Cottoni posthuma divers choice pieces of that renowned antiquary, Sir Robert Cotton, Knight and Baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by J.H., Esq. — Selections. 1672

Cottoni posthuma divers choice pieces of that renowned antiquary, Sir Robert Cotton, Knight and Baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by J.H., Esq. — Selections. 1672

Table of contents

[1]

Title page

To his worthily Honoured Friend, Sir Robert Pye Knight, at his House in Westminster.

To the Knowing Reader, touching these following Discourses, and their AUTHOR.

In these Discourses you have

A RELATION OF THE PROCEEDINGS AGAINST AMBASSADORS Who have miscarried themselves, &c.

[2]

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That the Kings of England have been pleased usually to consult with their Peers in the Great COUNCIL, &c.

[3]

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THAT THE SOVERAIGNS PERSON is Required in the Great COUNSELS, OR ASSEMBLIES OF THE STATE, &c.

[4]

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A DISCOURSE OF THE LAWFULLNES OF COMBATS To be performed in the presence of the KING, &c. COMBAT.

[5]

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A BRIEF ABSTRACT ACT Of the Question of Precedency between England and Spain, &c. Precedency of the King in respect of place Antiquity as a Kingdomor aChristian Kingdom.orEminency of the Throne Royalorperson Nobility of bloudorAntiquity of Government.

Precedencie of England in respect of the Antiquity of the Kingdome.

Subsequence of Spain.

Precedency of England in respect of Antiquity of Christian Religion.

Subsequence of Spain.

Precedency of England in respect of the more absolute Authority Politicall.

Subsequence of Spain.

Precedency of England in respect of more absolute authority Ecclesiastical.

Subsequence of Spain.

Precedency of England, in respect of Eminency of Royall Dignity.

Subsequence of Spain.

Precedency of England before Spain, in respect of the Nobility of Blood.

Subsequence of Spain.

Precedency of England, in respect of antiquity of Government.

Subsequence of Spain.

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A REMONSTRANCE OF THE TREATIES OF AMITY AND MARRIAGE Before time, and of late of the House of AVSTRIA and SPAIN, &c.

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Twenty four ARGUMENTS Whether it be more expedient to suppress POPISH PRACTISES Against the due ALLEGEANCE To His MAJESTY. By the Strict Execution touching Jesuits, and Seminary Priests, &c.

In favour of the first Division.

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

X.

XI.

XII.

In favour of the second Division.

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

X.

XI.

XII.

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The Manner and Means how the KINGS OF ENGLAND Have from time to time SVPPORTED AND REPAIRED THEIR ESTATES.

1. By Parliament.

2. Excess of the houshold abated and reformed by the Councel-Table.

By abating and reforming the excess of Retinue and favorites.

By abating and reforming the excess of Gifts and Rewards.

For Defence of the State.

For maintenance of Religion and the Church.

For support of the Laws and liberty of the Common-Wealth.

For redress of the Agrievances.

Or to enable him out of his own by an Act of Resumption of Lands, offices, annuities.

First upon Lones voluntary, as upon assurance of Bond of the Nobility.

Vpon pawn of Jewels.

Lones voluntary upon Assignments of Customes and Subsidies.

Lones voluntary upon the Great Seal or the Privy Seal.

Particular Grants of the Subject by Lone compulsive.

Particular Grants of the subjects by contribution or Benevolent gifts.

Kings raise money, and improve their Revenues, by Farming out for years, Lands, casualties, or wastes.

Kings raise money, and improve the Revenues of their Crown, by manuring of Lands.

1. Trading themselves.

1. Lawfully, but solely.

2. Unlawful or Prohibited.

1. Farming out of Ships.

2. Raising the Book of Rates.

3. Farming out of Customes.

Liberties.

For Letters of Fav•••.

For Offices.

For Honours.

For the Coine and Bullion.

Regalities mixt.

Corrodies in Cathedral Churches.

Vacancy of Bishopricks.

Concurrent Jurisdiction as the Pope had in former times.

Tenths of the Church-Lands now in the Laity.

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AN ANSVVER TO CERTAIN ARGUMENTS Raised from Supposed Antiquity, And urged by some Members of the Lower House of PARLIAMENT, To Prove that Ecclesiastical Lawes Ought to be Enacted by Temporal Men.

The second Objection. Ecclesiastical Laws enacted in Parliament.

The third Reason. Ecclesiastical Lawes enacted in Parliament.

Practice.

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THE ARGUMENT Made by the COMMAND Of the House of COMMONS (Out of the Acts of Parliament, and Authority of Law, expounding the same) at a Conference with the LORDS, Concerning the Liberty of the person of every FREEMAN.

The Objections of the Kings Councel, with the Answers made thereunto at the two other conferences touching the same matter.

The true Copies of the Records not printed which were used on either side in that part of the deba e. Inter. Record. Domini Regis Caroli in Thesaurar. recep. 〈◊〉. sui sub Custodia Domini Thesaurar. & Camer. ibidem remanen. videlicet Plac. coram ipso Domino Rege & Concilio suo ad Parliamentum su •m post Pasc. apud London in Ma •erio Arch••piscopi Ebor. Anno Regni Domini Regis Edwardi 21. int. al. sic. continetur ut sequitur.

Rot. Secundo in Dorso.

Ex Rot. Paliamenti de Anno Regni Regis Edwardi tertii Tricesimo quinto n. 9.

Respons.

Nu. 2.

33. Parl. Anno 42. Edward 3. n. 12.

Ex Rot. Claus. Anno Regis Edwardi primi primom. 1.

M.7.

M.9.

Claus. Anno secundo Edwardi primi M. 12.

Clauso Anno secundo Edwardi primi. M. 14.

M. 15.

Clauso Anno 3. Edwardi primi. M. 11.

M. 20.

Clauso Anno quarto Edwardi primi. M. 5.

Clauso Anno quarto Edwardi primi. M. 16.

Clauso Anno quinto Edwardi primi. M. 1.

M. 2.

Clauso Anno sexto Edwardi primi. M.

M. 4.

M. 4.

Clauso Anno 3. Edwardi secundi. M. 13.

M. 14.

M. 18.

Clauso Anno quarto Edwardi Secundi. M. 7.

M. 8.

Clauso Anno quarto Edwardi secundi. M. 22.

Patent. Anno octavo Edwardi pars prima membr. 14.

Per Petitionem de Concilio apud Novum Castrum super Tynam.

Patent. vicesimo septimo Edwardi tertii pars prima membr. 13.

Patent. 42. Edwardi. 3. part. secunda mem. 13.

Pat. 34. Henric. sext. membr. 23.

Pat. 24. Henric. 6. memb. 19. pars prima.

Clauso Anno 27. Henric. 6. m. 24. dorso.

Pat. 34. Henric. sext. membr.13.

[11]

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A SPEECH Delivered in the Lower House of PARLIAMENT Assembled at OXFORD: In the first year of the Reign of King CHARLES.

[12]

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A SPEECH Touching the ALTERATION OF COYNE.

The Answer of the Committees appointed by your Lordships to the Proportion delivesed by some Officers of the Mint, for inhauncing his Majestie's monies of Gold and Silver. 2. September 1626. The first part. The Preamble.

Questions to be proposed to the Merchants, Mint-Masters, and Gold-Smiths, Concerning the Alteration of the Silver Monies.

Certain General Rules collected concerning Money and Bullion, out of the late Consultation at Court.

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THE DANGER Wherein this Kingdome now standeth, and the REMEDIE.

[14]

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VALOUR ANATOMIZED IN A FANCIE.

Wooing-stuff.

[15]

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Sir Francis Walsinghams ANATOMIZING Of Honesty,Ambition, andFortitude.

Of Ambition.

Of Fortitude.

[16]

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A Brief DISCOURSE Concerning the POWER Of the PEERS, &c.

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Cottoni Posthuma: DIVERS CHOICE PIECES OF THAT Renowned Antiquary Sir ROBERT COTTON, Knight and Baronet, Preserved from the injury of Time, and Exposed to publick light, for the benefit of Posterity.

By J. H. Esq

LONDON, Printed for Richard Lowndes at the White Lion in Duck Lane, near Smith-field, and Matthew Gilliflower at the Sun in Westminster-Hall, 1652.

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To his worthily Honoured Friend, Sir Robert Pye Knight, at his House in Westminster.

SIR,

THe long interest of Friendship, and nearness of Neighbourhood, which gave you the opportunity of conversing often with that worthy Baronet, who was Author of these ensuing Discourses, induced me to this Dedicatory Address. Among the Greeks and Romans (who were the two Luminaries that first diffused the rayes of Knowledge and Civility through these North-west Clymes,) He was put in the rank of the best sorts of Patriots, who preserv'd from putrefaction and the rust of Time, the Memory and Works of Vertuous Men, by exposing them to open light for the generall Good; Therefore I hope not to deserve ill of my Country, that I have published [Page] to the World these choice notions of that learned Knight Sir Robert Cotton, who for his exact recerchez into Antiquity, hath made himself famous to Posterity.

Plutarch in writing the lives of Others, made his own everlasting; So an Antiquary while he feels the pulse of former Ages, and makes them known to the present, renders Himself long-liv'd to the future.

There was another inducement that mov'd me to this choice of Dedication, and it was the high respects I owe you upon sundry obligations, and consequently the desire I had that both the present, and after times might bear witness, how much I am, and was

Sir,

3. Nonas April. 1651.

Your humble, and truly devoted Servant. James Howell.

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To the Knowing Reader, touching these following Discourses, and their AUTHOR.

THe memory of some men is like the Rose, and other odoriferous flowers, which cast a sweeter and stronger smell after they are pluck'd; The memory of Others may be said to be like the Poppie, and such Vegetalls that make a gay and specious shew while they stand upon the stalk, but being cut and gather'd they have but an ill-favour'd scent; This worthy Knight may be compared to the first sort, as well for the sweet odor (of a good name) he had while he stood, as also after he was cut down by the common stroke of Mortality; Now, to augment the fragrancy of his Vertues and Memory, these following Discourses, which I may term, not altogether improperly, a Posie of sundry differing Howers, are expos'd to the World.

All who ever knew this well-weighed Knight, will confess▪ [what a great Z [...]l [...]t he was to his [Page] Countrey, how in all Parliaments, where he fervid so often, his main endeavours were to assert the publick Liberty, and that Prerogative and Priviledge might run in their due Channels; He would often say, That he Himself had the least share in Himself, but his Countrey and his Friends had the greatest interest in him: He might be said to be in a perpetual pursuit after Vertue and Knowledge; He was indefatigable in the search and re-search of Antiquity, and that in a generous costly manner, as appears in his Archives and copious Library; Therefore he may well deserve to be ranked among those Worthies—Quorum Imagines lambunt Hederae sequaces; For an Antiquary is not unfitly compar'd to the Ivie, who useth to cling unto ancient fabriques and Vegetals.

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In these Discourses you have

1. A Relation of proceedings against Ambassadors who have miscarried themselves, and exceeded their Commission.

2. That the Kings of England have been pleased to consult with their Peers in Parliament for marriage of their Children, and touching Peace and War, &c.

3. That the Soveraigns Person is required in Parliament in all Consultations and Conclusions.

4. A Discourse of the legality of Combats, Duells, or Camp-fight.

5. Touching the question of Precedency between England and Spain.

6. Touching the Alliances and Amity which have interven'd betwixt the Houses of Austria and England.

7. A Discourse touching Popish Recusants, Jesuits and Seminaries.

8. The Manner and Means how the Kings of England have supported and improv'd their States.

9. An Answer to certain Arguments urg'd by a Member of the House of Commons, and raised from supposed Antiquity, to prove that Ecclesiastical Laws ought to be Enacted by Temporal men.

10. The Arguments produc'd by the House of Commons concerning the Priviledge of every Free-born Subject.

[Page] 11. A Speech delivered in the House of Commons Assembled at Oxford in the sirst year year of the last King.

12. A Speech delivered before the Councell Table, touching the alteration of Coyn.

13. Valour Anatomized in a Fancy, by Sir Philip Sidney.

14. A brief Discourse concerning the Power of the Peers and Commons of Parliament, in point of Judicature.

15. Honesty, Ambition and Fortitude Anatomized, by Sir Francis Walsingham.

16. The Life and Raign of Henry the Third, complied in a Criticall way.

These Discourses, being judiciously read, will much tend to the enriching of the understanding, and improvement of the Common stock of Knowledge.

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A RELATION OF THE PROCEEDINGS AGAINST AMBASSADORS Who have miscarried themselves, &c.

IN humble obedience to your Grace's Command, I am emboldened to present my poor advice to this the greatest, and most important cause that ever happened in this State, the Quiet of the Kingdom, the Honour of the Prince, the safety of the Spanish Ambassadors Person exposed hereby to the fury of the People, all herein involved: A consideration not the least for the reputation of the State, and Government, though he little deserved it.

[Page] The information made to his sacred Majesty by him, That your Grace should have plotted this Parliament; Wherein if his Majesty did not accord to your designs, then by the Authority of this Parliament to confine his sacred Person to some place of pleasure, and transfer the Regal Power upon the Prince: This Information if it were made by a Subject, by the Laws of the Realm were high Treason, to breed a rupture between the Soveraignty and the Nobility, either by Reports or Writings, and by the Common Law is adjudged no less: The Author yet knowing that by the representing the Person of a soverain Prince he is by the Law of Nations exempt from Regal tryal, all actions of one so qualified being made the Act of his Master, until he disavow: And injuries of one absolute Prince to another, is Factum hostilitatis, and not Treason. The immunity of whom Civilians collect as they do the rest of their grounds from the practice of the Roman State, deducing their Arguments from these Examples.Titus Livius 2. doc. The Fabii Ambassadors from Rome were turned safe from the Chades with demand of justice against them onely, although they had been taken bearing Arms with the Ethrurian their Enemies: The Ambassadors of the Tarquines, Livius. Morte affligendos Romani non judicârunt, & quanqnam visi sunt ut hostium [Page] loco essent, justamen Gentium voluit. And where those of Syphax had plotted the murder of Masinissa, Non aliud mihi factum quàm quod sceleris sui reprehensi essent, saith Appian: The Ambassadors of the Protestants at the Counsell of Trent, though divulging there the Doctrine of the Churches,Acta Triden. Concil. contrary to a Decree there enacted, a crime equivalent to Treason, yet stood they protected from any punishment: So much doth public conveniency prevail against a particular mischief; That the State of Rome though in case of the most capital crime, exempted the Tribunes of the people from question,August. de legibus Antiq. Roman. during the year of office: And the Civilians all consent, that Legis de Jure Gentium indictum est & eorum corpora salva sint, Propter necessitatem legationis, ac ne confundant jura comercii inter Principes, The redress of such injuries, by such persons, the example of Modern and best times will lead us to.Benedict. in vita Hen. 2. Vivia the Popes Legate was restrained by Henry the Second, for exercising a power in his Realm, not admitted by the King, in disquiet of the State, and forced to swear not to act any thing in Praejudicium Regis vel Regni. Record. in Scaccar. W [...]st. Claus. Edw. [...]. Hen. 3. did the like to one of the Popes Ambassadors; another flying the Realm secretly, fearing, timens pelli sui, as the Record saith. Edward 1. so restraining another until he had, as his Progenitors had, informed the Pope [Page] of the fault of his Minister, and received satisfaction of the wrongs. In the year 1523. Lewis de Pratt: Lewes in the Paper Chart. 1523: Ambassador for Charles 5. was commanded to his house, for accusing falsly Cardinal Wolsey to have practised a breach between Hen. 8. and his Master, to make up the Amity with the French King; Sir Michael Throgmorton by Charles the 9. of France, was so served, for being too busie with the Prince of Condy in his faction. Doctor Man in the year 1567. was taken from his own house in Madriil, and put under a Guard to a straiter Lodging, for breeding a Scandal (as the Conde Teri said) in using by warrant of his Place, the Religion of his Country, although he alledged the like permitted to Ghusman de Silva their Ambassador, and to the Turk no less then in Spain. In the year 1568. Don Ghuernon d' Espes vvas ordered to keep his house in London, for sending scandalous Letters to the Duke d' Alva unsealed. The Bishop of Rosse in the year 1571. vvas first confined to his house, after to the Tower, then committed for a good space to the Bishop of Ely his care, for medling with more business then belonged to the place of his imployment: The like was done to Dr. Alpin and Malvisett the French Ambassadors successively, for being busie in more then their Masters affairs. In the time of Philip the second of Spain, [Page] the Venetian Ambassador in Madrill, protecting an offendor that fled into his house, and denying the Heads or Justices to enter his house, vvhere the Ambassador stood armed to vvithstand them, and one Bodavario a Venetian, whom they committed to Prison, for his unruly carriage, and they removed the Ambassador unto another house, until they had searched and found the Offendor: Then conducting back the Ambassador, set a guard upon his house, to stay the fury of the people enraged. The Ambassador complaining to the King, he remitted it to the Supreme Councel; they justified the proceeding, condemning Bodavario to lose his head, and other the Ambassadors servants to the Galleys, all vvhich the King turned to banishment, sending the whole process to Inego de Mendoza his Ambassador at Venice, and declaring by a publick Ordinance unto that State, and all other Princes, that in case his Ambassadors should commit any offence, nnworthily, and disagreeing to their professions, they should not then enjoy the privilege of those Officers, referring them to be judged by them vvhere they then resided. Barnardino de Mendoza, for traducing falsly the Ministers of the State to further his seditious Plots, vvas restrained first, and after commanded away in the year 1586. The last of Spanish Instruments [Page] that disquieted this State, a benefit vve found many years after by their absence, and feel the vvant of it now by their reduction.

Having thus shortly touched upon such precedent examples, as have fallen in the vvay, in my poor observation, I humbly crave pardon to offer up my simple opinion what course may best be had of prosecution of this urgent cause. I conceive it not unfit, that vvith the best of speed, some of the chief Secretarries vvere sent to the Ambassador by vvay of advice, that they understanding a notice of this information amongst the common people, that they cannot but conceive a just fear of uncivil carriage towards his Lordship or his followers, if any the least incitement should arise; and therefore for quiet of the State, and security of his person, they vvere bound in love to his Lordship to restrain as vvell himself as followers until a further course be taken by legal examination, vvhere this aspertion begun, the vvay they onely conceived secure to prevent the danger; this fear in likelyhood vvill be the best motive to induce the Ambassador to make discovery of his intelligence, when it shall be required: I conceive it then most fit, that the Prince and your Grace to morrow should complain of this in Parliament, and leaving it so to their [Page] advice and justice, to depart the House, the Lords at the instant to crave a conference of some small number of the Commons, and so conclude of a Message to be sent to the Ambassador to require from him the charge and proofs; the Persons to be sent, the two Speakers of the two Houses, vvith some convenient company of either, to have their Maces and ensigns of Office born brfore them to the Ambassadors Gate, and then forborn, to shew fair respect to the Ambassadors, then to tell them that a relation being made that day in open Parliament of the former information to the King by his Lordship, they vvere deputed from both Houses, the great Councel of the Kingdom, to the vvhich, by the fundamental Law of the State, the chief care of the Kings safety and public quiet is committed, they vvere no less the high Court of Justice, or Supersedeas to all others, for the examining and correcting all attempts of so high a nature as this, if it carry truth; That they regarded the honour of the State, for the Catholicks immoderate using of late the Lenity of Soveraign Grace to the scandal and offence of too many, and this aspersion now newly reflecting upon the Prince and others, meeting vvth the former distaste (which all in publique conceive to make a plot to breed a rupture between the King and [Page] State, by that party maliciously layd) hath so inflamed and sharpned the minds of most, that by the access of people to Term and Parliament, the City more filled then usual, and the time it selfe neer May day (a time by custom apted more to licentious liberty then any other) cannot but breed a just jealousie and fear of some disorder likely to ensue of this information, if it be not aforehand taken up by a fair legal tryal in that High Court: Neither want there fearful examples in this kind in the Ambassadors Genoa upon a far less ground in the time of Parliament, and is house demolished by such a seditious tumult: The Parliament therefore, as well to secure his Lordships person, followers and friends, from such outrages, to preserve the honour of the State, which needs must suffer blemish in such misfortunes, they were sent thither to require a fair discovery of the ground that led his Lordship so to inform the King, that they might so thereupon provide in Justice and Honor, and that the reverence they bear unto the dignity of his Master, may appear the more by the mannerly carriage of his Message. The two that are never imployed but to the King alone, were at this time sent, and that if by negligence of this fair acceptance, there should happen out any such disaster and danger, [Page] the World and they must justly judge as his own fault: If upon the delivery of this Message the Ambassador shall tell his charge, and discover his intelligence, then there will be a plaine ground for the Parliament to proceed in Examination and Judgment; But if (as I believe) he will refuse it, then is he Author Scandali both by the Common and Civil Laws of this Realm, and the Parliament may adjudge it false and untrue, and declare by a public Act, the Prince and your Grace innocent, as was that of the Duke of Gloucester, 2 Rich. 2. and of York in Henry the sixth his time, then may the Parliament joyntly become Petitioners to his Majesty, first to confine his Ambasiador to his house, restraining his departure, until his Majesty be acquainted with his offence, and aswell for security as for further practice to put a Guard upon the place, and to make a Proclamation that none of the Kings Subjects shall repair to his house without express leave: And to send withal a Letter, with all speed, of complaint against him to the King of Spaine, together with a Declaration under the Seals of all the Nobility and Speaker of the Commons in their names as was 44 Hen. 3. to the Pope against his Legat, and 28 Edw. 1. Requiring such Justice to be done in this case, as by the Leagues of Amity, and Law of [Page] Nations is usual, which if the King of Spain refuse, or delay, then it it Transactio Criminis upon himself, and an absolution of all Amity and friendly intelligence, and amounts to no less then a War denounced. Thus have I by your leave, and command, delivered my poor opinion, and ever will be ready to do your Grace the best service, when you please to command it.

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THAT THE KINGS OF ENGLAND Have been pleased usually to consult with their Peers in the Great Councel, and Commons in Parliament, of Marriage, Peace, and War.

Written by Sir Robert Cotton, Knight and Baronet, Anno 1621.

LONDON, Printed in the Year 1672.

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That the Kings of England have been pleased usually to consult with their Peers in the Great COUNCIL, &c.

TO search so high as the Norman Conquest, it is necessary to lay down the form and Government of those times, wherein the state of affairs then lead in another form of publick Councels; for the people brought under by the Sword of William, William the Conqueror. and his followers to subjected vassallage, could not possess in such assemblies the right of their former liberties,Malmsbury. division and power having mastered them, and none of their old Nobility being left either of credit or fortune, what he retained not in providence as the Demesnes of the Crown, or reserved not in piety for the maintenance of the Church, he parted to those Strangers that sailed along with him in the Bark of his adventure, leaving the Natives (for the most part) as appeareth by his survey in no better condition then Villenage; He moulded their Customs to the manner of his own Country, and forbore to grant the Laws of the Holy Edward so often called for.

[Page] To supply his occasions of men, mony, or provisions, he Ordered that all those that enjoyed any fruit of his Conquest, should hold their lands proportionably by so many Knights fees of the Crown, and admitted them to infeoff their followers,Ex lib. feod. in Scacc. with such part as they pleased of their own portions, which to ease their charge they did in his and his Sons time, by two infeoffments, the one de novo, Hen. 1. Ex lib. pub. in Scacc. the other de veteri; This course provided him the body of his War, the money and provision was by Hydage assessed on the common people; at the consent of their Lords,Chron. de Dunstable. who held in all their Signiories such right of regality,Mat. Paris Benedictus Monachus in vita Hen. 2. that to their Vassals (as Paris saith) quot Domini tot Tyranni, and proved to the King so great a curb and restraint of power, that nothing fell into the care of Majesty after, more then to retrench the force of this Aristocracy that was like in time to strangle the Monarchy.

Though others foresaw the mischief betimes,Gervas. Dorch. Roger Wend [...] ver. yet none attempted the remedy, until King John, King John. whose over hasty undertakings, brought in those broyls of the Barons Wars.

There needed not before this care to advise with the Commons in any publick assemblies, when every man in England by tenure held himself to his great Lords will, whose presence was [Page] ever required in those Great Councels; and in whose assent his dependent Tenants consent was ever included.

Before this Kings time then,Claus. 6 Iob. in 3. Dorso. we seek in vain for any Councel called, he first as may be gathered (though darkly by the Record) used their Counsels and assents in the sixth year of his Raign.

Here is the first summons in Records to the Peers or Barons, Tractaturi de magnis, & arduis negotiis, it was about a War of defence against the French; And that the Commons were admitted at this time, may be fitly gathered by this Ordinance, viz. Provisum est assensu Archiepiscoporum, Comitum, Baronum, & omnium fidelium nostrorum Angliae, quod novem militis per Angliam inveniend. decimarum, &c. and this was directed to all the Sheriffs in England, the ancient use in publishing Laws:Petit. 18. From this there is a breach until the 18 Hen. 3.Hen. 3. where the next summons extant is in a Plea Roll of that year, but the Ordinances are lost: From hence the Records afford us no light until the 49 of the same King, where then the forme of summons to Bishops,Claus. 49. Hen. 3. in 11. Dors. Lords, Knights, and Burgesses, are much in manner though not in matter to those of our times.

This Parliament was called to advise with the King pro pace assecuranda & firmanda, they are the words of the Writ, [Page] and where advice is required, consutation must needs be admitted.

To this King succeeded Edward his Son,Edw. 1. a wise, a just, and fortunate Prince, his Raign, and so long to the fourth of his Grandchild, we have no light of publick Councels in this kind,Ex Rot. Parl. in Archivis London. but what we borrow in the Rolls of Summons, wherein the form stood various according to the occasions, until it grew constant in the form it is now, about the entrance of Rich. 2. The Journal Rolls being spoiled, by the injury of times or private ends.

This King in the fifth of his Raign called a Parliament,Claus. 9. Edw.1. in 12. and therein advised with his Lords and Commons for suppressing of Llewellen Prince of Wales, and hearing that the French King intended to invade some pieces of his Inheritance in France, he summoned a Parliament,Rot. Parl. Anno 7 Edw. 1. Ad tractand. ordinand. & faciend. cum Praelatis Proceribus & aliis Incolis Regni quibuslibet hujusmodi periculis & excogitatis malis sit objurand. Inserting in the Writ that it was Lex justissima, Claus. 7 Edw. 1. in 3. Dors. Claus. 34. Ed. 1. in dors. provida circumspectione stablita: That Quod omnes tangit ab omnibus approbetur. In 34. Super ordinatione & stabilimento Regis Scotiae, he made the like Convention.

His Son the second Edward, Edw. 2. pro solennitate Sponsalium & Coronationis, consulted with his people in his first year, in his sixth year, super diversis negotiis [Page]statum regni & expeditionem Guerrae Scotiae specialiter tangentibus, Claus, 1 Edw. 2. in 19. in dors. Claus 6 Ed. 2. in 3. in dors. Claus. 8. in 3. in dors. he assembled the State to advise; the like he did in the eighth.

The French King having invaded Gascoin in the thirteenth year the Parliament was called,Claus. 13 E. 2. in 13. in dors. Claus 16. E. 2. in 27. in dors. super arduis negotiis statum, Gasconiae tangentibus. And in 16. To consult ad refraenand. Scotorum obstinentiam & militiam.

Before that Edward the 3. in his first year would resolve whether Peace or War with the Scotish King,Ddw. 3. Claus. 1 Ed. 3. in dors. he summoned the Peers and Commons, super praemissis tractare & consilium impendere.

The Chancellor in Anno quinto declareth from the King the cause of that Assembly,Rot. Parl. 5 Edw. 3. And that it was to consult and resolve, whether the King should proceed with France for recovery of his Signiories, by alliance of marriage, or by war? And whether to suppress the disobedience of the Irish, he should pass thither in Person or no?

The year following he re-assembleth his Lords and Commons,Parl. 6 Ed. 3. and requireth their advice, whether he should undertake the Holy Expedition with the French King that year, or no? The Bishops and Proctors of the Clergy would not be present, as forbidden by the Canons such Councels, the Peers and Commons consult, applauding the Religious and Princely forwardness of [Page] their Sovereign to this holy enterprize, but humbly advise a forbearance this year for urgent occasions.

The same year,Rot. Parl. 6 Ed. 3. Saff. 2. in 6. though at another Sessions, the King demanded the advice of his people, Whether he should pass into France to an enterview as was desired for the exepediting the treaty of marriage: The Prelates by themselves, the Earls and Barons by themselves, and the Knights of the Shires by themselves, consulted apart, for so is the Record; and in the end resolved, That to prevent some dangers likely to arise from the North, it would please the King to forbear his journey, and to draw towards those parts where the perils were feared, his presence being the best prevention; which advice he followed.

In the following Parliament at York the King sheweth how by their former advice he had drawn himself towards the North parts,Rot. Parl. 7 Ed. 3. and now again had assembled them to advise further for his proceedings, to which the Lords and Commons having consulted apart, pray further time to resolve, until a full assembly of the State,Rot. Parl. 7 E. 3. Sess. 2. Parl. 7 E. 3. in 6. to which the King granting, adjourneth that Sessions. At the next meeting, they are charged upon their Allegiance and Faith, to give the King their best advice; the Peers and Commons consulting apart, deliver their opinions, and so the Parliament ended

[Page] In the 13. year the Grands and Commons are called to consult and advise how the Domestick quiet may be preserred,Rot. Parl. 13 E. 3. the Marches of Scotland defended, and the Sea secured from forrein Enemies; the Peers and Cammons having apart consulted, the Commons after their desire not to be charged to counsel in things Des quenx ils mont pas cognizance, answer, That the Guardians of the Shires, assisted by the Knights, may effect the first, if pardons of Felony be not granted.

The care of the Marches they humbly leave to the King and his Counsel, and for the safeguard of the Seas, they wish that the Cinque Ports, & Marine towns, discharged for the most part from the main burthens of the In-land parts, may have that left to their charge and care, and that such as have lands neer the Coasts be commanded to reside on those possessions.

The Parliament is the same year reassembled Avisamento Praelatorum, Rot. Parl. 13 E. 3. Sess. 2. procerum, necnon communitatis, to advise de expeditione guerrae in partibus transmarinis, at this, Ordinances are made for provision of Ships, arraying of men for the Marches, and defence of the Isle of Jersey, naming such in the Record, as they conceive fit for the imployment.

The next year De la Pool accompteth in Parliament the expences of the wars,Parl. 14. E. 3. [Page] a new aid is granted, and by several Committees in which divers are named that were no Peers of Parliament, the safeguard of the seas, and defence of the borders are consulted of.

In the 15 year, De assensu Praelatorum Procerum & aliorum de consilio, the Kings passage into France is resolved of. Anno 17. Badlesmere, instead of the Councel declareth to the Peers and Commons, That whereas by their assents the King had undertaken the wars in France, and that by mediation of the Pope a truce was offered, which then their Soveraign forbore to entertain without their well allowance; the Lords consult apart, and so the Commons returning by Sir William Trussel an answer, their advice and desire is to compose the Quarrel, approve the Truce, and the Popes mediation.

The Popes undertaking proving fruitless,Rot. Parl. 18 E. 3. and delays to the French advantage, who in the mean space allied with Scotland and others, practized to root out the English Nation in France: This King again assembled the year following, in which the Peers and Commons after many days meditation, resolve to end it either by Battel or Peace, and no more to trust upon the mediation or message of his Holiness.

In the 21 year,Ro. Parl. 21 E. 3. the chief Justice Thorpe declaring to the Peers and Commons [Page] that the French Wars began by their advice first, the True after by their assents accepted, and now ended, the Kings pleasure was to have their Counsels in the prosecution, the Commons being commanded, Que ils se deveroyent trait ensemble & se quils ensenteroient monstrer au Roy & aux gravitur de son consilio, Who after four days consulting, humbly desire the King to be advised by his Lords and others, more experienced then themselves in such affairs.

To advise the King the best for his French imployments a Parliament was summoned Anno 25.Parl. 25 E. 3. Herein the King for a more quick dispatch willeth the Commons to elect 24. or 30. of their house to consult with the Lords, these to relate to their fellows, and the conclusion general by the Lords to the King.

In the 27 a Great Counsel is assembled,Parl. 27 E. 3. many of the lay Peers, few of the Clergy, and of the Shires and Burroughs but one a peece.

This was for the prosecution of the French wars,Parl. 27 E. 3. when honorable peace could not be gotten; but the year following a Truce offered, the King forbore to entertain, until he had the consent of the Peers and Commons, which they in Parliament accorded unto before the Popes Notary, by publick Instrument.

[Page] The dallying of the French King in conclusion of peace,Parl. 29 E. 3. and the falling off of the Duke of Brittany, having wrought his end with France by reputation of the English succour, is the year following declared in Parliament, and their advice and aid required for the Kings proceeding.

In the 36. year he calleth a Parliament to consult whether war or peace by David King of Scots then offered,Pa [...]l. 36 E. 3. should be accepted?

In the 40. the Pope demanding the tribute of King John, the Parliament assembled,Parl. 40 E. 3. King John. where after consultation apart, the Prelats, Lords, and Commons advise the denyal, although it be by the dint of Sword.

In 43.Parl. 43 E. 3. The King declares to the Peers and Commons, that the French against the Articles of the Truce, refused payment of the moneys, and delivery of the Towns, summoning La Brett, and others the Kings Subjects in Gascony to make at Paris their appeals, and had forraged his of Bontion, requiring, whether on their breach he might not again resume the stile and arms of France.

The Lords and Commons had apart consulted, they advised the King to both, which he approving, altered the inscription and figure of his Seal.

Two years after it was declared to the Peers and Commons,Parl. 45 E. 3. that by their advice [Page] he had again resumed the stile and quarrel of France, and therefore called their advice for the defence of the realm against the French, securing of the Seas, and pursuing of the Warre, of which they consult, and resolve to give the King an aid;Parl. 46 E. 3. the like of Councel and supply was the year succeeding.

In the 50 a Parliament to the purposes of the other two was summoned;Par. 50 Ed. 3. and the year following the King in Parliament declaring how the French combined underhand against him with Spain and Scotland, required their advice, how Peace at home, the Territories abroad, Security of the Sea, and charge of the War might be maintained. I have the longer insisted in observing the carriage of these times, so good and glorious, after ages having not left the Journal entries of Parliament so full, which with a lighter hand I will pass through.

Richard, his Grand child succeeded to the Crown,Rich. 2. and troubles, having nothing worthy his great fortunes, but his great birth;Par. 1 Rich. 2. in 5 & 6. the first of his Raign he pursued the Steps of his wise Grandfather, advising with Peers and Commons how best to resist his Enemies, that had lately wronged many of his Subjects upon the Sea coasts.

In the second year he again consulted with his people,Parl. 1 Rich. 2 in 7. how to withstand the Scots, who then had combined [Page] with the French to break the Truce.

In the third he called the advice of Parliament,Parl. 3 Rich. 2. in 4. & 5. how to maintain his regality, impaired by the Popes provision, how to resist Spain, France and Scotland, that had raised Wars against him, how to suppress his Rebells in Guyen and Ireland, and how to defend the Seas.

The like in the fourth year following at Winsor; Par. 4 Rich. 2. n 2 & 3. the year succeeding at a great Councel,Parl. 5 Rich. 2. in 3. the King having proposed a voyage Royal into France, now called the Parliament to determine further of it, and it is worthy observation, for the most before any proposition of War or Peace were vented to the Commons, a debate thereof proceeded in the great Councel to stay it fitter to Popular advice.

The quarrel of Spain continuing,Parl. 5. Sess. 2. the Duke of Lancaster offered a voyage against them, so that the State would lend him money, after consultation they granted aid, but not to bind them to any continuance of Wars with Spain.

In the sixth the Parliament was called,Parl. 6. Rich. 2. to consult about defence of the borders, the Kings possessions beyond Sea, Ireland and Gascoyne, his subjects in Portugall, and safe keeping of the Seas; and whether the King should proceed by Treaty of Alliance, or the Duke of Lancaster by force; for the Conquest of Portuguall, [Page] the Lords approve the Dukes intention for Portuguall, and the Commons advise, that Thomas Bishop of Norwich, having the Popes Croiceris should invade France.

The same year the State was re-assembled to consult,Parl. 6 Sess. 2. whether the King should go in person to rescue Gaunt, or send his Army; the Commons after two dayes debate crave a conference with the Lords, the effect is not entered in the Roll, only they bid Sir Thomas Puckering their speaker protest, that Counsells for War did aptly belong to the King and his Lords; yet since the Commons were commanded to give their advice, they humbly wished a voyage Royal by the King; if not, that the Bishop of Norwich ought with the advantage of the Popes Croiceris be used in that service, who accepted the Charge with ill success; he further for the Commons prayed, that the Kings Unkle should not be spared out of the Realm, before some peace be setled with the Scots, and that the Lord de la Sparre sent with Propositions from Spain, may first be heard.

The Chancellor in the seventh year in the name of the King willeth the Lords apart,Par. 7 Rich. 2. and so the Commons, to consult whether Peace or War with Scotland, or whether to resist or assail the Kings adventure with Spain, France, or Flanders.

[Page] Their opinion is not entered in the Rolls (an omission usual by the Clarks neglect) only their Petition is recorded, that the Bishop of Norwich may accompt in Parliament the expence of the monies, and be punished for his faults in the service he undertook, both which are granted.

At the next Sessions the same year the Commons are willed to advise upon view of Articles of Peace with the French, Parl. 7 Sess. 2. whether War, or such a Unity should be accepted; They modestly excused themselves as too weak to consult in such weighty affairs; But being charged again as they did tender the honour, and right of the King, they make this answer, Quils intendent que ancunes serm [...]s & terres que mesme lour Leeige auroit [...]it pur cest accord in Guien si serront tenns dobt Roy Francois par homage & service mars ne persont uny que lour dit Leeige voiroit assenter trope legierement de temer dicens Francois pertiel service la villa de Callis & aultres terres conquises des francoise per lespreneve verroit la comen ense faest fait si autrement lour perroit bien faire, giving their opinions rather for Peace than War; Peace with France not succeeding the eighth year, the body of the State was willed to advise,Par. 8 Rich. 2. whether the King in his own person, or by sending of forces against the French, Spain, Flanders and Scotland, should proceed.

[Page] This King having assembled at Oxon his great Counsel to advise whether he should pass the Seas or no,Claus. 9 Rie. 2. with an Army Royal, and they not daring to assent without greater Counsel.

A Parliament the tenth year to have the advice of the Commons,Par. 10 Rich. 2. as well as of the Lords was called, and how the Realm should be governed in their Sovereign his absence.

The truce with France was now expired,Parl. 13 Ric. 2. the Parliament was called in the 13th to advise upon what conditions it should be renewed, or otherwise how the charge of the War should be susteined; at this assembly, and by consent of all, the Duke of Lancaster is created Duke of Aquitaine, the Statute of provisions now past.Rot. Claus. 13. Ric. 2. the Commons a party in the Letter to the Pope.

The year succeeding a Parliament is called,Far. 14 Ric. 2. for the King would have advice with the Lords and Commons for the War with Scotland, and would not without their Counsels conclude a final peace with France. The like assembly for the same causes was the year ensuing, the Commons interesting the King to use a moderation in the Law of provisions, to please at this time their holy Father, so that the Statute upon their dislike may again be executed; and that to negotiate the peace with France the Duke of Aquitaine may rather than another be imployed.

[Page] To consult of the Treaty with France for Peace,Parl. 17 Ri. 2. the King in the seventeenth calleth a Parliament (the answer of the Lords is left unentred in the Roll) the Commons upon their faith and allegiance charged, advised that with good moderation homage may be made, for Guien an appenage of the French Croine so it trench not to involve the other pieces of the English Conquest, their answer is large, modest and worthy to be marked.

Now succeedeth a man,Henry 4. that first studied a popular party, as needing all to support his titles.

He in the fifth year calleth a Parliament to repress the malice of the Duke of Orleance, Parl. 5. Hen. 4. Parl. 6. Hen. 4. Parl. 7. & 8. Hen. 4. in 19 & 20. and to advise of the Wars in Ireland and Scotland (neither Counsels or supplies are entred in the Roll) and to resist an invasion intended by France and Brittain, he assembleth the State again, the like was the second year following for France.

In this the Commons confer with,Claus. 7 H. 4. for guard of the Sea, and make many Ordinances, to which the King assenteth, the peace with the Merchants of Bruce and Foins is debated, and a Proclamation published, as they resolved; by the Speaker the Commons complain of 96 pieces of importance lost in Guien the year before,ln 33. need of the defence of the borders, and Sea coasts, to suppress the Rebellion in [Page] Wales, and disloyalty of the Earl of Northumberland; In 57. they humbly desire, that the Prince may be dispatched into those parts with speed, and that the Castle of Manlion the key of the three realms might be left to the care of the English,In 59. and not to Charls of Navarre a stranger, and to have a vigilant eye of the Scotish prisoners.

In the tenth the Parliament is commanded to give their advice about the Truce with Scotland, and preparation against the malice of the French,

His Son,Hen. 5. the wife and happy undertaker, advised with the Parliament in the first year,Parl. 1 Hen. 5. In 2. how, to cherish his Allies, and restrain his Enemies; for this there was a secret Committee of the Commons appointed to conferr with the Lords, the matter being entred into a schedule touching Ireland, Wales, Scotland, Callis, In 4. Gunien, Shipping, Guard of the Seas, and War, provision to repulse the Enemies.

In the second he openeth to the Parliament his Title to France, Parl. 2 Hen. 5. a quarrel he would prosecute to death. if they allowed and ayded, death is in his Assembly enacted to all that break the Truce, or the Kings safe conduct.

The year following peace being offered by the French King,Parl. 3 Hen. 5. and the King of the Romans arrived to effect the work, the King refuseth any conclusion until [Page] he had thereunto advice and assent of the Lords and Commons, for which occasion the Chancellor declareth that Assembly.

In the fourth and fifth,Parl. 4 & 5. Hen. 5. no Peace being concluded with France, he calleth the State together to consult about the Warr, concluding a Treaty of amity with Sigismund King of the Romans by allowance of the three Estates, and entred Articles into the Journal Rols.

The same year,Parl. 5 Hen. 5. by the Duke of Bedford. in the Kings absence a Parliament was called, to the former purposes, as appeareth by the Summons, though in the Roll omitted,Parl. 7 Hen. 5. The like in the seventh.

The Treaty with France is by the Prelates, Nobles, and Commons of the Kingdom perused and ratified in the 11. of his Raign.

His Son more holy then happy succeeded,Hen. 6. Rot. Parl. 2 Hen. 6. adviseth him the second year with the Lords and Commons, for the well keeping the Peace with France; consulteth with them about the delivery of the Scottish King, and the conclusion of it is confirmed by common assent.

And in the third year they are called to advise and consent to a new Article in the League with Scotland, Rot. Pa 3 H. 6. for change of Hostages.

And in the ninth conclude certainRot. Pa. 9 H. 6. [Page] persons by name to Treat a Peace with the Dolphin of France.

The Treaty at Arras, whither the Pope had sent as Mediators two Cardinals, not succeeding.

The King in Parliament, Anno 14. sheweth he must either lose his Title,Rot. Parl. 14 Hon. 6. Stile, and Kingdom of France, or else defend it by force, the best means for the prevention thereof he willeth them to advise him.

He summoneth again the next year the State,Rot. Parl. 15 Hen. 6. to consult how the Realm might be best defended, and the Sea safe kept against his Enemies.

In the twentieth the Commons exhibite a Bill for the Guard of the Sea,Parl. 20 H. 6. ascertain the number of Ships, assess wages, and dispose prizes of any fortune, to which the King accordeth, and that the Genoways may be declared enemies for assisting the Turks in the spoyl of the Rhode Knights, and that the privileges of the Pruce and Hans Towns Merchants may be suspended, till compensation be made to the English for the, wrongs they have done them, to which the King in part accordeth.

The King by the Chancellor declareth in Parliament Anno 23. Parl. 23 H. 6. That the Marriage with Margaret the King of Sicils Daughter was contracted for enducing the Peace made with France, against which the Lords, as not by their [Page] advice effected, make Protestation, and enter it on the Roll.

In the 25.Rot. Parl. 25 Hen. 6. in 3. the King intended to pass in Person into Franch, and there to treat a Peace with the King, adviseth with the Lords and Commons in Parliament, and Letters of Mart are granted against the Brittains, N. 6. for spoyle done to the English Merchants.

The Lord Hastings, Parl. 27 H. 6. and Abbot of Gloucester declare in Parliament Anno 27. the preparation of the French, the breach by them of the Peace, the weak defence of Normandy, and the expiration shortly of the Truce, requiring speedy advice and remedy.

In the 29.Parl. 29 H. 6. it was enjoined by Parliament, to provide for defence of the Sea and Land against the French.

It was commanded by the King to the States assembled,Parl. 33 H. 6. Anno 33. to advise for well ordering of his House, payment of the Soldiers at Callis, guard of the Sea, raising of the siege of Barwicke made by the Scots against the Truce, dispoiling of the number of 13000 Soldiers, arrayed the last Parliament, according of differences amongst the Lords, restraining transportation of Gold and Silver, and acquitting the disorders in Wales; of all which, Committees are appointed to frame Bills.

Edward the fourth by the Chancellor declareth in his seventh year to theEdward 4. Parl. 7. E. 4. [Page] Lords and Commons, that having made peace with Scotland, entred League with Spaine and Denmark, contracted with Burgundy and Britany for their ayd in the recovery of his right in France, he had now called them to give their Counsels in proceeding, which Charge in a second Sessions was again proposed unto them.

The like was to another Parliament in his twelfth year.Parl. 12 E. 4.

After this time their Journalls of Parliament have not been well preserved,Henry 7. Rot. Parl. 1 Hen. 7. or not carefully entred, for I can find of this nature no Record, untill the first of Hen. 7. wherein the Commons, by Thomas Lovell their Speaker, Petition the King to take to Wife Elizabeth Daughter to Edw. 4. to which the King at their request agreeth.

