Vindication of Fundamental Rights and Governments of English Freemen, Treatise · Chapter 6

Vindication of Fundamental Rights and Governments of English Freemen · Treatise · Chapter 6

p. 343CHAPTER 6.

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

KIng Edward deceaſing without any iſſue Anno 1066.of his body to ſucceed him, refuſing all carnal copulation with his Queen, either out of a vowed virginity, as moſt Hiſtorians conclude; or, out of a deteſtation of Earl Godwins Trayterous race, quod Rex Religioſus de genere proditor is, haeredes qui ſibi ſuccederent, corrupto ſemine Regio nolue rit procreari, as aaHiſtoria, p. 899, 900.Ingulphus, bbFlo …s Hiſt. p. 433. Malmsbury de Gestis Regum, l. 2. c. 13.Matthew Weſtminſter, and others record; thereby expoſed the kingdom for a prey to the ambitious Pretenders aſpiring after it. Upon which conſideration, praeſentiebant plures in ejus morte, deſolationem Patriae, Plebis exterminium, totius Angliae Nobilitatis excidium, finem libertatis, honoris ruinam, (as ccDe Vita & Miraculis Edwardi Confeſſoris, col. 399.Abbot Ailred informs us.) The Engliſh Prelates and Nobles being then all aſſembled at Weſtminſter to the ſolemn conſecration of the Abbey, p. 344were much perplexed, and the generality of the people exceedingly grieved at his death. For although he were, ddMalmsbude Geſtis Reg. l. 2. c. 13. p. 79.Vir propter morum ſimplicitatem parum Imperio idoneus, yet he was Deo devotus, ideoque ab eo directus. Denique eo regnante; nullus tumultus domeſticus, qui non cito comprimeretur, nullum bellum forinſecus, omnia domi foriſque quieta, omnia tranquilla; quod eo magis ſtupendum, quia ita ſe manſuete ageret, ut nec viles homunculos verbo laedere noſcet. Nam dum quadam vice venatum iſſet, et agreſtis quidem ſtabulata illa, quibus in caſſes cervi urgentur, confudiſſet, ille ſua nobili percitus ira, per Deum inquit et Matrem ejus, tantundem tibi nocebo, ſi potero. Egregius animus quiſe regem in talibus non meminiſſet, nec abjectae conditionis homini ſe poſſe nocere putaret. Erat interea ejus apud domeſticos reverentia vehemens, apud exteros metus ingens: fovebat profecto ejus ſimplicitatem Deus, ut poſſet timeri, qui neſciret iraſci; No wonder then if his death were much lamented by all his Subjects, eeA…redus de V…, et Miraculis Edwardi. Confeſſoris, col. col. 402.cum omnes et in Rege cernerent unde gauderent, et in ſe ſentirent unde dolerent. The Engliſh Nobility were much troubled and divided in their minds and affections, which were wavering, touching the election of a fit perſon to ſucceed him; ffMat. Weſtminſter, Anno 1066. p. 433.Fluctuabant Proceres Regni quem ſibi Regem praeficerent et Rectorem. Many of them favoured William Duke of Normandy, as ſpecially deſigned by King Edward to ſucceed him; others of them inclined to Prince Edgar Atheling, as the next and right heir to the Crown, Cui de Iure debebatur: Others of them favored Harold, Earl Godwins ſon, as being a perſon then of greateſt Power and Valour in the Realm, ggMalmsb. de Geſt. Regum, l. 3. p. 99.Anglia dubio favore nutabat cui ſe Rectori committeret incerta, an Haraldo, an Willielmo, an Edgaro. Nam & illum pro genere proximum regno, Proceribus Rex commendaverat. Harold being a crafty ſubtil man, knowing that delayes were hurtfull to thoſe who were prepared, on the very day of Epiphany, whereon King Edward p. 345was buried, having the command of all the Militia and forces of the Realm, as General and Vice-roy to the deceaſed King, by the ſtrength of himſelf and his kinred and friends, invaded and ſeized upon the royal Crown, and then preſently ſet it upon his own head, crowning himſelf King without any Title, Right, or due Election by the Nobles, or Coronation by the Biſhops, (whereby he incurred the hatred both of the Engliſh Prelates and Pope;) and then extorted allegeance from the Nobles; as William of Malmsbury, Matthew Paris, Ingulphus, Henry Huntindon, Matthew Weſtminſter, the Chronicle of Bromton, Knyghton, Caxton, Mr. Fox, Speed, and ſome others atteſt. But Marianus Scotus, Florent. Wigornienſis, Roger de Hoveden, Sim. Dunelm. Radulfus de Diceto, Eadmerus, Hygden, Fabian, Grafton, with others, write in favour of Harold, that King Edward before his death, made him not only his General, but Vice-roy; and ordained, that he ſhould be King after him. Whereupon, A totius Angliae Primatibus ad regale culmen electus, he was elected to be …ing by all the Nobles of England▪ and ſolemnly conſecrated and crowned King by Aldred Archbiſhop of Yorke. And ſo, Juxta quod ante mortem (Edwardus) ſtatuerat, in Regnum ei ſucceſſit Haroldus, writes [l] Eadmerus. That King [h] Hiſtoria, Novorum, l. 1. p. 5.Edward deſigned him for his Succeſſor in the Crown, ſeems very improbable, becauſe Harold himſelf never alleged nor pretended it in any of his Anſwers to Duke Williams Embaſſadors to him, who claimed the Crown by his ſpeciall bequeſt and deſignation in his life-time; and becauſe King Edwards hatred to Godwin and his Poſterity, ſeems inconſiſtent with it.

iiDe Geſtis Regum, l. 2. c. 13. p. 93.William of Malmsbury an impartial diſingaged Author living in, or near that time, gives us this determination of theſe different relations. Rec…n…i adhu… regalis funeris luctu, Haroldus ipſo Theophaniae die, extorta a Principibus fide, arr… Dia…ma, qua…ivis Angli dicant, a Rege conceſſu…: quod tamen magis benevolentia, p. 346quam judicio allegari exiſtimo, ut illi haeredit…tens transfunderet ſuam, cujus ſemper ſuſpectam habuerat potentiam. Quamvis, ut non celetur veritas, pro perſona quam gerebat, regnum prudentiae & fortitudine gubernaret, ſi legitime ſuſcepiſcet. Abbot kkHiſtoria, p. 900.Ingulphus living at that time, thus relates his intruſion into the Throne againſt his Oath. In craſtino Regi…funeris Comes Haroldus, contra ſuum statum & jusjurandum, contempter praesti…ae fidei, ac nequiter oblitus ſui Sacramenti, Throno Regio ſe intruſit: yet adds; per Archiepiſcopum Eboracae Aldredum ſolenniter coronatus: llHistoriarum l. 6. p. 367.Henry Huntindon thus records it, Quidem Anglorum Edgar Adeling promovere volebant in Regem: Haroldus vero, viribus et genere fretus Regni Diadema invaſit. The mmCol. 957.Chronicle of Bromton, and nnDe …bus Angliae l. 2. c. 15. col. 2339.Knyghton, thus give us the ſtory of it. Sancto Edwardo rege et Confeſſore mortuo, quidam Anglorum Magnates Edgarum Adelynge, filium Edwardi, filii Regis Edmondi Ironſide in Regem promovere moliebantur; ſed quia puer erat, et tanto oneri minus idoneus, et in burſa minus refertus, Haroldus Comes viribus et genere fretus, Cui erat Mens aſtutior, crumena f…undior, et miles copioſior, et pompis glorioſior, ſiniſtro omine Regnum occupavit, et contra Sacramentum quod Willielmo Duci Normanniae praeſtiterat, Regni Diadema ſiniſtro omine illico invaſit, et ſic perjurus ſancto Edwardo ſucceſſit: juxta quod idem Edwardus, ut quidam aiunt, ante mortem ſuam ſtatuerat promiſſione quam idem Rex dum juvenis in Normannia extitit, dicto Willielmo de ſ…cedendo poſt cum in regnum fecerat, & ſibi ſuper hoc poſte… ſecundum quoſ dam ſolemnes nuncios, ut praemit…ur, destinaverat, non obſtante. ooDe Vita & Miraculis Edwardi Confeſſoris, col. 404.Abbot Ailred, thus regiſters Harolds uſurpation, and the ſad events thereof Interea Haroldus, Godwini filius, Regnum Angliae quod ſecundum fidem Sacramenti debuerat ſervaſſe Willielmo Regis Edmundi conſobrino, …ibi nec Iure debitum, nec Natura, …rreverenter uſurpans, malum p. 347quod Angliae ſecundum Sancti Regis oraculum Dominus praeparaverat tranſgreſsione pacti et …dei acceleravit laeſione. Ut autem attenuati viribus, facilius ab hiis quos injuſtè provocavera… hoſtibus vinceretur, ſuſ…i…avit ei a parte aquilonis inimicos, Haroldum cognomento Harfar, Norwagenorum regem, et Toſtium fratremſum, quem de Anglia ipſe expulerat &c. (p) Tho. Walſingham (y) Ypodigma Neuſtriae, p. 28.thus ſtories it. Cujus regnum Haroldus continuo invaſit, ex fidelitate pejuratus quam Duci juraverat. Ad quem Legatos direxit protinus, hortans ut ab hac veſania reſipiſceret, et fidem quam juramento ſpoſponderat, cum digna ſubjectione ſervaret. Sed ille hoc non ſolum audire contempſit, verum omnem ab illo Anglorum gentem infideliter avertit. Hygden in his Polychronicon, l. 6. c. 28. Mr John Fox, Acts and Monuments Vol. 1. p. 214. Mr. Cambden in his Britannia, p 145, 146. Holinſhed, Sir John Hayward, Sir Richard Baker, affirm the like, and incline to this opinion. That Harold, by his might, power, craft, policy uſurped, and invaded the Crown, without any right, againſt his Oath. I ſhall ſumm up all their Opinions in the words of qqHiſtory of Great Britain p. 416, 417.Iohn Speed. After King Edwards death, the Stateſmen perplexed for choice of a new, Edgar Athelings title was worthy more reſpect than it found, for him they held too young for government: beſides a ſtranger born, ſcarce ſpeaking Engliſh, and withall the prophecies of Edward, touching the alienation of the Crown, the intereſt of the Danes, and the claim of Duke William, made, (both by gift and conſanguinity) bred great diſtractions of deſires and opinions, but nothing concluded for ſetling the State; no man aſſuming or poſſeſſing the diadem, becauſe none had the power or right to adorn therewith his own head. In this calm conference a ſudden gale aroſe, which blew all the ſails ſpred for that wind into one port. Harold, ſon to Earl Godwin, a man (duly prizing his many worthy parts) not unmeet for a Kingdom, next Edward p. 348(his Brorher-in-law,) in the kingdom, courteous in ſpeech and behaviour, in martial proweſſe the only man, (qui vivente Edwardo quaecunque contra eum bella incenſa ſunt, virtute ſua compreſſit, cupiens ſe Provincialibns oſtentare, in regnum ſcilicet ſpe prurienti anhelans, as rrDe Geſtis Regum, l. 2. c. 13 p. 93, 94.Malmsbury writes of him) friended by affinity of many of the Nobles, expected to be both ſided and aſſiſted, if his cauſe came either to trial or voice, ſeeing the time well fitted his entrance. Swane King of Denmark (moſt dreaded by the Engliſh) being then intangled with the Sweden wars; William the Norman (that made claim from King Edward) then abſent, and at variance with Philip the French King; the friends of Edgar in Hungary, and himſelf a Stranger, over young for to rule: all which concurrent made Harold, without deliberation, or order from the States, to ſet the Crown on his own head, regardleſſe of all ceremony, and ſolemn celebration: for which act, as a violater of holy rites, he too too-much offended the Clergy, none either greatly applauding or diſapproving his preſumption, except only for the omiſſion of manner and form.

