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Collectsuiea Adaiaaiitaea.— Ill . 
 
 COTTONI POSTHUMA: 
 
 OlTers Choice Pieces 
 
 of that renowned antiquary, 
 
 SIB BOBERT COITOH, 
 knight and baronet. 
 
 Preseiwed from the Injury of Time, and 
 to puhliek light, for the benefit 
 Posterity. 
 
 By J. H. Ssq; 
 
 Edited by 
 Edmund Goldsmid, F.B.H.S, 
 
 Vol. I. 
 
 Privately Printed. 
 Edinburgh. 
 1884. 
 
Cottoni Pofthuma : 
 
 DIVERS 
 
 CHOICE PIECES 
 
 OF THAT 
 
 Renowned Antiquary, 
 Sir Robert Cotton, 
 
 Knight and Baronet. 
 
 Preferved from the Injury 
 
 of Time, and exposed to publick 
 light, for the benefit of Pofterity. 
 
 By J. H. Efq; 
 
 London, Printed by M. C. for C. Har- 
 per, and are to be Sold by W.- Henfman 
 and T. Fox, at the Kings Arms, and at 
 the A iigel in Weftmin/ter-Hall, 1679. 
 
To his worthily Honoured 
 Friend, Sir Robert Pye Knight, 
 at his House in Westminster. 
 
 '" # "HE long interest of Friendship, and near- 
 J. jness 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 
 rayes of Knowledge and Civility through these 
 North-west Climbs,) He was pit in the rank of 
 the best sorts of Patriots, who preserv'd from 
 putrefaction and the rust of Time, the Memory 
 arid Works of Vertuous 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, halh made himself 
 famous to Posterity. 
 
 Plutarch in writing the lives «/■ others, made his 
 own everlasting: So an Antiquary, while he feels 
 
4 THE EPISTLE DEDICATORY. 
 
 the pulse ^former Ages, and makes them known to 
 the present, renders himself long liv'd to the future. 
 There was another inducement that moved me to 
 this choice of Dedication, and it was the high 
 respects I owe yon upon sundry obligations, and 
 consequently the desire I had that both the present 
 and after times might bear witness how much I 
 am, aK(/was, 
 
 SIR, 
 3. Nonas Aprl. Your humble and, 
 
 '^51- truly devoted 
 
 Servant, 
 James Howel. 
 
To the knowing Reader, touching 
 
 these following Discourses, and their 
 
 AUTHOR. 
 
 [ HE memory of some men is like the Rose, 
 and other odoriferous flowers, which 
 cast a sweeter and stronger smell after 
 they are pluck 'd : The memory of 
 others may be said to be like the Poppie, and such 
 Vegetals that make a gay and specious shew while 
 they stand upon the stalk, but being cut and 
 gather'd, they have but an ill-favour'd 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 Vertues and 
 Memory, these following Discourses, which I 
 may term, not altogether improperly a Posie of 
 sundry differing Flowers, are expos'd to the 
 World. 
 
 AU whoever knew this well-weighed Knight, 
 will confess what a. great Zeal he was to his 
 
6 TO THE READER. 
 
 Countrey, how in all Parliaments, where he 
 served so often, his main endeavours were to 
 assert the publick Liberty, and that Prerogative 
 and Priviledge might run in their due Channels : 
 He would often say. That he himself had the least 
 share in himself, but his Countrey and his Friends 
 had the greatest interest in him : He might be 
 said to be in a perpetual pursuit after Vertue and 
 Knowledge ; He was indefatigable in the search 
 and research 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 Hederse sequaces ; for an Anti- 
 quary is not unfitly compared to the Ivie, who 
 useth to cling unto ancient Fabriques and 
 Vegetals. 
 
TO THE READER. 7 
 
 In these Difcourfes 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 f leased 
 to consult with their Peers in Parliament for 
 Marriage of their Children, and touching Peace 
 and War, etc. 
 
 3. That the Soveraigns Person is required in 
 Parliament in all Consultations and Conclu- 
 sions, 
 
 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, Je- 
 suits 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 Eccle- 
 siastical Laws ought to be Enacted by Temporal 
 men. 
 
 10. The Arguments produc'd by the House of 
 Commons concerning the Priviledge of every 
 Free-bom Subject, 
 
8 TO THE READER. 
 
 11. A Speech delivered in the House of Commons 
 Assembled at Oxford in the first year of the 
 King. 
 
 12. A Speech delivered before the Council Table, 
 touching the alteration of Coin. 
 
 13. Valour Anatomized 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 Foiiitttde Anato- 
 mized by Sir Francis Walsingham. 
 
 16. The Life and Reign of Henry the Third, 
 compiled 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. 
 
 In the copy in my possession, between Nos. 12 and 13 
 is inserted "The Danger wherein this Kingdom now 
 stande'th, and the Remedy." After No. 1 3 comes No. is; 
 then No. 14. No. 16 is not given; yet the book is 
 evidently complete. — E. G. 
 
RELATION 
 
 OF THE 
 
 PROCEEDINGS 
 
 AGAINST 
 
 AMBASSADORS 
 
 Who have miscarried themselves, 
 &r'C. 
 
 gN humble obedience to your Graces 
 Command, I am emboldened to pre- 
 sent 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 deserve 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 
 
10 COTTONI POSTHUMA. 
 
 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 
 Soveraignty 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 Soveraign Prince he 
 is by the Law of Nations exempt from Legal Tryal, 
 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 hostili- 
 talis, 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. 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 Etrurians their Enemies : ' The 
 Ambassadors of the Tarquines : Morte affligeitdos 
 Romani non judic&runt, df quanquam iiisi sunt tU 
 hostium loco essent, jus tamen Gentium voluit.^ 
 And where those of Syphax had plotted the murder 
 of Masinissa. Non alirid mihi factum quhm quod 
 sceleris sui reprehensi essent, saith Appian: The 
 Ambassadors of the Protestants, at the Council of 
 Trent, though divulging there the Doctrine of the 
 Churches, contrary to a Decree there enacted, a 
 crime equivalent to Treason, yet stood they pro- 
 
 1 Titles Livins 2, dec. 
 '•' Eivins, 
 
COTTONI POSTHUMA. ii 
 
 tected from any punishment.' So much doth 
 public conveniency prevail against a particular 
 mischief; That the State of Rome, though in case 
 of the most capital crime, exempted the Tribunes 
 of the people from question during the year of 
 office : And the Civilians all consent, that Legis 
 de Jure Gentium indicium est, ut eorum corpora 
 salva sint, propter necessitatem legationis, ac ne 
 confundant jura commercii inter PrincipesP' The 
 redress of such injuries, by such persons, the 
 example of Modern and best times will lead us to, 
 Vivia the Popes Legate was restrained by Henry 
 the Second, for exercising a power in his Realm, 
 not admitted by the King, in disquiet of the State, 
 and forced to swear not to act any thing in Praju- 
 dicium Regis vel Regni? Hen. 3. did the like to 
 one of the Popes Ambassadors, another flying the 
 Realm secretly, fearing, timens pelli sui, as the 
 Record saith, Edward, i. so restraining another 
 until he had, as his Progenitors had, informed the 
 Pope of the fault of his Minister, and received 
 satisfaction of the wrongs.* In the year 1523, 
 Lewis de Pratt : Ambassador for Charles 5. was 
 commanded to his house, for accusing falsly Car- 
 dinal Wolsey to have practised a breach between 
 Hen. 8. and his Master, to make up the Amity 
 with the French King ; ^ Sir Michael Throgmorion 
 by Charles the 9. of France, was so served, for 
 
 ' Ada Triden. Concil. 
 
 * August, de Icgibus Antiq. Roman. 
 ^ Benedict, in vita Hen. 2. 
 
 * Record, in Scaccar. JVest. Claiis, Edw. j. 
 5 Lewis in the Paper Chart. 1523. 
 
12 COTTON! POSTHUMA. 
 
 being too busie with the Prince of Conde in his 
 faction. Doctor Man n the year 1567. was taken 
 from his own house in Madrid, and put under a 
 Guard to a straiter Lodging for breeding a Scandal 
 (as the Conde Teri said) in using by warrant of his 
 Place, the Religion of his Country, although he 
 alledged the like permitted to Ghusman de Sylva 
 their Ambassador, and to the Turk no less than in 
 Spain. In the year 1568. Don Ghuernon d'Estes 
 was ordered to keep his house in London, for 
 sending scandalous Letters to the Duke dAlva 
 unsealed. The Bishop of .ffoj.fe 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 medling with more business than 
 belonged to the place of his imployment : The 
 like was done to Dr. Alpin and Malviseit the 
 French Ambassadors successively, for being busie 
 in more than their Masters affairs. In the time of 
 Philip the second of Spain, the Venetian Ambas- 
 sador in Madrid, protecting an offender that fled 
 into his house, and denying the Alcalds 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 inraged. The Ambassador 
 complaining to the King, he remitted it to the 
 Supreme Council; they justified the proceedings, 
 
COTTON/ POSTHUMA. 
 
 13 
 
 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 publick Ordinance unto 
 that State, and all other Princes, that in case his 
 Ambassadors should commit any offence, un- 
 worthily, and disagreeing to their professions, they 
 should not then enjoy the priviledg of those 
 Officers, referring them to be judged by them where 
 they then resided. Bernardino de Mendoza, for tra- 
 ducing falsly 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 of my poor 
 observation, I humbly crave pardon to offer up 
 my simple opinion what course may be had of 
 prosecution of this urgent cause. I conceive it not 
 unfit, that with the best of speed, some of the 
 chief Secretaries were sent lo 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 car- 
 riage 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 
 
14 COTTON/ POSTHUMA. 
 
 be taken by legal examination, where this aspersion 
 begun, the way they only conceived secure to pre- 
 vent the danger ; this fear in likelyhood will be the 
 best motive to induce the Ambassador to make 
 discovery of his intelligence, when it shall be re- 
 quired : 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 con- 
 venient company of either, to have their Maces 
 and ensigns of Office borne before them to the 
 Ambassadors Gate, and then forbom to shew fair 
 respect to the Ambassadors, then to tell them that 
 a relation being made that day in open Parliament 
 of the former information to the King by his Lord- 
 ship, they were deputed from both Houses, the 
 great Council of the Kingdom, to which, by the 
 fundamental Law of the State, the chief care of 
 the Kings 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 Catholicks immoderate using 
 of late the Lenity of Soveraign Grace to the scandal 
 and offence of too many, and this aspersion now 
 newly reflecting upon the Prince and others, meet- 
 
COTTON I POST HUM A. 15 
 
 ing 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 layd) 
 has so inflamed and sharpned the minds of most, 
 that by the access of people to Term and Parlia- 
 ment, the City more filled than usual, and the time 
 it self near May day (a time by custom apted more 
 to licentious liberty than any other) cannot but 
 breed a just jealousie and fear of some disorder 
 likely to ensue of this information, if it be not 
 aforehand taken up by a fair legal tryal in that 
 High Court : Neither want there fearful examples 
 in this kind in the Ambassadors of Genoa upon a 
 far less ground in the time of Parliament, and his 
 house demolished by such a seditious tumult : The 
 Parliament therefore, as well to secure his Lord- 
 ships person, followers and friends, from such 
 outrages, as to preserve the honour of the State, 
 which needs must suffer blemish in such misfortunes, 
 they were sent thither to require a fair discoveiy 
 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 this Message, 
 the two that are never imployed but to the King 
 alone, were at this time sent, and that if by negli- 
 gence of this fair acceptance, there should happen 
 out any such disaster and danger, the World 
 and they must justly judg as his own fault. If 
 upon the delivery of this Message the Ambassador 
 shall tell his charge, and discover his intelligence, 
 
i6 cor TON J POST HUM A. 
 
 then there will be a plain ground for the Parlia- 
 ment to proceed in Examination and Judgment ; 
 but if (as I believe) he will refuse it, then is he 
 Author Scandali both by the Common and Civil 
 Laws of this Realm, and the Parliament may 
 adjudg it false and untrue, and declare by a 
 publick Act, the Prince and your Grace innocent, 
 as was that of the Duke of Gloucester, 2 Rich. i. 
 and of Ym-k in Henry the sixth his time, then may 
 the Parliament joyntly become Petitioners to his 
 Majesty, first to confine his Ambassador to his 
 house, restraining his departure, until his Majesty 
 be acquainted with his offence, and aswel for 
 security as for further practice to put a Guard 
 upon the place, and to make a Proclamation that 
 none of the Kings Subjects shall repair to his 
 house without express leave : and to sen4 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, i. 
 Requiring such Justice to be done in this case, as 
 by the Leagues of Amity, and the Law of Nations 
 is usual, which if the King of Spain refuse, or - 
 delay, then it is Transactio Criminis upon himself, 
 and an absolution of all Amity and friendly intel- 
 ligence, 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 pleafed, usually, 
 to Confult 
 
 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 1679. 
 
THAT THE 
 
 KINGS 
 
 OF 
 
 ENGLAND 
 
 Have been pleased, usually, to Consult 
 
 WITH THEIR 
 
 PEERS 
 
 IN THE 
 
 Great Council, &c. 
 
 |0 search so high as ^z Norman Conquest, 
 it is necessary to lay down the form and 
 Government of those times, wlierein the 
 state of affairs then lead in another form 
 of publick Councils ; for the people brought under 
 by the Sword of William, and his followers to 
 subjected vassallage, could not possess in such As- 
 semblies the right of their former liberties, division 
 and power having mastered them, and none of 
 
20 COTTON/ POSTHUMA. 
 
 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 Villenage ; He moulded their 
 Customs to the manner of his own Country, and 
 forbore to grant the Laws of the Holy Edward so 
 often called for.' 
 
 To supply his occasions of men, mony, or pro- 
 visions, he Ordered that all those that enjoyed any 
 fruit of his Conquest, should hold their Lands 
 proportionably by so many Knights fees of the 
 Crown, and admitted them to mfeoff their fol- 
 lowers, with such part as they pleased of their own 
 portions, which to ease their charge they did in 
 his and his Sons time, by two infeoffments, the 
 one de novo, the other de veteri f This course pro- 
 vided him the body of his War, the money and 
 provision was by Hydage assessed on the common 
 people f at the consent of their Lords, who held in 
 all their Signiories such right of regality, that to 
 their Vassals (as Pans saith) Quot Domini tot 
 Tyranni, and pi'oved 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 
 
 ' Malmsbury. ^ Ex lib- feod. in Scacc 
 
 ** Ex lib. pub. in Scacc. 
 
COTTONI POSTHUMA. 21 
 
 force of this Aristocracy that was like in time to 
 strangle the Monarchy.' 
 
 Though others foresaw the mischief betimes, yet 
 none attempted the remedy, until King John, 
 whose over-hasty undertakings, brought in those 
 broyls of the Barons Wars.^ 
 
 Thex-e needed not before this care to advise with 
 the Commons in any publick assemblies, when 
 every man in Englandh^ tenure held himself to his 
 great Lords will, whose presence was ever required 
 in those Great Councils ; and in whose assent his 
 dependent Tenants consent was ever included. 
 
 Before this Kings time then, we seek in vain 
 for any Council called, the 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, Trcutaturi de magnis, &' arduis 
 negotiis, it was about a War of defence against the 
 French ; And that 1;he Commons were admitted at 
 this time, may be fitly gathered by this Ordinance, 
 viz. Provisum est assensu Archiepiscoporum, Com- 
 itum, Baronum, &' omnium fidelium nostrorum 
 Anglitp., quod novem milites per Angliam inveniend. 
 decimarum, &c. and this was directed to all the 
 Sheriffs in England, the ancient use in publishing 
 Laws : From this there is a breach until the 18 
 Hen. 3. where the next summons extant is in a 
 
 1 Chron, de Dunstable. Mat. Paris Benedictus Mo- 
 nachus in vita Hen. 2, 
 
 2 Gervas, Dorch. Roger Wendover. 
 ^ Claus. 6. Job. in 3. Dorso. 
 
22 COTTONI POSTHUMA. 
 
 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, Lords, Knights, and Bur- 
 gesses, are much the same in manner, though not 
 in matter, to those of our times.^ 
 
 This Parliament was called to advise with the 
 King fro pace assecuranda &" firmanda, they are 
 the words of the Writ, and where advice is re- 
 quired, consultation must needs be admitted. 
 
 To this King succeeded Edward his Son, a wise, 
 a just, and fortunate Prince ; in his Reign, and so 
 long to the fourth of his Grandchild, we have no 
 light of publick Councils in this kind, 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 Journals Rolls being 
 spoiled, by the injury of times or private ends.' 
 
 This King, in the fifth of his Reign, called a 
 Parliament, 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, Ad tract- 
 and. ordinand. &'faciend, cum Prcelatis, Proceri- 
 bus &' aliis Incolis Regni quibuslibet hujusviodi peri- 
 
 1 Petit. 1 8. 
 
 2 Claus. 49. Hen, 3. in 11, Dors. 
 
 8 Ex Rot. Pari, in Archivis London. 
 ^ Claus 5 Edw, J. in 12. 
 
COTTON! POSTHUMA. 23 
 
 culis &= excogitatis mails sit objurand} Inserting 
 in the Writ that it was Lex justissima, provida 
 circumspectione stubilit : Tliat Quod omnes tangit 
 ab omnibus approbetur. In 34. Super ordinatione 
 Ss' stabilimento Regis Scotia, he made the like 
 Convention.' 
 
