And where those of Syphax had plotted the murder of Masinissa Non aliud mihi factum quà m quod sceleris sui reprehensi essent saith Appian The Ambassadors of the Protestants at the Counsell of Trent though divulging there the Doctrine of the Churches contrary to a Decree there enacted a crime equivalent to Treason yet stood they protected from any punishment So much doth public conveniency prevail against a particular mischief That the State of Rome though in case of the most capital crime exempted the Tribunes of the people from question during the year of office And the Civilians all consent that Legis de Jure Gentium indictum est eorum corpora salva sint Propter necessitatem legationis ac ne confundant jura comercii inter Principes The redress of such injuries by such persons the example of Modern and best times will lead us to Vivia the Popes Legate was restrained by Henry the Second for exercising a power in his Realm not admitted by the King in disquiet of the State and forced to swear not to act any thing in Praejudicium Regis vel Regni Hen. 3. did the like to one of the Popes Ambassadors another flying the Realm secretly fearing timens pelli sui as the Record saith Edward 1. so restraining another until he had as his Progenitors had informed the Pope of the fault of his Minister and received satisfaction of the wrongs In the year 1523. Lewis de Pratt Ambassador for Charles 5. was commanded to his house for accusing falsly Cardinal Wolsey to have practised a breach between Hen. 8. and his Master to make up the Amity with the French King Sir Michael Throgmorton by Charles the 9. of France was so served for being too busie with the Prince of Condy in his faction Doctor Man in the year 1567. was taken from his own house in Madriil and put under a Guard to a straiter Lodging for breeding a Scandal as the Conde Teri said in using by warrant of his Place the Religion of his Country although he alledged the like permitted to Ghusman de Silva their Ambassador and to the Turk no less then in Spain In the year 1568. Don Ghuernon d' Espes vvas ordered to keep his house in London for sending scandalous Letters to the Duke d' Alva unsealed The Bishop of Rosse in the year 1571. vvas first confined to his house after to the Tower then committed for a good space to the Bishop of Ely his care for medling with more business then belonged to the place of his imployment The like was done to Dr. Alpin and Malvisett the French Ambassadors successively for being busie in more then their Masters affairs In the time of Philip the second of Spain the Venetian Ambassador in Madrill protecting an offendor that fled into his house and denying the Heads or Justices to enter his house vvhere the Ambassador stood armed to vvithstand them and one Bodavario a Venetian whom they committed to Prison for his unruly carriage and they removed the Ambassador unto another house until they had searched and found the Offendor Then conducting back the Ambassador set a guard upon his house to stay the fury of the people enraged The Ambassador complaining to the King he remitted it to the Supreme Councel they justified the proceeding condemning Bodavario to lose his head and other the Ambassadors servants to the Galleys all vvhich the King turned to banishment sending the whole process to Inego de Mendoza his Ambassador at Venice and declaring by a publick Ordinance unto that State and all other Princes that in case his Ambassadors should commit any offence nnworthily and disagreeing to their professions they should not then enjoy the privilege of those Officers referring them to be judged by them vvhere they then resided Barnardino de Mendoza for traducing falsly the Ministers of the State to further his seditious Plots vvas restrained first and after commanded away in the year 1586. The last of Spanish Instruments that disquieted this State a benefit vve found many years after by their absence and feel the vvant of it now by their reduction Having thus shortly touched upon such precedent examples as have fallen in the vvay in my poor observation I humbly crave pardon to offer up my simple opinion what course may best be had of prosecution of this urgent cause I conceive it not unfit that vvith the best of speed some of the chief Secretarries vvere sent to the Ambassador by vvay of advice that they understanding a notice of this information amongst the common people that they cannot but conceive a just fear of uncivil carriage towards his Lordship or his followers if any the least incitement should arise and therefore for quiet of the State and security of his person they vvere bound in love to his Lordship to restrain as vvell himself as followers until a further course be taken by legal examination vvhere this aspertion begun the vvay they onely conceived secure to prevent the danger this fear in likelyhood vvill be the best motive to induce the Ambassador to make discovery of his intelligence when it shall be required I conceive it then most fit that the Prince and your Grace to morrow should complain of this in Parliament and leaving it so to their advice and justice to depart the House the Lords at the instant to crave a conference of some small number of the Commons and so conclude of a Message to be sent to the Ambassador to require from him the charge and proofs the Persons to be sent the two Speakers of the two Houses vvith some convenient company of either to have their Maces and ensigns of Office born brfore them to the Ambassadors Gate and then forborn to shew fair respect to the Ambassadors then to tell them that a relation being made that day in open Parliament of the former information to the King by his Lordship they vvere deputed from both Houses the great Councel of the Kingdom to the vvhich by the fundamental Law of the State the chief care of the Kings safety and public quiet is committed they vvere no less the high Court of Justice or Supersedeas to all others for the examining and correcting all attempts of so high a nature as this if it carry truth That they regarded the honour of the State for the Catholicks immoderate using of late the Lenity of Soveraign Grace to the scandal and offence of too many and this aspersion now newly reflecting upon the Prince and others meeting vvth the former distaste which all in publique conceive to make a plot to breed a rupture between the King and State by that party maliciously layd hath so inflamed and sharpned the minds of most that by the access of people to Term and Parliament the City more filled then usual and the time it selfe neer May day a time by custom apted more to licentious liberty then any other cannot but breed a just jealousie and
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
besides the first and last of Parliament and there was entred some Speeches by him uttered but that of all the rest is most of remark the reporter then present thus tells it This of the Duke of Clarence and the King Tristis disceptatio inter duos tantae humanitatis Germanos nemo arguit contra ducem nisi Rex nemo respondit Regi nisi dux some other testimonies are brought in with which the Lords are satisfied and so Formârunt in eum sententiam damnations by the mouth of the Duke of Buckingham the Steward of England all which was much distasted by the House of Commons The Raigne of Henry the seventh affords us upon the Rolls no one example The journall Bookes are lost except so much as preserves the passages of eight dayes in the twelfth year of his Raigne in which the King was some dayes present at all debates and with his own hand the one and thirtieth day of the Parliament delivered in a bill of Trade then read but had the memorials remained it is no doubt but he would have been as frequent in his Great Councell of Parliament as he was in the Starre-Chamber where by the Register of that Court it appeareth as well in debate of private causes that toucheth neither life nor Member as those of publique care he every year of all his raign was often present Of Henry the eighth memory hath not been curious but if he were not often present peradventure that may be the cause which the learned Recorder Fleetwood in his preface to the Annalls of Edward the fifth Richard the third Henry the seventh and Henry the eighth hath observed in the Statutes made in that Kings dayes for which cause he hath severed their Index from the former And much lay in the will of Wolsey who ever was unwilling to let that King see with his own eyes Edward the sixth in respect of his young years may be vvell excused but that such was his purpose it appears by a memorial of his own hand vvho proportioning the affairs of Councell to several persons reserved those of greatest vveight to his own presence in these vvords These to attend the matters of State that I will sit with them once a week to hear the debating of things of most importance Unfitness by sex in his two succeeding sisters to be so frequent present as their former Ancestors led in the ill occasion of such opinion and practise Most excellent Majesty your most humble servant in discharge of obedience and zeal hath hastned up this abstract vvhich in all humility he offers up unto your gracious pardon Presumption to enter the Closet of your Counsell is far from his modesty and duty vvhat hath been your powerfull Command he hath made his Work vvhat is fit to be done vvith it is only your divine judgment He dares not say Presidents are vvarrants to direct The success is as vvorthy observation as the knowledge of them sometimes have made ill example by extension of Regal power through ill Counsels vvith ill success Some as bad or vvorse vvhen the people have had too much of that and the King too little the danger no less To cut out of either of these patterns to follovv vvere but to be in Love vvith the mischief for the example The clearer I present this to your Highness the nearer I approach the uprightness of your heart the blessed fortune of your happy Subjects Pardon most Sacred Majesty that I offer up unto your admired vvisdome my vveak but dutifull observations out of all the former gathering In Consultations of State and decisions of private plaints it is clear from all times the King not only present to advise and hear but to determine also in Cases Criminal and not of Bloud to bar the King a part vvere to exclude him the Star-chamber as far from reason as example The doubt is then alone in Crimes meer Capital I dare not commend too much the times that lost these patterns either for the Causes or Effects but vvish the one and other never more To proceed by publick Act of Commons Peers and King vvas most usuall Appeals are given by Lavv of Hen. 4. of this in novv debate the vvay I fear as yet obscure as great advice to State is needfull for the manner as for the Justice The example in the cause of the Duke of Suffolke 28 Hen. 6. vvhere the King gave judgement vvas protested against by the Lords That of the Duke of Clarence of Edw. 4. vvhere the Lords and the high Stevvard the Duke of Buckingham gave judgement vvas protested against by Commons in both of these the King vvas sometimes present but vvhich of those may suit these times I dare not guess That of Primo Rich. 2. of Gomeneys and Weston accused by the Commons plaint for Treason vvas tried by the Lords in absence of the King but sentenced by the Lord Scroop Stevvard for the King The Accused vvere of the rank of the Accusers Commons and not Lords Hovv this vvill make a President to judg in causes Capital a Peer of Parliament I cannot tell But if I should conceive a vvay ansvverable as well to Parliament as other Courts if the King and the Lords vvere Tryers and the Commons assenters to the judgment to hear together the Charge and evidence The Lords as doth the Jury in other Courts to vvithdravv to find the Verdict and then the Stevvard for the King to pronounce the Sentence It passeth so by vvay of Act and Course that carrieth vvith it no exception and likely to avoid all curious questions of your Highness presence there If your humble servant hath in this expression of his desire to do you service presumed too far his Comfort is that vvhere zeal of duty hath made the fault benignity of goodness vvill grant the Pardon A DISCOURSE OF THE LAWFULLNES OF COMBATS To be performed in the presence of the KING or the Constable and Marshall of ENGLAND Written by Sir Robert Cotton Knight and Baronet 1609. LONDON Printed in the Year 1672. A DISCOURSE OF THE LAWFULLNES OF COMBATS To be performed in the presence of the KING c. COMBAT WHere difference could not be determined by legal proof or testimony there was allowed the party his purgation Which was either Canonicall or Legall The first by Oath and called Canonicall because it is Lawfull The other which was either Per aquam candentem ferrum ignitum or Duellum called vulgare because it was brought in by the barbarous people without the pretext of any Law untill the Gothish and Lombard Kings seeing their Subjects more addicted to Martiall Discipline than to Civill Government reduced those trialls to Form and Rule Which Constitutions are now incorporated in the Civill Law From the Northern Nations of which the Saxons and Normans or Northmanni are part it was brought into this Land And although it grew long ago both by the Decrees of
