Argumentum anti-normannicum, or, An argument proving, from ancient histories and records, that William, Duke of Normandy, made no absolute conquest of England by the Sword, in the sense of our modern writers being an answer to these four questions, viz. I. Whether William the First made an absolute conquest of this nation at his first entrance?, II. Whether he cancelled and abolished all the confessor's laws?, III. Whether he divided all our estates and fortunes between himself and his nobles?, IV. Whether it be not a grand error to affirm, that there were no English-men in the Common Council of the whole Kingdom?

The First Question.

Whether William, Duke of Normandy, (who was afterwards William the First) got the Imperial Crown of England by the Sword, and made an * 1.1 Absolute Conquest of the Nation at his first entrance?

AS you have stated the Question, Sir, and desire to know what is my Opinion of it; with submission to others, better informed, and who are more able to maintain the Truth of those Principles I proceed upon, than my self, I shall return you this modest Answer, as my Sence and Judgment in the Point, viz. That I cannot con∣clude

in the Affirmative, for these se∣veral 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 follow∣ing 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 entit∣led to the Crown: This Norman Duke made his loud Complaints of the In∣juries done him, in not elect∣ing him, for he was* 1.2 Cosen German to the Confessor, who died† 1.3 without Issue; and therefore pretended that the Right truly devol∣ved upon him. But, it seems, as ill luck would have it, this Duke they knew to

be a Bastard, and neither the Saxon Law, nor the Norman Custom, could help him in such a Case, and so that Title did him but little good. Well, what therefore was to be his next Work? Why,

2. Truly his Pretence was then, That the Confessor had designed him for his Successor,* 1.4 and by his last Will had bequeathed this Kingdom to him; And this was confirmed by the con∣sent of the Nobility, and principally of Harold himself: and hereupon con∣sidering 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 Priso∣ner 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 Re∣turns from Harold,* 1.5 by way of Answer to his Demands, which thus the Histo∣rian relates, De Regno addebat prae∣sumptuosum fsuisse, quòd absque Generali Senatus & Populi conventu & Edicto,

alienam illi haereditatem juraverit;

That as for him to take an Oath to deliver up the Inheritance of any Realm, with∣out the general consentand allowance* 1.6 of the Senate and People, could not but be a great piece of pre∣sumption, yea, altho' he might have just title so to do;† 1.7 wherefore it was an unreasonable Request of the Duke now to require him to renounce the King∣dom, 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 deter∣mine who had the Justest Title to the Crown and Kingdom, Harold or Him∣self. 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 be∣half.

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 * 1.8 calls himself the Son of William the Great, (pray, Sir, be pleased to observe, it is not of William the Con∣queror) Qui Edwardo Regi Haereditario Iure successit in Regnum,* 1.9 Who succeeded to King Edward in the Kingdom, by Right of Inheritance) or the Confes∣sor's bequest of the Crown to him. Or lastly, the Pope's definitive Sentence in William's favour. All these bluster∣ing 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 con∣vening his Parliament, or Assembly of three Estates, which consisted of the Clergie, Nobility,* 1.10 and Commons;* 1.11 the Nobility, in fine, promised to serve him, and the Clergie and People to aid him with Mony, according

to their several Abilities, and such offers as they made, were forthwith set down in writing by a Secretary there present. So that being thus supplied, and assi∣sted with several other of his Friends, he makes for England; and was no sooner arrived at a place in Sussex, cal∣led Pevenessey, (now Pemsey) and got well on Land, but, by his Proclama∣tion, 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 e∣scapes unpunished; so here was a visi∣ble Instance of the Divine Justice up∣on Harold for his breach of Oath and Covenant to the Duke; for in the Battle of Hastings he met with his Re∣ward, losing both his Crown and his Life at once, and leaving William to finish the day with Victory, over those that were yet resolved to dispute the Cause with him.

And now being rid of his stubborn Enemy, and in the heat of the Chase got to London, he possessed himself of that Kingdom which he pretended was his own by Right before from the Ti∣tles 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 Arti∣fices 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 (pre∣tended 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 ne∣cessity was there for him, or how did it stand him in such mighty stead, still to keep himself armed with the afore∣said Titles, that so he might have the more colourable pretence of Right and Justice on his side, in laying a legal Claim to this Imperial Crown? For,

me-thinks, if he had a full possession upon such a forcible entry, as is pre∣tended, this had been a stronger Title than any thing else he could have al∣ledged: 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 Co∣ronations. And for your full satis∣faction herein, I shall give you the pa∣rallel of them both together, and be∣gin first with

The Oath of either King Edward,* 1.12 or King Ethelred, (for Dunstan crowned both of them at King∣ston) about the Year 970.* 1.13

This writing,* 1.14 punctually to a Let∣ter, corresponds with that Writing which Dunstan the Arch-bishop deli∣vered to our Lord the King at King∣ston, 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,* 1.15 I do promise three things to Chri∣stian People, and my Subjects.

