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 [Page v] 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 [Page vi] 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, 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, [Page vii] 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.

[Page viii] 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 [Page ix] 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.

[Page x] 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, [Page xi] 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.]

[Page xii] 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; at (que) illi interdice­bat ne ullam sponsionem daret praeter sponsionem illam, quam depo­suerat in Altari Christi, quemadmodum Episcopus illi dictaret. punctually to a Let­ter, corresponds with that Writing which Dunstan the 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, In Nomine S. Trinitatis, Ego tria pro­mitto Populo Christiano, meis (que) subditis. I 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 defend the Churches of God, and all their Pastors.

1. Dei Ecclesi­am, ac Univer­sum mei Impe­rii Populum Christianum vera pace frui­turum.

[Page xiii] 2. 'That I will utterly interdict Rapines, 2. Me Rapī ­nam, omnem (que) iniquitatem, omnibus ordi­nibus interdi­cturum. and all Injustice to all Orders of Men.'

2. That he would govern all People that were his Sub­jects with Iustice, and with that pru­dent care which be­came a good King.

3. 'That I do promise, 3. Me promis­surum & man­daturum in omnibus Judi­ciis, Justitiam & Misericordi­am; ut nobis omnibus, proinsinita sua miseratione, propitius sit, Clemens ac Misericors Deus, qui vi­vit & regnat, &c. 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.'

3. That he would both enact, and him­self keep, right Law, and to the utmost of his Power, would interdict all Ra­pines, and false Iudgments.

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, [Page xiv] That he would govern both the English and French by the same equa­lity of Law with­out respect to ei­ther.

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. '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.'

This Oath too 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.

And the reason of all this is evi­dent, both from the Laws of God and Man; the King is Debitor Iustitiae to all his People, to rule and govern them by Law: Exact Collect. p. 28, 29. Which, as his late Majesty said, is the Inheritance of every Subject, and the only security he can have for his Life and Estate. Bract. lib. 3. fol. 107. a. b. Ad hoc autem creatus est & electus, writes Bracton, ut Iu­stitiam faciat Vniversis: and that dum facit justitiam Vicarius est Regis aeterni, [Page xvii] Minister autem Diaboli, dum declinet ad injuriam. Henry the Third, upon a Charter granted by his Father King Iohn, and confirmed by himself, de­clares, Qui vero id quod dictus Pater noster eis per Chartam suam concessit, Rot. Claus. 9. H. 3. pars pri­ma. m. 18. & nos postmodum annuimus infringere ne­quaquam volumus, sicut nec de jure de­bemus; 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, Iurejurando in Coronatione nostra pre­stito sumus adstricti, Rot. Claus. 3. E. 1. m. 9. in Schedula. quod Iura 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, Pulton Stat. 25. E. 3. f. 150. and was bound by his Coronation Oath, to keep the Law of the Realm.

[Page xviii] This Law of the Realm, Cited in White's Sacred Laws, p. 69. or Land, was looked upon, in the judgment of these Parliaments, as 27. E. 1. the Law of An­cient Time, 25. E. 3. of old Time used, and 42. E. 3. the Old Law; whose Age made it the more venerable, and gave an ad­dition of honour to it.

Well, having thus shewn you the Coronation of King William the First, and given you the Solemn Oath he at the same time took, even before his Consecration, that so he might give all possible satisfaction to the English, of his resolving to rule accordingly; and also having made it plain, that it was the same in substance with that the Ancient Saxons took before him; I shall now descend briefly to set before you some of his own Charters, as like­wise some of William the Second's, and of Henry the First's, his Children, and succeeding Kings; and from them evidence to you, I hope demonstra­bly, that it was not so much his Con­quest he relied upon, when he was setled in this Imperial Throne, as his claim to the Crown of England, Iure Hereditario, by Right of Inheritance. And for the proof of this, be pleased [Page xix] to accept of these ensuing Instan­ces.

1. In Nomine Patris, Carta Antiqua litera D. N. 4. & Filii, & Spiritus Sancti, Amen. Ego Williel­mus Dei Gratia Rex Anglorum, Hae­reditario Iure Factus.

2. In Nomine Patris, Carta 4. E. 4. m. 27. per In­spex. & Filii, & Spiritus Sancti, Amen. Ego Williel­mus Rex Anglorum Haereditario Iure Factus.

3. In nomine Sanctae & individuae Trinitatis, Monast. An­glican. Vol. 1. fol. 317. Ego Willielmus Dei Gratia Rex Anglorum, notum facio omnibus, tam posteris quam praesentibus Archie­piscopis, Episcopis, Abbatibus, Co­mitibus, Baronibus, & omnibus [...]ide­libus Francis & Anglis, Quod cum in Angliam venissem, & in sinibus Ha­sting cum excercitu applicuis [...]em con­tra hostes meos, qui mihi Regnum Angliae injustè conabatur auferre.

4. In ore gladii ( saith William the First's Charter) Carta Westm­per Inspex. 1. E. 4. parte septima m. 26. Mr. Seld. Re­view, p. 483. Regnum adeptus sum, Anglorum devicto Haroldo Rege cum suis Complicibus, qui mihi Regnum cum providentia Dei destinatum & beneficio concessionis Domini, & Cog­nati mei gloriosi Regis Edwardi con­cessum conati sunt auferre, &c.

[Page xx] Come we now to his Second Son, William Rufus.

5. Willielmus Rex Anglorum, Carta Regis Willielmi Rusi vide Monast. Anglican. Vol. 1. fol. 352. Wil­lielmo Vicecomiti Filio Baldewini, & omnibus Baronibus suis & Ministris, qui habitant in Devonescira, Salutem. Notifico vobis, quod mea condonati­one Ecclesia beati Olavi Regis, & Mar­tyris à Monachis belli aedificata, in ho­nore beati Nicholai, quam cum omni terra quae pertinet ad Ecclesiam supra­scripti Martyris meo privilegio, vide­licet Literis & Sigillo, liberam facio, & ita liberam & quietam per omnia cum saca & soca, & thol & theam, & in­fangenetheof, & warpeni, & murdro, & omnibus consuetudinibus, & operi­bus & auxiliis, sicut Pater meus libe­ram fecit Ecclesiam Sancti Martini de bello, ubi hostem devicit, & ubi Coro­nam Regni haereditariam sibi bellando adquisivit. T. Walchelino Wintoni­ensi Episcopo & Rogero Bigot apud Wintoniam.

[Page xxi] From William Rufus pro­ceed we to his Brother, Henry the First.

And, saith he,

6. In Nomine Sanctae & Individuae Trinitatis, Ex Hist. Eli­ensis Eccles. M. S. in Bibl. Bodleana (in­ter Codices Cant. I. 58.) lib. 3 fol 2. a. Monast. An­glican. Vol 1. fol. 95. Patris, & Filii, & Spiritus Sancti, Anno Incarnationis Dominicae MCVIII Indictione ... Anno vero Pontificatus Domini Paschalis Papae secundi ✚, Regni quo (que) mei simili­ter ✚, Ego Henricus providente di­vina clementia Rex Anglorum & Nor­mannorum Dux, Willielmi Magni Re­gis Filius, qui Edwardo Regi Haeredi­tario Iure successit in Regnum, &c.