Harold having gotten actual poſſeſſion of the Crown, Marianus Scotus, Florentius Wigornienſis, Huntindon, Hoveden, Sim. Dunelmenſis, Radulphus de Diceto, Hygden, Fabian, Grafton, Holinſhed, Cambden, and Speed, record; that to ingratiate himſelf with the Clergy & people, He began to deſtroy evil Laws and Cuſtoms before uſed: and ſtabliſhed juſt and good Laws; eſpecially ſuch as were for the defence of holy Church: He likewiſe became a Patron of Churches and Monaſteries, reſpected and reverenced Biſhops, Abbots, Monks and Clergymen; ſhewed himſelf pious, humble, affable to all good men, and hatefull to all Malefactors: publickly commanding all his Dukes, Earls, Sheriffs, and other Officers, to apprehend all Thieves, Robbers, and Diſturbers of the p. 349Realm; himſelf likewiſe taking extraordinary paines and care for the defence and guarding of the Realm, both by Land and Sea. Whereunto John Speed ſuperadds, He remitted or diminiſhed the grievous cuſtoms Propoſit. 1, 2, 5.and Tribute which his Predeceſſors had raiſed; a courſe ever powerfull to win the hearts of the Commons: to Churchmen he was very munificent, and carefull of their advancement; and to grow more deeply in their venerable eſteem, he repaired their Monaſteries, eſpecially that at Waltham, which he ſumptuouſly new built, and richly endowed. Moreover, to ſatisfie ſuch Nobles as affected young Edgar, he created him Earl of Oxford, and held him in ſpecial favour. In brief, unto the poor his hand was ever open, unto the oppreſſed, he adminiſtred Juſtice; and all to hold that Crown upright which he had ſet on his own head with an unſure hand, and deprived him of unto whom he was Protector. But theſe Encomiums of his Juſtice and Government, ſeem to me, to be rather forged than real. For how could he reform ill Laws and Cuſtoms, and enact good Laws, when King Edward had ſo newly and exactly done it before him, that there was no need of ſuch a reformation; neither finde we the leaſt mention of any Laws made by Harold? Or how could he remit, or diminiſh thoſe grievous cuſtoms and Tributes, which King Edward had totally remitted before him, unleſs himſelf firſt revived them? Or how could he court the Prelates and Clergy, when as he refuſed to be conſecrated by them, for which he incurred their disfavour? I rather therefore incline to the quite contrary Characters which other Hiſtorians give of him and his Government, as moſt conſonant to truth. ssDe Eventibus Angliae, l. 1. c. 16. … 2339.Henry de Knyghton, though he recites what ſome forementioned write in his favour, yet gives us this account of his proceedings himſelf: Iſte devenit nimis e▪ latus et cupidus in collectione auri et argenti et theſaurorum, nec aliquam uxorem ducere voluit, & vi oppreſſit p. 350filias Baronum & Procerum, atque Militum de regno: quod ipſi aegrè ferebant; Et de Foreſtis ſuis tantam ferocitatē & ſeveritatem erga adjacentes Nobiliores exercuit, quod quamplures adnih…lavit, et multos depaup…ravit. Nec mirum quamvis ex hiis et aliis nimis odioſus devenit populis ſuis. Et ideo pars Comitum et Baronum ad invicem conferebant, decentes, ipſum non eſſe fortunae deditum, nec verum eſſe Regem, ſed per intruſionem erectum, et ideo infauſte regere populum ſuum. Et mandaverunt Willielmo Duci Normanniae, ut in Angliam venir et eorum Conſilio et Auxilio Ius Regni proſecuturus, feceruntque ei fidelem ſecuritatem veniendi, et conſenſit. And Matthew Weſtminſter gives us (l) Flores Hiſt. p. 434, 44… ▪this character of him: Superbia elatus jam factus de Rege Tyrannus, Rex Haroldus in multis patriſans temerarius ſuit, et indiſcretus, in praeſumptione ancipiti nimis ſuae invictae conſidens fortitudini, laudis cupidus et Theſauri, promiſſorum immemor arridente proſperitate. Unde ipſis Anglis quibus praeerat, etiam conſanguineis ſe praebuerat odioſum; victoriamque cum illi Dominus exerc…tuum et Deus ultionum conceſſerat, non Deo ſed ſibi, ſuaeque aſcripſit ſtrenuitati. Quod recenti experientia fuerat comprobatum, cum a Noricis evictis Superbus ſpoliiſque omnium retentis, quae aliis promiſſa debebantur, ad Normannorum praelia praecipitanter et inconſultè feſtinavit. Unde Ducis Gulihelmi, magnanimi in negotiis bellicis peragendis, et circumſpecti, fidelis in pollicitis, in pace ſocialis & jucundi, in conviviis dapſilis et ſereni, omnibus fere, tam Anglis quam conterminis, maxime tamen Noricis acceptabatur. Recipientes eum benevole dicebant; Benedictus qui venit in nomine Domini, Rex pacificus, bellator victorioſus, pater & protector deſolatorum. Dominus autem Papa, ſimulque fratres Cardinales univerſi, cum tota Curia Romana, Regem Haroldum ſemper exoſum habentes, pro eo quod ſibimet diadema Regni, ſine eorum convenientia, et eccleſiaſtica ſolemnitate, conſenſuque Praelatorum, praeſumpſerat, injuriam p. 351diſſimularunt. Et videntes, que fine auſa praeſumptio terminaretur, cum fortuna adverſa ſunt adverſati, potentiori que manu atque victrici, more cupidorum, vel potius arundinis exagitatae ventorum turbine, quantocius inclinaverunt. Such was the Popes & Clergies temper then.

uuIngulph…, Malmsb. Wi…orn. Huntindon, Hoveden, Mat. …, Ma…. …eſtm…. VValſingham, … N…u…, Sim. D…. Radulps d… Dice…, B…, H… to…, F…, C…, G… on, … ſh…d, Speed, D…, …, S. …. H…d, a…s.Duke William being certainly informed, that Harold contrary to his Oath and promiſe to him, had without right or Title invaded the Crown, and being ſecretly invited by ſome of the Engliſh Nobles to challenge his own right thereunto by Kings Edwards deſignation; ſent Meſſengers to Harold, who mildly reprehending him for his breach of Covenant, added by way of menace, that he would before the year expited exact his due from him by force of arms, in caſe he refuſed voluntarily to yield up the kingdom to him. But Harold growing ſecure, contemning his threats, (as never likely to be put in execution, both becauſe the Dukes daughter, to whom he was eſpouſed, was dead, and himſelf involved in wars with his Neighbour Princes) returned his Meſſengers to him with this anſwer, xxMa… Weſtm. l. 434▪ 435.Harold King of England ſends you this anſwer, That true it is, when he eſpouſed your daughter in Normandy, being compelled by neceſſity, He ſware that the Realm of England ſhould belong to thee. But againſt this he aſſerts, That a forced Oath is not to be kept: For if a vow or oath which a Virgin had knowingly made concerning her body, in the houſe of her Father, without her parents conſent, was revocable and void: much more the Oath which he, being under the Scepter of the King, had made without his knowledge, by compulſion, ought to be nnlled and made voyd, as he aſſerted. Moreover he affirmed, Nimis praeſumptuoſum Propoſit. 5, 10.fuiſſe, quod abſque generali Conſenſu Regni Haereditatem vobis juraverat alienandam. Addidit etiam Injuſtum eſſe pe…ere, ut e regno diſcedat, quod tanto Principum favore, ſuſceperat gubernandum. That it was overmuch preſumption in him, that without the general conſent of the Realm, he had ſworn p. 352the inheritance thereof ſhould be alienated to him: That King Edward being then living, he could neither give away the Kingdoms ſucceſſion to him, nor grant it to any other without his conſent; et ſine popull conſenſu, Senatus Decreto, et neſciente omni Anglia, de toto Regno, neceſſitate temporis coactus impegerit: and without the conſent of the people, and decree of the SENATE, (or Parliament) he could not promiſe to him the whole Realmof England, without the knowledge of all England, being compelld therto only by the neceſſity of the time. Adding moreover, that it was unjuſt to demand, that he ſhould depart from that kingdom, which he had undertaken to govern with ſo great favour of the Nobles; yyHiſt. No …o um, l. 1. p 5.Eadmerus, zz…bbreviat▪ Chron. col. 481▪Radulphus de Diceto, and ſome others, record this to be his Anſwer then returned to Duke William. Soror mea, quam juxta condictum expetis, mortua e …. Quod ſi corpus ejus quale nunc eſt vult Comes habere, mittam, ne judicer Sacramentum violaſſe quod feci. Caſtellum Dofris, et in eo puteum aquae, licet neſciam cui, ut vobis convenit, explevi Regnum quod necdum fuit Propoſit. 10, ….meum, quo Iure potui dare vel promittere? Si de filia ſua quam debui in uxorem, ut aſſerit, ducere agit; Super Regnum Angliae mulierem extraneam, inconſultis Principivus me nec debere, nec ſine grandi injuria poſſe adducere noverit.

aaSpeeds History, p. 419. S…e Sir Iohn Hayward in VVill. 1.The Norman, who till then, thought England ſure to be his, and had devoted his hopes from a Duke to a King, ſtormed to ſee himſelf thus fruſtrated on a ſudden, and inſtead of a Crown to have ſuch ſcorns heaped on his head; therefore, nothing content with this ſlight and ſcornfull anſwer, returnd his Ambaſſadors again to Harold, by whom he laid his claim more at large; As that King Edward in the Court of France, had faithfully promiſed the Succeſſion unto him, and again ratified the ſame unto him, at his being in England; and that not done without conſent of the State, but confirmed by Stigand (it ſhould be Robert) Arch-biſhop p. 353of Canterbury, the Earls Godwin and Siward, yea and by Harold himſelf, and that ſo firmly aſſured, that his Brother and Nephew were delivered for pledges, and for that end ſent to him into Normandy: that he being no way conſtrained to ſwear (as he pretended) he appealed to Harolds own Conſcience, who beſides his voluntary offer to ſwear the ſucceſſion of the Crown unto him, contracted himſelf to Adeliza his daughter, then but young, upon which foundation the Oath was willingly taken. But Harold who thought his own head as fit for a Crown as any others, meant nothing leſs than to lay it down upon parly; and therefore told Williams Embaſſadours plainly; That however Edward and he had tampered for the Kingdom, yet Edward himſelf coming in by election, and not by any Title of Inheritance, his promiſe was of no validity, for how could he give that wherein he was not intereſted, nor in the Danes time was likely to be? and tell your Duke, that our Kingdom is now brought to a ſetled eſtate, and with ſuch love and liking of the Engliſh, as that they will never admit any more a ſtranger to rule over them. That the Duke himſelf well knew, that the Oath he made him was only for fear of death or impriſonment, and that an Oath ſo extorted in time o… extremity, cannot bind the maker in Conſcience to perform it, for that were to joyn one ſin with another. With which and the like Speeches he ſhifted off the Dukes Embaſſadours, without any Princely entertainment, or courteous regard: who returned home without reply, bbMalmesb. de Geſt. Reg. l. 3. p. 99, 100.vel veris vel vereſimilibus argumentis perſtricti.

ccEadmerus Hiſt. Nov. l. 1. p. 5. Radulph. de Diceto Abbrev. Chron. col. 481. Cambdens Brit. p. 147.Some of our Hiſtorians record; That the Dukes Meſſengers upon their ſecond Embaſſy, admoniſhing him how religiouſly he had bound himſelf by Oath, and that perjured perſons ſhould be ſure to find perdition from Gods hands, and reproachfull ſhame with men, waived all other p. 354demands of the Crown, and inſiſted only upon this; That Harold ſhould marry his Daughter, which he had eſpouſed, according to his promiſe, elſe he ſhould certainly know he would by force of Armes challenge the ſucceſſion of the Kingdom promiſed to him. But this ſeems improbable, becauſe our other Hiſtorians conclude, that his espouſed Daughter was deadbefore this Embaſſie; and Williams preparations and future Meſſages claiming the Crown, reſolve the contrary. ddHiſtoria p. 900.Abbot Ingulphus flouriſhing at that time, gives us this ſum of their Negotiation, and Harolds anſwer thereunto. Willielmus autem Comes Normanniae Legatos mittit, foedera facta dicit, pacta patefecit, promiſſa petit, & aliquod juſtum medium confici requirit. At Rex Haroldus Legatos vix auſcultat, foedera fracta negat, pacta recuſat, promiſſa excuſat, & omnia juſta media oblata ſufflat, & ſubſannat; Cumque haec intermedia quotidie agerentur, ac ſolum nunciorum curſus ac recurſus tota aestate ſine fructu conſumerarentur; The Embaſſadours returned empty, bringing only Harolds unſatisfactory and ſcornfull Anſwers with them. eeMat. Paris Mat. Weſtmin. wigornienſis, Sim. Dunelm. Rad. de Diceto, Bromton, Huntind. Hoveden, Hygden. Malmsbur. de Geſt. Reg. l. 3. p. 99, 100. Henry de Knyghton, de Eventib. Angl. l. 1. c. 16. Ingulphi Hiſt. p. 900. Cambdens Brittan. p. 148. Speeds Hiſt. p. 420. Grafton, Fabian, Holinſhed, Caxton, Daniel, Baker, Fox, Sir …o. Haywood.Wherewith Duke William being much inraged, caſt about how to recover that by right of armes which he could not gain by Treaty; providing Ships, Souldiers, Mariners, and all things neceſſary for an invaſive war, making choice of the talleſt, skilfulleſt and goodlieſt Souldiers he could ſelect, and of ſuch Captains and Commanders, as both in the Army and elſewhere, ſeemed all of them to be rather Kings than Nobles. And to ſet the better colour upon his pretended enterpriſe, he ſent to Pope Alexander, acquainting him with the juſtice of his cauſe, and the war he had undertaken, his Embaſſadours ſetting them forth with all the ſtrength of eloquence, which Harold neglected to doe, either through ſloathfullneſs, or diffidence of his Title, or for fear William (who ſtrictly watched at Ports) ſhould intercept his Meſſengers. The Pope having weighed p. 355the Title of both parties, ſent a conſecrated Banner to Propoſie. 6, 9William, as an Omen of his right to the kingdom, and good ſucceſs taken in the enterpriſe. Which having received, Conventum magnum Procerum apud Liſlibonam, fecit, ſuper negotium ſingulorum ſententias ſciſsitatus: Duke William called a Great Council of Nobles at Lillebon, demanding every one of their opinions concerning this buſineſs: Cumque omnes ejus voluntatem plauſibus excipientes, magnificis promiſſis animaſſent, Commeatum Navium omnibus; pro quantitate poſſeſsionum indixit. Henry Huntindon, Hygden, Radulphus de Diceto, Speed, Daniel, and others relate, That the Lords of Normandie in this great Parliamentary Aſſembly, taking Counſel amongſt themſelves, what was beſt to be done in this expedition, VVilliam Fitz-Osbert counſelled, to leave and forſake the war, both for ſcarcity of fighting men, and by reaſon of the ſtrength, valour, fierceneſs and cruelty of the Enemies. Whereof the other Lords being glad, put their anſwer into his mouth, reſolving they would all conſent to what he ſhould ſay: Who comming before the King ſaid; That he and all his men were ready and devoted to aſſiſt him in that enterpriſe, and ſo were all the other Lords. Whereupon all the Nobles of Normandy being thus unexpectedly ſurprized and bound by his words and promiſe, provided themſelves for the expedition. In this Aſſembly of the Norman States, ffCambdens Brit. p. 147. Speeds Hiſt. p. 421. Daniel Hiſt. p. 34, 35…a ſubſidy being propounded, as the ſinews to carry on this great undertaking: it was anſwered, That a former war with the French had impoveriſhed much of their wealth; That if new wars were now raiſed, and therein their ſubſtance ſpent to gain other Propoſit. 1, 9.parts, it would be there ſo miſſed, as it would hardly be ſufficient to defend their own; That they thought it more ſafe for him to hold what he had, than with hazard of their own to invade the territories of others: That though the war intended were juſt, yet it was not neceſſary, but exceeding dangerous. Beſides, by their allegiance they were not bound to p. 356military ſervices in forein parts, and therefore no payments could be aſſeſſed upon them. Whereupon the wealthieſt of all the people were ſent for by the Duke, and ſeverally, one by one conferred with; ſhewing them his right and hopes of England, where preferments lay even for the meaneſt of them: only money was the want, which they might spare, neither ſhould that be given, but lent upon a plentifull increaſe. With which words he drew them ſo on, that they ſtrove who ſhould give moſt, and by this means he gathered ſuch a maſſe of money as was ſufficient to defray the war. Beſides, Fitz Osburne promiſed to furniſh 40 ſhips at his own charge, the Biſhop of Bayon 40, the Biſhop of Mau… 30. and ſo others accordingly, beyond their abilities: And divers neighbour Princes, upon promiſes of fair poſſeſſions in England, aſſiſted him both with Ships and Souldiers. On the other ſide Harold to prevent his and the Danes invaſions, who likewiſe laid Title to the Crown, provided ſhips and forces, to oppoſe them both by Sea Propoſit. 3.and Land, and repairing to the Port of Sandwich, appointed his Navy to meet him there; which being there aſſembled, he ſailed with it to the Iſle of VVight, and there watched the coming of VVilliam into England with his Army all the Summer and Autumn, placing likewiſe his Land forces of Foot in fitting places about the Sea coaſts. But at laſt the victuals of the Navy and land Army being ſpent, they both returned home about the Feaſt of St. Mary.