 His Son the second Edward, pro solennitate 
 Sponsalium &= Coronationis, consulted with his 
 people in his first year ; in his sixth year, super 
 diversis negotiis statum regni, Ss' expeditionem 
 Guerrje Scotise specialiter tangentibus, he as- 
 sembled 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, 
 super arduis negotiis statum Gasconice tangentibus. 
 And in 16. to consult ad refranand. Scotorum 
 obstinentiam &^ militiam.* 
 
 Before that Edward the 3. in his first year would 
 resolve whether Peace or War with the Scotish 
 King, he summoned the Peers and Commons, 
 super prtemissis iractare &" consilium impendere} 
 
 The Chancellor in Anno quinto declareth from 
 the King the cause of that Assembly, And that it 
 was to consult and resolve, whether the King 
 
 ' Rot. Pari. Anno 7 Edw. i. 
 
 '^ Claus. 7. Edw. I. in 3. Dors. Claus. 34. Ed. i. in dors. 
 
 3 Claus. I. Edw. 2. in ig. in dors. Claus. 6. Ed. ■^. in 
 3. in dors. Claus. 8. in 3. in dors. 
 
 ^ Claus. 13. Ed. 2. in 13. in dors. Claus. 16. E. z. 
 in 27. in dors. 
 
 * Claus. I. Ed. 3. in dors. 
 
24 COTTONI POSTHUMA. 
 
 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, 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 Councils, the 
 Peers and Commons consult, applauding the 
 Religious and Princely forwardness of their Sove- 
 raign to this holy enterprize, but humbly advise a 
 forbearance this year for urgent occasions.'' 
 
 The same year, 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 tlje expediting the Treaty of Marriage : 
 the Prelates by themselves, the Eark 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 the King to forbear his journey, 
 and to draw towards those parts where the perils 
 were feared, his presence being the best pre- 
 vention ; which advice he followed.' 
 
 In the following Parliameni'aX York the King 
 
 > Rot. Pari. s. Edw. 3. 
 
 3 Pari. 6. Edw. 3. 
 
 " Rot. Pari. 6. Edw. 3. Sess. 2. in 6. 
 
COTTONI POSTHUMA. >s 
 
 sheweth how by their former advice he had drawn 
 himself towards the North parts, and now again 
 had assembled them to advise further for his pro- 
 ceedings, to which the Lords and Commons 
 having consulted apart, pray further time to 
 resolve, until a full assembly of the State, to 
 which the King granting, adjourneth that Ses- 
 sions.' At the next meeting they are charged 
 upon their Allegiance and Faith, to give the King 
 their best advice ; the Peers and Commons con- 
 sulting 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 Domestick 
 quiet may be preserved, the Marches of Scotland 
 defended, and the Sea secured from forreign 
 Enemies ; the Peers and Commons having apart 
 consulted, the Commons after their desire not to 
 be charged to counsel in things Des qtieax Us 
 n'ont 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 Council, and for the safeguard 
 of the Seas, they wish that the Cinque Ports, and 
 Marine towns, discharged for the most part from 
 the main 'burthens of the In-land parts may have 
 that left to their charge and care, and that such as 
 
 • Rot. Pari. 7. Edw. 3. 
 
 ^ Rot. Pari 7. Edw. 3. Sess. u. Pari. 7. Edw. 3. in 6. 
 
 ^ Rot. Pari. 13. Edw. 3. 
 
26 COTTON I POSTHUMA. 
 
 have lands neer the Coasts be commanded to 
 reside on those possessions. 
 
 The Parliament is the same year reassembled 
 Avisamento Pmlatorum, procerum, necnon com- 
 munitatis, to advise de expeditione guerrm 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 Parlia- 
 ment the expenses of the Wars, a new aid is 
 granted, and by several Committees in which 
 divers are named that were no Peers of Parlia- 
 ment, the safeguard of the Seas, and defence of 
 the borders are consulted of.^ 
 
 In the 15 year, Deassensu Pralatorutn Prourum 
 &= aliorum de consilio, the Kings 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 Soveraign 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 Popes 
 mediation. 
 
 * Rot. Par!. 13; Edw. 3. Sess. :i. 
 "Pari, m: Ed. 3. 
 
COTTONI POSTHUMA. 27 
 
 The Popes undertaking proving fruitless, 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 either by Battel or Peace, and no 
 more to trust upon the mediation or message of 
 his Holiness.' 
 
 In the 21 year, the chief Justice Thorpe de- 
 claring to the Peers and Commons that the French 
 Wars began by their advice first, the Truce after 
 by their assents accepted, and now ended, the 
 Kings pleasure was to have their Counsels in the 
 prosecution, the Commons being commanded, Que 
 Us se deveroyent trait ensemble &' se quils ensen- 
 teroient monstrer au Roy &» au 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 im-. 
 ployments, a Parliament was summoned Anno 25. 
 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 Kings.^ 
 
 In the 27 a. Great Council is assembled, many 
 
 ' Rot, Pari. 18. Edw. 3. " Rot. Pari. 21. Edw. 3. 
 a Pari. 25. Ed. 3. 
 
23 COTTOMI POSTHUMA. 
 
 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, 
 when honourable peace could not be gotten ; but 
 the year following a Truce offered, the King for- 
 bore to entertain, until he had the consent of the 
 Peers and Commons, which they in Parliament 
 accorded unto before the Popes Notary, by publick 
 Instrument.^ 
 
 The dallying of the French King in conclusion 
 of peace, and the falling off of the Duke oi Brittany, 
 having wrought his end with France by reputation 
 of the English succour, is the year following de- 
 clared in Parliament, and their advice and aid 
 required for the Kings proceeding.' 
 
 In the 36 year he called a Parliament to consult 
 whether War or Peace by David King of Scots 
 then offered, should be accepted ? * 
 
 In the 40 the Pope demanded the tribute of King 
 John, the Parliament assembled, where after con- 
 sultation apart, the Prelats, Lords, and Commons 
 advise the denyal, although it be by the dint of 
 Sword." 
 
 In 43. 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 Kings subjects in Gascony, to make at 
 
 ' Par!. 27. Ed. 3. ■• Pari. 36. Ed. 3. 
 
 2 Pari. 27. Ed 3. 5 Pari. 40 Ed. 3. 
 
 ^ Pari. 29. Ed. 3. 
 
COTTONI POSTHUMA. 29 
 
 Paris their appeals, and had forraged his Town 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 advisefl the King to both, which he approv- 
 ing, altered the inscription and figure of his Seal. 
 
 Two years after it was declared to the Peers 
 and Commons, that by their advice he had again 
 resumed the stile and quarrel of France, and there- 
 fore 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 ; ^ the like 
 of Counsel and supply was the year succeeding." 
 
 In the 50 a Parliament to the purposes of the 
 other two was summoned ; and the year following 
 the King in Parliament declaring how the French 
 combined underhand against him with Spaiv and 
 Scotland, required their advice, how Peace nt 
 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, and troubles, having nothing worthy his 
 
 ' Pari. 43. Ed. 3. ' Pari. 46. Ed. 3. 
 
 2 Pari. 45. Ed. 3. ■• Pari. 50. Ed. 3. 
 
30 COTTONI POSTHUMA. 
 
 great fortunes, but his great birth ; the first of his 
 Reign he pursued the Steps of his wise Grand- 
 father, 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, 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, 
 how to maintain his regality, impaired by the 
 Popes provision, how to resist Spain, France and 
 Scotland, that had raised Wars against him, how 
 to suppress his Rebels in Guyen and Ireland, and 
 how to defend the Seas.' 
 
 The like in the fourth year following at 
 Windsor ; * the year succeeding at a great Council, 
 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 pro- 
 ceeded in the great Council to stay it fitter to 
 popular advice.* 
 
 The quarrel of Spain continuing, the Duke of 
 Lancaster offered a Voyage against them, so that 
 the state would lend him money, after consulation 
 they granted aid, but not to bind them to any 
 continuance of Wars with Spain? 
 
 • Pari. 1. Rich. i. in 5 & 6. ^ Pari. 4. Rich. 2. in 2 & 3. 
 
 2 Pari. I. Rich. 2. in 7. ^ Pari. 5. Rich. 2. in 3. 
 
 3 Pari. 3. Rich. ^. in 4. & 5. « Pari. 5. Sess. ^. 
 
COTTON! POSTHUMA. 31 
 
 In the 6th the Parliament was called, to consult 
 about defence of the borders, the Kings possessions 
 beyond Sea, Ireland and Gascoyne, 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 Portugal, the Lords approve the 
 Dukes intention for Portugal, and the Commons 
 advise, that Thomas Bishop of Norwich, having 
 the Popes Croiceris, should invade France?- 
 
 The same year the State was re-assembled to 
 consult, whether the King should go in person to 
 rescue Gaunt, or send his army; the Commons 
 after two days debate, crave a conference with the 
 Lords ; the effect is not entered in the Roll, only 
 they bid Sir Thomas Pickering 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 Popes Croiceris be used in that service, who 
 accepted the Charge with ill success ; he further 
 for the Commons prayed, that the Kings Unkle 
 should not be spared out of the Realm, before 
 some place be settled with the Scott, 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, and so the 
 
 ' Pari. 6. Rich. z. » Pari. 6. Sess. 2. 
 
32 COTTONI POSTHUMA. 
 
 Commons, to consult whether Peace or War with 
 Scotland, or whether to resist or assail the Kings 
 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 accompt in Parliament the expence of the 
 monies, and be punished for his faults in the 
 service he undertook, both which are granted. 
 
 At the next Sessions, the same year, the Com- 
 mons are vifilled to advise upon view of Articles of 
 Peace with the French, 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, Quils intendent que aucunes 
 sermces Gf terres que mesme leur Leige auroit oil 
 pur cest accord in Guien, si serront temts dobt Roy 
 Francois par homage ^ service, mats ne persont 
 uny que leur dit Leige voiroit assenter trope 
 legierement de tenter dicens Francois pertiel service 
 la ville de Callis &= aultres terres conquises des 
 francoise per lespreneve verroit la comen ense faest 
 fait, si autrement lour perroit Men faier, giving 
 their opinions rather for Peace than War ;^ Peace 
 with France not succeeding the eight year, the 
 body of the State was willed to advise, whether 
 the King in his own person, or by sending of 
 
 ' Par. 7 Rich. a. 2 p^j ^ g^j^ ^ 
 
COrrONI POSTHUMA. 33 
 
 foi-ces against the Frettch, Spain, Flanders, and 
 Scotland, should proceed.' 
 
 This King having assembled at Oxon, his great 
 Council to advise whether he should pass the Seas 
 or no, with an Array Royal, and they not daring 
 to assent without greater Counsel.'' 
 
 A Parliament the tenth year to have the advice 
 of the Commons, as well as of the Lords, was 
 called, and how the Realm should be governed 
 in their Sovereign's absence.' 
 
 The truce with France was now expired, the 
 Parliament was called in the 13th. to advise upon 
 what conditions it should be renewed, or otherwise 
 how the charge of the War should be susteined ; ' 
 at this assembly, and by consent of all, the Duke 
 of Lancaster is created Duke of Aqtdtaine, the 
 Statute of provisions now past, the Commons a 
 party in the Letter to the Pope.* 
 
 The year succeeding, a Parliament is called, for 
 the King would have advice with the Lords and 
 Commons for the War with Scotland, and would 
 not without their Counsels conclude a final peace 
 with France. The like assembly for the same 
 causes was the year ensuing, the Commons inte- 
 resting the King to use a moderation in the Law of 
 provisions, to please at this time their holy Father, 
 so that the Statutes upon their dislike may again 
 be executed ; and that to negotiate the peace with 
 
 ' Par. 8. Rich. 2. ■< Pari. 13. Rich. 2. 
 
 s Claus. 9. Rich 2. 5 Rot. Claus. 13. Ric. z 
 
 ■* Par. 10. Rich. 2. 
 
34 COTTON I POSTHUMA. 
 
 France, the Duke of Aquitaine may rather than 
 another be imployed.' 
 
 To consult of the Treaty with France for Peace, 
 the King in the seventeenth calleth a Parliament 
 (the answer of the Lords is left unentred in the 
 Roll) the Commons, upon their faith and allegiance 
 charged, advised that with good moderation homage 
 may be made, for Guien an appenage of the French 
 Crown, so it trench not to involve the other pieces 
 of the English Conquest, their answer is large, 
 modest and worthy to be marked.^ 
 
 Now succeedeth a man that first studied a 
 popular party, as needing all to support his titles. 
 
 He in the fifth year calleth a Parliament to re- 
 press the malice of the Duke of Orleance, and to 
 advise of the Wars in Ireland sxA iVro^/aKi/ (neither 
 Counsels or supplies are entred in the Roll) and 
 to resist an invasion intended by France and 
 Brittain he assembleth the State again ; the like 
 was the second year following for France? 
 
 In this the Commons confer, 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, & a Proclamation 
 published, as they resolved ;■■ by the Speaker the 
 Commons complain of 96 pieces of importance lost 
 in Guien the year before, need of the defence of 
 the borders, and Sea coasts, to suppress the Re- 
 
 ' Par. 14. Ric. z. 2 parf. 17. Ri. 2. 
 
 3 Pari. 5. Hen. 4. Pari. 6. Hen. 4. Pari. 7, & 8. 
 Hen. 4. in 19. & 20. 
 ■' Claus. 7. H. 4. 
 
COTTONI POSTHUMA. 35 
 
 bellion in Wales, and disloyalty of the Earl of 
 Northumberland, ' they humbly desire that the 
 Prince may be dispatched into those parts with 
 speed/ and that the Castle of Manlion, the key 
 of the three Realms might be left to the care of 
 the English, and not to Charts of Navarre a 
 stranger, and to have a vigilant eye on the Scot- 
 tish Prisoners.^ 
 
 In the tenth the Parliament is commanded to 
 give their advice about the Truce with Scotland, 
 and preparation against the malice of the French. 
 
 His Son, the wise and happy undertaker, advised 
 with the Parliament in the first year, how to cherish 
 his Allies and restrain his Enemies ;* for this there 
 was a secret Committee of the Commons appointed 
 to conferr with the Lords, the matter being entred 
 into a schedule touching Ireland, Wales, Scotland, 
 Callis, Guien, Shipping, Guard of the Sea, and 
 War, provision to repulse the Enemies.* 
 
 In the second he openeth to the Parliament his 
 Title to France, a quarrel he would prosecute to 
 death, if they allowed and aided, death is in his 
 Assembly enacted to all that break the Truce, or 
 the Kings safe conduct.' 
 
 The year following, peace being offered by the 
 French King, and the King of the Romans arrived 
 to effect the work, the King refuseth any conclusion 
 until he had thereunto advice and assent of the 
 
 * In 33. ^ Pari. 1, Hen. 5. In 2. 
 
 2 In 57, ^ In 4. 
 
 ' In 59. " Pari. 3. Hen. 3. 
 
35 COTTON/ POSTHUMA. 
 
 Lords and Commons, for which occasion the 
 Chancellor declareth that Assembly.' 
 
 In the fourth and fifth, no Peace being concluded 
 with France, he calleth the State together to con- 
 sult about the War, concluding a Treaty of amity 
 •witli Sigismund, King of the Romans, by allow- 
 ance of the three Estates, and entred Articles into 
 the Journal Rols.''^ 
 
 The same year, by the Duke of Bedford, in the 
 Kings absence, a Parliament was called to the 
 former purposes, as appeareth by the Summons, 
 though in the Roll omitted.' The like in the 
 Seventh. * 
 
 The Treaty with Prance is by the Prelates, 
 Nobles, and Commons of the Kingdom perused 
 and ratified in the nth. of his Reign. 
 
 His Son more holy than happy, succeeded ; ad- 
 viseth him the second year with the Lords and 
 Commons, for the well keeping the Peace with 
 Fratwe ; consulteth with them about the delivery 
 of the Scottish King, and the conclusion of it is 
 confirmed by common assent. * 
 
 And in the third year they are called to advise 
 and consent to a new Article in the League with 
 Scotland, for change of Hostages." 
 
 And in the ninth, conclude certain persons by 
 name to Treat a Peace with the Dolphin of 
 France.'' 
 
 ' Pari. 3. Hen. 5. = Rot. Pari. 2. Hen. 6. 
 
 2 Pari. 4 & s. Hen. 5. 6 Rot. Pa. 3. H. 6. 
 
 3 Pari. 5 Hen. 5. ' Rot. Pa. 9. H. 6. 
 ■• Pari. 7. Hen. 5. 
 
COTTONl POSTHUMA. 37 
 
 The Treaty at Arras, whither the Pope had 
 sent as Mediators two Cardinals not succeeding. 
 
