, the sole end for which I cite it.

and when as the busine •• es of • he Realm were to be proposed, Lord Celnoth Archbishop of Cant • rbury, who was vexed with this disease, openly counseled; Divina negotia deberi primitus proponi, & sic humana negotia Christi suffragante gratia, finem prosperum posse • ortiri; Assentientibus universis, &c. That D • vine businesses ought first of all to be proposed, and so human business, through the suffrage of Christ's grace, might obtain a prosperous end. All assenting thereunto, when Lord Siward, then Abbot of Croyland was inquired for; because in Councils and Synods for his great eloquence and holy Religion, he had been, as it were, a divine interpreter for many years, and the most gracious Expositor and Promotor of innumerable businesses of the whole Clergy; who by reason of his great old age, was not present; but by Frier Askillus, his fellow Monk, he excused his absence with a most humble Letter, by the burden of his long old age; King Bertulph himself remembering the former complaint of the Church of Croyland, open • y related before the Council, the Injuries frequently done to the Lord Abbot Siward, and to his Monastery of Croyland, by the foolish fury of their Adversaries; and commanded, that Remedy should be provided and Decreed by common advice. When as therefore this business was in agitation amongst them, & Petitio Domini Siwardi, (the first Petition I meet with of this Nature to and in our Par • iamentary Councils) and the Petition of the Lord Abbot Siward concern • ng the same, delivered by the foresaid Frier Askillus, had run from hand to hand of the Prelates and Nobles of the whole Council, and one advised one thing, another another: Lord Ceolnoth Archbishop of Canterbury cried out with a loud voice, that he was healed of his disease, and perfectly recovered by the merits of the most holy Confessor of Christ, most blessed Guthlac, whose businesses were then handling in their hands: likewise many other most potent men in the said Council cried out, as well Prelates as Nobles, that they had been sick of that disease, but now by God's Grace, and the merits of most holy Guthlac, they felt no pain in any of their Members, through the said malady: And all of them presently bound their Consciences with a most strict vow, to visit the most sacred Tomb of most holy Guthlac at Croyland with devout pilgrimage, so soon as they could. Wherefore our Lord King Bertulf, commanded the Bishop of London (who was then accounted the best Notary, and most eloquent speaker, who being moreover touched with the same disease, now predicated, with greatest joy, that he was healed ) to t • ke the Privileges of Croyland into his hands, and that he should insist to honor his Physicitian S. Guthlac with his hand writing, prout consilium statueret, as the Council should ordain; which also was done ; Therefore in the Subscriptions of the Kings Charter (afore-mentioned) the Archbishop of Canterbury, Ceolnoth, confesseth himself whole and sound : St. Swithin Bishop of Winchester, rejoiceth concerning the Lord's Miracles. Alstan Bishop of Sherburn, and Orkenwald of Lichenfeld, give thanks for the successes of the Church ; and Rethunus Bishop of Leicester, professeth himself a Servant to St. Guthlac so long as he lived : Uuniversique Concilii Optimates, And all the Nobles of the Council, with a most ardent affection, yielded obedience to the Kings benevolent affection towards St. Guthlac In all things.

From all which precedent passages in these two Councils, it is apparent.

First, That the Parliamentary Councils of that Age, consisted only of the King, spiritual and temporal Lord's and Peers, without any Knights of Shires, or Burgesses, of which we find no mention in this, or any other former or succeeding Councils, in the Saxons times; though sometimes Wise-men of inferior quality, both of the Clergy and Laity, were particularly summoned to them, without any popular election, by the Kings special direction, for their advice.

2ly. That all Divine and Ecclesiastical matters, touching God, Religion, and the Church, and all affairs of the Realm of public concernment, relating to war or peace, were debated, consulted of, & settled in Parliamentary Councils. 3ly. That the businesses of God and the Church, were therein usually first debated and settled, before the affairs of the kingdom, of which they ought to have precedency. 4ly. That all private grievances, injuries and oppressions done by the King, his Officers, or other private persons, to the Church, or other men, were usually complained of, and redressed in Parliamentary Councils, by the advice and judgment of the King and Peers; and that either upon the parties Petition, setting forth his grievances, or a relation made thereof by the King, or some other Prelate or Nobleman, before the whole Council. 5ly. That what could not be redressed in one great Council, was in the next succeeding Council revived and redressed, according to the merits of the cause. 6ly. That no Peer nor Member of the great Council might absent himself in those times, but upon just and lawful excuse, which he ought humbly to signify to the King and Council by a special Messenger, and Letter, as Abbot Siward did here. 7ly. That all Members of the Council had free liberty of Debate and Vote, in all businesses complained of, or proposed • o them; and a negative, as well as an affirmative voice. 8ly. That all businesses then were propounded and debated before all the Council, and resolved by them all, not in private Committees. 9ly. That our Kings in those days, in Cases of necessity, could not lawfully • eise their subjects monies and plate against their wills, to raise Soldiers to resist invading foreign Enemies, but only borrow them by their free consents, and held themselves bound to restore or recompense the monies lent or taken by them in such exigencies, with thankful acknowledgment. 10. That our Kings in that age, could not grant away their Crown lands, create or enlarge Sanctuary • , or exempt any Abbeys from Taxes and public payments, or impose any public Taxes on their Subjects, but by Charters, or grants made and ratified in and by their great Councils.

Anno 854. King Aethelulf gave the tenth part of his Realm to God and his Saints, free from all secular services, exactions and Tributes, by this Charter, made and confirmed, by the advice and free assent of all the Bishops and Nobles throughout the Realm then assembled in a Great Council, to oppose the invading plundering Danes.

The Copies in our Historians vary in some expressions, and in the date of this Charter; some placing it in Anno 855. others Anno 865. This Charter, as Ingulphus records, was made at Winchester, Novemb. 3. Anno. 855. praesentibus & subscribentibus Archiepiscopis Angliae universis, nec non Burredo, Merciae, & Edmundi East-Anglorum rege, Abbatum, & Abbatissarum Ducum, Comitum, Procerumque totius terrae, aliorum{que} fidelium infinita multitudine. Dignitates vero sua nomina subscripserunt. After which, for a greater Confirmation the King offered the Written Charter up to God upon the Altar of St. Peter, where the Bishops received it, and after sent it into all their Dioceses to be published : and hereupon the Bishops of Sherburne and Winchester, with the Abbots and religious persons, on whom the said benefits were bestowed, decreed, That on every Wednesday, in every Church, all the Friers and Nuns should sing 50 Psalms, and every Priest 2 Masses; one for the King, and another for his Captains, It is observable, first, That the Parliamentary Council wherein this Charter was made and ratified by common consent, and this exemption and tenth granted, was principally called to resist the invading plundering Danes. 2ly. That this King and Council, in those times of Invasion and necessi • y, were so far from taking away the Lands and Tithes of the Church, for defense of the Realm, or from imposing new unn • ual Taxes and Contributions on the Clergy for that end, that they granted them more Lands and Tithes than formerly, and exempted them from all former ordinary Taxes and Contributions, that they might more cheerfully and frequently pour • or • h prayers to God for them, as the best means of defense and security, against these foreign invading enemies.

Mr. Selden recites another Charter of this King of the same year (different from it in month and place) out of the Chartularies of Abbington Abbey, to the same effect, made by Parliamentary consent of that time, & per consilium sa • ubre cum Episcopis, Comi • ibus, ac cunct • s Optimatibus meis, which Char • er is s • bscribed by this King and his two Sons, with some Bishops and Abbots ; ratified with their signs of the Cross, and this annexed curse, Si quis vero minuere velmutare nostram donationem praesumpserit, noscat se ante tribunal Christi redditurum rationem, nisi prius satisfaction emendaverit, usual in such Charters.

Af • er which, this King going to Rome, carried Alfred his youngest Son thither with him (whom he most loved) to be educated by Pope Leo ; where continuing a year, he caused him to be crowned King by the Pope, and returning into his Country married Judith, the King of France his Daughter, bringing Alfred and her with him into England. In the Kings absence in foreign parts, Alstan Bishop of Sherburne, Eandulfe Earl of Somerset, and certain other Nobles making a Conspiracie with Ethelbald the Kings eldest Son, concluded, he should never be received into the Kingdom, upon his return from Rome, for two Causes: One, for that he had caused his youngest son Alfred, to be crowned King at Rome, excluding thereby, as it were, his eldest Son, and others from the Right of the Kingdom. Another, for that contemning all the w • men of England, he had married th • Da • gh • er of the Ki • g of Fra • ce • an alien et contra morem et Statuta Regum West-Saxonum, and against the use and Statu • es of the Kings of the West-Saxons, called Ju • ith, ( the King of France his Daughter, w • om he lately esp • used ) Queen, and caused her to sit by his side at the Table, as he • easted; For the West-Saxons permit • ed not the Kings Wife to sit by the King at the Table, nor yet • o be cal • ed Queen, but the Kings Wife : Which Infamy arose 〈◊〉 Eadburga, Daughter of King O • fa, Queen of the s • me Nat • on, who destroyed her Husband King Brithr •• ic with poison, and sitting by the King, was wont to accuse all • he Nobles of the Realm to him, who thereupon dep • ived them of l • fe or banished them the Realm • & whom she c • uld not accus • , she used to kill w • th poison: Therefore • for this mis-doing of the Q •• en: they all conjured and swore, that they would never permit a King to reign over them who should be guilty in the premises: W • e • eupon King Aethelulfe returning peaceably from Rome, his Son Aethelbald, with his Complices, attempted to bring their conceived wickedness to effect, in excluding him from his own Realm and Crown. But Almighty God would not permit it; for lest peradventure a more than civil war should arise betw •• n the Father and t • e Son, the Conspiracie of all the Bishops and Nobles ceased, though the King Clemency, who divided the Kingdom of the West-Saxons ( formerly undivided ) with his Son, so that the East pa • t of the Realm should go to his Son Ethelbald, and the West-part remain to the Father. And when tota Regni Nobiliras, all the Nobility of the Realm, and the whole Na • ion of the West-Saxons, would hav • fought for the King, thrust his Son (Ethelbald) from the right of the Kingdom, and 〈◊〉 him and his Complices out of the Realm, qui tantum facinus perpe • rare ausi sunt, & Regem à regno • rop • io re • ellerent (which Wigorniensis, Anno 855. •• le • Facinus, et inauditum omnibus saeculis ante infortunium ) if the Father would have permitted them to do it. He out of the nobleness of his mind, satisfi • d his Sons desire; so that where the Father ought to have reigned by the just judgment of God, there the obstin • te and wicked Son reigned. The King Aethelulfe before the death of Egbert his father, was ordained Bishop of Winchester, but his Father dying, he was made King by the Prelates • Nobles, and People, much against his will, cum non esset alius de Regio genere qui regnare debuisset, because there was none other of the Royal Race who ought to reign: Haeredibus aliis deficientibus, po •• modum necessitate compulsus, gubernacula Regni in se suscepit, as Brompton and others express it.

At his death (Anno 857.) he did by his will (lest his Sons should fall out between themselves after his decease) give the kingdom of Kent, with Sussex and Ess • x, to Ethelbert his second son, and left the kingdom of the West-Saxons to his eldest son Aethelbald ; then he devised certain sums of Money to his Daughter, Kindred, Nobles, and a constant annuity forever, for meat, d • ink, and cloths to one poor man or pilgrim, out of every 10 Hides of his Land, & 300 marks of money to be sent yearly to Rome, to be spent there in Oil for Lamps, & Alms: which sums I never find paid by his Successors, as he prescribed by his Will and Charter too, because not confirmed by his great Parliamentary Councils, of Prelates and Nobles, as his forcited Charter, and Peter-pence (likewise granted by him) were; upon this occasion (as some record) that he being in Rome, and seeing there outlawed men doing penance in bonds of Iron, purchased of the Pope, tha • Englishmen after that time should never out of their Country, do penance in Bonds.

About the year of our Lord 867. Osbrith King of Northumberland (as Brompton records) residing at York, as he returned from hunting, went into the house of one of his Nobles called Bruern Bocard ; to eat; who was then gone to the Sea-coasts, to defend it & the Ports against Thieves and Pirates, as he was accustomed ; His Lady being extraordinarily beautiful, entertained him very honorably at dinner; The K. enamored with her beauty, after dinner taking her by the hand, leads her into her Chamber, saying he would speak with her in private ; and there violently ravished her against her will: which done he presently returned to York, but the Lady abode at her house, weeping and lamenting the deeds of the King; whereby she lost her former color and beauty. Her Husband returning, and finding her in this sad condition, inquired the cause thereof; wherewi • h she fully ac • uainting him; he thereupon cheered her up with comfortable words, saying, that he would not love her the less for it, since her weakness was unable to resist the Kings power ; and vowed by God's assistance, speedily to avenge himself & her of the King, for this indignity. Whereupon, being a Noble and very potent man, of great Parentage, he called all his kinsmen, and the chief Nobles of his Family to him, with all speed, and acquainted them with this dishonor done to him by the king, saying, he would by all means be avenged thereof ; and by their Counsel and Consent, they went all together to York, to the king, who when he saw Bruern called him courteously to him; But he, guarded with his kindred and friends, presently defying the King, resigned up to him his Homage, Fealty, Lands, and what ever he held of him, saying, that he would never hold anything of him hereafter as of his Lord : And so without more words, or greater stay, instantly departed, and taking leave of his friends, went speedily into Denmark, and complained to Codrinus king thereof, of the Indignity done by King Osbrith to him and his Lady, imploring his aid and assistance, speedily to revenge it, he being extracted out of his Royal blood. The king and Danes hereupon, being exceeding glad that they had this induc • ng cause to invade England, presently gathered together a great Army to revenge this Injury done to Bruern, being of his Blood, appointing his two Brothers, Inguar and Hubba, most valiant Soldiers, to be their Generals ; who providing Ships and other Necessaries, transported an innumerable Army into England, and landed them in the Nothern parts ; This being the true Cause why the Danes at this time invaded England in this manner. In the mean time, the Parents, Kindred, and Friends of Bruern, expelled and rejected King Osbrith, for this • njury done to him and his Lady, r • fusing to hold their Lands of, or to obey him any longer as their Sovereign, and advanced one Ella to be King, though none of the Royal blood. Our other Historians, who mention not this fact of Osbrith, and occasion of these Danes arival to revenge it, write, that the Danes upon their Landing marched to the City of York, wasting all the Country before them with fire and Sword unto Tinmouth. At that time (they write) by the Devils instinct, there was a very great discord raised between the Northumberlanders, Sicut • emper populo qui odium incurrerit evenire solet: For the Northumberlanders at that time had expelled their lawful King Osbrith out of the Realm, and advanced one Ella, a Tyrant, not of the Royal blood, to the Regal Sovereignty of the Kingdom • By reason of which division, the Danes taking York, ran up and down the Country filling all places with blood and Grief, wasting and burning all the Churches and Monasteries far and near, leaving nothing standing but the Walls and ruins of thom; pillaging, depopulating, and laying waste the whole Country. In which great necessity and distress the Northumberlanders reconciling their two Kings, Osbrith and Ella, one to another, gathered a great Army together against the Danes; which their two Kings and • ight Earls marched with to York; where 〈…〉 long fight, with various success, both the said Kings with most of the Northumberlanders were all slain • A • ril 11. Anno 867. The City of York consumed with fire, and the whole Kingdom made tributary to the Danes: Simeon Dunelmensis relates, that both these kings had violently & sacrilegiously taken away certain Lands from S. Cuthberts Church in Durham, for Osbrit had by a sacrilegious attempt taken away Wircewood and Tillemouth; and Ella, Billingham, Heclif and Wigeclif & Creca from S. Cuthbert: tandem cum maximâ parte suorum ambo praefati Reges occubuerunt, & Injurias quas Ecclesiae sancti Cuthberti aliquando irrogaverant, vitâ privati, & regno persolverunt ; Which the Author of the History of St. Cuthbert, observes and records more largely, as a punishment of their sacrilegious Rapine: The Danes hereupon made Egbert king of Northumberland, as a Tributary and Viceroy under them: Sic Northumbria bellico jure obtenta barbarorum dominium multo post tempore pro conscientiâ libertatis Ingemuit, writes Malmesbury de Gestis Regum Angliae, l. 2. c. 3. p. 42.

These rebellious Northumberlanders about 7 years after, uno conspirantes consilio, expelled Egbert the Realm by unanimous consent, together with Archbishop Wilfer, making one Richius King in his Place ; the Danes both then and long after possessing and wasting their Country, and slaughtering them with fire and sword (as the Marginal Historians record) more than any other parts of the Island, by a just divine punishment for their manifold Treasons, Seditions, Factions, Rebellions against, and Murders of their Sovereigns.

In the year 868. a great Army of these victorious plundering Danes, marched out of the Kingdom of Northumberland to Nottingham, which they took, and there wintered; Whereupon Beorred (or Br • thread ) King of Mercians, omnesque ejusdem gentis Optimates, and all the Nobles of that Nation assembled together, Where the King, Consilium habuit cum suis Comitibus, & comilitonibus, & omni populo • i • i subjecto, Qualiter inimicos bellicâ virtute exuperaret • sive de Regno expelleret; held a Council with his Earls and fellow Soldiers, and all the people subject to him, how he might vanquish these Enemies with military power, or drive them out of the Realm : By whose advice, he sent Messengers to Ethel • ed King of the West-Saxons, and to his Brother Elfrid, humbly requesting them, that they would assist and join with him against the Danish Army; which they easily condescening to, gathered a very great Army together out of all parts, and joining all together with Beorred and his forces, marched to Nottingham, unanimously, with a a resolution to give the Danes battle; 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 in • o Northumberland, which they did; where their Army continued the whole year following, in & about York, debaccha • s & insaniens, occidens & perdens perolurimos viros & 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 ve • y 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 Islands, Marishes, Churches, Chapels, Manors, Mansions, Cottages, Woods, Lands, Meadows, (therein specified) to God and Saint Guthlac forever, Libera & Soluta, & emancipata ab omni onere • erreno, & servitio seculari, in Eleem • synam aeternam perpetuo possidendam. Which Charter hath •• is memorable exordium, expressing the motives inducing this King to grant it.

Then follow the subscriptions and confirmations of Ceolnoth Archbishop of Canterbury, 5 Bishops, 3 Abbots, Æthelred king of West-Saxons, and Alfred his Brother, Edmund king of 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.

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 foreign 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 an • • reely contributed in cases of incumbent great Danger and Necessity, without compulsion; for which their kings rendered 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 qui tunc primo insulam infestabant, Regis Aethelulfi saevitiam exacuit; Ipse ex fisco pecuniam accipiens, ipse excercitum componens, Martiis felix eventibus contra hosts bella plurima constanter peregit : receiving Money out of the Kings Exchequer (not the Peoples Purses or Contributions) to manage these Wars and not warring on his own expenses. 4ly. That the Nobles, Gentry, and People of the Realm, were the only standing Milit •• in that Age, to defend it against foreign 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 defense 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 necessi • y and danger (the practice of late and present times) Whereupon they granted and, confirmed this forecited Charter in the very Army during the siege of Nottingham, 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 coming into Kesteven in Lincoln-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 (under the Command of To •• us a Monk, formerly a Soldier) 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 with the Danes, and slew 3 of their Kings, with a great multitude of their forces. That night the other Danish Kings (dispersed abroad to pillage the Country) with a great booty & many captains, coming to the tents of their routed Companions, with a numerous Army, were enraged with the slaughter of their Confederates, in their absence: Whereupon most of the English secretly fled away from the Earl and their Captains in the night through fear : who early in the morning having heard divine Offices, and receiving the Sacrament, resolved not to retreat, but manfully to fight with the Danes (though not above 700 to their many thousands) being most ready to die for the defense of the faith of Christ and of their Country : Whereupon the Danes assailing them with great multitudes and fury, they all standing and fighting close together, valiantly sustained their assaults from morning till evening, without giving ground. Upon which the Danes to sever them, purposely feigned a Flight, and began to leave the Field • Hereupon the English, contrary to the commands of their Captains, dissolving their Ranks, and dispersing themselves to pursue the Danes, they suddenl • returned and slew most of the English, who fought gallantly with them to the last gasp, some few of them only escaping; After which the Danes marching to the Abby of Croyland, put the Abbot with all the Monks and Persons they there found (one Child excepted) to the Sword, after they had extremely tortured them to discover where their Treasures were ; broke up all the Tombs, pillaged and burnt the Abby, with all the Edifices thereof, leaving it a mere ruinous heap; then marching on, laying all the Country waste before them with fire and Sword, sparing neither person, age, nor sex, they cast down, burnt, destroyed, and levelled to the Ground the goodly Monasteries of Bradney, Peterborough, Huntingdon, Eli, with sundry others, murthering as well all the Monks as Nuns therein, which their merciless Swords, after they had first polluted them. To avoid whose barbarous rape, Ebba Abbess of Coldingham and her Nuns (by her example and persuasion) cut off their upper Lips, and Noses, to deform themselves to their lascivious eyes ; which bloody Spectacle preserved their Chastity from their Lust ; but not their Monastery or bodies from their Cruelty, they burning them and their Nunnery to Ashes.

After which, the same year Inguar and Hubba marched against St. Edmund, who in the year 855. was chosen King of the East-Saxons Ab omnibus Regionis illius magnatibus et populis, by all the Nobles • and People of that Realm (being sprung from the ancient Royal blood of the Saxons ) and compelled to take the Government on him much against his will, being then but 13 years old, and consecrated King by Bishop Humbert in the Royal Town called Bury. The reason of their malice to this King, (as some of our Historians write) was this, that he was maliciously accused to have murdered their Father Lothbroc, driven by a sudden storm in a small boat into England as he was hawking at Fowl, by this Kings Faulkoner: who having murdered himself out of mere malice, was by judgment of the Knights and Lawyers banished the Realm, and put alone into Lothbrocs Boat, without O • re or Sails for murthering him, and so sent to Sea; being driven in it into Denmark, to excuse himself, he maliciouslie accused the King of this Murder, to these his Sons; Who thereupon invaded England with an Army to revenge their Fathers death. And the Reason why they at this time so extraordinarily prevailed, a • d over-run the Land, was the Civil Discords; Wars, and Emulations amongst the Saxon kings ; who either out of Malice or Ambition to advance their own Dominion, or base unworthy fears, would rather induce these common Enemies to over-run them, than assist one another against them; which William of Malmesburie thus expresseth. Meminerit interea lector, quod interim Reges Merciorum et Northanimbrorum, captata occasion • dventus Danorum, quorum bellis Ethelredus i • sudabat, a servitio West-Saxonum respirantes, domina • ionem suam pene asseruerant. Ardebant ergo cunctae saevis popularibus provinciae, unusquisque Regum inimicos magis in suis sedibus sustinere, quam compatrio • is Laborantibus opem porrigere curabat: Ita dum maluit vindicare, quam praevenire injuriam, socordiâ suâ exanguem reddiderunt Patriam. Dani sine obstaculo succressere; dum et provincialibus timor incresceret, et proxima quaeq, victoria per additamentum Capti • orum, instrumentum sequentis fieret, &c. Northanimbri jamdud • m civilibus dissentionibus • luctuantes, adventante host correxerunt discordiam. Itaque Osbirthum Regem quem expulerant, in solium reforma • tes, magnosque moliti paratus, obviam proc • dunt; sed facile pulsi, infra Urbem Eboracum se includunt: quâ mox à victoribus succensâ, cum laxos crines effusior flamma produceret, tota depascens maenia, ipsi quo{que} conflagrati, patriam ossibus texêre suis, Mercii non semel obtriti, obsidatu miserias suas levaverunt. At vero Ethelredus multis laboribus infractus obiit: Orientalium Anglorum pagi, cum urbibus et vicis à praedonibus possessi; Rex eorum sanctus Edmundus, ab eisdem interemptust Anno Dominicae Incarnationis 870. 12 Calendas Decembris, temporaneae mortis compendio regnum emit aeternum.

The manner of King Edmunds Martyrdom Historians thus relate. An. 870. Hinguar King of the Danes invading King Edmunds Realm with a great Power sent a Messenger to King Edmund to demand the half of his Treasure and Wealth, and that he should hold his Realm under him; threatening otherwise to waste his Kingdom and extirpa • e him and his P • ople. Sed nimis fraudulenter Hinguar thesauros exigebat, qui Clementissimi Regis caput potius quam pecuntas sitiebat, writes Matthew Westminster. Where upon Bishop Humbe • t advising him to fly • rom the Danes (who approached with their forces towards him) to save his life, The King wish • ; Would to God that I might preserve the lives of my Subjects, for whom I desire to lay down my life; for this is my chi • fest wish, that I may not survive my faithful Subjects, and most dear friends, which this Cru • l Pirate hath th • evishly slain; neither will I stain my glory by sl • ght, who never yet sustained the reproaches of Wa • re. The Heavenly King also is my Witness, that no fear of the Barbarians shall separate me from the Love of Christ, whether living or dead. Then turning to the Messenger of Hinguar, he said, Thou art worthy to suffer the punishment of death, being w • t with the blood of my people; But imitating the example of my Christ, If it should so happen, I am not afraid willingly to die for them ; Return therefore speedily to thy Master, and carry my answers to him: Although thou takest away my Treasures and riches whi • h the Divine Clemency hath given me, by thy power; yet thou shalt never subject me to thy infidelity: for it is an honest thing to defend perpetual liberty, together with purity of Religion for which also, if there be need, we think it not unprofitable to die: Therefore, as thy proud cru • l • y hath begun, after the servants slaughter cut thou the Kings throat • because the King of Kings seeing these things, will translate me into Heaven, there to reign eternally. The Messenger departing, the King commanded his Soldiers to run to their Arms, a • firming • that it was a worthy thing to fight both for their Faith and Country, le • t they shou • d prove de • er • ers of their Realm, and betrayers of the people. And being encouraged by Bishop Humbert, his Nobles, and fellow Soldiers, he marched against the Enemy, and near Thedford fought a bloody battle with the Danes, from morning to night, the place being all died red with the blood of the slain. A • which grievo •• • ight King Edmund was much grieved, not only for the great slaughter of his own So • ldiors • ight • ing for their Country & native liberty, & the faith of Jesus Christ, & so alre • dy • rouned with M • rtyrdome : But likewise for the death of the Barbarous Infidels, sent down to Hell in great numbers; which he overmuch lamented. After which battle, retiring to Hegelsdun with his forces that were left, he immutably resolved in his mind, never to fight battle with the Enemies more. saying only this; that it was necessary that he alone should die for the People, and not the whole Nation perish. Soon after Hinguars Army being recruted by the access of Hubba to him, with ten thousand men, he marched to Hegelsdun, and surrounded it, that none might escape thence; Whereupon King Edmund flying to the Church, and casting down his temporal Arms, humbly prayed the Father, Son, and Holy Ghost to give him constancy in his passion : Then the Danish Soldiers seising on him, brought him from the Church before Hinguar, by whose command he was tied to a tree hard by, cruelly whipped a long time, then shot through with Darts, wherewith his Body was stuck full; after which, being taken from the tree, his Head was cut off from his Body, with a bloody sword by the Barbarous Executioner appointed for that purpose; and so he died a most glorious Martyr for his Kingdom, Country, Subjects, and Religion : to whose memory a famous Monastery was after built; Of which William of Malmesbury de Gestis Regum, l. 2. c. 13. p. 89. gives this Relation;

Whiles the Danes were thus wasting the Kingdoms of Northumberland and the East-Saxons with Fier and Sword, and martyring King Edmund Beorred king of Mercians was bu •• ed in warring against the Britain's, who infested the Western parts of his Realm: But hearing the Danes had invaded the Eastern part of his Kingdom, he came to London, and gathering a great Army • ogether, marching wi • h i • through the Eastern quarters of his Realm, he applied the whole Isle of Eli to his Exchequor, taking into his hands all the lands formerly b • longing to the Monastery o • Medehamsted, lying between Stamford, Huntindon and Wisebeck, assigning the Lands more remote, lying scattered through the Country, to his Soldiers • The like he did with the Lands of the Monastery of St. Pega of Rikirk; retaining certain of th • m to himself, and giving some of them to his Soldiers. And the like did he with the Lands of all other Monasteries, destroyed totally by the Danes: whose Lands by Law esch • ated to the Crown, and those Lord's, whose predece •• ors found • and endowed • hem, by the slaughter and chasing away of all the Monks & Nuns & burning of the Monasteries; whose Lands thereupon were re • umed and confi • cated to the Kings Exchequer: Et cum caetera Monasteria per Danorum fe • ocitatem funditus destructa, Regali fisco fuerant ascripta, denuo et assumpta, omnibus Monachis eoru • necatis, perditis, seu penitus fugatis, as Ingulphus informs us of the Rea • on; yet many of the Monks of Croyland escaping the Danes fury, and returning soon after thither again, electing a new Abbot, and repairing their Monastery by degrees, as well as that exigency would permit, thereupon they enjoyed the sight of the whole Abby, and the Isle of Croylan • , with the self same Liberties and Privileges they had from the b • ginning, dischardged from all secular services, during all the time of this their desolation, & the Danish wars, till the time of its restoration ; & after that till Ingulphus time, as he records. Nothwithstanding, because many of the Monks were slain, and the Abby burnt down & demolished by the Danes, King • eorred thereupon seised some of their lands into his own hands, & gave other of their Lands more remote from the Abby to his stipendiary Soldiers.

And although venerable Abbot Godric, took very much pains, frequently demanding restitution of them both from King Beorred & his Soldiers, and very of • en shown the Charters of the Donors, & the confirmations of fo • mer Kings, together with, his own proper Charter, to this Kings, yet he received always nothing but empty words, from & him them: whereupon he at last utterly despaired of their restitution. Perceiving therefore the overmuch malice of the times, et Militiam Regis Terrarum cupidissimam, and the Kings Militia, and Soldiers most covetous of Lands, he resolved with himself in conclusion to pass by these Royal Donations Surdo Tempore • in a deaf time; being over-glad & rejoicing, that the Kings grace had granted the whole Island lying round about the Monastery unto it, free and discharged from all Regal exactions, much more specially to him then at that time, which had not happened to many oth • r Monasteries. There departed therefore at that time from the Monastery of Croyland these possessions which never returned to this present day: The Manor of Spalding given to Earl Adelwu • fe, with all its appurtinances: The Manor of Deeping given to Lang • er a Knight, (or Soldier) and the Kings Baker, with all its appurtenances; The Manor of Croxton given to Fernod a Knight (or Soldier) the Kings Ensign-bearer, with all its appurtenances; The Manors of Kerketon and Kimerby in Lindesy, with all their appurtenances, given to Earl Turgot; but Bukenhale and Halington, then appropriated to the Exchequer, were afterwards restored to the said Monastery by the Industry of Turketulus Abbot of Croyland; and the gift of most pious King Edred, the Restorer of them • with 12 other Manors (named by Ingulf. ) belonging to Croyland; quas Rex Beorredus Fisco suo a • sumserat, Which King Beorred had then assumed in his Exchequor. After which K. Beorred passing with his Army into Lindesey, Latissimas Terras Mon • sterio Bardney ( totally ruined by the Danes) Dudum Pertinentes • isco suo accepit, remotas vero in diversis patri • s divisas • acentes, Militibus suis dedit. But mark the issue. At last the Danes returning into Mercia Anno 874. wasting and spoiling all the Country with fire and sword, and destroying all Churches and Monasteries, King Beorred, when he beheld all the Land of England, in every corner thereof, wasted with the slaughters and rapines of these Barbarians, vel de victoriâ desperans, vel • ot laborum Labyrinthum fastidiens, either despairing of victory, or loathing the labyrinth of so many troubles, left the Kingdom, and went to Rome, where he died few days after, and was there buried in the English School, and his Wife following after him, died in her way to Rome; Some write, he was driven out of his kingdom by the Danes.

Hereupon the Danes, Anno 874. substituted in his place in the Realm of Mercia, one Ceolwulfus, a servant of King Beorreds, an Englishman by Nation, sed Barbarus impietate ; but a Barbarian in impiety. For he swore fealty, and gave pledges to the Danes, Quod tributa imposita eis • ideliter persolveret, that he would faithfully pay unto them the Tributes they imposed, and that whensoever they would redemand the Kingdom committed to him, He would resign it without any Resistance, under pain of losing his Head. Whereupon he (as Ingulphus records) going round about the Land, paucos Rusticos relictos excoriavit, Mercatores absorbuit, Viduas & Orphanos oppressit, religiosos omnes tanquam conscios thesaurorum innumeris tormentis afflixit; plucked o • f the Skins of the few Countrymen that were left; swallowed up the Merchants, oppressed the Widows and Orphans, and afflicted all Religious Persons, as conscious of hid • en Treasures, with innumerable torments: whence amongst very many evils he did, Impoposing a Tribute of a thousand pounds u • on Godric, the venerable Abbot of Croyland, and his miserable Freers, he almost undid the Monastery of Croyland.

And the Kingdom also of the Mercians at this very time, (King Alfred prevailing against the Danes ) was united to the Kingdom o • the West-Saxons, and remained so united ever after, when it had continued a Kingdom from the first year of Penda (the first King thereof) to the last times of this miserable Viceroy Ceolwulph, about 230 years: Of which Kingdom William of Malmesbury thus concludes; Ita Principatus Merciorum, qui per tumidam gentilis viri insaniam subitó efsloruit, tunc per miseram semiviri ignaviam omninó emarcuit, Anno Dom. 875. though Speed post-dates its period in the year 886. Whence it is observable, that unjust Rapines, Taxes, Oppressions speedily & suddenly destroy both Kings and Kingdoms.

The next year following Anno 876. Halden king of the Danes, seising upon the seditions kingdom of Northumberland, sibi eam, suis{que} Ministris distr • buit, illam{que} ab exercitu suo coli fecit auobus Annis ; totally dispossessing the seditious, murderous Northumberlanders thereof; who but a little before had expelled both their King and Archbishop out of their Realm. This Halden and his Soldiers miserably wasted and destroyed the Churches of God in those parts, for which the wrath of God suddenly f • ll upon Halden; who was not only struck with madness of mind, but with such a most loathsome disease in his body, which much tormented him, that the intolerable stink t • ereof made him so odious & loathsome to • is whole Army, that being contemned and cast out by them all, he fled away from Tine, only with three Ships, and soon after perished with all his Plundering, Sacrilegious Followers ; The Danes elected Guthred king in his stead, possessing this seditions Realm of Northumberland till di • posse •• ed of it by king Edmund An. 944. who then annexed it to his kingdom.

Our Noble Saxon King Alfred the first anointed king of England, (as glorious for his most excellent Laws, transcendent Justice and civil Government, as for his Martial Exploits, Victories; and for his incomparable Piety and extraordinary bounty to the Clergy and Learned men) coming to the Crown Anno Dom. 87 • , in the years 873, 874, and sundry years following, by common consent of his Wise men, commanded long Ships and Gallies to be built, throughout the Realm, and furnished with Mariners, to guard the Seas and eucounter the Danish Ships and Pirates, which then infested and wasted the Realm, from time to time : whose forces he often encountered, as well by Sea as by Land, with various success. At last having obtained the Monarchy of all England, and received their Homages and Oaths of Fealty to him, he appointed special Guardians to guard the Seas and Sea-costs in all places; Whereby he very much freed the Land from the Danes devast • tions. Abou • the year 887. (even in the midst of his wars, when Laws use to be silent) he compiled a body of Ecclesiastical and Canon Laws out of the sacred Scriptures, and t • e Laws which his pious predecessors, Ina, Of • a, and Ethelbert had religiously made and observed; antiquating some of them, retaining, reforming others of them, and adding some new Laws of his own, by the advice and counsel of his wisemen, & of the most prudent of his Subjects; the observation of which Laws was enjoined by the consent of them all. Wherein certain fines and penalties were prescribed for most particular offenses, which might not be all • ered or exce • ded : Amongst other Laws, (as Andrew Horn, and others record) this King and his Wisemen ordained: That a Parliament twice every year, and oftener in time of Peace, should be called together at London, that therein they might make Laws and Ordinances to keep the People of God from sin, that they might live in peac • , and receive right and Justice by certain customs and Holy Judgments ; and not be ruled in an arbitrary manner, but by stable known Laws.

And it was then agreed • that the King should have the Sovereignty of all the Land unto the midst of the Sea invironing the Land, as belonging of Right to the Sovereign Jurisdiction of the Crown.

And amongst many other m • morable acts of his Ju •• ice, as he frequently examined the Judgments and Proceedings of his Judges and Justices, severely checking them when they gave any illegal Judgment against Law and Right, merely out of Ignorance, of which they were to purge themselves by Oath, that they could judge no better: so he severely punished them when they thus offended out of Corruption, Partiality and Malice. Andrew Hor • in his Mirrour of Justices records, That he hanged up no less than 44 of his Judges and Justices in one year, as Murderers and Capital Offenders, princicipally, for their false Judgments, in condemning and executing sundry of his people against Law, without any lawful trial by their Peers, or Uerdict and Judgment by a sworn Jury; or upon in sufficient evidence, or for Crimes not Capital by the Laws. The names of these Judges with their several offenses, you may read at large in Horn. Had those pretended Judges of a ne • edition, who of late arraigned, condemned, executed the King, Nobles, Gentlemen and Freemen of England in strange new arbitrary Courts of high Justice, without any legal Indictment and Trial by a sworn Jury of their peers; and many of them, for offenses not Capital by any known Laws or Statutes of the Realm, and upon very slender evidence, lived in this Just Kings reign, they might justly fear he would have hanged them all up, as Murderers and Capital Malefactors, as well as these 44 Judges, not altogether so peccant in this kind as they: this form of trial by sworn Juries of their Peers then in use, being since confirmed by the Great Charters of King John and King Henry the 3, some hundreds of subs • quent Statutes, and the Pe • i • ion of Right not known in Alfred's days.

I find in the Pr • face to King Alfred's Laws (of which Laws Abbot Æthelred gives this • rue encomium, Leges Christianissimas & scripsit, & promulgavit, in quibus fides ejus et devotio in deum, sollici • udo in subdito • , misericordia in paupers, Iusticia ci • ca om • es cunctis legentibus pate • ) this observable passage: That the Apostles & elders assembled in a Synod at Jerusalem, Acts 15. in their Epistle to the Churches of the Gentiles, to abstain from things offered unto Idols; added this Summary of all Laws : And what ye would not to be done to yourselves, that do ye not to others: from which one precept it sufficiently appeareth, unicuique ex aequo jus esse reddendum; that right or Law is of Justice to be rendered to everyone; neither will there be need of any other Law or Law-book whatsoever, i • he who sits Judge upon others, shall only remember this, that he would not himself should pronounce any other sentence against others than what he would should be pas • ed against himself in their Case. But when the Gospel was propagated, many Nations, and amongst them the English, embraced the faith of God's word, there were then held some Assemblies and Councils of Bishops, and other most illustrious Wise men, throughout the World, and likewise in E • gland: and these being thoroughly instructed by God's mercy, d • d now first of all, Impose a pecuniary Mulct upon Offenders; and without any Divine Offence, delegated the Office of exacting it to Magistrates, leave being first granted : Only on a Traitor and Deser • er of his Lord (or King) they decreed, that this Milder punishment (by pecuniary Mulcts) was not to be in • licted: because they thought just, that such a man was not at all to be spared; both because God would have Contemners of him unworthy of all mercy, and likewise because Christ did not at all compassionate them who put him to death, but appointed the King to be honored above all others: These therefore in many Councils singulorum scelerum paenas constituerun • ordained the punishments of every kind of offenses, and commit ••• them to writing.

From whence it is apparent, First, That all capital, coporal, and pecuniary Mulcts and penalties for any civil or Ecclesiastical offenses whatsoever, inflicted on the Subjects of this Realm, in that and all former ages since they embraced the Gospel, were only such as were particularly defined and prescribed by their Parliamentary Councils, and the Laws therein enacted, and not left arbitrary to the King, Judges, or Magistrates, as it appears by • he forecited passages of Beda, Malmesbury, Huntindon and Brompton concerning King Ethelberts Laws, part 2. p. 50. by the Laws of King Ina, Lex 2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 21, 22, 25, 26, 27, 30, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 46, 47, 48, 49, 54, 57, 58, 64, 73, 75, 76, 80. & more specially by the Laws of King Alfred himself, Lex 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 17, 20, 21, 24, 25, 26, 27, 28, 29, 30 • 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 44, 45, 46, 48, 51. with the Laws of our other Saxon kings, prescribing par • icular fines, pecuniary, corporal and capital punishments for all sorts of offenses and injuries, to avoid all arbitrary proceedings and censures in such Cases, 2ly. That no imprisonment Corporal, Capital, or pecuniary Mulcts, or punishments whatsoever, justly might, or legally ought to be then inflicted upon any Malefactors or Trespassers whatsoever, but when, where, and for such offenses only, as the known Parliamentary and common Laws then in force, particularly warranted and prescribed: which penalties and Laws could not be altered nor abrogated, but by Parliamentary Councils only. 3ly. That Common right and Justice, were then to be equally dispensed to all men, by our Kings, Judges, and other Magist • ates, according to the Laws then established, in such sort as they would have them administered to themselves in the like Ca • es. 4ly. That • ilfull Traitors and Deserters of their lawful Lord's & Sovereigns, were not to be spared or pardoned by • he Laws of God or Men, nor yet punished only with fines, but put to death without Mercy: W • e • ce • his Law was then enacted by king Alfred and his Wisemen. Lex 4. Si • uis vel • er • e ve • suscep • am vel suspectam • e • sonam De morte Regis tractet, vitae suae reus sit, et omnium quae habebit, and • f any fought or drew any weapon in the Kings house, and was apprehended, sit in arbitrio Regis, sit vita, sit mors, sicu • ei condonare voluerit, Lex 8. because it might endanger the kings person.

This king Alfred made two special Laws for securing even Leets, and Inferior Courts of Justice from armed violence and distu • bances by fighting, which I shall recite.

Lex 41. Si quis coram Aldermanno Regis pugnet. In publico, emendet Weram & Witam sicut rectum sit, & supra hoc CXX • . ad Witam.

Lex 42. Si quis Folemot id est populi placitum. Armorum exercitione turbabit, emendet Aldermanno CXX s. Witae, id est foris factu • ae.

What Fines and punishments then do they deserve, who not only fight before, and disturb Aldermen and Leets with their Arms, but even disturb, fight, and use their Arms against our Aldermen themselves, yea, all the Aldermen, Peers • and Great men of the Realm, assembled in the highest, greatest Parliamentary Councils, and over-awe, impri • on, secure, seclude, and forcibly dissolve them at their pleasures? as some of late times have done, beyond all former Presidents.

During the reign of this Noble king Alfred, Gythro the Dane, (sometimes styled Godrin, or Guthurn ) Anno 878. with an invincible Army running over all the Coa •• s of England, wa •• ing the Country, and depopulating all sac • ed places wheresoe • er he came, quicquid in auro et argento rapere potest, Militib • s erogavit, and • e ••• ng upon loca quaeque m • nita, • or • ed • ing Alfred (being so dis • ress • d • hat he knew not what to do, nor w • ither to turn himself) to r • tire and save himsel • in the Isle Aethelingie, for a sea • on; • ill recollecting his scattered Subj • cts and Forces together, he vanquished Gi • hro and his Army in a set battle at Et • end •• e, and then besieging him and his remaining forces • 5 days in a Castle, to which they sled, come • elled th • m by Famine and the Sword, to make peace with • im upon this Condition; ut Regni et Regis infestationem perpetuo abjurarent; That they should perp • tually abjure the infesting of the King and Realm, and th • t they should • u • n Christians : which they accordingly performed, Githro, with 30 of the choicest men in his A • my being baptized at Alve, 15 days after, king Alfred being their Godfather, and giving him the name of Aethelstane. After which Alfred feasting him an • his Captains 12 days in his Court, gave Githro Eastengland to inhabit, wherein king Edmund reigned, to be held of and under him : Whereupon Githro and his Danes An. 879. leaving Cirencenster marched into the East parts of England, which he divided amongst his Soldiers, who then began to inhabit it by Alfred's donation.

U • on this accord, or some time a • ter, King Alfre and Gythro, by the Common consent of their Great Councils and wise men, made and enacted certain civil and Ecclesiastical Laws, for the government of their People and Realms, recorded in Brompton, Lambert • and Spelman, where those who please may pernse them: the Prologue and 2 first Laws whereof, I shall only recite, as both pertinent to my purpose, and seasonable for our times, much opposing the Magistrates coercive power in matters relating to God and Religion.

Cap. 1. Inp • imis est, ut unum Deum diligere velint, et omni Paganismo sedulo renunciare: et instituerunt secularem Iustitiam, pro eo quod sciebant, quod non poterant multos ali • er castigare: plures ve • o Nolebant ad Dei cultum sicut deberent ali • e • Inclinari • et secularem emendationem instituerunt, communem Christo, et Regi, ubicunque Recusabitur Lex Dei juste servari secundum dictionem Epis • opi. Et hoc est primum edictum Ecclesiae, Pax intra parietes suos, ut Regis Handgri • h, semper inconvulsa permaneat.

Cap. 2. Siquis Christanitatem suam male mutat, vel Paganismum veneretur verbis vel operibus, reddat sic Weram, sic Witam, sic Lashlyte, secundum quod factum sit : that is, Let him be fined, and ransomed according to the quality of his off • nce.

This Noble King Alfred (who fought no less than 46 bloody Battels with the Danes by Land and Sea for his Countries Liberties) Although he was involved in perpetual Wars and Troubles wi • h the Danish Invaders all his days, as our Hi •• orians and this his Epitaph Demonstrates,

Yet these things are remarkable in him. 1. That he most exactly and justly governed his people by and according to his and his Predecessors kn • wn Laws, in the midst of all • is Wars ; not by the harsh Laws of Conquest and the largest Sword. 2. That he advanced Learning and all sorts of Learned Men, erecting Schools of Learning, and the famous University of Oxford; which he founded, or at least refounded when decayed, in the heat of all his Wars and Troubles. 3. That he was so far from spoiling the Church and Churchmen, or any other his Subjects of their Lan • s, Tithes or Revenues to maintain his perpetual Wars against the impious Pagan Danes, who destroyed all Churches, and Religious, as well as other Houses, where ever they came; that he not only repared, adorned, endowed many old de • ayed Churches and Monasteries, but likewise in the year • 88, he built two new Monasteries of his own, at Ethelingei and Shafftesbury, and endowed them with ample riches and possessions ; and by sundry Charters gave several Lands to the Churches of Durham, Worcester, and Canterbury. Moreover he not only duly paid Tithes and other Duties to the Church himself, but also by his Laws, enjoined all his Subjects under sundry mulcts, justly to pay Tithes and Churchels to their Priests and Ministers, with all other Duites and Oblations belonging to the Church for the maintenance of the Ministers and God's worship : together with Peterpence for the maintenance of the English School at Rome; prohibiting all men to invade the Churches Rights and Possessions under severe penalties. 4.

And we never read he imposed the least public Tax upon his Subjects during all his wars and Exigences, by his own Regal Power, upon any pretext of public Necessity, Danger, Defense or Safety of the Realm against the Numerous Invading, plundering Danish forces both by Sea and Land; Which our late and present Egyptian Tax-masters may do well to consider.

In the year of our Lord 894. this King Alfred and Guthurn the Dane, gave to the Church of St. Cutbert in Durham, all the Lands between Weor and Tyne, for a perpetual Succession, free from all Custom and secular Services, with all Customs, Saca, and Socua, and infaugtheof thereunto belonging, with sundry other Privileges, which they ordained to be perpetually observed, Non solum Anglorum sed et Danorum consentiente et collaudante exercitu; by the consent and approbation of the ARMY, not only of the English but Danes also: Has Leges & haec Statuta (which proves that it was done by a Parliamentary Counsel then held in both their Armies,) Quicunque quolibet nisu Infringere praesumpserint, eos in perpetuum, nisi emendaverint, Gehennae Ignibus puniendos, anathematizando, Sententia omnium contradidit.

I pretermit the Welsh Synods held under the Bishops of Landaff during King Alfred's Reign (as Sir Henry Spelman conjecture • , in whom th • Reader may peruse them) wherein the Bishop of Landaff and his Clergy excommunicated some of their petty Welsh Kings for Murder, Perjury, violating the Churches Patrimony ; and Injuring the Bishops family ; who upon their Repentance and Reconciliation gave all of them some parcels of Land to the Church of Landaff. The rather because I conceive them fabulous, there being no such form of Excommunication used in those days, as Sir Henry Spelman proves, nor any such Episcopal Synods held in England under King Alfred himself.

as this King himself records in express terms, in his Epistle to Bishop Wulsug, by way of Preface to his own Translation of Gregory's Pastorals into the English Saxons Language.

King Alfred deceasing, his Son Edward surnamed the Elder, succeeding his Father in the year of Christ 901, thereupon Prince Aethelwald his Uncles Son, aspiring to the Crown without the consent of the King and Nobles of the Realm, seised upon Oxlie and Winburne : whereupon King Edward marching with his Army against him to Bath, he fled from Winburne to the Danes in Northumberland for assistance: who being glad thereof, they all make him King and Prince over all their Kings and Captains: Whereupon they invading Essex and Mercia, King Ed. raised a great Army, chased them into Northumberland, and harrowed the whole Country to the Lakes of Northumberland ; where the Kentishmen remaining (contrary to the Kings Command, and Messengers sent to them) after the retreat of the rest of the Army; The Danish Army upon this advantage setting upon them, they gallantly defending themselves, slew their new King Aethelwald, with King Eorit, and sundry of their chief Commanders, and many of their Soldiers, though they lost the field. This King and Edelfled his Sister, Queen of Mercians, to prevent the frequent eruptions, plunders the Danes, repaired many old ruinated Towns, and built many new ones in convenient places, which they replenished with Soldiers, to protect the Inhabitants and repel the Enemies, whereby the Common people we • e so encouraged, and became such good Soldiers, that if they heard of the Enemies approach, they would fight and rout them, Rege etiam & Ducibus inconsultis in certamen ruerent, eisque semper numero & scientia praeliandi prae •• arent, it a hosts contemp • ni militibus, Regi risui erant, as Malmesbury writes. The Country people themselves sighting with the Danes at Ligetune, put them to flight, recovered all the prey they had taken • and likewise the Danes Horses, as they likewise did in some other parts. Amongst other places, this King repaired the walls of Colchester, put warlike men in it, & certum eis stipendium assignavit ; and assigned them a certain stipend, as Mat • Westm. records, neither he, nor other our Historians making mention of assigned wages, to any other Garrisons or Soldiers in that age; At last the Danes in most places throughout England, perceiving King Edwards power and wisdom, submitted themselves unto him, elected him for their King and Pat • on, and swore homage and fealty to him ; as likewise did the Kings of Scotland, Northumberland, and Wales.

In the year of Grace 905. This King Edward assembled a Synod of the Senators of the English Nation, as Malmesbury, or a great Council of Bishops, Abbots, and faithful people (as Matthew Westminster, and others s • ile it) in the Province of the Gewisii; which by reason of the Enemies incursions had been destitute of a Bishop for 7 years space. Whereupon the King and Bishops in this Council, taking good advice, made this wholesome constitution; That instead of 2 Bishops, whereof one had his Sea at Winchester, the other at Schireburn, 5 Bishops should be created ; ne Grex Domini, absque cura Pastorali, luporum incursionibus quateretur: Whereupon they in this Council elected 5 Bishops; to wit Frithstan, for Winchester; Athelin for Schireburn; Aedul • e for Wells; Werstan for Crideton, and Herstan for Cornwall; assigning them their several Sees and Diocese ; and two other • ishops • or Dorchester and Cirencester, all consecrated by Archbishop Plegmond at C • nterbury in one day. Will. of Malmesb. and some others write, that this Council was summoned upon the Letter of Pope Formosus, who excommunicated king Edward with all his Subjects, for suffering the Bishoprics of Winton and Scireburn to be void for 7 years space together : But this must needs be a great mistake, since Pope Formosus was dead ten years before this Council, and before these Bishoprics became void, and his pretended Epistle to the Bishops of England makes no mention at all of the king, as Sir Henry Spelman well observes.

In the year 906. king Edward made a Peace and firm agreement with the Danes of Northumberland, and East-England, at Intingford, when (as some think) he and Guthurn the Dane reconfirmed the Civil and Ecclesiastical Laws formerly made and ratified by his Father King Alfred and Guthurn. But Guthurn dying in the year 890, full eleven years before this Edward was king, could not possibly ratify these Laws at the time of this Accord, being 16 years after his decease, as the Title and Prologue to those Laws in Mr. Lambard and Spelman erroneously affirm; wherefore, I conceive, that this confirmation of these Laws was rather made in the year 921. when all our Historians record; that after king Edward (Anno 910. had sent an army into Northumberland, against the perfidious and rebellious Danes, slain and taken many of them Prisoners, and miserably wasted their Country for 4 days space, for breaking their former Agreement with him: after his Sister Aegelfled, An. 919. had forced the Danes at York to agree, and swear, that they would submit to her and her Brothers pleasure in all things ; and after Edward had vanquished the other Danes, Scotch and Welsh in many Battles; thereupon, in the year 921. the king of Scots, with all • his Nation, Stredded king of Wales, with all his people, et Regnaldus (or Reginaldus) Reginald King of the Danes, with all the English and Danes inhabiting Northumberland (of which Reginald then was King) coming to King Edward, An. 921. submitted themselves unto him, elected him for their Father and Lord, and made a firm Covenant with him • And therefore I conjecture that Guthurnus in the Title and Preface of these Laws, is either mistaken, or else mis-written for Reginaldus, then King of these Northern Danes, who had no King in the year 906, that I can read of in our Historians.

Abbot Æthelred, gives this Encomium of this Kings transcendent modesty and justice, Rex Edwardus, vir mansuetus et pius, omnibus amabilis et affabilis, adeo omnium in se provocabat affectum, ut Scotti, Cumbri, Walenses, Northumbri, et qui remanserant Daci, eum non tàm in Dominum ac Regem, quam in Patrem eum omni devotione eligerent. Tanta dehinc Modestia regebat Subditos, tanta Justitia inter proximum et proximum iudicabat, ut contra veritatem non dico nihil velle, sed nec posse videretur; unde fertur quibusdam iratus dixisse ; dico vobis, si possem vicem vobis redidissem, Quid non posset Rex iu Subditos, Dominus in Servos, Potens in infirmos, Dux in milites ? Sed quicquid non dictabat aequitas, quicquid veritati repugnabat, quicquid non permittebat Justitia, quicquid Regiam mansuetudinem non decebat, Sibi credebat impossible.

I wish all our modern domineering Grandees would imitate his presidential Royal Example. Yet I read of one injurious Act done by him, After the decease of his renowned Sister Elfleda, Queen of Mercia, Anno 920. he dis-inherited her only Daughter Alfwen (or Elwyn, his own Niece) of the Dominion of all Mercia, who held that Kingdom after her Mother, seising and Garrisoning Tamesworth, and Nottingham first, and then disseising her of all Mercia, uniting it to his own Realms, and removing her thence into West-Sex. Magis • eurans an utilit • r vel inutiliter, Quan an juste vel injust • ; Writes Henry Hunting • o • . which in • rious action, Si violanda sit fides regni ca • sâ violandae, will not excuse.

The Chronicle of Brompton records, that King Edward as he enlarged the bounds of his Kingdom more than his Father; So Leges condidit, he likewise made Laws to gove • n it: which are there registered to Posterity in two parcels, as made at several times, but in what year of his Reign this was, it informs us not, The first of these Laws, declaring his zeal to public Justice, according to the Laws then in Force, is this.

Edwardus Rex mandat et praecipit omnibus Praefectis et Amicis suis, ut Justa • udicia judicent, quam rectiora possint, Et in judicial • Libro stant • nec parcant nec dissimulent • pro aliquâ Re Populi Rectum et jus publicum recita • e; et unumquodque placitum terminum habeat quando peragatur, quod tunc recitabitur.

The first Chapter of the second part of his Laws intimates, that they were made by his W • se men assembled in a Parliamentary Council at Exeter ; witness the contents thereof.

Edwardus Rex admonuit Omnes Sapientes quando fuerunt Exoniae, ut investigarent simul et quaererent; quomodo pax eorum melior esse possit quàm anteà fuit; quia visumest ei, quod hoc impletum sit aliter quam deceret, et quam ante • praecepisset, Inquisivit itaque qui ad emendationem velint redire, et in societate permanero quâ ipse sit, et amare quod amat, et nolle quod nolit, in Mari & in Terrâ. Hoc est tunc, Ne Quisquam rectum difforceat alicui. Siquis hoc faciat, emendet sicut supra dictum est (In his first Laws then either made or rehearsed) prima vice 30 s. secundâ fimiliter, ad tertiam vicem 120 s. Regi.

The last Chapter, being the VIII in Bromtons translation, (but the XI. in the Saxon Copy ) is this. Volo ut omnis Praepositus habeat Gemotum (an Hundred Court) semper ad quatuor hebdomadas; et efficiat ut omnis homo rectum habeat, et omne placitum capiat terminum quando perveniat ad finem; Siquis hoc excipiat, emendet, sicut ante dictum est.

King Edward deceasing, Aethelstan his eldest Son ( designed by his Fathers Will to succeed him) was elected King at Winchester in the year 924. Magno Optimatum consensu et omnium favore ; and so • emnly Crowned at Kingston, only one Alfred, and some factious ones opposed his election, pretending he was illegitimate and born of a Concubine, whereupon they would have set up his Brothe • Edwin being legitimate and next heir as they pretended; whom the Generality of the Nobles rejected, nondum ad regnandum propter teneros Annos Idon • o. Aethelstan after his Coronation knowing his Brother to be born in lawful Matrimony, and fearing Ne per ipsum quando{que} Regni solio privaretur, lest he should be some time or other deprived of his kingdom by him, hated him extremely; and at the solicitation of some Parasites, whereof his Cup-bearer was the chief, to be rid of him and this his fear, he caused young Edwin, attended only with one Page, to be put into an old broken Boat in the midst of the Sea, without Sail, Oare, or Pilate, that so his death might be imputed to the waves; out off which Boat the young Prince in discontent cast himself head-long into the Sea (or rather the Page threw him head-long over-board,) and so was he drowned • But the Page recovering his body, by rowing with his hands and feet, brought it to Land where it was in • erred. The King was hereat so • roubed with a real (or feigned) contrition for this barbarous bloody fact, that he did seven years voluntary penance for this his fratricide, and adjudged his Cup-bearer to a cruel death, who gave him this ill advice ; and to pacify his Brothers • host and his own Conscience, built two new Monasteries at Middleton and Michelresse, and there was scarce any old Monastery in England which he adorned not either with buildings or Ornaments, or Books or Land • , to exp • ate this his bloody crime.

William of Malmes • ury (who exceeds in his praises) writes, that it was truly reported of him amongst the English, Quod nemo Legalius vel literatius rempublicam administraverit; That no king governed the Commo • we • l • h more legally or learnedly than he, being as Ingulphus records, guided and directed by Turketulus, his Chancellor, a man of great integrity, honesty, and piety, of prof • und judgment, whose decrees upon debate were irrefrag • ble. This king Athelstan, for the better administration of Jus • ice, enacted sundry excellent, civil, and ecclesias • ical Laws, recorded in Bromt. Lamb. & Spelm.

The first of these his Laws, were made and enacted in the famous • own • il of Grately, about the year 928, in which the king himself, Wulfehelm Archbishop of Cante • bury, and the rest of the Bishops, and all the Nobles and Wisemen which King Ethelstan could assemble, were present, who all ordained and confirmed these Laws in this great Council, as the last Chapter 〈◊〉 in • orms us in • hese words.

Totum hoc institutum est et confirmatum, In magno Synodo apud Grateleyam, cui Archiepi • cop •• 〈…〉 et omnes Optimates, et Sapientes, quos Adelstanus Rex potuit Congregare: Or, Cum •• Optimates et Sapientes ab Aethe •• tano evoca •• frequentissimi, as another Copy renders it • which proves, that all the Members of this Council were summoned to it by this kings writ, and not elected by the people's suf • rages. And although the Archbishops, Bishops, and other Clergy men were the chief advisers of the Ecclesiastical L • ws, made in this Council, as this Prologue to them attests: Ego Aethelstanus Rex ex prudenti • l •• elmae Archiepiscopi, aliorumque Episcoporum et Servorum Dei consilio mando ; yet they were all enacted and confirmed by all the Nobles and Wisemen in the Council, as the premises evidence. In this Council, the king commanded • by his Laws, all his Officers, that they should demand and exact from his Subjects such things and duties only as they might justly and lawfully receive, adding this memorable reason for it;

Which I wish all our unrighteous covetous •• x-ma •• ers, Excisers and Exacters would now seriously consider: And to avoid all arbitrary proceedings, oppressions, and Injustice in all things, this Council by positive Laws ascertains all fines, amerciaments, imprisonments, and corporal punishments for criminal offenses, from which the Judges might not vary. And withal defines, what Arms every man should • ind in those times of war, against the Danes and other Enemies by his positive Law, Lex 21. ( Sax. 16.) Omnis homo habebit duos homines cum bonis equis de omni Carucâ.

King Ethelstane after this Council at Grately (what years is not expressed) assembled several other Parliamentary Councils at Exeter, Fevresham, and Thunderfeld ; wherein he and his Wisemen, by common consent, confirmed the Laws made at Grately, altering some of them in certain particulars, and adding some new Laws unto them, as you may read at large in Brom • on, and as the first Chap • er, and this Prologue to those Laws assure us.

