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
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
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
by surprizing Rome But from this he was thrust by the force and respect of Religion Henry the 8. being made Caput foederis against him He then attempted it in High-Germany Practising by faction and Force to reduce those petty States to his absolute power In this Henry the 8. again prevented him by tying the Lutber an Princes under his confederacy and assistance His Son the second Philip pursued the same Ambition in the Nether Germany by reduction whereof he intended to make his way further into the other This the late Queen of England interrupted by siding with the afflicted people on the one part and making her self Head of the Protestant League with the Princes on the other side drawing in as a secret of State the Countenance of France to give the more reputation and assistance to them and security to it self Spain seeing his hopes thus fruitless by these Unions and sleights began first to break if he might the Amity of France and England But finding the common danger to be as fast a Tye he raiseth up a party in that Kingdome of his own by the which the French King was so distressed that had not the English Councel and Assistance relieved him Spain had there removed that next and greatest obstacle of his ambition His Councel now tells him from these examples that the way to his great work is impassible so long as England lies a let into his way and adviseth him that the remove of that obstacle be the first of his intents This drew on those often secret practices against the person of the late Queen and his open fury in 88. against the Body of the State For which she following the advice of a free Councell will never after admit of Peace winning thereby the hearts of a loving people who ever found hands and money for all occasions at home and keeping sacredly her Alliances abroad secured her confederates all her time in freedome from fear of Spanish slavery And so ended her old and happy dayes in great Glory Spain then by the Wisdome and power of that great Lady dispoiled so of his means to hurt though not of his desire makes up with her peaceful Successor of happy memory the Golden League that disarming us at home by opinion of Security and giving them a power in our Councel by believing their friendship and pretended marriage gave them way to cherish amongst us a party of their own and bereaft of power abroad to lead in jealousie and sow a division between us and our confederates by which we see they have swallowed up the fortune of our Master's brother with the rest of the Imperial States distressed the King of Denmark by that quarrell diverted Sweden's Assistance by the wars with the Pole and moving of him now with the offer of the Danish Crown And now whether from the Plot or our Fatality it hath cast such a bone between France and us as hath gotten themselves by our quarrel of Religion a fast confederate and us a dangerous enemy So that now we are left no other Assurance against their Malice and ambition but the Nether-lands where the Tye of mutual safety is weak'ned by dayly discontents bred and fed between us from some ill-affected to both our Securities that from the doubtfulness of friendship as now we stand we may rather expect from our own domestick faction if they grow too furious they will rather follow the example of Rome in her growing that held it equally safe honourable and more easie dare Regeâ—â— thâ— subâ—ugare Provincian considering the poâ—er they have their hands then to giâ—e any friendly Assistance to serve the present condition of our State You may see therefore in what terms we stand abroad and I fear me at home for resistance in no better State There must be to withstand a Forreign invasion a proportion both of Sea and Land-forces for to give an enemy an easie passage and a port to relieve him in is no less then to hazard all at one stake And it is to be considered that no march by land can be of that speed to make head against the landing of an enemy nor no such prevention as to be Mr. of the Sea To this point of necessary defence there can be no less then 240000. l. For the land-forces If it were for an jOffensive war the men of less livelihood were the best spared and were used formerly to make such war purgamento Reipublicae if we made no further purchase by it But for safety of a Common-wealth the Wisdom of all times did never interest the publick cause to any other then such as had a portion in the publick adventure And that we saw in 88. when the ear of the Queen and Councel did make the body of that large Army no other then of trained bands which with the Auxiliaries of the whole Realm amounted to no less then 24000 men Neither were any of those drawn out from forth their Countries and proper habitations before the end of May that there might be no long aggrievance to the publick such discontentments being ever to us a more fatal Enemy then any Forreign force The careful distribution and direction of the Sea and Land-forces being more fitting for a Councel of War then a private Man to advise of I pass over yet shall ever be willing and ready when I shall be called humbly to offer up such observations as I have formerly gathered by the former like occasions of this Realm To make up this preparation there are requisite two things Money affections for they cannot be properly severed It was well wisely said by that great and grave Councellor the Lord Burleigh in the like case to the late Queen Win hearts you may have their hands purses And I find of late that diffidence having been a defect in the one it hath unhappily produced the other In gathering then of money for this present need there are required three things Speed Assurance and Satisfaction And the way to gather as others in the like cases have done must be by that path which hath been formerly called Via Regia being more secure speedy For by unknown and untroden ways it is both rough tedious seldom succeedeth well This. last way although it took place as it were by a supply at first and received no general denyal yet since it hath drawn many to consider with themselves and others of the Consequence and is now conceived a pressure on their liberties and against Law I much fear if now again it be offered either in the same face or by Privy Seal it will be refused wholly Neither find I that the restraint of those Recusants hath produced any other effect then a stiff resolution in them and others to forbear Besides though it went at the first with some assurance yet when we consider the Commissions and other forms incident to such like services as that how long it hangs in hand and