 The King in Parliament, Anno 14. sheweth he 
 must either lose his Title, Stile, and Kingdom of 
 France, or else defend it by force ; the best means 
 for the prevention thereof he wUIeth them to 
 advise him.' 
 
 He summoneth again the next year the State, 
 to consult how the Realm might be best defended, 
 and the Sea safe kept against his Enemies.^ 
 
 In the twentieth, the Commons exhibite a Bill 
 for the Guard of the Sea, ascertain the number of 
 Ships, assess Wages, and dispose Prizes of any 
 fortune, to which the King accordeth; and that 
 the Genouese may be declared enemies for assisting 
 the Turks in the spoyl of the Rhode Knights, and 
 that the priviledges of the Pruce and Uans Towns 
 Merchants may be suspended, till compensation 
 be made to the English for the wrongs they have 
 done them, to which the King in part accordeth." 
 
 The King by the Chancellor declareth in Parlia- 
 ment, Anno 23. That the Marriage with Margaret, 
 the King of Sicils Daughter, was contracted for in- 
 ducing the Peace made with France, against which 
 the Lords, as not by their advice effected, make 
 Protestation, and enter it on the Roll.'' 
 
 In the 25. the King intended to pass in Person 
 into France, and there to treat a Peace with the 
 King, adviseth with the Lords and Commons in 
 
 ' Rot. Pari. 14. Hen. 6. ^ Pari. 20. H. 6. 
 2 Rot. Pari. 15. Hen. 6. ■• Pari. 23. H. 6. 
 
38 COTTON! POSTHUMA. 
 
 Parliament, and Letters of Mart are granted 
 against the Brittains, for spoil done to the English 
 Merchants.' 
 
 The Lord Hastings, and Abbot of Glocester, 
 declare in Parliament, Anno 27. the preparation 
 of the French, the breach by them of the Peace, 
 the weak defence of Normandy, and the expiration 
 shortly of the Truce, requiring speedy advice and 
 remedy." 
 
 In the 29. it was enjoined by Parliament, to 
 provide for defence of the Sea and Land against 
 the French.^ 
 
 It was commanded by the King to the States 
 assembled. Anno 33. to advise for well ordering 
 of his House, payment of the Soldiers at Callis, 
 guard of the Sea, raising of the Siege at Barwick, 
 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 ihs Fourth, by the Chancellor, declareth 
 in his seventh year to the Lords and Commons, 
 that having made peace with Scotland, entred 
 League with Spain and Denmark, contracted with 
 Burgundy and Britany for their ayd in the 
 recovery of his right in France, he had now called 
 
 1 Rot. Pari. 25. Hen. 6. in 3. 3 Pari. 29. H. 6. 
 = Pari. 27. H. 6. " Pari. 33. H. 6. 
 
COTTONi POSTHUMA. 39 
 
 them to give their Counsels in proceeding, which 
 Charge in a second Sessions was again proposed 
 unto them.' 
 
 The like was to another Parliament in his 
 twelfth year.'' 
 
 After this time their Journals of Parliament 
 have not been well preserved, or not carefiiUy 
 entred ; 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 : The 
 first to devise a course to resist the Invasion of the 
 Scots, next how to acquit the quarrel between the 
 King of Castile, and the Duke of Geldres his Allie ; 
 lastly, for assisting the Pope against Lewis King 
 of France, whose Bull expressing the injuries done 
 the Sea Apostolick, was read by the Master of the 
 Rolls in open Parliament, The Chancellor, the 
 Treasurer, and other Lords sent down to the 
 Commons to confer with them.* 
 
 The last in the 32d. of the same year, where the 
 Chancellor remembring the many troubles the 
 State had undergone, in doubtful titles of Succes- 
 sion, declareth, that although the Convocation 
 had judged void the marriage of Anne of Cleve, 
 
 < Pari. 7. E. 4. 3 Rot. Pari, i Hen. 7. 
 
 i^arl. 12, E. 4. -"Pari. 3. H. 8. 
 
40 COTTONI POSTHUMA. 
 
 yet the King would not proceed without the 
 Counsel of the three Estates : The two Arch- 
 bishops 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 pnblick Counsels, 
 wherein I have been much assisted by the painful 
 labour- of Mr.. Elsing, Clerk of the Parliament, 
 and still observe that the Soveraign Lord, either 
 in best advice, or in most necessities, would 
 entertain the Commons with the weightiest causes, 
 either forrain or domestique, to apt and bind them 
 so to readiness of charge, and they as warily 
 avoiding it to eschew expense ; their modest 
 answers may be a rule for igilorant liberty to form 
 their duties, and humbly to entertain such weighty 
 Counsels at their Soveraigns pleasure, and not 
 to the wild fancy of any factious spirit. I will 
 add one forraign example to shew what use hath 
 been formerly made by pretending Marriages, 
 & of Parliaments to dissolve them, their first 
 end served. 
 
 Maximilian the Emperour, and Ferdinand of 
 Spain, the one to secure his possessions in Italy, 
 the other to gain the Kingdom of Navarre, (to 
 both which the French King stood in the way) 
 projected a Marriage of Charts their Grand-child, 
 with Mary the King of Englands Sister, it was 
 embraced, and a Book published of the benefits 
 likely to ensue the Christian world by this malch.^ 
 
 ^ Rot. Pari. 32. Hen. 8. - Tractat. malriinonial. 1510. 
 
COTTON! POSTHUMA. 41 
 
 Upon this ground, Ferdinando beginneth to incite 
 Henry the 8th. to War with France, presents him 
 with succours, and designs him Guien to be the 
 mark ; and Dorset is sent with men and munition 
 to joyn with the Spanish Forces then on the 
 Borders of Navarre : the noise is, they came to 
 assist Ferdinand in the Conquest of that King- 
 dom, which though false, gained such reputation, 
 that Albret was disheartned, and Ferdinand 
 possessed 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 ; 
 lerouen and Tottrnay is now the object, whither 
 Benry goeth with Victory, but better advised 
 (with that pittance) makes an end by peace with 
 France, whose aim and heart was set on Millain,^ 
 
 A new bait the old Emperour findeth out to 
 catch the Ambitious young man, he would needs 
 resign unto him the Empire, too heavy for his age 
 to bear : The Cardinal Sedunensis is sent over to 
 sign the Agreement, which he did, and France 
 must now again be made an Enemy. To prevent 
 this danger Francis released his Title to Naples, 
 and offereth Laogitia his Daughter to Maximilians 
 Grandchild Charls, at Noyon : this is acted in the 
 dark, and at Arno the French Commissioners 
 came up the back stairs with 60000 Florins, and 
 
 * Ex Uteris orig. legator. 
 
 2 Ex tract. Hen. 8. & Maximilian. 1511. 
 
42 COTTONI POSTHUMA. 
 
 they engtossed Covenants, when the abused King 
 of Englands Ambassador Pace, went down the 
 other ;' the good Cardinal returneth home, meeteth 
 by the way this foul play of his Master,^ and writ 
 to the King of England, not in excuse, but in 
 complaint, Contra perfidiam Principum, axilaonest 
 Letter. Ferdinand and Maximilian dead, Francis 
 and Charls are Competitors for the Empire." 
 Henry the 8th. is courted for his help by both ; 
 the one with the tye of Alliance (for the Infant 
 Dolphin had affyed Henry the 8ths Daughter) the 
 other with the like, and Daughter, he will make 
 his Daughter a Queen in prcesente, which the 
 Dolphin cannot do, and by his favour an Empress.'' 
 
 To further France was but to win Ambition to 
 prey upon all his Neighbours, the English King is 
 won, and winneth for Spain the Imperial wreath,' 
 which Charls in two Letters I have of his own 
 hand then thankfully confessed.^ 
 
 From Aquisgrane he Cometh Crowned in hast to 
 England, Wedded at Windsorthe King's Daughter, 
 contracteth to joyn in an Invasion of France, to 
 divide it with his Father in Law, by the River of 
 Rodon, and sweareth at the Altar in Paids to keep 
 faith in all. 
 
 Bourbon is wrought from France, and entreth 
 Provence with an Army, paid with King Henries 
 
 I Ex tract, orig. 
 
 3 Ex. Utteris Ric. Pace Legat. Reg. Anglice. 
 
 8 Ex Uteris Car. Sedunensis. 
 
 * Ex Uteris Carol. Reg. Hisp. 
 
 ^ Ex Uteris Car, Imperat. original. 
 
 ** Extract. AVind. 1522. Ex instru. orig. jurament. 
 
COTTON/ POSTHUMA. 43 
 
 money ; Suffolk passed with the English Forces by 
 Picardy :' But Charles the Emperour, who should 
 have entred Guyen faileth, drawing away Burbon 
 from a streight Siege of Marseilles, to interrupt 
 Francis then entered Italy, and so the enterprize 
 oi France is defeated, the French King is at Pavie, 
 taken Prisoner by Pescaro, led to Gron, hurried 
 into Sfain by the Emperours Galleys, and forced 
 at Madrid to a hard bargain, without privity of 
 Henry the 8th. or provision of him, who had 
 been at the greater charge of that War, Now the 
 Emperour affecteth that Monarchy that hath ever 
 since (as some say) infected the Austrian Family.^ 
 
 Rome, the fatal old Seat of Government, must 
 be the Seat of his Empire : Burbon, and after 
 Moncado are directed to surprize it.' Angela, the 
 observant Fryer, is sent before the Pope, consigned 
 by the Emperours Election, who meant (as his own 
 instructions warrant) to restore that right again to 
 the Imperial Throne.'' 
 
 Charts will follow him from Barcellona with an 
 Army ; but before, he must call a Parliament at 
 Toledo, whether by election or affection, I dare 
 not divine ; * that Assembly maketh Protestation 
 against their Masters Marriage with England, and 
 assign him Isabella of Portugal for a Wife ; the 
 
 * Ex Uteris Richardi Pace, & Johannis Russel. 
 
 2 Ex tract. Madrislensi 526. Ex Rot. Com. Russel & Pace. 
 
 ^ Ex instru. orig. Carol. 5. 
 
 ^ Ex instru. H. 8. Bryano & Gardinen. 
 
 * Ex Uteris Cuthb. Tunstall. Epis. Lond. Legat. Hen. 
 S. in Hispan. 
 
44 COTTONI POSTHUMA. 
 
 Instraments are sent signed by the Imperial Notary 
 to Henry the 8th.' And Charls bemoaneth the 
 streight 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 Ferdinado his Chaplain, to 
 invite the Earl of Desman to rebel in Ireland.* 
 
 And to invite jfames the First, by promise of a 
 Marriage to Christian of Denmarks Daughter, his 
 Neece ; to enter the English Borders, to busie the 
 English King, for asking a strict accompt of that 
 Indignity.' Henry the 8th. vi'ith Providence and 
 good success over-vprought these dangers, and by 
 the League of Italy he forced him to moderate 
 Conditions at the Treaty of Cambray, 1 529. He 
 being made Caput fcederis against the Emperour." 
 
 I may end your Honours trouble with this one 
 Example, and with humble prayers, That the 
 Catholique 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, &c. 
 
 1 Ex protestat. orig. Toledonensi Pari. 
 
 2 Ex literis Car. Wolsey & Greg. Lu<;atlus. 
 
 ^ Ex instru. Signat, Ch. Im. Gonzado Ferdinand. Capel. 
 suo dat. 24. Feb. 
 
 * Ex lib. N. N. N. Dom Car. 
 
 5 Ex literis intercept, a Com. Northumb. Custod. March. 
 Scotix. 
 
 ^ Ex tract, orig. in ArchiWest. Ex tract. Cambrens.iS2g. 
 
THAT THE 
 
 SOVERAIGNS 
 
 PERSON 
 
 is Required in the Great 
 
 COUNCILS, 
 
 OR 
 
 ASSEMBLIES 
 
 OF THE 
 
 STATE, 
 
 As well at the Consultations 
 
 as at the Conclusions. 
 
 Written by Sir Robert Co//o«, Knight 
 and Baronet. 
 
 LONDON, 
 Printed in the Year, 1679. 
 
THAT THE 
 
 SOVERAIGNS 
 
 PERSON 
 
 is Required in the Great 
 
 COUNCILS, 
 
 OR 
 
 ASSEMBLIES 
 
 OF THE 
 
 STATE, &c. 
 
 INCE of these Assemblies few Diaries, or 
 exact Journal Books are remaining, and 
 those but of late, and negligently entred, 
 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 deduce it the clearer down, 
 some essential circumstances of name, time, place, 
 
48 COTTON! POSTHUMA. 
 
 occasion, and persons, must be in a general shortly 
 touched, before the force of particular proofs be 
 laid down. This noble body of the State, now 
 called the Houses in Parliament, is known in 
 several Ages, by several names, Concilia the 
 Councils in the old times, after Magnum Com- 
 mune, and Generate, Concilium, Curia Magna, 
 capitalis. and Curia Regis ;' sometimes Generale 
 Placiium, and sometimes Synodi and Synodalia 
 decreta, although aswell the causes of the Common- 
 wealth as Church were there decided. The name 
 of Parliament, except in the Abbots Chapters, not 
 ever heard of until the Raign of King John, and 
 then but rarely. At the Kings Court were these 
 Conventions usually, and the Presence, Privy- 
 Chamber, or other room convenient, for the King 
 in former times as now, then used f for what is 
 the present House of Lords, but so, as at this time 
 and was before the firing, the Palace at West- 
 minster, about the seventeenth of .ff^a;;^/ the eighth 
 who then and there resided. 
 
 Improbable it is to believe the King was ex- 
 cluded his own Privy Chamber, and unmannerly 
 for guests to barr him the company, who gave to 
 them their entertainment. It was at first as now 
 Edicto Principis, at the Kings pleasure.' Towards 
 the end of the Saxons, and in the first time of the 
 Norman Kings, it stood in Custom-Grace, to 
 
 1 Ex Consiliis Reg. Saxon. Cantuar. Glanvil. lib. Ely. 
 
 2 Leges Etlielredi. Ingulphus. Croylandensis. Registra 
 Monaster. 
 
 ■* Regist. Eliensis. 
 
COTTONI POSTHUMA. 49 
 
 Easter, Whiisentide, and Christmas fixed.' The 
 Bishops, Earls, and Lords, Ex >nore, 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, 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, and then it returned to the un- 
 certain pleasure of the Soveraigns summons.' The 
 causes then as now of such Assemblies, were pro- 
 visions for the support of the State in Men and 
 Money ; well ordering of the Church and Common- 
 wealth, and determining of such causes, with or- 
 dinary Courts nesciebant judkare (as Glanvill the 
 grand Judge under Henry the second saith) where 
 the presence of the King was still required, it being 
 otherwise absurd to make the King assentor to the 
 Judgments of Parliament, and afford him no part 
 in the consultation.* The necessity thereof is well 
 and fully deduced unto us in a reverent monument 
 not far from that grave mans time, in these words, 
 Rex tenetur omni modo personaliterinteresse Parlia- 
 mento, nisi per Corporalein cegritudinem detineatur? 
 Then to acquaint the Parliament, of such occasion 
 of either House, Causa est quod solebat Clamor &' 
 Murmur esse pro absentia Regis quia res damnosa &• 
 
 ' Annates Monasteriorum. Liber de bello. 
 
 ' RegUt. de Wig. 
 
 ' Johannes Eversden. Matthew Paris. Hoveden. 
 
 ■* Bracton. Glanvtll. Fleta. 
 
 * Modus tenendi Parliament. 
 
so COTTONI POSTHUMA. 
 
 periculosa est Mo Communitati Parliamenti &• 
 Regni, cum Rex a Parliamento absens fuerit. Nee se 
 absentare debet, nee potest nisi duntaxat in Causa 
 supradicta. By this appeareth the desire of the 
 State to have the Kings presence in these great 
 Councils by express necessity. I will now en- 
 deavour to lead the practice of it from the dark 
 and eldest times to these no less neglected of ours. 
 
 From the year 720. to neer 900. during all the 
 Heptarchy in all the Councils remaining composed 
 Ex Episcopis, Abbatibus, Ducibus, satrapis, &' 
 onmi dignitate optimatibus, Ecclesiasticis Scilicet 
 &• secularibus personis pro utilitate Ecclesice, (S* 
 stabilitate Regni pertractand. Seven of them are 
 Rege pnecedente and but one by deputy; and 
 incongruous it were and almost non-sence, to bar 
 his presence that is president of such an assembly.' 
 
 The Saxon Monarchy under Alfred, Ethelred, 
 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 generate Placitum before King 
 Ethelred and Edgira the Queen, against Earl 
 Goda to Eldred the King at London, Congregatis 
 Principibus <S» sapientibus Anglice? In the year 
 1502. under Edward the Confessor, Statutum est 
 placitum tnagnum extra Londinum quod Normanni 
 
 ^ Ex Registris Concil, Cantuariae. Ex Consilio Wi- 
 thredl Regist. 
 
 2 Ex Synodis & legibus Alfred!, Ethelredi, Edgari. Ex 
 Registr. Elien. Ex Rcgistr. Abingtonensi. Chronicon 
 de Waverly. 
 
