Information Against Cotton et al. Sir Robert Heath Noah Millstone Principal Investigator MPESE Sebastiaan Verweij Co-Investigator MPESE Richard Bell Research Associate Victoria Anker BRIHC Research Impact Fellow Mike Jones Research Software Engineer Tim Wales Research Assistant Manuscript Pamphleteering in Early Stuart England (MPESE) 2017 United Kingdom London British Library Hargrave MS 311

British Library, Hargrave MS 311

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16 November 1629 English

Lunæ 16.to die Nouembris Anno 5.to Caroli Regis M. Godde, Robert Heath Richard Shelton, Thomas Crewe, Humfrey Dauenport Richard Barkley, Heneage Finch,

To the kings most excellent Majestie

Humbly Informeth your most excellent Majestie Sir Robert Heath knight your Majesties Attorney generall, That where= as your Sacred Majestie euer since your happy accesse to the Imperiall Crowne of this realme hath gouerned your people with so much justice & moderation that all your good subjectes doo beare that reuerence & loue vnto your Sacred person as is justly due to so gratious a Soueraigne And your Majestie next to the seruice of Almighty God & the mayntenaunce of his true religion hath preserued & mayntayned the auntient & fundamentall lawes of this kingdome without Innouacion/.

Yet so it is may it please your most excellent Majestie that somme malicious persons who are as yet vnknowne to your sayd Attorney being ill affected to your Majestie & to your happy gouerment & intending to raise false scandalous & seditious rumors against your Majestie & your graci= ous gouernment, & intending to raise false scandalous & seditious rumors against your Majestie & your gracious gouernment haue of late wickedly & seditiously framed contriued & written a false seditious & pestilent discourse in these words followinge / .

The Propositions for your Majesties seruice conteineth Two parts The one to secure your State & to bridle the pertinacy of parliamentes The other to increase your Reuenue much more then it is./

Touching the First haueing considered diuers meanes I find nonne so important to strengthen your Majesties regall Authoritie againstt all opposiciones or practises of troublesome Spirites & to bridle them then to fortifye your kingdome by haueing a Fortresse in euery cheife Towne & important place thereof furnished with Ordinance municion & faithfull men as they ought to bee with all other Circumstances fitt to be digested in a busines of this nature, Ordering withall the trayned soldiers of the Countie to bee vnited in one dependancy with the said Fortes, aswell to secure their beginning, as to succour them in occasion of suspect And allso to re= teine & keepe their Armes for more security: Whereby the Countries are no lesse to be brought into subjeccion, then the Cities themselues & Consequently the whole kingdome Your Majesty haueing by this Course the power thereof in your owne handes.

The Reasons of these Suggests are these/.

That in policy it is a greater Tye of the people by force & necessity then merely by loue & affeccion; For by the one the gouernent resteth alwaies (sure sure, but by the other noe longer then the people are well contented/ .

2 It forceth obstinate subjectes to be no more presumptuous then it pleaseth your Majestie to permitt them / .

3 That to leaue a State vnfurnished is to giue the bridle thereof to the Subject when by the contrary it resteth onely in the Princes hands /.

4 That moderne Fortresses take long tyme in wynning with such charge & difficulty as no Subjectes in these tymes haue meanes probable to attempt them /.

5 That it is a sure remedye against rebellions & popular mutinyes or against forrayne powers because they cannot well succeede when by this Course the apparent meanes is taken away to force the kinge & State vpon a doubtfull fortune of a sett battell as was the cause that mooued the pretended Invasion against the land attempted by the kinge of Spaine in the yeare 1588.

6 That your Majesties gouernment is the more secure by the peoples more subjection & by their Subjection the Gentrye or Parliamentes must be forced to alter their Stile & to be conformable to your will & pleasure for their wordes & opposition importeth nothing where the power is in your Majesties owne hands to doe with them what you please, being indeed the cheife purpose of his dis= course & the Secret intent thereof fitt to be concealed from any English att all either councellor of State or other for these & diuers other Waighty reasons.

It may be considered in this place to make your Majestie more powerfull & strong some orders to be obserued that are vsed in fortifyed Countryes, The gouernment whereof importes as much as the States them selues I meane in tymes of doubt or suspect, which are these/.

1 Imprimis that none weare armes or weapons at all either in Citty or Countrye but such as your Majestie may thinke fitt to priuiledge & they to be enrolled /.

2 That as many high wayes as conveniently may be done bee made passable through those Cittyes & townes fortifyed to constrayne the passengers to trauell through them / .

