Councels in this kind but what we borrow in the Rolls of Summons wherein the form stood various according to the occasions until it grew constant in the form it is now about the entrance of Rich. 2. The Journal Rolls being spoiled by the injury of times or private ends This King in the fifth of his Raign called a Parliament and therein advised with his Lords and Commons for suppressing of Llewellen Prince of Wales and hearing that the French King intended to invade some pieces of his Inheritance in France he summoned a Parliament Ad tractand ordinand faciend cum Praelatis Proceribus aliis Incolis Regni quibuslibet hujusmodi periculis excogitatis malis sit objurand Inserting in the Writ that it was Lex justissima provida circumspectione stablita That Quod omnes tangit ab omnibus approbetur In 34. Super ordinatione stabilimento Regis Scotiae he made the like Convention His Son the second Edward pro solennitate Sponsalium Coronationis consulted with his people in his first year in his sixth year super diversis negotiis statum regni expeditionem Guerrae Scotiae specialiter tangentibus he assembled the State to advise the like he did in the eighth The French King having invaded Gascoin in the thirteenth year the Parliament was called super arduis negotiis statum Gasconiae tangentibus And in 16. To consult ad refraenand Scotorum obstinentiam militiam Before that Edward the 3. in his first year would resolve whether Peace or War with the Scotish King he summoned the Peers and Commons super praemissis tractare consilium impendere The Chancellor in Anno quinto declareth from the King the cause of that Assembly And that it was to consult and resolve whether the King should proceed with France for recovery of his Signiories by alliance of marriage or by war And whether to suppress the disobedience of the Irish he should pass thither in Person or no The year following he re-assembleth his Lords and Commons and requireth their advice whether he should undertake the Holy Expedition with the French King that year or no The Bishops and Proctors of the Clergy would not be present as forbidden by the Canons such Councels the Peers and Commons consult applauding the Religious and Princely forwardness of their Sovereign to this holy enterprize but humbly advise a forbearance this year for urgent occasions The same year though at another Sessions the King demanded the advice of his people Whether he should pass into France to an enterview as was desired for the exepediting the treaty of marriage The Prelates by themselves the Earls and Barons by themselves and the Knights of the Shires by themselves consulted apart for so is the Record and in the end resolved That to prevent some dangers likely to arise from the North it would please the King to forbear his journey and to draw towards those parts where the perils were feared his presence being the best prevention which advice he followed In the following Parliament at York the King sheweth how by their former advice he had drawn himself towards the North parts and now again had assembled them to advise further for his proceedings to which the Lords and Commons having consulted apart pray further time to resolve until a full assembly of the State to which the King granting adjourneth that Sessions At the next meeting they are charged upon their Allegiance and Faith to give the King their best advice the Peers and Commons consulting apart deliver their opinions and so the Parliament ended In the 13. year the Grands and Commons are called to consult and advise how the Domestick quiet may be preserred the Marches of Scotland defended and the Sea secured from forrein Enemies the Peers and Cammons having apart consulted the Commons after their desire not to be charged to counsel in things Des quenx ils mont pas cognizance answer That the Guardians of the Shires assisted by the Knights may effect the first if pardons of Felony be not granted The care of the Marches they humbly leave to the King and his Counsel and for the safeguard of the Seas they wish that the Cinque Ports Marine towns discharged for the most part from the main burthens of the In-land parts may have that left to their charge and care and that such as have lands neer the Coasts be commanded to reside on those possessions The Parliament is the same year reassembled Avisamento Praelatorum procerum necnon communitatis to advise de expeditione guerrae in partibus transmarinis at this Ordinances are made for provision of Ships arraying of men for the Marches and defence of the Isle of Jersey naming such in the Record as they conceive fit for the imployment The next year De la Pool accompteth in Parliament the expences of the wars a new aid is granted and by several Committees in which divers are named that were no Peers of Parliament the safeguard of the seas and defence of the borders are consulted of In the 15 year De assensu Praelatorum Procerum aliorum de consilio the Kings passage into France is resolved of Anno 17. Badlesmere instead of the Councel declareth to the Peers and Commons That whereas by their assents the King had undertaken the wars in France and that by mediation of the Pope a truce was offered which then their Soveraign forbore to entertain without their well allowance the Lords consult apart and so the Commons returning by Sir William Trussel an answer their advice and desire is to compose the Quarrel approve the Truce and the Popes mediation The Popes undertaking proving fruitless and delays to the French advantage who in the mean space allied with Scotland and others practized to root out the English Nation in France This King again assembled the year following in which the Peers and Commons after many days meditation resolve to end it either by Battel or Peace and no more to trust upon the mediation or message of his Holiness In the 21 year the chief Justice Thorpe declaring to the Peers and Commons that the French Wars began by their advice first the True after by their assents accepted and now ended the Kings pleasure was to have their Counsels in the prosecution the Commons being commanded Que ils se deveroyent trait ensemble se quils ensenteroient monstrer au Roy aux gravitur de son consilio Who after four days consulting humbly desire the King to be advised by his Lords and others more experienced then themselves in such affairs To advise the King the best for his French imployments a Parliament was summoned Anno 25. Herein the King for a more quick dispatch willeth the Commons to elect 24. or 30. of their house to consult with the Lords these to relate to their fellows and the conclusion general by
Parliament a solemne protestation for himself and the whole Clergie of his Province entered by word the effect whereof was That albeit they might lawfully be present in all Parliaments yet for that in those Parliament matters of treason were to be intreated of whereas by the Canon law they ought not to be present they therefore absented themselves saving their liberties therein otherwise And in the 21. of Richard the 2. for that divers judgements were heretofore undon for that the Clergie were not present the commons prayed the King that the Clergie would appoint some to be their common Proctor with sufficient authority thereunto The Bishops and Clergie therefore being severally examined appointed Sir Thomas Piercy their Proctor to assent as by their Instruments appeareth And the same year upon the devise of Sir Thomas Bussey most of the Bishops and Lords were sworne before the King again upon the Cross of Canterbury to repeal nothing in this year enacted So did sundry the Proctors of the Clergy and most of the Commons by holding up one of their hands affirmed that they the same would do In the judgement of the Duke of Norfolk and Earl of Warwick the same year the name and assent of the Procurator of the Clergy alleadged And in the first of Henry 4. the Bishop of Assaph for Arch-bishop and Bishops the Abbot of Glassenbury for all Religious Persons the Earl of Gloucester for Dukes and Earls the Lord of Barkley for Barons and Barronets Sir Thomas Irpingham Chamberlain for Batchelors and Commons of the South Sir Thomas Gray