The Exact Recorder, Chapter 3 (3 of 5)
(x)De Genealogia Reg. Ang. col. 358.Abbot Ethelred, gives this Encomium of this Kings transcendent modesty and justice, Rex Edwardus, vir mansuetus et pius, omnibus amabilis et affabilis, adeò omnium in se provocabat affectum, ut Scotti, Cumbri, Walenses, Northumbri, et qui remanserant Daci, eum non tàm in Dominum ac Regem, quam in Patrem eum omni devotione eligerent. Tanta dehinc Modestia regebat Subditos, tanta Justitia inter proximum et proximum iudicabat, ut contra veritatem non dico nihil velle, sed nec posse videretur; unde fertur quibusdam iratus dixisse; dico vobis, si possem vicem vobis redidissem, Quid non posset Rex iu Subditos, Dominus in Servos, Potens in infirmos, Dux in milites? Sed quicquid non dictabat aequitas, quicquid veritati repugnabat, quicquid non permittebat Justitia, quicquid Regiam mansuetudinem non decebat, Sibi credebat impossibile.
I wish all our modern domineering Grandees would imitate his presidential Royal Example. Yet I read of one injurious Act done by him, (y)Huntingd. Hist. l. 5. p. 354 Hov. An. pars posterior. p, 422. Mat. VVestm. VVigorn. Sim. Dunel. Anno 920. Chron. Io. Bromton col. 835.After the decease of his renowned Sister Elfleda, Queen of Mercia, Anno 920. he dis-inherited her only Daughter Alfwen (or Elwyn, his own Neece) of the Dominion of all Mercia, who held that Kingdom after her Mother, seising and Garrisoning Tamesworth, and Nottingham first, and then disseising her of all Mercia, uniting it to his own Realms, and removing her thence into West-Sex. Magis …eurans an utilit…r vel inutilitèr, Quan an justè vel injust…; Propos. 4.Writes Henry Hunting…o…. which in…rious action, Si violanda sit fides regni ca… sâ violandae, will not excuse.
The Chronicle of Bromton records, that King Edward as he inlarged the bounds of his Kingdom more than his Father;(z)Col. 831, 835, 836, 837. So Leges condidit, he likewise made Laws to gove…n it: which are there registred to Posterity in two parcels, as made at several times, but in what year of his Reign this was, it informs us not, The first of these Laws, declaring his zeal to publick Justice, according to the Laws then in Force, is this.
Edwardus Rex mandat et praecipit omnibus Praefectis et Amicis suis, ut Justa …udicia judicent, quam rectiora possint, Et in judicial… Libro stant … nec parcant nec dissimulent …pro aliquâ Re Populi Rectum et jus publicum recita…e; et unumquodque placitum terminum habeat quando peragatur, quod tunc recitabitur.
The first Chapter of the second part of his Laws intimates, that they were made by his W…se men assembled in a Parliamentary Council at Exeter; witness the contents thereof.
Edwardus Rex admonuit Omnes Sapientes quando fuerunt Exoniae, Proposit. 5.ut investigarent simul et quaererent; quomodo pax eorum melior esse possit quàm anteà fuit; quia visumest ei, quod hoc impletum sit aliter quam deceret, et quam ante …praecepisset, Inquisivit itaque qui ad emendationem velint redire, et in societate permanero quâ ipse sit, et amare quod amat, et nolle quod nolit, in Mari & in Terrâ. Hoc est tunc, Ne Quisquam rectum difforceat alicui. Siquis hoc faciat, emendet sicut supra dictum est (In his first Laws then either made or rehearsed) prima vice 30 s. secundâ fimilitèr, ad tertiam vicem 120 s. Regi.
The last Chapter, being the VIII in Bromtons translation, (but the XI. in the Saxon Coppy) is this. Volo ut omnis Praepositus habeat Gemotum (an Hundred Court) semper ad quatuor hebdomadas; et efficiat ut omnis homo rectum habeat, et omne placitum capiat terminum quando perveniat ad finem; Siquis hoc excipiat, emendet, sicut antè dictum est.
Anno 924.King Edward deceasing, (a)Wil. Mal. de Gest. Reg. l. 2. c. 6. Mat. VVestm. VVig. An. 925 to 940, Hunting. Hist. l. 5. p. 334. Hov. Annal. pars prior, p. 422. Ing. Hist. p. 877, 878. Chron. Iohan. Brom. col. 8…8. Sim. Dunelm. Hist. Reg. Ang. col. 134. to 154. Ethelw. Hist. l. 4. c. 5. Aelr… Abbas de Geneologia Reg. Ang. Pol. l. 6. c. 6. Henry de Knighton, de En. Ang. l. 1. c. 5. Speeds Hist. p. 393, 396… Fab. Holinshed, Gra…ton, Caxton in his life.Aethelstan his eldest Son (designed by his Fathers Will to succeed him) was elected King at Winchester in the year 924. Magno Optimatum consensu et omnium favore; and so…emnly Crowned at Kingston, only one Alfred, and some factious ones opposed his election, pretending he was illegitimate and born of a Concubine, whereupon they would have set up his Brothe… Edwin being legitimate and next heir as they pretended; whom the Generality of the Nobles rejected, nondum ad regnandum propter teneros Annos Idon…o. Aethelstan after his Coronation knowing his Brother to be born in lawfull Matrimony, and fearing Ne per ipsum quando que Regni solio privaretur, lest he should be some time or other deprived of his kingdom by him, hated him extremely; and at the sollicitation of some Parasites, whereof his Cup-bearer was the chief, to be rid of him and this his fear, he caused young Edwin, attended only with one Page, to be put into an old broken Boat in the midst of the Sea, without Sail, Oare, or Pilate, that so his death might be imputed to the waves; out off which Boat the young Prince in discontent cast himself head-long into the Sea (or rather the Page threw him head-long over-board,) and so was he drowned… But the Page recovering his body, by rowing with his hands and feet, brought it to Land where it was in…erred. The King was hereat so …roubed with a real (or feigned) contrition for this barbarous bloudy fact, Propos. 2.that he did seven years voluntary penance for this his fratricide, and adjudged his Cup-bearer to a cruel death, who gave him this ill advice; and to pacifie his Brothers …host and his own Conscience, built two new Monasteries at Middleton and Michelresse, and there was scarce any old Monastery in England which he adorned not either with buildings or Ornaments, or Books or Land…, to exp…ate this his bloody crime.
In this king Aethelstans reign In the year 927. There were fiery Beams and Meteors seen throughout all the Northern parts of England; soon after which Athelstan resolved utterly to extirpate the perfidious Nation of the Danes, and treacherous Scots, which had violated their Agreement made with his Father, whereupon he marched with a great Army by Land, and Navy by Sea into Northumberland and Scotland, wasted and harrowed the Country without resistance, forced Guithfrith King of Northumberland out of his kingdom, uniting it to his own Realm, vanquished and overcame Howel king of Wales, Constantine king of Scots, Anlafe the Dane, and others in a set battel, drove them out of their Realms, and forced them to submit to him: Who upon their submission, knowing the chance of war to be variable, and pitying the Cases of these down-cast Princes, restor'd them presently to their former estates, with this Princely Speech, That it was more honour to make a King, than to be a King: yet these petty Kings, Princes rebelling afterwards, & siding with Anlafe against him, were all rou…ed by Athelstan…, King Constantine of Scotland, with five more of these Kings, 12 Dukes, and most of their Army slain in one battel, principally by the valor of Turketulus, and the Londoners, An. 837: Whereupon the petty Kings of Wales, contracted to pay him a yearly tribute of 20 pound weight of Gold, and 300 of Silver, and 25000 head of Cattel, with a certain number of Hawks and Hounds, which no King of England ever exacted or received from them before.
(b)De Gest. Reg. l. 2. c. 6, p. 49.William of Malmes…ury (who exceeds in his praises) writes, that it was truly reported of him amongst the English, Quod nemo Legalius vel literatius rempublicam administraverit; That no king governed the Commo…we…l…h more legally or learnedly than he, being as (c)Ingulphi Hist. p. 817.Ingulphus records, guided and directed by Turketulus, his Chancellour, a man of great integrity, honesty, and piety, of prof…und judgement, whose decrees upon debate were irrefrag…ble. This king Athelstan, for the better administration of Jus…ice, enacted sundry excellent, civil, and ecclesias…ical Laws, recorded in Bromt. Lamb. & Spelm.
Anno 928.The first of these his Laws, were made and enacted in the famous [d]Chron. Io. Bromt. col. 840, to 856. Spelman. Con. cil. p. 396, 397, 405, 406. L…mbardi Archaton.…oun…il of Grately, about the year 928, in which the king himself, Wulfehelm Archbishop of Cante…bury, and the rest of the Bishops, and all the Nobles and Wisemen which King Ethelstan could assemble, were present, who all ordained and confirmed these Laws in this great Council, as the last Chapter … in…orms us in …hese words.
Proposit. 5.6.Totum hoc institutum est et confirmatum, In magno Synodo apud Grateleyam, cui Archiepi…cop… … et omnes Optimates, et Sapientes, quos Adelstanus Rex potuit Congregare: Or, Cum… Optimates et Sapientes ab Aethe…tano evoca… frequentissimi, as another Copy renders it… which proves, that all the Members of this Council were summoned to it by this kings writ, and not elected by the peoples suf…rages. And although the Archbishops, Bishops, and other Clergy men were the chief advisers of the Ecclesiastical L…ws, made in this Council, as this Prologue to them attests: Ego Aethelstanus Rex ex prudenti …l…elmae Archiepiscopi, aliorumque Episcoporum et Servorum Dei consilio mando; yet they were all enacted and confirmed by all the Nobles and Wisemen in the Council, as the premises evidence. In this Council, the king commanded… by his Laws, all his Officers, that they should demand and exact from his Subjects such things and duties only as they might justly and lawfully receive, Proposit. 1.adding this memorable reason for it; Nunquam enim erit populo bene consultum, nec digne Deo conser…abitur, ubi Lucrum impium et magis falsum diligitur, Ideo …e…ent omnes amici Dei quo… miquum en, enervare, quod …ustum est elevare; non pa…i ut prop…er falsum, et pecuniae quaestum, se forisfaciant homines, er… …ere …apientem Deum cui displicet omnis injustitia: Which I wish all our unrighteous covetous …x-ma…ers, Excisers and Exacters would now seriously consider: Af…er which it follows, Chris…ianis autem omnibus neces…arium est, ut rectum diligant, ut iniqua condemnent, et saltem sacris Ordinibus erecti justum semper erigant et prava deponant: Hinc debent Episcopi cum saeculi Judicibus interesse Judiciis, ne permittant, si possint, ut illinc aliqua pravitatum germina pullulaverint. And to avoid all arbitrary proceedings, oppressions, and Injustice in all things, this Council by positive Laws ascertains all fines, amerciaments, imprisonments, and corporal punishments for criminal offences, from which the Iudges might not vary. And withall defines, what Armes every man should …ind in those times of war, against the Danes and other Enemies by his positive Law, Lex 21. (Sax. 16.) Omnis homo habebit duos homines cum bonis equis de omni Carucâ.Proposit. …, 3.
