produce no Example of any Provincial Councel by call of the King For. Bodin lib. 1. cap. 6. towards the end writeth that the Kings of Spain Non sine magna mercede impetraverunt Sixti Pontificis Romani rescripto ne perigrinis sacerdotia tribuerentur Appeals from the King to Rome allowed So the Kings of Spain have meerly no power Ecclesiastical having dispoyled himself of all by inthralling their Kingdom to the Church of Rome Precedency of England in respect of Eminency of Royall Dignity THe Kings of England are anointed as the Kings of France who only have their preheminence before other Kingdoms declared by miracle in the cure of the Regius morbus which they can effect only and that of antiquity For Edward the Confessor healed many 2. They are superiour Lords of the Kingdome of Scotland and Man and Vicarii Imperii as Edward the third and Oswald intituled Rex Christianissimus ve Peda lib. 2. 3. They are named Filii adoptivi Ecclesiae as the Emperour Filius Primogenitus and the King of France Filius natu minor vide Platina 4. They are accompted among Reges super illustres in this order Imperator Rex Franciae Rex Angliae Franciae vide Corsettus 5. England in the General Councels at Constance and Pisa was made a Nation when as all Christianity was divided into four Nations Itallicam Gallicam Germanicam Anglicam Ex lib. sacrarum Ceremoniarum Ecclesiae Romanae 6. Whereupon seat accordingly was allowed at the three General Councels viz. Constance Pisa Sienna to the English Ambassadors next to the Emperour on the left hand and to the King of France on the right hand which were their Ancient seats before the Spaniards at Basill 1431. begun to contend for Precedency Where it was in the first Session ordered that all Legats should hold such their places as they had enjoyed heretofore according to their worth and antiquity Yet in the Councel of Trent the precedency of France with Spain was made questionable Augustus de Cavalles as the strongest reason to bar the French Interest inferred the Queen of England from her Ancestors both in respect of Inheritance Conquest and Gift de jure Queen of France By which reason when he doth shake or overthrow as he thinketh the Precedency of France he doth consequently strengthen the Precedency of England And in Treaty between Henry the seventh and Philip of Castile 1506 the Commissioners of England did subsign betore the other And in the Treaty of Marriage with Queen Mary Anno 1553 those of England are first rehearsed And at Burbrough Anno 1588. they gave it to her Majesties Ambassadors And yet in respect of the Eminency of this Royal throne to the See of Canterbury was granted by Vrbane at the Councel of Claremount Anno 1096. for ever the seat in General Councel at the Popes right foot who at that time uttered these words Includamus hunc in orbe nostro tanquam alterius orbis Pontificem Maximum Subsequence of Spain 1. The Kings of Castile are never anointed neither hath the Spanish Throne that vertue to endow the King therein invested with the power to heal the Kings evil For into France do yearly come multitudes of Spaniards to be healed thereof 2. No Kingdom held in fee of him 3. Spain then not remembred one of the Sons of the Church 4. The King of Spain placed last after the King of England inter super illustres by the said Corsettus 5. The Kingdome was then comprised under Itallica natio and no Nation of it self as in old it was called Iberia minor as a member of Italy Iberia major England being Britannia major At which time the Spaniard contented himself with the place next to the King of France Precedency of England before Spain in respect of the Nobility of Blood HEr Majesty in Lineal discent is deduced from Christian Princes for 800 years by Ethelbert a Christian 596. and the Matches of her progenitors most Royal with France Germany Spain Subsequence of Spain For their Antiquity of discent as Kings of Spain is chiefly from the Earls of Castilia about 500 years since For they cannot warrant their discent from Atalaricus the Goth and as Dukes of Austria from the Earls of Hapsburgh only about 390 years since Their matches anciently for the most part with their subjects and of late in their own blood Precedency of England in respect of antiquity of Government HEr Majesty having raigned now most happily 42 years This we would not have alledged but that the Spanish Ambassador at Basil objected in this respect the minority of Henry the sixth Her sex herein nothing prejudicial when as both divine and humane Laws do allow it and accordingly Spain England and Hungary insomuch that Mary Queen of the last was always stiled Rex Mario Hungariae Vide Tilius Subsequence of Spain The King of Spain yet in the Infancy of his Kingdome For the Precedency may be alledged viz. The Antiquity of the Kingdom when as Castile Arragon Navar and Portuguall had their first Kings about 1025. The ancient receiving of the Christian Faith by Joseph of Aramathea Simon Zelotes Aristobulus yea by St. Peter and