第24章 V. (7)

Again, it is very probable, that of the English themselves, there were Persons of very various Conditions and Inclinations; some perchance did adhere to the Duke, and were assistant to him openly, or at least under-hand, towards the bringing him in; and those were sure to enjoy their Possessions privately and quietly when the Duke prevailed. Again, some did, without all question, adhere to Harold, and those in all Probability were severely dealt with, and dispossess'd of their Lands, unless they could make their Peace. Again, possibly there were others who assisted Harold, partly out of Fear and Compulsion; yet those, possibly, if they were of any Note or Eminence, fared little better than the rest. Again, there were some that probably stood Neuters, and medled not; and those, though they could not expect much Favour, yet they might in Justice expect to enjoy their own. Again, it must needs be supposed, That the Duke having so great an Army of Foreigners, so many ambitious and covetous Minds to be satisfied, so many to be rewarded in Point of Gratitude; and after so great a Concussion as always happens upon the Event of a Victory, it must needs, upon those and such like Accounts, be evident to any Man that considers Things of this Nature, that there were great Outrages and Oppressions comwitted by the Victor's Soldiers and their Officers, many false Accusations made against innocent Persons, great Disturbances and Evictions of Possessions, many right Owners being unjustly thrown out, and consequently many Occupations and Usurpations of other Men's Rights and Possessions, and a long while before those Things could be reduced to any quiet and regular Settlement.

These general Observations being premised, we will now see what de Facto was done in Relation to Men's Possessions, in Consequence of this Victory of the Duke.

First, It is certain that he took into his Hands all the Demesn Lands of the Crown which were belonging to Edward the Confessor at the Time of his Death, and avoided all the Dispositions and Grants thereof made by Harold, during his short Reign; and this might be one great End of his making that noble Survey in the fourth year of his Reign, called generally Doomsday-Read, in some Records, as Rot. Winton, &c. thereby to ascertain what were the Possessions of the Crown in the Time of the Confessor, and those he entirely resumed: And this is the Reason why in some of our old Books it is said, Ancient Demesn is that which was held by King William the Conqueror; and in others 'tis said, Ancient Demesn is that which was held by King Edward the Confessor, and both true in their Kind; and in this Respect, viz. That whatsoever appeared to be the Confessor's at the Time of his Death, was assumed by King William into his own Possession.

Secondly, It is also certain, That no Person simply, and quatenus an English Man, was dispossess'd of any of his Possessions, and consequently their Land was not pretended unto as acquired Jure Belli, which appears most plainly by the following Evidences, viz.

First, That very many of those Persons that were possessed of Lands in the Time of Edward the Confessor, and so returned upon the Book of Doomsday, retain'd the same unto them and their Descendants, and some of their Descendants retain the same Possessions to this Day, which could not have been, if presently Jure Belli ac Vicioriae universalis, the Lands of the English had been vested in the Conqueror. And again, Secondly, We do find, that in all Times, even suddenly after the Conquest, the Charters of the ancient Saxon Kings were pleaded and allowed, and Titles made and created by them to Lands, Liberties, Franchises and Regalities, affirm'd and adjudg'd under William I. Yea, when that Exception has been offered, That by the Conquest those Charters had lost their Force, yet those Claims were allowed as in 7 E. 3. Fines, as mentioned by Mr Selden, in his Notes upon Eadmerus, which could not be, if there had been such a Conquest as had vested all Mens Rights in the Conqueror.

Thirdly, Many Recoveries were had shortly after this Conquest, as well by Heirs as Successors of the Seisin of their Predecessors before the Conquest. We shall take one or two Instances for all; namely, that famous Record apud Pinendon, by the Archbishop of Canterbury, in the Time of King William I of the Seisin and Title of his Predecessors before the Conquest: See the whole Process and Proceedings thereupon in the End of Mr Selden's Notes upon Eadmerus; and see Spelman's Glossary, Title Drenches. Upon these Instances, and much more that might be added, it is without Contradiction, That the Rights and Inheritances of the English qua Tales, were not abrogated or impeach'd by this Conquest, but continued notwithstanding the same; for, as is before observ'd, it was Jure Belli quoad Regem, sed non quoad Populum.

But to descend to some Particulars: The English Persons that the Conqueror had to deal with, were of Three Kinds, viz. First, Such as adhered to him aginst Harold the Usurper; and, without all Question, those continued the Possession of their Lands, and their Possessions were rather increased by him, than any way diminished. Secondly, Such as adhered to Harold, and opposed the Duke, and fought against him; and doubtless, as to those, the Duke after his Victory used his Power, and dispossess'd them of their Estates: Which Thing is usual upon all Conclusions and Events of this Kind, upon a double Reason; 1st, To secure himself against the Power of those that oppos'd him, and to weaken them in their Estates, that they should not afterwards be enabled to make Head against him. And, 2dly, To gratify those that assisted him, and to reward their Services in that Expedition; and to make them firm to his Interest, which was now twisted with their own: