THE ANTIQUITY AND DIGNITY OF PARLIAMENTS Written by Sir ROBERT COTTON LONDON Printed for Norman Nelson at Grays-Inne-Gate in Holbourn Anno Domini 1680. That the Kings of England have been pleased usually to Consult in the Great Council of Marriage Peace and War with their Peers and Commons in Parliament TO search so high as the Norman Conquest that is necesary to lay down the Form and Government of those Times wherein State-Affairs were led in another Form of publick Councils For the People wrought under the Sword of the First William and his Followers to a subjected Vassallage and could not possess in such Assemblies the Right of their former Liberties Division and Power having mastered them and none of their own Nobility and Heads being left either of Credit or Fortunes What he retained not in Providence as the Demesnes of the Crown or reserved in Piety as the Maintenance of the Church he parted to those Strangers that sailed along with him in that Barque of his Adventure leaving the Natives for the most part as appeareth in his Survey in no better condition than Villainage He moulded their Customs to the manner of his own Countrey and forbare to grant the Laws of holy Edward so often called for To supply his occasions of Men Money and Provision he ordered that all those that enjoyed any fruit of his Conquest should hold their Lands proportionable by so many Knights Fees of the Crown admitted them to enfeoff their Followers with such parts as they pleased of their own Portions which to ease their Charge they did in his and his Sons times by two Enfeoffments the one de Novo the other de Veteri This course provided him the body of the War the Money and Provision was by Head-age assessed on the common People at the Consent of the Lords who held in all their Seigniories 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 his Majesty after more than to retrench the Force of his Aristocoited that was in time like to strangle the Monarchy Though others foresaw the Mischiefs betimes yet none attempted the Remedy until King John whose over-hasty Undertaking brought in these Broyls of the Barons Wars There needed not before this Care to advise with the Commons in any publick Assembly when every Man in England by Tenure held himself to his great Lord's Will whose presence was ever regnized in those great Councils and in whose Assent his dependant Tenant's Consent was ever included Before this King's Time then we seek in vain for any Commons Called they were ever Called for making of Laws but not to Consult touching War or Peace He first as may be gathered though darkly by the Records used their Counsels and Assents in the 6th year of his Reign Here is the first Summons in Record to the Peers or Barons Tractatur de magnis ardinis negotiis It was about a War of Defence against the French and at that time the Commons were admitted As this time that may fitly be gathered by this Ordinance Provisum est communi assensu Archiepiscoporum Commotium Barronium omnium fidelium nostrorum Angliae quod novem Milites per Angliam inveniend de communi Ro. And this was directed to all the Sheriffs in England the ancient use in publick Laws From this there is a break until 18 Hen. 3. where the next Summons extant is in a Plea-Roll of that year but the Ordinances are lost from thence the Record affords no light until the 49th of the same King where then the Summons to Bishops Lords Knights and Burgesses are much in manner though not in matter alike to the Use of our Times This Parliament was Called to advise with the King pro pace asseveranda firmanda they are the words and where Advice is required Consultation must be admitted To this King succeeds Edw. I. his Son a wise a just and a fortunate Prince In his Reign we have no light of any publick Counsel in this kind and so along to the 4th of his Grandchilds Reign but what we borrow in the Rolls of Summons wherein the Form stood various according to the occasions until that grew constant in the form that 's now about the entring of Rich. II. the Journal Rolls being