Historical Vindication Part 3, Treatise · Chapter 3 (3 of 5)
xDe Genealogia Reg. Ang. col. 358.Abbot Ethelred, gives this Encomium of this Kings tranſcendent modeſty and juſtice, Rex Edwardus, vir manſuetus et pius, omnibus am abilis et affabilis, adeò omnium in ſe provocabat affectum, ut Scotti, Cumbri, Walenſes, Northumbri, et qui remanſerant Daci, eum non tàm in Dominum ac Regem, quam in Patrem eum omni devotione eligerent. Tanta dehinc Modeſtia regebat Subditos, tanta Juſtitia inter proximum et proximum judicabat, ut contra veritatem non dico nihil velle, ſed nec poſſe videretur; unde fertur quibuſdam iratus dixiſſe; dico vobis, ſi poſſem vicem vobis redidiſſem, Quid non poſſet Rex in Subditos, Dominus in Servos, Potens in infirmos, Dux in milites? Sed quicquid non dictabat aequitas, quicquid veritati repugnabat, quicquid non permittebat Juſtitia, quicquid Regiam manſuetudinem non decebat, Sibi credebat impoſſibile.
I wiſh all our modern domineering Grandees would imitate his preſidential Royal Example. Yet I read of one injurious Act done by him, yHuntingd. Hiſt. l. 5. p. 354 Hov. An. pars poſterior. p, 422. Mat. VVeſtm. VVigorn. Sim. Dunel. Anno 920. Chron. 10. Bromton col. 835.After the deceaſe of his renowned Siſter Elfleda, Queen of Mercia, Anno 920. he diſ-inherited her only Daughter Alfwen (or Elwyn▪ his own Neece) of the Dominion of all Mercia, who held that Kingdom after her Mother, ſeiſing and Garriſoning Tameſworth, and Nottingham firſt, and then diſſeiſing her of all Mercia, uniting it to his own Realms, and removing her thence into Weſt-Sex. Magis …urans an utili…èr vel in utilitèr, Quan an juſte vel injuſtè: Writes Henry Humingdon. Propoſ. 4.which innrious action, Si violanda ſit fides regni cauſâ violanda, will not excuſe.
The Chronicle of Bromton records, that King Edward as he inlarged the bounds of his Kingdom (z) Col. 831, 835, 836, 837.more than his Father; So Leges condidit, he likewiſe made Laws to govetn it: which are there regiſtred to Poſterity in two parcels, as made at ſeveral times, but in what year of his Reign this was, it informs us not, The firſt of theſe Laws, declaring his zeal to publick Juſtice, according to the Laws then in Force, is this.
Edwardus Rex mandat et praecipit omnibus Praefectis et Amicis ſuis, ut Juſta judicia judicent, quam rectiora poſſint, Et in judiciali Libro ſtant; nec parcant nec diſſimulent pro aliqua Re Populi Rectum et jus publicum recitare; et unum quodque placitum terminum habeat quando peragatur, quod tunc recitabitur.
The firſt Chapter of the ſecond part of his Laws intimates, that they were made by his Wtſe men aſſembled in a Parliamentary Council at Exeter; witneſs the contents thereof.
Edwardus Rex admonuit Omnes Sapientes quando fuerunt Exoniae, ut inveſtigarent ſimul et quaererent; Propoſit. 5.quomodo pax eo rum melior eſſe poſſit quàm anteà fuit; quia viſumeſt ei, quod hoc impletum ſit aliter quam deceret, et quam aute à praecepiſſet, Inquiſivit it aque qui ad emendationem velint redire, et in ſocietate permanere quâ ipſe ſit, et amare quod amat, et nolle quod nolit, in Mari & in Terrâ. Hoc eſt tunc, Ne Quiſquam rectum difforceat alicui. Siquis hoc faciat, emendet ſicut ſupra dictum est (In his firſt Laws then either made or rehearſed) prima vice 30 s. ſecundâ ſimilitèr, ad tertiam vicem 120 s. Regi.
The laſt Chapter, being the VIII in Bromtons tranſlation, (but the XI. in the Saxon Coppy) is this. Volo ut omnis Praepoſitus habeat Gemotum (an Hundred Court) ſemper ad quatuor hebdomadas; et efficiat ut omnis homo rectum habeat, et omne placitum capiat terminum quando perveniat ad finem; Siquis hoc excipiat, emendet, ſicut antè dictum eſt.
King Edward deceaſing, aWil. Mal. de Geſt. Reg. l. 2. c. 6. Mat. VVeſtm. VVig. An. 925 to 940, Hunting. Hist. l. 5. p. 334. Hov. Annal. pars prior, p. 422. Ing. Hist. p. 877, 878. Chron. Johan. Brom. col. 838. Sim. Dunelm. Hiſt. Reg. Ang. col. 134. to 154. Ethelw. Hiſt. l. 4. c. 5. Aelr, Abbas de Geneologia Reg. Ang. Pol. l. 6. c. 6. Henry de Knighton, de En. Ang. l. 1. c. 5. Speeds Hiſt. p. 393, 396. Fab. Holinſhed, Grafton, Caxton in his life.Aethelstan his eldeſt Anno 924.Son (deſigned by his Fathers Will to ſucceed him) was elected King at Wincheſter in the year 924. Magno Optimatum conſenſu et omnium favore; and ſolemnly Crowned at Kingſton, only one Alfred, and ſome factious ones oppoſed his election, pretending he was illegitimate and born of a Concubine, whereupon they would have ſet up his Brother Edwin being legitimate and next heir as they pretended; whom the Generality of the Nobles rejected, nondum ad regnandum propter teneros Annos Idoneo. Aethelſtan after his Coronation knowing his Brother to be born in lawfull Matrimony, and fearing Ne per ipſum quando que Regni ſolio privaretur, leſt he ſhould be ſome time or other deprived of his kingdom by him, hated him extremely; and at the ſollicitation of ſome Paraſites, whereof his Cup bearer was the chief, to be rid of him and this his fear, he cauſed young Edwin, attended only with one Page, to be put into an old broken Boat in the midſt of the Sea, without Sail, Oare, or Pilate, that ſo his death might be imputed to the waves; out off which Boat the young Prince in diſcontent caſt himſelf head-long into the Sea (or rather the Page threw him head-long over-board,) and ſo was he drowned: But the Page recovering his body, by rowing with his hands and feet, brought it to Land where it was interred. The King was hereat ſo troubed with a real (or feigned) contrition for this barbarous bloudy fact, that he did ſeven years voluntary penance for this his fratricide, Propoſ. 2.and adjudged his Cup-bearer to a cruel death, who gave him this ill advice; and to pacifie his Brothers Ghoſt and his own Conſcience, built two new Monaſteries at Middleton and Michelreſſe, and there was ſcarce any old Monaſtery in England which he adorned not either with buildings or Ornaments, or Books or Lands, to expiate this his bloody crime.
In this king Aethelſtans reign In the year 927. There were fiery Beams and Meteors ſeen throughout all the Northern parts of England; ſoon after which Athelſtan reſolved utterly to extirpate the perfidious Nation of the Danes, and treacherous Scots, which had violated their Agreement made with his Father, whereupon he marched with a great Army by Land, and Navy by Sea into Northumberland and Scotland, waſted and harrowed the Country without reſiſtance, forced Guithfrith King of Northumberland out of his kingdom, uniting it to his own Realm, vanquiſhed and overcame Howel king of Wales, Conſtantine king of Scots, Anlafe the Dane, and others in a ſet battel, drove them out of their Realms, and forced them to ſubmit to him: Who upon their ſubmiſſion, knowing the chance of war to be variable, and pitying the Caſes of theſe down-caſt Princes, reſtor'd them preſently to their former eſtates, with this Princely Speech That it was more honour to make a king, than to be a king: yet theſe petty Kings, Princes rebelling afterwards, & ſiding with Anlafe againſt him, were all rou…ed by Athelſtane, King Constantine of Scotland, with five more of theſe Kings, 12 Dukes, and moſt of their Army ſlain in one battel, principally by the valor of Turketulus, and the Londoners, An. 837: Whereupon the petty Kings of Wales, contracted to pay him a yearly tribute of 20 pound weight of Gold, and 300 of Silver, and 25000 head of Cattel, with a certain number of Hawks and Hounds, which no King of England ever exacted or received from them before.
bDe Geſt. Reg. l. 2. c. 6. p. 49.William of Malmeshury (who exceeds in his praiſes) writes, that it was truly reported of him amongſt the Engliſh, Quod nemo Legalius vel literatius rempublicam adminiſtraverit; That no king governed the Commonwealth more legally or learnedly than he, being as cIngulphi Hiſt. p. 817.Ingulphus records, guided and directed by Turketulus, his Chancellour, a man of great integrity, honesty, and piety, of prof…und judgement, whoſe decrees upon debate were irrefrag…ble. This king Athelſtan, for the better adminiſtration of Juſtice, enacted ſundry excellent, civil, and eccleſiaſtical Laws, recorded in Bromt. Lamb. & Spelm.
The firſt of theſe his Laws, were made and enacted Anno 928.in the famous dChron. Jo. Bromt. col. 840, to 856. Spelman. concil. p. 396, 397, 405, 406. Lambardi Archaion.Couneil of Grately, about the year 928, in which the king himſelf, Wulfehelm Archbiſhop of Came bury, and the reſt of the Biſhops, and all the Nobles and Wiſemen which King Ethelſtan could aſſemble, were preſent, who all ordained and confirmed theſe Laws in this great Council, as the laſt Chapter … of informs us in theſe words.
Totum hoc inſtitutum eſt et confirmatum, In Propoſit. 5. 6.magno Synodo apud Grateleyam, cui Archi piſcopus … et omnes Dptimates, et Sapientes, quos Adelſtanus Rer potuit Congregare: Or, Cum. Dptimates et Sapientes ab Aethelſtano evocati frequentiſsimi, as another Copy renders it: which proves, that all the Members of this Council were ſummoned to it by this kings writ, and not elected by the peoples ſuffrages. And although the Archbiſhops, Biſhops, and other Clergy men were the chief adviſers of the Eccleſiaſtical Laws, made in this Council, as this Prologue to them atteſts: Ego Aethelſtanus Rex ex prudenti U…fhelmae Archiepiſcopi, aliorumque Epiſcoporum et Servorum Dei conſilio mando; yet they were all enacted and confirmed by all the Nobles and Wiſemen in the Council, as the premiſes evidence. In this Council, the king commanded by his Laws, all his Officers, that they ſhould demand and exact from his Subjects ſuch things and duties only as they might juſtly and lawfully receive, adding this memorable reaſon for it; Nunquam enim erit …opoſit. 1.populo bene conſultum, nec digne Deo conſervabitur, ubt Lucrum impium et magis falſum diligitur, Ideo debent omnes amici Dei quod iniquum eſt, enervare, quod juſtum eſt elevare; non pati ut propter falſum, et pecuniae quaeſtum, ſe forisfaciant homines, ergà …ere …ap…entem Deum cui diſplicet omnis injuſtitia: Which I wiſh all our unrighteous covetous Tax-maſters, Exciſers and Exacters would now ſeriouſly conſider: After which it follows, Chriſtianis autem omnibus neceſſarium eſt, ut rectum diligant, ut iniqua condemnent, et ſaltem ſacris Ordinibus erecti juſtum ſemper erigant et prava deponant: Hinc debent Epiſcopi cum ſaeculi Judicibus intereſſe Judiciis, ne permittant, ſi poſſint, ut illinc aliqua pravitatum germina pullulaverint. And to avoid all arbitrary proceedings, oppreſſions, and Injuſtice in all things, this Council by poſitive Laws aſcertains all fines, amerciaments, impriſonments, and corporal puniſhments for criminal offences, from which the Judges might not vary. And withall defines, what Armes every man ſhould find in thoſe times of war, againſt the Danes and other Enemies by his poſitive Law, Lex 21. (Sax. 16.) Omnis homo habebit duos homines cum bonis Propoſit. 1, ….equis de omni Carucâ.
