Vindication of Fundamental Rights and Governments of English Freemen, Treatise · Chapter 4
CHAP. IV.
Compriſing a Summary Collection of all the Parliamentary Great Councils, Synods, Hiſtorical Paſſages, Proceedings, Lawes, relating to the Fundamental Liberties, Franchiſes, Rights, Government of the People, and other remarkables, under our Daniſh Kings, Cnute, Harold, and Harde-Cnute; from the year of our Lord 1017. till the first year of King Edward the Confeſſor, Anno 1042. With ſome brief Obſervations on the ſame.
IMmediately after the murder of King Edmond Ironſide, King Cnute the Dane, Anno 1017. taking poſſeſſion of the whole Realm of England, was ſolemnly aHolinſhed, Grofton, Speed, and others in his life, Radul. de Diceto, Abbrev. Chron. col. 466. Chron. Jo. Bromton, col. 906.crowned King at London, Anno 1017.by Living Archbiſhop of Canterbury, ſucceeding in the Realm of England, Non ſucceſſione haereditaria, ſed Armorum violentia, as bChronica, col. 1782.William Thorne obſerves: Injuſte quidem Regnum ingreſſus, ſed magna civilitate et fortitudine vitam componens, writes cDe Geſtis Regum Angl. l. 2. c. 11. p. 73.William of Malmsbury. Whereupon, the better to fortifie his Military Title, with a ſeeming publick Election, by the Nobles and Nation in a Parliamentary Council, and their open diſclaimer and renunciation of any Right or Title either in King Edmonds Sons or Brethren, to the Engliſh Crown, to ſettle it in perpetuity on himſelf and his poſterity; he dAthelredus Abbas, de Genealog. Regum Angl. col. 965, 966. Florentius Wigornienſis, p. 389, 390. Sim. Dunelmenſis, col. 175, 176. Hoveden Annal. pars 1. p. 436. Radulph. de Diceto, Abbrev. Chron. col. 466. Hen: de Knyghton, De Eventibus Angliae, l. 1. c. 3. Polychronicon, l. 6. c. 18. See Fabian, Grafton, Holinſhed, Speed, Daniel, in the Life of Cnute.commanded all the Biſhops, Dukes, Princes and Nobles of the Engliſh Nation to be aſſembled together at London in a Parliamentary Council: Where when they were all met together in his preſence, he moſt craftily demanded of them, as if he were ignorant, Who were the Witneſſes between him and Edmond Ironſide when they made their agreement… and diviſion of the Kingdom between them? What manner of conference there then was between him and Edmond concerning his Brethren and Sons? Whether it was agreed, that it ſhould be lawfull for Edmonds Brethren or Children to reign in the kingdom of the Weſt-Saxons after his death, by any ſpecial reſervation or agreement between them, in caſe Edmond ſhould die in his life-time? Whom he had deſigned to be his Heir? Whom he had appointed to be guardians to his Sons during their infancy? And what he had commanded concerning his Brothers Alfred and Edward? To which they all anſwering both falſly and ſlatteringly, ſaid, That they did most certainly know, King Edmond neither living nor dying had commended or given no part of his kingdom to his Brethren; and they did likewiſe know, that it was King Edmonds will, that Cnute ſhould be the Gardian and Protector of his Sons Propoſit. 5, 6, 8.and of the Realm, untill they were of age to reign, calling God himſelf to witneſſe the truth hereof. (O the ſtrange temporizing falſity, treachery, perjury of men in all ages!) But though they thus called God to witneſs, yet they gave a falſe teſtimony, and fraudulently lyed, preferring a lye before the truth, being forgetfull of juſtice, unmindfull of nature, unjuſt witneſſes, riſing up againſt Innocency, and betrayers of their own bloud and Country: when as they all well knew, that Edmond had deſigned his Brethren to be his heirs, and appointed them to be Guardians of his children; thinking by this their falſe testimony to pleaſe King Cnute, to make him more mild and gracious to them, and that they ſhould receive great rewards from him for the ſame. After their anſwers to thoſe Interrogatories, to ingratiate themſelves further with Cnute, though they were ſworn before to Edmond and his Heirs, and were Native Engliſhmen, yet they there all took a ſolemn Propoſit. 8, 1.Oath of Allegiance to Cnute, ſwearing to him, That they would and did chuſe him for their King, & humbly obey him, et Exercitui Vectigalia dare; and would give Tributes to his Army. And having received a pledge from Cnutes naked hands, with Oathes from the Princes and Nobles of the Danes, & Cnute reciprocal Oaths from them and all the people, they ratified a mutual Covenant and League of Peace with reciprocal Oaths between both Nations, reconciling and abandoning all publick enmities between them. They likewiſe ſwore, that they would caſt off, baniſh, and wholly reject King Edmonds Brothers, Sons, and Family. In purſuance whereof they there Nota.preſently, Fratres et filios Edmondi Regis omnino deſpexerunt, eoſque Reges eſſe negaverunt; unum autem ex ipſis praedictis Clitonibus, Edwinum, egregium et rever endiſſimum Edmundi Regis germanum, Ividem cum conſilio peſsimo, exulem eſſe debere couſtituerunt, as Roger de Hoveden, Abbot Ethelred, Wigornienſis and others at large record the Story. The diſcord, treacherous falſhood, diſloyal proceedings of the Engliſh Nation then towards one another, & the Engliſh royal line, is thus elegantly ſet forth by *De Vita & Miraculis Edwardi Confeſſoris, col. 374.Abbot Ailred; (a lively Character of our age) Externiſque malis acceſſit civilis diſcordia, adeò ut quis cui crederet, quis cui mentis ſuae ſecreta committeret neſciretur. Plena erat proditoribus Inſula, nuſquam tuta fides, nuſquam ſine ſuſpitione amor, Sermo ſine ſimulatione. Tandem eouſque Proditio Civilis, et aſtutia Proceſsit hoſtilis, ut defuncto Rege, Magna pars Inſnlae legitimis abdicatis haeredibus, Cnutoni qui Regnum invaſerat, manus darent; peremptoque invictiſſimo Rege Edmundo paterni honoris ſimul et laboris haerede, etiam Filios ejus, adhuc in cunis agences, barbaris mitterent occidendos. King Cnute, hearing this their palpable flattery, and contemptuous rejection of Edwin, and the Saxon regal Line, went joyfully into his Chamber, and calling perfidious Duke Edric to him, demanded of him, how he might deceive Prince Edwin, ſo as to have him murthered? Who thereupon informed him, how and by whom his murder might be accompliſhed by promiſed rewards of money and preferments, which was accordingly effected ſoon after by Cnutes procurement and command. This Edric likewiſe perſwaded Cnute, to ſlay Prince Edward and Edmond, King Edmonds ſons. Whereupon Statuit Cnuto mirabiliter in animo ſuo, omne genus Gentis Regni Anglorum perdere, vel exilio perenni eliminare, ut regnum Angliae filiis ſuis jure haereditario reſervare curaret, writes Matthew Weſtminſter, p. 402. But becauſe it might ſeem a great diſgrace to him, to murder theſe infant Princes in England, he afterwards ſent them over Sea to King Swane to ſlay them in Denmark; who abhorring the fact, inſtead thereof ſent them to Solomon King of Hungary to be preſerved and educated.
Cnute having thus through the flattery, perjury and treachery of the Engliſh Prelates and Nobles gained the intire Monarchy of England. ſlew or baniſhed all thoſe perfidious Engliſh Sycophants, temporizers who had the chiefeſt hand in this falſe teſtimony, abjuration & treacherous bloudy advice, againſt the Saxon Royal Family: …hoſe Counſel he ſlew or baniſhea all the bloodroyal of the Realm of England, that ſo he might Iure Haereditario, reſerve and perpetuate the kingdom to his own Poſterity by an hereditary right. Duke Edric the principal of them, for this and his other Treaſons forementioned, was deprived of his Dukedom of Mercia, and exemplarily executed as a moſt perfidious Traytor by Cnutes command the firſt year of his reign, and many of his Captains and followers were ſlain with him, (of which at large before.) Mortem Proditoris pro demeritis accepit laqueo ſuſpenſus, et in Tameſin fluvium projectus. Cum quo plurimis ſattellitum ſuorum ſimiliter occiſis, etiam inter eos praecipuus et primus Normannus occiſus est, writes Abbot eHiſtoria, p. 892.Ingulphus. Turkell Duke of Eaſt-England, and Hire Duke of Northumberland, were both baniſhed the Realm; Duke Norman and Bridric ſlain, an a heavy Tax of 82 Thouſand pounds (beſides 10000 pounds impoſed on London alone) Propoſit. 1, 8impoſed and levied on the whole Nation. Quoniam igi… proprii ſanguinis proditores adulantes Regimenti… … in cap… in cor … et à C…the quem naturalibus Dominis praetulerunt, confracture … Omnes qui primi in illo fuere conſilio exterminavit, et … vel regno repulit, vel occidit, as fDe Genealogia Regum Anglorum, col. 365, 366.Abbot E…elred reco…s to po…ty. ſo which gHistoriar. l. 6. p. 363.Henry Huntindon, and hDe Eventib. Angliae, l. 1. c. 3.Henry de Knyghton ſubjovn Poſteà vero Rex juſto Dei judicio dignam retributionem nequitiae Anglis reddidit: Ipſe namque …x Cnute Ed…m occidit, (quia timebat ab inſidi…s ab co aliquando circumveniri, ſicut Domini ſui priores Ethelredus & Edmondus frequenter ſunt circumventi, quorum diutina proditione alterum vexavit, alterum interfecit, add Florentius Wigornionſis, Simeon Dunelmenſis, Roger de Hoveden, and Radulphus de Diceto:) Turkellum exulavit, Hirc fugere compulit. Praeterea ſummos Procerum aggreſſus, Normannum Ducem interfecit. Edwi Adeling exterminavit, Adelwoldum detruncavit, Edwi Churleging exulavit: Birdric ferro vita privavit. iFlorentius Wigorn. Anno 1017. p. 391.Aethelwardus filius Agelmari Ducis, et Brihtricus filius Alphegi Domnanienſis Satrapae, ſine culpa interfecti ſunt. Fecit quoque per Angliam mirabilem Cenſum reddi, ſcilicet 82. (ſome write 72.) mille librarum, praeter undecies mille libri, quas Londinenſis reddiderunt. Dignum igitur exactorem Dominus Iuſtus Anglis impoſuit (for rejecting their own Hereditary Soveraign Line.) kPolychron. l. 6. c. 18. Fabian part. 6. c. 205.Radulphus Ceſtrenſis (engliſhed by Treviſa,) Fabian and lChronicle, p. 174.Grafton, thus ſecond them. Alſo they ſwore, that they would in all wiſe put off Edmonds kinn. They trowed thereby to be great with the King afterward, but it fared farr otherwiſe. For many or the more part of them, ſpecially ſuch as Canutus perceived were ſworn before to Edmond and his heirs, he mistrusted and diſdained ever after. Therefore ſome of them were ſlain by Gods Nota.rightfull dome, and ſome baniſhed, and exiled and put out of the Land, and ſome by Gods puniſhment died ſuddenly, and came to a miſerable end; which other of our Hiſtorians likewiſe regiſter: I ſhall deſire all ſuch who are guilty of the like Treachery, Flattery, Practice or Advice againſt their lawfull Sovereigns royal Poſterity, adviſedly to ponder this ſad domeſtick Preſident in their moſt retired Meditations, for fear they incur the like divine retaliation by Gods rightful doom, when and by whom they leaſt ſuſpect or fear it.
