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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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produce no Example of any Provincial Councel by call of the King For. Bodin lib. 1. cap. 6. towards the end writeth that the Kings of Spain Non sine magna mercede impetraverunt Sixti Pontificis Romani rescripto ne perigrinis sacerdotia tribuerentur Appeals from the King to Rome allowed So the Kings of Spain have meerly no power Ecclesiastical having dispoyled himself of all by inthralling their Kingdom to the Church of Rome Precedency of England in respect of Eminency of Royall Dignity THe Kings of England are anointed as the Kings of France who only have their preheminence before other Kingdoms declared by miracle in the cure of the Regius morbus which they can effect only and that of antiquity For Edward the Confessor healed many 2. They are superiour Lords of the Kingdome of Scotland and Man and Vicarii Imperii as Edward the third and Oswald intituled Rex Christianissimus ve Peda lib. 2. 3. They are named Filii adoptivi Ecclesiae as the Emperour Filius Primogenitus and the King of France Filius natu minor vide Platina 4. They are accompted among Reges super illustres in this order Imperator Rex Franciae Rex Angliae Franciae vide Corsettus 5. England in the General Councels at Constance and Pisa was made a Nation when as all Christianity was divided into four Nations Itallicam Gallicam Germanicam Anglicam Ex lib. sacrarum Ceremoniarum Ecclesiae Romanae 6. Whereupon seat accordingly was allowed at the three General Councels viz. Constance Pisa Sienna to the English Ambassadors next to the Emperour on the left hand and to the King of France on the right hand which were their Ancient seats before the Spaniards at Basill 1431. begun to contend for Precedency Where it was in the first Session ordered that all Legats should hold such their places as they had enjoyed heretofore according to their worth and antiquity Yet in the Councel of Trent the precedency of France with Spain was made questionable Augustus de Cavalles as the strongest reason to bar the French Interest inferred the Queen of England from her Ancestors both in respect of Inheritance Conquest and Gift de jure Queen of France By which reason when he doth shake or overthrow as he thinketh the Precedency of France he doth consequently strengthen the Precedency of England And in Treaty between Henry the seventh and Philip of Castile 1506 the Commissioners of England did subsign betore the other And in the Treaty of Marriage with Queen Mary Anno 1553 those of England are first rehearsed And at Burbrough Anno 1588. they gave it to her Majesties Ambassadors And yet in respect of the Eminency of this Royal throne to the See of Canterbury was granted by Vrbane at the Councel of Claremount Anno 1096. for ever the seat in General Councel at the Popes right foot who at that time uttered these words Includamus hunc in orbe nostro tanquam alterius orbis Pontificem Maximum Subsequence of Spain 1. The Kings of Castile are never anointed neither hath the Spanish Throne that vertue to endow the King therein invested with the power to heal the Kings evil For into France do yearly come multitudes of Spaniards to be healed thereof 2. No Kingdom held in fee of him 3. Spain then not remembred one of the Sons of the Church 4. The King of Spain placed last after the King of England inter super illustres by the said Corsettus 5. The Kingdome was then comprised under Itallica natio and no Nation of it self as in old it was called Iberia minor as a member of Italy Iberia major England being Britannia major At which time the Spaniard contented himself with the place next to the King of France Precedency of England before Spain in respect of the Nobility of Blood HEr Majesty in Lineal discent is deduced from Christian Princes for 800 years by Ethelbert a Christian 596. and the Matches of her progenitors most Royal with France Germany Spain Subsequence of Spain For their Antiquity of discent as Kings of Spain is chiefly from the Earls of Castilia about 500 years since For they cannot warrant their discent from Atalaricus the Goth and as Dukes of Austria from the Earls of Hapsburgh only about 390 years since Their matches anciently for the most part with their subjects and of late in their own blood Precedency of England in respect of antiquity of Government HEr Majesty having raigned now most happily 42 years This we would not have alledged but that the Spanish Ambassador at Basil objected in this respect the minority of Henry the sixth Her sex herein nothing prejudicial when as both divine and humane Laws do allow it and accordingly Spain England and Hungary insomuch that Mary Queen of the last was always stiled Rex Mario Hungariae Vide Tilius Subsequence of Spain The King of Spain yet in the Infancy of his Kingdome For the Precedency may be alledged viz. The Antiquity of the Kingdom when as Castile Arragon Navar and Portuguall had their first Kings about 1025. The ancient receiving of the Christian