THE ANTIQUITY AND DIGNITY OF PARLIAMENTS. Written by Sir ROBERT COTTON. LONDON, Printed Anno Domini MDCLXXIX. That the Kings of England have been pleased, usually to Consult in the Great Council of Marriage, Peace and War, with their Peers and Commons in Parliament. William the Conqueror. TO search so high as the Norman Conquest, that is necesary to lay down the Form and Government of those Times, wherein State-Affairs were led in another Form of public Councils: For the People wrought under the Sword of the First William, and his Followers, to a subjected Vassalage, and could not possess in such Assemblies, the Right of their former Liberties, Division and Power having mastered them, and none of their own Nobility and Heads being left, either of Credit or Fortunes. Doomsday Book. What he retained not in Providence, (as the Demesnes of the Crown) or reserved in Piety, (as the Maintenance of the Church) he parted to those Strangers that sailed along with him, in that Bark of his Adventure, leaving the Natives for the most part, (as appeareth in his Survey) in no better condition than Villainage: Admerus. Huntingdon. He moulded their Customs to the manner of his own Country, and forbore to grant the Laws of holy Edward, so often called for. Ex libro Feodaris in Scaccio. To supply his occasions of Men, Money and Provision, he ordered, that all those that enjoyed any fruit of his Conquest, should hold their Lands proportionable by so many Knight's Fees of the Crown, admitted them to enfeoff their Followers, with such parts as they pleased of their own Portions; which to ease their Charge, they did in his and his Sons times, Hen. 4. Statut. by two Enfeoffments, the one de Novo, the other de Veteri. This course provided him the body of the War; the Money and Provision was by Head-age assessed on the common People, Ex libro Rubro Scaccio. at the Consent of the Lords, who held in all their Signories such Right of Regality, that to their Vassals, as Paris saith, Cronicom de Dnustable. Quot Domini, tot Tyranni, and proved to the King so great a Curb, and restraint of Power, that nothing fell into the Care of his Majesty after, Benedict Monard in vita Hen. 2. more than to retrench the Force of his Aristocoited, that was in time like to strangle the Monarchy. Though others foresaw the Mischiefs betimes, yet none attempted the Remedy, until King John, whose overhasty Undertaking, brought in these Broils of the Baron's Wars. There needed not before this Care, to advise with the Commons in any public Assembly, when every Man in England, by Tenure, held himself to his great Lord's Will, whose presence was ever regnized in those great Councils, and in whose Assent, his dependant Tenants Consent was ever included. Before this King's Time then, Claus. 6 an Dorso. we seek in vain for any Commons Called; they were ever Called for making of Laws, but not to Consult touching War or Peace: He first, as may be gathered, (though darkly by the Records) used their Counsels and Assents in the 6th. year of his Reign. Here is the first Summons in Record to the Peers or Barons: Tractatur de magnis & ardinis negotiis: It was about a War of Defence against the French, and at that time the Commons were admitted. Parts 6. Ro. 2. in Dorso. As this time that may fitly be gathered by this Ordinance, Provisum est communi assensu Archiepiscoporum Commotium, Barronium & omnium fidelium nostrorum Angliae quod novem Milites per Angliam inveniend. de communi Ro. And this was directed to all the Sheriffs in England, the ancient use in public Laws. From this there is a break, until 18 Hen. 3. where the next Summons extant is in a Plea-Roll of that year; Claus. 49. Hen. 3 in Dorso. but the Ordinances are lost, from thence the Record affords no light, until the 49th. of the same King, where then the Summons to Bishops, Lords, Knights and Burgesses, are much in manner, though not in matter, alike to the Use of our Times. This Parliament was Called to advise with the King, propace asseveranda & firmanda, they are the words; and where Advice is required, Consultation must be admitted. To this King succeeds Edw. I. his Son a wise, a just, and a fortunate Prince: Edw. I. In his Reign we have no light of any public Counsel in this kind, and so along to the 4th. of his Grandchilds Reign, but what we borrow in the Rolls of Summons, wherein the Form stood various according to the occasions, Ex Rot. Parl. in Archivis London. until that grew constant in the form that's now about the entering of Rich. II. the Journal Rolls being spoiled by the injury of Time, or private Ends. The King in the 5th. of his Reign, Called a Parliament, and therein advised with his Lords and Commons, Claus. 