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
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.
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
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
Husband Maids and Unmarried Women took up some their Brothers some their Kinred and so all marchd out so Caesar pardond all I will conclude with a late example of Madame Sardaus who went so often privatly twixt Bruxels and the Hague until the peace was concluded twixt Spain and Holland after fourscore yeers Wars by Sea and Land Therfore she was calld La Maquarelle de la Paix which was no disgrace to her The seventh Paragraph Touching the Office Function and Duty of an Ambassador in the execution of his Place and acquitting himself of the great Fiduciary Trust reposd in Him c. THe Civilians who are best versd in the Laws of Embassies say Legatio est mysteriosum quid that it is a mysterious thing It is full of secrecie and darkness as it is of Faith and Trust. The Lord high Chancellor of England who is Keeper of the Kings Conscience as well as of the Great Seal hath a great trust reposd in him for to mitigat the rigor of the Laws by way of Equity The Lord Chief Justice of the Kings Bench he of the Common Pleas and the Lord Chief Baron of the Exchequer have great trusts reposd in them but all these deal twixt Subject and Subject and sometimes twixt King and Subject But Ambassadors have a higher trust for they deal twixt Kings and Kings twixt Countries and Countries therfore as the burden is heavier so the honor is the greater ther is no secrecie belongs to the other Offices but reservedness and secrecie is the soul of Embassy which made one say If his Cap knew his privat Instructions he wold hurle it into the fire and burn it And as ther is honor in this high employment so ther is much honor attends it which made one say That that Ambassador who loseth one hair of his Masters honor forfeits his head at his return One of the principal Duties of an Ambassador is to stick close to his Instructions and the Mandats of his Master and therin an Ambassador Lidger doth not run so much hazard as an Extraordinary who hath many things commonly left to discretion by way of implicit trust Besoldus defines the Office of an Ambassador thus Ut Mandatum fideliter cum dexteritate exequatur acceptum responsum diligentissime notatum referat Mittenti That with faithfulness and dexterity he execut the Command and report to him who sent him the Answer most diligently noted Ther is a shorter definition Officium Legati est ut Mandata Legationis diligenter conficiat ex Fâ—…de That he perform carefully the Command of the Embassy and with Faith He derives all his Power from his Instructions for without them ther is no Mission or Embassy Ther is an Example of the Athenians that having employd Ambassadors with divers Iustructions wherof one was that they shold take such a way as they went they going another way though they had performd all the rest of the Instructions yet they were put to death at their return for infringing this one Ther are divers instances how Ambassadors exceeding their Commissions and falling into follies have bin punishd upon the place Hector Boetius relates that Olaus and Evetus killd the Scots Ambassadors Teaca Queen of Sclavonia killd a Roman Ambassador as Polybius mentions The Athenians causd Darius Ambassadors to be thrown into a Well Dandolo the Venetian Ambassador had his eyes pluckd out by the King of Sicily But let us descend to latter Ages Francis the first of France sent Fregosa and Rinion Ambassadors to the Turk Charles 5. soldiers discoverd surprizd and flew them in Italy The fact was justified by the Emperour because they were both his subjects the one being a Milanois the other of Genoa and servd his Enemy for ther were Wars then twixt Charles and Francis Edward the second of England employd a French Gentleman Ambassador to France who had bin executed for a Traytor for serving the Enemy had not the Queen interceded Anno 1302. the Pope sent an Ambassador to France where he practisd some Treson and being arraigned convicted and condemned to die the Popes Frends procurd that he shold be banishd only The Venetian drew out of the French Ambassadors House some who bad discoverd their secrets to the Turk where resistance being made Cannons were sent for from the Arsenal and so they were taken out by force and the French King not offended The Ambassadors in these latter examples by their own indiscretion and misdemenures drew these violences upon themselfs We will concude this point with a latter example in England 1624. at which time ther were two Spanish Ambassadors residing in London who were the Marquiss of Inojosa and Don Carlos Coloma and the Prince of Wales being newly returnd from Madrid Re infectâ without the Infanta matters began to gather ill bloud twixt England and Spain in regard that the Treties both of Match and Palatinat were dissolvd by Act of Parlement which was done by means of the Duke of Buckingham The said Ambassadors finding that they contrivd a way how to supplant and destroy the Duke Herupon falling into consideration that King Iames was grown old and that the least thing might make impressions of distrust and jealousies in him therfore in a privat audience they did intimat unto him that ther was a very dangerous designe against his Royal Authority traced by the Duke of Buckingham and his Complices which was that at the beginning of that Parlement the said Duke with certain Lords and others consulted of the argument means which were to be taken for the breaking and dissolving of the Treties both of the Spanish Match and for the restitution of the Palatinat and if his Majesty wold not conform therunto their consultations passd so far that he shold have a house of plesure where he might retire himself to his sports in regard that the Prince had now yeers sufficient and parts answerable for the Government of the Kingdome The King for the present dismissd them with thanks But the next day he made earnest instances that as they had discoverd a Conspiracie they wold also detect the Conspirators this being the only means wherby their own honor might be preservd in proving the truth of things To this they replyed That they had reveald enough already in order to the care and zeal they had to his Royal Person and Dignity Therupon the King commanded that the Duke of Buckingham shold be put to his Oath with others who were most suspectful which they all took for cleering their integrity This being done the King returnd to make new instances to the said Ambassadors that they wold not prefer the discovery of the names of the Conspirators to the security of his Person as also to the truth and honor of themselfs and to the hazard of an opinion to be held the Authors and Betrayers of a Plot of so much malice sedition and danger but they wold discover no more Yet a few days
employd that he be well versd in the Speech therof for it is a sad thing when one is sent Ambassador to see fashions and learn the Language of a Country Lastly ther 's nothing more concerns the Office and Duty of an Ambassador as it was touchd before then to be true to his Instructions Brunus tells us that Qui extra Mandatum agit aliud agit Who acts beyond his Commission acts another thing Yet it cannot be denied but many things in point of circumstance are left to the discretion of a Plenipotentiary Ambassador therfore as I take it ther was by the twelve Tables in Rome a latitude of power left to Legats Quae bonum Patriae eminenter tangunt etiamsi non Mandentur agunto What eminently concerns the publik good though not commanded let them be done The eighth Paragraph Touching the Laws of England relating to Ambassadors in point of Reception Audience Treatments and Rewards as also what prudence hath bin usd for composing of Contestations betwixt them in point of Precedence c. HAving spoken hitherto generally of the concernments of Ambassadors and the privileges of Legation We will now make some inspections in particular into the Constitutions and Common Laws of England which may be calld Civil and very complying in this point The Law of England as the great Father of it my Lord Coke says That Honor Legati honor mittentis est The honor of an Ambassador is the honor of him who sent him That Legati aut Proregis dedecus redundat in Regem The affront offerd an Ambassador redounds to his King By the Common Law of England t is High Treson to kill an Ambassador as among others ther are Examples in the persons of Iohn Kerby and Iohn Algore the one a London-Mercer the other a Grocer who were both arraignd convicted and condemned for killing Iohn Imperial who was Ambassador from Genoa for a Patent he had got of the King for the sole importing of all Commodities from the Levant parts I. Hill was also condemned of High Treson for killing of A. de Walton who was Ambassador c. Then the high civilities that were shewd by King Iames to the Marquiss of Inojosa and Don Carlos Coloma the Spanish Ambassadors notwithstanding their high misdemenures for calumniating the last Duke of Buckingham and through him the Prince of Wales his sole Son and Heir apparent to the Crown as it is mentiond in the next preceding Paragraph And as the Law of England is so respectful of Ambassadors so for her own she useth to furnish them with as political Commissions and Instructions and as exactly couchd as any other Kings Ambassadors whatsoever I will produce only two Examples the one ancient the other modern the first is of Ambassadors sent to the Council of Basile which runs thus Ad Concilium Basiliense sub Eugenio Papa destinati sunt per Regem Ambasciatores Oratores Episcopus Robertus London Philippus Exoniensis Iohannes Roffensiis Iohannes Bajocens Edwardus Comes Moriton Abbas Glastoneensis B. M. Eboracensis Prior Norwici Henricus Bromflet miles Dominus Vesciae Thomas Browne Legum Doctor Decanus Sarum Iohannes Coleville Miles alii Dante 's damus iis Ipsorum majori parti potestatem Mandatum tam generale quà m speciale nomine nostro pro nobis in eodem Concilio interessendi tractandi communicandi concludendi tam de iis quae Reformationem Ecclesiae Universalis tam in Capite in Membris quà m in iis quae Fidei Orthodoxae fulcimentum Regumque ac Principum Pacificationem concernere poterint Nec non de super Pace perpetua guerrarumque abstinentia inter Nos Carolum adversarium nostrum de Francia ac etiam tractandi communicandi appunctandi consentiendi insuper si opus fuerit aissentiendi iis quae juxta deliberationem dicti Concilii initi statui ordinari contigerit Promittentes promittimus bona fide nos ratum gratum firmum perpetuò habiturum totum quicquid per dictos Ambasciatores Oratores Procuratores nostros aut Majorum partem Eorundem actum factum ceu gestum fuerit in praemissis singulis praemissorum Et Hoc idem cùm de super iis certiorati fuerimus ad Nos Christianum Principem attinet executioni debitae curabimus demandaâ—…i In cujus rei testimonium has Literas nostras fiâ—…ri fecimus Patentes Datum sub sigillo nostro Magno in Palatio nostro West monasteriensi x die Julii c. We delegat to the Council of Basil under Pope Eugenius for Ambassadors and Orators Bishop Robert of London Philip of Exceter c. Giving and do herby give them and the major part of them power and command as well general as special in our name and for us to be present to treat communicat and conclude things as well concerning the Reformation of the universal Church as the Pacification of Kings and Princes and likewise of and concerning a perpetual peace and abstinence from VVar betwixt Us and Charles of France our Adversary and also to treat communicat appoint and to consent besides and if need be to dissent from such things that shall happen to be appointed and ordained according to the deliberation of the said Council Promising and we do promise in good Faith to hold for ratified acceptable and firm to perpetuity whatsoever shall be acted or done by our said Ambassadors Orators or Proctors or the greatest part of them in relation to the Premises and any part therof whensoever we shall be certified and as becomes a Christian Prince we shall have a care that all be put in due execution In testimony wherof we have causd these our Letters to be Patents Given under our Great Seal in our Palace at Westminster x Iulii c. Ther repaird to this Council also Henry Beaufort Son of Iohn of Gaunt Bishop of Winchester and Cardinal of St. Eusebius having had license to transport 20000 l. in Gold and Silver which was a mighty sum in those daies which money as the story hath it though mute yet they were moving Ambassadors The second example shall be of Robert Sydney now Earl of Leicester in an extraordinary Embassy to the King of Denmark and other Princes of Germany whose Instructions were these following CHARLES R. Instructions for our right trusty and right well-beloved Cosen Robert Earl of Leicester Vicount Lisle and Baron of Sulney our Ambassador to our dear Uncle Christian 4. King of Denmark c. VVe have preferrd you before others to this honorable Employment because we have observd your constant application to vertuous and noble courses and wold have it known to all that we esteem Titles not of those that bury them in obscurity and Vice but of such that improve their worth for publik service in VVar or Peace wherby tru Nobility raiseth it self above the common sort VVe send you to a great King whom we love and honor not only for his
