Selected quad for the lemma: england_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
england_n great_a king_n philip_n 3,390 5 9.0449 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A44749 Proedria vasilikē a discourse concerning the precedency of kings : wherin the reasons and arguments of the three greatest monarks of Christendom, who claim a several right therunto, are faithfully collected, and renderd : wherby occasion is taken to make Great Britain better understood then [sic] some forren authors (either out of ignorance or interest) have represented her in order to this particular : whereunto is also adjoyned a distinct Treatise of ambassadors &c. Howell, James, 1594?-1666. 1664 (1664) Wing H3109; ESTC R21017 187,327 240

There are 35 snippets containing the selected quad. | View lemmatised text

prolifical when they are past fifty years And for the Men it wold be Registred for a Miracle in Spain or France to finde ten men of a thousand years one with another as were found in Hereford about 60 years since within two miles compass of the town who were so vigorous strong and spriteful that they danced the Morice-dance in the Market-place for many hours with a Maid-Mariam of a hundred and three and a Tabourer of a hundred and five years old From the Fertility and Generousness of the Earth may proceed also the extraordinary Courage and Hardiness of the Peeple which hath been so well known and felt in other Countries beyond the Seas as the Examples in the former Paragraph do prove at so many signal and difficult famous Battails where the English Army was never half so numerous in any they got no not somtimes the third or fourth part in number to the Enemy and such an esteem they had in France that as their own stories relate when the Duke of Britany or Armorica was to encounter the French Army in a Battail he thought it a Policy to clothe a whole Brigade of his Soldiers after the English mode to make them appeer the more formidable to the French Nor doth that Primitive innate Courage languish a whit or decline in them as some think the World doth as we find it hath done in other Nations as the Iew and Greek with others but it continueth still at the same height as it appeerd in the year Eighty eight by Sea as was said before and in several Exploits in the Low-Country Wars as Newport the Retreat before Gaunt c. by Land Likewise by fresher Examples in the late Civil Wars twixt King and Parlement and since wherin the Power Strength and Wealth of England was never more discovered For the late usurper having such a Command over the Peeples purse and never wanting money made Spain and France strive who shold be his Confederat as also the Hollander the Swed and others I say in those times the ancient stoutness of the English appeerd in many Traverses of War as at Dunbar in Scotland and by Sea against the Hollander who were beaten and batterd into a Peace What a hazardous peece of service was performed when we invaded Barbary at Tunis but especially that desperat Exploit Blague did at the Canaries The French King confest that the Brigade of English before Dunkirk commanded by a little bold Britain though not the fifth part of the Army did contribut most to the late taking of that strong Praedatory Town And the King of Portugal acknowledgd that in this years great Defeat 1663. he gave Don Iohn of Austria neer Ebora that Brigade of English who servd there though not much considerable in number did perform the toughest part of the service and first shewd them the way of using the Rests of the Musquet to knock down the Enemy which made the French-men cry out Faisons comme les Anglois Let 's do as the English The Sixth Paragraph Touching the Ancient and Long-lind Extraction Decendency and Bloud-Royal of the Kings of Great Britain c. THe Races of Kings may be said to be like great Rivers that stream out into divers large Channels and Arms which become great Rivers of themselfs afterward Or like huge Trees which use to stretch their Branches beyond the Ocean where being inoculated and graffd they make divers other Royal Trees to sprout out of them in Forren Soyls Ther were divers Royal Ingraftings of this kind that Great Britain had with the chiefest Potentats and some of them Imperial The first was before the English took footing here between the Emperour Constantius and Helene a Britain born and Mother to Constantine the Great the first Christian Emperour for this Iland was held in such high esteem by the Roman Emperours when they had almost all the world besides that divers of them kept their Courts here among whom Severus and Constantius died at York which City may deservedly vaunt of two things viz. that two Roman Emperours were buried and a third born in her viz. Constantin the Great After the Saxons came this Iland also continued in such a repute that Ethelwolph Son to King Egbert Anno 830. married the Lady Iudith calld the Fair for her extraordinary Bewty and Daughter to the Emperour Charles le Chauue Granchilde to Charlemain The Emperour Otho the Great married the Sister of King Athelstan whose friendship was so much sought by all his Neighbouring Kings that they wooed for it by rich Presents which made the King of France send him the sword of Constantin the Great in the Hilt wherof ther was one of the Nails that fastned Christ to the Cross He sent him also the Spear of Charlemain The King of Norway sent him a curious Ship with a Gilt Stem Purple Sayls and the Deck garnishd all with Gold The Emperour Otho his Brother-in-law sent him a Vessel of precious stones artificially made wherein were Landskips with Vines Corn and Reapers so much to the Life that they seemd to move and act c. Ther have been eight Nuptial Conjunctions twixt Great Britain and France besides the Scots alliance with that Country The first was about the yeer 900. twixt Charles the first of France and the Lady Ogine Daughter to Edward Son to King Alfred that admired Saxon King who is so famous in story for divers signal things for He cleerd the whole Kingdome of the Danes who had so much infested and harassd it He Founded the University of Oxford Anno 895. He was the first who divided England into Shires Hundreds and Weapontakes He divided the Natural Day also into three parts eight hours for Recreation and matters concerning his Health as sleep c. eight hours for Meditation and exercise of Piety and eight hours in Council and the publick Affairs of his Kingdome He Founded also Shaftsbury-Abby Winchester-Church and Eldinsey-Monastery The second Marriage with France was twixt Hen. 3. of England and the Lady Margaret Daughter to Lewis the seventh of France The third was between Edward the first that great Hero of his time and the Lady Margaret Daughter to Philip the Hardy of France The fourth twixt Edward the second and the Lady Isabel eldest Daughter to Philip le Bell King of France Mother to Edward the third of England who by right of her claimd and carried afterwards the Crown of France The fifth was twixt King Richard the second and the Lady Elizabeth Daughter to Charles the sixth of France but she was but his second Wife for his first was the Lady Anne Daughter to the Emperour Charles the Fourth The sixth was between Henry the fifth of England and the Lady Katharine another Daughter to Charles the sixth of France The seventh was twixt Lewis the twelfth of France and the Lady Mary second Daughter to King Henry the seventh of England The eighth and last Inoculation twixt the Rose and the Flower
appeer in a fitting equippage all which consumes time as also what high ceremonies are to be usd in so solemn an action Philip Comines who always dismisseth his Readers wiser then they came gives special Cautions for this Affirming that the congress of Souverain Princes in regard of the various circumstances that attend it is a meer folly it is exposd to emulation jelousies and envy as also to delays and retarding of things by needless solemnities He makes an instance in the personal Encounter which the Kings of England and France had where it is observable that he puts England before France adding further that Lewis the eleventh though a politik wise King was much afraid before-hand that some word might slip from him which might give offence or some advantage to the King of England or his Ministers Herunto he adds an infortunat Journey that the King of Portugal made to the said King Lewis for assistance against the Castilians which perhaps he might have procurd by a discreet Ambassador which makes him give a caution touching this point Bien tard ●…n Prince se doit mettre soubs la main d'un autre ni aller cercher son secours en personne A Prince shold hardly put himself under the hands of another or go seek aid of him in person Paulus Emilius also describing the personal meeting that was between King Richard of England and Philip Augustus of France who also in the relation puts him of England before France saith that their often Conversation and Colloquies did much retard and disadvantage the great business of an Expedition to the Holy Land We will adde herunto the memorable example twixt Matthias King of Hungary and Uladislaus King of Bohemia who after a long War were to meet for concluding a peace in Olmutts in Moravia where Matthias meerly out of state made Uladislaus stay for him 15 days Moreover Matthias came with a green Garland about his temples in policy that he might not uncover his head Uladislaus therupon causd his Cap to be so girded and knotted about that it could not be taken off Sic Ars d●…luditur arte But ther is a Modern Example far more pregnant then any of these of Charles the first King of England whose Journey to the Court of Spain though the designe was Princely and Noble in it self for it was to endear himself the more to the Lady Infanta yet it provd very disadvantagious for it distracted and retarded the whole business both of Match and restitution of the Palatinat when by the negotiation of Ambassadors it had bin brought to such a passe of perfection that it had taken effect had not the Prince come thither which gave occasion for the two great Favorits Buckingham and Olivares to clash one with another which broke the neck of so great a Business that had bin a moulding above ten yeers which had it bin left to the sole management of Ambassadors had in all probability bin consummated Thus we see how absolutly requisit and necessary how advantagious and essential Ambassadors are to a Kingdom or Common-wealth which made the Roman Orator say Sentio Legatorum munus tum Hominum Praesidio munitum esse tum etiam Divino Iure circumvallatum I ●…old the function of Ambassadors to be fencd by mens power and fortified by Divine right We will conclude with a Cannon of the Civilians Legatorum munus perquam utile est ac perquam necessarium The Office of Ambassadors is most 〈◊〉 and most necessary which makes the Spaniards call it Santo Officio y Ministerio de los Angeles The holy Office and Ministry o●… Angells The third Paragraph Of the Antiquity the first Rise and Pedigree of Ambassadors as also of their Dignity high Honor and Pre-eminence and who are capable to qualifie and employ Ambassadors FRom the Necessity of Ambassadors we will proceed to their Antiquity and surely they must needs be very ancient if they are so necessary Some draw their antiquity from Belus the Father of Ninus but Iosephus makes them more ancient and refers their Original to God Himself who was pleasd to create the Angels for this Ministry Therfore Embassy in Greek is calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as being derivd by imitation from the Hierarchy of Angels who are made the Ambassadors of the great King of Heven upon extraordinary occasions either for revelation of the successe of Kingdoms as the Archangel Gabriel was to Daniel Or for the declaring of some rare and signal thing as He was sent also to the Blessed Virgin of the Conception of our Saviour c. Now ther is no Order or Government in this lower World as well Ecclesiastical as Secular but it is had from the Pattern of the higher in regard that God Almighty created the Elementary World and appointed the Government therof to conform with the Architype and chief Pattern or Ideal Form of the same conceavd at first in the Divine mind and prescribd to the Hevenly Kingdome Herunto alludes the Fiction of the ancient Pagans For Aristides tels us that in the first Age of the World wheras Mankind was infected by Brute Animals wherof some were far stronger others swifter others were Venemous which made Mankind become often a prey to Birds to Beasts and Serpents Prometheus being sollicitous and studious for the safety of the humane Creture became Ambassador or Orator to Iupiter for declaring the misery of Mankinde Herupon Iupiter resolvd to send his son Mercury to teach Man Rhetorik that is to speak well and movingly but with this restriction that he shold not communicat this Art to all but to the excellentst the wisest and valiantst sort of men By means herof they came down from the mountains and forth out of Caves and places of fastness and by means of that Art of Rhetorik or Eloquence they united themselfs to civil Societies and coalitions Hence it may be inferrd that Mercury the God of Eloquence was the first Ambassador and he is painted with wings on his heels to denote expedition Besides he carrieth a white Wand calld Caduceus in his hand encircled with two Dragons greeting one another which signifieth that his Office is to make Peace Alliances and Legues as also to de nounce VVar which is intimated by the immanity of the Dragon Having thus displayed the Antiquity we come now to the Honor of Ambassadors and questionless they must needs be very honorable being so ancient Royalty may be said without prophaness to be a Ray of Divinity and Honor is a Ray of Royalty The first is derivd immediatly from Heven the other from Earthly Kings who are calld the Fountains of Honor. Now the reflections of this second Ray falls no where so directly as upon Ambassadors who represent and personat Souverain Princes which makes their Houses Sanctuaries and their Persons so sacred inviolable and excellent and they have this high honor given them not only for their own sakes and their Masters but as they are Instruments of
in the I le of Britain Just according to the ancient Greek Poet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Many Lords are not good let there be but One. Now from that time to this the King of Britain had and hath as Souveraign and incontroulable a sway as any 'T is true that he admits others sometimes to share with him in Counsel but not in Power by a kind of Influence he gives Light and Command to others but he himself receives none from any In the Neighbouring Monarchies it cannot be said so and particularly in France and Spain where it may be said ther is Regnum in regno ther is another Power à Legatus de latere that in a Court of Plea sways ore the Ecclesiastiques who make a considerable part of the Peeple Touching the latter the King of Spain is Feodary either to the Pope the Emperour or to France for all the Countries he hath The Kingdomes of Navarre and Granada were made Feodary to the Pope under Iulius the second Aragon to Innocent the third as also Sardinia in formula fiduciae Sicilia is relevant from the Church as also both the Indies and the Canary Ilands For the Kingdome of Naples and Calabria he sends a Mule with a Purse-full of Gold as a Heriot to Rome evry year for fear of an Excommunication the next day at the receit whereof the Pope says Sufficiat pro hac vice He holds the Dukedome of Milan from the Empire and most of the Provinces in the Netherlands from France whereof he is a double Peer as he is Duke of Burgundy and Earl of Flanders Now 't is questionable among the Civilians whether a Feodary or Homager may be call'd an Absolut Prince specially when Appeals may be made from him to another Court as the Spanish Clergy may from the King to Rome in divers cases The Kings of ENGLAND are free from Subordinations of that kind as the Fundamental Laws of the Land and all the ancient Learned Judges do evidence 'T is a Principle in the English Laws which is confirm'd by Baldus and other great Forren Jurists That Rex neminem habet in Dominiis suis nec Superiorem nec Parem The King in his own Dominions hath neither Superior nor Equal He may be said to be both Caesar and Pompey There is another Omnes sub Illo Ille sub nullo All under Him He under none Another yet Satis habet Rex ad poenam quod Deum expectet Ultorem 'T is enough for the King that God is to be his Judge which is expressed in this Distic Subditus in Regem peccat Legemque Fidemque At Rex in Solum Rex quia nempe Deum Ther are divers others that are conducing hereunto As The King must not be put to do any thing per aspertè but of his free plesure The King never dies but the Heir apparent is King Inchoative as soon as the former dies and the Coronation is but a meer Ceremony not Essential for divers Kings as Hen. 5. and others had Alleageance sworn unto them before they were Crowned There are more Maximes yet That the King can do no wrong but his Ministers may through whose mouths he pronounceth sentence Moreover Nullum tempus occurrit Regi Ther 's no Immemorial or Prescription against the King It is High Treson not only to contrive but to imagine ill against the King By the Kings Prerogative Life it self may be leased c. But that Traverse twixt King Iohn and the Legat Pandolpho when they say he transferred the Crown to the Pope is much insisted upon wherunto t is thus answered That ther are four great things whereof the Records cannot be found The first is that wherin the Emperour Constantine gave Rome to the Pope The second is that wherin Venice hath the Dominion of the Adriatic or Illyrian Gulph The third is the Salique Law The fourth is that Instrument wherby King Iohn pass'd over his Crown and made the Pope Lord Paramount of England Sir Thomas More who was so far devoted to Rome that he is canoniz'd for one of her Martyrs denieth absolutly that King Iohn either did or could make England Feudetary to the Pope because without the consent of his Barons an Act so much prejudicial to his Royal Successors was not valid and that the Peter-pence which they hold to be a Tribut relating to the foresaid Act was but a meer Alms which was given by King Ina 500 years before Moreover put case ther had been such an Act yet it stands upon good record that Innocentius the third did give a Release in these words Per Praeceptum Domini Papae 7 Iulii Homagium relaxatur omninò The Rome-scot also was but Regis larga benignitas the Kings bountiful kindness Adde hereunto that when the Pontificial Power was here at the highest pitch no Legat de latere was allowed but the Archbishop of Canterbury his Subject who by his Dignity is perpetual Legat de latere He is Legatus natus as he of Toledo is in Spain and the Primat of Armagh in Ireland and in point of Precedence at the Council of Clermont anno 1096. a Prerogative was given him for ever to sit at all general Councils at the Popes right foot Pope Urban at that time declaring in these terms Includamus hun●… in Orbe nostro tanquam alterius Orbis Pontificem Maximum Let us include him in our world as Pope of another world 'T is true ther have been other Legats de latere upon extraordinary occasions admitted but it was with the Kings leave and with this Proviso That he hath no Authority to hold Plea in the Realm prejudicial to the Laws thereof or derogatory to the King Thus it appears that no Extern power hath any thing to do in Great Britain and as the Pope so the Peeple neither whether consider'd Diffusively Collectively Representatively or Vertually partake any thing of the Souverain Power ther is no power either Co-ordinat Co-equal Corrival or Collateral with it The Kings of England have had always by the known Laws of the Land a pure underived Power not depending upon Pope or Peeple or any other Prince whatsoever They are Kings by the Grace of God which implies no earthly Dependency It stands upon good record how King Ina in the Preamble to his Laws for he was a great Legislator begins I Ina by the Grace of God King c. and this was above a thousand years ago about two hundred years before Charlemain in whose time that stile of Dei Gratia came first in use in the Empire And as on Land the King of Great Britain hath such a Latitude and Independence of Supreme Power so by Sea he hath the like which is such that without disparagement much less any injustice to any I may avouch no other Prince hath the like The greatest claim of Sea-Dominion that France makes is to the Coasts of Armorica or little Britany and a few Leagues in the Mediterranean The Spanish Laws are for the
community and free use of the Sea challenging no Dominion at all Ther are divers States in Italy that claim a particular command and propriety in some Seas as the Duke of Tuscany challengeth a Dominion of the Tyrrhene Sea the State of Genoa of the Ligustique Venice claims a right to the Adriatic as symbolically to a Husband for she marries him upon Ascention-day evry yeer the Duke going in procession with great solemnity in the Buantoro to that purpose and throwing a Ring into the water and She hath power to do in that part of the Sea which she calls her Gulph as much as she can do in Venice it self in point of laying Impositions and Gabels and to cause what Mercantile ships she please to unlade their Cargazons at the City of Venice it self God and Nature hath much favoured the King of Denmark with the command of a Neck of Sea I mean the Sound for it is the strongest Sinew of his Crown by the Tolls he receaves of those who pass and repass into the Baltik He commands also at large the Norwegian or Hyperborean Sea But among all if we observe his Title the King of Portugal hath a greater Maritime command then all these which Title runs thus Dom Manuel por Graca de Deos Rey c. Senhor de Guinee da Conquista Navigacaon Comercio d' Etiopia Arabia Persia da India à Todos c. Don Emanuel by the Grace of God King c. Lord of Guiney and of the Conquest Navigation and Commerce of Ethiopia Arabia Persia c. These are the Princes who have most command of Sea but they command only the Strands and Ports or Maritime Tract They cannot be said to command the Sea it self as the King of Great Britain doth for he commands no less then four Seas which are circumfluent about his Territories and the Law says The Sea is of the Ligeance of the King as any other thing He is Protector as well as Lord of them He takes both the Dominion and Defence of them also he scowres and secures them from Pyrats and Praedatory Rovers He makes all ships whether Merchants or Men of War Forreners or Subjects to dash their Colours and strike their Topsayls not onely to his Castles but to any of his ships Royal as they pass and repass Which mark of Dominion the Republic of Venice hath not though she also hath her Gallies always in cours to scowre and secure the Gulph from Cursaries and Robbers which is one of the chief Regalia's St. Mark hath though the Sea she thus commands be scarce 30 Leagues in extent for it is but fourscore Italian Miles Nor doth the King of Great Britains Dominion terminat in his own Seas but as most Civilians hold it extends as far as the shoares of his Transmarin Neighbours and as far North as the Artic Circle which Grotius did once acknowledg and publish to the world though another Caprichio came into his head afterwards in the Panegyrike he sent King Iames at his Inauguration when he says Rerum Natura Creatrix Divisit populos metas ipsa notavit Sic juga Pyrenae sic olim Rhenus Aspes Imperii mensura fuit Te flumine nullo Detinuit nulla nimbosi verticis arce Sedtotum complexa Parens hic terminus ipsa Substitit atque uno voluit sub limite claudi Te sibi seposuit supremo in gurgite Nereus Finis hic est qui fine caret Quae meta Britannis Littora sunt aliis Regnique accessio tanti est Quod ventis velisque patet We will put a period to this Paragraph with a Request to the Reader That having well weighed the Power of the King of Great Britain and joyn'd that of the Sea with the Land as also the Reasons of the preceding Paragraph with this to judge whether it be fit that He shold go or come in the Arriere to any King whatsoever We will now to the third Paragraph Touching the Eminence and Royal Dignity the State Grandeur and Titles of the King of Great Britain Corsetus a known and well-accounted Author divides Kings into Illustres and Super-Illustres He gives the King of England the second place among the Super-Illustres and one of the Reasons are that he is an Anointed King whereas the King of Spain and others are not unless the King of Spain may claim it as he entitles himself King of Ierusalem and Sicily for besides the Kings of England and France they two are onely capable of being Anointed The King of England hath a Gift also to cure the Strumatical Disease call'd therefore in England The Kings Evil ab effectu sanationis whereas in French 't is call'd Les Ecrouelles and Los Lamperones in Spanish c. Some have written that the King of England hath a Vertu to cure this Disease as he is King of France but that 's a vulgar Error for King Edward the Confessor was us'd to heal that way which was 300 years before Platina makes the King of England Filium Adoptivum Ecclesiae the Emperour Filium Primogenitum and the French King Filium natu minorem One the Adopted Son the other the First-born the third the Cadet or younger Son Volaterranus is related by Philippus Honorius in a well-known Work of his call'd Praxis Politicae prudentiae anno 1610. that Iulius 2. gave the Precedence to the English Ambassador before him of Spain Hen. 2. was King of Ierusalem and Edward 3. was made Perpetuus Vicarius Imper●…i which is no mean Title The Spanish Ambassador never questioned the Precedence of the English Ambassador till in the Council of Basile and touching the Contest twixt them in the Council of Constance ther was at Lovain Anno 1517. a Book entituled Nobilissima disputatio super dignitate magnitudine Regnorum Britannici Gallici habita ab utriusque Oratoribus in Concilio Constantiensi where you see he puts Britains King before the French in the very Frontispice and the chiefest Reasons asserted therein are found in this Discours Hen. 6. employed Thomas Polden Bishop of Chichester with others in quality of Ambassadors to the Council held at Siena to claim his session otherwise he would protest and poursue the Protestation In the Raign of Hen. 6. ther was a Public Instrument put forth by Ericus King of Sweden and Denmark wherein he puts England before France which Instrument ●…uns thus Caveant omninò Mercatores alii quicunque homines subditi Reg. Angliae Franciae ne de caetero sub poena amissionis vitae Bonorum visitare praesumant Terras Islandiae Finmarchiae Halghalandiae seu alias quascunque Terras prohibitas aut Portus illegales in Regnis Daniae Sueciae Norwegiae An authentic Copy of this Instrument was brought by the Danish Ambassador to Breme 1562. and shew'd to the English Delegates there at that time from Queen Elizabeth about the great business of the Hans Towns In the Capitulations of Peace twixt Hen. 7.