ggMalmsb. Mat. Paris, Mat. Weſtm. Huntindon, Hoveden, Sim. Dunelmen. Bromton, Radulph. de Diceto, Hygden, Knyghton, Walſingham, Fabian, Caxt. Holinſhed, Graft. Speed, Daniel, Baker, Ailredus Abba. Sir Iohn Haywood.Soon after Divine Providence, to make the eaſier and ſpeedier way for Harolds overthrow, ſtirred up his own Brother Toſti, the baniſhed Earl of Northumberland, to recover his Earldom, and avenge himſelf of Harold (who exiled him) ſome think by Duke VVilliams advice, they marrying two Siſters: who coming with 60 ſome write 40) ſhips, out of Flanders, forced Taxes and Tribute out of the Iſle of VVight, took booties and Mariners to ſerve in his Navy on the p. 357Sea coaſts of Kent, whence he hoiſing ſail, fell foul on Lincolnſhire, where Morcar and Edwin, Earls of Chester and Yorkeſhire incountring him with their forces by Land, and Harolds Navy by Sea, with ſome loſs of their men, routed, and drove him from thence into Scotland. Where after ſome ſtay Harold Harfager, King of Denmark, after his conqueſt of the Orcades, by Toſti his ſolicitation, came into the River of Tine with 300. (others write 500) ſhips, where they both united their forces, intending to ſubdue and conquer England: then landing their Souldiers in Northumberland, they waſted and ſpoiled the Country where ever they came. Whereupon Earl Morcar, and Earl Edwin, with the inhabitants of the Country, raiſed all the forces they could againſt them, and giving them battel in a tumultuous manner, were routed by them, many of them being ſlain in the field, and the reſt inforced to fly into York for ſhelter, which the Enemies beſieging, was preſently ſurrendred up to them, and hoſtages delivered them after the ſlaughter of many Citizens▪ Nobles, and Clergy-men. Upon this King Harold recollecting his disbanded Army and Navy, marched with all ſpeed towards York againſt the Danes, Norwegeans, and his brother Toſti, but coming to Hamford Bridge, one valiant Dane, with his Battle Axe ſlew 40 of his men, and made good the Bridge againſt the whole Army, for a long ſpace, till at laſt ſome going under the Bridge in a Boat, ſlew him with a ſpear. Both Armies joyning battel, after a long and bloudy fight, Harfager and Toſti, with may other of Note were ſlain, their whole Army routed, all their Ships taken, with the loſs of many of the braveſt Engliſh Souldiers, and 20 of their Ships only permitted to depart into Denmark with their wounded men, and Olaus Harfagers Son, who to ſave his life, took an Oath, never from thenceforth to attempt any hoſtility or invaſion against the Engliſh. hhDe Vita & Miraculis Edwardi Confeſſoris.This victory Abbot Ailred a p. 358aſcribes to the merits of Edward the Confeſſor, who promiſed to be the Captain and Protector of the Engliſh Nation, againſt thoſe Enemies who invaded the Realm contrary to right and Law, and promiſed them the victory over them: But Harold, aſcribing it to his own valour, inſtead of rewarding his Souldiers with the ſpoils of the vanquiſhed enemies, as the price of their bloud, out of a baſe unworthy a varice, converted all the ſpoils and booty to his own private uſe, giving no part of them to any other: Wherewith many of the Nobles and common Souldiers were ſo incenſed, that deteſting the covetouſneſs of their Prince, they unanimouſly departed from his ſervice, and refuſed to march with him againſt the Normans. This triumphant victory ſo puffed up Harold, that he thought himſelf ſecure in the Throne, beyond the fear or reach of any adverſity, and inſtead of a King became a TYRANT.

Whilſt Harold with all his Land and Sea forces were thus buſied in the North of England, Duke VVilliam in Auguſt aſſembled all his Land Army and Navy, conſiſting of 900 ſhips, at the Port of S. Valerie, to invade England in the South, then wholly deſtitute of all Guards by Land, and Navy by Sea, to reſiſt his landing▪ And to ſatisſie his Souldiers, and all others of the juſtice of his undertaking, iiHen. Huntind in Hiſt. l. 6. p. 367. Polychron. l. 6. c. 29. Chron. Io. Erompt. col. 958. Hen. de Knyghton, de Eventibus Angliae, l. 1. c. 16. Speeds Hiſtory, p. 422. Fox Acts and Monuments, Vol. 1. p. 215. Cambdens Britannia, p. 149, Sir Iohn Haywood.he alleged theſe three cauſes thereof, which Henry de Knyghton devides into four.

The firſt was, to revenge the cruel murther of his Couſin Prince Alfred, King Edmunds brother, and of the Normans who came with him to aſſiſt him to recover the Crown of England, to which he was right heir, whom Godwin and his Sons had ſhamefully diſhonoured, treacherouſly betrayed, and barbarouſly murdered; which fact he aſcribed principally to Harold.

The ſecond was, becauſe Godwin and his Sons by their cunning, had injuriouſly baniſhed Robert Arch-biſhop of Canterbury, Earl Odo, and all the French and p. 359Normans out of England, which wrong he would revenge on Harold, as done principally by his means and labour.

The third and chief ground was; becauſe Harold falling headlong into perjury, had without any right uſurped the Crown and Realm of England, which of due belonged unto him, both by right of Kinred to, and gift by King Edward his Nephew, and by Harolds own ſolemn Oath and promiſe, made to him in Normandy, to preſerve the Kingdom for his uſe after King Edwards death without children, according to King Edwards command.

While Duke William with his ſhips and Army lay many days together at S. Valerie, expecting a fair gale for England, the winds being croſs kkMalmsbury de Gestis Regum, l. 3. p. 100.many of the common ſouldiers there lying in Tents, thus muttered one to another: That the man was mad who would by force invade and make another mans Country and Realm his own; That God did fight againſt them in withdrawing the winds: That his Father attempted the ſame thing in the ſame manner, and was hindered and inhibited therein. That it was fatal to his family, that aſpiring to things above their power, they ſhould find God oppoſite to them. Theſe ſpeeches bruted abroad, which might enfeeble the ſtrength, and abate the courage even of valiant men; The Duke thereupon taking Counſel with his Senators, cauſed the [l] Mat. Weſtminſt. p, 435. Mat. Paris Hiſt. Angl. p. 2. Henry de Knyght. de Event. Angl. l. 2. c. 1. Fabian part 6. c. 217. Grafton, Holinſh. Speed, Caxton, Haywood, and others.Corps of St. Valerie to be brought forth to procure a wind; & preſently a proſperous gale filling their ſayles, the Duke himſelf firſt took ſhip, and launched forth, and all the reſt after him, then caſting Anchor till the Flee… came round about him, they all ſailing with a gentle courſe landed at Haſtings and Pevemſy. The Duke ſtepping forth of the ſhip upon the ſhore, one of his feet ſlipped, ſo that he fell down into the mud, one of his hands being filled with ſand, whch he interpreted as an ill omen, and ſiniſter event. But one of his Souldiers who ſtood next him, lifting him up from his fall, duplicate page p. 360duplicate page p. 361p. 360whiles he held the mud in his hand, changed this event into a better interpretation, ſaying; Most happy Duke, thou already poſſeſſeſt England and ploweſt it up; Behold the land is in thy hand, Lift up thy ſelf with good hope, thou ſha't be King of England ere long.

No ſooner was the Army landed, (m) but the King 4. Mal…esb. de Geſt. Reg. l. 3. p. 100. Fabian, part 6. c. 217. and others.ſtrictly charged them to forbear plundering, and take no booties, ſeeing they ought to spare the things that ſhould be his own, nor to wrong any of their perſons, who ſhould ere long become his Subjects. nnReſtitution of decayed Antiquities, p, 137 Propoſit. 1, 2, …Richard Vestegan records out of a French Hiſtorian, that Duke VVilliam the ſame day he landed in England, cauſed divers of his chief Officers and Friends to dine with him, and chancing at dinner to talk of an Aſtrologer, who by the conjunction of the Planets, had aſſured him at St. Valerie, That Harold ſhould never withſtand him, but ſubmit himſelf unto him, and yeeld him faith and homage; willed now that the ſaid Aſtrologer ſhould be brought unto him, whom he had cauſed to be imbarqued for that voyage: But it was told him, that the Ship wherein the ſaid Aſtrologer ſailed, was caſt away at Sea, and he drowned in it. Where unto the Duke replyed; That man was not wiſe, who had more regard to the good or …ll fortune of another, than unto his own. I am now, thanks be to God, come over, I know not how the reſt will ſucceed. How falſe this Star-gazers prediction proved, the ſequel will manifeſt.

ooMalmsb. Mat. Paris, Wigorn. Hoveden, Bromton, Hygden, Fabian, Knyghton, Walſingham, Holinſh. Speed, Daniel & others.Duke VVilliam after his arrival, reſted quietly 15. days without acting any thing, as if he minded nothing leſs than war. After which to cut off all occaſion or hopes of return from his Souldiets, he fired all his ſhips, or (as ſome write) drew them all a ſhore and intrenched them, as others: erecting only a Caſtle on the ſhore for a retiring place for his Souldiers, if need were. From Pevenſy he marched to Haſtings, where he built another Fort. ppDe Event. Angl. l. 2. c. 1.Henry de Knyghton records, that the firſt night he lodged in England in his Pavillion, p. 361there came a voice unto him, ſaying: William, William, …be thou a good man, becauſe thou ſhalt obtain the Crown of the Realm, and ſhalt be King of England; and when thou ſhalt vanquiſh the enemy, cauſe a Church to be built in the ſame place in my name, ſo many hundred foot in length, as in number of years the ſeed of thy bloud ſhall poſſeſs the Government of the Realm of England, and reign in England, an 150. years. But (q) Matthew Weſtminſter [b] Flores Hiſt. p. 439, 440.writes, this voice was after the battel with Harold, not before it, and the ſubſequent words in Knyghton, (touching his march to London,) import as much.