for Batchelors and Commons of the North Sir William Thirming and John Mekham Justices for the whole Estates came to the Tower to King Richard to whom Sir William Thirming for and in the name of them all pronounced the sentence of deposition and the words or resignation of homage and loyalty And when it was enacted anno 6. Henry 6. by the King Lords Temporal and Commons that no man should contract or marry himself to any Queen of England without the special licence and assent of the King on pain to lose all his Goods and Lands The Bishops and all the Clergie to this Bill assented so far as it was not against the Law of God And thus far for answer to the second part The third Reason Ecclesiastical Lawes enacted in Parliament The last which they granted from Presidents Parliaments since the Conquest they infer out of the Phrase and out of the practise The first by these words Rex Wintoniae celebravit magnum Concilium coram Episcopis Comitibus Baronibus mistaking the word as intending a Provincial Synod whereas it was in those dayes equal and usual for their Parliament that French Phrase never having admission in that sence here untill the time of Henry 2. and then but rarely That great assembly being formerly instiled Magnum Consilium and until of late often enjoyed the same name And this is evident out of the words of Benedictus Abbas in the life he wrote of the 2. 2. Henry Circa festum sancti Pauli venit Dominus Rex usque Northampton magnum ibi celebravit Consilium de Statutis Regni sui coram Episcopis Comitibus Baronibus terrae suae per Consilium Militum hominum suorum Here the intent manifesteth the nature of that assembly and the fuller in that the same Author in the same year saith that Richardus Cantuar. Archiepiscopus and Rogerus Eboracensis cum Sufraganeis suis congregatis apud Westmonasterium in Capella Monachorum infirmiorum tenuerunt Consilium or their convocation which had been needless if in their first they might have done their Church-affaires Here might I enter into a large and just discourse as well of the authority as antiquity of their Convocation or Synod Provincial no less antient as Beda mentioneth then in the year 686. when Austin adjutorio Regis c. assembled in Councel the Brittain Bishops from which unto this day there is successive Record of Councels or Convocations less interrupted then of Parliament Practice Now touching our practise to ordain in Parliaments Lawes Ecclesiastical either meer or mixt although it be by Record evident yet must it admit this difference First that it sprung not from our dispute or desire but solely from the Petitions of the Church as usual is in all the Rolls of Parliament receiving their distinct Title from those of the Commons And this they did to adde Seculare Brachium to their former Cannons too weak to reach to corporal punishments as in the fifth of Richard 2. when to suppress the Schismes the Clergy became in Parliament the Petitioners to the Kings Laity where these words of their assistance are excluding the Commons from any Power of advice Habita prius bona matura deliberatione de communi Consilio ipsius Archiepiscopi Suffraganeorum suorum aliorumque Clericorum super quo idem Archiepiscopus supplicavit ut pro debita castigatione illorum qui conclusiones Schismaticas praedicare voluerint animo obstinato dignaremur apponere brachium Regiae potestatis â—idem And this aide was in order in the Conquerors time who by edict commanded that every Marshal Episcope Deo faceret rectum secundum Canones Episcopales leges Which if he doth not after excommunication Fortitudo et Justitia Regis adhibeatur And this even in the Primitive Church was thought convenient because as Saint Ambrose saith for the like intent to the Emperor Valentinian Non tantas vires sermo mecus habiturus est pro Trinitate bellum gerens quantum edictum tuum Hence it is that at this day the King's authority is annexed ever to the Convocation as in the antient Church were the like decrees of Kings as those of Eruigius ratifying the twelfth Councel of Toledo Nemo illiciator vel contemptor vigorem his Institutionibus subtrahat sed generaliter per cunctas Regni nostri provincias hoec Canonum instituta nostrae gloriae temporibus acta et autoritatis debitae fastigia praepollebunt irrevocabili judiciorum exercitie prout constituta sunt in omnibus Regni nostri Provinciis celebres habebuntur Si quis autem haec instituta contemnat contemptor se noverit damnari sententia Id est ut juxta voluntatem nostrae gloriae et excommunicatas à nostro caetâ—resiliat in super decimam partem facultatis suaefisci partibus sociandam amittat But that the Church-laws ever moved from the Lay-members I take it as far from President as it is besides nhe nature of their Commission The Bishops and Clergy being onely called in the Writ to that service the word being to come in fide delectione ad declarandum Consilium avisamentum ad consentiendum iis quae tunc de avisamento assensu Cleri nostri and not the Commons cotigerit affirmari But if any shall object unto me that many Laws as that of the Supremacy
the Lords to the King In the 27 a Great Counsel is assembled many of the lay Peers few of the Clergy and of the Shires and Burroughs but one a peece This was for the prosecution of the French wars when honorable peace could not be gotten but the year following a Truce offered the King forbore to entertain until he had the consent of the Peers and Commons which they in Parliament accorded unto before the Popes Notary by publick Instrument The dallying of the French King in conclusion of peace and the falling off of the Duke of Brittany having wrought his end with France by reputation of the English succour is the year following declared in Parliament and their advice and aid required for the Kings proceeding In the 36. year he calleth a Parliament to consult whether war or peace by David King of Scots then offered should be accepted In the 40. the Pope demanding the tribute of King John the Parliament assembled where after consultation apart the Prelats Lords and Commons advise the denyal although it be by the dint of Sword In 43. The King declares to the Peers and Commons that the French against the Articles of the Truce refused payment of the moneys and delivery of the Towns summoning La Brett and others the Kings Subjects in Gascony to make at Paris their appeals and had forraged his of Bontion requiring whether on their breach he might not again resume the stile and arms of France The Lords and Commons had apart consulted they advised the King to both which he approving altered the inscription and figure of his Seal Two years after it was declared to the Peers and Commons that by their advice he had again resumed the stile and quarrel of France and therefore called their advice for the defence of the realm against the French securing of the Seas and pursuing of the Warre of which they consult and resolve to give the King an aid the like of Councel and supply was the year succeeding In the 50 a Parliament to the purposes of the other two was summoned and the year following the King in Parliament declaring how the French combined underhand against him with Spain and Scotland required their advice how Peace at home the Territories abroad Security of the Sea and charge of the War might be maintained I have the longer insisted in observing the carriage of these times so good and glorious after ages having not left the Journal entries of Parliament so full which with a lighter hand I will pass through Richard his Grand child succeeded to the Crown and troubles having nothing worthy his great fortunes but his great birth the first of his Raign he pursued the Steps of his wise Grandfather advising with Peers and Commons how best to resist his Enemies that had lately wronged many of his Subjects upon the Sea coasts In the second year he again consulted with his people how to withstand the Scots who then had combined with the French to break the Truce In the third he called the advice of Parliament how to maintain his regality impaired by the Popes provision how to resist Spain France and Scotland that had raised Wars against him how to suppress his Rebells