St. Paul as Theodoretus and Sophrinius do testifie The Kingdome is held of God alone acknowledging no superiour and in no vassalage to the Emperour or Pope as Naples Sicilia Arragont Sardinia and Corsica c. Sir Thomas Moore denyeth that King John either did or could make England subject to the Pope and that the Tribute was not paid pag. 296. but the Preter-pence were paid to the Pope by K. John by way of Alms. The absolute power of the King of England which in other Kingdomes is much restrained England is accompted the fourth part of Christendome For in the Councel of Constance all Christianity was divided in nationem viz. Italicam Germanicam Gallicanam Anglicanam and accordingly gave voices England in the opinions of the Popes is preferred because in it is conteined in the Ecclesiastical division two large Provinces which had their several Legatinati when as France had scantly one The Emperour is accompted major filius Papae the King of France filius minor the King of England filius adoptivus The Archbishops of Canterbury are accompted by the people tanquam alterius orbis Papae and anointed to have place in General Councels at the Popes right foot The title of Defensor fidei as honourably and as justly bestowed upon the Kings of England as Christianissimus upon the French or Catholicus upon the Spaniard Edward the third King of England was created by the Emperour Vicarius Perpetuus Imperii cum jure vitae necisque in omnes Imperii snbditos and the Kings of England Papae Vicarii by Pope Nicholas the second vide COPGRAVE Innocentius the fourth the Pope said vere hortus deliciarum est Anglia vere pateus inexhaustus ubi
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
to the States assembled Anno 33. to advise for well ordering of his House payment of the Soldiers at Callis guard of the Sea raising of the siege of Barwicke made by the Scots against the Truce dispoiling of the number of 13000 Soldiers arrayed the last Parliament according of differences amongst the Lords restraining transportation of Gold and Silver and acquitting the disorders in Wales of all which Committees are appointed to frame Bills Edward the fourth by the Chancellor declareth in his seventh year to the Lords and Commons that having made peace with Scotland entred League with Spaine and Denmark contracted with Burgundy and Britany for their ayd in the recovery of his right in France he had now called them to give their Counsels in proceeding which Charge in a second Sessions was again proposed unto them The like was to another Parliament in his twelfth year After this time their Journalls of Parliament have not been well preserved or not carefully entred for I can find of this nature no Record untill the first of Hen. 7. wherein the Commons by Thomas Lovell their Speaker Petition the King to take to Wife Elizabeth Daughter to Edw. 4. to which the King at their request agreeth The next is the third of Hen. the 8. in which from the King the Chancellor declareth to the three Estates the cause of that Assembly The first to devise a course to resist the Invasion of the Scots next how to acquit the quarrel between the King of Castile and the Duke of Geldres his Allie lastly for assisting the Pope against Lewis King of France whose Bull expressing the injuries done the Sea Apostolick was read by the Master of the Rolls in open Parliament The Chancellor the Treasurer and other Lords sent down to the Commons to confer with them The last in the 32d of the same year where the Chancellor remembring the many troubles the State had undergone in doubtful titles of Succession declareth that although the Convocation had judged void the marriage of Anne of Cleve yet the King would not proceed without the Counsel of the three Estates The two Archbishops are sent to the Commons with the Sentence sealed which read and there discussed they pass a Bill against the Marriage In all these passages of publick Counsells wherein I have been much assisted by the painful labour of Mr. Elsings Clerk of the Parliament and still observe that the Soveraign Lord either in best advice or in most necessities would entertain the Commons with the weightiest causes either forrain or domestique to apt and bind them so to readiness of charge and they as warily avoyding it to eschew expence their modest answers may be a rule for ignorant liberty to form their duties and humbly to entertain such weighty Counsells at their Soveraigns pleasure and not to the wild fancy of any Factious spirit I will add one forrain example to shew what use have been formerly made by pretending Marriages and of Parliaments to dissolve them their first end served Maximilian the Emperour and Ferdinand of Spain the one to secure his possessions in Italy the other to gain the Kingdom of Navarre to both which the French King stood in the way projected a Marriage of Charls their Grand-child with Mary the King of Englands sister it was embraced and a Book published of the benefits likely to ensue the Christian