Barrels and t is worth the observation what a world of variety of Wines grow up and down for one can scarce go twenty miles but ther is still a differing sort of Grape In some places in Burgundy and Champagne ther are Wine-vessels as big as some houses in height not inferior to those vast Vessels of Heidelberg Tubinga and Groninghen as the ingenious Lansius hath it Touching Hemp and Flax the third Staple Commodity of France what mighty rich Procedes come thereof For though it be a despicable Vegetal in sight and unsavory in the handling yet it is of such virtue that it can remove Rome to Hercules Pillars Egypt to Italy the East and West Indies into England a Vegetal that can controul Eolus and overmaster Neptune himself I mean the impetuous Whirlwinds of the one and the tumbling Waves of the other Now where doth this most useful Commodity grow more plentiful then in France Nor doth she hereby furnish her Neighbors far and neer only with Sayls for their ships but with shirts for their backs sheets for their beds and napery for their tables Touching the last great Staple Commodity of France which is Salt t is so savoury in the Kings Coffers that he draws twenty Millions of Livres evry year from the Gabel of it besides that incredible proportion which is spent in France it self what Millions of Mesures are laden out for other Countries Spain also hath this Commodity to a superfluity but her Salt is more corroding and acrimonious then the French Therfore when the Emperour Charles the fifth as Lansius relates had put out a Placart prohibiting that no French Salt shold be brought into the Netherlands the Country was like to mutiny for that tart Proclamation because the Spanish Salt which was permitted only to be imported was not so sweet and vigorous as the French specially as that of Rochel wherwith if Flesh be salted and a Ship victualld with it to the furthest part of the East-Indies it will eat as sweet at the return of the Ship as it did at first as t is found by the frequent experience of our Navigators Concerning the Air and Clime of France it is the most cheerful and temperat of any other under the Canopy of Heven which makes the inhabitants therof so spritful and debonnaire T is rare to find a French-Woman melancholy which was the ground of the Proverb To make a compleat Wife let her be English to the Neck From the Navil to the Knee Dutch From the Knee downward Spanish But from the Neck to the Navil French which relates to the Heart and to the merry disposition therof Nor are the French-women spriteful and merry most of any but they are also wise and judicious for Cassanaeus relates in his Catalogo Gloriae Mundi that in the famous old League which was struck twixt Hannibal and the Gaules it was capitulated that if any Gaule was wrongd by a Carthaginian a Carthaginian Magistrat shold be his Judge but if any Carthaginian shold be wrong'd by a Gaule Gallic Women shold be Judges therof I will conclude this Argument with the quaint Verses of Baptista Mantuanus an Italian Ignea Mens Gallis Lactea corpora nomen A candore datum populis Muliebra tingit Ora color Tyrius Paphium meditata colorem Ex geminis fecit Natura coloribus unum Laeti alacres lusu choreis carmine gaudent In Venerem proni proni in Convivia proni Ante Dapes adsacra Deum servire jâ—…gumque Ferre negant fugiunt figmenta hypocrisin Ore Liberi ingenuus mos est Tetricosque perosi c. The third Argument A Nobilitate Regiminis from the Nobleness of Goverment THe form of Goverment in the Kingdome of France is partly Civil partly Polemical It is a mixt Goverment between Peace and War composd of Military Discipline as well as of Civil Justice in regard that France having so many open Frontires and powerful Neighbours by Land they cannot as other Countries joyn Peace and Security together Touching their Martial Goverment t is very exact ther are divers Regiments of Horse and Foot in perpetual pay being inrolld and always ready for any occasion of Service Moreover in all the Provinces and places of strength ther are Governors and Garisons dispersd up and down which is very advantagious for the preferment of the Gentry Now the Governors are so cautiously disposd of by the King that not any of them hath means to betray or deliver up a Province into the Enemies hands the commands therof being so divided For though the Governor commands the Country in general and commonly the chief Town yet ther is a Lieutenant that holds also by Patent immediatly from the King and not from the Governor and betwixt these two ther are some emulations and umbrages ever and anon Then most part of their Towns Castles and Fortresses have particular Governors not subordinat to the Governor of the Province but deriving their power expresly from the King so that in many places the Town hath one Governor and the Castle another Indeed the Country of Provence only was usd to have a Privilege that Her Governor held it without a Lieutenant The Noblesse or Gentry in France are the sole body which participat in some fort with the Prerogatives of the Crown for from it they receave Privileges above other men and a kind of limited Regality upon their Tenants besides real Supplies to their Estates by divers Employments Pensions and exemption from Tallies upon their own Demeans and Lands as long as they manure them by their own servants but what Lands they let out to Tenants is presently Talliable which causeth proportionable abatements in the Rent and in compensation for this They onely owe the King the service of the Ban and Arriereban which is to serve him or his General three months within the Land at their own cost Now as in time of War the Noblesse undergo most part of the danger so is their power then more peremptory above the rest of their fellow-subjects wheras in time of Peace the King is ready to countenance inferiour persons against them and is contented to see them wast one another by contention in Law or otherwise for fear they grow too rich Because it is a principle of State in France That as the Noblesse use to do him the best service so They only misapplyed can do him most harm Now the ancient French Gentry was much diminished in the Croisades or Wars of the Holy Land because that to enable them for the service divers of them did hipotheque or morgage their Fiefs and Lands to the Church which are not redeemd to this day Insomuch that it is thought by sundry Computations which have bin made that the Gallican Church possesseth the third part of the fattest Fiefs in France Now upon the foresaid diminution the French Gentry have been repaird and made up since from time to time of Advocats Financiers and Merchants wherof a
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 XÌ„ 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 Livâ—…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 Crâ—…ssy in France That Heroyk King Edward the third having been provoked by divers Affronts that Philip of Valois the French King had offeâ—…'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
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 Richâ—…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