King Ethelstane after this Council at Grately (what years is not expressed) assembled several other ParliamentaryProposit. 5. Councils at Exeter, Fevresham, and Thunderfeld; wherein he and his Wisemen, by common consent, confirmed the Laws made at Grately, altering some of them in certain particulars, and adding some new Laws unto them, as you may read at large in Brom…on, and as the first Chap…er, and this Prologue to those Laws assure us.
[e]Chron. …oh. Brom…. col. 850.`Haec sunt Judicia quae Sapientes Exon…ae consilio Adelstani Regis instituerunt, & iterum … Fevresham … et tertia vice apud Thundresfeldiam ubi hoc definitum simul et confi…matum est; et hoc imprimis est,Proposit. 5, 6. ut observentur om…ia Judicia quae apud Gratel…yam imposita fuerint, praeter mercatum Civitatis, et Diei Dominicae.
The Cause of making these new Laws, and confirming the old, was, a Complaint to the King in the Council at Exeter, that the Peace and Laws made at Grateley, were not so well kept as they should be; and that The…ves and Malefactors abounded; as this Prologue manifests, (f)Chron. Ioh. Brom. col. 850.Ego Adelstanus Rex notifico vobis, sicut dictum est Michi, quod pax nostra pejus observata est quam Michi placet, vel apud Grateleyam fuerit institutum:Proposit. 5, 6. Et Sapientes Michi dicunt, quod hocdiutius pertuli quàm debueram; Nunc inveni cum illis Sapientibus, qui apud Exoniam fuerint mecum in sancto Natali Domini, quod parati sunt omnino quando velim, cum seipsis & uxoribus, & pecunia, & omni re suâ ire quo tunc voluero, nisi malefactores requiescant eo tenore quo nunquam deinceps in patriam istam redeant, &c.
In the Council of Fevresham in Kent, the King by some of his Wise-Counsellors sent thither to it, propounded some things for the weal and peace of the Country, together with his pardon for fore-past offences; which they upon debate assenting to, and drawing up into sundry heads, returned to the King for his Royal assent, with this memorable Gratulatory Prologue; which most truly representing unto us the proceedings in the great Councils of that Age, I thought meet entirely to transcribe.
[g]Chronicon Ioh. Bromt. …ol. 850, 851.Karissime, Episcopi tui de Kent, & omnis Kentescire, Thayni, Comites, & Villani, tibi Domino dilectissimo suo gratias agunt, quod nobis de pace nostra praecipere voluisti, & de commodo nostro perquirere & consulere, quia magnum opus est inde nobis divitibus & Egenis. Et hoc incepimus quanta diligentia potuimus, consilio horum Sapientum quos ad nos misisti, unde Karissime Domine, primum est, de nostrae decim…, ad quam valdè cupidi sumus & voluntarii, & tibi supplices gra…ias agimus admonitionis tuae. Secundum est, de pace nos…r… quam omnis popul…s teneri desiderat, sicut apud Grateleyam Sapientes tui posuerunt, et sicut etiam nunc dictum est in Concilio apud Fefresham. Tertium est, quod gratian… omnes misericorditur Hermerum dominum suum, …e dono quod forisfactis hominibus concessi…i; hoc est, quod pardonatur omnibus forisfactura de quoc…nque furto quod antè Concilium de Fefresh…m factum fuit, eo tenore quo semper deinceps ab omni malo quiescant, et omne latrocinium confiteantur, et emendent hinc ad Augustum. Quartum, Ne aliquis recipiat hominem alterius sine licentia ipsius, cui prius folgavit, nec intra marcam, nec extra, et etiam ne Dominus libero homini hlasocnam interdicat, si rectè custodierit eum Quintum, Qui ex hoc discedat sit dignus eorum quae in scripto pacis habentur, quod apud Grateleyam institutum est. Sextum, si aliquis homo sit adeo dives, vel tantae parentelae quod castigari non possit, vel illud cessare nolit, ut efficias qualiter abstrahatur in aliam partem regni tui, sicut dictum est in occiduis partibus, sit alterutrum quod sit, sit Comitum, sit Villanorum. Septimum est, ut omnis homo teneat homines suos in fide jussione suâ, contrà omne furtum. Si tunc sit aliquis qui tot homines habeat quod non sufficiat omnes custodire, praepositum talem praeponat sibi singulis villis qui credibilis ei sit, & qui concredat hominibus. Et si praepositis alicui eorum hominum concredere non audeat, inveniat XII plegios cognationis suae qui ei stent in fide jussione, Et si Dominus vel praepositus, vel aliquis hoc ins…ringat, vel abhinc exeat, sit dignus eorum, quae apud Grateleyam dicta sunt, nisi Regi magis placeat alia justitia. Octavum, Quod omnibus placuit de scutorum opere, sicut dixisti. Precamur Domine misericordiam tuam, sit in hoc, sit in alterutrum, vel nimis, vel minus, ut hoc emendare Iubeas juxta velle tuum. Et nos devotè parati sumus ad omnia quae nobis praecipere velis, quae unquam aliquatenus implere valeamus.
After this there was another kind of Parliamentary Council held at London, & not long after that, another at Thithamberig, wherein many consultations were had, & propositions made for suppression & punishment of Theeves and keeping of the peace, which the Iustices, Commissioners, and others appointed to keep the peace, and to take sureties of all men to the keeping thereof, concluded upon at London, and after submitted to the Kings Council, to enlarge or alter, as he should see cause; Who thereupon made some alteration and mitigation at Thithamberig, of what the King thought over-severe, in putting to dea…h those who were above 12 years of Age, for 12d. value, as these passages attest, declaring the proceedings of that Parliamentary Council.
(k)Chron. Ioh Bromt. col. 852, 855, 856.Hoc consultum est, quod Episcopi et praepositi qui Londoniensi Curiae pertinent, edixerunt, & jurejurando confirmaverunt in suo Fridgildo; Comites & villani in adjectione judiciorum, quae apud Grateleyam & Exoniam instituta sunt, & iterum apud Thundresfeldam.
Cap. 1. Et est imprimis haec, non parcatur alicui latroni supra 12 Annos et supra 12 d. de quo verè fuerit inquisitum quod reus sit, quin occidatur, & capiatur omne quod habet, &c.
Cap, 14. Nec tacendum est vel praetereundum, si dominus noster vel praepositorum nostrorum aliquis ullum Augmentum excogitare possit, ad nostrum Fridgildum; ut hoc gratanter excipiamus, sicut nobis omnibus convenit, & nostrum necesse sit, & in Deo confidimus, et regni nostri Domino.
Cap. 15. Si totum hoc ita complere volumus, res totius populi meliorabitur contra fures quam an…e… fuit, & si remissius egerimus de pace & vadiis quae simul dedimus, & quam Rex nobis praecipit, timere possumus, vel magis scire quod fures isti regnabunt, plus quam antè fecerunt, si fidem teneamus, et pacem sicut domino nostro placeat, quia magnum opus est ut insistamus et peragamus quo… ipse velit, et si amplius praecipiat cum omni jocunditate et devotione parati sumus.
Cap. 17. Item quod Sapientes omnes dederunt vadium suum, insimul Archiepiscopo apud Thundresfeldam quando Ealpheagus, Scyb, et Brithnodus Odonis …ilius veneruut ad Concilium ex ore Regis, ut omnis praepositus vadium capiat in suo comitatu de pace servandâ sicut Adelstanus Rex apud Fefresham, et quartâ vice apud Thundresfeldam coram Archiepiscopo, et Episcopis, et Sapientibus, quas ipse Rex nominavit qui interfuerunt et judicia conservaverunt Quae in hoc Concilio fuerunt instituta, &c.
Cap. 18. Item quod Adelstanus Rex praecepit Episcopis suis et praepositis omnibus in toto Regno suo, ut pacem ita custodiant sicut recitavit, et Sapientes sui.
Cap. 19. Item Rex dixit nunc iterum apud Thitlan…birig Sapientibus suis, et praecepit ostendi Atchiepiscopo et caeteris Episcopis, quod ei miserabile videtur, quod aliquis tàm juvenis occidatur, vel pro tàm parvâ re sicut innotuit ei quod ubique fiebat; dixit itaque, Quod ei videbatur et eis cum quibus hoc egerat, ne aliquis occidatur junior quam quindecim Annorum, nisi se defendere velit, vel aufugere, et in manus ire velit, ut tunc deducatur, sir major sit minor, qualiscunque sit, si se dederit ponatur in Carcere, sicut apud Greateleyam dictum est, et per idem redimatur &c. Praecepit Rex ne aliquis occidatur pro minori precio quam 12 d. nisi fugiat vel repugnet, ne dubitetur tunc licet minus. Si haec ita conservemus, in Domino Deo confidimus quod pax nostra melior erit quam antea fuit.
As these passages demonstrate the proceedings of the Parliamenrary Councils in that Age, (unknown to most, for which end I have transcribed them at large) so they clearly prove, that Theeves or Felons (much lesse other English Freemen) could not be imprisoned, killed, put to death, fined or ransommed, but by special Acts,Propos. 2, 4, 5, 6. and Laws made in General Parliamentary Councils, nor any Laws made, enacted, or altered in such Co…ncils, but by the Kings Royal Assent thereto, who then frequently summoned th…m, and all the Members of them, by writ and nomination, without the Peoples Election.
Henry de Knyghton, de Eventibus Angliae l. 1. c. 5. an… (i)See the History of Guy o… Warwick.some other fabulous Authors relate,Anno 932. that in the eighth year of King Aethelstans reign, Olaus King of Denmark, Golanus King of Norwey, and the Duke of Normandy, with 8 Dukes and 5 hundred thousand Souldiers, arived in England, Propos. 5, 6, 9, 10.bringing with them out of Africa, A Giant called Colybrand, the strongest and most famous at that time throughout the World; Whereupon King Aethelstan hearing of their comming, Congregavit Magnates, assembled his Noblemen at Winchester, to advice with them, how they might resist the Enemies and fight with them in Battel; Tha… whiles king Aethelstan vacaret tali Coneilio et congregatione po…uli sui in Wintonia, the foresaid kings came upon him with their Army, and besieged him Cum Baronia sua with his Batons, in that City for two years space. Neither durst the English fight with them by reason of their multitude and Power. In the mean time they made this Agreement, that king Aethelstan, should find out one Champion to fight a single Duel with Colybrand; that in all future times the Realm of England should be held of the King of Denmark under a Tribute, and if Colybrand were conquered by Aethelstans Champion, rhen Olaus should forfeit and disclaim the Realm of England for him and his Heirs for ever, and no King of Denmark should afterwards lay claim to the Realm of England, nor yet molest it. That the king in near one whole years space, could not find out a Champion to encounter Colybrand; whereupon he and his Nobles were very much troubled. At las…, God by an Angel from Heaven, directed the King to find out Guy of Warwick, comming thither as a Pilgrim, who undertook to encounter Colybrand; and after a sharp battel with him in the view of both kings and their Armies, cut off one of his hands, and after that his head. By which Victory the whole Land of England enjoyed the unviolated privilege of rest and Liberty from the Danish king, untill Cnute king of Denmark gained the Realm of England from Edmund Ironside. But this Relation being contrary to the truth of History, and the Stream of all our Historiographers, I shall repute it meerly fabulous; though I could not well omit it, for that Relation it hath to this my Theame an… precedent Propositions.