King Ethelſtane after this Council at Grately (what years is not expreſſed) aſſembled ſeveral other Parliamentary Propoſit. 5.Councils at Exeter, Fevreſham, and Thunderfeld; wherein he and his Wiſemen, by common conſent, confirmed the Laws made at Grately, altering ſome of them in certain particulars, and adding ſome new Laws unto them, as you may read at large in Bromton, and as the firſt Chapter, and this Prologue to thoſe Laws aſſure us.
eChron. Joh. Brome. col. 850.Haec ſunt Judicia quae Sapientes Exoniae conſilio Adelſtani Regis inſtituerunt, & iterum apud Fevreſham et tertia vice apud Thundresfeldiam ubi hoc definitum ſimul et confitmatum eſt; et hoc imprimis eſt, ut obſerventur omnia Judicia quae apud Grateleyam Propoſit. 5, 6.impoſita fuerint, praeter mercatum Civitatis, et Diei Dominicae.
The Cauſe of making theſe new Laws, and confirming the old, was, a Complaint to the King in the Council at Exeter, that the Peace and Laws made at Grateley, were not ſo well kept as they ſhould be; and that Theives and Malefactors abounded; as this Prologue manifeſts, fChron. Joh. Brom. col. 850.Ego Adelſtanus Rex notifico vobis, ſicut dictum eſt Michi, quod pax noſtra pejus obſervata eſt quam Michi placet, vel apud Grateleyam fuerit inſtitutum: Et Sapientes Michi dicunt, quod hocdiutius Propoſit. 5, 6.pertuli quàm debueram; Nunc inveni cum illis Sapientibus, qui apud Exoniam fuerint mecum in ſancto Natali Domini, quod parati ſunt omninò quando velim, cum ſeipſis & uxoribus, & pecunia, & omni re ſuâ ire quo tunc voluero, niſi malefactores requieſcant eo tenore quo nunquam deinceps in patriam iſtam redeant, &c.
In the Council of Fevreſham in Kent, the King by ſome of his Wiſe-Counſellors ſent thither to it, propounded ſome things for the weal and peace of the Country, together with his pardon for fore-paſt offences; which they upon debate aſſenting to, and drawing up into ſundry heads, returned to the King for his Royal aſſent, with this memorable Gratulatory Prologue; which moſt truly repreſenting unto us the proceedings in the great Councils of that Age, I thought meet entirely to tranſcribe.
gChronicon Ioh. Bromt. col. 850, 851.Kariſſime, Epiſcopi tui de Kent, & omnis Kenteſcire, Thayni, Comites, & Villani, tibi Domino dilectiſſimo ſuo gratias agunt, quod nobis de pace noſtra praecipere voluiſti, & de commodo noſtro perquirere & conſulere, quia magnum opus eſt inde nobis divitibus & Egenis. Et hoc incepimus quanta diligentia potuimus, conſilio horum Sapientum quos ad nos miſiſti, unde Kariſſime Domine, primum eſt, de noſtra decima, ad quam valdè cupidi ſumus & voluntarii, & tibi ſupplices gra…ias agimus admonitionis tuae. Secundum eſt, de pace noſtrá quam omnis populus teneri deſiderat, ſicut apud Grateleyam Sapientes tui poſuerunt, et ſicut etiam nunc dictum eſt in Concilio apud Fefreſham. Tertium eſt, quod gratiant omnes miſericorditur Hermerum dominum ſuum, de dono quod forisfactis hominibus conceſſi…ti; hoc eſt, quod pardonatur omnibus forisfactura de quocunque furto quod antè Concilium de Fefreſham factum fuit, eo tenore quo ſemper deinceps ab omni malo quieſcant, et omne latrocinium confiteantur, et emendent hinc ad Auguſtum. Quartum, Ne aliquis recipiat hominem alterius ſine licentia ipſius, cui prius folgavit, nec intra marcam, nec extra, et etiam ne Dominus libero homini hlaſocnam interdicat, ſi rectè cuſtodierit eum Quintum, Qui ex hoc diſcedat ſit dignus eorum quae iin ſcripto pacis habentur, quod apud Grateleyam inſtitutum eſt. Sextum, ſi aliquis homo fit adeo dives, vel tantae parentelae quod caſtigari non poſſit, vel illud ceſſare nolit, ut efficias qualiter abſtrahatur in aliam partem regni tui, ſicut dictum eſt in occiduis partibus, ſit alterutrum quod ſit, ſit Comitum, ſit Villanorum. Septimum eſt, ut omnis homo teneat homines ſuos in fide juſſione ſuâ, contrà omne furtum. Si tunc ſit aliquis qui tot homines habea… quod non ſufficiat omnes cuſtodire, praepoſitum talem praeponat ſibi ſingulis villis qui credibilis ei ſit, & qui concredat hominibus. Et ſi praepoſitis alicui eorum hominum concredere non audeat, inveniat XII plegios cognationis ſuae qui ei ſtent in fide juſſione, Et ſi Dominus vel praepoſitus, vel aliquis hoc infringat, vel abhinc exeat, ſit dignus eorum, quae apud Grateleyam dicta ſunt, niſi Regi magis place at alia juſtitia. Octavum, Quod omnibus plac…it de ſcutorum opere, ſicut dixiſti. Precamur Domine miſericordiam tuam, ſit in hoc, ſit in alterutrum, velnimis, velminus, ut hoc emendare Jubeas juxta velletuum. Et nos, devotè parati ſumus ad omnia quae nobis praecipere velis, quae unquam aliquatenus implere valeamus.
After this there was another kind of Parliamentary Council held at London, & not long after that, another at Thithamberig wherein many conſultations were had, & propoſitions made for ſuppreſſion & puniſhment of Theeves and keeping of the peace, which the Juſtices, Commiſſioners, and others appointed to keep the peace, and to take ſureties of all men to the keeping thereof, concluded upon at London, and after ſubmitted to the Kings Council, to enlarge or alter, as he ſhould ſee cauſe; Who thereupon made ſome alteration and mitigation at Thithamberig, of what the King thought over-ſevere, in putting to dea…h thoſe who were above 12 years of Age, for 12d. value, as theſe paſſages atteſt, declaring the proceedings of that Parliamentary Council.
(h) Hoc conſultum eſt, quod Epiſcopi et praepoſiti qui (k) Chron. … Ioh Bromt. col. 852, 855, 856.Londonienſi Curiae pertinent, edixerunt, & jurejurando confirmavernnt in ſuo Fridgildo; Comites & villani in adjectione judiciorum, quae apud Grateleyam & Exoniam inſtituta ſunt, & iterum apud Thundresfeldam.
Cap. 1. Et eſt imprimis haec, non parcatur alicui latroni ſupra 12 Annos et ſupra 12 d. de quo verè fuerit inquiſitum quod reus ſit, quin occidatnr, & capiatur omne quod habet, &c.
Cap, 14. Nec tacendum eſt vel praerereundum, ſi dominus noſter vel praepoſitorum noſtrorum aliquis ullum Augmentum excogitare poſſit, ad noſtrum Fridgildum; ut hoc gratanter excipiamus, ſicut nobis omnibus convenit, & noſtrum neceſſe ſit, & in Deo confidimus, et regni noſtri Domino.
Cap. 15. Si totum hoc ita complere volumus, res totius populi meliorabitur contra fures quam antea fuit, & ſi remiſſius egerimus de pace & vadiis quae ſimul dedimus, & quam Rex nobis praecipit, timere poſſumus, vel magis ſcire quod fures iſti regnabunt, plus quam antè fec erunt, ſi fidem teneamus, et pacem ſicut domino noſtro placeat, quia magnum opus eſt ut inſiſtamus et peragamns quod ipſe velit, et ſi amplius praecipiat cum omni jocunditate et de votione parati ſumus.
Cap. 17. Item quod Sapientes omnes dederunt vadium ſuum, inſimul Archiepiſcopo apud Thundresfeldam quando Ealpheagus, Scyb, et Brithnodus Odonis filius veneruut ad Concilium ex ore Regis, ut omnis praepoſitus vadium capiat in ſuo comitatu de pace ſervandâ ſicut Adelſtanus Rex apud Fefreſham, et quartâ vice apud Thundresfeldam coram Archiepiſcopo, et Epiſcopis, et Sapientibus, quas ipſe Rex nominavit qui interfuerunt et judicia conſervaverunt Quae in hoc Concilio fuerunt inſtituta, &c.
Cap. 18. Item quod Adelſtanus Rex praecepit Epiſcopis ſuis et praepoſitis omnibus in toto Regno ſuo, ut pacem it a custodiant ſicut recitavit, et Sapientes ſui.
Cap. 19. Item Rex dixit nunc iterum apud Thitlan birig Sapientibus ſuis, et praecepit oſtendi Atchiepiſcopo et caeteris Epiſcopis, quod ei miſerabile videtur, quod aliquis tàm juvenis occidatur, vel protàm parvâ re ſicut innotuit ei quod ubique fiebat; dixit itaque, Quod ei videbatur et eis cum quibus hoc egerat, ne aliquis occidatur junior quam quindecim Annorum, niſiſe defendere velit, vel aufugere, et in manus ire velit, ut tunc deducatur, ſir major ſit minor, qualiſcunque ſit, ſi ſe dederit ponatur in Carcere, ſicut apud Greateleyam dictum est, et per idem redimatur &c. Praecepit Rex ne aliquis occidatur pro minori precio quam 12 d. niſi fugiat vel repugnet, ne dubitetur tunc licet minus. Si haec ita conſervemus, in Domino Deo confidimus quod pax nostra melior erit quam antea fuit.
As theſe paſſages demonſtrate the proceedings of the Parliamenrary Councils in that Age, (unknown to moſt, for which end I have tranſcribed them at large) ſo they clearly prove, that Theeves or Felons (much leſſe other Engliſh Freemen) could not be impriſoned, killed, put to death, fined or ranſommed, but by ſpecial Acts, and Laws made in General Parliamentary Councils, nor any Laws made, enacted, or altered in Propoſ. 2, 4, 5, 6.ſuch Councils, but by the Kings Royal Aſſent thereto, who then frequently ſummoned them, and all the Members ofthem, by writ and nomination, without the Peoples Election.
Henry de Knyghton, de Eventibus Angliae l. 1. c. 5. and iSee the Hiſtory of Guy of warwick.ſome other fabulous Authors relate, that in Anno 932.the eighth year of King Aethelſtans reign, Olaus King of Denmark, Golanus King of Norwey, and the Duke of Normandy, with 8 Dukes and 5 hundred thouſand Souldiers, arived in England, bringing with them out of Africa, A Giant called Colybrand, the ſtrongeſt and Propoſ. 5, 6, 9, 10.moſt famous at that time throughout the World; Whereupon King Aethelstan hearing of their comming, Congregavit Magnates, aſſembled his Noblemen at Wincheſter, to advice with them, how they might reſiſt the Enemies and fight with them in Battel; Thar whiles king Aethelſtan vacaret tali Concilio et congregatione populi ſui in Wintonia, the foreſaid kings came upon him with their Army, and beſieged him Cum Baronia ſua with his Batons, in that City for two years ſpace. Neither durſt the Engliſh fight with them by reaſon of their multitude and Power. In the mean time they made this Agreement, that king Aethelstan, ſhould find out one Champion to fight a ſingle Duel with Colybrand; that in all future times the Realm of England ſhould be held of the King of Denmark under a Tribute, and if Colybrand were conquered by Aethelſtans Cham…ion, then Olaus ſhould forfeit and diſclaim the Realm of England for him and his Heirs for ever, and no King of Denmark ſhould afterwards lay claim to the Realm of England, nor yet moleſt it. That the king in near one whole years ſpace, could not find out a Champion to encounter Colybrand; whereupon he and his Nobles were very much troubled. At laſt, God by an Angel from Heaven, directed the King to find out Guy of Warwick, comming thither as a Pilgrim, who undertook to encounter Colybrand; and after a ſharp battel with him in the view of both kings and their Armies, cut off one of his hands, and after that his head. By which Victory the whole Land of England enjoyed the unviolated privilege of reſt and Liberty from the Daniſh king, untill Cnute king of Denmark gained the Realm of England from Edmund Ironſide. But this Relation being contrary to the truth of Hiſtory, and the Stream of all our Hiſtoriographers, I ſhall repute it meerly fabulous; though I could not well omit it, for that Relation it hath to this my Theame an… precedent Propoſitions.