Christ. Catholicae Ecclesiae Episcopus ss Then his Seal or Signet engraven within Sanctus Petrus † Sanctus Paulus and this Motto about Ad Dominum cùm tribularer clamavi Exaudivit Me. Then the subscription of 27 Cardinals on both sides of the Signet the Cardinal Bishops on the right-hand of the Signet and close to it then on their right-hand the Priests-Cardinals and on the left side of the Signet as it is accustomed in all Bulls and other Public Instruments the Deacon-Cardinals have their place and precedence King Henry's Book against Luther was presented to the Pope in full Consistory by Sir Iohn Clerk then Ambassador at Rome for the King with a long solemn Oration the Original of which Book is yet to be seen in the Vatican at Rome with this Inscription written with King Henries own hand Anglorum Rex Henricus Leoni X̄ mittit Hoc Opus Fidei testem Amicitiae Henry King of the English sends this Work to Leo the Tenth as a Witness both of Faith and Friendship And as the Kings of England themselfs have such super-eminent Titles so their First-born Sons have a Title not inferior to any Royal Heir apparent in Christendome which is Prince of Wales and this Title is many years more ancient then that of Dauphin in France Moreover whereas other Kings Sons come so naked to the world that they have not of their own wherewith to buy them Clouts or pay their Nurses but what they have from their Parents The First-born of the King of England ipsissimo instante the very same instant that he is born is Duke of Cornwal and is presuppos'd by the Law to have Liv●…ry and Seisin then given him of the said Duchy with all the Lands Rents and Honors therunto annex'd T is tru that the conferring of the Title of Prince of Wales depends meerly upon the Kings Plesure which was done out of a Political consideration to keep the Kings first Sons still in awe and within the bounds of a greater Obedience Nor is there any Queen also lives in a greater State and Dignity or hath more Prerogatives and greater Joyntures then the Queen of England For though Aliens at first and still under Couvert Baron yet they may pourchase Lands by Fee-simple They may make Leases and Grants without the King They also must be petitiond unto first before any can implead them in point of right We will proceed now to the fourth Paragraph Touching the Martial Exploits and Achievments which the Kings of Great Britain have performed from time to time c. TO proceed in this Paragraph we must make Retrosvects a far off we will begin with Brennus that bold Britain who in the Government of Consuls took and sack'd Rome 364 yeers before Christ and did notable feats afterwards in Greece and Asia insomuch that the Welch in honour of that Heroe their Country-man call a King from his Name Brenin to this day Cataracus overthrew a mighty Army of the Romanes and Boadicia slew 70 thousand of them in one Battel as their own stories declare King Arthur is rank'd among the Nine Worthies for he discomfited the Saxons in twelve several Battails and erected the first Order of Knighthood There was one English King and three Kings Sons went to the Wars of the Holy Land What Exploits did Richard coeur de Lion perform there so much to the envy of the King of France who therfore returnd before him He conquerd the Iland of Cyprus where Marrying Berengaria he transferrd the Kingdome to Guy Lusignan who had right to the Crown of Ierusalem which in exchange he resignd to King Richard But the French are they whom the English did so often rout subdue and subjugat with the Grey-goose Wing wherwith they did so often penetrat the very heart of France in so many glorious Victories that can be hardly paralleld take all circumstances We will instance in some of the most famous and begin with that of Cressy the first great Battel The Battail of Cr●…ssy in France That Heroyk King Edward the third having been provoked by divers Affronts that Philip of Valois the French King had offe●…'d him goes over in person to France with an Army of 80000 men at Arms and 10000 Archers as Froissard hath it He takes with him his Son the Prince of Wales and Duke of Guyenne being but 15 years of Age calld afterwards the Black Prince to train him up in feats of Arms. Landing in Normandy he carries all the Country before him as far as Poissy within ten miles of Paris and after divers Skirmiges a Battail was appointed King Edward had incamp'd neer a Village calld Cressy where he divided his Army to three Battalions the first was led by the Prince of Wales the second by the Earls of Arundel and Northampton in the third was the King himself The Battail thus orderd being mounted upon a White Hobby he rides from Rank to Rank encouraging evry man to the performance of his duty and to have a regard to the Honor of his King and Country The French Kings Army was at least twice the number consisting of above 60000 Combatants with all the flower of the French Chivalry whereof the chief were the Duke of Alanson the Kings Brother the King of Bohemia the Duke of Lorrain the Earl of Flanders and Savoy with other great Princes The Vangard was led by the Kings Brother the Reer by the Earl of Savoy the main Battail by the King himself The French King was so fierce in assurance of Victory that he wold scarce admit of any counsel The old King of Boheme advis'd that the Army shold receive some refreshment before and that the Infantry of Genowais whereof ther were 15000 Crossbows shold make the first Front and the Cavalry to follow which being agreed on the Duke of Alanson did stomack that the Genowais shold have the honor of the first Rank so in a kind of fury he caus'd them to change place which bred such a discontent that they were more incensd against their Leader then against the Enemy but in the interim ther fell such a showre of Rain that wetted their Bowstrings which they had not the wit to cover all the while as the English did that for the limmerness therof when they came to action they grew useless At the ceasing of the showre the Sun did shine full in the face of the French therby dazzling their eyes but on the back of the English King Edward being got into a Windmil all the while whence as from a Sentinel he might explore and behold the face of the Enemy and discovering the disturbance that was made because the Genowais were put to change their place instantly gave order to charge that part which made the discontented Genoway to recoyl Alenson perceiving this rides on in a rage crying out Sa sa on on let 's make way ore the Bellies of these Genowais for they do but hinder us So riding through them he came
meum apponerem consuetum Testes qui fuerunt praesentes ad ista unà mecum sunt Dom. frater Martinus Lupi Magister Militiae Domus de Alcantara Ordinis Cistern Rogerus Dom. de la Wara Gomeicus dicti Dom. Regis Magister Paulus Gabrielis Civis Ispalensis Iohannes Guttern Decanus Ecclesiae Segobien Magister Robertus Fregand Notarius Cancellarius Domini Principis Aquitaniae Walliae supradicti Then the Great Seal of Castile and Leon was affixd By vertue of this Charter legally made to King Edward and the Prince his Son and to their Heirs and Successors Kings and Princes of England for ever it is therby granted that whensoever it shold please them to be in person in the Wars with any King of Castile against the King of Granada or any other Enemy of the Christian Faith They shold have the First place in the Vangard above all other Princes of Christendom and although neither of them were present yet ther shold be always provided by the Kings of Castile and their Successors a Standard of the Arms of England to be born in the same place This Instrument was made after that the Black Prince had done the Work and restord Don Pedro to his Kingdom therfore he passd it as a Monument of eternal Gratitude unto him But before the Prince uudertook the business ther was also a Bond from the King to pay so much money for defraying the Princes Army and in consideration also of this undertaking it was legally agreed that the Prince shold have the Castle of Vermeo de la Quet Bilbo Biscay and the Castle of Ordials A tenir perpetuellement à li ses Heirs Successeurs pour doner là où luy plerrà to be held perpetually by Him and his Heirs and Successors and to give to whom he pleasd All which was ratified under the Great Seal of Castile and confirmd by Oath upon the holy Sacrament in the great Church of Burgos The Original of which Instrument remains yet in Thes. Regio apud Westm. We will pass over the Exploits done in Armorica or Little Britany and cross over to a tougher Peeple the Scot who though Conterranean and our neer Neighbours yet they did always confederat with the French against England and England still boar up single and victoriously against both of them For when Scotland was at the highest pitch of power when she had active and boysterous Kings to her Generals and the French for her Coadjutors and Auxiliaries as also the Danes in Ages past yet the English carried away many fair Victories with divers of their Kings Prisoners As will appear by a short Survay we shall take of such Battails and Warlike Encounters which intervend from time to time twixt the two Nations We will begin with that famous Battail twixt King Athelstan and them when they had a great Army of Danes joynd with them and being twice in number more then the English yet King Athelstan obtaind a signal Victory both by Prowess and Policy for the two Armies being ready to joyn the English made semblance to flee away leaving their Bagage behind which as the Scot and Dane were a sharing the English did suddenly wheele about by the advantage of a Woody Hill and finding them in disarray and laden with Booty they rushd upon them with such a Resolution that above 40 thousand of them and as Buchanan their chief Chronologer hath it the flower of their Nobility perishd there at that time The first Fire-ball of War which was thrown twixt both the Nations since the Norman Invasion was in William Rufus his Raign when the Scot having made divers Incursions into the English Borders Moubray Earl of Northumberland was sent against them who incountring their King Malcolm with his eldest Son in the Field they were both slain and the whole Army overthrown In King Stephens days Thurston then Archbishop of York was sent with an Army against the Scot who meeting the King himself in the head of his Forces utterly routed him with the death of above 10000 of his Men. Henry the second employd only the Knights of Yorkshire as Humphry-vile Scuttvil and Vescy to make head against the Scot which they did with such Valour and Success that they took the King in the Field and as a Trophy of their good Service and Victory they presented him Prisoner to the King at Northampton whence he carried him along to attend him in his French VVars William the Scots King attended Richard the Lion-hearted at his second Coronation when he returned from the Holy Land and carried the Sword before him bare-headed Edward the first calld in story and as his Tomb in Westminster tells us Scotorum Malleus the Hammer of the Scots summond King Baliol to Newcastle to swear Fealty unto him but fleeing afterwards to the French King at his return King Edward summons him again to Berwick where he re-submitted himself with all his Nobles in open Parlement which King Edward held there and for Caution brought Baliol along with him leaving the Earl of Surrey Warden of Scotland Then started up a notable Blade one Wallis who notwithstanding that King Baliol was Prisoner in England gatherd such a strength that causd King Edward to go again in person and at Fonkirk Battail killd outright 200 of their Nobles and Gentry with about forty thousand Common soldiers Then he summons a Parlement at Edinburgh where all the Scots Nobles swore Fealty to him and then he carried away thence their Great Charter calld the Ragman-Roll the Black-Cross and the Stone wherein they believe the Fate of Scotland is fixd Then ther was a third Provocation offer'd for le Bruce was crownd King of Scotland wherupon the Earl of Pembrook was sent against him who utterly defeated him at Iohnston yet all was not quiet but King Edward was forcd to make a fourth expedition thither in person when he constraind le Bruce to flee away to Norway where he blew on his Nayls while King Edward liv'd But Bruce being come back and Usurping during Edward the seconds time who we read was so infirm and infortunat a King his Father Edward the third restord Baliol by force of Arms and made him swear Fealty to England again But some yeers after King Edward being deeply engagd in the French Wars David the next Scots King rush'd into England with about sixty thousand men being confederat with the French King to divert the War there But Queen Philippa with the Archbishop of York and the Lords and Knights of the North encounterd this huge Army and utterly defeated it one Copland taking the Scots King Prisoner whom he he reservd for a present to give King Edward when he came from France and to keep company with Iohn the French King who also was taken Prisoner by the Black Prince And there were but six weeks difference of time twixt both Victories In Richard the seconds Raign the French King sent his High Admiral with a thousand
choice men at Arms in a Fleet of 60 Sayl of Ships with Arms for 12000 men more into Scotland Therupon an English Army being raisd it struck into Scotland like a Whirlwind and piercing the very heart of the Country advancd as far as Dundee and returnd Victorious Henry the Fifth took Iames the first Prisoner and carried him over to attend him in his French VVars In Hen. 8. time the Scots King although his Brother-in-Law taking his advantage when he was in France battring the Walls of Bullen with the flower of the English Nobility raisd the greatest Army that Scotland could make for invading England therupon King Harry sent a Commission to the Earl of Surrey to raise Forces accordingly The two Armies met at Flodden-field where the Scots King and the Archbishop of Saint Andrews his Brother were slain with twelve Earls 14 Barons and 12000 more Not long after Solmosse Battail was fought where eight Scots Earls were taken Prisoners with 200 Gentlemen and others insomuch that as the story saith ther was never an English soldier but had his couple of Scots Prisoners Four and thirty yeers after the same day both of the month and the week as the Historians observe Musselborough-Battail was fought which because it was the last and one of the most signal and sanguinary great Battails from the Conquest that was fought twixt the English and the Scots I will here particularize but with as much brevity as may be The Duke of Somerset was General of the English the Earl of Warwik his Lieutenant the Lord-Admiral Clinton had 60 ships of War which were to hold cours with the Land-forces the whole Army consisted but of about 13000 Foot 1200 men at Arms 2500 Light-horse 16 Peeces of Ordinance evry Peece having a Gard of Pioners who came to about 1400. From Berwick they entred Scotland and marchd as far as Musselburgh far within the Country they seizd upon three small Castles as they passd and with infinit pains overcame the Natural and Artificial Difficulties of the Ways They understood that the Scots Army far exceeded them in number and ther came Recreuts dayly unto it For the Fire-cross was carried about by the Heralds through all parts which is two Firebrands upon the point of a Spear that all above sixteen and under sixty yeers shold repair to the General Rendevous insomuch that the Scots Historians themselfs do mention that ther were above thirty thousand in the whole Army which was twice the number of the English The Battail was fought with much resolution and cagerness on both sides yet notwithstanding that the Scot was at his own home and that the English were tir'd by a long difficult march they obtaind an absolute Conquest ther were slain of the Scots about 14000 out-right upon the place wherof ther were 3000 Kirk-men as Fryars and Monks Huntley with other great Lords were taken Prisoners 30 Peeces of Ordinance were taken and shippd for England with 30000 Iacks as the Record says and the English plunderd the Country five days march further and did what they wold We will conclude with the late Battail at Dunbar still fresh in memory where ther were not much more then 8000 English and the Scot had them at a great advantage yet the English making a Vertu of Necessity utterly overcame an Army of about 24000 Scots an Army that had been long a moulding and consisted of many of their Nobility and Gentry they lost both Bag and Bagage Artillery and Arms ther were above 3000 slain 10000 taken Prisoners whereof ther were 260 Officers 15000 Arms and 30 Peeces of Ordinance and neer upon 200 of their Colours were brought to hang in Westminster-Hall for Trophies Out of what hath been said this Inference may be made That in all those Traverses and Encounters of War that England had with Scotland which were neer upon an hundred since the Conquest take small and great together the English did always foyl the Scot except in Ed. 2. time as shall be said hereafter In some Battails we may find how they carried away more Captives then they were common soldiers themselfs driving them as it were like sheep before them And observable it is that the greatest Battails were fought in Scotland it self after that the English had been tir'd and dispirited by long marches over uncouth and strange places being ignorant both of the Advenues and Advantages of them Tru it is that in Ed. 2. Raign they won two or three Victories wherof that at Bannocks-Battail was the greatest where Gilbert de Clare Earl of Glocester and about 40 Barons with 700 Knights and English Gentlemen were killd In Hen. 8. Raign they got also a small Victory when Sir Ralph Evers was slain In the time of the Long Fatal Parlement they did likewise many Insolencies and rush'd far into England but those Invasions may be rather termd Invitations by some spurious and unworthy-degenerated English-men who had contrivd their coming in long before whose memories will stink in the Nostrils of all Posterity But the English have taken four of their Kings Captives killd two other in the field carried away their Crown with the chiefest Ensignes of Royalty c. Nor were such high Exploits performed by the Kings of England on Land only but by Sea they have been as glorious Historians say how King Edgar had a Navy of three thousand six hundred ships and bottoms of all sorts which he divided to three Fleets that usd to coast about and scowre the Seas as far as Norway evry year and he in person would go often Admiral himself and be all the Summer abroad Philip the French King not long before the Battail of Cressy to hinder Edward the thirds return into France got a mighty Navy in Equippage of 200 sayl of ships besides Gallies in the Haven of Sluce wherof King Edward being advertised prepared such another Fleet and encounters the French with such resolution and success having the Wind and the Sun for him that he utterly defeated the whole Navy slew about thirty thousand men and so returned with mighty triumphs and the admiration of all Europe Philip the second of Spain having as he conceavd endured divers Affron●…s and Injuries from Queen Elizabeth conceald his Discontents a long time until he had provided the Invincible Armada as it was calld wherewith he hoped to have swallowed all England It was three years preparing it consisted of above 150 sayl wherof most of them were Galeons they were mannd by 8000 Mariners they carried 20000 Listed soldiers besides Volunteers they had 1600 Brass Cannons 1000 of Iron and 120000 Granado's with other Fireworks of all sorts This Prodigious Fleet stood the King of Spain in 10 Millions first and last from the time that she set sayl out of Lisbonne as t is found in their Annals she lookd like a Forest at Sea as she steerd along Q Elizabeth had first news hereof from Hen. 4. of France But then how did that Masculine Queen
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
whatsoever He did being done by fear duresse and compulsion was of no better force then a Covenant extorted by violence or made in prison by a private man which when he is at liberty he is not bound by Law to perform if it tend to his damage To this t is answerd That the case is far different twixt Souverain Princes and privat men for between the one ther fall out but Processes and Suits in law if they disagree or not perform what is a greed upon But between Princes bloud and Wars fire and Sword death and destruction somtimes of whole Countries and millions of human soules do Ensue Therfore when a King by the propitiousness of Heven and his own prowess by the hazard of his life loss of his peeple with infinit pains and expence of Tresure hath gaind a Victory by the justness of his Cause and Divine decree or redu●…d his Enemy to a streight All the Civilians concur in one unanimous opinion that he may make the best advantage he can of his good successes and reduce his Enemy to what terms he please And the Articles which shall then be capitulated consented and sworn unto are to be exactly performd otherwise there wold be no end of any War Now rhe French Chroniclers themselfs acknowledg that Henry the 5. might at that conjuncture of time and fortune have destroyed the whole Realm of France and taken the King prisoner or driven him quite out But he was so far from doing so that he sufferd him to enjoy the Kingdom while he livd and by taking his daughter to wife made her Issue therby capable not only of the French but also of the English Crown with all the Dominions thereunto annexed Whence some Authors observ that the English have bin usd in all Treaties and Stipulations to be over-reasonable merciful plain and downright But the French crafty double minded inhumane high and subdolous upon all advantages Insomuch that t is a question which was sharper the English blade or the French brain I will conclude this digressive discours with another argument of the French viz. That Charles the sixth could not legally disinherit his eldest son being Hei●… apparent to the Crown of France To this may be answerd that neither Charles the sixth was rightful King nor consequently his son heir apparent for since Edward the third of England all the French Kings were but Usurpers they were Kings de facto not de jure Moreover ther are many Examples how the eldest sons of the Kings of France have bin disinherited We read that Robert made his second son Henry King of France by disinheriting Robert his eldest who for compensation was made Duke of Burgundy Lewis le Gros with the consent of all the Peers and Estats of France made also Lewis his second son King and gave Robert his eldest the Earldom of Dreux Dagobert made Clouis his second son King of France by putting by Sigisbert his eldest son I have bin somwhat long in discours of this great Transaction twixt England and France because the chief aim of this Work being at Precedence the discerning Reader may regulat his judgment accordingly We will now go on to conclude this Paragraph the main scope wherof being Antiquity and continuance of Royal Bloud The Genealogical Tree of the Kings of this Iland as all other Countries hath had various Stems the first were Britains now calld Welsh who may contend for Antiquity and may be said to be coetaneous with the Iland it self yea before it was an Iland for ther want not some who hold that it was at first a continent or a peninsula tied to Gallia by an Isthmos or neck of land stretching from Dover to Bullen for the Rocks on both coasts being of a colour and shape look as if they were slented one out of the other Before the Romans took footing here which was neer upon 200 yeers before they could do it peaceably the Britains did still so bear up against them wheras Gallia or France was fully conquerd in less then 10 yeers I say before the Roman Eagle fixd his talons here ther had bin 65 Kings of the British Bloud But then that Race being interrupted by the Romans for above 400 yeers the Iland being freed of Them some of the old British Bloud came to be Kings again among whom some were very famous as 〈◊〉 and Arthur his son the chief Christian Worthy who was the first Founder of Warlike honour conferrd upon his Knights of the Round Table And this Race of the old British Kings lasted till the raign of Cadwallader Anno 689 yet ther were Welsh Princes that swayd still as among other Howel Dha the Great Legislator and stood stoutly for their Liberty until the raign of Edw. 1. in whose raign Leol●… the last Prince of the British Bloud being slain in battel his head was brought to King Edward who commanded it to be crownd with I●…ie confessing that he had met with more valour in the Welsh then the Scots for he had fierce Wars with both But Cadwallader being dead the British Race was interrupted again till Owea Tewdors time who descended from Cadwallader as shall be shewd by a G●…rman peeple inhabiting the lower Circuit of Saxony and so calld Saxons by the Welsh and Irish to this day They had a 〈◊〉 a long time but Egbert by conquest redu●…d them to a Monarchy and he was the first who calld himself King of England Then that English Race al●…o of Kings had two short Interruptions one by the Danes wherof ther raigned here three Kings but all their raigns extended not to ●…5 yeers Then by William of Normandy and that Interruption ●…asted about 40 yeers till Henry the first married the lady Matilda daughter to Malcolme King of Scotland by the Lady Margaret sister to Edgar Athel●…g wherby the English Bloud Royal was restord Then by a marvellous providence the British Royal Bloud after about 800 yeers Interruption was resto●…d by Owen Tewdor who married the Queen Dowager Katherine and so was Granfather to Hen. 7. which Tewdor by an exact 〈◊〉 that was made by the British Bards and confirmed by the English Heralds came lineally from the foresaid King Cadwallader and Leolin so ther were three Kings viz. Hen. 7. Hen. 8. Edw. 6. with two Queens viz. Mary and Elizabeth all Tewdors Then came in the Royal Race of Scotland by the Lady Margaret Tewdor eldest daughter to Hen. 7. and first branch of the two Roses Now by a due computation made of the premises it will be found that take British or English the source and series of the Bloud Royal of England is above a thousand yeers since And if from Cadwallader you go to the British Kings before the Romans interrupted the Royal succession therof it will be neer upon 3000 yeers which no kingdom ●…ls can say Moreover the Bloud Royal of Scotland some hundreds of yeers before was incorporated in the British for the mother of the first