King Cnute thus quit of all King Edmonds Sons, Anno 1018.Brethren, kinred, and likewiſe of the greateſt Engliſh Dukes and Nobles who might endanger his Life, Crown, and new-acquired Monarchy, in the next place contrived, how to ſecure his Empire againſt Prince Alfred and Edward, Edmonds Brothers, then in Normandy with Queen Emma their Mother, and their Uncle Richard Duke of Normandy, a perſon of great valour, power, and intereſt; the only perſon likely to attempt their reſtitution to the kingdom and Crown of England. For which end he by gifts, Ambaſſies, and fair promiſes mMalmesb De Geſtis Reg. l. 2. c. 10. Mat. Weſtm. Hoveden, Huntindon Wigornienſis, Simeon Dunelmenſis, Radul. de Diceto, Brom…on, Polychron. Fabian, Holinſhed, Grafton, Speed, and others.procures Earl Richards conſent, to beſtow his Siſter Queen Emma upon him for his wife, who ariving in England in July 1018. was preſently maried to this Invader of her former Husbands kingdom, his ſons royal throne, and murderer, baniſher, diſhinheriter of his and her royal Poſterity, whereby her Brother Duke Richards thoughts were wholly diverted from ayding his Nephews to recover their right in England. *Ailredus Abas, de Vita & Miraculis Edwardi Confeſſoris, col. 374.Ex hinc cum C…utoni omnia pro voto ceſſiſſent, timens Ne Haeres legitimus Regnum quod ſibi de Iure debebatur, aliquando Normanica fretus vir…ut▪ Repoſceret, … Duc…s ſibi arctius colligaret affectum, Emmam defuncti Regis relictam duxit uxorem. Whereupon De illorum (Elfredi & Edwardi) restitutione Richardū avunculum nihil egiſſe comperimus, quia et ſororem ſuam Emmam hosti et invaſori nuptam collocavit: Ignores majori illius dedecore qui dederit, an foeminae quae conſenſerat, ut thalamo illius caleret, qui virum infeſtaverit filios effugaverit; is nDe Geſtis Regum l. 2. c. 10. p. 73.Malmesbury his obſervation and cenſure thereupon. Only their Uncle Robert attempted their te…itution, Congregatis navibus, et impoſitis militibus profectionem paravit, ſubinde jactitans ſe pronepotes ſuos coronaturum: et proculdudio fidem dict is expleſſet, niſi quia (ut à majoribus accepimus) ſemper …i ventus adverſabatur eontrarius, per occultum ſcilicet Dei judicium, in cujus voluntate ſunt poteſtates omnium regnorum. Reliquiae navium multo tempore diſſolutarum Rothomagi adhuc noſtra aetate viſebantur, writes Malmsbury. By this match with Queen Emma, as Cnute took off Duke Richard from yielding any aſſiſtance to his Nephews, in hopes his ſiſter might have iſſue by him to inherit the Crown of England (it being agreed between them on the marriage, that the iſſue of Cnute begotten on her ſhould inherit the Crown;) ſo it much obliged the Engliſh to him, and made them more willing to ſubmit to his Government, oMalms…. de Geſtis Reg. 1. 2. c. 11. p. 73.ut dum conſuetae Dominae deferrent obſequium, minus Danorum ſuspirarent Imperium: the rather, becauſe they much honoured and affected her for her manifold vertues, of which they had long former experience: and likewiſe becauſe they hoped it might be a meanes to reſtore Ethelreds iſſue by her to the Crown again, in caſe ſhe had no iſſue by Cnute to inherit it; which in truth it effected by Gods providence, contrary to Cnutes deſign. After this mariage this politick Forein Intruder, to eſtabliſh his Monarchy over England, endeavoured to reconcile the Engliſh to him by all other publick means he could deviſe, and that by Emmaes advice.
1. By advancing ſome of the Engliſh Nobility to places of Honour and truſt, as pFlorentius Wigorn. Simeon Dunelm. Hoveden, Speed & others.Leoffric; whom he made Duke, in the place of his Brother Norman whom he had ſlain; with ſome others, and loving them very dearly.
2. qMalmsb. de Geſtis Regum, l. 2. c. 11. Wigornienſis, Speed.By granting to the Engliſh equal Rights, and Privileges with his Danes, in Conſeſſu, in Conſilio, in Praelio; and favouring and advancing them both alike.
3. rMalmsb. de Geſtis Regum, l. 2. c. 11. Mat. Weſtm. Huntindon, Hoveden, Wigornienſis, Sim. Dunelm. Radulphus de Diceto, Bromton, Polychron. Fabian, Grafton, Holinſhed, Speed.By favouring and enriching the Engliſh Clergy and Church-men, and manifeſting extraordinaty piety, devotion, bounty in repairing, building, endowing Monaſteries and Churches throughout the Realm, which had been partly decayed, partly demoliſhed and prophaned by his and his Fathers former wars and excurſions: And by erecting new Churches in all places where he had fought any battel, eſpecially at Aſehendune, and placing Prieſts in them, perpetually to pray for the ſouls of thoſe that were there ſlain. Ita omnia quae ipſe, et Anteceſſores ſui deliquerunt, corrigere ſatagens, prioris Injustitiae naevum apud Deum fortaſſis, apud Homines certè abstulit; as sDe Geſtis Regum, l. 2. c. 11.Malmsbury relates.
4. tMat. Weſtm. VVigorn. Sim. Dunelm. Radul. de Diceto, Knyghton, Fabian, Grafton, Holinſhed, Speed, Huntindon, VVigornienſis.By eaſing them of his Daniſh Forces, and conſtant heavy Taxes for their maintenance: For by the advice of Emma, he ſent back all his Daniſh ſtipendiary Souldiers to their Native Country, and all his Ships but 40, which he retained to tranſport him into Denmarke the next year. To return, pay off, and disband which forein Forces, the Engliſh paid him a Tribute of 82. as ſome, or 72 thouſand pounds as other Historians record, collected out of all England, and the Londoners 11 thouſand or 10500 marks more. Which Tribute I conceive was granted him in the Council of London the year before; wherein all the Prelates and Nobles took an Oath, uWigor…n. Sim. Dunelm. Hoveden and others.Suo exercitui vectigal dare; according to their former agreement at Glocester, upon the partition of the Kingdom between Edmond and Cnute; wherein King Edmond [x] VVigorn. p. 389. Sim. Dunelm. col. 175.and all the Engliſh Nobles and Army ordained, that a Tribute ſhould be paid to the Daniſh Fleet, TRIBUTO QUOD CLASSICAE MANUI PENDERETUR STATUTO. So that I conjecture, it was not impoſed on the people by Cnutes abſolute power, but by common Grant and Conſent of a Great Parliamentary Council.
5. yWigornien. Bromton, Sim. Dunelm. Hoveden, Holinſhed, Speed, Malmsb. and others.By ratifying all their former good old fundamental Laws, Rights, Liberties, Privileges, which they uſed, enjoyed under their Saxon Kings, by enacting other good wholeſom Laws, repealing all unjuſt Laws, and redreſſing all exactions and grievances.
By which means he ſo obliged the Engliſh to him, that they cordially aſſiſted him in his Daniſh wars, chearfully obeyed him, and never raiſed any Inſurrection or Rebellion againſt him, though frequently abſent out of the Realm, all his reign, albeit he had no Army nor Garriſons to over-aw them.
