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

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close and foul play entertaineth an overture made by the Duke de Longavil then prisoner in England for a Marriage of Mary his Sister with the French King which effected the two subtile Princes failed of their ends Lewis dead and Francis succeeding he made his first entrance a league with England the recovery of Millane which he did the protection of his neighbours and reduction of the Swisses from the Imperial side for which he imployed to them the bastard of Savoy Maximilian and Ferdinand seeing by this all their new purchases in danger and that they had now no disguised marriage again to entertain the credulity of Henry the eighth they work upon his youth and honour The Emperor will needs to him resign his Emperial Crown as wearied with the weight of Government and distraction of Europe which needed a more active man then his old age to defend the Liberty of Subjects and Majesty of Princes from the Tyranny of France That he had made the way already for him with the Electors that he would send the Cardinall Sedunensis with ample commission into England to conclude the resignation which was done That at Aquisgrave he will meet Henry the eighth and there give up his first Crown from thence accompany him to Rome where he should receive the last right of the Imperiall dignity putting Verona into his protection then assailed by the Venetians and giving him the investiture of Millane in feodo more Imperiali then in possession of the French to tye his aid the faster against these States Hereupon Henry the eighth concluded a defensive league with the Bishop of Mesa and Count Daciana authorised Commissioners from the Emperor Arragon Castile and sendeth his Secretary Master Pace with money for Maximilian had already borrowed and broken to entertain the Swissers into pay and confederacy against France Charles the Grandchild must feign a difficulty to sway his League untill the Emperor at Henry the eighths cost was fetched from Germany to the Netherlands to work his Nephew to it who in the interim had closely contracted a peace by the Grandfathers consent with France No sooner had Maximilian received ten thousand Florins of the English King to bear his charge but the Treaty of Noyon was closely between him Arragon and Castile concluded whereby the ten thousand Crowns for recognition of Naples was passd from France to the Emperor and Charles himself affianced to Loysia the French Kings daughter and also darkly carried that when Master Pace at Agno came down from the Emperor with his Signature of the confederacy the French Kings Ambassador went up the back Stairs with six thousand Florins and the transaction of the Pension of Naples to Maximilian and there received his confirmation of the Treaty at Novon notwithstanding the same day the Emperor looking upon his George and Garter wished to Wingfield Henry the eighths Ambassador that the thoughts of his heart were transparent to his Master So displeasing was this foul play to the Cardinall Sedunensis the Emperors chief Counsellor that he writ contra perfidiam Principum against the falshood of his own Lord a bitter Letter to the English King who finding again how his youth and facility was overwrought by these two old and subtill Princes his vast expences lost his hopes of France lesned and that of the Emperor vanished for Maximilian is now conferring the Title of Rex Romanorum to one of his Nephues concludeth by mediation of the Admiral of France a peace with that King a marriage for the Dolphin Francis with the Lady Mary and the re-delivery of Tournay for a large Summe of Money Not long after Maximilian dieth leaving the Imperial Crown in Competition of France and Castile Charles whose desire was as his Ancestors to weave that vvreath for ever into the Austrian Family began to fear the power of his corrivall vvith vvhom the Pope then sided and the English King stood assured by the late marriage of their two Children To draw off the Pope he knew it vvas impossible he vvas all French To vvork in Henry the eighth he found the inconstancy of his predecessors and the new match to lie in the vvay To clear the one he is fain in his Letters into England to load his two Grandfathers vvith all the former aspertions his years and duty then tying him more to obedience then truth but that he vvas a man and himself now that mutuall danger vvould give assurance vvhere otherwise single faith might be mistrusted France vvas in it self by addition of Britany more potent than ever this man had rejoyned to it some important pieces in Italy and should his greatness grow larger up by accession of the Imperiall Crown how easie vvere it to effect indeed what he had fashioned in Fancy the Monarchy of Europe As for the young Lady who was like to lose her husband if Henry the eighth incline to this Counsell and assist Castile in pursute of the Emperor he was contented for Loisia of France espoused to him by the Treaty at Noyon was now dead to make up the loss of the Lady Mary by his own Marriage with her a match fitter in years for the Dolphin was an infant as great in dignity for he was a King and might by the assistance of her father be greater in being Emperor Thus was Henry the eighth by fears and hopes turned about again and Pacy forthwith sent to the Electors with instructions money who so wrought that Charles was in July chosen Emperor and that it was by the sole work of Henry the eighth himself by Letters under his hand acknowledged From Aquisgrave he commeth Crowned the next year for England weddeth at Winsor the Lady Mary concludeth by league the invasion of France and to divide it with Henry the eighth by the River of Rodon making oath at the high Altar at Pauls for performance of both those Treaties Hereupon France is entred by the Eng●ish army and Burbon wrought from his Allegiance by a disguised promise of this Emperor of Elianor his Sister for wife to raise forces against his Master which he did but was paid by the English King The French King to carry the wars from his own doors maketh towards Milan whereby Burbon and his forces were drawn out of Province to guard the Imperialls in Italy At Pavie they met and the French King was taken prisoner and forthwith transported into Spain where at Madrid the Emperor forced his consent to that Treaty whereby he gained Burgundy and many portions in the Netherlands leaving Henry the eighth who had born the greatest charge of all that Warre not only there unsaved but calling a Parliament at Toledo taketh by assignment of his States Isabella of Portugall to wife procuring from Pope Clement a Bull to absolve him of his former oaths and Marriage working not long after by Ferdinandus his Chaplain the Earl of Desmond to Rebell in Ireland and James the fifth of