plentiful Court upon earth Now the riches and fatness of a Country shold be principally seen in the Kings house and indeed the greatest glory of England appeers there as all observing Forreners confess and nothing conducd more to the continuance increase and support of his power and honour and which drew more awe and reverence from all peeple all which are so requisit and essential to the prosperity of King and Peeple as they cannot be wanting but are and shold be perpetual attendants of the Soverain Prince Now this cannot be without the concurrence and service of the Peeple Now from all times the English were observd to be industrious and make it their chief care to provide the best things for the Kings Court according to that ancient and no less eloquent speech of a great Lawyer Domus Regis vigilia defendit omnium Otium Illius labor omnium Deliciae Illius industria omnium Vacatio Illius occupatio omnium Salus Illius periculum omnium Honor Illius periculum omnium The Kings House shold be the watchfulness of All His recreations shold be the labor of All His plesures shold be the inventions of All His safety shold be the danger of All His honor the object of All. Now the greatest cause of the honour and plenty of the Royal Court in England were the Preemption Pourvoyances and Compositions he had from evry County which were so moderat That they who have cryed them down thinking it to be a great advantage and ease unto them will find in time that they were no wiser then the Ass in the Fable as a very judicious Gentleman observes who thought to make his burden of Sponges the lighter by lying down with them in the water For those Compositions considering the smalness of them and how many went to bear the burden were scarce any weight at all as will appeer by those Shires I shall produce for instances All the thirteen Shires of Wales were chargd but at one hundred and fourscore Sturks which stood that whole Dominion but in three hundred and threescore pounds wherof Anglesey which hath 83 Parishes payd but 5l which amounts not to 15 pence evry Parish The County of Derby which hath one hundred and six Parishes payd but 254l per an Worcestershire which hath one hundred and two Parishes was assessd at 495l which is about three pounds seven shillings upon evry Parish Yorkshire which hath 459 Parishes besides many large Chapelries was charged but with 495l which was not two and twenty shillings upon evry Parish one with another Bedfordshire which hath one hundred and sixteen Parishes payed four hundred ninety seven pounds eight shillings four pence Cheshire having sixty eight Parishes was to furnish but 25 lean Oxen at the Kings price viz. four marks a piece c. with other things which came not to one pound nine shillings upon evry Parish Cornwal having an hundred and sixty Parishes did not bear so great a contribution as eight shillings upon evry Parish The County of Devon which hath three hundred ninety four Parishes paid no greater sum for evry yearly composition then ten shillings upon every Parish Herefordshire having one hundred seventy six Parishes made evry one to contribut no more then about twelve shillings six pence upon every Parish The huge County of Norfolk which hath 660 Parishes payd but one thousand ninety three pounds two shillings and eight pence which in proportion comes not to one pound eleven shillings upon evry Parish Somersetshire which hath 385 Parishes payd seven hundred fifty five pounds fourteen shillings eight pence which amounts to about 40 s. a Parish The County of Northampton which contains 326 Parishes payd towards Pourvoyance and Composition nine hundred ninety three pounds eighteen shillings four pence which was for evry Parish little more then three pounds Lincolnshire which hath 630 Parishes payd one thousand one hundred seventy five pounds thirteen shillings and eight pence which amounted to less then forty shillings a Parish Glocestershire which hath 280 Parishes payd four hundred twenty two pounds seven shillings and eight pence which was not one pound eleven shillings per Parish Ther be other Counties by reason of their vicinity to the Court and being very great gainers for the vent of their commodities by the Kings constant Residence with his Tribunals of Justice in his Imperial Chamber of London were chargd deeper as The County of Kent which hath 398 Parishes And is the common road of Ambassadors passing to and fro as also where his Arsenals Docks and Navie Royal lies with four of his Cinq Ports c. payd three thousand three hundred thirty four pounds and six shillings The County of Sussex which hath 112 Parishes payd one thousand and sixteen pounds two shillings and six pence The County of Surrey having 140 Parishes payd one thousand seventy nine pounds and three pence Hertfordshire which hath one hundred and twenty Parishes payd one thousand two hundred fifty nine pounds nineteen shillings four pence The County of Essex having 415 Parishes for her neighbourhood to London and the Court payd two thousand nine hundred thirty one pounds two shillings and two pence The County of Buckingham which hath 185 Parishes payd two thousand and forty pounds sixteen shillings and six pence Berkshire having 140 Parishes payd one thousand two hundred and fifty five pounds seventeen shillings and eight pence The County of Middlesex which hath 73 Parishes besides what are in the Suburbs of London and Westminster paid nine hundred seventeen pounds nineteen shillings per an which was no great matter in point of proportion to the rest of the Counties In regard of the great advantages this Shire hath by the propinquity and residence of the Kings Court And so by letting and setting of Lands Pasturages Houses Lodgings at highet rates with the improving the prices of all other commodities The City of London which hath such mighty benefits by the constant sojourn of the King and of his principal Courts of Justice at Westminster-Hall by the Records in the Tower by the Inns of Court and Chancery with variety of other advantages as the Kings Custom-House wherby she is swoln up to be so vast in Building and to such infinit Rich●…s that she swallows up the Trade of all the three Kingdoms yet for all these advantages she with the out-parts did contribut in Grocery ware for the service of the Kings House but about 2000 l. per annum Nor did the Kings Brewers in London and four miles compass about pay but one half peny in every Bushel of Mault which is now remitted And what an inconsiderable small ease it is to so many Brewers let any man judge Out of the Premises touching Compositions for Pourvoyances this inference may be drawn what a care and love our provident and prudent Progenitors bore to the honor of their King his Court and Houshould And under favor I may say that these Royal Pourvoyances and his tenures in Capite were
a Dialect of the Bascuence and Gascon That of Britany or Armorica is but a dialect of the ancient British continued so wonderfully in Wales after so many revolutions and changes of diffring Nations to this day Indeed the King of Spain hath an old Maternal Toung under his Dominions which is the Cantabrian or Bascuence all the rest are but several Idiomes or Dialects derived from the Latin and inlayd with a multitude of Morisco words The Castilian the Portugues the Catalan the Valenciano are Dialects of the Latin But the King of Great Britain hath two pure ancient Mother-Toungs within his Dominions which is the British or old Comraecan Toung And the Irish or Hibernian Toung which are subsistent of themselfs and have no derivation or affinity at all with any other Toung Ther are six Dialects also spoken in his Kingdomes The English which is a dialect of the Saxon or high Dutch Ther is the Scotish which is a sub-dialect of the English Ther is the Mankmen or they of the I le of Man which is also a sub-dialect of the Welsh Ther is the Highlander or Redshank which is a dialect of the British and Irish Ther is the Cornish which is a dialect of the Welsh And the Language of Iersey and Gernsey the only remains that are left us of Normandy which is a dialect of the French Now It cannot be soberly denied but that it is an addition of Honour to the King of Great Britain to have more Mother-Toungs reservd yet in his Dominions and as it were unconquerd then his two Neighbour-Kings Touching variety of Palaces and change of Royal Mansions he may compare if not out-go any of the other Kings For within half a days journey of London he hath eight several Houses and divers elswhere wheras the French King hath but the Louvre Fountainbleau Bois de Vincennes St. Germain de Laye and Madrid a small ruinous pile of stones which Francis the first causd to be erected in commemoration of his captivity so many yeers in Madrid in Spain in a small Brick House wherinto ther was a low little dore built by the command of the Emperour Charles the fifth of purpose to make the King stoop when he entred which he observing because he should not bow his head went in backward putting in his bum first The King of Spain hath but his Palace and La Casa de buen retiro in Madrid he hath Aranjuez with the Pardo between Madrid and the Escurial where he hath a Royal House yet it is but a Cantle of a Monastery t is but the handle of a Gridiron which that great structure resembles in memory of the Martyr St Laurence Philip the second having bin forced for the advantage of avenues to batter down a Convent dedicated to that Saint a little before the battail of St Quinten where he provd Victorious against the French and to perform a Vow he then made he built the Monastery of Saint Laurence at the Escurial Now touching all the foresaid Palaces in France and Spain Winsore-Castle may compare with any for Magnitude Majesty and State As Sir Thomas Roe who had bin Ambassador at the great Mogors Court at the Seraglio of the Gran Senior at the German Emperours at the French Polonian Danish and Swedish Courts I say Sir Thomae Roe did confidently and knowingly affirm that Winsor-Castle may not only compare but have the precedence of all the rest in point of Grandeur Majesty Situation and Stateliness Moreover the King of Great Britain hath Lodges and other places of plesure without number In regard of so many Forests ●…haces and Parks that are annexd to the Crown Touching Forests ther is no Potentat on Earth hath so many I may truly avouch Now a Forest is a Franchise of so Princely a tenure that according to the Laws of England none but the King himself can have a Forest if he chance to pass one over to a subject t is no more Forest but a Frank Chase. A Forest hath peculiar Laws of her own to take cognizance of and punish all Trespasses A Forest hath her Court of Attachments or Swainmote-Court where matters are as legally pleadable as at Westminster-Hall The Hart the Hind the Hare the Bore and the Wolf are Forest-beasts The Buck the Doe the Fox the Matron the Roe belong to a Chace and Park And all these kind of Recreations the King of Great Britain hath in so many Forests wherof ther are in England besides thirteen Chaces and seven hundred eighty one Parks these whose names follow alphabetically Forests name County 1. Applegarth Ebor. N. Rid. 2. Arundel Sussex 3. Ashdown Susses 4. Bear-Forest Hamp 5. Birnwood Buck. 6. Blackmore Wilt. 7. Blethvay Radnor 8. Bowland Lanc. 9. Braden Wilt. 10. Buckholt Hamp 11. Cantselly   12. Cardith Caermar 13. Chur. Hamp 14. Charnwood Leicester 15. Chul Wilt. 16. Coidrath Pembr 17. Copland Cumb. 18. Dallington Suff. 19. Dartmore Devon 20. Delamere Chesh. 21. Dene Gloc. 22. Dereford Salop. 23. Waterdown Suss. 24. Exmere Devon 25. Feckenham Wigorn. 26. The Forest. Cardig 27. Fromselwood Somers 28. Gaiternack Wilt. 29. Gautry Ebor. 30. Gillingham Dors. 31. Hatfield Essex 32. Harwood Salop. 33. Haye Heref. 34. Holt. Dors. 35. Huckstow   36. Inglewood Cumb. 37. Knaresburg Ebor. 38. Kings wood Gloc. 39. Knuckles Radnor 40. Leicester Leicest 41. St. Leonards Suss. 42. Lounsdale   43. Lowes Northumb. 44. Lune Ebor. 45. Leyfield Rutl. 46. Mallerstang Westm. 47. Mocktry Salop. 48. Narborth Pemb. 49. Neroch Som. 50. New Forest. Hamp 51. New Forest. Ebor. 52. Peak Derb. 53. Pewsham Wilt. 54. Pickring Ebor. 55. Radnor Radnor 56. Roscob Card. 57. Rockingham Northam 58. Sapler   59. Savernack Wilt. 60. Sherwood Notingh 61. Selwood Som. 62. Saucy North. 63. Wabridg Hunt 64. Waltham Essex 65. West Forest. Hamp 66. Westward Cumb. 67. Whichwood Oxf. 68. Winfield Westm. 69. Whitehart   70. Whittlewood Northam 71. Whitway   72. Wyersdale Lanc. 73. Winsore Bark 74. Wolmer   75. Wood. Ebor. 76. Worth Suss. 77. Wutmer Hamp This is the old number of Forests in England wherof a few as Blackmore in Wiltshire with others are deforested which Forests cannot by the Laws be in any ones hands but the Kings and the reason is because none hath power to grant a Commission for Justice in Eire but the King which Iustice is to keep a Court evry three yeers once but the Swainmoot-Court evry one yeer thrice Forests were at first for the Kings Princely delight Venery and plesure meerd with unremoveable marks and boundaries And the old Law is Omnis homo abstinent a Venariis meis super poenam vitae It was capital to hunt in any of the Kings Forests without leave Now if one shold make the Perambulation of all France and Spain he will not find half the number of Forests in both Kingdoms And whether this be not a notable advantage to the King of Great Britain in point of Honour let any unpassionat and sober-minded man determine
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 al●…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 quàm 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 quàm 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 Latroise●…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 trab●…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 e●…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 Comitatu●… 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
small and great It reacheth to all the Military strengths both by Land and Sea to all tenable places as Castles Forts Bulwarks within and about the whole Iland The Kings of England have had the sole power of this Sword and the Law gives it them by vertue of their Royal Signory from all times The very Law doth gird it to their sides They employ it for repelling all Forren force For vindicating all Forren wrongs and affronts For suppressing all intestine Tumults and Rebellions And to protect and secure the weal of the whole Body politick The peeple of England represented in Parlement were never capable to manage this Sword the Fundamental Constitutions of the Country flatly denieth it them This Sword is fit only to hang at the Kings side as the Great Seal hangs at his girdle being as it were the key of the whole Kingdom and it is recorded of the Emperour Charlemain that he carried his Great Seal always embossd upon the pommel of his Sword which signified that he was ready to make good and maintain what he had Seald Now to let the Peeple have the Sword is to put it into a Mad-mans hand And one of the pregnantst Forren examples to prove this is that notorious Popular insurrection in France calld La Iaquerie de Beauvoisin when the Peasans and Mechanicks had a designe to wrest it out of the Kings hand for to depress all the Peers and Noblesse of the Kingdom and the Rebellion had grown to such a strength that it was like to take effect had not the Prelats and Churchmen stuck close to the King and the Nobility but afterwards poor hare-braind things they desired the King upon bended knee to take the Sword again The Civilians who in all points are not so great frends to Royalty as the Common Law is assert That ther are six Praerogatives which belong to a Souvrain Prince 1. Armamenta Army 2. Potestas Iudicatoria power of Judicature 3. Potestas vitae necis power of life and death 4. Bona adespota masterless goods 5. Census the numbring of the people 6. Monetarum valor the raising or abating the value of the publick Coyn. Among these Regalias we finde that Arming which in effect is nothing els but the Kings Sword is one and as I said before t is as proper and peculiar to his Person and to be soly on his side as the Crown on his Head or the Scepter in his hand and of greater importance then either For by those two he draws only a voluntary love and an opinion from his Subjects but by the Sword as threed thorow a Needles eye he draws a Reverential Fear and aw Now these two mixd with the other are the best Ingredients of Government With the Sword he confers Honors as dubbing of Knights c. From this Sword all the chiefest Magistrates have their authority The Lord Deputy of Ireland the Lords Mayors of London and York have their Swords by deputation from Him and when he entreth any place Corporat the first thing which is presented unto him is the Sword Nor doth the point of this Sword pass thorow the diameter and reach only to evry corner of his own Dominions but it extends beyond the Seas as well to preserve his Subjects from oppression and denial of Justice as to vindicat publike wrongs and affronts to make good the Interests of his Crown as also to assist his Confederats and friends And this publick Sword is so inseparable from him that by the Law of the Land he cannot ungird himself of it or transfer it to any other for that were to desert the protection of his peeple which is point blank against his Coronation-Oath and Office Therfore the very Proposition it self that the Long Parlement made to his late Majesty to have the Militia passd over unto them was no less then High Treason for nothing could be more derogatory to his Kingly Honor which they had protested so solemnly to maintain by their so many publick Instruments and Oaths We proceed now from the Rural Power or Country-campane of the King of Great Britain to his Oppidan Strength And first of his Court at Westminster where ther are 200 goodly tall men of his Gard Then he hath a Band of Pensioners who are Gentlemen of quality and wealth Moreover he hath 3000 Foot and 1000 Horse for his Life-Gard besides divers Garisons in sundry Towns And now we make our entrance into the City of London that huge Magazin of Men and Might A City that may well compare with any in France or Spain not only for Power but for any thing els and in some particulars may haply go beyond them and deserve a Precedence as shall be shewd Nor doth this Power extend only to her own Self-protection but it may be made use of for any part of the Kingdome upon any Civil Insurrection or otherwise as it shall please the Sovrain Prince and no other whatsoever to employ it The City of London is like a fair Quiver of keen strong Arrows for the King to draw forth upon all occasions for his own and his peeples preservation For besides twelve thousand choice gallant Citizens in London and Westminster with the Hamlets of the Tower who are enrolld and always ready and have their Arms fixd for Honor and Defence ther may be as appears by divers Censes and Computations which have bin made about two hundred thousand choice able men raisd for service if necessity requires and the City will scarce sensibly miss them nor are Seamen Mariners and Water-men meant to be of this number The Kings of France and Spain I may well avouch have not any such Town or City That which is most capable of comparison with London is Paris for which she hath many advantages for she is a Cité Ville and Université she is a City a Town and an University as also the chiefest Residence of the French King But le ts go a little to particulars and first to the Populousness of both Cities They say that the Parishes of St. Eustace and St. Innocent which lie about the centre of Paris have above one hundred thousand Communicants in them alone and that by the last Cense which was made ther were neer upon a million of humane Souls in City and Suburbs wherof the sixth part are made up of Strangers and Church-men which the King cannot make use of upon Military occasions But look a little forward it will appeer that London hath above a Million of souls For largeness and magnitude t is tru that Paris hath the advantage of an Orbicular Figure which is most capacious of any But by the judgment of those Mathematicians who have taken a survay of both Cities if London were cast into a Circle she wold be altogether as big as Paris Touching publick Buildings t is tru that the Louvre is a vast Fabrick and the like is not found in London but t is the only Court the French King hath in