COTTON! POSTHUMA. 51 
 
 ex Francomni consuetud.^ Parliamentum ap- 
 pellant, where the King and all his Barons 
 appealed Goodwin for his brother Alureds death, 
 the Earl denyed it, and the King replyed 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. in 
 Easter week, the cause of the two Archbishops 
 Lanfrank and Thomas, ventilata fuit, in prcesentia 
 Regis Willielm. And after at Windsor, finem 
 accepit in prasentia Regis? At the same feast in 
 the year 1082. (the usual time of such Assemblies) 
 the King, the Archbishops, Bishops, Abbots, 
 Earls, the chief Nobility of the Kingdom present 
 (for so are the words of the Records) the cause 
 between Arsast Bishop of Norway, and Baldwine 
 Abbot of Bury was also argued, Et ventilata in 
 publica jitbet Rex teneri yudicium Causis auditis 
 Amborum.* 
 
 The diligence of his Son, the Learned Henry 
 the first, in executing of this part of his Kingly 
 function is commended to Posterity, by Walter 
 Mape, a Learned man, trained up, and in favour 
 with Henry the second, in these words, Omnia 
 Regali more moderamine faciebat, neminem volebat 
 agere justitia vel pace. Constituerat autem ad 
 
 * Gesta Sancti Edward! Gallice. 
 
 ^ Alured. Rivalensis, vita Edwardi Confessoris. 
 3 Regist. Cantuarien. 
 
 * Regist, Sancti Edmundi. 
 
52 COTTONI POSTHUMA. 
 
 tranquillitatem omnium ut diehus vacationis, vel 
 in domo magna subsidio copiam sui faceret, usque 
 ad horam sexlam, (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 
 yustitice in all stories, and so out-went in quiet 
 guidance of the State his best progenitors.' 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, at the great Councils 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 
 Pentecostis apud sanctum Edmundum, the same 
 King Diademate Insignitus, with the Bishops, 
 Abbots, Earls, aad Barons of the Kingdom, sate 
 daily himself and heard all the debates, concerning 
 the Liberties and Charters of Battle Abbey. The 
 interlocutory Speeches as well of the King, as 
 Lords and parties are at full related in a Register 
 of that Church.' 
 
 The sute between the Church of Lincoln and 
 Saint Albanes, in Priesentia Regis Henry, Arch- 
 episcop. &• Episcop. oimiium Anglice, &• Comitum 
 
 * Walterus Mape de nugis curialium. Hen. Huntingdon. 
 Malmsbury. 
 
 2 Vita "Ilio. Cantuar. per Fitz-Stephanum. Gesta Hen. 
 3. Bcnedictio Abb. Autbore. 
 
 3 Regist. Monast. de Bello. 
 
COTTONl POSTHUMA. 53 
 
 6* Baronum Regni, was at Westminsttr debated 
 and ended.' And had a love of memory and 
 truth been a protector of the publick 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. At Lincoln 
 the Archbishops, some Bishops, but all the Earls 
 and Barons of the Realm, una cum Rege Johannt 
 congregati ad colloquium de concordia Regis Scotice, 
 saith the Register of that Church." 
 
 This use under King Henry the third, needeth 
 no further proof, than the Writ of summons (then 
 framed) expressing that Kings mind and practice ; 
 It is Nobiscum &• Pralatis &• Magnatibus nostris 
 quos vocari fecimus super pramissis tractare &• 
 Consilium impendere, which word Nobiscum im- 
 plieth plainly the Kings 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 re- 
 membred.' Edward the second was present in 
 Parliament in the fifteenth year of his Reign at 
 the complaint against the Spencers, and at the 
 second Parliament that year, for the repeal of that 
 banishment.' 
 
 1 Regist. Lincoln. 
 ^ Liber Burtoniens. Monasterii. 
 3 Rot. Claus. Anno 59. H. 3. 
 ' Rot. Pari. 15. Edw. x. 
 
S4 COTTON I POSTHUMA. 
 
 In the fourth of Edward the third, the King 
 was present at the accusation of Roger Mortimer, 
 but not at the Tryal. ' 
 
 And the next year in the treaty of the French 
 affairs.* 
 
 In the sixth year Intererat Rex in Causa 
 Johannis de Gray & Willielmi de Zous. The 
 same year the second day in Parliament, the 
 King was present at the debate about his Voyage 
 into .Scotland. 
 
 In the fifteenth year the King in the Painted 
 Chamber sitting with the Lords in consultation, 
 the Archbishop after pardon prayed, that for 
 better clearing himself, he might be tryed in full 
 Parliament by his Peers ; which was granted.' 
 
 In the seventeenth in Camera Alba, now the 
 Court of requests. Rex cum magnatibus conveniunt 
 Communes super negotiis Regni.* 
 
 In the tenth of Richard the second, the King 
 departed from the Parliament in some discontent, 
 when after some time. Lords are sent to pray his 
 presence, and inform his Majesty that if he forbear 
 his presence amongst them forty days, that then 
 £x antiquo Statute, they may return absque dom- 
 igereo Regis, to their several homes.' 
 
 Henry the fourth began his first Parliament the 
 first of November, and was the twenty seventh of 
 
 1 Rot. Pari. 4. Edw. 3. 
 = Rot. Pari. Anno. 5. Edw. 3. 
 ' Rot. Pari. Anno is. Edw. 3. 
 * Rot. Pari. Anno 17. Edw. 3.' 
 ' Chronicon Henrici Knighton. 
 
COTTONI POSTHUMA. 55 
 
 the same month at a debate about the Duke of 
 Brittany, the thirtieth day the Cause of the Arch- 
 bishop of Canterbury was before him proposed only. • 
 
 The third of November he was at the debate, 
 whether the Commons had right of Judicature, 
 yea or no.' 
 
 On the tenth he was with the Lords in their 
 consulation about the expedition against the Scots, 
 the creation of the Duke of Lancaster, and 
 prohibition of a new sect for entring his Kingdom. 
 Some Ordinances were at this time consulted of 
 before him about the staple, and the sentence 
 against Haxey after dispute revoked.' 
 
 This King began his second Parliament, the 
 twentieth of January, and on the ninth of 
 February was present tomake agreement betwixt 
 the Bishop of Norwich, and Thomas of Erping- 
 ham.* 
 
 On the twentieth day of the same month he 
 was present at Council for repressing the Welsh 
 Rebels ; for revocation of stipends, and concerning 
 the Priors Aliens. 
 
 On the 26. they advise before the King of the 
 Cistertians order. 
 
 On the second of March of the Statute of 
 Provisions, the Keeper of the privy Seal, of 
 relieving the two Universities. 
 
 And on the ninth of March, they mediate before 
 
 ^ Rot. Pari. Anno i. Hen. 4. 
 ' Rot. Pari. Anno. 2 Hen. 4. 
 s Rot. Pari. 10. Hen. 4. 
 ^ Anno. 2 Hen. 4, Rot. Pari. 
 
56 COTTOXI POSTHUMA. 
 
 the King a reconciliation betwixt the Earl of 
 Rutland and the Lord Fitiewater^ 
 
 He also began a Parliament in the fifth year 
 upon the fifteenth of yamuiry^ and on the 
 twentieth they advise before the King of guarding 
 the Seas, and the Welsh Rebellion." 
 
 On the eighth of Febmary the Earl of North- 
 umberland 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 Westmerland. And on the 
 two and twentieth of February of the Earls of 
 Northumberland and Dunbarre. 
 
 In a Parliament of 27 oi Hen. the 6. a Challenge 
 of seat in Parliament betwixt the Earls oi Arundel 
 and Devonshire, was examined and appointed by 
 the KING with the advice of the Lords.' 
 
 In that great Capital cause of the Duke of 
 Suffolk, the 28 of Hen. 6. I find not the King once 
 present at the debates, but th& Duke appealing 
 from his tryal 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 judgment) 
 adjudged his banishment.' 
 
 1 Rot. Pari. Anno 4 Hen. 4. 
 ' Rot. Pari. Anno 5 Hen. 4. 
 ' Rot. Pari. Anno 27 Hen. 6. 
 ^ Rot. Pari. Anno 28 Hen. 6. 
 
COTTONI POSTHUMA. 57 
 
 By the Rolls of Edward the fourth, it appeareth 
 that he was many days, besides the first and last, 
 in Parliament, and there was entred some 
 Speeches by him uttered, but that of all the rest 
 is most of remark, the reporter then present thus 
 tells it.' This of the Duke of Clarence and the 
 King, Tristis disceptatio inter duos tantce humani- 
 tatis 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 J-ormdrunt in turn sententiam 
 damnationis, 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 to one example. 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 memorials 
 remained, it is no doubt but he would have been 
 as frequent in his Great Council of Parliament, as 
 he' was in the Starr- Chamber, where by the 
 Register of that Court it appeareth as well in 
 debate of private causes, that touch neither life 
 nor Member, as thfise of publick care, he every 
 year of all his reign was often present.' 
 
 ' Rot. Pari. Anno. Edw. 4. 3 Registrum Crolanden. 
 3 Ex Chartis Anno. 12 H. 7. 
 ' Ex Regist. Camera Stellata. 
 
58 COTTON I POSTHUMA. 
 
 Of Henry the eighth, memory hath not been 
 curious, but if he were not often present, per- 
 adventure, that may be the cause, which the 
 learned Recorder Fleetwood, 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 Kings days, 
 for which cause he hath severed their Index from 
 the former : And much lay in the will of Wohey, 
 who ever was unwilling to let that King see with 
 his own eyes.' 
 
 Edward the sixth, 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 im- 
 pertance."^ 
 
 Unfitness, by sex, in his two succeeding Sisters, 
 to be so frequently 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 
 hastned up this abstract, which in all humility he 
 offers up unto your gracious pardon. Presumption 
 to enter the Closet of your Council is far from his 
 
 ' Ex Annalibus Fleetwood Recordat. London. 
 ^ Memorial. £d. 6. propria manu. 
 
COTTONI POSTMUM^. S9 
 
 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 judgment. 
 He dares not say Presidents are warrants to 
 direct ; The success (is as worthy observation) as 
 the knowledg of them, some times 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 
 Consulations of State and decisions of private 
 plaints, it is clear from all times, the King was 
 not only present to advise and hear but to de- 
 termine 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 meer 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 now in debate, the way I 
 <ear, as yet obscure, as great advice to State is 
 
6o COTTONl POSTHUMA. 
 
 needful for the manner, as for the Justice. The 
 example in the cause of the Duke of Suffolk, 28 
 Jffen, 6. where the king gave judgment was pro- 
 tested against by the Lords. That of the Duke of 
 Clarence of Edw. 4. where the Lords and the high 
 Steward the Duke oi Buckingham gave judgment, 
 was protested against by the Commons ; in both of 
 these the King was sometimes present, but which 
 of those may suit these times I dare not guess. 
 
 That of Prima Rich. 2. of Gomeneys and IVes- 
 ton, accused by the Commons plaint for Treason, 
 w^as 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 m.ake a President to judg 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 judg- 
 ment 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 
 
 Conftahle and Marfhal 
 
 OF 
 
 ENGLAND. 
 
 Writen by Sir ROBERT COTTON, 
 Knight and Baronet. 1609. 
 
 LONDON: Printed in the Year, 1679. 
 
DISCOURSE 
 
 OF THE 
 
 LAWFULNESS 
 
 OF 
 
 COMBATS. 
 
 To be performed in the pre- 
 sence of the KING, ^c. 
 
 COMBAr. 
 
 [ Here differences could not be determined 
 by legal proof or testimony, there was 
 allowed the party his purgation ; 
 ( Canonical 
 Which was either \ or 
 {Legal.^ 
 The first by Oath, and called Canonical, because 
 it is Lawful. 
 
 The, other, which was either Per aquam can- 
 dentem, ferrum ignitum, or Duellum, called 
 
 1 Ex lib. 3. Const, car. magni de testibus. Bract. 1. 
 3. u. 18. fol. 137. tit. Corona. 
 
64 COTTONI POSTHUMA. 
 
 vulgare, because it was brought in by the bar- 
 barous people, without the pretext of any Law ; 
 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 incorpo- 
 rated 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, 
 Luiifrandus, and the Mother Church, discon- 
 tinued amongst the Lombards as soon as they 
 grew Civilized in Italy ; yet it continued till of 
 late with us, as a mark of our longer 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, Condemn- 
 andus stepe absolvitttr^ if quia Deus tentatur, 
 decreed so often and streightly 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 i. give leave for Tournaments 
 in five places in England; inter Sarum &> Winton; 
 inter Stamford &' Wallingford, &•€. it a quod pax 
 
 1 Leges Lombard, fot. 17. b. Lultprando Rege. Propter 
 consuetudinem gent, legem impiam vitare non possumus. 
 
 2 De Papin. Hist. 1. 9. c. 11. Lib. 5. Decret. --t. part, 
 ca. 1.. qu. 40. 
 
COTTON I POST HUM A. 65 
 
 tirr{E nostra non infringetur, nee potestas justi- 
 ciaria minorabitur : For performance whereof, as 
 likewise to pay unto the King according to their 
 qualities or degrees, a sum of money proportion- 
 able, and that of a good value and advantage to 
 the Crown, they take a solemn Oath. ' 
 
 The like I find in 20 E. i. and 18 E. 3. granted 
 Viris militaribtis Comitatus Lineoln, to hold a 
 Just there every year." Riehard Redman, and his 
 three Companions in Arms, had the licence of 
 Rich. 2. Hastiliuiere cum Willielmo Halberton, 
 cttm tribus sociis suis apud Civitat. CarlioL' The 
 like did H. 4 to yohn de Gray ; 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 velferias quas vulgo Tornia- 
 vienta vacant, in quibiis Milites convenire solent ad 
 ostentationem virium suarum &• audacicr, undc 
 mortes homimim cS° pericula animarum sispe con- 
 veniunt. And therefore did Gregory the tenth 
 send to Edward X^e first his Bull pro subtrahenda 
 Regis prcEsentia h Tomiameniis A partibtts Franciie, 
 as from a spectacle altogether in a Christian Prince 
 unlawful : For, Gladiatorum sceleribus non minus 
 cruore profunda qui spectat, quam ilk qui facit, 
 saith Lactantitis.^ And Quid inhumanius, quid 
 
 1 Rich, i. Pari. Anno 20. 
 
 2 20 E. I. Pat. 18. E. 3. in 44. part. 2. 
 Pat. part. 2. Anno 19. R. 2. m. 16. 
 
 •• Pat. Anno 5. H. 4. m. 8. 
 Lactan. divin. Instit. cap. 6. 
 
66 COTTON J POSTHUMA. 
 
 acerbius did potest, saith St. Cypian, then when 
 homo occiditur in viluptatem hominis, Gf ut quis 
 possit occidere peritia est, usus est, ars est. Scclus 
 non tantiim geritur, sed docetur. Disciplini est tti 
 perimere quis possit, &• Gloria quid perimunt} 
 
 And therefore great Constantine, as a fruit of 
 his conversion (which Honorius his Christian suc- 
 cessor did confirm) established this edict : Omenta 
 spectacula in oiio civili & domesticd quiete non 
 placent : quapropter omnino Gladiatores esse pro- 
 hibemus? 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 ; 
 as that between Essex and Montford, in the reign 
 of Henry the first, for forsaking the Kings Stand- 
 ard.' 
 
 That between Audley und Chatterton for be- 
 traying the fort of Saint Saviours in Constant, the 
 eighth year of Richard the second. 
 
 And that of Bartram de l/sano, and yohn 
 Bulmer, coram Constabulario &■ Mariscallo Angtice 
 de verbis proditoris. Anno 9, H, 4.* The form 
 
 St. Cyp. 1. I. Ep. 2. 
 2 Euseb. in vita. Constant. 1. 3. Sozomen. I. i.^c. 8. 
 1. 2. Col. & Glad. Ex Cod. Theodos. 1. 5. c. 26. 
 ■* Focelinus de Brackland cap. 12. H. i. 
 2 Part. pat. 8. R. 2. Meml). 8. Rot. Vascon. -^nno 9 
 H. 4. 
 
COTTONl POSTHUMA. 67 
 
 hereof appeareth in the Plea Rolls, Anno 22. E. i. 
 in the case of Vessej/: And in the Book of the 
 Marshals Office, in the Chapter Modus faciciendi 
 Duellum coram Rege. ' 
 
 In Appeals of Murther or Robbery, the Combat 
 is granted out of the Court of the Kings Bench. 
 The Presidents are often in the books of Law ; 
 and the form may be gathered out of Bracton, and 
 the printed Reports of E. 3, and H. 4. All being 
 an inhibition of the Norman customs, 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 Marshals Court; as between 
 Richard Scroop and Sir Robert Grosvenor, Citsilt, 
 and others ; Or for Title of Lands by a Writ of 
 Right in the Common-Pleas, the experience where- 
 of hath been of late ; as in the Case of Paramour? 
 and is often before found in our printed Reports, 
 where the manner of darraigning Battail is like- 
 wise ; as I .ST. 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 
 
 * Flacita coram Rege 22. E. i. 
 
