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
Scotland by promise of Marriage with his Neece the daughter of Denmarke to whom he likewise sent Munition and money to busie Henry the eighth at home that he might be the less able to requite these indignities he had so done him And to shew that his ambition was more than his piety he Ordered by instructions first the Duke of Burbon and after Hugo de Monsado to surprise Rome and the Pope sending Angelo an observant Frier thither whom he had assigned to the Papall Throne intending to reduce the choise of the See from the Cardinals again to the Empire and there to set up a first Monarchy But his design by a needfull confederacy as now of the Pope French King Princes of Italy and others vvith Henry the eighth vvho vvas made Caput faedoris vvas to the safety of all Christian Princes prevented happily and he himself reforced at Cambray in the year one thousand five hundred twenty and nine to re-deliver the French King and many pieces of that Crown he had vvrested avvay by the Treaty of Madrid and to sit dovvn vvith moderate and fair conditions against his vvill His vvaking Ambition vvould not long let him rest but again he plotteth to break the knot betvveen the French and English Kings To vvork this he assureth by contract his assistance in furtherance of Henry the eighths Title to France and to make the greater belief offereth a marriage to the Lady Mary so she might be declared again Legitimate Henry the eighth accordeth vvith him and advanceth his Army into France vvhere he had no sooner recovered Bulleyn but the Emperor catching advantage on the French Kings necessities falleth off from his former faith and promise making up a peace perpetuall vvith France vvhereby all claim from the Crovvn of Arragon Naples Flanders Arras Gelders and other parts vvas released and mutuall confederation for restitution of the Catholick Religion concluded betvvixt them both Edward the sixth succeeding his Father forbears all Treaties vvith Spain but those of intercourse persisting as formerly in union vvith the Princes of Germany and his other Allies preventing those expences and dangers vvhich his Fathers belief and confidence of Spain had tasted of before His Sister and Successor Mary entertaining that fatall Amity vvith the Emperour and his sonne by Marriage embarqued her Estate in a dangerous vvarre vvhereby the Realm vvas much impoverished and Callice lost Her Sister of happy memory succeeding made up that breach by that three-fold Treaty at Cambray 1558. Where King Philip as bound in honour stood bound for aid in Recovery of Calice But his ovvn ends by that Convocation served he left her after to vvork out her safety her self alone yet fearing that a Union of France and your Realms in the person of your most vertuous Mother then married into France he under a seigned pretence of Marriage vvrought by Caraffa and his Faction of other Cardinalls a stay of the Popes Declaration against the Queen of England more his own fears than his love procuring it Yet the Princely disposition of this Noble Lady taking those pretences for reall favours was not wanting both with her Counsell and Purse for she imployed many of her ablest Ministers to mediate and disbursed upon the assurance of Brabant and the good Towns of Flanders whose bonds are yet extant for reduction of those Provinces to his obedience one hundred and fifty thousand pounds But when she found his aim to be the violating of their ancient liberties and in it saw her own danger involved her Counsell advised her not to leave the assistance of those People France and those other Princes that lay as her self in danger to be swallowed up in his ambitious ends who when he intended the Conquest of her Estate to blind her with security presented by Carlo Lanfranco and the Prince of Parma a Proposition of Peace graced with as many Arguments of honest meaning as his Progenitors had used to her Father which she accepted but not without a prudent suspition For when the Treaty was in height the brought his invincible Navy to invade the Realm the success whereof was answerable to his Faith and Honor She left not that injury without Revenge but forced him in his after Raign to that extremity that he was driven to break all faith with those Princes that trusted him and paid for one years Interest about twenty five thousand Millions of Crowns So lovv and desperate in Fortunes your Highness found him when to all our comforts you took this Crown Then from the abundant goodness of your peaceable Nature you were pleased to begin your happy Raign with general quiet and with Spain the first which should have wrought in noble Natures