And where those of Syphax had plotted the murder of Masinissa Non aliud mihi factum quà m quod sceleris sui reprehensi essent saith Appian The Ambassadors of the Protestants at the Counsell of Trent though divulging there the Doctrine of the Churches contrary to a Decree there enacted a crime equivalent to Treason yet stood they protected from any punishment So much doth public conveniency prevail against a particular mischief That the State of Rome though in case of the most capital crime exempted the Tribunes of the people from question during the year of office And the Civilians all consent that Legis de Jure Gentium indictum est eorum corpora salva sint Propter necessitatem legationis ac ne confundant jura comercii inter Principes The redress of such injuries by such persons the example of Modern and best times will lead us to Vivia the Popes Legate was restrained by Henry the Second for exercising a power in his Realm not admitted by the King in disquiet of the State and forced to swear not to act any thing in Praejudicium Regis vel Regni Hen. 3. did the like to one of the Popes Ambassadors another flying the Realm secretly fearing timens pelli sui as the Record saith Edward 1. so restraining another until he had as his Progenitors had informed the Pope of the fault of his Minister and received satisfaction of the wrongs In the year 1523. Lewis de Pratt Ambassador for Charles 5. was commanded to his house for accusing falsly Cardinal Wolsey to have practised a breach between Hen. 8. and his Master to make up the Amity with the French King Sir Michael Throgmorton by Charles the 9. of France was so served for being too busie with the Prince of Condy in his faction Doctor Man in the year 1567. was taken from his own house in Madriil and put under a Guard to a straiter Lodging for breeding a Scandal as the Conde Teri said in using by warrant of his Place the Religion of his Country although he alledged the like permitted to Ghusman de Silva their Ambassador and to the Turk no less then in Spain In the year 1568. Don Ghuernon d' Espes vvas ordered to keep his house in London for sending scandalous Letters to the Duke d' Alva unsealed The Bishop of Rosse in the year 1571. vvas first confined to his house after to the Tower then committed for a good space to the Bishop of Ely his care for medling with more business then belonged to the place of his imployment The like was done to Dr. Alpin and Malvisett the French Ambassadors successively for being busie in more then their Masters affairs In the time of Philip the second of Spain the Venetian Ambassador in Madrill protecting an offendor that fled into his house and denying the Heads or Justices to enter his house vvhere the Ambassador stood armed to vvithstand them and one Bodavario a Venetian whom they committed to Prison for his unruly carriage and they removed the Ambassador unto another house until they had searched and found the Offendor Then conducting back the Ambassador set a guard upon his house to stay the fury of the people enraged The Ambassador complaining to the King he remitted it to the Supreme Councel they justified the proceeding condemning Bodavario to lose his head and other the Ambassadors servants to the Galleys all vvhich the King turned to banishment sending the whole process to Inego de Mendoza his Ambassador at Venice and declaring by a publick Ordinance unto that State and all other Princes that in case his Ambassadors should commit any offence nnworthily and disagreeing to their professions they should not then enjoy the privilege of those Officers referring them to be judged by them vvhere they then resided Barnardino de Mendoza for traducing falsly the Ministers of the State to further his seditious Plots vvas restrained first and after commanded away in the year 1586. The last of Spanish Instruments that disquieted this State a benefit vve found many years after by their absence and feel the vvant of it now by their reduction Having thus shortly touched upon such precedent examples as have fallen in the vvay in my poor observation I humbly crave pardon to offer up my simple opinion what course may best be had of prosecution of this urgent cause I conceive it not unfit that vvith the best of speed some of the chief Secretarries vvere sent to the Ambassador by vvay of advice that they understanding a notice of this information amongst the common people that they cannot but conceive a just fear of uncivil carriage towards his Lordship or his followers if any the least incitement should arise and therefore for quiet of the State and security of his person they vvere bound in love to his Lordship to restrain as vvell himself as followers until a further course be taken by legal examination vvhere this aspertion begun the vvay they onely conceived secure to prevent the danger this fear in likelyhood vvill be the best motive to induce the Ambassador to make discovery of his intelligence when it shall be required I conceive it then most fit that the Prince and your Grace to morrow should complain of this in Parliament and leaving it so to their advice and justice to depart the House the Lords at the instant to crave a conference of some small number of the Commons and so conclude of a Message to be sent to the Ambassador to require from him the charge and proofs the Persons to be sent the two Speakers of the two Houses vvith some convenient company of either to have their Maces and ensigns of Office born brfore them to the Ambassadors Gate and then forborn to shew fair respect to the Ambassadors then to tell them that a relation being made that day in open Parliament of the former information to the King by his Lordship they vvere deputed from both Houses the great Councel of the Kingdom to the vvhich by the fundamental Law of the State the chief care of the Kings safety and public quiet is committed they vvere no less the high Court of Justice or Supersedeas to all others for the examining and correcting all attempts of so high a nature as this if it carry truth That they regarded the honour of the State for the Catholicks immoderate using of late the Lenity of Soveraign Grace to the scandal and offence of too many and this aspersion now newly reflecting upon the Prince and others meeting vvth the former distaste which all in publique conceive to make a plot to breed a rupture between the King and State by that party maliciously layd hath so inflamed and sharpned the minds of most that by the access of people to Term and Parliament the City more filled then usual and the time it selfe neer May day a time by custom apted more to licentious liberty then any other cannot but breed a just jealousie and