3 That the Soldjers of fortresses are sometymes chosen of another Nation (if Subjectes to the same Prince) but howsoeuer not to be borne in the same Prouince or within 40. or 50. Myles of the Fortresses & not to haue freindes or correspon= dencye neere it /

4 That

4 That at the gates of each walled towne be appoynted officers not to suffer any unknowen passenger to passe without a Tickett shewing from whence hee camme & whether to goe & that the gates of each Citty be shutt all night & the keyes kepte by the Major or Go= uernor, Also the Inkeepers to deliuer the names of all vnknowen passengers that lodge in their houses & if they stay suspitiously att any tyme to present them to the Gouernors whereby dangerous persons seeing these strict courses will be more wary of their accions & thereby mischeiuous attemptes will be preuented /

Both which doubts are resolued in one & the same reason in respect that in England each cheife towne commonly a hath a ruynated castell well seated for strength whose foundacion & stones remayning may be both quickly repayred for his vse & with little change & made strong enough I hope for this purpose within the space of one yeare by adding withall Bulwarkes & Rampires for the ordinance according to the rules of Fortificacion /

The ordanaunce of these fortes may be of Iron not to disfur= =nish your majesties nauy or to be a greater charge then is needfull /

To mayntayne yearely these Fortes I make accompt in ordinary pay 3000 men will be sufficient & will require 40000 li. charge per annum or thereaboutes being an expence that Inferior Princes vndergo for their necessary saffety /.

All which pretention added to the Invincible sea force your Majestie hath already & may haue will make you the most powerfull & obeyed king of the world, which I could likewise confirme by many Examples but I omitt them for breuitye.

And not to confuse your Majesty with twoo much matter your Majestie may find by the scope of this discourse the meanes shewed in generall to bridle your Subjects that may be either discontent or obstinate, So am I likewise to conclude the same intent particularly against the pervers= =nesse of your parliamentes aswell to suppresse that pernitious humor as to avoyd their oppositions against your profitt being the Second part to be discoursed of /.

And therefore haue first thought fitt for better preuention thereof to make knowen to your Majesty the purpose of a generall oath which your Subjects may take for sure avoyding of all rubbes that may hinder the conclusion of these busynesses /.

It is

It is further meant that no subject vpon payne of high Treason may refuse the same oath contayning onely matter of Alleageance & not scruples of poyntes of Conscience that may giue pretence to be denyed.

The effect of the oath is this

That all your Majesties subjects doo acknowledge you to bee as absolute a kinge & Monarch within your dominions as is amongst the Christian Princes & your dominions Prerogatiue as greate /.

Whereby you may & shall for your selfe by your Majesties pro= =clamacion aswell as other Soueraigne Princes dooing the like either make lawes or reuers any made with any other acte so great a Monarch as your selfe may doo & that without further consent of a parliament or need to recall them att all in such cases / .

Confirming that the pariament in all matters (excepting cases to be sentenced as the highest Court) ought to submitt to your Majesties will to giue the Negatiue or affirmatiue conclusion & not to be constrayned by his Impertinencyes to any Inconvenience appur =tayning to your Majesties regall authority /.

And this notwithstanding any bad pretence or custome to the contrary in practise which indeed were fitter to be offered to a Prince Elected without other right then to your Majestie borne suc= cessiuely king of England Scotland Fraunce & Ireland & your heyres for euer & so resumed not onely of your Subjectes but also of the whole world /.

Howe necessary the dangerous supremacy of parliamentes vsur= pacion is to be preuenteed the Example of Lewes the 11th kinge of Fraunce doth manifest who found the like opposition as your Majestie doth & by his wisedome suppressed it & that to the purpose here

Which is not to be put downe altogether Parliamentes and their authority being in many cases very necessary & fitt, but to abridge them as darr as they seeke to derogate from your Majesties regall authority or advancement of greatnesse /.

The caution in offring the sayd oath may require some pollicy for the easijer passage at first either by singular or particular tractacion & that so neere about one tyme ouer the land as one gouernment may not knowe what the other intendeth, So it may passe the easijer by hauing no tyme of combynacion or opposition/.

There is

There is another course also more certayne then his to bringe to passe his oath easily as also your profitt & what els is pretended which here I omitt for breuity by requiring a long discourse by it selfe & haue sett it downe in particular Instruccions to to informe your Majestie /

The Second parte of this discourse is touching your Majesties profitt after your State is secured wherein I shall obserue both some reasonable content to the people as also consider the great expences that Princes haue noewadayes more then in tymes past to mayntayne their owne greatnesse & saffty of their Subjectes who if they haue not witt and will to consider theire owne Interest so much indifferently, your Majestie must repayre their defectes & force them to it by compulsion, but I hope there shall be no such cause in poyntes so reasonable to encrease your Majesties revenue, wherein I sett downe diuers meanes for your gracious Execucion by such degrees & cautions as your greate wisedomes shall thinke fitt in a busynes of this Nature/.