The Cause of making these new Laws, and confirming the old, was, a Complaint to the King in the Council at Exeter, that the Peace and Laws made at Grateley, were not so well kept as they should be; and that The • ves and Malefactors abounded ; as this Prologue manifests,

In the Council of Fevresham in Kent, the King by some of his Wise-Counselors sent thither to it, propounded some things for the weal and peace of the Country, together with his pardon for fore-past offenses; which they upon debate assenting to, and drawing up into sundry heads, returned to the King for his Royal assent, with this memorable Gratulatory Prologue ; which most truly representing unto us the proceedings in the great Councils of that Age, I thought meet entirely to transcribe.

After this there was another kind of Parliamentary Council held at London, & not long after that, another at Thithamberig, wherein many consultations were had, & propositions made for suppression & punishment of Thieves and keeping of the peace, which the Justices, Commissioners, and others appointed to keep the peace, and to take sureties of all men to the keeping thereof, concluded upon at London, and after submitted to the Kings Council, to enlarge or alter, as he should see cause ; Who thereupon made some alteration and mitigation at Thithamberig, of what the King thought over-severe, in putting to dea • h those who were above 12 years of Age, for 12 d. value, as these passages attest, declaring the proceedings of that Parliamentary Council.

Cap. 1.

Cap, 14.

Cap. 15.

Cap. 17. Item quod Sapientes omnes dederunt vadium suum, insimul Archiepiscopo apud Thundresfeldam quando Ealpheagus, Scyb, et Brithnodus Odonis • ilius veneruut ad Concilium ex ore Regis, ut omnis praepositus vadium capiat in suo comitatu de pace servandâ sicut Adelstanus Rex apud Fefresham, et quartâ vice apud Thundresfeldam coram Archiepiscopo, et Episcopis, et Sapientibus, quas ipse Rex nominavit qui interfuerunt et judicia conservaverunt Quae in hoc Concilio fuerunt instituta, &c.

Cap. 18. Item quod Adelstanus Rex praecepit Episcopis suis et praepositis omnibus in toto Regno suo, ut pacem ita custodiant sicut recitavit, et Sapientes sui.

Cap. 19. Item Rex dixit nunc iterum apud Thitlan • birig Sapientibus suis, et praecepit ostendi Atchiepiscopo et caeteris Episcopis, quod ei miserabile videtur, quod aliquis tàm juvenis occidatur, vel pro tàm parvâ re sicut innotuit ei quod ubique fiebat; dixit itaque, Quod ei videbatur et eis cum quibus hoc egerat, ne aliquis occidatur junior quam quindecim Annorum, nisi se defendere velit, vel aufugere, et in manus ire velit, ut tunc deducatur, sir major sit minor, qualiscunque sit, si se dederit ponatur in Carcere, sicut apud Greateleyam dictum est, et per idem redimatur &c. Praecepit Rex ne aliquis occidatur pro minori precio quam 12 d. nisi fugiat vel repugnet, ne dubitetur tunc licet minus. Si haec ita conservemus, in Domino Deo confidimus quod pax nostra melior erit quam antea fuit.

As these passages demonstrate the proceedings of the Parliamenrary Councils in that Age, (unknown to most, for which end I have transcribed them at large) so they clearly prove, that Thieves or Felons (much less other English Freemen) could not be imprisoned, killed, put to death, fined or ransommed, but by special Acts, and Laws made in General Parliamentary Councils, nor any Laws made, enacted, or altered in such Co • ncils, but by the Kings Royal Assent thereto, who then frequently summoned th • m, and all the Members of them, by writ and nomination, without the Peoples Election.

Henry de Knyghton, de Eventibus Angliae l. 1. c. 5. an • some other fabulous Authors relate, that in the eighth year of King Aethelstans reign, Olaus King of Denmark, Golanus King of Norway, and the Duke of Normandy, with 8 Dukes and 5 hundred thousand Soldiers, arrived in England, bringing with them out of Africa, A Giant called Colybrand, the strongest and most famous at that time throughout the World; Whereupon King Aethelstan hearing of their coming, Congregavit Magnates, assembled his Noblemen at Winchester, to advice with them, how they might resist the Enemies and fight with them in Battle ; Tha • whiles king Aethelstan vacaret tali Coneilio et congregatione po • uli sui in Wintonia, the foresaid kings came upon him with their Army, and besieged him Cum Baronia sua with his Batons, in that City for two years space. Neither durst the English fight with them by reason of their multitude and Power. In the mean time they made this Agreement, that king Aethelstan, should find out one Champion to fight a single Duel with Colybrand ; that in all future times the Realm of England should be held of the King of Denmark under a Tribute, and if Colybrand were conquered by Aethelstans Champion, rhen Olaus should forfeit and disclaim the Realm of England for him and his Heirs forever, and no King of Denmark should afterwards lay claim to the Realm of England, nor yet molest it. That the king in near one whole years space, could not find out a Champion to encounter Colybrand ; whereupon he and his Nobles were very much troubled. At las • , God by an Angel from Heaven, directed the King to find out Guy of Warwick, coming thither as a Pilgrim, who undertook to encounter Colybrand ; and after a sharp battle with him in the view of both kings and their Armies, cut off one of his hands, and after that his head.

But this Relation being contrary to the truth of History, and the Stream of all our Historiographers, I shall repute it merely fabulous; though I could not well omit it, for that Relation it hath to this my Theame an • precedent Propositions.

William of Malmesbury and others out of him record, that Elfrid (a Noble man) who opposed Aethelstans Title to the Crown, though in vain, intended to have seized on him at Winchester, and put out his eyes ; but his Treason being discovered before it came to the Accomplishment, he was taken and sent to Rome to purge himself by Oath ; where before the Altar of St. Peter and Pope John the 10 th, he abjured the fact, and thereupon fell suddenly down dead to the Earth, and being carried from before the Altar by his Servants to the English School, he there died within three days after. Upon this the Po • e • ent to • he king, to advise what he should do with him, and • hither he should allow him burial with other Christia • C • rps.

The King consenting to their Request, acquainted the Pope therewith; who granted him Christian Burial, though unworthy. Hereupon the Nobles adjudged all his Lands and Possessions great and small, to the King ; who by their consent, granted and confirmed them all to the Abby of Malmesbury by his Charter, wherein he recites; Sciant Sapientes regionis Nostrae, non has praefatas terras me unjust Rapuisse, Rapinam{que} Deo Dedicasse, sed sic ease accepi Quemadmodum judicaverunt omnes Optimates Regni Anglorum. Insuper et Apostolicus Papa Romanae Ecclesiae Johannes; After which, reciting the Treachery, perjury and death of Elfred, with his Condescention to his Nobles and friends request aforesaid, he concludes thus.

To which Malmesbury subjoins. In his Verbis Regis sapientiam, et pietatem ejus in Dei rebus suspicere par est: Sapientiam, eo quod animadverterat, juvenis presertim, non esse Dei Gratiosum de Rapinâ Holocaustum. Pietatem, eo quod Munus ultione divin • collatum, Deo potissimum non ingratus rependeret.

From whence I shall only observe, that Elsrid being a P • er of the Realm, dying perjured as a • oresaid, was ad • udged to forfei • all his Lands for Treason after his death only by his Peers in a Parliamentary Council, and that i • the king had seized on them without their judge • meant, it had been an unjust Rapine, by his own Confession; but being legally confiscated to him by their Judgment, it was no Rapine, but Justice for him to seize • and Piety to dispose of them at his pleasure to this Church. What Churches and Monasteries he built and repaired throughout the Realm ; What Lands he restored to St. Augustine's Church at Canterbury on the day of his Coronation (by the Assent of his Bishops and Nobles ) though long detained from it; and how he gave the Lands of Folcastan, in Kent, e • cheated by the Danes destruction of the Nunnery there, to Christ-church in Canterbury, you may read in the Marginal Authors.

William of Malmesbury informs us, that Baldwin Earl of Flanders, sent Embas • adour by Hugh King of France, to King Ethelstan, to demand his Sister for his Wife, brought over with him divers rich presents, and Relics (Amongst others, the Sword of Constantine the Great, the Lance of Charles the Great, and one of the 4 Nails that pierced our Savior's body, set in plates of Gold; A piece of our Savior's Cross enclosed in a Crystal Case &c. all which he presented to the King and Lady) cum in Conventu Procerum, apud Abindonium proci postulata exhibuisset: Which intimates, that this King consulted with an assembly of his Nobles aabout his Sisters Marriage to the King of France, as a mater of Parliamentary consideration.

Ingulphus Hist. p. 876, 877, 878. records, that Turketulus was his Chancellor and chief Counselor, who affected not Honors and Riches, refu • ed many Bishoprics offered him by the King, Tanquam • endiculas Satanae ad animas evertendas ; and would never accept of any Bishishoprick all his life, being Content only with his own Lands and Wages: That all his Decrees were so just and legal, that they remained irrevocable, when once made: That he was a great Soldier, and fought most valiantly against the Danes, and often gloried and said, He was most happy in this, that he had never murdered nor maimed any one, Cum pugnare • ro patria, & maxim contra Paganos licite quisque possit; He esteeming the slaughter of such Pagan Enemies in defense • f his Country, lawful, and no murder nor maim.

King Aethelstan, deceasing without i •• ue, his Brother Edmund succeeded him An. 940. who upon the false suggestions of some of his Soldiers and Courtiers, dedeprived Dunstan (whom he had made his Chancellor, and one of his privy Con • cil, year ranked amongst the Royal Palatines and Princes of his Realm ) of all his dignities and Offices. The very next day after, being like to break his Neck as he rod a hunting over a steep Rock, had not his horse miraculously stopped at the Rocks brink in his full carier, he immediately sent for Dunstan ; and to repair the injury done him, rod presently • o Glastonbury, and made him Abbot thereof. Presently after, Anla • fe King of Norway, whom Aethelstan had driven out of the Kingdom of Northumberland, came with a great Navy and Army to York, being called in by the perfidious and rebellious Northumberlanders, who instantly revolted to him, and elected him for the • r King. Whereupon he marching Southward wi • h a puissant Army, purposing to subjugate the Realm of England to himself, King Edmund gathering his forces together, encountered him, and after a bloody battle fought a whole day between them at Leicester, with great loss on both sides, Odo Archbishop of Canterbury and Welstan Archbishop of York perceiving the danger on both parts, and the Destruction of the Realm, made this Agreement between them; that Anlaffe should quietly enjoy the whole Northeast part of England, lying North of Watlingstreet; and Edmund all the Sou • hern part thereof, during their joint Lives, and the Survivor of them enjoy the whole Realm after the others decease : B • t Anlaffe soon after wasting the Church of St. Balter, and burning Tivinagham with fire, was presently seised on by God's avenging Judgment, and miserably ended his life.

About the year 940. Hoel Dha, Prince of all Wales, sent for six Laymen, eminent for authority and knowledge, out of every Kemut, or hundred of his Realm, and all the Archbishops, Bishops, Abbots, & Priors of his Realm, digni • ied with a Pastoral staff; who continuing all tog • there, in prayer, fasting and consultation all the Lent, did in this Welsh Pa • liament, make and enact many Civil and Ecclesiastical Laws, which they divided into 3 parts and books, • or the better Government of the Realm and Church ; which you may read in Spelman. In the 22 Law whereof they thus determine: Tres autem sunt hom • nes quorum nullus potest per Legem impignora • e contra aliquod Iudicium : Primus est Rex, ubi non poterit secundum Legem in Lite stare coram judice • uo agendo vel respondendo, per dignitatem naturalem, vel per dignitatem terrae, ut Optimas, vel alius. So that by the Laws of those times, nor only the Kings of England, but even the petty Kings of Wales were by their very Natural and Royal Dignities, exempted from all personal Trials and Judgments against them in any Courts of Justice, seeing they had no Peers to be tried by.

In the year 940 Reingwald [or Reginald ) the Dane coming with a great Navy into Northumberland, slew most of the best Inhabitants of that Realm, or drove them out of it. He likewise seized upon all the Lands of St. Cutbert, and gave his Lands to two of • is Soldiers; one of them called Scula, who afflicted the miserable Inhabitants with Grievous and intolerable Tributes; whence even unto this day, the Yorkshire-men as often at they are compelled to pay Tributum Regale, A Royal Tribute, endeavor to impose a pecuniary Mulct on the Land which this Scula possessed, for the easing of themselves. Scilicet Legem deputant, quod Paganus per Tyrannidem fecerat, qui non legitimo Regi Anglorum, sed barbaro et aliegenae Regis Anglorum hosti militabat, Nec tamen quamvis multum in hoc Laboraverint Pravam Consuetudinem huc usque Sancto Cuthberto resistente Introducere potuerunt; writes Simeon Dunelmensis.

Whereupon the Bishop oft endeavoring by persuasion to draw him to God, and entreating him to lay aside the obstinate rigor of his mind, and refrain himself from the unlawful Invasion of the Churches Lands, else if he con • temned his admonitions, God and St. Cutbert would severely avenge the Injuries done by him to them, and others.

Anno 941.

The year following he wasted and subdued all Cumberland, and pillaged the people of all their goods: And because the people of that Country were perfidam & legibus insolitam, perfidious and unaccustomed to Laws, so that he could not totally subdue and civilize them, having harrowed it with his Army, and put out the eyes of the two sons of Dummail, King thereof, he gave the Country to Malcolm King of Scots, to be held of himself, upon this Condition, that he should assist him, and defend the Northern parts of England by Land and Sea from the Incursions of invading Enemies.

This King Edmund after the Conquest and Expulsion of his Enemies, by the advise of Dunston and his Chancellor Turketulus, made good Laws, and ordinances, Ecclesiastical and Civil, for the Government of his Realm ; for which purpose, about the year of our Lord 944, he as • embled a Parliamentary Council of the Clergy & Laity at London, to consult and advise with them in the making of his Laws. Which the Proems to them, thus express. Edmundus Rex ipso solenni Pascatis festo Frequentem Londini tam Ecclesiasticorum quam Laicorum Caetum celebravit, as one version out of the Saxon; Or • Congregavit magnam Synodum Dei ordinis et saeculi; as ano • her •• anslation renders it, cui interfuit, Odo, et Wulstanus Archiepiscopi, et alii plures Episcopy • ut animorum suorum, et, • orum omnium, qui eis curae sunt consuleretur saluti ; And this Proem of King Edmund, himself thus seconds, Ego Edmundus Rex omnibus qui in d • tion • ac potestate meâ sunt, senibus & juvenibus, clare significo, Me à scientissimis Regni mei in celebri Ec • le • sticorum quam Laicorum frequentiâ, studiose requisivisse, quo tandem pacto Christiana proveheretur fides, &c. Or, Mando, & praecipio omni populo Seniorum & Iuniorum qui in Regione mea sunt, Ea quae Investigans Investigavi cum Sapi • ntibus Clericis & Laicis: In this Council there were three parcels of Laws made; the one, merely Ecclesiastical; the other, merely Civil; the third, mixed of bo • h • And in this Council, I conceive, the Constitutions of A • chbishop Odo were read and ratified. The greatest par • of the Civil Laws there made, were against Murder, bloodshed, fighting, breach of Peace, Theft and Perjury: In the last parcel of these Laws, cap. 5. The King gives God and them thanks, for assisting him in making these Laws, in these words ; Maximas antem & Deo & vobis omnibus ago gratias, Qui me auxilio vestro in hac pacis quam nunc ad prostigandos fures sancivimus, Lege adjuvistis; ac vehementer con • ido, eo vos propensius Nobis in posterum opitulaturos, quo hujus Decreti observatio magis vi • ebitur neces • aria.

About the same year, 944. this King assembled another Parliamentary Council of his Bishops and Wisemen at Culinton, where they enacted 7 other Laws, Principally against Thieves, together with an Oath of Allegiance to king Edmund, thus prefaced. Haec est Institutio quam Edmunds Rex, & Episcopy sui, cum Sapientibus suis instituerunt apud Culintoniam de pace & Iuramento faciendo. The two first of these Laws I shall transcribe as pertinent to my Theam.

Cap. 1. Imprimis, ut omnes jurent in nomine Domini, pro quo sanctum illud sanctum est, fide • i • atem Edmuudo Regi, Sicut Homo debet esse fidelis Domino suo, sine omni controversiâ & seditione, in manifesto, in occulto, in amando quod amabit, Nolendo quod, noluit; et antequam Iuramentum hoc dabitur, ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo.

Cap. 2. Vult etiam, ut ubi fur pro certo cognoscetur Twe • fhindi et Twifhindi (that is me • of 600 or 200 s. Land by the year) consocientur et exuperent eum vivum, vel mortuum, alterutrum quod poterunt; • t qui aliquem eorum infaidiabit, qui in eâ quaestione fuerint, sit inimicus Regis et omnium Amicorum ipsius. Et si quis adire negaverit, et coadjuvare nolit, emendat Regi cxx s. vel secundum hoc pernegat quod nescivit, et hundredo xxx s.

From whence it is apparent, That all Oaths of Allegance ; and Laws against Thieves and other Malefactors, were then made and enacted in Parliamentary Councils assembled for that purpose, and all fines, for offenses imposed, and reduced to a certainty only by Parliament. And by the last parcel of King Edmunds Laws in Brompton, it seems, the manner of contracting Marriage was then prescribed and settled by a Parliamentary Council.

This King Edmund, as he gave and restored by his Charters to Christ-Church and St. Augustine's in Canterbury several Lands unjustly taken away from them by his Predecessors, free from all secular services, except expedition and building of Bridge and Castle ; and ratified the Laws and Privileges of St. Cutberts Church at Durham, by consent of his Bishops and Nobles; So likewise, Anno 944. he granted by his Charter, (written in golden Characters) sundry large Liberties, together with the Manor of Glastonbury to the Abbey of Glustonbury, Consilio et consensu Optimatum meorum (then assembled in a Paliamentary Council at London ) ratifying the Privileges granted to the Monastery by King Edmund his Father, E • frid, Centwine, Ina and Cu • hred, et ne quisquam mortalium, scu Episcopus, vel Dux aut Princeps, aut quilibet ministrorum eorum audeat eam omnino intrare caus • placitandi, vel c • piendi, vel quidquam faciendi, quod contrarium fore possit imbi Deo Servientibus, Dei indictone prohibuit.

In the year 945. this King Edmund gave many Lands and Privileges to the Monastery of St. Edmundsbury, by his Charters; quam subscriptione Episcorum, Comitum et Baronum piâ devotione roboravit, (most probably in the Parliamentary Council, of London, at Culington where they were all assembled.)

King Edmund, in the year 946. celebrating with great Solemnity • he Feast of St. Augustine (which the English accustomed to celebrate every year) at Canterbury, as some, or at Pulcherkirke (now at Puckel-Church in Glostershire ) as others, or Michelesberith, as M • tthew Wes • minster stiles it) as he was fitting at Dinner in the Hall amidst his Nobles and Courtiers e • pyed a notable Thief c • lled Leoff (whom he formerly bani • hed for his theft ) stand in the Hall: Whereupon he not enduring his sight, commanded his Butler to thrust that Thief presently out of the Palace : who refusing to depart upon the Kings Command and resisting the Butler, the King thereupon in a rage rising suddenly from the Table, took the Thief by the Hair, and threw him to the Ground: whereupon the Traitor feeling himself hurt, and the King lying upon him, presently drew out his Knife; which he carried secretly about him, ripped up the Kings bowels and slew him with it ; which the Knights and Soldiers perceiving, rushed all upon the Thief, and with their Swords and Knives chopped all his fl • sh and bones into small pieces. Some • istorians write, that he slew some of the Kings followers likewise, and wounded more of them, and so escaped in the midst of the Tumult, Sicque clarum regalis Convivii principium, nebulosus rerum Gestarum exitus terminavit. Communi ergo decretum Concilio: It was thereupon decreed by a Common Council, that his Body should be interred in Glastonbury Abby. Abbot Æthelred gives this Encomium of him.

Edred his Brother, succeeded him the same year in the Throne, and was crowned King at Kingston by Odo Archbishop of Canterbury; Edwin and Edgar King Edmunds Sons, being put by, because of their Infancy ; quia tepugnante legi • i • â • tate pa • ri succedere non valebant, as Matthew Westminster renders the reason.

No sooner was he crowned, but entering into Northumberland, with a great army, he subdued the rebellious Northumberlanders, who refused to bear the yoke of his government, reducing them all under his obedience. Wherupon Wulstan Arc • bishop of York, and all the Nobles of the Northumberlanders swore fealty to King Edred, which they did not long observe. After which King Edred en • red with Banners displayed into Sco • land, whereupon the Scots, stricken with a fear, without any resistance, or war, swore homage and fealty to him as to their true Lord, as well as the Northumberlanders; which Oath they soon violated : For no sooner was Edred returned with his Army into the Southern parts, but Anlaff who was chas • d out of Northumberland, returning thither again with a great Fleet, was joyfully received by the Nor • humberlan •• r • , • nd restored by them to the Throne of the Kingdom, which he kept by force near four years. But in the fourth year the Northumberlanders using their accustomed treachery and disloyalty, chased away their King Anlaff, and received Hirc or E • icus s • n of Harald, • or their king, who held the kingdom but a short time;

But some of the Northumberlanders in his return from thence, sallying out of York with their forces, cut off some of the Rear of his Army ar Cesterford ; wherewith king Edred was so enraged, that he resolved presently to return, et totam illam terram penitus desere, and ututterly to destroy all that Country. Which the Northumberlanders hearing, they were so terrified, that they rejected their new King Hirc, and received Edred for their Sovereign, satisfying the King with Honors, and the Damages and Wrongs they had done unto him, with Gifts, and no small Sums of Money. These treacherous Rebellious Northumberlanders after Edred and Hirc, had no particular King at all to rule over them, but only Dukes, whose names and successions (with their Treachery towards and Rebellions against them) you may read at leisure in Roger Howden, who subjoins the History of them immediately to this relation.

Norwithstanding all which, about a year after he was enlarged and restored to his Bishopric; Malmesbury and Abbot Eth • lred, record of king Edred, that he made his Palace altogether a School of Virtues, obeying Dunstans Counsels in all things, et Justissimis Legibus subdi • os Regens, and governed his Subjects by most just Laws.

I read only of one Great Parliamentary Council held under King Edred, and that was at London, in the year 948. in the Feast of the Virgin Mary's Nativity ; Cui Universi Magnates Regni, per Regium edictum Summoniti, tam Archiepiscopi, & Episcopy, & Abbates, quam Caeteri totius Regni Proceres & Optimates, Londini convenissent, ad tractandum de negotiis publicis totius Regni; as Ingulphus and others record.

In which Parliamentary Council, when all the public affairs were finished (which as it seems concerned the making and carrying on of that war against the Rebellious, Treacherous Northumberlanders, who brake their faith with King Edred, and set up a King of the Danish race, as aforesaid,) the King in the presence, and by the consent of them all, restored, granted and re-confirmed by his Charter (dictated by Abbot Turketulus heretofore his Chancellor) all the Lands and Liberties formerly granted by Kings and others to the Abbey of Croyland, with sundry Manors then given to it by Turketulus himself: wherein (amongst other Liberties) he granted to the Monks; quod sint qui • ti & soluti ab omni Scotto, Geldo, auxiliis Vicecomitum, Hydagio, & ab Secta in Schiris, Wapuntakis, Hundredis, Thrichingis & omnibus omnibus aliis curis & saeculi oneribus universis. This Charter was subscribed and ratified with the sign of the Cross, by all the Archbishops, Bishops, Abbots a • d Nobles, who gave both their Counsels and Assents thereto, as their subscripti • ns testify, that • o it might be firm and perpetual. In the beginning of which Charter, this King, to show, that he held his Crown only from and under God, thus stiles himself. Ego Edredus Rex terrenus sub imperiali potentia Regis saeculorum aeternique Principis, Magnae Britanniae gerens Imperium, &c.

About the year of Christ 950, Nogui a Welsh King, being overmuch incensed with one Arcoit, wasted his Lands, and with too much fury, violated the Sanctuary, to which he sled. Whereupon Pater Bishop of Landa • fe assembled all the Clerks of his Diocese in a Synod, to punish this Sacrilege and breach of Sanctuary : Which the King hearing of, desired pardon of the Bishop and whole Synod, for these offenses in the Church of Mainnon, restoring all the things of the Church he had taken away, with satisfaction, and effusion of Tears. Whereupon, to obtain pardon and absolution for the penance they enjoined him, he gave the parish of Guidcon, with all the Lands, Liberties and Commons apper • aining thereun • o, to God, and the Bishops of Landaffe forever, to be held in Frankalmoighne. Some five years after (Anno 955.) Ily a Deacon slaying one Merduter, and sling into a Church for Sanctuary ; thereupon his kins • olk, and some of king Nogui his family, forcibly entering into the Church, flew Ili before the Altar, sprinkling his blood both upon the Altar and Walls of the Church ; Whereupon Pater Bishop of Landaffe, assembled a Synod of all the Priests, Deacons, and Ecclesiastical persons within his Diocese, to excommunicate the Delinquents ; which King Nogui and his Nobles hearing of, fearing the Malediction of the Church, the weight whereof they du • st not undergo, sent for the Bishop, and upon con • ultation, by advice of the Doctors of both sides, delivered up the Murderers into the Bishops hands, who sent them to the Monastery of St. Teliavi, where they were kept 6 Moneths in Iron Chains. Aft • r which they were excommuuicated. Synodo quoque Judican • e defini • um est, unusquisque eorum suum agrum, suamque totam substantiam, insuper & pretium animae suae (id est) septem Libras Argenti, redderet Ecclesiae quam maculaverat, determinantibus omnibus Divino Judicio, &c.

The Bishop rising up in the mid •• of them, holding the Gospel in his hand, said to Nogui, lay thy hand upon this Gospel: Whereupon Nogui laying his hand upon it, said;

It seems the petty Welsh Kings, and their Courtiers, were all subject in those days to the Censures and excommunications of their Synods, for their Sacrilege, and other unrighteous Actions infringing the Churches Liberties. That their Synods had a Iudiciary Power, and that they could not convey Lands to the Church, but by the Consent and Judgment of their Synods, which attested and ratified the same, as you may read in Spelman. Who likewise informs us, of another Welsh Synod held at Landaff • , about the year 988. wherein Arithmail Son of Nogui, King of Guenti, slaying his Brother Elised, was for this execrable Fratricide excommunicated by Gucan, Bishop of Landa • fe, and all the Synod, who thereupon submitting to the penance therein enjoined him, gave certain Lands forever in Frankalmoighne to God and all the Bishops of Landaffe, to purchase his absolution.

King Edred deceasing to the great grief of all hi • Sub • ects, his Nephew Edwin (formerly put by the Crown for his Nonage) was thereupon (though young) crowned King at Kingston by Archbishop Odo, An. 955. but in the second year of his reign 957. the Mercians an • Northumberians wholly cast off their obedience to him, and conspiring altogether by unanimous consent, rejecting him from being their King, elected his Brother Edgar for their Sovereign Lord, Deo dictante & annuente populo: Whereupon the kingdom was divided between them by the bounds of the River of Thames.

What was the true Cause of this deposition and rejection of Edwin is very do • btfull: William of Malmesbury, Hovedeu, Matthew Westminster, Dunelmensis, Brompton, Henry de Knighton, Abbot Æthelred, Hygden, Florence of Worcester, and most of our old Historians being Monks, and over-much devoted to their Arch-Patron Dunstan, record: That the true Causes thereof were, First, His ill lascivious Life and Incontinency with Alfgiva his Concubine (as they write) and near kinswoman, from whom Archbishop Odo divorced him; and likewise with sundry other Concubines which he entertained in his Court, whom Odo excommunicated and banished thence. 2. His Indiscret and Tyrannical Gvernment contrary to his Laws. 1.

But Henry Arch-Deacon of Huntingdon, an ancient, judicious, impartial old Historian, flourishing in the year 1148 • mentions none of these particulars, in his life, but gives this honorable Testimony of his Government, tha • it was both prosperous, • lourishing and laudable. Rex Edwi non illaudabiliter Regni infulam tenuit ; Anno R • gni sui Quiuto, cum in principio Regnum ejus decentissime • loreret, prospera et laetabunda exordia mors immatura perrupit. And therefore Archbibishop Parker, Bishop Godwin, Speed, and others conceive, that the true cause why the Mercians and No • thumbrians, (& those only, not the rest of his subjects and kingdom) rejected him, and s • t up his Brother Edgar (whose lasciviousness was more excessive, and vices more extorbitant in some degrees than Edwins, which yet our former Monkish Historians blanch or excuse) was the Malice of Dunstan, and Odo (the Pillars and Oracles of the Monkish Clergy;) They likewise inform us, that the true causes of kings Edwins banishing Dunstan, ejecting the Monks, and seising their Lands and Treasures was,

After which she returning into England, Odo apprehended her the second time, and cut off her Sinews at the Hock-bone. All which intolerable Affronts so incensed Edwin, that he banished and spoiled Dunstan with his Monks as aforesaid, and threatened Odo with severe punishments; none others in the Realm but these daring then to oppose him: hereupon they formerly and then bearing the greatest sway, by way of revenge, and to preveut Edwins further fury against them, stirred up the Mercians and Northumbrians to reject him, and that in a tumultuous manner, by force of Arm, in which Uproar Edgar gained possession of half his Kingdom. Matthew Parker and Sir Henry Spelman out of him, subjoins, that by these civil dissensions raised between King Edwin and his Brother Edgar, they much weakened the forces of the Realm in many set Battels fought between them; till at last Edgar getting the better; Convocato ad Branfordiam Regni concilio, Fratris Edwini acta et decreta rescendit. Assemblong a Council at Brandford, he repealed all the Acts and Decrees of his Brother King Edwin, restored to the Churches and Monasteries the Treasures he had taken from them, recalled Dunstan from his former banishment, and made him first Bishop of Worcester, then of London, and last of all of Canterbury.

Henry de Knyghton, a Canon of the Abbey of Leicester, relates, out of the History of Leicester Abbey ;

That they should crown Edgar King, though but then a youth; who rejoiced with this Divine Oracle, (most likely by the Monks and Dunstans Legerdemain, the Divine Oracle that uttered it) speedily advanced Edgar to be King, being but 16 years old; and so he was elected and crowned King by a divine Oracle, which never happened to any King of England in former times.

Upon Edgars Coronation and Dunstans restitution, An. 959. K. Edwin reigning in a decayed Estate, living in little Esteem, and wi • hout being desired, for very grie • thereof (as some write) he died, after he had for 4 years space, Libidinosie simul & Tyrannice, lustfully, and also Tyrannically depressed the Realm of England : Others a • firm, that he was deprived both of his Life and Kingdom, by the Rebellion of his Subjects : But his Monkish O • posi • es record, that he was taken away by an untimely Death by God's Just Judgment, in the year of our Lord 959. Whereupon his Brother Edgar, ab omni populo electus, being elected king by all the people, united the kingdom into one, and obtained the entire Monarchy of the Realm, the kings of Cumberland, Scotland, and Wales • voluntarily submitting, and doing homage to him, without any effusion of blood, or war.

King Edgar About the year of our Lord 963. contrived the death of Earl Ethelwald, who (as some Authors aver) against his trust, had cheated him of Elfrida, only Daughter of Ordgarus, Duke of Devonshire, the Paragon of her Sex, by disparaging her beauty to the king, and marrying her to himself. After which the king being extraordinarily ravished with the true reporr and sight of her transcendent beauty, thereupon (as Bromtons Chronicle relates) statim post octo dies, Rex Parliamentum suum apud Sarisberiam convocavit, Ubi cunctis suis Proceribus congregatis, de custodia terrae Northumbriae qualiter contra ingressum Danorum melius posset custodiri, tractaverunt; inter quos Ethelwolfus ad Custodiam Eboraci & patriae adjacentis, in illo erat Concilio deputatus. A clear Evidence, That Matters of defense against Common Enemies, and Guardians of the Sea-coasts against the Danes Invasions, were then debated and settled by the King and his Nobles in Parl. then usually summoned by our Kings for that end. Hereupon Earl Ethelwolfe travelling through the Forest of Werewell towards his new Wardship, was there cruelly assaul • ed and murdered by some unknown armed per • ons, there placed in ambuscado by the king, as was commonly reported, and as some relate by king Edgar himself, who shot him through with an Arrow, as they were there hunting together. The slain Earls Bastard-Son being • here present, beholding his dead Corps, the king demanded of him, how such a hunting pleased him ? who answered, very well my Lord and King; for that which please • h you ought not to displease me : which answer • o pacified this kings swelling mind, that he loved no person more entirely all his life than this Young man. Tyrannici facti offensam in Patrem sedulitate Regiâ in filium allevans, writes Malmesbury. This being done, the king with great joy bringing Alfrida to London, there espoused her, and the same day both of them wore a golden Crown, adorned with precious pearls, on their heads. Hereupon Archbishop Dunstan, the next morning, boldly rushing into the kings Bedchamber, whiles they were both in Bed together, demanded of the king; what Woman he had lying in bed with him ? who answered, that it was his Queen; Dunstan by way of rebuke replied;

Which he by reason of his ardent love towards her, and insatiable lust with her, would by no means hearken to.

Anno 964. King Edgar heating of a Nun of incomparable beauty in the Monastery of Wilton, named Wilfrida, a Dukes Daughter, took her out of the Nunnery, and frequently admitted her to his Bed: Wich being commonly blazed abroad, Arch-bishop Dunstan understanding of it, with great passion, and i • dignation of mind came to the king; who seeing the Archbishop, arose from the Royal Throne to take him by the hand, and give him place. But Dunstan refused to take him by the hand, and with a stern countenance, bending his Brows, spake thus unto him.

The king terrified with these and other thundering words of Dunstan, and compuncted with inward repentance for his perpetrated sin, fell down at Dunstans • ee • weeping: who raising him up again from the ground, began to relate unto him the heinousness of the fact: And finding the king ready to undergo what ever satisfaction he should lay upon him, enjoined him this following Penance for 7 years space. Which the king promising effectually to perform, was thereupon absolved, and vigorously set himself to execute what he had promised.

Hereupon, in the year 966. King Edgar founded the Monastery of Hyde near Winchester, filled it with Monks, endowed them wi • h large privileges and possessions, exempting them from all secular services whatsoever, but these; rata expeditione, Pontis Arcisve constructione ; prescribed several Laws and Canons for the Monks thereof to observe, made by advice and consent of his Bishops and Nobles, and ratified by his Royal Charter, • ub • cribed by himself, his two sons Prince Edmund and Edward, his Queen, Grandmother, both the Archbishops, 9 Bishops, 5 Abbots, 3 Dukes, and sundry others, with the sign of the Cross annexed to their names. In which Charter there is this solemn curse donounced against all the infringers and perverters thereof.

The same year King Edgar by his regal Charter (recorded at large by Abbot Ingulphus ) confirmed all the Lands and Privileges of the Abby of Croyland, formerly granted and confirmed to them by King Edred and his Nobles, in the presence of both the Archbishops 〈◊〉 Bishops, and Nobles assembled in a Council at London: who re •• ned it with their fub • criptions, the • ign of the Cross, and a solemn excommunication (denounced by the two Archbishops and three Bishops more in Paul's Church London, in the presence of King Edgar his Prelates and Nobles, in Octavis Pentecostes] against all • Infringers • f this Charter and of their Liberties.

Abo • t the year 967 as some, or 969. as others compute, King Edgar in a Great Senate or Council, by advise of his Wisemen, enacted divers civil & Ecclesiastical Laws and Canons, for the Government of the State and Church, thus pre • aced. Leges quas (or, hoc est Institutum quod ) Edgarus Rex, freqenti Senatu, Consilio Sapientum snorum, a • D •• gloriam • Regiae 〈◊〉 ornam •• tum, et Reipublicae utilitatem sancivit, or constituit. The 7 and 8 of his secular Laws in the Latin, but 1, 2, 3. in the Saxon Copy, I shall only transcribe.

Anno 969. there was a general Council assembled at London by king Edgar, at the in •• iga •• on of Pope John, and Archbishop Dunstan ; wherein (as I conceive) the King made that elegant Oration, against the vicious lives of the Clergy; thus expressing his own duty and supremacy over all Persons and causes both Civil and Ecclesiastical.

After which directing his speech to Dunstan, Aethelwald, and Oswald, he concludes thus • Vo • i • istud committo negotium, ut Episcopali censura et authoritate Regia • urpiter viventes de Ecclesiis ejiciantur, & ordinate viventes introducantur. Herupon there was a Decree made in this General Council, That all Canons, Priests, Deacons, and Sub-Deacons should live chastely (that is, put away their lawful Wives, vow chastity, and become Monks) or relinquish the Churches they then held : The execution whereof was committed to Oswald and Ethelwald ; Who thereupon compelled the Clergy in Worcester, Winchester, and other Church • to become Monks, renuentes vero ab omni beneficio spoliarunt, depriving those who refused of all their Benefices, and putting Monks into them, qui novo quidem splendore vniversam Insulam illustrarunt, as our Monkish Writers record: or rather novo foetore contaminarunt, as others write John Brompton informs us, that after the slaughter of the Nuns of Eli by Inguar and Hubba, the secular Priests enjoyed that Monastery one hundred years space; whom King Edgar de Concilio beati Dunstani Archiepiscopi, & dicti E • he • waldi, ac m • gnatum Regni (in the forementioned General Council) expulit & fugavit for their dishonest conversation.

Bishop Oswald having ejected the married secular Priests out of his Church at Worcester, and introduced Monks in their places, did this year 969. as I conjecture from the premises (not 964. as Sir Henry Spelman computes it) p • ocure King Edga • by the Counsel and assent of his Princes, Nobles and Bishops (most probably in the forementioned General Council, or that of London next ensuing) to ratify this their ejection, and confirm the Church of Worcester, with all the lands, goods, ecclesiastical & secular things thereto belonging to the Monks of that Church forever, free from all secular servi • es and exactions, hard or easy, and from all siscal duties great and small, known or unknown, as well of the King or Prince, as of their Officers • exceptis Arcis, & Pontis extructione, et expeditione c • ntra hoestem. And that by the special Charter, called Oswald Law, subscribed by the King, Queen, both the Archbishops, and 3 Dukes.

King Edgar, Anno 970. or 971. in the 12 year of his reign held another Parliamentary Council at London, where himself, his Mother Alfgina, Prince Edward his Son, Kined King of Scots, Mascusius his Admiral, both the Ahchbishops, with the rest of the Bishops, and all the Nobles and great men of the Realm were present, By his Charters made in and ra • ified by this Council, this King granted and confirmed many and very magnificent Privileges to the Monastery of Glastonbury communi Episcoporum, Abbatum, Principumque concilio, et generali, assensu, Pontificum, Abbatum, Optimatumque suorum, exempting the Monastery and Monks thereof, not only from all Episcopal Jurisdiction, but likewise all their Lands from all Tributes and Exchequer businesses forever, Granting them

And which is a Privilege beyond all president, The old Charter begins thus.

Then fol • ow • he su •• criptions of King Egar, A • fgina his Mother, Prince Edward, Kinred King of Scots, Mascusius the chief Admiral, both the Archbishops, 6 Bishops, 8 Abbots, 3 Dukes, and other Officers: Which Charter and Privileges at the Kings request were ratified by Pope John the 13 in a general Council at Rome, Anno Dom. 971. by a special Bull, that they might remain inviolable: yet both the Abbey itself, Lands, Privileges are long since demolished, dissipated, annihilated, such is the mu • abiliunity of all sublunary things.

The self same year (Anno 970.) King Edgar by his Charter granted and confirmed sundry Lands and Privileges to the Monastery of Medeshamsted formerly demolished by the Danes, which Bishop Aethelwold had repaired, and named Burgh, perpetually exempting it from all Episcopal jurisdiction, yoke, and exaction; Quatenus nec Rex, nec Comes, nec Episcopus, praeter Christianitatem attinentium Parochiarum, nec Vicecomes, nec ulla alia major minorve persona, ulla dominatione occupare praesumat, excepta moderata expeditione, & Pontis Arcisve constructione. Which Charter was ratified by the kings own subscription, both the Archbishops, sundry Bishops, Abbots, Dukes, and other chief Officers, and the sign of the Cross after each of their Names.

In the year 973. King Edgar after his seven years penance expired, on the Feast of Pen • ecost in the 30 • h year of his age, was solemnly Crowned, and consecrated King • and wore his Crown with great glory at Akemancester, alias Bath, both the Archbishops Dunstan and Oswald, with all the rest of the Bishops of England, ac Magnatibus universis, and all the Nobles being there pre • ent at his Coronation, and received the accustomed Gifts usually given to the Nobles being at such inaugurations. Soon after the same year this King with a very great Fleet and Army sailing round about the Northern parts of England came to Westchester, where his eight tributary Kings or Vice-royes, (namely Kyneth king of Scots, Malcome King of Cumberland, Marcus king of Man, and many other Islands, and the other 5 kings of Wales, Dufn • ll, Siferth, Howel, James, and Iuchill ) met him as he had commanded • hem, and swo • e 〈…〉 him in • he • e words: That they would be faithful and assisting to him both by Land and Sea. W • ich done, he on a certain day en • red wi • h them into a Barge, and placing them at the Oares, himself took the Helm, and steered the Barge very skillfully whiles they rowed it down the River of Dee from his Palace to the Monastery of St. John Bapist, on the other side, all his Dukes and Nobles fol • owing and accompanying him in other Barges: where having made his Prayers, they all rowed him thence back again in like pomp to his Royal Palace; which when he had en • red he said to his Nobles: Tha • any of his Successors might then say he was King of England, when wi • h so many Kings following and subject to him, he should enjoy the Prerogative of the like pomp and power. Bu • Mr. Fox subjoins; In my mind this king had said much b • tter: God • orbid that I should glory in any t • ing but in the Cross of our Lord I • sus Christ.

The year following An. 974. Certain Merchants coming from York, arrived in the Islle of Thanet in Kent, where they were presently taken by the Ilanders and spoiled of all their goods; which king Edgar being informed of, was so far incensed against these Plunderers, that he spoiled them of all their Goods, and deprived some of them of their lives; Which Huntingdon and Brompton thus record. Rex Edgarus undecimo Anno Regni sui jussit praedari Insulam Tenet, Quia jure Regalia spreverant: non ut hostis insani • ns, s •• ut Rex malo mala puntens. The same year as Ma • mesbu • y, Ingu • p • us and others write, king Edgar, by his regal Charter, caused the secular Priests to be removed out of the Monastery of Malmesbury and introducing Monks in their places, restored to them the Lands and Possessions of the monas • ery, which the secular Priests formerly enjoyed and had leased o • ; • that upon a full • hearing before the Wise-men, Bishops & others in his presence, most likely in a Par • iamentary Counci • , as • his c • au • e in his Charter intimates. Haec a praedictis accommodata Cl • ricis, a con • ensioso possessa est Ed ••• no •• : s • d superstitiosa, sub • il que ejus discept • tione a Sapientib • s meis audita, • t conflictatione illius mendosa ab eisdem me praesente convicta, Monasteriali a me reddita est usui. If the Council of Winchester (hereafter cited Anno 975.) was held in King Edgars life time, as some affirm, most probably this debate here mentioned touching these Lands, was held in and before that Counci • , and this Charter therein made and ratified with the subscriptions of the Kings, Arch-bishops, Bishops, Abbots and Dukes thereto annexed, according, • o the custom of that age.

Although King Edgar in his younger days was subject to many Vices, and committed some injurious Ty •••• ic •• A •• s, recorded by Malmesbury, Fox, Speed, and others; yet repenting of these his youthful, lustful Vices, he proved such a just and prudent King, that our Historians of elder and later ages give these large Encomiums of his Justice, Prudence, Piety, Virtues, and poli • ique Government: wor • hy perpetual memory and immitation. So excellent was he in Justice, So sharp was he in correction of Vices, as well in his Magistrates, Officers, and other Subjects; that never before his days was less felony by Robbers, nor less extortion or Bribery by false Officers; such as were wicked he kept under, them that were Rebels he repulsed, the godly he maintain • d, and the just and modest he loved; the learned and vi • tuous he encouraged: He would suffer no man of wh • t de • ree or quali • y soever he were to elude or violate his Laws without condign punishment. In his time there was neither any private Pilferer, nor publ • ke Theef, but he that in stealing other men's Goods, would venture and suffer (as he was sure) the loss of his own Goods, and Life. He was no respecter of persons in • udgement; but judged every man according to the quantity of his Offence, and quality of his person. He united all the Nations under him, which were divers, by the Covenan • and Obli •• tion of one Law: Governing them all with such Justice, Equity, Integrity and Peace, that he w • s style • Rex, 〈◊〉 Edgarus Pacificus, t • e p • aceable King Edgar. In his days, not • orments, not Gibbe • s, not Ex • le, not banishment were so much feared, as the offending of so good and gracious a King. He built and endowed no less than 48 Monasteries, and restored many more, endowing them with large possessions, privileges, (out of Piety and Devotion, • s these times reputed it) & was a great honourer, lover, promoter of the virtuous and learned Clergy, and suppressor of the vicious and scandalous. There was scarce one year throughout all his reign wherein he did not some great and memorable necessary thing for the good of his Country and people, the honor of God, and advancement of Religion. All which made him so honored and beloved by his Subjects at home, so far d • eaded by his Enemies abroad ; that Nullas Domesticorum insidias, nullum exterminium alienorum sensit: He never felt any homebred treachery, or foreign invasion, but reigned peaceably all his days • without war or bloodshed, which none of his Predecessors ever did. He was so far from tolerating any violence or rapine in men towards each other, that he commanded all the Wolves and ravenous Beasts, greedy of blood, to be destroyed throughout his Dominions: And such an Enemy was he to Drunkenness (the Mother of Vices, Murders Quarrels, Thefts,) wherewith the Danes had much infected the English, that to prevent and redress it, he caused Pins to be set in every Cup, prohibiting by severe Laws and Penalties, that none should force others to drink, nor yet d • ink below • hose Pins, in that moderate proportion which he prescribed them. Among other his Politick deeds, for the peace and safeguard of his Realm against pillaging Pirates, and Forein Invaders, he had always in readiness 3600 (as most) or 4800 strong ships of War (as others record) to secure the Seas in the Summer season, which he divided into three Squadrons or Fleets: whereof he placed 1200 in the East Seas to guard them ; 1200 in the South Seas; 1200 in the West Seas, ( and 1200 in the North Seas, as some write) to prevent Piracies, and repulse the invasion of Forein Enemies. These Ships immediately after Easter met together every year at their several places of Rendezvous, wherewith the King sailed round about the Island and Sea-coasts, with a great force, to the terror of Foreigners, and exercising of his own subjects, sailing with the Eastern Navy to the Western parts of the Island, and then sending them back with the Western Fleet to t • e Northern Coasts, and then sailing with the Northern Fleet to the South ; pius scilicet explorator, ne quid Piratae turbarent. After his return from the Sea, in the Winter and Spring, he used to ride in Progress • hrough all the Counties of the Realm, diligently to search and inquire how his Laws, Statutes, Ordinances were kept and observed by his Princes, Great Men, and O • ficers, lest the Poorer sort of people should suffer prejudice, or be oppressed by the Greater & Richer: And whether his Judges or Justices judged uprightly, according to the Laws, or injured any through Bribery Malice, or Partiality, Violati Iuris severus Ul • or, being a severe Revenger of his violated Laws, sparing nei •• er Rich nor Poor, but judgi • g him justly according to the quality of his transg • ession. In hoc Justitiae in il • o fortit • dinis, in utr • que Reipublicae & Regni utilitatibus consulens, as Wiliam of Malmesbury, and Flor. of Worcester repor • of him. Et ideo tempore suo latrones nulli fuerunt, nec aliquis qui Guerram vel turbationem in Regno movere a • debat. Merito ergo non infirma inter Anglos fama est; nullum nec ejus, nec superioris aetatis Regem in Anglia recto & aequabili judicio Edgaro comparandum: He being Flos et Decus an • ecessor • m Regum, non minus memorabils Anglis, quam Romulus Romanis, Cyrus Persis, Alex. Macedoniis Arsaces Parthis, Carolus Magnus Francis • as Malmesbury, Abbot Æthelred, Florentius Wigorniensis, Simeon Dunelmensis, Henry Huntindon, Matthew Westminster, and others record of him, who are much more copious in his praises. Mr. Fox closeth up his Encomiums of him with this Speech: As I see many things in this worthy Prince to be commended; so this one thing in him I cannot but lament, to see him like a Phoenix to fly alone, that of all his Posterity so few there be that se • k to keep him company.

Towards the end of his Reign the Welchmen moving some rebellio • , • e thereupon assembled a mighty Army to suppress and prevent it; wherewith he entering into the Country of Glamorgan, sharply punished the Ringleaders thereof: But his Soldiers doing great harm in plundering the Country, lading themselves with spoils; the King out of his bounty, commanded them to restore to the People all the spoils they had gotten; and more especially St. Ellutus Bell, that was hanged about an Horses neck; whereby he purchased singular love and honor from the Inhabitants. At length af • er he had reigned thus, 16 years and two months in great tranquility and honor totum regnum sanctis legibus strenue gubernantem, as Endmerus rela • es of him, he died happ •• y o • Tuesday the 8 of July, Anno 975. Nec potuit male mori qui been vixerat, qui tot Ecclesias Deo fundaverat, qui tot bona perennia brevi tempore statuerat, as Henry Arch-Deacon of Huntingdon observes, who bestowed this honorable Epitaph on him, remembered also by others.

Immediately after his death,

as Malmesbury, Wigorniensis, Howden, Simeon Dunelmensis, and Brompton observe: such an incomparab • e lo • s was the death of so just, pious, and prudent a King to the whole Nation, qui ju • entutis vitia, po •• ea m • gnis virtutib • s delevit, when most others do quite contrary.

King Edgar at the time of his decease leaving behind him two Sons by two venters, Edward his eldest Son by Queen Ethelfleda his first Wife, then but 12. years old, and Æthelred his second Son by his second Queen Elfreda, then not much above 7. years of age; 〈◊〉 arose • • re • t contention amongst the Nobles of the Realm about choosing of a new King. • or Queen 〈◊〉 wi • h A • fe • us Duke of Mercia and many other Nobles, siding with the married Secular Priests against the M • nkish Clergy, combined to advance • oung Æthelred • electing him unanimously for their King, disavowing Edwar • as illegitima • e, and begot • en of an harl •• before marriage ; as Malmesbury de Gestis Regum, l. 2. c. 8. Osburn in the life of Dunstan, Nicholas Trivet, Johannes Parisi • nsis, Vincentius, Antoninus, Matthew P • rker in the Life of Archbishop Dunstan, Mr. Fox and others repute him: though Ingulphus, Huntindon, Howden, Mat: Westminste • , Florentius Wigornensis, Brompton, Abbot Æthelred, Simeon Dunelmensis, Radulphus Cistrensis, and the generality of our modern Historians, repute him Edgars lawful Son, and right heir to the Crown : Whereupon the most of the Nobles elected him to succeed unto his Father: The two Archbishops, Dunstan, and Oswald, with all the Bishops, Abbots, and Clergy of the Monkish faction, holding their new-gotten States dangerous, and their footing unsure, if in the nonage of the King, their Opposites should rule all under him, as they imagined they would, if Ethlred were elected by them • thereupon abetted the Title of Edward, as altogether wrought to their mould and treading in his Fathers footsteps, lawfully begotten in the nuptial bed of Queen Ethelfleda, right heir to his Father, and by him d • signed to succeed him. Their claims thus banded amongst the Nobles, Duustan and Oswald foreseeing the danger, prudently assembled all the Bishops, Abbots, and Nobles together in a Great Council, to debate their rights and settle the title ; Where Archbishop Dunst • n (as • ome write) coming in with his Cross and Banner, dum consecr • tionis ejus • empore nonnulli Patriae Optimates resistor voluissent ; no • • taying • or further debating de Iure, presen • ed Prince Edward in the mid • t of them de Facto, for their Lawfull King, as his Father had declared him at his death. Upon which, the Major part of the Council, being Clergymen, elected • anointed and consecra • ed Edward for their King Quibusdam Optimatum murmurantibus, some of the No • les of • he contrary party murmuring at it, especially Q • een Elfrida, who thought to advance her young Son to the Throne, that so she might rule all things, and reign under the color of his name, as Dunstan and the Monkish Clergy did under the color of King Edwards, whose Counsels and admonitions he diligently followed in all things, and judgments 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 married Secular Pr • ests, and the Nobles siding with both parties. The marie • Priests presently upon Edgars death, complained to Queen Elfrida, Elfere, and the Nobles, That they were unjustly expelled out of their Churches by the Monks and their prevailing party ; alleging, that it would be a very great and miserable dishonor to the Nation, and shame to them ; ut novus advena veteres colonos migrare compelleret: hoc nec Deo gratum • utari, qui veterum habitationem concessi • set nec alicui probo homini, qui sibi idem timere poss • t quod aliis praejudicio accedisse cerneret. Hereupon many clamours and tumults arising among the p • ople, 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 S • cul • r Clergy were prejudged, and suffered unjustly, being expelled their a • tient 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 where • in King Edgar had placed them, and brought in the married Clerks with their wives in their places, as at • irst. Among o • hers, Alfere Earl of Mercia, gathering great forces, and using much insolence, overturned almo • t all the Monasteries King Edgar and Bishop Aethelwold had b • ilt in the Province of Mercia; quorundam Potentum assensu et factione, placing married Priests in them. This they did magnis occaecati muneribus by the married Clergy, as Howden, Simeon Dunelmensis, Florentius Wigorniensis, and our Monkish Historians as • ert. To which Abbot Ingulphus subjoins. Cujus (Regis Edwar • i) sancta simplicitate et innocentia tàm abusa est factio Tyrannorum, pe • Reginae favorem et potentiam praecipue roborata, quod per Merciam Monachis de quibusd • m Monasteriis ejectis, Clerici s • nt inducti: Qui statim Monasteriorum maneria Ducibus terrae distribuebant, ut sic in suas partes obligati eos contra Monachos defensarent. • unc de Monasterio Eveshamensi Mon • chis expulsis • Clerici fue • unt introducti; Terraeque Tyranni de terris Ecclesiae praemiati sunt: quibus Regina cum novercali ne • uitia stance cum Clericis • in Regis opprobrium favebat. Cum Mona • his Rex et sancti Episcopy persistebant: Sed Tyranni fulti Reginae favore et potentia super Monachos triumphabant. The Monks on the contrary to secure their intere • t (by like Bribes and means as is most probable, though our Monkish Historians conceal it) sti • red up Ethelwin Duke of the East-English, and Brithnorth Earl of Essex, (men of great dread and power) to a •• ear in their quarrel and resist • he opposite party. Qui in Synodo constituti ; who assembled together in a Synod or Council for that end, protested, That they would never endure 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 valor the Monasteries of the Eastern English, keeping the Monks in possession of them. This fire between the Monks and married 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 caus • 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 Controversy, 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 Nob • es of the Realm, and the expulsed married 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 they Author of the old Manuscript Chronicle of Winchester Abby relates, though he misdates the time of this Council, as h • l • Anno 968.) After much debate, the Nobles of the Realm fearing they should be overcome by d • spute ( 〈…〉 Monks) promising reformation of life on the Clergies behalf, most humbly entreated the King and Archbishop, That they might be readmitted into Monasteries, out of which they had been ejected. With whose prayers, tears & sig • s the mo •• me • ci • u • King being much moved, was in a great straight, ruminating in his min • , what he should do 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 Cr •• ifix i • • he W • ll. Cum plurium jam Suffragiis de Presbyteris restituendis decernebatur, as M ••• hew Parker relates it; Absi • ut hoc 〈◊〉 , &c. God forbid that this should be done; God forbid it should be done; You have judged well once, you would change • gain not well. Which articulate voice only the King and Archbishop who were the Judges of • he 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 • ound of the Voice as of a great Thunder, fell down flat to the Earth very much affrighted. Some write, that both sides by Dunstans policy appealed to the resolution of the Crucifix in this case, in which Dunstan had placed a man with a Trunk in the wall behind the Image, who uttered this voice in and by the mouth of the Rood: which is most probable. Soon after, he King and Dunstan heard this second voice from the Crucifix, Arise, be not afraid, because this day Righteousness and Peace have kissed each other in the Monks. In memory of this cheating Oracle and Monkish fable, (of which Huntindon, Howden, Wigorniensis, Ranul • us Cistrensis, Fabian, and other old Monas • ical •• storians make no mention, and Malmsbu • y slightly relates it as An hearsay ) the Monks of Winchester engraved these Verses over the head of this Crucifix in their Refectory.

writing the words forcited under this Distich, as then uttered by the Crucifix, which asserted before all, That Dunstans way was true. Wherewith the Clerks and their Abettors were quite confounded, and put to silence. Sed adhuc non sedatis animis, &c. But the Nobles and Clerks minds being not as yet quieted by this Oracle (a clear evidence they suspected it as counterfeit) our Historians inform us, there were three more great Councils soon after held to settle this Con • roversie between the married Priests and Monks. The first at Kerling, Kerding, or Cerding, or Kirking, as it is variously styled, Anno 977. which Wigorn. and Howden style Magna Synodus, without recording what was done therein. Sir Henry Spelman out of an old Saxon Note, calls it A great Council, affirms it was held after East • r, and that Sideman Bishop of Devonshire died in it. That King Edward and the Archbishop therein ordained; That every man should go in pilgrimage to the Church of St. Mary at Abendune out of Devotion. And Matthew Parker Archbishop of Canterbury, in the life of Dunstan, superaddes:

This Great Council held at Calne (some style it Cleve ) was purposely called the same year. 977. to end the long continued Controversy between the Monks and married Priests, which the feigned Oracle of the Crucifix at Winchester, and the Council of Kerding could not determine. All the Senators and Nobles of England sitting together at this Council in an Upper room (the King being absent by reason of his tender age or sickness) the business being debated with great conflict and controversy; and the strongest wall of the Monkish Church, Archbishop Dunstan, being assaulted with the Darts of many revilings, remained unshaken. The Disputants of both parties and orders defending their sides with greatest industry, in the midst of the dispute, the whole Floor, with the Rafters and Beams of the Room wherein they disputed suddenly brake in pieces, and fell to the ground, with all the people in it, except Dunstan, who escaped without any harm, standing firm on a beam that remained, of which he took hold-fast; the rest being either slain outright, or very much hurt and bruised with the fall, so as they languished ever after, hardly escaping present death. This miracle (as our Monkish Authors style it) gave peace to Archbishop Dunstan from the assaults of the English Clerks, and others, who thereupon from thence • orth submitted to his sentence and judgment, if William of Malmesbury, and Mat. Westminster may be credited; Whereas Florentius Wigorniensis, John Brompton, and others out of them, assure us; that there was not long after another Parliamentary Synod or Assembly held at Ambresbery, upon the same occasion, without recording the Proceedings or Event thereof. Some conjecture that this fall was only a fiction of the Monkish Writers, to add reputation to their languishing cause, as well as that of the Crucifix Speech forecited. Others conceive, it was wrought by Duustans sorcery, or Policy. Others, that it was casual, by reason of the weight of the People. But Henry Huntindon Hist. l. 2. p. 357. Brompton, col. 876. and Sir Henry Spelman out of them, p. 496. record, That this fall of the Nobles at Calne, was (not a Divine Judgment on them for their Opposition against, and injury to the Monks, as some interpre • ed it, but) signum videlicet Dei excelsi fuit quod Proditione et Interfectione Regis sui, ab amore Dei Casuri essent, et diversis gentibus digna contritione conterendi; as they were soon after broke in pieces by the invading conquering Danes and Normans : And whether the late violent falls and ruptures of our Parliaments and Nobles portend not the like fate to England, by some other foreign Invasions for the like Treachery, Apostasy, Regicide, or far worse, let those who are guiltiest of it, and others determine at their leisures.

King Edward imitating the footsteps of his Fathers Religion and Piety, was so circumvented by the flattering speeches of his Mother-in-law Queen Elfrida, that although she opposed his Title, Election, Coronation, all she could, to advance her own Son to the Crown: yet retaining only the name of a king to himself, he soon after permitted her and his Brother Æthelred, his Competitor, to order all affairs of the Realm as they pleased. Whereupon (as the Chronicle of Brompton relates) she began to plot how to dethrone this Man of God King Edward, and advance her own Son Æthelred to the Throne ; Which when she had a long time meditated upon, she opened the Secrets of her heart to some of her chief Counselors, advising with them concerning it, and earnestly entreating, yea conjuring them to assent to her therein, and to find out some means to effect it; Cui protenus in necem illius omnes conseuserunt, who all forthwith consented to his Murder, and contrived how they might most speedily accomplish it by some fraudulent device, which they soon after executed in this manner.

