The Ninth Paragraph Touching the Prudential Laws and Constitutions of Great Britain relating to Prince and Peeple As also The Eminence and Variety of Honours which the King can confer c. VVHat the Arteries Nerfs and Cartilages are to the Body Natural the same are Laws to the Political they are the Ligaments of a Kingdom which connect and tie all sorts of peeple though of so many different humors in one Goverment and under one Souverain head The Common Law of England though in some things it differs from the Civil by which most parts of Europe are governd yet it hath the rationability and justness the general notions and aym of the Civil Law which is to preserve evry one in the possession of his own and the Souverain Prince in honour power and Safety The main quarrel against it is that it wants Method and that it is not reducible to any or capable to be digested into such a Pandect as the Civil Law is Wherunto it may be answered That the Common Law of England hath for its grounds 1. Custome 2. Iudicial Records And 3. Acts of Parlement or Statuts The two later being declarations of the Common or Customary Law of the Land are methodizd and digested to order as the book of Statuts c. whence the Sheriffs the Justices of peace and Constables with other Officers may learn their duties and how to execut their places and any subject els may know how to keep himself within the bounds of his obedience But the Common Law of the Land consisting of Cases Precedents and Judgments as also of Immemorial and Uninterrupted Municipal Customs which being no Written Things Therfore it is no wonder that the professors therof have not bin so curious to attempt hitherto the Methodizing of that Art which consists most of Custom and Usage yet fair Essays are made daily for better retaining the same in memory by putting particular Cases under general Rules wherof ther are divers Volums frequently publishd of late yeers Now the Laws of England look two ways either upon the Souverain Prince or upon the peeple Touching the later ther is no Law upon earth so careful and tender of a mans life or livelihood be he the meanest subject under the Crown as the Common Law of England is For wheras in other Countries a single Judge and Witness may take away ones life or estate wherof the one may be subornd the other corrupted t is not so in England but besides Witnesses and Judges ther be two sorts of Iuries one the Grand Inquest which consists of twenty four Gentlemen or able Freeholders to consider by a previous consultation of all Bills of Inditement to be preferd to the Judicial Court which upon strict examination they either approve and transfer to the Court by writing upon the Bill Billa vera or they disallow it by writing Ignoramus Such causes as they approve if they concern Life and Death are further referrd to another Iury to consider of because the case is of such importance but others of lighter moment are upon their allowance fined by the Bench without more ado Except the party traverse the Inditement or chalenge it for insufficiencie or remove the Cause to a higher Court by a Certiorari in which two former cases it is referrd to another Jury and in the later transmitted to a higher and presently upon the allowance of this Bill by the Grand Inquest the party is said to be Indited but such as they disallow are deliverd to the Bench by whom they are forthwith cancelld or torn The Indited party being to stand afterwards at the Bar and desiring to be tryed by God and his Country ther is a Petty Jury empannelld of Twelve who bear the publick repute of honest men and the Law of England is so indulgent of life that the prisoner may challenge or except against any to such a number and withal a Butcher who is inurd to bloud and slaughter is incapable by the Law to be a Jury-man for life So the said Jury after a strict and painful examination of the Fact with all the least circumstances therof deliver their Verdict according to their consciences wherby the Judg doth acquit or condemn the party according to the quality of the offence nor can any pecuniary Mulct satisfie for the life of any as it is in other Countries And as the Common Law of England is thus so tender of humane life so it is as cautious indulgent and careful of the livelihood and propriety of the meanest subject in the Land which in case of controversie is done also by Jury and put home to the Consciences of twelve indifferent good men and not left only to the breast and opinion of any one Judge be he never so learned and incorrupt The English Law likewise favors Widows and Orphans and the poor have Counsel appointed them gratis c. It appeers out of the premisses what a great regard the Common Law of England the Lex Terrae hath to the lifes and properties of the peeple in point of Justice Now in point of Reverence and Loyalty to the Souverain Prince which is more pertinent to this disourse ther is no Law hath higher regards likewise that way nor also to his honour and dignity to his welfare and safety to his Royal Prerogatives and glory which Prerogatives intrinsecally stick and are inherent in the Crown yet are they and the Liberties of the Subject determined and bound by the Law The Laws of England make the King their Protector and reason good for they are his own Productions t is he that puts life into them They bear such reverence to his person that in his Presence none can be seizd or violently layd hands on or arrested his very presence being a Protection for the time He who giveth but a blow to any in his Court the Law adjudgeth him to loose his Right hand The Law sayth that the King hath his Title to the Imperial Crown of Great Britain and to his Kingly Office and power not as a fiduciary thing conveyed from the peeple but by inherent birthright and inalienable heritage immediatly from God from Nature and from the fundamental Constitutions of the Land He hath not only Ius paternum a paternal power over his subjects but Ius despoticum herile he hath dominion over them which Dominion is devolvd upon him gratiâ Dei by Divine dispensation and favour Ther is no Alleageance or Fealty due to any other power but to the King The Law is so careful of the sacred person of the King that it reacheth unto the very thoughts and restrains them from machination of any evil against him For the Law says it is Treson to Imagine mischief against the King much more to attempt act and execute it The Common Law of England makes the King the Supreme and independent Governour And all other persons derive their power and authority from him either by his Royal Writ Patent or Commission The Law presupposeth