 2 Bract. 1. 3. c. 21. Anno 17 E. 3. & Anno 9. H. 4. 
 Ex Consuetud. Due. Norman, cap. 63. 
 
 s Til. de Equela multri fol. 145. Breve Reg. orig. apud 
 R. G. C. 
 
 ■• Reports Anno i H. 6. Dyer Anno 13. Eliz. 
 
68 COTTON I POSTHUMA. 
 
 saving of Christian blood, by deciding in single 
 fight, that which would be otherwise the effect of 
 publiclc War. 
 
 Such were the Offers of R. I. E. 3. and R. 2. 
 to try their right with the French King body to 
 body.' And so was that between Charles of 
 Arragon, and Peter of Terracone, for the Isle of 
 Sicilie, which by allowance of Pope Martin the 
 4th. and the CoUedge of Cardinals, was agreed to 
 be fought at Burdeaux in Aquitain.'^ Wherein 
 (under favour) he digressed far from the steps of 
 liis 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 Dufces' of Burgundy and Glocester, as 
 that he did inhibit it by his Bull ; declaring 
 therein, that it was Detestabile genus pugna, omni 
 divino humano jure damnatum, 6' Jidelibus in- 
 terdictum ; and he did wonder & grieve, quod ira, 
 ambitio, vel cupiditds honoris humani ipsos Duces 
 immemores feueret Legis Domini & salutis ceterna, 
 qua privatus esset quicunque in talipugna de- 
 cedercU: Nam sespe compertum est superatum favere 
 justitiam. : Et quomodo existimare quisquam potest 
 rectum jtidicium ex Duello, in quo inimicus Veri- 
 tatis Diabolus dominatur.^ 
 
 And thus far of Combates, which by the Law of 
 
 ' Rog. Hoveden & Adam Merimuth in vita E. 3. 
 
 2 Rot. Fran. Anno 7. R. ^. m. 21. Campane de la 
 faughe Regali & Spagna. f. 110. 
 
 •* Joan, de Molina Chron. de Loys Reg. de Aragon. fol. 
 43. Bulla Martini 5. dat in Kal. Maij Anno Pontific. 8. 
 
COTTONI POSTHUMA. 69 
 
 this 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 detennining them when 
 they were undertaken : And to shew out of the 
 Registers of former times, virith what eye the Law 
 and Justice of the State did look upon that Sub- 
 ject, that durst assume otherwise the Sword or 
 Scepter into his own hand. 
 
 The restraint of Tournaments by Proclamation 
 is so usual, that I need to repeat, for form sake, 
 but one of many.' 
 
 The first Edward, renowned both for his Wis- 
 dom and Fortune, Publice fecit proclamari Gf 
 Jirmiter inhiberi, ne quis, sub forisfactura terra- 
 rum &• omnium tenementorum, torneare, bordeare, 
 justas facere, aventuras qucerere, seu alias ad arma 
 ire prcesumat, sine Licentia Regis speciali. 
 
 By Proclamation R. 2. forbad any but his 
 Officers, and some few excepted, to carry any 
 Sword, or long Bastard, under pain of forfeiture 
 and Imprisonment.^ 
 
 The same King, in the 19th. of his reign, and 
 upon the Marriage with the French Kings Daugh- 
 ter, commanded by Proclamation, Ne quis Miles, 
 Armiger seu alius Ligeus aut Subditus suns, cujus 
 cunque status, aliquem Francigenam, seu quemcun- 
 
 * Placica Anno 29. & 31. E. i. ^ 
 
 ^ RoL claus. anno 19. R. •£. dat. 26 Feb. 
 
70 COTTONI POSTHUMA. 
 
 que alium qui de potestate &• obedieiitia regis exist 
 erit, upon what pretence soever, ad aliqui facta 
 Guerrarum, seu actus armorum exigat, sub /oris- 
 factura omnium qtue Ragi forisfacere poterit} 
 
 And as in the Kings power it hath ever rested 
 to forbid Combates, so it hath been to deter- 
 mine and take them up. 
 
 Thus did R. 2. in that so memorable quarrel 
 between Mowbray and Hereford, by exiling them 
 both.^ And when Sir John de Anestie, and Tho 
 de Ckatterton, were ready to fight, eandem qiurelam 
 Kex in manum suain recepit, saith the Record, 
 
 And De mandate Regis diremptum est prceliwn 
 inter Johannem Bolmer, &• Bartramum de Vesana 
 in the time of Henry the fourth.' 
 
 Sir John Fitz-Thomas being produced before 
 the Earl of Glocester, Deputy of Ireland, and there 
 Challenged by Sir William de Vessy to have done 
 him wrong, in reporting to the King, that Sir 
 William, aforesaid should have spoke gainst the 
 King defamatory words, of which Sir John there 
 presented a Shedule : Willielmus, audita tenore 
 Schedule: prcedictce, dementitus est prcedictum Johan- 
 nem, dicendo ; mentitus est tanquam falsus, &• 
 proditor, &• denegavit omnia sibi imposita, &• 
 tradidit vadium in manum Justiciary, qui illud 
 admisit. Et pradictus Johannes advocavit omnia 
 &• dementitus est simil. dictum Willielm. Where- 
 
 * Claus. in dorso ig. R. 2. 
 2 Cora. St. Alban. 22 R. 2. 
 
 ' 2 Pars pa^, anno 8. R Rot Vascon. anno 9. H. 4. 
 
 n* 14 
 
COTTON I POSTHUMA. 71 
 
 upon the Combat was granted, and the time and 
 place inroUed :' but the Process was adjourned 
 into England before the King ; who with his 
 Council examining the whole proceding, and that 
 Quia Willielmus attachiatiis fuit ad respondcnd. 
 Johanni prcsdicto super diffamatione frincipaliter, 
 &= non sit Hiatus in Regno isto placitare in Curia 
 Regis, placita de diffamationibus, aut inter partes 
 aliquas, Duelluni concedcre in plexitis de quibiis 
 cognitio ad curiam Regis non perlinet ; And for 
 that the Judge, vadia pnedictonim Johannis &= 
 Willielmi cepit priusquam Duellum inter eos con- 
 sideratum &" adjudicatum suit, quod omnino contra 
 legem est &' consuetudinem Regni. : Therefore, per 
 ipsum Regem &■ Concilium concordcUum est, quod 
 processus totaliter adnulletur: And that the said 
 yohn and William eant inde sine die ; salva utri- 
 que eorum actione sua, si alias de aliqno in pra- 
 dicto processu contento loqui voluerint!^ 
 
 In a Combat granted in a Writ of right, Philip 
 de Fugil, one of the Champions, oppressus mulli- 
 tudine hominum se defendere non potuit : Where- 
 upon the people against him in perpetuam defa- 
 mationem suam in eodem Duello Creaniiam pro- 
 clamabant, which the King understanding, Assensu 
 Concilii statuit, quod prcedict. Philippus propter 
 Creantiam pradict. liberam legem non omittat, sed 
 omnibus liberis actibus gamier et, sicut ante Duellum 
 gaudere consuevit. 
 
 ^ Placita coram Rege, 22. E. 
 2 Rot. Pari, anno 23. E. x. 
 
72 COTTONI POSTHUMA. 
 
 What penalty they have incurred, that without 
 law or license have attempted the practice of 
 Arms, or their own Revenge, may somewhat 
 appear by these few Records following. 
 
 William Earl of Albemarle was Excommuni- 
 cated Pro Torniamento tento contra pmceptum 
 Regis} To which agreeth at this day for the Duel 
 the Council of Trent, & that held at Biturio in 
 Anno 1584.^ 
 
 John Warren, Earl of Surrey was fined at a 
 thousand marks fro quadum transgressione in in- 
 sultti facto in Alanum di la ZouchJ' 
 
 Talbois was committed to the Tower for at- 
 tempting to have slain the Lord Cromwel.* 
 
 And because Robertus Garvois insultum fecit, 
 ^s" pemissit Edwardum filium Willielmi, inqtdsitio 
 facta est de omnibus tenementis &' catcUlis preedicti 
 Roberti, 
 
 Edw. Dallingrige accused by Sr. John St. Leger 
 before the Kings Justices p-o Tjenatione, fe' aliis 
 transgressionibus, answered, that these accusations 
 were false, and threw down his Glove, and chal- 
 lenged disrationare materias pr(edictas versus prce- 
 dictum Johannem per Duellum. Sed quia contra 
 legem terrce vadiamt inde Duelium, he was com- 
 mitted to Prison, quousque satisfaceret Domino 
 Regi pro contemptu.^ 
 
 * Pat. in dors. 4. H. 3. 
 
 2 Cone. Trid. Sess. 9. Tit. Decreta Reform. Ex Con. 
 Biturien. fol. 1022. ' Claus. anno 3. E. 1. m. z. 
 
 "* Pari, anno 24. H. 6. 
 
 * Placlta de quo warranto anno 8. R. 2. Sussex. 
 
COTTON/ POSTHUMA. 73 
 
 Sir Nicholas de Segrave, a Baron, Challenged 
 Sir yohn de Cromwel, and contrary to the Kings 
 prohibition, because he could not fight with him 
 in England, dared him to come and defend him- 
 self in France ; therein (as the Record saith) sub 
 jecting as much as in him lay, the Realm oi Engl. 
 to the Realm of France, being stayed in his pas- 
 sage at Dover, was committed to the Castle, 
 brought after to the Kings Bench, & there ar- 
 raigned before the Lords, confessed his faults, & 
 submitted himself to the King, de alto &> basso 
 Wherefore judgment is given in these words, Et 
 super hoc Dominus Rex volens habere avisamentum 
 Comitum, Baronum, Magnatum, &" aliorum de 
 consilio suo, injunxit eisdem, in homagio, fidelitaie 
 ^ ligeantia quibus ei tenentur, quod ipsi confide- 
 rent qualis poena pro tali facto fuerit injligenda. 
 Qui omnes, habito super hoc consilio, dicunt quod 
 hujusmodi factum mei'etur panam amissionis vita. 
 Whereupon he was committed to the Tower, & 
 Ro. Archard, that attended him in France, was 
 committed to prison, arraigned, and fined at 200. 
 marks. In the end, and after much 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 
 antient law made by Lotharius the Emperor, in 
 these words, De his qui discordiis Isf contentionibus 
 studere solent, &" in pace vivere nc'.uerint, &" inde 
 
 1 Placita coram Rege Trin. 33. E. 1. 
 
 6 
 
74 
 
 COTTONI POSTHUMA. 
 
 comiicti fuerint, similiter uolumus, ut per fidejus- 
 sores ad nostrum Palatium verdant, &' iii cum 
 nostris Jidelibus considerabimus quid de talibus 
 hominibus faciendum sit. ' 
 
 Ex lege Longobard. 45. circa annum 830. 
 
A BRIEF 
 
 ABSTRACT 
 
 Of the Question of 
 
 PRECEDENCY 
 
 BETWEEN 
 
 ENGLAND 
 
 AND 
 
 SPAIN. 
 
 Occasioned by Sr. Henry Nevil the 
 Queen of Englands Ambassador, 
 and the Ambassador of Spain, at Calais, 
 Commissioners appointed by the French 
 King, who had moved a Treaty of Peace 
 in the 42. year of the same Queen. 
 
 Collected by ROBERT COTTON, Esq; at 
 
 the commandment of Her Majesty. 
 
 Anno Domini, 1651. 
 
 LONDON: Printed in the Year, 1679. 
 
A BRIEF 
 
 ABSTRACT 
 
 Of the Question of Precedency 
 
 between England and Spain, &c. 
 
 3-2,:? 
 
 H( f-h ft 
 
 I 
 
 Iz! 
 
 
 s 
 
 O 
 
 S 
 
 q 
 
 i 
 
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 a 
 
4 COTTON! POSTHUMA. 
 
 Precedency of England in respect of 
 the Antiquity of the Kingdom. 
 
 'T'O seek before the decay of the Roman 
 Empire the antiquity of any Kingdom is 
 meer vanity, when as the Kingdoms of Christen- 
 dom, now in being, had their rising from the fall 
 thereof; at which instant Vortigem 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, firom whom her Majesty is in de- 
 scent Lineal ; and it is plain, that as we were later 
 than Spain reduced under the Roman yoak, so we 
 were sooner infireed. 
 
 Subsequence of Spain. 
 
 Spain, since the dissolution of the Roman Em- 
 pire entituled no King, till of late, for Atalaricus 
 from whom they would, upon slender warrant, 
 ground their dissent, was never stiled Rex His- 
 panice, but Gothorum, and the Kingdom of Castile, 
 wherein the main and fairest antiquity of Spain 
 rested, begim not before the year of Christ loijr, 
 whereas they were but Earls of Castile before;' so 
 that the Kingdom of the English began (which was 
 always as Beda observeth a Monarch in a Heptar- 
 
 ' Rodericus Sanctius, pag. 312. 
 
COTTON! POSTffUMA. 5 
 
 chie) 460. years at the least before the Kingdom of 
 Castile or Spain.'- 
 
 Precedency of England in respect of 
 Antiquity of Christian Religion. 
 
 JOSEPH of Arimathea planted Christian Reli- 
 gion immediately after the passion of Christ, 
 in this Realm." 
 
 And Aristobulus one of them mentioned by 
 Saint Paul, Romans 6. was Episc. Brittanorum, 
 and likewise Simon Zelotes.^ 
 
 The first Christian King in Europe was Lticitts 
 Surius.* 
 
 The first that ever advanced the Papacy of Rome 
 was the Emperor Constantinus, born at York.^ Of 
 whom in the Roman Laws near his time is written. 
 Qui veneranda Christianorum fde Romanum 
 munivit imperium; And to him peculiarly more 
 than to other Emperors are these Epithetons attri- 
 buted, Divus Diva memoria, divince menwria 
 orbis Liberator, quietis fundator, Reipttblic. in- 
 staurator, publicce libertatis auctor, Magnus Maxi- 
 mus, Invictus; RestittUor urbis Roma, atque 
 orbis.'' 
 
 And there have been more Kings and Princes of 
 
 " Baronius. 3 Dorotheus. 4 Beda. 
 
 5 Baronius & Donaco GonstanUni. 
 
 6 In inscriptionibus antiquis. 
 
6 COTTONI POSTHUMA. 
 
 the Blood Royal, Confessors and Martyrs in Eng- 
 land, than in any one Province in Europe.^ 
 
 And from Ethelbert King of Kent, (Converted 
 Amio 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." So did he 
 in Ireland, as Vincentius saith; and they cannot 
 count Christian Religion to be then planted in 
 Spain, which shortly after was first tainted with 
 the Heresie of Priscilian, then with Gothish 
 Arianism, and after defaced with Moorish Mahu- 
 metism from 707 years after Christ, 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. 
 
 'T'HE Queen of Englands power absolute in ac- 
 knowledging no superior, nor in vassallage 
 to Pope or Emperor.'* For that subjection which 
 by y^-agjohn was made to Innocentius the third, 
 
 ^ Fasciculus temporis. • Tarapha. 3 Tarapha. 
 
 4 Eulogium, lib. 5. 
 
COTTON! POSTHUMA. 7 
 
 after in Parliament, Per praceptum Domini Papce 
 septimoJuHi, Cumfidelitate &' homagio relaxatur 
 omnino. 
 
 Sir Thomas Moore in his debellation, saith, the 
 Church of Some can shew no such deed of subjec- 
 tion, neither that the King could grant it of him- 
 self. And Eugubinus in his defence of Constan- 
 tines donation, nameth not England, where he 
 recited all the feodary Kingdoms of the Papacy ; ' 
 the Peter-pence were not duties but Eleemosyna 
 Regis, neither the Rome-Scot, but Re^ larga 
 benignitas: Parem non habet Rex Anglim in Regno 
 suo ; multo fortius nee superiorem habere debet, 
 saith Bracton." 
 
 Ipse non debet esse sub homine, sed sub Deo, &» 
 habet tantum superiorem Judicem Deum: Likewise 
 in appointing Magistrates; pardoning Life, Ap- 
 peal, granting priviledges, taking homage ; and his 
 Jura Majestatis not limited in censu nummorum, 
 Bello judicando. Pace ineunda.^ 
 
 Eleutherius the Pope, 1400 years ago, in his 
 Epistle to Lucius King of Brittain, stiled him 
 Vicarius Dei in regno suo, so is the King of Eng- 
 land in Edgars Laws ; and Baldus the Lawyer 
 saith. Rex Anglice est Monarcha in regno suo ; and 
 Malmsbury, Post conversionem ad Jidem tot df 
 tantas obtinuit Libertates quot imperator imperia.'- 
 
 ' Ex legibus Sancti Edwardi. ^ Ex legibus CanuU. 
 
 3 Bracton. 4 Baldus. Malmsbury. 
 
COTTONI POSTHUMA. 
 
 Subsequence of Spain. 
 
