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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

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

their proper Land Or under some base Favourites Command May they whilst others riot with their Stores Without Relief beg at their Native Doors Vnder their Countries Curse their Tyrant's Scorn May they with never-ceasing Pangs be torn Who violate the Sacred Trust to which they 're born But blest be Thou and all who dare like Thee Bravely assert their Countries Liberty Our well-built Freedom thou dost make to appear And its Foundation from Time's Rubbish clear The Norman swore to Laws by which we 're free Laws were more his than our Security Him King the People's joint Consent alone Did make which by that Sacred Oath he won Or that same joint Consent had made him none We were no Norman Slaves nor French could be Had we enough True Englishmen like Thee But now my Muse before you end take care Humbly to close up all with Heav'n in Prayer Prayer for that King who doth Great Britain Rule Who of this Isle is th' Vniversal Soul In whom so many glorious Vertues shine As make him seem to be of Race Divine May Heav'n continually His Guardian prove And keep Him safe in all His Subjects Love Long may unruffled Peace adorn His Crown May all the Laws in their smooth Channel run And flowing Iustice still support His Throne Thus blest and thus united here at Home What cannot Britain's Monarch overcome Oh may Great Edward's and Fifth Henry's Soul By Heav'nly Pow'r be transfus'd to him whole May He ride Mighty Admiral of the Seas Scourging His stubborn Enemies into Peace His Envying Neighbours all their Powers disown Strike to His Flag and tremble at His Frown And th' humbled World be glad to pay him fear And awful veneration every where That this may be May the Illustrious Senate of the Land With their Wise Councils ever by him stand He pleas'd in them and they resolv'd to show What th' utmost stretch of Loyalty can do Then will his Glories shine in brightest state At th' Head of such a joint Triumvirate Then King and People doubly will be blest And Europe then enjoy a lasting Rest. For this let all our Vows to Heav'en be sent To see Great Charles happy in 's Parliament Argumentum Anti-Normannicum SIR YOu were pleased some time since in my happiness of a short but free conversation with you to tell me You had a mind to read how far I could give you satisfaction in a few Points you had raised to your self concerning the Norman Conquest and that within a little while I should have a Paper from you wherein they should be contained You were not long Sir in justly acquitting your self of your promise to me I did receive the Furniture of these ensuing Arguments by the four Questions you sent me and hope there is nothing to be found in them but unbyassed and venerable Truth which surely none will be offended to hear I have endeavoured to pay all possible Respect to You and to Justice and as far as my Abilities could reach in so small a Treatise have impartially offered my Thoughts upon them and now beg your candour in judging me Your Questions Sir are these The First Question I. Whether William Duke of Normandy who was afterwards William the First got the Imperial Crown of England by the Sword and made an absolute Conquest of the Nation at his first Entrance The Second Question II. Whether this first William did abolish all the English Laws and changed the whole Frame and Constitution of the Government The Third Question III. Whether it be true That the English had neither Estates nor Fortunes left but all was divided between the King and his Normans The Fourth Question IV. Whether it be not a grand Error to affirm That there were no English Men in the Common Council of the whole Kingdom I shall take them Sir in the order you have sent them to me and so first begin with your first Question The First Question Whether William Duke of Normandy who was afterwards William the First got the Imperial Crown of England by the Sword and made an * For England thus much I dare speak and under the rule of Modesty protest That sithence the Vniversal Conquest of William who first commanded and imposed Tribute upon this Land for Conquerors may command Tribute and Subsidie have been as justly both by the Law of God and the Law of Nations paid in England as in Jewry yea and justly continued as a remembrance of a Conquest Dr. Pulbec Pandects of the Law of Nations c. 10. p. 69. One Blackwood wrote a Book which concluded That we are all Slaves by reason of the Conquest Vid. Mr. Pety● Misc. Parl. p. 66. And t● is Position is maintained by an Anonimus Author in his full and clear Answer to Mr. Pety●'s Ancient Right of the Commons of England asserted Pag. 35. in the Margin Absolute Conquest of the Nation at his first entrance AS you have stated the Question Sir and desire to know what is my Opinion of it with submission to others better informed and who are more able to maintain the Truth of those Principles I proceed upon than my self I shall