that he sits not only at the Kings Bench but in other Courts of Judicature for the Writs go Teste meipso And because the Law sayth that the King must govern in Mercie and Justice the sole power of Pardoning is in Him Moreover the power of Coinage is only in the King with the enhancing or decrying the price of money He is the sole Gran Master of the Mint wheras in France others partake with the King in this high Prerogative Nor doth any Kings Face shine in purer Metal for it shines onely in pure Gold and Silver and that of the finest Standard Mixture and Allay of any in Europe wheras I have seen and felt the face of the French King in Copper and Brass with other mixt mongrel stuff As also of the King of Spain's though he terms himself the Monark of Gold and Silver Mines yet the common currant Coyn twixt Merchant and Mechanick is Copper wherin the Hollander by his cunning hath done him a world of mischief from time to time by counterfaiting that Copper Coyn and â—…oysting it in by divers artifices as in a ship laden with Lead and Tin ther wold be somtimes divers Sows of Lead hollowed and crammd with quartils as also in hollowed Masts with other inventions Insomuch that one time when all the Vellon or Copper Coin was calld in and a scrutiny made how much had bin coynd ther were many millions more found to be brought in and counterfaited then had bin stampd in the Kings Mint By the Common Law of the Land the King of Great Britain hath three Royal Ensignes which cannot belong to any other He hath the Crown the Scepter and the Polemical Sword as I have mentiond in another Treatise and is proper to touch here By the first He reigns by the second he makes Laws by the third viz. the Sword He protects them Concerning the Crown or Royal Diadem the Laws of England assert that it descends upon his head by a right Hereditary line though through dâ—…vers ancient Royal Races wherof some were Conquerors The Crown is His as much as any mans Cap 's his own And ther is no Crown stuck with fairer Flowers I mean Royal Prerogatives wherof divers were spoken of before Concerning the Scepter it may be calld an Individual Copartner or a Royal Appendix to the Crown It doth capacitate the King to Enact Laws for before his Assent all the Results and Determinations of Parlement are but Bills they may be said to be but abortive things and meer Embryos nay they have no life at all in them till the King by his breath infuseth vigour and animation into them and the ancient Custom was for the King to touch them with the Scepter then they are Laws and have a virtue in them to impose an universal obligation upon all sorts of peeple Now it is an undeniable Principle of the Law of England That nothing can be generally binding without the Kings Royal Assent nor doth the Law take notice of any thing without it This makes Them to be calld afterwards the Kings Laws and the Judges are said to deliver the Kings Iudgments nay he himself is always Lord Chief Justice of England which Title is not assumable by any Subject Now before an English Law is made ther is mature and mighty long deliberation goes before for first the business is agitated and canvasd many days in the House of Commons which represents all the peeple of England till it comes to the ripeness of a Bill The Bill being drawn is read thrice in the House and having passd the brunt of all Exception t is engrossd and transmitted to the Lords and there also t is read thrice and debated with much deliberation Then by concurrence of both Houses t is presented to the King who consults with his Learned Counsel whether ther be any thing therin derogatory to his Prerogatives if not He gives his Royal Assent and then t is created a Law and generally binding Touching the power of the Sword it is more proper to treat of it in the next Paragraph Moreover the Lex Terrae the Common Law of England makes the King the Fountain of Honour nay without any disparagement or offence be it spoken He can confer Honor upon other Kings and Souverain Princes as he is Souverain of the Order of Saint George wherof ther have bin eight Emperors five Kings of the French four of Spain seven of Portugal two of the Scots four of Denmark three of Naples one of Poland and another of Sweden two Dukes of Urbine one of Millain one of Ferrara one of Savoy one of Calabria one of Holland one of Gueldres four Princes of Orenge seven Counts Palatin of the Rhin two Dukes of Brunswick two of Holstain one of Brandenburgh and one Duke of Wittenberg with divers other Forren Princes Now among all Orders purely Military ther is not any now remaining in the Christian world either more ancient or honorable then the Noble Order of Saint George wherof the Garter is a Symbole therfore are they calld Equites periscelidis Knights of the most Noble Order of the Garter which Order was first instituted by that Victorious King Edward the third who was offerd to be Emperour Anno 1350. which was threescore yeers wanting one before the Institution of the French Order of S. Michael by Lewis the eleventh and 229 yeers before the Order of St. Esprit by Henry the third and full fourscore yeers before the erection of the Order of the Golden Fleece by Philip Duke of Burgundy It is also 209 more ancient then the Order of the Knights of the Elephant which was devisd by the Kings of Denmark and much more then that of Amaranta excogitated by Sweden c. Now observable it is that among all these Orders l'ordre del toison d'or the Order of the Golden Fleece related to the English Wools which were transported to Flanders by our Merchants wherby all the Provinces adjoyning did so infinitly enrich themselfs And this Order of the Golden Fleece as it is one of the highest Esteem so it hath most affinity with our Order of St. George in point of Regulation as also that ther are so few of it For our Order is accounted far the Nobler because it hath constantly kept it self to the same number of Knights viz. 26. since the primitive Institution wheras the French Orders have multiplied so fast in number of Knights that one said the Order of the French Knighthoods are now become Collers for every Ass to wear about his neck And as this high Order of St. George hath the precedence of all other now worn by any King in point of Antiquity so the ground and designe of it was very Noble For when the first Idea of erecting a new Order of Knighthood entred into the head of the foresaid Heroick King Edward the third his thoughts reflected upon King Arthur who indeed was the first founder of Knighthood not only
among Christians but of any other Nation upon earth As also the first King who gave Royal Arms His Coat being Azure nine Crowns Or marshalld 3. 3. 2. and 1. Afterwards the Saxon Kings gave Arms And Edward the Confessors Coat was Azure a Cross patence between four Martelets Or. And as King Arthurs Round Table which is yet to be seen at Winchester had seats for twenty six Knights so it seems King Edward proportiond his number Now the occasion of it was That he having resolvd upon a War with France for attaining that Crown which was due unto him by his Mothers side He conceavd it advantageous to invite and engage to his party such as were of a Martial spirit And to that end erected a round Table at Windsore in imitation of King Arthur where they were entertaind with Tilts and Tournements magnificent Feasts and other Princely ways to unite and encourage them Philip de Valois who was in possession of the Crown of France went about to countermine him by erecting also the like Table in his Court and so drew many gallant and adventurous spirits that way and some out of England so that King Edward not finding this designe answerable to his mind he fell on another such as might prove more adherent and binding unto Him to which end he establishd this high Order of Chivalry consisting of twenty six persons of eminent note wherof He Himself and his Successors Kings of England were to be perpetual Souverains All of them were to be men of Heroick parts and such as shold be obligd by Oath and Honour to adhere unto Him upon all occasions which might be the probablest cause that he