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

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Desiderius Luitprandus and the Mother Church discontinued amongst the Lombards as soon as they grew Civilized in Italy yet it continued till of late with us as a mark of our longer barbarisme Neither would we in this obey the See of Rome to which we were in many respects observant children which for that in the Duell Condemnandus saepe abslovitur quia Deus tentatur decreed so often and streightly against it In England this single Combat was either granted the party by license extra-judiciall or legall process The first was ever from the King as a chief flower of his Imperiall Crown and it was for exercise of Arms especially Thus did Richard 1. give leave for Tournaments in five places in England inter Sarum Winton inter Stamford Wallingford c. ita quod pax terrae nostrae non infringetur nec potestas justiciara minorabitur For performance whereof as likewise to pay unto the King according to their qualities or degrees a sum of money proportionable and that of a good value and advantage to the Crown they take a solemn Oath The like I find in 20 E. 1. and 18 E. 3. granted Viris militaribus Comitatus Lincoln to hold a Just there every year Richard Redman and his three Companions in Arms had the licence of Rich. 2. Hastiludere cum Willielmo Halberton cum tribus sociis suis apud Civitat Carliol The like did H. 4. to John de Gray and of this sort I find in records examples plentifull Yet did Pope Alexand. the fourth following also the steps of his Predecessors Innocentius Eugenius prohibit throughout all Christendome Detestabiles nundinas vel ferias quas vulgo Torniamenta vocant in quibus Milites convenire solent ad oftentationem virium suaram audaciae unde mortes hominum pericula animarum saepe conveniunt And therefore did Gregory the tenth send to Edward the first his Bull pro subtrahenda Regis praesentia à Torniamentis à partibus Franciae as from a spectacle altogether in a Christian Prince unlawfull For Gladiatorum sceleribus non minus cruore profunditur qui spectat quàm ille qui facit saith Lactantius And Quid inhumanius quid acerbius dici potest saith Saint Cyprian then when homo occiditurs in voluptatem hominis ut quis possit occidere peritia est usus est ars est Scelus non tantùm geritur sed docetur Disciplina est ut primere quis possit Gloria quòd periunt And therefore great Canstantine as a fruit of his conversion which Honorius his Christian successor did confirme established this edict Cruenta spectacula in otio civili domesticâ quiete non placent quapropter omninò Gladiatores esse prohibemus And the permission here amongst us no doubt is not the least encouragement from foolish confidence of Skill of so many private quarrells undertaken Combats permitted by Law are either in causes Criminal or Civil as in appeals of Treason and then out of the Court of the Cons●able and Marshal as that between Essex and Montford in the raign of Henry the first for forsaking the Kings Standard That between Audley and Chatterton for betraying the fort of Saint Salviours in Constant the eighth year of Richard the second And that of Bartram de Vsano and John Bulmer coram Constabulario Mariscallo Angliae de verbis proditoris Anno 9. H. 4. The form hereof appeareth in the Plea Rolls Anno 22. E. 1. in the case of Vessey And in the Book of the Marshals Office in the Chapter Modus faciendi Duellum coram Rege In Appeals of Murther or Robbery the Combat is granted out of the Court of the Kings Bench. The Presidents are often in the books of Law and the form may be gathered out of Bracton and the printed Reports of E. 3. and H. 4. All being an inhibition of the Norman Customes as appeareth in the 68th chapter of their Customary from whence we seem to have brought it And thus far of Combats in Cases Criminall In Cases Civill it is granted either for Title of Arms out of the Marshals Court as between Richard Scroop and Sir Robert Grosvenor Citsilt and others Or for Title of Lands by a Writ of Right in the Common-Pleas the experience whereof hath been of late as in the Case of Paramour and is often before found in our printed Reports where the manner of darraigning Battail is likewise as 1 H. 6. and 13 Eliz. in the L. Dyer expressed To this may be added though beyond the Cognisance of the Common Law that which hath in it the best pretext of Combat which is the saving of Christian ●loud by deciding in single fight that which would be otherwise the effect of publick War Such were the Offers of R. 1. E. 3. and R. 2. to try their right with the French King body to body and so was that between Charles of Arragon and Peter of Terracone for the Isle of Sitilie which by allowance of Pope Martin the 4th and the Colledge of Cardinalls was agreed to be fought at Burdeux in Aquitain Wherein under favour he