a more gratefull Recompence than after followed For long it was not before Tyrone was heartned to rebell against your Highness and flying had pension at Rome paid him from the Spanish Agent His son Odonell Tirconell and others your chiefest Rebells retained ever since in Grace and Pay with the Arch-dutchess at Spains devotion As soon as your eldest Son of holy memory now with God was fit for marriage they began these old disguises by which before they had thriven so well c. Twenty Four ARGUMENTS Whether it be more expedient to suppress POPISH PRACTISES Against the due ALLEGEANCE OF HIS MAJESTY By the Strict Executions touching Jesuits and Seminary Priests OR To restrain them to Close Prisons during life if no Reformation follow Written by Sir Robert Cotton Knight and Baronet LONDON Printed in the Year 1672. Twenty four ARGUMENTS Whether it be more expedient to suppress POPISH PRACTISES Against the due ALLEGEANCE To His MAJESTY By the Strict Execution touching Jesuits and Seminary Priests c. I Am not ignorant that this latter age hath brought forth a swarm of busie heads which measure the great Mysteries of State by the rule of their self-conceited wisdomes but if they would consider that the Commonwealth governed by grave Counsellors is like unto a Ship directed by a skilfull Pilot vvhom the necessities of occasions and grounds of reason vvhy he steereth to this or that point of the Compass are better knovvn then to those that stand a loof off they vvould perhaps be more sparing if not more vvary in their resolutions For my ovvn particular I must confess that I am naturally too much inclined to his opinion vvho once said Qui bene latuit bene vixit and freshly calling to mind the saying of Functius to his Friend at the hour of his untimely death Disce meo exemplo mandato munere fungi Et fuge seu pestem I could easily forbeare to make my hand-vvriting the Record of my opinion vvhich nevertheless I protest to maintain rather deliberatively than by the vvay of a conclusive assertion therefore vvithout vvasting precious time any longer vvith needless Prologues I vvill briefly set dovvn the question in the terms follovving viz. Whâ—ther it be more
fear of some disorder likely to ensue of this information if it be not aforehand taken up by a fair legal tryal in that High Court Neither want there fearful examples in this kind in the Ambassadors Genoa upon a far less ground in the time of Parliament and is house demolished by such a seditious tumult The Parliament therefore as well to secure his Lordships person followers and friends from such outrages to preserve the honour of the State which needs must suffer blemish in such misfortunes they were sent thither to require a fair discovery of the ground that led his Lordship so to inform the King that they might so thereupon provide in Justice and Honor and that the reverence they bear unto the dignity of his Master may appear the more by the mannerly carriage of his Message The two that are never imployed but to the King alone were at this time sent and that if by negligence of this fair acceptance there should happen out any such disaster and danger the World and they must justly judge as his own fault If upon the delivery of this Message the Ambassador shall tell his charge and discover his intelligence then there will be a plaine ground for the Parliament to proceed in Examination and Judgment But if as I believe he will refuse it then is he Author Scandali both by the Common and Civil Laws of this Realm and the Parliament may adjudge it false and untrue and declare by a public Act the Prince and your Grace innocent as was that of the Duke of Gloucester 2 Rich. 2. and of York in Henry the sixth his time then may the Parliament joyntly become Petitioners to his Majesty first to confine his Ambasiador to his house restraining his departure until his Majesty be acquainted with his offence and aswell for security as for further practice to put a Guard upon the place and to make a Proclamation that none of the Kings Subjects shall repair to his house without express leave And to send withal a Letter with all speed of complaint against him to the King of Spaine together with a Declaration under the Seals of all the Nobility and Speaker of the Commons in their names as was 44 Hen. 3. to the Pope against his Legat and 28 Edw. 1. Requiring such Justice to be done in this case as by the Leagues of Amity and Law of Nations is usual which if the King of Spain refuse or delay then it it Transactio Criminis upon himself and an absolution of all Amity and friendly intelligence and amounts to no less then a War denounced Thus have I by your leave and command delivered