made the Garter for a Badg therof to be fastned about the left leg with a Buckle of Gold to be continually worn therfore are They stild Equites Periscelidis as was touchd before which hath its Etymologie from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Crura ambiens girding about the knee which alâ—…udes that those Knights shold be bound in one League and Confederation of love and affection severally one unto another and all of them in joynt service to the Souverain Some ther are who are of opinion that the Garter was given because that in a Battle where King Edward provd Victorious he had given the word Garter for a Signal Others in a derogatory way wold ground it upon the Countess of Salisburies Garter falling off from her in a dance and so taken up by the King But the Black Book in Winsore which deserves most faith in this point gives the first Reason for it Among other Laws that were enacted in the Chapter when this Order was first raysd one was That evry Knight by solemn Oath upon the Evangelists was sworn to defend the Honor and Quarrels the Rights and Lordship of the Souvrain c. Such a Sacramental Oath the Knights of the Bath also take which is To love their Sovrain above all earthly cretures and for his right and dignity to live and die c. Therfore I have often stood astonishd at the largeness of the consciences of some Knights of both these Orders who besides other astringing Oaths as those of Allegeance Supremacy c. could dispense with them All in the late Rebellion so far as not only not to adhere to their Sovrain Liege-Lord and King when his life was sought for by small and great Shots with other instruments of open hostility and slaughter but to appeer for to serve and stick unto the contrary party all the while Truly under favor I wold be-loth to exchange souls with them We will put a period to this Discours of the ancient Noble Order of St. George with a signal observation of Bodin's Decretum fuit in Collegio Equitum Periscelidis in Anglia ponere stemmata Regis Francorum ante caetera omnia post Principem Ordinis It was decreed in the College of the Knights of the Garter in England to put the Stems of the King of the French before all other except the Prince of the Order And the reason I conceive was that Philip the second whiles King of England was formerly put before But Bodin was herin deceavd for the Emperours Arms wherof ther have bin eight of the Order go before and have the precedence Out of the premises may be deducd this cleer Conclusion as a Meridian Truth that the Common Law of England in all things ayms at the Honour and glory the power and authority the Safeness and incolumity of the Sovrain Prince more then the Laws of any Country And wheras we had some touches before how the Common Law which is peculiar only to England hath the rationability of the Civil Law though not so digested to Method in regard it consists most of Custom Cases and presidents we will conclude this Paragraph with some principles wherin they both agree As Actori incumbit onus probandi The proof lies on the Accuser Nemo oportet esse sapientior legibus No man ought to think himself wiser then the Laws Ubi lex non distinguit ibi non est distinguendum We must not distinguish where the Law doth not Accessorium non ducit sed sequitur suum principale The Accessory doth not lead but follow the principal Volenti non fit injuria No wrong can be done to him who is willing Agentes Consentientes pari poena plectuntur Actor and consenter are to be punished alike Apices Iuris non sunt Iura The punctilios of the Law is no Law Nemo potest esse Iudex in propria causa No man can be Judge in his own cause Caveat Emptor Let the Buyer beware Contraria allegans non est audiendus Who alledgeth contraries is not to be heard Cujus est dare ejus est disponere The Giver may dispose of his gift as he pleaseth Quilibet in Arte sua est credendus Evry one is to be believed in his own Art Potestas derivativa non potest esse major primitiva A Commissioner cannot have greater power then He who gave him the Commission Dies Dominicus non est Iuridicus The Lords day is no day of Law Dormit aliquando Lex moritur nunquam The Law may sleep a while but never die Dilationes in Lege sunt odiosae Delays in Law are odious Facinus quot inquinat aequat All are principals in a crime Generale nihil certi implicat No certitude can be had out of generals Ignorantia non excusat Legem Ignorance of the Law doth not excuse the breach of it Lex non cogit ad impossibilia The Law doth not tie us to impossibilities Lex est summa Ratio The Law is the highest Reason Lex citius tolerat privatum damnum quà m publicum malum The Law tolerats a privat damage rather then a publick Mala Grammatica non vitiat Chartam False Latin doth not destroy a Deed Linea Recta semper praefertur transversali A right Descent is always preferrd before a Collateral in
kinred Nemo debet his puniri pro uno delicto No man is to be punishd twice for one offence Nemo potest plus juris in alium conferre quà m Ipse habet No man can transfer a greater power to any other then he hath himself Nemo tenetur prodere seipsum No man is bound to betray himself Omnia quae movent ad mortem sunt Deo danda All things which cause death are forfeit to God Qui non habet in aere luat in corpore Where the purse cannot let the body suffer Qui peccat ebrius luat sobrius Who offends when he is drunk let him be punishd when he is sober Qui sentit commodum sentire debet onus Who receive the benefit ought to feel the burden Quod semel meum est ampliùs meum non est That which was mine is none of mine Stat praesumptio donec probetur in contrarium A presumption stands till the contrary be provd Ubi non est principal is ibi non potest esse accessarius Where ther 's no principal ther can be no Accessary Unumquodque dissolvitur eo ligamine quo ligatur Evry thing is untyed as it is bound Par in parem non habet Imperium Equals cannot command one another Nemo dat quod non habet No man can give that which he hath not And this doth hold also in Heraldry therfore the Knighthoods with other Honors that Cromwel was so free to confer are void in Law because he was never Knight himself By these few Principles with multitudes more it appeers that the Common Law hath much affinity with the Civil wherof ther are as learned Professors in England as any where els Whence it may be inferrd that the King of Great Britain is supplied with more helps for the administration of Justice then any Nation in the world besides For in regard that England is an Iland having such a great Trade at Sea and so great dealing with divers other Nations Having also besides Land-matters both Temporal Ecclesiastical and Maritime which are not so proper for the Common Law He allows of the Civil Law answerable to the quality of the Case which hath bin practised in England beyond the memory of man or the reach of any Record And though ther happen oft some Emulations and high Contests betwixt these two Professions yet such hath bin the prudence of the Souvrain Prince to keep them both in as equal a Balance as could be and not to suffer the one to insult or encroach upon the other but to have the same freedom of study and practice to the universal good of Forreners as well as of his own Subjects And so much concerning the National Law and Prudential Constitutions of England The Tenth and last Paragraph