in Guyen and Ireland and how to defend the Seas The like in the fourth year following at Winsor the year succeeding at a great Councel the King having proposed a voyage Royal into France now called the Parliament to determine further of it and it is worthy observation for the most before any proposition of War or Peace were vented to the Commons a debate thereof proceeded in the great Councel to stay it fitter to Popular advice The quarrel of Spain continuing the Duke of Lancaster offered a voyage against them so that the State would lend him money after consultation they granted aid but not to bind them to any continuance of Wars with Spain In the sixth the Parliament was called to consult about defence of the borders the Kings possessions beyond Sea Ireland and Gascoyne his subjects in Portugall and safe keeping of the Seas and whether the King should proceed by Treaty of Alliance or the Duke of Lancaster by force for the Conquest of Portuguall the Lords approve the Dukes intention for Portuguall and the Commons advise that Thomas Bishop of Norwich having the Popes Croiceris should invade France The same year the State was re-assembled to consult whether the King should go in person to rescue Gaunt or send his Army the Commons after two dayes debate crave a conference with the Lords the effect is not entered in the Roll only they bid Sir Thomas Puckering their speaker protest that Counsells for War did aptly belong to the King and his Lords yet since the Commons were commanded to give their advice they humbly wished a voyage Royal by the King if not that the Bishop of Norwich ought with the advantage of the Popes Croiceris be used in that service who accepted the Charge with ill success he further for the Commons prayed that the Kings Unkle should not be spared out of the Realm before some peace be setled with the Scots and that the Lord de la Sparre sent with Propositions from Spain may first be heard The Chancellor in the seventh year in the name of the King willeth the Lords apart and so the Commons to consult whether Peace or War with Scotland or whether to resist or assail the Kings adventure with Spain France or Flanders Their opinion is not entered in the Rolls an omission usual by the Clarks neglect only their Petition is recorded that the Bishop of Norwich may accompt in Parliament the expence of the monies and be punished for his faults in the service he undertook both which are granted At the next Sessions the same year the Commons are willed to advise upon view of Articles of Peace with the French whether War or such a Unity should be accepted They modestly excused themselves as too weak to consult in such weighty affairs But being charged again as they did tender the honour and right of the King they make this answer Quils intendent que ancunes sermâ—s terres que mesme lour Leeige auroit â—it pur cest accord in Guien si serront tenns dobt Roy Francois par homage service mars ne persont uny que lour dit Leeige voiroit assenter trope legierement de temer dicens Francois pertiel service la villa de Callis aultres terres conquises des francoise per lespreneve verroit la comen ense faest fait si autrement lour perroit bien faire giving their opinions rather for Peace than War Peace with France not succeeding the eighth year the body of the State was willed to advise whether the King in his own person or by sending of forces against the French Spain Flanders and Scotland should proceed This King having assembled at Oxon
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
not a cord about their necks ready for vengeance if it were found unprofitable but let such Stoicks know that there is great difference between the penning of a Law and advice giving for the manner of executing it neither by their leaves are all innovations to be rejected for divine Plato teacheth us that in all Common-wealths upon just grounds there ought to be some changes and that States men therein must behave themselves like skilfull musicians Qui artem musices non mutant sed musices modum V. That an evil weed groweth fast by the example of the new Catholique increase is clearly convinced but he that will ascribe this generation simply to his Majesties heroicall vertue of Clemency argueth out of fallacy which is called Ignoratio Elenchi was not the zeal of many cooled towards the last end of Queen Elizabeths Raign hath not the impertinent heat of some of our own side bereft us of part of our strength and the Papacy with tract of time gotten a hard skin on their Consciences Parva metus primo mox sese attollit in altum But if we will with a better insight behold how this great quantity of spaun is multiplied we must especially ascribe the cause thereof to their Priests who by their deaths prepare and assure more to their sect than by their lives they could ever perswade It were incivility to distrust a Friend or one that hath the shew of an honest man if he will frankly give his word or confirm it with an Oath but when a Protestation is made upon the last gasp of life it is of great effect to those that cannot gainesay it upon their owne knowledge The number of Priests which now adayes come to make a Tragicall conclusion is not great yet as with one Seal many Patents are sealed so with the loss of few lives numbers of wavering spirits may be gained Sanguis Martyrum Semen Ecclesieae And though those Priests having a disadvantagious cause are in very deed but counterfeit shadowes of Martyrs unto a true understanding yet will they be reputed for such by those that lay their Souls in pawn unto their Doctrine with whom if we list to contend by multitude of voices vve shall be cried down vvithout all peradventure for the gate of their Church is vvide and many there are that enter thereinto VI. By divers means it is possible to come to one and the self same end seeing then that the summe of our vvell-vvishing is all one namely that Popish Priests may have no power to do harm it is not impertinent to try sundry paths vvhich may lead us to the perfecting of our desires Politicians distinguish inter rempublicam constitutam rempublicam constituendam according to the severall natures vvhereof Statists art to dispose of their Counsells and Ordinances vvere now the Rhemists and Romulists new hatched out of the shell the former course of severity might soon bury their opinions with their persons but since the disease is inveterate variety of medicines is judicially to be applyed The Romans did not punish all crimes of one and the selfsame nature vvith extremity of death for some they condemned to perpetuall prison and others they banished into an Island or some remote Countrey even in the case of Religion they vvere very tender to dip their fingers in bloud for vvhen Cato vvas Consull and it seemed good unto the Senate to suppress with violence the disordered Ceremony of the Bacchanalls brought by a strange Priest into the City he vvithstood that sentence alledging that there vvas nothing so apt to deceive men as Religion vvhich alwayes pretends a shew of divinity and for that cause it behoved to be very vvary in chastising the professors thereof lest any indignation should enter into the peoples minds that some-what vvas derogated from the Majesty of God Others more freely have not spared to place Relgion I mean that Religion vvhich is ignorantly zealous amongst the kinds of Frenzie vvhich is not to be cured otherwise than by time given to divert or qualifie the fury of the conceipt Tantum Religio potuit suadere malorum VII Howsoever in valuing the power of a City or strength of arguments quality and vvorth is to be preferred before number nevertheless vvhere the uttermost of our force is not known it imports much to have it conceived That the multitude stands for us for doubts and suspicions cast in an enemies vvay evermore makes things seem greater and more difficult than they are indeed vve have by Gods mercy the Sword of justice drawn in our behalf which upon short warning is able to disunite the secret underminers of our quiet we have a King zealous for the house of the Lord who needeth not to feare less success in shutting up of Priests than our late Queen