then the Son Count Gondamar being invited another time to Dine with the Reader at Grayes Inne at which time the Palsgrave was newly come to Prague among other Healths ther was one begun to the King of Bohemia He pledgd it very merrily and thankd the Reader with the rest of the Company for it was the first time that ever he pledgd the Emperours Health in England Having another time dispatchd an Express to Spain and the weather having continued dark and clowdy in London for many days the Post having receavd the Packet and taken his leave Count Gondamar commanded and told him I forgot one thing I prethee when thou art come to Spain commend me to the Sun for I have not seen him here a great while and I am sure thou wilt meet with him there King Iames having granted leave to Count Gondamar to raise Volonteers to Flanders for the service of the King of Spain under my Lord Vaux and soldiers coming but slowly to the sound of the Drum Gondamar coming a little afterwards to Court the King askd him what number of soldiers he had levied He answerd Truly Sir I can have but few soldiers but thousands that wold be Captains though they were but common soldiers before I will conclude with Count Gondamar in this very witty passage when he was to take his leave of England in his last Embassy the King sent to my Lord Mayor of London to invite him to Dinner which he did with much solemnity having bid the chiefest Lords of the Court to bear him company At first the Lord Mayor after other Complements told him My Lord Ambassador your Excellency me thinks begins to grow very gray Yes Sir said he but my Lord Mayor we have a Proverb in Spain Canos y Cuernos no Uienen Porannos Gray Hairs and Horns come not by yeers Being sate at Table the Lord Mayor began divers Healths at last Gondamar calls for a good Glass-full of Canary and said You are the greatest Magistrat in the world for you give place to none but to your own King as I hear and you live also as plentifully But now that you have made so much of me that having pledgd so many Healths you put me in a Jovial humor I crave leave of these Noble Lords and you to begin a Health or two and the first shall be to the King of Spains Mistress so the Health was drunk round Then he took another Glass of Canary and began a Health to the King of Spains Wife which also passd round among the Lords and Aldermen Then standing up He thankd them all with many Complements and said I will now discover who these two Ladies are The King of Spains Mistress is the East-Indies and his Wife the West-Indies Ther 's none so fond of a Mistress but that if a Frend hath a favor of her he will connive at it as you my Lord Mayor and these worthy Aldermen whom I have in my eye use to have of the East-Indies But my Masters Wife is the West-Indies which he desires to have soly to himself according to the Law of Nations Therfore I pray you my Lord Mayor and these Noble Aldermen do not offer to meddle with the King my Masters Wife We will now proceed to a few others An Ambassador Extraordinary being sent by an Italian Prince to the Emperour that he wold confer the Title of Serenity upon his Master as he had done lately upon divers other Princes But being to depart Re infectâ and taking his leave of the Emperour that morning and the weather being foul and very tempestuous he askd what was the reason he wold begin his Journey upon such stormy weather He answerd Ilne faut pas craindre la Tempeste puis que votre Majesté à remply le monde de tant de Serenité One ought not to fear Tempests since your Majesty hath filld the world with such Serenity Don Pedro Andrea being sent Ambassador to a Prince whom he had offended so far that he threatned to have his head cut off He answerd Sir my dead head will do you more mischief then now that t is living Francisco Marco being sent from Genoa to Galeazzo Duke of Milan but being delayed audience and St. Iohn Baptists day being come who was Protector of Milan he presented the Duke with a Golden Vessel full of Basilique Being askd the reason he sent word that the Genouois have the property of the Herb Basilique which if one handle gently it will yeeld a sweet smell but if it be rubbd and trod upon it it will engender Serpents And this witty passage conducd much towards the ending of the differences which were then a foot The Samnits being pressd hard by the Romans they sent Ambassadors to capitulat who said Noble Romans you are grown too strong for us therfore if you propose moderat terms we will observe them eternally if otherwise we will observe them no longer then till we have opportunity to break them That Ambassador wanted no wit who being in a Pagan Country and standing in the way where the great Idol whom all were to worship which passd by he let fall his Ring and as he bowd to take it up t was thought he adord the Idol The Ambassadors of Portugal and Poland being at Sigismund the Emperours Court and ther being always competition between them for Precedence of Session they met casually at a place where the Portugais having come before he was got into the upper Chair The Pole rising up and making a step forward in a posture as if he wold speak with him and the Portugais coming towards him he whippd behind him into the upper Chair and so kept it We will conclude this Paragraph with the two Ambassadors of Perugia sent to Rome wherof the one was witty but the other not so wise Being admitted to the Pope who was then very sick a bed one of made them a long tedious Speech wherof the Pope had shewn signes of distast Therupon the second said Most Holy Father our Commission implies that if your Beatitude will not suddenly dispatch us with satisfaction my Collegue shold recommence his Speech and pronounce it again more lesurely The Pope was so taken with this that he gave order they shold be presently dispatchd The tenth and last Paragraph Of the extraordinary Prudence and Reservedness the Stoutness and Gallantry of divers English Ambassadors c. WE will begin with that Grandee of his time Cardinal Wolsey who went over to France upon an Extraordinary Embassy and he had to attend him though not in joynt commission Cutbert Tunstal Bishop of London the Lord Sands late Chamberlain to the King the Earl of Derby Sir Thomas Moore Sir Henry Guilford with other Knights and Gentlemen of great rank to the number of a thousand two hundred horse for after a short transfretation from Dover he had so many in his train when he went out of Calice The French King Francis 1. in
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
Connatural with this Iland it self were by a special instinct much devoted to the contemplation of heavenly things For the ancient Druydes that were the first Divines or Professors of Religion who in lieu of Monasteries or Colleges were used to retire themselfs to Woods and solitary places to speculat the Works of God and Nature were renowned far and near beyond the Seas and the Emperour Iulius Caesar writes that the Gaules now French were wont to come over to be instructed by the British Druydes who as he saith elsewhere and is seconded by Cornelius Tacitus which spent part of his life here had more pregnant capacities then the Gaules Now in those times ther were divers Martial Kings here whereas they scarce make mention of any in Gallia To avoid prolixity we will instance onely in Boadicia that admired Virago and Cataractus who having maintain'd for many years this Kingdom from the Romanes more by the Bodies of Men and pure Natural Valour then by Arms was at last carried Prisoner to Rome where being not a whit daunted he reproach'd the Romanes yet with a kind of complement That he wondred how they having such stately Palaces at Rome wold take such long hazardous Journeys to dwell in homely Houses of Clay as those of Britain were in those days Before the Romans raigned here there had been very many Kings of this Iland for Cassibelan whom Caesar speaks of was the sixty third British King thereof when it pleased the Father of Light to display the early Beams of Christianity in this Iland which was very betimes for as Gregory the 15th says in his Letter to his late Majesty at that time in Spain which he was to receive in common civility as the Pope is also a Temporal Prince No sooner did the Roman Eagle fly over hither but the Standard of the Cross was inarborated and set up I say that then which may be said to be in the nonage of the Church Lucius Surius call'd in British Llei vab Coel Lucius the Son of Coel who was King before him sent to Eleutherius for his Laws to govern the Church by who returned him this answer Vicarius Dei estis in Regno vestro Gentes vestri Regni pulli vestri sunt c. Habetis penes vos legem Fidem Christi Habetis utramque paginam c. You are Gods Vicar in your Kingdome your Peeple are your Chickins you have the Law and Faith of Christ you have both the Testaments c. This King Lucius afterwards having frequent symptomes and fits of extraordinary Devotion forsook all earthly Pomp and Plesure and went on Pilgrimage to Rome where he employed the remnant of his life in the Theory of holy things and to study the Art of Mortification as Venerable Bede and Baronius with all Authors both Old and New do affirm Now this was a long tract of time before ther was any Christian King in France or Spain or indeed any where else 'T is true that St. Iames the Apostle was in Spain but as the Story says there were but nine persons that were converted but in Great Britain it may be said that as the Sun when he begins to appear and culminat in the East doth as it were in a moment enlighten the whole Hemisphere so the Rays of the Son of Righteousnes did with marvellous celerity and success leaping over as it were many other Countries illuminat this Western Iland first insomuch that when Austin whom many call The Apostle of the Saxons or English arrived here some Ages after ther were then in Bangor and elsewhere above 2000 Monks He found the Pentateuch of Moses the New Testament translated into British as also a Form of Divine Service which stand yet upon record The huge Continent of Germany with Norway and Denmark with divers other Countries acknowledg to have receiv'd the first light of Learning and of the Gospel from hence by Winfrid and Willebrod as an ingenious German-Poet confesseth in these Numbers Haec tamen Arctois laus est aeterna Britannis Quòd post Pannonicis vastatum incursibus Orbem Illa bonas Artes Graiae munera Linguae Stellarumque vias magni sydera Coeli Observans iterum turbatis intulit oris Quin se Religio multùm debere Britannis Servata latè circum dispersa fatetur Quis nomen Winfride tuum quis munera nescit Te Duce Germanis pietas se vera Fidesque Insinuans coepit ritus abolere prophanos Quid non Alcuino facunda Lutetia debet c. And as it is the consentient Opinion of all Antiquaries That the first Christian King who ever raign'd in Europe was of this I le so the first Christian Emperour Constantin the Great came from her Bowels being Son to Helena that renowned British Lady who bears one of the first places in the Catalogue of Saints and is called Elen luyddiog the Warlike Helen in Welcâ—… to this day These Premises being well weigh'd this Conclusion may be deduc'd That the King of Great Britain may well claim de Iure the title of The first Son of the Church Therefore under favor it may be justly question'd why the next King Eastward shold assume it for Clouis the first Christian King in France was neer upon 400 years after King Lucius as all Historians do assert Moreover t is well known that besides the title of Defendor of the Faith whereof we will speak hereafter the title of Christianissimus was sent to Hen. 8. with much solemnity by Pope Iulius the second accompanied with a Cap of Maintenance and a Sword which title was confirmed by Authority of the Lateran Council which great transaction was solemnly publish'd in the Cathedral Church of St. Paul and seconded with Justs and Tournements yet this was but the renewing of an old Title for among the Saxon Kings some were call'd so and ther are Records yet extant that King Oswald and Edward the third were stil'd so We will conclude this Paragraph with this Observation That Great Britain was the first Country in Europe who shook off the Roman Yoak and rais'd some of the former old British Blood to be Kings again for many Descents insomuch that the Romans here made but an Interregnum And this was before any absolut King was elsewhere in Europe upon the declinings of the Empire specially in France and Spain who continued but Roman Provinces many years after We will now to the second Paragraph Of the Independent Absolut and Unhomageable Possessions and Authority both Ecclesiastical and Temporal of the King of Great Britain FRom the precedent Paragraph it appears That Albion or Great Britain was a Royal I le from the beginning since there was any coalition or aggregations of mankind within her to govern For in the body of the British Laws made by Mulmutius Dunwallo which are yet to be read in fair British-Manuscripts ther are these words Un Goron arbennig y sydd y ynis Bridian One Monarchical Crown is held
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
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
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-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
