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
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
to the States assembled Anno 33. to advise for well ordering of his House payment of the Soldiers at Callis guard of the Sea raising of the siege of Barwicke made by the Scots against the Truce dispoiling of the number of 13000 Soldiers arrayed the last Parliament according of differences amongst the Lords restraining transportation of Gold and Silver and acquitting the disorders in Wales of all which Committees are appointed to frame Bills Edward the fourth by the Chancellor declareth in his seventh year to the Lords and Commons that having made peace with Scotland entred League with Spaine and Denmark contracted with Burgundy and Britany for their ayd in the recovery of his right in France he had now called them to give their Counsels in proceeding which Charge in a second Sessions was again proposed unto them The like was to another Parliament in his twelfth year After this time their Journalls of Parliament have not been well preserved or not carefully entred for I can find of this nature no Record untill the first of Hen. 7. wherein the Commons by Thomas Lovell their Speaker Petition the King to take to Wife Elizabeth Daughter to Edw. 4. to which the King at their request agreeth The next is the third of Hen. the 8. in which from the King the Chancellor declareth to the three Estates the cause of that Assembly The first to devise a course to resist the Invasion of the Scots next how to acquit the quarrel between the King of Castile and the Duke of Geldres his Allie lastly for assisting the Pope against Lewis King of France whose Bull expressing the injuries done the Sea Apostolick was read by the Master of the Rolls in open Parliament The Chancellor the Treasurer and other Lords sent down to the Commons to confer with them The last in the 32d of the same year where the Chancellor remembring the many troubles the State had undergone in doubtful titles of Succession declareth that although the Convocation had judged void the marriage of 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 read and there discussed they pass a Bill against the Marriage In all these passages of publick Counsells wherein I have been much assisted by the painful labour of Mr. Elsings Clerk of the Parliament and still observe that the Soveraign Lord either in best advice or in most necessities would entertain the Commons with the weightiest causes either forrain or domestique to apt and bind them so to readiness of charge and they as warily avoyding it to eschew expence their modest answers may be a rule for ignorant liberty to form their duties and humbly to entertain such weighty Counsells at their Soveraigns pleasure and not to the wild fancy of any Factious spirit I will add one forrain example to shew what use have been formerly made by pretending Marriages and of Parliaments to dissolve them their first end served Maximilian the Emperour and Ferdinand of Spain the one to secure his possessions in Italy the other to gain the Kingdom of Navarre to both which the French King stood in the way projected a Marriage of Charls their Grand-child with Mary the King of Englands sister it was embraced and a Book published of the benefits likely to ensue the Christian world by this match upon this Ground Ferdinando beginneth to incite Henry the 8th to war with France presents him with succours and designs him Guien to be the mark and Dorset sent with men and munition to joyn with the Spanish forces then on the Borders of Navarre the noise is they came to assist Ferdinand in the conquest of that Kingdom which though false gained such reputation that Albred was disheartned and Ferdinand possesed himself of that his Successors since retained his end served the English Army weak and weather-beaten are returned fruitless Maximilian then allureth the young and active King to begin with France on the other side Turwin and Turney is now the object whither Henry goeth with victory but better advised with that pittance makes an end by peace with France whose aim and heart was set on Millain A new bait the old Emperour findeth out to catch the Ambitious young man he would needs resign unto him the Empire too heavy for his age to bear The Cardinal Sedunensis is sent over to sign the Agreement which he did and France must now again be made an Enemy To prevent this danger Francis released his Title to Naples and