his great Counsel to advise whether he should pass the Seas or no with an Army Royal and they not daring to assent without greater Counsel A Parliament the tenth year to have the advice of the Commons as well as of the Lords was called and how the Realm should be governed in their Sovereign his absence The truce with France was now expired the Parliament was called in the 13th to advise upon what conditions it should be renewed or otherwise how the charge of the War should be susteined at this assembly and by consent of all the Duke of Lancaster is created Duke of Aquitaine the Statute of provisions now past the Commons a party in the Letter to the Pope The year succeeding a Parliament is called for the King would have advice with the Lords and Commons for the War with Scotland and would not without their Counsels conclude a final peace with France The like assembly for the same causes was the year ensuing the Commons interesting the King to use a moderation in the Law of provisions to please at this time their holy Father so that the Statute upon their dislike may again be executed and that to negotiate the peace with France the Duke of Aquitaine may rather than another be imployed To consult of the Treaty with France for Peace the King in the seventeenth calleth a Parliament the answer of the Lords is left unentred in the Roll the Commons upon their faith and allegiance charged advised that with good moderation homage may be made for Guien an appenage of the French Croine so it trench not to involve the other pieces of the English Conquest their answer is large modest and worthy to be marked Now succeedeth a man that first studied a popular party as needing all to support his titles He in the fifth year calleth a Parliament to repress the malice of the Duke of Orleance and to advise of the Wars in Ireland and Scotland neither Counsels or supplies are entred in the Roll and to resist an invasion intended by France and Brittain he assembleth the State again the like was the second year following for France In this the Commons confer with for guard of the Sea and make many Ordinances to which the King assenteth the peace with the Merchants of Bruce and Foins is debated and a Proclamation published as they resolved by the Speaker the Commons complain of 96 pieces of importance lost in Guien the year before need of the defence of the borders and Sea coasts to suppress the Rebellion in Wales and disloyalty of the Earl of Northumberland they humbly desire that the Prince may be dispatched into those parts with speed and that the Castle of Manlion the key of the three realms might be left to the care of the English and not to Charls of Navarre a stranger and to have a vigilant eye of the Scotish prisoners In the tenth the Parliament is commanded to give their advice about the Truce with Scotland and preparation against the malice of the French His Son the wife and happy undertaker advised with the Parliament in the first year how to cherish his Allies and restrain his Enemies for this there was a secret Committee of the Commons appointed to conferr with the Lords the matter being entred into a schedule touching Ireland Wales Scotland Callis Gunien Shipping Guard of the Seas and War provision to repulse the Enemies In the second he openeth to the Parliament his Title to France a quarrel he would prosecute to death if they allowed and ayded death is in his Assembly enacted to all that break the Truce or the Kings safe conduct The year following peace being offered by the French King and the King of the Romans arrived to effect the work the King refuseth any conclusion until he had thereunto advice and assent of the Lords and Commons for which occasion the Chancellor declareth that Assembly In the fourth and fifth no Peace being concluded with France he calleth the State together to consult about the Warr concluding a Treaty of amity with Sigismund King of the Romans by allowance of the three Estates and entred Articles into the Journal Rols The same year by the Duke of Bedford in the Kings absence a Parliament was called to the former purposes as appeareth by the Summons though in the Roll omitted The like in the seventh The Treaty with France is by the Prelates Nobles and Commons of the Kingdom perused and ratified in the 11. of his Raign His Son more holy then happy succeeded adviseth him the second year with the Lords and Commons for the well keeping 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 change of Hostages And in the ninth conclude certain persons by name to Treat a Peace with the Dolphin of France The Treaty at Arras whither the Pope had sent as Mediators two Cardinals not succeeding The King in Parliament Anno 14. sheweth he must either lose his Title Stile and Kingdom of France or else defend it by force the best means for the prevention thereof he willeth them to advise him He summoneth again the next year the State to consult how the Realm might be best defended and the Sea safe kept against his Enemies In the twentieth the Commons exhibite a Bill for the Guard of the Sea ascertain the number of Ships assess wages and dispose prizes of any fortune to which the King accordeth and that the Genoways may be declared enemies for assisting the Turks in the spoyl of the Rhode Knights and that the privileges of the Pruce and Hans Towns Merchants may be suspended till compensation be made to the English for the wrongs they have done them to which the King in part accordeth The King by the Chancellor declareth in Parliament Anno 23. That the Marriage with Margaret the King of Sicils Daughter was contracted for enducing the Peace made with France against which the Lords as not by their advice effected make Protestation and enter it on the Roll. In the 25. the King intended to pass in Person into Franch and there to treat a Peace with the King adviseth with the Lords and Commons in Parliament and Letters of Mart are granted against the Brittains for spoyle done to the English Merchants The Lord Hastings and Abbot of Gloucester declare in Parliament Anno 27. the preparation of the French the breach by them of the Peace the weak defence of Normandy and the expiration shortly of the Truce requiring speedy advice and remedy In the 29. it was enjoined by Parliament to provide for defence of the Sea and Land against the French It was commanded by the King
