Councels in this kind 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 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 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 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 pro solennitate Sponsalium Coronationis consulted with his people in his first year in his sixth year super diversis negotiis statum regni expeditionem Guerrae Scotiae specialiter tangentibus 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 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 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 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 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 their Sovereign to this holy enterprize but humbly advise a forbearance this year for urgent occasions The same year 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 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 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 In the 13. year the Grands and Commons are called to consult and advise how the Domestick quiet may be preserred 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 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 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 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 the chief Justice Thorpe declaring to the Peers and Commons 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. 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
instructions warrant to restore that right again to the Imperial Throne Charls will follow him from Barcellona with an Army 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 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 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 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. 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. 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 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 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 sometimes Generale Placitum and sometimes Synodi and Synodalia decreta 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 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 It was at first as now Edicto Principis at the Kings pleasure Towards the end of the Saxons and in the first time of the Norman Kings it stood in Custome-Grace to Easter Whitsontide and Christmas fixed 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 in recognition of their pre-obliged faith and present service until the unsafe time of King John by over-potent and popular Lords gave discontinuance to this constant grace of Kings and then it returned to the uncertain pleasure of the Soveraigns summons 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 which ordinary Courts nesciebant judicare as Glanvill the grand judge under Henry the second saith where the presence of the King was still required 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 Rex tenetur omni modo personaliter interesse Parliamento nisi per Corporalem agritudinem detineatur Then to 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 Abbatibus 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 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 against Earl Goda to Eldred the King at London Congregatis Principibus sapientibus Angliae In the year 1502. under Edward the Confessor Statutum est placitum magnum extra Londinum quod Normanni ex Francorum consuetud 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. 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 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 by Walter Mape a Learned 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 and so out-went in quiet guidance of the State his best progenitors 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 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 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 The sute between the Church of Lincolne and Saint Albanes 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 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 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 in Parliament in the fifteenth year of his Raigne at the complaint against the Spencers 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 but not at the Tryall And the next year in the treaty of the French affaires 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 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 now the Court of requests Rex cum magnatibus conveniunt Communes super negotiis Regni In the tenth of Richard the second 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 fourty dayes that then Ex antiquo Statuto they may returne absque doâ—igerio Regis to their severall homes Henry the fourth began his first Parliament the first of November 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 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 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 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 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 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 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. 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 the 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 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 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 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 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 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 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 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 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 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 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 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. 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 there was allowed the party his purgation Which was either Canonicall or Legall The first by Oath and called Canonicall because it is Lawfull 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 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
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. 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 no Opinion is delivered in that Book one 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 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 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 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 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. câ— 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 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
