Cottoni Posthuma: DIVERS CHOICE PIECES OF THAT Renowned Antiquary Sir ROBERT COTTON, Knight and Baronet, Preserved from the injury of Time, and Exposed to public light, for the benefit of Posterity.  
By J. H. Esq  
LONDON, Printed for Richard Lowndes at the White Lion in Duck Lane, near Smithfield, and Matthew Gillyflower at the Sun in Westminster-Hall, 1652.   

To his worthily Honoured Friend, Sir Robert Pie Knight, at his House in Westminster.  
SIR,  
THe long interest of Friendship, and nearness of Neighbourhood, which gave you the opportunity of conversing often with that worthy Baronet, who was Author of these ensuing Discourses, induced me to this Dedicatory Address. Among the Greeks and Romans (who were the two Luminaries that first diffused the rays of Knowledge and Civility through these Northwest Climbs,) He was put in the rank of the best sorts of Patriots, who preserved from putrefaction and the rust of Time, the Memory and Works of Virtuous Men, by exposing them to open light for the general Good; Therefore I hope not to deserve ill of my Country, that I have published to the World these choice notions of that learned Knight Sir Robert Cotton, who for his exact recerchez into Antiquity, hath made himself famous to Posterity.  
Plutarch in writing the lives of Others, made his own everlasting; So an Antiquary while he feels the pulse of former Ages, and makes them known to the present, renders Himself long-lived to the future.  
There was another inducement that moved me to this choice of Dedication, and it was the high respects I owe you upon sundry obligations, and consequently the desire I had that both the present, and after times might bear witness, how much I am, and was  
Sir, 3. Nonas April. 1651. Your humble, and truly devoted Servant. James Howell.   

To the Knowing Reader, touching these following Discourses, and their AUTHOR.  
THe memory of some men is like the Rose, and other odoriferous flowers, which cast a sweeter and stronger smell after they are plucked; The memory of Others may be said to be like the Poppy, and such Vegetals that make a gay and specious show while they stand upon the stalk, but being cut and gathered they have but an ill-favoured scent; This worthy Knight may be compared to the first sort, as well for the sweet odor (of a good name) he had while he stood, as also after he was cut down by the common stroke of Mortality; Now, to augment the fragrancy of his Virtues and Memory, these following Discourses, which I may term, not altogether improperly, a Posy of sundry differing Hours, are exposed to the World.  
All who ever knew this well-weighed Knight, will confess▪ [what a great Z●l●t he was to his Country, how in all Parliaments, where he fervid so often, his main endeavours were to assert the public Liberty, and that Prerogative and Privilege might run in their due Channels; He would often say, That he Himself had the least share in Himself, but his Country and his Friends had the greatest interest in him: He might be said to be in a perpetual pursuit after Virtue and Knowledge; He was indefatigable in the search and re-search of Antiquity, and that in a generous costly manner, as appears in his Archives and copious Library; Therefore he may well deserve to be ranked among those Worthies— Quorum Imagines lambunt Hederae sequaces; For an Antiquary is not unfitly compared to the Ivy, who useth to cling unto ancient fabriques' and Vegetals.  

In these Discourses you have  

1. A Relation of proceedings against Ambassadors who have miscarried themselves, and exceeded their Commission.  
2. That the Kings of England have been pleased to consult with their Peers in Parliament for marriage of their Children, and touching Peace and War, etc.  
3. That the Sovereign's Person is required in Parliament in all Consultations and Conclusions.  
4. A Discourse of the legality of Combats, Duels, or Camp-fight.  
5. Touching the question of Precedency between England and Spain.  
6. Touching the Alliances and Amity which have intervened betwixt the Houses of Austria and England.  
7. A Discourse touching Popish Recusants, Jesuits and Seminaries.  
8. The Manner and Means how the Kings of England have supported and improved their States.  
9 An Answer to certain Arguments urged by a Member of the House of Commons, and raised from supposed Antiquity, to prove that Ecclesiastical Laws ought to be Enacted by Temporal men.  
10. The Arguments produced by the House of Commons concerning the Privilege of every Freeborn Subject.  
11. A Speech delivered in the House of Commons Assembled at Oxford in the sirst year year of the last King.  
12. A Speech delivered before the Council Table, touching the alteration of Coyn.  
13. Valour Anatomised in a Fancy, by Sir Philip Sidney.  
14. A brief Discourse concerning the Power of the Peers and Commons of Parliament, in point of Judicature.  
15. Honesty, Ambition and Fortitude Anatomised, by Sir Francis Walsingham.  
16. The Life and Reign of Henry the Third, complied in a Critical way.   
These Discourses, being judiciously read, will much tend to the enriching of the understanding, and improvement of the Common stock of Knowledge.    

A RELATION OF THE PROCEEDINGS AGAINST AMBASSADORS Who have miscarried themselves, etc.  
IN humble obedience to your Grace's Command, I am emboldened to present my poor advice to this the greatest, and most important cause that ever happened in this State, the Quiet of the Kingdom, the Honour of the Prince, the safety of the Spanish Ambassadors Person exposed hereby to the fury of the People, all herein involved: A consideration not the least for the reputation of the State, and Government, though he little deserved it.  
The information made to his sacred Majesty by him, That your Grace should have plotted this Parliament; Wherein if his Majesty did not accord to your designs, then by the Authority of this Parliament to confine his sacred Person to some place of pleasure, and transfer the Regal Power upon the Prince: This Information if it were made by a Subject, by the Laws of the Realm were high Treason, to breed a rupture between the Sovereignty and the Nobility, either by Reports or Writings, and by the Common Law is adjudged no less: The Author yet knowing that by the representing the Person of a sovereign Prince he is by the Law of Nations exempt from Regal trial, all actions of one so qualified being made the Act of his Master, until he disavow: And injuries of one absolute Prince to another, is Factum hostilitatis, and not Treason. The immunity of whom Civilians collect as they do the rest of their grounds from the practice of the Roman State, deducing their Arguments from these Examples. 
Titus Livius 2. doc.  The Fabii Ambassadors from Rome were turned safe from the Chades with demand of justice against them only, although they had been taken bearing Arms with the Ethrurian their Enemy's: The Ambassadors of the Tarquin's, 
Livius.  Morte affligendos Romani non judicârunt, & quanqnam visi sunt ut hostium loco essent, justamen Gentium voluit. And where those of Syphax had plotted the murder of Masinissa, Non aliud mihi factum quam quod sceleris sui reprehensi essent, saith Appian: The Ambassadors of the Protestants at the Counsel of Trent, though divulging there the Doctrine of the Churches, 
Acta Triden. Concil.  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, 
August. de legibus Antiq. Roman.  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. 
Benedict. in vita Hen. 2.  Vivia the Pope's 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. 
Record. in Scaccar. W●st. Claus. Edw. ●.  Hen. 3. did the like to one of the Pope's 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 Prat: 
jews in the Paper Chart. 1523:  Ambassador for Charles 5. was commanded to his house, for accusing falsely 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 busy 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 straighter Lodging, for breeding a Scandal (as the Conde Teri said) in using by warrant of his Place, the Religion of his Country, although he alleged the like permitted to Ghusman de Silua their Ambassador, and to the Turk no less than in Spain. In the year 1568. Don Ghuernon d' Espes was 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. was first confined to his house, after to the Tower, then committed for a good space to the Bishop of Ely his care, for meddling with more business than belonged to the place of his employment: The like was done to Dr. Alpin and Malvisett the French Ambassadors successively, for being busy in more than their Master's 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, where the Ambassador stood armed to withstand 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 Offender: 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 Council; they justified the proceeding, condemning Bodavario to lose his head, and other the Ambassadors servants to the Galleys, all which the King turned to banishment, sending the whole process to Inego de Mendoza his Ambassador at Venice, and declaring by a public 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 where they then resided. Barnardino de Mendoza, for traducing falsely the Ministers of the State to further his seditious Plots, was restrained first, and after commanded away in the year 1586. The last of Spanish Instruments that disquieted this State, a benefit we found many years after by their absence, and feel the want of it now by their reduction.  
Having thus shortly touched upon such precedent examples, as have fallen in the way, 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 with the best of speed, some of the chief Secretarries were sent to the Ambassador by way 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 were bound in love to his Lordship to restrain as well himself as followers until a further course be taken by legal examination, where this aspersion begun, the way they only conceived secure to prevent the danger; this fear in likelihood will 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, with some convenient company of either, to have their Maces and ensigns of Office born brfore them to the Ambassadors Gate, and then forborn, to show 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 were deputed from both Houses, the great Council of the Kingdom, to the which, by the fundamental Law of the State, the chief care of the King's safety and public quiet is committed, they were 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 Catholics immoderate using of late the Lenity of Sovereign Grace to the scandal and offence of too many, and this aspersion now newly reflecting upon the Prince and others, meeting with the former distaste (which all in public conceive to make a plot to breed a rupture between the King and State, by that party maliciously laid) hath so inflamed and sharpened the minds of most, that by the access of people to Term and Parliament, the City more filled then usual, and the time itself near May day (a time by custom apted more to licentious liberty than any other) cannot but breed a just jealousy and fear of some disorder likely to ensue of this information, if it be not aforehand taken up by a fair legal trial in that High Court: Neither want there fearful examples in this kind in the Ambassadors Genoa upon a far less ground in the time of Parliament, and is house demolished by such a seditious tumult: The Parliament therefore, as well to secure his Lordship's person, followers and friends, from such outrages, to preserve the honour of the State, which needs must suffer blemish in such misfortunes, they were sent thither to require a fair discovery of the ground that led his Lordship so to inform the King, that they might so thereupon provide in Justice and Honour, and that the reverence they bear unto the dignity of his Master, may appear the more by the mannerly carriage of his Message. The two that are never employed but to the King alone, were at this time sent, and that if by negligence of this fair acceptance, there should happen out any such disaster and danger, the World and they must justly judge as his own fault: If upon the delivery of this Message the Ambassador shall tell his charge, and discover his intelligence, than there will be a plain ground for the Parliament to proceed in Examination and Judgement; But if (as I believe) he will refuse it, then is he Author Scandali both by the Common and Civil Laws of this Realm, and the Parliament may adjudge it false and untrue, and declare by a public Act, the Prince and your Grace innocent, as was that of the Duke of Gloucester, 2 Rich. 2. and of York in Henry the sixth his time, then may the Parliament jointly become Petitioners to his Majesty, first to confine his Ambasiador to his house, restraining his departure, until his Majesty be acquainted with his offence, and aswell for security as for further practice to put a Guard upon the place, and to make a Proclamation that none of the King's Subjects shall repair to his house without express leave: And to send withal a Letter, with all speed, of complaint against him to the King of Spain, together with a Declaration under the Seals of all the Nobility and Speaker of the Commons in their names as was 44 Hen. 3. to the Pope against his Legate, and 28 Edw. 1. Requiring such Justice to be done in this case, as by the Leagues of Amity, and Law of Nations is usual, which if the King of Spain refuse, or delay, than it it Transactio Criminis upon himself, and an absolution of all Amity and friendly intelligence, and amounts to no less than a War denounced. Thus have I by your leave, and command, delivered my poor opinion, and ever will be ready to do your Grace the best service, when you please to command it.   

THAT THE KINGS OF ENGLAND Have been pleased usually to consult with their Peers in the Great Council, and Commons in Parliament, of Marriage, Peace, and War.  
Written by Sir Robert Cotton, Knight and Baronet, Anno 1621.  
LONDON, Printed in the Year 1672.   

That the Kings of England have been pleased usually to consult with their Peers in the Great COUNCIL, etc.  
TO search so high as the Norman Conquest, it is necessary to lay down the form and Government of those times, wherein the state of affairs than lead in another form of public Counsels; for the people brought under by the Sword of William, 
William the Conqueror.  and his followers to subjected vassalage, could not possess in such assemblies the right of their former liberties, 
Malmsbury.  division and power having mastered them, and none of their old Nobility being left either of credit or fortune, what he retained not in providence as the Demesnes of the Crown, or reserved not in piety for the maintenance of the Church, he parted to those Strangers that sailed along with him in the Bark of his adventure, leaving the Natives (for the most part) as appeareth by his survey in no better condition than villainage; He moulded their Customs to the manner of his own Country, and forbore to grant the Laws of the Holy Edward so often called for.  
To supply his occasions of men, money, or provisions, he Ordered that all those that enjoyed any fruit of his Conquest, should hold their lands proportionably by so many Knight's fees of the Crown, and admitted them to infeoff their followers, 
Ex lib. feod. in Scacc.  with such part as they pleased of their own portions, which to ease their charge they did in his and his Son's time, by two infeoffments, the one de novo, 
Hen. 1. Ex lib. pub. in Scacc.  the other de veteri; This course provided him the body of his War, the money and provision was by Hydage assessed on the common people; at the consent of their Lords, 
Chron. de Dunstable.  who held in all their Signiories such right of regality, 
Mat. Paris Benedictus Monachus in vita Hen. 2.  that to their Vassals (as Paris saith) quot Domini tot Tyranni, and proved to the King so great a curb and restraint of power, that nothing fell into the care of Majesty after, more than to retrench the force of this Aristocracy that was like in time to strangle the Monarchy.  
Though others foresaw the mischief betimes, 
Gervas'. Dorch. Roger Wend●ver.  yet none attempted the remedy, until King John, 
King John.  whose over hasty undertake, brought in those broils of the Baron's Wars.  
There needed not before this care to advise with the Commons in any public assemblies, when every man in England by tenure held himself to his great Lords will, whose presence was ever required in those Great Counsels; and in whose assent his dependent Tenant's consent was ever included.  
Before this King's time then, 
Claus. 6 job. in 3. Dorso.  we seek in vain for any Council called, he first as may be gathered (though darkly by the Record) used their Counsels and assents in the sixth year of his Reign.  
Here is the first summons in Records to the Peers or Barons, Tractaturi de magnis, & arduis negotiis, it was about a War of defence against the French; And that the Commons were admitted at this time, may be fitly gathered by this Ordinance, viz. Provisum est assensu Archiepiscoporum, Comitum, Baronum, & omnium fidelium nostrorum Angliae, quod novem militis per Angliam inveniend. decimarum, etc. and this was directed to all the Sheriffs in England, the ancient use in publishing Laws: 
Petit. 18.  From this there is a breach until the 18 Hen. 3. 
Hen. 3.  where the next summons extant is in a Plea Roll of that year, but the Ordinances are lost: From hence the Records afford us no light until the 49 of the same King, where then the form of summons to Bishops, 
Claus. 49. Hen. 3. in 11. Dors.  Lords, Knights, and Burgesses, are much in manner though not in matter to those of our times.  
This Parliament was called to advise with the King pro pace assecuranda & firmanda, they are the words of the Writ, and where advice is required, consutation must needs be admitted.  
To this King succeeded Edward his Son, 
Edw. 1.  a wise, a just, and fortunate Prince, his Reign, and so long to the fourth of his Grandchild, we have no light of public Counsels in this kind, 
Ex Rot. Parl. in Archivis London.  but what we borrow in the Rolls of Summons, wherein the form stood various according to the occasions, until it grew constant in the form it is now, about the entrance of Rich. 2. The Journal Rolls being spoiled, by the injury of times or private ends.  
This King in the fifth of his Reign called a Parliament, 
Claus. 9 Edw. 1. in 12.  and therein advised with his Lords and Commons for suppressing of Llewellen Prince of Wales, and hearing that the French King intended to invade some pieces of his Inheritance in France, he summoned a Parliament, 
Rot. Parl. Anno 7 Edw. 1.  Ad tractand. ordinand. & faciend. cum Praelatis Proceribus & aliis Incolis Regni quibuslibet hujusmodi periculis & excogitatis malis sit objurand. Inserting in the Writ that it was Lex justissima, 
Claus. 7 Edw. 1. in 3. Dors. Claus. 34. Ed. 1. in dors.  provida circumspectione stablita: That Quod omnes tangit ab omnibus approbetur. In 34. Super ordinatione & stabilimento Regis Scotiae, he made the like Convention.  
His Son the second Edward, 
Edw. 2.  pro solennitate Sponsalium & Coronationis, consulted with his people in his first year, in his sixth year, super diversis negotiis statum regni & expeditionem Guerrae Scotiae specialiter tangentibus, 
Claus, 1 Edw. 2. in 19 in dors. Claus 6 Ed. 2. in 3. in dors. Claus. 8. in 3. in dors.  he assembled the State to advise; the like he did in the eighth.  
The French King having invaded Gascoin in the thirteenth year the Parliament was called, 
Claus. 13 E. 2. in 13. in dors. Claus 16. E. 2. in 27. in dors.  super arduis negotiis statum, Gasconiae tangentibus. And in 16. To consult ad refraenand. Scotorum obstinentiam & militiam.  
Before that Edward the 3. in his first year would resolve whether Peace or War with the Scotish King, 
Ddw. 3. Claus. 1 Ed. 3. in dors.  he summoned the Peers and Commons, super praemissis tractare & consilium impendere.  
The Chancellor in Anno quinto declareth from the King the cause of that Assembly, 
Rot. Parl. 5 Edw. 3.  And that it was to consult and resolve, whether the King should proceed with France for recovery of his Signiories, by alliance of marriage, or by war? And whether to suppress the disobedience of the Irish, he should pass thither in Person or no?  
The year following he re-assembleth his Lords and Commons, 
Parl. 6 Ed. 3.  and requireth their advice, whether he should undertake the Holy Expedition with the French King that year, or no? The Bishops and Proctors of the Clergy would not be present, as forbidden by the Canons such Counsels, the Peers and Commons consult, applauding the Religious and Princely forwardness of their Sovereign to this holy enterprise, but humbly advise a forbearance this year for urgent occasions.  
The same year, 
Rot. Parl. 6 Ed. 3. Saff. 2. in 6.  though at another Sessions, the King demanded the advice of his people, Whether he should pass into France to an interview as was desired for the exepediting the treaty of marriage: The Prelates by themselves, the Earls and Barons by themselves, and the Knights of the Shires by themselves, consulted apart, for so is the Record; and in the end resolved, That to prevent some dangers likely to arise from the North, it 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 showeth how by their former advice he had drawn himself towards the North parts, 
Rot. Parl. 7 Ed. 3.  and now again had assembled them to advise further for his proceedings, to which the Lords and Commons having consulted apart, pray further time to resolve, until a full assembly of the State, 
Rot. Parl. 7 E. 3. Sess. 2. Parl. 7 E. 3. in 6.  to which the King granting, adjourneth that Sessions. At the next meeting, they are charged upon their Allegiance and Faith, to give the King their best advice; the Peers and Commons consulting apart, deliver their opinions, and so the Parliament ended  
In the 13. year the Grands and Commons are called to consult and advise how the Domestic quiet may be preferred, 
Rot. Parl. 13 E. 3.  the Marches of Scotland defended, and the Sea secured from foreign Enemies; the Peers and Cammons having apart consulted, the Commons after their desire not to be charged to counsel in things Des quenx ils mont pas cognizance, answer, That the Guardians of the Shires, 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 his Counsel, and for the safeguard of the Seas, they wish that the Cinque Ports, & Marine towns, discharged for the most part from the main burdens of the Inland parts, may have that left to their charge and care, and that such as have lands near the Coasts be commanded to reside on those possessions.  
The Parliament is the same year reassembled Avisamento Praelatorum, 
Rot. Parl. 13 E. 3. Sess. 2.  procerum, necnon communitatis, to advise the expeditione guerrae in partibus transmarinis, at this, 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 conceive fit for the employment.  
The next year De la Pool accounteth in Parliament the expenses of the wars, 
Parl. 14. E. 3.  a new aid is granted, and by several Committees in which divers are named that were no Peers of Parliament, the safeguard of the seas, and defence of the borders are consulted of.  
In the 15 year, De assensu Praelatorum Procerum & aliorum de consilio, the King's passage into France is resolved of. Anno 17. Badlesmere, instead of the Council declareth to the Peers and Commons, That whereas by their assents the King had undertaken the wars in France, and that by mediation of the Pope a truce was offered, which then their Sovereign forbore to entertain without their well allowance; the Lords consult apart, and so the Commons returning by Sir William Trussel an answer, their advice and desire is to compose the Quarrel, approve the Truce, and the Pope's mediation.  
The Pope's undertaking proving fruitless, 
Rot. Parl. 18 E. 3.  and delays to the French advantage, who in the mean space allied with Scotland and others, practised to root out the English Nation in France: This King again assembled the year following, in which the Peers and Commons after many days meditation, resolve to end it either by Battle or Peace, and no more to trust upon the mediation or message of his Holiness.  
In the 21 year, 
Ro. Parl. 21 E. 3.  the chief Justice Thorpe declaring to the Peers and Commons that the French Wars began by their advice first, the True after by their assents accepted, and now ended, the King's pleasure was to have their Counsels in the prosecution, the Commons being commanded, Que ils se deveroyent trait ensemble & se quills ensenteroient monstrer au Roy & aux gravitur de son consilio, Who after four days consulting, humbly desire the King to be advised by his Lords and others, more experienced than themselves in such affairs.  
To advise the King the best for his French employments a Parliament was summoned Anno 25. 
Parl. 25 E. 3.  Herein the King for a more quick dispatch willeth the Commons to elect 24. or 30. of their house to consult with the Lords, these to relate to their fellows, and the conclusion general by the Lords to the King.  
In the 27 a Great Counsel is assembled, 
Parl. 27 E. 3.  many of the lay Peers, few of the Clergy, and of the Shires and Burroughs but one a piece.  
This was for the prosecution of the French wars, 
Parl. 27 E. 3.  when honourable peace could not be gotten; but the year following a Truce offered, the King forbore to entertain, until he had the consent of the Peers and Commons, which they in Parliament accorded unto before the Pope's Notary, by public Instrument.  
The dallying of the French King in conclusion of peace, 
Parl. 29 E. 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 Kings proceeding.  
In the 36. year he calleth a Parliament to consult whether war or peace by David King of Scots then offered, 
Pa●l. 36 E. 3.  should be accepted?  
In the 40. the Pope demanding the tribute of King John, the Parliament assembled, 
Parl. 40 E. 3. King John.  where after consultation apart, the Prelates, Lords, and Commons advise the denial, although it be by the dint of Sword.  
In 43. 
Parl. 43 E. 3.  The King declares to the Peers and Commons, that the French against the Articles of the Truce, refused payment of the moneys, and delivery of the Towns, summoning La Brett, and others the King's Subjects in Gascony to make at Paris their appeals, and had foraged his of Bontion, requiring, whether on their breach he might not again resume the stile and arms 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 Seal.  
Two years after it was declared to the Peers and Commons, 
Parl. 45 E. 3.  that by their advice he had again resumed the stile 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 War, of which they consult, and resolve to give the King an aid; 
Parl. 46 E. 3.  the like of Council and supply was the year succeeding.  
In the 50 a Parliament to the purposes of the other two was summoned; 
Par. 50 Ed. 3.  and the year following the King in Parliament declaring how the French combined underhand against him with Spain and Scotland, required their advice, how Peace at home, the Territories abroad, Security of the Sea, and charge of the War might be maintained. I have the longer insisted in observing the carriage of these times, so good and glorious, after ages having not left the Journal entries of Parliament so full, which with a lighter hand I will pass through.  
Richard, his Grand child succeeded to the Crown, 
Rich. 2.  and troubles, having nothing worthy his great fortunes, but his great birth; 
Par. 1 Rich. 2. in 5 & 6.  the first of his Reign he pursued the Steps of his wise Grandfather, advising with Peers and Commons how best to resist his Enemies, that had lately wronged many of his Subjects upon the Sea coasts.  
In the second year he again consulted with his people, 
Parl. 1 Rich. 2 in 7.  how to withstand the Scots, who then had combined with the French to break the Truce.  
In the third he called the advice of Parliament, 
Parl. 3 Rich. 2. in 4. & 5.  how to maintain his regality, impaired by the Pope's provision, how to resist Spain, France and Scotland, that had raised Wars against him, how to suppress his Rebels in Guienne and Ireland, and how to defend the Seas.  
The like in the fourth year following at Windsor; 
Par. 4 Rich. 2. n 2 & 3.  the year succeeding at a great Council, 
Parl. 5 Rich. 2. in 3.  the King having proposed a voyage Royal into France, now called the Parliament to determine further of it, and it is worthy observation, for the most before any proposition of War or Peace were vented to the Commons, a debate thereof proceeded in the great Council to stay it fitter to Popular advice.  
The quarrel of Spain continuing, 
Parl. 5. Sess. 2.  the Duke of Lancaster offered a voyage against them, so that the State would lend him money, after consultation they granted aid, but not to bind them to any continuance of Wars with Spain.  
In the sixth the Parliament was called, 
Parl. 6. Rich. 2.  to consult about defence of the borders, the King's possessions beyond Sea, Ireland and Gascoigne, his subjects in Portugal, and safe keeping of the Seas; and whether the King should proceed by Treaty of Alliance, or the Duke of Lancaster by force; for the Conquest of Portuguall, the Lords approve the Duke's intention for Portuguall, and the Commons advise, that Thomas Bishop of Norwich, having the Pope's Croiceris should invade France.  
The same year the State was reassembled to consult, 
Parl. 6 Sess. 2.  whether the King should go in person to rescue Gaunt, or send his Army; the Commons after two day's debate crave a conference with the Lords, the effect is not entered in the Roll, only they bid Sir Thomas Puckering their speaker protest, that Counsels for War did aptly belong to the King and his Lords; yet since the Commons were commanded to give their advice, they humbly wished a voyage Royal by the King; if not, that the Bishop of Norwich ought with the advantage of the Pope's Croiceris be used in that service, who accepted the Charge with ill success; he further for the Commons prayed, that the King's Uncle should not be spared out of the Realm, before some peace be settled with the Scots, and that the Lord de la Sparre sent with Propositions from Spain, may first be heard.  
The Chancellor in the seventh year in the name of the King willeth the Lords apart, 
Par. 7 Rich. 2.  and so the Commons, to consult whether Peace or War with Scotland, or whether to resist or assail the King's adventure with Spain, France, or Flanders.  
Their opinion is not entered in the Rolls (an omission usual by the Clarks neglect) only their Petition is recorded, that the Bishop of Norwich may account in Parliament the expense of the moneys, 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 Articles of Peace with the French, 
Parl. 7 Sess. 2.  whether War, or such a Unity should be accepted; They modestly excused themselves as too weak to consult in such weighty affairs; But being charged again as they did tender the honour, and right of the King, they make this answer, Quills intendent que ancunes serm●s & terres que mesme lour Leeige auroit ●it pur cest accord in Guien si serront tenns dobt Roy Francois par homage & service mars ne persont uny que lour dit Leeige voiroit assenter trope legierement de temer dicens Francois pertiel service la villa de Calais & aultres terres conquises des francoise per lespreneve verroit la comen ense faced fait si autrement lour perroit bien fair, giving their opinions rather for Peace than War; Peace with France not succeeding the eighth year, the body of the State was willed to advise, 
Par. 8 Rich. 2.  whether the King in his own person, or by sending of forces against the French, Spain, Flanders and Scotland, should proceed.  
This King having assembled at Oxon his great Counsel to advise whether he should pass the Seas or no, 
Claus. 9 Rye. 2.  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, 
Par. 10 Rich. 2.  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, 
Parl. 13 Ric. 2.  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 sustained; at this assembly, and by consent of all, the Duke of Lancaster is created Duke of Aquitaine, the Statute of provisions now past. 
Rot. Claus. 13. Ric. 2.  the Commons a party in the Letter to the Pope.  
The year succeeding a Parliament is called, 
Far. 14 Ric. 2.  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 employed.  
To consult of the Treaty with France for Peace, 
Parl. 17 Ri. 2.  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 Given 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, 
Henry 4.  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 Orleans, 
Parl. 5. Hen. 4. Parl. 6. Hen. 4. Parl. 7. & 8. Hen. 4. in 19 & 20.  and to advise of the Wars in Ireland and Scotland (neither Counsels or supplies are entered in the Roll) and to resist an invasion intended by France and Britain, he assembleth the State again, the like was the second year following for France.  
In this the Commons confer with, 
Claus. 7 H. 4.  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 Given the year before, 
ln 33.  need of the defence of the borders, and Sea coasts, to suppress the Rebellion in Wales, and disloyalty of the Earl of Northumberland; 
In 57  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, 
In 59  and not to Charles 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, 
Hen. 5.  the wife and happy undertaker, advised with the Parliament in the first year, 
Parl. 1 Hen. 5. In 2.  how, to cherish his Allies, and restrain his Enemies; for this there was a secret Committee of the Commons appointed to confer with the Lords, the matter being entered into a schedule touching Ireland, Wales, Scotland, Calais, 
In 4.  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, 
Parl. 2 Hen. 5.  a quarrel he would prosecute to death. if they allowed and aided, death is in his Assembly enacted to all that break the Truce, or the King's safe conduct.  
The year following peace being offered by the French King, 
Parl. 3 Hen. 5.  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, 
Parl. 4 & 5. Hen. 5.  no Peace being 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 allowance of the three Estates, and entered Articles into the Journal Rolls.  
The same year, 
Parl. 5 Hen. 5.  by the Duke of Bedford. in the King's absence a Parliament was called, to the former purposes, as appeareth by the Summons, though in the Roll omitted, 
Parl. 7 Hen. 5.  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 Reign.  
His Son more holy than happy succeeded, 
Hen. 6. Rot. Parl. 2 Hen. 6.  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, 
Rot. Pa 3 H. 6.  for change of Hostages.  
And in the ninth conclude certain 
Rot. Pa. 9 H. 6.  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. showeth he must either lose his Title, 
Rot. Parl. 14 Hon. 6.  Style, 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, 
Rot. Parl. 15 Hen. 6.  to consult how the Realm might be best defended, and the Sea safe kept against his Enemies.  
In the twentieth the Commons exhibit a Bill for the Guard of the Sea, 
Parl. 20 H. 6.  ascertain the number of Ships, assess wages, and dispose prizes of any fortune, to which the King acordeth, and that the Genoese may be declared enemies for assisting the Turks in the spoil 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 acordeth.  
The King by the Chancellor declareth in Parliament Anno 23. 
Parl. 23 H. 6.  That the Marriage with Margaret the King of Sicils Daughter was contracted for inducing 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. 
Rot. Parl. 25 Hen. 6. in 3.  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 Britain's, 
N. 6.  for spoil done to the English Merchants.  
The Lord Hastings, 
Parl. 27 H. 6.  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. 
Parl. 29 H. 6.  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, 
Parl. 33 H. 6.  Anno 33. to advise for well ordering of his House, payment of the Soldiers at Calais, guard of the Sea, raising of the siege of Berwick 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 
Edward 4. Parl. 7. E. 4.  Lords and Commons, that having made peace with Scotland, entered League with Spain and Denmark, contracted with Burgundy and Brittany for their aid 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. 
Parl. 12 E. 4.   
After this time their Journals of Parliament have not been well preserved, 
Henry 7. Rot. Parl. 1 Hen. 7.  or not carefully entered, for I can find of this nature no Record, until the first of Hen. 7. wherein the Commons, by Thomas lovel 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: 
Henry 8. Parl. 3 H 8.  The first to devise a course to resist the Invasion of the Scots, next how to acquit the quarrel between the King of Castille, and the Duke of Geldres his Ally; lastly for assisting the Pope against Lewis King of France, whose Bull expressing the injuries done the Sea Apostolic, 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, 
Rot. Parl 32. Hen. 8.  where the Chancellor remembering the many troubles the State had undergone, in doubtful titles of Succession, 
Ex iustrumen. Orig.  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 public Counsels, wherein I have been much assisted by the painful labour of Mr. Elsings, Clerk of the Parliament, and still observe, that the Sovereign Lord, either in best advice, or in most necessities, would entertain the Commons with the weightiest causes, either foreign or domestic, to apt and bind them so to readiness of charge, and they as warily avoiding it to eschew 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 to the wild fancy of any Factious spirit. I will add one foreign example to show what use have been formerly made by pretending Marriages, and of Parliaments to dissolve them, their first end served.  
Maximilian the Emperor, 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 Charles their Grandchild, with Mary the King of England's sister, it was embraced, and a Book published of the benefits likely to ensue the Christian world by this match, 
Tractat. matrimonial. 1510.  upon this Ground, Ferdinando beginneth to incite Henry the 8th to war with France, 
Ex literis orig. legator.  presents him with succours, and designs him Given to be the mark, and Dorset sent with men and munition to join 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 disheartened, 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, 
Ex tract. Hen. 8. & Maximilian. 1511.  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 Milan.  
A new bait the old Emperor findeth 
Ex tract. orig.  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 Charles, 
Ex tract. orig.  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 England's Ambassador Pace, 
Ex liiteris Ric. Pace Legat. Reg. Anglia.  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, 
Ex literis Car. Sedunensis.  an honest Letter. 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 the tye of Alliance (for the Infant Dolphin had affyed Henry the 8ths' Daughter) the other with the like, 
Ex literis Carol. Reg. Hisp.  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. 
Ex literis, Car. Imperat. original.  the English King is won, and winneth for Spain the Imperial wreath, 
Extract. Wind. 1522. Ex instru. orig. jurament.  which Charles 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 King's Daughter, contracteth to join in an invasion of France, to divide it with his Father in Law, by the River of Rodon, and sweareth at the Altar in Paul's to keep faith in all.  
Bourbon is wrought from France, 
Ex literis Richardi ●ace, & lohannis Russel.  and entereth the Province with an Army, paid with King Henry's money; Suffolk passeth with the English Forces by Picardy: But Charles the Emperor, who should have entered Guyen-faileth, drawing away Bourbon from a straight siege Marseilles, to interrupt Francis then entered Italy, and so the enterprise of France is defeated, the French King as it Pavia taken Prisoner by Pescaro, led to Grone, hurried into Spain by the Emperor's Galleys, and forced at Madrid to a hard bargain; without privity of Henry the 8th or provision of him, 
Ex tract Madristensi 526. Ex Rot. Com. Russel & Pace.  who had been at the greater charge of that War. Now the Emperor affecteth that Monarchy that hath ever since (as some say) infected the Austrian Family.  
Rome, the fatal old Seat of Government, 
Ex iustru. orig. Carol. 5.  must be the Seat of his Empire: Bourbon, and after Moncado are directed to surprise it. Angelo the observant Friar is sent before the Pope, consigned by the Emperor's Election, 
Ex instru H. 8. Bryano & Gardinen.  who meant (as his own instructions warrant) to restore that right again to the Imperial Throne.  
Charles will follow him from Barcelona with an Army; 
Ex literis Cuthb Tunstall Epis Lon-Legat. Hen. 8. in Hispan. Ex protestat. orig. Toledonensi ●arl.  but before, he must call a Parliament at Toledo, whether by election or affection, I dare not divine, that Assembly maketh Protestation against their Master's Marriage with England, and assign him Isabel of Portugal for a wife, the Instruments are sent signed by the Imperial Notary to Henry the 8th. 
Ex literis Car. Wolsey & Creg. Lusathis. Ex Instru. Signat. Ch. Im. Gonzado Ferdinand. Capel. suo dat. 24 Feb. ●x lib. N N. N.Dom. Car.  And Charles bemoneth the straight he is forced into by them, but before all this he had wrought from Rome, a Dispensation for his former out-hand Marriage; sending not long after Gonzado Ferdinando his Chaplain, to invite the Earl of Desmon to rebel in Ireland.  
And to invite James the First, by promise of a Marriage to Christian of Denmark's Daughter, 
Ex literis intercept. à Com. Northumb. Custo●. March. Scotiae. Extract. orig. in Arch. Wost. ●x tract. Cambrens. 1529.  his Niece; to enter the English Borders, to busy the English King, for ask a strict account of that indignity. Henry the 8th with Providence and good success overwrought these dangers, and by the League of Italy he forced him to moderate Conditions at the Treaty of Cambray, 1529. He being made Caput foederis against the Emperor.  
I may end your Honour's trouble with this one Example, and with humble prayers, That the Catholic may have so much of Princely sincerity, as not to intend the like, or my good gracious Master a jealous vigilancy to prevent it, if it should, etc.   

THAT THE SOVEREIGN'S PERSON is Required in the Great COUNSELS, OR ASSEMBLIES OF THE STATE, As well at the Consultations as at the Couclusions.  
Written by Sir Robert Cotton, Knight and Baronet.  
LONDON, Printed in the Year 1672.   