The next is the third of Hen. the 8. in which from the King the Chancellor declareth to the three Estates the cause of that Assembly:Henry 8. Parl. 3 H 8. The first to devise a course to resist the Invasion of the Scots, next how to acquit the quarrel between the King of Castile, and the Duke of Geldres his Allie; lastly for assisting the Pope against Lewis King of France, whose Bull expressing the injuries done the Sea Apostolick, was read by the Master of the Rolls in open Parliament; The Chancellor, the Treasurer, and other Lords sent down to the Commons to confer with them.

[Page] The last in the 32d of the same year,Rot. Parl 32. Hen. 8. where the Chancellor remembring the many troubles the State had undergone, in doubtful titles of Succession,Ex iustrumen. Orig. declareth, that although the Convocation had judged void the marriage of Anne of Cleve, yet the King would not proceed, without the Counsel of the three Estates: The two Archbishops are sent to the Commons with the Sentence sealed, which read, and there discussed, they pass a Bill against the Marriage.

In all these passages of publick Counsells, wherein I have been much assisted by the painful labour of Mr. Elsings, Clerk of the Parliament, and still observe, that the Soveraign Lord, either in best advice, or in most necessities, would entertain the Commons with the weightiest causes, either forrain or domestique, to apt and bind them so to readiness of charge, and they as warily avoyding it to eschew expence; their modest answers may be a rule for ignorant liberty to form their duties, and humbly to entertain such weighty Counsells at their Soveraigns pleasure, and not to the wild fancy of any Factious spirit. I will add one forrain example to shew what use have been formerly made by pretending Marriages, and of Parliaments to dissolve them, their first end served.

[Page] Maximilian the Emperour, and Ferdinand of Spain, the one to secure his possessions in Italy, the other to gain the Kingdom of Navarre, (to both which the French King stood in the way) projected a Marriage of Charls their Grand-child, with Mary the King of Englands sister, it was embraced, and a Book published of the benefits likely to ensue the Christian world by this match,Tractat. matrimonial. 1510. upon this Ground, Ferdinando beginneth to incite Henry the 8th to war with France, Ex literis orig. legator. presents him with succours, and designs him Guien to be the mark, and Dorset sent with men and munition to joyn with the Spanish forces then on the Borders of Navarre, the noise is they came to assist Ferdinand in the conquest of that Kingdom, which though false, gained such reputation, that Albred was disheartned, and Ferdinand possesed himself of that his Successors since retained, his end served, the English Army weak and weather-beaten, are returned fruitless.

Maximilian then allureth the young and active King to begin with France on the other side,Ex tract. Hen. 8. & Maximilian. 1511. Turwin and Turney is now the object, whither Henry goeth with victory, but better advised (with that pittance) makes an end by peace with France, whose aim and heart was set on Millain.

A new bait the old Emperour findethEx tract. orig. [Page] out to catch the Ambitious young man, he would needs resign unto him the Empire, too heavy for his age to bear: The Cardinal Sedunensis is sent over to sign the Agreement, which he did; and France must now again be made an Enemy: To prevent this danger Francis released his Title to Naples, and offereth Laogitia his Daughter to Maximilians Granchild Charls, Ex tract. orig. at Noyon this is acted in the dark, and at Arno the French Commissioners came up the back stairs with 60000 Florins, and they engrossed Covenants, when the abused King of Englands Ambassador Pace, Ex liiteris Ric. Pace Legat. Reg. Anglia. went down the other; the good Cardinal returneth home, meeteth by the way this foul play of his Master, and writ to the King of England, not in excuse, but in complaint, Contra perfidiam Principum, Ex literis Car. Sedunensis. an honest Letter. Ferdinand and Maximilian dead, Francis and Charls are Competitors for the Empire. Henry the 8th is courted for his help by both; the one with the tye of Alliance (for the Infant Dolphin had affyed Henry the 8ths Daughter) the other with the like,Ex literis Carol. Reg. Hisp. and Daughter, he will make his Daughter a Queen in praesente, which the Dolphin cannot do, and by his favour an Empress.

To further France was but to win Ambition to prey upon all his Neighbours.Ex literis, Car. Imperat. original. [Page] the English King is won, and winneth for Spain the Imperial wreath,Extract. Wind. 1522. Ex instru. orig. jurament. which Charls in two Letters I have of his own hand then thankfully confessed.

From Aquisgrave he cometh Crowned in haste to England, wedded at Windsor the Kings Daughter, contracteth to joyn in an invasion of France, to divide it with his Father in Law, by the River of Rodon, and sweareth at the Altar in Pauls to keep faith in all.

Bourbon is wrought from France, Ex literis Richardi [...]ace, & lohannis Russel. and entreth the Province with an Army, paid with King Henries money; Suffolke passeth with the English Forces by Picardy: But Charles the Emperour, who should have entred Guyen-faileth, drawing away Burbon from a streight siege Marseilles, to interrupt Francis then entred Italy, and so the enterprize of France is defeated, the French King as it Pavie taken Prisoner by Pescaro, led to Grone, hurried into Spain by the Emperours Galleys, and forced at Madrid to a hard bargain; without privity of Henry the 8th or provision of him,Ex tract Madristensi 526. Ex Rot. Com. Russel & Pace. who had been at the greater charge of that War. Now the Emperour affecteth that Monarchy that hath ever since (as some say) infected the Austrian Family.

Rome, the fatal old Seat of Government,Ex iustru. orig. Carol. 5. [Page] must be the Seat of his Empire: Burbon, and after Moncado are directed to surprize it. Angelo the observant Fryer is sent before the Pope, consigned by the Emperours Election,Ex instru H. 8. Bryano & Gardinen. who meant (as his own instructions warrant) to restore that right again to the Imperial Throne.

Charls will follow him from Barcellona with an Army;Ex literis Cuthb Tunstall Epis Lon-Legat. Hen. 8. in Hispan. Ex protestat. orig. Toledonensi [...]arl. but before, he must call a Parliament at Toledo, whether by election or affection, I dare not divine, that Assembly maketh Protestation against their Masters Marriage with England, and assign him Isabella of Portugal for a wife, the Instruments are sent signed by the Imperial Notary to Henry the 8th.Ex literis Car. Wolsey & Creg. Lusathis. Ex Instru. Signat. Ch. Im. Gonzado Ferdinand. Capel. suo dat. 24 Feb. [...]x lib. N N. N.Dom. Car. And Charls bemoneth the streight he is forced into by them, but before all this he had wrought from Rome, a Dispensation for his former out-hand Marriage; sending not long after Gonzado Ferdinando his Chaplain, to invite the Earl of Desmon to rebell in Ireland.

And to invite James the First, by promise of a Marriage to Christian of Denmarks Daughter,Ex literis interce [...]t. à Com. Northumb. Custo [...]. March. Scotiae. Extract. orig. in Arch. Wost. [...]x tract. Cambrens. 1529. his Neece; to enter the English Borders, to busie the English King, for asking a strict accompt of that indignity. Henry the 8th with Providence and good success over-wrought these dangers, and by the League of Italy he forced him to moderate Conditions [Page] at the Treaty of Cambray, 1529. He being made Caput foederis against the Emperour.

I may end your Honours trouble with this one Example, and with humble prayers, That the Catholique may have so much of Princely sincerity, as not to intend the like, or my good gracious Master a jealous vigilancy to prevent it, if it should, &c.

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THAT THE SOVERAIGNS PERSON is Required in the Great COUNCELLS, OR ASSEMBLIES OF THE STATE, As well at the Consultations as at the Couclusions.

Written by Sir Robert Cotton, Knight and Baronet.

LONDON, Printed in the Year 1672.

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THAT THE SOVERAIGNS PERSON is Required in the Great COUNSELS, OR ASSEMBLIES OF THE STATE, &c.

SInce of these Assemblies few Diaries, or exact Journal Books are remaining, and those but of late, and negligently entred, the Acts, and Ordinances only reported to Posterity are the Rolls, this question though clear in general reason, and conveniency, must be wrought for the particular, out of such incident proofs, as the Monument of Story, and records by pieces leave us. And to deduct it the dearer down, some [Page] essential circumstances of name, time, place, occasion, and persons, must be in a general shortly touched, before the force of particular proofs be laid down.Ex Consiliis Reg. Saxon. Cantuar. Gla [...] vil. lib. Ely. This noble body of the State, now called the houses in Parliament, is known in several ages, by several names Consilia the Counsels in the old times, after Magnum, Commune, and Generale, Consilium, Curia Magna, capitalis, and Curia Regis; Leges Etherlredi. Ingulphus. sometimes Generale Placitum, and sometimes Synodi and Synodalia decreta, Croylandensis. Registra Monaster. although aswell the causes of the Common-wealth as Church were there decided. The name of Parliament, except in the Abbots Chapters, not ever heard of until the raign of King John, and then but rarely. At the Kings Court were these Conventions usually,Palatium Regale. Westm. and the Presence, Privy Chamber, or other room convenient, for the King in former times as now then used; for what is the presenst House of Lords, but so, as at this time, and was before the fyring of the Pallace at Westminster, about the seventeenth of Henry the eighth, who then and there recided.

Improbable it is to believe the King was excluded his own Privie Chamber, and unmannerly for guests to barre him the company, who gave to them their entertainment.Regist. Eliensis. It was at first as now Edicto Principis, at the Kings pleasure. Towards the end of the Saxons; and in [Page] the first time of the Norman Kings,Annales Monasteriorum. it stood in Custome-Grace, to Easter,Whitsontide, and Christmas fixed.Liber de Rollo. The Bishops, Earls, and Lords, Ex more, then Assembled (so are the frequent words in all the Annalls) the King of course then revested with his imperial Crown by the Bishops and Peers assembling,Regist. de Wig. in recognition of their preobliged faith and present service, until the unsafe time of King John, by overpotent and popular Lords, gave discontinuance to this constant grace of Kings,Iohannes Eversden. and then it returned to the uncertain pleasure of the Soveraigns summons.Mathew Paris. Hoveden. The causes then as now of such Assemblies, were provisions for the support of the State in Men and Money, well ordering of the Church and Common wealth, and determining of such causes,Bracton. which ordinary Courts nesciebant judicare (as Glanvill Glanvill. the grand judge under Henry the second saith) where the presence of the King was still required,Fleta. it being otherwise absurd to make the King assentor to the Judgments of Parliament, and afford him no part in the consultation. The necessity thereof is well and fully deduced unto us in a reverent monument not far from that grave mans time in these words,Modus tenendi Parliament. Rex tenetur omni modo personaliter interesse Parliamento, nisi per Corporalem agritudinem detineatur. Then to [Page] acquaint the Parliament, of such occasion of either house, Causa est quod solebat Clamor & Murmur esse pro absentia Regis quia res damnosa & periculosa est toto Communitati Parliamenti & Regni cum Rex à Parliamento absens fuerit, Nec se absentare debet, nec potest nisi duntaxat in Causa supradicta. By this appeareth the desire of the State to have the Kings presence in these great Counsels by express necessity. I will now endeavour to lead the practise of it from the dark and eldest times to these no less neglected of ours.

From the year 720. to neer 900. during all the Heptarchy in all the Councels remaining composed Ex Episcopis, Ex Registris Council. Cantuariae. Abbatibus, Ex Consilio Withredi Regist. Ducibus, satrapis, & omni dignitate optimatibus Ecclesiasticis scilicet & secularibus personis pro utilitate Ecclesiae, & stabilitate Regni pertractand. Seven of them are Rege praecedente and but one by deputy; and incongruous it were and almost non-sence, to bar his presence that is president of such an Assembly.

The Saxon Monarchy under Alfred, Ethelred, Ex Synodis & legibus Alfredi Ethelredi, Edgari. and Edgar in their Synods or Placita generalia went in the same practise and since. Thus Ethelwald appealed against Earl Leofrick From the County and generale Placitum before King Ethelred and Edgira the Queen,Ex Registr. Elien. against Earl Goda to Eldred the King at London, Ex Registr. Abigtounessi. Chronicon de Waverley. [Page] Congregatis Principibus & sapientibus Angliae. Gesta Sancti Edwardi Galice. In the year 1502. under Edward the Confessor Statutum est placitum magnum extra Londinum quod Normanni ex Francorum consuetud. Alured. Rivalensis, vita Edwardi Confessoris. Parliamentum appellant where the King and all his Barons appealed Goodwin for his Brother Alureds death, the Earl denyed it, and the King replyed thus, My Lords, you that are my liege men Earls and Barons of the Land here Assembled together have heard my Appeal and his Answer, unto you be it left to do right betwixt us.

At the great Councel at Westminster 1072.Regist. Cantuarien. in Easter week, the cause of the two Archbishops Lanfrank and Thomas, ventilata fuit, in praesentia Regis Willielm. And after at Winsor, finem accepit in proesentia Regis. At the same feast in the year 1081. (the usual time of such Assemblies) the King, the Archbishops, Bishops, Abbots, Earls, and chief Nobility of the Kingdom present (for so are the words of the Records) the cause between Arsast Bishop of Norway, Regist. Sancti Edmundi. and Baldwyne Abbot of Bury was also argued, Et ventilata in publica jubet Rex teneri Judicium Causis auditis Amhorum.

The diligence of his Son the Learned Henry the first in executing of this part of his kingly function is commended to posterity,Walterus Mape de nugis curialium. by Walter Mape, a Learned [Page] man, trained up, and in favour with Henry the second, in these words, Omnia Regali more moderamine faciebat, neminem volebat agere justitia vel pace. Constituerat autem ad tranquilitatem omnium ut diebus vacationis, vel in domo magna subsidio copiam sui faceret, usque ad horam sextam, (which was till twelve as we now accompt) secum habens Comites, Baronet, Proceres, & Vavasores, to hear, and determine causes, whereby he attained the surname of Leo Justitiae in all stories,Hen. Huntingdon. and so out-went in quiet guidance of the State his best progenitors.Malmsbury. The next of his name that succeeded is remembred every where for his debates and his disputes he had in person with Thomas the Archbishop, and others of his part,Vita Tho Cantuar per Fitz-Stephanum. Gesta Hen.2. Benedictio Abb. Authore. at the great Counsels both at London, Clarendon, and Northampton, for redress of the many complaints of the Commons, against the outrages and extortions of the Clergy; one thousand five hundred and fifty seven, Die Penticostis apud sanctum Edmundum, the same King Diademate Insignitus, Regist. Monast. de Belto. with the Bishops, Abbots, Earls, and Barons of the Kingdome, sate daily himself and heard all the debates, concerning the Liberties and Charters of Battle Abbey. The interlocutory Speeches as well of the King, as Lords and parties are at full related in a Register of that Church.

[Page] The sute between the Church of Lincolne and Saint Albanes, Regist, Lincoln. in praesentia Regis Henry Archepiscop. & Episcop. omnium Angliae, & Comitum & Baronum Regni, was at Westminster debated and ended: And had alone of memory and truth been a protector of the publick Records of the State, as awe of the Clergies sensure was a guard to theirs, in tempestuous times, we had not been now left to the only friendship of Monkes diligence; for example in this kind.Liber Burtoni ens. Monasterii At Lincolne the Archbishops, some Bishops, but all the Earles and Barons of the Realme, una Cum Rege Johanne Congregati ad colloquium de concordia Regis Scotiae, saith the Register of that Church.

This use under King Henry the third,Rot. Clans. Anno 59. E. [...]. needeth no further proofe, than the Writ of summons (then framed) expressing that Kings mind and practise; It is Nobiscum & Praelatis & Magnatibus nostris quos vocari fecimus super praemissis tractare & Consilium impendere, which word Nobiscum implieth plainely the Kings presence; what the succeeding practise was, from the fifteenth year of the second Edward, the proper Records of this inquiry (the Journall Books being lost) I am enforced to draw from out the Rolls of Acts, wherein sometimes by chance they are remembred. Edward the second was present [Page] in Parliament in the fifteenth year of his Raigne at the complaint against the Spencers, Rot. Parl. 15. Edw. 2. and at the second Parliament that year, for the repeale of that banishment.

In the fourth of Edward the third, the King was present at the accusation of Roger Mortimer, Rot. Parl. 4. Edw. 3. but not at the Tryall.

And the next year in the treaty of the French affaires.Rot. Parl. Anno 5. Edw. 3.

In the sixth year Intererat Rex in Causa Johannis de Gray & Willielmi de Zous. The same year the second day in Parliament, the King was present at the debate about his Voyage into Scotland.

In the fifteenth year the King in the Painted Chamber sitting with the Lords in consultation,Rot. Parl. Anno 15. Edw. 3. the Archbishop after pardon prayed, that for better clearing himself, he might be tryed in full Parliament by his Peers; which was granted.

In the seventeenth in Camera Alba, Rot. Pa [...]l. Anno 17. Edw. 3. now the Court of requests, Rex cum magnatibus conveniunt Communes super negotiis Regni.

In the tenth of Richard the second,Chronicon Henrici Knighton. the King departed from the Parliament in some discontent, when after some time, Lords are sent to pray his presence, and informe his Majesty that if he forbear his presence amongst them [Page] fourty dayes, that then Ex antiquo Statuto, they may returne absque do [...]igerio Regis, to their severall homes.

Henry the fourth began his first Parliament the first of November, Rot. Parl. Anno 1. Hen. 4. and was the twenty seventh of the same moneth at a debate about the Duke of Brittany, the thirtieth day the Cause of the Archbishop of Canterbury was before him proposed only.

The third of November he was at the debate,Rot. Parl. Anno 2. Hen. 4. whether the Commons had right of Judicature yea or no.

On the tenth he was with the Lords in their consultation about the expedition against the Scots; Rot. Parl. 10. Hen. 4. the creation of the Duke of Lancaster, and prohibition of a new sect for entring his Kingdom. Some Ordinances were at this time consulted of before him about the staple, and the sentence against Haxey after dispute revoked.

This King began his second Parliament, the twentieth of January, Anno 2. Hen. 4. Rot. Parl. and on the ninth of February was present to make agreement betwixt the Bishop of Norwich, and Thomas of Erpingham.

On the twentieth day of the same moneth he was present at Counsell for repressing the Welch Rebells; for revocation of stipends, and concerning the Priors Aliens.

[Page] On the 26. they advise before the King of the Cistertians order.

On the second of March of the Statute of Provisions the Keeper of the privy Seal, of relieving the two Universities.

And on the ninth of March, Rot. Parl. Anno 4. Hen. 4. they mediate before the King a reconciliation betwixt the Earl of Rutland and the Lord Fitzwater.

He also began a Parliament in the fifth year upon the fifteenth of January, Rot. Parl. Anno 5. Hen. 4. and on the twentieth they advise before the King of guarding the Seas, and the Welsh rebellion.

On the eighth of February the Earl of Northumberland is charged before the King, and in his presence, and by his permission, divers of whom he knew no harme, were removed from the Court.

The next day at the Petition of the Commons, he took upon him to reconcile the Earles of Northumberland and Westmerland. And on the two and twentieth of February of the Earles of Northumberland and Dunbarre.

In a Parliament of 27 of Hen. the 6.Rot. Parl. Anno 27. H. 6. a Challenge of seate in Parliament betwixt the Earles of Arundell and Devonshire, was examined and appointed by the KING with the advice of the Lords.

In that great capitall cause of theRot.Parl. Anno 28. Hen. 6. [Page] Duke of Suffolke, the 28 of Hen. 6. I finde not the King once present at the debates, but the Duke appealing from his tryall by Peerage, to the King, is brought from out of the house of Lords to a private Chamber, where the King after the Chancellor in gross had declared his offence, and his refusall, the King himself (but not in place of judgement) adjudged his banishment.

By the Rolls of Edward the fourth,Rot. Parl. Anno Edw. 4. it appeareth that he was many dayes, besides the first and last of Parliament, and there was entred some Speeches by him uttered, but that of all the rest is most of remark, the reporter then present thus tells it.Registrum Cralanden. This of the Duke of Clarence and the King, Tristis disceptatio inter duos tantae humanitatis Germanos, nemo arguit contra ducem nisi Rex, nemo respondit Regi nisi dux, some other testimonies are brought in, with which the Lords are satisfied, and so Formârunt in eum sententiam damnations, by the mouth of the Duke of Buckingham, the Steward of England, all which was much distasted by the House of Commons.

The Raigne of Henry the seventh affords us upon the Rolls no one example.Ex Chartis Anno 12. H. 7. The journall Bookes are lost, except so much as preserves the passages of eight dayes in the twelfth year of his Raigne; in which the King was [Page] some dayes present at all debates, and with his own hand the one and thirtieth day of the Parliament, delivered in a bill of Trade then read, but had the memorials remained, it is no doubt but he would have been as frequent in his Great Councell of Parliament,Ex Regist. Camera Stellata. as he was in the Starre-Chamber, where by the Register of that Court it appeareth as well in debate of private causes, that toucheth neither life nor Member, as those of publique care, he every year of all his raign was often present.

Of Henry the eighth, memory hath not been curious, but if he were not often present, peradventure, that may be the cause, which the learned Recorder Fleetwood, Ex Annalibus Fleetwood Recordat. London. in his preface to the Annalls of Edward the fifth, Richard the third, Henry the seventh, and Henry the eighth hath observed in the Statutes made in that Kings dayes, for which cause he hath severed their Index from the former: And much lay in the will of Wolsey, who ever was unwilling to let that King see with his own eyes.

Edward the sixth,Memorial. E. 6. propria man [...]. in respect of his young years may be vvell excused, but that such was his purpose it appears by a memorial of his own hand, vvho proportioning the affairs of Councell to several persons, reserved those of greatest vveight to his own presence in these vvords. These to attend the matters of State, [Page]that I will sit with them once a week to hear the debating of things of most importance.

Unfitness by sex in his two succeeding sisters, to be so frequent present as their former Ancestors, led in the ill occasion of such opinion and practise.

Most excellent Majesty, your most humble servant in discharge of obedience and zeal, hath hastned up this abstract, vvhich in all humility he offers up unto your gracious pardon. Presumption to enter the Closet of your Counsell is far from his modesty and duty, vvhat hath been your powerfull Command, he hath made his Work, vvhat is fit to be done vvith it, is only your divine judgment. He dares not say Presidents are vvarrants to direct; The success (is as vvorthy observation) as the knowledge of them, sometimes have made ill example by extension of Regal power, through ill Counsels vvith ill success. Some as bad or vvorse vvhen the people have had too much of that, and the King too little, the danger no less. To cut out of either of these patterns to follovv, vvere but to be in Love vvith the mischief, for the example. The clearer I present this to your Highness, the nearer I approach the uprightness of your heart, the blessed fortune of your happy Subjects: Pardon, most Sacred Majesty, that I offer up unto your admired vvisdome, my vveak, but dutifull observations out [Page] of all the former gathering. In Consultations of State and decisions of private plaints, it is clear from all times, the King not only present to advise and hear but to determine also, in Cases Criminal, and not of Bloud, to bar the King a part vvere to exclude him the Star-chamber, as far from reason as example. The doubt is then alone in Crimes meer Capital; I dare not commend too much the times that lost these patterns, either for the Causes or Effects; but vvish the one and other never more. To proceed by publick Act of Commons, Peers, and King, vvas most usuall. Appeals are given by Lavv of Hen. 4. of this in novv debate, the vvay I fear, as yet obscure, as great advice to State is needfull for the manner, as for the Justice. The example in the cause of the Duke of Suffolke, 28 Hen. 6. vvhere the King gave judgement vvas protested against by the Lords. That of the Duke of Clarence of Edw. 4. vvhere the Lords and the high Stevvard the Duke of Buckingham gave judgement, vvas protested against by Commons, in both of these the King vvas sometimes present, but vvhich of those may suit these times I dare not guess.

That of Primo Rich. 2. of Gomeneys and Weston, accused by the Commons plaint for Treason, vvas tried by the Lords in absence of the King, but sentenced by [Page] the Lord Scroop, Stevvard for the King. The Accused vvere of the rank of the Accusers, Commons and not Lords: Hovv this vvill make a President to judg in causes Capital, a Peer of Parliament, I cannot tell. But if I should conceive a vvay ansvverable as well to Parliament as other Courts, if the King and the Lords vvere Tryers, and the Commons assenters to the judgment to hear together the Charge, and evidence; The Lords as doth the Jury in other Courts, to vvithdravv, to find the Verdict, and then the Stevvard, for the King, to pronounce the Sentence. It passeth so by vvay of Act and Course that carrieth vvith it no exception, and likely to avoid all curious questions of your Highness presence there.

If your humble servant hath in this expression of his desire to do you service, presumed too far, his Comfort is, that vvhere zeal of duty hath made the fault, benignity of goodness vvill grant the Pardon.

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A DISCOURSE OF THE LAWFULLNES OF COMBATS

To be performed in the presence of the KING, or the Constable and Marshall of ENGLAND.

Written by Sir Robert Cotton, Knight and Baronet. 1609.

LONDON; Printed in the Year 1672.

[Page]

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A DISCOURSE OF THE LAWFULLNES OF COMBATS To be performed in the presence of the KING, &c. COMBAT.

WHere difference could not be determined by legal proof or testimony,Combat. Ex lib. 3. Const. Car. magni de testibus. there was allowed the party his purgation.Bract. l. 3. c. 18. fol. 137. tit. Corona.

Which was either

Canonicall or

Legall.

The first by Oath, and called Canonicall, because it is Lawfull.

[Page] The other, which was either Per aquam candentem, ferrum ignitum, or Duellum, called vulgare, because it was brought in by the barbarous people, without the pretext of any Law;Leges Lombard. fol. 17. b. Lu [...]prand [...] Rege. Pr [...]pter consuetudin [...]m gent. legem impiam vitare non possumus. untill the Gothish and Lombard Kings, seeing their Subjects more addicted to Martiall Discipline than to Civill Government, reduced those trialls to Form and Rule: Which Constitutions are now incorporated in the Civill Law.

From the Northern Nations (of which the Saxons and Normans, or Northmanni are part) it was brought into this Land, And although it grew long ago, both by the Decrees of Desiderius Luitprandus, De Papin. Hist. l. 9. c. 11. Lib. 5. Decret. 2. part. ca. 1. qu. 40. and the Mother Church, discontinued amongst the Lombards, as soon as they grew Civilized in Italy; yet it continued till of late with us, as a mark of our longer barbarisme: Neither would we in this obey the See of Rome; to which we were in many respects observant children; which, for that in the Duell, Condemnandus saepe abslovitur, & quia Deus tentatur, decreed so often and streightly against it.

In England this single Combat was either granted the party by license extra-judiciall, or legall process. The first was ever from the King, as a chief flower of his Imperiall Crown, and it. was for exercise of Arms especially.

Thus did Richard 1.Rich. 1. Parl. Anno 20. give leave for [Page] Tournaments in five places in England; inter Sarum & Winton; inter Stamford & Wallingford, &c. ita quod pax terrae nostrae non infringetur, nec potestas justiciara minorabitur: For performance whereof, as likewise to pay unto the King according to their qualities or degrees, a sum of money proportionable, and that of a good value and advantage to the Crown, they take a solemn Oath.

The like I find in 20 E. 1. and 18 E. 3. granted Viris militaribus Comitatus Lincoln, to hold a Just there every year.20 E. 1. Pat 18. E. 3. in 44. part 2. Richard Redman and his three Companions in Arms, had the licence of Rich. 2. Hastiludere cum Willielmo Halberton, Pat. part 3. Anno 19. R. 2. m 16. cum tribus sociis suis apud Civitat. Carliol. Pat. Anno 5. H. 4. m. 8. The like did H. 4. to John de Gray; and of this sort I find in records, examples plentifull.

Yet did Pope Alexand. the fourth, following also the steps of his Predecessors, Innocentius & Eugenius, prohibit throughout all Christendome, Detestabiles nundinas vel ferias quas vulgo Torniamenta vocant, in quibus Milites convenire solent ad oftentationem virium suaram & audaciae, unde mortes hominum & pericula animarum saepe conveniunt. And therefore did Gregory the tenth send to Edward the first his Bull pro subtrahenda Regis praesentia à Torniamentis à partibus Franciae, as from a spectacle altogether in a Christian Prince unlawfull:Lactan. divin. Instit. cap. 6. For, Gladiatorum sceleribus [Page]non minus cruore profunditur qui spectat, quàm ille qui facit, saith Lactantius. And Quid inhumanius quid acerbius dici potest, saith Saint Cyprian, St. Cyp. l. 1. Ep. 2. then when homo occiditurs in voluptatem hominis, & ut quis possit occidere peritia est, usus est, ars est, Scelus non tantùm geritur, sed docetur. Disciplina est ut primere quis possit, & Gloria quòd periunt.

And therefore great Canstantine, Euseb. in vita Constant. l. 3. Zocomen. l. 1. c. 8. as a fruit of his conversion (which Honorius his Christian successor did confirme) established this edict:l. 2. Cod. & Glad. Ex Cod. Theo [...]os. l. 5. c. 26. Cruenta spectacula in otio civili & domesticâ quiete non placent: quapropter omninò Gladiatores esse prohibemus. And the permission here amongst us no doubt, is not the least encouragement from foolish confidence of Skill, of so many private quarrells undertaken.

Combats permitted by Law, are either in causes Criminal or Civil, as in appeals of Treason, and then out of the Court of the Cons [...]able and Marshal;F [...]colinus de Brackland cap. 12. H 1. as that between Essex and Montford in the raign of Henry the first, for forsaking the Kings Standard.

That between Audley and Chatterton for betraying the fort of Saint Salviours in Constant, 2. Part. pat. 8. R. 2. Memb. 8. Rot. Vascon. Anno 9. H. 4. the eighth year of Richard the second.

And that of Bartram de Vsano, and John Bulmer, coram Constabulario & Mariscallo Angliae de verbis proditoris, Anno 9.[Page]H. 4. The form hereof appeareth in the Plea Rolls, [...]lacita coram Rege 22 E. 1. Anno 22. E. 1. in the case of Vessey: And in the Book of the Marshals Office, in the Chapter Modus faciendi Duellum coram Rege.

In Appeals of Murther or Robbery, the Combat is granted out of the Court of the Kings Bench. The Presidents are often in the books of Law; and the form may be gathered out of Bracton, and the printed Reports of E. 3. and H. 4.Bract. l. 3 c. 21 Anno. 17 E. 3. & Anno. 9 H. 4. All being an inhibition of the Norman Customes,Ex Consuetud. Duc. Norman. cap. 68. as appeareth in the 68th. chapter of their Customary; from whence we seem to have brought it.

And thus far of Combats in Cases Criminall.

In Cases Civill, it is granted either for Title of Arms out of the Marshals Court;Tit. de Equela multri fol. 145. as between Richard Scroop and Sir Robert Grosvenor, Breve Reg. orig. apud R. G. C. Citsilt, and others, Or for Title of Lands by a Writ of Right in the Common-Pleas, the experience whereof hath been of late: as in the Case of Paramour; and is often before found in our printed Reports,Reports Anno 1 H. 6. Dyer Anno 13 Eliz. where the manner of darraigning Battail is likewise; as 1 H. 6. and 13 Eliz. in the L. Dyer expressed.

To this may be added, though beyond the Cognisance of the Common Law, that which hath in it the best pretext of Combat; which is the saving of Christian [...]loud, by deciding in single fight, that [Page] which would be otherwise the effect of publick War.

Such were the Offers of R. 1. E. 3.Rog. [...]ovodeden & Adam Merimuth in vita E. 3. and R. 2.Rot. Fran. Anno 7 R. 2. m. 21. to try their right with the French King body to body.Compane de la faughe Regali & Spagna. f [...] 110. and so was that between Charles of Arragon, Joan. de Molina Chron. de Loy [...] Reg. de Aragon. fol. 43. Balla Martini 5. dat in Kal. Maij Anno [...]ontific. 8. and Peter of Terracone for the Isle of Sitilie, which by allowance of Pope Martin the 4th. and the Colledge of Cardinalls, was agreed to be fought at Burdeux in Aquitain. Wherein (under favour) he digressed far from the steps of his Predecessors, Eugenius, Innocentius, and Alexander; and was no pattern to the next of his name, who was so far from approving the Combat between the Dukes of Burgundy and Glocester, as that he did inhibit it by his Bull; declaring therein; that it was Detestabile genus pugnoe, omni divino & humano jure damnatum, & fidelibus interdictum; And he did wonder and grieve, quod ira, ambitio, vel cupiditas honoris humani ipsos Duces immemores faceret Legis Domini & salutis aeternae, qua privatus esset quicunque in tali pugna decederat: Nam saepe compertum est superatum fovere justitiam; Et quomodo existimare quisquam potest rectum judicium ex Duello, in quo immicus Veritatis Diabolus dominatur.

And thus far Combates, which by the Law of the Land, or leave of the Soveraign, have any Warrant.

It rests to instance out of a few Records, [Page] what the Kings of England, out of Regal Prerogative have done, either in restraint of Martial exercises, or private quarrels, or in determining them when they were undertaken: And to shew out of the Registers of former times, which what eye the Law and Justice of the State did look upon that Subject, that durst assume otherwise the Sword or Sceptre into his own hand.

The restraint of Tournaments by Proclamation is so usuall, [...]lacita anno 29. & 31 E. 1. that I need to repeat, for form sake, but one of many.

The first Edward, renowned both for his Wisedome and Fortune, Publice fecit proclamari, & firmiter inhiberi, ne quis, sub forisfactura terrarum & omnium tenementorum, torneare, bordeare, justas facere, aventuras quaerere, seu alias ad arma ire praesumat, sine Licentia Regis speciali.

By Proclamation R. 2. forbad any but his Officers,Rot. claus. anno 19 R. 2. dat. 26 Feb. and some few excepted, to carry any Sword, or long Bastard, under pain of forfeiture and Imprisonment.

The same King,Claus in dorso 19 R. 2. in the 19th of his raign, and upon the Marriage with the French Kings daughter, commanded by Proclamation, Ne quis Miles, Armiger, seu alius Ligeus aut Subditus suus, cujuscunque status, aliquem Francigenam, seu quemcunque alium qui de potestate & obedientia regis existerit, Vpon what pretence soever, ad aliqua facta Guer [...] [...]rum, seu actus[Page]armorum exigat, sub forisfactura ominum quae Regi forisfacere poterit.

And as in the Kings power it hath ever rested no forbid Combates, so it hath been to determine and take them up.

Thus did R. 2. in that so memorable quarrel between Mowbray and Hereford, Com. St. Alban. 22 R. 2. by exiling them both. And when Sir John de Anestie, and Tho. de Chatterton, were ready to fight, candem quaerelam Rex in manum suam recepit, saith the Record.

And De mandato Regis direptum est praelium inter Johannem Bolmer, 2. Pars pat. anno 8 R. 2. Rot Vascon. anno 9 H. 4. m. 14. & Bartramum de Vesana in the time of Henry the fourth.

Sir John Fitz-Thomas being produced before the Earl of Glocester, Deputy of Ireland, and there Challenged by Sir William deVessy to have done him wrong, in reporting to the King, that Sir William aforesaid should have spoken against the King defamatory words, of which Sir John there presented a Schedule:Placita coram Rege. 22 E. 1. Willielmus, audito tenore Schedulae praedictae, dementitus est praedictum Johannem, dicendo; mentitus est tanquam falsus, & proditor, & denegavit omnia sibi imposita, & tradidit vadium in manum Justiciarij, qui illud ad misit. Et Praedictus Johannes advocavit omnia & dementitus est simil. dictum Willielm. Whereupon the Combat was granted, and the time and place inrolled: [Page] but the Process was adjourned into England before the King; who with his Counsell examining the whole proceeding, and that Quia Willielmus attachiatus fuit ad respondend. Johanni praedicto super diffamatione principaliter, Rot. Parl. anno 23 E.1. & non sit citatus in Regno isto placitare in Curia Regis, placita de diffamationibus, aut inter partes aliquas, Duellum concedere in placitis de quibus cognitio ad curiam Regis non pertinet; And for that the Judge, vadia praedictorum Johannis & Willielmi cepit priusquam Duellum inter eos consideratum & adjudicatum fuit, quod omnino contra legem est & consuetudinem Regni: Therefore, per ipsum Regem & Concilium concordatum est, quod processus totaliter adnulletur: And that the said John and Willlam eant inde sine die; salva utrique eorum actione sua si alias de aliquo in proedicto processu contento loqui voluerint.

In a Combat granted in a Writ of right, Philip de Pugill, one of the Champions, oppressus multitudine hominum se defendere non potuit: Whereupon the People against him in perpetuam defamationem suam in eodem Duello Creantiam proclamabant, which the King understanding, Assensu Concilii statuit, quod praedict. Philippus propter Creantiam praedict. liberam legem non omittat, sed omnibus liberis actibus gauderet sicut ante Duellum gaudere consuevit.

What penalty they have incurred, that without law or license have attempted the practise of Arms, or [Page] their own Revenge, may somewhat appear by these few Records following

William Earl of Albemarle was Excommunicated Pro Torniamento tento contra praeceptum Regis. Pat. in dors. 4 H 3. Conc. Trid. Sess 9. Tit Decreta Reform. Ex Con. Biturien. fol 1022. Claus, anno 3. E. 1. m. 2. To which agreeth at this day for the Duell the Councel of Trent, and that held at Biturio in Anno 1584.

John Warren Earl of Surrey was fined at a thousand marks pro quadam transgressione in insultu facto in Alanum de la Zouch.

Talbois was committed to the Tower for attempting to have slain the Lord Cromwell. Parl anno 24 H. 6.

And because Robertus Garvois insultum fecit, & percussit Edwardum filium Williel. mi, inquisitio facta est de omnibus tenementis & catallis praedicti Roberti.

Edw. Dallingrige accused by Sir John St. Leger before the Kings Justices Pr [...] venatione, & aliis transgressionibus, answered, that these accusations were false, and threw down his Glove, and challenged disrationare materias praedictas versu [...] praedictum Johannem per Duellum. Placita de quo Warrant [...] anno 8 R. [...]. Sussex. Sed quis contra legem terrae vadiavit inde Duellum, he was committed to Prison, quousque satisfaceret Domino Regi pro contemptu.

Sir Nicholas de Segrave, a Baron, Challenged Sir John de Cromwell, and, contrary to the Kings prohibition, because he could not fight with him in England, dared him to come and defend himself in [Page] France: therein (as the Record saith) subjecting as much as in him lay, the Realm of England to the Realm of France, being stayed in his passage at Dover, was committed to the Castle, & brought after to the Kings Bench; and there arraigned, before the Lords, confesled his fault, & submitted himself to the King, de alto & basso: Wherefore judgement is given in these words,Placita coram Rege Trin. 33 E. 1. Et super hoc Dominus Rex volens habere avisamentum Comitum, Baronum, Magnatum, & aliorum de consilio suo, injunxit. eisdem, in homagio fidelitate & ligeantia quibus ei tenentur, quod ipsi considerent quails poena pro tali facto fuerit infligenda. Qui omnes, habito super hoc consilio, dicunt quod hujusmodi factum moeretur poenam amisionis vitae, Whereupon he was committed to the Tower, & Ro. Archerd, that attended him into France, was committed to prison, arraigned, & fined at 200 marks. In the end, & aftermuch intercession, the L. Segrave was pardoned by the King, but could not obtain his liberty, until he had put in security for his good behaviour.

But this course holdeth proportion with an ancient law made by Lotharius the Emperor in these words, De hiis qui discordiis & contentionibus studere solent, & in pace vivere noluerint, Ex lege Longi bard. 45. circa annum 8 [...] & inde convicti fuerint, similiter volumus, ut per fidejussores ad nostrum Palatium veniant, & ibi cum nostris fidelibus consider [...]bimus quid de talibus hominibus faciendum sit.

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A BREIF ABSTRACT Of the Question of PRECEDENCIE BETWEEN ENGLAND AND SPAINE;

Occasioned by Sir Henry Nevill The Queen of Englands Ambassador, and the Ambassador of Spain, at Calais, Commissioners appointed by the French King, who had moved a Treaty of Peace in the 42. year of the same QUEEN.

Collected by Robert Cotton Esquire, at the commandment of her Majesty.

Anno Domini 1651.

LONDON, Printed in the Year 1672.

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A BRIEF ABSTRACT ACT Of the Question of Precedency between England and Spain, &c. • Precedency of the King in respect of • place • Antiquity as a • Kingdom , • or a , and • Christian Kingdom.  , • or , and • Eminency of the Throne Royal  , • or , and • person • Nobility of bloud , • or , and • Antiquity of Government.   

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Precedencie of England in respect of the Antiquity of the Kingdome.

TO seek before the decay of the Roman Empire the antiquity of any Kingdome is meer vanity, when as the Kingdomes of Christendome, now in being, had their rising from the fall thereof; at which instant Vortigern a Native of this Isle, first established here a free Kingdom four hundred and fifty years after Christ, and so left it to the Saxons, from whom her Majesty is in discent Lineal; and it is plain, that as we were later then Spain reduced under the Roman yoak, so we were sooner infreed.

Subsequence of Spain.

Spain since the dissolution of the Roman Empire entituled no King, till of late, for Attalaricus from whom they would, upon slender warrant, ground their dissent, was never stiled Rex Hispaniae, but Gothorum, and the Kingdom of [Page] Castile, Rodericus Sanctius. pag 312. wherein the main and fairest antiquity of Spain rested, begun not before the year of Christ 1017. whereas they were but Earls of Castile before; so that the Kingdome of the English began (which was alwayes as Beda observeth a Monarch in a Heptarchie) 460.Beda. years at the least before the Kingdom of Castile or Spain.

Precedency of England in respect of Antiquity of Christian Religion.

JOSEPH of Aramathea planted Christian Religion immediately after the passion of Christ,Baronius. in this Realm.

And Aristobulus one of them mentioned by Saint Paul, Dorothaeus. Romans 6. was Episc. Brittanorum, and likewise Simon Zelotes.

The first Christian King in Europe was Lucius Surius. Beda.

The first that ever advanced the papacy of Rome, Baronius & Donaco Constantini. was the Emperour Constantinus born at Yorke. Of whom in the Roman Laws near his time is written Qui veneranda Christianorum fide Romanum munivit imperium; And to him peculiarly more than to other Emperours are these Epithitons attributed,In inscriptionibus antiquis. Divus Divae memoriae, divinae memoriae orbis Liberator, quietis fundator, Reipublic. instaurator, [Page]publicae libertatis auctor, Magnus Maximus, Invictus; Restitutor urbis Romae, atque orbis.

And there have been more Kings and Princes of the bloud Royall,Easci [...]ulus temporis. Confessors and Martyrs in England, than in any one Province in Europe.

And from Ethelbert King of Kent, (Converted Anno 596) untill this day, Christianity hath been without interruption continued.

Subsequence of Spain.

In the time of Claudius, Saint James preached in Spain; but gained only nine Souls.Tarapha. So did he in Ireland as Vincentius saith; and they cannot count Christian religion to be then planted in Spain, which shortly after was first tainted with the heresie of Priscilian, then with Gothish Arianism, and after defaced with Moorish Mahumetism from 707 years after Christ,Tarapha. in continuance 770 years, untill Ferdinando, King of Arragon and Castilia utterly expelled the Moors.

Precedency of England in respect of the more absolute Authority Politicall.

THe Queen of Englands power absolute in acknowledging no superior, [Page] nor in vassallage to Pope or Emperour.Eulogium lib. 5 For that subjection which by King John was made to Inno [...]entius the third, after in Parliament, Per praeceptum Domini Papae septimo Julii, Cum fidelitate & homagio relaxatur omnino.

Sir Thomas Moore in his debellation, saith, the Church of Rome can shew no such deed of subjection, neither that the King could grant it of himself. And Engubinus in his defence of Constantines dodation,Ex legibus Sancti Edwardi. nameth not England, Ex legibus Cenuti. where he recited all the foedary Kingdomes of the Papacy; the Peter-pence were not duties but Eleemosina Regis, neither the Rome-Scot, but Regis larga benignitas: Parem non habet Rex Angliae in Regno suo: multo fortius nec superiorem habere debet saith Bracton.

Ipse non debet ess e sub homie, Bracton. sed sub Deo, & habet tantum superiorem Judicem Deum: Likewise in appointing Magistrates; pardoning Life, Appeal, granting privileges, taking homage, and his Jura Majestatis not limited in censu nummorum, Bello judicando, Pace ineunda.

Eleutherius the Pope 1400 years ago, in his Epistle to Lucius King of Brittain, stiled him Vicarius Dei in Regno suo; so is the King of England in Edgars Lawes; and Baldus Baldus. the Lawyer saith, Rex Angliae est Monarcha in regno suo; and Malmesbury, Malmsbury. Post conversionem ad fidem tot & [Page]tantas obtinuit Libertates quot imperator imperia.

Subsequence of Spain.

The King of Spain hath no Kingdom, but is foedory either to France or Castila, enthralled by oath of subjection, and vassallage, from King Henry, to Charles the fifth of France 1369. Ex foedere contracto: And for the Netherlands, there is homage due to the French King, or the Papacy, as Arragon to Innocentius the third, by King Peter 1204. confirmed by Ferdinand and Alphonsus 1445. and from James, by the like oath, 1453.

And to Sardinia and Corsica the King of Arragon, from the Bishops of Rome, were under oath of subjection invested: Ex formula fiduciae.

The Kingdom of Portugall in vassallage to the Pope under an Annuall Tribute.

And the Canaries, Hesperides, and Gorgon Islands subjected to the See of Rome, under the chief Rent of four hundred Florins, by Lewis King of Spain, 1043.

Of both the Indies Alexander did reserve the regalities of Sicilia, Ex Eug [...]bino. the Church is chief Lord.

And Granado and Navarre were made foedary to the Pope, under Julius the second.

[Page] Naples at every change sendeth a Palfrey, as a Heriot, due to the Church of Rome, and of the Empire he holdeth the Dukedom of Millaine.

So that it is questionable among Civilians: whether he be Princeps which holdeth in feodo all of others.