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
Abbots Earls and chief Nobility of the Kingdom present for so are the words of the Records the cause between Arsast Bishop of Norway and Baldwyne Abbot of Bury was also argued Et ventilata in publica jubet Rex teneri Judicium Causis auditis Amhorum The diligence of his Son the Learned Henry the first in executing of this part of his kingly function is commended to posterity by Walter Mape a Learned man trained up and in favour with Henry the second in these words Omnia Regali more moderamine faciebat neminem volebat agere justitia vel pace Constituerat autem ad tranquilitatem omnium ut diebus vacationis vel in domo magna subsidio copiam sui faceret usque ad horam sextam which was till twelve as we now accompt secum habens Comites Baronet Proceres Vavasores to hear and determine causes whereby he attained the surname of Leo Justitiae in all stories and so out-went in quiet guidance of the State his best progenitors The next of his name that succeeded is remembred every where for his debates and his disputes he had in person with Thomas the Archbishop and others of his part at the great Counsels both at London Clarendon and Northampton for redress of the many complaints of the Commons against the outrages and extortions of the Clergy one thousand five hundred and fifty seven Die Penticostis apud sanctum Edmundum the same King Diademate Insignitus with the Bishops Abbots Earls and Barons of the Kingdome sate daily himself and heard all the debates concerning the Liberties and Charters of Battle Abbey The interlocutory Speeches as well of the King as Lords and parties are at full related in a Register of that Church The sute between the Church of Lincolne and Saint Albanes in praesentia Regis Henry Archepiscop Episcop omnium Angliae Comitum Baronum Regni was at Westminster debated and ended And had alone of memory and truth been a protector of the publick Records of the State as awe of the Clergies sensure was a guard to theirs in tempestuous times we had not been now left to the only friendship of Monkes diligence for example in this kind At Lincolne the Archbishops some Bishops but all the Earles and Barons of the Realme una Cum Rege Johanne Congregati ad colloquium de concordia Regis Scotiae saith the Register of that Church This use under King Henry the third needeth no further proofe than the Writ of summons then framed expressing that Kings mind and practise It is Nobiscum Praelatis Magnatibus nostris quos vocari fecimus super praemissis tractare Consilium impendere which word Nobiscum implieth plainely the Kings presence what the succeeding practise was from the fifteenth year of the second Edward the proper Records of this inquiry the Journall Books being lost I am enforced to draw from out the Rolls of Acts wherein sometimes by chance they are remembred Edward the second was present in Parliament in the fifteenth year of his Raigne at the complaint against the Spencers and at the second Parliament that year for the repeale of that banishment In the fourth of Edward the third the King was present at the accusation of Roger Mortimer but not at the Tryall And the next year in the treaty of the French affaires In the sixth year Intererat Rex in Causa Johannis de Gray Willielmi de Zous The same year the second day in Parliament the King was present at the debate about his Voyage into Scotland In the fifteenth year the King in the Painted Chamber sitting with the Lords in consultation the Archbishop after pardon prayed that for better clearing himself he might be tryed in full Parliament by his Peers which was granted In the seventeenth in Camera Alba now the Court of requests Rex cum magnatibus conveniunt Communes super negotiis Regni In the tenth of Richard the second the King departed from the Parliament in some discontent when after some time Lords are sent to pray his presence and informe his Majesty that if he forbear his presence amongst them fourty dayes that then Ex antiquo Statuto they may returne absque doâ—igerio Regis to their severall homes Henry the fourth began his first Parliament the first of November and was the twenty seventh of the same moneth at a debate about the Duke of Brittany the thirtieth day the Cause of the Archbishop of Canterbury was before him proposed only The third of November he was at the debate whether the Commons had right of Judicature yea or no. On the tenth he was with the Lords in their consultation about the expedition against the Scots the creation of the Duke of Lancaster and prohibition of a new sect for entring his Kingdom Some Ordinances were at this time consulted of before him about the staple and the sentence against Haxey after dispute revoked This King began his second Parliament the twentieth of January and on the ninth of February was present to make agreement betwixt the Bishop of Norwich and Thomas of Erpingham On the twentieth day of the same moneth he was present at Counsell for repressing the Welch Rebells for revocation of stipends and concerning the Priors Aliens On the 26. they advise before the King of the Cistertians order On the second of March of the Statute of Provisions the Keeper of the privy Seal of relieving the two Universities And on the ninth of March they mediate before the King a reconciliation betwixt the Earl of Rutland and the Lord Fitzwater He also began a Parliament in the fifth year upon the fifteenth of January and on the twentieth they advise before the King of guarding the Seas and the Welsh rebellion On the eighth of February the Earl of Northumberland is charged before the King and in his presence and by his permission divers of whom he knew no harme were removed from the Court. The next day at the Petition of the Commons he took upon him to reconcile the Earles of Northumberland and Westmerland And on the two and twentieth of February of the Earles of Northumberland and Dunbarre In a Parliament of 27 of Hen. the 6. a Challenge of seate in Parliament betwixt the Earles of Arundell and Devonshire was examined and appointed by the KING with the advice of the Lords In that great capitall cause of the Duke of Suffolke the 28 of Hen. 6. I finde not the King once present at the debates but the Duke appealing from his tryall by Peerage to the King is brought from out of the house of Lords to a private Chamber where the King after the Chancellor in gross had declared his offence and his refusall the King himself but not in place of judgement adjudged his banishment By the Rolls of Edward the fourth it appeareth that he was many dayes
