Argumentum Antinormannicum: 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 canceled 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 Englishmen in the Common Council of the whole Kingdom?  
London, Printed by I. D. for Mat. Keinton, jonath. Robinson, Sam. Sprint. 1682.   

  

An Explanation of the Frontispiece, warranted by the Authorities cited in the following Argument.  
NO sooner had the 
* King Harold victorious over the K. of Denmark & Tosta, Harold's Brother at York.  Valiant HAROLD conquered the Danish King, and his own Brother, the daring TOSTA, but news was brought him, 
† William D. of Normandy, at the same time, lands in Sussex  That the NORMAN Duke was arrived at Pemsey in Sussex; whereupon, with haste he went to meet him, and at 
* Harold meets him at Hastings, where they ●ight.  Hastings gave the NORMAN battle, which proved fatal to him.  
For he was, as you may see, 
* Harold slain.  slain, between the NORMAN Long-Bows, and ENGLISH Spears, leaving the Duke VICTOR in the Field.  
WILLIAM, proud with this Success, marches with all speed up to Berkhamstead, near LONDON. 
The D. oomes up to London.   
The Rest of the ENGLISH (if they had looked upon his coming, as a Design to conquer the Nation, and not to assert his pretended legal Title against HAROLD,) were then able to have driven him back to his own Country, or at least found him a Tumulary in this, (for there was not a fifth part of the Strength of the Nation that felt the Force of the Arms) but Duke WILLIAM and the ENGLISH soon came to an Agreement, and the latter entered into solemn Compact to make him King. 
Enters into Compact with the English, to make him King.   
Thereupon BRITANNIA holds forth to him the Sceptre with one Hand, 
Britan. gives him the Sceptre.  And  
With the other shows him the excellent and most famous Laws of St. EDWARD. 
And St. Edward's Laws to keep.   
As also, at the same Time, a Noble Prelate tenders him the Coronation-Oath: 
† A Bishop tenders the Coronation Oath.  The ENGLISH first being asked, by the Bishop, If they would assent to have the Duke their KING? and if he should then be crowned? To which they all, with an unanimous consent, answered, Yea, Yea; Whereupon he takes the Coronation-Oath; 
The William took, at his Coronation.  the sense of which take as follows.  
This Sceptre, (Fairest Queen) I most thankfully receive, 

Sacramentum Willielmi Se●●oris. Ante ●●stare S. Petri Apostoli coram Clero & Populo jurejurando; Promisit se velle Sanctas Dei Ecclesias ac Rectores earum defendere, necnon & cunctom Populum, sibi subjectum justè, ac Regali providentia regere, rectam Legem Statuere & tenere, rapinas in justaque judicia penitùs interdicere. Hoveden pars Prior. fol. 258. l. 14.  
Exacto prius coram omni Populo jurejurando, quod se modestè erga subjectos ageret, & aequo sure Anglos, quo Francos, tractaret. Malmsb. lib. 3. fol. 154. b. l. 8.  
Rex pro bono pacis, juravit super omnes Reliquias Ecclesiae Sancti Albani, Tactisque Sacrosanctis ●vangeli●s, bonas & approbatas Antiquas Regni Leges, quas Sancti ac pii Angliae Reges ejus Antecessores, & Maxim Rex Edwardus Statuit, inviolabiliter observare. Mat. Paris. Vitae Viginti trium Sancti Albani Abbatuum. fol. 48. l. 37.   and with it do solemnly Promise and Swear, to govern both Church and State in Peace.  
And I vow to Rule my Subjects with that justice and prudent Care, as becomes a good King.  
I will (with the Advice and Consent of my Great Council) enact right Law: Which done, 
* The Invocation.  be Witness all ye Saints, that to the utmost of my Power, I will myself religiously keep and observe it.  
For what can be more vain and inconsistent with the common Reason of all Mankind, than for a Prince publicly and solemnly to ordain a Law, and the next moment after to break and abrogate it in his Closet?  
All Rapines I will forbid, and all false Judgements; no illegal or ARBITRARY ACTS, under pretence of the Preragative-Royal, will I suffer or permit to the oppression of my ENGLISH Subjects, between whom, and my Normans, I will administer EQUAL RIGHT.  
And that God, Angels, my NORMANS, and You, (O Sacred Queen) may all be Witnesses and Parties to the sincerity of my Heart, That I will not take the Englishmen's Inheritances by Injustice, or thrust them out of their Paternal Possessions by wrong; That I have not, nor will pretend to any Absolute, or Despotical Power over their Lives, Liberties, and Estates; nor violate, break, or a●ter, the Fundamental Rights of the Kingdom (as Tyrants do, who only design to enslave their People). I do here solemnly promise and swear, in the presence of all Ye mighty Powers, inviolably to observe and keep the Sacred Laws of St. Edward my Kinsman.  
Which said, the Archbishop of York sets the Imperial Crown upon WILLIAM's Head; and thus of a Duke of NORMANDY, he was created KING of ENGLAND.   

TO MY Worthy FRIEND, The Learned Author of Argumentum Antinormannicum.  

GReat Britain! fairest Queen of all the Isles,  
Enriched at Home with bounteous Nature's smiles!  
Thou such a selfsufficiency dost own,  
All Countries need thy Stores, but thou want'st none;  
Divided from the World, Thou to thyself art one.  
The Sea, and Continent, proclaim Thee Great,  
Proud Monarches have lain Captives at thy Feet:  
The Scales of th' Western World are in thy Hand;  
Each Kingdom's Fate depends on thy Command.  
Where e'er thy Friendship, and thy Force combine,  
Against that State in vain the Rest design.  
To Thee no Ills from Foreign Foes can come,  
The basest and more dangerous are at Home.  
No Desert Beasts of Prey thy Land does bear,  
But yet worse Beasts within thy Bowels are,  
Who would thy Rights and Ancient Glories tear.  
Those having lost their Liberty of Mind,  
From vanquished Sires a weak excuse would find.  
Are these thy Sons? Or Marks of thy disgrace?  
Who own themselves a slavish conquered Race?  
The Norman Duke on Terms received the Crown,  
Swore, He'd by Edward's Laws support his Throne,  
Which sure no absolute Victor would have done.  
That Title which his Great Successor hath,  
Came from the Pact, not from the Breach of Faith.  
That gives the Bounds to all encroaching Might,  
And sets the Banks about the Subjects Right:  
Who pulls them down, let's in a raging Sea,  
Which drowns, and swallows up all Property.  
Who ere attempt to let that Torrent in,  
At their own Houses may the Waste begin;  
Let them for others Till their proper Land;  
Or under some base Favourites Command,  
May they, whilst others riot with their Stores,  
Without Relief beg at their Native Doors.  
Under their Country's Curse, their Tyrant's Scorn,  
May they with never-ceasing Pangs be torn,  
Who violate the Sacred Trust to which they're born.  
But blest be Thou, and all, who dare, like Thee,  
Bravely assert their Country's Liberty.  
Our well-built Freedom thou dost make to appear,  
And its Foundation from Time's Rubbish clear.  
The Norman swore to Laws by which we're free,  
Laws were more his, than our Security.  
Him King the People's joint Consent alone  
Did make, which by that Sacred Oath he won:  
Or that same joint Consent had made him none.  
We were no Norman Slaves; nor French could be,  
Had we enough True Englishmen like Thee.   

But now, my Muse, before you end, take care  
Humbly to close up all with Heaven in Prayer;  
Prayer for that King, who doth Great Britain Rule,  
Who of this Isle is th' Universal Soul:  
In whom so many glorious Virtue's shine,  
As make him seem to be of Race Divine.   

May Heaven continually His Guardian prove,  
And keep Him safe in all His Subjects Love!  
Long may unruffled Peace adorn His Crown;  
May all the Laws in their smooth Channel run;  
And flowing justice still support His Throne.  
Thus blest, and thus united here at Home,  
What cannot Britain's Monarch overcome?  
Oh may Great Edward's, and Fifth Henry's Soul,  
By Heavenly Power be transfused to him whole!  
May He ride Mighty Admiral of the Seas,  
Scourging His stubborn Enemies into Peace;  
His Envying Neighbours all their Powers disown,  
Strike to His Flag, and tremble at His Frown;  
And th' humbled World be glad to pay him fear,  
And awful veneration every where.  
That this may be,—  
May the Illustrious Senate of the Land,  
With their Wise Councils, ever by him stand;  
He pleased in them, and they resolved to show,  
What th' utmost stretch of Loyalty can do.  
Then will his Glories shine in brightest state,  
At th' Head of such a joint Triumvirate:  
Then King and People doubly will be blest,  
And Europe then enjoy a lasting Rest.  
For this let all our Vows to heaven be sent,  
To see Great Charles happy in's Parliament.    

Argumentum Antinormannicum.  
SIR;  
YOu were pleased, some time since, (in my happiness of a short, but free conversation with you) to tell me, You had a mind to read how far I could give you satisfaction in a few Points you had raised to yourself, concerning the Norman Conquest; and that within a little while I should have a Paper from you wherein they should be contained: You were not long, Sir, in justly acquitting yourself of your promise to me; I did receive the Furniture of these ensuing Arguments, by the four Questions you sent me, and hope there is nothing to be found in them, but unbiased and venerable Truth, which surely none will be offended to hear. I have endeavoured to pay all possible Respect to You, and to Justice; and, as far as my Abilities could reach, in so small a Treatise, have impartially offered my Thoughts upon them, and now beg your candour in judging me.  
Your Questions, Sir, are these.  

The First Question.  
I. Whether William, Duke of Normandy, (who was afterwards William the First) got the Imperial Crown of England by the Sword, and made an absolute Conquest of the Nation at his first Entrance?   

The Second Question.  
II. Whether this first William did abolish all the English Laws, and changed the whole Frame and Constitution of the Government?   

The Third Question.  
III. Whether it be true, That the English had neither Estates nor Fortunes left, but all was divided between the King and his Normans?   

The Fourth Question.  
iv Whether it be not a grand Error to affirm, That there were no English Men in the Common Council of the whole Kingdom?  
I shall take them, Sir, in the order you have sent them to me; and so first begin with your first Question.    

