[Page] [Page] ENGLANDS proper and onely way to an Establishment in Honour, Freedome, Peace and Happinesse.
OR, The NORMANE Yoke Once more uncased, And the Necessity, Justice, and present seasonablenesse of breaking it in pieces demonstrated, In Eight most plain and true PROPOSITIONS with their PROOFS.
By the Authour of Anti-Normanisme, and of the Plain English to the neglectors of it.
Deo, Patriae, Tibi.
LONDON, Printed for R. L. Anno Dom. 1648.
To THE READER.
THou hast here once more my endevour for to draw this our Nation from under the Right, Title, Effects, and Badges of the Normane (pretended) Conquest over us, to which by the iniquity of precedent times, and the ignorant negligence of the present, wee remayn still subject; Conquest (sayth Doctor Hudson) in its best attire is the most eminent of Curses, but sure it is a Curse far more eminent to be so difficult to be perswaded to come out of that quality, especially while undeniable Justice, power, and opportunity adde their invitations: If what is here made manifest shall meet with due and timely regard, and produce effects according, wee may happily recover that incomparable Freedom, Honour, Peace and Happinesse which we enjoyed under the glorious and our last right English King Saint EDWARD; but if [Page] such cold consideration shall attend it as seems to have befallen what hath been before sent abroad upon the same errand, I shall esteem it great pity, and am much deceived, if either by our old or some new Conquerours wee be not taught with more then words, what belongs to such as have not capacity to be either ingenuous Subjects or dutifull Slaves. Vale.
ENGLANDs proper and only way to an establishment in Honour, Freedome, Peace, and Happinesse.
Proposition 1.
That the Right and Title of a (pretended) Conquest over the English Nation, by Forreigners called Normanes, hath been heretofore set up and is still upheld in this Kingdom, and that all Englishmen by the mouthes of their Parliaments and Lawyers have submitted and doe still submit unto the same, and are governed in great part by Normane Innovations, being forreign Laws and Customes introduced by the said Normanes in despight of the English people, for Markes and Monuments of the said Conquest.
Proofe.
THat the Right and Title of such a Conquest is still on foot, and stands for the Basis of this Kingdom, I suppose needs no proofe: That it is accordingly still submitted to, I have proved in my Plain English, pag. 3, 4. a sufficient part of which probation is this, (viz.)That by the mouthes above said, we doe acknowledge [Page 2] (how truly I shall shew in my fifth Proposition) that the Duke of Normandy absolutely purchased with his Sword the Crown of England and our Allegiance (for otherwise he could not be as we name him our Conquerour.) Secondly, That accordingly we doe submit to his Heires, placing him the said Duke (specificated with his said Title of Conquerour▪) for the Root and Alpha of our rightfull Kings; so that it is plain that the said Conquest doth enjoy both our acknowledgement and profest allegiance; That the Normane Innovations are retained (to the almost exiling of our own proper Laws) is every where both See Daniels Hist. p. 43. legible and visible: That they were introduced in manner and for the purpose above said, and accordingly reseuted and reluctated against by the English people (while they understood themselves and their proprieties) may appeare by their many exclamations made against them unto the (pretended) Conquerour, by the Acts of the Kentishmen, and by the Londoners Petition in King Stephens time, which also occasioned those many Regall Oaths to be then and still taken (though not yet performed) for retracting these innovations and restoring the Laws of King Edward, So far are the said Innovations from being any part of our Legitimate Laws (though our wilde Lawyers so repute them) the proper birth or stamp whereof is to be of the peoples choosing, as the Coronation Oath testifies: And thus much for to shew that while we dispute the duty of Subjects we professe the allegiance of Captives, while wee spurne at English Proclamations we submit to Normane Laws, and that notwithstanding all our great Victories and Triumphs, we doe still remain as much as ever, under the Title and in the quality of a conquered Nation; unto which what reasons we have to induce us, I shall shew in my ensuing Propositions.
Proposition 2.
That the said Title of Conquest and Normane Innovations (while they continue in force in this Kingdom) are destructive to the Honour, Freedome, and all other unquestioned Rights of this Nation, and much more to the present Legality and future validity of this Parliaments proceedings.
Proofe.
