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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Absolute Conquest be true then either the Arch-bishops Bishops Abbots Priors Earls Barons and Commons in Parl. 15. R. 2. knew it or they did not That they were ignorant of it is not easily to be presumed because they lived within ten of three hundred Years ago and no doubt but there were some Learned Men among them that knew the ancient Constitutions of the Nation And if they did then were they guilty of the greatest madness and folly that ever was when the Commons prayed that King En plein Parlement que nostre Seigneur le Roy s●it estoise ausi frank en sa Regalie Liberte Dignite Royale en son temps come ascuns de cest Noble Progenitors Rot. Parl. 15. R. 2. N. 13. Roys d' Eng● furent en lour temps nient contresteant ascun Estatut on Ordinance fait devant cest hures a contraire mesment en derogation de la Libertee Franchise de la Corone qu'il soit adnulle de nul force puis touz les Prel●tes Seigneures Temporels prierent en mesine le manere sur ce nostre Seigneur ledit Roy mercia les dits Seigneurs Communes de la grant tendresse affection qu●ils avoient a la Salvation de son Honeur de son Estate a cause que lour dit priers requestes luy semblerent honestes resonables il sagrea assenta pleinement a ycelles Now can any Man of but an ordinary understanding think That the Parliament intended by this Act to out themselves of all their Ancient and Legal Rights and totally to give up their Estates and Fortunes to the King 's absolute Disposition Is it possible almost to be supposed that they designed to confound and overthrow the whole Polity and Government of the Kingdom and reduce all to the Arbi●rary Will and Power of a New Conqueror without a Conquest What Man is there that is not become servile to Common Opinion and implicit Suppositions of so Inventive a Faculty as to conjecture such grand Absurdities And yet these and many more are the direct Consequences of those that endeavour to maintain and justify these pernicious Principles For the Petition and Law is that Rich. 2. should be as free in his Regality Liberty and Dignity Royal as any of his Noble Progenitors Kings of England then it naturally follows That he was to be as Free and Absolute as William the Conqueror And then what is the Conclusion and Result The Anonymus Author against Mr. Petyt p. 43. But that the English were neither to have Estates nor Fortunes left them and therefore it could be no great Matter to them by what Law Right or Property Men held their Estates And so farewel to Parliaments But we know and are well assured That never any such Imagination entred into the Minds of the Lords and Commons in 15. R. 2. Ras. Stat. 15 R. 2. f. 161. not only by the Laws made then in that Parliament but by those in the next Parliament held the next Year after Id. 16. R. 2. fo 163. The Commons granted to the King That pur la grant Affiance Affection and Assurance for the great Trust Rot. Parl. 16 R. 2. N. 8. Affection and Assurance they had in the Noble Person of the King in his most excellent Knowledg and his most sage Discretion and also for the great tenderness they had for his Crown and the Kingdom les drots dicels and the Rights thereof s' accorderant assenterent they agreed and assented in full Parliament That the King by good deliberation and Assent of the Lords of his Wise Council might take the whole Matter touching the Statute of Provisors to him and that he should have full Power and Authority to modify the said Statute against the Pope and Court of Rome and to Ordain by the Deliberation and Assent aforesaid in such manner as he should think best to the Honour of God and of Holy Church and the Salvation of the Rights of his Crown and of the Estate and Profit of this Realm and to put the same in execution when done And that au proschein Parlement at the next Parliament all the Matter aforesaid should be fully shewn as ditz Communes to the said Commons and the Reason thereof is memorable viz. au sin quils purront alors par bon avisement agreer si Dieu plest a y●elles That the Commons then might upon good advice agree thereto if it should so please God From all which it evidently appears 1. That no Law could be made in Richard the Second's Time or in any of his Progenitors Kings of England which cannot but take in William the First without the Assent of the Lords and Commons in Parliament 2. That none of those Kings could abrogate or make void such Laws when made without the like assent 3. That though the General Phrase viz. That King Richard should be and stand as free in his Regality Liberty and Dignity Royal in his Time as any of his Progenitors were in Theirs and that the King says That the Desires and Requests of the Commons seemed honest and reasonable to him and therefore he gave his Royal Assent to that Law Yet neither the King nor the Lords could ever believe that it was honest and reasonable or that it was any part of the Liberty and Dignity of the Crown to change the whole Frame and Constitution of the English Government by altering and making Laws at Will by taking away the Subjects Possessions and bestowing them upon whomsoever he pleased by destroying the ancient Course and Power of Parliaments and in a word by turning all things topsy turvy And thus we have the Evidence and Proof of the greatest Authority that can be given against the Absurdity as well as falseness of King William's Absolute Conquest viz. a Law and Statute of the Kingdom To conclude all I shall make bold to borrow the words of that great Assertor of the Protestant Cause against the Intollerable U●urpations of Papal Power the so eminently Learned and Pious Thomas now Lord Bishop of Lincoln in his Treatise of Popery or the Principles and Positions approved by the Church of Rome c. in Quarto pag. 116. and say If any Man can truly and impartially as to the sum and substance of the Testimonies here cited for I neither need nor will undertake for every particular Circumstance or Typographical Error either shew 1. That I have misquoted the Authors and Books I cite and that such Passages do not occur in the places quoted 2. Or if they do occur that I have mistook their meaning as to the Purposes for which they are produced I say If any Man can and will ingeniou●●y shew me either of these I shall be so far from not confessing my Fault or declaring how I was misled into it that I shall have a bearty value for any such friendly admonition and receive it with all the grateful acknowledgment as becomes me For my only design is the Detection of Error and Establishment of Truth to future Generations and not to have the World imposed upon by the Tricks Impostures and Artifices which too many have been guilty of either to promote their own particular Gain and Interest to which such care not what they Sacrifice or upon a far worse and more grievous Consideration to bring the whole Nation into dividing Parties and Factions and thus by Embroyls and Entanglements to throw them at last into fatal Convulsions to the destruction both of Prince and People FINIS