The First Question.  
Whether William, Duke of Normandy, (who was afterwards William the First) got the Imperial Crown of England by the Sword, and made an 
* For England thus much I dare speak, and under the rule of Modesty protest, That since the Universal Conquest of William, who first commanded and imposed Tribute upon this Land, (for Conquerors may command) Tribute and Subsidy 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 Anonymous Author, in his full and clear Answer to Mr. Pety●'s Ancient Right of the Commons of England asserted. Pag. 35. in the Margin.  Absolute Conquest of the Nation at his first entrance?  
AS you have stated the Question, Sir, and desire to know what is my Opinion of it; with submission to others, better informed, and who are more able to maintain the Truth of those Principles I proceed upon, than myself, I shall return you this modest Answer, as my Sense and Judgement in the Point, viz. That I cannot conclude in the Affirmative, for these several constraining Reasons.  
1. That William laid a far greater stress upon his Claim and Titles to this Kingdom, than ever he did upon his great and mighty Conquest, will be very plain and evident, if you please but to consider with me these following Particulars.  
1. In that before his Conquest, when the People had chosen Harold, the Son of Earl Godwin for their King, after the Death of Edward the Confessor, and had put aside Edgar Atheling, by right of Blood and Inheritance entitled to the Crown: This Norman Duke made his loud Complaints of the Injuries done him, in not electing him, for he was 
* Edward the Confessor was Son to Ege●●ed K. of England by Emma, Sister to Rich. ●. Duke of Normandy, who was Grandfather to Duke William; so that K Edward and Duke William were Cousin Germane once removed, as this farther shows you. Richard 1. Richard 2. Emma. Robert. Edward. William.  Cousin 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 herself (for all these Causes are alleged by several Writers of those Times) he forbore all private Familiarities with her.  without Issue; and therefore pretended that the Right truly devolved upon him. But, it seems, as ill luck would have it, this Duke they knew to be a Bastard, and neither the Saxon Law, nor the Norman Custom, could help him in such a Case, and so that Title did him but little good. Well, what therefore was to be his next Work? Why,  
2. Truly his Pretence was then, That the Confessor had designed him for his Successor, 
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 tricked 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, 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 settled to the good liking and content of his People. This Norman Duke, not to be his own Judge, refers himself to the Pope (than 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 behindhand 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.  
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 Abbey of Ely into the degree of a Bishopric.  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 jure 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 Clergy, 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 Clergy and People to aid him with Money, 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 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 entered 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.  
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 settled 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, methinks, 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 alleged: for how could, or durst, a vanquished, enslaved Nation, dispute with him, when he road 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 sense 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.]   
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; atque 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 Archbishop 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, meisque 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.   2. ' That I will utterly interdict Rapines, 
2. Me Rapinnam, omnemque iniquitatem, omnibus ordinibus interdicturum.  and all Injustice to all Orders of Men. ' 
2. That he would govern all People that were his Subjects with justice, 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, etc.  and will command, That in all Judgements, Justice and Mercy shall be mingled together, to the end, that God, who is the Omnipotent Judge 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 judgements.  
4. And he added one Article more to the Oath, than was in that of the Saxon Kings; and it was extraordinarily necessary to be done, rebus sic stantibus, and that was, Quod aequo jure Anglos & Francos Tractaret, That he would govern both the English and French by the same equality of Law without respect to either.  
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 Clergy and Laity were equally Parties and Witnesses: After which he was Anointed and Crowned by Aldred Archbishop of York; for Stigand the Archbishop of Canterbury, was not admitted to that Office, because of some defect in his Investiture.    
But if he shall do contrary to what he promised God, 
Ac si irritum fecerit quod Deo erat promissum, tum deinceps egregie verget in pejus, mox quidem in populo suo; & omne demum quicquid sit, convertetur in pessimum.  thenceforth he shall daily decline, and his Subjects shall fail in their Allegiance, and every thing will be turned from bad to stark nought, unless in time he reforms the Errors of his Ways.  
Meditate often with thyself, 
Hoc tecum saepe meditare, quod debeas in Dei Judicio gregem proffer & sistere, in quem Pastor in hac vita constitutus es; & prospice quomodo conservasti quod Christus Sanguine suo olim redemit.  that thou shalt one day bring thy whole Flock before the Tribunal of God, whose Shepherd thou art here ordained, and therefore often consider with thyself, and look forward how thou hast kept those whom Christ with his own dear Blood, hath formerly redeemed.  
It is the Office of an Anointed King to judge no Man unrighteously; 
Regis Consecrati jus est male judicare neminem; Viduas, Orphanos & Perigrinos' tueri & conservare; latrocinia prohibere; scortatores corrigere; incestuosoes does jungere ac funditus extirpare; veneficas & incantatores del●re; Parricidas & perjuros terris exterminare; pauperes eleemosynis fublevare.  to protect Widows, Orphans and Strangers; to interdict Robberies; to punish Whoredoms; to separate and utterly to extirpate all incestuous Persons; to abolish and cut off Witches and Enchanters; to banish Parricides and perjured Persons out of his Dominions; to comfort the Poor with Alms.  
To call Grave, 
Senes, Prudentes, & Sobrios sibi in consiliarios ascribe●e.  Sober, and wise Men to counsel and advise him.  
To choose just and good Men for his Ministers and Officers, 
Justos sibi in Ministros constituere; quia quicquid ●psi injustum fecerint ejus (Autoritate) universi illius rationem tenetur ille reddere in die Judicii.  because whatsoever illegal Actions they shall commit (under his Authority) he must, at the Day of Judgement, give an account for.  
And the reason of all this is evident, both from the Laws of God and Man; the King is Debtor justitiae 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 justitiam faciat Vniversis: and that dum facit justitiam Vicarius est Regis aeterni, Minister autem Diaboli, dum declinet ad injuriam. Henry the Third, upon a Charter granted by his Father King john, and confirmed by himself, declares, Qui vero id quod dictus Pater 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, jurejurando 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 Judgement 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.  
This Law of the Realm, 
Cited in White's Sacred Laws, p. 69.  or Land, was looked upon, in the judgement 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 shown 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, 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 settled in this Imperial Throne, as his claim to the Crown of England, jure Hereditario, by Right of Inheritance. And for the proof of this, be pleased 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 jure Factus.  
2. In Nomine Patris, 
Carta 4. E. 4. m. 27. per Inspex.  & Filii, & Spiritus Sancti, Amen. Ego Willielmus Rex Anglorum Haereditario jure 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, etc.  
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 & theme, & 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.  
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 quoque mei similiter ✚, Ego Henricus providente divina clementia Rex Anglorum & Normannorum Dux, Willielmi Magni Regis Filius, qui Edwardo Regi Haereditario jure successit in Regnum, etc.  
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 Abbey of Westminster, are, Pro memoria Edwardi Cognati mei, qui Patrem meum liberosque illius in Regnum suum adoptivos haeredes instituit.  
And thus have I given you, as it were, a threefold Cord (not easily to be snapped 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 biased Interest, that our first William, when he came in, gained not such an absolute Victory 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.   

The Second Question.  
Whether this first William did abolish all the English Laws, 
Quest. 2.  and changed the whole frame and Constitution of the Government?  
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 aught 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, 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 Cousin 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 show the sad and calamitous 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. foe 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 itself, 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 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 Privilege; 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, were for introducing the Norwegian Laws: 
Apud Lambard. fol. 149.  This the English thought a more kill 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 eyes 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 judge 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.  
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 groundwork 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 Style, 
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 & britons Walliae & Cornubiae, Pictos & Scotos Albaniae, similiter inter— & Insulanos, Provincias & Patrias quae pertinent ad Coronam & dignitatem, defensionem & observationem & honorem Regni nostri, & inter omnes nobis Subjectos 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 authentic 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 Relics of the Church of Saint Alban, touching the Holy Gospel, Abbot Fredrick ministering 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 & maxim 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 of the word Conquest, and in what sense 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 john Skene, 
Skene. p. 39  Clark of the Register Council, and Rolls, to King james in Scotland, in his Book, De Verborum significatione, tells us, That Conquestus signifies Land's quhilk any 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 Scotland, a Purchaser; which is, he that cometh to a real Estate, not by hereditary Descent, but by Bargain or Gift, etc. 
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 Battle Capitale Messuagium, etc. Ricardus venit & dicit quod pater, etc. fuit persona Ecclesiae de Conquestu suo, etc. & dedit, etc. Placita de terris. Mich. 2. johan. penes Camerar. Scaccar. remanen. Now surely none can make the word Conquestus, here, to signify that the Father of Battle 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, 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 itself, import or signify 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 acknowledge, 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 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 Styles 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.  

