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A08874 An essay of the meanes hovv to make our trauailes, into forraine countries, the more profitable and honourable Palmer, Thomas, Sir, 1540-1626.; Zwinger, Theodor, 1533-1588. Methodus apodemica. 1606 (1606) STC 19156; ESTC S113921 84,643 147

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to decree warre or peace or to enter into treaties concerning them The third is to institute and ordaine principal officers The fourth is to haue the last Appeale which is one of the true markes of Souereigntie vnder which dependeth the power to grant pardon to the condemned by course of law in fauour to redresse the rigor of the lawe and formall proceedings of Magistrates whether concerning life goods honor banishment or libertie In all which Trauailers shal find in most States great defect in fewe all absolutely For concerning the first what honourable Prince not naming the Pope the Turke the Tartarian and such like tyrants of himself without associates decreeth lawes And not without good cause for it noteth iustice and desire to gouerne aright knitting the Subiects to their Prince Neuerthelesse we see that in former times the Princes of this Land and of France as of òther States did constitute of themselues many good lawes in force at this day So touching the second there be some States that by custome and willingnes to complease their subiects will seldome make warre or entertain peace without priuate consent of their Councell or general debating of the Parliament Likewise of the third there is amongst States and gouernements a great diuersitie in the instituting and ratifying of principall officers which custome hath been brought from the Prince or State no doubt for the shew of the Common-weales good so the same be not transported to forraine States as the Pope arrogateth in Ecclesiasticall promotions And touching the last point we see also how great Princes are stripped of their Souereignty reigntie by the Pope in matters of appeale of giuing pardons and such like regalities to subiects and great offenders against their Prince and countrey Thus in these let Trauailers euerie where make obseruation how of custome either the States doe hold their Souereigntie or howe by like Custome they haue abbridged or lost their marks of absolutenesse Lastly let it be considered of the customes and prerogatiues of the Nobilitie of a nation the chiefe whereof resteth in their superioritie and preheminence in sitting going talking eating washing subscribing arrogating peculiar phrases and order of stile in writing and such like All which are to be considered by times places and persons that thus and by a customarie dutie and respect honour each other Wherein if Trauailers wil be verie iudiciall they had neede to be good heralds and studious in the customarie lawe and discipline of Armes of that nation Hitherto concerning the lawes and customes of a nation so briefly as we could to the vnexpert in the affaires of the countrey The fift point of knowledge now offereth it selfe which is concerning the gouernment of the countrey 5 The Gouernment hath a twofold managing therof the one exterior and discernable the other interior secret and priuate onely in a wise State to the Counsel thereof or onely lodged in the breast of the Prince which to a wise Prince is a high pointe of politicke gouernment Of this interior we will giue Trauailers a secret taste in the last part namely in the Secrets For the obiect of a Trauailer is properly the publike and reuealed gouernment In this Gouernment three things concurre First the persons gouerning secondly the people gouerned lastly the common and speciall policie or instruments that subsist for the establishing of a cōmon good towards all men by the vertue wherof life health peace prosperitie and happinesse without interruption is conueyed vnto the bodie politick Wheras the defect and vicious ordering of things soon corrodeth or putteth the same into a consumptiō irreuocable Concerning the persons gouerning we obiect to Trauailers a triple consideration according to the three-fold diuersitie of Cōmon-weales For by the persons gouerning we meane also those simple variable three formes of gouernment namely the Monarchial which is when the Soueraignty and supreme authority without controlment resteth in one person or Prince as in our King of Great Britaine The Aristocraticall is when as the lesser part of the people or of the Nobilitie haue the Souereigntie in body giuing lawes to the rest of people in generall and particular as the Seigniorie of Venice and the State of the vnited Prouinces in the Lowe Countreys And the Democraticall or popular Estate which is when as the whole people or greater part thereof in bodie hath the Souereigne authoritie Which had neede to bee well considered of Trauailers by so much the more as they see great learned men confounded or deceiued in the iudgements of them For neither the qualities of persons can change the nature or number of them nor can there bee any mixt State of forme and continuance but either by Graunt Permission Communication Association or Assignation of the Souereigne power to the members subiect But lest Trauailers might be misseled by the opinions of others let them obserue diligently in what persons and in which of these those foure markes of Souereigntie before spoken of in the Customes of the Countrey doe reigne which here for breuitie I omit especially the ordering of officers the decreeing of peace and warre and taking of Appeales But for the publishing of lawes the most ciuill States for the better securitie of them and content of the people are euer assisted in Monarchies with the three Estates And in some States also for the better dispatch of things many of the other three markes are committed but yet restrictiuely and vnder controulement Wherefore let Trauailers consider now these things aright and proue the censures of other men by those markes of Souereigntie which inuest the formes with supreme power Moreouer in the second place let Trauailers note what principall officers are in the commitment ordained to helpe the motion and gouernment of the helme of the State And lastly how farre their seuerall offices doe extend For the better insight into which there may bee gathered a triple consideration of officers namely first such as stand by ancient right and Custome as those which we cal Officers at the Common Lawe Secondly such as haue their authoritie by Commission and that from the prerogatiues of the Prince or State Souereigne Lastly such as are ordained by the positiue lawes of the land to vndergo any businesse for the good of the Common-weale Finally let Trauailers be carefull to obserue the maner and order of making publishing of lawes there vsed the course of entertaining warres the ordinarie policie vsed in time of peace concerning preparation for warres defensiue and offensiue the common course of proceeding in iustice and iudgement the places and times and ministers the fashion of punishing rewarding of all sorts of people acording to their deserts and such like appurtenances appendices of the gouernment Let these suffice for the persons gouerning The People gouerned wee cast into sixe moulds namely into that of Husbandmen of Handicrafts men and Labourers of Marchants of the Nobilitie and Gentrie of stipendarie
