The Exact Recorder, Chapter 5

The Exact Recorder · Chapter 5

p. 265CHAP. V. Containing a Brief Historicall Collection of all the Parliamentary Councils, State-Assemblies, Historicall Passages, and Proceedings that concern the Fundamentall Liberties, Priviledges, Rights, Properties, Laws, and Government of the Nation, under the reign of King Edward the Confessor, from the year of our Lord 1042. to 1066. wherein he died.

KING Harde-Cnute being sodainly taken out of this world without issueAnno 1042. by divine Justice on the 6 day of Iune Anno 1042. thereupon the Earls and Barons of England, immediately …fter his death, assembled together in a Great Council, about the election of a New King: Wherein (a)(a)Chro. Ioh. Bromton col. 934. Fox Acts and Monum. vol. 1. p. 200.212. Speeds Hist. p. 410. Wigorni…nsis. Sim. Dunelmensis Rad. de Diceto. Mat. Westminster. Huntindon, Hovedon, Polychronicon. Fabian, Caxton, Holinshed, Grafton.OMNES ANGLORUM MAGNATES ad invic…m tractantes, DE COMMVNI CONCILIO ET JURAMENTO STATUERUNT, QUOD NUNQUAM TEMPORIBUS FUTURIS ALIQUIS DACUS SUPER EOS IN ANGLIA REGNARET; & hoc maxim… pro contemptibus quos Angli à Danis saepiu… acc…perunt, &c. as the Chronicle of Bromton & others informe us: All the Nobles of the English treating together decreed by common advice, which they ratified with an oath; THAT IN TIMES TO COME NEVER ANY DA…E (or person of the Danish blood) SHOULD REIGN OR BE KING OVER THEM IN ENGLAND p. 266ANY 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 doe reverence to the D…n…s, they should presently have undergo…e great punishments and stripes. Whereupon King Harde-Cnute being dead, the English rising up against them, drove all the Danes, being then without a King and 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:(b)(b)Page. 223.224.225. King Cnute as you heard before, caused the temporizing English Bishops, Nobles and Barons assembled in a Parliamentary Council, against their oaths of allegiance to King Ethelred, Edmund Ironside and their heirs, no less then twice one after another, to renounce, cast off, and abjure their regall Posterity, to make them incapable of the Crowne of England, and settle the 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-royall of the Crown of England, and restore the Saxon English royall line to that soveraignty, 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 (c)(c)Prov. 27.1.Prov 27:1one day or year may bring forth.

The English putting their Decree for cashiering all the Danes in execution, (d)(d)Bromton col. 934. Hoveden, Huntindon, Malmesb. Math. Westm. Fox, Speed, Caxtons Chro. pars. 6.turned the mout of all the Castles, Forts, Garrisons, Cities, Villages th…oughout England, as p. 267well those of the Royall and Noble blood … as the vulgar sort, and forced them to depart the Realm, as they had formerly banished the English Princes and Nobles. (e)(e)Huntindon Hist. l. 6. p. 365 Brom…on col. 934. Fox vol. 1. p. 210.212. Speed p. 410.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 wo…ull captivity of the EnglishPropos. 5.6.8. Nation, to grant them some respite of deliverance in taking away the Danish Kings without any issue left behinde them, who reigning here in England kept the English people in miserable subjection about the space of 28 years, and from their first landing in the time of King Brictricus, wasted and vexed this land for the space of 255 years: their Tyranny now coming to an end by the death of Harde Cnute; they thereupon assembling together in a great Council, with a generall consent, elected Prince Edward (surnamed the Confessor, the youngest and onelyonly surviving son of King Ethelred) for their King; who ANNUENTE CLERO ET POPULO LONDONIIS IN REGEM ELIGITUR, as (f)(f)Flores Hist. p. 415.Mat. Westminster relates; whereupon Edward being then in Normandy, where he had long lived in exile, being a man of a gentle and soft spirit, more appliable to other mens counsels then able to trust his own, & naturally so averse from all war & bloodshed, that he wished rather to continue all his life long in a private exiled estate, then by war or blood to aspire to the Crown) the Lords sent messengers to him, to come over and take p…aceable possession of the Kingdome of England, they having chosen him for their King, advising him to bring with him as few Normans as he could, and they would most faithfully establish him in the throne. Edward, though at first he much doubted what course to stear, somewhat mistrusting the treachery and inconstancy of the fickle headed English, yet at last upon the importunity of the messengers, who informed him (g)(g)Malmsbur. de Gestis Reg. l. 2. c. 13.melius esse ut vivat gloriosus in Imperio, p. 268quàm ignominiosus moria…ur in exili…. JURE EI COMPETERE REGNUM, aevo maturo laboribus defaecato, scie…ti administrare principatum per aetaten… severè, miserias Provinci…lium pro pristina aequitate temperare, &c. and upon putting in sufficient pledges, and an oath given for his security, he came into England with a small train of Normans, where he was joyfully received by the Nobles and people. Nec mora, Giling…am (or rather L…ndoniam … CONGREGATO CONCILIO, rationibus suis explicitis regem effecit, Dominio palam ab omnibus da…o, as Malmsbury; or electus …st in Regem ab omni populo, as (h)(h)Hist. l. 6. p. 365.Huntindon and others expresse 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 yeares seclusion from the Crown by the Danish usurpers.

Our (i)(i)Malmesb. d… Gestis Reg. l. 2. c. 13. de gest. Ponti…. Angl. l. 2. c. 13. p. …49. Mat. Westm. An. 1055. p. 422. Hen. Huntind. Hist. l. 6. Sim. Dunelmensis Hist. col. 136. Polychronicon l. 6. c. 18. Al…edus Ahbas de vita & miraculis Edwardi Con…essoris col. 373. Chron. Joh. Bromton col. 909.955. H. de Knyghton. de E…eribus Angl. l. 1. c. 3. Antiq …tates Eccl. Brit. p. 88, 89. Speeds Hist. p. 410. Ribadenira and Capgrave in the life of king Edward.Historians generally record, that Bryghtwold a Monk of Glastenbury (afterwards first Bishop of Wilton) when King Cnute 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 royall Progeny of the English nation, then almo…t quite deleted by the Danes, and of the miserable condition of England under these forraign 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 succed him, and doubting of Edwards p. 269off-spring, 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 Gods 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…-Cnute's death. Take the relation of it in (k)(k)De vita & miraculis Edw: Confe…soris. col. 372.373.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 agente Propos. 5.6.8.…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, al…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 p. 270Ejus FIDELITATE JURARUNT, qui utrum nasceretur ignorarunt. Tua haec sunt o…ra, Christe Jesu, qui omnia operaris in omnibus, qui electum & dilectum tibi an…e mundi constitutionem plebis tui recto…em hiis indiciis declarasti; quem li…èt 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 hostes m…tuerent, nec cives revererentur. Sed omnipotens 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 p. 271& 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 visionis 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 reall, as man…, as fictitious as some repute them, I shall onelyonly observe these reall Truths.

p. 2721. 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 forreign usurpers, and with the oppressions of their native countrey 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 naturall inclination and affection to the true royall 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 peoples 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 armes and bloodshed, are seldome long or peaceably enjoyed by the usurpers themselves or their posterity, that of Curtius being an experimentall truth, (l)(l)Hist. l. 3. p. 396.Non est diu…turna possessio in quam gladio inducimur.

p. 273All 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 onelyonly very charitable to the poor, humble, mercifull and just towards all men, but also PLURES L…GES BONAS IN ANGLIA STATUIT, quae pro majore pa…te adhuc in regno tenerentur. Whereupon about the year 1043. (as the Chron…cle of Brompton, (m)(m)Col. 937.938.William Caxton, in his Chronicle, and Mr. Selden inform us) Earl Godwin, a fugitive in Denmark for the murther of prince Alfred, (n)(n)Chron. pars 6.hearing of his piety and mercy, resolved to return into England, humbly to implore his mercy and grace,(o)(o)Titles of Honour. part. 2. ch. 6. sect. 5. that he might have his lands again that were confiscated: having provided all things for his voyage, he put to sea and arrived in Englan…, and then posted to London, UBI REX ET OMNES MAGNATES AD PARLIAMENTUM TUM FUERUNT, Where the King and all the Nobles were then at a parliament: here he beseeched & intreated his friends & kindred, who were the greatest Lords of the land after the King, that they would study to procure to him the Kings Grace and friendship, who having thereupon taken deliberate counsel among themselves, led him with them before the King to seek his Grace: But so soon as the King saw him he presently appealed him of TREASON, & of the death of Alfred his brother, and using these words unto him, said; THOU TRAITOUR GODVVIN,Prop. 2.4.5.6. … THEE APPEAL FOR THE DEATH OF ALFRED MY BROTHER WHOM THOU HAST TRAIT…ROUSLY SLAIN. To whom Godwin excusing himself, answered, My Lord and King,, saving your Revere…c…, and Grace, Peace, & Lordship, I never betrayed, nor ye… slew your Brother: unde super hoc pono me IN CONSIDERATIONE CURIAE VESTRAE; whence I put my s…lf upon the consideration and judgement of your Cour… concerning this matter. Then said the King KARISSIMI DOMINI, COMITES ET BARONES TERRAE, &c. p. 274Most dear Lords, Earls and Barons of the land, who are my Liege-men now here assembled, you have heard both my appeale and Godwins answer, Volo quod inter Nos in i…ta appellatione, RECTUM JUDICIUM DECERNATIS, ET DEBITAM JUSTITIAM FACIATIS: I will that between us in this appeale you award right Iudgement and do due Iustic…. COMITIBUS VERO ET BARONIBUS SUPER HOC AD INVICEM TRACTANTIBUS. Hereupon the Earls and Barons debating upon this businesse among themselves, some among th…m were different in their opinions from others in doing just judgem…nt herein. For some said, that Godwin was never obliged to the King, (so Bromton, to Alfred writes Cax…on) by homage, service, or fealty; and therefore HE WAS NOT HIS TRAITOUR, and that he had not slain Alfred with his own hands. But others said, Quod Comes, nec Baro, nec aliquis Regi subditus, BELLUM CONTRA REGEM IN APPELLATIONE SUA DE LEGE POT…ST VADIARE: That neither the Earl nor any Baron, nor any Subject to the King, could by the Law wage Battel against the King in his Appeal, but ought wholy to put himself in his mercy, and to offer him competent amends. Then Leofric Earl of Chester (or Coventry, as Caxton) a good man towards God and the world, spake and said: The Earl Godwin, after the King, is a man of the best parentage of all England; and he cannot deny but that BY HIS COUNCEL Alfred th… Kings Brother was slain; wherefore I award as touching my par…, that himself and his son, and every of us, DUODECIM COMITES, the twelve Earls who are his friends and kinsmen sh…uld go humbly before the King laden with as much gold and silver as every of us can carry between his arms, offering that to him for his trespasse, and submissively depr…cating, that he woul… pardon all his rancour and ill-will to the Earle, and receiving his homage and feal…y, he would restore and redeliver his lands intirely to him… VntoUnto which award THEY ALL ACCORDING, they all laded themselves with treasure in the manner aforesaid, and p. 275g…ing to the King, declared unto him the order and mann…r of their JUDGEMENT, or AVVARD. QUORUM CONSIDERATIONI REX CONTRADICERE NOLENS, QUICQUID JUDICAVERANT PER OMNIA RATI…ICAVIT. The King not willing to contradict them in any thing th…y had judged, ratified the same in all things. An agreement therefore being made between th…m in this manner, the Earl presently regained all his lands.

