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
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 Engâ—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
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
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
Scotland by promise of Marriage with his Neece the daughter of Denmarke to whom he likewise sent Munition and money to busie Henry the eighth at home that he might be the less able to requite these indignities he had so done him And to shew that his ambition was more than his piety he Ordered by instructions first the Duke of Burbon and after Hugo de Monsado to surprise Rome and the Pope sending Angelo an observant Frier thither whom he had assigned to the Papall Throne intending to reduce the choise of the See from the Cardinals again to the Empire and there to set up a first Monarchy But his design by a needfull confederacy as now of the Pope French King Princes of Italy and others vvith Henry the eighth vvho vvas made Caput faedoris vvas to the safety of all Christian Princes prevented happily and he himself reforced at Cambray in the year one thousand five hundred twenty and nine to re-deliver the French King and many pieces of that Crown he had vvrested avvay by the Treaty of Madrid and to sit dovvn vvith moderate and fair conditions against his vvill His vvaking Ambition vvould not long let him rest but again he plotteth to break the knot betvveen the French and English Kings To vvork this he assureth by contract his assistance in furtherance of Henry the eighths Title to France and to make the greater belief offereth a marriage to the Lady Mary so she might be declared again Legitimate Henry the eighth accordeth vvith him and advanceth his Army into France vvhere he had no sooner recovered Bulleyn but the Emperor catching advantage on the French Kings necessities falleth off from his former faith and promise making up a peace perpetuall vvith France vvhereby all claim from the Crovvn of Arragon Naples Flanders Arras Gelders and other parts vvas released and mutuall confederation for restitution of the Catholick Religion concluded betvvixt them both Edward the sixth succeeding his Father forbears all Treaties vvith Spain but those of intercourse persisting as formerly in union vvith the Princes of Germany and his other Allies preventing those expences and dangers vvhich his Fathers belief and confidence of Spain had tasted of before His Sister and Successor Mary entertaining that fatall Amity vvith the Emperour and his sonne by Marriage embarqued her Estate in a dangerous vvarre vvhereby the Realm vvas much impoverished and Callice lost Her Sister of happy memory succeeding made up that breach by that three-fold Treaty at Cambray 1558. Where King Philip as bound in honour stood bound for aid in Recovery of Calice But his ovvn ends by that Convocation served he left her after to vvork out her safety her self alone yet fearing that a Union of France and your Realms in the person of your most vertuous Mother then married into France he under a seigned pretence of Marriage vvrought by Caraffa and his Faction of other Cardinalls a stay of the Popes Declaration against the Queen of England more his own fears than his love procuring it Yet the Princely disposition of this Noble Lady taking those pretences for reall favours was not wanting both with her Counsell and Purse for she imployed many of her ablest Ministers to mediate and disbursed upon the assurance of Brabant and the good Towns of Flanders whose bonds are yet extant for reduction of those Provinces to his obedience one hundred and fifty thousand pounds But when she found his aim to be the violating of their ancient liberties and in it saw her own danger involved her Counsell advised her not to leave the assistance of those People France and those other Princes that lay as her self in danger to be swallowed up in his ambitious ends who when he intended the Conquest of her Estate to blind her with security presented by Carlo Lanfranco and the Prince of Parma a Proposition of Peace graced with as many Arguments of honest meaning as his Progenitors had used to her Father which she accepted but not without a prudent suspition For when the Treaty was in height the brought his invincible Navy to invade the Realm the success whereof was answerable to his Faith and Honor She left not that injury without Revenge but forced him in his after Raign to that extremity that he was driven to break all faith with those Princes that trusted him and paid for one years Interest about twenty five thousand Millions of Crowns So lovv and desperate in Fortunes your Highness found him when to all our comforts you took this Crown Then from the abundant goodness of your peaceable Nature you were pleased to begin your happy Raign with general quiet and with Spain the first which should have wrought in noble Natures a more gratefull Recompence than after followed For long it was not before Tyrone was heartned to rebell against your Highness and flying had pension at Rome paid him from the Spanish Agent His son Odonell Tirconell and others your chiefest Rebells retained ever since in Grace and Pay with the Arch-dutchess at Spains devotion As soon as your eldest Son of holy memory now with God was fit for marriage they began these old disguises by which before they had thriven so well c. Twenty Four ARGUMENTS Whether it be more expedient to suppress POPISH PRACTISES Against the due ALLEGEANCE OF HIS MAJESTY By the Strict Executions touching Jesuits and Seminary Priests OR To restrain them to Close Prisons during life if no Reformation follow Written by Sir Robert Cotton Knight and Baronet LONDON Printed in the Year 1672. Twenty four ARGUMENTS Whether it be more expedient to suppress POPISH PRACTISES Against the due ALLEGEANCE To His MAJESTY By the Strict Execution touching Jesuits and Seminary Priests c. I Am not ignorant that this latter age hath brought forth a swarm of busie heads which measure the great Mysteries of State by the rule of their self-conceited wisdomes but if they would consider that the Commonwealth governed by grave Counsellors is like unto a Ship directed by a skilfull Pilot vvhom the necessities of occasions and grounds of reason vvhy he steereth to this or that point of the Compass are better knovvn then to those that stand a loof off they vvould perhaps be more sparing if not more vvary in their resolutions For my ovvn particular I must confess that I am naturally too much inclined to his opinion vvho once said Qui bene latuit bene vixit and freshly calling to mind the saying of Functius to his Friend at the hour of his untimely death Disce meo exemplo mandato munere fungi Et fuge seu pestem I could easily forbeare to make my hand-vvriting the Record of my opinion vvhich nevertheless I protest to maintain rather deliberatively than by the vvay of a conclusive assertion therefore vvithout vvasting precious time any longer vvith needless Prologues I vvill briefly set dovvn the question in the terms follovving viz. Whâ—ther it be more
