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A33624 Argumentum anti-normannicum, or, An argument proving, from ancient histories and records, that William, Duke of Normandy, made no absolute conquest of England by the Sword, in the sense of our modern writers being an answer to these four questions, viz. I. Whether William the First made an absolute conquest of this nation at his first entrance?, II. Whether he cancelled and abolished all the confessor's laws?, III. Whether he divided all our estates and fortunes between himself and his nobles?, IV. Whether it be not a grand error to affirm, that there were no English-men in the Common Council of the whole Kingdom? Atwood, William, d. 1705?; Johnson, Samuel, 1649-1703.; Coke, Edward, Sir, 1552-1634.; Petyt, William, 1636-1707.; Cooke, Edward, of the Middle Temple. 1682 (1682) Wing C4907; ESTC R1971 61,200 184

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Regis Edwardi In his second Charter dated Anno 15. of his Reign he saith in honour of King Edward who made me his Heir and adopted me to Rule over this Nation In his Charter dated 1088. of the Liberties of St. Martins the Great in the Manuscript thereof are these words In Example of Moses who built the Tabernable and of Solomon who built the Temple Ego Guilielmus Dei dispositione consanguinitatis Haereditate Anglorum Basileus c. The Charter of Hen. 1. his Son to this Abby in honour of Edward my Kinsman who adopted my Father and his Children to be Heirs to this Kingdom c. In another Charter of Hen. 1. in the Book of Ely he calls himself the Son of King William the Great who by Hereditary Right succeeded King Edward It is true as to his pretence of Title by the Will of the Confessor Mathew Paris objecteth That the Devise was void being without the consent of the Barons To which may be answered That probably the Law might be so in Hen. 3. Time when Paris wrote and was so taken to be in the Statute of Carlisle and in the Case of King Iohn But at the time of Duke William's Invasion the Law was taken to be That a Kingdom might be transferred by Will So was that of Sixtus Rufus and Asia came to the Romans by the Will of King Attalus the words by Annaeus Florus are Populus Romanus Bonorum meorum HAERES esto Bithinia came to the Romans by the last Will of their King Nicomedes which is remembred by Vtropius together with that of Libia Cicero in his Oration tells us That the Kingdom of Alexandria by the last Will of their King was devolved to Rome And Prasutagus Rex Icenorum in England upon his Death-bed gave his Kingdom to the Emperor Nero. As to Examples in this Point at Home This King William the first by his Will gave England to his younger Son William Rufus King Stephen claimed by the Will of Henry the first King Henry the eight had Power by Act of Parliament to order the Succession of the Crown as he pleased by Will And the Lords of the Council in Queen Mary's Time wrote to her That the Lady Iane's Title to the Crown was by the Will and Letters of Edward the sixth As. the case of Hen. 8. was by Act of Parliament so Duke William after he had conquered Harold was by the general consent of the Barons and People of England accepted for their King and so his Title by Will confirmed And he both claimed and governned the Kingdom as an Heir and Successor confirmed their Antient Laws and ruled according to them This appears by Chronica Chronicorum speaking of William the Bastard King of England and Duke of Normandy he saith That whereas as St. Edward had no Heir of England William having conquered Harold the Vsurper obtained the Crown under this Condition That he should inviolably observe those Laws given by the said Edward It is testified likewise by many of our Historians That the Ancient Laws of England were confirmed by Duke William Iornalensis saith That out of the Merchen-Lage West-Saxon-Lage and Dane-Lage the Confessor composed the Common Law which remains to this day Malmesbury who lived in Duke William's Time saith That the Kings were sworn to observe the Laws of