That the Kings of Eng­land have been pleased usu­ally to consult with their Peers in the Great COUNCIL, &c.

TO search so high as the Norman Conquest, it is necessary to lay down the form and Govern­ment of those times, wherein the state of af­fairs then lead in another form of pub­lick Councels; for the people brought under by the Sword of William, William the Conqueror. and his followers to subjected vassallage, could not possess in such assemblies the right of their former liberties, Malmsbury. division and power having mastered them, and none of their old Nobility being left either of credit or fortune, what he retained not in providence as the Demesnes of the Crown, or reserved not in piety for the maintenance of the Church, he parted to those Strangers that sailed along with him in the Bark of his ad­venture, leaving the Natives (for the most part) as appeareth by his survey in no better condition then Villenage; He moulded their Customs to the man­ner of his own Country, and forbore to grant the Laws of the Holy Edward so often called for.

[Page 14] To supply his occasions of men, mony, or provisions, he Ordered that all those that enjoyed any fruit of his Conquest, should hold their lands proportionably by so many Knights fees of the Crown, and admitted them to infeoff their fol­lowers, Ex lib. feod. in Scacc. with such part as they pleased of their own portions, which to ease their charge they did in his and his Sons time, by two infeoffments, the one de novo, Hen. 1. Ex lib. pub. in Scacc. the other de veteri; This course provided him the body of his War, the money and provision was by Hydage assessed on the common people; at the consent of their Lords, Chron. de Dun­stable. who held in all their Signiories such right of regality, Mat. Paris Benedictus Mo­nachus in vita Hen. 2. that to their Vassals (as Paris saith) quot Domini tot Tyranni, and proved to the King so great a curb and restraint of power, that nothing fell into the care of Majesty after, more then to re­trench the force of this Aristocracy that was like in time to strangle the Monar­chy.

Though others foresaw the mischief betimes, Gervas. Dorch. Roger Wend [...] ­ver. yet none attempted the reme­dy, until King John, King John. whose over hasty undertakings, brought in those broyls of the Barons Wars.

There needed not before this care to advise with the Commons in any pub­lick assemblies, when every man in England by tenure held himself to his great Lords will, whose presence was [Page 15] ever required in those Great Councels; and in whose assent his dependent Te­nants consent was ever included.

Before this Kings time then, Claus. 6 Iob. in 3. Dorso. we seek in vain for any Councel called, he first as may be gathered (though darkly by the Record) used their Counsels and as­sents in the sixth year of his Raign.

Here is the first summons in Records to the Peers or Barons, Tractaturi de magnis, & arduis negotiis, it was about a War of defence against the French; And that the Commons were admitted at this time, may be fitly gathered by this Ordinance, viz. Provisum est assensu Archiepiscoporum, Comitum, Baronum, & omnium fidelium nostrorum Angliae, quod novem militis per Angliam inveniend. deci­marum, &c. and this was directed to all the Sheriffs in England, the ancient use in publishing Laws: Petit. 18. From this there is a breach until the 18 Hen. 3. Hen. 3. where the next summons extant is in a Plea Roll of that year, but the Ordinances are lost: From hence the Records af­ford us no light until the 49 of the same King, where then the forme of summons to Bishops, Claus. 49. Hen. 3. in 11. Dors. Lords, Knights, and Burgesses, are much in manner though not in matter to those of our times.

This Parliament was called to advise with the King pro pace assecuranda & fir­manda, they are the words of the Writ, [Page 16] and where advice is required, consu­tation must needs be admitted.

To this King succeeded Edward his Son, Edw. 1. a wise, a just, and fortunate Prince, his Raign, and so long to the fourth of his Grandchild, we have no light of publick Councels in this kind, Ex Rot. Parl. in Archivis London. but what we borrow in the Rolls of Summons, wherein the form stood various accor­ding to the occasions, until it grew constant in the form it is now, about the entrance of Rich. 2. The Journal Rolls being spoiled, by the injury of times or private ends.

This King in the fifth of his Raign called a Parliament, Claus. 9. Edw.1. in 12. and therein advised with his Lords and Commons for sup­pressing of Llewellen Prince of Wales, and hearing that the French King in­tended to invade some pieces of his In­heritance in France, he summoned a Parliament, Rot. Parl. Anno 7 Edw. 1. Ad tractand. ordinand. & faciend. cum Praelatis Proceribus & aliis Inco­lis Regni quibuslibet hujusmodi periculis & excogitatis malis sit objurand. Inserting in the Writ that it was Lex justissima, Claus. 7 Edw. 1. in 3. Dors. Claus. 34. Ed. 1. in dors. pro­vida circumspectione stablita: That Quod omnes tangit ab omnibus approbetur. In 34. Super ordinatione & stabilimento Regis Sco­tiae, he made the like Convention.

His Son the second Edward, Edw. 2. pro so­lennitate Sponsalium & Coronationis, con­sulted with his people in his first year, in his sixth year, super diversis negotiis [Page 17] statum regni & expeditionem Guerrae Sco­tiae specialiter tangentibus, Claus, 1 Edw. 2. in 19. in dors. Claus 6 Ed. 2. in 3. in dors. Claus. 8. in 3. in dors. he assembled the State to advise; the like he did in the eighth.

The French King having invaded Gascoin in the thirteenth year the Par­liament was called, Claus. 13 E. 2. in 13. in dors. Claus 16. E. 2. in 27. in dors. super arduis negotiis statum, Gasconiae tangentibus. And in 16. To consult ad refraenand. Scotorum obsti­nentiam & militiam.

Before that Edward the 3. in his first year would resolve whether Peace or War with the Scotish King, Ddw. 3. Claus. 1 Ed. 3. in dors. he summoned the Peers and Commons, super praemissis tractare & consilium impendere.

The Chancellor in Anno quinto decla­reth from the King the cause of that As­sembly, Rot. Parl. 5 Edw. 3. And that it was to consult and resolve, whether the King should pro­ceed with France for recovery of his Signiories, by alliance of marriage, or by war? And whether to suppress the disobedience of the Irish, he should pass thither in Person or no?

The year following he re-assembleth his Lords and Commons, Parl. 6 Ed. 3. and requir­eth their advice, whether he should un­dertake the Holy Expedition with the French King that year, or no? The Bi­shops and Proctors of the Clergy would not be present, as forbidden by the Canons such Councels, the Peers and Commons consult, applauding the Re­ligious and Princely forwardness of [Page 18] their Sovereign to this holy enterprize, but humbly advise a forbearance this year for urgent occasions.

The same year, Rot. Parl. 6 Ed. 3. Saff. 2. in 6. though at another Sessions, the King demanded the advice of his people, Whether he should pass into France to an enterview as was de­sired for the exepediting the treaty of marriage: The Prelates by themselves, the Earls and Barons by themselves, and the Knights of the Shires by themselves, consulted apart, for so is the Record; and in the end resolved, That to pre­vent some dangers likely to arise from the North, it would please the King to forbear his journey, and to draw to­wards those parts where the perils were feared, his presence being the best pre­vention; which advice he followed.

In the following Parliament at York the King sheweth how by their former ad­vice he had drawn himself towards the North parts, Rot. Parl. 7 Ed. 3. and now again had assem­bled them to advise further for his pro­ceedings, to which the Lords and Com­mons having consulted apart, pray fur­ther time to resolve, until a full assembly of the State, Rot. Parl. 7 E. 3. Sess. 2. Parl. 7 E. 3. in 6. to which the King grant­ing, adjourneth that Sessions. At the next meeting, they are charged upon their Allegiance and Faith, to give the King their best advice; the Peers and Commons consulting apart, deliver their opinions, and so the Parliament ended

[Page 19] In the 13. year the Grands and Com­mons are called to consult and advise how the Domestick quiet may be pre­serred, Rot. Parl. 13 E. 3. the Marches of Scotland defen­ded, and the Sea secured from forrein Enemies; the Peers and Cammons ha­ving apart consulted, the Commons af­ter their desire not to be charged to counsel in things Des quenx ils mont pas cognizance, answer, That the Guardians of the Shires, assisted by the Knights, may effect the first, if pardons of Felony be not granted.

The care of the Marches they humbly leave to the King and his Counsel, and for the safeguard of the Seas, they wish that the Cinque Ports, & Marine towns, discharged for the most part from the main burthens of the In-land parts, may have that left to their charge and care, and that such as have lands neer the Coasts be commanded to reside on those possessions.

The Parliament is the same year re­assembled Avisamento Praelatorum, Rot. Parl. 13 E. 3. Sess. 2. proce­rum, necnon communitatis, to advise de ex­peditione guerrae in partibus transmarinis, at this, Ordinances are made for provision of Ships, arraying of men for the Mar­ches, and defence of the Isle of Jersey, naming such in the Record, as they con­ceive fit for the imployment.

The next year De la Pool accompteth in Parliament the expences of the wars, Parl. 14. E. 3. [Page 20] a new aid is granted, and by several Committees in which divers are named that were no Peers of Parliament, the safeguard of the seas, and defence of the borders are consulted of.

In the 15 year, De assensu Praelatorum Procerum & aliorum de consilio, the Kings passage into France is resolved of. Anno 17. Badlesmere, instead of the Councel 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.

The Popes undertaking proving fruit­less, Rot. Parl. 18 E. 3. and delays to the French advantage, who in the mean space allied with Scot­land and others, practized to root out the English Nation in France: This King again assembled the year following, in which the Peers and Commons after ma­ny days meditation, resolve to end it either by Battel or Peace, and no more to trust upon the mediation or message of his Holiness.

In the 21 year, Ro. Parl. 21 E. 3. the chief Justice Thorpe declaring to the Peers and Commons [Page 21] that the French Wars began by their ad­vice first, the True after by their assents accepted, and now ended, the Kings plea­sure was to have their Counsels in the prosecution, the Commons being com­manded, Que ils se deveroyent trait ensemble & se quils ensenteroient monstrer au Roy & aux gravitur de son consilio, Who after four days consulting, humbly desire the King to be advised by his Lords and others, more experienced then themselves in such affairs.