The generality of our Historians (as Brom…on confesseth) deny that Godwin ever fled into D…nmark, or left England for the murder of Alfred;(p)(p)Malmesb. De gest. Regum. l. 2. c. 12. Mat. Westm. Sim. Dunelmens. Wigorn. Huntind. Hoved. Polichron. Fab. Speed, Holinsh. Graft. they generally aff…rming, that he purged himself thereof (though falsly) CORAM PROCERIBUS, before the Nobles in the reign of Harde-Cnute; swearing with his compurgators that he never consented to his death NISI REGIA VI COACTUS, but through compulsion by royall violence. Recording likewise, that after the death of King Harde-Cnute, Prince Edward was called out of Normandy, and elected King, principally by the help and counsel of Earle Godwin himself, who (as Malmesbu…y and others write) perswaded him to accept the Crown, and precontracted with him before h… came into England:(q)(q)De gest. Regem l. 2. c. 13. p. 80. 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 onelyonly 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 onelyonly judges in that age in Parliament between the King p. 276and his Nobles, subjects, both in criminal and other causes there decided.

3. That Peers in that age were onelyonly tryed and judged by their Peers, for treason and capitall offences.

4. That appeals of Treason were then tryed in Parliament, and the Earls and Barons the sole Judges of them, and of what offences were Treason and what not.

5. That the Bishops and Clergy in that age had no votes in matters of Treason and capitall offences.

6. That the Judgement of Parliament then re…ted properly in the Earls and Barons, not the King: and that their judgement was not repealable by, but obligatory to the King himself.

7. That no Subject could then by law wage battel against the King in an Appeal.

8. That the murther of Prince Alfred, then heir to the Crown, in the time of Harold an actuall King by usurpation without any good title, by his command, was reputed a treasonable offence in Earl Godwin, for which he forfeited his lands, and was forced to purchase his pardon and lands restitution with a great fine and summe to the King.

9. That though the Author of the Chronicle of Bromton (& Caxton out of him) …t…le this Assembly PARLIAMENTUM, a Parliament,Anno 1043. not a COUNCIL, yet it is onelyonly according to the style of the age wherein he writ (being in the reign of King Edward the third) as (r)(r)In his Epistles to His…ori… Anglica. Scriptur. p. 41.Mr. Selden proves, not according to the dialect of the age wherein it was held; to which the term Parliamentum was a meer stranger, and CONCILIUM MAGNUM, &c. the usual name expressing such Assemblies.

(s)(s)Malmesbur. de gest. R…g. l. 2. c. 13. Flor. Wigorniens. Mat. Westm. Sim. Dunelmens. Ann. 1042. 1043. Bromton. col. 936.937. Hoved. Annal. pars 1… p. 439. Polychronicon. l. 6. c. 33. Faban, Caxt. Holins…. Gra…ton, Speed.King Edward, Anno 1643. immediately after his Coronation came suddenly from Glocester to Winchester, attended with Earl Godwin, Siward and Leofric, and by their advice forcibly took from his Mother Queen Emma, all her gold, silver, jewels, and precious stones, and whatever rich things else she possessed, commanding p. 277onelyonly necessaries to be administred to her there.Propos. 2.4. The cause of which unjust act, some affirm to be Godwins malice towards her; others affirm it to be, her unnaturalnesse to King Ethelred her first husband, and her own sons by him, Alfred and Edward; In loving and marrying Cnute their enemy and supplanter, when living, and applauding him when dead, more then Ethelred. In advancing Harde-Cnute her …on by him to the Crown, and endeavouring to deprive Alfred & Edward thereof. In refusing to give any thing toward Prince Edw: his maintenance whiles in ex…le and distresse, although he oft requested her to supply his necessities. In having some hand in the murther of Prince Alfred, and endeavouring to poyson King Edward himself, as the Chronicle of Bromton relates. After which, by the instigation of Robert Archbishop of Canterbury, a Norman born, he againe spoiled her of all she had, and shut her up prisoner in the Abbey of Werwel, upon suspition of incontinency with Alwin Bishop of Winchester, from which false imputation she purged her self and the Bishop, by passing barefoot over nine red hot ploughshares without any harm. Whereupon the King craved mercy and pardon from her for the infamy and injury done unto her; for which he was disciplined and whipped by his Mother, and all the Bishops there present.

Anno 1044.Anno 1044. (t)(t)…lor. W…gogoriens. Sim. Dunelmens. Hovedon, Mat. Westm. Malmsb. D… gest. reg. l. 2. c. 13. Holinsh, Gra…ton.There was GENERALE CONCILIUM CELEBRATUN, a General Council held at London, wherein Wolm…r was elected Abbot of Evesham. And this year King Edward DE COMMUNI CONCIDIO PROCERUM SUORUM, as Bromton and others write (mo…t likely when assembled in the Council at London) married Edith daughter of Earl Godwin in patrocinium regni sui, he being the mo…t potent man in all the Realm; there being in her breast a magazine of all liberall vertues.Propos. 5.2. 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, p. 278were banished out of England into Flanders, from whence after a little stay they departed into Denmark: Flor. Wi…orniens. M. W…stm. Sim. Dun…lm. Hu…tind. Bromt. Polychronic. Fabian, Sp…ed.King Edward in the year 1045.Anno 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.

Propos. 3.9.(x)(x)Wigorni…ns. Sim. D…n…lm. Hovedo…, Mat. Westmister, Malmesb. Bromton, & others.Swan… King of Denmark Anno 1047.Anno 1047. sent Ambassadours to King Edward, desiring him to send a Navy to him agai…st Magnus King of Norway. Hereupon Earl Godwin counselled the King, to send him at least fifty ships furnished with souldiers: Sed quia Leofrico comiti, ET OMNI POPULO id non vid…batur consilium, & CAETERI PROCERES DISSUASERUNT,Propos. 6.9. nullum ei mittere voluit. But because that Council seemed not good to Earl Leofric and all the people, and the rest of the Nobles disswaded him from it, he would send no ships to him. Magnus furnished with a great Navy fought with Swane, and after a great slaughter on both sides, expelled him out of Denmark, reigned in it, and compelled the Danes to pay him a great Tribute.

Anno 1048.(y)(y)The Authors in (x.) Proposit. 3.9.Harold Harvager King of Norwey, Anno 1048. sent Ambassadours to King Edward, offering peace and friendship to him, which he embraced. Also Swane King of Denmark sent other Ambassadours to him this year, requesting a naval assi…tance of ships from him. But although Earl Godwin was willing, that at least fifty ships should be sent him, yet none were sent, because Earl Leofric, OMNISQUE POPULUS UNO ORE CONTRADIXERUNT, and all the people contradicted it with one voice. (z)(z)Historiae p. 295.296.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 p. 279Regis curia nimium fav …nte potentiori, & contra pauperem sententiante, tandem sedem monasterii sui perdidit. Tanta fuit Abbatis Leofrici pecunia: Proposit. 4.5.tanta Comitis Godwini potentia, which he thus repeats. Illo in tempore venerabilis Pater Wulgatus Abbas Pegelandiae diutissimam calumniam passus ab Abbatibus Burgi, Elfrico, Arwino & Leofrico, Abbatiae suae sedem amittens tandem succubuit, & (pro… nefas!) totum situm monasterii sui JUDICIO REGALIS CURIAE PERDIDIT. Tantum tunc potuit super Iustitiam pecunia, contra veritatem versutia, & in CURIA regis Hardecnuti Godwini potentia. After which he addes, that in the year 1048. when the said Abbot Wulgat having lost the site of his Monastery, had laid the foundation of a new Monastery in his Manor of Northburt, next adjoyning to the old, intending to translate his Abbey thither, and diligently laboured to reedifie a Church, Dormitory, with other claustral offices there, being assisted with the alms of many believers, Ferno…us, a K^t. L^d. of Bosworth, openly shewd out of the Abbots own writings, that the said Manour of Northburt was given by his progenitors to the Monastery of S. P…ga and to the Monks there serving God, whence by consequence he al…edged, That seeing Abbot Wulgat and his Monks did not serve God and S. Pega from th…t time forwards in that place (where the old Monastery stood) that they ought not from henceforth to enjoy the said Manour. Acceptatum est hoc A REGIS JUSTITIARIO, ET CONFESTIM ADjUDICATUM EST dictum manerium de Northburt cum omnibus suis pertinentiis praedicto militi Fernoto, & tanquam jus suum haereditariū, de monachis ecclesiae sanctae Pegae, alienatū perpetuo & sublatum. Quod tum per universum Regnum citius …uisset cognitum, scilicet Abbatum de Peikirk, 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 p. 280de 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 ratione 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 pastorall 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 Pastorall 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 judgements against the Abbot & Monks of S. Pega and Peikirk, (a)(a)De gest. reg. l. 2. c. 13. p. 79.80.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 p. 281amatores 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 Abbesse of Berkley and her Nunnes 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 Abbesse and all her Nunnes great with child: and then complaining of, & proving this their incontinency before the King, ejected the Abbesse and Nunnes, and gained the Nunner… and Manour of Berkley to himself, worth 500l. revenue. Together with this (b)(b)Camdens Britan. Suss. p. 307.Godwins cheating the Archbishop of Canterbury of his Manour of Boseam in Sussex, by a wily word-trap and equivocation, recorded by the same authors.