prolifical when they are past fifty years And for the Men it wold be Registred for a Miracle in Spain or France to finde ten men of a thousand years one with another as were found in Hereford about 60 years since within two miles compass of the town who were so vigorous strong and spriteful that they danced the Morice-dance in the Market-place for many hours with a Maid-Mariam of a hundred and three and a Tabourer of a hundred and five years old From the Fertility and Generousness of the Earth may proceed also the extraordinary Courage and Hardiness of the Peeple which hath been so well known and felt in other Countries beyond the Seas as the Examples in the former Paragraph do prove at so many signal and difficult famous Battails where the English Army was never half so numerous in any they got no not somtimes the third or fourth part in number to the Enemy and such an esteem they had in France that as their own stories relate when the Duke of Britany or Armorica was to encounter the French Army in a Battail he thought it a Policy to clothe a whole Brigade of his Soldiers after the English mode to make them appeer the more formidable to the French Nor doth that Primitive innate Courage languish a whit or decline in them as some think the World doth as we find it hath done in other Nations as the Iew and Greek with others but it continueth still at the same height as it appeerd in the year Eighty eight by Sea as was said before and in several Exploits in the Low-Country Wars as Newport the Retreat before Gaunt c. by Land Likewise by fresher Examples in the late Civil Wars twixt King and Parlement and since wherin the Power Strength and Wealth of England was never more discovered For the late usurper having such a Command over the Peeples purse and never wanting money made Spain and France strive who shold be his Confederat as also the Hollander the Swed and others I say in those times the ancient stoutness of the English appeerd in many Traverses of War as at Dunbar in Scotland and by Sea against the Hollander who were beaten and batterd into a Peace What a hazardous peece of service was performed when we invaded Barbary at Tunis but especially that desperat Exploit Blague did at the Canaries The French King confest that the Brigade of English before Dunkirk commanded by a little bold Britain though not the fifth part of the Army did contribut most to the late taking of that strong Praedatory Town And the King of Portugal acknowledgd that in this years great Defeat 1663. he gave Don Iohn of Austria neer Ebora that Brigade of English who servd there though not much considerable in number did perform the toughest part of the service and first shewd them the way of using the Rests of the Musquet to knock down the Enemy which made the French-men cry out Faisons comme les Anglois Let 's do as the English The Sixth Paragraph Touching the Ancient and Long-lind Extraction Decendency and Bloud-Royal of the Kings of Great Britain c. THe Races of Kings may be said to be like great Rivers that stream out into divers large Channels and Arms which become great Rivers of themselfs afterward Or like huge Trees which use to stretch their Branches beyond the Ocean where being inoculated and graffd they make divers other Royal Trees to sprout out of them in Forren Soyls Ther were divers Royal Ingraftings of this kind that Great Britain had with the chiefest Potentats and some of them Imperial The first was before the English took footing here between the Emperour Constantius and Helene a Britain born and Mother to Constantine the Great the first Christian Emperour for this Iland was held in such high esteem by the Roman Emperours when they had almost all the world besides that divers of them kept their Courts here among whom Severus and Constantius died at York which City may deservedly vaunt of two things viz. that two Roman Emperours were buried and a third born in her viz. Constantin the Great After the Saxons came this Iland also continued in such a repute that Ethelwolph Son to King Egbert Anno 830. married the Lady Iudith calld the Fair for her extraordinary Bewty and Daughter to the Emperour Charles le Chauue Granchilde to Charlemain The Emperour Otho the Great married the Sister of King Athelstan whose friendship was so much sought by all his Neighbouring Kings that they wooed for it by rich Presents which made the King of France send him the sword of Constantin the Great in the Hilt wherof ther was one of the Nails that fastned Christ to the Cross He sent him also the Spear of Charlemain The King of Norway sent him a curious Ship with a Gilt Stem Purple Sayls and the Deck garnishd all with Gold The Emperour Otho his brother-in-Brother-in-law sent him a Vessel of precious stones artificially made wherein were Landskips with Vines Corn and Reapers so much to the Life that they seemd to move and act c. Ther have been eight Nuptial Conjunctions twixt Great Britain and France besides the Scots alliance with that Country The first was about the yeer 900. twixt Charles the first of France and the Lady Ogine Daughter to Edward Son to King Alfred that admired Saxon King who is so famous in story for divers signal things for He cleerd the whole Kingdome of the Danes who had so much infested and harassd it He Founded the University of Oxford Anno 895. He was the first who divided England into Shires Hundreds and Weapontakes He divided the Natural Day also into three parts eight hours for Recreation and matters concerning his Health as sleep c. eight hours for Meditation and exercise of Piety and eight hours in Council and the publick Affairs of his Kingdome He Founded also Shaftsbury-Abby Winchester-Church and Eldinsey-Monastery The second Marriage with France was twixt Hen. 3. of England and the Lady Margaret Daughter to Lewis the seventh of France The third was between Edward the first that great Hero of his time and the Lady Margaret Daughter to Philip the Hardy of France The fourth twixt Edward the second and the Lady Isabel eldest Daughter to Philip le Bell King of France Mother to Edward the third of England who by right of her claimd and carried afterwards the Crown of France The fifth was twixt King Richard the second and the Lady Elizabeth Daughter to Charles the sixth of France but she was but his second Wife for his first was the Lady Anne Daughter to the Emperour Charles the Fourth The sixth was between Henry the fifth of England and the Lady Katharine another Daughter to Charles the sixth of France The seventh was twixt Lewis the twelfth of France and the Lady Mary second Daughter to King Henry the seventh of England The eighth and last Inoculation twixt the Rose and the Flower
de Luce was that of Charles the first of England with the Lady Henrietta Maria of Bourbon youngest Daughter to Henry the great of France In which Matches England hath had six Daughters of France and France two of England By the fourth Match twixt Ed. 2. and Isabel eldest Daughter to Philip le Bell Edward the third of England being her eldest son was Heir to the Crown of France and demanding his Right therunto he was answered La Couronne de France n'est pas lièe à la quenouille That the Crown of France was not tied to a Distaff wherunto he replyed That he would then tie it to his Sword and he was as good as his word But Henry the fifth some fourscore years after tied it faster for he reducd Charles the sixth to such terms that after his death he shold immediately possess the Crown and Kingdome of France and that in the interim the Dauphin his son afterwards Charles the seventh shold be disinherited That in the interim King Henry shold be Regent of France in regard the present King was sometimes crazd in his Intellectuals That he shold take to Wife the Lady Isabel Daughter to the said Charles All which Capitulations not onely the King but the chiefest Peers and Nobility of France did consent unto and ratifie by solemn Oath obliging themselfs further to uphold and assist Henry of England with his lawful Heirs and Successors against Charles the Dauphin whom his Father had legally disinherited Hereupon Henry the fifth dying in France a Death much too soon and immature for so brave a man his son Hen. 6. was proclaimd King of England and France in Paris In which publick Proclamation t is very observable how England had the precedence and therupon the chiefest of the Officers of the Crown and Nobles swore Fealty and Alleageance unto him divers of which Nobles grew afterwards Apostats and joynd with the Dauphin Against Edward the thirds Right the Salique Law was alledgd which they wold force and pin upon a Text of Scripture Lilia neque nent c. The Lilies neither spin c. But though King Edward had cut the Labels of that Law with a victorious sword yet it was not quite cancelld Nor indeed could it be possibly done for it was but a kind of Chymera a meer imaginary Law and one of the Authentiqust French Historians Du Haillan hath no better opinion of it They who are the greatest Champions of that Law acknowledg that it was at first a particular Topical Law made at Salem a place upon the Rhine but they have stretchd it since to all France As if the Law of Gavelkind which is peculiar to Kent and other distinct places shold be made to extend it self and be in force all England over But some ther are that will not allow any Essence at all to the Salique Law no not to be a Local restraining Law to the foresaid place neer the Rhine Therfore the same answer may be fit to be given un to the Assertors of It as was given by the Venetians to the Pope when ther happening a clash between them touching the Sea about Ancona which they alledgd belongd to the Venetian Gulf wherof they had the Dominion And the Pope demanding what warrant they had for it t was answered by a kinde of Sarcasine If your Holines please to produce the Instrument wherby the Emperour Constantine the Great passd over the City of Rome to your predecessors upon the back of that Grant your Holines will find Saint Marks Charter to the Souverainty of the Adriatique Gulph whence an Intimation was made that neither of the Charters had ever any being which may be justly applied to the Salique Law And besides that du Haillan though a French-man in the first Volume of his History confutes that Law It is confirmd also that ther never was any such Law in France by the testimony of the Duke of Burgundy who when Philippe le long was created King he openly cryed out against his Creation alledging that the Kingdom of France belonged then to Iane daughter unto Hutin King of France formerly but to stop his mouth Philip was forcd to make a Gift unto him of the Dukedom of Burgundy in dower with his eldest daughter But touching the Title of Henry the Fifth which was confirmed by Solemne Agreement and Sacramental Oaths the French found out another Evasion For it was avouchd That the Kingdom of France goeth not by Descent or Inheritance but by Succession which is grounded not upon a Law but upon Custom by vertu wherof the next of the Bloud Royal be He of the furthest degree that may be to the kindred succeedeth not as lawful Heir but as a Successor by Custom not newly invented but of long continuance even from the time of Pharamond But this new-devised Objection is refuted also by the foresaid Du Haillan one of the prime French Historiographers and a French-man born who reckons up a long Catalog of French Kings which did not succeed one another but were chosen one after another Another Objection was also suggested that Charles the sixth who made the foresaid Contract with Henry of England was no better then a Lunatique though he had somtimes Lucida Intervalla Wherunto it is answerd that at the time when that Agreement passd He had a lucid interval and was in his right wits and memory Besides the chiefest Nobility of the Realm were parties in ir and did not only consent but obligd themselfs by Oath to the performance of it Ther was a third Objection which kept a higher noise viz. That the King of France cannot alienate the Demeanes Rights Titles and Interests of the Crown without the consent and suffrage of the Assembly of Three Estates which was not had then because a great part of the Peers Nobles and others were then absent Whereunto t is answerd That in claims which go by plurality of voices it is not always necessary that all shold be present if the greater and better part of them be there specially if after Citation the rest absent themselfs For although the point that concerneth All shold be approvd by All yet as Civilians hold when some or all may approve or disallow the things which concern Them and They will not be present to shew their consent or dislike their Absence shall not prejudice the stipulation of the Contract And in this great business twixt two Kings those who were away were Traytors to Charles the sixth for they were in arms against him by taking part with the Dauphin who was in Rebellion against his Father at that time Therfore their absence could not in any respect prejudice the validity of so solemn a Contract wherupon depended Peace or War The fourth Objection carried more of pusillanimity with it then strength of proof viz. That when the foresaid Contract was made the English had almost over-run all France and that the King was coopd up in a corner of the country Therfore