my poor opinion and ever will be ready to do your Grace the best service when you please to command it THAT THE KINGS OF ENGLAND Have been pleased usually to consult with their Peers in the Great Councel and Commons in Parliament of Marriage Peace and War Written by Sir Robert Cotton Knight and Baronet Anno 1621. LONDON Printed in the Year 1672. That the Kings of England have been pleased usually to consult with their Peers in the Great COUNCIL c. TO search so high as the Norman Conquest it is necessary to lay down the form and Government of those times wherein the state of affairs then lead in another form of publick Councels for the people brought under by the Sword of William and his followers to subjected vassallage could not possess in such assemblies the right of their former liberties division and power having mastered them and none of their old Nobility being left either of credit or fortune what he retained not in providence as the Demesnes of the Crown or reserved not in piety for the maintenance of the Church he parted to those Strangers that sailed along with him in the Bark of his adventure leaving the Natives for the most part as appeareth by his survey in no better condition then Villenage He moulded their Customs to the manner of his own Country and forbore to grant the Laws of the Holy Edward so often called for To supply his occasions of men mony or provisions he Ordered that all those that enjoyed any fruit of his Conquest should hold their lands proportionably by so many Knights fees of the Crown and admitted them to infeoff their followers with such part as they pleased of their own portions which to ease their charge they did in his and his Sons time by two infeoffments the one de novo the other de veteri This course provided him the body of his War the money and provision was by Hydage assessed on the common people at the consent of their Lords who held in all their Signiories such right of regality that to their Vassals as Paris saith quot Domini tot Tyranni and proved to the King so great a curb and restraint of power that nothing fell into the care of Majesty after more then to retrench the force of this Aristocracy that was like in time to strangle the Monarchy Though others foresaw the mischief betimes yet none attempted the remedy until King John whose over hasty undertakings brought in those broyls of the Barons Wars There needed not before this care to advise with the Commons in any publick assemblies when every man in England by tenure held himself to his great Lords will whose presence was ever required in those Great Councels and in whose assent his dependent Tenants consent was ever included Before this Kings time then we seek in vain for any Councel called he first as may be gathered though darkly by the Record used their Counsels and assents in the sixth year of his Raign Here is the first summons in Records to the Peers or Barons Tractaturi de magnis arduis negotiis it was about a War of defence against the French And that the Commons were admitted at this time may be fitly gathered by this Ordinance viz. Provisum est assensu Archiepiscoporum Comitum Baronum omnium fidelium nostrorum Angliae quod novem militis per Angliam inveniend decimarum c. and this was directed to all the Sheriffs in England the ancient use in publishing Laws From this there is a breach until the 18 Hen. 3. where the next summons extant is in a Plea Roll of that year but the Ordinances are lost From hence the Records afford us no light until the 49 of the same King where then the forme of summons to Bishops Lords Knights and Burgesses are much in manner though not in matter to those of our times This Parliament was called to advise with the King pro pace assecuranda firmanda they are the words of the Writ and where advice is required consutation must needs be admitted To this King succeeded Edward his Son a wise a just and fortunate Prince his Raign and so long to the fourth of his Grandchild we have no light of publick
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
