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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

Mat. Paris 1. Antiq Brit. Eccles. 96. and by his last Will had bequeathed this Kingdom to him And this was confirmed by the consent of the Nobility and principally of Harold himself and hereupon considering how Harold had trickt him and set the Crown on his own Head he sends over several Ambassadors with Commission to require him to remember the Oath he had formerly made to the said William in the time of his Extremity when he was his Prisoner in Normandy Which was That he the said Harold should assist him in the obtaining of the Crown of England if ever Edward died without Issue 3. And receiving but unkind Returns from Harold Wil. M●lmesb 〈◊〉 3. fol. 56. l. 25● by way of Answer to his Demands which thus the Historian relates De Regno addebat praesumptuosum fsuisse quòd absque Generali Senatus Populi conventu Edicto alienam illi haereditatem juraverit That as for him to take an Oath to deliver up the Inheritance of any Realm without the general consentand allowance * That is without the assent of the Wittenagemot Mycel Synod or Parliament of the Senate and People could not but be a great piece of presumption yea altho' he might have just title so to do † Praeterea iniquum postulat ut imperio decedat quod tanto favore civium regendum susceperit Malmsb. l. 3. f. 56. l. 30. wherefore it was an unreasonable Request of the Duke now to require him to renounce the Kingdom in which he was so well setled to the good liking and content of his People This Norman Duke not to be his own Judg refers himself to the Pope then Alexander the second to decide the Matter and so resolved that the infallible Chair should determine who had the Justest Title to the Crown and Kingdom Harold or Himself And the good old Gentleman who would not be behind-hand with him in civility for so great a kindness as was the Appealing to him and so flattering him with a Judicatory Power over Princes easily was induced to pronounce sentence on William's behalf But all these blustering Pretences of nearness in Blood which it seems his Son Henry thought to be the best flower in his Garland when he * In his Charter whereby he advanced the Abby of Ely into the degree of a Bishoprick calls himself the Son of William the Great pray Sir be pleased to observe it is not of William the Conqueror Qui Edwardo Regi Haereditario Iure successit in Regnum Seldeni ad Eadmerum Notae Spicileg fol. 211. lin 39. Who succeeded to King Edward in the Kingdom by Right of Inheritance or the Confessor's bequest of the Crown to him Or lastly the Pope's definitive Sentence in William's favour All these blustering Pretences of his I say availed but little with Harold and therefore you must think it could not but incense the Duke of Normandy very greatly so that he had now a just cause of open quarrel against Harold for the Reasons you have heard And thereupon convening his Parliament or Assembly of three Estates which consisted of the Clergie Nobility Nobility is taken in France for Gentlemen as well as for Earls or persons of like dignity and Commons V●●stegan's restitution of decayed Intelligence in Antiquities dedicated to King James pag. 173. the Nobility in fine promised to serve him and the Clergie and People to aid him with Mony according to their several Abilities and such offers as they made were forthwith set down in writing by a Secretary there present So that being thus supplied and assisted with several other of his Friends he makes for England and was no sooner arrived at a place in Sussex called Pevenessey now Pemsey and got well on Land but by his Proclamation he declared upon what Occasions he thus entred the Realm and so preparing to give Harold Battle he hereby seemed as if he would have all the World to know his Quarrel was more Personal than National But this I will speak more particularly and largely to when I come to mention some of the Charters he made after he was established King And as Perjury seldom or never escapes unpunished so here was a visible Instance of the Divine Justice upon Harold for his breach of Oath and Covenant to the Duke for in the Battle of Hastings he met with his Reward losing both his Crown and his Life at once and leaving William to finish the day with Victory over those that