King Edward hunting for his disport in the Forest near Warham, hearing that his Brother Æthelred whom he entirely loved) was near that place, residing then with his Morher at Corph-Castle, ) some style it Cornesgate ) rode thither to visit him with very few attendants, who either casually, or of set purpose lingering behind him, sporting in the way, he came alone to the Castle gate. Queen Elfrida who had a long time waited for such an opportunity, being informed thereof, went presently to meet him with her bloody Assassinate,s and welcoming him with flattering Speeches, and a pleasant countenance, importuned him to lodge there that night, which offer he with thanks refused, saying he desired only to see and speak with his brother, but would not alight from his horse: Whereupon she commanded a Cup of Wine to be speedily brought him to drink, appointing one of her boldest Soldiers to kill him whiles he was drinking: Who kissing the king, like another Judas, under a pretext of love, to take away all suspicion, so soon as the Cup was at his mouth, stabbed him presently into the Bowels with a knife. King Edward feeling himself wounded, set spurs to his Horse, thinking to escape to his own faithful followers; but the wound being mortal, he fell from his Horse dead, and one o • his feet hanging in the Stirrop, he was dragged up and down through the Mire and Fields, and at last left there dead near Cerf Gate. Wh • ch his wicked Stepmother hearing of, commanded her most wicked Servant to drag him by the Heels like a beast, and throw him into a little Cottage hard by, that the fact might not be discovered. After which she commanded his Corps to be privily taken from thence, lest this her most execrable work of darkuess should be discovered, and buried in an obscure bushy morish place, where it should no more be found by any. Most of our Historians write, that he was obscurely buried at Wearham, without any Royal State; Ac si cum Corpor • pariter & Memoriam sepellissent, invidentes ei sespidem, cui vivo inviderunt decus Regium ; So Malmesbury ; or as Ma • thew Westminster delcants on it • Invidebant enim mortuo Ecclesiasticam concedere Sepulturam Cni videnti decus Regium auferebant. And not content herewith, they made an • dict • than which nothing could be more cruel; That no Man should lament or speak of his death, thinking thereby utterly to delete his memory. But contrary to their expectation, God by a supernatural light from heaven shining on the place, and sundry Miracles there wrought (if our Monkish Historians may be credited) frustrated this design. For though the Queen and her Complices out of their transcendent malice (which O that some of late times had not overmuch imitated,) Inimicitias quas viventi ingesserunt in mortuum protelantes, sepelierunt • um fine Regio honor apud Warham • ut sicut vitam ejus extinxerant ita et nomen ejus extinguerent: hic vero compertum est contra divinam providentiam non sufficere pravum cor hominis et inscrutabile: Quem enim perfidi terris abjicerant, Deus coelo glorious suscepit, et memory aeternae insignivit eum Dominus. cujus mentionem Proditores obnubulare studuerant. But mark the sad sequel of this prodigious Regicide, Proditione Gentis suae perfidae, thus registered by Henry Huntindon, an impartial Historian. Inde Dominus iterum ad iram provocatus est, et plus solito irritatus, Genti pessimae malum inextricabile confer cogitavit, et quod facere paraverat non distulit. Veneruntque Dani, et operuerunt Angliam quasinubes coeli. To which William of Malmesbury subjoins. Creditumque et celebriter vulgatum • quod propter Elfridae in Edwardum insolentiam multo post tempore tota patria servitutem infremuisset Barbaricam. Take the sum of his Reign, Murder, Saintship in these words of Abbot Æthelred. Translato ad coelestia Regna Rege Eadgaro • in re • no terreno filius ejus Edwardus successit: Qui unjust ab imp •• s interfectus, tum 〈…〉 , tum ob mortis 〈◊〉 tatem Sancti Nomen et Meritum Deo donante promeruit : being afterward translated to Shaftsbury, and there honourably enshrined.

King Edward being thus treacherously murdered on the 17th day of April, Anno 978. when he had reigned only 3. years and 8. months by hereditary Succession, thereupon on the 8. of May 979. his half-brother Æthelred was crowned King at Kingston, by both the Archbishops, Dunstan and Oswald, and ten Bishops more, in the presence of the Nobles, much against Dunstans will. And although Æthelred so much lamented his Brothers murder, being then but a child of ten years old, not active to promote this Treacherous plot, and so detesting it, that his Mother Elfrida in a rage whipped him for it with candles for want of a rod, which made him abhor candles all his life; yet Dunstan full of a prophetical Spirit, at the very time of his Coronation told him, that he and his Posterity, together with the whole kingdom, should suffer grievous tribulation all his reign, using these words then unto him; Be • ause thou hast aspired to the Kingdom by the death of thy Brother, whom thy Mother murdered; therefore hear the word of the Lord; Thus saith the Lord: The Sword and Blood shall not depart from thy House, nor from the Nation, but shall rage against thee all the days of thy Life, slaying thy seed, until thy Kingdom shall be translated to another Realm and Nation, whose Customs and Language that Nation over which thou reignest knoweth not; qu • eos in ul • im • m red • gat servitutem who sha •• reduce them into the extremest Bondage, for conspiring with thy ignominious Mother against the Blood of thy Brother. Neither sha •• thy fin, nor the sin of thy Mother, Nor the sin of those who were privy to her wicked Counsel, that they might stretch out an hand against the Lord's anointed to slay him, be expiated, but by a long Revenge, and much effusion of blood. Which accordingly came to pass; and let all others whom it concerns most nearly, with our whole English Nation now seriously remind it. This Prophecy was presently after seconded, with a prodigious Cloud, spread and seen over all England sundry nights, which appeared sometimes bloody, other times fiery, and then changing itself into divers sort of flashings and colors, vanished about the morning. The very next year following the barbarous Danes invaded England, burnt Southampton, killing and carrying away Prisoners almost all the Inhabitants thereof; after which they infested and wasted the Isle of Teneth, and City of West-Chester, invading England every year with new forces, til they had laid the whole kingdom desolate, expelled King Æthelred, with his Queen and Children, into foreign patts, and possessed themselves both of the Crown and Realm, as absolute Sovereigns.

And here, before I proceed further, I cannot but take special Notice of God's admirable retaliating Justice inflicted upon some of our Saxon usurping Regicides and their Posterities, worthy our saddest contemplation.

King Edgar (as I touched before) injuriously usurped upon his elder Brother King Edwyn ; and by force of arms deprived him of half his Crown and kingdom at first, and of his whole Realm, if not life too, at last. But within few years after by God's avenging hand, his best beloved eldest Son and heir, King Edward, to whom he bequeathed the Crown at his death, was first opposed in his Succession, and soon after most treache • ously butchered by his own Queen and younger Son, who invaded the Crown by his slaughter. King Edgar treacherously slew Earl Aethelwold, (as you have read) to espouse his wife Elfreda, & Crown her for his best beloved Queen; who (no doubt) was consenting to, if not the contriver of his murder, as he was hunting in Worel Forest. And she to requite this murder, kills his own Son and heir King Edward, as he came from hunting in a Forest, not very far distant from the same place. Elfere Earl of Mercia, the Queens chief Counselor and Instrument to murder and dethrone King Edward, (whom he stabbed to death with his own hands, as Malmesbury records,) though to expiate this crime, he soon after honourably translated his Corps from Warham to Shaftsbury -Minster; yet by God's avenging wrath, about a year after his whole body was eaten up of Lice and Worms, so that he died most miserably. Queen Alfrida the chief Plotter of this murder, soon after the fact, was struck with such horror of conscience for this bloody Regicide, that to pacify the pangs thereof, and expiate the guilt of his crying blood, she built two Monasteries at Almesbury and Warwel, and casting off her royal robes and State, entered into the later of them, where she afflicted herself with sackcloth, fasting, weeping, and severe penance unto the day of her death, bewailing this bloody crime all the remainder of her life. The whole English Nation, who were either consenters to, or overgreat connivers at their Sovereigns Murder (which they never publicly questioned nor revenged) were not only stricken, consumed with all sorts of Plagues and strange diseases, but incessantly invaded, oppressed, spoiled, captivated, conquered, murderated, and almost quite extirpated by the barbarous Danes, who usurped the Sovereignty over them for three Generations, being made a spectacle of divine Justice both to Angels and Man. As for King Æthelred himself, though then an infant, he purchased nothing else by his Brothers blood, but a Crown of Thorns and Cares, living in perpetual wars, cares, fears, wants, distresses, being crossed in all his designs, wars by Land and Sea, contemned, deserted, and frequently betrayed by his own Counsellers, Nobles, Commanders, Soldiers, Subjects; forced out of the Realm with his Queen, children, by the conquering Danes, all living like exiles in foreign parts; dying at last neither lamented nor desired; Some of his Sons after his death were treacherously murdered, (as Edmund Ironside by his own Brother-in-law, and Eth • lred his Son-in-law, Duke Edert ) all his posterity renounced by the English, and the Danes preferred before them, banished, betrayed, devoted to ruin by the usurping Danes, and his own temporizing English Prelates and Nobles. Of which more fully hereafter. Take bu • this brief Character of his unhappy reign out of William of Malmesbury, and Henry de Knyghton ; Ethelredus post occisionem frat • is sui Edwardi in Regem levatus 38. annis reguum potius obsidit, quam rexit. Nam vitae suae cursus saevus et infa • stus fuit; in principio, miser; in medio et fine, turpis et reprobus • Iste tenuit Regnum in magna angustia • Nec mirum, quia sic felonice et unjust intrusus est in Regnum, Rex suorum perfidia Ducum avito ex terris solio, et opis egens alienae, in cujus manu aliorum solebat salus pendere. E Normannia accercitus Londoniae agebat propter proditores, nunquam procedens, ubi animam laboribus et miseriis natam efflavit. Post cujus mortem Proceres Regni, cum Clero stirpem ejus abhorrentes, Canutum recognoverunt Regem suum fore. All which calamities fell upon these Regicides, Traitors, and the whole English Nation, as our Historians observe, for the murder of their lawful Sovereign. And have we not all now just cause to fear the very like, or some sorer Judgments for the selfsame crying Sin, and other transcendent, bloody, traitorous violences, oppressions of all kinds, far exceeding this, and all o • hers in former ages? But to proceed from these Generals, to the most observable particulars during his reign.

Anno Dom. 980. being the second year of King Ethelreds reign, the Danes began their invasion and persecution of the English, wasting, depopulating with fire and sword Southampton, Chester, the Isle of Te • eth, Cornwall, Devonshire, and other places, continuing their depredations sundry years after, till they became Lord's and Masters both of the Crown and Realm. All our Historians record, that the sins of the English Nation, (especially their Treason and Treachery against their innocent murdered Sovereign ) were the original cause of this Danish invasion, and most fatal Judgment: to which Bishop Lupus in his Oration, subjoins these other sins, pertinent to my Theam, of which I fear our Nation is now far more guilty than their Ancestors in that age: Ecelesiae vastantur, ordo Clericalis ludibrio habetur et contemptui; ima plebs proditorie e regno sumpto protio venundatur, infantes ab ipsis incunabilis ad miseram servitutem sumpti et redacti sunt, omnisque benignitas et eleemosyna perit. Ipsi denique liberi avita libertate frui, et in servili conditione constituti, bonis magnis partis laboribus aut aliu • de concessi • , uti prohibentur. Et quia haec gens perjuriis, Mendaciis Iuramenti, Fidei, Faederum atque Pignorum fractionibus crebris, • omicidio, turto, et quae ad Rempublicam l • befactandam summa sunt Proditione, falso atque Technis vaferrimis in ipsos Domi • os atque Heros multifariam deliquit, cujus fuit indicium, Edwardi regis ipsis hostibus traditio, &c. The external causes principally inviting, encouraging the Danes to this invasion, as Matth • w Parker, and Mr. Fox conjecture, were these: Quod à segnibus et torpentibus Monachis Regni facultates essent absorptae; auctaque indies Dacorum vis ab Anglorum sub Monachis redactorum ignaviam, et civilia orta multa discrimina; quae Dacos e • ferarunt victores. And that the Danes perceiving the discords that were then in the Realm, and the hearts of the Subject to be withdrawn from, and set against their Sovereign, they thought it a sufficient occasion and advantage to forward their intendments, and omitting no time, arrived on the Coasts of Kent, and spoiled the Country as aforesaid •

About the year of our Lord 982. One Lefsi bought lands in the Isle of Ily of Adelwold Bishop of Winchester, and not only denied to pay for them, but likewise forcibly disseised the Bishop of 3. Manors, Burch, Undeles, and Kateringes, which the Bishop recovered by Judgment of the Earldermen, and Thames in the WITENAGEMOTE (Wittagemiot) or Parliamentary Assembly of that age, thus reported by the ancient Book of Eli, and by Mr. Selden, out of it.

By which President it is apparent, 1. That Parliamentary Councils in that age held Pleas, and gave judgments of Disseisins and Titles of Lands. 2. That they had Lawyers to assist them, and plead such cases before them. 3. That the Judgment given in the Great Council at London, was confirmed, recited, and executed in the County-Court held at Northampton, and possession of the Lands accordingly restored to the Bishop.

King Æthelred being incensed against the Bishop of Rochester, Anno 983. as some, or 986. as others compute it, besieged the City of Rochester for a long space; Whereupon Archbishop Dunstan commanded him to give over the siege, lest he should provoke St. Andrew, Patron of that City, against him. The King notwithstanding continued his siege till he extorted one hundred pounds from the Bishop. Whereupon Dunstan admiring at his covetousness, sent him this Message. Because thou hast preferred silver before God, Money before an Apostle, covetousness before me, the evils which the Lord hath denounced shall violently come upon thee. Upon which Matthew Westminster makes this observation. Anno 986. Rex Anglorum Aethelredus qui prohibente beato Dunstano Centum libras ab Episcopo Roffe • si extorserat, pro pace brevissima pensionem 16 millium librarum persolvere compulsus est. Which fell not out till the year 994. as himself and others record: Malmesbury refers it to the Tax of 10 thousand pounds, paid by him to the Danes. Anno 991. In this year 986. Alfric Duke of Mercians, son of Duke Alfere was banished England crudeliter, cruelly, without just cause, as Brompton recites, which made him afterwards prove treacherous to the King, he being one of those English, quos nullis causis extantib • s exhaeredabat Rex, et affecto crimine, opibus emungebat; which Malmesbury taxeth him for. His oppression and inj • stice, being the chief causes of his miscarriage and expulsion by the Danes.

Anno 988. The Danes invading Wecedport, thereupon Goda Earl of Devonshire, Strenwild, a most valian • Knight, and many others in defense of their Native Country and Liberties, fought with them, and were slain by them. And Anno 891. Brithnoth the most valiant Duke of the East English, and his forces, fought a set battle with the invading Danes, who wasted Ipswich and the parts adjoining: In which battle an innumerable multitude were slain on both sides, and this valiant Duke with many thousands of the English, in defense of their Country against these Invaders. After which, by the Counsel of Syricius Archbishop of Canterbury, Duke Aethelward, Alfric, and other Nobles (assembled no doubt in a Parliamentary 〈◊〉 as Malmesbur • his Duces et Proceres si quando in Concilium venissent, pars hic, 〈◊〉 illud 〈…〉 and Henry de Kayghton his Proceres Regni, si quando ad Concilium congregati, &c. im • ort)

Some of our Historians style this Infaustum Concilium, an unlucky Council. Eadmerus gives this verdict of it.

whereby they became Vassals and Tributaries to the in • ulting Danes. Henry Huntindon, and the Chronicle of Brompton pass this verdict against, and deduce this memorable observation from this Tribute. To which Brompton, Ranulphus Censtrensis, and H • nry de Knyghton immediately subjoin. Mat. Parker Arc •• ishop of Ca • terbury, thus censures this ill advice of his Predecessor; Siricius pacem Christianis ab in • idelibus Dacis 10. librarum millibus redemit, Ad ignominiam sane, peneque perniciem totius Regni. Mr. John Fox informs us, That King Æthelred being glad to grant the Danes great sums of money for peac • , gave himself to polling of his Subjects, and disinheriting them of their possessions; and caused them to redeem the same ag • i • with great sums of money; For that he paid great Tributes to the Danes yearly, which • as call • Danegelt. Which Tribute so increased, that from the first Tr • bute of 10000 l. it was brought at last in p • ocesse of 5. or 6. years to 40000 l. The which yearly Tribute (until the coming of St. Edward and after) was levied of the people of the Land: Moreover, for lack of Justice, many Thieves, Rioters, and Bribers, were in the land, with much misery and mischief. To which sorrow moreover was joyued hunger and penury (besides a bloody flux, fevers, mortality, murrain amongst cat • el, &c.) amongst the Commons, insomuch that everyone of them was constrained to pick and steal from others. So that what for the pillage of the Danes, and what by inward Thieves and Bribers, this Land was brought into great affliction: Albeit the greatest cause of this affliction (as it seemeth to me) is not so much to be imputed to the King, as to the dissention among the Lord's themselves, who did not agree one with another; but when they assembled in Consultation together, either they did draw divers ways, or if anything were agreed upon any matter of peace between t • e parties, soon it was broken again; or else if any good thing were devised for the prejudice of the Enemy, even the Danes were warned thereof by some of the same Council. John Speed, in his Hist: of Great Britain relates, That King Æthelred could not redress the ev • ls occasioned by the prosperous Danes successes, who lay in the land like unto Grashoppers, his strengths be • ng small, and his Subjects affections l • ss. Therefor • calling to counsel the Statesmen and Peers, demanded their Advic • , what was best to be done? Some few of these proof • ed the King their assistance, but more of them persuaded to a composition, whereof Siricius Archbishop of Canterbury was chief; and in fine, ten thousand pounds paid to the Danes for their departure. This golden mine once entered, was more eagerly digged into by those still-thirsting Danes, who finding the branch so beneficial at first, hoped the vein in following would prove far more beneficial; and therefore, regardless of promise, the next year prepared themselves again for England, and with a great Fleet disp • tched to Sea. The News whereof struck such terror into the English hearts • that despairing of hope • they accounted themselves the Bondslaves of Misery, and were enforced to compound a peace with th • m, with the payment of 16000 pounds, which they at last mounted to 40000 ( or 48000) • ounds • till it emptied the Land of all her coin, the Kingdom of her Glory, the Nobility of their Courage, the Commons of their Content, and the Sovereign of his wonted Respect and Observation. (A pattern of our age and • imes.) • amuel Daniel gives us this Censure of this first unworthy he • y Tax: Æthelred in the end was fain, seeing he could not prevail with the sword, to assail them with money, and bought a peace for 10000 pounds, which God wot, proved after a very dear penny-worth to the Commonwealth: Showing the seller t • e • eof, how much was in his power, and the buyer, at how bad a rate, his necessity was to be served, and yet not sure of his bargain, longer than the Contractor would. Who having found the benefit of this market, raised the price thereof almost every year. And yet had not Æthelred what he paid for, the land in one part or other being never free from spoil and invasion, but rather, were more oppressed both by the Dane, and by this Taxation, which was the first we find in our Annals laid upon the Kingdom, and with heavy grievance raised in a poor distressed State, continuing many Ages after the occasion was extinct; And in the end 〈…〉 became the usual Supplement in the Dangers of the Kingdom, and the Occasions of Princes. And hereby Et • elred enla • ged the means and de • ires • of the Enemy, so that at length came Swain King of Denmark, and Anlafe King of Norway in person, as if likewise to receive him for committing outrage, and were both returned with great sums. And many years it was not ere Swain returned again to raise new sums by new afflictions, and tormenting here this poor turmoiled people more than ever, receives a fee fo • bloodshed, to the sum of 48000 l. Granted in the General Assembly of the States at London; and a Peace, or rather paction of servitude concluded.

From these passages of our Historians it is most evident. 1. That this Tax of ten thousand pounds to the Danes, was the very first we find imposed on the English Nation, An. Domini 991, being never subject to any public Civil Tax til then, for ought appears by History. 2. That this Tax was then imposed, and after reimposed, augmented on the Nation, only by common advice, grant, and consent of the King, Prelates, and Nobles assembled in a public and Parliamentary Council. 3. That the original ground of granting it was base degenerous cowardice, or unmanly fear, and sluggishness, both in the King, Nobles, and People, and that by the very unlucky, imprudent, ill Council and advice, of an Archprelate, Siricius Archbishop of Canterbury being the p • inciple adviser of it. 4ly. That it was originally paid, not to a lawful Native Sovereign king, for defense of the Nation, but to a foreign invading prevailing, victorious Danish Enemy, to purchase peace, and be quit of future troubles and Invasions. 5ly, That when this was first imposed, it was with a belief and resolution never to reiterate or draw it again into custom or president in succeeding ages: and that only to satisfy a covetous invading Enemy for the present, wi • hout any thoughts that • t would but streng • hen or encourage their Enemies to new inva • ions and Tributes of this Nature, doubled and trebled on the Nation afterwards. Yet loe the contrary sad effects of this ill president & advice. 1. It is within few years after, several times drawn into Use and Custom again. 2. It is every time increased, augmented more than other, till it amounted to 4 times as much as it was at first. 3. It did but impoverish, weaken the English themselves, and much strengthen, encourage their Danish Enemies, and keep them still under their Vassalage. Whereas so much money or less raised and spent for their own defense against • he Danes, would probably have expulsed and beaten them home to their own Country with loss, and so have prevented their future invasion. 4ly After the Danes were quite expelled, and the occasion of this tax quite extinct, yet it then became a usual constant suppliment to our Kings for sundry ages after, upon all occasions, and was the only ground-work, pattern, of all the heavy public Ship-money, Taxes, Aids, Impositions, Payments, under which the people have suffered in all succeeding ages, till this present. It is very dangerous therefore for Parliaments, or Statesmen, upon any extraordinary pressing Necessity, to lay any new Taxes, Tributes, or Imposts on the people, and most perilous for the people voluntarily to submit unto their payment; fo • being but once or twice granted, imposed, paid, and made a President, they are hardly ever abolished or conjured down again, but kept still on • oot upon some pretext or other; yea oft doubled, trebled, and quadrupled by degrees, to the people's grand oppression and undoing, as we may see by this old President of D • negelt ; and the late sad Presidents of our new imposed Exci • es, Imposts, Monethly Contributio • s, ra •• ed from 20 to 30, 40, 50, 60, 100, and 120 thousand pounds, amonth, and the Excise from thousands to Millions; and so continued for sundry years, without hope of end, or ea • e: the only blessed lib • rty which we have hitherto purchased with all our Prayers, Tears, Fasts, Counsels, Treasures, wars and whole Oceans of Christian blood. I shall therefore desire our late and present Tax-Masters, Excise • s, if they be not now past all shame, sadly to consider, how much more burthensome and in • urious they have been & are now to their native Christ • an English Brethren, than the Barbarous Pagan, foreign invading Danes were then to their predecessors; in that they by their own authority, without any lawful grant, or Act by a free Parliament, impose on their Brethren's exhausted purses and estates, no less than 60 or 120 thousand pounds every Moneth, besides Excis • s, Imposts, Customs, amounting to much more; when as the barbarous, foreign Danes exacted of them, only by their own common consent in free Parliamentary Councils, only ten thousand pounds in one year at first, and then 16000, 24000, 30000, 40000, or 48000 l. at the utmost for several whole years Tribute, without any Excise, Imposts, or other Customs. Which meditation me thinks should now induce them to mitigate, release, cease, our long continued uncessant Taxes, Excises, Imposts, or at least to reduce them to the Danes highest annual proportion, of 48000 thousand pounds, lest the whole Nation and Posterity repute them more oppressive, barbarous, tyrannical to their Christian Countrymen now; than the worst of the foreign Pagan Danish Invaders were heretofore, and greater present Enemies to their Native Country, than the Danes then were to our Progenitors.

The self same year there being some difference between King Ethel • ed and Richard Marquess of Normandy, he thereupon slew and pillaged all the English passing through his Country, and affronted King Æthelred with frequent injuries. Pope John the 15. hereupon sent Leo his Legate, with exhortatory Letters to make peace between them: who coming with them to King Æthelred on Christmas day, Anno 9 • 1. the King, u • on r • ceit of the Popes Letters Accersitis cunctis sui Regni fidelibus, utriusque ordinis Sapientioribus, Assembling all the Wisest men of his Realm of both Orders, for the love and fear of Almighty God, and St. Peter the Prince of the Apostles, granted and estabished a most firm peace with all his Sons a • d Daughters, present, and to come, and with all his Lieges, without guile. In pursuance whereof, the King sent Edelfinus Bishop of Sherburn, with two other persons of quality into Normandy to the Marquess: Who, upon receipt of the Popes Admonitions, and hearing of the kings Decree, with a willing mind, confirwed the said Peace with his Sons and Daughters present and to come, and with all his Subjects, upon this reasonable condition, That if any of them, or they themselves should perpetrate any unjust thing against the other, it should be exp • ated with eondign reparation. Which Peace that it might remain perpetually firm, was ratified by the Oaths of the Commissioners of both parts, at Rhoan, in March following. Here we have a Peace advised, ratified by the direction of a Parliamentary Great Council: recorded at large by Malmesbury : The last clause whereof was this, Et de hominibus Regis, vel de inimicis suis, nullum Richardus recipiat, nec Rex de suis, sine Sigillo eorum.

King Æthelred in the year 992. hearing that the Danes intended a new invasion of England, and that they had sent a great Fleet to Sea, contrary to their former Agreement the year before, assembled a Council of his Nobles to consult how to resist them. What the result of their consultation was, Florence of Worcester thus record Consilio jussuque Regis Anglorum Ethe • redi, Procerumque suorum, de tota Anglia robustrores, Londoniae congregatae sunt Naves. By the Counsel and command of Ethelbert king of England, and of his Nobles, all the strongest Ships were assembled together at London, out of all England ; which the king furnishing with choice Soldiers, made Duke Alfric, Duke Thorold; Alstan and Aes • win (two Bishops) Admirals over them; commanding them, if by any means they could, to take the Danish Army and Fle • t by invi • oning them in some part. But Duke Alfric (formerly banished, forgiven, and now made chief Admiral) turning Traitor, both to his king and Country, first sends a secret Messenger to the Danes, to acquaint them with the designs against them, entreating them to prevent the ambushes prepared to surprise them, whereby they escaped the hands of the English. After which, when the English and Danes were ready to encounter each other in a Sea-fight, Alfric fled secretly to the Danish Fleet the night before, and by reason of the instant danger, fled away shamefully with them. The kings Navy pursuing them, took and pillaged one of the Danish Ships, flaying all the men therein. But the London ships meeting with the other Danish Pirates, as they were flying, fought with them, slew many thousands of the Danes ; and took Duke Alfric his Ship, with the Soldiers and Arms, himself hardly escaping, as Wigorniensis and Matthew Westminster relate. But Huntind. & Brompton, write, that the Danes recruiting their Navy, met and fought with the kings Navy, slew many of the Londoners, triumphantly took whole armed Ships, and Duke Alfric who was in them; whom the king should not have trusted, according to the ancient saying: Quem semel graviter laeseris, non facile tibi fidelem credideris. For this Treason of Alfric, the king cau • ed the Eyes of his Son Algar to be put out, Un • e odium & infamia e • us • rudelitatis adaucta est, as Hunti • don and others observe.

The next year 993. the Danish Fleet entering Humber, wasted the Country of Northumberland and Lindesey, burning the Villages, slaying the people, and pillaging their goods. Whereupon great multitudes of the people of tha • Country, assembling together, resolved and hastened to sight with them: but when they were ready to gi • e • hem battle, Frena, F • ithgist and Godwin their Captains, being of Danish Progeny • proving treacherous to their followers, persuaded them to fly, and fled first themselves. Notwithstanding the Country (as Malmesbury, Speed, and others write) being unable to digest their intolerable insolence and plunders, fell upon the Danes, slew many of them, and chased away the rest to defend their Lives, Liberties, and Estates.

Anno 994. Swane king of Denmark • and Anlafe king of Norway with 94 Ships sailed up to London, besieged and • iercely assaulted the City, thinking to take it; but the Citizens so manfully defended it, that they repulsed the Danes thence with great loss. Who thereupon turning their fury upon the Coun • ies of Essex, Kent, Sussex, and Southampton, so grievously wasted them with fire and sword, burning the Villa • es, and slaying the Inhabitants, that King Æthelred, Concilio Procerum suorum, by the Council of his Nobles (a •• embled together for that end, as Wigorniensis Matthew Westminster, Howden, Simeon Dunelmensis and others write) sent Ambassadors to them, promising to give them Tribute and Wages, and Money, upon this condition, that they should desist from their cruelty. Who thereupon condescending to the kings request, returned to their Ships, and drawing all their Army together unto Southampton, wintered there: To 〈1 page duplicate〉 〈1 page duplicate〉 whom a Tribute of fixteen thousand pounds, was given and paid out of all England, that they shou • d cease from their rapines and slaug • ters of innocent persons. Af • er t • is agreement King Anlaf • epaired to Andover, to King Et • elred, where he received bapti • m, Æthelred being his Godfather: and bestowing great gifts upon him; Hereupon Anlaf entered into a League with him, promising, to return into his own Country, and never after to r • turn into England with an Army ; Which promise he faithfully observed. The Articles of the Agreement between King Æthelred and him, are at large recorded in the Chronicle of Brompton, Col. 899 • 900. being made by advice of all his Wisemen as • embled in a Parliamentary Council, as this Title to them intimates. Haec sum verba Pacis et Prolocutionis, quas Ethelredus Rex et omnes Sapientes ejus cum exercitu sirmaverunt, qui cum A • a • an • , • t Justino, et Gudermundo Stegiari filion venit. The Articles of the Peace between them are X. in the Saxon, but XI. in the Latin Copy.

The perfidious Danes violating their former agreement, Anno 997. came with a great Fleet and Army into the mouth of Severn, wasted and laid waste and desolate Northwales, and most of the West and South parts of England, no man resisting them, gaining an extraordinary great booty and Wintring about Tavestock. The next year 998. They entering the river of Frome, wasted and spoiled Dorsetshire, the Isle of Wight, and Sussex over and over, living upon their spoils: whereupon the English many times assembled an Army to resist and expel them; but so often as they were about to give them battle, Angli aut insidiis, aut aliquo infortunio impediti, terga verterunt, et hostibus victoriam dederunt ; most of the Nobles of England secretly favoring the Danes, and not loving Æthelred, quia Alfrida mater sua pro ipso liberius in regno substituendo, sanctum Edwardum fratrem suum dolose • xtixxerat, as Brompton and others atte • . Anno 999. The Danish • leet entering the river of Medway, besieged Rochester, and wasted Kent. The Kentish men uniting their forces fought a sharp battle with them, wherein many were slain on both sides, but • he Danes winning the field, horsed their foot on the horses they gained, and miserably wasted all the West part of Kent. Which King Æthelred being inform • of, suorum Primatum Consilio et classem et pedestrem congregavit exercitum ; by the advice of his Nobles, • e assembled a Navy and foot Army to encounter them. But whiles the ships were preparing, the Captains of the Army delaying from day today their begun le • yes and undertakings, Grievously vexed the People. In conclusion, neither the Navy nor Army • id anything at all for the people's benefit or defense, prae • er populi laborem, pecuniae pe • ditionem, hostium incitationem, as Florentius Wigorniensis, Roger Howden, and others observe.

Hereupon King Æthelred, Anno 1000. for the better defense of his Realm, resolved to take to wife Emma daughter of Richard Earl of Normandy, who was then most valiant, and formidable to the whole Realm of France : For he saw himself and his Subjects very much weakened, and did not a little fear their future overthrow. Hoc autem Dei nutu factum esse constat, ut veniret contra improbos malum. Genti enim Anglorum quam sceleribus suis exigentibus disterminare proposuerat, sicut et ipsi Brittones peccatis accusantibus humiliaverant, Dominus omnipotence duplicem contritionem proposuit, et quasi militares insidias adhibuit. Scilicet, ut hinc Dacorum persecutione saeviente, illinc Normannorum conjunctione accrescente, si ab Dacorum manifesta fulminatione evaderent, Normannorum improvisam cum fortitudine cautelam non evaderent. Quod in sequentibus apparuit, cum ex hac conjuntione Regis Anglorum, et filiae Ducis Normannorum, Angliam, JUSTE, secundum jus Gentium Normanni et calumniati sunt, et adep • i sunt. Praedixit etiam eis quidam vir Dei, quod ex scelerum suorum immanitate, non solum quia semper caedi et proditioni studuebant, verum etiam quia semper ebrietati et negligentiae domus Domini dediti erant, eis insperatum à Francia adventurum Dominium; quod et eorum excellentiam in aeternum deprimeret, et honorem sine termino restitutionis eventilaret. Praedixit etiam, quod non ea gens solum, verum et Scottorum, quos vilissimos habebant eis ad emeritam confusionem dominaretur. Praedixit nihilominus varium adeo seculum creandum, ut varietas quae in mentibus hominum latebat, et in actibus patebat, multimoda variatione vestium et indumentorum designaretur. Hac igitur providentia cum Legatoriis ad Ducem Normannorum missis, Rex Anglorum suae petitionis concessionem obtinuisset, Statuto tempore tanto digno ministerio ad Dominam suam recipiendam et adducendam Proceres Anglorum mittuntur in Normanniam, quae longo et digno regibus apparatu dirigentur in Angliam. Thus Henry Archdeacon of Humindon, Radulphus Cistrensis, Brompton, and others out of them, • rite of this Norman match, as the groundwork of translating the Goverment in succeeding times from the Saxons to the Normans, for the Saxons sins forenamed.

This same year, the Danish Fleet sailing into Normandy and pillaging it, King Æthelred hearing o • it, marched with a great Army into Cumberland and the Northern parrs, which had revolted to the Danes, and where their greatest Colony was; where he vanquished the Danes in a great battle, and wasted, pillaged most of all the Country. Which done, he command • d his Navy to sail round about the North parts of Wales, and to meet him at an appointed place, which by reason of cross winds they could not do: yet they wasted and took the Isle of Man ; which success somewhat raised and encouraged the dejected spirits of the English, and increased the Kings reputation with them.

In the years 1001. The Danish Fleet returning from Normandy, entered the river of Ex, and besieged Exceter: which the Citizens manfully defending, repulsed them with great loss from their walls. Wherewith they being extremely enraged, marched through all Devonshire, burning the villages, was • ing the fields • and slaying the people, without distinction of age or sex, after their usual manner. Whereupon the inhabitants of Devon, Somerset, and Dorsetshires, uniting their forces in a Body in a Place called Pe • ho, gave them battle: but being overpowered by the multitude of the Danes, who far exceeded them both in number and military skill, they were forced to • lie, and many of them slain. The Danes thereupon getting their horses, harrowed Devonshire • arr worse than before, and returned with a great booty to their ships: Whence steering their co • rse to the Isle of Wight, they preyed sometimes upon it, sometimes upon Hampshire, other times upon Dorsetshire, no man resisting them. Destroying the men with the sword, and the Villages and Towns with fire, in such sort, ut cum illis nec classica manus navali, nec pedestris exercitus certare audeat praello terrestri: for which cause the King and People were overwhelmed with unspeakable grief and sadne • s. In this sad perplexity, King Æthelred, Anno 1002. Habito consilio cum regni sui Primatibus (as Florentius Wigorniensis, Simeon Dunelmensis, Radulphus de Dicet • , Roger Howden, and others express it; or Consilio Primatum suorum, as Mat. Westminster and his follow • rs relate i • : • By the Counsel of the Nobles of his realm, (assembled together for this purpose at London ) reputed it beneficial for him and his people to make an Agreement with the Danes, and to give them a Stipend, and Pacifying Tribute, that so they might cease from their mischiefs. For which end Duke Leofsi was sent to the Danes, • ho coming to them, importuned them, that they would accept of a Stipend and Tribute. They gladly embracing his Embassy, condescended to his request, and determined how much Tribute should be paid them for to keep the peace. Whereupon • oon after A Tribute of 24000 pounds was paid them, pro bono Pacis, for the good of Peace.

In this Assembly and Council, (as I conjecture) King Æthelred informed his COUNSELLERS, who instructed him both in divine and human things, with the slothfulness, negligence, and vicious lives of the Secular Priests throughout England, and by their advice thought meet to thrust them out, and put Monks in their places, to pour forth prayers and praises to God for him and his people in a due manner. Whereupon he confirmed by his Charter, the ejection of the Secular Priests out of Christ's-Church in Canterbury, and the introduction of Monks in their places; and ratified all the lands and privileges formerly granted them; exempting the Monastery and Lands thereof from all Secular services, except Expeditione, Pontium operatione, et Arcium reparatione. Beseeching and conjuring all his lawful Successors, Kings, Bishops, Earls, and people, that they should not be, Ecclesiae Christi Praedones, sed sitis Patrimonii Christi defensores seduli, ut vita et gaudio aeternis cum omnibus Dei sanctis in aeternum fru • mini. Which Charter was ratified by the Subscriptions of the King, Archbishop, Bishops, Abbots, and of several Aeldermen, Nobles, and Officers, and the sign of the Cross. This year Duke Leofsi slaying Esric a Nobleman, the Kings chief Provost, was judicially banished the Realm by the King for this offense.

After this Peace made with the Danes, Anno 1002. Emma arriving in England, received both the Diadem and name of a Queen; whereupon King Æthelred puffed up with pride, seeing he could not drive out the Danes by force of arms, contrived how to murder and destroy them all in one day by Treachery at unawares, either by the sword or by fire; because they endeavored to deprive him and his Nobles both of their Lives and the Realm, and to subject all England to their own Dominion: The occasion, time, and manner of whose sudden universal Massacre is thus related by Mat. Westminster, An. 1012. (though acted An. 1002. as all accord) and by Mr. Fox and others. Huna General of King Ethelreds Militia, a valiant warlike man, who had taken upon him the managing of the affairs of the Realm under the King, observing the insolency of the Danes, who now after the peace made with them, did so proudly Lord it through all England, that they presumed to ravish the wives and daughters of Noblemen, and everywhere to expose them to scorn; by strength caused the English husbandmen to soil and sow their land, and do all vile labor belonging to the House, whiles they would sit idly at home, holding their wives, daughters, and servants at their pleasure; and when the husbandmen came home, they should scarcely have of their own, as his servants had: So that the Dane had all at his will and fill, faring of the best, when the owner scarcely had his fill of the worst. Thus the common people being of them oppressed, were in such fear and dread, that not only they were constrained to suffer them in their Doings, but also glad to please them, and called everyone of them in the House where they had rule, LORD DANE, &c. Hereupon Huna goeth to the King much perplexed, and makes a lamentable complaint to him concerning these things. Upon which the King being not a little moved, by the Counsel of the same Huna, sent Letters (or Commissions) unto all the coasts of the Realm, commanding all and every of the Nation, that on one day after, to wit, on the Feast of St. Brice the Bishop, all the Danes throughout England should be put to death by a secret Massacre, that so the whole Nation of the English might all jointly and at one tim • be freed from the Danish Oppression. And so the Danes, who by a firm covenant, sworn unto by both sides a little before, ought to have dwelt peaceably with the English, were too opprobriously slain, and the women with their children being dashed against the posts of the houses, miserably poured out their souls. When • herefore the sentence of this decree was executed at the City of London without mercy, many of the Danes fled to a certain Church in the City, where all of them were slain without pity, standing by the very Altars themselves. Moreover, that which aggravated the rage of this persecution, was the death of Guimild, Sister of King Swain, slain in this manner in England: she was lawfully married to Count Palingers, a Noble man of great power, who going into England with her husband, they both there received the faith of Christ and Sacrament of baptism: this most prudent Virago being the mediatrix of the peace between the English and Danes, gave herself with her husband and only son, as Hostages to King Æthelred for the security of the peace, she being delivered by the King to that most wicked Duke Edric to keep, that Traitor within few days after commanded her husband, with her son, to be slain before her face with four spears, and last of all commanded her to be beheaded. She underwent death with a magnanimous mind, without fear or change of countenance; but yet confidently pronounced as she was dying, That the shedding of her blood would bring great detriment to England.

Henry Huntindon thus relates the story of this Massacre. In the year 1002. Emma the Jewel of the Normans came into England, and received both the Diadem and name of a Queen; with which match King Æthelred being puffed up with pride, bringing forth perfidiousness, caused all the Danes who were with peace in England, to be slain by clandestine Treason on one and the same day, to wit on the feast of St. Brice, concerning which wickedness we have heard, in our infancy some honest old men say; that the said King sent secret Letters into every City, according to which the English on the same day and hour destroy • all the Danes, either cutting off their heads, without giving them warning, with swords, or taking an • burning them suddenly • ogether with fire. Vbi fuit videre miseriam, dum quisque charissimos hospites, quos etiam arctissima necessitudo dulciores effecerat, cogeretur prodere, et amplexus gladio deturbare, writes Malmesbury.

The News of this bloody Massacre of the Danes, being brought into Denmark to King Swain by some Youths of the Dan • sh Nation who e • caped and flee • out of England in a ship, moved him to tears, Uocatisque cunctis Regni Principibus, W • o calling all the Princes of his Realm together, and relating the whole series of what was acted to them; he diligently inquired of them, what they would advise him to do? Who all crying out together, as with one mouth, DECREED, That the blood of their Neighbors and Friends was to be revenged. Where upon Swain, a cruel man, prone to shed blood, animated to revenge, by his Messengers and Letters commanded all the Warriers of his Kingdom, and charged all the soldier • in • orein Regions, greedy of gain, to assist him in this expedition against the English, which they cheerfully did, he having now a fairer show to do foully than ever, wrong having now made him a right of invasion, who had none before.

Anno 1003. King Swain arriving with a great Navy and Army in England, by the negligence and treachery of one Hugh a Norman, whom Q • een Emma had made Earl of Devonshire, took and spoiled the City of Exeter, rased the wall thereof to the ground, and burnt the City to ashes, returning with a great prey to his ships, leaving nothing behind them but the ashes. After which wasting the Province of Wiltshire : a strong Army congregated out of Hamshire and Wiltshire, went wi • h a resolution manfully and constantly to fight with the Enemy; but when both Armies were in view of each other, ready to join battle, Earl Edric their General (a constant Traitor to his Country, and secret friend to the Danes ) feigned himself to be very sick, and began to vomit, so that he could not possibly fight. Wh • re upon the Army seeing his slothfulness and fearfullness, departed most sorro • full from • heir Enemies, without • ighting, being disheartened by the Cowardice of their Captain: Which Swane perceiving, he marched to Wilton and Sarisbery, which he took, pillaged, and burnt to the ground, returning with the spoil to his Ships in triumph.

The next year Swane (to whom God had designed the kingdom of England, as some old Historians write) sailing with his Fleet to Norwich, pillaged and burnt it to the ground. Whereupon Ulfketel, Duke of East-England, • man of great valor, seeing himself surprised, and wanting time to raise an Army to resist the Danes, cum Majoribus East-Angliae habito Consilio, taking Coun • el • ith the Great men of East- England, made peace with Swane ; which he treacherou • lie breaking within three weeks after, suddenly issuing out of his ships, surprised, pillaged, and burnt Thetford to the ground; and covering the C • untry like Locusts, spoiled all things, and slaughtered the Country-men without resistance. Which Duke Ulfketel being informed of, commanded some of his Country-men to break his ships in pieces, in his absence from them; which they not dared, or neglected to do, and he in the mean time raising an Army with as much speed as he could, boldly marched against the Enemy, retu • ning with great booties to their Ships; where after a long and sharp encounter on both sides, the English being over-powered by the multitude of the Danes, were totally ro • ted, and all the Nobles of East-England there slain in their Countries defense, who fought so valiantly, that the Danes confessed they had never an harder or sharper battle in E • gland than this. The great loss the Danes sustained in it, though they got the • ield, and an extraordinary • amine in England the year following, greater than any in the memory of man, caused Swane to return into Denmark to refresh and recruit his Army.

King Æthelred quit of these Enemies, Anno 1006, deprived Wulfgate the Son of Leonne, whom he had loved more than all men, of his • ossessions and all his honors, propter injusta judicia, for his unjust judgments and proud works; and likewise commanded the eyes of the two Sons of that Arch-Trait or Edric Streona to be put out at Cocham, where he kept his Cour • , because Edric had treacherously enticed a bloody Butcher, Godwin Porthound (whom he corrupted with great gifts) to murder the Noble Duke Althelin at Scoborbyrig, as he was hunting, whom Edric purp • s • lie invited to a Feast, that he might thus treacherously murder him. While these things were acting, in the month of July, the Danes returning with an innumerable Navy into England, landing at Sandwich, consumed all things with fire and sword, taking great booties, sometimes in Sussex, sometimes in Kent : Whereupon King Æthelred gathered a great Army out of Mercia and the West-parts of England, resolving valiantly to fight with the Da • es ; who declining any open fight, and returning to their Ships, landed sometimes in one place, sometimes in another, and so pillaging the Country, returned with the booty to the Ships before the English Army could encounter them, which they vexed all the Autumn in marching after them from place to place to no purpose: The English Army returning home when Win • et began to approach, the Danes with an extraordinary booty sailed to the Isle of Wight, where they continued till the Feast of Chri • ts Nativity, which Feast they turned into sorrow. For then they marching into Hampshire and Berkeshire, pillaged, and burnt down Reading, Wallingford, Colesey, Essington, and very many Villages, Quocunque enim perag • bant, quae parata erant hilariter comedentes, cum discederent in retribu • ionem procurationis reddebant hospiti caedem, hospitio flammam, as Huntindon, Brompton, and others story. As they were returning another way to their ships with their booty, they found the Inhabitants ready to give them battle at Kenet ; whom the Danes presently fighting with, and routing, returned wi • h triumph to their ships, enriched with the new s • oils of the routed English.

King Æthelred lying all this time in Shropshire, unable to resist the Danes, Anno 1007. cum Consilio Primatum suorum (as Florentius Wigorniensis, Simeon Dunelmensis, Polyc • ronicon, and others express it) by the Counsel of his Nobles, sent Messengers to the Danes • commanding them to tell them, quod sumptus et Tributum illis dare vellent, that they wou • d give • hem Co • ts and Tribute, upon this Condition; That they should desist from rapines, and hold a firm peace with them ; to which request they consented • and from that time Costs were given them, and a Tribute paid them of thirty six thousand pounds out of a • l England, Henry Hun • i • don, & Br • mton, thus rela • e the business. Rex et Senatus Anglorum, dubii quid agerent, quid omitterent, communi deliberatione, gravem conventionē cum exercitu fecerunt, & ad pacis observationē 36000 mil. librar. ei dederunt. A clear evidence that this Agreement and Peace was made, and money granted and raised in England, by common advice & consent in Parliament (or Council) In • renduit Anglia to • a velut arundinem Zephiro vibrante collisum. Unde Rex Ethelredus confusion magna consternatus, pecunia pacem ad tempus, quam armis non potuit, adquisivit, writes Matthew Westminster. Rex Anglorum Ethelredus, pro bono pacis Tributum 36 mil. librarum pers • lvit Dacis, as Radulphus de Diceto words it. After which the King this year made Edric, (aforementioned) Duke of Mercia ; and that by the Providence of God, to the destruction of the English, a man of base parentage, but extraordinary crafty, eloquent, witty, and inconstant, surpassing all of that age in envy, perfidiousness, pride, cruelty and Treason, who soon after married the Kings daughter Edith : whereby he had the better opportunity to betray the King and kingdom, with less suspicion.

King Æthelred, though often vexed with the wars and invasions of these foreign Enemies, yet he had a care to make good Laws for the benefit, peace and safety of his people; whereupon, having thus made Peace with the Danes, An. 1007. he summoned and held a Great Parliamentary Council at Aenham, on the Feast of Easter, at the exhortation of Aelfeag Archbishop of Canterbury, and Wulstan Archbishop of York, who together with the rest of the Bishops, and all the Nobles of England were present at it. Regis Aethelredi Edicto concrepante acci • i sunt convenire. Where they all 〈…〉 de catholicae cultu Religions reparando deque etiam rei statu publicae reparando vel consulendo, plura et non pauca, utpote divinitus • inspirati, ratiocinando sermocinabantur. In this Council they debated, resolved on divers things, and enacted many wholesome Laws and Edicts for the reformation and settling of Religion, and Churchmen, the advancement of God's worship; the Government of the Church and State, the advancement of civil Justice and honesty, and defense of the Realm by Land and Sea, beginning with the things of God and the Church in the first place; which you may read at large in Sir Henry Spelman. Some Laws whereof I shall here transcribe, being very pertinent to my subject.

Cap. 5.

Cap. 6.

Cap. 7.

Cap. 9.

Cap. 21.

Cap. 22.

Cap. 23. De Navali Expeditione sub Paschate.

So one translation out of the Saxon Copy reads it: but another thus.

Cap. 24. De Militiam de • ractante.

These three last Laws most clearly demonstrate, that the Militia and Military affairs of this age, with all their Provisions of Arms, Ships for defense of the Realm by Land and Sea, against the invading Danes, and other Enemies, with their Military Laws, and all other apurtenances thereto belonging, were ordered and settled in their General Councils by common consent.

Cap. 26.

Cap. 27.

Cap. 29.

Cap. 32.

The Invasions and Oppressions of the Danes, excited both the King, his Prelates and Nobles, in this Great General Council, not only to provide for their necessary defense against them by Land and Sea, but likewise to enact good Laws for the advancement of God's worship and service, the good Government of the Republic, the advancement of Justice, and Righteousness, the suppression of all Oppressions, Injustice, wickedness, and preservation of the Just Rights and Liberties both of the Church and People; as the most effectual means to unite and preserve them against the Common Enemy, and to remove God's wrath and judgments from them, as the other Statutes and Decrees of this Council more fully resolve, which you may peruse at leisure.

About the same year, (as I conjecture) or not long after King Æthelred having some brea • hing time from wars by his Peace concluded with the perfidious Danes, h • ld three other great Parliamentary Councils, the first at Woodstock, the second at Venetyngum, the third at Haba, wherein He and his Wisemen made and published many excellent Civil and Ecclesiastical Laws, for the Good Government, Peace, Welfare and happiness of his People, recorded at large in Brompton, Lambard, and Spelman, where you may read them. I shall insert only 3 of them at Venetingum (Wantige, as some take it.)

Cap. 4. Habeantur placita in singulis Wapentakis, ut exeant seniores 12 Thayni & Praepositus cum e • s, & jurent super sanctuarium quod eis dabitur in manus, Quod neminem innocentem velint accusare, vel noxium concelare.

Cap. 23. A • Bilynggesgate si advenisset una navicula, unus obolus Thelonii dabatur: si major & habet siglas, 1 d. si adveniat Ceol, vel ulcus, & ibi jaceat 4 d. ad Thelonium dentur. De navi plena lignorum, unum lignum ad Theloneum detur. In ebdomada panum Theloneum detur 3 diebus, die Dominica, die Martis, & die Iovis. Qui ad Pontem veniat cum Bato ubi piscis inest, unus ob: dabatur in Theloueum, & de majori Nave 1. d. Homines de Rothomago qui veniebant cum vino vel craspisce, Flandrenses & Pontrienses, & Normannia & Francia monstrabant res suas, & extolneabant. Hog, & Leodium, & Nivella, qui per terras ibant, osten • ionem dabant et Theoloneum. Et homines Imperatoris qui veniebant cum navibus suis bonarum legum digni tenebantur, sicut & nos emere in suas naves: Et non lic • bat eis aliquod Forcheapum facere burhmannis, & dare Theoloneum suum. Et in sancto natali Domini duos Grisingos pan • os, & unum Brunum, & 10 libras Piperis, & cirotecas 5 hominum, et duos cabillinos, colennos aceto pl • nos, & totidem in Pasca: de Dosseris cum Gallinis, • na Gallina Thelon. & de uno Dosseto cum Ovis, 5 Ova Theolon. Si veniat ad Mercatum, mongestre, Sinere qui mangonant in Caseo & Butiro 14 diebus ante Natale Domini, 1. d. & 7 diebus post Natale Domini, Unam alium denarium ad Theloneum.

Cap. 24. Si Portireu vel Tungravia, vel alius Praepositus compellat aliqu • m quod Theolon. supertenuerit, & • omo respondeat • quod nullum Theloneum concelaverit quod juste debuit, juret hoc se sexto, & sit quietus. Si app • llet quo a Theolonium dederit, inveniat cui dedit, & qu etus •• t. S • • unc hom • nem invenire non posset cui dedit, reddat ipsum Theloneum, et persolvat 5 l. Regi. Si Cacepollum advoce • , quod • i Theoloneum dedit, & ill neget, perneget ad dei • ud • cium, et in nulla alia lada.

These are the first Laws • (to my remembrance) wherein there is any mention of Toll, Tribute, or Custom, paid by any Natives or Foreigners for goods or merchandise imported or sold; or any forfeitures or pen • lty imposed for concealing or non-payment thereof, which it seems were imposed about this time by common consent in a Parliamentary Council, for the better maintenance of the Navy, and defense of the Realm against the Danes, the end for which I cite them.

The King having thus in the Great Councils of Aenham and Wantige, by consent of his Nobles and Wisemen, provided a Navy to be annually set out for the defense of the Realm, in pursuance thereof the selfsame year (as our Historians jointly attest) commanded one ship to be built, and furnished out of every 310 Hides, or Ploughlands, and a Buckler & Helmet out of every 9 Ploughlands, throughout his Realm. The ships being accordingly provided, the King victualled and placed chosen Soldiers in them, and assembled them all together to the port of Sandwich, that they might defend the Coasts of the kingdom from the irruptions of Foreigners. An. 1009. Puppes praedictae congregatae sunt apud Sandwic, & viri optime armati, Nec fuit tantus numerus Navium tempore alicujus in Britannia, writes Henry Huntindon. But yet God • rus • rated and blasted all their designs, beyond expectation: For about, or a little before this time, Brithiricus a slippery ambitious proud man, brother to perfidious Duke Edric, injuriously accused Wulnoth, a Noble young man of Southsex to the King, whose servant he was; who thereupon banished him. Wulnoth upon this fled away, lest he should be apprehended, and having gotten 20 Ships, exercised frequent Piracies upon the Sea Coasts. The Kings Navy being thereof informed, and that any man who would might easily take him, Brithtric hereupon, to get praise to himself, took 80 of the Kings Ships with him, and promised to bring Wulnoth alive or dead to the King. When he had prosperously sailed a long time in pursuit of him, a most violent tempest suddenly arising, shattered and bruised all the ships, driving them one against another, and forced them to run ashore upon the dry land, with great loss, where Wulnoth presently coming upon them, fired and burnt them all. The rest of the Navy discontented with this sad news, returned to London: The Army likewise then raised was dispersed, Et sic omnis labor Anglorum cassatus est, writes Huntindon : or, as Wigorniensis and others express it, Sicque totius populi maximus labor per • t, to their great grief and disappointment. Upo • this disaster, in the time of Harvest, Earl Turkel a Dan • arrived with a great new Fleet of Danes, and • n innumerable Army at Sandwich, whom another great Navy of Danes under the command of Hemmingus, Erglaf • , & Tenetland followed in the Moneth of August. These all joining together marched to Canterbury, assaulted, made a breach therein, and were likely to take it. Whereupon the Citizens and Inhabitants of East-Kent were enforced to purchase a firm peace wi • h them, ar the sum of 3000 pounds; which being paid, they returning to their ships pillaged the Isle of Wight ; with the Counties of Sussex and Southampton, near the Sea-Coasts, burning the Villages, and carrying away great booties thence. King Æthelred upon this, raised and collected a great Army out of all England, placing forces in all Counties near the Sea, to hinder the Danes landing and plundering. Notwithstanding they desisted not, but exercised rapines in all places where they could conveniently land. At last, when they had straggled further off from their Ships than they accustomed, and thought to have returned laden with spoils, the King with many thousands of Soldiers intercepting their passage, resolved to die, or to conquer them. But perfidious Duke Edric, by his treacherous and perplexed orations, endeavored to persuade the King and Soldiers, not then to give the Enemies battle, but to suffer them to escape at that time. Suasit & persuasit. And thus, (like a Traitor to his Country, as he ever had been) he then delivered the Danes out of the Englishmens hands, and suffered them to depart with their booty, without resistance. The Danes a • ter this taking up their Winter quarters in the River of Thames, maintained themselves with the spoils they took out of Essex, Kent, and other places on both sides of the River, and oft times assaulting the City of London, attempted to take it by assault, but were still valiantly repulsed by the Citizens with great loss.

In Ian. 1010. the Danes • allying out of their Ships, marched through Chiltern Forest to Oxford, which they pillaged and burnt, wasting the Country on both sides the Thames in their return. Being then informed that there was a great Army raised and assembled against them in London, ready to give them battle; thereupon that part of the Danish Army on th • Northside of the Thames, passed the River at Stanes, and there joining with those on the South-side, marched in one body to their Ships through Surrey, laden with spoils, refreshing themselves in Kent all the Lent. After Easter they went into the East parts of England, marching to Ringmere near Ipswich, where Duke Ulfketel resided. On the first of May they fought a set battle with him, where, in the heat of the battle the East-English turned their backs on Turketel a Dane, beginning the fight: but the Cambridgeshire men fighting manfully for their Country and Liberty, resisted the Danes a long time, but at last being overpowered with multitudes, they likewise sle • ; Many Nobles and Officers of the King, and an innumerable multitude of people were slain in the fight. The Danes gaining the victory, and thereby East-England, turned all Horsemen, and running through the Country for three Months space, burnt Cambridge, Thetford, with all the Towns and Villages in those parts, slew all the people they met with, as well Women and Children, as Men; tossing their very Infants on the tops of their Pikes, wasted, pillaged all places, killing the Cattle they could not eat, and with an infinite rich booty their Footmen returned to their ships. But their Horsemen marching to the River of Thames, went first into Oxfordshire • , and from thence into Buckingham, Hertford and Bedford Shires, burning Villages, and killing both Men and beasts, and wholly depopulated the Country; then they retired laden with very great booties to their ships. After this, about the Feast of St. Andrew they rambled through Northamptonshire, burning and wasting all the Country, together with Northampton itself; then marching Westward into Wiltshire, they burnt, pillaged, depopulated the Country, leaving all those Counties like a desolate Wilderness, there being none to resist or encounter them after their great victory at Ringmere.

The Danes having thus wasted and depopulated East. England, Essex, Middlesex, Hertford, Buckhingham, Oxford, Cambridge Shires, half Huntindonshire, most of Northamptonshire, Kent, Surrey, Sussex, Southampton, Wiltshire, and Barkshire, with Fire and Sword. King Æthelred, et Regni sui Magnates, and the Nobles of his Realm, thereupon sent Amba •• adors to the Danes, desiring peace from them, and promising them Wages and Tribute, so as they would desist from depopulating the Realm. Which they upon hearing the Ambassadors consented to, yet not without fraud and dissimulation, as the Event proved. For although provi • ions and expenses were plentifully provided for them, and Tribute paid them by the English according to their desires, ye • they desisted not from their rapines, but marched in Troops through the Provinces, wasting the Villages everywhere, spoiling most of the miserable people of their goods, and some of their lives. At last, not satisfied with rapine and bloodshed, between the Feasts o • St. Mary and St. Michael, they besieged Canterbury, (contrary to their dear bought peace) and by the treachery of Archdeacon Almear took the City, which they pillaged and burnt to the ground, together with the Churches therein, burning some of the Citizens in the fire, slaying others of them, casting many of them headlong over the Walls, dragging the Women by the hair about the streets, and ravishing, and murdering them. After which they decimated the Men, Women, Monks, and little Children that remained, leaving only the tenth of them alive, and murdering the rest, slaying no less than 900 Religious persons, and above 8000 o •• ers in this manner, as some of our Historians relate. Mr. Lambard in his Perambulation of Kent, computeth, that there were massacred 43. thousand and two hundred persons in this Decimation, there being only 4 Monks, and 4800 Lay-people saved alive. The Archbishop Alfege they took prisoner, bound in chains, buffeted, grievously wounded, and then carried to their Fleet, where they kept him prisoner 7 Moneths. At last they propounded to him, that if he would enjoy his life and liberty, he should pay them 3000 pounds for his ransom: which he refusing to do Week after Week; prohibiting any others to give them anything for his ransom, they were so enraged with him, that bringing him forth publicly to their Council at Greenwich, they struck him down to the ground with their battle Axes, Stones, and the Bones and Heads of Oxen, and at last one Thrum, (whom he had confi • med but the day before) moved with an impious piety, cleft his head with an Axe, and so martyred him. The Londoners hearing of it, purchased his dead corps with a great sum of money, and honou • ably interred it: But above 2000 of these bloody Villains were in short time after destroyed wi • h grievous diseases. Whiles these things were acted by the Danes in Kent. Anno 1012. perfidious Duke Edric et omnes cujuscunque Ordinis et Dignitatis Primates Congregati, and all the Nobles of every Order and Dignity a •• embled together at the City of London continuing there til they had levied and • aid to the Dane • a Tibute of forty (as some) or forty eight thousand pounds (as others write) upon this condition; That all the Danes within the Realm should have everywhere a peaceable habitation with the English, and that there should be, as it were, one Heart, and one Soul of both people (as Matthew Westminster, Daniel, and some others record the Agreement.) Which Accord being ratified on both sides with Pledges and Oaths (as Matthew Westminster and others relate,) King Swain (as some Historians write, though others mention not his being here in person, but only by his Commanders) returned into his own Land, and so • he rage of the Danish persecution ceased for a short space. Upon this agreement 45 of the Danish ships under the command of Turkill the Danish General, submitted themselves to King Æthelred, promising, That they would defend England against strangers and foreign invasions, upon this con • dition, that the English should find them victuals and clothes. Henry Huntindon censures this accord, with the Danes, as made overlate. Tun • vero Rex nimis sero pacem feci • cum Dacorum exercitu, dans eis 8000 (misprinted for 48000) librarum; nunquam enim tempore oportuno pax fiebat, donec nimia contritione terra langueret.

To what extremities King Æthelred was put to raise this and the other forementioned Tributes to the D • nes, and to pay his own Captains besides; and how much the Monasteries were taxed, oppressed, exhausted of all their moneys, pla • e, wealth by the King, his Officers and the Danes, during these wars, by force and menaces, this memorable passage of Abbot Ingulphus will best inform us, not mentioned by any other Historians, which I purposely reserved, as properest for this place.

By which passages it is apparent, what Taxes, exaction • , • re • sures the Monasteries and others suffered both from King Æthelred 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 Soldiers and Courtiers, by leases and monies, to protect them from utter ruin.