the next Court of Parlement that is by the next Assembly of the Three Estates That Assembly is now grown as obsolete as a General Council for ther hath been none these fifty years and upward Besides the Real Demeans of the Crown the King hath to support his Greatness 2. La Taille 3. Le Taillon 4. Les Aydes 5. Les Equivalents 6. Les Equipollents 7. Les Crues ou Augmentations 8. L'Octroy ou Benevolence 9. La Gabelle 10. Les Imposts 11. Le haut passage or Domain forain for goods exported 12. Le Trait Forain for goods imported 13. La Solde de 50000 Soldats 14. The Tenths besides All these Impositions are as old as Lewis the eleventh who wheras before most of them were laid and levied upon extraordinary occasions he found a way to make them perpetual And if those fourteen Strings touchd before will not serve his turn he hath power to make more for his Bow when he pleaseth and herein the King of France hath the advantage of his two Neighbouring Kings This is that indeed which makes him so potent Hereby he can lade an Asse with Gold when he will to break in through any Wall though otherwise never so inexpugnable It is a full Purse that makes a King both feard at home and formidable abroad wheras the contrary makes him but a kind of Scar-crow King as the Spaniard tells us in his Proverb Don sin dinero no es Don si no Donayre I will conclude with the Greek Poet who sings to this purpose very elegantly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wherwith the Latin doth verbatim and exactly correspond both in sense and verse Argenteis pugna telis atque omnia vincès Fight with Silver Weapons and thou shalt conquer all The seventh Argument A Potentiâ Regni from the Strength of the Kingdome THer is not such an intrinsique united Power such a knot of Strength any where as France is Ther are in France thirty thousand Parishes so that taking but ten men out of one Parish with another an Army may be composd of two hundred and fifty thousand Combatants besides the City of Paris that huge Mass and Miscelany of all Nations which may furnish well-neer as many more And it may be said that France was never so powerful since the time of Charlemain as now she is nor so entire and that for many reasons First in regard that the Hugonots or they of the Protestant Religion are reduced to an exact subjection who indeed were the greatest weakness of France before for oftentimes they servd as Dark Lanterns to other Princes both abroad as well as at home to put Combustions in France at plesure They might be calld Regnum in Regno having such a considerable strength as above 200 Towns in many wherof they kept Garisons for the maintenance wherof the King himself was to contribut by Article Two of these Towns commanded the great River of Loire and others were neer the Sea so consequently fit to receave Forren assistance as Rochel the taking wherof did much startle Spain who had she foreknown that England could not have done it she wold have sent assistance her self which made Cardinal Richelieu to raunt that he had taken Rochel en depit de Trois Roys in despite of three Kings viz. the King of England the King of Spain and the King of France himself who was a great while averse to that business But now all those Towns of caution and safety the Hugonots had are dismantled besides they have no Garison any where so that they are to relie for the future soly upon the Kings savor wherby they are brought to a perfect pass of obedience which great Five Kings of France before the last endevoured to do but could never effect it Secondly France is far more powerful because of the three Keys which Richelieu said he had got viz. Brisac to enter Germany Pignorol to enter Italy and Perpignan to enter Spain at plesure having therby besides added to France the whole County of Roussillon Thirdly because he hath got in a manner all Lorain which was formerly a Countermure twixt France and Germany being engagd by homage to the Empire Fourthly he hath got the Garison of Strange Soldiers which were in Orenge to be dismissd and the Castle as good as dismantled which lying within the bowels of one of his own Provinces might be said to be another weakness to France He hath also got the Italian Garison in Avignon to be casheerd which also was another inconvenience to France lying within her Verge and hath made himself Master of the place though it was part of St. Peters possession above 300 years Lastly he hath Graveling with Dunkirk and other Towns in the Netherlands All which considered it may be said that the power of the Kingdome of France is much more improvd then it was formerly in many hundred years The eighth Argument Ab Opulentia Fertilitate from Wealth and Fertility IN one of the former Arguments we spake of the four Staple Commodities of France viz. Corn Salt Hemp and Wines To these may be added Silks Oyls Woollen Stuffs and Saffron All manner of delicat fruits as Orenges Lemons Cytrons The Lady Flora also hath one of her choicest houses of plesure there as well as Ceres and Bacchus ther being such abundance of choice fragrant flowers to be found in evry Garden As likewise all sorts of Edible Roots and Salade-Herbs Pomona also may be said to have her best Orchard there for the excellentst Cyder is made in Low Normandy and those who are habituated to drink it are observd to have cleerer Complexions then others who have only Wine for their drink Ther are not more delightful Medows and Fields on the surface of the earth such huge herds of Cattle and variety of Stuffs and Cloth made which makes Le. Drap de Berry in such high request with the most curious rich Sattins and Velvets of Tours Ther is not such a Beau-die such a Scarlet Die in any Country What thick swarms of Bees and delicat Hony is found in every Peasans Garden What delightful Woods and Lawns Chaces and vast Forests with whole Hosts of huge headed Deer and other Beasts for Venery range up and down Such Forests that the Sylvan Gods themselfs are seen sometimes to hunt in them As ther is a rare Passage recorded by the Bishop of Rhodes in his late Annals of Henry the Fourth that at a great appointment of Hunting one day in Fountainbleau as the King was in the heat of his chace ther was another cry of Hounds and Horns heard which afterward coming neer a black man plainly appeerd to all who cryed out three times Amendez vous Amendez vous Amendez vous and so he and his Hounds vanished The Wood-men and Officers of the Forest being questiond about it they answerd That that black man was often seen to hunt there with his Dogs and wold suddenly disappeer but he never usd to do hurt to any
the first Valour and Fortune may be said to contend which shold entitle him Henry the Great They both strivd for mastery in Him and which shold overcome He was Conqueror in four signal Battails In thirty five hot Skirmiges In above a hundred personal Encounters with the siege of about three hundred several places wherin He provd always Victorious which makes his memory to continue still fresh in France and makes new impressions from Fathers to Sons to render it eternal Ther is scarce any considerable Town but hath his Statue in Brass or Marble and Pictures innumerable insomuch that one said Una Henrici Oblivio erit occasus Humani generis The Oblivion of Henry alone will be the end of Mankind But for a tru Character of him I will insert here that which is engraven on the Cheval de bronze the Brasen Horse on the Pont-Neuf in sight of the Louvre his most Royal Castle in Paris which character runs thus Ie suis Henry grand Honneur de la Terre Astre de Paix Foudre de la Guerre L'Amour de Bons la Crainte de Pervers Dont les Vertus meritoient l'Univers Henry I am the Glory of Mankind The Star of Peace and Thunderbolt of War The spur of Vertu scourge of Vice A Mind That merited to sway more Scepters far Touching his Son and immediat Successor Lewis the Thirteenth he also did mighty things He began to bear Arms and wear Buff almost when he was no higher then a Sword at which height they say the Kings of France are out of their Minority but before he came out of His he repressd two ill-favourd Commotions in Poitou and Britany He continued Conqueror all his life-time nor did He know what it was to be beaten He bangd all his Neighbours round about him He clammerd twice with his Armies ore the Alps and came back again having done the business he went for He climd likewise with his Troops up the Pyreney Hills and establishd a Viceroy in the Kingdome of Catalonia He crossd ore the Meuse and made many deep Hacks in the Ragged Staff His Horses foorded ore the Rhine and helpd to cuff the Eagle ilfavouredly in the German Air. And lastly He foyld the English at the I le of Rhe. These were Exploits abroad At home also within his Kingdome He did marvailous things by suppressing so many Civil Insurrections and lastly by debelling the Hugonots which his five immediat Predecessors could not effect though they attempted it many ways Then which Action nothing could conduce more to the security and improvement of the power of the French Crown and the tranquillity of the Country The tenth and last Argument Ab Exemplo Authoritate Historicâ from Examples and Historical Authority THe Arguments which went before may be said to be Embroderies and Florishes of Reason yet those Florishes were wrought upon good Substantial stuff but this last Argument hath more of solidness legality and weight in it for it consists of Examples and Historical Authentik Proofs of Antiquity which the Logitian tells us is one of the strongest way of Argumentation We will not make such over-curious Retrospects as to look on the times before Charlemain though ther be divers examples that ever since the time of Clouis who was the first Christian King of France which was above 300 years before which prove that the Kings of France had Prerogatives of Session and Precedence both of Place and Person next to the Emperour But since Charlemain had the title of Christianissimus given him ther be divers cleer and convincing proofs how after the Empire was devolvd from Charlemains Race to the houses of Saxony Suevia and Austria nay since Austria came to the highest cumble of greatness and multitude of new Dominions the Kings of France have still had the Antecedence both in General Councils in assisting the holy Offices of the Church and in attending the Popes Person Now t is known that the Court of Rome with the Rules and practice therof is fittest to determine this Question of Precedence Mausonius and others have it upon good record how Anno 1564. Pope Pius the fourth passd a solemn Decree That the Kings of France ought to have the Precedence of any other King Nor indeed in former Ages did any King contend with him herabouts but the King of England The Spaniard did but of late years stand for it it is but since the Raign of Charles the fifth And as the Kings of France before claimd it as succeeding Charlemain so the Kings of Spain wold challenge it as succeeding Charles the Fifth Yet in the famous Treaty at Vervins 1598. after long Concertations and canvassing of the point Pro Con the Spanish Ambassadors made a Cession of Precedence to the French And Baldus the great Civilian as Purpuratus relates affirmeth categorically Nemo praesumat Honorem super vexilla Invictissimi Franciae Regis It is tru that some Writers rank Kings thus The King of Hierusalem the King of France the King of Sicily and the King of England which four are the only Anointed Kings And for this they shew an old Manuscript of the Church of Rome calld Provincialis Saint Gregory writes to Childebert Quanto caetero●… homines Regia Dignitas antecellit tanto caeterarum gentium Regna Regni vestri culmen excellit As far as Royal Dignity excels all other men so far doth the glory of your Kingdome excel others H●…norius the third says Reges Gallorum opposuerum se tanquam marus inexpugnabilis pro populo Christiano The Kings of France opposd themselfs as an inexpugnable Wall for the Christian People Gregory the ninth saith Regnum Galliae est quasi Pha●…etra quam Christus sibi circa femur accinxit ex qua sagittas electa●… extr●…hens 〈◊〉 ●…t sibi gentes Regna subjiciat in arcum brachii potentis em●… France is a Quiver which Christ tied to his thigh whence he draws Arrows for the subduing of Nations and Kingdomes c. Now touching the point of Precedence the notablest Contests that France hath had have been with Spain in the Council of Trent which lasted so many long years by intermissions the relations wherof lie scatterd up and down in divers Histories but we shall endeavour to give here a distinct and uninterrupted Narration thereof but first we will speak of a signal Contest in Venice The famous Contest twixt the most Christian and Catholique Kings in Venice as also in the Council of Trent IT is well known how that before the rearing up of that huge Colosse of the House of Austria which was Anno 1516. when Ferdinand of Aragon died Charles rendred himself very potent both in Italy as well as in Spain But he encreasd more strength after the death of Maximilian being chosen Emperour in his place at which time he was mounted to the highest pitch of sublimity and power I say t is well known how till that time the Kings of France were acknowledged the
name of the King of France was omitted ran thus The Cardinal said aloud Caroli quinti Imperatoris serenissimorum Regum qui hoc universale Concilium promoverunt protexerunt Memoria in Benedictione sit Let the memory of the Emperour Charles the fifth and of the most serene Kings who have promoted this universal Council be always Blessed Then Serenissimo Imperatori Ferdinando semper Augusto Orthodoxo Pacifico omnibus Regibus Reipublicis principibus nostris multi anni Many years to the most serene Emperour Ferdinand ever August Orthodoxal and Peaceful and to all our Kings Commonwealths and Princes Then the Fathers answerd Pium Christianum Imperatorem Domine conserva Imperator Caelestis Terrenos Reges Rectae Fidei conservatores custodi O Lord conserve the Pious and Christian Emperour O Coelestial Emperour defend Earthly Kings Conservers of the Right Faith The first Acclamation was for the Dead wherin the Cardinal forgot to express the name of Francis the 1. and Hen. 2. who had contributed their care and zeal for the good of the Council The second was for living Princes wherin he also omitted the name of Charles 9. for which the said Cardinal was blamd at the King of France his Council He excusd himself that it was for the fear he had to put division between the two Kings and withal that Charles of France being yet a minor he was like to be troubled about matters of Religion in regard of the Hugonots and might have need of King Philip therfore it was no wisdom to exasperat Him Thus have you a kinde of Epitome of the great Council of Trent specially of the celebrous Contests Intrigues Competitions and Artifices twixt France and Spain in point of Prerogative of Place and Priority of Session The next Contest was at the Congress of Ambassadors in Vervins 1598. touchd at before where the French Ambassadors receivd an Accommodation by the moderation of the Cardinal of Medici The manner of this Accommodation was thus The Cardinal Legat being under a Cloth of State at the end of the Table where the Treaty was to be held had upon his Right-hand the Nuntio and next Him the Spanish Ambassadors upon his Left-hand the Legat had the French Ambassadors and in that posture they proceeded to negotiat and Treat without any exception or animosities wherby the Business producd peaceful and blessed effects wherof all Christendome did reap very wholsome fruit After this ther happend a tough competition upon the same account of Precedence in the Court of Rome and when the Spaniard could not prevail there He went to the Emperours Court Maximilian the second his neer Kinsman wher his Ambassadors had the Prerogative of Place before the Ambassadors of Charles the ninth King of France wherupon Gaspar Coligni protested loudly against this apparent injury and that it was a sufficient cause to denounce War But Mendosa the Spanish Ambassador being much pressd hereabouts and reducd to a narrow streight found out at last this witty evasion saying Se nolle quidem anteire tamen cogi non posse ut Francorum Legatos sequeretur If He did not go before yet He could not be forcd to follow the French Ambassador Besoldus with others who are great Advocats for the Spanish Precedence beat their Brains to find out arguments to that effect amongst which the greatest is the multitude of Dominions that have accrued to the Spaniard whence they deduce this Principle Ex facto sumitur Ius Right is to be taken out of the Fact and the Fact being changd the Right also changeth Therfore the Fact and circumstances of things being changd on the Spaniards side and respect had to his encrease of Territories and present condition it may well alter the former custome of giving precedence to France Then he takes the Cudgels against England in behalf of Spain notwithstanding that he acknowledgeth out of Meteranus that the English are the most ancient Christians and that Germany his own Country owes her Religion first to Them That the Kings of England are descended of the Noblest Families of any which makes him instance in King Cunobelinus whose Coyn is to be seen to this day who raignd in Great Britain about our Saviours Nativity He alledgeth further how the King of England is feodary or subordinat to no earthly Power but is Gods immediat Vicar in his own Dominions yet he concludes simply and irrationally in these words Verùm Angli nimis antiquis argumentis pugnant praesenti Majestati Hispaniae aequiparandi minimè esse videntur The English fight with too ancient arguments and seem not to be compard to the present Majesty of Spain He speaks also as simply and indeed not without some absurdity when after those uncontroulable arguments he saith Sed porro absonum est quod Anglus Hispano Sessionis litem movet It is a senseless thing that the English shold move any debate with the Spaniard for privilege of Session And another great Champion for the Precedence of Spain viz. Diego Valdez discourseth as weakly for notwithstanding that he acknowledgeth Lucius to be a Christian King of England in the time of Pope Eleutherius which was many hundred years before ther was any in Spain that he confesseth that Summa Ratio est quae ducitur à Religione yet he wold not have England compare with Spain in point of Precedence wherby he discovers not only a great deal of injustice and partiality but also a gross Ignorance in Antiquity by calling Lucius King of England wheras this Country had not that Name till the Saxons came in which was above three hundred years after For till then t was calld Britannia by all Forreners and Loegria or Lloygher by the native Inhabitants which name continues among the Welch to this day Nor is this His Error alone but of many other great Antiquaries and some of our own Authors who having no due regard to the computation of time do very frequently call this Country England many hundred of years before the word was created Thus have we producd and faithfully alledgd the principal Arguments that France hath for a Precedence We will conclude with two late Passages which happend in this kind One was in the Hague twixt Monsieur de Thou and Don Estevan de Gamarra the Spanish Ambassador whose Coaches meeting casually in a place where ther were two Rails ther happend a scustle for Precedence but a band of Soldiers came and kept them quiet till notice was sent to the Council of State who sitting three or four hours about it at last they gave command that the Rails shold be cut down and so the way being left open the scustle ended The second was in London twixt Monsieur l' Estrade and the Baron de Batteville both of them Ambassadors at the English Court the latter for the King of Spain the other for France A new Danish Ambassador was to make his Entry through London and His Majesty of
person with his Mother and most of the chief Peers came to meet Him as far as Amyens above two days distant from Paris He carried with him 140000l sterling a prodigious sum in those days though Silver was but 20d an Ounce He transported that vast sum with him to assist the French King and other Confederats in a War against Charles 5. Emperour Ther is no History can parallel this Embassy it was performd with such a glorious Equippage Besides the Ambassador had such a Plenipotentiary and transcendent Cummission that he gave the Law both to France and the Popedome and he comported himself with such dexterity and high wisdome that all the Princes of Christendome who had their eyes fixt upon him admired him This second example shall be of another strain of Gallantry by Sir Ierome Bowes who was employd Ambassador to the Emperor of Russia who was cryed up for a Tyrant Sir Ierome at his first audience having some affronts offerd to be put upon him that he shold put off his Hat els it shold be naild to his head he was not a whit daunted but kept it on still saying he had no such commission from the Queen his Mistress Therupon the Emperour slighting the Queen in comparison of the Emperour of Germany who was the only Prince Paramount Sir Ierome replyed That his great Mistresses Father had the Emperour his Majesty speaks of to serve him in the Wars and receavd pay of him Wherupon with a kind of astonishment at his courage he parted peaceably But afterwards being advancd in his Journey as far as Archangel and being embarkd ther came some of the Emperours Officers with Presents of rich Furs for the Queen and some for himself and being come to the side of the ship with them He wold not suffer them to board but drawing out his Sword said My Mistress the Queen of England hath no need of your Catskins nor I neither therfore you may carry them back Ambassadors being sent to Bourbourgh to treat of a Truce betwixt the King of Spain and the Hollanders Doctor Dale was sent for an assistant and coming to kiss the Queens hands she told him That understanding he was a Learned Man and a good Civilian she made choice of him for that employment and she wold allow him 20s a day He humbly thankd her Majesty and said he wold spend nineteen of them evry day for her Majesties honor therupon the Queen asking him what he wold do with the other odd shilling he replyed I will keep that for my Wife Kate so the Queen encreasd his allowance Being assembled to treat ther was a Debate in what Language they shold treat the Spanish Ambassador thinking to put a jeer upon our Ambassadors said Let us treat in French for your Queen is Queen of France No said Doctor Dale then let us treat in Hebrew for your Master the King of Spain calls himself King of Ierusalem Sir Edward Herbert late Earl of Cherberry being Ambassador in France it happend that he had a clash with the great Favorit and Constable Luynes which was thus Sir Edward had receavd privat Instructions from England to mediat a Peace for Them of the Religion and in case of refusal to use certain Menaces Hereupon He coming to the Army which was then before St. Iean d'Angely where the King was in person and he finding that the approches to the Town were almost finishd He hastned his address to the King for an audience The King referrd him to Luynes desiring that what he had to say might be imparted unto Him Wherupon he went accordingly to Luynes Lodgings and deliverd his Message but so that he reservd the latter part which was Menaces until he heard how the business was relishd Luynes had hid behind the Hangings a Gentleman of the Religion who was upon point of turning Roman that being an Ear-witness of what had passd between the English Ambassador and Luynes he might relate unto Them of the Religion what little hopes they were to expect from the intercession of the King of England The Ambassador and Luynes having mingled some Speeches the language of Luynes was very haughty saying What hath your Master to do with our Affairs why doth he meddle with our Actions Sir Edward replyed It is not you to whom the King my Master doth owe an account of his Actions and for Me t is enough that I obey Him In the mean time I must maintain that the King my Master hath more reason to do what he pleaseth to do then you have to ask why he doth it Nevertheless if you desire me in a gentle fashion I shall acquaint you further Wherupon Luynes bowing a little said Very well The Ambassador answerd That it was not on this occasion only that the King of Great Britain had desired the peace and prosperity of France but upon all other occasions whensoever any troubles were raisd in that Country And this he said was his first reason The second was That when a Peace was setled there his Majesty of France might be better disposd to assist the Palatin in the affairs of Germany Luynes said We will none of your advices The Ambassador replyed That He took that for an answer and was sorry only that the affection and good will of the King his Master was not sufficiently understood and that since t was rejected in that manner He could do no less then say that the King his Master knew well enough what He had to do Luynes answerd We are not afraid of you The Ambassador smiling a little replyed If you had said you had not loved us I shold have beleevd you and made you another answer in the mean time all that I will tell you more is this That we know very well what we have to do Luynes herupon rising a little from his Chair with a fashion and countenance much discomposd said By God if you were not Monsieur the Ambassador I know very well how I wold use you The Ambassador r●…sing also from his Chair said That as he was his Majestie of Great Britain's Ambassador so he was also a Gentleman and that his Sword wheron he laid his hand shold do him reason if he had taken any offence After which Luynes replying nothing the Ambassador went on his way towards the door and Luynes seeming to accompany him the Ambassador told him That after such Language ther was no occasion to use such ceremony and so departed expecting to hear further from him But no message being brought him from Luynes he did in poursuance of his Instructions demand audience of the King at Coignac St. Iean d'Angely being now renderd up who granting it he did in the same terms and upon the same motives mediat a Peace for Them of the Religion and receavd a far more gentle answer from the King The Marshal of St. Geran coming to Sir Edward Herbart told him in a frendly manner You have offended the Constable and you are not in