Touching the greatness of Power of Military Might and Puissance by Land and Sea as well Defensive as Offensive c. of the King of Great Britain THe Duke of Rohan in his Book calld Les Interests des Princes The Interests of Princes saith that England is like a great Animal that cannot die unless he kill himself He acknowledgeth Her also to be Latroiseâ—…e Puissance the third Power of Christendom But by the Arguments that shall be producd in this Paragraph I believe it will appeer to any discerning and unbiassd Reader that England taking her Kingdoms annexd along with her strength at Sea as well as shore will be inferior to none Ther was a Comparison made long since That Gallia Hispania sunt quasi lances in Europae libra Anglia est lingula sive libripendens That France and Spain were as the Scales of the great Balance of Europe and that England was the Toung or Beam of the Balance which keeps it in aequilibrio in an even counterpoise that neither side shold be trabâ—…ccant This hath bin often verified specially in the Raign of Henry the eighth whose Motto was Cui adhaereo praeest He to whom I adhere prevails He wold somtimes make Francis the first to weigh down somtimes Charles the fifth And touching the former He acknowledgd King Henry under God to be the chiefest Deliverer of Him and his Children from his captivity in Spain And so likewise did Pope Clement when he was freed from the Castle of St. Angelo where Charles the Emperour had coopd him up Therfore was Henry of England calld Liberator Orbis by the whole Confistory at Rome as he was before Protector of the great Clementine League And indeed the Arbiter of all Christendom in his time Touching the Martial Might of the King of Great Britain we will first examine that of England which we must distinguish into Intrinsecal or Terrene And into Extrinsecal or Maritime Concerning the first ther are five Counties alone can put into the Field fourty thousand men all armd for so many are listed in the Muster-makers Book as Traind-Band-men viz. the County of York 12000 Kent 8000 Norfolk 〈◊〉 and Devonshire above 6000 apiece And the rest of the Counties whereof ther are fourty seven may have twice as many at least which come to a hundred and twenty thousand Soldiers eâ—…olld and ready upon all occasions either for general service or privat in the Counties where they are for assisting the Sheriff and other Officers in the execution of the Law in case of any resistance therfore are they calld Posse Comitatuâ—… The power of the County So that in time of peace England alone hath an hundred and twenty thousand Soldiers enrolld besides those in Ireland and Scotland And in time of War the late bloudy Rebellion bleeding yet in the purses and estates of many thousand poor Cavaliers hath sufficiently tryed the strength and wealth of England For ther was a computation made at one time of those that were in actual Arms for King and Parlement and they came to neer upon two hundred thousand fighting men under Commission wherof ther were about fifty thousand Horse and Dragoons And I do not remember to have read that in the time of the famous Ligue in France ther were so many take in strangers and all Hence we see that the King of Great Britain may be said to have a constant standing Army in time of peace of which he hath the sole disposing For the Sword is his as much as the Scepter and the Crown which are inalienable from his power and incommunicable to any other but by his Royal Commissions And indeed t is the Sword that makes all Kings powerful The Crown and the Scepter are but impotent and poor unweildy things they are but naked Indefensible badges without it Ther 's none so filly as to think ther 's meant hereby an ordinary single sword such as evry one carrieth by his side Or some Imaginary thing or Chymera of a sword No t is the publik Polemical Sword of the whole Nation It may be calld an Aggregative or compound Sword made up of all the Ammunition the Artillery Pikes Muskets Helmets Headpeeces with all kind of armes
employd that he be well versd in the Speech therof for it is a sad thing when one is sent Ambassador to see fashions and learn the Language of a Country Lastly ther 's nothing more concerns the Office and Duty of an Ambassador as it was touchd before then to be true to his Instructions Brunus tells us that Qui extra Mandatum agit aliud agit Who acts beyond his Commission acts another thing Yet it cannot be denied but many things in point of circumstance are left to the discretion of a Plenipotentiary Ambassador therfore as I take it ther was by the twelve Tables in Rome a latitude of power left to Legats Quae bonum Patriae eminenter tangunt etiamsi non Mandentur agunto What eminently concerns the publik good though not commanded let them be done The eighth Paragraph Touching the Laws of England relating to Ambassadors in point of Reception Audience Treatments and Rewards as also what prudence hath bin usd for composing of Contestations betwixt them in point of Precedence c. HAving spoken hitherto generally of the concernments of Ambassadors and the privileges of Legation We will now make some inspections in particular into the Constitutions and Common Laws of England which may be calld Civil and very complying in this point The Law of England as the great Father of it my Lord Coke says That Honor Legati honor mittentis est The honor of an Ambassador is the honor of him who sent him That Legati aut Proregis dedecus redundat in Regem The affront offerd an Ambassador redounds to his King By the Common Law of England t is High Treson to kill an Ambassador as among others ther are Examples in the persons of Iohn Kerby and Iohn Algore the one a London-Mercer the other a Grocer who were both arraignd convicted and condemned for killing Iohn Imperial who was Ambassador from Genoa for a Patent he had got of the King for the sole importing of all Commodities from the Levant parts I. Hill was also condemned of High Treson for killing of A. de Walton who was Ambassador c. Then the high civilities that were shewd by King Iames to the Marquiss of Inojosa and Don Carlos Coloma the Spanish Ambassadors notwithstanding their high misdemenures for calumniating the last Duke of Buckingham and through him the Prince of Wales his sole Son and Heir apparent to the Crown as it is mentiond in the next preceding Paragraph And as the Law of England is so respectful of Ambassadors so for her own she useth to furnish them with as political Commissions and Instructions and as exactly couchd as any other Kings Ambassadors whatsoever I will produce only two Examples the one ancient the other modern the first is of Ambassadors sent to the Council of Basile which runs thus Ad Concilium Basiliense sub Eugenio Papa destinati sunt per Regem Ambasciatores Oratores Episcopus Robertus London Philippus Exoniensis Iohannes Roffensiis Iohannes Bajocens Edwardus Comes Moriton Abbas Glastoneensis B. M. Eboracensis Prior Norwici Henricus Bromflet miles Dominus Vesciae Thomas Browne Legum Doctor Decanus Sarum Iohannes Coleville Miles alii Dante 's damus iis Ipsorum majori parti potestatem Mandatum tam generale quà m speciale nomine nostro pro nobis in eodem Concilio interessendi tractandi communicandi concludendi tam de iis quae Reformationem Ecclesiae Universalis tam in Capite in Membris quà m in iis quae Fidei Orthodoxae fulcimentum Regumque ac Principum