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. 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 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 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 Zâ—lâ—t he was to his 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 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 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 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 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 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 Morte affligendos Romani non judicârunt quanqnam visi sunt ut hostium loco essent justamen Gentium voluit
not a cord about their necks ready for vengeance 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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
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 serving for a time 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 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 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 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 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 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 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 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 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 in this our native soile we perceive 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 but how hard soever it be
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 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 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 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 precedent and subsequent 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 to be looked at 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 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 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 Tâ—ce leqâ—re said God to 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 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 over the sword that one eminent Vertue razeth out the memory of other errours and placeth him that so dieth in Paradise 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 because of their good successe nor
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 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 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 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 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 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 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 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
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 Marshaâ—â—â—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 Sâ—ldâ—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 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 eâ—er intended of any other Law than the Common Law and yet even by these other 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 Knightâ—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 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 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 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
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 Gavâ—ston and Spencer for doing the like for themselves and their followers in Edward the 2. time and the Lady Vâ—ssy for procuring the like for 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 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 dâ—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 râ—suâ—eret actualiter omnia pâ—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 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 actâ—oâ—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 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 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 will trench both into the Honour the Justice and the Profit of my Royal Master very farre All Estates do stand Mag is Famâ quam Vi 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 both in purity and weight from that of elder and more barbarous times must stick
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 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. 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 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 Gold-coyn 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 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 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 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
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 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 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 groâ—â—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 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 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 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
new age succeed of Christians by education made Religious The brâ—achers of a bad cause being touched in Conscience at the first move slowly but if they prevaile they grow tyrannous beyond measure Most men will affect to be such as the highest Trusts and Favours A great man is an Idol in the eyes of mean People and draws many tâ— imitate his actions Few Laws well executed are better than many A Crown of Glory once attained hath power to dispence with former faults He Counsells best that prefers the Cause of God and the Commonwealth before any particular Hen. 4. Ex rot orig interacta Concil Hen. 4. Hen. 5. Ex rot in actis Council anno 2. Hen. 5. in Fin. Ex rot orig an 3 Hen. 5. Ex ordinat anno 9. Hen. 5. Hen. 6. Ex rot Par. anno 12. Hen. 6. n. 24. Queen Eliza. Ex comp Din Burghley Thesaur Edw. 2. Ex Angl. M. S. folio 29. Ex libro Do. Aula Regis Edw. 3. Rot. Paâ—l anno 36. Edw. 3 Rich. 2. Rot. Parl. 1. Ric. 2. Rot. Parâ—an Rich. 2. Rot. 4. Parl. an 5. 6. Rich. 2. Hen. 4. Rot. Parl. an 4 7 11. Hen. 4. Ex Ordinat in Rot. Act. Câ—ncâ—l an 11. Hâ—n â— marked â—R Hen. 6 Rot. Par an 2. 