A treatise, shewing that the soveraignes person is required in the great councells or assemblies of the state, as well at the consultations as at the conclusions written by Sir Charles Cotton.
         Cotton, Robert, Sir, 1571-1631.
      
       
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             A treatise, shewing that the soveraignes person is required in the great councells or assemblies of the state, as well at the consultations as at the conclusions written by Sir Charles Cotton.
             Cotton, Robert, Sir, 1571-1631.
          
           [2], 14 p.
           
             s.n.],
             [London :
             1641.
          
           
             Caption title: The Right VVorshipfull Sir Robert Cotton, knight and baronet, his speech in Parliament.
             Filmed also in James Howell, Cottoni posthuma, 1651.
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
         eng
      
       
         
           Prerogative, Royal -- Great Britain.
           Great Britain -- Politics and government -- 1603-1714.
        
      
    
       A34726  R15895  (Wing C6503).  civilwar no A treatise, shewing that the soveraignes person is required in the great councells or assemblies of the state, as well at the consultations Cotton, Robert, Sir 1641    3757 6 0 0 0 0 0 16 C  The  rate of 16 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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           A
           TREATISE
           ,
           Shewing
           That
           the
           Soveraignes
           Person
           is
           required
           in
           the
           great
           Councells
           or
           Assemblies
           of
           the
           State
           ,
           as
           well
           at
           the
           Consultations
           as
           at
           the
           Conclusions
           .
        
         
           
             Written
             by
             Sir
          
           ROBERT
           COTTON
           ,
           
             Knight
             and
             Baronet
             .
          
        
         
           
             IN
             DOMINO
             CONFIDO
          
           printer's or publisher's device
        
         
           Printed
           in
           the
           Yeare
           1641.
           
        
      
    
     
       
       
       
         
           The
           right
           VVorshipfull
           Sir
           ROBERT
           COTTON
           ,
           Knight
           and
           Baronnet
           his
           Speech
           in
           Parlament
           .
        
         
           
             That
             the
             Soveraignes
             person
             is
             required
             in
             the
             great
             Councells
             or
             Assemblies
             of
             the
             State
             ,
             as
             well
             at
             the
             Consultations
             ,
             as
             at
             the
             Conclusions
             .
          
        
         
           SInce
           of
           these
           Assemblies
           few
           Dieries
           or
           exact
           Journall
           Books
           are
           remaining
           ,
           and
           those
           but
           of
           late
           ,
           and
           negligently
           entred
           the
           Acts
           and
           Ordinances
           only
           reported
           to
           posteritie
           are
           the
           Rolls
           .
        
         
           This
           Question
           (
           though
           cleare
           )
           in
           generall
           
           reason
           and
           conveniencie
           must
           be
           wrought
           
             out
             of
             ,
          
           for
           the
           particular
           out
           of
           such
           incident
           proofes
           ,
           as
           the
           Monument
           of
           Storie
           and
           Records
           by
           pieces
           learne
           us
           .
           And
           to
           deduce
           it
           the
           clearer
           downe
           ,
           some
           essentiall
           circumstances
           of
           Name
           ,
           Time
           ,
           Place
           ,
           occasion
           ,
           and
           Persons
           must
           be
           in
           generall
           shortly
           touched
           before
           the
           force
           of
           particular
           proofes
           be
           layd
           downe
           .
        
         
           This
           noble
           body
           of
           the
           State
           (
           now
           called
           the
           houses
           in
           Parliament
           )
           is
           knowne
           in
           severall
           ages
           by
           severall
           names
           .
        
         
           
             Concilia
             ,
          
           the
           Councells
           in
           the
           Eldest
           times
           ,
           afterwards
           
           
             Magnum
             ,
             commune
             et
             generale
             Concilium
             ,
             Curia
             magna
             Capitalis
             et
             curia
             Regis
             :
          
           Sometimes
           
             Generale
             placitum
             ,
          
           and
           sometimes
           
           
             Synodus
             ,
          
           and
           
             Synodalia
             decreta
             ,
          
           although
           as
           well
           
           the
           causes
           of
           the
           Common
           wealth
           as
           Church
           
           were
           there
           decided
           .
        
         
           The
           name
           of
           Parlament
           (
           except
           in
           the
           Abbots
           Chapters
           )
           was
           never
           heard
           of
           unto
           the
           reigne
           
           of
           King
           
             Iohn
             ,
          
           and
           then
           but
           rarely
           .
        
         
           At
           the
           Kings
           Court
           were
           these
           Conventions
           
           usually
           ,
           and
           the
           Presence
           ,
           Privie
           Chamber
           ,
           and
           other
           room
           convenient
           for
           the
           Kings
           in
           former
           times
           ,
           (
           as
           now
           )
           then
           used
           :
           For
           what
           is
           the
           present
           house
           of
           Lords
           ,
           but
           so
           at
           this
           day
           ?
           and
           was
           before
           the
           firing
           of
           the
           Palace
           at
           
             Westminster
          
           about
           
           17.
           
             H.
          
           8.
           who
           then
           and
           there
           resided
           .
        