to make the Body a Stranger to Pain both in taking from it the Occasion of Diseases and making the outward Inconveniences of VVant as Hunger and Cold if not delightful at least suffareble Fr. Walsingham A Brief DISCOURSE Concerning the Power of the PEERES AND COMMONS OF PARLIAMENT In point of JUDICATURE Written by Sir Robert Cotton at the request of a Peer of this REALM LONDON Printed in the Year 1672. A Brief DISCOURSE Concerning the POWER Of the PEERS c. SIR To give you as short an accompt of your desire as I can I must crave leave to lay you as a ground the frame or first model of this State When after the Period of the Saxon time Harold had lifted himself into the Royal Seat the great Men to whom but lately he was no more than equal either in fortune or power disdaining this Act of Arrogancy called in William then Duke of Normandy a Prince more active than any in these Western Parts and renowned for many Victories he had fortunately atchieved against the French King then the most potent Monarch of Europe This Duke led along with him to this work of Glory many of the younger Sons of the best Families of Normandy Picardy and Flanders who as Undertakers accompanied the Undertaking of this fortunate Man The Usurper slain and the Crown by War gained To secure Certain to his Posterity what he had so suddenly gotten he shared out his purchase retaining in each County a portion to support the Dignity Soveraign which was stiled Domenia Regni now the antient Demeans And assigning to others his Adventurers such portions as suited to their quality and expence retaining to himself dependency of their personal service except such Lands as in free Alms were the portion of the Church these were stiled Barones Regis the Kings immediate Free-holders for the word Baro imported then no more As the King to these so these to their followers sub-divided part of their shares into Knights Fees and their Tenants were called Barones Comites or the like for we find as the Kings write in their Writs Baronibus suis Francois Anglois the Soveraigns Gifts for the most part extending to whole Counties or Hundreds an Earl being Lord of the one and a Baron of the inferiour Donations to Lords of Townships or Mannors AS thus the Land so was all course of Judicature divided even from the meanest to the highest portion each several had his Court of Law preserving still the manner of our Ancestors the Saxons who jura per pagos reddebant and these are still termed Court Barons or the Freeholders Court twelve usually in number who with the Thame or chief Lord were Judges The Hundred was next where the Hundredus or Aldermanus Lord of the Hundred with the chief Lords of each Township within their limits judged Gods People observed this form in the publique Centuriones Decani judicabant plebem onni tempore The County or generale placitum was the next This was so to supply the defect or remedy the Corruption of the Inferiour Vbi Curiae Dominarum probantur defecisse pertinent ad Vicecomitem Provinciarum The Judges here were Comitos Vicecomites Barones Comitatus qui liberas in eo terras h●bent The last and supream and proper to our question was Gener ale Placitum apud London Vniversalis Synodus in Charters of the Conqueror Capitalis Curia by Glanvile Magnum Commune consilium coram Rege Magnatibus suis In the Rolls of Hen. the third it is not stative but summoned by Proclamation Edicitur generale placitum apud London saith the Book of Abingdon whither episcopi Duces Principes Satrapae Rectores Causidici ex omni parte confluxerunt ad istan Curiam saith Glanville Causes were referred propter aliquam dubitationem quae emergit in Conitatu cum Comitatus nescit dijudicare Thus did Ethelweld Bishop of Winton transfer his Suit against Leoftine from the County ●d generale placitum in the time of King Ethildred Queen Edgin against Goda from the County appealed to King Etheldred at London Congregatis principibus sapientibus Aogliae A Suit between the Bishops of Winton and Durham in the time of Saint Edward Coram Episcopis Principibus Regni in praesfentia Regis ventilata finita In the 10. year of the Conqueror Episcopi Comites Barones Regia potestate e diversis Provinciis ad universalem Synodum pro causis audiendis tractandis convocati saith the Book of Westminster and this continued all along in the succeeding Kings Reigns until towards the end of Henry the third As this great Court or Councel consisting of the King and Barons ruled the great affairs of State and controlled all inferiour Courts so were there certain Officers whose transcendent power seemed to be set to bound in the execution of Princes Wills as the Steward Constable and Marshal fixed upon Families in Fee for many Ages They as Tribunes of the People or Ephori amongst the Athenians grown by an unmannerly Carriage fearful to Monarchy fell at the Feet and mercy of the King when the daring Earl of Leicester was slain at Eversham This Chance and the dear experience Henry the third himself had made at the Parliament at Oxford in the 40. year of his Reign and the memory of the many streights his Father was driven unto especially at Runny-mead near Stanes brought this King wisely to begin what his Successors fortunately finished in lessening the strength and power of his great Lords And this was wrought by searching into the Regality they had usurped over their peculiar Soveraigns whereby they were as the Book at St. Albans tearmeth them Quot Domini tot Tyranni and by weakening that hand of power which they carried in the Parliaments by commanding the service of many Knights Citizens and Burgesses to that great Councel Now began the frequent sending of Writs to the Commons their assents not only used in Money Charge and making Laws for before all Ordinances passed by the King and Peers but their consent in Judgements of all natures whether Civil or Criminal In proof whereof I will produce some few succeeding Presidents out of Record When Adomar that proud Prelate of Winchester the Kings half Brother had grieved the State with his daring power he was exised by joynt sentence of the King the Lords and Commons and this appeareth expresly by the Letter sent by Pope Alexander the fourth expostulating a revocation of him from Banishment because he was a Church-man and so not subject to Lay Censures In this the Answer is Si Dominus Rex Regni majores hoc vellent meaning his revocation Communitas tamen ipsius ingressum in Angliam jam nullatenus sustineret The Peers subsign this Answer with their names and Petrus de Montford vice totius Communitatis as Speaker or Proctor of the Commons For by this stile Sir J. Tiptoft Prolocutor affirmeth under his Arms the Deed of
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