The Oath of the Saxon Kings at their Coronation.

The Oath which William the First took at his Co∣ronation.

1. 'That I will peaceably govern the Church of God, and the Peo∣ple of my King∣dom.'

1. That he would defend the Churches of God, and all their Pastors.* 1.16

2. 'That I will utterly interdict Rapines,* 1.17 and all Injustice to all Orders of Men.'

2. That he would govern all People that were his Sub∣jects with Iustice, and with that pru∣dent care which be∣came a good King.

3. 'That I do promise,* 1.18 and will command, That in all Judgments, Justice and Mer∣cy shall be ming∣led together, to the end, that God, who is the Omni∣potent 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 him∣self keep, right Law, and to the utmost of his Power, would interdict all Ra∣pines, and false Iudgments.

4. And he ad∣ded one Article more to the Oath, than was in that of the Saxon Kings; and it was extra∣ordinarily necessa∣ry to be done, re∣bus sic stantibus, and that was, Quod aequo jure Anglos & Francos Tracta∣ret,

* 1.19 'That Christian King who shall observe these things, shall de∣servedly acquire all earthly Ho∣nour; 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 Al∣tar of St. Peter, before ever he was Consecrated, and the Clergie and Laity were equally Parties and Wit∣nesses: After which he was Anointed and Crowned by Aldred Archbishop of York; for Sti∣gand the Arch-bi∣shop of Canterbury, was not admitted to that Office, be∣cause of some de∣fect in his Investi∣ture.

But if he shall do con∣trary to what he promised God,* 1.20 thenceforth he shall daily decline, and his Sub∣jects shall fail in their Al∣legiance, and every thing will be turned from bad to stark nought, unless in time he reforms the Errors of his Ways.

Meditate often with thy self,* 1.21 that thou shalt one day bring thy whole Flock before the Tribunal of God, whose Shepherd thou art here ordained, and therefore often consi∣der with thy self, and look forward how thou hast kept those whom Christ with his own dear Blood, hath formerly redeemed.

It is the Office of an A∣nointed King to judg no Man unrighteously;* 1.22 to protect Widdows, Or∣phans and Strangers; to interdict Robberies; to punish Whoredoms; to separate and utterly to ex∣tirpate

all incestuous Persons; to a∣bolish and cut off Witches and En∣chanters; to banish Parricides and perjured Persons out of his Domini∣ons; to comfort the Poor with Almes.

To call Grave,* 1.23 Sober, and wise Men to counsel and advise him.

To chuse just and good Men for his Ministers and Officers,* 1.24 because whatso∣ever illegal Actions they shall commit (under his Authority) he must, at the Day of Judgment, give an account for.

And the reason of all this is evi∣dent, both from the Laws of God and Man; the King is Debitor Iustitiae to all his People, to rule and govern them by Law:* 1.25 Which, as his late Majesty said, is the Inheritance of every Subject, and the only security he can have for his Life and Estate.* 1.26 Ad hoc autem creatus est & electus, writes Bracton, ut Iu∣stitiam faciat Vniversis: and that dum facit justitiam Vicarius est Regis aeterni,

Minister autem Diaboli, dum declinet ad injuriam. Henry the Third, upon a Charter granted by his Father King Iohn, and confirmed by himself, de∣clares, Qui vero id quod dictus Pater noster eis per Chartam suam concessit,* 1.27 & nos postmodum annuimus infringere ne∣quaquam volumus, sicut nec de jure de∣bemus; much less a Coronation Oath. Edward the first tells the Pope, upon a Message sent him, That he could not answer without consulting his Parlia∣ment; and gives this for his Reason, Iurejurando in Coronatione nostra pre∣stito sumus adstricti,* 1.28 quod Iura Regni nostri servabimus illibata, nec aliquid, quod Diadema tangat, Regni ejusdem absque ipsorum requisito consilio facie∣mus.

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,* 1.29 and was bound by his Coronation Oath, to keep the Law of the Realm.

This Law of the Realm,* 1.30 or Land, was looked upon, in the judgment of these Parliaments, as* 1.31 the Law of An∣cient Time,† 1.32 of old Time used, and * 1.33 the Old Law; whose Age made it the more venerable, and gave an ad∣dition 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 like∣wise 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 demonstra∣bly, that it was not so much his Con∣quest 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

to accept of these ensuing Instan∣ces.

1. In Nomine Patris,* 1.34 & Filii, & Spiritus Sancti, Amen. Ego Williel∣mus Dei Gratia Rex Anglorum, Hae∣reditario Iure Factus.