kDe Geſt. Reg. Ang. l. 2. c. 6. p. 52. Spelman. conc. p. 407, 408. Speeds Hiſt. p. 396. See Ingulph. Hist. p. 378.William of Malmesbury and others out of him record, that Elfrid (a Noble man) who oppoſed Aethelſtans Title to the Crown, though in vain, intended to have ſeized on him at Wincheſter, and put out his eyes; but his Treaſon being diſcovered before it came to the Accompliſhment, he was taken and ſent to Rome to purge himſelf by Oath; where before the Altar of St. Peter and Pope Iohn the 10th, he adjured the fact, and thereupon fell ſuddainly down dead to the Earth, and being carried from before the Altar by his Servants to the Engliſh School, he there died within three daies after. Upon this the Pope ſent to the king, to Propoſit.: 5, 6, 10.adviſe what he ſhould do with him, and whether he ſhould allow him burial with other Chriſtia… Corps? The king hereupon aſſembling a Council of his Nobles, to adviſe about it; Optimates Regionis the Nobles of the Realm with a great Company of Elfrids kindred, earneſtly requeſted of the King with great humility, that his body might be committed to Chriſtian Burial The King conſenting to their Requeſt, acquainted the Pope therewith; who granted him Chriſtian Burial, though unworthy. Hereupon the Nobles adjudged all his Lands and Poſſeſſions great and ſmall, to the King; who by their conſent, granted and confirmed them all to the Abby of Malmesbury by his Charter, wherin he recites; Sciant opoſ. 2, 4, 5, 6, 10.Sapientes regionis Noſtrae, non has praefatas terr as me injuſtè Rapuiſſe, Rapinam que Deo Dedicaſſe, ſed ſic eas accepi Quemadmodum judicaverunt omnes Optimates Regni Anglorum. Inſuper et Apoſtolicus Papa Romanae Eccleſiae Johannes; After which, reciting the Treachery, perjury and death of Elfred, with his Condeſcention to his Nobles and friends requeſt aforeſaid, he concludes thus. Et ſic Adjudicata eſt mihi tota poſſeſſio ejus in magnis et modicis. Sed et haec Apicibus praenotamus literarum, ne quamdi… Chriſtianitas regnat, aboleatur; unde mihi praefata poſſeſſio, quam Deo et Sancto Petro dedi, donatur; nec Juſtius novi quam Deo et ſancto Petro hanc poſſeſſionem dare, qui aemulum meum in conſpectu omnium cadere fecerunt, et mihi proſperitatem Regni largiti ſunt.
To which Malmesbury ſubjoyns. In his Verbis Regis ſapientiam, et pietatem ejus in Dei rebus ſuspicere par eſt: Sapientiam, eo quod animadverterat, juvenis preſertim, non eſſe Dei Gratioſum de Rapinâ Holocauſtum. Pietatem, eo quod Munus ultione divin… collatum, Deo potiſſimum non ingratus rependeret.
From whence I ſhall only obſerve, that Elfrid being a Peer of the Realm, dying perjured as aſoreſaid, was adjudged to forfeir all his Lands for Treaſon after his death only by his Peers in a Parliamentary Council, and that if the king had ſeized on them without their judgement, it had been an unjuſt Rapine, by his own Confeſſion; but being legally confiſcated to him by their Judgement, it was no Rapine, but Juſtice for him to ſeize, and Piety to diſpoſe of them at his pleaſure to this Church. What Churches and M…naſteries he built and repaired throughout the Realm; What Lands he reſtored to St. Auguſtines Church at Canterbury on the day of his Coronation (by the Aſſent of his Biſhops and Nobles) though long detained from it; and how he gave the Lands of Folcastan, in Kent, eſcheated by the Danes deſtruction of the Nunnery there, to Chriſt-church in Canterbury, you may read in the lIngulphi Hiſtoria. p. 878. Chronic… VVill. Thorn, Col. 1778. Evidentiae Ecleſiae Chriſti, Cant. Col. 2220. &c.Marginal Authors.
mde Geſt: R. Ang. l. 2. c. 6. p. 51. See Ingulp. Hiſt. p. 877, 878.William of Malmesbury informs us, that Baldwin Earl of Flanders, ſent Embaſſadour by Hugh King of France, to King Ethelſtan, to demand his Siſter for his Wife, brought over with him divers rich preſents; and Reliques (Amongſt others, the Sword of Conſtantine the Great, the Lance of Charls the Great, and one of the 4 Nails that pierced our Saviours body, ſet in plates of Gold; A piece of our Saviours Croſs incloſed in a Chriſtal Caſe &c. all which he preſented to the King and Lady) cum in Conventu Procerum, apud Abindonium proci postulata exhibuiſſet: Which intimates, that this King conſulted with an aſſembly of his Nobles about his Sisters Marriage to the King of France, as a mater of Parliamentary conſideration.
Ingulphus Hiſt. p. 876, 877, 878. records, that Turketulus was his Chancellor and chief Counſellour, who affected not Honors and Riches, refuſed many Biſhopricks offered him by the King, Tanquam tendiculas Satanae ad animas evertendas; and would never accept of any Biſhiſhoprick all his life, being Content only with his own Lands and Wages: That all his Decrees were ſo just and legal, that they remained irrevocable, when once made: That he was a great Souldier, and fought most valiantly againſt the Danes, and often gloried and ſaid, He was moſt happy in this, that he had never murdered nor maimed any one, Cum pugnare …ro patria, & maximè contra Paganos licite quiſque poſſit; He esteeming the ſlaughter of ſuch Pagan Enemies in defence ef his Country, lawfull, and no murther nor maim.
King Aethelſtan, deceaſing without i…ue, his Brother Anno 940.Edmund ſucceeded him An. 940. who upon the (n) Malmesb. de Geſt. Reg. Angl. l. 2. c. 7. Hoveden Annal. pars prior, p. 422. Ingulp. Hiſt. p. 878. Huntindon Hiſt. l. 5. p. 355. Ethelwerdi Hiſt. l. 4. c. 6. Chron. Iohan. Bromton, Col. 856, 857, 858. Mat. VVeſtm. et wigorn. An. 940. to 946.falſe ſuggeſtions of ſome of his Souldiers and Courtiers, dedeprived Dunſtan (whom he had made his Chancellour, and one of his privy Council, yea ranked amongſt the Royal Palatines and Princes of his Realm) of all his dignities and Offices. The very next day after, being like to break his Neck as he rod a hunting over a ſteep Rock, had not his horſe miraculouſly ſtopped at the Rocks brink in his full carier, he immediatly ſent for Dunſtan, and to repair the injury done him, rod preſently to Glaſtonbury, and made him Abbot thereof. Preſently after, Anlaffe King of Norwey, whom Aethelſtan had driven out of the Kingdom of Northumberland, came with a great Navy and Army to York, being called in by the perfidious and rebellious Northumberlanders, who inſtantly revolted to him, and elected him for their King. Whereupon he marching Southward with a puiſſant Army, purpoſing to ſubjugate the Realm of England to himſelf, King Edmund gathering his forces Propoſit. 4. 8.together, encountred him, and after a bloody battel fought a whole day between them at Leiceſter, with great loſs on both ſides, Odo Archbiſhop of Canterbury and Welſtan Archbiſhop of York perceiving the danger on both parts, and the Deſtruction of the Realm, made this Agreement between them; that Anlaffe ſhould quietly enjoy the whole Northeaſt part of England, lying North of Watlingſtreet; and Edmund all the Southern part thereof, during their joynt Lives, and the Survivor of them enjoy the whole Realm after the others deceaſe: But Anlaffe ſoon after waſting the Church of St. Balter, and burning Tivinagham with fire, was preſently ſeiſed on by Gods avenging Judgement, and miſerably ended his life.
About the year 940. oSpelman. Concil. p. 408, 411. &c.Hoel Dha, Prince of all Wales, ſent for ſix Laymen, eminent for authority and knowledge, out of every Kemut, or hundred of his Realm, and Anno. 940.all the Archbiſhops, Biſhops, Abbots, & Priors of his Realm, dignified with a Paſtoral ſtaff; who continuing all together, in prayer, fasting and conſultation all the Lent, did in this Welſh Patliament, make and enact many Civil and Eccleſiaſtical Laws, which they divided into 3 parts and books, for the better Government of the Realm and Church; Propoſ. 5. 2.which you may read in Spelman. In the 22 Law whereof they thus determine: Tres autem ſunt homines quorum nullus potest per Legem impignorare contra aliquod Iudicium: Primus eſt Rex, ubi non poterit ſecundum Legem in Lite ſtare coram judice ſuo agendo vel reſpondendo, per dignitatem naturalem, vel per dignitatem terrae, ut Optimas, vel alius. So that by the Laws of thoſe times, not only the Kings of England, but even the petty Kings of Wales were by their very Natural and Royal Dignities, exempted from all perſonall Tryals and Judgements againſt them in any Courts of Justice, ſeeing they had no Peers to be tryed by.
In the year 940 pSimeon Dunelm. Hiſt. de Dunel. Eccl. c. 16. col. 23. c. 24.Reingwald (or Reginald) the Dane comming with a great Navy into Northumberland, ſlew moſt of the beſt Inhabitants of that Realm, or drove them out of it. He likewiſe ſeized upon all the Lands of St. Cutbert, and gave his Lands to two of his Souldiers; one of them called Scula, who afflicted the miſerable Inhabitants with Grtevous and intollerable Tributes; whence even unto this day, the Yorkſhire-men as often at they are compelled to pay Tributum Regale, Propoſ. 1, 4.A Royal Tribute, endeavour to impoſe a pecuniary Mulct on the Land which this Scula poſſeſſed, for the eaſing of themſelves. Scilicet Legem deputant, quod Paganus per Tyrannidem fecerat, qui non legitimo Regi Anglorum, ſed barbaro et aliegenae Et Regis Anglorum hoſti militabat. Nec tamen quamvis multum in hoc Laboraverint, Pravam Conſuetudinem huc uſque Sancto Cuthberto reſiſtente Introducere potuerunt; writes Simeon Dunelmenſis. The other part of thoſe Lands one Onlasbald ſeiſed upon; who was much more cruel and oppreſſive to all men than Scula; extraordinarily vexing the Biſhop, Congregation, and People of Saint Cutbert, and particularly ſeiſing upon the Land belonging to the Biſhoprick; Whereupon the Biſhopoft endeavouring by perſwaſion to draw him to God, and entreating him to lay aſide the obſtinate rigor of his mind, and refrain himſelf from the unlawfull Invaſion of the Churches Lands, elſe if he contemned his admonitions, God and St. Cutbert would ſeverely avenge the Injuries done by him to them, and others. He with a diabolical mind contemning his admonitions and Threats, ſwore by his Heathen Gods, that he would from thenceforth be a more bitter Enemie towards St. Cuthbert and them all, than ever he was before; Whereupon the Biſhop with all his Monks falling proſtrare on the earth, earneſtly prayed to God and his holy Confeſſor, to annul thoſe proud Tyrants Threats; who was then comming into the place where they were praying, having one foot within the Door, and the other without; in which poſture he ſtood there immovably fixed, as if both his feet had been nayled, being able neither to go out nor come in, but ſtanding immovable, till being long thus tortured, he there gave up his miſerable ſoul in the place: with which example all others being terrified, would no further preſume by any means to invade the Land, nor any thing elſe belonging of right to the Church.
qMat. Weſt. et Wigorn. An. 941. to 946. Huntingd. Hiſt. l. 5. p. 355, Hov. Annal. pars prior p. 421. Ethelw. Hiſt. l. 4. c. 6. VVilliam Malmesbury, De Geſt. Reg. l. 2. c. 7. Simeon Dunelm. Hiſt. de Dunelm▪ Eccl. c. 18. col. 26. et de Geſt. Reg. Angl. col. 134, 155, 156. Ethelr. A…bas de Gen▪ Reg. Ang. col. 358. Pol. l. …, c. 7. Fab. Caxt. Graſt. Holinſh. Speed in the life of King Edm▪Anno 941. the Rebellious o Northumberlanders Anno 941.preferring diſloyalty before the Fealty which they owed unto Magnificent Edmund King of England, elected Anlaff (King of the Norwegians) for their King, Son to the former Anlaff; who periſhing ſuddenly for his Sacrilege (as aforeſaid) he and Reginald, the Son of Garthfrith, after their Baptiſm, breaking their faith and Agreement with King Edmund, by invading his Dominions. Edmund thereupon by force of Armes expelled them both out of the Realm of Northumberland, and united it to his own kingdom; and wreſted Lincoln, Nottingham, Derby, Leiceſter, and Stamford out of the hands of the Uſurping, inſolent, oppreſſing Danes, with all Mercia; ſubduing and reducing the Monarchy of all England unto himſelf; extirpating all the Pagan Danes with their infidelity; reſtoring Chriſtianity to its Luſtre, and the Engliſh to their Poſſeſſions and Liberties. The year following he waſted and ſubdued all Cumberland, and pillaged the people of all their goods: And becauſe the people of that Country were perfidam & legibus inſolitam, perfidious and unaccuſtomed to Laws, ſo that he could not totally ſubdue and civilize them, having harrowed it with his Army, and put out the eyes of the two ſons of Dummail, King thereof, he gave Propoſit. 3, 7.the Country to Malcolm King of Scots, to be held of himſelf, upon this Condition, that he ſhould aſſiſt him, and defend the Northern parts of England by Land and Sea from the Incurſions of invading Enemies.