rrMalmsbur. Huntindon, Hoveden, wigorn. Sim. Dunelm. Mat. Paris, Mat. Weſtminſt. VValſingham, Radulphus de Diceto, Knyghton, Polychron. Bromton, Fabian, Caxton, Graſton, Holinſhed, Speed, Daniel, Baker, Sir John Hayward.Harold reſiding in the North after his great victory there, when he deemed all his Enemies totally broken in pieces, received certain intelligence, that Duke William was ſafely arived at Pevenſey with his Fleet, and an innnwerable company of valiant Horſemen, Slingers, Archers, and Footmen, whom he had hired out of all France. Whereupon he preſently marched with his army in great haſte towards London; and although he well knew, that most of the valiant men in all England were ſlain in the two late Battels against Toſti and the Danes; that many of the Nobility and Common Souldiers had quite deſerted him, refuſing to march with him, in that necſſity, becauſe he permitted them not to ſhare with him in the great booties they had won with their bloud; and that half his▪ Army were not come together; yet he reſolved forthwith to march into Suſſex againſt the Enemy and fight them, with thoſe ſmall forces tired he then had, being moſt of them Mercenaries and Stipendiaries, except thoſe Engliſh Noblemen, Gentlemen and Freemen, who enflamed with the love and liberty of their Native Country, voluntarily engaged themſelves with him in the defence thereof, againſt the common, dangerous, invading Enemy, rather than to ſupport his uſurped Diadem and Royalty over them: of which number there were very few. ssMalmsb. De Geſtis Reg. l. 2. p. 94. l. 3. p. 100. See Mat. Weſtm. p. 435. Fabian, part 6. c. 277. Sir Io. Hayward in VVill. ….Immo vero pa…i, et manu pomptiſſimi fuere, qui charitati corporum renunciantes Pro patria animas p. 362poſuerunt. Nam praeter Stipendiarios et Mercinarios milites, paucos admodum ex comprovincialibus habuit. Praecipitabant eum nimium fata, ut nec auxilia convocari vellet; nec ſi vellet, multos parituros invenerat. lta omnes ei erant infe…ſi, quod ſolus manubiis Borealibus incubuerat: Unde cum ſuis quos ductabat aſtutia Gulie… mi circumventus, fuſus est levi videlicet belli negotio, ſed occulto et ſtupendo Dei conſilio, quod nunquam posteà Angli Communi praelio in libertatem ſpiraverint, quaſi cum Haraldo omne robur deciderit Angliae, quae certe Potuit et debuit (etiam per iner…iſsimos) ſolvere paenas perfidiae. Yet ttYpodigma Neuſtria, p. 28.Thomas of Walſingham and ſome others write, that Harold had gathered together an innumerable company of Engliſhmen against Duke William; and the multitudes of the Nobility, Gentry, and Commons of England ſlain in the Battel, beſides thoſe who fled from it, and could not come to fight; manifeſt his Army not to be ſo ſmall, as theſe Authors would make it, uuSee Malmsde Geſtis Reg. Angl. l. 2. p. 94.only to augment the Engliſhmens valour, and ecclipſe the Normans, as overcomming them more by ſtratagem and multitude than true fortitude. Whiles Harold was in his march towards William within 9 miles of his Fort in Suſſex, he ſent out Scouts before him, to diſcover the forces and numbers of the Enemy, who being intercepted and brought to William, he cauſed them to be led about his tents, that they might well view his Army, and then being bountiſully feaſted, he commanded them to be ſent back to their Maſter without any harm. Who returning to Harold, commending the Dukes magnificence, martial proweſs and clemency, ſeriouſly affirmed, that all his Souldiers ſeemed to be Prieſts, becauſe their faces and both their lips were ſhaven; which kind of ſhaving none of the Engliſh then uſed, but their Prieſts only. Upon which Harold ſmiling at the Scouts ſimplicity; replied, They were not effeminate Prieſts, but Souldiers of great and valourous minds, invincible in arms. Whereupon xxMat. Weſt. p. 436. Malmsbury de Geſtis Reg. l. 3. p. 100. Mat. Paris Hiſt. Angl. p. 3. Holinſhed, Speed, Sir Iohn Hayward and others.Girth, Harolds p. 363younger Brother, a man of great knowledge and valour beyond his years, taking the Speech out of his mouth, ſaid; Seeing you commend the valour of the Normans to be ſo great, I hold it unadviſed raſhneſſe for you to fight with them, to whom you may be reputed inferiour, both in merit and valour. Neither are you able to gainſay, but that you took an Oath to William (to reſerve the Crown to his uſe) voluntarily or unvoluntarily. Wherefore you ſhall doe more adviſedly to withdraw your ſelf out of the field in this inſtant neceſſity, ne ſi perjurus decertans, vel fugam vel mortem incurras, leſt fighting perjured, you incurre either flight or death, and the whole Army periſh for your ſin of Perjury, ſeeing there is no fighting againſt God. Therefore expect the iſſue of the battel without danger: For we are altogether free from any Oath, juſtum ſuſcipimus bellum pro Patria pugnaturi, and have undertaken a juſt warr, to fight for our Country. If we fight alone without thee, thy cauſe ſhall No…a.prosper better, and thou ſhalt be more ſafe, whatever befalls us; For if we fly, thou maiſt be able to ſuccour and restore us; and if we be ſlain, thou maiſt revenge us. But ſuch was Harolds unbridled raſhneſs, that he would not give a pleaſing ear to this admonition, eſteeming it inglorious, and a great diſhonour to his former life and valour, to turn his back to any Enemy or danger.

Whiles theſe diſcourſes paſſed between them: in comes a Monk ſent by Duke William, claiming the kingdom as his, Becauſe King Edward had granted it to him by advice of Archbiſhop Stigand, and of the Earls Godwin and Siward, and had ſent the Son and Nephew of Godwin hostages thereof into Normandy. But to avoid effuſion of Chriſtian bloud, the Monk brought him theſe three profers. Either to depart with the Realm to William, according to his Oath and agreement. Or, to hold the Kingdom from, and reign under him. Or finally to determine the controverſie between them two by a ſingle p. 364Duel, in the view of both their Armies. But Harold out of a ſtrange imprudence, impudence & pride of heart, as one whom the heavens would depreſſe, accepting neither domeſtick counſel, nor the Normans offer, would neither vouchſafe to look upon the Meſſenger with a good countenance, nor diſcourſe with him in milde terms, but ſending him away with indignation, prayed only thus, That God would judge between him and his Master William. To whom the Monk boldly replying; required, that if he would deny the right of William, he ſhould either referr it to the Judgement of the See Apoſtolick, or elſe to battel, if he had rather; by which he aſſerted, that William was ready to trie his Title. But Harold anſwering nothing to thoſe his Propoſals, but what he had done before, went within little of laying violent hands upon the Embaſſador, commanding William with violent terms and menaces to depart his kingdom. By which he whetted the minds of the Normans to fight, and gave them hopes of Victory by his Injuſtice. After which both Armies provided to give battel the next morning, being Harolds birth-day, 4 October 1066. his Souldiers (as men whoſe Heads were ſure to be crowned with lawrels of Victory) ſpent the whole night in licentious revels, riot, drunkenneſſe, clamours, ſhouts; but the Normans more Chriſtianly and ſeriouſly demeaning themſelves, ſpent it in confeſſions of their ſins, prayers, and Vowes to God for victorious ſucceſſe. No ſooner did the morning appear, but the Norman Army was prepared for battel. Then yyHen. Huntindon Hiſt. l. 3. p. 368. Chron. Iohan: Bromton col. 959, 966.Duke William making an elegant oration to them, minded them, of the extraordinary valour, the manifold victories and conquests of their anceſtors and themſelves, which he exhorted them now to ſecond, concluding his Speech with this exhortation, To avenge the …injury of Harold, and the treachery of him and the Engliſh in murdering Prince Alfred, and the Noble Normans who accompanyed him. Nonne pude… Regem Haroldam, contra p. 365me in praeſentia veſtri perjuram faciem ſuam vobis oſtendere auſum fuiſſe? Mihi tamen ſtupor eſt, Quod eos qui parentes veſtros, cum Alfrido cognato meo proditione nefanda excapitaverunt, oculis veſtris vidiſtis; et eorum capita adhuc humeris eorum ſuperſin…. Erigite vexilla viri, nec ſit irae promeritae modus vel modeſtia. Ab oriente ad occidente videatur fulmen gloriae veſtrae, audiatur tonitrum impetus veſtri, Vindiceſque generoſiſsimi ſanguinis. At which words all the Normans were ſo incenſed againſt the Engliſh, that they left their Duke alone ſpeaking to himſelf, before he had ended his Speech; and preſently charged the Engliſh with unſpeakable violence, before the third part of their army could be ſet in battel array (as Wigornienſis, Sim. Dunelmenſis, Radulphus de Diceto, Hoveden, Bromton, and others write.) One Taillefer, running before the reſt, ſlew three Engliſh Enſigns one after another, and then was ſlain himſelf, before the reſt of the Souldiers encountred. The Engliſh, by reaſon of the narrowneſſe of the place, were unable to bring up above one third part of their men to fight in an orderly manner; For which cauſe, and out of hatred to Harold, many of them deſerted both the field and him, and very few continued with him with a conſtant heart. Yet the battel was ſo manfully fought by Harold, and the Engliſh remaining with him, with various ſucceſſe (ſometimes one ſide prevailing, ſometimes the other) that it continued from the third hour of the day, even till dark night. The Engliſh ſtood ſo thick and cloſe together, and fought ſo valiantly, that the Norman aſſailants could no waies break their array, and were upon the point to recoyl: Which William perceiving, politickly ſounded a Retreat; the Normans retiring in good order, the Engliſh ſuppoſing them to flie, and themſelves to be Maſters of the field, thereupon began diſorderly to purſue them, breaking their ranks and files; but on a ſudden the Normans having their wiſhed opportunity p. 366charged them afreſh, being ſcattered and diſordered, ſo as they were not able to recover their battel, and ſo were beaten down and flain on every ſide; none of them by flight ſeeking to eſcape the field, but to maintain their honour in arms, chuſing rather manfully to dye fighting in the cauſe and defence of their Country, than to forſake their Kings Standard. Who performing the Office both of an expert Commander and valiant Souldier all the day, after many wounds received, and fighting very manfully was at laſt ſlain with an arrow, ſhot through his brain in at his left eye, and falling dead from his horſe to the ground, was ſlain under his own Standard, (when he had reigned only 9. Moneths and S. dayes;) and his two Brothers, Girth and Leofwin, with moſt of the Engliſh Nobility & Gentry there preſent were ſlain together with him. Upon Harolds death, moſt of the common mercenary Souldiers fled, being without that head for whom they fought, and were purſued and ſlain by the Normans till night, zzMat. Weſt. p. 438, 439. Malmsbury, de Geſtis Regum, l. 3. p. 101.Sed generoſi malentes mori quam probroſe fugere, videntes exhaeredationem ſuam imminere et jugum intolerabile, donec nox certamen divideret, in certamine immota pectora praebentes preſtiterunt, pulchram mortem pro patria ultione meruere. aaSpeed, Heylyns Microcoſm.Some of our Hiſtorians write, that there were ſlain of the Engliſh in this battel no leſſe than ſixty thouſand nine hundred twenty four men; which could not be, if Harolds Army were ſo ſmall, as ſome report it; the Normans loſing not above ſix thouſand in the fight. bbHiſt. Novo…um, l. 1. p. p. 5, 6.Eadmerus, Roger de Hoveden, Simeon Dunelmenſis, Radulphus de Diceto, Bromton, and others, aſcribe this Victory only to a divine Miracle, and Gods Juſtice upon Harold for his deteſtable perjury, from the Teſtimony of the French who were preſent in it. De ho… praelio teſtantur adhuc Franci qui interſuerunt, quoniam licet varius caſus hino inde extiterit, tamen tanta ſtrages et fuga Normannorum fuit, ut victoria, quâ potiti ſunt, vero et abſ que dubio ſoli p. 367miraculo Dei aſcribenda ſit, qui puniendo, per hanc iniquum perjurii ſcelus Haroldi, oſtendit, ſe non domiuum eſſe volentem iniquitatem. Which ccDe Genealog. Reg. Angl. col. 367, 368. & De Vita & Miraculis Edwardi Confeſſoris, col. 977.Abbot Ailred thus ſeconds. Gulielmus Dei judicio (to which Harold appealed) ipſum Haroldum Regno ſim…l et vita privavit, for invading the Crown againſt right and his Oath, belonging to William, jure conſanguinitatis & antiquae inter ipſum et Edwardum conventionis. The moſt of our Hiſtorians do the like. ddYpodigma Neuſtri…, p. 28.Thomas of Walſingham, imputes the great ſlaughter of the Engliſh in this battel by the Normans, as a juſt Judgement of God upon them for their treacherous murder of Prince Alfred and the Normans that came with him. Referuntur illo conflictu pugnae multa millia Anglorum corruiſſe, Chriſto illis vicem reddente ob Aluredi fratris Edwardi Regis necem, ab eis injuſte perpetratus: With whom Mr. eeA…s an… Monnments, vol. 1. p. 215. …ere p. 254.John Fox concurrs in his forecited paſſage; and Duke Williams Speech to his Souldiers before the battel implies as much, he making it the chief ground of his invading England.

This battel, writes ffDe Vita & M…raculis Edwardi Confeſſoris, col. 401.Abbot Ailred, Anglicae Libertati finem dedit, initium Servituti: to which ggDe Geſtis Reg. l. 3. p. 101.Malmsbury ſubjoyns. Illa dies fuit fatalis Anglis, funestum excidium dulcis patriae, pro novorum dominorum commutatione. hhIngulphi Hiſt. p. 900. Mat. Weſtminſt. Ma…. Paris, p. 4. Wigorn. p. 428. Hoveden, p. 447 448. Sim. Dunelm. col. 193. Radulphus de Diceto Abbr…v, Chron. Col. 479. Knyghton De Event. Angli…. l. 1. c. 15. Polychron. l. 6. c. 28. Walſingham Ypodigma, p. 28. Fabian, Caxton, Gra… ton, Holinſhed, Speed, Stow, Baker, Sir Iohn Hayward.Hanc autem regni ſub verſionem, & ſanguinis redundantis effuſionem, cometa ingens & ſanguinea at que crinita, in exordio illius anni apparens, minaci fulgore praeſignavit, unde quidam:

Anno mille ſimo ſexageno quoque ſeno

Anglorum metae flammas ſensère Cometae.

Quod Regni mutationem magnam, populi Stragem, & multam ter…e miſeriam portendit. Ut enim Philoſophi dicunt, quo dirigit …rinem, illic diriget et diſcrimen…; as p. 368Abbot Ingulphus, Mat. Weſtminſter, Matthew Paris, Huntindon, Hoveden, Wigornienſis, Simeon Dunelmenſis, Hygden, Knyghton and others obſerve.