a Dialect of the Bascuence and Gascon That of Britany or Armorica is but a dialect of the ancient British continued so wonderfully in Wales after so many revolutions and changes of diffring Nations to this day Indeed the King of Spain hath an old Maternal Toung under his Dominions which is the Cantabrian or Bascuence all the rest are but several Idiomes or Dialects derived from the Latin and inlayd with a multitude of Morisco words The Castilian the Portugues the Catalan the Valenciano are Dialects of the Latin But the King of Great Britain hath two pure ancient Mother-Toungs within his Dominions which is the British or old Comraecan Toung And the Irish or Hibernian Toung which are subsistent of themselfs and have no derivation or affinity at all with any other Toung Ther are six Dialects also spoken in his Kingdomes The English which is a dialect of the Saxon or high Dutch Ther is the Scotish which is a sub-dialect of the English Ther is the Mankmen or they of the I le of Man which is also a sub-dialect of the Welsh Ther is the Highlander or Redshank which is a dialect of the British and Irish Ther is the Cornish which is a dialect of the Welsh And the Language of Iersey and Gernsey the only remains that are left us of Normandy which is a dialect of the French Now It cannot be soberly denied but that it is an addition of Honour to the King of Great Britain to have more Mother-Toungs reservd yet in his Dominions and as it were unconquerd then his two Neighbour-Kings Touching variety of Palaces and change of Royal Mansions he may compare if not out-go any of the other Kings For within half a days journey of London he hath eight several Houses and divers elswhere wheras the French King hath but the Louvre Fountainbleau Bois de Vincennes St. Germain de Laye and Madrid a small ruinous pile of stones which Francis the first causd to be erected in commemoration of his captivity so many yeers in Madrid in Spain in a small Brick House wherinto ther was a low little dore built by the command of the Emperour Charles the fifth of purpose to make the King stoop when he entred which he observing because he should not bow his head went in backward putting in his bum first The King of Spain hath but his Palace and La Casa de buen retiro in Madrid he hath Aranjuez with the Pardo between Madrid and the Escurial where he hath a Royal House yet it is but a Cantle of a Monastery t is but the handle of a Gridiron which that great structure resembles in memory of the Martyr St Laurence Philip the second having bin forced for the advantage of avenues to batter down a Convent dedicated to that Saint a little before the battail of St Quinten where he provd Victorious against the French and to perform a Vow he then made he built the Monastery of Saint Laurence at the Escurial Now touching all the foresaid Palaces in France and Spain Winsore-Castle may compare with any for Magnitude Majesty and State As Sir Thomas Roe who had bin Ambassador at the great Mogors Court at the Seraglio of the Gran Senior at the German Emperours at the French Polonian Danish and Swedish Courts I say Sir Thomae Roe did confidently and knowingly affirm that Winsor-Castle may not only compare but have the precedence of all the rest in point of Grandeur Majesty Situation and Stateliness Moreover the King of Great Britain hath Lodges and other places of plesure without number In regard of so many Forests â—…haces and Parks that are annexd to the Crown Touching Forests ther is no Potentat on Earth hath so many I may truly avouch Now a Forest is a Franchise of so Princely a tenure that according to the Laws of England none but the King himself can have a Forest if he chance to pass one over to a subject t is no more Forest but a Frank Chase. A Forest hath peculiar Laws of her own to take cognizance of and punish all Trespasses A Forest hath her Court of Attachments or Swainmote-Court where matters are as legally pleadable as at Westminster-Hall The Hart the Hind the Hare the Bore and the Wolf are Forest-beasts The Buck the Doe the Fox the Matron the Roe belong to a Chace and Park And all these kind of Recreations the King of Great Britain hath in so many Forests wherof ther are in England besides thirteen Chaces and seven hundred eighty one Parks these whose names follow alphabetically Forests name County 1. Applegarth Ebor. N. Rid. 2. Arundel Sussex 3. Ashdown Susses 4. Bear-Forest Hamp 5. Birnwood Buck. 6. Blackmore Wilt. 7. Blethvay Radnor 8. Bowland Lanc. 9. Braden Wilt. 10. Buckholt Hamp 11. Cantselly  12. Cardith Caermar 13. Chur. Hamp 14. Charnwood Leicester 15. Chul Wilt. 16. Coidrath Pembr 17. Copland Cumb. 18. Dallington Suff. 19. Dartmore Devon 20. Delamere Chesh. 21. Dene Gloc. 22. Dereford Salop. 23. Waterdown Suss. 24. Exmere Devon 25. Feckenham Wigorn. 26. The Forest. Cardig 27. Fromselwood Somers 28. Gaiternack Wilt. 29. Gautry Ebor. 30. Gillingham Dors. 31. Hatfield Essex 32. Harwood Salop. 33. Haye Heref. 34. Holt. Dors. 35. Huckstow  36. Inglewood Cumb. 37. Knaresburg Ebor. 38. Kings wood Gloc. 39. Knuckles Radnor 40. Leicester Leicest 41. St. Leonards Suss. 42. Lounsdale  43. Lowes Northumb. 44. Lune Ebor. 45. Leyfield Rutl. 46. Mallerstang Westm. 47. Mocktry Salop. 48. Narborth Pemb. 49. Neroch Som. 50. New Forest. Hamp 51. New Forest. Ebor. 52. Peak Derb. 53. Pewsham Wilt. 54. Pickring Ebor. 55. Radnor Radnor 56. Roscob Card. 57. Rockingham Northam 58. Sapler  59. Savernack Wilt. 60. Sherwood Notingh 61. Selwood Som. 62. Saucy North. 63. Wabridg Hunt 64. Waltham Essex 65. West Forest. Hamp 66. Westward Cumb. 67. Whichwood Oxf. 68. Winfield Westm. 69. Whitehart  70. Whittlewood Northam 71. Whitway  72. Wyersdale Lanc. 73. Winsore Bark 74. Wolmer  75. Wood. Ebor. 76. Worth Suss. 77. Wutmer Hamp This is the old number of Forests in England wherof a few as Blackmore in Wiltshire with others are deforested which Forests cannot by the Laws be in any ones hands but the Kings and the reason is because none hath power to grant a Commission for Justice in Eire but the King which Iustice is to keep a Court evry three yeers once but the Swainmoot-Court evry one yeer thrice Forests were at first for the Kings Princely delight Venery and plesure meerd with unremoveable marks and boundaries And the old Law is Omnis homo abstinent a Venariis meis super poenam vitae It was capital to hunt in any of the Kings Forests without leave Now if one shold make the Perambulation of all France and Spain he will not find half the number of Forests in both Kingdoms And whether this be not a notable advantage to the King of Great Britain in point of Honour let any unpassionat and sober-minded man determine
among Christians but of any other Nation upon earth As also the first King who gave Royal Arms His Coat being Azure nine Crowns Or marshalld 3. 3. 2. and 1. Afterwards the Saxon Kings gave Arms And Edward the Confessors Coat was Azure a Cross patence between four Martelets Or. And as King Arthurs Round Table which is yet to be seen at Winchester had seats for twenty six Knights so it seems King Edward proportiond his number Now the occasion of it was That he having resolvd upon a War with France for attaining that Crown which was due unto him by his Mothers side He conceavd it advantageous to invite and engage to his party such as were of a Martial spirit And to that end erected a round Table at Windsore in imitation of King Arthur where they were entertaind with Tilts and Tournements magnificent Feasts and other Princely ways to unite and encourage them Philip de Valois who was in possession of the Crown of France went about to countermine him by erecting also the like Table in his Court and so drew many gallant and adventurous spirits that way and some out of England so that King Edward not finding this designe answerable to his mind he fell on another such as might prove more adherent and binding unto Him to which end he establishd this high Order of Chivalry consisting of twenty six persons of eminent note wherof He Himself and his Successors Kings of England were to be perpetual Souverains All of them were to be men of Heroick parts and such as shold be obligd by Oath and Honour to adhere unto Him upon all occasions which might be the probablest cause that he made the Garter for a Badg therof to be fastned about the left leg with a Buckle of Gold to be continually worn therfore are They stild Equites Periscelidis as was touchd before which hath its Etymologie from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Crura ambiens girding about the knee which alâ—…udes that those Knights shold be bound in one League and Confederation of love and affection severally one unto another and all of them in joynt service to the Souverain Some ther are who are of opinion that the Garter was given because that in a Battle where King Edward provd Victorious he had given the word Garter for a Signal Others in a derogatory way wold ground it upon the Countess of Salisburies Garter falling off from her in a dance and so taken up by the King But the Black Book in Winsore which deserves most faith in this point gives the first Reason for it Among other Laws that were enacted in the Chapter when this Order was first raysd one was That evry Knight by solemn Oath upon the Evangelists was sworn to defend the Honor and Quarrels the Rights and Lordship of the Souvrain c. Such a Sacramental Oath the Knights of the Bath also take which is To love their Sovrain above all earthly cretures and for his right and dignity to live and die c. Therfore I have often stood astonishd at the largeness of the consciences of some Knights of both these Orders who besides other astringing Oaths as those of Allegeance Supremacy c. could dispense with them All in the late Rebellion so far as not only not to adhere to their Sovrain Liege-Lord and King when his life was sought for by small and great Shots with other instruments of open hostility and slaughter but to appeer for to serve and stick unto the contrary party all the while Truly under favor I wold be-loth to exchange souls with them We will put a period to this Discours of the ancient Noble Order of St. George with a signal observation of Bodin's Decretum fuit in Collegio Equitum Periscelidis in Anglia ponere stemmata Regis Francorum ante caetera omnia post Principem Ordinis It was decreed in the College of the Knights of the Garter in England to put the Stems of the King of the French before all other except the Prince of the Order And the reason I conceive was that Philip the second whiles King of England was formerly put before But Bodin was herin deceavd for the Emperours Arms wherof ther have bin eight of the Order go before and have the precedence Out of the premises may be deducd this cleer Conclusion as a Meridian Truth that the Common Law of England in all things ayms at the Honour and glory the power and authority the Safeness and incolumity of the Sovrain Prince more then the Laws of any Country And wheras we had some touches before how the Common Law which is peculiar only to England hath the rationability of the Civil Law though not so digested to Method in regard it consists most of Custom Cases and presidents we will conclude this Paragraph with some principles wherin they both agree As Actori incumbit onus probandi The proof lies on the Accuser Nemo oportet esse sapientior legibus No man ought to think himself wiser then the Laws Ubi lex non distinguit ibi non est distinguendum We must not distinguish where the Law doth not Accessorium non ducit sed sequitur suum principale The Accessory doth not lead but follow the principal Volenti non fit injuria No wrong can be done to him who is willing Agentes Consentientes pari poena plectuntur Actor and consenter are to be punished alike Apices Iuris non sunt Iura The punctilios of the Law is no Law Nemo potest esse Iudex in propria causa No man can be Judge in his own cause Caveat Emptor Let the Buyer beware Contraria allegans non est audiendus Who alledgeth contraries is not to be heard Cujus est dare ejus est disponere The Giver may dispose of his gift as he pleaseth Quilibet in Arte sua est credendus Evry one is to be believed in his own Art Potestas derivativa non potest esse major primitiva A Commissioner cannot have greater power then He who gave him the Commission Dies Dominicus non est Iuridicus The Lords day is no day of Law Dormit aliquando Lex moritur nunquam The Law may sleep a while but never die Dilationes in Lege sunt odiosae Delays in Law are odious Facinus quot inquinat aequat All are principals in a crime Generale nihil certi implicat No certitude can be had out of generals Ignorantia non excusat Legem Ignorance of the Law doth not excuse the breach of it Lex non cogit ad impossibilia The Law doth not tie us to impossibilities Lex est summa Ratio The Law is the highest Reason Lex citius tolerat privatum damnum quà m publicum malum The Law tolerats a privat damage rather then a publick Mala Grammatica non vitiat Chartam False Latin doth not destroy a Deed Linea Recta semper praefertur transversali A right Descent is always preferrd before a Collateral in
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
Inscription Sanctissimis in Christo observandis Patribus Tridentini Conventus Which Letter the said Amyot having delivered to Cardinal Crescentius President of the Council and the Secretary having read the Inscription the Spanish Bishops cryed out That it was a wrong done to the Council to call it Conventum a Convention therfore protested against it Nevertheless after long dispute upon the signification of the word Conventus it was concluded that it might be taken in good part The Elector of Mentz to apologize for France stood up and said How shall we receave the Papers of the German Protestants which we call Concilium Malignantium if we reject the King of France's Letter for calling us Conventum Hitherto Charles the Emperour being also King of Spain ther was no Question of Precedence but at the third Indiction of the Council by Pius 4. Anno 1561. ther were divers clashes happend twixt the French Ambassadors and those of Philip which engendred great jelousies twixt the two Crowns and high Contests which happend principally from the imprudence of Pius 4. In his Bull of Indiction he used other terms then Paul 3. and Iulius 3. did for he names not the King of France as formerly but involves him under the general notions of other Christian Princes Therupon Philibert de la Bourdesiere Bishop of Angouleme Ambassador for the King in the Popes Court complaind of this omission in the Kings name yet with a protestation that notwithstanding this misprision and prejudice to his Crown he wold not hinder the continuance and progress of the Council whither he had commanded his Bishops to repair The Pope made answer that he had given order to some Cardinals to draw the Bull and it seems they had not been careful of this punctilio for having namd the Emperour they judgd it not so necessary to name all Kings but to comprize them under one general notion wherupon the French Ambassador replyed That it was one of the Prerogatives of his most Christian Majesty not to be involvd in generals but in express terms The Pope rejoynd That he could not foresee all things and for the future ther shold be a care had ther shold be no such omission In the yeer 1562. ther arrivd at Trent Lewis de Saint Gelais Lord of Lansac and three days after Arnaud Ferrier and Guy du Faur Pybrac Judge of Tholouse who were receavd very honorably by the Council nay a grâ—…at part of the Prelats subject to the King of Spain went out to meet them but Ferdinand de Avalos Marquiss of Pescara and Ambassador to King Philip departed from