This King Edmund after the Conqueſt and Expulſion An. 944.of his Enemies, by the adviſe of Dunſton and his Chancellour Turketulus, rChron. Ioh. Bromt. col. 858. to 862. Spelm. Concil. p. 415. to 428. Lambardi Archaion, Polychron. l. 6. c. 7. Malmesb. de Geſt. Reg. l. 2. c. 7. Ingulphi Hiſt. p. 878.made good Lawes, and ordinances, Eccleſiaſtical and Civil, for the Government of his Realm; for which purpoſe, about the year of our Lord 944, he aſſembled a Parliamentary Council of the Clergy & Laity at London, to conſult and adviſe with them in the making of his Lawes. Which the Proems to them, thus expreſſe. Edmundus Rex ipſo ſolenni Paſcatis feſto Frequentem Londini tam Eccleſiaſticorum quam Laicorum Caetum celebravit, as one verſion out of the Saxon; Or, Congregavit magnam Synodum Dei ordinis et ſaeculi; as another tranſlation renders it; cui interfuit, Odo, et VVulſtanus Archiepiſcopi, et alii plures Epiſcopi, ut animorum ſuorum, et corum omnium, qui eis curae ſunt, conſuleretur Propoſit. 5.ſaluti; And this Proem of King Edmund, himſelf thus ſeconds, ſBromt. Spel. Lamb. quo ſupra.Ego Edmundus Rex omnibus qui in ditione ac poteſtate meâ ſunt, ſenibus & juvenibus, clare ſignifico, Me à ſcientiſſimis Regni mei in celebri Eccleſiaſticorum quam Laicorum frequentiâ, ſtudioſe requiſivi…e, quo tandem pacto Christiana proveheretur fides, &c. Or, Mando, & praecipio omni populo Seniorum & Juniorum qui in Regione mea ſunt, Ea quae Inveſtigans Inveſtigavi cum Sapientibus Clericis & Laicis: In this Council there were three parcels of Laws made; the one, meerly Eccleſiaſtical; the other, meerly Civil; the third, mixt of bo…h. And in this Council, I conceive, the Constitutions of Archbiſhop Odo were read and ratified. The greateſt part of the Civil Laws there made, were againſt Murder, bloodſhed, fighting, breach of Peace, Theft and Perjury: In the laſt parcel of theſe Laws, cap. 5. The King gives God and them thanks, for aſsiſting him in making theſe Laws, in theſe words; Maximas autem & Deo & vobis omnibus ago gratias, Qui me auxilio veſtro in hac pacis quam nunc ad profligandos opoſit. 5.ſures ſancivimus, Le ge adjuviſtis; ac vehementèr confido, eo vos propenſius Nobis in poſterum opitulaturo…, quo hujus Decreti obſervatio magis videbitur neceſſaria.
About the ſame year, 944. tChron. Johan. Bromt. col. 859.this King aſſembled another Parliamentary Council of his Biſhops and Wiſemen at Culinton, where they enacted 7 other Laws, Principally againſt Theeves, together with an Oath of Allegiance to king Edmund, thus prefaced. Haec eſt Propoſit. 5, 4, 7.Inſtitutio quam Edmunds Rex, & Epiſcopi ſui, cum Sapientibus ſuis inſtituerunt apud Culintoniam de pace & Juramento faciendo. The two firſt of theſe Laws I ſhall tranſcribe as pertinent to my Theam.
Cap. 1. Imprimis, ut omnes jurent in nomine Domini, pro quo ſanctum illud ſanctum eſt, fidelitatem Edmundo Regi, Sicut Homo debet eſſe fidelis Domino ſuo, ſine omni controverſiâ & ſeditione, in manifeſto, in occulto, in amando quod amabit, Nolendo Propoſit. 7.quod nol uit; et̄ antequam Iuramentum hoc dabitur, ut nemo concelet hoc in fratre vel proximo ſuo plus quam in extraneo.
Cap. 2. Vult etiam, ut ubi fur pro certo cognoſcetur Twelfhindi et Twifhindi (that is meu of 600 or 200 s. Land by the year) conſocientur et exuperent eum vivum, vel mortuum, alterutrum quod pot…runt; et qui aliquem eorum infaidiabit, qui in eâ quaeſtione fuerint, ſit inimicus Regis et omnium Amicorum ipſius. Et ſi quis adire negaverit, et coadjuvare nolit, emendat Regi cxx s. vel ſecundum hoc pernegat quod neſcivit, et hundredo xxx s.
From whence it is apparent, That all Oaths of Allegance; and Laws againſt Theeves and other Malefactors, were then made and enacted in Parliamentary Councils aſſembled for that purpoſe, and all fines, for offences impoſed, and reduced to a certainty only by Parliament. And by the laſt parcel of King Edmunds Laws in Bromton, it ſeems, the manner of contracting Marriage was then preſcribed and ſetled by a Parliamentary Council.
This King uChron. VVil. Thorn. col. 21. c. 25. Evid. Eccleſ. Chriſt. Cant. col. 2221. Sim. Dunelm, Hiſt. de Eccleſ. Dunelm. l. 26. 19. col. 25.Edmund, as he gave and reſtored by his Charters to Chriſt-Church and St. Auguſtines in Canterbury ſeveral Lands unjuſtly taken away from them by his Predeceſſors, free from all ſecular ſervices, except expedition and building of Bridge and Caſtle; and ratified the Laws and Privileges of St. Cutberts Church at Durham, by conſent of his Biſhops and Nobles; So likewiſe, xM…lm. de Geſt. Reg. l. 2. c. 7. Sp…lman concil. p. 4. 27.Anno 944. he granted by his Charter, (written in golden Characters) ſundry large Liberties, together with …he Mannor of Glaſtonbury to the Abbey of Gluſtonbury, Conſilio et conſ…n…u Op imat…m meorum (then aſſembled in a Parliamentary Council at London) ratifying the Privileges gr…nted to the Monaſtery by King Edmund his Father, E…frid, Ce…twine, Ina and Cuthred; et nè quiſquam mortalium; ſeu Epiſcopus, vel Dux aut Princeps, aut quilibet miniſtrorum eorum audeat eam omnino intrare cauſa placitandi, vel capiendi, vel quidquam faciendi, quod contrarium fore poſſit intbi Deo Servientibus, Dei indictone prohibuit.
yMat. Weſt. An. 945. p. 366. Chron. Ioh…n. Brom. col. 8…8.In the year 945. this King Edmund gave many An. 945.Lands and Privileges tothe Monaſtery of St. Edmundsbury, by his Charters; quam ſubſcriptione. Epiſcorum, Comitum et Baronum pia devotione roboravit, (moſt probably in the Parliamentary Council, of London, at Culington where they were all aſſembled.)Propoſition 10.
zMat. Weſt. Wig. Malm. Hunt. Hov. Ingulph. Sim. Dunelm. Brom. wil. Thorn. Polch. Aclredus, Fab. Graft. Caxton, Holinſh. Speed, An. 946. and in the life of Edmund.King Edmund, in the year 946. celebrating with great Solemnity the Feaſt of St. Augustine (which the Engliſh accuſtomed to celebrate every year) at Canterbury, as ſome; or at Pulcherkirke (now at PuckelChurch in Gloſterſhire) as others, or Michelesberith, as Matthew Weſtminſter ſtiles it) as he was ſitting at Dinner in the Hall amidſt his Nobles and Courtiers eſpyed a notable Thief called Leoff (whom he formerly baniſhed for his theft) ſtand in the Hall: Whereupon he not enduring his ſight, commanded his Butler to thruſt that Thief preſently out of the Palace: who refuſing to depart upon the Kings Command and reſiſting the Butler, the King therupon in a rage riſing ſuddenly from Propoſit, 2, 8.the Table, took the Thief by the Hair, and threw him to the Ground: whereupon the Traitor feeling himſelf hurt, and the King Iying upon him, preſently drew out his Knife; which he carried ſecretly about him, ript up the Kings bowels and ſlew him with it; which the Knights and Souldiers perceiving, ruſhed all upon the Thief, and with their Swords and Knives chopped all his fleſh and bones into ſmall pieces. Some Hiſtorians write, that he ſlew ſome of the Kings followers likewiſe, and wounded more of them, and ſo eſcaped in the midſt of the Tumult, Sicque clarum regalis Convivii principium, nebuloſus rerum Geſtarum exitus terminavit. Communi ergo decretum Concilio: It was thereupon decreed by a Common Council, that his Body ſhould be interred in Glastonbury Abby. Abbot Ethelred gives this Encomium of him. Erat autem patris Edwardi in omnibus imitabitor, homo ſimplex & rectus, et timens Deum, et uſque ad finem vitae ſuae permanens in innocentiâ ſuâ.
(b) Edred his Brother, ſucceeded him the ſame year in Anno 946. &c.the Throne, and was crowned King at Kingſton by Odo bMat. Weſt. VVig. Sim. Dunelm. Hunt. Hov. Malm. Brom. Aclred. Polyc. Fab. Hol Speed An. 946. and in the life Edred, Ethelw. Hiſt. l. 4. c. 8.Archbiſhop of Canterbury; Edwin and Edgar King Edmunds Sons, being put by, becauſe of their Infancy; quia tepugnante legitimâ aetate patri ſuccedere non valebant, as Matthew Weſtminſter renders the reaſon.
No ſooner was he crowned, but entring it to Northumberland, with a great army, he ſubdued the rebellious Northumberlanders, who refuſed to bear the yoak of his government, reducing them all under his obedience. Wherupon Wulſtan Arcbbiſhop of York, and all the Nobles of the Northumberlanders ſwore fealty to King Edred, which they did not long obſerve. After which King Edred entred with Banners diſplayed into Scotland, whereupon the Scots, ſtrucken with a fear, without Propoſ. 8.any reſiſtance, or war, ſwore homage and fealty to him as to their true Lord, as well as the Northumberlanders; which Oath they ſoon violated: For no ſooner was Edred returned with his Army into the Southern parts, but Anlaff who was chaſed out of Northumberland, returning thither again with a great Flee…, was joyfully received by the Northumberlanders, andreſtored by them to the Throne of the Kingdom, which he kept by force near four years. But in the fourth year the Northumberlanders uſing their accustomed treachery and diſloyalty, chaſed away their King Anlaff, and received Hirc or E…icus ſon of Harald, for their king, who held the kingdom but a ſhort time; for the People of the Conntry, not long enduring any king as they had lightly received Hirc for their king, ſo in the third year of his Reign, they as lightly rejected him, and calling king Edred to them of their own accord, received him again for their Soveraign, and ſet him in the Throne, as Huntinton records. But Malmesbuty, Roger Hoveden, and, others relate; That king Edred Anno 948 was ſoincenſed with the Northumberlanders for their treachery towards him, in chuſing Hirc for their king, againſt their Oath of Allegiance ſworn to him; that he waſted all Norshumberland with fire and ſword and famine, et penè ex hominibus delevit; But ſome of the Northumberlanders in his return from thence, ſallying out of York with their forces, cut off ſome of the Rear of his Army ar Cesterford; wherwith king Edred was ſo enraged, that he reſolved preſently to return, et totam illam terram penitus deſere, and ututterly to deſtroy all that Country. Which the Northumberlanders hearing, they were ſo terrified, that they rejected their new King Hirc, and received Edred for their Soveraign, ſatisfying the King with Honors, and the Damages and Wrongs they had done unto him, with Gifts, and no ſmall Sums of Mony. Theſe treacherous Rebellious Northumberlanders after Edred and Hirc, had no particular King at all to rule over them, but only Dukes, whoſe names and ſucceſſions (with their Treachery towards and Rebellions againſt them) Anno 951.you may read at leiſure in Roger Hoveden, who ſubjoyns the Hiſtory of them immediately to this relation.