         
           Improbable
           it
           is
           to
           beleeve
           the
           King
           excluded
           his
           owne
           privie
           ,
           and
           unmannerly
           it
           is
           for
           guests
           to
           barre
           him
           their
           companie
           ,
           who
           gave
           to
           them
           their
           entertainment
           .
        
         
         
           It
           was
           now
           at
           first
           (
           as
           now
           )
           
             Edicto
             Principis
             ,
          
           
           at
           the
           Kings
           pleasure
           .
        
         
           Towards
           the
           end
           of
           the
           Saxon
           ,
           and
           in
           the
           
           first
           time
           of
           the
           Norman
           Kings
           it
           stood
           in
           Custome-Grace
           ,
           to
           Easter
           ,
           Whitsuntide
           ,
           and
           Christmas
           fixed
           :
           the
           Bishops
           ,
           Earles
           ,
           and
           Lords
           
             (
             ex
             more
             )
          
           then
           assembled
           :
           So
           are
           the
           frequent
           
           words
           in
           all
           the
           Annalls
           :
           The
           King
           of
           course
           revested
           with
           his
           Imperiall
           Crowne
           by
           the
           Bishops
           ,
           and
           the
           Peeres
           assembling
           ,
           in
           Recognition
           
           of
           their
           preobliged
           faith
           and
           present
           dutie
           and
           service
           ;
           untill
           the
           unsafe
           time
           of
           King
           
             Iohn
          
           (
           by
           over-potent
           and
           popular
           Lords
           )
           gave
           discontinuance
           to
           this
           constant
           grace
           of
           Kings
           ,
           and
           then
           it
           returned
           to
           the
           uncertaine
           pleasure
           of
           the
           Soveraigne
           Summons
           .
        
         
           The
           causes
           then
           (
           as
           now
           )
           of
           such
           assemblies
           ,
           
           were
           provision
           for
           the
           support
           of
           the
           State
           in
           Men
           and
           Money
           ,
           &
           well
           ordering
           of
           the
           Church
           
           and
           Common-wealth
           ,
           and
           determining
           of
           such
           
           causes
           ,
           which
           ordinarie
           Courts
           
             nesciebant
             iudicare
             ,
          
           (
           as
           
             Glanvill
          
           the
           grand
           Iudge
           under
           
             H.
          
           2.
           
           saith
           )
           Where
           the
           presence
           of
           the
           King
           was
           still
           required
           ,
           it
           being
           otherwise
           absurd
           to
           make
           the
           King
           assentor
           to
           the
           judgements
           of
           Parliament
           ,
           and
           afford
           him
           no
           part
           of
           the
           Consultation
           .
        
         
           The
           necessitie
           hereof
           is
           well
           and
           fully
           deduced
           unto
           us
           in
           a
           reverend
           Monument
           not
           farre
           from
           that
           grave
           Mans
           time
           ,
           in
           these
           words
           ,
           
             Rex
             tenetur
             omnimodo
             personalitèr
             interesse
             Parliamento
             ,
          
           
           
             nisi
             per
             corporalem
             aegritudinem
             detineatur
             ,
          
           
           and
           then
           to
           acquaint
           the
           Parliament
           of
           such
           occasion
           by
           severall
           Members
           of
           either
           House
           .
           
             Causa
             est
             quòd
             solebat
             clamor
             et
             rumor
             esse
             pro
             absentiâ
             Regis
             ,
             quia
             res
             damnosa
             &
             periculosa
             est
             est
             toti
             Communitati
             ,
             Parliamento
             ,
             &
             Regno
             ,
             cum
             Rex
             a
             Parliamento
             absens
             fuerit
             :
             Nec
             se
             absentare
             debet
             ,
             nec
             potest
             ,
             nisi
             duntaxat
             in
             causâ
             supradictâ
             .
          
        
         
           By
           this
           appears
           the
           desire
           of
           the
           state
           to
           have
           the
           Kings
           presence
           in
           these
           great
           Councells
           by
           expresse
           necessitie
           .
        
         
           I
           will
           now
           endeavour
           to
           lead
           the
           practise
           of
           it
           from
           the
           darke
           and
           eldest
           times
           to
           these
           no
           lesse
           neglected
           of
           ours
           .
        
         
           From
           the
           yeare
           720.
           to
           neare
           920.
           during
           all
           the
           Heptarchy
           ,
           in
           all
           the
           Councell
           remaining
           
           composed
           
             ex
             Episcopis
             ,
             Abbatibus
             ,
             Ducibus
             ,
             Satrapis
             ,
             et
             omni
             dignitate
             optimatibus
             ,
             ecclesiasticis
             scilicet
             &
             secularibus
             personis
             pro
             utilitate
             Ecclesiae
             &
             stabilitate
             Regni
             pertractatum
             .
          
           Seven
           of
           them
           are
           
             Rege
             presidente
             ,
          
           and
           but
           one
           by
           deputy
           ;
           and
           incongruous
           it
           were
           ,
           and
           almost
           Non-sence
           ,
           to
           barre
           his
           presence
           that
           is
           President
           of
           such
           an
           Assembly
           .
        