Pacificationem concernere poterint Nec non de super Pace perpetua guerrarumque abstinentia inter Nos Carolum adversarium nostrum de Francia ac etiam tractandi communicandi appunctandi consentiendi insuper si opus fuerit aissentiendi iis quae juxta deliberationem dicti Concilii initi statui ordinari contigerit Promittentes promittimus bona fide nos ratum gratum firmum perpetuò habiturum totum quicquid per dictos Ambasciatores Oratores Procuratores nostros aut Majorum partem Eorundem actum factum ceu gestum fuerit in praemissis singulis praemissorum Et Hoc idem cùm de super iis certiorati fuerimus ad Nos Christianum Principem attinet executioni debitae curabimus demandaâ—…i In cujus rei testimonium has Literas nostras fiâ—…ri fecimus Patentes Datum sub sigillo nostro Magno in Palatio nostro West monasteriensi x die Julii c. We delegat to the Council of Basil under Pope Eugenius for Ambassadors and Orators Bishop Robert of London Philip of Exceter c. Giving and do herby give them and the major part of them power and command as well general as special in our name and for us to be present to treat communicat and conclude things as well concerning the Reformation of the universal Church as the Pacification of Kings and Princes and likewise of and concerning a perpetual peace and abstinence from VVar betwixt Us and Charles of France our Adversary and also to treat communicat appoint and to consent besides and if need be to dissent from such things that shall happen to be appointed and ordained according to the deliberation of the said Council Promising and we do promise in good Faith to hold for ratified acceptable and firm to perpetuity whatsoever shall be acted or done by our said Ambassadors Orators or Proctors or the greatest part of them in relation to the Premises and any part therof whensoever we shall be certified and as becomes a Christian Prince we shall have a care that all be put in due execution In testimony wherof we have causd these our Letters to be Patents Given under our Great Seal in our Palace at Westminster x Iulii c. Ther repaird to this Council also Henry Beaufort Son of Iohn of Gaunt Bishop of Winchester and Cardinal of St. Eusebius having had license to transport 20000 l. in Gold and Silver which was a mighty sum in those daies which money as the story hath it though mute yet they were moving Ambassadors The second example shall be of Robert Sydney now Earl of Leicester in an extraordinary Embassy to the King of Denmark and other Princes of Germany whose Instructions were these following CHARLES R. Instructions for our right trusty and right well-beloved Cosen Robert Earl of Leicester Vicount Lisle and Baron of Sulney our Ambassador to our dear Uncle Christian 4. King of Denmark c. VVe have preferrd you before others to this honorable Employment because we have observd your constant application to vertuous and noble courses and wold have it known to all that we esteem Titles not of those that bury them in obscurity and Vice but of such that improve their worth for publik service in VVar or Peace wherby tru Nobility raiseth it self above the common sort VVe send you to a great King whom we love and honor not only for his
de Luce was that of Charles the first of England with the Lady Henrietta Maria of Bourbon youngest Daughter to Henry the great of France In which Matches England hath had six Daughters of France and France two of England By the fourth Match twixt Ed. 2. and Isabel eldest Daughter to Philip le Bell Edward the third of England being her eldest son was Heir to the Crown of France and demanding his Right therunto he was answered La Couronne de France n'est pas lièe à la quenouille That the Crown of France was not tied to a Distaff wherunto he replyed That he would then tie it to his Sword and he was as good as his word But Henry the fifth some fourscore years after tied it faster for he reducd Charles the sixth to such terms that after his death he shold immediately possess the Crown and Kingdome of France and that in the interim the Dauphin his son afterwards Charles the seventh shold be disinherited That in the interim King Henry shold be Regent of France in regard the present King was sometimes crazd in his Intellectuals That he shold take to Wife the Lady Isabel Daughter to the said Charles All which Capitulations not onely the King but the chiefest Peers and Nobility of France did consent unto and ratifie by solemn Oath obliging themselfs further to uphold and assist Henry of England with his lawful Heirs and Successors against Charles the Dauphin whom his Father had legally disinherited Hereupon Henry the fifth dying in France a Death much too soon and immature for so brave a man his son Hen. 6. was proclaimd King of England and France in Paris In which publick Proclamation t is very observable how England had the precedence and therupon the chiefest of the Officers of the Crown and Nobles swore Fealty and Alleageance unto him divers of which Nobles grew afterwards Apostats and joynd with the Dauphin Against Edward the thirds Right the Salique Law was alledgd which they wold force and pin upon a Text of Scripture Lilia neque nent c. The Lilies neither spin c. But though King Edward had cut the Labels of that Law with a victorious sword yet it was not quite cancelld Nor indeed could it be possibly done for it was but a kind of Chymera a meer imaginary Law and one of the Authentiqust French Historians Du Haillan hath no better opinion of it They who are the greatest Champions of that Law acknowledg that it was at first a particular Topical Law made at Salem a place upon the Rhine but they have stretchd it since to all France As if the Law of Gavelkind which is peculiar to Kent and other distinct places shold be made to extend it self and be in force all England over But some ther are that will not allow any Essence at all to the Salique Law no not to be a Local restraining Law to the foresaid place neer the Rhine Therfore the same answer may be fit to be given un to the Assertors of It as was given by the Venetians to the Pope when ther happening a clash between them touching the Sea about Ancona which they alledgd belongd to the Venetian Gulf wherof they had the Dominion And the Pope demanding what warrant they had for it t was answered by a kinde of Sarcasine If your Holines please to produce the Instrument wherby the Emperour Constantine the Great passd over the City of Rome to your predecessors upon the back of that Grant your Holines will find Saint Marks Charter to the Souverainty of the Adriatique Gulph whence an Intimation was made that neither of the Charters had ever any being which may be justly applied to the Salique Law And besides that du Haillan though a French-man in the first Volume of his History confutes that Law It is confirmd also that ther never was any such Law in France by the testimony of the Duke of Burgundy who when Philippe le long was created King he openly cryed out against his Creation alledging that the Kingdom of France belonged then to Iane daughter unto Hutin King of France formerly but to stop his mouth Philip was forcd to make a Gift unto him of the Dukedom of Burgundy in dower with his eldest daughter But touching the Title of Henry the Fifth which was confirmed by Solemne Agreement and Sacramental Oaths the French found out another Evasion For it was avouchd That the Kingdom