Trent three days before and retird to Milan wherof He was Governor under pretext that ther were some apprehensions of danger from the Hugonots of Dauphine and from the Swisse But in effect it was to avoid the meeting of the French Ambassadors who took place in the General Congregation next the Imperial The Lord of Pybrac made a notable Oration wherin speaking against the enormities of the Church the small progress the Council had made in so long a time and also for freedome of Opinions it was not fit to stand waiting of things so long from Rome and being seconded by Lansac and Ferrier upon the same subject the Pope complaind therof and spoke loud that the King of France had not sent Ambassadors to the Council but rather Advocats for the Hugonots c. The French Bishops arrivd afterward at Trent in November conducted by the Cardinal of Lorrain who was receavd honorably by the Cardinal of Mantua and other Legats but hitherto the point of Precedence was not touchd A little after the Arrival of the Cardinal of Lorrain and the Gallican Bishops Philip the second having revokd the Marquiss of Pescara employd to Trent Ferdinand Quiniones Count of Luna in quality of Ambassador who having passd before to Germany to be assistant at the Coronation of Maximilian Son to the Emperour Ferdinand the Count of Luna desird to know of the Fathers of the Council what place he shold receave Therupon the Cardinal of Mantua the chief Legat having consulted the Ambassadors of France and the Cardinal of Lorain he proposd unto them a form of Accommodation That concerning them they shold hold their place next the Imperial Ambassadors and another place shold be given the Count of Luna opposite to the Legats on the other side or after the Ecclesiastical Ambassadors or in some other part out of the bank of Ambassadors Wherunto the French replyed That they were employd by their King not to judge of Processes or decide the Rights of King Philip who was a good Frend and brother-in-Brother-in-law to Charles the ninth But if any offerd to take that place which was due to them they were resolvd to defend it against any person whatsoever And if the Council wold question it they had in their Instructions order to withdraw themselfs with all the French Prelats and to protest against the nullity of all resolutions that shold be there transacted To this the Legat made no reply This Answer in apparance was fair and generous but in effect it gave occasion of affronts which afterwards were done to the French at the Council and tended to strengthen the pretensions of the Spaniard which continue to this day For the Right of the King of France is not only to be immediatly next the Emperour but to see all other Kings come behind him insomuch that it was the French Ambassadors duty at that time to stand still upon it and oblige the Count of Luna to take his place after them but to permit him to sit elswhere was to cut out matter for a Process For although the French Ambassadors did hold their places yet to suffer the Count of Luna to sit apart was tacitly to receave him into an equality Insomuch that as well in this first rancounter as afterwards when the dispute happend in the General Congregation the Cardinal of Lorain was blamd that he was not punctual enough in things relating to his Masters Honor. In the yeer 1563. the Legats apprehending some clash twixt the Spanish and French Doctors in point of Precedence of delivering their Opinions ordaind that without distinction of Nation evry one shold speak according to the antiquity of his Doctorship And because ther were some French Doctors that were more ancient then the Spanish yet not permitted to speak first the Legats quickly satisfied them saying That the Doctors do not represent the Prince his person as Ambassadors use to do But to compose these differences which grew very high the Doctors were divided to four Classes and it was orderd that those which were sent from the Pope being de Iure to speak first the French Doctors shold speak next which was accorded by the Legats Therfore it was voted that after Salmeron the Jesuit and the Popes Theologue Nicholas Maillart Dean of the Faculty in Paris shold speak and after that evry one shold speak according to his reception into the
of France the Title of Christianissimus and that his Father Charles had it in the Council of Mantua Anno 1459. But grant that the French Kings had the Title Christianissimus given them since Charlemain yet the Title Catholicus was given before to the Kings of Spain For Alfonso son-in-Son-in-law to Pelagius had it Anno 734. as Garabai and Morales do affirm and the Epitaph upon his Tomb doth justifie it which is Alfonsus Catholicus Others are of opinion that Richaredus who quelld the Arrian Heresie was first intitled Catholicus But now that we have spoken of the Antiquity of these two Titles in relation to the two Kings we will examine which is the superior and more excellent Christianissimus or Catholicus not but that both of them are sublime and glorious Touching the Title Catholik it is so complete a word that nothing can be added to it therfore it admits no superlatif it is of that comprehensif latitude that it is Universal which is the tru Etymologie of the Greek word now it is an Axiome in all Sciences Qui totum dicit nihil excludit Who says All excludes nothing therfore we say Ecclesiam Catholicam not Catholicissimam as we say Concilium oecumenicum or Universale not Universalissimum And certainly this word Catholicum must be of extraordinary value and ancient extraction since it was an Epithet given the Church of Christ in the Apostolical Creed in that first Symbole of Faith Credo in Spiritum sanctum sanctam Ecclesiam Catholicam Now as we pointed at before wheras any Beleever was calld Christian at first and that by erroneous interpretations some Heresies began to creep in the name of Catholik was given him who was a constant embracer of the tru Doctrine of the Church wheras the simple name Christian might comprehend also a Heretik as Pacianus observes against the Novatians Christianus mihi nomen est Catholicus vero cognomen Illud me nuncupat Istud ostendit Hoc probat Illud significat My name is Christian my firname Catholik the one calls me the other shews me this proves the other signifies Insomuch that the word Catholik did distinguish a tru Beleever from a Heretik Whence the excellencie of this word appeers being a primitive attribut given both to Church and Faith for they were both calld Catholik Nor doth it follow though evry Catholik be a Christian that evry Christian is a Catholik For when one is calld Catholik t is understood that he is an Elect that he is saithful pure constant and obedient to the Doctrine of the holy Church without mixture or taint Therfore most meritoriously is this high Epitheâ—… peculiar to the King of Spain because he permits no Apostaâ—…s no Schismaticks to be in his Dominions as the French and other Kings do But by an humble filial obedience he adheres to the Catholik Mother-church which is the Roman For the Roman and Catholik Church are Synonimas according to Saint Cyprian in these words Dividi à Romano Pontifice idem quod ab universa Ecclesia scismate separari Rursum illam communicare id ipsum esse quod Catholicae Ecclesiae unitati conjungi To be divided from the Roman Bishop is to be separated by Schism from the universal Church and to hold communion with him is the same as to be joynd in unity with the Catholik Church Argum. 5. Proving That the King of Spain may challenge Precedence because that in Magnitude of Kingdoms in Power Territories and Tresure He excels all other MUltitude of Regions Affluence of Wealth and Magnitude of Power is so considerable in Kings that this one Reason of it self were sufficient by Divine Laws as well as Humane to yeeld unto Him who excels in these Particulars superiority of session and precedence Now in all things by the very constitution of the Creator ther is a superiority and excellence Eternity is above Time The Intellect is beyond Reason and Reason above Sense Go to the Fabrick of Coelestial Cretures and the pulchritude of the Stars We see the Sun is as their Prince and one Star exceeds another in glory so in this Elementary and the lower world specially among Mankind some are more Illustrious some more Potent then others Nature will tell you that all the Fingers of the hand are not equal and this inequality conduceth to the bewty of the Univers and Manilius tells us Est aequale nihil Terrenos aspice tractus By which Ratiocination he is most sublime and may claim superiority who exceeds in multitude of Peeple in extent of Regions in Wealth and Dominions and since the Catholik King excels in all these as the French Authors themselfs confess out of Cassanaeus certainly the higher seat is to be assignd Him The wisest of Kings tells us that In multitudine Populi dignitas Reg is in paucitate Plebis ignominia Principis In the multitude consists the dignity of a King and in the paucity of peeple his shame Therfore at the meeting of Councils an Universal Council which is made up of most Bishops is more illustrious and carrieth a greater stamp of authority then a Provincial which consisteth of fewer As the Emperour and Pope have three Crowns apeece denoting Asia Afrik and Europe where the first exerciseth Souvrain Power in Temporals and the other in all Spiritual Affairs Now to prove that the Catholik King is more potent then any other in spacious Dominions it is no hard task For go to Spain it self it cannot be denied but it is a large Empire T is tru that Spain in former times was divided into many Kingdoms as Castile Aragon Navarre Leon c. but now they are all concentred in one Crown Adde herunto the Kingdoms of Naples and Calabria with the Duchy of Milan which make up about the one moity of Italy He is Lord of Belgium or the Netherland He hath Sicilie Sardinia with other Islands in the Mediterranean Sea and the Canaries with divers other in the Atlantik He hath sundry places up and down the Coasts of Afrik He hath the Moluccas and Philipiâ—…a Islands which are without number in the Indies It was the Spanish Navigation that refelld the Paradox for which we read that a Bishop was once imprisond for a Heretik because he held ther were Antipodes O Immortal God! what an heroik and incomparable exploit was that of discovering and conquering the West-Indies which counterbalanceth all the old world were they cast into a pair of scales which mighty benediction was reservd by a special Providence for Spain But what a world of dangers doubts and difficulties did precede the work On the one side the incertitude of the Thing and the perils of the angry-tumbling Ocean did offer themsells On the other side the vast expences of the Viage with despair of new provision when the old was spent And in case they shold take sooting on a new earth the Clime might perhaps not agree with their bodies and the Savages might prove stronger then they as they were in
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
next Neighbour is calld Argum. 9. Proving That the King of Spain may claim Precedence because he hath bin so obsequious a Son and done such great Offices to the Christian Church THer are three Offices which all Christian Kings are bound to perform towards the holy Church The first is To obey the Precepts Canons and Injunctions of the Church though it be only by an humble implicit Faith The second is To protect and defend the holy Church not only from Infidels and open Enemies but from Heretiks and Scismatiks The third is To erect Temples and decent Domes of Devotion for the service and worship of God and to bewtifie and enrich them accordingly with Rents and Ornaments The Kings of Spain have bin more renownd for these three then any in Christendome Touching the first Ther is no King or Souverain Prince whatsoever hath bin or is so exactly obedient to the Canonical Laws and the Constitutions Commands and Sanctions of the Church as the Catholik King is known to be Ther are no Kings that do more Corporal Penances when they are laid upon them by their Ghostly Fathers For that Penitential Whip which Charles the Fifth usd and left all besmeard with his own Blood is usd often by this King wherby he mingles his Blood with that of his great Granfather besides that of his Granfather and Father which Penitential Whip is the most precious Legacie that the Kings of Spain use to leave their Sons upon their Death-beds and is like so to continue to all Posterity Touching the second Office for protecting the holy Church as well from Apostaâ—…s and Scismatiks as from open Enemies I may well say without any derogation that ther is no King comparable to the Catholik King Spain did cleer her self with admired Valour and Prudence of three Nations that were enemies to the Christian Church viz. the Saracens the Moors and the Iews And the Catâ—…olik King always bore such a high reverence to the holy Church that they never got any considerable Victory but they sent the Trophies therof to the Vicar of Christ. I will produce one signal example When King Albohazin Belamarin had invaded Spain with a mighty Fleet transporting 20000 Horse and 400000 Foot the King of Granada joyning with him also with all the Moriscos that were yet left in Spain He first besiegd Tarifa but Alfonso the eleventh King of Castile with Alfonso King of Portugal did comport themselfs with such admired Courage and Magnanimity having no Auxiliaries from any other Christian Nation but a pure Army of Spaniards that they obtaind a wonderful and glorious Victory so that above 200000 Moors were destroyed in fight and flight the rest made all slaves as Mariana and Zurita make particular mention in their Chronicles As soon as the triumphs for so blessd a Victory were ended in Spain King Alfonso sent a splendid Embassy by Don Iuan de Leiva to Pope Benedict II. then keeping the Apostolik Seat at Auignon in France which Ambassador presented his