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

iiMalmsh. de Geſt's Regum, l. 3. p. 100, 101. Cambden, Speed, Daniel, Fabian, part. 6. c. 217. Sir Io. Hayward in William the 1.Morcar and Edwin Earls of Yorkeſhire and Cheſhire, Harolds Brother-in-laws, withdrawing themſelves and their forces from their battel, (either for want of room to fight, as was pretended, or rather for former diſcontents) retreated to London: where conſulting with Alfred Archbiſhop of York, and other Peers, and with the Citizens and Mariners of London, they all reſolved to crown and …et up Edgar Atheling the true heir, for their King: promiſing, to march under him with all their forces againſt Duke William, and to try another field; for which end they poſted abroad Meſſengers to levy new forces, and raiſe up the hearts of the dejected Engliſh from a deſpairing fear. But before Edgars Coronation, whiles many were preparing themſelves for a new battel, Morcar and Edwyn (whom this fearful eſtate of their native Conntry would not diſſwade or reſtrain from diſloyalty and ambition, to gain the Crown to themſelves, (as ſome record) ſecretly hindered that noble and prudent deſign, by withdrawing themſelves from Edgar, and marched home with all their forces and their Siſter Algitha, or Agatha, (Harolds wife) into Northumberland; conjecturing out of their ſimplicity, that Duke William would never come ſo farr. Upon their departure, though the reſt of the Nobles would ſtill have elected and crowned Edgar King, if the Biſhops would have aſſented thereunto; yet the Prelates, ſtruck with the fear of the Popes thunderbolt from abroad, and with the conſideration of p. 369the diviſions, diſtractions of the Nobility and people, and the imminent danger at home, would no wayes concurr with the Nobles, Londoners, Sea-Captains and others, to crown Edgar, but reſolved to go forth and ſubmit themſelves to the victorious Duke, and elect and crown him for their Soveraign. kkDani…ls Hiſtory..The Nobility diſcerning this wavering inconſtancy of the Biſhops; and conſidering, that they were nobly born, and muſt have a King; that not to take him (who was of power to make himſelf King) would ſhew more of paſſion than diſcretion, diſtruſting each others faith, began to ſtrive and runn headlong, who ſhould be the firſt to preoccupate the Grace of Servitude, and intr…de them into forein ſubjection. The Commons (like a ſtrong Veſſel, that might have been for good uſe) were hereby left without a ſtern, and could not move irregularly without apparent ſhipwrack. So that all eſtates in generall, either tranſported with ſordid fear, or corrupted with new hopes, forſook Edgar, themſelves, and their diſtreſſed Country, reſolving all to become Williams ſworn Vaſſals, without any further conteſt. llDe Geſtis Reg. l. 3. p ….Ita Angli qui in unam coeuntes ſententiam potuiſſent Patriae reformare ruinam, dum nullum ex ſuis volebant, induxerunt alienum.

During this their Conſultation at London, mmMarianus, VVigornienſ…s, Hoveden, Sim. Dunelm. Speed, Holinſhed, Daniel, Cambden, and others. Fabian, part. 6. c. 217. Sir Iohn H…yward in VVill. the 1.Duke William after his victory marched with his army through Oxfordſhire, Buckinghamſhire and Hartfordſhire, towards London, ſo farr as Berkhamſted, without the leaſt oppoſition; waſting the Country, burning the Villages, and ſlaying the people (as Hoveden, Cambden, and others write) notwithſtanding his former inhibition of plunder, to force them more readily to ſubmit unto him. Hereupon Aldred Archbiſhop of York, Wulſtane Biſhop of Worceſter, Walter Biſhop of Hereford, yea Prince Edgar himſelf, all the Engliſh Nobility, the chiefeſt of the Londoners, and many others repaired to the victorious Duke at Berkhamſteed; where giving p. 370him hoſtages for their fidelity, they reſigned themſelves up unto him as his ſubjects, and ſwore allegiance to him: with whom he reciprocally made a Covenant of Peace; & nihilominus exercitui ſuo villas cremare, & rapinas agere permiſit, adds Hoveden. When the feaſt of Chriſts Nativity approached, Duke William reſolved to march to London, with all his Army, and there to be crowned King; nnM…. … the … A…b… Frederick, Speeds …iſtory, p. 436. Io…n S…ow, Sir Iohn Harward in William the 1.but being on his way, he found all the paſſ…ges blocked up with many great trees, which Frederick Abbot of St. Albans deſcended from the Saxons noble bloud) had cauſed to be cut down and caſt in the waies, to ſecure his Monaſtery from the deſtruction of the Normans; whereat the Duke both wondering and fretting, ſent for the Abbot, under aſſurance of his ſafe return; and demanding the cauſe, Why his woods were thus felled, and the wayes blocked up? he returned him this ſtout anſwer: I have done (ſaith he) both the duty of my birth and profeſſion; and if others of my rank had performed the like, (as they well might and ought to doe) it had not been in thy power to have pierced the land thus farr. William hearing his bold anſwer, and knowing it was now a …i…ter time to pacifie, than exulcerate the Engliſh Spirits, gave way to the preſent neceſſity, and marched to London with his Army; where he was joyfully received, by the Prelates, Nobles, and Generality of the People, and by them all elected and crowned King on the day of Chriſts Nativity, Anno 1066. ooMatthew …. p. 44. Ma…, Pa…s, p. 3, 4. Malmsb. de Geſtis Reg. l. 3. p. 102. Bromton, Knyghton, Groſton, Speed Daniel and others.In magna exultatione a Clero et Populo ſuſceptus, et ab omnibus Rex acclamatus. ppYpodigma Neuſtriae, p. 28.Thomas of Walſingham records, that Williams Vantguard marching into London before him, found many Rebels againſt him in the ſtreets of the City, with whom they encountring forthwith, brought no ſmall grief and lamentation to the City, by reaſon of the many funerals of the Citizens and their Sons whom they ſlew. At laſt, the Citizens perceiving they could no longer reſiſt them, put in hoſtages, ſubjecting themſelves with all theirs to their Conqueror and p. 371Hereditary Lord. After which (writes he) the Duke on Christmaſs day was elected King by all the Nobles, as well of the Normans as Engliſh, and anoynted with ſacred oyl, and crowned with the royal Crown by the Biſhops [q] E…us, …. N…, l. 1. p. 6. Malmsb. Mat-Paris, Mat. Weſtm. wigorn. Sim. Dunelm. Radul, de Di…eto, Hoveden, B…, K…ghton, …gd…n, Mat. Parker, …, & … o… in … of S…gand, and …, Chron▪ will. …. 1792.of the Realm at Weſtminſter; He receiving the Crown from the hands of Aldred Archbiſhop of York, refuſing to be crowned by Stigand Archbiſhop of Canterbury, by reaſon of the many evils and horrible crimes reported of him, and becauſe he had unlawfully invaded that See, during the life of Robert, for which he was ſuſpended by the Pope: ne maledictionem videretur induere pro benedictione, as moſt of our Hiſtorians accord: though the rrChron. Io. Bromton, c…l. 962.Chronicle of Bromton, and ssMat. Parker, …. Eccleſ. B…. p. 89, 90.Mat. Parker aſſert, that Stigand peremptorily re…uſed to crown him, being a man of bloud, and an invader of anothers right. Cumque Willielmus Dux Normanniae, Conqueſtor Angliae Tyranni nomen exhorreſceret, et nomen Legitimi Principis induere vellet, à Stigando Cantuarienſi Archiepiſcopo in regno peti…t conſecrari. Ille vero, ut quidam dicunt, cruenti viro, et alieni Iuris invaſori, manus imponere formidans nullatenus adquievit. Unde licet ipſe Willielmus eundem. Stigandum ut noverat multis modis blandè honoravit, ipſum tamen nunquam cordialiter amavit.

ttChronica T…ll. Thorne, col. 1786.Thomas Sprot, William Thorne, and out of them uuAntiq. Ec…eſ. …. p. 89, 90.Matthew Parker, xxPerambu…ation of Kent.Mr. Lambard, yyBritannia, p. 325.Mr. Cambden, zzCatalogue of …iſhops. p. 28,Godwin, Stow, and aaHis…ory, p 437, 438. … H…yward in VVill. the 1.Speed record this Story, which none of our other antient Hiſtorians mention, That after Duke William had ſlain Harold, and the City of London with the generality of England had ſubmitted to his power, being ſtruck with the fear and terror of Harolds death, and the Engliſhmens great ſlaughter) except Kent alone; William marched with his forces towards Dover Caſtle, (the lock and key of the Realm) the better to command the Seas, and awe the Kentiſhmen, to ſubject it, and the other parts of the County to his power. Archbiſhop Stigand then lylying p. 372cloſe in that County, either to renew the warr, or to obtain more honourable and juſt conditions of ſubjection for his Kentiſhmen than any others, effected for his Kentiſh people that which none in his Country did beſides. For perſwading all his Kentiſh men to keep at home, and not ſtirr out of their confines, when he heard of Williams approach, adviſing with Egleſine Abbot of St. Auguſtinet (they two being the chiefeſt Lords and Governours of Kent) and the principal men of Kent; they conſidered, that the whole Realm was in a very ſad and ill condition; for whereas before the comming of the ſaid William, none of the Engliſh was a Servant, that now all indifferently, as well Noble as Ignoble, were ſubjected to the perpetual Servitude of the Normans. And out of the dangers of their neighbours, aſſuming matter for their own and their Counties preſervation, they aſſembled all the Commons of Kent to Canterbury; where they repreſented to them, the imminent dangers of the Country, the miſery of their neighbours, the inſolency of the Normans, and the calamity of a ſervile condition; all which now were too apparently ſeen. The Engliſh till then were frée-born, and the name of bondage Propoſit. 3, 5.never heard among them, and they amongſt the reſt; but now nothing but ſervitude attended them, in caſe they unworthily yielded (as others had done) to the inſolency of this griping Enemy. Whereupon by common advice, all the people decreed and declared to meet Duke William, et cum eo pro Patriis Legibus certare; and to fight with him for the Lawes of their Country; chuſing rather to end an unhappy life by fighting for them in the field, than to undergoe the unaccuſtomed yoak of bondage, or to be reduced from their accuſtomed liberty to an unknown and unſure Slavery. The Archbiſhop and Abbot chuſing rather to die in battel, than to behold the miſeries of their Nation, after the example of the holy Maccabees, became the Captains of the Kentiſh Army, reſolving to die in defence of their p. 373Country and Laws, whereupon they all reſolved to meet together at Swanſcomb (two miles from Graveſend) at a ſet time. Where aſſembling accordingly, they ſecretly kept together in the woods, watching the Dukes approach, all joyntly agreeing to block up his paſſage on all ſides, and to ſurround the Duke and his Army on a ſudden, that they might not eſcape them, every one of the Horſe and Footmen carrying a green bough in his hand, that they might not be diſcovered, and wherewith, if need were, they might impeach and hedge up the Normans paſſage. The Duke marching the next day through the fields near Swanſcomb, the whole multitude of the Kentiſhmen, like a moveable wood, ſurrounded him, approaching nearer and nearer to him with a ſoft pace. Which …tagem ſo daunted the Duke, even with the very ſight of their approach, (who being, as he thought, free from all Enemies, was now ſuddenly beſet on all ſides with theſe moving woods) that he knew not but all the other vaſt woods he ſaw, might be of the like nature; neither had he time to avoid the danger. The Kentiſhmen having thus encloſed him round about, caſting down their boughs, bended their bowes, drew out their ſwords, ſhaked their pikes, held forth their other arms, diſplayed their banners, and ſounded their trumpets in token of battel. The Duke and his Army being herewith aſtoniſhed, (though ſo puffed up with their former late victory, that they had even now, to their ſeeming, the whole Realm of England in their hand) were ſo extraordinarily terrified herewith, that they ſtood in danger not only of the loſſe of the Victory and Army, but he even of his own life. Whereupon he deſired a parley with the Kentiſh before the battel was joyned. Upon this Stigand and Egelſine, their Generals, were ſent Embaſſadors to the Duke, on the behalf of the reſt, who ſpake thus to him in their Kentiſhmens names.

Moſt Noble Duke, behold the people of Kent, are p. 374come forth to meet thee as thy friends, and are ready to receive and obey thee as their L…ege Lord, if thou ſhalt grant their moſt juſt requeſts, demanding only ſuch things as make for peace, and ſuch as only tend to retain the Liberty received from their Anceſtors, and preſerve the Laws and Cuſtoms of their Country. Neither will they be reduced under Bondage never yet felt by them, nor tolerate any new Lawes; For they can bear Royal Authority, but not Lordly Tyranny. Wherefore receive the Kentiſhmen, not as thy Servants, but as thy loyal, loving and affectionate Subjects. Yet upon this condition, That all the People of Kent may for ever enjoy their antient Liberty, without diminution, and uſe the Laws and Liberties of their Country. But if thou endeavoureſt to take away their Liberty, and the Immunity of their Laws, thou ſhalt likewiſe take away their Lives together with them: they being all ready at preſent to give thee and thine battel, and to try the uncertain chance of Warr; Being fully reſolved rather to die in the field, than in any ſort to depart with their Countries Laws and Cuſtoms, or to live under ſtrange Laws or ſervile Bondage; the name and nature whereof is and ever ſhall be ſtrange unto us. For although the rest of the Engliſh can ſubmit themſelves to Slavery, yet Liberty is the proper badge of Kentiſh men.