John • Speed affirms, That the Clergy as backward as any, denied to King Æthelred their assistance, pleading their exemp • ions from war, and privileges of the Church, when the land lay bleeding and deploring for help, and scandalized all his other proceedings for dema • ding their aids. But this passage of Abbot Ingulphus so near 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 Malmesbury, Radulphus Cistrensis, Mr. Fox, and others write. That King Æthelred had such a condition, that he would lightly dis-inherit Englishm • n 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 Danes yearly. Whereby he lost the affections of the people, who at last deserted him, and submitted themselves to the Danish Invaders, who usurped the Sovereign 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 Wisemen 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 judgments, and the invading, oppressing, bloody Danes, worthy perusal; yet pretended necessities and War, 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 sec • et instigation of Turkel the Dane (whom King Æthelred unadvisedly hired to guard him with his Danish shi • s from foreign Invasions) who sent him this Message, Angliam praeclaram esse patriam & opimam, sed Regem stertere illum Ven • re Vinoque studentem, nihil minus quàm bellum cogitare: Quapropter odiosum suis, ridiculum alienis, Duces invidos, Provinciales infirmos, primo stridore Lituorum proel • o cessuros, arrived at Sandwich with a great Fleet and Army of Danes, in the Mone • h of July ; where resting themselves a few days, he sailed round the East par • 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 Northumbria • s, 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, yielded themselves up to Swain without striking one stroke: and establishing a peace with him, • hey gave him Hostages for their loyalty, and swore Fealty to him as their Sovereign. 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 Swan • his Government; Non quod in eorum mentibus genuinus ill calor, & Dominorum impa • iens refrigueri • , s • d quod Princeps eorum Uthredus primus exemplum defectionis dederit. Whose example drew on all other parts. Illis sub jugum missis coeteri quoque omnes • opuli qui Angliam ab Aquilone inhabitant vectigal et obsides dederunt. A very strange and sudden change, conq • est, without a blow. Swain committing his Navy and Hostages to his son Cnut, raised chosen Auxiliaries out of the English, who submitted to him, and then marched against the Southern Mercians. Having passed Watlingstreet, he by a public 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 showing them any mercy, reserving only the Females to satisfy 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, immediately yielded, and made their peace with him; they and the whole Country giving him such and so many hostages as he desired, for his security, and likewise swearing allegiance to him. Only the Londoners defending their lawful King within their walls, shut the Gates against him. From Winchester Swain marched with great glory and triumph to London, endeavoring by all means, either to take it by force, or surprise it by fraud. At his first arrival he lost many of his Soldiers, who were drowned in the River of Thames through overmuch rashness, because they would neither seek for Bridge nor ford to pass over it. King Æthelred being then within the City, and having no other refuge, the Citizens closing their Gates manfully defended their lawful King and City against the assailants. Who encouraged with the hope of glory, and great booty, fiercely assaulted the City on all sides, but were all most valiantly repulsed by the Citizens, through the assistance of valiant Earl Turkel, then within it; the Danes sustaining great loss of men, who were partly slain, and partly drowned, the Citizens not only repulsing them from the Walls; but likewise • allying forth, and slaying them by heaps, so that Swain himself was in danger to be slain, had he not desperately ran through the midst of his Enemies, and by flight escaped their swords. Malmesbury thus writes of the Citizens, Oppidani in mortem pro Libertate ruebant, nullam sibi veniam futuram arbi • rantes • si Regem desererent, quibus ipse vitam suam commiserat. I • aque cum • trinque ac •• ter ce • taretur, Iustior causa victoriam habuit, Civibus magna ope conantibus, dum unusq •• sque sud •• es suos, Principi ostentare, et pro eo pulchrum putaret emori: Hostium pars prostrata, pars in flumine Thamesi necuta. Hereupon Swain despairing to take the City, marched with his torn shattered Army, first to Wallingford, plundering and demolishing all things they met with in their way • after • heir wonted manner, and at last they came to Bath ; where Ethelmere Earl of the West Country, with all his people came and submitted to him, giving him hostages for their loyalty. Having thus finished all things according to his desire, he returned with his Hostages to his Navy, being both called and reputed King by all the People of England ( London excepted si Rex jure queat vocari, qui fere cuncta Tyrannice faciebat, • ite Florence o • Worceste, & Simeon D • nelmensis ver • ca • e • o • sly. Nec adhuc flecterentur Londinenses tota jam Anglia in clientelam ejus inclinata, nisi Ethelredus praesentia eos destitueret sua: as Malmesbury observes.

King Æthelred being a man given to sloathfullness, and through consciousness of his own demerits, very fearful (deeming no man faithful to him, by reason of the tragical death of his Brother Edwaod, for which he felt this Divine revenge, not daring to raise an Army, not fight the Enemy wi • h it when raised, Ne Nobiles Regni quos unjust exhaeredaverat, lest the Nobles of the Rea • m, whom he had unju •• lie dis-inherited, should desert and deliver him up to the Enemy;) declining the necessity of war, and of a new siege, most un • orthily deserted the Londoners (his faithful valiant Subjects and Pro • ectors in the midst of their dangers & Enemies, • lying away secretly f • ō them to Hamshire, by secret journeys, from w • ence he sailed to the Isle of Wight. Hereupon the Londoners, Laudandi prorsus vi • i & quos Mars ipse collata non sperneret hasta, si Ducem habuissent, Cu • us dum vel sola umbra protegerentur totius pugnae, aleam, ipsam obsidionem etiam non paucis mensibus luserunt ) Seeing themselves thus unworthily deserted by their Sovereign in their extremities, moved by the example of the rest of their Countrymen, submitted themselves likewise to King Swain, sending Hostages to, and making their peace wi • h him; the rather, for that they feared Swains fury was so much incensed against them, for his former shameful repulses by them, that if they submitted not to •• m of their own accords, he would not only spoil them of all their goods, but likewise command either all their eyes to be pulled out, or their hands and feet to be cut off, i • he subdued them by force. John Speed (against the current of other Historians) informs us, That Swain after his repulse from London, having received a certain sum of money, went back into Denmark, for want of victuals, and to recruit his shattered Army, whence returning soon after, he was immediately met by the English, where betwixt them was struck a sore battle, which had been with good success, had not the Treason of some hindered it, in turning to the Danes. King Æthelred therefore seeing himself and the Land betrayed on this manner, to those few true English that were left, used this Speech as followeth.

After which Speech he and his Army retreated, and gave way to the prevailing Enemy.

Swain herepon settling all things according to his own will, when as he knew, that no man durst resist him, commanded himself to be called King of England, Dum non fuit alius qui pro jure regni decertare, vel se regem confiteri a • sus fuisset, as Matt. Westminster, and others write. Such a strange fear and stupidity was then fallen upon Æthelred and the whole English Nation. After this Æthelred privily departed from London to Hampton, and from thence to the Isle of Weight as aforesaid, where advising with the Abbots, and Bishops there assembled in Council, what course was best to steer, he spake thus unto them, the History whereof I shall fully relate in William of Malmesbury his words.

Hereupon he sends Emma his Queen and her children in the month of August into Normandy, accompanied with the Bishop of Durham, and Abbot of Burgh, where they are joyfully received by Duke Richard, who invites Æthelred himself to honor his Court with his presence; who thereupon in January following passeth over into Normandy and there solaceth his miseries with the courteous entertainment he there found. King Swane in the mean time provokes invaded England with ruins and slaughters, plays the absolute Tyrant, commands Provisions to be abundantly provided for his Army and Navy, et Tributum fere importabile solvi praecepit, and likewi • e commanded an insupportable Tribute to be paid: And the like in all things Earl Turkell the Dane, commanded to be paid to his Navy lying at Greenwich, hired by King Æthelred to defend the English from Foreigners; yet both of them as often as they pleased preyed upon and pillaged the Country besides, first polling the inhabitants of their goods, and then banishing them. Provincialium substantiae prius abreptae, mox proscriptiones factae. In this sad oppressed condition under their New Sovereign, to whom they had submitted themselves, both Nobles and people knew not what to do. Haesitabatur totis urbibus quid fieret: si pararetur rebellio, assertorem non haberent; si eligeretur subjectio, placido rectore careren • . Ita privatae et publicae opes ad naves cum obsidibus deportabantur. Quo evidenter apparet Swanum naturalem et legitimum non esse Dominum, sed atrocissimum Tyrannum, • s Malmesbury, Matthew Westminster, and others record. But God who is propitious to people in their greatest extremities, suffered not England to lie long fluctuating in so many calamities. For this barbarous Tyrant Swane, after innumerable evils and cruelties perpetrated in England and elsewhere, added this to the heap of his further damnation, that he Exacted a great Tribute out of the Town of St. Edmondsbury, Anno 1014. which none ever before presumed to do, since it was given to the Church wherein the body of the precious Martyr St. Edmond lieth intombed, all the lands thereof being exempted from Tributes. Beginning to vex the possessions of the Church, and threatening to burn the Town and destroy all the Monks unless they speedily paid him the Tribute he exacted, and using reproachful speeches against St. Edmond, as having no holiness in him, he was suddenly struck dead and ended his life on the Feast of the Purification of the blessed Virgin, Anno 1014. Our Monkish Historians record; That on the Evening of the day whereon he held a general Court at Ge • gnesburgh, • ei • erating his menaces against the Town, and ready to put them in execution, for not paying the Tribute demanded, he saw St. Edmond coming alone armed against him, whiles he was environed in the midst of his Danish Troops; whereupon he presently cried out with great affright and a loud voice; Help O fellow Soldiers, help, behold St. Edmond comes to slay me: and whiles he was thus speaking, being grievously wounded with a spear by the Saint, he fell off from his horse, and continued in great torment till night, and so ended his life, with a miserable death.

Swane being dead, the whole Navy and Nation of the Danes, Elected and made Cnut his son their King and Lord: Majores Natu totius Angliae ; The Nobles and Senators of all England • iking nothing • e • s than bondage, especially under such new tyrannizing foreign Intruders, thinking it now or never the time to shake of • their new yoke, pronounced their Natural Lord, to be dearer to them than any Foreiner, Si 〈◊〉 se quam consueverat ageret. Whereupon with unanimous consent, and great joy and speed they sent m • ssengers into Normandy to Æthelred to inform him; Nullum eo libentius se in Regem recepturos, si ipse vel rectius gubernare, vel mitius eos tractare vellet quam prius tractaverat: and to hasten his return unto them. Who thereupon presently sent over his son Edward, qui fidem Principum, favor • mque vulgi praesens specularetur: who together with his Ambassadors, assured both the Nobles and Commons of the English Nation; That he would for time to come be their mild and devout Lord, consent to their wills in all things, acquiesce in their Counsels, and if he had offended in any kind, he would reform it according as they should think • it, and with a ready mind pardon whatsoever had heed contemptuously or disgrace • ully spoken or acted by them, agai • st him or his, if they would all unanimously receive him again as their King into the Kingdom. To which they all gave a favorable and satisfactory answer: Whereupon a plenary reconciliation was ratified between them on both sides, both b • words and come • act. Moreover The Nobles unanimously and freely agreed and voted, That they would never more admit a Danish King into England to reign over them. The • e things conc • uded, King Æthelred speedily returns into England, where he was honourably and joyfully received by the English. And that he might seem to ca • t off his former slothfulness, he hastened to raise an Army against Cnut, who remaining with hi • Navy in Lindesey, made an agreement with the inhabitants, exacting men and horses from them, that he might surprise Æthelred at unawares, and threatening grievously to punish all such as revolted from him. But Cnut being taken in his own craft, ( Æthelred marching thither with a strong army before he was pro • ided to receive him) fled from thence with his Hostages, Army and Navy to Sandwich ; whereupon Æthelred depopulated all Lindesey, wasting the Country wi • h fire and sword, slaying all the Inhabitants (as Traitors to him and • heir Na • ive Country;) Cnut • by way of revenge, humano et divino Iure contempto in insontes grassatus, cuts o • f the hands and ears, and •• its the Noses of all the most Noble and beautiful Hostages throughout England, given to his father, and so dismissing them, sailed into Denmark to settle his affairs and augment his forces, resolving to return the year following. After his departure, King Æthelred this very year • Super haec omnia mala Classi quae apud Greenwic • acui • Tributum quod erat 30. millia librarum, pendi mandavit; to wit, to the Fleet under Turkell the Dane, who instead of defending, did but help to pillage and oppress the English: Huntindon wri • es, it was but 21 thousand pounds ; and Brompton avers • that it was Cnut, not Æthelred, who commanded it to be paid to his Navy. Soon after which, the Sea rising higher than it was accustomed, drowned an innumerable Company of Villages, people, and cattle.

After Cnutes departure, King Æthelred summoned a Parliamentaty Council at Oxford, Anno 1015. both of the Danes and English. Malmesbury expressly stiles it, MAGNUM CONCILIUM; Wigorniensis, Hoved • n, Sim. Dunelmensis, MAGNUM PLACITUM: Matthew Westminster and others, MAGNVM COLLOQUIUM ; our later English Historians, a Great Council and Parliament. The King by the ill advise of that Arch Traitor Duke Edric at this Great Council, commanded some Noble • of the Danes to be suddenly and secretly slain, quasi de Regia proditione notatos ac perfidiae apud se insimulatos, the chiefest of them were Sygeforth and Morcar, whom Edric, treacherously invited to his chamber, and there making them drunk, caused his armed guards there placed secretly to murder them, which they did. Hereupon their Servants endeavoring to revenge their Lord's deaths (being digniores et potentiores ex Scovengensibus ) they were repul • ed wi • h arms, and forced to sly into the Tower of St. Frideswides Church for safety; whence when they could not be forcibly expelled, they were all there burnt together. The King presently seised upon their lands and goods (the chief cause of their murder, as some conceived) and sent the relict of Sygeforth (a very Noble, beautiful and virtuous Lady) prisoner to Malmesbury : whither Edmond (the Kings base Son, as some affirm,) pos • ed without his fathers privity, and being enamored with her beauty, first carnally abused, then afterward married her; and by her advice forcibly invaded and seised upon the Lands of her husband and Morcar, which were very great, and the Earldom of Northumberland, which his father denied him upon his request: Whereupon all the Inhabitants of that County readily submitted to him. Whiles these things were acting, Cnut having settled his affairs in Denmark, and made a League with his neighbor Kings, recrui • ed his Army and Navy, and returned into England, with a resolution, either to win it, or to lose his life in the attempt. Ariving first at Sandwich, and sailing thence to the West, he pillaged Dorsetshire, Somersetshire, and Wiltshire, filling all places with slaughters and plunders. King Æthelred lying then sick at Cosham, his son Edmond Ironside, and Duke Edric, raised an Army against Cnut ; but when both their forces were united to fight him, the old perfidious Traitor Edric endeavored by all means to betray Edmond to the Danes, or treacherously to slay him; which being discovered to Edmond, thereupon they severed their forces from each other, and gave place to the Enemies without giving them battle. Not long after Edric enticing to him 40 of the Kings ships furnished with Danish Mariners and Soldiers, openly revolted, and went with them to Cnut, subjecting himself to his dominion as his Sovereign: by whose example all West-Sex submitted to him as their Kihg, delivering him hostages for their fidelity, resigning up all their arms to him, and providing both horse and arms for his Danish Army. The Mercians offered themselves alone to resist the Danes, but through the Kings slothfulness, the business of war received delay, and the enemies proceeded in their rapines without opposition.

In the year 1016. King Cnut, and treacherous Duke Edric, came with 200 sail of ships into the river of Thames, whence they marched by land with a great Army of horse and foot, and invaded Mercia in an hostile manner, burning all the Towns and Villages, and slaying all the men they met with in Warwickshire and other places; whereupon King Æthelred, (as Huntindon, Wigorniensis, and others record) made an Edict, Ut quicunque Anglorum sanus esset, secum in bello procederet, That every Englishman who was in health, should go with him in battle against the Danes. An innumerable multitude of people upon this assembled together to assist him: But when his and his son Edmond's forces were conjoined in one body, the King was informed, that some of his auxiliaries were ready to betray and deliver him up to the enemies, unless he took care to prevent it and save himself: and as some write, the Mercians refused to • ight with the West-Saxons and Danes ; whereupon the expedition was given over, and every man returned to his own home. After this Edmund Ironside raised a greater Army than before against Cnut, and sent Messengers to King Æthelred to London, to raise as many men as possible he could, and speedily to come and join with him against the Danes ; but he, for fear of being betrayed to the Enemy, presently dismissed the Army without fighting, and returned to London. Hereupon Ed • Ironside went into Northumberland, where some imagined he would raise a greater Army against Cnut the Dane ; but he and Vh • red Earl of Northumberland, instead of incountring Cnut, wasted the Counties of Stafford, Shrewsbury and Leicester, because they would not go forth to fight against the Danes Army, in defense of their Country and King. Cnut, on the other side wasting with fire and sword the Counties of Buckingham, Bedford, Huntindon, Northampton, Lincoln, Nottingham, and after that Northumberland : Which Edmond being informed of, returned to London to his Father, and Earl Uhtred returning home, being compelled by necessity, repaired to Cnut, and submitted himself to him, with all the Northumbrians, making a Peace with him, and giving him hostages for performance thereof, and for his and their fidelity. Not long after Uhtred and Turketel, Earls of Northumberland, were both treacherously slain by Turebrand a Dane, by Cnutes command or Commission. Which done, Cnut made one Hirc (some style him Egric ) Earl of Northumberland in his place; and then returned with all his army to his Ships in triumph, a little before the feast of Easter, with a very great booty. Not long after, King Æthelred (born to troubles and mischief,) after manifold labors, vexations, treacheries, and incessant tribulations, ended his wretched life in London, where he died May 9th. Anno 1016. being there buried in St- Paul's Church, finding rest in his Grave by death, which he could never find in hi • Throne all his life, having attain • it by Treachery, • nd his Brothers, Sovereigns murder whose Ghost (as Malmesbury and others write • did perpetually vex and haunt him all his r • ign, and made him so subject to, and fearful of plots and treacheries, that he knew not whom to trust, nor ever deemed himself secure, even in the midst of his oft raised Armies, Nobles, People, though ready to adventure thei • Lives for his defense.

I have related these Passages of the Danish wars • and invasions during Ethelreds reign, more largely than I intended. 1. Because on the Englishmens parts, they were merely defensive of their Native Country, King, Laws, Liberties, Properties, Estates, Lives against foreign Invaders and •• urpers. 2ly. Because they more or less relate to my forementioned Propositions, touch-the fundamental Rights, Liberties, Properties, of the English Nation. 3ly. Because they show forth unto us the true original grounds, causes, motives, necessities, and manner of granting the very first Civil Tax and Tribute mentioned in our Histories, by the King and his Nobles, in their General Councils, to the Danish invaders, to purchase peace, and the true nature, use of our ancient Danegelt, and rectify some mistakes in our common late E • glish Historians.

Immediately after King Ethelreds decease Episcopy, Abbates, Duces, et quique Nobiliores Angliae in unum congregati (as W • gornien •• s, Howden, S • meon Dunelme •• is, Radulphus de Diceto, Brompton • Or, Maxima pars Regni, tam Clericorum quam Laicorum in unum congregati (as Matthew Westminster • Or, Proceres Regni cum Clero, (as Kn •• hton expresses i • ) Pari consensu in Dominum et Regem Canntum eligere: All the Bishops, Abbots, Dukes and Nobles of England, and the greatest part of the chief Clergy and Laity, assembled together (in a kind of Parliamentary Counci •• 〈◊〉 unanimous consent elected Cnut for their Lord a •• King (notwithstanding their solemn Vow and Engagement but the year before, never to suffer a Danish King to reign over them ) Whereupon • he • all repaired to Cnut to Southampton omnemque Progeniem Regis Ethelredi, coram illo abhorrentes, et abnegando repudiantes (a • Wigorniensis, Huntindon, Knyghton, and others record) and there in his presence abhorring and utterly renouncing and abjuring all the Progeny of King Æthelred, they submitted themselves, and swore fealty to him, as to their only King and Sovereign, he reciprocally then swearing unto them, That he would be a faithful Lord unto them • both in things appertaining to God and the World, which our Historians thus express. Quibus ill juravit, quod & secundum Deum, & secundum seculum fidelis illis foret Dominus. Only the City of London, an • part of the Nobles then in it, unanimously chose and cried up Ed. Ironside, King Ethelreds 3. son, by Elgina his first Wife, Daughter to Duke Thored, as Speed and o • hers relate, though Matthew Westminst • r, and others register his bir • h, Non ex Emma Regina, sed ex quadam ignobili foemina generatus, qui utique matris suae ignobilitatem generis mentis ingenuitate & corporis streuuit te redintegrando redemit. After Edmond's election, he was crowned King by Living Archbishop of Canterbury, at Kingston upon Thames (where our Kiugs in that age were usually crowned.) No sooner was he thus advanced to the Regal dignity, but he presently marched undauntedly into West-Sex, and being there recei • ed by all the People, with great gratulation and joy, he mo • t speedily subj • cted it to his Dominion. Which being divulged in other parts, many Counties of England, deserting Cnut, voluntarily submitted themselves unto him, such is the fickleness of • he People, & inconstancy of worldly power and affairs. Cnut in • he mean time to be revenged of the Londoners for making Edmond King, marched to London with his whole Army and Fleet, besieged and blocked up the City with his Ships, drawn up the Thames on the West-side of the Bridge, and then drew a large and deep trench round about the City, from the Southside of the River, whereby he intercepted all ingress and egress to the Citizens and others, whom he shut up so close, that none could go in or out of the City, and endeavored by many strong assaults to force it: but being still repulsed by the Citizen • , who valiantly defended the walls, he left off the siege with great confusion and loss, as well as dishonor. Thence he marched with his Army into Dorsetshire, to subdue it: Where King Edmond meeting him with such forces as he could suddenly raise, gave him battle at Penham near Gillingham ; where after a bl • udy and cruel encounter, he put Cnut and his Army to flight, and slew many of them. Not long after, they recruiting their forces, both Armies meeting at Steorstan, King Edmond resolving there to give Cnut battle, placed the most expert and valiantest of his Soldiers in the front; and the rest of the English who came flocking in to him, he kept for a reserve in the rear. Then calling upon every of them by name, he exhorted and inform • d them, That they now fought for their Country, for their Children, for their Wives, for their Houses and Liberties, in • laming the minds of his Soldiers with his excellent Speeches; in this battle with the Enemy, he exercised the O • fices of a valiant Soldier, and good General, charging very courageously; But because that most per • idious Duke Edric, Almar, and Algar, and others of the great men, who ought to have assisted him with the Inhabitants of Southampton, Wiltshire, and innume • able other English, joined with the Danes, the battle continued all day, from morning to night, with equal fortune, till both sides being ti • ed out, and many of each party slain, the night constrained them to march one from another. But their blood not being cold, the next day they buckled together again, with no less courage than before; till at last, in the very heat of the battle, the most perfidious Duke Edric perceiving the Danes like to be totally routed, and the English in great forwardness of victory, cut off the head of a Soldier named Osmeranus, very like to King Edmund both in hair and countenance, and shaking his bloody sword, with the half gasping head in his hand, which he lifted up on high, cried out to the English Army: O ye Dorsetshire men, Devonshire men, and oth • r English, flee and get away, for your head is lost; be • old here is the head of your King Edmund, which I hold in my hand, therefore hasten hence with all speed, and save your lives. Which when the English heard and saw, they were more affrighted with the atrocity of the thing, than with the belief of the Speaker: whereupon all the more inconstant of the Army were ready to fly away. But Edmond having present notice of this treacherous stratagem, and seeing his men ready to give over the fight, hasted where he might be best seen, and posting from rank to rank, encouraged them to fight like Englishmen: who thereupon resuming their courage, charged the Danes more fiercely than be • ore; and bending their force against the Traitor, had shot him to death, but that he retreated presently to the Enemy, the English reviving, and manfully continuing the battle again till the darkness of the night caused both Armies voluntarily to retreat, from each other into their Tents. When much of the night was spent, Cnut commanded his men in great silence to break up their Camp, and marched to his Ships, and soon after, whiles King Edmond was recruiting his Army in West-Sex, besieged London again • whereupon Edmond marching to London with a select company of Soldiers, chased Cnut and his Army to their ships, removed the siege, and entered the City in manner of Triumph. Cnut and Edric perceiving the valor and good success of Edmond, conspired together, to overcome him by Treason, whom they could not vanquish by Arms ; for which end, Edric, before King Edmond's march to London (as some) or soon after, as others relate, feignedly revolted • rom Cnut, and submitted himself again to Edmond, as his natural Lord: and renewing his peace with him, fraudently swore that he would continue faithful to him, only that he might betray him. Edmond, two days after he had chased the Danes from the siege of London, pursuing his victory, passed over the Thames at Brentford, where, though many of the English were drowned in passing over the River, through their carelessness, yet he there fought with the Danes the fourth (or • ather fifth) time, routed them, and won the field. After which, Edmo • d, by the advice of Edric, marched again into West-Sex, to raise a more numerous Army, to supply those who were drowned and slain in this last battle: Upon which advantage, the Danes again returned to the siege at London, invironing, and fiercely assaulting it on every side; but being valiantly repulsed by the Citizens, they retired from thence to their ships, and sailed into the River of Arewe ; where leaping out of their ships, they • went about pillaging in Mercia, killing all they met, and burning the Villages, returning to their ships with a great booty: Another company of their foot sailing up the River of Meadway, pillaged Kent, their Horse marching thither by Land to meet them, doing the like, wasting all places with fire and sword. King Edmond having in the mean time raised a strong Army out of all England, passed over with them again at Brentford, to fight the Danes, and giving them battle near Oteford, routed the whole Danish Army, not able to endure his fierce charge, and pursued them as far as Ilesford, slaying many thousands of them in the pursuit; and had he followed the pursuit further, it was conceived that day had put an end to the war and Danes forever. But perfidious Duke Edric by his most wicked Counsel (the worst ever given in England ) caused him to give over the chace. Whereupon the • lying Danes escaped into the Isle of Shepy. Edmond returning into West-Sex to observe Cnutes motion, he thereupon transported his forces into Kent, who began to plunder and wast Mercia far worse than ever they had done before: Whereupon King Edmond marching with his Army against them, gave them battle the sixth time, at Esesdune, (or Assendune ) now Ashdune in Essex ; whereafter a long and bloody fight, with equal valor, and great loss on both sides: King Edmond seeing the Danes to fight more valiantly than ever before, leaving his place (which usually was between the Dragon and Standard) ran into the very front of the battle, and breaking in like thunder u • on the Enemy, brake their ranks, pierced into the very midst of them, and made way for others to follow him, forcing the Danes to give back; Which the ever traitero • s Edric perceiving, • led with the whole Squadron of Soldiers which he commanded, unto Cnut, as was formerly agreed between them, whereupon the Danes becoming the stronger, made an extraordinary slaughter of the E • glish ; as Matthew Westminster and his followers s • ory. Henry Huntindon relates, That Edric seeing the Danes going to ruin, cried out to the English Army, Fly O Englishmen, • lie Englishmen, for Edmond is dead (being not seen in his wonted place) and crying out thus, he and his Brigade first began the flight; whereupon the whole Army of the English following them, fled likewise. Wigorniensis informs us; that King Edmond before this battle, riding about to every Company, admonished and commanded them, that be • ng mindful of their pristine valor and victory, they should defend themselves and the Realm from the avarice of the Danes, being now to fight with those they had formerly conquered. • hat perfidious Duke Edric seeing the Danish army inclining to flight, and the English about to gain the victory, began to fly with the Wagesetensians, and that part of the army which he commanded, as he formerly promised to Cnut, that circumventing his Lord King Edmond and the English army with deceits, he gave the victory to the Danes by his treachery; and by the consent of all our Writers, he here gave the greatest wound to the English Nobility and Nation that ever they rece ••• d in any former battle, Duke Alfric, Duke Godwin, D •• e Ulfketel, Duke Aethelward, Ailward son of Duke Alke, and all the flower of the English Nobility, together with Eadnoth Bishop of Lincoln, and Abbot Wulfius, (qui ad exorandum Deum pro milite bellum agent convenerunt) with an infinite number of co • mon Soldiers being there slain in this fight and slight: qui nunquam ante in uno praelio tantam cladem ab hostibus a • ceperunt. Ibi Cnuto Regnum expugnavit, ibi omne decus Anglorum occubuit, ibi flos patriae totus emarcuit, Writes Malmesbury, Cnut likewise on his side sustained an irreperable loss, both of his Dukes and Nobles.

After this lamentable loss, wherein so many Nobles fell, Cnut marching to London in triumph, took the Royal Scepters; whence depar • ing into Glocestershire, in pursuit of Edmond (who retreated almost alone to Gloucester, and there recruited his broken forces) he wasted and pillaged the Country in his march. King Edmond resolved to give him another battle in a place called Dierhurst ; where Edmond with his army being on the West-part of the River Severn, and Cnut on the Eastside with his army, both set in battle array, ready manfully to encounter each other, wicked Duke Edric, magnatibus convocatis, calling the Nobles of both parties together, • pake unto them as followeth, as Matthew Westminster, and others accord, before any encounter; but Abbot Æthelred records, that both Armies then fought a most bloody bat • el for one whole day from morning to night, an innumerable Company being slain on both sides, without any Victory; the night only causing them to re • ire, ad similem ludum eundemque exitum die craestina reversuri. Both Armies being wearied with this bloody sport, when they saw King Edmond's forces daily increasing, and Cnutes company likewise augmented out of foreign parts, by constant recruits, which he caused to be sent from thence, Uterque Exercitus Proceres ad colloquium cogunt, both armies compel • ed their Nobles to a Conference; where one of them, being elder than the rest (which others affirm to be Duke Edric ) requiring silence, spake thus unto them, as Abbot Æthelred records his words.

Whiles he was about to speak more, ALL THE PEOPLE, shut up his Speech in the midst of his Jaws, if I may so speak, crying out and saying, AUT PUGNENT IPSI AUT COMPONENT, let them fight themselves, or let them compound. His Speech recorded in Brompton, Hen • de Knyghton, Speed • and others, is much to the same effect, though different in some expressions.

Matthew Westmininster brings in Edric speaking only, thus to the Nobles. O insensati Nobiles, et armis pot • ntes! cur • oties morimur in bello pro Regibus, cum ipsi nobis mor • entibus, nec regnum ob • ineant, nec avaritiae suae finem imponant. Pugnent consulto, singulariter, qui singulariter regnare contend •• t, Quae est ista regnandi libido, Quod Anglia modo duobus non sufficit, quae • lim octo regibus satisfuit? Itaque vel soli componant, vel soli pro regno decertent. PLACUIT AUTEM HAEC SENTENTIA OMNIBUS, ET AD REGES PROCERUM DELATUM ARBITRIUM, ILLI CONSENTIENDO APPROBANT. Hereupon all the Nobles concurring in this opinion, both Kings approving their Determination, fought a royal single duel, first on horseback, then on foot, in the Isle of Olerenge, or Olney, (near Gloucester ) in the midst of Severn, in the view of both their Armies, with extraordinary courage, and equal success, till they were both quite tired, but neither of them vanquished: At last upon Cnutes motion they began to parly in a friendly manner; Cnut speaking thus to Edmond. Hitherto I have been covetous of thy Realm, now most valiant of men, I am verily more desirous of thyself, whom I see, art to be preferred, I say, not before the Realm of England, but the whole world itself. Denmark hath yielded to me, Norway hath subjected itself to me, the King of Swedes hath given me his hand, and thy admirable Valour hath more than once fructrated the force of my assaults, which I believed no mortal man could have been able to sustain. Wherefore although fortune hath promised that I should be everywhere a Conquerer, yet thy admirable valor hath so allured me to favor, that I above measure desire thee both for a friend and consort of my kingdom: would to God that thou also mayest be as desirous of me, that I may reign with thee in England, and thou mayest reign with me in Denmark. Truly, if thy valor shall be united to my fortune, Norway will fear, and Sweden will quake : France itself, accustomed to wars, will tremble. In brief, Edmond and Cnut both consent to divide the Kingdom: Edmond yielding to words, who had not yielded to swords, being overcome with this Oration, who could not be overcome with arms; whereupon, laying aside their arms, they run and mutually embrace and kiss each other, both Armies rejoicing, and the Clergy singing Te Deum laudamus, with a loud voice. Afterwards in testimony of Agreement, they change clothes and Arms with each other, and returning to their Armies, prescribed the manner of the Agreement and Peace. Wigorniensis, Simeon Du • elmensis, and Roger Howden add, that they ratified the agreement with Oaths, TRIBUTOQUE QUOD CLASSICAE MANVI PENDERETUR STATUTO ; and appointed a Tribute which should be paid to the Sea forces, and then departed from each other. The Danes returned with the great booty they had gotten to their ships, with whom the Citizens of London having made a peace, DATO PRECIO, which they paid a pr • ce for, they permitted them there to winter. The Realm was divided between them both, but the Crown remained to Edmond, with the City of London, Essex, East-England, and all the Land on the Southside the River of Thames, and Cnut enjoyed the North parts of England, by mutual consent and agreement of all the Nobles; and so this bloody war between them • after 7. or 8. battles, within so many months space) ceased.

Soon after this fatal Agreement and partition of the Realm, which made Edmond but half a King • and England half Denmark, that ever traiterous Duke Edric, to ingratiate himself the more with Cnut, treacherously mur • er • d King Edmond at Oxford, of which there are 3. different relations in our Historians. Some say that he corrupted the Kings Chamberlains wi • h gifts to murder him in his bed: and that King Cnut, in the first year of his Coronation, caused all of them who had conspired his death by Edric's exhortation to come before him, where they declared to the King the Treason they had committed against King Edmond, expecting a large reward for i • . Whereupon the King sent for the Great Men and Nobles of the Realm, and made the Traitors to acknowledge their Treason before them, and a great assembly of people; fearing lest otherwise it should be believed that he had foreplotted the Treason aforesaid, and suborned them to execute it. After their public confession thereof, he caused them all to be first drawn, and then hanged for it. Others write, that Edric himself, or his Son by his command, murdered him at Oxford on St. And • ews night as he was easing nature in an house of Office, stabbing him into the bowels with a two-edged knife through the hole of the privy, (in which one of them lay in wait to murder him) leaving the knife sticking in his bowels, and him dead in the place: And some write, that he placed an Image in his Chamber with a bow and arrow ready bent; which Edmond admiring at, touching the spring which held the bow thus bent, the arrow thereupon pierced & slew him in the place. That before his death was known, Edric went to Edmond's wife, and taking away her two young Sons from her, brought and delivered them to Cnut ; and then saluted him, saying; GOD SAVE THEE SOLE KING OF ENGLAND. Whereupon Cnut demanding, Why he saluted him in this manner? He then informed him of King Edmo • ds death, and how he had murdered him of purpose to make him sole King of England. Speed adds, That he cut off his Sovereigns head • presenting it to Cnut with these • awning salutations, All hail thou sole Monarch of England, for here behold the head of thy Copartner, which for thy sake I have adventured to cut off: which no ancient Historian mentions. Upon this, Cnut, though ambitious enough in Sovereignty, yet out of a Princely disposition, sore grieved at such a disloyal treacherous act, presently replied to him, I for reward of so great and meritorious a service done for me, will • this day advance thee above all the Nobles of the Realm ; After which he caused his head to be cut off, then fixed on an hig • poll, and placed on the highest Tower of London, for the birds to prey upon. Others more agreeable to the truth, relate; That Cnut in the first year of his reign depriving this Arch-Traitor Edric of the Dukedom of Mercia, which he had many years enjoyed; thereupon Edric in the feast of Christ's Nativity, repaired to Cnut at his Palace in London, to expostulate with him about it: where checking the King over-harshly, he upbraided him with the many benefits he had received from him, amongst which he mentioned two, wherewith he specially provoked him to anger; saying, Most dear King, you ought not to speak harshly to me, nor suffer any evil to be done unto me; for you had never enjoyed the Realm of England, but by my means. For out of love to thee, I have first betrayed King Æthelred; after that I deserted Edmond my proper and natural Lord; and afterwards I foreplotted his death, and murdered my just and true liege Lord, out of my fidelity towards thee, to bring the whole kingdom unto thee: and dost thou so lightly vilify so great love conferred on thee, for which I never received any benefit or profit from thee ? At which speeches, Cnut changing his countenance, expressing his fury by its redness, presently pronounced this sentence against him, saying: And thou shalt deservedly die, thou most perfidious Traitor, seeing by thy own confession thou art guilty of Treason both against God and me, who hast slain thine own Sovereign and natural King, and my dear confederate Brother. His blood be upon thy head, because thou hast stretched out thy hand against the Lord's anointed. And lest a tumult should be raised among the people, he commanded him to be there presently strangled in his palace, and his body to be cast through a window into the river of Thames, to be devo • red of the fishes, as some, or hanged upon London walls unburied, to be devoured by birds, as others story. At which time Duke Norman, son of Duke Leofwin, (Captain of Edrics guard) Aethelward son of Duke Agelmar, and Brihtricus son of Alphege Earl of Devonshire, with many others of Edrics followers were likewise slain without offense, together with Edric ; because Cnut feared he should one time or other be circumvented by the treacheries of this old perfidious Traitor, hearing his former natural Lord's Æthelred, and Edmond had frequently been betrayed by him, quorum diutina proditione alterum vexavit, alterum interfecit ; there being no trust to be reposed in such a Traitor to his Sovereigns. Thus this inveterate Arch-Traitor to his Natural Country, Kings, and bloody Regicide, by God's divine Justice received the just punishment of all his Treasons at the last, instead of expected great rewards, from that hand he least suspected. Whence Matthew Westminster relating both the Histories of the manner of Edrics death, concludes thus, Sed sive sic, sive aliter vitam finierit Proditor Edricus, non multum ad rem pertinet; quia hoc liquido constat, Quod ill qui multos circumvenerat, tandem est justo De • Iudicio circumventus, et proditionis suae meruit subire talionem: And let all those who have or shall imitare him in his Treasons against his native Country, Kings, and Regicide, seriously meditate on his tragical end, and expect the self same retribution in conclusion, though they escape as many years as he then did before final execution.

A third sort of Authors, as Marianus Scotus, Wigorniensis, Roger Howden, and Simeon Dunelmensis, make no mention of King Edmond's murder by Edric his subordination, but only that he died at London, (not Oxford ) about the Feast of St. Andrew ; as if he had died of a natural death; but the generality of Writers agree, he was murdered at Oxford, ambiguum quo casu extinctus, writes Malmesbury ; the common fame being he was murdered, by Edric as aforesaid. And Brompton, who recites all three opinions, concludes thus, Sed primus modus, videlice • , quod rex Edmundus, ad requiem naturae sedens, proditione dicti Edrici occisus fuit, verior aliis et au • enticior habetur. The Author of the Encomium of Emma, concurring with Marianus, subjoins this Observa • ion touching his short reign and speedy death: That God, &c. minding his own doctrine, That a kingdom divided in itself caunot long stand, and pitying the English, took away Edmond, lest if the Kings had continued long together, they should have both lived in danger, and the Realm in continual trouble. His reign continued only seven months, in which time he fought seven or eight battles in defense of his Country, People, and their Liberties, besides his single Duel with C • ute: and by his untimely death, the English- Saxon Monarchy was devolved to the Danes, who by Treachery and the Sword for three descents, deprived the English Saxons of the Crown and Kingdom, through divine retaliation, as they had unjustly by treachery and the Sword dispossess'd and disinherited the Britons thereof, about 450 years before, as Henry Huntindon, Brompton, Radulphus Cistrensis, Mr. Fox • Speed, and others observe. The Sins of the Saxons grown now to the full, (writes Speed) and their dregs as it were sunk to the bottom, they were emptied by the Danes from their own vessels, and their bottles broken, that had vented their red and bloody wines ; in lieu whereof the Lord gave them the cup of wrath, whose dregs he had formerly (by their own hands) wrung out upon other Nations. For the Saxons, that had enlarged their Kingdoms by the blood of the Britons, and built their nests high upon the Cedars of others, (as the Prophet speaketh, Habbak. 2.) committed an evil cov • tousness to their own habitations, and were stricken by the same measure that they had measured to others, when as the Danes often attempting the Lands invasion, and the subversion of the E • glish Estate, made way with their Swords through all the Provinces of the Realm, and lastly, advanced the Crown upon their own helmets, which they wore only for three Successions.

CHAP. IV. Comprising a Summary Collection of all the Parliamentary Great Councils, Synods, Historical Passages, Proceedings, Laws, relating to the Fundamental Liberties, Franchis • s, Rights, Government of the People, and other remarkables, under our Danish Kings, Cnut, Harold, and Harde-Cnut; from the year of our Lord 1017. till the first year of King Edward the Confessor, Anno 1042. With some brief Observations on the same.

I Mmediately after the murder of King Edmond Ironside, King Cnut the Dane, Anno 1017. taking possession of the whole Realm of England, was solemnly crowned King at London, by Living Archbishop of Canterbury, succeeding in the Realm of England, Non succession haereditaria, sed Armorum violentia, as William Thorn observes: Injuste quidem Regnum ingressus, sed magna civilitate et fortitudine v • tam componens, writes William of Malmesbury. Whereupon, the better to for • ifie his Military Title, with a seeming public Election, by the Nobles and Nation in a Parliamentary Council, and their open disclaimer and renunciation of any Right or Title either in King Edmond's Sons or Brethren, to the English Crown, to settle it in perpetuity on himself and his posterity; he commanded all the Bishops, Dukes, Princes and Nobles of the English Nation to be assembled together at London in a Parliamentary Council: Where when they were all met together in his presence, he most craftily demanded of them, as if he were ignorant, Who were the Witnesses between him and Edmond Ironside when they made their agreement, and division of the Kingdom between them? What manner of conference there then was between him and Edmond, concerning his Brethren and Sons? Whether it was agreed, that it should be lawful for Edmond's Brethren or Children to reign in the kingdom of the West-Saxons after his death, by any special reservation or agreement between them, in case Edmond should die in his life-time? Whom he had designed to be his Heir? Whom he had appointed to be guardians to his Sons during their infancy? And what he had commanded concerning his Brothers Alfred and Edward? To which they all answering both falsely and flatteringly, said, That they did most certainly know, King Edmond neither living nor dying had commended or given no part of his kingdom to his Brethren; and they did likewise know, that it was King Edmond's will, that Cnut should be the Guardian and Protector of his Sons and of the Realm, until they were of age to reign, calling God himself to witness the truth hereof. (O the strange temporizing falsity, treachery, perjury of men in all ages!) But though they thus called God to witness, yet they gave a false testimony, and fraudulently lied, preferring a lie before the truth, being forgetful of justice, unmindful of nature, unjust witnesses, rising up against Innocency, and betrayers of their own blood and Country: when as they all well knew, that Edmond had designed his Brethren to be his heirs, and appointed them to be Guardians of his children; thinking by this their false testimony to please King Cnut, to make him more mild and gracious to them, and that they should receive great rewards from him for the same. After their answers to those Interrogatories, to ingratiate themselves further with Cnut, though they were sworn before to Edmond and his Heirs, and were Native Englishmen, yet they there all took a solemn • ath of Allegiance to Cnut, swearing to him • That they would and did choose him for their King, & humbly obey him, et Exercitui Uectigalia dare; and would give Trib • tes to his Army. And having received a pledge • rom Cnutes naked hands, with Oaths from the Princes and Nobles of the Danes, & Cnut reciprocal Oaths from them and all the people, they ratified a mutual Covenant and League of Peace with reciprocal Oaths between both Nations, reconciling and abandoning all public enmities between them. They likewise swore, that they would cast off, banish, and wholly reject King Edmond's Brothers, Sons, and Family. In pursuance whereof they there presently, Fratres et filios Edmondi Regis omnino despexerunt, • osque Reges esse negaverun • ; unum autem ex ipsis praedictis Clitonibus, Edwinum, egregium et reverendissimum Edmundi Regis germanum, Ibidem cum consilio pessimo, exulem esse debere coustituerunt, as R • ger de Howden, Abbot Æthelred, Wigorni • nsis and others at large record the Story. The discord, treacherous falsehood, disloyal proceedings of the English Nation then towards one another, & the English royal line, is thus elegantly set forth by Abbot Ailred; (a lively Character of our age) Externisque malis accessit civilis d • scordia, adeo ut quis cui creder • t, quis cui mentis suae secreta commit • eret nesciretur. Plena erat proditoribus Insula, nusquam tuta fides, nu • quam • ine • u • pi •• one • mor, Sermo sine simulatione. Tandem eousque Proditio Civilis, et astu • ia Processit hostilis, ut de 〈◊〉 Rege Magna pars Ins • lae legitimis abdicatis haeredibus, Cnutoni qui Regnum invaserat, manus darent; peremptoque i • victissimo Reg • Edmundo paterni honoris simul • t l • boris haerede, etiam Filios ejus, ad • uc in cunis agents, barbaris mi • terent occidendos. King Cnut, hearing this their palpable flattery, and con • emptuous rejection of Edwin, and the Saxon regal Line, went joyfully into his Chamber, and calling perfidious Duke Edric to him, demanded of him, how he might deceive Prince Edwin, so as to have him murdered? Who thereupon informed him, how and by whom his murder might be accomplished by promised rewards of money and preferments, which was accordingly effected soon after by Cnutes procurement and command. This Edric likewise persuaded Cnut, to slay Prince Edward and Edmond, King Edmond's sons. Whereupon Statuit Cnuto mirabiliter in animo suo, omne genus Gentis Regni Anglorum perdere, vel exilio perenni eliminare, ut regnum Angliae filiis suis jure h • roditario r • servare curaret, writes Matthew Westminster, p. 402. But because it might seem a great disgrace to him, to murder these infant Princes in England, he afterwards sent them over Sea to King Swane to slay them in Denmark ; who abhorring the fact, instead thereof sent them to Solomon King of Hungary to be preserved and educ • ted.

Cnut having thus through the flattery, perjury and treachery of the Euglish Prelates and Nobles • ained the entire Monarchy of England • slew or banished all those perfidious English Sycophants, temporizers who had the chiefest hand in this false testimony, abjuration & treacherous bloody advice, against the Saxon Royal Family: • y whose Cou • cel he slew or banishe • all the blood-royal of the Realm of England, that so he migh • Iure Haereditario, reserve and perpetuate the kingdom to his own Posterity by an hereditary right. Duke Edric the principal of them, for this and his other Treasons forementioned, was deprived of his Dukedom of Mercia, and exemplarily executed as a most perfidious Traitor by Cnutes command the first year of his reign, and many of his Captains and followers were slain with him, (of which at large before.) Mor •• m Proditori • pro demeritis accepit laqueo suspensus, et in Tamesin fluvium projectus. Cum quo plurimis sattellitum suorum similiter occisis, e • iam inter eos praecipuus et primus Normannus occisus est, writes Abbot Ingulphus. Turkell Duke of East-England, and Hirc Duke of Northumberland, were both banished the Realm; Duke Norman and Bridric slain, and a heavy Tax of 82 Thousand pounds (besides 10000 pounds imposed on London alone) imposed and levied on the whole Nation. Quoniam igitur proprii sanguinis proditores adulantes Regi menti • i sun • in caput suum, gladiu • eorum intravit in cor eorum, et à Cnutho quem naturalibus Dominis praetulerunt, confractus e • t arcus eoru • . Cum 〈◊〉 Monarchiam Insulae faven • ibus illis ob • inui •• e • . Omnes qui primi in illo fuere consilio exterminavit, et q • o • quo • de regio Semine • uperstites reperit, vel regno repulit, vel occidit, as Abbot Æthelred records to pos • e • ity. To which Henry Huntindon, and Henr • de Knyghton subjo • n, Posteà vero Rex justo Dei judicio dignam retributionem nequitiae Anglis reddidit: Ipse namque Rex Cnu • e Edricum occidit, ( quia timebat ab insidi • s ab eo aliquando circumveniri, sicut Domini sui priores Ethelredus & Edmondus frequenter sunt circumventi, quorum diutina proditione alterum vexavit, alterum interfecit, add • lorentius Wigorni • nsis, Simeon Dunelmensis, Roger de Howden, and Radulphus de Diceto: ) Turkellum exulavit, Hirc fugere compulit. Praeterea summos Procerum aggressus, Normannum Ducem interfecit. Edwi Adeling exterminavit, Adelwoldum detruncavit, Edwi Churleging exulavit: Birdric ferro vita privavit. Aethelwardus filius Agelmari Ducis, et Brihtricus filius Alphegi Domnaniensis Satrapae, sin • culpa interfecti sunt. Fecit quoque per Angliam mirabilem Censum reddi, scilicet 82. (some write 72.) mille librarum, praeter undecies mille libri • quas Londinensis reddiderunt. Dignum igitur exactorem Dominus Iustus Anglis imposuit (for rejecting their own Hereditary Sovereign Line.) Radulphus Cestrensis (englished by Trevisa, ) Fabian and Grafton, thus second them. Also they swore, that they would in all wise put off Edmond's kinn. They trowed thereby to be great with the King afterward, but it fared far otherwise. For many or the more part of them, specially such as Canutus perceived were sworn be • ore to Edmond and his heirs, he mistrusted and disdain • d ever after. Therefore some of them were slain by God's rightful dome, and some banished, and exiled and put out of the land, and some by God's punishment died suddenly, and came to a miserable end ; which other of our Historians likewise register: I shall desire all such who are guilty of the like Treachery, Flattery, Practice or Advice against their lawful Sovereigns royal Posterity, advisedly to ponder this sad domestic President in their most retired Meditations, for fear they incur the like divine retaliation by God's rightful doom, when and by whom they least • uspect or fear it.

King Cnut thus quit of all King Edmond's Sons, Brethren, kindred, and likewise of the greatest English Dukes and Nobles who might endanger his Life, Crown, and new-acquired Monarchy, in the next place contrived, how to secure his Empire against Prince Alfred and Edward, Edmond's Bro • hers, then in Normandy with Queen Emma their Mother, and their Uncle Richard Duke of Normandy, a person of great valor, power, and interest; the only person likely to attempt their restitution to the kingdom and Crown of England. For which end he by gifts, Ambassies, and fair promises procures Earl Richards consent, to bestow his Sister Queen Emma upon him for his wife, who arriving in England in July 1018. was presently married to this Invader of her former Husbands kingdom, his sons royal throne, and murderer, banisher, dishinheriter of his and her royal Posterity, whereby her Brother Duke Richards thoughts were wholly diverted from aiding his Nephews to recover their right in England. Ex hinc cum C • utoni omnia pro voto cessissent, timens Ne Haeres legitimus Regnum quod sibi de Iure debebatur, a •• quando Normanica fretus vir • u •• Reposceret, • t Ducis sibi arctius colligaret affectum, Emmam • efuncti Regis relictam duxit uxorem. Whereupon De illorum (Elfredi & Edwardi) restitutione Richardū avunculum nihil egisse comperimus, quia et sororem suam Emmam hosti et invasori nuptam collocav • t: Ignores majori illius dedecore qui dederit, a • f • minae quae conse • serat, ut thalamo illius c • leret, qui vi • um infestaverit, filios effugaverit ; is Malmesbury his observation and censure thereupon. Only their Uncle Robert attemp • ed their • estitution, Congregatis navibus, et impositis militibus profectionem paravit, subinde jactitans se pronepotes suos coronaturum: et proculdudio fidem dictis explesset, nisi quia (ut à majoribus accepimus) semper • i ventus adversabatur eontrarius, per occultum scilicet Dei judicium, in cujus voluntate sunt potestates omnium regnorum. Reliquiae navium multo tempore dissolutarum Rothomagi adhuc nostra aetate visebantur, writes Malmesbury. By this match with Queen Emma, as Cnut took off Duke Richard from yielding any assistance to his Nephews, in hopes his sister might have issue by him to inherit the Crown of E • gland ( it being agreed between them on the marriage, that the issue of Cnut begotten on her should inherit the Crown ;) so it much obliged the English to him, and made them more willing to submit to his Government, ut dum consuetae Dominae deferrent obsequium, minus Danorum suspirarent Imperium : the rather, because they much honored and affected her for her manifold virtues, of which they had long former experience: and likewise because they hoped it might be a means to restore Ethelreds issue by her to the Crown again, in case she had no issue by Cnut to inherit it; which in truth it effected by God's providence, contrary to Cnutes design. After this marriage this politick Forein Intruder, to establish his Monarchy over England, endeavored to reconcile the English to him by all other public means he could devise, and that by Emmaes advice.

1. By advancing some of the English Nobility to places of Honor and trust, as Leoffric ; whom he made Duke, in the place of his Brother Norman whom he had slain; with some others, and loving them very dearly.

2. By granting to the English equal Rights, and Privileges with his Danes, in Consessu, in Consilio, in Praelio ; and favoring and advancing them both alike.

3. By favoring and enriching the English Clergy and Church-men, and manifesting extraordina • y piety, devotion, bounty in repairing, building, endowing Monasteries and Churches throughout the Realm, which had been partly decayed, par • lie demolished and profaned by his and his Fathers former wars and excursions: And by erecting new Churches in all places where he had fought any battle, especially at As • hendune, and placing Priests in them, perpetually • o pray for the souls of those that were there slain. Ita omnia quae ipse, et Antecessores sui deliquerunt, corrigere satagons, prioris Injustitiae naevum apud Deum fortassis, apud Homines certe abstulit ; as Malmesbury relates.

4. By • asing them of his Danish Forces, and constant heavy Taxes for their maintenance: For by the advice of Emma, he sent back all his Danish stipendiary Soldiers to their Native Country, and all his Ships but 40, which he retained to transport him into Denmark the next year. To return, pay off, and disband which foreign Forces, the English paid him a Tribute of 82. as some, or 72 thousand pounds as other Historians record, collected out of all England, and the Londoners 11 thousand or 10500 marks more. Which Tribute I conceive was granted him in the Council of London the year before; wherein all the Prelates and Nobles took an Oath, Suo exercitui vectigal dare ; according to their former agreement at Gloucester, upon the partition of the Kingdom between Edmond and Cnut ; wherein King Edmond and all the English Nobles and Army ordained, that a Tribute should be paid to the Danish Fleet, TRIBUTO QUOD CLASSICAE MANUI PENDERETUR STATUTO. So that I conjecture, it was not imposed on the people by Cnutes absolute power, but by common Grant and Consent of a Great Parliamentary Co • ncil.

5. By ratifying all their former good old fundamental Laws, Righ • s, Liberties, Privileges, which they used, enjoyed under their Saxon Kings, by enacting other good wholesome Laws, repealing all unjust Laws, and redressing all exactions and grievances.

By which means he so obliged the English to him, that they cordially assisted him in his Danish wars, cheerfully obeyed him, and never raised any Insurrection or Rebellion against him, though frequently absent out of the Realm, all his reign, albeit he had no Army nor Garrisons to over-awe them.

In the second year of his reign, Anno 1018. King Cnut assembled a Parliamentary Council both of the English and Danes at Oxford, wherein they both accorded, That King Edgars Laws should be observed. Angli et Daci apud Oxonefordiam, de lege Regis Edgari concordes sunt effecti ; as Florentius Wigorniensis, Sim. Dunelmensis, and others express it: but the Chronicle of Brompton thus. Posthaec apud Oxoniam PARLIAMENTUM tenuit, ubi Angli, simul & Dani, de Legibus Edgari Regis observandis concordes facti sunt : Which Fabian, Grafton, Speed, and others thus express in English. He called A PARLIAMENT at Oxford, where among other things it was enacted, That Englishmen and Danes should hold and firmly keep the Laws of Edgar, late King ; Which Parliament they misplace some in the 3. others in the 15. year of his reign, when it was in the second.

King Cnut sailing into Daenmark in the third year of his reign, having there settled his affairs, returned into England, Anno 1020. about the feast of Easter. Apud Orencestriam CONCILIO CONGREGATO, as Matthew Westminster ; or, Apud Cirenceastram, MAGNUM CONCILIUM HABUIT, as Florentius Wigorniensis, Howden, and Simeon Dunelmensis, record it. And then held a great Parliamentary Council at O • encester (or Cirencester ) wherein he banished Duke Ethelward. And this year as Radulphus de Diceto informs us, Rex Canutus CONSILIO CLERI ET PROCERUM ; by the Counsel of his Clergy and Nobles (most likely assembled in this Council at Cirencester ) and especially of his Queen Emma, he placed Monks in the Monastery of Badricesworth, wherein the body of King Edmond the Martyr resteth, removing the Secular Priests from thence. Matthew Westminster thus relates it. Consilio Emmae Reginae, et EPISCOPORUM, SIMUL ET BARONUM ANGLIAE Monachos in eo constituit, &c. Caenobium quoque beati Regis et Martyris Edmundi tot praediis et bonis aliis ampliavit, ut omnibus fere Angliae Monasteriis, in rebus temporalibus meri • o praeferatur.

Sir Edward Cook in his Preface to his 9. Reports, out of an ancient Manuscript of the Abbey of St. Edmond's, which he said, was in his custody, gives us this account of a Parliament held at Winchester, in the 5. year of King Cnut his reign, (Anno 1021.)

Haec sunt Statuta Canuti Regis Anglorum, Danorum, Norwegiarum, Venerando Sapientum ejus consilio, ad laudem et gloriam Dei, et sui Regalitatem, et commune commodum, habito in Sancto Natali Domini apud Winton, &c.

Rex Canutus anno regni sui 5. viz. per centum et triginta annos ante compilationem Decretorum, quae Anno Dom. 1150. fuerunt compilata anno septimo Pontificatus Papae Eugen • i • ertii, et ante compilationem aliorum Canonum quorumcunque, Cunctos Regni sui Praelatos, Proceresque ac Magnates ad suum convocans Parliamentum, in suo publico Parliamento, persisten •• bus personaliter in eodem Wu •• tano et Adelnodo Archiepiscopis et Ailwino Episcopo Elmhamense, et aliis Episcopis, ipsorum suffraganeis, septem Ducibus, cum totidem Comitibus, necnon diversorum Monasteriorum nonnullis Abbatibus, cum quamplurimis gregariis Militibus, ac cum populi multitudine copiosa, ac Omnibus tunc in eodem Parliamento personalitur exisientibus, Votis Regiis unanimiter consentientibns, praeceptum et decretum fuit, Quod Monasterium Sancti Edmondi, &c. sit ab omni Iurisdictione Episcoporum Comitatus illius, ex tunc in perpetuum funditus liberum et exemptum, &c. Illustris Rex Hardicanutus, praedicti Regis Canuti filius, haeres et successor, ac sui Patris Vestigiorum devotus imitator, &c. cum laude et favore Aegelnodi Doroberniensis, nunc Catuariensis, et Alfrici Eborac. Episcoporum, aliorumque Episcoporum Suffraganeis, necnon Cunctorum Regni sui mundanorum Principum, descriptum constituit, roboravi • que praeceptum.

That (which this Manuscript stiles so often a Parliament, held at Winchester, in the 5th year of King Cnut (of which there is not one Syllable in any of our Historians) is as I conceive, that which Matthew Westminster, Wigorniensis, Howden, and Simeon Dunelmensis style CONCILIUM, ET MAGNUM CONCILIUM, &c. held at Cirencester or Orencester, not Winchester, the 4th year of his reign: wherein by the Counsel of Queen Emma, and of his Bishops and Barons, he placed Monks in the Monastery of Bederichesiorthe, where St. Edmund was interred; and endowed the Monastery of St. Edmond with so many farms and other goods, as made it one of the richest in all England, as those Historians witness; Whose Name and date the ignorant come • iler o • this Manuscript mistook; whose Antiquity and reputation is very suspi • ious, as Sir Henry Spelman informs us. First, because Sir Henry could never gain the sight of it from Sir Edward Cook, though he ofttimes promised to lend it him to peruse for his satisfaction. And that which dares not abide the sight and test of such a judicious learned Antiquary, when desired, may justly be deemed an Imposture. 2ly. Sir Henry Spelman conceives the Author of this Manuscript, writ not before the end of King Henry the 3d, if so soon, seeing he calls the Great Council of the Realm, so frequently a Parliament, which Title was not given it in Manuscripts or Historians, till the end of King Henry the 3d. or a • ter his reign; And Wigorniensis, Matthew Westminster, Howden, and Simeon Dunelmensis, all style it only CONCILIUM, not Parliamentum. 3ly. Because he certainly mistakes in his Chronology in making Aegelnoth Archbishop of Canterbury in the reign of King Hardecnute, when as he died and Eadsi was made Archbishop thereof two years before Hardicnu • es reign, which Eadsi crowned him King, as Matt. Westminster, An. 1038. together with Matthew Parker and Godwin, attest. And therefore he might as grossly mistake in other things. 4ly, It appears by the recital itself, that it was writ above 130 years at least after this Council under Cnut, because it recites, it preceeded the Decrees made so long after, under Pope Eugenius, An. 1150. 5ly. The form of the Prologue, Haec sunt Statuta, &c. coupled with, ad suum convocans Parliamentum in suo publico Parliamento : and, aliis Episcopis ipsorum Suffraganeis, prove it not to be written before King Edward the first his reign; when such phrases came first in use: Sir Edward Cook himself informing us in his Epistle, that in Cnut his reign, such State-Assemblies were styled Uenerandum Concilium Sapientum, & sic enim apu • majores Parliamentum illud Latin redditur. 6ly, Becau • e it • ubjoins, cum quamplurimis gregar • s militibus, ac cum populi multitudine copiosa, as if • hey had been personally present in this Parliamentary Council, as well as the Archbishops, Bishops, Abbots, Dukes and Nobles ; of which there is not one syllable in our four ancient Historians, which mention this Council at Cirencester. Neither can these Gregarii milites be intended Knights of shires; nor populi multitudine copiosa, Commoners or Burgesses elected to serve in Parliament by and for the people, (as Sir Edward Cook and others fancy) there being no m • ntion of any such chosen Kngih • s of Counties, Citizens, Burgesses or Commons in that or succeeding ages, till about the reign of King H • nry the 3d. but only, ordinary Soldiers, and the Vulgar sort of people, admitted to be present in the Council at the reading and passing of the Charter to St. Edmond, as they are now admitted into the Lord's House, together with the Knights and Burgesses at the beginnings and ending of our Parliaments, and upon public Trials, Conferences and Occasions; at which times there are more common people ten to one usually present to see and hear what is acted, who are no members, then there are Members of the Commons House, which never sat together with the Lord's for ought appears, much less in this Parliament, as some confidently infer • rom this Spurious A • tiquity ; which Sir Edward Cook (little versed in Antiquities, and oft mistaken in them) so much magnifies and insists on.