Desiderius Luitprandus and the Mother Church discontinued amongst the Lombards as soon as they grew Civilized in Italy yet it continued till of late with us as a mark of our longer barbarisme Neither would we in this obey the See of Rome to which we were in many respects observant children which for that in the Duell Condemnandus saepe abslovitur quia Deus tentatur decreed so often and streightly against it In England this single Combat was either granted the party by license extra-judiciall or legall process The first was ever from the King as a chief flower of his Imperiall Crown and it was for exercise of Arms especially Thus did Richard 1. give leave for Tournaments in five places in England inter Sarum Winton inter Stamford Wallingford c. ita quod pax terrae nostrae non infringetur nec potestas justiciara minorabitur For performance whereof as likewise to pay unto the King according to their qualities or degrees a sum of money proportionable and that of a good value and advantage to the Crown they take a solemn Oath The like I find in 20 E. 1. and 18 E. 3. granted Viris militaribus Comitatus Lincoln to hold a Just there every year Richard Redman and his three Companions in Arms had the licence of Rich. 2. Hastiludere cum Willielmo Halberton cum tribus sociis suis apud Civitat Carliol The like did H. 4. to John de Gray and of this sort I find in records examples plentifull Yet did Pope Alexand. the fourth following also the steps of his Predecessors Innocentius Eugenius prohibit throughout all Christendome Detestabiles nundinas vel ferias quas vulgo Torniamenta vocant in quibus Milites convenire solent ad oftentationem virium suaram audaciae unde mortes hominum pericula animarum saepe conveniunt And therefore did Gregory the tenth send to Edward the first his Bull pro subtrahenda Regis praesentia à Torniamentis à partibus Franciae as from a spectacle altogether in a Christian Prince unlawfull For Gladiatorum sceleribus non minus cruore profunditur qui spectat quà m ille qui facit saith Lactantius And Quid inhumanius quid acerbius dici potest saith Saint Cyprian then when homo occiditurs in voluptatem hominis ut quis possit occidere peritia est usus est ars est Scelus non tantùm geritur sed docetur Disciplina est ut primere quis possit Gloria quòd periunt And therefore great Canstantine as a fruit of his conversion which Honorius his Christian successor did confirme established this edict Cruenta spectacula in otio civili domesticâ quiete non placent quapropter omninò Gladiatores esse prohibemus And the permission here amongst us no doubt is not the least encouragement from foolish confidence of Skill of so many private quarrells undertaken Combats permitted by Law are either in causes Criminal or Civil as in appeals of Treason and then out of the Court of the Consâ—able and Marshal as that between Essex and Montford in the raign of Henry the first for forsaking the Kings Standard That between Audley and Chatterton for betraying the fort of Saint Salviours in Constant the eighth year of Richard the second And that of Bartram de Vsano and John Bulmer coram Constabulario Mariscallo Angliae de verbis proditoris Anno 9. H. 4. The form hereof appeareth in the Plea Rolls Anno 22. E. 1. in the case of Vessey And in the Book of the Marshals Office in the Chapter Modus faciendi Duellum coram Rege In Appeals of Murther or Robbery the Combat is granted out of the Court of the Kings Bench. The Presidents are often in the books of Law and the form may be gathered out of Bracton and the printed Reports of E. 3. and H. 4. All being an inhibition of the Norman Customes as appeareth in the 68th chapter of their Customary from whence we seem to have brought it And thus far of Combats in Cases Criminall In Cases Civill it is granted either for Title of Arms out of the Marshals Court as between Richard Scroop and Sir Robert Grosvenor Citsilt and others Or for Title of Lands by a Writ of Right in the Common-Pleas the experience whereof hath been of late as in the Case of Paramour and is often before found in our printed Reports where the manner of darraigning Battail is likewise as 1 H. 6. and 13 Eliz. in the L. Dyer expressed To this may be added though beyond the Cognisance of the Common Law that which hath in it the best pretext of Combat which is the saving of Christian â—loud by deciding in single fight that which would be otherwise the effect of publick War Such were the Offers of R. 1. E. 3. and R. 2. to try their right with the French King body to body and so was that between Charles of Arragon and Peter of Terracone for the Isle of Sitilie which by allowance of Pope Martin the 4th and the Colledge of Cardinalls was agreed to be fought at Burdeux in Aquitain Wherein under favour he digressed far from the steps of his Predecessors Eugenius Innocentius and Alexander and was no pattern to the next of his name who was so far from approving the Combat between the Dukes of Burgundy and Glocester as that he did inhibit it by his Bull declaring therein that it was Detestabile genus pugnoe omni divino humano jure damnatum fidelibus interdictum And he did wonder and grieve quod ira ambitio vel cupiditas honoris humani ipsos Duces immemores faceret Legis Domini salutis aeternae qua privatus esset quicunque in tali pugna decederat Nam