THAT THE SOVEREIGN'S PERSON is Required in the Great COUNSELS, OR ASSEMBLIES OF THE STATE, etc.  
SInce of these Assemblies few Diaries, or exact Journal Books are remaining, and those but of late, and negligently entered, the Acts, and Ordinances only reported to Posterity are the Rolls, this question though clear in general reason, and conveniency, must be wrought for the particular, out of such incident proofs, as the Monument of Story, and records by pieces leave us. And to deduct it the dearer down, some essential circumstances of name, time, place, occasion, and persons, must be in a general shortly touched, before the force of particular proofs be laid down. 
Ex Consiliis Reg. Saxon. Cantuar. Gla●vil. lib. Ely.  This noble body of the State, now called the houses in Parliament, is known in several ages, by several names Consilia the Counsels in the old times, after Magnum, Commune, and Generale, Consilium, Curia Magna, capitalis, and Curia Regis; 
Leges Etherlredi. Ingulphus.  sometimes Generale Placitum, and sometimes Synodi and Synodalia decreta, 
Croylandensis. Registra Monaster.  although aswell the causes of the Commonwealth as Church were there decided. The name of Parliament, except in the Abbot's Chapters, not ever heard of until the reign of King John, and then but rarely. At the King's Court were these Conventions usually, 
Palatium Regale. Westm.  and the Presence, Privy Chamber, or other room convenient, for the King in former times as now then used; for what is the presenst House of Lords, but so, as at this time, and was before the fyring of the Palace at Westminster, about the seventeenth of Henry the eighth, who then and there resided.  
Improbable it is to believe the King was excluded his own Privy Chamber, and unmannerly for guests to bar him the company, who gave to them their entertainment. 
Regist. Eliensis.  It was at first as now Edicto Principis, at the King's pleasure. Towards the end of the Saxons; and in the first time of the Norman Kings, 
annal Monasteriorum.  it stood in Custome-Grace, to Easter, Whitsuntide, and Christmas fixed. 
Liber de Rollo.  The Bishops, Earls, and Lords, Ex more, then Assembled (so are the frequent words in all the Annals) the King of course then revested with his imperial Crown by the Bishops and Peers assembling, 
Regist. de Wig.  in recognition of their pre-obliged faith and present service, until the unsafe time of King John, by over-potent and popular Lords, gave discontinuance to this constant grace of Kings, 
johannes Eversden.  and then it returned to the uncertain pleasure of the Sovereign's summons. 
Matthew Paris. Hoveden.  The causes then as now of such Assemblies, were provisions for the support of the State in Men and Money, well ordering of the Church and Common wealth, and determining of such causes, 
Bracton.  which ordinary Courts nesciebant judicare (as Glanvill 
Glanvill.  the grand judge under Henry the second saith) where the presence of the King was still required, 
Fleta.  it being otherwise absurd to make the King assentor to the Judgements of Parliament, and afford him no part in the consultation. The necessity thereof is well and fully deduced unto us in a reverend monument not far from that grave man's time in these words, 
Modus tenendi Parliament.  Rex tenetur omni modo personaliter interesse Parliamento, nisi per Corporalem agritudinem detineatur. Then to acquaint the Parliament, of such occasion of either house, Causa est quod solebat Clamour & Murmur esse pro absentia Regis quia res damnosa & periculosa est toto Communitati Parliamenti & Regni cum Rex à Parliamento absens fuerit, Nec se absentare debet, nec potest nisi duntaxat in Causa supradicta. By this appeareth the desire of the State to have the King's presence in these great Counsels by express necessity. I will now endeavour to lead the practice of it from the dark and eldest times to these no less neglected of ours.  
From the year 720. to near 900. during all the Heptarchy in all the Counsels remaining composed Ex Episcopis, 
Ex Registris Council. Cantuariae.  Abbatibus, 
Ex Consilio Withredi Regist.  Ducibus, satrapis, & omni dignitate optimatibus Ecclesiasticis scilicet & secularibus personis pro utilitate Ecclesiae, & stabilitate Regni pertractand. Seven of them are Rege praecedente and but one by deputy; and incongruous it were and almost nonsense, to bar his presence that is precedent of such an Assembly.  
The Saxon Monarchy under Alfred, Ethelred, 
Ex Synodis & legibus Alfredi Ethelredi, Edgari.  and Edgar in their Synods or Placita generalia went in the same practice and since. Thus Ethelwald appealed against Earl Leofrick From the County and generale Placitum before King Ethelred and Edgira the Queen, 
Ex Registr. Elien.  against Earl Goda to Eldred the King at London, 
Ex Registr. Abigtounessi. Chronicon de Waverley.  Congregatis Principibus & sapientibus Angliae. 
Gesta Sancti Edwardi Galice.  In the year 1502. under Edward the Confessor Statutum est placitum magnum extra Londinum quod Normanni ex Francorum consuetud. 
Alured. Rivalensis, vita Edwardi Confessoris.  Parliamentum appellant where the King and all his Barons appealed Goodwin for his Brother Alureds' death, the Earl denied it, and the King replied thus, My Lords, you that are my liege men Earls and Barons of the Land here Assembled together have heard my Appeal and his Answer, unto you be it left to do right betwixt us.  
At the great Council at Westminster 1072. 
Regist. Cantuarien.  in Easter week, the cause of the two Archbishops Lanfrank and Thomas, ventilata fuit, in praesentia Regis Willielm. And after at Windsor, finem accepit in proesentia Regis. At the same feast in the year 1081. (the usual time of such Assemblies) the King, the Archbishops, Bishops, Abbots, Earls, and chief Nobility of the Kingdom present (for so are the words of the Records) the cause between Arsast Bishop of Norway, 
Regist. Sancti Edmundi.  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, 
Walterus Mape de nugis curialium.  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 account) secum habens Comites, Baronet, Proceres, & Vavasores, to hear, and determine causes, whereby he attained the surname of Leo Justitiae in all stories, 
Hen. Huntingdon.  and so outwent in quiet guidance of the State his best progenitors. 
Malmsbury.  The next of his name that succeeded is remembered every where for his debates and his disputes he had in person with Thomas the Archbishop, and others of his part, 
Vita Tho Cantuar per Fitz-Stephanum. Gesta Hen. 2. Benedictio Abb. Authore.  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, 
Regist. Monast. de Belto.  with the Bishops, Abbots, Earls, and Barons of the Kingdom, sat 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 suit between the Church of Lincoln and Saint Albans, 
Regist, Lincoln.  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 public Records of the State, as awe of the Clergies censure was a guard to theirs, in tempestuous times, we had not been now left to the only friendship of Monks diligence; for example in this kind. 
Liber Burtoni ens. Monasterii  At Lincoln the Archbishops, some Bishops, but all the Earls and Barons of the Realm, una Cum Rege Johanne Congregati ad colloquium de concordia Regis Scotiae, saith the Register of that Church.  
This use under King Henry the third, 
Rot. Clans. Anno 59 E. ●.  needeth no further proof, than the Writ of summons (then framed) expressing that King's mind and practise; It is Nobiscum & Praelatis & Magnatibus nostris quos vocari fecimus super praemissis tractare & Consilium impendere, which word Nobiscum implieth plainly the King's presence; what the succeeding practice was, from the fifteenth year of the second Edward, the proper Records of this inquiry (the Journal Books being lost) I am enforced to draw from out the Rolls of Acts, wherein sometimes by chance they are remembered. Edward the second was present in Parliament in the fifteenth year of his Reign at the complaint against the Spencers, 
Rot. Parl. 15. Edw. 2.  and at the second Parliament that year, for the repeal of that banishment.  
In the fourth of Edward the third, the King was present at the accusation of Roger Mortimer, 
Rot. Parl. 4. Edw. 3.  but not at the Trial.  
And the next year in the treaty of the French affairs. 
Rot. Parl. Anno 5. Edw. 3.   
In the sixth year Intererat Rex in Causa Johannis de Grace & 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, 
Rot. Parl. Anno 15. Edw. 3.  the Archbishop after pardon prayed, that for better clearing himself, he might be tried in full Parliament by his Peers; which was granted.  
In the seventeenth in Camera Alba, 
Rot. Pa●l. Anno 17. Edw. 3.  now the Court of requests, Rex cum magnatibus conveniunt Communes super negotiis Regni.  
In the tenth of Richard the second, 
Chronicon Henrici Knighton.  the King departed from the Parliament in some discontent, when after some time, Lords are sent to pray his presence, and inform his Majesty that if he forbear his presence amongst them forty days, that then Ex antiquo Statuto, they may return absque do●igerio Regis, to their several homes.  
Henry the fourth began his first Parliament the first of November, 
Rot. Parl. Anno 1. Hen. 4.  and was the twenty seventh of the same month at a debate about the Duke of Britain, the thirtieth day the Cause of the Archbishop of Canterbury was before him proposed only.  
The third of November he was at the debate, 
Rot. Parl. Anno 2. Hen. 4.  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; 
Rot. Parl. 10. Hen. 4.  the creation of the Duke of Lancaster, and prohibition of a new sect for entering 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, 
Anno 2. Hen. 4. Rot. Parl.  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 month he was present at Counsel for repressing the Welsh Rebels; for revocation of stipends, and concerning the Prior's 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, 
Rot. Parl. Anno 4. Hen. 4.  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, 
Rot. Parl. Anno 5. Hen. 4.  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 harm, were removed from the Court.  
The next day at the Petition of the Commons, he took upon him to reconcile the Earls of Northumberland and Westmoreland. And on the two and twentieth of February of the Earls of Northumberland and Dunbarre.  
In a Parliament of 27 of Hen. the 6. 
Rot. Parl. Anno 27. H. 6.  a Challenge of seat in Parliament betwixt the Earls of Arundel and Devonshire, was examined and appointed by the KING with the advice of the Lords.  
In that great capital cause of the 
Rot. Parl. Anno 28. Hen. 6.  Duke of Suffolk, the 28 of Hen. 6. I find not the King once present at the debates, but the Duke appealing from his trial 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 refusal, the King himself (but not in place of judgement) adjudged his banishment.  
By the Rolls of Edward the fourth, 
Rot. Parl. Anno Edw. 4.  it appeareth that he was many days, besides the first and last of Parliament, and there was entered some Speeches by him uttered, but that of all the rest is most of remark, the reporter then present thus tells it. 
Registrum Cralanden.  This of the Duke of Clarence and the King, Tristis disceptatio inter duos tantae humanitatis Germanos, nemo arguit contra ducem nisi Rex, nemo respondit Regi nisi dux, some other testimonies are brought in, with which the Lords are satisfied, and so Formârunt in eum sententiam damnations, by the mouth of the Duke of Buckingham, the Steward of England, all which was much distasted by the House of Commons.  
The Reign of Henry the seventh affords us upon the Rolls no one example. 
Ex Chartis Anno 12. H. 7.  The journal Books are lost, except so much as preserves the passages of eight days in the twelfth year of his Reign; in which the King was some days present at all debates, and with his own hand the one and thirtieth day of the Parliament, delivered in a bill of Trade then read, but had the memorial remained, it is no doubt but he would have been as frequent in his Great Council of Parliament, 
Ex Regist. Camera Stellata.  as he was in the Star-chamber, where by the Register of that Court it appeareth as well in debate of private causes, that toucheth neither life nor Member, as those of public care, he every year of all his reign was often present.  
Of Henry the eighth, memory hath not been curious, but if he were not often present, peradventure, that may be the cause, which the learned Recorder Fleetwood, 
Ex Annalibus Fleetwood Recordat. London.  in his preface to the Annals of Edward the fifth, Richard the third, Henry the seventh, and Henry the eighth hath observed in the Statutes made in that King's days, for which cause he hath severed their Index from the former: And much lay in the will of Wolsey, who ever was unwilling to let that King see with his own eyes.  
Edward the sixth, 
Memorial. E. 6. propria man●.  in respect of his young years may be well excused, but that such was his purpose it appears by a memorial of his own hand, who proportioning the affairs of Council to several persons, reserved those of greatest weight to his own presence in these words. These to attend the matters of State, that I will sit with them once a week to hear the debating of things of most importance.  
Unfitness by sex in his two succeeding sisters, to be so frequent present as their former Ancestors, led in the ill occasion of such opinion and practice.  
Most excellent Majesty, your most humble servant in discharge of obedience and zeal, hath hastened up this abstract, which in all humility he offers up unto your gracious pardon. Presumption to enter the Closet of your Counsel is far from his modesty and duty, what hath been your powerful Command, he hath made his Work, what is fit to be done with it, is only your divine judgement. He dares not say Precedents are warrants to direct; The success (is as worthy observation) as the knowledge of them, sometimes have made ill example by extension of Regal power, through ill Counsels with ill success. Some as bad or worse when the people have had too much of that, and the King too little, the danger no less. To cut out of either of these patterns to follow, were but to be in Love with the mischief, for the example. The clearer I present this to your Highness, the nearer I approach the uprightness of your heart, the blessed fortune of your happy Subjects: Pardon, most Sacred Majesty, that I offer up unto your admired wisdom, my weak, but dutiful observations out of all the former gathering. In Consultations of State and decisions of private plaints, it is clear from all times, the King not only present to advise and hear but to determine also, in Cases Criminal, and not of Blood, to bar the King a part were to exclude him the Star-chamber, as far from reason as example. The doubt is then alone in Crimes mere Capital; I dare not commend too much the times that lost these patterns, either for the Causes or Effects; but wish the one and other never more. To proceed by public Act of Commons, Peers, and King, was most usual. Appeals are given by Law of Hen. 4. of this in now debate, the way I fear, as yet obscure, as great advice to State is needful for the manner, as for the Justice. The example in the cause of the Duke of Suffolk, 28 Hen. 6. where the King gave judgement was protested against by the Lords. That of the Duke of Clarence of Edw. 4. where the Lords and the high Steward the Duke of Buckingham gave judgement, was protested against by Commons, in both of these the King was sometimes present, but which of those may suit these times I dare not guests.  
That of Primo Rich. 2. of Gomeneys and Weston, accused by the Commons plaint for Treason, was tried by the Lords in absence of the King, but sentenced by the Lord Scroop, Steward for the King. The Accused were of the rank of the Accusers, Commons and not Lords: How this will make a Precedent to judge in causes Capital, a Peer of Parliament, I cannot tell. But if I should conceive a way answerable as well to Parliament as other Courts, if the King and the Lords were Tryers, and the Commons assenters to the judgement to hear together the Charge, and evidence; The Lords as doth the Jury in other Courts, to withdraw, to find the Verdict, and then the Steward, for the King, to pronounce the Sentence. It passeth so by way of Act and Course that carrieth with it no exception, and likely to avoid all curious questions of your Highness' presence there.  
If your humble servant hath in this expression of his desire to do you service, presumed too far, his Comfort is, that where zeal of duty hath made the fault, benignity of goodness will grant the Pardon.   

A DISCOURSE OF THE lawfulness OF COMBATS  
To be performed in the presence of the KING, or the Constable and Marshal of ENGLAND.  
Written by Sir Robert Cotton, Knight and Baronet. 1609.  
LONDON; Printed in the Year 1672.   

A DISCOURSE OF THE lawfulness OF COMBATS To be performed in the presence of the KING, etc. COMBAT.  
WHere difference could not be determined by legal proof or testimony, 
Combat. Ex lib. 3. Const. Car. magni de testibus.  there was allowed the party his purgation. 
Bract. l. 3. c. 18. fol. 137. tit. Corona.   
Which was either 

Canonical or  
Legal.    
The first by Oath, and called Canonical, because it is Lawful.  
The other, which was either Per aquam candentem, ferrum ignitum, or Duellum, called vulgar, because it was brought in by the barbarous people, without the pretext of any Law; 
Leges Lombard. fol. 17. b. Lu●●prand● Rege. Pr●pter consuetudin●m gent. legem impiam vitare non possumus.  until the Gothish and Lombard Kings, seeing their Subjects more addicted to Martial Discipline than to Civil Government, reduced those trials to Form and Rule: Which Constitutions are now incorporated in the Civil Law.  
From the Northern Nations (of which the Saxons and Normans, or Northmanni are part) it was brought into this Land, And although it grew long ago, both by the Decrees of Desiderius Luitprandus, 
De Papin. Hist. l. 9 c. 11. Lib. 5. Decret. 2. part. ca 1. qu. 40.  and the Mother Church, discontinued amongst the Lombard's, as soon as they grew Civilised in Italy; yet it continued till of late with us, as a mark of our longer barbarism: Neither would we in this obey the See of Rome; to which we were in many respects observant children; which, for that in the Duel, Condemnandus saepe abslovitur, & quia Deus tentatur, decreed so often and straight against it.  
In England this single Combat was either granted the party by licence extrajudicial, or legal process. The first was ever from the King, as a chief flower of his Imperial Crown, and it. was for exercise of Arms especially.  
Thus did Richard 1. 
Rich. 1. Parl. Anno 20.  give leave for Tournaments in five places in England; inter Sarum & Winton; inter Stamford & Wallingford, etc. ita quod pax terrae nostrae non infringetur, nec potestas justiciara minorabitur: For performance whereof, as likewise to pay unto the King according to their qualities or degrees, a sum of money proportionable, and that of a good value and advantage to the Crown, they take a solemn Oath.  
The like I find in 20 E. 1. and 18 E. 3. granted Viris militaribus Comitatus Lincoln, to hold a Just there every year. 
20 E. 1. Pat 18. E. 3. in 44. part 2.  Richard Redman and his three Companions in Arms, had the licence of Rich. 2. Hastiludere cum Willielmo Halberton, 
Pat. part 3. Anno 19 R. 2. m 16.  cum tribus sociis suis apud Civitat. Carliol. 
Pat. Anno 5. H. 4. m. 8.  The like did H. 4. to John de Grace; and of this sort I find in records, examples plentiful.  
Yet did Pope Alexand. the fourth, following also the steps of his Predecessors, Innocentius & Eugenius, prohibit throughout all Christendom, Detestabiles nundinas vel ferias quas vulgo Torniamenta vocant, in quibus Milites convenire solent ad oftentationem virium suaram & audaciae, unde mortes hominum & pericula animarum saepe conveniunt. And therefore did Gregory the tenth send to Edward the first his Bull pro subtrahenda Regis praesentia à Torniamentis à partibus Franciae, as from a spectacle altogether in a Christian Prince unlawful: 
Lactan. divin. Instit. cap. 6.  For, Gladiatorum sceleribus non minus cruore profunditur qui spectat, quam ille qui facit, saith Lactantius. And Quid inhumanius quid acerbius dici potest, saith Saint Cyprian, 
St. Cyp. l. 1. Ep. 2.  then when homo occiditurs in voluptatem hominis, & ut quis possit occidere peritia est, usus est, ars est, Scelus non tantùm geritur, sed docetur. Disciplina est ut primere quis possit, & Gloria quòd periunt.  
And therefore great Canstantine, 
Euseb. in vita Constant. l. 3. Zocomen. l. 1. c. 8.  as a fruit of his conversion (which Honorius his Christian successor did confirm) established this edict: 
l. 2. Cod. & Glad. Ex Cod. Theo●os. l. 5. c. 26.  Cruenta spectacula in otio civili & domesticâ quiete non placent: quapropter omninò Gladiatores esse prohibemus. And the permission here amongst us no doubt, is not the least encouragement from foolish confidence of Skill, of so many private quarrels undertaken.  
Combats permitted by Law, are either in causes Criminal or Civil, as in appeals of Treason, and then out of the Court of the Constable and Marshal; 
F●colinus de Brackland cap. 12. H 1.  as that between Essex and Montford in the reign of Henry the first, for forsaking the King's Standard.  
That between Audley and Chatterton for betraying the fort of Saint Salviours in Constant, 
2. Part. pat. 8. R. 2. Memb. 8. Rot. Vascon. Anno 9 H. 4.  the eighth year of Richard the second.  
And that of Bartram de Vsano, and John Bulmer, coram Constabulario & Mariscallo Angliae de verbis proditoris, Anno 9 H. 4. The form hereof appeareth in the Plea Rolls, 
●lacita coram Rege 22 E. 1.  Anno 22. E. 1. in the case of Vessey: And in the Book of the Marshal's Office, in the Chapter Modus faciendi Duellum coram Rege.  
In Appeals of Murder or Robbery, the Combat is granted out of the Court of the King's Bench. The Precedents are often in the books of Law; and the form may be gathered out of Bracton, and the printed Reports of E. 3. and H. 4. 
Bract. l. 3 c. 21 Anno. 17 E. 3. & Anno. 9 H. 4.  All being an inhibition of the Norman Customs, 
Ex Consuetud. Duc. Norman. cap. 68  as appeareth in the 68th. chapter of their Customary; from whence we seem to have brought it.  
And thus far of Combats in Cases Criminal.  
In Cases Civil, it is granted either for Title of Arms out of the Marshal's Court; 
Tit. de Equela multri fol. 145.  as between Richard Scroop and Sir Robert Grosvenor, 
Breve Reg. orig. apud R. G. C.  Citsilt, and others, Or for Title of Lands by a Writ of Right in the Common-Pleas, the experience whereof hath been of late: as in the Case of Paramour; and is often before found in our printed Reports, 
Reports Anno 1 H. 6. Dyer Anno 13 Eliz.  where the manner of darraigning Battle is likewise; as 1 H. 6. and 13 Eliz. in the L. Dyer expressed.  
To this may be added, though beyond the Cognisance of the Common Law, that which hath in it the best pretext of Combat; which is the saving of Christian ●loud, by deciding in single fight, that which would be otherwise the effect of public War.  
Such were the Offers of R. 1. E. 3. 
Rog. ●ovodeden & Adam Merimuth in vita E. 3.  and R. 2. 
Rot. Fran. Anno 7 R. 2. m. 21.  to try their right with the French King body to body. 
Compane de la faughe Regali & Spagna. f● 110.  and so was that between Charles of Arragon, 
Joan. de Molina Chron. de Loy● Reg. de Arragon. fol. 43. Balla Martini 5. dat in Kal. Maij Anno pontific. 8.  and Peter of Terracone for the Isle of Sitilie, which by allowance of Pope Martin the 4th. and the College of Cardinals, was agreed to be fought at Bordeaux in Aquitain. Wherein (under favour) he digressed far from the steps of his Predecessors, Eugenius, Innocentius, and Alexander; and was no pattern to the next of his name, who was so far from approving the Combat between the Dukes of Burgundy and Gloucester, as that he did inhibit it by his Bull; declaring therein; that it was Detestabile genus pugnoe, omni divino & humano jure damnatum, & fidelibus interdictum; And he did wonder and grieve, quod ira, ambitio, vel cupiditas honoris humani ipsos Duces immemores faceret Legis Domini & salutis aeternae, qua privatus esset quicunque in tali pugna decederat: Nam saepe compertum est superatum fovere justitiam; Et quomodo existimare quisquam potest rectum judicium ex Duello, in quo immicus Veritatis Diabolus dominatur.  
And thus far Combats, which by the Law of the Land, or leave of the Sovereign, have any Warrant.  
It rests to instance out of a few Records, what the Kings of England, out of Regal Prerogative have done, either in restraint of Martial exercises, or private quarrels, or in determining them when they were undertaken: And to show out of the Registers of former times, which what eye the Law and Justice of the State did look upon that Subject, that durst assume otherwise the Sword or Sceptre into his own hand.  
The restraint of Tournaments by Proclamation is so usual, 
●lacita anno 29. & 31 E. 1.  that I need to repeat, for form sake, but one of many.  
The first Edward, renowned both for his Wisdom and Fortune, Publice fecit proclamari, & firmiter inhiberi, ne quis, sub forisfactura terrarum & omnium tenementorum, torneare, bordeare, justas facere, aventuras quaerere, seu alias ad arma ire praesumat, sine Licentia Regis speciali.  
By Proclamation R. 2. forbade any but his Officers, 
Rot. claus. anno 19 R. 2. dat. 26 Feb.  and some few excepted, to carry any Sword, or long Bastard, under pain of forfeiture and Imprisonment.  
The same King, 
Claus in dorso 19 R. 2.  in the 19th of his reign, 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, Upon what pretence soever, ad aliqua facta Guer●●rum, seu actus armorum exigat, sub forisfactura ominum quae Regi forisfacere poterit.  
And as in the King's power it hath ever rested no forbid Combats, so it hath been to determine and take them up.  
Thus did R. 2. in that so memorable quarrel between Mowbray and Hereford, 
Com. St. Alban. 22 R. 2.  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, 
2. Pars pat. anno 8 R. 2. Rot Vascon. anno 9 H. 4. m. 14.  & Bartramum de Vesana in the time of Henry the fourth.  
Sir John Fitz-Thomas being produced before the Earl of Gloucester, 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: 
Placita coram Rege. 22 E. 1.  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 enrolled: but the Process was adjourned into England before the King; who with his Counsel examining the whole proceeding, and that Quia Willielmus attachiatus fuit ad respondend. Johanni praedicto super diffamatione principaliter, 
Rot. Parl. anno 23 E. 1.  & 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 licence have attempted the practice 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. 
Pat. in dors. 4 H 3. Conc. Trid. Sess 9 'tis Decreta Reform. Ex Con. Biturien. fol 1022. Claus, anno 3. E. 1. m. 2.  To which agreeth at this day for the Duel the Council 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. 
Parl anno 24 H. 6.   
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 King's Justice's Pr● venatione, & aliis transgressionibus, answered, that these accusations were false, and threw down his Glove, and challenged disrationare materias praedictas versu● praedictum Johannem per Duellum. 
Placita de quo Warrant● anno 8 R. ●. Sussex.  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 King's 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 King's 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, 
Placita coram Rege Trin. 33 E. 1.  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, 
Ex lege Longi bard. 45. circa annum 8●●  & inde convicti fuerint, similiter volumus, ut per fidejussores ad nostrum Palatium veniant, & ibi cum nostris fidelibus consider●bimus quid de talibus hominibus faciendum sit.   

A BRIEF ABSTRACT Of the Question of PRECEDENCY BETWEEN ENGLAND AND SPAIN;  
Occasioned by Sir Henry Nevil The Queen of England's 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, etc. 

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 blood  
or  
Antiquity of Government.        

Precedency of England in respect of the Antiquity of the Kingdom.  
TO seek before the decay of the Roman Empire the antiquity of any Kingdom is mere vanity, when as the Kingdoms of Christendom, now in being, had their rising from the fall thereof; at which 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 descent Lineal; and it is plain, that as we were later than Spain reduced under the Roman yoke, so we were sooner infreed.   

Subsequence of Spain.  
Spain since the dissolution of the Roman Empire entitled no King, till of late, for Attalaricus from whom they would, upon slender warrant, ground their dissent, was never styled Rex Hispaniae, but Gothorum, and the Kingdom of Castille, 
Rodericus Sanctius. pag 312.  wherein the main and fairest antiquity of Spain rested, begun not before the year of Christ 1017. whereas they were but Earls of Castille before; so that the Kingdom of the English began (which was always as Beda observeth a Monarch in a Heptarchy) 460. 
Beda.  years at the least before the Kingdom of Castille or Spain.   

Precedency of England in respect of Antiquity of Christian Religion.  
JOSEPH of Aramathea planted Christian Religion immediately after the passion of Christ, 
Baronius.  in this Realm.  
And Aristobulus one of them mentioned by Saint Paul, 
Dorothaeus.  Romans 6. was Episc. Brittanorum, and likewise Simon zealots.  
The first Christian King in Europe was Lucius Surius. 
Beda.   
The first that ever advanced the papacy of Rome, 
Baronius & Donaco Constantini.  was the Emperor Constantinus born at York. 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 Emperors are these Epithitons attributed, 
In inscriptionibus antiquis.  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 blood Royal, 
Easci●ulus temporis.  Confessors and Martyrs in England, than in any one Province in Europe.  
And from Ethelbert King of Kent, (Converted Anno 596) until 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. 
Tarapha.  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 heresy of Priscilian, then with Gothish Arianism, and after defaced with Moorish Mahumetism from 707 years after Christ, 
Tarapha.  in continuance 770 years, until Ferdinando, King of Arragon and Castilia utterly expelled the Moors.   

Precedency of England in respect of the more absolute Authority Political.  
THe Queen of England's power absolute in acknowledging no superior, nor in vassalage to Pope or Emperor. 
Eulogium lib. 5  For that subjection which by King John was made to Inno●entius the third, after in Parliament, Per praeceptum Domini Papae septimo Julii, Cum fidelitate & homagio relaxatur omnino.  
Sir Thomas Moor in his debellation, saith, the Church of Rome can show no such deed of subjection, neither that the King could grant it of himself. And Engubinus in his defence of Constantine's dodation, 
Ex legibus Sancti Edwardi.  nameth not England, 
Ex legibus Cenuti.  where he recited all the foedary Kingdoms of the Papacy; the Peterpences were not duties but Eleemosina Regis, neither the Romescot, 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, 
Bracton.  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 Britain, styled him Vicarius Dei in Regno suo; so is the King of England in Edgar's Laws; and Baldus 
Baldus.  the Lawyer saith, Rex Angliae est Monarcha in regno suo; and Malmesbury, 
Malmsbury.  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 vassalage, 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 Portugal in vassalage to the Pope under an Annual 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, 
Ex Eug●bino.  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 Milan.  
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 etc. Limited by the privileges 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 Majesty's power more absolute in this (confirmed by ancient Custom and privilege) than any other Christian Prince. For no Legate de Latere in England, de jure allowed, 
Ex Ranolpho N●gro.  but the Archbishop of Canterbury.  
If any admitted by courtesy, 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 prim● Henri 7. No man might denounce the Pope's 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 Council, 
Malmsbury.  so did Canutus and others.  
No appeal to Rome without the King's licence: Anno 32 & 34 Edw. 1. Inventure of Bishops and Churchmen, in the King's hand. Ex Matt. Paris & Hen. Huntingdon.  
De gestis Pontific. Donelm Placita. 32 Edw. 1. and in the 32 Edw. 3. Where the reason of the King's 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 custom to prohibit the Pope's Legate, nor useth any Authority Penal over the Clergy; Spain can produce no Example of any Provincial Council 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 merely no power Ecclesiastical, having despoiled himself of all, by inthralling their Kingdom to the Church of Rome.   

Precedency of England, in respect of Eminency of Royal Dignity.  
THe Kings of England are anointed as the Kings of France, 
Ex libro B●rn wellensis Caenobiae.  who only have their pre-eminence 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 superior Lords of the Kingdom of Scotland and Man, and Vicarii Imperii; as Edward the third and Oswald entitled Rex Christianissimus: ve. Peda lib. 2.  
3. They are named Filii adoptivi Ecclesiae, 
Platina.  as the Emperor Filius Primogenitus, and the King of France, Filius natu minor: vide Platina.  
4. They are accounted among Reges super illustres, in this order: 
Corsettus.  Imperator, Rex Franciae, Rex Angliae & Franciae, vide Corsettus.  
5. England in the General Counsels at Constance and Pisa, was made a Nation, when as all Christianity was divided into four Nations, 
Ex lib. Sacrarum Ceremoniar.  Itallicam, Gallicam, Germanicam, & Anglicam. Ex lib. sacrarum Ceremoniarum Ecclesiae Romanae.  
6. Whereupon seat accordingly was allowed at the three General Counsels, viz. Constance, Pisa, Sienna, to the English Ambassadors next to the Emperor 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 Legates should hold such their places, as they had enjoyed heretofore, according to their worth and antiquity: Yet in the Council 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 Castille, 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 Majesty's Ambassadors.  
And yet in respect of the Eminency of this Royal throne, to the See of Canterbury was granted by Vrbane, at the Council of Claremount, Anno 1096. for ever, the seat in General Council, at the Pope's 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 Castille are never anointed, neither hath the Spanish Throne that virtue to endow the King therein invested, with the power to heal the King's evil: For into France do yearly come multitudes of Spaniards to be healed thereof.  
2. No Kingdom held in fee of him.  
3. Spain than not remembered 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 Kingdom was then comprised under Itallica natio, and no Nation of itself, as in old it was called Iberia minor, as a member of Italy, Iberia major. 
Virgilius.  England being Britannia major. 
Cosmographia.   
At which time the Spaniard contented himself with the place next to the King of France. 
Garsius.    

Precedency of England before Spain, in respect of the Nobility of Blood.  
HEr Majesty in Lineal descent 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 descent as Kings of Spain is chiefly from the Earls of Castilia about 500 years since. 
vide T●rapha.   
For they cannot warrant their descent, 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 reigned now most happily 42 years.  
This we would not have alleged, 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 styled, Rex Mario Hungariae. Vide Tilius. 
Tilius.    

Subsequence of Spain.  
The King of Spain yet in the Infancy of his Kingdom.  
For the Precedency may be alleged, viz.  
The Antiquity of the Kingdom, when as Castille, Arragon, Navarre and Portuguall, had their first Kings about 1025. 
Anno Christi 1025.   
The ancient receiving of the Christian Faith, by Joseph of Aramathea, Simon zealots, Aristobulus, yea by St. Peter, and St. Paul, as Theodoretus, and Sophrinius do testify.  
The Kingdom is held of God alone, acknowledging no superior, and in no vassalage to the Emperor or Pope, as Naples, Sicilia, Arragont, Sardinia, and Corsica, etc.  
Sir Thomas Moor 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-pences, were paid to the Pope, by K. John, by way of Alms.  
The absolute power of the King of England, which in other Kingdoms is much restrained.  
England is accounted the fourth part of Christendom; 
1415.  For in the Council of Constance all Christianity was divided, in nationem, viz. Italicam, Germanicam, Gallicanam & Anglicanam, and accordingly gave voices.  
England in the opinions of the Pope's is preferred, because in it is contained in the Ecclesiastical division, two large Provinces, which had their several Legatinati when as France had scantly one.  
The Emperor is accounted major filius Papae, 
Ann● Christi.  the King of France filius minor, the King of England, filius adoptivus.  
The Archbishops of Canterbury, are accounted by the people, tanquam alterius orbis Papae, and anointed to have place in General Counsels, at the Pope's 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, 
1338.  King of England, was created by the Emperor, Vicarius Perpetuus Imperii; cum jure vitae necisque in omnes Imperii; snbditos, and the Kings of England, 
1065.  Papae Vicarii, by Pope Nicholas the second, vide COPGRAVE.  
Innocentius the fourth, 
1246.  the Pope said, vere hortus deliciarum est Anglia, vere pateus inexhaustus ubi multa abundant, etc.  
King Hen. 2. 
1185.  elected King of Jerusalem by the Christians.  
Richard the first conquered the Kingdom of Cyprus, 
1191.  and gave it unto Guy Lusigrian, whose posterity reigned there until of late years.  
Kings of England are superior 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 Sovereign, 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 AUSTRIA 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 AUSTRIA and SPAIN, etc.  
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 mere 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 ourselves 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 yourself 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, 
1503.  and Ferdinand of Spain uniting by marriage the possessions of the House of Austria, the Netherlands, Arragon, Castille, Sciciliae, and their new discoveries, to one succeeding heir, began (though a far off) to see a way whereby their Grandchild Charles, 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 than was no less than theirs; he lay in their way for Gelder's, by siding with Duke Charles; for Navarre, by protecting Albert their King, for their pieces in Italy, by confederation with the State of Venice; and for Naples and Milan 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 Charles 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 Milan for a sum of money, which the Cardinal D'amboyes, according to his Master's Covenant, saw discharged.  
Ferdinand thus possessed of what he then desired, and Maximilian not meaning to strengthen France by addition of that Duchy or repayment of the money, broke off that Treaty to which they were mutually sworn, affiancing Charles their Heir to Mary the Daughter of Henry the 7th; to whose son Arthur, 
1056.  Ferdinand had married Katherine 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 Katherine with Henry the eighth, Son of Henry the seventh; 
1510.  and are enforced to make a Bull dated a day after the Pope's death to dispense with it; and consummate per verba de praesenti, by Commissioners at Calais, the former Nuptuals of Charles and Mary, publishing a Book in print of the benefit that should accrue 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 Guienne; 
1512.  and to send his forces into Spain, as he did, under the Marquis Dorset, to join 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 Master's service.  
The next year to assure Henry the eighth, 
1513  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 easy way abroad to their former ends, project to the English King an enterprise for France, to which they assured their assistance, by mutual confederacy at Mecklin; for which Bernard de Mesa, and Lewis de Carror, for Castille 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 Viceroy of Naples into Italy, to busy 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 Gelder's, so be and Maximilian would forsake the tye they had made with Henry the eighth.  
The Viceroy of Naples is instantly recalled from Bressa; a true with Spain and France concluded; Quintean sent to the Emperor to join in it; Don John de Manuel, 
1514  and Diego de Castro employed 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 Elinor their Niece to wife: and to clear all dispute about the conditions, a blank is sent from Spain to the French King to over-write what he please.  
Henry the eighth perceiving this close and foul play, entertaineth an overture made by the Duke de Longavil then prisoner in England, for a Marriage of Mary his Sister with the French King, which effected, the two subtle Princes failed of their ends.  
Lewis dead, 
1515  and Francis succeeding, he made his first entrance a league with England, the recovery of Milan which he did, the protection of his neighbours, and reduction of the Swisses from the Imperial side, for which he employed to them the bastard of Savoy.  
Maximilian and Ferdinand seeing by this all their new purchases in danger, and that they had now no disguised marriage again to entertain the credulity of Henry the eighth, they work upon his youth and honour. The Emperor will needs to him resign his Imperial Crown; as wearied with the weight of Government and distraction of Europe, which needed a more active man then his old age, to defend the Liberty of Subjects, and Majesty of Princes from the Tyranny of France.  
That he had made the way already for him with the Electors; that he would send the Cardinal Sedunensis, with ample commission into England to conclude the resignation, which was done. That at Aquisgrave he will meet Henry the eighth, and there give up his first Crown, from thence accompany him to Rome, where he should receive the last right of the Imperial dignity, putting Verona into his protection, then assailed by the Venetians; and giving him the investiture of Milan in feodo, more Imperiali, then in possession of the French, to tie his aid the faster against these States.  
Hereupon Henry the eighth concluded a defensive league with the Bishop of Mesa and Count Daciana, authorised Commissioners from the Emperor, Arragon, Castille, and sendeth his Secretary Master Pace with money, for Maximilian had already borrowed and broken to entertain the Swissers into pay and confederacy against France.  
Charles the Grandchild must feign a difficulty to sway his League, until the Emperor at Henry the eighths' cost, was fetched from Germany to the Netherlands to work his Nephew to it, who in the interim had closely contracted a peace by the Grandfather's consent with France. No sooner had Maximilian received ten thousand Florins of the English King to bear his charge, but the Treaty of Noyon, was closely between him; Arragon and Castille concluded, whereby the ten thousand Crowns for recognition of Naples was passed from France to the Emperor, and Charles himself affianced to Loysia the French Kings daughter, and also darkly carried, that when Master Pace at Agno came down from the Emperor with his Signature of the confederacy, the French Kings Ambassador went up the back Stairs, with six thousand Florins, and the transaction of the Pension of Naples to Maximilian, and there received his confirmation of the Treaty at Novon; notwithstanding the same day the Emperor looking upon his George and Garter, wished to Wingfield, Henry the eighths' Ambassador, that the thoughts of his heart were transparent to his Master.  
So displeasing was this foul play to the Cardinal Sedunensis, the Emperor's chief Counsellor, that he writ contra perfidiam Principum, against the falsehood of his own Lord, a bitter Letter to the English King; who finding again how his youth and facility was overwrought by these two old and subtle Princes, his vast expenses lost, his hopes of France lessened, and that of the Emperor vanished (for Maximilian is now conferring the Title of Rex Romanorum to one of his Nephews) concludeth, 
1518  by mediation of the Admiral of France, a peace with that King; a marriage for the Dolphin Francis with the Lady Mary, and the re-delivery of Tournay, for a large Sum of Money.  
Not long after Maximilian dieth, leaving the Imperial Crown in Competition of France and Castille. Charles, whose desire was, as his Ancestors, to wove that wreath for ever into the Austrian Family, began to fear the power of his corrival, with whom the Pope then sided, and the English King stood assured by the late marriage of their two Children. To draw off the Pope he knew it was impossible, he was all French. To work in Henry the eighth, he found the inconstancy of his predecessors, and the new match to lie in the way. To clear the one, he is fain, in his Letters into England, 
1519  to load his two Grandfathers with all the former aspersions, his years, and duty, then tying him more to obedience then truth: but that he was a man, and himself now; that mutual danger would give assurance, where otherwise single faith might be mistrusted; France was in itself, by addition of Brittany, more potent than ever, this man had rejoined to it some important pieces in Italy, and should his greatness grow larger up by accession of the Imperial Crown, how easy were it to effect indeed what he had fashioned in Fancy, the Monarchy of Europe. As for the young Lady, who was like to lose her husband if Henry the eighth incline to this Counsel, and assist Castille in pursuit of the Emperor; he was contented (for Loisia of France, espoused to him by the Treaty at Noyon, was now dead) to make up the loss of the Lady Mary by his own Marriage with her; a match fitter in years, for the Dolphin was an infant, as great in dignity; for he was a King, and might by the assistance of her father be greater in being Emperor.  
Thus was Henry the eighth by fears and hopes turned about again, 
1519  and Pacy forthwith sent to the Electors with instructions & money, who so wrought that Charles was in July chosen Emperor: and that it was by the sole work of Henry the eighth, himself by Letters under his hand acknowledged. From Aquisgrave, he cometh Crowned the next year for England, 
1522  weddeth at Windsor the Lady Mary; concludeth by league the invasion of France, and to divide it with Henry the eighth by the River of Rodon, making oath at the high Altar at Paul's for performance of both those Treaties.  
Hereupon France is entered by the English army, and Bourbon wrought from his Allegiance by a disguised promise of this Emperor of Elinor his Sister for wife, to raise forces against his Master, which he did, but was paid by the English King.  
The French King to carry the wars from his own doors, 
1524  maketh towards Milan; 
1525  whereby Bourbon and his forces were drawn out of Province to guard the imperials in Italy.  
At Pavia they met, 
1526  and the French King was taken prisoner, and forthwith transported into Spain; where at Madrid the Emperor forced his consent to that Treaty, whereby he gained Burgundy, and many portions in the Netherlands; leaving Henry the eighth who had born the greatest charge of all that War, not only there unsaved, but calling a Parliament at Toledo, taketh by assignment of his States, Isabella of Portugal to wife, procuring from Pope Clement a Bull to absolve him of his former oaths and Marriage, working not long after by Ferdinandus his Chaplain, the Earl of Desmond to Rebel in Ireland, and James the fifth of Scotland, by promise of Marriage with his Niece the daughter of Denmark; to whom he likewise sent Munition, and money, to busy Henry the eighth at home, that he might be the less able to requite these indignities he had so done him. And to show that his ambition was more than his piety, he Ordered by instructions, first the Duke of Bourbon, and after Hugo de Monsado to surprise Rome and the Pope; sending Angelo an observant Friar thither, whom he had assigned to the Papal Throne, intending to reduce the choice of the See from the Cardinals again, to the Empire, and there to set up a first Monarchy.  
But his design by a needful confederacy, as now of the Pope, French King, Princes of Italy and others, with Henry the eighth, who was made Caput faedoris, was to the safety of all Christian Princes, prevented happily, and he himself reforced at Cambray in the year one thousand five hundred twenty and nine, to redeliver the French King, 
1529  and many pieces of that Crown he had wrested away by the Treaty of Madrid, and to sit down with moderate and fair conditions against his will.  
His waking Ambition would not long let him rest, but again he plotteth to break the knot between the French and English Kings.  
To work this, he assureth, by contract, his assistance in furtherance of Henry the eighths' Title to France; and to make the greater belief, offereth a marriage to the Lady Mary, so she might be declared again Legitimate.  
Henry the eighth acordeth with him, and advanceth his Army into France, where he had no sooner recovered Bulleyn, but the Emperor catching advantage on the French Kings necessities, falleth off from his former faith and promise, making up a peace perpetual with France, 
14 Septemb. 154●  whereby all claim from the Crown of Arragon, Naples, Flanders, Arras, Gelder's, and other parts was released, and mutual confederation for restitution of the Catholic Religion concluded betwixt them both.  
Edward the sixth succeeding his Father forbears all Treaties with Spain, but those of intercourse, persisting as formerly in union with the Princes of Germany, and his other Allies, preventing those expenses and dangers, which his Father's belief and confidence of Spain had tasted of before.  
His Sister and Successor Mary, 
1558  entertaining that fatal Amity with the Emperor and his son, by Marriage, embarked her Estate in a dangerous war, whereby the Realm was much impoverished, and Calais lost.  
Her Sister of happy memory succeeding made up that breach, by that threefold Treaty at Cambray, 1558. Where King Philip as bound in honour, stood bound for aid in Recovery of Calais; But his own ends by that Convocation served, he left her after to work out her safety herself alone; yet fearing that a Union of France and your Realms, in the person of your most virtuous Mother, then married into France, he under a feigned pretence of Marriage, wrought, by Caraffa▪ and his Faction of other Cardinals, a stay of the Pope's Declaration against the Queen of England, more his own fears, than his love procuring it.  
Yet the Princely disposition of this Noble Lady, taking those pretences for real favours, was not wanting both with her Counsel and Purse; for she employed many of her ablest Ministers to mediate, and disbursed upon the assurance of Brabant, and the good Towns of Flanders whose bonds are yet extant, 
1578▪  for reduction of those Provinces to his obedience, one hundred and fifty thousand pounds. 
150000 li.   
But when she found his aim to be the violating of their ancient liberties, and in it saw her own danger involved; her Counsel advised her, not to leave the assistance of those People, France, and those other Princes that lay as herself in danger, to be swallowed up in his ambitious ends, who, when he intended the Conquest of her Estate, to blind her with security, presented by Carlo Lanfranco, 
1587.  and the Prince of Parma, a Proposition of Peace; graced with as many Arguments of honest meaning, as his Progenitors had used to her Father, which she accepted, but not without a prudent suspicion. For when the Treaty was in height, the brought his invincible Navy to invade the Realm, the success whereof was answerable to his Faith and Honour, She left not that injury without Revenge, but forced him in his after Reign, to that extremity, that he was driven to break all faith with those Princes that trusted him; 
1597 25000 Mill. of Crowns.  and paid for one years' Interest, about twenty five thousand Millions of Crowns.  
So low and desperate in Fortunes your Highness found him, 
King James, 1603  when to all our comforts you took this Crown; Then from the abundant goodness of your peaceable Nature, you were pleased to begin your happy Reign with general quiet, 
16●●  and with Spain the first, which should have wrought in noble Natures a more grateful Recompense than after followed: 
1606▪  For long it was not before Tyrone was heartened to rebel against your Highness, and flying, had pension at Rome, paid him from the Spanish Agent. His son Odonell Tirconell, and others your chiefest Rebels, 
1612  retained ever since in Grace and Pay with the Arch-dutchess, at Spain's devotion.  
As soon as your eldest Son of holy memory now with God, was fit for marriage, they began these old disguises, by which before they had thriven so well, etc.   