 The King of Spain hath no Kingdom, but is 
 feodary either to France or Castilia, enthralled 
 by oath of subjection and vassallage, from King 
 Henry, to Charles the fifth of France 1369. Ex 
 fcedere eontracto: 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 Alphon- 
 sus 1445. and bom James, by the like oath, 14S3. 
 
 And to Sardinia and Corsica the King of Ar- 
 ragon, from the Bishops of Rome, were under oath 
 of subjection invested : Ex formula Jiducice. 
 
 The Kingdom of Portugal in vassallage 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 
 oi Spain 1043. 
 
 Of both the Indies Alexander did reserve the 
 regalities; oi Sicilia, the Church is chief Lord.' 
 
 And Granado and Navarre were made feodary 
 to the Pope, MxAex Julius the second. 
 
 Naples at every change sendeth a Palfrey, as a 
 fferiot, due to the Church of Rome, and of the 
 Empire he holdeth the Dukedom of Millain. 
 
 ' Ex Eugubino. 
 
COTTON! POSTHUMA. 9 
 
 So that it is questionable among Cimlians : 
 whether he be Princeps which holdeth mfeodo all 
 of others. 
 
 His absolute authority restrained in Arragon by 
 Justitia Arragonica. In Biscay and other places, 
 by particular reservations. And his Jura Majes- 
 talis in Censu Nummomm, Bella judicando. Pace 
 ineunda, &c. Limited by the priviledges of the 
 State, as at Brabant and elsewhere in his Spanish 
 Territories; Ex propriis constitutionibus &' privi- 
 legiis. 
 
 Precedency o/" England in respect of 
 more absolute authority Ecclesias- 
 tical. 
 
 J-TER Majesties power more absolute in this 
 (confirmed by antient Custom and priviledg) 
 than any other Christian Prince. For no Legal 
 de Latere in England, de jure allowed, but the 
 Archbishop of Canterbury.^ 
 
 If any admitted by curtesie, he hath no Autho- 
 rity to hold plea in the Realm, contrary to 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 prima Henr. 7 
 
 ' Ex Raimlplio Nigro. 
 
lo COTTONI POSIHUMA. 
 
 No man might denounce the Popes Excommunica- 
 tion, nor obey his Authority on pain to forfeit all 
 his goods, without assent of the King or his Coun- 
 cil. Placita 23. and 34 Edw. Rot. Dunelm. 
 
 Henry the first called a Provincial Council, so 
 did Cantttus and others.' 
 
 No appeal to Rome without the Kings Licence : 
 Anno 32 &° 34 Edw. I, Inventure of Bishops 
 and Churchmen, in the Kings hand. Ex Matt. 
 Paris &' Hen. Huntingdon. 
 
 De gestis Pontific, Donelm Placita. 32 Edw. i. 
 and in the 32 Edw. 3, Where the reason of the 
 Kings Ecclesiastical Authority, to suspend or be- 
 stow Church-livings is yielded. Qui reges Anglia 
 unguntur in Capite. 
 
 Subsequence of Spain. 
 
 The King of Spain can prescribe no custom to 
 prohibit the Popes Legat, 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. i. cap. 6. towards the end 
 writeth, that the Kings of Spain, Non sine magna 
 m^rcede impetraverunt Sixti Pontificis Romani 
 rescripto ne peregrinis sacerdotia tribuerentur. 
 
 Appeals from the King to Rome allowed. So 
 the Kings of Spain have meerly no power Ecclesi- 
 
 ' Malmsbury. 
 
CO TTONI POSTHUMA. 1 1 
 
 astical, having dispoiled himself of all, by inthral- 
 ling their Kingdom to the Church of Rome. 
 
 Precedency of England in respect of 
 Eminency of Royal Dignity. 
 
 nPHE Kings of England are anointed as the 
 Kings of France, who only have their pre- 
 heminence before other Kingdoms declared by 
 miracle, in the cure of the Regius morbus, which 
 they can effect only ; and that of antiquity : For 
 jEdward the Confessor healed many." 
 
 2. They are superiour Lords of the Kingdom of 
 Scotland ani Man, and Vicarii Imperii; as Ed- 
 ward the third and Oswald intituled Rex Christi- 
 anissimus: Ve. Beda lib. i. 
 
 3. They are named Filii adoptivi Ecclesice, as 
 the Emperor Filius Primogenitus, and the King 
 of France, Filius natu minor. ' 
 
 4. They are accounted among Reges Superillus- 
 ires, in this order : Imperator, Rex Francite, Rex 
 Anglia &' Francia.^ 
 
 5. Englandin the General Councils at Constance 
 and Pisa, was made a Nation, when as all Christi- 
 anity was divided into four Nations, Italicam, 
 Gallicam, Germanicam, b' Anglicam.* 
 
 ' Ex libro Bamwellensis ^ Platina. 
 
 Caenobiz, 
 
 3 Corsettui. < Ex lib. Sacrarum Ceremoniar. 
 
12 COTTONI POSTHUMA. 
 
 6. Whereupon, seat accordingly was allowed at 
 the three General Councils, vie. Constance, Pisa, 
 Sienna, to the English Ambassadors next to the 
 Emperour on the left hand, and to the King of 
 France on the right hand : which were their An- 
 cient seats before the Spaniards at Basil 143 1. 
 begun to contend for Precedency. 
 
 Where it was in the first Session ordered, that 
 all Legats should hold such their places as they 
 had enjoyed heretofore, according to their worth 
 and antiquity: Yet in the Council of Trent the 
 precedency of France with Spain was made ques- 
 tionable. 
 
 Augustus de Cavelles, 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 Pre- 
 cedency of England. 
 
 And in Treaty between Henry the seventh, and 
 Philip of Castile, 1506. the Commissioners of 
 England did subsign before the other. And in 
 the Treaty of Marriage with Queen Mary, Anno 
 1553. those o{ England aie first rehearsed. And 
 at Burbrough, Anno 1588. they gave it to her 
 Majesties Ambassadors. 
 
 And yet in respect of the Eminency of this 
 Royal Throne, to the See of Canterbury was 
 
COTTON! POSTHUMA. 13 
 
 granted by Urbane, at the Council of Claremount, 
 Anno 1095. for ever, the seat in General Council, 
 at the Popes right foot, who at that time uttered 
 these words ; Includamus hunc in orbe nostra tan- 
 quam alterius orbis Pontificem Maximum. 
 
 Subsequence of Spain. 
 
 1. The Kings of Castile are never anointed, 
 neither hath the Spanish Throne that vertue to 
 endow the King therein invested, with the power 
 to heal the Kings evil : For into France do yearly 
 come multitudes of Spaniards to be healed thereof. 
 
 2. No Kingdom held in fee of him. 
 
 3. Spain then not remembrod one of the Sons 
 of the Church. 
 
 4. The King of Spain placed last after the King 
 of England, inter superillustres, by the said Cor- 
 settus. 
 
 5. The Kingdom was then comprised under 
 Italica natio, and no Nation of itself, as in old it 
 was called Iberia minor, as a member of Italy, 
 Iberia majors 
 
 England being Britannia major. ' 
 At which time the Spaniard contented himself 
 with the place next to the King of France.^ 
 
 * Virgilius. ^ Cosmographia. 3 Gareius. 
 
14 COTTONI POSTHUMA. 
 
 Precedency of England before Spain, 
 in respect of the Nobility of 
 Blood. 
 
 TJER Majesty in Lineal descent is deduced from 
 Christian Princes for 800 years, by Ethelbert 
 a Christian 596. and the Matches of her progeni- 
 tors most Royal with France, Germany, Sfain, 
 
 Subsequence o/" Spain. 
 
 For their Antiquity of descent as Kings of Spain 
 is chiefly from the Earls of Castilia about 500 
 years since.' 
 
 For they cannot warrant their descent, from 
 Atalaricus the Goth, and as Dukes oi 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. 
 
 TIJER Majesty having reigned now most happily 
 42 years. 
 This we would not have alledged, but that the 
 
 ■ vide Tarapha. 
 
COTTON! POSTHUMA. 15 
 
 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, inso- 
 much, that Mary Queen of the last, was always 
 stiled. Rex Maria Hungarian 
 
 Subsequence of Spain. 
 
 The King of Spain yet in the Infancy of his 
 Kingdom. 
 
 For the Precedency may be alledged, viz. 
 
 The Antiquity of the Kingdom, when as Castile, 
 Arragon, Navar and Portugal, had their first 
 Kings about 1025, 
 
 The ancient receiving of the Christian Faith, by 
 Joseph of Arimathea, Simon Zelotes, Aristobulus, 
 yea, by St. Peter and St. Paul, as Theodoretus, 
 and Sophronius do testifie. 
 
 The Kingdom is held of God alone, acknow- 
 ledging no superiour, and in no vassalage to the 
 Emperour or Pope, as Naples, Sicilia, Arragon, 
 Sardinia, and Corsica, &c. 
 
 Sir Thomas Moore denyeth that Ylngjohn either 
 did, or could make England subject to the Pope, 
 and that the Tribute was not paid (pag. 296.) but 
 
 ■ Tilius. 
 
i6 COTTONI POSTHUMA. 
 
 the Peter-pence, 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 accompted the fourth part of Chris- 
 tendom; For in the Council of Constance, all 
 Christianity was divided, in nationem, viz, Itali- 
 cam, Germanicam, Gallicanam &= Anglicanam, 
 and accordingly gave voices. ' 
 
 England in the opinions of the Popes is preferred, 
 because in it is contained in the Ecclesiastical 
 division, two large Provinces, which had their 
 several Legati nati when as France had scantly one. 
 
 The Emperour is accompted major Jilius Papa, 
 the King of France, filius minor; the King of 
 England, filius adoptivus. 
 
 The Archbishops of Canterbury, are accompted 
 by the people, tanquam alterius orbis Papa, and 
 anointed to have place in General Councils, at the 
 Popes right foot. 
 
 The title of Defensor fidei, as honourably, and 
 as justly bestowed upon the Kings of England, as 
 Christianissimus upon the French; or Catholicus 
 upon the Spaniard. 
 
 Edward the third King of England, was created 
 by the Emperour, Vicarius Perpetuus Imperii; 
 cum jure vita necisque in omnes Imperii subditos,' 
 and the Kings of England, Papcs Vicarii, by Pope 
 Nicolas the second, vide COPGRA VE.^ 
 
 ' 14IS. ■^ 1338. 3 1065. 
 
corrom posthuma. 17 
 
 Innocentius the fourth, the Pope said, vere 
 hortus dtliciarum est Anglia, •uert puteus inex- 
 haustus ubi multa abundant, &c.' 
 
 King Hen. 2. elected King ol Jerusalem by the 
 Christians.' 
 
 Richard the fiist, conquered the Kingdom of 
 Cyp-us, and gave it unto Guy Lusignan, whose 
 posterity reigned there until of late years. ' 
 
 Kings of England are superiour Lords of the 
 Kingdom of Scotland, and are absolute Kings of 
 all the Kingdom of Ireland. 
 
 England is not subject to Imperial and Roman 
 Laws, as other Kingdoms are, but retaineth her 
 ancient Laws, and Pura municipalia. 
 
 King Henry the sixth was Crowned King of 
 France at Paris. 
 
 The Kings of England did use the stile of a 
 Soveraign, viz. Altitonantis Dei, Largiflua de- 
 mentia, qui est Rex Regum &• Dominus Domi- 
 norum. 
 
 Ego Edgarus Anglorum ^aviktvi Omniumque 
 Regum Insularumque Oceani Britannici circum- 
 jacentium, eunctarumque Nationum qua infra earn 
 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, 1679. 
 
A 
 
 REMONSTRANCE 
 
 OF THE 
 
 TREATIES 
 
 OF 
 
 AMITY 
 
 AND 
 
 MARRIAGE 
 
 Before time, and of late, of the House of 
 AUSTRIA and Spain, &c. 
 
 Most Excellent Majesty, 
 
 'IXT'E your Lords Spiritual and Temporal, and the 
 Conunons of your Realm Assembled in this 
 your Parliament, having received out of your meer 
 grace, your Royal command, to declare unto your 
 Highness our advice and Counsel, for the further 
 continuing, or final breaking of the two Treaties 
 between your Majesty, the Emperor, and the 
 Spanish King, touching the rendition of the Fala- 
 
22 COTTONI POSTHVMA. 
 
 tinate, 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 subse- 
 quent advice and resolution. 
 
 By contemplation whereof, we assume to our 
 selves that your Majesty apparently seeing the in- 
 finite Calamity fallen of late unto the Christian 
 world, by means of these disguised Treaties of 
 Amity, and Marriage before time, frequently used 
 with your progenitors, and now lately with your 
 self by the House of Austria and Spain; to ad- 
 vance themselves to the Monarchy of Europe, will 
 graciously be pleased to accept our humble advice. 
 
 Maximilian the Emperor, and Ferdinand of 
 Spain, uniting by Marriage the possessions of the 
 House of Austria (1503), the Netherlands, Arra- 
 gon, Castile, Sicilia, and their new discoveries, to 
 one succeeding heir, began (though afar off) to see 
 a way whereby their Grand-child Charles might 
 become the Master of the Western world, and 
 therefore each endeavoured by addition of Terri- 
 tories, to facilitate that their desired end. 
 
 France was the only obstacle, whose ambition 
 and power then was no less than theirs ; he lay in 
 their way for Gelders, by siding with Duke Charls; 
 for Navarre, by protecting Albret their King, for 
 
COTTON! POSTHUMA. 23 
 
 their peeces in Italy, by confederation with the 
 State of Venice ; and for Naples and Millain by 
 pretence of his own. They were too weak to work 
 out their way by force, and therefore used that 
 other of craft. 
 
 Lewis is offered for his Daughter Claude the 
 Marriage of Char Is their Grand -child, it is at 
 Bleys accepted, and to them confirmed by Oath : 
 the claim of France to Naples by this released, one 
 hundred thousand Crowns yearly, by way of recog- 
 nition only to France reserved, who is besides to 
 have the investiture of Milain for a sum of money, 
 which the Cardinal D'amboyesy according to his 
 Masters Covenant, saw discharged. 
 
 Ferdinand thus possessed of what he then de- 
 sired, and Maximilian not meaning to strengthen 
 France by addition of that Dutchy, or repayment 
 of the money, broke off that Treaty to which they 
 were mutually sworn, affiancing Charls their Heir 
 to Mary the Daughter of Henry the 7th. to whose 
 Son Arthur, Ferdinand had Married Katharine 
 his youngest Daughter (1506). 
 
 This double knot with England, made them 
 more bold (as you see they did) to double with 
 France: but the Prince of Wales his untimely 
 death, and his fathers that shortly followed, en- 
 forced them to seek out, as they did, another tye, 
 the spirit and power of Lewis, and their provoca- 
 tions justly moving it ; they make up a second 
 Marriage for Katharine with Henry the eighth, 
 
24 COTTONI POSTHUMA. 
 
 Son of Henry the seventh ( 1 5 lo) ; and are enforced 
 to make a Bull dated a day after the Popes death 
 to dispense with it ; and consummate per verba de 
 frasenti, by Commissioners at Calis, the former 
 Nuptials of Charts and Mary, publishing a Book 
 in print of the benefit that should accrew to the 
 Christian world by that Alliance. 
 
 Henry the Eighth left by his Father young and 
 rich, is put on by Ferdinand to begin his right to 
 Francehif the -way oi Guy en (i^iz); and to send his 
 forces into Spain, as he did, under the Marquess 
 Dorset, to joyn with his Father in Law for that 
 design, by reputation whereof Albret of Navarre 
 was enforced to quit that State to Spain ; who in- 
 tended as it proved, no farther use of the English 
 Army, than to keep off the French King from 
 assisting Albret, 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, havrog 
 nothing advanced their Masters Service. 
 
 The next year to assure Henry the eighth, grown 
 diffident by the last carnage of Maximilian and 
 Ferdinand, whose only meaning was to lie busying 
 of the French King at home, to make an easie way 
 abroad to their former ends, project to the English 
 King an enterprise for France, to which they as- 
 sured their assistance, by mutual confederacy at 
 Mecklin; for which Bernard de Mesa, and Lewis 
 de Carror, for Castile and Arragen, and the Em- 
 
COTTONI POSTHUMA^ 25 
 
 peror in person gave oath, who undertook, as he 
 did, to accompany Henry the eighth to Turwjin. 
 
 Ferdinand in the mean time dispatching the 
 Vice-roy of Naples into Italy, to busie the French 
 King and Venetian, that the English King with 
 facility might pursue the conquest of France. 
 
 Henry the Eighth had no sooner distressed the 
 French King, hnt Ferdinand, respecting more his 
 profit than his faith, closed with Lewis, who re- 
 nounced the protectioh of Navarre and Gelders, so 
 he and Maximilian would forsake the tye they 
 had made with Henry the eighth. 
 