In the year of Christ 1021. King Cnut, upon occasions and offenses taken by him, banished Duke Turkell (to whom he had formerly committed East- England ) with Edgitha his wife; and Hirc Duke of Northumberland, out of England. Turkell no sooner arrived in Denmark, but he was there slain by the Dukes of the Country, by divine vengeance, he being a chief inciter of the death of St. Alphege.

The English & Danes, An. 1022. in Colloquio apud Oxoniam celebrato, de Legibus Regi Edwardi pr • mitenendis coucor • es facti sunt. Unde • isdem Legibus, jubente Rege Cnutone, ab Anglica lingua in Latinam translatis: tàm in Dania quàm in Anglia • propter earum aequitatem à Rege praefato observari jubentur, as Mat. Westminster relates, Anno 1022. So as he imposed no New Laws on them, nor revived old, but only by common consent in a Parliamentary Council both of English and Danes.

King Cnut in the year 1023. did so carefully endeavor to reform all things wherein him • elf or his Ancestors had offended, as he seemed to wipe away Prioris Injustitiae Naevum, the Blot of his former Injustice, as well with God as with men. And by the exhortation of Queen Emma studying to reconcile all the English to himself he bestowed many Gifts upon them, et insuper bonas Leges omnibus et placentes promisit: and moreover promised good and pleasing Laws to all. The best means to win and knit the people's hearts.

Anno 1024. Cnut leading an Army of English and Danes against the Swedes, whereof he lost many in the first battle, the next day, when he appointed again to fight with them, Earl Godwin, General of the Enlish Militia, without King Cnutes privity, resolved with his English forces alone to invade the Swedish Enemies in the night. Whereupon using this Speech to his Soldiers, ut pristinae gloriae memores, robur suum oculis novi Domini assererent, &c. they all • valiantly assaulted the Enemies at unawares, put them all to flight, slew an innumerable multitude of them, and compelled the Kings of that Nation, Ulf and Eglaf, to yield to terms of Peace. Cnut preparing to fight very early the next morning, thought the English had been either fled away, or revo • ted to the Enemies; but marching to the Enemies tents, and finding nothing but the blood and carcasses of those the English had slain; he thereupon ever after had the English in great esteem; who by this their Victory Comitatum Duci, sibi laudem paraverunt, writes Malmesbury; Cnut returning joyful of this Victory into England, and bestowing an Earldom on Godwin for this Service.

In the year 1027. Cnut hearing that the Norwegians disesteemed Olaus their King by reason of his simplicity, bribed his Nobles with great sums of gold and silver to reject Olaus, and elect him for their King; which they promising to do, the next year he failed into Norway with 50 ships, thrust Olaus out of his kingdom, by consent of his Nobles, and subdued his Realm to himself: whe • ce returning into England, An. 1029. H • conem Danicum Comitem, quasi Legationis causa, in Exilium misit, because he had married Gunilda a Noble ma • ron, daughter of the King of Vandals, unde metuebat, ab illo vel à vitâ privari, vel à regno expelli: who was after drowned in the Sea, or slain in the Orcades, Anno 1030. In which year Robert Duke of Normandy going to Jerusalem, Apud Fis • hamium PROCERES AD COLLOQUIUM VOCAVIT; ibique Gulielmum filium suum, haeredem sibi constituens, fecit omnes ei fidelitatem jurare. And the same year the Norwegians cruelly murdered Olaus their King, Doctor, Preacher and Apostle with an ax. Indignabatur enim Gens illa pagana et cruentissima, QUOD PRIMAS LEGES et superstitiosas idem sanctus Rex Olaus praedicando, docendo, evangelizando, statuendo evacuaret. But Cnutes gold was the prime cause thereof, to get his Crown as he had done his Realm and Edmond Ironsides ; for whose soul he prayed, and offered a rich embroidered Pale on his Tomb at Glastonbury, Anno 1026. Hoc autem fecisse creditor, ne in mortem ejus, cui in certamine singulari confoederatus fuerat, consenssisse videretar, writes Mat. Westminster.

King Cnut, Anno 1031, (to palliate his Usurpations of other men's Crowns with the show of Devotion travelled to Rome in very great pomp, where he offered very great gifts in gold, silver, rich vestments, and precious stones; and obtained from Pope John, That the English School should be free from Tribute. In his going and returning he not only gave large a • ms to the poor • but likewise removed and deleted many unjust Tolls and Taxes, exacted from such who travelled to Rome, giving a Great price to abolish them. He solemnly vowed to God before the Sepulcher of the Apostle Peter, a reformation both of his life and manners. In pursuance whereof, he writ a Letter from Rome to the Archhishops of Canterbury and York, all the Bishops, Nobles, and Rulers, and to the whole English Nation, as well Nobles as Plebeans ; wherein he certified them, That he had procured from the Emp. of Germany, King Radolphus, the Pope, and other Princes, a release of all unjust Tolls and Taxes exacted of his people as they travelled out of devotion towards Rome, and of the vast sums of money which the Archbishops paid to the Pope for their Palls. After which he in forms them, That he had vowed to justify his life to God himself in all things; To govern the Kingdoms and Nations under his subjection justly and piously; To observe just judgment in all things; and if through the Intemperance or negligence of his youth he had hitherto done any things besides that which was IVST, that he promised by God's assistance to reform it all. Therefore I obtest and command all my Counselors, to whom I have committed the Co • nsels and Justice of my Realm, that by no means, either for fear of me, or through favor to any potent person, they should from henceforth do any Injustice, or cause it to sprout up in all my kingdom. Likewise I command all the Sheriffs and Officers throughout my Realm, as they desire to enjoy my favor or their own safety, that they do No unjust violence to any Man, neither to rich nor poor; but it shall be lawful for all, as well Noble as Ignoble to enjoy justice and right: from which they might not deviate in any manner, neither for Regal favor, nor for the person of any potent man, nec propter mihi congerendam pecuniam, quia nulla mihi necessitas est, ut iniqua exactione pecunia mihi congeratur; nor yet for raising o • heaping up money to me: Because there is no necessity for me (and let those who now plead Necessity both • or their own illegal imposing, levying of unjust uncessant heavy Taxes, Imposts, Excises on our Nations, without grant and common consent in Parliam • n •• consider it) that money should be raised and collected for my use by an injust exaction. After this he en • oyns them by thi • Letter; To pay all Debts and Duties due by the ancient Law; as Tithes of their corn and cattle, Peter-pence, and First fruits at the Feasts appointed, under pain of the penalties inflicted by the Laws, which he would strictly exact without pardon: Neither was he wor • e than his word • writes Malmesbury ) for he commanded all the Laws made by ancient Kings, and especially by his predecessor King Æthelred, to be forever observed, under pain of a regal mulct. To the custody of all which ancient Laws, Even now (writes he) our Kings are sworn, under the name of King Edwards Laws, non quod illa statuerit, sed observaverit. And Matthew Westminster records further; V • cecomitibus Regni Angliae et Praepositis, district mandav •• , ut nulli hominum vim inferant, nec propter pecuniam fisco reponendam in aliquo a Iustitia deviant, dum non habeat necessitatem de peccato pecuniam a • augere.

If this Forein Danish Conqueror and Usurper of the Crown of England • quod Bellico Iure ob • inebat, e • armorum violentia; as Willi • m Thorn records, was at last so just and equal to the English, as to reform all his former extravagant acts of Injustice, Exactions, Oppressions, to rel • ase all unjust Taxes, Exactions, Oppressions, and not to exact or raise any monies unjustly on the people, upon any real or pretended necessity, without their common consent in Parliament, by any of his Officers, should not our own English Conquerors, & domineering Grandees, now much more imitate this his laudable Example, who pretend not only to equal but exceed him in Saintship, Justice, Devotion, & no longer to oppress the grieved people with their arbitrary Tyrannical Taxes, Excises, Imposts, extravagan • violent poceedings in new ways of highest Injustice, as hitherto they have done, against all their Oaths, Covenants, Declarations, promises, and Engagements to the Nation.

King Cnut returning from Rome into England, Anno 1032. treated the English very justly and civilly, confessed redressed his own former and his ancestors extortions, oppressions, rapines, endowed many Monasteries with lands and privileges, and ratified them with his Charters. Hereupon Brithmerus Abbot of Croyland.

Which Charter he readily obtained in these memorable words, wherein he acknowledgeth his rapines and bloodshed to posterity. ✚ Then follow the subscriptions of both the Archbishops, sundry Bishops, Abbots, Earls and others.

The same year 1012. King Cnut granted and confirmed to the Abbot of Glastonbury, the Conusance of all ecclesiastical and secular causes within the Island of Glastonbury, by a special Charter, Cum Consilio & Decreto Archipraesulis nostri Edelnothi, • mulque cunctorum Dei Sacerdotum, & Consensu Optimatum meorum; as the words of the Charter atte •• , to the end it might be valid in Law. And the self same year King Cnut commanded Elstan, Abbot of S • . Augustine's in Canterbury to repair to him at the Feast of Pentecost, concerning the translation of the Corps of St. Mildretha to that Monastery, ut translationem faciendam, ipse Rex, per concessionem Procerum, & per literas suas firmius confirmaret, as William Thorn in his Chronicle relates.

King Cnut in the year 1033. on the Feast of Christ's Nativity, held a Parliamentary Council at Winchester, where, Uenerando Sapientum ejus Consilio, by the venerable Counsel of his Wisemen, he made and published sundry excellent Ecclesiastical and Civil Laws for the good government of the Church and Realm, to the praise of God, the honor of his Regality, and common good of the People, being 103 in the Saxon and 110 in the Latin Copies. His 61 Ecclesiastical Law thus resolves, against the Anti-Magistratical opinion of this licentious age, Christiano Regi • ure pertinet, ut injurias Deo factas vindicet, secundum quod acciderit.

His Civil Laws begin thus. Haec est institutio Legum secularium, quam communi Sapientum meorum Consilio, per totam Angl •• m •• n ri • • r • cipi • Imp • im • s volo, u • Iustae Leges erigantur, et injustae sub vertantur, et omnis Injustitia modis omnibus saerculetur, & a modo omnis homo dignus publica rectitudine reputetur, pa • per & dives quicunque • it, & eis justa judicia judicentur. I shall transcribe only • ome few of his Laws per • inent to my Theam.

• Lex 25. Prohibemus ne Christianus aliquis penitus pro parva re saltem ad mortem deducatur. Sed justitia pacificans pro necessitate populi exquiratur, ne pro levi re, opus manuum Dei, & sui ipsius pretium, quod profunde redemit desperet
• Lex 26. Praecipimus ne Christiani passim in exil • o vendantur, vel in Gentilitatem, ne forte pereant animae quas propria vita sua mercatus est Dominus noster Ihesus Christus.
• Lex 31. Omnis Injustitia deinceps opprimatur, Burgbotam & Brigbotam, & Scipforthunga & Frothunga, qui Navigii vel expeditionis sonant appara • um, sedulo procuremus • cum necesse fuerit ad commune regni nostri commodum. Et perquiramus simul modis omnibus quo modo praecipuum possit consilium ad profectum populi obtineri, rectaque Christianitas propensius erigi, & quicquid in • ustum est solertius enervari.
• Lex 34. Si quis deinceps V •• lage, i. e. non legem erigat, vel injustum judicium judicet, pro laesione, vel aliqua pecuniae susceptione, sit erga Regem, CXX s. reus in Anglorum laga, nisi cum juramento audeat inveritare, quod rectius nescivit judicare • & dignitatem suae legalitatis semper amittat si non e • m redimat erga Regem, sicut ei permit • ur. In Denelaga Lathslithes, reus sit si non juxet quod melius nescivit.
• Lex 36. Qui aliquem accusare praesumat, unde pecuniae vel commodo pejor sit, & denique mendacium pernoscatur, linguam suam perdat, vel Weregildo redimatur.
• Lex 37. Nemo Regem requiret de Iustitia facienda dum ei rectum offertur in Hundredo suo, & requiratur Hundredum secundum Witam, sicut justum est.
• Lex 38. Et habeatur in anno ter Burgimotus, & Scyremotus bis, nisi saepius sit necesse. Et intersit Episcopus et Aldermannus; et doceant ibi Dei rectum et seculi.
• Lex 59. Non est in aliquo tempore concessa INJUSTITIA, et tamen Injustitia est festis diebus et sanctificatis locis propensius interdicta. Semperque sicu • homo potentior est, vel majoris ordinis, sic debet solertius pro Deo et seculo quod justum est emenda • e. Et ideo gratam emendationem sedulo per quiramus de Scriptures Sanctis, et secularem juxta legem seculi.
• Lex 83. Si quis de morte Regis vel Domini sui quoquo modo traectaverit, vitae suae reus sit, • t omnium quae habebit, nisi triplici judicio se purget.
• Lex 91. Si quis Burgbotam, vel Brigbotam 1. burgi vel pontis refectionem, vel Firdfare, 1. in exercitum ire supersedeat, emendet hoc erga Regem C.xx. s. in Anglorum laga; in Denelaga sicut Lex stepit antea, vel ita se adlegiet, nominentur ei 14. et acquirat ex eis 11.
• Lex 96. Haec est allevi • tio quam omni populo meo praevidere volo, in quibus nimis omnino fuerant aggravati. Praec • pio Praepositis meis omnibus ut in proprio meo lucrentur, et inde mihi serviant. Et nemo cogatur ad firmae adjutorium aliquid dare, nisi sponte sua velit. Et si quis aliquem inde gravabit, Werae suae reus sit orga Regem.
• Lex 97. Si quis ex hac vita decedat sine distributione rerum suarum, vel per incustodiam • vel per mortem improvisam, non usurpet dominus ejus de pecunia ( nisi quantum ad justam Relevationem pertinet, quae Anglice vocatur Hereget) sed sit secundnm dictionem ejus ipsa pecunia recte divisa, uxori, pueris et propinquis, unicuique secundum modum qui ad eum pertinet. Et sint Relevationes ità minutae sicut modus est. Comitis, sicut ad eum per • inet, hoc est, octo equi, quatuor sellati, quatuor insellati, et galeae quatuor, et loricae quatuor, cum octo lanceis et totidem scutis, et gladii quatuor • et CC. marcae auri. Postea Thayni regis qui ei proximus sit, quatuor equi, duo sellati, et duo insellati; et duo gladii, et quatuor la • ceae, et totidem scuta, et galea cum lorica sua, et 50. marcae auri. Et mediocris Thayni, equus cum apparatu suo, et arma sua, vel suum Halsfang. in Westsaxia, in Mircenis ii l. in Estanglia, ii. l. Et si notus sit Regi, equi duo, unus cum sella et alius sine sella, et unus gladius, et duae lanceae, et totidem scuta, et 50 marcae auri. Et qui minus potest, det duas libras.
• Lex 104. Et qui fugiat à Domino vel socio suo pro timiditate in Exped • tione navali vel terrestri, per dat omne quod suum est, et suam • psius vitam, et manus mittat Dominus ad terram quam ei antea dederat. Et si terram haereditariam habeat, ipsa in manum regis transeat.
• Lex 105. Et qui in bello a • te Dominum suum ceciderit, s • t hoc in terra, sit alibi, sint relevatitones condonatae: et ha • be • nt haeredes ejus terram sicut et pecuniam suam, et recte dividant inter se.
• Lex 107. Et volo ut omnis homo pacem habeat eundo ad Gemo • um, v • l rediens de Gemoto, id est placito, nisi sit fur probatus.
• Lex 110. Qui leges istas apostabit quas Rex modo nobis omnibus indulsit, sit Dacus, sit Anglus, Werae suae reus sit erga reg • m. Et si secundo faciat, reddat bis Weram suam. Si quis addat tertio, r • us sit omnium quae habebit.

In the rest of his Laws all corporal and pecuniary penalties and fines for all sorts of Offences and Crimes, are reduced to a certainty, and none left arbitrary; and by Lex 104, 105. it is evident, that the Military Laws, as well as the Civil & Ecclesiastical, were made in and by advice and direction of the Great Councils.

The Chronicle of Brompton informs us, that King Cnut, per Chartam suam à se et haeredibus suis dedit, quàm cito post in Parliamento suo apud Wintoniam (when and where • hose Laws were made) coram omnibus Regni sui Magnatibus confirmavit, gave and confirmed the Manors of Hornyng, Ludham and Netershede to the Monastery of Cowholm in Norfolk : And that one Maynard riding towards this Parliamentary Council, brake his neck, who had so incensed the King against Wulfri • and the Monks of this Monastery, that he threatened to put • hem to death. What lands and privileges he gave by his Charters to St. Cuthberts Church in Durham, Christ's-Church in Canterbury, and other Monasteries, the Marginal Authors will inform us.

About the year 1034. King Cnut having obtained the Sovereign Dominion of England, Scotland, Norway, a great part of Sweden, and of all Denmark principally by the Sword, through the flattery of his followers, who styled him, a King of all Kings, most mighty Sovereign, and the like, who had under his subjection & Dominion not only the People and Land but the Sea likewise ; & also by reason of his Great Dominions, was so much elevated with pride of heart, that he once commanded the royal Throne of his Empire to be placed on the Sea shore near the water, as the Sea was flowing in upon it: and then stepping up into his Throne & sitting in it, he spake thus to the Sea in an imperious manner, as if he were absolute Sovereign of it. Tu meae ditionis es, &c. Thou art under my Dominion and part of my Empire, and the land on which I sit is mine, neither is there any one in it who dares resist my command, without punishment. Therefore I now command thee, that thou ascend and come not up upon my land, nor yet presume to wet my royal robes, nor the feet or Members of thy Sovereign. But the Sea, notwithstanding this Inhibition, ascending after its accustomed manner and nature, and no ways obeying his commands, wet both his feet, legs and royal Robes, without any revernce. Whereupon the King leaping hastily out of his Throne, almost over-late, and retiring from the waves; used these words: L • t all the Inhabitants of the world know, that the power of Kings is but vain and frivolous, and that no man is worthy the name of a King, but he alone, to whose beck both Heaven, Earth and the Sea obey by everlasting Laws. Henry de Knyghton superaddes thereto as part of his Speech, which most others omit. I am a Wretch and a Captive able to do nothing, possessing nothing wi • hout his gift; I commend; I recommend myself to him, and let him be the Guardian of debili • y, Amen. After which King Cnut never wore his Crown upon his head, but put it upon the head of the Crucifix at Winchester (as most accord) to the praise of the great King, thereby giving a great example of humility to Kings and Conquerors; who in the height of all their power, cannot command the Sea or least wave not to flow or wash them. Henry de Knyghton conceives this to be before his pilgrimage to Rome ; others expressly record it was after his return from thence, whose computation I here follow, and therefore place it in this year.

In the year of our Lord 1035. King Cnut, a little before his death, made this partition of his kingdoms amongst his Sons. Swane his son by Q. Algiva (or as some affirm of a Priests wife suborned by Algiva as her own) he made King of Norway ; his Son Harde-Cnut by Queen Emma, he caused to be crowned King of Denmark ; as Wigorniensis, Howden, and others write, yet some gainsay it, that he made his Son Harold King of England, and soon after died at Shaftesbury, November, 12. 1035. and was buried at Winchester. Immediatly after his decease the Nobles met at Oxford about the election of a new King • which our Historians thus express. Convenerunt apud Oxoniam ad Colloquium (as Mat. Westm. ) or Placitum magnum (as Huntindon and others style it) Proceres Regni, Vt de novo Rege creando tractarent ibidem. All the Nobles of the Realm assembled in a great Parliamentary Council or Court at Oxford, that they might consult about the electiction of a New King (which they would not have done had Harold been made King of England before by Cnut in his life time. • Leofric, Earl of Chester, and the rest of the Nobles on the Northside of the Thames, with all the Danish Princes and Londoners (who by conversing with the Danes amongst them, were corrupted wi • h their vices, and addicted to their party) elected Harold Son of Cnut by his Concubine Algiva, (whom • ome aver to be the son of a Tailor) for their King; But Godwin Earl of Kent, with the Princes of the Western part of England, contradicting them, would rather have elected Harde-Cnut, son of Cnut by Queen Emma, or one of the Sons of King E • helred and Emma, then in Normandy. After great strife and debate between the Nobles about the Election, because Harold was there personally present; but Harde-Cnut then in Denmark, and Alfred and Edward in Normandy, Harold's party prevailed against Earl Godwins, qui tandem vi & numero minor, cessit violentiae. Whereupon Harold was presently crowned King at Oxford by Elnothus Archbishop of Canterbury, though at first he was very unwilling to perform that service. For it is reported of him, that he having the regal Scepter and Crown in his custody, refused with an Oath to consecrate any other for King, so long as Queen Emma her children were living; for (said she) Cnut committed them to my trust and assurance, and to them will I give my faith and allegiance. This Scepter and Crown therefore I here lay down upon the Altar, neither do I deny nor deliver them to you; but I require by the Apostolic Authority, all Bishops, that none of them presume to take the same away, neither that they consecrate him King therewith; as for yourself, if you dare, you may usurp that which I have committed to God on this Table. Notwithstanding this great thunderclap being allayed with the showers of Golden promises of his just, good, and religious government intended (though present experience manifested the contrary) he was crowned by him Anno Anno. 1035. Henry Huntindon and others write, That they elected him King, only to keep the kingdom for his Brother Harde-Cnut then in Denmark: Harold and the Nobles of West-Sex, who opposed his election, upon advice taken, resolved, that Qneen Emma wife of the deceased King, should keep West-Sex and Winchester for the use of her Son Harde Cnut, and that Earl Godwin should be their Captain in military affairs. Roger Howden, and others record, That Harold being elected King by the consent of the major part of the Nobles of England, obtained the royal dignity, and began to reign, quia justus haeres, because he was a lawful heir ; yet he reigned not so powerfully as Cnut, quia justior haeres expectabatur Harde Cnutus, because a ju • ter heir Ha • de Cnut was expected: By reason of this disagreement amongst the Nobles, to please both parties; the kingdom of England was thereupon divided by Lot; Harold enjoying the Northern part thereof, and Harde-Cnutes friends retaining the Southern part of it for his use.

No sooner was Harold crowned King, but to secure himself the better in his Throne, he presently posted to Winchester with his forces, where tyrannically and forcibly taking away all the Treasures and goods which Cnut had left to Queen Emma his Mother-in-law, he banished her out of England into Flanders ; (some write, she was thus banished by the secret Counsel and treachery of Earl Godwin, whom she had made General of her forces for her preservation, who proved inconstant, and a Traitor to her and her children) where in this her distress she was honourably entertained by Earl Baldwin.

In the year 1036. Alfred eldest Son of King Æthelred coming over to claim his right in the Crown, was with his Norman associates, betrayed, and murdered by the treachery of Earl Godwin, of which I find these several different relations in our Historians.

Matthew Westminster, Ranulphus Cistrensis, and others out of them record; that Alfred being in Normandy, and hearing of the death of Cnut, came into England with 23. chosen ships full of Soldiers, ut paternum regnum de Iure sibi debitum, vel pacifice, vel si necessitas cogeret, armatorum praesidio obtineret ; that he might obtain his fathers kingdom, of right due unto him, either peaceably, or if necessity compelled, by force of arms. Who arriving with his forces at Sandwich Port, came as far as Canterbury: When Godwin Earl of Kent knew of his coming, he went to meet him, and receiving him in his fidelity, the very next night following completed • he part of the Traitor Judas upon him and his fellow-Soldiers. For after kisses of peace given, and joyful banquets, in the silence of the midnight, when as Alfred and his companions had given their Members to sleep, they were all taken unarmed in their beds, suspecting no harm, by a multitude of armed men rushing in upon them, and their hands being tied behind their backs, they were compelled to sit down in order one by another: Where sitting in this manner, nine of them were always beheaded, but the tenth dismissed, and his life reserved for a • ime: These things were acted at Gildeford, a royal Town. But when it seemed to be Traitor Godwin, that there were more yet remaining alive of them, than was profitable, he commanded them to be tithed over again, as before, and so very few of them remained alive. But young Alfred, every way worthy of royal honor, he sent bound to the City of London, to King Harold, (that thereby he might find greater favor with him) with those few of his followers who remained undecimated. So soon as the King saw young Alfred, he caused him • o be sent to the Isle of Eli, and there to have his eyes pulled out; of the pain whereof he soon after died; but he slew all his Soldiers too perniciously.

Florentius Wigorniensis, Roger de Howden, Simeou Dunelmensis, Radulphus de Diceto, Mr. Fox, and others relate, That the innocent Princes Alfred and Edward, sons of King Æthelred, came out of Normandy (where they had long resided with their Uncle Richard ) into England, accompanied with many Norman Soldiers, transpor • ed in a few ships, to confer with their Mother Emma, • hen residing at Winchester. Which some potent men, especially Earl Godwin ( • s was reported) took very unworthily and grievously, because ( licet injustum • sset ) although it were unjust, they were more devoted to Harold than to Alfred. Whereupou Harold persuaded King Harde-Cnut and the Lord's, not to suffer those Normans to be within the Realm for jeopardy, but rather to punish them for example; by which means he got authority to order the matter himself; Wherefore he met them on Guild-down, and there seised upon Prince Alfred, and retained him in close Prison when he was hastening towards London to confer with King Harold, as he had commanded: And apprehending all his followers, he ransacked some of them, others of them he put in chains, and afterwards put out their eyes; some of them he tormented and punished, by pulling off the skin from their heads, and cutting off their hands and feet; many of them he likewise commanded to be sold; and slew 600 men of them at Gildeford, with various and cruel deaths; whose Souls are believed now to rejoice with the Saints in Paradise, seeing • heir bodies were so cruelly slain in the fields without any fault; which Queen Emma hearing of, sent back her son Edward, who remained with her, with greatest haste into Normandy. After which, by the command of Earl Godwin and some others, Prince Alfred being bound most straitly in chains, was carried Prisoner to the Isle of Eli by ship; where he no sooner arrived, but his eyes were most cruelly pulled out, and so being led to the Monastery, was delivered to the Monks to be kept; where he soon after died, and was there interred. Some add, that after Alfred's eyes were put out, his belly was opened, and one end of his bowels drawn out and fastened to a stake, and his body pricked with sharp needles or poyneyards forced about, till all his entrails were extracted: in which most savage torture he ended his innocent life. Ranulphus Cistrensis in his Polychronicon. l. 6. c. 21. relates, that Godwin used this strange cruelty towards those Normans that came over with Alfred, whom he twice decimate • at Gildeford ; that he • ipped up their bellies, and fastened the ends of their guts to stakes, that were reared and pyght in the ground, and laid the bodies about the stakes till the last end of the guts came out.

The Author of the Book called Encomium Emmae, and Speed out of him, writes, That Harold was no sooner established King, but that he sought means how to rid Queen Emma secretly out of the way; and maliciously purposing took counsel, how he might train into his Hay the sons of Queen Emma, that so all occasions of danger against him, might at once for all be cut off. Many projects propounded, this lastly took effect; that a Letter should be counterfeited in Queen Emma's name unto her sons Edward and Alfred, • o instigate them to attempt the Crown usurped by Harold against their right. The Tenor of which Letter you may read in Speed. This Letter being cunningly carried, & digested by Alfred as savo • ing of no falsehood, he returned answer, he would come shortly over to attend his Mothers designs: which Harold being informed of, forelayes the coasts to apprehand him. Upon his coming on shore in England, Earl Godwin met him, and binding his assurance with his corporal Oath, became his Liege-man and guide to Queen Emma ; but being wrought firm for Harold, treacherously led these Strangers a contrary way, and lodging them at Guildford in several Companies, there tithed and murdered them as aforesaid.

Henry Huntindon, the Chro • icle of Brompton, William Caxton in his Chronicle, and another Historian mentioned by Mr. Fox, record, that this murder was after the death of King Harde-Cnut. When the Earls and Barons of England by common assent and counsel sent into Normandy for these two Brethren Alfred and Edward, intending to crown Alfred the elder Brother, and to make him King of England; and to this the Earls and Barons made their Oath. But Earl Godwin of West-Sax sought to slay these two brethren so soon as they came into England, to the intent he might make Harold (his own son by Cnutes daughter, or sister married to him) King; as some of these affirm; Others of them relate, that he intended only to destroy Alfred, being an Englishman by the Father, but a Norman by the Mother, whom he foresaw to be a person of such honor and courage, that he would disdain to mary his daughter, or to be swayed by him; and then to mary his daughter Godith to Edward the younger Brother, and to make him King, as being of a more mild and simple disposition, apt to be ruled by him. Hereupon Godwin went to Southampton to meet with the two Brothers at their landing. It fell out, that the Messengers sent into Normandy, found only Alfred there, Edward being then gone into Hungary to speak with his Cosen Edward the Outlaw, Ironsides son. When Alfred heard these Messengers tidings, he thanked God, and in all hast sped him to England, arriving at Southampton with some of his Mothers kindred, and many of his fellow-Soldiers of like age, who were Normans. Whereupon Godwin intimated to the Nobles of England, That Alfred had brought over too great a company of Normans with him, and had likewise promised the lands of the Englishmen to them, and therefore it would not be safe to instirpate such a valiant and crafty Nation amongst them. That these ought to undergo exemplary punishment, lest others by reason of their alliance to the King, should presume to intrude themselves amongst the English. And then posting to Southampton, welcomed and received Alfred with much joy, pretending to conduct him • afe to London, where the Barons waited for to make him King, and expected his coming; and so they passed forth together towards London. But when they came to Guild-down, Godwin said to Alfred • Lock round about thee on thy right hand and left, and behold what a kingdom shall be subjugated to thy Dominion. Upon which Alfred giving thanks to God, presently promi • ed, that if i • happened he should be crowned King, He would constitute such Laws as should be pleasing and acceptable both to God and Man. Which words were no sooner uttered, but the Traitor Godwin commanded all his men to apprehend Alfred, and to slay all the Normans that came with him in his company: and after that to carry Alfred into the Isle of Eli, and there to put out both his eyes, and to pull out his bowels; which they accordingly executed as aforesaid. And so died this innocent Alf • ed, right heir to the Crown, through the Treason of wicked Godwin. When the Lord's of England heard thereof, and how Alfred that should have been their King • was put to death • through the false Treason of Godwin, against their wills, 〈◊〉 were • onder • ull sorrow • ull and wr • th, and swore before God and Man, that he should die a worser Death than did Edric, which destroyed his Lord Edmond Ironside: and would immediately have put him to death, but that the Traitor fled, and escaped into Denmark, and there continued 4. years and more, and lost all his Lands, Rents, Goods and Chattels in England, confiscated in the mean time for this his Treason.

These Historians, though they somewhat vary in the time and occasion of Prince Alfred's death, yet they all agree in the substance of his and of his Norman Soldiers and Campanions treacherous, barbarous murders, by the joint or separate treachery of Earl Godwin, and his son Harold: Which how fatal it proved to them both, by God's avenging Justice, you shall hear in its due place, and what divine vengeance it drew at last on the whole English Nation, religious and judicious Mr. John Fox informs us in these words. This cruel fact of Godwin, and his men against the innocent Normans ; whether it came of himself, or of the Kings setting on, seemeth to me to be the cause why the justice of God did shortly after avenge the quarrel of these Normans, in conquering and subduing the English Nation, by William the Conqueror, and the Normans which came with him. For so just and right it was, that as the Normans coming with a natural English Prince, were murdered of English men; so afterwards the Englishmen should be slain and conquered by the Normans, coming with a foreign King, being none of their natural Country.

After the b • nishment of Queen Emma out of, and murder of Prince Alfred in England Harde-Cnut delaying the time in Denmark, and deferring his coming in • o England ; thereupon Harold, (formerly King only of • he Mercians, and Northumbrians, ) that he might r • ign over all England, in the year 1037. A Principib • s et omni Populo Rex eligit • r • was elected King by all the Nobles and People. Harde-Cnutus vero, quia in Denmarchia man's • rat, et ad Anglian, ut rogabatur, venire distulit, penitus abjicitur, as Florentius Wigorniensis, Simeon Dunelmensis, Howden, Brompton, Radulphus de Diceto, and others inform us. After which King Harold degenerating from Cnut his Father in all things, took no care at all either of military or civil affairs, nor of his own Courtly honor, doing only his own will, and contrary to his royal estate, going more willingly on foot, (of which he was so swift, that he was named Harefoot ) than riding on Horseback. In his days there were rendered and paid to 16 Ships from every Port (not In-land Towns) 8. marks of Silver, as in the time of his Father ; as Henry Huntindon records: to which John Speed subjoins; This Dane seeing his hazards prevented, sought to secure himself, and w • th 16 Ships of the Danish Fleet kept the Seas, which continued ever in a readiness and wafted from port to port: to the maintenance whereof, he charged the English with great payments, to their no little grudge and reviling; whereby he lost the love of his Subjects before it h • d taken root in their hearts. Neither held he long those disloyal courses, for that his speedy death did cut off the infamy of a longer life, he dying at Oxford, where he was elected King, without wife or children to survive his person, or revive his name, when he had reigned only 4. years, and as many months, Anno 1040.

Upon the death of Harold, Proceres tam Anglorum, quam Danorum in unum concordantes sententiam; the Nob • es both of the English and Danes (assembling together in a Parliamentary Council) and concording in one opinion, sent Ambassadors to Harde-Cnut, then at Bruges in Flanders, visiting Queen Emma his Mother (where he had made great preparation of ships and land-forces, to recover the Crown of England, which belonged to him both by birth and compact, from his brother Harold ) beseeching him, to make hast into England, and to take possession of the Crown thereof. Whereupon he immediately consenting to the Counsel of the Nobles, came speedily into England with 60, as some, or 40 ships, as others write, furnished with Danish Soldiers and Mariners ; where he was rec • ived with great joy, elected King both by the English and Danes, and solemnly crowned at London by Elnothus Archbishop of Canterbury. Soon after he commanded Alfric Archbishop of York, Earl Godwin, and others, to dig up the interred corps of his brother King Harold out of his grave in London, and his head to be cut off by the hangman, and then both head and corps to be thrown into the Common sink, and after that into the Thames. And that partly in revenge of the injuries done by him to his Mother Queen Emma, in banishing and spoiling her of her money and jewels, against all right and justice: and partly for his unjust invasion of the Crown of England ; but in truth, as a just retaliation of his barbarous cruelty to Prince Alfred and his Normans. For whose treacherous inhumane slaughter, King Harde-Cnut deprived Alfred Bishop of Worcester of his Bishopric, whose hands were said to have been in Alfred's blood. And for which murder he likewise looked with an evil eye upon Earl Godwin, compelling him to an Oath of Purgation touching the same. Whereupon Godwin by his own Oath, and the Oaths of most of the Nobles of the Realm his compurgators swore • (though most falsely) That Prince Alfred's eyes were not put out, nor he murdered (as aforesaid) by his Counsel or consent, but what was done therein, was only by the command of King Harold, which he durst not resist. Notwithstanding which Oath, to purchase his peace with Harde-Cnut, he presented him with a most rich and royal present, to wit, with a Ship, whose stern was of gold, with 80 Soldiers placed therein, all uniformly and richly suited, having on their heads gilt Burgonets, on their arms bracelets of Gold, on their bodies, Habergeons, Swords, Battle-axes, Targets, and other arms after the Danish fashion, all richly gilt, with gilt bosses and darts in their hands. Which Present, though it pacified the Kings indignation, yet it prevented not God's avenging justice on him afterwards for Alfred's blood; thus partly avenged on Harold's carcass, which was cast into the Thames, and mangled according to Hard-Cnutes command, and lay floating on the water sundry days, till a Fisherman in compassion took up his corps, and buried it privately in St. Clements Danes.

Soon after Harde-Cnut in the second year of his reign, commanded 8. Marks to be paid to every Mariner; Some write 20. others 30. marks, to every Shipwright of his Danish Navy ; besides a vast sum of money to his Land-Army: Hujus anno secundo redditus est Census Exercitui Dacorum, scilicet 21000 lib. & 89 lib. Et posteà sunt redditae 32. puppibus, 11000 lib. & 48. lib. writes Henry Huntindon: Tributum inexorabile et importabile Angliae imposuit, ut Classiariis suis per singulas n • ves vigin • i • ac triginti marcas ex pollicito pensitaret. Quod dum importune per Angliam exigitur, duo infestius hoc munus exequentes, a Wigorniae Civibus extincti sunt ; as Will: of Malmesbury expresseth it. Hic etiam contra omnem spem octo Marcas unicuique remigi Classis suae de importabili tributo Angliae solvi fecit, So Brompton ; Which • lorentius Wigorniensis, Howden, Simeon Dunelmensis, Matthew Westminster, Polychronicon, Caxton, Fabian, Holinshed, Grafton and Speed, thus more at large relate. Anno 1040. Octo Marcas unicuique suae classis Remigi, et 12. unicuique gubernatori de tota Anglia praecepit dependi, Tributum videlicet tam grave, ut vix aliquis id possit persolvere. Quapropter omnibus qui prius adventum ejus desiderabant magnopere, factus est exosus summopere. Anno 1041. Harde-Cnut King of England, Huscarlas missit per omnes regni sui Provincias: Or, Ministros suos per omnes fines regni destinavit; sent his Officers through all the Counties & parts of the Realm, to exact and collect the Tribute which he had imposed, without sparing any, and to furnish his Mariners with all necessaries from thence. Two of which O • ficers Faeder and Turstin exacting this Importable Tribute with great rigor and cruelty from the Inhabitants of the County and City of Worcester, were thereupon tumultuously slain by them in a Monastery, whither they fled for Sanctuary, on the 4 th day of May. The King being very much incensed therewith, sent Godwin with all the rest of the Earls of England, and almost all his Officers and whole army thither, • o avenge their deaths, commanding them to slay all the men if they could, & to pillage and burn the whole City and County; who coming thither the 2. of November, wasted the City and County for 4. days space, but took or slew few of the City or County, because they having notice of their coming, fled all away to an Island in the midst of Severn called Beverage, which • hey fortified, and so long manfully defended against their Enemies, til they had recovered their peace, and obtained leave quietly to return to their homes. Whereupon on the fifth day they burnt the City, everyone returning with great booties ; and thereupon the Kings wrath was pacified, but his reputation much eclipsed, and the affections of the people lost by that cruelty and Tax; Which it seems was imposed by his own arbitrary power, without any Grant or common consent in a Parliamentary Council. Unde cunctis qui prius ejus adventum optaverant in Angliam exosus effectus est, writes Mat. Westminster: Contumeliam famae & amori suo detrimentum ingessit, adds Malmesbury, This whole Tribute amounted but to 32137 l. which came not to the moity of one Moneths Contribution, or Excise in our days. John Speed and some others write, That Earl Godwin devising how the Crown might be worn by him or his, to separate the hearts of the Subjects from the Prince, (thaen which there can be no greater wound unto both) caused the King to impose heavy Tributes upon the English, only to pay the Danes in his Fleet, appointing every common Soldier and Mariner to receive 8. Marks in money, and every Officer and Master 12. amounting to the sum of 32147 l. for the payment whereof there was so great a grudge, that two of his Collectors were slain by the Citizens of Worcester; which caused their City to be burnt, and part of the County to be spoiled by the Kings command, and their Bishop Alfred expulsed the See, til with money he had purchased his peace. But observe God's Justice on this Exactor and Tax-imposing King, soon after his cruelty at Worcester, as he was revelling and carrouzing amidst his cups at Lambeth at a solemn Marriage-feast between a Danish Lord, and Gotha an English Lady, he suddenly fell down dead to the ground without speech or breath, • ot being lamented nor desired, by reason of his unwonted Taxes, excess and riot. Yea, so far were all • orts from bewailing him, that in regard of their freedom from the Danish yoke which they attained, ever since among the Common people, the 8. of June (the very day of his death) is annually celebrated with open pastimes in the street (as the old Romans kept their Fugalia for chasing out their King,) which time is now called Hoc-tide, or Herextide, signifying a time of scorning or contempt, which fell upon the Danes by his death, when he had voluptuously and oppressingly reigned over the English not full two years, wanting ten days thereof.

Now here take special notice of God's exemplary justice upon King Cnut, the Danish Usurper and Invader of other men's Crowns and Kingdoms, by treachery, blood, war, treason, the murders of Edmund Ironside, Pr. Edwin, and Alfred, and exile of the Royal posterity. His base Son Harold dispossessed his Legitimate Son Harde-Cnut of the Crown of England, contrary to his will and contract, banished and spoiled his own Queen Emma of her Treasure and Jewels, oppressed the people with Taxes, and was soon cut 〈◊〉 by death, without any issue. Harde-Cnut after his death digs up his Brother Harold's corps, beheads, and then throws it into the common sink & Thames, incurs God's and his Peoples hatred by his Oppressions, Taxes, Luxury; and is taken away suddenly in the midst of his age, without issue, before he had reigned two years. His Son Swane to whom he bequeathed the Kingdom of Norway (which he got by treachery, bribery, force, and the expulsion, murder o • their rightful pious King Olaus ) was expelled both out of Norway and Denmark too by Magnus the Son of Olaus ; the English Army sent by Harde-Cnut, to reestablish him in the Kingdom of Norway, routed in the field, and so forced home thence with dishonor, leaving Magnus in possession, not only of Norway but Denmark, which he conquered, and made Tributary to him. Thus were all his three Sons, within 8 years space after Cnutes death, quite stripped of all their three Kingdoms, acquired by war, blood, conquest, treachery, and the English and Norwegian royal lines restored to their rights and Crowns again. What persons then in their right senses 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 men's 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 Historical Collection of all the Parliamentary Councils, State-Assemblies, Historical Passages, and Proceedings that concern the Fundamental Liberties, Privileges, 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.

K ING Harde-Cnut being suddenly taken out of this world without issue by divine Justice on the 6 day of June Anno 1042. thereupon the Earls and Barons of England, immediately • fter his death, assembled together in a Great Council, about the election of a New King: Wherein OMNES ANGLORUM MAGNATES ad invic • m tractantes, DE COMMVNI CONCILIO ET JURAMENTO STATUERUNT, QUOD NUNQUAM TEMPORIBUS FUTURIS ALIQUIS DACUS SUPER EOS IN ANGLIA REGNARET; & hoc maxim • pro contemptibus quos Angli à Danis saepiu • acc • perunt, &c. as the Chronicle of Brompton & others inform us: All the Nobles of the English treating together decreed by common advice, which they ratified with an oath; THAT IN TIMES TO COME NEVER ANY DA • E (or person of the Danish blood) SHOULD REIGN OR BE KING OVER THEM IN ENGLAND ANY MORE; disclaiming all Danish subjection; & that especially for the cont • mpts 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 • oot, but stand st • ll till the Dane was passed qui • e over it. And mor • over, if the Englishmen had not bowed down their heads to do reverence to the D • n • s, they should presently have undergo • e great punishments and stripes. Whereupon King Harde-Cnut being dead, the English rising up against them, drove all the Danes, being then without a King and Captain • , 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 Cnut as you heard before, caused the temporizing English Bishops, Nobles and Barons assembled in a Parliamentary Council, against their oaths of allegiance to King Æthelred, Edmund Ironside and their heirs, no less then twice one after another, to renounce, cast off, and abjure their regal Posterity, to make them incapable of the Crown of England, and settle the inheritanc • of i • 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 a • d Oath, abjure, renounce, and eternally disinherit all the Danish blood-royal of the Crown of England, and restore the Saxon English royal line to that sovereignty, which they had formerly disclaimed: such are the vicissitudes of divine • ustice and providence, worthy our observation in these wheeling times wherein we live, when no man knoweth what changes of like nature one day or year may bring forth.

The English putting their Decree for cashiering all the Danes in execution, turned the mout of all the Castles, Forts, Garrisons, Cities, Villages th • oughout England, as well those of the Royal 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 jam DACORUM DOMINIO LIBERATI, The Nobles therefore of Engl. being thus freed from the Danes dominion; for so much of God of his mercy and providence (who is the maker of heirs) thought good after the woe • ull captivity of the English Nation, to grant them some respite of deliverance in taking away the Danish Kings without any issue left behind them, who reigning here in England kept the English people in miserable subjection about the space of 28 years, and from their first landing in the time of King Brictricus, wasted and vexed this land for the space of 255 years: their Tyranny now coming to an end by the death of Harde Cnut ; they thereupon assembling together in a great Council, with a general consent, elected Prince Edward (surnamed the Confessor, the youngest and only surviving son of King Æthelred ) 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 men's 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 Lord's sent messengers to him, to come over and take p • aceable possession of the Kingdom 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 steer, 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, scie • ti administrare principatum per aetaten • severe, 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, Giling • am (or rather L • ndoniam • CONGREGATO CONCILIO, rationibus suis explicitis regem effecit, Dominio palam ab omnibus da • o, as Malmesbury ; or electus • st in Regem ab omni populo, as Huntindon and others express it. After which on Easter day, Apr 2. 1043. he was solemnly crowned King at Winchester, with great pomp, by Eadsi Arch-bishop of Canterbury, by the unanimou • consent of the Archbishops, Bishops, Nobles, Cle • gie and people of Engla • d, to their great joy and content, without the least opposition, war or blood-shed, after 25 years 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 Cnut had banished, and almost extinguished th • whole royal issue of the English race, almost p • st any possibility or probabi • ity of their restitution to the Crown, which he had forcibly invaded by the sword; on a certain night fell into a s • d deep contemplation of the forlorn condition of the royal Progeny of the English nation, then almo • t quite deleted by the Danes, and of the miserable condition of England under these foreign usurpers. After which falling into a deep sleep, he saw in a vision the Apostle S. Peter himself, holding Prince Edward (then an exile in Normandy ) by the hand, and anointing him King in his sight: who declared to him at large how holy this Edward should be, that his reign should be peaceable, and that it should continue for 23 years. After which Bryghtwold being yet unsatisfied who should succeed him, and doubting of Edwards offspring, demanded of S. Pet • r, who should succeed him? whereunto S. Peter returned him this answer, REGNUM ANGLIAE EST REGNUM DEI, ET IPSE SIBI REGES (or REGEM as some render it) PROVIDEBIT. The Realm of England is God's Ki • gdome, and he himself shall provide Kings, or a King for himself, according to his good pleasure. Yea the golden legend of King Edwards life informs us, THAT HE WAS CHOSEN KING OF ENGLAND BY CONSENT OF PARLIAMENT WHILES HE WAS YET IN HIS MOTHERS WOMB, as well as after Hard • -Cnut 's death. Take the relation of it in Abbot Ailreds words; and of Brig • twolds vision likewise. Cum igitur gloriosus Rex Ethelredus ex filia praeclarissimi comitis Thoreti filium suscepisset Eadmundum, cognomento Ferreumlatus, ex Regina autem Emma, Aluredum; beatus Edvardus inter Viscera materna conclusus utri{que} praeferiur agent • o qui omnia operatur secundum concilium voluntatis suae, qui dominatur in regno hominum, & cui voluerit dat illud. FIT MAGNUS CORAM REGE EPISCOPORUM PROCERUMQUE CONVENTUS, magnus plebis vulgique concursus, & quia jam futurae cladis indicia saeva praecesserant, AGITUR INTER EOS DE REGNI STATU TRACTATUS. Deinde Rex successorem sibi designar • desiderans, QUID SINGULIS, QUI DVE OMNIBUS VIDERETUR EXPLORAT. Pro diversorum diversa senentia res pendebat in dubio. Alii enim Eadmundum ob invictissimum robur corporis, cae • eris aestimant praeferendum: alii ob virtutem Normannici gene • is Aluredum, promov • ndum tutiùs arbitrantur. Sed futurorum omnium praescius, prioris brevissimam vitam, all • erius mortem immaturam prospici • ns, in puerū nec dum natū UNIVERSORUM VOTA CONVERTIT. Vtero adhuc clauditur, & in Regem eligitur, non natus natis praefertur, & quem nec dum terra susceperat, terrae dominus designatur. Praebet elect • oni REX CONSENSUM, laeti PRAEBENT PROCERES SACRAMENTUM, & inusitato miraculo IN Ejus FIDELITATE JURARUNT, qui utrum nasceretur ignorarunt. Tua haec sunt o •• ra, Christ Jesu, qui omnia operaris in omnibus, qui electum & dilectum tibi an • e mundi constitutionem plebis tui recto • em hiis indiciis declarasti; quem li • et per illos, non tamen illi, s • d tu potius elegisti. Quis enim non videat • ec aptum usui, nec conveniens tempo • i, nec consonum rationi, nec humano ferendum fuisse sensui, us omissis fili • l • gi • im • s & adultis, hostili gladio imminente, parvulus, necdum natus ELIGERETUR IN REGEM quem in tali n • cessitate n • c hosts m • tuerent, nec cives revererentur. Sed omnipotence Deus Spiritum prophesiae v • ci simul & affectui plebis infudit, praesentia mal • spe futurae consolationis temperans, ut sciant omnes in totius regni consolat • onem regem futurum, quem ab ipso Deo, plebe nesciente quid fecerit, nullus dabitaret electum. Saevibat interim gladius hostilis in Anglia; caedibus & rapinis omnia replebantur, ubique luctus, ubique clamor, ubique desolatio. Incenduntur ecclesiae, monasteria devastantur, & ut verbis propheticis utar, effuderu • t sanguinem sanctorum in circuitu Jerusalem, & non erat qui sepeliret. Sacerdotes suis fugati sedibus, sicubi pax & quies aliqua in monasteriis vel locis desertis inv • niebatur, communem miseriam deplorantes delitescebant. Inter quos vener abilis Bryghtwaldus Wintoniensis Episcopus, caenobium Glastoniense maerens & tristis ingressus, orationibus vacabat & psalmis. Qui cum aliquando pro Regis, plebisque liberatione preces lacrymas{que} profunderet, quasi in haec verba prorumpens. Et tu, inquit, Domine usque quo? usque quo avertis faciem tuam, obliviscens inopiae nostrae & tribulationis nostrae? Sanctos tuos occiderunt, altaria tua suffoderunt, & non est qui redimat, neque qui salvum faciat. Scio Domine, scio, quia omnia quae fecisti nobis, in vero judicio fecisti: sed nunquid in aeternum projiciet Deus, & non opponet & complacitus sit adhuc? erit ne Domine Deus meus, erit ne finis horum mirabilium? aut in aeternum tuus in nos mucro desaeviet, & percutias usque ad internecionem? Inter prices tandem & lachrimas • atigatum soper suavis excepit ; vidit{que} per somnium cael • stem chorum cum lumine, bea • issimumque Petrum in • min • nti loco constitutum, dignum tantae majestati habi • um praeferentem. Videba • ur ante eum vir praeclari vultus in forma decen • i regalibus amictus insigniis, qu • m cum p • opriis manibus Apostolus censecrasset & uuxiss • t in regem • monita salu • is adjicit, praecipu • qu • caelib • m vitam commendans, quot esset annos regnaturus ape • uit. O • stupefactus Praesul tanti novitate mi • aculi, petit sibi à san •• o visions hujus mysterium revelari: de statu insuper regni & instantis • ine periculi apostolicum exegit oraculum. Tunc factus vul • u placido in tuins in • uentem. Domini, inquit, o Praesul, Domini est regnum, ipse dominatur in filiis hominum. Ipse transfert regna, & mutatimperia, & propter peccata populi regnare facit hypocritam. Peccatum p • ccavit populus tuus Domino, & tradidit eos in manus Gentium, & dominati sunt etiam qui oderunt eos. Sed non obliviscitur misereri Deus, nec continebit in ira sua milericordias suas, Erit enim, cum dormis cum patribus tuis sepultus in senectute bona, visitabit Dominus populū suū, & faciet redemtionem plebis suae Eliget enim sibi virū secundum cor suum qui faciet omnes voluntates suas; qui me opitulante regnū adeptus, Anglorum Danico furori finem imponet. Erit enim acceptus Deo & gratus hominibus, amabilis civibus, terribilis hostibus, utilis ecclesiae. Qui cum praescriptum terminū regnandi in justitia & pace compleverit, laudabilem vitam sancto fine concludet. Quae omnia in beato Edwardo completa r • i • xi • us comprobavit; Expergefactus Pontif • x ru • sus ad preces lac • imasque convertitur, & licet faelicitat • m suae gentis non esset ipse visurus, de malorum tamen fine c • rtus effectus, gratias agens Deo plurimum gratulabatur • Fa • tus igitur animaequior, populis poeni • entiam praedicabat, quibus D • us misericordiam non defuturam constantissim • pollicaba • ur.

From these passages whether real, as man • , as fictitious as some repute them, I shall only observe these real Truths.

• 1. That in King E • helreds reign, great Parliamentary Councils were usually assembled, to consult of the weighty affairs, state, if not succession of the Realm of England.
• 2. That godly men in all ages have been deeply affected with the misery, exile, disinheriting, and ex • irpation of the Royal Issue and Posterity, by invading foreign usurpers, and with the oppressions of their native country under their usu • ped power; and have poured forth frequent and fervent prayers unto God in secre • , for their restitution and relief.
• 3. That the Nobility, Clergy and people of England have ever had a propense natural inclination and affection to the true royal Blood and Posterity of the Nation, though forcibly constrained to abjure and renoun • e them for a season by prevailing Intruders; electing them for their Kings, and preferring them before all others upon the very next opportunity to vindicate their rights and liberties, and rejecting the usurpers and their race.
• 4. That though the Kings of England were usually reputed hereditary, yet in truth they were for the most part actually elected by the Prelates and Nobles in parliamentary Councils, and appointed by the generality of the Clergy and people, and had oaths of allegiance given to them by their subjects.
• 5. That God doth many times beyond all probability and expectation, restore disinherited Princes to their Crowns, of which they have been • orcibly deprived after many years dispossession, and withou • any wars or effusion of blood, even by the Nobles and people's own voluntary choice and act, without their seeking: as he did here restore Prince Edward after 25 years interruption, and Aurelius Ambrosius long before to the British Crown, to omit all others.
• 6. That Crowns invaded, ravished by force of arms and bloodshed, are seldom long or peaceably enjoyed by the usurpers themselves or their posterity, that of Curtius being an experimental truth, Non est diu • turna possessio in quam gladio inducimur.

All which we find experimentally verified in this History of King Edward his election and restitution to the Crown of England, worthy our special observation.

King Edw. coming to the Crown, was not only very charitable to the poor, humble, merciful and just towards all men, but also PLURES L • GES BONAS IN ANGLIA STATUIT, quae pro majore pa • te adhuc in regno tenerentur. Whereupon about the year 1043. (as the Chron • cle of Brompton, William Caxton, in his Chronicle, and Mr. Selden inform us) Earl Godwin, a fugitive in Denmark for the murder of prince Alfred, hearing of his piety and mercy, resolved to return into England, humbly to implore his mercy and grace, that he might have his lands again that were confiscated: having provided all things for his voyage, he put to sea and arrived in Englan • , and then posted to London, UBI REX ET OMNES MAGNATES AD PARLIAMENTUM TUM FUERUNT, Where the King and all the Nobles were then at a parliament: here he beseeched & entreated his friends & kindred, who were the greatest Lord's of the land after the King, that they would study to procure to him the Kings Grace and friendship, who having thereupon taken deliberate counsel among themselves, led him with them before the King to seek his Grace: But so soon as the King saw him he presently appealed him of TREASON, & of the death of Alfred his brother, and using these words unto him, said; THOU TRAITOUR GODWIN, • THEE APPEAL FOR THE DEATH OF ALFRED MY BROTHER WHOM THOU HAST TRAIT • ROUSLY SLAIN. To whom Godwin excusing himself, answered, My Lord and King,, saving your Revere • c • , and Grace, Peace, & Lordship, I never betrayed, nor ye • slew your Brother: unde super hoc pono me IN CONSIDERATIONE CURIAE VESTRAE; whence I put my s • lf upon the consideration and judgment of your Cour • concerning this matter. Then said the King KARISSIMI DOMINI, COMITES ET BARONES TERRAE, &c. Most dear Lord's, Earls and Barons of the land, who are my Liege-men now here assembled, you have heard both my appeal and Godwins answer, Volo quod inter Nos in i • ta appellatione, RECTUM JUDICIUM DECERNATIS, ET DEBITAM JUSTITIAM FACIATIS: I will that between us in this appeal you award right Judgment and do due Iustic • . COMITIBUS VERO ET BARONIBUS SUPER HOC AD INVICEM TRACTANTIBUS. Hereupon the Earls and Barons debating upon this business among themselves, some among th • m were different in their opinions from others in doing just judgem • nt herein. For some said, that Godwin was never obliged to the King, (so Brompton, to Alfred writes Cax • on ) by homage, service, or fealty; and therefore HE WAS NOT HIS TRAITOUR, and that he had not slain Alfred with his own hands. But others said, Quod Comes, nec Baro, nec aliquis Regi subditus, BELLUM CONTRA REGEM IN APPELLATIONE SUA DE LEGE POT • ST VADIARE: That neither the Earl nor any Baron, nor any Subject to the King, could by the Law wage Battle against the King in his Appeal, but ought wholly to put himself in his mercy, and to offer him competent amends. Then Leofric Earl of Chester (or Coventry, as Caxton ) a good man towards God and the world, spake and said: The Earl Godwin, after the King, is a man of the best parentage of all England; and he cannot deny but that BY HIS COUNCEL Alfred th • Kings Brother was slain; wherefore I award as touching my par • , that himself and his son, and every of us, DUODECIM COMITES, the twelve Earls who are his friends and kinsmen sh • uld go humbly before the King laden with as much gold and silver as every of us can carry between his arms, offering that to him for his trespass, and submissively depr • cating, that he woul • pardon all his rancor and ill-will to the Earl, and receiving his homage and feal • y, he would restore and redeliver his lands entirely to him • Unto which award THEY ALL ACCORDING, they all laded themselves with treasure in the manner aforesaid, and g • ing to the King, declared unto him the order and mann • r of their JUDGEMENT, or AWARD. QUORUM CONSIDERATIONI REX CONTRADICERE NOLENS, QUICQUID JUDICAVERANT PER OMNIA RATI • ICAVIT. The King not willing to contradict them in anything th • y had judged, ratified the same in all things. An agreement therefore being made between th • m in this manner, the Earl presently regained all his lands.

The generality of our Historians (as Brom • on confesseth) deny that Godwin ever fled into D • nmark, or left England for the murder of Alfred ; they generally aff • rming, that he purged himself thereof (though falsely) CORAM PROCERIBUS, before the Nobles in the reign of Harde-Cnut ; swearing with his compurgators that he never consented to his death NISI REGIA VI COACTUS, but through compulsion by royal violence. Recording likewise, that after the death of King Harde-Cnut, Prince Edward was called out of Normandy, and elected King, principally by the help and counsel of Earl Godwin himself, who (as Malmesbu • y and others write) persuaded him to accept the Crown, and precontracted with him before h • came into England: Paciscatur ergo sibi amicitiam solidam, filiis honores integros, filiae matrimonium; brevi futurum ut se Regem videat, qui nunc vitae naufragus, exul spei, alterius opem implorat. Utrinque fide data, quicquid petebatur sacramento firmavit. If there were then any such Parliament as this then held at London, and such proceedings in it concerning Godwin it was most probably in the year 1043 • as I here place it. And from these memorable proceedings in it, we may observe,

• 1. That there is mention only of the King, Earls and Barons present in this Parliament as members of it, not of any Knights of shires, Citizens or Burgesses elected by the people, of which there is not one syllable.
• 2. That the Earls and Barons in Parliament were the only judges in that age in Parliament between the King and his Nobles, subjects, both in criminal and other causes there decided.
• 3. That Peers in that age were only tried and judged by their Peers, for treason and capital offenses.
• 4. That appeals of Treason were then tried in Parliament, and the Earls and Barons the sole Judges of them, and of what offenses were Treason and what not.
• 5. That the Bishops and Clergy in that age had no votes in matters of Treason and capital offenses.
• 6. That the Judgment of Parliament then re • ted properly in the Earls and Barons, not the King: and that their judgment was not repealable by, but obligatory to the King himself.
• 7. That no Subject could then by law wage battle against the King in an Appeal.
• 8. That the murder of Prince Alfred, then heir to the Crown, in the time of Harold an actual King by usurpation without any good title, by his command, was reputed a treasonable offense in Earl Godwin, for which he forfeited his lands, and was forced to purchase his pardon and lands restitution with a great fine and sum to the King.
• 9. That though the Author of the Chronicle of Brompton (& Caxton out of him) • t • le this Assembly PARLIAMENTUM, a Parliament, not a COUNCIL, yet it is only according to the style of the age wherein he writ (being in the reign of King Edward the third ) as Mr. Selden proves, not according to the dialect of the age wherein it was held; to which the term Parliamentum was a mere stranger, and CONCILIUM MAGNUM, &c. the usual name expressing such Assemblies.

