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226 [211]

K. Egelred. Judges. Lawyers. K. Edmond Jronsyde. K. Canutus.

holesome lawes. Wherof this is one parcel conteyning good rules and lessons, for all iudges and iustices, to learne and folow.

MarginaliaA lesson for al iudges & iustices.OMnis iudex iustus misericordiam et iudicium liberet in omnibus: vt inprimis per rectam scientiā dicat emēdationem secundum culpam, et eā tamē admensuret propter indulgētiam. Quædam culpæ reputantur a bonis iudicibus secundum rectum emendandæ. Quædam per dei misericordiā cōdonandæ. Iudieia debent esse sine omni haderunga, quòd nō parcatur diuiti alicui, vel egeno, amico, velinimico ius publicum recitari. Nihil autem iniustius est, q̃ susceptio munerum pro iudicio subuertēdo: MarginaliaBrybes.Quia munera excœcant corda sapientum, et subuertunt verba iustorum: Dominus Iesus dixit: In quo iudicio iudicaueritis, iudicabimini. Timeat omnis iudex ac diligat Deum iudicem suum, ne in die iudicij mutus fiat, et humilatus ante oculos iudicis cuncta vidētis. Qui innocentem opprimit, et dimittit noxium pro pecunia, vel amicitia, vel odio, vel quacūq̀ factione, opprimetur ab omnipotente iudice. Et nullus Dominus, nulla potestas stultos aut improbos iudices constituant, quia stultus per ignauiam, Improbus per cupiditatem vitat quam didicit veritatem. MarginaliaEuil iudges worse in a cōmon wealth, thē bloudy enemies.Grauius enim lacerantur pauperes a prauis iudicibus, q̃ a cruentis hostibus. Nullus hostis acerbior, nulla pestis efficacior q̃ familiaris inimicus. Potest aliquocies homo fuga, vel defensione vitare prauos inimicos. Non ita possunt iudices quocies aduersus subditos malis de siderijs inflammātur. Sæpe etiam boni iudicies habent, malos vicarios et ministros nephandos: MarginaliaWicked officers.quorum reatibus ipsi domini constringuntur, si non eos coerceāt, et a rapacitate cohibeāt Quia dominus et minister seculorum ait: Non solum male agentes, sed omnes consentientes digni sunt æterna morte. Sæpe etiam praui iudices iudicium peruertūt, vel respectant et non finiunt causam, donec voluntas corū impleatur. Et quādo iudicāt, nō opera, sed munera considerāt. MarginaliaAgaynst wicked iudges.Impij iudices, iuxta verbum sapientum, sicut rapaces lupi vespere nil residuant vsq̀ mane. 1. de præsenti solum vita cogitant: de futura nihil cōsiderant. Malorū præpositorū mos est, vt quicquid possunt, auferāt: et vix necessarium parum quid relinquāt sustētationi. Iracūdus iudex non potest attendere rectam iudicij satisfactionem. Nam per furoris excœcationem, non perspicit rectitundinis claritatem. Iustū iudicium, vbi non persona consideratur. Scriptum est: Nō attendas personam hominis in iudicio, nec pro aliquo facies, vt a vero declines, et iniuste iudices. Susceptio muneris, est dimissio veritatis. Ex historia bibliothecæ Iornal.

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MarginaliaA wicked iudge deposed and depriued by the king.Of this kyng Egelred I finde noted in the booke of Rog. Houeden: that he deposed, and depriued from all possessiōs, a certein iudge or iusticer, named Wlgeatus, the sonne of one Leonet, for false iudgement, and other proude doynges: who notwithstandyng he loued aboue all other.

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¶ Edmond Yronside a Saxon, and Canutus Dane, Kynges together in England. 
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Foxe's narrative of the reign of Edmund Ironside and the conflict with Cnut, Foxe used his preferred sources of Fabian's Chronicle (R. Fabyan, The Chronicle of Fabian (London, 1559), book 6, ch. 204) and Brompton's Chronicle (J. Brompton, 'Chronicon Johannis Brompton Abbatis Jornalensis.' In Historiæ Anglicanæ Scriptores X. [....], ed. by Roger Twysden [London, 1652], col. 908). The latter is his exclusive source for the death of Edmund and the family's exile, and Cnut's establishment of control in England. Fabyan is used to identify the children of Earl Godwin. At the crucial point when the Anglo-Saxon aristocracy tried to prevent any further Danes being crowned kings of England, Foxe took pains to support his narrative with a passage 'taken out of the English story or chronicle copyied of certayne English clerkes' - almost certainly a further example of his further use of the Worcester manuscript version of the Anglo-Saxon Chronicle, now BL MS Cotton Tib. B IV, fols 3-86; 88-90, which had belonged to Archbishop Matthew Parker (listed as J1.14 in T. Graham, and A. G. Watson, The recovery of the past in early Elizabethan England. Documents by John Bale and John Joscelyn from the Circle of Matthew Parker, Cambridge Bibliographical Society Monograph, No. 13 (Cambridge: Cambridge University Press, 1998), p. 58). We suppose that access to the manuscript, or information about it, had been furnished by John Joscelyn to Foxe. For the passage in question, see Michael Swanton (ed. and trans.) The Anglo-Saxon Chronicle [London, 1996], pp. 175; 187-8). For the attempted invasion of Alfred from Normandy, and the story claiming that Harold banished him to the Isle of Ely and had been blinded, Foxe's marginal note intriguingly refers to a 'Historia ignoti Iutoris [leg: Autoris']' (i.e. 'history by an unknown author'). The work in question has not been identified. Fabian (book 6, ch. 209) is again used as his source for Cnut's daughters, perhaps confirmed by William of Malmesbury's Gesta Regum (book 2, ch. 189). The famous story of Cnut trying to repel the sea was too vivid for Foxe to ignore - his sources here were Henry Huntingdon's Chronicle (T. Arnold, ed. Henry of Huntingdon. Henrici Huntendunensis Historia Anglorum, the History of the English, by Henry, Archdeacon of Huntingdon, from B. C. 55 to A. D. 1154 [London: Rolls Series, 1879], book 6, ch. 17, with confirmation and emendation from Polydore Vergil (pp. 276-7) and Fabian. The laws of Cnut were probably taken from Brompton's Chronicle (cols. 918-932) though there is no way of knowing whether Foxe had also consulted Lambarde's Archainomia ([London, 1568], fols 94-124) at this juncture.