prices of what shall be bought for his Maâ—esties service must in like proportion be inhaunced on him And as his Majesty hath the greatest of Receipts and Issues so must he of necessity taste the most of loss by this device It will discourage a great proportion of the Trade in England and so impair his Majesty's Customs For that part being not the least that payeth upon trust and credit will be overthrown for all men being doubtful of diminution hereby of their personal Estates will call their moneys already out and no man will part with that which is by him upon such apparent loss as this must bring What danger may befall the State by such a suddain stand of Trade I cannot guess The monies of Gold and Silver formerly coyned and abroad being richer then these intended will be made for the me part hereby Bullion and so transported which I conceive to be none of the least inducements that hath drawn so many Gold-Smiths to side this Project that they may be thereby Factors for the strangers who by the lowness of minting being but 2 s. Silver the pound weight and 4s for Gold whereas with us the one is 4. and the other 5 s. may make that profit beyond-sea they cannot here and so his Majesty's mint unset on work And as his Majesty shall lose apparently in the alteration of monies a 14. in all the Silver and a 25. part in all the Gold he after shall receive so shall the Nobility Gentry and all other in all their former setled Rents Annuities Pensions and loanes of money The like will fall upon the Labourers and workmen in their Sâ—â—tute-wages and as their receipts are lessened hereby so are their Issiues increased either by improving all prices or disfurnishing the Market which must necessarily follow For if in 5. Edwardi 6. 3. Mariae and 4. Elizabethae it appeareth by the Proclamations that a rumor only of an alteration caused these Effects punishing the Author of such reports with imprisonment and pillory it cannot be doubted but the projecting a change must be of far more consequence and danger to the State and would be wished that the Actors and Authors of such disturbances in the Common-Wealth at all times hereafter might undergo a punishment proportionable It cannot beheld I presume an advice of best judgment that layeth the loss upon our selves and the gain upon our enemies for who is like to be in this the greater Thriver Is it not usual that the Stranger that transporteth over monies for Bullion our own Gold-Smiths that are their Brokers and the Forreign Hedgeminters of the Netherlands which terms them well have a resh and full Trade by this abatement And we cannot do the Spanish King our greatest enemie so great a favour as by this who being the Lord of this Commodity by his Wâ—st Indies we shall so advance them to our impoverishing for it is not in the power of any State to raise the price of their own but the value that their Neighbour Princes acceptance sets upon them Experience hath taught us that the enfeebling of coyn is but a shift for a while as drink to one in a dropsy to make him swell the more But the State was never throughly cured as we saw by Henry the eighths time and the late Queens untill the coyn was made up again I cannot but then conclude my honourable Lords that if the proportion of Gold and Silver to each other be wrought to that parity by the advice of Artists that neither may be too rich for the other that the mintage may be reduced to some proportion of Neighbour parts and that the Issue of our Native Commodities may be brought to overburthen the entrance of the Forreign we need not seek any way of shift but shall again see our Trade to flourish the Mint as the pulse of the Common-Wealth again to beat and our Materials by Industry to be a mine of Gold and Silver to us and the Honour Justice and Profit of his Majestie which we all wish and work for supported The Answer of the Committees appointed by your Lordships to the Proportion delivesed by some Officers of the Mint for inhauncing his Majestie 's monies of Gold and Silver 2. September 1626. The first part The Preamble VVE conceive that the Officers of the Mint are bound by Oath to discharge their several duties in their several places respectively But we cannot conceive how they should stand tyed by oath to account to his Majesty and your Honors of the Intrinsick value of all Forreign coyns and how they agree with the Standard of the State before they come to the Mint for it is impossible and needless In the one for that all Forreign States do for the most part differ from us and our money infinitely amongst themselves In the other it being the proper care of the Merchants who are presumed not to purchase that at a dearer rate then they may be allowed for the same in fine Gold and Silver in the coyn of England within the charge of coynage And therefore needless To induce the necessity of the Proposition they produce two instances or examples The one from the Rex Doller and the other from the Royal of Eight wherein they have untruely informed your Honours of the price and value in our monies and our Trade of both of them For whereas they say that the Rex Doller weigheth 18. penny weight and 12. grains and to be of the finest at the pound weight 10. ounces 10 pence weight doth produce in exchange 5. s. 2. d. farthing of sterling monies We do affirm that the same Dollar is 18. d. weight 18. grains and in fineness 10. ounces 12. d weight equal to 4. s. 5 d.ob of sterling monies and is at this time in London at no higher price which is short thereof by 13. grains and a half fine Silver upon every Dollar being 2. d. sterling or thereabout being the charge of coynage with a small recompence to the Goldâ— Smith or Exchanger to the profit of England 3. s. 6. d. per Centum Whereas they do in their circumstance averr unto your Honours that this Dollar runs in account of Trade amongst the Merchants as 5. s. 2. d. ob English money It is most false For the Merchants and best experienced men protest the contrary and that it pasâ—eth in exchange according to the Intâ—insick value onely 4 s. 5. d. ob of the sterling money or neer thereabouts and not otherwise The second instance is in the Royall of Eight affirming that it weigheth 17. penny weight 12. grains and being but of the fineness of 11. ounces at the pound weight doth pass in Exchange at 5 s. of our sterling moneys whereby we lose 6 s 7 d. in every pound weight But having examined it by the best Artists we find it to be 11. ounces 2. d. weight fine and in weight 17. penny weight 12. grains which doth equal 4. s. 4. d. ob
and so transported and his Mint thereby set less on work then now 3. Whether the advancing the Silver-coyn in England will not cause a transportation of most of that that is now currant to be minted in the Netherlands and from them brought back again whereby his Majestie 's Mint will fail by the exported benefit 4. Whether the advancing the Silver coyn if it produce the former effects will not cause the Markets to be unfurnished of present coyn to drive the exchange when most of the old will be used in Bullion 5. Whether the higher we raise the Coyn at home we make not thereby our Commodities beyond-sea the cheaper 6. Whether the greatest profit by this enhauncing will not grow to the ill members of the State that have formerly culled the weightiest peeces and sold them to the stranger-Merchants to be transported Certain General Rules collected concerning Money and Bullion out of the late Consultation at Court GOld and Silver have a twofold estimation in the Extrinsick as they are monies they are the Princes measures given to his people and this is a Prerogative of Kings In the Intrinsick they are Commodities valuing each other according to the Plenty or scarcity and so all other Commodities by them And that is the sole power of Trade The measures in a Kingdom ought to be constant It is the Justice and Honour of the King for if they be altered all men at that instant are deceived in their precedent contracts either for Lands or money and the King most of all for no man knoweth then either what he hath or what he oweth This made the Lord Treasurer Burleigh in 73. when some Projectors had set on foot a matter of this nature to tell them that they were worthy to suffer death for attempting to put so great a dishonour on the Queen and detriment and discontent upon the People For to alter this publick measure is to leave all the Markets of the Kingdome unfurnished and what will be the mischief the Proclamations of 5. Edwardi 6. 