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A34407
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A seasonable treatise wherein is proved that King William (commonly call'd the Conqueror) did not get the imperial crown of England by the sword, but by the election and consent of the people to whom he swore to observe the original contract between king and people.
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Cooke, Edward, of the Middle Temple.
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1689
(1689)
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Wing C6001; ESTC R7506
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61,016
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185
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Arch-bishop delivered to our Lord the King at Kingston that very day of his Coronation and did then forbid the King that thenceforth he should make any other Oath than that which he had made at the Holy Altar or what the Bishop should dictate then unto him In the Name of the Holy Trinity I In Nomine S. Trinitatis Ego tria promitto Populo Christiano meisque subditis do promise three things to Christian People and my Subjects The Oath of the Saxon Kings at their Coronation The Oath which William the First took at his Coronation 1. That I will peaceably govern the Church of God and the People of my Kingdom 1. That he would 1. Dei Ecclesiam ac Universum mei Imperii Populum Christianum vera pace fruiturum defend the Churches of God and all their Pastors K. William's Oath Saxon Kings Oath 2. That he would govern all People that were his Subjects with Justice and with that prudent care which became a good King. 2. That I will 2. Me Rapinam omnemque iniquitatem omnibus ordinibus interdicturum utterly interdict Rapines and all Injustice to all Orders of Men. 3. That he would both enact and himself keep right Law and to the utmost of his Power would interdict all Rapines and false Judgments 3. That I do 3. Me promissurum mandaturum in omnibus Judiciis Justitiam Misericordiam ut nobis omnibus pro infinita sua miseratione propitius fit Clemens ac Misericors Deus qui vivit regnat c. promise and will command That in all Judgments Justice and Mercy shall be mingled together to the end that God who is the Omnipotent Judg of the World and ruleth over all may be pleased out of his infinite Compassion to be propitiously good and merciful to us all 4. And he added one Article more to the Oath than was in that of the Saxon Kings and it was extraordinarily necessary to be done rebus sic stantibus and that was Quod aequo jure Anglos Francos Tractaret That he would govern both the English and French by the same equality of Law without respect to either  This Oath too Christianus Rex qui haec observaverit sibi promerebitur honorem mundanum quinetiam illi Deus aeternus miserebitur tam in hac vita presenti quam in Aeterna illa quae nunquam deficit he took at the Altar of St. Peter before ever he was Consecrated and the Clergie and Laity were equally Parties and Witnesses After which he was Anointed and Crowned by Aldred Archbishop of York for Stigand the Arch-bishop of Canterbury was not admitted to that Office because of some defect in his Investiture That Christian King who shall observe these things shall deservedly acquire all earthly Honour moreover the everlasting Lord God shall take Compassion on him as well in this Life as that which is Eternal and Endless But if he shall do contrary Aâ—â—â— irritum fecerit quod Deo etat promissum tum deinceps egregiè verget in pejus moâ— quidem in populo suo omne demum quicquid fit convertetur in pessimum to what he promised God thenceforth he shall daily decline and his Subjects shall fail in their Allegiance and every thing will be turned from bad to stark nought unless in time he reforms the Errors of his Ways Meditate often with Hoc tecum saepe meditare quod debeas in Dei Judicio gregem proferré sistere in quem Pastor in hac vita constitutus es prospice quomodo conservasti quod Christus Sanguine suo olim redemit thy self that thou shalt one day bring thy whole Flock before the Tribunal of God whose Shepherd thou art here ordained and therefore often consider with thy self and look forward how thou hast kept those whom Christ with his own dear Blood hath formerly redeemed It is the Office of an Anointed Regis Consecrati jus est male judicare nemiâ—â—â—s Viduas Orphanos Perigrinos tueri conservare latroâ—inia prohibere scortatores corrigere incestuosos disjâ—ngere ac funditus extirpare