world by this match upon this Ground Ferdinando beginneth to incite Henry the 8th to war with France presents him with succours and designs him Guien to be the mark and Dorset sent with men and munition to joyn with the Spanish forces then on the Borders of Navarre the noise is they came to assist Ferdinand in the conquest of that Kingdom which though false gained such reputation that Albred was disheartned and Ferdinand possesed himself of that his Successors since retained his end served the English Army weak and weather-beaten are returned fruitless Maximilian then allureth the young and active King to begin with France on the other side Turwin and Turney is now the object whither Henry goeth with victory but better advised with that pittance makes an end by peace with France whose aim and heart was set on Millain A new bait the old Emperour findeth out to catch the Ambitious young man he would needs resign unto him the Empire too heavy for his age to bear The Cardinal Sedunensis is sent over to sign the Agreement which he did and France must now again be made an Enemy To prevent this danger Francis released his Title to Naples and offereth Laogitia his Daughter to Maximilians Granchild Charls at Noyon this is acted in the dark and at Arno the French Commissioners came up the back stairs with 60000 Florins and they engrossed Covenants when the abused King of Englands Ambassador Pace went down the other the good Cardinal returneth home meeteth by the way this foul play of his Master and writ to the King of England not in excuse but in complaint Contra perfidiam Principum an honest Letter Ferdinand and Maximilian dead Francis and Charls are Competitors for the Empire Henry the 8th is courted for his help by both the one with the tye of Alliance for the Infant Dolphin had affyed Henry the 8ths Daughter the other with the like and Daughter he will make his Daughter a Queen in praesente which the Dolphin cannot do and by his favour an Empress To further France was but to win Ambition to prey upon all his Neighbours the English King is won and winneth for Spain the Imperial wreath which Charls in two Letters I have of his own hand then thankfully confessed From Aquisgrave he cometh Crowned in haste to England wedded at Windsor the Kings Daughter contracteth to joyn in an invasion of France to divide it with his Father in Law by the River of Rodon and sweareth at the Altar in Pauls to keep faith in all Bourbon is wrought from France and entreth the Province with an Army paid with King Henries money Suffolke passeth with the English Forces by Picardy But Charles the Emperour who should have entred Guyen-faileth drawing away Burbon from a streight siege Marseilles to interrupt Francis then entred Italy and so the enterprize of France is defeated the French King as it Pavie taken Prisoner by Pescaro led to Grone hurried into Spain by the Emperours Galleys and forced at Madrid to a hard bargain without privity of Henry the 8th or provision of him who had been at the greater charge of that War Now the Emperour affecteth that Monarchy that hath ever since as some say infected the Austrian Family Rome the fatal old Seat of Government must be the Seat of his Empire Burbon and after Moncado are directed to surprize it Angelo the observant Fryer is sent before the Pope consigned by the Emperours Election who meant as his own
but his Officers and some few excepted to carry any Sword or long Bastard under pain of forfeiture and Imprisonment The same King in the 19th of his raign and upon the Marriage with the French Kings daughter commanded by Proclamation Ne quis Miles Armiger seu alius Ligeus aut Subditus suus cujuscunque status aliquem Francigenam seu quemcunque alium qui de potestate obedientia regis existerit Vpon what pretence soever ad aliqua facta Guerâ—â—rum seu actus armorum exigat sub forisfactura ominum quae Regi forisfacere poterit And as in the Kings power it hath ever rested no forbid Combates so it hath been to determine and take them up Thus did R. 2. in that so memorable quarrel between Mowbray and Hereford by exiling them both And when Sir John de Anestie and Tho. de Chatterton were ready to fight candem quaerelam Rex in manum suam recepit saith the Record And De mandato Regis direptum est praelium inter Johannem Bolmer Bartramum de Vesana in the time of Henry the fourth Sir John Fitz-Thomas being produced before the Earl of Glocester Deputy of Ireland and there Challenged by Sir William deVessy to have done him wrong in reporting to the King that Sir William aforesaid should have spoken against the King defamatory words of which Sir John there presented a Schedule Willielmus audito tenore Schedulae praedictae dementitus est praedictum Johannem dicendo mentitus est tanquam falsus proditor denegavit omnia sibi imposita tradidit vadium in manum Justiciarij qui illud ad misit Et Praedictus Johannes advocavit omnia dementitus est simil dictum Willielm Whereupon the Combat was granted and the time and place