1 Imprimis the first meanes & course intended to encrease your Majesties Reuenues or profitt withall is of greatest consequence & I call it a Decima being so termed in Italy where in some partes it is in vse ymporting the Tenth parte of all Subjectes estates to be payd as a yearely rent to their Prince & aswell monyed men in townes as landed in the Countryes their values & estates esteemed justly as it is to the true value yet with reason to pay it & this is payd yearely in money, which course applyed in England for your Majesties seruice may serue in stead of subsidyes fifteenes & such like which in this case are fitt to be released for the Subjectes benefitt & content in the recompence of the said Decima which will yeild your Majestie more in certainty then they doe casually by fiue hundred thousand pounds per annum att the least. /

2 Item that when your Majestie hath gotten money into your hands by somme courses to be sett downe it would bee a profitable course to encrease your Entrate to buy out all Estates & leases vpon your owne landes in such sort as they be made no loosers whererby hauing your land free & renting it out to the true value as it is most in vse & not imployed as heretofore att an old rent & small fynes you may then rent it out for at least fowre or fiue tymes more money then the old rent commes vnto, So as if your Majesties landes be already but 60000 li. per annum by this meanes it will be augmented at least twoo hundred thousand poundes per annum & to buy out the tennantes Estates will comme to a small matter by the course to make them no loosers considering the gayne they haue already made vpon the land & this is the rather to be donne & the present course changed because it hath bene a custome vsed meerely to cosen the kinge /

3 Item

3 Item whereas most Princes doe receiue the benefitt of Salt in their owne handes as a matter of greate profitt because they receiue it at the lowest price possible & vent it, doth gayne yearely. / The same course vsed by your Majestie were worth at least one hundred & Fifty thousand pounds per annum/.

4. Item it is likewise vsed in other parts that all waightes & measures either in priuate houses shopps or publique marketts should bee viewed to be just & sealed once a yeare paying to the Prince for it which in England applyed to your Majesties vse with order to pay vj d. for sealing each waight or measure would yeild neere Sixtye thousand pounds per annum

5. Item though all Countryes pay a Gabella for transportacion & so likewise in England yet in Spayne there is impost vpon the woolls which in England is so greate a wealth & benefitt to the SheepMasters as they may well pay you 5 li. per centum of the true value at the sheer= =inge which I conceiue may be worth one hundred & Forty thousand poundes per aannum /

6 Item whereas the Lawyers fees & gaynes in England are ex= cessiue to your Subjectes prejudice it were better for your Majestie to make vse thereof & impose on all causes sentenced with the partie to pay 5 li. per centum of the true value that the cause hath gayned him. And for recompence thereof to lymitt all Lawyers fees and gettinges whereby the Subject shall saue more in fees & charges then he giueth to your Majestie in the Gabella which I beleeue may bee worth one yeare with another Fiftyy thousand poundes /.

7 Item whereas the Innes & victualing houses in England are more chargeable to the trauellers then in other Countryes It were good for your Majestie to lymitt them to certayne ordinaryes & raise besides a large imposition as is vsed in Tuscany & other partes that is a prohibiting of all Inns & victualing houses but such as shall pay it & to impose vpon the cheife Inns & tavernes to pay 10 li. a yeare to your Majestie & the worst 5 li. per annum, & all alehouses xx s. per annum more or lesse as they bee in custome, Of all sortes there are so many in England that this impost may well yeild one hundred thousand pounds per annum to your Majestie /

8. Item in Tuscany & other partes there is a Gabella of all cattell or flesh & horses sold in markettes paying 3 or 4. per centum of what they are sold for which by conjecture may be worth worth in England twoo hundred thousand pounds per annum vsing the like custome vpon Fish & other victuals (bread excepted) And for this cause all flesh & fish & victualls in the Markett to be prised and sold by waight whereby the Subject saueth more in not being co// cosened then the Imposition importeth them/.

9 Item in Tuscany is vsed a taxacion of 7 per centum vpon all alienacion of landes to the true value & also 7 per centum vpon all dowryes & marriage moneys, the like if it were justly vsed in England were worth at least one hundred thousand poundes per annum with many other taxacions vpon meale & other marchandises in all townes aswell as port townes which here I omitt with diuers others as not so fitt for England /.

And in satisfaccion of the Subject for these taxes your Majestie may bee pleased to release them of Wardships & to enjoy all their estates at eighteene yeares old & in the meane tyme their profites to be preserued for their owne benefitt /

And also in forfeitures of estates by condemnacions your Majestie may release your Subject as not to take the forfeiture of their lands but their goodes high treason onely excepted /.