7. Again, Monast. An­glican. Vol. 2. fol, 845. Ego Henricus Dei Gra­tia Rex Anglorum, Filius Magni Re­gis Willielmi, qui beatae memoriae Ed­wardo in Regnum Successit.

8. To give you one Charter more. Ex MS. Domi­ni Rogeri Owen Equit. Aurati. The words of that of Henry the First, to the Abby of Westminster, are, Pro memoria Edwardi Cognati mei, qui Patrem meum liberos (que) illius in Regnum suum adoptivos haeredes instituit.

[Page xxii] And thus have I given you, as it were, a three-fold Cord (not easily to be snapt asunder) to bind hard my Assertion, and to convince those, who will not suffer themselves to be over­run by an obstinate Prejudice, or cap­tivated by a byass'd Interest, that our first William, when he came in, gained not such an absolute Uictory as is pre­tended, over this Nation, (for when he came in, he had not subdued the fifth part of it) but came to the Crown by the Election and Consent of the Cler­gy and People. And, foedus pepigit, he made a Solemn Covenant with the English, to observe and keep those Laws, which were bonae & approbatae, & antiquae Leges Regni.

And this, Sir, is what I shall endea­vour clearly to make out to you in my Answer to your Second Question.

ANd doubtless not; for as my Lord Coke saith, Lord Coke's Preface to his 8th Report. The Grounds of our Common Laws at this day, are be­yond the Memory or Register of any be­ginning, Ex vitâ Abba­tis Sancti Al­bani. and the same which the Nor­man Conqueror then found within this Realm of England: And those Laws he swore to observe, which were good, approved, and ancient.

Now, that these were only his Norwegian Laws, sure none can, or ought to believe, after they have throughly examined these plain Truths, which I shall here offer to their fair perusal.

1. If they please to consider what was the Title of the Laws, cal­led the Laws of King William the First, published by Mr. Selden, [Page xxiv] with his learned Notes upon Eadmer, (and since with the Saxon Laws).

Why, truly, the Title was plainly this; These are the Laws and Customs which William the King granted to the whole People of England af­ter the Conquest of the Land. [...]elden ad Eadmerum, fol. 173. These were those which the King [...] Edward his Cousin held before him. Ce sont les Leis & les Cu­stumes que li Reis William grantut a tut le Peuple de Engleterre, apres le Con­quest de la Terre. Ice les me [...]smes que le Reis Ed­ward sun Cosin tint devant luy. In these Laws recited by Hoveden, in the Life of King Henry the Second, King Edward's Laws are confirmed in these words; This we command, That all Men have and hold the Law of Ed­ward the King in all things; together with those Laws which we have added for the profit of the English.

So that here was no abolishing of the Old Saxon Laws that he found, when he came to govern this King­dom, nor any setting up of new ones in their stead: No, so far was he from any such Designs of introducing new Laws, (which must needs be then the absolute Results of Arbitrary Will and Pleasure, to shew the sad and calami­tous [Page xxv] Effects of an entire Conquest) to the overthrow of those so firmly esta­blished already; that, you see, he gives his Confirmation to King Edward's Laws, which indeed, generally speak­ing, were but a Collection of those the Historian calls, Bonas Leges ab an­tiquis regi [...]us latas, Malmesb. de Gest. Regn. Angl. lib. 2. fo. 42. l. 21. non quod ille statu­erit, sed quod observaverit; not so much the Laws of his own making, as those he caused to be strictly observed and put in execution.

From the Title of his Laws, pro­ceed we

2. To the Confirmation it self, and here I shall acquaint you with the manner of it, in all its neces­sary Particulars.

This William the First, with his French and Normans, putting many hardships upon the English, which oc­casioned great Disorders and Convul­sions in the State; several of the Sax­ons chief Nobility, betook themselves to Arms for the sake of their Avitae Consuetudines, to which they bore an immutable and an immortal Love, and which they feared some were endea­vouring [Page xxvi] to take away and change them, though on the other hand they were obstinately resolved never to part from them, Seld. Tit. of Hon. fol. 523. for they had à Majo­ribus didicisse aut Libertatem aut Mor­tem; and they would rather undergo the worst Calamities of a more cruel War, than they would tamely quit and abandon those dear Laws and Customs, to which they had so long been used, and were so well acquain­ted with.

The King hereupon, to keep the People in a greater observance of their Duty, Ex lib. Monast. de Litchfield. Co. 8. Rep. in Pref. and withal, not forget­ting the Oath he had taken at his Co­ronation, caused twelve of the most dis­creet and wise Men, in every Shire throughout all England, to take an Oath before himself, to deal sincerely and uprightly, without turning either, ad dextram, out sinistram, that is, as my Lord Coke interprets it, ‘neither to flatter Prerogative, or extend Privi­ledg;’ and to declare and lay open the Constitutions of their Laws and Customs, without concealing, adding, or in any sort varying from the Truth. But finding William and his Norman Barons, who were Norwegians by ex­traction, [Page xxvii] were for introducing the Norwegian Laws: Apud Lam­bard. fol. 149. This the English thought a more killing blow than that of his Victory; and therefore Vni­versi Compatriotae qui Leges edixerant, tristes affecti, being all of them in a great Consternation, they beseeched him that they might still retain Leges proprias, their own Laws; and enjoy Consuetudines Antiquas, their Ancient Customs, in which their Fathers lived, & ipsi in eis nati & nutriti sunt, quia durum. Id. Ibid. valde foret sibi suscipere Leges ignotas, & judicare de eis quas nescie­bant, and themselves were born and bred up in, because it would be very hard to receive Laws unknown, and to judg of those things they under­stood not. And when William deni­ed, they warmly reinforced their Re­quests, and then conjured him, per Animam Regis Edwardi, by the Soul of King Edward, qui sibi post diem suum concesserat Coronam & Regnum, & cujus erant Leges, that he would not impose a Yoke upon them which they were not able to bear, and which would only gall their Necks, and make them the more fretting and unruly.

[Page xxviii] King William finding there was no Remedy, tho' he was long resolute, at last, in a Common Council of his Kingdom, yields; and by his Magna Charta, (the ground-work of all those that after followed) he confirmed to them their Ancient Laws, Apud Cl. Lambard. fol. 158. ad praeces Communitatis Anglorum. Blessing it with the Seal of Security, and Wish of Eternity; closing it up with this general: Co. li. 8. in Pref. And we further Command, That all Men keep, and observe duly the Laws of King Edward; rearing up the Frontispiece of his Gracious Work with his Glorious Stile, Ex Libro MS. de legib. antiq. Willi­elmus Dei Gratia Rex Anglorum, Dux Normannorum, Omnibus hominibus suis Francis & Anglicis, Salutem. Statui­mus imprimis super omnia unum Deum per totum Regnum nostrum venerari, u­nam fidem Christi semper inviolatam cu­stodiri, pacem, & securitatem, & con­cordiam, judicium & justitiam inter Anglos & Normannos, Francos & Bri­tones Walliae & Cornubiae, Pictos & Scotos Albaniae, similiter inter—& Insulanos, Provincias & Patrias quae pertinent ad Coronam & dignitatem, de­fensionem & observationem & honorem Regni nostri, & inter omnes nobis Sub­jectos [Page xxix] per Vniversam Monarchiam Reg­ni Britanniae firmiter & inviolabiliter observari.