offereth Laogitia his Daughter to Maximilians Granchild Charls at Noyon this is acted in the dark and at Arno the French Commissioners came up the back stairs with 60000 Florins and they engrossed Covenants when the abused King of Englands Ambassador Pace went down the other the good Cardinal returneth home meeteth by the way this foul play of his Master and writ to the King of England not in excuse but in complaint Contra perfidiam Principum an honest Letter Ferdinand and Maximilian dead Francis and Charls are Competitors for the Empire Henry the 8th is courted for his help by both the one with the tye of Alliance for the Infant Dolphin had affyed Henry the 8ths Daughter the other with the like and Daughter he will make his Daughter a Queen in praesente which the Dolphin cannot do and by his favour an Empress To further France was but to win Ambition to prey upon all his Neighbours the English King is won and winneth for Spain the Imperial wreath which Charls in two Letters I have of his own hand then thankfully confessed From Aquisgrave he cometh Crowned in haste to England wedded at Windsor the Kings Daughter contracteth to joyn in an invasion of France to divide it with his Father in Law by the River of Rodon and sweareth at the Altar in Pauls to keep faith in all Bourbon is wrought from France and entreth the Province with an Army paid with King Henries money Suffolke passeth with the English Forces by Picardy But Charles the Emperour who should have entred Guyen-faileth drawing away Burbon from a streight siege Marseilles to interrupt Francis then entred Italy and so the enterprize of France is defeated the French King as it Pavie taken Prisoner by Pescaro led to Grone hurried into Spain by the Emperours Galleys and forced at Madrid to a hard bargain without privity of Henry the 8th or provision of him who had been at the greater charge of that War Now the Emperour affecteth that Monarchy that hath ever since as some say infected the Austrian Family Rome the fatal old Seat of Government must be the Seat of his Empire Burbon and after Moncado are directed to surprize it Angelo the observant Fryer is sent before the Pope consigned by the Emperours Election who meant as his own
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 quà m 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 Consâ—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 â—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
instant Vortigern a Native of this Isle first established here a free Kingdom four hundred and fifty years after Christ and so left it to the Saxons from whom her Majesty is in discent Lineal and it is plain that as we were later then Spain reduced under the Roman yoak so we were sooner infreed Subsequence of Spain Spain since the dissolution of the Roman Empire entituled no King till of late for Attalaricus from whom they would upon slender warrant ground their dissent was never stiled Rex Hispaniae but Gothorum and the Kingdom of Castile wherein the main and fairest antiquity of Spain rested begun not before the year of Christ 1017. whereas they were but Earls of Castile before so that the Kingdome of the English began which was alwayes as Beda observeth a Monarch in a Heptarchie 460. years at the least before the Kingdom of Castile or Spain Precedency of England in respect of Antiquity of Christian Religion JOSEPH of Aramathea planted Christian Religion immediately after the passion of Christ in this Realm And Aristobulus one of them mentioned by Saint Paul Romans 6. was Episc Brittanorum and likewise Simon Zelotes The first Christian King in Europe was Lucius Surius The first that ever advanced the papacy of Rome was the Emperour Constantinus born at Yorke Of whom in the Roman Laws near his time is written Qui veneranda Christianorum fide Romanum munivit imperium And to him peculiarly more than to other Emperours are these Epithitons attributed Divus Divae memoriae divinae memoriae orbis Liberator quietis fundator Reipublic instaurator publicae libertatis auctor Magnus Maximus Invictus Restitutor urbis Romae atque orbis And there have been more Kings and Princes of the bloud Royall Confessors and Martyrs in England than in any one Province in Europe And from Ethelbert King of Kent Converted Anno 596 untill this day Christianity hath been without interruption continued Subsequence of Spain In the time of Claudius Saint James preached in Spain but gained only nine Souls So did he