the first Universal or Oecumenical Council that ever was for it was convokd by authority of the secular power the Emperour being then become Christian. This celebrous Council was in the time of Pope Sylvester 325. And as in the Acts it stands upon record the Bishops therin did not subscribe according to antiquity of Consecration but according to the Dignity and Renown of the Province for which they servd Osius Bishop of Cordoua servd then for Spain and Nicasius Diviensis for Gallia but Osius subscribd first to the Canons of the Council and they are the first most authentik and legal Canons of any for the Emperour did consent therunto Now as the Record hath it 318 Bishops subscribd to the Acts therof which begin thus Osius Episcopus Civitatis Cordubensis Provinciae Hispaniae dixit Ita credo sicut superius scriptum est Osius Bishop of the City of Cordoua in the Province of Spain said I believe so as it is written above Victor Vincentius Presbyteri Urbis Romae pro Venerabili Viro Papâ—… Episcope Nostro sancto Sylvestro subscripsimus Ita credeâ—…tes sicut suprascriptum est Victor and Vincentius Presbyters of the City of Rome we have subscribd for the Venetable Man Pope our Bishop Saint Sylvester beleeving so as is above written Provinciâ—… Egypti Alexander Alexandriae Magnae c. Of the Province of Egypt Alexander of great Alexandria c. And when all Provinces had in their order and several degrees thus subscribd the last supscription runs thus Provinciae Galliarum Nicasius Diviensis Of the Province of Gallias Nicasius Diviensis I know the French have objected that Osius might be then Legat for the Pope and so had precedence but not a syllable of this is spoken of in the Records of the Council Others alledg that Osius being a Man of extraordinary Renown at that time because he had had a great hand in the conversion of Constantin the Emperour an extraordinary respect was born him for Nicephorus calls Him the Miracle of that Age and Athanasius stiles him Patrem Conciliorum Ducem Antesignanum But Ambrosius Morales with others aver that he subscribd first out of no other respect but as he was Bishop of Cordouâ—… and represented the Noble Region of Spain And for that regard He preceded also the Bishop of Constantinople as it appeers in a Letter which was written from that Nicâ—…ne Council to the Pope which runs thus Beatisâ—…imo Papae Urbis Romae cum omni reverentia colendo Sylvestro Osius Episcopus Provinciae Hispâ—…niae Civitatis Cordubensis Macarius Ecclesiae Constantinopolitanae Victor Vincentius Presbyteri Urbis Romae Ordinati Ex directione Tua To the most Blessed Pope of the City of Rome to be worshipped with all reverence Sylvester Osius Bishop of the Province of Spain and City of Cordâ—…a and Macarius Bishop of Constantinople and Victor and Vincentius Priests of the City of Rome ordaind by thy direction c. After the Nicene Council celebrated under Pope Sylvester other Synods or small Councils met where the Bishops of remote Provinces did not repair but they who were not far distant But at the great Council of Sardâ—… for so t is calld by Athanasius ther assembled 300 Occidental Bishops and 70 of the Levant who were most of them Arrians In this Council also Spain is namd next Rome as it appeers by the Record which goes thus Sancta Synodus Dei gratia ex Urbe Roma Hispanis Gallis Italis c. And Athanasius relates in his Apologie against the Arrians thus Fuere in Magno Sâ—…rdico Câ—…ncilio plures quam trecenti Episâ—…opi qui ex multis Provinciis Egypti Lybiae 〈◊〉 Palestinae c. Hisponiarum Galliarum Britanniarum c. eo se ad Concilium contulerunt Ther were in the Council of Sardis above 300 Bishops who out of many Provinces of Egypt Lybia 〈◊〉 Palestine c. Spain Gallia Britain c. did repair to the Council In the raign of Constantius the Emperour 358. He causd two Councils to convene One of the Oriental Bishops at Seleucia The other at Ariminum in Italy consisting of Western Bishops and in the Acts therof Spain is still nominated before France At the first Council in Constantinople and that at Rome under Pope Symachus with others ther can be no judgment made of Precedencies until Lugduneâ—…se Concilium the second Council at Lions Anno 1274. held under Pope Gregory the tenth where among divers other ther were Ambassadors from Paleologue the Eastern Emperour and the King of Tartary This Council was convokd principally for reconciling the Greek Church with the Latin for the conversion of the Tartars and also for an Expedition to the Holy Land Ther assembled 500 Archbishops and Bishops 40 Abbots and 1000 Prelats and Doctors among whom â—…onadventure and the Angelical Doctor Thomas Aquinas who assisted there did die Don Iaime King of Aragon was earnestly sollicited by the Pope to be there as Peter 〈◊〉 hath it upon good record in the Spanish Toung as followeth Viendo el Papa Gregorio que la yglesia tenia gran necessidad de Concilia para much as cosas y especialmente para las de Ultramaâ—… determinò dâ—… juntar Concilio en Leon en Francia para la pâ—…scua del Espiritu 〈◊〉 y embiava à 〈◊〉 al Rey de Aragon 〈◊〉 que no faltasse dâ—… 〈◊〉 〈◊〉 necessidad de 〈◊〉 presentia para dar Consejo y favor à la santa Ig be 〈◊〉 c. Pope Gregory seeing that the Church had great necessity of a General Council for many things specially for Affairs beyond the Seas determind to convoque one at Lions in France towards Whitsontide and sending notice hereof â—…o Iames King of Aragon he endeard the business unto him desiring his presence in regard there wold be great want of his person to afford counsel and favor to the Holy Church â—… King Iames came accordingly in a splendid Equip page and the Cardinals Bishops and the world of Prelats ther came to meet him three miles were so numerous that though they set forth betimes in the morning yeâ—… it was after noon before he arrivd at the Popes Palace The next day He made a Noble Speech and Hortative for a Cruzada to the Holy Land taking the superior place all the time he was there which raising some envy in the Ambassadors of other Kings discontents grew and so nothing took effect Under Clement the fifth Anno 1311. a Council was convokd at Vienna wherin ther were 300 Bishops besides other Ecclesiastiks where Philippe le Bel with his Son Luys Hutin King of Navarre and two other of his Sons came but ther is no mention made in the Records of any matters of Precedence nor likewise in the Council of Mantua held by Pius 2. 1458. Then came the Council of Basil and hear what Platina saith in the Life of Eugenius 4. Et quod Basiliense Concilium jam 〈◊〉 inchoatum Martini Decreto augeri indies cerneret conturrentibus eò
ΠΡ Ο Ε Δ Ρ Ι Α Î’ 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. Coâ—…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
going out Among Artificers and Men of Trade the Civilians say that each one is to precede according to the Dignity of the Stuff wheron they work Moreover when Publik Instruments are made that Kingdom in whose Right t is made hath the Precedence so somtimes Scotland is namd before England c. General Precedences do differ according to the Genius of some Nations as among the Turks to go on the left hand is more honorable sedendo incedendo in sitting and going then on the right and the reson is good because he may seaze upon his Companions Sword at plesure In Spain the Pages and Laquays go before and the Lords follow And in some cases t is so in France as in going over a Bridg a Plank or a River the Man goes before the Master according to the old Proverb En Pont en Planche en Riviere Valet devant Maitre derriere Concerning Ambassadors ther is a way that they shall never clash which is to make them Parallels viz. that the Ambassadors of those Kings who stand in competition for Precedence do never meet unless it be in visiting one another And the Mathematician tells us That Parallelae etiamsi ducantur in infinitum nunquam concurrent Parallels although they be drawn in infinitum they will never meet and if Ambassadors never meet they will never jussle or jarr J. H. THE Civilians Antiquaries and Historians BOTH Latin