Faith by Joseph of Aramathea Simon Zelotes Aristobulus yea by St. Peter and St. Paul as Theodoretus and Sophrinius do testifie The Kingdome is held of God alone acknowledging no superiour and in no vassalage to the Emperour or Pope as Naples Sicilia Arragont Sardinia and Corsica c. Sir Thomas Moore denyeth that King John either did or could make England subject to the Pope and that the Tribute was not paid pag. 296. but the Preter-pence were paid to the Pope by K. John by way of Alms. The absolute power of the King of England which in other Kingdomes is much restrained England is accompted the fourth part of Christendome For in the Councel of Constance all Christianity was divided in nationem viz. Italicam Germanicam Gallicanam Anglicanam and accordingly gave voices England in the opinions of the Popes is preferred because in it is conteined in the Ecclesiastical division two large Provinces which had their several Legatinati when as France had scantly one The Emperour is accompted major filius Papae the King of France filius minor the King of England filius adoptivus The Archbishops of Canterbury are accompted by the people tanquam alterius orbis Papae and anointed to have place in General Councels at the Popes right foot The title of Defensor fidei as honourably and as justly bestowed upon the Kings of England as Christianissimus upon the French or Catholicus upon the Spaniard Edward the third King of England was created by the Emperour Vicarius Perpetuus Imperii cum jure vitae necisque in omnes Imperii snbditos and the Kings of England Papae Vicarii by Pope Nicholas the second vide COPGRAVE Innocentius the fourth the Pope said vere hortus deliciarum est Anglia vere pateus inexhaustus ubi
multa abundant c. King Hen. 2. elected King of Jerusalem by the Christians Richard the first conquered the Kingdome of Cyprus and gave it unto Guy Lusigrian whose posterity raigned there until of late years Kings of England are superiour Lords of the Kingdom of Scotland and are absolute Kings of all the Kingdom of Ireland England is not subject to Imperial and Roman Laws as other Kingdoms are but retaineth her ancient Laws and Pura municipialia King Henry the sixth was Crowned King of France at Paris The Kings of England did use the stile of a Soveraign viz. Alti conantis Dei Largiflua Clementiae qui est Rex Regum Dominus Dominorum Ego Edgarus anglorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Omniumque Regum Insularumque Oceani Britanici Circumjacentium cunctarumque Nationum quae infra cam includuntur Imperator ac Dominus A REMONSTRANCE OF THE TREATIES OF AMITY AND MARRIAGE Before time and of late of the House of AVSTRIA and SPAIN with the Kings of England to advance themselves to the Monarchy of Europe Written by Sir Robert Cotton Knight and Baronet LONDON Printed in the Year 1672. A REMONSTRANCE OF THE TREATIES OF AMITY AND MARRIAGE Before time and of late of the House of AVSTRIA and SPAIN c. Most Excellent Majesty WE your Lords Spiritual and Temporal and the Commons of your Realm Assembled in this your Parliament having received out of your meer grace your Royal command to declare unto your Highness our advice and Counsel for the further continuing or final breaking of the two Treaties between your Majesty the Emperor and the Spanish King touching the rendition of the Palatinate to the due and former obedience of your Illustrious Son the Prince Palatine and that of Marriage between the Lady Mary Infant of Spain and the most excellent Prince your Son now Prince of Wales We conceive it not unfit to offer up to your admired wisdom and consideration these important Motives that induced our subsequent advice and resolution By contemplation whereof we assume to our selves that your Majesty apparently seeing the infinite Calamity fallen of late unto the Christian world by means of these disguised Treaties of Amity and Marriage before time frequently used with your progenitors and now lately with your self by the House of Austria and Spain to advance themselves to the Monarchy of Europe will graciously be pleased to accept our humble advice Maximilian the Emperor and Ferdinand of Spain uniting by marriage the possessions of the House of Austria the Netherlands Arragon Castile Sciciliae and their new discoveries to one succeeding heir began though a far off to see a way whereby their Grandchild Charls might become the Master of the Western world and therefore each endeavoured by addition of Territories to facilitate that their desired end France was the only obstacle whose ambition and power then was no less than theirs he lay in their way for Gelders by siding with Duke Charls for Navarre by protecting Albert their King for their peeces in Italy by confederation with the State of Venice and for Naples and Millain by pretence of his own They were too weak to work out their way by force and therefore used that other of craft Lewis is offered for his daughter Claude the Marriage of Charls their Grandchild it is at Bloys accepted and to them confirmed by oath the claim of France to Naples by this