in Ireland as Vincentius saith and they cannot count Christian religion to be then planted in Spain which shortly after was first tainted with the heresie of Priscilian then with Gothish Arianism and after defaced with Moorish Mahumetism from 707 years after Christ in continuance 770 years untill Ferdinando King of Arragon and Castilia utterly expelled the Moors Precedency of England in respect of the more absolute Authority Politicall THe Queen of Englands power absolute in acknowledging no superior nor in vassallage to Pope or Emperour For that subjection which by King John was made to Innoâ—entius the third after in Parliament Per praeceptum Domini Papae septimo Julii Cum fidelitate homagio relaxatur omnino Sir Thomas Moore in his debellation saith the Church of Rome can shew no such deed of subjection neither that the King could grant it of himself And Engubinus in his defence of Constantines dodation nameth not England where he recited all the foedary Kingdomes of the Papacy the Peter-pence were not duties but Eleemosina Regis neither the Rome-Scot but Regis larga benignitas Parem non habet Rex Angliae in Regno suo multo fortius nec superiorem habere debet saith Bracton Ipse non debet ess e sub homie sed sub Deo habet tantum superiorem Judicem Deum Likewise in appointing Magistrates pardoning Life Appeal granting privileges taking homage and his Jura Majestatis not limited in censu nummorum Bello judicando Pace ineunda Eleutherius the Pope 1400 years ago in his Epistle to Lucius King of Brittain stiled him Vicarius Dei in Regno suo so is the King of England in Edgars Lawes and Baldus the Lawyer saith Rex Angliae est Monarcha in regno suo and Malmesbury Post conversionem ad fidem tot tantas obtinuit Libertates quot imperator imperia Subsequence of Spain The King of Spain hath no Kingdom but is foedory either to France or Castila enthralled by oath of subjection and vassallage from King Henry to Charles the fifth of France 1369. Ex foedere contracto And for the Netherlands there is homage due to the French King or the Papacy as Arragon to Innocentius the third by King Peter 1204. confirmed by Ferdinand and Alphonsus 1445. and from James by the like oath 1453. And to Sardinia and Corsica the King of Arragon from the Bishops of Rome were under oath of subjection invested Ex formula fiduciae The Kingdom of Portugall in vassallage to the Pope under an Annuall Tribute And the Canaries Hesperides and Gorgon Islands subjected to the See of Rome under the chief Rent of four hundred Florins by Lewis King of Spain 1043. Of both the Indies Alexander did reserve the regalities of Sicilia the Church is chief Lord. And Granado and Navarre were made foedary to the Pope under Julius the second Naples at every change sendeth a Palfrey as a Heriot due to the Church of Rome and of the Empire he holdeth the Dukedom of Millaine So that it is questionable among Civilians whether he be Princeps which holdeth in feodo all of others His absolute authority restrained in Arragon by Justitia Arragonica In Biscay and other places by particular reservations And his Jura Majestatis in Censu Nummorum Bello judicando Pace ineunda c. Limited by the priviledges of the State as at Brabant and elsewhere in his Spanish Territories Ex propriis constitutionibus privilegiis Precedency of England in respect of more absolute authority Ecclesiastical HEr Majesties power more absolute in this confirmed by ancient Custome and privilege than any other Christian Prince For no Legat de Latere in England de jure allowed but the Archbishop of Canterbury If any admitted by courtesie he hath no Authority to hold plea in the Realm contrary to the the Laws thereof Placita 2 Hen. 4. and before he was admitted and entered the Realm he was to take oath to do nothing derogatory to the King and his Crown Placita Anno primâ— Henri 7. No man might denounce the Popes excommunication nor obey his authority on pain to forfeit all his goods without assent of the King or his Counsel Placita 23 and 34 Edw. Rot. Dunelm Henry the First called a Provincial Councel so did Canutus and others No appeal to Rome without the Kings licence Anno 32 34 Edw. 1. Inventure of Bishops and Churchmen in the Kings hand Ex Matt. Paris Hen. Huntington De gestis Pontific Donelm Placita 32 Edw. 1. and in the 32 Edw. 3. Where the reason of the Kings Ecclesiastical authority to suspend or bestow Church livings is yielded Quia reges Angliae unguntur in Capite Subsequence of Spain The King of Spain can prescribe no custome to prohibit the Popes Legat nor useth any Authority Penall over the Clergy Spain can