         
           The
           Saxon
           Monarchy
           under
           
             Alfred
             ,
             Etheldred
             ,
             Edgar
          
           in
           their
           Synods
           ,
           or
           
             placita
             generalia
             ,
          
           went
           
           in
           the
           same
           practise
           ,
           and
           since
           .
           Thus
           
             Ethelwold
          
           appealed
           Earle
           
             Leofrick
          
           from
           the
           Countie
           
             ad
             generale
             placitum
             ,
          
           before
           King
           
             Etheldred
          
           and
           
             Edgyra
          
           the
           Queen
           ,
           against
           Earle
           
             Goda
          
           to
           
             Eldred
          
           the
           King
           at
           
             London
             ,
             congregatis
             Principibus
             &
             sapientibus
             Angliae
             .
          
           
        
         
         
           In
           the
           yeare
           1052.
           under
           
             Edward
          
           the
           Confessor
           ,
           
           
             statutum
             est
             placitum
             ,
             magnum
             extra
             Londinum
             ,
             quod
             Normanni
             (
             ex
             Francorum
             consuet
             udine
             )
             Parliamentum
             appellant
             ,
          
           where
           the
           King
           
           and
           all
           his
           Barons
           appealed
           :
           
             Godwin
          
           for
           his
           brother
           
             Alureds
          
           death
           ,
           the
           Earle
           denyed
           it
           ,
           and
           the
           King
           replyed
           thus
           ,
           
             My
             Lords
             ,
             you
             that
             are
             my
             Liege
             men
             ,
             Earles
             and
             Barons
             of
             the
             Land
             here
             assembled
             together
             ,
             have
             heard
             my
             appeale
             ,
             and
             his
             answer
             :
             unto
             you
             be
             it
             left
             to
             doe
             right
             betwixt
             us
             .
          
        
         
           At
           the
           great
           Councell
           at
           
             Westminster
             .
          
           1072.
           in
           
           Easter
           week
           the
           cause
           of
           the
           two
           Arch-Bishops
           
             Lanfrank
             ,
             and
             Thomas
             ,
             Ventilata
             suit
             in
             praesentia
             Regis
             Gulielmi
             ,
          
           and
           after
           at
           
             Windsor
             sinem
             accepit
             in
             praesentia
             Regis
             .
          
        
         
           At
           the
           same
           Feast
           ,
           
             Anno
          
           1081.
           (
           the
           usuall
           
           time
           of
           such
           assemblies
           )
           the
           King
           ,
           the
           Arch-Bishops
           ,
           Bishops
           ,
           Abbots
           ,
           Earles
           ,
           and
           chiefe
           Nobilitie
           of
           the
           Kingdome
           were
           present
           :
           for
           so
           are
           the
           words
           of
           the
           Record
           .
        
         
           The
           cause
           betweene
           
             Arsast
          
           Bishop
           of
           
             Norway
             ,
          
           
           and
           
             Baldwin
          
           Abbot
           of
           
             Burie
             ,
          
           was
           also
           argued
           ,
           
             Et
             ventilata
             in
             publico
             Rex
             jubet
             teneri
             Iudicium
             ,
             causis
             auditis
             amborum
             .
          
        
         
           The
           diligence
           of
           his
           sonne
           (
           the
           learned
           
             H.
          
           1.
           )
           in
           executing
           of
           this
           part
           of
           his
           kingly
           function
           ,
           is
           commended
           to
           posteritie
           by
           
             Walter
             Maps
          
           (
           a
           learned
           man
           ,
           trained
           up
           ,
           and
           dear
           in
           favour
           with
           
           
             H.
          
           2.
           )
           in
           these
           words
           :
           
             Omnia
             Regali
             more
             ,
             decentique
             moderamine
             faciebat
             ,
             neminem
             volebat
             egere
             justitia
             ,
             vel
             pace
             :
             constituerat
             autem
             ad
             tranaquillitatem
             
             omnium
             ,
             ut
             diebus
             vacationis
             ,
             vel
             in
             Domo
             magna
             sub
             dio
             copiam
             sui
             faceret
             usque
             adhoram
             sextam
             ,
          
           (
           which
           was
           till
           10
           ,
           as
           wee
           now
           account
           )
           
             secum
             habens
             Comites
             ,
             Barones
             ,
             Proceres
             ,
             et
             vavasores
             ,
          
           to
           heare
           and
           determine
           causes
           ,
           
           whereby
           he
           attained
           the
           sir-name
           of
           
             Leo
             Iustitiae
          
           in
           all
           Stories
           ,
           and
           so
           out
           went
           )
           in
           quiet
           quiddance
           of
           the
           state
           )
           his
           best
           Progenitors
           .
        
         
           The
           next
           of
           his
           name
           that
           succeeded
           ,
           is
           remembred
           
           every where
           for
           the
           debates
           and
           disputes
           he
           heard
           in
           person
           with
           
             Thomas
          
           the
           Arch-bishop
           ,
           and
           others
           of
           his
           part
           at
           the
           greatest
           Councels
           ,
           both
           at
           
             London
             ,
             Clarendon
             ,
          
           and
           
             Northampton
          
           for
           the
           redresse
           of
           the
           many
           complaints
           
           of
           the
           Commons
           against
           out-rages
           ,
           and
           extortions
           of
           Clergie
           men
           .
        