the Confessor so called saith he because he observed them most religiously But to make this Point clear out of Ingulphus he saith in the end of his Chronicle I Ingulphus brought with me from London into my Monastery Crowland the Laws of the most Righteous King Edward which my Lord King William did command by his Proclamation to be Authentick and Perpetual and to be observed throughout the whole Kingdom of England upon pain of most heinous punishment The lieger-Lieger-Book of the Abby of Waltham commends Duke William for restoring the Laws of the English-men out of the Customs of their Country Radburn follows this Opinion and these Laws of Edward the Confessor are the same in part which are continued in our GREAT CHARTER of LIBERTIES A Manuscript entituled De Gestis Anglorum saith That at a Parliament at London 4. W. 1. the Lawyers also present that the King might hear their Laws he established Saint Edward's Laws they being formerly used in King Edgar's Time There is also mention of the twelve Men out of every County to deliver truly the Estate of their Laws The same is remembred by Selden's History of Tythes and Titles of Honour and in a Manuscript Chronicle bound with the Book of Ely in Cotton's Library One of the worthy Gentlemen from whom I differ in Opinion was pleased to say That if William the Conqueror did not introduce the Laws of Normandy into England yet he conceives our Laws to be brought out of France hither in the time of some other of our Kings who had large Territories in France and brought in their Laws hither else he wonders how our Laws should be in French Sir I shall endeavour to satisfy his Wonder therein by and by but first with your leave I shall offer to you some Probabilities out of the History That the Laws of England were by some of those Kings carried into France rather than the Laws of France brought hither This is expresly affirmed by Paulus Iovius who writes That when the English Kings reigned in a great part of France they taught the French their Laws Sabellicus a Venetian Historian writes That the Normans in their Manners and Customs and Laws followed the English Polydore Virgil contradicting himself in another place than before cited relates That in our King Hen. 6. Time the Duke of Bedford called together the Chief Men of all the Cities in Normandy and delivered in his Oration to them the many Benefits that the English afforded them especially in that the English gave to them their Customs and Laws By the Chronicle of Eltham H. 5. sent to Cane in Normandy not only Divines but English Common Lawyers by the agreement at Troys So there is much more probability that the Laws of England were introduced into France and Normandy than that the Laws of Normandy or any other part of France were introduced into England If the Normans had been Conquerors of England as they were not but their Duke was only a Conqueror of Harold and received as Hereditary King of England yet is it not probable they would have changed our Laws and have introduced theirs because they did not use to do so upon other Conquests The Normans conquered the Isles of Guernsey and Iersey yet altered not their Laws which in their local Customs are like unto ours The like they did in Sicily Naples and Apulia where they were Conquerors yet the Ancient Laws of those Countries were continued I hope Mr. Speaker I have by this time given some satisfaction to the Worthy Gentlemen who differed from me that the Laws of England were not imposed upon us by the Conqueror nor brought over