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
to condemn good Counsels if the event prove not Fortunate lest many be animated to advise rashly and others disheartned to Counsell gravely Illi mors gravis incubat qui notus nimis omnibus ignotus moritur sibi August 11. Anno Domini 1613. THE MANNER AND MEANES HOW THE KINGS ENGLAND Have from time to time SUPPORTED And repaired their ESTATES Written by Sir ROB. COTTON Knight and Barronet Anno nono Jacobi Regis Annoque Domini 1609. LONDON Printed in the Year 1672. The Manner and Means how the KINGS OF ENGLAND Have from time to time SVPPORTED AND REPAIRED THEIR ESTATES THe Kings of England have supported and repaired their Estates First by an Annual proportioning their Issues and Expences with their certain and Casual Revenues And that either by Advice of their PRIVIE COVNCEL or by PARLIAMENT Secondly by abating and reforming the Excess of houshold c. Thirdly by raising of Money and improving the Revenues of the Crown First for proportioning of the Issues c. Henry 4. Anno 12. When the Revenue and profits of the Kingdome together with the Subsidy of Wool and Tenth of the C lLergie amounted to no more then 48000l of which 24000 marks were alotted for expence of House most of the rest to the Guard of the Sea and defence of this Kingdome the Realme of Ireland and Dominions in France In this estimate the profits by Wards and Marriage was but 1000 l. And then an Ordinance was made by the King Prince and all His Counsel there named in the Roll. The like was Anno 11. when for the charge of house was appointed 16000 l. and 7000l to the City of London in discharge of the Kings debt to them Henry 5 Anno 2. did the like as his Father entring upon the Roll as an Ordinance in future that the Treasurer of England or the Exchequer shall Annually make declaration of the state of their Office and the Revenue of the Realme together with the charge of the Kings House Chamber Wardrobe Garrisons Navy and Debts Anno 3. Henry 5. the like Assignments were made proportionable to the Revenue which in the great Custome of Woolls the petty Custome Tunnage and Poundage revenue of Wales and the Dutchie of Cornwall the Hamper the accounts of Sheriffs Escheators the Exchange of Bullion and the benefit of Wards and Marriage then rated at but one thousand marks apiece rose not to above 56966. l. And being at such time as he undertook the Conquest of France Anno 9. Henry 5. the revenue of the Kingdome amounting to 55743. l. 10. s. 10. d. was so by the King with advise of his Counsel ordered as before And by this Record it appeareth that that Clerks of the Navy and not the Treasurer was the Officer only for that place Henry 6. anno 12. in Parliament Cromwell then Treasurer delivering up an Account of the Exitus and introitus of the Exchequer setled the Estate of his expence of which there was allowed for his house 16978. l. and to his Chamber and Wardrobe 2000 l. The rest to defray the debts and necessary occasions of the State Queen Elizabeth anno 12. At which time besides the Wards and Dutchy of Lancaster the profit of the Kingdome was 188197. l. 4. s. the payments and assignments 110612. l. 13. s. of which the Houshold was 40000. l. privy Purse 2000.l Admiralty 30000. l. which by an estimate 1. May anno 1604. was 40000. l. And is now swolne to near 50000l yearly by the errour and abuse of Officers SEcondly by abating and reforming the Excess 1. Of Houshold 2. Of Retinue and Favorites 3. Of Gifts and Rewards First for abating and reforming the Excess of Houshold either by Parliament or Councel Table 1. By Parliament Anno 3. Edward 2. An Ordinance was made prohospitio Regis in ease of the people oppressed with Purveyance by reason of the greatness thereof and the motive of that ordination was A l'honneur de Dieu et a honneur et profit de sainct Eglise et a l'honnâ—ur de Roy et a son profit et au profit de son peuple selon droit et resonel serment que le dist nostre Signeur le Roy fist a son Coronement And about this time was the King's house new formed and every Officer limited his charge and salary Anno 36. Edward 3. the houshold was reformed at the petition of the People Anno primo Richard 2. the houshold was brought to such moderation of expence as may be answerable to the revenues of the Crown And a Commission granted at the