The Styles of the Kings.  
1. WIllielmus 
W. 1.  Rex Anglorum, etc. and sometimes Willielmus Cognomento Bastardus Rex Anglorum, etc.  
2. Willielmus 
W. 2.  Rufus Rex Anglorum, etc. and sometimes Willielmus Dei Gratia Rex Anglorum, etc.  
3. Henricus 
H. 1.  Rex Anglorum, etc. and sometimes Henricus Willielmi Magni Regis Filius.  
4. Stephanus 
Steph.  Rex Anglorum, etc. and sometimes Stephanus Dei Gratia Rex Anglorum, etc.  
5. Henricus 
H. 2.  omitted Dei Gratia, and used this Style, Henricus Rex Angliae, etc. and sometimes Henricus Filius Imperatricis Matildae Rex Angliae, etc.  
6. Richardus 
R. 1.  Rex Angliae, etc.  
7. Johannes 
john.  Rex Angliae, etc. and added this, Dominus Hiberniae.  
8. Henricus 
H. 3.  Filius Johannis Rex Angliae, etc.  
9 Edwardus 
E. 1.  Rex Angliae, etc.  
10. Edwardus 
E. 2.  Filius Edwardi primi, Rex Angliae, etc.   
And now we are come to the great Epocha of Time, when the Style 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 Edward's, he in all Fines, and in general Records, writ himself, Edwardus Rex Angliae, etc. 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. 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 Judgement of Mr. Selden, and the Opinion of Sir Winston Churchill; and I hope they are such unquestionable Authorities, as may sufficiently balance, 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;  
The Laws of before, 
S●lden's Review of his History 〈◊〉 Tithes. p. 482, 483, 484.  as well as of after the Norman Conquest, (as it is vulgarly called) are here gathered, and are perhaps equally observable, as the Rest, in the consequent of a general consecration of Tithes to the Church in England. For neither were the Laws formerly made, abolished by that Conquest, altho' by Law of 
i Vid. Quintilian. lib. 5. Institution. cap. 10. Athe. Gentil. de Jere belli. lib. 3. cap. 5. & Hottoman illust. Quaest 5.  War, regularly all Rights and Laws of the Place conquered, be wholly subject to the Conqueror's Will. For in this of the Norman, not only the Conqueror's Will was not declared, that the former Laws should be abrogated, (and until such Declaration, Laws remain in force, by the Opinion of 
k Calvin's Can. fol. 17. b  some, in all Conquests of Christians against Christians) but also the ancient and former Laws of the Kingdom were confirmed by him. For in his fourth Year, by the Advice of his Baronage, he summoned to London, omnes Nobiles, sapientes, & Lege suà eruditos, ut eorum Leges & Consuetudines audiret, as the words are of the Book of Litchfield, and afterward confirmed them, as is further also related by 
l in H● 2. p. 347.  Roger of Hoveden. Those, Lege suâ eruditi, were common Lawyers of that Time, as Godric and Al●win were then also, who are spoken of in the Book of 
m MS lib. 2. p. 3●. & 30. in Bibl. Cotton.  Abingdom, to be, Legibus Patriae optime instituti, quibus tantae secularium facundia & praeteritorum memoria eventorum inerat, ut caeteri circumquaque facilè eorum sententiam ratam fuisse, quem edicerent, approbarent. And these two, and divers other Common Lawyers then lived in the Abbey of Abingdon, Quorum collationi nemo sapiens (says the Author) refragabatur, quibus rem Ecclesia publicam tuentibus ejus oblocutores elingues fiebant. You must know, that in those days, every Monk here in England, that would, might remain so secular, that he might get Money for himself, purchase, or receive by descent to his own use. And therefore it was fit enough for practising Lawyers to live in Monasteries. But what had those praeteritorum memoria eventorum (that is, Reports, and adjudged Cases of the Saxon Times) availed in their skill, if the former Laws had not continued? More obvious Testimonies to this purpose, are had out of 
n Videses Cok. Praefax. ad Relat. 3. & 8. & si placet Not. ad fortesc. p. 7, & 8.  Gervase of Tilbury, Ingulphus, and others, and we here omit them. But also, indeed, it was not to be reputed a Conquest, or an Acquisition by right of War, (which might have destroyed the former Laws) so much as a violent recovering of the Kingdom out of the hands of Rebels, which withstood the Duke's pretence of a lawful Title, claimed by the Confessor's adoption, or designation of him for his Successor; his nearness of Blood on the Mother's side, not a little also aiding such a pretence to a Crown. For the Confessor's Mother Emme, was Sister to Richard the Second, Duke of Normandy, to whom, William was Grandchild and Heir. But these were only specious Titles, and perhaps examined curiously, neither of them were at that time enough. And howsoever his Conscience so moved him at his death, that he professed he had got 
* Historia Cadohensis.  England only by Blood and the Sword; yet also by express Declaration in some of his Patents, he before pretended his Right from the Confessor's Gift. 
p Chart. Eccles. Westm in inspex. part 7. 1. Ed. 4. m. 26. & vid● Camb. pag. 104.  In ore gladii, saith he, Regnum adeptus sum Anglorum, devicto Haraldo Rege, cum suis complicibus, qui mihi Regnum cum providentia Dei destinatum, & beneficio concessionis Domini, & cognati mei gloriosi Regis Edwardi concessum conati sunt auferre, etc. And the Stories commonly tells us, That the Confessor Successionem Angliae ei dedit. And although Harold also pretended a Devise of the Kingdom to himself made by the Confessor in extremis, and urged also that the Custom of England had been from the time of Augustine's coming hither, 
q MS. sive Author Guil. Pictav. sive quis alius, sit in Bibl. Cotton.  Donationem quam in ultimo fine quis fecerit, eam ratam haberi; and that the former Gift to the Norman, and his own Oath for establishment of it, were not of force, because they were made, 
r Malmesb. lib. 5. de Gest. Regum p. 56. a. alii in Will. 1. & videses Mat. Paris in Hen. 3. p. 1257. Edit. Londin.  absque generali Senatus & Populi conventu & edicto; yet for his own part, he was driven to put all upon the Fortune of the Field, and so lost it. And the Norman with his Sword, and pretence of the sufficiency and precedence of the Gift made to himself, got the Crown, as if he had been a lawful Successor to the Confessor, and not an Universal Conqueror. All this is plain out of the Stories, and justified infallibly by that of the Titles of many common Persons made to their Possessions in England, after his Kingdom settled, upon the possession of themselves or their Ancestors, in time of the Saxon Kings, especially of the Confessor. But this was always in case, where they by whose possession the Title was made, had not incurred Forfeiture by Rebellion. Many such Titles are clearly allowed in the Book of Doomsday, written in the Conqueror's Time: One especially is noted by the most learned Camden in his Norfolk. That, as I remember, is touched in Doomsday also, but enough others are dispersed there which agree with it. How could such Titles have held, if he had made an absolute Conquest of England, wherein an Universal Acquisition of all had been to the Conqueror, and no Title could have been derived, but only from or under him? More might be brought to clear this, but we add here only the judicious Assertion of a great 
s Shared. in cas. in itin. temp. Ed. 3. fol. 143. b.  Lawyer of Edward the Third's Time; Le Conqueror, saith he. ne vient pas pur ouster eux que avoient droiturell possession, mes de ouster eux que de leur tort avoient occupie ascun ierre en disheritance del Roy, & son Corone. It was spoken upon an Objection made in a Quo Warranto against the Abbot of Peterborough, touching a Charter of King Edgar, which the King's Council would have had void, because, by the Conquest all Franchises, they said, were devolved to the Crown. But, by the way, for that of his nearness of Blood, which could not but aid his other pretended Title; let it not seem merely vain, in regard of his being a Bastard. There was good pretence for the help of that defect also. For, although the Laws of this Kingdom, and, I think of all other Civil States at this day, exclude Bastards (without a subsequent Legitimation) from Inheritance; yet by the old Laws used by his Ancestors and Countrymen, that is, by those of Norway, a Prince's Son gotten 
t Vid. Roger de Hoveden in Rich. 1. fol. 425, & 347.  on a Concubine bond or free, was equally inheritable as any other born in Wedlock; which was, I believe no small Reason, why he stood at first so much for the Laws of Norway to have been generally received in this Kingdom. And some Stories also which make mention of Duke Robert his getting William on that Arlet or Arlec (as she is sometimes written) say, That she was to him a good while vice Vxoris. So Henry of 
u In Bibl. Cotton.  Knyghton Abbot of Leicester: Transiens (saith he) Robertus aliquando per Phaleriam Vrbem Normaniae, vidit puellam Arlec nomine Pelleparii Filiam, inter caeteras in Chorea tripudiantem nocte sequente illam sibi conjunxit, quam vice Vxoris aliquamdiù tenens Willielmum ex ea generavit. And he tells us also the common Tale of tearing her Smock. If she were so his Concubine, or Vice-conjux, (between whom and a Wife, even the old 
x Fide Legat. 3. L. Item Legato 49. §. 4  Imperials make no other difference but Honour and Dignity; and by them also some kind of Inheritance is allowed to 
y Authent. 89. c. 12. discretis igitur, etc.  such Bastards as are Naturales liberi, that is gotten on Concubines); it was much more reasonable that her Son should be reputed as Legitimate, than that the Son of every single Woman, bond or free, whether Concubine or no, should be so, as the Laws of Norway allow. And when he had inherited his Dukedom, he made, doubtless, no question, but that his Blood was as good in regard of all other Inheritances, that might by any colour be derived through it. And therefore William of Malmsbury well styles him proximè consanguineus also to the Confessor, as he was indeed on the Mother's side. And those 
z Videses Malmsb. de Gest. Reg. lib. 2. fol 52.  of the Posterity of Edward Son to Iron-side, were then so excluded or neglected, that their nearness on the Father's side could not prevent him. You may see the common Stories of them. But whereas that excellent 
a 18. E. 4. fol. 30. a.  Lawyer Littleton says, That William the Conqueror was called a Bastard, because he was born before Marriage had between his Father and Mother, and that after he was born they were married, (which indeed by the 
b C. tit. de Nat. lib. c. eum quis 10, etc.  Imperials, and by the general Law of 
c Videses Bacquet de Domaino du fr-tract. du Bastardise. c. 9, etc.  France, would have made him wholly legitimate); I doubt he had but little or no ground to justify it. Had he been so legitimate, it is not likely he should have been styled so commonly and anciently Bastardus; which Name, even in his 
d Apud Cambden in Richmondia.  own Charters he sometimes used with cognomenta; as also the Bastards of the old Philip Duke of Burgundy were wont to do; although of later Time it be reputed as a Name of dishonour; and the actio injuriarum, or an Action upon the Case lies wherever it be falsely objected, as some will 
e Videses Pont. Heuterum de liberis Natural. c. 12.  have it. But these things prove enough, that this William seized the Crown of England, not as conquered, but by pretence of Gift or Adoption, aided and confirmed by nearness of Blood; and so the Saxon Laws formerly in force could not but continue: And such of them as are now abrogated, were not at all abrogated by his Conquest, but either by the Parliaments or Ordinances of his Time, and of his Successors, or else by non-usage or contrary Custom.  
Surely than none can believe, that William claimed only by the Sword, and made an absolute Conquest; or that he abolished 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, methinks, 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, 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.  
Duke William, 
Sir Winst. Churchill's Divi Britann●ci. fol. 189.  better known to us here by the Name of the Conqueror, who with like Confidence, and not unlike Injustice, (as Rollo did Normandy, the seventh in Descent, from whom was this Duke) invaded England, pretending a Donation of the Sovereignty from his near Kinsman King Edward the Confessor, confirmed, as he alleged, by his last Will and Testament, in the presence of most of the English Nobility. 
Id. fo. 190.  But what we allow to the Courage, we must take from the Wisdom of the English; that being subdued, they continued nescia vinci, vexing the Conqueror, after they had submitted to him, by such continual Revolts, as suffered him not to sheathe his Sword all his Reign; or if he did, urged him to continue still so suspicious of their Loyalty, that he was forced always to keep his hand upon the Hilt, ready to draw it forth, having not leisure to intent what was before established, much less to establish what he before intended: So that they put upon him a kind of necessity of being a Tyrant, to make good his being a King: Yet such was the moderation of his mind, that he chose rather to bind them stricter to him by the old Laws, than to gall them with any New, guarding his Prerogative within that Citadel of the Burrow Law (as they called it) from whence, as often as they began to mutiny, he battered them with their own Ordnance, and so made them Parties to their own wrong; and however some that designed to preoccupate the Grace of Servitude, gave him the ungrateful Title of Conqueror, which he esteemed the greatest misfortune his good Fortune had brought upon him) thereby to proclaim his Power to be as boundless as his Will; which they took to be above all Limitation or Contradiction; yet we find he suffered himself to be so far conquered by them, that instead of giving to, he took the Law from them, and contentedly bound himself up by those, which they called St. Edward's Laws; which being an abbreviation of the great Triple Code of Danique, Merke, and West-Sexe Laws, was such a form of Combination, as he himself could not desire to introduce a better; and if any thing looked like Absolute, 'twas his disarming them, when he found them thus Law-bound hand and foot.  
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 canceled and abolished, by the coming in of this Conqueror.    
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 Sovereignty 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 alleged just Title; which shown 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.  
3. This Conquest could not be absolute, because then the English must have been perfect Slaves and Vassals to his uncontrollable Beck; but (alas!) here Sir Winston tells you, the Norman Conqueror could find them no such easy Beasts of Burden, 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 gaudy 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 than 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 looked like absolute; 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 canceled 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 downright 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 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 Citadel of the Burrow 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 sense; and what I have said, 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 show 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 common 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 myself with only referring you to the Book, without repeating them to you. And, Sir, from hence we may learn,  
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 common reddidit; unless you will understand the word Omnibus to be a particular Universal, and so only to include the Normans: And if so, than 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 confessed, 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.  
3. Henry the First, Son to this Conqueror William, took away omnes malas consuetudines & injustas exactiones, etc. 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 (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, than the Interest of the English was so great and powerful, that it kept the Crown upon Rufus' 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.   