In the ſecond year of his reign, zFlorentius VVigornienſis, Sim. Dunelm. Radulphus de Diceto, Rogor Hoved, Chron. Ioh. Bromton, col. 908. Hen. de Knyghton de Eventib. Angl. l. 1. c. 3. Grafton, p. 174. Speed, Holinſhed, Fabian, part. 6. cap. 205. f. 272. Propoſit. 5, 6.Anno 1018. Anno 1018.King Cnute aſſembled a Parliamentary Council both of the Engliſh and Danes at Oxford, wherein they both accorded, That King Edgars Lawes ſhould be obſerved. Angli et Daci apud Oxonefordiam, de lege Regis Edgari concordes ſunt effecti; as Florentius Wigornienſis, Sim. Dunelmenſis, and others expreſs it: but the Chronicle of Bromton thus. Poſthaec apud Oxoniam PARLIAMENTUM tenuit, ubi Angli, ſimul & Dani, de Legibus Edgari Regis obſervandis concordes facti ſunt: Which Fabian, Grafton, Speed, and others thus expreſs in Engliſh. He called A PARLIAMENT at Oxford, where among other things it was enacted, That Engliſhmen and Danes ſhould hold and firmly keep the Laws of Edgar, late King; Which Parliament they miſplace ſome in the 3. others in the 15. year of his reign, when it was in the ſecond.
aMat. weſtm. p. 423. VVigorn. p. 392. Hoveden, p. 437. Sim. Dunelm. col. 177. Radulph. de Diceto Abbrev. Chron. col. 467.King Cnute ſailing into Daenmark in the third year of his reign, having there ſetled his affairs, returned Anno 1020.into England, Anno 1020. about the feaſt of Eaſter. Apud Orenceſtriam CONCILIO CONGREGATO, as Matthew Weſtminster; or, Apud Cirenceaſtram, MAGNUM CONCILIUM HABUIT, as Florentius Wigornienſis, Hoveden, and Simeon Dunelmenſis, record it. And then held a great Parliamentary Council at Orenceſter (or Cirenceſter) wherein he baniſhed Duke, Ethelward. And this year as Radulphus de Diceto informs us, Rex Canutus CONSILIO CLERI Propoſit. 2, 5, 6, 10.ET PROCERUM; by the Counſel of his Clergy and Nobles (moſt likely aſſembled in this Council at Cirenceſter) and eſpecially of his Queen Emma, he placed Monks in the Monaſtery of Badriceſworth, wherein the bodie of King Edmond the Martyr reſteth, removing the Secular Prieſts from thence. Matthew Weſtminſter thus relates it. Conſilio Emmae Reginae, et EPISCOPORUM, SIMUL ET BARONUM ANGLIAE Monachos in eo constituit, &c. Caenobium quoque beati Regis et Martyris Edmundi tot praediis et bonis aliis ampliavit, ut omnibus ferè Angliae Monaſteriis, in rebus temporalibus merito praeferatur.
Sir Edward Cook in his Preface to his 9. Reports, Anno 102….out of an antient Manuſcript of the Abbey of St. Edmonds, which he ſaid, was in his cuſtody, gives us this account of a Parliament held at Wincheſter, in the 5. year of King Cnute his reign, (Anno 1021.)
bSpelmanni Concilia, p. 534.Haec ſunt Statuta Canuti Regis Anglorum, Danorum, Norwegiarum, Venerando Sapientum ejus conſilio, ad laudem et gloriam Dei, et ſui Regalitatem, et commune commodum, habito in Sancto Natali Domini apud Winton, &c.
Rex Canutus anno regni ſui 5. viz. per centum et triginta annos ante compilationem Decretorum, quae Anno Dom. 1150. fuerunt compilata anno ſeptimo. Pontificatus Papae Euge…i …ertii, et ante compilationem aliorum Canorum quorumcunque, Cunctos Regni ſui Praelatos, Procereſque ac Magnates ad ſuum convocans Parliamentum, Propoſit. 5, 6, 10.in ſuo publico Parliamento, perſiſtentibus perſonalite… in eodem …no et Ade…nodo Archiepiſcopis et Ailwino Epiſcopo Elmhamenſe, et aliis Epiſcopis, ipſorum ſuffraganeis, ſeptem Ducibus, cum totidem Comitibus, necnon diverſorum Monasteriorum nonnullis Abbatibus, cum quamplurimis gregariis Militibus, ac cum populi multitudine copioſa, ac Omnibus tunc in eodem Parliamento perſonalitur exiſientibus, Votis Regiis unanimiter conſentientibus, praeceptum et decretum fuit, Quod Monaſte Sancti Edmondi, &c. ſit ab omni Juriſdictione Epiſcoporum Comitatus illius, ex tunc in perpetuum funditus liberum et exemptum, &c. Illuſtris Rex Hardicanu us, praedicti Regis Canuti filius, haeres et ſucceſſor, ac ſui Patris Veſtigiorum devotus imitator, &c. cum laude et favore Aegelnodi Dorobernienſis, nunc Catuarienſis, et Alfrici Eborac. Epiſcoporum, aliorumque Epiſcoporum Suffraganeis, necnon Cunctorum Regni ſui mundanorum Principum, deſcriptum conſtituit, roboravitque praeceptum.
That (which this Manuſcript ſtiles ſo often a Parliament, held at Wincheſter, in the 5th year of King Cnute (of which there is not one Syllable in any of our Hiſtorians) is as I conceive, that which Matthew Weſtminſter, Wigornienſis, Hoveden, and Simeon Dunelmenſis ſtile CONCILIUM, ET MAGNUM CONCILIUM, &c. held at Cirenceſter or Orenceſter, not Wincheſter, the 4th year of his reign: wherin by the Counſel of Queen Emma, and of his Biſhops and Barons, he placed Monks in the Monaſterie of Bedericheſiorthe, where St. Edmund was interred; and endowed the Monaſtery of St. Edmond with ſo many farmes and other goods, as made it one of the richeſt in all England, as thoſe Hiſtorians witneſs; Whoſe Name and date the ignorant compiler of this Manuſcript miſtook; whoſe Antiquitie and reputation is very ſuſpitious, as (c) [b] Concilia, … 534.Sir Henry Spelman informs us. Firſt, becauſe Sir Henry could never gain the ſight of it from Sir Edward Cook, though he oft-times promiſed to lend it him to peruſe for his ſatisfaction. And that which dares not abide the ſight and teſt of ſuch a judicious learned Antiquary, when deſired, may juſtly be deemed an Impoſture. 2ly. Sir Henry Spelman conceives the Author of this Manuſcript, writ not before the end of King Henry the 3d, if ſo ſoon, ſeeing he calls the Great Council of the Realm, ſo frequently a Parliament, which Title was not given it in Manuſcripts or Hiſtorians, till the end of King Henry the 3d, or after his reign; And Wigornienſis, Matthew Weſtminſter, Hoveden, and Simeon Dunelmenſis, all ſtile it onelyonly CONCILIUM, not Parliamentum. 3ly. Becauſe he certainly miſtakes in his Chronology in making Aegelnoth Archbiſhop of Canterbury in the reign of King Hardecnute, when as he died and Eadſi was made Archbiſhop thereof two years before Hardicnutes reign, which Eadſi crown'd him King, as Matt. Weſtminſter, An. 1038. together with Matthew Parker and Godwin, atteſt. And therefore he might as groſly miſtake in other things. 4ly, It appears by the recital it ſelf, that it was writ above 130 years at leaſt after this Council under Cnute, becauſe it recites, it preceeded the Decrees made ſo long after, under Pope Eugenius, An. 1150. 5ly. The form of the Prologue, Haec ſunt Statuta, &c. coupled with, ad ſuum convocans Parliamentum in ſuo publico Parliamento: and, aliis Epiſcopis ipſorum Suffraganeis, prove it not to be written before King Edward the firſt his reign; when ſuch phraſes came firſt in vſe: Sir Edward Cooke himſelf informing us in his Epiſtle, that in Cnute his reign, ſuch State-Aſſemblies were ſtiled Venerandum Concilium Sapientum, & ſic enim apud majores Parliamentum illud Latine redditur. 6ly, Becauſe it ſubjoins, cum quamplurimis gregariis militibus, ac cum populi multitudine copioſa, as if they had been perſonally preſent in this Parliamentary Council, as well as the Archbiſhops, Biſhops, Abbots, Dukes and Nobles; of which there is not one ſyllable in our four antient Hiſtorians, which mention this Council at Cirenceſter. Neither can theſe Gregarii milites be intended Knights of ſhires; nor populi multitudine copioſa, Commoners or Burgeſſes elected to ſerve in Parliament by and for the people, (as Sir Edward Cooke and others fancy) there being no mention of any ſuch choſen Knighrs of Counties, Citizens, Burgeſſes or Commons in that or ſucceeding ages, till about the reign of King Henry the 3d. but only, ordinary Souldiers, and the Vulgar ſort of people, admitted to be preſent in the Council at the reading and paſſing of the Charter to St. Edmond, as they are now admitted into the Lords Houſe, together with the Knights and Burgeſſes at the beginnings and ending of our Parliaments, and upon publike Trials, Conferences and Occaſions; at which times there are more common people ten to one uſually preſent to ſee and hear what is acted, who are no members, then there are Members of the Commons Houſe, which never ſate together with the Lords for ought appears, much leſs in this Parliament, as ſome confidently inferr from this Spurious Antiquity; which Sir Edward Cooke (little verſed in Antiquities, and oft miſtaken in them) ſo much magnifies and inſiſts on.