5. Edw. I. in Dorso. for the suppressing Lluellin, Prince of Wales; and hearing that the French King intended to some pieces of his Inheritance in France, summoned a Parliament, Claus. 7. Edw. I. m. 3. in Dorso. ad tractandum, ordinandum, & favendum cum Praelatis proceribus & aliis Incolis Regni qualibet hujusmodi Periculis, & Excogitatis militiis sic abjurand. inserting in the Writ, that that was Lex justissima provida Circumspectione stabilita; that that which omnes tangit ab omnibus approbetur, Claus. 34. Ed. I. in Dorso. in the 34th. of his Reign, super ordinatione & stabiliamento Regni Scotiae, he made the like Convention. His Son, the II. Edw. pro solempnitate sponsialum & Coronaronis, Edw. 2. Claus. 1.19 m. Claus 6.3 m. Claus▪ 8.3 m. Claus. 13. m 13. in Dorso. consulted with his People in his first year; in his 6th. year, super diversis negotiis Statum Regni & expedtione Guerrem Scotiae specialiter tangentibus, he assembled the State to advise; the like he did in his 8th. year. The French King having invaded Gascoigne, Claus. 16. m. 27 in the 13th. year of the Parliament, was Called, super ordinis negotiis statum Ducatus Gasconiae tangentibus; and in the 16th. to consult, ad refraenandum Scotorum obstinantiam & malitiam. Before Edw. III. would resolve in his first year, Edw. 3. Claus. 1. whether Peace or War with the Scots King, he summoned the Peers and Commons, super praemissis tractare & Consilium impendere. The Chancellor, Anno 5. declareth from the King the cause of that Assembly, and that that was to consult and resolve, whether the King should proceed with France, Rot. Parl 5. for the recovery of his Signories, by Alliance of Marriage, or by War; and whether to redress the Disobedience of the Irish, he should go thither in person or no. The year following he reassembled his Lords and Commons, and requireth their Advice, whether he should undertake the holy Expedition with the French King or no; Parl. 6 Edw. 3. the Bishops and Proctors of the Clergy would not be present, as forbidden by the Commons such Counsels: The Peers and Commons consult, applauding the Religious and Princely forwardness of their Sovereign to this hard Enterprise; but humbly advise forbearance this year, for urgent Reasons. The same year, (though another Sessions,) the King demanding the Advice of his People, whether he should pass into France, to an Interview, as was desired, for the expediting the Treaty of Marriage: The Prelates by themselves, and the Earls and Barons by themselves, and the Knights of the Shires by themselves, Rot. Parl. 6 Edw. 3. Sess. 2. m. 6. consult apart, (for so is the Records) and in the end resolved, that to prevent some dangers likely to arise from the North, that would please the King to forbear his Journey, and to draw towards those Parts where the perils were feared, his presence being the best prevention; which Advice he followed. In the following Parliament at York, the King sheweth, how by their former Advice, he had drawn himself towards the North Parts, and now again he had assembled them, to advise further for his Proceed. To which the Lords and Commons having consulted apart, pray further time to resolve, until a full Assembly of the State: To which the King granting, adjourneth that Sessions. At their next Meeting, they are charged upon their Allegiance and Faith, to give the King their best Advice. Ret. 7 Edw. 3. Sess 2. Parl. 7 Edw. 3. m. 6. The Peers and Commons (consulting apart) delivered their Opinions, and so that Parliament ended. In the 13th. year, the Grandees and Commons are called to consult and advise, how the domestic Quiet may be preserved, the Marches of Scotland defended, and the Sea scoured from Enemies: The Peers and Commons (having apart consulted) the Commons desire not to be charged to Counsel in things, des queux ils neut pas