Vindication of Fundamental Rights and Governments of English Freemen, Treatise · Chapter 5

Vindication of Fundamental Rights and Governments of English Freemen · Treatise · 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 iſſue Anno 1042.by divine Juſtice on the 6 day of June Anno 1042. thereupon the Earls and Barons of England, immediately after his death, aſſembled together in a Great Council, about the election of a New King: Wherein aaChro. Joh. Bromton col. 934. Fox Acts and Monum. vol. 1. p. 200. 212. Speeds Hiſt. p. 410. Wigornienſis. Sim. Dunelmenſis Rad. de Diceto. Mat. Weſtminſter, Huntindon, Hovedon, Polychronicon. Fabian, Caxton, Holinſhed, Grafton.OMNES ANGLORUM MAGNATES ad invicum tractantes, DE COMMVNI CONCILIO ET JURAMENTO STATUERUNT, QUOD NUNQUAM TEMPORIBUS FUTURIS ALIQUIS DACUS SUPER EOS IN ANGLIA REGNARET; & hoc maxime pro contemptibus quos Angli à Danis ſaepi… acceperunt, &c. as the Chronicle of Bromton & others informe us: All the Nobles of the Engliſh treating together decreed by common advice, which they ratified with an oath; THAT IN TIMES TO COME NEVER ANY DANE (or perſon of the Daniſh blood) SHOULD REIGN OR BE KING OVER THEM IN ENGLAND p. 266ANY MORE; diſclaiming all Daniſh ſubjection; & that eſpecially for the contempts which the Engliſh had very often received from the Danes. For if a Dane had met an Engliſhmen upon any bridge, the Engliſhman muſt not be ſo hardy to move a foot, but ſtand ſt…ll till the Dane was paſſed quite over it. And moreover, if the Engliſhmen had not b…wed down their heads to doe reverence to the Danes, they ſhould preſently have undergone great puniſhments and ſtripes. Whereupon King Harde-Cnute being dead, the Engliſh riſing up againſt them, drove all the Danes, being then without a King and Captaine, out of the Realm of England, who ſpeedily qu…tting the land, never returned into it afterwards.

And here we may juſtly ſtand ſtill a while, and contemplate the admirable retaliating juſtice of God upon our Daniſh uſurping Kings and their Poſterity: King (b) Page 223. 224. 225.Cnute as you heard before, cauſed the temporizing Engliſh Biſhops, Nobles and Barons aſſembled in a Parliamentary Council, againſt their oaths of allegiance to King Ethelred, Edmund Ironſide and their heirs no leſs then twice one after another, to renounce, caſt off, and abjure their regall Poſterity, to make them incapable of the Crowne of England, and ſettle the inheritance▪ of it upon him and his Daniſh blood. Anno 1016. and 1017. And now in little more then twenty years after, all the Engliſh Prelates and Nobles aſſembled in Council, of their own accords, by a ſolemn Decree and Oath, abjure, 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 Juſtice and providence, worthy our obſervation in theſe wheeling times wherein we live, when no man knoweth what changes of like nature ccProv. 27. 1.Prov 27:1one day or year may bring forth.

The Engliſh putting their Decree for caſhiering all the Danes in execution, ddBromton col. 934. Hoveden, Huntindon, Malmesb. Math. Teſtm. Fox, Speed, Caxtons Chro. pars. 6.turned the m…t of all the Caſtles, Forts, Garriſons, Cities, Villages throughout 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. eeHuntindon… Hiſt. l. 6. p. 365 … col. 934. Fox vol. 1. p. 210. 212. Speed p. 410. Propoſ. 5. 6. 8.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 Engliſh Nation, to grant them ſome reſpite of deliverance in taking away the Daniſh Kings without any iſſue left behinde them, who reigning here in England kept the Engliſh people in miſerable ſubjection about the ſpace of 28 years, and from their firſt landing in the time of King Brict…icus, waſted and vexed this land for the ſpace of 255 years: their▪ Tyranny now coming to an end by the death of Harde Cnute; they thereupon aſſembling together in a great Council, with a generall conſent, elected Prince Edward (ſurnamed the Confeſſor, the youngeſt and onelyonly ſurviving ſon of King Ethelred) for their King; who ANNUENTE CLERO ET POPULO LONDONIIS IN REGEM ELIGITUR, as ffFlores 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 peaceable poſſeſſion of the Kingdome of England, they having choſen him for their King, adviſing him to bring with him as few Normans as he could, and they would moſt faithfully eſtabliſh him in the throne. Edward, though at firſt he much doubted what courſe to ſtear, ſomewhat miſtruſting the treachery and inconſtancy of the fickle headed Engliſh, yet at laſt upon the importunity of the meſſengers, who informed him ggMalmsbury de Geſtis Reg. l. 2. c. 13.melius eſſe ut vivat glorioſus in Imperio, p. 268quàm ignominioſus mori…ur in exilio. JURE EI COMPETERE REGNUM, aevo maturo laboribus defaecato, ſci…ti adminiſtrare principatum per aetatem ſeverè, miſerias Provinci ilium pro priſtina aequitate temperare, &c. and upon putting in ſufficient pledges, and an oath given for his ſecurity, he came into England with a ſmall train of Normans, where he was joyfully received by the Nobles and people. Nec mora, Gilingeam (or rather Londoniam▪ CONGREGATO CONCILIO, rationibus ſuis explicitis regem effecit, Dominio palam ab omnibus dato, as Malmsbury; or electus …ſt in Regem ab omni populo, as hhHiſt. 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 unanimous conſent of the Archbiſhops, Biſhops, Nobles, Clergie and people of England, to their great joy and content, without the leaſt oppoſition, war or blood-ſhed, after 25 yeares ſecluſion from the Crown by the Daniſh uſurpers.

Our iiMalmesb. d… Geſtis Reg. l. 2. c. 13. de geſt. Pontiſ. Angl. l. 2. c. 13. p. …49. Mat. Weſtm. A…. 1055. p. 422. Hen. Huntind. Hiſt. l. 6. Sim. Dunelmenſis Hiſt. col. 136. Polychronicon l. 6. c. 18. Alredus Abbas de vita & miraculis Edwardi Confeſſoris col. 373. Chron. Joh. Bromton col. 9…9. 955. H. de Knyghton. de En…r… bus Angl. l. 1. c. 3. Antiq …itates 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 the whole royal iſſue of the Engliſh race, almoſt paſt any poſsibility or probability of their reſtitution to the Crown, which he had forcibly invaded by the ſword; on a certian night fell into a ſad deep contemplation of the forlorn condition of the royall Progeny of the Engliſh nation, then almoſt 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. Peter, 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 Kingdome, 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 Harde-Cnute's death. Take the relation of it in kkDe vita & miraculis …w: Confeſſoris. col. 372. 373.Abbot Ailreds words; and of Brightwolds 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 praefertur 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 deſignare deſiderans, QUID SINGULIS, QUIDVE OMNIBUS VIDERETUR EXPLORAT. Pro diverſorum diverſa ſenentia res pendebat in dubio. Alii enim E…dmundum ob invictiſſimum robur corporis, cae…eris aeſtimant praeferendum: alii ob virtutem Norman…ci generis Aluredum, promovendum tutiùs arbitrantur. Sed futurorum omnium praeſcius, prioris breviſſimam vitam, alterius mortem immaturam prespiciens, in pue…ū nec dum natū UNIVERSORUM VOTA CONVERTIT. Ʋtero adhuc claudetur, & in Regem eligitur, non natus natis praefertur, & quem nec dum terra ſuſceperat, terrae dominus deſignatur. Praebet electioni REX CONSENSUM, laeti PRAE…ENT PROC… RES SACRAMENTUM, & inuſitato miracul… IN p. 270Ejus FIDELITATE JURARUNT, qui utrum naſceretur ignorarunt. Tua haec ſunt opera, Chriſte Jeſu, qui omnia operaris in omnibus, qui electum & dilectum tibi an e mundi conſtitutionem plebis tui rectorem hiis indiciis declaraſti; quem li…èt per illos, non tamen illi,▪ ſed… potius ele giſti. Quis enim non videat rec aptum uſui, nec conveniens tempori, nec cenſonum rationi, nec humano ferendum fuiſſe ſenſui, ut omiſſis fili… legitim…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 veci ſimul & affectui plebis infudit. praeſentia mal… spe futurae conſolation is temperans, ut ſciant omnes in totius regni conſolationem regem futurum, quem ab ipſo Deo, plebe neſciente quid fecerit, nullus dubitaret clectum. Saevibat interim gladius hoſtilis in Anglia; caedibus & rapinis omnia replebantur, ubique luctus, ubique clamor, ubique deſolatio. Incenduntur eccleſiae, monaſteria devaſtantur, & ut verbis propheticis utar, effuderunt ſanguinem ſanctorum in circuitu Jeruſalem, & non erat qui ſepeliret. Sacerdotes ſuis fugatiſedibus, ſicubi pax & quies aliqua in monaſteriis vel locis deſertis inveniebatur, communem miſeriam deplorantes deliteſcebant. Inter quos vene abilis Bryghtwaldus Wintonienſis Epiſcopus, caenob…um 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 preces tandem p. 271& lachrim as fatigatum ſoper ſuavis excepit; vidit que per ſomnium cael…ſtem chorum cum lumine, beatiſſimumque Petrum in emin…nti lo…o conſtitutum, dignum tantae majeſtati habitum praeſerentem. Videbatur ante eum vir…pyae…l…ri vultus in forma decenti regal…bus amictus inſigniis, quem cum p opriis manibus Apostolus cenſecraſſet & …uxiſſet in regem, monita ſalutis adjacit, praecipu…que caelibem vitam commendans, quot eſſet annos regnaturus aperuit. Obſtupefactus Praeſul tanti novitate miraculi, petit ſibi a ſan…to viſionis hujus myſterium revelari: de ſtatu inſuper regni & inſtantis fine periculi apoſtolicum exegit oraculum. Tunc factus vultus placido in tu…ns in…uentem. Domini, inqu…t, o Praeſul, Domini eſt regnum, ipſe dominatur in f…s hominum. Ipſe transfert regna, & mutat imperia, & propter peccata populi regnare facit hypocritam. Peccatum pecca…it 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 ſu…s; 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 exitus comprobavit; Expergefactus Pontifex rurſus ad preces lacrimaſque convertitur, & licet faelicitatem ſuae gentis non eſſet ipſe viſurus, de malorum tamen fine c…rtus effectus, grati…s agens Deo plurimum gra…nlabatur: Factus igitur animaequior, populis poenitentiam praedicabat, quibus D…us miſericordiam non defuturam conſtantiſſime poll….