had in restraining them in Wisbich Castle where lest their factious Spirits should grow rusty they converted their Cancer to fret upon themselves and vomitting out Gall in Quod-libets shewed that their disease was chiefly predominant in the spleen what tempests they have raised in their College at Rome their own books and many travellers can witness the storm whereof was such that Sixtus Quintus complained seriously of the vexation which he received oftner from the English Scholars then all the Vassals of the Triple Crown and untruly is the Magistrate noted of negligence or overmuch security that layeth wait to catch the Foxes and the little Foxes which spoyl the Vineyard though afterwards without further punishment he reserve them to the day wherein God will take accompt of their Stewardship for if Aristotles City defined to be a society of men assembled to live well be the same which in our Law hath reference to the maintaining of the people in Peace so long as we taste of the sweet of a peaceable Government we cannot say but that we live well and that the City consisting of men and not of walls is happily guided VIII An Oath is a weak bond to contain him that will for pretended conscience sake hold not faith with heretiques or by absolution from a Priest thinketh himself at liberty to fly from any promise or protestation whatsoever therefore when I remember that Watson the Priest notwithstanding his invectives against the Jesuits gained liberty to forge his traiterous inventions and had others of his society in the complot I judge if safer to make recluses of them than to suffer such to dally with us by books and some idle intelligences cast abroad onely as a mist to bleare our eyes But how shall we finde the meanes to apprehend those disguised Romanists that borrow the shape of Captaines Merchants Gentlemen Citizens and all sorts of people and by equivocation may deny themselves to be themselves In answer to this question I will first shew the reason why they are not pursued and taken and hereafter make an overture how they may be bolted out of their hutches
as a blemish upon Princes that do the contrary Thus we see it was with Henry the sixth who after he had begun with abating the measure he after fell to abating the matter and granted commissions to Missenden and others to practise Alchemy to serve his Mint The extremity of the State in general felt this aggrievance besides the dishonour it laid upon the person of the King was not the least advantage his disloyal Kinsman took to ingrace himself into the Peoples favour to his Soveraign's ruine VVhen Henry the 8. had gained asmuch of Power and Glory abroad of Love and Obedience at home as ever any he suffered Shipwrack of all upon this Rock VVhen his Daughter Queen Elizabeth came to the Crown she was happy in Council to amend that Error of her Father For in a Memorial of the Lord Treasurer Burliegh's hand I find that he and Sir Thomas Smith a grave and learned man advising the Queen that it was the honour of her Crown and the true wealth of her Self and People to reduce the Standard to the antient purity and pâ—rity of her great Grand-Father King Edward 4. And that it was not the short ends of VVit nor starting holes of devises that can sustain the expence of a Monarchy but sound and solid courses for so are the words She followed their advise and began to reduce the Monies to their elder goodness stiling that work in her first Proclamation Anno 3. A Famous Act. The next year following having perfected it as it after stood she tells her People by another Edict that she had conquered now that Monster that had so long devoured them meaning the Variation of the Standard And so long as that sad Adviser lived she never though often by Projectors importuned could be drawn to any shift or change in the Rate of her monies To avoid the trick of Permutation Coyn was devised as a Rate and Measure of Merchandize and Manufactures which if mutable no man can tell either what he hath or what he oweth no contract can be certain and so all commerce both publique and private destroyed and men again enforced to Permutation with things not subject to wit or fraud The regulating of Coine hath been left to the care of Princes who are presumed to be ever the Fathers of the Common-VVealth Upon their honours they are Debtors and VVarranties of Justice to the Subject in â—hat behalf They cannot saith Bodin alter the price of the moneyes to the prejudice of the Subjects without incurring the reproach of Faux Mâ—nnoyeurs And therefore the Stories term Philip le Bell for using it Falsificateur de Moneta Omnino Monetae integritas debet queriubi vultus noster imprimitur saith Theodoret the Gothe to his Mint-Master Quidnam erit tutum si in nostra peccetur Effigie Princes must not suffer their Faces to warrant falshood Although I am not of opinion with Mirror des Justices the antient book of our Common Law that Le Roy ne poit sa Mony Empeirer ne amender sans l'assent de touts ses Counts which was the greatest Councel of the Kingdome yet can I not pass over the Goodness and Grace of money of our Kings As Edward the 1. and the 3. Henry the 4. and the 5. with others who out of that Rule of this Justice Quod ad omnes spectat ab omnibus debet approbari have often advised with the people in Parliament both for the Allay Weight Number of peeces cut of Coynage and exchange and must with infinite comfort acknowledge the care and Justice now of my Good Master and your Lordships Wisdoms that would not upon information of some few Officers of the Mint before a free and careful debate put in execution this Project that I much under your Honours Favour suspect would have taken away the Tenth part of every man's due debt or Rent already reserved throughout the Realm not sparing the King which would have been little lesse then a Species of that which the Roman Stories call Tabulae novae from whence very often seditions have sprung As that of Marcus Gratidianus in Livie who pretending in his Consulship that the Currant money was wasted by use called it in and altered the Standard which grew so heavy and grievous to the People as the Author saith because no man thereby knew certainly his Wealth that it caused a Tumult In this last part which is the Disprofit this enseebling the coyn will bring both to his Majestie and the Common-Wealth I must distinguish the Monies of Gold aud Silver as they are Bullion or Commodities and as they are measure The one the Extrinsick quality which is at the King's pleasure as all other measures to name The other the Intrinsick quantity of pure metall which is in the Merchant to value As there the measure shall be either lessened or inlarged so is the quantity of the Commodity that is to be exchanged If then the King shall cut his shilling or pound nominal less then it was before a lesse proportion of such Commodities as shall be exchanged for it must be received It must then of force follow that all things of necessity as Victuall Apparell and the rest as well as those of Pleasure must be inhaunced If then all men shall receive in their shillings and pounds a lesse proportion of Silver and Cold then they did before this projected Alteration and pay for what they buy a rate inhaunced it must cast upon all a double loss What the King will suffer by it in the Rents of his lands is demonstrated enough by the alterations since the 18. of Edward the 3. when all the Revenue of the Crown came into the receipt Pondere Numero after five groats in the ounce which since that time by the severall changes of the Standard is come to five shillings whereby the King hath lost two third parts of his just Revenue In his Customs the best of rate being regulated by pounds and shillings his Majesty must lose alike And so in all and whatsoever monies that after this he shall receive The profit by this change in coynage cannot be much nor manent In the other the loss lasting and so large that it reacheth to little less then yearly to a sixth part of his whole Revenue for hereby in every pound tale of Gold there is nine ounces one penny weight and 19 grains loss which is 25 l. in account and in the 100 1. tale of Silver 59 ounces which is 14 l. 17 s. more And as his Majestie shall undergoe all these losses hereafter in all his receipts so shall he no less in many of his disbursements The wages of his Souldiers must be rateably advanced as the money is decreased This Edward the third as appeareth by the account of the Wardrobe and Exchequor as all the Kings after were enforced to do as oft as they lessened the Standard of their monies The