King Edward, Anno 1643. immediately after his Coronation came suddenly from Gloucester to Winchester, attended with Earl Godwin, Siward and Leofric, and by their advice forcibly took from his Mother Queen Emma, all her gold, silver, jewels, and precious stones, and whatever rich things else she possessed, commanding only necessaries to be administered to her there. The cause of which unjust act, some affirm to be Godwins malice towards her; others affirm it to be, her unnaturalness to King Æthelred her first husband, and her own sons by him, Alfred and Edward ; In loving and marrying Cnut their enemy and supplanter, when living, and applauding him when dead, more then Æthelred. In advancing Harde-Cnut her • on by him to the Crown, and endeavoring to deprive Alfred & Edward thereof. In refusing to give anything toward Prince Edw: his maintenance whiles in ex • le and distress, although he oft requested her to supply his necessities. In having some hand in the murder of Prince Alfred, and endeavoring to poison King Edward himself, as the Chronicle of Brompton relates. After which, by the instigation of Robert Archbishop of Canterbury, a Norman born, he again spoiled her of all she had, and shut her up prisoner in the Abbey of Werwel, upon suspicion of incontinency with Alwin Bishop of Winchester, from which false imputation she purged herself and the Bishop, by passing barefoot over nine red hot ploughshares without any harm. Whereupon the King craved mercy and pardon from her for the infamy and injury done unto her; for which he was disciplined and whipped by his Mother, and all the Bishops there present.

Anno 1044. There was GENERALE CONCILIUM CELEBRATUN, a General Council held at London, wherein Wolm • r was elected Abbot of Evesham. And this year King Edward DE COMMUNI CONCIDIO PROCERUM SUORUM, as Brompton and others write (mo • t likely when assembled in the Council at London ) married Edith daughter of Earl Godwin in patrocinium regni sui, he being the mo • t potent man in all the Realm; there being in her breast a magazine of all liberal virtues. And this same year (most probable by this same Councils Edict) Gunilda, a noble Matron, King C • ute 's sisters daughter, with her two sons Hemming and Thurkell, were banished out of England into Flanders, from whence after a little stay they departed into Denmark : King Edward in the year 1045. assembled together to the port of Sandwich a very numerous and strong Navy, against Magnus King of Norway, purposing to invade Engl. But Swane King of Denmark then warring upon him, hindered his voyage for Engla • d. The next year 1046. Osgodus Clapa was banished out of England.

Swan • King of Denmark Anno 1047. sent Ambassadors to King Edward, desiring him to send a Navy to him agai • st Magnus King of Norway. Hereupon Earl Godwin counseled the King, to send him at least fifty ships furnished with soldiers: Sed quia Leofrico comiti, ET OMNI POPULO id non vid • batur consilium, & CAETERI PROCERES DISSUASERUNT, nullum ei mittere voluit. But because that Council seemed not good to Earl Leofric and all the people, and the rest of the Nobles dissuaded him from it, he would send no ships to him. Magnus furnished with a great Navy fought with Swane, and after a great slaughter on both sides, expelled him out of Denmark, reigned in it, and compelled the Danes to pay him a great Tribute.

Harold Harvager King of Norway, Anno 1048. sent Ambassadors to King Edward, offering peace and friendship to him, which he embraced. Also Swane King of Denmark sent other Ambassadors to him this year, requesting a naval assi • tance of ships from him. But although Earl Godwin was willing, that at least fifty ships should be sent him, yet none were sent, because Earl Leofric, OMNISQUE POPULUS UNO ORE CONTRADIXERUNT, and all the people contradicted it with one voice. Abbot Ingulphus records, That Wulgat Abbot of S. P • ga, whose Abbey was quite destroyed and burnt to the ground by the Danes, had a long suit in the Kings Court with three Abbots of Burgh, concerning the seat of his Abbey, especially with Abbot Leofric, with whom he most strongly contended: Sed Regis curia nimium fav • nte potentiori, & contra pauperem sententiante, tandem sedem monasterii sui perdidit. Tanta fuit Abbatis Leofrici pecunia: tanta Comitis Godwini potentia, which he thus repeats. Illo in tempore venerabilis Pater Wulgatus Abbas Pegelandiae diutissimam calumniam passus ab Abbatibus Burgi, Elfrico, Arwino & Leofrico, Abbatiae suae sedem amittens tandem succubuit, & (pro • nefas!) totum situm monasterii sui JUDICIO REGALIS CURIAE PERDIDIT. Tantum tunc potuit super Iustitiam pecunia, contra veritatem versutia, & in CURIA regis Hardecnuti Godwini potentia. After which he adds, that in the year 1048. when the said Abbot Wulgat having lost the site of his Monastery, had laid the foundation of a new Monastery in his Manor of Northburt, next adjoining to the old, intending to translate his Abbey thither, and diligently labored to re-edify a Church, Dormitory, with other claustral offices there, being assisted with the alms of many believers, Ferno • us, a K ^t . L ^d . of Bosworth, openly showed out of the Abbots own writings, that the said Manor of Northburt was given by his progenitors to the Monastery of S. P • ga and to the Monks there serving God, whence by consequence he all • edged, That seeing Abbot Wulgat and his Monks did not serve God and S. Pega from th • t time forwards in that place (where the old Monastery stood) that they ought not from henceforth to enjoy the said Manor. Acceptatum est hoc A REGIS JUSTITIARIO, ET CONFESTIM ADjUDICATUM EST dictum manerium de Northburt cum omnibus suis pertinentiis praedicto militi Fernoto, & tanquam jus suum haereditariū, de monachis ecclesiae sanctae Pegae, alienatū perpetuo & sublatum. Quod tum per universum Regnum citius • uisset cognitum, scilicet Abbatum de Peikirk, prius amisisse monast • rium suum, & consequenter man • rium ad monasterium quondam pertinens; similiter Edmerus miles & dominus de Holbrok calumniam mov • t contra eundem Abbatem & monachos suos de manerio suo de Maksey; & Horsingus de Wathe calumniatus est, & pro Manerio suo de Bading • ō, & Siwardus Comes de Manerio suo de Bernack, & Hugolonus Thesaurarius de Manerio de Helieston, & alii plures de allis mane iis dicto Monasterio dudum pertinentibu: & omnes eadem ration in dicta causa contra Monachos obtinuerunt, & tam de maneriis, quam de Monasterio suo dictus Abbas de Peibec ac Monachi sui nequiter & crud • liter ejec • i sunt, ut nunquam alicui veniat damnum solum. Cum itaque Abbas Wulgatus & conventus suus, Monachi scil • cet, &c sic de Monasterio destituti, vagabundi & in proximo dispergendi in • mnem ventum pro extr • ma miseria flu •• uarent, misertus eorum piissimus R • x Edwardus, Omnes in suam curiam suscepit, & u • quequo eis provideret, suam capellam, ac aulam quoti • ie frequentare imperavit. The Abbot of Croyland dying soon after, and his pastoral staff by which he was invested, being presented by the Prior and two Monks to King Edward, the King thereupon immediately invested Wulgatus in the Regiment of the Monastery of Croyland by the delivery of the Pastoral staff unto him, seconded with his Charter of donation, without any election by the Covent. Inter praecipua Monasteria tunc magno nomine praedicabatur Croilandia, tot & tanta in tempore Danicae Tribulationis in Regis curiam semper manu promptissima effuderat donaria ET TRIBUTA. A multis itaque annis retroactis, NULLA ELECTIO PRAELATORUM ERAT MERE LIBERA ET CANONICA, SED OMNES DIGNITATES TAM EPISCOPORUM QUAM ABBATUM PER ANNULUM ET BACULUM R • GIS CURIA PRO SUA COMPLACENTIA CONFEREBAT. These proceedings and judgments against the Abbot & Monks of S. Pega and Peikirk, were the occasion (as I conceive) of this passage in William of Malmesb. touching King Edwards reign. Fuerunt tam • n nonnulla quae gloriam tempo • um deturbarent. Monasteria tunc monachis viduata ; PRAVA JUDICIA A PRAVIS HOMINIBUS COMMISSA, &c. Sed harum rerum invidiam amatores ipsum ita extenuare conantur: Monasteriorum destructio, PERVERSITAS JUDICIORUM, non ejus scientia, sed per Godwini filiorumque ejus sunt commissa viol • ntiam, qui regis indulgentiam videban • ; postea t • men ad eum delata, acriter eorum exilio vindicata. To which may be referred that story of Walter Mapaeus, in Mr. Cambdens Britannia, p. 374.375. of Earl Godwins thrusting the Abbess of Berkley and her Nuns out of the Monastery of Berkley (which he begged of King Edward ) by this wile; He caused a young Nephew of his feigning himself sick, to lie so long in the Nunnery t • ll he left the Abbess and all her Nuns great with child: and then complaining of, & proving this their incontinency before the King, ejected the Abbess and Nuns, and gained the Nunner • and Manor of Berkley to himself, worth 500l. revenue. Together with this Godwins cheating the Archbishop of Canterbury of his Manor of Boseam in Sussex, by a wily word-trap and equivocation, recorded by the same authors.

King Edward, Anno 1049. was so deeply affected and ravished with God's extraordinary mercy towards him, in preserving him like another Joash from the cruelty of the bloody Danes, and restoring him beyond expectation to the Crown of England, without his seeking, or the least effusion of blood, after sundry years dispossession by the Danish Intruders, that thereupon, he vowed a solemn pilgrimage to Rome, there to render humble thanks and gifts to God for this signal mercy. For diligently having prepared great sums of money to defray his expenses, with many rich presents, he assembled all the Nobles and Prelates of the Realm in a Parliamentary Council, acquainting them with this his vow and intended pilgrimage, and craving their advice, how the Realm might be justly governed, preserved in peace, and defended in his absence, till his return from Rome. Upon which the Nobles after serious consultation, considering the great inconveniences and perils that might be • all the kingdom by his absence, being but newly settled; and the manifold dangers that might happen to him in so long a journey; and what new troubles and mishaps might befall the Realm, if he should miscarry in the way, having no issue; would by no means permit him to undertake this pilgrimage, but dissuaded h • m from it; and by common consent at last agreed to send solemn Ambassadors from the King and them to the Pop • , to r • present the inc • nveniences and perils that might befall the Realm by his abs • nce from it, and thereupon to procure a dispensation from this his vow and pilgrimage. Which the Ambassadors accordingly representing, the Pope thereupon dispensed with the Kings vow, upo • this condition and firm injunction, that the King should dist • ibute to the poor all the expenses he had provided for his journey, and should ei • her build a new, or repair an old Monastery, in honor of S. Peter, the Prince of the Apostles, and endow it with sufficient revenues to maintain the Monks; confi • ming by his Apostolical Authority all the lands or revenues which the King or any other should confer upon that Monastery, and whatever privileges he would think fit to grant thereunto, pertaining to the honor of God and denouncing an eternal malediction against the infringers of them. The Ambassadors returning with this dispensation, St. Peter revealed to one Vlsin a Monk and Anchorite, that his will was, that the place called Westminster (then lying ruinous) sh • uld be restor • d : which vision when he had related to the King and his Cou • cil, REX TOTIUS REGNI CONSILIO, The King by the advice of the whole Realm • (assembled in a parliamentary council) rebuilt the foresaid place, and endowed and enlarged it with very ample possessions, rents and liberties.

The passages of this story being very memorable, and pertinent to my discourse, I shall present you with them at large in the words of Abbot Ailred, who thus records them.

Ad hanc vocem tota illa multitudo contremuit, & interiorem produnt lachrymis suspiriisque dolorem. I am j • mque manus Danica timebatur quam ejus meritis evaserant, jamjam{que} deletum iri totam patriam formidabant. Erupit sermo in populum, & ecce clamor, ecce tumultus, & quasi jam saevirent incendia, plena lacrimis insula videbatur. Videres paupers nunc manus extendere ad coelum, nunc rursus in terram ruere, & quasi morituros fame si Rex discederet, de sepultura tantum & tumulo cogitare. Tunc OMNES IN COMMUNE VOCIFERANTES IN REGEM, se non deserendos, se non exponendos gladiis, patriam hostibus non prodendam, nec demittendū paces obsiaē quem Deo dante receperant, nec pro uno, ut putab • tur, bo • o tot ADMITTENDA PERICULA ALLEGABANT. IMPERANT PONTIFICES, ROGANT PROCERES, PLEBS EXTORQUET, ut si non omittendū it er istud censuerit, CENSEAT VEL DIEFERENDUM • Tunc ill tot lacrimis, tot vocibus, tot precibus se urgeri sentiens, diu inter pietatem & desiderium fluctuabat; quia & voto supersedere periculosum, & tantorum precibus fletibusque non cedere, inhumanum arbitrabatur. Tandem quod aptius esset Deo scire desiderans, peregrinationem non quidem dimittendam sed differendam interim consultius aestimabat, donec Apostolicae auctoritatis consilio & voluntate consulta, ex ejus sententia, aut votum redimeret aut impleret. His auditis, tanta suit omnibus divitibus pauperibus{que} laetitia, ut Edwardum suum rursus sibi redditum, • ursus revocatum exilio aestimarent. Agit unusquisque pro gradu suo, pro officio suo, pro facultate sua, ut regem dilationis non toedeat, aliis orationes, elemosinas aliis, suam etiam pro eo peregrinationem nonnullis promittentibus. Dirigendi mox ad sedem apostolicam ELIGUNTUR LEGATI, Archi • piscopus E • oracensis A • lredus, Episcopus Wint •• iensis He • mannus, Abbates praeterea duo spectatae religions, cum pluribus aliis tam clericis quam laicis. Parantur interim necessaria, sucseptoque à rege mandato ad urbē proficiscuntur. Credendum Dei actum providentiâ ut regii responsales congregatam ibi SYNODUM MAXIMAM reperirent, in qua praesidente beatae recordationis Papa Leone, de negotiis ecclesiasticis tractabatur. Gaudet in eorum adventu illa sanctorum praeclara societas, & quasi sibi missum de caelo solatium tantorum Patrum praesentiam susceperunt; magnum Dei munus judicantes, quod à finibus terrae tales viri tali tempore tali conventui occurrissent. Igitur patre beatissimo praecipiente nuncii causam pro qua venerant dicturi procedūt in mediū, patribus qui assidebant praebentibus cum summa devotione silentium. Exponunt desiderium regis, ET REGNI PERICULUM, dispendium pacis, clamorem pauperum, lacrimas orphanorum; OBDUCTAM ETIAM NECDUM RECENTIS PLAGAE CICATRICEM ASSEREBANT, QUAE DANICA RAB • E ANGLIS INFLICTA, SI REX DECEDERET, ACRIOR TIMEBATUR. Silentibus nunciis sonuit in ore omnium gratiarum actio & vox laudis. Praedicatur circa Deum Regis, circa Regem plebis devotio; Mirantur mansuetudinem David, prudentiam Joseph, divitias Solomonis in tali principe convenisse. Tandem summo Pontifice dictante sententiam, OMNES IN COMMUNE DE CERNUNT, PRO PACE REGNI, PRO UTILITATE ECCLESIAE, pro necessitate pauperum, & quiet monasteriorum, Regem authoritate Dei & beati Petri, PRAESENTIS ETIAM SACRATISSIMAE SYNODI, àvoti hujus vinculo solempniter absolvendum, expensas paratas itineri pauperibus erogandas; in voti recompensatione construendū in Hono • ē beati Petri regiis copiis monasterium, vel aliquod destructum à barbaris reparandum. Exhinc legatarii oblatis muneribus quae sanctorum Ecclesiis Rex sanctus direxerat, accepta benedictione Pontificis cum literis apostolicis laeti repatriant: transvecti{que} in insulam IN CONSPECTU CONCILII, QUOD PROPTER HOC IPSUM REGIA POTESTAS COEGERAT, epistolam tradiderunt.

After which Abbot Ailred at large relates the vision of the Anchorite in Worcester -shire, and S. Peters command to him therein, to eminent King Edward in discharge of his vow, to repair and endow the Abbey of Westminster, which he signified in a letter sent by him to the King, delivered and read in the Council the very same day the Popes letter was read. Ea igitur die, loco co • ē, • N EODEM CONCILIO quo legati redeuntes ab • urb • . apostolicum retulere mandatum, epistola etiam viri Dei regi praesentata profertur in m • dium. Lectoque sancti Papae Leonis rescripto, loco sequenti b • ati s • nis apices recitan • ur, &c. Tunc rex laetus & alacer, ut ei suerat constitutum, pecuniam qu • m in peregrinationis suae solatium procuraverat, disper sit & dedit p • uperibus, operique injuncto intendens animum thesauros • ffudit. When he had fully rebuilt and finished this Monastery, he sent Aeld • ed Archb. of York, Guiso Bishop of Wells, and Walter Bish. of Herefo • d again to Rome to Pope Nicholas, with a Letter and Peter pence, and royal presents, desiring his absolution from his former vow, and confirmation of the liberties and privileges of the Abby of Westminster, and the lands conferred on it; who thereupon granted to this Abbey. V • amplius in perpetuum r • giae constitutionis & consecrationis locus s • , atque r • posi • orium reg • lium insignium, & habitatio pe • p • tua mon • chorum, qui nulli omnino personae nisi regi subd • ntur, habeantqu pot • statem secundum regulam sa • cti Benedicti per successores elig • re idoneos Abbates, &c. Absolving and exempting the Abby fro • all episcopal service, exaction, Dominion & Iurisdicti • , ratifying all their lands and lib • rties, d • nouncing a perpetual Anath • ma against the inv • ders, diminishers • dispersers, or sellers of them, with Judas the Traitor. Closing his Bull and letter thus; Vobis vero, & p • st •• i • v • stris regibus committimus ADVOCATIONEM & tuiti nem ejusdem loci, & OMNIUM TOTIUS ANGLIAE ECCLESIARUM, ut vice nostra CUM CONCILIO EPISCOPORUM ET ABBATUM, CONSTITUAS UBIQUE QUAE JUSTA SUNT. Scientes per hoc vos recepturos dignam m • rced • m abeo, cujus regnum & imperium non d • sin • t nec minu • tur i • seculum. The Kings and Popes letters are at large recorded by Ai •• ed, who adds, Lectis igitur A • ostolicae maj • statis apicibus, exultavit in gaudio Rex beatissimus, omnique solicitu • ine quam ex voti obl • gatione contra •• rat exuitur, CUNCTAQUE REGNI NEGOTIA DUCIBUS PROCERIBUSQ • E COMMITTENS, totum se div nis mancipabat obs • qui • s.

K. Edw : after these two Embassies to Rom • , by three several Charters (wherein he recites these Embassies, the Popes letters in answer to them, and the vision aforesaid) CUM TOTIUS REGNI ELECTIONE: & CUM CONSILIO ET DECRETO ARCHIEPISCOPORUM, EPISCOPORUM, COMITUM, ALIORUMQUE MEORUM OPTIMATUM PROSPICIENS (assembled in a great parliamentary Council for that purpose) granted and confirmed sundry lands and privileges to this Abby of Westm. which all the Pr • lates confirmed, not only with their subscriptions and the sign of the cross, but likewise with a solemn excommunication : In the first of which Charters there is this memorable recital agreeing with Abbot Ailreds relation.

immo coepi cogitare cujus dono & auxilio ad regni culmen evasi, quoniam dei est regnum • & cui vult dare illud; & quia mundus transit & concupiscentia ejus, qui autem totum se subdit Deo, feliciter regnat, & perpetualiter dives est: itaque deliberavi me ire ad lumina subliminum Apostolorum Petri & Pauli, & ibi gratias agere pro collatis beneficiis, & exorare ut eam pacem firmaret Deus perpetuam mihi & posteris meis. Praeparavi ergo & denumeravi expensas necessarias itineri; & honorabilia dona quae ferrem sanctis Apostolis. SED GRAVIUS SUPER RE MAEROR HABEBAT OPTIMATES ME • S, utpote memores malorū quae sub a • iis regibus pertulerant, NE TANTO DOMINO, ET PRO PATRIAE REGE ABSENTE REGNŪ NOVITER SEDATUM ALIQUA TURBARETUR HOSTILITATE, & metuentes id quod sanctus Hezekiah, ne si forte in via aut aegritudine • aut alio incommodo deficerem, HAEREDITARIIS RRGIBUS CARERENT, maxim quia nullum habebam filium. Itaque COMMUNI HABITO CONCILIO, ROGABANT ME UT AB INTENTIONE DESISTEREM, pollicentes se satisfactur • s Deo pro voto meo, tam in miss • rum & orationū oblation, quā in l • rg • ele • mosynerū distributione. Sed cum obnixe contradicerem, TANDEM UTRISQUE PLACUIT, UT MITTERENTUR LEGATI DUO AB UTRA{que} PATRE, Eldredus & Hereman • us Episcopy, & Abbates Wulfri • us & Elwynus, qui Apostolo meā voluntatē & votum, & ILLORUM PETITIONEM indicarent, & secundum ejus sententiam quam mihi mandaret promisi me omnia facturum. Factum est ergo quod volumus, & venientes Romam Legati nostri ex voluntate Dei, invenerunt COLLECTAM SYNODUM in eadem urbe; cum{que} exposuissent meam voluntasem & suam petitionem coram ducentis & quinquaginta Episcopis & alia multitudine sanctorum Patrum, tunc Apostolicus EX CONSILIO SANCTAE SYNODI hanc Epistolam scripsit. Leo, &c. Haec & alia Apostolica mandata cum referrent nobis Legati, interea revelavit beatus Petrus • &c, voluntatem suam esse, ut restituerem locum, qui d • itur Westmona • terium, &c. Cumque mihi hanc visionem meisque retulisset, & Apostolicae literae aequalia praecepta detul • ssent; contuli voluntatem meam cum voluntate Dei & TOTIUS REGNI ELECTIONE, dedi me ad restructionē ejusdem loci. Itaque DECIMARI praecepi omnem substantiam meam, tam in au • o & argento quàm in p • cudibus & omni genere possessionum, & destruens veterem • novam à fundamento basilicam construxi.

From which passages and charters (which I have coupled all together for their coherence in matter, though differing somewhat in time) I shall observe,

• 1. That parliamentary great Councils in that age, were summoned by the King upon all extraordinary occasions.
• 2. That the Prelates, Nobles, and Barons of the Realm were the only members of the gr • at parliamentary Councils (summoned only by the Kings writs) without any Knights of Burgesses that we read of elected by the people.
• 3. That the Kings of Engl. in that age could not depart out of the Realm (no not to pay their solemn vows to God) nor appoint Vice-royes, Guardians, Officers, Judges, Commanders, to govern or defend the Realm in their absence, without the advice and consent of their Nobles, in parliamentary Councils: nor yet endow Mona • teries with any Crown-lands, or Royal privileges by their charters, unless by consent and conf • rmation of their Nobles and themselves in Parliament.
• 4. That the Nobles and grand Councils of Engl. had then a negative voice, not only to conclude against the King in his resolutions and intentions, bu • even in his sacred and religious vows, when prejudicial, dangerous & mischievous to the Realm, the public peace & safety.
• 5. That Kings ought to submit to the just petitions, advice & desires of their Nobles, Councils and people, in all things which concern their safety & tranquility, though contrary not only to their private resolutions, but vows.
• 6. That the Nobles and Subjects of that age were very zealous both of the safety of their Kings persons, the kingdoms peace and security, and the hereditary succession of the Crown.
• 7. That the Kings absence out of the Realm, or death, without any hereditary issue or heir, is exceeding perilous and mischievous to the Realm, yea the cause of many seditions, tumults, perturbations and ruins.
• 8. That the sacred vows of Kings prejudicial to the Realm may and ought to be violated and dispensed with; and that by the resolution of two Popes, three Roman Synods, and two parliamentary Councils.
• 9. That God doth many times not only preserve the right heirs to the Crown from the hands of bloody Tyrants and Usurpers who seek their life, but likewise miraculously and unexpectedly restore them to the Crown again without war or bloodshed, after many years seclusion from it by intruding armed usurpers, as he did K. Edw. here after 25 years invasion of his right, Aurelius Ambro • ius after 21 years long before.
• 10. That right heirs to the Crown, when so miraculously restored and reinthroned in their Kingdoms, ought to be extraordinarily affected with, and thankful, bountiful and devout to God for it, and their subjects likewise, both in word • and deeds; as King Edward his Nobles and Subjects were.

King Henry the Emperor, An. 1049. (when the forementioned parliamentary Council was held about the Kings pilgrimage and Embassy to Rome ) warring upon Baldwin Earl of Flanders, for burning his palace, sent to King Edward, entreating him not to suffer Baldwin to • scape, in case he should fly to sea. Whereupon the King went with a great fleet to Sandwich, which he there continued so long till the Emperor received from Baldwin whatever he desired. Henry Huntindon and the Chronicle of Brompton relate, that two Princes of the Danes, Lothin and Hirling the year before, having there taken an inestimable booty, and great store of gold and silver, they sailed by sea about the coast of Ess • x. pillaged it, and sailing thence into Flanders, there sold their prizes, and returned from whence they came. Which probably occasioned the kings drawing his fleet this year unto Sandwich, for defense of the coast, as well as the Emperors Embassy. Whiles the Kings fleet lay at Sandwich, Swane Earl Godwins son (who formerly fled into Denmark, because he could not marry Abb • sse Elgina • whom he had deflowered) teturning into England with eight ship • , gave out in speeches, that he would from henceforth faithfully remain with the King. Whereupon Earl Beorn promised him to procure from the King that his Earldom should be restored to him. The Emperor and Earl Baldwin being agreed, Earl Godwin and Beorne by the Kings license sailed to Pemeuse with 42 ships, the rest of the Navy the King discharged and sent home, retaining only a few ships with him. But being soon after informed, that Osgad Clapa (whom he had banished lay in Vlve with 29. ships, he recalled as many of the dismissed ships as he could, to encounter him. Osgad having received his wife, sailed with 6 of his ships in • o D • nmark, the other 23 ships sailed towards Essex, having taken a great booty about the promontory of Edelfe, they were all cast away in a great storm, but two, w ^ch were taken in the parts beyond the sea, & all the men in them put to the sword. In the mean time Swane dealt very deceit • ully with Earl Beorne, entreating him to go with him to Sandwich to make his peace with the King; who considering his consanguinity, went to him attended only with three men. Swane treacherously sending him to Bos • nham where his ships rode at anchor, carried him on ship-board, bound him in chains, and at last slew and cast him into a pit. After which two of his ships being taken by those of Hastings and brought to the King at Sandwich, and 4 more of his ships being dismissed, he sailed with two ships only into Ireland, till Ailred Bish. of Worcest. reduced and reconciled him unto the King. The same year in the month of Aug. the Irish pirats with 36 ships arriving in the mouth of Severn by the help of Griffin King of S • uthwales, burnt and pillaged many villages, and put the inhabitants to the sword; against whom Ailred Bish. of Worcest. with few of the inhabitants of Worcester and Hereford speedily marched; but the Welshmen amongst them, who had promised fidelity to them, • ending presently to their K. Griffin, & entreating him with all possible speed to fall upon the English; thereupon he and the Irish pirats assaulting the English unexpectedly early in the morning, slew many of them, and routed the rest. King Edward in the year 1051. released the English, From the heavy tribute or Danegeld, which Florentius Wigorniensis, and Simeon Dunelmensis, thus express. Rex Edvardus Absolvit Anglos A gravi ve •• igali. 38. anno, ex quo pater ejus Rex Athelredus Danicos solidarios solvi mandavit &c. quod eis pater suus propter Danicos solidarios imposuerat, as Brompton renders it in another place; Roger de Hunedon Annalium pars 1. p. 441. Rodolphus de Diceto Abbreviatione Chronicorum. col. 145. •• e the same words. Ailredus Abbas Rievallis, de vita & miraculis Edwardi Confessori; Col. 383. thus relates it. Insuper & Tributum illud gravissimum, quod tempore patris sui primo classi Danicae pendeb • tur Postmodum vero fisco regio Annis singulis infer • batur, regia liberalitate remisit, et ab onere hoc importabili in perpetuum Angliam absolvit. Vnde sancto huic regi non inconvenienter aptatur quod scriptum est ; B •• tus vir qui inventus sine macula, & qui post aurum non abiit, nec speravit in pecuniae thesauris. Post aurum non abiit, quod potius d • spersit, nec speravit in thesauris, quos in Dei opere non tam minuit quam consumpsit.

Matthew Westminster records it in these words, Anno gratiae 1051. Rex Edwardus, A vectigali gravissimo Anglos absolvit, quod patre vivente, Danicis stipend • ariis, Triginto octo millia librarum solvi consuevit. Henry de Knighton, De eventibus Angliae. l. 1. c. 9. fol. 233.1 • and Higden in his Polychronicon. lib. 6. c. 24. f. 254. thus relate it: Rex Edvardus absolvit Anglos a Gravi Tributo quod pa • ur ejus Ethelredus Danicis solidariis solvi fecerat, & jam per 40. annos duraverat ; which Fabian in his Cronicle, part 8. c. 210. p. 282. Gra • ton in his Cronicle. p. 170. Speed in his History. p. 410. Holinsh • ad and others thus express. This King Enward discharged English men of the great and most heavy Tribute called Danegeld, which his Father Æthelred had made them pay to the Soldiers of Denmark, and had then dured 40. years, So that after that day it was no more gathered. Abbot Iuguphus. Historiae pag. 897. thus records it more at large. Eodem etiam Anno 1051. cum terra non daret solitâ fertilitate fructus suos, sed fames plurimos habitatores devoraret, in tantum ut bladuum carentia, & panis inopia multa hominum millia morierentur, miserecordiâ motus super populum pi • ssimus Rex Edwardus, Tributum gravisimum, quod Danigelo dicebatur omni Angliae in perpetuum, relaxavit, Ferunt quidam, regem sanctissimum, cum dictum DANIGELD cublcularii sui collectum in regis cameram infudissent, & ad videndum tanti Thesauri cumulum ipsum adduxissent, ad primum aspectum exhorruisse, protestantem, Se daemonem super acervum pecuniae saltantem & nimio gaudio exultantem prospexisse; unde pristinis possessoribus jussit statim reddere, & de tam fera exactione ne jota unum voluit retinere, quin in perpetuum remisit, anno scilicet 38. ex quo tempore Regis Ethelredi, patris sui Suanus, Rex Danorum suo exercitui illud solvi singulis annis imperavit. This History of the Devils dancing upon this Money, is thus more fully related by Roger de Honeden: Annali • m pars prior pag. 447. Item de eodem Rege Edvardo quadam die contigit quod cum praedistus Rex Anglorum Edwardus (Regninâ & comite Haraldo deducentibus) aerarium suum intravit ut pecuniam videret magnam, quam Regina & Comes Haraldus, Rege ipso nesciente, colligissent ad opus Regis (scilicet per singulos comitatus totius Angliae: de unaquaque hida terrae quatuor, denarios, ut Rex inde, contra natale Domini pannos emeret ad opus militum &, servientium suorum) cumque Rex intrasset aerarium suum, comitantibus Regnia, & Comite Haraldo, videt diabolum sedentem inter Denarios illos: & ait illi Rex, quid hic facis? cui daemon respondit: custodio hic pecuniam meam; & dixit Rex, conjuro te per Patrem & Filium & Spiritum sanctum, ut indices mihi, Quamobrem pecunia ista tua est? & respondens dixit ei daemon, Quia unjust accquisita est de substantia pauperum. Illi autem qui illum comitabantur stabant stupefacti, audientes quidem illos loquentes, neminem autem videntes praeter solum Regem: & ait illis Rex, Reddite denarios istos illis a quibus capti sunt, & fecerunt sicut praecepit illis Rex: which is likewise remembered by Capgrave, Surius, Ribadeniera, and others in the life of King Edward the Confessor.

From all which relations compared together, it is apparent.

• First, That Dangeld was a great, most heavy, and intolerable Tribute, first imposed in King Ethelreds reign, to pay the Danish Navy, and Soldiers then invading England, to keep them from plundering, and spoiling the people.
• 2. That King Swane the invading and usurping Dane, after he had gotten the power of this Realm, imposed it annualy on the English, and made it any early Tribute to pay his Army.
• 3. That the Danish succeeding Kings continued, and made it a kind of annual revenue to clothe, and pay their Soldiers and Mariners, for sundry years together.
• 4. That it was yearly paid unto the Kings Exchequer, and reduced to a certainty, to wit, four pence a year, out of every Hide, or plough land, throughout England, or else twelve pence or two shilings a year; as the laws of Edward the Confessor: the black Book of the Exchequ • r ; and Sir Henry Spelman in his Glossary • Title Danegold, affirms.
• 5. That King Edwards Officers after the Danish Kings expired reigns, did collect it of the English Subjects, without his privity, to clothe, and pay his Soldiers and followers.
• 6. That he out of mercy, piety, conscience and justice to his people; not only restored it to them, when collected, and brought into his Exchequer, without retaining one farthing of it, but likewise for ever released it to them, so that it was no more collected, during his reign.
• 7. That Taxes unjustly leavied upon the poor oppressed people, are very pleasing and acceptable to the devil himself, who claims the money so collected for his own; and that the Collectors, and exacters of such Taxes, (though for the payment of Armies and Soldiers) are really, but the devils agents, and instruments, who will one day pay them their deserved wages.
• 8. That heavy oppressions and taxes (though for pretended public necessities) continued for many years together, ought not only to be eternally remitted, but restored, when collected, by all conscientious, piou • , righteous, merciful, Saintlike Kings, and Governors.
• 9. That illegal heavy Tax • imposed by, or for invading Usurpers, if once submitted to, and not strongly opposed by the generality of the people, will soon be claimed, & l • avied as a customary, early legal revennue; both by the imposers, and their successors, and hardly be laid down and discontinued again for the people's ease.
• 10. That this tax of Danegeld amounting but to thirty eight or forty thousand po • nds in one whole year, was in truth, an heavy, and intolerable burden, and grievous oppression to the whole N • tion, fit to be abolished, a • d released especially in times of dearth and scarcity; Therefore certainly our late illegal taxes, without authority of a free and legal Parliament, amounting to 120.90. or 60.1000 li. mo • thly, when lowest; besides Excises, Customs, Imposts, amounting to twice as much more, must certainly be far more grievous & intolerable to the Nation, and so not only to be remitted, abandoned, excluded, but accounted for, and restored to our exhausted, oppressed Nation, by all those Governors, who pretend themselves saints of the highest form, and men ruling in the fear of God; against whom this St. Edward the Confessor, will rise up in judgment, i • they imi • a • e not his just and Saintlike president therein. All which con • iderations I recommend, to their own, and their Collecters, Excisers saddest considerations to meditate seriously upon for the people's ease.

William of Malmsburies records of this King Edward, that he was in exactionibus vectigalium parcus, quippe qui & exactores execraretur. Till we may b • able really to record the like of our new Gov • rnour • , and Princes over us, we shall never be either a free, a peaceable, or happy people, no • th • y worthy of the name of Saints or Confessors in any English Annals, or Kalenders. He adds, That King Edward with the touch of his hand, d • d miraculously cure sundry persons of the luxuriant humors and swellings about the neck, (commonly called the Kings Evil) wh • ch cure in after ages some falsely ascribed, non ex sanctitate, sed ex regalis prosapiae haereditate • luxisse, not to have issued from his sanctity, but from his hereditary royal blood. If his sanctity in releasing • and restoring the forementioned insupportable Tributes of Danegeld, shall now cure the hereditary Kings, and our new Republiques long continued evil, and malady of intolerable Tributes, Contributions, and Excises in this Age, we shall register it to posterity for as great a miracle, as his first care of the evil Kings only, by his touching of it with his royal sacred hand.

King Edward about the year 1047. calling out of Normandy, certa • n Normans, qui olim pauculis beneficiis inopiam Exulis suppleverant, who had there relieved, and supplied his want, during his exil • , to reward them for their benefits, advanced them to places of extraordinary honor and trust about him; amongst others, he promoted Robert Gemeticensis a monk to the Bishopric of London, & then to the Archbishopric of Canterbury, William to be his Chaplain first, and afterwards Bishop of London, and another to the Bishopric of Dorchester, which Iugulphus thus expresseth. Rex autem Edwardus natus in Anglia, sed Nutritus in Normania, & diutissime immoratus pene in Gallicum transierat; adducens & attrahens de Normānia plurimos, quos variis dignitatibus promotos in immensum exaltabat. Praecipuus inter eos erat, Robertus Monachus &c. Caepit ergo totâ terrâ sub rege & sub aliis Normannis introductis, Anglicos ritus diminui, & Francerū mores in multis imitari: Gallicum idioma omnes Magnates in suis curiis tanquam magnum gentilitium loqui; Char • as & Chyrographa sua more Francium confici, & propriam consuetudinem in his, & in aliis multis erubescere. Thereupon Earl Godwin and his Sons being men of high spirits, & auctores, & tutores regni Edvardi, were very angry, and discontented, quod novos homines & advenas sibi preferri viderent, because they saw these new upstarts and strangers preferred before them; yet they never uttered a high word against the King, whom they had once advanced. Upon this occasion, Anno 1051. there arose great discords between the Engl • sh, and these Normans, quod Angli aspernanter ferant superiorem, Normani nequeant pati parem. Henry Huntingdon records: That these Normnans accused Godwin, and Swain and Harold his Sons to the King, that they went about to betray him; whereupon the King calling them into question for it, they refused to appear without hostages for their safety, upon which the King banished them. But William of Malmesbury, Roger de Howden, Matthew Westminster, Florentius Wigorniensis, Simeon Dunelmensis, Brompton, Hygden Henry de Knighton, Fabram, Graston, Holmshed, Speed, and the General Stream of our Historians, relating the business more fully, make this the original cause of the difference between them, and of the Exile of Godwin and his Sons.

Eustace Earl of Boloyn, who had wedded King Edwards Sister arriving at Dover in the month of September, 1051. one of his Knights seeking lodging, unjustly slew one of the Townsmen, whereupon the Townsmen slew him. The Earl and his followers being enraged thereat, slew divers men and women of the Town, and trode their children under their own, & horses feet. The Burgesses upon this assembling together to resist them, after a fe • rce Encounter, put the Earl and his followers to flight, slew eighteen or twenty of them in the pursuit, and wounded many more; so that the Earl escaped only with one of his followers to the King, then at Gloucester ; where he grievously incensed the King against the Englishmen, by reason of this tumult, which he and his followers occasioned. Whereupon Earl Godwin being much incensed at the slaughter of his men, in the Burrowgh of Dover, he and his sons assembled a great Army out of all the Towns and Countries subject to them. The King sending for Godwin to the Court, charged him with hi • Host, to avenge the wrong done to Eustace, and to punish the insolency of the men of Dover, which the King exceedingly aggravated. But Godwin, a man of sharp wit, and well 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 favor with the King, and because he would show friendship to his own Countrymen. Whereupon he answered, It were reasonable and just, that before any execution done, the the Wardeins of Dover Castle, should be summoned into that Kings Court, in a fair manner, to answer this tumult; and if they could excuse themselves, that then they should be dismissed without harms; or if not, that then they should satisfy the King, whose peace they had broken, and the Earl whom they had offended, with money, or the forfeiture of their bodies and goods. Iniquum videri, ut quos • utari debeas, eos ipse po • issimum inauditos adjudices. And so Godwin depa • ted at that time, little regarding the Kings f • ry, as being but momentary. Quocirca, Totius regni Proceres jussi Glocestriam conveni • e ut i • i magno conventu res ventilaretur. Therefore all the Lord's of the land were commanded to assemble together at Glocest • r, that this matter might be there debated in a great Parliamentary assembly. Th • there came the most famous Earl Syward of Northumb • rland, and Leofric Earl of M • rcia, Omnibus Anglorum No • iles, and all the English Nobility at that time ; only Godwin and his Sons, who knew themselves suspected, thought it not safe for them to come thither without an armed Guard: whereupon they encamp • d at Br • verstone with a great host, and there stayed; giving out a report among the people, that they had therefore gathered an Army together out of Kent, Surry, Yorkshire, Oxfordshire, Glocestershire, Somersetshire, Herfordshire, Ess • x, Notinghamshire and other parts, that they might curb the Welshmen, who meditating Tyranny, and Rebellion against the King, had fortified a Town in Herefordshire, where Swane, one of the Earl Godwins Sons then pretended to keep watch and ward against them. The King hearing that Godwin and his Sonn • s had raised a great Army of men out of all these Counties upon this false pretext, presently sent Messengers to Syward, Earl of Northumberland, and Leofric, Earl 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 Co • ntries, together with Earl Ralph in his Country, 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 Westminster, and some others story) commanding him to deliver up Earl Eustace, with his companions, & the Normans & Bonomans, who then held the Castls of Dov • r, to him, else he should denounce war against him. To whom the King, being sufficiently furnished with military forces, sent this answer, That he would not deliver up Earl Eustace, to him; commanding moreover; Ut qui exercitum contra ipsum collegerat, & sine e • us licentia pacem regn • perturbaverat, veniret ad eum die statuta, s • per hac injuria sibi responsurus, & juri pariturus; Godwin and his Sons being accused of A CONSPIRACY against the King, and made odious to the whole Court by the Welshmen and Normans ; so that a rumor was spread abroad, that the Kings Army would assault them in the same place, where they quartered, and were unanimously resolved, and ready to fight with Godwins Army, (being much incensed against him,) if the King would have permitted them. Quo accepto Godwinus ad Conjuratos classicum cecinit, Ut ultro Domino regi non resisterent; sed si conuenti suissent, quin se ulciscerentur loco non cederent, & profecto facinus miserabile, & plus quam civile bellum fuisset, nisi maturiora consilia interessent, writes Malmesbury ; But because the best and greatest men of all England, were engaged on the one side and other, it seemed a great unadvisedness 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 tog • there ; which Counsel being approved of, and mes • engers running to and fro between them, hostages being given and received; and some small agreement made between them at the present, thereupon the Earl returned into West-Sax, and the King increasing his Army, both out of Mercia and Northumberland, returned with them to London, by agreement between both parties. Iterum{que} praeceptum ut Londini Concilium coageretur : and it was again commanded by the King, that A COVNCEL or PARLIAMENT, as Trevisa, Speed and others render i • , 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 Council, with twelve men only in their company; and that they should resign up to the King, the services of all the Knights and Soldiers which they had throughout England. But Godwin and his Sons, as they durst not wage war against the King: so, ad Curiam ejus venire Iuri parituri negabant, They would not come to his Court, to put themselves upon a legal trial; alleging, That they would not go 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 peril of their honor and safety. That if they came thither unarmed, they might fear the loss of lif • ; if with a few followers, it would be a reproach to their honor. But the King being so resolute in his mind, that he would not recede from what he had resolved by, their entreaties, • pon their refusal to come unto his Court to justify themselves, Rex in suo Concilio communi Curiae suae judicio, by the common judgment of his Court, in this Parliamentary Council, Et omnis exercitus unanimi consensu, and by the unanim • us consent of his whole Army (as Flo-rence of Worcester, and his followers subjoin) banished Godwin himself and his five Sons out of England: whereupon prolatum Edictum est. A Decree & Proclamation was then published, that within five days they should d • part out of England, Godwin perceving that his soldiers deserted him some & some • or fear of the Kings Army and displeasure, thereupon he and his wife G • va, and his three sons, Swane, Gurth and Tosti, with his wife Judith daughter to the Earl of Flanders, departed presently out of England, by the Isle of Thanet, into Flanders to Earl Baldwin, with much treasure; but his other two so • n • s, Harold and Leofric sailed by Bristol into Ireland. Moreover the King put away his Q • een Ed • tha for her Father Godwins sake, thrust her into the Abbie of Warwel (or Redwel ) without worship, with one maid only to attend her, committing her to the custody of the Abbess, his own sister, taking away all her substance, without leaving her so much as one penny, ne scilicet omnibus suis parentibus patriam suspirant • bus, sola sterteret in pluma, Harold's Earldom, and County w • a bestowed on Algarus who ruled it nobly, and he with good will resigned it up to Harold upon his return.

These things being done, William Duke of Normandy came to visit the King with a great multitude of Normans and Soldiers, whom King Edward honorably received, and magnificently entertained for a season, carrying him about to all his royal Castles and Cities, and at last sent back into Normandy, with many and great presents bestowed on him and his followers, De succession autem Regni spes adhuc aut men • io nulla facta inter eos fuit writes, I • gulphus.

King Edward ( In Parliamento Pleno, having in Plain or full Parliament, as Radulphus Cestrensis Knighton de eventibus Angliae. l. 1. c. 10. Trevisa and others relate, thus banished and outlawed Godwin and his sons in which in condition (as some write) they continued two full years. Thereupon in the year 1052. Harold and Leofric by way of revenge, coming out of Ireland with such ships and forces as they could there raise, p • llaged the western parts of England • infesting the shores with continual robberies, carrying away rich booties, and slaying such as resisted them. Then marching from Severn into the confines of Somersetshire and Dorsetshire, they plundered many Towns and Villag • s in those parts: against whom a great multitude assembled out of these two Counties making head, were encountered and routed by Harold, many of their chief Officers and others being slain. After which they returning to their ships with great booties, sailed round about by the shore to Plimo • th. Upon this, King Edward speedily sent forth forty ships well victualed, and furnished with choice Soldiers, commanding them to watch for, and resist the coming and landing of Earl Godwin, who without their privity coming with a few ships undescerned out of Flanders, practiced pyracy and pillaged the seacoasts of Kent and Sussex, and at last came to the Isle of Weight, where his two sons, Harold and Leofric, joining their ships and Forces with his, they studiously plotted how they might aveng themselves upon King Edward by sea, Griffin King of Wales in the mean time (by their instigation) depopulating Herefordshire by land, & slaying many of the Country people, who resisted him. On the Kings part there were about sixty ships assembled together to oppose Harold, riding at anchor; the Admirals of which Navy were the Earls, Odo and Ralph, the Kings kinsmen: neither was the King himself slothful in this necessity, lying all night on shipboard, and diligently observing the excursions of these Pirates, executing that by sage counsel, which by reason of age he could not act with his hand. When both Navies were drawn near together, and ready to grapple with and encounter each other, a thick fog and cloud suddenly arising, blinded the eyes of these furiou persons, and restrained the wretched audacity of these mortals, so that they could not encounter each other, Godwin with his companions being forced by the winds to return from whence they came. After which Godwin and his sons by secret messengers, drew unto their party an innumerable company of the inhabitants of Kent, Essex, Sussex, and Surry, and all the Mariners of Hastings, with many Soldiers, and having drawn together a very great Army out of those parts, who all promised with one voice, To live and die with Godwin : forbearing all plunder, and depopulation, after they met together, taking only victuals for their Army when occasion and necessity required, and alluring all they could to their party, they marched with their forces first to Sandwich. Which the King hearing of, being then at London, speedily sent messengers to all who had not revolted from him, to come with all speed to his assistance ; who delaying overlong, came not at the time appointed. In the mean while Godwin comes up the Thames with his Navy and Army toward London, and pitched his Tents in Sou • hwark, near the City. King Edward, who was then at London, had assembled a great company of armed men together, and no small Navy, to pursue Godwin and his sons, both by Sea and Land. But because very few with the King or Godwin had courage to fight with each other, and the English, whose sons, Nephews, Kinsmen and Friends were with Godwin and Harold, refused to fight against their own parents & kindred of the Kings party, thereupon some wise men on both parts, diligently endeavored to make a firm peace and reconciliation between the King and Godwin, and commanded the Armies and Navies to forbear fighting. Godwin being aged, and potent both with his favor and tongue to bow the minds of his auditors, very well purged himself from all the things objected against him. The next morning Rex habens cum Primaribus suis Concilio, the King taking Counsel with his Nobles, restored Godwin, and all his sons, (except Swane, who went on Pilgrimage barefoot to Jerusalem, to expiate the murder of Beorne ) together with the Queen, his daughter to their former honors; Godwin giving his Son Wolnoth, and Hake the Son of Swane, his hostages to the King, for his keeping of the peace and future loyalty to h • m ; whom the King immediately sent into Normandy to be kept there. A concord and peace being thus made and ratified, the King and Nobles omni populo bonas Leges & rectam justitiam promiserunt, promised good Laws, and r • ght Iustic • to all the people ; then they banished Robert arch-bishop o Canterbury, Will • am B • shop of London, Vlfe Bishop of Dorchester, and all the other Normans, who incens • d and gave the King evil counsel against Earl Godwin, and the English, and had invented unjust laws, and pronounced unjust judgments against them, permitting only some few Normans (nominated in our Histo • ians) whom the King loved more than the rest, and who had been faithful to him, and all the people, to remain in England. Not long after, William Bishop of London was for his goodness recalled and restored to his Bishopric, but Stigand was made Archbishop of Canterbury, in the place of Robert, and Osburne, and Hugh two Normans by birth, leaving their Castles here, went to the King of Scots, who entertained them, and so the land was freed from these foreign incendiaries. Normannos omnes ignominâ notatos prolata Sententia in Robertum Archiepis • ejusque complices quod statum regni conturbarant, animum Regis in provinciales agitantes: Upon this sentence denounced, Robert and others of them presently fled the Realm of their own accord, witho • t expecting any actual violence to banish and expel them.

From all these memorable Historical passages, as we may observe the great inconstancy, vicissitude and changes of earthly Princes favors, worldly honors, preferments, and popular favor; with the great inconveniencies of admitting or advancing foreigners 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 condemn • ned, executed, imprisoned or put to death upon any great man's bare suggestion, no not by the Kings ow • special command (which if given ought to be disobeyed in such cases) but only by, and after a Legal hearing, trial and conviction of the offense.
• 2. That the Kings of England were then sworn and obliged, to govern their people by good, just, and wholesome Laws, and Customs, not by their arbitrary pleasures, powers, or commands.
• 3. That the Parliamentary Councils and Nobles in that age, were very careful to defend and maintain the Liberties, Rights, good Laws and Customs of the people, and to prevent, and abolish all unjust Laws and Encroachments repugnant to them.
• 4. That Parliamentary Conncels were then frequently summoned by the King upon all public emergent occasions, and differences, and to make war and peace, either at home, or in foreign parts.
• 5. That the Parliamentary Councils of that time consisted of the Earls, Barons, Nobles and Prelates of the Realm, 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 mere cheating imposture of later days, 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 Councils, 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 men's coming to Parliamentary Councils with Armies, strong armed Guards, and holding them with power, or under Armies, is inconsistent with their Liberty & Privileges, and are an occasion of civil wars, disturbances, much mischief to the Nation, as then they proved.
• 8. That English Peers then were and ought to be tried, banished, judged by their Peers, both in Parliamentary Councils and other Courts.
• 9. That no English Peer or Freeman could then be lawfully, and judically banished the Realm, but in and by sentence and judgment of a Parliamentary Council; for some contempt or offense demeriting such a punishment.
• 10. That Peers and great men obstinately refusing to submit themselves to the trial and judgment of Parliamentary Councils, or to appear in them, or the Kings Courts to justify themselves, without hostages fi • t given for their securiy; may justly be sentenced and banished by our Parliaments, for such contempts, and affronts to justice.
• 11. That the subjects were bound to aid and assist their Kings, as well against Traitors, Rebels, Pirates, as against foreign enemies, under our Saxon Kings.
• 12. That foreigners are usually the greatest occasioners, and fomenters of civil wars. That such Incendiaries, deserve justly to be banished the Nation: And that civil wars between King and subjects, English and English, and their shedding of one another's blood in such wars, was then deemed most unnatural, odious, execrable; by all prudent means and councils to be timely and carefully prevented: and not to be begun or undertaken, but by good advice and common consent in great Parliamentary Council • , upon weighty, urgent, inevitable necessities.
• 13. That the abolishing of ill, and enacting of good Laws, the removing of ill Counselors and Instruments about Kings, ordering matters of war and defense by Land and Sea, and settling of peace, were the ancient proper works, businesses, employments of our Saxon Parliaments.
• 14. That the English Freemen have been always apt, forwards, cordially to join 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 Lord's and Rulers, to have the same Laws again, when suspended, or taken from them, or dis-used: and prescribed this Oath to William the Conqueror 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 ancient Kings of England, rightful men, and devout towards God, & namely the Laws and Customs, and Franchises granted to the Clergy, and to the Peopie by the glorious King Edward •• to your power? To which the King must answer, I will do 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, implies) 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 subj • ct matter, and useful 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 honor and luster of their honorable public calling,) pretermiting the gross Forgery and Imposture of Modus tenendi Parliamentum, so much cried up by Sir Edward Cook for its Antiquity and Authority, as made and observed in Edward the Confessors reign, when as it is a mere 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 honor pars 2. p. 713, 738, to 745; yea its own mentioning the Bishop of Carlisle (which Bishopric 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 Conquerors reign; the not mentioning of this Modus in any of our Records, Histories, or judicious Antiquaries, and its difference from all the Modes and Forms of Parliaments, and Great Councils, of that or later ages held in England or • reland, with the many falsehoods and absurdities in it, will sufficiently evidence it to every intelligent Peruser, to be a late Bastard Treatise, and no such Antient Record, as Sir Edward Cook most confidently averrs it, upon groundless Reasons, and bold, false averments, void of Truth. Which Modus, if really made and observed in his reign, and after ages, no doubt our His • orians would have mentioned it, as well as his Laws, of which they give us this following account.

Henry de Knyghton records; That King Edward after his Coronation, Consilio Baronum, et caeterorum Regni, received, established, and confirmed the good Laws, which for 68 years lay as it were asleep, among the sleepers, and buried in Oblivion These Laws are called, the Laws of St. Edward, not because he had first invented them, but because they being as it were put under a Bushel, and laid in oblivion from the time of his Grandfather King Edgar, he put to his hand, first to find them out, and then • o establish them. W • l. of Malmesbury thus writes of these Laws:

The Author of the ancient Manuscript Chronicle of Litchfield, and Mr. Selden, out of him, together with Roger Howden, and Bishop Usher, inform us concerning these Laws. The Chronicle of Brompton, col. 956, 957. gives us this large account of these and our other ancient Laws. This holy King Edward the Confessor, Leges communes Anglorum genti tempore suo ordinavit, ordained common Laws in his time for the English Nation, because the Laws promulgated in former times were over-partial: For Dunwallo Molmucius first of all set forth Laws in Britain, whose Laws were called Molmucine; sufficiently famous, until the times of King Edward; amongst which he ordained, That the Cities and Temples of the God's, and the ways leading to them, and the Ploughs of Husbandmen, should enjoy the privilege of Sanctuary. After which Marcia Queen of the Britons, Wife of Guithelin ( from whom the Provinces of the Mercians is thought to be denonated ) publish • d a Law full of discretion and justice, which is called Mercian Law • These two Laws the Historian Gildas translated out of the British into the Latin tongue; and so it was afterwards commonly called Merchenelaga, that is, The Law of the Mercians, by which Law 8 Counties were formerly judged, namely Gloucestershire, Worcestershire, Herefordshire, Shropshire, Chesshire, Staffordshire, Warwickshire, and Oxfordshire. After these there was supe • added a Law, written in the Saxon or English tongue, by Ina King of West-Saxons, to which Alfred King of the West-Saxons afterwar • s superadded the Law, which was styled West-Saxenelega, that is, the Law of the West-Saxons. By which Law in ancient times, the 9 Southern Counties, divided by the River of Thames from the rest of England, were judged; namely Kent, Sussex, Surrey, Berkeshire, Wiltshire, Southampton, Somersetshire, Dorset and Devonshire. At length the Danes dominering in the Land, a third Law sprang up, which was called Danelega, that is, the Law of the Danes; by which Law heretofore the 15 Eastern and Northern Counties were judged, to wit, Middlesex, Suthfolk, Northfolk, Herthfordshire, Cambridgeshire, Huntingdonshire, Lincolnshire, Nott • nghamshire, Derbyshire, Northamptonshire, Leicestershire, Buckinghamshire, Beddefordshire, and Yorkshire, which County of York heretofore contained all Northumberland, from the water of Humber, to the River of Twede, which is the beginning of Scotland, and is now divided into six Shires. Now out of the foresaid three Laws, Merchenelega, West-Saxenelega, and Danelega, this King Edward set forth one common Law, which even to this day is called the Law of Edward. The like is recorded by Hygden in his Polychronicon, l. 1. c. 50. Mr. John Fox in his Acts and Monuments, vol. 1. p. 213, 214. Samuel Daniel his Collection of the History of England, p. 22. John Speed his History of Great Britain, p. 410. Fabian, H • linshed, Caxton, Grafton, and others, almost in the selfsame words. These Laws are nowhere extant in any Manuscripts, or printed Authors, as they were originally compiled and digested into one body by him and his Barons, but as they were presented upon Oath to, and confirmed by King William the Conqueror, in the 4th. year of his reign, of which Ingulphus Abbot of Croyland, in the close of his History (to which they are annexed in some Manuscripts ) gives us this account, flourishing in that age.

These Laws are partly Ecclesiastical, partly Civil, recorded by Roger de Howden Annalium pars posterior, p. 611. to 631, by Mr. Lambard in his Archaion, Henry de Knyghton de Eventibus Angliae, l. 2. c. 4. Spelmanni Concili p. 613. Mr. John Selden, ad Eadm • rum & Notae, & Spicelegium, p. 172. to 195 Mr. John Fox his Acts and Monuments, vol. 1. p. 214. wherein those who please may peruse them.

• n these Laws it is observable: 1. That all capital, corporal, pecuniary punishments, fines for criminal offenses, and all reliefs, services, and duties to the King, are reduced to a certainty, not lef • arbitrary to the King, his Justices, or other Officers, for the Subjects greater liberty, ease and security. 2. That they protect, preserve the Possessions, Privileges, Persons of the Church and Clergy from all Invasion, injury, violence, disturbance, and specially enact, That not only all Clerks and Clergy men, but all other persons shall enjoy the peace of God and the Church, free from all assaults, arrests, and other disturbances whatsoever, both on Lord's-days, Solemn Festivals, and other times of public Church meetings, eundo, & subsistendo, & redeundo; both in going to, continuing at, and returning from the Church, and public duties of God's worship; or to Synods, and Chapters, to which they are either summoned, or where they have any business requiring their personal presence (wherewith the Statute of 8 H. 6. c. 1. concurs, as to the later clause) Therefore all Quakers, Anabaptists, and others, who disturb, affront and revile, assault, or abuse our Ministers, or their people, (as many now do) in going to, or returning from the Church, or whiles they continue in it, as well before or after, as during Divine Service, Sermons, or Sacraments there administered, may and ought by the Common Law of England, (confirmed both by Confessor and Conqueror in their Parliamentary Councils) to be duly punished, as Breakers of the Peace, by all our Kings, Justices, and Ministers of public Justice, being ratified by Magna Charta, c. 1. and the Coronation Oaths of all our Kings, (which all our Judges, and Justices are bound to observe;) To keep to God and holy Church, to the Clergy, and to the People Peace and Concord entirely, according to their power, (especially during the public worship of God in the Church, and in going to, tarrying at, and returning from the duties which they owe unto him, both as his Creatures and Servants) And to grant, keep, and confirm the Laws, Customs, and Franchises granted by the glorious King Edward. 3. That they prescribe the due payment of Tithes to God and his Ministers, as well personal as praedial, under Ecclesiastical and temporal penalties, being granted and consented unto a Rege, et Baronibus et Populo. 4. That the Causes and pleas of the Church ought first to be heard & ended in Courts and Councils before any other, Iustitia enim est, ut Deus ubique prae caeteris honoretur. 5. That they thus define Danegild :

(To which Howden, Knyghton, Lambard, and others subjoin,) By which it is apparent, 1. That this grievous Tax of Danegeld, was first gran • ed and appointed by a public Law in a Parliamentary Council, to hire men to resist the eruption of the Pirates and Enemies. That it amounted but to 12 d. a year, upon every Ploughland. That the Church and Demesne Lands of the Church, where ever they lay, were exempted from it, till William Rufus his time, who first exacted it from the Clergy upon a pretended necessity, and rai • ed it, from 12 d. to 4 s. a Ploughland, by grant of the Barons, without any Law to enact or confirm it, for fear of drawing it into consequence.

6ly, That these Laws thus describe the Duty and Office of a King; The King, because he is the Vicar of the highest King, is constituted for this end, that he may rule the earthly kingdom and the Lord's people, and above all things, that he may reverence his holy Church, and defend it from injuries, pluck away evil doers from it, and utterly to d • stroy and disperse them; Which unless he shall do, the name of a King agreeth not unto him, the Prophet (Pope) John witnessing, Nomen Regis perdit, qui quod Regis est non faciat; he loseth the name of a King, who dischargeth not the duty of a King. Pepin and Charles his Son, being not yet Kings, but Princes under the French King, hearing this definitive Sentence, as well truly as prudently pronoun • ed concerning the name of a King, by William the bastard King of England, foolishly writ to Pope John, demanding this que •• ion of him ; Whether the Kings of France ought so to continue, being content only with the name of a King? Who answered; That it is convenient to call them Kings, who do watch over, defend, and govern the Church of God and his people, imitating King David the Psalmograph saying, He shall not dwell in my House which worketh pride, &c. (After which it followeth in Mr. Fox, and some others, but not in Howden, and Knyghton • ) Moreover, the King by his right and by his Office, ought to defend and conserve fully and wholly in all ampleness, without diminution, all the Lands, Honors, Dignities, Rights and Liberties of the Crown of his Kingdom. And further, to reduce into their pristine state, all such things as have been dispersed, wasted and lost, which appertain to his kingdom. Also the whole and universal Land, with all Islands about the same in Norway and Denmark, be appertaining to the Crown of his kingdom, and be of the appurtenances and dignity of the King, making one Monarchy, and one Kingdom; which sometimes was called the Kingdom of Britain, and now the Kingdom of England: such bounds and limits as is abovesaid, be appointed and limited to the name of this kingdom. A King, abov • all things, ought to fear God, to • ove and observe his commandments, and cause them to be observed through his whole kingdom. He ought also to keep, cherish, maintain and govern the holy Church within his kingdom with all integrity and Liberty, according to the constitution of his ancestors and predecessors, and to defend the same against all Enemies, so that God above all things be honored, and ever before his eyes. He ought also to set up Good Laws and Customs, such as be wholesome and approved: Such as be otherwise, to repeal them, and thrust them out of his kingdom.