To advise the King the best for his French imployments a Parliament was summoned Anno 25. Parl. 25 E. 3. Herein the King for a more quick dispatch willeth the Commons to elect 24. or 30. of their house to consult with the Lords, these to relate to their fellows, and the con­clusion general by the Lords to the King.

In the 27 a Great Counsel is assem­bled, Parl. 27 E. 3. many of the lay Peers, few of the Clergy, and of the Shires and Burroughs but one a peece.

This was for the prosecution of the French wars, Parl. 27 E. 3. when honorable peace could not be gotten; but the year fol­lowing a Truce offered, the King for­bore to entertain, until he had the con­sent of the Peers and Commons, which they in Parliament accorded unto be­fore the Popes Notary, by publick In­strument.

[Page 22] The dallying of the French King in conclusion of peace, Parl. 29 E. 3. and the falling off of the Duke of Brittany, having wrought his end with France by reputation of the English succour, is the year following declared in Parliament, and their advice and aid required for the Kings pro­ceeding.

In the 36. year he calleth a Parliament to consult whether war or peace by David King of Scots then offered, Pa [...]l. 36 E. 3. should be accepted?

In the 40. the Pope demanding the tribute of King John, the Parliament as­sembled, Parl. 40 E. 3. King John. where after consultation apart, the Prelats, Lords, and Commons advise the denyal, although it be by the dint of Sword.

In 43. Parl. 43 E. 3. The King declares to the Peers and Commons, that the French against the Articles of the Truce, refused pay­ment of the moneys, and delivery of the Towns, summoning La Brett, and others the Kings Subjects in Gascony to make at Paris their appeals, and had forraged his of Bontion, requiring, whether on their breach he might not again resume the stile and arms of France.

The Lords and Commons had apart consulted, they advised the King to both, which he approving, altered the in­scription and figure of his Seal.

Two years after it was declared to the Peers and Commons, Parl. 45 E. 3. that by their ad­vice [Page 23] he had again resumed the stile and quarrel of France, and therefore called their advice for the defence of the realm against the French, securing of the Seas, and pursuing of the Warre, of which they consult, and resolve to give the King an aid; Parl. 46 E. 3. the like of Councel and supply was the year succeeding.

In the 50 a Parliament to the purposes of the other two was summoned; Par. 50 Ed. 3. and the year following the King in Parlia­ment declaring how the French combi­ned underhand against him with Spain and Scotland, required their advice, how Peace at home, the Territories abroad, Security of the Sea, and charge of the War might be maintained. I have the longer insisted in observing the carriage of these times, so good and glorious, af­ter ages having not left the Journal en­tries of Parliament so full, which with a lighter hand I will pass through.

Richard, his Grand child succeeded to the Crown, Rich. 2. and troubles, having no­thing worthy his great fortunes, but his great birth; Par. 1 Rich. 2. in 5 & 6. the first of his Raign he pursued the Steps of his wise Grand­father, advising with Peers and Com­mons how best to resist his Enemies, that had lately wronged many of his Subjects upon the Sea coasts.

In the second year he again con­sulted with his people, Parl. 1 Rich. 2 in 7. how to with­stand the Scots, who then had com­bined [Page 24] with the French to break the Truce.

In the third he called the advice of Parliament, Parl. 3 Rich. 2. in 4. & 5. how to maintain his regali­ty, impaired by the Popes provision, how to resist Spain, France and Scotland, that had raised Wars against him, how to suppress his Rebells in Guyen and Ireland, and how to defend the Seas.

The like in the fourth year following at Winsor; Par. 4 Rich. 2. n 2 & 3. the year succeeding at a great Councel, Parl. 5 Rich. 2. in 3. the King having proposed a voyage Royal into France, now called the Parliament to determine further of it, and it is worthy observation, for the most before any proposition of War or Peace were vented to the Commons, a debate thereof proceeded in the great Councel to stay it fitter to Popular ad­vice.

The quarrel of Spain continuing, Parl. 5. Sess. 2. the Duke of Lancaster offered a voyage a­gainst them, so that the State would lend him money, after consultation they granted aid, but not to bind them to any continuance of Wars with Spain.

In the sixth the Parliament was called, Parl. 6. Rich. 2. to consult about defence of the borders, the Kings possessions beyond Sea, Ireland and Gascoyne, his subjects in Portugall, and safe keeping of the Seas; and whe­ther the King should proceed by Treaty of Alliance, or the Duke of Lancaster by force; for the Conquest of Portuguall, [Page 25] the Lords approve the Dukes inten­tion for Portuguall, 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, Parl. 6 Sess. 2. whether the King should go in person to rescue Gaunt, or send his Army; the Commons after two dayes debate crave a conference with the Lords, the effect is not entered in the Roll, only they bid Sir Thomas Puckering their speaker protest, that Counsells 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 peace be setled with the Scots, and that the Lord de la Sparre sent with Propo­sitions from Spain, may first be heard.

The Chancellor in the seventh year in the name of the King willeth the Lords apart, Par. 7 Rich. 2. and so the Commons, to consult whether Peace or War with Scotland, or whether to resist or assail the Kings ad­venture with Spain, France, or Flan­ders.

[Page 26] 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 Commons are willed to advise upon view of Articles of Peace with the French, Parl. 7 Sess. 2. whether War, or such a Unity should be accepted; They modestly ex­cused themselves as too weak to consult in such weighty affairs; But being charged again as they did tender the ho­nour, and right of the King, they make this answer, Quils intendent que ancunes serm [...]s & terres que mesme lour Leeige auroit [...]it pur cest accord in Guien si serront tenns dobt Roy Francois par homage & ser­vice mars ne persont uny que lour dit Leeige voiroit assenter trope legierement de temer dicens Francois pertiel service la villa de Callis & aultres terres conquises des fran­coise per lespreneve verroit la comen ense faest fait si autrement lour perroit bien faire, gi­ving their opinions rather for Peace than War; Peace with France not suc­ceeding the eighth year, the body of the State was willed to advise, Par. 8 Rich. 2. whether the King in his own person, or by sending of forces against the French, Spain, Flan­ders and Scotland, should proceed.

[Page 27] This King having assembled at Oxon his great Counsel to advise whether he should pass the Seas or no, Claus. 9 Rie. 2. with an Army Royal, and they not daring to assent without greater Counsel.

A Parliament the tenth year to have the advice of the Commons, Par. 10 Rich. 2. as well as of the Lords was called, and how the Realm should be governed in their Sovereign his absence.

The truce with France was now ex­pired, Parl. 13 Ric. 2. the Parliament was called in the 13th to advise upon what conditions it should be renewed, or otherwise how the charge of the War should be sustein­ed; at this assembly, and by consent of all, the Duke of Lancaster is created Duke of Aquitaine, the Statute of pro­visions now past. Rot. Claus. 13. Ric. 2. the Commons a party in the Letter to the Pope.

The year succeeding a Parliament is called, Far. 14 Ric. 2. for the King would have advice with the Lords and Commons for the War with Scotland, and would not without their Counsels conclude a final peace with France. The like assembly for the same causes was the year ensuing, the Commons interesting the King to use a moderation in the Law of provisi­ons, to please at this time their holy Fa­ther, so that the Statute upon their dis­like may again be executed; and that to negotiate the peace with France the Duke of Aquitaine may rather than ano­ther be imployed.

[Page 28] To consult of the Treaty with France for Peace, Parl. 17 Ri. 2. the King in the seventeenth calleth a Parliament (the answer of the Lords is left unentred in the Roll) the Commons upon their faith and allegi­ance charged, advised that with good moderation homage may be made, for Guien an appenage of the French Croine so it trench not to involve the other pieces of the English Conquest, their answer is large, modest and worthy to be marked.

Now succeedeth a man, Henry 4. that first stu­died a popular party, as needing all to support his titles.

He in the fifth year calleth a Parlia­ment to repress the malice of the Duke of Orleance, Parl. 5. Hen. 4. Parl. 6. Hen. 4. Parl. 7. & 8. Hen. 4. in 19 & 20. and to advise of the Wars in Ireland and Scotland (neither Counsels or supplies are entred in the Roll) and to resist an invasion intended by France and Brittain, he assembleth the State a­gain, the like was the second year fol­lowing for France.

In this the Commons confer with, Claus. 7 H. 4. for guard of the Sea, and make many Ordi­nances, to which the King assenteth, the peace with the Merchants of Bruce and Foins is debated, and a Proclamation pub­lished, as they resolved; by the Speaker the Commons complain of 96 pieces of importance lost in Guien the year before, ln 33. need of the defence of the borders, and Sea coasts, to suppress the Rebellion in [Page 29] Wales, and disloyalty of the Earl of Nor­thumberland; In 57. they humbly desire, that the Prince may be dispatched into those parts with speed, and that the Castle of Manlion the key of the three realms might be left to the care of the English, In 59. and not to Charls of Navarre a stranger, and to have a vigilant eye of the Scotish prisoners.

In the tenth the Parliament is com­manded to give their advice about the Truce with Scotland, and preparation against the malice of the French,

His Son, Hen. 5. the wife and happy under­taker, advised with the Parliament in the first year, Parl. 1 Hen. 5. In 2. how, to cherish his Allies, and restrain his Enemies; for this there was a secret Committee of the Com­mons appointed to conferr with the Lords, the matter being entred into a schedule touching Ireland, Wales, Scot­land, Callis, In 4. Gunien, Shipping, Guard of the Seas, and War, provision to repulse the Enemies.

In the second he openeth to the Par­liament his Title to France, Parl. 2 Hen. 5. a quarrel he would prosecute to death. if they allow­ed and ayded, death is in his Assembly enacted to all that break the Truce, or the Kings safe conduct.