From theſe paſſages whether rea…, as man, as fictiti…us as ſome repute them, I ſhall onelyonly obſerve theſe reall Truths.

p. 2721. That in King Ethelreds 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 extirpation of the Royal Iſſue and Poſterity, by invading forreign uſurpers, and with the oppreſsions of their native countrey under their uſ… ped power; and have poured forth frequent and fervent prayers unto God in ſecret, 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 renounce 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 forcibly deprived, after many years diſpoſſeſsion, and without 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, llHiſt. l. 3. p. 396.Non est diuturna 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 LEGES BONAS IN ANGLIA STATUIT, quae pro majore parte adhuc in regno tenerentur. Whereupon about the year 1043 (as the Chronecle of Brompton, mmCol. 937 938.William Caxton, in his Chronicle, and Mr. Selden inform us) Earl Godwin, a ſugitive in Denmark for the murther of prince Alfred, hearing of (n) Chron. pars 6.his piety and mercy, reſolved to return into England, (o) Titles of Honour. part. 2. …h. 6. ſect. 5.humbly to implore his mercy and grace, that he might have his lands again that were confiſcated: having provided all things for his voyage, he put to ſea and arrived in England, 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 Prop. 2. 4. 5. 6.GODVVIN, I THEE APPEAL FOR THE DEATH OF ALFRED MY BROTHER WHOM THOU HAST TRAITEROUSLY SLAIN. To whom Godwin excuſing himſelf, anſwered, My Lord and King,, ſaving your Revereno…, and Grace, Peace, & Lordſhip, I never betrayed, nor yet ſlew your Brother: unde ſuper hoc pono me IN CONSIDERATIONE CURIAE VESTRAE; whence I put my ſelf upon the conſideration and judgement of your Court 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 iſta appellatione, RECTUM JUDICIUM DECERNATIS, ET DEBITAM JUSTITIAM FACIATIS: I will that between us in this appeale you award right Judgement and do due Juſtice. COMITIBUS VERO ET BARONIBUS SUPER HOC AD INVICEM TRACTANTIBUS. Hereupon the Earls and Barons debating upon this buſineſſe among themſelves, ſome among them were different in their opinions from others in doing juſt judgement herein. For ſome ſaid, that Godwin was never obliged to the King, (ſo Bromton, to Alfred writes Caxton) 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 POTEST 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 but 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 the Kings Brother was ſlain; wherefore I award as touching my part, that himſelf and his ſon, and every of us, DUODECIM COMITES, the twelve Earls who are his friends and kinſmen ſhould 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 deprecating, that he would pardon all his rancour and illwill to the Earle, and receiving his homage and feal…y, he would reſtore and redeliver his lands intirely to him; Ʋnto which award THEY ALL ACCORDING, they all laded themſelves with treaſure in the manner aforeſaid, and p. 275going to the King, declared unto him the order and manner of their JUDGEMENT, or AVVARD. QUORUM CONSIDERATIONI REX CONTRADICERE NOLENS, QUICQUID JUDICAVERANT PER OMNIA RATIFICAVIT. The King not willing to contradict them in any thing they had judged, ratified the ſame in all things. An agreement therefore being made between them in this manner, the Earl preſently regained all his lands.

The generality of our Hiſtorians (as Bromton confeſſeth) deny that Godwin ever fled into Denmark, or left England for the murder of Alfred; they generally affirming, (p) Malmesb De geſt. Regum. l. 2. c. 12. Mat. Weſtm. Sim. Dunelmenſ. Wigorn. Huntind. Hoved. Polichron. Fab. Speed, Holinſh. Graft.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 Malmeſbury and others write) perſwaded him to accept the Crown, and precontracted with him before he came into England: Paciſcatur ergo ſibi (q) De geſt. Regem l. 2. c. 13. p. 80.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 bad no votes in matters of Treaſon and capitall offences.

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

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

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

9. That though the Author of the Chronicle of Bromton (& Caxton out of him) ſtile this Aſſembly PARLIAMENTUM, a Parliament, not a COUNCIL, yet it is onelyonly Anno 1043.according to the ſtyle of the age wherein he writ (being in the reign of King Edward the third) as rrIn his Epiſtles to Hiſtoriae 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.

ssMalmesbur de…geſt. Reg. 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. Holinſh. Grafton, Speed.King Edward, Anno 1643. immediately after his Coronation came ſuddenly from Gloc…ſter 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. The Propoſ. 2. 4.cauſe of which unjuſt act, ſome affirm to be Godwins malice towards her; others affirm it to be, her unnaturalneſſe to King Ethelred her firſt husband, and her own ſons by him, Alfred and Edward; In loving and marrying Cnute their enemy and ſupplanter, when living, and applauding him when dead, more then Ethelred. In advancing Harde-Cnute her ſon by him to the Crown, and endeavouring to deprive Alfred & Edward thereof. In refuſing to give any thing toward Prince Edw: his maintenance whiles in exile and diſtreſſe, although he oft requeſted her to ſupply his neceſſities. In having ſome hand in the murther of Prince Alfred, and endeavouring to poyſon King Edward himſelf, as the Chronicle of Bromton relates. After which, by the inſtigation of Robert Archbiſhop of Canterbury, a Norman born, he againe ſpoiled her of all ſhe had, and ſhut her up priſoner in the Abb…y 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. tt…lor. Wigogorienſ. Sim. Dunelmenſ. Hovedon, Met. Weſtm. Malmsb, Digeſt. reg. l. 2. c. 13. Holi…ſh. Grafton. Propoſ. 5. 2.There was GENERALE CONCILIUM Anno 1044.CELEBRATUN, a General Council held at London, wherein Wolmar was elected Abbot of Eveſham. And this year King Edward DE COMMUNI CONCILIO PROCERUM SUORUM, as Bromton and others write (moſt likely when aſſembled in the Council at London) married Edith daughter of Earl Godwin in patrocinium regni ſui, he being the moſt potent man in all the Realm; there being in her breaſt a magazine of all liberall vertues. And this ſame year (moſt probable by this ſame Councils Edict) Gunilda, a noble Matron, King Crute's ſ…ſters 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: vvElor. Wigornienſ. M. Weſtm. Sim. Dunelm. Huntind. Bromt. Polychronic. Fabian, Speed. Propoſ. 3. 9. Anno 1047.King Edward in the year 1045. aſſembled together Anno 1045.to the port of Sandwich a very numerous and ſtrong Navy, againſt Magnus King of Norway, purpoſing to invade Engl. But Swane King of Denmark then warring upon him, hindered his voyage for England. The next year 1046. Oſgodus Clapa was baniſhed out of England.