The Third Question.  
III. Whether it be true, 
The Anonimous Author against Mr. Petyr. p. 43.  That the English had neither Estates nor Fortunes left, but all was divided between the King and his Normans?  
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 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, methinks 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 Metwand 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 james, the People's security of Lands, Live, and Privileges, 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. etc. 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 Privilege, as well as well-being of the People; and, no doubt, if the Law had its due course, 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 spite 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 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 Judgement 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 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: proper 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;  
Edwin of Sharborn, and several others that were ejected out of their Estates and Possessions, went to the Conqueror, and told him, that they never either before, or in, or after the Conquest, were against him the said King, either by their Advice, or any other Aid, but kept themselves peaceably and quietly. And this they were ready to make out, which way soever the King pleased to appoint. Whereupon the said King ordered an Inquisition to be made throughout all England, whether it were so or no; which was plainly proved: Therefore he presently commanded, that all those who so kept themselves peaceably in manner aforesaid, as these had done, should be repossessed of all their Estates and Inheritances as fully, amply, and quietly, as ever they had or held them before his Conquest.  
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 Judge 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, 
johannes 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 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 enforce 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 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, etc.  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 successiuè 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 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 johanni Scot ut Filio & haeredi praedictae Matildae, qui quidem johannes Scot Advocationem praedictam simul cum praedicto Comitatu Cestriae cnm Pertinentiis dedit Henrico quondam Regi Angliae Filio Regis johannis & haeredibus suis in perpetuum, etc. Praedictus Prior sine die.  
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, etc.  
2. Now if William, when he came in, made an absolute Conquest, this Title had been impossible to have been maintained.  
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, etc. did descend. And it is to be observed, that Judgement being given upon solemn Debate and Trial, 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 knowledge of the Nature of William the First his Conquest or Government, than any Man can pretend to in our Times.  
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 Doomsday Book, to satisfy you, that there were many Proprietors of English Men, who had their freehold 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, entitled, 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 Manors he had; and as appears in Hampshire, he had at least two Manors, Cerdeford and Eschetune, from his Ancestors, before William's Entrance.  
And even this is a ground to believe, he was a great Man, that he had a Surname, or Addition:  
Because, if we believe the Great Antiquary, 
Camb. Rem. p. 136.  Mr. Cambden, Surnames were not settled 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 jure Haereditario, from before the Reputed Conquest. Ipse Radulphus tenet Ordie: This Manor 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 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; uctred 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 itself) 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. Paul's, confirming to him the Lands, etc. belonging to that Church, and this was upon the day of his Coronation too: The other is to the Abbey 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. Paul's.  
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, Principibusque meis, coram conventu Sacerdotum Dei, Reverendis scilicet Archiepiscopis Aldredo & Stigando, caeterisque 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, ejusque Apostolo Paulo in Lundonia, & eorum servitoribus in perpetuùm possidendas restitui, & eas ex omni parte liberas esse concessi.  
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, atque iterùm reddidi eandem partem eye 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.  
Williem King grets Williem Bisceop and Godfred 
* Porteregravan portgrave. Saxonicè.  Porterefan, & ealle ya Burghwarn binnen London Frencise & Englise frendlice, 
Hollinshead's 3 d Vol. fol. 15. 2. Col. n. 21,  & IC kiden eoy, yeet IC will yeet git ben ealra weera la gayweord, ye get weeran on Eadwerds' daege Kings. And IC will yeet aelc child by his Fader yrfnume, after his Faders' daege. And IC nelle ge Wolian, yeet adnig man eoy aenis wrang beode. God eoy healed.  
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:  
William King great William Bishop and Godfrey Porters and all the Burgeiss, within London French and English. And I grant you that I will that ye be all your. Law worth, that ye were in Edwardis days the King. And I will that ich Child be his Faders Eyer. And I nyl suffur, that any Man you any wrongys' bead. And God you keep.  
Now 'tis evident from this Charter;  
1. That it was made, immediately upon, or after, the Coronation of William; because, you see, he styles himself King.  
2. This may seem to justify, not only what the Historians, who lived nearest his Time, (as Pictaviens●s, etc.) 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 Edward's 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 complete assurance of all this his Love and Kindness to the City, he concludes with a Prayer to Heaven, That God would keep and bless them.  
But by the way give me leave to show 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, etc. fol. 704. de sit● ejusdem.  a Monk of Canterbury, born (as Stow saith in his forecited 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, 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 ubicunque locorum prae omnibus aliis Civibus ornatu morum, vestium & mensae, locutione, spectabiles & noti habentur.  
Which in English is thus;  
Of all the celebrated Cities in the World, this of London is the Metropolis of England; a City of a very extensive Fame in its self, but much more honourable by the Native Treasure and Commodities which she exporteth. Happy is she in the temperature of her Climate, in the soundness of her Doctrine, strength of her Forts, agreeableness of her Situation; in the Credit and Reputation of her Citizens; the unblemished Chastity of the Female Sex; innocently pleasant, even in her Recreations, and honoured with a numerous Train of Nobility.  
The Grandeur of this City chief consists in the Properness and Valour of her Men; in the bravery of her Armour, the multitude of her Inhabitants: so that in the fatal Wars in King Stephen's Reign, there appeared, on a Muster, 20000 Horse, and 60000 Foot, all armed Soldiers. The Citizens of London are known and esteemed beyond all other Persons, wheresoever they travel, for their gentile Deportment, their good Apparel, their Table, and Discourse.  
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 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 show 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. Paul's, 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.  
2. Willem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mines b'pes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
Chart. Antique. I. .  
Willem great mines Bishops, 
Here were Engl. Thains. Thahi Appellatione vi●i interdum Nobiles, interdum liberae Conditionis Homines, interdum Magistratus, atque saepenume●o Ministri notantur. Gloss. in sin. Lambard. de p●is. Angl leg. fol. 223. Col. 1. tic. Thanus.  and mind Eorles, and ealle mind Thegnes, Freneisse and Englisce.  
3. W. Rex Anglorum 
Monast. Angl. Vol. 1. fo. 185.  O. Episcopo Sarisburiensi et L. Abbati Glastoniensi et A. Vicecomiti omnibusque Baronibus Francigenis et Anglis de Sumerseta, et de Wiltunscire, Salutem.  
4. Willielmus Rex Angliae Archiepiscopo T. Eboraci, 
Id. fol. 397.  et justiciariis 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.  
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. Paul's, in the Appendix. fol. 197.  Archiepiscopis et Episcopis, et Comitibus 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 Yorkshire 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 Anonymous Author against Mr. Petyt. p. 151.  With what force of truth than can it be defended, That the Norman Nobility were at that time the only Nobility, I appeal to the World.  
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 jure nobis facere debent, & facere tenentur, & prout STATUTUM est eyes, & 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.  
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 Estates 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 shows, That from before the coming in of this Norman Conqueror, down to that 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, whatever our late Writers have been pleased to publish to the World.  
The words of the Record are; Pro jacobo 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, etc.) 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 South-hampton comparat. die jovis, die 15. jan. Anno Domini, etc.  
The English of it is this: For jacob Archamgere.  
The King to the Barons: We command you, that by the occasion of the Rent of Serjanties, assessed by Robert Passelewe, you shall not distrain jacob of Archamgere by two Marks and an half, for the Tenement which he holds of us by Serjantie in Archamgere, in the County of Southampton, and granted by the Charter of the Blessed King Edward, to the Ancestors of this jacob; but he the said jacob shall for ever be freed from the aforesaid two Marks and an half; because we have confirmed the Charter of the aforementioned St. Edward; and we will have it to be inviolably observed.  
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 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, cunctique 
Orderic. Vitalis Eccles Hist. lib. 3. fol. 503.  Praesules Regnique 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 Nutu subacti optabant Indigenae Regni, qui nisi coronato Regi servire hactenus erant soliti.  
The next Paragraph but one to this goes on thus.  
Denique Anno ab incarnatione Domini MLXVII. Indictione V in die Natalis Domini, Angli Lundoniae ad Ordinandum Regem convenerunt, & Normannorum Turmae circa Monasterium in armis & equis (nè quid doli & seditionis oriretur) praesidio dispositae fuerunt. Adelredus itaque Archiepiscopus in Basilica Sancti Petri Apostolorum Principis, quae Westmonasterium nuncupatur, ubi Edwardus Rex venerabiliter humatus quiescit, in praesentia Praesulum & Abbatum Procerumque totius Regni Albionis, Gulielmum Ducem Normannorum in Regem Anglorum consecravit, & Diadema Regium capiti ejus imposuit.  
Gulielmus Rex multa Lundoniae postquam coronatus est, prudentèr, 
Id. lib. IU. fol. 505, & 506.  justè, clementerque disposuit: quaedam ad ipsius Civitatis commoda vel dignitatem, alia quae genti proficerent Universae: Nonnulla quibus consuleretur Ecclesiis terrae. Jura quaecumque dictavit optimis rationibus sanxit; Judicium Rectum nulla persona nequicquam ab eo postulavit. Neminem, nisi quem non damnare iniquum foret, damnavit. Suis quoque Primatibus digna se & gravitate praecepit, & diligenter aequitatem suasit; Esse jugiter in Oculis habendum aeternum Regem, cujus vicerint praesidio. Nimium opprimi victos non opportere, victoribus professione Christianâ pares, nè quos justè subegerint, injuriis ad rebellandum cogerent. Seditiones interdixit, caedem, & omnem rapinam fraenans, ut Populos armis, ita legibus Arma. Tributis & cunctis rebus ad Regium siscum reddendis, modum, qui non gravaret, imposuit, Latrociniis, Invasionibus, Malesiciis, locum omnem intra suos terminos denegavit. Portus & quaelibet itinera Negotiatoribus patere, & nullam injuriam fieri jussit. Sic omnino proba ejus in regnando initia fuere, & incrementa probitatum ad utilitatem Subditorum liquidò fulsere, que in bonis perseverantia laudabilisque finis evidentibus signis confirmavere.  
The sense 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 relied upon the force of that Solemn Doth 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 Sovereignty over the English, that you see he denied to none right Judgement who required it of him; he condemned none but those who deserved it by the condemnation of the Law; he strictly commanded his great Men, to whom he had given the Estates of those who had been bold in Arms against him, under King Harold, that they should behave themselves with all due moderation and temper; and he invited them to Acts of justice 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 forbade 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 Public Peace, and wicked Persons: He commanded all the Roads to be free and open for Travellers, and that no Injuries should be done them; so that the beginning of his Reign was, as it were, a Golden Age; and his Clemency, and other Acts of Goodness, still shone brighter to the happiness of his Subjects, which was confirmed towards the Loyal and Dutiful, by his steady and commendable perseverance.  
Where, in all this, is there any pretence to absolute Conquest and despotical Dominion:  
And now to conclude; I shall produce an Evidence, that is omni exceptione major; it is Gulielmus Pict avensis, who, (as Ordericus Vitalis in fine litri tertii writes) was, Regis Gulielmi Capellanus, and writ the Acts of William the First. And he categorically says it, That Nulli tamen Gallo datum est quod Anglo cuiquam injustè fuerit ablatum; that is, according to the Judgement given in Sharborn's case, That those who had kept themselves unconcerned, and had neither, consilio vel auxilio, assisted Harold against William, had the full and free benefit of the Saxon Laws, and had not their Estates unjustly taken from any of them, and given to his French and Normans. Gulielm. Pictavens. in Gesta Gulielm. Ducis Norman. & Regis Anglorum. fol. 208.  
But I will leave this, Sir, and now come to your fourth and last Question.   

The Fourth Question.  
iv Whether it be not a Grand Error to affirm, 
The Anonymous Author against Mr. Petyt. p. 37.  That there were no English Men in the Common Council of the whole Kingdom.  
Our 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 remembered 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 itself. Offences of this Kind not pardonable by the King, because it is not in his Power to change it. This is Our Government, and thus it is established, and for Ages, and immemorial Time hath thus continued; a long succession of Kings have recognized it to be such.  
This too perhaps will be granted, Sir, in some sense, 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 settled 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.  