â—eneficas incantatores delere Parricidas perjuros terris exterminare pauperes eleemosynis sublevare King to judg no Man unrighteously to protect Widdows Orphans and Strangers to interdict Robberies to punish Whoredoms to separate and utterly to extirpate all incestuous Persons to abolish and cut off Witches and Enchanters to banish Parricides and perjured Persons out of his Dominions to comfort the Poor with Almes To call Grave Sober Senes Prudentes Sobrios sibi in consillarios ascribere and wise Men to counsel and advise him To chuse just and good Justos sibi in Ministros constituere quia quicquid ipsi iniustum fecerint ejus Autoritate universi illius rationem tenetur ille reddere in die Judicii Men for his Ministers and Officers because whatsoever illegal Actions they shall commit under his Authority he must at the Day of Judgment give an account for And the reason of all this is evident both from the Laws of God and Man the King is Debitor Justitiae to all his People to rule and govern them Exact Collect. p. 28 29. by Law Which as his late Majesty said is the Inheritance of every Subject and the only security he can have for his Life and Estate Ad hoc autem creatus Tract lib. 3. fol. 107. a. b. est electus writes Bracton ut Justitiam faciat Vniversis and that dum facit justitiam Vicarius est Regis aeterni Minister autem Diaboli dum declinet ad injuriam Henry the Third upon a Charter granted by his Father King John and confirmed by himself declares Qui vero id quod dictus Pater Rot. Claus â— H. 3. pars prima m. 18. noster eis per Chartam suam concessit nos postmodum annuimus infringere nssquaquam volumus sicut nec de jure dehemus much less a Coronation Oath Edward the first tells the Pope upon a Message sent him That he could not answer without consulting his Parliament and gives this for his Reason Jurejurando in Coronatione nostra prestito Rot. Claus 3. E. 1. m. 9. â—â— Schedula sumus adstricti quod Jura Regni nostri servabimus illibata nec aliquid quod Diadema tangat Regni ejusdem absque ipsorum requisito consilio faciemus Observe lastly that Edward the Third that famous Conqueror of two Kings the Scottish and French hath left recorded to Posterity a definitive Sentence and Judgment in this Point as an indisputable rule of Right and Justice That he ought and was bound by Pulton Stat. 25. E. 3. f. 150. his Coronation Oath to keep the Law of the Realm This Law of the Realm or Land Cited in White ' s Sacred Laws p. 69. was looked upon in the judgment of these Parliaments as * 27. E. 1. the Law of Ancient Time â€
Writ to summon a County Court The Debate lasted three days before the Freemen of the County of Kent in the presence of many chief Men Bishops and Lords and others skilful in the Laws and the Iudgment passed for the Arch-bishop Lanfrank upon the Votes of the Freemen This County Court was holden by special Summons and not by adjournment as was allowable by the Saxon Law upon special occasions And this Suit was originally begun and had its final determination in the County Court. And the County Courts in those days were of so great esteem that two of the greatest Peers of the Realm one a Norman the other an Italian did cast a Title in fifteen Mannors two Lordships with many Liberties upon the Votes of the English Freeholders in a County Court and that the Sentence was allowed and commended by the King and submitted to by all But 2. The Hundred Courts were still 2. Hundred Courts continued and they were of two sorts The first whereof was holden twice a Year and all the Free-holders within the Hundred were bound to appear for the service of their Fees and was the Sheriff's Court and such appearances were called the Sheriffs Turnes where it belonged to Sheriffs to enquire of all Personal Offences and of all their Circumstances done within those Hundreds The other was the more ordinary Court belonging to the Lord of the Hundred to whom also belonged the Fines in cases there concerned This Court was to be held once in each Month and no suit to be begun in the King's Court that regularly ought to begin in the Hundred No Distringas to issue forth till three demands made in the Hundred And three Distresses then to issue forth and if upon the fourth the Party appear not execution then to be by Sale of the Distress and the Complainant to receive satisfaction 3. And so likewise were the Court Barons c. continued and the Lords held Pleas either in their own Persons or by their Stewards But not to forget Sir your Question I shall now shew you what the Soveraign Court of Parliament was and whom it consisted of in the Saxon Times and for this I think it will be needless to give you any more than one Instance which as by the way it does impreguably assert That the Commons of England were an Essential and Constituent Part of the Saxon General Councils so doth it I think fully and clearly refute and The Anoâ—imous 〈…〉 p. 20. â—n the Margin baffle that novel Erroneous Notion viz. That there are no Commons to be found in the Saxon great Councils Idem p. 13. 