inrolled but the Process was adjourned into England before the King who with his Counsell examining the whole proceeding and that Quia Willielmus attachiatus fuit ad respondend Johanni praedicto super diffamatione principaliter non sit citatus in Regno isto placitare in Curia Regis placita de diffamationibus aut inter partes aliquas Duellum concedere in placitis de quibus cognitio ad curiam Regis non pertinet And for that the Judge vadia praedictorum Johannis Willielmi cepit priusquam Duellum inter eos consideratum adjudicatum fuit quod omnino contra legem est consuetudinem Regni Therefore per ipsum Regem Concilium concordatum est quod processus totaliter adnulletur And that the said John and Willlam eant inde sine die salva utrique eorum actione sua si alias de aliquo in proedicto processu contento loqui voluerint In a Combat granted in a Writ of right Philip de Pugill one of the Champions oppressus multitudine hominum se defendere non potuit Whereupon the People against him in perpetuam defamationem suam in eodem Duello Creantiam proclamabant which the King understanding Assensu Concilii statuit quod praedict Philippus propter Creantiam praedict liberam legem non omittat sed omnibus liberis actibus gauderet sicut ante Duellum gaudere consuevit What penalty they have incurred that without law or license have attempted the practise of Arms or their own Revenge may somewhat appear by these few Records following William Earl of Albemarle was Excommunicated Pro Torniamento tento contra praeceptum Regis To which agreeth at this day for the Duell the Councel of Trent and that held at Biturio in Anno 1584. John Warren Earl of Surrey was fined at a thousand marks pro quadam transgressione in insultu facto in Alanum de la Zouch Talbois was committed to the Tower for attempting to have slain the Lord Cromwell And because Robertus Garvois insultum fecit percussit Edwardum filium Williel mi inquisitio facta est de omnibus tenementis catallis praedicti Roberti Edw. Dallingrige accused by Sir John St. Leger before the Kings Justices Prâ— venatione aliis transgressionibus answered that these accusations were false and threw down his Glove and challenged disrationare materias praedictas versuâ— praedictum Johannem per Duellum Sed quis contra legem terrae vadiavit inde Duellum he was committed to Prison quousque satisfaceret Domino Regi pro contemptu Sir Nicholas de Segrave a Baron Challenged Sir John de Cromwell and contrary to the Kings prohibition because he could not fight with him in England dared him to come and defend himself in France therein as the Record saith subjecting as much as in him lay the Realm of England to the Realm of France being stayed in his passage at Dover was committed to the Castle brought after to the Kings Bench and there arraigned before the Lords confesled his fault submitted himself to the King de alto basso Wherefore judgement is given in these words Et super hoc Dominus Rex volens habere avisamentum Comitum Baronum Magnatum aliorum de consilio suo injunxit eisdem in homagio fidelitate ligeantia quibus ei tenentur quod ipsi considerent quails poena pro tali facto fuerit infligenda Qui omnes habito super hoc consilio dicunt quod hujusmodi factum moeretur poenam amisionis vitae Whereupon he was committed to the Tower Ro. Archerd that attended him into France was committed to prison arraigned fined at 200 marks In the end aftermuch intercession the L. Segrave was pardoned by the King but could not obtain his liberty until he had put in security for his good behaviour But this course holdeth proportion with an ancient law made by Lotharius the Emperor in these words De hiis qui discordiis contentionibus studere solent in pace vivere noluerint inde convicti fuerint similiter volumus ut per fidejussores ad nostrum Palatium veniant ibi cum nostris fidelibus considerâ—bimus quid de talibus hominibus faciendum sit A BREIF ABSTRACT Of the Question of PRECEDENCIE BETWEEN ENGLAND AND SPAINE Occasioned by Sir Henry Nevill The Queen of Englands Ambassador and the Ambassador of Spain at Calais Commissioners appointed by the French King who had moved a Treaty of Peace in the 42. year of the same QUEEN Collected by Robert Cotton Esquire at the commandment of her Majesty Anno Domini 1651. LONDON Printed in the Year 1672. A BRIEF ABSTRACT ACT Of the Question of Precedency between England and Spain c. Precedency of the King in respect of place Antiquity as a Kingdom or a Christian Kingdom or Eminency of the Throne Royal or person Nobility of bloud or Antiquity of Government Precedencie of England in respect of the Antiquity of the Kingdome TO seek before the decay of the Roman Empire the antiquity of any Kingdome is meer vanity when as the Kingdomes of Christendome now in being had their rising from the fall thereof at which