return you this modest Answer as my Sence and Judgment in the Point viz. That I cannot conclude in the Affirmative for these several constraining Reasons 1. That William laid a far greater stress upon his Claim and Titles to this Kingdom than ever he did upon his great and mighty Conquest will be very plain and evident if you please but to consider with me these following Particulars 1. In that before his Conquest when the People had chosen Harold the Son of Earl Godwin for their King after the Death of Edward the Confessor and had put aside Edgar Atheling by right of Blood and Inheritance entitled to the Crown This Norman Duke made his loud Complaints of the Injuries done him in not electing him for he was * Edward the Confessor was Son to Ege●●ed K. of England by Emma Sister to Rich. ● Duke of Normandy who was Grandfather to Duke William so that K Edward and Duke William were Cosen Germans once removed as this farther shews you Richard 1. Richard 2. Emma Robert Edward William Cosen German to the Confessor who died † Edward married Edith the Daughter of E. Godwin but whether upon a vow of Chastity or upon impotency of Nature or upon any hatred to her Father or suspicion against her self for all these Causes are alledged by several Writers of those Times he forbore all private Familiarities with her without Issue and therefore pretended that the Right truly devolved upon him But it seems as ill luck would have it this Duke they knew to be a Bastard and neither the Saxon Law nor the Norman Custom could help him in such a Case and so that Title did him but little good Well what therefore was to be his next Work Why 2. Truly his Pretence was then That the Confessor had designed him for his Successor

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

Abbots under the Tenure of Barony was first made in this Parliament And that 3. Likewise the great Case between the Arch-bishop of York and this same Bishop of Worcester was here judicially determined And 4. If there were no English Men in this great Council how then came it to pass that the Bishop of York and London were there who certainly were Bishops in the Saxon Times And it may also seem not improbable that there was then an universal Consent among them that these two Bishops should be intrusted to write down for them the English Laws 5. And there is one great Thing more to close withal which is That at this Parliament when the Saxon Laws were confirmed there was a particular Law past in favour of the Normans Catta Regis Willielm apud Lambard c. 54. fol. 170. qui ante adventum Guilielmi Cives fuerant Anglicani that they should be participes Consuetudinum Anglorum quod ipsi dicunt Anhlote Anscote persolvant secundum Legem Anglorum The meaning of the words Auhlote ●●d Anscote as Sir Henry Spelman Sir H. Spelm. Gloss. verbo Anhlote f. 31. informs us is vulgò Scot ● Lot that is That every such French Man should not be charged with double Taxes and Duties as a Foreigner but that he should pay his easy share and proportion as any natural English Man But then II. It was in such a grand Assembly of wise Men of the Kingdom where Lanfranc was elected to the See of Canterbury for it was by the Assent of the Lords and Prelats and of the whole People that is to say by the Parliament of England This likewise was about the fourth Year of the Conqueror And an Ancient Historian writes thus of his Election Gervas Dorobernens Act. Pont. Cant. fol. 1653. l. 5. Eligentibus eum Senioribus ejusdem Ecclesiae cum Episcopis ac Principibus Clero Populo Angliae in Curia Regis in Asumptione Sanctae Mariae But another Contemporary Writer gives it you in these words Rex mittens propter illum in Normanniam Relat. Willielm prim ad finem tract de Gavelkind à Syla Taylor p. 194. fecit eum venire in 〈◊〉 gliam eique Consensu Auxilio omnium Baronum suorum omniumque Episcoporum Abbatum totiusque Populi Angliae commisit ei Dorobernensem Ecclesiam III. There was another General Council or Parliament held at Westminster Ex Ca●tulario Coenobii Westmonasteriensis in Biblioth Cotton sub effigie Faustinae A. 3. Dugd●l Orig. Ju●idic sol 16. in the fourteenth Year of this King where by his Charter he confirmed the Liberties of that Church after he had subscribed his own Name with the Sign of the Cross adding many of the great Clergy and Temporal Nobility and instead of cum multis aliis says multis praeterea illustrissimis Virorum personis Regni Principibus diversi ordinis omissis qui similitèr huic confirmationi piissimo affectu Testes Fautores fuerunt Hii autem illo Tempore à Regia potestate diversis Provinciis Urbibus Provincia i.e. Comitatus Seld. Tit. Hon. fol. 273 Spelm. Gloss. ● it Provincia f. 471. ad Universalem Synodum pro causis cujuslibet Christianae Ecclesiae audiendis tractandis ad praescriptam Celeberrimam Synodum quod Westmonasterium dicitur Parliamentum Synodus magna nuncupatur Somneri Gloss. Convocati c. In the Margin of the Book there is writ this Remarque Nota hic hos omnes convocari à Rege suâ auctoritate ad causas Religionis tract