of France goeth not by Descent or Inheritance but by Succession which is grounded not upon a Law but upon Custom by vertu wherof the next of the Bloud Royal be He of the furthest degree that may be to the kindred succeedeth not as lawful Heir but as a Successor by Custom not newly invented but of long continuance even from the time of Pharamond But this new-devised Objection is refuted also by the foresaid Du Haillan one of the prime French Historiographers and a French-man born who reckons up a long Catalog of French Kings which did not succeed one another but were chosen one after another Another Objection was also suggested that Charles the sixth who made the foresaid Contract with Henry of England was no better then a Lunatique though he had somtimes Lucida Intervalla Wherunto it is answerd that at the time when that Agreement passd He had a lucid interval and was in his right wits and memory Besides the chiefest Nobility of the Realm were parties in ir and did not only consent but obligd themselfs by Oath to the performance of it Ther was a third Objection which kept a higher noise viz. That the King of France cannot alienate the Demeanes Rights Titles and Interests of the Crown without the consent and suffrage of the Assembly of Three Estates which was not had then because a great part of the Peers Nobles and others were then absent Whereunto t is answerd That in claims which go by plurality of voices it is not always necessary that all shold be present if the greater and better part of them be there specially if after Citation the rest absent themselfs For although the point that concerneth All shold be approvd by All yet as Civilians hold when some or all may approve or disallow the things which concern Them and They will not be present to shew their consent or dislike their Absence shall not prejudice the stipulation of the Contract And in this great business twixt two Kings those who were away were Traytors to Charles the sixth for they were in arms against him by taking part with the Dauphin who was in Rebellion against his Father at that time Therfore their absence could not in any respect prejudice the validity of so solemn a Contract wherupon depended Peace or War The fourth Objection carried more of pusillanimity with it then strength of proof viz. That when the foresaid Contract was made the English had almost over-run all France and that the King was coopd up in a corner of the country Therfore
great many by the Kings favor are daily ennobled Such a gallant Goverment France hath for the common Incolumity and publik defence of the Country and for the employment of the Gentry who are more numerous there then in any Kingdome els wherby the tru Rules of Policy are observd that shold be in a Monarchy which are For the King to command The Nobles to execut and The Peeple to obey and indeed the Peeple shold know nothing els but how to obey Now one of the prime Principles in France is to keep the common Peeple under a perfect subjection so that they may not be able to do any hurt And if they are kept poor hereby let them thank themselfs for if they were pamperd with wealth They wold be ever and anon kicking at Goverment for we know ther is not a more instable hair-braind Monster in the world then the Common Peeple as England of late yeers hath had such woful experience Touching the Civil Goverment of France and administration of Justice it is of that high esteem that divers Forren Princes have referrd their Causes to be determind to the Court of Parlement in Paris as a Consistory of high Reason and Integrity It stands upon record how the Emperour Frederik the second referrd the controversies betwixt him and Pope Innocent the fourth touching the Kingdome of Naples to the decision of this Court En dernier ressort to pass a Definitif unappealable Judgement The Count Namurs in a Difference twixt him and Charles de Valois did cast himself upon the verdict of this Court Philip Prince of Tarentum overcame the Duke of Burgundy in this Court touching the Expences he was at in recovering the Greek Empire The Dukes of Lorain have in divers things stood to the Arbitrament and Justice of this Court They of Cambray when they were a Free Peeple have been willing to be tryed by this Court The Confederacy also of the Kingdome of Castile and Portugal was confirmd by this Court. Now the reason why this Court gains such a high Repute is That none are admitted to sit in that Tribunal but persons of known Integrity Erudition and Gallantry which made Henry the second as Lansius hath it when by the importunity of a great Princess he had recommended one to sit there and being a person but of shallow parts and so rejected the King said merrily Ie pensois que parmy tant de Ginets un Asâ—…e pourroit bien passer I thought that among so many Ginets one Ass might have passd well enough Besides this of Paris ther are divers other Courts of Parlement and Praesidial Seats dispersd up and down the Country in such a convenient distance that the Client may not be put to make long Journies for Justice and that the Poor be not oppressd by the Rich for want of means to make such long Journies wherby they suffer the suit to fall as many use to do in England in the remotest places from London for want of such Courts I will conclude also this third Argument with some choice Verses of Ludovicus Bologninus a celebrated Civilian Francorum Reges sacro sub nomine nati Consilio semper valuerunt semper Armis Sanctaque fautores Bonitatis Iura tenentes Appellat Romana suos Ecclesia gnatos Et Primogenitos tali sunt nomine digni His Deus Imperium dedit sua Iura tuetur Unguntur sancti fiunt quicunque creantur The fourth Argument A Religione Nobilitate Ecclesiae from Religion and Nobleness of the Church SOme Authors affirm that when our Saviour sufferd upon the Cross He lookd towards France whence they infer that it was a blessed Omen that Christian Religion shold florish most in that Kingdome Moreover it is a rare and indeed an unparallelld thing that ther was in France before the passion of our Saviour a Church viz. Ecclesia Carnotensis as it remains upon good record which was dedicated Virgini Pariturae to the Virgin that shold bear as we read ther was in Greece an Altar erected 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To the unknown God This made the Emperour Iulius Caesar who had felt the pulse of that peeple more then any other to give this Encomium of them in his Commentaries Natura est omnium Gallorum admodum dedita Religioni T is the nature of all the Gauls to be much addicted to Religion As in the dark times of Paganism they were observd to be so devout so since the glorious Light of Christianity did shine upon the Flower de Luces the French Nation hath bin found to be transported with an extraordinary zeal to Religion And this Heavenly Light began to shine and shoot its Rays betimes for we read that Iraeneus one of the first Primitive Fathers was Bishop of Lions and he was Disciple to Polycarpus and Polycarpus was Disciple to St. Iohn the Evangelist by whom he was sent from Asia among the Gaules for the plantation and propagation of Christian Faith as St. Hierome relates St. Hilarius who was another Father of the Primitive Church was also Bishop of the Picts in France where he composd his excellent Works which are partly Expository partly Controversial though ther occur