a place of surety here Wherunto he answerd That he held himself to be in a place of surety whersoever he had his sword by him Luynes little resenting the affront he had receavd from Sir Edward Herbert got Cadenet his Brother Duke of Chaune with a ruffling Train of Field-Officers neer upon a hundred wherof ther was not one as Cadenet told King Iames but had killd his man I say this Man came Ambassador Extraordinary to England a little after who mis-reporting the Traverses twixt Herbert and Luynes prevailed so far that Sir Edward Herbert was presently revokd to answer the Charge that shold be laid against him In the mean time the Earl of Carlile was employd Ambassador Extraordinary to France for accommodating Le Mal Entendu which might arise betwixt the two Crowns Carlile was commanded to inform himself of the truth of the business aforementiond and he could meet with no relation but what Luynes had made himself wherin more affronting and haughty expressions were laid to Sir Edward Herberts charge then had truly passed For though the first provocation came from Luynes yet the Ambassador kept himself within the bounds both of his Instructions and Honor. But as my Lord of Carlile was ready to send this mis-information to England the Gentleman formerly spoken of who stood behind the Hangings came to the Earl of Carlile and said That he owd so much duty to Truth and Honor that he could do no less then vindicat Cavalier Herbert from all indiscretion and unworthiness and therupon related the true circumstance of the business which was as it was before told The Earl of Carlile being thus rectified in knowledg of the truth gave account to King Iames accordingly who cleerd Sir Edward Herbert and resolvd to renvoy him Ambassador to France wherof he having notice He kneeld to the King before the Duke of Buckingham and desird that since the business was publik in both Kingdoms he might in a publik way demand reparation of Monsieur Luynes for which purpose he beseechd his Majesty that a Trumpeter if not a Herald might be sent on his part to Monsieur Luynes to tell him That he had made a false relation of the passages before mentiond and that Sir Edward Herbert wold demand reason of him with sword in hand on that point The King answerd that he wold take it into consideration but Luynes a little after died and Sir Edward Herbert was sent Ambassador to France again Iohn the late Earl of Bristol being Ambassador in Spain had many clashes with the Alguazils and the Alcalde himself together with divers Officers to preserve the Privileges of his House in point of Sanctuary which was done with much courage and discretion But ther was one signal passage among divers other One Scoppius had publishd an infamous base Book against King Iames and being in Flanders where Sir Iohn Benet was sent for among other things to demand Justice of the Archduke upon him he had fled to Madrid and the Earl being in despair to get him punishd there where the Iesuits are so powerful he employd a good resolut Gentleman Mr. George Digby his Kinsman to give the said Scoppius a Bala●…re or slash ore the face which he did to some purpose for t is athwart ore his face and his mouth that had offended which he carried as a mark of Revenge to his Grave The said Earl being also employd Ambassador to the Emperour in the heighth of the Wars for the Palatinat and returning neer Heydelberg or therabouts where Count Mansfelts Army was upon which the greatest strength of the Palsgrave depended which Army being ready to disband for want of Pay the Earl of Bristol pawnd his whole Cupboard of Plate to find mony for the said Army els all had bin lost at that time Such an extraordinary Noble Act and beyond Commission the Earl of Leicester did propose also to do when he was Ambassador to the King of Denmark For wheras that King made a delay to pay the Portion which was due unto the Lady Elizabeth out of the Estate of Queen Sophia her Granmother which amounted to about 150000 l. and which the said Earl had power to receave and the reason of the King of Denmarks delay being because ther were some accounts to be liquidated twixt his Nephew the King of Great Britain and Him The said Earl provided he might receave the said Portion due to the Lady Elizabeth to comfort her now in her great extremities offerd to engage besides his Honor all the Estate he had in England which his Majesty must partly know that this shold no way prejudice the accounts that were twixt Him and the King of Great Britain This motion of the Ambassadors was highly extolld by the King and all the Danish Court for the Nobleness of it The said Earl being afterwards Ambassador for many yeers in France he wold never give Precedence to Cardinal Richelieu and touching Hugo Grotius who as he was Ambassador for Sweden wold have made his Coaches drive before his he was put back avec un pied de nez with a Nose a footlong as is mentiond more at large in the last Paragraph of Great Britain which went before Liberorum Cerebri Sextus Post Quadraginta FINIS The Bookseller to the Reader THe Reason why ther is no Table or Index added herunto is That evry Page in this Work is so full of signal Remarks that were they couchd in an Index it wold make a Volume as big as the Book and so make the Postern Gate to bear no proportion with the Building CHR. ECCLESTON
Π Ρ Ο Ε Δ Ρ Ι Α Β Α Σ Ι Λ Ι Κ Η A DISCOURSE Concerning the PRECEDENCY OF KINGS Wherin the REASONS and ARGUMENTS Of the Three Greatest Monarks of Christendom Who claim a several Right Therunto Are Faithfully Collected and Renderd Wherby occasion is taken to make Great Britain better understood then some Forren Authors either out of Ignorance or Interest have represented Her in order to this Particular Whereunto is also adjoynd A distinct Treatise of AMBASSADORS c. Symbolum Authoris Senesco non Segnesco LONDON Printed by Ia. Co●…trel for Sam. Speed at the Rainbow and Chr. Eccleston at the middle shop under St. Dunstans Church in Fleetstreet 1664. TO HIS MAJESTY OF Great Britain France and Ireland c. SIR THer are many who have written of the Pre-eminences and Antiquity of the Power and Prerogatives of France and Spain in order to a Precedence or Superiority But while they magnifie their own Kings they derogat from other Moreover while they produce their Resons they often fall into such excesses of speech that they may be calld rather Rodomontados then Resons But ther is none who hath written yet of Great Britain in relation to this Point therfore t is the principal scope of this VVork wherin ther is an Endevour to make Her better understood and to prove by Relevant and lively Resons without offence to any That the Monark of Great Britain if He go not before at least He ought not to come behind any King whatsoever Now in regard t is a Theme of so sublime a Nature and depends chiefly upon ancient Records History and the Opinion of Civilians who have bin principally consulted the Author hath had a special Care and Caution to be very exact and tru in his Quotati ons of all kinds Lastly The Author most humbly under favor did deem Himself not altogether incapable of such a Task for having bin in most of the great Courts of Christendom For having Negotiated by Royal Commission above three years in the Court of Spain For having bin Orator in an extraordinary Ambassage to Denmark and divers Princes of Germany For having bin so often in France and sundry Courts of Italy c. He may be thought not to be Impar Negotio May all the Blessings and best Influences of Heven light upon Your Royal Head this New-Year and many many many more according to the due and dayly Devotions of the humblest of Calendis Januarii 1664. Your MAJESTIES Votaries Vassals J. Howel To the Discerning Reader THe Ingredients and Matter wherof this New kind of Historical Peece is composd may be said to be all of Crown-Gold the subject therof being Kings Whence it is worth the observing that History is a Lady of that Excellence that she hath Kings to her Subjects We well know what a ticklish and tremendous Task it is to treat of Kings who have power of Life and Death Ther must be as much Caution as Care usd therin It is as perilous as it is painful It is as walking upon the Ridg of a high House or dancing upon a Rope where unless one be well counterpoizd he is in danger to break his Neck Especially a task of this high nature that treats of Regal Precedence And we find that they who write too peremptorily thereof have done it with more offence then satisfaction And indeed ther was never any binding Determination made therof but where Decisions have bin made the Princes upon new occasions have excepted or protested against them Therfore the Author here doth not presume to determine the Question positively and definitively en dernier ressort for Tantas componere lites Non opis est nostrae Therfore he refers it to the Discerning Reader who is left free and evry way unsubornd to pass his Iudgment accordingly in mesuring evry King by the merit of his own Resons which are here fairly and faithfully exhibited and those of France and Spain exactly drawn out of their own Authors having not omitted any that hath any weight Now t is found among Historians that Contestations about Precedence of Session and Superiority with other Formalities Complements Visits and Ceremonies have bin very fatal to Christendom And t is observd also that the various Dignities in the Church hath multiplied them The great Clash twixt Rome and Constantinople twixt St. Peter and St. Andrew was the unhappy cause of the Defection and total Separation of the Greek Church from the Latin The hot Dispute for Precedence twixt the Emperour Frederiki and Pope Adrian 4. did put all the Christian world on fire The great Oecumenical Council at Lyons which concernd so much the interest of Christendom broke up about Punctilios for Precedencie The great Contest twixt Patriarks and Cardinals bred a great deal of confusion but at last the Patriarks had the better for they of Constantinople Hierusalem Antioch and Alexandria precede the Cardinals though they be calld the Princes of the Church and have the Prerogative not to be tryed without 72 Witnesses I mean the Bishop-Cardinals 44 Witnesses the Cardinal-Priests and 30 the Deacon-Cardinal One of the 24 Causes and it proved the greatest that the English lost France was a Clash that happend at St. Omers twixt the Duke of Bedford and Burgundy about Punctilios of Complement and Precedency That hopeful Trety of Peace at Bullen twixt Queen Elizabeth and her Brother-in-law Phil. 2. King of Spain after a long lingring War by Sea and Land broke off for question of Precedence or rather for the peevishness of the Spanish Ambassadors who had no other Argument that had any probability of reson but that the Catholik King was encreasd in Territories wheras the Civilians say that Supervenient and Accessory Dominions with accumulation of Titles have no force twixt Princes all the while they continue still in eodem gradu dignitatis Nor could they give any answer at all to the Arguments the English Ambassadors producd wherof one was that of Volaterranus who doth plainly relate how the Pope did adjudge the Prerogative of Precedence to Hen. 7. of England before Ferdinand of Spain as it will appeer more at large in the following Discours Now ther have bin divers means found by prudent Mediators from time to time for accommoding and reconcilement of differences in point of Precedence somtimes by dilatorious ways somtimes by Alternatif Determinations yet Jure Partium integre reservato As the great clash twixt Warwick and Buckingham in England was composd that they shold precede alternatim evry three yeers so the hot contest twixt the Ursini and the Colonnas two of the antientst Families in Rome was reconcild that the elder of the two who were living shold precede which makes the younger never come to the Popes Chappel where they take place next Kings Ambassadors The difference Inter Scherensem Wolfeggianam Familiam in Germany was reconcild that the one shold carry the Pomum Aureum the Golden Apple of the Empire going in the other at
of England and Iohn 2. of Denmark and Norway 1490. England is put before France as for example Sancitum est quod Mercatores Homines Ligii Piscatores quicunque alii Reg. Angliae Franciae subditi liberè possint temporibus futuris in perpetuum ad Insulam Tyle i. e. Islandiam c. Augustus de Cavallis who is no obscure Author infers the Queen of England from her Ancestors both in respect of Inheritance Conquest and Gift to be Queen of France de Iure In the Treaty twixt Hen. the 7. and Philip of Castile 1506. the English Commissioners subsign'd first As also in the Treaty of Marriage with Queen Mary Anno 1533. the first Signature is given to the English Ambassadors When Queen Elizabeth employed the Earl of Derby the Lord Cobham Sir Iames Crofts Doctor Dale and Doctor Rogers in quality of Ambassadors with their Assistants to Ostend anno 1588. Dignitatis Praerogativa incedendo sedendo The Prerogative of going and sitting was given her Ambassadors In the Treaty at Bullen twixt England and Spain for renewing the Burgundian League Queen Elizabeth sent Sir Hen. Nevil Sir Iohn Herbert Robert Beale and Tho. Edmunds who in their Instructions had command in no case to give Precedence to the Spanish Ambassadors but being met ther was a Contest happend The English produc'd a Certificat procur'd privatly from Rome out of the Book of Ceremonies there which according to the Canon giveth the Rule in such cases That the King of England is to have place before the King of Castile That the English quietly held this Right in the Councils of Basil Constance and others They alledg'd also that the Kingdom of Castile which is the Spaniards first Title is but an upstart-in regard of England for it had no Kings but Earls till the year 1017. Moreover Pope Iulius 3. gave sentence for Hen. 7. of England against Ferdinand of Spain in this particular c. Furthermore for Eminency of Title Great Britain is oftentimes calld an Empire by Forren Authors nay Pope Urban terms it a World of it self at the Council of Clermont almost a thousand years since wherin the Archbishop of Canterbury is call'd Alteterius Orbis Papa The Pope of another World What wold he say now that Ireland and Scotland are added Some of the Saxon Kings stil'd themselfs Emperours as Ego Ethelredus Ego Edgarus Anglorum Induperator c. William the Conqueror writ Ego Willielmus Rex Anglorum ab incarnatione Domini 1089. 2 Anno mei Imperii This is found upon record in his Charter to the Monastery of Shaftsbury In Hen. 8. Raign the eighth year thereof England was declar'd an Empire in Parlement where he had also these Epithets Metuendissimus Praepotentissimus and London was call'd the Imperial Chamber But most memorable is that of King Edgar in the Charter that he gave the Church of Worcester Which Charter is yet extant and runs thus Altitonantis Dei largifluâ clementiâ qui est Rex Regum Ego Edgarus Anglorum Basileus omniumque Regum Insularum Oceanique Britanniam circumjacentis cunctarúmque Nationum quae infra Eam includuntur Imperator Dominus Gratias ago ipsi Deo omnipotenti Regi meo qui meum Imperium sic ampliavit exaltavit super Regnum Patrum meorum Qui licet Monarchiam totius Angliae adepti sunt à tempore Athelstani qui primus Regnum Anglorum omnes Nationes quae Britanniam incolunt sibi Armis subegit nullus tamen Illorum ultra ejus fines Imperium suum dilatare aggressus est Mihi autem concessit propitia Divinitas cum Anglorum Imperio omnia Regna Insularum Oceani cum suis ferocissimis Regibus usque Norwegiam Maximamque Partem Hiberniae cum sua nobilissima Civitate Dublinia Anglorum Regno subjugare Quos etiam omnes meis Imperiis colla subdere Dei favente gratia Coegi Quapropter ut Ego Christi Gloriam laudem in Regno meo exaltare ejus servitutem amplificare devotus disposui per meos Fideles Fautores Dunstanum Archiepiscopum Ayeliolanum ac Oswaldum Archiepiscopos quos mihi Patres Spirituales Consiliarios elegi magna ex parte disposui c. Facta haec sunt anno Dom. 964. Indictione 8 Regni Ego Alfrye Regina consensi signo Crucis confirmavi ✚ This being so ancient a Record and of so high a Tenure I thought good to render it into English for the satisfaction of the Common Reader By the clemency of the high-thundring God who is King of Kings I Edgar King of the English and of all Kings of Ilands and of the Ocean circumjacent to Britain and of all Nations which are included within her Emperour and Lord I give thanks only to Almighty God my King that he hath amplified and exalted my Empire above the Kingdome of my Fathers who although they had obtain'd the Monarchy of all England from the time of Athelstan who was the first that subdued the Kingdom of the English and all Nations who inhabit Britain yet none of them attempted to dilate his Empire beyond its bounds But propitious Divinity hath granted unto me to subjugat together with the Empire of the English all the Kingdomes in the Iles of the Ocean with their most ferocious Kings as far as Norway and most part of Ireland with her most Noble City of Dublin All whom I compell'd to bow their Necks to my Commands the Grace of God so favouring me c. This King Edgar though very little of stature was so magnanimous and successful that he was Row'd upon the River of Dee by four subjugated Kings whereof Kennad King of Scots was one Ther is also a very remarkable and authentic story of King Canutus afterwards who being upon Southampton-Strand at the flowing of the Sea he sate in a Chair of State which was brought him upon the sands and the Billows tossing and tumbling towards him he gave the Sea this command Thou art my Subject and the Earth wheron I sit is mine and ther was none yet that ever resisted my Command who went unpunish'd Therefore I command Thee that Thou come not up upon my Earth nor presume to wet the Garment or the Body of thy Lord. But the Sea continuing his cours dash'd and wetted his feet and thighs illfavouredly without any reverence or fear whereupon the King stepping back declar'd That none is worthy of the Name of a King but only He whose Nod both Sea and Earth observd And as the story hath it he never wore the Crown of Gold again but being fix'd to a Cross did consecrat it to the Image of our Saviour Ther have been also Titles of Dignity given to our Kings in the Abstract which hath more of State and Substance in it then the Concret as Celsitudo Tua Magnitudo Tua given by the Pope in his Letters to Ed. 2. And Edward the 4. was us'd to write Nostra Regia Majestas though indeed that word
King of the Stuarts was a British Lady And as ther is a Register of 139 British and English Kings so there is an exact Catalog of 110 Scots Kings wheras all the three Races of the French Kings make but 64 Kings in all Nor did any of those three Royal Races continue much above 300 yeers in a Bloud but were quite extinguishd both Merovingiens Carlevingiens and Capevingiens The House of Valois extinguished in the late Queen Margaret first wife to Hen. 4. And this present King is but the Third of the House of Bourbon Spain cannot say so much for the furthest Line that Her Kings can draw is not much above 500 yeers ago from the Counts of Castile nor was ther ever any King of Castile till the yeer 1017. And touching the House of Austria it became Royal but about 300 yeers since To conclude this Paragraph his present Majestie of Great Britain in point of Royal Extraction and Linage is the Greatest born Prince that any Age can produce For wheras his Granfather and Father were allied only if you regard Forren Consanguinity to the House of Holstein and that of Lorain Charles the second of England bears in his Veins not only That Bloud but also the Blouds of all the Great Princes of Christendom being neerly linkd to the Houses of France and Bourbon To the House of Austria and consequently to the Emperour and Spain by the Maternal side as also to the Dukes of Savoy and Florence Moreover He is neerly allied to the King of Denmark and to all the prime Princes of Germany as the Saxe Brandenburg Bavaria the Palsgrave c. The seventh Paragraph Touching the Hospitality and plentiful Kingly Court with number of Officers and Stately Attendants of the King of Great Britain T Is ordinary for Latin Authors old and new to break out into the praises of Great Britain and their Elogiums are many but le ts hear what a great Greek Poet speaks of Her 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 No Ile did ever dare With Britain yet compare Among other Encomiums of England she is much cried up for her wonderful fecundity and fulness of all things relating to the nourishment of mankinde all things that Earth Water or Air can afford which with the Divine benediction must be imputed to the temper of the Clime And besides ther be gentle breezes that are conveyd from the circumfluent Seas which refresh all kinde of animals both Brute and Rational The clouds there may be truly said to drop fatness dissolving into silver wholsom showers to soften and fertilize her Glebes In December and Ianuary there is commonly Frost enough to knit and corroborate the joynts of the earth In February ther is usually Snow enough to fill the Dikes and like a gentle white rugg to cover her plowd fields and keep the bed of the earth warm from the inclemency of the circumambient cold air It is observd that ther is not such a multitude of Volatils any where And touching her Seas ther are not any wher so great variety of Fish swimming in such huge shoals like mountains and taking their turns and seasons about the Iland once every yeer Her fresh rivers are also full of them Her Forests and Woods have not such ravenous beasts as other Countries use to have yet ther are store of savage beasts for Recreation as the Stagg the Hind the Hart the Hare the Otter the Fox and Badger c. The bowels of the earth are no where so pregnant of Metals Stone and Fuel c. The Sun which scorcheth other Countries may be said but to warm the English soyl with his gentle rays The Air is nothing so foggie and dull as in many other Regions but cleerd and attenuated ever and anon with refreshing blasts Nor is the body of the earth so subject to shaking Agues and Earth quakes to trepidation and quakings as other places are which are full of sulphurous bituminous concavities Touching store and superfluity of Corn with all sorts of Grain Britain in the times of the Romans was calld as Tacitus says the Barn and Granary of the Western world Take all these particulars together the Poet doth not much complement with England when he breaks thus into a Character of her Anglia Terra ferax Tibi pax secura quietem Multiplicem luxum merx Opulenta dedit Tu nimio nec stricta gelu nec sydere fervens Clementi Coelo temperiéque places Cùm pareret Natura parens variásq favore Divideret dotes omnibus una locis Sepofuit potiora Tibi Matremque professa Insula sis foelix plenaque pacis ait Quicquid amat luxus quicquid desiderat usus Ex Te proveniet vel aliunde Tibi This is the cause of that infinit Commerce she hath to all parts of the habitable earth as far as the Antipodes and the incredible benefit which other Nations make of her Commodities Insomuch that Guicciardine an Author well to pass relates that after the Articles of the Intercursus magnus were made with Flanders or the Netherlands the Annual Trade amounted unto above twelve Millions Sterling whereof the one half was in Woollen Manufactures wherby the 17 Provinces did wonderfully improve in Negotiation and Wealth Insomuch that the ground of the Order of the Golden Fleece established by the Duke of Burgundy related to the English Wool which proved so infinitely beneficial unto them From this marvelous exuberance and superfluity of substantial Staple-commodities proceed the luxe the plenty and profuseness of the Inhabitants for ther is no wher such frequent Invitations and Feasts in Town and Country which made one say That among others England hath an Inchanting kind of quality to make Forreners forget their own Countries when they have once tasted of the sweetness therof The Franklins Yeomen or Freeholders live like Gentlemen The Gentlemen and Esquires live like Noble-men The Noble-men like Princes The Lord Maior and Sheriffs of London have Tables most days of the week fit to entertain Kings Now touching the Royal Court which may be calld the Epitome of the whole Country Ther is no King whatsoever lives in that height of magnificence and plenty Ther was communibus annis servd in kind in provisions for his Majesties house by way of composition 3790 quarters of Wheat 1493 Oxen fat and lean 7000 Muttons 1231 Veals 310 Porks 410 Sturks 26 Boars 320 Flitches of Bacon 6820 Lambs 40 Barrels of Butter 145 dozen of Geese Capons cours 252 dozen Hens 470 dozen Pullets cours 750 dozen Chickins cours 1470 dozen Wax 3100 weight sweet Butter 46640 pounds Charcoals 1250 loads Talwood Billets Faggots 3950 loads Herrings 60 barrels Wine-cask from the Vintners 600 Tun c. Beer 1700 Tun c. This was for the first cours Now for the second cours innumerable sorts of Fowl and Fish according to the season which was exactly observd This made Bodin the great Critique to confess that considering all things ther was not a more magnificent and