A Great part of the Injuriousnesse of this Title and Innovations, toward our Nation, I cannot better set forth then in the words of learned Fortescue (cited by M r. Prin in his Sovereigne Power, part. 1. p. 37, 38.) though himselfe a Normane and arguing onely against unlimited Prerogative in the Crowne which is but part of what is inseparably wrapt up in Title of Conquest, who having declared it to be the undoubted Right of Englishmen to have this twofold Priviledge (viz.) to be under Laws of their owne choosing and Princes which themselves admit, (in which two consists a great part of their Honour and the summe of their Freedome as I have shewed in my Plain English p. 1.) addes, that of the Benefit of this their Right they should be utterly defrauded if they should be under a King that might spoil them of their Goods, (as our first pretended Conquerour did, and as the heyres of his Title by the law of all Conquests still may,) And yet should they be much more injured if they should afterwards be governed by forreign and strange Laws and such peradventure as they deadly hated and abhorred (of [Page 4] which sort I have before shewed these Innovations, to be,) And most of all, if by those Lawes their substance should be diminished (as it is by many of these Innovations particularly that of drawing the generality of Law suits to Westminster) for the safegard whereof as also of their honour and of their owne Bodies they submitted themselves to his Governement; Thus and more he; To which I may add, that this Injuriousnesse were yet much more aggravated, if our Kings which were install'd by our Admission and should thus patronize our Honour, &c. Should professe themselves to be of forreigne Bloud, declare that they owe their Right to the Crowne unto none but their Sword, and write on our foreheads that we are their Conquered and Captive vassalls (as our Princes while they retaine the said Title, doe;) In summe, the Title and Effects of this (pretended) Conquest are a yoke of Captivity, unto which while we continue our fond and needlesse Submission, we renounce Honour, Freedom and all absolute Right to any thing but just shame and oppression, being thereby in the quality of profest Captive Bondslaves unto the heyres of the Duke of Normandy and wearing the open livery of that Pofession; And although we enjoy a mitigation of our Slavery by Charters, yet are those Charters revokable at the Kings pleasure (as See M. Pryns S. P. sol. 59. b. K. Richard the Second well observed) while the Kingdom continues grounded on the Conquest, Which I have sufficiently proved (in the Preface to Plaine English) from the tenour of Magna Charta it selfe (which declares the said Charter to be an Act of meere grace and favour and grounded upon respect not somuch of Duty as of meritorious supererogating toward God, much lesse of duty (though benefit) to the Nation, and from a See M. Pryns citation last mentioned. confession of Parliament, and is also otherwise no lesse cleerly evincible, for that it is a Maxime, that all Subjects of a Conquest, especially while they professe themselves such (as we simply still doe) are in the quality of Tenants in villenage, subject and subservient in their persons and estates to the Will▪ Honour, and Benefit of their Conquerour and [Page 5] his heires, according to that Axiome in In lib. 1. de Bello Gallico. Caesar (mentioned in my Plain English, pag. 7.) Jus est Belli ut hi qui vicissent his quo [...] vicissent quemadniodum vellent Imperarent, That the conquered are by the Laws of War under the arbitrary Rule and Government of their Conquerours, and according to the practice in the Turkish Dominions, which are not more grounded on conquest then we yeild ours to be; w ch Captive and slavish quality, how unseemly it is for Englishmen to continue in, especially toward a Normane Colony, and that while they may with justice and facility come out of it, I have shewn in my Anti-Normanisme: And as touching the consequent The example of the extorting of Magna Charta makes nothing to the contrary, for that was done (as Daniels History testifies) by the Nobility of those times, under the notion and quality of Normans and coheires of the conquest, which quality (I suppose) our Parliament will not (if they could) assume. Illegality of this Parliaments proceedings (untill they either repeale this Title, or else renounce the quality of Englishmen) if it seeme not evident enough from the premises, it may be seen in my Plain Engl. evinced and proved against all objections whatsoever; of which illegality, future invalidity is both the sister and daughter.
Proposition 3.
That the same are also derog [...]ry to the Kings Right to the Crown, to his Honour, and to his just interest in the peoples affections.
Proofe.
FOr it is confest on all sides (particularly by Master Marshall and Master Pri [...] the Prolocutors of the Parliamentarians, and by Doctor Hudson the grand Royalist) that the Title of Conquest is Likewise by our own Laws, obligations extorted by duresse (as is fealty to a conquest) are voydable. unjust, as being gained by murderous Rapine; So that while we ground the [Page 6] Kings Title on a Conquest, we make him a predonicall Usurper, and defraud him of his just Right founded on Saint Edwards Legacie joyned with this Nations Admission, besides his Heireship to the English Bloud, as I have shown in my Plain Engl. page the last, and in Anti-Norman, pag. 19. And as for his honour and just interest in the peoples affections, they consist in his being Pater Patriae, as himselfe also also lately intimated; but the Title of the Conquest holds him in the quality not onely of a forreigner, but also of the capitall enemy of his Subjects, and so affords their mindes more provocation unto hatred and revenge, then unto affection or allegiance, as I have plainly shown in my Preface to Plain Engl. and in Anti-Norm. pag. 20, 21. and may be discerned from those sutable fruits of it, which I shall hereafter specifie. Neither doe the Innovations (the Effects and badges of the (pretended) Conquest) want their share in the like effect, as being a just cause of the dis-relishment and contempt of our Laws, (so Normanized both in matter and forme) by understanding men, and (no doubt) the ground of that generall and inbred hatred which still dwels in our common people against both our Laws and Lawyers.
Proposition 4.
That the same have been the Root and Cause of all the Civill Wars (about temporall matters) that ever were in this Kingdom betwixt King and People, and are likewise for the time to come, destructive to all well grounded, firme and lasting unity, peace, and concord in this Realm, and consequently to the strength of the same.
Proofe.