digressed far from the steps of his Predecessors Eugenius Innocentius and Alexander and was no pattern to the next of his name who was so far from approving the Combat between the Dukes of Burgundy and Glocester as that he did inhibit it by his Bull declaring therein that it was Detestabile genus pugnoe omni divino humano jure damnatum fidelibus interdictum And he did wonder and grieve quod ira ambitio vel cupiditas honoris humani ipsos Duces immemores faceret Legis Domini salutis aeternae qua privatus esset quicunque in tali pugna decederat Nam saepe compertum est superatum fovere justitiam Et quomodo existimare quisquam potest rectum judicium ex Duello in quo immicus Veritatis Diabolus dominatur And thus far Combates which by the Law of the Land or leave of the Soveraign have any Warrant It rests to instance out of a few Records what the Kings of England out of Regal Prerogative have done either in restraint of Martial exercises or private quarrels or in determining them when they were undertaken And to shew out of the Registers of former times which what eye the Law and Justice of the State did look upon that Subject that durst assume otherwise the Sword or Sceptre into his own hand The restraint of Tournaments by Proclamation is so usuall that I need to repeat for form sake but one of many The first Edward renowned both for his Wisedome and Fortune Publice fecit proclamari firmiter inhiberi ne quis sub forisfactura terrarum omnium tenementorum torneare bordeare justas facere aventuras quaerere seu alias ad arma ire praesumat sine Licentia Regis speciali By Proclamation R. 2. forbad any
l. a yeare out of all other annual pensions ratably leaving the remain if any to the Pattentees Hen 6. annis 28. 29. 33. resumeth in England all Lands offices liberties and grants from annis primo and the like anno 21. in Ireland So did Edward 4 annis 4. 7. 12. And Henry 7. anno 2. resumed all grants made by Edward 4. or Richard 3. Particular by Lones Or Benevolences Voluntary Or Compulsive First upon Lones voluntary as upon assurance of Bond of the Nobility So was William de la Poole bound for Edward 3. anno 13. in great summes and the. Duke of Glocester anno 20. Henry 6. and the Cardinal pawned Ws silver Vessels for Henry 6. debt Vpon pawn of Jewels Thus did Henry 3. anno 26. to the Archbishop of York and when his own were at gage he took Aurum et Jocalia faeretri sancti Edwardi Confessor and pawned them Edward 1. imployed one Andevar ad jocalia sua impignoranda Edward 2. pawned his Jewels to the Lord Beaumont Edward 3. pawned Magnam Coronam Angliae to Sir John Wessingham for 8. years Richard 2. pawned vasa aurea et diversa jocalia to Sir Robert Knolls Henry 4. Invadiavit tabellam et tresellas suas argenteas de Hispania Henry 5. pawned his great Crown to the rich Bishop of Winchester Henry 6. to the same man then Cardinal pawned many parcels of his Jewels in the 10 12. and 29. of his reign and the like to many others And the late Queen to ease her people did the like with her Jewels in the Tower besides the often morgage of her land Lones voluntary upon Assignments of Customes and Subsidies So did Cardinal Beauford lend 10000. l. to Henry 6. anno 22. upon security of the Customes of London and Southampton the King indenting to turn the course of most trade thither And Henry 6. anno 15. and Edward 4. anno 12. did secure their debts by assignment over of the next Subsidie or aide that shall be granted from the Church or Laity to them being a devise in truth to draw on a supply the sooner from the State Lones voluntary upon the Great Seal or the Privy Seal The Great Seal under which they should have without paying Fee a Patent sealed for repayment of their dues by a day certain The Privy Seal which is of late the most in use and it is worthy of observation to see the willingness of former times in respect of these In the 13. of Henry 4. there is a Roll intituled les nomes de ceux que ont da prester an Roy les somnes escrits The Arch-bishop of Canterbury lent 1000. Marks the Bishop of Lincoln as much the Bishop of Norwich 600. l. the Bishop of London 500. Markes the Bishop of Bath 400 Marks the Lord Privy Seal 200. l. the Clerks of the Chancery 1000. Markes Particular Grants of the Subject by Lone compulsive So were the Merchants of Florence Venice and Luke compelled by an order in Councel 3 Henry 3. because they had by grace et sufferance du Roy graunts priviledges et reportants grand lucre pour le exercise de leur Merchandre en le Angle terre And the persons that refused to lend were committed to the Fleet neither were the English more free in anno 30. Henry 6. divers being enjoyned to attend the Councel-table or else to pay the demanded Lone In the time of Henry 8. anno 14. of his Reign he exacteth by way of Lone ten pounds in the hundred of all goods jewels utensils and land and according