King Edward, Anno 1049.Anno 1049. was so deeply affected and ravished with Gods extraordinary mercy towards him,(c)(c)Mat. W…stm. An. 1049. p. 416. in preserving him like another Ioash 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 signall mercy. For diligently having prepared great summes of money to defray his expences, 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 Realme might be justly governed, preserved in peace, and defended in his absence, till his returne from Rome. Propos. 5.6.9.Upon which the Nobles after serious consultation, considering the great inconveniences and perils that might be…all the kingdome by his absence, being but newly setled; and the manifold p. 282dangers 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 meanes permit him to undertake this pilgrimage, but disswaded h…m from it; and by common consent at last agreed to send solemn Ambassadours 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 Ambassadours accordingly representing, the Pope thereupon dispensed with the Kings vow, upo… this condition and firme injunction, that the King should dist…ibute to the poore all the expences he had provided for his journey, and should ei…her build a new, or repaire an old Monastery, in honour of S. Peter, the Prince of the Apostles, and endow it with sufficient revenues to maintain the Monks; confi… ming by his Apostolicall Authority all the lands or revenues which the King or any other should conferre upon that Monastery, and whatever priviledges he would think fit to grant thereunto, pertaining to the honour of God and denouncing an eternall malediction against the infringers of them. The Ambassadours 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.(d)(d)De vita & Mucanilis Edwardi Confes. col. 379.380.381. &c.

Succedentibus prosperis, Rex beatus nequ…quam sui sponsionis est oblitus, nec in die bonorum, immemor …uit malorum. Sed cogitans & recogitans quanta sibi fecerit Dominus,Prop. 5.6.9. qui ditavit p. 283egenum, sublimavit humilem, inglorium coronavit, parat reddere vota quae distrinxerunt labia ejus. Parat sumptus, separat donaria, VOCATISQUE TOTIUS REGNI PRIMATIBUS, habuit cum eis hujusmodi, vel DE STATU REGNI, vel DE SUA PEREGRINATIONE SERMONEM:

Benedictus Dius qui magnificavit miseric…rdiam suam facere nobiscum, qui visitavit in virga iniquitates nostras, & in verberibus peccata nostra, pietatem suam non amovit à nobis. Ecce quomodo deposuit potentes, & exaltavit humiles; quomodo esurien…es implevit bonis, & divites dimisit inanes. Per mo Reges regnant, ait ipse, & principes justa discernunt. Non excidit â nobis quomodo intrantibus in haereditatem nostram barbaris, facti sumus …pprobrium vicinis nostris, subsannatio & illusio hiis qui in circuitu nostro sunt. Aliis namque interfectis, aliis fugatis, aliis jugo ignominiosae servitutis oppressis, f…rè nihil honoris, nihil gloriae generi nostro reliquerunt. Tandem d…functo Patre meo, patribus peremptis, actis in exilium N…potibus cum hostibus nostris in omnibus …ortuna faveret, mihi perfectò nihil spei superesse videbatur. Ego verò contra spem in spem credens, & Domini misericordiae me totum dedens, peregrinationem meam ad sanctorum Apostolorum limina vovi, & d…inceps divinae me protectioni dispositionique commisi. Ille autem resp…xit in orationem mea, & non sprevit precem meam, & abstulit obprobrium m…um, & restitui… me in reg…ū Patris …ei: insuper cumu…avit divitiis, auxi… gloriâ, donis coelestibus illustravit … SINE SANGUINE REBELLES SUBEGIT, hostes subvertit & omnia nostra amabili quadam composuit pace. Absit, absi… ut tot & tantis ejus ben…fi…iis inveniamur ingrati, quin potius de manu inimicorum nostrorum liberati, serviamus illi in justitia & veritate. Faci amusque quod ait Propheta; Vovete & reddite Domino Deo vestro. DECERNITE ERGO MECUM, QUOMODO ME PEREGRINANTE REGNUM SUBSISTAT ANGLORUM, QUA LEGE, QUA PACE, QUO JUDICE OMNIA DISPONANTUR: QUIS CUI PRAEFERATUR REGIONI, p. 284QUIS CASTRA,Propos. 5.6.9. QUIS URBES, QUIS PRIVATA, QUIS PUBLICA NEGOTIA PROCURET. Erit enim unus omnibus Custos & PROTECTOR DEUS, & pacem quam dedit, ipse servabi…, nobiscum proficiscens, & vobiscum remanens, qui & vo… custodiat, & me reduca….

Ad hanc vocem tota illa multitudo contremuit, & interiorem produnt lachrymis suspiriisque dolorem. Iam 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 pauperes 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 ille 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, p. 285Abbates praeterea duo spectatae religionis, 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, & quiete monasteriorum, Regem auctoritate 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.

p. 286Leo Episcopus servus servorum D…i, dilecto filio Edwardo Anglorum R…gi salutem & apostolicam benedictionem. Quoniam voluntatem tuam laudabilem & Deo gratam agnovimus, grati…s agimus & …i pe… quem reges regnant,Prayers then by this Popes … are as effectuall and acceptable to God in any other place as in Rome it self. & principes justa odecernunt. Sed quia prope est Dominus in omni loco omnibus invocantibus eum in veritate, & sancti Apostoli cum suo capite conjuncti unus spiritus sunt, & pias preces aequaliter andiunt; E… QUIA CONSTAT PERICLITARI REGIONEM ANGLICANAM EX TUA DISCESSIONE QUI FRAENO JUSTITIAE TUAE SEDITIOSOS Ejus MOTUS COHIBES. Ex auctoritate Dei & sanctorum Apostolorum & SANCTAE SYNODI absolvimus te à peccato illius voti pro quo Dei offensam times,Popes in that age determined no weighty matters, even in Rome it self, but by the major part or unanimous vote of a Synod. & ab omnibus negligentiis & iniquitatibus tuis; …a n…mirum potestate …si quam Dominus in beato Petro concessit nobis, dicens, Quaecunque solveritis super terram, s…luta erant in coeli…. Deinde praecipimus tibi sub nomine sanctae obedientiae & poenitentiae, ut expensas quas ad iter istud paravaras, pauperibus eroges & coenobium Monachorū in konore sancti Petri apostolorū principis aut novum construas, aut vetustum augeas & em…ndes, & sufficientiā victualium fratribus de tuis redditibus constituas, quatenus dum illi assidus inibi Deum laudaverint, & sanctis angeatur gloria, & tibi indulg…ntia: Cui loco quicquid contul…ris v…l collatum est, vel con…eretur, ut ratum sit apostolica authoritate praecipimus, & ut semper habitatio Monachorum sit, & nulli lai…ae perso…ae nisi regi subdatur. Et quaecunque privilegia ibi constituere volueris ad honorem D…i pertinentia, concedimus, & robustissima auctoritate confirmamus, & infractores eorum aeterna maledictione dampnamus.

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 repaire 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…. p. 287apostolicum 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, (e)(e)Ailredus Abbas Rivallis, de vita… & miraculis Edw. Confess. col. 386.387.388.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 royall presents, desiring his absolution from his former vow, and confirmation of the liberties and priviledges 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 perpetuall Anath…ma against the inv…ders, diminishers… dispersers, or sellers of them, with Judas the Traytor. 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 addes, 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.

(f)(f)Sp…lm…n… Concil. p. 626. to 637.K. Edw: after these two Embassies to Rom…, Propos. 5.10.by three p. 288severall 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 priviledges to this Abby of Westm. which all the Pr…lates confirmed, not onelyonly with their subscriptions and the sign of the crosse, but likewise with a solemn excommunication: In the first of which Charters there is this memorable recital agreeing with Abbot Ailreds relation.