but his Officers and some few excepted to carry any Sword or long Bastard under pain of forfeiture and Imprisonment The same King in the 19th of his raign and upon the Marriage with the French Kings daughter commanded by Proclamation Ne quis Miles Armiger seu alius Ligeus aut Subditus suus cujuscunque status aliquem Francigenam seu quemcunque alium qui de potestate obedientia regis existerit Vpon what pretence soever ad aliqua facta Guerâ—â—rum seu actus armorum exigat sub forisfactura ominum quae Regi forisfacere poterit And as in the Kings power it hath ever rested no forbid Combates so it hath been to determine and take them up Thus did R. 2. in that so memorable quarrel between Mowbray and Hereford by exiling them both And when Sir John de Anestie and Tho. de Chatterton were ready to fight candem quaerelam Rex in manum suam recepit saith the Record And De mandato Regis direptum est praelium inter Johannem Bolmer Bartramum de Vesana in the time of Henry the fourth Sir John Fitz-Thomas being produced before the Earl of Glocester Deputy of Ireland and there Challenged by Sir William deVessy to have done him wrong in reporting to the King that Sir William aforesaid should have spoken against the King defamatory words of which Sir John there presented a Schedule Willielmus audito tenore Schedulae praedictae dementitus est praedictum Johannem dicendo mentitus est tanquam falsus proditor denegavit omnia sibi imposita tradidit vadium in manum Justiciarij qui illud ad misit Et Praedictus Johannes advocavit omnia dementitus est simil dictum Willielm Whereupon the Combat was granted and the time and place inrolled but the Process was adjourned into England before the King who with his Counsell examining the whole proceeding and that Quia Willielmus attachiatus fuit ad respondend Johanni praedicto super diffamatione principaliter non sit citatus in Regno isto placitare in Curia Regis placita de diffamationibus aut inter partes aliquas Duellum concedere in placitis de quibus cognitio ad curiam Regis non pertinet And for that the Judge vadia praedictorum Johannis Willielmi cepit priusquam Duellum inter eos consideratum adjudicatum fuit quod omnino contra legem est consuetudinem Regni Therefore per ipsum Regem Concilium concordatum est quod processus totaliter adnulletur And that the said John and Willlam eant inde sine die salva utrique eorum actione sua si alias de aliquo in proedicto processu contento loqui voluerint In a Combat granted in a Writ of right Philip de Pugill one of the Champions oppressus multitudine hominum se defendere non potuit Whereupon the People against him in perpetuam defamationem suam in eodem Duello Creantiam proclamabant which the King understanding Assensu Concilii statuit quod praedict Philippus propter Creantiam praedict liberam legem non omittat sed omnibus liberis actibus gauderet sicut ante Duellum gaudere consuevit What penalty they have incurred that without law or license have attempted the practise of Arms or their own Revenge may somewhat appear by these few Records following William Earl of Albemarle was Excommunicated Pro Torniamento tento contra praeceptum Regis To which agreeth at this day for the Duell the Councel of Trent and that held at Biturio in Anno 1584. John Warren Earl of Surrey was fined at a thousand marks pro quadam transgressione in insultu facto in Alanum de la Zouch Talbois was committed to the Tower for attempting to have slain the Lord Cromwell And because Robertus Garvois insultum fecit percussit Edwardum filium Williel mi inquisitio facta est de omnibus tenementis catallis praedicti Roberti Edw. Dallingrige accused by Sir John St. Leger before the Kings Justices Prâ— venatione aliis transgressionibus answered that these accusations were false and threw down his Glove and challenged disrationare materias praedictas versuâ— praedictum Johannem per Duellum Sed quis contra legem terrae vadiavit inde Duellum he was committed to Prison quousque satisfaceret Domino Regi pro contemptu Sir Nicholas de Segrave a Baron Challenged Sir John de Cromwell and contrary to the Kings prohibition because he could not fight with him in England dared him to come and defend himself in France therein as the Record saith subjecting as much as in him lay the Realm of England to the Realm of France being stayed in his passage at Dover was committed to the Castle brought after to the Kings Bench and there arraigned before the Lords confesled his fault submitted himself to the King de alto basso Wherefore judgement is given in these words Et super hoc Dominus Rex volens habere avisamentum Comitum Baronum Magnatum aliorum de consilio suo injunxit eisdem in homagio fidelitate ligeantia quibus ei tenentur quod ipsi considerent quails poena pro tali facto fuerit infligenda Qui omnes habito super hoc consilio dicunt quod hujusmodi factum moeretur poenam amisionis vitae Whereupon he was committed to the Tower Ro. Archerd that attended him into France was committed to prison arraigned fined at 200 marks In the end aftermuch intercession the L. Segrave was pardoned by the King but could not obtain his liberty until he had put in security for his good behaviour But this course holdeth proportion with an ancient law made by Lotharius the Emperor in these words De hiis qui discordiis contentionibus studere solent in pace vivere noluerint inde convicti fuerint similiter volumus ut per fidejussores ad nostrum Palatium veniant ibi cum nostris fidelibus considerâ—bimus quid de talibus hominibus faciendum sit A BREIF ABSTRACT Of the Question of PRECEDENCIE BETWEEN ENGLAND AND SPAINE Occasioned by Sir Henry Nevill The Queen of Englands Ambassador and the Ambassador of Spain at Calais Commissioners appointed by the French King who had moved a Treaty of Peace in the 42. year of the same QUEEN Collected by Robert Cotton Esquire at the commandment of her Majesty Anno Domini 1651. LONDON Printed in the Year 1672. A BRIEF ABSTRACT ACT Of the Question of Precedency between England and Spain c. Precedency of the King in respect of place Antiquity as a Kingdom or a Christian Kingdom or Eminency of the Throne Royal or person Nobility of bloud or Antiquity of Government Precedencie of England in respect of the Antiquity of the Kingdome TO seek before the decay of the Roman Empire the antiquity of any Kingdome is meer vanity when as the Kingdomes of Christendome now in being had their rising from the fall thereof at which
