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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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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 serm●s terres que mesme lour Leeige auroit ●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
Abbots Earls and chief Nobility of the Kingdom present for so are the words of the Records the cause between Arsast Bishop of Norway and Baldwyne Abbot of Bury was also argued Et ventilata in publica jubet Rex teneri Judicium Causis auditis Amhorum The diligence of his Son the Learned Henry the first in executing of this part of his kingly function is commended to posterity by Walter Mape a Learned man trained up and in favour with Henry the second in these words Omnia Regali more moderamine faciebat neminem volebat agere justitia vel pace Constituerat autem ad tranquilitatem omnium ut diebus vacationis vel in domo magna subsidio copiam sui faceret usque ad horam sextam which was till twelve as we now accompt secum habens Comites Baronet Proceres Vavasores to hear and determine causes whereby he attained the surname of Leo Justitiae in all stories and so out-went in quiet guidance of the State his best progenitors The next of his name that succeeded is remembred every where for his debates and his disputes he had in person with Thomas the Archbishop and others of his part at the great Counsels both at London Clarendon and Northampton for redress of the many complaints of the Commons against the outrages and extortions of the Clergy one thousand five hundred and fifty seven Die Penticostis apud sanctum Edmundum the same King Diademate Insignitus with the Bishops Abbots Earls and Barons of the Kingdome sate daily himself and heard all the debates concerning the Liberties and Charters of Battle Abbey The interlocutory Speeches as well of the King as Lords and parties are at full related in a Register of that Church The sute between the Church of Lincolne and Saint Albanes in praesentia Regis Henry Archepiscop Episcop omnium Angliae Comitum Baronum Regni was at Westminster debated and ended And had alone of memory and truth been a protector of the publick Records of the State as awe of the Clergies sensure was a guard to theirs in tempestuous times we had not been now left to the only friendship of Monkes diligence for example in this kind At Lincolne the Archbishops some Bishops but all the Earles and Barons of the Realme una Cum Rege Johanne Congregati ad colloquium de concordia Regis Scotiae saith the Register of that Church This use under King Henry the third needeth no further proofe than the Writ of summons then framed expressing that Kings mind and practise It is Nobiscum Praelatis Magnatibus nostris quos vocari fecimus super praemissis tractare Consilium impendere which word Nobiscum implieth plainely the Kings presence what the succeeding practise was from the fifteenth year of the second Edward the proper Records of this inquiry the Journall Books being lost I am enforced to draw from out the Rolls of Acts wherein sometimes by chance they are remembred Edward the second was present in Parliament in the fifteenth year of his Raigne at the complaint against the Spencers and at the second Parliament that year for the repeale of that banishment In the fourth of Edward the third the King was present at the accusation of Roger Mortimer but not at the Tryall And the next year in the treaty of the French affaires In the sixth year Intererat Rex in Causa Johannis de Gray Willielmi de Zous The same year the second day in Parliament the King was present at the debate about his Voyage into Scotland In the fifteenth year the King in the Painted Chamber sitting with the Lords in consultation the Archbishop after pardon prayed that for better clearing himself he might be tryed in full Parliament by his Peers which was granted In the seventeenth in Camera Alba now the Court of requests Rex cum magnatibus conveniunt Communes super negotiis Regni In the tenth of Richard the second the King departed from the Parliament in some discontent when after some time Lords are sent to pray his presence and informe his Majesty that if he forbear his presence amongst them fourty dayes that then Ex antiquo Statuto they may returne absque do●igerio Regis to their severall homes Henry the fourth began his first Parliament the first of November and was the twenty seventh of the same moneth at a debate about the Duke of Brittany the thirtieth day the Cause of the Archbishop of Canterbury was before him proposed only The third of November he was at the debate whether the Commons had right of Judicature yea or no. On the tenth he was with the Lords in their consultation about the expedition against the Scots the creation of the Duke of Lancaster and prohibition of a new sect for entring his Kingdom Some Ordinances were at this time consulted of before him about the staple and the sentence against Haxey after dispute revoked This King began his second Parliament the twentieth of January and on the ninth of February was present to make agreement betwixt the Bishop of Norwich and Thomas of Erpingham On the twentieth day of the same moneth he was present at Counsell for repressing the Welch Rebells for revocation of stipends and concerning the Priors Aliens On the 26. they advise before the King of the Cistertians order On the second of March of the Statute of Provisions the Keeper of the privy Seal of relieving the two Universities And on the ninth of March they mediate before the King a reconciliation betwixt the Earl of Rutland and the Lord Fitzwater He also began a Parliament in the fifth year upon the fifteenth of January and on the twentieth they advise before the King of guarding the Seas and the Welsh rebellion On the eighth of February the Earl of Northumberland is charged before the King and in his presence and by his permission divers of whom he knew no harme were removed from the Court. The next day at the Petition of the Commons he took upon him to reconcile the Earles of Northumberland and Westmerland And on the two and twentieth of February of the Earles of Northumberland and Dunbarre In a Parliament of 27 of Hen. the 6. a Challenge of seate in Parliament betwixt the Earles of Arundell and Devonshire was examined and appointed by the KING with the advice of the Lords In that great capitall cause of the Duke of Suffolke the 28 of Hen. 6. I finde not the King once present at the debates but the Duke appealing from his tryall by Peerage to the King is brought from out of the house of Lords to a private Chamber where the King after the Chancellor in gross had declared his offence and his refusall the King himself but not in place of judgement adjudged his banishment By the Rolls of Edward the fourth it appeareth that he was many dayes