two of the fairest flowers in the English Crown in lieu wherof it may be sayd ther is set in an ear of barly with a Chimney Wallflower ther is froth and fume given in exchange which doth so much sully the luster of it for as I intimated before the state and plenty of the Court was accounted the greatest glory of the Crown of England as Forren Authors of most Nations do acknowledg in their public Writings Now wheras some do affirm that the yeerly benefit of the Excise doth make a full compensation for the Court of Wards and tenures in Capite out of which ther was also computed fifty thousand pounds yeerly towards the Diet at Court It is too well known that the said Excise doth not make the King any Equivalent satisfaction for his Tenures alone if well managd much less for his Pourvoyances Preemptions and Carriages For ther was an exact account made by his Majesties special command of the last yeers expence that ther were Seventy three thousand six hundred and seven pounds fourteen shillings and seven pence spent more in the Court-diet and provision of the Stables then were in the time of Pourvoyance besides the extraordinary charge of Carriages for his Removes and Navy Royal. Now in expending those provisions that were servd into the Court by way of Pourvoyance and Composition ther was the greatest care and Oeconomical good husbandry usd that possibly could be for when ther were more Beefs and Muttons with other provisions servd in then the Court wanted The faithful Officers of the Green-cloth caused them to be Sould and with the moneys arising thence they were commonly usd to buy Napery and other Houshold-things for the service of the Kings House as also in paying the arrears of som of his Servants wages with the surplusages But now that we dance after the French Fiddle so fast as we always did so for the back and now begin to follow him also in things relating to the Belly by Board-wages c. I wish the time may not come that we do not follow him too farr As that one cannot put a grain of Salt in his pot unless he buy it of the King wherby in making Salt his own Commodity the French King raiseth by the meer Gabel which ariseth thence above 20 millions of Livres evry yeer which is two millions Sterling which sum is twice more then the King of Great Britain hath from all Incoms whatsoever as Crown-lands Customes and Imposts Excise and Chimney-money with other perquisits and casualities And as the French thus cannot put a grain of Salt in his pot so the Spaniard cannot put a corn of Peper into his Olla unless he hath it from the King Nor can he buy a pair of Cards or Dice to pass away the time withal unless he hath them of the King Nay he cannot buy half a sheet of Paper to write either Bond or Bill Acquittance or Receit or other legal Instrument but he must buy all of the King Which adds millions to his yeerly Revenues yet the peeple of Spain are cryed up for a free peeple But touching the Imposition of Excise which is given the King for his Royal Tenures and House-keeping I well remember the time that Excise was held such an abominable word that my Lord Carleton but only for naming it once in the Parlement-House yet to no ill meaning at all was violently cryed to the Bar and though a person of that eminence as being then a Privie Counsellor and principal Secretary of State he hardly escapd being committed to the Tower The Excise was then calld the Dutch Devil because it came first from Holland with other fine words as plunder storming c. which were all made free Denizons of England by that so longd-for Long Parlement And observable it is that the first imposing and use of Excise in England was to enable Rebels to make War against their King and Country Having thus briefly run over the Sumptuary part of the English Court we will now proceed to the Servants and Officers to the Attendance and State thereof which comes not behind any other Court whatsoever And this might be the ground of that ancient Proverb in England and nowhere els There is no Fishing to the Sea nor Service to the Kings The Court is the randevous of Vertu of Cadets and persons well qualified It is the Scale by which they rise the King being the fountain of Honour as well as of Bounty But before we come to speak of the Officers at Court and of their Diet and Bouche which by a pitiful corruption is vulgarly calld budg wheras it is bouche a mouth therfore it is a French phrase Il a bouche à la Cour He hath a mouth at Court viz. he hath a Diet I say before we come to speak of the Dishes and Diet at Court let the Reader take this small Advertisement in the way that evry Dish at Court was computed to cost the King viis modis at the years end 100 l. a dish But now since the Preemption and Pourvoyance is taken away evry dish doth stand in four times as much at least The Kings Court or Houshold The Lord Great Chamberlain and Earl Marshal are rather Officers of State and as it were extraneous in relation to the Houshold so in a manner are the four Officers of the Crown who use to have Houses abroad viz. The Lord Chancellor or Keeper of the Great Seal of England The Lord high Tresurer The Lord Privie Seal The Lord high Admiral But the properst Domestick Officers are as follow viz. The Lord Steward of the Houshold who hath allowed him evry day besides his Fee 32 dishes The Tresurer of the Houshold 32 dishes and besides his table he hath a Fee of 123 l. 14 s. 4 d. The Controuler besides thirty two dishes a day hath a Fee of 167 l. 17 s. 4 d. The Cofferer besides his Table hath 100 l. The principal Secretary of State hath besides his Table 100 l. The Secretary for the Latin Toung Fee 40 l. The Secretary for the French Toung Fee 66 l. 13 s. 4 d. The Clerks of the Signet Fee every one 40 l. Four Clerks of the Privie Council Fee evry one 50 l. Clerk of the Council in the Star-chamber Fee 26 l. 13 s. 4 d. Two Clerks of the Parlement Fee The first 40 l. Two Clerks of the Parlement Fee The second 10 l. Clerk of the Market Fee 20 l. Post-master Fee 20 l. Thirty standing Posts appointed by the Post-master evry one Fee 18 l. 5 s. Two Carriers To one 24 l. 3 s. 4 d. Two Carriers To the other 12 l. Officers above Stayrs Lord Chamberlain of the Houshold besides his Table of thirty two dishes a day hath a Fee 100 l. The Groom of the Stole who is always a Gentleman of the Bed-chamber hath evry day 32 dishes Vice-chamberlain Fee 100 Marks Knight-Marshal Fee 100 Marks The Gentlemen of the Privie Chamber whose
of the Ordnance fee 151 l. 11 s. 8 d. Two Clerks one per diem 10 d. Two Clerks the other 8 d. Surveyor fee 36 l. 10 s. One Clerk per diem 8 d. Riding-costs per diem 6 s. Lieutenant of the Ordnance fee 100 Marks One Clerk per diem 8 d. Boat-hire upon all occasions 8 l. Riding-costs 0 s. 0 d. Keeper of the great Store fee 40 l. Clerk per diem 8 d. Riding-costs 0 s. 0 d. Keeper of the small Store fee 40 Marks Riding-costs 0 s. 0 d. Clerk of the Deliveries fee 20 l. Master-Gunner of England fee per diem 2 s. 6 d. 〈◊〉 maker fee per diem 12 d. 18 l. 5 s. Saltpe●…er-maker fee 18 l. 5 s. Two Gun-founders 33 l. 9 s. 2 d. Gun-smith fee 6 d. per diem 9 l. 2 s. 6 d. Engin-Artificer fee per diem 4 d. 6 l. 1 s. 8 d. Master-Carpenter fee per diem 8 d. 12 l. 3 s. 4 d. Ordinary Gunners or Cannoneers one hundred and nine fee 1161 l. 18 s. 4 d. Yeoman of the Ordnance fee per diem 9 d. 13 l. 14 s. 1 d. The Tower of London Constables fee 100 l Lieutenants fee 200 l. Porters fee 9 l. 2 s. 6 d. Yeomen-Waiters or Warders fee 9 l. 2 s. 6 d. Allowance for Fuel 6 l. 13 s. 4 d. Keeper of the Lions c. fee 36 l. 14 s. 6 d. Carpenter fee 12 l. 3 s. 4 d. Keeper of the Wardrobe fee 12 l. 13 s. 4 d The Armary Master of the Armary fee 31 l. 18 s. 9 d. Armarers under the Master twenty one at 36 l. Five evry one at 20 l. Three evry one at 15 l. The rest evry one at 9 l. 2 s. 6 d. The Mint Master or Tresurer of the Mint fee 100 l. Controuler of the Mint fee 100 Marks Assay-master fee 100 Marks Clerk of the Mint fee 10 l. Auditor of the Mint fee 44 l. 6 s. 8 d. Allowance for Paper 〈◊〉 and other necessaries 10 l. Teller of the Money fee 33 l. 6 s. 8 d. Survayor of the Melting-house fee 26 l. 13 s. 4 d. Clerk of the Irons fee 13 l. 6 s. 8 d. Chief Graver fee 30 l. Chief Finer fee 10 l. Sinker of Irons fee 10 l. Three Melters fee evry one 13 l. 6 s. 8 d. Two Branchers fee evry one 13 l. 6 s. 8 d. Pourvoyer fee 10 l. Pot-maker fee 10 l. Porter fee 10 l. Diet to all these Officers by the week 1 l. 10 s. The high Court of Chancery Lord Chancellor or Lord Keeper of the Great Seal of England fee per diem 23 s. 419 l. For his attendance in the Star-chamber 200 l. More by name of Annuity 300 l. Robes out of the Wardrobe 40 l. Wine out of the Butlery twelve Tuns 72 l. Wax out of the Wardrobe 17 l. Sum. allocat per an 1048 l. Master of the Rolls fee 34 l. 15 s. 8 d. Livery out of the Hamper 28 l. 8 s. 4 d. Masters of the Chancery fee apiece 6 l. 13 s. 4 d. Clerk of the Crown fee 20 l. Livery for Summer and Winter 26 l. 13 s. 4 d. Protonotary fee 33 l. 13 s. 4 d. Clerk of the Hamper fee 43 l. 13 s. 4 d. Annuity 40 l. Livery for himself and his Clerk 6 l. 13 s. 4 d. Controuler of the Hamper fee 10 l. Enrollers of Evidences fee 20 l. Seal fee 6 l. 16 s. 10 l. Livery ●…0 s. Sargeant at Arms fee 18 l. 5 s. Cryer Fee and Livery 7 l. 16 s. 10 d. Chafer of Wax 7 l. 6 s. 7 d. Necessary charges of Wax Parchment Paper Riding Coats and other yearly Expences 220 l. The Privie Seal Lord Keeper of the Privie Seal fee per diem 1 l. Allowd for his Table at Court 345 l. Clerks of the Privie Seal fee apiece 50 l. Four Masters of the Requests fee apiece 100 l. The Kings Bench. Lord Chief Justice of the Kings Bench who holds his place onely by a short Writ not by Patent as others do for his Fee Reward and Robes 208 l. 6 s. 8 d. Wine two Tuns 10 l. Allowance for Justice of Assize 20 l. To three Justices assistants Fee Reward and Robes apiece 128 l. 6 s. 8 d. Allowance to evry one as Justice of Assize 20 l. Clerk of the Crown fee 10 l. Livery out of the Wardrobe 6 l. 13 s. 4 d. Protonotary fee 26 l. 13 s. 4 d. Keeper of the Writs and Rolls fee 8 l. Cryer fee 6 l. 13 s. 4 d. The Common Pleas. Lord Chief Justice of the Common Pleas Fee Reward and Robes 141 l. 13 s. 4 d. Wine out of the Butlery two Tuns 8l Allowance for keeping the Assize of the Augmentation-Court 12l 10s Allowance for Justice of Assize 20l. Three coadjutant Justices Fee Reward and Robes to evry one 128l 6s 8d Allowance for being Justices of Assize 20l. Attorney-General fee 61l Allowance for being Justice of Assize 20l. Sollicitor-General fee 50l Keeper of the Writs and Rolls fee 4l Four Sargeants at Law to each Fee Rewards and Robes 26l 6s 8d Allowance as Justice of Assize 20l. Allowance for keeping the Assizes of the Court of Augmentations 12l 6s 8d Cryer fee 5l Chief Officers of the Kings Revenues and of the Exchequer The Lord High Tresurer of England fee 368l Robes out of the Wardrobe 15l 7s 8d Wine so many Tuns Impost free 0l 0s 0d Allowance for Diet 0l 0s 0d Chancellor of the Exchequer fee 113l 6s 8d Livery out of the Wardrobe 12l 17s 4d Tuns of Wine Impost free 0l 0s 0d Officers of the Exchequer-Court Lord Chief Baron fee 100l Livery out of the Wardrobe 12l 17s 4d Allowance for being Justice of Assize 20l. Tuns of Wine Impost free 0l 0s 0d The Barons of the Exchequer to each fee 46l 13s 4d Livery out of the Wardrobe 12l 17s 4d Allowance for being Justices of Assize 20l. Other Officers of the Exchequer The Kings Remembrancer fee 55l 17s 4d Livery out of the Wardrobe 4l 12s 4d The Lord Tresurers Remembrancer fee 46l 2s 1d Livery out of the Wardrobe 2l 13s 4d Clerk of the Pipe fee 65l 4s 2d Livery c. 2l 13s 4d Under-Tresurer of the Exchequer fee 73l 6s 8d Livery c. 4l 6s 8d Seven Auditors fee evry one 10l Forren Opposers fee 16l 13s 4d Clerk of the Extreats fee 15l Clerk of the Pleas fee 5l Clerk of the Summons fee 4l Two Marshals fee apiece 4l Two Deputy-Chamberlains fees apiece 2l 10s Two Secondaries in the Kings Remembrancers Office fee evry one 8l Two Secondaries in the Pipe-Office fee 5l Four Secondaries in the Tresurers Remembrancers Office fee evry one 4l Clerks of the Tallies fee evry one 17l 10s Clerk of the Pell fee 17l 10s Four Tellers fee evry one 13l 13s 4d Clerk in the Pipe-Office for offring Amercements fee 9l 13s 4d Clerk in the Office of the Kings Remembrancer fee for writing the Fines Issues and Amercements due to the King evry year 15l 6s 8d Clerk in
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
of Peace As I was writing this me thought I had whisperd in my ear that the French King hath one kind of Power that transcends any of the King of Great Britains which is that he may impose what Taxes he please upon the peeple by his Edicts alone T is tru he can and he may thank the English for that power for when they had coopd him up in a corner of France in Berry the Victorious English being Masters of the rest That Power which before was in the Assembly of the three Estates of laying Impositions was invested in the King himself pro tempore during the Wars because the three Estates could not assemble But this Power makes him a King of Slaves rather then of Free Subjects and if they may be calld Subjects they are Subjects of an Asinin condition which cannot have any tru manly courage in them or a competency of wealth to bear it up which is the cause that though France be a rich and self-sufficient Country yet some think ther are more Beggers in Her then in all Christendome besides Now it is a Principle in the Civil Law That Dominum habere nobiliorem confert ad dignitatem Vassalorum nobiliorum habere populum confert ad nobilitatem Principis To have the nobler Lord conduceth to the dignity of the Vassal and to have the nobler Peeple conduceth to the dignity of the Prince By this Axiome the King of Great Britain is the more Noble because he is Lord of a free-born wealthy peeple and not of Slaves and Beggers Yet it cannot be denied but that it is one of the greatest advantages of power and repute for a King to be Rich provided he come not to be so by grinding the faces of his Subjects The Republik of Venice and the Seat of Genoa carry that high esteem in the world because the one hath the Tresury of Saint Mark and the other the Bank of St. George The Duke of Florence is stild the Grand Duke more then other Dukes who have larger Territories because he hath always a rich Tresury Therfore I will draw towards a conclusion of this Paragraph with this most humble Intimation to the great Council of England now Prorogued that at their Re-access they wold please to consider that wheras the fame of being Rich and to have the Coffers of his Crown well ballasted conduceth so much to the Repute of a King and so by Reflexions upon the whole Nation As also to make Him redoubtable both abroad and at home And wheras the contrary fame exposeth him to contempt Insultings and Pasquils as some frisking French Wits have bin lately too busie and bold that way and likewise our Neighbour Hans who daily offers us such insolencies which makes me think of an Italian Proverb which though homely yet it comes home to this purpose Cavagliero ò Principe senza quatrini è come un muro senza croce da tutti scompisciato A Cavalier or Prince without money is like a Wall without a Cross for evry one to draw upon Therfore I am bold to reiterat the foresaid humble Intimation I will not presume to say Advice though it may be well calld so to the Honorable House of Commons when They reassemble That in their great Wisedoms they wold have a sense of the present condition in this particular of their King so miraculously restord unto Us by a pure Act of the Omnipotent And that wheras the Two Neighbouring Kings have of late yeers enhancd their Revenues and Incomes far higher then they were formerly They wold be pleasd to think it not only agreeable to the Rules of tru Policie but most necessary for the Honor and safety of the whole Nation to make the Monarck of Great Britain to correspond and bear up in a hansome proportion this way with either of Them as He doth in all other things besides A Corollary to what hath bin said in this first Section IN the preceding Paragraphs it appeers by luculent and cleer proofs how the King of Great Britain Had to his Predecessor the first Christian King that ever was upon earth He had to his Predecessor the first Christian Emperour and Empress He had to his Predecessor the first Christian Worthy and the first Erector of Military Knighthood He had to his Predecessors some of the most victorious Kings that ever were His Predecessors were the first who freed themselfs from the Roman Yoke both in Temporals at first and in Spirituals afterwards It hath appeerd how He is Sovrain of the Noblest Order of Knighthood that any King hath It hath appeerd that his Ambassadors had the Precedence given Them in divers General Councils It hath appeerd how the King of Great Britain hath as Free-born and valiant Subjects as any other It hath appeerd that He hath the most plentiful and hospitable Court of any other King That He hath as independent Authority as any other King It hath appeerd that He hath the stoutest Men of War The Noblest Haven The Inaccessiblest Coasts with the greatest Command and Power at Sea of any other Which makes the English Merchants to be so highly respected abroad above other Nations having more Privileges at the entrance of the Baltik in the Sound as also in Hamborough and Holland where they have Houses like Palaces provided for them gratis and free from Excise In Ligorne in Constantinople and the gran Mosco they are more esteemd then any other Merchants And t is well known how his Subjects the Scots have the privilege of Preemption in the Vintage at Bourdeaux with divers other Immunities in France above other Nations Wherfore if any King may be calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 t is the King of Great Britain to whom that famous Verse of the Father of Poets may be applyed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Scepter is given Thee to be Honord by all To these particulars we will subjoyn the Reasons that Sir Henry Nevill with the rest of the English Ambassadors sent by Queen Elizabeth in a joynt Legantine Commission to Bullen in France to negotiat with Don Balthasar de Zuniga and others sent Ambassadors from Philip the second of Spain and the Archduke Albertus I say we will insert here the Reasons which the English Ambassadors gave then for prerogative and right of Antecedence in the contest that happend then with those of Spain by a Remonstrance which they sent the said Ambassadors in these words as t is extracted out of the Record it self Illustres Magnifici Domini Perlegimus scriptum quod Illustres Magnificae personae vestrae ad nos heri miserunt Illa capita quae substitutionis potestatem sigilli vigorem attingunt statuimus non ulteriùs prosequi confidentes de sinceritate serenissimi Domini Archiducis acquiescentes integritate Illustrium Magnificarum vestrarum personarum quae nobis pollicentur bonam fidem in hoc quod agitur negotio summo cum candore humanitate conjunctum Clausulam vero
we think that Right to appertain still to the Crown of England notwithstanding that the Territories and Dominions of the Kingdome of Spain be propagated and amplified which in the right estimation of things prevails not or ought to prevail twixt Christian Princes touching this question For then other Kings and Princes would assume a right of Precedence above others to whom now they grant it ever and anon if their Dominions increase Moreover touching this present controversie about Precedence ther is another thing which doth not unworthily offer it self to be examined by your Judgements which is That one of Us which the most serene Queen our Mistress hath chosen her Ambassador to conclude this Treaty of Peace is one who daily resides in that quality in the Court of the most Christian King which Dignity with all Prerogatives he retains as long as he sojourns in France But the first of you although he be Ambassador to the Catholick King with the most serene Archduke and being out of the Dominions therof he puts off that quality and dignity We think also that our Ambassador in whom this Dignity is multiplyed and shines more ought by right to be preferred before any that is appointed by a single and bare title onely for this great Treaty Therfore if you please let this Question be pretermitted with deep silence and let this Prerogative remain and dwell in the most serene Queen our Mistress to whom it justly belongs and appertains so we shall more cheerfully apyly our selfs to the business for which we are come All this we desire may be candidly and frendly accepted according to the prudence and moderation of your illustrious and magnificent Lordships as proceeding from the Observances and Religion of our Office not with any dessein to consume time or raise contentions Bullen 26 Maii 1600. Henry Nevil Iohn Harbert c. The Spanish Ambassadors made an answer herunto which we reserve for the third Section wherin the Arguments of Spain for Precedence are set down wherof one of the strongest he urgeth is the Multiplication and encrease of Dominions which according to Besoldus and Cassaneus with other great Civilian Jurists is no Argument at all in regard it doth not hold among ordinary Nobility As for example He of Arundel is first Earl in England He of Angus in Scotland And He of Kildare in Ireland by the Laws of Heraldry and Hereditary Right Put case that some other of their fellow Earls in either Kingdome shold grow richer and have more Mannors Possessions and Lordships yet they will not offer to take place or precedence so the Argument may hold A minori ad majus For if it be so among Noble-men much more shold this Rule have validity among Souvrain Princes I will go on with a passage that happend in Paris a little above twenty years since Hugo Grotius residing at Paris in quality of Ambassador for the Crown of Sweden attempted to make his Coaches go before those of the Earl of Leicester pretending a right of Precedence because the King of Sweden whom he represented was King of the ancient Goths and Vandals c. which was under favor but a feeble Argument For ther were Kings of Great Britain thousands of years before the Goths or Vandals were scarce known to the Christian world nor do any stories make mention of them until a little after the declinings of the Roman Empire about the year 350 from the Incarnation nor came they to be Christians till a long time after And it is the Position of Grotius himself in his Book de Iure Belli Inter Reges qu●… primo Christianismum professi sunt praecedunt Who first professd Christianity ought to precede Moreover the King of Denmark entitles himself King of the Goths and Vandals as well But my Lord of Leicester carried himself so like himself that our Swedish Ambassador was put behind with a Disgrace somewhat answerable to his Presumption and to the explosion of the Spectators Now Let the prudent and unpassionat Reader weigh with leasure the foregoing Particulars and reserve his Judgement till he hath run through the Reasons and Arguments of the other two Kings in order to a Precedency T is time now to cross over to France and produce the Arguments of that King faithfully extracted out of the most receavd and celebrated Authors who assert his Right to sit next the Emperour upon all occasions As Cassanaeus Ferhaut Besoldus Carolus de Grasseliis Hierome Bignon Pierre Matthieu c. And let this be a close to the First Section The second Section Consisting of the Reasons wherby the French King pretends and claims Priority of Place and Proximity of Session next the Emperour at all Solemn Meetings and in all publik Transactions of State c. Which Reasons In regard they lie confusd and scatterd in other Authors we will reduce to Ten Heads or Arguments wherof the first shall be drawn 1. A Nobilitate Regni from the Nobleness of the Kingdome 2. The second A Nobilitate Regionis from the Nobleness of the Country 3. The third A Noblitate Regiminis from the Nobleness of the Government 4. The fourth A Religione Nobilitate Ecclesiae from Religion and the Nobleness of the Church 5. The fifth A Nobilitate Gentis multitudine Subditorum from the Nobleness of the Nation and multitude of Subjects 6. The sixth A plenitudine Regiae Potestatis from the absolutness of Regal Authority 7. The seventh A Potentia ipsius Regni from the Power of the Kingdome it self 8. The eighth Ab opulentia ipsius Regni from the Riches thereof 9. The ninth A Fortitudine Rebus in Bello gestis from Valour and Exploits done in the War 10. The tenth and last Argument shall be drawn ab Exemplo Antiquitate from Examples and Antiquities Of the first Argument A Nobilitate Regni from the Nobleness of the Kingdome THer is a speech drawing neer to the nature of a Proverb Great Britain for an Iland France for a Kingdome Milan for a Duchy and Flanders for a County or Earldome are preferrable before all other They are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in their kind this shews the supereminence of the Kingdome of France Ther is also a signal saying of the Emperour Maximilian the first who being in some Critical Discourses with his Lords about the Dominions of Europe broke out into this high Encomium of France That if it could stand with the Order of Nature and the Plesure of the Almighty that any mortal Man were capable to be a God of the Elementary world and that I were He I would so make my last Will and Testament in the disposing of my Estate That my eldest Son shold be God after me but my second shold be King of France This saying or excess of speech must be interpreted with a sane sense for the Emperour meant nothing els hereby but to intimate his opinion touching that potent and noble Kingdom which Kingdom hath continued an Heredetary