The year following peace being offe­red by the French King, Parl. 3 Hen. 5. and the King of the Romans arrived to effect the work, the King refuseth any conclusion until [Page 30] he had thereunto advice and assent of the Lords and Commons, for which occasion the Chancellor declareth that Assembly.

In the fourth and fifth, Parl. 4 & 5. Hen. 5. no Peace being concluded with France, he calleth the State together to consult about the Warr, concluding a Treaty of amity with Sigismund King of the Romans by allowance of the three Estates, and en­tred Articles into the Journal Rols.

The same year, Parl. 5 Hen. 5. 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, Parl. 7 Hen. 5. The like in the se­venth.

The Treaty with France is by the Prelates, Nobles, and Commons of the Kingdom perused and ratified in the 11. of his Raign.

His Son more holy then happy suc­ceeded, Hen. 6. Rot. Parl. 2 Hen. 6. adviseth him the second year with the Lords and Commons, for the well keeping the Peace with France; consulteth with them about the delive­ry of the Scottish King, and the con­clusion of it is confirmed by common assent.

And in the third year they are called to advise and consent to a new Article in the League with Scotland, Rot. Pa 3 H. 6. for change of Hostages.

And in the ninth conclude certain Rot. Pa. 9 H. 6. [Page 31] persons by name to Treat a Peace with the Dolphin of France.

The Treaty at Arras, whither the Pope had sent as Mediators two Cardi­nals, not succeeding.

The King in Parliament, Anno 14. sheweth he must either lose his Title, Rot. Parl. 14 Hon. 6. Stile, and Kingdom of France, or else defend it by force, the best means for the prevention thereof he willeth them to advise him.

He summoneth again the next year the State, Rot. Parl. 15 Hen. 6. to consult how the Realm might be best defended, and the Sea safe kept against his Enemies.

In the twentieth the Commons exhi­bite a Bill for the Guard of the Sea, Parl. 20 H. 6. ascertain the number of Ships, assess wages, and dispose prizes of any for­tune, to which the King accordeth, and that the Genoways may be declared ene­mies for assisting the Turks in the spoyl of the Rhode Knights, and that the pri­vileges of the Pruce and Hans Towns Merchants may be suspended, till com­pensation be made to the English for the, wrongs they have done them, to which the King in part accordeth.

The King by the Chancellor declar­eth in Parliament Anno 23. Parl. 23 H. 6. That the Marriage with Margaret the King of Sicils Daughter was contracted for en­ducing the Peace made with France, against which the Lords, as not by their [Page 32] advice effected, make Protestation, and enter it on the Roll.

In the 25. Rot. Parl. 25 Hen. 6. in 3. the King intended to pass in Person into Franch, and there to treat a Peace with the King, adviseth with the Lords and Commons in Parliament, and Letters of Mart are granted against the Brittains, N. 6. for spoyle done to the English Merchants.

The Lord Hastings, Parl. 27 H. 6. and Abbot of Gloucester declare in Parliament Anno 27. the preparation of the French, the breach by them of the Peace, the weak defence of Normandy, and the expiration shortly of the Truce, requiring speedy advice and remedy.

In the 29. Parl. 29 H. 6. it was enjoined by Parlia­ment, to provide for defence of the Sea and Land against the French.

It was commanded by the King to the States assembled, Parl. 33 H. 6. Anno 33. to advise for well ordering of his House, pay­ment of the Soldiers at Callis, guard of the Sea, raising of the siege of Barwicke made by the Scots against the Truce, dispoiling of the number of 13000 Sol­diers, arrayed the last Parliament, ac­cording of differences amongst the Lords, restraining transportation of Gold and Silver, and acquitting the disorders in Wales; of all which, Com­mittees are appointed to frame Bills.

Edward the fourth by the Chancellor declareth in his seventh year to the Edward 4. Parl. 7. E. 4. [Page 33] Lords and Commons, that having made peace with Scotland, entred League with Spaine and Denmark, contracted with Burgundy and Britany for their ayd in the recovery of his right in France, he had now called them to give their Counsels in proceeding, which Charge in a second Sessions was again proposed unto them.

The like was to another Parliament in his twelfth year. Parl. 12 E. 4.

After this time their Journalls of Parliament have not been well preser­ved, Henry 7. Rot. Parl. 1 Hen. 7. or not carefully entred, for I can find of this nature no Record, untill the first of Hen. 7. wherein the Com­mons, by Thomas Lovell their Speaker, Petition the King to take to Wife Eli­zabeth Daughter to Edw. 4. to which the King at their request agreeth.

The next is the third of Hen. the 8. in which from the King the Chancellor declareth to the three Estates the cause of that Assembly: Henry 8. Parl. 3 H 8. The first to devise a course to resist the Invasion of the Scots, next how to acquit the quarrel between the King of 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.

[Page 34] The last in the 32d of the same year, Rot. Parl 32. Hen. 8. where the Chancellor remembring the many troubles the State had undergone, in doubtful titles of Succession, Ex iustrumen. Orig. de­clareth, that although the Convocation had judged void the marriage of Anne of Cleve, yet the King would not pro­ceed, without the Counsel of the three Estates: The two Archbishops are sent to the Commons with the Sentence seal­ed, which read, and there discussed, they pass a Bill against the Marriage.

In all these passages of publick Coun­sells, wherein I have been much assist­ed by the painful labour of Mr. Elsings, Clerk of the Parliament, and still ob­serve, that the Soveraign Lord, either in best advice, or in most necessities, would entertain the Commons with the weightiest causes, either forrain or domestique, to apt and bind them so to readiness of charge, and they as warily avoyding it to eschew expence; their modest answers may be a rule for ignorant liberty to form their du­ties, and humbly to entertain such weighty Counsells at their Soveraigns pleasure, and not to the wild fancy of any Factious spirit. I will add one forrain example to shew what use have been formerly made by pretend­ing Marriages, and of Parliaments to dissolve them, their first end ser­ved.

[Page 35] Maximilian the Emperour, and Fer­dinand of Spain, the one to secure his possessions in Italy, the other to gain the Kingdom of Navarre, (to both which the French King stood in the way) projected a Marriage of Charls their Grand-child, with Mary the King of Englands sister, it was embraced, and a Book published of the benefits likely to ensue the Christian world by this match, Tractat. matri­monial. 1510. upon this Ground, Ferdinando beginneth to incite Henry the 8th to war with France, Ex literis orig. legator. presents him with succours, and designs him Guien to be the mark, and Dorset sent with men and munition to joyn with the Spanish forces then on the Borders of Navarre, the noise is they came to assist Ferdinand in the conquest of that Kingdom, which though false, gained such reputation, that Albred was disheartned, and Fer­dinand possesed himself of that his Suc­cessors since retained, his end served, the English Army weak and weather-beaten, are returned fruitless.

Maximilian then allureth the young and active King to begin with France on the other side, Ex tract. Hen. 8. & Maximi­lian. 1511. Turwin and Turney is now the object, whither Henry goeth with victory, but better advised (with that pittance) makes an end by peace with France, whose aim and heart was set on Millain.

A new bait the old Emperour findeth Ex tract. orig. [Page 36] out to catch the Ambitious young man, he would needs resign unto him the Empire, too heavy for his age to bear: The Cardinal Sedunensis is sent over to sign the Agreement, which he did; and France must now again be made an Enemy: To prevent this dan­ger Francis released his Title to Naples, and offereth Laogitia his Daughter to Maximilians Granchild Charls, Ex tract. orig. at Noyon this is acted in the dark, and at Arno the French Commissioners came up the back stairs with 60000 Florins, and they engrossed Covenants, when the abused King of Englands Ambassador Pace, Ex liiteris Ric. Pace Legat. Reg. Anglia. went down the other; the good Cardinal returneth home, meeteth by the way this foul play of his Master, and writ to the King of England, not in excuse, but in complaint, Contra perfidiam Principum, Ex literis Car. Sedunensis. an honest Letter. Ferdinand and Maximilian dead, Fran­cis and 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, Ex literis Ca­rol. Reg. Hisp. and Daughter, he will make his Daughter a Queen in praesente, which the Dolphin can­not do, and by his favour an Em­press.

To further France was but to win Ambition to prey upon all his Neigh­bours. Ex literis, Car. Imperat. origi­nal. [Page 37] the English King is won, and winneth for Spain the Imperial wreath, Extract. Wind. 1522. Ex instru. orig. jurament. which Charls in two Letters I have of his own hand then thankfully confes­sed.

From Aquisgrave he cometh Crow­ned in haste to England, wedded at Windsor the Kings Daughter, con­tracteth to joyn in an invasion of France, to divide it with his Father in Law, by the River of Rodon, and swea­reth at the Altar in Pauls to keep faith in all.

Bourbon is wrought from France, Ex literis Ri­chardi [...]ace, & lohannis Russel. and entreth the Province with an Army, paid with King Henries money; Suffolke pas­seth with the English Forces by Pi­cardy: But Charles the Emperour, who should have entred Guyen-faileth, draw­ing away Burbon from a streight siege Marseilles, to interrupt Francis then entred Italy, and so the enterprize of France is defeated, the French King as it Pavie taken Prisoner by Pescaro, led to Grone, hurried into Spain by the Emperours Galleys, and forced at Ma­drid to a hard bargain; without pri­vity of Henry the 8th or provision of him, Ex tract Ma­dristensi 526. Ex Rot. Com. Russel & Pace. 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, Ex iustru. orig. Carol. 5. [Page 38] must be the Seat of his Empire: Burbon, and after Moncado are directed to surprize it. Angelo the observant Fryer is sent before the Pope, consigned by the Emperours Election, Ex instru H. 8. Bryano & Gar­dinen. who meant (as his own instructions warrant) to restore that right again to the Imperial Throne.