Holiness with a great Banner and four and twenty of the chiefest Colours they had taken from the Moors Ther were presented besides 100 Barb Horses with rich saddles wherunto Shields Swords and Javelins were hung and evry horse had a Marisco slave to attend him Then the very Ginet wheron King Alfonso himself did ride when he got the Field was presented with rich Caparisons embroderd with Perl The Pope having notice herof sent all the Cardinals with a great number of Prelats to meet the Ambassador who being conducted to the Pope he descended from the Pontifical Throne and taking the Kings Banner into his hands he sang with a loud voice Vexilla Regis prodeunt Fulget Christi mysterium so making a pathetik elegant speech of so glorious an Exploit they went all to the great Church to give God the glory where the said Colours Ensignes and Shields were hung up I could bring many instances more of this nature how highly respectful the Catholik Kings have bin always of the holy Church and of her chief Governor in all Ages and how ready they have bin to sacrifice their bloods in defence of her But let us go to these modern times we know that his Catholik Majesty is in perpetual feud with the Common Enemy the Turk and how he still disdaind to make a Peace with him though often wooed therunto wheras other Kings make not only a Peace but Confederacies with him ever and anon We know what a professd eager Enemy the Catholik King is to all Heretiks how he suffers none to breathe in his Dominions How ready he is always to suppress them in defence of the Catholik Church and St. Peters Chair which by the supplantings and Machinations of the late Apostats had quite fallen down unless the Catholik King had reachd his arms to support and bear it up Touching the third Office of a Christian King which is to erect Temples and hansome places for the worship of Almighty God no Kings have bin more pious and munificent in that kind Witness that mighty Monument the Royal Monastery of St. Laurence at the Escurial a Monument built to Eternity and to â—…ug with the Iron teeth of time as the thickness and solidity of the walls do shew This one stupendous Monument of Piety which is worthily accounted the eighth Wonder of the World wold afford matter for one entire Volume of it self Let it suffice to know here that it cost above twenty Millions the building It was twenty years before it was finishd yet the Founder Philip the second of eternal memory enjoyd it twelve yeers after and at last carried his own bones to be interrd in that glorious Pantheon he had expresly causd to be built for that use What a world of Religious Houses did this pious Prince erect besides I for in Europe and America he built upon his own charge above a hundred Churches Monasteries and Hospitals Now it is a great matter for other Kings if they build a College or Chappel and are prayed for as great Benefactors then I pray what Prayers and Praises doth such a King deserve as Philip the Prudent was Argum. 10. Proving That the King of Spain may claim Precedence because the Catholik Church hath and doth receave greater Protection and Emoluments from Him then from any other Prince IT is recorded That when Pope Gregory the thirteenth was sick it was told him that he was much prayed for in regard his Life so much concernd the welfare of the Church He answerd Helas the prolongation of any Life can little avail the Catholik Church but pray for the health of King Philip for his Life concerns Her more Now Spain hath been always renowned not only for protecting of the Church and conquering of Infidels but also for converting of Hereticks VVe know that Osius Bishop of Corduba had the chiefest hand in the conversion of Constantin the Great after his Mother Helena a British Lady from whom he had suckd Christian milk at
first though t was not concocted to good blood until Osius did it What great favours and indulgence did the poor persecuted Christians receave from â—…rajan from Elius Hadrianus from Antoninus Pius from Theodosius all Spanish Emperours in the time of the ten Persecutions How strongly did Spain tug with the Arrian Heresie till she was quite put upon her back and at last converted The Albigenses in France who had such nefarious and indeed nefandous Principles As that it was lawful to destroy Churches To pull down Crosses To have Wives in common That the Humane Soul was of Gods making but the Body of the Devils c. I say that these ugly Heretiks were principally converted by St. Dominik and by Didacus Episcopus Oximensis both of them being Spaniards and sent by Pope Innocent 3. expresly for that service in the raign of Lewis 7. of France wherin also Blanche Queen of Spain took much pains with great success How much did Charles the fifth labour to quell Luther and to crush the Cocatrice in the shell which causd this Distik to be made in those times of him and Henry the Eighth of England Carolus Henricus Christi Defensor Uterque Henricus Fidei Carolus Ecclesiae Charles and Henry both Defendors of Christ Charles of his Church Henry of his Faith And Spain is so zelous a Christian that t is not only sufficient for her to abstain from Heresie but from the very suspition therof which made her to erect and raise up that wall of brass against it I mean the Tribunal of the Inquisition By which sacred Office the Vineyard of the Lord in the Spanish Dominions is kept free from brambles and thorns with all noisome weeds T is preservd and hedgd therby from all wild ravenous Beasts that so much annoy her in other Kingdomes and set fire on her skirts so often which Spain by the most prudent and pious establishment of this holy Office is so happily made free Moreover ther have bin no Kings so eminently liberal and munificent to the holy House of God together with their Governors and Ministers as the Kings of Spain have bin in all Ages insomuch that a computation hath bin made that well neer the third part of Spain are spiritual Revenues and the third part of the Churches have bin founded by Kings The Archbishop of Toledo is the greatest Ecclesiastical Dignity in Christendome next the Papacy for it hath above 300000 Crowns annual Revenues which countervails three of the best Archbishopriks in France Nor have the Catholik Kings thought it any derogation to make their Sons Archbishops of that place and Chancellors of Castile Furthermore ther hath bin a late calculation made That of those five or six hundred Millions of Tresure that hath bin transported to Spain from Mexico and Peru since the discovery of the West-Indies the Church hath the tenth part insomuch that in some petty Rural Churches one shall see huge massie Candlesticks of Silver with large Chalices Pixes Crosses and Crucifixes some of them of massie Gold and inlaid with precious 〈◊〉 Nor is this Tresure lost that is given the Church For the Clergie of Spain have bin always ready to serve and assist their King in all his exigents and necessities insomuch that it is a saying in Spain That los tesoros de la yglesia son como 〈◊〉 contra â—…na tormenta The tresures of the Church are as anchors against a storm Adde herunto that no Kings of Spain have felt the fulminations of the Vatican viz. the sentence of Excommunication as other Kings have done But they have always obeyd with much exactness the Doctrine of the holy Church resigning their Intellectuals and the whole inward man to the determinations therof as also to defend them against all Opposers wheras divers French Kings have had clashes and frequent contestations with the holy Father What high feuds had Philippe le Bel with Pope Boniface 8 for he passd an Edict of Interdiction that none of his Ecclesiastiks shold have commerce with Rome He obeyd not the Pontificial censures but toar his Letters detaind his Legats and convoqud a Provincial Council in Paris against his order wherin ther were Accusations of Simony and Schism obtruded against him But all this while the Kings of Castilâ—… and Aragon adherd to his Holiness as being the Head and Common Father of the Catholik Church Lewis the eleventh of France against the Ecclesiastical Liberties did institut the Pragmatical Sanction enforcing the Pope to assent therunto wherby all the Canoâ—…cal Laws and Discipline fell in France as Mausonius observes Charles 8. enterd Rome against the Popes will and did as good as war with him as with an enemy but the Catholik King Ferdinand 5. adherd to him to very good purpose Touching Lewis 12. what a bitter enemy he was to the Apostolik seat what troubles he excited against Iulius 2. which gave the first countenance and rise to those Heresies that have pullulated in the Church and so miserably torn the very Bowels of her ever since Philip 2. of France repudiating his lawful Wife married another not only without the consent of Celestin the holy Father but against the opinion of his own Ecclesiastiks whom he handled with so much rigor and tyranny Philip the first of France did no less bandy against the Decrees of the Church in divers things and did likewise cast off his Legitimat Wife and forcd another Lewis 6. of France did so persecut the holy Church that he drew Anathemas and spiritual Execrations upon him Lewis 7. of France had such contentions with Pope Innocent 〈◊〉 that he remaind under the heavy sentence of Excommunication three full yeers Charles le Bel was so highly disobedient to Pope Iohn 23. that he interdicted to pay him his Tenths and other Ecclesiastik Rights Francis 1. and Hen. 2. of France to their eternal reproach calld in the Turk to their assistance against the Christian Emperour Of all which particulars ther are Authentik Historians who make mention and leave it upon record to all Posterity But the French speak very loud how Charles the fifth raisd such a fierce war against Clement 7. that he besiegd Rome and made the Pope prisoner T is confessd but it was upon a pure temporal score yet he resented it so much that it drew repentance from him nor did he grieve a whit that his General the Duke of Bourbon was killd as he was scaling the walls of Rome because he had exceeded his commission Nor when the news came to Spain of the success of the Emperours Army was any joy of triumph shewd at all but rather a dark sadness and all the signes of sorrow which possessd him to his dying day And for a compensation to the Holy Father he establishd his Nephew in the State of Florence Thus have we collected the Reasons and Arguments of these three great Monarks in order to a Precedence of Place and Superiority Concerning the Reasons of the two latter
devour him Therfore ther must be a special care had to pry into the genius and natural disposition of the party in this particular for t is a tru principle in humane Nature That a Coward cannot be an honest man and Honesty is a main thing requird in an Ambassador Therfore he must not be dejected and cast down at the cross traverses and success of any business his courage must not be daunted or dashd at any thing He must be also bold and confident in his Proposals and Demands for Qui timidè rogat docet negare Who asks with fear teacheth how to deny And let him be sure to ask rather too much then too little for Domanda assai che non mancherà poi à calare Ask enough and ther will be enough to abaâ—…e afterwards Therfore let him not be stanchd or mealy-mouthd in his Demands and Audiences Blushing and Bashfulness are commendable in Maids and Boys but odious in Ambassadors therfore the Spaniard hath a witty Proverb Al Vergonzoso el Diablo le truxo al Palacio The Devil brought the Bashful to Court Wherfore in the election of an Ambassador ther must be a regard had to his natural disposition that he be confident and hardy Ther is a memorable observation and saying of Philip the second King of Spain calld El Prudente that when he had designd one for an Ambassador he came faintily and coldly to him to propose some things for the accommodation of his Embassy The King observing it said How can I expect that this man can promote and effectuat my Businesses when he is so fainty and fearful in the sollicitation of his own To prevent this the probablest way is to make choice of a generous and well extracted person for Degeneres animos Timor arguit One of the greatest blemishes that Historians do cast upon Lewis the eleventh of France is that he made choice of his Barbeâ—… to be Ambassador to the Duke of Burgundy and it was upon no ordinary business for it was to make an overture of a March with the young Princess his Daughter but the mean opinion which was had of the quality of the man overthrew the business Matthaeus Palmerius an Apothecary of Florence had betâ—…er luck then the French Barber had For he being sent in quality of Ambassador to Alfonso King of Naples and having acquitted himself so elegantly and with so much generosity at his first audience and the King understanding that he was an Apothecary said Se tali sono gli Speciali di Fierenze quali debbono essere gli Medici If the Apothecaries of Florence are such what shall we think of their Physitians But this Apothecary although he was of an ordinary Trade yet he was an extraordinary man in point of Parts and Erudition which made compensation for the meanness of his Profession Moreover it is an advantage to the affairs of a King that he make choice of a proper and graceful person and of a sound healthful constitution to represent him abroad We read that it was prohibited by the Law of Moses that any man who had any blemish or mutilation shold be made a Levite Now Levits as it was insinuated before are as the Legats of God Almighty and Kings being types of him shold not have any to personat them that had any deformity or indisposition I remember when Count Gondamar and the Marquiss of Inojosa were here Ambassadors for the King of Spain the one was troubled with the Fistula and the other had lost a peece of his Nostril therupon a Libel was made that the King of Spain made an odd choice of his Ambassadors to England