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
but it must value in pecunia quantum in massa And Silver is a Commodity as other Wares and therefore holdeth his estimation as they do according to the goodness And the Lord Treasurer Burleigh in Anno 1561. when the currant of State-Councel affected an abasement of Coine after a grave deliberation advised the Queen from it and never would give way to any such resolution in his time But that benefit which truly the King might more make of Bullion then now he doth is to erect again Cambium Regis his own exchange An office as antient as before Henry 3. and so continued unto the middle of Henry 8. the profit of it being now ingrossed among a few Gold-Smiths and would yield above 10000. l. a year if it were heedfully regarded and then should the King himself keep his Mint in continual work and not stand at the devotion of others to supply Bullion and should never want the materials if two things were observed The one to permit all men bringing in Bullion to trade outward the value thereof in domestick Commodities at an abated Custome The other to abate the mighty indraught of forreign manufactures and unnecessary Wares that the outward trade might over-balance the inward which otherwise will as it hath done draw on this desperate consumption of the Common-Wealth Which anno 27. Edward 3. was otherwise for then the Exitus exceeded the Introitus by far and in the last times of the late Queen as in anno 1573. For at this time the unmeasurable use of luxurious Commodities was brought in as Wines Spices Silk and fine Linnens c. for of the latter sort of above ten groats the Ell there is above 360000. l. yearly spent which is half the value of our cloths transported maketh the State to buy more then they do sell whereas a good Father of a family ought to be vendacem and not emacem Besides the condition of our People is now such that the greater part neither get nor save which in a private house is an apparent argument of ruining and must be no less in a Common-Wealth And it is observed generally that hence the want of Bullioin now is such that there is not money in Specie sufficient to pay the lenders their principal so that usury is paid for money upon supposition and not really If then his Majesty shall be pleased by advise of his Councel to advantage himself any otherwise by coinage it will be safer to do it upon a simple mettal then by any implyant or beater suite which well governed States both modern and antient used For Rome in her increase and greatest pitch of glory had their money aere argento auro puto puro and so have all the Monarchies absolute at this day in Christendome And I believe it may be wrought to his Majesty of good value and to the State of much ease if it may be put in practise with discreet caution and constant resolution for the danger onely may be in the venting of the quantity which may clogge the State with useless money or extension of the example which may work in by degrees an embasement of Bullion The proportion that I would hold beneficial and safe should be in the Mass at first 120000. l. by which his Majesty should gain 10000. clearly the increase annual 12000. l. in which his Majesty should gain 1000. And the limitation that none be enforced to take any but in summes under 20 s. and then but the twentieth part proportionably Against this some may object that it will either not advantage the King so much as it projected either from the difficulty in venting or facility in Counterfeiting or else prejudice the estate with a worthless money The benefit to the King will easily fall out if he restrain Retailers of victual and small Wares from using their own tokens for in and about London there are above 3000. that one with another cost yearly 5. l. apiece of leaden Tokens whereof the tenth remaineth not to them at the years end and when they renew their store which amounteth to above 15000. l. And all the rest of this Realm cannot be inferiour to the City in proportion And the form and figure may with an Engine so subtilly be milled that the charge will prevent all practise of false play For the prejudice since London which is not the 24. part of the People of the Kingdome had in it found above 800000. by a late inquiry by order of the late Queen and so falleth out to be 2 d. a person in the intire state it may nothing either of loss by the first uttering being so easie nor burthen any with too great a Mass at a time since continual use will disperse so small a quantity into so many hands But on the other side will be to the meaner sort except the Retailers that made as much advantage formerly of their own Tokens as the King shall now of necessary use and benefit For the buyers hereafter shall not by tyed to one Seller and his bad Commodities as they are still when his tokens hereafter made currant by authority shall leave him the choise of any other Chapman and to the Poor in this time of small charity it will be of uch relief since men are like to give a farthing Almes that will not part with a greater sum Besides it cannot but prevent much waste of Silver that is by the minting pence and half pence occasioned there will be no cause hereafter to cut any Bullion into proportion so apt for losse what that hath been may be conjectured if we mark but of the great quantities from the peny downward since Henry 8. time stamped how few remain whereas of all the Coines from three pence upward which are manual plenty pass still in dayly payment Regalities mixt As for restitution of the temporalities of Abbots and Bishops For which Henry 7. received great sums Corrodies in Cathedral Churches And having in every Cathedral and Collegiate Church as incident to his Crown a Corradary made money of it at the highest rate he could Vacancy of Bishopricks The benefit at the vacancy of any Bishop some Kings have used to their best advantage making a circular remove of as many as in reputation and profit was inferiour to the place void Concurrent Jurisdiction as the Pope had in former times Besides there are two of no mean commodity The one is grounded upon a concurrent Jurisdiction with every Ordinary in the Diocess which the King by having the power Papall in that point invested in him by Act of Parliament may exercise by his Commission or otherwise remit to the Ordinary for some valuable respect Thus did Cardinal Woolsey with Warham the Arch-bishop and all other the Bishops of the Kingdome after he had got his Legative power And this if it were put in practise would draw to the King 20000. l. in his Coffers Tenths of the Church-Lands now in the Laity The other is