instant Vortigern a Native of this Isle first established here a free Kingdom four hundred and fifty years after Christ and so left it to the Saxons from whom her Majesty is in discent Lineal and it is plain that as we were later then Spain reduced under the Roman yoak so we were sooner infreed Subsequence of Spain Spain since the dissolution of the Roman Empire entituled no King till of late for Attalaricus from whom they would upon slender warrant ground their dissent was never stiled Rex Hispaniae but Gothorum and the Kingdom of Castile wherein the main and fairest antiquity of Spain rested begun not before the year of Christ 1017. whereas they were but Earls of Castile before so that the Kingdome of the English began which was alwayes as Beda observeth a Monarch in a Heptarchie 460. years at the least before the Kingdom of Castile or Spain Precedency of England in respect of Antiquity of Christian Religion JOSEPH of Aramathea planted Christian Religion immediately after the passion of Christ in this Realm And Aristobulus one of them mentioned by Saint Paul Romans 6. was Episc Brittanorum and likewise Simon Zelotes The first Christian King in Europe was Lucius Surius The first that ever advanced the papacy of Rome was the Emperour Constantinus born at Yorke Of whom in the Roman Laws near his time is written Qui veneranda Christianorum fide Romanum munivit imperium And to him peculiarly more than to other Emperours are these Epithitons attributed Divus Divae memoriae divinae memoriae orbis Liberator quietis fundator Reipublic instaurator publicae libertatis auctor Magnus Maximus Invictus Restitutor urbis Romae atque orbis And there have been more Kings and Princes of the bloud Royall Confessors and Martyrs in England than in any one Province in Europe And from Ethelbert King of Kent Converted Anno 596 untill this day Christianity hath been without interruption continued Subsequence of Spain In the time of Claudius Saint James preached in Spain but gained only nine Souls So did he in Ireland as Vincentius saith and they cannot count Christian religion to be then planted in Spain which shortly after was first tainted with the heresie of Priscilian then with Gothish Arianism and after defaced with Moorish Mahumetism from 707 years after Christ in continuance 770 years untill Ferdinando King of Arragon and Castilia utterly expelled the Moors Precedency of England in respect of the more absolute Authority Politicall THe Queen of Englands power absolute in acknowledging no superior nor in vassallage to Pope or Emperour For that subjection which by King John was made to Innoâ—entius the third after in Parliament Per praeceptum Domini Papae septimo Julii Cum fidelitate homagio relaxatur omnino Sir Thomas Moore in his debellation saith the Church of Rome can shew no such deed of subjection neither that the King could grant it of himself And Engubinus in his defence of Constantines dodation nameth not England where he recited all the foedary Kingdomes of the Papacy the Peter-pence were not duties but Eleemosina Regis neither the Rome-Scot but Regis larga benignitas Parem non habet Rex Angliae in Regno suo multo fortius nec superiorem habere debet saith Bracton Ipse non debet ess e sub homie sed sub Deo habet tantum superiorem Judicem Deum Likewise in appointing Magistrates pardoning Life Appeal granting privileges taking homage and his Jura Majestatis not limited in censu nummorum Bello judicando Pace ineunda Eleutherius the Pope 1400 years ago in his Epistle to Lucius King of Brittain stiled him Vicarius Dei in Regno suo so is the King of England in Edgars Lawes and Baldus the Lawyer saith Rex Angliae est Monarcha in regno suo and Malmesbury Post conversionem ad fidem tot tantas obtinuit Libertates quot imperator imperia Subsequence of Spain The King of Spain hath no Kingdom but is foedory either to France or Castila enthralled by oath of subjection and vassallage from King Henry to Charles the fifth of France 1369. Ex foedere contracto And for the Netherlands there is homage due to the French King or the Papacy as Arragon to Innocentius the third by King Peter 1204. confirmed by Ferdinand and Alphonsus 1445. and from James by the like oath 1453. And to Sardinia and Corsica the King of Arragon from the Bishops of Rome were under oath of subjection invested Ex formula fiduciae The Kingdom of Portugall in vassallage to the Pope under an Annuall Tribute And the Canaries Hesperides and Gorgon Islands subjected to the See of Rome under the chief Rent of four hundred Florins by Lewis King of Spain 1043. Of both the Indies Alexander did reserve the regalities of Sicilia the Church is chief Lord. And Granado and Navarre were made foedary to the Pope under Julius the second Naples at every change sendeth a Palfrey as a Heriot due to the Church of Rome and of the Empire he holdeth the Dukedom of Millaine So that it is questionable among Civilians whether he be Princeps which holdeth in feodo all of others His absolute authority restrained in Arragon by Justitia Arragonica In Biscay and other places by particular reservations And his Jura Majestatis in Censu Nummorum Bello judicando Pace ineunda c. Limited by the