2. In Nomine Patris,* 1.35 & Filii, & Spiritus Sancti, Amen. Ego Williel∣mus Rex Anglorum Haereditario Iure Factus.

3. In nomine Sanctae & individuae Trinitatis,* 1.36 Ego Willielmus Dei Gratia Rex Anglorum, notum facio omnibus, tam posteris quam praesentibus Archie∣piscopis, Episcopis, Abbatibus, Co∣mitibus, Baronibus, & omnibus ••ide∣libus Francis & Anglis, Quod cum in Angliam venissem, & in sinibus Ha∣sting cum excercitu applicuis••em con∣tra hostes meos, qui mihi Regnum Angliae injustè conabatur auferre.

4. In ore gladii (saith William the First's Charter)* 1.37 Regnum adeptus sum, Anglorum devicto Haroldo Rege cum suis Complicibus, qui mihi Regnum cum providentia Dei destinatum & beneficio concessionis Domini, & Cog∣nati mei gloriosi Regis Edwardi con∣cessum conati sunt auferre, &c.

Come we now to his Second Son, William Rufus.

5. Willielmus Rex Anglorum,* 1.38 Wil∣lielmo Vicecomiti Filio Baldewini, & omnibus Baronibus suis & Ministris, qui habitant in Devonescira, Salutem. Notifico vobis, quod mea condonati∣one Ecclesia beati Olavi Regis, & Mar∣tyris à Monachis belli aedificata, in ho∣nore beati Nicholai, quam cum omni terra quae pertinet ad Ecclesiam supra∣scripti Martyris meo privilegio, vide∣licet Literis & Sigillo, liberam facio, & ita liberam & quietam per omnia cum saca & soca, & thol & theam, & in∣fangenetheof, & warpeni, & murdro, & omnibus consuetudinibus, & operi∣bus & auxiliis, sicut Pater meus libe∣ram fecit Ecclesiam Sancti Martini de bello, ubi hostem devicit, & ubi Coro∣nam Regni haereditariam sibi bellando adquisivit. T. Walchelino Wintoni∣ensi Episcopo & Rogero Bigot apud Wintoniam.

From William Rufus pro∣ceed we to his Brother, Henry the First.

And, saith he,

6. In Nomine Sanctae & Individuae Trinitatis,* 1.39 Patris, & Filii, & Spiritus Sancti, Anno Incarnationis Dominicae MCVIII Indictione ... Anno vero Pontificatus Domini Paschalis Papae secundi ✚, Regni quo{que} mei simili∣ter ✚, Ego Henricus providente di∣vina clementia Rex Anglorum & Nor∣mannorum Dux, Willielmi Magni Re∣gis Filius, qui Edwardo Regi Haeredi∣tario Iure successit in Regnum, &c.

7. Again,* 1.40 Ego Henricus Dei Gra∣tia Rex Anglorum, Filius Magni Re∣gis Willielmi, qui beatae memoriae Ed∣wardo in Regnum Successit.

8. To give you one Charter more.* 1.41 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.

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 over∣run by an obstinate Prejudice, or cap∣tivated by a byass'd Interest, that our first William, when he came in, gained not such an absolute Uictory as is pre∣tended, 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 Cler∣gy 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 endea∣vour clearly to make out to you in my Answer to your Second Question.

Notes

• * 1.1

  For England thus much I dare speak, and under the rule of Modesty protest, That sithence the V∣niversal Con∣quest of Wil∣liam, who first commanded and imposed Tribute upon this Land, (for Conquerors may command) Tribute and Subsidie have been as justly, both by the Law of God, and the Law of Nations, paid in England, as in Jewry; yea, and justly continued, as a remembrance of a Conquest. Dr. Pulbec Pandects of the Law of Nations, c. 10. p. 69. One Blackwood wrote a Book, which concluded, That we are all Slaves by reason of the Conquest. Vid. Mr. Pety••. Misc. Parl. p. 66. And t•• is Position is maintained by an Anonimus Author, in his full and clear Answer to Mr. Pety••'s Ancient Right of the Commons of England asserted. Pag. 35. in the Margin.
• * 1.2

  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 Co∣sen Germans once removed, as this farther shews you. Richard 1. Richard 2. Emma. Robert. Edward. William.
• † 1.3

  Edward married Edith, the Daughter of E. Godwin; but whether upon a vow of Chastity, or up∣on 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.
• * 1.4

  Mat. Paris. 1. Antiq Brit. Eccles. 96.
• * 1.5

  Wil. M••lmesb. 〈◊〉〈◊〉 3. fol. 56. l. 25••.
• * 1.6

  That is, without the as∣sent of the Wittenagemot, Mycel Synod, or Parliament.
• † 1.7

  Praeterea iniquum postu∣lat, ut imperio decedat, quod tanto favore civium regen∣dum susceperit. Malmsb. l. 3. f. 56. l. 30.
• * 1.8