spoiled by the injury of Time or private Ends. The King in the 5th of his Reign Called a Parliament and therein advised with his Lords and Commons for the suppressing I luellin Prince of Wales and hearing that the French King intended to some pieces of his Inheritance in France summoned a Parliament ad tractandum ordinandum favendum cum Praelatis proceribus aliis Incolis Regni qualibet hujusmodi Periculis Excogitatis militiis sic abjurand inserting in the Writ that that was Lex justissima provida Circumspectione stabilita that that which omnes tangit ab omnibus approbetur in the 34th of his Reign super ordinatione stabiliamento Regni Scotiae he made the like Convention His Son the II. Edw. pro solempnitate sponsialum Coronaronis consulted with his People in his first year in his 6th year super diversis negotiis Statum Regni expedtione Guerrem Scotiae specialiter tangentibus he assembled the State to advise the like he did in his 8th year The French King having invaded Gascoigne in the 13th year of the Parliament was Called super ordinis negotiis statum Ducatus Gasconiae tangentibus and in the 16th to consult ad refraenandum Scotorum obstinantiam malitiam Before Edw. III. would resolve in his first year whether Peace or War with the Scots King he summoned the Peers and Commons super praemissis tractare Consilium impendere The Chancellor Anno 5. declareth from the King the cause of that Assembly and that that was to consult and resolve whether the King should proceed with France for the recovery of his Seigniories by Alliance of Marriage or by War and whether to redress the Disobedience of the Irish he should go thither in person or no. The year following he re-assembled his Lords and Commons and requireth their Advice whether he should undertake the holy Expedition with the French King or no the Bishops and Proctors of the Clergy would not be present as forbidden by the Commons such Counsels The Peers and Commons consult applauding the Religious and Princely forwardness of their Soveraign to this hard Enterprize but humbly advise forbearance this year for urgent Reasons The same year though another Sessions the King demanding the Advice of his People whether he should pass into France to an Enterview as was desired for the expediting the Treaty of Marriage The Prelates by themselves and the Earls and Barons by themselves and the
the way projecting a Marriage of Charles the Grand-child with Mary the King of England's Sister It was embraced a Contract per verba de presenti passed and a Book published of the Benefit and Liberty to ensue the Christian World by this Match Upon this ground Ferdinand begins to incite King Henry the 8th to War in France presents him with Succour designs him Guyen to be the Mark Dorset is sent with Men and Munition to joyn with the Spanish Forces Then on the Borders of Navar the noise is they come to assist Ferdinand in Conquest of that Kingdom which though false gain such reputation that Albird was disheartned and Ferdinand possessed himself of that which his Successors since retained his ends served the English Army in the depth of Winter weak and weather-beaten are returned fruitless Maximilian then allureth the Young and Active King to begin with France on the other side Turway and Turway is now the Object whether Henry the 8th goeth with Victory but advised with that pittance maketh an end with France whose Eye and Heart was set on Maximilian A new Bait the Old Emperor casteth out to catch the ambitious Young man He will needs Resign unto him the Empire too heavy for his Age to bear The Cardinal Sidanensis is sent over to Sign the Agreement which he did and France must now again be made an Enemy To prevent this danger France releaseth his Title to Naples and offereth his Infanta Lampsia to Maximilian's Grand-child Charles of Noyen This is acted in the dark and at Arno the French Commissioners come up the back Stairs with 60000. and the ingrossed Covenants when they abused the King of England's Ambassadors a pace went down the other way The Lord Cardinal returneth