         
           In
           the
           yeare
           1057.
           
             die
             Pentecost
             .
             Apud
             8.
             
             Edmundum
             :
          
           The
           same
           King
           
             (
             diademate
             insignitus
             )
          
           
           with
           the
           Bishops
           ,
           Abbots
           ,
           Earles
           ,
           and
           Barons
           of
           the
           Kingdome
           sate
           dayly
           himselfe
           and
           heard
           all
           the
           debates
           concerning
           the
           liberties
           &
           Charters
           of
           
             Batell
             Abbie
             .
          
           The
           interlocutorie
           speeches
           as
           well
           of
           the
           King
           as
           the
           Lords
           and
           parties
           are
           at
           full
           related
           in
           a
           Register
           of
           the
           Church
           :
        
         
           The
           suit
           between
           the
           Church
           of
           
             Lincolne
          
           and
           S.
           
             Albans
             in
             praesentia
             Regis
             H.
             Archiepiscoporum
             ,
             Episcoporum
             omnium
             Angliae
             &
             comitatum
             &
          
           
           
             Baronum
             Regni
             ,
          
           was
           at
           
             Westmin
             .
          
           debated
           and
           ended
           :
           and
           had
           the
           love
           of
           Memorie
           and
           Truth
           bin
           a
           Protector
           to
           the
           publick
           Records
           of
           the
           state
           ,
           
           as
           the
           awe
           of
           the
           Clergies
           censure
           was
           a
           guard
           to
           theirs
           in
           tempestuous
           times
           ,
           we
           had
           not
           been
           now
           left
           to
           the
           onely
           friendship
           of
           Monkes
           diligence
           for
           example
           in
           this
           kinde
           .
        
         
           At
           
             Lincolne
          
           the
           Arch-Bishop
           ,
           some
           Bishops
           ,
           
           but
           all
           the
           Earles
           and
           Barons
           of
           the
           Kingdome
           ,
           
             unà
             cum
             Rege
             Joanne
             congregati
             ad
             colloquium
             de
             concordia
             Regis
             Scotiae
             ,
          
           (
           saith
           a
           Register
           of
           that
           Church
           .
           )
        
         
           This
           use
           under
           King
           
             H.
          
           3.
           needeth
           no
           further
           proofe
           than
           the
           Writ
           of
           Summons
           ,
           then
           (
           as
           some
           report
           )
           framed
           ,
           expressing
           both
           the
           Kings
           mind
           and
           practice
           .
        
         
           It
           is
           
             Nobiscum
             &
             Praelatis
             ,
             &
             Magnatibus
             nostris
          
           
           
             quos
             vocari
             fecimus
             super
             premissis
             tractare
             ,
             &
             Concilium
             impendere
             :
          
           which
           word
           
             Nobiscum
          
           implyeth
           plainly
           the
           Kings
           presence
           .
        
         
           What
           the
           succeeding
           practice
           was
           from
           the
           15.
           year
           of
           
             E.
          
           4.
           the
           proper
           Records
           of
           this
           Inquirie
           ,
           (
           the
           Iournall
           books
           being
           lost
           )
           I
           am
           inforced
           to
           draw
           from
           out
           the
           Rolls
           of
           Acts
           wherein
           sometimes
           by
           chance
           they
           are
           remembred
           .
        
         
           
             Edward
          
           the
           2.
           was
           present
           in
           Parliament
           the
           
           15.
           yeare
           of
           his
           reigne
           ,
           at
           the
           complaint
           against
           the
           
             Spencers
             ,
          
           and
           at
           a
           second
           Parlament
           that
           year
           for
           the
           repeale
           of
           their
           banishment
           .
        
         
           In
           the
           4.
           of
           
             E.
          
           3.
           the
           King
           was
           present
           at
           the
           
           Accusation
           of
           
             Roger
             Mortimer
             ,
          
           but
           not
           the
           Triall
           ,
           and
           the
           next
           yeare
           in
           the
           treaty
           of
           the
           French
           affaires
           .
        
         
         
           In
           the
           6.
           yeare
           ,
           
             Intererat
             rex
             in
             causa
             Iohannis
             de
             Gray
             &
             Guilielmi
             de
             la
             Zouch
             :
          
           and
           the
           same
           yeare
           2.
           
             die
             Parliamenti
             ,
          
           the
           King
           was
           present
           at
           the
           debate
           about
           his
           voyage
           into
           
             Scotland
             .
          
        
         
           In
           the
           15.
           yeare
           the
           King
           in
           the
           Painted
           Chamber
           sitting
           with
           the
           Lords
           in
           consultation
           ,
           the
           Arch-Bishop
           after
           pardon
           ,
           prayes
           that
           for
           better
           cleering
           himselfe
           ,
           hee
           may
           be
           tryed
           in
           full
           Parlament
           ,
           
           which
           was
           granted
           .
        