andas tàm Nobiles de Clero quàm Principes Regni cum aliis inferioris gradus Convocatio quorum videtur esse Parliamentum IV. I think by the general direction of the Writs of this King as also by that of his Charters some of which I have given you in my Argument to your third Question and therefore shall refer you back to them it is plainly demonstrable that William had as well English Barons as French Barons and that his Barons were always a part of his great Council will hardly I suppose be denied by any And that one Law of his which may be called the First MAGNA CHARTA in the Norman Times by which the King reserved to himself from the Free Men of this kingdom nothing but their free Services due to him according to Law in the conclusion saith That they L L. Guilielm c. 55. to wit the English shall hold and enjoy their Estates well and in peace free from all unjust Exactions and Tallage and this ratified and confirmed by the Common Council of the whole Kingdom which cannot be restrained to the Norman Barons only So that herein is asserted the Liberty of the English Free-men and of the Representative Body of the Kingdom These I think are uncontrovertible Proofs and Evidences 1. That there were General Councils or Parliaments in this first William's Time 2. That in these Parliaments the English Barons as well as the French Barons were present 3. And lastly That there likewise was as an essential part thereof 1. The Communitas Anglorum the Community of English-men 2. Besides the Bishops and Nobility there were the Clerus Populus the Inferior Clergy and People of England And 3. Not only the Great Clergy and the Temporal Nobility but the Principes diversi Ordinis a Regia potestate diversis Provinciis Vrbibus ad Vniversalem Synodum Convocati c. viz. The Chief and Principal Men of several Ranks and Degrees in Condition were summoned by virtue of the King 's Writ out of their several respective Counties Cities and Burroughs to this General Synod or Parliament And Sir if this be so I doubt not but that both your self and all judicious and unbiassed Persons who have not resolved to espouse a Party and who will not suffer themselves to be drawn aside by any novel unwarrantable Opinions but will fairly submit their Judgments to clear and perspicuous Truth when once it manifestly appears I say both you and they will certainly rest satisfied in these great and powerful Authorities which I have here presented to publick view and serious consideration and I think these have sufficiently made out and proved That 1. William the first vulgarly called the Conqueror did not get the Imperial Crown of England by the Sword nor made an absolute Conquest of the Nation at his first entrance 2. Nor that he abolished all the English Laws or changed the whole Frame and Constitution of the Saxon Government But 3. That the English had still Estates and Fortunes continued to them and that it was a great mistake in any to affirm That the King and his Normans divided and shared them all among them As likewise 4. In the fourth place It has been a grand Error to ascertain That there were no English Men in the Common Council of the whole Kingdom in the Reign of William the Conqueror Now Sir as a corroborating Testimony to explain and

enforce what I already have said I shall conclude my Discourse at present with a very memorable and studied Speech of a Person of great Learning and Abilities in his Time collected out of a large Original Manuscript which I have seen of Sir Roger Owen a very great Antiquary that lived in the Time of King Iames and one who as appears by that Book was a Man not only of wonderful Knowledg and admirable Observation in the Records and Histories of his own Nation but also in those of Foreign Countries This was a Speech of the then Lord Whitlock in Novemb. 1650. upon the House's long and smart Debate touching the Act for putting all the Books of Law and the Process and Proceedings in Courts of Iustice into the English Tongue In which Debate some spake in derogation and dishonour of the Laws of England For some vindication whereof and for satisfying some Mistakes he delivered his Opinion in the House to this effect It is now newly printed in Mr. Whitlock's MEMORIALS OF THE ENGLISH AFFAIRS c. and is here truly transcribed Mr. Speaker THe Question upon which your present Debate ariseth is of no small moment nor is it easily or speedily to be determined for it comprehends no less than a total Alteration of the Frame and Course of Proceedings of our Law which have been established and continued for so many Years I should not have troubled you with any of my weak Discourse but that I apprehend some Mistakes and dishonour to the Law of England if passed by without any Answer may be of ill consequence and having attended to hear them answered by others who are not pleased to do it I held my self the more engaged in the duty of my Profession to offer to your Judgment to which I shall always submit what I have met with and do suppose not to be impertinent for the rectifying of some