In the year of Chriſt 1021. dMat. Weſt: Florent. Wigorn. Sim. Dunelm. Huntindon, and Hoveden.King Cnute, uppon occaſions and offences taken by him, baniſhed Duke Turkell (to whom he had formerly committed Eaſt-England) Anno 1021.with Edgitha his wife; and Hirc Duke of Northumberland, out of England. Turkell no ſooner arived in Denmark, but he was there ſlain by the Dukes of the Country, by divine vengeance, he being a chief inciter of the death of St. Alphege.Propoſit. 2.
eMat. Weſtm. Flores Hiſt. p. 404.The Engliſh & Danes, An. 1022. in Colloquio apud Anno 1022.Oxoniam celebrato, de Legibus Regi Edwardi pr…i tenendis coucordes facti ſunt. Unde eiſdem Legibus, jubente Rege Cnutone, ab Anglica lingua in Latinam tranſlatis: tàm in Dania quàm in Anglia. propter earum aequitatem Propoſit. 5.à Rege praefato obſervari jubentur, as Mat. Weſtminster relates, Anno 1022. So as he impoſed no New Laws on them, nor revived old, but only by common conſent in a Parliamentary Council both of Engliſh and Danes.
fMat. VVeſt. p. 404. Malmsbury, De Geſtis Regum, l. 2. c. 11King Cnute in the year 1023. did ſo carefully Anno 1023.endeavour to reform all things wherein himſelf or his Anceſtors had offended, as he ſeemed to wipe away Prioris Injustitiae Naevum, the Blot of his former Injuſtice, as well with God as with men. And by the exhortation of Queen Emma ſtudying to reconcile all the Propoſit. 5.Engliſh to himſelf he beſtowed many Gifts upon them, et inſuper bonas Leges omnibus et placentes promiſit: and moreover promiſed good and pleaſing Lawes to all. The beſt means to win and knit the peoples hearts.
gMat. VVeſt. p. 405. Huntindon, Hiſt. l. 6. p. 364. Malmsbury de Geſtis Reg. l. 2. c. 11.Anno 1024. Cnute leading an Army of Engliſh Anno 1024.and Danes againſt the Swedes, whereof he loſt many in the firſt battel, the next day, when he appointed again to fight with them, Earl Godwin, General of the Enliſh Militia, without King Cnutes privity, reſolved with his Engliſh forces alone to invade the Swediſh Enemies in the night. Whereupon uſing this Speech to his Souldiers, ut priſtinae gloriae memores, robur ſuum oculis novi Domini aſſerent, &c. they all valiantly aſſaulted the Enemies at unawares, put them all to flight, ſlew an innumerable multitude of them, and Propoſit. 8.compelled the Kings of that Nation, Ulf and Eglaf, to yield to terms of Peace. Cnute preparing to fight very early the next morning, thought the Engliſh had been either fled away, or revolted to the Enemies; but marching to the Enemies tents, and finding nothing but the bloud and carcaſſes of thoſe the Engliſh had ſlain; he thereupon ever after had the Engliſh in great eſteem; who by this their Victory Comitatum Duci, ſibi laudem paraverunt, writes Malmsbury; Cnute returning joyfull of this Victory into England, and beſtowing an Earldom on Godwin for this Service.
In the year 1027. Cnute hearing that the Norwegians Anno 1027. to 1030.diſeſteemed Olaus their King by reaſon of his ſimplicity, bribed his Nobles with great ſums of gold [h] Florentius VVigornienſis, Simeon Dunelm. Hoveden, Mat. Weſtmin. Anno 1027, 1028, 1029, 1030. Radulſ. de Diceto, Bromton, Huntindon, and others.and ſilver to reject Olaus, and elect him for their King; which they promiſing to do, the next year he ſailed into Norwey with 50 ſhips, thruſt Olaus out of his kingdom, by conſent of his Nobles, and ſubdued his Realm to himſelf; whence returning into England, An. 1029. H…conem Danicum Comitem, quaſi Legationis cauſa, in Exilium miſit, becauſe he had maried Gunilda a Noble matron, daughter of the King of Vandals, unde metuebat, ab illo vel à vitâ privari, vel àrregno expelli: who was after drowned in the Sea, or ſlain in the Orcades, Anno 1030. In which year Robert Duke Propoſit. 2. 5, 6.of Normandy going to Hieruſalem, Apud Fiſchamium PROCERES AD COLLOQUIUM VOCAVIT; ibique Gulielmum filium ſuum, haeredem ſibi conſtituens, fecit omnes ei fidelitatem jurare. And the ſame year the Norwegians cruelly murdered Olaus their King, Doctor; Preacher and Apoſtle with an ax. Indignabatur enim Gens illa pagana et cruentiſſima, QUOD PRIMAS LEGES et ſuperſtitioſas idem ſanctus Rex Olaus praedicando, docendo, evangelizando, ſtatuendo evacuaret. But Cnutes gold was the prime cauſe thereof, to get his Crown as he had done his Realm and Edmond Ironſides; for whoſe ſoul he prayed, and offered a rich embroydered Pale on his Tomb at Glaſtonbury, Anno 1026. Hoc autem feciſſe creditur, ne in mortem ejus, cui in certamine ſingulari confoederatus fuerat, conſenſſiſſe videretur, writes iFlores Hiſt, p. 405.Mat. Weſtminſter.
kIngulphi Hiſt. p. 893, 894. VVill. Malmsbury de Geſtis Regum, l. 2. c. 11. p. 74. Mat. VVeſtm. p. 407, 408. Hoveden, Annal. pars 1. p. 437. Flor. VVigorn, p. 394, 395. Radulph. de Diceto, Abbrev. Chron. col. 468. Bromton, col. 912. Polychrion. l. 6. c. 20. Sim Dunelm. p. 178. Fabian, Holinſhed, Grafton, Speed, and others.King Cnute, Anno 1031, (to palliate his Uſurpations Anno 1031.of other mens Crowns with the ſhew of Devotion) travelled to Rome in very great pomp, where he offered very great gifts in gold, ſilver, rich veſtments, and pretious ſtones; and obtained from Pope John, That the Engliſh School ſhould be frée from Tribute. In his going and returning he not only gave large alms to the poor, but likewiſe removed and deleted many nnjuſt Tolls and Taxes, exacted from ſuch who travelled to Rome, giving a Great price to aboliſh them. He ſolemnly vowed to God before the Sepulcher of the Apoſtle Peter, a reformation both of his life and manners. In purſuance whereof, he writ a Letter from Rome to the Archbiſhops of Canterbury and Yorke, all the Biſhops, Nobles, and Rulers, and to the whole Engliſh Nation, as well Nobles as Plebeans; wherein he certified them, That he had procured from the Emp. of Germany, King Rodolphus, the Pope, and other Princes, a releaſe of all unjuſt Tolls and Taxes exacted of his people as they travelled out of devotion towards Rome, and of the vaſt ſums of money which the Archbiſhops paid to the Pope for their Palls. After which he in Propoſit. 1, 2, 4.forms them, That he had vowed to juſtify his life to God himſelf in all things; To govern the Kingdoms and Nations under his ſubjection juſtly and piouſly; To obſerve juſt judgement in all things; and if through the Intemperance or negligence of his youth he had hitherto done any Nota.things beſides that which was JUST, that he promiſed by Gods aſſiſtance to reform it all. Therefore I obteſt and command all my Counſellors, to whom I have committed the Counſels and Juſtice of my Realm, that by no means, either for fear of me, or through favour to any potent perſon, they ſhould from henceforth doe any Injuſtice, or cauſe it to ſprout up in all my kingdom. Likewiſe I command all the Sheriffs and Officers throughout my Realm, as they deſire to enjoy my favour or their own ſafety, that they do No unjuſt violence to any Man, neither to rich nor poor; but it ſhall be lawfull for all, as well Noble as Ignoble to enjoy juſtice and right: from which they might not deviate in any manner, neither for Regal favour, nor for the perſon of any potent man, nec propter mihi congerendam pecuniam, quia nulla mihi neceſsitas eſt, ut iniqua exactione pecunia mihi congeratur; nor yet for raiſing o… …e…ping up money to me: Becauſe there is uo neceſsity for me (and let thoſe who now plead Neceſſity both for their own illegal impoſing, levying of unjuſt unceſſant heavy Taxes, Impoſts, Exciſes on our Nations, without grant and common conſent in Parliam…n… conſider it) that money ſhould be raiſed and collected for my uſe by an injuſt exaction. After this he enjoyns them by this Le…r; To pay all Debts and Duties due by the antient Law; as Tithes of their corn and cattel, Peter pence, and Firſt fruits at the Feaſts appointed, under pain of the penalties inflicted by the Laws, which he would ſtrictly exact without pardon: Neither was he worſe than his word, writes lDe Geſtis Regum, l. 2. c. 11Malmsbury) for he commanded all the Laws made by antient Kings, and especially by his predeceſſor King Ethelred, to be for ever obſerved, under pain of a regal mulct. To the cuſtody of all which ancient Laws, Even now (writes he) our Kings are ſworn, under the name of King Edwards Lawes, non quod illa ſtatuerit, ſed obſervaverit. And mFlores Hiſtor. p. 408.Matthew Weſtminster records further; Vicecomitibus Regni Angliae et Praepoſitis, diſtrictè mandav…, ut nulli hominum vim inferant, nec propter pecuniam fiſco reponendam in aliqu o a Iuſtitia deviant, dum non habeat neceſsitatem de peccato pecuniam adaugere.