 The. Vice-Roy of Naples is instantly recalled 
 from Bressa; a truce with Spain and France con- 
 cluded; Quiniean sent to the Emperor to join in 
 it ; Don John de Mantiel, and Diego de Castro, im- 
 ployed to work the Emperor, and Charles the 
 Grandchild to exchange the marriage of Mary, 
 Henry the eighths Sister, with Rene the second 
 Daughter of the French King: and Lewis himself 
 to taJce Mlcator. their Neece to Wife ; and to clear 
 all dispute about the conditions, a. blanck is sent 
 from Spain to the French King to over-write what 
 he please/ 
 
 Henry the eighth perceiving this close and foul 
 play, entertaineth an overture made by the Duke 
 de Longevil, then Prisoner in England, for a Mar- 
 riage of Mary his Sister with the French King ; 
 which effected, the two subtile Princes failed of 
 their ends. 
 4 
 
26 COTTON! POSfHUMA. 
 
 Lewis dead, and Francis succeeding, he made 
 his first entrance a league with Englafid, the re- 
 covery of Milain, which he did, the protection of 
 his Neighbours, the reduction of the Swisses from 
 the Imperial side, for which he imployed to them 
 the Bastard oi Savoy (1515). 
 
 Maximilian and Ferdinand seeing by this all 
 their new purchases in danger, and that they had 
 now no disguised Marriage again to entertain the 
 credulity of Henry the eighth, they work upon his 
 youth and honour. The Emperor will needs to 
 him resign his Emperial Crown, as wearied with 
 the weight of Government and distraction of 
 Europe, which needed a more active man than his 
 old age to defend the Liberty of Subjects, and 
 Majesty of Princes from the Tyranny oi 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 Aquisgrane 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 Mil- 
 laine infeodo, more Imperiali, then in possession 
 of the Freiuh, to tye his aid the faster against 
 these States. 
 
 Hereupon Henry the eighth concluded a defen- 
 
COTTONI POSTHUMA. 27 
 
 sive league with the Bishop of Mesa and Count 
 Daciana, authorised Commissioners from the Em- 
 peror, Arragon, Castile, and sendeth his Secretary 
 Master, Pace with money, for Maximilian had al- 
 ready borrowed and broken to entertain the Swissers 
 into pay and confederacy against France (1516). 
 
 Charles the Grandchild must feign a difficulty to 
 sway his League, until the Emperor, at Henry the 
 eighth's cost, was fetched from Germany to the 
 Netherlands to work his Nephew to it, who in the 
 interim had closely contracted a peace by the 
 Grandfathers consent with France. No sooner had 
 Maximilian received ten thousand Florins of the 
 English King to bear his charge, but the Treaty of 
 Noyon, was closely between him ; Arragon and 
 Castile concluded, whereby the ten thousand 
 Crowns for recognition of Naples was passed from 
 Frame 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 Sig- 
 nature of the confederacy, the French Kings Am- 
 bassador went up the back Stairs with six thou- 
 sand Florins, and the transaction of the Pension 
 o{ Naples to Maximilian, and there received his 
 confirmation of the Treaty at Noyon ; notwith- 
 standing 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. 
 
28 COTTON J POSTHUMA. 
 
 So displeasing was this foul play to the Cardinal 
 Sedunensis, the Emperors chief Counsellor, that 
 he writ contra perfidiam Prituipum, against the 
 falshood of his own Lord, a bitter Letter to the 
 English King ; who finding again how his youth 
 and facility was overwrought by these two old and 
 subtil Princes, his vast expences lost, his hopes of 
 France lesned, and that of the Empire vanished 
 (for Maximiliaii is now conferring the title of Rex 
 Romanorum^ on one of his Nephews) concludeth, 
 by mediation of the Admiral of France, n peace 
 with that King ; a Marriage for the Dolphin 
 Francis with the Lady Mary, and the re-delivery 
 of Toumay, for a large Sum of money (151S). 
 
 Not long after Maximilian dieth,. leaving the 
 Imperial Crown in Competition of France and 
 Castile. Charles, whose desire was, as his Ances- 
 tors, to weave that wreath for ever into the Aus- 
 trian Family, began to fear the power of Jiis 
 corrival, with whom the Pope then sidedj 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 incon- 
 stancy of his predecessors, and the new match to 
 lie in the way.- To clear the one, he is fain in his 
 Letters into England, to Ibad his two Grandfathers 
 with all the former aspersions (1519), his years and 
 duty, then tying' him more to obedience than truth : 
 but that he was a man, and himself now ; that 
 
COTTON! POSTHUMA. 29 
 
 mutual danger would give assurance, where other- 
 wise single faith might be mistrusted ; France was 
 in it self, by addition of Britany, more potent 
 than ever, this man had rejoyned to it some im- 
 portant pieces in Maly, and should his greatness 
 grow larger up by accessionof the Imperial Crown, 
 how easie 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 Hus- 
 band, if Henry the eighth incline to this Counsel, 
 and assist Castile in pursute of the Emperor j he 
 was contented (for Loisia of France, esjjoused 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 Pace forthwith sent 
 to the Electors with instructions and money, who 
 so wrought, that Charts, was in July chosen Em- 
 peror : and that it was by the sole work of Henry 
 the eighth, himself by Letters under his hand 
 acknowledged. From AqMisgrane, he cometh 
 Crowned the next year for England, Weddeth at 
 Windsor the Lady Mary ; concluAeth by league 
 the invasion of France, and to divide it with Henry 
 the eighth by the River of Redon, making oath at 
 the high Altar at Pauls for performance of both 
 those Treaties. 
 
30 COTTON/ POSTHUMA. 
 
 Herupon France is entred by the English Army 
 (1522), and Burbon wrought from his Allegiance 
 by a disguised promise of this Emperor of Elianor 
 his Sister for Wife, to raise forces against his Mas- 
 ter, which he did, but was paid by the English King. 
 
 The French King to carry the Wars from his 
 own doors, maketh towards Milan; whereby Btir- 
 ban and his forces were drawn out of Province to 
 guard the Imperials in Italy (1524, 1525). 
 
 At Pavie 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 Bur- 
 gundy, and many portions in the Netherlands ; 
 leaving Henry the eighth who had born the greatest 
 charge of all that Warre, not only there unsaved, 
 but calling a Parliament at Toledo, taketh by 
 assignment of his States, Isabella of Portugal to 
 Wife, procuring from Pope Clement a Bull to ab- 
 solve him of his former Oaths and Marriage, work- 
 ing not long after by Ferdinandus his Chaplain, 
 the Earl of Desmond to Rebel in Ireland, and 
 Jatnes the fifth of Scotland, by promise of Marriage 
 with his Neece, the Daughter of Denmark; to 
 whom he likewise sent Munition and Money, to 
 busie Henry the eighth at home, that he might be 
 the less able to requite these indignities he had so 
 done him. And to shew that his ambition was 
 more than his piety, he ordered by instructions, 
 first the Duke oi Burbon, and after Hugo deMon- 
 
COTTON/ POSTHUMA. 31 
 
 sado to surprise Rome and the Pope; sending An- 
 gela an observant Frier thither, whom he had as- 
 signed 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 faderis, 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 re-deliver the French King, 
 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 ^ain he plotteth to break the knot be- 
 tween the French and English Kings. 
 
 To work this, he assureth, by contract, his 
 assistance in furtherance of Henry the eighths 
 Title of France; and to make the greater belief, 
 offereth a Marriage to the Lady Mary, so she 
 might be declared again Legitimate. 
 
 Henry the eighth accordeth with him, and ad- 
 vanceth his Army into France, where he had no 
 sooner recovered Bullein, but the Emperor catch- 
 ing advantage on the French Kings necessities, 
 falleth oflf from his former faith and promise, mak- 
 ing up a peace perpetual with France, whereby all 
 claim from the Crown of Arragon, Naples, Flan- 
 
32 COTTONI POSTHUMA. 
 
 ders. Arras, Gflders, and other parts was released, 
 and mutual confederation for restitution of the 
 Catholick Religion condudied betwixt them both 
 (USeptemb. IS45)- ■ 
 
 Edward ihe 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 
 expences and dangers, which his Fathers belief 
 and confidence of Spain had tasted of before. 
 
 His Sister and Successor Mary, 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 Callice lost (1558). 
 
 ■ Her Sister of happy memory succeeding made 
 up that breach, by that three-fold Treaty at Camr 
 bray, 1558. Where King Philip, as bound in 
 honour, stood bound for aid in Recovery of Ca- 
 lice ; But his own ends by that Convocation served, 
 he left her after to work out her safety her self 
 alone ; yet fearing that a Union of France and 
 your Realms, in the person of your most vertuous 
 Mother, then married into France, he under a 
 feigned pretence of Marriage, wrought by Carqffa 
 and his Faction of other Cardinals, a stay of the 
 Popes Declaration against the Queen of England, 
 more his own fears, than his love procuring it. 
 
 Vet the Princely disposition of this Noble Lady, 
 taking those pretences for real favours, was not 
 
con ONI POSTHUMA. 33 
 
 wanting both with her Counsel and Purse ; for she 
 imployed 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, for reduction of those Provinces to his 
 obedience, one hundred and fifty thousand pounds 
 
 ('S78). 
 
 But when she found his aim to be the violating 
 of their antient liberties, and in it saw her own 
 danger involved ; her Council advised her, not to 
 leave the assistance of those people, France, and 
 those other Princes that lay as her self 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 Carolo Lan- 
 franco, and the Prince of Parma, a Proposition of 
 Peace (1587) ; graced with as many Arguments of 
 honest meaning, as his Progenitors had used to her 
 Father, which she accepted, but not without a 
 prudent suspition. For when the Treaty was in 
 height, he brought his invincible Navy to invade 
 the Realm, the success whereof was answerable to 
 his Faith and Honor. 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 Fences that trusted him ; 
 and paid for one years Interest, about twenty 
 five thousand Millions of Crowns (1597). 
 
 So low and desperate in Fortunes your Highness 
 found him, when to all our comforts you took 
 S 
 
34 COTTONI POSTHUMA. 
 
 this Crown (1603) ; Then from the abundant good- 
 ness of your peaceable Nature, you were pleased 
 to begin your happy Raign with general quiet, 
 and with Spain the first, which should have 
 wrought in noble Natures a more grateful Re- 
 compence than after followed : For long it was 
 not before Tyrone was heartned to rebel against 
 your Highness, and flying, had pension at Rome, 
 paid him from the Spanish Agent (1606), His 
 Son Odonel Tirconel, and others your chiefest 
 Rebels, retained ever since in Grace and Pay with 
 the Arch-dutchess, at Spains devotion (1612). 
 
 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, ^c. 
 
Twenty-Four 
 
 ARGUMENTS 
 
 Whether it be more expedient to suppress 
 
 POPISH PRACTICES 
 
 Against the due 
 
 ALLEGEANCE 
 
 OF HIS 
 
 MAJESTY. 
 
 By the Strict Executions, touching Jesuites 
 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, 1679. 
 
Twenty-Four 
 ARGUMENTS 
 
 Whether it be move expedient to suppress 
 
 Popish Practices 
 
 Against the clue 
 
 Allegiance to His 
 
 Maj e s ty. 
 
 By the Strict Execution touching Jesuits, 
 and Seminary Priests, ISc 
 
 T AM not ignorant, that this latter Age hath 
 brought forth a swarm of busie 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, than 
 
38 COTTON/ POSTHUMA. 
 
 to those that stand aloof off; they would perhaps 
 be more sparing, if not more wary in their resolu- 
 tions. 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 i 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 1 
 protest to maintain rather deliberatively, than by 
 the way of a conclusive assertion; therefore with- 
 out wasting precious time any longer with needless 
 Prologues, I will briefly set down the question in 
 the terms following, viz. 
 
 Whether it be more expedient to suppress 
 Popish Practices, against the due Al- 
 legiance TO his Majesty, by the strict 
 Execution touching Jesuites and Semi- 
 nary Priests : Or to restrain them to 
 CLOSE Prisons, during life, if no Re- 
 formation follow. 
 
COTTON! POSTHUMA. 39 
 
 In favour of the first 'Division. 
 
 nPHERE are not few, who grounding them- 
 selves on an antient Proverb, A dead man 
 bites not, affirm, that such are dangerous to be pre- 
 served alive, who being guilty, condemned, and 
 full of fear, are likely for purchase of Life and 
 Liberty, to inlarge their uttermost in desperate 
 adventures, i\gainst their King and Country. 
 
 H. 
 
 No less is it to be feared, that while the sword 
 of Justice is remiss, in cutting off heinous offenders 
 gainst the Dignity of the Crown, the mis-led 
 Papal multitude, in the interim, may enter into a 
 jealous suspence. Whether that forbearance pro- 
 ceed 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 Re- 
 ligion. 
 
 III. 
 
 And whereas in a remediless inconvenience, it 
 is lawful to use the extremity of Laws against 
 some few, that many by the terror of the example, 
 
40 COTTONI POSTHUMA. 
 
 may be reformed ; what hope can there be that 
 Clemency may tame their hearts, who interpret 
 His Majesties Grace in transporting their Priests 
 out of His Realm, to be a meer shift to rid the 
 Prisons of those whom Conscience could not con- 
 demn of any capital crime. 
 
 IV. 
 
 Neither are their vaunting, whisperings to be 
 neglected, by which they seek to confirm the fear- 
 ful souls of their party, and to inveigle the igno- 
 rant, 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 sort, the relapse cannot be 
 small, or the means easie ,to reform the error, 
 without a general combustion of the State. 
 
 V. 
 
 Let experience speak somewhat in this behalf, 
 which hath evidently descryed, with the Current 
 of few years, that the forbearance of severity, hath 
 multiplied their Roll in such manner, that it re- 
 mains as a Corrosive to thousands of his Majesties 
 well-affected Subjects. 
 
COTTONI POSTHUMA. 41 
 
 VI. 
 
 To what purpose serves it to muster the names 
 of the Protestants, 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 nestling in vain 
 security, suffer the weed to grow up that threat- 
 eneth their bane and merciless ruin. 
 
 VII. 
 
 Some time the Oath of Supremacy choaked their 
 presumptuous imaginations ; and yet could not that 
 infernal smoke be smothered, nor the Locusts issu- 
 ing 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 Doctrins be suffered to live, yea 
 and to live and be relieved of us, for whose de- 
 struction they groan daily? 
 
 VIII. 
 
 To be a right Popish Priest, in true English 
 sense, is to bear the Character of a disloyal Rene- 
 6 
 
42 COTTONI POSTHUMA. 
 
 gado of his natural obedience to his Soveraign, 
 whom if by connivency he shall let slip, or chastise 
 with a light hand, what immunity may not traiter- 
 ous Delinquents in lesser degrees expect, or chal- 
 lenge, after a sort, in equity and justice? 
 
 IX. 
 
 If there were no Receivers, there would be no 
 Thieves : 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 
 rigor 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 into protection, wherewith a mis- 
 chief must ensue of continual expense, and scan- 
 dalous restraint of so great a number. 
 
 Reputation is one of the principal Arteries of 
 the Common-wealth, which maxim is so well 
 known to the Secretaries of the Papacy, that by 
 private Forgeries, and publick impressions of 
 
COTTON! POSTHUMA. 43 
 
 Calumniations, they endeavour to wound us in 
 that vital part ; howsoever therefore some few of 
 that stamp, being better tempered than their fel- 
 lows in defence of this present Government, have 
 not spared to affirm that tyranny is unjustly 
 ascribed thereunto, for so much as freedom of Con- 
 science after a sort may be redeemed for money, 
 notvirithstanding there want not many Pamphleters 
 of their side, who opprobriously cast in our teeths, 
 the converting of the penalty inflicted on Recus- 
 ants, and refusers of the Oath of Allegiance, from 
 the Kings Sxchequer, to a particular Purse, sure 
 we cannot presume, that those Libellers may be 
 dissuaded frora^spitting out their venom maliciously 
 against us, 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 our Laws, 
 importing overmuch sharpness in good policy to 
 be thought fitter for abrogation, by Non-usance, 
 than repealed by a publick decree. 
 
 XI. 
 
 Moreover it is fore-thought, 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 shewed themselves to be, after Liberty 
 
44 COTTON! POSTHUMA. 
 
 obtained in Queen Maries time, and if the loss of 
 those Ghostly Fathers aggrieve them, it is pro- 
 bable, that they will take Arms sooner, and with 
 more courage, to free the living, than to set up a 
 Trophy to the dead. 
 
 XII. 
 
 Howsoever, the Jesuits band is known in their 
 native soyl, 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, Nevertheless they in- 
 sinuate 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 inhabi- 
 tants of this Realm, into four Sects, whereof rank- 
 ing their troops in the first place (as due to the 
 pretended Catholicks) 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 
 service, 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 reliques of the Church: The third rank 
 and largest was left unto the Puritans, whom they 
 
COTTOm POSTHUMA. 45 
 
 hate deadly, in respect they will hold no indiffe- 
 rent 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, 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 ; for if the undermining 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, 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 unwelcom to the feminine 
 sex, which now with great fervency imbraceth 
 them. 
 
 Tiese are for the most part Arguments vented 
 in ordinary Discourse, by many who suppose a 
 Priests breath to be contagious in our English 
 Air. 
 