His absolute authority restrained in Arragon, by Justitia Arragonica. In Biscay and other places, by particular reservations. And his Jura Majestatis in Censu Nummorum, Bello judicando, Pace ineunda &c. Limited by the priviledges of the State, as at Brabant and elsewhere in his Spanish Territories; Ex propriis constitutionibus & privilegiis.

Precedency of England in respect of more absolute authority Ecclesiastical.

HEr Majesties power more absolute in this (confirmed by ancient Custome and privilege) than any other Christian Prince. For no Legat de Latere in England, de jure allowed,Ex Ranolpho N [...]gro. but the Archbishop of Canterbury.

If any admitted by courtesie, he hath no Authority to hold plea in the Realm, contrary to the the Laws thereof: Placita 2 Hen. 4. and before he was admitted and entered the Realm, he was to take oath, to do nothing derogatory to the [Page] King and his Crown. Placita Anno prim [...] Henri 7. No man might denounce the Popes excommunication, nor obey his authority on pain to forfeit all his goods, without assent of the King or his Counsel. Placita 23 and 34 Edw. Rot. Dunelm.

Henry the First called a Provincial Councel,Malmsbury. so did Canutus and others.

No appeal to Rome without the Kings licence: Anno 32 & 34 Edw. 1. Inventure of Bishops and Churchmen, in the Kings hand. Ex Matt. Paris & Hen. Huntington.

De gestis Pontific. Donelm Placita. 32 Edw. 1. and in the 32 Edw. 3. Where the reason of the Kings Ecclesiastical authority, to suspend or bestow Church livings is yielded, Quia reges Angliae unguntur in Capite.

Subsequence of Spain.

The King of Spain can prescribe no custome to prohibit the Popes Legat, nor useth any Authority Penall over the Clergy; Spain can produce no Example of any Provincial Councel by call of the King For. Bodin lib. 1. cap. 6. towards the end writeth, that the Kings of Spain, Non sine magna mercede impetraverunt Sixti Pontificis Romani rescripto ne perigrinis sacerdotia tribuerentur.

[Page] Appeals from the King to Rome allowed. So the Kings of Spain, have meerly no power Ecclesiastical, having dispoyled himself of all, by inthralling their Kingdom to the Church of Rome.

Precedency of England, in respect of Eminency of Royall Dignity.

THe Kings of England are anointed as the Kings of France, Ex libro B [...]rn wellensis Caenobiae. who only have their preheminence before other Kingdoms declared by miracle, in the cure of the Regius morbus, which they can effect only; and that of antiquity: For Edward the Confessor healed many.

2. They are superiour Lords of the Kingdome of Scotland and Man, and Vicarii Imperii; as Edward the third and Oswald intituled Rex Christianissimus: ve. Peda lib. 2.

3. They are named Filii adoptivi Ecclesiae, Platina. as the Emperour Filius Primogenitus, and the King of France, Filius natu minor: vide Platina.

4. They are accompted among Reges super illustres, in this order:Corsettus. Imperator, Rex Franciae, Rex Angliae & Franciae, vide Corsettus.

5. England in the General Councels at Constance and Pisa, was made a Nation, [Page] when as all Christianity was divided into four Nations,Ex lib. Sacrarum Ceremoniar. Itallicam, Gallicam, Germanicam, & Anglicam. Ex lib. sacrarum Ceremoniarum Ecclesiae Romanae.

6. Whereupon seat accordingly was allowed at the three General Councels, viz. Constance, Pisa, Sienna, to the English Ambassadors next to the Emperour on the left hand, and to the King of France on the right hand: which were their Ancient seats before the Spaniards at Basill 1431. begun to contend for Precedency.

Where it was in the first Session ordered, that all Legats should hold such their places, as they had enjoyed heretofore, according to their worth and antiquity: Yet in the Councel of Trent the precedency of France with Spain was made questionable.

Augustus de Cavalles, as the strongest reason to bar the French Interest, inferred the Queen of England from her Ancestors, both in respect of Inheritance, Conquest, and Gift, de jure Queen of France. By which reason when he doth shake or overthrow (as he thinketh) the Precedency of France, he doth consequently strengthen the Precedency of England.

And in Treaty between Henry the seventh, and Philip of Castile, 1506 the Commissioners of England did subsign betore the other, And in the Treaty of [Page] Marriage with Queen Mary, Anno 1553 those of England are first rehearsed. And at Burbrough Anno 1588. they gave it to her Majesties Ambassadors.

And yet in respect of the Eminency of this Royal throne, to the See of Canterbury was granted by Vrbane, at the Councel of Claremount, Anno 1096. for ever, the seat in General Councel, at the Popes right foot, who at that time uttered these words; Includamus hunc in orbe nostro tanquam alterius orbis Pontificem Maximum.

Subsequence of Spain.

1. The Kings of Castile are never anointed, neither hath the Spanish Throne that vertue to endow the King therein invested, with the power to heal the Kings evil: For into France do yearly come multitudes of Spaniards to be healed thereof.

2. No Kingdom held in fee of him.

3. Spain then not remembred one of the Sons of the Church.

4. The King of Spain placed last after the King of England inter super illustres, by the said Corsettus.

5.The Kingdome was then comprised under Itallica natio, and no Nation of it self, as in old it was called Iberia minor, as a member of Italy, Iberia major. Virgilius. [Page] England being Britannia major. Cosmographia.

At which time the Spaniard contented himself with the place next to the King of France. Garsius.

Precedency of England before Spain, in respect of the Nobility of Blood.

HEr Majesty in Lineal discent is deduced from Christian Princes for 800 years, by Ethelbert a Christian 596. and the Matches of her progenitors most Royal with France, Germany, Spain.

Subsequence of Spain.

For their Antiquity of discent as Kings of Spain is chiefly from the Earls of Castilia about 500 years since.vide T [...]rapha.

For they cannot warrant their discent, from Atalaricus the Goth, and as Dukes of Austria from the Earls of Hapsburgh only about 390 years since.

Their matches anciently for the most part with their subjects, and of late in their own blood.

Precedency of England, in respect of antiquity of Government.

HEr Majesty having raigned now most happily 42 years.

[Page] This we would not have alledged, but that the Spanish Ambassador at Basil, objected in this respect the minority of Henry the sixth.

Her sex herein nothing prejudicial, when as both divine and humane Laws do allow it, and accordingly Spain, England, and Hungary, insomuch, that Mary Queen of the last, was always stiled, Rex Mario Hungariae. Vide Tilius. Tilius.

Subsequence of Spain.

The King of Spain yet in the Infancy of his Kingdome.

For the Precedency may be alledged, viz.

The Antiquity of the Kingdom, when as Castile, Arragon, Navar and Portuguall, had their first Kings about 1025.Anno Christi 1025.

The ancient receiving of the Christian Faith, by Joseph of Aramathea, Simon Zelotes, Aristobulus, yea by St. Peter, and St. Paul, as Theodoretus, and Sophrinius do testifie.

The Kingdome is held of God alone, acknowledging no superiour, and in no vassalage to the Emperour or Pope, as Naples, Sicilia, Arragont, Sardinia, and Corsica, &c.

Sir Thomas Moore denyeth, that King John, either did, or could make England subject to the Pope, and that the Tribute was not paid (pag. 296.) but the Preter-pence, [Page] were paid to the Pope, by K. John, by way of Alms.

The absolute power of the King of England, which in other Kingdomes is much restrained.

England is accompted the fourth part of Christendome;1415. For in the Councel of Constance all Christianity was divided, in nationem, viz. Italicam, Germanicam, Gallicanam & Anglicanam, and accordingly gave voices.

England in the opinions of the Popes is preferred, because in it is conteined in the Ecclesiastical division, two large Provinces, which had their several Legatinati when as France had scantly one.

The Emperour is accompted major filius Papae, Ann [...] Christi. the King of France filius minor, the King of England, filius adoptivus.

The Archbishops of Canterbury, are accompted by the people, tanquam alterius orbis Papae, and anointed to have place in General Councels, at the Popes right foot.

The title of Defensor fidei, as honourably, and as justly bestowed upon the Kings of England, as Christianissimus upon the French; or Catholicus upon the Spaniard.

Edward the third, 1338. King of England, was created by the Emperour, Vicarius Perpetuus Imperii; cum jure vitae necisque in omnes Imperii; snbditos, and the Kings of England,1065. Papae Vicarii, by Pope Nicholas [Page] the second, vide COPGRAVE.

Innocentius the fourth, 1246. the Pope said, vere hortus deliciarum est Anglia, vere pateus inexhaustus ubi multa abundant, &c.

King Hen. 2.1185. elected King of Jerusalem by the Christians.

Richard the first conquered the Kingdome of Cyprus, 1191. and gave it unto Guy Lusigrian, whose posterity raigned there until of late years.

Kings of England are superiour Lords of the Kingdom of Scotland, and are absolute Kings of all the Kingdom of Ireland.

England is not subject to Imperial and Roman Laws, as other Kingdoms are, but retaineth her ancient Laws, and Pura municipialia.

King Henry the sixth was Crowned King of France at Paris.

The Kings of England did use the stile of a Soveraign, viz. Alti conantis Dei, Largiflua, Clementiae qui est Rex Regum & Dominus Dominorum.

Ego Edgarus anglorum [...] Omniumque Regum Insularumque Oceani Britanici Circumjacentium, cunctarumque Nationum quae infra cam includuntur, Imperator ac Dominus.

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A REMONSTRANCE OF THE TREATIES OF AMITY AND MARRIAGE Before time, and of late, of the House of AVSTRIA and SPAIN, with the Kings of England, to advance themselves to the Monarchy of Europe.

Written by Sir Robert Cotton, Knight and Baronet.

LONDON, Printed in the Year 1672.

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A REMONSTRANCE OF THE TREATIES OF AMITY AND MARRIAGE Before time, and of late of the House of AVSTRIA and SPAIN, &c.

Most Excellent Majesty,

WE your Lords Spiritual and Temporal and the Commons of your Realm Assembled in this your Parliament, having received out of your meer grace, your Royal command, to declare unto your Highness our advice and Counsel, for the further continuing, or final breaking of the two Treaties between your Majesty, the Emperor, and the Spanish King touching the rendition of the Palatinate, to the due and former obedience of your Illustrious Son the Prince Palatine; and that [Page] of Marriage, between the Lady Mary Infant of Spain, and the most excellent Prince your Son, now Prince of Wales; We conceive it not unfit to offer up to your admired wisdom and consideration these important Motives that induced our subsequent advice and resolution.

By contemplation whereof, we assume to our selves that your Majesty apparently seeing the infinite Calamity fallen of late unto the Christian world, by means of these disguised Treaties of Amity, and Marriage before time, frequently used with your progenitors, and now lately with your self by the House of Austria, and Spain; to advance themselves to the Monarchy of Europe, will graciously be pleased to accept our humble advice.

Maximilian the Emperor,1503. and Ferdinand of Spain uniting by marriage the possessions of the House of Austria, the Netherlands, Arragon, Castile, Sciciliae, and their new discoveries, to one succeeding heir, began (though a far off) to see a way whereby their Grandchild Charls, might become the Master of the Western world, and therefore each endeavoured by addition of Territories, to facilitate that their desired end.

France was the only obstacle, whose ambition and power then was no less [Page] than theirs; he lay in their way for Gelders, by siding with Duke Charls; for Navarre, by protecting Albert their King, for their peeces in Italy, by confederation with the State of Venice; and for Naples and Millain by pretence of his own. They were too weak to work out their way by force, and therefore used that other of craft.

Lewis is offered for his daughter Claude the Marriage of Charls their Grandchild, it is at Bloys accepted, and to them confirmed by oath: the claim of France to Naples by this released one hundred thousand Crowns yearly, by way of recognition only to France reserved, who is besides to have the investure of Millain for a sum of money, which the Cardinal D'amboyes, according to his Masters Covenant, saw discharged.

Ferdinand thus possessed of what he then desired, and Maximilian not meaning to strengthen France by addition of that Dutchy or repayment of the money, broke off that Treaty to which they were mutually sworn, affiancing Charls their Heir to Mary the Daughter of Henry the 7th; to whose son Arthur, 1056. Ferdinand had married Katharine his youngest daughter.

This double knot with England, made them more bold (as you see they did) to double with France: but he Prince [Page] of Wales his untimely death, and his fathers that shortly followed, enforced them to seek out, as they did, another tye, the Spirit and power of Lewis, and their provocations justly moving it: they make up a second Marriage for Katharine with Henry the eighth, Son of Henry the seventh;1510. and are enforced to make a Bull dated a day after the Popes death to dispence with it; and consummate per verba de praesenti, by Commissioners at Callis, the former Nuptuals of Charles and Mary, publishing a Book in print of the benefit that should accrew to the Christian world by that Alliance.

Henry the eighth left by his father young and rich, is put on by Ferdinand to begin his right to France by the way of Guyen; 1512. and to send his forces into Spain, as he did, under the Marquess Dorset, to joyn with his Father in Law for that design, by reputation whereof Albert of Navarre was enforced to quit that State to Spain; who intended as it proved, no further use of the English Army than to keep off the French King from assisting Albert, until he had possessed himself of that part of Navarre, which his successors ever since retain. For, that work ended, the English Forces were returned home in Winter, nothing having advanced their Masters service.

[Page] The next year to assure Henry the eighth,1513 grown diffident by the last carriage of Maximilian and Ferdinand, whose only meaning was to lie busying of the French King at home, to make an easie way abroad to their former ends, project to the English King an enterprise for France, to which they assured their assistance, by mutuall confederacy at Mecklin; for which Bernard de Mesa, and Lewis de Carror, for Castile and Arragon, and the Emperor in person gave oath, who undertook, as he did, to accompany Henry the eighth to Turwyn.

Ferdinand in the mean time dispatching the Vice-roy of Naples into Italy, to busie the French King and Venetian, that the English King with facility might pursue the conquest of France.

Henry the eighth had no sooner distressed the French King, but Ferdinand, respecting more his profit than his faith, closed with Lewis, who renounced the protection of Navarre and Gelders, so bee and Maximilian would forsake the tye they had made with Henry the eighth.

The Vice-Roy of Naples is instantly recalled from Bressa; a true with Spain and France concluded; Quintean sent to the Emperor to joyn in it; Don John de Manuel, 1514 and Diego de Castro imployed to work the Emperor, and Charles the Grandchild to exchange the marriage of [Page] Mary, Henry the eighths Sister, with Reve the second daughter of the French King: and Lewis himself to take Elanor their Neece to wife: and to clear all dispute about the conditions, a blanck is sent from Spain to the French King to over-write what he please.

Henry the eighth perceiving this close and foul play, entertaineth an overture made by the Duke de Longavil then prisoner in England, for a Marriage of Mary his Sister with the French King, which effected, the two subtile Princes failed of their ends.

Lewis dead,1515 and Francis succeeding, he made his first entrance a league with England, the recovery of Millane which he did, the protection of his neighbours, and reduction of the Swisses from the Imperial side, for which he imployed to them the bastard of Savoy.

Maximilian and Ferdinand seeing by this all their new purchases in danger, and that they had now no disguised marriage again to entertain the credulity of Henry the eighth, they work upon his youth and honour. The Emperor will needs to him resign his Emperial Crown; as wearied with the weight of Government and distraction of Europe, which needed a more active man then his old age, to defend the Liberty of Subjects, and Majesty of Princes from the Tyranny of France.

[Page] That he had made the way already for him with the Electors; that he would send the Cardinall Sedunensis, with ample commission into England to conclude the resignation, which was done. That at Aquisgrave he will meet Henry the eighth, and there give up his first Crown, from thence accompany him to Rome, where he should receive the last right of the Imperiall dignity, putting Verona into his protection, then assailed by the Venetians; and giving him the investiture of Millane in feodo, more Imperiali, then in possession of the French, to tye his aid the faster against these States.

Hereupon Henry the eighth concluded a defensive league with the Bishop of Mesa and Count Daciana, authorised Commissioners from the Emperor, Arragon, Castile, and sendeth his Secretary Master Pace with money, for Maximilian had already borrowed and broken to entertain the Swissers into pay and confederacy against France.

Charles the Grandchild must feign a difficulty to sway his League, untill the Emperor at Henry the eighths cost, was fetched from Germany to the Netherlands to work his Nephew to it, who in the interim had closely contracted a peace by the Grandfathers consent with France. No sooner had Maximilian received ten thousand Florins of the English King to bear his charge, but the [Page] Treaty of Noyon, was closely between him; Arragon and Castile concluded, whereby the ten thousand Crowns for recognition of Naples was passd from France to the Emperor, and Charles himself affianced to Loysia the French Kings daughter, and also darkly carried, that when Master Pace at Agno came down from the Emperor with his Signature of the confederacy, the French Kings Ambassador went up the back Stairs, with six thousand Florins, and the transaction of the Pension of Naples to Maximilian, and there received his confirmation of the Treaty at Novon; notwithstanding the same day the Emperor looking upon his George and Garter, wished to Wingfield, Henry the eighths Ambassador, that the thoughts of his heart were transparent to his Master.

So displeasing was this foul play to the Cardinall Sedunensis, the Emperors chief Counsellor, that he writ contra perfidiam Principum, against the falshood of his own Lord, a bitter Letter to the English King; who finding again how his youth and facility was overwrought by these two old and subtill Princes, his vast expences lost, his hopes of France lesned, and that of the Emperor vanished (for Maximilian is now conferring the Title of Rex Romanorum to one of his Nephues) concludeth,1518 by mediation of the Admiral of France, a peace with that King; [Page] a marriage for the Dolphin Francis with the Lady Mary, and the re-delivery of Tournay, for a large Summe of Money.

Not long after Maximilian dieth, leaving the Imperial Crown in Competition of France and Castile. Charles, whose desire was, as his Ancestors, to weave that vvreath for ever into the Austrian Family, began to fear the power of his corrivall, vvith vvhom the Pope then sided, and the English King stood assured by the late marriage of their two Children. To draw off the Pope he knew it vvas impossible, he vvas all French. To vvork in Henry the eighth, he found the inconstancy of his predecessors, and the new match to lie in the vvay. To clear the one, he is fain, in his Letters into England, 1519 to load his two Grandfathers vvith all the former aspertions, his years, and duty, then tying him more to obedience then truth: but that he vvas a man, and himself now; that mutuall danger vvould give assurance, vvhere otherwise single faith might be mistrusted; France vvas in it self, by addition of Britany, more potent than ever, this man had rejoyned to it some important pieces in Italy, and should his greatness grow larger up by accession of the Imperiall Crown, how easie vvere it to effect indeed what he had fashioned in Fancy, the Monarchy of Europe. As for the young [Page] Lady, who was like to lose her husband if Henry the eighth incline to this Counsell, and assist Castile in pursute of the Emperor; he was contented (for Loisia of France, espoused to him by the Treaty at Noyon, was now dead) to make up the loss of the Lady Mary by his own Marriage with her; a match fitter in years, for the Dolphin was an infant, as great in dignity; for he was a King, and might by the assistance of her father be greater in being Emperor.

Thus was Henry the eighth by fears and hopes turned about again,1519 and Pacy forthwith sent to the Electors with instructions & money, who so wrought that Charles was in July chosen Emperor: and that it was by the sole work of Henry the eighth, himself by Letters under his hand acknowledged. From Aquisgrave, he commeth Crowned the next year for England, 1522 weddeth at Winsor the Lady Mary; concludeth by league the invasion of France, and to divide it with Henry the eighth by the River of Rodon, making oath at the high Altar at Pauls for performance of both those Treaties.

Hereupon France is entred by the Eng [...]ish army, and Burbon wrought from his Allegiance by a disguised promise of this Emperor of Elianor his Sister for wife, to raise forces against his Master, which he did, but was paid by the English King.

[Page] The French King to carry the wars from his own doors,1524 maketh towards Milan; 1525 whereby Burbon and his forces were drawn out of Province to guard the Imperialls in Italy.

At Pavie they met,1526 and the French King was taken prisoner, and forthwith transported into Spain; where at Madrid the Emperor forced his consent to that Treaty, whereby he gained Burgundy, and many portions in the Netherlands; leaving Henry the eighth who had born the greatest charge of all that Warre, not only there unsaved, but calling a Parliament at Toledo, taketh by assignment of his States, Isabella of Portugall to wife, procuring from Pope Clement a Bull to absolve him of his former oaths and Marriage, working not long after by Ferdinandus his Chaplain, the Earl of Desmond to Rebell in Ireland, and James the fifth of Scotland, by promise of Marriage with his Neece the daughter of Denmarke; to whom he likewise sent Munition, and money, to busie Henry the eighth at home, that he might be the less able to requite these indignities he had so done him. And to shew that his ambition was more than his piety, he Ordered by instructions, first the Duke of Burbon, and after Hugo de Monsado to surprise Rome and the Pope; sending Angelo an observant Frier thither, whom he had assigned to [Page] the Papall Throne, intending to reduce the choise of the See from the Cardinals again, to the Empire, and there to set up a first Monarchy.

But his design by a needfull confederacy, as now of the Pope, French King, Princes of Italy and others, vvith Henry the eighth, vvho vvas made Caput faedoris, vvas to the safety of all Christian Princes, prevented happily, and he himself reforced at Cambray in the year one thousand five hundred twenty and nine, to re-deliver the French King,1529 and many pieces of that Crown he had vvrested avvay by the Treaty of Madrid, and to sit dovvn vvith moderate and fair conditions against his vvill.

His vvaking Ambition vvould not long let him rest, but again he plotteth to break the knot betvveen the French and English Kings.

To vvork this, he assureth, by contract, his assistance in furtherance of Henry the eighths Title to France; and to make the greater belief, offereth a marriage to the Lady Mary, so she might be declared again Legitimate.

Henry the eighth accordeth vvith him, and advanceth his Army into France, vvhere he had no sooner recovered Bulleyn, but the Emperor catching advantage on the French Kings necessities, falleth off from his former faith and promise, making up a peace perpetuall vvith [Page] France, 14 Septemb. 154 [...] vvhereby all claim from the Crovvn of Arragon, Naples, Flanders, Arras, Gelders, and other parts vvas released, and mutuall confederation for restitution of the Catholick Religion concluded betvvixt them both.

Edward the sixth succeeding his Father forbears all Treaties vvith Spain, but those of intercourse, persisting as formerly in union vvith the Princes of Germany, and his other Allies, preventing those expences and dangers, vvhich his Fathers belief and confidence of Spain had tasted of before.

His Sister and Successor Mary, 1558 entertaining that fatall Amity vvith the Emperour and his sonne, by Marriage, embarqued her Estate in a dangerous vvarre, vvhereby the Realm vvas much impoverished, and Callice lost.

Her Sister of happy memory succeeding made up that breach, by that three-fold Treaty at Cambray, 1558. Where King Philip as bound in honour, stood bound for aid in Recovery of Calice; But his ovvn ends by that Convocation served, he left her after to vvork out her safety her self alone; yet fearing that a Union of France and your Realms, in the person of your most vertuous Mother, then married into France, he under a seigned pretence of Marriage, vvrought, by Caraffa▪ [Page] and his Faction of other Cardinalls, a stay of the Popes Declaration against the Queen of England, more his own fears, than his love procuring it.

Yet the Princely disposition of this Noble Lady, taking those pretences for reall favours, was not wanting both with her Counsell and Purse; for she imployed many of her ablest Ministers to mediate, and disbursed upon the assurance of Brabant, and the good Towns of Flanders whose bonds are yet extant,1578▪ for reduction of those Provinces to his obedience, one hundred and fifty thousand pounds.150000 li.

But when she found his aim to be the violating of their ancient liberties, and in it saw her own danger involved; her Counsell advised her, not to leave the assistance of those People, France, and those other Princes that lay as her self in danger, to be swallowed up in his ambitious ends, who, when he intended the Conquest of her Estate, to blind her with security, presented by Carlo Lanfranco, 1587 and the Prince of Parma, a Proposition of Peace; graced with as many Arguments of honest meaning, as his Progenitors had used to her Father, which she accepted, but not without a prudent suspition. For when the Treaty was in height, the brought his invincible Navy to invade the Realm, the success whereof was answerable to his Faith and Honor, She left not that injury without Revenge, [Page] but forced him in his after Raign, to that extremity, that he was driven to break all faith with those Princes that trusted him;1597 25000 Mill. of Crowns. and paid for one years Interest, about twenty five thousand Millions of Crowns.

So lovv and desperate in Fortunes your Highness found him,King James, 1603 when to all our comforts you took this Crown; Then from the abundant goodness of your peaceable Nature, you were pleased to begin your happy Raign with general quiet,16 [...] and with Spain the first, which should have wrought in noble Natures a more gratefull Recompence than after followed:1606▪ For long it was not before Tyrone was heartned to rebell against your Highness, and flying, had pension at Rome, paid him from the Spanish Agent. His son Odonell Tirconell, and others your chiefest Rebells,1612 retained ever since in Grace and Pay with the Arch-dutchess, at Spains devotion.

As soon as your eldest Son of holy memory now with God, was fit for marriage, they began these old disguises, by which before they had thriven so well, &c.

§

§

§

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Twenty Four ARGUMENTS, Whether it be more expedient to suppress POPISH PRACTISES Against the due ALLEGEANCE OF HIS MAJESTY.

By the Strict Executions touching Jesuits and Seminary Priests? OR, To restrain them to Close Prisons, during life, if no Reformation follow?

Written by Sir Robert Cotton, Knight and Baronet.

LONDON, Printed in the Year 1672.

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Twenty four ARGUMENTS Whether it be more expedient to suppress POPISH PRACTISES Against the due ALLEGEANCE To His MAJESTY.
By the Strict Execution touching Jesuits, and Seminary Priests, &c.

I Am not ignorant, that this latter age hath brought forth a swarm of busie heads, which measure the great Mysteries of State, by the rule of their self-conceited wisdomes; but if they would consider, that the Commonwealth, governed by grave Counsellors, is like unto a Ship directed [Page] by a skilfull Pilot, vvhom the necessities of occasions, and grounds of reason, vvhy he steereth to this, or that point of the Compass, are better knovvn, then to those that stand a loof off, they vvould perhaps be more sparing, if not more vvary in their resolutions; For my ovvn particular I must confess, that I am naturally too much inclined to his opinion, vvho once said, Qui bene latuit, bene vixit, and freshly calling to mind the saying of Functius to his Friend, at the hour of his untimely death, Disce meo exemplo mandato munere fungi: Et fuge seu pestem—

I could easily forbeare to make my hand-vvriting the Record of my opinion, vvhich nevertheless I protest to maintain rather deliberatively, than by the vvay of a conclusive assertion; therefore vvithout vvasting precious time any longer vvith needless Prologues, I vvill briefly set dovvn the question in the terms follovving, viz.

Wh [...]ther it be more expedient to suppres Popish Practises, against the due Allegiance to his Majesty, by the strict Execution touching Jesuit [...] and Seminary Priests: Or to restrain them to close Prisons, during life, if no Reformation follow.

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In favour of the first Division.

I.

There are not few,Mercy forerunning the rapine of a milefactor, is an ill Guardian of a Princes Person. who grounding themselves on an Antient Proverb, A dead man bites not, affirm, that such are dangerous to be preserved alive, who being guilty, condemned, and full of fear, are likely for purchase of Life and Liberty, to inlarge their uttermost in desperate adventures, against their King and Countrey.

II.

No less is it to be feared,A hard hand, suddenly remitted, is seldom by the rude people interpreted [...] the best sense. that while the sword of Justice is remiss, in cutting off heinous offendors against the Dignity of the Crown, the mis-led Papall multitude, in the interim, may enter into a jealous suspence, Whether that forbearance proceed from fear of exasperating their desperate humours, or that it is now become questionable, Whether the execution of their Priests, be simply for matter of State, or pretended quarrel for Religon.

III.

And whereas in a remediless inconvenience,There is no hope of Reformation where there is no Confession of the fault. it is lawful to use the extremity of Laws against some few, that many by the terrour of the example, may be reformed; what hope can there be that Clemency may tame their hearts, who [Page] interpret His Majesties grace in transporting their Priests out of His Realm, to be a meer shift to rid the Prisons of those whom Conscience could not condemn of any capital crime.

IV.

Neither are their vaunting whisperings to be neglected,While Justice sleeps, the time serves to sow news, and raise Factions. by which they seek to confirm the fearful souls of their party, and to inveigle the ignorant, doubtful or discontented persons: for if the glorious extolling of their powerful friends, and the expectance of a golden day, be suffered to win credit with the meaner fort, the relapse cannot be small, or the means easie to reform the error, without a general combustion of the State.

V.

Let experience speak somewhat in this behalf,Fearful spirits, by sufferance, grow insolent and cruel. which hath evidently descryed, within the Current of few years, that the forbearance of severity, hath multiplied their Roll in such manner, that it remains as a Corrosive to thousands of his Majesties well-affected Subjects.

VI.

To what purpose serves it to muster the names of the Protestants,Vnion in a prepared conspiracy prevails more than number. or to vaunt them to be ten for one of the Roman Faction? as if bare figures of numeration could prevail against an united party, resolved, and advised before hand, how to turn their faces with assurance, unto [Page] all dangers, while in the mean time, the Protestants neastling in vain security, suffer the weed to grow up that threatneth their hane and merciless ruine.

VII.

Sometime the Oath of Supremacy choaked their presumptuous imaginations;It is hard to perswade those who by reason of their dependency on the Pope, are [...]carce masters of their own Souls. and yet could not that infernal smoke be smothered, nor the Locusts issuing thereout be wholly cleansed from the face of this Land. Now that the temporal power of the King, conteined in the Oath of Allegiance, is by the Papall See, and many of the Adorers thereof, impudently avowed to be unlawful; shall the broachers of such Doctrine be suffered to live, yea and to live and be relieved of us, for whose destruction they groan daily?

VIII.

To be a right Popish-Priest,Malis benefacere, tantu [...] dem est ac bonis inal [...] facere. in true English sense, is to bear the Character of a disloyal Renegado of his natural obedience to his Soveraign, whom if by connivency he shall let slip, or chastise with a light hand, what immunity may not traiterous Delinquents in lesser degrees expect, or challenge, after a sort, in equity and justice?

IX.

If there were no Receivers,Fellowship i [...] misery easeth grief, and by the clamor of a multitude, Justice is many times condemned. there would be no Theeves: Likewise if there were no harbourers of the Jesuits, it is to be presumed, that they would not [Page] trouble this Isle with their presence, therefore rigor must be extended against the Receiver, that the Jesuits may be kept out of dores; were it then indifferent justice, to hang up the Accessary, and let the Principal go free, namely to suffer the Priest to draw his breath at length, whiles the Entertainer of him under his Roof submits his body to the Executioners hands? without doubt if it be fit to forbear the chief, it will be necessary to receive the second offender in, to protection, wherewith a mischief must ensue of continual expence, and scandalous restraint of so great a number.

X.

Reputation is one of the principal Arteries of the Common-wealth, which Maxime, is so well known to the Secretaries of the Papacy, that by private Forgeries, and publique impressions of Calumniations, they endeavour to wound us in that vital part; howsoever therefore some few of that stamp, being better tempered then their fellows in defence of this present Government, have not spared to affirm that Tyranny is unjustly ascribed thereunto, for so much as freedome of Conscience after a sort may be redeemed for money, notwithstanding there want not many Pamphleters of their side,It is not good to set price on that which being sold will bring repentance to the seller. who approbriously cast in our teeths, the converting of the penalty inflicted on Recusants,and refusers of the [Page] Oath of Allegiance, from the Kings Exchequor, to a particular Purse, sure we cannot presume, that those Libellers may be diswaded from spitting out their venome maliciously against us,Wariness is to be used with those, Quines totam servitutem pati possunt, nec totam Libertatem. when they shall see their Priests mewed up without further process of Law, for either they will attribute this calm dealing to the justice of their cause, the strength of their party, or patience; or that tract of time hath discovered out Laws, importing over much sharpness in good pollicy to be thought fitter for abrogation, by Non-usance, than repealed by a publique decree.

XI.

Moreover it is fore-thought,Most men write good Turns in Sand, and the bad in Marble. by some, tht if these Seminaries be only restrained, they may prove hereafter like a Snake kept in the bosome, such as Bonner, Gardiner, and others of the same Livery shewed themselves to be, after Liberty obtained in Queen Maries time, and if the loss of those Ghostly fathers aggrieve them, it is probable, that they will take arms sooner, and with more courage, to free the living, then to set up a Trophy to the dead.

XII.

Howsoever,Fugitives that crave succour use to lie much in favour of their cause and power. the Jesuits band is known in their native soyl, to be defective in many respects, which makes them underlings to the Protestants, as in Authority, Arms, and the protection of the Laws, [Page] which is all in all;Relation de Botero. It is a sig [...] when a Faction dares number their side, that there is an opinion conceived of sufficient strength, to attempt some Innovation. In a Common-wealth there ought to be one head, for which cause a Prince must be vigilant, when divers factions arise that by favouring one, and neglecting the other, instead of a head of all he become only a member of one Party. Nevertheless they insinuate themselves to forraign Princes, favouring their party, with promises of strong assistance at home, if they may be well backed from abroad; To which purpose they have divided the inhabitants of this realm into four sects, whereof ranking their troupes in the first place (as due to the pretended Catholiques) they assumed a full fourth part to their property, and of that part again they made a subdivision into two portions, namely, of those that openly renounced the estabilished Church of England, and others, whose certain number could not be assigned, because they frequented our srevice, our sacraments, reserving their hearts to the Lord God the Pope: The second party they alot to the Protestants, who retain yet (as they say) some reliques of their Church: The third rank and largest was left unto the Puritans, whom they hate deadly, in respect they will hold no indifferent quarter with Papistry: The fourth and last maniple they assign to the politicians, huomoni (say they) senza dio, & senza anima, men without fear of God, or regard of their Souls, who busying themselves only in matter of State,Discontented minds in beginning of Tumults will agree, though their ends [...]r divers. retain no sense of Religion. Without doubt, if the Authors of this partition have cast their accompt aright, we must confess that the latter brood is to be ascribed properly unto [Page] them;A multitude is never united in grose, but in some few heads which being taken away, converteth their fury against the first movers of the Sedition. for if the undermyning of the Parliament house, the scandalizing of the King in print, who is Gods anointed, and the refusal of natural obedience, be marks of those, that neither stand in awe of God or conscience, well may the Papists boast, that they are assured of the first number, and may presume likewise of the last friendship, when occasion shall be offered; for the preventing of which combination,Certain Germans in Henry the seconds time calling themselves Publicans were marked with a hot Iron in the foreheads and whipped, being thrust out in the Winter, with a Prohibition that none should receive them into their houses, they dyed of hunger and cold. it is a sure way, to cut off the heads that should tie the knot, or at least to brand them with a mark in the forehead before they be dismissed, or (after the opinion of others) to make them unwelcome to the feminine sex, which now with great fervency imbraceth them.

These are for the most part Arguments vented in ordinary Discourse, by many who suppose a Priests breath to be contagious in our English air.

Others there are, who maintain the second part of the Question, with reasons not unworthy of observance.

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In favour of the second Division.

I.

DEath is the end of temporal woes;Rooted suspition, being violently handled, groweth more wary, but not less obstinate. but it may in no wise be accounted the Grave of memory; therefore howsoever it is in the power of Justice to suppress the Person of a man, the opinion for which he suffered (conceived truly, or untruly in the hearts of a multitude) is not subject to the edge of any sword, how sharp or keen soever. I confess that the teeth are soon blunted that bite only out of the malice of a singular faction, but where Poyson is diffused through the Veins of a Common-wealth, with inermixture of bloud good and bad; separation is to be made rather by patient evacuation, than by present incision; the greatest biter of a State is Envy, joyned with the thirst of Revenge,If conspirators have one sympathy of mind, the conspiracy is never wholly suppressed, so long as one of them remaineth. which seldome declares it self in plain colours, until a jealousie conceived of personal dangers, breaketh out into desperate resolutions; hence comes it to pass, that when one male-contented member is grieved the rest of the body [Page] is sensible thereof, neither can a Priest or Jesuit be cut off, without a general murmur of their Secretaries, which being confident in their number, secretly Arm for opposition, or confirmed with their Martyrs Bloud (as they are perswaded) resolve by patience and sufferance to glorifie their cause, and merit Heaven. Do we not daily see, that it is easier to confront a private enemy, than a Society or Corporation?Opinion setled in a multitude, is like Hydraes heads, which must be cured with scarring and not by le [...] ting bloud. and that the hatred of a State is more immortal, than the Spleen of a Monarchy, therefore except it be demonstrated, that the whole Roman City, which consists not of one brood, may be cut off at the first stroke as one entire head, I see no cause to think our State secured, by setting on the skirts of some few Seminaries, leaving in the mean time a multitude of Snarlers abroad, who already shew their Teeth, and only wait opportunity to bite fiercely. I will not deny, that, what we fear, we commonly hate, provided alwayes, that no merit hath interceded a reconciliation; for there is great difference between hatred conceived against him that will take away the life,Clemency is a Divine instinct, and worketh supernal effects. and him that may justly do it, and yet in clemency forbears to put it in effect; for the latter breedeth reverend aw, whereas the former subjecteth to servile fear, alwayes accompanied with [Page] desire of innovations, and although it hath been affirmed of the Church of Rome, Gorticii Axiomata Politica. Quod Pontificium genus semper crudele, nevertheless out of Charity let us hope, that all devils are not so black as they are painted, some, or perhaps many of them there are, whom conscience, or in default thereof, pure shame of the world will constrain to confess that his Majesty most graciously distinguisheth the Theory of Popery;Tacitus in vita Agricol. from the Active part thereof, as being naturally inclined, Parvis peccatis veniam, magnis Severitatem commodare, nec poena semper, sed saepius poenitentia contentus esse.

II.

Mistaking of punishments Legally inflicted, commonly proceeds from fond pitty, or the interest which we have in the same cause; both which beget blind partiality; admit then, that the Papall side,When Traitors in evils will not choose the least, it is an argument that they are desperate, and breath nothing but extremity of mischief. affecting merit by compassion, may be nearly touched with the restraint of their Seminaries, it cannot be denyed I hope, except they had the hearts of Tygers, that in humanity they will prefer their ease of durance, before the rigor of death; and albeit that Parsons, Bellarmin, and the Pope himself, constrain their spiritual Children, to thrust their fingers into the fire, by refusing the Oath of Allegiance, notwithstanding we have many testimonies in judicial Courts, and printed Books, [Page] that the greater part of them are of that Theban hunters mind, who would rather have seen his Dogs cruel acts, then have felt them to his own cost.

Garnett himself also in one of his secret Letters,It was a precept of Machivells, to put on the mask of Religion. that after his death he should not be inrolled amongst the Martyrs, because that no matter of Religion was objected against him; yet it plainly appeared in his demeanour, that he would gladly have survived the possibility of that glory, if any such hopes had remained. Neither is it to be presumed, that being in Prison, he would ever have conceived that we durst not touch his Reverence,So it pleased Parsons to cavil, of whom it might be truly spoken, Malus malum pejorem esse vult, & sui similem. or that the Law was remiss which had justly condemned him, and left his life to the Kings mercy. It was the distance of the place and not Parsons that interpreted the sending over-seas of the Priests to be a greater argument of their innocency, than of his Majesties forbearance; For had Father Parsons himself been Coram nobis, his Song would rather have been of mercy then justice. It is truly said, that we are all instructed better by examples then precepts, therefore if the Laws printed, and Indictments recorded, cannot controul the Calumniations of those that wilfully will mistake Treason, for Religion: By the execution of two or three of that back-biting number, I [Page] doubt not but the question may readily be decided.

—Namque immedicabile vulnus, Ense recidendum est, Ne pars sincera trahatur.

III.

To dally with pragmatical Papists, especially with those that by their example and Counsel pvevert his Majesties Subjects,To bestow benefits on the b [...]d, maketh them worse and vilifieth the reward of the vertuous. I hold it a point of meer injustice; For, what comfort may the good expect, when the bad are by connivency free to speak, and imboldened to put their disloyal thoughts into execution? For explaning therefore of my meaning, it is necessary to have a regard unto the nature of the Kings Liege-People, that are to be reformed by example of justice, and others, Forraigners, who will we, nill we, must be censurers of our actions; It hath been truly observed that the Nations of Europe, which are most remote from Rome, are more superstitiously inclined to the dregs of that place, then the nearer neighbours of Italy, whether that humour proceeds from the Complexion of the Northern Bodies, which is naturally more retentive of old Customes, than hotter Regions; or that the vices of the City, seated on seven Hills, are [Page] by crafty Ministers of that See, concealed from the vulgar sort, I list not now to discuss; but most certain it is, that the people of this Isle exceed the Romans in zeal of their profession; In so much that in Rome it self, I have heard the English Fugitives taxed by the name of Pichia pelli Inglesi, Knock-brests, id est, Hypocrits; now as our Countrey-men take surer holdfast of Papall traditions, then others; so are they naturally better fortified with a Courage to endure Death for the maintenance of that cause; for this Clymate is of that temperature out of which Vegetius holdeth it fittest to chuse a valiant souldier, where the Heart finding it self provided with plenty of bloud to sustain suddain defects,Valour is often overcome by weakness, but being too much prized it turneth to unbridled furies. Is not so soon apprehensive of death or dangers, as where the storehouse of bloud being small, every hazzard maketh pale cheeks and trembling hands: Angli (say Ancient writers) bello intrepidi, nec mortis sensu deterrentur; And thereunto Botero the Italian beareth witness in his Relations; Many strangers therefore coming out of Forraign parts among the rarities of England desire to see whether Report hath not been too lavish, in affirming that our condemned Persons yield their Bodies to Death with cheerfullnesse, and [Page] were it not that by daily experience we can call our selves to witness of this truth,The best Laws are made out of those good Customes, whereunto the people is naturally inclined. I could produce the Reverend Judge Fortescue, who in commendation of our English Laws, made suitable (as he well observeth) to the imbred Conditions of the imhabitants of this soil, avoweth, that the English people in tryal for Criminal causes,Vse to see men dye with resolution, taketh away the fear of death, for which purpose the Romans used the fights of their Gladiators. are not compelled by tortures to confess as in other Nations it is used, for as much as the quality of the English is known to be less fearful of death than of torments, for which cause if the torments of the Civil Law were offered to an innocent person in England, he would rather yield himself guilty, and suffer death, then endure the horror of lingring pains. Insulani plerunque Fures (saith one) and so true it is, that this Countrey [...] stained with that imputation, notwithstanding that many are put to death, to the end that others by their fall, might learn in time to beware; If then it do appear that terrour prevails not,The Hereticks called Publicans when they were whipped they took their punishment gladly, their Captain Gerrard going before them and singing, Blessed are you when men do hate you. Andromache [...]. Si vis vitam minitare. Seneca [...]rag. to keep men from offences which are condemned by Law, and Conscience, what assurance can there be to scare those, who are constantly satisfied in [Page] their minds, that their sufferings are either expresly, or by implicitation for matter of Religion and health of their Souls; in such case to threaten death to English-men, Quibus nihil interest humine sublimi ne putrescant, is a matter of small consequence, Purpuratis Gallis, Italis, aut Hispanis, ista minitare, to a setled resolution it boots not to shew the dreadful visor of death; Menaces to prolong a wearisome life, prevail much more in such cases. Rightly did Clement the eighth consider,Worldly des [...]res, may be quenched with godly meditations, our beavenly hopes cannot be abated by earthly punishments. that by burning two English-men in Rome for supposed Heresie, he rather impaired his Cause than better'd it, insomuch that many present at the resolute death of Mr. Marsh, who was brought to dust in Campo di Sancta Fiore, spared not to proclaim himself a Martyr, carried away of his ashes for a Relique, and wished their souls in the same place with his; which news brought to the Popes ear, caused him (as it was bruited about Rome) solemnly to protest, that none of the English Nation should publiquely from that time be consumed with fire: on the other side if we read the Volumes written in praise of their Priests Constancy, the Martyrology or Callender of Martyrs, and path way of Salvation as it were, chalked out unto the Papists, by sacrifizing [Page] their lives for the Pope,It is a point of wisdome to maintain the truth with as little disputation as may be, least a good cause be marred with ill handling. we shall find that by taking away of one we have confirmed and united many, whereof I could give particular instance, if I thought any scruple were made in that point. As for forraign parts which hold with the Papall Supremacy, it is clear that they will be severe, and partial judges in this cause; for albeit that here in England, It is well known to all true and loyal Subjects,Truth seldome prevaileth with the partiality of the people, which being ignorant is carried away with the outward semblance of things. that for matter of Roman doctrine, no mans life is directly called into question? but that their disobedience in reason of State is the motive of their persecution; Nevertheless where a great Canker of Christendome is rooted in a contrary opinion, and things in this world are for the most part esteemed by outward appearance, this Land cannot escape malicious scandalls, neither shall there be want of Colleges to supply their Faction with Seminaries;It is hard to make a rule so general, against which difference of Circumstance may not except. Therefore again and again, I say, that if the state of the question were so set, that it were possible by a general execution of the Priests, and their adherents, to end the controversie, I could in some sort with better will, subscribe thereunto; But seeing I find little hope in that course, I hold it safer to be ambitious of the victory, which is purchased with less loss of bloud; and to proceed as Tully [Page] teacheth his Orator, vvho vvhen he cannot vvholly overthrow his Adversary, yet ought he to do it in some part, and with all endeavour to confirm his own party in the best manner that may be.

IV.