were yet resolved to dispute the Cause with him And now being rid of his stubborn Enemy and in the heat of the Chase got to London he possessed himself of that Kingdom which he pretended was his own by Right before from the Titles we have already mentioned Yet however it was in no such haughty and insulting way as many boast of and would gladly have their unwary Readers to believe upon their bare Credit and Testimony but he chose the more grateful and complying Artifices of a Courtier and setled himself in it by a kind of mutual Agreement and express compact as now I hope will be clearly demonstrated by what I shall offer to you after this his pretended absolute Conquest For 1. Tho' he was victorious over his great Adversary Harold yet if he had been an absolute Conqueror as hath been of late so vigorously asserted by our Modern Writers what urgent necessity was there for him or how did it stand him in such mighty stead still to keep himself armed with the aforesaid Titles that so he might have the more colourable pretence of Right and Justice on his side in laying a legal Claim to this Imperial Crown For me-thinks if he had a full possession upon such a forcible entry as is pretended this had been a stronger Title than any thing else he could have alledged for how could or durst a vanquished enslaved Nation dispute with him when he rode triumphing on their Backs and had lashed them into an entire submission of vassalage But 2. Let us see the manner of this first King William's Coronation and whether or no he did not take an Oath at the same time which was in sence and substance if not just in the words themselves the very same with that which the Ancient Saxon Kings used likewise to take upon their Coronations And for your full satisfaction herein I shall give you the parallel of them both together and begin first with The Oath of either King Edward In vitae AElf●edi Magni fol. 62. or King Ethelred for Dunstan crowned both of them at Kingston about the Year 970. Promissio Regis vel Edvardi vel AEthelredi utrumque enim Dunstanus Kingstoniae Coronavit circa Ann. 970. This writing Hoc Scripto de litera ad literam descriptum est ad scriptum illud quod Dunstanus Archiepiscopus tradebat Domino nostro Kingstoniae ipso illo die quo Consecratus erat in Regem

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

INJUSTA AB OMNI TALLAGIO ita quod nihil ab eis exigatur vel capiatur nisi SERVITIUM SUUM LIBERUM quod de Iure nobis facere debent facere tenentur prout STATUTUM est eis illis à nobis datum et concessum JURE HaeREDITARIO in perpetuum PER COMMUNE CONCILIUM TOTIUS REGNI NOSTRI praedicti The Second Branch is 2. Hoc quoque praecipimus Id c. 63. UT OMNES HABEANT ET TENEANT LEGES EDWARDI REGIS in omnibus rebus adauctis hiis quas constituimus AD UTILITATEM ANGLORUM Sir I think by these two Branches you may plainly see King William when he came in was so far from forcibly taking away the Lands and Possessions of the English and sharing them among his Normans that he doth if possible more strongly establish their Es●ates to them by confirming the good and ancient Laws of Edward the Confessor which were their best security of all they enjoyed before his entrance and not only so but by freeing them from all unjust Taxes and Exactions excepting only their free Service which of right was owing to him and which they were to do as it was agreed on by themselves and granted by him to them by hereditary Right for ever and that by the Common Council of the whole Kingdom and this was done too wholly for the sake and benefit of the English I shall trouble you Sir with one more very memorable Record as late as to the 26. Hen. 3. which shews That from before the coming in of this Norman Conqueror down to that Time the English had a Property continued to them and so then this MIGHTY MAN of VICTORY did not govern them as an entire and absolute Conqueror what-ever our late Writers have been pleased to publish to the World The words of the Record are Pro Iacobo Archamgere Communia de Term. ●●nct Mich. 35. sin An. 36. incipien H. 3. Ro● pr. penes Remem dom Thes. Rex Baronibus Jus Anglorum ab Antiq. p. 112 113. Serjantia tempore Edwardi Confes. Mandamus vobis quod occasione arrentationis Serjantiarum assessae per Robertum Passelewe non distringas Jacobum de Archamgere per 2. Marc. dimid de