saepe compertum est superatum fovere justitiam Et quomodo existimare quisquam potest rectum judicium ex Duello in quo immicus Veritatis Diabolus dominatur And thus far Combates which by the Law of the Land or leave of the Soveraign have any Warrant It rests to instance out of a few Records what the Kings of England out of Regal Prerogative have done either in restraint of Martial exercises or private quarrels or in determining them when they were undertaken And to shew out of the Registers of former times which what eye the Law and Justice of the State did look upon that Subject that durst assume otherwise the Sword or Sceptre into his own hand The restraint of Tournaments by Proclamation is so usuall that I need to repeat for form sake but one of many The first Edward renowned both for his Wisedome and Fortune Publice fecit proclamari firmiter inhiberi ne quis sub forisfactura terrarum omnium tenementorum torneare bordeare justas facere aventuras quaerere seu alias ad arma ire praesumat sine Licentia Regis speciali By Proclamation R. 2. forbad any
to condemn good Counsels if the event prove not Fortunate lest many be animated to advise rashly and others disheartned to Counsell gravely Illi mors gravis incubat qui notus nimis omnibus ignotus moritur sibi August 11. Anno Domini 1613. THE MANNER AND MEANES HOW THE KINGS ENGLAND Have from time to time SUPPORTED And repaired their ESTATES Written by Sir ROB. COTTON Knight and Barronet Anno nono Jacobi Regis Annoque Domini 1609. LONDON Printed in the Year 1672. The Manner and Means how the KINGS OF ENGLAND Have from time to time SVPPORTED AND REPAIRED THEIR ESTATES THe Kings of England have supported and repaired their Estates First by an Annual proportioning their Issues and Expences with their certain and Casual Revenues And that either by Advice of their PRIVIE COVNCEL or by PARLIAMENT Secondly by abating and reforming the Excess of houshold c. Thirdly by raising of Money and improving the Revenues of the Crown First for proportioning of the Issues c. Henry 4. Anno 12. When the Revenue and profits of the Kingdome together with the Subsidy of Wool and Tenth of the C lLergie amounted to no more then 48000l of which 24000 marks were alotted for expence of House most of the rest to the Guard of the Sea and defence of this Kingdome the Realme of Ireland and Dominions in France In this estimate the profits by Wards and Marriage was but 1000 l. And then an Ordinance was made by the King Prince and all His Counsel there named in the Roll. The like was Anno 11. when for the charge of house was appointed 16000 l. and 7000l to the City of London in discharge of the Kings debt to them Henry 5 Anno 2. did the like as his Father entring upon the Roll as an Ordinance in future that the Treasurer of England or the Exchequer shall Annually make declaration of the state of their Office and the Revenue of the Realme together with the charge of the Kings House Chamber Wardrobe Garrisons Navy and Debts Anno 3. Henry 5. the like Assignments were made proportionable to the Revenue which in the great Custome of Woolls the petty Custome Tunnage and Poundage revenue of Wales and the Dutchie of Cornwall the Hamper the accounts of Sheriffs Escheators the Exchange of Bullion and the benefit of Wards and Marriage then rated at but one thousand marks apiece rose not to above 56966. l. And being at such time as he undertook the Conquest of France Anno 9. Henry 5. the revenue of the Kingdome amounting to 55743. l. 10. s. 10. d. was so by the King with advise of his Counsel ordered as before And by this Record it appeareth that that Clerks of the Navy and not the Treasurer was the Officer only for that place Henry 6. anno 12. in Parliament Cromwell then Treasurer delivering up an Account of the Exitus and introitus of the Exchequer setled the Estate of his expence of which there was allowed for his house 16978. l. and to his Chamber and Wardrobe 2000 l. The rest to defray the debts and necessary occasions of the State Queen Elizabeth anno 12. At which time besides the Wards and Dutchy of Lancaster the profit of the Kingdome was 188197. l. 4. s. the payments and assignments 110612. l. 13. s. of which the Houshold was 40000. l. privy Purse 2000.l Admiralty 30000. l. which by an estimate 1. May anno 1604. was 40000. l. And is now swolne to near 50000l yearly by the errour and abuse of Officers SEcondly by abating and reforming the Excess 1. Of Houshold 2. Of Retinue and Favorites 3. Of Gifts and Rewards First for abating and reforming the Excess of Houshold either by Parliament or Councel Table 1. By Parliament Anno 3. Edward 2. An Ordinance was made prohospitio Regis in ease of the