Cognisaux, answer, that the Guardians of the Shire, assisted by the Knights, may effect the first, (if Pardons of Felony be not granted) the care of the Marches they humbly leave to the King and Counsel; and for the safeguard of the Seas, they wish that the Cinque-ports and Maritime Towns, (discharged for the most part from many Burdens of Inland Parts) may have that left to their Charge and Care; and that such as have Lands near the Seacoasts, be commanded to reside in those Possessions. The Parliament is the same year reassembled to advise, De expeditione Guerre in partibus transmarinis. Rot. Parl. 13 Edw. 3. Sess. 2. At this Assembly Ordinances are made for provision of Ships, arraying of Men for the Marches, and defence of the Isle of Jersey, naming such in the Record, as they conceived for the Employments. The next year, Parl. 14 Edw. 3. Parl. 15 Edw. 3 De la Poole accounteth the Expenses of the War; a new Aid is granted, and by several Committees, (in which divers were named, that were not Peers of Parliament) the safeguard of the Seas, and defence of the Borders, are consulted of. In the 15th. year, Parl. 17 Ed, 3. Assensu Prelatorum, Procerum, & aliorum de Consilio, the King's Passage into France is resolved of. In Anno 17. Badlesmore, in the place of the Chancellor, declareth to the Peers and Commons, That whereas by their Assents, the King had undertaken the Wars with France, and that by the Mediation of the Pope, a Truce was offered, which then their Sovereign forbore to entertain, without their well Allowance. The Lords apart consult; and also the Commons, returning by Sir William Trussel, in answer to their Advice and Desire to compose the Quarrel, approve the Truce, and the Pope's Mediation. The Pope's Undertaking proving fruitless, and delays to the French advantage, who in the mean space, (with Scotland and others) practised to root out the English Nation; in France, the King again assembled his Parliament the year following: In which the Peers and Commons, after many days of Deliberation, resolve to end that, either by Battle or Peace, and no more to trust to the Mediation of his Holiness. In the 12th. the Chief Justice Thorpe, Parl. 21 Edw. 3. declaring to the Peers and Commons, that the French Wars began by their Advice. First, The Truce, after by their Assents accepted, and now ended, the King's Pleasure was to have their Counsels in these Prosecutions: The Commons being commanded, Yils se devoirent ensemble & si ils assent le devoirent nostre an Roy & all Grandees de son Counsel, who after four days consulting, humbly desire of the King, that he would be advised herein by his Lords, and others of more Experience than themselves in such Affairs. To advise the King the best for his French Employments, Parl. 25 Ed. 3. a Parliament was summoned, Anno 25. wherein the King by a more public Dispatch, willeth the Commons to elect twenty four, or thirty, of their House, to consult with the Lords; these to relate to their Fellows, and the Conclusion in general, by the Lords to the King. In the 27th. a great Counsel is assembled, Parl. 27 Ed. 3 many of the Lay-Peers, few of the Clergy, and of the Knights of the Shires, and Burgesses, but one a piece. This was for the prosecution of the French Wars, when honourable following. A Truce being offered, the King forbore his Peers and Commons, which they in Parliament accorded unto before the Pope's Notary, by public Instinct. The dallying of the French King, in conclusion of Peace, Parl. 29 Ed. 3. and the falling off of the Duke of Britain, (having wrought his End with France, by reputation of the English Succour) is the year following declared in Parliament, and their Advice and Aid required for the King's Proceed. In the 36th. year, he Calleth his Parliament to consult, Parl. 36 Ed. 3. whether War or Peace, (by David King of Scots then offered) should be accepted. In the 40th. year, Parl. 40 Ed. 3. the Pope demanding the Tribute of King John, the Parliament assembled, when after Consultation a part. The Prelates, Lords and Commons, advise the denial, although it be by dint of Sword. In the 43d. the King declared to the Peers and Commons, Parl. 43 Fd. 3. that the French, against the Articles of the Truce, refused payment of the Moneys, and delivery of the