(k)De Gest. Reg. Ang. l. 2. c. 6. p. 52. Spelman. conc. p. 407, 408. Speeds Hist. p. 396. See Ingulph. Hist. p. 378.William of Malmesbury and others out of him record, that Elfrid (a Noble man) who opposed Aethelstans Title to the Crown, though in vain, intended to have seized on him at Winchester, and put out his eyes; but his Treason being discovered before it came to the Accomplishment, he was taken and sent to Rome to purge himself by Oath; where before the Altar of St. Peter and Pope Iohn the 10th, he abjured the fact, and thereupon fell suddainly down dead to the Earth, and being carried from before the Altar by his Servants to the English School, he there died within three daies after.Proposit. 2, 4, 5, 6, 10. Upon this the Po…e …ent to …he king, to advise what he should do with him, and …hether he should allow him burial with other Christia… C…rps. The king hereupon assembling a Council of his Nobles, to advise about it; Optimates Regionis … the Nobles of the Realm with a great Company of Elfrids kindred, earnestly requested of the King with great humility, that his body might be committed to Christian Burial. The King consenting to their Request, acquainted the Pope therewith; who granted him Christian Burial, though unworthy. Hereupon the Nobles adjudged all his Lands and Possessions great and small, to the King; who by their consent, …ropos. 2, 4, …, 6.10.granted and confirmed them all to the Abby of Malmesbury by his Charter, wherin he recites; Sciant Sapientes regionis Nostrae, non has praefatas terras me injustè Rapuisse, Rapinam que Deo Dedicasse, sed sic eas accepi Quemadmodum judicaverunt omnes Optimates Regni Anglorum. Insuper et Apostolicus Papa Romanae Ecclesiae Johannes; After which, reciting the Treachery, perjury and death of Elfred, with his Condescention to his Nobles and friends request aforesaid, he concludes thus. Et sic Adjudicata est mihi tota possessio ejus in magnis et modicis. Sed et haec Apicibus praenotamus literarum, ne quamdin Christianitas regnat, aboleatur; unde mihi praefata possessio, quam Deo et Sancto Peiro dedi, donatur; nec Justius novi quam Deo et sancto Peiro hanc possessionem dare, q…i aemulum meum in conspectu omnium cadere fecerunt, et mihi prosperitatem Regni largiti sunt.
To which Malmesbury subjoyns. In his Verbis Regis sapientiam, et pietatem ejus in Dei rebus suspicere par est: Sapientiam, eo quod animadverterat, juvenis presertim, non esse Dei Gratiosum de Rapinâ Holocaustum. Pietatem, eo quod Munus ultione divin… collatum, Deo potissimum non ingratus rependeret.
From whence I shall only observe, that Elsrid being a P…er of the Realm, dying perjured as a…oresaid, was ad…udged to forfei… all his Lands for Treason after his death only by his Peers in a Parliamentary Council, and that i… the king had seized on them without their judg…ment, it had been an unjust Rapine, by his own Confession; but being legally confiscated to him by their Judgement, it was no Rapine, but Iustice for him to seize… and Piety to dispose of them at his pleasure to this Church. What Churches and Monasteries he built and repaired throughout the Realm; What Lands he restored to St. Augustines Church at Canterbury on the day of his Coronation (by the Assent of his Bishops and Nobles) though long detained from it; and how he gave the Lands of Folcastan, in Kent, e…cheated by the Danes destruction of the Nunnery there, to Christ-church in Canterbury, you may read in the (l)Ingulph… Historia. p. 878. Chronic… VVill. Thorn, Col. 1778. Evidentiae Eclesiae Christi, Cant. Col. 2220. &c.Marginal Authors.
(m)de Gest: R. Ang. l. 2. c. 6. p. 51. See Ingulp. …ist. p. 877, 878.William of Malmesbury informs us, that Baldwin Earl of Flanders, sent Embas…adour by Hugh King of France, to King Ethelstan, to demand his Sister for his Wife, brought over with him divers rich presents, and Reliques (Amongst others, the Sword of Constantine the Great, the Lance of Charls the Great, and one of the 4 Nails that pierced our Saviours body, set in plates of Gold; A piece of our Saviours Cross inclosed in a Christal Case &c. all which he presented to the King and Lady) cum in Conventu Procerum, apud Abindonium proci postulata exhibuisset: Which intimates, that this King consulted with an assembly of his Nobles aabout his Sisters Marriage to the King of France, as a mater of Parliamentary consideration.
Ingulphus Hist. p. 876, 877, 878. records, that Turketulus was his Chancellor and chief Counsellour, who affected not Honors and Riches, refu…ed many Bishopricks offered him by the King, Tanquam …endiculas Satanae ad animas evertendas; and would never accept of any Bishishoprick all his life, being Content only with his own Lands and Wages: That all his Decrees were so just and legal, that they remained irrevocable, when once made: That he was a great Souldier, and fought most valiantly against the Danes, and often gloried and said, He was most happy in this, that he had never murdered nor maimed any one, Cum pugnare …ro patria, & maximè contra Paganos licite quisque possit; He esteeming the slaughter of such Pagan Enemies in defence …f his Country, lawfull, and no murther nor maim.
Anno 940.King Aethelstan, deceasing without i…ue, his Brother Edmund succeeded him An. 940. who upon the false suggestions of some of his Souldiers and Courtiers, (n)Malmesb. de G…st. R…g. Angl. l. 2. c. 7. Hoveden Annal. pars prior, p. 422. Ingulp. Hist. p. 878. Huntindon Hist. l. 5. p. 355. Ethelwerdi Hist. l. 4. c. 6. Chron. Iohan. Bromton, Col. 856, 857, 858. Mat. VVestm. et Wigorn. …n. 940. to 946.dedeprived Dunstan (whom he had made his Chancellour, and one of his privy Con…cil, year ranked amongst the Royal Palatines and Princes of his Realm) of all his dignities and Offices. The very next day after, being like to break his Neck as he rod a hunting over a steep Rock, had not his horse miraculously stopped at the Rocks brink in his full carier, he immediatly sent for Dunstan; and to repair the injury done him, rod presently …o Glastonbury, and made him Abbot thereof. Presently after, Anla…fe King of Norwey, whom Aethelstan had driven out of the Kingdom of Northumberland, came with a great Navy and Army to York, being called in by the persidious and rebellious Northumberlanders, who instantly revolted to him, and elected him for the…r King. Whereupon he marching Southward wi…h a puissant Army, purposing to subjugate the Realm of England to himself, King Edmund gathering his forces together, encountred him, and after a bloody battel fought a whole day between them at Leicester, with great loss on both sides,Proposit. 4. Odo Archbishop of Canterbury and Welstan Archbishop of York perceiving the danger on both parts, and the Destruction of the Realm, made this Agreement between them; that Anlaffe should quietly enjoy the whole Northeast part of England, lying North of Watlingstreet; and Edmund all the Sou…hern part thereof, during their joynt Lives, and the Survivor of them enjoy the whole Realm after the others decease: B…t Anlaffe soon after wasting the Church of St. Balter, and burning Tivinagham with fire, was presently seised on by Gods avenging Iudgement, and miserably ended his life.
About the year 940. (o)Spelman. Concil. p. 408, 411. &c.Hoel Dha, Prince of all Wales, Anno. 940.sent for six Laymen, eminent for authority and knowledge, out of every Kemut, or hundred of his Realm, and all the Archbishops, Bishops, Abbots, & Priors of his Realm, digni…ied with a Pastoral staff; who continuing all tog…ther, in prayer, fasting and consultation all the Lent, did in this Welsh Pa…liament, make and enact many Civil and Ecclesiastical Laws, which they divided into 3 parts and books, Propos. 5.2……or the better Government of the Realm and Church; which you may read in Spelman. In the 22 Law whereof they thus determine: Tres autem sunt hom…nes quorum nullus potest per Legem impignora…e contra aliquod Iudicium: Primus est Rex, ubi non poterit secundum Legem in Lite stare coram judice …uo agendo vel respondendo, per dignitatem naturalem, vel per dignitatem terrae, ut Optimas, vel alius. So that by the Laws of those times, nor only the Kings of England, but even the petty Kings of Wales were by their very Natural and Royal Dignities, exempted from all personall Tryals and Iudgements against them in any Courts of Iustice, seeing they had no Peers to be tryed by.
In the year 940 (p)Simeon Dunelm. Hist. de Dunel. Eccl. c. 16. col. 23. c. 24.Reingwald [or Reginald) the Dane comming with a great Navy into Northumberland, slew most of the best Inhabitants of that Realm, or drove them out of it. He likewise seized upon all the Lands of St. Cutbert, and gave his Lands to two of …is Souldiers; one of them called Scula, who afflicted the miserable Inhabitants with Grievous aud intollerable Tributes; whence even unto this day, the Yorkshire-men as often at they are compelled to pay Tributum Regale,Propos. 1, 4. A Royal Tribute, endeavour to impose a pecuniary Mulct on the Land which this Scula possessed, for the easing of themselves. Scilicet Legem deputant, quod Paganus per Tyrannidem fecerat, qui non legitimo Regi Anglorum, sed barbaro et aliegenae Regis Anglorum hosti militabat, Nec tamen quamvis multum in hoc Laboraverint Pravam Consuetudinem huc usque Sancto Cuthberto resistente Introducere potuerunt; writes Simeon Dunelmensis. The other part of those Lands one Onlasbald seised upon; who was much more cruel and oppressive to all men than Scula; extraordinarily vexing the Bishop, Congregation, and People of Saint Cutbert, and particularly seising upon the Land belonging to the Bishoprick; Whereupon the Bishop oft endeavouring by perswasion to draw him to God, and entreating him to lay aside the obstinate rigor of his mind, and refrain himself from the unlawfull Invasion of the Churches Lands, else if he con…temned his admonitions, God and St. Cutbert would severely avenge the Injuries done by him to them, and others. He with a diabolical mind contemning his admonitions and Threats, swore by his Heathen Gods, that he would from thenceforth be a more bitter Enemie towards St. Cuthbert and them all, than ever he was before; Whereupon the Bishop with all his Monks falling prostrare on the earth, earnestly prayed to God and his holy Confessor, to annul those proud Tyrants Threats; who was then comming into the place where they were praying, having one foot within the Door, and the other without; in which posture he stood there immovably fixed, as if both his feet had been nayled, being able neither to go out nor come in, but standing immovable, till being long thus tortured, he there gave up his mi…erable soul in the place: with which example all others being terrified, would no further presume by any means to invade the Land, nor any thing else belonging of right to the Church.,
Anno 941.(q)Mat. West. e… Wigorn. An. 941. to 946. Hu…t…ngd. Hist. l. 5. p. 355, Hov. Annal. pars prior p. 421. Ethelw. Hist. l. 4. c. 6. VVilliam Malmesbury, De Gest. Reg. l. 2. c. 7. Simeon Dunelm. Hist. de Dunelm. Eccl. c. 18. col. 26. et de Gest. Reg. Angl. col. 134, 155, 156. Ethelr. Ahbas de Gen. Reg. Ang. col. 358. Pol. l. … c. 7. Fab. Caxt. Grast. Holinsh. Speed in the life of king Edm.Anno 941. the Rebellious o Northumberlanders preferring disloyalty before the Fealty which they owed unto Magnificent Edmund King of England, elected Anlaff (King of the Nor…eyans) for …heir King, Son to the former Anlaff; who perishing suddenly for his Sacrilege (as aforesaid) he and Reginald, the Son of Garthfrith, after their Baptism, breaking their faith and Agreement with King Edmu…d, by invading his Dominions. Edmund thereupon by force of Armes expelled them both out of the Realm of Northumberland, and united it to his own kingdom; and wrested Lincoln, Nottingham, Derby, Leicester, and Stamford out of the hands o… the Usurping, insolent, oppressing Danes, with all Mercia; subduing and reducing the Monarchy of all England unto himself; extirpating all the Pagan Danes with their infidelity; restoring Christianity to its Lustre, and the English to their Possessions and Liberties. The year following he wasted and subdued all Cumberland, and pillaged the people of all their goods: And because the people of that Country were perfidam & legibus insolitam, perfidious and unaccustomed to Laws, so that he could not totally subdue and civilize them, having harrowed it with his Army, and put out the eyes of the two sons of Dummail,Propos…t. 3, 7. King thereof, he gave the Country to Malcolm King of Scots, to be held of himself, upon this Condition, that he should assist him, and defend the Northern parts of England by Land and Sea from the Incursions of invading Enemies.