Charls will follow him from Barcellona with an Army; Ex literis Cuthb Tunstall Epis Lon-Legat. Hen. 8. in Hispan. Ex protestat. orig. Toledonensi [...]arl. but before, he must call a Parliament at Toledo, whether by ele­ction or affection, I dare not divine, that Assembly maketh Protestation a­gainst their Masters Marriage with En­gland, and assign him Isabella of Portugal for a wife, the Instruments are sent signed by the Imperial Notary to Henry the 8th. Ex literis Car. Wolsey & Creg. Lusathis. Ex Instru. Signat. Ch. Im. Gonzado Fer­dinand. Capel. suo dat. 24 Feb. [...]x lib. N N. N.Dom. Car. And Charls bemoneth 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 Ferdinando his Chaplain, to invite the Earl of Desmon to rebell in Ireland.

And to invite James the First, by pro­mise of a Marriage to Christian of Den­marks Daughter, Ex literis inter­ce [...]t. à Com. Northumb. Custo [...]. March. Scotiae. Extract. orig. in Arch. Wost. [...]x tract. Cam­brens. 1529. his Neece; to enter the English Borders, to busie the English King, for asking a strict accompt of that indignity. Henry the 8th with Provi­dence and good success over-wrought these dangers, and by the League of Italy he forced him to moderate Conditions [Page 39] at the Treaty of Cambray, 1529. He be­ing made Caput foederis 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.

THAT THE SOVERAIGNS PERSON is Required in the Great COUNSELS, OR ASSEMBLIES OF THE STATE, &c.

SInce 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 deduct it the dearer down, some [Page 44] essential circumstances of name, time, place, occasion, and persons, must be in a general shortly touched, before the force of particular proofs be laid down. Ex Consiliis Reg. Saxon. Cantuar. Gla [...] ­vil. lib. Ely. This noble body of the State, now called the houses in Parliament, is known in several ages, by several names Consilia the Counsels in the old times, after Magnum, Commune, and Generale, Consilium, Curia Magna, capitalis, and Curia Regis; Leges Etherlredi. Ingulphus. sometimes Generale Placitum, and sometimes Synodi and Synodalia decre­ta, Croylandensis. Registra Mo­naster. although aswell the causes of the 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, Palatium Re­gale. Westm. and the Pre­sence, Privy Chamber, or other room convenient, for the King in former times as now then used; for what is the pre­senst House of Lords, but so, as at this time, and was before the fyring of the Pallace at Westminster, about the seven­teenth of Henry the eighth, who then and there recided.

Improbable it is to believe the King was excluded his own Privie Chamber, and unmannerly for guests to barre him the company, who gave to them their entertainment. Regist. Eliensis. It was at first as now Edicto Principis, at the Kings pleasure. Towards the end of the Saxons; and in [Page 45] the first time of the Norman Kings, Annales Mona­steriorum. it stood in Custome-Grace, to Easter,Whit­sontide, and Christmas fixed. Liber de Rollo. The Bi­shops, Earls, and Lords, Ex more, then Assembled (so are the frequent words in all the Annalls) the King of course then revested with his imperial Crown by the Bishops and Peers assem­bling, Regist. de Wig. in recognition of their pre­obliged faith and present service, until the unsafe time of King John, by over­potent and popular Lords, gave discon­tinuance to this constant grace of Kings, Iohannes E­versden. and then it returned to the un­certain pleasure of the Soveraigns sum­mons. Mathew Paris. Hoveden. The causes then as now of such Assemblies, were provisions for the support of the State in Men and Mo­ney, well ordering of the Church and Common wealth, and determining of such causes, Bracton. which ordinary Courts nesciebant judicare (as Glanvill Glanvill. the grand judge under Henry the second saith) where the presence of the King was still required, Fleta. it being otherwise ab­surd to make the King assentor to the 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, Modus tenen­di Parliament. Rex tenetur omni modo personaliter interesse Parliamento, nisi per Corpo­ralem agritudinem detineatur. Then to [Page 46] acquaint the Parliament, of such occa­sion of either house, Causa est quod sole­bat Clamor & Murmur esse pro absentia Regis quia res damnosa & periculosa est toto Communitati Parliamenti & Regni cum Rex à Parliamento absens fuerit, Nec se absentare debet, nec potest nisi duntaxat in Causa supradicta. By this appeareth the desire of the State to have the Kings presence in these great Counsels by ex­press necessity. I will now endeavour to lead the practise 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 Coun­cels remaining composed Ex Episcopis, Ex Registris Council. Cantu­ariae. Abbatibus, Ex Consilio Wi­thredi Regist. Ducibus, satrapis, & omni dig­nitate optimatibus Ecclesiasticis scilicet & secularibus personis pro utilitate Ecclesiae, & stabilitate Regni pertractand. Seven of them are Rege praecedente and but one by deputy; and incongruous it were and almost non-sence, to bar his presence that is president of such an Assembly.

The Saxon Monarchy under Alfred, Ethelred, Ex Synodis & legibus Alfredi Ethelredi, Ed­gari. and Edgar in their Synods or Placita generalia went in the same pra­ctise and since. Thus Ethelwald appealed against Earl Leofrick From the Coun­ty and generale Placitum before King E­thelred and Edgira the Queen, Ex Registr. Elien. against Earl Goda to Eldred the King at London, Ex Registr. A­bigtounessi. Chronicon de Waverley. [Page 47] Congregatis Principibus & sapientibus Angliae. Gesta Sancti Edwardi Ga­lice. In the year 1502. under Ed­ward the Confessor Statutum est placitum magnum extra Londinum quod Normanni ex Francorum consuetud. Alured. Riva­lensis, vita Ed­wardi Confes­soris. Parliamentum appellant where the King and all his Barons appealed Goodwin for his Bro­ther Alureds death, the Earl 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 Councel at Westminster 1072. Regist. Cantu­arien. in Easter week, the cause of the two Archbishops Lanfrank and Thomas, ventilata fuit, in praesentia Regis Willi­elm. And after at Winsor, finem accepit in proesentia Regis. At the same feast in the year 1081. (the usual time of such As­semblies) the King, the Archbishops, Bishops, Abbots, Earls, and chief No­bility of the Kingdom present (for so are the words of the Records) the cause between Arsast Bishop of Norway, Regist. Sancti Edmundi. and Baldwyne Abbot of Bury was also ar­gued, Et ventilata in publica jubet Rex teneri Judicium Causis auditis Am­horum.

The diligence of his Son the Learned Henry the first in executing of this part of his kingly function is commended to posterity, Walterus Mape de nugis curi­alium. by Walter Mape, a Learned [Page 48] man, trained up, and in favour with Henry the second, in these words, Omnia Regali more moderamine faciebat, nemi­nem volebat agere justitia vel pace. Consti­tuerat autem ad tranquilitatem omnium ut diebus vacationis, vel in domo magna subsi­dio copiam sui faceret, usque ad horam sextam, (which was till twelve as we now accompt) secum habens Comites, Baronet, Proceres, & Vavasores, to hear, and determine causes, whereby he at­tained the surname of Leo Justitiae in all stories, Hen. Hunting­don. and so out-went in quiet gui­dance of the State his best progenitors. Malmsbury. The next of his name that succeeded is remembred every where for his debates and his disputes he had in person with Thomas the Archbishop, and others of his part, Vita Tho Can­tuar per Fitz-Stephanum. Gesta Hen.2. Benedictio Abb. Authore. at the great Counsels both at London, Clarendon, and Northampton, for redress of the many complaints of the Commons, against the outrages and extortions of the Clergy; one thou­sand five hundred and fifty seven, Die Penticostis apud sanctum Edmundum, the same King Diademate Insignitus, Regist. Mo­nast. de Belto. with the Bishops, Abbots, Earls, and Ba­rons of the Kingdome, sate daily him­self and heard all the debates, concern­ing the Liberties and Charters of Battle Abbey. The interlocutory Speeches as well of the King, as Lords and parties are at full related in a Register of that Church.

[Page 49] The sute between the Church of Lin­colne and Saint Albanes, Regist, Lin­coln. in praesentia Regis Henry Archepiscop. & Episcop. omnium Angliae, & Comitum & Baronum Regni, was at Westminster debated and en­ded: And had alone of memory and truth been a protector of the publick Records of the State, as awe of the Clergies sen­sure was a guard to theirs, in tempe­stuous times, we had not been now left to the only friendship of Monkes dili­gence; for example in this kind. Liber Burtoni ens. Monasterii At Lin­colne the Archbishops, some Bishops, but all the Earles and Barons of the Realme, una Cum Rege Johanne Congre­gati ad colloquium de concordia Regis Scotiae, saith the Register of that Church.

This use under King Henry the third, Rot. Clans. Anno 59. E. [...]. needeth no further proofe, than the Writ of summons (then framed) ex­pressing that Kings mind and practise; It is Nobiscum & Praelatis & Magnatibus nostris quos vocari fecimus super praemissis tractare & Consilium impendere, which word Nobiscum implieth plainely the Kings presence; what the succeeding practise was, from the fifteenth year of the second Edward, the proper Re­cords of this inquiry (the Journall Books being lost) I am enforced to draw from out the Rolls of Acts, wherein sometimes by chance they are remembred. Edward the second was pre­sent [Page 50] in Parliament in the fifteenth year of his Raigne at the complaint against the Spencers, Rot. Parl. 15. Edw. 2. and at the second Parlia­ment that year, for the repeale of that banishment.

In the fourth of Edward the third, the King was present at the accusation of Roger Mortimer, Rot. Parl. 4. Edw. 3. but not at the Try­all.

And the next year in the treaty of the French affaires. Rot. Parl. An­no 5. Edw. 3.

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, Rot. Parl. An­no 15. Edw. 3. 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, Rot. Pa [...]l. An­no 17. Edw. 3. now the Court of requests, Rex cum magnatibus conveniunt Communes super ne­gotiis Regni.

In the tenth of Richard the second, Chronicon Hen­rici Knighton. the King departed from the Parliament in some discontent, when after some time, Lords are sent to pray his pre­sence, and informe his Majesty that if he forbear his presence amongst them [Page 51] fourty dayes, that then Ex antiquo Statuto, they may returne absque do­ [...]igerio Regis, to their severall homes.