This King Edred (about the year 951. cMat. weſt. An. 951. p. 357. Malm. de Geſt. Reg. l. 2. c. 7. Sim. Dunelm. Hiſt. col. 356. Flor. VVig. An. 952, 954 Roger Hov. Annal pars prior, p. 427, Thomas Stubs. Acta Pontif. Ebor. c. 1669. Godw. Catalogue of Biſhops, p. 443. Antiq. Eccleſ. Brit. p. 49.cloſe impriſoned Wulstan Archbiſhop of York in Withaubrig, and ſuſpended him from his Archbiſhoprick, near a whole year, for certain cauſes of which he had been frequently accuſed to him; but eſpecially for countenancing and harbouring the rebellious perjured Northumberlanders and the Danes, a Heathen people, who not only ſought to deſtroy his Native Country, but alſo to root out Chriſtian Religion, for which he deſerved a thouſand deaths: and exciting them both againſt his Soveraign King Edred, contrary to their Oath; and for killing the Citizens Propoſ. 2. 3.of Thatford in a tumultuous manner in revenge of the death of Abbot Adelm, whom they had cauſeleſly murdered. Norwithſtanding all which, about a year after he was enlarged and reſtored to his Biſhoprick; Malmesbury and Abbot Ethelred, record of king Edred, that he made his Palace altogether a School of Virtues, obeying Dunſtans Counſels in all things, et Juſtiſſimis Legibus ſubditos Regens, and governed his Subjects by moſt juſt Laws.
I read only of one Great Parliamentary Council held under King Edred, and that was at dIngulphi Hiſt. p. 874, 875, 876. Hoveden Annal. pars prior. p. 423. Mat. Weſtm. An. 948 Spelm. Concil. p. 428. Mr. Seldens Titles of Honour, part 2. ch. 5. p. 633.London, in the Anno 948.year 948. in the Feaſt of the Virgin Maries Nativity; Cui Univerſi Magnates Regni, per Regium edictum Summoniti, tam Archiepiscopi, & Epiſcopi, & Abbates, quam Caeteri totius Regni Proceres & Optimates, Londini conveniſſent, ad tractandum de negotiis publicis totius Regni; as Ingulphus and others record.
In which Parliamentary Council, when all the publike affairs were finiſhed (which as it ſeems concerned the making and carrying on of that war againſt the Rebellious, Treacherous Northumberlanders, who brake their faith with King Edred, and ſet up a King of the Daniſh race, as aforeſaid,) the King in the preſence, and Propoſ. 5, 8, 9.by the conſent of them all, reſtored, granted and re-confirmed by his Charter (dictated by Abbot Turketulus heretofore his Chancellour) all the Lands and Liberties formerly granted by Kings and others to the Abbey of Croyland, with ſundry Mannors then given to it by Turketulus himſelf: wherein (amongſt other Liberties) he granted to the Monks; quod ſint quieti & ſoluti ab omni Scotto, Geldo, auxiliis Vicecomitum, Hydagio, & ab Secta in Schiris, Wapuntakis, Hundredis, Thrichingis & omnibus omnibus aliis curis & ſaeculi oneribus univerſis. This Propoſit. 1.Charter was ſubſcribed and ratified with the ſign of the Croſs, by all the Archbiſhops, Biſhops, Abbots a…d Nobles, who gave both their Counſels and Aſſents thereto, as their ſubſcriptiens teſtifie, that ſo it might be firm and perpetual. In the beginning of which Charter, this King, to ſhew, that he held his Crown only from and under God, thus ſtiles himſelf. Ego Edredus Rex terrenus ſub imperiali potentia Regis ſaeculorum aeternique Principis, Magnae Britanniae gerens Imperium, &c.
About the year of Chriſt 950, eSpelman. Concil. p. 429, 430, 502, 530.Nogui a Welſh King, being overmuch incenſed with one Arcoit, waſted An. 950, 955.his Lands, and with too much fury, violared the Sanctuary, to which he fled. Whereupon Pater Biſhop of Landaffe aſſembled all the Clerks of his Dioceſs in a Synod, to puniſh this Sacrilege and breach of Sanctuary: Propoſit. 2, 4, 6, 10.Which the King hearing of, deſired pardon of the Biſhop and whole Synod, for theſe offences in the Church of Mainnon, reſtoring all the things of the Church he had taken away, with ſatisfaction, and effuſion of Tears. Whereupon, to obtain pardon and abſolution for the penance they enjoyned him, he gave the pariſh of Guidcon, with all the Lands, Liberties and Commons appertaining thereunto, to God, and the Biſhops of Landaffe for ever, to be held in Frankalmoighne. Some five years after (Anno 955.) Ily a Deacon, ſlaying one Merduter, and flying into a Church for Sanctuary; thereupon his kinsfolk, and ſome of king Nogui his family, forcibly entring into the Church, flew Ili before the Altar, ſprinkling his blood both upon the Altar and Walls of the Church; Whereupon Pater Biſhop of Landaffe, aſſembled a Synod of all the Prieſts, Deacons, and Eccleſiaſtical perſons within his Dioceſs, to excommunicate the Delinquents; which King Nogui and his Nobles hearing of, fearing the Malediction of the Church, the weight whereof they durſt not undergoe, ſent for the Biſhop, and upon conſultation, by advice of the Doctors of both ſides, delivered up the Murderers into the Biſhops hands, who ſent them to the Monastery of St. Teliavi, where they were kept 6 Moneths in Iron Chains. After which they were excommunicated. Synodo quoque Judican…e defini…um eſt, unusquiſque eorum ſuum agrum, ſuamque totam ſubſtantiam, inſuper & pretium animae ſuae (id eſt) ſeptem Libras Argenti, redderet Eccleſiae quam maculaverat, determinantibus omnibus Divino Judicio, &c.
The Biſhop riſing up in the midſt of them, holding the Goſpel in his hand, ſaid to Nogui, lay thy hand upon this Goſpel: Whereupon Nogui laying his hand upon it, ſaid; Sit haec terra cum incolis ſuis, in ſempiterna conſecra…ione Deo, &c. & Patri Epiſcopo, & omnibus Epiſcopis Landaviae, Libera ab omni Laicali ſervitio, niſi tantum in oratione quotidianâ in perpetuo. It ſeems the petty Welſh Kings, and their Courtiers, were all ſubject in thoſe dayes to the Cenſures and excommunications of their Synods, for their Sacrilege, and other unrighteous Actions infringing the Churches Liberties. That their Synods had a Judiciary Power, and that they could not convey Lands to the Church, but by the Conſent and Judgement of their Synods, which atteſted and ratified the ſame, as you may read in Spelman. Who likewiſe informs us, of another Welſh Synod held at Landaffe, about the year 988. wherein Arithmail Son of Nogui, King of Guenti, ſlaying his Brother Eliſed, was for this execrable Fratricide excommunicated by Gucan, Biſhop of Landaffe, and all the Synod, who thereupon ſubmitting to the penance therein enjoyned him, gave certain Lands for ever in Frankalmoighne to God and all the Biſhops of Landaffe, to purehaſe his abſolution.
King fWil. Malmesbury de Geſt. Reg. l. 2. c. 8. de Geſtie Pontificum, l. 1. p. 20. Mat. Weſtminſter, & VVigorn. An. 955, 957, 958, &c. Hoveden Annal. pars prior, p. 427. Ethelredus Abbas de Genealogia Reg. Angl. col. 358, 359. Chronicon Johannis Bromton, col. 862, 863. Simeon Dnelmenſis de Geſtis Regum Angliae, col. 156, 157. Hygden Polychron. l. 6. c. 8. Fabian, Caxton, Holinſhed, Grafton, Speed in the life of Edwin, Osburn, Gervaſius Dorobern. Capgrave, Mat. Parker, and Godwin in the Lives of Odo and Dunſtan, Fox Acts and Mon. vol. 1. p. 196. Antonini Chron, pars 2. Tit. 16. c. 6.Edred deceaſing to the great grief of all his Anno 957.Sub…ects, his Nephew Edwin (formerly put by the Crown for his Nonage) was there upon (though young) crowned King at Kingſton by Archbiſhop Odo, An. 955. but in the ſecond year of his reign 957. the Mercians and Northumberians wholly caſt off their obedience to him, and conspiring alltogether by unanimous conſent, rejecting him from being their King, elected his Brother Edgar for their Sovereign Lord, Deo dictante & annuente populo: VVhereupon the kingdom was divided between them by the bounds of the River of Thames.
VVhat was the true Cauſe of this depoſition and rejection of Edwin is very doubtfull: William of Malmesbury, Hovedeu, Matthew Weſtminſter, Dunelmenſis, Bromton, Henry de Knighton, Abbot Ethelred, Hygden, Florence of Worceſter, and moſt of our old Hiſtorians being Monks, and over-much devoted to their Arch-Patron Dunſtan, record: That the true Cauſes thereof were, Firſt, His ill laſcivious Life and Incontinency with Alfgiva his Concubine (as they write) and near kinſwoman, from whom Archbiſhop Odo divorced him; and likewiſe with ſundry other Concubines which he entertained in his Court, whom Odo excommunicated and baniſhed thence. 2. His Indiſcret and Tyrannical Gvernment contrary to his Laws. I. In ſlighting, Propoſit. 2, 4.depreſſing and deſtroying the Nobles and Wiſemen of the Realm, who diſguſted his laſcivious Courſes, and in favouring ignorant, unjuſt, vicious perſons, and following their moſt wicked Counſels. 2. In baniſhing Abbot Dunſtan, and ſeiſing upon all his Goods, only for Juſtice ſake, becauſe he reprehended him for his exorbitant vicious Courſes (being then the chief ſwaying Grandee, and head of the Monkiſh faction.) 3. In forcibly thruſting out by Armed Souldiers all the Regular Monks throughout England, and caſting them forth of the Monaſteries, (there being then no Regular Monks in any Monaſteries, but only in Glaſtonbury and Malmesbury as the Chronicles of Wincheſter, and others record:) then ſeizing upon all their wealth, and beſtowing their Lands and Monaſteries on ſecular and maried Prieſts, and afflicting theſe Monks in ſundry other kinds. But gHiſtor. 1. 5, p. 356.Henry Arch-Deacon of Huntington, an antient, judicious, impartial old Hiſtorian, flouriſhing in the year 1148. mentions none of theſe particulars, in his life, but gives this honorable Teſtimony of his Government, that it was both proſperous, flouriſhing and laudable. Rex Edwi non illaudabiliter Regni infulam tenuit; Anno Regni ſui Quiuto, cum in principio Regnum ejus decentiſſimè floreret, proſpera et laet a bunda exordia mors immatur a perrupit. And therefore Archbibiſhop hAntiq. Eccleſ. Brit. p. 47. to 54.Parker, iCatologue of Biſhops in the lives of Odo & Dunſt. p. 19, 20, 21, 22.Biſhop Godwin, kHiſtory of Great Brittain. p. 403, 404.Speed, and lSpelm. concil. p. 429, 430.others conceive, that the true cauſe why the Mercians and Northumbrians, (& thoſe only, not the reſt of his ſubjects and kingdom) rejected him, and ſet up his Brother Edgar (whoſe laſciviouſneſs was more exceſſive, and vices more extorbitant in ſome degrees than Edwins, which yet our former Monkiſh Hiſtorians blanch or excuſe) was the Malice of Dunſtan, and Odo (the Pillars and Oracles of the Monkiſh Clergy;) who ſtirred up the Merciaus and ſeditious rebellious Northumbrians, againſt him, to ſet up Edgar in his ſtead, who was totally devoted to them and Dunſtan, by whoſe Counſels he was afterwards wholy guided, and built no leſs than 47 new Monaſteries for the Monks, beſides all thoſe he repaired, intending to build three more had he lived, to make them 50 compleat;, and likewiſe caſt out the ſecular and maried Prieſts out of all Monaſteries and Churches unleſs they would become Monks, repleniſhing all Monaſteries & Churches with Monks alone. They likewiſe inform us, that the true cauſes of kings Edwins baniſhing Dunſtan, ejecting the Monks, and ſeiſing their Lands and Treaſures was, That Dunſtan had ſo bewitched Edmund, Edward, Athelſtan, and Aedred his Predeceſſors, with the love of Monkery, as that they not only took violently from maried Prieſts their livings to erect monaſteries, but alſo laviſhly waſted much of their own Royal Treaſures, Lands and Revenues upon them, which they ſhould have rather employed in reſiſting the common Enemies of God and their Country, the Danes: whereupon Edwin percei…ing that all the wealth of the Land was crept into Monaſteries, not only refrained to beſtow more on them, but recalled divers of thoſe prodigal Gifts his Predeceſſors had granted them, which the Monks refuſing to render upon demand, he ſeized upon them by armed Officers, as having indeed cheated his Predeceſſors and defrauded the Kingdom of them. They adde hereunto, that King Edrid had committed all his chief Houſhold-ſtuft, Plate, Records, and the Treaſures of all the Realm, with all the Magazines he had gotten, to Dunstans cuſtody, and …aid them up in the Monaſtery at Glastonbury; yea, he committed his Kingdom, body and Soul unto him, So as all was wholly in Dunſtans power, who alone managed all the publick affairs of the Realm, and exerciſed Regal Authority. And when King Edred in his ſickneſſe demanded all his Houſholdſtuff, Jewels, Monies and Treaſures from him, Dunſtan pretending to fetch them, before he returned with them, Duſtan heard a voice (as our Monkiſh Writers fable) that Edred was dead in the Lord; and thereupon detained them in his and his Monks cuſtody, being unwilling to part with them to young King Edwin his Succeſſor, whereupon he ſeiſed on them by force, as of right belonging to him, and expelled Dunſtan with his Monks. And ſo much the rather, becauſe Dunſtan preſumed moſt impudently and violently, to ruſh into his Bed-chamber, and pull him out forcibly thence on the very day of his Coronation (contrary to all Chriſtian and Princely Modeſty) from the embraces of his beautifull and beloved Alfgina, which ſome Monks and theſe Hiſtorians report, to be his lawfull wife not his Concubine, and not content therewith, he excited Odo Archbiſhop of Canterbury, publickly to divorce her from him; ſome ſay, for conſanguinity only, and others for other Reaſons. Whereupon the king betaking himſelf to his Concubines, Odo ſuſpended him from the Church, excommunicated all his Concubines, cauſed one of them whom the king beſt affected, to be violently fetched out of the Court with armed Men, branded her in the forehead with an hot Iron, and then baniſhed her into Ireland.