people oppressed with Purveyance by reason of the greatness thereof and the motive of that ordination was A l'honneur de Dieu et a honneur et profit de sainct Eglise et a l'honnâ—ur de Roy et a son profit et au profit de son peuple selon droit et resonel serment que le dist nostre Signeur le Roy fist a son Coronement And about this time was the King's house new formed and every Officer limited his charge and salary Anno 36. Edward 3. the houshold was reformed at the petition of the People Anno primo Richard 2. the houshold was brought to such moderation of expence as may be answerable to the revenues of the Crown And a Commission granted at the Petition of the Commons to survey and abate the houshold which not taking desired effect Anno 5. the Commons petition that the excessive number of menial servants may be remedied or otherwise the Realm will be utterly undone and that his houshold might not exceed the ordinary revenues of the Realm Anno 4. Henry 4. The People crave a reformation of the Kings house And Anno 7. that he would dismiss some number of the retinue since it was now more chargeable but less honourable then his progenitors and that the Antient Ordinances of the houshold in ease of the people might be kept and the Officers of the houshold sworn to put the ordinances and statutes in due execution and so consider the just greifs of his subjects by unjust Purveyance contrary to the statute That hereafter vous poiez vivre le voz biens propres en ease de vostre peuple which the King willingly doth as appeareth by an ordination in Councel whereby the charge of the houshold is limited to 16000 Markes Annis 12. 18. Henry 6. The charge of the Kings house is reduced to a certainty and lessened by petition and order in Parliament Anno 12. Edward 4. The King promiseth to abate his houshold and hereafter to live upon his own So setling a new forms his Court which is extant in many hands intuled Ordinations for the Kings house And to ease the charge of the Kings house the Queens have allowed a portion of their joynture suting to their own expence to the Treasurer of the houshold Thus did Philip the wife of Edward 3. and likewise Henry 4. wife anno 7. And Henry 6. wife allowed 2000. l. a year out of her Estate 2. Excess of the houshold abated and reformed by the Councel-Table Edward 2. caused his houshold to be certain in allowances making thereof a book by way of ordinance which is called Aul. Regis Henry 4. causeth his Son the Prince and the rest of his Councel to ordain such moderate governance of his house that may continue au plaisir de Dieu et du peuple Henry 6. anno 27. reduced his charge of house to 12000. l. whereof 2000. l. was out of the Queens joynture Edw. 4. anno duodecimo reformeth it again and publisheth a book of orders for their better direction
great Debts high Engagements and present wants The noise whereof I wish may ever rest inclosed within these Walls For what an incouragement it may be to our Enemies and a disheartning to our Friends I cannot tell The danger of those if any they have been the cause is great and fearful It was no small motive to the Parliament in the time of Henry 3. to banish the Kings half-Brethren for procuring to themselves so large proportion of Crown Lands Gavâ—ston and Spencer for doing the like for themselves and their followers in Edward the 2. time and the Lady Vâ—ssy for procuring the like for her Brother Beaumont was banished the Court. Michael de la Poole was condemned the 20. of Richard 2. in Parliament amongst other Crimes for procuring Lands and Pensions from the King and having imployed the Subsidies to other ends then the grant intended His Grand-Child William Duke of Suffolk for the like was censured 28. Henry 6. The great Bishop of Winchester 50. Edward 3. was put upon the Kings mercy by Parliament for wasting in time of Peace the Revenues of the Crown and gifts of the People to the yearly oppression of the Common-VVealth Offences of this Nature were urged to the ruining of the Last Duke of Somerset in Edward 6. time More fearful Examples may be found too frequent in Records Such Improvidence and ill Council led Henry the third into so great a strait as after he had pawned some part of his Forreign Territories broke up his House and sought his Diet at Abbies and Religious houses ingaged not onely his own Iewels but those of the Shrine of Saint Edward at Westminster he was in the end not content but constrained to lay to pawne as some of his Successors after did Magnam Coronam Angliae the Crown of England To draw you out to life the Image of former Kings extremities I will tell you what I found since this Assembly at Oxford written by a Reverend