home meeteth by the way the fowl play of his Master and Writ to the King of England not in Excuse but in Complaint contra per fideam Principium an Honest Servant Ferdinand and Maximilian dead Francis and Charles are Competitors for the Empire Henry the 8th is Courted for his help by both the one with tye of Alliance for the Infanta Dauphin had offered to Henry the 8th the other with the like the one will make his Daughter a Queen in present which the Dauphin cannot do and by his favour an Empress To further Francis was but to win ambition to prey upon all his Neighbours The English is won and winneth for Spain all the Imperial Wealth which Charles in two Letters I have of his own Hand then thankfully confessed From Aquisgrave he cometh Crowned in haste to England weddeth at Windsor the King's Daughter contracteth to joyn in an Invasion of France to divide it with his Father-in-law by the River of Rhodines and sweareth at the Altar in Pauls to keep Faith in all Burbon is wrought from France and entreth the Province with an Army paid with King Henry's Money Suffolk passeth with the English Forces by Picardy But Charles the Emperor who should have entred by Gwyen faileth drawing away Burbon from a strait siege of Massels to interrupt Francis then entred Italy and so the Enterprize of France is defeated The French King is at Pavy taken Prisoner by Pescaro led to Genoway carried into Spain by the Emperor's Galleys and forced at Madrid to a hard Bargain without privity to Hen. 8. or provision for him who had born the greater Charge of that War Now the Emperor effecteth that Monarchy that hath ever since as some say infected the Austrian Family of Rome the fatal old Seat of Government must be the Seat of this new Empire Burbon and after Moncado are directed to surprize it Angelo the observant Frier is sent before a Pope confined by the Emperor's Election who meant as his own Instructions warrant to restore that Right again to the Imperial Throne Charles will follow from Batalona with the Army but before he must call a Parliament at Tolledo Here whether by direction or affection I dare not discuss that Assembly maketh protestation against their Master's Marriage with England and assigneth him Isabella of Portugal for a Wife The Instrument is sent signed by the Imperial Notary to Hen. 8. and Charles bemoaneth the strait he is forced unto by them And before all this he had wrought from Rome a Dispensation for his former Ally and Marriage sending not long after Gonsades Fardinand his Dolphin to incite the Earl of Desmond in Ireland and inviting James the 4th by promise of Marriage to Christian the King of Denmark's Daughter his Neece to enter the English Borders to busie the English King for asking a strict Account of that Indignity Hen. 8. with providence and good success and by the League of Italy in which he was made Caput Feodoris against the Emperor he inforceth him to moderate Conditions at the Entreaty of Cambray 1529. I may end your Honours Trouble with this one Example and with humble Prayer That the Catholick King may either have so much of Princely Sincerity as not to intend the like or my good and gracious Master a jealous Vigilance to prevent if he should c. Robert Cotton FINIS William the Conqueror Dooms-day Book Admerus Huntington Ex libro Feodaris in Scaccio Hen. 4. Statut. Ex libro Rubro Scaccio Cronicom de Dnustable Benedict Monard in vita Hen. 2. Claus. 6. in Dorso Paris 6. Ro. 2. in Dorso Claus. 49. Hen. 3 in Dorso Edw. I. Ex Rot. Parl. in Archivis London Claus. 5. Edw. I. in Dorso Claus. 7. Edw. I. m. 3. in Dorso Claus. 34. Ed. I. in Dorso Edw. 2. Claus. 1. 19 m. Claus. 6. 3 m. Claus. 8. 3 m. Claus. 13. m 13. in Dorso Claus. 16. m. 27 Edw. 3. Claus. 1. Rot. Parl 5. Parl. 6 Edw. 3. Rot. Parl. 6 Edw. 3. Sess. 2. m. 6. Rot. 7 Edw. 3. Sess 2. Parl. 7 Edw. 3. m. 6. Rot. Parl. 13 Edw. 3. Sess. 2. Parl. 14 Edw. 3. Parl. 15 Edw. 3. Parl. 17 Ed 3. Parl. 21 Edw. 3. Parl. 25 Ed. 3. Parl. 27 Ed. 3 Parl. 29 Ed. 3. Parl. 36 Ed. 3. Parl. 40 Ed. 3. Parl. 43 Ed. 3 Parl 45 Ed 3. Parl. 46 Ed. 3. Parl. 46 Ed. 3. Rich. 2. Parl. 1. m. 5. a. 6. Parl. 2 Rich. 2. m. 1. Parl. 3 Rich. 2. m. 4 5. Urban 6. Parl. 4 Rich. 2. m. 2 3. Parl. 5 Rich. 2. Sess. 