Twenty Four ARGUMENTS, Whether it be more expedient to suppress POPISH PRACTICES Against the due ALLEGIANCE OF HIS MAJESTY.  
By the Strict Executions touching Jesuits and Seminary Priests? OR, To restrain them to Close Prisons, during life, if no Reformation follow?  
Written by Sir Robert Cotton, Knight and Baronet.  
LONDON, Printed in the Year 1672.   

Twenty four ARGUMENTS Whether it be more expedient to suppress POPISH PRACTICES Against the due ALLEGIANCE To His MAJESTY.  
By the Strict Execution touching Jesuits, and Seminary Priests, etc.  
I Am not ignorant, that this latter age hath brought forth a swarm of busy heads, which measure the great Mysteries of State, by the rule of their self-conceited wisdoms; but if they would consider, that the Commonwealth, governed by grave Counsellors, is like unto a Ship directed by a skilful Pilot, whom the necessities of occasions, and grounds of reason, why he steereth to this, or that point of the Compass, are better known, then to those that stand a loof off, they would perhaps be more sparing, if not more wary in their resolutions; For my own particular I must confess, that I am naturally too much inclined to his opinion, who once said, Qui bene latuit, bene vixit, and freshly calling to mind the saying of Functius to his Friend, at the hour of his untimely death, Disce meo exemplo mandato munere fungi: Et fuge seu pestem—  
I could easily forbear to make my hand-writing the Record of my opinion, which nevertheless I protest to maintain rather deliberatively, than by the way of a conclusive assertion; therefore without wasting precious time any longer with needless Prologues, I will briefly set down the question in the terms following, viz.  
Wh●ther it be more expedient to suppress Popish Practices, against the due Allegiance to his Majesty, by the strict Execution touching Jesuit● and Seminary Priests: Or to restrain them to close Prisons, during life, if no Reformation follow.  

In favour of the first Division.  

I.  
There are not few, 
Mercy forerunning the rapine of a milefactor, is an ill Guardian of a Prince's Person.  who grounding themselves on an Ancient Proverb, A dead man bites not, affirm, that such are dangerous to be preserved alive, who being guilty, condemned, and full of fear, are likely for purchase of Life and Liberty, to enlarge their uttermost in desperate adventures, against their King and Country.   

II.  
No less is it to be feared, 
A hard hand, suddenly remitted, is seldom by the rude people interpreted 〈◊〉 the best sense.  that while the sword of Justice is remiss, in cutting off heinous offenders against the Dignity of the Crown, the misled Papal multitude, in the interim, may enter into a jealous suspense, Whether that forbearance proceed from fear of exasperating their desperate humours, or that it is now become questionable, Whether the execution of their Priests, be simply for matter of State, or pretended quarrel for Religion.   

III.  
And whereas in a remediless inconvenience, 
There is no hope of Reformation where there is no Confession of the fault.  it is lawful to use the extremity of Laws against some few, that many by the terror of the example, may be reform; what hope can there be that Clemency may tame their hearts, who interpret His Majesty's grace in transporting their Priests out of His Realm, to be a mere shift to rid the Prisons of those whom Conscience could not condemn of any capital crime.   

IV.  
Neither are their vaunting whisper to be neglected, 
While Justice sleeps, the time serves to sow news, and raise Factions.  by which they seek to confirm the fearful souls of their party, and to inveigle the ignorant, doubtful or discontented persons: for if the glorious extolling of their powerful friends, and the expectance of a golden day, be suffered to win credit with the meaner fort, the relapse cannot be small, or the means easy to reform the error, without a general combustion of the State.   

V.  
Let experience speak somewhat in this behalf, 
Fearful spirits, by sufferance, grow insolent and cruel.  which hath evidently descried, within the Current of few years, that the forbearance of severity, hath multiplied their Roll in such manner, that it remains as a Corrosive to thousands of his Majesty's well-affected Subjects.   

VI  
To what purpose serves it to muster the names of the Protestants, 
Union in a prepared conspiracy prevails more than number.  or to vaunt them to be ten for one of the Roman Faction? as if bare figures of numeration could prevail against an united party, resolved, and advised before hand, how to turn their faces with assurance, unto all dangers, while in the mean time, the Protestants neastling in vain security, suffer the weed to grow up that threateneth their have and merciless ruin.   

VII.  
Sometime the Oath of Supremacy choked their presumptuous imaginations; 
It is hard to persuade those who by reason of their dependency on the Pope, are scarce masters of their own Souls.  and yet could not that infernal smoke be smothered, nor the Locusts issuing thereout be wholly cleansed from the face of this Land. Now that the temporal power of the King, contained in the Oath of Allegiance, is by the Papal See, and many of the Adorers thereof, impudently avowed to be unlawful; shall the broachers of such Doctrine be suffered to live, yea and to live and be relieved of us, for whose destruction they groan daily?   

VIII.  
To be a right Popish-Priest, 
Malis benefacere, tantu●dem est ac bonis inal● facere.  in true English sense, is to bear the Character of a disloyal Renegado of his natural obedience to his Sovereign, whom if by connivency he shall let slip, or chastise with a light hand, what immunity may not traitorous Delinquents in dat degrees expect, or challenge, after a sort, in equity and justice?   

IX.  
If there were no Receivers, 
Fellowship i● misery easeth grief, and by the clamour of a multitude, Justice is many times condemned.  there would be no Thiefs: Likewise if there were no harbourers of the Jesuits, it is to be presumed, that they would not trouble this Isle with their presence, therefore rigour must be extended against the Receiver, that the Jesuits may be kept out of doors; were it then indifferent justice, to hang up the Accessary, and let the Principal go free, namely to suffer the Priest to draw his breath at length, whiles the Entertainer of him under his Roof submits his body to the Executioners hands? without doubt if it be fit to forbear the chief, it will be necessary to receive the second offender in, to protection, wherewith a mischief must ensue of continual expense, and scandalous restraint of so great a number.   

X.  
Reputation is one of the principal Arteries of the Commonwealth, which Maxim, is so well known to the Secretaries of the Papacy, that by private Forgeries, and public impressions of Calumniations, they endeavour to wound us in that vital part; howsoever therefore some few of that stamp, being better tempered then their fellows in defence of this present Government, have not spared to affirm that Tyranny is unjustly ascribed thereunto, for so much as freedom of Conscience after a sort may be redeemed for money, notwithstanding there want not many Pamphleteers of their side, 
It is not good to set price on that which being sold will bring repentance to the seller.  who approbriously cast in our teeth, the converting of the penalty inflicted on Recusants, and refusers of the Oath of Allegiance, from the King's Exchequer, to a particular Purse, sure we cannot presume, that those Libelers may be dissuaded from spitting out their venom maliciously against us, 
Wariness is to be used with those, Quines' totam servitutem pati possunt, nec totam Libertatem.  when they shall see their Priests mewed up without further process of Law, for either they will attribute this calm dealing to the justice of their cause, the strength of their party, or patience; or that tract of time hath discovered out Laws, importing over much sharpness in good policy to be thought fitter for abrogation, by Non-usance, than repealed by a public decree.   

XI.  
Moreover it is forethought, 
Most men write good Turns in Sand, and the bad in Marble.  by some, that if these Seminaries be only restrained, they may prove hereafter like a Snake kept in the bosom, such as Bonner, Gardiner, and others of the same Livery showed themselves to be, after Liberty obtained in Queen Mary's time, and if the loss of those Ghostly fathers aggrieve them, it is probable, that they will take arms sooner, and with more courage, to free the living, then to set up a Trophy to the dead.   

XII.  
Howsoever, 
Fugitives that crave succour use to lie much in favour of their cause and power.  the Jesuits band is known in their native soil, to be defective in many respects, which makes them underlings to the Protestants, as in Authority, Arms, and the protection of the Laws, which is all in all; 
Relation de Botero. It is a sig● when a Faction dares number their side, that there is an opinion conceived of sufficient strength, to attempt some Innovation. In a Commonwealth there ought to be one head, for which cause a Prince must be vigilant, when divers factions arise that by favouring one, and neglecting the other, instead of a head of all he become only a member of one Party.  Nevertheless they insinuate themselves to foreign Princes, favouring their party, with promises of strong assistance at home, if they may be well backed from abroad; To which purpose they have divided the inhabitants of this realm into four sects, whereof ranking their troops in the first place (as due to the pretended Catholics) they assumed a full fourth part to their property, and of that part again they made a subdivision into two portions, namely, of those that openly renounced the established Church of England, and others, whose certain number could not be assigned, because they frequented our srevice, our sacraments, reserving their hearts to the Lord God the Pope: The second party they allot to the Protestants, who retain yet (as they say) some relics of their Church: The third rank and largest was left unto the Puritans, whom they hate deadly, in respect they will hold no indifferent quarter with Papistry: The fourth and last maniple they assign to the politicians, huomoni (say they) senza dio, & senza anima, men without fear of God, or regard of their Souls, who busying themselves only in matter of State, 
Discontented minds in beginning of Tumults will agree, though their ends ●r divers.  retain no sense of Religion. Without doubt, if the Authors of this partition have cast their account aright, we must confess that the latter brood is to be ascribed properly unto them; 
A multitude is never united in gross, but in some few heads which being taken away, converteth their fury against the first movers of the Sedition.  for if the undermyning of the Parliament house, the scandalising of the King in print, who is Gods anointed, and the refusal of natural obedience, be marks of those, that neither stand in awe of God or conscience, well may the Papists boast, that they are assured of the first number, and may presume likewise of the last friendship, when occasion shall be offered; for the preventing of which combination, 
Certain Germans in Henry the seconds time calling themselves Publicans were marked with a hot Iron in the foreheads and whipped, being thrust out in the Winter, with a Prohibition that none should receive them into their houses, they died of hunger and cold.  it is a sure way, to cut off the heads that should tie the knot, or at least to brand them with a mark in the forehead before they be dismissed, or (after the opinion of others) to make them unwelcome to the feminine sex, which now with great fervency embraceth them.  
These are for the most part Arguments vented in ordinary Discourse, by many who suppose a Priest's breath to be contagious in our English air.  
Others there are, who maintain the second part of the Question, with reasons not unworthy of observance.    

In favour of the second Division.  

I.  
DEath is the end of temporal woes; 
Rooted suspicion, being violently handled, groweth more wary, but not less obstinate.  but it may in no wise be accounted the Grave of memory; therefore howsoever it is in the power of Justice to suppress the Person of a man, the opinion for which he suffered (conceived truly, or untruly in the hearts of a multitude) is not subject to the edge of any sword, how sharp or keen soever. I confess that the teeth are soon blunted that by't only out of the malice of a singular faction, but where Poison is diffused through the Veins of a Commonwealth, with inermixture of blood good and bad; separation is to be made rather by patient evacuation, than by present incision; the greatest biter of a State is Envy, joined with the thirst of Revenge, 
If conspirators have one sympathy of mind, the conspiracy is never wholly suppressed, so long as one of them remaineth.  which seldom declares itself in plain colours, until a jealousy conceived of personal dangers, breaketh out into desperate resolutions; hence comes it to pass, that when one male-contented member is grieved the rest of the body is sensible thereof, neither can a Priest or Jesuit be cut off, without a general murmur of their Secretaries, which being confident in their number, secretly Arm for opposition, or confirmed with their Martyr's Blood (as they are persuaded) resolve by patience and sufferance to glorify their cause, and merit Heaven. Do we not daily see, that it is easier to confront a private enemy, than a Society or Corporation? 
Opinion settled in a multitude, is like Hydra's heads, which must be cured with scarring and not by letting blood.  and that the hatred of a State is more immortal, than the Spleen of a Monarchy, therefore except it be demonstrated, that the whole Roman City, which consists not of one brood, may be cut off at the first stroke as one entire head, I see no cause to think our State secured, by setting on the skirts of some few Seminaries, leaving in the mean time a multitude of Snarlers abroad, who already show their Teeth, and only wait opportunity to bite fiercely. I will not deny, that, what we fear, we commonly hate, provided always, that no merit hath interceded a reconciliation; for there is great difference between hatred conceived against him that will take away the life, 
Clemency is a Divine instinct, and worketh supernal effects.  and him that may justly do it, and yet in clemency forbears to put it in effect; for the latter breedeth reverend awe, whereas the former subjecteth to servile fear, always accompanied with desire of innovations, and although it hath been affirmed of the Church of Rome, 
Gorticii Axiomata Politica.  Quod Pontificium genus semper crudele, nevertheless out of Charity let us hope, that all devils are not so black as they are painted, some, or perhaps many of them there are, whom conscience, or in default thereof, pure shame of the world will constrain to confess that his Majesty most graciously distinguisheth the Theory of Popery; 
Tacitus in vita Agricol.  from the Active part thereof, as being naturally inclined, Parvis peccatis veniam, magnis Severitatem commodare, nec poena semper, sed saepius poenitentia contentus esse.   

II.  
Mistaking of punishments Legally inflicted, commonly proceeds from fond pity, or the interest which we have in the same cause; both which beget blind partiality; admit then, that the Papal side, 
When Traitors in evils will not choose the least, it is an argument that they are desperate, and breath nothing but extremity of mischief.  affecting merit by compassion, may be nearly touched with the restraint of their Seminaries, it cannot be denied I hope, except they had the hearts of Tigers, that in humanity they will prefer their ease of durance, before the rigour of death; and albeit that Parsons, Bellarmin, and the Pope himself, constrain their spiritual Children, to thrust their fingers into the fire, by refusing the Oath of Allegiance, notwithstanding we have many testimonies in judicial Courts, and printed Books, that the greater part of them are of that Theban hunter's mind, who would rather have seen his Dogs cruel acts, then have felt them to his own cost.  
Garnett himself also in one of his secret Letters, 
It was a precept of Machivells, to put on the mask of Religion.  that after his death he should not be enrolled amongst the Martyrs, because that no matter of Religion was objected against him; yet it plainly appeared in his demeanour, that he would gladly have survived the possibility of that glory, if any such hopes had remained. Neither is it to be presumed, that being in Prison, he would ever have conceived that we durst not touch his Reverence, 
So it pleased Parsons to cavil, of whom it might be truly spoken, Malus malum pejorem esse vult, & sui similem.  or that the Law was remiss which had justly condemned him, and left his life to the King's mercy. It was the distance of the place and not Parsons that interpreted the sending over-seas of the Priests to be a greater argument of their innocency, than of his Majesty's forbearance; For had Father Parsons himself been Coram nobis, his Song would rather have been of mercy then justice. It is truly said, that we are all instructed better by examples than precepts, therefore if the Laws printed, and Indictments recorded, cannot control the Calumniations of those that wilfully will mistake Treason, for Religion: By the execution of two or three of that backbiting number, I doubt not but the question may readily be decided.  
— Namque immedicabile vulnus, Ense recidendum est, Ne pars sincera trahatur.   

III.  
To dally with pragmatical Papists, especially with those that by their example and Counsel pvevert his Majesty's Subjects, 
To bestow benefits on the b●d, maketh them worse and vilifieth the reward of the virtuous.  I hold it a point of mere injustice; For, what comfort may the good expect, when the bad are by connivency free to speak, and emboldened to put their disloyal thoughts into execution? For explaining therefore of my meaning, it is necessary to have a regard unto the nature of the King's Liege-People, that are to be reform by example of justice, and others, Foreigners, who will we, nill we, must be censurers of our actions; It hath been truly observed that the Nations of Europe, which are most remote from Rome, are more superstitiously inclined to the dregs of that place, than the nearer neighbours of Italy, whether that humour proceeds from the Complexion of the Northern Bodies, which is naturally more retentive of old Customs, than hotter Regions; or that the vices of the City, seated on seven Hills, are by crafty Ministers of that See, concealed from the vulgar sort, I list not now to discuss; but most certain it is, that the people of this Isle exceed the Romans in zeal of their profession; In so much that in Rome itself, I have heard the English Fugitives taxed by the name of Pichia pelli Inglesi, Knock-brests, id est, Hypocrites; now as our Countrymen take surer holdfast of Papal traditions, than others; so are they naturally better fortified with a Courage to endure Death for the maintenance of that cause; for this Climate is of that temperature out of which Vegetius holdeth it fittest to choose a valiant soldier, where the Heart finding itself provided with plenty of blood to sustain sudden defects, 
Valour is often overcome by weakness, but being too much prized it turneth to unbridled furies.  Is not so soon apprehensive of death or dangers, as where the store-house of blood being small, every hazard maketh pale cheeks and trembling hands: Angli (say Ancient writers) bello intrepidi, nec mortis sensu deterrentur; And thereunto Botero the Italian beareth witness in his Relations; Many strangers therefore coming out of Foreign parts among the rarities of England desire to see whether Report hath not been too lavish, in affirming that our condemned Persons yield their Bodies to Death with chieerfulness, and were it not that by daily experience we can call ourselves to witness of this truth, 
The best Laws are made out of those good Customs, whereunto the people is naturally inclined.  I could produce the Reverend Judge Fortescue, who in commendation of our English Laws, made suitable (as he well observeth) to the imbred Conditions of the imhabitants of this soil, avoweth, that the English people in trial for Criminal causes, 
Use to see men die with resolution, taketh away the fear of death, for which purpose the Romans used the fights of their Gladiators.  are not compelled by tortures to confess as in other Nations it is used, for as much as the quality of the English is known to be less fearful of death than of torments, for which cause if the torments of the Civil Law were offered to an innocent person in England, he would rather yield himself guilty, and suffer death, then endure the horror of lingering pains. Insulani plerunque Fures (saith one) and so true it is, that this Country 〈◊〉 stained with that imputation, notwithstanding that many are put to death, to the end that others by their fall, might learn in time to beware; If then it do appear that terror prevails not, 
The Heretics called Publicans when they were whipped they took their punishment gladly, their Captain Gerrard going before them and singing, Blessed are you when men do hate you. Andromache●. Si vis vitam minitare. Seneca ●rag.  to keep men from offences which are condemned by Law, and Conscience, what assurance can there be to scare those, who are constantly satisfied in their minds, that their sufferings are either expressly, or by implicitation for matter of Religion and health of their Souls; in such case to threaten death to Englishmen, Quibus nihil interest humine sublimi ne putrescant, is a matter of small consequence, Purpuratis Gallis, Italis, aut Hispanis, ista minitare, to a settled resolution it boots not to show the dreadful visor of death; Menaces to prolong a wearisome life, prevail much more in such cases. Rightly did Clement the eighth consider, 
Worldly des●res, may be quenched with godly meditations, our beavenly hopes cannot be abated by earthly punishments.  that by burning two Englishmen in Rome for supposed Heresy, he rather impaired his Cause than bettered it, insomuch that many present at the resolute death of Mr. Marsh, who was brought to dust in Campo di Sancta Fiore, spared not to proclaim himself a Martyr, carried away of his ashes for a Relic, and wished their souls in the same place with his; which news brought to the Pope's ear, caused him (as it was bruited about Rome) solemnly to protest, that none of the English Nation should publicly from that time be consumed with fire: on the other side if we read the Volumes written in praise of their Priest's Constancy, the Martyrology or Calendar of Martyrs, and path way of Salvation as it were, chalked out unto the Papists, by sacrificing their lives for the Pope, 
It is a point of wisdom to maintain the truth with as little disputation as may be, lest a good cause be marred with ill handling.  we shall find that by taking away of one we have confirmed and united many, whereof I could give particular instance, if I thought any scruple were made in that point. As for foreign parts which hold with the Papal Supremacy, it is clear that they will be severe, and partial judges in this cause; for albeit that here in England, It is well known to all true and loyal Subjects, 
Truth seldom prevaileth with the partiality of the people, which being ignorant is carried away with the outward semblance of things.  that for matter of Roman doctrine, no man's life is directly called into question? but that their disobedience in reason of State is the motive of their persecution; Nevertheless where a great Canker of Christendom is rooted in a contrary opinion, and things in this world are for the most part esteemed by outward appearance, this Land cannot escape malicious scandals, neither shall there be want of Colleges to supply their Faction with Seminaries; 
It is hard to make a rule so general, against which difference of Circumstance may not except.  Therefore again and again, I say, that if the state of the question were so set, that it were possible by a general execution of the Priests, and their adherents, to end the controversy, I could in some sort with better will, subscribe thereunto; But seeing I find little hope in that course, I hold it safer to be ambitious of the victory, which is purchased with less loss of blood; and to proceed as Tully teacheth his Orator, who when he cannot wholly overthrow his Adversary, yet ought he to do it in some part, and with all endeavour to confirm his own party in the best manner that may be.   

IV.  
He that forbeareth to sow his ground in expectance of a good Wind or favourable Moon, commonly hath a poor crop and purse; so shall it fare with this State; if private whisparings of discontented persons, that never learned to speak well, be too nicely regarded, 
He that is culumniated by many, is in danger, first to be suspected by his friends, and shortly to be condemned if the slandes continue.  yet ought they not to be slightly set at nought, lest our credit grow light, even in the balance of our dearest friends. The Papistical Libelers inform against us, as if we were desirous to grow fat with sucking of their blood, the very walls of their Seminary College at Rome are bedawbed with their lying Fancies, and in every corner the Corner-creepers leave some badge of their malicious spleen against us, crying out of Cruelty and Persecution; but if the penalty of death be changed into a simple endurance of prison, what moat in our eyes can they find to pull out? or with what Rhetoric can they defend their obstinate malapartness, 
That Counsel takes best effect that is fitted to the nature of times and persons.  which with repaying us ill for good, deserve to have coals of indignation poured upon their heads? Visne muliebre Consilium? said Livia to Augustus; Let severity sleep a while, and try what alteration the pardoning of Cinna may procure; The Emperor harkened to her Counsel, and thereby found his Enemy's mouths stopped, and the fury of their malice abated. Some there are perchance that will term this Clemency innovation; and vouch the Precedent of that City, which permitteth none to propound new Laws, that had not a cord about their necks ready for vengeance, 
Those Changes of States are safely made, which reserving most of the Ancient form, betters it and reduces the defects into order.  if it were found unprofitable; but let such Stoics know, that there is great difference between the penning of a Law, and advice giving for the manner of executing it; neither (by their leaves) are all innovations to be rejected, for divine Plato teacheth us, that in all Commonwealths upon just grounds, there ought to be some changes, and that States men therein must behave themselves like skilful musicians, Qui artem musices non mutant, sed musices modum.   

V.  
That an evil weed groweth fast, 
The Church is most zealous, when Persecution is fresh in memory; when those times are forgotten, we gr●w to loathe that which we enjoy freely.  by the example of the new Catholic increase, is clearly convinced; but he that will ascribe this generation simply to his Majesty's heroical virtue of Clemency, argueth out of fallacy, which is called Ignoratio Elenchi; was not the zeal of many cooled towards the last end of Queen Elizabeth's Reign? hath not the impertinent heat of some of our own side bereft us of part of our strength, and the Papacy with tract of time gotten a hard skin on their Consciences?  Parva metus primo, mox sese attollit in altum? 
But if we will with a better insight behold how this great quantity of spaun is multiplied, we must especially ascribe the cause thereof to their Priests, who by their deaths prepare and assure more to their sect, than by their lives they could ever persuade; It were incivility to distrust a Friend, or one that hath the show of an honest man, if he will frankly give his word, or confirm it with an Oath, but when a Protestation is made upon the last gasp of life, it is of great effect to those that cannot gainsay it upon their own knowledge.  
The number of Priests which now adays come to make a Tragical conclusion is not great; 
In this case the question is not so much of the truth of it, as who shall be Judge, and what Censure will be given.  yet as with one Seal many Patents are sealed; so, with the loss of few lives numbers of wavering spirits may be gained, Sanguis Martyrum, Semen Ecclesieae; And though those Priests having a disadvantageous cause, are in very deed but counterfeit shadows of Martyrs unto a true understanding, yet will they be reputed for such, by those that lay their Souls in pawn unto their Doctrine, with whom if we list to contend by multitude of voices, we shall be cried down without all peradventure, for the gate of their Church is wide, and many there are that enter thereinto.   

VI  
By divers means it is possible to come to one and the self same end; seeing then that the sum of our wellwishing is all one, namely that Popish Priests may have no power to do harm, it is not impertinent to try sundry paths, 
In the first 11 years of Q. Eliz. it was rasier to subdue Popery, than now, for than they feared to irritate the State, not knowing how far severity might extend, now knowing the worst, they are resolved Agere & ●ati portia.  which may lead us to the perfecting of our desires. Politicians distinguish inter rempublicam constitutam & rempublicam constituendam, according to the several natures whereof Statists art to dispose of their Counsels and Ordinances; were now the Rhemists and Romulists new hatched out of the shell, the former course of severity might soon bury their opinions with their persons, but since the disease is inveterate, variety of medicines is judicially to be applied. The Romans did not punish all crimes of one and the selfsame nature with extremity of death; for some they condemned to perpetual prison; and others they banished into an Island or some remote Country; even in the case of Religion they were very tender to dip their fingers in blood; for when Cato was Consul, (and it seemed good unto the Senate to suppress with violence the disordered Ceremony of the Bacchanals, brought by a strange Priest into the City) he withstood that sentence, alleging that there was nothing so apt to deceive men as Religion, which always pretends a show of divinity: and for that cause, it behoved to be very wary in chastising the professors thereof, lest any indignation should enter into the people's minds, 
Vulgu● est morosum animal, quod facilius duci, quam cogi potest.  that somewhat was derogated from the Majesty of God. Others (more freely) have not spared to place Relgion, (I mean that Religion which is ignorantly zealous) amongst the kinds of Frenzy, which is not to be cured otherwise than by time given to divert, or qualify the fury of the conceit, Tantum Religio potuit suadere malorum.   

VII.  
Howsoever in valuing the power of a City or strength of arguments, 
Many Partisans encourage the faint-hearted, and when an one my cannot prevail against number, his thoughts are not how to offend, but how to make a safe retreat.  quality and worth is to be preferred before number; nevertheless where the uttermost of our force is not known, it imports much to have it conceived; That the multitude stands for us, for doubts and suspicions cast in an enemy's way evermore makes things seem greater, and more difficult than they are indeed; we have by God's mercy the Sword of justice drawn in our behalf, which upon short warning is able to disunite the secret underminers of our quiet; we have a King zealous for the house of the Lord, 
More Priests may be shut up in a year than they can make in many.  who needeth not to fear less success in shutting up of Priests, than our late Queen had, in restraining them in Wisbich Castle, where lest their factious Spirits should grow rusty, they converted their Cancer to fret upon themselves, and vomiting out Gall in Quodlibets, showed that their disease was chiefly predominant in the spleen; what tempests they have raised in their College at Rome, 
De●s●re of in●●ovation is ●●sh and conventions▪ and therefore can hardly agree of a head.  their own books, and many travellers can witness; the storm whereof was such, that Sixtus Quintus complained seriously of the vexation which he received oftener from the English Scholars, than all the Vassals of the Triple Crown; and untruly is the Magistrate noted of negligence or overmuch security, that layeth wait to catch the Foxes, and the little Foxes which spoil the Vineyard, 
T●●ce is always to be wished Provided that under the canker thereof, there be not a mischief entertained worse than War if self.  though afterwards without further punishment he reserve them to the day wherein God will take account of their Stewardship; for if Aristotle's City, defined to be a society of men assembled to live well, be the same which in our Law, hath reference to the maintaining of the people in Peace, so long as we taste of the sweet of a peaceable Government we cannot say but that we live well, and that the City consisting of men and not of walls is happily guided.   

VIII.  
An Oath is a weak bond to contain him that will for pretended conscience sake hold not faith with heretics, 
An oath is of force, so long as it is thought lawful, when that opinion is crazed, it doth more hurt than good.  or by absolution from a Priest thinketh himself at liberty to fly from any promise or protestation whatsoever; therefore when I remember that Watson the Priest, notwithstanding his invectives against the Jesuits, gained liberty to forge his traitorous inventions, and had others of his society in the complot, I judge if safer to make recluses of them, than to suffer such to dally with us by books, and some idle intelligences cast abroad only as a mist to blear our eyes. But how shall we find the means to apprehend those disguised Romanists that borrow the shape of Captains, Merchants, Gentlemen, Citizens, and all sorts of people, and by equivocation may deny themselves to be themselves? In answer to this question, I will first show the reason why they are not pursued and taken, and hereafter make an overture how they may be bolted out of their hutches; the nature of Man howsoever in hot blood, it be thirsty of revenge, in a cold temper it hath a kind of Nausea as I may call it, or a distaste of taking away the lives, 
One man in another beholdeth the Image of himself, and there by groweth compassionate and sen●●ible of that which may fall to himself.  even of the Nocent, insomuch that in all Assizes and Sessions, an offender can hardly be condemned, whom the foolish pity of man will not after a sort excuse, with laying some imputation on the Judge, part on the Jury, and much on the Accuser; and such is their blind affection, that the prisoner who perhaps was never recommended for handsomeness, will be esteemed of them, for one of the properest men in the company; from hence it comes that the name of Sergeant, or Pursuivant is odious, and the executioner, although he be the hand of justice, is esteemed no better than an enemy of mankind, and one that lost honesty and humanity in his cradle; Reverend Master Fox was wont to say, that spies and accusers were necessary members in a Commonwealth, and deserved to be cherished, but for his own part he would not be any of that number, or wish his friends to affect such employments; and albeit that the Law permits, 
What men do unwillingly is never done effectually.  and commands every man to apprehend a fellow, do we not see commonly very many content to stand by and look on while others perform that office? likewise it is evident, that if such as are tender of their reputations, be very scrupulous personally to arrest men, for civil actions of debt, they will be more unwilling instruments of drawing their bodies to the Rack or the Gallows, especially when there is any colour of Religion to be pretended in their defence; the diversity of men's faces is great, but the difference of their minds in this case is more variable, wherein the meanest have thought as free as the highest; besides this, there are too many of the blind commonalty altogether Popish, though indeed they make honourable amends for their treason; verily I know not what misguiding of the mind it is, that maketh men forecast the possibility of alteration in matters of Relgion, 
When many tumultuous persons assault, there will be a fray.  and for that respect they are exceeding backward in discovery, and laying hands on Seminaries, yea and are timorous in enacting sharp Laws against them, as those that silently say amongst themselves, 
Sors hodierna mihi, cras erit illa tibi.   
S●me also survive? Who, remember that in Queen Mary's time, the Protestants alleged a Text, that the tares should not be plucked up before harvest, nay shall I speak a bugs word, there is no small number that stand doubtful whether it be a grateful work to cross Popery, or that it may be done safely without a foul aspersion of Puritanism, or a shrewd turn of their labours, at some time or other, by which unhappy ambiguity it comes to pass, that these Animalia Amphibia (the Priests I mean) that prey on the Souls and bodies of either sex, 
Virtue neither praised nor rewarded waxeth cold.  unatached, revel where they list, though they be more seen than a man dancing in a Net; how much fitter were it for us courageously to invite them to our party, by preaching or confuting them by writing, and unto the State wherein we stand, wisely to apply the saying of the Assyrian King to his Soldiers, You are fools (quoth he) if there be any hope in your hearts to redress sorrow by flight, or rather endeavour to make them fly that are the causers of your grief, assuring yourselves, that more perish in flight, then in the Battle, even as many seeking to meet the Papists half way discomfort our own party.   

IX.  
It followeth now (according to the Method prescribed) that an overture be made to get the Jesuits and their shadows the Priests, 
An ill name given to a good thing discourageth men from meddling with it.  into possession; it hath been heretofore recited, that the unwelcome name of a bloodsucker, a busybody, or a Puritan, hath been shrewd Scarecrows unto many honest minds; by abrogating therefore of those or such like imputations many will be stirred up to undertake the apprehending of the adversaries unto the truth, especially when for their pains and time employed, they shall deserve and have the title of good Patriots, dutiful Subjects, 
Wise men do forecast how to do most with least noise.  and zealous Christians; how ready is every common person to carry a malefactor to the stocks, rather than unto the Gaol or execution? and doubtless they will be no less forward to attach a Priest, when they are assured that the worst of his punishment shall be a simple restraint within the walls of an old Castle. A certain kind of people there is, with whom money plays a more forcible Orator's part, than any persuasion of the dutiful service which they owe to the Commonwealth, these men will not be negligent to give intelligence, and also to procure it faithfully; Provided that reward may help to line their threadbare purses, and exempt them from need to sell liberty unto Seminaries; and where assurance of gain is propounded for discovery, what master or housekeeper will trust his servant with keeping of his Priest, or sleep quietly while he is engaged to the danger of a Mercenary? I remember that in Italy it was often told me, That the bountiful hand of Sir Francis Walsingham made his Intelligencers so active, that a Seminary could scarcely stir out of the gates of Rome without his privity, which success by mediation of gold may as readily be obtained from Syvill, ●●●●dolid, Douai, 〈◊〉 Paris, and any other places, and by forewarning given of their approach, they may be waited for at the Ports, and from thence soon conveyed to a safe lodging. But whence shall the stream flow that must feed this bounty? it is a doubt easily satisfied, if some thousands of Pounds out of the Recusants' penalties be reserved in stock, and committed by his Majesty unto the disposition of zealous distributers, who will not be afraid to conclude Perdat fiscus, 
Particular officers must be appointed, what is to all is commonly performed by none.  ut capiat Christus; neither need we seek any further succour to repair decayed Castles, and therein to defray the charge of the Priests, with a sure guard to keep them, than the aforesaid forfeitures that by the Justice of the Law may be collected; which course if every it come happily to be entertained, and that Recusancy cease to be an ignominious prey to the subject, the proceedings for Religion shall be less blamed, and perhaps altogether unjustly accused by any graceless Gretzerus or Cacodaemon Johannes, tincting their pens in Gall and Vinegar; for besides occasion of Calumniation given by suits of that nature, it is evident that many Recusants that would be indicted for the King, and the effecting the Project aforesaid, shall escape without punishment, and be borne out against the power of a private person; begging to no other purpose, 
The service done for the King's proper use, hath his Warrant and Countenance, but when a private man hath the gain, neither reward●●r bearing out can be expected; and by consequence Recusants are free.  than hath heretofore been used: and albeit the penalty be rated at 20 l. a month, yet was it never the Lawmakers intent, that such as were not able to pay so great a sum, should go scot-free, but that according to the proportion of their ability, they should do the penance of their Purses, whereas now if the voice of the people (which is said to be the voice of God) is to be credited, the poorer sort is skipped over, as if they owed no souls to God, nor duty to their Sovereign. A poor Man (saith one) is to be pitied, if he offend through necessity, but if he do amiss voluntarily, he is more severely to be chastised, for so much as wanting friends, and means to bear him out, if showeth that this fault proceeds from presumption.   