Ingulphus, Secretary to William in Normandy, and afterwards made Ab­bot of Crowland by him, is an unex­ceptionable Witness, to prove that the English Laws were then a­new confirmed; and he saith, Ex Ingulpho Abbate Crowlandense, fol. 519. b. l. 37. ‘I brought this time with me, from London, Attuli eadem vice mecum de Londoniis in meum Mo­nasterium Leges aequissimi Regis Edwardi, quas Domi­nus meus inclitus Rex Wil­lielmus authenticas esse & perpetuas, per totum Reg­num Angliae inviolabiliter tenendas sub poenis gravissi­mis proclamâret, & suis Ju­stitiariis commendâret, eo­dem idiomate, quo editae sunt. (where he had been about the business of his House) to my Monastery, the Laws of the most just King Ed­ward, which my Lord William, the renowned King of England, had pro­claimed authentick and perpetual all England over to be kept, under most grievous Penalties, and commended to his Justices in the same Tongue they were set forth.’

And this Proclamation was not all (to allay the Storms, which perhaps the violation of these Laws had rai­sed); ‘For the good of Peace, saith an ancient Monk, he swears, upon all the Reliques of the Church of [Page xxx] Saint Albane, touching the Holy Go­spel, Abbot Fredrick ministring the Oath, Mat. Paris in vit. Frethe­rici Abbatis S. Albani. fol. 48. l. 39. the good and approved an­cient Laws of the Realm, Bonas & ap­probatas anti­quas Regni Leges, quas Sancti & Pii Angliae Reges ejus Antecessores & maxime Rex Edwardus statuit, inviolabiliter observare. which the Holy and Pious Kings of England, his Ancestors, and especially King Ed­ward set forth, inviolably to keep.’

Thus, we see the Mighty Conqueror is himself conquered, and solemnly re­nouncing all Arbitrary Will and Power, submits his Will to be regula­ted and governed by Justice, and the ancient Rights of the English Men.

Besides that, the Laws that were continued and confirmed, were the old Saxon Laws, and the Additional Laws were made for the Benefit and Advantage of the English, not Nor­mans. And those Laws of Saint Ed­ward, which the English were so fond of, this William solemnly swore, be­fore God, Angels, and Men, for ever inviolably to keep and observe.

But before I leave this your Second Question, Sir, I think it will be no ways improper to give you the signi­fication [Page xxxi] of the word Conquest, and in what sence Historians, and learned Antiquaries have understood it.

1. Matthew Paris Mat. Paris. fol. 941. hath it thus, Rex Angliae ex Conquestu, dicitur tamen, quod beatus Edwardus, eo quòd haerede caruit, Regnum legavit Willielmo Ba­stardo Duci Normannorum.

2. Sir Henry Spelman Spelm. Gloss. tit. Conque­stus. fol. 145. in his Glossary, says, Willielmus Primus Conquestor di­citur, quia Angliam conquisivit, id est, acquisivit, purchased, non quod subegit, not that he subdued it.

3. Sir Iohn Skene, Skene. p. 39. Clark of the Re­gister Council, and Rolls, to King Iames in Scotland, in his Book, De Verborum significatione, tells us, That Conquestus signifies Lands quhilk ony Person acquiris, and possessis, privato jure, vel singulari titulo, veluti donatio­ne, vel singulari aliquo contractu.

4. And it seems to me not impro­bable, that the Title of Conqueror, ra­ther than of Victor, was assumed by him, as being a word more mild, and originally signifying, as it does in [Page xxxii] Scotland, a Purchaser; which is, he that cometh to a real Estate, not by hereditary Descent, but by Bargain or Gift, &c. Mr. Skene de Verbórum sig­nific. ver [...]o Conquestus. Conquestus dicitur ratione primi Conquestoris, & cum transmittitur ad ejus haeredem, exuit naturam Con­questus, & induit naturam Haereditatis.

5. And that the word Conquestus did signify what the Historians say it did, we have Records to justify their Exposition, whereof I shall produce one, and that is above 480 Years ago. It says, Robertus Filius Nigelli petit versus Richardum Battail Capitale Mes­suagium, &c. Ricardus venit & dicit quod pater, &c. fuit persona Ecclesiae de Conquestu suo, &c. & dedit, &c. Placita de terris. Mich. 2. Iohan. penes Camerar. Scaccar. remanen. Now sure­ly none can make the word Conque­stus, here, to signify that the Father of Battel got the Advowson by Con­quest, in our modern sense, but that he had it by his own purchase.

6. Sir Roger Twisden, in his Pre­face before King William's Laws, and he well enough understood the full meaning of the word Conquestus, [Page xxxiii] says, Non existimo Willielmum primum de omnium Anglorum terris ad volunta­tem suam & pro libitu in modum abso­lutae dominationis disposuisse. Apud Lam­bardum. in Prefac. 1550 I do not in the least imagine, that William the first had the disposition of the Lands of all the English, according to his own Arbitrary Will and Pleasure, and after the manner of an Absolute Con­quest.

Now, Sir, by these several Expla­nations of the word, I think it is very obvious to any impartial Considerer, that, (however we construe and in­terpret it now, being either urged by Flattery or Interest so to do) it never did, even in that Age it self, import or signifie such an absolute and entire Conquest, as to carry along with it the enslaving of the whole English Nati­on, after William's Victory over Ha­rold. Nay, tho' every Body will ac­knowledg, that this Harold came to the Imperial Crown of England a totius An­glie Primati­bus ad Rega­le Culmen e­lectus. Ab [...]ev. Chron. Rad. de dic [...]ro. fo. 479. by a general Election of the Chief of the Nation, yet there is an Ancient Au­thor calls him Conqueror; And what then shall we think of the signification of the word, but that it was an Ac­quest [Page xxxiv] at most, and that too by the Voice and Suffrage of the People; saith he, MS. ex Bib. Domini Wild defuncti. Heraldus strenuus Dux Con­questor Angliae.

But, Sir, this is not all; I must beg your patience and leave, for the better illustration of the word Conquest; and to disabuse the World in this Point, to present you with this following Summary SERIES Of the Stiles of our several descen­dant Kings, from this William the First, inclusively, to the Great King Edward the Third; and therein make an Observation, which perhaps as yet hath scarcely been taken notice of.

• [Page xxxv]1. WIllielmus
  W. 1.
  Rex Anglo­rum, &c. and sometimes Willielmus Cognomento Bastardus Rex Anglo­rum, &c.
• 2. Willielmus
  W. 2.
  Rufus Rex Anglo­rum, &c. and sometimes Willielmus Dei Gratia Rex Anglorum, &c.
• 3. Henricus
  H. 1.
  Rex Anglorum, &c. and sometimes Henricus Willielmi Magni Regis Filius.
• 4. Stephanus
  Steph.
  Rex Anglorum, &c. and sometimes Stephanus Dei Gratia Rex Anglorum, &c.
• 5. Henricus
  H. 2.
  omitted Dei Gratia, and used this Stile, Henricus Rex An­gliae, &c. and sometimes Henricus Filius Imperatricis Matildae Rex Angliae, &c.
• 6. Richardus
  R. 1.
  Rex Angliae, &c.
• [Page xxxvi] 7. Johannes
  Iohn.
  Rex Angliae, &c. and ad­ded this, Dominus Hiberniae.
• 8. Henricus
  H. 3.
  Filius Johannis Rex An­gliae, &c.
• 9. Edwardus
  E. 1.
  Rex Angliae, &c.
• 10. Edwardus
  E. 2.
  Filius Edwardi primi, Rex Angliae, &c.