for the one had the Pox in his Brich the other in his Nose It hath bin much controverted among Statists whether one person singly or many joynd in Commission be fittest for an Embassy this business is much canvasd Pro Con among the Civilians they that are for plurality urge Solomon That in multitude of Counsellors ther is safety They instance in divers examples and produce Virgil Qui dicta ferunt foedera firment Centum Oratores patria de gente Latinos Darius employd ten in an Embassy to Alexander The Romans sent ten to appease the tumults of Asia They sent ten to Macedonia Four to the Fidenates Three to the Carthaginians c. But Paschalius gives a Rule herein Tentando aut Tractando unus satis est consummando plurtum interventus desideratur In trying or treating one is enough in consummating a business the intervention of many is requird So Peter Matthieu relates that ther were 400 Spanish Gentlemen at the confirmation of the Peace of Vervins twixt Spain and France which might be calld a Legion rather then a Legation But the most political Civilians are for one single person trop gran nombre est encombre too great a number is an encumber among Ambassadors it is subject to confusion and delays it will make the business in treaty to take air and be sooner discoverd One is far more secret and sedulous when he acts by himself then when he must concur with others Then ther are Maximes in the Law Cura plurium cura nullorum The care of many the care of none Quod multos tangit paucos angit Then many emulations and envy do often creep in with other inconveniences amongst many Therfore the most expedit and advantagious cours is that ther be but one Ambassador but the Prince must choose a choice man to be he He must be Lectus antequam Electus Another debate ther is Whether Legatio be only a Virile Munus a Masculin task or whether Women are capable to be employd in an Embassy and more are for the Affirmatif part then the Negatif It was much controverted in Rome whether Veturia and Volumnia two Roman Matrons were fit to be sent as the desperatness of the case then stood upon an Embassy to Coriâ—…lanus and the Volscians it was determind they shold and the treaty took good effect Ther were Roman Dames sent upon an Embassy to Constantius the Emperour for revoking Pope Liberius and they prevaild It was a practice among the Romans to send the Vestal Virgins upon Embassies Ther is a memorable example how Guelpso the Duke of Bavaria having provokd the Emperour Conradus he set so close upon his skits that he coopd him up in Winsberg where he beleagerd him Caesar was so incensd that he vowd to put all to fire and sword So the Duke being reducd to great extremities it was thought fit to send the Duchess as Ambassadress to the Emperours Camp where she performd her part so gallantly that she so movd and melted his heart that for her sake all the Women in Winsberg shold have safe conduct to depart and carry away upon their backs as much of the most precious wealth as they could bear but the Men shold abide his mercy Herupon the Duchess took the Duke upon her sholders and evry Wife after her example took her
after they desird new audience which was suspended to be given them and in the interim the King sent Sir Edward Conway his principal Secretary of State and Sir Francis Cottington Secretary to the Prince both Lords afterwards to signifie unto the said Ambassadors that he desird nothing more then a continuance of frendship twixt the two Crowns therfore if they had any thing to say they shold communicat it to the said Secretaries as persons of trust which he employd expresly for that purpose and if they made any difficulty of this also then they might choose among his Council of State those whom they likd best and he wold command that they shold presently repair unto them and if this also shold seem inconvenient they might send him what they had to say in a Letter by whom they thought fittest and he wold receave it with his own hands But they gave no answer to all this therupon the said Secretaries told them according to their Instructions which they had receavd from his Majesty That they being the Authors of an Information so dangerous and seditious had made themselfs incapable to treat further with the King their Master and were it not for the respect he bore to the Catholik King his dear and beloved Brother their Master and that they were in quality of Ambassadors to such a Majesty he wold and could by the Law of Nations and the right of his own Royal Justice proceed against them with such severity as their offence deservd but for the reasons before said he wold leave the reparation to the Justice of their own King of whom he wold demand and require it Herupon Sir Walter Ashton Ambassador then in Spain for the Crown of England had audience of that King wherin he said That the King of Great Britain his Master had commanded him to demand refaction and satisfaction of his Majesty against the Marquiss of Inojosa and Don Carlos Coloma for scandalizing the Duke of Buckingham with other of his best subjects and through his sides aiming at the Prince himself for it is unlikely the Duke wold have cast himself upon such a designe without the communication of it to him and to know his plesure so he remonstrated the whole circumstance of the business c. And in conclusion he said That he humbly beseechd his Majesty to observe and weigh well the care and tenderness wherwith the King his Master had proceeded towards his Majesties Ambassadors not obliging them to any precipitat resolutions but giving them time and opening a way how they might have cleerd themselfs c. It was expected that the said Ambassadors at their return to Spain wold have bin punishd or at least checkd but matters growing daily worse and worse twixt England and Spain the said Ambassadors were rather rewarded then reprehended at their return Inojosa being made afterwards Governor of Milan and Coloma receavd addition of command and honors in Flanders But the high civilities of England at that time towards the said Ambassadors was much cryed up abroad that notwithstanding so pernicious a machination to demolish Buckingham and to discompose the whole English Court yet they were permitted to depart peaceably and Sir Lewis Leukner was commanded to conduct them to the Sea-side for prevention of any outrage upon their persons We have dwelt the longer upon this business in regard ther are extraordinary traverses of State in it being a Plot of an unusual reach of policy which will be found more amply related in the addition the Author made to Finets Ambassador but in regard it is so pertinent to this Paragraph he thought it fit to insert the substance of it here We will now resume things touching the Office of an Ambassador It is very necessary he shold have his Credential Letters exact and plain His Commission plenary and fortified with as much authority as he can The Spanish Ministers when the Prince of Wales was there objected against the Duke of Buchingham that his Commission for he came also in quality of Ambassador was not so compleat and authentik as that of the Earl of Bristols for he had his Commission under the Broad Seal of England wheras the Duke had his by the King only The Civilians make a question Si à Legato Mandata poscantur is adigi possit ad ea exhibenda Their opinion is That besides his Credential or Fiduciary Letters and his General Commission he is not bound to shew any more Touching his privat Instructions Paschalius saith Mala eum agitat res qui in Legati Secreta irreligiose irrumpit It is questiond further Whether it may stand with the Office and Honor of an Ambassador to receave Gifts and Presents from the Prince he is sent unto which the Civilians call Lautia a word peculiar only to Ambassadors some are for the Negative which the Hollanders do follow for their Ambassadors use to receave none not so much as a Bottle of Wine But most are for the Affirmatif But the Venetians who are reputed to have the best Rules touching Ambassadors though they allow it yet their Ambassadors are bound to exhibit their Presents to the Senat and t is thought much of St. Marks tresure consists of it They are also bound in a large Oration to give an account besides that of their Embassy what they observd most remarkable in the Government State and Quality of the Country of which Oration they bring also a Manuscript which is put up in their Archives Iohn Earl of Bristol at his departure from Madrid notwithstanding that the weather had grown foul twixt us and Spain receavd a Cupboard of huge massie Plate valued at 20000 Crowns of this King of Spain who also gave him a Diamond Ring off his Finger rated at 1500 l. sterling and the reason was because he had found him so wise faithful and industrious a servant to his King The Civilians make likewise a doubt whether it may not interrupt the Office of an Ambassador to have his Wife and Children along with him but they who hold the contrary are rather exploded then approved For to leave his Wife is for one to leave half himself behind him besides Conjugal society is counted the prime of comforts moreover it saves trouble of Writing and charges for Letters and Packets which come to no small sum at the yeers end c. We will conclude this Paragraph with two special things which the Civilians require further for the performance of the Office of an Ambassador viz. That he be reservd and secret in an intense degree he must not be Plenus Rimarum full of chinks and herin the Italian and Spaniard are eminently imitable for all the Drugs in Egypt cannot draw away a secret from them wheras a small Purge or Vomit will make others cast it up Furthermore that an Ambassador may facilitat the discharge of his Office the better it is requisit that he have a previous knowledg of the Court and Country wherunto he is
whom I refer the Reader We will conclude this Paragraph with some further inspections into the Laws of England concerning Ambassadors In the 13 of Queen Elizabeth it was gravely debated in the Bishop of Rosse his case who was Ambassador here for Scotland An Legatus qui Rebellionem contra Principem ad quem Legatus concitat Legati privilegi is gaudeat an ut hostis poenis subjaceat Whether an Ambassador who raiseth Rebellion against the Prince to whom he is sent is to enjoy the privileges of an Ambassador or whether he is to lie under a punishment as an Enemy It was resolved by all the Judges of the Land that he had lost the privileges of an Ambassador and was punishable by the Law of the Land Herupon Mendoza the Spanish Amdassador was commanded away because he fomented a Rebellion c. Moreover as my Lord Coke hath it and therin he agreeth with the Civilians If an Ambassador committeth a delect contra Ius Gentium as Treason Felony Adultery c. he loseth the privilege of an Ambassador and may be punished in England as any privat Alien and not to be remanded but upon courtesie But committing any thing against the privat Municipal Law and Customes of England which is not Malum in se Iure gentium He is not punishable The breaking of Truces and Safe-conducts was once High Treason by the Laws of England but that was mitigated 2 Hen. 5. Furthermore my Lord Coke holds in his fourth Institut That if one be namd but Agent in his Credentials from a King yet he is an Ambassador The ninth Paragraph Concerning the wise Compliances and Witty facetious Sayings and Carriage of divers Ambassadors during the time of their Negotiation c. AS it is a principal quality in an Ambassador to be serious abstruse and reservd in the discharge of his Function so it is a mighty advantage for him to be Witty as well as Wise to be facetious and play the Drol sometimes for the Italian says Non è saggio chi non sà esser pazzo He is not wise who knows not how to play the Fool sometimes Apt pleasant and sudden Reparties discover a great deal of wit An Ambassador being sent to the King of Morocco whose Law we know is not to eat Swines Flesh be brought him Letters wherin all his Titles were not given him The King said Sus has Literas peperit A Sow begat these Letters The Ambassador suddenly answerd Ne iis Vescaris It was done that you shold not eat them The Town of Agrigentum as Herodotus reports having sent Gellias a very hard-favord man Ambassador to Centuripe a low dirty Town in Sicily and being jeerd and stard upon at his audience he answerd Ne Miremini Centuripini ut Urbes sunt ita Cives mei Legatos mittunt pulchros ad pulchras deformes ad deformes Do not wonder O you of Centuripe at me for my Masters of Agrigentum send their Ambassadors as the Cities are Faiâ—… to Faiâ—… Foul to Foul. Don Pedro de Toledo being employd Ambassador to Henry the 4. of France ther were many traverses between them at one privat audience and Don Pedro magnifying much the power of the Spanish Monarchy King Henry said That it was much like the Statue of Nebuchadnezzar composd of divers peeces but having Feet of clay Don Pedro then replying somewhat high the King rejoynd that if he were provokd he wold carry flames even to the Escurial and if that he once mounted he wold be soon in Madrid Don Pedro answerd Indeed King Francis was there meaning Francis the first who was taken at the Battail of Pavia and remaind Prisoner in Madrid divers yeers The King going on further to tax the King of Spain for usurping divers Countries of his and namely the Kingdome of Navarre which he might live to recover Don Pedro answerd That the Iustice wherby the King his Master held Navarre wold help him to defend it The King replyd Your reason is good till I be in Pampelona Don Pedro therupon rising hastily and going towards the door The King askd whither went he so hastily He answerd To provide entertainment for your Majesty at Pampelona A French Ambassador Monsieur de Tilliers as I take it residing here and being invited one day to Dine with King Iames the King being well disposd began a Health to him saying The King of France drinks