Henry the fourth began his first Parli­ament the first of November, Rot. Parl. An­no 1. Hen. 4. and was the twenty seventh of the same moneth at a debate about the Duke of Brittany, the thirtieth day the Cause of the Arch­bishop of Canterbury was before him proposed only.

The third of November he was at the debate, Rot. Parl. An­no 2. Hen. 4. whether the Commons had right of Judicature yea or no.

On the tenth he was with the Lords in their consultation about the expedi­tion against the Scots; Rot. Parl. 10. Hen. 4. the creation of the Duke of Lancaster, and prohibition of a new sect for 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, Anno 2. Hen. 4. Rot. Parl. and on the ninth of February was present to make agreement betwixt the Bishop of Norwich, and Thomas of Erpingham.

On the twentieth day of the same moneth he was present at Counsell for repressing the Welch Rebells; for revoca­tion of stipends, and concerning the Pri­ors Aliens.

[Page 52] On the 26. they advise before the King of the Cistertians order.

On the second of March of the Sta­tute of Provisions the Keeper of the privy Seal, of relieving the two Uni­versities.

And on the ninth of March, Rot. Parl. An­no 4. Hen. 4. they mediate before the King a reconciliati­on betwixt the Earl of Rutland and the Lord Fitzwater.

He also began a Parliament in the fifth year upon the fifteenth of January, Rot. Parl. An­no 5. Hen. 4. and on the twentieth they advise before the King of guarding the Seas, and the Welsh rebellion.

On the eighth of February the Earl of Northumberland is charged before the King, and in his presence, and by his permission, divers of whom he knew no harme, were removed from the Court.

The next day at the Petition of the Commons, he took upon him to recon­cile the Earles of Northumberland and Westmerland. And on the two and twentieth of February of the Earles of Northumberland and Dunbarre.

In a Parliament of 27 of Hen. the 6. Rot. Parl. An­no 27. H. 6. a Challenge of seate in Parliament be­twixt the Earles of Arundell and De­vonshire, was examined and appointed by the KING with the advice of the Lords.

In that great capitall cause of the Rot.Parl. An­no 28. Hen. 6. [Page 53] Duke of Suffolke, the 28 of Hen. 6. I finde not the King once present at the debates, but the Duke appealing from his tryall by Peerage, to the King, is brought from out of the house of Lords to a private Chamber, where the King af­ter the Chancellor in gross had decla­red his offence, and his refusall, the King himself (but not in place of judge­ment) adjudged his banishment.

By the Rolls of Edward the fourth, Rot. Parl. An­no Edw. 4. it appeareth that he was many dayes, be­sides the first and last of 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. Registrum Cralanden. This of the Duke of Clarence and the King, Tristis discepta­tio inter duos tantae humanitatis Germanos, nemo arguit contra ducem nisi Rex, nemo respondit Regi nisi dux, some other testi­monies are brought in, with which the Lords are satisfied, and so Formârunt in eum sententiam damnations, by the mouth of the Duke of Buckingham, the Steward of England, all which was much distasted by the House of Com­mons.

The Raigne of Henry the seventh affords us upon the Rolls no one exam­ple. Ex Chartis Anno 12. H. 7. The journall Bookes are lost, ex­cept so much as preserves the passages of eight dayes in the twelfth year of his Raigne; in which the King was [Page 54] some dayes 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 Councell of Parliament, Ex Regist. Ca­mera Stellata. as he was in the Starre-Chamber, where by the Register of that Court it appeareth as well in debate of private causes, that toucheth neither life nor Member, as those of publique care, he every year of all his raign was often present.

Of Henry the eighth, memory hath not been curious, but if he were not of­ten present, peradventure, that may be the cause, which the learned Recorder Fleetwood, Ex Annalibus Fleetwood Re­cordat. Lon­don. in his preface to the Annalls of Edward the fifth, Richard the third, Henry the seventh, and Henry the eighth hath observed in the Statutes made in that Kings dayes, for which cause he hath severed their Index from the for­mer: And much lay in the will of Wol­sey, who ever was unwilling to let that King see with his own eyes.

Edward the sixth, Memorial. E. 6. propria man [...]. in respect of his young years may be vvell excused, but that such was his purpose it appears by a memorial of his own hand, vvho pro­portioning the affairs of Councell to se­veral persons, reserved those of greatest vveight to his own presence in these vvords. These to attend the matters of State, [Page 55] that I will sit with them once a week to hear the debating of things of most importance.

Unfitness by sex in his two succeed­ing sisters, to be so frequent present as their former Ancestors, led in the ill oc­casion of such opinion and practise.

Most excellent Majesty, your most humble servant in discharge of obedi­ence and zeal, hath hastned up this ab­stract, vvhich in all humility he offers up unto your gracious pardon. Presumption to enter the Closet of your Counsell is far from his modesty and duty, vvhat hath been your powerfull Command, he hath made his Work, vvhat is fit to be done vvith it, is only your divine judg­ment. He dares not say Presidents are vvarrants to direct; The success (is as vvorthy observation) as the knowledge of them, sometimes have made ill exam­ple by extension of Regal power, through ill Counsels vvith ill success. Some as bad or vvorse vvhen 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 follovv, vvere but to be in Love vvith 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 vvisdome, my vveak, but dutifull observations out [Page 56] of all the former gathering. In Consul­tations of State and decisions of private plaints, it is clear from all times, the King not only present to advise and hear but to determine also, in Cases Criminal, and not of Bloud, to bar the King a part vvere 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 vvish the one and other never more. To pro­ceed by publick Act of Commons, Peers, and King, vvas most usuall. Appeals are given by Lavv of Hen. 4. of this in novv debate, the vvay I fear, as yet ob­scure, as great advice to State is need­full for the manner, as for the Justice. The example in the cause of the Duke of Suffolke, 28 Hen. 6. vvhere the King gave judgement vvas protested against by the Lords. That of the Duke of Clarence of Edw. 4. vvhere the Lords and the high Stevvard the Duke of Buckingham gave judgement, vvas protested against by Commons, in both of these the King vvas sometimes present, but vvhich of those may suit these times I dare not guess.

That of Primo Rich. 2. of Gomeneys and Weston, accused by the Commons plaint for Treason, vvas tried by the Lords in absence of the King, but sentenced by [Page 57] the Lord Scroop, Stevvard for the King. The Accused vvere of the rank of the Accusers, Commons and not Lords: Hovv this vvill make a President to judg in causes Capital, a Peer of Parliament, I cannot tell. But if I should conceive a vvay ansvverable as well to Parliament as other Courts, if the King and the Lords vvere Tryers, and the Commons assenters to the judgment to hear toge­ther the Charge, and evidence; The Lords as doth the Jury in other Courts, to vvithdravv, to find the Verdict, and then the Stevvard, for the King, to pro­nounce the Sentence. It passeth so by vvay of Act and Course that carrieth vvith 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 vvhere zeal of duty hath made the fault, benignity of goodness vvill grant the Pardon.

A REMONSTRANCE OF THE TREATIES OF AMITY AND MARRIAGE Before time, and of late of the House of AVSTRIA and SPAIN, &c.

WE your Lords Spiritual and Temporal and the Commons of your Realm Assembled in this your Parliament, ha­ving received out of your meer grace, your Royal command, to declare unto your Highness our advice and Counsel, for the further continu­ing, or final breaking of the two Trea­ties between your Majesty, the Emperor, and the Spanish King touching the ren­dition of the Palatinate, to the due and former obedience of your Illustri­ous Son the Prince Palatine; and that [Page 94] of Marriage, between the Lady Mary Infant of Spain, and the most excellent Prince your Son, now Prince of Wales; We conceive it not unfit to offer up to your admired wisdom and consideration these important Motives that induced our subsequent advice and resoluti­on.

By contemplation whereof, we assume to our selves that your Majesty appa­rently seeing the infinite Calamity fal­len of late unto the Christian world, by means of these disguised Treaties of Amity, and Marriage before time, fre­quently used with your progenitors, and now lately with your self by the House of Austria, and Spain; to advance themselves to the Monarchy of Europe, will graciously be pleased to accept our humble advice.

Maximilian the Emperor, 1503. and Fer­dinand of Spain uniting by marriage the possessions of the House of Austria, the Netherlands, Arragon, Castile, Sci­ciliae, and their new discoveries, to one succeeding heir, began (though a far off) to see a way whereby their Grand­child Charls, might become the Master of the Western world, and therefore each endeavoured by addition of Ter­ritories, to facilitate that their desired end.

France was the only obstacle, whose ambition and power then was no less [Page 95] than theirs; he lay in their way for Gel­ders, by siding with Duke Charls; for Navarre, by protecting Albert their King, for their peeces in Italy, by confe­deration with the State of Venice; and for Naples and Millain by pretence of his own. They were too weak to work out their way by force, and therefore used that other of craft.

Lewis is offered for his daughter Claude the Marriage of Charls their Grandchild, it is at Bloys accepted, and to them confirmed by oath: the claim of France to Naples by this released one hundred thousand Crowns yearly, by way of recognition only to France re­served, who is besides to have the in­vesture of Millain for a sum of money, which the Cardinal D'amboyes, accord­ing to his Masters Covenant, saw dis­charged.

Ferdinand thus possessed of what he then desired, and Maximilian not mea­ning to strengthen France by addition of that Dutchy or repayment of the money, broke off that Treaty to which they were mutually sworn, affiancing Charls their Heir to Mary the Daughter of Henry the 7th; to whose son Arthur, 1056. Ferdinand had married Katharine his youngest daughter.