into the lawes of other Countries and expert in those of their owne Nation they haue well purchased a goodly Mannor and trench of Land to build policies vpon Moreouer it is verie expedient for Trauailers to marke not only how many distinct kinds of Lawes the Countrie vseth to gouerne their people by but in speciall what are ge●●●●ll what particular lawes pertaining to seuerall diuisions of the Countrey as those of shires and Seigniories of townes places and persons c. And lastly if in regard of the time of trauailing such be able to take degrees for the approbation of their knowledge in the Vniuersities no doubt the honour and the commodity wil be very great For the title of a degree so atchieued wil celebrate more their worth than any other meanes by getting credite to their learning and iudgement and making them capable of preferment hauing authoritie to be imployed in the seruice of the Common-weale Thus much concerning the lawes the which a Trauailer may referre vnto three heads if he please To Things to Persons to Actions The Customes now follow Customes they are certaine vses of the Prince State or people of the countrie vnwrittē for the most part that doe prescribe or stand in force as lawes chiefly if they bee good and profitable for the Common-weale whereof there are three ●●nkes that Trauailers must consider them in Generall Particular and Regall By the Generall Customes are meant the ancient vse and ordering of all things according to the ancient nature thereof Of which let Trauailers first note their alterations These may be discerned in the giuing of Lawes in ensample whereof wee haue at this day a more exact and ful order of the three states concerning forme than in former times Secondly in the Princes priuate State and houshold Lastly in Religion in diet in apparell and in the externall order of things and persons In all which Customes most Common-weales differ Whereof we will ensample onely to our Trauailer the Princes priuate estate and houshold which we cal the Court Wherein what ordinary attendants and dependants and what ceremonies orders and customes are appertaining to the person of the Prince or to the place it selfe wheresoeuer the Court shal be or to the Nobility are the rather to be learned of Trauailers that they may not be ignorāt of the proper cariage of euery Court to enforme themselues of behauiour In Tartarie this custome is vsed that no stranger of what quality or degree soeuer dare put himselfe in the Kings presence to negotiate with him before hee hath beene purged with their fire Neither is it permitted to any stranger to set his foote on the threshold of the Cams lodging or where any of his Princes or Lieutenants dwell on paine of death And in our ciuill States we see no forreiner dare present himselfe to the presence of the Prince but by permission or in speciall cases and at special times Hence moreouer ariseth our great respect to our Princes in honouring and saluting them whereas the French are little vncouered and nothing so respectiue Some countrey people do kneele in the presence of their Prince others gaze in their faces onely others cast downe their heads and lookes and some as the inhabitants of Baccalaos or of the new Land fish haue a custome when they reuerence their King in his presence to rub their noses and stroking their forehead with their hand vnto the necke the which the King accepteth as an honest and due office and seruice turning his head eftsoones to his left shoulder which is a note of singular fauour and gratefulnesse of the King to honour his Subiect The which customes or the like though they be strange and not regular yet doe they become well enough the bounds of euery nation In like sort the customary phrase of writing and speaking of action of body of reuerencing and such such like are so to be pondered of Trauailers that they introduce not them into their owne Country vnlesse those customes be of a more ciuill carriage then such as their Countrey vseth For that is a fowle and irregular tricke of common Trauailers to innouate new fangles of fashions in their Countrey when they returne though they iudge thē to be of better esteem This is a common staine and delight of Ilands But as it is a shame for ciuill States to be variable in the custome of diuersitie of fashions wondring at the customes of other lesse ciuill graces and behauiours so as needes those must bee put in practise by them so a Trauailer that innouateth forreine peculiar customs of other Courts in his Countrey where either more ciuill or as good are vsed swarueth from the guise of completenesse in Trauailers requirable The Particular Customes concerne the members of the State as Countreys Dukedomes Principalities Counties Seigniories Domaines Cities Towns Corporations Castles Cittadels Fortes and such like which require also in regard of their excellencie to bee looked into so farre foorth as by discourse and discreete wayes may bee of Trauailers followed after The third and last Customes are Regall which properly are the maiesticke prerogatiue of the Countrey of the Prince and Nobilitie aswell within their precinct as in and vnder the iurisdiction of another power Whereof first let it bee regarded what preeminence the Countrey claimes to haue in and ouer other Countreys not tributary or subiect to the same Secondly as concerning the Prince let it be noted what titles of Custome he is inuested with as the French King to be the most Christian King which in those dayes was well arrogated from other nations As the King of Spaine to bee called the most Catholike King which title in those dayes was proper to him I speake as a Romist for he was Maximus bellator professor Romanae Catholicae ecclesiae And as our Souereigne King of Great Britaine by like custome now and with better title may most rightfully challenge to be the greatest and sincerest Defender of the faith of Christ thorow the world euen so was it a title in those dayes when it was reassumed and acknowledged of his Ancestor of proper attribution though the Pope had another slie and slouenly meaning and fetch of policie in the bequest For within a little after that most vndanted King Henry the eight whom for perpetuall honor sake I thought good to name by the good pleasure of God became the onely stout Defender of the faith of Christ singularly in shaking off the Popes supremacie and withstanding his displeasure Whereunto also let a Trauailer learne what place of Custome the Prince hath amongst other Princes and how farre the souereigntie of Princes stretcheth and of States The which souereignty is discernable in foure points The first is to haue power absolute to giue lawes to al in generall and in particular without controlment as Priuiledges Liberties Franchisedomes Honors and such like regalities to places or persons The second note of Souereigntie is