And now we are come to the great Epocha of Time, when the Stile of our Kings altered. Edward the Third, in the beginning of his Reign, in several Records, writ himself, Edwardus Fi­lius Edwardi Filii Edwardi, that is, Edward, the Son of Edward the Se­cond, the Son of Edward the First. But this distinction not being well ap­proved of, and having considered, that before the Conquest there had been two King Edwards, he in all Fines, and in general Records, writ himself, Edwardus Rex Angliae, &c. tertius post Conquestum, which was done in the second Year of his Reign, An­no Dom. 1328. which Rule was fol­lowed by Richard 2. Hen. 4. Hen. 5. [Page xxxvii] Hen. 6. and so to succeeding Kings downwards.

And, Sir, to give you a further proof, that King William did not Can­cel and Abolish all the English Laws, nor change, as is so much affirmed, the whole Frame and Constitution of the Government, be pleased to hear the Judgment of Mr. Selden, and the Opinion of Sir Winston Churchill; and I hope they are such unquestiona­ble Authorities, as may sufficiently bal­lance, if not totally depress the fiercest of Gain-sayers.

I shall begin with the great and ever famous Selden, (for whose Me­mory, as truly deserving, I have the highest regards) and shall transcribe his words at large, which may not on­ly serve for a good Solution to this your Second Question, but indeed may possibly fully satisfy you as to your other three.

His words are;

Surely then none can believe, that William claimed only by the Sword, and made an absolute Conquest; or that he abolish'd all the old Saxon Laws, and constituted a new Frame and Systeme of Government, entirely for the Interest of his Normans, and to the slavery and ruin of the whole English; nor can any one, me-thinks, after this, categorically attest that there were no English Men in the Common Council of the whole Kingdom; or that the English had neither Estates nor Fortunes left; and that therefore it were of no great matter and conse­quence to them, by what Law, Right, [Page xlvii] or Property, other Men held their Estates.

But not to dwell upon the great Au­thority of this Learned Man, we will now hear what Sir Winston Churchill can inform us as to your Second Que­stion; Whether the Laws were totally abolished, and a New Government set up, according to the Arbitrary Will and Pleasure of this Norman Conque­ror?

And thus he writes, in his Book de­dicated to his present Majesty.

From this Authority, Sir, I think, it is very plain and obvious, That

• I. Here was no Absolute Conquest.
• II. That neither were all the Saxon Laws cancelled and abolished, by the coming in of this Conqueror.

[Page l] I. That here was no Absolute Con­quest; because,

1. Tho' here was an invading Eng­land, yet it was upon pretence of a Donation of the Soveraignty from Edward the Confessor, confirmed by his last Will, and that in the presence of most of the English No­bility. And so it was only an en­deavour to get his own upon the Claim of an alledged just Title; which shewed he had, at least, more reason to demand, than Ha­rold, who, at best, was an Usur­per to detain the Crown: And so the Quarrel to be more Perso­nal than National.

2. The Conquest could not be Ab­solute, for tho' he was, by a hap­py success over Harold, possessor of the English Throne; yet saith my Author, The Nation conti­nued, nescia vinci; so that when­ever he was Tyrannical and Ar­bitrary, they were continually vexing him with their Revolts.

[Page li] 3. This Conquest could not be ab­solute, because then the English must have been perfect Slaves and Vassals to his uncontroulable Beck; but (alas!) here Sir Winston tells you, the Norman Conqueror could find them no such easy Beasts of Burthen, their Necks would not bear the Yokes of his Severity; for they were several times up in Arms against him, and that after they had submitted to him: so that at most this could be but a submission upon terms.

4. He was so far from being in love with the gawdy name of Conque­ror, that when some, that design­ed to preoccupate the Grace of Ser­vitude, gave him that ungrateful Title, he esteemed it the greatest misfortune his good Fortune had brought upon him. And,

5. The Conquest surely could not be absolute, for then it would have been very idle and ridicu­lous for any one to say, what Sir Winston, no doubt, but upon good and mature consideration, hath thought fit to say of him, that if any thing look'd like abso­lute; [Page lii] and hereby you may plain­ly take notice, that he seems to wonder how any Man can pre­tend to make him an absolute Conqueror, when he could hard­ly find so much as any thing to look like it. But,

II. I shall observe to you, that neither were all the Saxon Laws cancelled and abolished by the coming in of this Conqueror.

1. If King William might have done despotically whatsoever he had a mind to, then what necessity was there for such a moderation of his Mind, as the Author hints to us?

2. Because he found the People were not to be galled with any New, he chose rather (but it was a choice upon Necessity) to bind them stricter to him by the Old Laws; that is, in plain down-right English, they would not yield to him, nor to his Government, unless he resolved to circumscribe his ruling of them, within the bounds of the good Old Laws, in which [Page liii] they were born and bred; and make his French and Normans come over and buckle to them.

3. He suffered himself to be so far conquered by them, as to let them have their Old Laws; and it was with a kind of good satisfa­ction too: For,

4. The Book tells you, He conten­tedly bound himself up by those which they called St. Edward's Laws: And was there not, do ye think, very good Reason for his so doing? when thereby,

5. He understood at length, that it was a guarding his Prerogative, to keep within that Cittadel of the Burrough Law.

6. And lastly, We cannot rational­ly think he would, after he had thereby throughly looked into them, cancel and abolish them; since those Laws were such, as, it is said, he himself could not de­sire to introduce a better.

I hope, Sir, all these Deductions a­rise naturally from the words them­selves, without any force or strain up­on the sence; and what I have said, [Page liv] may be sufficient to convince you, that King William still kept to the Saxon Laws, and did not change the whole Frame and Constitution of the Go­vernment; as, you say, is very stre­nuously, and with heat, asserted by se­veral of our Modern Authors.

I shall yet make bold with your Pa­tience, Sir, and shew you what Flo­rentius Wigorniensis, (a famous Histo­rian in King Stephen's Time) and Brompton from him, say upon this Point, and so conclude my Argu­ment.

Henricus primus omnes malas con­suetudines & injustas exactiones (qui­bus Regnum Angliae injustè opprimebatur) abstulit, [...]oren. Wig. fol. 650. pacem firmam in toto Regno suo posuit, & teneri praecepit. Legem Regis Edwardi omnibus in commune reddidit, cum illis emendationibus, qui­bus Pater suus illam emendavit.

Brompton's words are the same, In Hen. 1. fol. 997, 998. and therefore I shall content my self with only referring you to the Book, without repeating them to you. And, Sir, from hence we may learn,

[Page lv] 1. That this King Henry's Father, William the First, was so far from cancelling and abolishing K. Ed­ward's Laws, that he made them to be the Common standing Laws of the Land, to be equally and in­violably observed as well by the Normans as the English, for he says, omnibus cam in commune red­didit; unless you will understand the word Omnibus to be a par­ticular Universal, and so only to include the Normans: And if so, then it follows likewise, That instead of the Normans giving to the English their Laws, the English Laws were imposed up­on the Normans.