(g)(g)Spelm in. Con…il. p. 628.Edwardus Dei gratia Anglorum Rex, &c. Scire vos volo, quoniam tempore avorum meorum, patris que mei, mu…ta & gravia bellorum pericu…a afflixerunt gentem Anglorum, & ipsos tam â suis, quàm ab extraneis concitata; adeo ut penè periclitata sit HAEREDITARIA REGUM SUCCESSIO, magnum que interstitium inter fratrem meum Edmundum, qui patri meo mortuo successit, meque habitum sit, invadentibus regnum Swegeno & Cnutho filio ejus, Regibus Dano…um, ac filiis ipsius Cnuthi, Haroldo & Harde-Cnutho; à quibus & alter meus frater Alfredus crudeliter est occisus, solusque, sicut Joas occisionem Otholiae, sic ego crudelitatem eorum evasi. Tandem respectu misericordiae DEI, POST PLURES ANNOS EGO EDWARDUS AD PATERNUM SOLUM REACCESSI, ET EO POTITUS SINE ULLO BELLORUM LABORE, sicut amabilis Deo Solomon, tantâ pace & rerum opulentiâ abundavi, ut nullus antecedentium regum similis mei fuerit in gloria & divitiis. Sed gratia Dei, non me, ut assolet, ex opulentia & superbia contemptus invasit; 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, p. 289& exorare ut eam pacem firmaret Deus perpetuam mihiProp. 3.8.9. & 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 Ezechias, ne si forte in via aut aegritudine… aut alio incommodo deficerem, HAEREDITARIIS RRGIBUS CARERENT, maxime 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 oblatione, quā in l…rg… ele…mosynerū distributione. Sed cum obnixè contradicerem, TANDEM UTRISQUE PLACUIT, UT MITTERENTUR LEGATI DUO AB UTRA que PATRE, Eldredus & Hereman…us Episcopi, & 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… p. 290novam 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 onelyonly members of the gr…at parliamentary Councils (summoned onelyonly 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 priviledges 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 voyce, not onelyonly 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 publick 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 perillous 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; p. 291and that by the resolution of two Popes, three Roman Synods, and two parliamentary Councils.

9. That God doth many times not onelyonly 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 Kingdomes, 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.

(h)(h)Wigorniens. Huntind. Hove. Radul. de Diceto. Sim. Dunelm. Bromt. Speeds Hist. p. 411. Holinsh. Graft. and others. Propos. 3.9.King Henry the Emperour, An. 1049.Anno 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, intreating him not to suffer Baldwin to …scape, in case he should flie to sea. Whereupon the King went with a great fleet to Sandwich, which he there continued so long till the Emperour received from Baldwin whatever he desired. Henry Huntindon and the Chronicle of Bromton relate, that two Princes of the Danes, Lothin and Hirling the yeare 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 defence of the coast, as well as the Emperours 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 defloured) teturning into England with eight ship…, gave out in speeches, that he would from henceforth faithfully remain with the King. Whereupon p. 292Earl Beorn promised him to procure from the King that his Earldome should be restored to him. The Emperour 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 onelyonly 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 Earle Beorne, intreating him to go with him to Sandwich to make his peace with the King; who considering his consanguinity, went to him attended onelyonly 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 onelyonly into Ireland, till Ailred Bish. of Worcest. reduced and reconciled him unto the King. The same year in the monethmonth 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, & intreating 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. p. 297King Edward in the year 1051. released the English, Anno 1051.From the heavy tribute or Danegeld, which Florentius Wigorniensis, and Simeon Dunelmensis, thus expresse. Rex Edvardus Absolvit Anglos A gravi ve…igali. 38. Proposition 1.anno, ex quo pater ejus Rex Athelredus Danicos solidarios solvi mandavit &c. quod eis pater suus propter Danicos solidarios imposuerat, as (i)(i)…hronicon. c…l 938.943.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.

(t)(t)Flores Hist. p. 418.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 expresse. This King Enward discharged English men of the great and most heavy Tribute called Danegeld, which his Father Ethelred had made them pay to the Souldiers of Denmark, and had then dured 40. years, So that after that day it was p. 298no 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 Mony, 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: Proposition. 1.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 injuste accquisita est de substantia pauperum. Illi autem qui illum p. 299comitabantur 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 remembred 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 Souldiers 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 succeding Kings continued, and made it a kind of annual revenue to cloath, and pay their Souldiers and Marriners, 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, thorowout 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 reignes, did collect it of the English Subjects, without his privitie, to cloath, and pay his Souldiers 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 p. 300ever 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 devill himself, who claimes the money so collected for his own; and that the Collectors, and exacters of such Taxes, (though for the payment of Armies and Souldiers) 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 publike necessities) continued for many years together, ought not onelyonly to be eternally remitted, but restored, when collected, by all conscientious, piou…, righteous, mercifull, Saintlike Kings, and Governours.

9. That illegall heavy Taxe… imposed by, or for invading Usurpers, if once submitted to, and not strongly opposed by the generality of the people, wil soon be claymed, & l…avied as a customary, early legall revennue; both by the imposers, and their successors, and hardly be laid down and discontinued again for the peoples ease.

10. That this tax of Danegeld amounting but to thirty eight or fourty 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 legall Parliament, amounting to 120.90. or 60.1000 li. mo…thly, when lowest; besids Excises, Customes, Imposts, amounting to twice as much more, must certainly be far more grievous & intollerable to the Nation, and so not onelyonly to be remitted, abandoned, excluded, but accounted for, and restored to our exhausted, oppressed Nation, by all those Governours, who pretend themselves saints p. 301of the highest forme, and men ruling in the fear of God; against whom this St. Edward the Confessor, will rise up in judgement, i… they imi…a…e not his just and Saintlike president therein. All which con…iderations I recommend, to their own, and their Collecters, Excisers sadest considerations to meditate seriously upon for the peoples ease.

(x)(x)De gestis Regum l. 2. p. 13 p. 91.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. (m)(m)See Ailredus Abbas de vita & miraculis Edwardi Confessoris c…l. 390.He addes, That King Edward with the touch of his hand, d…d miraculously cure sundry persons of the luxuriant humours and swellings about the neck, (commonly called the Kings Evill) wh…ch cure in after ages some falsly ascribed, non ex sanctitate, sed ex regalis prosapiae haereditate …luxisse, not to have issued from his sanctitie, but from his hereditary royall bloud. If his sanctity in releasing… and restoring the formentioned insupportable Tributes of Danegeld, shall now cure the hereditary Kings, and our new Republiques long continued evill, and malady of intolerable Tributes, Contributions, and Excises in this Age, we shall register it to posterity for as great a miracle, as his first care of the evill Kings only, by his touching of it with his royall sacred hand.

(n)(n)Malmsbury de Gestis Regum Angliae l. 2. c. 13. Iohn Bromton Croni…on vol. 932. Ingulphus Historia. p. 895.King Edward about the year 1047. calling out of Normandy, certa…n Normans, qui olim pauculis beneficiis inopiam Exulis suppleverant, who had there releived, and supplied his want, during his exil…, to reward them for their benefits, advanced them to places of extraordinary honour and trust about him; amongst others, he promoted Robert Gemeticensis a monk to the Bishoprick of London, & then to the Archbishoprick p. 302of Canterbury, William to be his Chaplain first, and afterwards Bishop of London, and another to the Bishoprick of Dorchester, which Iugulphus thus expresseth. Rex autem Edwardus natus in Anglia, sed Nutritus in Normania, & diutissime immoratus pene in Gallicum transierat; adducens & attrahens de Normānia plurimos, quos variis dignitatibus promotos in immensum exaltabat. Praecipuus inter eos erat, Robertus Monachus &c. Caepit ergò totâ terrâ sub rege & sub aliis Normannis introductis, Anglicos ritus diminui, & Francerū mores in multis imitari: Gallicum idioma omnes Magnates in suis curiis tanquam magnum gentilitium loqui; Char…as & Chyrographa sua more Francium confici, & propriam consuetudinem in his, & in aliis multis erubescere. Thereupon Earle Godwin and his Sons being men of high spirits, & auctores, & tutores regni Edvardi, were very angry, and discontented, quod novos homines & advenas sibi preferri viderent, because they saw these new upstarts and strangers preferred before them; yet they never uttered a high word against the King, whom they had once advanced. Upon this occasion, Anno 1051. there arose great discords between the Engl…sh, and these Normans, quod Angli aspernantèr ferant superiorem, Normani nequeant pati parem. **Histor. l. 6. p. 366.Henry Huntingdon records: That these Normnans accused Godwin, and Swaine and Harold his Sonnes to the King, that they went about to betray him; wherupon the King calling them into question for it, they refused to appear without hostages for their safety, upon which the King banished them. But William of Malmsbury, Roger de Hoveden, Matthew Westminster, Florentius Wigorniensis, Simeon Dunelmensis, Bromton, Hygden Henry de Knighton, Fabram, Graston, Holmshed, Speed, and the (o)(o)See Fox Acts and Monuments. vol. 1. p. 212 213. Speed Histo…y p. 411. 412. Daniels History p. 2….General Stream of our Historians, relating the businesse more fully, make this the originall cause of the difference between them, and of the Exile of Godwin and his Sons.