X.  
Let us now pre-suppose, that all the whole Regiment of Jesuits of Seminaries were lodged in safe custody, may we then persuade ourselves, that Popery will vanish like a dumb show; I am clearly resolved that though it receive a great eclipse, notwithstanding without other helps the Kingdom of Antichrist will only be hidden, as a weed that seems withered in the Winter, and is ready to sprout out with the Spring. Temporal arms are remedies serving for a time, 
Medicines that work in the spirits of men, are of greater force, and cure more surely then outward Plasters.  but the Spiritual sword is permanent in operation, and by an invisible blow works more than mortal man can imagine. The word of God carrieth this two-edged weapon in his mouth, which is to be used by faithful Ministers of the Church, whom pure zeal, without respect to worldly promotion, or persons, aught to encourage: Of Judges the Scripture saith Estote fortes; and daily we see, that sitting in their judicial seats, God inspireth them with greater courage, than when, as private persons, they are to give their opinions; no less is the power of the Holy Ghost in his servants, 
Speech is the interpreter of the mind, therefore who so useth in Divine matters to speak reservedly, and in a double sense, he will be suspected to have a double heart, and unfit to teach them that trust him not.  that out of the Pulpit are to deliver his Ambassage; let them therefore not be dismayed to speak out plainly, and tell the truth, without running a middle course between heat and cold, unprofitable discanting upon the Scripture, with an Old postile, or for want of better matter waste the poor time shut up in an hourglass, with skirmishing against the worthy Pillars of our own profession: Rumour which is ever ready to take hold of evil, hath raised a secret, though (as I hope) a causeless suspicion, that there should be some combination underhand, by changing the state of questions, to put us in our old days to learn a new Catechism, and when they have brought us out of conceit with the Reverend Interpreters of the Word, to use us then as the Wolves (mentioned in Demosthenes' Apology) handled the Shepherds when they had delivered up their Dogs. Most sacred was that Speech of our gracious King concerning Vorstius, He that will speak of Canaan, let him speak the language of Canaan. How can we draw others to our Church, if we cannot agree, where, and how to lay our foundation? or how may we cleanse the Leprous disease of dissension, which the Papists which are least assured to themselves, 
A good Pust●● is the Physician of the Soul, and aught to apply his doctrine according to the tenderness or hardness of the Conscience▪ for want of which discretion some men's zeal hath done hurt.  and most doubtful of their Salvation, are not ashamed to ascribe unto many of us? I would not have Ministers indiscreet like Dogs to bark against all, whether they know or know them not, I like better the opinion of Aristotle, who adviseth those that stand in guard of a place, to be cursed only to such as are about to endamage the City: If Pursuivants or other Civil Officers, would learn to keep this rule, they might go about their business with much credit. The imagined fear of inviting the Romish Faction by force to deliver their Ghostly Fathers out of Prison, moves me not a whit; for I cannot believe that they esteem them at so dear a price, as they would run the hazard, by freeing others out of hold, to put themselves into their places. Some will say that a man of Straw is a head good enough for a discontented multitude; That the Papists are very chollerique it appears sufficiently by their writings, yet it hath pleased God to send those cursed Cows short horns; that when they should not find a man of sufficiency to serve their turn, 
False miracles and lying news are the food of superstition, which by credulity delude ignorant people  they were fain to do homage to Garnetts straw, forgetful as they are that such stubble cannot endure the trial of fire: But unto us, that aught to be Doers, as well as Professors of the Gospel, let this remain as a memorable Theorem; Religion is the Mother of good order, Good order is the cause of prosperous Fortune, and happy Success in all Counsels, and enterprises, Therefore in what estate soever there wanteth good order, it is an evident Argument that Religion goes backward.   

XI.  
I have ever held it for a kind of Injustice to omit the execution of mean Laws, 
God which is the great Lawmaker, by his Laws prevents sins, to the end punishments may be inflicted on it justly; as to avoid Idolatry, he forbiddeth making of Images; He that cannot live chaste, let him marry, etc.  made to prevent the effects of Idleness, and then to apply main extremity of the sword, when the proling habit gotten by that vice comes to light; no less is the course uncharitable (with pardon for this presumption be it spoken) when we spare them that have no Religion at all, and censure those that can give an account of somewhat tending to that purpose. He that is in misery must be born withal if he speak miserably, and when the child from his mother's breast hath sucked nothing but Popery, a man had need to be angry with discretion if he hear him speak in the voice of a Papist. God calleth some by miracle, but the ordinary means is his Word; if that means in any place of this Land be wanting, of what Religion is it likeliest the people will be? I suppose that few men will gainsay my assertion, that outward sense will direct them to Popery, which is fuller of Pageants than of spiritual doctrine; and what is the cause that after so many years preaching of the Gospel, the Common people still retain a scent of the Roman perfume? the 'Cause is for that the formal obedience of coming to Church hath been more expected than the instruction of private families, 
A man is said to know so much as he remembreth, and no more; and we remember best, what we learn in our youth, therefore if we will be wise when we are old, we must be taught when we are young.  public Catechising is of great use, but the first Elements thereof are to be learned at home, and those things which we learn from our Parents, stick more surely in our minds; what was the cause why the Spartans' continued their Government so many Revolutions of times, without mutation? Histories record, that learning their Country Customs from their Infancy, they could not be induced to alter them; And in this our native soil we perceive, 
Out of Economical Government, the diversity of States grow, & such as a prince's house, is the State of the Commons for the most part: by which reason a Prince may be the Survey of his House, have an aim how the Commonwealth is affected.  that the Common Laws which rely on ancient Customs, are better observed than late Statutes, of what worth soever they be: So doth it fare with the poor people, which being once seasoned with the old dregs of Papism, will hardly be drawn from it, till the Learning of the true Faith be grown to a Custom. I will prescribe no order nor Officers, to effect this; but I suppose that the ancient laudable course, by the Bishop's confirmation, will not be sufficient to fulfil so great a task, the Minister must and aught to be the Principal and immediate hand to give assistance to so gracious a work; and in case any be defective in their duty, the Reverend BISHOPS may take notice thereof in their several Visitations.  
Perhaps it will be thought a hard task to constrain old people to learn the A. B. C. of their Christian belief, 
By the Laws there were Tything men, who gave account for ten houholds: Some such Officers might be good in this case: for I hold the breaking of the breaking of the Sabbath to be the ruin of our Religion.  but how hard soever it be, I hold it no incivility to prepare people of all ages for the Kingdom of Heaven. By the order contained in the Book of Common Prayer, on Sundays and Holidays, half an hour before evensong the Curate of every parish ought to examine children sent unto him, in some points of the Catechism; and all Fathers, Mothers, Masters and Dames, should cause their Children, Servants, and Prentices, to resort unto the Church at the time appointed, there to hear and be obediently ordered, by the Curate, until such time as they have learned all that in the said Book is commanded, and when the Bishops shall appoint the Children to be brought before them, for their Confirmation, the Curate of every Parish shall send or bring the names of those Children of his Parish which can answer to the questions of the Catechism; 
It were fit also that they learned how to distinguish the common grounds of Propery, whereby the Priests deceive poor people.  and there ought none to be admitted to the Holy Communion, until such time as he can say his Catechism, and be confirmed, Many times I have stood amazed, to behold the Magnificence of our Ancestors buildings, which their Successors at this day are not able to keep up, but when I cast mine eyes upon this excellent Foundation laid by the Fathers of the CHURCH, and perceive their Children neglect to build thereupon, with exceeding marvel, I rest almost besides myself, for never was there better ground-plot laid, which hath been seconded with less success: It was not the Bull of Pius Quintus on the Bishop of London's Doors, or the forbearing to hang up Priests that have wrought this Apostasy, but the Idleness and insufficiency of many teachers, 
He that knows not the true cause of an evil, cannot help it but by Change, which is a dangerous guide of a State.  conspiring with the people's cold zeal, that hath been the Contriver of this Webb. Until the eleventh year of Queen Elizabeth's Reign, a Recusants' name was scarcely known, the Reason was because that the zeal begotten in the time of the Marian Persecution was yet fresh in memory, and the late Persecutors were so amazed with the sudden alteration of Religion; that they could not choose but say, Digitus Dei est hic. In those days there was an emulation between the Clergy and the Laity; and a strife arose whether of them should show themselves most affectionate to the Gospel; 
Where good men are afraid to call a vice by the Proper name, it is a sign that the vice is common, and that great persons (whom it is not safe to anger) are infected therewith.  Ministers haunted the Houses of worthiest men, where Jesuits now build their Tabernacles; and poor Country Churches were frequented with the best of the Shire; the Word of God was precious, Prayer and Preaching went hand in hand together, until Archbishop Grindai●s disgrace, and Hatefields hard conceit of Prophesying brought the flowing of those good graces to a still water; the name of a Papist smelled rank even in their own nostrils, and for pure shame to be accounted such, they resorted duly both to our Churches and Exercises; 
●e Schism. Anglicano & vis. M●n. Eccles.  but when they saw their great Coriphaeus Sanders had slily pinned the names of Puritans upon the sleeves of the Protestants that encountered them with most courage, and perceived that the Word was pleasing to some of our own side, they took heart at grass, to set little by the service of God, and duty to their Sovereign.  
Therewith start up from amongst us, 
Some think that if these men's zeal h●d by order been put to employ itself otherways, and a task set them to do some good and memorable thing in the Church, they might have been reform, or made harmless by diversion.  some that might have been recommended for their zeal, if it had been tempered with discretion, who forerunning the Authority of the Magistrate, took upon them in sundry places and publicly to censure whatsoever agreed not with their private conceits, with which gross humours vented in Pulpits and Pamphlets, most men grew to be frozen in zeal, and in such sort benumbed, that whosoever (as the worthy Lord Keeper Bacon observed, in those days) pretended a little spark of earnestness, 
Headstrong Papists are not easily subdued, yet must they not be suffered to grow to a Faction, Discretio pro lege discernere quid sic res▪ must lay the burden in the right place.  he seemed no less than red fire hot, in comparison of the other. And as some fare the worse for an ill neighbour's sake, dwelling beside them, so did it betid the Protestants, who seeking to curb the Papists, or reprove an idle drone, were incontinently branded with the ignominious note of Precisian, all which wound brought plenty of water to the Pope's Mill, and there will most men grind where they see appearance to be well served.   

XII.  
If without great inconveniency, 
Without Reformation in this point. Popery will still increase, but as all virtuous erterprises are difficult, so is this most intricate.  the Children of the Papists could be brought up out of their Company, it were a happy turn, but I find it to be full of difficulty; there is provision made to avoid Popish Schoolmasters, but there is no word against Popish School-mistresses, that infect the silly Infants while they carry them in their arms; 
A wise householder will cast up his reckonings to see what loss or profit he hath made in a year  which moveth me to suppose that the former proposition to examine how Children and servants are brought up, and truly to certify the list of the Communicants and Recusants, will be the readiest means to let his Majesty know the yearly increase or decrease of the Church in every Diocese. And whosoever shall send his Children, or any of his Majesty's Subjects to be placed in Monasteries or Seminary Colleges, or Popishly to be brought up in foreign parts, I think that for punishment both one and the other worthily might be diffranchised of the privilege due to English men, so far forth as any good by the Laws may descend to them, but not to be exempted from the Penalties thereof in the regal jurisdiction of the Crown. I know well that contradiction is odious, and makes a man seem ambitious to be though tmore understanding than others, 
Cuevara Epist. Aure●.  in which case the Spaniard useth only to 〈◊〉 me 〈◊〉 presumptuous, whom he would call fool, if civility would bear it; but in my defence, I hope it shall suffice again to revive my former protestation, that I discourse by the way of Proposition, rather than arrogantly of defining any thing, 
The Law which took immediate notice of an offence▪ gave a quick redress, and corrected the poor as well as the rich.  with pardon therefore may I be permitted to say, that the first easy Law of twelve pence, inflicted on him that could not give a reasonable excuse for his absence from Church on Sundays, was one of the best ordinances that hath hitherto been enacted; but while we sought to make new Statutes, savouring of more severity, we neglected the old, and were loath to execute the new, for it is a certain rule, that whosoever in policy will give liberty, and yet seem to suppress a crime, 
Sharp Laws that stand upon a long process, after a manner seem to dispe●ce with the vice.  let him procure sharp Laws to be proclaimed, which are necessary only for some times, and rare occasions, to be put in execution, but not to be an ordinary work for every day of the week; daily use likewise teacheth us, that it is less grievous to punish by an old Law than by a new, for so much as truth itself seldom gets credit without proof, and it is hard to free the people of suspicion, that new Laws are not rather invented against the particular persons and purses of men, than against their corrupt manners; by force of which reason I am induced to conceive, that the old use of the Church contained in good nurture, 
The allegiance to God ought to precede the temporal obedience, for if the first may be obtained, the second will follow of itself.  and Ecclesiastical censures, will much more prevail to muzzle Popery, than any fresh devises whatsoever; neither do I think it blame-worthy to affirm, that our Cause hath taken harm by relying more on the temporal than the spiritual Arms, for while we trusted that capital punishments should strike the stroke, we have neglected the means which would for the most part have discharged the need of such severity; the Oath of Allegiance is not offered generally to servants and mean people, who if they had taken the Oath, by absolution of a Priest might recoil from it, or change their opinion at leisure, without any ready means to discover their Legerdemain, that Oath I fear will not be often pressed, and to them that shift from place to place, how can it be tendered? the principal Papists now cover themselves in the crowd of the multitude, but if we can discover the affection of the multitude they will easily be unmarked, 
This course will discover more than the Oath of Allegiance, and prevent many from falling off by reason of the quick discovery.  and being singled out rest ashamed of their nakedness (which under correction of better judgement) may be effected, if every new comer to inhabit in a Town, and servants newly entertained, within a week or fourteen days, be caused to repair to the Minister, there in presence of the Churchwardens and other honest men, to subscribe unto such brief and substantial Articles concerning faith and allegiance as shall be according to God's word and justice ordained to distinguish the sheep from the Goats; in foreign Countries every host is bound to bring his guest before an Officer, there to certify his name, with the occasion of his Coming, and intended time of abode in those parts, and in case he stay longer, he must again renew his licence; so curious and vigilant are they also to keep their Cities from infection, 
So long as houses and lodgings in London are let to Papists; the Priests will be received, and from thence shall the Country be infected.  that without a Certificate witnessing their coming from wholesome places, they may not escape the Lazaretto; no less ought we to be watchful to prevent the contagion of our Souls, than the other Nations are of their bodies. Every thing is hard and scarcely pleasing in the beginning, but with time some such course may be readily put in execution, which I propound rather as matter for betterheads to work on, than peremptorily to be insisted on in the same terms; but lest any charge me with temerity, that where I desire to know the multitudes inclination, by the means aforesaid, I satisfy myself with their Parrot's language, pronouncing it knows not what, I think it not impertinent to put them in mind, that heretofore I have required instruction, both precedent and subsequent, 
If we can prevent the increase of Papists, those that now live must either be reform, or in time yield to nature, and then shall a new age succeed of Christians, by education made Religious.  and am ever of the mind, that though all this cannot be done at once, yet it is necessary always to be doing our best; knowing, that not to go forward in Religion, is the ready way to go backwards; it is not the outward obedience of coming to Church, that discovers the inward thought of the heart, it is the confession of the tongue that must utter those secrets, and where the Curates are insufficient, or the Parish great, I wish they had Catechists to assist them, maintained by the purses of the Recusants, which pension being collected for God's cause, will free us of scandal, though it grieved them to pay the spiritual Army waged against their own stratagems; surely by giving them way in petty matters, they are grown to be very masterfull in their party. Plato affirmeth that the popular State proceeded from the Licence which the people took to make immoderate applauses in the theatres, when as by arrogating that immunity without controlment, in presence of their Governors, and perceiving the Nobility to join with them in the same passions, they thought their heads as worthy to govern, as any of those were made out of the same mould: In like manner while we suffer ignorance openly to maintain such petty glimpse of Popery as are thought to be searce worthy to be looked at, 
The br●achers of a bad cause being touched in Conscience, at the first move slowly, but if they prevail they grow tyrannous beyond measure.  in small matters run an indifferent course, which neither makes sure friends nor feeble foes, unawares they take the Bridle from us, and eat out Religion, as it were by an insensible Gangrena: 
Principiis obsta, sero medicina paratur  
Cum mala per-longas invaluere moras.  For by sufferance of breaking small laws people are boldened to set the greater at nought.  
To comprehend all things in a Law which are necessary to the reformation, I neither hold it profitable nor expedient, yet it is discretion to provide for the most important, smaller matters whereof the Laws speak not are to be commended to the discretion of Parents, Ministers and other Reverend persons, who by example and advice may prepare younglings by education and Custom to obey the Laws, especially such as are in high place ought in this behalf to be like Caesar's wife, Non, solum Crimine, 
Most men will affect to be such as the highest Trusts, and Favours.  sed etiam Criminis suspitione vacare, and with such circumspection to behave themselves, that the world may conceive, in requiring obedience to God, and their Sovereign, 
A great man is an Idol in the eyes of mean People, and draws many t● imitate his actions.  that they hold the multitude rather for companions than slaves; If great men take another way, they may seduce many by example, though by words they express not their concealed opinions, T●ce & leq●re said God to Moses, it is the speech of the heart, which utters more than letters, or syllables. And in our common Laws it is held maintenance, when a great person only by his presence countenanceth a cause; neither let us secure ourselves with this argument, The Papists are pliable in small matters, Ergo, they will yield in greater; And because they took no Arms in 88 therefore it were needless curiosity to suspect them now: for who knows not that small baits are used to take the greatest Fish, Vt cum esca una etiam hamus devoretur. Wariness is the sinews of wisdom, and nothing is more dangerous than to be secure in matters of State. 
Few Laws well executed are better than many.  Therefore for the Laws already made, I wish that the most effectual of them which least concern life, may be executed; for better it were not to make them, than by neglect to set them at liberty: Seeing that many offences there are which men would abstain from, if they were not forbidden, but when a strict Commandment is avoided without punishment, thereout springs an unbridled licence and hardly to be reform by any rigour.  
To conclude, I say freely, that whoso endeth his days by a natural death, he shall be subject to many men's dooms for every particular offence; But when for Religion's sake a man triumpheth over the sword, that one eminent Virtue razeth out the memory of other errors, and placeth him that so dieth in Paradise, 
A Crown of Glory once attained, hath power to dispense with former faults▪  (if common opinion may be lawfully vouched) which glory having many followers and admirers, maketh even dull spirits to affect their footsteps, and to sell their lives for the maintenance of the same cause. I need not Envy the name of a Martyr to the Jesuit; for his cause if it be rightly weighed, will blanche that title; but I desire to have all those Lineaments defaced, which may compound that counterfeit Image; in prosecuting of which purpose, if I have failed in my advice, and by confused handling, intricated the question, I humbly request, that a wise man's verdict may mitigate the heaviness of the censure.  
It is neither good to praise bad Counsels, 
He Counsels best, that prefers the Cause of God, and the Commonwealth before any particular.  because of their good success, nor to condemn good Counsels, if the event prove not Fortunate, lest many be animated to advise rashly, and others disheartened to Counsel gravely.  Illi mors gravis incubat qui notus nimis omnibus ignotus moritur sibi. 
August 11. Anno Domini 1613.     

THE MANNER AND MEANS HOW THE KING'S ENGLAND Have from time to time SUPPORTED And repaired their ESTATES.  
Written by Sir ROB. COTTON Knight and Baronet, 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 SUPPORTED AND REPAIRED THEIR ESTATES.  
THe Kings of England have supported and repaired their Estates,  
First, by an Annual proportioning their Issues, and Expenses, with their certain and Casual Revenues.  
And that either by 

Advice of their PRIVY COUNCIL, or  
by PARLIAMENT▪    
Secondly, by abating and reforming the Excess of household, etc.  
Thirdly, by raising of Money, and improving the Revenues of the Crown.  
First, for proportioning of the Issues, etc.  
Henry 4. Anno 12. When the Revenue and profits of the Kingdom, 
Hen. 4. Ex rot. orig. interacta Concil. Hen. 4.  together with the Subsidy of Wool, and Tenth of the C lLergie, amounted to no more than 48000l. of which 24000 marks were allotted for expense of House; most of the rest to the Guard of the Sea, and defence of this Kingdom, the Realm 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 King's debt to them.  
Henry 5, 
Hen. 5. Ex rot. in acts Council. anno 2. Hen. 5. in Fin.  Anno 2. did the like as his Father, entering 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 Realm, together with the charge of the King's House, Chamber, Wardrobe, Garrisons, Navy, and Debts.  
Anno 3. Henry 5. the like Assignments were made proportionable to the Revenue which in the great Custom of Wools, 
Ex rot. orig. an. 3 Hen. 5.  the petty Custom, Tonnage and Poundage, revenue of Wales, and the Duchy 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 
Ex ordinat. anno 9 Hen. 5.  Henry 5. the revenue of the Kingdom amounting to 55743. l. 10. s. 10. d. was so by the King with advice 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, 
Hen. 6. Ex rot. Par. anno 12. Hen. 6. n. 24.  Cromwell then Treasurer, delivering up an Account of the Exitus and introitus of the Exchequer, settled the Estate of his expense, 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. 
Queen Eliza.  At which time besides the Wards and Duchy of Lancaster the profit of the Kingdom was 188197. 
Ex comp. Din Burghley Thesaur.  l. 4. s. the payments and assignments 110612. l. 13. s. of which the Household was 40000. l. privy Purse 2000.l. Admiralty 30000. l. which by an estimate 1. May, anno 1604. was 40000. l. And is now swollen to near 50000l. yearly by the error and abuse of Officers.  
SEcondly, by abating and reforming the Excess,  
1. Of Household.  
2. Of Retinue and Favourites.  
3. Of Gifts and Rewards.  
First, for abating and reforming the Excess of Household, either, by 

Parliament or  
Council Table.    

1. By Parliament.  
Anno 3. 
Edw. 2. Ex Angl. M. S. folio 29.  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'honn●ur de Roy et a son profit, 
Ex libro. Do. Aula Regis.  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 form, and every Officer limited his charge and salary.  
Anno 36. 
Edw. 3. Rot. Pa●l. anno 36. Edw. 3 Rich. 2. Rot. Parl. 1. Ric. 2.  Edward 3. the household was reform at the petition of the People.  
Anno primo Richard 2. the household was brought to such moderation of expense, as may be answerable to the revenues of the Crown. 
Rot. Par●an. Rich. 2. Rot. 4. Parl. an. 5. & 6. Rich. 2.  And a Commission granted at the Petition of the Commons to survey and abate the household; 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 household might not exceed the ordinary revenues of the Realm.  
Anno 4. 
Hen. 4. Rot. Parl. an. 4 7 & 11. Hen. 4.  Henry 4. The People crave a reformation of the King's house. And Anno 7. that he would dismiss some number of the retinue; since it was now more chargeable, but less honourable than his progenitors; and that the Ancient Ordinances of the household, in ease of the people might be kept, and the Officers of the household sworn to put the ordinances and statutes in due execution, and so consider the just griefs of his subjects by unjust Purveyance contrary to the statute. That hereafter vous poiez viure le voz biens propres en ease de vostre peuple, 
Ex Ordinat. in Rot. Act. Cancel. an. 11. H●n ●: marked ●R  which the King willingly doth, as appeareth by an ordination in Council, whereby the charge of the household is limited to 16000 Marks.  
Annis 12. 
Hen. 6 Rot. Par an. 2. 18. Hen. 6.  & 18. Henry 6. The charge of the King's house is reduced to a certainty, and lessened by petition and order in Parliament.  
Anno 12. 
Edw. 4 Ex. rot. Parl an. ●2. Edw. 4.  Edward 4. The King promiseth to abate his household, and hereafter to live upon his own: So settling a new forms his Court which is extant in many hands, 
Ex lib. ordin. Hospitii temp. Edw. 4.  entituled, Ordinations for the King's house.  
And to ease the charge of the King's house, the Queens have allowed a portion of their jointure suiting to their own expense to the Treasurer of the household. 
Rot. Par. an 27. Edw. 3..7. Hen. 4. n. 3. Mich. recep. 27. Hen. 6. n. 9  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 household abated and reform by the Councel-Table.  
Edward 2. 
Edw. 2. Ex Aula Regis fact. temp. Ed. 2.  caused his household to be certain in allowances, making thereof a book by way of ordinance, which is called Aul. Regis.  
Henry 4. 
Hen. 4. Act. council. 8. Hen. 4. marked P. P.  causeth his Son the Prince, and the rest of his Council, to ordain such moderate governance of his house, that may continue au plaisir de Dieu et du peuple.  
Henry 6. 
Hen. 6.  anno 27. reduced his charge of house to 12000. l. whereof 2000 l. was out of the Queen's jointure.  
Edw. 4. 
Ed. 4. Ex lib. ord. tem. Ed. 4  anno duodecimo reformeth it again, and publisheth a book of orders for their better direction. 
Ordinat. Car Woolsey Hen. 8.  Which after Cardinal Woolsey for the more honour and profit of the King amendeth, and that still remaineth the groundwork of the present government: Which being now so much corrupted, it may seem fit, either to put down the Tables, and leave all attendants to allowance of money, as France and Spain doth, or else ●y setting up the Hall again, reduce the household to the best, first, and most magnificent order. So all things being spent in public, will be to the King's honour, and the secret waste by Chamber, diet, and purloining, prevented to the King's benefit. For there is never a backdoor in Court that costs not the King 2000 l. yearly, and few mean houses in Westminster, that are not maintained with food and firing, by the stealth of their Court-Instruments.   

By abating and reforming the excess of Retinue and favourites.  
Thus did Henry 2. 
Hen. 2. Ex Gervas'. Doro. bern.  with William de Ipre Earl of Kent, a Netherlander, and all his Countrymen and followers; when they grew heavy and a burden to this State, unable to foster more than her own natural children.  
Thus Richard 1. 
Rich. 1. Ex Richardo canonico in vita Rich. 1.  did with Otho Earl of York, and all the Bavarians, although he was the son of his Sister, taking from him that Earldom, for that the People opposed it, and giving him in exchange the title of Poictife.  
Thus Henry 3. 
Hen. 3. ex lib. Sect. Albani & Wil Rishang. & lit. Baron. Papae.  did with his half-brethrens the Earl of Pembroke, and the Bishop of Winchester, and all the Poictons theit followers.  
Thus did Edward 2. 
Edw. 2. Ex ordina. 3 Ed. 2. in li. legum manuscript fol. 285.  by this Ordinance, Que tout le lineage Sire Pieres de Gaveston soit entirement ouste de estre entoines le Roy et de son service. Item Burgois de Till soit ouste et son fias que est mereschal del' Exchequer. Item que Bertram Assabi et son Frere et ceux de Gascoigne, et Aimyrick de Friscomband soint oustre et ses terres prizes en le main le Roy.  
Thus Richard 2. 
Rich. 2. Ex rot Parl. an. 10. Rich. 2.  did with the Bohemians anno 10. by an Act of Parliament at the petition of the people surcharged.  
Thus Henry 4. 
Herald 4. Ex rot. Par. an. 7. & 1●. Hen. 4.  did likewise with the Gascoignes and Welch overburthening and impoverishing the King and Realm with perpetual suits, so that in Courts (as the Record saith) there were ne add mill substance des personnes vaylantes et suffesants: Si Besoigne seroit mes de Rascaile pur la grendre part.   

By abating and reforming the excess of Gifts and Rewards.  
Hence was it that the wisdom of former time, 
Rich. 2. Rot. Par. an 21. Ri 2. an. 2 4 & 5. Hen. 4. n 9  foreseeing the mischief that the open hand of the Sovereign may bring, the State made a Law 21. Richard 2. that whatsoever cometh to the King by Judgement, Escheat, Forfeiture, Wardship, or any other ways,, shall not be given away, and that the procurer of any gift, shall be punished.  
This the Parliament continued 7. Henry 4, 
Hen. 4. Rot. Par. an. 7. H.  until the King were out of debt, making frustrate the grant, and ordaining a penalty of double value to every mover or procurer of any such.  
The like anno 11. 
Rot. Par. ann. 11. H. 4. n. 23.  Henry 4. And that no petition for any thing should be delivered the King, but in the presence of the Council, who might examine it, lest the King's wants should light upon the Commons.  
And to keep the hand of Henry 6. 
Hen. 6. Pars. Parl. 2. an. 25. Hen. 6. m. 24.  from wasteful giving, the Council induced him to convey to the Arch Bishop of Canterbury and others, all profits, by Wards, marriages, reliefs, escheats and forfeitures, to defray the charge of his house.  
It is one of the greatest accusations against the Duke of Somerset, 
Ex rot. Parl. an. 28. Hen. 6.  for suffering the King to give away the possessions and profits of the Crown in manner of a spoil: for so are the words of the Record.  
And it was made the first and chiefest Article to depose Richard 2. 
Rich. 2. Ex rot. Par. an. 1. Hen. 4  for wasting and bestowing the lands and revenues of the Crown upon unworthy persons, and thereby overcharging the Commons by exaction.  
THirdly, Raising of money, and, improving the Revenues of the Crown.  
Either by the 

Grant of the Subject, Or  
Power absolute in the Sovereign.    
1. Grant of the Subject, which is 

General, as in Parliaments, Or  
Particular by Lones 

Compulsive Or Benevolent.      
General, 
Ex lib. rub. in Secto  as in Parliaments, wherein they give the King part of their own, by way of Retribution only; as   

For Defence of the State.  
Hence grew the Scutage granted to Hen. 
Ex Jo. Eversden.  2. Richard 1. 
Ex hist. Roffens.  John, and Henry 3. to Edward 1. divers Fifteen and Tenths for his wars against the Scots and Welshmen. 
Ex rot. Parl. temp. Ed. 3. Ex rot. Par. annis. 2, 3, 5. Rich. 2. Rot. Parl. 8, 9 Hen. 4.  The Subsidy of Wools and other Contributions to Edward 3. for his Wars: And the like granted to Richard 2. annis 2. 3. 7. so they may be employed in the Wars: and particular Treasurers to account in Parliament. So in the 8. and 9 of Henry 4. on the like condition.  
Tonnage and Poundage begun the 45. Edward 3. had hence its original; and therefore 13. 
Ex Rot. Parl. an. 13. Hen. 4. & 1. Hen. 5.  Henry 4. and 1. Henry 5. they are granted so in express words; and that they proceed of goodwill, and not of duty. Precedents of this nature are plentiful in all the Rolls.   

For maintenance of Religion and the Church.  
As in the Year 1166. to Henry 2. was given twelve pence in the pound: 
Ex Benedict-Monacho in vita Hen. 2. Ex Adam. Merioneth ex Rot. Par. anno 4. Rich. 2.  and in the 18. Edward 1. a fifteenth was granted to expel the Jews. And Anno 4. Richard 2. a tenth of the Clergy, and a fifteenth of the Commons, for his help to suppress the Wicklivian heresy.   

For support of the Laws and liberty of the Commonwealth.  
So did the State to Henry 3. 
Ex Rad. cogshal. Ex hist. Roffen. Rot. Par. an. 23. 3 & 7. Hen. 4. Ed. 1. 13. Ed.  anno 27. for confirmation of the great Charter, for the like anno 15. was granted 29. Edward 1. and 13. Edward 3. and 7. Henry 4. That the Laws may be executed against Purveiors.   

For redress of the Aggrievances.  
As in the 15. 
Rot. Par. anno 15. Ed. 3. n. 16.  Edward 3. so that the King would perform their petitions, or else they held themselves not bound to pay the ninth they had given.  
The like was the 7, 
Ex rot. Par. an. 7 8, 9, 10. 11. Rich. 2. Ex rot. Par. an. 4. & 7 Hen. 5. rot. Par. 7. Edw. 4.  8, 9, 10. and 11. Richard 2. The 10. and 15. granted the 4. and 7. of Henry 5. is upon condition, that the King laid no impositions upon the State. And 7. Edward 4. the State releiveth the King, so he will promise to live hereafter upon his own, and not burden the State, the which he there protesteth to perform.  
And it is to be observed that to improve the grants of Subsidies to the extremest 
Ex original.; an. 3 Rich. 2.  value, there were new Commissioners appointed to survey and advance men's fortunes above the estimate of the former taxes, and Commissions have been granted out, as 3. Richard 2.   

Or to enable him out of his own by an Act of Resumption of Lands, offices, annuities.  
Thus did Henry 3. 
Rot. ordinat. an. 5. & claus. an 9 & 10. Edw. 2. Rot. Par. an. 1. Rich 2. Rot. Parl. an. 1, 2, & 6. Hen. 4.  anno 6. and Edward 2. anno 5. to 9 & 10. by an ordination of the Prelates, Earls and Barons.  
All grants made by Edward 3. to unwornthy persons, Richard 2. resumed anno primo, and by Henry 4. anno. 6.  
All Patents for life or years since 4. Edward 3. were resumed.  
At the petition of the people Hen. 
Ex Rot. Par. an. 1. & 2. Hen. 5.  revokes all grants out of the principality made to unworthy persons, and all annuities out of the customs of wools, deducting out 10000 l. a year out of all other annual pensions ratably, leaving the remain, if any, to the Pattentees.  
Hen 6. 
Rot Par. anno 28, 29, 3. Hen. 6.  annis 28. 29. 33. resumeth in England all Lands, offices, liberties and grants from annis primo, and the like anno 21. in Ireland.  
So did Edward 4 annis 4. 
Ex act. Cons. an. 21. Hen. 6. Rot. Par. an. 2 Hen. 7.  7. 12. And Henry 7. anno 2. resumed all grants made by Edward 4. or Richard 3.  
Particular by 

Lones Or  
Benevolences. 

Voluntary, Or  
Compulsive.       

First upon Lones voluntary, as upon assurance of Bond of the Nobility.  
So was William de la Poole bound for Edward 3. 
Rot. Parl. an 13 Ed. 3. act. concil. 20. 22 Hen. 6.  anno 13. in great sums, and the. Duke of Gloucester anno 20. Henry 6. and the Cardinal pawned Ws silver Vessels for Henry 6. debt.   

Upon pawn of Jewels.  
Thus did Henry 3. 
Claus. an. 26. Hen. 3.  anno 26. to the Archbishop of York, and when his own were at gage, he took Aurum et Jocalia faeretri sancti Edwardi Confessor. and pawned them.  
Edward 1. 
Clau. 29. Ed. 1.  employed one Andevar ad jocalia sua impignoranda.  
Edward 2. 
Rot. fran. an. 9 Edw. 2.  pawned his Jewels to the Lord Beaumond.  
Edward 3. 
Comune insc. 30 Edw. 3.  pawned Magnam Coronam Angliae to Sir John Wessingham for 8. years.  
Richard 2. 
Parl. anno 7. Rich. 2.  pawned vasa aurea et diversa jocalia to Sir Robert Knolls.  
Henry 4. Invadiavit tabellam et tresellas suas argenteas de Hispania.  
Henry 5. 
Parl. anno 5. Hen. 5.  pawned his great Crown to the rich Bishop of Winchester.  
Henry 6. 
Par. an. 10. 12. 29. Hen. 6.  to the same man then Cardinal pawned many parcels of his Jewels in the 10, 12. and 29. of his reign, and the like to many others.  
And the late Queen to ease her people did the like with her Jewels in the Tower, besides the often mortgage of her land.   

Lones voluntary upon Assignments of Customs and Subsidies.  
So did Cardinal Beauford lend 10000 
Act. council. an. 22. Hen. 6.  l. to Henry 6. anno 22. upon security of the Customs of London and Southampton, the King indenting to turn the course of most trade thither. 
Ex billa sign. an. 15 Hen. 6. & 12. Edw. 4.  And Henry 6. anno 15. and Edward 4. anno 12. did secure their debts by assignment over of the next Subsidy or aid that shall be granted from the Church or Laity to them, being a devise in truth to draw on a supply the sooner from the State.   

Lones voluntary upon the Great Seal or the Privy Seal.  
The Great Seal, under which they should have without paying Fee a Patent sealed for repayment of their deuce by a day certain. 
Rot. original. an. 33. Hen. 4. marked B▪ B.   
The Privy Seal, which is of late the most in use; and it is worthy of observation to see the willingness of former times in respect of these.  
In the 13. 
Rot. act. conc. 13. Hen. 4.  of Henry 4. there is a Roll entitled les nomes de ceux que ont da prester an Roy les somnes escrits. The Archbishop of Canterbury lent 1000 Marks, the Bishop of Lincoln as much, 
Rot. act. council. 13. Hen. 4.  the Bishop of Norwich 600. l. the Bishop of London 500 Marks, the Bishop of Bath 400 Marks, the Lord Privy Seal 200. l. the Clerks of the Chancery 1000 Marks.   

Particular Grants of the Subject by Lone compulsive.  
So were the Merchants of Florence, 
Ex ordinat. Concil. an. 3. Hen. 5. marked N. N.  Venice and Luke, compelled by an order in Council 3 Henry 3. because they had by grace et sufferance du Roy grants, privileges et reportants grand lucre pour le exercise de leur Merchandre en le Angle terre. And the persons that refused to lend were committed to the Fleet, neither were the English more free, in anno 30. Henry 6. divers being enjoined to attend the Councel-table, or else to pay the demanded Loan.  
In the time of Henry 8. 
Ex instruc. Comiss. 14. Hen 8. Ro● Parl 12. Rich. ●.  anno 14. of his Reign he exacteth by way of Lone, ten pounds in the hundred of all goods, jewels, utensils and land, and according to the extremest rate revealed by Oath of the possessors. Notwithstanding there is a Law 2. Richard, 2. that none shall be denied in demand of any Loan, his reasonable excuse.   

Particular Grants of the subjects by contribution or Benevolent gifts.  
These were of old usual and free, 
Ex Charta Episcop. Cant. Ro. claus. 29. Edw, 1. claus. 35 Edw. 3 Ex insruct. original 20. Hen. 6.  and therefore called Liberalitas populi, by Richard 1. and Curialitas, by Ed 1. Ed. 3. Henry 4. and Henry 5. confessed to proceed ex spontane voluntate, nec de jure vendicare potest. Yet did Henry 6. anno 20. in an instruction to Commissioners employed in procuring a Benevolence, say, that for so much as by the Law he might compel all his Subjects, and at their own charge to attend his; yet he was contented to spare such as would but contribute as much after his degree and reputation as two days in his personal service would stand him in, thereby implying a necessity in them to give, to escape a further expense.  
This Law, 
Ex act. Pa●l. an. 3. Mariae.  upon which Henry 6: grounded himselfa was by a Statute in Queen Mary's time repealed. And that since repealed this last year, hath made are reviving of the former, whereby the King is readmitted into his old advantages, and the subject in the former mischief. 
Ex instructione original. 17. Hen. 8.  And Henry 8. anno 17. Although he entitleth the benevolence he sought with no other stile then an amicable grant, yet he threatened the refusers with convention before his Council, imprisonment, and confiscation of Goods.  
THe Kings raise money, and improve and revenues of the Crown, By power absolute in the Sovereign, in disposing, 

1. Lands,  
2. Merchandise.  
3. Regalities.    
1. Lands, as by selling; which hath been often the old, if they were not of the Ancient demeasne-land, which our forefathers held impious to alienate from the Crown, and those were such Lands as go under the title of Terra Regis, 
Lib. doomsday.  in the Book of doomsday, and were the Lands of Edward confessor: of other Lands I never observed question, neither do ever find that Acts of Resumptions ever reached to Lands that were sold for valuable consideration.  
By passing in Fee-farm, except places of the King's Residence, Parks, spacious Wastes or Forests, all the Lands of the the Crown, which remain either in the annexation, custody lands, or Queen's jointure, and exceed not yearly 32000. l. These, although largely estated out in several natures, some for lives, some for years, will one with the other be advanced to a treble rent, which amounting to 96000. l. leaving an annual improvement of 64000. And if the offer be not made restrictive for the new Tenant, there is no doubt but his Majesty shall find ready and hearty undertakers amongst the Gentry and Nobility too, who have any place of Residence near any his Majesty's Manors; and the King's security the better, since their abilities will settle the Pre-farm rend upon more Land than the purchase.  
If any shall object against this, a loss by Fines and Profits of Courts, a prejudice in not serving necessity (as of late) by sales or diminution of Regalities in seizure of so many Royalities. It may be answered to the first, that the casual profits of Courts never defrayed to the present Officers their fees and expenses; and this appeareth from a collection made the 44. year of the late Queen, where the total issue of such certain charge exceeded the receipt of such chances above 8000. l.  
To the second, if looking upon the several rates of the King's Lands, exposed to Fee-farm sales, we find some at 50. other at 21. years as to the late contracters, and make out of these extremes a medium of the largest 40. years, and set on the other side the Common and current estimate for dead Rents 15. years' purchase: We must find, that 50 l. Land sold un-improved respectively to the like trebled by a Fee-farm, will be 250. l. loss to his Majesty in the sale. As for Regalities, though it may add somewhat to a Subject, in increasing such his petty command, it can nothing to a Sovereign, whose transcendent power drowned in it all such subordinate dependences & regards. But if we consider besides the former improvement, the increase of casual advantage, and diminution of certain charge, we shall have just cause not to continue this course; for if the Commissioners in this business, may be ordered by instruction to reserve upon every Manor of above 30. per Annum, a tenure in Knight-service by half a Fee, and of above 50. l. in Capite by an entire Fee, and of the purchase to pay his Rent into the receipt himself half yearly, and strike there his Tally: the former will advance the revenue accidental of the Crown in Wardships, premier seisin, alienation and aides; and the latter cut off at once so many their unnecessary Receivers, Auditors, Stewards, Bailiffs and Clerks, as stand the King in yearly above 12000. l. As for other deuce or casual Revenues, which now fall under the charge of these Officers, the Collection and payment may be as it hath been with the rest from the time of Henry 2. until of late days laid on the Sheriffs of the Shire, and all the accounts left to the 2. Auditors of the press to draw up, and Clerk of the Pipe to enter in Magno rotulo as in former time, for it must seem strange to all men of judgement, that it should be with those Officers (who had their beginning but since the 25, year of Henry 8. by addition of his new revenue of 150000. l. from the suppressed Monasteries) otherwise then with all things in nature, and reason, Cessante Causa cessat effectus, not to be discontinued, when as all Crown-annexed lands that gave them their just employment, are for the most part passed from the Sovereign into the subjects possession.  
Besides this of the general disposing in Fee-farm, there hath been a project in particular to infranchise the Copy-holders' in the several Manors, which I should hold to be of more prejudice to his Majesty then the others, bringing with it all the former inconveniences, loss of Fines, Regalities, and advantages of sale, and being without many of the advantages, as Wardships, Primiers Seisein, alienation and aids; for no man will buy quillets but in soccage, and discontinuance or Officers, who must still remain, though they can bring the King but little benefit.   