2. And whereas there were, 'tis confest, some Additional Laws made in his Time, yet you may plainly observe hence, that they were grounded upon, and but a better Improvement and Melio­ration of the Confessor's Laws; and they were for the Sake, Be­nefit, and Advantage of the Eng­lish, as you will find hereafter.

[Page lvi] 3. Henry the First, Son to this Con­queror William, took away om­nes malas consuetudines & injustas exactiones, &c. by which Eng­land had been sorely oppressed, under his Brother William Rufus, and restored the English to their former Rights and Liberties; and he renewed and confirmed the Ancient Saxon Laws, as his Father had done before him, as it is well noted in the continua­tion of the History of Bede, Bede Histor. lib. 3. cap. 30. fol. 347. In Concilio peritorum & proborum virorum Regni Angliae.

4. But if there had been no Free­men but the Normans; if the Nor­mans had all the Estates of the English given them; if there were none but Normans in the Common Councils of the King­dom; how is it possible to be supposed, by any that will allow themselves the free use of their Reason, that Henry the First would ever make such a Grant; or, if he did, that the Normans would ever submit to it; or [Page lvii] (what is much more unlikely) give their consent to out them­selves of all their new-gotten Possessions, and reduce them­selves back to this notorious Di­lemma, viz. either to live Uassals and Slaves under the English, or else vertere solum, return to Nor­mandy, from whence they came.

There is one thing more which I cannot but mention, and that is, The inconsiderateness of those Men, who so mightily cry up the absolute Con­quest of William the First over the English, as if they were utterly bro­ken and crushed, and all their Laws and Customs destroyed; when, as it is demon­strably manifest, Sim. Dunelm. An. 1088. fol. 214. Angli c­um fideliter juvabant. that at the Time of Ro­bert and his Normans, Treason and Conspiracy against William Rufus then King, and his Brother, to cut off him, and make Robert King in his room; I say, then the Interest of the English was so great and powerful, that it kept the Crown upon Rufus's Head, maugre all the Power of the Normans, who uni­versally joined with Robert.

But, Sir, now I will consider the im­port of your next Question.

THough it be confessed, that this first William obtained the Impe­rial Crown of England; yet I think I have clearly made it out to you, Sir, that it was by a Reception upon Terms, and not by Right of Conquest; and it is no less obvious, that the Laws in general, which were, after such his Acquisition, ratified and confirmed, and which continued in full force and power, were the old Saxon Laws; and though it cannot be denied, but that he did introduce some new Laws of his own, yet those, quas constitui­mus, you have heard, were made, ad utilitatem Anglorum, for the Benefit [Page lix] and Advantage of the English, without the least mention either of the French or Normans. And observable too it is, that those Laws were made per Com­mune Concilium totius Regni. Apud Lambard. inter Leges Guliel. primi, fol. 170. de Statut. 55.

1. And if so, Sir, me-thinks this seems as one strong Argument, that the English could not have all their Estates & Fortunes violently ravished from them; nor the King and his Nor­mans, at their coming in, could not absolutely sweep away all the Stakes, because the good Old Law was still in its full being and virtue; Co. 12. Re­port. fol. 65. which was the Metw [...]nd and Measure to try the Causes of the Subjects; and, In his first Speech to his first Parlia­ment, in Engl. Stat. 1. Jac. c. 2. fol. 1157. by which, saith the wise King Iames, the People's security of Lands, Livings, and Privi­ledges, were preserved and maintained; and, which also is, K. Charl. 1. Declaration to all his Loving Subjects pub­lished with the Advice of his Privy Council. Exact Collect. &c. p 28. the Inheritance of every Subject, and the only security he can have for his Life or Estate. And then they could not lose all they had at this rate, but it must be by a mani­fest wrong to the Priviledg, as well as well-being of the People; and, no doubt, if the Law had its due course, [...] [Page lviii] [...] [Page lix] [Page lx] as I have made that plain it had, but that their Native Rights were easily recoverable; and the ravaging Nor­mans could not keep them in spight of all Justice; for that were a total abo­lishing of the Law.

2. But in the next place, Sir, I make no question but that I shall con­vince you, that the English, at least those who lived in Peace before, and at his coming to the possession of the English Throne, did quietly and peace­ably enjoy their Inheritances; and their Titles and Claims to them from their Saxon Ancestors, were held good and allowed; which, to be sure, they ne­ver could have done, had this King­dom received such an universal Change and Revolution, as so many of our late Learned Authors would needs have us firmly to believe.

Saith Sir Richard Baker, Sir Ric. Baker's Chronic. fol. 23. in his Chro­nicle of this King's Life and Reign; ‘Though he hath had the Name of Conqueror, yet he used not the King­dom as gotten by Conquest; for he took no Man's living from him, nor dispossessed any of their Goods, but [Page lxi] such only, whose demerit made them unworthy to hold them, as appears by his Act to one Warren a Norman, to whom he had given the Castle of Sherborne in Norfolk.’ The Story is faithfully this, as you may find in Cambden's Britannia; The King, it seems, had given away Sherborne to Warren a Norman, and one that was his great Favourite; which Edwinus de Sherborne perceiving, who was the true Owner of the Castle, and an English Man, demands, before the King, his right, in open Court, tells him it did, de jure, belong to him, upon this Reason of Law, for that he never had took up Arms against the King, either before his coming in, or since; whereupon the King, Mr. Petyr's Ancient Right of the Com­mons of Eng­land asserted. Pref. p. 24. vinculo juramenti astrictus, gave Judgment of Right against the Norman, and Sher­borne recovered the Lordship.

Sir Henry Spelman tells you the Sto­ry, which he hath taken out of an Ancient Manuscript, concerning the Family of the Sharborns, thus; Spelm. Gloss. verbo Dren­ches. p. 184. Edwi­nus de Sharborne, & quidam alii, qui ejecti fuerunt è terris suis, abierunt ad Conquestorem, & dixerunt ei, quod [Page lxii] nunquam ante Conquestum, nec in Con­questu suo, nec post, fuerunt contra ip­sum Regem in Consilio & Auxilio, sed tenuerunt so in pace. Et hoc parati sunt probare quomodo ipse Rex vellet or­dinare. Per quod idem Rex fecit in­quiri per totam Angliam si ita fuit, quod quidem probatum fuit: prop [...]er quod idem Rex praecepit, ut omnes illi qui sic tenuerunt se in pace in forma praedicta, quod ipsi, rehaborent omnes terras & do­nationes suas adeo integrè & in pace ut unquam habuerunt, vel ten [...]erunt ante Conquestum suum. That is;

This is a Case so full to the Point, and so plain to every common Under­standing in its self, that it would be frivolous to make any deductions from it. I shall presume to repeat to you the words of a great and Learned Judg in the Reign of King Edward the Third, and give you his judicious Assertion of this Argument, (tho' it be cited before in that of Mr. Selden) because it was agreed on as a main po­sitive Rule of Law; and they are these;

Le Conqueror (saith he) ne vient pas pour ouster eux, Iohannes Shardelowe unus Justic. de Banco. Rot. Pat. 16. E. 3. Pars 1. m. 2. in Dugdales Chronica Se­ries annexed to his Origi­nes Juridicia­les. fol. 44. qui avoient droitu­rell possession, mes de ouster eux que de lour tort avoient occupie ascun terre en des­heritance del Roy & son Coronne. ‘The Conqueror came not to oust those who had a Right Possession, but to dispossess those, who, of their own wrong, had enjoyed any Land to [Page lxiv] the disherison of the King and his Crown.’