xxWigornienſ. S…. Dunelm. Hovedon, Mat. Weſtmiſter, Malmesb. Bromton, & others. Propoſ. 6. 9.Swane King of Denmark Anno 1047. ſent Ambaſſadours to King Edward, deſiring him to ſend a Navy to him againſt Magnus King of Norway. Hereupon Earl Godwin counſelled the King, to ſend him at leaſt fifty ſhips furniſhed with ſouldiers: Sed quia Leofrico comiti, ET OMNI POPULO id non videbatur conſilium, & CAETERI PROCERES DISSUASERUNT, nullum ei mittere voluit. But becauſe that Council ſeemed not good to Earl Leofric and all the people, and the reſt of the Nobles diſſwaded him from it, he would ſend no ſhips to him. Magnus furniſhed with a great Navy fought with Swane, and after a great ſlaughter on both ſides, expelled him out of Denmark, reigned in it, and compelled the Danes to pay him a great Tribute:

yyThe Authors in (….) Propoſit. 3. 9.Harold Harvager King of Norwey, Anno 1048. ſent Ambaſſadours to King Edward, offering peace and Anno 1048.friendſhip to him, which he embraced. Alſo Swane King of Denmark ſent other Ambaſſadours to him this year, requeſting a naval aſsiſtance of ſhips from him. But although Earl Godwin was willing, that at leaſt fifty ſhips ſhould be ſent him, yet none were ſent, becauſe Earl Leofric, OMNISQUE POPULUS UNO ORE CONTRADIXERUNT, and all the people contradicted it with one voice. zzHiſtoriae p. 295. 296.Abbot Ingulphus records, That Wulgat Abbot of S. Pega, whoſe Abbey was quite deſtroyed and burnt to the ground by the Danes, had a long ſuit in the Kings Court with three Abbots of Burgh, concerning the ſeat of his Abbey, eſpecially with Abbot Leofric, with whom he moſt ſtrongly contended: Sed p. 279Regis curia nimium fav …nte potentiori, & contra pauperem ſententiante, tandem ſedem monaſterii ſui perdidit. Tanta fuit Abbatis Leofrici pecunia: tanta Comitis Propoſit. 4. 5.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, & (proh negas!) totum ſitum monasterii ſui JUDICIO REGALIS CURIAE PERDIDIT. Tantum tunc potuit ſuper Juſtitiam pecunia, contra veritatem verſutia, & in CURIA regis Hard…nuti 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, Fernotus, a Kt. Ld. 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. Pega and to the Monks there ſerving God, whence by conſequence he alledged, That ſeeing Abbot Wulgat and his Monks did not ſerve God and S. Pega from that 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 fuiſſet cognitum, ſcilicet Abbatum de Peikirk, prius amiſiſſe monaſterium ſuum, & conſequenter mantrium ad monaſterium quondam pertinens; ſimiliter Edmerus miles & dominus de Holbrok calumniam movet contra eundem Abbatem & monachos ſuos de manerio ſuo de Makſey; & Horſingus p. 280de Wathe calumniatus eſt, & pro Maneri… ſuo de Bading…ō, & Siwardus Comes de Mane…io ſuo de Bernack, & Hugolonus Theſaurarius de Manerio de Helieſton, & alii plures de aliis mane iis dicto Monaſterio dudum pertinentibu; & omnes eadem ratione in dicta cauſa contra Monachos obtinuerunt, & tam de maneriis, quam de Monaſteris ſuo dictus Abbas de Peibec ac Monachi ſui nequiter & crud…liter ejecti ſunt, ut nunquam alicui veniat damnum ſolum. Cum itaque Abbas Wulgatus & conventus ſuus, Monachi ſcilicet, &c. ſic de Monasterio deſtituti, vagabundi & in proximo diſpergendi in omnem ventum pro extrem… miſeria fluctuarent, miſertus eorum piiſſimus R…x Edwardus, omnes in ſuam curiam ſuſcepit, & uſquequo eis provideret, ſuam capellam, ac aulam quotidie 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 REGIS CURIA PRO SUA COMPLACENTIA CONFEREBAT. Theſe proceedings and judgements againſt the Abbot & (a) De geſt. reg. l. 2. c. 13. p. 79. 80. …Monks of S. Pega and Peikirk, were the occaſion (as I conceive) of this paſſage in William of Malmesb. touching King Edwards reign. Fuerunt tamen nonnulla quae gloriam temporum deturbarent. Monasteri 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 violentiam, qui regis indulgentiam videbant; poſtea tamen 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 till 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 Nunnery and Manour of Berkley to himſelf, worth 500l. revenue. Together with this bbCamdens 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. was ſo deeply affected Anno 1049.and raviſhed with Gods extraordinary mercy towards (c) Mat Weſtm. An. 1049. p. 416.him, in preſerving him like another Joaſh from the cruelty of the bloody Danes, and reſtoring him beyond expectation to the Crown of England, without his ſeeking, or the leaſt effuſion of blood, after ſundry years diſpoſſeſsion by the Daniſh Intruders, that thereupon, he vowed a ſolemn pilgrimage to Rome, there to render humble thanks and gifts to God for this 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. Upon which the Nobles after Propoſ. 5. 6. 9.ſerious conſultation, conſidering the great inconveniences and perils that might befall 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 him from it; and by common conſent at laſt agreed to ſend ſolemn Ambaſſadours from the King and them to the Pope, to repreſent the incenveniences and perils that might befall the Realm by his abſence 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, upon this condition and firme injunction, that the King ſhould diſtribute to the poore all the expences he had provided for his journey, and ſhould either 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; confirming 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 Ʋlſin a Monk and Anchorite, that his will was, that the place called Weſtminſter (then lying ruinous) ſhould be reſtored: which viſion when he had related to the King and his Council, REX TOTIUS REGNI CONSILIO, The King by the advice of the whole Realme (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, ddDe vita & Mucanilis Edwardi Confeſ. col. 379. 380. 381. &c.Succedentibus proſperis, Rex beatus nequaquam ſui ſponſionis eſt oblitus, nec in die bonorum, immemor fuit malorum. Sed cogitans & recogitans quanta ſibi fecerit Dominus, qui ditavit p. 283Prop. 5. 6. 9.egenum, 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 Deus qui magnificavit miſericerdiam 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 m… Reges regnant, ait ipſe, & principes juſta diſcernunt. Non excidit â nobis quomodo intrantibus in haereditatem noſtram barbaris, facti ſumus opprobrium vicinis noſtris, ſubſannatio & illuſio hiis qui in circuitu noſtro ſunt. Aliis nam que interfectis, aliis fugatis, aliis jugo ignominioſae ſervitutis oppreſſis, ferè nihil honoris, nihil gloriae generl noſtro reliquerunt. Tandem defuncto Patre meo, patribus peremptis, actis in exilium N…potibus cum hoſtibus noſtris in omnibus fortuna faveret, mihi profectò nihil spei ſupereſſe videbatur. Ego verò contra ſpem in ſpem credens, & Domini miſericordiae me totum dedens, peregrinationem meam ad ſanctorum Apoſtolorum limina vovi, & deinceps divinae me protectioni dispoſitionique commiſi. Ille autem respexit in orationem meā, & non ſprevit precem meam, & abſtulit obprobrium meum, & reſtituit me in regnū Patris mei: inſuper cumulavit divitiis, auxi… gloriâ, donis coeleſtibus illuſtravit; SINE SANGUINE RE…ELLES SUB…GIT, hoſtes ſubvertit, & omnia noſtra amabili quadam compoſuit pace. Abſit, abſit ut tot & …antis ejus beneficiis 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 ER GO ME CUM, QUO MODO ME PEREGRINANTE REGNUM SUBSISTAT ANGLORUM; QUA LEGE, QUA PACE, QUO JUDICE OMNIA DISPONANTUR: QUIS CUI PRAEFERATUR REGIONI, p. 284QUIS CASTRA, QUIS URBES, QUIS PRIVATA, Propoſ. 5. 6. 9.QUIS PUBLICA NEGOTIA PROCURET. Erit enim unus omnibus Cuſtos & PROTECTOR DEUS, & pacem quam dedit, ipſe ſervabit, nobiſcum proficiſcens, & vobiſcum remanens, qui & vos cuſtodiat, & me reduca.