         
           In
           the
           17.
           in
           
             Camera
             alba
          
           (
           now
           called
           the
           
           Court
           of
           Requests
           )
           
             Rex
             cum
             magnatibus
             conveniunt
             communes
             super
             negotiis
             Regni
             .
          
        
         
           In
           the
           10.
           of
           
             R.
          
           2.
           the
           King
           departed
           from
           the
           Parliament
           in
           some
           discontent
           ,
           when
           after
           some
           time
           ,
           Lords
           are
           sent
           to
           pray
           his
           presence
           ,
           and
           to
           informe
           his
           Majestie
           ,
           that
           if
           hee
           forbeare
           his
           presence
           amongst
           them
           40.
           dayes
           ,
           that
           then
           
           
             ex
             antiquo
             Statuto
             ,
          
           they
           may
           returne
           
             absque
             domigerio
             Regis
             ,
          
           to
           their
           severall
           homes
           .
        
         
           
             Henrie
          
           the
           4.
           began
           his
           first
           Parlament
           the
           first
           of
           November
           ,
           and
           was
           the
           27.
           day
           of
           the
           same
           moneth
           at
           a
           debate
           about
           the
           Duke
           of
           
           Britanie
           :
           the
           30.
           day
           the
           cause
           of
           the
           Arch-Bishop
           was
           before
           him
           proposed
           onely
           .
        
         
           The
           3.
           of
           Nov.
           he
           was
           at
           the
           debate
           whether
           the
           Commons
           had
           right
           of
           
             Iudicature
             ,
          
           yea
           ,
           or
           no
           .
        
         
           On
           the
           10.
           hee
           was
           with
           the
           Lords
           in
           their
           Consultation
           about
           the
           expedition
           against
           the
           
             Scots
             ,
          
           the
           creation
           of
           the
           Duke
           of
           
             Lancaster
             ,
          
           and
           the
           prohibition
           of
           a
           new
           Sect
           from
           entring
           this
           Kingdome
           .
           Some
           Ordinances
           were
           at
           this
           
           time
           consulted
           of
           concerning
           the
           staple
           ,
           and
           the
           sentence
           against
           
             Haxey
          
           after
           dispute
           revoked
           .
        
         
           This
           King
           began
           his
           second
           Parliament
           the
           20
           
           of
           Ianuarie
           ,
           and
           on
           the
           9.
           of
           Februarie
           was
           present
           to
           make
           agreement
           betwixt
           the
           Bishop
           of
           
             Norwich
             ,
          
           and
           
             Thomas
          
           of
           
             Erpingham
             .
          
        
         
           On
           the
           20.
           day
           of
           the
           same
           moneth
           ,
           hee
           was
           present
           at
           Councell
           for
           repressing
           of
           the
           
             Welch
          
           Rebells
           ,
           for
           revocations
           of
           stipends
           ,
           and
           concerning
           the
           
             Priors
             Aliens
             .
          
        
         
           On
           the
           26.
           they
           advise
           before
           the
           King
           of
           the
           
             Sestertian
          
           Order
           .
        
         
           On
           the
           2.
           of
           March
           of
           the
           Statute
           of
           
             Provisions
             ,
          
           the
           keeper
           of
           the
           privie
           Seale
           ,
           and
           relieving
           of
           the
           two
           Vniversities
           .
        
         
           On
           the
           9.
           of
           March
           they
           mediate
           before
           the
           
           King
           a
           reconciliation
           betwixt
           the
           Earle
           of
           Rutland
           ,
           and
           the
           Lord
           
             Fitzwaters
             .
          
        
         
           He
           also
           began
           a
           parliament
           in
           his
           fifth
           yeare
           ,
           upon
           the
           15.
           of
           Ianuarie
           ,
           and
           the
           10.
           they
           advise
           before
           the
           King
           ,
           of
           guarding
           of
           the
           Seas
           ,
           and
           the
           
             Welch
          
           Rebellion
           .
        
         
           On
           the
           8.
           of
           Februarie
           ,
           the
           Earle
           of
           
             Northumberland
          
           is
           charged
           before
           the
           King
           ,
           and
           in
           his
           presence
           ,
           and
           by
           his
           permission
           ,
           divers
           of
           whom
           hee
           knew
           no
           harme
           were
           removed
           from
           the
           Court
           .
        
         
           The
           next
           day
           at
           the
           petition
           of
           the
           Commons
           ,
           hee
           tooke
           upon
           him
           to
           reconcile
           the
           Earles
           of
           
             Northumberland
          
           &
           
             Westmerland
             ,
          
           and
           on
           the
           22.
           of
           Februarie
           of
           
             Northumberland
          
           and
           
             Dunbar
             .
          
        
         
         
           In
           a
           parlament
           of
           the
           27.
           of
           
             H.
          
           6.
           a
           challenge
           of
           Seat
           in
           parliament
           betwixt
           the
           Earles
           of
           
             Arundell
          
           and
           
             Devonshire
          
           was
           examined
           and
           appoynted
           
           by
           the
           K.
           with
           the
           advice
           of
           the
           Lords
           .
        
         
           In
           that
           great
           capitall
           cause
           of
           the
           Duke
           of
           
             Suffolke
             ,
             28.
             H.
          