1. County Courts.  1. As it was their Wisdom to preserve the Ancient Landmarks; 
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 wont 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. SIXPENCES  The County Court must be called, as our Ancestors have appointed: such as will not come as they ought, shall be first summoned, and in case of default, distrained; at the fourth default, Reddatur de rebus hujus hominis quod calumpniatum est, quod dicitur Ceargel; & insuper Regis forisfactura;; that is, The Complainant shall be satisfied out of the Distresses so taken, and the King also for his Fine. These are the express Laws of the Conqueror's own establishment. The last of which also was confirmed by another express Law, saving that he would allow but of two Summons and two Distresses before Execution.  
I shall give you a memorable case to prove the continuance of this Court.  
Odo, 
Selden 's Titles of Honour, 2d Part c. 5 f. 581 ●. Eadmer. His. Nou. l. 1. p. 9 & videses 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 Archbishop, of Canterbury, possessed himself by Disseisin of divers Lands and Tenements belonging to that See. Lanfrank, the succeeding Archbishop being informed hereof, petitioned to the King that justice might be done him secundum Legem jerrae, 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 judgement passed for the Archbishop 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 Manors, 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 Freeholders' 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 Turns, where it belonged to Sheriffs to inquire 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 aught 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, etc. 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 show you what the Sovereign Court of Parliament was, and whom it consisted of in the Saxon Times; and for this I think it will be needless to give you any more than one Instance (which, as by the way, it does 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 baffle 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 Tithes, 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 Foreign Wars with the French King, and his Neighbouring Princes to Normandy, did apply both it and himself in 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 Laws and Customs were. And after this was done, at the request of the English Community, he did consent that they should be confirmed; and so they were ratified and kept throughout all his Kingdom. The words are, Ad preces Communitatis Anglorum, ex illo die Magna Authoritate veneratae, & per universum Regnum corroboratae & conservatae sunt Leges Sancti Regis Edwardi, prae caeteris Regni Legibus.  
From this Testimony, I think it will plainly appear;  
1. That the Barones sui here of William, cannot absolutely exclude the English, and only signify his Norman Barons, upon those Authorities and Reasons, I have already offered, to prove, That there were equally Barones Francigeni & Angli nostri, in his Time, (as you may see in my Argument under the third Question.)  
2. That the King having, by the Counsel of these his Barons, summoned all the Nobility, wise Men, and those that were skilled in the Laws of the Land, throughout all the Counties of England, he then and there ratified and confirmed the Laws of St. Edward.  
3. And to prove that this general Assembly of the Nobility, wise Men, and able Lawyers, were a PARLIAMENT, I shall now give you the Judgement 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 ab ipsis audiret. And twelve were returned out of every County, who shown 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 Archbishop 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, etc. And,  
2. Besides the Confirmation of the Laws of St. Edward here mentioned, it may reasonably be supposed, That the Law for bringing the Bishops and Abbots under the Tenure of Barony, was first made in this Parliament. And that  
3. Likewise, the great Case between the Archbishop 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 entrusted to write down for them the English Laws.  
5. And there is one great Thing more, to close withal, which is, That at this Parliament, when the Saxon Laws were confirmed, there was a particular Law passed 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 Prelates, and of the whole People; that is to say, by the Parliament of England. This likewise was about the fourth Year of the Conqueror; And an Ancient Historian writes thus of his Election: 
Gervas'. Dorobernens. Act. Pont. Cant. fol. 1653. l. 5.  Eligentibus eum Senioribus ejusdem Ecclesiae cum Episcopis ac Principibus, Clero & Populo Angliae, in Curia Regis in Asumptione Sanctae Mariae.  
But another Contemporary Writer gives it you in these words;  
Rex mittens propter illum in Normanniam, 
Relat. Willielm. prim. ad finem tract. de Gavelkind à Syla Taylor. p. 194.  fecit eum venire in 〈◊〉 gliam, eique Consensu & Auxilio omnium Baronum suorum, omniumque Episcoporum & Abbatum, totiusque Populi Angliae commisit ei Dorobernensem Ecclesiam.  
III. There was another General Council or Parliament held at Westminster, 
Ex Ca●tulario Coenobii Westmonasteriensis in Biblioth. Cotton. sub effigie Faustinae. A. 3. Dugd●l. Orig. Ju●idic. sol. 16.  in the fourteenth Year of this King, where, by his Charter, he confirmed the Liberties of that Church, after he had subscribed his own Name, with the Sign of the Cross; adding many of the great Clergy, and Temporal Nobility; and instead of cum multis aliis, says, multis praeterea illustrissimis Virorum personis, & Regni Principibus diversi ordinis omissis, qui similitèr huic confirmationi piissimo affectu Testes & Fautores fuerunt. Hii autem illo Tempore à Regia potestate diversis Provinciis & Urbibus, 
Provincia, i.e. Comitatus. Seld. Tit. Hon. fol. 273, Spelm. Gloss. ● it. Provincia. f. 471.  ad Universalem Synodum pro causis cujuslibet Christianae Ecclesiae audiendis & tractandis, ad praescriptam Celeberrimam Synodum quod Westmonasterium dicitur, 
Parliamentum, Synodus magna nuncupatur. Somneri Gloss.  Convocati, etc. In the Margin of the Book, there is writ this Remark, Nota hic hos omnes convocari à Rege suâ auctoritate ad causas Religionis tract andas, tàm Nobiles de Clero, quàm Principes Regni, cum aliis inferioris gradus, Convocatio quorum videtur esse Parliamentum.  
iv I think, by the general direction of the Writs of this King, as also by that of his Charters, (some of which I have given you in my Argument to your third Question, and therefore shall refer you back to them) it is plainly demonstrable, that William had as well English Barons as French Barons; and that his Barons were always a part of his great Council, will hardly, I suppose, be denied by any. And that one Law of his, which may be called the First MAGNA CHARTA in the Norman Times, by which the King reserved to himself from the Free Men of this kingdom, nothing but their free Services due to him according to Law; in the conclusion saith, That they, 
L L. Guilielm. c. 55.  to wit, the English, shall hold and enjoy their Estates well, and in peace, free from all unjust Exactions and Tallage; and this ratified and confirmed by the Common Council of the whole Kingdom, which cannot be restrained to the Norman Barons only. So that herein is asserted the Liberty of the English Freemen, and of the Representative Body of the Kingdom.  
These, I think, are uncontrovertible Proofs and Evidences. 

1. That there were General Councils, or Parliaments, in this first William's Time.  
2. That in these Parliaments, the English Barons as well as the French Barons were present.  
3. And lastly, That there likewise was, as an essential part thereof,   

1. The Communitas Anglorum, the Community of Englishmen.  
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, etc. viz. The Chief and Principal Men of several Ranks and Degrees in Condition, were summoned by virtue of the King's Writ, out of their several respective Counties, Cities, and Burroughs, to this General Synod, or Parliament.    
And, Sir, if this be so, I doubt not but that both yourself, and all judicious and unbiased 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 Judgements 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 public view, and serious consideration: and I think these have sufficiently made out and proved, That 

