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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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and old Customes at London for 1000. Markes monethly to be paid unto the Wardrobe The like he did anno 17. Richard 2. anno 20. letteth out for term of life the Subsidie of Cloth in divers Countries And Edward 4. anno 1. the subsidie and usuage of Cloth Thus did Henry 8. with his Customes and since his time the late Queen and our now Soveraign Master and it was so then in use in the best governed State Rome which let out portions and decim's to the Publicans KIngs raise money and improve the Revenues of the Crown By Regalities 1. Temporal as for Liberties Penalties of Lawes Letters of Favour 2. Mixt. Liberties In granting restraining or renewing them It is a course usual that Kings have raised in money by calling in question the Charters and Liberties of Corporations Leets Free-Warrens and other Royalties Thus did Richard 1. proclaiming Quod omnes chartae et confirmationes quae prioris sigilli impressione roberaverint irritae forent nisi posteriori sigillo roborentur And Henry 3. anno 10. enjoyned all qui suis volebant Libertatibus gaudere ut innovarent chartas suas de novo Regis sigillo getting money thereby Edward 1. by divers Commissions with articles called Articuli de Ragman annexed to them called in question about anno 70. all the liberties and freedomes of England Gilbert de Thorneton his Attorney putting information by Quo warranto against all persons as well bodies Politick as others whereby they were inforced anew to renew their Charters and Fines for their Liberties The like was in anno 13. Edward 3. in whose time anno 9. all clauses of allowances by Charter of Amerciaments Fines c. imposed by the Kings Ministers upon any of the Tenants of other men were adjudged void and the penalties made payable to the Kings Officers unless they made a new purchase of their Liberties And this was one of the usualest and easiest meanes to raise money from the People because it lighteth onely upon the best abilities And if there were now but 20. l. taken of every Corporation of every person that holdeth by Charter his Liberties 5.l for renewing them and of every one that claimeth by prescription 10. l. for purchase of a Charter all which would be easie and acceptable it would amount to above 100000. l. For penal Lawes that have been sometimes but with ill success wrought upon When Richard 2. anno 22. began this course appointing in all his Commissions and instructions Bushey onely to be of the Quorum for compounding with the Delinquents it wrought in the affection of his People such distaste that it grew the death of the one and deposition of the other No less fatal was the like to Empson and there is no string will sooner j●rre in the Common-Wealth then this if it be generally touched For Letters of Fav●●● Either for mitigation of dispatch of Justice Of the first sort there be many found in Henry 6. and Edward 4. time sometimes of protection although by course of the Common Law none are warrantable but to such as are going in obsequium Regis or ibidem moraturi sometimes freeing men from Arrests by calling them up to appear before the Kings Councel Sometimes in causes highly criminal releiving the Prisoner in commanding the Judges to make stay of all proceeding upon supposal of indirect practises until the King was better informed Of the second sort there are many in Henry 7. time where the King hath taken money for writing to the Judges of Assize his Letters of Favour For Offices Thus did King John with the Chancellor-ship selling it for term of life to Gray for 5000. Markes divers offices now in the gift of the Master of the Rolls were engaged to the Chancellour and Treasurer of England as are to be found in Record of Henry 4. Henry 5. and Henry 6. to be passed by warrant of the Kings hand and upon some consideration And Henry 7. renewed this course using Dudley as his instrument to compound with Suitors of those and any other places And by that Record we find the Chancellor the Chief Justice the Keepers of most of the Records the Clerks of the Assizes and Peace the Masters of his Game and Parks and what else carrying either profit or reputation paid to the King some proportion of money for their places Neither is this different from the course of other States For in France Lewis 12. called the Father of his Country did so with all Offices not being of Judicature which his Successors did not forbear In Spain it is usual and Vasqui the Spanish Advocate defendeth the lawfulness of it And Charles the fifth prescribeth it to his Son as a rule in his last instruction drawing his ground of reason and conveniency from the example and practise of the See at Rome The like might be of all inferiour promotions that are or may be in the Kings gift whether Ecclesiastical or Temporal if they were after the true value in profit and reputation listed into rankes according to the several natures of their imployments respectively For Honours And that either by Power legal or Election Of the first it is only in respect of Land whereby every man is to fine when the King shall require that hath ability to be made a Knight and is not of this sort there be plenty of Examples The other out of choise and Grace as Hugo de Putiaco Bishop of Durham was by King Richard 1. created Earl of Northumberland for a great sum of money And I doubt not but many of these times would set their ambition at as high a price And for his Majesty now to make a degree of honour hereditary as Barronets next under Barons and grant them in tail taking of every one 1000. l. in fine it would raise with ease 100000. l. and by a judicious election be a meanes to content those worthy persons in the Common-Wealth that by the confused admission of many Knights of the Bath held themselves all this time disgraced For the Coine and Bullion By which although some Kings out of a last shift have seemed to relieve themselves yet was it in truth full of danger and distrust to the Common-wealth being an assured token of a bankrupt state and to the Prince in conclusion of most disadvantage For the Revenues of the Crown being commonly incertain Rents they must in true value howsoever in verbal sound be abated to the proportion that the Money shall be abased And every man will rate his Commodity in Sale not according to the accompt of pence or pounds but to the weight of pure Silver contained in the currant money As for example That which was before the dec●ying of the Coine worth five shillings the pouud weight will if the allay be to the half be held at ten shillings and so in every proportion respectively For money is not meerly to be esteemed in respect of the Sculpture or Figure
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