p. 303Eustace Earle of Boloyn, who had wedded King Edwards Sister ariving at Dover in the monethmonth of September, 1051. one of his Knights seeking lodging, unjustly slew one of the Townsmen, whereupon the Townsmen slew him. The Earle and his followers being enraged thereat, slew divers men and women of the Town, and trode their children under their own, & horses feet. The Burgesses upon this assembling together to resist them, after a fe…rce Encounter, put the Earle and his followers to flight, slew eighteen or twenty of them in the pursute, and wounded many more; so that the Earle escaped only with one of his followers to the King, then at Glocester; where he grievously incensed the King against the Englishmen, by reason of this tumult, which he and his followers occasioned. Whereupon Earle Godwin being much incensed at the slaughter of his men, in the Burrowgh of Dover, he and his sons assembled a great Armie out of all the Towns and Countries subject to them. The King sending for Godwin to the Court, charged him with hi… Host, to avenge the wrong done to Eustace, and to punish the insolency of the men of Dover, which the King exceedingly aggravated. But Godwin, a man of sharp wit, and wel understanding,Proposition 2.5.6.9. that sentence ought not to be pronounced upon the hearing of the allegations of one part only without hearing the other, refused to march with his Army against the Burgesses of Dover, although the King commanded him; both because he envied, that all Aliens should find such extraordinary favour with the King, and because he would shew friendship to his own Countreymen. Whereupon he answered, It were reasonable and just, that before any execution done, the the Wardeins of Dover Castle, should be summoned into that Kings Court, in a fair manner, to answer this tumult; and if they could excuse themselves, that then they should be dismissed without harms; or if not, that then they should satisfy the King, whose peace they had broken, and the Earl p. 304whom they had offended, with money, or the forfeiture of their bodies and goods. Iniquum videri, ut quos …utari debeas, eos ipse po…issimum inauditos adjudices. And so Godwin depa…ted at that time, little regarding the Kings f…ry, as being but momentany. Quocirca, Totius regni Proceres jussi Glocestriam conveni…e ut i…i magno conventu res ventilaretur. Therefore all the Lords of the land were commanded to assemble together at Glocest…r, that this matter might be there debated in a great Parliamentary assembly. Th… ther came the most famous Earle Syward of Northumb…rland, and Leofric Earle of M…rcia, Omnibus Anglorum No…iles, and all the English Nobility at that time; only Godwin and his Sonnes, who knew 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,Propisition 2.8… 6 9. 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 curbe the Welshmen, who meditating Tyranny, and Rebellion against the King, had fortified a Town in Herefordshire, where Swane, one of the Earl Godwins Sonnes then pretended to keep watch and ward against them. The King hearing that Godwin and his Sonn…s had raised a great Army of men out of all these Counties upon this false pretext, presently sent Messengers to Syward, Earle of Northumberland, and Leofric, Earle of Mercia, to hasten to him, being in great danger, with all the forces they could raise. Who repairing to him at the first with small forces, so soon as they knew how the matter went, sending their Officers through their Co…ntries, together with Earle Ralph in his Countrey, speedily assembled a great Army, to assist the King, ready to encounter these enemies, if there were a necessity. In the mean p. 305time Godwin marching with his Army into Glocestershire, sent messengers to the King (as Matthew VVestminster, and some others story) commanding him to deliver up Earle Eustace, with his companions, & the Normans & Bonomans, who then held the Castls of 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,Proposition 2. 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 Sonnes being accused of A CONSPIRACY against the King, and made odious to the whole Court by the VVelshmen and Normans; so that a rumor was spread abroad, that the Kings Army would assault them in the same place, where they quartered, and were unanimously resolved, and ready to fight with Godwins Army, (being much incensed against him,) if the King would have permitted them. Quo accepto Godwinus ad Conjuratos classicum cecinit, Ut ultro Domino regi non resisterent; sed si conuenti suissent, quin se ulciscerentur loco non cederent, & profecto facinus miserabile, & plus quam civile bellum fuisset, nisi maturiora consilia interessent, writes Malmsbury; But because the best and greatest men of all England, were engaged on the one side and other, it seemed a great unadvisednesse to Earl Leofric and others, that they should fight a battle, and wage war with their own Countrymen: and thereupon they advised, That hostages being given on both sides, the King and Godwin should meet at London on a certain day, to plead tog…ther; 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 Earle returned into VVest-Sax, and the p. 306King 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, Prop…si…ion 6.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 Councel, with twelve men only in their company; and that they should resigne up to the King, the services of all the Knights and Souldiers which they had thoroughout England. But Godwin and his Sonnes, as they durst not wage war against the King: so, ad Curiam ejus venire Iuri parituri negabant, They would not come to his Court, to put themselves upon a legal tryall; alleadging, That they would not goe to a Conventicle of factious persons, without pledges and hostages; that they would obey their Lord in the surrender of all their Knights services, and in all things else, without the perill of their honour and safety. That if they came thither unarmed, they might fear the losse of lif…; if with a few followers, it would be a reproach to their honour. But the King being so resolute in his minde, that he would not recede from what he had resolved by, their intreaties, …pon their refusal to come unto his Court to justify themselves, Rex in suo Concilio communi Curiae suae judicio, by the common judgement of his Court, Proposi…ion 2.6.in this Parliamentary Councel, Et omnis exercitus unanimi consensu, and by the unanim…us consent of his whole Army (as Flo-rence of VVorcester, and his followers subjoyne) banished Godwin himself and his five Sons out of England: whereupon prolatum Edictum est. A Decree & Proclamation was then published, that within five dayes they should d…part out of England, Godwin perceving that his souldiers deserted him some & some …or fear of the Kings Army and displeasure, thereupon p. 307he and his wife G…va, and his three sonnes, Swane, Gurth and Tosti, with his wife Iudith daughter to the Earle of Flanders, departed presently out of England, by the Isle of Thanet, into Flanders to Earle Baldwin, with much treasure; but his other two 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,(q)(q)Malmsburi. de Gestis Regnum. l. 2. c. 13. p. 82. ne scilicet omnibus suis parentibus patriam suspirant…bus, sola sterteret in pluma, Harolds Earldom, and County w…a bestowed on Algarus who ruled it nobly, and he with good will resigned it up to Harold upon his returne.

These things being done, William Duke of Normandy came to visit the King with a great multitude of Normans and Souldiers, whom King Edward honorably received, and magnificently entertained for a season, carrying him about to all his royal Castles and Cities, and at last sent back into Normandy, with many and great presents bestowed on him and his followers, De successione autem Regni spes adhuc aut men…io nulla facta inter eos fuit writes,(r)(r)Histor. p. 898. I…gulphus.(s)(s)Florent. Wigo niensis Sim Dunelmensis, …olichronicon, Brompton Hoveden, Huntindon, Rad. de Diceto, Malmsbu…y, Her. de Knighton Westminster, Caxton Fabian, Graston, Holinshead, Speed, Daniel, Fox, Eadiner Hist. Nov. l. 1. p. 4.

King Edward (In Parliamento Pleno, having in Plain or full Parliament, as Radulphus Cestrensis Knighton de eventibus Angliae. l. 1. c. 10. Trevisa and others relate, thus banished and outlawed Godwin and his sons in which in condition (as some write) they continued two ful years. Thereupon in the year 1052. Harold and Leofric by way of reveng, coming out of Ireland with such ships and forces as they could there raise, 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 p. 308and Dorsetshire, they plundered many Towns and Villag…s in those parts: against whom a great multitude assembled out of these two Counties making head, were incountred and routed by Harold, many of their chief Officers and others being slain. After which they returning to their ships with great booties, sailed round about by the shore to Plimo…th. Upon this, King Edward speedily sent forth forty ships well victualed, and furnished with choice Souldiers, commanding them to watch for, and resist the coming and landing of Earle Godwin, who without their privity coming with a few ships undescerned out of Flanders, practised pyracy and pillaged the seacoasts of Kent and Sussex, and at last came to the Isle of Weight, where his two sonnes, Harold and Leofric, joyning their ships and Forces with his, they studiously plotted how they might aveng themselves upon King Edward by sea, Griffin King of VVales in the mean time (by their instigation) depopulating Herefordshire by land, & slaying many of the Countrey people, who resisted him. On the Kings part there were about sixty ships assembled together to oppose Harold, riding at anchor; the Admirals of which Navy were the Earls, Odo and Ralph, the Kings kinsmen: neither was the King himself sloathfull in this necessity, lying all night on shipboard, and diligently observing the excursions of these Pyrates, executing that by sage counsel, which by reason of age he could not act with his hand. When both Navies were drawn near together, and ready to grapple with and encounter each other, a thick fogge and cloud sodainly arising, blinded the eyes of these furiou persons, and restrained the wretched audacity of these mortals, so that they could not encounter each other, Godwin with his companions being forced by the winds to returne from whence they came. After which Godwin and his sonnes by secret messengers, p. 309drew unto their party an innumerable company of the inhabitants of Kent, Essex, Sussex, and Surry, and all the Mariners of Hastings, with many Souldiers, and having drawn together a very great Army out of those parts, who all promised with one voice, To live and dye with Godwin: forbearing all plunder, and depopulation, after they met together, taking only victuals for their Army when occasion and necessity required, and alluring all they could to their party, they marched with their forces first to Sandwich. Which the King hearing of, being then at London, speedily sent messengers to all who had not revolted from him,Proposition 3 8 to come with all speed to his assistance; who delaying overlong, came not at the time appointed. In the mean while Godwin comes up the Thames with his Navy and Army toward London, and pitched his Tents in Sou…hwark, near the City. King Edward, who was then at London, had assembled a great company of armed men together, and no small Navy, to pursue Godwin and his sonnes, both by Sea and Land. But because very few with the King or Godwin had courage to fight with each other, and the English, whose sonnes, Nephews, Kinsmen and Friends were with Godwin and Harold, refused to fight against their own parents & kinred of the Kings party, thereupon some wise men on both parts, diligently endeavored to make a firme peace and reconciliation between the King and Godwin, and commanded the Armies and Navies to forbear fighting. Godwin being aged, and potent both with his favour and tongue to bow the mindes of his auditors, very well purged himself from all the things objected against him. The next morning Rex habens cum Primaribus suis Concilio, the King taking Counsel with his Nobles, restored Godwin, and all his sonnes, (except Swane, who went on Pilgrimage barefoot to Ierusalem, to expiate the murder of Beorne) together with the Queen, his p. 310daughter to their former honours; Godwin giving his Sonne VVolnoth, and Hake the Son of Swane, his hostages to the King, for his keeping of the peace and future loyaltie to h…m; whom the King immediatly sent into Normandy to be kept there. A concord and peace being thus made and ratified, the King and Nobles omni populo bonas Leges & rectam justitiam promiserunt, Proposition 5 2promised good Laws, and r…ght Iustic… to all the people; then they banished Robert arch-bishop o Canterbury, Will…am B…shop of London, Vlfe Bishop of Dorchester, and all the other Normans, who incens…d and gave the King evill counsel against Earle Godwin, and the English, and had invented unjust laws, and pronounced unjust judgements against them, permitting only some few Normans (nominated in our Histo…ians) whom the King loved more than the rest, and who had been faithfull to him, and all the people, to remain in England. Not long after, VVilliam Bishop of London was for his goodnesse recalled and restored to his Bishoprick, but Stigand was made Archbishop of Canterbury, in the place of Robert, and Osburne, and Hugh two Normans by birth, leaving their Castles here, went to the King of Scots, who entertained them, and so the land was freed from these forreign incendiaries. Normannos omnes ignominâ notatos prolata Sententia in Robertum Archiepis… ejusque complices quod statum regni conturbarant, animum Regis in provinciales agitantes: Upon this sentence denounced, Robert and others of them presently fled the Realme of their own accord, witho…t expecting any actual violence to banish and expell them.