This King Edmund after the Conquest and Expulsion of his Enemies,An. 944. by the advise of Dunston and his Chancellour Turketulus, (r)Chron. Ioh. Bromt. col. 858. to 862. Spelm. Concil. p. 415. to 428… Lambardi Archaion, Polychron. l. 6. c. 7. Malmesb. de Gest. Reg. l. 2. c. 7. Ingulphi Hist. p. 878.made good Lawes, and ordinances, Ecclesiastical and Civil, for the Government of his Realm; for which purpose, about the year of our Lord 944, he as…embled a Parliamentary Council of the Clergy & Laity at London, to consult and advise with them in the making of his Lawes. Which the Proems to them, thus expresse. Edmundus Rex ipso solenni Pascatis festo Frequentem Londini tam Ecclesiasticorum quam Laicorum Caetum celebravit, as one version out of the Saxon; Or… Congregavit magnam Synodum Dei ordinis et saeculi; as ano…her …anslation renders it, cui interfuit, Odo, et VVulstanus Archiepiscopi, et alii plures Episcopi… ut animorum suorum, Proposit. 5…et, …orum omnium, qui eis curae sunt consuleretur saluti; And this Proem of King Edmund, himself thus seconds, (s)Bromt. Spel. Lamb. …uo supra.Ego Edmundus Rex omnibus qui in d…tion… ac potestate meâ sunt, senibus & juvenibus, clarè significo, Me à scientissimis Regni mei in celebri Ec…le… sticorum quam Laicorum frequentiâ, studiose requisivisse, quo tandem pacto Christiana proveheretur fides, &c. Or, Mando, & praecipio omni populo Seniorum & Iuniorum qui in Regione mea sunt, Ea quae Investigans Investigavi cum Sapi…ntibus Clericis & Laicis: In this Council there were three parcels of Laws made; the one, meerly Ecclesiastical; the other, meerly Civil; the third, mixt of bo…h… And in this Council, I conceive, the Constitutions of A…chbishop Odo were read and ratified. The greatest par… of the Civil Laws there made, were against Murder, bloodshed, fighting, breach of Peace, Theft and Perjury: In the last parcel of these Laws, cap. 5. The King gives God and them thanks, for assisting him in making these Laws, in these words; Maximas antem & Deo & vobis omnibus ago gratias, Qui me auxilio vestro in hac pacis quam nunc ad prostigandos fures sancivimus,P…oposit. 5. Lege adjuvistis; ac vehementer con…ido, eo vos propensius Nobis in posterum opitulaturos, quo hujus Decreti observatio magis vi…ebitur neces…aria.
About the same year, 944. (t)Chron. Iohan. Bromt. col. 859.this King assembled another Parliamentary Council of his Bishops and Wisemen at Culinton, where they enacted 7 other Laws, Principally against Theeves, together with an Oath of Allegiance to king Edmund, Proposit. 5, 4, 7.thus prefaced. Haec est Institutio quam Edmunds Rex, & Episcopi sui, cum Sapientibus suis instituerunt apud Culintoniam de pace & Iuramento faciendo. The two first of these Laws I shall transcribe as pertinent to my Theam.
Cap. 1. Imprimis, ut omnes jurent in nomine Domini, pro quo sanctum illud sanctum est, fide…i…atem Edmuudo Regi, Sicut Homo debet esse fidelis Domino suo,Proposit. 7. sine omni controversiâ & seditione, in manifesto, in occulto, in amando quod amabit, Nolendo quod, noluit; et antequam Iuramentum hoc dabitur, ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo.
Cap. 2. Vult etiam, ut ubi fur pro certo cognoscetur Twe…fhindi et Twifhindi (that is me… of 600 or 200 s. Land by the year) consocientur et exuperent eum vivum, vel mortuum, alterutrum quod poterunt; …t qui aliquem eorum infaidiabit, qui in eâ quaestione fuerint, sit inimicus Regis et omnium Amicorum ipsius. Et si quis adire negaverit, et coadjuvare nolit, emendat Regi cxx s. vel secundum hoc pernegat quod nescivit, et hundredo xxx s.
From whence it is apparent, That all Oaths of Allegance; and Laws against Theeves and other Malefactors, were then made and enacted in Parliamentary Councils assembled for that purpose, and all fines, for offences imposed, and reduced to a certainty only by Parliament. And by the last parcel of King Edmunds Laws in Bromton, it seems, the manner of contracting Marriage was then prescribed and setled by a Parliamentary Council.
This King (u)Chron. VVil. Thorn. col. 21. c. 25. Evid. Eccles. Christ. Cant. col. 2221. Sim. Dunelm. Hist. de Eccles. Dun…lm. l. 2….19. col. 25.Edmund, as he gave and restored by his Charters to Christ-Church and St. Augustines in Canterbury several Lands unjustly taken away from them by his Predecessors, free from all secular services, except expedition and building of Bridge and Castle; and ratified the Laws and Privileges of St. Cutberts Church at Durham, by consent of his Bishops and Nobles; So likewise, (x)Malm. de Gest. Reg. l. 2. c. 7. Sp…lman concil. p. 4.27.Anno 944. he granted by his Charter, (written in golden Characters) sundry large Liberties, together with the Mannor of Glastonbury to the Abbey of Glustonbury, Consilio et consensu Optimatum meorum (then assembled in a Paliamentary Council at London) ratifying the Privileges granted to the Monastery by King Edmund his Father, Propos. 4.10.E…frid, Centwine, Ina and Cu…hred, et nè quisquam mortalium, scu Episcopus, vel Dux aut Princeps, aut quilibet ministrorum eorum audeat eam omnino intrare caus… placitandi, vel c… piendi, vel quidquam faciendi, quod contrarium fore possit imbi Deo Servientibus, Dei indictone prohibuit.
An. 945.(y)Mat. W…st. An. 945. p. 366. Chron. Ioh…n. Brom. col. 8…8.In the year 945. this King Edmund gave many Lands and Privileges to the Monastery of St. Edmundsbury, by his Charters; quam subscriptione Episcorum, Comitum et Baronum piâ devotione roboravit, (most probably in the Parliamentary Council, of London, Proposition 10.at Culington where they were all assembled.)
Anno 946.(z)Mat. West. Wig. Malm. Hunt. Hov. Ingulph. Sim. Dunelm. Brom. Wil. Thorn. Polch. Aelredus, Fab. Gra…t. Caxton, Holinsh. Speed, An. 946. and in the life of Edmund.King Edmund, in the year 946. celebrating with great Solemnity …he Feast of St. Augustine (which the English accustomed to celebrate every year) at Canterbury, as some, or at Pulcherkirke (now at Puckel-Church in Glostershire) as others, or Michelesberith, as M…tthew Wes…minster stiles it) as he was fitting at Dinner in the Hall amidst his Nobles and Courtiers e…pyed a notable Thief c…lled Leoff (whom he formerly bani…hed for his theft) stand in the Hall: Whereupon he not enduring his sight, commanded his Butler to thrust that Thief presently out of the Palace: who refusing to depart upon the Kings Command and resisting the Butler,Proposit, 2, 8. the King therupon in a rage rising suddenly from the Table, took the Thief by the Hair, and threw him to the Ground: whereupon the Traitor feeling himself hurt, and the King lying upon him, presently drew out his Knife; which he carried secretly about him, ript up the Kings bowels and slew him with it; which the Knights and Souldiers perceiving, rushed all upon the Thief, and with their Swords and Knives chopped all his fl…sh and bones into small pieces. Some …istorians write, that he slew some of the Kings followers likewise, and wounded more of them, and so escaped in the midst of the Tumult, Sicque clarum regalis Convivii principium, nebulosus rerum Gestarum exitus terminavit. Communi ergo decretum Concilio: It was thereupon decreed by a Common Council, that his Body should be interred in Glastonbury Abby. Abbot Ethelred gives this Encomium of him.(a)De Gen. Reg. Ang. col. 358. Erat autem pat…is Edwardi in omnibus imitabitor, homo simplex & rectus, et timens Deum, et usque ad sinem vitae suae permanens in innocentiâ suâ.
(b)Mat. West. VVig. Sim. Dunelm. Hunt. Hov. Malm. Brom. Aelred. Polyc. Fab. Ho… Speed An. 946. and in the li…e Edred, E…helw. Hist. l. 4. c. 8.Edred his Brother,Anno 946. &c. succeeded him the same year in the Throne, and was crowned King at Kingston by Odo Archbishop of Canterbury; Edwin and Edgar King Edmunds Sons, being put by, because of their Infancy; quia tepugnante legi…i…â …tate pa…ri succedere non valebant, as Matthew Westminster renders the reason.
No sooner was he crowned, but entring into Northumberland, with a great army, he subdued the rebellious Northumberlanders, who refused to bear the yoak of his government, reducing them all under his obedience. Wherupon Wulstan Arc…bishop of York, and all the Nobles of the Northumberlanders swore fealty to King Edred, which they did not long observe. After which King Edred en…red with Banners displayed into Sco…land, P…opos. 8.whereupon the Scots, strucken with a fear, without any resistance, or war, swore homage and fealty to him as to their true Lord, as well as the Northumberlanders; which Oath they soon violated: For no sooner was Edred returned with his Army into the Southern parts, but Anlaff who was chas…d out of Northumberland, returning thither again with a great Fleet, was joyfully received by the Nor…humberlan…r…, …nd restored by them to the Throne of the Kingdom, which he kept by force near four years. But in the fourth year the Northumberlanders using their accustomed treachery aud disloyalty, chased away their King Anlaff, and received Hirc or E…icus s…n of Harald, …or their king, who held the kingdom but a short time; for the People of the Country, not long enduring any king as they ha… lightly received Hirc for their king… so in the third …ear of hi… Reign, they as lightly rejected him… and calling king E…red to them of their own accord, recei…ed him again for their Soveraign, and s…t him in … others relate; That king Edred Anno 948 was so incensed with the Northumberlanders for their treachery towards him, in chusing Hirc for their king, against their Oath of Allegiance sworn to him; that he wasted all Norshumberland with fire and sword and famine, et penè ex hominibus delevit; But some of the Northumberlanders in his return from thence, sallying out of York with their forces, cut off some of the Rear of his Army ar Cesterford; wherwith king Edred was so enraged, that he resolved presently to return, et totam illam terram penitus desere, and ututterly to destroy all that Country. Which the Northumberlanders hearing, they were so terrified, that they rejected their new King Hirc, and received Edred for their Soveraign, satisfying the King with Honors, and the Damages and Wrongs they had done unto him, with Gifts, and no small Sums of Mony. These treacherous Rebellious Northumberlanders after Edred and Hirc, had no particular King at all to rule over them, but only Dukes, whose names and successions Anno 951.(with their Treachery towards and Rebellions against them) you may read at leisure in Roger Hoveden, who subjoyns the History of them immediately to this relation.