priviledges of the State as at Brabant and elsewhere in his Spanish Territories Ex propriis constitutionibus privilegiis Precedency of England in respect of more absolute authority Ecclesiastical HEr Majesties power more absolute in this confirmed by ancient Custome and privilege than any other Christian Prince For no Legat de Latere in England de jure allowed but the Archbishop of Canterbury If any admitted by courtesie he hath no Authority to hold plea in the Realm contrary to the the Laws thereof Placita 2 Hen. 4. and before he was admitted and entered the Realm he was to take oath to do nothing derogatory to the King and his Crown Placita Anno primâ— Henri 7. No man might denounce the Popes excommunication nor obey his authority on pain to forfeit all his goods without assent of the King or his Counsel Placita 23 and 34 Edw. Rot. Dunelm Henry the First called a Provincial Councel so did Canutus and others No appeal to Rome without the Kings licence Anno 32 34 Edw. 1. Inventure of Bishops and Churchmen in the Kings hand Ex Matt. Paris Hen. Huntington De gestis Pontific Donelm Placita 32 Edw. 1. and in the 32 Edw. 3. Where the reason of the Kings Ecclesiastical authority to suspend or bestow Church livings is yielded Quia reges Angliae unguntur in Capite Subsequence of Spain The King of Spain can prescribe no custome to prohibit the Popes Legat nor useth any Authority Penall over the Clergy Spain can
expedient to suppres Popish Practises against the due Allegiance to his Majesty by the strict Execution touching Jesuitâ— and Seminary Priests Or to restrain them to close Prisons during life if no Reformation follow In favour of the first Division I. There are not few who grounding themselves on an Antient Proverb A dead man bites not affirm that such are dangerous to be preserved alive who being guilty condemned and full of fear are likely for purchase of Life and Liberty to inlarge their uttermost in desperate adventures against their King and Countrey II. No less is it to be feared that while the sword of Justice is remiss in cutting off heinous offendors against the Dignity of the Crown the mis-led Papall multitude in the interim may enter into a jealous suspence Whether that forbearance proceed from fear of exasperating their desperate humours or that it is now become questionable Whether the execution of their Priests be simply for matter of State or pretended quarrel for Religon III. And whereas in a remediless inconvenience it is lawful to use the extremity of Laws against some few that many by the terrour of the example may be reformed what hope can there be that Clemency may tame their hearts who interpret His Majesties grace in transporting their Priests out of His Realm to be a meer shift to rid the Prisons of those whom Conscience could not condemn of any capital crime IV. Neither are their vaunting whisperings to be neglected by which they seek to confirm the fearful souls of their party and to inveigle the ignorant doubtful or discontented persons for if the glorious extolling of their powerful friends and the expectance of a golden day be suffered to win credit with the meaner fort the relapse cannot be small or the means easie to reform the error without a general combustion of the State V. Let experience speak somewhat in this behalf which hath evidently descryed within the Current of few years that the forbearance of severity hath multiplied their Roll in such manner that it remains as a Corrosive to thousands of his Majesties well-affected Subjects VI. To what purpose serves it to muster the names of the Protestants or to vaunt them to be ten for one of the Roman Faction as if bare figures of numeration could prevail against an united party resolved and advised before hand how to turn their faces with assurance unto all dangers while in the mean time the Protestants neastling in vain security suffer the weed to grow up that threatneth their hane and merciless ruine VII Sometime the Oath of Supremacy choaked their presumptuous imaginations and yet could not that infernal smoke be smothered nor the Locusts issuing thereout be wholly cleansed from the face of this Land Now that the temporal power of the King conteined in the Oath of Allegiance is by the Papall See and many of the Adorers thereof impudently avowed to be unlawful shall the broachers of such Doctrine be suffered to live yea and to live and be relieved of us for whose destruction they groan daily VIII To be a right Popish-Priest in true English sense is to bear the Character of a disloyal Renegado of his natural obedience to his Soveraign whom if by connivency he shall let slip or chastise with a light hand what immunity may not traiterous Delinquents in lesser degrees expect or challenge after a sort in equity and justice IX If there were no Receivers there would be no Theeves Likewise if there were no harbourers of the Jesuits it is to be presumed that they would not trouble this Isle with their presence therefore rigor must be