Ad hanc vocem tota illa multitudo contremuit, & interiorem produnt lachrymis ſuſpiriiſque dolorem. Jam jamque 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 coe…um, nunc rurſus in terram ruere, & quaſi morituros fame ſi Rex diſcederet, de ſepu…tura 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 putabatur, bono tot ADMITTENDA PERICULA ALLEGABANT. IMPERANT PONTIFICES, ROGANT PROCERES, PLEBS EXTOR QUET, ut ſi non omittendū iter 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 fuit omnibus divitibus pauperibuſ que laetitia, ut Edwardum ſuum rurſus ſibi redditum, rurſus 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, Archiepiſcopus E…oracenſis Aelredus, Epiſcopus Wintonienſis Hermannus, 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 RABIE 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 DECERNUNT, 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 Honorê 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 Dei, dilecto filio Edwardo Anglorum Regi ſalutem & apoſtolicam benedictionem. Quoniam voluntatem tuam laudabilem & Deo gratam agnovimus, gratias agimus & …i per quem reges regnant, & principes juſta odecernunt. Sed quia prope eſt Prayers then by this Popes decree are as effectuall and acceptable to God in any other place as in Rome it ſelf.Dominus in omni loco omnibus invocantibus eum in veritate, & ſancti Apoſtoli cum ſuo caepite conjuncti unus ſpiritus ſunt, & pias preces aequaliter audiunt; E… QUI A CONSTAT PERICLITARI REGIONEM ANGLICANAM EX TUA DISCESSIONE QUI FRAENO JUSTITIAE TUAE SEDITIOSOS Ejus MOTUS COHIBES. Ex auctoritate Dei & ſanctorum Apoſtolorum & Popes in that age determined no weighty matters, even in Rome it ſelf, but by the major part or unanimous vote of a Synod.SANCTAE SYNODI abſolvimus te à peccato illius voti pro quo Dei offenſam times, & ab omnibus negligentiis & iniquitatibus tuis; ea nimirum potestate uſi quam Dominus in beato Petro conceſſit nobis, dicens, Quaecunque ſolveritis ſuper terram, ſoluta erant in coelis. Deinde praecipimus tibi ſub nomine ſanctae obedientiae & poenitentiae, ut expenſas quas ad iter iſtud paravaras, pauperibus eroges & coenobium Monachorū in honore ſancti Petri apoſtolorū principis aut novum conſtruas, aut vetustum augeas & …mendes, & ſufficientiā victualium fratribus de tuis redditibus conſtituas, quatenus dum illi aſſidue inibi Deum laudaverint, & ſanctis angeatur gloria, & tibi indulgentia: Cui loco quicquid contulsris vel collatum eſt, vel conferetur, ut ratum ſit apoſtolica authoritate praecipimus, & ut ſemper habitatio Monachorum ſit, & nulli lai…ae perſonae niſi regi ſubdatur. Et quaecunque privilegia ibi conſtituere volueris ad honorem Dei 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 …odē, IN EODEM CONCILIO quo legati redeuntes ab urb… p. 287apoſtolicum retulere mandatum, epistola etiam viri Dei regi praeſentata profertur in medium. Lectoque ſancti Papae Leonis reſcripto, loco ſequenti beati ſenis apices recitantur, &c. Tunc rex laetus & alacer, ut ei fuerat conſtitutum, (e) Ailredus Abbas Rivallis, de vita… & miraculis Edw. Confeſſ. col. 386. 387. 388.pecuniam quam in peregrinationis ſuae ſolatium procuraverat, diſper ſit & dedit pauperibus, operique injuncto intendens animum theſauros …ffudit. When he had fully rebuilt and finiſhed this Monaſtery, he ſent Aeldred 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. Ʋt amplius in perpetuum regiae conſtitutionis & conſecrationis locus ſit, atque repoſ…orium regalium inſignium, & habitatio perpetua monachorum, qui nulli omnino perſonae niſi regi ſubdantur, habeant que poteſtatem ſecundum regulam ſancti Benedicti per ſucceſſores eligere idoneos Abbates, &c. Abſolving and exempting the Abby from all epiſcopal ſervice, exaction, Dominion & Juriſdictior, ratifying all their lands and liberties, d…nouncing a perpetuall Anathema against the invaders, diminiſhers, diſperſers, or ſellers of them, with Judas the Traytor. Cloſing his Bull and letter thus; Vobis vero, & poſteris veſtris regibus committimus ADVOCATIONEM & …uiti 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 mercedem abeo, cujus regnum & imperium non deſin…t nec m…nu…tur in ſeculum. The Kings and Popes letters are at large recorded by Ailred, who addes, Lectis igitur A…oſtolicae majeſtatis apicibus, exultavit in gaudio Rex beatiſſimus, omnique ſolicitudine quam ex voti obligatione contra…erat exuitur, CUNCTAQUE REGNI NEGOTIA DUCIBUS PROCERIBUS QUE COMMITTENS, totum ſe divinis mancipabat o…ſ. quiu.

ffSpelmam Concil. p. 620. to 637. Propoſ. 5. 10.K. Edw: after theſe two Embaſſ…ies to Rome, 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 ARCHIEPIS COPORUM, EPIS COPORUM, 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 Prelates 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.

ggSpelman. Concil. p. 628.Edwardus Dei gratia Anglorum Rex, &c. Scire vos volo, quoniam tempore avorum meorum, patriſ que mei, multa & gravia bellorum pericula afflixerunt gentem Anglorum, & ipſos tam â ſuis, quàm ab extraneis concitata; adeo ut penè periclitata ſit HAEREDITARIA REGUM SUCCESSIO, magnumque interſtitium inter fratrem meum Edmundum, qui patri meo mortuo ſucceſsit, meque habitum ſit, invadentibus regnum Swegeno & Cnutho filio ejus, Regibus Danorum, 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 & Paul…, & ibi gratias agere pro collatis beneficiis, page missing 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 vectigali. 38. Propoſition 1.anno, ex quo pater ejus Rex Athelredus Danicos ſolidarios ſolvi mandavit &c. quod eis pater ſuus propter Danicos ſolidarios impoſuerat, as iiChronicon. col 938. 943.Brompton renders it in another place; Roger de Hunedon Annalium pars 1. p. 441. Rodolphus de Diceto Abbreviatione Chronicorum. col. 145. uſe the ſame words. Ailredus Abbas Rievallis, de vita & miraculis Edwardi Confeſſoris Col. 383. thus relates it. Inſuper & Tributum illud graviſſimum, quod tempore patris ſui primo claſſi Danicae pendebatur Poſtmodum vero fiſco regio Annis ſingulis inferebatur, regia liberalitate remiſit, et ab onere hoc importabili in perpetuum Angliam abſolvit. Ʋnde ſancto huic regi non inconvenienter aptatur quod ſcriptum eſt; Beatus vir qui inventus ſine macula, & qui poſt aurum non abiit, nec ſperavit in pecuniae the ſauris. Poſt aurum non abiit, quod potius diſperſit, nec ſperavit in the ſauris, quos in Dei opere non tam minuit quam conſumpſit.

ttFlores Hiſt. p. 418.Matthew Weſtminſter records it in theſe words, Anno gratiae 1051. Rex Edwardus, A vectigali graviſſimo Anglos abſolvit, quod patre vivente, Danicis ſtipendiariis, 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. Graſton in his Cronicle. p. 170. Speed in his Hiſtory. p. 410. Holinſhead 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, graviſtmum, 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 exhorrniſſe, 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 que 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: Annalinm 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 (ſoilicet 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 Reg…a, & Comite Haraldo, videt diabolum ſedentem inter Denarios illos: & ait illi Rex, quid hic facis? cui daemon reſpondit: cuſtodio hic pecuniam meam; Propoſition. 1.& 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. 299conmitabantur 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 Englana, 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 Exchequor; 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, pious, righteous, mercifull, Saintlike Kings, and Governours.