After which ſhe returning into England, Odo apprehended her the ſecond time, and cut off her Sinews at the Hockbone. All which intollerable Affronts ſo incenſed Edwin, that he baniſhed and ſpoyled Dunstan with his Monks as aforeſaid, and threatned Odo with ſevere puniſhments; none others in the Realm but theſe daring then to oppoſe him: hereupon they formerly and then bearing the greateſt ſway, by way of revenge, and to prevent Edwins further fury againſt them, ſtirred up the Mercians and Northumbrians to reject him, and that in a tumultuous manner, by force of Arme, in which Uproar Edgar gained poſſeſſion of half his Kingdom. mAntiq▪ Eccl. Brit. p. 4, p. 153. Spelm. concil, p. 431. …ntonius in his life.Matthew Parker and Sir Henry Spelman out of him, ſubjoyns, that by theſe civil diſſentions raiſed between King Edwin and his Brother Edgar, they much weakned the forces of the Realm in many ſet Battels fought between them; till at laſt Edgar getting the better; Convocato ad Branfordiam Regni concilio, Fratris Edwini acta et decreta reſcendit. Aſſemblong a Council at Brandford, he repealed all the Acts and Decrees of his Brother King Edwin, reſtored to the Churches and Monasteries the Treaſures he had taken from them, recalled Dunſtan from his former baniſhment, and made him firſt Propoſ. 5.Biſhop of Worceſter, then of London, and laſt of all of Canterbury.
nDe Eventibus Angliae, l. 1. c. 5. col. 2312, 2313.Henry de Knyghton, a Canon of the Abbey of Leiceſter, relates, out of the Hiſtory of Leiceſter Abbey; That Edwin being expulſed and ſhamefully thruſt out of his kingdom, for his evil life, and exoroitant actions done againſt the Church, the Monarchy of England continued void above a year. Whereupon, many murders and wickedneſſes were committed, and infinite miſchiefs happened amonſt the people for want of Government, until holy men, both of the Clergy and People deeply affected therewith, humbled themſelves, and unceſſantly repented of their ſins, and prayed day and night to God, that he would hear them, and mercifully relieve them in ſo great neceſſity, giving them ſuch a King who might govern the Realm of England in ſuch fort, as might redound to the honour of God, and profit of the Realm. That God beholding their prayers from on high, in the night ſilence, this voice was heard from God; That they ſhould crown Edgar King, though but then a youth; who rejoyced with this Divine Oracle, (moſt likely by the Monks and Dunſtans Legerdemain, the Divine Oracle that uttered it) ſpeedily advanced Edgar to be King, being but 16 years old; and ſo he was elected and crowned King by a divine Oracle, which never hapned to any King of England in former times.
Upon Edgars Coronation oMat. Weſtminſt. wigorn. Et Sim. Duuelm, Anno 859. VVil. Malmesb. de Gest. Regum Angl. l 2. c. 8. Ethelredus Abbas de Genealogid Regnum Angl. col. 359, 360. Graft. Chron. …. 15….and Dunstans reſtitution, Anno 999.An. 959. K. Edwin reigning in a decayed Eſtate, living in little Eſteem, and without being deſired, for very grie… thereof (as ſome write) he died, after he had for 4 years ſpace, Libidinoſè ſimul & Tyrannicè, luſtfully, and alſo Tyrannically depreſſed the Realm of England: Others affirm, that he was deprived both of his Life and Kingdom, by the Rebellion of his Subjects: But his Monkiſh Oppoſites record, that he was taken away by an untimely Death by Gods Juſt Judgement, in the year of our Lord 959. Whereupon his Brother Edgar, ab omni populo electus, being elected king by all the people, united the kingdom into one, and obtained the intire Monarchy of the Realm, the kings of Cumberland, Scotland, and Wales, voluntarily ſubmitting, and doing homage to him, without any effuſion of blood, or war.
King Edgar pChron. Johan. Bromton, col. 867. Malmesb. de Geſt. Reg. Angl. l. 2. c. 8. Osburn. Capgrave, Mal. Parker, & Godwin in the life of Archbiſhop Dunſtan, Fox Acts and Mon. vol. 1. p. 200, 201. Speeds Hiſtory, p. 407, 408.About the year of our Lord 963. Anno 963.contrived the death of Earl Ethelwald, who (as ſome Authors aver) againſt his truſt, had cheated him of Elfrida, only Daughter of Ordgarus, Duke of Devonſhire, the Paragon of her Sex, by diſparaging her beauty to the king, and marrying her to himſelf. After which the king being extraordinarily raviſhed with the true reporr and ſight of her tranſcendent beauty, thereupon (as Bromtons Chronicle relates) ſtatim poſt octo dies, RexParliamentum ſuum apud Sarisberiam convocavit, Ubi cunctis ſuis Proceribus congregatis, de cuſtodia terrae Northumbriae qualiter contra ingreſſum Danorum melius poſſet cuſtodiri, tractaverunt; inter quos Ethelwolfus ad Cuſtodiam Eboraci & patriae adjacentis, in illo erat Concilio deputatus. A clear Evidence, That Matters of defence against Common Enemies, and Guardians of the Sea-coaſts againſt the Danes Invaſions, were Propoſit. 5, 9, 4.then debated and ſetled by the King and his Nobles in Parl. then uſually ſummoned by our Kings for that end. Hereupon Earl Ethelwolfe travelling through the Forreſt of Werewell towards his new VVardſhip, was there cruelly aſſaulted and murdered by ſome unknown armed perſons, there placed in ambuſcado by the king, as was commonly reported, and as ſome relate by king Edgar himſelf, who ſhot him through with an Arrow, as they were there hunting together. The ſlain Earls Baſtard-Son being there preſent, beholding his dead Corps, the king demanded of him, how ſuch a hunting pleaſed him? who anſwered, very well my Lord and King; for that which pleaſeth you ought not to diſpleaſe me: which anſwer ſo pacified this kings ſwelling mind, that he loved no perſon more entirely all his life than this Young man. Tyrannici facti offenſam in Patrem ſedulitate Regiâ in filium allevans, writes Malmesbury. This being done, the king with great joy bringing Alfrida to London, there eſpouſed her, and the ſame day both of them wore a golden Crown, adorned with pretious pearls, on their heads. Hereupon Archbiſhop Dunſtan, the next morning, boldly ruſhing into the kings Bedchamber, whiles they were both in Bed together, demanded of the king, what Woman he hadlying in bed with him? who anſwered, that it was his Queen; Dunſtan by way of rebuke replyed; That he could not marry or retain her as his wife, without offending God, and the Laws of the Church, becauſe he had been Godfather to her Son, often admoniſhing the king, that he would put her away, and be divorced from her: VVhichWhich he by reaſon of his ardent love towards her, and unſatiable luſt with her, would by no means hearken to.
Anno 964. King Edgar heating of a Nun of incomparable beauty in the Monaſtery of Wilton, named Wilfrida, Anno 964.[r] Malmesb. de Geſt. Reg. l. c. 8. Osburn, Capgrave, Surius, Matthew Parker, and Godwin in the life of Dunſtan, Fox Acts and Mon. vol. 1. p. 201, 202. Speeds Chron. p. 407, 408. Spelm. Concil. p. 481▪ 482.a Dukes Daughter, took her out of the Nunnery, and frequently admitted her to his Bed: VVich being commonly blazed abroad, Arch-biſhop Dunſtan underſtanding of it, with great paſſion, and indignation of mind came to the king; who ſeeing the Archbiſhop, aroſe from the Royal Throne to take him by the hand, and give him place. But Dunſtan refuſed to take him by the hand, and with a ſtern countenance, bending his Browes, ſpake thus unto him. Thou that haſt not feared to corrupt a Virgin, eſpouſed to Chriſt, preſumeſt thou to touch the conſecrated hands of a Biſhop? Thou haſt defiled the Spouſe of thy Maker, and thinkeſt thou by flattering ſervice to pacifie the Friend of the Bridegroom? No Sir, his Friend will not I be, who hath Chriſt for his Enemy, &c. The king terrified with theſe and other thundering words of Dunſtan, and compuncted with inward repentance for his perpetrated ſin, fell down at Dunstans feet Weeping: who raiſing him up again from the ground, began to relate unto him the hainouſneſs of the fact: And finding the king ready to undergoe what ever ſatisfaction he ſhould lay upon him, injoyned him this following Penance for 7 years ſpace. That during theſe ſeven years he ſhould wear no Ctown; That he ſhould faſt twice every VVeek; That he ſhould liberally diſtribute the Treaſures left him by his Anceſtors to the poor; That he ſhould build a Monaſtery of Nuns at Shaſtesbury; That as he had robbed God of one Virgin, through his tranſgreſsion, ſo ſhould he again reſtore many to him in time to come. Moreover, That he ſhould expel Clerks of evil lives, (meaning ſecular Prieſts who had VVives and Children) out of Churches, and place Covents of Monks in their room: That he ſhould enact juſt Laws, & ſuch as were acceptable to God: and command the people to obſerve them through all parts of the Realm. VVhichWhich the king promiſing effectually to perform, was thereupon abſolved, and vigorouſly ſet himſelf to execute what he had promiſed.Anno 966.