Mistakes which are amongst us A worthy Gentleman was pleased to affirm with much confidence as he brought it in upon this Debate That the Laws of England were introduced by William the Conqueror as among other Arguments he asserted might appear by their being written in the French Tongue In his first Assertion that our Laws were introduced by William the Conqueror out of France I shall acknowledg that he hath several both Forreign and Domestick Authors whom he may follow therein The Forreign Authors are Iovius AEmilius Bodine Hottoman Dynothus Volateran Berault Berkley Choppinus Vspargensis Malines and Polidore who affirm this erroneous piece of Doctrine but the less to be regarded from them because they were strangers to our Laws and took up upon trust what they published in this Point Of our own Country-men they have Paris Malmesbury Matthew Westminster Fox Cosins Twyne Heyward Milles Fulbeck Cowell Ridley Brown Speed Martyn and some others All of them affirm That the Laws of England were introduced by William the Conqueror But their Errors are refuted by Sir Roger Owen in his Manuscript who saith That Roger Wendover and Matthew Paris were the first Monks that hatched these addle Eggs. I shall endeavour to shew you That the Original of our Laws is not from the French that they were not introduced by William the Conqueror out of Normandy And I shall humbly offer to you my Answer to some of their Arguments who are of a contrary opinion Polydore Hist. Angl. l. 9. affirmeth That William the Conqueror first appointed Sheriffs and Iustices of the Peace erected Ten●res brought in Trials by twelve Men and several other Particulars of our Laws For Sheriffs their name Scire Reeve shews them to be of the Saxon Institution And our Histories mention the division of Shires by King Alphred but in truth it was much more ancient And it is apparent by our Books and Records some whereof are in the Hustings of London and in the Tower that the same things were in use here long before the Time of King Will. I. Sir Roger Owen shews at large That Livery of Seisin Licenses or Fines for Alienation Daughters to inherit Trials by Iuries Abjurations Utlaries Coroners disposing of Lands by Will Escheats Gaols Writs Wrecks Warranties Catalla Fellonum and many other parts of our Law and the Forms of our Parliaments themselves were here in being before the Time of Duke William Agreeing hereunto are many of our Historians and learned Antiquaries But it is objected That in the Grand Custumary of Normandy the Laws are almost all the same with ours of England and the form of their Parliaments the same with ours That the Writer of the Preface to that Book saith It contains only the Laws and Customs which were made by the Princes of Normandy by the Councel of their Prelats Earls Barons and other Wise Men which shews the forms of their Parliaments to be the same with ours and the Laws in that Book to be the proper Laws of Normandy and ours to be the same therefore they argue that our Laws were introduced from thence by William the Conqueror This will be fully answered if that Grand Custumary of Normandy was composed in our King Edw. 1. his Time as good Authors hold it was then it cannot be That our Laws or Parliaments could be derived from thence These Learned Men say That this Custumary was a meer Translation of our Law-Book Glanvill as the Book of Regia Majestas of the Laws of Scotland is and the like of the Laws of Burgundy They farther add That the first establishing of the Custumary of Normandy was in Hen. 1. his Time and afterwards again about the beginning of Edw. 2. his Time If the Laws in the Custumary were introduced there from England it will then be granted that the Laws of England were not introduced here by William the Conqueror But I think it very clear that their Laws were brought to them out of England and then you will all agree to the conclusion Our King Hen. 1. conquered Normandy from his Brother Robert and was a Learned King as his Name Beauclerke testifies whom Ivo calls an especial Establisher of Iustice. Sequerius relates That this King established the English Laws in Normandy Herewith do agree Gulielmus Brito Armoricus Rutclurius and other French Writers who mention also That the Laws in the Custumary of Normandy are the same with the Laws collected by our English King Edward the Confessor who was before the Conqueror An additional Testimony hereof is out of William de Alenso Revile who in his Comment upon the Custumary saith That all the Laws of Normandy came from the English Laws and Nation In the Custumary there is a Chapter of Nampes or Distresses and decreed That one should not bring his Action upon any Seisure but from the Time of the Coronation of King Richard and this must be our King Richard the first because no King of France was in that Time of that Name and the words Nampes and Withernams were Saxon words taken out of the English Laws signifying a Pawn

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-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