Item, he ought to do Judgment and Justice in his kingdom, by the counsel of his Realm. All these things ought a King in his own person to do, taking his Oath upon the Evangelist, swearing in the presence of the whole State of the Realm (as well of the Temporalty 〈◊〉 of the Spiritualty) before he be crowned of the Archbishops and Bishop • . Three Servants the King ought to hav • under his feet as Vassals, Fleshly Lust, Avarice, and Gr • edy desire; whom if he keep under as his Servants and Slaves, he shall reign well and honourably in his Kingdom. All things are to be done with good advisement and premeditation: and that properly belongeth to a King. For hasty rashness bringeth all things to ruin, according to the saying of the Gospel: Every kingdom divided in itself shall be desolate, &c. (A clear evidence that our Saxon King • had no arbitrary nor tyrannical power to condemn, banish, imprison, oppress or Tax their Subjects in any kind, against their Laws, Liberties, Properties.) And thus much touching King Edwards Laws, Qui ob vitae integritatem, Regnandi Iustitiam & clementiam, Legumque sive à se latarum, sive ex veteribus sumptarum, & Equitatem, inter Sanctos relatus est, as Matthew Parker records of him.

In the year of Christ, 1053. as many, or 1054. as others compute it, that old perjured Traitor Earl Godwin, came to a most soddein, shameful exemplary death by divine justice, which the marginal Historians thus relate; and Abbot Ailred thus prefaceth. Inserendum arbitror qu • modo Godwinum proditionum suarum donatum stipendiis, divini judicii ultrix ira consumpserit, detestandique facinoris quod in Regem fratrem{que} ejus cōmiserat, populo spectante, ipsam quam meruerat poenam exolverat. This Godwin being the Kings Father-in-law, abusing his simplicity, multa in regno contra jus et fas pro potestate faciebat, did many things in the Realm, against Law and right, by his power; and often attempted to incline the Kings mind to his Injustice. At last his subtlety proceeded so far, that by fraud, deceit and circumvention, he banished out of the land almost all the Kings kindred and friends, whom he had either brought with him, or called out of Normandy, as well Bishops as Clerks, and Laymen of other dignities: believing that all things would succeed according to his desires, if the King deprived of all his friends, should make use only of his Counsels. But Edward dissembling all things, in regard of time, place, and out of religion, addicted himself wholly to divine duties, sometimes predicting, That divine Justice would at some time or other revenge so great malice of the Earl, and telling Godwin himself so much. Whereupon on a certain day when the King was celebrating the Feast of Easter at Winchester (as most,) or at Windsor, (as some,) or Hodiam (as others) relate; which feast was famous among the people; the King sitting at his royal Table at dinner, the Kings Cup-bearer ( Harold, Godwins own Son as some record) bringing the Kings cup filled with Wine towards the Table, striking one of his feet very hard against a stumbling block on the pavement, fell almost to the ground, but his other foot going straight on recovered him again, and set him upright, so that he had no harm, nor shed any of the wine. Upon which many discoursing touching this event, and rejoicing that one foot helped the other, Earl Godwin (who customarily sat next to the King at Table, being his Father-in-law) laughing thereat, said by way of merriment; Here a brother helped a brother, as some; or, So is a Brother helping to a Brother, and one assisting another in necessity, as others report his words: To whom the King upon this occasion ironically answering, said; Thus my Brother (Alfred) might have assisted me, had it not been for Godwins Treachery, who would not permit him. Which Speech of the Kings Godwin taking over-grievously, was sore afraid, and with a very pale and sad countenance, replied; I know O King, I know, it hath been often reported to thee, that I have sought to betray thee; and that thou O King dost as yet accuse and suspect me concerning the death of thy Brother Alfred; neither yet doest thou think that those are to be discredited, who call me either his or thy Traitor, or betrayer. But let thy God who is true and just, and knoweth all secrets, judge between us; and let him never suffer this piece of bread I now hold in my hand, to pass down my throat without choking me, if I be guilty of any Treason at all against thee, or had ever so much as a thought to betray thee; Or, if I be guilty of thy Brothers death; or if ever thy brother by me, or my counsel, was nearer to death, or remoter from life. And so may I safely swallow down this morsel of bread in my hand, as I am guiltless of these facts. When he had thus spoken, the King blessed the piece of bread; whereupon Godwin putting it into his mouth, swallowed it down to the midst of his throat, where it stuck so fast, that he could neither get it down nor cast it up by any means, till through the cooperation of divine vengeance, he was so choked with it, that his breath was quite stopped, his eyes turned upside down, his arms grew stiff, being conscious to himself of what he thus abjured, and so he fell down dead under the Table: Deus autem justus et verax audivit v • cem Proditoris, et mox eodem pane strangulatus, mortem praegustavit aeternam ; writes Radulphus de Diceto. The King seeing him pale and dead, and that divine judgment and vengeance had thus passed upon him, said to those who stood by, Dragg out of this dog, this Traitor, and bury him in the high way, for he is unworthy of Christian burial. Whereupon his Sons there present beholding this Spectacle, drew him from under the Table into a Bedchamber, ubi debitum proditoris sortitus est finem ; and immediately after they buried him privily in the old Monastery at Winchester, without honor or solemnity. Abbot Ingulphus thus briefly relates the story of this his death. Anno Domini 1053. cum Godwinus Comes in mensa Regis de n • ce sui fratris impeteretur, ill post multa Sacramenta tandem per buccellam d • glutiendam abjuravit, & buccella gustata continuo suffocatus interiit.

As this judgment of God upon Earl Godwin for murdering Prince Alfred right heir to the Crown, and the Normans who accompanied him, (17 years after the fact) was most exemplary: so God's justice upon his posterity is remarkable, which (to omit their forementioned exiles troubles) are thus epitomized by Will. Malm • b. Godwin in his younger years had the Sister of Cnut for his wife • on whom he begat a Son; who having passed the first years of his childhood, whiles he was riding on a horse given to him by his Grandfather, in a proud childish bravado giving him the spur and • ains, the horse carried him into the swift stream of the River of Thames, where he was drowned. His Mother also was slain with the stroke of a thunderbolt, receiving the punishment of her cruelty; who was reported to buy whole droves of slaves, especially beautiful maids in England, and to send them into Denmark, that she might heap up riches by their deformed sale. After her death he married another wife, on whom he begot Harold, Swane, Wulnoth, Tosti, Girth, and Leofwin. Harold, after Edward, was King for some Moneths, and being conquered by William at Hastings, lost both his life and kingdom, with his two younger Brothers, (there slain in battle:) Wulnoth sent into Normandy by King Edward, because his father had given him for an hostage, was there detained a Prisoner without any release, during all King Edwards life, and being sent back into England in Williams reign, continued in bonds at Sarisbury till his old age. Swane of a perverse wit, treacherous against his King, revolted oftentimes both from his Father and his Brother Harold, and becoming a Pirate, polluted the virtues of his ancestors with his maritime Robberies and murder. At last going barefoot to Jerusalem in pilgrimage, (out of conscience, to expiate the willful murder of his Cosen Breuno, and as some say his Brother) in his return thence, he was circumvented and slain by the Saracens. Tosti being advanced by King Edward to the Earldom of Northumberland after the death of Earl Syward, ruled the County near two years, which being expired, he stirred up the Northumbrians to a Rebellion with the asperity of his manners: for finding him solitary, they chased him out of the Country, not thinking • it to slay him, by reason of his Dukedom; but they beheaded all his men both English and Danes, and spoiled him of all his horses, arms and household-stuff; whereupon being deprived of his Earldom, he went with his wife and children into Flanders, and at last invading Northumberland, and joining with the Danes against his own brother King Harold, was there slain by him in battle, (with all his forces;) His daughter Queen Egitha, (besides her forementioned repudiation by King Edward, ) and the imprisonment and disgraces put upon her by him for her Fathers sake, was never carnally known by him as his wife, out of a detestation to her Father Godwin, because he would not ingender heirs to succeed him in the royal Throne, out of the Race and seed of such a Traitor, as many Historians assert: • ven so let all other such like perfidious Traitors & their Posterities perish, who imitate him, and them in their Treasons, Perjuries, Rebellions, and will not be warned nor reclaimed by his, or their sad examples.

The same year Earl Godwin thus perished, Rheese brother of Griffin King of Southwales, was slain by King Edwards command, and his head brought to Gloucester to the King on the Vigil of Epiphany, for his manifold Treasons, rebellions, and frequent depredations upon his English Subjects.

King Edward Anno 1054. commanded Sywar • the valiant Duke of Northumberland, to invade Scotland with an Army of horse and a strong Navy, to remove Mackbeoth K. of Scots (to whom he had formerly given the Realm of Scotland to hold it of him) and make Malcolm (the King of Cumberlands Son) King in his place; Who thereupon entering Scotland with a puissant Army, fought a set battle with Mackbeoth, slew many thousands of the Scots, and all the Normans who went to him out of England, chased him out of Scotland (then totally wasted and subdued by Syward ) and deprived him both of his Life and Realm. Which being effected, King Edward gave the Realm of Scotland to Malcolm, to be held from and under himself. Not long after Duke Syward being likely to die of a flux, when he saw death approaching, said; What a shame is it, that I who could not die in so many battles and wars, should be reserved to die with disgrace, like a Cow? Wherefore put upon me my impenetrable coat of male, gird me with my sword, set my helmet upon my head, put my buckhandler in my left hand, and my gilt battle-ax in my right hand, that being the strongest of all Soldiers, I may die like a Soldier. Whereupon being thus armed as he commanded, he said; Thus it becomes a Soldier to die, and not lying down in his bed like an Ox ; and so he most honourably gave up the Ghost. But because Walt • of his Son was then but an in • ant, his Earldom was given by the King to To • ti, son of Earl Godwin • whose Earldom after Godwins sudden death, was bestowed on Harold, and Harold's Earldom given to Algarus Earl of Chester : Earldoms in that age being only for life, not hereditary.

In the year 1055. King Edward, Habito Londoniae Concilio, holding a Parliamentary Council at London, banished Algarus, Son of Earl Leofric, quia de Proditione Regis in Concilio convictus fuerat, because he had been convicted in the Council of Treason against the King, as Henry Huntindon, Bromtons Chronicle, and Hygden record: Yet Florentius Wigorniensis, Simeon Dunelmensis, Howden, Henry de Knyghton, and others write, He was banished sine culpa, without any crime. Whereupon passing over into Ireland, he soon after repaired with 18. piratical Ships to Griffin King of Wales, requesting him to give him aid against King Edward. Who thereupon forthwith assembling a very great Army out of all his Realm, commanded Algarus, to meet him and his Army with all his forces at a certain place; where uniting their forces together, they entered into Herefordshire to spoil and depopulate it. Against whom timorous Earl Ralph, King Edward • Sisters Son, raising an Army, and meeting them two miles from the City of Hereford, commanded the English to fight on horseback contrary to their custom: But when they were about to join battle, the Earl with his French and Normans, fled away first of all; which the English perceiving, followed their Captain in flying; whom the Enemies pursuing, slew four or five hundred of them, and wounded many more; and having gained the Victory, took the City of Herford, slew some of the Citizens, carried away many of them captives, annd having burnt and pillaged the City, returned enriched with great booties. The King being info • med of it, commanded an Army to be presently assembled out of all England, which meeting together at Glousester, he made valiant Earl Harold their General; who devoutly obeying his commands, diligently pursued Griffin and Algarus, and boldly entering into the coasts of Wales, encamped at Straddle. But they knowing him to be a valiant man, not daring to fight with him, fled into South-wales. Upon which, Harold leaving the greatest part of his Army there, commanded them manfully to resist the Enemies if there were cause, and returning with the rest of the multitude to Her • ford, he enviro • ed it with a broad and deep trench, and fortified it with gates and bars. At last Messengers passing between them and Harold, they made a firm Peace betwee • them. Whereupon Earl Algarus his Navy returning to Chester, there exacted the wages he had promised them; but he repairing to the King, received his Earldom from him again. This same year Herman Bishop of Salisbury requested of the King, and almost obtained leave to remove his See from Ramesberg to the Monastery of Malmesbury : sed Rege juxta Consilium Procerum id nolente, he thereupon resigned his Bishopric, went beyond the Se • s, and took upon him the habit of a Monk; but repenting of his rashness, he returned into England, three years after, and held the Bishoprics of Salisbury and Sherborne united together, till the 9th year of King William the Conqueror.

In the year 1057. Prince Edward, son of Edmond Ironside, came out of Hungary (where he had long lived an Exile) into England, being sent for thence by his Uncle King Edward, who had decreed to make him heir to the Crown after himself; but he died at London soon after his return, leaving only Edgar Athelin his son, very young, and two daughters Margaret, and Christiana, under the Kings custody and tuition. This same year, Earl Leofric, at the request of his devout Noble Countess Godina, freed the City of Coventry from a most grievous dishonest servitude, and heavy Tribute, wherewith he had formerly oppressed the Citizens, being very much offended with them; which (though frequently importuned by her) he would remit upon no other condition but this; That his Lady Godina should ride naked through the street of the City, from the one end of the market to the other, when the people were there assembled ; Which she, to obtain their Liberties from this Servitude and Tribute, performed, covering herself so with her long fair hair, that she was seen and discerned by nobody. Where • pon the Earl her husband by his Charter, exempted the Citizens of Coventry forever from many payments, which he formerly imposed and exacted from them ; the wisdom of which Earl much benefited the King and people whiles he lived.

Algarus his son succeeding him in the Earldom of Mercia in the year 1058. was banished the second time by Ki • g Edward; but by the assistance of Griffin King of Wales, and help of the Norw • y fleet, which beyond expectation came to assist him, he suddenly recovered his Earldom again by force, of which he conceived himself unjustly deprived against Law. Gri • fin King of Wales having (contrary to his former league and agreement) invaded, infested England, slain the Bishop of Hereford, burnt the City, • arrowed the Country, and twice assisted Earl Algarus against King Edward ; thereupon Anno 1063. Duke Harold by King Edwards command marched hostilely into Wales, with his forces to infest Griffin : who having notice of his coming, took Ship, and hardly escaped his hands. Hereupon Harold raised a greater Army, and likewise provided Ships and furniture; after this his brother Tosti and he, joining their forces together, by the Kings command, began to depopulate Wales, and invaded it both by Sea and Land: whereupon the Welshmen compelled by necessity, gave them Hostages, and promised, That they would thenceforth pay a Tribute to K. Edward, as their Sovereign, and banish their King Griffin: whom they expelled accordingly that year: and An. 1064. they cut off their King Griffins head, and sent it unto Harold, who presently transmitted it to K. Edward : whereupon the King made Griffi • s Brothers Blethagent and Redwallo, Kings over the Welshmen, to whom he gave that land, who sware Fealty to King Edward and Harold; et ad imperium illorum mari terraque se fore paratos, ac omnia quae prius de terra illa Regibus anterioribus fu • rant pensa obedien • er se pensuros responderunt, as Wigorniensis, Howden, Simeon Dunelmensis, and others record their Oath.

The next year Tosti Earl of Northumberland, moved with envy against his Brother Harold, in the Kings own presence at Winsore, took Harold by the hair as he was drinking wine to the King, and violently struck the Cup out of his hand, using him most dishonourably, all the Kings Household admiring at it. Upon which Harold provoked to revenge, taking Tosti between his arms, and lifting him up on high, threw and dashed him violently against the pavement. At which sight the Soldiers round about ran in on all • ides, and parting the began fray perforce between these Brothers and stout Warriers, severed them one from the other. But the King upon this predicted, that the destruction of these two Brothers was now near at hand, and that their deadly feud was not long to be deferred. For all the sons of the Traitor Earl Godwin were so ungracious, covetous, oppressive, and so extremely unjust, that if they had seen any fair Manner or Mansion place, they would procure the owner thereof to be slain in the night, withal his posterity and kindred, that so they might get possession thereof for themselves. Who notwithstanding which their soft and honeyed speeches, (although they were but swords) did so circumvent the over-credulous simplicity of King Edward, that after many enormous wickednesses committed by them, he made them R • gni Iusticiarios, Regni Rectores & Dispositores ; both Justices, Rulers and Disposers of the kingdom; and likewise Generals and Admirals of his forces both by Land and Sea. The many acts of Injustice committed by the sway of power and passion by Earl Godwin and his sons proportionate greatness and the Kings weakness, did much blacken that bright time of Peace, and made a good man (not by acting, but enduring ill) held to be a bad King. Tosti after this contest and quarrel with his brother Harold, departing in a rage from the Kings Court, and coming to the City of Hereford, where his Brother Harold had provided a great entertainment for the King, slew and cut all his Servants in pieces, and put either a leg, arm, or some other member of their bodies thus mangled, into every vessel of wine, meade, bear, and other sorts of liquors he there found, wherein they lay steeping, stopping up the Vessels again: Which done, he sent word to the King, that when he came to his Farm at Hereford, he should find his flesh well powd • red, and that he would provide him sweetmeats. The King being informed of this his barbarous villainy and scoff, commanded that he should be banished for this detestable wickedness, which he abhorred. Soon after Tosti departing into Northumberland, about the 5. of October, divers Gentlemen and others of that Country assembling together, came with about 200 • armed men to York, where Tosti then resided, both to revenge the execrable murder of some Noble Northumberlanders, servants to Go • patri • , whom Queen Egitha, in the cau • e of her brother Tosti, had commanded treacherously to be slain on the 4th day of the precedent Christmas, and of Gamel the son of Or • e, and Ulfe son of Delfin, whom Tosti the year before had commanded to be treacherously murdered in his chamber at York, under pretext of making a Peace with them; necnon pro immanitate Tributi quod de tota Northimbria unjust acceperat ; as also for the excessiveness of the Tribute which he had unjustly received out of all Northumberland, without their common consent and grant. These chasing the Earl himself out of the Country ( pro contuitu Ducatus occidendum non rati ) slew and cut off the heads of all his Servants, and Courtiers, as well English as Danes, being above 200. on the North part of the river of Humber ; then breaking up his Treasury, they took away all his Treasures, Horses, Arms, household-stuff, and all things that were his. The rumor whereof being brought to the King, and the Country in an uproar, almost all the Northumberlanders met together, and elected, constituted Morchar, Earl Algarus, son for their Earl in the place of Tosti; who marched with them into Lincolnshire, Nottinghamshire, and Derbyshire, wasted and pillaged those Counties, slew many of the Inhabitants, and carried many thousands of them away captive, leaving those Counties much impoverished many years after. Hereupon Harold was sent against them to revenge those injuries, to prevent further mischiefs, and to mediate a reconciliation between them and Tosti. Upon this the Northumberlanders met Harold, first at Northampton, and afterwards at Oxford, and although they were more in number than he, yet being desirous of quietness and peace, they excused the fact unto him, saying: Se homines libere natos, libere educatos, nullius Ducis ferociam pati p • sse: A majoribus didicisse; aut Libertatem, aut Mortem, &c. That they being men freely born, freely educated, could not suffer the cruelty of any Duke. That they had learned of their ancestors, either to enjoy Liberty, or death. Therefore if the King would have them his Subjects, he must set another Earl over them; even Morchar, who had had experience how sweetly they kn • w to obey, if they were sweetly handled. But all of them unanimously refused any reconciliation at all with Tosti, whom they Outlawed, together with all those who had incited him to make an unjust Law, and impose an illegal Tribute upon them. Harold hearing these things, and minding more the Peace of the Country, than his brothers profit, recalled his Army; and the Kiug having heard their answer, confirmed Morchar for their Duke. Tosti hateful to all men, by the assistance of Earl Edwin, was expelled out of England by the Northumberlanders, and driven with his wife and children into Flanders, whence returning about two years after, and joining with the Danes, he entered with the Danes into Northumberland, miserably harrowed the whole Country, slaughtered the inhabitants, and at last was there slain with most of his Soldiers by his own brother King Harold, Anno 1066.

King Edward, (as Abbot Ingulphus living in that age, records,) Anno 1065. being burdened with old age, perceiving Prince Edgar Atheling (his Cosen Edwards son, lately dead) to be unfit for the royal throne, tam cord, quam corpore, as well in respect of mind as body, and that Earl Godwins many and wicked progeny did daily increase upon the earth, set his mind upon his Cosen William Duke of Normandy, et eum sibi succeder • in Regnum Angliae voice stabili sancivit ; and decreed, by a stable vote, that he should succeed him in the Realm o • England : For Duke William was then superior in every battle, and a triumpher against the King of France ; and his fame was publicly blazed abroad amongst all the Earls of Normandy who were next him, being invincible in the exercise of Arms, Iudex justissimus in causarum judici • , a most just Judge in the judging of causes, and most religious and most devout in the service of God. Hereupon King Edward sent Robe • t Archbishop of Canterbury to him, as his Legate a L • tere, or special Embassador, illumque designatum sui regni Successorem tam debito cognationis, quam merito virtutis suae Archipraesulis rela • u insinuavit ; and intimated unto him by the relation of his Archbishop, that he had designed him to be the Successor of his Realm, as well by the debt of kindred, as by the merit of Virtue. Moreover Harold, the Major of the Kings Court, coming into Normandy, not only swore, that he would conserve the Kingdom of England for Duke William af • er the Kings death ; but likewise promised upon Oath, that he would take the daughter of Duke William for his wife ; and upon these promises returned home magnificently rewarded: After which • e subjoins, Edwardi p • issimi Regis, cujus cognatione et consanguinitate inclytus Rex noster Willelmus fundat conscientiam suam regn • m Angliae invadendi, caeteris Regibus de Danorum sanguine, quasi nullius authoritatis ad allegandum, interim intermissis.

William of Malmesbury (who flourished in o • near that very age) thus seconds him. After the death of Edward, his son Edgar was, Neque promptus m • nu, neque probus ingenio. Rex itaque defuncto cognato, quia spes prioris erat soluta suffragii, Willielmo comiti Normanniae successionem Angliae dedit. Erat ill hoc mun • re dignus, praes • ans animi juvenis, & qui in supremum fastigium alacri labor excreverat. Praeterea proxime consanguineus, filius Roberti, filius Richardi se • undi, quem fratrem fuisse Emmae matris Edwardi, non semel est quod diximus. Ferunt quidam ipsum Haroldum a Rege in hoc Normanniam missum: alii secretioris co • silii conscii invitum venti violentia illuc actum, quo se tueretur invenisse common • um; quod, quia propius vero videtur, exponam. Harold coming to his farm at Boseam, going for his recreation into a fisher-boat, and putting forth into the Sea in sport, was by a sudden contrary storm arising, driven with his companions into the Village of Ponthieu in France, where he was stripped and bound hand and foot by the rude Country people, and carried Prisoner to Guido their Earl, who detained him in Prison to gain a ransom from him. Whereupon Harold being of a subtle wit, studying how to relieve himself, by large promises procured a Messenger to inform Duke William, that he was sent by the King into Normandy, that what lesser Messengers had but mu • tered ( touching his Succession to the Crown of England) he might perform by his presence ; especially that he was detained in bonds by Earl Guido, whereby he was hindered to deliver his message, notwithstanding his appeal to him, which was a great diminution to his honor: and if his captivity were to be redeemed with monie, he would willingly give it to him and not to Guido ; Upon which, he was by Duke Williams command released, brought by Guid • into Normandy ; and there nobly feasted by the Duke: where by his valor and policy he gained great reputation with Duke William ; and that he might more indear himself in his favor, he there voluntarily of his own accord, confirmed to him the Castle of Dover, which belonged to him of right, and the Kingdom of England after King Edwards decease: whereupon the Duke espoused him to his daughter ( Adeliza ) then a child, and bestowed her whole ample portion upon Harold, and then honourably dismissed him.

Matthew Westminster Anno 1057. relating this Story of Harold's driving into Ponthieu by storm against his will, as happening in that year; and that to ingratiate himself with Duke William: Post mortem Regis Edwardi ei Regnum Angliae Sacramento firmavit : subjoins there • o: Tradunt autem aliter alii, quod videlicet Haroldus a Rege Edwardo fuerat ad hoc in Normanniam missus, ut Ducem Gulihelmum in Angliam conducer • t, qnem idem Rex Edwardus Haeredem sibi constituere cogitavit.

Roger de Hoved. Annal. pars prior. p. 499. Radulph. de Diceto Abbr. Chron. col. 480, 481. Eadmerus Hist. Novorum, l. 1. p. 4, 5. Sim. Dunel. Hist. col. 195. Io. Brompton in his Chronicle, col. 947. Hygden in his Polychron. l. 6. c. 27. with others, record the matter somewhat different from our other Historians. That Harold after his Fathers death craving leave of King Edward to go into Normandy, to free and bring into England his Brother Wulnoth, & Nephew Hake, there detained Hostages; the King would not permit him to go as sen • by him, but yet left him free to do what he pleased of himself therein : Adding, Praesentio tamen te ad nihil aliud tendere, nisi in detrimentum totius Anglici regni, et opprobrium tui; nec enim ita novi Comitem mentis expertem ut eos aliquatenus velit concedere tibi, si non praescierit in hoc magnum proficuum sui. Harold notwithstanding taking ship to go into Normandy upon this occasion, was driven by storm into Ponthieu, and there imprisoned as aforesaid, and by Duke Williams means and threats, after two denials, released: who honourably entertaining him for some days, to advance his own designs by him; at last opened his mind thus to him. Dicebat itaque Regem Edwardum quando secum invene olim juvenis in Normannia demoraretur, sibi interposita fide sua, pollicitum fuisse, quod si Rex Angliae foret, Ius regni in illum Iure Haereditario transferret; & subdens ait; tu quoque si mihi te in hoc ipso adminiculaturum sposponderis, et insuper castellum Dofris, cum pute • aquae, ad opus meum te facturum, sororemque tuam, uni de Principibus meis dederis in uxorem, te ad m • t • mpore, quo nobis conveniet, destinaturum, nec non filiam meam in c • njugem accepturum, promiseris; tunc et modo nepotem tuum: et cum in Angliam venero regnaturus fratrem tuum incolumem recipies: in quo regno, si tuo favore confirmatus fuero, spondeo, quod omne quod à me rationabiliter tibi postulaveris obtinebis. Hereupon Harold perceiving danger on every side, and not knowing how to escape, unless he condescended to Williams will in all things, he thereupon consented to his requests. But he, that all things might be ratified, bringing forth the relics of Saints, brought Harold to this, That he should swear upon them, that he would actually perform all things which they had agreed between them. These things thus done, Harold receiving his Nephew, returned into his Country, where he related to the King, upon his demand, what had happened, and what he had done; Who said, Did I not tell thee I knew William, and that many mischiefs might happen to this kingdom in thy journey; I foresee in this thy deed, that great calamities will come upon our Nation, which I beseech God of his infinite mercy to grant, that they may not happen in my days. Mr. Fox relating this story more briefly, concludes thus. Whereby it may be • athered That King Edward was right willing that Duke William should reign after him; and also it seemeth not unlike, but that he had given him his promise thereunto before. The same Howden, Annalium pars posterior, p. 608, 609, 610. reciting the Laws of King Edward confirmed by King William after he got the Crown; records these passages intermixed with them. That King Edward retained his Cosen Edwards son, Edgar, with him, and nourished him for his Son, and because he thought to make him his Heir, he named him Adeling, which we call a Little Lord. But King Edward so soon as he knew the wickedness of his Nation, and especially the pride of the Sons of Godwin, of Harold, (who after invaded the Kingdom) Estigurt, Lefwin, and others of his Brothers; imagining that what he had purposed concerning Edgar, could not possibly be stable; Adoptavit Willielmum Ducem Normannorum in regnum: adopted William Duke of Normandy to succeed him in the R • alm ; William, I say, the bastard, the son of Robert his Uncle, a valiant, warlike, and stout man: Who afte • ward • by God's assistance, by vanquishing the foresaid Harold son of Godwin, victoriously obtained the Re • lm o • England. To which he subjoins, That Edward wanting issue, sent R • bert Archbishop of Canterbury to his Cosen William Duke of Normandy, & de Regno eum constituit Haeredem ; and made him heir of the Kingdom: yea after him he sent Earl Harold ; and He invaded the Realm; He further Records; That when King William would have altered the Laws of England presented to him upon Oath in the 4th year of his reign but in one point. Universi compatriotae, qui leges edixerant tristes effecti, &c. tandem cum prosecuti sunt deprecantes, quatenus pro anima Regis Edwardi qui ei post diem suum concesserat Coronam et Regnum, et cujus erant Leges, that he would not alter the Laws herein, whereupon he consented to their request.

Thomas of Walsingham thus registers the fact. Edwardus Rex Anglorum, prolis succession carens, olim miserat Duci Robertum Archiepiscopum Cantuar. statuens illum haeredem Regni a Deo sibi attributi. Sed et Haroldum ipse postmodum destinavit, qui fuit maximus Comitum regni sui in honor, dominatione et divitiis, ut ei de Corona sua fidelitatem faceret; ac Christiano more Sacramentis confirmaret; Qui dum ob hoc negotii venire contenderet, velificato freto, Porti Pontnium appulit, ubi in manus Widonis Abbatis villae S. Abvile Comitis incidit, quem idem Comes captum, cum suis con • estim in custodiam trusit. Quod ut Dux comperit missis Legatis violenter illum extorsit, quem aliquandiu secum morat • facto fidelitate de regno pluribus Sacramentis, cum muneribus multis Regi remisit. Denique Rex Edwardus, completo termino foelicis vitae, &c. migravit a saeculo. Cujus regnum Haroldus continuo invasit, ex fidelitate pejuratus quam Duci Iuraverat. Ad quem Legatos direxit protinus, hortans ut ab hac vesania resipisceret, fidem quam Iuramento sposponderat, cum digna subjectione servare • . Sed ill hoc non solum audire contempsit, veru • omnem ab illo Anglorum gentem infideliter avertit, &c.

Chronicon Johannes Brompton, Col. 945. relates, That King Edward purposed to make Edgar (whom he had nourished as his Son) heir of England: Sed ut quidam aiunt, Rex gentis suae m • litiam, et praecipue superbiam Haroldi, filii Godwini, • t aliorum divina demonstratione praevidens, percepit, quod proposi • um suum, quoad ipsum Edgarum cognatum suum, de regno post eum obtinendo, minime potuit adimplere, unde Willielmo cognato suo Normannorum Duci, Regnum post eum optinendum per solennes nuncios assignavit. And Col. 957. he adds, Some say that King Edward before his death had appointed William to succeed him, according t • the promise which the said King had made him when he was a young man living in Normandy, that he should succeed him in the Kingdom; concerning which, as some write, he had sent solemn Messengers to him into Normandy. The like is affirmed almost in the sa • e words by Henry de Knyghton de Eventibus Angliae, l. 1. c 15. col. 2238. and by Fabian, C • xton, Cambden, Holinshed, Grafton, Speed, Daniel, Stow, Vestegan, and other modern Historians.

Matthew Paris in the beginning of his History of England, p. 1. relates Harold's driving into Pountois • by storm, as he was taking his pleasure at Sea, his presenting to Duke William, his espousals to his daughter under age, which he ratified by Oath taken upon the relics of Saints; adding, Iuravit insuper, se post m •• tem Regis Edwardi, qui jam senuit sine liberis, Regnum Angliae Duci, qui in Regnum jus habuit, fideliter conservaturum. Consummatis igitur aliquot diebus cum summa lae • itia, amplis muneribus ditatus, in Angliam reversus est Haroldus. Sed cum in tuto constitueretur, jactabat se laqueos evasisse Hostiles, Perjurii crimen eligendo. And Anno 1257. Writing of the Lay Peers of France, whereof the Duke of Normandy is first, he hath this passage. Rex Angliae, Dux est de jure Normanniae, sanguinis derivatione geneali: Rex ex conquestis: dicitur tamen quod beatus Edwardus, eo quod haerede caruit, Regnum legavit Willielim Bastardo Duci Normannorum. Sed hoc robore asseruitur caruisse; qui • hoc fecit in lecto Lethalf, et sine Baronagii sui commnni consensu.

By all which Testimonies, as likewise by the express relations of Mr. Cambden in his Britannia, p. 144, 145. Richard Verstegan his Restitution of decayed Antiquities. Matthew Parker, his Antiquitates Ecclesiae Britanniae, p. 88. Mr. Seldens Review of his History of Tithes • p. 482, 483. it is apparent, that King Edward whiles he was in Normandy, before he was King; upon Duke Williams repairing into England to him after he was King, by several Messengers, and Hostages sent to him in his old age, and in his very death-bed, appointed Duke William to be both his successor and heir to the Crown of England, and that Harold, either voluntarily, as purposely sent by King Edward, or craftily, upon pretence he was sent by him, to work his own enlargement and his Nephews; or upon Williams motion to him; voluntarily swore, that he would faithfully preserve the Crown and Realm of England for him after King Edwards death, who had appointed him to succeed him, as his heir & next kinsman by the mothers side, and that he intended to dishinherit his Cosen Edgar Atheling of it, though nex • heir to it, by reason of his minority, unfitness, and indisposition both of body and mind, to sway the Scepter of the Realm.

King Edward, having finished his Abby of Westminster, and endowed it with ample lands and privileges by three several Charters, by the advice and assent of all his Bishops and Nobles as aforesaid, Anno 1066, caused it to be solemnly consecrated on Innocents day, with great solemnity; but falling sick in the midst of these festival Solemnities of its dedication, he betoo • himself to his bed; where continuing speechless for two days space together, on the third day, giving a great groan, and arising as it were from the dead, he related to those then about him, a Vision he had seen touching the State of England ; Namely, that two religious Monks he had formerly known in Normandy, dead many years before, were sent unto him with this message, declaring the Corruptions and Vices both of the Clergy, Nobility, Gentry, and People of England, and the judgments ready to fall upon them for the same: Which Matthew Westminster thus relates. Quoniam Primores Angliae, Duces, Episcopy & Abbates, non sunt Ministri Dei, sed Diaboli, tradidit Deus hoc regnum uno anno, et die uno, in manu inimic • ; Daemonesque terram hanc totam pervagabunt: Abbot Ailred thus records it, Impletum dicunt Anglorum nequitiam, & iniquita • consummata iram provocat, accelerat vind • cta • . Sacerdotes praevaricati sunt pactum Domini, polluto pector • & manibus iniquitatis sancta co •• rectant, & non Pastores, sed Mercenarii exponunt lupis oves, non protegunt, lac & lanam quaerunt, non oves, ut detrusos ad inferos, mors & pastores depascat et oves. Sed et Principes terrae infidels, Sociae surum PRAEDONES PATRIAE, quibus nec Deus timori est, NEC LEX HONORI, quibus veritas oneri, JUS CONTEMPTUI, CRUDELITAS DELECTATIONI. Itaque NEC SERVANT PRAELATI JUSTITIAM, nec subditi disciplinam. Et ecce Dominus gladium suum vibravit, aroum suum tetendit, et paravit illum; ostende • deinc • ps populo hinc iram & indignationē, immissiones insuper per Angelos malos, quibus traditi sunt anno uno & di • uno, igne simul et gladio puniendi. The King groaning and sighing for this calamity that was ready to fall upon his people, demanded of the Monks:

They replied, The King thereupon demanded, To which they replied; The verity of which Prophecy (add our Historians) the Englishmen experimentally felt, namely, That England should be an habitation of strangers, and a Domination of Foreigners, because a little space after, scarce any Englishman was either a King, a Duke, Bishop, or Abbot, neither was there any hope also of the end of this mise • y. King Edward after his relation of this V • sion to the Nobles and Prelates then about him, yielded up the Ghost and died without issue on Epiphany Eve, An. 1066. and was solemnly interred the next day in Westminster Abbey, the royal line of the Saxon Kings ending in him, which had continued from Cerdic the first King of the West-Saxons for 571. years, without interru • tion, except by some Danish Usurpers, who for the Sins of the English reigned for some years over them, with rigor, and were soon cut off by death.

CHAPTER 6. Comprising the Historical Passages relating to the Parliamentary Councils, Laws, Liberties, Properties, Rights, Government of England, Anno 1066. under the Short reign of the Usurper King Harold, till the Coronation of King William the First, falsely surnamed, The Conqueror, though never claiming the Crown by Conquest, but Title.

K Ing Edward deceasing without any issue of his body to succeed him, refusing all carnal copulation with his Queen, either out of a vowed virginity, as most Historians conclude; or, out of a detestation of Earl Godwins Trayterous race, quod Rex Religiosus de genere proditoris, haeredes qui sibi succederent, corrupto semine Regio nolue • rit procreari, as Ingulphus, Matthew W • stminster, and others record; thereby exposed the kingdom for a prey to the ambitious Pretenders aspiring after it. Upon which consideration, praesentiebant plures in ejus morte, desolationem Patriae, Plebis exterminium, totius Angliae Nobilitatis excidium, finem libertatis, honoris ruinam, (as Abbot Ailred informs us.) The English Prelates and Nobles being then all assembled at Westminster to the solemn consecration of the Abbey, were much perplexed, and the generality of the people exceedingly grieved at his death. For although he were, Vir propter morum simplicitatem parum Imperio idoneus, yet he was Deo devotus, ideoque ab eo directus. Denique eo regnante; nullus tumultus domesticus, qui non cito comprimeretur, nullum bellum forinsecus, omnia domi forisque quieta, omnia tranquilla; quod eo magis stupendum, quia ita se mansuete ageret, ut nec viles homunculos verbo laedere noscet. Nam dum qu • dam vice venatum isset, et agrestis quidem stabulata illa, quibus in casses cervi urgentur, confudisset, ill sua nobili percitus ira, per Deum inquit et Matrem ejus, tantundem tibi nocebo, si potero. Egregius animus quise regem in talibus non meminisset, nec abjectae conditionis homini se posse nocere putaret. Erat interea ejus apud domesticos reverentia vehemens, apud exteros metus ingens: fovebat profecto ejus simplicitatem Deus, ut posset timeri, qui nesciret irasci ; No wonder then if his death were much lamented by all his Subjects, cum omnes et in Rege cernerent unde gauderent, et in se sentirent und • dolerent. The English Nobility were much troubled and divided in their minds and affections, which were wavering, touching the election of a • it person to succeed him; Fluctuabant Proceres Regni quem sibi Regem praeficerent et Rectorem. Many of them favored William Duke of Normandy, as specially designed by King Edward to succeed him, others of them inclined to Prince Edgar Atheling, as the next and right heir to the Crown, Cui de Iure debebatur: Others of them favored Harold, Earl Godwins son, as being a person then of greatest Power and Valour in the Realm, Anglia dubio fav • re nutabat cui se R • ctori committeret incerta, an Haraldo, an Willielmo, an Edgaro. Nam & illum pro genere proximum regno, Proceribus Rex commendaverat. Harold being a crafty subtle man, knowing that delays were hurtful to those who were prepared, on the very day of Epiphany, whereon King Edward was buried, having the command of all the Militia and forces of the Realm, as General and Vice-roy to the deceased Kiug, by the strength of himself and his kindred and friends, invaded and seized upon the royal Crown, and then presently set it upon his own head, crowning himself King without any Title, Right, or due Election by the Nobles, or Coronation by the Bishops, (whereby he incurred the hatred both of the English Prelates and Pope;) and then extorted alleg • ance from the Nobles ; as William of Malmesbury, Matthew Paris, Ingulphus, Henry Huntindon, Matthew Westminster, the Chronicle of Brompton, Knyghton, Caxton, Mr. Fox, Speed, and some others attest. But Marianus Scotus, Florent. Wigorniensis, Roger de Howden, Sim. Dunelm. Radulfus de Diceto, Eadmerus, Hygden, Fabian, Grafton, with others, write in favor of Harold, that King Edward before his death, made him not only his General, but Vice-roy; and ordained, that he should be King after him. Whereupon, A totius Angliae Primatibus ad regale culmen electus, he was elected to be King by all the Nobles of England • and solemnly consecrated and crowned King by Aldred Archbishop of York. And so, Iuxta quod ante mortem (Edwardus) statuerat, in Regnum ei successit Haroldus, writes Eadmerus. That King Edward designed him for his Successor in the Crown, seems very improbable, because Harold himself never alleged nor pretended it in any of his Answers to Duke Williams Ambassadors to him, who claimed the Crown by his special bequest and designation in his life-time; and because King Edwards hatred to Godwin and his Posterity, seems inconsistent with it •

William of Malmesbury an impartial disengaged Author living in, or near that time, gives us this determination of these diffrent relations. Recenti adhuc regalis funeris luctu, Haroldus ipso Theophaniae die, extorta a Principibus fide, arripuit Diadema, quamvis Angli dicant, a Rege concessum: quod tamen magis benevolentia, quam judicio allegari existimo, ut illi haeredit • tem tran • funderet suam, cujus semper suspectam habuerat potentiam. Quamvis, ut non celetur veritas, pro persona quam gerebat, regnum prudentiae & fortitudine gubernaret, si legitime suscepiscet. Abbot Ingulphus living at that time, thus relates his intrusion into the Throne against his Oath. In crastino Regii funeris Comes Haroldus, con • ra suum statum & jusjurandum, cont • mpler praesti • ae • idei, ac nequiter oblitus sui Sacramen • i, Throno R • gio se intrusit : yet adds; per Archiepiscopum Eboracae Aldredum solenniter coronatus : Henry Huntindon thus records it, Quidem Anglorum Edgar Adeling promovere volebant in Regem : Haroldus vero, viribus et genere fretus Regni Diadema invasit. The Chronicle of Brompton, and Knyghton, thus give us the story of it. Sancto Edwardo rege et Confessore m • rtuo, quidam Anglorum Magnates Edgarum Adelynge, • ilium Edwardi, filii Regis Edmondi Ironside in Regem promovere moliebantur; sed quia pure erat, et tanto oneri minus idoneu • , et in bursa minus refertus, Haroldus Comes viribus et genere fretus, Cui erat Men's astutior, crumena f • c • ndior, et miles copiosior, et pompis gloriosior, sinistro omine Regnum occupavit, et contra Sacramentum quod Willielmo Duci Normanniae praesti • erat, Regni Diadema sinistro omine illico invasit, et sic perjurus sancto Edwardo successi • juxta quod idem Edwardus, ut quidam aiunt, ante mortem suam statuerat promissione quam idem Rex dum juvenis in Normannia extitit, dicto Willielmo de succedendo post • um in regnum fecerat, & sibi super hoc postea secundum quosdam solemnes nuncios, ut praemittitur, destinaverat, non obstante. Abbot Ailred, thus registers Harold's usurpation, and the sad events thereof. Int • rea Haroldus, Godwini filius, Regnum Angliae quod secundum fidem Sacramenti debuerat servasse Willielmo Regis Edmundi consobrino, sibi nec Iure debitum, nec Natura, irreverenter usurpans, malum quod Angliae secundum Sancti Regis oraculum Dominus praeparaverat transgression pacti et fidei acceleravit laesione. Ut autem attenuati viribus, facilius ab hiis quos unjust provocaverat hostibus vinceretur, suscitavit ei a parte aquilonis inimicos, Haroldum cognomento Harfar, Norwagenorum regem, et Tostium fratrem s • um, quem de Anglia ipse exp • lerat &c. Tho. Walsingham thus stories it. Cujus regnum Haroldus continuo invasit, ex fidelitate pejura • us quam Duci juraverat. Ad quem Legatos direxit protinus, hortans ut ab hac vesania resipisceret, et fidem quam juramento spospondera • , cum digna subjectione servaret. Sed ill hoc non solum audire contempsit, verum omnem ab illo Anglorum gentem infideliter avertit. Hygden in his Polychronicon, l. 6. c. 28. Mr John Fox, Acts and Monuments Vol. 1. p. 214. Mr. Cambden in his B • itannia, p. 145, 146. Holinshed, Sir John Hayward, Sir Richard Baker, affirm the like, and incline to this opinion. That Harold, by his might, power, craft, policy usurped, and invaded the Crown, without any right, against his Oath. I shall sum up all their Opinions in the words of John Speed.

Harold having gotten actual possession of the Crown, Marianus Scotus, Florentius Wigorniensis, Huntindon, Howden, Sim. Dunelmensis, Radulphus de Diceto, Hygden, Fabian, Gra • ton, H • linshed, Cambden, and Speed, record; that to ingratiate himself with the Clergy & people,

Whereunto John Speed superadds, But these Encomiums of his Justice and Government, seem to me, to be rather forged than real. For how could he r • form ill Laws and Customs, and enact good Laws, when King Edward had so newly and exactly done it before him, that there was no need of such a reformation; neither • inde we the least mention of any Laws made by Harold? Or how could he remit, or diminish those grievous c • stoms and Tributes, which King Edward had totally remitted before him, unless himself first revived them? Or how could he court the Prelates and Clergy, when as he refused to be consecrated by them, for which he incurred their disfavour? I rather therefore incline to the quite contrary Characters which other Historians give of him and his Government, as most consonant to truth. Henry de Knyghton, though he recites what some forementioned write in his favor, yet gives us this account of his proceedings himself: Iste devenit nim • s e • latus et cupidus in collectione auri et argenti et thesaurorum, nec aliquam uxorem ducere voluit, & vi oppressit filias Baronum & Procerum, atque Militum de regno: quod ipsi aegre ferebant; Et de Forestis suis tantam ferocitatē & seviritatem erga adjacentes Nobiliores exercuit, quod quamplures adni • tlavit, et multos depauperavit. Neo mirum quamvis ex hiis et aliis nimis odiosus devenit populis suis. Et ideo pars Comitum et Baronum ad invi • em conferebant, dicentes, ipsum non esse fortunae deditum, nec verum esse Regem, sed per intrusionem erectum, et ideo infauste regere populum suum. Et mandaverunt Willielmo Duci Normanniae, ut in Angliam veniret eorum Consilio et Auxilio Ius Regni prosecuturus, feceruntque ei fidelem securitatem veniendi, et consensit. And Matthew Westminster gives us this character of him: Superbia elatus jam factus de Rege Tyrannus, Rex Haroldus in multis patrisans temerarius suit, et indiscretus, in praesumptione ancipiti nimis suae invictae confidens fortitudini, laudis cupidus et Thesauri, promissorum immemor arridente prosperitate. Unde ipsis Anglis quibus praeerat, etiam consanguineis se praebuerat odiosum; victoriamque cum illi Dominus exercituum et Deus ultionum concesserat, non Deo sed sibi, suaeque ascripsit strenuitati. Quod recenti experientia fuerat comprobatum, cum a Noricis evi • tis Superbus spoliisque omnium retentis, quae aliis promissa debebantur, ad Normannorum praelia praecipitanter et inconsulte festinavit. Unde Ducis Gulihelmi, maguanimi in negotiis bellicis peragendis, et circumspecti, fidelis in pollicitis, in pace socialis & jucundi, in conviviis dapsilis et seren • , omnibus fere, tam Anglis quam conterminis, maxim tamen Noricis acceptabatur. Recipientes eum benevole dicebant ; Benedictus qui venit in nomine Domini, Rex paci • icus, bellator victoriosus, pater & protector desolatorum. Dominus autem Papa, simulque fra • res Cardinales universi, cum tota Curia Romana, Regem Haroldum semper exosum habentes, pro eo quod sibimet diadema Regni, sine eorum convenientia, et ecclesiastica solemnitate, consensuque Pralatorum, praesumpserat, injuriam dissimularunt. Et vid • ntes, quo fine ausa praesumptio terminaretur, cum fortuna adversa sunt adversati, potentioriq, manu atque victrici, more cupidorum, vel potius arundinis exagitatae ventorum turbine, quantocius inclinaverunt. Such was the Popes & Clergies temper then.

Duke William being certainly informed, that Harold contrary to his Oath and promise to him, had without right or Title invaded the Crown, and being secretly invited by some of the English Nobles to challenge his own right thereunto by Kings Edwards designation; sent Messengers to Harold, who mildly reprehending him for his breach of Covenant, added by way of menace, that he would before the year expired exact his due from him by force of arms, in case he refused voluntarily to yield up the kingdom to him. But Harold growing secure, contemning his threats, (as never likely to be put in execution, both because the Dukes daughter, to whom he was espoused, was dead, and himself involved in wars with his Neighbor Princes) returned his Messengers to him with this answer, Harold King of England sends you this answer, That true it is, when he espoused your daughter in Normandy, being compelled by necessity, He sware that the Realm of England should belong to thee. But against this he asserts, That a forced Oath is not to be kept: For if a vow or oath which a Virgin had knowingly made concerning her body, in the house of her Father, without her parents consent, was revocable and void: much more the Oath which he, being under the Scepter of the King, had made without his knowledge, by compulsion, ought to be n • lled and made void, as he asserted. Moreover he af • irmed, Nimis praesumptuosum • uisse, quod absque generali Consensu Regni Haereditatem vobis juraverat alienandam. Addidit etiam Injustum esse petere, ut e regno discedat, quod tanto Principum favore, susceperat gubernandum. That it was overmuch presumption in him, that without the general consent of the Realm, he had sworn the inheritance thereof should be alienated to him: That King Edward being then living, he c • uld neither give away the Kingdoms succession to him, nor grant it to any other without his cons • nt; et • ine populi consensu, Senatus Decreto, et nesciente omni Anglia, de toto Regno, necessitate temporis coactus impegerit : and without the consent of the people, and decree of the SENATE, (or Parliament) he could not promise to him the whole Realm of England, without the knowledge of all England, being compelld thereto only by the necessity of the time. Adding moreover, that it was unjust to demand, that he should d • part from that kingdom, which he had undertaken to govern with so great favor of the Nobles; Eadmerus, Radulphus de Diceto, and some others, record this to be his Answer then returned to Duke William. Soror mea, quam juxta condictum expetis, mortua e • . Quod si corpus ejus quale nunc est vult Comes habere, mittam, ne judicer Sacramentum violasse quod feci. Castellum Dofris, et in eo puteum aquae, licet nesc • am cui, ut vobis convenit, explevi Regnum quod necdum fuit meum, quo Iure potui dare vel promittere? Si de filia sua quam debui in uxorem, ut asserit, ducere agit; Super Regnum Angliae mulierem extraneam, inconsultis Principi • us me nec debere, nec sine grandi injuria posse adducere noverit.

But Harold who thought his own head as fit for a Crown as any others, meant nothing less than to lay it down upon par • y; and therefore told Williams Ambassadors plainly; With which and the like Speeches he shifted off the Dukes Ambassadors, without any Princely entertainment, or courteous regard: who returned home without reply, vel veris vel veresimilibus argumentis perstricti.

Some of our Historians record; That the Dukes Messengers upon their second Embassy, admonishing him how religiously he had bound himself by Oath, and that perjured persons should be sure to find perdition from God's hands, and reproachful 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 Arms 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 Embassy ; 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 Harold's answer thereunto. Wi • lielmus au • em Comes Normanniae Legatos mittit, foedera facta dicit, pacta patefecit, promissa petit, & aliquod justum medium confici requirit. At Rex Haroldus Legatos vix auscultat, foedera fracta negat, pacta recusat, promissa excusat, & omnia • ustamedia oblata sufflat, & subsannat; Cumque haec intermedia quotidie agerentur, ac solum nunciorum cursus ac recursus tota estate sine fructu consumerarentur ; The Ambassadors returned empty, bringing only Harold's unsatisfactory and scornful Answers with them. Wherewith Duke William being much enraged, cast about how to recover that by right of arms which he could not gain by Treaty; providing Ships, Soldiers, Mariners, and all things necessary for an invasive war, making choice of the tallest, skillfullest and goodliest Soldiers 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 color upon his pretended enterprise, he sent to Pope Alexander, acquainting him with the justice of his cause, and the war he had undertaken, his Ambassadors setting them forth with all the strength of eloquence, which Harold neglected to do, 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 Ti • le of both parties, sent a consecrated Banner to William, as an Omen of his right to the kingdom, and good success taken in the enterprise. Which having received, Conventum magnum Procerum apud Lislibonam, fecit, super negotium singulorum sententias scissitatus: Duke William called a Great Council of Nobles at Lill • bon, demanding everyone of their opinions concerning this business: Cumque omnes ejus voluntatem plausibus excipientes, magnificis promissis animassent, Commeatum Navium omnibus; pro qnantitate possesionum indixit. Henry Huntindon, Hygden, Radulphus de Diceto, Speed, Daniel, and others relate, That the Lord's of Normandy in this great Parliamentary Assembly, taking Counsel amongst themselves, what was best to be done in this expedition, William Fitz-Osbert counseled,

Whereof the other Lord's being glad, put their answer into his mouth, resolving they would all consent to what he should say: Who coming 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 Lord's. Whereupon all the Nobles of Normandy being thus unexpectedly surprised 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 mil • tarry services in foreign 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; showing 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, • either should that be given, but lent upon a plentiful increase. With which words he drew them so on, that they strove who should give most, and by this means he ga • hered such a mass of money as was sufficient to defray the war. Besides, Fitz Osburne promi • ed to furnish 40 ships at his own charge, the Bishop of Bayon 40. the Bishop of Mau • 30. and so others accordingly, beyond their abilities: And divers neighbor Princes, upon promises of fair possessions in England, assisted him both with Ships and Soldiers. On the other side Harold to prevent his and the Danes invasions, who likewise laid Title to the Crown, provided ships and forces, to oppose them both by Sea and Land, and repairing to the Port of Sandwich, appointed his Navy to meet him there; which being there assembled, he failed with it to the Isle of Wight, and there watched the coming of William into England with his Army all the Summer and Autumn, placing likewise his Lan • forces of Foot in fitting places about the Sea coasts. But at last the victuals of the Navy and land Army being spent, they both returned home about the Feast of St. Mary.

Soon after Divine Providence, to make the easier and speedier way for Harold's 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 Williams 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 Wight, took booties and Mariners to serve in his Navy on the Sea coasts of Kent, whence, he hoising • ail, fell • oul on Lincolnshire, where Morcar and Edwin, Earls of Chester and Yorkshire incountring him with their forces by Land, and Harold's 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 Soldiers 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 battle in a tumultuous manner, were routed by them, many of them being slain in the field, and the rest enforced to fly into York for shelter, which the Enemies besieging, was presently surrendered up to them, and hostages delivered them after the slaughter of many Citizens, Nobles, and Clergy-men. Upon this King Harold recollecting his disbanded Army and Navy, marched with all speed towards York against the Danes, Norwegeans, and his brother Tosti, but coming to Hamford Bridge, one valiant Dane, with his Battle Axe • lew 40 of his men, and made good the Bridge against the whole Army, for a long space, till at last some going under the Bridge in a Boat, slew him with a spear. Both Armies joining battle, after a long and bloody fight, Harfager and Tosti, with may other of Note were slain, their whole Army routed, all their Ships taken, with the loss of many of the bravest English Soldiers, and 20 of their Ships only permitted to depart into Denmark with their wounded men, and O • aus Harfagers Son, who to save his life, took an Oath, never from thence forth to attempt any hostility or invasion against the English. This victory Abbot Ailred ascribes to the merits of Edward the Confessor, who promised to be the Captain and Protector of the English Nation, against those Enemies who invaded the Realm contrary to right and Law, and promised them the victory over them : But Harold, ascribing it to his own valor, instead of rewarding his Soldiers with the spoils of the vanquished enemies, as the price of their blood, out of a base unworthy avarice, converted all the spoils and booty to his own private use, giving no part of them to any other: Wherewith many of the Nobles and common Soldiers were so incensed, that detesting the covetousness of their Prince, they unanimously depar • ed from his service, and refused to march wi • h him against the Normans. This triumphant victory so puffed up Harold, that he thought himself secure in the Throne, beyond the fear or reach of any adversity, and instead of a King became a TYRANT.

Whilst Harold with all his Land and Sea forces were thus bu • ied in the North of England, Duke William in August assembled all his Land Army and Navy, consisting of 900 ships, at the Port of S. Valerie, to invade England in the South, then wholly destitute of all Guards by Land, and Navy by Sea, to resist his landing. And to satisfy his Soldiers, and all others of the justice of his undertaking, he alleged these three causes thereof, which Henry de Knyghton devides into four.

While Duke William with his ships and Army lay many days together at S. Valerie, expecting a fair gale for England, the winds being cross many of the common soldiers there lying in Tents, thus muttered one to another: That the man was mad who would by force invade and make another man's Country and Realm his own; That God did fight against them in withdrawing the winds: That his Father attempted the same thing in the same manner, and was hindered and inhibited therein. That it was fatal to his family, that aspiring to things above their power, they should find God opposite to them. These speeches bruted abroad, which might enfeeble the strength, and abate the courage even of valiant men ; The Duke thereupon taking Counsel with his Senators, caused the Corps of St. Valerie to be brought forth to procure a wind; & presently a prosperous gale filling their sails, the Duke himself first took ship, and launched forth, and all the rest after him, then casting Anchor till the Fleet came round about him, they all sailing with a gentle course landed at Hastings and Pevemsy. The Duke stepping forth of the ship upon the shore, one of his feet slipped, so that he fell down into the mud, one of his hands being filled with sand, which he interpreted as an ill omen, and sinister event. But one of his Soldiers who stood next him, lifting him up from his fall, whiles he held the mud in his hand, changed this event into a better interpretation, saying; Most happy Duke, thou already possessest England and plowest it up; Behold the land is in thy hand, Lift up thyself with good hope, thou shalt be King of England ere long.

No sooner was the Army landed, but the King strictly charged them to forbear plu • dering, and take no booties, seeing they ought to spare the things that should be his own, nor to wrong any of their persons, who should ere long become his Subjects. Richard Vestegan records out of a French Historian, that Duke William the same day he landed in England, caused divers of his chief Officers and Friends to dine with him, and chancing at dinner to talk of an Astrologer, who by the conjunction of the Planets, had assured him at St. Valerie, That Harold should never withstand him, but submit himself unto him, and yield him faith and homage ; willed now that the said Astrologer should be brought unto him, whom he had caused to be embarked for that voyage: But it was told him, that the Ship wherein the said Astrologer sailed, was cast away at Sea, an • he drowned in it. Whereunto the Duke replied; That man was not wise, who had more regard • o the good or ill fortune of another, than unto his own. I am now, thanks be to God, come over, I know not how the rest will succeed. How false this Stargazers prediction proved, the sequel will manifest.

Duke William after his arrival, rested quietly 15. days without acting anything, as if he minded nothing less than war. After which to cut off all occasion or hopes of return from his Souldie • s, he fired all his ships, or (as some write) drew them all a shore and intrenched them, as others: erecting only a Castle on the shore for a retiring place for his Soldiers, if need were. From Pevensy he marched to Hastings, where he built another Fort. Henry de Knyghton records, that the first night he lodged in England in his Pavillion, there came a voice unto him, saying: William, William, be thou a good man, because thou shalt obtain the Crown of the Realm, and shalt be King of England; and when thou shalt vanquish the enemy, cause a Church to be built in the same place in my name, so many hundred foot in length, as in number of years the seed of thy blood shall possess the Government of the Realm of England, and reign in England, an 150. years. But Matthew Westminster writes, this voice was after the battle with Harold, not before it, and the subsequent words in Knyghton, (touching his march to London, ) import as much.

Harold residing in the North after his great victory there, when he deemed all his Enemies totally broken in pieces, received certain intelligence, that Duke William was safely arrived at Pevensey with his Fleet, and an inn • merable company of valiant Horsemen, Slingers, Archers, and Footmen, whom he had hired out of all France. Whereupon he presently marched with his army in great haste towards London ; and although he well knew, that most of the valiant men in all England were slain in the two late Battels against Tosti and the Danes; that many of the Nobility and Common Soldiers had quite deserted him, refusing to march with him, in that necssity, because he permitted them not to share with him in the great booties they had won with their blood; and that half his Army w • re not come together • yet he resolved forthwith to march into Sussex against the Enemy and fight them, with those small forces tired he then had, being most of them Mercenaries and Stipendiaries, except those English Noblemen, Gentl • men and Freemen, who enflamed with the love and liberty of their Native Country, voluntarily engaged themselves with him in the defense thereof, against the common, dangerous, invading Enemy, ra • her than to support his usurped Diadem and Royalty over them: of which number there were very few. Immo vero pauci, et manu promptissimi fuere, qui charitati corporum renunciantes Pro patria animas posuerunt. Nam praeter Stipendiarios et Mercinarios milites, paucos admodum ex comprovincialibus habuit. Praecipitabant • um nimium fata, ut nec auxilia convocari vellet; nec si vellet, multos parituros invenerat. Ita omnes ei erant infensi, quod solus manubiis Borealibus incubuerat: Unde cum suis quos ductabat astutia Gulielmi • ircumventus, fusus est levi videlicet belli negotio, sed occulto et stupendo Dei consilio, quod nunquam post • Angli Communi praelio in libertatem spiraverint, quasi cum Haraldo omne robur deciderit Angliae, quae certe Potuit et debuit (etiam per inertissimos) solvere paenas perfidiae. Yet Thomas of Walsingham and some others write, that Harold had gathered together an innumerable company of Englishm • n against Duke William; and the multitudes of the Nobility, Gentry, and Commons of England slain in the Battle, besides those who fled from it, and could not come to fight; manifest his Army not to be so small, as these Authors would make it, only to augment the Englishmens valor, and eclipse the Normans, as overcoming them more by stratagem and multitude than true fortitude. Whiles Harold was in his march towards William within 9 miles of his Fort in Sussex, he sent out Scouts before him, to discover the forces and numbers of the Enemy, who being intercepted and brought to William, he caused them to be led about his tents, that they might well view his Army, and then being bounti • ully feasted, he commanded them to be sent back to their Master without any harm. Who returning to Harold, commending the Dukes magnificence, martial prowess and clemency, seriously affirmed, that all his Soldiers seemed to be Priests, because their faces and both their lips were shaven; which kind of shaving none of the English then used, but their Priests only. Upon which Harold smiling at the Scouts simplicity; replied, They were not effeminate Priests, but Soldiers of great and valorous minds, invincible in arms. Whereupon Girth, Harold's younger Brother, a man of great knowledge and valor beyond his years, taking the Speech out of his mouth, said; Seeing you commend the valor of the Normans to be so great, I hold it unadvised rashness for you to fight with them, to whom you may be reputed inferior, both in merit and valor. Neither are you able to gainsay, b • t that you took an Oath to William (to reserve the Crown to his use) voluntarily or unvoluntarily. Wherefore you shall do more advisedly to withdraw yourself out of the field in this instant nec • ssity, ne si perjurus decertans, vel fugam vel mortem incurras, lest fighting perjured, you incur either flight or death, and the whole Army perish for your sin of Perjury, seeing there is no fighting against God. Therefore expect the issue of the battle without danger: For we are altogether free from any Oath, justum suscipimus bellum pro Patria pugnaturi, and have undertaken a just war, to fight for our Country. If we fight alone without thee, thy cause shall prosper better, and thou shalt be more safe, what • ver befalls us; For if we fly, thou mayest be able to succor and restore us; and if we be slain, thou mayest revenge us. But such was Harold's unbridled rashness, that he would not give a pleasing ear to this admonition, esteeming it inglorious, and a great dishonor to his former life and valor, to turn his back to any Enemy or danger.