and so transported and his Mint thereby set less on work then now 3. Whether the advancing the Silver-coyn in England will not cause a transportation of most of that that is now currant to be minted in the Netherlands and from them brought back again whereby his Majestie 's Mint will fail by the exported benefit 4. Whether the advancing the Silver coyn if it produce the former effects will not cause the Markets to be unfurnished of present coyn to drive the exchange when most of the old will be used in Bullion 5. Whether the higher we raise the Coyn at home we make not thereby our Commodities beyond-sea the cheaper 6. Whether the greatest profit by this enhauncing will not grow to the ill members of the State that have formerly culled the weightiest peeces and sold them to the stranger-Merchants to be transported Certain General Rules collected concerning Money and Bullion out of the late Consultation at Court GOld and Silver have a twofold estimation in the Extrinsick as they are monies they are the Princes measures given to his people and this is a Prerogative of Kings In the Intrinsick they are Commodities valuing each other according to the Plenty or scarcity and so all other Commodities by them And that is the sole power of Trade The measures in a Kingdom ought to be constant It is the Justice and Honour of the King for if they be altered all men at that instant are deceived in their precedent contracts either for Lands or money and the King most of all for no man knoweth then either what he hath or what he oweth This made the Lord Treasurer Burleigh in 73. when some Projectors had set on foot a matter of this nature to tell them that they were worthy to suffer death for attempting to put so great a dishonour on the Queen and detriment and discontent upon the People For to alter this publick measure is to leave all the Markets of the Kingdome unfurnished and what will be the mischief the Proclamations of 5. Edwardi 6. 3. Mariae and 4. Elizabethae will manifest when but a Rumor of the like produced that effect so far that besides the faith of the Princes to the contrary delivered in their Edicts they were inforced to cause the Magistrates in every Shire respectively to constrain the people to furnish the Markets to prevent a mutiny To make this measure then at this time short is to raise all prizes or to turn the money or measure now currant into disise or Bullion for who will depart with any when it is richer by seven in the hundred in the Mass then the new monies and yet of no more value in the Market Hence of necessity it must follow that there will not in a long time be sufficient minted of the new to drive the exchange of the Kingdome and so all Trade at one instant at a stand and in the mean time the Markers unfurnished Which how it may concern the quiet of the State is worthy care And thus far as money is a measure Now as it is a Commodity it is respected and valued by the intrinsick quality And first the one metall to the other All commodities are prized by Plenty or scarsity by dearness or cheapness the one by the other If then we desire our Silver to buy Gold as it late hath done we must let it be the cheaper and less in proportion valued and so contrary for one equivalent proportion in both will bring in neither We see the proof thereof by the unusual quantity of Gold brought lately to the Mint by reason of the price for we rate it above all other Countries and Gold may be bought too dear To furnish then this way the mint with both is altogether impossible And at this time it was apparently proved both by the best Artists and Merchants most acquainted with the Exchange in both the examples of the Mint-masters in the Rex Dollar and Reall of Eight That Silver here is of equal value and Gold above with the forreign parts in the intrinsick and that the fallacy presented to the Lords by the Mint-Masters is only in the nomination or extrinsick quality But if we desire both it is not raising of the value that doth it but the ballasing of Trade for buy we in more then we sell of other Commodities be the money never so high prized we must part with it to make the disproportion even If we sell more then we buy the contrary will follow And this is plain in Spain's necessities For should that King advance to a double rate his Reall of 8. yet needing by reason of the barrenness of his Countrey more of Forreign Wares then he can countervail by Exchange with his own he must part with his money and gaineth no more by enhauncing his Coyn but that he payeth a higher price for the Commodities he buyeth if his work of raising be his own But if we shall make improvement of Gold and Silver being the staple Commodity of his State we then advancing the price of his abase to him our own Commodities To shape this Kingdom to the fashion of the Netherlanders were to frame a Royal Monarch by a Society of Merchants Their Countrey is a continual Fair and so the price of Money must rise and fall to fit their occasions We see this by raising the Exchange at Franckford and other places at the usual times of their Marts The frequent and daily change in the low Countries of their monies is no such injustice to any there as it would be here For being all either Mechanicks or Merchants they can rate accordingly their labours or their wares whether it be coyn or other Merchandise to the present condition of their own money in Exchange And our English Merchants to whose profession it properly belongs do so according to the just intrinsick value of their Forreign coyn in all barter of Commodities or exchange except at Usance Which we that are ruled and tyed by the extrinsick measure of monies in all our constant Reckonings add Annual bargains at home cannot do And for us then to raise our coyn at this time to equal their proportions were but to render our selves to a perpetual incertainty for they will raise upon us daily then again which if we of course should follow else receive no profit by this present change we then destroy the Policy Justice Honour and Tranquility of our State at home for ever THE DANGER WHEREIN THIS KINGDOME NOW STANDETH AND THE REMEDY Written by Sir ROB. COTTON Knight and Baronet LONDON Printed in the year 1651. THE DANGER Wherein this Kingdome now standeth and the REMEDIE AS soon as the house of Austria had incorporated it self into the house of Spain and by their new Discoveries gotten to themselves the Wealth of the Indies they began to affect and have ever since pursued a fifth Monarchy The Emperour Charles would first have laid the foundation thereof in Italy