3. Mariae and 4. Elizabethae will manifest when but a Rumor of the like produced that effect so far that besides the faith of the Princes to the contrary delivered in their Edicts they were inforced to cause the Magistrates in every Shire respectively to constrain the people to furnish the Markets to prevent a mutiny To make this measure then at this time short is to raise all prizes or to turn the money or measure now currant into disise or Bullion for who will depart with any when it is richer by seven in the hundred in the Mass then the new monies and yet of no more value in the Market Hence of necessity it must follow that there will not in a long time be sufficient minted of the new to drive the exchange of the Kingdome and so all Trade at one instant at a stand and in the mean time the Markers unfurnished Which how it may concern the quiet of the State is worthy care And thus far as money is a measure Now as it is a Commodity it is respected and valued by the intrinsick quality And first the one metall to the other All commodities are prized by Plenty or scarsity by dearness or cheapness the one by the other If then we desire our Silver to buy Gold as it late hath done we must let it be the cheaper and less in proportion valued and so contrary for one equivalent proportion in both will bring in neither We see the proof thereof by the unusual quantity of Gold brought lately to the Mint by reason of the price for we rate it above all other Countries and Gold may be bought too dear To furnish then this way the mint with both is altogether impossible And at this time it was apparently proved both by the best Artists and Merchants most acquainted with the Exchange in both the examples of the Mint-masters in the Rex Dollar and Reall of Eight That Silver here is of equal value and Gold above with the forreign parts in the intrinsick and that the fallacy presented to the Lords by the Mint-Masters is only in the nomination or extrinsick quality But if we desire both it is not raising of the value that doth it but the ballasing of Trade for buy we in more then we sell of other Commodities be the money never so high prized we must part with it to make the disproportion even If we sell more then we buy the contrary will follow And this is plain in Spain's necessities For should that King advance to a double rate his Reall of 8. yet needing by reason of the barrenness of his Countrey more of Forreign Wares then he can countervail by Exchange with his own he must part with his money and gaineth no more by enhauncing his Coyn but that he payeth a higher price for the Commodities he buyeth if his work of raising be his own But if we shall make improvement of Gold and Silver being the staple Commodity of his State we then advancing the price of his abase to him our own Commodities To shape this Kingdom to the fashion of the Netherlanders were to frame a Royal Monarch by a Society of Merchants Their Countrey is a continual Fair and so the price of Money must rise and fall to fit their occasions We see this by raising the Exchange at Franckford and other places at the usual times of their Marts The frequent and daily change in the low Countries of their monies is no such injustice to any there as it would be here For being all either Mechanicks or Merchants they can rate accordingly their labours or their wares whether it be coyn or other Merchandise to the present condition of their own money in Exchange And our English Merchants to whose profession it properly belongs do so according to the just intrinsick value of their Forreign coyn in all barter of Commodities or exchange except at Usance Which we that are ruled and tyed by the extrinsick measure of monies in all our constant Reckonings add Annual bargains at home cannot do And for us then to raise our coyn at this time to equal their proportions were but to render our selves to a perpetual incertainty for they will raise upon us daily then again which if we of course should follow else receive no profit by this present change we then destroy the Policy Justice Honour and Tranquility of our State at home for ever THE DANGER WHEREIN THIS KINGDOME NOW STANDETH AND THE REMEDY Written by Sir ROB. COTTON Knight and Baronet LONDON Printed in the year 1651. THE DANGER Wherein this Kingdome now standeth and the REMEDIE AS soon as the house of Austria had incorporated it self into the house of Spain and by their new Discoveries gotten to themselves the Wealth of the Indies they began to affect and have ever since pursued a fifth Monarchy The Emperour Charles would first have laid the foundation thereof in Italy
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 hâ—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 â—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
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 LONDON Printed for Richard Lowndes at the White Lion in Duck Lane near Smith-field and Matthew Gilliflower at the Sun in Westminster-Hall 1652. To his worthily Honoured Friend Sir Robert Pye Knight at his House in Westminster SIR THe long interest of Friendship and nearness of Neighbourhood which gave you the opportunity of conversing often with that worthy Baronet who was Author of these ensuing Discourses induced me to this Dedicatory Address Among the Greeks and Romans who were the two Luminaries that first diffused the rayes of Knowledge and Civility through these North-west Clymes He was put in the rank of the best sorts of Patriots who preserv'd from putrefaction and the rust of Time the Memory and Works of Vertuous Men by exposing them to open light for the generall Good Therefore I hope not to deserve ill of my Country that I have published to the World these choice notions of that learned Knight Sir Robert Cotton who for his exact recerchez into Antiquity hath made himself famous to Posterity Plutarch in writing the lives of Others made his own everlasting So an Antiquary while he feels the pulse of former Ages and makes them known to the present renders Himself long-liv'd to the future There was another inducement that mov'd me to this choice of Dedication and it was the high respects I owe you upon sundry obligations and consequently the desire I had that both the present and after times might bear witness how much I am and was Sir 3. Nonas April 1651. Your humble and truly devoted Servant James Howell To the Knowing Reader touching these following Discourses and their AUTHOR THe memory of some men is like the Rose and other odoriferous flowers which cast a sweeter and stronger smell after they are pluck'd The memory of Others may be said to be like the Poppie and such Vegetalls that make a gay and specious shew while they stand upon the stalk but being cut and gather'd they have but an ill-favour'd scent This worthy Knight may be compared to the first sort as well for the sweet odor of a good name he had while he stood as also after he was cut down by the common stroke of Mortality Now to augment the fragrancy of his Vertues and Memory these following Discourses which I may term not altogether improperly a Posie of sundry differing Howers are expos'd to the World All who ever knew this well-weighed Knight will confess what a great Zâ—lâ—t he was to his Countrey how in all Parliaments where he fervid so often his main endeavours were to assert the publick Liberty and that Prerogative and Priviledge might run in their due Channels He would often say That he Himself had the least share in Himself but his Countrey and his Friends had the greatest interest in him He might be said to be in a perpetual pursuit after Vertue and Knowledge He was indefatigable in the search and re-search of Antiquity and that in a generous costly manner as appears in his Archives and copious Library Therefore he may well deserve to be ranked among those Worthies Quorum Imagines lambunt Hederae sequaces For an Antiquary is not unfitly compar'd to the Ivie who useth to cling unto ancient fabriques and Vegetals In these Discourses you have 1. A Relation of proceedings against Ambassadors who have miscarried themselves and exceeded their Commission 2. That the Kings of England have been pleased to consult with their Peers in Parliament for marriage of their Children and touching Peace and War c. 3. That the Soveraigns Person is required in Parliament in all Consultations and Conclusions 4. A Discourse of the legality of Combats Duells or Camp-fight 5. Touching the question of Precedency between England and Spain 6. Touching the Alliances and Amity which have interven'd betwixt the Houses of Austria and England 7. A Discourse touching Popish Recusants Jesuits and Seminaries 8. The Manner and Means how the Kings of England have supported and improv'd their States 9. An Answer to certain Arguments urg'd by a Member of the House of Commons and raised from supposed Antiquity to prove that Ecclesiastical Laws ought to be Enacted by Temporal men 10. The Arguments produc'd by the House of Commons concerning the Priviledge of every Free-born Subject 11. A Speech delivered in the House of Commons Assembled at Oxford in the sirst year year of the last King 12. A Speech delivered before the Councell Table touching the alteration of Coyn. 13. Valour Anatomized in a Fancy by Sir Philip Sidney 14. A brief Discourse concerning the Power of the Peers and Commons of Parliament in point of Judicature 15. Honesty Ambition and Fortitude Anatomized by Sir Francis Walsingham 16. The Life and Raign of Henry the Third complied in a Criticall way These Discourses being judiciously read will much tend to the enriching of the understanding and improvement of the Common stock of Knowledge A RELATION OF THE PROCEEDINGS AGAINST AMBASSADORS Who have miscarried themselves c. IN humble obedience to your Grace's Command I am emboldened to present my poor advice to this the greatest and most important cause that ever happened in this State the Quiet of the Kingdom the Honour of the Prince the safety of the Spanish Ambassadors Person exposed hereby to the fury of the People all herein involved A consideration not the least for the reputation of the State and Government though he little deserved it The information made to his sacred Majesty by him That your Grace should have plotted this Parliament Wherein if his Majesty did not accord to your designs then by the Authority of this Parliament to confine his sacred Person to some place of pleasure and transfer the Regal Power upon the Prince This Information if it were made by a Subject by the Laws of the Realm were high Treason to breed a rupture between the Soveraignty and the Nobility either by Reports or Writings and by the Common Law is adjudged no less The Author yet knowing that by the representing the Person of a soverain Prince he is by the Law of Nations exempt from Regal tryal all actions of one so qualified being made the Act of his Master until he disavow And injuries of one absolute Prince to another is Factum hostilitatis and not Treason The immunity of whom Civilians collect as they do the rest of their grounds from the practice of the Roman State deducing their Arguments from these Examples The Fabii Ambassadors from Rome were turned safe from the Chades with demand of justice against them onely although they had been taken bearing Arms with the Ethrurian their Enemies The Ambassadors of the Tarquines Morte affligendos Romani non judicârunt quanqnam visi sunt ut hostium loco essent justamen Gentium voluit