Whiles these discourses passed between them: in comes a Monk sent by Duke William, claiming the kingdom as his, Because King Edward had granted it to him by advice of Archbishop Stigand, and of the Earls Godwin and Siward, and had sent the Son and Nephew of Godwin hostages thereof into Normandy. But to avoid effusion of Christian blood, the Monk brought him these three proffers. Either to depart with the Realm to William, a • cording to his Oath and agreement. Or, t • hold the Kingdom from, and reign under him. Or finally to determine the controversy between them two by a single Du • l, in th • vi • w of both their Armies. But Harold out of a strange imprudence, impudence & pride of heart, as one whom the heavens would depress, accepting neither domestic counsel, nor the N • rmans of • er, would neither vouchsafe to look upon the Messenger with a good countenance, nor discourse with him in mild terms, but sending him away with indignation, prayed only thus, That God would judge between him and his Master William. To whom the Monk boldly replying; required, that if he would deny the right of William, he should either refer it to the Judgment of the Se • Apostolic, or else to battle, if he had rather; by which he asserted, that William was ready to tri • his Title. But Harold answering nothing to those his Proposals, but what he had done before, went within little of laying violent hands upon the Embassador, commanding William with violent terms and menaces to depart his kingdom. By which he whetted the minds of the Normans to fight, and gave them hopes of Victory by his Injustice. After which both Armies provided to give battle the next morning, being Harold's birth-day, 4. October 1066. his Soldiers (as men whose Heads were sure to be crowned with lawress of Victory) spent the whole night in licentious revels, riot, drunkenness, clamours, shouts; but the Normans more Christianly and seriously demeaning themselves, spent it in confessions of their sins, prayers, and Vowes to God for victorious success. No sooner did the morning appear, but the Norman Army was prepared for battle. Then Duke William making an elegant oration to them, minded them, of the extraordinary valor, the manifold victories and conquests of their ancestors and themselves, which he exhorted them now t • second, concluding his Speech with this exhortation, To avenge the injury of Harold, and the treachery of him and the English in murdering Prince Alfred, and the Noble Normans who accompanied him. Nonne pudet Regem Haroldam, contra me in praesentia vestri perjuram faciem suam vobis ostendere ausum fuisse? Mihi tamen stupor est, Quod eos qui parents vestros, cum Alfrido cognato meo proditione nefanda excapitaverunt, oculis vestris vidistis; et eorum capita adhuc humeris eorum super • int. Erigite vexilla viri, nec sit irae promeritae modus vel modestia. Ab oriente ad occidente videatur fulmen gloriae vestrae, audiatur tonitrum impetus vestri, Uindicesque generosissimi sanguinis. At which words all the Normans were so incensed against the English, that they left their Duke alone speaking to himself, befo • e he had ended his Speech; and presently charged the English with unspeakable violence, before the third part of their army could be set in battle array (as Wigorniensis, Sim. Dunelmensis, Radulphus de Diceto, Howden, Bromtom, and others write.) One Taillefer, running before the rest, slew three English Ensigns one after another, and then was slain himself, before the rest of the Soldiers encountered. The English, by reason of the narrowness of the place, were unable to bring up above one third part of their men to fight in an orderly manner; For which cause, and out of hatred to Harold, many of them deserted both the field and him, and very few continued with him with a constant heart. Yet the battle was so manfully fought by Harold, and the English remaining with him, with various success (sometimes one side prevailing, sometimes the other) that in continued from the third hour of the day, even till dark night. The English stood so thick and close together, and fought so valiantly, that the Norman assailants could no ways break their array, and were upon the point to recoyl: Which William perceiving, politically sounded a Retreat; the Normans retiring in good order, the English supposing them to fly, and themselves to be Masters of the field, thereupon began disorderly to pursue them, breaking their ranks and files; but on a sudden the Normans having their wished opportunity charged them afresh, being scattered and disordered, so as they were not able to recover their battle, and so were beaten down and slain on every side; none of them by flight seeking to escape the field, but to maintain their honor in arms, choosing rather manfully to die fighting in the cause and defense of their Country, than to fo • sak • their Kings Standard. Who performing the Office both of an expert Commander and valiant Soldier all the day, after many wounds received, and fighting very manfully was at last slain with an arrow, shot through his brain in at his left eye, and falling dead from his horse to the ground, was slain under his own Standard, (when he had reigned only 9. Moneths and S. days;) and his two Brothers, Girth and Leofwin, with most of the English Nobility & Gentry there present were slain together with him. Upon Harold's death, most of the common mercenary Soldiers fled, being without that head for whom they fought, and were pursued and slain by the Normans till night, Sed generosi malentes mori quam probrose fugere, videntes exhaeredationem suam imminere et jugum intolerabile, donec nox certamen divideret, in certamine immota pectora praebentes presti • erunt, pulchram mortem pro patria ultione meruere. Some of our Historians write, that there were slain of the English in this battle no less than sixty thousand nine hundred twenty four men ; which could not be, if Harold's Army were so small, as some report it; the Normans losing not above six thousand in the fight. Eadmerus, Roger de Howden, Simeon Dunelmensis, Radulphus de Dic • to, Brompton, and others, ascribe this Victory only to a divine Miracle, and God's Justice upon Harold for his detestable perjury, from the Testimony of the French who were present in it. De ho • praelio testantur adhuc Franci qui interfuerunt, quoniam licet varius casus hinc inde extiterit, tamen tanta strages et fuga Normannorum fuit, ut victoria, quâ potiti sunt, vero et abs{que} dubio soli miraculo Dei ascribenda sit, qui puniendo, per hanc iniquum perjurii scelus Haroldi, ostendit, se non dominum esse volentem iniquitatem. Which Abbot Ailred thus seconds. Gulielmus Dei judicio (to which Harold appealed) ipsum Haroldum Regno simul et vita privavit, for invading the Crown against right and his Oath, belonging to William, jure consanguinitatis & antiquae inter ipsum et Edwardum conventionis. The most of our Historians do the like. Thomas of Walsingham, imputes the great slaughter of the English in this battle by the Normans, as a just Judgment of God upon them for their treacherous murder of Prince Alfred and the Normans that came with him. Referuntur illo conflictu pugnae multa millia Anglorum corruisse, Christo illis vicem reddente ob Aluredi fratris Edwardi R • gis necem, ab eis unjust perpetratus: With whom Mr. John Fox concurs in his forecited passage; and Duke Williams Speech to his Soldiers before the battle implies as much, he making it the chief ground of his invading England.

This battle, writes Abbot Ailred, Anglicae Libertati finem dedit, initium Servituti: to which Malmesbury subjoins. Illa dies fuit fatalis Anglis, funestum excidium dulcis patriae, pro novorum dominorum commutatione. Hanc autem regni subversionem, & sanguinis redundantis effusionem, cometa ingens & sanguinea atque crinita, in exordio ill • us anni apparens, minace fulgore prae • ignavit, unde quidam :

Quod Regni mutationem magnam, populi Stragem, & multam terr • e miseriam portendit. Ut enim Philosophi dicunt, quo dirigit crinem, illi • diriget et discrimen ; as Abbot Ingulphus, Mat. Westminster, Matthew Paris, Huntindon, Howden, Wigornienfis, Simeon Dunelmensis, Hygden, Knyghton and others observe.

In this Battle Duke William had three Horses slain under him, and often acknowledged, that God's divine hand did more protect him, than man's, seeing his Enemy, amidst so many showers of darts and arrows which they shot against him, could not draw so much as one drop of hi • blood, though they frequently hit him with them.

Morcar and Edwin Earls of Yorkshire and Cheshire, Harold's Brother-in-laws, withdrawing themselves and their forces from their battle, (either for want of room to fight, as was pretended, or rather for former discontents) retreated to London : where consulting with Alfred Archbishop of York, and other Peers, and with the Citizens and Mariners of London, they all resolved to crown and set up Edgar Atheling the true heir, for their King: promising, to march under him with all their forces against Duke William, and to try another field: for which end they posted abroad Messengers to levy new forces, and raise up the hearts of the dejected English from a despairing fear. But before Edgars Coronation, whiles many were preparing themselves for a new battle, Morcar and Edwyn (whom this fearful estate of their native Conntry would not dissuade or restrain from disloyalty and ambition, to gain the Crown to themselves, (as some record) secretly hindered that noble and prudent design, by withdrawing themselves from Edgar, and marched home with all their forces and their Sister Algitha, or Agatha, ( Harold's wife) into Northumberland ; conjecturing out of their simplicity, that Duke William would never come so far. Upon their departure, though the rest of the Nobles would still have elected and crowned Edgar King, if the Bishops would have assented thereunto ; yet the Prelates, struck with the fear of the Popes thunderbolt from abroad, and with the consideration of the divisions, distractions of the Nobility and people, and the imminent danger at home, would no ways concur with the Nobles, Londoners, Sea-Captains and others, to crown Edgar, but resolved to go forth and submit themselves to the victorious Duke, and elect and crown him for their Sovereign. The Nobility discerning this wavering inconstancy of the Bishops; and considering, that they were nobly born, and must have a King; that not to • ache him (who was of power to make himself King) would show more of passion than discretion, distrusting each others faith, began to strive and run headlong, who should be the first to preoccupate the Grace of Servitude, and intrude them into foreign subjection. The Commons (like a strong Vessel, that might have been for good use) were hereby left without a stern, and could not move irregularly without apparent shipwreck. So that all estates in general, either transported with sordid fear, or corrupted with new hopes, forsook Edgar, themselves, and their distressed Country, resolving all to become Williams sworn Vassals, without any further contest. Ita Angli qui in unam coeuntes sententiam potuissent Patriae reformare ruinam, dum nullum • x suis volebant, indux • runt ali • num.

During this their Consultation at London, Duke William after his victory marched with his army through Oxfordshire, Buckinghamshire and Hartfordshire, towards London, so far as Berkhamsted, without the least opposition; wasting the Country, burning the Villages, and slaying the people (as Howden, Cambden, and others write) notwithstanding his former inhibition of plunder, to force them more readily to submit unto him. Hereupon Aldred Archbishop of York, Wulstane Bishop of Worcester, Walter Bishop of Hereford, yea Prince Edgar himself, all the English Nobility, the chiefest of the Londoners, and many others repaired to the victorious Duke at B • rkhamsteed ; where giving him hostages for their fidelity, they resigned themselve • up unto him as his subjects, and swore allegiance to him : with whom he reciprocally made a Covenant of Peace; & nihilominus exercitui suo villas cremare, & rapinas ag • re permi • it, adds Howden. When the feast of Christ's Nativity approached, Duke William resolved to march to London, with all his Army, and there to be crowned King; but being on his way, he found all the pass • ges blocked up with many great trees, which Frederick Abbot of St. Albans (descended from the Saxons noble blood) had caused to be cut down and cast in the ways, to secure his Monastery from the destruction of the Normans ; whereat the Duke both wondering and fretting, sent for the Abbot, under assurance of his safe return; and demanding the cause, Why his woods were thus felled, and the ways blocked up? he returned him this stout answer: I have done (saith he) both the duty of my birth and profession; and if others of my rank had performed the like, (as they w • ll might and ought to do) it had not been in thy power to have pierced the land thus far. William hearing his bold answer, and knowing it was now a fitter time to pacify, than exulcerate the English Spirits, gave way to the present necessity, and marched to London with his Army; where he was joyfully received, by the Prelates, Nobles, and Generality of the People, and by them all elected and crowned King on the day of Christ's Nativity, Anno 1066. In magna exultatione a Clero et Populo susceptus, et ab omnibus Rex acclamatus. Thomas of Walsingham records, that Williams Vantguard marching into London before him, found many Rebels against him in the streets of the City, with whom they encountering forthwith, brought no small grief and lamentation to the City, by reason of the many funerals of the Citizens and their Sons whom they slew. • t last, the Citizens perceiving they could no longer resist them, put in hostages, subjecting themselves with all theirs to their Conqueror and Hereditary Lord. After which (writes he) the Duke on Christmas day was elected King by all the Nobles, as well of the Normans as English, and anointed with sacred oil, and crowned with the royal Crown by the Bishops of the Realm at Westminster; He receiving the Crown from the hands of Aldred Archbishop of York, refusing to be crowned by Stigand Archbishop of Canterbury, by reason of the many evils and horrible crimes reported of him, and because he had unlawfully invaded that See, during the life of Robert, for which he was suspended by the Pope : ne maledictionem videretur induere pro benedictione, as most of our Historians accord: though the Chronicle of Brompton, and Mat. Parker assert, that Stigand peremptorily re • used to crown him, being a man of blood, and an invader of another's right. Cumque Wilhelmus Dux Normanniae, Conqu • stor Angliae Tyranni nomen exhor resceret, et nomen Legitimi Principis induere vellet, à Stigando Cantuariensi Archiepiscopo in regno petiit consecrari. Ille vero, ut quidam dicunt, cruenti viro, et alieni Iuris invasori, manus imponere formidans nullatenus adquievit. Unde licet ipse Wilhelmus eundem Stigandum ut noverat multis modis blande honoravit, ip • um tamen nunquam cordialiter amavit.

Thomas Sprot, William Thorn, and out of them Matthew Parker, Mr. Lambard, Mr. Cambden, Godwin, Stow, and Speed record this Story, which none of our other ancient Historians mention, That after Duke William had slain Harold, and the City of London with the generality of England had submitted to his power, being struck with the • ear and terror of Harold's death, and the Englishmens great slaughter) except Kent alone; William marched with his forces towards Dover Castle, (the lock and key of the Realm) the better to command the Seas, and awe the Kentishmen, to subject it, and the other parts of the County to his power. Archbishop Stigand then lyiug close in that County, either to renew the war, or to obtain more honorable and just conditions of subjection for his Kentishmen than any others, effected for his Kentish people that which none in his Country did besides. For persuading all his Kentish men to keep at home, and not stir out of their confines, when he heard of Williams approach, advising with Eglesine Abbot of St. Augustinet (they two being the chiefest Lord's and Governors of Kent ) and the principal men of Kent; they considered, that the whole Realm was in a very sad and ill condition; for whereas before the coming of the said William, none of the English was a Servant, that now all indiffe • ently, as well Noble as Ignoble, were subjected to the perpetual Servitude of the Normans. And out of the dangers of their neighbors, assuming matter for their own and their Counties preservation, they assembled all the Commons of Kent to Canterbury ; where they represented to them, the imminent dangers of the Country, the misery of their neighbors, the insolency of the Normans, and the calamity of a servile condition; all which now were too apparently seen. The English till then were free-born, and the name of bondage never heard among them, and they amongst the rest; but now nothing but servitude attended them, in case they unworthily yielded (as others had done) to the insolency of this griping Enemy. Whereupon by common advice, all the people decreed and declared to me • Duke William, et cum eo pro Patr • is Legibus certare ; and to fight with him for the Laws of their Country; choosing rather to end an unhappy life by fighting for them in the field, than to undergo the unaccustomed yoke of bondage, or to be reduced from their accustomed liberty to an unknown and unsure Slavery. The Archbishop and Abbot choosing rather to die in battle, than to behold the miseries of their Nation, after the example of the holy Maccabees, became the Captains of the Kentish Army, resolving to die in defense of their Country and Laws, whereupon they all resolved to meet together at Swanscomb, (two miles from Gravesend ) at a set time. Where assembling accordingly, they secretly kept together in the woods, watching the Dukes approach, all jointly agreeing to block up his passage on all sides, and to surround the Duke and his Army on a sudden, that they might not escape them, everyone of the Horse and Footmen carrying a green bough in his hand, that they might not be discovered, and wherewith, if need were, they might impeach and hedge up the Normans passage. The Duke marching the next day through the fields near Swanscomb, the whole multitude of the Kentishmen, like a moveable wood, surrounded him, approaching nearer and nearer to him with a lo • t pace. Which stratagem so daunted the Duke, even with the very sight of their approach, (who being, as he though • , free from all Enemies, was now suddenly beset on all sides with these moving woods) that he knew not but all the other vast woods he saw, might be of the like nature; neither had he time to avoid the danger. The Kentishmen having thus enclosed him round about, casting down their boughs, bended their bows, drew out their swords, shaked their pikes, held forth their other arms, displayed their banners, and sounded their trumpets in token of battle. The Duke and his Army being herewith astonished, (though so puffed up with their former late victory, that they had even now, to their seeming, the whole Realm of England in their hand) were so extraordinarily terrified herewith, that they stood in danger not only of the loss of the Victory and Army, but he even of his own life. Whereupon he desired a parley with the Kentish before the battle was joined. Upon this Stigand and Egelsine, their Generals, were sent Ambassadors to the Duke, on the behalf of the rest, who spake thus to him in their Kentishmens names.

Most Noble Duke, behold the people of Kent, are come forth to meet thee as thy friends, and are ready to receive and obey thee as their Liege Lord, if • hou shalt grant their most just requ • st • , demanding only such things as make for peace, and such as only tend to retain the Liberty received from their Ancestors, and preserve the Laws and Customs of their Country. Neither will they be reduced under Bondage never yet felt by them, nor tolerate any new Laws; For they can bear Royal Authority, but not Lordly Tyranny. Wherefore receive the Kentishmen, not as thy Servants, but as thy loyal, loving and affectionate Subjects. Yet upon this condition, That all the People of Kent may forever enjoy their ancient Liberty, without diminution, and use the Laws and Liberties of their Country, But if thou endeavourest to take away their Liberty, and the Immunity of their Laws, thou shalt likewise take away their Lives together with them: they being all ready at present to give thee and thine battle, and to try the uncertain chance of Warr; Being fully resolved rather to die in the field, than in any sort to depart with their Countries Laws and Customs, or to live under strange Laws or servile Bondage; the name and nature whereof is and ever shall be strange unto us. For although the rest of the English can submit themselves to Slavery, yet Liberty is the proper badge of Kentish men.

The Duke aston • shed with this Orat • on and his new troubles, with a perplexed troubled mind, advised hereupon with his Counselors; and wisely considering, that the event of the battle would be very doubtful, that if he should depart without accomplishing his design, or if he should suffer any repulse or inconvenience from this warlike people, that it would not only redound to his great infamy, but that it would endanger the loss of his new-acquired kingdom; undo what ever he had hitherto effected, and turn all his hopes and security into danger, if he should not join Kent, the key of the whole Realm to the rest of the Kingdom, and retain it more by friendship and compact, (thus offered to him) than by force. And considering likewise that their demands were not unreasonable; he thereupon, not so willingly as wisely, rather out of necessity, than voluntarily, granted to the Kentish men, that they should live freely according to their ancient Laws and Customs. Whereupon there being a League made between William and the Kentishmen, and Hostages given on both sides for performance of it, they thereupon laid down their arms, and the joyful Ken • ish men conducted the joyous Normans to Rochester, where they resigned up to Duke William both the County of Kent, and noble Castle of Dover. And thus the ancient Liberty, Laws, Usage, and Custom of the English (called Gavelkind in the municipal English Laws) which was frequently and equally used throughout the whole Realm of England, before the coming of Duke William, afterward taken from others, continued more inviolable even till these our days in Kent alone, by the industry, courage, intercession and earnest vehemency of Stigand and Egelsine. Which thing is sufficiently proved out of ancient Writings concerning the customs of Kent, wherein it is thus recorded, Dicit Comitatus, quod in Comitatu isto de jure deb • t de ejusmodi gravamine esse liber; quia dicit, quod • om • tat • s iste, ut residuum Angliae nunquam fuit Conquestus, sed per pacem factam se reddidit Conquestioris dominationi Salvis sibi omnibus Libertatibus suis, et liberis consu • tudibus primo habitis et usitatis. And from this valor and prowess of the Kentishmen in standing thus manfully for the Laws, Cnstoms and Liberties of their Country both against Duke William, and the Danes before him, when as the other English basely submitted their necks to their Vassalage, they first obtained, and for many years after claimed, enjoyed this special privilege, That in all Armies and Ba • taliaes of the English, they had the honor of the Van, and foreward, and were worthily placed in the front, in all conflicts with the Enemy; they above all other Englishmen, retaining still the badges of their antieut worthiness and Liberty.

Duke William having thus rather reconciled, than subdued Kent to himself (of which he was most careful, because therein were the most commodious Ports for any so pass into or out of the Realm) hasted to London to his Coronation; (which Matthew Parker, Godwin, and others, make subsequent to his Agreement with the Kentish men, though Speed erroneously makes it precedent) where he conceived so profound a displeasure against Archbishop Stigand, for his forecited Speech and Stratagem to preserve the Liberties, Laws and Customs of his Kentishmen, that he would not suffer him to Crown him, according to the duty of his place, though he alleged other reasons for it, and never ceased his rancor towards him, till he had revenged it; first by carrying him over with him into Normandy soon after in the nature of a prisoner at large, under a pretext of honor: Next, by depriving him of his Archbishopric, upon his return from thence; And finally, by shutting him up presently after a Prisoner in Winchester Castle, where he had scarce enough allowed him to keep life and soul together, and soon after there died of grief or famine.

When Duke William was crowned at Westminster by Archbishop Aldred, before he set the Crown upon his head, he caused him before the altar of St. Peter in Westminster, to promise upon Oath in the presence of the Clergy, Nobles and people, Se velle Sanctas Dei Ecclesias, ac Rectores earum defendere; necnon & cunctum populum sibi subjectum Iuste & regali Providentiae regere; Rectam Legem statuere et tenere: Rapinas injustaque judicia penitus interdicere: as Florentius Wigorniensis, Simeon Dunelmensis, Roger de Howden, and Radulphus de Diceto, record his Oath: Which the Chronicle of Brompton, col. 962. thus expresseth. Ipsum Regem Willielmum ad Iura Ecclesiae Anglicanae iuendae et confirmanda, populumque suum recte regendum et leges rectas statuendum Sacramento solemniter astrixit. Which John Speed thus renders in English, At his Coronation he took a corporal Oath, before the High Altar, according to the accustomed form. To defend the holy Church of God and the Rectors of the same. To govern the universal people subject to him justly; to establish equal Laws, and to see them duly executed as became a good King. After which Oath taken, the Bishops and Barons of the Realm there publicly made him homage, and took an Oath to him, to be his true and loyal Subjects. Thus (writes Matthew Westminster, ) the Kingdom of the English was translated to the Dominion of the Normans by the most orderly disposition of God, who disposeth and dissipateth Kingdoms, and disappointing the Councils of Princes, gives them to whom he will, and so long as he pleaseth, neither is there any that can say, why d • st thou thus?

What the chief Sins of the Englishmen then were, which brought them under the Norman yoke, I hav • mentioned in part; take this addition to them, out of the Chronicle of Brompton, col. 961, 962. Cur autem tanto furore Dei Iustil • a in Anglos exarsit, causa, ut creditor haec est. In primitiva Angliae Ecclesia Religio clarissime splenduit, &c. Processu vero temporis adeo omnis virtus in eis emarcuit, ut gentem nullam in proditione et nequitia sibi parem esse permitterent. Immisit ergo Dominus omnipotence, velu • examina apum, Gentes crudelissimas, quae ab initio Ethelwolfi Regis, usque adventum Normannorum per CCXXX. annos Terram jugiter, protriverunt, et potissimum Normanni, quando omnes fere Angli (ut inferius aliqualiter parebit) in servitutem sunt redacti, et approbrium erat Anglicus appellari: To whom I shall subjoin this passage of William of Malmesbury more fully setting out the Sins and Vices of the generality of the English in that age, which brought God's judgments on them, and enslaved them to the Normans by one single battle. Illa fuit dies fatalis Anglis funestum, excidium dulcis patriae, pro novorum dominorum commutatione. I am enim pridem moribus Ang • orum insueverat, qui varii admodum pro temporibus fuere. Nam primis adven • us sui annis vultu & gestu barbarico, usu bellico, ritu fanatico vivebant: Sed postmodum Christi fide suscepta, paulatim & per incrementa temporis, pro ocio quod actitabant exercitium armorum in secundis ponentes, omnem in religione operam insumpsere. Taceo de pauperibus quos fortunae tenuitas plerumque continet, ne cancellos justi • iae transgrediantur: pr • termitto graduum Ecclesiasticorum viros, quos nonnunquam professionis contuitus, sed & infamiae metus à vero deviare non sinit. De Regibus dic • , qui pro amplitudine suae potestatis licenter indulgere voluntatibus possent: quorum quidam in patria, quidam Roma, mutato habitu coeleste luc rati sunt regnum, beatum nacti commercium. Multispecie texus tota vita mundum amplexi, ut thesauros egenis effunderent, Monasteriis dividerent. Quid dicam de tot Episcopis, Hermitis, Abbatibus: nonne tota Insula indigenarum tantis reliquiis fulgurat, ut vix aliquem vicum insignem praetereas, ubi novi Sancti nomen non audias? quam multorum etiam periit memeria, proscriptorum inopia. Veruntamen literarum et religions studia aetate procedente absoleverunt, non paucis ante adventum Normannorum annis. Clerici literatura tumultuaria contenti, vix Sacramentorum verba balbuti • bant: stupori et miraculo er • t caeteris, qui grammaticam noscet. Monachi subtilibus indumentis et indifferenti genere ciborum regulam ludificabant. Optima • es gulae & venerii dediti Ecclesiam more christiano • an • non adibant, sed in cubiculo, et inter uxorios amplex • s, matutinorum solemnia et Missarum a festinante presbytero auribus tantum libabant. Vulgus in medio expositum, praeda erat potentioribus, ut vel • orum substantiis exhaustis, vel etiam corporibus i • longinqua • terras distractis acervos thesaurorum congererent, quamvis magis ingenitum sit illi genti commessationibus, quam operibus inhiare. Illud erat a natura abhorrence, quod multi ancillas suas ex se gravidas, ubi libidini satisfecissent, aut ad publicum prostibulum, aut ad • t • rnum obsequium vendicabant. Potabatur in commune ab omnibus, in hoc studio noctes perinde ut dies perpetuantibus, parvis & abjectis domibus totos sumptus absumebant: Francis & Normannis absimiles, qui amplis & superbis aedificiis modicas expensas agunt. Sequebantur vitia ebrietatis so • ia, quae virorum animos effaeminant. Hi • c factum est, ut magis temeritate et furore praecipiti, quam scientia militari Willielmo congressi, uno praelio, & ipso perfacili, s • rvituti se patriam{que} pessundederint. Ad summam, tunc erant Angli vestibus ad medium genu expediti, crines tonsi, barbas rasi, armillis aureis brachia on • rati, picturatis stigmatibus, cutem insigniti: in cibis urgentes crapulum, in potibus irritantes vomic • . Et haec quidē extrema victoribus suis participarunt, de caeter is in • orum mores transeuntes. Sed haec mala de omnibus generaliter Anglis dicta intelligi nolim. Scio clericos multos tunc temporis simplici via semitam sanctitatis trivisse; Scio multos Laicos omnis generis & conditionis in hae eadem gente Deo placuisse: facessat ab hac relatione invidia, non cunctos pariter h • c involvat calumnia. Verum sicut in tranquillitate malos cum bo • is fovet plaerumque Dei sereni • as, ita in captivitate bon • s cum malis no • nunquam ejusdem constringit sev • ritas.

I have insisted more largely upon the Historical part of Harold's usurpation, perjury, short and troublesome reign, tragical death, Duke W • lliams claims to, and manner of acquiring the Crown of England, for this reason especially; To refute the common received Error of some ignorant Historians, of many illiterate Statists and Swordmen of this age, and of fundry temporizing Ignoramusses of my own robe; who publicly aver in their Pamphlets, Speeches, Charges, and Discourses ; that Duke William claimed and obtained the Crown of England only as a Conqueror; and thereupon altered the ancient Laws, Customs of the Realm, and gave New Laws unto it by his own absolute power, as a Conqueror thereof. Upon which false Ground they infer; That those in late and present Power, coming in by the same Title of Conquest, may lawfully give new Laws to, & impose what Taxes, Government they please upon the English (as well as Scottish and Irish ) as a mere conquered Nation, by their own inherent authority ; seeing by the Laws of Warr, regularly all Rights and Laws of the place and Nation conquered be wholly subject to the Conquerors will. And hereby they justify all their late Impositions, Taxes, Excises, Sequestration, Seisures, Sales of all the public revenues of the Nation, and many thousand private men's Estates, by their Westminster, and White-Hall Ordinances, Edicts, with the changes of our Government, new-modellings of our Parliaments; and all other irregular proceedings, destructive to our Fundamental Rights, Laws, Liberties, Government, (which they formerly covenanted inviolably to maintain) without grant or consent, by any free, full, lawful English Parliaments. Now to demolish all these their superstructures, by subverting their • alse Foundation of D. Williams pretended Title to the Crown of England only by Conquest; It is most apparent by the premised Historical Authorities.

• 1. That King William always claimed the Crown of England, both before at, and after his Coronation, as of right belonging to him, by the promise, gift, contract, gift and bequest of Edward the Confessor, and as his heir and next kinsman by the Mothers side.
• 2. That he alleged, this gift and grant of the Crown to him, to be made with the consent of the Archbishops of Canterbury, Earls Godwin, Syward, and other Nobles of the Realm; ratified by special Messengers sent unto, and Hostages delivered him for its performance, and by Har • lds own solemn agreement and Oath, sent to him by King Edward for that purpose, as himself at least suggested to him: which designation and grant of King Edward to William, was no fiction; but a truth confessed by all our Historians, and Harold himself, who by his answers never denied, but only endeavored to evade it, and voluntarily acknowledged by all the Nobles of England, both at his Coronation, and in Parliament itself in the 4. year of his reign.
• 3. That after King Edwards decease, divers of the Nobles would have elected William King, in pursuance hereof, but that Harold perjuriously usurped the Crown by mere force and power, without the least right unto it, or any election by the Lord's or people; setting the Crown on his own head the very day King Edward was interred, and thereby prevented Williams election to it.
• 4. That hereupon divers of the Nobles, Prelates, and other English, sent private Messengers to William into Normandy to come and demand his right to the Crown, as due unto him; promising hostages and their assistance to recover it.
• 5. That thereupon he sent Ambassadors twice or thrice to Harold, one after another, before his landing, insisting on his mere right and Title to the Crown, to gain it by parly without effusion of blood.
• 6. That upon Harold's obstinacy, he appealed to the Pope, and to all his Nobles assembled in a Parliamentary Council, for the justice of his Title and Right to the Crown, who declared his Title Lawfull and Just; and thereupon encouraged, assisted him all they could to regain it by force of arms from the Usurper Harold, who would not otherwise depart from it.
• 7. That immediately after his landing he made claim unto it only by the foresaid Right, Title, and thereupon prohibited his Soldiers to plunder the Country or hurt any of the Inhabitants, as being his by right.
• 8. That very few of the English Nobility or Nation, would march or engage with Harold, against William, and sundry withdrew themselves from the battle, as conscious of Harold's usurpation, perjury, and Williams just cause against him, (however other causes were then pretended) and amongst the rest, his own Brother-in-laws, the greatest Peers of the Realm, Earl Morcar and Edwin, deserted him in the fight.
• 9. That after the first battle won and Harold slain, all the Prelates and Clergy generally (except Abbot Frederick ) appeared for him, and would not consent to set up Edgar, though right heir.
• 10. That after good deliberation, all the Nobles, Prelates, Lo • doners, and others who first appeared for Edgar, with the greatest p • rt of the Clergy, people of the English Nation, without the least fight or resistance, or before any siege or summons from him, together with Prince Edgar himself, voluntarily went out, and submitted themselves, sware faith and allegiance to him as their Sovereign, at Berkhamsted, and after that joyfully received him with highest acclamations as their lawful King, at his entry into London.
• 11. That all the Prelates, Clergy and Nobility soon after, without any coercion, upon his foresaid right and Title, freely elected, and solemnly crowned him as their lawful King, in a due and accustomed manner and then did Homage, and swore new Allegiance afresh unto him, as their rightful Sovereign.
• 12. That he took the Ordinary Coronation Oath of all lawful Kings; to ma ••• tan and defend the rights, persons of all his people, to govern them justly, &c. as became a good King; which a King claiming by mere conquest, would never do.

All these particulars are undeniable Evidences, that Duke William never made the least pretence, claim, or title to the Crown and Realm of England, only as an absolute Conqueror of the Nation, but merely by Title, as their true and lawful King, by designation, adoption, and cognation, seconded with the Nobles, Prelates, Clergy, and people's unanimous election: And although it be true, that this Duke ejected Harold and got actual poss • ssion of the Throne and Kingdom from him by the sword, as did Aurelius Ambrosius and others before, and King Henry the 4. Edward the 4. Henry the 7. with others since his reign; yet that neither did, nor could make him, a King by conquest only, no more than these other Princes, seeing the end of this war was not against the whole English Nation, the greatest part whereof secretly abbetted his interest; but only against the unjust Usurper and Intruder King Harold, and his adher • nts; not to create a Title to the Realm, by his and their Conquest, but to remove a U • surper, who invaded it without and against all right, and to gain the actual possession thereof by arms • from which he was unjustly withheld by force, against those pretended lawful Titles which he made. So that he got not the Right, Title, but only the actual possession of the Crown by his Sword, not as a universal Conqueror of the Realm without right or Title, but as if he had been immediate heir, and lawful Successor to the Confessor, who designed him to succeed him. For • uller confirmation whereof, I shall here subjoin these ensuing proofs.

1. King William himself at his very Coronation in London (as Mr Cambden informs us) said; That the kingdom was by God's providence appointed, and by virtue of a gift from his Lord and Cosen King Edward the glorious, granted unto him; and that this most bounteous King Edward had by adoption ordained him his h • ir in the kingdom of England.

2ly, In his Charter to the Church of Westminst • r, he resolves as much in direct terms, where he recites, In ore gladii Regnum adeptus sum Anglorum, devict • Haroldo rege Cum suis complicibus, qui mihi Regnum cum providentia Dei destinatum, & b • neficio concessionis Domini & Cognati mei, gloriosi Edwardi CONCESSUM, conati sunt auferre, &c. So that his Title was from Edward, though his possession by the sword.

3ly. In the very Title of his Laws, (published in the 4th year of his reign, (which he was so far from altering, that he both by Oath and Act of Parliament, ratified, confirmed all the Laws and Customs of the Realm used in the Confessors time and before, presented by a Grand Enquest unto him out of every County of England upon Oath, without any alteration, praevarication, or diminution ) he stiles himself, (or is styled by the Collector of these Laws) HEIR AND COSEN TO Edward the Confessor, even in the ancient Manuscript which Sir Henry Spelman hath published Incipiunt Leges S. Edwardi Regis, quas in Anglia tenuit; & quas WILLIELMUS HAERES & cognatus suus POSTEA CONFIRMAVIT. To which I shall likewise subjoin the words of the Charter of his Sonn King Henry the 1. Anno 1108. translating the Abbey of Eli into a Bishopric, wherein he gives his Father William the self-same Title. Ego Henricus providente divina clementia Rex Anglorum & Normannorum Dux, Willielmi magni Regis filius • QUI EDWARDO REGI HAEREDITARIO JURE SUCCESCIT I • REGNUM: renouncing all Title by conquest, and claiming only as Heir to King Edward by Hereditary right.

4ly. Earl William himself in none of his Charters, Writs, Speeches, Writings, ever styled himself a Conqueror of England, nor laid claim to the Crown and Realm of England by Conquest, after his inauguration; which Title of Conqueror was afterwards (out of the flattery or ignorance of the times) given unto him by others. Therefore the words which the History of St. Stephens in Caen in Normandy, reports he used at his last breath: The Regal Diadem which none of my Predecessors ever wore, I got and gained by the Grace of God only. I ordain no man heir of the Kingdom of England, (which all our Historians unanimously contradict, affirming, that he ordained William Rufus his second son particularly to succeed him in it, at his death, upon which Title only he enjoyed it) but I commend the same to the eternal Creator, whose I am, in whose hands are all things. For I became not possessor of so great honor by any hereditary right, but by an humble conflict, and with much effusion of blood I took it from the perjured King Harold, and after I had either slain or put to flight his favorites and Servants, I subdued the kingdom to myself, must either be reputed false and fabulous, as most esteem them; or else have this construction, that he gained the actual possession of it against Harold, and his adherents only by the Sword, and that he had not an hereditary right thereto, as next heir by descent to the Crown, but only by ado • tion from, and as heir by donation to King Edward ; as next of kin by the Mothers side; which he made his only Title.

5ly. Those ancient English Historians, who first gave him the name of Conqueror, did it not in a strict proper sense, as if he were a mere universal Conqueror of the Nation, disposing of all men's Estates, persons, and the Laws of the Realm at his pleasure, for that he never did: but only as one who gained the actual possession thereof from a perjured Usurper and his forces by strength of arms, conquering them by open battle in the field; but still claiming it by gift, con • ract, and designation from King Edward, as his Kinsman; as an heir who forcibly outs a dis • eisor and intruder, comes in by Ti • le and Inheritance only, though he gains the possession by force. This is evident by the forecited words of Matthew Paris, and this passage of Henry de Knyghton (not extant in Hygden, out of whom he seems to transcribe it.) Et sic quia Normannus Iure haereditatis tenuit Normanniae Ducatum, ideo Dux, Regnum vero Angliae mero Conquestu • (in respect of actual possession) et clameo subscripto, (in respect of Title, & by claim by gift from King Edward ) Ideo Rex : which claim and Title being backed by the unanimous election of the Prelates, Clergy, Nobility • People, and right heir to the Crown himself, (who all submitted and sware homage, fealty, and allegiance to him as their lawful King • infallibly demonstrate him to be no Conqueror in respect of Title, in a strict, legal military sense, even in the judgment of those ancient and modern Historians, who give him that Title, but only in regard of Harold and his party, and the actual possession which he got by conquest. And in this sense alone is that Distich in the Chronicle of Brompton to be understood.

6ly. Our Great Antiquary Richard Vestegan in his Restitutions of d • cayed A • tiquities, learned Mr. John Selden in his Review of the Hist. of Tithes p. 482, 483. Sir John Hayward in the li • e of King Willi • m the first Mr. Nathaniel Bacon, in his first part of his Historical Discours • , of the uniformity of the Governme • t of England, chap. 44, 45, 46, 55, 56. (to omit others) most fully prove and assert; That the entry of William the first into the royal Government of England, neither was nor properly could be by Conquest, but by Title, and by the free election of the Nobles, Clergy, and People. That although the several Titles he Pretended were perhaps, if curiously examined, not sufficient to give him a true, legal Title and Right to the Crown of England, à parte ante, because not agreed unto and confirmed by the general consent of the Nobles, Kingdom, and Nation in a Parliamentary Great Council; but only by the King, and some particular Prelates and Nobles out of Parliament (as Harold in his answers alleged) yet being ratified, ex parte post, both by the subs • quent consent, agreement, submission, election, Oath, homage, and fealty of all the people, Nobles, Clergy, by their legal free crowning of him a • first, by Edgar Atheling his own submission, fealty, and resignation of his royal right and Title thereby un • o him, and ratified by succeeding Parliamentary Councils, it became an in • uhitable Right and Title, both in Law and Justice, to him and his Posterity, against all others, who could lay no legaller Title thereunto: he continuing, confirming all the ancient fundamental Laws, Liberties, Customs, and Government of the English Nation, without any alteration, both by Oaths and Edicts. I shall therefore conclude this point with the words of Shard (a learned Lawyer in King Edward the third his reign;) who when the Kings Counsel in a Quo Warranto against the Abbot of Peterborough, would have made a Charter of king Edgar void, because they alleged • all Franchises were devolved to the Crown by the Conquest; replied there • o, The Conqueror came not at all to • ut any who had lawful possession out of their rights; but to dispossess those who by their wrong had seised upon any land in dis-inherison of the King and his Crown, And with the words of our judicious Hi •• orian Sa. Daniel concerning this king William. Neither did he • ver claim any power by conquest, but as a regular Prince submitted himself to the orders of the Kingdom: desiring to have his Testamentary Title, (howsoever weak) to make good his succession rather than his sword. And though the style of Conqueror, by the flattery of the time was after given him, he shown by all the course of his Government he assumed it not: introducing none of those Alterations (which followed) by violence, but by a mild gathering upon the disposition of the State, and the occasions offered; and that by way of reformation.

And although Sir Hen. Wotton gives this verdict of them. We do commonly and justly style him the Conqueror: For he made a general conquest of t • e •• ole Kingdom and People, either by Composition or Arms, &c. Yet he adds, He was Crowned on Christmas day, 1066. at which time he would fain have compounded a Civil Title of, I know not what Alliance or Adoption, or rather Donation from Edward the Confessor. As if hereditary kingdoms did pass like Newyears gifts. The truth is, he was the heir of his Sword. Yet from these pretences howsoever, there sprang this good, That he was thereby in a sorting aged to cast his Government into a middle or mixed nature, as it were, between a lawful successor, and an Invader: though generally (as all new Empires do savor much of their beginning) it had more of the Violent than of the Legal.

If any domineering Soldiers, or others, upon this false surmise, of Duke Williams right to the Crown and Realm of England by mere conquest • shall henceforth presume to claim and exercise a mere arbitrary, absolute, tyrannical and despotical power over our English Nation, Laws, Liberties, Parliaments, Estates, Persons, as over a mere conquered Nation, against all Commissions, Trusts, Oaths, Engagements, Declarations, and the rules both of Law and War itself, being rai • ed, waged, commissioned only to defend and preserve us from conquest by the opposite party, Let them know, that they are far greater, worser Enemies to their own Native Country, than this Norman Duke, or any of our former British, Saxon, Danish, Norman or English Kings; who never claimed the Crown by mere conquest in any age, but only by some real or pretended Title of Inheritance; or at least by a free and general election both of the Nobility, Clergy, and people, as this King William did.

From the former Historical Passages concerning Harold, Tosti, Duke William, and the Kentishmen, I shall deduce these legal Observations.

• 1. That no Tax, Subsidy, or Imposition whatsoever could in that age be imposed on the English or Norman Subjects by their Kings or Dukes, but by their common consent • in their Parliamentary Councils; where they were denied, when inconvenient to the public; as well as granted, when convenient.
• 2. That no English or Norman Subjects were then obliged to aid and assist their Sovereigns, with their persons, arms, estates, or subsidies granted, in any foreign invasive war, but only left free to contribute what private assistance they thought fit in such cases.
• 3. That no public wars in that age were ever undertaken, but by common advice and consent in great Parliamentary Councils.
• 4. That the Kings of England in that age, however they came to the Crown, by right or wrong, held it both their bounden duty, interest, safety, to defend and preserve the Laws, Rights, Liberties of the Church and people; to enact and maintain good Laws, and abolish all evil Laws, Rapines, Exactions, Tributes, and to govern them justly, according to their Coronation Oaths, and not arbitrarily or tyrannically according to their pleasures.
• 5. That no Freemen in that age, could be justly imprisoned, banished, or put to death, but for some heinous misdemeanors, and that by a legal trial and conviction.
• 6. That the Subjects of England then held it their bounden duties, in times of foreign invasion, to defend the Realm, their Lives, Liberties, Properties both by Land and Sea against foreign 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 foreign 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 ancient Laws and Customs, more dear and precious 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 Sovereign 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 Harold's answers to Williams Ambassadors; 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 color 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 t • e Crown of England, being held, not as patrimonial, but in succession by remotion (which is a succeeding to another's 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 sa • d to be the Heir of the King, but of the Kingdom which makes him so, and cannot be put from it by any Act of his Predecessors.
• 9. That the Nobilities, Clergies, and people's free-Election, hath been usually most endeavored and sought a • ter by our Kings • especially Intruders) as their best and surest Title.

To these Legal I shall only subjoin 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 public affairs.

1. That it is very unsafe and perilous 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 people's 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 i • sue, or declared right heir.

4. That right heirs to Crowns, who are of tender years, weak judgment, or impotent in Frien • s and Purse, are easily and frequently put by their rights, by bold, active, and powerful Intruders, as Edgar Atheling was both by Haro • d and William successively. Yet this is remarkable in both these Invaders of his royal Right. 1. That Harold, who first dethroned him, to make him some kind of recompense, and please the Nobles of his party, created Edgar Earl of Oxford, and held him in special favor. 2 lie. 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, bu • even after he had twice taken up arms against him joining first with the English Nobility, 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 offenses; but magno donativo donatus est, pluribusque annis in Curia manens Libram Argenti quotidie in stipendio accipiebat, writes Malmesb. receiving a great dona • i • e from him, and a pound of silver for a stipend every day, and continuing many years in his Court. After which, Anno 1089. He went into Apulia to the Holy wars by King Williams license, with 200 Soldiers, and many Ships; whence returning after the death of Robert son of Godwin, and the loss of his best Soldiers, he received many benefits from the Emperors both of Greece and Germany, who endeavored 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. Will. Rufus going into Normandy to take it by force from his brother Robert, deprived Edgar of the honor 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 William Rufus and Malcholm king of Scots, he was again reconciled to Edgar by Earl Roberts means, & returned into England, being in so great favor 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 wa • 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 practiced: But I say unto you love your Enemies, do good to those that hate you, &c. Wherefore if thine enemy hu • ger give him meat, if he thirst, give him drink, &c. B • not overcome of evil, but overcome evil with goodness.

5. That base carnal fears and cowardice, oft cause both Prelates, Nobles and People to desert their own best interest, and lawful Princes, and to act, vote, and submit to mere unrighteous Usurpers, against their primitive resolutions, judgments, Consciences; as here in the case of Edgar, and Rich. 3. since.

6. That Generals puffed up with victorious successes, and having the command of the Land and Sea Forces in their power, are apt to aspire after the royal Crown and Sovereignty, and forcibly to usurp it upon the next occasion • even with the disinheriting of the right heir, and hazard of the whole Realm; of which Harold is a most pregnant example.

7. That ambitious aspirers after the royal Crown and Throne, will make no conscience to violate all sacred and civil Oaths, Obligations, Contracts, and find out any evasions to elude them, rather than go without them • or part with them when injuriously usurped • y them; and will adventure to crown themselves with their own hands, than not wear the Diadem: witness Harold

8. That Usurpers of Crowns without right, though they Court the people with Coronation Oaths and fair promises of good Laws, Liberty, Immunity from all Taxes and Grievances; yet usually prove the greatest Tyrants and Oppressors to them of all others; as Harold, and William in some sort did.

That Invaders of Crowns and Sovereign power, without any right, title, or color of Justice, being once in possession, will never part with them to those who have better right, upon any verbal Treaties, but rather adventure their lives, bodies, soul • , and their whole kingdoms utter ruin, than part with their usurped Supremacy.

10. That the most unrighteous Usurpers of the royal Throne by apparent perjury, fraud, force, treachery, will feign, forge, publish some specious pretext or other of Title, or popular election, to palliate, or extenuate their intrusions; to avoid the infamy of Tyrants and Usurpers; and take off the Odium of their most unrighteous Intrusions; of which we see footsteps, both in Harold, William then, and Rich. 3. of late.

11. That unjust Invaders of Crowns for the most part bring many miseries, troubles, wars, and ruins, not only on themselves and their posterities, but likewise on their Kingdoms and people; as Harold did.

12. That royal Usurpers when they are most successful, insolent and secure (as Harold after his victory in the North) are nearest greatest dangers and ruin.

13. That such Usurpers are commonly very vigilant and industrious to preserve their own Interest and Power, under pretext of the common defense and safety of the Nation: yet more rely on their Mercinary forces, than the unmercinary Militia of the Nation.

14. That Usurpers, though they may have many Flatterers and seeming Friends, to write, and act for them whiles in prosperity; yet are commonly generally deserted both by Nobles, People, yea their own endeared Friends and kindred in their greatest dangers, when they need them most; as Harold was.

15. That few English Nobles, Gentry or Commons, will readily adventure their Lives in a Usurpers quarrel, when and where his Title stands in competition with a better and clearer right; as most of them deserted Harold.

16. That the reign of perjured Invaders of others Thrones, is commonly very short, full of War • , Troubles, Fears, Jealousies, and their ends, for the most part, bloody, tragical; as was Harold's, and Rich. 3.

17. That the sordid Covetousness of Kings and Generals in oppressing their people, and depriving their Subjects and Soldiers of their just and lawful spoils after victory over the Enemies, is a ready means to alienate their affections, and cause a defection from them to their Opposites.

18. That when God hath designed a perjured Usurpers or Nations ruin for their crying sins, he suddenly stirs up unexpected Enemies and Instruments to effect, occasions to facilitate it; and so infatuates them, that they become altogether uncapable of any good advice, and reject all Propositions and Accommodations, that might prevent the s • me; as Harold obstinately did.

19. That none are more forward publicly to appeal to God himself, for to judge and decide the Justice of their cause and proceedings, than the most perjurious and unrighteous Usurpers. That when such presumptuously and atheistically dare openly appeal to God himself for justice against their Opposites or Competitors, he usually cuts them off by exemplary deaths and fatal Overthrows, as he did Harold ; both to manifest his severe Justice and Indignation against such Atheistical and hypocritical Apellants and Appeals; and to deter all others from such practices.

20. That all sacred Oaths and sworn Contracts solemnly made to others in things lawful or indifferent, be it through fear, or voluntarily upon premeditation, ought religiously and inviolably to be observed, and not willfully infringed, or eluded by shifts and pretences, as here, by Harold.

21. That God sooner or later doth usually avenge in an exemplary manner the perjurious willful breach of solemn Oaths, even in Kings themselves and the greatest persons: whose detestable perjury oft brings sudden destruction both upon themselves, their kindred, Posterity, and whole Armies and Kingdoms too; as in the case of Harold.

22 That perjured persons fighting in a cause directly against their corporal Oaths, can expect no other success in battle, but either flight, or death. And that one Battle may both lose and win a whole kingdom; so unstable are even kingdoms themselves.

23. That the barbarous murders, the cruel oppressions of Innocent people, are apt to stirrup a universal Insurrection against their Governors and Instruments; and u • ually end in the dethroning, expulsion, death and destruction of the Authors of them; of which Tosti yields us a notable president: And that people when once justly enraged against such bloody tyrannical Oppressors, become altogether implacable, and will never brook their future Government over them.

24. That base carnal fears in times of imminent danger, usually dis-joint, those persons, councils, forces whom the Common danger should more unite, and make them desert the probablest means of their public preservation, liberty, peace, settlement, by setting up the Right heir of the Crown (as Edgar here) against the Intrusions and Pretences of all usurping Invaders of the Sovereign power.

25. That a few timorous Counselors, Great Persons or Clergy-men, in times of danger, are apt to disappoint the magnanimous resolutions, and daunt the heroical Spirits of such who are most cordially affected both to their Native Countries Laws, Liberties, and right heir to the Crown; and to draw them to unworthy compliances with them against both.

26. That stout resolute real Patrons of their Native Countries Laws and Liberties, will then appear most cordially zealous to protect, own, and fight for them, when they are in greatest danger to be lost, and most disowned, deserted, betrayed by other timorou • and time-serving persons: witness the example of Abbot Fred • rick, Stigand, Eg • lsine and the Kentish men.

27. That true heroic English Freemen, prefer their old Native Liberties, Laws, Customs b • fore their Lives; and would rather die fighting for them in the field, than depart with them upon any Terms to a victorious Sovereign; or subject themselves to the le • st public Servitude, the name whereof hath been ever odious to them, much more the thing itself.

28. That the best means to preserve our public Laws, Liberties, Customs against all Invaders of them, is manfully, resolutely, and unanimously to stand up in their defense, both by words and deeds, when they are most endangered: That such persons, Counties, places who have appeared most stout and resolute in their defense, when others have generally de • erted, surrendered or betrayed them; have thereby preserved, secured, perpetuated them to themselves and their posterities, when all else have lost and been deprived of them; yea gained immortal honor, and precedency of all others to boot: Witness the Ken • ish -men.

29. That the Stoutest Maintainers of their Countries Laws and Liberties are commonly most odious to, most injured, oppressed by tyrannical Sovereigns, though upon other pretences; witness Archbishop Stigand, Abbot Frederick, and Egelsine. Yet this must not deter • them from their duties.

30. That no age or person ever yet reputed Conquest a just, safe, prudent Title or Pretext to the Crown of England, but ever disclaimed it, as most absurd and dangerous to their interests.

31. That the murdering, or disinheriting of the right heir to the Crown, hath been the Principal occasion and ground-work of all the great, sad revolutions of Government in this Island; and of the translations of the Crown and Kingdom from the Britons to the Saxons ; from the Saxons to the Danes, and since from both of them to the Normans, by the murder of Prince Alfred, and rejection of Prince Edgar.

32. That when Treachery, Perjury, Oppression, Murder, Violence, and other sins forementioned have generally overspread the Kingdom • , and infected all sorts and degrees of men, then National Judgments, Forein invasions, public Revolutions of Governors and Government, yea all sorts of Calamities, Warrs, Troubles, may be justly feared, expected, inflicted, as the fruits, punishments of these epidemical crying Transgressions.

33. That Crowns and Kingdoms have their Periods and Revolutions, as well as private possessions, Families, and that by the secret Justice, and wise disposing Providence of God; who disposeth, translateth, dissipateth, dissolveth Kingdoms at his pleasure, and giveth them to whomsoever he pleaseth.

34. From the whole, we may observe, with the Chronicle of Brompton, and Mr. Fox, That as the English-Saxons had most unjustly, against their Oaths and Trusts, formerly subdued and expelled the Britons by the just judgment of God upon them for their sins, out of the possession of the Throne and Kingdom of Britain, by the power of the sword: so God himself, by divine retaliation, for the like Sins of the English-Saxons, after many years bloody intestine wars between themselves, (wherein many of their Kings, multitudes of their Nobles, and Millions of the Common Soldiers, and people were slain and lost their lives) first plagued, infested them for many years, and at last totally subdued, and dispossessed them of the Crown and Kingdom for some years space by the bloody Danes, & after that subjected them to the Normans yoke, who possessed themselves of the Crown and Realm of England instrumentally by the Sword, and put by both the Saxon Invader Harold and his Posterity, with Edgar the Saxon heir, in such sort as here you have read.

The Lord sanctify all these Collections and Observations to the greatest public good and settlement of our unsettled distracted English Nation, and the private benefit of all who shall peruse them, that they may aim only at that kingdom which cannot be shaken, and that Crown of glory which fadeth not away : not at temporal Crowns, and kingdoms, which are so fading, transitory • full of Thorns, Crosses, Cares, Fears, Vexations, Tortures, Perils, Deaths.

Omissions and Errataes. Kind Reader, I present thee with some Historical Passages, casually omitted in their due places; and such Errors as have happened at the P • ess, which I desire thee to correct.

PAge 10. line 8. One Thunder maliciously accused Aethelbert, and Aethelred, two kinsmen of Egbert King of Kent, educated and brought up in his Court, that they intended some time or other to take away his kingdom from him ; and thereupon advised the King, either to banish them both into some far Country, or to deliver them unto him to destroy and murder, without any legal Trial, or conviction of their guilt. Which Thunder often instigating the King to do, and he but coldly prohibiting, or disliking; thereupon Thunder, in the Kings absence rashly presumed ignominiously to murder them in the Kings Palace, and then buried them under his Royal Chair, in a Village called Estria. The King returning to his Court, in the dead of the night there appeared a bright pillar sent from heaven, which filled his whole royal Palace with an unspeakable brightness: which the Kings servants beholding, were so terrified, that they fell down to the ground, and became almost distracted. The King being awaked, with the tumult of his Guard, and being ignorant of the cause thereof, arose, that he might go and hear Matins as he was accustomed: And going out of his house, he saw the City shining with the beams of the new splendor. Upon which missing his Kinsmen, he sent for Thunder, and demanded of him where they were? who answered him like Cain; Am I thy Kinsmens keeper? To which the King replied, Thou hast always sinisterly accused them unto me, and therefore, most wicked wretch, thou oughtest to show me where they are : Whereupon he informed him of their murder and burial; whereat the King was very angry with him; But returning at last to himself, he refunded the Crime & whole wickedness on himself, and being confounded beyond measure, spent the residue of the night in tears. When the day appeared, he sent for the Archbishop Adeo-datus, et Magnates quos habere potuit convocari praecepit, and causing the Nobles to be called together, related the whole business to them. The Archbishop gave counsel, that the bodies of these Innocents should be removed to the Cathedral Church, and there interred in a royal manner. Thereupon putting their bodies with Saints relics into Coffins and Carts, they intended to carry them to Christ's Church, in Canterbury, but in vain, because they could not stir their corps, nor remove them out of the place, although they attempted it with much endeavor and force. Upon this, changing their counsel, they intended to remove them to St. Augustine's Church, neither yet could they effect it. At last they resolved they should be removed to the most famous Monastery of Waermen, • pon which the Carts presently removed with ease • , as if they had no burden; and they were buried by the High Altar in this Monastery.

Kinewalchus King of the West-Saxons, deceasing Anno 672. Regni arbitrium Uxori Sexburgae delegandum putavit: nec deerat mulieri spiritus ad obeunda regia munia: ipsa novos exercitus mo • iri, veteres tenere in officio, ipsa subjectos clementer moderari, hostibus minaciter infremere, prorsus omnia facere, ut nihil praeter s • xum di • cerneres: Veruntamen plus quam animos foemineos anhelantem vita destituit, vi • annua potestate perfunctam. When she had reigned thus one year Indignantibus Regni Magnatibus (assembled most likely in a Parliamentary Council) • xpulsa est a Regno, nolentes sub sexu Foemineo militare; The Nobles thereupon made Eschwin King in her place, being Regali prosapia proximus, next of the royal blood: quo d • cedente vel morte sua, vel vi aliena, vacantem aulam succession legitima implevit Kentianus; He being the next right heir.

Page 24. l. 24. About the year 783, Kenulph King of Mercia, Cum Episcopis, Duc • bus, et omni sub nostra ditione dignitatis gradu, with the Bishops, Dukes, and Nobles of every degree of Honor under his Dominion, (assembled in a Parliamentary Council) writ a Letter to Pope Leo the 3d. • o reunite those Bishoprics to the Metropolitical See of Canterbury, which King Offa, (out of his hatred to Archbishop Living ) had severed from it, and united to a new-erected Archbishopric at Liche • ield, alleging in the Letter; Uisum est cunctis gentis nostrae Sapientibus, quatenus in illa Civitate Metropolitanus honor hab • retur ubi corpus beatae recordationis Augustini ( qui verbum Dei imperante beato Gregorio, Anglorum genti remonstrabat, et gloriosissime Ecclesiae praefuit Saxoniae ) pansat, qui his partibus fidei veritatem inseruit. This Letter, with Pope Leo his answer thereunto (worth the reading) are at large registered in Malmesbury and Matthew Parker : Hereupon the new Archbishopric of Lichfield was dissolved, and the ancient Metropolitical Jurisdiction of the See of Canterbury restored. Anno 798. by the Judgment and decree of the Council of Bacanc • ld, and advice of Pope Leo ; who being advanced to the Papacy, and saying his first Mass, a certain woman to whom he formerly had access, as was reported, coming up to offer, wringing him sweetly by the hand and kissing it, thereby stirred up an incentive of lust in the Pope; Who after the Mass ended, sitting in his Chamber and reprehending himself, suddenly cut off his hand, according to that Gospel-saying: If thy f • ot or hand shall offend, • ut it off and cast it from thee, &c. After which, concealing the fact, and retiring to a solitary place, he prayed to the blessed Virgin to restore hi • hand cut off from his arm; which she miraculously did. And thereupon it was then decreed: Statutum est tunc quod nunquam ex tunc manus Papae ab offer • ntibus deoscularetur, sed Pes ; that never from thenceforth the Popes hand should be kissed by such who offered (or resorted to him, but his foot: ) as Matthew Westminster, and others record: The original ground of kissing the Popes foot instead of his hand ever since Some write, this Popes tongue and eyes were once or twice cut off, and pulled out by the Citizens of Rome, and yet again miraculously restored to him, as well as his hand: which the blind Papists may credit, though few else believe to be a truth, but a ridiculous lying Romish Legend for the whetstone.