〈◊〉 a. Parl. 6 Rich. 2. Sess. 1. Parl. 6 Rich 2. Sess. 1. a. Parl. 7 Rich. 2. Sess. 4. Claus. 9 Rich. 2. Claus. 10 Ric. 2 Parl. 13 Rich. 2 Rot. Claus. 13 Rich. 2. Boniface 9. Parl. 14 Rich. 2 Parl. 17 Rich. 2 Hen. 4. Parl. 5. Parl. 6 Hen. 4. Parl. 7 Hen. 4. m. 19 20. Claus. 7 Hen. 4. 〈◊〉 〈◊〉 Parl. 10 Hen 4. Hen. 5. Parl. 1. N. 9. Parl. 2 Hen. 5 Parl. 3 Hen. 5 Parl. 4 5 Hen. 5. Parl. 5 Hen. 5 Parl. 7 Hen. 5. Rot. Parl. 10 Hen. 5. Hen. 6. Rot. Par. 2 Hen. 6. Rot. Parl. 3 Hen. 6. 9 Hen. 6 Eugenius 4. Parl 15 Hen. 6 Parl 20 Hen. 6. Anno 27 H. 6. Anno 25 H. 6. Anno 27 H. 6. Anno 29 H. 6. Anno 29 H. 6. Ed. 4. Anno 7. Anno 12 Ed. 4. Hen. 7. Hen. 8. Rott Parl. 3. Hen. 8. Julius 2. Rott 3 Hen. 8 Parl. Ex Instrument Original Extract Original 15 15. Extract Orig. 15 16. Ex Literis Car. Regis Hisp. Ex Literis Car. 5 Impr. Orig. Extract Widosil Ex Oâ—â—â— Instr. Ex literis Riâ—i Pâ—â—â— Joh Russel Extract Madrid 115. 26. Ex Rot. Comp. Russello Pacis Ex Instrum Carol. 5. Emp. Ex Instrum Hen. 8. Brian Gardian ex literis Frenston Epicond legat H. 8. in Hasp Ex Protestat Orig. Tolledo Parl. Ex literis Car. Wol. Grego Gassalis Infra Sign Carol. Emp. Quozag Fiend Capl suo Dat. 24 Feb. Ex libro n. n. n. D. Carer Ex literis in a Com. Northum Custo March Scotiae Extract Orig. in Archimis Westm. Extract Cambreu 529.
and happy Undertaker consulteth with the Parliament in his first year how to cherish his Allies and restrain his Enemies For this there was a select Committee of the Commons appointed to confer with the Lords the matter being entred into scedule touching Ireland Wales Scotland Calis Guyen shipping Guard of the Seas and warry provision to repulse the Enemy In the 2d he openeth to the Parliament his Title to France a Quarrel he would present to death if they allowed and aided death in this Assembly enacted to all that either break the Truce or the King 's safe Conduct The year following Peace being offered by the French King and the King of the Romans armed to effect the work the King refused any conclusion until he had had thereunto the Advice and Assent of his Lords and Commons for which occasion the Chancellor declareth it to that Assembly In the 4th and 5th year no Peace concluded with France he calleth the State together to consult about the War concluding a Treaty of Amity with Sigismond King of the Romans by the allowance of the three Estates and entreth Articles in the Journal Roll. The same year by the Duke of Bedford in the King's absence a Parliament was called to the former purpose as appeareth by the Summons though in the Roll omitted The like in the 7th year The Treaty with France is by the Prelate Nobles and Commons of the Kingdom perused and ratified in the 10th of this King This Son more holy than happy succeeded advised in the 2d year with the Lords and Commons for the well keeping of the Peace with France consulteth with them about the delivery of the Scottish King and the conclusion of it is confirmed by common Assent And in the third year they are called to advise and consent to a new Article in the League with Scotland for Charge of Hostages And in the ninth year conclude by name of certain persons to Treat a Peace with the Dauphin of France The Treaty of Arras whether the Pope had sent as Mediators two Cardinals not succeeding the King in Parliament in anno 1640. sheweth that he must either loose his Title and Kingdom of France or else defend it by Force the best means for prevention whereof he willeth them to advise him He Summoneth again the next year the Council how the Realm might be best Defended and the Sea kept Safe against the Enemies In the 20th the Commons exhibit a Bill for Guard of the Sea a certain number of Ships Assess wages and dispose of Prizes if any Fortune to which the King accordeth And that the Gronowayes may be declared Enemies for Assisting the Turk in the Spoil of the Rhodes Knights and that the Priviledge