He that forbeareth to sow his ground in expectance of a good Winde or favorable Moon, commonly hath a poor crop and purse; so shall it fare with this State; if private whisparings of discontented persons, that never learn't to speak well, be too nicely regarded,He that is culumniated by many, is in danger, first to be suspected by his friends, and shortly to be condemned if the slandes continue. yet ought they not to be sleightly set at nought, lest our credit grow light, even in the ballance of our dearest friends. The Papisticall Libellers inform against us, as if we were desirous to grow fat with sucking of their bloud, the very walls of their Seminary Colledge at Rome are bedawbed vvith their lying Phansies, and in every corner the Corner-creepers leave some badge of their malicious spleen against us, crying out of Cruelty and Persecution; but if the penalty of death be changed into a simple indurance of prison, what moat in our eyes can they finde to pull out? or vvith vvhat Rhetorick can they defend their obstinate malapartness,That Counsel takes best effect that is fitted to the nature of times and persons. which with repaying us ill for good, deserve to have coals of indignation poured upon their heads? Visne muliebre Consilium? [Page] said Livia to Augustus; Let severity sleep a while, and try what alteration the pardoning of Cinna may procure; The Emperour hearkned to her Counsell, and thereby found his Enemies mouthes stopped, and the fury of their malice abated. Some there are perchance that will term this Clemency innovation; and vouch the President of that City, which permitteth none to propound new Laws, that had not a cord about their necks ready for vengeance,Those Changes of States are safely made, which reserving most of the Ancient form, betters it and reduces the defects into order. if it were found unprofitable; but let such Stoicks know, that there is great difference between the penning of a Law, and advice giving for the manner of executing it; neither (by their leaves) are all innovations to be rejected, for divine Plato teacheth us, that in all Common-wealths upon just grounds, there ought to be some changes, and that States men therein must behave themselves like skilfull musicians, Qui artem musices non mutant, sed musices modum.

V.

That an evil weed groweth fast,The Church is most zealous, when Persecution is fresh in memory; when those times are forgotten, we gr [...]w to loath that which we enjoy freely. by the example of the new Catholique increase, is clearly convinced; but he that will ascribe this generation simply to his Majesties heroicall vertue of Clemency, argueth out of fallacy, which is called Ignoratio Elenchi; was not the zeal of many cooled towards the last end of [Page] Queen Elizabeths Raign? hath not the impertinent heat of some of our own side bereft us of part of our strength, and the Papacy with tract of time gotten a hard skin on their Consciences?

Parva metus primo, mox sese attollit in altum?

But if we will with a better insight behold how this great quantity of spaun is multiplied, we must especially ascribe the cause thereof to their Priests, who by their deaths prepare and assure more to their sect, than by their lives they could ever perswade; It were incivility to distrust a Friend, or one that hath the shew of an honest man, if he will frankly give his word, or confirm it with an Oath, but when a Protestation is made upon the last gasp of life, it is of great effect to those that cannot gainesay it upon their owne knowledge.

The number of Priests which now adayes come to make a Tragicall conclusion is not great;In this case the [...]uestion is not so much of the truth of it, as who shall be Judge, and what Censure will be given. yet as with one Seal many Patents are sealed; so, with the loss of few lives numbers of wavering spirits may be gained, Sanguis Martyrum, Semen Ecclesieae; And though those Priests having a disadvantagious cause, are in very deed but counterfeit shadowes of Martyrs unto a true understanding, yet will they be reputed [Page] for such, by those that lay their Souls in pawn unto their Doctrine, with whom if we list to contend by multitude of voices, vve shall be cried down vvithout all peradventure, for the gate of their Church is vvide, and many there are that enter thereinto.

VI.

By divers means it is possible to come to one and the self same end; seeing then that the summe of our vvell-vvishing is all one, namely that Popish Priests may have no power to do harm, it is not impertinent to try sundry paths,In the first 11 years of Q. Eliz. it was rasier to subdue Popery, than now, for then they feared to irritate the State, not knowing how farre severity might extend, now knowing the worst, they are resolved Agere & [...]ati [...]ortia. vvhich may lead us to the perfecting of our desires. Politicians distinguish inter rempublicam constitutam & rempublicam constituendam, according to the severall natures vvhereof Statists art to dispose of their Counsells and Ordinances; vvere now the Rhemists and Romulists new hatched out of the shell, the former course of severity might soon bury their opinions with their persons, but since the disease is inveterate, variety of medicines is judicially to be applyed. The Romans did not punish all crimes of one and the selfsame nature vvith extremity of death; for some they condemned to perpetuall prison; and others they banished into an Island or some remote Countrey; even in the case of Religion they vvere very tender to dip their fingers in [Page] bloud; for vvhen Cato vvas Consull, (and it seemed good unto the Senate to suppress with violence the disordered Ceremony of the Bacchanalls, brought by a strange Priest into the City) he vvithstood that sentence, alledging that there vvas nothing so apt to deceive men as Religion, vvhich alwayes pretends a shew of divinity: and for that cause, it behoved to be very vvary in chastising the professors thereof, lest any indignation should enter into the peoples minds,Vulgu [...] est morosum animal, quod facilius duci, quam cogi potest. that some-what vvas derogated from the Majesty of God. Others (more freely) have not spared to place Relgion, (I mean that Religion vvhich is ignorantly zealous) amongst the kinds of Frenzie, vvhich is not to be cured otherwise than by time given to divert, or qualifie the fury of the conceipt, ‘Tantum Religio potuit suadere malorum.’

VII.

Howsoever in valuing the power of a City or strength of arguments,Many P [...]rtizans encourage the faint [...]hearted, and when an one my cannot prevail against number, his thoughts are not how to offend, but how to make a safe retreat. quality and vvorth is to be preferred before number; nevertheless vvhere the uttermost of our force is not known, it imports much to have it conceived; That the multitude stands for us, for doubts and suspicions cast in an enemies vvay evermore makes things seem greater, and more difficult than they are indeed; vve have by Gods mercy [Page] the Sword of justice drawn in our behalf, which upon short warning is able to disunite the secret underminers of our quiet; we have a King zealous for the house of the Lord,More Priests may be shut up in a year than they can make in many. who needeth not to feare less success in shutting up of Priests, than our late Queen had, in restraining them in Wisbich Castle, where lest their factious Spirits should grow rusty, they converted their Cancer to fret upon themselves, and vomitting out Gall in Quod-libets, shewed that their disease was chiefly predominant in the spleen; what tempests they have raised in their College at Rome, De [...]s [...]re of in [...]ovation is [...]sh and con [...]entions▪ and therefore can hardly agree of a head. their own books, and many travellers can witness; the storm whereof was such, that Sixtus Quintus complained seriously of the vexation which he received oftner from the English Scholars, then all the Vassals of the Triple Crown; and untruly is the Magistrate noted of negligence or overmuch security, that layeth wait to catch the Foxes, and the little Foxes which spoyl the Vineyard,T [...]ce is alwayes to be wished Provided that under the canker thereof, there be not a mischief entertained worse than War if self. though afterwards without further punishment he reserve them to the day wherein God will take accompt of their Stewardship; for if Aristotles City, defined to be a society of men assembled to live well, be the same which in our Law, hath reference to the maintaining of the people in Peace, so long as we taste of the [Page] sweet of a peaceable Government we cannot say but that we live well, and that the City consisting of men and not of walls is happily guided.

VIII.

An Oath is a weak bond to contain him that will for pretended conscience sake hold not faith with heretiques,An oath is of force, so long as it is thought lawfull, when that opinion is crazed, it doth more hurt then good. or by absolution from a Priest thinketh himself at liberty to fly from any promise or protestation whatsoever; therefore when I remember that Watson the Priest, notwithstanding his invectives against the Jesuits, gained liberty to forge his traiterous inventions, and had others of his society in the complot, I judge if safer to make recluses of them, than to suffer such to dally with us by books, and some idle intelligences cast abroad onely as a mist to bleare our eyes. But how shall we finde the meanes to apprehend those disguised Romanists that borrow the shape of Captaines, Merchants, Gentlemen, Citizens, and all sorts of people, and by equivocation may deny themselves to be themselves? In answer to this question, I will first shew the reason why they are not pursued and taken, and hereafter make an overture how they may be bolted out of their hutches; the nature of Man howsoever in hot bloud, it be thirsty of revenge, in a cold temper it hath a kind of Nausea as I may call it, or a distaste [Page] of taking away the lives,One man in another beholdeth the Image of himself, and there by groweth compassionate and sen [...]ible of that which may fall to himself. even of the Nocent, insomuch that in all Sises and Sessions, an offender can hardly be condemned, whom the foolish pitty of man will not after a sort excuse, with laying some imputation on the Judge, part on the Jury, and much on the Accuser; and such is their blind affection, that the prisoner who perhaps was never recommended for handsomeness, will be esteemed of them, for one of the properest men in the company; from hence it comes that the name of Serjeant, or Pursevant is odious, and the executioner, although he be the hand of justice, is esteemed no better than an enemy of mankind, and one that lost honesty and humanity in his cradle; Reverend Master Fox was wont to say, that spies and accusers were necessary members in a Common-wealth, and deserved to be cherished, but for his own part he would not be any of that number, or wish his friends to affect such imployments; and albeit that the Law permits,What men do unwillingly is never done effectually. and commands every man to apprehend a felon, do we not see commonly very many content to stand by and look on while others performe that office? likewise it is evident, that if such as are tender of their reputations, be very scrupulous personally to arrest men, for civill actions of debt, they will be more unwilling instruments of [Page] drawing their bodies to the Rack or the Gallowes, especially when there is any colour of Religion to be pretended in their defence; the diversity of mens faces is great, but the difference of their minds in this case is more variable, wherein the meanest have thought as free as the highest; besides this, there are too many of the blind commonalty altogether Popish, though indeed they make honourable amends for their treason; verily I know not what misguiding of the mind it is, that maketh men forecast the possibility of alteration in matters of Relgion,When many tumultuous persons assault, there will be a fray. and for that respect they are exceeding backward in discovery, and laying hands on Seminaries, yea and are timorous in enacting sharp Lawes against them, as those that silently say amongst themselves,

Sors hodierna mihi, cras erit illa tibi.

S [...]me also survive? Who, remember that in Queen Maries time, the Protestants alledged a Text, that the tares should not be plucked up before harvest, nay shall I speak a buggs word, there is no small number that stand doubtfull whether it be a gratefull work to cross Popery, or that it may be done safely without a foul aspersion of Puritanism, or a shrewd turn of their labours, at some time or other, by which unhappy ambiguity it comes to pass, that these Animalia Amphibia (the Priests I mean) [Page] that prey on the Souls and bodies of either sex,Vertue neither praised nor rewarded waxeth cold. unatached, revell where they list, though they be more seen than a man dancing in a Net; how much fitter were it for us couragiously to invite them to our party, by preaching or confuting them by writing, and unto the State wherein we stand, wisely to apply the saying of the Assirian King to his Souldiers, You are fools (quoth he) if there be any hope in your hearts to redress sorrow by flight, or rather indeavour to make them fly that are the causers of your grief, assuring your selves, that more perish in flight, then in the Battail, even as many seeking to meet the Papists half way discomfort our own party.

IX.

It followeth now (according to the Method prescribed) that an overture be made to get the Jesuits and their shadowes the Priests,An ill name given to a good thing discourageth men from medling with it. into possession; it hath been heretofore recited, that the unwelcome name of a bloud-sucker, a busie-body, or a Puritane, hath been shrewd Scar-crowes unto many honest minds; by abrogating therefore of those or such like imputations many will be stirred up to undertake the apprehending of the adversaries unto the truth, especially when for their pains and time imployed, they shall deserve and have the title of good Patriots, dutifull [Page] Subjects,Wise men do forecast how to do most with least noise. and zealous Christians; how ready is every common person to carry a malefactor to the stocks, rather then unto the Gaole or execution? and doubtless they will be no less forward to attach a Priest, when they are assured that the worst of his punishment shall be a simple restraint within the walls of an old Castle. A certain kind of people there is, with whom money playes a more forcible Orators part, then any perswasion of the dutifull service which they owe to the Commonwealth, these men will not be negligent to give intelligence, and also to procure it faithfully; Provided that reward may help to line their threadbare purses, and exempt them from need to sell liberty unto Seminaries; and where assurance of gaine is propounded for discovery, what master or house-keeper will trust his servant with keeping of his Priest, or sleepe quietly while he is engaged to the danger of a Mercenary? I remember that in Italy it was often told me, That the bountifull hand of Sir Francis Walsingham made his Intelligencers so active, that a Seminary could scarcely stir out of the gates of Rome without his privity, which success by mediation of gold may as readily be obtained from Syvill, [...]dolid, Doway, [...] Paris, and any other places, and by [Page] forewarning given of their approach, they may be waited for at the Ports, and from thence soon conveyed to a safe lodging. But whence shall the stream flowe that must feed this bounty? it is a doubt easily satisfied, if some thousands of Poundes out of the Recusants penalties be reserved in stock, and committed by his Majesty unto the disposition of zealous distributers, who will not be afraid to conclude Perdat fiscus, Particular officers must be appointed, what is to all is commonly performed by none. ut capiat Christus; neither need we seeke any further succour to repair decayed Castles, and therein to defray the charge of the Priests, with a sure guard to keep them, than the aforesaid forfeitures that by the Justice of the Law may be collected; which course if every it come happily to be entertained, and that Recusancy cease to be an ignominious prey to the subject, the proceedings for Religion shall be less blamed, and perhaps altogether unjustly accused by any graceless Gretzerus or Cacodaemon Johannes, tincting their pens in Gall and Vineger; for besides occasion of Calumniation given by sutes of that nature, it is evident that many Recusants that would be indicted for the King, and the effecting the Project aforesaid, shall escape without punishment, and be borne out against the power of a private person; begging to [Page] no other purpose,The service done for the Kings proper use, hath his Warrant and Countenance, but when a private man hath the gain, neither reward [...]r bearing out can be expected; and by consequence Recusants are free. than hath heretofore been used: and albeit the penalty be rated at 20 l. a moneth, yet was it never the Law-makers intent, that such as were not able to pay so great a summe, should go scot-free, but that according to the proportion of their ability, they should do the penance of their Purses, whereas now if the voice of the people (which is said to be the voice of God) is to be credited, the poorer sort is skipt over, as if they owed no souls to God, nor duty to their Soveraign. A poor Man (saith one) is to be pittied, if he offend through necessity, but if he do amiss voluntarily, he is more severely to be chastised, for so much as wanting friends, and meanes to bear him out, if sheweth that this fault proceeds from presumption.

X.

Let us now pre-suppose, that all the whole Regiment of Jesuits of Seminaries were lodged in safe custody, may we then perswade our selves, that Popery will vanish like a dumb shew; I am clearly resolved that though it receive a great eclipse, notwithstanding without other helps the Kingdome of Antichrist will onely be hidden, as a weed that seems withered in the Winter, and is ready to sprout out vvith the Spring. Temporall armes are remedies [Page] serving for a time,Medicines that work in the spirits of men, are of greater force, and cure more surely then outward Plaisters. but the Spirituall sword is permanent in operation, and by an invisible blow workes more than mortall man can imagine. The word of God carrieth this two-edged weapon in his mouth, which is to be used by faithfull Ministers of the Church, whom pure zeal, without respect to worldly promotion, or persons, ought to encourage: Of Judges the Scripture saith Estote fortes; and daily we see, that sitting in their judiciall seats, God inspireth them with greater courage, than when, as private persons, they are to give their opinions; no less is the power of the Holy Ghost in his servants,Speech is the interpreter of the minde, therefore who so useth in Divine matters to speak reservedly, and in a double sense, he will be s [...]spected to have a double heart, and unfit to teach them that trust him not. that out of the Pulpit are to deliver his Ambassage; let them therefore not be dismaid to speak out plainly, and tell the truth, without running a middle course between heat and cold, unprofitable discanting upon the Scripture, with an Old postile, or for want of better matter waste the poor time shut up in an hour-glass, with skirmishing against the worthy Pillars of our own profession: Rumor which is ever ready to take hold of evill, hath raised a secret, though (as I hope) a causless suspicion, that there should be some combination underhand, by changing the state of questions, to put us in our old dayes to learn a new Catechisme, and when they have brought [Page] us out of conceipt with the Reverend Interpreters of the Word, to use us then as the Wolves (mentioned in Demosthenes Apology) handled the Shepheards when they had delivered up their Dogs. Most sacred was that Speech of our gracious King concerning Vorstius, He that will speak of Canaan, let him speak the language of Canaan. How can we draw others to our Church, if we cannot agree, where, and how to lay our foundation? or how may we cleanse the Leprous disease of dissention, which the Papists which are least assured to themselves,A good Pust [...] is the Physician of the Soul, and ought to apply his doctrine according to the tenderness or hardness of the Conscience▪ for want of which discretion some mens zeal hath done hurt. and most doubtfull of their Salvation, are not ashamed to ascribe unto many of us? I would not have Ministers indiscreet like Dogs to barke against all, whether they know or know them not, I like better the opinion of Aristotle, who adviseth those that stand in guard of a place, to be curst onely to such as are about to endammage the City: If Pursevants or other Civil Officers, would learn to keep this rule, they might go about their business with much credit. The imagined fear of inviting the Romish Faction by force to deliver their Ghostly Fathers out of Prison, moves me not a whit; for I cannot believe that they esteeme them at so dear a price, as they would runne the hazard, by freeing others out of hold, to put themselves [Page] into their places. Some will say that a man of Straw is a head good enough for a discontented multitude; That the Papists are very chollerique it appears sufficiently by their writings, yet it hath pleased God to send those curst Cowes short hornes; that when they should not finde a man of sufficiency to serve their turn,False miracles and lying news are the food of superstition, which by credulity delude ignorant people they were faine to do homage to Garnetts straw, forgetfull as they are that such stubble cannot endure the tryall of fire: But unto us, that ought to be Doers, as well as Professors of the Gospell, let this remain as a memorable Theorem; Religion is the Mother of good order, Good order is the cause of prosperous Fortune, and happy Successe in all Counsells, and enterprises, Therefore in what estate soever there wanteth good order, it is an evident Argument that Religion goes backward.

XI.

I have ever held it for a kinde of Injustice to omit the execution of mean Lawes,God which is the great Lawmaker, by his Laws prevents sins, to the end punishments may be inflicted on it justly; as to avoid Idolatry, he forbiddeth making of Images; He that cannot live chast, let him marry, &c. made to prevent the effects of Idleness, and then to apply main extremity of the sword, when the proling habit gotten by that vice comes to light; no less is the course uncharitable (with pardon for this presumption be it spoken) when we spare them that have no Religion at all, and censure those that can give an accompt of [Page] somewhat tending to that purpose. He that is in misery must be born withall if he speake miserably, and when the child from his mothers brest hath sucked nothing but Popery, a man had need to be angry with discretion if he hear him speake in the voice of a Papist. God calleth some by miracle, but the ordinary meanes is his Word; if that meanes in any place of this Land be wanting, of what Religion is it likeliest the people will be? I suppose that few men will gainesay my assertion, that outward sence will direct them to Popery, which is fuller of Pageants than of spirituall doctrine; and what is the cause that after so many yeares preaching of the Gospell, the Common people still retaine a scent of the Roman perfume? the Cause is for that the formall obedience of coming to Church hath been more expected than the instruction of private families,A man is said to know so much as he remembreth, and no more; and we remember best, what we learn in our youth, therefore if we will be wise when we are old, we must be taught when we are young. publique Catechizing is of great use, but the first Elements thereof are to be learnt at home, and those things which we learn from our Parents, sticke more surely in our mindes; what was the cause why the Spartans continued their Government so many Revolutions of times, without mutation? Histories record, that learning their Countrey Customes from their Infancy, they could not be induced to alter them; And [Page] in this our native soile we perceive,Out of Oeconomicall Government, the diversity of States grow, & such as a [...]rinces house, is the State of the Commons for the most part: by which reason a Prince may be the Survey of his House, have an aim how the Commonwealth is affected. that the Common Lawes which rely on antient Customes, are better observed than late Statutes, of what worth soever they be: So doth it fare with the poore people, which being once seasoned with the old dreggs of Papisme, will hardly be drawn from it, till the Learning of the true Faith be growne to a Custome. I will prescribe no order nor Officers, to effect this; but I suppose that the antient laudable course, by the Bishops confirmation, will not be sufficient to fulfill so great a taske, the Minister must and ought to be the Principall and immediate hand to give assistance to so gracious a worke; and in case any be defective in their duty, the Reverend BISHOPS may take notice thereof in their severall Visitations.

Perhaps it will be thought a hard task to constrain old people to learn the A. B. C. of their Christian beliefe,By the Lawes there were Tything men, who gave accompt for ten houholds: Some such Officers might be good in this case: for I hold the breaking of the breaking of the Sabbath to be the ruine of our Religion. but how hard soever it be, I hold it no incivility to prepare people of all ages for the Kingdome of Heaven. By the order contained in the Book of Common Prayer, on Sundayes and Holydayes, half an houre before evensong the Curate of every parish ought to examine children sent unto him, in some points of the Catechisme; and all Fathers, [Page] Mothers, Masters and Dames, should cause their Children, Servants, and Prentises, to resort unto the Church at the time appointed, there to heare and be obediently ordered, by the Curate, untill such time as they have learnt all that in the said Booke is commanded, and when the Bishops shall appoint the Children to bee brought before them, for their Confirmation, the Curate of every Parish shall send or bring the names of those Children of his Parish which can answer to the questions of the Catechisme;It were fit also that they learnt how to distinguish the common grounds of Propery, whereby the Priests deceive poor people. and there ought none to be admitted to the Holy Communion, untill such time as he can say his Catechisme, and bee confirmed, Many times I have stood amazed, to behold the Magnificence of our Ancestours buildings, which their Successours at this day are not able to keepe up, but when I cast mine eyes upon this excellent Foundation laid by the Fathers of the CHURCH, and perceive their Children neglect to build thereupon, with exceeding marvell, I rest almost besides my selfe, for never was there better ground-plot layd, which hath been seconded with lesse successe: It was not the Bull of Pius Quintus on the Bishop of Londons Doores, or the forbearing to hang up Priests that have wrought this Apostacy, but the Idleness [Page] and insufficiency of many teachers,He that knows not the true cause of an evil, cannot help it but by Change, which is a dangerous guide of a State. conspiring with the peoples cold zeale, that hath beene the Contriver of this Webb. Untill the eleventh yeare of Queene Elizabeths Raigne, a Recusants name was scarcely knowne, the Reason was because that the zeale begotten in the time of the Marian Persecution was yet fresh in memory, and the late Persecutors were so amazed with the sudden alteration of Religion; that they could not chuse but say, Digitus Dei est hic. In those dayes there was an emulation betweene the Clergy and the Laity; and a strife arose whether of them should shew themselves most affectionate to the Gospell;Where good men are afraid to call a vice by the Proper name, it is a sign that the vice is common, and that great persons (whom it is not safe to anger) are infected therewith. Ministers haunted the Houses of worthiest men, where Jesuits now build their Tabernacles; and poor Countrey Churches were frequented with the best of the Shire; the Word of God was precious, Prayer and Preaching went hand in hand together, untill Archbishop Grindai [...]s disgrace, and Hatefields hard conceipt of Prophecying brought the flowing of those good graces to a still water; the name of a Papist smelt ranck even in their owne nostrills, and for pure shame to be accompted such, they resorted duely both to our Churches and Exercises; [...]e Schism. Anglicano & vis. M [...]n. Eccles. but when they saw their great Coriphaeus Sanders had slily pinned the names of [Page] Puritans upon the sleeves of the Protestants that encountered them with most courage, and perceived that the Word was pleasing to some of our own side, they took heart at grasse, to set little by the service of God, and duty to their Soveraign.

Therewith start up from amongst us,Some think that if these mens zeal h [...]d by order been put to imploy it self otherwayes, and a task set them to doe some good and memorable thing in the Church, they might have been reformed, or made harmlesse by diversion. some that might have been recommended for their zeale, if it had been tempered with discretion, who forerunning the Authority of the Magistrate, took upon them in sundry places and publiquely to censure whatsoever agreed not with their private conceipts, with which grosse humours vented in Pulpits and Pamphlets, most men grew to be frozen in zeal, and in such sort benummed, that whosoever (as the worthy Lord Keeper Bacon observed, in those dayes) pretended a little spark of earnestnesse,Head-strong Papists are not easily subdued, yet must they not be suffered to grow to a Faction, Discretio pro lege discernere quid sic res▪ must lay the burthen in the right place. he seemed no lesse than red fire hot, in comparison of the other. And as some fare the worse for an ill neighbours sake, dwelling beside them, so did it betide the Protestants, who seeking to curbe the Papists, or reprove an idle drone, were incontinently branded with the ignominious note of Precisian, all vvhich vvind brought plenty of vvater to the Popes Mill, and there vvill most men grinde vvhere they see apparance to be vvell served.

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XII.

If without great inconveniency,W [...]thout Reformation in this point. Popery will still encrease, but as all vertuous enterprizes are difficult, so is this most intricate. the Children of the Papists could be brought up out of their Company, it were a happy turn, but I finde it to be full of difficulty; there is provision made to avoid Popish School-masters, but there is no word against Popish School-mistresses, that infect the silly Infants while they carry them in their arms;A wise householder will cast up his reckonings to see what losse or profit he hath made in a year which moveth me to suppose that the former proposition to examine how Children and servants are brought up, and truely to certifie the list of the Communicants and Recusants, will be the readiest means to let his Majesty know the yearly increase or decrease of the Church in every Diocesse. And whosoever shall send his Children, or any of his Majesties Subjects to be placed in Monasteries or Seminary Colleges, or Popishly to be brought up in forraign parts, I think that for punishment both one and the other worthily might be diffranchised of the priviledge due to English men, so farre forth as any good by the Laws may descend to them, but not to be exempted from the Penalties thereof in the regall jurisdiction of the Crowne. I know well that contradiction is odious, and makes a man seem ambitious to be though tmore understanding than others,Cuevara Epist. Aure [...]. in which case the Spaniard useth only to [...] me [...] presumptuous, whom he [Page] would call foole, if civility would bear it; but in my defence, I hope it shall suffice againe to revive my former protestation, that I discourse by the way of Proposition, rather than arrogantly of defining any thing,The Law which took immediate notice of an offence▪ gave a quick redresse, and corrected the poor as well as the rich. with pardon therefore may I bee permitted to say, that the first easie Law of twelve pence, inflicted on him that could not give a reasonable excuse for his absence from Church on Sundayes, was one of the best ordinances that hath hitherto been enacted; but while we sought to make new Statutes, savouring of more severity, we neglected the old, and were loath to execute the new, for it is a certaine rule, that whosoever in policy will give liberty, and yet seem to suppresse a crime,Sharp Laws that stand upon a long processe, after a manner seem to dispe [...]ce with the vice. let him procure sharpe Lawes to be proclaimed, which are necessary only for some times, and rare occasions, to be put in execution, but not to be an ordinary worke for every day of the weeke; daily use likewise teacheth us, that it is lesse grievous to punish by an old Lawe than by a new, for so much as truth it selfe seldome gets credit without proof, and it is hard to free the people of suspition, that new Lawes are not rather invented against the particular persons and purses of men, than against their corrupt manners; by force of which reason I am induced to conceive, [Page] that the old use of the Church contained in good nurture,The allegiance to God ought to precede the temporall obedience, for if the first may be obtained, the second will follow of it self. and Ecclesiasticall censures, will much more prevaile to muzzle Popery, than any fresh devises whatsoever; neither do I thinke it blame-worthy to affirme, that our Cause hath taken harme by relying more on the temporall than the spirituall Armes, for while we trusted that capitall punishments should strike the stroke, we have neglected the means which would for the most part have discharged the need of such severity; the Oath of Allegiance is not offered generally to servants and mean people, who if they had taken the Oath, by absolution of a Priest might recoyle from it, or change their opinion at leasure, without any ready meanes to discover their Legerdemaine, that Oath I feare will not be often pressed, and to them that shift from place to place, how can it be tendred? the principall Papists now cover themselves in the crowd of the multitude, but if we can discover the affection of the multitude they will easily be unmarked,This course will discover more than the Oath of Allegiance, and prevent many from falling off by reason of the quick discovery. and being singled out rest ashamed of their nakedness (which under correction of better judgement) may be effected, if every new commer to inhabit in a Town, and servants newly entertained, within a week or fourteen dayes, be caused to repaire to the Minister, there in presence [Page] of the Church-wardens and other honest men, to subscribe unto such briefe and substantiall Articles concerning faith and allegiance as shall be according to Gods word and justice ordained to distinguish the sheep from the Goats; in forrain Countreys every host is bound to bring his guest before an Officer, there to certifie his name, with the occasion of his Comming, and intended time of aboade in those parts, and in case he stay longer, he must again renew his licence; so curious and vigilant are they also to keep their Cities from infection,So long as houses and lodgings in London are let to Papists; the Priests will be received, and from thence shall the Country be infected. that without a Certificate witnessing their comming from wholsome places, they may not escape the Lazaretto; no lesse ought we to be watchful to prevent the contagion of our Souls, than the other Nations are of their bodies. Every thing is hard and scarcely pleasing in the beginning, but with time some such course may be readily put in execution, which I propound rather as matter for betterheads to work on, than peremptorily to be insisted on in the same termes; but lest any charge me with temerity, that where I desire to know the multitudes inclination, by the means aforesaid, I satisfie my self with their Parrats language, pronouncing it knows not what, I think it not impertinent to put them in mind, that heretofore I have required instruction, both [Page] precedent and subsequent,If we can prevent the increase of Papists, those that now live must either be reformed, or in time yield to nature, and then shall a new age succeed of Christians, by education made Religious. and am ever of the mind, that though all this cannot be done at once, yet it is necessary alwayes to be doing our best; knowing, that not to go forward in Religion, is the ready way to go backwards; it is not the outward obedience of comming to Church, that discovers the inward thought of the heart, it is the confession of the tongue that must utter those secrets, and where the Curates are insufficient, or the Parish great, I wish they had Catechists to assist them, maintained by the purses of the Recusants, which pension being collected for Gods cause, will free us of scandall, though it grieved them to pay the spirituall Army waged against their owne stratagems; surely by giving them way in petty matters, they are grown to be very masterfull in their party. Plato affirmeth that the popular State proceeded from the Licence which the people took to make immoderate applauses in the Theaters, when as by arrogating that immunity without controllment, in presence of their Governours, and perceiving the Nobility to joyn with them in the same passions, they thought their heads as worthy to governe, as any of those were made out of the same mould: In like manner while we suffer ignorance openly to maintain such petty glimps of Popery as are thought to be searce worthy [Page] to be looked at,The br [...]achers of a bad cause being touched in Conscience, at the first move slowly, but if they prevaile they grow tyrannous beyond measure. in small matters run an indifferent course, which neither makes sure friends nor feeble foes, unawares they take the Bridle from us, and eat out Religion, as it were by an insensible Gangrena:

Principiis obsta, sero medicina paratur

Cum mala per-longas invaluere moras.

For by sufferance of breaking small laws people are boldned to set the greater at nought.

To comprehend all things in a Law which arc necessary to the reformation, I neither hold it profitable nor expedient, yet it is discretion to provide for the most important, smaller matters whereof the Lawes speak not are to be commended to the discretion of Parents, Ministers and other Reverend persons, who by example and advice may prepare younglings by education and Custom to obey the Laws, especially such as are in high place ought in this behalf to be like Caesars wife, Non, solum Crimine, Most men will affect to be such as the highest Trusts, and Favours. sed etiam Criminis suspitione vacare, and with such circumspection to behave themselves, that the world may conceive, in requiring obedience to God, and their Soveraign,A great man is an Idol in the eyes of mean People, and draws many t [...] imitate his actions. that they hold the multitude rather for companions than slaves; If great men take another way, they may seduce many by example, though by words they expresse not their concealed opinions, T [...]ce & leq [...]re said God to [Page] Moses, it is the speech of the heart, which utters more than letters, or sillables. And in our common Lawes it is held maintainance, when a great person onely by his presence countenanceth a cause; neither let us secure our selves with this argument, The Papists are pliable in small matters, Ergo, they will yeeld in greater; And because they took no Arms in 88. therefore it were needlesse curiosity to suspect them now: for who knowes not that small baits are used to take the greatest Fish, Vt cum esca una etiam hamus devoretur. Warinesse is the sinews of wisdome, and nothing is more dangerous than to be secure in matters of State.Few Laws well executed are better than many. Therefore for the Laws already made, I wish that the most effectuall of them which least concern life, may be executed; for better it were not to make them, than by neglect to set them at liberty: Seeing that many offences there are which men would abstain from, if they were not forbidden, but when a strict Commandement is avoided without punishment, thereout springs an unbridled license and hardly to be reformed by any rigour.

To conclude, I say freely, that whoso endeth his dayes by a naturall death, he shall be subject to many mens dooms for every particular offence; But when for Religions sake a man triumpheth [Page] over the sword, that one eminent Vertue razeth out the memory of other errours, and placeth him that so dieth in Paradise,A Crown of Glory once attained, hath power to dispence with former faults▪ (if common opinion may be lawfully vouched) vvhich glory having many followers and admirers, maketh even dull spirits to affect their footsteps, and to sell their lives for the maintenance of the same cause. I need not Envy the name of a Martyr to the Jesuite; for his cause if it be rightly vveighed, will blanch that title; but I desire to have all those Lineaments defaced, vvhich may compound that counterfeit Image; in prosecuting of vvhich purpose, if I have failed in my advice, and by confused handling, intricated the question, I humbly request, that a vvise mans verdict may mitigate the heavinesse of the censure.

It is neither good to praise bad Counsels,He Counsells best, that prefers the Cause of God, and the Commonwealth before any particular. because of their good successe, nor to condemn good Counsels, if the event prove not Fortunate, lest many be animated to advise rashly, and others disheartned to Counsell gravely.

‘Illi mors gravis incubat qui notus nimis omnibus ignotus moritur sibi.’

August 11. Anno Domini 1613.

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THE MANNER AND MEANES HOW THE KINGS ENGLAND Have from time to time SUPPORTED And repaired their ESTATES.

Written by Sir ROB. COTTON Knight and Barronet, Anno nono Jacobi Regis Annoque Domini 1609.

LONDON: Printed in the Year 1672.

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The Manner and Means how the KINGS OF ENGLAND Have from time to time SVPPORTED AND REPAIRED THEIR ESTATES.

THe Kings of England have supported and repaired their Estates,

First, by an Annual proportioning their Issues, and Expences, with their certain and Casual Revenues.

And that either by

Advice of their PRIVIE COVNCEL, or

by PARLIAMENT▪

[Page] Secondly, by abating and reforming the Excess of houshold, &c.

Thirdly, by raising of Money, and improving the Revenues of the Crown.

First, for proportioning of the Issues, &c.

Henry 4. Anno 12. When the Revenue and profits of the Kingdome,Hen. 4. Ex rot. orig. interacta Concil. Hen. 4. together with the Subsidy of Wool, and Tenth of the C lLergie, amounted to no more then 48000l. of which 24000 marks were alotted for expence of House; most of the rest to the Guard of the Sea, and defence of this Kingdome, the Realme of Ireland, and Dominions in France: In this estimate the profits by Wards and Marriage, was but 1000 l. And then an Ordinance was made by the King, Prince, and all His Counsel there named in the Roll.

The like was Anno 11. when for the charge of house was appointed 16000 l. and 7000l. to the City of London, in discharge of the Kings debt to them.

Henry 5,Hen. 5. Ex rot. in actis Council. anno 2. Hen. 5. in Fin. Anno 2. did the like as his Father, entring upon the Roll as an Ordinance in future, that the Treasurer of England, or the Exchequer shall Annually make declaration of the state of their Office, and the Revenue of the Realme, together with the charge of the Kings House, Chamber, Wardrobe, Garrisons, Navy, and Debts.

Anno 3. Henry 5. the like Assignments [Page] were made proportionable to the Revenue which in the great Custome of Woolls,Ex rot. orig. an. 3 Hen. 5. the petty Custome, Tunnage and Poundage, revenue of Wales, and the Dutchie of Cornwall, the Hamper, the accounts of Sheriffs, Escheators, the Exchange of Bullion, and the benefit of Wards and Marriage (then rated at but one thousand marks apiece) rose not to above 56966. l. And being at such time as he undertook the Conquest of France.

Anno 9.Ex ordinat. anno 9. Hen. 5. Henry 5. the revenue of the Kingdome amounting to 55743. l. 10. s. 10. d. was so by the King with advise of his Counsel ordered, as before.

And by this Record it appeareth, that that Clerks of the Navy, and not the Treasurer was the Officer only for that place.

Henry 6. anno. 12. in Parliament,Hen. 6. Ex rot. Par. anno 12. Hen. 6. n. 24. Cromwell then Treasurer, delivering up an Account of the Exitus and introitus of the Exchequer, setled the Estate of his expence, of which there was allowed for his house 16978. l. and to his Chamber and Wardrobe 2000 l. The rest to defray the debts and necessary occasions of the State.

Queen Elizabeth anno 12.Queen Eliza. At which time besides the Wards and Dutchy of Lancaster the profit of the Kingdome was 188197.Ex comp. Din Burghley Thesaur. l. 4. s. the payments and assignments 110612. l. 13. s. of which the Houshold was 40000. l. privy Purse 2000.l. Admiralty 30000. l. which by an estimate 1. May, anno 1604. was 40000. l. And is now [Page] swolne to near 50000l. yearly by the errour and abuse of Officers.

SEcondly, by abating and reforming the Excess,

1. Of Houshold.

2. Of Retinue and Favorites.

3. Of Gifts and Rewards.

First, for abating and reforming the Excess of Houshold, either, by

Parliament or

Councel Table.

1. By Parliament.

Anno 3.Edw. 2. Ex Angl. M. S. folio 29. Edward 2. An Ordinance was made prohospitio Regis, in ease of the people oppressed with Purveyance by reason of the greatness thereof; and the motive of that ordination was, A l'honneur de Dieu, et a honneur, et profit de sainct Eglise, et a l'honn [...]ur de Roy et a son profit, Ex libro. Do. Aula Regis. et au profit de son peuple, selon droit et resonel serment que le dist nostre Signeur le Roy fist a son Coronement. And about this time was the King's house new formed, and every Officer limited his charge and salary.

Anno 36.Edw. 3. Rot. Pa [...]l. anno 36. Edw. 3 Rich. 2. Rot. Parl. 1. Ric. 2. Edward 3. the houshold was reformed at the petition of the People.

Anno primo Richard 2. the houshold was brought to such moderation of expence, as may be answerable to the revenues of the [Page] Crown.Rot. Par [...]an. Rich. 2. Rot. 4. Parl. an. 5. & 6. Rich. 2. And a Commission granted at the Petition of the Commons to survey and abate the houshold; which not taking desired effect, Anno 5. the Commons petition that the excessive number of menial servants may be remedied, or otherwise the Realm will be utterly undone, and that his houshold might not exceed the ordinary revenues of the Realm.

Anno 4.Hen. 4. Rot. Parl. an. 4 7 & 11. Hen. 4. Henry 4. The People crave a reformation of the Kings house. And Anno 7. that he would dismiss some number of the retinue; since it was now more chargeable, but less honourable then his progenitors; and that the Antient Ordinances of the houshold, in ease of the people might be kept, and the Officers of the houshold sworn to put the ordinances and statutes in due execution, and so consider the just greifs of his subjects by unjust Purveyance contrary to the statute. That hereafter vous poiez vivre le voz biens propres en ease de vostre peuple, Ex Ordinat. in Rot. Act. C [...]nc [...]l. an. 11. H [...]n [...]: marked [...]R which the King willingly doth, as appeareth by an ordination in Councel, whereby the charge of the houshold is limited to 16000 Markes.

Annis 12.Hen. 6 Rot. Par an. 2. 18. Hen. 6. & 18. Henry 6. The charge of the Kings house is reduced to a certainty, and lessened by petition and order in Parliament.

Anno 12.Edw. 4 Ex. rot. Parl an. [...]2. Edw. 4. Edward 4. The King promiseth to abate his houshold, and hereafter to live upon his own: So setling a new forms [Page] his Court which is extant in many hands,Ex lib. ordin. Hospitii temp. Edw. 4. intuled, Ordinations for the Kings house.

And to ease the charge of the Kings house, the Queens have allowed a portion of their joynture suting to their own expence to the Treasurer of the houshold.Rot. Par. an 27. Edw. 3..7. Hen. 4. n. 3. Mich. recep. 27. Hen. 6. n. 9. Thus did Philip the wife of Edward 3. and likewise Henry 4. wife anno 7. And Henry 6. wife allowed 2000. l. a year out of her Estate.

2. Excess of the houshold abated and reformed by the Councel-Table.

Edward 2.Edw. 2. Ex Aula Regis fact. temp. Ed. 2. caused his houshold to be certain in allowances, making thereof a book by way of ordinance, which is called Aul. Regis.

Henry 4.Hen. 4. Act. concil. 8. Hen. 4. marked P. P. causeth his Son the Prince, and the rest of his Councel, to ordain such moderate governance of his house, that may continue au plaisir de Dieu et du peuple.

Henry 6.Hen. 6. anno 27. reduced his charge of house to 12000. l. whereof 2000. l. was out of the Queens joynture.

Edw. 4.Ed. 4. Ex lib. ord. tem. Ed. 4 anno duodecimo reformeth it again, and publisheth a book of orders for their better direction.Ordinat. Car Woolsey Hen. 8. Which after Cardinal Woolsey for the more honour and profit of the King amendeth, and that still remaineth the ground-work of the present government: Which being now so much corrupted, it may seem fit, either to put [Page] down the Tables, and leave all attendants to allowance of money, as France and Spain doth, or else [...]y setting up the Hall again, reduce the houshold to the best, first, and most magnificent order. So all things being spent in publique, will be to the Kings honour, and the secret waste by Chamber, diet, and purloining, prevented to the Kings benefit. For there is never a back-door in Court that costs not the King 2000. l. yearly, and few mean houses in Westminster, that are not maintained with food and firing, by the stealth of their Court-Instruments.

By abating and reforming the excess of Retinue and favorites.

Thus did Henry 2.Hen. 2. Ex Gervas. Doro. bern. with William de Ipre Earl of Kent, a Netherlander, and all his Countreymen and followers; when they grew heavy and a burthen to this State, unable to foster more then her own natural children.

Thus Richard 1.Rich. 1. Ex Richardo canonico in vita Rich. 1. did with Otho Earl of York, and all the Bavarians, although he was the sonne of his Sister, taking from him that Earldome, for that the People opposed it, and giving him in exchange the title of Poictife.

Thus Henry 3.Hen. 3. ex lib. Sect. Albani & Wil. Rishang. & lit. Baron. Papae. did with his half-brethren the Earl of Pembroke, and the Bishop of Winchester, and all the Poictons theit followers.

[Page] Thus did Edward 2.Edw. 2. Ex ordina. 3 Ed. 2. in li. legum manuscript fol. 285. by this Ordinance, Que tout le lignage Sire Pieres de Gaveston soit entirement ouste de estre entoines le Roy et de son service. Item Burgois de Til soit ouste et son fias que est mereschal del' Eschequer. Item que Bertram Assabi et son Frere et ceux de Gascoigne, et Aimyrick de Friscomband soint oustre et ses terres prises en le main le Roy.

Thus Richard 2.Rich. 2. Ex rot Parl. an. 10. Rich. 2. did with the Bohemians anno 10. by an Act of Parliament at the petition of the people surcharged.

Thus Henry 4.He. 4. Ex rot. Par. an. 7. & 1 [...]. Hen. 4. did likewise with the Gascoignes and Welch overburthening and impoverishing the King and Realm with perpetual suits, so that in Courts (as the Record saith) there were ne ad mill substance des personnes vaylantes et suffesants: Si Besoigne seroit mes de Rascaile pur la grendre part.

By abating and reforming the excess of Gifts and Rewards.

Hence was it that the wisdome of former time,Rich. 2. Rot. Par. an 21. Ri 2. an. 2 4 & 5. Hen. 4. n 9. foreseeing the mischief that the open hand of the Soveraign may bring, the State made a Law 21. Richard 2. that whatsoever cometh to the King by Judgement, Escheate, Forfeiture, Wardship, or any other wayes,, shall not be given away, and that the procurer of any gift, shall be punished.

This the Parliament continued 7. Henry 4,Hen. 4. Rot. Par. an. 7. H. until the King were out of debt, making frustrate the grant, and ordaining a penalty [Page] of double value to every mover or procurer of any such.

The like anno 11.Rot. Par. ann. 11. H. 4. n. 23. Henry 4. And that no petition for any thing should be delivered the King, but in the presence of the Councel, who might examine it, least the King's wants should light upon the Commons.

And to keep the hand of Henry 6.Hen. 6. Pars. Parl. 2. an. 25. Hen. 6. m. 24. from wasteful giving, the Councel induced him to convey to the Arch Bishop of Canterbury and others, all profits, by Wards, marriages, reliefs, escheats and forfeitures, to defray the charge of his house.

It is one of the greatest accusations against the Duke of Somerset, Ex rot. Parl. an. 28. Hen. 6. for suffering the King to give away the possessions and profits of the Crown in manner of a spoil: for so are the words of the Record.

And it was made the first and cheifest Article to depose Richard 2.Rich. 2. Ex rot. Par. an. 1. Hen. 4 for wasting and bestowing the lands and revenues of the Crown upon unworthy persons, and thereby over-charging the Commons by exaction.

THirdly, Raising of money, and, improving the Revenues of the Crown.

Either by the

Grant of the Subject, Or

Power absolute in the Soveraign.

[Page] 1. Grant of the Subject, which is

General, as in Parliaments, Or

Particular by Lones

Compulsive Or Benevolent.

General,Ex lib. rub. in Secto as in Parliaments, wherein they give the King part of their own, by way of Retribution only; as

For Defence of the State.

Hence grew the Scutage granted to Hen. Ex Jo. Eversden. 2. Richard 1.Ex hist. Roffens. John, and Henry 3. to Edward 1. divers Fifteens and Tenths for his wars against the Scots and Welshmen. Ex rot. Parl. temp. Ed. 3. Ex rot. Par. annis. 2, 3, 5. Rich. 2. Rot. Parl. 8, 9. Hen. 4. The Subsidie of Woolls and other Contributions to Edward 3. for his Wars: And the like granted to Richard 2. annis 2. 3. 7. so they may be imployed in the Wars: and particular Treasurers to accompt in Parliament. So in the 8. and 9. of Henry 4. on the like condition.