This King Edred (about the year 951. (c)Mat. West. An. 951. p. 357. Malm. de Gest. Reg. l. 2. c. 7. Sim. Dunelm. Hist. col. 356. Flor. VVig. An. 952, 954 Roger Hov… Annal pars prior, p. 42…, Thomas Stubs, Acta Pontif. Ebor. c. 1669. Godw. Catalogue of Bishops, p. 443, Antiq, Eccles. Brit. p. 49. Propos. 2, 3.close imprisoned Wulstan Archbishop of York in Withaubrig, and suspended him from his Archbishoprick, near a whole year, for certain causes of which he had been frequently accused to him; but especially for countenancing and harbouring the rebellious perjured Northumberlanders and the Danes, a Heathen people, who not only sought to destroy his Native Country, but also to root out Christian Religion, for which he deserved a thousand deaths: and exciting them both against his Soveraign King Edred, contrary to their Oath; and for killing the Citizens of Thetford in a tumultuous manner, in revenge of the death of Abbot Adelm, whom they had causelesly murdered. Norwithstanding all which, about a year after he was enlarged and restored to his Bishoprick; Malmesbury and Abbot Eth…lred, record of king Edred, that he made his Palace altogether a School of Virtues, obeying Dunstans Counsels in all things, et Justissimis Legibus subdi…os Regens, and governed his Subjects by most just Laws.
I read only of one Great Parliamentary Council held under King Edred, Anno 948.and that was at (d)Ingulphi Hist. p. 874, 875, 876. Hoveden Annal. pars prior. p. 423. Mat. Westm. An. 948 Spelm. Concil. p. 428. Mr. Seldens Titles of Honour, part 2. ch. 5. p. 633.London, in the year 948. in the Feast of the Virgin Maries Nativity; Cui Universi Magnates Regni, per Regium edictum Summoniti, tam Archiepiscopi, & Episcopi, & Abbates, quam Caeteri totius Regni Proceres & Optimates, Londini convenissent, ad tractandum de negotiis publicis totius Regni; as Ingulphus and others record.
In which Parliamentary Council, when all the publike affairs were finished (which as it seems concerned the making and carrying on of that war against the Rebellious, Treacherous Northumberlanders, who brake their faith with King Edred, Propos. 5, 8, 9.and set up a King of the Danish race, as aforesaid,) the King in the presence, and by the consent of them all, restored, granted and re-confirmed by his Charter (dictated by Abbot Turketulus heretofore his Chancellour) all the Lands and Liberties formerly granted by Kings and others to the Abbey of Croyland, with sundry Mannors then given to it by Turketulus himself: wherein (amongst other Liberties) he granted to the Monks; quod sint qui…ti & soluti ab omni Scotto, Geldo, auxiliis Vicecomitum, Hydagio, & ab Secta in Schiris, Wapuntakis, Hundredis, Thrichingis & omnibus omnibus aliis curis & saeculi oneribus universis. Proposit. 1.This Charter was subscribed and ratified with the sign of the Cross, by all the Archbishops, Bishops, Abbots a…d Nobles, who gave both their Counsels and Assents thereto, as their subscripti…ns testifie, that …o it might be firm and perpetual. In the beginning of which Charter, this King, to shew, that he held his Crown only from and under God, thus stiles himself. Ego Edredus Rex terrenus sub imperiali potentia Regis saeculorum aeternique Principis, Magnae Britanniae gerens Imperium, &c.
About the year of Christ 950, [e]Spelman. Concil. p. 429, 430, 502, 530.Nogui a Welsh King, An. 950, 955.being overmuch incensed with one Arcoit, wasted his Lands, and with too much fury, violated the Sanctuary, to which he sled. Whereupon Pater Bishop of Landa…fe assembled all the Clerks of his Diocess in a Synod, Proposit. 2, 4, 6, 10.to punish this Sacrilege and breach of Sanctuary: Which the King hearing of, desired pardon of the Bishop and whole Synod, for these offences in the Church of Mainnon, restoring all the things of the Church he had taken away, with satisfaction, and effusion of Tears. Whereupon, to obtain pardon and absolution for the penance they enjoyned him, he gave the parish of Guidcon, with all the Lands, Liberties and Commons apper…aining thereun…o, to God, and the Bishops of Landaffe for ever, to be held in Frankalmoighne. Some five years after (Anno 955.) Ily a Deacon slaying one Merduter, and slying into a Church for Sanctuary; thereupon his kins…olk, and some of king Nogui his family, forcibly entring into the Church, flew Ili before the Altar, sprinkling his blood both upon the Altar and Walls of the Church; Whereupon Pater Bishop of Landaffe, assembled a Synod of all the Priests, Deacons, and Ecclesiastical persons within his Diocess, to excommunicate the Delinquents; which King Nogui and his Nobles hearing of, fearing the Malediction of the Church, the weight whereof they du…st not undergoe, sent for the Bishop, and upon con…ultation, by advice of the Doctors of both sides, delivered up the Murderers into the Bishops hands, who sent them to the Monastery of St. Teliavi, where they were kept 6 Moneths in Iron Chains. Aft…r which they were excommuuicated. Synodo quoque Judican…e defini…um est, unusquisque eorum suum agrum, suamque totam substantiam, insuper & pretium animae suae (id est) septem Libras Argenti, redderet Ecclesiae quam maculaverat, determinantibus omnibus Divino Judicio, &c.
The Bishop rising up in the mid… of them, holding the Gospel in his hand, said to Nogui, lay thy hand upon this Gospel: Whereupon Nogui laying his hand upon it, said; Sit haec terra cum incolis suis, in sempiterna consecra…ione Deo, &c. & Patri Episcopo, & omnibus Episcopis Landaviae, Libera ab omni Laicali servitio, nisi tantum in oratione quo…idianâ in perpetuo. It seems the petty Welsh Kings, and their Courtiers, were all subject in those dayes to the Censures and excommunications of their Synods, for their Sacrilege, and other unrighteous Actions infringing the Churches Liberties. That their Synods had a Iudiciary Power, and that they could not convey Lands to the Church, but by the Consent and Iudgement of their Synods, which attested and ratified the same, as you may read in Spelman. Who likewise informs us, of another Welsh Synod held at Landaff…, about the year 988. wherein Arithmail Son of Nogui, King of Guenti, slaying his Brother Elised, was for this execrable Fratricide excommunicated by Gucan, Bishop of Landa…fe, and all the Synod, who thereupon submitting to the penance therein enjoyned him, gave certain Lands for ever in Frankalmoighne to God and all the Bishops of Landaffe, to purchase his absolution.
King [f]Wil. Malmesbury de Gest. Reg. l. 2. c. 8. de Gestie Ponti…icum, l. 1. p. 20. Mat. Westminster & VVigorn. An. 955, 957, 958, &c. Hoveden Annal. pars prior, p. 427. Ethel…re…us Abbas de Genealogia Reg. Angl. col. 358, 359. Chronicon Iohannis Bromton, col. 862, 863. Simeon Dnelmensis de Gestis Regum Angli…, col. 156, 157. Hygden Po…ychron. l. 6. c. 8. Fabian, Caxton, Holinshed, Grafton, Speed in the life of Edwin, Osburn, Gervasius Dorobern. Capgrave, Mat. Parker, and Godwin in the Lives of Odo and Dunstan. Fox Acts and Mon. vol. 1. p. 196. Antonini Chron, pa… c … Tit. 16. c. 6.Edred deceasing to the great grief of all hi… Anno 957.Sub…ects, his Nephew Edwin (formerly put by the Crown for his Nonage) was thereupon (though young) crowned King at Kingston by Archbishop Odo, An. 955. but in the second year of his reign 957. the Mercians an… Northumberians wholly cast off their obedience to him, and conspiring alltogether by unanimous consent, rejecting him from being their King, elected his Brother Edgar for their Sovereign Lord, Deo dictante & annuente populo: VVhereupon the kingdom was divided between them by the bounds of the River of Thames.
VVhat was the true Cause of this deposition and rejection of Edwin is very do…btfull: William of Malmesbury, Hovedeu, Matthew Westminster, Dunelmensis, Bromton, Henry de Knighton, Abbot Ethelred, Hygden, Florence of Worcester, and most of our old Historians being Monks, and over-much devoted to their Arch-Patron Dunstan, record: That the true Causes thereof were, First, His ill lascivious Life and Incontinency with Alfgiva his Concubine (as they write) and near kinswoman, from whom Archbishop Odo divorced him; and likewise with sundry other Concubines which he entertained in his Court, whom Odo excommunicated and banished thence. 2. His Indiscret and Tyrannical Gvernment contrary to his Laws. Proposit. 2, 4.1.
In slighting, depressing and destroying the Nobles and Wisemen of the Realm, who disgusted his lascivious Courses, and in favouring ignorant, unjust, vicious persons, and following their most wicked Counsels. 2. In banishing Abbot Dunstan, and seising upon all his Goods, only for Justice sake, because he reprehended him fo… his exorbitant vicious Courses (being then the chief swaying Grandee, and head of the Monkish faction.)
3. In forcibly thrusting out by Armed Souldiers all the Regular Monks throughout England, and casting them forth of the Monasteries, (there being then no Regular Monks in any Monasteries, but only in Glastonbury and Malmesbury as the Chronicles of Winchester, and others record:) then seizing upon all their wealth, and bestowing their Lands and Monasteries on secular and maried Priests, and afflicting these Monks in sundry other kinds.