the Lords to the King In the 27 a Great Counsel is assembled many of the lay Peers few of the Clergy and of the Shires and Burroughs but one a peece This was for the prosecution of the French wars when honorable peace could not be gotten but the year following a Truce offered the King forbore to entertain until he had the consent of the Peers and Commons which they in Parliament accorded unto before the Popes Notary by publick Instrument The dallying of the French King in conclusion of peace and the falling off of the Duke of Brittany having wrought his end with France by reputation of the English succour is the year following declared in Parliament and their advice and aid required for the Kings proceeding In the 36. year he calleth a Parliament to consult whether war or peace by David King of Scots then offered should be accepted In the 40. the Pope demanding the tribute of King John the Parliament assembled where after consultation apart the Prelats Lords and Commons advise the denyal although it be by the dint of Sword In 43. The King declares to the Peers and Commons that the French against the Articles of the Truce refused payment of the moneys and delivery of the Towns summoning La Brett and others the Kings Subjects in Gascony to make at Paris their appeals and had forraged his of Bontion requiring whether on their breach he might not again resume the stile and arms of France The Lords and Commons had apart consulted they advised the King to both which he approving altered the inscription and figure of his Seal Two years after it was declared to the Peers and Commons that by their advice he had again resumed the stile and quarrel of France and therefore called their advice for the defence of the realm against the French securing of the Seas and pursuing of the Warre of which they consult and resolve to give the King an aid the like of Councel and supply was the year succeeding In the 50 a Parliament to the purposes of the other two was summoned and the year following the King in Parliament declaring how the French combined underhand against him with Spain and Scotland required their advice how Peace at home the Territories abroad Security of the Sea and charge of the War might be maintained I have the longer insisted in observing the carriage of these times so good and glorious after ages having not left the Journal entries of Parliament so full which with a lighter hand I will pass through Richard his Grand child succeeded to the Crown and troubles having nothing worthy his great fortunes but his great birth the first of his Raign he pursued the Steps of his wise Grandfather advising with Peers and Commons how best to resist his Enemies that had lately wronged many of his Subjects upon the Sea coasts In the second year he again consulted with his people how to withstand the Scots who then had combined with the French to break the Truce In the third he called the advice of Parliament how to maintain his regality impaired by the Popes provision how to resist Spain France and Scotland that had raised Wars against him how to suppress his Rebells in Guyen and Ireland and how to defend the Seas The like in the fourth year following at Winsor the year succeeding at a great Councel the King having proposed a voyage Royal into France now called the Parliament to determine further of it and it is worthy observation for the most before any proposition of War or Peace were vented to the Commons a debate thereof proceeded in the great Councel to stay it fitter to Popular advice The quarrel of Spain continuing the Duke of Lancaster offered a voyage against them so that the State would lend him money after consultation they granted aid but not to bind them to any continuance of Wars with Spain In the sixth the Parliament was called to consult about defence of the borders the Kings possessions beyond Sea Ireland and Gascoyne his subjects in Portugall and safe keeping of the Seas and whether the King should proceed by Treaty of Alliance or the Duke of Lancaster by force for the Conquest of Portuguall the Lords approve the Dukes intention for Portuguall and the Commons advise that Thomas Bishop of Norwich having the Popes Croiceris should invade France The same year the State was re-assembled to consult whether the King should go in person to rescue Gaunt or send his Army the Commons after two dayes debate crave a conference with the Lords the effect is not entered in the Roll only they bid Sir Thomas Puckering their speaker protest that Counsells for War did aptly belong to the King and his Lords yet since the Commons were commanded to give their advice they humbly wished a voyage Royal by the King if not that the Bishop of Norwich ought with the advantage of the Popes Croiceris be used in that service who accepted the Charge with ill success he further for the Commons prayed that the Kings Unkle should not be spared out of the Realm before some peace be setled with the Scots and that the Lord de la Sparre sent with Propositions from Spain may first be heard The Chancellor in the seventh year in the name of the King willeth the Lords apart and so the Commons to consult whether Peace or War with Scotland or whether to resist or assail the Kings adventure with Spain France or Flanders Their opinion is not entered in the Rolls an omission usual by the Clarks neglect only their Petition is recorded that the Bishop of Norwich may accompt in Parliament the expence of the monies and be punished for his faults in the service he undertook both which are granted At the next Sessions the same year the Commons are willed to advise upon view of Articles of Peace with the French whether War or such a Unity should be accepted They modestly excused themselves as too weak to consult in such weighty affairs But being charged again as they did tender the honour and right of the King they make this answer Quils intendent que ancunes sermâ—s terres que mesme lour Leeige auroit â—it pur cest accord in Guien si serront tenns dobt Roy Francois par homage service mars ne persont uny que lour dit Leeige voiroit assenter trope legierement de temer dicens Francois pertiel service la villa de Callis aultres terres conquises des francoise per lespreneve verroit la comen ense faest fait si autrement lour perroit bien faire giving their opinions rather for Peace than War Peace with France not succeeding the eighth year the body of the State was willed to advise whether the King in his own person or by sending of forces against the French Spain Flanders and Scotland should proceed This King having assembled at Oxon
instructions warrant to restore that right again to the Imperial Throne Charls will follow him from Barcellona with an Army but before he must call a Parliament at Toledo whether by election or affection I dare not divine that Assembly maketh Protestation against their Masters Marriage with England and assign him Isabella of Portugal for a wife the Instruments are sent signed by the Imperial Notary to Henry the 8th And Charls bemoneth the streight he is forced into by them but before all this he had wrought from Rome a Dispensation for his former out-hand Marriage sending not long after Gonzado Ferdinando his Chaplain to invite the Earl of Desmon to rebell in Ireland And to invite James the First by promise of a Marriage to Christian of Denmarks Daughter his Neece to enter the English Borders to busie the English King for asking a strict accompt of that indignity Henry the 8th with Providence and good success over-wrought these dangers and by the League of Italy he forced him to moderate Conditions at the Treaty of Cambray 1529. He being made Caput foederis against the Emperour I may end your Honours trouble with this one Example and with humble prayers That the Catholique may have so much of Princely sincerity as not to intend the like or my good gracious Master a jealous vigilancy to prevent it if it should c. THAT THE SOVERAIGNS PERSON is Required in the Great COUNCELLS OR ASSEMBLIES OF THE STATE As well at the Consultations as at the Couclusions Written by Sir Robert Cotton Knight and Baronet LONDON Printed in the Year 1672. THAT THE SOVERAIGNS PERSON is Required in the Great COUNSELS OR ASSEMBLIES OF THE STATE c. SInce of these Assemblies few Diaries or exact Journal Books are remaining and those but of late and negligently entred the Acts and Ordinances only reported to Posterity are the Rolls this question though clear in general reason and conveniency must be wrought for the particular out of such incident proofs as the Monument of Story and records by pieces leave us And to deduct it the dearer down some essential circumstances of name time place occasion and persons must be in a general shortly touched before the force of particular proofs be laid down This noble body of the State now called the houses in Parliament is known in several ages by several names Consilia the Counsels in the old times after Magnum Commune and Generale Consilium Curia Magna capitalis and Curia Regis sometimes Generale Placitum and sometimes Synodi and Synodalia decreta although aswell the causes of the Common-wealth as Church were there decided The name of Parliament except in the Abbots Chapters not ever heard of until the raign of King John and then but rarely At the Kings Court were these Conventions usually and the Presence Privy Chamber or other room convenient for the King in former times as now then used for what is the presenst House of Lords but so as at this time and was before the fyring of the Pallace at Westminster about the seventeenth of Henry the eighth who then and there recided Improbable it is to believe the King was excluded his own Privie Chamber and unmannerly for guests to barre him the company who gave to them their entertainment It was at first as now Edicto Principis at the Kings pleasure Towards the end of the Saxons and in the first time of the Norman Kings it stood in Custome-Grace to Easter Whitsontide and Christmas fixed The Bishops Earls and Lords Ex more then Assembled so are the frequent words in all the Annalls the King of course then revested with his imperial Crown by the Bishops and Peers assembling in recognition of their pre-obliged faith and present service until the unsafe time of King John by over-potent and popular Lords gave discontinuance to this constant grace of Kings and then it returned to the uncertain pleasure of the Soveraigns summons The causes then as now of such Assemblies were provisions for the support of the State in Men and Money well ordering of the Church and Common wealth and determining of such causes which ordinary Courts nesciebant judicare as Glanvill the grand judge under Henry the second saith where the presence of the King was still required it being otherwise absurd to make the King assentor to the Judgments of Parliament and afford him no part in the consultation The necessity thereof is well and fully deduced unto us in a reverent monument not far from that grave mans time in these words Rex tenetur omni modo personaliter interesse Parliamento nisi per Corporalem agritudinem detineatur Then to acquaint the Parliament of such occasion of either house Causa est quod solebat Clamor Murmur esse pro absentia Regis quia res damnosa periculosa est toto Communitati Parliamenti Regni cum Rex à Parliamento absens fuerit Nec se absentare debet nec potest nisi duntaxat in Causa supradicta By this appeareth the desire of the State to have the Kings presence in these great Counsels by express necessity I will now endeavour to lead the practise of it from the dark and eldest times to these no less neglected of ours From the year 720. to neer 900. during all the Heptarchy in all the Councels remaining composed Ex Episcopis Abbatibus Ducibus satrapis omni dignitate optimatibus Ecclesiasticis scilicet secularibus personis pro utilitate Ecclesiae stabilitate Regni pertractand Seven of them are Rege praecedente and but one by deputy and incongruous it were and almost non-sence to bar his presence that is president of such an Assembly The Saxon Monarchy under Alfred Ethelred and Edgar in their Synods or Placita generalia went in the same practise and since Thus Ethelwald appealed against Earl Leofrick From the County and generale Placitum before King Ethelred and Edgira the Queen against Earl Goda to Eldred the King at London Congregatis Principibus sapientibus Angliae In the year 1502. under Edward the Confessor Statutum est placitum magnum extra Londinum quod Normanni ex Francorum consuetud Parliamentum appellant where the King and all his Barons appealed Goodwin for his Brother Alureds death the Earl denyed it and the King replyed thus My Lords you that are my liege men Earls and Barons of the Land here Assembled together have heard my Appeal and his Answer unto you be it left to do right betwixt us At the great Councel at Westminster 1072. in Easter week the cause of the two Archbishops Lanfrank and Thomas ventilata fuit in praesentia Regis Willielm And after at Winsor finem accepit in proesentia Regis At the same feast in the year 1081. the usual time of such Assemblies the King the Archbishops Bishops