Mannors he had and as appears in Hampshire he had at least two Mannors Cerdeford and Eschetune from his Ancestors before William's Entrance And even this is a ground to believe he was a great Man that he had a Sir-name or Addition Because if we believe the Great Antiquary Camb. Rem p. 136. Mr. Cambden Sir-names were not setled among the Common People fully till about the Time of Edw. 2. 2. The Earl of Moreton a very powerful Prince ●pse Comes ●enuit Estreham T.R.E. as I may call him held Estreham in Tenrige Hundred in the Time of King Edward He enjoyed several other great Possessions of the Gift of King William I doubt not indeed but he was Norman born yet he was here before the entrance of the Norman Duke and might not improbably be in Favour with King Edward the Confessor Camb. Rem ● p. 136. who was all Frenchified He to be sure had some Lands within the Kingdom of England which he enjoyed not from William's Division Pag. 176. Hampshire 3. Ralph Mortimer held several Possessions some of which he had Iure Haereditario from before the Reputed Conquest Ipse Radulphus tenet Ordie This Mannor T.R.E. extra Ecclesiam emptum fuit eo pacto conventione ut post tertium haeredem cum omni pecunia Manerium Ecclesia Sancti Petri de Episcopatu recuperet nunc qui tenet Radulphus est tertius haeres Dorsetshire Dorsete 4. Ten Thains hold Chimedecome Ipsi tenuerunt T. R. E. pro. 1. Manerio Omnes qui has terras tenuerunt T. R. E. potuerunt ire ad quem Dominum volebant Staffordshire Statfordscire 5. Alric holds Stagrisgeshowe And Aswold holds Chrochesdene And 14. more hold Lands of Titles Ipsi has Terras renuerunt T. R. E. Prior to King William's amongst which the Earls Hugh de Ferriers and Alberic de Vere the first of which held St. Warburgh of Chester in the Time of the Confessor 6. And lastly Vctred held several Lands in the Time of King Edward as in the Time of William the First Besides several dispossessed who have their Titles allowed I think these six Instances are enough referring the more curious to Mr. Attwood's Book before mentioned or to the great Survey it self to bear out my Assertion That the English had Estates and Fortunes still in their hands which they held in King Edward's Time and did not derive under King William's Title Having now given you these six Individuals I shall offer you three more and they are from the Charters of King William the one to the Dean of St. Pauls confirming to him the Lands c. belonging to that Church and this was upon the day of his Coronation too The other is to the Abby of Westminster and the third to the City of London granting to them the Liberties and Franchises which they enjoyed in the Time of Edward the Confessor To begin with that made to the Dean of St. Pauls 1. Ego Willielmus Dei Gratia Rex Anglorum Carta Regis Williel Conquestor in Appendice in Histor Eccles. Cathedr S. Pauli By Sir Will. Dugdale fol. 190. unà cum Mathilda Reginâ Principibusque meis coram conventu Sacerdotum Dei Reverendis scilicet Archiepiscopis Aldredo Stigando caeterisque Episcopis Abbatibus hujus Patriae terras Monasterii Sancti Pauli quae in tempore Antecessorum meorum à quibuslibet hominibus ablatae fuerant injustè detentae omnes in die primi Diadematis Coronationis meae Deo ejusque Apostolo Paulo in Lundonia eorum servitoribus in perpetuùm possidendas restitui eas ex omni parte liberas esse concessi 2. William the first gives the Church of Westminster Cartae Antiq. C. C. n. 31. decimam de Wic de eadem parte quae ad me pertinebat atque iterùm reddidi eandem partem eis injustè ablatam quàm Rex Edwardus antea dederat So that we see that as on the one hand William the First gave them the Tithes of that part which was his right so likewise he restored the Tithes of that part which was unjustly taken from that Church and which Edward the Confessor had before given And no Conquest was here pretended but the Precedent proves the quite contrary viz. that there was none insisted on 3. And now I come to that respecting the City of London Williem King grets Williem Bisceop and Godfred * Porteregravan portgrave Saxonicè Porterefan ealle ya Burghwarn binnen London Frencise Englise frendlice Hollinshead's 3 d Vol. fol. 15. 