Towns, summoning La Brett, and others of the King's Subjects in Gascoin, to make at Paris their Appeals, and had foraged his Country of Poitgers, requiring (in their breach) whether he might not regain hit style of France. The Lords and Commons had apart consulted; they advised the King to both, which he approving, altered the Inscription and Figure of his style. Two years after, it was declared to the Peers and Commons, Parl. 45 Ed. 3 that by their Advice, he had again resumed the style and quarrel of France, and therefore called their Advice, for the defence of the Realm against the French, securing of the Seas, and pursuing of the Wars; of which they consult and resolve to give the King an Aid. The like Council and Supply was the very next following. Parl. 46 Ed. 3. In the 50. a Parliament to the purpose of the former two was Summoned; Parl. 46 Ed. 3. and the year following the King in Parliament declaring how the French had Combined under hand against him with Spain and Scotland; required their advice how Peace at home, Territories abroad, Security of the Seas, and Charge of the War might be maintained. I have the longer insisted in observing the Carriage of those Times, so good and so glorious; after Ages having not left the Journal Entries of Parliament so full, which with a sighter hand I will pass through. Richard the 2d. his Grandchild succeeded to the Crown and Troubles, Rich. 2. Parl. 1. m. 5. a. 6. having nothing worthy his great Fortunes but his Birth: The first of his reign he pursued the steps of his Wise Grand father, advising with his Peers and Commons how best to resist his Enemies that had lately wronged many of his Subjects on the Sea Coasts. In the second year he again Consulted with his people how to withstand the Scots, Parl. 2 Rich 2. m. 1. who then had Combined with the French to break the Truce. In the third year calleth the advice of his Parliament how to maintain the Regality impaired by the Pope's Provisions, Parl. 3 Rich. 2. m. 4, 5. how to resist France, Spain and Scotland, that had raised Wars against him, Urban. 6. how to suppress his Rebels in Guzen and Ireland, and to defend the Seas. In the 4th. year of his Reign he calleth the like at Windser; the year following in a great Council the King having proposed a Voyage royal into France; Parl. 4 Rich 2. m. 2, 3. now called his Parliament to determine further of that: And that is worth observation, that for the most part, before any proposition of War or Peace were vented to the Commons; A debate thereof proceedeth in the great Council to shape that fit for popular advice. The quarrel with Spain continuing, the Duke of Lancaster offereth a Voyage against them, Parl. 5 Rich. 2. S●●. 2. a. so the State will lend him Money; after Consultation they grant an Aid, but not to bind them to any continuance of War with Spain. In the sixth, the Parliament was called to Consult about the Defence of the Borders, 〈◊〉 Rich. 2. 〈…〉. the King's Possessions beyond the Seas, Ireland and Gascoigne, his Subjects in Portugal. The Lords approve the Duke's intention for Portu all, and the Commons advise that the Bishop of Norwich having the Croycery, should Invade France. Parl. 6 Rich 2. S●ss. 1. a. The same year the State was reassembled, to consult whether the King should go in person to rescue Gaunt, or to send his Army. The Commons after two days debate, crave a Conference with the Lords; the effect is not entered in the Roll, only they by Sir Thomas Puckering their Speaker, protest, that Counsels of War did aptly belong to the King and his Lords: Yet since the Commons were commanded to give their Advice, they humbly wish a Voyage Royal by the King; if not, that the Bishop of Norwich might, with the advantage of the Pope's Croycery, be used in that service, who accepted the Charge with ill success. Here further the Commons pray, that the King's Uncle should not be spared out of the Realm, before some Peace was settled with the Scots, and that the Lord Delaspar, sent with Provisions of Peace from Spain, might first be heard. Parl. 7 Ri●h 2. S●ss. 4. The Chancellor, in the 7th year, in the Name of the King, willeth the Lords apart; and so the Commons do consult, whether Peace or War with Scotland, or whether to resist or to assail the King's