close and foul play entertaineth an overture made by the Duke de Longavil then prisoner in England for a Marriage of Mary his Sister with the French King which effected the two subtile Princes failed of their ends Lewis dead and Francis succeeding he made his first entrance a league with England the recovery of Millane which he did the protection of his neighbours and reduction of the Swisses from the Imperial side for which he imployed to them the bastard of Savoy Maximilian and Ferdinand seeing by this all their new purchases in danger and that they had now no disguised marriage again to entertain the credulity of Henry the eighth they work upon his youth and honour The Emperor will needs to him resign his Emperial Crown as wearied with the weight of Government and distraction of Europe which needed a more active man then his old age to defend the Liberty of Subjects and Majesty of Princes from the Tyranny of France That he had made the way already for him with the Electors that he would send the Cardinall Sedunensis with ample commission into England to conclude the resignation which was done That at Aquisgrave he will meet Henry the eighth and there give up his first Crown from thence accompany him to Rome where he should receive the last right of the Imperiall dignity putting Verona into his protection then assailed by the Venetians and giving him the investiture of Millane in feodo more Imperiali then in possession of the French to tye his aid the faster against these States Hereupon Henry the eighth concluded a defensive league with the Bishop of Mesa and Count Daciana authorised Commissioners from the Emperor Arragon Castile and sendeth his Secretary Master Pace with money for Maximilian had already borrowed and broken to entertain the Swissers into pay and confederacy against France Charles the Grandchild must feign a difficulty to sway his League untill the Emperor at Henry the eighths cost was fetched from Germany to the Netherlands to work his Nephew to it who in the interim had closely contracted a peace by the Grandfathers consent with France No sooner had Maximilian received ten thousand Florins of the English King to bear his charge but the Treaty of Noyon was closely between him Arragon and Castile concluded whereby the ten thousand Crowns for recognition of Naples was passd from France to the Emperor and Charles himself affianced to Loysia the French Kings daughter and also darkly carried that when Master Pace at Agno came down from the Emperor with his Signature of the confederacy the French Kings Ambassador went up the back Stairs with six thousand Florins and the transaction of the Pension of Naples to Maximilian and there received his confirmation of the Treaty at Novon notwithstanding the same day the Emperor looking upon his George and Garter wished to Wingfield Henry the eighths Ambassador that the thoughts of his heart were transparent to his Master So displeasing was this foul play to the Cardinall Sedunensis the Emperors chief Counsellor that he writ contra perfidiam Principum against the falshood of his own Lord a bitter Letter to the English King who finding again how his youth and facility was overwrought by these two old and subtill Princes his vast expences lost his hopes of France lesned and that of the Emperor vanished for Maximilian is now conferring the Title of Rex Romanorum to one of his Nephues concludeth by mediation of the Admiral of France a peace with that King a marriage for the Dolphin Francis with the Lady Mary and the re-delivery of Tournay for a large Summe of Money Not long after Maximilian dieth leaving the Imperial Crown in Competition of France and Castile Charles whose desire was as his Ancestors to weave that vvreath for ever into the Austrian Family began to fear the power of his corrivall vvith vvhom the Pope then sided and the English King stood assured by the late marriage of their two Children To draw off the Pope he knew it vvas impossible he vvas all French To vvork in Henry the eighth he found the inconstancy of his predecessors and the new match to lie in the vvay To clear the one he is fain in his Letters into England to load his two Grandfathers vvith all the former aspertions his years and duty then tying him more to obedience then truth but that he vvas a man and himself now that mutuall danger vvould give assurance vvhere otherwise single faith might be mistrusted France vvas in it self by addition of Britany more potent than ever this man had rejoyned to it some important pieces in Italy and should his greatness grow larger up by accession of the Imperiall Crown how easie vvere it to effect indeed what he had fashioned in Fancy the Monarchy of Europe As for the young Lady who was like to lose her husband if Henry the eighth incline to this Counsell and assist Castile in pursute of the Emperor he was contented for Loisia of France espoused to him by the Treaty at Noyon was now dead to make up the loss of the Lady Mary by his own Marriage with her a match fitter in years for the Dolphin was an infant as great in dignity for he was a King and might by the assistance of her father be greater in being Emperor Thus was Henry the eighth by fears and hopes turned about again and Pacy forthwith sent to the Electors with instructions money who so wrought that Charles was in July chosen Emperor and that it was by the sole work of Henry the eighth himself by Letters under his hand acknowledged From Aquisgrave he commeth Crowned the next year for England weddeth at Winsor the Lady Mary concludeth by league the invasion of France and to divide it with Henry the eighth by the River of Rodon making oath at the high Altar at Pauls for performance of both those Treaties Hereupon France is entred by the Engâ—ish army and Burbon wrought from his Allegiance by a disguised promise of this Emperor of Elianor his Sister for wife to raise forces against his Master which he did but was paid by the English King The French King to carry the wars from his own doors maketh towards Milan whereby Burbon and his forces were drawn out of Province to guard the Imperialls in Italy At Pavie they met and the French King was taken prisoner and forthwith transported into Spain where at Madrid the Emperor forced his consent to that Treaty whereby he gained Burgundy and many portions in the Netherlands leaving Henry the eighth who had born the greatest charge of all that Warre not only there unsaved but calling a Parliament at Toledo taketh by assignment of his States Isabella of Portugall to wife procuring from Pope Clement a Bull to absolve him of his former oaths and Marriage working not long after by Ferdinandus his Chaplain the Earl of Desmond to Rebell in Ireland and James the fifth of
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
whom they hate deadly in respect they will hold no indifferent quarter with Papistry The fourth and last maniple they assign to the politicians huomoni say they senza dio senza anima men without fear of God or regard of their Souls who busying themselves only in matter of State retain no sense of Religion Without doubt if the Authors of this partition have cast their accompt aright we must confess that the latter brood is to be ascribed properly unto them for if the undermyning of the Parliament house the scandalizing of the King in print who is Gods anointed and the refusal of natural obedience be marks of those that neither stand in awe of God or conscience well may the Papists boast that they are assured of the first number and may presume likewise of the last friendship when occasion shall be offered for the preventing of which combination it is a sure way to cut off the heads that should tie the knot or at least to brand them with a mark in the forehead before they be dismissed or after the opinion of others to make them unwelcome to the feminine sex which now with great fervency imbraceth them These are for the most part Arguments vented in ordinary Discourse by many who suppose a Priests breath to be contagious in our English air Others there are who maintain the second part of the Question with reasons not unworthy of observance In favour of the second Division I. DEath is the end of temporal woes but it may in no wise be accounted the Grave of memory therefore howsoever it is in the power of Justice to suppress the Person of a man the opinion for which he suffered conceived truly or untruly in the hearts of a multitude is not subject to the edge of any sword how sharp or keen soever I confess that the teeth are soon blunted that bite only out of the malice of a singular faction but where Poyson is diffused through the Veins of a Common-wealth with inermixture of bloud good and bad separation is to be made rather by patient evacuation than by present incision the greatest biter of a State is Envy joyned with the thirst of Revenge which seldome declares it self in plain colours until a jealousie conceived of personal dangers breaketh out into desperate resolutions hence comes it to pass that when one male-contented member is grieved the rest of the body is sensible thereof neither can a Priest or Jesuit be cut off without a general murmur of their Secretaries which being confident in their number secretly Arm for opposition or confirmed with their Martyrs Bloud as they are perswaded resolve by patience and sufferance to glorifie their cause and merit Heaven Do we not daily see that it is easier to confront a private enemy than a Society or Corporation and that the hatred of a State is more immortal than the Spleen of a Monarchy therefore except it be demonstrated that the whole Roman City which consists not of one brood may be cut off at the first stroke as one entire head I see no cause to think our State secured by setting on the skirts of some few Seminaries leaving in the mean time a multitude of Snarlers abroad who already shew their Teeth and only wait opportunity to bite fiercely I will not deny that what we fear we commonly hate provided alwayes that no merit hath interceded a reconciliation for there is great difference between hatred conceived against him that will take away the life and him that may justly do it and yet in clemency forbears to put it in effect for the latter breedeth reverend aw whereas the former subjecteth to servile fear alwayes accompanied with desire of innovations and although it hath been affirmed of the Church of Rome Quod Pontificium genus semper crudele nevertheless out of Charity let us hope that all devils are not so black as they are painted some or perhaps many of them there are whom conscience or in default thereof pure shame of the world will constrain to confess that his Majesty most graciously distinguisheth the Theory of Popery from the Active part thereof as being naturally inclined Parvis peccatis veniam magnis Severitatem commodare nec poena semper sed saepius poenitentia contentus esse II. Mistaking of punishments Legally inflicted commonly proceeds from fond pitty or the interest which we have in the same cause both which beget blind partiality admit then that the Papall side affecting merit by compassion may be nearly touched with the restraint of their Seminaries it cannot be denyed I hope except they had the hearts of Tygers that in humanity they will prefer their ease of durance before the rigor of death and albeit that Parsons Bellarmin and the Pope himself constrain their spiritual Children to thrust their fingers into the fire by refusing the Oath of Allegiance notwithstanding we have many testimonies in judicial Courts and printed Books that the greater part of them are of that Theban hunters mind who would rather have seen his Dogs cruel acts then have felt them to his own cost Garnett himself also in one of his secret Letters that after his death he should not be inrolled amongst the Martyrs because that no matter of Religion was objected against him yet it plainly appeared in his demeanour that he would gladly have survived the possibility of that glory if any such hopes had remained Neither is it to be presumed that being in Prison he would ever have conceived that we durst not touch his Reverence or that the Law was remiss which had justly condemned him and left his life to the Kings mercy It was the distance of the place and not Parsons that interpreted the sending over-seas of the Priests to be a greater argument of their innocency than of his Majesties forbearance For had Father Parsons himself been Coram nobis his Song would rather have been of mercy then justice It is truly said that we are all instructed better by examples then precepts therefore if the Laws printed and Indictments recorded cannot controul the Calumniations of those that wilfully will mistake Treason for Religion By the execution of two or three of that back-biting number I doubt not but the question may readily be decided Namque immedicabile vulnus Ense recidendum est Ne pars sincera trahatur III. To dally with pragmatical Papists especially with those that by their example and Counsel pvevert his Majesties Subjects I hold it a point of meer injustice For what comfort may the good expect when the bad are by connivency free to speak and imboldened to put their disloyal thoughts into execution For explaning therefore of my meaning it is necessary to have a regard unto the nature of the Kings Liege-People that are to be reformed by example of justice and others Forraigners who will we nill we must be censurers of our actions It