impensius quam caeteris gentibus supremus Ille Rerum Fabricator indulsit Quae nec Austrinis obnoxia aestibus nec Arctois subjecta frigoribus mediâ fovetur Axis utriusque temperte Quae hinc Pyreneis montibus Illinc Oceani aestibus inde Tyrrheni Maris littoribus coronatae Natura solertis ingenio velut alter Orbis includitur Adde tot egregias Civitates adde culta incultaque vel fructibus plena vel gregibus Adde auriferorum opes fluminum adde rad●…antium Metalla gemmarum Scio fabulas Poetarum auribus mulcendis repertas aliquando nonnullis gentibus attribuisse Miracula quae dum sint vera sunt singula nec jam excutio veritatem c. In the first place thy Country is Spain a Land happier then all Lands which for Agriculture and Riches the supreme Fabricator of all things hath indulgd more favorably then other Nations for it is not obnoxious to Southern Heat nor subject to Northern Cold but is cherishd with a middle temper of both the Poles This side Spain is crownd with the Pyrenean Hills on that side with the Breezes of the Ocean then with the shores of the Mediterranean Sea being fencd by the industrious hand of Nature as if she were another world Adde herunto so many gallant Cities Adde cultivated and incultivated places all either full of Fruit or Cattle Adde the Wealth of the Gold-bearing Rivers Adde Mines of shining Metals c. The Renown of the Spanish Nation was before that of the Romans for the fame of their Valour did ring among the Greeks in the VVars of Peloponnesus and Alcibiades in an Oration that Thucydides mentions of his calls them Fortissimos Pug●…acissimos omnium Barbarorum The Valiantst and VVarlikst of all the Barbarians as the Greeks termd then all other Nations besides themselfs which the Romans did afterwards Annaeus Florus calls Spain Bellatricem Viris Armisque Nobilem Annibalis Eruditricem Warlike Noble for Men and Arms and who taught Hannibal for all the Exploits which he performd he did with Spaniards And observable it is that after the Romanes had invaded the Provinces of Spain they were the last whom they subdued fighting in Her and for Her in many desperat doubtful Battails being somtimes Victors somtimes Vanquishd the space of about two hundred long yeers wheras they did spend not neer so much time in bringing under the Roman yoke any other Country unless it was Great Britain now England who also wrastled so long before she could be reducd to a general obedience which discovers the innated stoutness of the two Nations wheras all Gallia was brought under in less then Ten years which may be the reason that Iulius Caesar their Conqueror shold say Plebe Galliae nihil contemptibilius Ther 's nothing so contemptible as the Peeple of Gallia Argum. 2. That the Catholik King may challenge Precedence by the Authority of General Councils and the Learned Doctors of the Church THe Philsopher beats still upon the Anvil of Reason to make his Conclusions good The Mathematician by practical and visible Experiments brings his Conclusions to Demonstrations The Jurists and Theologues do commonly make good their Tenets by Authority of the Ancients by Examples of Antiquity And indeed Responsa Patrum Consulta Prudentum have bin much reputed in all Ages ther was always a venerable and religious esteem had of them so that it is held one of the strongest ways of disputing therfore the dint of this second Argument shall be to produce the Authority of ancient Oecumenical Councils that the Noble Kingdome of Spain hath had the Precedence from time to time of France and consequently of all other Countries But let this previous Advertisement go before That superiority of session and subscription in General Councils hath bin diversly usd For sometimes the Bishops have not subscribd taken place or given their suffrages in their own names but in the name of the Province or Kingdom which they represented and in that case ther is not so much regard had of the Person or antiquity of Consecration but the Dignity of the Nation as it appeers in two Decrees of Gratianus Therfore the Bishop of Milan did subscribe before him of Ravenna though Ravenna be much the more ancient This cours was observd in the Nicene Council where the Bishops voted and subscribd not according to Priority of Consecration but Dignity of Provinces and of the Souverain Prince who sent them The like cours was taken in the first Constantinopolitan Council and others But as Baronius observes to sit on the Right-hand doth nor always imply superiority of place for he relates according to the ancient order of Rome that the Priests had sometimes the Right hand of the Bishops as appeers by these words Sedebunt ex locali dispositione ut intrantibus Ecclesiam Episcopi sint ad sinistram Presbyteri verò ad dexteram quando Pontifex sederit ad eos respexerit Episcopos ad dextram Presbyteros intueatur ad sinistram They shall sit by local disposition so that in entring the Church the Bishops shall be on the Left hand and the Priests on the Right but when the Pope shall be sate and looks upon them the Bishops shall be on the Right and the Priests on the Left In the first Act of the Nicene and Chalcedonian Synod it is left upon record that the Pontificial Legats sate on the Left hand the Bible being placed in the middle of the Hall which denoted that Christ was present and President Moreover in the celebration of the Masse the Epistle is read upon the Right hand and the Gospel on the Left though we know the Gospel to be the worthier of the two This being premisd we will now to the promised Authorities of ancient Councils We read that in the time of the Apostles and the very infancie of the Church ther were four publik Assemblies or Councils The first was of about 120 of the Faithful who met to elect and substitut Matthias to be Apostle in the room of Iudas The second was to choose Deacons in whose number the blessed Protomartyr St. Stephen was one The third was to confute Cerinthus the Heretique and whether Circumcision was to continue The fourth was to give the Circumcision an honorable Burial Now it is to be observd that before the two last were held St. Iames the Apostle had travelld Spain and having reducd that Peeple to Christianity he brought over some of them to Hierusalem who were in all probability present at those two last Councils for in the Acts of the Apostles we read that all the Faithful were at them Then was St. Iames the first Converter of Spain made the first Martyr of all the Apostles being beheaded by Herod Agrippa 44 Anno after the Incarnation of our Saviour It having appeerd that some Spaniards had bin at the first Councils of the Apostles We will now pass to the Nicene Council pretermitting the Ancyritan and Illiberitan Synods with others Now That of Nice was
first though t was not concocted to good blood until Osius did it What great favours and indulgence did the poor persecuted Christians receave from ●…rajan from Elius Hadrianus from Antoninus Pius from Theodosius all Spanish Emperours in the time of the ten Persecutions How strongly did Spain tug with the Arrian Heresie till she was quite put upon her back and at last converted The Albigenses in France who had such nefarious and indeed nefandous Principles As that it was lawful to destroy Churches To pull down Crosses To have Wives in common That the Humane Soul was of Gods making but the Body of the Devils c. I say that these ugly Heretiks were principally converted by St. Dominik and by Didacus Episcopus Oximensis both of them being Spaniards and sent by Pope Innocent 3. expresly for that service in the raign of Lewis 7. of France wherin also Blanche Queen of Spain took much pains with great success How much did Charles the fifth labour to quell Luther and to crush the Cocatrice in the shell which causd this Distik to be made in those times of him and Henry the Eighth of England Carolus Henricus Christi Defensor Uterque Henricus Fidei Carolus Ecclesiae Charles and Henry both Defendors of Christ Charles of his Church Henry of his Faith And Spain is so zelous a Christian that t is not only sufficient for her to abstain from Heresie but from the very suspition therof which made her to erect and raise up that wall of brass against it I mean the Tribunal of the Inquisition By which sacred Office the Vineyard of the Lord in the Spanish Dominions is kept free from brambles and thorns with all noisome weeds T is preservd and hedgd therby from all wild ravenous Beasts that so much annoy her in other Kingdomes and set fire on her skirts so often which Spain by the most prudent and pious establishment of this holy Office is so happily made free Moreover ther have bin no Kings so eminently liberal and munificent to the holy House of God together with their Governors and Ministers as the Kings of Spain have bin in all Ages insomuch that a computation hath bin made that well neer the third part of Spain are spiritual Revenues and the third part of the Churches have bin founded by Kings The Archbishop of Toledo is the greatest Ecclesiastical Dignity in Christendome next the Papacy for it hath above 300000 Crowns annual Revenues which countervails three of the best Archbishopriks in France Nor have the Catholik Kings thought it any derogation to make their Sons Archbishops of that place and Chancellors of Castile Furthermore ther hath bin a late calculation made That of those five or six hundred Millions of Tresure that hath bin transported to Spain from Mexico and Peru since the discovery of the West-Indies the Church hath the tenth part insomuch that in some petty Rural Churches one shall see huge massie Candlesticks of Silver with large Chalices Pixes Crosses and Crucifixes some of them of massie Gold and inlaid with precious 〈◊〉 Nor is this Tresure lost that is given the Church For the Clergie of Spain have bin always ready to serve and assist their King in all his exigents and necessities insomuch that it is a saying in Spain That los tesoros de la yglesia son como 〈◊〉 contra ●…na tormenta The tresures of the Church are as anchors against a storm Adde herunto that no Kings of Spain have felt the fulminations of the Vatican viz. the sentence of Excommunication as other Kings have done But they have always obeyd with much exactness the Doctrine of the holy Church resigning their Intellectuals and the whole inward man to the determinations therof as also to defend them against all Opposers wheras divers French Kings have had clashes and frequent contestations with the holy Father What high feuds had Philippe le Bel with Pope Boniface 8 for he passd an Edict of Interdiction that none of his Ecclesiastiks shold have commerce with Rome He obeyd not the Pontificial censures but toar his Letters detaind his Legats and convoqud a Provincial Council in Paris against his order wherin ther were Accusations of Simony and Schism obtruded against him But all this while the Kings of Castil●… and Aragon adherd to his Holiness as being the Head and Common Father of the Catholik Church Lewis the eleventh of France against the Ecclesiastical Liberties did institut the Pragmatical Sanction enforcing the Pope to assent therunto wherby all the Cano●…cal Laws and Discipline fell in France as Mausonius observes Charles 8. enterd Rome against the Popes will and did as good as war with him as with an enemy but the Catholik King Ferdinand 5. adherd to him to very good purpose Touching Lewis 12. what a bitter enemy he was to the Apostolik seat what troubles he excited against Iulius 2. which gave the first countenance and rise to those Heresies that have pullulated in the Church and so miserably torn the very Bowels of her ever since Philip 2. of France repudiating his lawful Wife married another not only without the consent of Celestin the holy Father but against the opinion of his own Ecclesiastiks whom he handled with so much rigor and tyranny Philip the first of France did no less bandy against the Decrees of the Church in divers things and did likewise cast off his Legitimat Wife and forcd another Lewis 6. of France did so persecut the holy Church that he drew Anathemas and spiritual Execrations upon him Lewis 7. of France had such contentions with Pope Innocent 〈◊〉 that he remaind under the heavy sentence of Excommunication three full yeers Charles le Bel was so highly disobedient to Pope Iohn 23. that he interdicted to pay him his Tenths and other Ecclesiastik Rights Francis 1. and Hen. 2. of France to their eternal reproach calld in the Turk to their assistance against the Christian Emperour Of all which particulars ther are Authentik Historians who make mention and leave it upon record to all Posterity But the French speak very loud how Charles the fifth raisd such a fierce war against Clement 7. that he besiegd Rome and made the Pope prisoner T is confessd but it was upon a pure temporal score yet he resented it so much that it drew repentance from him nor did he grieve a whit that his General the Duke of Bourbon was killd as he was scaling the walls of Rome because he had exceeded his commission Nor when the news came to Spain of the success of the Emperours Army was any joy of triumph shewd at all but rather a dark sadness and all the signes of sorrow which possessd him to his dying day And for a compensation to the Holy Father he establishd his Nephew in the State of Florence Thus have we collected the Reasons and Arguments of these three great Monarks in order to a Precedence of Place and Superiority Concerning the Reasons of the two latter
they are excerpted drawn and deprompted out of the eminentst Authors who have written in their behalf and that with such fidelity and truth as the Majesty of so high a subject doth require not omitting any Argument that had weight in it Touching the competition twixt other Souverain Princes as that twixt the King of Denmark and Him of Sweden who both entitle themselfs Kings of the Goths and Vandals as also that twixt the Portugues and the Pole Twixt the Republiks of Venice and Genoa who both pretend to be Teste Coronate to be Crowned Heads because th●… one had the Kingdome of Cyprus the other hath that of Corsica under her Dominion as likewise the old Competition twixt the Duke of Savoy and Him of Milan which is now drownd in the Spanish Titles Nor of the Princes of Germany I say that the Disputes of these Precedencies do not belong to this present Discourse Ther are also divers other Competitions twixt Cities as well as Souvrain Princes as twixt Milan and Ravenna in Italy twixt Strasburg and Norimburg in Germany twixt Toledo Burgos in Spain which Philip 2. did in some mesure reconcile For when in a Parlement which they call Las Cortes ther was a high feud twixt these two Cities whose Bourgesse shold speak first the King stood up and said Hable Burgos que por Toledo hablare yo Let Burgos speak for Toledo I will speak my self The like Competition is in England for Precedence twixt Oxford and Cambridge which hath bin often debated in Parlement though Oxford had always the better because she is namd first in all Acts of Parlement for Subsidies Nor indeed hath Cambridge reason to contend in this point if Antiquity take place and Antiquity is a good argument for Lucian will tell us that when ther was a Contest in Heven twixt Esculapius and Hercules for Precedence Esculapius carried it because he came first thither Therfore Cambridge need not be offended with the Poet when he sung Hysteron Proteron praepostera forma loquendi Exempli causa Cant'brigia Oxonium Ther 's also another Argument for Oxford drawn ab Etymologia which the Philosopher tells us is a good way of arguing viz. Ther was an Ox and a Ford then Came a Bridge But these two Noble Sisters as they are unparallelld by any other in their kind let them be equal among themselfs and listen unto the Poet Sisters why strive you for Antiquity The older still the likelier for to die Wold you wish your own ruine surely no Let Mouldring Age on meaner things take hold But may You florish still and nere grow old And let this be a Close to the Third Section The fourth last Section CONTAINING A DISCOURSE OF AMBASSADORS THer is a good Rule in the Schools Qui bene dividit bene docet Therfore we will make this Fourth Section to conform and quadrat with the other Three in point of Division It shall also be a Decade with the rest and as ther is Affinity of Matter betwixt them so ther shall be affinity of Method For it shall likewise consist of ten Parts or Paragraphs 1. The first shall be of the derivation and Etymologie of this word Ambassador with the Definition Division and Denomination of Ambassadors and Legats 2. The second shall be of the indispensable and absolut necessity of Ambassadors and that Mankind cannot subsist without Them 3. Of the Antiquity the first Rise and Pedigree of Ambassadors as also of their Dignity high Honor and Pre-eminence and who are capable to employ them 4. Of their Privileges Reception Security and the inviolable sacred esteem of their Persons 5. Of the Breeding and Education the Parts and Perfections both acquird and natural which are requird in an Ambassador 6. Of the Election and choice of an Ambassador that he should be Par Negotio adaequat to the Employment he goes about 7. Of the Office and Duty of an Ambassador in the execution of his Place and acquitting Himself of the great Fiduciary Trust reposd in Him 8. Of the Laws of England relating to Ambassadors how they use to be receavd and treated in the English Court and what Rewards they receave c. 9. Of the wise Comportment and witty Sayings of divers Ambassadors during the time of their Negotiation 10. Of the extraordinary Prudence and Reservedness the Stoutness and Generosity of divers English Ambassadors c. THer are many Authors who have made it their business to write of Ambassadors and of their Office Incumbency and Charge as also of their Qualities Breeding and sutable Parts They have moreover undertaken to prescribe them Rules Precepts and Cautions but those Precepts may fit any other Minister of State or Magistrat and so they amuse the Reader with Universals But this Discourse shall keep close to the Person of the Ambassador and to the Nature of his Function Office and Duty And so we will take the first Paragraph in hand 1 Paragraph Touching the derivation and Etymologie of this word Ambassador With the Definition Division and Denomination of Ambassadors and Legats NEither Don Antonio de Zuniga the Spaniard nor Doctor Gasparo Bragaccia the Italian with divers others who have written so largely of an Ambassador do let us know what the Word is either Ambassadeur Ambasciatore Embaxador or Ambascia Now we find them all to be of great Antiquity for they are derivd of an old Celtik or Gaulish word which Celtiks were before the Greeks or Latins a Peeple that dwelt where Paris in France now stands being calld so before the Romans or the Franconians came in Now Embassy or Ambascy comes of Ambachten which is to work and Ambacht was a servant in the old Gaulik or Celtik toung wherunto alludes Bachken usd yet in Wales for a servant wherby among divers other Arguments it is very probable that the ancient Gaules and Britains spake one Language originally From hence came Ambactus which Tacitus useth when he saith That Galli plurimos circumse Ambactos Clientesque habent So that Ambasciator derivd hence is come now to be a servant or Minister of honor for in some Translations we have Paulus Dei gratia Diaconus Ambasciator Insomuch that it may well extend to the holy Function of Priests For the Minister on the Desk may be said to be the Peeples Ambassador to God and in the Pulpit Gods Ambassador to the Peeple But the Italians wold have Ambasciatore to come from the old Hetruscan word Bascer which signifidth nunciare to report or declare Others have a conceit that it may come from the word Ambo because he is a Mediator twixt both Parties Now touching the Definition of an Ambassador or Legat Don Antonio de Zuniga defines him thus A Legat or Ambassador is a Conciliator of the Affairs of Princes A Man sent from far to treat of publik Concernments by particular Election not by strength and stratagems of War but by Eloquence and force of Wit Others define him to be a