The Duke aſtoniſhed with this Oration and his new troubles, with a perplexed troubled mind, adviſed hereupon with his Counſellors; and wiſely conſidering, that the event of the battel would be very doubtfull, that if he ſhould depart without accompliſhing his deſigne, or if he ſhould ſuffer any repulſe or inconvenience from this warlike people, that it would not onelyonly redound to his great infamy, but that it would endanger the loſs of his new-acquired kingdom; undo what ever he had hitherto effected, and turn all his hopes and ſecurity into danger, if he ſhould not joyne Kent, the p. 375key of the whole Realm to the reſt of the Kingdom, and retain it more by friendſhip and compact, (thus offered to him) than by force. And conſidering likewiſe that their demands were not unreaſonable; he thereupon, not ſo willingly as wiſely, rather out of neceſſity, than voluntarily, granted to the Kentiſh men, that they ſhould live freely according to their antient Laws and Cuſtomes. Whereupon there being a League made between William and the Kentiſhmen, and Hoſtages given on both ſides for performance of it, they thereupon laid down their arms, and the joyful Kentiſh men conducted the joyous Normans to Rocheſter, where they reſigned up to Duke William both the County of Kent, and noble Caſtle of Dover. And thus the antient Liberty, Laws, Uſage, and Cuſtom of the Engliſh (called Gavelkind in the municipal Engliſh Laws) which was frequently and equally uſed throughout the whole Realm of England, before the comming of Duke William, afterward taken from others, continued more inviolable even till theſe our dayes in Kent alone, by the induſtry, courage, interceſſion and earneſt vehemency of Stigand and Egelſine. Which thing is ſufficiently proved out of antient Writings concerning the cuſtoms of Kent, wherein it is thus recorded, Dicit Comitatus, quod in Comitatu iſto de jure debet de ejuſmodi gravamine eſſe liber; quia dicit, quod …m…tatus iſte, ut reſiduum Angliae nunquam fuit Conqueſtus, ſed per pacem factam ſe reddidit Conqueſtio…is domina…ioni Salvis ſibi omnibus Libertatibus ſuis, et liberis conſuetudibus primo habitis et uſitatis. And from this valour and proweſſe of the Kentiſhmen in ſtanding thus manfully for the Laws, Cuſtoms and Liberties of their Country both againſt Duke William, and the Danes before him, when as the other Engliſh baſely ſubmitted their necks to their Vaſſalage, they bbCamb… Britannia, p. 324. Ioha Salisbury in his Polycraticon,firſt obtained, and for many years after claimed, enjoyed this ſpecial priviledge, That in all Armies and Battaliaes of the Engliſh, they p. 376had the honour of the Van, and foreward, and were worthily placed in the front, in all conflicts with the Enemy; they above all other Engliſhmen, retaining ſtill the badges of their antieut worthineſſe and Liberty.

Duke William having thus rather reconciled, than ſubdued Kent to himſelf (of which he was moſt careful, becauſe therin were the moſt commodious Ports for any to paſs into or out of the Realm) haſted to London to his Coronation; (which Matthew Parker, Godwin, and others, make ſubſequent to his Agreement with the Kentiſh men, though Speed erroneouſly makes it precedent) where he conceived ſo profound a diſpleaſure againſt Archbiſhop Stigand, for his forecited Speech and Stratagem to preſerve the Liberties, Laws and Cuſtoms of his Kentiſhmen, that he would not ſuffer him to Crown him, according to the duty of his place, though he alleged other reaſons for it, and never ceaſed his rancor towards him, till he had revenged it; ccMat. Paris, Mat. Weſm. VVigornicaſis, …ind…, Hoveden, Malmsb. De Geſtis Reg. & de Vitis Pontificum in Stigando, Sim. Dunelmenſis, Bromton, … den, Ch… VVill. T…, col. 1787. …en. de Knyghton, de Eventibus Angliae, l. 2. c. 8. Matthew Parker, and Godwin in his life. Sir Iohn Hayward in VVill. 1. Propoſit. 1, 2, 4, …,firſt by carrying him over with him into Normandy ſoon after in the nature of a priſoner at large, under a pretext of honour: Next, by depriving him of his Archbiſhoprick, upon his return from thence; And finally, by ſhutting him up preſently after a Priſoner in Wincheſter Caſtle, where he had ſcarce enough allowed him to keep life and ſoul together, and ſoon after there died of grief or famine.

When Duke William was crowned at Weſtminſter by Archbiſhop Aldred, before he …et the Crown upon his head, he cauſed him before the altar of St. Peter in Weſtminſter, to promiſe upon Oath in the preſence of the Clergy, Nobles and people, Se velle Sanctas Dei Eccleſias, a… Rectores earum d…fendere; necnon & cunctum populum ſibi ſubjectum Iuſte & regali Providentiae regere; Rectam Legem ſtatuere et tenere: Rapinas in…uſtaque judicia penitas interdicere: as Florentius Wigornienſis, Simeon Dunelmenſis, Roger de Hoveden, and Radulphus de Diceto, record his Oath: Which the Chronicle of Bromton, col. 962. thus expreſſeth. Ipſum p. 377Regem Willielmum ad Jura Eccleſiae Anglicanae …uendae et confirmanda, populumque ſuum recte regendum et leges rectas ſtatuendum Secramento ſolemniter aſtrixit. Which John Speed thus renders in Engliſh, At his Coronation he took a corporal Oath, before the High Altar, according to the accuſtomed form. To defend the holy Church of God and the Rectors of the ſame. To govern the univerſal people ſubject to him juſtly; to eſtabliſh equal Laws, and to ſée them duly executed as became a good King. After which Oath taken, the Biſhops and Barons of the Realm there publikely made him homage, and took an Oath to him, to be his trueand loyal Subjects. Thus (writes ddFlores Hiſt▪ p. 440.Matthew Weſtminſter,) the Kingdom of the Engliſh was tranſlated to the Dominion of the Normans by the moſt orderly diſpoſition of God, who diſpoſeth and diſſipateth Kingdoms, and diſappointing the Councils of Princes, gives them to whom he will, and ſo long as he pleaſeth, neither is there any that can ſay, why d…ſt thou thus?

What the chief Sins of the Engliſhmen then were▪ which brought them under the Norman yoak, I have mentioned in part; take this addition to them, out of the Chronicle of Bromton, col. 961, 962. Cur autem tanto furore Dei Juſti…a in Anglos exarſit, cauſa, ut creditur haec est. In primitiva Angliae Eccleſia Religio clariſſi… ſplenduit, &c. Proceſſu vero temporis adeo omnis virtus in eis emarcuit, ut gentem nullam in proditione et nequitia ſibi parem eſſe permitterent. Immiſit ergo Dominus omnipotens, velut examina apum, Gentes crudeliſſimas, quae ab initio Ethelwolfi Regis, uſque adventum Normannorum per CCXXX. annos Terram jugiter, protriverunt, et potiſsimum Normanni, quando omnes fere Angli (ut inferius aliqualiter patebit) in ſervitutem ſunt redacti, et approbrium erat Anglicus appellari: To whom I ſhall ſubjoyn this paſſage of eeDe Geſtis Regum, l. 3. p. 101, 102.William of Malmsbury more fully ſetting out the Sins and Vices of the generality of the Engliſh in that p. 378age, which brought Gods judgements on them, and enſlaved them to the Normans by one ſingle battel. Illa fuit dies fatalis Anglis funeſtum, excidium dulcis patriae, pro novorum dominorum commutatione. Jam enim pridem moribus Anglorum inſueverat, qui varii admodum pro temporibus fuere. Nam primis adven…us ſui annis vultu & geſtu barbarico, uſu bellico, ritu fanatico vivebant: Sed poſtmodum Chriſti fide ſuſcepta, paulatim & per incrementa temporis, pro ocio quod actitabant exercitium armorum in ſecundis ponentes, omnem in religione operam inſumpſere. Taceo de pauperibus quos fortunae tenuitas plerumque continet, …e cancellos juſtitiae tranſgrediantur: praetermitto graduum Eccleſiaſticorum viros, quos nonnunquam profeſſion is contuitus, ſed & infamiae metus à v…ro deviar… non ſinit. De Regibus dico, qui pro amplitudine ſuae poteſtatis licenter indulgere voluntatibus poſſent: quorum quidam in patria, quidam Romae, mutato habitu coeleste luc rati ſunt regnum, beat…m nacti c…mmerci…m. Multi ſpecie tenus tota vita mundum amplexi, ut theſauros egenis effunderent, Monaſteriis dividerent. Quid dicam de to… Epiſcopis, Hermit is, Abbatibus: nonne tota Inſula indigenarum tant is reliqui is fulgurat, ut vix aliquem vicum inſignem praetereas, ubi novi Sancti nomen non audias? quam multorum etiam periit memeria, pro ſcriptorum inopia. Veruntamen literarum et religionis ſtudia aetate procedente abſoleverunt, non paucis ante adventum Normannorum annis. Clerici literatura tumultuaria contenti, vix Sacramentorum verba balbutitbant: ſtupori et miraculo erat caeteris, qui grammaticam noſcet. Monachi ſubtilibus indument is et indifferenti genere ciborum regulam ludificabant. Optimates gulae & venerii dediti Eccleſiam more chriſtiano mane non adibant, ſed in cubiculo, et inter uxorios amplexus, matutinorum ſolemnia et Miſſarum a feſtinante presbytero auribus tantum libabant. Vulgus in medio expoſitum, praeda erat potentioribus, ut vel eorum ſubstantiis exhauſt is, vel etiam corporibus in longinquas p. 379terras diſtractis acervos the ſaurorum congererent, quamvis magis ingenitum ſit illi genti commeſſationibus, quam operibus inhiare. Illud erat a natura abhorrens, quod multi ancillas ſuas ex ſe gravidas, ubi libidini ſatisfeciſſent, aut ad publicum proſtibulum, aut ad aeternum obſequium vendicabant. Potaba…nr in commune ab omnibus, in hoc ſtudio noctes perinde ut dies perpetuantibus, parvis & abjectis domibus totos ſumptus abſumebant: Francis & Normannis abſimiles, qui amplis & ſuperbis aedificiis modicas expenſas agunt. Sequebantur vitia ebrietatis ſo…ia, quae virorum animos effaeminant. Hinc factum eſt, ut magis temerit…te et furore praecipiti, quam ſcientia militari Willielmo congreſſi, uno praelio, & ipſo perfacili, ſervituti ſe patriam que pe ſſundederint. Ad ſummam, tunc er ant Angli veſtibus ad medium genu expediti, crines tonfi, barbas raſi, arm…llis aureis brachia onerati, picturatis ſtigmatibus, …u…em inſigniti: in cibis urgentes crapulum, in potibus irritantes vomic…. Et haec quidē extrema victoribus ſuis participarunt, de caeter is in corum mores tranſeuntes. Sed haec mala de omnibus generaliter Anglis dicta intelligi nolim. Scio clericos multos tunc tempor is ſimplici via ſemitam ſanctitatis triviſſe; Scio multos Laicos omnis generis & conditionis in hae eadem gente Deo placuiſſe: faeceſſat ab hac relatione invidia, non cunctos pariter hac inv…lvat calumnia. Verum ſicut in tranquillit ate malos cum bonis fovet plaerumque Dei ſerenitas, ita in captivitate bones cum malis nonnunquam ejuſdem conſtringit ſeverit as.

I have inſiſted more largely upon the Hiſtorical part of Harolds uſurpation, perjury, ſhort and troubleſom reign, tragical death, Duke Williams claims to, and manner of acquiring the Crown of England, for this reaſon eſpecially; To refute the common received Error of ſome ignorant Hiſtorians, of many illiterate Statiſts and Swordmen of this age, and of ſundry temporizing Ignoramuſſes of my own robe; who publickly averr in their Pamphlets, Speeches, Charges, and Diſcourſes; that Duke William claimed and obtained the p. 380Crown of England only as a Conqueror; and thereupon altered the antient Laws, Customs of the Realm, and gave New Laws unto it by his own abſolute power, as a Conqueror thereof. Upon which falſe Ground they inferre; That thoſe in late and preſent Power, coming in by the ſame Title of Conquest, may lawfully give new Laws to, & impoſe what Taxes, Government they pleaſe upon the Engliſh (as well as Scotiſh and Iriſh) as a meer conquered Nation, by their own inherent authority; ſeeing by the **See Grotius, De Iure Bell, l. 3. c. 4, 5, 6, 7, 15.Laws of Warr, regularly all Rights and Laws of the place and Nation conquered be wholly ſubject to the Conquerors will. And hereby they juſtifie all their late Impoſitions, Taxes, Exciſes, Sequeſtration, Seiſures, Sales of all the publike revenues of the Nation, and many thouſand private mens Eſtates, by their Weſtminſter, and White-Hall Ordinances, Edicts, with the changes of our Government, new-modellings of our Parliaments; and all other irregular proceedings, deſtructive to our Fundamental Rights, Laws, Liberties, Government, (which they formerly covenanted inviolably to maintain) without grant or conſent, by any free, full, lawfull Engliſh Parliaments. Now to demoliſh all theſe their ſuperſtructures, by ſubverting their falſe Foundation of D. Williams pretended Title to the Crown of England only by Conqueſt; It is moſt apparent by the premiſed Hiſtorical Authorities.

1. That King William alwayes claimed the Crown of England, both before, at, and after his Coronation, as of right belonging to him, by the promiſe, gift, contract, gift and bequeſt of Edward the Confeſſor, and as his heir and next kinſman by the Mothers ſide.

2. That he alleged, this gift and grant of the Crown to him, to be made with the conſent of the Archbiſhops of Canterbury, Earls Godwin, Syward, and other Nobles of the Realm; ratified by ſpecial Meſſengers ſent unto, and Hoſtages delivered him for its performance, and by Harolds own ſolemn agreement and Oath, ſent p. 381to him by King Edward for that purpoſe, as himſelf at leaſt ſuggeſted to him: which deſignation and grant of King Edward to William, was no fiction; but a truth confeſſed by all our Hiſtorians, and Harold himſelf, who by his anſwers never denyed, but only endeavoured to evade it, and voluntarily acknowledged by all the Nobles of England, both at his Coronation, and in Parliament it ſelf in the 4. year of his reign.

3. That after King Edwards deceaſe, divers of the Nobles would have elected William King, in purſuance hereof, but that Harold perjuriouſly uſurped the Crown by meer force and power, without the leaſt right unto it, or any election by the Lords or people; ſetting the Crown on his own head the very day King Edward was interred, and thereby prevented Williams election to it.

4. That hereupon divers of the Nobles, Prelates, and other Engliſh, ſent private Meſſengers to William into Normandy to come and demand his right to the Crown, as due unto him; promiſing hoſtages and their aſſiſtance to recover it.

5. That thereupon he ſent Embaſſadors twice or thrice to Harold, one after another, before his landing, inſiſting on his meer right and Title to the Crown, to gain it by parly without effuſion of bloud.