not a cord about their necks ready for vengeance if it were found unprofitable but let such Stoicks know that there is great difference between the penning of a Law and advice giving for the manner of executing it neither by their leaves are all innovations to be rejected for divine Plato teacheth us that in all Common-wealths upon just grounds there ought to be some changes and that States men therein must behave themselves like skilfull musicians Qui artem musices non mutant sed musices modum V. That an evil weed groweth fast by the example of the new Catholique increase is clearly convinced but he that will ascribe this generation simply to his Majesties heroicall vertue of Clemency argueth out of fallacy which is called Ignoratio Elenchi was not the zeal of many cooled towards the last end of Queen Elizabeths Raign hath not the impertinent heat of some of our own side bereft us of part of our strength and the Papacy with tract of time gotten a hard skin on their Consciences Parva metus primo mox sese attollit in altum But if we will with a better insight behold how this great quantity of spaun is multiplied we must especially ascribe the cause thereof to their Priests who by their deaths prepare and assure more to their sect than by their lives they could ever perswade It were incivility to distrust a Friend or one that hath the shew of an honest man if he will frankly give his word or confirm it with an Oath but when a Protestation is made upon the last gasp of life it is of great effect to those that cannot gainesay it upon their owne knowledge The number of Priests which now adayes come to make a Tragicall conclusion is not great yet as with one Seal many Patents are sealed so with the loss of few lives numbers of wavering spirits may be gained Sanguis Martyrum Semen Ecclesieae And though those Priests having a disadvantagious cause are in very deed but counterfeit shadowes of Martyrs unto a true understanding yet will they be reputed for such by those that lay their Souls in pawn unto their Doctrine with whom if we list to contend by multitude of voices vve shall be cried down vvithout all peradventure for the gate of their Church is vvide and many there are that enter thereinto VI. By divers means it is possible to come to one and the self same end seeing then that the summe of our vvell-vvishing is all one namely that Popish Priests may have no power to do harm it is not impertinent to try sundry paths vvhich may lead us to the perfecting of our desires Politicians distinguish inter rempublicam constitutam rempublicam constituendam according to the severall natures vvhereof Statists art to dispose of their Counsells and Ordinances vvere now the Rhemists and Romulists new hatched out of the shell the former course of severity might soon bury their opinions with their persons but since the disease is inveterate variety of medicines is judicially to be applyed The Romans did not punish all crimes of one and the selfsame nature vvith extremity of death for some they condemned to perpetuall prison and others they banished into an Island or some remote Countrey even in the case of Religion they vvere very tender to dip their fingers in bloud for vvhen Cato vvas Consull and it seemed good unto the Senate to suppress with violence the disordered Ceremony of the Bacchanalls brought by a strange Priest into the City he vvithstood that sentence alledging that there vvas nothing so apt to deceive men as Religion vvhich alwayes pretends a shew of divinity and for that cause it behoved to be very vvary in chastising the professors thereof lest any indignation should enter into the peoples minds that some-what vvas derogated from the Majesty of God Others more freely have not spared to place Relgion I mean that Religion vvhich is ignorantly zealous amongst the kinds of Frenzie vvhich is not to be cured otherwise than by time given to divert or qualifie the fury of the conceipt Tantum Religio potuit suadere malorum VII Howsoever in valuing the power of a City or strength of arguments quality and vvorth is to be preferred before number nevertheless vvhere the uttermost of our force is not known it imports much to have it conceived That the multitude stands for us for doubts and suspicions cast in an enemies vvay evermore makes things seem greater and more difficult than they are indeed vve have by Gods mercy the Sword of justice drawn in our behalf which upon short warning is able to disunite the secret underminers of our quiet we have a King zealous for the house of the Lord who needeth not to feare less success in shutting up of Priests than our late Queen had in restraining them in Wisbich Castle where lest their factious Spirits should grow rusty they converted their Cancer to fret upon themselves and vomitting out Gall in Quod-libets shewed that their disease was chiefly predominant in the spleen what tempests they have raised in their College at Rome their own books and many travellers can witness the storm whereof was such that Sixtus Quintus complained seriously of the vexation which he received oftner from the English Scholars then all the Vassals of the Triple Crown and untruly is the Magistrate noted of negligence or overmuch security that layeth wait to catch the Foxes and the little Foxes which spoyl the Vineyard though afterwards without further punishment he reserve them to the day wherein God will take accompt of their Stewardship for if Aristotles City defined to be a society of men assembled to live well be the same which in our Law hath reference to the maintaining of the people in Peace so long as we taste of the sweet of a peaceable Government we cannot say but that we live well and that the City consisting of men and not of walls is happily guided VIII An Oath is a weak bond to contain him that will for pretended conscience sake hold not faith with heretiques or by absolution from a Priest thinketh himself at liberty to fly from any promise or protestation whatsoever therefore when I remember that Watson the Priest notwithstanding his invectives against the Jesuits gained liberty to forge his traiterous inventions and had others of his society in the complot I judge if safer to make recluses of them than to suffer such to dally with us by books and some idle intelligences cast abroad onely as a mist to bleare our eyes But how shall we finde the meanes to apprehend those disguised Romanists that borrow the shape of Captaines Merchants Gentlemen Citizens and all sorts of people and by equivocation may deny themselves to be themselves In answer to this question I will first shew the reason why they are not pursued and taken and hereafter make an overture how they may be bolted out of their hutches
should strike the stroke we have neglected the means which would for the most part have discharged the need of such severity the Oath of Allegiance is not offered generally to servants and mean people who if they had taken the Oath by absolution of a Priest might recoyle from it or change their opinion at leasure without any ready meanes to discover their Legerdemaine that Oath I feare will not be often pressed and to them that shift from place to place how can it be tendred the principall Papists now cover themselves in the crowd of the multitude but if we can discover the affection of the multitude they will easily be unmarked and being singled out rest ashamed of their nakedness which under correction of better judgement may be effected if every new commer to inhabit in a Town and servants newly entertained within a week or fourteen dayes be caused to repaire to the Minister there in presence of the Church-wardens and other honest men to subscribe unto such briefe and substantiall Articles concerning faith and allegiance as shall be according to Gods word and justice ordained to distinguish the sheep from the Goats in forrain Countreys every host is bound to bring his guest before an Officer there to certifie his name with the occasion of his Comming and intended time of aboade in those parts and in case he stay longer he must again renew his licence so curious and vigilant are they also to keep their Cities from infection that without a Certificate witnessing their comming from wholsome places they may not escape the Lazaretto no lesse ought we to be watchful to prevent the contagion of our Souls than the other Nations are of their bodies Every thing is hard and scarcely pleasing in the beginning but with time some such course may be readily put in execution which I propound rather as matter for betterheads to work on than peremptorily to be insisted on in the same termes but lest any charge me with temerity that where I desire to know the multitudes inclination by the means aforesaid I satisfie my self with their Parrats language pronouncing it knows not what I think it not impertinent to put them in mind that heretofore I have required instruction both precedent and subsequent and am ever of the mind that though all this cannot be done at once yet it is necessary alwayes to be doing our best knowing that not to go forward in Religion is the ready way to go backwards it is not the outward obedience of comming to Church that discovers the inward thought of the heart it is the confession of the tongue that must utter those secrets and where the Curates are insufficient or the Parish great I wish they had Catechists to assist them maintained by the purses of the Recusants which pension being collected for Gods cause will free us of scandall though it grieved them to pay the spirituall Army waged against their owne stratagems surely by giving them way in petty matters they are grown to be very masterfull in their party Plato affirmeth that the popular State proceeded from the Licence which the people took to make immoderate applauses in the Theaters when as by arrogating that immunity without controllment in presence of their Governours and perceiving the Nobility to joyn with them in the same passions they thought their heads as worthy to governe as any of those were made out of the same mould In like manner while we suffer ignorance