But (g)Histor. l. 5… p. 356.Henry Arch-Deacon of Huntington, an antient, judicious, impartial old Historian, flourishing in the year 1148… mentions none of these particulars, in his life, but gives this honorable Testimony of his Government, tha… it was both prosperous, …lourishing and laudable. Rex Edwi non illaudabiliter Regni infulam tenuit; Anno R…gni sui Quiuto, cum in principio Regnum ejus decentissimè …loreret, prospera et laetabunda exordia mors immatura perrupit. And therefore Archbibishop (h)Antiq. Eccles. Brit. p. 47… to 54.Parker, (i)Catologue of Bishops in the lives of Odo & Dunst. p. 19, 20, 21, 22.Bishop Godwin, (k)History of Great Brittain. p. 403, 404.Speed, and (l)Spelm. concil. p. 429, 430.others conceive, that the true cause why the Mercians and No…thumbrians, (& those only, not the rest of his subjects and kingdom) rejected him, and s…t up his Brother Edgar (whose lasciviousness was more excessive, and vices more extorbitant in some degrees than Edwins, which yet our former Monkish Historians blanch or excuse) was the Malice of Dunstan, and Odo (the Pillars and Oracles of the Monkish Clergy;) who stirred up the Merciaus and seditious rebellious Northumbrians, against him, to set up Edgar in his stead, who was totally devoted to them and Dunstan, by whose Coun…els he was afterwards wholy guided, and built no less than 47 new Monasteries for the Monks, besides all those he repaired, in…ending to build three more had he lived, to make them 50 compleat; and likewise cast out the secular and maried Priests out of all Monasteries and Churches unless they would become Monks, re…lenishing all Monasteries & Churches with Monks alone. They likewise inform us, that the true causes of kings Edwins banishing Dunstan, ejecting the Monks, and seising their Lands and Treasures was, That Dunst…n had so bewitched Edmund, Edward, Athelstan, and Aedred his Predecessors, with the love of Monkery, as that they no… only took vio…ently from maried Priests …heir livings to erect monasteries, but also lavishly wasted much o… their own Royal Treasures, Lands and Revenues upon them, which they should have rather employed in resisting the common Enemies of God and their Country, the Danes: whereupon Edwin percei…ing that all the wealth of the Land was crept into Monasteries, not only refrained to bestow more on them, but recalled divers of those prodigal Gifts his Predecessors had granted them, which the Monks refusing to ren…er upon demand, he seize… upon them by armed Officers, as having indeed cheated his Predecessors and defrauded the Kingdom of them. They adde hereunto, that King Edrid had committed all his chief Houshold-stuff, Plate, Records, and t…e Treasures of all the Realm, with all the Magazines he had gotten, to Dunstans custody, and laid …hem up in …he Monastery at Glastonbury; yea, he committed his Kingdom, body and Soul unto him, So as all was wholly in Dunstans power, who alone managed all the publick affairs of the Realm, and exercised Regal Authority. And when King Edred in his sicknesse demanded all his Housholdstuff, Jewels, Monies and Treasures from him, Dunstan pretending to fetch them, before he returned with them, Dustan heard a voice (as our Monkish Writers fable) that Edred was dead in the Lord; and thereupon detained them in his and his Monks custody, being unwilling to part with them to young King Edwin his Successor, whereupon he seised on them by force, as of righ… belonging to him, and expelled Dunstan with his Monks. And so much the rather, because Dunstan presumed most impudently and violently, to rush into his Bed-chamber, and pull him out forcibly thence on the very day of his Coronation (contrary to all Christian and Princely …odesty) from the embraces of his beautifull and beloved Alfgina, which some Monks and these Historians report, to be his lawfull wife …not his Concubine, and not content therewith, he excited Odo Archbishop of Canterbury, publickly to divorce her from him; some say, for consanguinity only, and others for other Reasons. Whereupon the king betaking himself to his Concubines, Odo suspended him from the Church, excommunicated all his Concubines, caused one of them whom the king best affected, to be violently fetched out of the Court with armed Men, branded her in the forehead with an hot Iron, and then banished her into Ireland.
After which she returning into England, Odo apprehended her the second time, and cut off her Sinews at the Hock-bone. All which intollerable Affronts so incensed Edwin, that he banished and spoyled Dunstan with his Monks as aforesaid, and threatned Odo with severe punishments; none others in the Realm but these daring then to oppose him: hereupon they formerly and then bearing the greatest sway, by way of revenge, and to preveut Edwins further fury against them, stirred up the Mercians and Northumbrians to reject him, and that in a tumultuous manner, by force of Arme, in which Uproar Edgar gained possession of half his Kingdom. (m)Antiq… Eccl. Brit… p. 4, p. 153. Spelm. concil, p. 431. n…onius in his life.Matthew Parker and Sir Henry Spelman out of him, subjoyns, that by these civil dissentions raised between King Edwin and his Brother Edgar, they much weakned the forces of the Realm in many set Battels fought between them; till at last Edgar getting the better; Convocato ad Branfordiam Regni concilio, Fratris Edwini acta et decreta rescendit. Assemblong a Council at Brandford, he repealed all the Acts and Decrees of his Brother King Edwin, restored to the Churches and Monasteries the Treasures he had taken from them, Propos. 5.recalled Dunstan from his former banishment, and made him first Bishop of Worcester, then of London, and last of all of Canterbury.
[n]De Eventibus Angliae, l. 1. c. 5. col. 2312, 2313.Henry de Knyghton, a Canon of the Abbey of Leicester, relates, out of the History of Leicester Abbey; That Edwin being expulsed and shamefully thrust out of his kingdom, for his evil life, and exorbitant actions done against the Church, the Monarchy of England continued void above a year. Whereupon, many murders and wickednesses were committed, and infinite mischiefs happened amonst the people for want of Government, until holy men, both of the Clergy and People deeply affected therewith, humbled themselves, and uncessantly repented of their sins, and prayed day and night to God, that he would hear them, and mercifully relieve them in so great necessity, giving them such a King who might govern the Realm of England in such sort, as might redound to the honour of God, and profit of the Realm. That God beholding their prayers from on high, in the night silence, this voice was heard from God; That they should crown Edgar King, though but then a youth; who rejoyced with this Divine Oracle, (most likely by the Monks and Dunstans Legerdemain, the Divine Oracle that uttered it) speedily advanced Edgar to be King, being but 16 years old; and so he was elected and crowned King by a divine Oracle, which never hapned to any King of England in former times.
Anno 959.Upon Edgars Coronation [o]Ma…. …estminst. Wigorn. Et Sim. Duuelm. Anno 859. VVil. Malmesb. de Gest. Regum Angl. l. 2. c. 8. Ethelredus Abbas d… Genealogi… Regnum Angl. col. 359… 360. Graft. Chron. p. 154…and Dunstans restitution, An. 959. K. Edwin reigning in a decayed Estate, living in little Esteem, and wi…hout being desired, for very grie… thereof (as some write) he died, after he had for 4 years space, Libidinosiè simul & Tyrannicè, lustfully, and also Tyrannically depressed the Realm of England: Others a…firm, that he was deprived both of his Life and Kingdom, by the Rebellion of his Subjects: But his Monkish O…posi…es record, that he was taken away by an untimely Death by Gods Iust Iudgement, in the year of our Lord 959. Whereupon his Brother Edgar, ab omni populo electus, being elected king by all the people, united the kingdom into one, and obtained the intire Monarchy of the Realm, the kings of Cumberland, Scotland, and Wales … voluntarily submitting, and doing homage to him, without any effusion of blood, or war.
King Edgar [p]Chron… Iohan. Bromton, col. 867. Malmesb. de G…st. Reg. Angl. l. 2. c. 8 O…burn. Capgrave, Mat. Parker, & Godwin in the life of Archbishop Dunstan, Fox Acts and Mon. vol. 1. p. 200, 201. Speeds History, p. 407, 408.About the year of our Lord 963.Anno 963. contrived the death of Earl Ethelwald, who (as some Authors aver) against his trust, had cheated him of Elfrida, only Daughter of Ordgarus, Duke of Devonshire, the Paragon of her Sex, by disparaging her beauty to the king, and marrying her to himself. After which the king being extraordinarily ravished with the true reporr and sight of her transcendent beauty, thereupon (as Bromtons Chronicle relates) statim post octo dies, Rex Parliamentum suum apud Sarisberiam convocavit, Ubi cunctis suis Proceribus congregatis, de custodia terrae Northumbriae qualiter contra ingressum Danorum melius posset custodiri, tractaverunt; inter quos Ethelwolfus ad Custodiam Eboraci & patriae adjacentis, in illo erat Concilio deputatus. A clear Evidence, That Matters of defence against Common Enemies, and Guardians of the Sea-coasts against the Danes Invasions, Proposit. 5, 9, 4.were then debated and setled by the King and his Nobles in Parl. then usually summoned by our Kings for that end. Hereupon Earl Ethelwolfe travelling through the Forrest of Werewell towards his new VVardship, was there cruelly assaul…ed and murdered by some unknown armed per…ons, there placed in ambuscado by the king, as was commonly reported, and as some relate by king Edgar himself, who shot him through with an Arrow, as they were there hunting together. The slain Earls Bastard-Son being …here present, beholding his dead Corps, the king demanded of him, how such a hunting pleased him? who answered, very well my Lord and King; for that which please…h you ought not to displease me: which answer …o pacified this kings swelling mind, that he loved no person more entirely all his life than this Young man. Tyrannici facti offensam in Patrem sedulitate Regiâ in filium allevans, writes Malmesbury. This being done, the king with great joy bringing Alfrida to London, there espoused her, and the same day both of them wore a golden Crown, adorned with precious pearls, on their heads. Hereupon Archbishop Dunstan, the next morning, boldly rushing into the kings Bedchamber, whiles they were both in Bed together, demanded of the king; what Woman he had lying in bed with him? who answered, that it was his Queen; Dunstan by way of rebuke replyed; That he could not marry or retain her as his wife, without offending God, and the Laws of the Church, because he had been Godfather to her Son, often admonishing the king, that he would put her away, and be divorced from her: VVhichWhich he by reason of his ardent love towards her, and unsatiable lust with her, would by no means hearken to.
Anno 964.Anno 964. King Edgar heating of a Nun of incomparable beauty in the Monastery of Wilton, [r]Malmesb. de Gest. Reg. l. c. 8. Osburn, Capgrave, Surius, Matthew Parker, and Godwin in the life of Dunstan, Fox Acts and Mon. vol. 1. p. 201, 202. Speeds Chron. p. 407, 408. Spelm. Concil. p. 481.482.named Wilfrida, a Dukes Daughter, took her out of the Nunnery, and frequently admitted her to his Bed: VVich being commonly blazed abroad, Arch-bishop Dunstan understanding of it, with great passion, and i…dignation of mind came to the king; who seeing the Archbishop, arose from the Royal Throne to take him by the hand, and give him place. But Dunstan refused to take him by the hand, and with a stern countenance, bending his Browes, spake thus unto him. Thou that hast not feared to corrupt a Virgin, espoused to Christ, presumest thou to touch the consecrated hands of a Bishop? Thou hast defiled the Spouse of thy Maker, and thinkest thou by flattering service to pacifie the Friend of the Bridegroom? No Sir, his Friend will not I be, who hath Christ for his Enemy, &c. The king terrified with these and other thundering words of Dunstan, and compuncted with inward repentance for his perpetrated sin, fell down at Dunstans …ee… weeping: who raising him up again from the ground, began to relate unto him the hainousness of the fact: And finding the king ready to undergoe what ever satisfaction he should lay upon him, injoyned him this following Penance for 7 years space. That during these seven years he should wear no C…own; That he should fast twice every VVeek; That he should liberally distribute the Treasures left him by his Ancestors, to the poor; That he should build a Monastery of Nuns at Shastesbury; That as he had robbed God of one Virgin, through his transgression, so should he again restore many to him in time to come. Moreover, That he should expel Clerks of evil lives, (meaning secular Priests who had VVives and Children) out of Churches, and place Covents o… Mon…s in thei… room; That he shoul… enact just Laws, & such as were acceptable to God: and command the people to observe them through all parts of the Realm. VVhichWhich the king promising effectually to perform, was thereupon absolved, and vigorously set himself to execute what he had promised.Anno 966.