I hold it no incivility to prepare people of all ages for the Kingdome of Heaven By the order contained in the Book of Common Prayer on Sundayes and Holy-dayes half an houre before evensong the Curate of every parish ought to examine children sent unto him in some points of the Catechisme and all Fathers Mothers Masters and Dames should cause their Children Servants and Prentises to resort unto the Church at the time appointed there to heare and be obediently ordered by the Curate untill such time as they have learnt all that in the said Booke is commanded and when the Bishops shall appoint the Children to bee brought before them for their Confirmation the Curate of every Parish shall send or bring the names of those Children of his Parish which can answer to the questions of the Catechisme and there ought none to be admitted to the Holy Communion untill such time as he can say his Catechisme and bee confirmed Many times I have stood amazed to behold the Magnificence of our Ancestours buildings which their Successours at this day are not able to keepe up but when I cast mine eyes upon this excellent Foundation laid by the Fathers of the CHURCH and perceive their Children neglect to build thereupon with exceeding marvell I rest almost besides my selfe for never was there better ground-plot layd which hath been seconded with lesse successe It was not the Bull of Pius Quintus on the Bishop of Londons Doores or the forbearing to hang up Priests that have wrought this Apostacy but the Idleness and insufficiency of many teachers conspiring with the peoples cold zeale that hath beene the Contriver of this Webb Untill the eleventh yeare of Queene Elizabeths Raigne a Recusants name was scarcely knowne the Reason was because that the zeale begotten in the time of the Marian Persecution was yet fresh in memory and the late Persecutors were so amazed with the sudden alteration of Religion that they could not chuse but say Digitus Dei est hic In those dayes there was an emulation betweene the Clergy and the Laity and a strife arose whether of them should shew themselves most affectionate to the Gospell Ministers haunted the Houses of worthiest men where Jesuits now build their Tabernacles and poor Countrey Churches were frequented with the best of the Shire the Word of God was precious Prayer and Preaching went hand in hand together untill Archbishop Grindai●s disgrace and Hatefields hard conceipt of Prophecying brought the flowing of those good graces to a still water the name of a Papist smelt ranck even in their owne nostrills and for pure shame to be accompted such they resorted duely both to our Churches and Exercises but when they saw their great Coriphaeus Sanders had slily pinned the names of Puritans upon the sleeves of the Protestants that encountered them with most courage and perceived that the Word was pleasing to some of our own side they took heart at grasse to set little by the service of God and duty to their Soveraign Therewith start up from amongst us some that might have been recommended for their zeale if it had been tempered with discretion who fore-running the Authority of the Magistrate took upon them in sundry places and publiquely to censure whatsoever agreed not with their private conceipts with which grosse humours vented in Pulpits and Pamphlets most men grew to be frozen in zeal and in such sort benummed that whosoever as the worthy Lord Keeper Bacon observed in those dayes pretended a little spark of earnestnesse he seemed no lesse than red fire hot in comparison of the other And as some fare the worse for an ill neighbours sake dwelling beside them so did it betide the Protestants who seeking to curbe the Papists or reprove an idle drone were incontinently branded with the ignominious note of Precisian all vvhich vvind brought plenty of vvater to the Popes Mill and there vvill most men grinde vvhere they see apparance to be vvell served XII If without great inconveniency the Children of the Papists could be brought up out of their Company it were a happy turn but I finde it to be full of difficulty there is provision made to avoid Popish School-masters but there is no word against Popish School-mistresses that infect the silly Infants while they carry them in their arms which moveth me to suppose that the former proposition to examine how Children and servants are brought up and truely to certifie the list of the Communicants and Recusants will be the readiest means to let his Majesty know the yearly increase or decrease of the Church in every Diocesse And whosoever shall send his Children or any of his Majesties Subjects to be placed in Monasteries or Seminary Colleges or Popishly to be brought up in forraign parts I think that for punishment both one and the other worthily might be diffranchised of the priviledge due to English men so farre forth as any good by the Laws may descend to them but not to be exempted from the Penalties thereof in the regall jurisdiction of the Crowne I know well that contradiction is odious and makes a man seem ambitious to be though tmore understanding than others in which case the Spaniard useth only to 〈◊〉 me 〈◊〉 presumptuous whom he would call foole if civility would bear it but in my defence I hope it shall suffice againe to revive my former protestation that I discourse by the way of Proposition rather than arrogantly of defining any thing with pardon therefore may I bee permitted to say that the first easie Law of twelve pence inflicted on him that could not give a reasonable excuse for his absence from Church on Sundayes was one of the best ordinances that hath hitherto been enacted but while we sought to make new Statutes savouring of more severity we neglected the old and were loath to execute the new for it is a certaine rule that whosoever in policy will give liberty and yet seem to suppresse a crime let him procure sharpe Lawes to be proclaimed which are necessary only for some times and rare occasions to be put in execution but not to be an ordinary worke for every day of the weeke daily use likewise teacheth us that it is lesse grievous to punish by an old Lawe than by a new for so much as truth it selfe seldome gets credit without proof and it is hard to free the people of suspition that new Lawes are not rather invented against the particular persons and purses of men than against their corrupt manners by force of which reason I am induced to conceive that the old use of the Church contained in good nurture and Ecclesiasticall censures will much more prevaile to muzzle Popery than any fresh devises whatsoever neither do I thinke it blame-worthy to affirme that our Cause hath taken harme by relying more on the temporall than the spirituall Armes for while we trusted that capitall punishments