openly to maintain such petty glimps of Popery as are thought to be searce worthy to be looked at in small matters run an indifferent course which neither makes sure friends nor feeble foes unawares they take the Bridle from us and eat out Religion as it were by an insensible Gangrena Principiis obsta sero medicina paratur Cum mala per-longas invaluere moras For by sufferance of breaking small laws people are boldned to set the greater at nought To comprehend all things in a Law which arc necessary to the reformation I neither hold it profitable nor expedient yet it is discretion to provide for the most important smaller matters whereof the Lawes speak not are to be commended to the discretion of Parents Ministers and other Reverend persons who by example and advice may prepare younglings by education and Custom to obey the Laws especially such as are in high place ought in this behalf to be like Caesars wife Non solum Crimine sed etiam Criminis suspitione vacare and with such circumspection to behave themselves that the world may conceive in requiring obedience to God and their Soveraign that they hold the multitude rather for companions than slaves If great men take another way they may seduce many by example though by words they expresse not their concealed opinions Tâ—ce leqâ—re said God to Moses it is the speech of the heart which utters more than letters or sillables And in our common Lawes it is held maintainance when a great person onely by his presence countenanceth a cause neither let us secure our selves with this argument The Papists are pliable in small matters Ergo they will yeeld in greater And because they took no Arms in 88. therefore it were needlesse curiosity to suspect them now for who knowes not that small baits are used to take the greatest Fish Vt cum esca una etiam hamus devoretur Warinesse is the sinews of wisdome and nothing is more dangerous than to be secure in matters of State Therefore for the Laws already made I wish that the most effectuall of them which least concern life may be executed for better it were not to make them than by neglect to set them at liberty Seeing that many offences there are which men would abstain from if they were not forbidden but when a strict Commandement is avoided without punishment thereout springs an unbridled license and hardly to be reformed by any rigour To conclude I say freely that whoso endeth his dayes by a naturall death he shall be subject to many mens dooms for every particular offence But when for Religions sake a man triumpheth over the sword that one eminent Vertue razeth out the memory of other errours and placeth him that so dieth in Paradise if common opinion may be lawfully vouched vvhich glory having many followers and admirers maketh even dull spirits to affect their footsteps and to sell their lives for the maintenance of the same cause I need not Envy the name of a Martyr to the Jesuite for his cause if it be rightly vveighed will blanch that title but I desire to have all those Lineaments defaced vvhich may compound that counterfeit Image in prosecuting of vvhich purpose if I have failed in my advice and by confused handling intricated the question I humbly request that a vvise mans verdict may mitigate the heavinesse of the censure It is neither good to praise bad Counsels because of their good successe nor
but it must value in pecunia quantum in massa And Silver is a Commodity as other Wares and therefore holdeth his estimation as they do according to the goodness And the Lord Treasurer Burleigh in Anno 1561. when the currant of State-Councel affected an abasement of Coine after a grave deliberation advised the Queen from it and never would give way to any such resolution in his time But that benefit which truly the King might more make of Bullion then now he doth is to erect again Cambium Regis his own exchange An office as antient as before Henry 3. and so continued unto the middle of Henry 8. the profit of it being now ingrossed among a few Gold-Smiths and would yield above 10000. l. a year if it were heedfully regarded and then should the King himself keep his Mint in continual work and not stand at the devotion of others to supply Bullion and should never want the materials if two things were observed The one to permit all men bringing in Bullion to trade outward the value thereof in domestick Commodities at an abated Custome The other to abate the mighty indraught of forreign manufactures and unnecessary Wares that the outward trade might over-balance the inward which otherwise will as it hath done draw on this desperate consumption of the Common-Wealth Which anno 27. Edward 3. was otherwise for then the Exitus exceeded the Introitus by far and in the last times of the late Queen as in anno 1573. For at this time the unmeasurable use of luxurious Commodities was brought in as Wines Spices Silk and fine Linnens c. for of the latter sort of above ten groats the Ell there is above 360000. l. yearly spent which is half the value of our cloths transported maketh the State to buy more then they do sell whereas a good Father of a family ought to be vendacem and not emacem Besides the condition of our People is now such that the greater part neither get nor save which in a private house is an apparent argument of ruining and must be no less in a Common-Wealth And it is observed generally that hence the want of Bullioin now is such that there is not money in Specie sufficient to pay the lenders their principal so that usury is paid for money upon supposition and not really If then his Majesty shall be pleased by advise of his Councel to advantage himself any otherwise by coinage it will be safer to do it upon a simple mettal then by any implyant or beater suite which well governed States both modern and antient used For Rome in her increase and greatest pitch of glory had their money aere argento auro puto puro and so have all the Monarchies absolute at this day in Christendome And I believe it may be wrought to his Majesty of good value and to the State of much ease if it may be put in practise with discreet caution and constant resolution for the danger onely may be in the venting of the quantity which may clogge the State with useless money or extension of the example which may work in by degrees an embasement of Bullion The proportion that I would hold beneficial and safe should be in the Mass at first 120000. l. by which his Majesty should gain 10000. clearly the increase annual 12000. l. in which his Majesty should gain 1000. And the limitation that none be enforced to take any but in summes under 20 s. and then but the twentieth part proportionably Against this some may object that it will either not advantage the King so much as it projected either from the difficulty in venting or facility in Counterfeiting or else prejudice the estate with a worthless money The benefit to the King will easily fall out if he restrain Retailers of victual and small Wares from using their own tokens for in and about London there are above 3000. that one with another cost yearly 5. l. apiece of leaden Tokens whereof the tenth remaineth not to them at the years end and when they renew their store which amounteth to above 15000. l. And all the rest of this Realm cannot be inferiour to the City in proportion And the form and figure may with an Engine so subtilly be milled that the charge will prevent all practise of false play For the prejudice since London which is not the 24. part of the People of the Kingdome had in it found above 800000. by a late inquiry by order of the late Queen and so falleth out to be 2 d. a person in the intire state it may nothing either of loss by the first uttering being so easie nor burthen any with too great a Mass at a time since continual use will disperse so small a quantity into so many hands But on the other side will be to the meaner sort except the Retailers that made as much advantage formerly of their own Tokens as the King shall now of necessary use and benefit For the buyers hereafter shall not by tyed to one Seller and his bad Commodities as they are still when his tokens hereafter made currant by authority shall leave him the choise of any other Chapman and to the Poor in this time of small charity it will be of uch relief since men are like to give a farthing Almes that will not part with a greater sum Besides it cannot but prevent much waste of Silver that is by the minting pence and half pence occasioned there will be no cause hereafter to cut any Bullion into proportion so apt for losse what that hath been may be conjectured if we mark but of the great quantities from the peny downward since Henry 8. time stamped how few remain whereas of all the Coines from three pence upward which are manual plenty pass still in dayly payment Regalities mixt As for restitution of the temporalities of Abbots and Bishops For which Henry 7. received great sums Corrodies in Cathedral Churches And having in every Cathedral and Collegiate Church as incident to his Crown a Corradary made money of it at the highest rate he could Vacancy of Bishopricks The benefit at the vacancy of any Bishop some Kings have used to their best advantage making a circular remove of as many as in reputation and profit was inferiour to the place void Concurrent Jurisdiction as the Pope had in former times Besides there are two of no mean commodity The one is grounded upon a concurrent Jurisdiction with every Ordinary in the Diocess which the King by having the power Papall in that point invested in him by Act of Parliament may exercise by his Commission or otherwise remit to the Ordinary for some valuable respect Thus did Cardinal Woolsey with Warham the Arch-bishop and all other the Bishops of the Kingdome after he had got his Legative power And this if it were put in practise would draw to the King 20000. l. in his Coffers Tenths of the Church-Lands now in the Laity The other is