English British Italians Spanish and French That were Consulted and Cited in the Compilement of this WORK GOldastus Cassanaeus Besoldus Valdesius Francisco Vasquez Volaterranus Bodin Boterus Albericus Gentilis Lansius Augustin Caranato Thesaurus Politicus Ant. Corsetus Camillo Borrello Boccolini Sleidon Dr. Gaspar Bragaccia Paschalius Don Ant. de Zuniga Mariana Garibai Fredericus de Marselaer Carolus de Grassaliis Du Haillan Comines Pierre Matthieu The Bishop of Rhodes Du Serres Versâ—…egan Il Conte Losco The Lord Coke Bishop Usher Sir Thomas More Sir Walter Raleigh Sir Robert Cotton Sir Henry Spelman Sir Richard Baker Sir Iohn Finet Sir Iohn Price Iudg Doddridge Humphry Lloyd Iudg Ienkins Mr. Campden Mr. Selden Mr. Fabian Philipps Barclays Argenis Matthew Paris Polydore Virgile Sir Henry Wotten Sir Isaak Wake Mr. Minshew Besides these Authors many Ancient Records and Manuscripts have bin consulted and the perusing of old Parchment-Records is a hard and harsh Work it may be said to be like the peeling of old Walnuts ANALYSIS Totius Operis TOuching the Matter and Method in framing this Work it is by dividing it into four Compartments viz. into four Sections The first three treat of the Precedence of Kings The fourth of Ambassadors Evry one of the Sections is subdivided into ten heads or Paragraphs containing still new matter The first Section consists of the Resons of the King of Great Britain c. First That He had to his Predecessors as ancient Kings as France and Spain and as famous among others Mulmutius Dunwallo who raignd here many hundred yeers before the Romans came in and he was so great a Legislator that his Laws are calld Leges Mulmuntinae and stand upon record to this day Moreover his Majesty now Regnant is the hundred thirty ninth King of Britain and the hundred and ninth of Scotland wheras neither Spain or France can shew a Catalog of half the number 2. The King of Great Britain had to his Predecessor the first Christian King that ever was upon earth viz. King Lucius according to the concurrent Opinion of all Antiquaries for St. Peters Church in Cornhil was built by him as a Record yet extant shews and this was many hundred yeers before France or Spain had any Christian King which made England to be entitled in all dispatches from Rome Primogenita Ecclesiae the first-born Daughter of the Church Now it is a Canon among the Civilians Summa Ratio quae ducitur à Religione and Grotius hath also a Principle Qui primò Christianismum professi sunt Praecedant c. 3. The King of Great Britain hath a Merum immixum Imperium he hath as absolut Possession and Authority and more Independent then France or Spain take Spiritual and Temporal together 4. The King of Great Britain for Eminence of Royal Dignity for State and Titles hath as fair Flowers He hath as rich Jewels in his Crowns as any other He hath as Noble Arms the Cross and the Lyon who is King of Animals 5. The King of Great Britain had to his Predecessor the first Christian Emperour Constantin and the first Christian Worthy Arthur the first Founder of Martial Knighthood whom ther is Truth enough to make Famous without that which is thought Fabulous 6. The King of Great Britains Predecessors were the first who freed themselfs from the Roman yoke long before France or Spain and this is one of the greatest Arguments that those Kings do produce for a Precedence one of another 7. The Kings of Great Britain had Precedence adjudgd Them both of France and Spain in General Councils as also by the Decrees of Popes as it will appeer in the following Discours 8. The King of Great Britain is Souverain of as Noble an Order of Knighthood as any in Christendome wherof eight Emperours and well neer eight times as many Kings have bin and is more ancient then the Royal Orders of France or Spain 9. The King of Great Britain hath had as Martial and Magnanimous Progenitors as any of the other two who performd great Acts both far and neer and touching Exploits in the Holy Land the Kings of Spain had little share in them 10. The King of Great Britain hath as free-born and strong sturdy Peeple of four several Nations to make Soldiers of as either France or Spain He hath the best Mariners the stoutest Men of War the Noblest Haven for so Milford is accounted by all Geographers He hath the Inaccessiblest Coasts with the greatest Command and Power at Sea both Defensive and Offensive of any King whatsoever The second Section Consists of Reasons and Arguments why France doth pretend and challenge Priority of Place which Reasons under favor may be appliable also to the King of Great Britain and the world knows why But for to make the King of Great Britain come after the King of France is to make him come behind himself which is no less then an absurdity The third Section Consists of the Reasons and Arguments which Spain alledgeth for Precedence at least of an Equality with the two forementiond Kings extracted with as much fidelity as carefulness out of her own Authors as Don Diego de Valdez D. Francisco Vasquez with others The fourth Section Consists of a Discours of Ambassadors T is tru ther are some who have written of this subject already yet not any under this Meridian But those Forreners who have discoursd therof do amuse the Reader with such general Notions that the Breeding and Qualities which they require as also the Monitions Precepts and Instructions which they prescribe may fit any
at Mahomet the thirds Circumcision which lasted 40 days there being then in Constantinople the Ambassadors of the greatest Monarchs upon Earth yet the Ambassador of Rodulphus the Emperour had the Precedence of them all All this is but Collateral to the main Designe of the intended Discourse which aims chiefly at Kings whereunto we now hasten but we will first give a few Hints or Prolegomenas of the Original of Kingly Government Of Royalty or Kingly Government THere is a Saying in France Pape par voix Empereur par Force Roy par Nature Pope by Choice Emperour by Might King by Nature viz. Successive and Hereditary Kings who ought to have the Precedence of Elective Whence may be inferred That Kingly Government is most agreeable to Nature Now 't is a tru and elegant Principle That Naturam sequi est Deo obsequi To follow Nature is to obey God Concerning the Character or Title of King it is of a more ancient date then that of Emperour For they who grope at Government before the Floud speak of Kings in Chaldee and Egypt Rome began with Kings and it may be said that it was more the Peeples Wantonness then Tarquin's which put them down Afterwards the Name of Emperour was given to that person who was Commander in chief of the Army or Praetorian Bands and Legionary Soldiers it was not a Title of that Sublimity and Transcendence as it proved afterward Among the Greek Authors the Names of Monarchs Kings and Emperours are taken promiscuously But all Writers that pretend to Policy acknowledge that Kingly Government of all other as it is the most ancient and may be said to begin with Adam so it hath most conformity with that of Heaven whence the best patterns for all Humane Actions are to be fetch'd and 't is no presumption to do it Moreover of all kinde of Ruling Powers Royalty is the prime for in it as the Civilians say there is formalis completa gubernandi ratio the most formal and compleat Essence of Government Royalty also hath the easiest the fewest and certainst Principles if any certain can be found for there is no Knowledge so subject to confusion and incertitudes as the Art for Man to govern Men It could never yet be brought to a Science which consists of general and tru Apodictical