           6.
           
           I
           find
           not
           the
           King
           once
           present
           at
           the
           debates
           ,
           but
           the
           Duke
           appealing
           from
           his
           tryall
           by
           Peerage
           to
           the
           K.
           is
           brought
           from
           out
           the
           house
           of
           Lords
           to
           a
           private
           chamber
           ,
           where
           the
           King
           (
           after
           the
           Chancellor
           in
           grosse
           had
           declared
           his
           offence
           ,
           and
           refusall
           )
           himselfe
           (
           but
           not
           in
           place
           of
           judgement
           )
           adjudged
           his
           banishment
           .
        
         
           By
           the
           Rolls
           of
           K.
           
             Ed.
          
           4.
           it
           appeareth
           that
           hee
           
           was
           many
           dayes
           (
           besides
           the
           first
           and
           last
           )
           in
           parliament
           ,
           and
           there
           are
           entred
           some
           Speeches
           by
           him
           uttered
           ,
           but
           that
           of
           all
           the
           rest
           is
           most
           of
           marke
           ,
           the
           Reporter
           then
           present
           tells
           it
           thus
           ,
           of
           the
           Duke
           of
           
             Florence
             ,
          
           and
           the
           King
           ,
           
             Tristis
             disceptatio
             inter
             duos
             tantae
             humanitatis
             Germannos
             :
          
           
           
             Nemo
             arguit
             contra
             Ducem
             nisi
             Rex
             ,
             nemo
             respondit
             Regi
             nisi
             Dux
             .
          
           Some
           other
           testimonies
           were
           brought
           in
           ;
           with
           which
           the
           Lords
           were
           satisfied
           ,
           and
           so
           
             formârunt
             in
             eum
             sententiam
             damnationis
             ,
          
           by
           the
           mouth
           of
           the
           Duke
           of
           
             Buckingham
          
           (
           then
           Steward
           of
           
             England
             :
             )
          
           All
           which
           was
           much
           distasted
           by
           the
           house
           of
           Commons
           .
        
         
           The
           reigne
           of
           
             H.
          
           7.
           affords
           upon
           the
           Rolls
           
           no
           one
           example
           (
           the
           journall
           Books
           being
           lost
           )
           except
           so
           much
           as
           preserves
           the
           passages
           of
           eight
           dayes
           ,
           in
           the
           12.
           of
           his
           reigne
           ,
           in
           which
           the
           King
           
           was
           some
           dayes
           present
           at
           debates
           ,
           and
           with
           his
           owne
           hand
           the
           31.
           day
           of
           the
           parlament
           delivered
           in
           a
           Bill
           of
           Trade
           there
           read
           :
           but
           had
           the
           Memoriall
           remained
           ,
           it
           is
           no
           doubt
           but
           hee
           would
           have
           beene
           found
           as
           frequent
           in
           his
           great
           
           Councell
           of
           
             Parlament
             ,
          
           as
           hee
           was
           in
           the
           
             Starre-Chamber
             ;
          
           where
           by
           the
           Register
           of
           that
           Court
           appeareth
           ,
           aswell
           in
           debate
           at
           private
           causes
           ,
           that
           touch
           neither
           life
           nor
           member
           ,
           as
           those
           of
           publick
           care
           ,
           he
           everie
           yeare
           of
           all
           his
           reigne
           was
           often
           present
           .
        
         
           Of
           
             H.
          
           8.
           memorie
           hath
           not
           been
           curious
           ;
           but
           if
           he
           were
           not
           often
           present
           ,
           peradventure
           that
           may
           be
           the
           cause
           of
           the
           disorder
           ,
           which
           the
           learned
           Recorder
           
             Fleetwood
          
           in
           his
           preface
           to
           the
           
           Annalls
           of
           
             E.
          
           the
           5.
           
             R.
             3
             H.
             7.
             
          
           &
           
             H.
          
           8.
           hath
           observed
           in
           the
           Statutes
           made
           in
           that
           Kings
           dayes
           :
           for
           which
           cause
           hee
           hath
           severed
           their
           
             Index
          
           from
           the
           former
           ;
           and
           much
           lay
           in
           the
           will
           of
           
             Wolsey
             ,
          
           who
           was
           ever
           unwilling
           to
           let
           that
           King
           see
           with
           his
           owne
           eyes
           .
        
         
           
             Edward
          
           the
           sixt
           in
           respect
           of
           his
           yong
           yeares
           may
           be
           well
           excused
           ;
           but
           that
           such
           was
           his
           purpose
           appeares
           by
           a
           memoriall
           of
           his
           owne
           hand
           ,
           who
           proposing
           the
           affaires
           of
           Councell
           to
           severall
           persons
           ,
           reserved
           those
           of
           greatest
           weight
           to
           his
           owne
           presence
           ,
           in
           these
           words
           :
           These
           to
           attend
           the
           matters
           of
           State
           ,
           that
           I
           will
           sit
           with
           them
           once
           a
           weeke
           to
           heare
           the
           debating
           of
           things
           of
           most
           importance
           .
        