Adversaries of Spain, France, or Flanders. Their Opinions are not entered in the Rolls, (an omission usually by the Clerk his neglect) only their Petition is recorded, that the Bishop of Norwich may account in Parliament the expense of the Money, and be punished for his faults, in the service he undertook; both which are granted. At the next Sessions, the same year, the Commons are willed to advise upon view of the Articles of Peace with the French, whether War, or such Amity should be accepted. They modestly excuse themselves, as too weak to counsel in so weighty Causes: But charged again, as they did tender the Honour and Right of the King, they make this Answer, Yils intrudont que astmis services terres y mesne lour liege anecoit ore per testarior in Guienne si serront tenus del Roy Francois per tril sernior la villa de Calais & altar terres acquise & conquise des Francois per les fore neve verroit la Come y aniuse Aiust fait si autrement preroit been fair, giving their Opinions rather for Peace than War. Peace with France not succeeding, the 8th. year the Body of the State was called to advise, whether the King in his own person, or the sending of Forces against the French, Spaniard, Flanders and Scotland, should proceed. Claus. 9 Rich. 2. The King having assembled at Oxon, his Great Counsel, to advise▪ whether he should pass the Seas or no with an Army Royal; and they not daring to assent without a greater Counsel, a Parliament, the 10th. year, was called, to have the Advice of the Commons as well as the Lords, Claus. 10 Ric. 2 how the Realm should be governed in their Sovereign's absence. Parl. 1; Rich. 2. The Truce with France now near expired; the Parliament was called in the 13th. year, to advise upon what Conditions it should be renewed, otherwise how the Charge of War should be sustained. Rot. Claus. 13 Rich. 2. At this Assembly, and by consent of all, the Duke of Lancaster is created Duke of Aquitain; the Statutes of Provisions now passed; the Commons are named partly in the Letter to the Pope. Boniface 9 Parl. 14 Rich. 2. The year succeeding, a Parliament is called, for that the King would have the Advice of his Lords and Commons for the War with Scotland, and would not without their Counsel, conclude a final Peace with France. The like Assembly for the Causes, was the year ensuing. The Commons humbly desire the King, to use a moderation in the Law of Provision, so that the Statute upon their dislike may again be exempted; and that to negotiate the Peace with France, the Duke of Aquitain may rather than another be employed. Parl. 17 Rich. 2 To consult of the Treaty with France for Peace, the King in the 17th. year calleth a Parliament; the Answer of the Lords is left unentered in the Rolls. The Commons upon their Faith and Allegiance charged, advise, that with good moderation, provision may be made for Guienne, an Apendage of the French Crown, so it trench not to involve the other pieces of the English Conquest. Their Answer is large, modest, and worthy to mark. Hen. 4. Parl. 5. Now succeeded a Man that first studied a Popularity, as needing all to support his Titles: He in the 5th. year calleth a Parliament, to repress the malice of the Duke of Orleans, and to advise for the Wars in Ireland and Scotland; neither Counsels nor supplies are entered into Roll; Parl. 6 Hen. 4. and to resist an Invasion intended by France and Britain, he assembleth the State again. Parl. 7 Hen. 4. m. 19, 20. The like was the two years following for France. In this the Commons confer with the Lords for Guard of the Sea, and make many Ordinances, to which the King assented: The Peace with the Merchants of Pruce, and the Hanse-Towns, is debated, and a Proclamation published, as they resolved by the Speaker. The Commons complain of 96 pieces of Ordnance lost in Guienne the year before; Claus. 