Demonstrations The Reason may be the various Inclinations Caprichio's and Humours of Peeple proceeding from the diversity of Climes and Coelestial Influences as also from that World of Contingencies which attend Human Negotiations likewise from the diffring Positions of Earth for those Laws and kinds of Government which may be proper for the Continent will not fit an Insulary Peeple nor those Laws of a Maritime Country can sute with meer Inland or Mediterranean Territories Therefore that Gran Senior of all Knowledge the Stagirite whereas he useth to be constant to himself while he gives Maximes for other Sciences when in his Politiques he comes to Human Government and beats his Brain how to prescribe certain Rules conducing thereunto He is not found onely at a loss and wavering to himself but he wraps his Scholars here and there in Clouds of Ambiguities Nor can we blame him and others to rove up and down in that manner upon this subject it being beyond the compass of Human Brain to enact such Laws may fit all times prevent all accidents and quadrat with the Genius of all Nations Some Peeple are so fiery-mouth'd that they must be rid with a Bit Curb and Martingale but a snafâ—…le and gentle hand will serve to manage others Now 't is observ'd that they who inhabit hard and barren Countries are more easily govern'd then those who live in fat and luxurious Soyls where being pamper'd with Plenty and Wealth they are apt to grow wanton and kick at or overthrow their Riders Yet it may be said that there is one certain and Universal Rule for Government and to keep a Peeple in a constant and exact Obedience and that Rule is For the Soveraign Prince to have always a standing and visible actual Power in motion as well to conserve as to curb a Peeple in case of any Commotion And 't is consentaneous to good Reason that the Subject shold contribut for this general Protection according to the saying Defend me and spend me that so evry one may rest under his own Roofs and sit at his own Fires in quietness and safety In sum All Statists concur in this That there is an Awe due to a King as well as Affection He must be a Dread Soverain as well as a Gracious and that Govermentâ—…s best temper'd where a few Drams of Fear are blended with the Peeples Love But now to our main Work Touching The Precedence of Kings And particularly of the great TRIUMVIRS OR The Three most Potent KINGS in Europe IN discussing this high Point we will first look Westward For there is a Story tells us That once when there were divers who stood in competition for the Kingdome of Persia it was agreed between them that the next morning they shold all meet in a great Plain and he who did first see the Sun rising and that his Horse did neigh shold be the King Being met on Horse-back at break of day as the rest stood gazing towards the East Darius one of the Competitors look'd always towards the West and at last finding a glance of the Solar Beams his Horse neighed whereat he suddenly turned back and so claim'd the Kingdome So to finde the truth of what is here sought after we will first look Westward towards Great Britain whose King may compare with any other whatsoever for these Reasons First for Antiquity of Predecessors and particularly of Christian Kings Secondly for an Independent absolute and unhomageable Possession and Authority both Spiritual and Temporal Thirdly for Eminence of Royal Dignity State and Titles Fourthly for Martial Exploits and Atchievments abroad Fifthly for a stout and strong sturdy freeborn Peeple with a plentiful Masculine Country and generality of Wealth Sixthly for a Royal long-lind Extraction and Blood Seventhly for Hospitality and a plentiful Kingly Court with number of Officers and stately Attendance Eighthly for diversity of Nations and diffring Maternal Languages As also that no Kings Face shines upon his Coyn in purer Metal Ninthly for Prudential Laws and Constitutions Tenthly for Greatness of Power by Sea and Land Defensive and Offensive With other Prerogatives I say that the King of Great Britain may hereby not onely claim an Equality with the other two but stand fair for a Precedence Now for proof of all the fore-pointed Particulars we will put evry one by it self and treat thereof in several Paragraphs and first Of the Antiquity of the King and particularly of the Christian Kings in Great Britain whereby we take A Jove Principium IT is observed by most Annalists who write of Countries and Nations that the Britains who were the Aborigenes the Primitive Inhabitants and may be said to be
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 hunâ—… 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 Imperâ—…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 â—…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.
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
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 Affronâ—…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
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-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
The Ninth Paragraph Touching the Prudential Laws and Constitutions of Great Britain relating to Prince and Peeple As also The Eminence and Variety of Honours which the King can confer c. VVHat the Arteries Nerfs and Cartilages are to the Body Natural the same are Laws to the Political they are the Ligaments of a Kingdom which connect and tie all sorts of peeple though of so many different humors in one Goverment and under one Souverain head The Common Law of England though in some things it differs from the Civil by which most parts of Europe are governd yet it hath the rationability and justness the general notions and aym of the Civil Law which is to preserve evry one in the possession of his own and the Souverain Prince in honour power and Safety The main quarrel against it is that it wants Method and that it is not reducible to any or capable to be digested into such a Pandect as the Civil Law is Wherunto it may be answered That the Common Law of England hath for its grounds 1. Custome 2. Iudicial Records And 3. Acts of Parlement or Statuts The two later being declarations of the Common or Customary Law of the Land are methodizd and digested to order as the book of Statuts c. whence the Sheriffs the Justices of peace and Constables with other Officers may learn their duties and how to execut their places and any subject els may know how to keep himself within the bounds of his obedience But the Common Law of the Land consisting of Cases Precedents and Judgments as also of Immemorial and Uninterrupted Municipal Customs which being no Written Things Therfore it is no wonder that the professors therof have not bin so curious to attempt hitherto the Methodizing of that Art which consists most of Custom and Usage yet fair Essays are made daily for better retaining the same in memory by putting particular Cases under general Rules wherof ther are divers Volums frequently publishd of late yeers Now the Laws of England look two ways either upon the Souverain Prince or upon the peeple Touching the later ther is no Law upon earth so careful and tender of a mans life or livelihood be he the meanest subject under the Crown as the Common Law of England is For wheras in other Countries a single Judge and Witness may take away ones life or estate wherof the one may be subornd the other corrupted t is not so in England but besides Witnesses and Judges ther be two sorts of Iuries one the Grand Inquest which consists of twenty four Gentlemen or able Freeholders to consider by a previous consultation of all Bills of Inditement