Petition of the Commons to survey and abate the houshold which not taking desired effect Anno 5. the Commons petition that the excessive number of menial servants may be remedied or otherwise the Realm will be utterly undone and that his houshold might not exceed the ordinary revenues of the Realm Anno 4. Henry 4. The People crave a reformation of the Kings house And Anno 7. that he would dismiss some number of the retinue since it was now more chargeable but less honourable then his progenitors and that the Antient Ordinances of the houshold in ease of the people might be kept and the Officers of the houshold sworn to put the ordinances and statutes in due execution and so consider the just greifs of his subjects by unjust Purveyance contrary to the statute That hereafter vous poiez vivre le voz biens propres en ease de vostre peuple which the King willingly doth as appeareth by an ordination in Councel whereby the charge of the houshold is limited to 16000 Markes Annis 12. 18. Henry 6. The charge of the Kings house is reduced to a certainty and lessened by petition and order in Parliament Anno 12. Edward 4. The King promiseth to abate his houshold and hereafter to live upon his own So setling a new forms his Court which is extant in many hands intuled Ordinations for the Kings house And to ease the charge of the Kings house the Queens have allowed a portion of their joynture suting to their own expence to the Treasurer of the houshold Thus did Philip the wife of Edward 3. and likewise Henry 4. wife anno 7. And Henry 6. wife allowed 2000. l. a year out of her Estate 2. Excess of the houshold abated and reformed by the Councel-Table Edward 2. caused his houshold to be certain in allowances making thereof a book by way of ordinance which is called Aul. Regis Henry 4. causeth his Son the Prince and the rest of his Councel to ordain such moderate governance of his house that may continue au plaisir de Dieu et du peuple Henry 6. anno 27. reduced his charge of house to 12000. l. whereof 2000. l. was out of the Queens joynture Edw. 4. anno duodecimo reformeth it again and publisheth a book of orders for their better direction
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 jâ—rre in the Common-Wealth then this if it be generally touched For Letters of Favâ—â—â— 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 decâ—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
in Henry 8. time had first the ground in Parliament it is manifested by the dates of their Acts in convocations that they all had properly in that place the first original And that this was the use of old nothing will leave it so clear as to observe the fruitless success of the Laity in all their endeavours to establish Ecclesiastical Laws And this I will manifest by the Kings answer out of Record so far as the Rolls of Parliament will admit me successively Until the 11. of Edward the first there is no Record extant but in that the Commons petition to the King that a Law may be made against Usurers The King gave answer that it must be remedyed coram Ordinariis And when they desired remedy de multimodis injustis vexationibus eis factis per Officiales alios ministros Ecclesiae The King replyed Cancellarius emendat in temporalibus Archiepiscopus faciâ—t in spiritualibus From hence there is a lack of Record near to the 8. of Edward 3. In which Parliament the Commons desire an Act to restrain the Clergie in their trivial citations whereunto they received from the King but this answer onely That the King will charge the Bishops to see it remedyed And the first of Richard the 2. preferring the like petition against corruption of Ordinaries to do according to the Lawes of Holy Church And in the fifth of the same King they complain against abuses in Ecclesiastical Courts Respons The King will charge the Clergy to amend the same And in the 15. year when they required an Act to declare the age of the titheable Wood they had for answer The King would move the Bishops for order between this and the next Parliament And in the 17 of Richard 2. when they petiotioned for a residing learned Ministry so as the Flock for want might not perish they had replyed That the King willeth the Bishops to whom that Office belongeth to do their duties Henry the 4. in his second year desired by the Lords and Commons to pacify the Schisme of the Church Answereth he will charge the Bishops to consider the same And in his fourth year being importuned