as a blemish upon Princes that do the contrary Thus we see it was with Henry the sixth who after he had begun with abating the measure he after fell to abating the matter and granted commissions to Missenden and others to practise Alchemy to serve his Mint The extremity of the State in general felt this aggrievance besides the dishonour it laid upon the person of the King was not the least advantage his disloyal Kinsman took to ingrace himself into the Peoples favour to his Soveraign's ruine VVhen Henry the 8. had gained asmuch of Power and Glory abroad of Love and Obedience at home as ever any he suffered Shipwrack of all upon this Rock VVhen his Daughter Queen Elizabeth came to the Crown she was happy in Council to amend that Error of her Father For in a Memorial of the Lord Treasurer Burliegh's hand I find that he and Sir Thomas Smith a grave and learned man advising the Queen that it was the honour of her Crown and the true wealth of her Self and People to reduce the Standard to the antient purity and pâ—rity of her great Grand-Father King Edward 4. And that it was not the short ends of VVit nor starting holes of devises that can sustain the expence of a Monarchy but sound and solid courses for so are the words She followed their advise and began to reduce the Monies to their elder goodness stiling that work in her first Proclamation Anno 3. A Famous Act. The next year following having perfected it as it after stood she tells her People by another Edict that she had conquered now that Monster that had so long devoured them meaning the Variation of the Standard And so long as that sad Adviser lived she never though often by Projectors importuned could be drawn to any shift or change in the Rate of her monies To avoid the trick of Permutation Coyn was devised as a Rate and Measure of Merchandize and Manufactures which if mutable no man can tell either what he hath or what he oweth no contract can be certain and so all commerce both publique and private destroyed and men again enforced to Permutation with things not subject to wit or fraud The regulating of Coine hath been left to the care of Princes who are presumed to be ever the Fathers of the Common-VVealth Upon their honours they are Debtors and VVarranties of Justice to the Subject in â—hat behalf They cannot saith Bodin alter the price of the moneyes to the prejudice of the Subjects without incurring the reproach of Faux Mâ—nnoyeurs And therefore the Stories term Philip le Bell for using it Falsificateur de Moneta Omnino Monetae integritas debet queriubi vultus noster imprimitur saith Theodoret the Gothe to his Mint-Master Quidnam erit tutum si in nostra peccetur Effigie Princes must not suffer their Faces to warrant falshood Although I am not of opinion with Mirror des Justices the antient book of our Common Law that Le Roy ne poit sa Mony Empeirer ne amender sans l'assent de touts ses Counts which was the greatest Councel of the Kingdome yet can I not pass over the Goodness and Grace of money of our Kings As Edward the 1. and the 3. Henry the 4. and the 5. with others who out of that Rule of this Justice Quod ad omnes spectat ab omnibus debet approbari have often advised with the people in Parliament both for the Allay Weight Number of peeces cut of Coynage and exchange and must with infinite comfort acknowledge the care and Justice now of my Good Master and your Lordships Wisdoms that would not upon information of some few Officers of the Mint before a free and careful debate put in execution this Project that I much under your Honours Favour suspect would have taken away the Tenth part of every man's due debt or Rent already reserved throughout the Realm not sparing the King which would have been little lesse then a Species of that which the Roman Stories call Tabulae novae from whence very often seditions have sprung As that of Marcus Gratidianus in Livie who pretending in his Consulship that the Currant money was wasted by use called it in and altered the Standard which grew so heavy and grievous to the People as the Author saith because no man thereby knew certainly his Wealth that it caused a Tumult In this last part which is the Disprofit this enseebling the coyn will bring both to his Majestie and the Common-Wealth I must distinguish the Monies of Gold aud Silver as they are Bullion or Commodities and as they are measure The one the Extrinsick quality which is at the King's pleasure as all other measures to name The other the Intrinsick quantity of pure metall which is in the Merchant to value As there the measure shall be either lessened or inlarged so is the quantity of the Commodity that is to be exchanged If then the King shall cut his shilling or pound nominal less then it was before a lesse proportion of such Commodities as shall be exchanged for it must be received It must then of force follow that all things of necessity as Victuall Apparell and the rest as well as those of Pleasure must be inhaunced If then all men shall receive in their shillings and pounds a lesse proportion of Silver and Cold then they did before this projected Alteration and pay for what they buy a rate inhaunced it must cast upon all a double loss What the King will suffer by it in the Rents of his lands is demonstrated enough by the alterations since the 18. of Edward the 3. when all the Revenue of the Crown came into the receipt Pondere Numero after five groats in the ounce which since that time by the severall changes of the Standard is come to five shillings whereby the King hath lost two third parts of his just Revenue In his Customs the best of rate being regulated by pounds and shillings his Majesty must lose alike And so in all and whatsoever monies that after this he shall receive The profit by this change in coynage cannot be much nor manent In the other the loss lasting and so large that it reacheth to little less then yearly to a sixth part of his whole Revenue for hereby in every pound tale of Gold there is nine ounces one penny weight and 19 grains loss which is 25 l. in account and in the 100 1. tale of Silver 59 ounces which is 14 l. 17 s. more And as his Majestie shall undergoe all these losses hereafter in all his receipts so shall he no less in many of his disbursements The wages of his Souldiers must be rateably advanced as the money is decreased This Edward the third as appeareth by the account of the Wardrobe and Exchequor as all the Kings after were enforced to do as oft as they lessened the Standard of their monies The