to be preferd to the Judicial Court which upon strict examination they either approve and transfer to the Court by writing upon the Bill Billa vera or they disallow it by writing Ignoramus Such causes as they approve if they concern Life and Death are further referrd to another Iury to consider of because the case is of such importance but others of lighter moment are upon their allowance fined by the Bench without more ado Except the party traverse the Inditement or chalenge it for insufficiencie or remove the Cause to a higher Court by a Certiorari in which two former cases it is referrd to another Jury and in the later transmitted to a higher and presently upon the allowance of this Bill by the Grand Inquest the party is said to be Indited but such as they disallow are deliverd to the Bench by whom they are forthwith cancelld or torn The Indited party being to stand afterwards at the Bar and desiring to be tryed by God and his Country ther is a Petty Jury empannelld of Twelve who bear the publick repute of honest men and the Law of England is so indulgent of life that the prisoner may challenge or except against any to such a number and withal a Butcher who is inurd to bloud and slaughter is incapable by the Law to be a Jury-man for life So the said Jury after a strict and painful examination of the Fact with all the least circumstances therof deliver their Verdict according to their consciences wherby the Judg doth acquit or condemn the party according to the quality of the offence nor can any pecuniary Mulct satisfie for the life of any as it is in other Countries And as the Common Law of England is thus so tender of humane life so it is as cautious indulgent and careful of the livelihood and propriety of the meanest subject in the Land which in case of controversie is done also by Jury and put home to the Consciences of twelve indifferent good men and not left only to the breast and opinion of any one Judge be he never so learned and incorrupt The English Law likewise favors Widows and Orphans and the poor have Counsel appointed them gratis c. It appeers out of the premisses what a great regard the Common Law of England the Lex Terrae hath to the lifes and properties of the peeple in point of Justice Now in point of Reverence and Loyalty to the Souverain Prince which is more pertinent to this disourse ther is no Law hath higher regards likewise that way nor also to his honour and dignity to his welfare and safety to his Royal Prerogatives and glory which Prerogatives intrinsecally stick and are inherent in the Crown yet are they and the Liberties of the Subject determined and bound by the Law The Laws of England make the King their Protector and reason good for they are his own Productions t is he that puts life into them They bear such reverence to his person that in his Presence none can be seizd or violently layd hands on or arrested his very presence being a Protection for the time He who giveth but a blow to any in his Court the Law adjudgeth him to loose his Right hand The Law sayth that the King hath his Title to the Imperial Crown of Great Britain and to his Kingly Office and power not as a fiduciary thing conveyed from the peeple but by inherent birthright and inalienable heritage immediatly from God from Nature and from the fundamental Constitutions of the Land He hath not only Ius paternum a paternal power over his subjects but Ius despoticum herile he hath dominion over them which Dominion is devolvd upon him gratiâ Dei by Divine dispensation and favour Ther is no Alleageance or Fealty due to any other power but to the King The Law is so careful of the sacred person of the King that it reacheth unto the very thoughts and restrains them from machination of any evil against him For the Law says it is Treson to Imagine mischief against the King much more to attempt act and execute it The Common Law of England makes the King the Supreme and independent Governour And all other persons derive their power and authority from him either by his Royal Writ Patent or Commission
The Law presupposeth that he sits not only at the Kings Bench but in other Courts of Judicature for the Writs go Teste meipso And because the Law sayth that the King must govern in Mercie and Justice the sole power of Pardoning is in Him Moreover the power of Coinage is only in the King with the enhancing or decrying the price of money He is the sole Gran Master of the Mint wheras in France others partake with the King in this high Prerogative Nor doth any Kings Face shine in purer Metal for it shines onely in pure Gold and Silver and that of the finest Standard Mixture and Allay of any in Europe wheras I have seen and felt the face of the French King in Copper and Brass with other mixt mongrel stuff As also of the King of Spain's though he terms himself the Monark of Gold and Silver Mines yet the common currant Coyn twixt Merchant and Mechanick is Copper wherin the Hollander by his cunning hath done him a world of mischief from time to time by counterfaiting that Copper Coyn and â—…oysting it in by divers artifices as in a ship laden with Lead and Tin ther wold be somtimes divers Sows of Lead hollowed and crammd with quartils as also in hollowed Masts with other inventions Insomuch that one time when all the Vellon or Copper Coin was calld in and a scrutiny made how much had bin coynd ther were many millions more found to be brought in and counterfaited then had bin stampd in the Kings Mint By the Common Law of the Land the King of Great Britain hath three Royal Ensignes which cannot belong to any other He hath the Crown the Scepter and the Polemical Sword as I have mentiond in another Treatise and is proper to touch here By the first He reigns by the second he makes Laws by the third viz. the Sword He protects them Concerning the Crown or Royal Diadem the Laws of England assert that it descends upon his head by a right Hereditary line though through dâ—…vers ancient Royal Races wherof some were Conquerors The Crown is His as much as any mans Cap 's his own And ther is no Crown stuck with fairer Flowers I mean Royal Prerogatives wherof divers were spoken of before Concerning the Scepter it may be calld an Individual Copartner or a Royal Appendix to the Crown It doth capacitate the King to Enact Laws for before his Assent all the Results and Determinations of Parlement are but Bills they may be said to be but abortive things and meer Embryos nay they have no life at all in them till the King by his breath infuseth vigour and animation into them and the ancient Custom was for the King to touch them with the Scepter then they are Laws and have a virtue in them to impose an universal obligation upon all sorts of peeple Now it is an undeniable Principle of the Law of England That nothing can be generally binding without the Kings Royal Assent nor doth the Law take notice of any thing without it This makes Them to be calld afterwards the Kings Laws and the Judges are said to deliver the Kings Iudgments nay he himself is always Lord Chief Justice of England which Title is not assumable by any Subject Now before an English Law is made ther is mature and mighty long deliberation goes before for first the business is agitated and canvasd many days in the House of Commons which represents all the peeple of England till it comes to the ripeness of a Bill The Bill being drawn is read thrice in the House and having passd the brunt of all Exception t is engrossd and transmitted to the Lords and there also t is read thrice and debated with much deliberation Then by concurrence of both Houses t is presented to the