If this Forein Daniſh Conqueror and Uſnrper of the Crown of England. qnod Bellico Iure obtinebat, et armorum violentia; as nChronica, col. 1782.William Thorne records, was at laſt ſo juſt and equal to the Engliſh, as to reform all his former extravagant acts of Injuſtice, Exactions, Oppreſſions, to releaſe all unjuſt Taxes, Exactions, Oppreſſions, and not to exact or raiſe any monies unjuſtly on the people, upon any real or pretended neceſſity, without their common conſent in Parliament, by any of his Officers, ſhould not out own Engliſh Conquerors, & domineering Grandees, now much more imitate this his laudable Example, who pretend not only to equal but exceed him in Saintſhip, Juſtice, Devotion, & no longer to oppreſs the griev'd people with their arbitrary Tyrannical Taxes, Exciſes, Impoſts, extravaganr violent poceedings in new wayes of higheſt Injuſtice, as hitherto they have done, againſt all their Oaths, Covenants, Declarations, promiſes, and Engagements to the Nation.
King Cnute returning from Rome into England, Anno 1032.Anno 1032. treated the Engliſh very juſtly and civilly, (o) Ingulphi Hiſtoria, p. 892, 893.confeſſed redreſſed his own former and his anceſtors extortions, oppreſſions, rapines, endowed many Monaſteries with lands and priviledges, and ratified them with his Charters. Hereupon Brithmerus Abbot of Croyland. Cum Cnutonem Regem ſuper Angliam ſtabilitum cerneret, univerſos Anglios civiliter & ſatis amicabiliter tractare, inſuper ſanctam Eccleſiam speciali devotione deligere, ac filiali ſubjectione honorare, monaſte riis multiſque ſanctorum locis benè facere, quaedam verò Monaſteria ad ſummam gloriam promovere, there upon reſolved to go to the King, & procure his Charter of confirmation of the Abbey, Lands & liberties of Croyland, quorundam adverſariorum, qui tempore guerrae multum creverant, vim formidans. Which Charter he readily obtained in theſe memorable words, wherein he acknowledgeth his rapines and bloodſhed to poſterity. Cnutus Rex totius Angliae & Danmarchiae, & Norwagiae, & magnae partis Swavorum, omnibus Provinciis, nationibus & populis meae poteſtati Subjectis, Propoſit. 1, 2, 4.tam minoribus quam majoribus ſalutem. Cum terram Angliae, progenitores mei & parentes DURIS EXTORTIONIBUS, & DIRIS DEPRAEDATIONIBUS SAEPIUS OPPRESSERUNT, Et (fateor) INNOCENTEM SANGUINEM FREQUENTER IN EA EFFƲDERVNT; ſtudium meum a principio regni mei fuit, & ſemper erit in futurum, tam penes caelum quam penes ſeculum, PROPTER HAEC MEA PECCATA, ET PARENTVM MEORVMSATISFACERE, & ſtatum totius ſanctae matris Eccleſiae, & uniuſcujuſque Monaſterii ſub Imperio meo conſtituti, cum in aliquo meo patrocinio indiguerint, devotione debita emendare, omneſque ſanctos Dei per haec, & alia bona opera mihi in meis neceſſitatibus reddere benignos, ac deprecationibus meis favorabiles & placatos. Ideo in arras hujus meae ſatisfactionis, offero ſancto Gu…hlaco de Croyland, & caeteris ſanctis ejuſdem loci de ſubſtantia mea unum calicem; confirmans Brithmero Abbati, & Monachis ſuis totum Monaſterium ſuum Croylandiae, cum inſula circumjacente, & duobus Mariſcis adjacentibus, ſcilicet, Arderlound, & Goggiſlound eiſdem terminis & limitibus, quibus in Chirographo inclyti, quondam Regis Edredi reſtauratoris ſui dicta inſula, dictique duo Mariſci ſatis apertè deſcribuntur. Confirmo etiam omnes Eccleſias & Capellas, terras & tenementa, libertates & privilegia in ejuſdem Regis Chirographo contenta, cum quibus omnibus dictus Rex Edredus dictum Monaſterium Croylandiae ad honorem Dei, & S. Guthlaci confeſſoris ſui corporaliter in ea requie ſcentis dotavit, donavit, ditavit, & ſuo Chirographo confirmavit. Nulluſ que hominum meorum audeat à modo dictos Monachos inquietare, vel in aliquo conturbare proprae dictis. Quod ſi quis facere praeſumſerit, vel tentaverit uſurpare, vel gladii mei ſentiet aciem, vel gladii paenam ſacrilegis debitam ſubibitabſque omni remiſſione, & redemptione puniendus, juxta modum et menſuram injuriae dictis Monachis irrogatae. Ego Cnutus Rex anno Dominicae incarnationis: 1032. Londoniis iſtud meum Chirographum ſigno ſanctae crucis confirmavi. ✚ Then follow the ſubſcriptions of both the Archbiſhops, ſundry Biſhops, Abbots, Earls and others.
The ſame year 1012. King Cnute granted and con (p) Malmesh▪ de Geſt. Reg. l. 2. c. 11. Spelman, Concil. p. 517.firmed to the Abbot of Glaſtonbury, the Conuſance of all eccleſiaſtical and ſecular cauſes within the Iſland of Glastonbury, by a ſpecial Charter, Cum Conſilio & Deereto Archipraeſulis nostri Ed…ln…th…, …mulque cunct…m Dei Sacerdotum, & Conſenſu Optimatum meorum; Propoſit. 10.as the words of the Charter atten, to the end it might be valid in Law. And the ſelf ſame year King Cnute commanded Elſtan, Abbot of S…. Auguſtines in Canterbury to repair to him at the Feaſt of Pentecoſt, concerning the tranſlation of the Corps of St. Mildretha to that Monaſtery, ut tranſlationem faciendam, ipſe Rex, per conceſsionem Procerum, & per literas ſuas firmius confirmaret, as qCol. 19… 2127.William Thorn in his Chronicle relates.
King Cnute in the year 1033. on the Feaſt of Chriſts Anno 1033.Nativity, held a Parliamentary Conncil at Winchester, [r] Chron. Job. Bromt. col. 914. to 932. Lambardi …rchaion, Spelm. Concil. p. 538. to 570. Fox Acts and Mon. vol. 1. p. 211, 212.where, Venerando Sapientum ejus Eonſilio, by the venerable Counſel of his Wiſemen, he made and publiſhed ſundry excellent Eccleſiaſtical and Civil Laws for the good government of the Church and Realm, to the praiſe of God, the honour of his Regality, and common good of the People, being 103 in the Saxon and 110 in the Latine Copies. His 61 Eccleſiaſtical Law thus reſolves, againſt the Anti-Magiſtratical opinion of this licentious age, Chriſtiano Regi jure pertinet, Propoſit. 5, 6, 1, 2, 4.ut injurias Deo factas vindicet, ſecundum quod acciderit.
His Civil Laws begin thus. Haec eſt inſtitutio Legum ſecularium, quam communi Sapientum meorum Conſilio, per totam Angliam t…n ri pro…io. Imp imis volo, ut Iuſtae Leges erigantur, et injuſtae ſub vertantur, et omnis Injuſtitia modis omnibus ſarculetu…, & a modo omnis homo dignus publica rectitudine reputetur, pauper & dives quicunque ſit, & eis juſta judicia judicentur. I ſhall tranſcribe only ſome few of his Laws pertinent to my Theam.
Lex 25. Prohibemus ne Chriſtianus aliquis penitus pro parva re ſaltem ad mortem deducatur. Sed justitia pacificans pro neceſsitate populi exquiratur, ne pro levi re, opus manuum Dei, & ſui ipſius pretium, quod profundè redemit deſperet
Lex 26. Praecipimus nè Chriſtiani paſsim in exilio vendantur, vel in Gentilitatem, nè forte pereant animae quas propria vita ſua mercatus eſt Dominus noſter Iheſus Christus.
Lex 31. Omnis Injuſtitia deinceps opprimatur, Burgbotam Propoſit. 9.& Brigbotam, & Scipforthunga & Frothunga, qui Navigii vel expeditionis ſonant apparatum, ſedulo procuremus. cum neceſſe fuerit ad commune regni noſtri commodum. Et perquiramus ſimul modis o… quo modo praecipuum poſſit conſilium ad profectum populi obtineri, rectaque Chriſtianitas propenſius erigi, & quicquid injuſtum eſt ſolertius en…rvari.
Lex 34. Si quis deinceps Vnlage, i. e. non legem erigat, vel injuſtum judicium judicet, pro laeſione, vel aliqua pecuniae ſuſceptione, ſit erga Regem, CXX s. reus in Anglorum laga, niſi cum juramento audeat inveritare, quod rectins neſcivit judicare & dignitatem ſuae legalitatis ſemper amittat ſi non eam redimat erga Regem, ſicut ei permittetur. In Denelaga Lathſlithes, reus ſit ſi non juret quod melius neſcivit.
Lex 36. Qui aliquem accuſare praeſumat, unde pecunia vel commodo pejor ſit, & denique mendacium pernoſcatur, linguam ſuam perdat, vel Weregildo redimatur.
Lex 37. Nemo Regem requiret de Juſtitia facienda dum ei rectum offertur in Hundredo ſuo, & requiratur Hundredum ſecundum Witam, ſicut justum eſt.
Lex 38. Et habeatur in anno ter Burgimotus, & Scyremotus bis, niſi ſaepius ſit neceſſe. Et inter ſit Epiſcopus et Aldermannus; et doceant ibi Deirectum et ſeculi.
Lex 59. Non est in aliquo tempore conceſſa INJUSTITIA, et tamen Injuſtitia eſt feſtis diebus et ſanctificatis locis propenſius interdicta. Semperque ſicui homo potentior eſt, vel majoris ordinis, ſic debet ſolertius pro Deo et ſeculo quod juſtum eſt emenda…e. Et ideo gratam emendationem ſedulo per quiramus de Scripturis Sanctis, et ſe… cularem juxta legem ſeculi.