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Marginalia1016.
Edmund Ironsyde sone of Egelred, king
AFter the death of Egelred, variance fell betwen the Englishmen for the election of their kyng. For the citezens of London, with certaine other Lordes: named Edmond the eldest sonne of Egelred (a yong man of lustie and valiant courage) in martiall aduentures, both hardy and wise, and could very well endure all paynes. Wherfore he was surnamed Yronside. MarginaliaCanutus sone of Suanus, kingBut the more part of the lordes, fauored Canutus the sonne of Suanus: especially the abbates, bishops, and men of the spiritualtie, whiche before had sworne to hys father. MarginaliaThe battels betwene Edmundus & Canutus.By meanes wherof betwene these ij. martiall princes were faught many great battailes, first in Dorsetshyre, wher Canutus was compelled to flee the field. And after that they fought an other battaile in Worcetershyre, so sore, that none could tell, who had the better: but either for werines, or for lack of day, they departed one frō þe other and on the next morow fought agayne: but then Canutus was compelled to forsake the field. After this they met in Mercia, and there fought agayn: where, Edmūd(as stories say) by the treason of that false Edrik duke of Mercia (who he before had receaued to fauour) had the worsse. Thus many conflictes there were betwene these two princes. But vpō a season, when þe hostes were ready to ioyne, & at a certein tyme of a trewys taken before battaile: a knight of the partie of Edmund stode vp vpon an hyghe place, and sayd these wordes.

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MarginaliaA witty oratiō to stay bloude betwene two armyes.Dayly we dye, and none hath the victory: And when the knyghtes be dead on either part, then the dukes compelled by nede, shall accord: or els they must fight alone. And this kyngdome is now sufficient for ij. men, whiche some tyme sufficed vij. But if the couetousnes of Lordship in these twayn be so great, that neither can be content to take part and lyue by the other, nor thone vnder thother: then let them fight alone, that wilbe Lordes alone. Yf all men fight stil, at the last all mē shalbe slaine, and none left, to be vnder their Lordshyp, nor able to defend the kyng that shall be agaynst straunge enemyes and nations.

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MarginaliaTwo kinges fyght hande to hand.These wordes were so well alowed of both the hostes, and princes: that both were content to try the quarel betwen them two onely. Then the place and time was appointed where they both met, in sight of both hostes. And when either had assayd other with sharpe swordes and strokes: first, by the motion of Canutus (as some write) hastly they were both agreed, and kyssed ech other to the cōfort of both the hostes. And shortly after, they agreed vpon particion of the land: and after that, during theyr lyues they loued as brethren. Sone after, a sonne of wicked Edricus, by the mynde (as appeared afterwarde) of his father: espied, whē king Edmund was at þe draught: MarginaliaThe wicked murther of king Edmund.& with a speare (some say with a long knife) thrust him into the fundament, wherof the sayd Edmund shortlye after dyed, after þt he had raygned twoo yeares. MarginaliaTwo sonnes of Edmund Yronsyde.He lefte behinde him two sonnes, Edmund and Edward: whom Edricke the wycked Duke, after the death of their father, tooke frome their mother (not knowing yet of the death of Edmund her husbande) and presented them to king Canutus, saluting him in these wordes: Aue Rex solus. Thus Canutus after the death of Edmund Yrōsyde, was king alone of the whole realme of Englande. And afterward by the aduise of his counsayle: he sēt the foresayde sonnes of Edmunde Yronside, to his brother Suanus king of Sueueland to be slayn: who abhorring that deede, sent them to Salomon kyng of Hungarye, where Edmund beyng maryed to the kinges daughter, dyed. Edward was marryed to Agatha, daughter of hys brother Henry the. 4. emperour.

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When Canutus was stablished in the kingdome: he called a parlament at London, where (amonge other thinges there debated) it was propoūded to the bishops, Barons, and Lordes of the parlament there present: whether that in the composition made betwene Edmūd and Canutus, anye speciall remembraunce was made for the children, or brethren of Edmund, for anye particion of any part of the land. MarginaliaFlatterye, infidelitie, and vntruth in englishe lordes.Whereunto the Englishe Lordes falsly flattering wyth the foren king, and speaking agaynst their own myndes, as also agaynst their natiue countrye, answered, and sayde nay. Affirmyng moreuer with an othe (for the kinges pleasure) that they to the vttermost of their powers, would put of the blood of Edmund, in all that they might. By reason of which answere & promise, they thought (many of them) to haue purchased with the king great fauour. MarginaliaFalse vnfaythfulnes, and vncōstant mutabilitie in Englishe lords wel rewarded.But by the iust retribution of God, it chanced far otherwyse. For many of them, or the more part (such especiallye as Canutus did perceaue to be sworne before tyme to Edmund, and his heyres, and also considering that they were natiue Englishmen) he mistrusted and disdayned euer after. In somuch that some he exiled: a great sort he beheaded: and some by Gods punishmēt died sodaynly. Amōg whom wicked Edricke also the traytor (although wyth

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his
s.iiij.
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