King who consults with his Learned Counsel whether ther be any thing therin derogatory to his Prerogatives if not He gives his Royal Assent and then t is created a Law and generally binding Touching the power of the Sword it is more proper to treat of it in the next Paragraph Moreover the Lex Terrae the Common Law of England makes the King the Fountain of Honour nay without any disparagement or offence be it spoken He can confer Honor upon other Kings and Souverain Princes as he is Souverain of the Order of Saint George wherof ther have bin eight Emperors five Kings of the French four of Spain seven of Portugal two of the Scots four of Denmark three of Naples one of Poland and another of Sweden two Dukes of Urbine one of Millain one of Ferrara one of Savoy one of Calabria one of Holland one of Gueldres four Princes of Orenge seven Counts Palatin of the Rhin two Dukes of Brunswick two of Holstain one of Brandenburgh and one Duke of Wittenberg with divers other Forren Princes Now among all Orders purely Military ther is not any now remaining in the Christian world either more ancient or honorable then the Noble Order of Saint George wherof the Garter is a Symbole therfore are they calld Equites periscelidis Knights of the most Noble Order of the Garter which Order was first instituted by that Victorious King Edward the third who was offerd to be Emperour Anno 1350. which was threescore yeers wanting one before the Institution of the French Order of S. Michael by Lewis the eleventh and 229 yeers before the Order of St. Esprit by Henry the third and full fourscore yeers before the erection of the Order of the Golden Fleece by Philip Duke of Burgundy It is also 209 more ancient then the Order of the Knights of the Elephant which was devisd by the Kings of Denmark and much more then that of Amaranta excogitated by Sweden c. Now observable it is that among all these Orders l'ordre del toison d'or the Order of the Golden Fleece related to the English Wools which were transported to Flanders by our Merchants wherby all the Provinces adjoyning did so infinitly enrich themselfs And this Order of the Golden Fleece as it is one of the highest Esteem so it hath most affinity with our Order of St. George in point of Regulation as also that ther are so few of it For our Order is accounted far the Nobler because it hath constantly kept it self to the same number of Knights viz. 26. since the primitive Institution wheras the French Orders have multiplied so fast in number of Knights that one said the Order of the French Knighthoods are now become Collers for every Ass to wear about his neck And as this high Order of St. George hath the precedence of all other now worn by any King in point of Antiquity so the ground and designe of it was very Noble For when the first Idea of erecting a new Order of Knighthood entred into the head of the foresaid Heroick King Edward the third his thoughts reflected upon King Arthur who indeed was the first founder of Knighthood not only
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
body And surely this could not be the Devil as some poor shallow-braind Authors do assert all Spirits of the Air to be Go to the Bowels of France and she is full of Mines and Marble in many places with great plenty of Iron the best and worst thing belonging to humane use Look upwards towards Heven and you shall see the Air throngd with Volatils of all sorts Nor is ther any Country on earth so conveniently waterd as well with Sources and Sanative waters as with great Navigable Rivers which makes evry part of the Country communicable one to the other in point of mutual commerce for all the great Towns are situated upon some Boat-bearing Rivers And besides they are so delightful that some of them are said to be embroderd with Swans borderd with Crevices and pavd with Troutes with all sorts of delicat Fish Insomuch that ther is nothing which Air Earth or Water can affoord as well for Voluptuousness and Luxâ—… as for necessity and common sustenance but France affoords it in a kind of exuberance Paris is such a place of infinit provision that Monsieur Vigner said If he were to give a Treatment to the most luxurious Feasters among the Romans were they alive as Apitius Lucullus Pompey with many more he wold desire but one days warning to do it and they shold be so servd that they wold confess they never found the like in Rome How many Ordinaries are ther in Paris of Pistol-price and the Tables servd all in Plate Which makes the Italian Poet break out very ingeniously into the praises of France thus Gallia Terreni pars est non infima mundi Sed longè latéque patens Terra Hominum Frugúmque ferax Armenta Gregésque Uberiùs pascens plebis non languida Coelo Tabifico Non mortiferis infecta venenis Ut Lybiae non perpetuis adoperta pruinis Sicut Hyperborei Montes non torrida ab aestu Qui faciat steriles ut decolor India campos Non etiam noctis pallens semestribus umbris Quale sub Arcturo positum Mare ultima Thule Sed nec ut Egyptus quia fusa palustribus undis Sed Coelo tenerae faecunda uligine Terrae Venatu Aucupio campos Montana lacusque Sallicitant bellandi usu laetantur Equorum Terga fatigantes loricae hastilia arcus Deliciae Genti sub dio ad sydera somnum Carpere fuscari sole ferrugine pulchrum est Pulvere conspergi graviùs sudare sub Armis Pro Patria pro Cognatis pro Regibus ire In pugnam gladios morti occumbere dulce est The ninth Argument A Fortitudine Rebus in Bello actis from Valour and Exploits performed in the War IT is recorded in good Story that Alexander the great Founder of the third Monarchy viz the Greek hearing much of the Fortitude of the Gaules and it seems having read of the great Exploits performd both in Italy by ransacking Rome as also in Greece her self under the conduct of Brennus that valiant Britain the Cadet of Mulmutius Donwallo the famous Legislator and first King that wore a Crown of Gold in Great Britain many hundred years before the Romanes entred I say that Alexander hearing so much and reading of the Martial Achievments of the Gaules now French sent to know of Them What they feard most They answerd Ne Coelum rueret Lest the Heven shold fall A magnanimous answer And the French Nation must by natural inclination be magnanimous and Martial because the Astronomers who are so conversant with Hevenly Bodies and their virtual power in relation to Earth affirm that the Planet Mars is the Ascendent of France and hath a peculiar influence upon that Nation more then upon any other To pretermit for brevities sake many other victorious Kings who had raignd formerly what a triumphant Hero was Charlemain He vanquishd the Saracens in the Holy Land He freed Spain from them He was a mighty Champion of Christ and of the Roman Church For He restord two Popes viz. Adrian and Leo the one being besiegd the other banishd and living in exile This was the Prince who repaird the Western Empire being almost mouldred into dust and raysd it to as high a pitch of sublimity as ever it was by congregating the scatterd Dominions therof This was He who overthrew the Tyranny of the Longobards which his Father Pepin had begun and quite freed Italy of them where they had lived and lorded above two hundred yeers He subdued the Empire of the Huns securd England tam'd Bavaria subjugated Spain and possessd Italy He drive the Moors out of Corsica the Carthaginians out of Sardinia the Saracens from the Baleares Insulae Malliorca c. This was he who trounc'd the Bohemians checkd the Impiety of the Danes broke the fierceness of the Sclavonians and reducd the Saxons to Civility This is He whom all the Oriental