released one hundred thousand Crowns yearly by way of recognition only to France reserved who is besides to have the investure of Millain for a sum of money which the Cardinal D'amboyes according to his Masters Covenant saw discharged Ferdinand thus possessed of what he then desired and Maximilian not meaning to strengthen France by addition of that Dutchy or repayment of the money broke off that Treaty to which they were mutually sworn affiancing Charls their Heir to Mary the Daughter of Henry the 7th to whose son Arthur Ferdinand had married Katharine his youngest daughter This double knot with England made them more bold as you see they did to double with France but he Prince of Wales his untimely death and his fathers that shortly followed enforced them to seek out as they did another tye the Spirit and power of Lewis and their provocations justly moving it they make up a second Marriage for Katharine with Henry the eighth Son of Henry the seventh and are enforced to make a Bull dated a day after the Popes death to dispence with it and consummate per verba de praesenti by Commissioners at Callis the former Nuptuals of Charles and Mary publishing a Book in print of the benefit that should accrew to the Christian world by that Alliance Henry the eighth left by his father young and rich is put on by Ferdinand to begin his right to France by the way of Guyen and to send his forces into Spain as he did under the Marquess Dorset to joyn with his Father in Law for that design by reputation whereof Albert of Navarre was enforced to quit that State to Spain who intended as it proved no further use of the English Army than to keep off the French King from assisting Albert until he had possessed himself of that part of Navarre which his successors ever since retain For that work ended the English Forces were returned home in Winter nothing having advanced their Masters service The next year to assure Henry the eighth grown diffident by the last carriage of Maximilian and Ferdinand whose only meaning was to lie busying of the French King at home to make an easie way abroad to their former ends project to the English King an enterprise for France to which they assured their assistance by mutuall confederacy at Mecklin for which Bernard de Mesa and Lewis de Carror for Castile and Arragon and the Emperor in person gave oath who undertook as he did to accompany Henry the eighth to Turwyn Ferdinand in the mean time dispatching the Vice-roy of Naples into Italy to busie the French King and Venetian that the English King with facility might pursue the conquest of France Henry the eighth had no sooner distressed the French King but Ferdinand respecting more his profit than his faith closed with Lewis who renounced the protection of Navarre and Gelders so bee and Maximilian would forsake the tye they had made with Henry the eighth The Vice-Roy of Naples is instantly recalled from Bressa a true with Spain and France concluded Quintean sent to the Emperor to joyn in it Don John de Manuel and Diego de Castro imployed to work the Emperor and Charles the Grandchild to exchange the marriage of Mary Henry the eighths Sister with Reve the second daughter of the French King and Lewis himself to take Elanor their Neece to wife and to clear all dispute about the conditions a blanck is sent from Spain to the French King to over-write what he please Henry the eighth perceiving this
hath been truly observed that the Nations of Europe which are most remote from Rome are more superstitiously inclined to the dregs of that place then the nearer neighbours of Italy whether that humour proceeds from the Complexion of the Northern Bodies which is naturally more retentive of old Customes than hotter Regions or that the vices of the City seated on seven Hills are by crafty Ministers of that See concealed from the vulgar sort I list not now to discuss but most certain it is that the people of this Isle exceed the Romans in zeal of their profession In so much that in Rome it self I have heard the English Fugitives taxed by the name of Pichia pelli Inglesi Knock-brests id est Hypocrits now as our Countrey-men take surer hold-fast of Papall traditions then others so are they naturally better fortified with a Courage to endure Death for the maintenance of that cause for this Clymate is of that temperature out of which Vegetius holdeth it fittest to chuse a valiant souldier where the Heart finding it self provided with plenty of bloud to sustain suddain defects Is not so soon apprehensive of death or dangers as where the store-house of bloud being small every hazzard maketh pale cheeks and trembling hands Angli say Ancient writers bello intrepidi nec mortis sensu deterrentur And thereunto Botero the Italian beareth witness in his Relations Many strangers therefore coming out of Forraign parts among the rarities of England desire to see whether Report hath not been too lavish in affirming that our condemned Persons yield their Bodies to Death with cheerfullnesse and were it not that by daily experience we can call our selves to