auctoritate Parliamenti A SPEECH Delivered in the Lower House of PARLIAMENT Assembled at OXFORD In the first year of the Reign of KING CHARLES I. By Sir ROBERT COTTON Knight and Barronet LONDON Printed in the Year 1672. A SPEECH Delivered in the Lower House of PARLIAMENT Assembled at OXFORD In the first year of the Reign of King CHARLES Mr. SPEAKER ALthough the constant VVisdome of this House of Commons did well and worthily appear in censuring that ill advised Member the last day for trenching so far into their antient Liberties and might encourage each worthy Servant of the publique here to offer freely up his Council and opinion Yet since these VValls cannot conceal from the Ears of captious guilty and revengful men withouâ— the Councel and debates within I will endeavour as my clear mind is free from any personal distaste of any one so to express the honest thoughts of my Heart and discharge the best care of my trust as no person shall justly taxe my innocent and publick mind except his Conscience shall make him guilty of such Crimes as worthily have in Parliament impeached others in elder times I will therefore with asmuch brevity as I can set down how these disorders have by degrees sprung up in our own memories how the Wisdom of the best and wisest Ager did of old redress the like And lastly what modest and dutiful course I would wish to be followed by our selves in this so happy Spring of our hopeful Master For Mr. Speaker we are not to judge but to present The redress is above ad Querimoniam Vulgi Now Mr. Speaker so long as those attended about our late Soveraign Master now with God as had served the late Queen of happy memory debts of the Crown were not so great Commissions and Gâ—ants not so often complained of in Parliaments Trade flourished Pensions not so many though more then in the late Queens time for they exceeded not 18000. l. now near 120000. l. All things of moment were carryed by publick debate at the Council-Table No honour set to sale nor places of Judicature Lawes against Priests and Recusants were executed Resort of Papists to Ambassadors houses barred and punished His Majesty by daily direction to all his Ministers and by his own Pen declaring his dislike of that Profession No wastful expences in fruitless Ambassages nor any transcendent power in any one Minister For matters of State the Council-Table held up the fit and antient dignity So long as my Lord of Somerset stood in state of grace and had by his Majesty's favour the trust of the Signet Seale he oft would glory justly there passed neither to himself or his Friends any long Grants of his Highness Lands or Pensions For that which himself had he paid 20000. l. towards the Marriage-Portion of the King's Daughter His care was to pass no Monopoly or illegal Grant and that some Members of this House can witness by his charge unto them No giving way to the sale of Honours as a breach upon the Nobility for such were his own words refusing Sir John Roper's Office then tendred to procure him to be made a Baron The match with Spain then offered and with condition to require no further toleration in Religion then Ambassadours here are allowed discovering the double dealing and the dangers he disswaded his Majesty from and left him so far in distrust of the Faith of that King and his great Instrument Gondomar then here residing that his Majesty did term him long time after a Jugling Jack Thus stood th' effect of his power with his Majesty when the Clouds of his misfortune fell upon him VVhat the future advices led in we may well remember The marriage with Spain was again renewed Gondomar declared an honest man Poperie heartened by admission of those unsure before conditions of Conveniencie The forces of his Majestie in the Palatinate withdrawn upon Spanish faith improved here and beleived by which his Highness Children have lost their Patrimony and more money been spent in fruitless Ambassages then would have maintained an Army fit to have recovered that Countrey Our old and fast Allies disheartened by that tedious and dangerous Treaty And the King our now Master exposed to so great a peril as no wise and faithful Councel would ever have advised Errors in Government more in misfortune by weak Councels then in Princes The loss of the County of Poyntiffe in France was laid to Bishop Wickham's charge in the first of Richard the 2. for perswading the King to forbear sending aid when it was required a Capital crime in Parliament The loss of the Dutchie of Maine was laid to Dela Poole Duke of Suffolk 28. Henry 6. in single and unwisely treating of a Marriage in France A Spanish Treaty lost the Palatinate VVhose Councel hath pronounced so great power to the Spanish Agent as never before to effect freedome to so many Priests as have been of late and to become a Sollicitor almost in every Tribunal or the ill-affected Subjects of the State is worth the enquiry VVhat Grants of Impositions before crossed have lately been complained of in Parliaments As that of Ale-houses Gold-Thred Pretermitted Customes and many more the least of which would have 50. Edward 3. adjudged in Parliament an heinous crime aswel as those of Lyons and Latymer The Duke of Suffolk in Henry 6. time in procuring such another Grant in derogation of the Common Law was adjudged in Parliament The gift of Honours kept as the most sacred Treasure of the State now set to saile Parliaments have been Suitors to the King to bestow those Graces as in the time of Edward 3. Henry 4. and Henry 6. More now led in by that way onely then all the merits of the best deservers huve got these last 500. years So tender was the care of elder times that it is an Article 28. Henry 6. in Parliament against the Duke of Suffolk that he had procured for himself and some few others such Titles of Honour and those so irregular that he was the first that ever was Earl Marquess and Duke of the self same place Edward the first restrained the number in pollicie that would have challenged a Writ by Tenure and how this proportion may suit with profit of the State we cannot tell Great deserts have now no other recompence then costly Rewards from the King For we now are at a vile Price of that which was once inestimable If worthy Persons have been advanced freely to places of greatest trust I shall be glad Spencer was condemned in the 15. of Edward 3. for displacing good Servants about the King and putting in his Friends and followers not leaving either in the Church or Common-Wealth a place to any before a Fine was paid unto him for his dependance The like in part was laid by Parliament on De la Poole It cannot but be a sad hearing unto us all what my Lord Treasurer the last day told us of his Majesties
how many delays there were we may easily see that such a sum by Parliament granted is far sooner and more easily gathered If any will make the successes of times to produce an inevitable necessity to enforce it levied whether in general by excise or imposition or in particular upon some select persons which is the custom of some Countreys and so conclude it as there for the publick State Suprema lege he must look for this to be told him That seeing necessity must conclude always to gather money as less speedy or assured then that so practised which cannot be fitter then by Parliament the success attendeth the humors of the heedless multitude that are full of jealousie and distrust and so unlike to comply to any unusual course of Levy but by force which if used the effect is fearful and hath been fatal to the State whereas that by Parliament resteth principally on the regal person who may with ease and safety mould them to his fit desire by a gracious yielding to their just Petitions If a Parliament then be the most speedy assured and safe way it is fit to conceive what is the safest way to act and work it to the present need First for the time of the usual Summons reputed to be 40. days to be too large for the present necessity it may be by dating the Writ lessened since it is no positive law so that a care be had that there may be one County day after the Sheriff hath received the Writ before the time of sitting If then the sum to be levyed be once agreed of for the time there may be in the body of the Grant an Assignment made to the Knights of every County respectively who under such Assurance may safely give Security proportionable to the Receipts to such as shall in present advance to the Publick service any sums of money The last and weightiest consideration if a Parliament be thought fit is how to remove or comply the differences between the King and Subject in their mutual demands And what I have learned amongst the better sort of the Multitude I will freely declare that your Lordships may be the more enabled to remove and answer those distrusts that either concern Religion Publick safety of the King and State or the just liberties of the Common-Wealth For Religion a matter that they lay nearest to their conscience they are led by this groâ—â—d of jealousie to doubt some practise against it First for that the Spanish match which was broken by the grateful Industry of my Lord of Bucking out of his Religious care as he there declares that the Articles there demanded might lead in some such sufferance as might endanger the quiet if not the State of the reformed Religion here Yet there have when he was an Actor principal in the Conditions with France as hard if not worse to the preservation of our Religion passed then those with Spain And the suspect is strengthened by the close keeping of this Agreement in that point there concluded It is no less an Argument of doubt to them of his Affections in that his Mother end others many of his Ministers of neer imployment about him are so affected They talk much of his advancing men Papistically devoted some placed in the camp of nearest service and chief Command And that the Recusants have gotten these late years by his power more of courage and assurance then before If to clear these doubts which perhaps are worse in fancy then in truth he took a good course it might much advance the Publick service against those squeymish humors that have more violent passion then setled judgment are not the least of the opposite number in the Common-Wealth The next is The late misfortunes and losses of Men Munition and honour in our late Vndertakings abroad Which the more temperate spirits impute to want of Councel and the more sublime wits to practise They begin with the Palatinate and by the fault of the loss there on the improved credit of Gondomar distrusting him for the staying of supplyes to Sir Horace Vere when Colonell Cecill was cast on that imployment by which the King of Spain became Master of the King's Children's Inheritance And when Count-Mansfield had a Royal Supply of Forces to assist the Princes of our part for the Recovery thereof either plot or error defeated the Enterprize from Us to Spains great advantage That Sir Robert Mansfield's expedition to Algiers should purchase only the security and guard of the Spanish Coasts To spend so many hundred thousand pounds in the Cales Voyage against the advice of Parliament onely to warn the King of Spain to be in a readiness so to weaken our selves is taken for such a sign of ill affection to him amongst the multitude The spending of so much Munition Victuals and Money in my Lord Willoughbie's journey is conceived an Vnthrifty Error in the Director of it to disarm our selves in fruitless Voyages nay to some over-curious seems a plot of danger to turn the quarrel of Spain our antient enemy that the Parliament petitioned and gave supply to support upon our Ally of France and soon after a new happy Tye gave much talk that we were not so doubtful of Spain as many wish since it was held not long ago a fundamental Rule of Their security and Our's by the old Lord Treasurer Burleigh That nothing can prevent the Spanish Monarchy but a fastness of the two Princes whose Amity gave countenance and courage to the Netherlands and German Princes to make head against his Ambition And we see by this dis-union a fearful defeat hath happened to Denmark and that party to the great advantage of the Austrian Family And thus far of the Waste of publick Treasure in fruitless Expeditions An important cause to hinder any new supply in Parliament Another fear that may disturb the smooth and speedy passage of the King's desires in Parliament is the late waste of the Kind's Lively-hood Whereby is like as in former times to arise this Jealousie fear That when he hath not of his own to support his ordinary charge for which the Lands of the Crown were setled unalterable and called Sacrum Patrimonium Principis that then he must of necessity rest on those Assistances of the people which ever were only collected consigned for the Common-Wealth From hence is is like there will be no great labour or stiffness to induce his Majesty to an act of Resumption since such desires of the State have found an easie way in the will of all the Princes from the third Henry to the last But that which is like to pass deeper into their disputes and care is the late pressures they suppose to have been done upon the publick libertie and freedom of the Subject in commanding their Goods without assent by Parliament confining their persons without especial cause declared and that made good against them by the Judges lately and pretending a Writ