often some African barbarous Latin words in them as disfrocite for degenerate Zabulus for diabolus c. What a multitude of Hevenly Martyrs hath France had for in all the ten Persecutions ther were some of them signd still their Faith with their bloud In the Emperour Valerians time ther were famons French Martyrs as Florentius Bishop of Vienna Pontius Cassius Victorinus Liminius Anatolianus with others whom Gregory Turonensis mentions and whose names are enrolld in the Catalog of Saints to all posterity And this was a little before the unluckly Novatian Heresie crept into France and infected divers other Countries Nay to go higher up and to the very source of Christianity ther are some Authors who avouch that St. Paul was in France and that the chief Church in Vienna was built by him as this ancient Verse there engraven shews Paulus praeco Crucis tibi dat primordia Lucis Ther be other Authors who affirm that St. Peter also was in France And that ther landed at one time in Marseilles Lazarus Mary Magdalen Martha and Marcella as it is recorded in a Manuscript of the English History in the Vatican wherof Baronius makes mention And about that time Ioseph of Arimathea that Noble Decurion passd through France into Britain with the foresaid Marcella who was she that is mentiond in the Gospel who being divinely inspird cryed out with a loud voice when Christ was preaching Happy is the womb that brought Thee forth and the paps that gave Thee suck Spencaeus also makes mention that St. Luke was in France As also Savinianus one of the 72 Disciples and Martialis another of them who some do affirm to be He who sold the five Barly Loaves and the two Fishes wherwith our Saviour fed five thousand And if the Holy Reliques of
whom I refer the Reader We will conclude this Paragraph with some further inspections into the Laws of England concerning Ambassadors In the 13 of Queen Elizabeth it was gravely debated in the Bishop of Rosse his case who was Ambassador here for Scotland An Legatus qui Rebellionem contra Principem ad quem Legatus concitat Legati privilegi is gaudeat an ut hostis poenis subjaceat Whether an Ambassador who raiseth Rebellion against the Prince to whom he is sent is to enjoy the privileges of an Ambassador or whether he is to lie under a punishment as an Enemy It was resolved by all the Judges of the Land that he had lost the privileges of an Ambassador and was punishable by the Law of the Land Herupon Mendoza the Spanish Amdassador was commanded away because he fomented a Rebellion c. Moreover as my Lord Coke hath it and therin he agreeth with the Civilians If an Ambassador committeth a delect contra Ius Gentium as Treason Felony Adultery c. he loseth the privilege of an Ambassador and may be punished in England as any privat Alien and not to be remanded but upon courtesie But committing any thing against the privat Municipal Law and Customes of England which is not Malum in se Iure gentium He is not punishable The breaking of Truces and Safe-conducts was once High Treason by the Laws of England but that was mitigated 2 Hen. 5. Furthermore my Lord Coke holds in his fourth Institut That if one be namd but Agent in his Credentials from a King yet he is an Ambassador The ninth Paragraph Concerning the wise Compliances and Witty facetious Sayings and Carriage of divers Ambassadors during the time of their Negotiation c. AS it is a principal quality in an Ambassador to be serious abstruse and reservd in the discharge of his Function so it is a mighty advantage for him to be Witty as well as Wise to be facetious and play the Drol sometimes for the Italian says Non è saggio chi non sà esser pazzo He is not wise who knows not how to play the Fool sometimes Apt pleasant and sudden Reparties discover a great deal of wit An Ambassador being sent to the King of Morocco whose Law we know is not to eat Swines Flesh be brought him Letters wherin all his Titles were not given him The King said Sus has Literas peperit A Sow begat these Letters The Ambassador suddenly answerd Ne iis Vescaris It was done that you shold not eat them The Town of Agrigentum as Herodotus reports having sent Gellias a very hard-favord man Ambassador to Centuripe a low dirty Town in Sicily and being jeerd and stard upon at his audience he answerd Ne Miremini Centuripini ut Urbes sunt ita Cives mei Legatos mittunt pulchros ad pulchras deformes ad deformes Do not wonder O you of Centuripe at me for my Masters of Agrigentum send their Ambassadors as the Cities are Faiâ—… to Faiâ—… Foul to Foul. Don Pedro de Toledo being employd Ambassador to Henry the 4. of France ther were many traverses between them at one privat audience and Don Pedro magnifying much the power of the Spanish Monarchy King Henry said That it was much like the Statue of Nebuchadnezzar composd of divers peeces but having Feet of clay Don Pedro then replying somewhat high the King rejoynd that if he were provokd he wold carry flames even to the Escurial and if that he once mounted he wold be soon in Madrid Don Pedro answerd Indeed King Francis was there meaning Francis the first who was taken at the Battail of Pavia and remaind Prisoner in Madrid divers yeers The King going on further to tax the King of Spain for usurping divers Countries of his and namely the Kingdome of Navarre which he might live to recover Don Pedro answerd That the Iustice wherby the King his Master held Navarre wold help him to defend it The King replyd Your reason is good till I be in Pampelona Don Pedro therupon rising hastily and going towards the door The King askd whither went he so hastily He answerd To provide entertainment for your Majesty at Pampelona A French Ambassador Monsieur de Tilliers as I take it residing here and being invited one day to Dine with King Iames the King being well disposd began a Health to him saying The King of France drinks the French Kings Health The Ambassador answerd as pleasantly Le Roy mon Maitre est bon Lieutenant Il tient bien la France de Luy The King my Master is a good Lieutenant he holds France well from him But of any that I have heard or read of Don Diego de Acunia Count of Gondamar had an extraordinary faculty this way and besides he had well studied the Genius of King Iames in whose Raign he resided here how he was pleasd with sudden plesant Reparties therfore he did Seria jocose he did dispatch serious things in a merry way When Sir Walter Rawleigh was gone with a Fleet to Guiana and when news was broght that he had taken San Toma plunderd the place and killd the Governor which was as some say beyond the bounds of his Commission wherin he was restraind from doing any Acts of hostility upon the firm Land Gondamar came early one morning to the King desiring to speak but only one word to his Majesty being admitted he cryed out Pyratas Pyratas Pyratas intimating that Sir Walter Rawleigh was turnd Pyrat but that word was so fatal that it took off Sir Walters head though upon an old score Another time having discoursd of many things with the King in a privat audience in French the King askd him whether he understood Latin or no Yes Sir said Gondomar I understand it and speak it Discoursing afterwards in Latin of divers things in a free and facetions way it happend that Gondamar spoke false Latin once or twice the King smiling said How comes it to pass that you being an Ambassador to so great a King who shold be exact in all things how comes it that you break Priscians head so often Gondamar replyed Sir I speak Latin like a King and your Majesty speaks Latin like an Ambassador Count Gondamar having bin outragd by the Rabble in London who threw Tobacco-pipes into his Litter and did him other affronts coming after to have a privat audience and the King taking notice of it he said La Harina de Ingalatierra es muy delgada y fina pero el afrecho es muy grossero Sir the Flowre of England meaning the Gentry is very fine but the Bran is very coorse meaning the common peeple Another time being to dispatch a Courrier to Spain and the old Countess of Buckingham being then in extraordinary high favor that most Suters made their address unto her he writ in a Postscript to Count Olivares That ther were never greater hopes then now that England wold turn Roman Catholik for the Mother was more worshippd