7 Hen. 4. n 33. the need of the defence of the Borders, and Guard of the Seacoasts, 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 _____ the Key of three Realms, might be left to the Care of the English, not to Charles Navarr, a stranger, and to have a diligent Eye of the Scottish Prisoners. In the 10th. year a Parliament is called, and the Commons commanded to give their Advice about the Truce of Scotland, Pa●l. 10 Hen 4. and preparation against the malice of the French. Hen. 5. Parl. 1. His Son, the wise and happy Undertaker, consulteth with the Parliament in his first year, how to cherish his Allies, and restrain his Enemies. For this there was a select Committee of the Commons, appointed to confer with the Lords; the matter being entered into schedule touching Ireland, Wales, Scotland, Calis, N. 9 Guienne, shipping, Guard of the Seas, and marry provision to repulse the Enemy. Parl. 2 Hen. 5 In the 2d. he openeth to the Parliament his Title to France, a Quarrel he would present to death, if they allowed and aided; death in this Assembly enacted to all, that either break the Truce, or the King's safe Conduct. Parl. 3 Hen. 5 The year following, Peace being offered by the French King, and the King of the Romans, armed to effect the work; the King refused any conclusion, until he had had thereunto the Advice and Assent of his Lords and Commons; for which occasion the Chancellor declareth it to that Assembly. Parl. 4 & 5 Hen. 5. In the 4th. and 5th. year, no Peace concluded with France, he calleth the State together to consult about the War, concluding a Treaty of Amity with Sigismond, King of the Romans, by the allowance of the three Estates, and entereth Articles in the Journal Roll. Parl. 5 Hen. 5. The same year, by the Duke of Bedford, in the King's absence, a Parliament was called to the former purpose, as appeareth by the Summons, though in the Roll omitted. The like in the 7th. year. Parl. 7 Hen. 5. Rot. Parl. 10 Hen. 5. The Treaty with France is by the Prelate, Nobles and Commons of the Kingdom, perused and ratified, in the 10th. of this King. Hen. 6. Rot. Par. 2 Hen. 6. This Son, more holy than happy, succeeded, advised in the 2d. year with the Lords and Commons, for the well keeping of the Peace with France, consulteth with them about the delivery of the Scottish King, and the conclusion of it is confirmed by common Assent. Rot. Parl. 3 Hen. 6. And in the third year they are called to advise and consent to a new Article in the League with Scotland for Charge of Hostages. 9 Hen. 6. And in the ninth year conclude by name of certain persons to Treat a Peace with the Dauphin of France. The Treaty of Arras, Eugenius 4. (whether the Pope had sent as Mediators two Cardinals) not succeeding, the King in Parliament (in anno 1640.) showeth that he must either lose his Title and Kingdom of France, or else defend it by Force; the best means for prevention whereof, he willeth them to advise him. Parl. 15. Hen. 6. He Summoneth again the next year the Council, how the Realm might be best Defended, and the Sea kept Safe against the Enemies. Parl 20. Hen. 6. In the 20th. the Commons exhibit a Bill for Guard of the Sea; a certain number of Ships Assess wages, and dispose of Prizes, if any Fortune; to which the King accordeth: And that the Gronowayes may be declared Enemies for Assisting the Turk in the Spoil of the Rhodes Knights; and that the Privilege of the Prince and Hance Towns may be suspended, till Composition be made to the English for wronger they have done them. To which in part the King accordeth▪ Anno 27 H. 6. The King by the Chancellor declareth in Parliament, that the Marriage with Margaret the King of Sicily's Daughter, was Contracted for inducing the Peace made with the French, to which the Lords (not by their advice effected) make Protestation, enter it upon the Roll. Anno 25 H. 6. The King intending to pass in person into France, then to Treat of Peace with the King, advises with his Lords and Commons in Parliament; and Letters of Mart are granted against the Britain's for Spoils done to the English Merchants. The Lord Hastings and the Abbot of Gloucester declared in Parliament the Preparation of the French, Anno 27 H. 6. the Breach by them of the Peace, the weak defence of Normandy, and expiration shortly of the Truce; requiring speedy advice and remedy. Anno 29 H. 6. It was enjoined the Parliament to provide for the defence of the Sea and Land against the French. Anno 29 H. 6. It was commanded by the King to the States assembled, to advise for the well ordering of his House, payment of his Soldiers at Calais, Guard of the Seas, Raising of the Siege at Berwick made by the Scots against the Truce, disposing of