And where those of Syphax had plotted the murder of Masinissa Non aliud mihi factum quà m quod sceleris sui reprehensi essent saith Appian The Ambassadors of the Protestants at the Counsell of Trent though divulging there the Doctrine of the Churches contrary to a Decree there enacted a crime equivalent to Treason yet stood they protected from any punishment So much doth public conveniency prevail against a particular mischief That the State of Rome though in case of the most capital crime exempted the Tribunes of the people from question during the year of office And the Civilians all consent that Legis de Jure Gentium indictum est eorum corpora salva sint Propter necessitatem legationis ac ne confundant jura comercii inter Principes The redress of such injuries by such persons the example of Modern and best times will lead us to Vivia the Popes Legate was restrained by Henry the Second for exercising a power in his Realm not admitted by the King in disquiet of the State and forced to swear not to act any thing in Praejudicium Regis vel Regni Hen. 3. did the like to one of the Popes Ambassadors another flying the Realm secretly fearing timens pelli sui as the Record saith Edward 1. so restraining another until he had as his Progenitors had informed the Pope of the fault of his Minister and received satisfaction of the wrongs In the year 1523. Lewis de Pratt Ambassador for Charles 5. was commanded to his house for accusing falsly Cardinal Wolsey to have practised a breach between Hen. 8. and his Master to make up the Amity with the French King Sir Michael Throgmorton by Charles the 9. of France was so served for being too busie with the Prince of Condy in his faction Doctor Man in the year 1567. was taken from his own house in Madriil and put under a Guard to a straiter Lodging for breeding a Scandal as the Conde Teri said in using by warrant of his Place the Religion of his Country although he alledged the like permitted to Ghusman de Silva their Ambassador and to the Turk no less then in Spain In the year 1568. Don Ghuernon d' Espes vvas ordered to keep his house in London for sending scandalous Letters to the Duke d' Alva unsealed The Bishop of Rosse in the year 1571. vvas first confined to his house after to the Tower then committed for a good space to the Bishop of Ely his care for medling with more business then belonged to the place of his imployment The like was done to Dr. Alpin and Malvisett the French Ambassadors successively for being busie in more then their Masters affairs In the time of Philip the second of Spain the Venetian Ambassador in Madrill protecting an offendor that fled into his house and denying the Heads or Justices to enter his house vvhere the Ambassador stood armed to vvithstand them and one Bodavario a Venetian whom they committed to Prison for his unruly carriage and they removed the Ambassador unto another house until they had searched and found the Offendor Then conducting back the Ambassador set a guard upon his house to stay the fury of the people enraged The Ambassador complaining to the King he remitted it to the Supreme Councel they justified the proceeding condemning Bodavario to lose his head and other the Ambassadors servants to the Galleys all vvhich the King turned to banishment sending the whole process to Inego de Mendoza his Ambassador at Venice and declaring by a publick Ordinance unto that State and all other Princes that in case his Ambassadors should commit any offence nnworthily and disagreeing to their professions they should not then enjoy the privilege of those Officers referring them to be judged by them vvhere they then resided Barnardino de Mendoza for traducing falsly the Ministers of the State to further his seditious Plots vvas restrained first and after commanded away in the year 1586. The last of Spanish Instruments that disquieted this State a benefit vve found many years after by their absence and feel the vvant of it now by their reduction Having thus shortly touched upon such precedent examples as have fallen in the vvay in my poor observation I humbly crave pardon to offer up my simple opinion what course may best be had of prosecution of this urgent cause I conceive it not unfit that vvith the best of speed some of the chief Secretarries vvere sent to the Ambassador by vvay of advice that they understanding a notice of this information amongst the common people that they cannot but conceive a just fear of uncivil carriage towards his Lordship or his followers if any the least incitement should arise and therefore for quiet of the State and security of his person they vvere bound in love to his Lordship to restrain as vvell himself as followers until a further course be taken by legal examination vvhere this aspertion begun the vvay they onely conceived secure to prevent the danger this fear in likelyhood vvill be the best motive to induce the Ambassador to make discovery of his intelligence when it shall be required I conceive it then most fit that the Prince and your Grace to morrow should complain of this in Parliament and leaving it so to their advice and justice to depart the House the Lords at the instant to crave a conference of some small number of the Commons and so conclude of a Message to be sent to the Ambassador to require from him the charge and proofs the Persons to be sent the two Speakers of the two Houses vvith some convenient company of either to have their Maces and ensigns of Office born brfore them to the Ambassadors Gate and then forborn to shew fair respect to the Ambassadors then to tell them that a relation being made that day in open Parliament of the former information to the King by his Lordship they vvere deputed from both Houses the great Councel of the Kingdom to the vvhich by the fundamental Law of the State the chief care of the Kings safety and public quiet is committed they vvere no less the high Court of Justice or Supersedeas to all others for the examining and correcting all attempts of so high a nature as this if it carry truth That they regarded the honour of the State for the Catholicks immoderate using of late the Lenity of Soveraign Grace to the scandal and offence of too many and this aspersion now newly reflecting upon the Prince and others meeting vvth the former distaste which all in publique conceive to make a plot to breed a rupture between the King and State by that party maliciously layd hath so inflamed and sharpned the minds of most that by the access of people to Term and Parliament the City more filled then usual and the time it selfe neer May day a time by custom apted more to licentious liberty then any other cannot but breed a just jealousie and
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
l. a yeare out of all other annual pensions ratably leaving the remain if any to the Pattentees Hen 6. annis 28. 29. 33. resumeth in England all Lands offices liberties and grants from annis primo and the like anno 21. in Ireland So did Edward 4 annis 4. 7. 12. And Henry 7. anno 2. resumed all grants made by Edward 4. or Richard 3. Particular by Lones Or Benevolences Voluntary Or Compulsive First upon Lones voluntary as upon assurance of Bond of the Nobility So was William de la Poole bound for Edward 3. anno 13. in great summes and the. Duke of Glocester anno 20. Henry 6. and the Cardinal pawned Ws silver Vessels for Henry 6. debt Vpon pawn of Jewels Thus did Henry 3. anno 26. to the Archbishop of York and when his own were at gage he took Aurum et Jocalia faeretri sancti Edwardi Confessor and pawned them Edward 1. imployed one Andevar ad jocalia sua impignoranda Edward 2. pawned his Jewels to the Lord Beaumont Edward 3. pawned Magnam Coronam Angliae to Sir John Wessingham for 8. years Richard 2. pawned vasa aurea et diversa jocalia to Sir Robert Knolls Henry 4. Invadiavit tabellam et tresellas suas argenteas de Hispania Henry 5. pawned his great Crown to the rich Bishop of Winchester Henry 6. to the same man then Cardinal pawned many parcels of his Jewels in the 10 12. and 29. of his reign and the like to many others And the late Queen to ease her people did the like with her Jewels in the Tower besides the often morgage of her land Lones voluntary upon Assignments of Customes and Subsidies So did Cardinal Beauford lend 10000. l. to Henry 6. anno 22. upon security of the Customes of London and Southampton the King indenting to turn the course of most trade thither And Henry 6. anno 15. and Edward 4. anno 12. did secure their debts by assignment over of the next Subsidie or aide that shall be granted from the Church or Laity to them being a devise in truth to draw on a supply the sooner from the State Lones voluntary upon the Great Seal or the Privy Seal The Great Seal under which they should have without paying Fee a Patent sealed for repayment of their dues by a day certain The Privy Seal which is of late the most in use and it is worthy of observation to see the willingness of former times in respect of these In the 13. of Henry 4. there is a Roll intituled les nomes de ceux que ont da prester an Roy les somnes escrits The Arch-bishop of Canterbury lent 1000. Marks the Bishop of Lincoln as much the Bishop of Norwich 600. l. the Bishop of London 500. Markes the Bishop of Bath 400 Marks the Lord Privy Seal 200. l. the Clerks of the Chancery 1000. Markes