         
           Vnfitnesse
           by
           Sexe
           in
           his
           two
           succeeding
           
           Sisters
           to
           be
           so
           frequently
           present
           as
           their
           former
           Ancestors
           led
           in
           the
           ill
           occasion
           of
           such
           opinion
           and
           practise
           .
        
         
           
             
               
                 Most
                 Excellent
                 Majestie
                 :
              
            
             
               YOur
               most
               humble
               servant
               ,
               in
               discharge
               of
               Obedience
               and
               Zeale
               hath
               hastned
               up
               this
               Abstract
               ,
               which
               in
               all
               humilitie
               he
               offers
               up
               unto
               your
               gracious
               pardon
               .
               Presumption
               to
               enter
               the
               closet
               of
               your
               Counsell
               is
               farre
               from
               his
               modestie
               and
               dutie
               .
               What
               hath
               been
               your
               powerfull
               command
               ,
               he
               hath
               made
               his
               worke
               ;
               what
               is
               fit
               to
               be
               done
               with
               it
               is
               onely
               your
               divine
               judgement
               :
               He
               dares
               not
               say
               ,
               that
               Presidents
               are
               Warrants
               :
               To
               direct
               the
               successe
               is
               as
               worthy
               observation
               as
               the
               knowledge
               thereof
               ,
               sometimes
               have
               made
               ill
               examples
               by
               extension
               of
               Regall
               power
               through
               ill
               councells
               ,
               with
               ill
               successe
               .
               Some
               as
               bad
               ,
               or
               worse
               ,
               when
               the
               people
               have
               had
               too
               much
               of
               that
               ,
               and
               the
               King
               too
               little
               ,
               the
               danger
               no
               lesse
               .
               To
               cut
               out
               of
               either
               of
               these
               paternes
               to
               follow
               were
               but
               to
               bee
               in
               love
               with
               the
               mischiefe
               for
               the
               example
               .
               The
               cleerer
               I
               present
               this
               to
               your
               Highnesse
               ,
               the
               nearer
               I
               approach
               the
               uprightnesse
               of
               your
               heart
               ,
               (
               the
               blessed
               fortune
               of
               your
               happy
               subjects
               .
            
             
               Pardon
               (
               most
               sacred
               Majesty
               )
               that
               I
               offer
               up
               to
               your
               admired
               wisedome
               my
               weake
               ,
               but
               dutifull
               observations
               out
               of
               all
               the
               former
               gathering
               .
            
             
               In
               Consultations
               of
               State
               ,
               and
               decisions
               of
               
               private
               plaints
               it
               is
               cleare
               from
               all
               times
               ,
               the
               King
               was
               not
               onely
               present
               to
               advice
               and
               heare
               ,
               but
               to
               determine
               also
               .
            
             
               In
               the
               cases
               Criminall
               ,
               and
               not
               of
               blood
               to
               barre
               the
               King
               apart
               were
               to
               seclude
               him
               the
               Star-Chamber
               (
               as
               far
               from
               reason
               as
               example
               :
               )
               The
               doubt
               is
               then
               aloud
               in
               crimes
               meer
               capitall
               .
            
             
               I
               dare
               not
               too
               much
               commend
               the
               times
               that
               left
               these
               Patternes
               ,
               either
               for
               the
               causes
               or
               effects
               ,
               but
               wish
               the
               one
               and
               the
               other
               never
               more
               .
            
             
               To
               proceed
               by
               publick
               Act
               of
               Commons
               ,
               Peeres
               ,
               and
               King
               ,
               was
               most
               usuall
               :
               Appeales
               are
               gone
               by
               the
               Law
               of
               
                 Henrie
              
               the
               fourth
               .
               Of
               this
               now
               in
               debate
               ,
               the
               way
               I
               feare
               is
               yet
               obscure
               .
               As
               great
               advise
               of
               State
               is
               as
               needfull
               for
               the
               manner
               ,
               as
               for
               the
               Iustice
               .
            
             
               The
               example
               in
               the
               cause
               of
               the
               Duke
               of
               
                 Suffolke
                 ,
                 28.
                 H.
              
               6.
               where
               the
               King
               gave
               judgement
               ,
               was
               protested
               against
               by
               the
               Lords
               .
            
             
               That
               of
               the
               Duke
               of
               
                 Clarence
                 ,
                 6.
                 E.
              
               4.
               where
               the
               Lords
               ,
               and
               the
               High
               Steward
               (
               the
               Duke
               of
               
                 Buckingham
                 )
              
               gave
               judgement
               ,
               was
               protested
               against
               by
               the
               House
               of
               Commons
               .
               In
               both
               of
               these
               the
               King
               was
               sometimes
               present
               ;
               but
               which
               of
               these
               may
               suit
               these
               times
               I
               dare
               not
               ghesse
               .
            
             
               That
               of
               1.
               
                 R.
              
               2.
               of
               
                 Gomenys
              
               and
               
                 Weston
              
               accused
               by
               the
               Commons
               plaint
               for
               Treason
               was
               tryed
               by
               the
               Lords
               in
               absence
               of
               the
               King
               ,
               but
               sentenced
               by
               the
               Lord
               
                 Scroop
              
               Steward
               for
               the
               King
               :
               The
               Accused
               were
               of
               the
               ranke
               of
               the
               Accusers
               ,
               Commons
               ,
               and
               not
               Lords
               .
            