for an Act for residency of Ministers replyed Le Roy command an Prelats et perentrecy ils empurvoient de remedie And in the eleventh of the same King to the like petition Respons Ceste matiere appartient a St. Eglise et remede en la darraine Convocation In Parliament under the 5. Henry and his first year the King answereth the Commons petition against oppressing Ordinaries If the Bishops do not redtess the same the King will And in Anno 3. Henry 6. to a Petition that Non-Residents should forfeit the profit of their living gave answer that he had delivered the Bill to my Lord of Canterbury and semblably to my Lord of York charging them to purvey meanes of remedy And in the year following to a petition that Patrons may present upon Non-Residencie Respons There is remedy sufficient in the Law spiritual Since then it is plain by these rehearsed answers that from the Conquest they have received but weak admittance And by the edict of the first King William in these words a sharp restraint Defendo et mea authoritate interdico ne ullus laicus homo de legibus quae ad Episcopum pertinent se intromittat And that the Saxon Synodals are rather Canon-Laws then Lay-mens Acts. And the practise of the primitive Church if well understood but a weak prop to their desire It may not seem distastful from the King walking in the Steps of his Ancestors Kings of this Land to return as formerly the Commons desires to their proper place the Church-mans care And to conclude this point in all Parliaments as Martian the Emperor did the Chalcedon Councel Cessat jam profana contentio nam vere impius sacrilegus est qui posttot sacerdotum sententiam opinionisuae aliquid tractandum reliquit And with the Letter of Gods Law Qui superbicrit nolens obedire sacerdotis imperio ex decreto Judicis morietur hono THE ARGUMENT Made by the COMMAND Of the House of COMMONS Out of the Acts of Parliament and Authority of Law expounding the same at a CONFERENCE with the LORDS CONCERNING THE LIBERTIE of the person of every FREEMAN Written by Sir ROB. COTTON Knight and Barronet LONDON Printed in the Year 1672. THE ARGUMENT Made by the COMMAND Of the House of COMMONS Out of the Acts of Parliament and Authority of Law expounding the same at a Conference with the LORDS Concerning the Liberty of the person of every FREEMAN My LORDS VPon the occasions delivered by the Gentlemen your Lordships have heard the Commons have taken into their serious consideration the matter of the personal liberty and after long debate thereof of on divers dayes aswell by solemn Arguments as single proportions of doubts and answers to the end no scruples might remain in any mans breast unsatisfyed They have upon a full search and clear understanding of all things pertinent to the question unanimously declared That no Freeman ought to be committed or detained in Prison or otherwise restrained by the command of the King or the Privy Councel or any other unless some cause of the commitment deteinor or restraint be expressed for which by Law he ought to be committed detained or restrained And they have sent me with other of their Members to represent unto your Lordships the true grounds of such their resolution and have charged me particularly leaving the reasons of Law and Presidents for others to give your Lordships satisfaction that this Liberty is established and confirmed by the whole State the King the Lords Spiritual and Temporal and the Commons by several Acts of Parliament the authority whereof is so great that it can receive no answer save by interpretation or repeal by future Statutes And those that I shall mind your Lordships of are so direct to the point that they can bear no other exposition at all and sure I am they are still in force The first of them is the grand Charter of the Liberties of England first granted 17. Johannis Regis and revived 9. Hen. 3 and since confirmed in Parliament above 30. times The words are these cap. 29. Nullus liber homo capiatur vel imprisonetur aut disseisetur de libero tenemento suo vel Libertatibus vel liberis consuetudinibus suis aut ut lagetur aut exuletur aut aliquo modo dâ—struatur nec super eum ibimus nec super eum mittemus nisi per leg ale â—udiciuâ— parium suorum vel per legem terrae These words Nullus liber homo c. are express enough Yet it is remarkable that Mathew Paris an Author of especial credit doth observe fol. 432 that the Charter 9. Henry 3. was the very same as that of the 17. of King John in nullo