witness of this truth I could produce the Reverend Judge Fortescue who in commendation of our English Laws made suitable as he well observeth to the imbred Conditions of the imhabitants of this soil avoweth that the English people in tryal for Criminal causes are not compelled by tortures to confess as in other Nations it is used for as much as the quality of the English is known to be less fearful of death than of torments for which cause if the torments of the Civil Law were offered to an innocent person in England he would rather yield himself guilty and suffer death then endure the horror of lingring pains Insulani plerunque Fures saith one and so true it is that this Countrey 〈◊〉 stained with that imputation notwithstanding that many are put to death to the end that others by their fall might learn in time to beware If then it do appear that terrour prevails not to keep men from offences which are condemned by Law and Conscience what assurance can there be to scare those who are constantly satisfied in their minds that their sufferings are either expresly or by implicitation for matter of Religion and health of their Souls in such case to threaten death to English-men Quibus nihil interest humine sublimi ne putrescant is a matter of small consequence Purpuratis Gallis Italis aut Hispanis ista minitare to a setled resolution it boots not to shew the dreadful visor of death Menaces to prolong a wearisome life prevail much more in such cases Rightly did Clement the eighth consider that by burning two English-men in Rome for supposed Heresie he rather impaired his Cause than better'd it insomuch that many present at the resolute death of Mr. Marsh who was brought to dust in Campo di Sancta Fiore spared not to proclaim himself a Martyr carried away of his ashes for a Relique and wished their souls in the same place with his which news brought to the Popes ear caused him as it was bruited about Rome solemnly to protest that none of the English Nation should publiquely from that time be consumed with fire on the other side if we read the Volumes written in praise of their Priests Constancy the Martyrology or Callender of Martyrs and path way of Salvation as it were chalked out unto the Papists by sacrifizing their lives for the Pope we shall find that by taking away of one we have confirmed and united many whereof I could give particular instance if I thought any scruple were made in that point As for forraign parts which hold with the Papall Supremacy it is clear that they will be severe and partial judges in this cause for albeit that here in England It is well known to all true and loyal Subjects that for matter of Roman doctrine no mans life is directly called into question but that their disobedience in reason of State is the motive of their persecution Nevertheless where a great Canker of Christendome is rooted in a contrary opinion and things in this world are for the most part esteemed by outward appearance this Land cannot escape malicious scandalls neither shall there be want of Colleges to supply their Faction with Seminaries Therefore again and again I say that if the state of the question were so set that it were possible by a general execution of the Priests and their adherents to end the controversie I could in some sort with better will subscribe thereunto But seeing I find little hope in that course I hold it safer to be ambitious of the victory which is purchased with less loss of bloud and to proceed as Tully teacheth his Orator vvho vvhen he cannot vvholly overthrow his Adversary yet ought he to do it in some part and with all endeavour to confirm his own party in the best manner that may be IV. He that forbeareth to sow his ground in expectance of a good Winde or favorable Moon commonly hath a poor crop and purse so shall it fare with this State if private whisparings of discontented persons that never learn't to speak well be too nicely regarded yet ought they not to be sleightly set at nought lest our credit grow light even in the ballance of our dearest friends The Papisticall Libellers inform against us as if we were desirous to grow fat with sucking of their bloud the very walls of their Seminary Colledge at Rome are bedawbed vvith their lying Phansies and in every corner the Corner-creepers leave some badge of their malicious spleen against us crying out of Cruelty and Persecution but if the penalty of death be changed into a simple indurance of prison what moat in our eyes can they finde to pull out or vvith vvhat Rhetorick can they defend their obstinate malapartness which with repaying us ill for good deserve to have coals of indignation poured upon their heads Visne muliebre Consilium said Livia to Augustus Let severity sleep a while and try what alteration the pardoning of Cinna may procure The Emperour hearkned to her Counsell and thereby found his Enemies mouthes stopped and the fury of their malice abated Some there are perchance that will term this Clemency innovation and vouch the President of that City which permitteth none to propound new Laws that had