14. nor any thing that tends towards the proof of the Commons of those Times to have had any share in making Laws in those Councils The memorable Instance is the mighty Law of Tythes which was made and ordained A Rege Baronibus Populo Laâ—â—â—â—â—â— â—â—â—priscis 〈◊〉 Legiâ—us 〈◊〉 fol. â—39 Spelm. 〈◊〉 Tom. 1. 〈◊〉 â—â— By the King his Barons and his People Now William the First in that little time of Rest he had from Forreign Wars with the French King and his Neighbouring Princes to Normandy did apply both it and himself in the setling of Laws here which was done not ex plenitudine Regiae Potestatis no nor by the Norman Barons co-operating with that Power but by the joint Advice and unanimous Consent of the Grand Council of the Lords and wise Men of the Kingdom of England To prove which I shall produce the Testimony of Ancient Writers whom no Man of Historical understanding can modestly impeach of Partiality Faction or Interest in the Case in Question I. The first shall be taken out of the Lambard fol. 158. Chronicle of Litchfield which tells us That this William in the fourth Year of his Reign at London Consilio Baronum suorum by the Advice of his Barons caused a General Meeting or Assembly to be summoned Per universos Angliae Comitatus omnes Nobiles Sapientes suâ Lege eruditos ut eorum Leges consuetudines audiret i. e. of all the Nobility wise Men and such as were skilled in the Laws through all the Counties of England to hear what their Laws and Customs were And after this was done at the request of the English Community he did consent that they should be confirmed and so they were ratified and kept throughout all his Kingdom The words are Ad preces Communitatis Anglorum ex illo die Magna Authoritate veneratae per universum Regnum corroboratae conservatae sunt Leges Sancti Regis Edwardi prae caeteris Regni Legibus From this Testimony I think it will plainly appear 1. That the Barones sui here of William cannot absolutely exclude the English and only signify his Norman Barons upon those Authorities and Reasons I have already offered to prove That there were equally Barones Francigeni Angli nostri in his Time as you may see in my Argument under the third Question 2. That the King having by the Counsel of these his Barons summoned all the Nobility wise Men and those that were skilled in the Laws of the Land throughout all the Counties of England he then and there ratified and confirmed the Laws of St. Edward 3. And to prove that this general Assembly of the Nobility wise Men and able Lawyers were a PARLIAMENT I shall now give you the Judgment of Mr. Selden in his own words Selâ—en's Tit. of Hon. f. 580. which are these viz. That William the first in the fourth Year of his Reign or MLXX. which was the Year wherein he first brought the Bishops and Abbots under the Tenure of Barony Consilio Baronum suorum saith Hoveden p In Hen. 2. p. 343. E. Lond. out of a Collection of Laws written by Glanvill Fecit summoniri per universos Consulatus Angliae Anglos Nobiles Sapientes sua Lege eruditos ut eorum jura Consuetudines ab ipsis audiret And twelve were returned out of every County who shewed what the Customs of the Kingdom were which being written by the hands of Aldred Arch-bishop of York and Hugo Bishop of London were with the Assent of the same Barons for the most part confirmed in that Assembly which was a Parliament of that Time. And a little lower he saith This might be the same Parliament wherein the Controversy between Thomas Arch-bishop of York he was consecrated after the death of Aldred the same Year and to the same Year this Controversy is attributed and Vlstan Bishop of Worcester touching certain Possessions was determined So that from hence 't is easy to observe That 1. There were English Men in this Council by the words ANGLOS NOBILES c. And 2. Besides the Confirmation of the Laws of St. Edward here mentioned it may reasonably be supposed That the Law for bringing the Bishops and Abbots under the Tenure of Barony was first made in this Parliament And that 3. Likewise the great Case