This double knot with England, made them more bold (as you see they did) to double with France: but he Prince [Page 96] of Wales his untimely death, and his fa­thers that shortly followed, enforced them to seek out, as they did, another tye, the Spirit and power of Lewis, and their provocations justly moving it: they make up a second Marriage for Katharine with Henry the eighth, Son of Henry the seventh; 1510. and are enforced to make a Bull dated a day after the Popes death to dispence with it; and consum­mate per verba de praesenti, by Commis­sioners at Callis, the former Nuptuals of Charles and Mary, publishing a Book in print of the benefit that should ac­crew to the Christian world by that Alliance.

Henry the eighth left by his father young and rich, is put on by Ferdinand to begin his right to France by the way of Guyen; 1512. and to send his forces into Spain, as he did, under the Marquess Dorset, to joyn with his Father in Law for that design, by reputation whereof Albert of Navarre was enforced to quit that State to Spain; who intended as it proved, no further use of the English Army than to keep off the French King from assisting Albert, until he had pos­sessed himself of that part of Navarre, which his successors ever since retain. For, that work ended, the English For­ces were returned home in Winter, nothing having advanced their Masters service.

[Page 97] The next year to assure Henry the eighth, 1513 grown diffident by the last carri­age of Maximilian and Ferdinand, whose only meaning was to lie busying of the French King at home, to make an easie way abroad to their former ends, project to the English King an enterprise for France, to which they assured their assi­stance, by mutuall confederacy at Meck­lin; for which Bernard de Mesa, and Lew­is de Carror, for Castile and Arragon, and the Emperor in person gave oath, who undertook, as he did, to accompany Henry the eighth to Turwyn.

Ferdinand in the mean time dispatch­ing the Vice-roy of Naples into Italy, to busie the French King and Venetian, that the English King with facility might pursue the conquest of France.

Henry the eighth had no sooner di­stressed the French King, but Ferdinand, respecting more his profit than his faith, closed with Lewis, who renounced the protection of Navarre and Gelders, so bee and Maximilian would forsake the tye they had made with Henry the eighth.

The Vice-Roy of Naples is instantly recalled from Bressa; a true with Spain and France concluded; Quintean sent to the Emperor to joyn in it; Don John de Manuel, 1514 and Diego de Castro imployed to work the Emperor, and Charles the Grandchild to exchange the marriage of [Page 98] Mary, Henry the eighths Sister, with Reve the second daughter of the French King: and Lewis himself to take Ela­nor their Neece to wife: and to clear all dispute about the conditions, a blanck is sent from Spain to the French King to over-write what he please.

Henry the eighth perceiving this close and foul play, entertaineth an overture made by the Duke de Longavil then pri­soner in England, for a Marriage of Ma­ry his Sister with the French King, which effected, the two subtile Princes failed of their ends.

Lewis dead, 1515 and Francis succeeding, he made his first entrance a league with England, the recovery of Millane which he did, the protection of his neighbours, and reduction of the Swisses from the Imperial side, for which he im­ployed to them the bastard of Savoy.

Maximilian and Ferdinand seeing by this all their new purchases in danger, and that they had now no disguised mar­riage again to entertain the credulity of Henry the eighth, they work upon his youth and honour. The Emperor will needs to him resign his Emperial Crown; as wearied with the weight of Govern­ment and distraction of Europe, which needed a more active man then his old age, to defend the Liberty of Subjects, and Majesty of Princes from the Tyran­ny of France.

[Page 99] That he had made the way already for him with the Electors; that he would send the Cardinall Sedunensis, with ample commission into England to conclude the resignation, which was done. That at Aquisgrave he will meet Henry the eighth, and there give up his first Crown, from thence accompany him to Rome, where he should receive the last right of the Imperiall dignity, putting Verona into his protection, then assailed by the Venetians; and giving him the in­vestiture of Millane in feodo, more Imperi­ali, then in possession of the French, to tye his aid the faster against these States.

Hereupon Henry the eighth conclu­ded a defensive league with the Bishop of Mesa and Count Daciana, authorised Commissioners from the Emperor, Ar­ragon, Castile, and sendeth his Secretary Master Pace with money, for Maximili­an had already borrowed and broken to entertain the Swissers into pay and con­federacy against France.

Charles the Grandchild must feign a difficulty to sway his League, untill the Emperor at Henry the eighths cost, was fetched from Germany to the Netherlands to work his Nephew to it, who in the interim had closely contracted a peace by the Grandfathers consent with France. No sooner had Maximilian re­ceived ten thousand Florins of the En­glish King to bear his charge, but the [Page 100] Treaty of Noyon, was closely between him; Arragon and Castile concluded, whereby the ten thousand Crowns for recognition of Naples was passd from France to the Emperor, and Charles him­self affianced to Loysia the French Kings daughter, and also darkly carried, that when Master Pace at Agno came down from the Emperor with his Signature of the confederacy, the French Kings Am­bassador went up the back Stairs, with six thousand Florins, and the transaction of the Pension of Naples to Maximilian, and there received his confirmation of the Treaty at Novon; notwithstanding the same day the Emperor looking upon his George and Garter, wished to Wing­field, Henry the eighths Ambassador, that the thoughts of his heart were transpa­rent to his Master.

So displeasing was this foul play to the Cardinall Sedunensis, the Emperors chief Counsellor, that he writ contra per­fidiam Principum, against the falshood of his own Lord, a bitter Letter to the En­glish King; who finding again how his youth and facility was overwrought by these two old and subtill Princes, his vast expences lost, his hopes of France lesned, and that of the Emperor vanished (for Maximilian is now conferring the Title of Rex Romanorum to one of his Nephues) concludeth, 1518 by mediation of the Admiral of France, a peace with that King; [Page 101] a marriage for the Dolphin Francis with the Lady Mary, and the re-delivery of Tournay, for a large Summe of Mo­ney.

Not long after Maximilian dieth, lea­ving the Imperial Crown in Competiti­on of France and Castile. Charles, whose desire was, as his Ancestors, to weave that vvreath for ever into the Austrian Family, began to fear the power of his corrivall, vvith vvhom the Pope then si­ded, and the English King stood assured by the late marriage of their two Chil­dren. To draw off the Pope he knew it vvas impossible, he vvas all French. To vvork in Henry the eighth, he found the inconstancy of his predecessors, and the new match to lie in the vvay. To clear the one, he is fain, in his Letters into England, 1519 to load his two Grandfathers vvith all the former aspertions, his years, and duty, then tying him more to obedi­ence then truth: but that he vvas a man, and himself now; that mutuall danger vvould give assurance, vvhere otherwise single faith might be mistrusted; France vvas in it self, by addition of Britany, more potent than ever, this man had re­joyned to it some important pieces in Italy, and should his greatness grow lar­ger up by accession of the Imperiall Crown, how easie vvere it to effect in­deed what he had fashioned in Fancy, the Monarchy of Europe. As for the young [Page 102] Lady, who was like to lose her husband if Henry the eighth incline to this Coun­sell, and assist Castile in pursute of the Emperor; he was contented (for Loisia of France, espoused to him by the Treaty at Noyon, was now dead) to make up the loss of the Lady Mary by his own Mar­riage with her; a match fitter in years, for the Dolphin was an infant, as great in dignity; for he was a King, and might by the assistance of her father be greater in being Emperor.

Thus was Henry the eighth by fears and hopes turned about again, 1519 and Pa­cy forthwith sent to the Electors with instructions & money, who so wrought that Charles was in July chosen Emperor: and that it was by the sole work of Hen­ry the eighth, himself by Letters under his hand acknowledged. From Aquis­grave, he commeth Crowned the next year for England, 1522 weddeth at Winsor the Lady Mary; concludeth by league the invasion of France, and to divide it with Henry the eighth by the River of Rodon, making oath at the high Altar at Pauls for performance of both those Treaties.

Hereupon France is entred by the Eng [...]ish army, and Burbon wrought from his Allegiance by a disguised promise of this Emperor of Elianor his Sister for wife, to raise forces against his Master, which he did, but was paid by the English King.

[Page 103] The French King to carry the wars from his own doors, 1524 maketh towards Milan; 1525 whereby Burbon and his forces were drawn out of Province to guard the Imperialls in Italy.

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 Burgundy, and many portions in the Netherlands; leaving Henry the eighth who had born the greatest charge of all that Warre, not only there unsaved, but calling a Parliament at Toledo, taketh by assign­ment of his States, Isabella of Portugall to wife, procuring from Pope Clement a Bull to absolve him of his former oaths and Marriage, working not long after by Ferdinandus his Chaplain, the Earl of Desmond to Rebell in Ireland, and James the fifth of Scotland, by promise of Mar­riage with his Neece the daughter of Denmarke; 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 of Burbon, and after Hugo de Mon­sado to surprise Rome and the Pope; sending Angelo an observant Frier thither, whom he had assigned to [Page 104] the Papall Throne, intending to reduce the choise of the See from the Cardinals again, to the Empire, and there to set up a first Monarchy.

But his design by a needfull confede­racy, as now of the Pope, French King, Princes of Italy and others, vvith Henry the eighth, vvho vvas made Caput faedoris, vvas 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, 1529 and many pieces of that Crown he had vvrested avvay by the Treaty of Madrid, and to sit dovvn vvith moderate and fair con­ditions against his vvill.

His vvaking Ambition vvould not long let him rest, but again he plotteth to break the knot betvveen the French and English Kings.

To vvork this, he assureth, by con­tract, his assistance in furtherance of Henry the eighths Title to France; and to make the greater belief, offereth a marriage to the Lady Mary, so she might be declared again Legitimate.

Henry the eighth accordeth vvith him, and advanceth his Army into France, vvhere he had no sooner recovered Bul­leyn, but the Emperor catching advantage on the French Kings necessities, falleth off from his former faith and promise, making up a peace perpetuall vvith [Page 105] France, 14 Septemb. 154 [...] vvhereby all claim from the Crovvn of Arragon, Naples, Flanders, Arras, Gelders, and other parts vvas released, and mutuall con­federation for restitution of the Catholick Religion concluded be­tvvixt them both.