Hereupon, in the year 966. ſSpelmanni Concil. p. 435, to 444. Mat. VVeſtm. & VVigorn. An. 963, 964, & Monaſticon. Anglic.King Edgar founded the Monaſtery of Hyde near Wincheſter, filled it with Monks, endowed them with large privileges and poſſeſſions, exempting them from all ſecular ſervices whatſoever, but theſe; …rata expeditione, Pontis Arcisve conſtructione; praeſcribed ſeveral Laws and Canons for the Monks thereof to obſerve, made by advice and conſent of his Biſhops and Nobles, and ratified by his Royal Charcer, ſubſcribed by himſelf, his two ſons Prince Edmund and Edward, his Queen, Grandmother, both the Archbiſhops, 9 Biſhops, 5 Abbots, 3 Dukes, Propoſit. 1, 10.and ſundry others, with the ſign of the Croſs annexed to their names. In which Charter there is this ſolemn curſe donounced againſt all the infringers and perverters thereof. Si quis autem hanc noſtram Donationem in aliud quam conſtituimus transferre voluerit, privatus conſortio ſanctae Dei Eccleſiae, aeternis Barathri incendiis lugubris jugiter cum Juda Chriſti proditore, ejuſque complicibus puniatur, ſi non ſatisfactione emendaverit congrua, quod contra noſtrum deliquit decretum.
The ſame year King Edgar by his regal Charter (recorded at large by tHiſtor. p. 880, 881, 882.Abbot Ingulphus) confirmed all the Lands and Privileges of the Abby of Croyland, formerly granted and confirmed to them by King Edred Propoſit. 6, 10.and his Nobles, in the preſence of both the Archbiſhops, a… the Biſhops, and Nobles aſſembled in a Council at London: who ratified it with their fubſcriptions, the ſign of the Croſs, and a ſolemn excommunication (denounced by the two Archbiſhops and three Biſhops more in Pauls Church London, in the preſence of King Edgar his Prelates and Nobles, in Octavis Pentecoſtes] againſt all Infringers of this Charter and of their Liberties.
About the year 967 as ſome, or 969. as others compute, Anno 967.King Edgar in a Great Senate or Council, by adviſe of his [u] Chron. Io. Brom. col. 870, 871. Lambardi A…chaion Spelman concil. p. … 443 to 476.Wiſemen, enacted divers civil & Eccleſiaſtical Laws and Canons, for the Government of the State and Church, thus preſaced. Leges quas (or, hoc eſt Inſtitutum quod) Edgarus Rex, freqenti Senatu, Conſilio Sapientum ſnorum, ad Dei gloriam, Regiae Majeſtatis ornam…tum, et Reipublicae utilitatem ſancivit, or Propoſit. 5.conſtituit. The 7 and 8 of his ſecular Laws in the Propoſ. 2, 3, 4.Latin, but 1, 2, 3. in the Saxon Copy, I ſhall only tranſcribe.
Hoc eſt inſtitutio ſecularis quam volo per omnia teneri. Volo ut omnis homo ſit dignus juris publici, …auper et dives quicunque ſit; et eis juſta judicia judicentur. Et ſit in emendationibus remiſſio venialis apud Deum. Et apud ſeculum tolerabilis. Et nemo requiret Regem pro aliqua cauſa, niſi domi negatur ei omne dignum recti, vel rectum impetrare non poſſit. Et de nulla emendabili re foris faciat homo pluſquam Weram ſuam (agreeable to our Kings Coronation oath, and Magna Charta) Et judex qui injuſtum judicium judicabit alicui, det Regi Cxx s. niſi jurare audeat, quod rectius judicare neſcivit. Et qui aliquem injuſte ſuperdicere praeſumat, Unde vita vel commodo pejor ſit, linguae ſuae reus erit, &c.
Anno 969. there was xEthelredus Abbas de Gen. Reg. Ang. col. 360, 361. Sim. Dun…lm. De Geſt. Reg. Ang. col. 158. Chron. Io. Brom. col. 768. Mat. VVeſtm. VVig. Hov. An. 963, 969. Polych. l. 6. c. 10. Osh. Ger. Surius. Mat. Parker, Godwin in the life of Dunſtan, Oſwald, & Ethelwald. Fox Acts and Mon. vol. 1. p. 197 to 203. Spelm. conc. p. 476. &c. Baron. Anno 969.a general Council Anno 966.aſſembled at London by king Edgar, at the inſtigation of Pope Iohn, and Archbiſhop Dunſtan; wherein (as I conceive) the King made that elegant Oration, againſt the vicious lives of the Clergy; thus expreſſing his own duty and ſupremacy over all Perſons and cauſes both Civill and Eccleſiaſtical. Juſtum proinde eſt, ut qui omnia ſubjecit ſub pedibus noſtri…, ſubjiciamus illi et Nos et animas noſtra…; et ut hi, quos nobis ſubdidit ejus ſubdantur Legibus, non ſegniter el…oremus Et meae quidem intereſ… Laicos cum aequitatis jure tractare; inter virum et proximum ſuum juſtum judicium facere, punire ſacrilegos, rebel…es ſupprimere, eripere inopem de manufortiorum ejus, egenum et pauperem à deripientibus eum. Sed et meae ſollicitudinis eſt, Eccleſiarum Miniſtris, &c. et neceſſaria procurare, et paci eorum et quieti conſulere. De quorum omnium moribus ad Nos ſpectat examen: ſi vivunt continenter, ſi honeſte ſe habent ad eos qui foris ſunt; ſi in divinis officiis ſolliciti, ſi in Docendo populo aſſidui, ſi victu ſobrii ſi moderati habitu…, ſi in judiciis ſunt diſcreti, &c. Ego Conſtantini, vos Petri gladium habetis in manibus; jungamus dextras, gladium gladio copulemus ut ejiciantur iextra caſtra leproſi, ut purgetur ſanctuarium Domini, et miniſtrent in Templo filii Levi, &c. After which directing his ſpeech to Dunſtan, Aethelwald, and Oſwald, he concludes thus. Vobis iſtud committo negotium, ut Epiſcopali cenſura et authoritate Regia turpiteriviventes de Eccleſiis ejiciamur, & ordinatè viventes introducantur. Herupon there was a Decree made in this General Council, That all Canons, Priests, Deacons, and Sub-Deacons ſhould live chaſtly (that is, put away their lawfull Wives, vow chaſtity, and become Propoſit. 4.Monks) or relinquiſh the Churches they then held: The execution whereof was committed to Oſwald and Ethelwald; Who thereupon compelled the Clergy in Worceſter, Wincheſter, and other Churche; to become Monks, renuentes verò ab omni beneficio ſpoliarunt, depriving thoſe who refuſed of all their Benefices, and putting Monks into them, qui novo quidem ſplendore vniverſam Inſulam illuſtrarunt, as our Monkiſh Writers record: or rather novo foetore contaminarunt, as others write yChron. col. 868.John Bromton informs us, that after the ſlaughter of the Nuns of Ely by Inguar and Hubba, the ſecular Prieſts enjoyed that Monaſtery one hundred years ſpace; whom King Edgar de Concilio beati Propoſ. 4.Dunſtani Archiepiſcopi, & dicti Ethe…wa…di, a… m…gnatum Regni in the forementioned General Council) expulit & fugavit for their diſhoneſt converſation.
Biſhop Oſwald having ejected the married ſecular Prieſts out of his Church at Worceſter, and introduced Monks in their places, did this year 969. as I conjecture from the premiſes (not 964. as Sir Henry S…lman computes it) (zSpelman. Concil. p. 432 to 435. See Mat. weſtm. VVigorn. and Hoveden, Anno 966. Sim. Dunelm. Hiſt. De Geſtis Reg. Angl. col. 158. … King … by the Counſel and aſſent of his Princes, Nobles and Biſhops (moſt probably in the …o…ementioned General Council, or that of London next enſuing) to ratifie this their ejection, and confirm the Church of Worceſter, with all the lands, goods, eccleſiaſtical & ſecular things thereto Propoſit. 4, 6,belonging to the Monks of that Church for ever, free from all ſecular ſervices and exactions, hard or eaſie, and from all fiſcal duties great and ſmall, known or unknown, as well of the King of Prince, as of their Officers, exceptis Arcis, & Pontis extructione, et expeditione …dntra hoſtem. And that by the ſpecial Charter, called Oswald Law, ſubſcribed by the King, Queen, both the Archbiſhops, and 3 Dukes.
aMol…nesb. de Geſtis Reg. Angl. l. 2. c. 8. p. 57, 58. Spelman. Concil. p. 483, to 10 488. Monaſt. Anglic.King Edgar, Anno 970. or 971. in the 12 year of his reign held another Parliamentary Council at Anno 970.London, where himſelf, his Mother Alfgina, Prince Edward his Son, Kined King of Scots, Maſcuſius his Admiral both the Ahchbiſhops, with the reſt of the Biſhops, and all the Nobles and great men of the Realm were preſent, by his Charters made in and ratified by this Council, this King granted and confirmed many and very magnificent Privileges to the Monaſtery of Glaſtonbury communi Epiſcoporum, Abbatum, Principumque concilio. et generali, aſſenſu, Pontificum, Abbatum, Dptimatumque ſuorum, exempting the Monaſtery and Monks thereof, not only from all Epiſcopal Juriſdiction, but likewiſe all their Lands from all Tributes and Exchequer buſineſſes for ever, Granting them Socam & Sacam &c. Toll & Teame Italibere et quiete, ſicut ego habeo in regno meo: Eandem quoque Libertatem & Poteſtatem quam ego in Curia mea habeo, tam in demittendo, quam in puniendo, & in quibuſlibet omnino negotiis Abbas & Monachi praefati Monaſterii in Curia ſua habeant. And which is a Privilege beyond all preſident, Si autem Abbas, vel quilibet Monachus loci illius latronem, qui ad ſuſpendium vel quodlibet mortis periculum ducitnr in itinere obvium habuerit, poteſtatem habeat eri…iendi eum ab imminen i periculo in toto Regno meo. The old Charter begins thus.
In nomine Domini noſtri Jeſu Chriſti. Qnamvis Decreta Pontificum, & verba Sacerdotum inconvulſis ligaminibus, velut fundamenta montium fixa ſunt, tamen plerumque tempeſtatibus & turbinibus ſaecularium rerum Religio ſanctae Eccleſiae maculis reproborum diſſipatur ac …ū …itur …ccirco profu… ū …ucceden…ibus poſteris eſſe decrevimus ut ea quae ſalubri Conſilio et communi aſſenſu definiuntur, noſtris literis roborata firmentur, &c. Hoc itaque Dunstano Dorobernienſi, atque Oſwaldo Eboracenſi Epiſcopo adhortantibus, conſentiente etiam er annuente Brithelmo Fontanenſi Epiſcopo, caeteriſque Epiſcopis, Propoſit. 6, 10.Abbatibus et Primatibus: Ego Eagar divina diſpoſitione Rex Anglorum, &c. And it concludes thus, Acta eſt haec Privilegii pagina, & confirmata apud Londonium Communi Concilio amnium Primatum meorum: Then follow the ſubſcriptions of King Egar, Alfgina his Mother, Prince Edward, Kinred King of Scots, Maſcuſius the chief Admiral, both the Archbiſhops, 6 Biſhops, 8 Abbots, 3 Dukes, and other Officers: Which Charter and Privileges at the Kings requeſt were ratified by Pope John the 13 in a general Council at Rome, Anno Dom. 971. by a ſpecial Bull, that they might remain inviolable: yet both the Abbey it ſelf, Lands, Privileges are long ſince demoliſhed, diſſipated, annihilated, ſuch is the mutabiliunity of all ſublunary things.
The ſelf ſame year (Anno 970.) [b] King Edgar by his Charter granted and confirmed ſundry Lands and [h] Ingulphi Hiſtoria. p. 883, 883.Privileges to the Monaſtery of Medeſhamſted formerly demoliſhed by the Danes, which Biſhop Aethelwold had repaired, and named Burgh, perpetually exempting it from all Epiſcopal juriſdiction, yoak, and exaction; Quatenus nec Rex, nec Comes, nec Epiſcopus, praeter Chriſtianitatem attinentium Parochiarum - nec Vicecomes, nec ulla alia major minorve perſona, ulla dominatione occupari praeſum at, excepta moderata expeditione, & Pontis Arciſve conſtructione. VVhichWhich Charter was ratified by the kings own ſubſcription, both the Archbiſhops, ſundry Biſhops, Abbots, Dukes, and other chief Officers, and the ſign of the Croſs after each of their Names.