Princes admird as well as the West receaving their Ambassadors laden with rich presents and desiring a frendship and confederacy with him This is He who was the founder of the University of Paris being very learned himself by the Instructions he receavd from Alcuin that famous English-man This was that pious Prince who confirmd the Donation which Constantin the great his predecessor made unto the Holy Father the Vicar of Christ of the City of Rome and conferd also upon Him the Exarchatship of Ravenna Therfore was he as deservedly as gloriously Crownd in Rome Emperour of the West and the Title of Christianissimus given Him the Empire continuing in his Race by direct Line above a hundred and ten yeers What glorious Expeditions have bin made since in the Holy Land by five several Kings of France in person Me thinks I behold Godefroy of Bouillon being countenancd and assisted by the French King and having morgagd some part and sold the rest of his Duchy for that Enterprise marching with a huge Army through Germany Hungary and Greece and so passing to Asia to encounter the Forces of Solyman the Ottoman Emperour and Chalypha the Soldan of Egypt with other Infidel Kings whom he put to flight making himself Master of Nice of Antioch and Hierusalem her self with the Holy Sepulchre of Christ. Me thinks I see Him when he was to be crownd King of Ierusalem throwing away the Crown of Gold and taking one of Thorns in imitation of our blessed Saviour Me thinks I see all the Princes therabouts Tributaries unto him and bringing him rich presents though He himself went clad but in the habit of a common Gregarian Soldier wherat some of the said Princes being astonishd askd How comes it to pass that so great a Conqueror who hath shaken all the Eastern world shold go so plain and homely But to draw to a conclusion of this Argument let 's descend lower to some of the Modern Kings of France and the two last will afford matter enough to confirm the Fortitude of the French Nation viz. Henry the Fourth and his Son Lewis the Thirteenth Concerning
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 â—…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 dâ—…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 â—…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 oâ—… 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
mention of any such thing But grant that France hath reason to give the Lilies or Flower de Luces for her Royal Arms yet Spain hath a nobler for Spain gives the Crosse in her Shield For we know that many ancient and Authentik Writers affirm how the Cantabrians or Biscayners who were left unconquerd by the Romans carried a Crosse in their Banner long before the Nativity of our Saviour which King Pelagius carried when issuing forth of the great Cave calld Cobadonga to this day with not much above 1000 Christians he utterly routed 60000 Saracens to the memory wherof t is thought the great Church Cangas calld St. Crosses Church was erected where he lieth buried with a Crosse ingraven upon his Tomb. And after King Pelagius who is calld the Instaurator of Spain with other Kings had the Crosse in their Banner And San Isodorus who after St. Iames the Apostle is the Patron of Spain always usd it who was a Bishop and a Knight so that wheresoever he is represented either in shadow or stone he is painted in a Pontifical vest having the Crosse in one hand and the Sword in the other and as the Oriflambe is the chiefest Banner of France which is kept in the great Church of St. Denis so in the great Church of Leon in Spain Saint Isodorus Banner is devoutly kept up which upon occasion of urgent necessity was usd by divers Kings to be brought to the Field against the Saracens and afterwards against the Moores wherby many glorious and wonderful Victories were obtaind Nor is the Crosse the Ensigne onely of Biscay and Castile but also of Arragon and of Navarre and the ground of it is related in Beuter Illescas and Turapha to be that when King Garcia Ximenez was ready to fight a Battail against the Saracens and that the Christians under his command grew to be dejected and faint-hearted ther appeerd in a green Tree a red Crosse very resplendent which struck such a comfort and courage and made such impressions in the heart of the fainty Soldiers that they fell upon the Infidel-enemy with so great a resolution that they did utterly discomfit him wherupon he was called Rey de Sobrarbe because that the holy Crosse appeerd above a Tree Argum. 7. Proving That the Catholik King may claim Precedence because he is King of Jerusalem and that the Right of Unction belongs also to Him c. ALl Authors concede that in all solemn Pomps and publik Places the first seat in the Church after the Emperour belongs to the King of Ierusalem as Corsetus Grasalius and others do observe And the Reasons are many Because our Saviour preachd and sufferd there Because he made choice of his Apostles and Disciples there Because he wrought most Miracles there Because he conversd and had conference with Men there Because he instituted his last Supper there Because he did consummat the Eternal Salvation of Mankind there and because he was buried there with multitude of other Reasons Now that the King of Spain is right King of Ierusalem I beleeve ther are but few will deny it for the Holy Father in all his Bulls in his Apostolical Letters and all publik spiritual Dispatches doth stile him King of Ierusalem and so doth the Conclave the College of Cardinals the Rota or Judges of the Apostolik Chancery And it is as cleer as the Meridian that this Title is due to him as he is King of both the Sicilies viz. of Sicily Calabria and Naples which appeers evident in all Annals and Chronicles Although the French do cavil with him for a Right to those Kingdomes which Valdesius and Vasquez do sufficiently answer and refute Nor can it be denied but a double Unction belongs to him as he is King of both those Kingdomes wheras the Kings of England and France have but one Unction apeece relating to single Kingdomes Now that Kings are to be anointed with holy Oyl the sacred Code tells us plainly for it was the warrant which God Almighty himself the King of Heven and Earth gave unto the Prophet Elias Unges Asachel Regem super Syriam Iehu silium Namasi unges Regem super Israel Thou shalt 〈◊〉 â—…sachel King over Syria and thou shalt anoint Iehu King over Israel In another place he speaks himself Inveni David servum meum oleo sancto meo unxi eum I have found David my servant and with my holy Oyl have I anointed him Therfore Kings are called Christs upon earth because they are anointed by God Nay Cyrus is calld Christ in this sense as the Text saith Haec dicit Dominus Cyro Christo ejus Thus says God to Cyrus his Christ or his anointed One of the Prerogatives of the Emperour is that he is to be anointed by the Pope himself But Kings are anointed by their own Prelats Augustin de Ancona gives the reason for this Ceremony because Oyl signifieth gladness and promptitude to debel the Enemies of the Church to fight for the Orthodoxal Faith and carry away Victories Therupon at the celebration of the Olympik Games the Wrastlers were usd to be anointed as the Poet sings Exercent Patrias Oleo labente Palestras Nudati Socii The holy King saith Dilexisti justitiam odisti iniquitatem propterea unxit te Deus Oleo laetitiae prae consortibus tuis Thou hast loved justice and hated iniquity wherfore God hath anointed thee with the Oyl of gladness above thy fellows By Oyl also is understood cleerness of Conscience as we read Prudentes Virgines acceperunt oleum in vasibus suis The wise Virgins took oyl in their lamps Now they are Hevenly wide of the truth who hold that these two Kings viz. of Ierusalem and Sicily with those of England and France are only capable of holy Unction For it belongs to all Kings especially to the Catholik King who is a mixt Person twixt Temporal and Spiritual for he is Canon of Burgos as the French King is of a Church in Poitou But the Kings of Spain have bin from all times anointed from the time of King Vuamba and after him Ervigius for the Text of the Council of Toledo saith plainly Serenissimus Ervigius Princeps Regni conscenderit Regni culmen Regnandique per sacram Unctionem susceperit potestatem Most serene Ervigius Prince of the Kingdome shall ascend the top of the Kingdome and by the holy Oyl take a power to raign After these the Gothik Kings were also anointed from Pelagius downward Therfore t is a pure Paradox or rather a vulgar Error that none but the four mentiond Kings are capable of holy Unction Argum. 