Edward the sixth succeeding his Fa­ther forbears all Treaties vvith Spain, but those of intercourse, persisting as formerly in union vvith the Princes of Germany, and his other Allies, preventing those expences and dangers, vvhich his Fathers belief and confidence of Spain had tasted of before.

His Sister and Successor Mary, 1558 en­tertaining that fatall Amity vvith the Emperour and his sonne, by Marri­age, embarqued her Estate in a dangerous vvarre, vvhereby the Realm vvas much impoverished, and Callice lost.

Her Sister of happy memory succeeding made up that breach, by that three-fold Treaty at Cambray, 1558. Where King Philip as bound in honour, stood bound for aid in Recovery of Calice; But his ovvn ends by that Convocation served, he left her after to vvork 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 seigned pre­tence of Marriage, vvrought, by Caraf­fa▪ [Page 106] and his Faction of other Cardinalls, a stay of the Popes Declaration against the Queen of England, more his own fears, than his love procuring it.

Yet the Princely disposition of this Noble Lady, taking those pretences for reall favours, was not wanting both with her Counsell 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, 1578▪ for reducti­on of those Provinces to his obedience, one hundred and fifty thousand pounds. 150000 li.

But when she found his aim to be the violating of their ancient liberties, and in it saw her own danger involved; her Counsell 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 Carlo Lan­franco, 1587 and the Prince of Parma, a Propo­sition of Peace; graced with as many Ar­guments of honest meaning, as his Pro­genitors had used to her Father, which she accepted, but not without a prudent suspition. For when the Treaty was in height, the brought his invincible Navy to invade the Realm, the success whereof was answerable to his Faith and Honor, She left not that injury without Re­venge, [Page 107] but forced him in his after Raign, to that extremity, that he was driven to break all faith with those Princes that trusted him; 1597 25000 Mill. of Crowns. and paid for one years In­terest, about twenty five thousand Mil­lions of Crowns.

So lovv and desperate in Fortunes your Highness found him, King James, 1603 when to all our comforts you took this Crown; Then from the abundant goodness of your peaceable Nature, you were plea­sed to begin your happy Raign with ge­neral quiet, 16 [...] and with Spain the first, which should have wrought in noble Natures a more gratefull Recompence than after followed: 1606▪ For long it was not before Tyrone was heartned to rebell against your Highness, and flying, had pension at Rome, paid him from the Spa­nish Agent. His son Odonell Tirconell, and others your chiefest Rebells, 1612 retained ever since in Grace and Pay with the Arch-dutchess, at Spains devotion.

As soon as your eldest Son of holy memory now with God, was fit for marriage, they began these old disgui­ses, by which before they had thriven so well, &c.

The Manner and Means how the KINGS OF ENGLAND Have from time to time SVPPORTED AND REPAIRED THEIR ESTATES.

THe Kings of England have supported and repaired their Estates,

First, by an Annual pro­portioning their Issues, and Expences, with their certain and Casu­al Revenues.

And that either by

• Advice of their PRIVIE COVNCEL, or
• by PARLIAMENT▪

[Page 164] Secondly, by abating and reforming the Excess of houshold, &c.

Thirdly, by raising of Money, and im­proving the Revenues of the Crown.

First, for proportioning of the Issues, &c.

Henry 4. Anno 12. When the Revenue and profits of the Kingdome, Hen. 4. Ex rot. orig. interacta Concil. Hen. 4. together with the Subsidy of Wool, and Tenth of the C lLergie, amounted to no more then 48000l. of which 24000 marks were a­lotted for expence of House; most of the rest to the Guard of the Sea, and defence of this Kingdome, the Realme of Ireland, and Dominions in France: In this esti­mate the profits by Wards and Marriage, was but 1000 l. And then an Ordinance was made by the King, Prince, and all His Counsel there named in the Roll.

The like was Anno 11. when for the charge of house was appointed 16000 l. and 7000l. to the City of London, in dis­charge of the Kings debt to them.

Henry 5, Hen. 5. Ex rot. in a­ctis Council. anno 2. Hen. 5. in Fin. Anno 2. did the like as his Fa­ther, entring upon the Roll as an Ordi­nance in future, that the Treasurer of England, or the Exchequer shall Annually make declaration of the state of their Of­fice, and the Revenue of the Realme, to­gether with the charge of the Kings House, Chamber, Wardrobe, Garrisons, Navy, and Debts.

Anno 3. Henry 5. the like Assignments [Page 165] were made proportionable to the Reve­nue which in the great Custome of Woolls, Ex rot. orig. an. 3 Hen. 5. the petty Custome, Tunnage and Pound­age, revenue of Wales, and the Dutchie of Cornwall, the Hamper, the accounts of Sheriffs, Escheators, the Exchange of Bulli­on, and the benefit of Wards and Marriage (then rated at but one thousand marks a­piece) rose not to above 56966. l. And being at such time as he undertook the Conquest of France.

Anno 9. Ex ordinat. anno 9. Hen. 5. Henry 5. the revenue of the Kingdome amounting to 55743. l. 10. s. 10. d. was so by the King with advise of his Counsel ordered, as before.

And by this Record it appeareth, that that Clerks of the Navy, and not the Trea­surer was the Officer only for that place.

Henry 6. anno. 12. in Parliament, Hen. 6. Ex rot. Par. anno 12. Hen. 6. n. 24. Cromwell then Treasurer, delivering up an Account of the Exitus and introitus of the Exche­quer, setled the Estate of his expence, of which there was allowed for his house 16978. l. and to his Chamber and Ward­robe 2000 l. The rest to defray the debts and necessary occasions of the State.

Queen Elizabeth anno 12. Queen Eliza. At which time besides the Wards and Dutchy of Lancaster the profit of the Kingdome was 188197. Ex comp. Din Burghley Thesaur. l. 4. s. the payments and assignments 110612. l. 13. s. of which the Houshold was 40000. l. privy Purse 2000.l. Admi­ralty 30000. l. which by an estimate 1. May, anno 1604. was 40000. l. And is now [Page 166] swolne to near 50000l. yearly by the errour and abuse of Officers.

SEcondly, by abating and reforming the Excess,

1. Of Houshold.

2. Of Retinue and Favorites.

3. Of Gifts and Rewards.

First, for abating and reforming the Ex­cess of Houshold, either, by

• Parliament or
• Councel Table.

THE DANGER Wherein this Kingdome now stan­deth, and the REMEDIE.

AS soon as the house of Au­stria had incorporated it self into the house of Spain, and by their new Discove­ries gotten to themselves the Wealth of the Indies; they began to affect, and have ever since pursued a fifth Monarchy.

The Emperour Charles would first have laid the foundation thereof in Italy, by surprizing Rome. But from this he was thrust by the force and respect of Religion, Henry the 8. being made Caput foederis a­gainst him.

He then attempted it in High-Germany, Practising (by faction and Force) to reduce those petty States to his absolute power. In this Henry the 8. again pre­vented him, by tying the Lutber an Princes under his confederacy and assistance.

His Son, the second Philip, pursued the same Ambition in the Nether Germany, [Page 310] by reduction whereof he intended to make his way further into the other. This the late Queen of England interrupted, by siding with the afflicted people on the one part, and making her self Head of the Protestant League with the Princes on the other side; drawing in, as a secret of State, the Countenance of France, to give the more reputation and assistance to them, and security to it self,

Spain seeing his hopes thus fruitless by these Unions and sleights, began first, to break (if he might) the Amity of France and England: But finding the common danger to be as fast a Tye, he raiseth up a party in that Kingdome of his own, by the which the French King was so distressed, that had not the English Councel and Assi­stance relieved him, Spain had there re­moved that next and greatest obstacle of his ambition.

His Councel now tells him, from these examples, that the way to his great work is impassible so long as England lies a let in­to his way; and adviseth him, that the remove of that obstacle be the first of his intents. This drew on those often secret practices against the person of the late Queen, and his open fury in 88. against the Body of the State: For which she (fol­lowing the advice of a free Councell) will never after admit of Peace, winning there­by the hearts of a loving people, who e­ver found hands and money for all occasi­ons [Page 311] at home, and keeping sacredly her Alliances abroad, secured her confederates, all her time, in freedome from fear of Spanish slavery; And so ended her old and happy dayes in great Glory.

Spain then, by the Wisdome and power of that great Lady, dispoiled so of his means to hurt, though not of his desire, makes up, with her peaceful Successor of happy memory, the Golden League, that (dis­arming us at home by opinion of Securi­ty, and giving them a power in our Coun­cel by believing their friendship and pre­tended marriage) gave them way to che­rish amongst us a party of their own, and (bereaft of power abroad) to lead in jea­lousie, and sow a division between us and our confederates; by which (we see) they have swallowed up the fortune of our Master's brother, with the rest of the Imperial States, distressed the King of Denmark by that quarrell, diverted Sweden's Assistance by the wars with the Pole, and moving of him now with the offer of the Danish) Crown: And now (whether from the Plot, or our Fatality) it hath cast such a bone between France and us, as hath gotten themselves (by our quarrel of Religion) a fast confederate, and us a dangerous enemy: So that now we are left no other Assurance against their Ma­lice and ambition, but the Nether-lands; where the Tye of mutual safety is weak'ned by dayly discontents bred and fed between [Page 312] us from some ill-affected to both our Secu­rities; that from the doubtfulness of friendship as now we stand. we may ra­ther expect from our own domestick facti­on, if they grow too furious, they will rather follow the example of Rome in her growing; that held it equally safe, honou­rable, and more easie, dare Rege [...], th [...] sub [...]ugare Provincian; considering the po [...] ­er they have their hands, then to gi [...]e any friendly Assistance to serve the present condition of our State. You may see therefore in what terms we stand abroad; and I fear me, at home, for resistance in no better State.