46 COTTONI POSTHUMA. 
 
 Others there are, who maintain the second part 
 of the Question with reasons not unworthy of 
 observance. 
 
 In favour of the Second Division. 
 
 ■pjEATH is the end of temporal woes; 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 
 edg of any sword, how sharp or keen soever. I 
 confess that the teeth are soon blunted that bite 
 only out of the malice of a singular Faction, but 
 where Poyson is diffused through the Veins of a 
 Common-wealth, with intermixture 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, jojmed with the 
 thirst of Revenge, which seldom declares it self in 
 plain colours, until a jeajousie conceived of per- 
 sonal dangers, breaketh out into desperate resolu- . 
 tions ; hence comes it to pass, that when one 
 male-contented member is grieved, the rest of the 
 
COTTON! POSTHUMA. 47 
 
 body is sensible thereof, neither can a Priest or 
 Jesuite be cut off, without a general murmur of 
 their Seminaries, which being confident in their 
 number, secretly Arm for opposition, or confirmed 
 with their Martyrs Blood (as they are perswaded) 
 resolve by patience and sufferance to glorifie their 
 cause, and merit Heaven. Do we not daily see, 
 that it is easier to confront a private enemy, than 
 a Society or Corporation ; and that the hatred of a 
 State is more immortal than the Spleen of a Mon- 
 archy, 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 en- 
 tire head, I see no cause to think our State secured, 
 by sitting on the skirts of some few Seminaries, 
 leaving in the mean time a multitude of Snarlers 
 abroad, who already shew 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 reconcilia- 
 tion ; for there is great difference between hatred 
 conceived against him that will take away the life, 
 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, Quod PoiUificium genus 
 semper crudele, nevertheless out of Charity let us 
 hope, that all Devils are not so black as they are 
 
48 COTTON! POSTHUMA. 
 
 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 ; from the Active part thereof, as being 
 naturally inclined, Parvis peccatis veniam, magnis 
 severitatem commodare, nee plena semper, sed scepius 
 pcenitentia contentus esse. 
 
 II. 
 
 Mistaking of punishments Legally inflicted, com- 
 monly proceeds from fond pitty, or the interest 
 which we have in the same cause; both which be- 
 get blind partiality; admit then, that the Papal 
 side, affecting merit by compassion, may be neerly 
 touched with the restraint of their Seminaries, it 
 cannot be denyed, I hope, except they had the 
 hearts of Tygers, that in humanity they will prefer 
 their ease of durance, before the rigor 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 testi- 
 monies in judicial Courts, and printed Books, that 
 the greater part of them are of that Theban hunters 
 mind, who would rather have seen his Dogs cruel 
 acts, then have felt them to his own cost. 
 
 Garnet himself also in one of his secret Letters, 
 Lamented, that after his death he should not be 
 
COTTON! POSTHUMA. 49 
 
 inroUed amongst the Mart5rrs, 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, or that the Law was remiss which had 
 justly condemned him, and left his life to the 
 Kings mercy. It was the distance of place, and 
 not Parsons that interpreted the sending over seas 
 of the Priests to be a greater argument of their in- 
 nocency, than of his Majesties fdrbeawince ; For 
 had Father Parsons himself been Coram nobis, his 
 Song would rather have been of mercy than justice. 
 It is truly said, that we are all instructed better by 
 examples than precepts, therefore if the Laws 
 Printed, and Indictments recorded, cannot coB- 
 troul the Calumniations of those that wilfiilly wiH 
 mistake Treason for Religion : By the execution of 
 two or three of that back-biting number, I doobt 
 not but the qaestion may readily be decided. 
 
 Namque immedicaKle imlnus. 
 
 Ense tecidendum est, Ne pars sincera tra- 
 hatttr. 
 
 III. 
 
 To dally with pragmatical Papists, especially 
 with those that by their example and Counsel per- 
 7 
 
so C0T70NI POSTHUMA. 
 
 vert his Majesties Subjects, I hold it a point of 
 meer injustice; For, what comfort may the good 
 expect, when the bad are by connivency free to 
 speak, and imboldened 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 Kings Liege-People, that 
 are to be reformed by example of justice, and 
 others, Forraigners, who will we, nill we, must be 
 censurers of our actions : It hath been truly ob- 
 served that the Nations of Europe, which are most 
 remote from Rome, are more superstitiously in- 
 clined to the dreggs 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 Rom^ it self, 
 I have heard the English Fugitives taxed by the 
 name of Pichia pelli Inglesi, Knock-brests, id est, 
 Hypocrites ; now as our Countrey-men 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 
 Vegetitts holdeth it fittest to chuse a valiant Soul- 
 
COTTONI POSTHUMA. 51 
 
 dier, where the Heart finding it self provided with 
 plenty of blood to sustain sudden defects, 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, nee mortis 
 sensu deterrentur: And thereunto Botero the Ita- 
 lian beareth witness in his Relations : Many Stran- 
 gers therefore coming out of Forraign parts among 
 the rarities of England, desire to see whether Re- 
 port hath not been too lavish, in affirming that our 
 condemned Persons yield their Bodies to Death 
 with chearfulness, and were it not that by daily 
 experience we can call our selves to witness of that 
 truth, I could produce the Reverend Judge Fortes- 
 cue, who in commendation of our English Laws, 
 made suitable (as he well observeth) to the inbred 
 Conditions of the inhabitants of this soil, avoweth, 
 that the English people in tryal for Criminal 
 causes, 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 inno- 
 cent person in England, he would rather yield 
 himself guilty, and suffer death, than endure the 
 horror of lingring pains. Insulani plerunque Fures 
 (saith one) and so true it is, that this Countrey is 
 stained with that imputation, notwithstanding that 
 many are put to death, to the end- that others by 
 
52 COirom POSTHUMA. 
 
 their fall, might learn in time to beware : If then 
 it do appear that terrour prevails not, 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 express- 
 ly, or by implication for matter of Religion and 
 health of their Souls ; in such case to threaten 
 death to English-men, Quibus nihil interest humi 
 ne stiblimi ne putrescant, is a matter of small 
 consequence, Purpuratis Gallis, /talis, mtt His- 
 panis, ista minitare, to a setled resolution it boots 
 not to shew the dreadful visor of death ; Menaces 
 to prolong a wearisome life, prevail much more in 
 such cases. Rightly did Clement the eighth 
 consider, that by burning two English-raea. in Rome 
 for supposed Heresie, he rather impared his Cause 
 than better'd 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 him a Martyr, carried away of his 
 ashes for a Relique, and wished their souls in the 
 same place with his; which news brought to the 
 Popes ear, caused him (as it was bruited about 
 Rome) solemnly to protest that none of the English 
 Nation should pnbliquely from that time be con- 
 sumed with fire. On the other side if we read the 
 Volumes written in praise of their Priests Con- 
 stancy, the Martyrology or Calendar of Martyrs, 
 and pathway of Salvation as it were, chalked out 
 
COTTONI POSTHVMA. 53 
 
 unto the Papists, by sacrifizing their lives for the 
 Pope, 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 forraign 
 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, that for 
 matter of Roman doctrine, no mans 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 CoUedges 
 to supply their Faction with Seminaries : There- 
 fore again and again, I say, that if the state of the 
 question were so set, that it were possible by n 
 general execution of the Priests, and their ad- 
 herents, to end the controversie, I could in some 
 sort with better will, subscribe thereunto : But see- 
 ing 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 withal endeavour to confirm his 
 own party in the best manner that may be. 
 
54 COTTONI POSTHUMA. 
 
 IV. 
 
 He that forbeareth to sow his ground in expect 
 ance ot a good Wind or favourable Moon, com- 
 monly hath a poor crop and purse ; so shall it fare 
 with this State ; if private whisperings of dis- 
 contented persons, that never learnt to speak well, 
 be too nicely regarded, yet ought they not to be 
 sleightly set at nought, lest our credit grow light, 
 even in the balance of our dearest friends. The 
 Papistical Libellers inform against us, as if we 
 were desirous to grow fat with sucking of their 
 blood, the very walls of their Seminary Colledg 
 at Rome are bedawbed with their lying Phansies, 
 and in every corner the Corner-creepers leave 
 some badg of their malicious spleen against us, 
 crying out of Cruelty and Persecution ; but if the 
 penalty of death be changed into a simple endur- 
 ance of prison, what moat in our eyes can they 
 find to pull out ? or with what Rhetorick can they 
 defend their obstinate malapertness, which with 
 repaying us ill for good, deserve to have coals of 
 indignation poured upon their heads? Visne 
 muliebrie Consilium ? said Livia to Augustus ; 
 Let severity sleep a while, and try what alteration 
 the pardoning of Cinna may procure ; The Emp- 
 eror hearkened to her Counsel, and thereby found 
 his enemies mouths stopped, and the fury of their 
 malice abated. Some there are perchance that 
 will term this Clemency Innovation, and vouch 
 
COTTONJ POSTHUMA. 55 
 
 the Precedent of that City, which permitteth none 
 to propound new Laws, that had not a cord about 
 their necks ready for vengeance, if it were found 
 unprofitable ; but let such Stoicks 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 
 Common-wealths 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 moduni. 
 
 V. 
 
 That an evil weed groweth fast, by the example 
 of the new Catholick increase, is clearly convinced ; 
 but he that will ascribe this Generation simply to his 
 Majesties heroical vertue of Clemency, argueth out 
 of fallacy, which is called Ignoratio Elenchi ; was 
 not the zeal of many cooled towards ' the last end 
 of Queen Elizabeths Reign ? hath not the imper- 
 tinent heat of some of our own side berefl us of 
 part of our strength, and the Papacy with tract of 
 time gotten a hard skin on their Consciences ? 
 
 Parva metus prima, 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, 
 
56 COTTONI POSTHUMA. 
 
 who by their deaths prepare and assure more to 
 their sect, than by their lives they could ever per- 
 swade; it were incivility to distrust a Friend, or 
 one that hath the shew of an honest man, if he will 
 frankly give his word, or confirm it with an Oath, 
 but when a Prostestation is made upon the last 
 gasp of life, it is of great effect to those that cannot 
 gainsay it upon their own knowledg. 
 
 The number of Priests which now adays come 
 to make a Tragical conclusion is not great ; 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 Ec- 
 clesics: And though those Priests having a disad- 
 vantagious 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 well-wishing is all one, namely that Popish 
 Priests may have no power to do harm, it is not 
 impertinent to try sundry paths, which may lead 
 
COTTONI FOSTHUMA. 57 
 
 us to the perfecting of our desires. Politicians 
 distinguish inter rempublicam constitutam &" rem- 
 publicam constUuendatn, according to the several 
 natures whereof Statists are 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 self-same nature with extremity of 
 death; for some they condemned to perpetual 
 Prison ; and others they banished into an Island or 
 some remote Countrey ; even in the case of Reli- 
 gion 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, alledging that there was nothing so apt 
 to deceive men as Religion, which always pretends 
 a shew of divinity : and for that cause, it behoved 
 to be very wary in chastising the professors thereof, 
 lest any indignation should enter into the peoples 
 minds, that somewhat was derogated from the Ma 
 jesty of God. Others (mbre freely) have not 
 spared to place Religion, (I mean that Religion 
 which is ignorantly zealous) amongst the kinds of 
 Frenzie, which is not to be cured otherwise than 
 
 8 
 
58 COTTON/ POSTHUMA. 
 
 by time given to divert, or qualifie the fury of the 
 conceit. 
 
 Tantum Rcligio potuit suadere malorum. 
 
 VII. 
 
 Howsoever in valuing the power of a City or 
 strength of Arguments, 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 
 enemies way evermore makes things seem greater, 
 and more difficult than they are indeed ; we have 
 by Gods mercy the Sword of justice drawn in our 
 behalf, which upon short warning is able to dis- 
 unite the secret underminers of our quiet; we have 
 a King zealous for the house of the Lord, who 
 needeth not to fear lest 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 vomitting out 
 Gall in Quod-libets, shewed that their disease was 
 chiefly predominant in the spleen ; what tempests 
 they have raised in their CoUedg at Rome, their 
 own books, and many travellers can witness; the 
 storm whereof was such, that Sixtus Quintus com- 
 plained seriously of the vexation which he received 
 
COTTONI POSTHUMA. S9 
 
 oftner from the English Scholars, than all the vas- 
 sals of the Triple Crown ; and untruly is the Ma- 
 gistrate noted of negligence or overmuch security, 
 that layeth wait to catch the Foxes, and the little 
 FoKes which spoil the 'Vine3rard, though afterwards 
 without further punishment he reserve them to the 
 day wherein God will take account of their Stew- 
 ardship ; for if Aristotles City, defined to be a 
 Society of men assembled to live well, be the same 
 which in our Law hath reference to the maintain- 
 ing of the people in Peace, so long as we taste of 
 the sweet of a peaceable Government we caimot 
 say but that we live well, and that the City con- 
 sisting 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 no faith 
 with Hereticks, or by absolution from a Priest 
 thinketh himself at liberty to fly from any promise 
 or protestation whatsoever; therefore when I re- 
 member that Watson the Priest, notwithstanding 
 his invectives against the Jesuits, gained liberty to 
 forge his traiterous inventions, and had others of 
 his Society in the complot, I judg it 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 
 
6o COTTONJ POSTHUMA. 
 
 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 shew 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, even of the Nocent, insomuch that 
 in all Assises and Sessions, an offender can hardly 
 be condemned, whom the foolish pitty of man will 
 not after a sort excuse, with laying some imputa- 
 tion on the Judg, part on the Jury, and much on 
 the Accuser ; and such is their blind affection, that 
 the prisoner who perhaps was never recommended 
 for handsomness, will be esteemed of them, for 
 one of the properest men in the company; from 
 hence it comes that the name of Sergeant, or Pur- 
 sevant 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 Common-wealth, and de- 
 served to be cherished, but for his own part he 
 would not be any of that number, or with his 
 friends to affect such imployments ; and albeit that 
 fhe Law permits, and commands every man to ap- 
 
COTTONI POSTHUMA. 6i 
 
 prehend a Felon, 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 
 dravring 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 
 mens 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 ; be- 
 sides this, there are too many of the blind com- 
 monalty 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 Religion, 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 hodiema mihi, eras erit illn tibi. 
 
 Some also survive ; who, remember that in 
 Queen Maries time, the Protestants alledged a 
 Text, that the tares should not be plucked up be- 
 fore harvest, nay, I shall speak a buggs word, 
 there is no small number that stand doubtful 
 whether it be a grateful work to cross Popery, 
 
62 COTTONI POSTHUMA. 
 
 or that it may be done safely without a foul asper- 
 sion 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, unattached, revel 
 where they list, though they be more seen than a 
 man dancing in a Net; how much fitter were it for 
 OS courageously to inyite 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 Souldiers, You 
 are fools (quoth he) if there be any hope in your 
 hearts to redress sorrow by flight, or rather in- 
 deavour to make them fly that are the causers of 
 your grief, assuring your selves, that more perish 
 in flight, than in the Battel, even as many seeking 
 to meet the Papists half way discomfort our own 
 party. 
 
 IX. 
 
 It followeth now (according to the Method pre- 
 scribed) that an overture be made to get the 
 Jesuits and their shadows the Priests, into posses- 
 sion ; it hath been heretofore recited, that the un- 
 welcom names of a blood-sucker, a busie-body, or 
 a Puritan, have been shrewd Scar-crows unto many 
 honest minds ; by abrogating therefore of those or 
 such like Imputations many will be stirred up to 
 
COTTONI POSTHUMA. 63 
 
 undertake the apprehending of the adversaries unto 
 the truth, especially when for their pains and time 
 imployed, they shall deserve and have the title of 
 good Patriots, dutiful Subjects, and zealous Chris- 
 tians, 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 Orators part, than 
 any perswasion 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 House-keeper wUl trust his Ser- 
 vant 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 bountiftil hand of Sir Francis Wal- 
 singham made his Intelligences so active, that a 
 Seminary could scarcely stir out of the gates of 
 Rome without his privity, which success by media- 
 tion of gold, may as readily be obtained from Syvil, 
 Vallidolid, Dmuay, Levaint, Paris, and any other 
 places, and by fore-warning given of their approach 
 
64 COTTONI POSTHUMA. 
 
 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 thou- 
 sands 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 Jiscus, 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 ever 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 un- 
 justly accused by any graceless Gretzerus or Caco- 
 dtemon Johannes, tincting their Pens in Gall and 
 Vineger; for besides occasion of Calumniation 
 given by sutes 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 born out 
 against the power of a private person ; begging to 
 no other purpose, than hath heretofore been used : 
 and albeit the penalty be rated at 20/. a moneth, 
 yet was it never the Law-makers intent, that such 
 as were not able to pay so great a summe, should 
 go scot-free, but that according to the proportion 
 
COTTON! POSTHUMA. 65 
 
 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 skipt over, as if 
 they owed no souls to God, nor duty to their 
 Sovereign. A poor Man (saith one) is to be pityed, 
 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 
 hear him out, it sheweth that this fault proceeds 
 from presumption. 
 
 END OF VOL. II.