  In his Charter, whereby he advanced the Abby of Ely into the degree of a Bi∣shoprick.
• * 1.9

  Seldeni ad Eadmerum & Notae & Spicileg. fol. 211. lin. 39.
• * 1.10

  Nobility is taken in France for Gentlemen, as well as for Earls, or persons of like dignity.
• * 1.11

  V••••stegan's restitution of decayed Intelligence in An∣tiquities, dedicated to King James. pag. 173.
• * 1.12

  In vitae AEl∣f••edi Magni, fol. 62.
• * 1.13

  [Promissio Re∣gis vel Edvar∣di vel AEthel∣redi, (utrum∣que enim Dunstanus Kingstoniae Coronavit) circa Ann. 970.]
• * 1.14

  Hoc Scripto, de litera ad li∣teram, descrip∣tum est ad scriptum illud, quod Dunsta∣nus Archiepis∣copus tradebat Domino no∣stro Kingsto∣niae, ipso illo die quo Con∣secratus erat in Regem; at{que} illi interdice∣bat ne ullam sponsionem daret praeter sponsionem illam, quam depo∣suerat in Altari Christi, quemadmodum Episcopus illi dictaret.
• * 1.15

  In Nomine S. Trinitatis, Ego tria pro∣mitto Populo Christiano, meis{que} subditis.
• * 1.16

  1. Dei Ecclesi∣am, ac Univer∣sum mei Impe∣rii Populum Christianum vera pace frui∣turum.
• * 1.17

  2. Me Rapī∣nam, omnem{que} iniquitatem, omnibus ordi∣nibus interdi∣cturum.
• * 1.18

  3. Me promis∣surum & man∣daturum in omnibus Judi∣ciis, Justitiam & Misericordi∣am; ut nobis omnibus, pro¦insinita sua miseratione, propitius sit, Clemens ac Misericors Deus, qui vi∣vit & regnat, &c.
• * 1.19

  Christianus Rex, qui haec observaverit, sibi promere∣bitur honorem mundanum; quinetiam illi Deus aeternus miserebitur tam in hac vi∣ta presenti, quam in AEter∣na illa, quae nunquam de∣ficit.
• * 1.20

  Ac si irritum fecerit quod Deo erat promissum, tum deinceps egregie verget in pejus, mox quidem in popu∣lo suo; & omne demum quicquid sit, convertetur in pessimum.
• * 1.21

  Hoc tecum saepe meditare, quod debeas in Dei Judicio gregem proferre & sistere, in quem Pastor in hac vita constitutus es; & prospice quomodo conservasti quod Christus Sanguine suo olim redemit.
• * 1.22

  Regis Consecrati jus est male judicare neminem; Vi∣duas, Orphanos & Perigri∣nos tueri & conservare; la∣trocinia prohibere; scorta∣tores corrigere; incestuosos dis jungere ac funditus extir∣pare; veneficas & incanta∣tores del••re; Parricidas & perjuros terris exterminare; pauperes eleemosynis fuble∣vare.
• * 1.23

  Senes, Prudentes, & So∣brios sibi in consiliarios a∣scribe••e.
• * 1.24

  Justos sibi in Ministros constituere; quia quicquid ••psi injustum fecerint ejus (Autoritate) universi il∣lius rationem tenetur ille reddere in die Judicii.
• * 1.25

  Exact Collect. p. 28, 29.
• * 1.26

  Bract. lib. 3. fol. 107. a. b.
• * 1.27

  Rot. Claus. 9. H. 3. pars pri∣ma. m. 18.
• * 1.28

  Rot. Claus. 3. E. 1. m. 9. in Schedula.
• * 1.29

  Pulton Stat. 25. E. 3. f. 150.
• * 1.30

  Cited in White's Sacred Laws, p. 69.
• * 1.31

  27. E. 1.
• † 1.32

  25. E. 3.
• * 1.33

  42. E. 3.
• * 1.34

  Carta Antiqua litera D. N. 4.
• * 1.35

  Carta 4. E. 4. m. 27. per In∣spex.
• * 1.36

  Monast. An∣glican. Vol. 1. fol. 317.
• * 1.37

  Carta Westm∣per Inspex. 1. E. 4. parte septima m. 26. Mr. Seld. Re∣view, p. 483.
• * 1.38

  Carta Regis Willielmi Rusi vide Monast. Anglican. Vol. 1. fol. 352.
• * 1.39

  Ex Hist. Eli∣ensis Eccles. M. S. in Bibl. Bodleana (in∣ter Codices Cant. I. 58.) lib. 3 fol 2. a. Monast. An∣glican. Vol 1. fol. 95.
• * 1.40

  Monast. An∣glican. Vol. 2. fol, 845.
• * 1.41

  Ex MS. Domi∣ni Rogeri Owen Equit. Aurati.