9. That illegall heavy Taxes impoſed by, or for invading Uſurpers, if once ſubmitted to, and not ſtrongly oppoſed by the generality of the people, wil ſoon be claymed, & leavied as a cuſtomary, early legall revennue; both by the impoſ…rs, 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 pounds in one whole year, was in truth, an heavy, and intolerable burden, and grievous oppreſſion to the whole Nation, fit to be aboliſhed, and 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. monthly, 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, if they imitate not his juſt and Saintlike preſident therein. All which conſiderations I recommend, to their own, and their Collecters, Exciſers ſadeſt conſiderations to meditate ſeriouſly upon for the peoples eaſe.

xxDegeſtis 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 be able really to record the like of our new Governours, and Princes over us, we ſhall never be either a free, a peaceable, or happy people, not they worthy of the name of Saints or Confeſſors in any Engliſh Annals, or Kalenders. mmSee Ailredus Abbas de vita & miraculis Edwardi Confeſſoris c…l. 390.He addes, That King Edward with the touch of his hand, did miraculouſly cure ſundry perſons of the luxuriant humours and ſwellings about the neck, (commonly called the Kings Evill) which cure in after ages ſome falſly aſcribed, non ex ſanctitate, ſed ex regalis proſapiae haereditate …uxiſſe, not to have iſſued from his ſanct…tie, 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.

nnMalmſbury de Gestis Regum Angliae l. 2. c. 13. Iohn Bromton Cronicon vol. 932. Ingulphus Hiſtoria▪ p. 895.King Edward about the year 1047. calling out of Normandy, certain 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 Arch-biſhoprick p. 302of Canterbury, William to be his Chaplain firſt, and afterwards Biſhop of London, and another to the Biſhoprick of Dorcheſter, which Jugulphus thus expreſſeth. Rex autem Edwardus natus in Anglia, ſed Nutritus in Normania, & diutiſſime immoratus penè 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, & Francorū mores in multis imitari: Gallicum idioma omnes Magnates in ſuis curiis tanquam magnum gentilitium loqui; Chartas & 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 Engliſh, 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 ooSee Fox Acts and Monuments. vol. 1. p. 212. 213. Speed Hiſtory 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 togetherto reſiſt them, after a feirce 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 his Hoſt, to avenge the wrong done to Euſtace, and to puniſh the inſolency of the men of Dover, which the King exceedingly aggravated. But Godwin, a man of ſharp wit, and wel underſtanding, that ſentence ought not Propoſition 2. 5. 6. 9.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 tutari debeas, eos ipſe potiſſimum inauditos adjudices. And ſo Godwin departed at that time, little regarding the Kings fury, as being but momentany. Quocirca, Totius regni Proceres juſſi Gloceſtriam convenire ut i…i magno conventu res ventilaretur. Therefore all the Lords of the land were commanded to aſſemble together at Gloceſter, that this matter might be there debated in a great Parliamentary aſſembly. Thither came the moſt famous Earle Syward of Northumberland, and Leofric Earle of Mercia, Omnibus Anglorum Nobiles, and all the Engliſh Nobility at that time; only Godwin and his Sonnes, who knew themſelves ſuſpected, thought it not ſafe for them to come thither without an armed Guard: whereupon they encamped at Breverſtone with a great hoſt, and there ſtayed; giving out a report among the people, that they had Propiſition 2. 8…6 9.therefore gathered an Army together out of Kent, Surry, Yorkſhire, Oxfordſhire, Gloceſterſhire, Somerſetſhire, Herfordſhire, Eſſex, Notinghamſhire and other parts, that they might curbe the Welſhmen, who meditating Tyranny, and Rebellion againſt the King, had fortified a Town in Herefordſhire, where Swane, one of the Earl Godwins Sonnes then pretended to keep watch and ward againſt them. The King hearing that Godwin and his Sonnes had raiſed a great Army of men out of all theſe Counties upon this falſe pretext, preſently ſent Meſſengers to Syward, Earle of Northumberland, and Leofric, Earle of Mercia, to haſten to him, being in great danger, with all the forces they could raiſe. Who repairing to him at the firſt with ſmall forces, ſo ſoon as they knew how the matter went, ſending their Officers through their Countries, together with Earle Ralph in his Countrey, ſpeedily aſſembled a great Army, to aſſiſt the King, ready to encounter theſe enemies, if there were a neceſſity. In the mean 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 Dover, to him, elſe he ſhould denounce war againſt him. To whom the King, being ſufficiently furniſhed with military forces, ſent this anſwer, That he would not deliver up Earl Euſtace, to him; commanding moreover; Vt qui Propoſition ….erercitum contra ipſum collegerat, & ſine ejus licentia pacem regni perturbaverat, veniret ad eum die ſtatuta, ſuper 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, Vt ultro Domino regi …on reſiſterent; ſed ſi conuenti fuiſſent, quin ſe ulciſcerentur loco non cederent, & profecto facinus miſerabile, & plus quam civile bellum fuiſſet, niſi maturiora conſilia intereſſent, writes Malmſbury; But becauſe the beſt and greateſt men of all England, were engaged on the one ſide and other, it ſeemed a great unadviſedneſſe to Earl Leofric and others, that they ſhould fight a battle, and wage war with their own Countrymen: and thereupon they adviſed, That hoſtages being given on both ſides, the King and Godwin ſhould meet at London on a certain day, to plead together; which Counſel being approved of, and meſlengers running to and fro between them, hoſtages being given and received; and ſome ſmall agreement made between them at the preſent; thereupon the Earle returned into VVeſt-Sax, and the 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 COƲNCEL or PARLIAMENT, as Treviſa, Speed and others render Propoſition 6.it, ſhould be aſſembled at London. Swane the Son of Godwin was commánded 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 Juri 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 offactious perſons, without pledges and hoſt ages; that they would obey their Lord in the ſurrender of all their Knights ſervices, and in all things elſe, without the perill of their honour and ſafety. That if they came thither unarmed, they might fear the loſſe of life; if with a few followers, it would be a reproach to their honour. But the King being ſo reſolute in his minde, that he would not recede from what he had reſolved by, their intreaties, upon their refuſal to come unto his Court to juſtify themſelves, Rex in ſuo Concilio communi Curiae ſuae judicio; by the common judgement of his Court, in this Parliamentary Propoſition 2. 6.Councel, Et omnis exercitus unanimi conſenſu, and by the unanimous conſent of his whole Army (as Flo-rence of VVorceſter, and his followers ſubjoyne) baniſhed Godwin himſelf and his five Sons out of England: whereupon prolatum Edictum eſt. A Decree & Proclamation was then publiſhed, that within five dayes they ſhould depart out of England, Godwin perceving that his ſouldiers deſerted him ſome & ſome for fear of the Kings Army and diſpleaſure, thereupon p. 307he and his wife Giva, and his three ſonnes, Swane, Gurth and Toſti, with his wife Iudith daughter to the Earle of Flanders, departed preſently out of England, by the Iſle of Thanet, into Flanders to Earle Baldwin, with much treaſure; but his other two ſonnes, Harold and Leofric ſailed by Briſtol into Ireland. Moreover the King put away his Queen Editha for her Father Godwins ſake, thruſt her into the Abbie of Warwel (or Redwel) without worſhip, with one maid only to attend her, committing her to the cuſtody of the Abbeſs, his own ſiſter, taking away all her ſubſtance, without (q) Malmſturi. de Geſtis Regnum. l. 2. c. 13. p. 82.leaving her ſo much as one penny, ne ſcilicet omnibus ſuis parentibus patriam ſuſpirantibus, 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 mentio nulla facta inter eos fuit writes, rrHiſtor. p. 898.Iugulphus.(ſ) Florent. Wigornienſis Sim Dunelmenſis, …olichronicon, Brompton Hoveden, Huntindon, Rad. de Diceto, Malmſbury, 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 ſull Parliament, as Radulphus Ceſtrenſis Knighton de eventibus Angliae. l. 1. c. 10. Treviſa and others relate, thus baniſhed and outlawed Godwin and his ſons in which in condition (as ſome write) they continued two ful years. Thereupon in the year 1052. Harold and Leofric by way of reveng, coming out of Ireland with ſuch ſhips and forces as they could there raiſe, pillaged the weſtern parts of England. infeſting the ſhores with continual robberies, carrying away rich booties, and ſlaying ſuch as reſiſted them. Then marching from Severn into the confines of Somſetſhire p. 308and Dorſetſhire, they plundered many Towns and Villages in thoſe parts: againſt whom a great multitude aſſembled out of theſe two Counties making head, were incountred and routed by Harold, many of their chief Officers and others being ſlain. After which they returning to their ſhips with great booties, ſailed round about by the ſhore to Plimonth. 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) de populating Herefordſhire by land, & ſlaying many of the Countrey people, who reſiſted him. On the Kings part there were about ſixty ſhips aſſembled together to oppoſe Harold, riding at anchor; the Admirals of which Navy were the Earls, Odo and Ralph, the Kings kinſmen: neither was the King himſelf ſloathfull in this neceſſity, lying all night on ſhipboard, and diligently obſerving the excurſions of theſe Pyrates, executing that by ſage counſel, which by reaſon of age he could not act with his hand. When both Navies were drawn near together, and ready to grapple with and encounter each other, a thick fogge and cloud ſodainly ariſing, blinded the eyes of theſe furiou perſons, and reſtrained the wretched audacity of theſe mortals, ſo that they could not encounter each other, Godwin with his companions being forced by the winds to returne from whence they came. After which Godwin and his ſonnes by ſecret meſſengers, 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, to come with all ſpeed to his aſſiſtance; Propoſition 3 8who delaying overlong, came not at the time appointed. In the mean while Godwin comes up the Thames with his Navy and Army toward London, and pitched his Tents in Southwark, near the City. King Edward, who was then at London, had aſſembled a great company of armed men together, and no ſmall Navy, to purſue Godwin and his ſonnes, both by Sea and Land. But becauſe very few with the King or Godwin had courage to fight with each other, and the Engliſh, whoſe ſonnes, Nephews, Kinſmen and Friends were with Godwin and Harold, refuſed to fight againſt their own parents & kinred of the Kings party, thereupon ſome wiſe men on both parts, diligently endeavored to make a firme peace and reconciliation between the King and Godwin, and commanded the Armies and Navies to forbear fighting. Godwin being aged, and potent both with his favour and tongue to bow the mindes of his auditors, very well purged himſelf from all the things objected againſt him. The next morning Rex habens cum Primartbus ſuis Concilio, the King taking Counſel with his Nobles, reſtored Godwin, and all his ſonnes, (except Swane, who went on Pilgrimage barefoot to Jeruſalem, to expiate the murder of Beorne) together with the Queen, his 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 him; whom the King immediatly ſent into Normandy to be kept there. A concord and peace being thus made and ratified, the King and Nobles omni populo bonas Leges & rectam juſtitiam promiſerunt, promiſed good Laws, and right Juſticeto all the people; then Propoſition 5 2.they baniſhed Robert arch-biſhop o… Canterbury, William Biſhop of London, Ʋlfe Biſhop of Dorcheſter, and all the other Normans, who incenſed and gave the King evill counſel againſt Earle Godwin, and the Engliſh, and had invented unjuſt laws, and pronounced unjuſt judgements againſt them, permitting only ſome few Normans (nominated in our Hiſtorians) whom the King loved more than the reſt, and who had been faithfull to him, and all the people, to remain in England. Not long after, VVilliam Biſhop of London was for his goodneſſe recalled and reſtored to his Biſhoprick, but Stigand was made Archbiſhop of Canterbury, in the place of Robert, and Oſburne, and Hugh two Normans by birth, leaving their Caſtles here, went to the King of Scots, who entertained them, and ſo the land was freed from theſe forreign incendiaries. Normannos omnes ignominâ notatos prolata Sententia in Robertum Archiepiſ. ejuſque complices quod ſtatum regni conturbarant, animum Kegis in provinciales agitantes: Upon this ſentence denounced, Robert and others of them preſently fled the Realme of their own accord, without expecting any actual violence 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 condemned, executed, impriſoned or put to death upon any great mans bare ſuggeſtion, no not by the Kings own ſpeciall command (which if given ought to be diſobeyed in ſuch caſes) but only by, and after a Legall hearing, tryall and conviction of the offence.