Tunnage and Poundage begun the 45. Edward 3. had hence its original; and therefore 13.Ex Rot. Parl. an. 13. Hen. 4. & 1. Hen. 5. Henry 4. and 1. Henry 5. they are granted so in express words; and that they proceed of good-will, and not of duty. Presidents of this nature are plentifull in all the Rolls.

For maintenance of Religion and the Church.

As in the Year 1166. to Henry 2. was [Page] given twelve pence in the pound:Ex Benedict-Monacho in vita Hen. 2. Ex Adam. Merioneth ex Rot. Par. anno 4. Rich. 2. and in the 18. Edward 1. a fifteenth was granted to expel the Jews. And Anno 4. Richard 2. a tenth of the Clergie, and a fifteenth of the Commons, for his help to suppress the Wicklivian heresie.

For support of the Laws and liberty of the Common-Wealth.

So did the State to Henry 3.Ex Rad. cogshal. Ex hist. Roffen. Rot. Par. an. 23. 3 & 7. Hen. 4. Ed. 1. 13. Ed. anno 27. for confirmation of the great Charter, for the like anno 15. was granted 29. Edward 1. and 13. Edward 3. and 7. Henry 4. That the Laws may be executed against Purveiors.

For redress of the Agrievances.

As in the 15.Rot. Par. anno 15. Ed. 3. n. 16. Edward 3. so that the King would perform their petitions, or else they held themselves not bound to pay the ninth they had given.

The like was the 7,Ex rot. Par. an. 7 8, 9, 10. 11. Rich. 2. Ex rot. Par. an. 4. & 7 Hen. 5. rot. Par. 7. Edw. 4. 8, 9, 10. and 11. Richard 2. The 10. and 15. granted the 4. and 7. of Henry 5. is upon condition, that the King laid no impositions upon the State. And 7. Edward 4. the State releiveth the King, so he will promise to live hereafter upon his own, and not burthen the State, the which he there protesteth to perform.

And it is to be observed that to improve the grants of Subsidies to the extreamestEx original.; an. 3 Rich. 2. [Page] value, there were new Commissioners appointed to survey and advance mens fortunes above the estimate of the former taxes, and Commissions have been granted out, as 3. Richard 2.

Or to enable him out of his own by an Act of Resumption of Lands, offices, annuities.

Thus did Henry 3.Rot. ordinat. an. 5. & claus. an 9 & 10. Edw. 2. Rot. Par. an. 1. Rich 2. Rot. Parl. an. 1, 2, & 6. Hen. 4. anno 6. and Edward 2. anno 5. to 9. & 10. by an ordination of the Prelates, Earles and Barons.

All grants made by Edward 3. to unwornthy persons, Richard 2. resumed anno primo, and by Henry 4. anno. 6.

All Pattents for life or years since 4. Edward 3. were resumed.

At the petition of the people Hen. Ex Rot. Par. an. 1. & 2. Hen. 5. revokes all grants out of the principality made to unworthy persons, and all annuities out of the customes of wools, deducting out 10000. l. a yeare out of all other annual pensions ratably, leaving the remain, if any, to the Pattentees.

Hen 6.Rot Par. anno 28, 29, 3. Hen. 6. annis 28. 29. 33. resumeth in England all Lands, offices, liberties and grants from annis primo, and the like anno 21. in Ireland.

So did Edward 4 annis 4.Ex act. Cons. an. 21. Hen. 6. Rot. Par. an. 2 Hen. 7. 7. 12. And Henry 7. anno 2. resumed all grants made by Edward 4. or Richard 3.

[Page] Particular by

Lones Or

Benevolences.

Voluntary, Or

Compulsive.

First upon Lones voluntary, as upon assurance of Bond of the Nobility.

So was William de la Poole bound for Edward 3.Rot. Parl. an 13 Ed. 3. act. concil. 20. 22 Hen. 6. anno 13. in great summes, and the.Duke of Glocester anno 20. Henry 6. and the Cardinal pawned Ws silver Vessels for Henry 6. debt.

Vpon pawn of Jewels.

Thus did Henry 3.Claus. an. 26. Hen. 3. anno 26. to the Archbishop of York, and when his own were at gage, he took Aurum et Jocalia faeretri sancti Edwardi Confessor. and pawned them.

Edward 1.Clau. 29. Ed. 1. imployed one Andevar ad jocalia sua impignoranda.

Edward 2.Rot. fran. an. 9. Edw. 2. pawned his Jewels to the Lord Beaumont.

Edward 3.Comune insc. 30 Edw. 3. pawned Magnam Coronam Angliae to Sir John Wessingham for 8. years.

Richard 2.Parl. anno 7. Rich. 2. pawned vasa aurea et diversa jocalia to Sir Robert Knolls.

Henry 4. Invadiavit tabellam et tresellas suas argenteas de Hispania.

Henry 5.Parl. anno 5. Hen. 5. pawned his great Crown to the rich Bishop of Winchester.

Henry 6.Par. an. 10. 12. 29. Hen. 6. to the same man then Cardinal [Page] pawned many parcels of his Jewels in the 10, 12. and 29. of his reign, and the like to many others.

And the late Queen to ease her people did the like with her Jewels in the Tower, besides the often morgage of her land.

Lones voluntary upon Assignments of Customes and Subsidies.

So did Cardinal Beauford lend 10000.Act. concil. an. 22. Hen. 6. l. to Henry 6. anno 22. upon security of the Customes of London and Southampton, the King indenting to turn the course of most trade thither.Ex billa sign. an. 15 Hen. 6. & 12. Edw. 4. And Henry 6. anno 15. and Edward 4. anno 12. did secure their debts by assignment over of the next Subsidie or aide that shall be granted from the Church or Laity to them, being a devise in truth to draw on a supply the sooner from the State.

Lones voluntary upon the Great Seal or the Privy Seal.

The Great Seal, under which they should have without paying Fee a Patent sealed for repayment of their dues by a day certain.Rot. original. an. 33. Hen. 4. marked B▪ B.

The Privy Seal, which is of late the most in use; and it is worthy of observation to see the willingness of former times in respect of these.

In the 13.Rot. act. conc. 13. Hen. 4. of Henry 4. there is a Roll [Page] intituled les nomes de ceux que ont da prester an Roy les somnes escrits. The Arch-bishop of Canterbury lent 1000. Marks, the Bishop of Lincoln as much,Rot. act. concil. 13. Hen. 4. the Bishop of Norwich 600. l. the Bishop of London 500. Markes, the Bishop of Bath 400 Marks, the Lord Privy Seal 200. l. the Clerks of the Chancery 1000. Markes.

Particular Grants of the Subject by Lone compulsive.

So were the Merchants of Florence, Ex ordinat. Concil. an. 3. Hen. 5. marked N. N. Venice and Luke, compelled by an order in Councel 3 Henry 3. because they had by grace et sufferance du Roy graunts, priviledges et reportants grand lucre pour le exercise de leur Merchandre en le Angle terre. And the persons that refused to lend were committed to the Fleet, neither were the English more free, in anno 30. Henry 6. divers being enjoyned to attend the Councel-table, or else to pay the demanded Lone.

In the time of Henry 8.Ex instruc. Comiss. 14. Hen 8. Ro [...] Parl 12. Rich. [...]. anno 14. of his Reign he exacteth by way of Lone, ten pounds in the hundred of all goods, jewels, utensils and land, and according to the extreamest rate revealed by Oath of the possessors. Notwithstanding there is a Law 2. Richard, 2. that none shall be denyed in demand of any Lone, his reasonable excuse.

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Particular Grants of the subjects by contribution or Benevolent gifts.

These were of old usual and free,Ex Charta Episcop. Cant. Ro. claus. 29. Edw, 1. claus. 35 Edw. 3 Ex insruct. original 20. Hen. 6. and therefore called Liberalitas populi, by Richard 1. and Curialitas, by Ed 1. Ed. 3. Henry 4. and Henry 5. confessed to proceed ex spontane voluntate, nec de jure vendicare potest. Yet did Henry 6. anno 20. in an instruction to Commissioners imployed in procuring a Benevolence, say, that for so much as by the Law he might compel all his Subjects, and at their own charge to attend his; yet he was contented to spare such as would but contribute asmuch after his degree and reputation as two days in his personal service would stand him in, thereby implying a necessity in them to give, to escape a further expence.

This Law,Ex act. Pa [...]l. an. 3. Mariae. upon which Henry 6: grounded himselfa was by a Statute in Queen Maries time repealed. And that since repealed this last year, hath made are reviving of the former, whereby the King is readmitted into his old advantages, and the subject in the former mischief.Ex instructione original. 17. Hen. 8. And Henry 8. anno 17. Although he entituleth the benevolence he sought with no other stile then an amicable grant, yet he threatened the refusers with convention before his Councel, imprisonment, and confiscation of Goods.

[Page] THe Kings raise money, and improve and revenues of the Crown, By power absolute in the Soveraign, in disposing,

1. Lands,

2. Merchandize.

3. Regalities.

1. Lands, as by selling; which hath been often the old, if they were not of the Antient demeasne-land, which our forefathers held impious to alienate from the Crown, and those were such Lands as go under the title of Terra Regis, Lib. Domesday. in the Book of Domesday, and were the Lands of Edward confessor: of other Lands I never observed question, neither do ever find that Acts of Resumptions ever reached to Lands that were sold for valuable consideration.

By passing in Fee-farm, except places of the Kings Residence, Parks, spacious Wastes or Forrests, all the Lands of the the Crown, which remain either in the annexation, custody lands, or Queens jointure, and exceed not yearly 32000. l. These, although largely estated out in several natures, some for lives, some for years, will one with the other be advanced to a treble rent, which amounting to 96000. l. leaving an annual improvement of 64000. And if the offer be not made restrictive for the new Tenant, there is no doubt but his Majesty shall find ready and hearty undertakers amongst the Gentry and Nobility too, who have any place of [Page] Residence neer any his Majesties Mannors; and the Kings security the better, since their abilities will settle the Pre-farm rent upon more Land then the purchase.

If any shall object against this, a loss by Fines and Profits of Courts, a prejudice in not serving necessity (as of late) by sales or diminution of Regalities in seisure of so many Royalities. It may be answered to the first, that the casual profits of Courts never defrayed to the present Officers their fees and expences; and this appeareth from a collection made the 44. year of the late Queen, where the total issue of such certain charge exceeded the receipt of such chances above 8000. l.

To the second, if looking upon the several rates of the Kings Lands, exposed to Fee-farm sales, we find some at 50. other at 21. years as to the late contracters, and make out of these extreams a medium of the largest 40. years, and set on the other side the Common and current estimate for dead Rents 15. years purchase: We must find, that 50 l. Land sold un-improved respectively to the like trebled by a Feefarm, will be 250. l. loss to his Majesty in the sale. As for Regalities, though it may adde somewhat to a Subject, in increasing such his petty command, it can nothing to a Sovereign, whose transcendent power drown'd in it all such subordinate dependances & regards. But if we consider besides the former improvement, the increase of [Page] casual advantage, and diminution of certain charge, we shall have just cause not to continue this course; for if the Commissioners in this business, may be ordered by instruction to reserve upon every Mannor of above 30. per Annum, a tenure in Knight-service by half a Fee, and of above 50. l. in Capite by an intire Fee, and of the purchase to pay his Rent into the receipt himself half yearly, and strike there his Tally: the former will advance the revenue accidental of the Crown in Wardships, primier seisin, alienation and aides; and the latter cut off at once so many their unnecessary Receivers, Auditors, Stewards, Bayliffs and Clerks, as stand the King in yearly above 12000. l. As for other dues or casual Revenues, which now fall under the charge of these Officers, the Collection and payment may be as it hath been with the rest from the time of Henry 2. until of late dayes laid on the Sheriffs of the Shire, and all the accounts left to the 2. Auditors of the press to draw up, and Clerk of the Pipe to enter in Magno rotulo as in former time, for it must seem strange to all men of judgement, that it should be with those Officers (who had their beginning but since the 25,year of Henry 8. by addition of his new revenue of 150000. l. from the suppressed Monasteries) otherwise then with all things in nature, and reason, Cessante Causa cessat effectus, not to be discontinued, when as all Crown-annexed [Page] lands that gave them their just imployment, are for the most part passed from the Soveraign into the subjects possession.

Besides this of the general disposing in Fee-farm, there hath been a project in particular to infranchise the Copy-holders in the several Mannors, which I should hold to be of more prejudice to his Majesty then the others, bringing with it all the former inconveniences, loss of Fines, Regalities, and advantages of sale, and being without many of the advantages, as Wardships, Primiers Seisein, alienation and aids; for no man will buy quillets but in soccage, and discontinuance or Officers, who must still remain, though they can bring the King but little benefit.

Kings raise money, and improve their Revenues, by Farming out for years, Lands, casualties, or wastes.

As in the 7.Rot. Parl. an. 7. Hen. 4. Henry. 4. the State held it more just to help the King out of his own, then to burthen the Common-Wealth, and therefore gave way by Parliament to the King to improve up his Lands, though in Lease provided that the Leassee should have refusal of the bargain if he would.Rot. fin. an. 2. Edw. 2. Rot. [...]arl. an. 15. Edw. 2.

Edward 1. anno 2. granted a commission to farm out all such wastes, Quod absque iniuria alterius fieri potest. And in anno 15. asserted a great part of his Woods for rent, and disforrested in most Counties of England [Page] for a summe of money they gave him.

And it was not the least of charitable thrift in the King,Rot. claus. an. 7. Edw. 2. to reduce much of his waste to habitation of Christians, especially the remote Forrests, which would increase many thousand Families for his service, and bring many thousand pounds to his Coffers.

But in the carriage of this business there must be much caution to prevent commotion, for in them there are many that have right of common sans nombre. And the resolution in agreement with them must be suddain, and confident, for multitudes are jealous and inconstant. And the instruments to effect this, must be such as are neighbours, interessed and popular, not strangers; And the first demise to the inhabitants, and at under and easie values.

Kings raise money, and improve the Revenues of their Crown, by manuring of Lands.

Thus did Henry 3. anno 13. in removing out of most of his Parks as Gillingham, Rot. claus. an. 13 Hen 3. memb. 10. Brigstock, Cliff, Woodstock, Haverel, &c. all mens Cattle pro bobus, pro Lardaria Regis in Parcis praedictis impinguendis.

And Edward 1.Rot. fin. 2 & 3 Edw. 1. commanded all the Escheators in England. Excolere seminare & appropriare ad maximum Regis proficuum ownes terras, quae regi & coronae suae devenerint[Page]per mortem aliquorum vocationem Episcopatium, &c.

KIngs raise money and improve the Revenues of their Crown By Merchandise

1. Trading themselves.

2. Licencing others to trade in Commodities,

3. Improving Customes.

Lawful or unlawful.

1. Trading themselves.

Thus did Edward 1.Rot. valcon. 22. Edw. 1. anno 22. seise into his hands all the Wools in the Kingdome, as the Merchants were lading them in the Ports, giving them security of payment at a long day, and a short price, and then transporting them to his own best and readiest sale.

Thus did Edward 3.Rot. Alinaig. 12. Edw. 3. anno 12. with all the Tin.

And Henry 6.Act Concil. an. 10. Hen. 6. anno 20. by advice of his Councel took up by way of purveyance great store of Grain, and transported it into Gascoigne, where by reason of a dearth, the price was extream. In anno 31. he arrested all the Tin in Southampton, and sold it to his own present use: and in the year following using the advantage of the Statute, which bound all men to trade the staple Commodities to no other place but Call [...]ce, vented himself many Sacks of Wool [Page] to other Ports of better advantage.

And the late Queen anno 1567.Warrant. sub privat. sigill. an. 9 Eliz. Reginae. causeth by warrant of Privy Seal a great proportion of Beer to be purveyed, transported and sold to her use beyond the Seas.

KIngs raise money and improve the Revenue of their Crown

By licencing others to trade Commodities.

Lawful Or

Vnlawful.

1. Lawfully, but solely.

Thus did Henry 6.Rot. Parl an. 29. Hen. 6. n. 15. by approbation of Parliament, with all the trade of Allome, for two years granted to the Merchants of Southampton for 8000. 1. And again for the like sum to those of Genoway.

2. Unlawful or Prohibited.

Thus did many of the Kings,Rot. claus. an. 19. Hen. 3. Rot. Parl. 15. Rich. 2. (after such time as the heavy burthen of imposition began in the miserable necessity of Henry 3. called then by no better name then Maltolt) and continued until the 15. year of Richard 2. by divers intermissions, for then I find the last petition of many in Parliament against it, was altogether taken away. For when Richard 2. and his Successors found the Revenue lessened, by the importunate cry of their People, whereby [Page] impositions were laid aside, they began to advise another supply out of the unbounded power of supposed prerogative, and finding a greedy desire of one Merchant to prevent another of his market (restrained by that Act or Statute, which tyed them to one time, and to one Port Callaice, for all staple commodities) they used to sell Licences with a clause of Non obstante of any statute, whereby they dispensed with multitudes, to trade with what commodities and to what places they would.

To the Merchants of Newcastle Richard 2.Ex billa signat. an. 20. Rich. 2. gave leave to carry wool-fells &c. to any other Port besides Callaice, upon condition that they should pay for them Custome and Subsidie according Le sage discretion de vouz ou de vostre sage Counceil.

To diverse Citizens of London, Henry 4. in the like sort dispenceth for great quantity of Tinne for seven years, paying 400. 1. yearly above the usual Custome.

Henry 6.Ex petit. an. 5. Hen. 6. annis 5. 21. 30. reneweth to the Town of Newcastle the same licence they had anno 20. Richard 2. and granteth 600. sacks of Wool to Benedict Benoni Merchant of Florence, Ex act. Concil. with non obstante any statute or restraint: In this year such Licences were so frequent, that the Town of Callaice complained in Parliament of their decay thereby; yet without relief as it seemeth. For the same King anno 36. giveth leave to Lawrence Barbarico to transport from London to Cicester 12000. sacks of Wool to [Page] what Ports he list: And Edward 4. anno 10, borrowing 12000,Ex billa original. an. 10. Edw 4. l. of divers Merchants, permitteth them non obstante any Law to carry any staple commodities to the Straits of Morocco until they were satisfied their sum.

Henry the 7. raiseth much money, by giving leave to many Merchants to trade inward and outward Commodities prohibited,Ex lib. comp. inter Hen. 7. & Dudley. as to Alonso de Burgues great proportions of Ode Anno 6. and to a multitude of others all kind of grain and other forbidden things, as in annis 20, 21, 22.

KIngs raise money and improve the Revenues of the Crown, by improving customes.

By

1. Farming out of Ships.

2. Raising the book of Rates.

3. Farming the Customes.

1. Farming out of Ships.

To the Merchants, and taking security of them, either to bting in or carry out yearly asmuch Commodities, as shall yield the King in Customes the sum agreed on, or else to make it up out of their own money.

Thus did Henry 7.Ex lib. Hen. 7. many years, not only with his Ships, but with divers stocks of money.

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2. Raising the Book of Rates.

This was in some sort done Consensis Mercatorum by Edward 1.Rot. Almaign. 3. Edw. 3 Rot. claus. 29. Ed. 1. Ex tract. Bruxelles. and Edward 3. and again in Henry 8. time, of which the house of Burgundie complained, as against the treaty of entercourse; and of late so stretched, as it is feared it will prove the overthrow of trade: neither do I find this course at any other time.

As a branch of this, may aptly fall out the benefit Princes made by a prerogative power of imposing inward and outward upon Commodities, over and above the antient Custome of Subsidie. The first that used this course after the Statute was settled, from a King of voluntary government after the Conquest (when as Kings ruled more by the edge of the Sword then by rule of Law) was Henry 3.Magna Charta 30. about the entrance of his Reign; But finding it to be an apparent overthrow of Commerce and Trade, and against the great Charter; made proclamation anno 16.Dor [...]. clau. an. 16. Hen. 3. n▪ 20. in all Ports of England that all Merchants might come faciendo rectas et debitas consuetudines, nec sibi timeant de malis toltis, for it had no better name then Maletolts. Statut. an 25. Ed. 1.

Some impositions being laid by Edward 1. he in anno 25. taketh them away, with promise that neither he nor his Successors should do any such thing without assent of the Parliament,Rot. Parl. 31. Edw. 1. cap. 1. & 2. granting in anno 31. to the Merchants many immunities, as release [Page] of prisage, for which they requite him with some increase of Customes, but not as imposed by his own power: For he in anno 34. declareth that no tallage or aide should be levied without the assent of Parliament, nor nothing to be taken of Woolls by colour of Maletolt.

In Edward 2. time, it appeareth that levying of new Customes and raising of old, was the destruction of Traffique, and therefore repealeth all Maletoltes, only in anno 11, 12.Rot claus. an. 11. Edw. 2. taketh by way of Lone, and with leave of the Merchants, some former increase upon Wools, ascribing nothing to any supream power to impose.

The like did Ed. the 3.Rot. fin. 1. Ed. 3. Statute 2. Ed. 3. cap. 9. Rot Par. 6. Ed. 3. tat. 11. Ed. 3. cap. 1. anno 1. confirming in anno 2. the great Charter for free traffique: but having about anno quinto granted certain Commissions for a new kind of raising tallage, the People complained the year following, whereupon he repealed the said Commissions, and promiseth never to assess any, but as in time of his Ancestors. After in anno 11. by reason of a Statute then made (restraining all men upon pain of death for transporting any Wools without licence from the King and Councel) Edward the third made great advantage by selling of Dispensations of that Law, and grounded upon it many impositions; but it grew so heavy upon the People,Ro. Almaign. 12. Edw. 3. memb. 22. indors. that their discontentments so far increased, that the King was enforced to cause the Arch-bishop of Conterbury to perswade [Page] them to patience by his Godly exhortations, yet notwithstanding he continued by gentle intermissions the advantage he had by that late undecimo, taking an improvement of Custome for opening the passage that thereby was shut in anno 13.Stat. 1 [...]. Ed. 3. Rot. Parl. 1. Edw. 3. Stat. 14. Edw. 3. until the same year the State made purchase of their former freedome, and discharge of the Malotolt, by granting the tenth sheafe and fleece &c.

And thus it continued all his reign, being a time of great necessity and expence by reason of his Wars, he sometimes taking an advantage either to raise an imposition, or else to gain aide from the People in discharge thereof, they continually urging the injury in barring them their birth-right: And the King on the other side the greatness of his own occasions, and it may be gathered by Record, that thus it held on until the 15. Richard 2. in which year is the last petition against impositions, generally grounded in likelyhood from the Kings power in restraining or permitting trade all the time after;Licencegranted by Henry 4. Henry 5. Henry 6. to many Merchants with non obstante any statute. though licences with non obstante were ordinary, yet were they to private persons and for particular proportions of Commodities, whereby the Kings succeeding raised no less benefit then by sale of any general permission. To this of imposition I may add the rule I find, anno 12. Henry 6.Ordinat. Concil an. 12. Hen. 6. made in Councel, that the value of all goods for the payment Subsidie, shall be [Page] rated of Commodities domestique as they may be sold between Merchant and Merchant: And if forreign, then so it shall appear upon Oath of the Merchant or his Factor, they stood them in at the first;Merchants. and the general Maxime which limits all regall advantage upon trade of Merchants is, ut Causa honesta sit et necessaria, ratio facilis, tempus idoneum.

3. Farming out of Customes.

So did Edward 3. with the new and old Customes at London for 1000.Clau. anno. 5. Edw. 3. Original. 17. Edw. 3 rot. 2. Markes monethly to be paid unto the Wardrobe. The like he did anno 17.

Richard 2. anno 20. letteth out for term of life the Subsidie of Cloth in divers Countries.

And Edward 4. anno 1. the subsidie and usuage of Cloth.

Thus did Henry 8. with his Customes, and since his time, the late Queen, and our now Soveraign Master; and it was so then in use in the best governed State Rome, which let out portions and decim's to the Publicans.

KIngs raise money, and improve the Revenues of the Crown.

[Page] By Regalities;

1. Temporal, as for

Liberties.

Penalties of Lawes,

Letters of Favour.

2. Mixt.

Liberties.

In granting, restraining or renewing them. It is a course usual, that Kings have raised in money by calling in question the Charters and Liberties of Corporations, Leets, Free-Warrens, and other Royalties.

Thus did Richard 1.Ex Rod. cogshal. proclaiming, Quod omnes chartae et confirmationes, quae prioris sigilli impressione roberaverint, irritae forent nisi posteriori sigillo roborentur.

And Henry 3. anno 10. enjoyned all qui suis volebant Libertatibus gaudere, ut innovarent chartas suas de novo Regis sigillo, getting money thereby.

Edward 1. by divers Commissions with articles (called Articuli de Ragman) annexed to them,Rot. Ragman. an. 7 Ed. 7. Rot. Quo warranto 8. Ed. 3. called in question about anno 70. all the liberties and freedomes of England; Gilbert de Thorneton his Attorney putting information by Quo warranto against all persons, as well bodies Politick as others; whereby they were inforced anew to renew their Charters and Fines for their Liberties.

The like was in anno 13.Rot. Warranto 13 Edw. 3. Edward 3. in whose time anno 9. all clauses of allowances by Charter of Amerciaments, Fines, &c. imposed by the Kings Ministers upon any of the Tenants, of other men were adjudged [Page] void, and the penalties made payable to the Kings Officers, unless they made a new purchase of their Liberties. And this was one of the usualest and easiest meanes to raise money from the People; because it lighteth onely upon the best abilities. And if there were now but 20. l. taken of every Corporation; of every person that holdeth by Charter his Liberties 5.l. for renewing them: and of every one that claimeth by prescription 10. l. for purchase of a Charter, all which would be easie and acceptable, it would amount to above 100000. l.

For penal Lawes that have been sometimes but with ill success wrought upon.

When Richard 2.Instructio original. 22. Rich. 2. anno 22. began this course, appointing in all his Commissions and instructions, Bushey onely to be of the Quorum for compounding with the Delinquents, it wrought in the affection of his People such distaste, that it grew the death of the one, and deposition of the other.

No less fatal was the like to Empson: Process con. Dudley an. 1. Hen. 8. and there is no string will sooner j [...]rre in the Common-Wealth then this, if it be generally touched.

For Letters of Fav [...].

Either for mitigation of dispatch of Justice.

Of the first sort there be many found [Page] in Henry 6. and Edward 4. time, sometimes of protection, although by course of the Common Law none are warrantable but to such as are going in obsequium Regis, or ibidem moraturi, sometimes freeing men from Arrests by calling them up to appear before the Kings Councel: Sometimes in causes highly criminal releiving the Prisoner, in commanding the Judges to make stay of all proceeding upon supposal of indirect practises until the King was better informed.

Of the second sort there are many in Henry 7. time,Lib. aquitanc. inter Hen. 7. & Dudley. where the King hath taken money for writing to the Judges of Assize his Letters of Favour.

For Offices.

Thus did King John with the Chancellor-ship, selling it for term of life to Gray for 5000. Markes: divers offices now in the gift of the Master of the Rolls were engaged to the Chancellour and Treasurer of England, as are to be found in Record of Henry 4. Henry 5. and Henry 6. to be passed by warrant of the Kings hand, and upon some consideration. And Henry 7. renewed this course, using Dudley as his instrument to compound with Suitors of those and any other places.

And by that Record we find the Chancellor, the Chief Justice, the Keepers of most of the Records, the Clerks of the [Page] Assizes and Peace, the Masters of his Game and Parks, and what else carrying either profit or reputation, paid to the King some proportion of money for their places. Neither is this different from the course of other States. For in France Lewis 12.Emilius in vita Lewis 12. called the Father of his Country, did so with all Offices not being of Judicature, which his Successors did not forbear. In Spain it is usual, and Vasqui the Spanish Advocate defendeth the lawfulness of it:V [...]s. cap. 40. ex instructione Caroli 5. to Ph. l. 2. And Charles the fifth prescribeth it to his Son, as a rule in his last instruction, drawing his ground of reason and conveniency, from the example and practise of the See at Rome. The like might be of all inferiour promotions that are or may be in the Kings gift, whether Ecclesiastical or Temporal, if they were after the true value in profit and reputation listed into rankes, according to the several natures of their imployments respectively.

For Honours.

And that either by Power legal or Election.

Of the first it is only in respect of Land, whereby every man is to fine when the King shall require, that hath ability to be made a Knight and is not, of this sort there be plenty of Examples.

The other out of choise and Grace, as Hugo de Putiaco Bishop of Durham, was by [Page] King Richard 1. created Earl of Northumberland for a great sum of money: And I doubt not but many of these times would set their ambition at as high a price. And for his Majesty now to make a degree of honour hereditary, as Barronets, next under Barons, and grant them in tail, taking of every one 1000. l. in fine, it would raise with ease 100000. l. and by a judicious election be a meanes to content those worthy persons in the Common-Wealth that by the confused admission of many Knights of the Bath held themselves all this time disgraced.

For the Coine and Bullion.

By which although some Kings out of a last shift, have seemed to relieve themselves, yet was it in truth full of danger and distrust to the Common-wealth; being an assured token of a bankrupt state: and to the Prince in conclusion, of most disadvantage. For the Revenues of the Crown being commonly incertain Rents, they must in true value, howsoever in verbal sound, be abated to the proportion that the Money shall be abased. And every man will rate his Commodity in Sale, not according to the accompt of pence or pounds, but to the weight of pure Silver contained in the currant money. As for example, That which was before the dec [...]ying of the Coine worth five shillings [Page] the pouud weight, will (if the allay be to the half) be held at ten shillings; and so in every proportion respectively. For money is not meerly to be esteemed in respect of the Sculpture or Figure; but it must value in pecunia quantum in massa: And Silver is a Commodity as other Wares, and therefore holdeth his estimation as they do according to the goodness. And the Lord Treasurer Burleigh in Anno 1561. when the currant of State-Councel affected an abasement of Coine, after a grave deliberation advised the Queen from it, and never would give way to any such resolution in his time. But that benefit which truly the King might more make of Bullion then now he doth, is to erect again Cambium Regis his own exchange. An office as antient as before Henry 3. and so continued unto the middle of Henry 8. the profit of it being now ingrossed among a few Gold-Smiths, and would yield above 10000. l. a year if it were heedfully regarded, and then should the King himself keep his Mint in continual work, and not stand at the devotion of others to supply Bullion, and should never want, the materials, if two things were observed: The one to permit all men bringing in Bullion, to trade outward the value thereof in domestick Commodities at an abated Custome.

The other to abate the mighty indraught of forreign manufactures, and unnecessary Wares, that the outward trade [Page] might over-balance the inward, which otherwise will (as it hath done) draw on this desperate consumption of the Common-Wealth: Which anno 27. Edward 3. was otherwise, for then the Exitus exceeded the Introitus by far, and in the last times of the late Queen as in anno 1573. For at this time the unmeasurable use of luxurious Commodities was brought in (as Wines,Ex Scacar inter rememb. Regis 27. Ed. 3. Spices, Silk, and fine Linnens, &c.) for of the latter sort of above ten groats the Ell there is above 360000. l. yearly spent, which is half the value of our cloths transported, maketh the State to buy more then they do sell, whereas a good Father of a family ought to be vendacem and not emacem. Besides the condition of our People is now such, that the greater part neither get nor save, which in a private house is an apparent argument of ruining, and must be no less in a Common-Wealth. And it is observed generally, that hence the want of Bullioin now is such, that there is not money in Specie sufficient to pay the lenders their principal, so that usury is paid for money upon supposition, and not really.

If then his Majesty shall be pleased by advise of his Councel, to advantage himself any otherwise by coinage, it will be safer to do it upon a simple mettal, then by any implyant or beater suite, which well governed States both modern and antient used: For Rome in her increase and greatest [Page] pitch of glory had their money aere argento, auro puto puro, and so have all the Monarchies absolute at this day in Christendome. And I believe it may be wrought to his Majesty of good value, and to the State of much ease, if it may be put in practise with discreet caution and constant resolution; for the danger onely may be in the venting of the quantity, which may clogge the State with useless money, or extension of the example, which may work in by degrees an embasement of Bullion.

The proportion that I would hold beneficial and safe, should be in the Mass, at first 120000. l. by which his Majesty should gain 10000. clearly: the increase annual 12000. l. in which his Majesty should gain 1000. And the limitation, that none be enforced to take any but in summes under 20 s. and then but the twentieth part proportionably.

Against this some may object, that it will either not advantage the King so much as it projected, either from the difficulty in venting, or facility in Counterfeiting, or else prejudice the estate with a worthless money.

The benefit to the King will easily fall out, if he restrain Retailers of victual and small Wares from using their own tokens, for in and about London, there are above 3000. that one with another cost yearly 5. l. apiece of leaden Tokens, whereof the [Page] tenth remaineth not to them at the years end, and when they renew their store, which amounteth to above 15000. l. And all the rest of this Realm cannot be inferiour to the City in proportion. And the form and figure may with an Engine so subtilly be milled, that the charge will prevent all practise of false play.

For the prejudice since London, which is not the 24. part of the People of the Kingdome, had in it found above 800000. by a late inquiry by order of the late Queen, and so falleth out to be 2 d. a person, in the intire state it may nothing, either of loss by the first uttering being so easie, nor burthen any with too great a Mass at a time, since continual use will disperse so small a quantity into so many hands. But on the other side will be to the meaner sort (except the Retailers that made as much advantage formerly of their own Tokens, as the King shall now) of necessary use and benefit: For the buyers hereafter shall not by tyed to one Seller and his bad Commodities, as they are still, when his tokens, hereafter made currant by authority, shall leave him the choise of any other Chapman; and to the Poor in this time of small charity, it will be of uch relief; since men are like to give a farthing Almes, that will not part with a greater sum.

Besides, it cannot but prevent much waste of Silver, that is by the minting pence and [Page] half pence occasioned, there will be no cause hereafter to cut any Bullion into proportion so apt for losse: what that hath been may be conjectured, if we mark but of the great quantities from the peny downward since Henry 8. time stamped, how few remain: whereas of all the Coines from three pence upward which are manual, plenty pass still in dayly payment.

Regalities mixt.

As for restitution of the temporalities of Abbots and Bishops.

For which Henry 7. received great sums.

Corrodies in Cathedral Churches.

And having in every Cathedral and Collegiate Church, as incident to his Crown a Corradary, made money of it, at the highest rate he could.

Vacancy of Bishopricks.

The benefit at the vacancy of any Bishop some Kings have used to their best advantage, making a circular remove of as many as in reputation and profit was inferiour to the place void.

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Concurrent Jurisdiction as the Pope had in former times.

Besides, there are two of no mean commodity.

The one is grounded upon a concurrent Jurisdiction with every Ordinary in the Diocess, which the King by having the power Papall in that point invested in him by Act of Parliament, may exercise by his Commission, or otherwise remit to the Ordinary for some valuable respect.

Thus did Cardinal Woolsey with Warham the Arch-bishop,Ex composit. original. inter Ca [...]d. Woolsey, & Archiep Cant dated 14. Hen. 8. and all other the Bishops of the Kingdome, after he had got his Legative power. And this if it were put in practise would draw to the King 20000. l. in his Coffers.

Tenths of the Church-Lands now in the Laity.

The other is the short account yielded the King of such Ecclesistiacal tenths and duties, as were often or Annually paid unto the Pope in former times, and now by Statute invested in the Crown: for in former times the See of Rome received them not, as only out of the meer Spiritualities, but also from out of all the Temporalities of Spiritual persons; which Land being now divided from the Church into the hands of the Laity; yet ought they to pay this duty, since they were settled in the Crown by a former Law, and no subsequent ever hath discharged them.

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AN ANSVVER TO CERTAIN ARGUMENTS Raised from Supposed Antiquity, And urged by some MEMBERS of the lower HOUSE of PARLIAMENT, To prove that Ecclesiastical Laws, Ought to be Enacted by Temporal Men.

Written by Sir ROB. COTTON Knight and Barronet.

LONDON: Printed in the Year 1672.

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AN ANSVVER TO CERTAIN ARGUMENTS Raised from Supposed Antiquity, And urged by some Members of the Lower House of PARLIAMENT, To Prove that Ecclesiastical Lawes Ought to be Enacted by Temporal Men.

WHat, besides self-regard, or siding faction, hath been the main reason of the lower Lay-house labour in Parliament, to deal with Lawes of the Church, the milder Members have yielded a Right which they would maintain by former [Page] Presidents, raising the same from

1. Primitive use.

3. Reasons out of President.

2. Middle practise.

3. Interrupted continuance.

Professing the same by the Laws of

1. The Roman Empire.

1. Imperial constitutons.

2. The Saxon Kings.

2. Saxonlaws.

3. The English Parliaments so to do.

Acts in Parliament

Which since it may raise a prejudice to the Church's peace, or to the Soveraign's power, unopposed; I will make way (in a word or two) to the better answer of some other Pen. What they say is not to be denied, that in course of civil Laws under the Christian Emperours, there be often constitutions Ecclesiastical; and in the Councels of the Church (frequent) the Soveraign's power, and sometimes the presence of lay-Ministers; yet may their assertion admit to the first, this answer of Justinian; Justinian. Principes, Sapientes, Episcoporum monita, pro fide & Religione Christiana, Leges Synodicis Canonibus conformes edidere, recte judicantes, Sacerdotum Sanctiones merito Majestatis Regiae nuturoborari. So that those decrees of the Civil Lawes,Tripartita Historia. will prove but confirmative of former Canons, as may be gathered by that of Volentinian and Martian. Emperours, who wrote unto Paladius, their Praefectus Pratorii, that all constitutions, that were against the Canon of the Church should stand void. And to the second, that their presence was to dignifie, and not to dispute; the direction [Page] proveth,Distinct. 196. 1. that the Emperor Theodosius gave to Candidianus an Earl, by him to the Ephesian Councel sent; Non ut Quaestiones seu Expositiones communicaret, cum sit illicitum quia non fit in ordine sanctissimorum Episcoporum, Ecclesiasticis tractatibus intermisceri. And Valentinian the elder, though petitioned by the Bishops to be present at their Synod,Nicep. lib. 11. said; Sebi, qui unus e Laicorum numero esset, non licere hujusmodi negotiis se interponere. And by the Council of Carth. and Affrican, Concil. Ca [...]h. Affric. likewise it appeared; that even Princes would intermeddle with these matters; but Saepius rogati ab Episcopis. And the Emperor Gratian taught, as Zozimus Zozimus. saith, Omnes Laicos nihil potestatis inres Ecclesiasticas posse sibi vindicare. And the former Emperor. enacted; In causa Ecclesiastici alicujus ordinis cum judicare debere, qui nec manere impar est, nec jure dissimilis, Ambros. l 5. Ep. 32. Sacerdotes de Sacerdotibus judicare. According to that Saying of Constantine the Great;Russ [...]us Ec. clef. hist. l. [...]. Vos enim a Deo nobis dati estis Dii, & conveniens non est ut homo judicet Deos. Thus then stood the practice of the primitive Church; which when it was in those times otherwise, as under Constantius the Arrian, Athanas. saith of him; Haereseos veneno imbutos milites, Athan. Epist ad solit. vitam agent. Sicarios, Eunuchos Comites, faciebat Sacerd. Judices, & cogebat umbratiles Synodas, quibus ipse cum monstris illis praesiperet. Whereas otherwise that Emperor, even in the height of Pagan Greatness,Dionysius H [...]lic [...]rn. ascribed to their Pontifices and Sacerdotes in Common Right, Propter Religionem comitia [Page]habere propria, and that Stabili Sententiâ rarum erat, quod tres Pontifices communi decreto statuissent

The second Objection. Ecclesiastical Laws enacted in Parliament.

To the second, as it is in the former true, that many Canons of the Church are interlaced with the Common-wealths, although the Saxon Laws,Saxon Laws. and that the establishment should be by Parliament, which they infer out of the Frontispian, of Inas Statutes in these words: Ego Inae Rex, ex tractatione Episcoporum, Leges Inae. et omnium Aldermannorum meorum, & seniorum sapientu [...] Regni mei, & confirmatione Populi mei; do ordain &c. Yet may receive this answer. First, that the Commons did but confirm and not dispute; which to this day is in their summons comprized only ad consuet udinen. But whosoever shall collate the transcript copy with the original, called Textus Roffensis, will find these ordinances,Textus Roffensis. not called Leges but Synodalia, and almost all by the King and Church-men onely made. Neither was it new in this Isle that Priests directed alone the government, when as the best Record of our eldest memory saith, that the Druides, (a religious Pagan order) not only divinis intersunt, Religiones interpretantur, but de omnibus (as Caesar saith) controversis publicis privatisque confirment, sive de heridet amento, sive de finibus, & praemia & [Page]paenas constituunt. And if any, sive privatus, aut populus decreto eorū non stererit, sacrificiis interdicunt. And this excommunication amongst them, was paena gravissima. Neither did the times of Christianity here bereave the Church of all such will. For in the Saxon time they intermedled in the framing of the Temporal Lawes, and ought, as appeareth by an Ordinance of that time de Officiis Episcopi: Cum seculi judicibus interesse ne permittent si possint, Leges Regum Saxorum. ut illinc aliqua pravitatum germina pullulaverint. And surely, since these time until of late, the inferiour Ministers of the Church,Eulogium. All the Clergy members of Parliament proved by Record. aswel as Bishops, had suffrage in Parliament. For John de Rupescissa (a story as old as King John's time) saith, Anno 1210. Convocatum est Parliamentum Londoniae, Presidente Archiepiscopo cum toto Clero. & tota secta Laicali. Rot. Parl. 18. Edw. 3. And in the 8. of Edward the 3. the Members of Parliament defective in their appearance, the King chargeth the Arch-bishop to punish the defaults of the Clergie, as he would the like touching the Lords and Commons. And in third of Richard the second,Rot. Parl. an. 3. Rich. 2. against a Petition in Parliament contradicting Provisions, the Prelates and whole Clergy, make their protestations; And to a demand of the Lay-Commons, for the King's aide the year following,Rot. Parl. an. 4. Rich. 2. the whole Clergy answered, that they used not to grant any but of their free will. And in the eleventh of the same King,Rot. Parl. an. 11. Ri. 2. 11. [...] the Archbishop of Canterbury made openly in Parliament [Page] a solemne protestation for himself, and the whole Clergie of his Province, entered by word; the effect whereof was, That albeit they might lawfully be present in all Parliaments, yet for that in those Parliament matters of treason were to be intreated of, whereas by the Canon law they ought not to be present, they therefore absented themselves, saving their liberties therein otherwise.

And in the 21.Rot. Parl. an. 21. Rich. 2. n. 9. & 10. of Richard the 2. for that divers judgements were heretofore undon; for that the Clergie were not present; the commons prayed the King, that the Clergie would appoint some to be their common Proctor, with sufficient authority thereunto. The Bishops and Clergie therefore being severally examined, appointed Sir Thomas Piercy their Proctor to assent as by their Instruments appeareth.

And the same year,Rot. Parl. an. 21 Rich. 2. n. 51. upon the devise of Sir Thomas Bussey, most of the Bishops and Lords were sworne before the King again, upon the Cross of Canterbury, to repeal nothing in this year enacted. So did sundry the Proctors of the Clergy, and most of the Commons, by holding up one of their hands, affirmed that they the same would do.

In the judgement of the Duke of Norfolk, 2. Ric. 2. n. 58. and Earl of Warwick the same year, the name and assent of the Procurator of the Clergy alleadged.1. Hen. 4. And in the first of Henry 4. the Bishop of Assaph, for Arch-bishop [Page] and Bishops; the Abbot of Glassenbury, for all Religious Persons; the Earl of Gloucester, for Dukes and Earls; the Lord of Barkley, for Barons and Barronets; Sir Thomas Irpingham Chamberlain, for Batchelors and Commons of the South; Sir Thomas Gray, for Batchelors and Commons of the North; Sir William Thirming and John Mekham Justices, for the whole Estates, came to the Tower to King Richard to whom Sir William Thirming, for and in the name of them all, pronounced the sentence of deposition, and the words or resignation of homage and loyalty.

And when it was enacted anno 6. Henry 6. by the King,Rot. Parl an. 6. He. 6. n. 27. Lords Temporal and Commons, that no man should contract or marry himself to any Queen of England, without the special licence and assent of the King, on pain to lose all his Goods and Lands; The Bishops and all the Clergie to this Bill assented, so far as it was not against the Law of God. And thus far for answer to the second part.

The third Reason. Ecclesiastical Lawes enacted in Parliament.

The last, which they granted from Presidents, Parliaments since the Conquest, they infer out of the Phrase, and out of the practise; The first by these words: Rex Wintoniae celebravit magnum Concilium coram Episcopis, William M [...]lmesbury. Comitibus, & Baronibus, mistaking [Page] the word, as intending a Provincial Synod, whereas it was in those dayes equal and usual for their Parliament, that French Phrase never having admission in that sence here untill the time of Henry 2.Lib. Ecclesiae Cantuar. and then but rarely. That great assembly being formerly instiled Magnum Consilium; and until of late often enjoyed the same name. And this is evident out of the words of Benedictus Abbas in the life he wrote of the 2.Vita Hen. 2. 2. Henry; Circa festum sancti Pauli, venit Dominus Rex usque Northampton, & magnum ibi celebravit Consilium de Statutis Regni sui coram Episcopis, Comitibus Baronibus terrae suae, & per Consilium Militum & hominum suorum. Here the intent manifesteth the nature of that assembly, and the fuller, in that the same Author in the same year, saith, that Richardus Cantuar. Archiepiscopus, and Rogerus Eboracensis cum Sufraganeis suis congregatis apud Westmonasterium in Capella Monachorum infirmiorum tenuerunt Consilium; or their convocation; which had been needless if in their first, they might have done their Church-affaires.