And to allowe the councell of Lawyers in case of life and death as also not to see condemned without ij witnesses with such like benefittes which importeth more their good then all the taxacions named can prejudice them /.

10. Item that somme of the former taxacions vsed in Ireland & Scotland as may easely be brought about by the first example thereof vsed in England may very well be made increase your revenue there more then it is by twoo hundred thousand poundes per annum /.

11 Item all offices in the land greate & small in your Majesties grant may be granted with condicion to pay your Majestie a parte yearely according to the value this in tyme maye be worth as I conceiue one hundred thousand poundes per annum Adding also Notaryes Attorneys and such like to pay some proporcion yearely towardes it for beinge allowed by your Majestie to practise & prohibiting els any to practise in such places /

12 Item to reduce your Majesties houshold to bord wages as most other princes doo reseruing somme fewe tables, this will saue your Majestie Sixty thousand poundes per annum & ease greatly the Subject be= =sides both to carriages & prouision which is a good reason that your Majestie in honer might doe it / .

13. Item I knowe an assured course in your Majesties navy which maye saue at saue at least Fifty thousand pounds per annum which requiring a whole discourse by it selfe I omitt onely doo promise to doo it when= soever you comand /.

14 Item whereas your Majesties lawes doo command the strickt keepinge of fasting dayes you may also prohibit those dayes to eate egges cheese of whitmeates, onely to such as are contented to pay xviij d. a yeare for the liberty to eate them & the better sort x s. The im= =ployment of this mony bee for the defence of the land in mayntayn= inge the Navy Garrisons & such like much after the fashion of Crusado in Spayne as your Majestie knoweth being first begunne there vnder the pretence to defend the land against the Moores And the same vsed in England may yeild one yeare with another one hundred thousand poundes without any disgust to any because it is at euery ones choyce to giue ir or noe /.

15 Lastly I haue a course vpon the Catholiques & very saffe for your Majestie being with their good liking as it may be wrought to yeild your Majestie at least twoo hundred thousand poundes per annum by raising a certayne value vpon their landes & somme other impositions which requiring a long discourse by it selfe selfe I will omitt it here setting it downe in my Instruccions /.

It will saue your Majestie at least one hundred thousandes per annum to make it payne of death & confiscacion of goodes & landes for any of the officers to cosen you which nowe is much to be feared they doo else they could not be so rich And herein to allowe a Fourth parte of the benefitt to him that shall find out the cosinage Here is not meant officers of State as the Lord Treasorer &ces being Officers of the Crowne /.

The summe of all this accompt amounteth to twoo Millions & Two hundred thousand poundes per annum, Suppose it be but one Million & on halfe as assuredly your Majestie may make by these courses sett downe yet it is much more then I promised in my letter for your Majesties seruice besides somme summes of money in the present by the Courses followinge /.

1 Imprimis by the Princes marriage to make all the Earles in England, Grandees of Spayne & Principi with such like priuileges & to pay Twenty thousand poundes a peece for it /.

2. As also

2 As also if you make them feuditaryes of the townes belonging to their Earledomes if they will pay for it besides as they doo to the kinge of Spayne in the kingdome of Naples /.

3 And so likewise Barons to be made Earles & Peeres to pay ten thousand poundes a peece I thinke might yeild fiue hundred thousand pounds & oblige them sure to your Majesty.

4. To make choyce of 200 of the richest men of England in Estate that be not noble men & make them Titulati as is vsed in Naples & paying for it that is a Duke 30000 li. a Marquesse 15000 li. an Earle 1000 li. a Baron or viscount 5000 li.

It is to be vnderstood that the Auntient Nobility of Barons made Earles are to precede these as Peeres though these be made Dukes or Marquesses /

This may raise a Million of poundes or more vnto your Majestie To make gentlemen of lowe quality & Francklyns & Fermors Esquires to precede them would also yeild your Majestie a great summe of money in present /

I haue another course to yeild your Majestie at least three hundred Thousand poundes in money which as yet tyme serueth not to discouer vntill your Majestie be resolued to proceede in some of the former courses which till then I omitt /.

Other courses also that may make present money I shall study for your Majesties seruice & as I fynd them out acquaynt you withall /.