to the extreamest rate revealed by Oath of the possessors Notwithstanding there is a Law 2. Richard 2. that none shall be denyed in demand of any Lone his reasonable excuse Particular Grants of the subjects by contribution or Benevolent gifts These were of old usual and free and therefore called Liberalitas populi by Richard 1. and Curialitas by Ed 1. Ed. 3. Henry 4. and Henry 5. confessed to proceed ex spontane voluntate nec de jure vendicare potest Yet did Henry 6. anno 20. in an instruction to Commissioners imployed in procuring a Benevolence say that for so much as by the Law he might compel all his Subjects and at their own charge to attend his yet he was contented to spare such as would but contribute asmuch after his degree and reputation as two days in his personal service would stand him in thereby implying a necessity in them to give to escape a further expence This Law upon which Henry 6 grounded himselfa was by a Statute in Queen Maries time repealed And that since repealed this last year hath made are reviving of the former whereby the King is readmitted into his old advantages and the subject in the former mischief And Henry 8. anno 17. Although he entituleth the benevolence he sought with no other stile then an amicable grant yet he threatened the refusers with convention before his Councel imprisonment and confiscation of Goods THe Kings raise money and improve and revenues of the Crown By power absolute in the Soveraign in disposing 1. Lands 2. Merchandize 3. Regalities 1. Lands as by selling which hath been often the old if they were not of the Antient demeasne-land which our forefathers held impious to alienate from the Crown and those were such Lands as go under the title of Terra Regis in the Book of Domesday and were the Lands of Edward confessor of other Lands I never observed question neither do ever find that Acts of Resumptions ever reached to Lands that were sold for valuable consideration By passing in Fee-farm except places of the Kings Residence Parks spacious Wastes or Forrests all the Lands of the the Crown which remain either in the annexation custody lands or Queens jointure and exceed not yearly 32000. l. These although largely estated out in several natures some for lives some for years will one with the other be advanced to a treble rent which amounting to 96000. l. leaving an annual improvement of 64000. And if the offer be not made restrictive for the new Tenant there is no doubt but his Majesty shall find ready and hearty undertakers amongst the Gentry and Nobility too who have any place of Residence neer any his Majesties Mannors and the Kings security the better since their abilities will settle the Pre-farm rent upon more Land then the purchase If any shall object against this a loss by Fines and Profits of Courts a prejudice in not serving necessity as of late by sales or diminution of Regalities in seisure of so many Royalities It may be answered to the first that the casual profits of Courts never defrayed to the present Officers their fees and expences and this appeareth from a collection made the 44. year of the late Queen where the total issue of such certain charge exceeded the receipt of such chances above 8000. l. To the
great Debts high Engagements and present wants The noise whereof I wish may ever rest inclosed within these Walls For what an incouragement it may be to our Enemies and a disheartning to our Friends I cannot tell The danger of those if any they have been the cause is great and fearful It was no small motive to the Parliament in the time of Henry 3. to banish the Kings half-Brethren for procuring to themselves so large proportion of Crown Lands Gav●ston and Spencer for doing the like for themselves and their followers in Edward the 2. time and the Lady V●ssy for procuring the like for her Brother Beaumont was banished the Court. Michael de la Poole was condemned the 20. of Richard 2. in Parliament amongst other Crimes for procuring Lands and Pensions from the King and having imployed the Subsidies to other ends then the grant intended His Grand-Child William Duke of Suffolk for the like was censured 28. Henry 6. The great Bishop of Winchester 50. Edward 3. was put upon the Kings mercy by Parliament for wasting in time of Peace the Revenues of the Crown and gifts of the People to the yearly oppression of the Common-VVealth Offences of this Nature were urged to the ruining of the Last Duke of Somerset in Edward 6. time More fearful Examples may be found too frequent in Records Such Improvidence and ill Council led Henry the third into so great a strait as after he had pawned some part of his Forreign Territories broke up his House and sought his Diet at Abbies and Religious houses ingaged not onely his own Iewels but those of the Shrine of Saint Edward at Westminster he was in the end not content but constrained