Here might I enter into a large and just discourse, as well of the authority as antiquity of their Convocation or Synod Provincial, no less antient,Beda. as Beda mentioneth, then in the year 686. when Austin adjutorio Regis, &c. assembled in Councel the Brittain Bishops; from which unto this day there is successive Record of Councels or Convocations,Provincial Consitutions. less interrupted then of Parliament.

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Practice.

Now touching our practise to ordain in Parliaments Lawes Ecclesiastical, either meer or mixt, although it be by Record evident, yet must it admit this difference: First, that it sprung not from our dispute, or desire,Rot. Parl. but solely from the Petitions of the Church, as usual is in all the Rolls of Parliament, receiving their distinct Title from those of the Commons. And this they did to adde Seculare Brachium to their former Cannons, too weak to reach to corporal punishments; as in the fifth of Richard 2. when to suppress the Schismes, the Clergy became in Parliament the Petitioners to the Kings Laity;Claus. 5. Rich. 2. where these words of their assistance are, excluding the Commons from any Power of advice: Habita prius bona & matura deliberatione de communi Consilio ipsius Archiepiscopi, Suffraganeorum suorum, aliorumque Clericorum, super quo idem Archiepiscopus supplicavit, ut pro debita castigatione illorum qui conclusiones Schismaticas praedicare voluerint, animo obstinato dignaremur apponere brachium Regiae potestatis [...]idem. Charae [...]ntiquae B. B. And this aide was in order in the Conquerors time; who by edict commanded, that every Marshal, Episcope & Deo faceret rectum secundum Canones & Episcopales leges. Which if he doth not, after excommunication, Fortitudo et Justitia Regis adhibeatur. And [Page] this even in the Primitive Church, was thought convenient: because as Saint Ambrose saith, for the like intent, to the Emperor Valentinian; Ambrosi [...]s. Non tantas vires sermo mecus habiturus est pro Trinitate bellum gerens, quantum edictum tuum. Hence it is that at this day, the King's authority is annexed ever to the Convocation; as in the antient Church were the like decrees of Kings; as those of Eruigius ratifying the twelfth Councel of Toledo. Nemo illiciator vel contemptor vigorem his Institutionibus subtrahat, Concil. 11. Toletan. sed generaliter per cunctas Regni nostri provincias hoec Canonum instituta nostrae gloriae temporibus acta, et autoritatis debitae fastigia praepollebunt, & irrevocabili judiciorum exercitie prout constituta sunt in omnibus Regni nostri Provinciis celebres habebuntur. Si quis autem haec instituta contemnat, contemptor se noverit damnari sententia; Id est, ut juxta voluntatem nostrae gloriae, et excommunicatas à nostro caet [...] resiliat; & in super decimam partem facultatis suaefisci partibus sociandam, amittat. But that the Church-laws ever moved from the Lay-members, I take it as far from President, as it is besides nhe nature of their Commission: The Bishops and Clergy being onely called in the Writ to that service, the word being, [...]d consentiendum. Writ of summons Rot. claus. an. 22. Rich. 2. [...]. 7. to come in fide & delectione, ad declarandum Consilium & avisamentum, & ad consentiendum iis quae tunc de avisamento & assensu Cleri nostri (and not the Commons) cotigerit affirmari. But if any shall object unto me, that many Laws, [Page] as that of the Supremacy in Henry 8. time, had first the ground in Parliament; it is manifested,Archivis. Archiepis. by the dates of their Acts in convocations, that they all had properly in that place the first original. And that this was the use of old, nothing will leave it so clear, as to observe the fruitless success of the Laity, in all their endeavours to establish Ecclesiastical Laws; And this I will manifest by the Kings answer out of Record, so far as the Rolls of Parliament will admit me, successively. Until the 11. of Edward the first,Rot. Patl. 18. Edw. 1. there is no Record extant; but in that the Commons petition to the King, that a Law may be made against Usurers;Usurie. The King gave answer, that it must be remedyed, coram Ordinariis. And when they desired remedy,Vex [...]tion by Ord [...]naries. de multimodis injustis vexationibus eis factis per Officiales & alios ministros Ecclesiae; The King replyed; Cancellarius emendat in temporalibus; Archiepiscopus faci [...]t in spiritualibus. From hence there is a lack of Record near to the 8.Rot. Parl. 8. Edw. 3. of Edward 3. In which Parliament the Commons desire an Act to restrain the Clergie in their trivial citations;Citations. whereunto they received from the King but this answer onely; That the King will charge the Bishops to see it remedyed. And the first of Richard the 2.Rot. Parl. an. 1. Rich. Pecuniarie pains. 5. Rich. 2. Ecclesiastical Courts. preferring the like petition against corruption of Ordinaries, to do according to the Lawes of Holy Church. And in the fifth of the same King, they complain against abuses in Ecclesiastical [Page] Courts. Respons. The King will charge the Clergy to amend the same.

And in the 15. year, when they required an Act to declare the age of the titheable Wood;Tythes. they had for answer, The King would move the Bishops for order between this and the next Parliament.

And in the 17 of Richard 2.17. Rich. 2. n. 43. when they petiotioned for a residing learned Ministry, so as the Flock for want might not perish;Learned Ministery. they had replyed, That the King willeth the Bishops to whom that Office belongeth, to do their duties.

Henry the 4. in his second year,Rot. Par. an. 2. Hen. 4. [...]. 44. desired by the Lords and Commons to pacify the Schisme of the Church; Answereth, he will charge the Bishops to consider the same. And in his fourth year, being importuned for an Act for residency of Ministers;4. Hen. 4. replyed Le Roy command an Prelats et perentrecy ils empurvoient de remedie. And in the eleventh of the same King, to the like petition;11. Hen. 4. Respons: Ceste matiere appartient a St. Eglise et remede en la darraine Convocation.

In Parliament under the 5.Rot. Par. an. 1. Hen. 5. Henry and his first year, the King answereth the Commons petition, against oppressing Ordinaries; If the Bishops do not redtess the same, the King will.

And in Anno 3.Rot. Par. an. 3. Hen. 6. Henry 6. to a Petition that Non-Residents should forfeit the profit of their living; gave answer, that he had delivered the Bill to my Lord of [Page] Canterbury, and semblably to my Lord of York; charging them to purvey meanes of remedy.

And in the year following,Rot. Parl. an. 4. Hen. 1. to a petition that Patrons may present upon Non-Residencie; Respons: There is remedy sufficient in the Law spiritual.

Since then it is plain by these rehearsed answers, that from the Conquest, they have received but weak admittance: And by the edict of the first King William in these words,Chartae A [...]iquae B. B. a sharp restraint; Defendo et mea authoritate interdico, ne ullus laicus homo de legibus quae ad Episcopum pertinent se intromittat. And that the Saxon Synodals,Leges Saxon. are rather Canon-Laws, then Lay-mens Acts. And the practise of the primitive Church, if well understood, but a weak prop to their desire, It may not seem distastful from the King (walking in the Steps of his Ancestors, Kings of this Land) to return (as formerly) the Commons desires to their proper place, the Church-mans care. And to conclude this point in all Parliaments, as Martian the Emperor did the Chalcedon Councel;Concil. Chale. Cessat jam profana contentio; nam vere impius & sacrilegus est, qui posttot sacerdotum sententiam, opinionisuae aliquid tractandum reliquit. And with the Letter of Gods Law;Levit. 14. Qui superbicrit nolens obedire sacerdotis imperio, ex decreto Judicis morietur hono.

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THE ARGUMENT Made by the COMMAND Of the House of COMMONS (Out of the Acts of Parliament, and Authority of Law expounding the same) at a CONFERENCE with the LORDS, CONCERNING THE LIBERTIE of the person of every FREEMAN.

Written by Sir ROB. COTTON Knight and Barronet.

LONDON: Printed in the Year 1672.

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THE ARGUMENT Made by the COMMAND Of the House of COMMONS (Out of the Acts of Parliament, and Authority of Law, expounding the same) at a Conference with the LORDS, Concerning the Liberty of the person of every FREEMAN.

My LORDS,

VPon the occasions delivered by the Gentlemen, your Lordships have heard, the Commons have taken into their serious consideration the matter of the personal liberty: and after long debate thereof [Page] of on divers dayes, aswell by solemn Arguments as single proportions of doubts and answers, to the end no scruples might remain in any mans breast unsatisfyed; They have, upon a full search and clear understanding of all things pertinent to the question, unanimously declared, That no Freeman ought to be committed, or detained in Prison, or otherwise restrained by the command of the King, or the Privy Councel, or any other, unless some cause of the commitment, deteinor, or restraint be expressed, for which by Law he ought to be committed, detained or restrained: And they have sent me with other of their Members to represent unto your Lordships the true grounds of such their resolution, and have charged me particularly (leaving the reasons of Law and Presidents for others) to give your Lordships satisfaction, that this Liberty is established and confirmed by the whole State, the King, the Lords Spiritual and Temporal, and the Commons, by several Acts of Parliament, the authority whereof is so great, that it can receive no answer, save by interpretation or repeal by future Statutes: And those that I shall mind your Lordships of, are so direct to the point, that they can bear no other exposition at all; and sure I am, they are still in force.

The first of them is the grand Charter of the Liberties of England; first granted 17. Johannis Regis, and revived 9. Hen. 3: and [Page] since confirmed in Parliament above 30. times. The words are these▪ cap. 29. Nullus liber homo capiatur vel imprisonetur, aut disseisetur de libero tenemento suo, vel Libertatibus, vel liberis consuetudinibus suis, aut ut lagetur, aut exuletur, aut aliquo modo d [...]struatur: nec super eum ibimus, nec super eum mittemus, nisi per leg ale [...]udiciu [...] parium suorum, vel per legem terrae. These words Nullus liber homo, &c. are express enough. Yet it is remarkable, that Mathew Paris (an Author of especial credit) doth observe fol. 432 that the Charter 9. Henry 3. was the very same as that of the 17. of King John (in nullo dissimilis are his words) and that of King John he setteth down verbatim fol. 342. And there the words are directly, Nec [...]um in carcerem mittemus: and such a corruption as in now in the point might easily happen betwixt 9. Henry 3. and 28. Edward 1. when this charter was first exemplified: but certainly, there is sufficient left in that which is extant to decide this question: for the words are, that no Freeman shall be taken or imprisoned but by the lawful judgement of his Peers (which is by Jury; Peers for Peers, ordinary Juryes for other, who are their Peers) or by the Law of the Land: Which Law of the Land must of necessity be understood to be of this notion, to be by due process of the Law; and not the Law of the land generally: otherwise it would comprehend Bondmen (whom we call Villaines) who are excluded by rhe word [Page] liber: For the general Law of the Land doth allow their Lords to imprison them at their pleasure without cause, wherein they only differ from the Freeman, in respect of their persons, who cannot be improsoned without a cause. And that this is the true understanding of these words, per legem terrae, will more plainly appear by divers other Statutes that I shall use, which do expound the same accordingly. And though the words of this grand Charter be spoken in the third person; yet they are not to be understood of suits betwixt party and party; at least not of them alone, but even of the Kings suits against his Subjects, as will appear by the occasion of the getting of that Charter; which was by reason of the differences between those Kings and their People; and therefore properly to be applied unto their power over them, and not to ordinary questions betwixt Subject and Subject.

Secondly, the words per legale judicium parium suorum immediately preceeding the other of per legem terrae, are meant of trials at the Kings suit, and not at the prosecution of a Subject. And therefore if a Peer of the Realm be arraigned at the Suite of the King upon an Indictment of murder, he shall be tryed by his Peers; that is by Nobles: but if he be appealed of murder by a Subject, his tryal shall be by an ordinary Jury of 12. Freeholders, as appeareth in 10. Edward 4 6. 33. Henry 8. Brooke title [Page]trials 142 Stamf. pleas of the Crown lib. 3. cap. 1. fol. 152. And in 10 Edward 4. it is said, such is the meaning of Magna Charta. By the same reason therefore, as per judicium parium suorum extends to the Kings suit; so shall these words per legem terrae. And in 8. Edward 3. rot. Parl. m. 7. there is a petition, that a Writ under the privy Seal went to the Guardian of the Great Seal, to cause Lands to be seized into the Kings hands; by force of which there went a Writ out of the Chancery to the Escheator, to seize against the form of the Grand Charter, that the King or his Ministers shall out no man of Free-hold without reasonable Judgement, and the Party was restored to his Land; which sheweth the Statute did extend to the King. There was no invasion upon this personal Liberty until the time of King Edward 3. which was eftsoon resented by the Subject: For in 5. Edward. 3. cap. 9. it is ordained in these words: It is enacted, that no man from henceforth shall be attached by any accusation, nor fore-judged of Life or Limb, nor h [...]s Lands, Tenements, Goods nor Chattels seized into the Kings hands against the form of the great Charter and the Law of the Land.

25. Edward 3, cap. 4. is more full; and doth expound the words of the grand Charter; and is thus: Whereas it is contained in the great Charter of the Franchises of England, that none shall be imprisoned [Page] nor put out of his Freehold, nor of his Franchise nor free Custome, unless it be by the Law of the Land. It is accorded, assented and established, that from henceforth none shall be taken by Petition or Suggestion made to our Lord the King, or to his Counsel, unless it be by Indictment or Presentment of his good and lawful People of the same Neighbourhood where such deeds be done, in due manner, or by process made by Writs Original at the common Law, nor that none be put out of his Franchises nor of his freeholds, unless he be due brought in answer, and forejudged of the same by the course of the Law, and if any thing be done against the same, it shall be redressed and holden for none.

Out of this Statute I observe, that what in Magna Charta and the Preamble of this Statute, is termed by the Law of the Land, is by the body of this act expounded, to be by process made by Writ Original at the Common Law; which is a a plain interpretation of the words, Law of the Land, in the Grant Charter. And I note that this Law was made, upon the Commitment of divers to the Tower, no man yet knoweth for what.

28 Edward 3. cap. 3. is yet more direct; (this liberty being followed with fresh Suit by the Subject) where the words are not many, but very full and significant: That no man, of what Estate or condition [Page] soever he be, shall be put out of his Lands or Tenements, nor taken, nor imprisoned, nor disinherited, nor put to death, without he be brought in answer by due process of the Law. Here your Lordships see, the usual words, of the Law of the Land, are rendered by due process of the Law.

36. Edward. 3. Rot. Parl. n. 9. amongst the Petitions of the Commons one of them (being translated into English out of French) is thus. First, that the great Charter, and the Charter of the Forrest, and the other Statutes made in his time, and in the time of his Progenitors, for the profit of him and his Communalty, be well and firmly kept, and put in due execution, without putting disturbance, or making arrest contrary to them, by special command, or in other manner.

The Answer to the Petition, which makes it an Act of Parliament, is: Our Lord the King, by the assent of the Prelates, Dukes, Earles, Barons, and the Communalty hath ordained and established; that the said Charters and Statutes be held and put in execution according to the said Petition. It is observeable that the Statutes were to be put in execution according to the said Petition? which is, that no Arrest should be made contrary to the Statutes, by special command. This concludes the question, and is of as great force as if it were printed. For the Parliament-Roll is the true warrant of an Act, [Page] and many are omitted out of the Books that are extant.

35. Edward 3. Rot. Parl. nu. 20. explaineth it further. For there the Petition is: Item, as it is contained in the grand Charter and other Statutes, That no man be taken or imprisoned by special command without Indictment or other process to be made by the Law upon them, aswel of things done out of the Forrest of the King, as for other things; That it would please our said Lord; to command those to be delievered, that are so taken by special command, against the form of the Charters and Statutes aforesaid.

The Answer is, The King is pleased, that if any man find himself greived, that he come and make his complaint, and right shall be done unto him.

37. Edward 3. cap. 18. agreeth in substance when it saith, Though that it be contained in the great Charter, that no man be taken, nor imprisoned, nor put out of his Freehold without process of the Law: Nevertheless divers People make false Suggestions to the King himself; as well for malice or otherwise, whereof the King is often grieved, and divers of the Realm put in damage, against the form of the the said Charter, wherefore it is ordained that all they which make suggestions, shall be sent with the same suggestions before the Chancellour, Treasurer and his grand Council; and that they there find Surety to pursue their suggestions: and incur the [Page] same pain that the other should have had if he were attainted, in case that his suggestion be found evil; and that then process of the Law be made against them, without being taken and imprisoned against the form of the Charter and other Statutes. Here the Law of the Land in the grand Charter is explained to be without process of the Law.

42. Edward 3. at the request of the Commons by their Petitions put forth in this Parliament, to eschew mischief and damage done to divers of his Commons by false Accusers, which oftentimes have made their accusation more for revenge and singular benefit than for the profit of the King or of his People; which accused persons, some have been taken and sometime caused to come before the Kings Council, by Writ or otherwise, upon grievous pains against the Law, It is assented and accorded for the good governance of the Commons, that no man be put to answer without presentment before Justices or matter of Record, or by due process and Writ original according to the old Law of the Land: and if any thing from henceforth be done to the contrary, it shall be void in the Law and holden for Error.

But this is better in the Parliament-Roll, where the Petition and Answer (which make the Act) are set down at large 42. Edward 3. Rot. Parl. n. 12. The Petition [Page] Item, because that many of the Commons are hurt and destroyed by false Accusers, who make their Accusations more for their revenge and particular gaine, than for the profit of the King or his People: And those that are accused by them, some have been taken, and others are made to come before the King's Councel, by Writ or other Command of the King, upon grievous pains, contrary to the Law. That it would please our Lord the King, and his good Council, for the just Government of his People, to ordain, that if hereafter any Accuser purpose any matter for the profit of the King, that the matter be sent to the Justices of the one Bench or the other, or the Assizes, to be enquired and determined according to the Law; and if it concern the Accuser or Party, that he take his Suit at the Common Law, and that no man be put to answer, without presentment before Justices, or matter of Record, or by due process and Original Writ, according to the antient Law of the Land; and if any thing henceforward be done to the contrary, that it be void in Law, and held for error. Here, by due process and Original Writ according to the antient Law of the Land, is meant the same thing as per legem terrae in Magna Charta. And the abuse was, that they were put to answer by the Commandment of the King. The King's answer is thus. Because that this Article is an Article of the Grand [Page] Charter: The King will that this be done as the Petition doth demand. By this appeareth that per legem terrae in Magna Charta is meant by due process of the Law.

Thus your Lordships have heard Acts of Parliament in the point. But the Statute of Westminster the first cap. 15. is urged to disprove this opinion, where it is expresly said, that a man is not replevisable who is committed by command of the King. Therefore the command of the King without any cause shewed, is sufficient to commit a man to Prison. And because the strength of the Argument may appear, and the answer be better understood, I shall read the words of that Statute, which are thus: And forasmuch as Sheriffs and others, which have taken and kept in Prison, persons detected of Felony, and oftentimes have let out by Replevin, such as were not replevisable; because they would gaine of the one party, and grieve the other. And forasmuch as before this time it was not certainly determined what persons were replevisable, and what not, but onely those that were taken for the death of a man, or by commandment of the King, or of his Justices, or for the Forrest; it is provided, and by the King commanded, that such Prisoners as before were outlawed, and they which have abjured the Realm, Provers, and such as be taken with the manner, and those which have broke the Kings Prison, [Page] Theives openly defamed and known, and such as be appealed by Provers, so long as the Provers be living, if they be not of good name, and such as be taken for burning of Houses feloniously done, or for false money, or for counterfeiting the Kings Seal, or Persons excommunicate taken at the request of the Bishop, or for manifest offences, or for treason touching the King himself, shall be in no wise replevisable, by the common VVrit or without VVrit. But such as be Indicted by Larceny, by Inquests taken before Sheriffs or Bayliffs by their Office, or of light suspition, or for petty Larceny, that amonnteth not above the value of 12 d. if they were not guilty of some other Larceny aforetime, or guilty of receipt of Felons, or of commandment or force, or of aid in Felony done, or guilty of some other Trespass for which one ought not to lose Life or Member; and a man appealed by a Prover; after the death of the Prover if he be no common Thief, nor defamed, shall from henceforth be let out by sufficient Surety, whereof the Sheriff will be answerable, and that without giving ought of their Goods. And if the Sheriff or any other let any go at large by Surety, that is not replevisable, if he be the Sheriff, Constable, or any other Bayliff of Fee which hath keeping of Prisons, and thereof be attained, he shall lose his Fee and Office for ever. And if the Under-Sheriff, Constable or Bayliff of such as hath [Page] Fee for keeping of Prisons, do it contrary to the will of his Lord, or any other Bayliff being not of Fee, they shall have 3. years imprisonment, and make a fine at the King's pleasure. And if any with-hold Prisoners replevisable after they have offered sufficient Surety, he shall pay a grievous amerciament to the King; and if he take any Reward for the deliverance of such, he shall pay double to the Prisoner, and also shall be in the great mercy of the King. The answer is, it must be acknowledged, that a man taken by the command of the King is not replevisable, for so are the express words of this Statute, but this maketh nothing against the Declaration of the Commons: for they say not, that the Sheriff may Replevin such a man by Surety, Scilicet Manucaptores: but that he is bayleable by the Kings Court of Justice: for the better apprehending whereof, it is to be known, that there is a difference betwixt Replevisable, which is alwayes by the Sheriff upon Pledges or Sureties given, and Baileable by a Court of Record, where the Prisoner is delivered to his Baile and they are his Jailors, and may imprison him, and shall suffer for him body for body, as appeareth 33. & 36. Edward 3. in the title of Mainprise, plit. 12, 13. where the difference betwixt Baile and Mainprise is expresly taken. And if the words of the Statute it self be observed, it will appear plainly that it extends to the [Page] Sheriffs and other inferiour Officers, and doth not bind the hand of the Judges. The Preamble, which is the Key that openeth the entrance into the meaning of the Makers of the Law) is: Forasmuch as Sheriffs, and others, which have taken and kept in Prison persons detected of Felony. Out of these words I observe, that it nominateth Sheriffs; and then if the Justices should be included, they must be comprehended under the general word, Others; which doth not use to extend to those of an higher rank, but to inferiours: For the best, by all course is first to be named; and therefore if a man bring a writ of Customes and Services, and name Rents and other things, the general words shall not include homage, which is a personal service, and of an higher nature; but it shall extend to ordinary annual services, 31. Edward 1. droit 67. So the Statute of 13. Elizabeth cap. 10. which beginning with Colledges, Deans and Chapters, Parsons and Vicars, and concludes with these words, and others (and others having spiritual promotions) shall not comprehend Bishops, that are of an higher degree, as appeareth in the Arch-bishop of Canterbury his Case reported by Sir Edward Cook lib. 2. fol. 466. And thus much is explained in this very Statute, to the end when it doth enumerate those were meant by the word other, namely Undersheriffs, Constables, Bayliffes. Again, [Page] the words are Sheriffs and others, which have taken and kept in Prison. Now every man knoweth, that Judges do neither arrest nor keep men in Prison; that is the office of Sheriffs, and other inferiour Ministers; Therefore this Statute meant such only. and not Judges. The words are further, that they let out by replevin such as were not replevisable. This is the proper language for a Sheriff: Nay more express afterwards, in the body of the Statute: That such as are there mentioned, shall be in no wise replevisable by the common VVrit (which is de homine replegiando, and is directed to the Sheriff) nor withour Writ (which is by the Sheriff, Ex Officio) But that which receives no answer, is this: That the command of the Justices (who derive their authority from the Crown) is there equalled as to this purpose with the command of the King; aud therefore by all reasonable construction, it must needs relate to Officers that are subordinate to both, as Sheriffs, Undersheriffs, Bayliffes, Constables, and the like: and it were an harsh exposition to say, that the Justices might not discharge their own command; and yet that reason would conclude as much. And that this was meant of the Sheriffs and other Ministers of Justice, appeareth by the Recital of 27. Edward 3. cap. 3. and likewise by Fleta, a Manuscript so called, because the Author lay in the Fleet when he made the Book. [Page] For he Lib. 2. cap. 52. in his Chapter of Turns, and the Views of the hundred Courts in the Countrey, and setteth down the Articles of the charges that are there to be enquired of; amongst which, one of them is, De replegialibus injuste detentis & irreplegialibus dimissis; which cannot be meant of not bailing by the Justices. For what have the inferiour Courts of the Countrey to do with the Acts of the Justices? And to make it more plain, he setteth down in his Chapter (that concerns Sheriffs onely) the very Statute of West. 1. cap. 15. which he translates verbatim out of the French into Latine, save that he renders, Taken by the command of the Justices thus, Per judicium Justitiariorum, and his Preface to the Statute plainly sheweth that he understood it of Replevin by Sheriffs: for he saith, Qui non debent per plegios dimitti, qui non declaret hoc Statutum; and per plegios is before the Sheriff. But for direct authority, it is the opinion of Newton Chief Justice, 22. Henry 6. 46. where his words are these: It cannot be intended but the Sheriff did suffer him to go at large by mainprise: for where one is taken by the VVrit of the King, at the commandment of the King, he is replevisable; but in such Cases his Friends may come to the Justices for him if he be arrested, and purchase a Supersedeas. This Judge concludes, that the Sheriff cannot deliver him that is taken by the command of the [Page] King, for that he is irreplevisable, which are the very words of the Statute: but saith he, his Friends may come to the Justices, and purchase a Supersedeas. So he declares the very question, that the Sheriff had no power, but that the Justices had power to deliver him who is committed by the Kings command, and both the antient and modern practise manifests as much. For he that is taken for the death of a man, or for the Forrest, is not replevisable by the Sheriff; Yet they are ordiuarily bayled by the Justices, and were by the Kings VVrits directed to the Sheriffs in the times of Edward 1. & Edward 2. as it appears in the close Rolls, which could not be done if they were not baileable: and it is every dayes experience that the Justices of the Kings Bench do baile for murder, and for Offences done in the Forrest; which they could not do, if the word Irreplevisable in Westminster l. were meant of the Justices as well as the Sheriffs.

For the Authorities that have been offered to prove the contrary,Object.1. they are in number three. The first is 21. Edward 1. rot. 2. in Scrin. which also is in the book of Pleas in the Parliament at the Tower fol. 44. It is not an Act of Parliament, but a Resolution in Parliament, upon an Action there brought, which was usual in those times. And the Case is, that Stephen Rabab the Sheriff of the County of Leicester, and Warwick was questioned for that he [Page] had let at large, by Sureties, amongst others, one William the Sonne of Walter le Persons, against the will and command of the King, whereas the King had commanded him by Letters under his Privy Seal, that he should do no favour to any man, that was committed by the command of the Earl of Warwick, as that man was: VVhereunto the Sheriff answered, that he did it at the request of some of the King's Houshold upon their Letters. And because the Sheriff did acknowledge the receipt of the King's Letters, thereupon he was committed to Prison, according to the form of the Statute.

To this I answer, that the Sheriff was justly punished, for that he is expresly bound by the Statute of West. 1. which was agreed from the beginning. But this is no proof that the Judges had not power to baile this man.

The next Authority is 33.Object.2. Henry 6.in the Court of Common Pleas, fol. 28. b. 29.where Robert Poynings Esq was brought to the Bar upon a Capias, and it was returned, that he was committed per duos de Concilio (which is strongest against what I maintain) pro diversis causis Regem tangentibus, And he made an Attorney there in an Action: Whence it is inferred, that the Return was good, and the Party could not be delivered.

To this the answer is plain. First,Resp. no Opinion is delivered, in that Book, one [Page] way or other upon the Return, neither is there any testimony whether he were delivered or bailed, or not.

Secondly, it appears expresly that he was brought thither to be charged in an Action of Debt at another mans Suit, and no desire of his own to be delivered or bailed: and then, if he were remanded, it is no way material to the question in hand.

But that which is most relyed upon,Object.3. is the Opinion of Stanford in his book of the Pleas of the Crown Lib. 2. cap. 18. fol. 72. 73, in his Chapter of Mainprise, where he reciteth the Chapter of West. 1. cap. 15. and then saith thus: By this Statute it appears, that in 4. Causes at the Common Law a man was not replevisable; to wit, those that were taken for the death of a man, by the command of the King, or of his Justices, or for the Forrest. Thus far he is most right. Then he goeth on and saith; As to the command of the King; that is understood of the command by his own mouth, or his Council, which is incorporated unto him and speak with his mouth; or otherwise every Writ of Capias to take a man (which is the Kings command) would be as much. And as to the command of the Justices, their absolute commandment; for if it be their ordinary Commandment, he is replevisable by the Sheriff, if it be not in some of the Cases prohibited by the Statute.

[Page] The answer that I give unto this is, that Stamford hath said nothing whether a man may be committed without cause by the Kings command, or whether the Judges might not baile him in such Case; but only that such an one is not replevisable; which is agreed; for that belongs to the Sheriff: and because no man should think he meant any such thing, he concludes his whole sentence touching the command of the King and the Justices, that one committed by the Justice's ordinary command is replevisable by the Sheriff; So either he meant all by the Sheriff; or at least it appears not that he meant, that a man committed by the King or the Privy Council, without cause, is not baileable by the Justices: and then he hath given no opinion in this Case. What he would have said, if he had been asked the question, cannot be known: Neither doth doth it appear by any thing he hath said, that he meant any such thing as would be inforced out of him.

And now, my Lords, I have performed the command of the house of Commons, and (as I conceive) shall leave their Declaration of personal liberty an antient and undoubted truth, fortifyed with seven Acts of Parliament, and not opposed by any Statute or Authority of Law whatsoever.

[Page]

The Objections of the Kings Councel, with the Answers made thereunto at the two other conferences touching the same matter.

IT was agreed by Master Attorney General, that the seven Statutes urged by the Commons were in force, and that Magna Charta did extend most properly to the King, But he said, that some of them are in general words, and therefore conclued nothing; but are to be expounded by the Presidents, and others, that be more particular; are applied to the suggestions of Subjects, aud not to the Kings command simply of it self.

Hereunto is answered, that the Statutes were as direct as could be, which appeareth by the reading of them, and that though some of themspeak of suggestions of the Subjects, yet others do not; and they that. do, are as effectual; for that they are in qual reason; a commitment by the command of the King being of as great force when it moveth by a suggestion feom a Subject, as when the King taketh notice of the cause himself; the rather, for that Kings seldome intermeddle with matters of this nature, but by information from some of their People.

2. Master Attorney objected, that per legem terrae in Magna Charta (which is the Foundation of this question) cannot be [Page] understood for process of the Law and Original Writ: for that in all Criminal proceedings no Original Writs is used at all, but every Constable may arrest, either for felony, or for breach of the Peace, without process or Original Writ: And it were hard the King should not have the power of a Constable: and the Statutes cited by the Commons make process of the Law, and Writ Original to be all one.

The Answer of the Commons to this Objection was, that they do not intend Original Writs only by the Law of the Land, but all other legal process which comprehend the whole proceedings of Law upon the cause; other then the tryal by Jury, per judicium parium, unto which it is opposed. Thus much is imposed ex vi termini, out of the word process, and by the true acceptation thereof in the Statute have been urged by the Commons to maintain their declaration; and most especially in the Statutes of 25. Edward 3. c [...] p. 4. where it appeareth, that a man ought to be brought in to answer by the course of the Law, having made former mention of process made by Original Writ. And in 28. Edward 3. cap. 3. by the course of the Law, is rendred by due process of the Law. And 36. Edward 3. Rot. Parl. nu. 20. the Petition of the Commons saith, [...] that no man ought to be imprisoned by special command without Indictment, or other due process to be made by the Law. 37 Edward 3. cap 18. calleth the [Page] same thing process of the Law. And 42. Edward 3. cap. 3. stileth it by due process and Writ Original; where the Conjunctive must be taken for a Disjunctive; which change is ordinary in exposition of Statutes and Deeds to avoid inconveniences, and to make it stand with the rest, and with Reason, and it may be Collected, that by the Law of the Land in Magna charta; by the course of the Law in 2 5. Edward 3. by due process of the Law in 28. Ed. 3. other due process to be made by the Law 36. Edward 3. process of the Law 37. Edward 3. and by due process and Writ Original 42. Edward 3. are meant one and the same thing; the latter of these Statutes referring alwayes to the former; and that all of them import any due and regular proceeding of Law upon a cause, other then a trial by Jury. And this appeareth Cook 10. 74. in the case of the Marsha [...]c; and Cook.1.99. Sir. James Bagg's case, where it is understood of giving jurisdiction by Charter or Prescription, which is the ground or a proceeding by course of Law; and in S [...]ld [...]rs Notes ou [...] fol. 29. where it is expounded for Wager of Law, which is likewise a TRYAL at Law by the Oath of the party, differing from that of Jury: and it doth truly comprehend these and all other regular proceedings in Law upon cause, which gives authority to the Constable to arrest upon cause; and if this should not be the true [Page] exposition of these words (per legem terrae) the King's Council were desired to declare their meaning; which they never offered to do; And yet certainly, these words were not put into the Statute, without some intention of consequence.

And thereupon M. Serjeant Ashley offered an interpretation of them thus; namely, that there were divers Laws of this Realm; As the Common Law; the Law of the Chancery; the Ecclesiastical Law; the Law of Admiralty or Marine Law; the Law of Merchants; the Martial Law; and the Law of State: And that these words, (per legam terrae) do extend to all those Laws.

To this it was answered, That we read of no Law of State, and that none of those Laws can be meant there, save the Common, which is the principal and general Law, and is always understood by way of Excellency, when mention is made of the Law of the Land generally; and that though each of the other Laws which are admitted into this Kingdom by Custome or Act of Parliament, may justly be called a Law of the land; yet none of them can have that preheminency to be stiled the Law of the Land; and no Stature, Law-book, or other Authority, printed or unprinted, could be shewed to prove that the Law of the Land, being generally mentioned, was e [...]er intended of any other Law than the Common Law (and yet, even by these other [Page] Laws a man may not be committed without a cause expressed) but it standeth with the Rule of other legal expositions, that per legem terrae, must be meant the Common Law, by which the general and universal Law by which men hold their Inheritances, and therfore if a man speak of Escuage generally, it is understood (as Littleton observeth plt, 99.) of the incertain Escuage, which is a Knight [...]s serviec tenure for the defence of the Realm by the body of the Tenant in time of VVar; and not of the certain Escuage which giveth only a contribution in money, and no personal service. And if a Statute speak of the King's Courts of Record, it is meant only of the four at Westminster by way of Excellency: Cook. 6. 20. Gregories case. So the Canonists, by the Excommunication, if simply spoken, do intend the greater Excommunication; and the Emperor in his Institutions, saith, that the Civil Law being spoken generally, is meant of the Civil Law of Rome, though the Law of every City is a Civil Law, as when a man names a Poet, the Grecians understand Homer, the Latinists Virgil.

Secondly, admit that per legem terrae extend to all the Laws of the Land; yet a man must not be committed by any of them, but by the due proceedings that are exercised by those Laws, and upon cause declared.

Again it was urged, that the King is [Page] not bound to express a cause of imprisonment; because there may be in it matter of State not fit to be revealed for a time, least the Confederates thereupon make means to escape the hands of Justice: and therefore the Statutes cannot be intended to restrain all Commitments, unless a cause be expressed; for that it would be very inconvenient and dangerous to the State to publish the cause at the very first.

Hereunto it was replyed by the Commons, That all danger and inconvenience may be avoided by declaring a general Cause; as, for Treason; for suspition of Treason, Misprision of Treason, or Felony, without specifying the particular; which can give no greater light to a confederate then will be conjectured by the very apprehension or upon the imprisonment, if nothing at all were expressed.

It was further alleadged, that there was a kind of contradiction in the Position of the Commons, when they say, that the party committed without a cause shewed, ought to be delivered or bailed; bailing being a kind of imprisonment, delivery a total freedome.

To this it was answered, that it hath alwayes been the discretion of the Judges to give so much respect to a commitment by the Command of the King or the privie Councel, (which are ever intended to [Page] be done on just and weighty causes) that they will not presently set him free, but baile him to answer what shall be objected against him on his Majesties behalf: But if any other inferiour Officer commit a man without cause shewed, they do instantly deliver him as having no cause to expect their pleasure; so the delivery is applyed to an imprisonment by the command of some mean Minister of justice; bailing when it is done by the command of the King or his Councel.

It was urged by Master Attorney, That bailing is a grace and favour of a Court of Justice, and that they may refuse to do it. This was agreed to be true in divers cases, as where the cause appeareth to be for felony, or other crime expressed; for that there is another way to discharge them in convenient time, by their tryal; (And yet in those cases the constant practise hath been, antiently and modernly to bayle men) but where no cause of the imprisonment is returned, but the command of the King, there is no way to deliver such persons, by tryal or otherwise, but that of Habeas Corpus, and if they should be then remanded, they may be perpetually imprisoned, without any remedy at all, and consequently, a man that had committed no Offence might be in worse case then a great Offendor; for, the latter should have an ordinary tryal to discharge him, the other should never be delivered.

[Page] It was further said, that though the Statute of West. I. cap, 15. as a Statute, by way of provision did extend only to the Sheriff; yet the Recital in that Statute, touching the 4. Causes wherein a man was not replevisable at Common Law (namely those that were committed for the death of a man; by the command of the King, or the Justices, or for the Forrest) did declare that the Justices could not baile such an one, and that Replevisable and baileable were Synonyma, and all one. And that Stanford (a Judge of great authority) doth expound it acordingly; and that neither the Statute not He say replevisable by the Sheriff, but generally without restraint; and that if the Chief Justiee committed a man, he is not to be enlarged by another Court, as appeareth in the Register.

1. To this it was answered; First, that the Recital and Body of the Statute relate only to the Sheriff, as appeareth by the very words.

2. That Replevisable is not restrained to the Sheriff; for that the word imports no more, that a man committed by the Juftice is baileable by the Court of the King [...]s Bench.

3. That Stamford meaneth all of the Sheriff, or at the least he hath not sufficiently expressed that he intended the Justices.

4. It was denyed that Replevisable and [Page] Baileable are the same: For, they differ in respect of the place where they are used, Bail being in the King's Courts of Record, Replevisable before the Sheriff. And they are of several Natures, Replevisable being a letting at large upon Sureties; Bailing, when one Traditur in ballium, and the baile are his Jaylors, and may imprison him, and shall suffer body for body; which is not true of replevying by Sureties. And Bail differeth from Mainprize in this, that Mainprize is an undertaking in a sum certain, Bailing to answer the condemnation in civil Causes, and in criminal body for body.

And the Reasons and Authorities used in the first conference were then renewed, and no exception taken to any, save that in 22. Henry 6. it doth not appear that the Command of the King was by his mouth (which must be intended) or by his Councel (which is all one, as is observed by Stamford) for the words are, that a man is not replevisable by the Sheriff, who is committed by the Writ or Commandment of the King.

21. Edward 1. Rot. 2. dorso was cited by the Kings Counsel, But it was answered, that it concerned the Sheriff of Leicestershire only; and not the power of the Judges.

33. Henry 6. the King's Attorney confessed was nothing to the purpose; and yet that Book had been usually cited by [Page] those that maintain the contrary to the declaration of the Commons;No. and therefore such sudden opinion as hath been given thereupon is not to be regarded, the Foundation failing.

And where it was said, that the French of 36. Edward Rot. Parl. n. 9. (which canreceive no answer) did not warrant but what was enforced thence; but that these words, (Sans disturbance metter, ou arrese faire,& l'encontre per special mandement on en autre manere) must be understood, that the Statutes should be put in execution without disturbance or stay; and not that they should be put in execution without putting disturbance or making arrest to the contrary by special command, or in other manner. The Commons did utterly deny the interpretation given by the Kings Councel; and to justifie their own, did appeal to all men that understood French, and upon the seven Statutes did conclude, that their Declaration remained an undoubted truth, not controuled by any thing said to the contrary.

[Page]

The true Copies of the Records not printed which were used on either side in that part of the deba e.
Inter. Record. Domini Regis Caroli in Thesaurar. recep. [...]. sui sub Custodia Domini Thesaurar. & Camer. ibidem remanen. videlicet Plac. coram ipso Domino Rege & Concilio suo ad Parliamentum su [...]m post Pasc. apud London in Ma [...]erio Arch [...]piscopi Ebor. Anno Regni Domini Regis Edwardi 21. int. al. sic. continetur ut sequitur.

Rot. Secundo in Dorso.

STephanus Rabar.Vic. Leicester. Vic. Leic. & Warr. coram ipso Domino Rege & ejus Concilio arrenatus & ad rationem positus de hoc quod cum Johan. Boutet [...]urte, Edw. Del Hache, & W. Havelin nuper in bal. ipsus Vic. per Dominum Regem fuissent assignat. ad Goales Domini Regis deliberand. idem Vic. quendam Wi [...]hel. de Petling per quendam Appellatorem ante adventum eorum justic. ibidem appellatorem & Captum vivente ipso Appellatore usque diem de liberationis coram eis sact. dimisit per plevinam contra formam Statuti &c. Et etiam quendam [Page] Radum de Cokehal, qui de morte horninis judicatus fuit, & per eundem Vic. Captus, idem Vic. per plevinam dimisit contra formam Statuti, & etiam eundem Radum fine ferris coram eisdem Justic. ad deliberationem praed. produxit contra consuetudinem Regni. Et sci. quendam Wilh. fllium Walteri la persone, qui per praeceptum Com. War. Captus fuit, per plevinam contra praeceptum Domini Regis, cum idem Dominus Rex per literas suas sub privat. sigillo suo eidem Vic. praecepit quod nulli per praecept. praed. Com. War. capt. aliquam gratiam faceret &c. Et super hoc praefat. Johannes Botetourte, qui praesens est, & qui fuit primus Justic. praedictorum praemissa recordatur. Et praedicuts Vic. dicit quoad praedictum Wilh. de Petling, quod ipse nunquam a tempore Captionis ipsius Wilh per praed. Appellat. dimissus fuit per plevinam aliquam ante adventum praedictorum Justic. Imo dicit quod per dimidium Annum ante adventum eorundem Justic. captus fuit & semper detent. in prisona absque plevina aliqua quousque coram eis damnat. fuit. Et quoad praedictum Radum bene cognoscit quod ipse dimisit eum per plevinam, & hoc bene facere potuit ratione & authoritat. Officii sui, eo quod capt. fuit pro quadam simplic. transgr. & non pro aliqua felon. pro qua replegiari non potuir. Et quoad tertium, videlicet Wilh. silium persone, bene cognoscit quod ipse Captus [Page] fuit per praecept. praed. Com. War. & quod dimisit eum per plevinam; Sed dicit quod hoc fecit ad rogatum quorundam de hospitia & cur. Domini Regis &c. qui eum inde specialiter rogaverunt per literas suas. Et super hoc idem Vic. quaesit. per Dominum Regem quis eum rogavit & literas suas ei direxit,& ubi literae illae sunt, dicit quod Walt. de Langton eum per literas suas inde rogavit; Sed dicit quod literae illae sunt in partibus suis Leic. Et super hoc idem Vic. profert quoddam brev. Domini Regis de privat. Sigillo eidem Vic. direct. quod testatur quod Dominus Rex ipsi Vic. praecepit quod omnes illos trangressores contra pacem & de quibus. Com. War. ei scire faceret, caperet. & salvo custodiret absque aliqua gratia ei faciend. Et quia praed. Iustic. expresse recordatur quod ipse & socii sui per bonum & legalem inquis. de Militibus. & al. liberis. hominib. eis fact. invenerunt quod praedictus Gulielmus de Petlenge dimissus fuit per plevinam per mag-num tempus ante adventum eorund. Justic. usque adventum eorund. & per Vic. praed. & etiam quia praed. Vic. cognoscit quod praedictus Rad. dimissus fuit per plevinam per ipsum, un. & hoc dicit quod bene facere potuit eo quod captus fuit pro levi transgr. Et per Record. ejusdem Justic. comp. est quod captus fuit pro morte hominis, quod est contrarium dec. praedicti vic. & scil. quia idem vic. cognovit quod recepit literam Domini Regis per quam Rex [Page] ei praecepit quod nullam gratiam faceret illis qui capti fuerunt per praeceptum praedicti Com. Et idem Vic. contra praeceptum illud dimisit praedictum Wilh. filium Walteri per plevinam, qui captus fuit per praeceptum praedicti Com. prout idem Vic. fatetur. Et sic tam ratione istius transg. quam aliarium praedictarum incurrit in poenam Statuti, cons. est quod praedictus Vic. Committatur prisonae juxta formam Statuti &c.

Ex Rot. Paliamenti de Anno Regni Regis Edwardi tertii Tricesimo quinto n. 9.

PRimerement que le grande Charter, & la Charter de la Forreste, & les autre Estatutes faits en son temps, & de ses progenitors pur profit de luy & de la come, soient bien & ferment gardes, & mis en due execution sans disturbance mettre ou arrest faire, & l'ccontre per special mandement ou en autre manere.

Respons.

Nostre Sr. le Roy per assent de Prelates, Domines, Comites, Barones & la Come ad ordeine & estabili que les dits Charters & Estatutes soient tenus & mis en execution selon la dit Petition.

Nu. 2.

Item come ilsolt contenus en lagrand Charter et autres Estatutes que nul homme soit pris nemy prisoner per especial mandement sans Enditement [Page] aut autre due proces affaire per la ley, et sonent foitz ad estre et uncore est, que plusurs gentz sont empeschez, pris et imprisone sans Enditement ou autre proces fait per la ley sur eux, sibien de chose fait hors de la Forrest le Roy come per autre cause que plese a nostre dit Sr. comander et deliver ceux que sont issint pris per tiel especial mandement contre la forme des Charters et Estatutes avanditz. Respons.

Il plest au Roy, & sinulse sente greve vingne & face la pleinte, & droit luy sera fait.