Hereupon, in the year 966. (s)Spelmanni Concil. p. 435, to 444. Mat. VVestm. & VVigorn. An. 963, 964, & Monasticon. Anglic.King Edgar founded the Monastery of Hyde near Winchester, filled it with Monks, endowed them wi…h large privileges and possessions, exempting them from all secular services whatsoever, but these; rata expeditione, Pontis Arcisve constructione; praescribed several Laws and Canons for the Monks thereof to observe, made by advice and consent of his Bishops and Nobles, and ratified by his Royal Charter, …ub…cribed by himself, his two sons Prince Edmund and Edward, his Queen, Grandmother, both the Archbishops,Proposit. 1, 10. 9 Bishops, 5 Abbots, 3 Dukes, and sundry others, with the sign of the Cross annexed to their names. In which Charter there is this solemn curse donounced against all the infringers and perverters thereof. Si quis autem hanc nostram Donationem in aliud quam constituimus transferre voluerit, privatus consor…io sanctae Dei Ecclesiae, aeternis Barathri incendiis lugubris jugiter cum Juda Christi proditore, ejusque complicibus puniatur, si non satisfactione emendaverit congrua, quod contra nostrum deliquit decretum.
The same year King Edgar by his regal Charter (recorded at large by (t)Histor. p. 880, 881, 882.Abbot Ingulphus) confirmed all the Lands and Privileges of the Abby of Croyland, Proposit. 6, 10.formerly granted and confirmed to them by King Edred and his Nobles, in the presence of both the Archbishops … Bishops, and Nobles assembled in a Council at London: who re…ned it with their fub…criptions, the …ign of the Cross, and a solemn excommunication (denounced by the two Archbishops and three Bishops more in Pauls Church London, in the presence of King Edgar his Prelates and Nobles, in Octavis Pentecostes] against al… Infringers …f this Charter and of their Liberties.
Anno 967.Abo…t the year 967 as some, or 969. as others compute, King Edgar in a Great Senate or Council, [u]Chron. Io. Brom. col. 870, 871. Lambardi A…chaion Spelman concil. p. … 443 to 476.by advise of his Wisemen, enacted divers civil & Ecclesiastical Laws and Canons, for the Government of the State and Church, thus pre…aced. Leges quas (or, hoc est Institutum quod) Edgarus Rex, freqenti Senatu, Consilio Sapientum snorum, Proposit. 5.a… D… gloriam… Regiae … ornam…tum, et Reipublicae utilitatem sancivit, or constituit. Propos. 2, 3, 4.The 7 and 8 of his secular Laws in the Latin, but 1, 2, 3. in the Saxon Copy, I shall only transcribe.
Hoc est institutio secularis quam volo per omnia …eneri. Volo ut omnis homo sit dignus juris publici, a…per e… dives quicunque sit; et eis justa judicia judicentur. Et sit in emendationibus remuno venialis apud Deum. Et apud seculum tolerabilis. Et nemo requiret Regem pro aliqua causa, nisi domi negatur ei omne dignum recti, vel rectum impetrare non possit. Et de nulla emendabili re foris faciat homo plusquam Weram suam (agreeable to our Kings Coronation oath, and Magna Charta) Et judex qui injustum judicium judica…it …licui, det Regi Cxx s. nisi ju…a…e a…deat, quod rectius judicare nescivit. Et qui aliquem injuste superdicere praesumat, Unde vita vel commodo pejor sit, linguae s…ae reus erit, &c.
Anno 969.Anno 966. there was (x)Ethelredus Abbas de Gen. Reg. Ang. col. 360, 361. Sim. Dun…lm. De Gest. Reg. Ang. col. 158. Chron. Io. Brom. col. 768. Mat. VVestm. VVig. Hov. An. 963, 969. Polych. l. 6. c. 10. Osh. Ger. Surius. Mat. Parker, Godwin in the life of Dunstan, Oswald, & Ethelwald. Fox Acts and Mon. vol. 1. p. 197 to 203. Spelm. conc. p. 476. &c. Baron. Anno 969.a general Council assembled at London by king Edgar, at the in…iga…on of Pope Iohn, and Archbishop Dunstan; wherein (as I conceive) the King made that elegant Oration, against the vicious lives of the Clergy; thus expressing his own duty and supremacy over all Persons and causes both Civill and Ecclesiastical. Justum proinde est, ut qui omnia subjecit …ub pedibus nostri…, …ub…iciamus illi et Nos et animas nostra…; et ut hi, quos nobis subdidit ejus …ubdantur Legibus, non …e…niter el…oremus E… meae quidem in…eres… Laicos cum aequitatis jure tractare; inter virum et proximu… suum justum judicium facere, punire sacrilegos, rebel…es …upprimere, eripere …opem de manufortiorum ejus, egenum et pauperem à deripientibus eum. Sed e… meae …ollicitudinis est, Ecclesiarum Ministris, &c. et necessaria procurare et paci eorum et quieti consulere. De quorum omnium moribus ad Nos spectat examen: si vivunt continenter, si honeste se habent ad eos qui foris sunt; s… in divinis officiis solliciti, si in Docendo populo assidui, si victu sobrii si moderati habitu, si in judiciis sunt discreti, &c. Ego Constantini, vos Petri gladium habetis in manibus; jungamus dextras, gladium gladio copu…emus ut ejiciantur …extra castra leprosi, ut purgetur sanctuarium Domini, et ministrent in Templo filii Levi, &c. After which directing his speech to Dunstan, Aethelwald, and Oswald, he concludes thus… Vo…i…istud committo negotium, ut Episcopali censura et authoritate Regia …urpiter viventes de Ecclesiis ejiciantur, & ordinatè viventes introducantur. Herupon there was a Decree made in this General Council, That all Canons, Priests, Deacons, and Sub-Deacons should live chastly (that is,Proposit. 4. put away their lawfull Wives, vow chastity, and become Monks) or relinquish the Churches they then held: The execution whereof was committed to Oswald and Ethelwald; Who thereupon compelled the Clergy in Worcester, Winchester, and other Churche… to become Monks, renuentes verò ab omni beneficio spoliarunt, depriving those who refused of all their Benefices, and putting Monks into them, qui novo quidem splendore vniversam Insulam illustrarunt, as our Monkish Writers record: or rather novo foetore contaminarunt, as others write (y)Chron. col. 868.Iohn Bromton informs us, that after the slaughter of the Nuns of Ely by Inguar and Hubba, the secular Priests enjoyed that Monastery one hundred years space;Propos. 4. whom King Edgar de Concilio beati Dunstani Archiepiscopi, & dicti E…he…waldi, ac m…gnatum Regni (in the forementioned General Council) expulit & fugavit for their dishonest conversation.
Bishop Oswald having ejected the married secular Priests out of his Church at Worcester, and introduced Monks in their places, did this year 969. as I conjecture from the premises (not 964. as Sir Henry Spelman computes it) [z]Spelman. Concil. p. 432 to 435. See Mat. Westm. VVigorn. and Hoveden, Anno 966. Sim. Dunelm. Hist. De Gestis Reg. Angl. col. 158.p…ocure King Edga… by the Counsel and assent of his Princes, Nobles and Bishops (most probably in the forementioned General Council, or that of London next ensuing) to ratifie this their ejection, and confirm the Church of Worcester, with all the lands, Proposit. 4, 6,goods, ecclesiastical & secular things thereto belonging to the Monks of that Church for ever, free from all secular servi…es and exactions, hard or easie, and from all siscal duties great and small, known or unknown, as well of the King or Prince, as of their Officers … exceptis Arcis, & Pontis extructione, et expeditione c…ntra hoestem. And that by the special Charter, called Oswald Law, subscribed by the King, Queen, both the Archbishops, and 3 Dukes.
[a]Mol…esb. de Gestis Reg. Angl. l. 2. c. 8. p. 57, 58. Spelman. Concil. p. 483, to to 488. Monast. Anglic.King Edgar, Anno 970.Anno 970. or 971. in the 12 year of his reign held another Parliamentary Council at London, where himself, his Mother Alfgina, Prince Edward his Son, Kined King of Scots, Mascusius his Admiral, both the Ahchbishops, with the rest of the Bishops, and all the Nobles and great men of the Realm were present, By his Charters made in and ra…ified by this Council, this King granted and confirmed many and very magnificent Privileges to the Monastery of Glastonbury communi Episcoporum, Abbatum, Principumque concilio, et generali, assensu, Pontificum, Abbatum, Optimatumque suorum, exempting the Monastery and Monks thereof, not only from all Episcopal Iurisdiction, but likewise all their Lands from all Tributes and Exchequer businesses for ever, Granting them Socam & Sacam. &c. Toll & Te…me… Ita libere et quiete, sicut ego habeo in regno meo: Ean…m quoque Libertatem & Po…estatem quam ego in Curia mea habeo, tam in demittendo, quam in punien…o, & in quibuslibet omnino negotiis Abbas & Monachi praefati Monasterii in Curia sua habeant. And which is a Privilege beyond all president, Si autem Abbas, vel quilibet Monachus loci illius latronem, qui ad suspendium vel quodlibet mortis periculum ducit… in itinere obvium habuerit, potestatem habeat eripiendi eum ab imminen…i periculo in toto Regno meo. The old Charter begins thus.
In nomine Domini nostri Jesu Christi. Quamvis Decreta Pontificum, & verba Sacerdotum inconvulsis ligaminibus, velut fundamenta montium sixa sunt, tamen plerumque tempestatibus & turbinibus saecularium rerum Religio sanctae Ecclesiae maculis reproborum dissipatur ac …ūpitur. Iccirco prosutu ū succeden… bus posteris esse decrevimus ut ea quae salubri Consilio et communi assensu definiuntur, nostris literis roborata …irmentur, &c. Hoc i…aque Dunstano Doroberniensi, atque Oswaldo Eboracensi Episcopo adhortantibus,Proposit. 6, 10. consentiente e…iam e… annuente Brithelmo Fontanensi E…iscopo, c…terisque Episcopis, Abbatibus et Primatibus: Ego Edga… divina di…po…ione Rex Anglorum, &c. And it concludes thus, Acta est haec Privilegii …a…ina, & confirma…a apud Londonium Communi Concilio omnium Primatum meorum: Then fol…ow …he su…criptions of King Egar, A…fgina his Mother, Prince Edward, Kinred King of Scots, Mascusius the chief Admiral, both the Archbishops, 6 Bishops, 8 Abbots, 3 Dukes, and other Officers: Which Charter and Privileges at the Kings request were ratified by Pope Iohn the 13 in a general Council at Rome, Anno Dom. 971. by a special Bull, that they might remain inviolable: yet both the Abbey it self, Lands, Privileges are long since demolished, dissipated, annihilated, such is the mu…abiliunity of all sublunary things.
The self same year (Anno 970.) [b]Ingulphi Historia. p. 883, 883.King Edgar by his Charter granted and confirmed sundry Lands and Privileges to the Monastery of Medeshamsted formerly demolished by the Danes, which Bishop Aethelwold had repaired, and named Burgh, perpetually exempting it from all Episcopal jurisdiction, yoak, and exaction; Quatenus nec Rex, nec Comes, nec Episcopus, praeter Christianitatem attinentium Parochiarum, nec Vicecomes, nec ulla alia major minorve persona, ulla dominatione occupare praesumat, excepta moderata expeditione, & Pontis Arcisve constructione. VVhichWhich Charter was ratified by the kings own subscription, both the Archbishops, sundry Bishops, Abbots, Dukes, and other chief Officers, and the sign of the Cross after each of their Names.