From all these memorable Historical passages, as we may observe the great unconstancy, vicissitude and changes of earthly Princes favours, worldly honours, preferments, and popular favour; with the great inconveniencies of admitting or advancing forreigners to any places of trust or power under the King or Court; p. 311so we may likewise conclude that by the Law of that Age.

1. That no Engl…sh man ought to be condem…ned, executed, imprisoned or put to death upon any great mans bare suggestion, no not by the Kings ow… speciall command (which if given ought to be disobeyed in such cases) but only by, and after a Legall hearing, tryall and conviction of the offence.

2. That the Kings of England were then sworn and obliged, to govern their people by good, just, and wholesome Laws, and Customes, not by their arbitrary pleasures, powers, or commands.

3. That the Parliamentary Councels and Nobles in that age, were very carefull to defend and maintain the Liberties, Rights, good Laws and Customs of the people, and to prevent, and abolish all unjust Laws and Encroachments repugnant to them.

4. That Parliamentary Conncels were then frequently summoned by the King upon all publique emergent occasions, and differences, and to make war and peace, either at home, or in forreign parts.

5. That the Parliamentary Councels of that time consisted of the Earles, Barons, Nobles and Praelates of the Realme, duly summoned to them; without any mention of Knights or Burgesses, elected and sent to them by the people, of which there are no presidents in this Kings reign. Enough to prove Modus Tenendi Parliamentum (supposed to be made and observed in this age) a meere cheating imposture of later daies, as in truth it is.

6. That all delinquents, of what quality soever, justly or unjustly accused, ought to appear and justify themselves before the King and his Nobles in their Parliamentary Councels, without armed Guards, forces, Tergiversation, or resistance, upon due sūmons to appear before them, by the Laws of that time.

7. That Kings and great mens coming to Parliamentary p. 312Councels with Armies, strong armed Guards, and holding them with power, or under Armies, is inconsistent with their Liberty & Priviledges, and are an occasion of civill wars, disturbances, 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 Councels and other Courts.

9. That no English Peer or Freeman could then be lawfully, and judically banished the Realme, but in and by sentence and judgement of a Parliamentary Councel; for some contempt or offence demeriting such a punishment.

10. That Peers and great men obstinately refusing to submit themselves to the triall and judgement of Parliamentary Councels, or to appear in them, or the Kings Courts to justify themselves, without hostages 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 ayd and assist their Kings, as wel against Traitors, Rebels, Pyrates, as against forreign enemies, under our Saxon Kings.

12. That forreigners are usually the greatest occasioners, and fomenters of civil wars. That such Incendiaries, deserve justly to be banished the Nation: And that civill wars between King and subjects, English and English, and their shedding of one anothers blood in such wars, was then deemed most unnatural, odious, execrable; by all prudent means and councels to be timely and carefully prevented: and not to be begun or undertaken, but by good advice and common consent in great Parliamentary Councel…, upon weighty, urgent, inevitable necessities.

13. That the abolishing of ill, and enacting of good Laws, the removing of ill Counsellors and Instruments about Kings, ordering matters of war p. 313and defence by Land and Sea, and setling of peace, were the antient proper works, businesses, imployments of our Saxon Parliaments.

14. That the English Freemen have been always apt, forwards, cordially to joyn with such Nobles and Great men, who are most cordial and active to defend their just Liberties, Laws, Rights, against foreiners, and others who invade them.

Soon after the forementioned agreement between the King and Godwin [u][u]Polychr. l… 1. c. 50. Fox Acts and Monuments, vol. 1. p. 244. Speeds History, p. 440, 441.King Edward (according to his forementioned promises, to make good Laws for all his people) out of all the former British and Saxon Laws, by Order of his Wisemen, compiled an universal common Law, for all the people throughout the whole Realm, which were called King Edwards Laws, being so just and equal, and so securing the profit and wealth of all estates, that the people long after, (as Mr: Fox and others record) did rebel against their Lords and Rulers, to have the same Laws again, when suspended, or taken from them, or dis-used: and prescribed this Oath to [x][x]Florentius Wigornieusis, Sim. Dunelm. Hoveden, Dan. Speed. p. 441.William the Conquerour himself, and every of our Kings since, to be solemnly taken at the time of his Coronation, for the further ratification… and better inviolable observation of these Laws, and perpetuating them to all posterity.

(y)(y)See Totles Magna Charta, 1556, p. 164.1 R. 2. ro…. Parl. num. 44. My Soveraign Power of Parliaments, pars 1. p. 52, to 79. Exact. Collect. p. 290… 7…2, 713, 714.SIR, will you grant and keep, and by your Oath confirm to the people of England, the Laws and Customs granted to them by antient Kings of England, rightfull men, and devout towards God, & namely the Laws and Customs, and Franchises granted to the Clergy, and to the Peopie by the glorious King Edward… to your power? To which the King must answer, I will doe it, before he be anointed or crowned King.

Now because these Laws of King Edward (made by his Wisemens Counsel and advice; as this Clause, **Hoveden, p. 607.Sapientes caeperunt super hos habere consilium, et constituerunt, in the Chapter, De illis qui has Leges despexerent, implyes) are so famous and fundamental, most of our Common old Laws being founded on, or resulting from them, I shall give you this brief account of them, out of our Historians, as most pertinent to my subj…ct matter, and usefull for those of my profession to be informed of (being generally not so well versed in Antiquity, History, and Records, as were to be wished, for the honour and lustre of their honourable publike calling,) pretermiting the grosse Forgery and Imposture of Modus tenendi Parliamentum, so much cryed up by **Epistle to his 9th. Report. 1. Institutes, p. p. 69, 110.2 Instit. p. 7, 8.4 Instit. p. 2.…2.340.Sir Edward Cooke for its Antiquity and Authority, as made and observed in Edward the Confessors reign, when as it is a meer counterfeit Treatise, and Spurious Antiquity, scarce antienter than King Richard the 2. as I have proved in my Levellers levelled; and Mr. Selden manifests in his Titles of honour pars 2. p. 713, 738, to 745; yea its own mentioning the Bishop of Carlisle (which Bishoprick was not erected til the **Mat. W…stm. and Mat. Paris An. 1122. Hov…d…n An, 113… p. 400.year 1132, or 1134.) the Mayors of London, (which had no **Graf…ons Catalogue of the Mayors of London.Mayor til the year 1208) and of other Cities, with Knights and Burgesses usual wages, all instituted long after the Conquerours reign; the not mentioning of this Modus in any of our Records, Histories, or judicious Antiquaries, and its difference from all the Modes and Forms of Parliaments, and Great Councils, of that or later ages held in England or …reland, with the many falshoods 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 Cooke 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.