6. That upon Harolds obſtinacy, he appealed to the Pope, and to all his Nobles aſſembled in a Parliamentary Council, for the juſtice of his Title and Right to the Crown, who declared his Title Lawfull and Juſt; and thereupon encouraged, aſſiſted him all they could to regain it by force of arms from the Uſurper Harold, who would not otherwiſe depart from it.

7. That immediately after his landing he made claim unto it only by the foreſaid Right, Title, and thereupon prohibited his Souldiers to plunder the Country or hurt any of the Inhabitants, as being his by right.

8. That very few of the Engliſh Nobility or Nation, p. 382would march or engage with Harold, againſt William, and ſundry withdrew themſelves from the battel, as conſcious of Harolds uſurpation, perjury, and Williams juſt cauſe againſt him, (however other cauſes were then pretended) and amongſt the reſt, his own Brother-inlaws, the greateſt Peers of the Realm, Earl Morcar and Edwin, deſerted him in the fight.

9. That after the firſt battel won and Harold ſlain, all the Prelates and Clergy generally (except Abbot Frederick) appeared for him, and would not conſent to ſet up Edgar, though right heir.

10. That after good deliberation, all the Nobles, Prelates, Londoners, and others who firſt appeared for Edgar, with the greateſt part of the Clergy, people of the Engliſh Nation, without the leaſt fight or reſiſtance, or before any ſiege or ſummons from him, together with Prince Edgar himſelf, voluntarily went out, and ſubmitted themſelves, ſware faith and allegeance to him as their Soveraign, at Berkhamſted, and after that joyfully received him with higheſt acclamations as their lawfull King, at his entry into London.

11. That all the Prelates, Clergy and Nobility ſoon after, without any coercion, upon his foreſaid right and Title, freely elected, and ſolemnly crowned him as their lawfull King, in a due and accuſtomed manner, and then did Homage, and ſwore new Allegiance afreſh unto him, as their rightful Soveraign.

12. That he took the Ordinary Coronation Oath of all lawfull Kings; to mainitan and defend the rights, perſons of all his people, to govern them juſtly, &c. as became a good King; which a King claiming by meer conqueſt, would never do.

All theſe particulars are undeniable Evidences, that Duke William never made the leaſt pretence, claim, or title to the Crown and Realm of England, only as an abſolute Conqueror of the Nation, but meerly by Title, as their true and lawfull King, by deſignation, adoption, p. 383and cognation, ſeconded with the Nobles, Prelates, Clergy, and peoples unanimous election: And although it be true, that this Duke ejected Harold and got actual poſſeſſion of the Throne and Kingdom from him by the ſword, as did Aurelius Ambroſius and others before, and King Henry the 4. Edward the 4. Henry the 7. with others ſince his reign; yet that neither did, nor could make him, a King by conqueſt only, no more than theſe other Princes, ſeeing the end of this warr was not againſt the whole Engliſh Nation, the greateſt part whereof ſecretly abbetted his intereſt; but only againſt the unjuſt Uſurper and Intruder King Harold, and his adherents; not to create a Title to the Realm, by his and their Conqueſt, but to remove a Uſurper, who invaded it without and againſt all right, and to gain the actual poſſeſſion thereof by arms, from which he was unjuſtly withheld by force, againſt thoſe pretended lawfull Titles which he made. So that he got not the Right, Title, but only the actual poſſeſſion of the Crown by his Sword, not as a univerſal Conqueror of the Realm without right or Title, but as if he had been immediate heir, and lawfull Succeſſour to the Confeſſor, who deſigned him to ſucceed him. For fuller confirmation whereof, I ſhall here ſubjoin theſe enſuing proofs.

1. King William himſelf at his very Coronation in …annia in …ſh, p. 145.London (as Mr Cambden informs us) ſaid; That the kingdom was by Gods providence appointed, and by vertue of a gift from his Lord and Coſen King Edward the glorious, granted unto him; and that this moſt bounteous King Edward had by adoption ordained him his heir in the kingdom of England.

2ly, In his ffIn Inſp… par. 7. 1 E. 4. membr. 26. Mr. Seldens Review of his Hiſtory of Tithes, p. 483.Charter to the Church of Weſtminſtor, he reſolves as much in direct terms, where he recites, In ore gladii Regnum adeptus ſum Anglorum, d…vict… Haroldo rege Cumſuis complicibus, qui mihi Regnum cum providentia Dei deſtinatum, & beneficio p. 384conceſſionis Domini & Cognati mei, glorioſi Edwardi CONCESSUM, conati ſunt auferre, &c. So that his Title was from Edward, though his poſſeſſion by the ſword.

3ly. In the very ggSpelmanni Concil. p. 619.Title of his Laws, (publiſhed in the 4th year of his reign, (which he was ſo far from altering, that he both by Oath and Act of Parliament, ratified, confirmed all the Laws and Cuſtoms of the * Hoveden, p. 601.Realm uſed in the Confeſſors time and before, preſented by a Grand Enqueſt unto him out of every County of England upon Oath, without any alteration, praevarication, or diminution) he ſtiles himſelf, (or is ſtiled by the Collector of theſe Laws) HEIR AND COSEN TO Edward the Confeſſor, even in the ancient Manuſcript which Sir Henry Spelman hath publiſhed Incipiunt Leges S. Edwardi Regis, quas in Anglia tenuit; & quas WILLIELMUS HAERES & cognatus ſuus POSTEA CONFIRMAVIT. To which I ſhall likewiſe ſubjoyn the words of the Charter of his Sonn hhI. Seld…ni ad Eadmerum Not…, p. 211.King Henry the 1, Anno 1108. tranſlating the Abbey of Ely into a Biſhoprick, wherein he gives his Father William the ſelf-ſame Title. Ego Henricus providente divina clementia Rex Anglorum & Normannorum Dux, Willielmi magni Regis filius, QUI EDWARDO REGI HAEREDITARIO JURE SUCCESCIT IN REGNUM: renouncing all Title by conqueſt, and claiming only as Heir to King Edward by Hereditary right.

4ly. Earl William himſelf in none of his Charters, Writs, Speeches, Writings, ever ſtiled himſelf a Conquerour of England, nor laid claim to the Crown and Realm of England by Conqueſt, after his inauguration; which Title of Conqueror was afterwards (out of the flattery or ignorance of the times) given unto him by others. Therefore the words which the iiCambdens Britannia, p. 145. Speeds Hiſtory, p. 448, 449.Hiſtory of St. Stephens in Caen in Normandy, reports he uſed at his laſt breath: The Regal Diaden… which none of my Predeceſſers ever wore, I got and gained by the Grace of God p. 385only. I ordain no man heir of the Kingdom of England, (which all our Hiſtorians unanimouſly contradict, affirming, that he ordained VVilliam Rufus his ſecond ſon particularly to ſucceed him in it, at his death, upon which Title only he enjoyed it) but I commend the ſame to the eternal Creator, whoſe I am, in whoſe hands are all things. For I became not poſſeſſor of ſo great honour by any hereditary right, but by an humble conflict, and with much effuſion of blood I took it from the perjured King Harold, and after I had either ſlain or put to flight his favourits and Servants, I ſubdued the kingdom to my ſelf, muſt either be reputed falſe and fabulous, as moſt eſteem them; or elſe have this conſtruction, that he gained the actuall poſſeſſion of it againſt Harold, and his adherents only by the Sword, and that he had not an hereditary right thereto, as next heir by deſcent to the Crown, but only by adoption from, and as heir by donation to King Edward; as next of kin by the Mothers ſide; which he made his only Title.

5ly. Thoſe antient Engliſh Hiſtorians, who firſt gave him the name of Conquerour, did it not in a ſtrict proper ſence, as if he were a meer univerſal Conquerour of the Nation, diſpoſing of all mens Eſtates, perſons, and the Laws of the Realm at his pleaſure, for that he never did: but only as one who gained the actual poſſeſſion thereof from a perjured Uſurper and his forces by ſtrength of arms, conquering them by open battel in the field; but ſtill claiming it by gift, contract, and deſignation from King Edward, as his Kinſman; as an heir who forcibly outs a diſ…eiſor and intruder, comes in by Title and Inheritance only, though he gains the poſſeſſion by force. This is evident by the forecited words of kkHere p. 34.Mathew Paris, and this paſſage of Henry de Knyghton (not extant in Hygden, [l] De Event. Angl, l. 2. c. 2. col. 2343.out of whom he ſeems to tanſcribe it.) Et ſic quia Normannus Iure haereditatis tenuit Normanniae Ducatum, ideo Dux, Regnum vero Angliae mero Conqueſtu duplicate page p. 384duplicate page p. 385p. 386(in reſpect of actual poſſeſſion) et clameo ſubſcripto, (in reſpect of Title, & by claim by gift from King Edward) Ideo Rex: which claim and Title being backed by the unanimous election of the Prelates, Clergy, Nobility, People, and right heir to the Crown himſelf, (who all ſubmitted and ſware homage, fealty, and allegiance to him as their lawfull King infallibly demonſtrate him to be no Conquerour in reſpect of Title, in a ſtrict, legal military ſenſe, even in the judgement of thoſe antient and modern Hiſtorians, who give him that Title, but only in regard of Harold and his party, and the actual poſſeſſion which he got by conqueſt. And in this ſenſe alone is that Diſtick in the mmCol. 962.Chronicle of Bromton to be underſtood.

Dux Normannorum Willielmus vi validorum

Rex eſt Anglorum, Bello Conqueſtor eorum.

6ly. Our Great Antiquary Richard Veſtegan in his Reſtitutions of decayed Antiquities, learned Mr. John Selden in his Review of the Hiſt. of Tithes p. 482, 483. Sir John Hayward in the life of King VVilliam the firſt Mr. Nathaniel Bacon, in his first part of his Hiſtorical Diſcourſe, of the uniformity of the Government of England, chap. 44, 45, 46, 55, 56. (to omit others) moſt fully prove and aſſert; That the entry of William the firſt into the royal Government of England, neither was nor properly could be by Conqueſt, but by Title, and by the free election of the Nobles, Clergy, and People. That although the ſeveral Titles he Pretended were perhaps, if curiouſly examined, not ſufficient to give him a true, legal Title and Right to the Crown of England, à parte ante, becauſe not agreed unto and confirmed by the general conſent of the Nobles, Kingdom, and Nation in a Parliamentary Great Council; but only by the King, and ſome particular Prelates and Nobles out of Parliament (as Harold in his anſwers alleged) yet being ratified, exparte p. 387poſt, both by the ſubſequent conſent, agreement, ſubmiſſion, election, Oath, homage, and fealty of all the people, Nobles, Clergy, by their legal free crowning of him at firſt, by Edgar Atheling his own ſubmiſsion ſealty and reſignation of his royal right and Title thereby unto him, and ratified by ſucceeding Parliamentary Councils, it became an indubitable Right and Title, both in Law and Juſtice, to him and his Poſterity, againſt all others, who could lay no legaller Title thereunto: he continuing, confirming all the antient fundamental Laws, Liberties, Customs, and Government of the Engliſh Nation, without any alteration, both by Oaths and Edicts. I ſhal therefore conclude this point with the words of nnIn…nere Temps. E. 3. ſ. 143. Mr. Seldens Review p. 483.Shard (a learned Lawyer in King Edward the third his reign;) who when the Kings Counſel in a Quo Warranto againſt the Abbot of Peterborough, would have made a Charter of king Edgar void, becauſe they alleged, all Franchiſes were devolved to the Crown by the Conqueſt; replyed thereto, The Conquerour came not at all to put any who had lawfull poſſeſſion out of their rights; but to diſpoſſeſs thoſe who by their wrong had ſeiſed upon any land in diſ-inheriſon of the King and his Crown, And with the words of our judicious Hiſtorian Sa. Daniel ooIn the li…e of Willam the firſt, p. 36, 37.concerning this king VVilliam. Neither did he ever claim any power by conqueſt, but as a regular Prince ſubmitted himſelf to the orders of the Kingdom: deſiring to have his Teſtamentary Title, (howſoever weak) to make good his ſucceſſion rather than his ſword. And though the ſtile of Conqueror, by the ſlattery of the time was after given him, he ſhewed by all the courſe of his Government he aſſumed it not: introducing none of thoſe Al…erations (which followed by violence, but by a mild gathering upon the dispoſition of the State, and the occaſions offered; and that by way of reformation.

And although **Reliquiae …, p. 149, 150, 152, 153.Sir Hen. VVotton gives this verdict of them. VVe do commonly and juſtly ſtile him the Conquerour: For he made a general conqueſt of … p. 388Kingdom and People, either by Compoſition or Armes, &c. Yet he addes, He was Crowned on Chriſtmas day, 1066. at which time he would fain have compounded a Civil Title of, I know not what Alliance or Adoption, or rather Donation from Edward the Confeſſor. As if hereditarie kingdoms did paſs like Newyears gifts. The truth is, he was the heir of his Sword. Yet from theſe pretences howſoever, there ſprang this good, That he was thereby in a ſorting aged to caſt his Government into a middle or mixed nature, as it were, between a lawfull ſucceſſor, and an Invader: though generally (as all new Empires do ſavour much of their beginning) it had more of the Violent than of the Legal.

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

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

1. That no Tax, Subſidie, or Impoſition whatſoever could in that age be impoſed on the Engliſh or Norman p. 389Propoſit. 1.Subjects by their Kings or Dukes, but by their common conſent, in their Parliamentary Councils; where they were denied, when inconvenient to the publike; as well as granted, when convenient.Propoſit. 3.

2. That no Engliſh or Norman Subjects were then obliged to aid and aſſiſt their Soveraigns, with their perſons, arms, eſtates, or ſubſidies granted, in any foreign invaſive war, but only left free to contribute what private aſſiſtance they thought fit in ſuch caſes.