There must be, to withstand a Forreign invasion, a proportion both of Sea and Land­forces; for to give an enemy an easie pas­sage, and a port to relieve him in, is no less then to hazard all at one stake. And it is to be considered, that no march by land, can be of that speed, to make head against the landing of an enemy, nor no such prevention as to be Mr. of the Sea. To this point of necessary defence, there can be no less then 240000. l.

For the land-forces; If it were for an jOffensive war, the men of less liveli­hood were the best spared, and were used formerly to make such war, purgamento Reipublicae, if we made no further purchase by it. But for safety of a Common-wealth, the Wisdom of all times, did never interest the publick cause to any other then such [Page 313] as had a portion in the publick adventure. And that we saw in 88. when the ear of the Queen and Councel did make the body of that large Army, no other then of trained bands, which with the Auxiliaries of the whole Realm, amounted to no less then 24000.men. Neither were any of those drawn out from forth their Countries, and proper habitations before the end of May, that there might be no long aggrievance to the publick; such discon­tentments being ever to us a more fatal Ene­my then any Forreign force.

The careful distribution and direction of the Sea and Land-forces, being more fitting for a Councel of War, then a private Man to advise of, I pass over; yet shall ever be willing and ready (when I shall be called) humbly to offer up such observations, as I have formerly gathered by the former like occasions of this Realm.

To make up this preparation, there are requisite two things: Money & affections; for they cannot be properly severed. It was well & wisely said, by that great and grave Councellor the Lord Burleigh in the like case to the late Queen: Win hearts, & you may have their hands & purses; And I find of late, that diffidence having been a defect in the one, it hath unhappily produced the other.

In gathering then of money for this present need, there are required three things: Speed, Assurance, and Satisfaction. And the way to gather (as others in the like cases have done) must be by that path, which hath been for­merly [Page 314] called Via Regia, being more secure & speedy: For, by unknown and untroden ways, it is both rough & tedious, & seldom succeedeth well This. last way, although it took place as it were by a supply at first, and received no general denyal; yet since it hath drawn many to consider with themselves and others of the Consequence, and is now conceived a pressure on their liberties and against Law, I much fear, if now again it be offered, either in the same face, or by Privy Seal, it will be refused wholly. Neither find I that the restraint of those Recusants hath produced any o­ther effect then a stiff resolution in them and others to forbear. Besides, though it went at the first with some assurance; yet when we consider the Commissions and other forms incident to such like services, as that how long it hangs in hand, and how many delays there were, we may easily see, that such a sum by Parliament granted, is far sooner and more easily gathered.

If any will make the successes of times to produce an inevitable necessity to enforce it levied (whether in general) by excise, or imposition, or in particular upon some select persons (which is the custom of some Countreys) and so conclude it (as there) for the publick State, Suprema lege) he must look for this to be told him: That seeing necessity must conclude always to gather money, as less speedy or assured then that so practised (which cannot be fitter then by [Page 315] Parliament) the success attendeth the hu­mors of the heedless multitude, that are full of jealousie and distrust; and so unlike to comply to any unusual course of Levy, but by force: which if used, the effect is fearful, and hath been fatal to the State; whereas that by Parliament resteth prin­cipally on the regal person, who may with ease and safety mould them to his fit desire, by a gracious yielding to their just Petitions.

If a Parliament then be the most speedy, assured, and safe way; it is fit to conceive, what is the safest way to act and work it to the present need.

First, for the time of the usual Sum­mons, reputed to be 40. days, to be too large for the present necessity; it may be by dating the Writ lessened; since it is no positive law; so that a care be had that there may be one County day, after the Sheriff hath received the Writ before the time of sitting.

If then the sum to be levyed be once agreed of, for the time there may be in the body of the Grant an Assignment made to the Knights of every County respectively, who (under such Assurance) may safely give Security proportionable to the Receipts, to such as shall in present advance to the Pub­lick service any sums of money.

The last and weightiest consideration (if a Parliament be thought fit) is, how to remove or comply the differences between the King and [Page 316] Subject in their mutual demands. And what I have learned amongst the better sort of the Multitude, I will freely declare; that your Lordships may be the more enabled to remove and answer those distrusts, that either concern Religion, Publick safety of the King and State, or the just liberties of the Common-Wealth.

For Religion ( a matter that they lay nearest to their conscience) they are led by this gro [...]d of jealousie to doubt some practise against it.

First, for that the Spanish match, which was broken by the grateful Industry of my Lord of Bucking▪ out of his Religious care (as he there declares) that the Articles there demanded might lead in some such sufferance as might en­danger the quiet, if not the State of the refor­med Religion here: Yet there have (when he was an Actor principal in the Conditions with France) as hard, if not worse (to the preservati­on of our Religion) passed then those with Spain. And the suspect is strengthened by the close kee­ping of this Agreement in that point there con­cluded.

It is no less an Argument of doubt to them of his Affections, in that his Mother end others, many of his Ministers of neer imployment a­bout him, are so affected.

They talk much of his advancing men Pa­pistically devoted; some placed in the camp, of nearest service and chief Command: And that the Recusants have gotten, these late years, by his power, more of courage and assurance then before. If to clear these doubts (which perhaps are worse in fancy then in [Page 317] truth) he took a good course, it might much advance the Publick service, against those squeymish humors that have more violent passi­on then setled judgment; & are not the least of the opposite number in the Common-Wealth.

The next is, The late misfortunes and losses of Men, Munition, and honour in our late Vn­dertakings abroad: Which the more temperate spirits impute to want of Councel, and the more sublime wits to practise.

They begin with the Palatinate, and by the fault of the loss there, on the improved credit of Gondomar, distrusting him for the staying of supplyes to Sir Horace Vere, when Colonell Cecill was cast on that imployment, by which the King of Spain became Master of the King's Children's Inheritance.

And when Count-Mansfield had a Royal Supply of Forces, to assist the Princes of our part, for the Recovery thereof: either plot or error defeated the Enterprize from Us, to Spains great advantage.

That Sir Robert Mansfield's expedition to Algiers, should purchase only the security and guard of the Spanish Coasts. To spend so many hundred thousand pounds in the Cales Voyage, against the advice of Par­liament, onely to warn the King of Spain to be in a readiness, & so to weaken our selves, is taken for such a sign of ill affection to him, amongst the multitude.

The spending of so much Munition, Victu­als, and Money in my Lord Willoughbie's journey, is conceived,an Vnthrifty Error in [Page 318] the Director of it to disarm our selves in fruitless Voyages, nay, to some ( over-curious) seems a plot of danger, to turn the quarrel of Spain (our antient enemy) that the Parliament petitioned and gave supply to support, upon our Ally of France: and soon after, a new & happy Tye gave much talk that we were not so doubtful of Spain as many wish; since it was held, not long ago, a fundamental Rule of Their security and Our's, by the old Lord Treasurer Burleigh: That nothing can prevent the Spanish Monarchy, but a fastness of the two Princes, whose Amity gave coun­tenance and courage to the Netherlands and German Princes to make head against his Ambition. And we see, by this dis-union a fearful defeat hath happened to Denmark and that party, to the great advantage of the Austrian Family.

And thus far of the Waste of publick Trea­sure in fruitless Expeditions: An impor­tant cause to hinder any new supply in Par­liament. Another fear that may disturb the smooth and speedy passage of the King's de­sires in Parliament, is the late waste of the Kind's Lively-hood; Whereby is like (as in former times) to arise this Jealousie & fear: That when he hath not of his own to support his ordinary charge (for which the Lands of the Crown were setled unalterable, and called Sa­crum Patrimonium Principis) that then he must of necessity rest on those Assistances of the peo­ple which ever were only collected & consigned for the Common-Wealth. From hence is is like, [Page 319] there will be no great labour or stiffness to in­duce his Majesty to an act of Resumption; since such desires of the State have found an easie way in the will of all the Princes from the third Henry to the last. But that which is like to pass deeper into their disputes and care, is the late pressures they suppose to have been done upon the publick libertie and freedom of the Subject, in commanding their Goods without assent by Parliament, confining their persons without especial cause declared; and that made good against them by the Judges lately; and pretending a Writ to command their attendance in a Forreign War: All which they are likely to enforce, as repugnant to many positive laws, and Customary Immunities of this Common-Wealth.

And these dangerous distrusts, to the people are not a little improved by this un-exemplified course (as they conceive) of retaining an Inland Army in Winter­season, when former times of greatest fear, as 88. produced no such; and makes them (in their distracted fears) to conjecture (idly) it was raised wholly to subvert their fortunes to the will of power, more then of Law; and so make good some fur­ther breaches upon their liberties and free­doms at home, rather then defend us from any force abroad.

How far such jealousies, if they meet with an unusual disorder of lawless Soul­diers, or an apt distemper of the loose and [Page 320] needy multitude, which will easily turn away upon any occasion in the State that they can side withal, to a glorious pretence of Religion and publick safety, when their true intent will be onely Rapine of the rich, and ruine of all, is worthy a provident and preventing care.

I have thus far delivered (with that free­dom you pleased to admit) such difficulties as I have taken up amongst the multitude, as may arrest, if not remove Impediments to any speedy supply in Parliament at this time. Which how to facilitate, may better become the care of your Lordships Judgments, then my Ignorance. Only I could wish,that to re­move away a personal distaste of my Lord of Buckingham amongst the People, he might be pleased (if there be a necessity of Parliament) to appear a first Adviser thereunto: & what satis­faction it shall please his Majesty, of grace, to give at such time to his people (which I wish to be grounded by President of his best and most for­tunate Progenitors, & which I conceive will largly satisfy the desires & hopes of all) If it may appear in some sort to be drawn down from him to the People, by the zealous care & industry that my L. of Buck hath of the publick unity & con­tent; by which there is no doubt that he may re­main, not only secure from any further quarrel with them, but merrit an happy memory amongst them of a zealous Patriot. For to expiate the pas­sion of the people at such a time with sacrifice of any his Majesties Servants, I have ever found it (as in E. the 2. R. the 2. and H. 6.) no less fa­tal to the Master, then the Minister in the end.