1. William the first, vulgarly called the Conqueror, did not get the Imperial Crown of England by the Sword, nor made an absolute Conquest of the Nation at his first entrance.  
2. Nor that he abolished all the English Laws, or changed the whole Frame and Constitution of the Saxon Government. But,  
3. That the English had still Estates and Fortunes continued to them; and that it was a great mistake in any to affirm, That the King and his Normans divided and shared them all among them. As likewise,  
4. In the fourth place, It has been a grand Error to ascertain, That there were no English Men in the Common Council of the whole Kingdom, in the Reign of William the Conqueror.    
Now, Sir, as a corroborating Testimony, to explain and enforce what I already have said, I shall conclude my Discourse at present with a very memorable and studied Speech of a Person of great Learning and Abilities in his Time, collected out of a large Original Manuscript (which I have seen) of Sir Roger Owen, a very great Antiquary, that lived in the Time of King james; and one, who, as appears by that Book; was a Man not only of wonderful Knowledge, 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 Proceed in Courts of justice into the English Tongue: In which Debate some spoke 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, etc. and is here truly transcribed.  
Mr. Speaker;  
THe Question upon which your present Debate ariseth, is of no small moment, nor is it easily or speedily to be determined; for it comprehends no less than a total Alteration of the Frame and Course of Proceed of our Law, which have been established and continued for so many Years.  
I should not have troubled you with any of my weak Discourse, but that I apprehend some Mistakes and dishonour to the Law of England, if passed by without any Answer, may be of ill consequence; and having attended to hear them answered by others, who are not pleased to do it;  
I held myself the more engaged, in the duty of my Profession, to offer to your Judgement (to which I shall always submit) what I have met with, and do suppose not to be impertinent, for the rectifying of some Mistakes which are amongst us.  
A worthy Gentleman was pleased to affirm, with much confidence, (as he brought it in upon this Debate) That the Laws of England were introduced by William the Conqueror, as (among other Arguments, he asserted) might appear by their being written in the French Tongue.  
In his first Assertion, that our Laws were introduced by William the Conqueror out of France, I shall acknowledge, that he hath several both Foreign and Domestic Authors, whom he may follow therein; The Foreign Authors are, jovius, AEmilius, Bodine, Hottoman, Dynothus, Volateran, Berault, Berkley, Choppinus, Vspargensis, Malines, and Polidore, who affirm this erroneous piece of Doctrine; but the less to be regarded from them, because they were strangers to our Laws, and took up upon trust what they published in this Point.  
Of our own Countrymen, they have Paris, Malmesbury, Matthew Westminster, Fox, Cousins, Twine, Heyward, Milles, Fulbeck, cowel, Ridley, Brown, Speed, Martin, and some others.  
All of them affirm, That the Laws of England were introduced by William the Conqueror: But their Errors are refuted by Sir Roger Owen in his Manuscript; who saith, That Roger Wendover, and Matthew Paris, were the first Monks that hatched these addle Eggs.  
I shall endeavour to show you, That the Original of our Laws is not from the French; that they were not introduced by William the Conqueror out of Normandy: And I shall humbly offer to you my Answer to some of their Arguments, who are of a contrary opinion.  
Polydore, Hist. Angl. l. 9 affirmeth, That William the Conqueror first appointed Sheriffs and justices of the Peace, erected Tenors, brought in Trials by twelve Men, and several other Particulars of our Laws.  
For Sheriffs, their name Scire Reeve, shows them to be of the Saxon Institution. And our Histories mention the division of Shires by King Alphred; but in truth, it was much more ancient.  
And it is apparent by our Books and Records, some whereof are in the Hustings of London, and in the Tower, that the same things were in use here long before the Time of King Will. I.  
Sir Roger Owen shows at large, That Livery of Seisin, Licenses, or Fines for Alienation, Daughters to inherit, Trials by juries, Abjurations, Utlaries, Coroners, disposing of Lands by Will, Escheats, Gaols, Writs, Wrecks, Warranties, Catalla Fellonum, and many other parts of our Law, and the Forms of our Parliaments themselves, were here in being before the Time of Duke William.  
Agreeing hereunto are many of our Historians, and learned Antiquaries.  
But it is objected, That in the Grand Custumary of Normandy, the Laws are almost all the same with ours of England, and the form of their Parliaments the same with ours.  
That the Writer of the Preface to that Book, saith, It contains only the Laws and Customs which were made by the Princes of Normandy, by the Council of their Prelates, Earls, Barons, and other Wise Men; which shows the forms of their Parliaments to be the same with ours, and the Laws in that Book to be the proper Laws of Normandy, and ours to be the same; therefore they argue, that our Laws were introduced from thence by William the Conqueror.  
This will be fully answered, if that Grand Custumary of Normandy was composed in our King Edw. 1. his Time, (as good Authors hold it was) than it cannot be, That our Laws or Parliaments could be derived from thence.  
These Learned Men say, That this Custumary was a mere Translation of our Law-Book, Glanvill; as the Book of Regia Majestas of the Laws of Scotland is; and the like of the Laws of Burgundy.  
They farther add, That the first establishing of the Custumary of Normandy, was in Hen. 1. his Time; and afterwards again, about the beginning of Edw. 2. his Time.  
If the Laws in the Custumary were introduced there from England, it will then be granted, that the Laws of England were not introduced here by William the Conqueror: But I think it very clear, that their Laws were brought to them out of England; and than you will all agree to the conclusion.  
Our King Hen. 1. conquered Normandy from his Brother Robert, and was a Learned King, as his Name Beauclerke testifies; whom Ivo calls, an especial Establisher of justice.. Sequerius relates, That this King established the English Laws in Normandy.  
Herewith do agree Gulielmus Brito, Armoricus, Rutclurius, and other French Writers; who mention also, That the Laws in the Custumary of Normandy, are the same with the Laws collected by our English King Edward the Confessor, who was before the Conqueror.  
An additional Testimony hereof, is out of William de Alenso Revile, who, in his Comment upon the Custumary, saith, That all the Laws of Normandy came from the English Laws and Nation.  
In the Custumary, there is a Chapter of Nampes, or Distresses, and decreed, That one should not bring his Action upon any Seizure; but from the Time of the Coronation of King Richard; and this must be our King Richard the first, because no King of France was in that Time of that Name; and the words Nampes and Withernams, were Saxon words, taken out of the English Laws, signifying a Pawn, or Distress, and in the same sense are used in the Custumary.  
That which puts it further out of scruple, is, That there are yet extant the Manuscripts themselves of the Saxon Laws, made in the Parliamentary Councils held by them here; which are in the Language and Character of those Times; and contain in them many of those things which are in the Norman Custumary.  
It is no improbable Opinion, That there was a former Establishment of our Laws in Normandy, before the Time of Hen. 1. and that it was by Edward the Confessor, who (as all Writers of our History agree) was a great Collector and Compiler of our English Laws.  
He lived a long time with his Kinsman Duke William in Normandy, who was willing to please the Confessor, in hopes to be appointed by him to be his Successor; wherein the Duke's Expectation did not fail him.  
The Confessor having no Children, and finding Normandy without a settled Government, and wanting Laws, advised with his Kinsman, Duke William, to receive from him the Laws of England, which he had collected, and to establish them in Normandy; which Duke William and his Lords readily accepted, for the good of their People; and thereby obliged the Confessor.  
Another proof hereof is, That such Laws as the Normans had before the Time of Duke William, were different from those in the Custumary, and from the English Laws.  
As their Law, That the Husband should be hanged if his Wife were a Thief, and he did not discover it: The meaner People were as Slaves, and the like: and the Trial of Theft by Ordeil, which then was not in England.  
Wigorniensis reports, That the Normans who came in with Queen Emma, the Wife of Etheired, were so hated of the English, for their injustice and false judgement, that in the Time of King Canutus, they were, for this cause, banished; and it is the less probable, that they being so unjust themselves, should introduce so just Laws as ours are.  
Between the Conquest of Normandy by Rolio, and the Invasion of England by Duke William, there were not above 160 Years; that of Normandy was about Anno 912. that of England Anno 1060.  
It is not then consonant to Reason, that those Normans, Pagans, a rough Martial People, descended from so many Barbarous Nations, should, in the time of 150 Years, establish such excellent Laws among themselves, and so different from the French Laws, among whom they were, and all parts in the World except England.  
And such Laws which were not only fit for their Dukedom and small Territory, but fit also for this Kingdom, which in those days was the second in Europe for Antiquity and Worth, by confession of most Foreign Historians.  
If we will give credit to their own Authors, this Point will be sufficiently evinced by them. These words are in the Proem of the Custumary, which is entitled Descriptio Normanniae.  
Hucusque Normannicae CONSVETUDINES LATOREM sive Datorem SANCTUM EDWARDUM Angliae Regem, etc.  
The same is witnessed by Chronica Chronicorum, That St. Edward, King of England, gave the Laws to the Normans, when he was long harboured there.  
And that he made both the Laws of England and Normandy, appears sufficiently by the conformity of them, for which he citys several Particulars, as of Appeals, and the Custom of England, ad probandum aliquid per credentiam duodecim hominum vicinorum, which, he saith, remained in Normandy to that day.  
Polydore forgetting himself what he wrote in another place, saith, of King Henry the Seventh, that when a Doubt was made upon the Proposal of Marriage of his Daughter to Scotland, that thereby England might in time be subject unto Scotland.  
The King answered, No; and that England, as the Greater, will draw it to Scotland being the less, and incorporate it to the Laws of England, as (saith the Historian) it did Normandy, though the owner thereof was Conqueror of England.  
And Sir Roger Owen, in his Manuscript, affirms, That there is not any of our Historians, that lived in the space of 200 Years, immediately after the Conquest, which doth describe our Laws to be taken away, and the Norman Custom introduced by the Conqueror.  
Some of them (and not improbably) mention the alteration of some part of them, and the bringing in some Norman Customs, effectual for the keeping of the Peace.  
There is yet behind the great Argument most insisted on, and often urged by the Gentlemen of another Opinion, which is the Title of William, who is called the Conqueror; from whence they conclude, That by his Conquest he changed the Laws and Government of this Nation, and that his Successors reckon the beginning of their Reigns from his Conquest.  
To this is answered, That a posse ad esse non valet Argumentum: the Conquering of the Land is one thing, the introducing of new Laws is another thing; but there is direct proof to the contrary of this Argument.  
Duke William never Sir-named himself the Conqueror, nor was so called in his life-time, as may appear by all the Letters Patents and Deeds that he made, wherein he is called Guilielmus Rex, Dux, etc. never Conquestor; and our Ancient Historians give him the same Titles, and not that of Conqueror.  
In the Title of Nubrigensis' Book, he is Surnamed William the Bastard. Malmsbury calls him William the First; Hoveden, William the Elder.  
Adam de Monmoth saith, That 1. Ed. 3. this word (Conquest) was found out to denote and distinguish the certain Edward; because two of the same name were Predecessors to this King, and to the Conqueror, who claimed the Crown as Heir to Edward the Confessor, but (saith he) we call him the Conqueror, for that he overcame Harold.  
Duke William himself claimed to be King of England as Successor, and Adopted Heir of the Confessor, by his Will, and Harold's renounceing of his Title by Oath.  
The Register of St. Alban, Matth. Paris, and others, attest, That the Barons of England did homage to him as Successor; and he relied on them in his Foreign Wars, and the Check given to him by the Kentish Men, and the Forces gathered by the Abbot of St. Alban, brought him to engage to confirm the Laws of the Confessor; and as his Successor by legal Right, they admitted him to be their King.  
Volaterus writes, That he was made Heir to the Confessor, and was Uncle to him.  
Another affirms, That Edward by his Will left England to him.  
Paulus AEmilius, and Fulgasius, are to the same purpose.  
Pope Alexander the 11 th', sent him a Banner, as Witness, that with a safe Conscience he might expel Harold the Tyrant, because the Crown was due to him by the Confessors Will, and by Harold's Oath.  
Agreeable hereunto are Gemiticensis, Walsingham, Malmesbury, Huntingdon, Ingulphus, Paris, Pike, Wendover, Gaxton, Gisburn, and others.  
The Ancient Deeds of the Abbey of Westminster (which were sometime in my Custody) do prove this.  
King William, in his Charter to them, sets forth his own Title to the Crown, thus, Beneficio Concessionis & Cognati mei gloriosi Regis Edwardi.  
In his second Charter, dated Anno 15. of his Reign, he saith, in honour of King Edward, who made me his Heir, and adopted me to Rule over this Nation.  
In his Charter, dated 1088. of the Liberties of St. Martin's the Great, in the Manuscript thereof, are these words;  
In Example of Moses who built the Tabernable, and of Solomon who built the Temple,  
Ego Guilielmus Dei dispositione, & consanguinitatis Haereditate Anglorum Basileus, etc.  
The Charter of Hen. 1. his Son, to this Abbey, in honour of Edward my Kinsman, who adopted my Father and his Children to be Heirs to this Kingdom, etc.  
In another Charter of Hen. 1. in the Book of Ely, he calls himself the Son of King William the Great, who by Hereditary Right succeeded King Edward.  
It is true, as to his pretence of Title by the Will of the Confessor, Matthew Paris objecteth, That the Devise was void, being without the consent of the Barons.  
To which may be answered, That probably the Law might be so in Hen. 3. Time, when Paris wrote, and was so taken to be in the Statute of Carlisle, and in the Case of King john.  
But at the time of Duke William's Invasion, the Law was taken to be, That a Kingdom might be transferred by Will.  
So was that of Sixtus Rufus, and Asia came to the Romans by the Will of King Attalus; the words by Annaeus Florus are, Populus Romanus Bonorum meorum HAERES esto.  
Bithynia came to the Romans by the last Will of their King Nicomedes, which is remembered by Vtropius, together with that of Libya.  
Cicero in his Oration tells us, That the Kingdom of Alexandria, by the last Will of their King, was devolved to Rome.  
And Prasutagus Rex Icenorum in England, upon his Deathbed, gave his Kingdom to the Emperor Nero.  
As to Examples in this Point at Home, This King William the first, by his Will, gave England to his younger Son William Rufus.  
King Stephen claimed by the Will of Henry the first.  
King Henry the eight had Power, by Act of Parliament, to order the Succession of the Crown as he pleased, by Will.  
And the Lords of the Council, in Queen Mary's Time, wrote to her, That the Lady Iane's Title to the Crown, was by the Will and Letters of Edward the sixth.  
As. the case of Hen. 8. was by Act of Parliament; so Duke William, after he had conquered Harold, was, by the general consent of the Barons and People of England accepted for their King; and so his Title by Will confirmed.  
And he both claimed, and governned the Kingdom, as an Heir and Successor, confirmed their Ancient Laws, and ruled according to them: This appears by Chronica Chronicorum, speaking of William the Bastard, King of England, and Duke of Normandy, he saith, That whereas, as St. Edward had no Heir of England, William having conquered Harold, the Usurper obtained the Crown under this Condition, That he should inviolably observe those Laws given by the said Edward.  
It is testified likewise, by many of our Historians, That the Ancient Laws of England were confirmed by Duke William.  