18. Hen. 6. Edw. 4 Ex. rot Parl an â—2 Edw. 4. Ex lib. ordin Hospitii temp Edw. 4. Rot. Par. an 27. Edw. 3..7 Hen. 4. n. 3. Mich. recep 27. Hen. 6. n. 9. Edw. 2. Ex Aula Regis fact temp Ed. 2. Hen. 4. Act. concil 8. Hen. 4. marked P. P. Hen. 6. Ed. 4. Ex lib. ord tem Ed. 4 Ordinat Car Woolsey Hen. 8. Hen. 2. Ex Gervas Doro. bern Rich. 1. Ex Richardo canonico in vita Rich. 1. Hen. 3. ex lib. Sect. Albani Wil. Rishang lit Baron Papae Edw. 2. Ex ordina 3 Ed. 2. in li. legum manuscript fol. 285. Rich. 2. Ex rot Parl. an 10. Rich. 2. He. 4. Ex rot Par. an 7. 1â— Hen. 4. Rich. 2. Rot. Par. an 21. Ri 2. an 2 4 5. Hen. 4. n 9. Hen. 4. Rot. Par. an 7. H. Rot. Par. ann 11. H. 4. n. 23. Hen. 6. Pars. Parl. 2. an 25. Hen. 6. m. 24. Ex rot Parl. an 28. Hen. 6. Rich. 2. Ex rot Par. an 1. Hen. 4 Ex lib. rub in Secto Ex Jo. Eversden Ex hist Roffens Ex rot Parl. temp Ed. 3. Ex rot Par. annis 2 3 5. Rich. 2. Rot. Parl. 8 9. Hen. 4. Ex Rot. Parl. an 13. Hen. 4. 1. Hen. 5. Ex Benedict-Monacho in vita Hen. 2. Ex Adam Merioneth ex Rot. Par. anno 4. Rich. 2. Ex Rad. cogshal Ex hist Roffen Rot. Par. an 23. 3 7. Hen. 4. Ed. 1. 13. Ed. Rot. Par. anno 15. Ed. 3. n. 16. Ex rot Par. an 7 8 9 10. 11. Rich. 2. Ex rot Par. an 4. 7 Hen. 5. rot Par. 7. Edw. 4. Ex original an 3 Rich. 2. Rot. ordinat an 5. claus an 9 10. Edw. 2. Rot. Par. an 1. Rich 2. Rot. Parl. an 1 2 6. Hen. 4. Ex Rot. Par. an 1. 2. Hen. 5. Rot Par. anno 28 29 3. Hen. 6. Ex act Cons an 21. Hen. 6. Rot. Par. an 2 Hen. 7. Rot. Parl. an 13 Ed. 3. act concil 20. 22 Hen. 6. Claus an 26. Hen. 3. Clau. 29. Ed. 1. Rot. fran an 9. Edw. 2. Comune insc 30 Edw. 3. Parl. anno 7. Rich. 2. Parl. anno 5. Hen. 5. Par. an 10. 12. 29. Hen. 6. Act. concil an 22. Hen. 6. Ex billa sign an 15 Hen. 6. 12. Edw. 4. Rot. original an 33. Hen. 4. marked B B. Rot. act conc 13. Hen. 4. Rot. act concil 13. Hen. 4. Ex ordinat Concil an 3. Hen. 5. marked N. N. Ex instruc Comiss 14. Hen 8. Roâ— Parl 12. Rich. â— Ex Charta Episcop Cant. Ro. claus 29. Edw 1. claus 35 Edw. 3 Ex insruct original 20. Hen. 6. Ex act Paâ—l an 3. Mariae Ex instructione original 17. Hen. 8. Lib. Domesday Rot. Parl. an 7. Hen. 4. Rot. fin an 2. Edw. 2. Rot. â—arl an 15. Edw. 2. Rot. claus an 7. Edw. 2. Rot. claus an 13 Hen 3. memb 10. Rot. fin 2 3 Edw. 1. Rot. valcon 22. Edw. 1. Rot. Alinaig 12. Edw. 3. Act Concil an 10. Hen. 6. Warrant sub privat sigill an 9 Eliz. Reginae Rot. Parl an 29. Hen. 6. n. 15. Rot. claus an 19. Hen. 3. Rot. Parl. 15. Rich. 2. Ex billa signat an 20. Rich. 2. Ex petit an 5. Hen. 6. Ex act Concil Ex billa original an 10. Edw 4. Ex lib. comp inter Hen. 7. Dudley Ex lib. Hen. 7. Rot. Almaign 3. Edw. 3 Rot. claus 29. Ed. 1. Ex tract Bruxelles Magna Charta 30. Dorâ— clau an 16. Hen. 3. n 20. Statut. an 25. Ed. 1. Rot. Parl. 31. Edw. 1. cap. 1. 2. Rot claus an 11. Edw. 2. Rot. fin 1. Ed. 3. Statute 2. Ed. 3. cap. 9. Rot Par. 6. Ed. 3. tat 11. Ed. 3. cap. 1. Ro. Almaign 12. Edw. 3. memb 22. indors Stat. 1â— Ed. 3. Rot. Parl. 1. Edw. 3. Stat. 14. Edw. 3. Licencegranted by Henry 4. Henry 5. Henry 6. to many Merchants with non obstante any statute Ordinat Concil an 12. Hen. 6. Merchants Clau. anno 5. Edw. 3. Original 17. Edw. 3 rot 2. Ex Rod. cogshal Rot. Ragman an 7 Ed. 7. Rot. Quo warranto 8. Ed. 3. Rot. Warranto 13 Edw. 3. Instructio original 22. Rich. 2. Process con Dudley an 1. Hen. 8. Lib. aquitanc inter Hen. 7. Dudley Emilius in vita Lewis 12. Vâ—s cap. 40. ex instructione Caroli 5. to Ph. l. 2. Ex Scacar inter rememb Regis 27. Ed. 3. Ex composit original inter Caâ—d Woolsey Archiep Cant dated 14. Hen. 8. 3. Reasons out of President 1. Imperial constitutons 2. Saxonlaws Acts in Parliament Justinian Tripartita Historia Distinct 196. 1. Nicep lib. 11. Concil Caâ—â—h Affric Zozimus Ambros l 5. Ep. 32. Russâ—us Ec. clef hist l. â— Athan. Epist ad solit vitam agent Dionysius Hâ—licâ—rn Saxon Laws Leges Inae Textus Roffensis Leges Regum Saxorum Eulogium All the Clergy members of Parliament proved by Record Rot. Parl. 18. Edw. 3. Rot. Parl. an 3. Rich. 2. Rot. Parl. an 4. Rich. 2. Rot. Parl. an 11. Ri. 2. 11. â— Rot. Parl. an 21. Rich. 2. n. 9. 10. Rot. Parl. an 21 Rich. 2. n. 51. 2. Ric. 2. n. 58. 1. Hen. 4. Rot. Parl an 6. He. 6. n. 27. William Mâ—lmesbury Lib. Ecclesiae Cantuar. Vita Hen. 2. Beda Provincial Consitutions Rot. Parl. Claus 5. Rich. 2. Charae â—ntiquae B. B. Ambrosiâ—s Concil 11. Toletan â—d consentiendum Writ of summons Rot. claus an 22. Rich. 2. â— 7. Archivis Archiepis Rot. Patl. 18. Edw. 1. Usurie Vexâ—tion by Ordâ—naries Rot. Parl. 8. Edw. 3. Citations Rot. Parl. an 1. Rich. Pecuniarie pains 5. Rich. 2. Ecclesiastical Courts Tythes 17. Rich. 2. n. 43. Learned Ministery Rot. Par. an 2. Hen. 4. â— 44. 4. Hen. 4. 11. Hen. 4. Rot. Par. an 1. Hen. 5. Rot. Par. an 3. Hen. 6. Rot. Parl. an 4. Hen. 1. Chartae Aâ—iquae B. B. Leges Saxon. Concil Chale Levit. 14. Object 1 Object 2 Resp Object 3 〈…〉 No. Vic. Leicester De ponend per Ballium Deponend pâ—â— ballium Deponend Par. ballium Adam deponend in ball Pro Georgio de Rupe Pro Iacobo de Audele de non veniendo ad Parliamenta Pro Roberto de Insula milite de nonvâ— endo ad Parliament Pro Rich. Duce Ebor. de tenend Parliamentum nomine Regiâ— De non veniend ad Parlia Lovel summonit Parliamenti Pro Henrico Dom. Vessey de exemptione Honour Justice Profit Honour Edw. 1. Hen. 6. Hen. 8. Queen Eliz. Edw. 4 Iusticeâ— Bodin Theoderet the Gothe Mirror des Iustices Edw. 1. 3. Hen. 4. 5. Profit 18. Edw. 3. 1573. 5. Edw. 6. 3. Mariae 4. Eliz. Lib. Ep. Glanvile Eâ—b Sancti Etheldredi Epise Eliber Sancti Albans fol. 20â— Anno 44 â— 3. Châ—rtaorig subâ—i ill Ann. 8. H. 4. apud Rob. Cotton Rot. Parl. am o 15 E. 2 Rot Parl. anno 16. E. 2 Rot. Parlanno 1. E. 3. n. 11. Parl. Anno 〈◊〉 Ed 3. Parl. 1. R. 2. n. 38 39. Parl. 1. H. 4. Hoâ— Parl. An. â— H. 5.
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 Winter-season 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 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 VALOUR ANATOMIZED IN A FANCIE By Sir PHILIP SIDNEY 1581. LONDON Printed in the year 1672. 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 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 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 't is a Scar and a blemish in a Souldier to be without one Now as for all things else which are to procuâ—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 corriâ—e not therewith A good Face aâ—aileth nothing if it be on a Coward that is bashful the utmost of it is to be kist which rather increaseth than quenâ—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 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