What shall we think after all this? That notwithstanding, the English who had not been in Arms against William, had no Estates or Fortunes left, but all was divided between the King and his Normans? Surely no, but just the contrary, that they did enjoy them in as full, peaceable, and quiet a man­ner as ever they did, before he came to be this high and mighty Conque­ror.

But again, let me give you, Sir, a­nother Instance to inforce the Truth of this Argument.

In the 14. Rich. 2. some 290 Years ago, there happened a memorable Suit between the King and the Prior of Coventry, Placita coram Rege Hill. An­no [...]14. R. 2. Rot. 50. War. vid. Dodsworth & Dugdales Monastic. An­glican. Vol. 1. fol. 305. Col. 1. in the King's Bench, the King demanding Annuam Pensionem pro uno Clericorum Regis, as holding de Domino Rege per Baroniam.

The Prior pleads, that he held Pri­oratum praedictum, upon the founda­tion of Leofric, quondam Comitis Ce­striae, founded in the Time Sancti [Page lxv] Edwardi Regis Angliae, and produces the Charters in Court, and then con­veys the Title of Descent, thus;

Ibidem recìtatur Charta ejusdem Re­gis Edwardi, Jus Anglorri [...]i ab antiquo. [...] 16. in the Ad­dition, &c. quas Donationes & Con­cessiones diversi alii Reges confirmàve­runt, & dicit quod postea per processu [...] temporis nomen Abbatiae praedictae diver­tebatur in nomen Prioratus, eo quod Le­of winus ad tunc Abbas ibidem creatus fu­it in Episcopum Cestriae, & ordinavit per Assensum Monachorum ibidem quod Abbatia [...] praedicta ex tun [...] foret Pri­oratus [...] & quod Superiores ejusdem Ecclesiae forent Priores successivè in perpetuum, & dicit quod de ipso Leo­frico, quia obiit sin [...] Haerede de corpore suo descendente, Advocatio Ecclesiae praedictae tempore Willielm' Conquest Angliae cuidam Hugoni Co­miti Cestriae, ut Consanguineo & hae­redi, ipsius Leofrici, viz. Filio Ermi­nilde sororis ejusdem Leofrici, & de ipso Hugone cuidam Richardo ut Filio & haeredi, Not. This is the Hugh to whom it is i­magined by some, that Wil­liam gave all the Lands of the County of Chester. & de ipso Richardo cuidam Ra­nulpho, ut Consanguineo & haeredi, viz. Filio Matildis Sororis praedicti Hugonis & de ipso Ranulpho cuidam Ranulpho ut Filio & Haeredi, & de [...] so Ranulpho Filio Ranulphi, quia obii [...] sine Haerede [Page lxvi] de corpore suo descendente, Advocatio praedicta simul cum Comitatu Cestriae & Huntingdon, & aliis diversis Castris, Maneriis, terris & tenementis cum per­tinentiis in Anglia & Wallia quibusdam Matildae, Mabilliae, Ceciliae & Margeriae ut Sororibus & Haeredibus praedicti Ra­nulphi, inter quas propertia facta fuit de praedictis Comitatibus, Advocationibus & Castris, Maneriis, Terris & Tenementis cum pertinentiis supradictis. Et prae­dicta Advocatio, simul cum toto praedicto Comitatu Cestriae, cum pertinentiis al­locata fuit praedictae Matilde pro [...]proparte sua in Allocationem diversorum aliorum Castrorum, Manneriorum, Terrarum & Tenementorum cum pertinentiis praedictis Mabilliae, Ceciliae & Margeriae separa­tim allocatorum, & de ipsa Matilda de­scendebant praedicta Advocatio simul cum praedicto Comitatu Cestriae cum pertinen­tiis post propertiam praedictam cuidam Iohanni Scot ut Filio & haeredi praedictae Matildae, qui quidem Iohannes Scot Advocationem praedictam simul cum prae­dicto Comitatu Cestriae cnm Pertinentiis dedit Henrico quondam Regi Angliae Fi­lio Regis Iohannis & haeredibus suis in perpetuum, &c. Praedictus Prior sine die.

[Page lxvii] From this great Record, Sir, I think it is clear and evident;

1. That Leofric was Earl of Chester in the Reign of Edward the Confessor, and that he dying without Issue, the Earldom of Chester, and the Right of Ad­vowson of the Priory of Coven­try, tempore Willielmi Conquestoris Angliae, descended to Hugh Earl of Chester, ut Consanguineo & Hae­redi ipsius Leofrict, as being the Son of Erminelde, Sister of Leo­fric; and that from that Hugh, descended Richard his Son and Heir; and from Richard descend­ed Ranulf, as consanguineus & haeres, that is the Son of Maud, Sister of Hugh; and from that Ranulph another Ranulph his Son and Heir, &c.

2. Now if William, when he came in, made an absolute Conquest, this Title had been impossible to have been maintained.

[Page lxviii] 3. It appears further, That the Plea of the Prior was allowed; for the Record saith, Praedictus Prior sine die. And the Advowson aforesaid, simul cum Comitatu Cestriae & Huntingdon, & aliis diversis Maneriis, Terris & Tene­mentis, cum pertinentiis, &c. did descend. And it is to be obser­ved, that Judgment being given upon solemn Debate and Tryal, neither the Judges, nor the King's Counsel, so many hundred Years ago, as in the Age of Richard the Second, knew any thing of this new received Notion of an absolute Conquest. And again,

4. 'Tis yet further observable, that the Charter of Leofric, and the Title of the Prior had been con­firmed, per diversos alios Reges, who must certainly have greater knowledg of the Nature of William the First his Conquest or Government, than any Man can pretend to in our Times.

[Page lxix] But further, Sir, I will make bold with your Patience, and give you some few Instances, of the very many that I could, out of Dooms-day Book, to satisfy you, that there were ma­ny Proprietors of English Men, who had their Free-hold Estates, upon Titles paramount to any of the Con­queror's Donation. Those I shall take from that industrious and worthy Gen­tleman, Mr. Attwood's Book, intituled, Ius Anglorum ab Antiquo, Jus Anglorum ab Antiquo. p. 80, 81, 83, 87, 89, 90. where, in his excellent History of the Conquest; among others he hath these following, Viz.

Surrey. 1. Hugo de Port was a very great Proprietor, Pa. 8o. He was not Tainns Regis. as may be found under the Title, Terra Hugonis de Port: Many Mannors he had; and as appears in Hamp­shire, he had at least two Man­nors, Cerdeford and Eschetune, from his Ancestors, before Wil­liam's Entrance.

[Page lxx] And even this is a ground to be­lieve, he was a great Man, that he had a Sir-name, or Additi­on:

Because, if we believe the Great Antiquary, Camb. Rem. p. 136. Mr. Cambden, Sir-names were not setled among the Common People fully, till about the Time of Edw. 2.

2. The Earl of Moreton, a very powerful Prince, [...]pse Comes [...]enuit Estre­ham T.R.E. as I may call him, held Estreham in Tenrige Hundred, in the Time of King Edward. He enjoyed several other great Possessions of the Gift of King William. I doubt not indeed but he was Nor­man born, yet he was here be­fore the entrance of the Norman Duke, and might, not improba­bly, be in Favour with King Ed­ward the Confessor, Camb. Rem. [...] p. 136. who was all Frenchified. He, to be sure, had some Lands within the Kingdom of England, which he enjoyed not from William's Division. Pag. 176.