Lex 83. Si quis de morte Regis vel Domini ſui quoquo Propoſit. ….modo traectaverit, vitae ſuae reus ſit, …t omnium quae habebit, niſi triplici judicio ſe purget.
Lex 91. Si quis Burgbotam, vel Brigbotam 1. burgi vel pontis refectionem, vel Firdfare, 1. in exercitum ire ſuperſedeat, emendet hoc erga Regem C. xx. s. in Anglorum laga; in Denelaga ſicut Lex stetit antea, vel ita ſe adlegiet, nominentur ei 14. et acquirat ex eis 11.
Lex 96. Haec eſt alleviatio quam omni populo meo praevidere volo, in quibus nimis omnino fuerant aggravati. Praecipio Praepoſitis meis omnibus ut in proprio meo lucrentur, et inde mihi ſerviant. Et nemo cogatur ad firmae adjutorium aliquid dare, niſi ſponte ſua velit. Et ſi quis aliquem inde gravabit, Werae ſuae reus ſit erga Rogem.
Lex 97. Si quis ex hac vita decedat ſine diſtributione rerum ſuarum, vel per incuſtodiam vel per mortem improviſam, non uſurpet dominus ejus de pecunia (niſi quantum ad juſtam Relevationem pertinet, quae Anglicè vocatur Hereget) ſed ſit ſecundnm dictionem ejus ipſa pecunia recte diviſa, uxori, pueris et propinquis, unicuique ſecundum modum qui ad eum pertinet. Et ſint Relevationes it à minutae ſicut modus eſt. Comitis, ſicut ad eum pertinet, hoc eſt, octo equi, quatuor ſellati, quatuor inſellati, et galeae quatuor, et loricae quatuor, cum octo lanceis et totidem ſcutis, et gladii quatuor, et CC. marcae auri. Poſtea Thayni regis qui ei proximus ſit, quatuor equi, duo ſellati, et duo inſellati; et duo gladii, et quatuor lanceae, et totidem ſcuta, et galea cum lorica ſua, et 50. marcae auri. Et mediocris Thayni, equus cum apparatu ſuo, et arma ſua, vel ſuum Halsfang. in Weſtſaxia, in Mircenis ij l. in Eſtanglia, ij. l. Et ſi notus ſit Regi, equi duo, unus cum ſella et alius ſine ſella, et unus gladius, et duae lanceae, et totidem ſcuta, et 50 marcae auri. Et qui minus poteſt, det duas libras.
Lex 104. Et qui fugiat à Domino vel ſocio ſuo pro timiditate Propoſit. 4, 9.in Expeditione navali vel terrestri, per dat omne quod ſuum eſt, et ſuam ipſius vitam, et manus mittat Dominus ad terram quam ei antea dederat. Et ſi terram haereditariam habeat, ipſa in manum regis tranſeat.
Lex 105. Et qui in bello ante Dominum ſuum ceciderit, ſit hoc in terra, ſit alibi, ſint relevatitones condonatae: et habeant haeredes ejus terram ſicut et pecuniam ſuam, et rect… dividant inter ſe.
Lex 107. Et volo ut omnis homo pacem habeat eundo ad Gemotum, vel rediens de Gemoto, id eſt placito, niſi ſit fur probatus.
Lex 110. Qui leges istas apoſtabit quas Rex modo nobis omnibus indulſit, ſit Dacus, ſit Anglus, Werae ſuae reus ſit erga regem. Et ſi ſecundo faciat, reddat bis Weram ſuam. Si quis addat tertio, reus ſit omnium quae habebit.
In the reſt of his Lawes all corporal and pecuniary penalties and fines for all ſorts of Offences and Crimes, are reduced to a certainty, and none left arbitrary; and by Lex 104, 105. it is evident, that the Military Laws, as wel as the Civil & Eccleſiaſtical, were made in and by advice and direction of the Great Councils.
The sCol. 913.Chronicle of Bromton informs us, that King Cnute, per Chartam ſuam à ſe et haeredibus ſuis dedit, quàm cito post in Parliamento ſuo apud Wintoniam (when and where thoſe Laws were made) coram omnibus Propoſit. 6, 10.Regni ſui Magnatibus confirmavit, gave and confirmed the Manors of Hornyng, Ludham and Neterſhede to the Monaſtery of Cowholm in Northfolke: And that one Maynard riding towards this Parliamentary Council, brake his neck, who had ſo incenſed the King againſt Wulfric and the Monks of this Monaſtery, that he threatned to put them to death. What lands and privileges he gave by his Charters to St. Cuthberts Church in Durham, Chriſts-Church in Canterbury, and other Monaſteries, the (t) Marginal Authors will inform (m) Malmesb De Geſtis Reg l. 2. …c. 11. Sim Dunelmenſis, Hiſt. de Eccl. Dunelm. l. 3. c. 8. Evidentiae Eccleſ. Chriſti Cantuar col. 2223. 2225, &c. Chron. Will. Thorne, col. 1782. 1908, 1909, 1910.us.
About the year 1034. uMat. Weſtm. Anno 1035. p. 409. Hen. Huntindon, Hiſt. l. 6. p. 364. Radulphus de Diceto, Abbrev. Chron. col. 468, 469. Chron. Iohann. Bromton, col, 911, 912. Polychron. l. 6. c. 20. Hen. de Kynghton de Eventib. Angl. l. 1. c. 5. Fox Acts and Mon. Vol. 1. p. 211. Speeds Hiſtory, p. 401. Mr. Scldens Mare Clauſum, l. 2. c. c. 12. Fabian, part. 6. c. 206. Polydor Virgil, Holinſhed, and others in his life.King Cnute having obtained Anno 1034.the Soveraign Dominion of England, Scotland, Norwey, a great part of Sweden, and of all Denmarke principally by the▪ Sword, through the flattery of his followers, who ſtiled him, a King of all Kings, moſt mighty Soveraign, and the like, who had under his ſubjection & Dominion not only the People and Land but the Sea likewiſe; & alſo by reaſon of his Great Dominions, was ſo much elevated with pride of heart, that he once commanded the royal Throne of his Empire to be placed on the Sea ſhore near the water, as the Sea was flowing in upon it: and then ſtepping up into his Throne & ſitting in it, he ſpake thus to the Sea in an imperious manner, as if he were abſolute Sovereign of it. Tu meae ditionis es, &c. Thou art under my Dominion and part of my Empire, and the land on which I fit is mine, neither is there any one in it who dares reſiſt my command, without puniſhment. Therefore I now command thee, that thou aſcend and come not up upon my land, nor yet preſume to wet my royal robes, nor the feet or Members of thy Soveraign. But the Sea, notwithſtanding this Inhibition, aſcending after its accuſtomed manner and nature, and no wayes obeying his commands, wet both his feet, legs and royal Robes, without any revernce. Whereupon the King leaping haſtily out of his Throne, almoſt over-late, and retiring from the waves; uſed theſe words: L…t all the Inhabitants of the world know, that the power of Kings is but. vain and frivolous, and that no man is worthy the name of a King, but he alone, to whoſe beck both Heaven, Earth and the Sea obey by everlaſting Laws. Henry de Knyghton ſuperaddes thereto as part of his Speech, which moſt others omit. I am a Wretch and a Captive able to do nothing, poſſeſſing nothing without his gift; I commend; I recommend my ſelf to him, and let him be the Gardian of debility, Amen. After which King Cnute never wore his Crown upon his head, but put it upon the head of the Crucifix at Wincheſter (as moſt accord) to the praiſe of the great King, thereby giving a great example of humility to Kings and Conquerors; who in the height of all their power, can not command the Sea or leaſt wave not to flow or waſh them. Henry de Knyghton conceives this to be before his pilgrimage to Rome; others expreſly record it was after his return from thence, whoſe computation I here follow, and therefore place it in this year.