jornalensis saith, That out of the Merchen-Lage, West-Saxon-Lage, and Dane-Lage, the Confessor composed the Common Law, which remains to this day.  
Malmesbury, who lived in Duke William's Time, saith, That the Kings were sworn to observe the Laws of the Confessor, so called, (saith he) because he observed them most religiously.  
But to make this Point clear out of Ingulphus, he saith, in the end of his Chronicle, I Ingulphus brought with me from London, into my Monastery, (Crowland) the Laws of the most Righteous King Edward; which my Lord King William did command, by his Proclamation, to be Authentic and Perpetual, and to be observed throughout the whole Kingdom of England, upon pain of most heinous punishment.  
The Lieger-Book of the Abbey of Waltham, commends Duke William for restoring the Laws of the Englishmen out of the Customs of their Country.  
Radburn follows this Opinion, and these Laws of Edward the Confessor, are the same in part which are continued in our GREAT CHARTER of LIBERTIES.  
A Manuscript entitled, De Gestis Anglorum, saith, That at a Parliament at London, 4. W. 1. the Lawyers also present, that the King might hear their Laws, he established Saint Edward's Laws, they being formerly used in King Edgar's Time.  
There is also mention of the twelve Men out of every County, to deliver truly the Estate of their Laws: The same is remembered by Selden's History of Tithes, and Titles of Honour, and in a Manuscript Chronicle bound with the Book of Ely in Cotton's Library.  
One of the worthy Gentlemen, from whom I differ in Opinion, was pleased to say, That if William the Conqueror did not introduce the Laws of Normandy into England, yet he conceives our Laws to be brought out of France hither, in the time of some other of our Kings, who had large Territories in France, and brought in their Laws hither; else he wonders how our Laws should be in French.  
Sir, I shall endeavour to satisfy his Wonder therein by and by; but, first, with your leave, I shall offer to you some Probabilities out of the History, That the Laws of England were by some of those Kings carried into France, rather than the Laws of France brought hither.  
This is expressly affirmed by Paulus jovius, who writes, That when the English Kings reigned in a great part of France, they taught the French their Laws.  
Sabellicus, a Venetian Historian, writes, That the Normans, in their Manners, and Customs, and Laws, followed the English.  
Polydore Virgil, contradicting himself in another place than before cited, relates, That in our King Hen. 6. Time, the Duke of Bedford called together the Chief Men of all the Cities in Normandy, and delivered in his Oration to them, the many Benefits that the English afforded them, especially in that the English gave to them their Customs and Laws.  
By the Chronicle of Eltham, H. 5. sent to Cane in Normandy, not only Divines, but English Common Lawyers, by the agreement at Troy's.  
So there is much more probability that the Laws of England were introduced into France and Normandy, than that the Laws of Normandy, or any other part of France, were introduced into England.  
If the Normans had been Conquerors of England, as they were not; but their Duke was only a Conqueror of Harold, and received as Hereditary King of England; yet is it not probable they would have changed our Laws, and have introduced theirs; because they did not use to do so upon other Conquests.  
The Normans conquered the Isles of Guernsey and jersey, yet altered not their Laws, which in their local Customs are like unto ours.  
The like they did in Sicily, Naples, and Apulia, where they were Conquerors; yet the Ancient Laws of those Countries were continued.  
I hope, Mr. Speaker, I have, by this time given some satisfaction to the Worthy Gentlemen who differed from me, that the Laws of England were not imposed upon us by the Conqueror, nor brought over hither, either out of Normandy, or any other part of Fran●e, but are our Ancient Native Law●.  
I must now come to endeavour also to satisfy the Wonder; If they were not brought out of Normandy, or some other part of France, how come they then to be written in the French Language!  
Sir, It is to me an Argument, That because they are written in French, therefore they were not brought in by Duke William the Norman; for the French Tongue was not the Language of Duke William, and the Normans.  
They had not been then in Duke William's Time, past four descents in that part of France; and it is improbable, that they, in so short a Time, should lose their Native Tongue, and take up, and use the Language of another Country, which was conquered by them.  
The Normans came from Sweden, Gothland, Norway, and Denmark, between whose Languages, and with the High-Dutch, their Neighbours, there is a great affinity; but between these Language, and the French, there is none at al.  
Vlphilus holds, that the Dutch Tongue came from the Goths. jornandus saith, The Goth's Tongue came from the Dutch. All agree, That between those Languages and the French there is no affinity.  
It is so improbable, that Duke William should cause our Laws to be in French, that when he proclaimed them, (as Ingulphus testifies) he commanded that they should be used in the same Language they were written (in English) to his Justices, and gives the Reason, Lest by Ignonorance we should happen to break them.  
But it hath been further objected, If Duke William did not cause our Laws to be written in French, what then should be the Reason, that the Grand Custumary of his Norman Laws were written in the French Tongue?  
The Reason thereof is given, That the Normans, being a Rough and Martial People, had few Clerks amongst them, but made use of those French, amongst whom they then lived, and whose Language they then began to be acquainted with, and to understand.  
But when they were in England, they had not so much use of those Clerks, and that Language, but more of the English.  
And probably it might be, that the Confessor had been so long in France, that he was more Master of that Language than the Normans, and that the Normans understood that Language better than the English, and thereupon the Custumary was written in the French Tongue.  
But it doth not therefore follow that Duke William must cause the English Laws to be written in the French Tongue: but it is more likely, that he might cause them to be continued in their Native Idiom, which was much nearer in affinity to his own Northern Language than the French was.  
That the French Tongue was not introduced, as to our Laws and other things, by Duke William into England, appears, in that the French was in great use with us here, both before, and sometime after his Invasion.  
Beda affirms, That in Anno 640, it was the Custom of England to send their Daughters into the Monasteries of France, to be brought up there; and that Ethelbert, Ethelwulf, Ethelred, and other Saxon Kings, married into the Royal Blood of France.  
G●●bor notes, That before the Time of Duke William, the Normans and English did so link together, that they were a Terror to Foreign Nations.  
Ingulphus saith, That the Saxon Hand was used until the Time of King Alfred, long before the Time of Duke William; and that he being brought up by French Teachers, used the French Hand.  
And he notes many Charters of Edward and Edgar written in the French Hand, and some Saxon mixed with it, as in the Book of Doomsday.  
That Edward the Confessor, by reason of his long being in France, was turned into the French Fashion, and all England with him.  
But that William the first commanded our Laws to be written in the English Tongue, because most Men understood it, and that there be many of his Patents in the Saxon Tongue.  
I suppose we may be satisfied, that William the first did not cause our Laws to be written in French, though the French Language was much in use here before his Time.  
And if he did not introduce the French Language into England, the Argument falls, That because they are written in French, therefore he brought them in.  
But, Sir, I shall offer you some Conjectures, how it came that our Laws were Written in French, which I suppose might be begun in the Time of our K. Hen. 2. who was a Frenchman born, and had large Territories and Relations in France, and with Frenchmen, of whom great Numbers came into England; and they and the English matched, and lived together, both here, and in some parts of France.  
Hence it came to pass, (as Giraldus Cambrensis notes) that the English Tongue was in great use in Bordeaux, and in other parts of France, where the Englishmen were resident and conversant; the like was, when the Frenchmen were so conversant in England.  
Matthew Westminster writes, That he was in hazard of losing his Living, because he understood not the French Tongue: and that in King Hen. 2. and King Stephen's Time, who had large Dominions in France; their Native Country, and the Number of French, and of Matches with them, was so great, that one could hardly know who was French, and who English.  
Gervasius Tilsberiensis observes the same: And Brackland writes, That in Rich. 1. Time, preaching in England, was in the French Tongue. Probably Pleading might be so likewise; and in King John's Time, French was accounted as the Mother Tongue.  
There are scarce any Deeds of our Kings in French before Hen. 2. his Time, the most are in Ed. 1. and Ed. 2. their Time.  
That our Laws were pleaded and written in French before Edw. 3. his Time, appears by the Stat. 36. Edw. 3. c. 15. which recites the Mischief of the Law being in French; and enacts, That the Law shall thereafter be pleaded in English, and enroled in Latin.  
This is one ground of the mistaken Opinion of Lambard, Polydore; Speed, and others, That Duke William brought in hither both the Norman Laws and Language; which I apprehend to be fully answered, and the contrary manifested by what I have said before on this Subject.  
Polydore's Mistake may appear the more, when he asserts, that by the Stat. 36. Edw. 3. Matters are to be enroled in English, which is contrary to the express Words, that they are to be enroled in Latin.  
Many of our Law-Books were written in Latin before the Norman Invasion, as appears by the Ancient Rolls of Manors, and Court Barons, and our Old Authors, Glanvill, Bracton, Tilsbury, Hengham, Fleta, the Register, and the Book of Entries.  
The Records at Westminster and the Tower, and other Records yet extant, are in Latin; and many Books of our Law in Latin, were translated into English, about Edw. 3. his Time.  
Most of our Statutes, from Edw. 1. his Time, till about the middle of Hen. 7. his Reign, are enroled in French, notwithstanding this Stat. 36. Edw. 3. except the Stat. 6. R. 2. & some others in Latin.  
R. 2. H. 4. H. 5. and H. 6. used to write their Letters in French; and some of our Plead are in French, and in the Common Pleas to our Time.  
But, Sir, our Law is, Lex non Scripta, I mean our Common Law, and our Statutes, Records, and Books, which are written in French, are no Argument that therefore the Original of our Laws is from France: but they were in being before any of the French Language was in our Laws.  
Fortescue writes, That the English kept their Accounts in French, yet doubtless they had Accounts here, and Revenues before the French Language was in use here.  
My Lord Cook saith, That the Conqueror taught the English the Norman Terms of Hawking, Hunting, and Gaming, etc. yet no doubt but that these Recreations were in use with us before his Time.  
And tho' Duke William or any other of our Kings before, or after his Time, did bring in the French Tongue amongst us, yet that is no Argument, that he or they did change, or introduce our Laws, which undoubtedly were here long before those Times; and some of them, when the French Tongue was so much in use here, were translated, written, and pleaded, and recorded, in the French Tongue, yet remained the same Law still.  
And from the great use of the French Tongue here, it was, That the Reporters of our Lawcases and Judgements, which were in those Times, did write their Reports in French, which was the pure French in that Time, tho' mixed with some words of Art.  
Those Terms of Art were taken, many of them, from the Saxon Tongue, and may be seen by them yet used; and the Reporters of later Times, and our Students at this day use to take their Notes in French, following the Old Reports which they had studied, and the Old French, which, as in other Languages, by time came to be varied.  
I shall not deny, but that some Monks in elder Times, and some Clerks and Officers might have a Cunning, for their private Honour and Profit, to keep up a Mystery, to have as much as they could of our Laws, to be in a kind of Mystery to the Uulgar, to be the less understood by them: But the Councillors at Law, and judges, can have no advantage by it; but perhaps it would be found, that the Law, being in English, and generally more understood, yet not sufficiently, would occasion the more Suits.  
And possibly there might be something of the like nature as to the Court Hand; yet if the more Common Hands were used in our Law-writings, they would be the more subject to change; as the English, and other Languages are, but not the Latin.  
Surely the French Tongue used in our Reports and Law-Books, deserves not to be so enviously decried. as it is by Polydore, Aliot, Daniel, Hottoman, cowel, and other Censurers.  
But, Mr. Speaker, if I have been tedious, I humbly ask your pardon, and have the more hopes to obtain it from so many worthy English Gentlemen, when that which I have said, was chief in vindication of their own Native Laws, unto which I hold myself the more obliged by the Duty of my Profession; and I account it an honour to me to be a Lawyer.  
As to the Debate, and Matter of the Act now before you, I have delivered no Opinion against it, nor do I think it reasonable, that the generality of the People of England should, by an Implicit Faith, depend upon the knowledge of others, in that which concerns them most of all.  
It was the Romish Policy, to keep them in Ignorance of Matters pertaining to their Soul's Health; let them not be in Ignorance of Matters pertaining to their Bodies, Estates, and all their worldly Comfort.  
It is not unreasonable, that the Law should be in the Language which may best be understood by those, whose Lives and Fortunes are subject to it, and are to be governed by it.  
Moses read all the Laws openly before the People in their Mother Tongue: God directed him to write it, and to expound it to the People in their own Native Language, that what concerned their Lives, Liberties, and Estates, might be made known unto them in their most perspicuous way.  
The Laws of the Eastern Nations were in their proper Tongue.  
The Laws at Constantinople were in Greek; at Rome in Latin; in France, Spain, Germany, Sweden, Denmark, and other Nations, their Laws are published in their Native Idiom.  
For your own Country, there is no Man that can read the Saxon Character, but may find the Laws of their Ancestors yet extant in the English Tongue.  
Duke William himself commanded the Laws to be proclaimed in English, that none might pretend ignorance of them.  
It was the Judgement of the Parliament, 36. Edw. 3. That Plead should be in English; and in the Reigns of those Kings, when our Statutes were enroled in French and English; yet than the Sheriffs, in their several Counties, were to proclaim them in English.  
I shall conclude with a Complaint of what I have met with abroad, from some Military Persons; nothing but Scoffs and Invectives against our Law, and Threats to take it away; but the Law is above the reach of those Weapons, which at one time or another will return upon those that use them.  
Solid Arguments, strong Reasons and Authorities, are more fit for Confutation of any Error, and Satisfaction of different Judgements: When the Emperor took a Bishop in complete Armour in a Battle, he sent the Armour to the Pope, with these words, Haeccine sunt vestes Filii tui?  
So may I say to those Gentlemen abroad, as to their Rail, Taunts, and Threats against the Law, Haeccine sunt Argumenta horum Antinomianorum? They will be found of no force, but recoiling Arms.  
Nor is it ingenious or prudent for ENGLISHMEN to deprave their Birthright, the Laws of their own Country.  
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 judicious Discourses writ, in some measure, more particularly 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 bias or prepossession; and I hearty could wish others would do the like, and that for TRUTH's sake.)  
The Discourses are these, viz.  
Mr. Selden 's jani Anglorum Facies Altera.  
Mr. Sylas Taylor's History of Gavelkind.  
Mr. Petyt's Rights of the Commons of England asserted.  
And Mr. Attwood's, jani Anglorum Facies Nova.  
And his,  
— Ius Anglorum ab Antiquo.  
You would likewise, I suppose, be extremely pleased in the perusal of another Learned and Modest Book, written by an Anonymous author, entitled, Patriarcha non Monarcha.  
Authors, for whose Names Posterity will have a greater respect than we at present have; and that for their discovery of Truth, and refuting so many Vulgar Errors.  I am, SIR, Your most Faithful Servant, etc. 
FINIS.   