In the year 973. cMatthew VVeſtm. VVigorn. Stm. Dunelm, Hoveden, Bromt. and others, …n. 973. Malmesb. de Geſt. Reg. l. 2. c. 8, p. 10. Hen. Huntind. Hist. c. 5. l. 356. Hoved. annal. pars prior, p. 426,King Edgar after his ſeven Anno 973.years penance expired, on the Feaſt of Pentecoſt in the Malm. de geſt. Reg. l. 2. c. 8. p. 56. Huntingd. Hiſt. l 5. p. 356. Hov. Annal pars prior. p. 426. Mat. Weſtm. Flor. Wigorn. Simeon Dunel. An. 973, 974. Chron. 10. Brom. col. 869. Ethel…edus. Geneal. Reg. Ang. col. 362. Polychron. l. 6. c. 10. f. 238. Hen. de Knyghton, De Eventibus Ang. l. 1. c. 1. VValſing. Hiſt. Ang. p. 51. Fox Acts and Mon. vol. 1. p. 200. Caxton, Graſton, Fab. Holinſh. Spred, Baker, and others in the life of Edgar. Mr. Seldens Mare clauſum. l. 2. c. 11, 1230th year of his age, was ſolemnly Crowned, and conſecrated King, and wore his Crown with great glory at Akemanceſter, alias Bath, both the Archbiſhops Dunſtan and Oſwald, with all the reſt of the Biſhops of England, ac Magnatibus univerſis, and all the Nobles being there preſent at his Coronation, and received the accuſtomed Gifts uſually given to the Nobles being at ſuch inaugurations. Soon after the ſame year this King with a very great Fleet and Army ſayling round about the Northern parts of England came to Weſtcheſter, where his eight tributary Kings or Vice-royes, (namely Kyneth king of Scots, Malcome King of Cumberland, Marcus king of Man, and many other Ilands, and the other 5 kings of Wales, Dufnall, Siferth, Howel, Iames, and Iuchill) met him as he had commanded them, and ſwore allegi…nce to him in theſe words: That they would be faithfull and aſsiſting to him both by Land and Sea. Which done, he on a certain day entred with them into a Barge, and placing them at the Oares, himſelf took the Helm, and ſteered the Barge very skilfully whiles they rowed it down the River of Dec from his Palace to the Monaſtery of St. John Bapiſt, on the other ſide, all his Dukes and Nobles following and accompanying him in other Barges: where having made his Prayers, they all rowed him thence back again in like pompe to his Royal Palace; which when he had entred he ſaid to his Nobles: That any of Anno 974.his Succeſſors might then ſay he was King of England, when with ſo many Kings following and ſubject to him, he ſhould enjoy the Prerogative of the like pompe and power. But Mr. Fox ſubjoyns; In my mind this king had ſaid much better: God forbid that I ſhould glory in any thing but in the Croſs of our Lord Jeſus Chriſt.
eMat Weſt. An. 974. 374, 375. Hen. Huntingd. Hiſt. l. 5. p. 356. Chron. 10. Brom. col. 867, De Geſt. Aug, l. c. 8. p. 58. lugulphus, Hiſtor. p. 884.The year following An. 974. Certain Merchants comming from York, arived in the Iſlle of Thanet in Kent, where they were preſently taken by the Ilanders and ſpoyled of all their goods; which king Edgar being informed of, was ſo far incenſed againſt theſe Plunderers, that he ſpoyled them of all their Goods, and deprived ſome of them of their lives; Propoſ. 2, 4.Which Huntingdon and Bromton thus record. Rex Edgarus undecimo Anno Regri ſui juſſit praedari Inſulam Tenet, Quia jure Regalia ſpreverant: non ut hoſtis inſaniens, ſed ut Rex ma…o mala puniens. The ſame year as fDe Geſt. Reg. l. 5, c. 8. p. 28.Malmesbu…y, gHiſtor. p. 883. &c.Ingulphus and hSpelman. concil. p. 488, 489.others write, king Edgar, by his regal Charter, cauſed the ſecular Prieſts to be removed out of the Monaſtery of Malmesbury and introducing Monks in their places, reſtored to them the Lands and Poſſeſſions of the monaſtery, which the ſecular Prieſts formerly enjoyed and had lea…ed …; & that upon a full hearing before the Wiſe-men, Biſhops & others in his preſence, moſt Propoſ. 4, 6,likely in a Parliamentary Council, as this clauſe in his Charter intimates. Haec a praedictis accommodata Clericis, a comenſioſo poſſeſſa eſt Edehnot…: ſed ſuperstitioſa, ſub…il que ejus diſcept…tione a Sapientibns meis audita, et conflictatione illius mendoſa ab eiſdem me praeſente convicta, Monasteriali a me rea…. ta eſt uſui. If the Council of Wincheſter (hereafter cited Anno 975.) was held in King Edgars life time, as hChron. of VVinton Spelman concil. p. 491.ſome affirm, moſt probably this debate here mentioned touching theſe Lands, was held in and before that Council, and this Charter therein made and ratified with the ſubſcriptions of the Kings, Arch-biſhops, Biſhops, Abbo…s and Dukes thereto annexed, according, to the cuſtome of that age.
Although King iMalm. de Geſt. Reg. l. 2. c. 8. Athelredus. de Genealog. Reg. Ang. col. 359, &c. Polychron. l. 6. c. 9, 10, 11. Henry Knyghton de Eventibus Ang. l. 1. c. 2. Mat. VVestm. VVigorn. Ingulphus, Huntingdon, Hoveden, Brom. Sim. Dunelm. Wil. Thorn, Fah. Caxt. Holinſh. Graft. Speed, Baker in his life. Oſburn, Capgrave, Surius in the life of Dunſtan. Spelman. concil. Mr. Seldens Mare Clauſum. l. 2. c. 11, 12. and others.Edgar in his younger daies was ſubject to many Vices, and committed ſome injurious Tyrannic… Acts, recorded by Malmesbury, Fox, Speed, and others; yet repenting of theſe his youthfull, luſtfull Vices, he proved ſuch a juſt and prudent King, that iMalmesb. de Geſt. Reg. l. 2. c. 8. Ethelredus de Genealogia Reg. Angl. col. 359. &c. Polich…on. l. 1. c. 9, 1, 11, Hen. Knighton de Eventibus Angliae, l. 3. c. c. 2. Mat. Weſtm. Wigorn. Ingulphus, Huntindon, Hoveden, Bromton, Simeon Dunetm. Wil. Thorn, Fabian, …axton, Holinſhed, Grafton, Speed, Baker in his life, Osburn, Capgrave. Snrius in the life of Dunitan. Spelmanni Concil. Mr. S…lden. Mart. Clauſum, l. 2, c. 11. 12. Antonini Ch…on. p. 2. and others.our Hiſtorians of elder and later ages give theſe large Encomiums of his Juſtice, Prudence, Piety▪ Vertues, and politique Government: wor hy perpetual memory and immitation. So excellent was he in Iuſtice, So ſharp was he in correction of Vices, as well in his Magiſtrates, Officers, and other Subjects; that never before his days was leſs felony by Robbers, nor leſs extortion or Bribery by falſe Officers; ſuch as were wicked he kept under, them that were Rebels he repulſed, the godly he maintained, and the juſt and modeſt he loved▪ the learned and vi…tuous he encouraged: He would ſuffer no m…n of what degree or quality ſoever he were to elude or violate his Laws without condigne puniſhment. In his time there was neither any private Pilferer, nor publ…ke Theef, but he that in stealing other mens Goods, would venture and ſuffer (as he was ſure) the loſs of his own Goods, and Life. He was no respecter of perſons in judgement; but judged every man according to the quantity of his Offence, and quality of his perſon. He united all the Nations under him, which were divers, by the Covenan… and Obligation of one Law: Governing them all with ſuch Iuſtice, Equity, Integrity and Peace, that he waſtile… Rex, or Edgarus Pacificus, t…e p…aceable King Edgar. In his days, not …orments, not Gibbe…s, not Ex le, not baniſhment were ſo much feared, as the offending of ſo good and gracious a King. He built and endowed no leſſe than 48 Monaſteries, and reſtored many more, endowing them with large poſſeſſions, privileges, (out of Piety and Devotion, …s theſe times reputed it) & was a great honourer, lover, promoter of the vertuous and learned Clergy, and ſuppreſſor of the vicious and ſcandalous. There was ſcarce one year throughout all his reign wherein he did not ſome great and memorable neceſſary thing for the good of his Country and people, the honour of God, and advancement of Religiòn. All which made him ſo honoured and beloved by his Subjects at home, ſo far dreaded by his Enemies abroad; that Nullas Domeſticorum inſidias, nullum exterminium alienorum ſenſit: He never felt any homebred treachery, or forein invaſion, but reigned peaceably all his days, without war or bloodſhed, which none of his Predeceſſors ever did. He was ſo far from tollerating any violence or rapine in men towards each other, that he commanded all the Wolves and ravenous Beaſts, greedy of blood, to be deſtroyed throughout his Dominions: And ſuch an Enemy was he to Drunkenneſs (the Mother of Vices, Murders Quarrels, Thefts,) wherewith the Danes had much infected the Engliſh, that to prevent and redreſs it, he cauſed Pins to be ſet in every Cup, prohibiting by ſevere Laws and Penalties, that none ſhould force others to drink, nor yet drink below thoſe Pins, in that moderate proportion which he preſcribed them. Among other his Politick deeds, for the peace and ſafeguard of his Realm againſt pillaging Pirates, and Forein Invaders, he had always in readineſs 3600 (as moſt) or 4800 ſtrong ſhips of War (as others record) to ſecure the Seas in the Summer ſeaſon, which he divided into three Squadrons or Fleets: Propoſit. 3, 9.whereof he placed 1200 in the Eaſt Seas to guard them; 1200 in the South Seas; 1200 in the Weſt Seas, (and 1200 in the North Seas, as ſome write) to prevent Piracies, and repulſe the invaſion of Forein Enemies. Theſe Ships immediatly after Easter met together every year at their ſeveral places of Rendezvous, wherewith the King ſailed round about the Iſland and Sea-coaſts, with a great force, to the terror of Foreiners, and exerciſing of his own ſubjects, ſayling with the Eastern Navy to the Weſtern parts of the Iland, and then ſending them back with the Weſtern Fleet to the Northern Coaſts, and then ſayling with the Northern Fleet to the South; pius ſcilicet explorator, ne quid Piratae turbarent. After his return from the Sea, in the Winter and Spring, he uſed to ride in Progreſs through all the Counties of the Realm, diligently to ſearch and inquire how his Laws, Statutes, Ordinances were kept and obſerved by his Princes, Great Men, and Dificers, leſt the Poorer ſort of people ſhould ſuffer preſudice, or be oppreſſed by the Greater & Richer; And whether his Judges or Juſtices judged uprightly, according to the Laws, or injured any through Brivery Malice, or Partiality, Violati Juris ſeverus ultor; being a ſevere Revenger of his violated Laws, ſparing neither Rich nor Poor, but judging him juſtly according to the quality of his tranſgreſſion. In hoc Juſtitiae in il…o fortitudinis, in utrcque Reipublicae & Regni utilitatibus conſulens, as Wiliam of Malmesbury, and Flor. of Worceſter report of him. Et ideo tempore ſuo latrones nulli fuerunt, nec aliquis qui Guerram vel turbationem in Regno movere audebat. Merito ergo non infirma inter Anglos fama eſt; nullum nec ejus, nec ſuperior is aetatis Regem in Anglia recto & aequabili judicio Edgaro comparandum: He being Flos et Decus anteceſſorum Regum, non minus memorabils Anglis, quam Romulus Romanis, Cyrus Perſis, Alex. Macedoniis Arſaces Parthis, Carolus Magnus Francis; as Malmesbury, Abbot Ethelred, Florentius VVigornienſis, Simeon Dunelmenſis, Henry Huntindon, Matthew VVeſtminſter, and *Polychron. l. 6. c. 11.others record of him, who are much more copious in his prayſes. kActs and Mon. vol. 1. p. 200.Mr. Fox cloſeth up his Encomiums of him with this Speech: As I ſee many things in this worthy Prince to be commended; ſo this one thing in him I cannot but lament, to ſee him like a Phoenix to fly alone, that of all his Poſterity ſo few there be that ſeek to keep him company.