King's raise money, and improve their Revenues, by Farming out for years, Lands, casualties, or wastes.  
As in the 7. 
Rot. Parl. an. 7. Hen. 4.  Henry. 4. the State held it more just to help the King out of his own, then to burden the Commonwealth, and therefore gave way by Parliament to the King to improve up his Lands, though in Lease provided that the Leassee should have refusal of the bargain if he would. 
Rot. fin. an. 2. Edw. 2. Rot. ●arl. an. 15. Edw. 2.   
Edward 1. anno 2. granted a commission to farm out all such wastes, Quod absque iniuria alterius fieri potest. And in anno 15. asserted a great part of his Woods for rent, and disafforested in most Counties of England for a sum of money they gave him.  
And it was not the least of charitable thrift in the King, 
Rot. claus. an. 7. Edw. 2.  to reduce much of his waste to habitation of Christians, especially the remote Forests, which would increase many thousand Families for his service, and bring many thousand pounds to his Coffers.  
But in the carriage of this business there must be much caution to prevent commotion, for in them there are many that have right of common sans nombre. And the resolution in agreement with them must be sudden, and confident, for multitudes are jealous and inconstant. And the instruments to effect this, must be such as are neighbours, interessed and popular, not strangers; And the first demise to the inhabitants, and at under and easy values.   

King's raise money, and improve the Revenues of their Crown, by manuring of Lands.  
Thus did Henry 3. anno 13. in removing out of most of his Parks as Gillingham, 
Rot. claus. an. 13 Hen 3. memb. 10.  Brigstock, Cliff, Woodstock, Haverel, etc. all men's Cattle pro bobus, pro Lardaria Regis in Parcis praedictis impinguendis.  
And Edward 1. 
Rot. fin. 2 & 3 Edw. 1.  commanded all the Escheators in England. Excolere seminare & appropriare ad maximum Regis proficuum ownes terras, quae regi & coronae suae devenerint per mortem aliquorum vocationem Episcopatium, etc.  
KIngs raise money and improve the Revenues of their Crown By Merchandise 

1. Trading themselves.  
2. licensing others to trade in Commodities,  
3. Improving Customs. 

Lawful or unlawful.       

1. Trading themselves.  
Thus did Edward 1. 
Rot. valcon. 22. Edw. 1.  anno 22. seize into his hands all the Wools in the Kingdom, as the Merchants were lading them in the Ports, giving them security of payment at a long day, and a short price, and then transporting them to his own best and readiest sale.  
Thus did Edward 3. 
Rot. Alinaig. 12. Edw. 3.  anno 12. with all the Tin.  
And Henry 6. 
Act Concil. an. 10. Hen. 6.  anno 20. by advice of his Council took up by way of purveyance great store of Grain, and transported it into Gascoigne, where by reason of a dearth, the price was extreme. In anno 31. he arrested all the Tin in Southampton, and sold it to his own present use: and in the year following using the advantage of the Statute, which bound all men to trade the staple Commodities to no other place but Call●ce, vented himself many Sacks of Wool to other Ports of better advantage.  
And the late Queen anno 1567. 
Warrant. sub private. sigil. an. 9 Eliz. Reginae.  causeth by warrant of Privy Seal a great proportion of Beer to be purveyed, transported and sold to her use beyond the Seas.  
KIngs raise money and improve the Revenue of their Crown  
By licensing others to trade Commodities. 

Lawful Or  
Unlawful.     

1. Lawfully, but solely.  
Thus did Henry 6. 
Rot. Parl an. 29. Hen. 6. n. 15.  by approbation of Parliament, with all the trade of Allome, for two years granted to the Merchants of Southampton for 8000. 1. And again for the like sum to those of Genua.   

2. Unlawful or Prohibited.  
Thus did many of the Kings, 
Rot. claus. an. 19 Hen. 3. Rot. Parl. 15. Rich. 2.  (after such time as the heavy burden of imposition began in the miserable necessity of Henry 3. called then by no better name than Maltolt) and continued until the 15. year of Richard 2. by divers intermissions, for than I find the last petition of many in Parliament against it, was altogether taken away. For when Richard 2. and his Successors found the Revenue lessened, by the importunate cry of their People, whereby impositions were laid aside, they began to advise another supply out of the unbounded power of supposed prerogative, and finding a greedy desire of one Merchant to prevent another of his market (restrained by that Act or Statute, which tied them to one time, and to one Port Callaice, for all staple commodities) they used to sell Licences with a clause of Non obstante of any statute, whereby they dispensed with multitudes, to trade with what commodities and to what places they would.  
To the Merchants of Newcastle Richard 2. 
Ex billa signat. an. 20. Rich. 2.  gave leave to carry woolfells etc. to any other Port besides Callaice, upon condition that they should pay for them Custom and Subsidy according Le sage discretion de vouz ou de vostre sage council.  
To divers Citizens of London, Henry 4. in the like sort dispenceth for great quantity of Tin for seven years, paying 400. 1. yearly above the usual Custom.  
Henry 6. 
Ex petit. an. 5. Hen. 6.  annis 5. 21. 30. reneweth to the Town of Newcastle the same licence they had anno 20. Richard 2. and granteth 600. sacks of Wool to Benedict Benoni Merchant of Florence, 
Ex act. Concil.  with non obstante any statute or restraint: In this year such Licences were so frequent, that the Town of Callaice complained in Parliament of their decay thereby; yet without relief as it seemeth. For the same King anno 36. giveth leave to Laurence Barbarico to transport from London to Cicester 12000. sacks of Wool to what Ports he list: And Edward 4. anno 10, borrowing 12000, 
Ex billa original. an. 10. Edw 4.  l. of divers Merchants, permitteth them non obstante any Law to carry any staple commodities to the Straits of Morocco until they were satisfied their sum.  
Henry the 7. raiseth much money, by giving leave to many Merchants to trade inward and outward Commodities prohibited, 
Ex lib. comp. inter Hen. 7. & Dudley.  as to Alonso de Burgues great proportions of Ode Anno 6. and to a multitude of others all kind of grain and other forbidden things, as in annis 20, 21, 22.  
KIngs raise money and improve the Revenues of the Crown, by improving customs.  
By 

1. Farming out of Ships.  
2. Raising the book of Rates.  
3. Farming the Customs.     

1. Farming out of Ships.  
To the Merchants, and taking security of them, either to bting in or carry out yearly as much Commodities, as shall yield the King in Customs the sum agreed on, or else to make it up out of their own money.  
Thus did Henry 7. 
Ex lib. Hen. 7.  many years, not only with his Ships, but with divers stocks of money.   

2. Raising the Book of Rates.  
This was in some sort done Consensis Mercatorum by Edward 1. 
Rot. Almaign. 3. Edw. 3 Rot. claus. 29. Ed. 1. Ex tract. Bruxelles.  and Edward 3. and again in Henry 8. time, of which the house of Burgundy complained, as against the treaty of intercourse; and of late so stretched, as it is feared it will prove the overthrow of trade: neither do I find this course at any other time.  
As a branch of this, may aptly fall out the benefit Princes made by a prerogative power of imposing inward and outward upon Commodities, over and above the ancient Custom of Subsidy. The first that used this course after the Statute was settled, from a King of voluntary government after the Conquest (when as Kings ruled more by the edge of the Sword then by rule of Law) was Henry 3. 
Magna Charta 30.  about the entrance of his Reign; But finding it to be an apparent overthrow of Commerce and Trade, and against the great Charter; made proclamation anno 16. 
Dor●. clau. an. 16. Hen. 3. n▪ 20.  in all Ports of England that all Merchants might come faciendo rectas et debitas consuetudines, nec sibi timeant de malis toltis, for it had no better name than Maletolts. 
Statut. an 25. Ed. 1.   
Some impositions being laid by Edward 1. he in anno 25. taketh them away, with promise that neither he nor his Successors should do any such thing without assent of the Parliament, 
Rot. Parl. 31. Edw. 1. cap. 1. & 2.  granting in anno 31. to the Merchants many immunities, as release of prisage, for which they requite him with some increase of Customs, but not as imposed by his own power: For he in anno 34. declareth that no tallage or aid should be levied without the assent of Parliament, nor nothing to be taken of Wools by colour of Maletolt.  
In Edward 2. time, it appeareth that levying of new Customs and raising of old, was the destruction of Traffic, and therefore repealeth all Maletoltes, only in anno 11, 12. 
Rot claus. an. 11. Edw. 2.  taketh by way of Lone, and with leave of the Merchants, some former increase upon Wools, ascribing nothing to any supreme power to impose.  
The like did Ed. the 3. 
Rot. fin. 1. Ed. 3. Statute 2. Ed. 3. cap. 9 Rot Par. 6. Ed. 3. tat. 11. Ed. 3. cap. 1.  anno 1. confirming in anno 2. the great Charter for free traffic: but having about anno quinto granted certain Commissions for a new kind of raising tallage, the People complained the year following, whereupon he repealed the said Commissions, and promiseth never to assess any, but as in time of his Ancestors. After in anno 11. by reason of a Statute than made (restraining all men upon pain of death for transporting any Wools without licence from the King and Council) Edward the third made great advantage by selling of Dispensations of that Law, and grounded upon it many impositions; but it grew so heavy upon the People, 
Ro. Almaign. 12. Edw. 3. memb. 22. indors.  that their discontentments so far increased, that the King was enforced to cause the Archbishop of Conterbury to persuade them to patience by his Godly exhortations, yet notwithstanding he continued by gentle intermissions the advantage he had by that late undecimo, taking an improvement of Custom for opening the passage that thereby was shut in anno 13. 
Stat. 1●. Ed. 3. Rot. Parl. 1. Edw. 3. Stat. 14. Edw. 3.  until the same year the State made purchase of their former freedom, and discharge of the Malotolt, by granting the tenth sheaf and fleece etc.  
And thus it continued all his reign, being a time of great necessity and expense by reason of his Wars, he sometimes taking an advantage either to raise an imposition, or else to gain aid from the People in discharge thereof, they continually urging the injury in barring them their birthright: And the King on the other side the greatness of his own occasions, and it may be gathered by Record, that thus it held on until the 15. Richard 2. in which year is the last petition against impositions, generally grounded in likelihood from the King's power in restraining or permitting trade all the time after; 
Licencegranted by Henry 4. Henry 5. Henry 6. to many Merchants with non obstante any statute.  though licences with non obstante were ordinary, yet were they to private persons and for particular proportions of Commodities, whereby the Kings succeeding raised no less benefit than by sale of any general permission. To this of imposition I may add the rule I find, anno 12. Henry 6. 
Ordinat. Council a. 12. Hen. 6.  made in Council, that the value of all goods for the payment Subsidy, shall be rated of Commodities domestic as they may be sold between Merchant and Merchant: And if foreign, then so it shall appear upon Oath of the Merchant or his Factor, they stood them in at the first; 
Merchants.  and the general Maxim which limits all regal advantage upon trade of Merchants is, ut Causa honesta sit et necessaria, ratio facilis, tempus idoneum.   

3. Farming out of Customs.  
So did Edward 3. with the new and old Customs at London for 1000 
Clau. anno. 5. Edw. 3. Original. 17. Edw. 3 rot. 2.  Marks monthly to be paid unto the Wardrobe. The like he did anno 17.  
Richard 2. anno 20. letteth out for term of life the Subsidy of Cloth in divers Countries.  
And Edward 4. anno 1. the subsidy and usuage of Cloth.  
Thus did Henry 8. with his Customs, and since his time, the late Queen, and our now Sovereign Master; and it was so then in use in the best governed State Rome, which let out portions and decim's to the Publicans.  
KIngs raise money, and improve the Revenues of the Crown.  
By Regalities; 

1. Temporal, as for 

Liberties.  
Penalties of Laws,  
Letters of Favour.    
2. Mixt.     

Liberties.  
In granting, restraining or renewing them. It is a course usual, that Kings have raised in money by calling in question the Charters and Liberties of Corporations, Leets, Free-Warrens, and other Royalties.  
Thus did Richard 1. 
Ex Rod. cogshal.  proclaiming, Quod omnes chartae et confirmationes, quae prioris sigilli impressione roberaverint, irritae forent nisi posteriori sigillo roborentur.  
And Henry 3. anno 10. enjoined all qui suis volebant Libertatibus gaudere, ut innovarent chartas suas de novo Regis sigillo, getting money thereby.  
Edward 1. by divers Commissions with articles (called Articuli de Ragman) annexed to them, 
Rot. Ragman. an. 7 Ed. 7. Rot. Quo warranto 8. Ed. 3.  called in question about anno 70. all the liberties and freedoms of England; Gilbert de Thorneton his Attorney putting information by Quo warranto against all persons, as well bodies Politic as others; whereby they were enforced anew to renew their Charters and Fines for their Liberties.  
The like was in anno 13. 
Rot. Warranto 13 Edw. 3.  Edward 3. in whose time anno 9 all clauses of allowances by Charter of Amerciaments, Fines, etc. imposed by the King's Ministers upon any of the Tenants, of other men were adjudged void, and the penalties made payable to the King's Officers, unless they made a new purchase of their Liberties. And this was one of the usualest and easiest means to raise money from the People; because it lighteth only upon the best abilities. And if there were now but 20. l. taken of every Corporation; of every person that holdeth by Charter his Liberties 5.l. for renewing them: and of every one that claimeth by prescription 10. l. for purchase of a Charter, all which would be easy and acceptable, it would amount to above 100000. l.  
For penal Laws that have been sometimes but with ill success wrought upon.  
When Richard 2. 
Instructio original. 22. Rich. 2.  anno 22. begins this course, appointing in all his Commissions and instructions, Bushey only to be of the Quorum for compounding with the Delinquents, it wrought in the affection of his People such distaste, that it grew the death of the one, and deposition of the other.  
No less fatal was the like to Empson: 
Process con. Dudley an. 1. Hen. 8.  and there is no string will sooner jar in the Commonwealth than this, if it be generally touched.   

For Letters of Fav●●●.  
Either for mitigation of dispatch of Justice.  
Of the first sort there be many found in Henry 6. and Edward 4. time, sometimes of protection, although by course of the Common Law none are warrantable but to such as are going in obsequium Regis, or ibidem moraturi, sometimes freeing men from Arrests by calling them up to appear before the King's Council: Sometimes in causes highly criminal relieving the Prisoner, in commanding the Judges to make stay of all proceeding upon supposal of indirect practices until the King was better informed.  
Of the second sort there are many in Henry 7. time, 
Lib. aquitanc. inter Hen. 7. & Dudley.  where the King hath taken money for writing to the Judges of Assize his Letters of Favour.   

For Offices.  
Thus did King John with the Chancellor-ship, selling it for term of life to Grace for 5000. Marks: divers offices now in the gift of the Master of the Rolls were engaged to the Chancellor and Treasurer of England, as are to be found in Record of Henry 4. Henry 5. and Henry 6. to be passed by warrant of the King's hand, and upon some consideration. And Henry 7. renewed this course, using Dudley as his instrument to compound with Suitors of those and any other places.  
And by that Record we find the Chancellor, the Chief Justice, the Keepers of most of the Records, the Clerks of the Assizes and Peace, the Masters of his Game and Parks, and what else carrying either profit or reputation, paid to the King some proportion of money for their places. Neither is this different from the course of other States. For in France Lewis 12. 
Emilius in vita Lewis 12.  called the Father of his Country, did so with all Offices not being of Judicature, which his Successors did not forbear. In Spain it is usual, and Vasqui the Spanish Advocate defendeth the lawfulness of it: 
V●s. cap. 40. ex instructione Caroli 5. to Ph. l. 2.  And Charles the fifth prescribeth it to his Son, as a rule in his last instruction, drawing his ground of reason and conveniency, from the example and practice of the See at Rome. The like might be of all inferior promotions that are or may be in the King's gift, whether Ecclesiastical or Temporal, if they were after the true value in profit and reputation listed into ranks, according to the several natures of their employments respectively.   

For Honours.  
And that either by Power legal or Election.  
Of the first it is only in respect of Land, whereby every man is to fine when the King shall require, that hath ability to be made a Knight and is not, of this sort there be plenty of Examples.  
The other out of choice and Grace, as Hugo de Putiaco Bishop of Durham, was by King Richard 1. created Earl of Northumberland for a great sum of money: And I doubt not but many of these times would set their ambition at as high a price. And for his Majesty now to make a degree of honour hereditary, as Barronets, next under Barons, and grant them in tail, taking of every one 1000 l. in fine, it would raise with ease 100000. l. and by a judicious election be a means to content those worthy persons in the Commonwealth that by the confused admission of many Knights of the Bath held themselves all this time disgraced.   

For the Coin and Bullion.  
By which although some Kings out of a last shift, have seemed to relieve themselves, yet was it in truth full of danger and distrust to the Commonwealth; being an assured token of a bankrupt state: and to the Prince in conclusion, of most disadvantage. For the Revenues of the Crown being commonly incertain Rents, they must in true value, howsoever in verbal sound, be abated to the proportion that the Money shall be abased. And every man will rate his Commodity in Sale, not according to the account of pence or pounds, but to the weight of pure Silver contained in the currant money. As for example, That which was before the dec●ying of the Coin worth five shillings the proved weight, will (if the allay be to the half) be held at ten shillings; and so in every proportion respectively. For money is not merely to be esteemed in respect of the Sculpture or Figure; 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 Coin, 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 ancient as before Henry 3. and so continued unto the middle of Henry 8. the profit of it being now engrossed among a few Goldsmith's, 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 domestic Commodities at an abated Custom.  
The other to abate the mighty indraught of foreign manufactures, and unnecessary Wares, that the outward trade might overbalance the inward, which otherwise will (as it hath done) draw on this desperate consumption of the Commonwealth: 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, 
Ex Scacar inter rememb. Regis 27. Ed. 3.  Spices, Silk, and fine Linens, etc.) 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 clothes transported, maketh the State to buy more than 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 Commonwealth. And it is observed generally, that hence the want of Bulljoin now is such, that there is not money in Specie sufficient to pay the lender's their principal, so that usury is paid for money upon supposition, and not really.  
If then his Majesty shall be pleased by advice of his Council, to advantage himself any otherwise by coinage, it will be safer to do it upon a simple metal, then by any implyant or cannoneer suit, which well governed States both modern and ancient 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 Christendom. 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 practice with discreet caution and constant resolution; for the danger only may be in the venting of the quantity, which may clog 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 sums 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 inferior to the City in proportion. And the form and figure may with an Engine so subtly be milled, that the charge will prevent all practice of false play.  
For the prejudice since London, which is not the 24. part of the People of the Kingdom, 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 entire state it may nothing, either of loss by the first uttering being so easy, nor burden 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 tied to one Seller and his bad Commodities, as they are still, when his tokens, hereafter made currant by authority, shall leave him the choice of any other Chapman; and to the Poor in this time of small charity, it will be of such relief; since men are like to give a farthing Alms, 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 loss: what that hath been may be conjectured, if we mark but of the great quantities from the penny downward since Henry 8. time stamped, how few remain: whereas of all the Coins from three pence upward which are manual, plenty pass still in daily payment.   

Regalities mixed.  
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 Bishoprics.  
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 inferior 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 Diocese, which the King by having the power Papal 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 Archbishop, 
Ex composit. original. inter Ca●d. Woolsey, & Archiep Cant dated 14. Hen. 8.  and all other the Bishops of the Kingdom, after he had got his Legative power. And this if it were put in practice would draw to the King 20000. l. in his Coffers.   

Tenths of the Church-Lands now in the Laity.  
The other is the short account yielded the King of such Ecclesistiacal tenths and duties, as were often or Annually paid unto the Pope in former times, and now by Statute invested in the Crown: for in former times the See of Rome received them not, as only out of the mere Spiritualities, but also from out of all the Temporalities of Spiritual persons; which Land being now divided from the Church into the hands of the Laity; yet ought they to pay this duty, since they were settled in the Crown by a former Law, and no subsequent ever hath discharged them.    

AN ANSWER TO CERTAIN ARGUMENTS Raised from Supposed Antiquity, And urged by some MEMBERS of the lower HOUSE of PARLIAMENT, To prove that Ecclesiastical Laws, Ought to be Enacted by Temporal Men.  
Written by Sir ROB. COTTON Knight and Baronet.  
LONDON: Printed in the Year 1672.   

AN ANSWER TO CERTAIN ARGUMENTS Raised from Supposed Antiquity, And urged by some Members of the Lower House of PARLIAMENT, To Prove that Ecclesiastical Laws Ought to be Enacted by Temporal Men.  
WHat, besides self-regard, or siding faction, hath been the main reason of the lower Lay-house labour in Parliament, to deal with Laws of the Church, the milder Members have yielded a Right which they would maintain by former Precedents, raising the same from 

1. Primitive use. 
3. Reason's out of Precedent.   
2. Middle practice.  
3. Interrupted continuance.    
Professing the same by the Laws of 

1. The Roman Empire. 
1. Imperial constitutons.   
2. The Saxon Kings. 
2. Saxonlaws.   
3. The English Parliaments so to do. 
Acts in Parliament     
Which since it may raise a prejudice to the Church's peace, or to the Sovereign's power, unopposed; I will make way (in a word or two) to the better answer of some other Pen. What they say is not to be denied, that in course of civil Laws under the Christian Emperors, there be often constitutions Ecclesiastical; and in the Counsels of the Church (frequent) the Sovereign's power, and sometimes the presence of lay-Ministers; yet may their assertion admit to the first, this answer of Justinian; 
Justinian.  Principes, Sapientes, Episcoporum monita, pro fide & Religione Christiana, Leges Synodicis Canonibus conformes edidere, recte judicantes, Sacerdotum Sanctiones merito Majestatis Regiae nuturoborari. So that those decrees of the Civil Laws, 
Tripartita Historia.  will prove but confirmative of former Canons, as may be gathered by that of Volentinian and Martian. Emperors, who wrote unto Paladius, their Praefectus Pratorii, that all constitutions, that were against the Canon of the Church should stand void. And to the second, that their presence was to dignify, and not to dispute; the direction proveth, 
Distinct. 196. 1.  that the Emperor Theodosius gave to Candidianus an Earl, by him to the Ephesian Council sent; Non ut Quaestiones seu Expositiones communicaret, cum sit illicitum quia non fit in ordine sanctissimorum Episcoporum, Ecclesiasticis tractatibus intermisceri. And Valentinian the elder, though petitioned by the Bishops to be present at their Synod, 
Nicep. lib. 11.  said; Sebi, qui unus e Laicorum numero esset, non licere hujusmodi negotiis se interponere. And by the Council of Carth. and African, 
Concil. Ca●●h. Africa.  likewise it appeared; that even Princes would intermeddle with these matters; but Saepius rogati ab Episcopis. And the Emperor Gratian taught, as Zozimus 
Zozimus.  saith, Omnes Laicos nihil potestatis inres Ecclesiasticas posse sibi vindicare. And the former Emperor. enacted; In causa Ecclesiastici alicujus ordinis cum judicare debere, qui nec manere impar est, nec jure dissimilis, 
Ambros. l 5. Ep. 32.  Sacerdotes de Sacerdotibus judicare. According to that Saying of Constantine the Great; 
Russ●us Ec. clef. hist. l. ●.  Vos enim a Deo nobis dati estis Dii, & conveniens non est ut homo judicet Deos. Thus then stood the practice of the primitive Church; which when it was in those times otherwise, as under Constantius the Arrian, Athanas. saith of him; Haereseos veneno imbutos milites, 
Athan. Epist ad solit. vitam agent.  Sicarios, Eunuchos Comites, faciebat Sacerd. Judices, & cogebat umbratiles Synodas, quibus ipse cum monstris illis praesiperet. Whereas otherwise that Emperor, even in the height of Pagan Greatness, 
Dionysius H●lic●rn.  ascribed to their Pontifices and Sacerdotes in Common Right, Propter Religionem comitia habere propria, and that Stabili Sententiâ rarum erat, quod tres Pontifices communi decreto statuissent  

The second Objection. Ecclesiastical Laws enacted in Parliament.  
To the second, as it is in the former true, that many Canons of the Church are interlaced with the Commonwealths, although the Saxon Laws, 
Saxon Laws.  and that the establishment should be by Parliament, which they infer out of the Frontispian, of Inas Statutes in these words: Ego Inae Rex, ex tractatione Episcoporum, 
Leges Inae.  et omnium Aldermannorum meorum, & seniorum sapientu● Regni mei, & confirmatione Populi mei; do ordain etc. Yet may receive this answer. First, that the Commons did but confirm and not dispute; which to this day is in their summons comprised only add consuet udinen. But whosoever shall collate the transcript copy with the original, called Textus Roffensis, will find these ordinances, 
Textus Roffensis.  not called Leges but Synodalia, and almost all by the King and Churchmen only made. Neither was it new in this Isle that Priests directed alone the government, when as the best Record of our eldest memory saith, that the Druids, (a religious Pagan order) not only divinis intersunt, Religiones interpretantur, but de omnibus (as Caesar saith) controversis publicis privatisque confirment, sive de heridet amento, sive de finibus, & praemia & paenas constituunt. And if any, sive privatus, aut populus decreto eorum non stererit, sacrificiis interdicunt. And this excommunication amongst them, was paena gravissima. Neither did the times of Christianity here bereave the Church of all such will. For in the Saxon time they intermeddled in the framing of the Temporal Laws, and aught, as appeareth by an Ordinance of that time de Officiis Episcopi: Cum seculi judicibus interesse ne permittent si possint, 
Leges Regum Saxorum.  ut illinc aliqua pravitatum germina pullulaverint. And surely, since these time until of late, the inferior Ministers of the Church, 
Eulogium. All the Clergy members of Parliament proved by Record.  aswel as Bishops, had suffrage in Parliament. For John de Rupescissa (a story as old as King John's time) saith, Anno 1210. Convocatum est Parliamentum Londoniae, Presidente Archiepiscopo cum toto Clero. & tota secta Laicali. 
Rot. Parl. 18. Edw. 3.  And in the 8. of Edward the 3. the Members of Parliament defective in their appearance, the King chargeth the Archbishop to punish the defaults of the Clergy, as he would the like touching the Lords and Commons. And in third of Richard the second, 
Rot. Parl. an. 3. Rich. 2.  against a Petition in Parliament contradicting Provisions, the Prelates and whole Clergy, make their protestations; And to a demand of the Lay-Commons, for the King's aid the year following, 
Rot. Parl. an. 4. Rich. 2.  the whole Clergy answered, that they used not to grant any but of their free will. And in the eleventh of the same King, 
Rot. Parl. an. 11. Ri. 2. 11. ●  the Archbishop of Canterbury made openly in Parliament a solemn protestation for himself, and the whole Clergy of his Province, entered by word; the effect whereof was, That albeit they might lawfully be present in all Parliaments, yet for that in those Parliament matters of treason were to be entreated of, whereas by the Canon law they ought not to be present, they therefore absented themselves, saving their liberties therein otherwise.  
And in the 21. 
Rot. Parl. an. 21. Rich. 2. n. 9 & 10.  of Richard the 2. for that divers judgements were heretofore undone; for that the Clergy were not present; the commons prayed the King, that the Clergy would appoint some to be their common Proctor, with sufficient authority thereunto. The Bishops and Clergy therefore being severally examined, appointed Sir Thomas Piercy their Proctor to assent as by their Instruments appeareth.  
And the same year, 
Rot. Parl. an. 21 Rich. 2. n. 51.  upon the devise of Sir Thomas Bussey, most of the Bishops and Lords were sworn before the King again, upon the Cross of Canterbury, to repeal nothing in this year enacted. So did sundry the Proctors of the Clergy, and most of the Commons, by holding up one of their hands, affirmed that they the same would do.  
In the judgement of the Duke of Norfolk, 
2. Ric. 2. n. 58.  and Earl of Warwick the same year, the name and assent of the Procurator of the Clergy alleged. 
1. Hen. 4.  And in the first of Henry 4. the Bishop of Assaph, for Archbishop and Bishops; the Abbot of Glassenbury, for all Religious Persons; the Earl of Gloucester, for Dukes and Earls; the Lord of Barkley, for Barons and Barronets; Sir Thomas Irpingham Chamberlain, for Bachelors and Commons of the South; Sir Thomas Grace, for Bachelors and Commons of the North; Sir William Thirming and John Mekham Justices, for the whole Estates, came to the Tower to King Richard to whom Sir William Thirming, for and in the name of them all, pronounced the sentence of deposition, and the words or resignation of homage and loyalty.  
And when it was enacted anno 6. Henry 6. by the King, 
Rot. Parl an. 6. Herald 6. n. 27.  Lords Temporal and Commons, that no man should contract or marry himself to any Queen of England, without the special licence and assent of the King, on pain to lose all his Goods and Lands; The Bishops and all the Clergy to this Bill assented, so far as it was not against the Law of God. And thus far for answer to the second part.   

The third Reason. Ecclesiastical Laws enacted in Parliament.  
The last, which they granted from Precedents, Parliaments since the Conquest, they infer out of the Phrase, and out of the practice; The first by these words: Rex Wintoniae celebravit magnum Concilium coram Episcopis, 
William M●lmesbury.  Comitibus, & Baronibus, mistaking the word, as intending a Provincial Synod, whereas it was in those days equal and usual for their Parliament, that French Phrase never having admission in that sense here until the time of Henry 2. 
Lib. Ecclesiae Cantuar.  and then but rarely. That great assembly being formerly instiled Magnum Consilium; and until of late often enjoyed the same name. And this is evident out of the words of Benedictus Abbas in the life he wrote of the 2. 
Vita Hen. 2.  2. Henry; Circa festum sancti Pauli, venit Dominus Rex usque Northampton, & magnum ibi celebravit Consilium de Statutis Regni sui coram Episcopis, Comitibus Baronibus terrae suae, & per Consilium Militum & hominum suorum. Here the intent manifesteth the nature of that assembly, and the fuller, in that the same Author in the same year, saith, that Richardus Cantuar. Archiepiscopus, and Rogerus Eboracensis cum Sufraganeis suis congregatis apud Westmonasterium in Capella Monachorum infirmiorum tenuerunt Consilium; or their convocation; which had been needless if in their first, they might have done their Church-affaires.  
Here might I enter into a large and just discourse, as well of the authority as antiquity of their Convocation or Synod Provincial, no less ancient, 
Beda.  as Beda mentioneth, then in the year 686. when Austin adjutorio Regis, etc. assembled in Council the Britain Bishops; from which unto this day there is successive Record of Counsels or Convocations, 
Provincial Consitutions.  less interrupted then of Parliament.   

Practice.  
Now touching our practice to ordain in Parliaments Laws Ecclesiastical, either mere or mixed, although it be by Record evident, yet must it admit this difference: First, that it sprung not from our dispute, or desire, 
Rot. Parl.  but solely from the Petitions of the Church, as usual is in all the Rolls of Parliament, receiving their distinct Title from those of the Commons. And this they did to add Seculare Brachium to their former Cannons, too weak to reach to corporal punishments; as in the fifth of Richard 2. when to suppress the Schisms, the Clergy became in Parliament the Petitioners to the King's Laity; 
Claus. 5. Rich. 2.  where these words of their assistance are, excluding the Commons from any Power of advice: Habita prius bona & matura deliberatione de communi Consilio ipsius Archiepiscopi, Suffraganeorum suorum, aliorumque Clericorum, super quo idem Archiepiscopus supplicavit, ut pro debita castigatione illorum qui conclusiones Schismaticas praedicare voluerint, animo obstinato dignaremur apponere brachium Regiae potestatis ●idem. 
Charae ●ntiquae B. B.  And this aid was in order in the Conqueror's time; who by edict commanded, that every Marshal, Episcope & Deo faceret rectum secundum Canon's & Episcopales leges. Which if he doth not, after excommunication, Fortitudo et Justitia Regis adhibeatur. And this even in the Primitive Church, was thought convenient: because as Saint Ambrose saith, for the like intent, to the Emperor Valentinian; 
Ambrosi●s.  Non tantas vires sermo mecus habiturus est pro Trinitate bellum gerens, quantum edictum tuum. Hence it is that at this day, the King's authority is annexed ever to the Convocation; as in the ancient Church were the like decrees of Kings; as those of Eruigius ratifying the twelfth Council of Toledo. Nemo illiciator vel contemptor vigorem his Institutionibus subtrahat, 
Concil. 11. Toletan.  sed generaliter per cunctas Regni nostri provincias hoec Canonum instituta nostrae gloriae temporibus acta, et autoritatis debitae fastigia praepollebunt, & irrevocabili judiciorum exercitie prout constituta sunt in omnibus Regni nostri Provinciis celebres habebuntur. Si quis autem haec instituta contemnat, contemptor se noverit damnari sententia; Id est, ut juxta voluntatem nostrae gloriae, et excommunicatas à nostro caet●resiliat; & in super decimam partem facultatis suaefisci partibus sociandam, amittat. But that the Church-laws ever moved from the Lay-members, I take it as far from Precedent, as it is besides the nature of their Commission: The Bishops and Clergy being only called in the Writ to that service, the word being, 
●d consentiendum. Writ of summons Rot. claus. an. 22. Rich. 2. ●. 7.  to come in fide & delectione, ad declarandum Consilium & avisamentum, & ad consentiendum iis quae tunc de avisamento & assensu Cleri nostri (and not the Commons) cotigerit affirmari. But if any shall object unto me, that many Laws, as that of the Supremacy in Henry 8. time, had first the ground in Parliament; it is manifested, 
Archivis. Archiepis.  by the dates of their Acts in convocations, that they all had properly in that place the first original. And that this was the use of old, nothing will leave it so clear, as to observe the fruitless success of the Laity, in all their endeavours to establish Ecclesiastical Laws; And this I will manifest by the Kings answer out of Record, so far as the Rolls of Parliament will admit me, successively. Until the 11. of Edward the first, 
Rot. Patl. 18. Edw. 1.  there is no Record extant; but in that the Commons petition to the King, that a Law may be made against Usurers; 
Usury.  The King gave answer, that it must be remedied, coram Ordinariis. And when they desired remedy, 
Vexation by Ordinaries.  de multimodis injustis vexationibus eis factis per Officiales & alios ministros Ecclesiae; The King replied; Cancellarius emendat in temporalibus; Archiepiscopus faci●t in spiritualibus. From hence there is a lack of Record near to the 8. 
Rot. Parl. 8. Edw. 3.  of Edward 3. In which Parliament the Commons desire an Act to restrain the Clergy in their trivial citations; 
Citations.  whereunto they received from the King but this answer only; That the King will charge the Bishops to see it remedied. And the first of Richard the 2. 
Rot. Parl. an. 1. Rich. Pecuniary pains. 5. Rich. 2. Ecclesiastical Courts.  preferring the like petition against corruption of Ordinaries, to do according to the Laws of Holy Church. And in the fifth of the same King, they complain against abuses in Ecclesiastical Courts. Respons. The King will charge the Clergy to amend the same.  
And in the 15. year, when they required an Act to declare the age of the titheable Wood; 
Tithes.  they had for answer, The King would move the Bishops for order between this and the next Parliament.  
And in the 17 of Richard 2. 
17. Rich. 2. n. 43.  when they petiotioned for a residing learned Ministry, so as the Flock for want might not perish; 
Learned Ministry.  they had replied, That the King willeth the Bishops to whom that Office belongeth, to do their duties.  
Henry the 4. in his second year, 
Rot. Par. an. 2. Hen. 4. ●. 44.  desired by the Lords and Commons to pacify the Schism of the Church; Answereth, he will charge the Bishops to consider the same. And in his fourth year, being importuned for an Act for residency of Ministers; 
4. Hen. 4.  replied Le Roy command an Prelates et perentrecy ils empurvoient de remedy. And in the eleventh of the same King, to the like petition; 
11. Hen. 4.  Respons: Ceste matiere appartient a St. Eglise et remede en la darraine Convocation.  
In Parliament under the 5. 
Rot. Par. an. 1. Hen. 5.  Henry and his first year, the King answereth the Commons petition, against oppressing Ordinaries; If the Bishops do not redtess the same, the King will.  
And in Anno 3. 
Rot. Par. an. 3. Hen. 6.  Henry 6. to a Petition that non-resident should forfeit the profit of their living; gave answer, that he had delivered the Bill to my Lord of Canterbury, and semblably to my Lord of York; charging them to purvey means of remedy.  
And in the year following, 
Rot. Parl. an. 4. Hen. 1.  to a petition that Patrons may present upon non-residency; Respons: There is remedy sufficient in the Law spiritual.  
Since than it is plain by these rehearsed answers, that from the Conquest, they have received but weak admittance: And by the edict of the first King William in these words, 
Chartae A●iquae B. B.  a sharp restraint; Defendo et mea authoritate interdico, ne ullus laicus homo de legibus quae ad Episcopum pertinent se intromittat. And that the Saxon Synodals, 
Leges Saxon.  are rather Canon-Laws, than laymen's Acts. And the practice of the primitive Church, if well understood, but a weak prop to their desire, It may not seem distasteful from the King (walking in the Steps of his Ancestors, Kings of this Land) to return (as formerly) the Commons desires to their proper place, the Churchman's care. And to conclude this point in all Parliaments, as Martian the Emperor did the Chalcedon Council; 
Concil. Chale.  Cessat jam profana contentio; nam vere impius & sacrilegus est, qui posttot sacerdotum sententiam, opinionisuae aliquid tractandum reliquit. And with the Letter of God's Law; 
Levit. 14.  Qui superbicrit nolens obedire sacerdotis imperio, ex decreto Judicis morietur hono.    