the 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 4th. by the Chancellor declareth to the Lords and Commons, Ed. 4. Anno 7. that having Peace with the Scots, entered League with Spain and Denmark, Contracted with Burgundy and Britain for their Aid, in Recovery of his Right in France; he had now Assembled them to give their Advise and Counsel therein proceeding, with a Charge in a second Session again pressed them. Anno 12 Ed. 4. The like was at another Parliament. Hen. 7. After this time the Journals of Parliaments have been either not well preserved, or not carefully Entered: For I can find of this nature no Record, until the first of Hen. the 7th. wherein the Commons, by Thomas Lovel their Speaker, Petitioned the King to take to Wife Elizabeth the Daughter of Edward the 4th. to which at their request agreeth. The next is the third of Henry the 8th. in which, Hen. 8. Rot. Parl. 3. Hen. 8. from the King the Chancellor delivereth to the three Estates the Cause of their Assembly. The first to advise a course for resisting the Invasion of the Scots: Next how to acquit the Quarrel between the King and the Castile's, and the Duke of Guilders. Lastly, for resisting the Pope against Lewis of France, Julius' 2. whose Bull expressing the Injuries done to the See Apostolic, was read by the Master of the Rolls in open Parliament: The Chancellor, Treasurer, and other Lords sent down unto the Commons to confer thereof. The last in the 32. where the Chancellor remembering the many Troubles the State had undergone in doubtful Titles of Succession, Rott. 3 Hen. 8 Parl. declareth that the Convocation had judged void the Marriage with Anne of Cleve; yet the King would not proceed without the Counsel of the three Estates. The two Archbishops are sent to the Commons with the Sentence Sealed, which being read, and there discussed; Ex Instrument. Original. they pass a Bill against the Marriage. In all these passages of public Council, wherein I have been much assisted by the painful Labours of Mr. Elsing Clerk of the Parliament, I still observe that the Sovereign Lord, either in best Advice, or most Necessities, would entertain the Commons with the weightiest Causes, either Foreign or Domestic, to adapt and bind them so to readiness of Charge; and they as warily avoiding to shun Expense: Their Modest answers may be a Rule for ignorant liberty to form their duties, and humbly to entertain such weighty Counsels at their Sovereign's pleasure; and not out of the wild fin of any Factious Spirits. I will only add one Foreign Example, to show what use hath been formerly made of pretended Marriages, and of Parliaments to dissolve them, their first ends served. Maximilian the Emperor, and Ferdinand of Spain; the one to secure his Possessions in Italy, the other to secure the Kingdom of Navarre: To both which the French King stood in the way, projecting a Marriage of Charles the Grandchild with Mary the King of England's Sister: It was embraced a Contract, per verba de presenti, passed, and a Book published, of the Benefit and Liberty to ensue the Christian World by this Match. Upon this ground Ferdinand gins to incite King Henry the 8th. to War in France; presents him with Succour, designs him Guienne to be the Mark: Dorset is sent with Men and Munition to join with the Spanish Forces. Then on the Borders of Navarre the noise is, they come to assist Ferdinand in Conquest of that Kingdom, which (though false) gain such reputation, that Albird was disheartened, and Ferdinand possessed himself of that which his Successors since retained, his ends served; the English Army in the depth of Winter, weak and weather-beaten, are returned fruitless. Maximilian then allureth the Young and Active King to begin with France on the other side Turway; and Turway is now the Object whether Henry the 8th. goeth with Victory, but advised with that pittance, maketh an end with France, whose Eye and Heart was set on Maximilian. A new Bait the Old Emperor casteth out to catch the ambitious Young man: Extract. Original. 