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Proper ud only w»y to in
ESTABLISHMENT IN HONOUR,
Freedom, Peace, and Happiness:
And the necessity, justice, and present seasonableness of breaking it in pieces, demonstrated, in eight most plain and true propositions, with their proofs. By the author of Anti-Normanisro, and of the Plain English to the neglecters of it.
Deo, Patrice, Tibi.
Imprimatur Gilbert Mabbot. London, printed for R. L. Anno Dom. 1643. Quarto, containing sixteen pages.
TO THE READER. READER,
THOU hast here once more my endeavour for to draw this our nation from under the right, title, effects, and badges of the Norman (pretended) conquest over us, to which, by the iniquity of precedent times, ала the ignorant negligence of the present, we remain still subject. Conquest, saith Dr. Hudson, in its best attire, is the most eminent of curses; but, sure, it is a curse far more eminent, to be so difficult to be persuaded to come out ofthat quality, especially, while undeniable justice, power, and opportunity add their invitations. If, what is here made manifest, shall meet with due and timely regard, and produce effects according, we may happily recover that incomparable freedom, honour, peace, and happiness, which we enjoyed under the glorious, and our last right English king, St. Edward; but, if such cold consideration shall attend it, as seems to have befallen what hath been before sent abroad upon the same errand, I shall esteem itgreat pity, and ammuch deceived, if either by our old,or some new conquerors, we be not taught with more than words, what belongs to such as have not capacity to be cither ingenuous subjects, or dutiful slaves. Vale.
That the right and title of a (pretended) conquest over the English nation, by foreigners called Normans, hath been heretofore set up, and is «till upheld in this kingdom, and that all Englishmen, by the mouths of their parliaments and lawyers, have submitted and «do still submit unto the same, and are governed in great part by Normao innovations, being foreign laws and customs introduced by the said Normans in despight of the English people, for marks and monuments of the sa.id conquest,
THAT the right and title of such a conquest is still on foot, and stands for the basis of this kingdom, I suppose needs no proof. That it is accordingly still submitted to, I have proved in my Plain English, page 3,4, a sufficient part of which probation is this, viz. that, by the mouths abovesaid, we do acknowledge (how truly 1 shall shew in my fifth proposition) that the duke of Normandy absolutely purchased with bis sword the crown of England and our allegiance, for otherwise he could not be as we name him our conqueror. Secondly, That accordingly we do submit if his heirs, placing him the said duke,specificated with his said title of conqueror, for the root and alpha of our rightful kings; so that it is plain that the said conquest doth enjoy both our acknowledgment and professed allegiance: That the Norman innovations ere retained, to the almost exiling of our own proper laws, is every where both * legible and visible: That they were introduced in manner and for the purpose abovesaid, and accordingly resented and reluctated against by the English people, while they understood themselves and their proprieties, may appear by their many exclamations mside against them unto the (pretended) conqueror, by the acts of the Kentish men, and by the Londoners petition in King Stephen's time, which also occasioned those many regal oaths to be then and still taken, though not yet performed, for retracting these innovations and restoring the laws of King Edward; so far are the said innovations from being any part of our legitimate laws, though our wild lawyers so repute them, the proper birth or stamp whereof is to be of the people's choosing, as the coronation-oath testifies. And thus much for to shew that, while we dispute the duty of subjects, we profess the allegiance of captives; while we spurn at English proclamations, we submit to Norman laws; and that, notwithstanding all our great victories and triumphs, we do still remain, as much as ever, under the title and in the quality of a conquered nation; unto which what reasons we have to induce us, I shall shew in my ensuing propositions.
That the said title of conquest and Norman innovations (while thej continue in force, in this kingdom) are destructive to the honour, freedom, and all other unquestioned rights of this nation, and much more to the present legality and future validity of this parliament's proceedings.
• Sec Daniel's Hilt. p. 43.
A GREAT part of the injuriousncss of this title and innovations, towards our nation, I cannot botter set forth than in the words of learned Fortescue (cited by Mr. Prynne in his Sovereign Power, part 1. p. 37, 38.) though himself a Norman and arguing only against unlimited prerogative in the crown, «liich is but part of what is inseparably wrapped up in the title of conquest, who hating declared it to be the undoubted rigbl of Englishmen to have this two-fold privilege, viz. To be under ]avvs of their own choosing, and princes which themselves admit (in which two consists a great рдг.1 of their honour and the sum of their freedom as I have shewed in my PJain English, p. 1.) adds, that of the benefit of this their jight they should be utterly defrauded, if they should be under a King that might spoil them of their goods, as our first pretended conqueror did, and as the heirs of his title by the law of all conquests still may, and yet should they be much more injured, if they should afterwards .be governed by foreign and strange laws, and such peradventure as they deadly hated and abhorred, of which sort I have before shewed tin se innovations to be. And most of all, if by those laws their substance should be diminished, as it is by many of these innovations, particularly that of drawing the generality of law-suits to Westminster, for the safeguard whereof, ая also of their honour and of their own bodies, they submitted themselves to his government; thus and morehe ; towJiich Imay add,that this injurionsnese were yet more aggravated, if our kings which were installed by our admission,'and should thus patronise our honour, &c. should profrss themselves to be of foreign blood, declare that they owe their right to the crown unto none but thr-ir sword, and write on our foreheads that we are their conquered and captive vassals, as our princes, while they retain the said title, do. In sura, the title und eftects of this pretended conquest are a yoke of captivity, unto which while we continue our fond and needless submission, we renounce honour, freedom, and all absolute right to any thing but just shame and oppression, being thereby in the quality of professed captive bondslaves, unto the heirs of the duke of Normandy, and wearing the open livery of that profession. And, though we enjoy a mitigation of our slavery by charters, yet are those charters revokable at the King's pleasure, as * King Richard the Second well observed, while the kingdom continues grounded on the conquest; which I have sufficiently proved, in the preface to Plain English, from the tenourof Magna Charta itself (which declares the said charter to be an act of mere grace and favour, and grounded upon respect not so much of duty as of meritorious supererogation towards God, much less of duty, though benefit, to the nation) and from af confession of parliament; and is also otherwise no less clearly evincible, for that it is a maxim, that all subjects of a conquest, especially while they profess themselves such, as we simply still do, arc in the quality of tenants in villenage, subject and subservient, in their persons and estates, to the will, honour, and benefit of their conqueror and his heirs, according to the axiom in I Caesar (men
• Set Kr. í'rvunc'i S. P. fol. 59, t>. t Sri« M. Prjnne'j citation lut mentioned.