Subject who resembleth a Mediator of Love Concerning the word Legat Resoldus tells us in brief that He is one who is sent to deliver the Commands of another but none of these can be calld properly Definitions according to the Rules of Logik but Descriptions They are calld sometimes Orators from Oracion or the fluency of the Toung which is the chiefest tool of an Ambassador They are calld also Nuncii because they come to declare and tell Now Nuncii and Legats are of late Ages they whom the Popa sends whose Ministers of this kind have a mixt employment twixt Spiritual and Secular Legats are of three sorts ther is Legatus Natus Legatus Missus and Legatus à Latere The first hath a perpetual successif Legantine Power as the Archbishop of Canterbury in England is endowed with that Prerogative as a Dignity annexd to the Archbishoprik above 1000 years since therfore ther can no other Legats come to England without the Kings special consent wherupon one of the Articles against Cardinal Wolsey was That he exercised a Legantine Power in England without the Kings privity Then ther is Legatus Missus and he signifieth as much as an ordinary Nuncio Then ther is Legatus à Latere or Apostolical Nuncio who is desumd out of the number of Cardinals only and they are sometimes G●…vernors of Provinces or calld Pro-consuls and they are calld Legati de Latere because they are neerest the side and the greatest Confidents of the Pope We may read in Iustine that Ambassadors by some are calld Lenones Bawds but taken in a chast sense because by smooth and alluring Language they move the affections of the Prince to whom they are sent The Greeks call their Ambassadors 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they ought to be of yeers and well salted in the world Ther are also Deputies and Commissaries who have the same Office as Ambassadors but the Civilians make this difference betwixt them that Ambassadors are sent to Equals Deputies to Superiors and Commissaries to Inferiors Ther is also a publik Minister of State calld Agent and he is sent when ther is a suspition that the Ambassador will not be honord as he shold be Therfore the French Kings of late yeers have no Ambassadors in the Emperors Court but Agents because of the Competition for Precedence twixt him and Spain Agents are likewise employd sometimes to save charges or that the Business may be done without noise Ahd of late yeers ther is a new Minister of State invented which is a Resident who is superiour to an Agent and inferiour to an Ambassador Both Agent and Resident have the Security though not the Session and state or such a latitude of power as Ambassadors have Now Agents may dispatch Businesses of as great consequence as Ambassadors though they do it more secretly and with lesse stir Therfore Hottoman saith That the Queen of England and the Princes of Germany had des Agens Secrets in Venice because that in regard of diversity of Religion the Senat wold not seem to make too strict a frendship with them and for these secret Employments Merchants have bin thought to be the fittest Instruments because under the cloak of Trading they may also hide Affairs of State Ther are also Heralds which are a sort of Ambassadors and they are very ancient They are calld Caduceatores whose Office is to denounce War for such was the open honesty of our Ancestors that they would not commence a War until they had sent notice of it in a convenient time beforehand and these had also the security of Ambassadors for the time but they were strictly tied to the very same words that were dictated unto them Their persons also are to be as free from any outrage as Ambassadors are which made the Earl of Essex check his soldiers in Keinton-field when the late King sent Sir William le Neve King of Arms the next morning after the Battail was sought who wold have outragd Him Ther are also other Ministers of State that draw neer to the nature of Ambassadors which are calld Consuls wherof some have Royal Commission though the nature of their Office be to protect and assist the Merchant being practisd in the Custome and Language of the Country in their Law-suits and ther is as much esteem had of these as of Agents Of these England hath more then any and they are allowd very noble allowance as he of Aleppo hath 4000 Dollars yeerly and they of Smyrna and Mosco little less but if ther be an Ambassador in that Dominion where they serve they are subordinat to his commands in divers things We will conclude this Paragraph with this distinction of Ambassadors That some are extraordinary or pro tempore employd upon some particular great Affairs or Condolements or Congratulations or for Overtures of Marriage c. and they use to go with greater lustre and magnificence and may return without sending for leave unless ther be a restraining clause in their Commission The other are Ordinary or Lidger Ambassadors commanded to reside in the place until they receave Letters of Revocation and as their time of return is indefinit so their business is incertain arising out of emergent occasions and commonly the protection and affairs of the Merchants is their greatest care But Albericus Gentilis with all the great Civilians alledge that these kinde of Ambassadors were not known but of late yeers and Paschalius calls them no better then Emissaries Explorators or Spyes which made Hen. 7. of England as he saith admit of none The second Paragraph Of the absolut and indispensable necessity of Ambassadors and that Mankind cannot subsist without them IF it were not for Ambassadors Wars wold be endless and Enmities everlasting Ther wold be no knowledg no frendship among Princes nor commerce among Nations Brunus says That among all Functions all Offices and Employments of a Commonwealth ther is none more necessary more difficult more honorable and that requires greater discretion sagacity and caution then that of an Ambassador but as it is accompanied with honor and profit so it is with danger and hazard Ambassadors are the emissititious Eyes of a Prince they are his ears and hands they are his very understanding and reason they are his breath and voice in contemplation wherof the Poet sings that an Ambassador is Vox Regum lingua salutis Foederis Orator pacis via Terminus irae Semen Amicitiae Belli fuga litibus hostis It is observd in all stories and confirmd by multitude of examples that the Interview and encounter of Kings hath bin rather a disadvantage then an advance to any great business specially in treating of Capitulations of Peace Therfore in the Politiks t is a Principle that in Colloquies for Pacification Princes shold not appeer in person but be represented by their Ambassadors and Commissaries A Journey to be performd by Kings requires much trouble and charges much ado ther is in fitting their train that they may
so universal good as suppressing of Wars by making Peace Frendship and Concord or for the advancement of Commerce and Frendship Now it adds much to the Honor of Ambassadors that none can send any under that Title unless he be a Souverain Prince Ther is no subject capable to send or receave any Ambassador be he never so great a Viceroy if he do it is no less then High Treson Therfore before the beginning of the last Civil Wars in England it was Treson in the highest degree for the Scots Inconsulto Principe to send Lowden and others in quality of privat Clancular Commissioners to treat with the French King in the name of the whole Nation for assistance And though the King himself made a semblance not to admit or hear them yet his fiery Cardinal huggd them whence it may be well said the first flames of the said VVars broke out It is recorded in the Life of Eliz. Queen of England that the Duke of Alva when he was Governor of Flanders sent Christopher Assonville in quality of a Minister of State but the Queen wold not admit him because he could produce neither Commission or Credential Letter from the King of Spain whose Vassal Alva was In the year 1604. the King of Spain motiond that the publik Minister who was here for the Hollanders shold not be stild Ambassador because they are subject to the Empire and have a Superior having bin incorporated in the Empire by Charles the fifth 1548. at the Diet of Auspurg as Meteranus relates and says besides that Rodolphus 2. writ Letters unto them 1607. as to Vassals of the Empire and consequently they had no power to make Peace or War without the consent of Caesar which they then acknowledgd by their Letters sent to Colen The Electors and Princes of Germany have got a privilege to send and receave Ambassadors touching matters that concern their own Territories but not the state of the Empire The like the Hans Town may do But Rebels have no capacity to employ any in quality of Ministers of State no not so much as an Herald Therfore Charles the fifth was censurd for admitting a Herald with Letters denouncing a War from the Lutheran party in Germany and dismissing him unpunishd though he told him that if he came again in steed of a Gold Chain he shold have a Halter for his reward Touching the Electors or Princes of Germany and the Hans Towns or Cities of the Hansa it hath bin much controverted whether they had Ius Legationis whether they had a capacity to make a Mission of Ministers of State that might bear the quality and privilege of Ambassadors Concerning the first Kirknerus a great Civilian holds That the German Princes may have such a Prerogative but it is secundario tantum Iure Et qui Ius mittendorum Legatorum secundario tantùm Iure habent mittuntur Legati non de Rebus universum concernentibus Imperium sed tantùm sui Territorii ratione eo enim Ipsis intuitu tantùm datum ultra igitur terminos non est procedendum fieret enim altàs prejudicium Imperatori c. The German Princes may employ Ambassadors to Forren Princes by a secondary Right not to treat of Affairs concerning the Universal Empire but of things only appertaining to their own particular Territories and beyond those bounds they must not proceed And ther are some Princes in Italy also that are no less under the Majesty of the Empire in this kind but c. As for the Hans Towns and Corporations they claim the same privilege as the Princes do for they are free Imperial Cities and communicat of the same Regalias yet all by the indulgence of the Emperour wherunto his necessities from time to time enforcd him The Provinces of Belgia or the Netherlands under pretext of such a Right sent the Baron of Montigni as Ambassador to Spain at the beginning of the tumults but Philip the second choppd off his head saying That Vassals much less Rebels have no power to employ Ambassadors Yet this King his Grandchild admitted Ascham who came from as notorious Rebels though not in reference to him which he excusd in regard that Queen Elizabeth had receavd Ambassadors from Holland at their first revolt before they were acknowledgd a State and that she was the chiefest supportress of them VVe will conclude this Paragraph with this Ticklish Point VVhether a Protestant Prince may not send an Ambassador to the Pope and by way of civil correspondence receave another from Him though Iustice Ashton was of a contrary opinion yet Sir Edward Coke was for the Affirmatif and his reason is because that besides his Spiritual Jurisdiction the Pope is a Temporal Prince and ther may be Ambassadors sent to him as well as to the Turk or Mogor The fourth Paragraph Of the Privileges Security Reception and the honorable sacred esteem which hath bin always had of the Persons of Ambassadors AMong many other Privileges which Ambassadors enjoy and are endowd withal Iure Gentium by the Law of Nations not only their Persons have bin always esteemd sacred and inviolable but their Houses have bin held and allowd as Sanctuaries all their Servants from the Stuard to the Scullion-Boy are free from all kind of outrages violence or arrests And they have this security not only in Courts and Cities but in the midst of Armies in the Field twixt Swords Muskets and Guns for though Ambassadors come from an Enemy yet they are accounted none VVhensoever they take footing upon the shore or confines of any Prince to whom they are sent they use to be attended by Harbingers and other Officers all the way till they arrive at the Court. If they be robbd the King makes good their losses If an extraordinary Ambassador he is attended at his first entrance with a more splendid equippage he is Lodgd and Dieted at the Kings charge for so many days with his whole train At his Audience the King riseth to him pulls off his Hat and bows his Body c. Besoldus produceth the King of England anno 1527. for an example how he observd the French Ambassador as if he had bin the King himself His words are Angliae Rex Gallicum Legatum planè ut Regem observavit eique supremum locum concessit adeoque honoravit ut in Comoediis ipsius Regis filiae sustineret personam The King of England observd the French Ambassador plainly as the King and gave him the upper place and he so honord him that he held by the arm the Kings Daughter to a Comedy But the Princes Electors carry themselfs high in this particular for they take place of Ambassadors and the reason which Guetta and other Civilians give is In praesente Principe vera Majestas in Legato tantùm dignitas aliena In Principe reiveritas in Legato effigiata adumbrata est ut autem umbra Luci ita Principi Legatus quamvis enim Fictio tantùm operetur quantùm rei veritas
of that Country to whom he is sent will be apt to think that the Prince whom he personats is so We read that Artaxerces culld out sorty of the hansomst men that could be found to send in quality of Ambassadors to Alexander who were also hansomely clad so that it was a question whether they were a greater ornament to their Garments or their Garments to them as the Greeks said An Ambassador being employed from England to Rome with a train of very comely Gentlemen the Pope beholding them said Hi videntur potius Angeli quam Angli These appeer rather to be Angels then English-men Aristotle being askd why outward beuty and comliness begat so much love answerd That this was a Blind-mans question 4. That he shold be well in yeers for Experience being the great Looking-glass of Wisdome and Wisdome being the principal Vertu requird in an Ambassador Men that have many yeers on their backs qui ont pisse en beaucoup de neiges as the Frenchman saith must needs have more experience by observing the vicissitude of worldly things and the successes therof who have passed the unruly affections of Youth which like so many Mastiffs do daily set upon us Senators or Counsellors of State are denominated from Senes Old men and an Ambassador who may be rankd among the highest Counsellors of State shold be so T is a tru saying Qui in multis versati versuti sunt 5. That he shold be of a proportionable good Estate and not indigent for then he will be the more sedulous diligent and careful in his charge because he hath something to loose for his Estate may be said to be his Bayl all the while he is abroad Moreover it will add much to the reputation of an Ambassador if he be known to be rich 6. He must be liberal and munificent remembring the Person whom he represents for a sordid parsimony and niggardness is odious in all men specially in an Ambassador The Spaniaro saith That Dadivas entran sin taladro Gifts make their way in without a Wimble and nothing concerns an Ambassador more then to make his way into the Consults and Transactions of state of that Court where he resides which cannot be done if he be close-fisted When Sulpitius Galba and Aurelius Cotta did contend who shold be sent to Spain Ambassador in the time of Viriatus Emilianus one of the Senators said That neither of them was fit for the one was poor and the other was covetous th●… one had nothing and nothing wold satisfie the other Ther is a remarkable passage in Iovius That when the Florentines sent Ambassadors to Charles 5. and Clement 7. being then at Bolonia together with their houshold-stuff they brought covertly many rich Commodities to sell because they might be free from paying the Gabel But the Searchers of the Custome house having discoverd it they became a laughing-stock and as unworthy of the Office of Ambassadors they were remanded home without audience By this example it appeers that Ambassadors Luggages may be searchd Wherunto we may add another of Sir Thomas Chaloner sent Ambassador to Spain by Queen Elizabeth who sending complaint home that his Chests had bin searchd the Council sitting therupon determind as Campden hath it in these words Legato omnia aequi bonique ferenda dummodo Principis Honor non directè violetur An Ambassador must bear all things patiently provided that the Honor of the Prince whom he serves be not directly violated 7. He must be accostable and courteous and not of a moross humor yet reserving still his sta●…e and gravity when time place and persons require Urbanity and gentleness works much upon all affections and he is a cheap Frend who is got by a Complement Therfore it becomes and behoves an Ambassador to comply with all in civilities by being of a winning complacentious and benign behaviour yet not to make himself too cheap and to have a special care where he placeth his Complements 8. An Ambassador also must be constant and tenacious of the Religion of his Prince and Country both in the confident profession and constant practice therof if he cannot publikly yet privatly within the walls of his own House for nothing raiseth a repute more then an opinion of Piety Therfore he must be very careful in the choice of his house that it be fair and large and a good distance from the Court otherwise he may be pesterd with too many Visiters that will have their feet under his table ever and anon He must be also constant to the habit and vests of his own King and Country For he who doth not follow the fashion of his Prince herin may be said Exuere Personam and this was imputed as a great fault and fantastiqueness in my Lord Rosse when he went to Spain in King Iames his time who appeerd at his first Audience and continued afterwards in the Spanish habit An Ambassador must be also very careful in the choice of Liveries for his Pages and Laquays that they be rich and fair but not fantastical As likewise that he be well Coachd and that his Coach be well drawn by good Horses for nothing sets forth the lustre of an Ambassador more The sixth Paragraph Touching the Election and appointment of an Ambassador that He shold be Par Negotio or adaequat to the Employment He goes about THe discretion and prudence of a Prince discovers it self in nothing more then in the choice of his Instruments The old Poet tells us If Carpenter have not good Tools He makes ill-favourd Chairs and Stools But of all other Instruments and Officers ther must be most inspection had in the choice of his Ambassador for as the incolumity of the Kingdome depends upon the King so the welfare of the King depends much upon the ability of his Ambassador Therfore this trustful Charge this sacred Function must not be prostituted to evry one for Ex quol●…bet ligno non fit Mercurius Evry one is not cut out for a Mercury that is an Ambassador for Mercury is accounted the God of Ambassadors The Romans for a time did choose Ambassadors Sortilegio by Lots as the Venetians now choose their Doge and this was to prevent competitions and corruptions Some were chosen Togâ by the Gown for their wisdome some Sago by the Cassock ●…or their experience in the War according as the quality of the present business did require and indeed t is a great advantage to an Ambassador to have something of a Soldier in him howsoever he must go always Cinctus gladio with his Sword by his side and the Prince who sends him must have also his Sword in his hand though he treats of peace The principalst quality requird in him is to be Intrepidus to be fearless resolut and stout He must not be pusillanimous and sheepish for the witty Proverb will tell him Chi pecora si fà il lupo se la mangia Who makes himself a sheep the wolf will
sides what Law shall please himself which may reasonably be feared if no cours be timely taken for preservation of their rights by treaty or otherwise On the other side you may lay before him the power yet remaining in the puissant house of Austria with the dependance of Bavaria and other German Princes and how both sides are supported by forren assistants those with the money and countenance of Spain these with the actual arms of France besides the diversions of the Low Countries and Italy so as in all probability the War is like to last long and the balance may be swayd as other Princes put to their hands And the King of Swede having lately moved both the Princes and States of his alliance and others to joyn league for the liberty of Germany and for peace and inviting us to joyn therin and the Emperour also discovering on his side an inclination to treaty and to peace you must entreat for our better information our Uncles sound advice and how he stands affected and whether he be engaged in any such treaty with whom and how far and whether our conjunction with the rest will be desired To which we may by him be perswaded to apply our selves so as by the treaty the full restitution of our Brother and Sister to their Patrimonial Dignities and Estates being the only interest of our engagement may be effectually provided for If upon these intimations the King shall reveal unto you any overtures of a treaty already in hand and that therin our conjunction will be desired you shall with speed give us account of the particulars and of the grounds therof with all the circumstances of persons times and places that therupon we may send you such further powers and instructions for your proceedings with our Uncle and other Princes as with the advice of our Council we shall think meet Besides this main business other occasions may be apprehended there by you for the advantage of our service for i●… by conference with Avery you shall understand of any impediment or obstruction of the trade of our Merchants residing in Hamborough caused by any difference betwixt that King and the Town or by his pretence of commanding the River of Elve you shall do Offices in our name betwixt our Uncle and the Town to remove offences and to settle good agreement upon honorable terms for the King and so as an Innovation may not be made which may prejudice the intended treaty or which may restrain our Merchants from that freedome of trade there which they have enjoyed so many yeers And wheras by occasion of the War betwixt Poland and Sweden new Impositions are raised in the Pellow and elsewhere with other restraints of trade which in the end will force our Merchants and the Low Country-men also to seek the Commodities of Eastland in America to the great detriment of the Kings Customes at Elsenore you shall in this regard advise with our Uncle how the ancient freedom in like manner may be restored in that trade For Island you shall signifie to our Uncle that in conformity to his late Letters we have prohibited our subjects that Fish in those Seas or fetch Hawks from those parts either to export or import any Merchandise to hinder his Farmers not doubting of his gracious reciprocal favor to our said subjects in their lawful proceedings Concerning our Coller of Rubies which hath formerly bin engagd to raise moneys you shall inform your self by Avery how the case now stands and shall proceed as upon further advice therof we shall direct You shall keep good correspondence with our Ambassadors and Agents in all parts as occasion shall be offered but especially with Sir Henry Vane who is employed with the King of Sweden and with Sir Robert Anstruther at the Emperours Court. IOHN COKE By these two Presidents of Commission and Instructions we may see how exact and curious the English Court is in this point how quaintly such Publik Dispatches are couchd not so plain and flat with such superfluity of speech as I have seen the Instructions of other Princes stuffd withal We will to the Reception Attendance Treatments Gifts Lautia composing of Differences with other high civilities usd towards Forren Ambassadors in the English Court. Touching the first Ther are no Ambassadors whatsoever receavd more splendidly and with greater state both by water and land then in England For first he is brought in Royal Barges a good way upon a Noble Navigable River through a Forest of main Masts on both sides and landed at the stairs of a huge Tower in sight of a stupendious Bridg such as I may well say the world hath not the like Then is he conducted in the Kings Coach with a great number besides through the centre of the City of London to a house expresly provided for him if he comes extraordinary where he is magnificently treated for divers days upon the Kings charge Now the Rule of the Court is That the Ambassador of a King is to be brought in by an Earl at least an Ambassador from Dukes and Republiks to be brought in by a Baron T is a Rule also that no Ambassadors be allowd this honor at privat Audiences but only at the first and last publik or when any are invited to Dine with the King Moreover that no Ambassador except a Kings is to be met with the Kings Coach further off then the Tower-wharf And wheras the Coaches of other Ambassadors residing upon the place were usd to go to accompany the new-landed Ambassador from Tower-wharf which gave occasion of clashing for Precede●…ce of Coaches as happened the last yeer twixt the Spanish Ambassador the Baron of Batteville and Monsieur Lestrade the French which flew so high that it went to effusion of blood and killing as it is mentiond before in the last Paragraph of the first Section more particularly Ther is an Act of State passd that all Forren Ambassadors shall forbear for the future from that complement of sending their Coaches to that purpose Well the new Ambassador being so housd is visited by persons of Quality as also by other Ambassadors Now it is a Maxime among Ambassadors That the first come is to visit the last come Touching Presents ther 's no Court goes beyond that of England It was a Rule that the French and Spanish Ordinaries were to have 4000 Ounces of Gilt Plate at their departure The Venetian Ambassador 2000 The Archdukes 1600 c. But by the Examples of other Courts ther was a retrenchment herof and it began first with Monsieur Buisseaux in King Iames his Raign who had but 2000 Ounces sent Him the Venetian 1600 and the Archdukes 1000 c. Touching divers sorts of Clashes Contestations Differences and Punctilios betwixt Ambassadors ther have bin as prudent and preventing courses taken in the English Court from time to time as in any other as will appeer in the printed Observations of that worthy Knight Sir Iohn Finets to
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 Fai●… to Fai●… 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