extended against the Receiver that the Jesuits may be kept out of dores were it then indifferent justice to hang up the Accessary and let the Principal go free namely to suffer the Priest to draw his breath at length whiles the Entertainer of him under his Roof submits his body to the Executioners hands without doubt if it be fit to forbear the chief it will be necessary to receive the second offender in to protection wherewith a mischief must ensue of continual expence and scandalous restraint of so great a number X. Reputation is one of the principal Arteries of the Common-wealth which Maxime is so well known to the Secretaries of the Papacy that by private Forgeries and publique impressions of Calumniations they endeavour to wound us in that vital part howsoever therefore some few of that stamp being better tempered then their fellows in defence of this present Government have not spared to affirm that Tyranny is unjustly ascribed thereunto for so much as freedome of Conscience after a sort may be redeemed for money notwithstanding there want not many Pamphleters of their side who approbriously cast in our teeths the converting of the penalty inflicted on Recusants and refusers of the Oath of Allegiance from the Kings Exchequor to a particular Purse sure we cannot presume that those Libellers may be diswaded from spitting out their venome maliciously against us when they shall see their Priests mewed up without further process of Law for either they will attribute this calm dealing to the justice of their cause the strength of their party or patience or that tract of time hath discovered out Laws importing over much sharpness in good pollicy to be thought fitter for abrogation by Non-usance than repealed by a publique decree XI Moreover it is fore-thought by some tht if these Seminaries be only restrained they may prove hereafter like a Snake kept in the bosome such as Bonner Gardiner and others of the same Livery shewed themselves to be after Liberty obtained in Queen Maries time and if the loss of those Ghostly fathers aggrieve them it is probable that they will take arms sooner and with more courage to free the living then to set up a Trophy to the dead XII Howsoever the Jesuits band is known in their native soyl to be defective in many respects which makes them underlings to the Protestants as in Authority Arms and the protection of the Laws which is all in all Nevertheless they insinuate themselves to forraign Princes favouring their party with promises of strong assistance at home if they may be well backed from abroad To which purpose they have divided the inhabitants of this realm into four sects whereof ranking their troupes in the first place as due to the pretended Catholiques they assumed a full fourth part to their property and of that part again they made a subdivision into two portions namely of those that openly renounced the estabilished Church of England and others whose certain number could not be assigned because they frequented our srevice our sacraments reserving their hearts to the Lord God the Pope The second party they alot to the Protestants who retain yet as they say some reliques of their Church The third rank and largest was left unto the Puritans
multa abundant c. King Hen. 2. elected King of Jerusalem by the Christians Richard the first conquered the Kingdome of Cyprus and gave it unto Guy Lusigrian whose posterity raigned there until of late years Kings of England are superiour Lords of the Kingdom of Scotland and are absolute Kings of all the Kingdom of Ireland England is not subject to Imperial and Roman Laws as other Kingdoms are but retaineth her ancient Laws and Pura municipialia King Henry the sixth was Crowned King of France at Paris The Kings of England did use the stile of a Soveraign viz. Alti conantis Dei Largiflua Clementiae qui est Rex Regum Dominus Dominorum Ego Edgarus anglorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Omniumque Regum Insularumque Oceani Britanici Circumjacentium cunctarumque Nationum quae infra cam includuntur Imperator ac Dominus A REMONSTRANCE OF THE TREATIES OF AMITY AND MARRIAGE Before time and of late of the House of AVSTRIA and SPAIN with the Kings of England to advance themselves to the Monarchy of Europe Written by Sir Robert Cotton Knight and Baronet LONDON Printed in the Year 1672. A REMONSTRANCE OF THE TREATIES OF AMITY AND MARRIAGE Before time and of late of the House of AVSTRIA and SPAIN c. Most Excellent Majesty WE your Lords Spiritual and Temporal and the Commons of your Realm Assembled in this your Parliament having received out of your meer grace your Royal command to declare unto your Highness our advice and Counsel for the further continuing or final breaking of the two Treaties between your Majesty the Emperor and the Spanish King touching the rendition of the Palatinate to the due and former obedience of your Illustrious Son the Prince Palatine and that of Marriage between the Lady Mary Infant of Spain and the most