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

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

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

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

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

7. That Kings and great mens coming to Parliamentary 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 fiſt given for their ſecuriy; may juſtly be ſentenced and baniſhed by our Parliaments, for ſuch contempts, and affronts to juſtice.

11. That the ſubjects were bound to ayd and aſſiſt their Kings, as wel againſt Traitors, Rebels, Pyrates, as againſt forreign enemies, under our Saxon Kings.

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

13. That the aboliſhing of ill, and enacting of good Laws, the removing of ill Counſellors and Inſtruments about Kings, ordering matters of war 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 vvPolychr, … 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 xxFlorentius 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. yySee Totles Magna Charta, 1556, p. 164. 1 R. 2. rot. Parl. num. 44. My Soveraign Power of Parliaments, pars 1. p. 52, to 79. Exact. Collect. p. 290. 712, 713, 714.SIR, will you grant and keep, and by your Dath 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, p. 314moſt of our Common old Laws being founded on, or reſulting from them, I ſhall give you this brief account of them, out of our Hiſtorians, as moſt pertinent to my ſubject matter, and uſefull for thoſe of my profeſſion to be informed of (being generally not ſo well verſed in Antiquity, Hiſtory, and Records, as were to be wiſhed, for the honour and luſtre of their honourable publike calling,) pretermiting the groſſe Forgery and Impoſture of Modus tenendi Parliamentum, ſo much cryed up by **Epiſtle to his 9th. Report. 1. Inſtitutes, p. p. 69, 110. 2 Inſtit. p. 7, 8. 4. Inſtit. p. 2. 12. 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. Weſtm. and Mat. Paris An. 1122. Hoveden An, 113, p. 400.year 1132, or 1134.) the Mayors of London, (which had no **Graftons 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 Ireland, 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 Hiſtorians would have mentioned it, as well as his Laws, of which they give us this following account.

yyDe Event. Angl. l. 1. c. 15.Henry de Knyghton records; That King Edward after his Coronation, Conſilto Baronum, et caeterorum Regni, received, eſtabliſhed, and confirmed p. 315Propoſit, 5, 6.the good Laws, which for 68 years lay as it were aſleep, among the ſleepers, and buried in Oblivion Theſe Laws are called, the Laws of St. Edward, not becauſe he had firſt invented them, but becauſe they being as it were put under a Buſhel, and laid in oblivion from the time of his Grandfather King Edgar, he put to his hand, firſt to find them out, and then to eſtabliſh them. zzDe Geſt… Reg. l. 1. c. 1… p. 75. SeeS…elm. Concil. p. 569.Wil. of Malmesbury thus writes of theſe Laws: Omnes Leges ab antiquis Regibus, & maxime 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 aaAd …adm…rum & No…, & Spicele…ium. p. 171.Mr. Selden, out of him, together with bbAnnalium pars poſterior, p. 608.Roger Hoveden, and ccDe Brit. Eccleſiarum Primord… p. 720.Biſhop Uſher, inform us concerning theſe Laws. Ex illo die magna autoritate veneratae, et per univerſum regnum corroboratae & conſecratae ſunt prae caeteris regni legibus Leges Regis Edwardi; quae quidem prius inventae & conſtitutae fuerunt tempore Regis Edgari, avi ſui. Veruntatem poſt mortem ipſius Regis Edgari, uſque ad Coronationem S. Regis Edw. quodcontinet annos 67 predictae leges ſopitae ſunt, e… penitus praetermiſſae. Sed poſtquam Rex Edwardus in regno fuit ſublimatus, Conſilio Baronum Angliae, Legem 67 annis ſopitam 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 a 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 Anglorem 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 da 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, Cheſhire, Staffordſhire, Warwickſhire, and Oxfordſhire. After theſe there was ſuperadded a Law, written in the Saxon or Engliſh tongue, by Ina King of Weſt-Saxons, to which Alfred King of the Weſt-Saxons afterwards 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, Middle ſex, Suthfolk, Northfolk, Herthfordſhire; Cambridgeſhire, Huntingdonſhire, Lincoln-ſhire, Nottinghamſhire, 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. John Fox in his Acts and Monuments, vol. 1. p. 213, 214. Samuel Daniel his Collection of the Hiſtory of England, p. 22. John Speed his Hiſtory of Great Britain, p. 410. Fabian, Holinſhed, Caxton, Grafton, and others, almoſt in the ſelf-ſame 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 ddHiſtorie, p. 914.Ingulphus Abbot of Croyland, in the cloſe of his Hiſtory (to which they are eeIo. Selde… ad Eadmerum Not… 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 …unt; 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. Lambaerd in his Archaion, Henry de Knyghton de Eventibus Angliae, l. 2. c. 4. Spelmanni Concili. p. 613. Mr. Iohn Selden, ad Eadmerum & 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.