THE ARGUMENT Made by the COMMAND Of the House of COMMONS (Out of the Acts of Parliament, and Authority of Law expounding the same) at a CONFERENCE with the LORDS, CONCERNING THE LIBERTY of the person of every FREEMAN.  
Written by Sir ROB. COTTON Knight and Baronet.  
LONDON: Printed in the Year 1672.   

THE ARGUMENT Made by the COMMAND Of the House of COMMONS (Out of the Acts of Parliament, and Authority of Law, expounding the same) at a Conference with the LORDS, Concerning the Liberty of the person of every FREEMAN.  
My LORDS,  
Upon the occasions delivered by the Gentlemen, your Lordships have heard, the Commons have taken into their serious consideration the matter of the personal liberty: and after long debate thereof of on divers days, aswell by solemn Arguments as single proportions of doubts and answers, to the end no scruples might remain in any man's breast unsatisfyed; They have, upon a full search and clear understanding of all things pertinent to the question, unanimously declared, That no Freeman ought to be committed, or detained in Prison, or otherwise restrained by the command of the King, or the Privy Council, or any other, unless some cause of the commitment, deteinor, or restraint be expressed, for which by Law he ought to be committed, detained or restrained: And they have sent me with other of their Members to represent unto your Lordships the true grounds of such their resolution, and have charged me particularly (leaving the reasons of Law and Precedents for others) to give your Lordship's satisfaction, that this Liberty is established and confirmed by the whole State, the King, the Lords Spiritual and Temporal, and the Commons, by several Acts of Parliament, the authority whereof is so great, that it can receive no answer, save by interpretation or repeal by future Statutes: And those that I shall mind your Lordships of, are so direct to the point, that they can bear no other exposition at all; and sure I am, they are still in force.  
The first of them is the grand Charter of the Liberties of England; first granted 17. Johannis Regis, and revived 9 Hen. 3: and since confirmed in Parliament above 30. times. The words are these▪ cap. 29. Nullus liber homo capiatur vel imprisonetur, aut disseisetur de libero tenemento suo, vel Libertatibus, vel liberis consuetudinibus suis, aut ut lagetur, aut exuletur, aut aliquo modo d●struatur: nec super eum ibimus, nec super eum mittemus, nisi per leg ale ●udiciu● parium suorum, vel per legem terrae. These words Nullus liber homo, etc. are express enough. Yet it is remarkable, that Matthew Paris (an Author of especial credit) doth observe fol. 432 that the Charter 9 Henry 3. was the very same as that of the 17. of King John (in nullo dissimilis are his words) and that of King John he setteth down verbatim fol. 342. And there the words are directly, Nec ●um in carcerem mittemus: and such a corruption as in now in the point might easily happen betwixt 9 Henry 3. and 28. Edward 1. when this charter was first exemplified: but certainly, there is sufficient left in that which is extant to decide this question: for the words are, that no Freeman shall be taken or imprisoned but by the lawful judgement of his Peers (which is by Jury; Peers for Peers, ordinary Juryes for other, who are their Peers) or by the Law of the Land: Which Law of the Land must of necessity be understood to be of this notion, to be by due process of the Law; and not the Law of the land generally: otherwise it would comprehend Bondmen (whom we call Villains) who are excluded by the word liber: For the general Law of the Land doth allow their Lords to imprison them at their pleasure without cause, wherein they only differ from the Freeman, in respect of their persons, who cannot be improsoned without a cause. And that this is the true understanding of these words, per legem terrae, will more plainly appear by divers other Statutes that I shall use, which do expound the same accordingly. And though the words of this grand Charter be spoken in the third person; yet they are not to be understood of suits betwixt party and party; at least not of them alone, but even of the King's suits against his Subjects, as will appear by the occasion of the getting of that Charter; which was by reason of the differences between those Kings and their People; and therefore properly to be applied unto their power over them, and not to ordinary questions betwixt Subject and Subject.  
Secondly, the words per legale judicium parium suorum immediately preceding the other of per legem terrae, are meant of trials at the King's suit, and not at the prosecution of a Subject. And therefore if a Peer of the Realm be arraigned at the Suit of the King upon an Indictment of murder, he shall be tried by his Peers; that is by Nobles: but if he be appealed of murder by a Subject, his trial shall be by an ordinary Jury of 12. Freeholders, as appeareth in 10. Edward 4 6. 33. Henry 8. Brooke title trials 142 Stamf. pleas of the Crown lib. 3. cap. 1. fol. 152. And in 10 Edward 4. it is said, such is the meaning of Magna Charta. By the same reason therefore, as per judicium parium suorum extends to the King's suit; so shall these words per legem terrae. And in 8. Edward 3. rot. Parl. m. 7. there is a petition, that a Writ under the privy Seal went to the Guardian of the Great Seal, to cause Lands to be seized into the King's hands; by force of which there went a Writ out of the Chancery to the Escheator, to seize against the form of the Grand Charter, that the King or his Ministers shall out no man of freehold without reasonable Judgement, and the Party was restored to his Land; which showeth the Statute did extend to the King. There was no invasion upon this personal Liberty until the time of King Edward 3. which was eftsoon resented by the Subject: For in 5. Edward. 3. cap. 9 it is ordained in these words: It is enacted, that no man from henceforth shall be attached by any accusation, nor forejudged of Life or Limb, nor h●s Lands, Tenements, Goods nor Chattels seized into the King's hands against the form of the great Charter and the Law of the Land.  
25. Edward 3, cap. 4. is more full; and doth expound the words of the grand Charter; and is thus: Whereas it is contained in the great Charter of the Franchises of England, that none shall be imprisoned nor put out of his Freehold, nor of his Franchise nor free Custom, unless it be by the Law of the Land. It is accorded, assented and established, that from henceforth none shall be taken by Petition or Suggestion made to our Lord the King, or to his Counsel, unless it be by Indictment or Presentment of his good and lawful People of the same Neighbourhood where such deeds be done, in due manner, or by process made by Writs Original at the common Law, nor that none be put out of his Franchises nor of his freeholds, unless he be due brought in answer, and forejudged of the same by the course of the Law, and if any thing be done against the same, it shall be redressed and holden for none.  
Out of this Statute I observe, that what in Magna Charta and the Preamble of this Statute, is termed by the Law of the Land, is by the body of this act expounded, to be by process made by Writ Original at the Common Law; which is a a plain interpretation of the words, Law of the Land, in the Grant Charter. And I note that this Law was made, upon the Commitment of divers to the Tower, no man yet knoweth for what.  
28 Edward 3. cap. 3. is yet more direct; (this liberty being followed with fresh Suit by the Subject) where the words are not many, but very full and significant: That no man, of what Estate or condition soever he be, shall be put out of his Lands or Tenements, nor taken, nor imprisoned, nor disinherited, nor put to death, without he be brought in answer by due process of the Law. Here your Lordships see, the usual words, of the Law of the Land, are rendered by due process of the Law.  
36. Edward. 3. Rot. Parl. n. 9 amongst the Petitions of the Commons one of them (being translated into English out of French) is thus. First, that the great Charter, and the Charter of the Forest, and the other Statutes made in his time, and in the time of his Progenitors, for the profit of him and his Communality, be well and firmly kept, and put in due execution, without putting disturbance, or making arrest contrary to them, by special command, or in other manner.  
The Answer to the Petition, which makes it an Act of Parliament, is: Our Lord the King, by the assent of the Prelates, Dukes, Earls, Barons, and the Communality hath ordained and established; that the said Charters and Statutes be held and put in execution according to the said Petition. It is observable that the Statutes were to be put in execution according to the said Petition? which is, that no Arrest should be made contrary to the Statutes, by special command. This concludes the question, and is of as great force as if it were printed. For the Parliament-Roll is the true warrant of an Act, and many are omitted out of the Books that are extant.  
35. Edward 3. Rot. Parl. nu. 20. explaineth it further. For there the Petition is: Item, as it is contained in the grand Charter and other Statutes, That no man be taken or imprisoned by special command without Indictment or other process to be made by the Law upon them, aswel of things done out of the Forest of the King, as for other things; That it would please our said Lord; to command those to be delievered, that are so taken by special command, against the form of the Charters and Statutes aforesaid.  
The Answer is, The King is pleased, that if any man find himself grieved, that he come and make his complaint, and right shall be done unto him.  
37. Edward 3. cap. 18. agreeth in substance when it saith, Though that it be contained in the great Charter, that no man be taken, nor imprisoned, nor put out of his Freehold without process of the Law: Nevertheless divers People make false Suggestions to the King himself; as well for malice or otherwise, whereof the King is often grieved, and divers of the Realm put in damage, against the form of the the said Charter, wherefore it is ordained that all they which make suggestions, shall be sent with the same suggestions before the Chancellor, Treasurer and his grand Council; and that they there find Surety to pursue their suggestions: and incur the same pain that the other should have had if he were attainted, in case that his suggestion be found evil; and that then process of the Law be made against them, without being taken and imprisoned against the form of the Charter and other Statutes. Here the Law of the Land in the grand Charter is explained to be without process of the Law.  
42. Edward 3. at the request of the Commons by their Petitions put forth in this Parliament, to eschew mischief and damage done to divers of his Commons by false Accusers, which oftentimes have made their accusation more for revenge and singular benefit than for the profit of the King or of his People; which accused persons, some have been taken and sometime caused to come before the King's Council, by Writ or otherwise, upon grievous pains against the Law, It is assented and accorded for the good governance of the Commons, that no man be put to answer without presentment before Justices or matter of Record, or by due process and Writ original according to the old Law of the Land: and if any thing from henceforth be done to the contrary, it shall be void in the Law and holden for Error.  
But this is better in the Parliament-Roll, where the Petition and Answer (which make the Act) are set down at large 42. Edward 3. Rot. Parl. n. 12. The Petition Item, because that many of the Commons are hurt and destroyed by false Accusers, who make their Accusations more for their revenge and particular gain, than for the profit of the King or his People: And those that are accused by them, some have been taken, and others are made to come before the King's Council, by Writ or other Command of the King, upon grievous pains, contrary to the Law. That it would please our Lord the King, and his good Council, for the just Government of his People, to ordain, that if hereafter any Accuser purpose any matter for the profit of the King, that the matter be sent to the Justices of the one Bench or the other, or the Assizes, to be enquired and determined according to the Law; and if it concern the Accuser or Party, that he take his Suit at the Common Law, and that no man be put to answer, without presentment before Justices, or matter of Record, or by due process and Original Writ, according to the ancient Law of the Land; and if any thing henceforward be done to the contrary, that it be void in Law, and held for error. Here, by due process and Original Writ according to the ancient Law of the Land, is meant the same thing as per legem terrae in Magna Charta. And the abuse was, that they were put to answer by the Commandment of the King. The King's answer is thus. Because that this Article is an Article of the Grand Charter: The King will that this be done as the Petition doth demand. By this appeareth that per legem terrae in Magna Charta is meant by due process of the Law.  
Thus your Lordships have heard Acts of Parliament in the point. But the Statute of Westminster the first cap. 15. is urged to disprove this opinion, where it is expressly said, that a man is not replevisable who is committed by command of the King. Therefore the command of the King without any cause showed, is sufficient to commit a man to Prison. And because the strength of the Argument may appear, and the answer be better understood, I shall read the words of that Statute, which are thus: And forasmuch as Sheriffs and others, which have taken and kept in Prison, persons detected of Felony, and oftentimes have let out by Replevin, such as were not replevisable; because they would gain of the one party, and grieve the other. And forasmuch as before this time it was not certainly determined what persons were replevisable, and what not, but only those that were taken for the death of a man, or by commandment of the King, or of his Justices, or for the Forest; it is provided, and by the King commanded, that such Prisoners as before were outlawed, and they which have abjured the Realm, Provers, and such as be taken with the manner, and those which have broke the King's Prison, Theives openly defamed and known, and such as be appealed by Provers, so long as the Provers be living, if they be not of good name, and such as be taken for burning of Houses feloniously done, or for false money, or for counterfeiting the King's Seal, or Persons excommunicate taken at the request of the Bishop, or for manifest offences, or for treason touching the King himself, shall be in no wise replevisable, by the common Writ or without Writ. But such as be Indicted by Larceny, by Inquests taken before Sheriffs or Bailiffs by their Office, or of light suspicion, or for petty Larceny, that amonnteth not above the value of 12 d. if they were not guilty of some other Larceny aforetime, or guilty of receipt of Felons, or of commandment or force, or of aid in Felony done, or guilty of some other Trespass for which one ought not to lose Life or Member; and a man appealed by a Prover; after the death of the Prover if he be no common Thief, nor defamed, shall from henceforth be let out by sufficient Surety, whereof the Sheriff will be answerable, and that without giving aught of their Goods. And if the Sheriff or any other let any go at large by Surety, that is not replevisable, if he be the Sheriff, Constable, or any other Bailiff of Fee which hath keeping of Prisons, and thereof be attained, he shall lose his Fee and Office for ever. And if the Under-Sheriff, Constable or Bailiff of such as hath Fee for keeping of Prisons, do it contrary to the will of his Lord, or any other Bailiff being not of Fee, they shall have 3. years' imprisonment, and make a fine at the King's pleasure. And if any withhold Prisoners replevisable after they have offered sufficient Surety, he shall pay a grievous amerciament to the King; and if he take any Reward for the deliverance of such, he shall pay double to the Prisoner, and also shall be in the great mercy of the King. The answer is, it must be acknowledged, that a man taken by the command of the King is not replevisable, for so are the express words of this Statute, but this maketh nothing against the Declaration of the Commons: for they say not, that the Sheriff may Replevin such a man by Surety, Scilicet Manucaptores: but that he is bailable by the King's Court of Justice: for the better apprehending whereof, it is to be known, that there is a difference betwixt Replevisable, which is always by the Sheriff upon Pledges or Sureties given, and Bailable by a Court of Record, where the Prisoner is delivered to his Bail and they are his Jailers, and may imprison him, and shall suffer for him body for body, as appear 33. & 36. Edward 3. in the title of Mainprize, plit. 12, 13. where the difference betwixt Bail and Mainprize is expressly taken. And if the words of the Statute itself be observed, it will appear plainly that it extends to the Sheriffs and other inferior Officers, and doth not bind the hand of the Judges. The Preamble, which is the Key that openeth the entrance into the meaning of the Makers of the Law) is: Forasmuch as Sheriffs, and others, which have taken and kept in Prison persons detected of Felony. Out of these words I observe, that it nominateth Sheriffs; and than if the Justices should be included, they must be comprehended under the general word, Others; which doth not use to extend to those of an higher rank, but to inferiors: For the best, by all course is first to be named; and therefore if a man bring a writ of Customs and Services, and name Rents and other things, the general words shall not include homage, which is a personal service, and of an higher nature; but it shall extend to ordinary annual services, 31. Edward 1. droit 67. So the Statute of 13. Elizabeth cap. 10. which beginning with Colleges, Deans and Chapters, Parsons and Vicars, and concludes with these words, and others (and others having spiritual promotions) shall not comprehend Bishops, that are of an higher degree, as appeareth in the Archbishop of Canterbury his Case reported by Sir Edward Cook lib. 2. fol. 466. And thus much is explained in this very Statute, to the end when it doth enumerate those were meant by the word other, namely Under-sheriffs, Constables, Bailiffs. Again, the words are Sheriffs and others, which have taken and kept in Prison. Now every man knoweth, that Judges do neither arrest nor keep men in Prison; that is the office of Sheriffs, and other inferior Ministers; Therefore this Statute meant such only. and not Judges. The words are further, that they let out by replevin such as were not replevisable. This is the proper language for a Sheriff: Nay more express afterwards, in the body of the Statute: That such as are there mentioned, shall be in no wise replevisable by the common Writ (which is de homine replegiando, and is directed to the Sheriff) nor without Writ (which is by the Sheriff, Ex Officio) But that which receives no answer, is this: That the command of the Justices (who derive their authority from the Crown) is there equalled as to this purpose with the command of the King; and therefore by all reasonable construction, it must needs relate to Officers that are subordinate to both, as Sheriffs, Undersheriffs, Bailiffs, Constables, and the like: and it were an harsh exposition to say, that the Justices might not discharge their own command; and yet that reason would conclude as much. And that this was meant of the Sheriffs and other Ministers of Justice, appeareth by the Recital of 27. Edward 3. cap. 3. and likewise by Fleta, a Manuscript so called, because the Author lay in the Fleet when he made the Book. For he Lib. 2. cap. 52. in his Chapter of Turns, and the Views of the hundred Courts in the Country, and setteth down the Articles of the charges that are there to be enquired of; amongst which, one of them is, De replegialibus injuste detentis & irreplegialibus dimissis; which cannot be meant of not bailing by the Justices. For what have the inferior Courts of the Country to do with the Acts of the Justices? And to make it more plain, he setteth down in his Chapter (that concerns Sheriffs only) the very Statute of West. 1. cap. 15. which he translates verbatim out of the French into Latin, save that he renders, Taken by the command of the Justices thus, Per judicium Justitiariorum, and his Preface to the Statute plainly showeth that he understood it of Replevin by Sheriffs: for he saith, Qui non debent per plegios dimitti, qui non declaret hoc Statutum; and per plegios is before the Sheriff. But for direct authority, it is the opinion of Newton Chief Justice, 22. Henry 6. 46. where his words are these: It cannot be intended but the Sheriff did suffer him to go at large by mainprize: for where one is taken by the Writ of the King, at the commandment of the King, he is replevisable; but in such Cases his Friends may come to the Justices for him if he be arrested, and purchase a Supersedeas. This Judge concludes, that the Sheriff cannot deliver him that is taken by the command of the King, for that he is irreplevisable, which are the very words of the Statute: but saith he, his Friends may come to the Justices, and purchase a Supersedeas. So he declares the very question, that the Sheriff had no power, but that the Justices had power to deliver him who is committed by the King's command, and both the ancient and modern practice manifests as much. For he that is taken for the death of a man, or for the Forest, is not replevisable by the Sheriff; Yet they are ordivarily bailed by the Justices, and were by the King's Writs directed to the Sheriffs in the times of Edward 1. & Edward 2. as it appears in the close Rolls, which could not be done if they were not bailable: and it is every day's experience that the Justices of the King's Bench do bail for murder, and for Offences done in the Forest; which they could not do, if the word Irreplevisable in Westminster l. were meant of the Justices as well as the Sheriffs.  
For the Authorities that have been offered to prove the contrary, 
Object. 1.  they are in number three. The first is 21. Edward 1. rot. 2. in Scrin. which also is in the book of Pleas in the Parliament at the Tower fol. 44. It is not an Act of Parliament, but a Resolution in Parliament, upon an Action there brought, which was usual in those times. And the Case is, that Stephen Rabab the Sheriff of the County of Leicester, and Warwick was questioned for that he had let at large, by Sureties, amongst others, one William the Son of Walter le Persons, against the will and command of the King, whereas the King had commanded him by Letters under his Privy Seal, that he should do no favour to any man, that was committed by the command of the Earl of Warwick, as that man was: Whereunto the Sheriff answered, that he did it at the request of some of the King's Household upon their Letters. And because the Sheriff did acknowledge the receipt of the King's Letters, thereupon he was committed to Prison, according to the form of the Statute.  
To this I answer, that the Sheriff was justly punished, for that he is expressly bound by the Statute of West. 1. which was agreed from the beginning. But this is no proof that the Judges had not power to bail this man.  
The next Authority is 33. 
Object. 2.  Henry 6. in the Court of Common Pleas, fol. 28. b. 29. where Robert Poynings Esq was brought to the Bar upon a Capias, and it was returned, that he was committed per duos de Concilio (which is strongest against what I maintain) pro diversis causis Regem tangentibus, And he made an Attorney there in an Action: Whence it is inferred, that the Return was good, and the Party could not be delivered.  
To this the answer is plain. First, 
Resp.  no Opinion is delivered, in that Book, one way or other upon the Return, neither is there any testimony whether he were delivered or bailed, or not.  
Secondly, it appears expressly that he was brought thither to be charged in an Action of Debt at another man's Suit, and no desire of his own to be delivered or bailed: and then, if he were remanded, it is no way material to the question in hand.  
But that which is most relied upon, 
Object. 3.  is the Opinion of Stanford in his book of the Pleas of the Crown Lib. 2. cap. 18. fol. 72. 73, in his Chapter of Mainprize, where he reciteth the Chapter of West. 1. cap. 15. and then saith thus: By this Statute it appears, that in 4. Causes at the Common Law a man was not replevisable; to wit, those that were taken for the death of a man, by the command of the King, or of his Justices, or for the Forest. Thus far he is most right. Then he goeth on and saith; As to the command of the King; that is understood of the command by his own mouth, or his Council, which is incorporated unto him and speak with his mouth; or otherwise every Writ of Capias to take a man (which is the King's command) would be as much. And as to the command of the Justices, their absolute commandment; for if it be their ordinary Commandment, he is replevisable by the Sheriff, if it be not in some of the Cases prohibited by the Statute.  
The answer that I give unto this is, that Stamford hath said nothing whether a man may be committed without cause by the King's command, or whether the Judges might not bail him in such Case; but only that such an one is not replevisable; which is agreed; for that belongs to the Sheriff: and because no man should think he meant any such thing, he concludes his whole sentence touching the command of the King and the Justices, that one committed by the Justice's ordinary command is replevisable by the Sheriff; So either he meant all by the Sheriff; or at least it appears not that he meant, that a man committed by the King or the Privy Council, without cause, is not bailable by the Justices: and then he hath given no opinion in this Case. What he would have said, if he had been asked the question, cannot be known: Neither doth doth it appear by any thing he hath said, that he meant any such thing as would be enforced out of him.  
And now, my Lords, I have performed the command of the house of Commons, and (as I conceive) shall leave their Declaration of personal liberty an ancient and undoubted truth, fortified with seven Acts of Parliament, and not opposed by any Statute or Authority of Law whatsoever.  

The Objections of the King's Council, with the Answers made thereunto at the two other conferences touching the same matter.  
IT was agreed by Master Attorney General, that the seven Statutes urged by the Commons were in force, and that Magna Charta did extend most properly to the King, But he said, that some of them are in general words, and therefore concluded nothing; but are to be expounded by the Precedents, and others, that be more particular; are applied to the suggestions of Subjects, and not to the Kings command simply of itself.  
Hereunto is answered, that the Statutes were as direct as could be, which appeareth by the reading of them, and that though some of themspeak of suggestions of the Subjects, yet others do not; and they that. do, are as effectual; for that they are in qual reason; a commitment by the command of the King being of as great force when it moveth by a suggestion feom a Subject, as when the King taketh notice of the cause himself; the rather, for that Kings seldom intermeddle with matters of this nature, but by information from some of their People.  
2. Master Attorney objected, that per legem terrae in Magna Charta (which is the Foundation of this question) cannot be understood for process of the Law and Original Writ: for that in all Criminal proceedings no Original Writs is used at all, but every Constable may arrest, either for felony, or for breach of the Peace, without process or Original Writ: And it were hard the King should not have the power of a Constable: and the Statutes cited by the Commons make process of the Law, and Writ Original to be all one.  
The Answer of the Commons to this Objection was, that they do not intend Original Writs only by the Law of the Land, but all other legal process which comprehend the whole proceedings of Law upon the cause; other than the trial by Jury, per judicium parium, unto which it is opposed. Thus much is imposed ex vi termini, out of the word process, and by the true acceptation thereof in the Statute have been urged by the Commons to maintain their declaration; and most especially in the Statutes of 25. Edward 3. c● p. 4. where it appeareth, that a man ought to be brought in to answer by the course of the Law, having made former mention of process made by Original Writ. And in 28. Edward 3. cap. 3. by the course of the Law, is rendered by due process of the Law. And 36. Edward 3. Rot. Parl. nu. 20. the Petition of the Commons saith, 
〈…〉  that no man ought to be imprisoned by special command without Indictment, or other due process to be made by the Law. 37 Edward 3. cap 18. calleth the same thing process of the Law. And 42. Edward 3. cap. 3. styleth it by due process and Writ Original; where the Conjunctive must be taken for a Disjunctive; which change is ordinary in exposition of Statutes and Deeds to avoid inconveniences, and to make it stand with the rest, and with Reason, and it may be Collected, that by the Law of the Land in Magna charta; by the course of the Law in 2 5. Edward 3. by due process of the Law in 28. Ed. 3. other due process to be made by the Law 36. Edward 3. process of the Law 37. Edward 3. and by due process and Writ Original 42. Edward 3. are meant one and the same thing; the latter of these Statutes referring always to the former; and that all of them import any due and regular proceeding of Law upon a cause, other than a trial by Jury. And this appeareth Cook 10. 74. in the case of the Marsha●●●c; and Cook. 1.99. Sir. James Bagg's case, where it is understood of giving jurisdiction by Charter or Prescription, which is the ground or a proceeding by course of Law; and in S●ld●rs Notes ou 〈◊〉 fol. 29. where it is expounded for Wager of Law, which is likewise a TRIAL at Law by the Oath of the party, differing from that of Jury: and it doth truly comprehend these and all other regular proceedings in Law upon cause, which gives authority to the Constable to arrest upon cause; and if this should not be the true exposition of these words (per legem terrae) the King's Council were desired to declare their meaning; which they never offered to do; And yet certainly, these words were not put into the Statute, without some intention of consequence.  
And thereupon M. Serjeant Ashley offered an interpretation of them thus; namely, that there were divers Laws of this Realm; As the Common Law; the Law of the Chancery; the Ecclesiastical Law; the Law of Admiralty or Marine Law; the Law of Merchants; the Martial Law; and the Law of State: And that these words, (per legam terrae) do extend to all those Laws.  
To this it was answered, That we read of no Law of State, and that none of those Laws can be meant there, save the Common, which is the principal and general Law, and is always understood by way of Excellency, when mention is made of the Law of the Land generally; and that though each of the other Laws which are admitted into this Kingdom by Custom or Act of Parliament, may justly be called a Law of the land; yet none of them can have that preeminency to be styled the Law of the Land; and no Stature, Law-book, or other Authority, printed or unprinted, could be showed to prove that the Law of the Land, being generally mentioned, was e●er intended of any other Law than the Common Law (and yet, even by these other Laws a man may not be committed without a cause expressed) but it standeth with the Rule of other legal expositions, that per legem terrae, must be meant the Common Law, by which the general and universal Law by which men hold their Inheritances, and therefore if a man speak of Escuage generally, it is understood (as Littleton observeth plt, 99) of the incertain Escuage, which is a Knights serviec tenure for the defence of the Realm by the body of the Tenant in time of War; and not of the certain Escuage which giveth only a contribution in money, and no personal service. And if a Statute speak of the King's Courts of Record, it is meant only of the four at Westminster by way of Excellency: Cook. 6. 20. Gregory's case. So the Canonists, by the Excommunication, if simply spoken, do intent the greater Excommunication; and the Emperor in his Institutions, saith, that the Civil Law being spoken generally, is meant of the Civil Law of Rome, though the Law of every City is a Civil Law, as when a man names a Poet, the Grecians understand Homer, the Latinists Virgil.  
Secondly, admit that per legem terrae extend to all the Laws of the Land; yet a man must not be committed by any of them, but by the due proceedings that are exercised by those Laws, and upon cause declared.  
Again it was urged, that the King is not bound to express a cause of imprisonment; because there may be in it matter of State not fit to be revealed for a time, lest the Confederates thereupon make means to escape the hands of Justice: and therefore the Statutes cannot be intended to restrain all Commitments, unless a cause be expressed; for that it would be very inconvenient and dangerous to the State to publish the cause at the very first.  
Hereunto it was replied by the Commons, That all danger and inconvenience may be avoided by declaring a general Cause; as, for Treason; for suspicion of Treason, Misprision of Treason, or Felony, without specifying the particular; which can give no greater light to a confederate then will be conjectured by the very apprehension or upon the imprisonment, if nothing at all were expressed.  
It was further alleged, that there was a kind of contradiction in the Position of the Commons, when they say, that the party committed without a cause showed, aught to be delivered or bailed; bailing being a kind of imprisonment, delivery a total freedom.  
To this it was answered, that it hath always been the discretion of the Judges to give so much respect to a commitment by the Command of the King or the privy Council, (which are ever intended to be done on just and weighty causes) that they will not presently set him free, but bail him to answer what shall be objected against him on his Majesty's behalf: But if any other inferior Officer commit a man without cause showed, they do instantly deliver him as having no cause to expect their pleasure; so the delivery is applied to an imprisonment by the command of some mean Minister of justice; bailing when it is done by the command of the King or his Council.  
It was urged by Master Attorney, That bailing is a grace and favour of a Court of Justice, and that they may refuse to do it. This was agreed to be true in divers cases, as where the cause appeareth to be for felony, or other crime expressed; for that there is another way to discharge them in convenient time, by their trial; (And yet in those cases the constant practice hath been, anciently and modernly to bail men) but where no cause of the imprisonment is returned, but the command of the King, there is no way to deliver such persons, by trial or otherwise, but that of Habeas Corpus, and if they should be then remanded, they may be perpetually imprisoned, without any remedy at all, and consequently, a man that had committed no Offence might be in worse case than a great Offender; for, the latter should have an ordinary trial to discharge him, the other should never be delivered.  
It was further said, that though the Statute of West. I. cap, 15. as a Statute, by way of provision did extend only to the Sheriff; yet the Recital in that Statute, touching the 4. Causes wherein a man was not replevisable at Common Law (namely those that were committed for the death of a man; by the command of the King, or the Justices, or for the Forest) did declare that the Justices could not bail such an one, and that Replevisable and bailable were Synonyma, and all one. And that Stanford (a Judge of great authority) doth expound it accordingly; and that neither the Statute not He say replevisable by the Sheriff, but generally without restraint; and that if the Chief Justiee committed a man, he is not to be enlarged by another Court, as appear in the Register.  
1. To this it was answered; First, that the Recital and Body of the Statute relate only to the Sheriff, as appear by the very words.  
2. That Replevisable is not restrained to the Sheriff; for that the word imports no more, that a man committed by the Juftice is bailable by the Court of the King●s Bench.  
3. That Stamford meaneth all of the Sheriff, or at the least he hath not sufficiently expressed that he intended the Justices.  
4. It was denied that Replevisable and Bailable are the same: For, they differ in respect of the place where they are used, Bail being in the King's Courts of Record, Replevisable before the Sheriff. And they are of several Natures, Replevisable being a letting at large upon Sureties; Bailing, when one Traditur in ballium, and the bail are his Jailers, and may imprison him, and shall suffer body for body; which is not true of replevying by Sureties. And Bail differeth from Mainprize in this, that Mainprize is an undertaking in a sum certain, Bailing to answer the condemnation in civil Causes, and in criminal body for body.  
And the Reasons and Authorities used in the first conference were then renewed, and no exception taken to any, save that in 22. Henry 6. it doth not appear that the Command of the King was by his mouth (which must be intended) or by his Council (which is all one, as is observed by Stamford) for the words are, that a man is not replevisable by the Sheriff, who is committed by the Writ or Commandment of the King.  
21. Edward 1. Rot. 2. dorso was cited by the King's Counsel, But it was answered, that it concerned the Sheriff of Leicestershire only; and not the power of the Judges.  
33. Henry 6. the King's Attorney confessed was nothing to the purpose; and yet that Book had been usually cited by those that maintain the contrary to the declaration of the Commons; 
No.  and therefore such sudden opinion as hath been given thereupon is not to be regarded, the Foundation failing.  
And where it was said, that the French of 36. Edward Rot. Parl. n. 9 (which canreceive no answer) did not warrant but what was enforced thence; but that these words, (Sans disturbance metre, ou arrese fair, & l'encontre per special mandement on en autre manere) must be understood, that the Statutes should be put in execution without disturbance or stay; and not that they should be put in execution without putting disturbance or making arrest to the contrary by special command, or in other manner. The Commons did utterly deny the interpretation given by the King's Council; and to justify their own, did appeal to all men that understood French, and upon the seven Statutes did conclude, that their Declaration remained an undoubted truth, not controlled by any thing said to the contrary.   

The true Copies of the Records not printed which were used on either side in that part of the deba e.  
Inter. Record. Domini Regis Caroli in Thesaurar. recep. 〈◊〉. sui sub Custodia Domini Thesaurar. & Camer. ibidem remanen. videlicet Plac. coram ipso Domino Rege & Concilio suo ad Parliamentum su●m post Pasc. apud London in Ma●erio Arch●●piscopi Ebor. Anno Regni Domini Regis Edwardi 21. in't. al. sic. continetur ut sequitur.  

Rot. Secundo in Dorso.  
STephanus Rabar. 
Vic. Leicester.  Vic. Leic. & Warr. coram ipso Domino Rege & ejus Concilio arrenatus & ad rationem positus de hoc quod cum Johan. Boutet●urte, Edw. Del Hache, & W. Havelin nuper in bal. ipsus Vic. per Dominum Regem fuissent assignat. ad Goales Domini Regis deliberand. idem Vic. quendam Wi●hel. de Petling per quendam Appellatorem ante adventum eorum justic. ibidem appellatorem & Captum vivente ipso Appellatore usque diem de liberationis coram eye sact. dimisit per plevinam contra formam Statuti etc. Et etiam quendam Radum de Cokehal, qui de morte horninis judicatus fuit, & per eundem Vic. Captus, idem Vic. per plevinam dimisit contra formam Statuti, & etiam eundem Radum fine ferris coram eisdem Justic. ad deliberationem praed. produxit contra consuetudinem Regni. Et sci. quendam Wilh. fllium Walteri la persone, qui per praeceptum Com. War. Captus fuit, per plevinam contra praeceptum Domini Regis, cum idem Dominus Rex per literas suas sub privat. sigillo suo eidem Vic. praecepit quod nulli per praecept. praed. Com. War. capt. aliquam gratiam faceret etc. Et super hoc praefat. Johannes Botetourte, qui praesens est, & qui fuit primus Justic. praedictorum praemissa recordatur. Et praedicuts Vic. dicit quoad praedictum Wilh. de Petling, quod ipse nunquam a tempore Captionis ipsius Wilh per praed. Appellat. dimissus fuit per plevinam aliquam ante adventum praedictorum Justic. Imo dicit quod per dimidium Annum ante adventum eorundem Justic. captus fuit & semper detent. in prisona absque plevina aliqua quousque coram eis damnat. fuit. Et quoad praedictum Radum bene cognoscit quod ipse dimisit eum per plevinam, & hoc bene facere potuit ratione & authoritat. Officii sui, eo quod capt. fuit pro quadam simplic. transgr. & non pro aliqua felon. pro qua replegiari non potuir. Et quoad tertium, videlicet Wilh. silium persone, bene cognoscit quod ipse Captus fuit per praecept. praed. Com. War. & quod dimisit eum per plevinam; Sed dicit quod hoc fecit ad rogatum quorundam de hospitia & cur. Domini Regis etc. qui eum inde specialiter rogaverunt per literas suas. Et super hoc idem Vic. quaesit. per Dominum Regem quis eum rogavit & literas suas ei direxit, & ubi literae illae sunt, dicit quod Walt. de Langton eum per literas suas inde rogavit; Sed dicit quod literae illae sunt in partibus suis Leic. Et super hoc idem Vic. profert quoddam brev. Domini Regis de privat. Sigillo eidem Vic. direct. quod testatur quod Dominus Rex ipsi Vic. praecepit quod omnes illos trangressores contra pacem & de quibus. Com. War. ei scire faceret, caperet. & salvo custodiret absque aliqua gratia ei faciend. Et quia praed. Iustic. expresse recordatur quod ipse & socii sui per bonum & legalem inquis. de Militibus. & al. liberis. hominib. eye fact. invenerunt quod praedictus Gulielmus de Petlenge dimissus fuit per plevinam per mag-num tempus ante adventum eorund. Justic. usque adventum eorund. & per Vic. praed. & etiam quia praed. Vic. cognoscit quod praedictus Rad. dimissus fuit per plevinam per ipsum, un. & hoc dicit quod bene facere potuit eo quod captus fuit pro levi transgr. Et per Record. ejusdem Justic. comp. est quod captus fuit pro morte hominis, quod est contrarium dec. praedicti vic. & scil. quia idem vic. cognovit quod recepit literam Domini Regis per quam Rex ei praecepit quod nullam gratiam faceret illis qui capti fuerunt per praeceptum praedicti Com. Et idem Vic. contra praeceptum illud dimisit praedictum Wilh. filium Walteri per plevinam, qui captus fuit per praeceptum praedicti Com. prout idem Vic. fatetur. Et sic tam ratione istius transg. quam aliarium praedictarum incurrit in poenam Statuti, cons. est quod praedictus Vic. Committatur prisonae juxta formam Statuti etc.   

Ex Rot. Paliamenti de Anno Regni Regis Edwardi tertii Tricesimo quinto n. 9  
PRimerement que le grande Charter, & la Charter de la Forreste, & les autre Estatutes faits en son temps, & de ses progenitors pur profit de luy & de la come, soient bien & ferment guards, & mis en due execution sans disturbance mettre ou arrest fair, & l'ccontre per special mandement ou en autre manere.   

Respons.  
Nostre Sr. le Roy per assent de Prelates, Domines, Comites, Barones & lafoy Come ad ordain & estabili que les dits Charters & Estatutes soient tenus & mis en execution selon la dit Petition.   

Nu. 2.  
Item come ilsolt contenus en lagrand Charter et autres Estatutes que nul homme soit pris nemy prisoner per especial mandement sans Enditement aut autre due proces affaire per la ley, et sonent foitz ad estre et uncore est, que plusurs gentz sont empeschez, pris et imprisone sans Enditement ou autre proces fait per la ley sur eux, sibien de chose fait hors de la Forrest le Roy come per autre cause que plese a nostre dit Sr. comander et deliver ceux que sont issint pris per tiel especial mandement contre la forme des Charters et Estatutes avanditz. Respons.  
Il plest au Roy, & sinulse sente greve vingne & face la pleinte, & droit luy sera fait.   

33. Parl. Anno 42. Edward 3. n. 12.  
Item pur ceo que plusours de vostre Come son tamerce & disturbs per faulx accusors quenx font lour accusements plus pur lour vengeances & singulers profits que pur le profit de Roy ou de son peuple, et les accuses per cux ascuns ont est pris & ascuns sont fair ven. deut le Conceil l● Roy per brief on autre mandement de Roy sub gra●de pain encounter laley, Please a nostre Sr. le Roy & son Counceil pur droit gouvernment de son peuple ordeign que si desire ascun accusors purpose ascun matire pur prosit du Roy que cele matire soit mander a ses Justices del'un Banke ou del'autre, ou d' Assizes dent inquire & terminere selonque laley, & si le touche lai onsour ou party eit sa so●t a la come ley, & que null home soit mis a respondre sans presentment deut Justices, ou chose de Record, ou per due process et brief original, s●lon l'ancient ley de la terre, & si rien desire enovant soit fait a l'enco●tre, soit voide en ley, & tenu pur Error. Respons.  
Pur ceo que ceste Article est Article de la grande Charter le Roy voet qne ceo soit fait come la Petition demand.   

Ex Rot. Claus. Anno Regis Edwardi primi primom. 1.  
Thomas de Clirowe de Blechweth captus & detentus in prisona North. 
De ponend. per Ballium.  pro transgr. Forrest. habet literas Rogero de Clifford Justice. Forrest. citra Trentam quod ponatur per ballium, dat. apud S. Martium Magnum London 20. die Octobris.   

M. 7.  
Stephanus de Li dely captus & detent. in prisona Regis pro trans. per ipsum fact. in ha. Regis de Lyndeby habet literas. Regis Galfrido de Nevil Justice. ultra Trent. quod ponatur per Ballium.   