THe Narrative is evident from history, the rest from reason; for how can there be union in affection betwixt those that are profest strangers and enemies one to another as this Title and Innovations (the Ensignes of hostility) render our Kings & people, moreover the said Title (by reason of the unlimited prerogative inseparably appendant) is apt to suggest seeds of Tyranny to the Crown (as it hath continually dont) & consequently of insurrections to the subject, to the disturbance of the publike peace, which is Confirmed by the said many Civill warres we have had in this Kingdome since these Abuses were set on foote, whereas before, we never had any; And weaknesse must needs wait upon that Body where there is such a disunion and antipathy betwixt the Head and Members.
Proposition 5.
That the introduction of the said Title and Innovations was, and the retaining of them is contrary to the fundamentall Constitution of this Kingdom.
Proofe.
FOr the Normane Duke was admitted as Legatee of Saint Edward, and upon his Oath to preserve our Lawes and Not any History or Record sayth that he claimed the Crown (before hee had it) as Conqueror of England, much lesse that hee was acknowledged for such by the English or submitted to under that Title; therefore the assumption of that Title afterward was usurpatory: See my Anti-Norm. p. 15, 19. Liberties, and not as a Conquerour nor yet for an Innovator, as the most authentique Historians testifie, among [Page 8] whom honest Aemilius Veronensis an impartiall stranger writing of this matter, sayth expresly, non ipss homines sed causa defuncti victa extinct aque, that it was not the English Nation, but the Usurper Harold that was overcome, and as (in opposition to the Innovations) I shall make more clear in the confirmation of my next Proposition; Insomuch that the violent introduction of the said Abuses was, and the per [...]tinacious upholding of them is an usurpant▪ perjurious and perfidious robbing us of the Title and quality of a free Nation.
Proposition 6.
That the reteining of the same is contrary to the Coronation Oath of all our Kings, and to the Oaths and Duties of Parliament and People.
Proofe.
FOr it is the first and chiefe part of the proper and Solemne Oath of all our Kings at their Coronation (as it was the first Normanes like Oath, either at his Coronation or (at least) See M. Pryns Pryns citations of testimonies to this purpose, in his S. P. p. 51, 52. and my Anti-Norm▪ p. 15. before his full admission and confirmation by the English State) to preserve our Laws and Liberties established by Saint Edward, which are inconsistent with the said Title and Innovations; Neither can any man say, that because the Oath binds also to the confirmation of other Kings Grants, therefore these Innovations are included; for Grants imply a precedent asking, and how far these Innovations were from ever being asked I have before shown; And moreover the confirmation is especially limited to the Laws of King Edward, as being both the most [Page 9] desired and desirable. And for Parliament and People, they are bound both by their naturall and officiall Duties, and moreover by their late solemne Covenant, unto the vindication of their Nationall Rights and Liberties, of which tho said Title and Innovations are the greatest opposites, as I have before shown.
Proposition 7.
That untill this Title and Innovations are abolished, there can be no Honour, Freedome or Happinesse to this Nation; That the inception of that enterprize is the most hopefull means for curing the present Divisions, and that there is no colourable Objection against the performing it.
Proofe.
FOr untill the Cause be taken away the Effect is not like to cease, I have before shown how destructive these Abuses are to our Honour, Rights, and Unity, While they remain, we are in the quality of captive slaves, and our Kings in the semblance of forreign and usurping Lords; And as these evils were the cause of the first fracture and subsequent Antipathy in this Kingdom betwixt Crown and Subject, So there can be no solid closure betweene them untill they are repealed; These being removed, the whole Nation (both King and people) will be restored into the quality of one naturall Body, which (as See M. Pryns citation of him in his S. P. p. 38. Fortescue hath aptly observed out of Aristotle) hath a set forme of duty and affection constituted betwixt the Head and Members; [Page 10] And as touching this works expediencie toward re-uniting divided Englishmen, it is evident, for if the common honour and happinesse of the Nation be the scope of their designes, they have no other high way to their end but this; also it may be learnt from the common practice of distracted States, whose usuall remedy is the assaulting of a common Enemy, of which sort are these Abuses, being a forreigne usurpation that hath a more generall, hostile, and mischievous malignity against our Nation, in it, then any other adversary we have at this day, save that it wants strength and formidablenesse, for that there is no man amongst us hath any colourable cause to defend it; Moreover, untill this be redrest, all else that is done is but as building of Castles in the aire, that have no firme foundation, but may be blown down with the Kings arbitrary breath, as I have before proved; And if any object the troublesomnesse and difficulty of rooting out the Innovations, I answer, that that particular may be consummated at leisure, that we have taken more pains about things of lower concernment, and that the restauration of our Rights ought not to seeme unto us more laborious or difficult, then did to our enemies the introducing of the contrary.
Proposition 8.
That all English men that are active in maintaining the said Title and Innovations, are the most flagitious Traytors both to their King and Countrey that ever were.
Proofe.
IT is apparent from the premises, it being also evident that in comparison of such, Strafford in his worst appearance was a good Patriot; And as for the defaults of former times in this particular, they are not now pretendible for excuse, for that now heaven holds forth power and opportunity far more liberally then ever heretofore or perhaps then hereafter, for asserting of Truth, and establishing Righteousnesse in this Kingdom.
Imprimatur Gilbert Mabbot.