In 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 ffL…x 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 left arbitrary to the King, his Iuſtices, or other Officers, for the Subjects greater liberty, eaſe and ſecurity. 2. ggLex 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 hhTotles 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 iiLex 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 kkLex 3. in Hoveden, Lambard, Knyghton.Cauſes and pleas of the Church ought firſt to be heard & ended in Courts and Councils before any other, Iuſtitia enim eſt, ut Deus [l] Lex 11. in Hoved. Lamb. Knyghton. Propoſit. 109.ubique praecaeteris honoretur. 5. That they thus define Danegild: 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 jacebar, 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 eſi ei, 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 granted 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 raiſed 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; mmCap. 15, & 17. in Hoveden, Knyghton, 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 evildoers from it, and utterly to deſtroy 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 pronounced concerning the name of a King, by William the baſtard King of England, fooliſhly writ to Pope John, demanding this queſtion 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 nnActs 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, all the Lands, Honours, Dignities, Propoſit. 10.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, above all things, ought to fear God, to love 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. He ought alſo to ſet up Propoſit. 5…Good Laws and 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 as of the Spiritualty) before he be crowned of the Archbiſhops and Biſhops. Three Servants the King ought to have under his feet as Vaſſals, Fleſhly Lust, Avarice, and Greedy 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 Kings 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 ooAntiqu. Ec cleſ. Brit, 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 ppAilredus Abbas, de Vita & Mirac. Edwardi Confeſſoris, col. 394, 395. Malmsb. de Geſtis Reg. Angl. l. 2. c. 13. p. 81. Hen. Huntindon, Hiſt. l. 6. p. 366. Ingulph… Hiſt. p. 898. Mat. Weſtm. An. 1054 p. 424. Radulphus de Diceto Abbrev. Chron. col. 476. Chronicon Io. Bromton, col. 944. Hen. de Knyghton, de Eventib. Angl. l. 1. c. 11. Hygden. Polychron. l. 6. c. 25, Eadmerus Hiſt. Novorum, l. 1. p. 4. Fox Acts & Monuments, Vol. 1. p. 213.marginal Historians thus relate; and Abbot Ailred thus prefaceth. Inſerendum Anno 1053.arbitror quomodo Godwinum proditionum ſuarum donatum ſtipendiis, divini judicii ultrix ira conſumpſerit, detest andique 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 Juſtice would at ſome time or other revenge ſo great malice of the Earl, and telling Godwin himſelf ſo much. Whereupon on a certain day when the King was celebrating the Feaſt of Eaſter at Winchester (as moſt,) or at Windſor, (as ſome,) or Hodiam (as others) relate; which feaſt was famous among the people; p. 323Propoſit. 8.the King ſitting at his royal Table at dinner, the Kings Cup-bearer (Harold, Godwins own Son as ſome record) bringing the Kings cup filled with Wine towards the Table, ſtriking one of his feet very hard againſt a ſtumbling block on the pavement, fell almoſt to the ground, but his other foot going ſtraight on recovered him again, and ſet him upright, ſo that he had no harm, nor ſhed any of the wine. Upon which many diſcourſing touching this event, and rejoycing that one foot helped the other, Earl Godwin (who cuſtomarily ſate next to the King at Table, being his Father-inlaw) 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 vocem Proditoris, et mox eodem pane ſtrangulatus, mortem praeguſtavit aeternam; writes qqAbbrev. 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 ſinem; and immediately after they buried him privily in the old Monaſtery at Wincheſter, without honour or ſolemnity. Abbot rrHiſtoria, p. 389.Ingulphus thus briefly relates the ſtory of this his death. Anno Domini 1053. cum Godwinus Comes in menſa Regis de nece ſui fratris impeteretur, ille poſt multa Sacramenta tandem per buccellam deglutiendam 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 ssDe Gestis Regum, l. 2. c, 13 p. 82, 83. See Speeds Hiſtory, p. 418.Will. Malmsb. 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 rains, 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 Jeruſalem 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 fit 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: Even 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, ooMat. Weſtminſter, wigorn. Sim. Dunelmen. Hoveden, Bromton, Anno 1053. Fabian, Holinſhed, and others.Rbeeſe brother of Griffin King of Southwales, was ſlain by King Anno 1053.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 ppMarianus Scotus, Wigorn. Mat. Weſtminſt. Sim. Dunelm. Huntindon, Hoveden, Knyghton, Bromton, Radulphus de Diceta, col. 478. VValſingham, Hiſt. Angl. p. 17. 51.Sywarà the valiant Duke of Northumberland, to invade Scotland with an Army of horſe and a ſtrong Navy, to remove Mackbeoth K. of Scots (to whom he had formerly Anno 1054.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 buckler 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 Walteof his Son was then but an inſant, his Earldom was given by the King to Toſti, 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. qqHuntindon, …ſt. l. 6 p. 366. Marianus Scotus, Mat. Weſtminſter, VVigornienſts, Sim. Dunelm, and Bromton, Ann. 1055. Hen. 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, Speed, and others.King Edward, Habito Londoniae Anno 1055.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 Edwards Siſters Propoſit. 2, 4, 5, 6, 9.Son, raiſing an Army, and meeting them two miles from the City of Hereford, commanded the Engliſh to fight on horſeback contrary to their cuſtom: But when they were about to 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 informed of it, commanded an Army to be preſently aſſembled out of all England, which meeting together Propoſit. 3.at Glouceſter, 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 Hereford, he enviroued 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 between 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 rrMalmsbury 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 jnxta Conſilium Procerum id nolente, he thereupon reſigned his Biſhoprick, went beyond the Seas, 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. ssWigornienſis, Hoveden, Huntindon, Sim. Dunelm. Mat. Weſtminſter, Bromton, Hygden, Fabian, Holinſhed, Fox Acts & Monuments, Vol. 1. p. 213. Cambdens Britannia, p. 568.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, freed the City of Propoſit. 1.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. Whereupon 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.

(t) Algarus his ſon ſucceeding him in the Earldom Anno 1058.of Mercia in the year 1058. was baniſhed the ſecond (e) Wigornienſis, Hoveden, Sim. Dunelm. Anno 1058. Ingul. Hiſtoria p. 898. Speed, and others.time by Kiag Edward; but by the aſſiſtance of Griffin King of Wales, and help of the Norwey 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. Griffin King of Wales having (contrary to his former league Propoſit. 2.and agreement) invaded, infeſted England, ſlain the Biſhop of Hereford, burnt the City, harrowed the Country, Anno 1063.and twice aſſiſted Earl Algarus againſt King Edward; thereupon Anno 1063. uuMat Weſt…, …oveden, 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 aTribute to K. Edward, as their Soveraign, and baniſh their King Griffin: whom they expelled accordingly that year: and An. 1064. they out off their King Griffins head, and ſent it unto Harold, who preſently tranſmitted it to K. Edward: whereupon the King made Griffins Brothers Blethagent and Redwallo, Kings over the Welſhmen, to whom he gave that land, who ſware Fealty to King Edward and Harold; et ad imperium illorum mari terraque ſe fore paratos, ac omnia quae prius de terra illa Regibus anterioribus fu… rant Propoſit. 4, 8,penſa obedienter ſe penſuros responderunt, as Wigornienſis, Hoveden, Simeon Dunelmenſis, and others record their Oath.Anno 1065.