Particular Grants of the Subject by Lone compulsive So were the Merchants of Florence Venice and Luke compelled by an order in Councel 3 Henry 3. because they had by grace et sufferance du Roy graunts priviledges et reportants grand lucre pour le exercise de leur Merchandre en le Angle terre And the persons that refused to lend were committed to the Fleet neither were the English more free in anno 30. Henry 6. divers being enjoyned to attend the Councel-table or else to pay the demanded Lone In the time of Henry 8. anno 14. of his Reign he exacteth by way of Lone ten pounds in the hundred of all goods jewels utensils and land and according to the extreamest rate revealed by Oath of the possessors Notwithstanding there is a Law 2. Richard 2. that none shall be denyed in demand of any Lone his reasonable excuse Particular Grants of the subjects by contribution or Benevolent gifts These were of old usual and free and therefore called Liberalitas populi by Richard 1. and Curialitas by Ed 1. Ed. 3. Henry 4. and Henry 5. confessed to proceed ex spontane voluntate nec de jure vendicare potest Yet did Henry 6. anno 20. in an instruction to Commissioners imployed in procuring a Benevolence say that for so much as by the Law he might compel all his Subjects and at their own charge to attend his yet he was contented to spare such as would but contribute asmuch after his degree and reputation as two days in his personal service would stand him in thereby implying a necessity in them to give to escape a further expence This Law upon which Henry 6 grounded himselfa was by a Statute in Queen Maries time repealed And that since repealed this last year hath made are reviving of the former whereby the King is readmitted into his old advantages and the subject in the former mischief And Henry 8. anno 17. Although he entituleth the benevolence he sought with no other stile then an amicable grant yet he threatened the refusers with convention before his Councel imprisonment and confiscation of Goods THe Kings raise money and improve and revenues of the Crown By power absolute in the Soveraign in disposing 1. Lands 2. Merchandize 3. Regalities 1. Lands as by selling which hath been often the old if they were not of the Antient demeasne-land which our forefathers held impious to alienate from the Crown and those were such Lands as go under the title of Terra Regis in the Book of Domesday and were the Lands of Edward confessor of other Lands I never observed question neither do ever find that Acts of Resumptions ever reached to Lands that were sold for valuable consideration By passing in Fee-farm except places of the Kings Residence Parks spacious Wastes or Forrests all the Lands of the the Crown which remain either in the annexation custody lands or Queens jointure and exceed not yearly 32000. l. These although largely estated out in several natures some for lives some for years will one with the other be advanced to a treble rent which amounting to 96000. l. leaving an annual improvement of 64000. And if the offer be not made restrictive for the new Tenant there is no doubt but his Majesty shall find ready and hearty undertakers amongst the Gentry and Nobility too who have any place of Residence neer any his Majesties Mannors and the Kings security the better since their abilities will settle the Pre-farm rent upon more Land then the purchase If any shall object against this a loss by Fines and Profits of Courts a prejudice in not serving necessity as of late by sales or diminution of Regalities in seisure of so many Royalities It may be answered to the first that the casual profits of Courts never defrayed to the present Officers their fees and expences and this appeareth from a collection made the 44. year of the late Queen where the total issue of such certain charge exceeded the receipt of such chances above 8000. l. To the
in Henry 8. time had first the ground in Parliament it is manifested by the dates of their Acts in convocations that they all had properly in that place the first original And that this was the use of old nothing will leave it so clear as to observe the fruitless success of the Laity in all their endeavours to establish Ecclesiastical Laws And this I will manifest by the Kings answer out of Record so far as the Rolls of Parliament will admit me successively Until the 11. of Edward the first there is no Record extant but in that the Commons petition to the King that a Law may be made against Usurers The King gave answer that it must be remedyed coram Ordinariis And when they desired remedy de multimodis injustis vexationibus eis factis per Officiales alios ministros Ecclesiae The King replyed Cancellarius emendat in temporalibus Archiepiscopus faciâ—t in spiritualibus From hence there is a lack of Record near to the 8. of Edward 3. In which Parliament the Commons desire an Act to restrain the Clergie in their trivial citations whereunto they received from the King but this answer onely That the King will charge the Bishops to see it remedyed And the first of Richard the 2. preferring the like petition against corruption of Ordinaries to do according to the Lawes of Holy Church And in the fifth of the same King they complain against abuses in Ecclesiastical Courts Respons The King will charge the Clergy to amend the same And in the 15. year when they required an Act to declare the age of the titheable Wood they had for answer The King would move the Bishops for order between this and the next Parliament And in the 17 of Richard 2. when they petiotioned for a residing learned Ministry so as the Flock for want might not perish they had replyed That the King willeth the Bishops to whom that Office belongeth to do their duties Henry the 4. in his second year desired by the Lords and Commons to pacify the Schisme of the Church Answereth he will charge the Bishops to consider the same And in his fourth year being importuned for an Act for residency of Ministers replyed Le Roy command an Prelats et perentrecy ils empurvoient de remedie And in the eleventh of the same King to the like petition Respons Ceste matiere appartient a St. Eglise et remede en la darraine Convocation In Parliament under the 5. Henry and his first year the King answereth the Commons petition against oppressing Ordinaries If the Bishops do not redtess the same the King will And in Anno 3. Henry 6. to a Petition that Non-Residents should forfeit the profit of their living gave answer that he had delivered the Bill to my Lord of Canterbury and semblably to my Lord of York charging them to purvey meanes of remedy And in the year following to a petition that Patrons may present upon Non-Residencie Respons There is remedy sufficient in the Law spiritual Since then it is plain by these rehearsed answers that from the Conquest they have received but weak admittance And by the edict of the first King William in these words a sharp restraint Defendo et mea authoritate interdico ne ullus laicus homo de legibus quae ad Episcopum pertinent se intromittat And that the Saxon Synodals are rather Canon-Laws then Lay-mens Acts. And the practise of the primitive Church if well understood but a weak prop to their desire It may not seem distastful from the King walking in the Steps of his Ancestors Kings of this Land to return as formerly the Commons desires to their proper place the Church-mans care And to conclude this point in all Parliaments as Martian the Emperor did the Chalcedon Councel Cessat jam profana contentio nam vere impius sacrilegus est qui posttot sacerdotum sententiam opinionisuae aliquid tractandum reliquit And with the Letter of Gods Law Qui superbicrit nolens obedire sacerdotis imperio ex decreto Judicis morietur hono THE ARGUMENT Made by the COMMAND Of the House of COMMONS Out of the Acts of Parliament and Authority of Law expounding the same at a CONFERENCE with the LORDS CONCERNING THE LIBERTIE of the person of every FREEMAN Written by Sir ROB. COTTON Knight and Barronet LONDON Printed in the Year 1672. THE ARGUMENT Made by the COMMAND Of the House of COMMONS Out of the Acts of Parliament and Authority of Law expounding the same at a Conference with the LORDS