Lastly to conclude all this discourse, By the applicacion of this course vsed for your profitt It is not onely to make you the richest king that euer England but also the saffety augmented thereby to bee most secure besides what is shewed in the first parte of this discourse I meane by the occasion of these taxacions & raising of moneys, your Majesty shall haue cause & meanes to employ in all places of the land So many offices & Ministers to be obliged to you for their owne good & Interest us nothing can be attempted against your person or royall Estate over land but somme of these shall in all probability haue meanes to fynd it out & hinder it, Besides this course will represse many disorders & abuses in the publique gouernment which were hard to be discouered by men Indifferent.

To prohibite gorgeous & costly apparell to be worne but by persons of good quality shall Saue the Gentry of the kingdome much more money then they shall be taxed to pay to your Majesty. /

Thus with all humility I take my leaue & kisse your gracious hand desiring pardon for my error I may committ herein /.

The

The which false seditious & malitious discourse & writinge so framed contriued & written as aforesayd the authors thereof intended should be diuulged & dispersed as if the same had bene entertayned by your Majestie with purpose to be putt in execucion, thereby to raise feares & jealousyes in the myndes of your good Subjectes that your sacred Majesty had a purpose to alter & innovate the auntient lawes of this kingdome & the auntient manner & forme of the government thereof and to drawe all thinges to be disposed of at your Majesties absolute will & pleasure & to comand & dispose of the Estates goodes & reuenues of your subjectes or such parte or porcion thereof as your selfe pleased without the consent of your subjectes and to make & repeale lawes & statutes by your Majesties proclamacion onely without consent of parliament And that to ouerawe & oppresse your subjectes you purposed to plant and mayntayne garrisons & fortfyed castells & places in a warlike manner in all the principall Cittyes & townes in this your kingdome /.

Which if it should be beleeued by your people could not but raise infynite discontentmentes amongst them The consequences whereof might be of extreame & almost inevitable danger to your Majesties person & State & to the whole frame of this kingdome & to the greate dishonor of your Majestie which all & euery your good & loyall subjectes are in their duty & alleigeaunce to your Majesty bound to preuent to the vtter= =most of their powers & to discouer to your Majestie or somme of your priuy Councell or other Majestrate all such false & seditious discourses & Writinges whensoeuer they shall comme to their handes or knowledge /.

Neuerthlesse Francis Earle of Bedford Robert Earle of Somersett John Earle of Clare Sir Robert Cotton knight & Baronett John Selden Esquire & Gilbert Barrell gentleman forgetting the duty which they owe to your gracious Majestie their leige Lord & intending to further & cherish those false scandalous & seditious rumors whereby matter of discord & sclaunder might growe betweene your Majestie the greate men of this kingdome & your people & not regarding the greate dangers & euill consequences consequences thereof hauing gotten the sayd discourse or writing or somme copy or copyes thereof into their handes, Every of them the sayd Sir Robert Cotton John Earle of Clare Robert Earle of Somersett & Francis Earle of Bedford John Selden & Gilbert Barrell at seuerall tymes within the space of Eight moneths nowe last past did make or write or caused to be made or written seuerall Copyes thereof & amongst themselues & also to & amongst many others haue published diuulged and dispersed the same to the greate & insufferable scandall & dishonor of your Majestie & of all your most just & gracious gouernment And nonne of them before such publi= cacion thereof did make the same knowen to your Majestie or any of your priuy councell or any other lawfull Maje= =strate as in duty they and euery of them ought to haue donne /.

In consideration of all which premisses Forasmuch as the sayd spreading publishing & diuulging of all such scandalous and malicious tales newes & rumors & not making the same knowen to your Majestie or your priuy Councell or other Majestrate is contrary to the good lawes & Statutes of this your realme and contrary to the duty & alleaigeaunce that they owe to your Majestie And for that the venome thereof may be this vndue meanes be dispersed & infused in & vnto many others in & through whose handes those false seditious & malitious papers or writinges haue or may comme And for that the danger thereof is exceeding greate & may be of infinite ill consequence if in tyme the same be not preuented & for example and terror to all others be not seuerely punished /.

May it therefore please your most excellent Majestie to grant vnto your sayd Attorney your Majesties most gracious writtes of Subpena to be directed to the sayd Sir Robert Cotton knighte & Baronett John Selden Esquire & Gilbert Barrell gentleman & also to signifye your highnes Royall pleasure according as is vsuall in such cases to the sayd John Earle of Clare Robert Earle of Somersett and Francis Francis Earle of Bedford Comanding them & euery of them att a certayne day & under a certayne payne there= =in to be contayned personally to bee & appeare before your Majestie & the right honorable the Lordes & others of your highnes most honorable priuy Councell in your highnes Court of Starchamber then & there to answere to the premisses & to stand to & abide such order direccion sentence & decree therein as to your Majestie & the sayd Lordes & others shall be thought most meete & agreeable to justice

And your said Attorney shall &ces