             
             
               How
               this
               will
               make
               a
               president
               to
               judge
               in
               causes
               Capitall
               a
               peere
               of
               Parliament
               ,
               I
               cannot
               tell
               ,
               but
               I
               should
               conceive
               a
               way
               answerable
               as
               well
               to
               Parlament
               as
               other
               Courts
               .
            
             
               If
               the
               King
               and
               the
               Lords
               were
               Traytors
               ,
               and
               the
               common
               Assentors
               to
               the
               Iudgement
               ,
               to
               heare
               together
               the
               charge
               and
               evidence
               ,
               the
               Lords
               (
               as
               doth
               the
               Iurie
               in
               other
               Courts
               )
               to
               withdraw
               ,
               to
               find
               the
               verdict
               ;
               and
               then
               the
               Steward
               ,
               for
               the
               K.
               to
               pronounce
               the
               sentence
               ;
               it
               passeth
               so
               by
               way
               of
               Act
               :
               a
               course
               that
               carryeth
               with
               it
               no
               exception
               ,
               and
               likely
               to
               avoyd
               all
               curious
               Questions
               of
               your
               Highnesse
               presence
               there
               .
            
             
               If
               your
               humble
               Servant
               hath
               in
               this
               expression
               of
               his
               desire
               to
               doe
               you
               service
               ,
               presumed
               too
               farre
               ,
               his
               comfort
               is
               ,
               that
               where
               Zeale
               of
               Dutie
               hath
               made
               a
               fault
               ,
               Benignitie
               of
               Goodnesse
               will
               grant
               the
               pardon
               .
            
          
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A34726e-130
           
             Ex
             Conciliis
             Reg.
             Saxon.
             Cantuar.
             
          
           
             Glanvill
             .
          
           
             Liber
             Ely
             .
          
           
             Leges
             Etheldredi
             regis
             .
          
           
             Ingulphus
             Croylandensis
             .
          
           
             registr.
             .
             monast.
             .
          
           
             Palat
             .
             Regale
             Westmonast
             .
          
           
             Regist.
             Eliense
             .
          
           
             Annales
             Monaster
             .
          
           
             Liber
             de
             Bello
             .
          
           
             registr.
             .
             Wigorniense
             .
          
           
             Ioannes
             Ewegden
             .
          
           
             Matth.
             Parls
             
          
           
             Hoveden
             .
             Bracton
             .
          
           
             Glanvill
             Fleta
             
          
           
             Modus
             tenendi
             Parliament
             .
          
           
             Ex
             registr.
             .
             Concili
             r.
             Cantuar.
             Ex
             Concilio
             Withredi
             R
             
          
           
             Ex
             Synodis
             &
             legibus
             Alfredi
             ,
             Etheldredi
             ,
             Edgari
             .
          
           
             Ex
             Regist
             Ab●ington
             .
          
           
             Gesta
             St.
             Ed●
             .
             Ga●i●è
             .
          
           
             Allured
             .
             Rivalens
             .
             vita
             Ed●
             .
             Confessoris
             .
          
           
             registr.
             .
             Cantuar
             .
          
           
             10●1
             .
          
           
             Registrum
             Sancti
             Edmundi
             .
          
           
             Walterus
             Maps
             de
             R●gis
             〈◊〉
             .
          
           
             Henr.
             Hunting
             Malmsbury
             .
          
           
             Vita
             Tho.
             Cantuariensis
             .
             Fitz-Stephan
             .
          
           
             Gesta
             H.
             2.
             
             Benedic
             .
             Abbate
             Authore
             .
          
           
             Reg.
             monast.
             .
             de
             bello
             .
          
           
             Reg.
             Lincolniense
             .
          
           
             Lib.
             Burton-Monaster
             .
          
           
             Rot.
             claus.
             a.
             59.
             H.
             3.
             
          
           
             Rot.
             Parl.
             15.
             E.
             2.
             
          
           
             Rot.
             Parl.
             4.
             E.
             3.
             Rot.
             parl.
             5.
             E.
             3.
             
          
           
             Rott
             .
             Parl.
             15.
             E.
             3.
             
          
           
             Rot.
             Parl.
             17.
             E.
             3.
             
          
           
             Chronicon
             Henvici
             Knighton
             .
          
           
             Rot.
             Parl.
             3.
             H.
             4
             
          
           
             Rot.
             Parl.
             2.
             H.
             4.
             
          
           
             Rot.
             Parl.
             4.
             H.
             4.
             
          
           
             Rott
             .
             Parl.
             27.
             H.
             6.
             
          
           
             Rot.
             Parl.
             E.
             4.
             
          
           
             Regist.
             Croylandense
             .
          
           
             Ex
             cartis
             Parlamen
             .
             12.
             11.
             7.
             
          
           
             Ex
             regist.
             Camerae
             Stellatae
             .
          
           
             Ex
             Annalib
             .
             Fleetwood
             ,
             Recorderi
             London
             .