t In lib. i. de Bello Galiico. VOL. VI. M
tioncd in my Plain English, pag. 7.) -'"'v est belli ut hi qui ticisteni hi» quos ricasent guemadmodum vellent imperarent. That the conquered are, by the laws of war, under the arbitrary rule and government of their conquerors; and according to the practice in the Turkish dominions, which are not more grounded on conquest than we yield ours to be; which captive and slavish quality, how unseemly it is for Englishmen to continue in, especially towards a Norman colony, and that, while they may with justice and facility come out of it, I have shewn in my Anti-Normanism: And as touching the consequent* illegality of this parliament's proceedings, until they either repeal this title, or else renounce the quality of Englishmen, if it seem not evident enough from the premisses, it may be seen in my Plain English, evinced and proved against all objections whatsoever; of which illegality, future • invalidity is both the sister and daughter.
That the same are also derogatory to the King's right to the crown, to his honour, and to his just interest in the people's affections.
FOR it is confessed on all sides, particularly by Master Marshall and Master Prynne, the prolocutors of the parliamentarians, and by Dr. Hudson, the grand royalist, that the title of conquest is t unjust, as being gained by murderous rapine; so that, while we ground the King's title on a conquest, we make him apredonical usurper, and defraud him of his just right, founded on St, Edward'« legacy, joined with this nation's admission, besides his beirship to the English blood, as I have shewn in my Plain English, page the last, and in Anti-Norman, page 19. And, as for his honour and just interest in the people's affections, they consist in his being pater patria, as himself also lately intimated; but the title of the conquest holds him in the quality not only of a foreigner, but also of the capital enemy of his subjects, and so affords their minds mote provocation unto hatred and revenge, than unto affection or allegiance, as I have plainly shewn in my preface to Plain English, and in Anti-Norm, pages 20, 21 ; and may be discerned from those suitable fruits of it, which I shall hereafter specify. Neither do the innovations (the effects and badges of the pretended conquest) want their share in the like effect, as being a just cause of the disrelishment and contempt of our laws, (so Normalised both in matter and form) by understanding men, and no doubt the ground ofthat general and inbred hatred which still dwells in our common people against both our laws and lawyers.
That the same have been the root and cause of all the civil wars (about temporal matters) that were ever in this kingdom betwixt King Mid people, and are likewise, for the time to come, destructive to all well-grounded, firm, and lasting unity, peace, and concord in this realm, and consequently to the strength of the same.
-• The example of the extorting of Magna Charta makes Dothin; to the contrary, for that »a» done (as Daniel's history testifies) by the nobility of those timef, under the notion and quality of Kormans and coheirs of tht conquest, which quality, I suppose, our parliament will not, if they could, aaeome.
t Likewise by our own laws, obligations extorted by duress, as U fealty to conquest, aie
THE narrative is evident from history, the rest from reason; for bow can there be union in affection betwixt those that are professed strangers and enemies one to another, as this title and innovations, the ensigns of hostility, render our Kings and people? Moreover the said title, by reason of the unlimited prerogative inseparably appendent, is apt to suggest seeds of tyranny to the crown, as it hath continually done, and consequently of insurrections to the subject, to the disturbance of the publick peace; which is confirmed by the said many civil wars we have had in this kingdom since these abuses were set on foot, whereas before we never had any; and weakness must needs wait upon that body, where there is such a disunion and antipathy bctwix the head and members.
That the introduction of the said title and innovations was, and the retaining of them is, contrary to the fundamental constitution of this kingdom.
FOR the Norman * duke was admitted as legatee of St. Edward, and upon his oath to preserve our laws and liberties, and not as a conqueror, nor yet for an innovator, as the most autlientick historians testify ; among whom honest ^milius Veronensis, an impartial stranger, writing of thic matter, saith expressly, Non tpsi homines sed causa dejuncti victa extinctaqitf; That it %.\as not the English nation, but the usurper Harold that was overcome, and as, in opposition to the innovations, J shall make more clear in the confirmation of my next proposition; insomuch that the violent introduction of the said abuses was, and the pertinacious upholding of them, is an usurpant, perjurious, and perfidious robbing us of the title and quality of a free nation.
That the retaining of the same is contrary to the coronation oath of all our Kings, and to the oaths and duties of parliament and people.
FOR it is the first and chief part of the proper and solemn oath of all our Kings at their coronation, as it was the first Norman's like oath, cither at his coronation, or at least, f before his full admission and con
* Not »ny Mitory »r record saith that Hr claim«! Ihe crown, before lie had it, as conqueror of '-njlMnJ, much Ita that he Wm acknowledged for such by the Enulish, or submit led to under '"« title; therefore the astumptitm of that title afterwards wasiuurpatory.
See my Anti-Norm, p. 1 f, 1Q.
* Sec Mr. Prjune's citation! of testimonia to tins purpose, in hit S. P. p, $1, S3, and my Ami
Kom. p. 11;