33. Parl. Anno 42. Edward 3. n. 12.

Item pur ceo que plusours de vostre Come son tamerce & disturbes per faulx accusors quenx font lour accusements plus pur lour vengeances & singulers profits que pur le profit de Roy ou de son peuple, et les accuses per cux ascuns ont est pris & ascuns sont faire ven. deut le Conceil l [...] Roy per brief on autre mandement de Roy sub gra [...]de pain encountre laley, Plese a nostre Sr. le Roy & son Counceil pur droit gouvernment de son peuple ordeign que si desire ascun accusors purpose ascun matire pur prosit du Roy que cele matire soit mander a ses Justices del'un Banke ou del'autre, ou d' Assises dent enquere & terminere selonque laley, & si le touche lai onsour ou partie eit sa so [...]t a la come ley, & que null home soit mis a respondre sans presentment deut Justices, ou chose de Record, ou per due process et briefe original, s [...]lon l'ancient ley de la terre, & si rien desire enovant soit fait a l'enco [...]tre, soit voide en ley, & tenu pur Errour. Respons.

[Page] Pur ceo que ceste Article est Article de la grande Charter le Roy voet qne ceo soit fait come la Petition demande.

Ex Rot. Claus. Anno Regis Edwardi primi primom. 1.

Thomas de Clirowe de Blechweth captus & detentus in prisona North.De ponend. per Ballium. pro transgr. Forrest. habet literas Rogero de Clifford Justic. Forrest. citra Trentam quod ponatur per ballium, dat. apud S. Martium Magnum London 20. die Octobris.

M.7.

Stephanus de Li dely captus & detent. in prisona Regis pro trans. per ipsum fact. in ha. Regis de Lyndeby habet literas. Regis Galfrido de Nevil Justic. ultra Trent. quod ponatur per Ballium.

M.9.

Thomas Spademan captus & detent. in prisona Oxon. pro morte Wilh. Win. unde rectat. est & habet literas Regis Vic. Oxon. quod ponatur per ballium. ibidem.

Gulielmus de Dene, Mathaeus Crust, Roger de Bedell, Gulielmus Halfrench, Robertus Wyant, Alex. Horeux, Henric. de Shorne, Nicholaus de Snodilond, Turgisius de Hertfield, Robertus de Pole, & Richardus Galiot capti & detent. in prisona [Page] de Cantuar. pro morte Galfridi de Catiller unde appellat. sunt, habent literas Regis Vic. Canc. quod ponantur per ballium Dat. &c, 23. die Martii.

Claus. Anno secundo Edwardi primi M. 12.

Rex Rogero de Cliffi Justic. Forrest citra Trent. Mandamus yobis quod si Robertus Unwyne captus & detent. in prisona nostra de Aylesburie pro transgr. Forrestae nostrae, invenerit vobis duodecim probos & legales homines de balliva vestra qui manucapiant eum habere coram Justic. rostris ad plac. Forrest. cum in parte &c. ad stand. inde rect. tunc apud Robertum si secund. assiam. Forreste fuerit repleg. praedictis 12. interim tradit. in ballium sicut praedictum est. Et habeatis nomina illorum 12. hominum & ho. bre. Dat. 27. die Februarii.

Clauso Anno secundo Edwardi primi. M. 14.

Vnwynus de Boycot, Deponend. p [...] ballium. Gaf. de Wykenn & Hugh de Stowe detent. in prisona Regis de Aylesburie pro trangressione Venationis habuer. bre. direct. Regis de Clifford Justic. Forrest quod secundum assiam Forrest fuerint repleg. ponantur per ballium usque adventum Justic. Regis ad plac. Forreste cum in partes illas venerit. Dat. apud Codington 28. die Decembris.

[Page]

M. 15.

Gilbertus Conray de Kedington, & Hugh le Tailour de Kedington capti & detent. in prisona de secundo Edwardo pro morte Edwardi Butting, unde rectati sunt, habuerunt literas Regis Vic. Suff. quod ponantur per ballium.

Clauso Anno 3. Edwardi primi. M. 11.

Galfr. de Hayerton captus & detent. in prisona Regis Ebor. pro morte Ade le Clerc. unde rectatus est, habet literas Regis Vic. Ebor. quod ponatur per ballium. Dat. apud W. 15. die Junii.

M. 20.

Robertus Belharbe capt. & detent. in prisona Regis de Newgate pro morte Thomae Pollard. unde rectat, est, habet literas Regis Vic. Midd. quod ponatur per ballium. Dat. 28. die Februarii.

Clauso Anno quarto Edwardi primi. M. 5.

Mand. est Rad. de Sanadwico quod si Gulielmus de Pattare & Johannes filius ejus, Walterus Home, Walt. Jorven, Henricus Pothe & Gulielmus Cadegan capti & detent. in prisona Regis de secundo Brianello pro trans. Forrest unde rectati sunt, invenerunt sibi duodecim probos & legales homines de balliva sua, viz. quilibet eorum duodecim qui eos manucap. habere coram Justic. Regis ad plac. Forrest. cum [Page] in partes ill. venerent, ad stand. inde recto, tunc ipsos Willhelmum, Johannem, Walterum, Walterum, Henricum & Willh. praed. duodecim. scil. secundum assiam Forreste fuerint repleg. tradat in ballium ut praedictum est, Et habeat ibi nomina illorum duodecim hominum, & hoc. bre. T. Rege apud Bellum locum Regis 29. die Augusti.

Clauso Anno quarto Edwardi primi. M. 16.

Henricus filius Rogeri de Ken de Cottesbrook,Deponend. Par. ballium. captus & detent. in prisona nostra North. pro morte Simonis le Charetter unde appellatus est, habet literas Regis Vic. North. quod ponit. per ballium.

Clauso Anno quinto Edwardi primi. M. 1.

Mand. est Galfrido de Nevil Justic. Forreste ultra Trent. quod si Walter de la Grene captus & detent. in prisona de Nott. pro trans. Forreste invenerit sibi duodecim probos & legales homines qui eum manucapiant &c. ad stand. inde rect. secundum assiam Forreste Regis, tunc ipsum Walterum praedictis duodecim tradat in ballium sicut praedictum est. Dat. decimo sexto die Novembris.

M. 2.

Thomas de Upwel & Jul. uxor ejus capt. & detent. in prisona de VVynbole [Page] pro morte Stephani Southell unde rectati sunt habuer. liter. Vic. Norff. quod ponantur per ballium. Dat apud Rocheland 28. die Septembris.

Clauso Anno sexto Edwardi primi. M.

Bilherus Pesse captus & detent. in prisona Regis de Norwich pro morte Jul. quond. uxoris suae unde rectatus est, habet literas Vic. Norff. quod ponatur per ballium, T. Rege apud VVestmonast. 12. Novembris.

M. 4.

Mandat. est Vic. Nott. scilicet quod si Thomas de Cadrte rectatus de transg. Forrest quam fecisse dicebatur in Forresto de Shirwood, invenerit sibi sex probos & legales homines de balliva sua qui eum Reg. ad stand. rect. coram R. cum R. inde manucap. habere coram Rege ad mand. vers. eum loqui voluerit, tunc praed. Tho. praed. sex hominib. tradat in ballium juxta manucaptionem supradictam. Dat. decimo quinto die Decembris.

M. 4.

Thorn. Burell Capt. & detent. in prisona Regis Exon. pro morte Galf. Giffarde unde rectat. est, habet litteras Vic. Devon. quod ponatur per ballium.

[Page]

Clauso Anno 3. Edwardi secundi. M. 13.

Adem le Piper Capt. & detent. in Gaole Regis Ebor. pro morte Henr.Adam deponend. in ball. le Simer de Escricke unde rect. est, habet literas Regis Vic. Ebor. quod ponatur per ballium usque ad prim. assiam. T. Rege apud Westm. septimo die Febr.

M. 14.

Margareta uxor VVilh. Calbot capta & detent. in Gaole Regis Norwic. pro morte Agnetis filiae Wilh. Calbot. & Martil. soror. ejusdem Agnet. unde rectata est, habet literas Regis Vic. Norff. quod ponatur per ballium. T. Rege apud Shene 22. die Jan.

M. 18.

Johannes Frere Capt. & detent. in Gaole Regis Exon. pro morte Ade de Egelegh unde rectat. est, habet literas Regis Vic. Devon. quod ponatur per ballium. T. Rege apud VVestm. 8. die De [...]embris.

Clauso Anno quarto Edwardi Secundi. M. 7.

Robertus Shereve capt. & detent. in Gaole Regis de Colcestr. pro morte Robertile M [...]igne unde in [...]i [...]tat. est, habet literas [Page] Regis Vic. Essex, quod ponatur in ballium usque ad pri. assiam. Dat. 22. die Maii.

M. 8.

VVilh. filius Rogerile Fishere de Shurborne capt. & detent. in Gaole Regis Ebor. pro morte Roberti le Monnour de Norton unde rectatus est, habet literas Regis Vic. Ebor. quod ponatur per ballium usque ad pri. Assiam, Dat. 25. Die April.

Clauso Anno quarto Edwardi secundi. M. 22.

Thom. Ellys de Stamford capt. & detent. in prisona Regis Lincoln. pro morte Michael. filii VVilh. de Foderingey unde rectatus est, habet literas Regis Vic. Linc. quod ponatur in ballium usque ad pri. Assiam. T. Rege apud novam VVest. octavo die Septembris.

Patent. Anno octavo Edwardi pars prima membr. 14.

Rex omnib. ad quos &c. Salutem. Sciatis quod cum Georgius De Rupe de Hiber.Pro Georgio de Rupe. defunctus pro eo quod ad Parliamenta apud Dublin in Hibern. Ann. Regni Domini Edwardi nuper Regis Angl. praec. nostrivicesimo, & Anno Regni nostri secundo [Page] tenta, non venit prout summonitus fuit, ad ducentas marcas amerciatus fuisset ut accipimus, Ac Johannes filius praedicti Georgii nobis supplicaverit ut habito respectu ad hoc quod praedictus pater suus se a Parliamentis praedictis causa in obedientiae non absentavit, per quod ita excessive amerciari deberet, Velimus concedere, quod amerciamenta illa quae ab ipso Johanne ad opus nostrum per summonitionem Sccii nostri Dublin jam exigunt, juste moderentur. Nos volentes cum eodem Johanne gratiose agere in hac parte, Volumus & concedimus quod decem librae tantum de praedictis ducentis marcis ad opus nostrum ex causis praemissis leventur; Et praefatum Johannem de toto residuo earundum ducentarum marcarum tenore praesentium quietamus. In Cujus. &c. T. Rege apud Novum Castrum super Tynam.

Per Petitionem de Concilio apud Novum Castrum super Tynam.

Et mandat. est Thomae & Camerar. de Sccio. Dublin quod praedictas decem libras de praedictis ducentis marcis de praefato Johanne ad opus Regis levent, & ipsum Johannem de toto residuo inde addict. Sccam. exonerari & quietum esse fact. T. ut supra.

Per eandem Petitionem

[Page]

Patent. vicesimo septimo Edwardi tertii pars prima membr. 13.

Rex omnibus ad quos &c. Salut. Sciatis quod de gra.Pro Iacobo de Audele de non veniendo ad Parliamenta. nostra speciali Concessimus pro nobis & hered. nostris dilecto, & fideli nostro Iacobo Daudle de Helegh quod ipse ad to tam vitam quietus sit de veniendo ad Parliamenta & Conciiia nostra & hered. nostrorum ac etiam ad congregationes Magnatum & procerum ad mandata nostra vel heredum nostrorum ubicunque faciend. Ita quod idem Jacobus, quoad vixerit ra [...]ione non adventus sui ad Parliamenta, Concilia, seu Congregationes hujusmodi, seu Personalis Comparationis in eisdem per nos vel heredes nostros aut ministros nostros quoscunque non impetatur, occasionetnr aliqual. seu gravetur. Concessimus insuper pro nobis & [...]ered. nostris praefato jacobo quod ipse toto tempore vitae suae ad laborand. de guerra in servitiis nostris vel hered. nostrorum seu ad homines ad arma, hobelarios, vel sagitarios in hujusmodi servitiis ex nunc inveniend. extta Regnum nostrum Angl. nisi cum Regale servitium nostrum aut heredum nostrorum summonitum fuerit, contra voluntatem suam nullatenus Compellatur, nec ea de causa aliquali er impetatur, Ita semper quod idem Jacobus cum hominibus ad arma & aliis armatis pro defensione Regni nostri Angl. infra idem Regnum quoties aggressus inimicorum [Page] nostrorum aut aliud periculum vel necessitas eidem Regno immineant una cum aliis fidelibus nostris ipsius Regni proficiscat. & homines ad arma, hobelar. & sagittar. juxta statum suum sicut Caeteri de eodem Regno ea de causa invenire teneatur. In Cujus rei &c. T. Rege apud West. 20. die April.

per ipsum Regem.

Patent. 42. Edwardi. 3. part. secunda mem. 13.

Rex omnibus Ball.Pro Roberto de Insula milite de nonv [...] endo ad Parliament. & fidelibus suis ad quos &c. Salutem. Sciatis quod de gra. nostra speciali concessimus pro nobis & hered. nostris dilecto & fideli nostro Roberto de Insula mil. fil. & heredi Johannis de Insula, quod idem Robertus ad totam vitam suam hanc habeat libertatem, videlicet, quod ad Parliamenta seu Concilia nostra vel hered. nostrorum ex quacunque causa venire minime teneatur. Et quod ipse in aliqua Jurata, attincta aut magna Assisas nos vel heredes nostros tangent. aut aliis Juratis, attinctis aut assizis quibuscunque non ponatur &c. Et ideo Vobis mandamus quod praedictum Robertum contra hanc concessionem nostram non molestetis in aliquo seu gravetis. In Cujus &c. T. Rege apud West. 24. die Novembr

per breve de privato Sigillo.

[Page]

Pat. 34. Henric. sext. membr. 23.

Rex omnibus ad quos &c. Pro Rich. Duce Ebor. de tenend. Parliamentum nomine Regi [...]. Salut. Sciatis quod cum pro quibusdam arduis & urgentibus negotiis nos statum & defensionem Regni nostri Angl. ac Ecclesiae Anglicanae contingentibus, quoddam Parliamentum nostrum nuper apud Palatium nostrum VVest. teneri, & usque ad duodecim. diem hujus instantis mensis Novembr. ad idem Palatium nostrum adjornari & prorogari ordinaverimus, quia vero dicto Parliamento nostro propter certas justas & rationabiles causas in persona nostra non potuetuerimus interesse, Nos de circumspectione & industria Carissimi Consanguinei nostri Rich. Ducis Ebora. plenam fiduciam reportantes, eidem Consanguineo nostro ad Parliamentum praedictum nomine nostro tenend. & in eod. procedend. & ad faciend. omnia & singula quae pro nobis & per nos pro bono regimine & gubernatione Regni nostri praedicti ac aliorum Dominorum nostrorum eidem Regno nostro pertinent. ibidem fuerint faciend. nec non ad Parliamentum illud finiend. & dissolvend. de assensu Concilii nostri plenam tenore praesentium Commisimus potestatem. Dantes ulterius de assensu ejusdem Concilii nostri tam universis & singulis Archiepiscopis, Episcopis, Abbatibus, Prioribus, Ducibus, Comitibus, Vice-comitibus, Baronibus & Militibus cum omnibus aliis quorum interest ad Parliamentum [Page] nostrum praedictum conventur. scilic. tenore praesentium firmiter in mandatis quod eidem Consanguineo nostro intendant in praemissis in forma praedicta. In Cujus &c. T. Rege. apud VVest. II. die Novembr. Per breve de privato Sigillo & de dat. praedict. &c.

Pat. 24. Henric. 6. memb. 19. pars prima.

Rex omnibus Balliis & fidelibus suis ad quos &c. De non veniend. ad Parlia. Lovel. Salut. Sciatis quod cum ubi VVilh. Lovell miles ad Parliamenta & Concilia nostra ad mandatum nostrum, venire teneatur, hinc est quod idem VVilhelmus, ob divers. infirmat. quibus detinetur, absque maximo corporis sui periculo ad Parliamenta & Concilia praedicta laborare non sufficit, ut informamur. Nos praemissa, ac bona & gratuita servitia quae idem VVilh.tam patri nostro defuncto quam nobis in partibus transmarinis impendit, & nobis in in Regno nostro Angl. impendere desiderat Considerantes, de gratia nostra speciali Concessimus eidem VVilh. quod ipse durante vita sua per nos vel hered. nostros ad veniend. ad Parliamenta seu Concilia nostra quaecunque tent. sive in posterum tenen. contra voluntatem suam non arctetur nec Compellatur quovis modo, Sed quod ipse ab hujusmodi Parliamentis & Conciliis in futur. se absentare possit licite & impune, aliquo Statuto, Actu, Ordinatione. sive Mandaro inde in Contrarium [Page] fact. ordinat. sive provis. non obstant. Et ulterius volumus, & eidem Wilhelmo per praes. Concedimus quod absentatio hujusmodi non cedat ei in damnum seu prejudicium quoquo modo, Sed quod praes. Carta nostra de exemptione, per praefatum Wilh. seu alium quemcunque nomine suo in quibuscunque locis infra Regnum nostrum Angl. demonstrat. super demonstratione illa eidem Wilh. valeat & allocetur, Proviso semper quod idem Wilh. ad voluntatem suam, & heredes sui loca sua in Parliamenta & Conciliis praedictis habeant & teneant, prout idem Wilh. & antecessores sui in hujusmodi Parliamentis & Conciliis ab antiquo habuerunt & tenuerunt, Concessione nostra praedicta non obstante. In Cujns. &c. T. Rege apud West. quarto die Febr.

Per breve de privato sigillo & de data praedicta authoritate Parliamenti.

Clauso Anno 27. Henric. 6. m. 24. dorso.

Rex dilecto & fidel. suo Hen.summonit. Parliamenti. Bromflete Militi Baroni de Vescy Salutem. Quia & Volumus enim vos & heredes vestros masculos de Corpore vestro legitime exeuntes Barones de Vessey existere. T. Rege apud West. 24. die Januar.

Pat. 34. Henric. sext. membr.13.

Rex concessit Hen. Bromflete militi domino [Page] Vessey qui senio & tantis infirmitatibus detentus existit,Pro Henrico. Dom. Vessey de exemptione. quod absque maximo Corporis sui periculo labor. non sufficit, quod ipse durante vita sua ad personalit. veniend. ad person. Regis, per aliquod breve sub magno vel privato sigillo, aut per literam sub sigillo Signeti Regis, vel per aliquod ad aliud mandatum Regis vel hered. suorum seu ad aliquod Concilium, sive Parliamentum Regis vel hered. suorun ex nunc tenend. nullatenus arctatur neque compellatur Contra voluntat. suam &c. T. Rege apu [...] West. 13. die Maii.

Per ipsum Regem de dat. praedicta auctoritate Parliamenti.

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A SPEECH Delivered in the Lower House of PARLIAMENT Assembled at OXFORD: In the first year of the Reign of KING CHARLES, I.

By Sir ROBERT COTTON Knight and Barronet.

LONDON: Printed in the Year 1672.

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A SPEECH Delivered in the Lower House of PARLIAMENT Assembled at OXFORD: In the first year of the Reign of King CHARLES.

Mr. SPEAKER,

ALthough the constant VVisdome of this House of Commons did well and worthily appear in censuring that ill advised Member the last day, for trenching so far into their antient Liberties, and might encourage each worthy Servant of the publique here to offer freely up his Council and opinion: Yet since these VValls cannot conceal from the Ears of captious, guilty and revengful men withou [...], the Councel and debates within: [Page] I will endeavour, as my clear mind is free from any personal distaste of any one, so to express the honest thoughts of my Heart, and discharge the best care of my trust, as no person shall justly taxe my innocent and publick mind, except his Conscience shall make him guilty of such Crimes as worthily have in Parliament impeached others in elder times. I will therefore, with asmuch brevity as I can, set down how these disorders have by degrees sprung up in our own memories; how the Wisdom of the best and wisest Ager did of old redress the like. And lastly, what modest and dutiful course I would wish to be followed by our selves in this so happy Spring of our hopeful Master. For (Mr. Speaker) we are not to judge, but to present: The redress is above ad Querimoniam Vulgi.

Now (Mr. Speaker) so long as those attended about our late Soveraign Master, now with God, as had served the late Queen of happy memory, debts of the Crown were not so great; Commissions and G [...]ants not so often complained of in Parliaments; Trade flourished; Pensions not so many, though more then in the late Queens time: for they exceeded not 18000. l. now near 120000. l. All things of moment were carryed by publick debate at the Council-Table; No honour set to sale; nor places of Judicature. Lawes against Priests and Recusants [Page] were executed: Resort of Papists to Ambassadors houses barred and punished; His Majesty by daily direction to all his Ministers, and by his own Pen declaring his dislike of that Profession: No wastful expences in fruitless Ambassages, nor any transcendent power in any one Minister. For matters of State, the Council-Table held up the fit and antient dignity. So long as my Lord of Somerset stood in state of grace, and had by his Majesty's favour the trust of the Signet Seale; he oft would glory justly, there passed neither to himself, or his Friends any long Grants of his Highness Lands or Pensions: For that which himself had, he paid 20000. l. towards the Marriage-Portion of the King's Daughter. His care was to pass no Monopoly or illegal Grant, and that some Members of this House can witness by his charge unto them. No giving way to the sale of Honours, as a breach upon the Nobility (for such were his own words) refusing Sir John Roper's Office, then tendred to procure him to be made a Baron. The match with Spain, then offered (and with condition to require no further toleration in Religion then Ambassadours here are allowed) discovering the double dealing and the dangers, he disswaded his Majesty from; and left him so far in distrust of the Faith of that King, and his great Instrument Gondomar, then here residing, that his Majesty did term him long time [Page] after a Jugling Jack. Thus stood th'effect of his power with his Majesty when the Clouds of his misfortune fell upon him. VVhat the future advices led in, we may well remember. The marriage with Spain was again renewed: Gondomar declared an honest man: Poperie heartened, by admission of those unsure, before conditions of Conveniencie. The forces of his Majestie in the Palatinate withdrawn, upon Spanish faith improved here and beleived; by which his Highness Children have lost their Patrimony, and more money been spent in fruitless Ambassages, then would have maintained an Army fit to have recovered that Countrey. Our old and fast Allies disheartened, by that tedious and dangerous Treaty: And the King our now Master, exposed to so great a peril, as no wise and faithful Councel would ever have advised. Errors in Government, more in misfortune by weak Councels, then in Princes.

The loss of the County of Poyntiffe in France, was laid to Bishop Wickham's charge in the first of Richard the 2. for perswading the King to forbear sending aid when it was required: a Capital crime in Parliament. The loss of the Dutchie of Maine was laid to Dela Poole Duke of Suffolk 28. Henry 6. in single and unwisely treating of a Marriage in France.

A Spanish Treaty lost the Palatinate: VVhose Councel hath pronounced so great [Page] power to the Spanish Agent (as never before) to effect freedome to so many Priests as have been of late, and to become a Sollicitor almost in every Tribunal or the ill-affected Subjects of the State, is worth the enquiry.

VVhat Grants of Impositions before crossed, have lately been complained of in Parliaments? As that of Ale-houses, Gold-Thred, Pretermitted Customes, and many more; the least of which would have 50. Edward 3. adjudged in Parliament an heinous crime, aswel as those of Lyons and Latymer.

The Duke of Suffolk in Henry 6. time, in procuring such another Grant in derogation of the Common Law, was adjudged in Parliament.

The gift of Honours kept as the most sacred Treasure of the State, now set to saile, Parliaments have been Suitors to the King to bestow those Graces; as in the time of Edward 3. Henry 4. and Henry 6. More now led in by that way onely then all the merits of the best deservers huve got these last 500. years. So tender was the care of elder times that it is an Article 28. Henry 6. in Parliament against the Duke of Suffolk, that he had procured for himself, and some few others, such Titles of Honour; and those so irregular, that he was the first that ever was Earl, Marquess, and Duke of the self same place. Edward the first restrained the number, in pollicie, [Page] that would have challenged a Writ by Tenure: and how this proportion may suit with profit of the State we cannot tell. Great deserts have now no other recompence then costly Rewards from the King; For, we now are at a vile Price of that which was once inestimable. If worthy Persons have been advanced freely to places of greatest trust, I shall be glad. Spencer was condemned in the 15. of Edward 3. for displacing good Servants about the King, and putting in his Friends and followers, not leaving, either in the Church or Common-Wealth, a place to any, before a Fine was paid unto him for his dependance. The like in part was laid by Parliament on De la Poole. It cannot but be a sad hearing unto us all, what my Lord Treasurer the last day told us of his Majesties great Debts, high Engagements, and present wants: The noise whereof I wish may ever rest inclosed within these Walls. For, what an incouragement it may be to our Enemies, and a disheartning to our Friends, I cannot tell. The danger of those, if any they have been the cause, is great and fearful. It was no small motive to the Parliament, in the time of Henry 3. to banish the Kings half-Brethren for procuring to themselves so large proportion of Crown Lands. Gav [...]ston and Spencer for doing the like for themselves, and their followers in Edward the 2. time, and the Lady V [...]ssy for procuring the like for [Page] her Brother Beaumont, was banished the Court. Michael de la Poole was condemned the 20. of Richard 2. in Parliament, amongst other Crimes, for procuring Lands and Pensions from the King, and having imployed the Subsidies to other ends then the grant intended. His Grand-Child, William Duke of Suffolk, for the like was censured 28. Henry 6. The great Bishop of Winchester, 50. Edward. 3. was put upon the Kings mercy by Parliament for wasting in time of Peace, the Revenues of the Crown, and gifts of the People, to the yearly oppression of the Common-VVealth. Offences of this Nature were urged to the ruining of the Last Duke of Somerset in Edward 6. time. More fearful Examples may be found, too frequent in Records. Such Improvidence and ill Council led Henry the third into so great a strait, as after he had pawned some part of his Forreign Territories, broke up his House, and sought his Diet at Abbies and Religious houses, ingaged not onely his own Iewels, but those of the Shrine of Saint Edward at Westminster, he was in the end (not content, but) constrained to lay to pawne (as some of his Successors after did) Magnam Coronam Angliae, the Crown of England. To draw you out to life the Image of former Kings extremities, I will tell you what I found since this Assembly at Oxford, written by a Reverend man twice Vice-Chancellour of this place: his [Page] name was Gascoign; a man that saw the Tragedy of De la Poole: He tells you that the Revenues of the Crown were so Rent away by ill Councel, that the King was inforced to live de Tallagiis Populi: That the King was grown in debt quinque centena millia librarum: That his great Favourite, in treating of a Forrieign Marriage, had lost his Master a Forreign Dutchie: That to work his ends, he had caused the King to adjourn the Parliament in Villis & remoti partibus Regni, where few People, propter d [...]fectum hospitii & victualium could attend, and by shifting that assembly from place to place to inform (I will use the Authors words) illos paucos qui remanebunt de Communitate Regin, concedere Regi quamvispessima. VVhen the Parliament endeavoured by an Act of Resumption, the just and frequent way to repair the languishing State of the Crown (for all from Henry 3. but one, till the 6. of Henrry 8. have used it) this great man told the King it was ad dedecus Regis, and forced him from it: To which the Commons answered, although vexati laboribus & expensis, Quod nunquam concederent taxam Regi, until by authority of Parliament, r [...]su [...]eret actualiter omnia p [...]rtinentia Coronae Anglioe. And that it was magis ad dedecus Regis, to leave so many poor men in intolerable VVant, to whom the King stood then indebtad. Yet nought could all good Councel work, until by Parliament that bad great man [Page] was banished: which was no sooner done; but an Act of Resumption followed the inrollment of the Act of his Exilement. That was a speeding Article against the Bishop of Winchester and his Brother, in the time of Edward 3. that they had ingrossed the person of the King from his other Lords. It was not forgotten against Gaveston and the Spencers in Edward 2. time. The unhappy Ministers of Richard 2. Henry 6. and Edward 6. felt the weight to their Ruine of the like Errors. I hope we shall not complain in Parliament again of such.

I am glad we have neither just cause or undutiful dispositions to appoint the King a Councel to redress those Errors in Parliament, as those of the 42. H. 3. We do not desire, as 5. H. 4. or 29. H. 6. the removing from about the King of evil Councellors. We do not request a choise by name, as 14. E. 3. 3. 5. 11. R. 2. 8. H. 4. or 31. H. 6. nor to swear them in Parliament, as 35, E. 1. 9. E. 2. or 5. R. 2. or to line them out their directions of rule, as 43. H. 3. and 8. H. 6. or desire that which H. 3. did promise in his 42. year se act [...]o [...]nia per assensum Magnatum de Concilio suo electorum, & sine eor assensu nihil. We only in loyal duty offer up our humble desires, that since his Majesty hath with advised Judgement elected so wise, religious & worthy Servants to attend him in that high imployemnt, he will be pleased to advise with them together, a way of remedy for those disasters in State, led in by long security and happy peace, and not with young and single Councel.

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A SPEECH Made by Sir ROB. COTTON

Knight and Baronet, before the Lords of his Majesties most Honourable PRIVYCOVNCEL, At the Councel Table: being thither called to deliver his Opinion touching The ALTERATION OF COYNE.

2. Sept. Annoque Regni Regis Caroli 2.

LONDON: Printed in the Year 1672

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A SPEECH Touching the ALTERATION OF COYNE.

My LORDS,

SInce it hath pleased this Honourable Table to command, amongst others, my poor Opinion concerning this weighty Proposition of money, I must humbly ctave pardon; if with that Freedome that becomes my duty to my good and gratious Master, and my obedience to your great command, I deliver it so up.

I cannot (my good Lords) but assuredly conceive, that this intended Project of enhauncing the Coyne,Honour Justice & Profit will trench both into the Honour, the Justice, and the Profit [Page] of my Royal Master very farre.

All Estates do stand Mag is Famâ quam Vi, Honour as Tacitus saith of Rome: and Wealth in every Kingdome is one of the Essential marks of their Greatness: and that is best expressed in the Measure and Puritie of their Monies. Hence was it, that so lohg as the Roman Empire (a Pattern of best Government) held up their Glory and Greatness, they ever maintained, with little or no charge, the Standard of their Coine. But after the loose times of Commodus had led in Need by Excess, and so that Shift of Changing the Standard, the Majesty of that Empire fell by degrees. And as Vopiscus saith, the steps by which that State descended were visibly known most by the gradual alteration of their Coine, And there is no surer Symptome of a Consumption in State then the corruption in money.

What renown is left to the Posterity of Edward the first in amending the Standard,Edw. 1. both in purity and weight from that of elder and more barbarous times, must stick as a blemish upon Princes that do the contrary.Hen. 6. Thus we see it was with Henry the sixth; who, after he had begun with abating the measure, he after fell to abating the matter; and granted commissions to Missenden and others to practise Alchemy to serve his Mint. The extremity of the State in general felt this aggrievance, besides the dishonour it laid upon [Page] the person of the King, was not the least advantage his disloyal Kinsman took to ingrace, himself into the Peoples favour, to his Soveraign's ruine.

VVhen Henry the 8.Hen. 8. had gained asmuch of Power and Glory abroad, of Love and Obedience at home, as ever any; he suffered Shipwrack of all upon this Rock.

VVhen his Daughter Queen Elizabeth came to the Crown,Queen Eliz. she was happy in Council to amend that Error of her Father: For, in a Memorial of the Lord Treasurer Burliegh's hand, I find that he and Sir Thomas Smith (a grave and learned man) advising the Queen that it was the honour of her Crown, and the true wealth of her Self and People, to reduce the Standard to the antient purity and p [...]rity of her great Grand-Father King Edward 4.Edw. 4 And that it was not the short ends of VVit, nor starting holes of devises that can sustain the expence of a Monarchy, but sound and solid courses: for so are the words. She followed their advise, and began to reduce the Monies to their elder goodness, stiling that work in her first Proclamation Anno 3. A Famous Act. The next year following, having perfected it as it after stood; she tells her People by another Edict, that she had conquered now that Monster that had so long devoured them, meaning the Variation of the Standard: And so long as that sad Adviser lived, she never (though often by Projectors importuned) could be [Page] drawn to any shift or change in the Rate of her monies.

To avoid the trick of Permutation, Coyn was devised, as a Rate and Measure of Merchandize and Manufactures; which if mutable, no man can tell either what he hath,Iustice [...]. or what he oweth, no contract can be certain, and so all commerce, both publique and private, destroyed; and men again enforced to Permutation with things not subject to wit or fraud.

The regulating of Coine hath been left to the care of Princes, who are presumed to be ever the Fathers of the Common-VVealth. Upon their honours they are Debtors and VVarranties of Justice to the Subject in [...]hat behalf. They cannot, saith Bodin, Bodin. alter the price of the moneyes, to the prejudice of the Subjects, without incurring the reproach of Faux M [...]nnoyeurs. And therefore the Stories term Philip le Bell, for using it, Falsificateur de Moneta. Omnino Monetae integritas debet queriubi vultus noster imprimitur, saith Theodoret the Gothe to his Mint-Master, Theoderet the Gothe. Quidnam erit tutum si in nostra peccetur Effigie? Princes must not suffer their Faces to warrant falshood.

Although I am not of opinion with Mirror des Justices, Mirror des Iustices. the antient book of our Common Law, that Le Roy ne poit sa Mony Empeirer ne amender sans l'assent de touts ses Counts, which was the greatest Councel of the Kingdome; yet can I not pass over the Goodness and Grace of money of [Page] our Kings:Edw. 1. & 3. (As Edward the 1. and the 3. Henry the 4.Hen. 4. & 5. and the 5. with others, who, out of that Rule of this Justice, Quod ad omnes spectat, ab omnibus debet approbari, have often advised with the people in Parliament, both for the Allay, Weight, Number of peeces, cut of Coynage and exchange;) and must with infinite comfort acknowledge, the care and Justice now of my Good Master,, and your Lordships Wisdoms, that would not upon information of some few Officers of the Mint, before a free and careful debate, put in execution this Project, that I much (under your Honours Favour) suspect, would have taken away the Tenth part of every man's due debt, or Rent already reserved throughout the Realm, not sparing the King; which would have been little lesse then a Species of that which the Roman Stories call Tabulae novae, from whence very often seditions have sprung: As that of Marcus Gratidianus in Livie, who pretending in his Consulship, that the Currant money was wasted by use, called it in, and altered the Standard; which grew so heavy and grievous to the People, as the Author saith, because no man thereby knew certainly his Wealth, that it caused a Tumult.

In this last part,Profit. which is, the Disprofit this enseebling the coyn will bring both to his Majestie and the Common-Wealth, I must distinguish the Monies of [Page] Gold aud Silver, as they are Bullion or Commodities, and as they are measure: The one, the Extrinsick quality, which is at the King's pleasure, as all other measures, to name; The other the Intrinsick quantity of pure metall, which is in the Merchant to value. As there the measure shall be either lessened or inlarged, so is the quantity of the Commodity that is to be exchanged. If then the King shall cut his shilling or pound nominal less then it was before, a lesse proportion of such Commodities as shall be exchanged for it must be received. It must then of force follow, that all things of necessity, as Victuall, Apparell, and the rest, as well as those of Pleasure, must be inhaunced. If then all men shall receive, in their shillings and pounds a lesse proportion of Silver and Cold then they did before this projected Alteration, and pay for what they buy a rate inhaunced, it must cast upon all a double loss.

What the King will suffer by it in the Rents of his lands, is demonstrated enough by the alterations since the 18. of Edward the 3. when all the Revenue of the Crown came into the receipt Pondere & Numero, after five groats in the ounce; which since that time, by the severall changes of the Standard is come to five shillings, whereby the King hath lost two third parts of his just Revenue.

In his Customs, the best of rate being [Page] regulated by pounds and shillings, his Majesty must lose alike; And so in all and whatsoever monies that after this he shall receive.

The profit by this change in coynage, cannot be much, nor manent. In the other the loss lasting, and so large, that it reacheth to little less then yearly to a sixth part of his whole Revenue: for hereby in every pound tale of Gold there is nine ounces, one penny weight, and 19 grains loss, which is 25 l. in account, and in the 100 1. tale of Silver 59 ounces, which is 14 l. 17 s. more.

And as his Majestie shall undergoe all these losses hereafter in all his receipts; so shall he no less in many of his disbursements. The wages of his Souldiers must be rateably advanced as the money is decreased. This Edward the third (as appeareth by the account of the Wardrobe and Exchequor) as all the Kings after were enforced to do, as oft as they lessened the Standard of their monies. The prices of what shall be bought for his Ma [...]esties service, must in like proportion be inhaunced on him. And as his Majesty hath the greatest of Receipts and Issues, so must he of necessity taste the most, of loss by this device.

It will discourage a great proportion of the Trade in England, and so impair his Majesty's Customs. For that part (being not the least) that payeth upon trust and [Page] credit will be overthrown; for all men being doubtful of diminution hereby of their personal Estates, will call their moneys already out, and no man will part with that which is by him, upon such apparent loss as this must bring. What danger may befall the State by such a suddain stand of Trade, I cannot guess.

The monies of Gold and Silver formerly coyned and abroad, being richer then these intended, will be made for the me part hereby Bullion, and so transported; which I conceive to be none of the least inducements that hath drawn so many Gold-Smiths to side this Project, that they may be thereby Factors for the strangers, who by the lowness of minting (being but 2 s. Silver the pound weight, and 4s. for Gold; whereas with us the one is 4. and the other 5 s.) may make that profit beyond-sea they cannot here, and so his Majesty's mint unset on work.

And as his Majesty shall lose apparently in the alteration of monies a 14. in all the Silver, and a 25. part in all the Gold he after shall receive; so shall the Nobility, Gentry, and all other, in all their former setled Rents, Annuities, Pensions and loanes of money. The like will fall upon the Labourers and workmen in their S [...]tute-wages: and as their receipts are lessened hereby; so are their Issiues increased, either by improving all prices. or [Page] disfurnishing the Market, which must necessarily follow. For if in 5. Edwardi 6. 3. Mariae, and 4. Elizabethae, it appeareth by the Proclamations, that a rumor only of an alteration caused these Effects, punishing the Author of such reports with imprisonment and pillory; it cannot be doubted but the projecting a change must be of far more consequence and danger to the State, and would be wished that the Actors and Authors of such disturbances in the Common-Wealth, at all times hereafter might undergo a punishment proportionable.

It cannot beheld (I presume) an advice of best judgment that layeth the loss upon our selves, and the gain upon our enemies: for who is like to be in this the greater Thriver? Is it not usual, that the Stranger that transporteth over monies for Bullion, our own Gold-Smiths that are their Brokers, and the Forreign Hedgeminters of the Netherlands (which terms them well) have a resh and full Trade by this abatement? And we cannot do the Spanish King (our greatest enemie) so great a favour as by this, who being the Lord of this Commodity by his W [...]st- Indies, we shall so advance them to our impoverishing; for it is not in the power of any State to raise the price of their own, but the value that their Neighbour Princes acceptance sets upon them.

Experience hath taught us, that the [Page] enfeebling of coyn is but a shift for a while, as drink to one in a dropsy, to make him swell the more: But the State was never throughly cured, as we saw by Henry the eighths time and the late Queens, untill the coyn was made up again.

I cannot but then conclude (my honourable Lords) that if the proportion of Gold and Silver to each other be wrought to that parity, by the advice of Artists, that neither may be too rich for the other, that the mintage may be reduced to some proportion of Neighbour parts, and that the Issue of our Native Commodities may be brought to overburthen the entrance of the Forreign, we need not seek any way of shift, but shall again see our Trade to flourish, the Mint (as the pulse of the Common-Wealth) again to beat, and our Materials, by Industry, to be a mine of Gold and Silver to us, and the Honour, Justice and Profit of his Majestie (which we all wish and work for) supported.

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The Answer of the Committees appointed by your Lordships to the Proportion delivesed by some Officers of the Mint, for inhauncing his Majestie's monies of Gold and Silver. 2. September 1626.
The first part. The Preamble.

VVE conceive that the Officers of the Mint are bound by Oath to discharge their several duties in their several places respectively. But we cannot conceive how they should stand tyed by oath to account to his Majesty and your Honors of the Intrinsick value of all Forreign coyns, and how they agree with the Standard of the State (before they come to the Mint) for it is impossible and needless: In the one, for that all Forreign States do, for the most part, differ from us and our money infinitely amongst themselves: In the other; it being the proper care of the Merchants, who are presumed not to purchase that at a dearer rate then they may be allowed for the same in fine Gold and [Page] Silver in the coyn of England, within the charge of coynage. And therefore needless.

To induce the necessity of the Proposition, they produce two instances or examples; The one from the Rex Doller, and the other from the Royal of Eight; wherein they have untruely informed your Honours of the price and value in our monies, and our Trade of both of them. For whereas they say, that the Rex Doller weigheth 18. penny weight and 12. grains, and to be of the finest at the pound weight, 10. ounces, 10 pence weight, doth produce in exchange 5. s. 2. d. farthing of sterling monies. We do affirm that the same Dollar is 18. d. weight 18. grains, and in fineness 10. ounces 12. d, weight, equal to 4. s. 5.d.ob. of sterling monies, and is at this time in London at no higher price, which is short thereof by 13. grains and a half fine Silver upon every Dollar, being 2. d. sterling or thereabout, being the charge of coynage, with a small recompence to the Gold [...] Smith or Exchanger, to the profit of England 3. s. 6. d. per Centum.

Whereas they do in their circumstance averr unto your Honours, that this Dollar runs in account of Trade amongst the Merchants as 5. s. 2. d. ob. English money: It is most false. For the Merchants and best experienced men protest the contrary, and that it pas [...]eth in exchange according to the Int [...]insick value onely 4 s. 5. d. ob. [Page] of the sterling money, or neer thereabouts, and not otherwise.

The second instance is in the Royall of Eight; affirming that it weigheth 17. penny weight, 12. grains; and being but of the fineness of 11. ounces at the pound weight, doth pass in Exchange at 5 s. of our sterling moneys, whereby we lose 6.s. 7 d. in every pound weight. But having examined it by the best Artists, we find it to be 11. ounces, 2. d. weight fine, and in weight 17. penny weight, 12. grains; which doth equal 4. s. 4. d. ob. of our sterling monies, and passeth in London at that rate, and not otherwise, though holding more fine Silver by 12. grains and a half in every Royall of Eight, which is the charge of coynage, and a small overplus for the Gold-Smiths gain. And whereas they say, that the said Royall of Eight runs in account of Trade at 5 s. of his Majestie's now English money; the Merchants do all affirm the contrary, and that it passeth only at 4 s. 4. ob. of the sterling monies, and no higher ordinarily.

And it must be strange (my honourable Lords) to believe that our Neighbours the Netherlanders, would give for a pound tale of our sterling Silver, by what name soever it passeth, a greater quantity of their monies in the like intrinsick value by Exchange; Or that our Merchants would, knowing, give a greater for a less to them, [Page] except by way of usance. But the deceipt is herein only, that they continually varying their coyn, and crying it up at pleasure, may deceive us for a time, in too high a Reputation of pure Silver in it, upon trust, then there is, untill a trial; and this, by no Alteration of our coyn, unless we should daily, as they make his Majestie's Standard uncertain, can be prevented, which being the measure of Lands, Rents and Commerce amongst our selves at home, would render all uncertain, and so of necessity destroy the use of money; and turn all to permutation of such things as were not subject to will or change.

And as they have mistaken the ground of their Proposition; so have they, upon a specious shew of some momentary and small benefit to his Majesty, reared up a vast and constant loss unto his Highness by this design, if once effected. For, as his Majesty hath the 1argest portion of any both in the entrances and issues; so should he by so enfeebling of his coyn, become the greatest loser.

There needs no other instance then those degrees of diminution from the 18. of Edwards, 3.18. Edw. 3. to this day; at which time the Revenue of the Crown was paid after five Groats the ounce (which is now five shillings) which hath lost his Majesty two thirds of all his Revenue; and no less hath all the Nobility, Gentry, and other [Page] his Majestie's landed Subjects in proportion suffered. But since, to our great comfort; we heard your Honours the last day to lay a worthy blame upon the Mint-Masters, for that intended diminution of the Goldcoyn done by them without full warrant; by which we rest discharged of that fear: We will (according to our duties and your Honours command) deliver humbly our opinion concerning the reduction of the Silver money now currant to be proportionably equivalent to the Gold.

The English sterling Standard, which was no little honour to Edward the first, that setled it from an inconstant motion, and laid it a ground that all the States of Europe after complyed to bring in their account, which was of Silver an 11 to one of Gold, the Kings of England for the most part since have constantly continued the same proportion: and Spain, since Ferdinand, who took from hence his Pattern, have held and hold unchangeably the same unto this day: but since with us, a late improvement of Gold hath broke that Rule, and cast a difference in our Silver of six shillings in the pound weight; we cannot but in all humility present our fear, that the framing, at this time of an equality, except it were by reducing the Gold to the Silver, is not so safe and profitable as is proposed by those of the Mint.

For whereas they pretend this, Our [Page] richness of our Silver will carry out what now remaineth: We conceive (under favour) it will have no such effect, but clean contrary. For all the currant Silver now abroad hath been so culled by some Gold-Smiths, the same either turned into Bullion, and so transported, that that which now remaineth will hardly produce 65. s. in the pound weight one with another; and so not likely, for so little profit as now it goeth, to be transported. But if the pound sterling should be as they desire, cut into 70. s. 6 d. it must of necessity follow, that the new money will convert the old money (now currant) into Bullion; and so afford a Trade afresh for some ill Patriot Gold-Smiths, and others, who formerly have more endamaged the State by culling, then any others by clipping; the one but trading in pounds, the other in thousands; and therefore worthy of a greater punishment. And we cannnot but have just cause (my Lords) to fear that these bad members have been no idle instruments, for their private benefit, to the publick detriment, of this new project, so much tending to enfeebling the sterling Standard:

We further (under your Lord ships favours) conceive, that the raising of the Silver to the Gold, will upon some suddain occasion beyond Sea, transport our Gold, and leave the State in scarcity of that, as now of Silver.