Concerning the Liberty of the person of every FREEMAN My LORDS VPon the occasions delivered by the Gentlemen your Lordships have heard the Commons have taken into their serious consideration the matter of the personal liberty and after long debate thereof of on divers dayes aswell by solemn Arguments as single proportions of doubts and answers to the end no scruples might remain in any mans breast unsatisfyed They have upon a full search and clear understanding of all things pertinent to the question unanimously declared That no Freeman ought to be committed or detained in Prison or otherwise restrained by the command of the King or the Privy Councel or any other unless some cause of the commitment deteinor or restraint be expressed for which by Law he ought to be committed detained or restrained And they have sent me with other of their Members to represent unto your Lordships the true grounds of such their resolution and have charged me particularly leaving the reasons of Law and Presidents for others to give your Lordships satisfaction that this Liberty is established and confirmed by the whole State the King the Lords Spiritual and Temporal and the Commons by several Acts of Parliament the authority whereof is so great that it can receive no answer save by interpretation or repeal by future Statutes And those that I shall mind your Lordships of are so direct to the point that they can bear no other exposition at all and sure I am they are still in force The first of them is the grand Charter of the Liberties of England first granted 17. Johannis Regis and revived 9. Hen. 3 and since confirmed in Parliament above 30. times The words are these cap. 29. Nullus liber homo capiatur vel imprisonetur aut disseisetur de libero tenemento suo vel Libertatibus vel liberis consuetudinibus suis aut ut lagetur aut exuletur aut aliquo modo dâ—struatur nec super eum ibimus nec super eum mittemus nisi per leg ale â—udiciuâ— parium suorum vel per legem terrae These words Nullus liber homo c. are express enough Yet it is remarkable that Mathew Paris an Author of especial credit doth observe fol. 432 that the Charter 9. Henry 3. was the very same as that of the 17. of King John in nullo
entaile of the Crown by King Henry 4. in the 8. year of his Reign for all the Commons The Banishment of the two Spencers in 15. E. 2. Praelati Comites Barones les autres Peeres de la terre Commons de Roialme give Consent and Sentence to the Revocation and Reversement of the former Sentence the Lords and Commons accord and so it is expressed in the Roll. In the first of Edward the third when Elizabeth the Widdow of Sir John de Burgo Complained in Parliament that Hugh Spencer the younger Robert Baldock and William Cliffe his Instruments had by duress forced her to make a writing to the King whereby she was dispoiled of all her inheritance Sentence was given for her in these words Pur ceo que avis est al Evesques Counts Barones autres Grandes a tout Cominalte de la terre que le dit escript est fait contre ley tout manere de raison si fuist le dit escript per agard delparliam dampue elloques al livre ala dit Eliz. In the 4th of Edward 3. it appears by a Letter to the Pope that to the Sentence given against the Earl of Kent the Commons were parties as well as the Lords and Peers for the King directed their proceedings in these words Comitibus Magnatibus Baronibus aliis de Communitate dicti Regni as Parliamentum illud congregates iuâ—unximus ut super his discernerent judicarent quod ratione justitiae conveniret habere prae oculis solum Deum qui cum concordi unaenimi sementia tanquam reum criminis laesoe majestatis morti abjudicarent ejus sententia c. When in the 50th of E. 3. the Lords had pronounced the Sentence against Richard Lyons otherwise than the Commons agreed they appealed to the King and had redress and the Sentence entred to their desires When in the first year of R. 2. William Weston and John Jennings were arraigned in Parliament for surrendring certain Forts of the Kings the Commons were parties to the Sentence against them given as appeareth by a Memorandum annexed to that Record In I H. 4. although the Commons refer by protestation the pronouncing the sentence of deposition against King Richard the Second unto the Lords yet are they equally interessed in it as appeareth by the Record for there are made Proctors or Commissioners for the whole Parliament one Bishop one Earl one Abbot one Barronet and Two Knights Gray and Erpingham for the Commons and to infer that because the Lords pronounced the sentence the point of Judgment should be only theirs were as absurd as to conclude that no authority was left in any other Commissioner of Oyer and Terminer than in the person of that man solely that speaketh the Sentence In the Second of Hen. the 5th the Petitions of the Commons importeth no less than a Right they had to act and assent to all things in Parliament and so it is Answered by the King And had not the Journal Roll of the Higher House been left to the sole entry of the Clerk of the upper house who either out of neglect to observe due form or out of purpose to obscure the Commons right and to flatter the power of those he immediately served there would have bin frequent examples of all times to clear this doubt and to preserve a just Interest to the Commonwealth And how conveniently it suits with Monarchy to maintain this form lest others of that well-framed body knit tinder one head should swell too great and monstrous it may be easily thought For Monarchy again may sooner groan under the weight of an Aristocracy as it once did then under a Democracy which it never yet either felt or feared R C B. FINIS Titus Livius 2. doc Livius Acta Triden Concil August de legibus Antiq. Roman Benedict in vita Hen. 2. Record in Scaccar Wâ—st Claus Edw. â— Lewes in the Paper Chart. 1523 William the Conqueror Malmsbury Ex lib. feod in Scacc. Hen. 1. Ex lib. pub in Scacc. Chron. de Dunstable Mat. Paris Benedictus Monachus in vita Hen. 2. Gervas Dorch Roger Wendâ—ver King John Claus 6 Iob. in 3. Dorso Petit. 18. Hen. 3. Claus 49. Hen. 3. in 11. Dors Edw. 1. Ex Rot. Parl. in Archivis London Claus 9. Edw. 1 in 12. Rot. Parl. Anno 7 Edw. 1. Claus 7 Edw. 1. in 3. Dors Claus 34. Ed. 1. in dors Edw. 2. Claus 1 Edw. 2. in 19. in dors Claus 6 Ed. 2. in 3. in dors Claus 8. in 3. in dors Claus 13 E. 2. in 13. in dors Claus 16. E. 2. in 27. in dors Ddw 3. Claus 1 Ed. 3. in dors Rot. Parl. 5 Edw. 3. Parl. 6 Ed. 3. Rot. Parl. 6 Ed. 3. Saff 2. in 6. Rot. Parl. 7 Ed. 3. Rot. Parl. 7 E. 3. Sess 2. Parl. 7 E. 3. in 6. Rot. Parl. 13 E. 3. Rot. Parl. 13 E. 3. Sess 2. Parl. 14. E. 3. Rot. Parl. 18 E. 3. Ro. Parl. 21 E. 3. Parl. 25 E. 3. Parl. 27 E. 3. Parl. 27 E. 3. Parl. 29 E. 3. Paâ—l 36 E. 3. Parl. 40 E. 3. King John Parl. 43 E. 3. Parl. 45 E. 3. Parl. 46 E. 3. Par. 50 Ed. 3. Rich. 2. Par. 1 Rich. 2. in 5 6. Parl. 1 Rich. 2 in 7. Parl. 3 Rich. 2. in 4. 5. Par. 4 Rich. 2. n 2 3. Parl. 5 Rich. 2. in 3. Parl. 5. Sess 2. Parl. 6. Rich. 2. Parl. 6 Sess 2. Par. 7 Rich. 2. Parl. 7 Sess 2. Par. 8 Rich. 2. Claus 9 Rie 2. Par. 10 Rich. 2. Parl. 13 Ric. 2. Rot. Claus 13. Ric. 2. Far. 14 Ric. 2. Parl. 17 Ri. 2. Henry 4. Parl. 5. Hen. 4. Parl. 6. Hen. 4. Parl. 7. 8. Hen. 4. in 19 20. Claus 7 H. 4. ln 33. In 57. In 59. Hen. 5. Parl. 1 Hen. 5. In 2. In 4. Parl. 2 Hen. 5. Parl. 3 Hen. 5. Parl. 4 5. Hen. 5. Parl. 5 Hen. 5. Parl. 7 Hen. 5. Hen. 6. Rot. Parl. 2 Hen. 6. Rot. Pa 3 H. 6. Rot. Pa. 9 H. 6. Rot. Parl. 14 Hon. 6. Rot. Parl. 15 Hen. 6. Parl. 20 H. 6. Parl. 23 H. 6. Rot. Parl. 25 Hen. 6. in 3. N. 6. Parl. 27 H. 6. Parl. 29 H. 6. Parl. 33 H. 6. Edward 4. Parl. 7. E. 4. Parl. 12 E. 4. Henry 7. Rot. Parl. 1 Hen. 7. Henry 8. Parl. 3 H 8. Rot. Parl 32. Hen. 8. Ex iustrumen Orig. Tractat. matrimonial 1510. Ex literis orig legator Ex tract Hen. 8. Maximilian 1511. Ex tract orig Ex tract orig Ex liiteris Ric. Pace Legat. Reg. Anglia Ex literis Car. Sedunensis Ex literis Carol Reg. Hisp Ex literis Car. Imperat. original Extract Wind. 1522. Ex instru orig jurament Ex literis Richardi â—ace lohannis Russel Ex tract Madristensi 526. Ex Rot. Com. Russel Pace Ex iustru orig Carol. 5. Ex instru H. 8. Bryano Gardinen Ex