Anno 973.In the year 973. [c]Matt…h…w VVestm. VVigorn. Sim. Dunelm, Hoveden, Bromt. and others, An. 973. M…lmesb. de Gest. Reg. l. 2. c. 8, p. 10. Hen. Huntind. Hist. c. 5. l. 356. Hoved. annal. pars prior, p. 426, Malm. de gest. Reg. l. 2. c. 8. p. 56. Huntingd. Hist. l. 5. p. 356. Hov. Annal pars prior, p. 426. Mat. Westm. Flor. Wigorn. Simeon Dunel. An. 973, 974. Chron. Io… …r…m. col. 869. Ethel…edus. Geneal. R…g. Ang. col. 362. Polychron l. 6. c. 10. s. 238. He…. de Knyghton, De Eventi…us Ang. l. 1. c. 1. VValsing. Hist. Ang. p. 51. Fox Acts and Mon. vol. 1. p. 200. Caxton, Gra…ton, Fab. Holinsh. Speed, Baker, and others in the life of Edgar. Mr. Seldens Mare Clausum. l. 2. c. 11, 12King Edgar after his seven years penance expired, on the Feast of Pen…ecost in the 30…h year of his age, was solemnly Crowned, and consecrated King … and wore his Crown with great glory at Akemancester, alias Bath, both the Archbishops Dunstan and Oswald, with all the rest of the Bishops of England, ac Magnatibus universis, and all the Nobles being there pre…ent at his Coronation, and received the accustomed Gifts usually given to the Nobles being at such inaugurations. Soon after the same year this King with a very great Fleet and Army sayling round about the Northern parts of England came to Westchester, where his eight tributary Kings or Vice-royes, (namely Kyneth king of Scots, Malcome King of Cumberland, Marcus king of Man, and many other Ilands, and the other 5 kings of Wales, Dufn…ll, Siferth, Howel, Iames, and Iuchill) met him as he had commanded …hem, and swo…e … him in …he…e words: That they would be faithfull aud assisting to him both by Land and Sea. W…ich done, he on a certain day en…red wi…h them into a Barge, and placing them at the Oares, himself took the Helm, and steered the Barge very skilfully whiles they rowed it down the River of Dee from his Palace to the Monastery of St. Iohn Bapist, on the other side, all his Dukes and Nobles fol…owing and accompanying him in other Barges: where having made his Prayers, they all rowed him thence back again in like pompe to his Royal Palace; which when he had en…red he said to his Nobles:Anno 974. Tha… any of his Successors might then say he was King of England, when wi…h so many Kings following and subject to him, he should enjoy the Prerogative of the like pompe and power. Bu… Mr. Fox subjoyns; In my mind this king had said much b…tter: God …orbid that I should glory in any t…ing but in the Cross of our Lord I…sus Christ.
(e)Mat… West. An. 974.374, 375. Hen… Hun…ingd. Hist. l. 5. p. 356. Chron. Io. Brom. col. 867. De Gest. Ang. l. c. 8. p. 58. I…gulphus, Histor. p. 884.The year following An. 974. Certain Merchants comming from York, arived in the Islle of Thanet in Kent, where they were presently taken by the Ilanders and spoyled of all their goods; which king Edgar being informed of, was so far incensed against these Plunderers,Prop…s. 2, 4. that he spoyled them of all their Goods, and deprived some of them of their lives; Which Huntingdon and Bromton thus record. Rex Edgarus undecimo Anno Regni sui jussit praedari Insulam Tenet, Quia jure Regalia spreverant: non ut hostis insani…ns, s… ut Rex malo mala puntens. The same year as (f)De Gest. Reg. l. 5. c. 8. p. 28.Ma…mesbu…y, (g)Histor. p. 883. &c.Ingu…p…us and(h)Spelman. concil. p. 488, 489. others write, king Edgar, by his regal Charter, caused the secular Priests to be removed out of the Monastery of Malmesbury and introducing Monks in their places, restored to them the Lands and Possessions of the monas…ery, which the secular Priests formerly enjoyed and had leased o…; … that upon a ful… hearing before the Wise-men, Propos. 4, 6,Bishops & others in his presence, most likely in a Par…iamentary Counci…, as …his c…au…e in his Charter intimates. Haec a praedictis accommodata Cl…ricis, a con…ensioso possessa est Ed…no…: s…d superstitiosa, sub…il que ejus discept…tione a Sapientib…s meis audita, …t conflictatione illius mendosa ab eisdem me praesente convicta, Monasteriali a me reddita est usui. If the Council of Winchester (hereafter cited Anno 975.) was held in King Edgars life time, as (h)Chron. of VVinton Spelman concil. p. 491.some affirm, most probably this debate here mentioned touching these Lands, was held in and before that Counci…, and this Charter therein made and ratified with the subscriptions of the Kings, Arch-bishops, Bishops, Abbots and Dukes thereto annexed, according, …o the custome of that age.
Although King (i)Malm. de Gest. Reg. l. 2. c. 8. Athelredus. de Genealog. Reg. Ang. col. 359, &c. Polychron. l. 6. c. 9, 10, 11. Henry Knyghton de Eventibus Ang. l. 1. c. 2. Mat. VVestm. VVigorn. Ingulphus, Huntingdon, Hoveden, Brom. Sim. Dunelm. Wil. Thorn, Fah. Caxt. Holinsh. Graft. Speed, Baker in his life. Osburn, Capgrave, Surius in the life of Dunstan, Spelman. concil. Mr. Seldens Mare Clausum. l. 2. c. 11, 12. and others.Edgar in his younger daies was subject to many Vices, and committed some injurious Ty…ic… A…s, recorded by Malmesbury, Fox, Speed, and others; yet repenting of these his youthfull, lustfull Vices, he proved such a just and prudent King, that [i]Malmesb. de Gest. Reg. l. 2. c. 8. Ethelredus de Genealogia Reg. Angl. col. 359. &c. Polichron. l. 1. c. 9, 1, 11. Hen. Knighton de Eventibus Angliae, l. 3. c. c. 2. Mat. Westm. Wigorn. Ingulphus, Huntindon, Hoveden, Bromton, Simeon Dunelm. Wil. Thorn, Fabian, Caxton, Holinshed, Graston, Speed, Baker in his life, Osburn, Capgrave. Surius in the life of Dunstan. Spelmanni Concil. Mr. S…lden. Mart. Clausum, l. 2, c. 11.12. Antonini Chron. p. 2. and others.our Historians of elder and later ages give these large Encomiums of his Justice, Prudence, Piety, Vertues, and poli…ique Government: wor…hy perpetual memory and immitation. So excellent was he in Iustice, So sharp was he in correction of Vices, as well in his Magistrates, Officers, and other Subjects; that never before his days was less felony by Robbers, nor less extortion or Bribery by false Officers; such as were wicked he kept under, them that were Rebels he repulsed, the godly he maintain…d, and the just and modest he loved; the learned and vi…tuous he encouraged: He would suffer no man of wh…t de…ree or quali…y soever he were to elude or violate his Laws without condigne punishment. In his time there was neither any private Pilferer, nor publ…ke Theef, but he that in stealing other mens Goods, would venture and suffer (as he was sure) the loss of his own Goods, and Life. He was no respecter of persons in …udgement; but judged every man according to the quantity of his Offence, and quality of his person. He united all the Nations under him, which were divers, by the Covenan… and Obli…tion of one Law: Governing them all with such Iustice, Equity, Integrity and Peace, that he w…s stile… Rex, … Edgarus Pacificus, t…e p…aceable King Edgar. In his days, not …orments, not Gibbe…s, not Ex…le, not banishment were so much feared, as the offending of so good and gracious a King. He built and endowed no lesse than 48 Monasteries, and restored many more, endowing them with large possessions, privileges, (out of Piety and Devotion, …s these times reputed it) & was a great honourer, lover, promoter of the vertuous and learned Clergy, and suppressor of the vicious and scandalous. There was scarce one year throughout all his reign wherein he did not some great and memorable necessary thing for the good of his Country and people, the honour of God, and advancement of Religion. All which made him so honoured and beloved by his Subjects at home, so far d…eaded by his Enemies abroad; that Nullas Domesticorum insidias, nullum exterminium alienorum sensit: He never felt any homebred treachery, or forein invasion, but reigned peaceably all his days… without war or bloodshed, which none of his Predecessors ever did. He was so far from tollerating any violence or rapine in men towards each other, that he commanded all the Wolves and ravenous Beasts, greedy of blood, to be destroyed throughout his Dominions: And such an Enemy was he to Drunkenness (the Mother of Vices, Murders Quarrels, Thefts,) wherewith the Danes had much infected the English, that to prevent and redress it, he caused Pins to be set in every Cup, prohibiting by severe Laws and Penalties, that none should force others to drink, nor yet d…ink below …hose Pins, in that moderate proportion which he prescribed them. Among other his Politick deeds, for the peace and safeguard of his Realm against pillaging Pirates, and Forein Invaders, he had always in readiness 3600 (as most) or 4800 strong ships of War (as others record) to secure the Seas in the Summer season, Proposit. 3, 9.which he divided into three Squadrons or Fleets: whereof he placed 1200 in the East Seas to guard them; 1200 in the South Seas; 1200 in the West Seas, (and 1200 in the North Seas, as some write) to prevent Piracies, and repulse the invasion of Forein Enemies. These Ships immediatly after Easter met together every year at their several places of Rendezvous, wherewith the King sailed round about the Island and Sea-coasts, with a great force, to the terror of Foreiners, and exercising of his own subjects, sayling with the Eastern Navy to the Western parts of the Iland, and then sending them back with the Western Fleet to t…e Northern Coasts, and then sayling with the Northern Fleet to the South; pius scilicet explorator, ne quid Piratae turbarent. After his return from the Sea, in the Winter and Spring, he used to ride in Progress …hrough all the Counties of the Realm, diligently to search and inquire how his Laws, Statutes, Ordinances were kept and observed by his Princes, Great Men, and O…ficers, lest the Poorer sort of people should suffer prejudice, or be oppressed by the Greater & Richer: And whether his Iudges or Iustices judged uprightly, according to the Laws, or injured any through Bribery Malice, or Partiality, Violati Iuris severus Ul…or, being a severe Revenger of his violated Laws, sparing nei…er Rich nor Poor, but judgi…g him justly according to the quality of his transg…ession. In hoc Justitiae in il…o fortit…dinis, in utr…que Reipublicae & Regni utilitatibus consulens, as Wiliam of Malmesbury, and Flor. of Worcester repor… of him. Et ideo tempore suo latrones nulli fuerunt, nec aliquis qui Guerram vel turbationem in Regno movere a…debat. Merito ergo non infirma inter Anglos fama est; nullum nec ejus, nec superioris aetatis Regem in Anglia recto & aequabili judicio Edgaro comparandum: He being Flos et Decus an…ecessor…m Regum, non minus memorabils Anglis, quam Romulus Romanis, Cyrus Persis, Alex. Macedoniis Arsaces Parthis, Carolus Magnus Francis … as Malmesbury, Abbot Ethelred, Florentius VVigorniensis, Simeon Dunelmensis, Henry Huntindon, Matthew VVestminster, and *Polychron. l. 6. c. 11.others record of him, who are much more copious in his prayses. [k]Acts and Mon. vol. 1. p. 200.Mr. Fox closeth up his Encomiums of him with this Speech: As I see many things in this worthy Prince to be commended; so this one thing in him I cannot but lament, to see him like a Phoenix to fly alone, that of all his Posterity so few there be that se…k to keep him company.