to lay to pawne as some of his Successors after did Magnam Coronam Angliae the Crown of England To draw you out to life the Image of former Kings extremities I will tell you what I found since this Assembly at Oxford written by a Reverend man twice Vice-Chancellour of this place his name was Gascoign a man that saw the Tragedy of De la Poole He tells you that the Revenues of the Crown were so Rent away by ill Councel that the King was inforced to live de Tallagiis Populi That the King was grown in debt quinque centena millia librarum That his great Favourite in treating of a Forrieign Marriage had lost his Master a Forreign Dutchie That to work his ends he had caused the King to adjourn the Parliament in Villis remoti partibus Regni where few People propter d●fectum hospitii victualium could attend and by shifting that assembly from place to place to inform I will use the Authors words illos paucos qui remanebunt de Communitate Regin concedere Regi quamvispessima VVhen the Parliament endeavoured by an Act of Resumption the just and frequent way to repair the languishing State of the Crown for all from Henry 3. but one till the 6. of Henrry 8. have used it this great man told the King it was ad dedecus Regis and forced him from it To which the Commons answered although vexati laboribus expensis Quod nunquam concederent taxam Regi until by authority of Parliament r●su●eret actualiter omnia p●rtinentia Coronae Anglioe And that it was magis ad dedecus Regis to leave so many poor men in intolerable VVant to whom the King stood then indebtad Yet nought could all good Councel work until by Parliament that bad great man was banished which was no sooner done but an Act of Resumption followed the inrollment of the Act of his Exilement That was a speeding Article against the Bishop of Winchester and his Brother in the time of Edward 3. that they had ingrossed the person of the King from his other Lords It was not forgotten against Gaveston and the Spencers in Edward 2. time The unhappy Ministers of Richard 2. Henry 6. and Edward 6. felt the weight to their Ruine of the like Errors I hope we shall not complain in Parliament again of such I am glad we have neither just cause or undutiful dispositions to appoint the King a Councel to redress those Errors in Parliament as those of the 42. H. 3. We do not desire as 5. H. 4. or 29. H. 6. the removing from about the King of evil Councellors We do not request a choise by name as 14. E. 3. 3. 5. 11. R. 2. 8. H. 4. or 31. H. 6. nor to swear them in Parliament as 35 E. 1. 9. E. 2. or 5. R. 2. or to line them out their directions of rule as 43. H. 3. and 8. H. 6. or desire that which H. 3. did promise in his 42. year se act●o●nia per assensum Magnatum de Concilio suo electorum sine eor assensu nihil We only in loyal duty offer up our humble desires that since his Majesty hath with advised Judgement elected so wise religious worthy Servants to attend him in that high imployemnt he will be pleased to advise with them together a way of remedy for those disasters in State led in by long security and happy peace and not with young and single Councel A SPEECH Made by Sir ROB. COTTON Knight and Baronet before the Lords of his Majesties most Honourable PRIVYCOVNCEL At the Councel Table being thither called to deliver his Opinion touching The ALTERATION OF COYNE 2. Sept. Annoque Regni Regis Caroli 2. LONDON Printed in the Year 1672 A SPEECH Touching the ALTERATION OF COYNE My LORDS SInce it hath pleased this Honourable Table to command amongst others my poor Opinion concerning this weighty Proposition of money I must humbly ctave pardon if with that Freedome that becomes my duty to my good and gratious Master and my obedience to your great command I deliver it so up I cannot my good Lords but assuredly conceive that this intended Project of enhauncing the Coyne will trench both into the Honour the Justice and the Profit of my Royal Master very farre All Estates do stand Mag is Famâ quam Vi as Tacitus saith of Rome and Wealth in every Kingdome is one of the Essential marks of their Greatness and that is best expressed in the Measure and Puritie of their Monies Hence was it that so lohg as the Roman Empire a Pattern of best Government held up their Glory and Greatness they ever maintained with little or no charge the Standard of their Coine But after the loose times of Commodus had led in Need by Excess and so that Shift of Changing the Standard the Majesty of that Empire fell by degrees And as Vopiscus saith the steps by which that State descended were visibly known most by the gradual alteration of their Coine And there is no surer Symptome of a Consumption in State then the corruption in money What renown is left to the Posterity of Edward the first in amending the Standard both in purity and weight from that of elder and more barbarous times must stick