2. Col. n. 21 IC kiden eoy yeet IC wille yeet git ben ealra weera la gayweord ye get weeran on Eadwerds daege Kings And IC wille yeet aelc child by his Fader yrfnume aefter his Faders daege And IC nelle ge Wolian yeet adnig man eoy aenis wrang beode God eoy heald Willielmus Rex Salutat Willielmum Episcopum Goffridum Portegrefium omnem Burghware infra London Frans. Angl. amicabilitèr Et vobis notum faeio quòd ego volo quòd vos sitis omni lege illa digni qua fuistis Edwardi diebus Regis Et volo quod omnis Fuer sit Patris sui haeres post diem Patris sui Et ego nolo pati quòd aliquis homo aliquam injuriam vobis inferat Dens vos salvet Englished in Stow's Survey of London Stow 's Survey of London fol. 740. thus William King grete William Bishop and Godfrey Porters and al the Burgeis within London Frensh and English And I grant you that I wyll that yee be all your Lawe worth that ye were in Edwardis dayes the King And I wyl that ich Childe be his Faders Eyer And I nyl suffur that ony Man you any wrongys beed And God you kepe Now 't is evident from this Charter 1. That it was made immediately upon or after the Coronation of William because you see he stiles himself King 2. This may seem to justify not only what the Historians who lived nearest his Time as Pictaviens●s c. but what his own Laws do likewise declare viz. That he was crowned King by compact with the English and at the same time swore inviolably to observe King Edwards Laws which he confirmed to them 3. With this further That he denounced a severe Prohibition that no Man should offer any affront or do any wrong to the Citizens of London 4. And for a compleat assurance of all this his Love and Kindness to the City he concludes with a Prayer to Heaven That God would keep and bless them But by the way give me leave to shew you though I think likewise it does not a little contribute to the strength and validity of my Argument the Greatness and Power of the City of London in those early Times I shall transcribe the words of a Learned Writer concerning it and so leave it to your more serious consideration William Stephanides
Iani Anglorum Facies Nova And his Ius Anglorum ab Antiquo You would likewise I suppose be extreamly pleased in the perusal of another Learned and Modest Book written by an Anonymous Anthor entituled Patriarcha non Monarcha Authors for whose Names Posterity will have a greater respect than we at present have and that for their discovery of Truth and refuting so many Vulgar Errors I am SIR Your most Faithful Servant c. FINIS The Appendix ABbas de Middleton tenet in Capite de Domino Rege Mannerium de Middleton c. ex Feoff●menti Regis AEthelstani nullum servitium fecit nisi Orationes In Rotulo de Inquisitionibus Dominicorum Dorse●shire An● 4to R. H. Fil. R. I. Here we see that King AEthelstan who reigned above 740 Years agoe infeoffed the Abbey of Middleton of the Mannor of Middleton and that by virtue thereof the Abbot held it in Capite 4. H. 3. and did no Service for it but only to pray for the Souls of him and other succeeding Kings and all this you see found by Inquisition in the Fourth Year of Hen. 3. Rot. Cartar 19. H. 6. Nu. 16. m. 27. per Inspex Pro Decano Capitulo Sancti Martini Magni London per Inspeximus Inspeximus Cartam quam celebris Memoriae Dominus Willielmus quondam Rex Angl. progenitor ' nostri fecit Deo Ecclesiae Sancti Martini Magni London in hec verba QUia inter multa bona opera quae fideles Christi pro animarum suarum salute operantur hoc precipun estimatur tenetur Quod institution edification Sanctae Matris Eccte devota mente impenditur in qua suorum Dei supplicationibus peccata a pio Deo diluuntur quod Moises in mystici Tabernaculi constructione pmonstravit quod etiam Salomonis industria pfiguravit dum Templum Dno Artificiosum honorabile edificaret suturam significans Eccleam summo a fidelibus debere honore decorari quorum vidlt exemplo in nomine Dm nri Iesu Christi Ego Willus Dei dispositione consanguinitatis haereditate Anglorum Basileus Normannorumque Dux Rector eujusdam fidelis mei Ingelrici scilicet petitioni acquiescens Archiepiscoporum Episcoporum Abbatuum Comitum Vniversorum procerum meorum Sacro Consilio parens omnes possessiones terrarum quas tempore venerabilis ac dilectissimi cognati predecessoris mei Regis Edwardi Idem Ingelricus acquisierat ꝙ ipsius insignissimi Regis Animae Salute necnon peccatorum meorum Remissione concedo Regia auctoritate