and so transported and his Mint thereby set less on work then now 3. Whether the advancing the Silver-coyn in England will not cause a transportation of most of that that is now currant to be minted in the Netherlands and from them brought back again whereby his Majestie 's Mint will fail by the exported benefit 4. Whether the advancing the Silver coyn if it produce the former effects will not cause the Markets to be unfurnished of present coyn to drive the exchange when most of the old will be used in Bullion 5. Whether the higher we raise the Coyn at home we make not thereby our Commodities beyond-sea the cheaper 6. Whether the greatest profit by this enhauncing will not grow to the ill members of the State that have formerly culled the weightiest peeces and sold them to the stranger-Merchants to be transported Certain General Rules collected concerning Money and Bullion out of the late Consultation at Court GOld and Silver have a twofold estimation in the Extrinsick as they are monies they are the Princes measures given to his people and this is a Prerogative of Kings In the Intrinsick they are Commodities valuing each other according to the Plenty or scarcity and so all other Commodities by them And that is the sole power of Trade The measures in a Kingdom ought to be constant It is the Justice and Honour of the King for if they be altered all men at that instant are deceived in their precedent contracts either for Lands or money and the King most of all for no man knoweth then either what he hath or what he oweth This made the Lord Treasurer Burleigh in 73. when some Projectors had set on foot a matter of this nature to tell them that they were worthy to suffer death for attempting to put so great a dishonour on the Queen and detriment and discontent upon the People For to alter this publick measure is to leave all the Markets of the Kingdome unfurnished and what will be the mischief the Proclamations of 5. Edwardi 6. 3. Mariae and 4. Elizabethae will manifest when but a Rumor of the like produced that effect so far that besides the faith of the Princes to the contrary delivered in their Edicts they were inforced to cause the Magistrates in every Shire respectively to constrain the people to furnish the Markets to prevent a mutiny To make this measure then at this time short is to raise all prizes or to turn the money or measure now currant into disise or Bullion for who will depart with any when it is richer by seven in the hundred in the Mass then the new monies and yet of no more value in the Market Hence of necessity it must follow that there will not in a long time be sufficient minted of the new to drive the exchange of the Kingdome and so all Trade at one instant at a stand and in the mean time the Markers unfurnished Which how it may concern the quiet of the State is worthy care And thus far as money is a measure Now as it is a Commodity it is respected and valued by the intrinsick quality And first the one metall to the other All commodities are prized by Plenty or scarsity by dearness or cheapness the one by the other If then we desire our Silver to buy Gold as it late hath done we must let it be the cheaper and less in proportion valued and so contrary for one equivalent proportion in both will bring in neither We see the proof thereof by the unusual quantity of Gold brought lately to the Mint by reason of the price for we rate it above all other Countries and Gold may be bought too dear To furnish then this way the mint with both is altogether impossible And at this time it was apparently proved both by the best Artists and Merchants most acquainted with the Exchange in both the examples of the Mint-masters in the Rex Dollar and Reall of Eight That Silver here is of equal value and Gold above with the forreign parts in the intrinsick and that the fallacy presented to the Lords by the Mint-Masters is only in the nomination or extrinsick quality But if we desire both it is not raising of the value that doth it but the ballasing of Trade for buy we in more then we sell of other Commodities be the money never so high prized we must part with it to make the disproportion even If we sell more then we buy the contrary will follow And this is plain in Spain's necessities For should that King advance to a double rate his Reall of 8. yet needing by reason of the barrenness of his Countrey more of Forreign Wares then he can countervail by Exchange with his own he must part with his money and gaineth no more by enhauncing his Coyn but that he payeth a higher price for the Commodities he buyeth if his work of raising be his own But if we shall make improvement of Gold and Silver being the staple Commodity of his State we then advancing the price of his abase to him our own Commodities To shape this Kingdom to the fashion of the Netherlanders were to frame a Royal Monarch by a Society of Merchants Their Countrey is a continual Fair and so the price of Money must rise and fall to fit their occasions We see this by raising the Exchange at Franckford and other places at the usual times of their Marts The frequent and daily change in the low Countries of their monies is no such injustice to any there as it would be here For being all either Mechanicks or Merchants they can rate accordingly their labours or their wares whether it be coyn or other Merchandise to the present condition of their own money in Exchange And our English Merchants to whose profession it properly belongs do so according to the just intrinsick value of their Forreign coyn in all barter of Commodities or exchange except at Usance Which we that are ruled and tyed by the extrinsick measure of monies in all our constant Reckonings add Annual bargains at home cannot do And for us then to raise our coyn at this time to equal their proportions were but to render our selves to a perpetual incertainty for they will raise upon us daily then again which if we of course should follow else receive no profit by this present change we then destroy the Policy Justice Honour and Tranquility of our State at home for ever THE DANGER WHEREIN THIS KINGDOME NOW STANDETH AND THE REMEDY Written by Sir ROB. COTTON Knight and Baronet LONDON Printed in the year 1651. THE DANGER Wherein this Kingdome now standeth and the REMEDIE AS soon as the house of Austria had incorporated it self into the house of Spain and by their new Discoveries gotten to themselves the Wealth of the Indies they began to affect and have ever since pursued a fifth Monarchy The Emperour Charles would first have laid the foundation thereof in Italy