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A34709 Cottoni posthuma divers choice pieces of that renowned antiquary, Sir Robert Cotton, Knight and Baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by J.H., Esq.; Selections. 1672 Cotton, Robert, Sir, 1571-1631.; Howell, James, 1594?-1666. 1672 (1672) Wing C6486; ESTC R2628 147,712 358

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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
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
close and foul play entertaineth an overture made by the Duke de Longavil then prisoner in England for a Marriage of Mary his Sister with the French King which effected the two subtile Princes failed of their ends Lewis dead and Francis succeeding he made his first entrance a league with England the recovery of Millane which he did the protection of his neighbours and reduction of the Swisses from the Imperial side for which he imployed to them the bastard of Savoy Maximilian and Ferdinand seeing by this all their new purchases in danger and that they had now no disguised marriage again to entertain the credulity of Henry the eighth they work upon his youth and honour The Emperor will needs to him resign his Emperial Crown as wearied with the weight of Government and distraction of Europe which needed a more active man then his old age to defend the Liberty of Subjects and Majesty of Princes from the Tyranny of France That he had made the way already for him with the Electors that he would send the Cardinall Sedunensis with ample commission into England to conclude the resignation which was done That at Aquisgrave he will meet Henry the eighth and there give up his first Crown from thence accompany him to Rome where he should receive the last right of the Imperiall dignity putting Verona into his protection then assailed by the Venetians and giving him the investiture of Millane in feodo more Imperiali then in possession of the French to tye his aid the faster against these States Hereupon Henry the eighth concluded a defensive league with the Bishop of Mesa and Count Daciana authorised Commissioners from the Emperor Arragon Castile and sendeth his Secretary Master Pace with money for Maximilian had already borrowed and broken to entertain the Swissers into pay and confederacy against France Charles the Grandchild must feign a difficulty to sway his League untill the Emperor at Henry the eighths cost was fetched from Germany to the Netherlands to work his Nephew to it who in the interim had closely contracted a peace by the Grandfathers consent with France No sooner had Maximilian received ten thousand Florins of the English King to bear his charge but the Treaty of Noyon was closely between him Arragon and Castile concluded whereby the ten thousand Crowns for recognition of Naples was passd from France to the Emperor and Charles himself affianced to Loysia the French Kings daughter and also darkly carried that when Master Pace at Agno came down from the Emperor with his Signature of the confederacy the French Kings Ambassador went up the back Stairs with six thousand Florins and the transaction of the Pension of Naples to Maximilian and there received his confirmation of the Treaty at Novon notwithstanding the same day the Emperor looking upon his George and Garter wished to Wingfield Henry the eighths Ambassador that the thoughts of his heart were transparent to his Master So displeasing was this foul play to the Cardinall Sedunensis the Emperors chief Counsellor that he writ contra perfidiam Principum against the falshood of his own Lord a bitter Letter to the English King who finding again how his youth and facility was overwrought by these two old and subtill Princes his vast expences lost his hopes of France lesned and that of the Emperor vanished for Maximilian is now conferring the Title of Rex Romanorum to one of his Nephues concludeth by mediation of the Admiral of France a peace with that King a marriage for the Dolphin Francis with the Lady Mary and the re-delivery of Tournay for a large Summe of Money Not long after Maximilian dieth leaving the Imperial Crown in Competition of France and Castile Charles whose desire was as his Ancestors to weave that vvreath for ever into the Austrian Family began to fear the power of his corrivall vvith vvhom the Pope then sided and the English King stood assured by the late marriage of their two Children To draw off the Pope he knew it vvas impossible he vvas all French To vvork in Henry the eighth he found the inconstancy of his predecessors and the new match to lie in the vvay To clear the one he is fain in his Letters into England to load his two Grandfathers vvith all the former aspertions his years and duty then tying him more to obedience then truth but that he vvas a man and himself now that mutuall danger vvould give assurance vvhere otherwise single faith might be mistrusted France vvas in it self by addition of Britany more potent than ever this man had rejoyned to it some important pieces in Italy and should his greatness grow larger up by accession of the Imperiall Crown how easie vvere it to effect indeed what he had fashioned in Fancy the Monarchy of Europe As for the young Lady who was like to lose her husband if Henry the eighth incline to this Counsell and assist Castile in pursute of the Emperor he was contented for Loisia of France espoused to him by the Treaty at Noyon was now dead to make up the loss of the Lady Mary by his own Marriage with her a match fitter in years for the Dolphin was an infant as great in dignity for he was a King and might by the assistance of her father be greater in being Emperor Thus was Henry the eighth by fears and hopes turned about again and Pacy forthwith sent to the Electors with instructions money who so wrought that Charles was in July chosen Emperor and that it was by the sole work of Henry the eighth himself by Letters under his hand acknowledged From Aquisgrave he commeth Crowned the next year for England weddeth at Winsor the Lady Mary concludeth by league the invasion of France and to divide it with Henry the eighth by the River of Rodon making oath at the high Altar at Pauls for performance of both those Treaties Hereupon France is entred by the Eng●ish army and Burbon wrought from his Allegiance by a disguised promise of this Emperor of Elianor his Sister for wife to raise forces against his Master which he did but was paid by the English King The French King to carry the wars from his own doors maketh towards Milan whereby Burbon and his forces were drawn out of Province to guard the Imperialls in Italy At Pavie they met and the French King was taken prisoner and forthwith transported into Spain where at Madrid the Emperor forced his consent to that Treaty whereby he gained Burgundy and many portions in the Netherlands leaving Henry the eighth who had born the greatest charge of all that Warre not only there unsaved but calling a Parliament at Toledo taketh by assignment of his States Isabella of Portugall to wife procuring from Pope Clement a Bull to absolve him of his former oaths and Marriage working not long after by Ferdinandus his Chaplain the Earl of Desmond to Rebell in Ireland and James the fifth of