then the Son Count Gondamar being invited another time to Dine with the Reader at Grayes Inne at which time the Palsgrave was newly come to Prague among other Healths ther was one begun to the King of Bohemia He pledgd it very merrily and thankd the Reader with the rest of the Company for it was the first time that ever he pledgd the Emperours Health in England Having another time dispatchd an Express to Spain and the weather having continued dark and clowdy in London for many days the Post having receavd the Packet and taken his leave Count Gondamar commanded and told him I forgot one thing I prethee when thou art come to Spain commend me to the Sun for I have not seen him here a great while and I am sure thou wilt meet with him there King Iames having granted leave to Count Gondamar to raise Volonteers to Flanders for the service of the King of Spain under my Lord Vaux and soldiers coming but slowly to the sound of the Drum Gondamar coming a little afterwards to Court the King askd him what number of soldiers he had levied He answerd Truly Sir I can have but few soldiers but thousands that wold be Captains though they were but common soldiers before I will conclude with Count Gondamar in this very witty passage when he was to take his leave of England in his last Embassy the King sent to my Lord Mayor of London to invite him to Dinner which he did with much solemnity having bid the chiefest Lords of the Court to bear him company At first the Lord Mayor after other Complements told him My Lord Ambassador your Excellency me thinks begins to grow very gray Yes Sir said he but my Lord Mayor we have a Proverb in Spain Canos y Cuernos no Uienen Porannos Gray Hairs and Horns come not by yeers Being sate at Table the Lord Mayor began divers Healths at last Gondamar calls for a good Glass-full of Canary and said You are the greatest Magistrat in the world for you give place to none but to your own King as I hear and you live also as plentifully But now that you have made so much of me that having pledgd so many Healths you put me in a Jovial humor I crave leave of these Noble Lords and you to begin a Health or two and the first shall be to the King of Spains Mistress so the Health was drunk round Then he took another Glass of Canary and began a Health to the King of Spains Wife which also passd round among the Lords and Aldermen Then standing up He thankd them all with many Complements and said I will now discover who these two Ladies are The King of Spains Mistress is the East-Indies and his Wife the West-Indies Ther 's none so fond of a Mistress but that if a Frend hath a favor of her he will connive at it as you my Lord Mayor and these worthy Aldermen whom I have in my eye use to have of the East-Indies But my Masters Wife is the West-Indies which he desires to have soly to himself according to the Law of Nations Therfore I pray you my Lord Mayor and these Noble Aldermen do not offer to meddle with the King my Masters Wife We will now proceed to a few others An Ambassador Extraordinary being sent by an Italian Prince to the Emperour that he wold confer the Title of Serenity upon his Master as he had done lately upon divers other Princes But being to depart Re infectâ and taking his leave of the Emperour that morning and the weather being foul and very tempestuous he askd what was the reason he wold begin his Journey upon such stormy weather He answerd Ilne faut pas craindre la Tempeste puis que votre Majesté à remply le monde de tant de Serenité One ought not to fear Tempests since your Majesty hath filld the world with such Serenity Don Pedro Andrea being sent Ambassador to a Prince whom he had offended so far that he threatned to have his head cut off He answerd Sir my dead head will do you more mischief then now that t is living Francisco Marco being sent from Genoa to Galeazzo Duke of Milan but being delayed audience and St. Iohn Baptists day being come who was Protector of Milan he presented the Duke with a Golden Vessel full of Basilique Being askd the reason he sent word that the Genouois have the property of the Herb Basilique which if one handle gently it will yeeld a sweet smell but if it be rubbd and trod upon it it will engender Serpents And this witty passage conducd much towards the ending of the differences which were then a foot The Samnits being pressd hard by the Romans they sent Ambassadors to capitulat who said Noble Romans you are grown too strong for us therfore if you propose moderat terms we will observe them eternally if otherwise we will observe them no longer then till we have opportunity to break them That Ambassador wanted no wit who being in a Pagan Country and standing in the way where the great Idol whom all were to worship which passd by he let fall his Ring and as he bowd to take it up t was thought he adord the Idol The Ambassadors of Portugal and Poland being at Sigismund the Emperours Court and ther being always competition between them for Precedence of Session they met casually at a place where the Portugais having come before he was got into the upper Chair The Pole rising up and making a step forward in a posture as if he wold speak with him and the Portugais coming towards him he whippd behind him into the upper Chair and so kept it We will conclude this Paragraph with the two Ambassadors of Perugia sent to Rome wherof the one was witty but the other not so wise Being admitted to the Pope who was then very sick a bed one of made them a long tedious Speech wherof the Pope had shewn signes of distast Therupon the second said Most Holy Father our Commission implies that if your Beatitude will not suddenly dispatch us with satisfaction my Collegue shold recommence his Speech and pronounce it again more lesurely The Pope was so taken with this that he gave order they shold be presently dispatchd The tenth and last Paragraph Of the extraordinary Prudence and Reservedness the Stoutness and Gallantry of divers English Ambassadors c. WE will begin with that Grandee of his time Cardinal Wolsey who went over to France upon an Extraordinary Embassy and he had to attend him though not in joynt commission Cutbert Tunstal Bishop of London the Lord Sands late Chamberlain to the King the Earl of Derby Sir Thomas Moore Sir Henry Guilford with other Knights and Gentlemen of great rank to the number of a thousand two hundred horse for after a short transfretation from Dover he had so many in his train when he went out of Calice The French King Francis 1. in