8. Proving That the Catholik King may challenge Precedence because of the free and absolut Power he hath over his Dominions and that he hath Empires under Him c. IT mightily concerns Royal Dignity to have a whole Plenary Dominion and Rule and not to be subordinat to any other Temporal Power whatsoever Such an absolut Dominion the Catholik King enjoys and is entaild upon him
by the Laws of the Land though as a dutiful Son to the Church out of pure Ideas of Devotion he is contented to be obedient unto his Mother in spiritual things Yet ther are divers Tramontan Writers both Italian and Germans who being devoted to the Emperour wold make the Kings of Spain England and France to acknowledg the Emperour and they who do it not remain in no less then mortal sin And one of the main Arguments which they urge is That the Emperour Sigismund before the Council of Constance assembled sent his summons among other to Ferdinand King of Aragon to be there for the universal good of Christendome But herunto t is answerd That the glorious Emperour Charles the fifth made a solemn Protestation that he decreed nothing in Spain under the notion of Emperour For though he had a double quality yet whatsoever he acted in Spain was singly as he was King therof This signal Diploma or publick Protestation is yet to be seen in the Archives of Spain and is mentiond in the History of Pedro Mexia which runs thus Don Carlos por la gracia de Dios Rey de Romanos futuro Emperador semper Augusto Rey de Castilla y de Leon c. En uno con la muy alta y muy Poderosa Reyna Donna Iuana mi Sennora Madre Por quanto despues que plugo a la Divina Clementia por la qual los Reyes reynan que fuessemos Eligidos Rey de Romanos futuro Emperador y que de Rey Catholico de Espanna con que eramos bien contentos fuessemos promovido al Imperio convino que nuestros Titulos se ordenassen dando a cada uno su devido lugar Fue necessario conformando nos con razon segun la qual el Imperio precede a las otras dignidades seglares por ser la mas alta y sublime dignidad que Dios instituyò en la Iâ—…ierra de preferir la dignidad Imperial a la Real y de nombrarnos y intitularnos primero como Rey de Romanos y futuro Emperador que la dicha Reyna mi sennora lo qual hizimos mas apremiado de necessiâ—…d que de razon que por voluntad que dello tenemos porque con toda reverencia y acatamiento la honramos y desseamos honrar y acatar Pues que demas cumplir el mandamiento de Dios a que somos obligados por Ella tenemos y esperamos tener tan gran sucession de Reynos y senorios como tenemos Y porque de la dicha prelacion no se pueda Seguir ni causar perjuizio ni confusion adelante a los nuestros Reynos de Espanna ni a los Reyes nuestros Successores ni a los naturales sus subditos que por tiempo fueren Por ende queremos que sepan todos los que agora son ò seran de aqui adelante que nuestra intencion y voluntad es que la libertad y exempcion que los dichos Reynos de Espanna y Reyes dellos han tenido y tienen de que han gozado y gozan de no reconocer Superior les sea agora y de aqui adelante observada y guardada inviolablemente y que gozen de aquel estado c. Yo el Rey. Thus rendred into English Don Carlos by the grace of God King of the Romans and future Emperour always August King of Castile and Leon c. together with the most high and most mighty Dame Ioan my Lady Mother Wheras since it pleasd the Divine Clemency by which Kings raign that we were elected King of the Romans future Emperour and from a Catholik King of Spain wherwith we were well contented we were promoted to the Empire it was convenient that our Titles shold be orderd giving evry one his due place It was necessary conforming our selfs to Reason wherby the Empire precedes to other secular Dignities it being the highest and most sublime Dignity which God hath instituted on earth to prefer the Imperial Dignity before the Kingly and to name and intitle our selfs as Kings of the Romans and future Emperour before the said Queen my Lady which we did being pressd more by necessity then by any willingness we have therunto because we honor and respect and desire to honor and respect Her with all reverence and duty in regard that besides the accomplishing of Gods Commandment wherunto we are obligd we hold by Her and hope to hold so great a succession to Kingdomes and Dominions which we hold And because no prejudice or confusion may ensue to our said Kingdoms of Spain nor to the Kings our â—…uccessors nor to the Native Subjects that shall be for the time Therfore our desire is That all those who now are and shall be herafter may know That our intention and will that the Liberty and exemption which the said Kingdoms of Spain and their Kings have held and do hold that they have enjoyd or do enjoy Not to acknowledge a Superior be observd unto Them now and herafter and be inviolably kept And that they enjoy the same liberty and ingenuity which at the time of our promotion and before they had and enjoyd c. And our will is that this Declaration have the force and vigor of a Pragmatical Sanction c. Given in the City of Barcelona 5. 7bris 1519. I the King This Royal Manifesto or Pragmatical Sanction you see doth assert the absolut and independent Authority of the Kings of Spain and that they do not only renounce all subordinations but are free from the least acknowledgment to any Forren Power insomuch that it is enacted by the Laws of Spain that to avoid the least suspition of any obedience to the Empire the Civil Roman Law is not to be kept or alledgd as Law Nor indeed for driving out the Saracens and other Infidels was Spain ever obligd to the Empire or any other Extrinsik Power but she did it by the effusion of her own blood by the strength and valour of her own Natives Moreover the Kings of Spain are so far from any recognition of subjection to the Empire or any outward power that they themselfs in former Ages have bin frequently called Emperours in publik Instruments as Decretals Acts of Councils and Apostolical Epistles from Rome Now if they did merit to be calld Emperours then how much more is that Title adaequat to the Kings of Spain in these latter times wherin they are grown to be Lords of above half of the whole Terrestrial Globe Nor is the King of Spain thus exempt from all Forren extraneous Authority but in point of intrinsecal and domestik Power he is as absolut as any other for it hath not bin found this hundred yeers that his Subjects did refuse the payment of any Impositions which have bin many in regard he wars with all the world who repine at his Greatness Yet is he still Reâ—… Hominum a King of Men viz. of Free Subjects and not a King of Asinigos as his