In the year of our Lord 1035. King Cnute, a little before his death, made this partition of his kingdoms amongſt Anno 1035.his Sons. Swane his ſon by Q. Algiva (or as ſome (u) Malmesb. Mat. VVeſtm. VVigorn. Sim. Dunelmenſis, Bromton, Huntindon, Hoveden, Knygbton, Polychronicon, Fabian, Holinſhed, Grafton, Speed, Radulphus de Diceto, Fox, and others.affirm of a Prieſts wife ſuborned by Algiva as her own) he made King of Norwey; his Son Harde-Cnute by Queen Emma, he cauſed to be crowned King of Denmark; as Wigornienſis, Hoveden, and others write, yet ſome gainſay it, that he made his Son Harold King of England, and ſoon after died at Shaftesbury, November, 12. 1035. and was buried at Wincheſter. Immediatly after his deceaſe the Nobles met at Oxford about the election of a new King, which our Hiſtorians thus expreſs. Convenerunt apud Oxoniam ad Colloquium (as Mat. Weſtm.) or Placitum magnum (as Huntindon and others ſtile it) Proceres Regni, Vt de novo Propoſit. 6.Rege creando tractarent ibidem. All the Nobles of the Realm aſſembled in a great Parliamentary Council or Court at Oxford, that they might conſult about the electiction of a New King (which they would not have done had Harold been made King of England before by Cnute in his life time. Leofric, Earl of Cheſter, and the reſt of the Nobles on the Northſide of the Thames, with all the Daniſh Princes and Londoners (who by converſing with the Danes amongſt them, were corrupted with their vices, and addicted to their party) elected Harold Son of Cnute by his Concubine Algiva, (whom ſome aver to be the ſon of a Tayler) for their King; But Godwin Earl of Kent, with the Princes of the Weſtern part of England, contradicting them, would rather have elected Harde-Cnute, ſon of Cnute by Queen Emma, or one of the Sons of King Ethelred and Emma, then in Normandy. After great ſtrife and debate between the Nobles about the Election, becauſe Harold was there perſonally preſent; but Harde-Cnute then in Denmark, and Alfred and Edward in Normandy, Harolds party prevailed againſt Earl Godwins, qui tandem vi & numero minor, ceſſit violentiae. Whereupon Harold was preſently crowned King at Oxford by Elnothus Archbiſhop of Canterbury, though at first he was very unwilling to perform that ſervice. For it is xHolinſhed, Hiſt. l. 7. c. 13. p. 182. Speeds Hiſt. p. 404. See Antiqu. Eccleſ. Brit. & Godwin in his life,reported of him, that he having the regal Scepter and Crown in his cuſtody, refuſed with an Oath to conſecrate any other for King, ſo long as Queen Emma her children were living; for (ſaid ſhe) Cnute committed them to my truſt and aſſurance, and to them will I give my faith and allegiance. This Scepter and Crown therefore I here lay down upon the Altar, neither do I deny nor deliver them to you; but I require by the Apoſtolick Authority, all Biſhops, that none of them preſume to take the ſame away, neither that they conſecrate him King therewith; as for your ſelf, if you dare, you may uſurp that which I have committed to God on this Table. Notwithstanding this great thunderclap being allayed with the ſhowers of Golden promiſes of his just, good, and religious government intended (though preſent experience manifeſted the contrary) he was crowned by him Anno Anno. 1035. Henry Huntindon and others write, That they elected him King, only to keep the kingdom for his Brother Harde-Cnute then in Denmark: Harold and the Nobles of Weſt-Sex, who oppoſed his election, upon advice taken, reſolved, that Qneen Emma wife of the deceaſed King, ſhould keep Weſt-Sex and Wincheſter for the uſe of her Son Harde Cnute, and that Earl Godwin ſhould be their Captain in military affairs. Roger Hoveden, and others record, That Harold being elected King by the conſent of the major part of the Nobles of England, obtained the royal dignity, and began to reign, quia juſtus haeres, becauſe he was a lawfull heir; yet he reigned no… ſo powerfully as Cnute, quia juſtior haeres expectabatur Harde Cnutus, becauſe a juſter heir Harde Cnute was expected: By reaſon of this diſagreement amongſt the Nobles, to pleaſe both parties; the kingdom of England was therupon divided by Lot; Harold enjoying the Northern part thereof, and Harde-Cnutes friends retaining the Southern part of it for his uſe.
No ſooner was Harold crowned King, but to ſecure himſelf the better in his Throne, he preſently poſted to Wincheſter with his forces, where tyrannically and forcibly taking away all the Treaſures and goods which Cnute had left to Queen Emma his Mother-in-law, he Propoſit. 2▪baniſhed her out of England into Flanders; (ſome write, ſhe was thus baniſhed by the ſecret Counſel and treachery of Earl Godwin, whom ſhe had made General of her forces for her preſervation, who proved unconſtant, and a Traytor to her and her children) where in this her diſtreſſe ſhe was honourably entertained by Earl Baldwin.
In the year 1036. Alfred eldeſt Son of King Ethelred comming over to claim his right in the Crown, was with his Norman aſſociates, betrayed, and murdered by the treachery of Earl Godwin, of which I finde theſe ſeveral different relations in our Hiſtorians.
yAn. 1036. p. 410.Matthew Weſtminster, Ranulphus Ciſtrenſis, and others out of them record; that Alfred being in Normandy, and hearing of the death of Cnute, came into England with 23. choſen ſhips full of Souldiers, ut paternum regnum de Jure ſibi debitum, vel pacificè, vel ſi neceſſitas cogeret, armatorum praeſidio obtineret; that he might obtain his fathers kingdom, of right due unto him, either peaceably, or if neceſſity compelled, by force of arms. Who ariving with his forces at Sandwich Port, came as far as Canterbury: When Godwin Earl of Kent knew of his comming, he went to meet him, and receiving him in his fidelity, the very next night following compleated the part of the Traytor Judas upon him and his fellow-Souldiers. For after kiſſes of peace given, and joyful banquets, in the ſilence of the midnight, when as Alfred and his companions had given their Members to ſleep, they were all taken unarmed in their beds, ſuſpecting no harm, by a multitude of armed men ruſhing in upon them, and their hands being tyed behind their backs, they were compelled to ſit down in order one by another: Where ſitting in this manner, nine of them were always beheaded, but the tenth diſmiſſed, and his life reſerved for a time: Theſe things were acted at Gildeford, a royal Town. But when it ſeemed to the Traitor Godwin, that there were more yet remaining alive of them, than was profitable, he cōmanded them to be tithed over again, as before, and ſo very few of them remained alive. But young Alfred, every way worthy of royal honour, he ſent bound to the City of London, to King Harold, (that therby he might find greater favor with him) with thoſe few of his followers who remained undecimated. So ſoon as the King ſaw young Alfred, he cauſed him to be ſent to the Iſle of Ely, and there to have his eyes pulled out; of the pain whereof he ſoon after died; but he ſlew all his Souldiers too perniciouſly.
Florentius Wigornienſis, Roger de Hoveden, Simeon Dunelmenſis, Radulphus de Diceto, Mr. Fox, and others relate, That the innocent Princes Alfred and Edward, ſons of King Ethelred, came out of Normandy (where they had long reſided with their Uncle Richard) into England, accompanied with many Norman Souldiers, tranſported in a few ſhips, to conferr with their Mother Emma, then reſiding at Wincheſter. Which ſome potent men, eſpecially Earl Godwin (as was reported) took very unworthily and grievouſly, becauſe (licet injuſtum eſſet) although it were unjuſt, they were more devoted to Harold than to Alfred. Whereupon Harold perſwaded King Harde-Cnute and the Lords, not to ſuffer thoſe Normans to be within the Realm for jeopardy, but rather to puniſh them for example; by which means he got authority to order the matter himſelf; Wherefore he met them on Guild-down, and there ſeiſed upon Prince Alfred, and retained him in cloſe Priſon when he was haſtning towards London to conferr with King Harold, as he had commanded: And apprehending all his followers, he ranſacked ſome of them, others of them he put in chains, and afterwards put out their eyes; ſome of them he tormented and puniſhed, by pulling off the skin from their heads, and cutting off their hands and feet; many of them he likewiſe commanded to be ſold; and ſlew 600 men of them at Gildeford, with various and cruel deaths; whoſe Souls are believed now to rejoyce with the Saints in Paradice, ſeeing their bodies were ſo cruelly ſlain in the fields without any fault; which Queen Emma hearing of, ſent back her Son Edward, who remained with her, with greateſt haſte into Normandy. After which, by the command of Earl Godwin and ſome others, Prince Alfred being bound moſt ſtraitly in chains, was carried Priſoner to the Iſle of Ely by ſhip; where he no ſooner arived, but his eyes were moſt cruelly pulled out, and ſo being led to the Monaſtery, was delivered to the Monks to be kept; where he ſoon after died, and was there interred. zWill. Caxton, Fox Acts & Monuments, Vol. 1. p. 210, 211.Some add, that after Alfreds eyes were put out, his belly was opened, and one end of his bowels drawn out and faſtened to a ſtake, and his body pricked with ſharp needles or poyneyards forced about, till all his intrails were extracted: in which moſt ſavage torture he ended his innocent life. Ranulphus Ciſtrenſis in his Polychronicon, l. 6. c. 21. relates, that Godwin uſed this ſtrange cruelty towards thoſe Normans that came over with Alfred, whom he twice decimated at Gildeford; that he ripped up their bellies, and faſtned the ends of their guts to ſtakes, that were reared and pyght in the ground, and laid the bodies about the ſtakes till the laſt end of the guts came out.
The Author of the Book called Encomium Emmae, and aSpeeds Hiſtory, p. 405.Speed out of him, writes, That Harold was no ſooner eſtabliſhed King, but that he ſought meanes how to rid Queen Emma ſecretly out of the way; and maliciouſly purpoſing took counſel, how he might train into his Hay the ſons of Queen Emma, that ſo all occaſions of danger againſt him, might at once for all be cut off. Many projects propounded, this laſtly took effect; that a Letter ſhould be counterfeited in Queen Emma's name unto her ſons Edward and Alfred, to inſtigate them to attempt the Crown uſurped by Harold againſt their right. The Tenor of which Letter you may read in Speed. This Letter being cunningly carried, & digeſted by Alfred as ſavoring of no falſhood, he returned anſwer, he would come ſhortly over to attend his Mothers deſigns: which Harold being informed of, forelayes the coaſts to apprehand him. Upon his comming on ſhore in England, Earl Godwin met him, and binding his aſſurance with his corporal Oath, became his Leige-man and guide to Queen Emma; but being wrought firm for Harold, treacherouſly led theſe Strangers a contrary way, …and lodging them at Guildford in ſeveral Companies, there tithed and murthered them as aforeſaid.