[y][y]De Event. Angl. l. 1. c. 15.Henry de Knyghton records; That King Edward after his Coronation, Consilio Baronum, et caeterorum Regni, Proposit… 5, 6.received, established, and confirmed p. 315the 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. [z][z]De Gestis Reg. l. 1. c. 1… p. 75. S…e Spelm. Concil. p. 569…W…l. of Malmesbury thus writes of these Laws: Omnes Leges ab antiquis Regibus, & maxim… ab antecessore suo Ethelred…, latas sub interminatione Regiae mulctae perpetuis temporibus observari praecepit, in quarum custodia, etiam nunc tempore bonorum sub nomine Regis Edwardi Iuratur, non quod ille statuerit, sed observaverit. The Author of the antient Manuscript Chronicle of Litchfield, and [a][a]Ad Fadm…rum & Notae, & Spicel… gium. p. 171.Mr. Selden, out of him, together with [b][b]Annalium pars posterior, p. 608.Roger Hoveden, and [c][c]De Brit. E…clesiarum P…imord…is, p. 720.Bishop Usher, inform us concerning these Laws. Ex illo die magna autoritate veneratae, et per universum regnum corroboratae & consec…a…ae sunt prae caeteris regni legibus Leges Regis Edwardi; quae quidem prius inventae & constitutae …uerunt tempore Regis Edgari, avi sui. Veruntatem post mortem ipsius Regis Edgari, usque ad Coronationem S. Regis Edw. quod continet annos 67 predictae leges sopitae sunt, et penitus praetermissae. Sed postquam Rex Edwardus in regno fuit sublimatus, Consilio Baronum Angliae, Legem 67 annis …opitain excitavit, excitatam reparavit, reparatam decoravit, decoratam confirmavit, & confirmata vocata est, Lex sancti Regis Edwardi, non quod prius ipse invenisset eam, sed cum praetermissa fuisset, & oblivioni penitus dedita … morte avi sui Regis Edgari, qui prius inventor ejus fuisse dicitur, usque ad sua tempora, videlicet 67 annis The Chronicle of Bromton, 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 promulged in former p. 316times 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 Gods, 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 Latine 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 stiled West-Saxenelega, that is, the Law of the West-Saxons. By which Law in antient 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, p. 317and 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. Iohn Fox in his Acts and Monuments, vol. 1. p. 213, 214. Samuel Daniel his Collection of the History of England, p. 22. Iohn Speed his History of Great Britain, p. 410. Fabian, H… linshed, Caxton, Grafton, and others, almost in the selfsame words. These Laws are no where 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 [d][d]Historiae, p. 914.Ingulphus Abbot of Croyland, in the close of his History (to which they are [e][e]…o. Seldeni ad Eadmerum Notae… p. 171, 172.annexed in some Manuscripts) gives us this account, flourishing in that age. Attuli eadem vice mecum de London…is in meum Monasterium, Leges aequissimi Regis Edwardi, quas Dominus meus inclytus Rex Willielmus autenticas esse, et perpetuas per totum Regnum Angliae inviolabiliter tenendas sub paenis, gravissimis proclamarat, et suis Insticiariis commendarat, eodem idiomate quo editae runt; ne per ignorantiam contingat, nos vel nostros aliquando in nostrum grave periculum, contraire & offendere ausu temerario, regiam majestatem, ne in ejus censuras rigidissimas improvidum pedem ferre, contentas saepius in eisdem, hoc modo.

These Laws are partly Ecclesiastical, partly Civil, recorded by Roger de Hoveden 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. Iohn Selden, ad Eadm…rum & Notae, & Spicelegium, p. 172. to 195 Mr. Iohn Fox his Acts and Monuments, vol. 1. p. 214. wherein those p. 318who please may peruse them.

…n these Laws it is observable: 1. That all capital, corporal, pecuniary punishments, fines for criminal offences, and all reliefs, services, and duties to the King, are [f][f]Lex 1, 3, 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, 17, 19, to 27, 30, 31, 35, 37… 40, 41, 50, 53… 62, 64, 67, 70. in Mr. Seld n.reduced to a certainty, not lef… arbitrary to the King, his Iustices, or other Officers, for the Subjects greater liberty, ease and security. 2. [g][g]Lex 1, 2, 3, 6, 7. in Hoveden and Spelman.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 Lords-days, Solemn Festivals, and other times of publike Church meetings, eundo, & subsistendo, & redeundo; both in going to, continuing at, and returning from the Church, and publike duties of Gods 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 doe) 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 administred, may and ought by the Common Law of England, (confirmed both by Confessor and Conquerour in their Parliamentary Councils) to be duly punished, as Breakers of the Peace, by all our Kings, Justices, and Ministers of publike Iustice, being ratified by Magna Charta, c. 1. and the [h][h]Totles Mag. Chart. 1 R. 2. rot. claus. m. 44. rot. Parl. 1 H. 4. n. 17. Exact. Collect. p. 712, 713, 714.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 publike worship of God in the Church, and p. 319in 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 [i][i]Lex 8, 9. in Hoveden, Lambard, and Knyghton.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 [k][k]Lex 3. in Hoveden, Lambard, Knyghton.Causes and pleas of the Church ought first to be heard & ended in Courts and Councils before any other,[l][l]Lex 11. in Hoved. Lamb. Knyghton. Iustitia enim est, ut Deus ubique prae caeteris honoretur. 5. That they thus define Danegild:Proposit. 1, 9. Danegaldi redditio propter Piratas primitus Statuta est. Patriam enim infestantes vastationi ejus, pro posse suo insistebant. Ad eorum quidem insolentiam reprimendam, Statutum est Danegaldum annuatim reddi, scilicet, duodecim denarios de unaquaque Hida totius Patriae, ad conducendos eos qui Piratarum eruptioni Resistendo obviarent. (To which Hoveden, Knyghton, Lambard, and others subjoyn,) De hoc quoque Danegaldo, omnis ecclesia libera est & quieta, & omnis terra quae in proprio dominico Ecclesiae erat, ubicunque jacebat, nihil prorsus in tali redemptione persolvens, quia magis in Ecclesiae confidebant orationibus, quam in armorum defensionibus, usque tempora Willielmi junioris, qui Ruffus vocabatur, donec eodem a Baronibus Angliae auxilium requirente ad Normanniam requirendam & retinendam, de Roberto suo fratre cognomine Cortehose Ierusalem proficiscente, Concessum est et, non Lege sancitum, neque confirmatum, sed hac necessitatis causa, ex unaquaque hida sibi dari quatuor solidos Ecclesia non excepta. Dum vero collectio census fieret, proclamabat Ecclesia, suam reposcens libertatem, sed nil profecit. By which it is apparent, 1. That this grievous Tax of Danegeld, was first gran…ed and appointed by a publike Law in a Parliamentary p. 320Council, to hire men to resist the eruption of the Pyrates 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; (m)(m)Cap. 15, & 17. in Hoved…n, K…yghton, Lambard.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 Lords 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 doe, 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 Charls 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 (n)(n)Acts and Monuments, vol. 1. p. 214.Mr. Fox, and some others, but not in Hoveden, 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, Proposit. 10.all the Lands, Honours, Dignities, Rights and Liberties of the Crown of his Kingdom. And p. 321further, 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 Ilands about the same in Norwey 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 commandements, 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 honoured, and ever before his eyes. Proposit. 5, ….He ought also to set up Good Laws aud Customs, such as be wholesom and approved: Such as be otherwise, to repeal them, and thrust them out of his kingdom.

Item, he ought to doe Iudgement and Iustice 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 Seruants 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 ruine, according to the saying of the Gospel: Every kingdom divided in it self shall be desolate, &c. (A clear evidence that our Saxon King… had no arbitrary nor tyrannical power to p. 322condemn, banish, imprison, oppresse or Tax their Subjects in any kinde, 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 (o)(o)Antiq…. Eccl…s. Bri…. p. 88.Matthew Parker records of him.

In the year of Christ, 1053. as many, or 1054. as others compute it, that old perjured Traytor Earl Godwin, came to a most soddein, shamefull exemplary death by divine justice, which the (p)(p)Ail…edus Abbas, de Vita & Mirac. Edwardi Consessoris, col. 394… 395. Malmsb. de Gestis R…g. Angl. l. 2. c. 13. p. 81. Hen. Huntindon, Hist. l. 6. p. 366. Ingulphi Hist. p. 898. Mat. W…stm. An. 1054 p. 424. Radulphus de Dic…to A…b…v. Chron. col. 476. …hronic…n Io. B…omton, col. 944. H…n. de Knygh…on, de Eventib. Angl. l. 1. c. 11. Hygden. Polychron. l. 6. c. 25. Eadm…rus Hist. Novorum, l. 1. p. 4. Fox Acts & Monum…nts, Vol. 1. p. 213.marginal Historians thus relate;Anno 1053. 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 minde to his Injustice. At last his subtilty proceeded so farr, that by fraud, deceit and circumvention, he banished out of the land almost all the Kings kinred 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 Iustice 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;Proposi…. 8. which feast was famous among the people; p. 323the 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 rejoycing that one foot helped the other, Earl Godwin (who customarily sate 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 Traytor, 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 choaking 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 guiltlesse of these facts. When he had thus spoken, the King blessed the piece of bread; whereupon Godwin putting it into his p. 324mouth, 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 choaked 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 (q)(q)Abbrev. Chron. col. 476.Radulphus de Diceto. The King seeing him pale and dead, and that divine judgement and vengeance had thus passed upon him, said to those who stood by, Dragg out of this dog, this Traytor, and bury him in the high way, for he is unworthy of Christian burial. Whereupon his Sonnes 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 honour or solemnity. Abbot (r)(r)Historia, p. 889.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, ille post multa Sacramenta tandem per buccellam d…glutiendam abjuravit, & buccella gustata continuo suffocatus interiit.

As this judgement 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 Gods justice upon his posterity is remarkable, which (to omit their forementioned exiles troubles) are thus epitomized by (s)(s)De Gestis Regum, l. 2. c. 13 p. 82, 83. See Speeds History, p. 418.Will. Malm…b. Godwin in his younger years had the Sister of Cnute 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 spurr and …ains, the horse carried him into the swift p. 325stream 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 beautifull maides in England, and to send them into Denmark, that she might heap up riches by their deformed sale. After her death he maried 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 battel:) 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 becomming a Pyrate, polluted the vertues of his ancestors with his maritime Robberies and murder. At last going barefoot to Ierusalem in pilgrimage, (out of conscience, to expiate the wilfull 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 houshold-stuff; whereupon being deprived of his Earldom, he went with his wife and children into Flanders, and at last invading Northumberland, and joyning with the Danes against his own brother p. 326King Harold, was there slain by him in battel, (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 séed of such a Traytor, as many Historians assert: …ven so let all other such like perfidious Traytors & 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, (o)(o)Mat. Westm…nster, Wigo…n. Sim. Dunelmen. Hoveden, Bromton, Anno 1053. Fabi…n, Holinshed, and others.Rheese brother of Griffin King of Southwales, Anno 1053.was slain by King Edwards command, and his head brought to Glocester 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 (p)(p)Marianus Sco…us, Wigo…n. Ma…. Westminst. Sim. Dunelm. Huntindon, Hoved…n. Knyghton, Brom…on, … dulphus de Di…o, col. 478 VValsingham, Hist. Angl. p. 17.51.Sywar… the valiant Duke of Northumberland, to invade Scotland with an Army of horse and a strong Navy,Anno 1054. 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 entring 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 battels and warrs, 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 p. 327in my left hand, and my gilt battel-ax in my right hand, that being the strongest of all Souldiers, I may die like a Souldier. Whereupon being thus armed as he commanded, he said; Thus it becomes a Souldier 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 Harolds Earldom given to Algarus Earl of Chester: Earldoms in that age being only for life, not hereditary.