M. 9.  
Thomas Spademan captus & detent. in prisona Oxon. pro morte Wilh. Win. unde rectat. est & habet literas Regis Vic. Oxon. quod ponatur per ballium. ibidem.  
Gulielmus de Dene, Mathaeus Crust, Roger de Bedell, Gulielmus Halfrench, Robertus Wyant, Alex. Horeux, Henric. de Shorne, Nicholaus de Snodilond, Turgisius de Hertfield, Robertus de Pole, & Richardus Galiot capti & detent. in prisona de Cantuar. pro morte Galfridi de Catiller unde appellat. sunt, habent literas Regis Vic. Canc. quod ponantur per ballium Dat. &c, 23. die Martii.   

Claus. Anno secundo Edwardi primi M. 12.  
Rex Rogero de Cliffi Justic. Forrest citra Trent. Mandamus yobis quod si Robertus Unwyne captus & detent. in prisona nostra de Aylesburie pro transgr. Forrestae nostrae, invenerit vobis duodecim probos & legales homines de balliva vestra qui manucapiant eum habere coram Justic. rostris ad plac. Forrest. cum in parte etc. ad stand. inde rect. tunc apud Robertum si secund. assiam. Forreste fuerit repleg. praedictis 12. interim tradit. in ballium sicut praedictum est. Et habeatis nomina illorum 12. hominum & ho. bre. Dat. 27. die Februarii.   

Clauso Anno secundo Edwardi primi. M. 14.  
Vnwynus de Boycot, 
Deponend. p●● ballium.  Gaf. de Wykenn & Hugh de Stowe detent. in prisona Regis de Aylesburie pro trangressione Venationis habuer. bre. direct. Regis de Clifford Justice. Forrest quod secundum assiam Forrest fuerint repleg. ponantur per ballium usque adventum Justice. Regis ad plac. Forreste cum in parts illas venerit. Dat. apud Codington 28. die Decembris.   

M. 15.  
Gilbertus' Conray de Kedington, & Hugh le Tailor de Kedington capti & detent. in prisona de secundo Edwardo pro morte Edwardi Butting, unde rectati sunt, habuerunt literas Regis Vic. Suff. quod ponantur per ballium.   

Clauso Anno 3. Edwardi primi. M. 11.  
Galfr. de Hayerton captus & detent. in prisona Regis Ebor. pro morte Ade le Clerc. unde rectatus est, habet literas Regis Vic. Ebor. quod ponatur per ballium. Dat. apud W. 15. die Junii.   

M. 20.  
Robertus Belharbe captain. & detent. in prisona Regis de Newgate pro morte Thomae Pollard. unde rectat, est, habet literas Regis Vic. Midd. quod ponatur per ballium. Dat. 28. die Februarii.   

Clauso Anno quarto Edwardi primi. M. 5.  
Mand. est Rad. de Sanadwico quod si Gulielmus de Pattare & Johannes filius ejus, Walterus Home, Walt. Jorven, Henricus Pothe & Gulielmus Cadegan capti & detent. in prisona Regis de secundo Brianello pro trans. Forrest unde rectati sunt, invenerunt sibi duodecim probos & legales homines de balliva sua, viz. quilibet eorum duodecim qui eos manucap. habere coram Justic. Regis ad plac. Forrest. cum in partes ill. venerent, ad stand. inde recto, tunc ipsos Willhelmum, Johannem, Walterum, Walterum, Henricum & Willh. praed. duodecim. scil. secundum assiam Forreste fuerint repleg. tradat in ballium ut praedictum est, Et habeat ibi nomina illorum duodecim hominum, & hoc. bre. T. Rege apud Bellum locum Regis 29. die Augusti.   

Clauso Anno quarto Edwardi primi. M. 16.  
Henricus filius Rogeri de Ken de Cottesbrook, 
Deponend. Par. ballium.  captus & detent. in prisona nostra North. pro morte Simonis le Charetter unde appellatus est, habet literas Regis Vic. North. quod ponit. per ballium.   

Clauso Anno quinto Edwardi primi. M. 1.  
Mand. est Galfrido de Nevil Justic. Forreste ultra Trent. quod si Walter de la Grene captus & detent. in prisona de Nott. pro trans. Forreste invenerit sibi duodecim probos & legales homines qui eum manucapiant etc. ad stand. inde rect. secundum assiam Forreste Regis, tunc ipsum Walterum praedictis duodecim tradat in ballium sicut praedictum est. Dat. decimo sexto die Novembris.   

M. 2.  
Thomas de Upwel & Jul. uxor ejus capt. & detent. in prisona de Wynbole pro morte Stephani Southell unde rectati sunt habuer. litter. Vic. Norff. quod ponantur per ballium. Dat apud Rocheland 28. die Septembris.   

Clauso Anno sexto Edwardi primi. M.  
Bilherus Pesse captus & detent. in prisona Regis de Norwich pro morte Jul. quond. uxoris suae unde rectatus est, habet literas Vic. Norff. quod ponatur per ballium, T. Rege apud Westmonast. 12. Novembris.   

M. 4.  
Mandate. est Vic. Nott. scilicet quod si Thomas de Cadrte rectatus de transg. Forrest quam fecisse dicebatur in Forresto de Shirwood, invenerit sibi sex probos & legales homines de balliva sua qui eum Reg. ad stand. rect. coram R. cum R. inde manucap. habere coram Rege ad manned. verse. eum loqui voluerit, tunc praed. Tho. praed. sex hominib. tradat in ballium juxta manucaptionem supradictam. Dat. decimo quinto die Decembris.   

M. 4.  
Thorn. Burell Capt. & detent. in prisona Regis Exon. pro morte Galf. Giffarde unde rectat. est, habet litteras Vic. Devon. quod ponatur per ballium.   

Clauso Anno 3. Edwardi secundi. M. 13.  
Adem le Piper Capt. & detent. in Gaol Regis Ebor. pro morte Henr. 
Adam deponend. in ball.  le Simer de Escricke unde rect. est, habet literas Regis Vic. Ebor. quod ponatur per ballium usque ad prim. assiam. T. Rege apud Westm. septimo die Febr.   

M. 14.  
Margareta uxor Wilh. Calbot capta & detent. in Gaol Regis Norwic. pro morte Agnetis filiae Wilh. Calbot. & Martil. soror. ejusdem Agnet. unde rectata est, habet literas Regis Vic. Norff. quod ponatur per ballium. T. Rege apud Shene 22. die Jan.   

M. 18.  
Johannes Frere Capt. & detent. in Gaol Regis Exon. pro morte Ade de Egelegh unde rectat. est, habet literas Regis Vic. Devon. quod ponatur per ballium. T. Rege apud Westm. 8. die De●embris.   

Clauso Anno quarto Edwardi Secundi. M. 7.  
Robertus Shereve capt. & detent. in Gaol Regis de Colcestr. pro morte Robertile M●igne unde in●i●tat. est, habet literas Regis Vic. Essex, quod ponatur in ballium usque ad pri. assiam. Dat. 22. die Maii.   

M. 8.  
Wilh. filius Rogerile Fishere de Shurborne capt. & detent. in Gaol Regis Ebor. pro morte Roberti le Monnour de Norton unde rectatus est, habet literas Regis Vic. Ebor. quod ponatur per ballium usque ad pri. Assiam, Dat. 25. Die April.   

Clauso Anno quarto Edwardi secundi. M. 22.  
Thom. Ellys de Stamford capt. & detent. in prisona Regis Lincoln. pro morte Michael. filii Wilh. de Foderingey unde rectatus est, habet literas Regis Vic. Linc. quod ponatur in ballium usque ad pri. Assiam. T. Rege apud novam West. octavo die Septembris.   

Patent. Anno octavo Edwardi pars prima membr. 14.  
Rex omnib. ad quos etc. Salutem. Sciatis quod cum Georgius De Rupe de Hiber. 
Pro Georgio de Rupe.  defunctus pro eo quod ad Parliamenta apud Dublin in Hibern. Ann. Regni Domini Edwardi nuper Regis Angl. praec. nostrivicesimo, & Anno Regni nostri secundo tenta, non venit prout summonitus fuit, ad ducentas marcas amerciatus fuisset ut accipimus, Ac Johannes filius praedicti Georgii nobis supplicaverit ut habito respectu ad hoc quod praedictus pater suus se a Parliamentis praedictis causa in obedientiae non absentavit, per quod ita excessive amerciari deberet, Velimus concedere, quod amerciamenta illa quae ab ipso Johanne ad opus nostrum per summonitionem Sccii nostri Dublin jam exigunt, juste moderentur. Nos volentes cum eodem Johanne gratiose agere in hac parte, Volumus & concedimus quod decem librae tantum de praedictis ducentis marcis ad opus nostrum ex causis praemissis leventur; Et praefatum Johannem de toto residuo earundum ducentarum marcarum tenore praesentium quietamus. In Cujus. etc. T. Rege apud Novum Castrum super Tynam.   

Per Petitionem de Concilio apud Novum Castrum super Tynam.  
Et mandat. est Thomae & Camerar. de Sccio. Dublin quod praedictas decem libras de praedictis ducentis marcis de praefato Johanne ad opus Regis levent, & ipsum Johannem de toto residuo inde addict. Sccam. exonerari & quietum esse fact. T. ut supra.  
Per eandem Petitionem   

Patent. vicesimo septimo Edwardi tertii pars prima membr. 13.  
Rex omnibus ad quos etc. Salut. Sciatis quod de gra. 
Pro jacobo de Audele de non veniendo ad Parliamenta.  nostra speciali Concessimus pro nobis & hered. nostris dilecto, & fideli nostro jacobo Daudle de Helegh quod ipse ad to tam vitam quietus sit de veniendo ad Parliamenta & Conciiia nostra & hered. nostrorum ac etiam ad congregationes Magnatum & procerum ad mandata nostra vel heredum nostrorum ubicunque faciend. Ita quod idem Jacobus, quoad vixerit ra●ione non adventus sui ad Parliamenta, Concilia, seu Congregationes hujusmodi, seu Personalis Comparationis in eisdem per nos vel heredes nostros aut ministros nostros quoscunque non impetatur, occasionetnr aliqual. seu gravetur. Concessimus insuper pro nobis & ●ered. nostris praefato jacobo quod ipse toto tempore vitae suae ad laborand. de guerra in servitiis nostris vel hered. nostrorum seu ad homines ad arma, hobelarios, vel sagitarios in hujusmodi servitiis ex nunc inveniend. extta Regnum nostrum Angl. nisi cum Regale servitium nostrum aut heredum nostrorum summonitum fuerit, contra voluntatem suam nullatenus Compellatur, nec ea de causa aliquali er impetatur, Ita semper quod idem Jacobus cum hominibus ad arma & aliis armatis pro defensione Regni nostri Angl. infra idem Regnum quoties aggressus inimicorum nostrorum aut aliud periculum vel necessitas eidem Regno immineant una cum aliis fidelibus nostris ipsius Regni proficiscat. & homines ad arma, hobelar. & sagittar. juxta statum suum sicut Caeteri de eodem Regno ea de causa invenire teneatur. In Cujus rei etc. T. Rege apud West. 20. die April.  
per ipsum Regem.   

Patent. 42. Edwardi. 3. part. secunda mem. 13.  
Rex omnibus Ball. 
Pro Roberto de Insula milite de nonv● endo ad Parliament.  & fidelibus suis ad quos etc. Salutem. Sciatis quod de gra. nostra speciali concessimus pro nobis & hered. nostris dilecto & fideli nostro Roberto de Insula mil. fil. & heredi Johannis de Insula, quod idem Robertus ad totam vitam suam hanc habeat libertatem, videlicet, quod ad Parliamenta seu Concilia nostra vel hered. nostrorum ex quacunque causa venire minime teneatur. Et quod ipse in aliqua Jurata, attincta aut magna Assisas nos vel heredes nostros tangent. aut aliis Juratis, attinctis aut assizis quibuscunque non ponatur etc. Et ideo Vobis mandamus quod praedictum Robertum contra hanc concessionem nostram non molestetis in aliquo seu gravetis. In Cujus etc. T. Rege apud West. 24. die Novembr  
per breve de privato Sigillo.   

Pat. 34. Henric. sext. membr. 23.  
Rex omnibus ad quos etc. 
Pro Rich. Duce Ebor. de tenend. Parliamentum nomine Regi●.  Salut. Sciatis quod cum pro quibusdam arduis & urgentibus negotiis nos statum & defensionem Regni nostri Angl. ac Ecclesiae Anglicanae contingentibus, quoddam Parliamentum nostrum nuper apud Palatium nostrum West. teneri, & usque ad duodecim. diem hujus instantis mensis Novembr. ad idem Palatium nostrum adjornari & prorogari ordinaverimus, quia vero dicto Parliamento nostro propter certas justas & rationabiles causas in persona nostra non potuetuerimus interesse, Nos de circumspectione & industria Carissimi Consanguinei nostri Rich. Ducis Ebora. plenam fiduciam reportantes, eidem Consanguineo nostro ad Parliamentum praedictum nomine nostro tenend. & in eod. procedend. & ad faciend. omnia & singula quae pro nobis & per nos pro bono regimine & gubernatione Regni nostri praedicti ac aliorum Dominorum nostrorum eidem Regno nostro pertinent. ibidem fuerint faciend. nec non ad Parliamentum illud finiend. & dissolvend. de assensu Concilii nostri plenam tenore praesentium Commisimus potestatem. Dantes ulterius de assensu ejusdem Concilii nostri tam universis & singulis Archiepiscopis, Episcopis, Abbatibus, Prioribus, Ducibus, Comitibus, Vice-comitibus, Baronibus & Militibus cum omnibus aliis quorum interest ad Parliamentum nostrum praedictum conventur. scilic. tenore praesentium firmiter in mandatis quod eidem Consanguineo nostro intendant in praemissis in forma praedicta. In Cujus etc. T. Rege. apud West. II. die Novembr. Per breve de privato Sigillo & de dat. praedict. etc.   

Pat. 24. Henric. 6. memb. 19 pars prima.  
Rex omnibus Balliis & fidelibus suis ad quos etc. 
De non veniend. ad Parlia. Lovel.  Salut. Sciatis quod cum ubi Wilh. Lovel miles ad Parliamenta & Concilia nostra ad mandatum nostrum, venire teneatur, hinc est quod idem Wilhelmus, ob divers. infirmat. quibus detinetur, absque maximo corporis sui periculo ad Parliamenta & Concilia praedicta laborare non sufficit, ut informamur. Nos praemissa, ac bona & gratuita servitia quae idem Wilh. tam patri nostro defuncto quam nobis in partibus transmarinis impendit, & nobis in in Regno nostro Angl. impendere desiderat Considerantes, de gratia nostra speciali Concessimus eidem Wilh. quod ipse durante vita sua per nos vel hered. nostros ad veniend. ad Parliamenta seu Concilia nostra quaecunque tent. sive in posterum tenen. contra voluntatem suam non arctetur nec Compellatur quovis modo, Sed quod ipse ab hujusmodi Parliamentis & Conciliis in futur. se absentare possit licite & impune, aliquo Statuto, Actu, Ordinatione. sive Mandaro inde in Contrarium fact. ordinat. sive provis. non obstant. Et ulterius volumus, & eidem Wilhelmo per praes. Concedimus quod absentatio hujusmodi non cedat ei in damnum seu prejudicium quoquo modo, Sed quod praes. Carta nostra de exemptione, per praefatum Wilh. seu alium quemcunque nomine suo in quibuscunque locis infra Regnum nostrum Angl. demonstrat. super demonstratione illa eidem Wilh. valeat & allocetur, Proviso semper quod idem Wilh. ad voluntatem suam, & heredes sui loca sua in Parliamenta & Conciliis praedictis habeant & teneant, prout idem Wilh. & antecessores sui in hujusmodi Parliamentis & Conciliis ab antiquo habuerunt & tenuerunt, Concessione nostra praedicta non obstante. In Cujns. etc. T. Rege apud West. quarto die Febr.  
Per breve de privato sigillo & de data praedicta authoritate Parliamenti.   

Clauso Anno 27. Henric. 6. m. 24. dorso.  
Rex dilecto & fidel. suo Hen. 
summonit. Parliamenti.  Bromflete Militi Baroni de Vescy Salutem. Quia & Volumus enim vos & heredes vestros masculos de Corpore vestro legitime exeuntes Barones de Vessey existere. T. Rege apud West. 24. die Januar.   

Pat. 34. Henric. sext. membr. 13.  
Rex concessit Hen. Bromflete militi domino Vessey qui senio & tantis infirmitatibus detentus existit, 
Pro Henrico. Dom. Vessey de exemptione.  quod absque maximo Corporis sui periculo labor. non sufficit, quod ipse durante vita sua ad personalit. veniend. ad person. Regis, per aliquod breve sub magno vel privato sigillo, aut per literam sub sigillo Signeti Regis, vel per aliquod ad aliud mandatum Regis vel hered. suorum seu ad aliquod Concilium, sive Parliamentum Regis vel hered. suorun ex nunc tenend. nullatenus arctatur neque compellatur Contra voluntat. suam etc. T. Rege apu● West. 13. die Maii.  
Per ipsum Regem de dat. praedicta auctoritate Parliamenti.     

A SPEECH Delivered in the Lower House of PARLIAMENT Assembled at OXFORD: In the first year of the Reign of KING CHARLES', I.  
By Sir ROBERT COTTON Knight and Baronet.  
LONDON: Printed in the Year 1672.   

A SPEECH Delivered in the Lower House of PARLIAMENT Assembled at OXFORD: In the first year of the Reign of King CHARLES.  
Mr. SPEAKER,  
ALthough the constant Wisdom of this House of Commons did well and worthily appear in censuring that ill advised Member the last day, for trenching so far into their ancient Liberties, and might encourage each worthy Servant of the public here to offer freely up his Council and opinion: Yet since these Walls cannot conceal from the Ears of captious, guilty and revengful men without, the Council and debates within: I will endeavour, as my clear mind is free from any personal distaste of any one, so to express the honest thoughts of my Heart, and discharge the best care of my trust, as no person shall justly tax my innocent and public mind, except his Conscience shall make him guilty of such Crimes as worthily have in Parliament impeached others in elder times. I will therefore, with as much brevity as I can, set down how these disorders have by degrees sprung up in our own memories; how the Wisdom of the best and wisest Ager did of old redress the like. And lastly, what modest and dutiful course I would wish to be followed by ourselves in this so happy Spring of our hopeful Master. For (Mr. Speaker) we are not to judge, but to present: The redress is above ad Querimoniam Vulgi.  
Now (Mr. Speaker) so long as those attended about our late Sovereign Master, now with God, as had served the late Queen of happy memory, debts of the Crown were not so great; Commissions and G●ants not so often complained of in Parliaments; Trade flourished; Pensions not so many, though more than in the late Queen's time: for they exceeded not 18000. l. now near 120000. l. All things of moment were carried by public debate at the Council-Table; No honour set to sale; nor places of Judicature. Laws against Priests and Recusants were executed: Resort of Papists to Ambassadors houses barred and punished; His Majesty by daily direction to all his Ministers, and by his own Pen declaring his dislike of that Profession: No wasteful expenses in fruitless Ambassages, nor any transcendent power in any one Minister. For matters of State, the Council-Table held up the fit and ancient dignity. So long as my Lord of Somerset stood in state of grace, and had by his Majesty's favour the trust of the Signet Seal; he oft would glory justly, there passed neither to himself, or his Friends any long Grants of his Highness' Lands or Pensions: For that which himself had, he paid 20000. l. towards the Marriage-Portion of the King's Daughter. His care was to pass no Monopoly or illegal Grant, and that some Members of this House can witness by his charge unto them. No giving way to the sale of Honours, as a breach upon the Nobility (for such were his own words) refusing Sir John Roper's Office, than tendered to procure him to be made a Baron. The match with Spain, then offered (and with condition to require no further toleration in Religion than Ambassadors here are allowed) discovering the double dealing and the dangers, he dissuaded his Majesty from; and left him so far in distrust of the Faith of that King, and his great Instrument Gondomar, then here residing, that his Majesty did term him long time after a Juggling Jack. Thus stood th'effect of his power with his Majesty when the Clouds of his misfortune fell upon him. What the future advices led in, we may well remember. The marriage with Spain was again renewed: Gondomar declared an honest man: Popery heartened, by admission of those unsure, before conditions of Conveniency. The forces of his Majesty in the Palatinate withdrawn, upon Spanish faith improved here and believed; by which his Highness Children have lost their Patrimony, and more money been spent in fruitless Ambassages, than would have maintained an Army fit to have recovered that Country. Our old and fast Allies disheartened, by that tedious and dangerous Treaty: And the King our now Master, exposed to so great a peril, as no wise and faithful Council would ever have advised. Errors in Government, more in misfortune by weak Counsels, then in Princes.  
The loss of the County of Poyntiffe in France, was laid to Bishop Wickham's charge in the first of Richard the 2. for persuading the King to forbear sending aid when it was required: a Capital crime in Parliament. The loss of the Duchy of Maine was laid to Dela Poole Duke of Suffolk 28. Henry 6. in single and unwisely treating of a Marriage in France.  
A Spanish Treaty lost the Palatinate: Whose Council hath pronounced so great power to the Spanish Agent (as never before) to effect freedom to so many Priests as have been of late, and to become a Solicitor almost in every Tribunal or the ill-affected Subjects of the State, is worth the enquiry.  
What Grants of Impositions before crossed, have lately been complained of in Parliaments? As that of Alehouses, Gold-Thred, Pretermitted Customs, and many more; the least of which would have 50. Edward 3. adjudged in Parliament an heinous crime, aswel as those of Lions and Latymer.  
The Duke of Suffolk in Henry 6. time, in procuring such another Grant in derogation of the Common Law, was adjudged in Parliament.  
The gift of Honours kept as the most sacred Treasure of the State, now set to sail, Parliaments have been Suitors to the King to bestow those Graces; as in the time of Edward 3. Henry 4. and Henry 6. More now led in by that way only then all the merits of the best deservers huve got these last 500 years. So tender was the care of elder times that it is an Article 28. Henry 6. in Parliament against the Duke of Suffolk, that he had procured for himself, and some few others, such Titles of Honour; and those so irregular, that he was the first that ever was Earl, Marquess, and Duke of the self same place. Edward the first restrained the number, in policy, that would have challenged a Writ by Tenure: and how this proportion may suit with profit of the State we cannot tell. Great deserts have now no other recompense then costly Rewards from the King; For, we now are at a vile Price of that which was once inestimable. If worthy Persons have been advanced freely to places of greatest trust, I shall be glad. Spencer was condemned in the 15. of Edward 3. for displacing good Servants about the King, and putting in his Friends and followers, not leaving, either in the Church or Commonwealth, a place to any, before a Fine was paid unto him for his dependence. The like in part was laid by Parliament on De la Poole. It cannot but be a sad hearing unto us all, what my Lord Treasurer the last day told us of his Majesty's great Debts, high Engagements, and present wants: The noise whereof I wish may ever rest enclosed within these Walls. For, what an encouragement it may be to our Enemies, and a disheartening to our Friends, I cannot tell. The danger of those, if any they have been the cause, is great and fearful. It was no small motive to the Parliament, in the time of Henry 3. to banish the King's half-brethrens for procuring to themselves so large proportion of Crown Lands. Gav●ston and Spencer for doing the like for themselves, and their followers in Edward the 2. time, and the Lady V●ssy for procuring the like for her Brother Beaumond, was banished the Court. Michael de la Poole was condemned the 20. of Richard 2. in Parliament, amongst other Crimes, for procuring Lands and Pensions from the King, and having employed the Subsidies to other ends then the grant intended. His Grandchild, William Duke of Suffolk, for the like was censured 28. Henry 6. The great Bishop of Winchester, 50. Edward. 3. was put upon the King's mercy by Parliament for wasting in time of Peace, the Revenues of the Crown, and gifts of the People, to the yearly oppression of the Commonwealth. Offences of this Nature were urged to the ruining of the Last Duke of Somerset in Edward 6. time. More fearful Examples may be found, too frequent in Records. Such Improvidence and ill Council led Henry the third into so great a straight, as after he had pawned some part of his Foreign Territories, broke up his House, and sought his Diet at Abbeys and Religious houses, engaged not only his own jewels, but those of the Shrine of Saint Edward at Westminster, he was in the end (not content, but) constrained to lay to pawn (as some of his Successors after did) Magnam Coronam Angliae, the Crown of England. To draw you out to life the Image of former King's extremities, I will tell you what I found since this Assembly at Oxford, written by a Reverend man twice Vicechancellor of this place: his name was Gascoign; a man that saw the Tragedy of De la Poole: He tells you that the Revenues of the Crown were so Rend away by ill Council, that the King was enforced to live de Tallagiis Populi: That the King was grown in debt quinque centena millia librarum: That his great Favourite, in treating of a Forrieign Marriage, had lost his Master a Foreign Duchy: That to work his ends, he had caused the King to adjourn the Parliament in Villis & remoti partibus Regni, where few People, propter d●fectum hospitii & victualium could attend, and by shifting that assembly from place to place to inform (I will use the Author's words) illos paucos qui remanebunt de Communitate Regin, concedere Regi quamvispessima. When the Parliament endeavoured by an Act of Resumption, the just and frequent way to repair the languishing State of the Crown (for all from Henry 3. but one, till the 6. of Henrry 8. have used it) this great man told the King it was ad dedecus Regis, and forced him from it: To which the Commons answered, although vexati laboribus & expensis, Quod nunquam concederent taxam Regi, until by authority of Parliament, r●su●eret actualiter omnia p●rtinentia Coronae Anglioe. And that it was magis ad dedecus Regis, to leave so many poor men in intolerable Want, to whom the King stood then indebtad. Yet nought could all good Council work, until by Parliament that bade great man was banished: which was no sooner done; but an Act of Resumption followed the enrolment of the Act of his Exilement. That was a speeding Article against the Bishop of Winchester and his Brother, in the time of Edward 3. that they had engrossed the person of the King from his other Lords. It was not forgotten against Gaveston and the Spencers in Edward 2. time. The unhappy Ministers of Richard 2. Henry 6. and Edward 6. felt the weight to their Ruin of the like Errors. I hope we shall not complain in Parliament again of such.  
I am glad we have neither just cause or undutiful dispositions to appoint the King a Council to redress those Errors in Parliament, as those of the 42. H. 3. We do not desire, as 5. H. 4. or 29. H. 6. the removing from about the King of evil Councillors. We do not request a choice by name, as 14. E. 3. 3. 5. 11. R. 2. 8. H. 4. or 31. H. 6. nor to swear them in Parliament, as 35, E. 1. 9 E. 2. or 5. R. 2. or to line them out their directions of rule, as 43. H. 3. and 8. H. 6. or desire that which H. 3. did promise in his 42. year se act●o●nia per assensum Magnatum de Concilio suo electorum, & sine eor assensu nihil. We only in loyal duty offer up our humble desires, that since his Majesty hath with advised Judgement elected so wise, religious & worthy Servants to attend him in that high imployemnt, he will be pleased to advise with them together, a way of remedy for those disasters in State, led in by long security and happy peace, and not with young and single Council.   

A SPEECH Made by Sir ROB. COTTON  
Knight and Baronet, before the Lords of his Majesty's most Honourable PRIVYCOUNCEL, At the Council Table: being thither called to deliver his Opinion touching The ALTERATION OF COIN.  
2. Sept. Annoque Regni Regis Caroli 2.  
LONDON: Printed in the Year 1672   

A SPEECH Touching the ALTERATION OF COIN.  
My LORDS,  
SInce it hath pleased this Honourable Table to command, amongst others, my poor Opinion concerning this weighty Proposition of money, I must humbly ctave pardon; if with that Freedom that becomes my duty to my good and gracious Master, and my obedience to your great command, I deliver it so up.  
I cannot (my good Lords) but assuredly conceive, that this intended Project of enhancing the Coin, 
Honour Justice & Profit  will trench both into the Honour, the Justice, and the Profit of my Royal Master very far.  
All Estates do stand Madge is Famâ quam Vi, 
Honour  as Tacitus saith of Rome: and Wealth in every Kingdom is one of the Essential marks of their Greatness: and that is best expressed in the Measure and Purity of their moneys. Hence was it, that so lohg as the Roman Empire (a Pattern of best Government) held up their Glory and Greatness, they ever maintained, with little or no charge, the Standard of their Coin. But after the loose times of Commodus had led in Need by Excess, and so that Shift of Changing the Standard, the Majesty of that Empire fell by degrees. And as Vopiscus saith, the steps by which that State descended were visibly known most by the gradual alteration of their Coin, And there is no surer Symptom of a Consumption in State then the corruption in money.  
What renown is left to the Posterity of Edward the first in amending the Standard, 
Edw. 1.  both in purity and weight from that of elder and more barbarous times, must stick as a blemish upon Princes that do the contrary. 
Hen. 6.  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 People's favour, to his Sovereign's ruin.  
When Henry the 8. 
Hen. 8.  had gained as much of Power and Glory abroad, of Love and Obedience at home, as ever any; he suffered Shipwreck of all upon this Rock.  
When his Daughter Queen Elizabeth came to the Crown, 
Queen Eliz.  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 herself and People, to reduce the Standard to the ancient purity and p●rity of her great Grandfather King Edward 4. 
Edw. 4  And that it was not the short ends of Wit, nor starting holes of devises that can sustain the expense of a Monarchy, but sound and solid courses: for so are the words. She followed their advice, and began to reduce the moneys to their elder goodness, styling 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 moneys.  
To avoid the trick of Permutation, Coin was devised, as a Rate and Measure of Merchandise and Manufactures; which if mutable, no man can tell either what he hath, 
Iustice●.  or what he oweth, no contract can be certain, and so all commerce, both public and private, destroyed; and men again enforced to Permutation with things not subject to wit or fraud.  
The regulating of Coin hath been left to the care of Princes, who are presumed to be ever the Fathers of the Commonwealth. Upon their honours they are Debtors and Warranties of Justice to the Subject in ●hat behalf. They cannot, saith Bodin, 
Bodin.  alter the price of the monies, to the prejudice of the Subjects, without incurring the reproach of Faux M●nnoyeurs. And therefore the Story's term Philip le Bell, for using it, Falsificateur de Moneta. Omnino Monetae integritas debet queriubi vultus noster imprimitur, saith Theodoret the Gothe to his Mintmaster, 
Theodoret the Gothe.  Quidnam erit tutum si in nostra peccetur Effigy? Prince's must not suffer their Faces to warrant falsehood.  
Although I am not of opinion with Mirror des Justices, 
Mirror des justices.  the ancient 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 Council of the Kingdom; yet can I not pass over the Goodness and Grace of money of our Kings: 
Edw. 1. & 3.  (As Edward the 1. and the 3. Henry the 4. 
Hen. 4. & 5.  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 Alloy, Weight, Number of pieces, cut of Coinage and exchange;) and must with infinite comfort acknowledge, the care and Justice now of my Good Master,, and your Lordship's 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 Honour's Favour) suspect, would have taken away the Tenth part of every man's due debt, or Rend already reserved throughout the Realm, not sparing the King; which would have been little less than a Species of that which the Roman Stories call Tabulae novae, from whence very often seditions have sprung: As that of Marcus Gratidianus in Livy, 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, 
Profit.  which is, the Disprofit this enseebling the coin will bring both to his Majesty and the Commonwealth, I must distinguish the moneys of Gold and Silver, as they are Bullion or Commodities, and as they are measure: The one, the Extrinsic quality, which is at the King's pleasure, as all other measures, to name; The other the Intrinsic quantity of pure metal, which is in the Merchant to value. As there the measure shall be either lessened or enlarged, so is the quantity of the Commodity that is to be exchanged. If then the King shall cut his shilling or pound nominal less than it was before, a less 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 Victual, Apparel, and the rest, as well as those of Pleasure, must be enhanced. If then all men shall receive, in their shillings and pounds a less proportion of Silver and Cold than they did before this projected Alteration, and pay for what they buy a rate enhanced, 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 several 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 moneys that after this he shall receive.  
The profit by this change in coinage, cannot be much, nor manent. In the other the loss lasting, and so large, that it reacheth to little less than 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 Majesty shall undergo all these losses hereafter in all his receipts; so shall he no less in many of his disbursements. The wages of his Soldiers must be rateably advanced as the money is decreased. This Edward the third (as appeareth by the account of the Wardrobe and Exchequer) as all the Kings after were enforced to do, as oft as they lessened the Standard of their moneys. The prices of what shall be bought for his Majesty's service, must in like proportion be enhanced on him. And as his Majesty hath the greatest of Receipts and Issues, so must he of necessity taste the most, of loss by this device.  
It will discourage a great proportion of the Trade in England, and so impair his Majesty's Customs. For that part (being not the least) that payeth upon trust and credit will be overthrown; for all men being doubtful of diminution hereby of their personal Estates, will call their moneys already out, and no man will part with that which is by him, upon such apparent loss as this must bring. What danger may befall the State by such a sudden stand of Trade, I cannot guests.  
The moneys of Gold and Silver formerly coined and abroad, being richer than these intended, will be made for the me part hereby Bullion, and so transported; which I conceive to be none of the least inducements that hath drawn so many Goldsmith's to side this Project, that they may be thereby Factors for the strangers, who by the lowness of minting (being but 2 s. Silver the pound weight, and 4s. for Gold; whereas with us the one is 4. and the other 5 s.) may make that profit beyond-sea they cannot here, and so his Majesty's mint unset on work.  
And as his Majesty shall lose apparently in the alteration of moneys a 14. in all the Silver, and a 25. part in all the Gold he after shall receive; so shall the Nobility, Gentry, and all other, in all their former settled Rents, Annuities, Pensions and loans of money. The like will fall upon the Labourers and workmen in their S●●tute-wages: and as their receipts are lessened hereby; so are their Issives increased, either by improving all prices. or disfurnishing the Market, which must necessarily follow. For if in 5. Edwardi 6. 3. Mariae, and 4. Elizabethae, it appeareth by the Proclamations, that a rumour only of an alteration caused these Effects, punishing the Author of such reports with imprisonment and pillory; it cannot be doubted but the projecting a change must be of far more consequence and danger to the State, and would be wished that the Actors and Authors of such disturbances in the Commonwealth, at all times hereafter might undergo a punishment proportionable.  
It cannot beheld (I presume) an advice of best judgement that layeth the loss upon ourselves, and the gain upon our enemies: for who is like to be in this the greater Thriver? Is it not usual, that the Stranger that transporteth over moneys for Bullion, our own Goldsmith's that are their Brokers, and the Foreign Hedgeminters of the Netherlands (which terms them well) have a resh and full Trade by this abatement? And we cannot do the Spanish King (our greatest enemy) so great a favour as by this, who being the Lord of this Commodity by his W●st- Indieses, we shall so advance them to our impoverishing; for it is not in the power of any State to raise the price of their own, but the value that their Neighbour Prince's acceptance sets upon them.  
Experience hath taught us, that the enfeebling of coin is but a shift for a while, as drink to one in a dropsy, to make him swell the more: But the State was never throughly cured, as we saw by Henry the eighths' time and the late Queens, until the coin was made up again.  
I cannot but then conclude (my honourable Lords) that if the proportion of Gold and Silver to each other be wrought to that parity, by the advice of Artists, that neither may be too rich for the other, that the mintage may be reduced to some proportion of Neighbour parts, and that the Issue of our Native Commodities may be brought to overburthen the entrance of the Foreign, we need not seek any way of shift, but shall again see our Trade to flourish, the Mint (as the pulse of the Commonwealth) again to beat, and our Materials, by Industry, to be a mine of Gold and Silver to us, and the Honour, Justice and Profit of his Majesty (which we all wish and work for) supported.  

The Answer of the Committees appointed by your Lordships to the Proportion delivesed by some Officers of the Mint, for enhancing his majesty's moneys of Gold and Silver. 2. September 1626.  
The first part. The Preamble.  
WE conceive that the Officers of the Mint are bound by Oath to discharge their several duties in their several places respectively. But we cannot conceive how they should stand tied by oath to account to his Majesty and your Honours of the Intrinsic value of all Foreign coins, and how they agree with the Standard of the State (before they come to the Mint) for it is impossible and needless: In the one, for that all Foreign States do, for the most part, differ from us and our money infinitely amongst themselves: In the other; it being the proper care of the Merchants, who are presumed not to purchase that at a dearer rate than they may be allowed for the same in fine Gold and Silver in the coin of England, within the charge of coinage. And therefore needless.  
To induce the necessity of the Proposition, they produce two instances or examples; The one from the Rex Doller, and the other from the Royal of Eight; wherein they have untruly informed your Honours of the price and value in our moneys, and our Trade of both of them. For whereas they say, that the Rex Doller weigheth 18. penny weight and 12. grains, and to be of the finest at the pound weight, 10. ounces, 10 pence weight, doth produce in exchange 5. s. 2. d. farthing of sterling moneys. We do affirm that the same Dollar is 18. d. weight 18. grains, and in fineness 10. ounces 12. d, weight, equal to 4. s. 5. d.ob. of sterling moneys, and is at this time in London at no higher price, which is short thereof by 13. grains and a half fine Silver upon every Dollar, being 2. d. sterling or thereabouts, being the charge of coinage, with a small recompense to the Gold● Smith or Exchanger, to the profit of England 3. s. 6. d. per Centum.  
Whereas they do in their circumstance aver unto your Honours, that this Dollar runs in account of Trade amongst the Merchants as 5. s. 2. d. ob. English money: It is most false. For the Merchants and best experienced men protest the contrary, and that it pasteth in exchange according to the Intrinsic value only 4 s. 5. d. ob. of the sterling money, or near thereabouts, and not otherwise.  
The second instance is in the Royal of Eight; affirming that it weigheth 17. penny weight, 12. grains; and being but of the fineness of 11. ounces at the pound weight, doth pass in Exchange at 5 s. of our sterling moneys, whereby we lose 6. s. 7 d. in every pound weight. But having examined it by the best Artists, we find it to be 11. ounces, 2. d. weight fine, and in weight 17. penny weight, 12. grains; which doth equal 4. s. 4. d. ob. of our sterling moneys, and passeth in London at that rate, and not otherwise, though holding more fine Silver by 12. grains and a half in every Royal of Eight, which is the charge of coinage, and a small overplus for the Goldsmith's gain. And whereas they say, that the said Royal of Eight runs in account of Trade at 5 s. of his majesty's now English money; the Merchants do all affirm the contrary, and that it passeth only at 4 s. 4. ob. of the sterling moneys, and no higher ordinarily.  
And it must be strange (my honourable Lords) to believe that our Neighbours the Netherlanders, would give for a pound tale of our sterling Silver, by what name soever it passeth, a greater quantity of their moneys in the like intrinsic value by Exchange; Or that our Merchants would, knowing, give a greater for a less to them, except by way of usance. But the deceit is herein only, that they continually varying their coin, and crying it up at pleasure, may deceive us for a time, in too high a Reputation of pure Silver in it, upon trust, then there is, until a trial; and this, by no Alteration of our coin, unless we should daily, as they make his majesty's Standard uncertain, can be prevented, which being the measure of Lands, Rents and Commerce amongst ourselves at home, would render all uncertain, and so of necessity destroy the use of money; and turn all to permutation of such things as were not subject to will or change.  
And as they have mistaken the ground of their Proposition; so have they, upon a specious show of some momentary and small benefit to his Majesty, reared up a vast and constant loss unto his Highness by this design, if once effected. For, as his Majesty hath the 1argest portion of any both in the entrances and issues; so should he by so enfeebling of his coin, become the greatest loser.  
There needs no other instance than those degrees of diminution from the 18. of Edward's, 3. 
18. Edw. 3.  to this day; at which time the Revenue of the Crown was paid after five Groats the ounce (which is now five shillings) which hath lost his Majesty two thirds of all his Revenue; and no less hath all the Nobility, Gentry, and other his majesty's landed Subjects in proportion suffered. But since, to our great comfort; we heard your Honours the last day to lay a worthy blame upon the Mint-Masters, for that intended diminution of the Gold-coyn done by them without full warrant; by which we rest discharged of that fear: We will (according to our duties and your Honour's command) deliver humbly our opinion concerning the reduction of the Silver money now currant to be proportionably equivalent to the Gold.  
The English sterling Standard, which was no little honour to Edward the first, that settled it from an inconstant motion, and laid it a ground that all the States of Europe after complied to bring in their account, which was of Silver an 11 to one of Gold, the Kings of England for the most part since have constantly continued the same proportion: and Spain, since Ferdinand, who took from hence his Pattern, have held and hold unchangeably the same unto this day: but since with us, a late improvement of Gold hath broke that Rule, and cast a difference in our Silver of six shillings in the pound weight; we cannot but in all humility present our fear, that the framing, at this time of an equality, except it were by reducing the Gold to the Silver, is not so safe and profitable as is proposed by those of the Mint.  
For whereas they pretend this, Our richness of our Silver will carry out what now remaineth: We conceive (under favour) it will have no such effect, but clean contrary. For all the currant Silver now abroad hath been so culled by some Goldsmith's, the same either turned into Bullion, and so transported, that that which now remaineth will hardly produce 65. s. in the pound weight one with another; and so not likely, for so little profit as now it goeth, to be transported. But if the pound sterling should be as they desire, cut into 70. s. 6 d. it must of necessity follow, that the new money will convert the old money (now currant) into Bullion; and so afford a Trade afresh for some ill Patriot Goldsmith's, and others, who formerly have more endamaged the State by culling, than any others by clipping; the one but trading in pounds, the other in thousands; and therefore worthy of a greater punishment. And we cannot but have just cause (my Lords) to fear that these bad members have been no idle instruments, for their private benefit, to the public detriment, of this new project, so much tending to enfeebling the sterling Standard:  
We further (under your Lord ships favours) conceive, that the raising of the Silver to the Gold, will upon some sudden occasion beyond Sea, transport our Gold, and leave the State in scarcity of that, as now of Silver.  
And to that Objection of the Proposers, That there is no Silver brought of late into the mint; The causes we conceive to be (besides the unusual quantities of late brought into the mint in Gold) one the overballasing of late of Trade; the other, the charge of coinage. For the first, it cannot, be but the late infection of this City was a let of exportation of our best commodity, Cloth, made by that suspected in every place. To this may be added the vast sums of money which the necessary occasion of war called from his Majesty to the parts beyond the Seas, when we had least of Commodities to make even the balance there. And lastly, dearth and scarcity of corn, which in time of plenty we ever found the best exchange to bring in silver. And therefore, since by Gods great Favour the Plague is ended, and general Trade thereby restored, and more of Plenty this year, then hath been formerly these many years, of corn, we doubt not but if the Ports of Spain were now as free as they were of late, there would not prove hereafter any cause to complain of the want of Bullion in the State.  
The second cause, that the mint remains unfurnished; will be the charge of coinage, raised in price so far above all other places, constraining each man to carry his Bullion where he may receive by coinage the less of loss. And therefore if it may please his Majesty to reduce the prices here to the Rates of other of our Neighbour Countries, there will be no doubt but the Mint will beat as heretofore.   