imppm corroboro confirmo Deo Eccle Beati Martini quam infra muros London sitam pfatus Ingelricus Erardus Frat ejus de propriis suis Redditibus in delictorum suorum Remediun honorabiliter ad Dei laudem Canonicalem Regulam imppm servand tenend construxerunt Sunt igitur haec terrarum nomina c. Et si quas alias libtates vel consuetudines aliqua Ecclearum Regni mei Angl meliores het si quis vero hoc in aliud quam concessimus transferre psumpferit cum Juda Proditore Dei h●e●edibas luat penas Scripta est haec Chartula An ab Incarnatione Dm M. LX. VIII scilicet secundo Anno Regni mei pacta vero est haec Donatio die Natali● Dm postmodum in die Pentecost confirmat quando Matil conjux mea in Basilica Sancti Petri Westm in Reginam divino nutu est consecrata c. Ego Willus Rex Anglorum Dux Normannorum sub Sigillo Sancte ✚ quas indeclinabiliter consensi atque ✚ rol oravi Ego Matil Regina consensum prebui Ego Ricus Regis Fil annui Ego Stigandus Archiepiscopus subscripsi Ego Aldredus Archiepiscopus confirmavi Ego Willus Lond Episcopus infra cujus muros pfatum Monasterium situm est signaculo Sancte Crucis subarravi libtatem omnimodam quantumcumque mee ꝑtinet possibilitati concessi Ego Odo Baiocensis Episcopus concessi Ego Hugo Luxoniensis Episcopus intersui Ego Goiffridus Episcopus corroboravi Ego Hermannus Episcopus concessi Ego Leouricus Episcopus concessi Ego Giso Episcopus concessi Ego Edwinus Abbas Ego Wolwaldus Abbas Ego Baldwinus Abbas Ego Agelsinus Abbas Ego Turstinus Abbas Ego Brand Abbas Ego Alswinus Abbas Ego Sithricus Abbas Ego Wills Fil Osbti Comes Ego Robtus Frat Regis Comes Ego Edwinus Comes Ego Robtus Comes Ego Marchere Comes Ego Waldeof Comes Ego Rogerus de Monte Goverii Comes Ego Ricus Fil Gislebti Princeps Ego Wills Malet Princeps Ego Arfastus Regis Cancellarius Ego Michael Regis Capellanus Ego Gislbtus Capellanus Ego Osbinus Capellanus Ego Wills Capellanus Ego Thomas Capellanus Ego Bernardus Capellanus Ego Walterus Capellanus Ego Robtus Capellanus Ego Johes Sancte Romane Ecclie Cardinalis Presbit per Gallias Angl concedente Papa Alexandro vices Apostolicas gerens huic constitutioni interfui quantum Aposto ✚ lice Sedi ꝑtinuit libtatem Ecclie psenti Signo confirmavi Ego Pe●rus Sancte Romane Ecclie similit Cardinalis Presbit Cancellarius ab eodem Papa in Angl ele ✚ gatus huic Constitutioni acquiescens propria Manu subscripsi I give you this Charter Sir as a further Proof and Evidence for me in these Particulars viz. 1. You may observe by these words Consanguinitatis haereditate Anglorum Basileus that here King William made an absolute disclaimer of Conquest in the second Year of his Reign and only insisted on what he knew full well was his surer hold his claim by Hereditary Right 2. And this is so much the more considerable as it was done in his Great Council of Arch-bishops Bishops Abbots Earls Vniversorum procerum suorum a word of a large signification as well in Historians as in Ancient Records for under the word Proceres were comprehended Principes Civium vel Civitatis And the former Instances I have given you of other General Councils and the Parts thereof in this King's Reign fully agree with this Interpretation 3. The Claim and Protestation of the Commons made the Parl. 2d H. 5. Rot. Parl. 2. H. 5. Pars secunda N. 10. which says That so as hit hath ever be their Liberte and Freedom that thar should no Statute ne Law be made of lasse then they yaffe thereto their assent considering that the Commune of your Lond the which that is and ever hath be a Membre of your Parliament been as well Assentirs as Petitioners And which was ratified and confirmed by the King and Lords and so became an Act of Parliament was but an Affirmation and Declaration of the Ancient Law of the Land And the same Right cannot be denied by any Man to the Lords 4. And that he confirmed as the Custom of succeeding Kings have done to this day all the Possessions of those Lands to the Church of St. Martins le Grand which they had in the Time of EDWARD the CONFESSOR Now if this fond Notion of William's