The Appendix.  Abbess de Middleton tenet in Capite de Domino Rege Mannerium de Middleton, etc. ex Feoff●menti Regis AEthelstani & nullum servitium fecit nisi Orationes. In Rotulo de Inquisitionibus Dominicorum Dorse●shire. An●. 4to. R. H. Fil. R. I. 
Here we see that King AEthelstan, who reigned above 740 Years ago, enfeoffed the Abbey of Middleton, of the Manor of Middleton; and that by virtue thereof, the Abbot held it in Capite, 4. H. 3. and did no Service for it, but only to pray for the Souls of him, and other succeeding Kings; and all this, you see, found by Inquisition, in the Fourth Year of Hen. 3.  

Rot. Cartar. 19 H. 6. Nu. 16. m. 27. per Inspex.  
Pro Decano & Capitulo Sancti Martini Magni London. per Inspeximus.  
Inspeximus Cartam, quam celebris Memoriae Dominus Willielmus quondam Rex Angl. progenitor' nostri, fecit Deo & Ecclesiae Sancti Martini Magni London, in hec verba.  
QUia inter multa bona opera, quae fideles Christi pro animarum suarum salute operantur, hoc precipun estimatur & tenetur, Quod institution & edification Sanctae Matris Eccte devota ment impenditur in qua suorum Dei supplicationibus peccata a pio Deo diluuntur, quod Moses in mystici Tabernaculi constructione pmonstravit, quod etiam Salomonis industria pfiguravit, dum Templum Dno Artificiosum & honorabile edificaret, suturam significans Eccleam summo a fidelibus debere honore decorari, quorum vidlt exemplo in nomine Dm nri jesu Christi, Ego Willus Dei dispositione & consanguinitatis haereditate Anglorum Basileus Normannorumque Dux, & Rector eujusdam fidelis mei Ingelrici scilicet petitioni acquiescens Archiepiscoporum, Episcoporum, Abbatuum, Comitum & Vniversorum procerum meorum, Sacro Consilio parens omnes possessiones terrarum, quas tempore venerabilis ac dilectissimi cognati & predecessoris mei Regis Edwardi. Idem Ingelricus acquisierat ꝙ ipsius insignissimi Regis Animae Salute, necnon & peccatorum meorum Remissione, concedo & Regia auctoritate imppm corroboro & confirmo Deo & Eccle Beati Martini, quam infra muros London. sitam pfatus Ingelricus & Erardus Frat ejus de propriis suis Redditibus in delictorum suorum Remediun honorabiliter ad Dei laudem, & Canonicalem Regulam imppm servand & tenend construxerunt. Sunt igitur haec terrarum nomina, etc.  
Et si quas alias libtates vel consuetudines, aliqua Ecclearum Regni mei Angl meliores het; si quis vero hoc in aliud quam concessimus transferre psumpferit, cum Juda Proditore Dei h●e●edibas luat penas. Scripta est haec Chartula An ab Incarnatione Dm M. LX. VIII. scilicet secundo Anno Regni mei; pacta vero est haec Donatio die Natali● Dm, & postmodum in die Pentecost confirmat, quando Matil conjux mea in Basilica Sancti Petri Westm in Reginam divino nutu est consecrata, etc.  
Ego Willus Rex Anglorum & Dux Normannorum sub Sigillo Sancte, ✚ quas indeclinabiliter consensi atque ✚ rol oravi. Ego Matil Regina consensum prebui. Ego Ricus Regis Fil annui. Ego Stigandus Archiepiscopus subscripsi. Ego Aldredus Archiepiscopus confirmavi. Ego Willus Lond Episcopus, infra cujus muros pfatum Monasterium situm est, signaculo Sancte Crucis subarravi, & libtatem omnimodam quantumcumque mee ꝑtinet possibilitati, concessi. Ego Odo Baiocensis Episcopus concessi. Ego Hugo Luxoniensis Episcopus intersui. Ego Goiffridus Episcopus corroboravi. Ego Hermannus Episcopus concessi. Ego Leouricus Episcopus concessi. Ego Giso Episcopus concessi. Ego Edwinus Abbas. Ego Wolwaldus Abbas. Ego Baldwinus Abbas. Ego Agelsinus Abbas. Ego Turstinus Abbas. Ego Brand Abbas. Ego Alswinus Abbas. Ego Sithricus Abbas. Ego Wills Fil Osbti Comes. Ego Robtus Frat Regis Comes. Ego Edwinus Comes. Ego Robtus Comes. Ego Marchere Comes. Ego Waldeof Comes. Ego Rogerus de Monte Goverii Comes. Ego Ricus Fil Gislebti Princeps. Ego Wills Malet Princeps. Ego Arfastus Regis Cancellarius. Ego Michael Regis Capellanus. Ego Gislbtus Capellanus. Ego Osbinus Capellanus. Ego Wills Capellanus. Ego Thomas Capellanus. Ego Bernardus Capellanus. Ego Walterus Capellanus. Ego Robtus Capellanus. Ego Johes Sancte Romane Ecclie Cardinalis Presbit per Gallias & Angl concedente Papa Alexandro vices Apostolicas gerens, huic constitutioni interfui, & quantum Aposto ✚ lice Sedi ꝑtinuit libtatem Ecclie psenti Signo confirmavi. Ego Pe●rus Sancte Romane Ecclie similit Cardinalis Presbit & Cancellarius, ab eodem Papa in Angl ele ✚ gatus, huic Constitutioni acquiescens propria Manu subscripsi.   
I give you this Charter, Sir, as a further Proof and Evidence for me, in these Particulars, viz.  
1. You may observe by these words, Consanguinitatis haereditate Anglorum Basileus, that here King William made an absolute disclaimer of Conquest, in the second Year of his Reign, and only insisted on, (what he knew full well was his surer hold,) his claim by Hereditary Right.  
2. And this is so much the more considerable, as it was done in his Great Council of Archbishops, Bishops, Abbots, Earls, & Vniversorum procerum suorum, a word of a large signification, as well in Historians as in Ancient Records, for under the word Proceres were comprehended Principes Civium, vel Civitatis; And the former Instances I have given you of other General Councils, and the Parts thereof in this King's Reign, fully agree with this Interpretation.  
3. The Claim and Protestation of the Commons made the Parl. 2d H. 5. 
Rot. Parl. 2. H. 5. Pars secunda N. 10.  which says, That so as hit hath ever be their Liberte and Freedom, that thar should no Statute, ne Law, be made of lass then they yaffe thereto their assent, considering that the Commune of your Lond, the which that is, and ever hath be a Member of your Parliament, been as well Assentirs as Petitioners. And which was ratified and confirmed by the King and Lords, and so became an Act of Parliament, was, but an Affirmation and Declaration of the Ancient Law of the Land: And the same Right cannot be denied by any Man to the Lords.  
4. And that he confirmed (as the Custom of succeeding Kings have done to this day) all the Possessions of those Lands to the Church of St. martin's le Grand, which they had in the Time of EDWARD the CONFESSOR.  
Now if this fond Notion of William's Absolute Conquest be true, then either the Archbishops, Bishops, Abbots, Priors, Earls, Barons, and Commons, in Parl. 15. R. 2. knew it, or they did not. That they were ignorant of it, is not easily to be presumed, because they lived within ten of three hundred Years ago, and no doubt but there were some Learned Men among them, that knew the ancient Constitutions of the Nation: And if they did, then were they guilty of the greatest madness and folly that ever was, when the Commons prayed that King; En plein Parliament que nostre Seigneur le Roy s●it & estoise ausi frank en sa Regalie Liberte & Dignity royal en son temps come ascuns de cest Noble Progenitors, 
Rot. Parl. 15. R. 2. N. 13.  Roys d' Eng● furent en lour temps nient contresteant ascun Estatut on Ordinance fait devant cest hures' a contraire & mesment en derogation de la Libertee & Franchise de la Corone qu'il soit adnulle & de nul force & puis touz les Prelate's & Seigneures Temporels prierent en mesine le manere & sur ce nostre Seigneur ledit Roy mercia les dits Signior & Communes de la grant tendresse & affection quails avoient a la Salvation de son Honeur & de son Estate & a cause que lour dit pryers & requests luy semblerent honestes & resonables i'll sagrea & assenta pleinement a ycelles.  
Now can any Man, of but an ordinary understanding, think, That the Parliament intended, by this Act, to out themselves of all their Ancient and Legal Rights, and totally to give up their Estates and Fortunes to the King's absolute Disposition? Is it possible almost to be supposed, that they designed to confound and overthrow the whole Polity and Government of the Kingdom, and reduce all to the Arbitrary Will and Power of a New Conqueror, without a Conquest? What Man is there (that is not become servile to Common Opinion, and implicit Suppositions) of so Inventive a Faculty, as to conjecture such grand Absurdities? And yet these, and many more, are the direct Consequences of those that endeavour to maintain and justify these pernicious Principles.  
For the Petition and Law is, that Rich. 2. should be as free in his Regality, Liberty, and Dignity Royal, as any of his Noble Progenitors Kings of England; than it naturally follows, That he was to be as Free and Absolute as William the Conqueror: And than what is the Conclusion and Result, 
The Anonymus Author against Mr. Petyt. p. 43.  But that the English were neither to have Estates nor Fortunes left them: and therefore it could be no great Matter to them, by what Law, Right, or Property, Men held their Estates; And so farewell to Parliaments.  
But we know, and are well assured, That never any such Imagination entered into the Minds of the Lords and Commons, in 15. R. 2. 
Ras. Stat. 15 R. 2. f. 161.  not only by the Laws made then in that Parliament, but by those in the next Parliament, held the next Year after. 
Id. 16. R. 2. fo. 163.   
The Commons granted to the King, That (pur la grant Affiance, Affection, and Assurance) for the great Trust, 
Rot. Parl. 16 R. 2. N. 8.  Affection, and Assurance they had in the Noble Person of the King, in his most excellent Knowledge, and his most sage Discretion; and also for the great tenderness they had for his Crown and the Kingdom (& les drots dicels) and the Rights thereof, (sh' accorderant & assenterent) they agreed and assented, in full Parliament, That the King, by good deliberation, and Assent of the Lords of his Wise Council, might take the whole Matter, touching the Statute of Provisors, to him; and that he should have full Power and Authority to modify the said Statute against the Pope and Court of Rome; and to Ordain, by the Deliberation and Assent aforesaid, in such manner as he should think best, to the Honour of God, and of Holy Church, and the Salvation of the Rights of his Crown, and of the Estate and Profit of this Realm, and to put the same in execution when done.  
And that (au proschein Parliament) at the next Parliament, all the Matter aforesaid should be fully shown (as ditz Communes) to the said Commons; and the Reason thereof is memorable, viz. (au sin quills purront alors par bon avisement agreer, si Dieu plest, a y●elles;) That the Commons than might, upon good advice, agree thereto, if it should so please God.  
From all which it evidently appears;  
1. That no Law could be made in Richard the Second Time, or in any of his Progenitors, Kings of England, (which cannot but take in William the First) without the Assent of the Lords and Commons in Parliament.  
2. That none of those Kings could abrogate or make void such Laws, when made, without the like assent.  
3. That though the General Phrase, viz. That King Richard should be and stand as free in his Regality, Liberty, and Dignity Royal in his Time, as any of his Progenitors were in Theirs; and that the King says, That the Desires and Requests of the Commons, seemed honest and reasonable to him, and therefore he gave his Royal Assent to that Law: Yet neither the King, nor the Lords, could ever believe, that it was honest and reasonable; or that it was any part of the Liberty and Dignity of the Crown, to change the whole Frame and Constitution of the English Government, by altering and making Laws at Will; by taking away the Subjects Possessions, and bestowing them upon whomsoever he pleased; by destroying the ancient Course and Power of Parliaments; and, in a word, by turning all things topsy turvy.  
And thus we have the Evidence and Proof of the greatest Authority that can be given, against the Absurdity, as well as falseness, of King William's Absolute Conquest, viz. a Law and Statute of the Kingdom.  
To conclude all, I shall make bold to borrow the words of that great Assertor of the Protestant Cause, against the Intolerable Usurpations of Papal Power, the so eminently Learned and Pious Thomas now Lord Bishop of Lincoln, in his Treatise of Popery, or the Principles and Positions approved by the Church of Rome, etc. in Quarto, pag. 116. and say, If any Man can truly and impartially (as to the sum and substance of the Testimonies here cited, for I neither need, nor will undertake for every particular Circumstance, or Typographical Error) either show,  
1. That I have misquoted the Authors and Books I cite; and that such Passages do not occur in the places quoted.  
2. Or (if they do occur) that I have mistake their meaning, as to the Purposes for which they are produced.  
I say, If any Man can, and will ingeniously show me either of these, I shall be so far from not confessing my Fault, or declaring how I was misled into it; that I shall have a bearty value for any such friendly admonition, and receive it with all the grateful acknowledgement as becomes me: For my only design is, the Detection of Error, and Establishment of Truth to future Generations, and not to have the World imposed upon by the Tricks, Impostures, and Artifices, which too many have been guilty of, either to promote their own particular Gain and Interest, (to which such care not what they Sacrifice) or, upon a far worse, and more grievous Consideration, to bring the whole Nation into dividing Parties and Factions; and thus by embroils and Entanglements, to throw them at last into fatal Convulsions, to the destruction both of Prince and People.  
FINIS.