Questions to be proposed to the Merchants, Mint-Masters, and Goldsmith's, Concerning the Alteration of the Silver Monies.  
1. Whether the Englist moneys now currant are not as dear as the Foreign of the Dollar and Real of 8. in the intrinsic value in the usual exchanges now made by the merchant's beyond-Seas?  
2. Whether this advancing will not cause all the Silver-Bullion, that might be transported in mass or Foreign coin, to be minted with the King's stamp beyond-sea, 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 majesty's Mint will fail by the exported benefit?  
4. Whether the advancing the Silver coin, if it produce the former effects, will not cause the Markets to be unfurnished of present coin to drive the exchange, when most of the old will be used in Bullion.  
5. Whether the higher we raise the Coin at home, we make not thereby our Commodities beyond-sea the cheaper?  
6. Whether the greatest profit by this enhancing, will not grow to the ill members of the State, that have formerly culled the weightiest pieces, 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 Extrinsic, as they are moneys, they are the Princes measures given to his people, and this is a Prerogative of Kings: In the Intrinsic 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. 
1573.  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 public measure, is to leave all the Markets of the Kingdom unfurnished; and what will be the mischief, the Proclamations of 5. Edwardi 6. 3. Mariae and 4. Elizabethae, will manifest; 
5. Edw. 6. 3. Mariae. 4. Eliz.  when but a Rumour of the like produced that effect so far, that besides the faith of the Princes to the contrary delivered in their Edicts, they were enforced 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, than the new moneys; 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 Kingdom, 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 intrinsic quality. And first the one metal to the other.  
All commodities are prized by Plenty or scarcity, 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 Real of Eight, That Silver here is of equal value, and Gold above, with the foreign parts in the intrinsic; and that the fallacy presented to the Lords by the Mint-Masters, is only in the nomination or extrinsic 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 than 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 than we buy, the contrary will follow:  
And this is plain in Spain's necessities: For should that King advance to a double rate his Real of 8. yet needing, by reason of the barrenness of his Country, more of Foreign Wares than he can countervail by Exchange with his own, he must part with his money, and gaineth no more by enhancing his Coin, 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 Country 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 Frankford and other places at the usual times of their Marts.  
The frequent and daily change in the low Countries of their moneys, is no such injustice to any there as it would be here. For being all either Mechanics or Merchants, they can rate accordingly their labours or their wares, whether it be coin 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 intrinsic value of their Foreign coin, in all barter of Commodities, or exchange, except at Usance; Which we, that are ruled and tied by the extrinsic measure of moneys, in all our constant Reckonings add Annual bargains at home, cannot do.  
And for us then to raise our coin at this time to equal their proportions, were but to render ourselves 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 Tranquillity of our State at home for ever.    

THE DANGER WHEREIN THIS KINGDOM NOW STANDETH, AND THE REMEDY.  
Written by Sir ROB. COTTON Knight and Baronet.  
LONDON, Printed in the year 1651.   

THE DANGER Wherein this Kingdom now standeth, and the REMEDY.  
AS soon as the house of Austria had incorporated itself 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 Emperor Charles would first have laid the foundation thereof in Italy, by surprising 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 herself 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 itself,  
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 Kingdom of his own, by the which the French King was so distressed, that had not the English Council and Assistance relieved him, Spain had there removed that next and greatest obstacle of his ambition.  
His Council now tells him, from these examples, that the way to his great work is impassable 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 Council) 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 freedom from fear of Spanish slavery; And so ended her old and happy days in great Glory.  
Spain then, by the Wisdom and power of that great Lady, despoiled 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 Council by believing their friendship and pretended marriage) gave them way to cherish amongst us a party of their own, and (bereft of power abroad) to lead in jealousy, 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 quarrel, 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 weakened by daily 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 domestic 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 easy, dare Rege●●, th● sub●ugare Provincian; considering the po●er they have their hands, then to gi●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 Foreign invasion, a proportion both of Sea and Land-forces; for to give an enemy an easy passage, and a port to relieve him in, is no less than 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 than 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 Commonwealth, the Wisdom of all times, did never interest the public cause to any other than such as had a portion in the public adventure. And that we saw in 88 when the ear of the Queen and Council 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 than 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 public; such discontentments being ever to us a more fatal Enemy than any Foreign force.  
The careful distribution and direction of the Sea and Land-forces, being more fitting for a Council of War, than 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 Councillor 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 untrodden 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 denial; 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 how many delays there were, we may easily see, that such a sum by Parliament granted, is far sooner and more easily gathered.  
If any will make the successes of times to produce an inevitable necessity to enforce it levied (whether in general) by excise, or imposition, or in particular upon some select persons (which is the custom of some Countries) and so conclude it (as there) for the public State, Suprema lege) he must look for this to be told him: That seeing necessity must conclude always to gather money, as less speedy or assured then that so practised (which cannot be fitter than by Parliament) the success attendeth the humours of the heedless multitude, that are full of jealousy and distrust; and so unlike to comply to any unusual course of Levy, but by force: which if used, the effect is fearful, and hath been fatal to the State; whereas that by Parliament resteth principally on the regal person, who may with ease and safety mould them to his fit desire, by a gracious yielding to their just Petitions.  
If a Parliament then be the most speedy, assured, and safe way; it is fit to conceive, what is the safest way to act and work it to the present need.  
First, for the time of the usual Summons, reputed to be 40. days, to be too large for the present necessity; it may be by dating the Writ lessened; since it is no positive law; so that a care be had that there may be one County day, after the Sheriff hath received the Writ before the time of sitting.  
If then the sum to be levied be once agreed of, for the time there may be in the body of the Grant an Assignment made to the Knights of every County respectively, who (under such Assurance) may safely give Security proportionable to the Receipts, to such as shall in present advance to the Public service any sums of money.  
The last and weightiest consideration (if a Parliament be thought fit) is, how to remove or comply the differences between the King and Subject in their mutual demands. And what I have learned amongst the better sort of the Multitude, I will freely declare; that your Lordships may be the more enabled to remove and answer those distrusts, that either concern Religion, Public safety of the King and State, or the just liberties of the Commonwealth.  
For Religion (a matter that they lay nearest to their conscience) they are led by this gro●●d of jealousy to doubt some practice against it.  
First, for that the Spanish match, which was broken by the grateful Industry of my Lord of Bucking▪ out of his Religious care (as he there declares) that the Articles there demanded might lead in some such sufferance as might endanger the quiet, if not the State of the reformed Religion here: Yet there have (when he was an Actor principal in the Conditions with France) as hard, if not worse (to the preservation of our Religion) passed then those with Spain. And the suspect is strengthened by the close keeping of this Agreement in that point there concluded.  
It is no less an Argument of doubt to them of his Affections, in that his Mother end others, many of his Ministers of near employment about him, are so affected.  
They talk much of his advancing men Papistically devoted; some placed in the camp, of nearest service and chief Command: And that the Recusants have gotten, these late years, by his power, more of courage and assurance then before. If to clear these doubts (which perhaps are worse in fancy then in truth) he took a good course, it might much advance the Public service, against those squeamish humours that have more violent passion then settled judgement; & are not the least of the opposite number in the Commonwealth.  
The next is, The late misfortunes and losses of Men, Munition, and honour in our late Undertake abroad: Which the more temperate spirits impute to want of Council, and the more sublime wits to practise.  
They begin with the Palatinate, and by the fault of the loss there, on the improved credit of Gondomar, distrusting him for the staying of supplies to Sir Horace Vere, when Colonel Cecil was cast on that employment, by which the King of Spain became Master of the King's Child's Inheritance.  
And when Count-Mansfield had a Royal Supply of Forces, to assist the Princes of our part, for the Recovery thereof: either plot or error defeated the Enterprise from Us, to Spain's great advantage.  
That Sir Robert Mansfield's expedition to Algiers, should purchase only the security and guard of the Spanish Coasts. To spend so many hundred thousand pounds in the Cales Voyage, against the advice of Parliament, only to warn the King of Spain to be in a readiness, & so to weaken ourselves, is taken for such a sign of ill affection to him, amongst the multitude.  
The spending of so much Munition, Victuals, and Money in my Lord Willoughbie's journey, is conceived, an Unthrifty Error in the Director of it to disarm ourselves in fruitless Voyages, nay, to some (overcurious) seems a plot of danger, to turn the quarrel of Spain (our ancient enemy) that the Parliament petitioned and gave supply to support, upon our Ally of France: and soon after, a new & happy Tye gave much talk that we were not so doubtful of Spain as many wish; since it was held, not long ago, a fundamental Rule of Their security and Ours, by the old Lord Treasurer Burleigh: That nothing can prevent the Spanish Monarchy, but a fastness of the two Princes, whose Amity gave countenance and courage to the Netherlands and Germane Princes to make head against his Ambition. And we see, by this dis-union a fearful defeat hath happened to Denmark and that party, to the great advantage of the Austrian Family.  
And thus far of the Waste of public Treasure in fruitless Expeditions: An important cause to hinder any new supply in Parliament. Another fear that may disturb the smooth and speedy passage of the King's desires in Parliament, is the late waste of the Kind's Livelihood; Whereby is like (as in former times) to arise this Jealousy & fear: That when he hath not of his own to support his ordinary charge (for which the Lands of the Crown were settled unalterable, and called Sacrum Patrimonium Principis) that then he must of necessity rest on those Assistances of the people which ever were only collected & consigned for the Commonwealth. From hence is is like, there will be no great labour or stiffness to induce his Majesty to an act of Resumption; since such desires of the State have found an easy way in the will of all the Princes from the third Henry to the last. But that which is like to pass deeper into their disputes and care, is the late pressures they suppose to have been done upon the public liberty and freedom of the Subject, in commanding their Goods without assent by Parliament, confining their persons without especial cause declared; and that made good against them by the Judges lately; and pretending a Writ to command their attendance in a Foreign War: All which they are likely to enforce, as repugnant to many positive laws, and Customary Immunities of this Commonwealth.  
And these dangerous distrusts, to the people are not a little improved by this un-exemplified course (as they conceive) of retaining an Inland Army in Winter-season, when former times of greatest fear, as 88 produced no such; and makes them (in their distracted fears) to conjecture (idly) it was raised wholly to subvert their fortunes to the will of power, more than of Law; and so make good some further breaches upon their liberties and freedoms at home, rather than defend us from any force abroad.  
How far such jealousies, if they meet with an unusual disorder of lawless Soldiers, or an apt distemper of the loose and needy multitude, which will easily turn away upon any occasion in the State that they can side withal, to a glorious pretence of Religion and public safety, when their true intent will be only Rapine of the rich, and ruin of all, is worthy a provident and preventing care.  
I have thus far delivered (with that freedom you pleased to admit) such difficulties as I have taken up amongst the multitude, as may arrest, if not remove Impediments to any speedy supply in Parliament at this time. Which how to facilitate, may better become the care of your Lordship's Judgements, than my Ignorance. Only I could wish, that to remove away a personal distaste of my Lord of Buckingham amongst the People, he might be pleased (if there be a necessity of Parliament) to appear a first Adviser thereunto: & what satisfaction it shall please his Majesty, of grace, to give at such time to his people (which I wish to be grounded by Precedent of his best and most fortunate Progenitors, & which I conceive will largely satisfy the desires & hopes of all) If it may appear in some sort to be drawn down from him to the People, by the zealous care & industry that my L. of Buck hath of the public unity & content; by which there is no doubt that he may remain, not only secure from any further quarrel with them, but merit an happy memory amongst them of a zealous Patriot. For to expiate the passion of the people at such a time with sacrifice of any his Majesty's Servants, I have ever found it (as in E. the 2. R. the 2. and H. 6.) no less fatal to the Master, than the Minister in the end.   

VALOUR ANATOMISED IN A FANCY.  
By Sir PHILIP SIDNEY. 1581.  
LONDON, Printed in the year 1672.   

VALOUR ANATOMISED IN A FANCY.  
VAlour towards Men, is an Emblem of Ability; towards Women, a Good quality signifying a better. Nothing draws a Woman like to it. Nothing is more behoveful for that Sex: for from it they receive Protection, and in a free way too, without any danger. Nothing makes a shorter cut to obtaining: for a Man of Arms is always void of Ceremony, which is the Wall that stands betwixt Pyramus and Thisbe, that is Man, and Woman: For there is no Pride in Women but that which rebounds from our own Baseness (as Cowards grow Valiant upon those that are more Cowards) So that only by our pale ask we teach them to deny; and by our shamefacedness we put them in mind to be modest. Whereas indeed it is cunning Rhetoric to persuade the hearers that they are that already which the world would have them to be. This kind of Bashfulness is far from Men of valorous disposition, and especially from Soldiers: for such are ever men (without doubt) forward and Confident, losing no time left they should lose Opportunity, which is the best Factor for a Lover. And because they know Women are given to dissemble, they will never believe them when they deny. Certainly before this age of Wit and wearing Black, broke in upon us, there was no way known to win a Lady, but by Tilting, Turneying, and Riding to seek Adventures through dangerous Forests: In which time these slender Striplings with little Legs were held but of Strength enough to marry their Widows. And even in our days, there can be given no reason of the inundation of Servingmen upon their Mistresses, but only that usually they carry their Master's Weapons, and their Valour. To be accounted handsome, just, learned, and well favoured, all this carries no danger with it. But it is better to be admitted to the title of Valiant acts: at least that imports the venturing of Mortality; and all Women delight to hold him safe in their Arms who hath escaped thither through many dangers. To speak 2t once; Man hath a privilege in Valour. In clothes and good Faces we do but imitate Women; and many of that Sex will not think much (as far as an answer goes) to dissemble Wit too. So then these neat Youths, these Women in men's Apparel, are too near a Woman to be beloved of her; they be both of a Trade, but he of grim aspect, and such a one a Lass dares take, and will desire hint for Newness and Variety. A Scar in a Man's face, is the same that a Mole is in a Woman's, and a Mole in a Woman's is a jewel set in White, to make it seem more white. So a Scar in a Man is a mark of honour, and no blemish, for 'tis a Scar and a blemish in a Soldier to be without one. Now as for all things else which are to procure love, as a good Face, Wit, clothes, or a good Body; each of them (I must needs say) works somewhat for want of a better; that is, if Valour corri●e not therewith. A good Face availeth nothing; if it be on a Coward that is bashful, the utmost of it is to be kissed; which rather increaseth than quen●beth Appetite. He that sendeth her Gifts, sends her word also, that he is a Man of small Gifts otherwise; for wooing by signs and tokens, implies the Author dumb. And if Ovid (who writ the Law of Love) were alive, as he is extant, and would allow it as a good diversity; then Gifts should be sent as Gratuities; not as Bribes; and Wit would rather get promise, than Love. Wit is not to be seen, and no Woman takes advice of any in her Loving, but of her own Eyes, or her Waiting Woman: nay, which is worse, Wit is net to be felt, and so no good Bedfellow. Wit applied to a Woman makes her dissolve her simpering, and discover her Teeth with Laughter; and this is surely a purge for Love: for the beginning and original of Love is a kind of foolish Melancholy. As for the Man that makes his Tailor his Bawd, and hopes to inveigle his Love with such a coloured Suit, surely the same man deeply hazards the loss of her Favour upon every Change of his clothes. So likewise the other that Courts her silently with a good Body, let me tell him that his clothes stand always betwixt his Mistress eyes and him. The Comeliness of clothes depends upon the Comeliness of the Body, and so both upon Opinion. She that hath been seduced by Apparel, let me give her to wit, that men always put off their clothes before they go to bed; and let her that hath been enamoured of her Servants Body, understand, that if she saw him in a skin of Cloth (that is, in a suit made to the pattern of his body) she would discern slender cause to Love him ever after. There are no clothes fit so well in a Woman's eye, as a Suit of Steel, though not of the fashion: and no man so soon surpriseth a Woman's Affections, as he that is the subject of Whisper, and hath always some 20 stories of his own Achievements depending upon him Mistake me not, I understand not by Valour one that never fights but When he is backed by Drink or Anger, or hissed on by Beholders; nor one that is desperate, nor one that takes away a Servingman's Weapons, when perhaps they cost him his quarter's wages; nor one that wears a privy Coat of defence, and therein is Confident: for then such as make Bucklers would be accounted the very scum of the Commonwealth. I intent one of an even Resolution, grounded upon Reason, which is always even; having his Power restrained by the Law of not doing Wrong.  
Philip Sidney.   

Wooing-stuff.  
FAint Amorist: what, dost thou think  
To taste Love's Honey, and not drink  
One dram of Gall? or to devour  
A world of sweet, and taste no sour?  
Dost thou ever think to enter  
Th' Elysian fields that dar●st not venture  
In Charon's Barge? a Lover's mind  
Must use to sail with every wind.  
He that loves, and fears to try,  
Learns his Mistress to deny.  
Doth she chide thee? 'tis to show it,  
That thy Coldness makes her do it;  
Is she silent? is she mute?  
Silence fully grants thy Suit;  
Doth she pout, and leave the room?  
Then she goes to bid thee come;  
Is she sick? why then be sure,  
She invites thee to the cure;  
Doth she cross thy suit with No?  
Tush, she loves to hear the woe;  
Doth she call the faith of man  
In question? Nay, 'uds-foot, she loves thee than;  
And if e'er she make a blot.  
She's lost, if that thou hittest her not.  
He that after ten denials,  
Dares attempt no farther trials,  
Hath no warrant to acquire  
The Dainties of his Chaste desire.  
Philip Sidney.   

Sir Francis Walsingham ' s ANATOMISING Of 

Honesty,  
Ambition, and  
Fortitude.    
Written in the year 1590.  
LONDON: Printed in the Year 1672.   

Sir Francis Walsinghams' ANATOMISING Of 

Honesty,  
Ambition, and  
Fortitude.    
WHat it is directly that I will write, I know not: For, as my thoughts have never dwelled long upon one thing; and so my Mind hath been filled with the Imagination of things of a different nature: So there is a necessity that this Offspring of so un-composed a Parent must be misshaped, answerable to the Original from whence it is derived. Somewhat I am resolved to write, of some Virtues, and some Vi●es, and some indifferent things. For, knowing that a Man's life is a perpetual Action, which every moment is under one of these three heads; my Imaginations have ever chiefly tended to find cut the Natures of these things, that I might, (as much as my Frailty (the inseparable companion of Man's nature) would give me leave) wear out this Garment of my Body, with as little Inconvenience to my Soul as I could, and play this Game of Conversation (in which every one (as long as he lives) makes one) with the reputation of a fair Gamester, rather than of a cunning one.  
And first I will write of Honesty; not in its general sense (in which it comprehends all Moral Virtues) but in that particular in which (according to our phrase) it denominates an Honest man.  
Honesty is a quiet passing over the days of a man's life, without doing Injury to another man.  
There is required in an Honest man, not so much to do every thing as he would be done unto, as to forbear any thing that he would not be content to suffer; For the Essence of Honesty consists in forbearing to do ill: And to good Acts is a proper Passion, and no Essential part of Honesty. As Chastity is the Honesty of Women, so Honesty is the Chastity of Man. Either of them once impaired is irrecoverable. For a Woman that hath lost her Maidenhead, may as easily recover it, as a Man that hath once taken liberty of being a Knave can be restored to the title of an Honest Man. For Honesty doth not consist in the doing of one, or one thousand Acts never so well; but in spinning on the delicate Threads of Life, though not exceeding Fine, yet free from Bracks, and Staines. We do not call him an Honest man, but a Wotthy man, that doth brave eminent Acts: But we give him the title of an Honest man, of whom no man can truly report any ill.  
The most eminent part of Honesty is Truth: not in Words (though that be necessarily required) but in the Course of his Life; in his Profession of Friendship; in his Promise of Rewards and Benefits to those that depend upon him; and grateful acknowledging those good turns that he receives from any man.  
The greatest Opposite to Honesty is Falsehood; and as that is commonly waited upon with Cunning and Dissimulation, so is Honesty with Discretion and Assurance.  
It is true, that Custom makes some apparently false; some through Impudence, and too much use; and other some for want of Discretion, which if they had had, should have been employed in Covering it. And there be some, in whom (though it be impossible Honesty should be a Fault in Society) their indiscreet managing of it, makes it holden for a thing that's merely a Vice, a wonderful troublesome Companion.  
An Honest man is as near an Aptitude to become a Friend, as Gold is to become Coin: he will melt with good Offices well done, and will easily take the stamp of true Friendship; and having once taken it, though it may be bended and bruised, yet still will keep his stamp clean without Rust or Canker, and is not ashamed to be enclosed in it, but is contented to have all his glory seen through it only.  
It is of itself a Competent Estate of Virtue, able to supply all necessary parts of it to a Mans own particular, and a Man that is born to it, may raise himself to an eminency in all Virtues; though of itself it will not furnish a Man with the abilities of doing any glorious thing. It is pity that Honesty should be abstracted from the lustre of all other Virtues. But if there be such an Honesty, the fittest Seat for it is the Country, where there will be little need of any greater Ability, and it will be least subject to Corruption. And therefore, since it is the Foundation upon which a man may build that part of his life which respects Conversation, he that builds upon it (let his actions be never so mean) shall be sure of a good, though not of a great Reputation; whereas letting it perish, let the rest of the Building of his life be never so eminent, it will serve but to make the ruin of his good Name more notorious.  

Of Ambition.  
LOve, Honour, and Praise are the greatest Blessings of this world: All other Contents reflect primarily upon the Body: and please the Soul only because they please some one or more Senses. But those therefore only delight the Senses, because the Soul by discourse was first pleased with them. For in itself there is more Music in a railing Song, thrust upon a good Air, than in the confused Applause of the multitude. But because the Soul, by Discourse, finds this Clamour to be an argument of the estimation which those that so Commend it have of it, it likes itself better, and rejoiceth the more init self, because it sees other men value it. For there are two ways of proving; the one by Reason, and the other by Witness; but the more excellent Proof is that of Reason: For he that can by Reason prove any thing to me makes his knowledge mine, because by the same Reason I am able to prove it to another: But if 20. men should swear to me they saw such a thing, which before I did not believe; it is true, I should alter mine opinion, not because there appeared any greater likelihood of the thing; but because it was unlikely that so many men should lie: And if I should go about to make others of the fame opinion, I could not do it, by telling them I knew it, or I saw it; but all I could say, were, I did believe it; because such and such men told me they saw it. So in the Comfort a man takes of himself (which grows out of the consideration of how much itself deserves to be beloved) a virtuous wise fellow will take enough Comfort and Joy in himself (though by Misfortune he is troubled to carry about with him the world's Ill Opinion) by discoursing that he is free from those Slanders that are laid upon him, and that he hath those Sufficiencies and Venues which others deny. And on the contrary side, he without deserving it (having the good Fortune to be esteemed and honoured) will easily be drawn to have a good Opinion of himself; as, out of Modesty, submitting his own Reason to the testimony of many witnesses.  
Ambition in itself is no Fault; but the most natural Commendation of the Soul, as Beauty is of the Body: It is in Men, as Beauty is in Women. For, as to be naturally exceeding handsome, is the greatest Commendation of that Sex, and that for which they most desire to be Commended; so that Ambition by which Men desire Honour the natural way (which consists in doing honourable and good Acts) is the root of the most perfect Commendation that a Moral Man is capable of.  
Those only offend in their Ambition, who out of the earthliness of their minds dare not aspire to that true Honour which is the estimation of a man, being as it were the Temple wherein Virtue is enshrined; And therefore settle their minds only upon attaining Titles and Power; which at the first were, or at least should be the Mark whereby to distinguish men according to the Rate of their Virtues and sufficiencies; but are now only Arguments of a Man's good Fortune, and effects of the Prince's favour.  
It is true that Power is a brave addition to a worthy Man; but a Fool, or a Knave that is powerful, hath (according to the degree of his Power) just that advantage of a virtuous prudent man, that Adam, before he fell, had of the Angels that stood; an Ability to do more ill.  
As for Titles (which at first were the marks of Power; and the Rewards of Virtue) they are now (according to their name) but like the Titles of Books, which (for the most part) the more glorious things they promise, let a Man narrowly peruse them over, the less substance he shall find in them. And the wooden Lord is like the Log that Jupiter gave the Frogs to be their King; it makes a great noise; it prepares an expectation of great matters, but when they once perceived it unactive, and senlesly lying still, the wiser sort of Frogs began to despise it, and (in fine) every young Frogling presumed to leap up and down upon it.  
Some few there are, who (lest the species of our ancient worthy Lords should be lost) do preserve in themselves the will and desire, since they want the means, to do brave and worthy Acts. And therefore I say, let a Man by doing worthy Acts deserve honour, and though he do not attain it, yet he is much a happier man than he that gets it without desert. For such a man is before hand with Reputation; and the world still owes him that honour with his deserts cry for, and it hath not paid; Whereas that man that hath a great Reputation, without deserving it, is behindhand with the world; and his honour is but lent, not paid; And when the world comes to take account of its Applause, and finds his Title of Merit (by which he pretends to it) weak and broken, it will recall its Approbation, and leave him by so much the more a notorious Bankrupt in his good Name, by how much the Estimation of his Wealth that way was the greater.   

Of Fortitude.  
FOr a Man to be completely happy there is required the Perfection of all Moral Virtues; And yet this is not enough; For, Virtues do rather banish Misfortunes, and but show us Joy, than establish Felicity: Which is not only an utter Alienation from all Affliction, but an absolute Fullness of Joy. And since the Soul of Man is infinitely more excellent than any thing else it can meet withal in this World, nothing upon Earth can satisfy it, but in the enjoying of the greatest Abundance of all delights that the most nimble witted Man can frame to himself; For that his Soul will still have a further Desire, as unsatisfied with that it enjoys. (Therefore the Perfection of Happiness consists in the Love of God; which is only able to fill up all the Corners of the Soul with most perfect Joy; and consequently to fix all its desires upon those Celestial Joys that shall never be taken from it. But this, as it cannot be obtained by Discourse, but by unfeigned Prayer, and the Assistance and Illumination of God's Grace; So is it not my purpose to prick at it. And for that part of Felicity which is attained to by moral Virtue, I find that every Virtue gives a Man Perfection in some kind, and a degree of Felicity too: viz.  
Honesty, gives a Man a good Report;  
Justice, Estimation and Authority;  
Prudence, Respect and Confidence;  
Courtesy, and Liberality, Affection, and a kind of Dominion over other Men.  
Temperance, Healthy.  
Fortitude, a quiet Mind, not to be moved by any Adversity, and a Confidence not to be Circumvented by any danger.  
So that all other Virtues give a Man but an outward Happiness, as receiving their Reward from others; only Temperance doth pretend to make the Body a Stranger to Pain, both in taking from it the Occasion of Diseases, and making the outward Inconveniences of Want, as Hunger and Cold, if not delightful, at least suffareble.  
Fr. Walsingham.    

A Brief DISCOURSE Concerning the Power of the PEERS AND COMMONS OF PARLIAMENT In point of JUDICATURE.  
Written by Sir Robert Cotton, at the request of a Peer of this REALM.  
LONDON: Printed in the Year 1672.   

A Brief DISCOURSE Concerning the POWER Of the PEERS, etc.  
SIR, To give you as short an account of your desire as I can, I must crave leave, to lay you, as a ground, the frame or first model of this State.  
When, after the Period of the Saxon time Harold had lifted himself into the Royal Seat, the great Men, to whom but lately he was no more than equal either in fortune or power, disdaining this Act of Arrogancy, called in William, than Duke of Normandy, a Prince more active than any in these Western Parts, and renowned for many Victories he had fortunately achieved against the French King, than the most potent Monarch of Europe.  
This Duke led along with him to this work of Glory, many of the younger Sons of the best Families of Normandy, Picardy, and Flanders, who as Undertakers, accompanied the Undertaking of this fortunate Man. The Usurper slain, and the Crown by War gained; To secure Certain to his Posterity what he had so suddenly gotten, he shared out his purchase, retaining in each County a portion to support the Dignity Sovereign, which was styled Domenia Regni, now the ancient Demeans; And assigning to others his Adventurers such portions as suited to their quality and expense, retaining to himself dependency of their personal service (except such Lands as in free Alms, were the portion of the Church) these were styled Barones Regis, the King's immediate Freeholders'; for the word Baro imported then no more.  
As the King to these, so these to their followers subdivided part of their shares into Knights Fees; and their Tenants were called Barones Comites, or the like; for we find, as the Kings write in their Writs, Baronibus suis & Francois & Anglois; the Sovereign's Gifts, for the most part, extending to whole Counties or Hundreds, an Earl being Lord of the one, and a Baron of the inferior Donations to Lords of Townships or Manors. AS thus the Land, so was all course of Judicature divided; even from the meanest to the highest portion, each several had his Court of Law, preserving still the manner of our Ancestors the Saxons, who jura per pagos reddebant; and these are still termed Court Barons, or the Freeholders' Court, twelve usually in number, who with the Thame or chief Lord were Judges. The Hundred was next; where the Hundredus or Aldermanus, Lord of the Hundred, with the chief Lords of each Township within their limits judged.  
God's People observed this form in the public, Centuriones & Decani judicabant plebem onni tempore. The County or generale placitum was the next; This was, so to supply the defect, or remedy the Corruption of the Inferior, Vbi Curiae Dominarum probantur defecisse, pertinent ad Vicecomitem Provinciarum. The Judges here were Comitoes, Vicecomites, & Barones Comitatus qui liberas in eo terras h●bent.  
The last and supreme, and proper to our question, was Gener ale Placitum apud London, Vniversalis Synodus, in Charters of the Conqueror, Capitalis Curia, by Glanvile. 
Lib. Ep. Glanvile.  Magnum & Commune consilium coram Rege & Magnatibus suis. In the Rolls of Hen. the third, it is not stative, but summoned by Proclamation; Edicitur generale placitum apud London, saith the Book of Abingdon; whither episcopi, Deuces, Principes, Satrapae, Rectores, & Causidici ex omni parte confluxerunt ad istan Curiam, saith Glanville, Causes were referred propter aliquam dubitationem quae emergit in Conitatu, cum Comitatus nescit dijudicare. Thus did Ethelweld Bishop of Winton transfer his Suit against Leoftine from the County, ●d generale placitum, 
E●b Sancti Etheldredi Epise.  in the time of King Ethildred: Queen Edgin against Goda from the County appealed to King Etheldred at London, Congregatis principibus & sapientibus Aogliae. A Suit between the Bishops of Winton and Durham, in the time of Saint Edward, Coram Episcopis & Principibus Regni in praesfentia Regis, ventilata & finita. In the 10. year of the Conqueror, Episcopi, Comites, & Barones Regia potestate e diversis Provinciis ad universalem Synodum pro causis audiendis & tractandis convocati, saith the Book of Westminster, and this continued all along in the succeeding Kings Reigns until towards the end of Henry the third.  
As this great Court or Council consisting of the King and Barons, ruled the great affairs of State, and controlled all inferior Courts, so were there certain Officers, whose transcendent power seemed to be set to bound in the execution of Prince's Wills; as the Steward, Constable, and Marshal, fixed upon Families in Fee for many Ages: They as Tribunes of the People, or Ephori amongst the Athenians, grown by an unmannerly Carriage, fearful to Monarchy, fell at the Feet and mercy of the King, when the daring Earl of Leicester was slain at Eversham. This Chance, and the dear experience Henry the third himself had made at the Parliament at Oxford in the 40. year of his Reign, and the memory of the many straits his Father was driven unto, especially at Runny-mead near Stanes, brought this King wisely to begin what his Successors fortunately finished, in lessening the strength and power of his great Lords. And this was wrought by searching into the Regality they had usurped over their peculiar Sovereigns (whereby they were (as the Book at St. Alban termeth them) Quot Domini tot Tyranni) and by weakening that hand of power which they carried in the Parliaments, by commanding the service of many Knights, Citizens, and Burgesses to that great Council. Now began the frequent sending of Writs to the Commons, their assents not only used in Money, Charge, and making Laws (for before all Ordinances passed by the King and Peers) but their consent in Judgements of all natures, whether Civil or Criminal. In proof whereof I will produce some few succeeding Precedents out of Record.  
When Adomar that proud Prelate of Winchester, 
Eliber Sancti Alban fol. 20● Anno 44, ●. 3.  the King's half Brother, had grieved the State with his daring power, he was exised by joint sentence of the King, the Lords, and Commons; and this appeareth expressly by the Letter sent by Pope Alexander the fourth expostulating a revocation of him from Banishment, because he was a Churchman, and so not subject to Lay Censures. In this, the Answer is, Si Dominus Rex & Regni majores hoc vellent, meaning his revocation, Communitas tamen ipsius ingressum in Angliam jam nullatenus sustineret. The Peers subsign this Answer with their names, and Petrus de Montford vice totius Communitatis, as Speaker or Proctor of the Commons; For by this stile Sir J. Tiptoft Prolocutor affirmeth under his Arms the Deed of entail of the Crown by King Henry 4. 
Ch●rtaorig. sub●i, ill Ann. 8. H. 4. apud Rob. Cotton  in the 8. year of his Reign, for all the Commons.  
The Banishment of the two Spencers in 15. E. 2. Praelati Comites & Barones & les autres Peeres de la terre & Commons the royalme, 
Rot. Parl. am. oh 15 E. 2.  give Consent and Sentence to the Revocation and Reversement of the former Sentence; the Lords and Commons accord, 
Rot Parl. anno 16. E. 2.  and so it is expressed in the Roll.  
In the first of Edward the third, 
Rot. Parlanno 1. E. 3. n. 11.  when Elizabeth the Widow of Sir John de Burgo Complained in Parliament, that Hugh Spencer the younger, Robert Baldock, and William cliff his Instruments, had by duress forced her to make a writing to the King, whereby she was despoiled of all her inheritance, Sentence was given for her in these words. Pur ceo que avis est all Evesques Counts & Barones & autres Grandes & a tout Cominalte de la terre, que le dit escript est fait contre ley, & tout manere de raison si fuist le dit escript per agard delparliam. dampue elloques all liure ala dit Eliz.  
In the 4th. of Edward 3. it appears by a Letter to the Pope, that to the Sentence given against the Earl of Kent, the Commons were parties as well as the Lords and Peers; for, the King directed their proceedings in these words; Comitibus, Magnatibus, Baronibus, & aliis de Communitate dicti Regni as Parliamentum illud congregates iu●unximus, ut super his discernerent & judicarent quod ratione & justitiae conveniret, habere prae oculis, solum Deum qui cum concordi & unaenimi sementia tanquam reum criminis laesoe majestatis morti abjudicarent ejus sententia, etc.  
When in the 50th. 
Parl. Anno 〈◊〉 Ed: 3.  of E. 3. the Lords had pronounced the Sentence against Richard Lions. otherwise than the Commons agreed; they appealed to the King, and had redress, and the Sentence entered to their desires.  
When in the first year of R. 2. 
Parl. 1. R. 2. n. 38, 39  William Weston, and John Jennings were arraigned in Parliament, for surrendering certain Forts of the Kings, the Commons were parties to the Sentence against them given, as appeareth by a Memorandum annexed to that Record.  
In I H. 4. although the Commons refer by protestation, 
Parl. 1. H. 4.  the pronouncing the sentence of deposition against King Richard the Second, unto the Lords, yet are they equally interessed in it, as appear by the Record, for there are made Proctors or Commissioners for the whole Parliament, one Bishop, one Earl, one Abbot, one Baronet, and Two Knights, Grace and Erpingham, for the Commons; and to infer, that because the Lords pronounced the sentence the point of Judgement should be only theirs, were as absurd, as to conclude that no authority was left in any other Commissioner of Oyer and Terminer than in the person of that man solely that speaketh the Sentence.  
In the Second of Hen. 
Ho●. Parl. An. ●. H. 5.  the 5th the Petitions of the Commons importeth no less than a Right they had to act and assent to all things in Parliament; and so it is Answered by the King. And had not the Journal Roll of the Higher House been left▪ to the sole entry of the Clerk of the upper house, who, either out of neglect to observe due form, or out of purpose to obscure the Commons right, and to flatter the power of those he immediately served, there would have been frequent examples of all times to clear this doubt, and to preserve a just Interest to the Commonwealth. And how conveniently it suits with Monarchy to maintain this form, lest others of that well-framed body, knit tinder one head, should swell too great and monstrous, it may be easily thought. For, Monarchy again may sooner groan under the weight of an Aristocracy, as it once did, then under a Democracy, which it never yet either felt or feared.  
R: C: B.  
FINIS.