15 15. He will needs Resign unto him the Empire, too heavy for his Age to bear. The Cardinal Sidanensis is sent over to Sign the Agreement, (which he did) and France must now again be made an Enemy. To prevent this danger, France releaseth his Title to Naples and offereth his Infanta Lampsia to Maximilians Grandchild, Extract. Orig. 15, 16. Charles of Noyen. This is acted in the dark; and at Arno the French Commissioners come up the back Stairs with 60000. and the engrossed Covenants, when they abused the King of England's Ambassadors; a pace went down the other way. The Lord Cardinal returneth home, meeteth by the way the fowl play of his Master, and Writ to the King of England; not in Excuse, but in Complaint, contra per fideam Principium, an Honest Servant. Ferdinand and Maximilian dead, Francis and Charles are Competitors for the Empire. Henry the 8th. is Courted for his help by both, the one with tye of Alliance (for the Infanta, Ex Literis Car. Regis Hisp. Dauphin had offered to Henry the 8th. the other with the like; the one will make his Daughter a Queen in present, which the Dauphin cannot do; and by his favour an Empress. To further Francis, Ex Literis Car. 5 Impr. Orig. was but to win ambition, to pray upon all his Neighbours. The English is won, and winneth for Spain, all the Imperial Wealth, which Charles (in two Letters I have of his own Hand) then thankfully confessed. From Aquisgrave he cometh Crowned in haste to England; Extract Widosil. weddeth at Windsor the King's Daughter; contracteth to join in an Invasion of France; to divide it with his Father-in-law by the River of Rhodines; and sweareth at the Altar in Paul's to keep Faith in all. Bourbon is wrought from France, and entereth the Province with an Army, Ex Orig. Instr. paid with King Henry's Money; Suffolk passeth with the English Forces by Picardy: But Charles the Emperor, who should have entered by Gwyen, Ex literis Rici Par. & Joh Russel. faileth, drawing away Bourbon from a straight siege of Massels, to interrupt Francis, then entered Italy; and so the Enterprise of France is defeated. The French King is at Pavy taken Prisoner by Pescaro, Extract. Madrid 115.20. led to Genua, carried into Spain by the Emperor's Galleys, and forced at Madrid to a hard Bargain, without privity to Hen. 8. or provision for him, who had born the greater Charge of that War. Now the Emperor effecteth that Monarchy, Ex Rot. Comp Russello & Pacis. that hath ever since (as some say) infected the Austrian Family of Rome; the fatal old Seat of Government, must be the Seat of this new Empire; Bourbon, and after Moncado, are directed to surprise it; Angelo, the observant Friar, is sent before; Ex Instrum. Carol. 5. Emp. Ex Instrum. Hen 8. Brian & Guardian ex literis Frenston Epicond. legate. H. 8. in Hisp. Ex Protestat. Orig. Toledo Parl. Ex literis Car. Wol. & Grego. Gassalis Instru. & Sign. Carol. Emp. Quozag. Fiend. Capl suo. Dat. 24 Feb. Ex libro n. n. n. D. Carer. Ex literis in a Com. Northum Custo March. Scotiae. Extract. Orig. in Archimus Westm. Extract Cambren. 1529. a Pope confined by the Emperor's Election, who meant (as his own Instructions warrant) to restore that Right again to the Imperial Throne. Charles will follow from Batalona with the Army, but before he must call a Parliament at Toledo: Here, whether by direction or affection, I dare not discuss, that Assembly maketh protestation against their Master's Marriage with England, and assigneth him Isabel of Portugal for a Wife. The Instrument is sent, signed by the Imperial Notary, to Hen. 8. and Charles bemoaneth the straight he is forced unto by them: And before all this, he had wrought from Rome a Dispensation for his former Ally and Marriage, fending not long after Gonsades Fardinand his Dolphin, to incite the Earl of Desmond in Ireland, and inviting James the 4th. (by promise of Marriage, to Christian, the King of Denmark's Daughter, his Niece) to enter the English Borders, to busy the English King, for ask a strict Account of that indignity. Hen 8. with providence and good success, and by the League of Italy, in which he was made Caput Feodoris against the Emperor; he enforceth him to moderate Conditions, at the Entreaty of Cambray, 1529. I may end your Honours Trouble with this one Example, and with humble Prayer, That the Catholic King may either have so much of Princely Sincerity, as not to intent the like, or my good and gracious Master a jealous Vigilance to prevent, if he should, etc. Robert Cotton. FINIS.