excellent Prince your Son now Prince of Wales We conceive it not unfit to offer up to your admired wisdom and consideration these important Motives that induced our subsequent advice and resolution By contemplation whereof we assume to our selves that your Majesty apparently seeing the infinite Calamity fallen of late unto the Christian world by means of these disguised Treaties of Amity and Marriage before time frequently used with your progenitors and now lately with your self by the House of Austria and Spain to advance themselves to the Monarchy of Europe will graciously be pleased to accept our humble advice Maximilian the Emperor and Ferdinand of Spain uniting by marriage the possessions of the House of Austria the Netherlands Arragon Castile Sciciliae and their new discoveries to one succeeding heir began though a far off to see a way whereby their Grandchild Charls might become the Master of the Western world and therefore each endeavoured by addition of Territories to facilitate that their desired end France was the only obstacle whose ambition and power then was no less than theirs he lay in their way for Gelders by siding with Duke Charls for Navarre by protecting Albert their King for their peeces in Italy by confederation with the State of Venice and for Naples and Millain by pretence of his own They were too weak to work out their way by force and therefore used that other of craft Lewis is offered for his daughter Claude the Marriage of Charls their Grandchild it is at Bloys accepted and to them confirmed by oath the claim of France to Naples by this released one hundred thousand Crowns yearly by way of recognition only to France reserved who is besides to have the investure of Millain for a sum of money which the Cardinal D'amboyes according to his Masters Covenant saw discharged Ferdinand thus possessed of what he then desired and Maximilian not meaning to strengthen France by addition of that Dutchy or repayment of the money broke off that Treaty to which they were mutually sworn affiancing Charls their Heir to Mary the Daughter of Henry the 7th to whose son Arthur Ferdinand had married Katharine his youngest daughter This double knot with England made them more bold as you see they did to double with France but he Prince of Wales his untimely death and his fathers that shortly followed enforced them to seek out as they did another tye the Spirit and power of Lewis and their provocations justly moving it they make up a second Marriage for Katharine with Henry the eighth Son of Henry the seventh and are enforced to make a Bull dated a day after the Popes death to dispence with it and consummate per verba de praesenti by Commissioners at Callis the former Nuptuals of Charles and Mary publishing a Book in print of the benefit that should accrew to the Christian world by that Alliance Henry the eighth left by his father young and rich is put on by Ferdinand to begin his right to France by the way of Guyen and to send his forces into Spain as he did under the Marquess Dorset to joyn with his Father in Law for that design by reputation whereof Albert of Navarre was enforced to quit that State to Spain who intended as it proved no further use of the English Army than to keep off the French King from assisting Albert until he had possessed himself of that part of Navarre which his successors ever since retain For that work ended the English Forces were returned home in Winter nothing having advanced their Masters service The next year to assure Henry the eighth grown diffident by the last carriage of Maximilian and Ferdinand whose only meaning was to lie busying of the French King at home to make an easie way abroad to their former ends project to the English King an enterprise for France to which they assured their assistance by mutuall confederacy at Mecklin for which Bernard de Mesa and Lewis de Carror for Castile and Arragon and the Emperor in person gave oath who undertook as he did to accompany Henry the eighth to Turwyn Ferdinand in the mean time dispatching the Vice-roy of Naples into Italy to busie the French King and Venetian that the English King with facility might pursue the conquest of France Henry the eighth had no sooner distressed the French King but Ferdinand respecting more his profit than his faith closed with Lewis who renounced the protection of Navarre and Gelders so bee and Maximilian would forsake the tye they had made with Henry the eighth The Vice-Roy of Naples is instantly recalled from Bressa a true with Spain and France concluded Quintean sent to the Emperor to joyn in it Don John de Manuel and Diego de Castro imployed to work the Emperor and Charles the Grandchild to exchange the marriage of Mary Henry the eighths Sister with Reve the second daughter of the French King and Lewis himself to take Elanor their Neece to wife and to clear all dispute about the conditions a blanck is sent from Spain to the French King to over-write what he please Henry the eighth perceiving this