bHiſtoriarum, l. 6. p. 365.Henry Huntindon, the cCol. 935, 936.Chronicle of Bromton, William Caxton in his Chronicle, and another Historian mentioned by dActs and Monuments, Vol. 1. p. 210, 211. Grafton, p. 178, 179.Mr. Fox, record, that this murther was after the death of King Harde-Cnute. When the Earls and Barons of England by common aſſent and counſel ſent into Normandy for theſe two Brethren Alfred and Edward, intending to crown Alfred the elder Brother, and to make him King of England; and to this the Earls and Barons made their Oath. But Earl Godwin of Weſt-Sax ſought to ſlay theſe two brethren ſo ſoon as they came into England, to the intent he might make Harold (his own ſon by Cnutes daughter, or ſiſter maried to him) King; as ſome of theſe affirm; Others of them relate, that he intended only to deſtroy Alfred, being an Engliſhman by the Father, but a Norman by the Mother, whom he foreſaw to be a perſon of ſuch honour and courage, that he would diſdain to mary his daughter, or to be ſwayed by him; and then to mary his daughter Godith to Edward the younger Brother, and to make him King, as being of a more milde and ſimple diſpoſition, apt to be ruled by him. Hereupon Godwin went to Southampton to meet with the two Brothers at their landing. It fell out, that the Meſſengers ſent into Normandy, found only Alfred there, Edward being then gone into Hungarie to ſpeak with his Coſen Edward the Outlaw, Ironſides ſon. When Alfred heard theſe Meſſengers tydings, he thanked God, and in all haſt ſped him to England, ariving at Southampton with ſome of his Mothers kinred, and many of his fellow-Souldiers of like age, who were Normans. Whereupon Godwin intimated to the Nobles of England, That Alfred had brought over too great a company of Normans with him, and had likewiſe promiſed the lands of the Engliſhmen to them, and therefore it would not be ſafe to inſtirpate ſuch a valiant and crafty Nation amongst them. That theſe ought to undergoe exemplary puniſhment, leſt others by reaſon of their alliance to the King, ſhould preſume to intrude themſelves amongſt the Engliſh. And then poſting to Southampton, welcomed and received Alfred with much joy, pretending to conduct him ſafe to London, where the Barons waited for to make him King, and expected his comming; and ſo they paſſed forth together towards London. But when they came to Guild-down, Godwin ſaid to Alfred, Look round about thee on thy right hand and left, and behold what a kingdom ſhall be ſubjugated to thy Dominion. Upon which Alfred giving thanks to God, preſently promiſed, that if it happened h… ſhould be crowned King, He would conſtitute ſuch Laws as ſhould be pleaſing and acceptable both to God and Man. Which words were no ſooner uttered, but the Traytor Godwin commanded all his men to apprehend Alfred, and to ſlay all the Normans that came with him in his company: and after that to carry Alfred into the Iſle of Ely, and there to put out both his eys, and to pull out his bowels; which they accordingly executed as aforeſaid. And ſo died this innocent Alfred, right heir to the Crown, through the Treaſon of wicked Godwin. eChronicon Iohan. Bromton Col. 935, 936. VVilliam Caxtons Chronicle, part. 6. Fox Acts and Monuments vol. 1. p. 211.When the Lords of England heard thereof, and how Alfred that ſhould have been their King, was put to death, through the falſe Treaſon of Godwin, againſt their wills, t…ey were wonderfull …orrow …ll and wroth, and ſwore before God and Man, that he ſhould die a worſer Death than did Edric, which deſtroyed his Lord Edmond Ironſide: and would immediately have put him to death, but that the Traytor fled, and eſcaped Propoſit. 8…into Denmark, and there continued 4. yeares and more, and loſt all his Lands, Rents, Goods and Chattels in England, confiſcated in the mean time for this his Treaſon.
Theſe Hiſtorians, though they ſomewhat vary in the time and occaſion of Prince Alfreds death, yet they all agree in the ſubſtance of his and of his Norman Souldiers and Campanions treacherous, barbarous murders, by the joynt or ſeparate treacherie of Earl Godwin, and his ſon Harold: Which how fatal it proved to them both, by Gods avenging Juſtice, you ſhall hear in its due place, and what divine vengeance it drew at laſt on the whole Engliſh Nation, religious and judicious fActs Monuments, Vol. 1. p. 210.Mr. John Fox informes us in theſe words. This cruel fact of Godwin, and his men againſt the innocent Normans; whether it came of himſelf, or of the Kings ſetting on, ſeemeth to me to be the cauſe why the juſtice of God did ſhortly after avenge the Propoſit. 8.quarrel of theſe Normans, in conquering and ſubduing the Engliſh Nation… by William the Conquerour, and the Normans which came with him. For ſo juſt and right it was, that as the Normans coming with a natural Engliſh Prince, were murdered of Engliſh men; ſo afterwards the Engliſhmen ſhould be ſlain and conquered by the Normans, coming with a forein King, being none of their natural Country.
After the baniſhment of Queen Emma out of, and murder of Prince Alfred in England gFlorentius Wigorn. Sim. Dunelm. Radul. de Diceto, Hoved. Bromton, Malmesb. Huntindon, Polychronicon, Fabian, Caxton, Holinſhed, Grafton, Speed.Harde-Cnute delaying the time in Denmark, and deferring his coming Anno 1037.into England; thereupon Harold, (formerly King only of the Mercians, and Northumbrians,) that he might reign over all England, in the year 1037. A Principibns et omni Populo Rex eligitnr, was elected King by all the Nobles and People. Harde Cnutus verò, quia in Denmarchia manſ…rat, et ad Anglian, ut rogabatur, venire diſtulit, penitus abjicitur, as Florentius Wigornienſis, Simeon Dunelmenſis, Hoveden, Bromton, Radulphus de Diceto, and others inform us. After which King Harold degenerating from Propoſit. 5.Cnute his Father in all things, took no care at all either of military or civil affairs, nor of his own Courtly honour, doing only his own will, and contrary to his royal eſtate, going more willingly on foot, (of which he was ſo ſwift, that he was named Harefoot) than riding on Horſeback. In his dayes there were rendred and paid to 16 Ships from every Port (not In-land Towns) 8. marks of Silver, as in the time of his Father; as hHiſt. l. 6. p. 365.Henry Huntindon records: to which iHiſtory of Great Britain, p. 425.John Speed ſubjoynes; This Dane ſeeing his hazards prevented, ſought to ſecure himſelf, and with 16 Ships of the Daniſh Fleet kept the Seas, which continued ever in a readineſs and wafted from port to port: to the maintenance whereof, he charged the Engliſh with great payments, to their no little Propoſit. 1.grudge and reviling; whereby he lost the love of his Subjects before it had taken root in their hearts. Neither held he long thoſe diſloyal courſes, for that his speedy death did cut off the infamy of a longer life, he dying at Oxford, where he was elected King, without wife or children to ſurvive his perſon, or revive his name, when he had reigned only 4. years, and as many moneths, Anno 1040.
Upon the death of kMalmesb. De Geſtis Reg. l. 2. c. 12. Ingulphus, Mat. Weſtm. Flor. Wigornienſis, Sim. Dunelm. Radulphus de Diceto, Bromton, Huntindon, Hovedon, Knyghton, Polychron, Caxton, Fabian, Holinſhed, Grafton, Speed.Harold, Proceres tam Anglorum, Anno 1040.quam Danorum in unum concordantes ſententiam; the Nobles both of the Engliſh and Danes (a…embling together in a Parliamentary Council) and concording in one opinion, ſent Embaſſadours to Harde-Cnute, then at Bruges in Flanders, viſiting Queen Emma his Mother (where he had made great preparation of ſhips and land forces, to recover the Crown of England, which belonged to him both by birth and compact, from his brother Harold) beſeeching him, to make haſt into England, and to take poſſeſſion of the Crown thereof. Whereupon he immediately conſenting to the Counſel of the Nobles, came ſpeedily into England with 60, as ſome, or 40 ſhips, as others write, furniſhed with Daniſh Souldiers and Mariners; where he was received with great joy, elected King both by the Engliſh and Danes, and ſolemnty crowned at London by …lnothus Archbiſhop of Canterbury. Soon after he commanded Alfric Arch-biſhop of Yorke, Earl Godwin, and others, to digg up the interred corps of his brother King Harold out of his grave in London, and his head to be cut off by the hangman, and then both head and corps to be thrown into the Common ſink, and after that into the Thames. And that partly in revenge of the injuries done by him to his Mother Queen Emma, in baniſhing and ſpoiling her of her money and jewels, againſt all right and juſtice: and partly for his unjuſt invaſion of the Crown of England; but in truth, as a juſt retaliation of his barbarous cruelty to Prince Alfred and his Normans. For whoſe treacherous inhumane ſlaughter, King Harde-Cnute deprived Alfred Biſhop of Worceſter of his Biſhoprick, whoſe hands were ſaid to have been in Alfreds bloud. And for which murder he likewiſe looked with an evil eye upon Earl Godwin, compelling him to an Oath of Purgation touching the ſame. Whereupon Godwin by his own Oath, and the Oaths of moſt of the Nobles of the Realm his compurgators ſwore▪ (though moſt falſly) That Prince Alfreds eyes were not put out, nor he murdered (as aforeſaid) by his Counſel or conſent, but what was done therein, was only by the command of King Harold, which he durſt not reſiſt. Notwithſtanding which Oath, to purchaſe his peace with Harde-Cnute, he preſented him with a moſt rich and royal preſent, to wit, with a Ship, whoſe ſtern was of gold, with 80 Souldiers placed therein, all uniformly and richly ſuited, having on their heads gilt Burgonets, on their armes bracelets of Gold, on their bodies, Habergeons, Swords, Battel-axes, Targets, and other arms after the Daniſh faſhion, all richly gilt, with gilt boſſes and darts in their hands. Which Preſent, though it pacified the Kings indignation, yet it prevented not Gods avenging juſtice on him afterwards for Alfreds bloud; thus partly avenged on Harolds carcaſſe, which was caſt into the Thames, and mangled according to Hard-Cnutes command, and lay floting on the water ſundry dayes, till a Fiſherman in compaſſion took up his corps, and buried it privately in St. Clements Danes.