by surprizing Rome But from this he was thrust by the force and respect of Religion Henry the 8. being made Caput foederis against him He then attempted it in High-Germany Practising by faction and Force to reduce those petty States to his absolute power In this Henry the 8. again prevented him by tying the Lutber an Princes under his confederacy and assistance His Son the second Philip pursued the same Ambition in the Nether Germany by reduction whereof he intended to make his way further into the other This the late Queen of England interrupted by siding with the afflicted people on the one part and making her self Head of the Protestant League with the Princes on the other side drawing in as a secret of State the Countenance of France to give the more reputation and assistance to them and security to it self Spain seeing his hopes thus fruitless by these Unions and sleights began first to break if he might the Amity of France and England But finding the common danger to be as fast a Tye he raiseth up a party in that Kingdome of his own by the which the French King was so distressed that had not the English Councel and Assistance relieved him Spain had there removed that next and greatest obstacle of his ambition His Councel now tells him from these examples that the way to his great work is impassible so long as England lies a let into his way and adviseth him that the remove of that obstacle be the first of his intents This drew on those often secret practices against the person of the late Queen and his open fury in 88. against the Body of the State For which she following the advice of a free Councell will never after admit of Peace winning thereby the hearts of a loving people who ever found hands and money for all occasions at home and keeping sacredly her Alliances abroad secured her confederates all her time in freedome from fear of Spanish slavery And so ended her old and happy dayes in great Glory Spain then by the Wisdome and power of that great Lady dispoiled so of his means to hurt though not of his desire makes up with her peaceful Successor of happy memory the Golden League that disarming us at home by opinion of Security and giving them a power in our Councel by believing their friendship and pretended marriage gave them way to cherish amongst us a party of their own and bereaft of power abroad to lead in jealousie and sow a division between us and our confederates by which we see they have swallowed up the fortune of our Master's brother with the rest of the Imperial States distressed the King of Denmark by that quarrell diverted Sweden's Assistance by the wars with the Pole and moving of him now with the offer of the Danish Crown And now whether from the Plot or our Fatality it hath cast such a bone between France and us as hath gotten themselves by our quarrel of Religion a fast confederate and us a dangerous enemy So that now we are left no other Assurance against their Malice and ambition but the Nether-lands where the Tye of mutual safety is weak'ned by dayly discontents bred and fed between us from some ill-affected to both our Securities that from the doubtfulness of friendship as now we stand we may rather expect from our own domestick faction if they grow too furious they will rather follow the example of Rome in her growing that held it equally safe honourable and more easie dare Regeâ—â— thâ— subâ—ugare Provincian considering the poâ—er they have their hands then to giâ—e any friendly Assistance to serve the present condition of our State You may see therefore in what terms we stand abroad and I fear me at home for resistance in no better State There must be to withstand a Forreign invasion a proportion both of Sea and Land-forces for to give an enemy an easie passage and a port to relieve him in is no less then to hazard all at one stake And it is to be considered that no march by land can be of that speed to make head against the landing of an enemy nor no such prevention as to be Mr. of the Sea To this point of necessary defence there can be no less then 240000. l. For the land-forces If it were for an jOffensive war the men of less livelihood were the best spared and were used formerly to make such war purgamento Reipublicae if we made no further purchase by it But for safety of a Common-wealth the Wisdom of all times did never interest the publick cause to any other then such as had a portion in the publick adventure And that we saw in 88. when the ear of the Queen and Councel did make the body of that large Army no other then of trained bands which with the Auxiliaries of the whole Realm amounted to no less then 24000 men Neither were any of those drawn out from forth their Countries and proper habitations before the end of May that there might be no long aggrievance to the publick such discontentments being ever to us a more fatal Enemy then any Forreign force The careful distribution and direction of the Sea and Land-forces being more fitting for a Councel of War then a private Man to advise of I pass over yet shall ever be willing and ready when I shall be called humbly to offer up such observations as I have formerly gathered by the former like occasions of this Realm To make up this preparation there are requisite two things Money affections for they cannot be properly severed It was well wisely said by that great and grave Councellor the Lord Burleigh in the like case to the late Queen Win hearts you may have their hands purses And I find of late that diffidence having been a defect in the one it hath unhappily produced the other In gathering then of money for this present need there are required three things Speed Assurance and Satisfaction And the way to gather as others in the like cases have done must be by that path which hath been formerly called Via Regia being more secure speedy For by unknown and untroden ways it is both rough tedious seldom succeedeth well This. last way although it took place as it were by a supply at first and received no general denyal yet since it hath drawn many to consider with themselves and others of the Consequence and is now conceived a pressure on their liberties and against Law I much fear if now again it be offered either in the same face or by Privy Seal it will be refused wholly Neither find I that the restraint of those Recusants hath produced any other effect then a stiff resolution in them and others to forbear Besides though it went at the first with some assurance yet when we consider the Commissions and other forms incident to such like services as that how long it hangs in hand and