by Divine Providence And they much relyed upon the force of that Solemn Dath he took and great cause they had for their doing so for Remarkable is it that in the beginning of his Reign he made a conscience to keep it and this the Historian plainly proves for so far was he from pretending to be a Conqueror or from exercising absolute Power and Soveraignty over the English that you see he denied to none right Judgment who required it of him he condemned none but those who deserved it by the condemnation of the Law he strictly commanded his great Men to whom he had given the Estates of those who had been bold in Arms against him under King Harold that they should behave themselves with all due moderation and temper and he invited them to Acts of Iustice by his Example He charged them always to have God before their Eyes by whose Arms they had so far overcome That they should nay ought not too much to oppress those they had got the better of who were Christians with them lest those whom they had justly subdued should by such their Oppressions be forced to rebel again he strictly forbad them all Violences that they should restrain themselves from all Cruelties and Rapines That as the People should be kept in Peace by his Arms so their Arms should submit to and be governed by the Laws Nor did he only give this admirable Advice Apud Lambar LL. Wil. prim fol. 170. c. 55. but he prudently governed himself and set easy Boundaries to those Services Taxes Aids quod de jure facere debent which were due to him by the Law he absolutely denied all Pardons and Grace to Robbers and all disturbers of the Publick Peace and wicked Persons He commanded all the Roads to be free and open for Travellers and that no Injuries should be done them so that the beginning of his Reign was as it were a Golden Age and his Clemency and other Acts of Goodness still shone brighter to the happiness of his Subjects which was confirmed towards the Loyal and Dutiful by his steady and commendable perseverance Where in all this is there any pretence to absolute Conquest and despotical Dominion And now to conclude I shall produce an Evidence that is omni exceptione major it is Gulielmus Pict avensis who as Ordericus Vitalis in fine litri tertii writes was Regis Gulielmi Capellanus and writ the Acts of William the First And he categorically says it That Nulli tamen Gallo datum est quod Anglo cuiquam injustè fuerit ablatum that is according to the Judgment given in Sharborn's case That those who had kept themselves unconcerned and had neither consilio vel auxilio assisted Harold against William had the full and free benefit of the Saxon Laws and had not their Estates unjustly taken from any of them and given to his French and Normans Gulielm Pictavens in Gesta Gulielm Ducis Norman Regis Anglorum fol. 208. But I will leave this Sir and now come to your fourth and last Question The Fourth Question IV. Whether it be not a Grand Error to affirm The Anonimus Author against Mr. Petyt p. 37. That there were no English Men in the Common Council of the whole Kingdom OVr Government In his Argument for the Bishops Right in judging in Capital Causes in Parliament Postscript p. 2 saith the Learned and most judicious Mr. Hunt by a King and Estates of Parliament is as ancient as any thing can be remembred of the Nation The attempt of altering it in all Ages accounted Treason and the punishment thereof reserved to the Parliament by 25. Ed. 3. The conservancy of the Government being not safely to be lodged any where but with the Government it self Offences of this Kind not pardonable by the King because it is not in his Power to change it This is Our Government and thus it is established and for Ages and immemorial Time hath thus continued a long succession of Kings have recognized it to be such This too perhaps will be granted Sir in some sence that for a long Series and Tract of Time the Government hath been so but the main pinch and stress of your Question as I apprehend it is this Whether after William the Conqueror had setled himself as well as he could on the English Throne he did admit any of the English to sit in the Great Council of the Nation and to Advise and Consult de arduis Vrgentibus negotiis Regni And I hope this I shall make plain and evident to you That the Grand Court of Parliament was in substance the same that it was before the coming in of this Conqueror and that there were English Men Members of it in the Time of the Conqueror 'T is not to be denied but that the same Courts that were in the Saxon Time for administration of Justice continued after William the first was made King and the Footsteps of them remain yet to this day I shall mention a few and so come to the main Point in Argument 1. County Courts 1. As it was their Wisdom to preserve the Ancient Land-marks LL. Hen. 1. c. 6 apud Lambard fol. 180. so was it likewise both their Wisdom and their Care to continue their due Privileges and Interests Their County Courts were still kept up and every County had its Court and every Court its wonted Jurisdiction L L. Guil. c. 42 fol. 168. no complaint must be to the King's Court if Right might be done in the County no Distress must be taken but by Warrant from the County and that must be after complaint thrice made L L. Guil. c. 6●● The County Court must be called as our Ancestors have appointed such as will not come as they ought shall be first summoned and in case of default distrained at the fourth default Reddatur de rebus hujus hominis quod calumpniatum est quod dicitur Ceargel insuper Regis forisfactura that is The Complainant shall be satisfied out of the Distresses so taken and the King also for his Fine These are the express Laws of the Conqueror's own establishment The last of which also was confirmed by another express Law saving that he would allow but of two Summons and two Distresses before Execution I shall give you a memorable case to prove the continuance of this Court Odo Selden 's Titles of Honour 2d Part c. 5 f. 581 ● Eadmer His. Nov. l. 1. p. 9 videsis notas ad eundem p. 197. de placito apud Pinendenem inter ●anfrancum Archiepis●opum Odonem Bajocens●m Episcopum the Conqueror's half Brother was by him made Earl of Kent and therewith had the Gift of a large Territory in Kent and taking advantage of the King's displeasure at Stigand the Arch-bishop of Canterbury possessed himself by Disseisin of divers Lands and Tenements belonging to that See Lanfrank the succeeding Arch-bishop being informed hereof petitioned