In the year 1055.A…n… 1055. (q)(q)Huntindon, Hist. l. 6 p. 366. Marianus Scotus, Mat. Westminster, VVigorni…nsis, Sim. D…n…lm… and Bramton, Ann. 1055. H…n. de Knyghton, de Event. Angl. l. 1. c. 11. Polychron. l. 6. c. 26. VVill. Malmsb. De Gestis Reg. l. 2. c. 13. Ingulphi Hist. p. 898, Holinshed, Spe…d, and others.King Edward, Habito Londoniae Concilio, holding a Parliamentary Councill 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, Hoveden, 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 entred into Herefordshire to spoil and depopulate it. Against whom timorous Earl Ralph, King Edward… Sisters Son,Proposit. 2, 4, 5, 6, 9. 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 joyn battel, 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 p. 328gained 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, Proposi…. 3.which meeting together at Glousester, he made valiant Earl Harold their General; who devoutly obeying his commands, diligently pursued Griffin and Algarus, and boldly entring 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 barrs. 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 (r)(r)Malmsbury de Gestis Reg. l. 2. c. 13. See Godwin in the life of Bishop Herman.Herman Bishop of Salisbury requested of the King, and almost obtained leave to remove his See from Ramesberg to the Monastery of Malmsbury: sed Rege juxta Consilium Procerum id nolente, he thereupon resigned his Bishoprick, 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 Bishopricks of Salisbury and Sherborne united together, till the 9th year of King William the Conqueror.Anno 1057.

In the year 1057. (s)(s)Wigorniensis, Hoveden, Huntindon, Sim. Dunelm. Mat. Westminster, Bromton, Hygden, Fabian, Holinshed, Fox Acts & Monuments, Vol. 1. p. 213. Cambdens Britannia, p. …68.Prince Edward, son of Edmond Ironside, came out of Hungary (where he had long lived an Exile) into England, being sent for p. 329thence by his Unkle King Edward, who had decreed to make him heir to the Crown after himself; but he died at London soon after his return, leaving onelyonly 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, Proposit. 1.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 her self so with her long fair hair, that she was seen and discerned by no body. Where…pon the Earl her husband by his Charter, exempted the Citizens of Coventry for ever 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.

(e)(e)Wigorniensis, Hoveden, Sim. Dunelm. Anno 1058. Ingul. Historia p. 898. Speed, and others.Algarus his son succeeding him in the Earldom of Mercia in the year 1058.Anno 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,Proposit. 2. infested England, slain the Bishop of Hereford, burnt the City, …arrowed the Country, and twice assisted Earl Algarus against King Edward;Anno 1063. thereupon Anno 1063. [u][u]Mat Westm. Hoveden, Wigorn. Sim. Dunelm. Bromton, An. 1063, 1064. Malmsbur. de Gests Reg. l. 2. c. 13. Hen. de Knyghton, de Event. Angl. l. 1. c. 14. Ingulphi Hist. p. 899. Holinshed, Fabian, Grafton, Speed.Duke Harold by p. 330King Edwards command marched hostilely into Wales, with his forces to infest Griffin: who having notice of his comming, 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, joyning 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 Soveraign, 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 Proposit. 4, 8,omnia quae prius de terra illa Regibus anterioribus fu… rant pensa obedien…er se pensuros responderunt, as Wigorniensis, Hoveden, Simeon Dunelmensis, and others record their Oath.Anno 1065.

The next year [x][x]Ailredus Abbas, de Vita & Mirac. Edwardi Con…essoris, col. 394. Malmsbur. de Gest. Reg. l. 2. c. 13. Mat. West. Huntindon, Hoved…n, Wigorniensis, Sim. Dunelm. Rad. de Diceto, Bromton, Polychron. l. 6. c. 27, 28. Fox Acts and Monuments, Vol. 1. p. 213. Speeds History, p. 418. Daniel, p. 24. Fabian, Caxton, Holinshed, Grafton.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 Houshold 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 Souldiers 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 p. 331hand, and that their deadly feud was not long to be deferred. For all the sons of the Traytor Earl Godwin were so ungracious, covetous, oppressive, and so extremely unjust, that if they had seen any fair Manner or Mansion Proposit. 2, 4.place, they would procure the owner thereof to be slain in the night, withall his posterity and kinred, that so they might get possession thereof for themselves. Who notwithstanding which their soft and honied 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 induring 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 comming to the City of Hereford, where his Brother Harold had provided a great intertainment for the King, slew and cut all his Servants in pieces, and put either a legg, 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, wherin 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 villany 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 Christmass, 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;Proposit. 1, 2. necnon pro immanitate Tributi quod de tota Northimbria injuste 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, Armes, houshold-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 carryed 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 p. 333homines liberè natos, liberè 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, Proposit. 1, 2,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 joyning with the Danes, he entred with the Danes into Northumberland, miserably harrowed the whole Country, slaughtered the inhabitants, and at last was there slain with most of his Souldiers by his own brother King Harold, Anno 1066.

King Edward, (as Abbot [r][r]Historia, p. 899, 900, 911…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 corde, quam corpore, as well in respect of minde 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 voce stabili sancivit; and decreed, by a stable vote, that he should succeed him in the Realm o… England: For Duke William was then p. 334superiour in every battel, and a triumpher against the King of France; and his fame was publickly 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 Iudge 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 kinred, as by the merit of Virtue. Moreover Harold, the Major of the Kings Court, comming 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.

[s][s]De Ges…is R…gum, l. 2. …. 13 p. 93.William of Malmsbury (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 ille hoc mun…re dignus, praes…ans animi juvenis, & qui in supremum fastigium alacri labore 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 commen…um; quod, quia propius vero videtur, exponam. Harold comming 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 subtil 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, wherby 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 valour and policy he gained great reputation with Duke William; and that he might more indear himself in his favour, 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.

Flores His… p. 426.Matthew Westminster Anno 1057. relating this Story of Harolds driving into Ponthieu by storm against his will, as hapning in that year; and that to ingratiate himself with Duke William: Post mortem Regis p. 336Edwardi ei Regnum Angliae Sacramento firmavit: subjoyns 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. Bromton 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 goe into Normandy, to free and bring into England his Brother Wulnoth, & Nephew Hake, there detained Hostages; the King would not permit him to goe 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 dayes, to advance his own designs by him; at last opened his minde 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 p. 337accepturum, 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 reliques 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 hee 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 dayes. [u][u]Acts and Monuments, vol. 1. p. 213.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 Hoveden, 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 wickednesse 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 p. 338concerning 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 Gods assistance, by vanquishing the foresaid Harold son of Godwin, victoriously obtained the Re…lm o… England. To which he subjoyns, 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.

[x][x]Ypodigma N…ustria, p. 28.Thomas of Walsingham thus registers the fact. Edwardus Rex Anglorum, prolis successione 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 honore, 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 p. 339vitae, &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 ille hoc non solum audire contempsit, veru… omnem ab illo Anglorum gentem infideliter avertit, &c.

Chronicon Iohannis Bromton, 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 praecipuè 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.

[y][y]Hi…. Ang. …12.Matthew Paris in the beginning of his History of England, p. 1. relates Harolds 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 reliques 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 p. 340cum 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 Hip. Ang…. p. 912.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, Proposit. 10.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 minde, to sway the Scepter of the Realm.

King Edward, having finished his Abby of Westminster, Anno 1066.and endowed it with ample lands and privileges by p. 341three several Charters, by the advice and assent of all his Bishops and Nobles as [z][z]Mat. West Florentius Wigorn. Hoveden, A…lr…dus, Bromton, Polych…on, Fabian, Cax…on, Gra…ton, Holinsh…d, Fox, Spelman, Speed.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 speechlesse 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 judgements ready to fall upon them for the same: Which [a][a]Flores H., p. 4…1.Matthew Westminster thus relates. Quoniam Primores Angliae, Duces, Episcopi & Abbates, non sunt Ministri Dei, sed Diaboli, tradidit Deus hoc regnum uno anno, et die uno, in manu inimic…; Daemonesque terram hanc totam pervagabunt: [b][b]De Vita & M…raculis Edwardi Conse…oris, col. 399, 400.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 infideles, 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 p. 342and sighing for this calamity that was ready to fall upon his people, demanded of the Monks: Whether if they repented of their sins upon his admonition to them, God would not pardon them, and remove his judgements, as he did from the Ninivites? They replied, That God would by no means receive them into his favour, because the heart of this people was hardned, and their eyes blinded, and their ears deafned, that they would not hear reproof, nor understand admonition, nor be terrified with threatnings, nor provoked with his late benefits. The King thereupon demanded, Whether God would be angry for ever? Whe…her he would be any more intreated? and when they might hope for a release of so great calamities? To which they replyed; That if a green tree cut in the midst, and carried a great space from the stock, could without any help reunite it self to the root, and grow again, and bring …orth fruit, then might the remission of such evils be hoped for. The veritie of which Prophecy (add our Historians) the Englishmen experimentally felt, namely, That England should be an habitation of strangers, and a Domination of Foreiners, 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 rigour, and were soon cut off by death.