[Page] And to that Objection of the Proposers, That there is no Silver brought of late into the mint; The causes we conceive to be (besides the unusual quantities of late brought into the mint in Gold) one the overballasing of late of Trade; the other, the charge of coynage. For the first, it cannot, be but the late infection of this City was a let of exportation of our best commodity, Cloth, made by that suspected in every place. To this may be added the vast sums of money which the necessary occasion of war called from his Majesty to the parts beyond the Seas, when we had least of Commodities to make even the ballance there. And lastly, dearth and scarcity of corn, which in time of plenty we ever found the best exchange to bring in silver. And therefore, since by Gods great Favour the Plague is ended, and general Trade thereby restored, and more of Plenty this year, then hath been formerly these many years, of corn, we doubt not but if the Ports of Spain were now as free as they were of late, there would not prove hereafter any cause to complain of the want of Bullion in the State.

The second cause, that the mint remains unfurnished; will be the charge of coynage, raised in price so far above all other places, constraining each man to carry his Bullion where he may receive by coynage the less of loss. And therefore if it may please his Majesty to reduce the [Page] prices here to the Rates of other of our Neighbour Countreys, there will be no doubt but the Mint will beat as heretofore.

Questions to be proposed to the Merchants, Mint-Masters, and Gold-Smiths, Concerning the Alteration of the Silver Monies.

1. VVHether the Englist monies now currant are not as dear as the Forreign of the Dollar and Reall of 8. in the intrinsick value in the usual exchanges now made by the merchants beyond-Seas?

2. Whether this advancing will not cause all the Silver-Bullion, that might be transported in mass or Forreign coyn, to be minted with the King's stamp beyond-sea, and so transported, and his Mint thereby set less on work then now?

3. Whether the advancing the Silvercoyn in England will not cause a transportation of most of that that is now currant to be minted in the Netherlands, and from them brought back again, whereby his Majestie's Mint will fail by the exported benefit?

4. Whether the advancing the Silver coyn, if it produce the former effects, will not cause the Markets to be unfurnished [Page] of present coyn to drive the exchange, when most of the old will be used in Bullion.

5. Whether the higher we raise the Coyn at home, we make not thereby our Commodities beyond-sea the cheaper?

6. Whether the greatest profit by this enhauncing, will not grow to the ill members of the State, that have formerly culled the weightiest peeces, and sold them to the stranger-Merchants to be transported?

Certain General Rules collected concerning Money and Bullion, out of the late Consultation at Court.

GOld and Silver have a twofold estimation: in the Extrinsick, as they are monies, they are the Princes measures given to his people, and this is a Prerogative of Kings: In the Intrinsick they are Commodities, valuing each other according to the Plenty or scarcity; and so all other Commodities by them; And that is the sole power of Trade.

The measures in a Kingdom ought to be constant: It is the Justice and Honour of the King: for if they be altered, all men at that instant are deceived in their precedent contracts, either for Lands or money, and the King most of all: for no [Page] man knoweth then, either what he hath or what he oweth.

This made the Lord Treasurer Burleigh in 73.1573. when some Projectors had set on foot a matter of this nature, to tell them, that they were worthy to suffer death for attempting to put so great a dishonour on the Queen, and detriment and discontent upon the People. For, to alter this publick measure, is to leave all the Markets of the Kingdome unfurnished; and what will be the mischief, the Proclamations of 5. Edwardi 6. 3. Mariae and 4. Elizabethae, will manifest;5. Edw. 6. 3. Mariae. 4. Eliz. when but a Rumor of the like produced that effect so far, that besides the faith of the Princes to the contrary delivered in their Edicts, they were inforced to cause the Magistrates in every Shire respectively to constrain the people to furnish the Markets to prevent a mutiny.

To make this measure then, at this time short, is to raise all prizes, or to turn the money or measure now currant into disise or Bullion: for who will depart with any, when it is richer by seven in the hundred in the Mass, then the new monies; and yet of no more value in the Market?

Hence of necessity, it must follow, that there will not in a long time be sufficient minted of the new to drive the exchange of the Kingdome, and so all Trade at one instant at a stand; and in the mean time [Page] the Markers unfurnished: Which how it may concern the quiet of the State, is worthy care.

And thus far as money is a measure.

Now, as it is a Commodity, it is respected and valued by the intrinsick quality. And first the one metall to the other.

All commodities are prized by Plenty or scarsity, by dearness or cheapness, the one by the other: If then we desire our Silver to buy Gold, as it late hath done, we must let it be the cheaper, and less in proportion valued; and so contrary: for one equivalent proportion in both will bring in neither. We see the proof thereof by the unusual quantity of Gold brought lately to the Mint by reason of the price; for we rate it above all other Countries, and Gold may be bought too dear. To furnish then this way the mint with both, is altogether impossible.

And at this time it was apparently proved, both by the best Artists and Merchants most acquainted with the Exchange, in both the examples of the Mint-masters, in the Rex Dollar and Reall of Eight, That Silver here is of equal value, and Gold above, with the forreign parts in the intrinsick; and that the fallacy presented to the Lords by the Mint-Masters, is only in the nomination or extrinsick quality.

But if we desire both, it is not raising of the value that doth it; but the ballasing of Trade: for buy we in more then we [Page] sell of other Commodities, be the money never so high prized, we must part with it to make the disproportion even: If we sell more then we buy, the contrary will follow:

And this is plain in Spain's necessities: For should that King advance to a double rate his Reall of 8. yet needing, by reason of the barrenness of his Countrey, more of Forreign Wares then he can countervail by Exchange with his own, he must part with his money, and gaineth no more by enhauncing his Coyn, but that he payeth a higher price for the Commodities he buyeth; if his work of raising be his own. But if we shall make improvement of Gold and Silver, being the staple Commodity of his State; we then advancing the price of his, abase to him our own Commodities.

To shape this Kingdom to the fashion of the Netherlanders, were to frame a Royal Monarch by a Society of Merchants. Their Countrey is a continual Fair, and so the price of Money must rise and fall to fit their occasions. We see this by raising the Exchange at Franckford and other places at the usual times of their Marts.

The frequent and daily change in the low Countries of their monies, is no such injustice to any there as it would be here. For being all either Mechanicks or Merchants, they can rate accordingly their labours or their wares, whether it be coyn or other Merchandise, to the present condition of their own money in Exchange.

[Page] And our English Merchants, to whose profession it properly belongs, do so, according to the just intrinsick value of their Forreign coyn, in all barter of Commodities, or exchange, except at Usance; Which we, that are ruled and tyed by the extrinsick measure of monies, in all our constant Reckonings add Annual bargains at home, cannot do.

And for us then to raise our coyn at this time to equal their proportions, were but to render our selves to a perpetual incertainty: for they will raise upon us daily then again; which if we of course should follow, else receive no profit by this present change, we then destroy the Policy, Justice, Honour and Tranquility of our State at home for ever.

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THE DANGER WHEREIN THIS KINGDOME NOW STANDETH, AND THE REMEDY.

Written by Sir ROB.COTTON Knight and Baronet.

LONDON, Printed in the year 1651.

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THE DANGER Wherein this Kingdome now standeth, and the REMEDIE.

AS soon as the house of Austria had incorporated it self into the house of Spain, and by their new Discoveries gotten to themselves the Wealth of the Indies; they began to affect, and have ever since pursued a fifth Monarchy.

The Emperour Charles would first have laid the foundation thereof in Italy, by surprizing Rome. But from this he was thrust by the force and respect of Religion, Henry the 8. being made Caput foederis against him.

He then attempted it in High-Germany, Practising (by faction and Force) to reduce those petty States to his absolute power. In this Henry the 8. again prevented him, by tying the Lutber an Princes under his confederacy and assistance.

His Son, the second Philip, pursued the same Ambition in the Nether Germany, [Page] by reduction whereof he intended to make his way further into the other. This the late Queen of England interrupted, by siding with the afflicted people on the one part, and making her self Head of the Protestant League with the Princes on the other side; drawing in, as a secret of State, the Countenance of France, to give the more reputation and assistance to them, and security to it self,

Spain seeing his hopes thus fruitless by these Unions and sleights, began first, to break (if he might) the Amity of France and England: But finding the common danger to be as fast a Tye, he raiseth up a party in that Kingdome of his own, by the which the French King was so distressed, that had not the English Councel and Assistance relieved him, Spain had there removed that next and greatest obstacle of his ambition.

His Councel now tells him, from these examples, that the way to his great work is impassible so long as England lies a let into his way; and adviseth him, that the remove of that obstacle be the first of his intents. This drew on those often secret practices against the person of the late Queen, and his open fury in 88. against the Body of the State: For which she (following the advice of a free Councell) will never after admit of Peace, winning thereby the hearts of a loving people, who ever found hands and money for all occasions [Page] at home, and keeping sacredly her Alliances abroad, secured her confederates, all her time, in freedome from fear of Spanish slavery; And so ended her old and happy dayes in great Glory.

Spain then, by the Wisdome and power of that great Lady, dispoiled so of his means to hurt, though not of his desire, makes up, with her peaceful Successor of happy memory, the Golden League, that (disarming us at home by opinion of Security, and giving them a power in our Councel by believing their friendship and pretended marriage) gave them way to cherish amongst us a party of their own, and (bereaft of power abroad) to lead in jealousie, and sow a division between us and our confederates; by which (we see) they have swallowed up the fortune of our Master's brother, with the rest of the Imperial States, distressed the King of Denmark by that quarrell, diverted Sweden's Assistance by the wars with the Pole, and moving of him now with the offer of the Danish) Crown: And now (whether from the Plot, or our Fatality) it hath cast such a bone between France and us, as hath gotten themselves (by our quarrel of Religion) a fast confederate, and us a dangerous enemy: So that now we are left no other Assurance against their Malice and ambition, but the Nether-lands; where the Tye of mutual safety is weak'ned by dayly discontents bred and fed between [Page] us from some ill-affected to both our Securities; that from the doubtfulness of friendship as now we stand. we may rather expect from our own domestick faction, if they grow too furious, they will rather follow the example of Rome in her growing; that held it equally safe, honourable, and more easie, dare Rege [...], th [...] sub [...]ugare Provincian; considering the po [...] er they have their hands, then to gi [...]e any friendly Assistance to serve the present condition of our State. You may see therefore in what terms we stand abroad; and I fear me, at home, for resistance in no better State.

There must be, to withstand a Forreign invasion, a proportion both of Sea and Landforces; for to give an enemy an easie passage, and a port to relieve him in, is no less then to hazard all at one stake. And it is to be considered, that no march by land, can be of that speed, to make head against the landing of an enemy, nor no such prevention as to be Mr. of the Sea. To this point of necessary defence, there can be no less then 240000. l.

For the land-forces; If it were for an jOffensive war, the men of less livelihood were the best spared, and were used formerly to make such war, purgamento Reipublicae, if we made no further purchase by it. But for safety of a Common-wealth, the Wisdom of all times, did never interest the publick cause to any other then such [Page] as had a portion in the publick adventure. And that we saw in 88. when the ear of the Queen and Councel did make the body of that large Army, no other then of trained bands, which with the Auxiliaries of the whole Realm, amounted to no less then 24000.men. Neither were any of those drawn out from forth their Countries, and proper habitations before the end of May, that there might be no long aggrievance to the publick; such discontentments being ever to us a more fatal Enemy then any Forreign force.

The careful distribution and direction of the Sea and Land-forces, being more fitting for a Councel of War, then a private Man to advise of, I pass over; yet shall ever be willing and ready (when I shall be called) humbly to offer up such observations, as I have formerly gathered by the former like occasions of this Realm.

To make up this preparation, there are requisite two things: Money & affections; for they cannot be properly severed. It was well & wisely said, by that great and grave Councellor the Lord Burleigh in the like case to the late Queen: Win hearts, & you may have their hands & purses; And I find of late, that diffidence having been a defect in the one, it hath unhappily produced the other.

In gathering then of money for this present need, there are required three things: Speed, Assurance, and Satisfaction. And the way to gather (as others in the like cases have done) must be by that path, which hath been formerly [Page] called Via Regia, being more secure & speedy: For, by unknown and untroden ways, it is both rough & tedious, & seldom succeedeth well This. last way, although it took place as it were by a supply at first, and received no general denyal; yet since it hath drawn many to consider with themselves and others of the Consequence, and is now conceived a pressure on their liberties and against Law, I much fear, if now again it be offered, either in the same face, or by Privy Seal, it will be refused wholly. Neither find I that the restraint of those Recusants hath produced any other effect then a stiff resolution in them and others to forbear. Besides, though it went at the first with some assurance; yet when we consider the Commissions and other forms incident to such like services, as that how long it hangs in hand, and how many delays there were, we may easily see, that such a sum by Parliament granted, is far sooner and more easily gathered.

If any will make the successes of times to produce an inevitable necessity to enforce it levied (whether in general) by excise, or imposition, or in particular upon some select persons (which is the custom of some Countreys) and so conclude it (as there) for the publick State, Suprema lege) he must look for this to be told him: That seeing necessity must conclude always to gather money, as less speedy or assured then that so practised (which cannot be fitter then by [Page] Parliament) the success attendeth the humors of the heedless multitude, that are full of jealousie and distrust; and so unlike to comply to any unusual course of Levy, but by force: which if used, the effect is fearful, and hath been fatal to the State; whereas that by Parliament resteth principally on the regal person, who may with ease and safety mould them to his fit desire, by a gracious yielding to their just Petitions.

If a Parliament then be the most speedy, assured, and safe way; it is fit to conceive, what is the safest way to act and work it to the present need.

First, for the time of the usual Summons, reputed to be 40. days, to be too large for the present necessity; it may be by dating the Writ lessened; since it is no positive law; so that a care be had that there may be one County day, after the Sheriff hath received the Writ before the time of sitting.

If then the sum to be levyed be once agreed of, for the time there may be in the body of the Grant an Assignment made to the Knights of every County respectively, who (under such Assurance) may safely give Security proportionable to the Receipts, to such as shall in present advance to the Publick service any sums of money.

The last and weightiest consideration (if a Parliament be thought fit) is, how to remove or comply the differences between the King and [Page] Subject in their mutual demands. And what I have learned amongst the better sort of the Multitude, I will freely declare; that your Lordships may be the more enabled to remove and answer those distrusts, that either concern Religion, Publick safety of the King and State, or the just liberties of the Common-Wealth.

For Religion (a matter that they lay nearest to their conscience) they are led by this gro [...]d of jealousie to doubt some practise against it.

First, for that the Spanish match, which was broken by the grateful Industry of my Lord of Bucking▪ out of his Religious care (as he there declares) that the Articles there demanded might lead in some such sufferance as might endanger the quiet, if not the State of the reformed Religion here: Yet there have (when he was an Actor principal in the Conditions with France) as hard, if not worse (to the preservation of our Religion) passed then those with Spain. And the suspect is strengthened by the close keeping of this Agreement in that point there concluded.

It is no less an Argument of doubt to them of his Affections, in that his Mother end others, many of his Ministers of neer imployment about him, are so affected.

They talk much of his advancing men Papistically devoted; some placed in the camp, of nearest service and chief Command: And that the Recusants have gotten, these late years, by his power, more of courage and assurance then before. If to clear these doubts (which perhaps are worse in fancy then in [Page] truth) he took a good course, it might much advance the Publick service, against those squeymish humors that have more violent passion then setled judgment; & are not the least of the opposite number in the Common-Wealth.

The next is, The late misfortunes and losses of Men, Munition, and honour in our late Vndertakings abroad: Which the more temperate spirits impute to want of Councel, and the more sublime wits to practise.

They begin with the Palatinate, and by the fault of the loss there, on the improved credit of Gondomar, distrusting him for the staying of supplyes to Sir Horace Vere, when Colonell Cecill was cast on that imployment, by which the King of Spain became Master of the King's Children's Inheritance.

And when Count-Mansfield had a Royal Supply of Forces, to assist the Princes of our part, for the Recovery thereof: either plot or error defeated the Enterprize from Us, to Spains great advantage.

That Sir Robert Mansfield's expedition to Algiers, should purchase only the security and guard of the Spanish Coasts. To spend so many hundred thousand pounds in the Cales Voyage, against the advice of Parliament, onely to warn the King of Spain to be in a readiness, & so to weaken our selves, is taken for such a sign of ill affection to him, amongst the multitude.

The spending of so much Munition, Victuals, and Money in my Lord Willoughbie's journey, is conceived,an Vnthrifty Error in [Page] the Director of it to disarm our selves in fruitless Voyages, nay, to some (over-curious) seems a plot of danger, to turn the quarrel of Spain (our antient enemy) that the Parliament petitioned and gave supply to support, upon our Ally of France: and soon after, a new & happy Tye gave much talk that we were not so doubtful of Spain as many wish; since it was held, not long ago, a fundamental Rule of Their security and Our's, by the old Lord Treasurer Burleigh: That nothing can prevent the Spanish Monarchy, but a fastness of the two Princes, whose Amity gave countenance and courage to the Netherlands and German Princes to make head against his Ambition. And we see, by this dis-union a fearful defeat hath happened to Denmark and that party, to the great advantage of the Austrian Family.

And thus far of the Waste of publick Treasure in fruitless Expeditions: An important cause to hinder any new supply in Parliament. Another fear that may disturb the smooth and speedy passage of the King's desires in Parliament, is the late waste of the Kind's Lively-hood; Whereby is like (as in former times) to arise this Jealousie & fear: That when he hath not of his own to support his ordinary charge (for which the Lands of the Crown were setled unalterable, and called Sacrum Patrimonium Principis) that then he must of necessity rest on those Assistances of the people which ever were only collected & consigned for the Common-Wealth. From hence is is like,[Page]there will be no great labour or stiffness to induce his Majesty to an act of Resumption; since such desires of the State have found an easie way in the will of all the Princes from the third Henry to the last. But that which is like to pass deeper into their disputes and care, is the late pressures they suppose to have been done upon the publick libertie and freedom of the Subject, in commanding their Goods without assent by Parliament, confining their persons without especial cause declared; and that made good against them by the Judges lately; and pretending a Writ to command their attendance in a Forreign War: All which they are likely to enforce, as repugnant to many positive laws, and Customary Immunities of this Common-Wealth.

And these dangerous distrusts, to the people are not a little improved by this un-exemplified course (as they conceive) of retaining an Inland Army in Winterseason, when former times of greatest fear, as 88. produced no such; and makes them (in their distracted fears) to conjecture (idly) it was raised wholly to subvert their fortunes to the will of power, more then of Law; and so make good some further breaches upon their liberties and freedoms at home, rather then defend us from any force abroad.

How far such jealousies, if they meet with an unusual disorder of lawless Souldiers, or an apt distemper of the loose and [Page] needy multitude, which will easily turn away upon any occasion in the State that they can side withal, to a glorious pretence of Religion and publick safety, when their true intent will be onely Rapine of the rich, and ruine of all, is worthy a provident and preventing care.

I have thus far delivered (with that freedom you pleased to admit) such difficulties as I have taken up amongst the multitude, as may arrest, if not remove Impediments to any speedy supply in Parliament at this time. Which how to facilitate, may better become the care of your Lordships Judgments, then my Ignorance. Only I could wish,that to remove away a personal distaste of my Lord of Buckingham amongst the People, he might be pleased (if there be a necessity of Parliament) to appear a first Adviser thereunto: & what satisfaction it shall please his Majesty, of grace, to give at such time to his people (which I wish to be grounded by President of his best and most fortunate Progenitors, & which I conceive will largly satisfy the desires & hopes of all) If it may appear in some sort to be drawn down from him to the People, by the zealous care & industry that my L. of Buck hath of the publick unity & content; by which there is no doubt that he may remain, not only secure from any further quarrel with them, but merrit an happy memory amongst them of a zealous Patriot. For to expiate the passion of the people at such a time with sacrifice of any his Majesties Servants, I have ever found it (as in E. the 2. R. the 2. and H. 6.) no less fatal to the Master, then the Minister in the end.

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VALOUR ANATOMIZED IN A FANCIE.

By Sir PHILIP SIDNEY. 1581.

LONDON, Printed in the year 1672.

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VALOUR ANATOMIZED IN A FANCIE.

VAlour towards Men, is an Emblem of Ability; towards Women, a Good quality signifying a better. Nothing draws a Woman like to it. Nothing is more behoveful for that Sex: for from it they receive Protection, and in a free way too, without any danger. Nothing makes a shorter cut to obtaining: for a Man of Arms is alwayes void of Ceremony, which is the Wall that stands betwixt Piramus and Thisby, that is Man, and Woman: For there is no Pride in Women but that which rebounds from our own Baseness (as Cowards grow Valiant upon those that are more Cowards) So that only by our pale asking we teach them to deny; and by our shamefac'dness we put them in mind to be modest. Whereas indeed it is cunning Rhetorick to perswade the hearers that they are that already which the world would have them [Page] to be. This kind of Bashfulness is far from Men of valourous disposition, and especially from Souldiers: for such are ever men (without doubt) forward and Confident, losing no time left they should lose Opportunity, which is the best Factor for a Lover. And because they know Women are given to dissemble, they will never believe them when they deny. Certainly before this age of Wit and wearing Black, brake in upon us, there was no way known to win a Lady, but by Tilting, Turneying, and Riding to seek Adventures through dangerous Forrests: In which time these slender Striplings with little Legs were held but of Strength enough to marry their Widdows. And even in our days, there can be given no reason of the inundation of Servingmen upon their Mistresses, but onely that usually they carry their Masters Weapons, and their Valour. To be accounted handsome, just, learned, and well favoured, all this carries no danger with it. But it is better to be admitted to the title of Valiant acts: at least that imports the venturing of Mortality; and all Women delight to hold him safe in their Arms who hath escaped thither through many dangers. To speak 2t once; Man hath a priviledge in Valour. In Cloaths and good Faces we do but imitate Women; and many of that Sex will not think much (as far as an answer goes) [Page] to dissemble Wit too. So then these neat Youths, these Women in Mens Apparell, are too near a Woman to be beloved of her; they be both of a Trade, but he of grim aspect, and such a one a Lass dares take, and will desire hint for Newness and Variety. A Scar in a Mans face, is the same that a Mole is in a Womans, and a Mole in a Womans is a jewel set in White, to make it seem more white. So a Scar in a Man is a mark of honour, and no blemish, for 'tis a Scar and a blemish in a Souldier to be without one. Now as for all things else which are to procu [...]e love, as a good Face, Wit, Cloaths, or a good Body; each of them (I must needs say) works somewhat for want of a better; that is, if Valour corri [...]e not therewith. A good Face a [...]aileth nothing; if it be on a Coward that is bashful, the utmost of it is to be kist; which rather increaseth than quen [...]beth Appetite. He that sendeth her Gifts, sends her word also, that he is a Man of small Gifts otherwise; for wooing by signs and tokens, implies the Author dumb. And if Ovid (who writ the Law of Love) were alive, as he is extant, and would allow it as a good diversity; then Gifts should be sent as Gratuities; not as Bribes; and Wit would rather get promise, than Love. Wit is not to be seen, and no Woman takes advice of any in her Loving, but of her own Eyes, or her [Page] Wayting Woman: nay, which is worse, Wit is net to be felt, and so no good Bedfellow. Wit applyed to a Woman makes her dissolve her simperings, and discover her Teeth with Laughter; and this is surely a purge for Love: for the beginning and original of Love is a kind of foolish Melancholly. As for the Man that makes his Taylor his Bawde, and hopes to inveagle his Love with such a coloured Suit, surely the same man deeply hazzards the losse of her Favour upon every Change of his Cloaths. So likewise the other that Courts her silently with a good Body, let me tell him that his Cloaths stand alwayes betwixt his Mistriss eyes and him. The Comliness of Cloaths depends upon the Comliness of the Body, and so both upon Opinion. She that hath been seduced by Apparell, let me give her to wit, that men always put off their Cloaths before they go to bed; and let her that hath been inamoured of her Servants Body, understand, that if she saw him in a skin of Cloath (that is, in a suit made to the pattern of his body) she would discern slender cause to Love him ever after. There are no Cloaths fit so well in a Womans eye, as a Suit of Steel, though not of the fashion: and no man so soon surpriseth a Womans Affections, as he that is the subject of Whisperings, and hath alwayes some 20 stories of his own Atchievements [Page] depending upon him Mistake me not, I understand not by Valour one that never fights but When he is backt by Drink or Anger, or hissed on by Beholders; nor one that is desperate, nor one that takes away a Servingmans Weapons, when perhaps they cost him his quarters wages; nor one that wears a privy Coat of defence, and therein is Confident: for then such as make Bucklers would be accounted the very scum of the Common-wealth. I intend one of an even Resolution, grounded upon Reason, which is alwayes even; having his Power restrained by the Law of not doing Wrong.

Philip Sidney.

Wooing-stuff.

FAint Amorist: what, do'st thou think

To taste Loves Honey, and not drink

One dram of Gall? or to devour

A world of sweet, and taste no sour?

Do'st thou ever think to enter

Th' Elisian fields that dar [...]st not venture

In Charons Barge? a Lovers mind

Must use to sayle with every wind.

[Page] He that loves, and fears to try,

Learns his Mistris to deny.

Doth she chide thee? 'tis to shew it,

That thy Coldness makes her do it;

Is she silent? is she mute?

Silence fully grants thy Sute;

Doth she pout, and leave the room?

Then she goes to bid thee come;

Is she sick? why then be sure,

She invites thee to the cure;

Doth she cross thy sute with No?

Tush, she loves to hear the woo;

Doth she call the faith of man

In question? Nay, 'uds-foot, she loves thee than;

And if e're she make a blot.

She's lost, if that thou hit'st her not.

He that after ten denials,

Dares attempt no farther tryals,

Hath no warrant to acquire

The Dainties of his Chaste desire.

Philip Sidney.

§

§

§

[Page]

Sir Francis Walsingham' s ANATOMIZING Of

Honesty,

Ambition, and

Fortitude.

Written in the year 1590.

LONDON: Printed in the Year 1672.

[Page]

[Page]

Sir Francis Walsinghams ANATOMIZING Of • Honesty, , • Ambition, and , and • Fortitude. 

WHat it is directly that I wil write, I know not: For, as my thoughts have never dwelt long upon one thing; and so my Mind hath been filled with the Imagination of things of a different nature: So there is a necessity that this Ofspring of so un-composed a Parent must be mishaped, answerable to the Original from whence it is derived. Somewhat I am resolved to write, of some Virtues, and some Vi [...]es, and some indifferent things. For, knowing that a Mans life is a perpetual Action, which every moment is under one of these three heads; my Imaginations have ever chiefly tended to find cut the Natures of these things, that I might, (as much as my Frailty (the inseperable companion of Mans nature) would give me [Page] leave) wear out this Garment of my Body, with as little Inconvenience to my Soul as I could, and play this Game of Conversation (in which every one (as long as he lives) makes one) with the reputation of a fair Gamester, rather than of a cunning one.

And first I will write of Honesty; not in its general sense (in which it comprehends all Moral Vertues) but in that particular in which (according to our phrase) it denominates an Honest man.

Honesty is a quiet passing over the days of a mans life, without doing Injury to another man.

There is required in an Honest man, not so much to do every thing as he would be done unto, as to forbear any thing that he would not be content to suffer; For the Essence of Honesty consists in forbearing to do ill: And to good Acts is a proper Passion, and no Essential part of Honesty. As Chastity is the Honesty of Women, so Honesty is the Chastity of Man. Either of them once impaired is irrecoverable. For a Woman that hath lost her Maidenhead, may as easily recover it, as a Man that hath once taken liberty of being a Knave can be restored to the title of an Honest Man. For Honesty doth not consist in the doing of one, or one thousand Acts never so well; but in spinning on the delicate Threds of Life, though not exceeding Fine, yet free from Bracks, [Page] and Staines. We do not call him an Honest man, but a Wotthy man, that doth brave eminent Acts: But we give him the title of an Honest man, of whom no man can truly report any ill.

The most eminent part of Honesty is Truth: not in VVords (though that be necessarily required) but in the Course of his Life; in his Profession of Friendship; in his Promise of Rewards and Benefits to those that depend upon him; and grateful acknowledging those good turns that he receives from any man.

The greatest Opposite to Honesty is Falshood; and as that is commonly waited upon with Cunning and Dissimulation, so is Honesty with Discretion and Assurance.

It is true, that Custome makes some apparently false; some through Impudence, and too much use; and other some for want of Discretion, which if they had had, should have been employed in Covering it. And there be some, in whom (though it be impossible Honesty should be a Fault in Society) their indiscreet managing of it, makes it holden for a thing that's meerly a Vice, a wonderful troublesome Companion.

An Honest man is as neer an Aptitude to become a Friend, as Gold is to become Coyne: he will melt with good Offices well done, and will easily take the stampe of true Friendship; and having once taken [Page] it, though it may be bended and bruised, yet still will keep his stamp clean without Rust or Canker, and is not ashamed to be enclosed in it, but is contented to have all his glory seen through it onely.

It is of it self a Competent Estate of Vertue, able to supply all necessary parts of it to a Mans own particular, and a Man that is born to it, may raise himself to an eminency in all Vertues; though of it self it will not furnish a Man with the abilities of doing any glorious thing. It is pity that Honesty should be abstracted from the lustre of all other Vertues. But if there be such an Honesty, the fittest Seat for it is the Countrey, where there will be little need of any greater Ability, and it will be least subject to Corruption. And therefore, since it is the Foundation upon which a man may build that part of his life which respects Conversation, he that builds upon it (let his actions be never so mean) shall be sure of a good, though not of a great Reputation; whereas letting it perish, let the rest of the Building of his life be never so eminent, it will serve but to make the ruine of his good Name more notorious.

[Page]

Of Ambition.

LOve, Honour, and Praise are the greatest Blessings of this world: All other Contents reflect primarily upon the Body: and please the Soul onely because they please some one or more Senses. But those therefore only delight the Senses, because the Soul by discourse was first pleased with them. For in it self there is more Musick in a railing Song, thrust upon a good Ayre, than in the confused Applause of the multitude. But because the Soul, by Discourse, finds this Clamor to be an argument of the estimation which those that so Commend it have of it, it likes it self better, and rejoyceth the more init self, because it sees other men value it. For there are two wayes of proving; the one by Reason, and the other by Witness; but the more excellent Proof is that of Reason: For he that can by Reason prove any thing to me makes his knowledge mine, because by the same Reason I am able to prove it to another: But if 20. men should swear to me they saw such a thing, which before I did not believe; it is true, I should alter mine opinion, not because there appeared any greater likelihood of the thing; but because it was unlikely that so many men should lie: And if I should go about to make others of the fame opinion, I could [Page] not doe it, by telling them I knew it, or I saw it; but all I could say, were, I did believe it; because such and such men told me they saw it. So in the Comfort a man takes of himself (which grows out of the consideration of how much it self deserves to be beloved) a vertuous wise fellow will take enough Comfort and Joy in himself (though by Misfortune he is troubled to carry about with him the worlds Ill Opinion) by discoursing that he is free from those Slanders that are laid upon him, and that he hath those Sufficiencies and Venues which others deny. And on the contrary side, he without deserving it (having the good Fortune to be esteemed and honoured) will easily be drawn to have a good Opinion of himself; as, out of Modesty, submitting his own Reason to the testimony of many witnesses.

Ambition in it self is no Fault; but the most natural Commendation of the Soul, as Beautie is of the Bodie: It is in Men, as Beauty is in Women. For, as to be naturally exceeding handsome, is the greatest Commendation of that Sex, and that for which they most desire to be Commended; so that Ambition by which Men desire Honour the natural way (which consists in doing honourable and good Acts) is the root of the most perfect Commendation that a Morall Man is capable of.

[Page] Those onely offend in their Ambition, who out of the earthliness of their minds dare not aspire to that true Honor which is the estimation of a man, being as it were the Temple wherein Vertue is inshrin'd; And therefore settle their minds onely upon attaining Titles and Power; which at the first were, or at least should be the Mark whereby to distinguish men according to the Rate of their Vertues and sufficiencies; but are now onely Arguments of a Mans good Fortune, and effects of the Princes favour.

It is true that Power is a brave addition to a worthy Man; but a Fool, or a Knave that is powerful, hath (according to the degree of his Power) just that advantage of a vertuous prudent man, that Adam, before he fell, had of the Angels that stood; an Ability to do more ill.

As for Titles (which at first were the marks of Power; and the Rewards of Vertue) they are now (according to their name) but like the Titles of Books, which (for the most part) the more glorious things they promise, let a Man narrowly peruse them over, the less substance he shall find in them. And the wooden Lord is like the Logg that Jupiter gave the Frogs to be their King; it makes a great noise; it prepares an expectation of great matters, but when they once perceived it unactive, and senlesly lying still, the wiser sort of Frogs began to despise [Page] it, and (in fine) every young Frogling presumed to leap up and down upon it.

Some few there are, who (least the species of our antient worthy Lords should be lost) do preserve in themselves the will and desire, since they want the means, to do brave and worthy Acts. And therefore I say, let a Man by doing worthy Acts deserve honour, and though he do not attain it, yet he is much a happier man than he that gets it without desert. For such a man is before hand with Reputation; and the world still owes him that honour with his deserts cry for, and it hath not paid; VVhereas that man that hath a great Reputation, without deserving it, is behind-hand with the world; and his honour is but lent, not paid; And when the world comes to take accompt of its Applause, and finds his Title of Merit (by which he pretends to it) weak and broken, it will recall it's Approbation, and leave him by so much the more a notorious Bankrupt in his good Name, by how much the Estimation of his Wealth that way was the greater.

Of Fortitude.

FOr a Man to be compleatly happy there is required the Perfection of all Morall Virtues; And yet this is not enough; [Page] For, Virtues do rather banish Misfortunes, and but shew us Joy, than establish Felicity: VVhich is not onely an utter Alienation from all Affliction, but an absolute Fulness of Joy. And since the Soul of Man is infinitely more excellent than any thing else it can meet withal in this VVorld, nothing upon Earth can satisfie it, but in the enjoying of the greatest Abundance of all delights that the most nimble witted Man can frame to himself; For that his Soul will still have a further Desire, as unsatisfied with that it enjoyes. (Therefore the Perfection of Happiness consists in the Love of God; which is onely able to fill up all the Corners of the Soul with most perfect Joy; and consequently to fix all its desires upon those Celestial Joyes that shall never be taken from it. But this, as it cannot be obtained by Discourse, but by unfeigned Prayer, and the Assistance and Illumination of Gods Grace; So is it not my purpose to prick at it. And for that part of Felicity which is attained to by moral Virtue, I find that every Virtue gives a Man Perfection in some kind, and a degree of Felicity too: viz.

Honesty, gives a Man a good Report;

Justice, Estimation and Authority;

Prudence, Respect and Confidence;

Courtesie, and Liberality, Affection, and a kind of Dominion over other Men.

[Page] Temperance, Healthy.

Fortitude, a quiet Mind, not to be moved by any Adversity, and a Confidence not to be Circumvented by any danger.

So that all other Virtues give a Man but an outward Happiness, as receiving their Reward from others; onely Temperance doth pretend to make the Body a Stranger to Pain, both in taking from it the Occasion of Diseases, and making the outward Inconveniences of VVant, as Hunger and Cold, if not delightful, at least suffareble.

Fr. Walsingham.

§

§

§

[Page]

A Brief DISCOURSE Concerning the Power of the PEERES AND COMMONS OF PARLIAMENT In point of JUDICATURE.

Written by Sir Robert Cotton, at the request of a Peer of this REALM.

LONDON: Printed in the Year 1672.

[Page]

[Page]

A Brief DISCOURSE Concerning the POWER Of the PEERS, &c.

SIR, To give you as short an accompt of your desire as I can, I must crave leave, to lay you, as a ground, the frame or first model of this State.

When, after the Period of the Saxon time Harold had lifted himself into the Royal Seat, the great Men, to whom but lately he was no more than equal either in fortune or power, disdaining this Act of Arrogancy, called in William, then Duke of Normandy, a Prince more active than any in these Western Parts, and renowned for many Victories he had fortunately atchieved against the French [Page] King, then the most potent Monarch of Europe.

This Duke led along with him to this work of Glory, many of the younger Sons of the best Families of Normandy, Picardy, and Flanders, who as Undertakers, accompanied the Undertaking of this fortunate Man. The Usurper slain, and the Crown by War gained; To secure Certain to his Posterity what he had so suddenly gotten, he shared out his purchase, retaining in each County a portion to support the Dignity Soveraign, which was stiled Domenia Regni, now the antient Demeans; And assigning to others his Adventurers such portions as suited to their quality and expence, retaining to himself dependency of their personal service (except such Lands as in free Alms, were the portion of the Church) these were stiled Barones Regis, the Kings immediate Free-holders; for the word Baro imported then no more.

As the King to these, so these to their followers sub-divided part of their shares into Knights Fees; and their Tenants were called Barones Comites, or the like; for we find, as the Kings write in their Writs, Baronibus suis & Francois & Anglois; the Soveraigns Gifts, for the most part, extending to whole Counties or Hundreds, an Earl being Lord of the one, and a Baron of the inferiour Donations [Page] to Lords of Townships or Mannors. AS thus the Land, so was all course of Judicature divided; even from the meanest to the highest portion, each several had his Court of Law, preserving still the manner of our Ancestors the Saxons, who jura per pagos reddebant; and these are still termed Court Barons, or the Freeholders Court, twelve usually in number, who with the Thame or chief Lord were Judges. The Hundred was next; where the Hundredus or Aldermanus, Lord of the Hundred, with the chief Lords of each Township within their limits judged.

Gods People observed this form in the publique, Centuriones & Decani judicabant plebem onni tempore. The County or generale placitum was the next; This was, so to supply the defect, or remedy the Corruption of the Inferiour, Vbi Curiae Dominarum probantur defecisse, pertinent ad Vicecomitem Provinciarum. The Judges here were Comitos, Vicecomites, & Barones Comitatus qui liberas in eo terras h [...] bent.

The last and supream, and proper to our question, was Gener ale Placitum apud London, Vniversalis Synodus, in Charters of the Conqueror, Capitalis Curia, by Glanvile.Lib. Ep. Glanvile. Magnum & Commune consilium coram Rege & Magnatibus suis. In the Rolls of Hen. the third, it is not stative, but summoned by Proclamation; Edicitur generale placitum apud London, [Page] saith the Book of Abingdon; whither episcopi, Duces, Principes, Satrapae, Rectores, & Causidici ex omni parte confluxerunt ad istan Curiam, saith Glanville, Causes were referred propter aliquam dubitationem quae emergit in Conitatu, cum Comitatus nescit dijudicare. Thus did Ethelweld Bishop of Winton transfer his Suit against Leoftine from the County, [...]d generale placitum, E [...]b Sancti Etheldredi Epise. in the time of King Ethildred: Queen Edgin against Goda from the County appealed to King Etheldred at London, Congregatis principibus & sapientibus Aogliae. A Suit between the Bishops of Winton and Durham, in the time of Saint Edward, Coram Episcopis & Principibus Regni in praesfentia Regis, ventilata & finita. In the 10. year of the Conqueror, Episcopi, Comites, & Barones Regia potestate e diversis Provinciis ad universalem Synodum pro causis audiendis & tractandis convocati, saith the Book of Westminster, and this continued all along in the succeeding Kings Reigns until towards the end of Henry the third.

As this great Court or Councel consisting of the King and Barons, ruled the great affairs of State, and controlled all inferiour Courts, so were there certain Officers, whose transcendent power seemed to be set to bound in the execution of Princes Wills; as the Steward, Constable, and Marshal, fixed upon [Page] Families in Fee for many Ages: They as Tribunes of the People, or Ephori amongst the Athenians, grown by an unmannerly Carriage, fearful to Monarchy, fell at the Feet and mercy of the King, when the daring Earl of Leicester was slain at Eversham. This Chance, and the dear experience Henry the third himself had made at the Parliament at Oxford in the 40. year of his Reign, and the memory of the many streights his Father was driven unto, especially at Runnymead near Stanes, brought this King wisely to begin what his Successors fortunately finished, in lessening the strength and power of his great Lords. And this was wrought by searching into the Regality they had usurped over their peculiar Soveraigns (whereby they were (as the Book at St. Albans tearmeth them) Quot Domini tot Tyranni) and by weakening that hand of power which they carried in the Parliaments, by commanding the service of many Knights, Citizens, and Burgesses to that great Councel. Now began the frequent sending of Writs to the Commons, their assents not only used in Money, Charge, and making Laws (for before all Ordinances passed by the King and Peers) but their consent in Judgements of all natures, whether Civil or Criminal. In proof whereof I will produce some few succeeding Presidents out of Record.

[Page] When Adomar that proud Prelate of Winchester, Eliber Sancti Albans fol. 20 [...] Anno 44, [...]. 3. the Kings half Brother, had grieved the State with his daring power, he was exised by joynt sentence of the King, the Lords, and Commons; and this appeareth expresly by the Letter sent by Pope Alexander the fourth expostulating a revocation of him from Banishment, because he was a Churchman, and so not subject to Lay Censures. In this, the Answer is, Si Dominus Rex & Regni majores hoc vellent, meaning his revocation, Communitas tamen ipsius ingressum in Angliam jam nullatenus sustineret. The Peers subsign this Answer with their names, and Petrus de Montford vice totius Communitatis, as Speaker or Proctor of the Commons; For by this stile Sir J. Tiptoft Prolocutor affirmeth under his Arms the Deed of entaile of the Crown by King Henry 4.Ch [...]rtaorig. sub [...]i,ill Ann. 8. H. 4. apud Rob. Cotton in the 8. year of his Reign, for all the Commons.

The Banishment of the two Spencers in 15. E. 2. Praelati Comites & Barones & les autres Peeres de la terre & Commons de Roialme, Rot. Parl. am.o 15 E.2. give Consent and Sentence to the Revocation and Reversement of the former Sentence; the Lords and Commons accord,Rot Parl.anno 16. E.2. and so it is expressed in the Roll.

In the first of Edward the third,Rot. Parlanno 1. E. 3. n. 11. when Elizabeth the Widdow of Sir John de Burgo Complained in Parliament, that [Page] Hugh Spencer the younger, Robert Baldock, and William Cliffe his Instruments, had by duress forced her to make a writing to the King, whereby she was dispoiled of all her inheritance, Sentence was given for her in these words. Pur ceo que avis est al Evesques Counts & Barones & autres Grandes & a tout Cominalte de la terre, que le dit escript est fait contre ley, & tout manere de raison si fuist le dit escript per agard delparliam. dampue elloques al livre ala dit Eliz.

In the 4th. of Edward 3. it appears by a Letter to the Pope, that to the Sentence given against the Earl of Kent, the Commons were parties as well as the Lords and Peers; for, the King directed their proceedings in these words; Comitibus, Magnatibus, Baronibus, & aliis de Communitate dicti Regni as Parliamentum illud congregates iu [...]unximus, ut super his discernerent & judicarent quod ratione & justitiae conveniret, habere prae oculis, solum Deum qui cum concordi & unaenimi sementia tanquam reum criminis laesoe majestatis morti abjudicarent ejus sententia, &c.

When in the 50th.Parl. Anno [...] Ed: 3. of E. 3. the Lords had pronounced the Sentence against Richard Lyons. otherwise than the Commons agreed; they appealed to the King, and had redress, and the Sentence entred to their desires.

When in the first year of R. 2.Parl. 1. R. 2. n. 38, 39. William[Page]Weston, and John Jennings were arraigned in Parliament, for surrendring certain Forts of the Kings, the Commons were parties to the Sentence against them given, as appeareth by a Memorandum annexed to that Record.

In I H. 4. although the Commons refer by protestation,Parl. 1. H. 4. the pronouncing the sentence of deposition against King Richard the Second, unto the Lords, yet are they equally interessed in it, as appeareth by the Record, for there are made Proctors or Commissioners for the whole Parliament, one Bishop, one Earl, one Abbot, one Barronet, and Two Knights, Gray and Erpingham, for the Commons; and to infer, that because the Lords pronounced the sentence the point of Judgment should be only theirs, were as absurd, as to conclude that no authority was left in any other Commissioner of Oyer and Terminer than in the person of that man solely that speaketh the Sentence.

In the Second of Hen. Ho [...]. Parl. An. [...]. H. 5. the 5th the Petitions of the Commons importeth no less than a Right they had to act and assent to all things in Parliament; and so it is Answered by the King. And had not the Journal Roll of the Higher House been left▪ to the sole entry of the Clerk of the upper house, who, either out of neglect to observe due form, or out of purpose to obscure the Commons right, [Page] and to flatter the power of those he immediately served, there would have bin frequent examples of all times to clear this doubt, and to preserve a just Interest to the Commonwealth. And how conveniently it suits with Monarchy to maintain this form, lest others of that well-framed body, knit tinder one head, should swell too great and monstrous, it may be easily thought. For, Monarchy again may sooner groan under the weight of an Aristocracy, as it once did, then under a Democracy, which it never yet either felt or feared.

R: C: B.

FINIS.

Information about this book

Title statement

Cottoni posthuma divers choice pieces of that renowned antiquary, Sir Robert Cotton, Knight and Baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by J.H., Esq.Selections. 1672

Cotton, Robert, Sir, 1571-1631.

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1672

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2006-02 (EEBO-TCP Phase 1).

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A34709

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Wing C6486

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ESTC R2628

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12697718

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65928

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(EEBO-TCP ; phase 1, no. A34709)

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— Cottoni posthuma divers choice pieces of that renowned antiquary, Sir Robert Cotton, Knight and Baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by J.H., Esq., Selections. 1672, Cotton, Robert, Sir, 1571-1631., Howell, James, 1594?-1666..

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[8], 351 p.

Printed for Richard Lowndes ..., and Matthew Gilliflower ...,. London :: 1672.. (Dedication signed: James Howell.) (Consists of 16 pieces, each (except the first) have special t.p.) ("The life and raign of Henry the Third," listed in the contents, is replaced by "The danger wherein this kingdome now standeth.") (Includes bibliographical references.) (Reproduction of original in Huntington Library.)

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Editorial practices

EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.