Hampshire. 3. Ralph Mortimer held several Possessions, some of which he had Iure Haereditario, from before the Reputed Conquest. Ipse Radul­phus tenet Ordie: This Mannor T.R.E. extra Ecclesiam emptum fuit, eo pacto & conventione, ut post tertium haeredem cum omni pecunia Manerium Ecclesia Sancti Petri de Episcopatu recuperet; nunc qui tenet Radulphus, est tertius haeres.

Dorsetshire. Dorsete. 4. Ten Thains hold Chimedecome. Ipsi tenuerunt T. R. E. pro. 1. Ma­nerio. Omnes qui has terras te­nuerunt T. R. E. potuerunt ire ad quem Dominum volebant.

Staffordshire. Statfordscire 5. Alric holds Stagrisgeshowe. And Aswold holds Chrochesdene. And 14. more hold Lands of Titles, Ipsi has Terras renuerunt T. R. E. Prior to King William's, amongst [Page lxxii] which the Earls, Hugh de Fer­riers, and Alberic de Vere; the first of which held St. Warburgh of Chester, in the Time of the Con­fessor.

6. And lastly; Vctred held seve­ral Lands in the Time of King Edward, as in the Time of Wil­liam the First. Besides, several dispossessed, who have their Ti­tles allowed.

I think these six Instances are e­nough (referring the more curious to Mr. Attwood's Book before mentioned, or to the great Survey it self) to bear out my Assertion, ‘That the English had Estates and Fortunes still in their hands, which they held in King Edward's Time, and did not derive under King William's Title.’

Having now given you these six In­dividuals, I shall offer you three more, and they are from the Charters of King William; the one to the Dean of St. Pauls, confirming to him the Lands, &c. belonging to that Church, and this was upon the day of his Co­ronation [Page lxxiii] too: The other is to the Ab­by of Westminster: and the third to the City of London, granting to them the Liberties and Franchises which they enjoyed in the Time of Edward the Confessor.

To begin with that made to the Dean of St. Pauls.

1. Ego Willielmus Dei Gratia Rex Anglorum, Carta Regis Williel. Con­questor. in Ap­pendice in Hi­stor. Eccles. Cathedr. S. Pauli. By Sir Will. Dugdale. fol. 190. unà cum Mathilda Regi­nâ, Principibus (que) meis, coram con­ventu Sacerdotum Dei, Reverendis scilicet Archiepiscopis Aldredo & Stigando, caeteris (que) Episcopis & Abbatibus hujus Patriae, terras Mo­nasterii Sancti Pauli, quae in tem­pore Antecessorum meorum à qui­buslibet hominibus ablatae fuerant, & injustè detentae, omnes in die primi Diadematis & Coronationis meae, Deo, ejus (que) Apostolo Paulo in Lundonia, & eorum servitori­bus in perpetuùm possidendas re­stitui, & eas ex omni parte libe­ras esse concessi.

[Page lxxiv] 2. William the first gives the Church of Westminster, Cartae. Antiq. C. C. n. 31. deci­mam de Wic de eadem parte quae ad me pertinebat, at (que) iterùm red­didi eandem partem eis injustè ab­latam quàm Rex Edwardus antea dederat.

So that we see, that as on the one hand William the First gave them the Tithes of that part which was his right; so likewise he restored the Tithes of that part which was unjustly taken from that Church, and which Edward the Confessor had before gi­ven. And no Conquest was here pre­tended, but the Precedent proves the quite contrary, viz. that there was none insisted on.

3. And now I come to that respect­ing the City of London.

Willielmus Rex Salutat Willielmum Episcopum & Goffridum Porte­grefium, & omnem Burghware in­fra London Frans. & Angl. ami­cabilitèr. Et vobis notum faeio, quòd ego volo quòd vos sitis omni lege illa digni qua fuistis Edwardi diebus Regis. Et volo quod omnis Fuer sit Patris sui haeres post diem Patris sui. Et ego nolo pati quòd aliquis homo aliquam injuriam vobis inferat. Dens vos salvet.

Englished in Stow's Survey of Lon­don, Stow 's Survey of London. fol. 740. thus:

Now 'tis evident from this Charter;

1. That it was made, immediately upon, or after, the Coronation of William; because, you see, he stiles himself King.

2. This may seem to justify, not on­ly what the Historians, who lived nearest his Time, (as Pictavien­s [...]s, &c.) but what his own Laws do likewise declare, viz. That he was crowned King by compact with the English, and at the same time swore inviolably to ob­serve King Edwards Laws, which he confirmed to them.

3. With this further, That he de­nounced a severe Prohibition, that no Man should offer any af­front, or do any wrong to the Citizens of London.

4. And for a compleat assurance of all this his Love and Kindness to [Page lxxvii] the City, he concludes with a Prayer to Heaven, That God would keep and bless them.

But by the way give me leave to shew you (though I think likewise it does not a little contribute to the strength and validity of my Argument) the Greatness and Power of the City of London in those early Times, I shall transcribe the words of a Learned Writer concerning it, and so leave it to your more serious consideration.

William Stephanides, Stephanid. De­scriptio Nobi­lissimae Civi­tatis Londo­niae, in Stow 's Survey, &c. fol. 704. de sit [...] ejusdem. a Monk of Can­terbury, born (as Stow saith in his fore-cited Book) of Wor­shipful Parents in the City of London, and who lived in the Reign of King Stephen, in his description of it, hath these words.

Inter Nobiles Vrbes Orbis quas fama celebrat, Civitas Londonia, Regni An­glorum sedes una est, quae famam sui latiùs diffundit, opes & merces longiùs transmittit, caput altius extollit. Foelix est aëris salubritate, Christianâ Religio­ne, firmitate munitionum, naturâ sitûs, [Page lxxviii] honore Civium, pudicitiâ matronali, ludis etiám quàm jucunda, & Nobilium foe­cunda virorum.

Vrbs ista viris est honorata, Id. fol. 705. armis de­corata, multo habitatore populosa, ut tempore Bellicae cladis sub Rege Stephano bello apti, ex e [...] exeuntes ostentatui, haberen­tur 20000 Armatorum Equitum, 60 mil­le Peditum aestimarentur. Cives Lon­doniae ubicun (que) locorum prae omnibus aliis Civibus ornatu morum, vestium & men­sae, locutione, spectabiles & noti haben­tur.

Which in English is thus;

So that we see from hence, that in the Reign of King Stephen, who was Nephew to King William the First, (from whose Death, to King Stephen's Reign, there were not fifty Years) the City of London was very great and powerful; but had the Eng­lish Citizens been all destroyed, and had all their Estates and Fortunes been (as is so positively affirmed) taken away from them by William the First, it had been impossible, in so short a Time, for them to have ri­sen [Page lxxx] again to that degree of Fame and Renown through all this part of the World, as the Historian, who was an Eye-Witness of it, so credibly assures us.

My next design is to shew you, That from the General Direction of the Writs and Charters in King Willi­am the First his Time, it is plainly de­monstrable, that William, the pre­tended Conqueror, did not divide all the Lands of England amongst his Norman followers to hold of him.

1. [...] Rob. [...]. Dugdal. Hist. of St. Pauls, in the Appendix. fol. 196. ealle his [...]

Id est;

1. W. Rex Saluto Osmundum Episco­pum Saresburiensem, Nota, Here are English She­riffs, and other English Offi­cers, as well as French. [...] & Robertum de Ely, & Petrum de Valoniis, omnesque praefectos suos et fideles, Francos et Ang­los, amicè.

[Page lxxxi] 2. Willem [...] mines b'pes [...] mind [...] Chart. Anti (que). I..

3. W. Rex Anglorum Monast. Angl. Vol. 1. fo. 185. O. Episcopo Sarisburiensi et L. Abbati Glastoniensi et A. Vicecomiti omnibus (que) Baronibus Francigenis et Anglis de Sumerseta, et de Wiltunscire, Salutem.

4. Willielmus Rex Angliae Archie­piscopo T. Eboraci, Id. fol. 397. et Iusticiariis et Vice­comitibus, et omnibus Baronibus & Fi­delibus suis, Francis et Anglis de Ebo­raciscire, et de Carleoli, Salutem.

5. Willielmus Rex Anglorum Walte­rio Vicecomiti, Id. sol. 29. et omnibus Baronibus suis Francigenis, et Anglis de Comitatu de Glocestre, Salutem.

[Page lxxxii] 6. Willielmus Dei Gratia Rex Anglo­rum, Id. ibid. Fidelibus suis Francigenis et Anglis, Salutem.

7. Willielmus Rex Anglorum Episco­po de Suthsexa et. Vicecomiti, Id. ibid. et caeteris Baronibus suis Francigenis et Anglis, Salutem.

8. Willielmus Rex Angliae, Id. Vol. 2. so. 845. G. Vice­com' et Baronibus suis de Caerleil, Sa­lutem.

9. Willielmus Rex Angliae Thomae Archiepiscopo et Bertramo de Verdun, Id. fol. 845. et Baronibus suis, Francis et Anglis de Everwicscire, Salutem.

10. Henricus Rex Angliae Richardo Episcopo London, Cart. Antiq. N et Vic' et Praeposito, et omnibus Baronibus et Fidelibus suis, Francis et Anglis, de London et Mid­dlesex, Salutem.

11. Henricus Rex Angliae Vic' et Baronibus London. Id. Ibid.

12. Henricus Dei Gratia Rex Angliae, Dugdal. Hist. of St. Pauls, in the Appendix. fol. 197. Archiepiscopis et Episcopis, et Comitibus [Page lxxxiii] Angliae; et Hugoni de Boclande, et om­nibus Baronibus & fidelibus suis, Fran­cis et Anglis, de Lundonia, et de Mid­dlesexa, et de tota Anglia, Salutem.

By these Writs and Charters, Sir, (though many more of the like na­ture might easily be given) I think, with submission, my Argument is firmly maintained; and the plain English of them all is, no more than this, That in William the first's Time there were English Barons as well as French Barons, in Somersetshire and Wiltshire; in York-shire and Carlisle; in Gloucestershire and in Sussex: and the direction of the Writs and Char­ters is equally given to them both, without any difference of Power or Au­thority mentioned, otherwise, than that the French Barons had the prece­dency of the English in those Writs and Charters: As is asser­sed by the said Anonimus Au­thor against Mr. Petyt. p. 151. With what force of truth then can it be defended, That the Norman Nobility were at that time the only Nobility, I appeal to the World.

[Page lxxxiv] But, I pray, now hear two Branches of his MAGNA CHARTA, or Great Charter, which he granted to the English, and they run thus;

1. Volumus etiam ac firmiter praecipi­mus & concedimus, Apud Cl. Lambard. LL. Will. p [...]im. fol. 170. c. 55. ut omnes li­beri homines totius Monarchiae Regni nostri praedicti, habeant & teneant terras suas, & possessiones suas, bene & in pace liberè AB OMNI EXACTIONE 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.

[Page lxxxv] 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 [...] [Page lxxxiv] [...] [Page lxxxv] [Page lxxxvi] 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 South­hampton [Page lxxxvii] comparat. die Iovis, die 15. Ian. Anno Domini, &c.

The English of it is this: ‘ For Iacob Archamgere.’

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 [Page lxxxviii] 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, cuncti (que) Orderic. Vita­lis Eccles Hist. lib. 3. fol. 503. Praesules Regni (que) 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 [Page lxxxix] Nutu subacti optabant Indigenae Reg­ni, qui nisi coronato Regi servire hactenus erant soliti.’

The next Paragraph but one to this goes on thus.

[Page xli] 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 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, [Page xcii] 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 [Page xciii] 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 [Page xliv] 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.

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.

[Page xcvi] 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.

'Tis 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.

[Page xcvii] 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 [Page xcviii] 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 to the King that Iustice might be done him secundum Legem Ierrae, and the King sends forth a 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 [Page xcix] the Arch-bishop Lanfrank, upon the Uotes 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 Uotes 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. Hundred Courts.2. The Hundred Courts were still 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 [Page c] 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 [Page ci] 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 impregnably 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 bassle that novel Erroneous Notion, The Anoni­mous Auth [...]r, p. 20. in the Margin. 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. Lambard. de priscis Augl Legibus c. [...]. fol. 139 By the King, his Barons, and his People. Spelm. Concil. Tom. 1. f. 621.

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 [Page cii] the setting 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.

1. The first shall be taken out of the Chronicle of Litchfield, Lambard. fol. 158. 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, & sud 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 [Page ciii] 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.)

[Page civ] 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, Selden's Tit. of Hon. f. 580. in his own words, 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 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 [Page cv] 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, 'tis easy to ob­serve; That

1. There were English Men in this Council, by the words ANGLOS NOBILES, &c. And,

[...] [Page civ] [...] [Page cv] [Page cvi] 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 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, [Page cvii] 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 [Page cviii] 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, ei (que) Consensu & Auxilio omnium Baronum suorum, omni­um (que) 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, [Page cix] 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 [Page cx] 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.

• [Page cxi]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 [Page cxii] 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 [Page cxiii] 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 [Page cxiv] 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.

Thus, Sir, have I impartially given you my Sentiments of UUilliam the first his Conquest, which hath been so terribly and frightfully represented and published to the UUorld, by the Ignorance, Interest, and Artifice of some Modern UUriters: Thus have I, as an English Man, endeavoured to do my Country Justice, and to support the true Honour, both of our worthy Saxon Ancestors, and of our excellent and famous Laws against Conquest and Slavery; as also to ju­stify the Ancient Parliamentary Right as well of Lords as Commons.

But yet for your fuller and clearer satisfaction in this so weighty a Point, I shall refer you, if you please, to the Learned and Iudicious Discourses writ, in some measure, more particularly [Page cliv] upon this Subject, never yet sufficiently answered to my Conviction, though I have industriously compared and con­sidered all the pretended Answers and them together, (without the least of byass or prepossession; and I heartily could wish others would do the like, and that for TRUTH's sake.)

The Discourses are these, viz.

Mr. Selden 's Iani Anglorum Facies Altera.

Mr. Sylas Taylor's History of Ga­velkind.

Mr. Petyt's Rights of the Commons of England asserted.

And Mr. Attwood's, 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, [Page clv] 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.