man twice Vice-Chancellour of this place his name was Gascoign a man that saw the Tragedy of De la Poole He tells you that the Revenues of the Crown were so Rent away by ill Councel that the King was inforced to live de Tallagiis Populi That the King was grown in debt quinque centena millia librarum That his great Favourite in treating of a Forrieign Marriage had lost his Master a Forreign Dutchie That to work his ends he had caused the King to adjourn the Parliament in Villis remoti partibus Regni where few People propter dâ—fectum hospitii victualium could attend and by shifting that assembly from place to place to inform I will use the Authors words illos paucos qui remanebunt de Communitate Regin concedere Regi quamvispessima VVhen the Parliament endeavoured by an Act of Resumption the just and frequent way to repair the languishing State of the Crown for all from Henry 3. but one till the 6. of Henrry 8. have used it this great man told the King it was ad dedecus Regis and forced him from it To which the Commons answered although vexati laboribus expensis Quod nunquam concederent taxam Regi until by authority of Parliament râ—suâ—eret actualiter omnia pâ—rtinentia Coronae Anglioe And that it was magis ad dedecus Regis to leave so many poor men in intolerable VVant to whom the King stood then indebtad Yet nought could all good Councel work until by Parliament that bad great man was banished which was no sooner done but an Act of Resumption followed the inrollment of the Act of his Exilement That was a speeding Article against the Bishop of Winchester and his Brother in the time of Edward 3. that they had ingrossed the person of the King from his other Lords It was not forgotten against Gaveston and the Spencers in Edward 2. time The unhappy Ministers of Richard 2. Henry 6. and Edward 6. felt the weight to their Ruine of the like Errors I hope we shall not complain in Parliament again of such I am glad we have neither just cause or undutiful dispositions to appoint the King a Councel to redress those Errors in Parliament as those of the 42. H. 3. We do not desire as 5. H. 4. or 29. H. 6. the removing from about the King of evil Councellors We do not request a choise by name as 14. E. 3. 3. 5. 11. R. 2. 8. H. 4. or 31. H. 6. nor to swear them in Parliament as 35 E. 1. 9. E. 2. or 5. R. 2. or to line them out their directions of rule as 43. H. 3. and 8. H. 6. or desire that which H. 3. did promise in his 42. year se actâ—oâ—nia per assensum Magnatum de Concilio suo electorum sine eor assensu nihil We only in loyal duty offer up our humble desires that since his Majesty hath with advised Judgement elected so wise religious worthy Servants to attend him in that high imployemnt he will be pleased to advise with them together a way of remedy for those disasters in State led in by long security and happy peace and not with young and single Councel A SPEECH Made by Sir ROB. COTTON Knight and Baronet before the Lords of his Majesties most Honourable PRIVYCOVNCEL At the Councel Table being thither called to deliver his Opinion touching The ALTERATION OF COYNE 2. Sept. Annoque Regni Regis Caroli 2. LONDON Printed in the Year 1672 A SPEECH Touching the ALTERATION OF COYNE My LORDS SInce it hath pleased this Honourable Table to command amongst others my poor Opinion concerning this weighty Proposition of money I must humbly ctave pardon if with that Freedome that becomes my duty to my good and gratious Master and my obedience to your great command I deliver it so up I cannot my good Lords but assuredly conceive that this intended Project of enhauncing the Coyne will trench both into the Honour the Justice and the Profit of my Royal Master very farre All Estates do stand Mag is Famâ quam Vi as Tacitus saith of Rome and Wealth in every Kingdome is one of the Essential marks of their Greatness and that is best expressed in the Measure and Puritie of their Monies Hence was it that so lohg as the Roman Empire a Pattern of best Government held up their Glory and Greatness they ever maintained with little or no charge the Standard of their Coine But after the loose times of Commodus had led in Need by Excess and so that Shift of Changing the Standard the Majesty of that Empire fell by degrees And as Vopiscus saith the steps by which that State descended were visibly known most by the gradual alteration of their Coine And there is no surer Symptome of a Consumption in State then the corruption in money What renown is left to the Posterity of Edward the first in amending the Standard both in purity and weight from that of elder and more barbarous times must stick
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