of the Prince and Hance Towns may be suspended till Composition be made to the English for wronger they have done them To which in part the King accordeth The King by the Chancellor declareth in Parliament that the Marriage with Margaret the King of Sicily's Daughter was Contracted for enducing the Peace made with the French to which the Lords not by their advice effected make Protestation enter it upon the Roll. The King intending to pass in person into France then to Treat of Peace with the King advises with his Lords and Commons in Parliament and Letters of Mart are granted against the Britains for Spoils done to the English Merchants The Lord Hastings and the Abbot of Glocester declared in Parliament the Preparation of the French the Breach by them of the Peace the weak defence of Normandy and expiration shortly of the Truce requiring speedy advice and remedy It was enjoyned the Parliament to provide for the defence of the Sea and Land against the French It was commanded by the King to the States assembled to advise for the well ordering of his House payment of his Souldiers at Calice Guard of the Seas Raising of the Siege at Berwick made by the Scots against the Truce disposing of the 13000 Souldiers Arayed the last Parliament According of differences amongst the Lords restraining Transportation of Gold and Silver and acquiting the Disorders in Wales of all which Committees are appointed to frame Bills Edward the 4th by the Chancellor declareth to the Lords and Commons that having Peace with the Scots entred League with Spain and Denmark Contracted with Burgundy and Brittain for their Aid in Recovery of his Right in France he had now Assembled them to give their Advise and Counsel therein proceeding with a Charge in a second Session again pressed them The like was at another Parliament After this time the Journalls of Parliaments have been either not well preserved or not carefully Entred For I can find of this nature no Record until the first of Hen. the 7th wherein the Commons by Thomas Lovel their Speaker Petitioned the King to take to Wife Elizabeth the Daughter of Edward the 4th to which at their request agreeth The next is the third of Henry the 8th in which from the King the Chancellor delivereth to the three Estates the Cause of their Assembly The first to advise a course for resisting the Invasion of the Scots Next how to acquit the Quarrel between the King and the Castiles and the Duke of Guilders Lastly for resisting the Pope against Lewis of France whose Bull expressing the Injuries done to the See Apostolique was read by the Master of the Rolls in open Parliament The Chancellor Treasurer and other Lords sent down unto the Commons to confer thereof The last in the 32. where the Chancellor remembring the many Troubles the State had undergone in doubtful Titles of Succession declareth that the Convocation had judged void the Marriage with Anne of Cleve yet the King would not proceed without the Counsel of the three Estates The two Archbishops are sent to the Commons with the Sentence Sealed which being read and there discussed they pass a Bill against the Marriage In all these passages of publick Councel wherein I have been much assisted by the painful Labours of Mr. Elsing Clerk of the Parliament I still observe that the Soveraign Lord either in best Advice or most Necessities would entertain the Commons with the weightiest Causes either Forraign or Domestick to adapt and bind them so to readiness of Charge and they as warily avoiding to shun Expence Their Modest answers may be a Rule for ignorant liberty to form their duties and humbly to entertain such weighty Counsels at their Soveraigns pleasure and not out of the wild sin of any Factious Spirits I will only add one Forraign Example to shew what use hath been formerly made of pretended Marriages and of Parliaments to dissolve them their first ends served Maximilian the Emperor and Ferdinand of Spain the one to secure his Possessions in Italy the other to secure the Kingdom of Navar To both which the French King stood in