3. That no publike wars in that age were ever undertaken, Propoſit. 9.but by common advice and conſent in great Parliamentary Councils.

4. That the Kings of England in that age, however Propoſit. 1, 2, 4▪they came to the Crown, by right or wrong, held it both their bounden duty, intereſt, ſafety, to defend and preſerve the Laws, Rights, Liberties of the Church and people; to enact and maintain good Laws, and aboliſh all evill Laws, Rapines, Exactions, Tributes, and to govern them juſtly, according to their Coronation Oaths, and not arbitrarily or tyrannically according to their pleaſures.

5. That no Freemen in that age, could be juſtly impriſoned, Propoſit. ….baniſhed, or put to death, but for ſome hainous miſdemeanors, and that by a legal trial and conviction.

6. That the Subjects of England then held it their Propoſt. 3, 8▪bounden duties, in times of forein invaſion, to defend the Realm, their Lives, Liberties, Properties both by Land and Sea againſt forein Enemies; yet they held themſelves diſ-obliged, and were generally averſe to defend the perſon or Title of any Uſurper of the Crown, againſt any forein Prince, or other Perſon, who had a better right and title to it.

7. That our Engliſh Anceſtors in that age, eſteemed their hereditary Liberties, good antient Laws and Cuſtoms, more dear and pretious to them than their very lives, and would rather die fighting for p. 390their Laws and Liberties like freemen, than live under ſlavery or bondage to any Soveraign whatſoever.

8. That the Kings of England in that age could neither Propoſit. 10.give away, nor legally diſpoſe of their Crowns, Kingdoms, or Crown Lands to others, without the privity and free conſent of their Nobles, and Kingdom in general Parliamentary Council; as is evident by Harolds anſwers to VVilliams Embaſſadours; the recited paſſage of **Here p. 340.Matthew Paris upon that occaſion, and this of Samuel Daniel, p. 34. So much was done either by King Edward or Harold, (though neither act, if any ſuch were, was of power to prejudice the State, or alter the courſe of right ſucceſsion) as gave the Duke a colour to claim the Crown by a donation made by Teſtament: which being againſt the Law and Cuſtom of the Kingdom, could be of no validity at all. For the Crown of England, being held, not as patrimonial, but in ſucceſſion by remotion (which is a ſucceeding to anothers place) it was not in the power of King Edward to collate the ſame by any dispoſitive and Teſtamentary Will, the right deſcending to the next of blood only, by the Laws and Cuſtom of the Kingdom. For the ſucceſſor is not ſaid to be the Heir of the King, but of the Kingdom which makes him ſo, and **See Rot. Parl. 39 H. 6. n. 10. to 26. 1 E. 4. n. 8, to 16.cannot be put from it by any Act of his Predeceſſors.

9. That the Nobilities, Clergies, and peoples free-Election, hath been uſually moſt endeavoured and ſought after by our Kings (eſpecially **See 1 R. 3. Rot. Parl, and Speed in his life.Intruders) as their beſt and ſureſt Title.

To theſe Legal I ſhall only ſubjoyn ſome Political and Theological Obſervations, naturally ſlowing from the premiſed Hiſtories of King Edward, Harold, and William, not unſuitable to, nor unſeaſonable for the moſt ſerious thoughts, and ſaddeſt contemplations of the preſent age, conſidering the revolutions and poſtures of our publike affairs.

1. That it is very unſafe and perillous for Princes p. 391or States to intruſt the Military and Civil power of the Realm in the hands of any one potent, ambitious, or covetous perſon: who will be apt to abuſe them to the peoples oppreſſion, the kingdoms perturbation, and his Sovereigns affront or danger; as is evident by Earl Godwin and his Sons.

2. That devout, pious, ſoft-natured Princes are apteſt to be abuſed, and their people to be oppreſſed by evil Officers.

3. That it is very dangerous and pernicious to heditary kingdoms, for their King to die without any certain, known, and declared right Heirs or Succeſſors to their Crowns, yea an occaſion of many wars and revolutions; as is evident by King Edwards death without iſſue, or declared right heir.

4. That right heirs to Crowns, who are of tender years, weak judgement, or impotent in Frien is and Purſe, are eaſily and frequently put by their rights, by bold, active, and powerfull Intruders, as Edgar Atheling was both by Haroid and William ſucceſſively. Yet this is remarkable in both theſe Invaders of his royal Right. 1. That aaSpeeds Hiſtory, Cambdens Britan. and others. Here p. 349.Harold, who firſt dethroned him, to make him ſome kind of recompence, and pleaſe the Nobles of his party, created Edgar Earl of Oxford, and held him in ſpecial favour. 2ly. That King William the firſt, (to whom bbVVigorn. Sim. Dunelm. Bromt. Hovden. An. 166. Here p. 369.he ſubmitted himſelf, and did homage and fealty) uſed him very honourably and entertained him in his Court, not only at firſt, bu… even after he had twice taken up armes againſt him ccMat. VVeſtminſter, Mat. Paris, p. 6. VVigornienſis, Huntindon, Hoveden, Simeon Dunelmenſis. Bromton, Malmsbur. Holinſh. Speed, Knyghton De Event. Angliae. l. 2, …, 3, col. 2350.joyning firſt with the Engliſh Nobilitie, then with the Danes and Scots againſt his intereſt. For Edgar coming to him into Normandy, Anno 1066. out of Scotland, where he lived ſome years, where nihil ad praeſens commodi, nihil ad futurum spei; praeter quotidianam stipem nactus eſſet: he not only pardoned his fore-paſt offences; p. 392but magno donativo donatus eſt, pluribuſque annis in Curia manens Libram Argenti quotidie in ſtipendio accipiebat, writes ddDe Geſtis Regum, l. 3. p. 103.Malmesb. receiving a great donative from him, and a pound of ſilver for a ſtipend every day, and continuing many years in his Court. After which, Anno 1089. He went into eeMalmsb. Ib. p. 103. Sim. Dunelm. de Goſtis Reg. Angl▪ col. 213. Chron. Ioh. Bromt. col. 976.Apulia to the Holy wars by King Williams licence, with 200 Souldiers, and many Ships; whence returning after the death of Robert ſon of Godwin, and the loſs of his beſt Souldiers, he received many benefits from the Emperours both of Greece and Germany, who endeavoured to retain him in their Courts for the greatneſs of his birth: but he contemning all their proffers, out of a deſire to enjoy his Native Country, returned into England, and there lived all Kings Williams reign. ffFlorent. Wigornienſis, p. 456. Simeon Dunelm. De Geſt. Reg. Anglor. col. 216, 217.In the year 1091. Wil. Rufus going into Normandy to take it by force from his brother Robert, deprived Edgar of the honour which his Brother (with whom he ſided) had conferred upon him, and baniſhed him out of Normandy▪ whereupon he went into Scotland; where by his means a peace being made between VVilliam Rufus and Malcholm king of Scots, he was again reconciled to Edgar by Earl Roberts means, & returned into England, being in ſo great favour with the king, that in the ggFlorent. VVigorn. p. 466. Sim. Dunelm. col. 223. Hoveden An. pars 1. p. 466.year 1097. He ſent him into Scotland with an Army, Ut in ea conſobrinum ſuum Eadgarum Malcholmi Regis filium, (patruo ſuo Dufenoldo, qui regnum invaſer at expulſo) Regem conſtitueret. Whence returning into England, he lived there till after the reign of king Henry the firſt, betaking himſelf in his old age to a retired life in the Country, as hhDe Geſt. Reg. l. 3. p. 103.Malmesbury thus records; Angliam rediit, ubi diverſo fortunae ludicro rotatus, nunc remotus & tacitus, canos ſuo in agro conſumit. Where moſt probably he died in peace, ſince I find no mention of his death: No leſs than 4 ſucceſſive kings, permitting this right heir to their Crowns to live both in their Courts and Kingdom of England in peace and ſecurity (ſuch was p. 393the Chriſtian Generoſity, Charity, and Piety of that age) without reputing it High Treaſon for any to relieve or converſe with him, as the Charity of ſome Saints in this Iron age would have adjudged it, had they lived in thoſe times, who have quite forgotten this Goſpel Leſſon of our Savior they then practiſed: iiMat. 5. 43, 44 45, Rom. 12, 14▪ 20, 21.Matt 5:43Matt 5:44Rom 12:14Rom 12:20Rom 12:21But I ſay unto you love your Enemies, do good to thoſe that hate you, &c. Wherefore if thine enemy hunger give him meat, if he thirst, give him drink, &c. Be not overcome of evil, but overcome evil with goodneſs.

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

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

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

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

p. 3949. That Invaders of Crowns and Soveraign power, without any right, title, or colour of Juſtice, being once in poſſeſſion, will never part with them to thoſe who have better right, upon any verbal Treaties, but rather adventure their lives, bodies, ſouls, and their whole kingdoms utter ruine, than part with their uſurped Supremacy.

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

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

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

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

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

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

p. 39516. That the reign of perjured Invaders of others Thrones, is commonly **Joh 20. 4, 5, 6. Pſal. 37, …. 35, 36.John 20:4John 20:5John 20:6Ps 37very ſhort, full of Wars, Troubles, Fears, Jealouſies, and their ends, for the moſt part, bloudy, tragical; as was Harolds, and Rich. 3.

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

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

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

20. That all ſacred Oathes and ſworn Contracts ſolemnly made to others in things lawfull or indifferent, be it through fear, or voluntarily upon premeditation, ought religiouſly and inviolably to be obſerved, and n… wilfully infringed, or eluded by ſhifts and pretences, as here, by Harold.

21. That God ſooner or later doth uſually avenge in an exemplary manner the perjurious wilfull breach of p. 396ſolemn Oathes, even in Kings themſelves and the greateſt perſons: whoſe deteſtable perjury oft brings ſudden deſtruction both upon themſelves, their kinred, Poſterity, and whole Armies and Kingdoms too; as in the caſe of Harold.

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

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

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

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

26. That ſtout reſolute real Patrons of their Native Countries Laws and Liberties, will then appear moſt cordially zealous to protect, own, and fight for them, p. 397when they are in greateſt danger to be loſt, and moſt diſowned, deſerted, betrayed by other timorous and time-ſerving perſons: witneſſe the example of Abbot Frederick, Stigand, Egelſine and the Kentiſh men.

27. That true hero…ck Engliſh Freemen, preferr their old Native Liberties, Laws, Cuſtoms before their Lives; and would rather die fighting for them in the field, than depart with them upon any Terms to a victorious Soveraign; or ſubject themſelves to the leaſt publike Servitude, the name whereof hath been ever odious to them, much more the thing it ſelf.

28. That the beſt means to preſerve our publike Laws, Liberties, Cuſtoms againſt all Invaders of them, is manfully, reſolutely, and unanimouſly to ſtand up in their defence, both by words and deeds, when they are moſt indangered: That ſuch perſons, Counties, places who have appeared moſt ſtout and reſolute in their defence, when others have generally deſerted, ſurrendered or betrayed them; have thereby preſerved, ſecured, perpetuated them to themſelves and their poſterities, when all elſe have loſt and been deprived of them; yea gained immortal honour, and precedency of all others to boot: Witneſſe the Kentiſhmen.

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

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

31. That the murdering, or diſinheriting of the right heir to the Crown, hath been the Principal occaſion and ground-work of all the great, ſad revolutions of Government p. 398in this Iſland; and of the tranſlations of the Crown and Kingdom from the **See part. 2. p. 29, to 38.Britons to the Saxons; from the Saxons to the Danes, and ſince from both of them to the Normans, by the murther of Prince Alfred, and rejection of Prince Edgars

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

33. That ppProv. 27. 24. Dan. 2. 21. …. 4. 25.Prov 27:24Dan 2:21Dan 2:4Dan 2:25Crowns and Kingdoms have their Periods and Revolutions, as well as private poſſeſſions, Families, and that by the ſecret Juſtice, and wiſe diſpoſing Providence of God; who diſpoſeth, tranſlateth, diſſipateth, diſſolveth Kingdoms at his pleaſure, and giveth them to whomſoever he pleaſeth.

34. From the whole, we may obſerve, with the qqCol. 883.Chronicle of Bromton, and rrActs and Monuments, Vol. 1. p. 148Mr. Fox, That as the Engliſh-Saxons had moſt unjuſtly, againſt their Oathes and Truſts, formerly ſubdued and expelled the Britons by the juſt judgement of God upon them for their ſins, out of the poſſeſſion of the Throne and Kingdom of Britain, by the power of the ſword: ſo God himſelf, by divine retaliation, for the like Sinnes of the Engliſh - Saxons, after many years bloudy inteſtine warrs between themſelves, (wherein many of their Kings, multitudes of their Nobles, and Millions of the Common Souldiers, and people were ſlain and loſt their lives) firſt plagued, infeſted them for many years, and at laſt totally ſubdued, and diſpoſſeſſed them of the Crown and Kingdom for ſome years ſpace by the bloudy Danes, & after that ſubjected them to the Normans yoke, who poſſeſſed themſelves of the Crown p. 399and Realm of England inſtrumentally by the Sword, and put by both the Saxon Invader Harold and his Poſterity, with Edgar the Saxon heir, in ſuch ſort as here you have read.

The Lord ſanctifie all theſe Collections and Obſervations to the greateſt publike good and ſettlement of our unſetled diſtracted Engliſh Nation, and the private benefit of all who ſhall peruſe them, that they may aim only **Heb. 12. 28 1 Pet. 14 c. 5, 4.Heb 12:28at that kingdom which cannot be ſhaken, and that Crown of glory which fadeth not away: not at temporal Crowns, and kingdoms, which are ſo fading, tranſitory, full of Thorns, Croſſes, Cares, Fears, Vexations, Tortures, Perils, Deaths.

FINIS.