Tenemento quod de nobis tenet per Serjantiam in Archamgere in Comitatu Southampton c. per Chartam Beati Regis Edwardi Antecessoribus ipsius Jacobi super hoc confectam sed ipsum Jacobum de praedictis 2. Marcis dimid ' quietum esse faciatis in perpetuum quia Chartam praefati beati Edwardi confirmavimus ipsam volumus inviolabiliter observari Breve est in forulo Marescalli Mandatum est Vicecomiti South-hampton comparat die Iovis die 15. Ian. Anno Domini c. The English of it is this For Iacob Archamgere The King to the Barons We command you that by the occasion of the Rent of Serjanties assessed by Robert Passelewe you shall not distrain Iacob of Archamgere by two Marks and an half for the Tenement which he holds of us by Serjantie in Archamgere in the County of Southampton and granted by the Charter of the Blessed King Edward to the Ancestors of this Iacob but he the said Iacob shall for ever be freed from the aforesaid two Marks and an half because we have confirmed the Charter of the aforementioned St. Edward and we will have it to be inviolably observed I shall make no Remarks upon this Charter because it is obvious to every intelligent Reader the thing I drive at is to prove That the English were not violently dispossessed of their Properties which they quietly held and enjoyed in the Time of Edward the Confessor but that they still enjoyed them as before notwithstanding all the vain pretences to the contrary And now Sir I shall close up this third Point with a remarkable Passage or two out of Ordericus Uitalis a famous Historian who lived and writ in the latter end of the Reign of H. 1. and beginning of K. Stephen and for that reason must needs be admitted next to a Testis Ocularis for a Testimony beyond all exceptions His words are Omnia disponente Deo in spatio trium mensium per Angliam pacata sunt cunctique Orderic Vitalis Eccles Hist. lib. 3. fol. 503. Praesules Regnique Proceres cum Willielmo concordiam fecerunt ac ut Diadema Regium sumeret sicut Mos Anglici Principatus exigit oraverunt Hoc summoperè flagitabant Normanni qui pro fasce Regali nanciscendo suo Principi subierunt ingens discrimen maris Praelii Hoc etiam divino Nutu subacti optabant Indigenae Regni qui nisi coronato Regi servire hactenus erant soliti The next Paragraph but one to this goes on thus Denique Anno ab incarnatione Domini MLXVII Indictione V. in die Natalis Domini Angli Lundoniae ad Ordinandum Regem convenerunt Normannorum Turmae circa Monasterium in armis equis nè quid doli seditionis oriretur praesidio dispositae fuerunt Adelredus itaque Archiepiscopus in Basilica Sancti Petri Apostolorum Principis quae Westmonasterium nuncupatur ubi Edwardus Rex venerabiliter humatus quiescit in praesentia Praesulum Abbatum Procerumque totius Regni Albionis Gulielmum Ducem Normannorum in Regem Anglorum consecravit Diadema Regium capiti ejus imposuit Gulielmus Rex multa Lundoniae postquam coronatus est prudentèr Id. lib. IV. fol. 505 506. justè clementerque disposuit quaedam ad ipsius Civitatis commoda vel dignitatem alia quae genti proficerent Universae Nonnulla quibus consuleretur Ecclesiis terrae Jura quaecumque dictavit optimis rationibus sanxit Judicium Rectum nulla persona nequicquam ab eo postulavit Neminem nisi quem non damnare iniquum foret damnavit Suis quoque Primatibus digna se gravitate praecepit diligenter aequitatem suasit Esse jugiter in Oculis habendum aeternum Regem cujus vicerint praesidio Nimium opprimi victos non opportere victoribus professione Christianâ pares nè quos justè subegerint injuriis ad rebellandum cogerent Seditiones interdixit caedem omnem rapinam fraenans ut Populos armis ita legibus Arma. Tributis cunctis rebus ad Regium siscum reddendis modum qui non gravaret imposuit Latrociniis Invasionibus Malesiciis locum omnem intra suos terminos denegavit Portus quaelibet itinera Negotiatoribus patere nullam injuriam fieri jussit Sic omnino proba ejus in regnando initia fuere incrementa probitatum ad utilitatem Subditorum liquidò fulsere que in bonis perseverantia laudabilisque finis evidentibus signis confirmavere The sence of which is King William having sworn inviolably to observe the Laws of Edward the Confessor as I have already acquainted you and being crowned King the whole English Nation in three months time quietly submitted to him which the Historian observes to be