The next year xxAilredus Abbas, de …ita & Mirac. Edwardi confeſſoris, col. 394. Malmsbur. de Geſt. Reg. l. 2. c. 13. Mat. weſt. Huntindon, Hoveden, 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 ſides, 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 f…ud 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 Mannor 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 Regni 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 powdered, 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 Goſpatric, whom Queen Egitha, in the cauſe of her brother Tosti, had commanded treacherouſly to be ſlain on the 4th day of the precedent Chriſtmaſs, and of Gamel the ſon of Orue, and Ulfe ſon of Delfin, whom Tosti the year before had commanded to be treacherouſly murdered in his chamber at York, under pretext of making a Peace with them; necnon pro immanitate Tributi quod de tota Northimbria Propoſit. 1, 2.injuſte acceperat; as alſo for the exceſliveneſs 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 poſſe: 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 knew to obey, if they were ſweetly handled. But all of them unanimouſly refuſed any reconciliation at all Propoſit. 1, 2,with Toſti, whom they Outlawed, together with all thoſe who had incited him to make an unjuſt Law, and impoſe an illegal Tribute upon them. Harold hearing theſe things, and minding more the Peace of the Country, than his brothers profit, recalled his Army; and the King 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 rrHiſtoria, 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 u…fit 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 ſuccedere in Regnum Angliae voce ſtabili ſancivit; and decreed, by a ſtable vote, that he ſhould ſucceed him in the Realm oſ 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 juſtiſsiu…us in cauſarum judicio, a most juſt Judge in the judging of cauſes, and most religious and most devout in the ſervice of God. Hereupon King Edward ſent Robert Archbiſhop of Canterbury to him, as his Legate a Latere, or ſpecial Embaſſador, illumque deſignatum ſui regni Succeſſorem tam debito cognationis, quam merito virtutis ſuae Archipraeſulis relatu 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 after 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 he ſubjoins, Edwardi piiſſimi Regis, cujus cognatione et conſanguinitate inclytus Rex noſter Willelmus fundat conſcientiam ſuam regnum Angliae invadendi, caeteris Regibus de Danorum ſanguine, quaſi nullius authoritatis ad allegandum, interim intermiſſis.

ssDe Geſ…is Regum, l. 2. c. 13 p. 93.William of Malmsbury (who flouriſhed in or near that very age) thus ſeconds him. After the death of Edward, his ſon Edgar was, Neque promptus menu, neque probus ingenio. Rex itaque defuncto cognato, quia ſpes prioris erat ſoluta ſuffragii, Willielmo comiti Normanniae ſucceſsionem Angliae dedit. Erat ille hoc munere dignus, praeſtans animi juvenis, & qui in ſupremum fastigium alacri labore excreverat. Praeterea proxime conſanguineus, filius Roberti, filius Richardi ſeoundi, quem fratrem fuiſſe Emmae matris Edwardi, non ſemel eſt quod diximus▪ Forunt quidam ipſum Haroldum a Rege in hoc Normanniam miſſum: alii ſecretioris conſilii conſcii invitum venti violentia illuc actum, quo ſe tueretur inveniſſe commentum; 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 muttered (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 Guido 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.

ttFlores Hiſt… 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 thereto: Tradunt autem aliter alii, quod videlicet Haroldus a Rege Edwardo fuerat ad hoc in Normanniam miſſus, ut Ducem Gulihelmum in Angliam conduceret, qnem idem Rex Edwardus Haeredem ſibi conſtituere cogitavit.

Roger de Hoved. Annal. pars prior. p. 449. Radulph. de Diceto Abbr. Chron. col. 480, 481. Eadmerus Hiſt. Novorum, l. 1. p. 4, 5. Sim. Dunel. Hiſt. col. 195. Jo. 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 ſent by him, but yet left him free to do what he pleaſed of himſelf therein: Adding, Praeſentio tamente 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 praeſcie …it 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 inveneolim juvenis in Normanniae demoraretur, ſibi interpoſita fide ſua, pollicitum ſuiſſe, quod ſi Rex Angliae foret, Iusregni in illum Iure Haereditario transferret; & ſubdens ait; tu quoque ſi mihi te in hoc ipſo adminiculaturum ſpoſponderis, et inſuper caſtellum Dofris, cum puteo aquae, ad opus meum te facturum, ſororemque tuam, uni de Principibus meis dederis in uxorem, te ad me temport, quo nobis conveniet, deſtinaturum, nec non filiam meam in conjugem p. 337accepturum, promiſeris; tunc et modo nepotem tuum: et cum in Angliam venero regnaturus ſratrem 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. uuActs and Monnments, 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 … 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 Realm; William, I ſay, the baſtard, the ſon of Robert his Uncle, a valiant, warlike, and ſtout man: Who afterwards by Gods aſſiſtance, by vanquiſhing the foreſaid Harold ſon of Godwin, victoriouſly obtained the Realm of England. To which he ſubjoyns, That Edward wanting iſſue, ſent Robert 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 poin…. Univerſi compatriotae, qui leges edixerant triſtes effecti, &c. tandem eum 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.

xxYpodigma …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 captu…, cum ſuis confeſtim in cuſtodiam truſit. Quod ut …ux comperit miſſis Legatis violenter illum extorſit, quem aliquandiu ſecum moratū 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 ſervaret. Sed ille hoc non ſolum audire contempſit, verum omnem ab illo Anglorum gentem infideliter avertit, &c.

Chronicon Johannis 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 malitiam, et praecipuè ſuperbiam Haroldi, filii Godwini, et aliorum divina demonſtratione praevidens, percepit, quod propoſitum ſuum, quoad ipſum Edgarum cognatum ſuum, de regno poſt eum obtinendo, minime potuit adimplere, unde Willhelmo 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 to 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, be had ſent ſolemn Meſſengers to him into Normandy. The like is affirmed almoſt in the ſame words by Henry de Knyghton de Eventibus Angliae, l. 1. c 15. col. 2238. and by Fabian, Caxton, Cambden, Holinſhed, Grafton, Speed, Daniel, Stow, Veſtegan, and other modern Hiſtorians.

yy….Matthew Paris in the beginning of his Hiſtory of England, p. 1. relates Harolds driving into Pountoiſe 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, Juravit inſuper, ſe poſt mortem Regis Edwardi, qui jam ſenuit ſine liberis, Regnum Angliae Duci, qui in Regnum jus habuit, fideliter conſervaturum. Conſummatis igitur aliquot diebus p. 340cum ſumma laetitia, amplis muneribus ditatus, in Angliam reverſus eſt Haroldus. Sed cum in tuto constitueretur, jactabat ſe laqueos evaſiſſe Hostiles, Perjurii crimen eligendo. And **Hiſt. Angl. 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 conqueſtu: dicitur tamen quod beatus Edwardus, eo quod haerede caruit, Regnum legavit Willielmo Baſtardo Duci Propoſit. 10.Normannorum. Sed hoc robore aſſeruitur caruiſſe; quia hoc fecit in lecto Lethali, 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 next 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, and endowed it with ample lands and privileges by p. 341Anno 1066.three ſeveral Charters, by the advice and aſſent of all his Biſhops and Nobles as zzMat. Weſt Florentius Wigorn. Hoveden, …ilr…dus, Bromton, Polych: on. Fabian, Caxton, Grafton, Holinſhed, Fox, Spelman, Speed.aforeſaid, Anno 1066, cauſed it to be ſolemnly conſecrated on Innecents day, with great ſolemnity; but falling ſick in the midſt of theſe feſtival Solemnities of its dedication, he betook 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 aaFlores … p. 431.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 inimici; Daemoneſque terram hanc totam pervagabunt: bbDe Vita & Miraculis Edwardi Conſeſſoris, col. 399, 400.Abbot Ailred thus records it, Impletum dicunt Anglorum nequitiam, & iniquitas conſummata iram provocat, accelerat vind…ctam. Sacerdotes praevaricati ſunt pactum Domini, polluto pectore & manibus iniquitatis ſancta contrectant, & 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, arcum ſuum tetendit, et paravit illum; oſtendet deinceps populo hinc iram & indignationē, immiſſiones inſuper per Angelos malos, quibus traditi ſunt anno uno & die 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? Whether 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 ſorth 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 miſety. King Edward after his relation of this Viſion 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 interruption, 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.