the French Kings Health The Ambassador answerd as pleasantly Le Roy mon Maitre est bon Lieutenant Il tient bien la France de Luy The King my Master is a good Lieutenant he holds France well from him But of any that I have heard or read of Don Diego de Acunia Count of Gondamar had an extraordinary faculty this way and besides he had well studied the Genius of King Iames in whose Raign he resided here how he was pleasd with sudden plesant Reparties therfore he did Seria jocose he did dispatch serious things in a merry way When Sir Walter Rawleigh was gone with a Fleet to Guiana and when news was broght that he had taken San Toma plunderd the place and killd the Governor which was as some say beyond the bounds of his Commission wherin he was restraind from doing any Acts of hostility upon the firm Land Gondamar came early one morning to the King desiring to speak but only one word to his Majesty being admitted he cryed out Pyratas Pyratas Pyratas intimating that Sir Walter Rawleigh was turnd Pyrat but that word was so fatal that it took off Sir Walters head though upon an old score Another time having discoursd of many things with the King in a privat audience in French the King askd him whether he understood Latin or no Yes Sir said Gondomar I understand it and speak it Discoursing afterwards in Latin of divers things in a free and facetions way it happend that Gondamar spoke false Latin once or twice the King smiling said How comes it to pass that you being an Ambassador to so great a King who shold be exact in all things how comes it that you break Priscians head so often Gondamar replyed Sir I speak Latin like a King and your Majesty speaks Latin like an Ambassador Count Gondamar having bin outragd by the Rabble in London who threw Tobacco-pipes into his Litter and did him other affronts coming after to have a privat audience and the King taking notice of it he said La Harina de Ingalatierra es muy delgada y fina pero el afrecho es muy grossero Sir the Flowre of England meaning the Gentry is very fine but the Bran is very coorse meaning the common peeple Another time being to dispatch a Courrier to Spain and the old Countess of Buckingham being then in extraordinary high favor that most Suters made their address unto her he writ in a Postscript to Count Olivares That ther were never greater hopes then now that England wold turn Roman Catholik for the Mother was more worshippd
person with his Mother and most of the chief Peers came to meet Him as far as Amyens above two days distant from Paris He carried with him 140000l sterling a prodigious sum in those days though Silver was but 20d an Ounce He transported that vast sum with him to assist the French King and other Confederats in a War against Charles 5. Emperour Ther is no History can parallel this Embassy it was performd with such a glorious Equippage Besides the Ambassador had such a Plenipotentiary and transcendent Cummission that he gave the Law both to France and the Popedome and he comported himself with such dexterity and high wisdome that all the Princes of Christendome who had their eyes fixt upon him admired him This second example shall be of another strain of Gallantry by Sir Ierome Bowes who was employd Ambassador to the Emperor of Russia who was cryed up for a Tyrant Sir Ierome at his first audience having some affronts offerd to be put upon him that he shold put off his Hat els it shold be naild to his head he was not a whit daunted but kept it on still saying he had no such commission from the Queen his Mistress Therupon the Emperour slighting the Queen in comparison of the Emperour of Germany who was the only Prince Paramount Sir Ierome replyed That his great Mistresses Father had the Emperour his Majesty speaks of to serve him in the Wars and receavd pay of him Wherupon with a kind of astonishment at his courage he parted peaceably But afterwards being advancd in his Journey as far as Archangel and being embarkd ther came some of the Emperours Officers with Presents of rich Furs for the Queen and some for himself and being come to the side of the ship with them He wold not suffer them to board but drawing out his Sword said My Mistress the Queen of England hath no need of your Catskins nor I neither therfore you may carry them back Ambassadors being sent to Bourbourgh to treat of a Truce betwixt the King of Spain and the Hollanders Doctor Dale was sent for an assistant and coming to kiss the Queens hands she told him That understanding he was a Learned Man and a good Civilian she made choice of him for that employment and she wold allow him 20s a day He humbly thankd her Majesty and said he wold spend nineteen of them evry day for her Majesties honor therupon the Queen asking him what he wold do with the other odd shilling he replyed I will keep that for my Wife Kate so the Queen encreasd his allowance Being assembled to treat ther was a Debate in what Language they shold treat the Spanish Ambassador thinking to put a jeer upon our Ambassadors said Let us treat in French for your Queen is Queen of France No said Doctor Dale then let us treat in Hebrew for your Master the King of Spain calls himself King of Ierusalem Sir Edward Herbert late Earl of Cherberry being Ambassador in France it happend that he had a clash with the great Favorit and Constable Luynes which was thus Sir Edward had receavd privat Instructions from England to mediat a Peace for Them of the Religion and in case of refusal to use certain Menaces Hereupon He coming to the Army which was then before St. Iean d'Angely where the King was in person and he finding that the approches to the Town were almost finishd He hastned his address to the King for an audience The King referrd him to Luynes desiring that what he had to say might be imparted unto Him Wherupon he went accordingly to Luynes Lodgings and deliverd his Message but so that he reservd the latter part which was Menaces until he heard how the business was relishd Luynes had hid behind the Hangings a Gentleman of the Religion who was upon point of turning Roman that being an Ear-witness of what had passd between the English Ambassador and Luynes he might relate unto Them of the Religion what little hopes they were to expect from the intercession of the King of England The Ambassador and Luynes having mingled some Speeches the language of Luynes was very haughty saying What hath your Master to do with our Affairs why doth he meddle with our Actions Sir Edward replyed It is not you to whom the King my Master doth owe an account of his Actions and for Me t is enough that I obey Him In the mean time I must maintain that the King my Master hath more reason to do what he pleaseth to do then you have to ask why he doth it Nevertheless if you desire me in a gentle fashion I shall acquaint you further Wherupon Luynes bowing a little said Very well The Ambassador answerd That it was not on this occasion only that the King of Great Britain had desired the peace and prosperity of France but upon all other occasions whensoever any troubles were raisd in that Country And this he said was his first reason The second was That when a Peace was setled there his Majesty of France might be better disposd to assist the Palatin in the affairs of Germany Luynes said We will none of your advices The Ambassador replyed That He took that for an answer and was sorry only that the affection and good will of the King his Master was not sufficiently understood and that since t was rejected in that manner He could do no less then say that the King his Master knew well enough what He had to do Luynes answerd We are not afraid of you The Ambassador smiling a little replyed If you had said you had not loved us I shold have beleevd you and made you another answer in the mean time all that I will tell you more is this That we know very well what we have to do Luynes herupon rising a little from his Chair with a fashion and countenance much discomposd said By God if you were not Monsieur the Ambassador I know very well how I wold use you The Ambassador râ—…sing also from his Chair said That as he was his Majestie of Great Britain's Ambassador so he was also a Gentleman and that his Sword wheron he laid his hand shold do him reason if he had taken any offence After which Luynes replying nothing the Ambassador went on his way towards the door and Luynes seeming to accompany him the Ambassador told him That after such Language ther was no occasion to use such ceremony and so departed expecting to hear further from him But no message being brought him from Luynes he did in poursuance of his Instructions demand audience of the King at Coignac St. Iean d'Angely being now renderd up who granting it he did in the same terms and upon the same motives mediat a Peace for Them of the Religion and receavd a far more gentle answer from the King The Marshal of St. Geran coming to Sir Edward Herbart told him in a frendly manner You have offended the Constable and you are not in
whatsoever He did being done by fear duresse and compulsion was of no better force then a Covenant extorted by violence or made in prison by a private man which when he is at liberty he is not bound by Law to perform if it tend to his damage To this t is answerd That the case is far different twixt Souverain Princes and privat men for between the one ther fall out but Processes and Suits in law if they disagree or not perform what is a greed upon But between Princes bloud and Wars fire and Sword death and destruction somtimes of whole Countries and millions of human soules do Ensue Therfore when a King by the propitiousness of Heven and his own prowess by the hazard of his life loss of his peeple with infinit pains and expence of Tresure hath gaind a Victory by the justness of his Cause and Divine decree or reduâ—…d his Enemy to a streight All the Civilians concur in one unanimous opinion that he may make the best advantage he can of his good successes and reduce his Enemy to what terms he please And the Articles which shall then be capitulated consented and sworn unto are to be exactly performd otherwise there wold be no end of any War Now rhe French Chroniclers themselfs acknowledg that Henry the 5. might at that conjuncture of time and fortune have destroyed the whole Realm of France and taken the King prisoner or driven him quite out But he was so far from doing so that he sufferd him to enjoy the Kingdom while he livd and by taking his daughter to wife made her Issue therby capable not only of the French but also of the English Crown with all the Dominions thereunto annexed Whence some Authors observ that the English have bin usd in all Treaties and Stipulations to be over-reasonable merciful plain and downright But the French crafty double minded inhumane high and subdolous upon all advantages Insomuch that t is a question which was sharper the English blade or the French brain I will conclude this digressive discours with another argument of the French viz. That Charles the sixth could not legally disinherit his eldest son being Heiâ—… apparent to the Crown of France To this may be answerd that neither Charles the sixth was rightful King nor consequently his son heir apparent for since Edward the third of England all the French Kings were but Usurpers they were Kings de facto not de jure Moreover ther are many Examples how the eldest sons of the Kings of France have bin disinherited We read that Robert made his second son Henry King of France by disinheriting Robert his eldest who for compensation was made Duke of Burgundy Lewis le Gros with the consent of all the Peers and Estats of France made also Lewis his second son King and gave Robert his eldest the Earldom of Dreux Dagobert made Clouis his second son King of France by putting by Sigisbert his eldest son I have bin somwhat long in discours of this great Transaction twixt England and France because the chief aim of this Work being at Precedence the discerning Reader may regulat his judgment accordingly We will now go on to conclude this Paragraph the main scope wherof being Antiquity and continuance of Royal Bloud The Genealogical Tree of the Kings of this Iland as all other Countries hath had various Stems the first were Britains now calld Welsh who may contend for Antiquity and may be said to be coetaneous with the Iland it self yea before it was an Iland for ther want not some who hold that it was at first a continent or a peninsula tied to Gallia by an Isthmos or neck of land stretching from Dover to Bullen for the Rocks on both coasts being of a colour and shape look as if they were slented one out of the other Before the Romans took footing here which was neer upon 200 yeers before they could do it peaceably the Britains did still so bear up against them wheras Gallia or France was fully conquerd in less then 10 yeers I say before the Roman Eagle fixd his talons here ther had bin 65 Kings of the British Bloud But then that Race being interrupted by the Romans for above 400 yeers the Iland being freed of Them some of the old British Bloud came to be Kings again among whom some were very famous as 〈◊〉 and Arthur his son the chief Christian Worthy who was the first Founder of Warlike honour conferrd upon his Knights of the Round Table And this Race of the old British Kings lasted till the raign of Cadwallader Anno 689 yet ther were Welsh Princes that swayd still as among other Howel Dha the Great Legislator and stood stoutly for their Liberty until the raign of Edw. 1. in whose raign Leolâ—… the last Prince of the British Bloud being slain in battel his head was brought to King Edward who commanded it to be crownd with Iâ—…ie confessing that he had met with more valour in the Welsh then the Scots for he had fierce Wars with both But Cadwallader being dead the British Race was interrupted again till Owea Tewdors time who descended from Cadwallader as shall be shewd by a Gâ—…rman peeple inhabiting the lower Circuit of Saxony and so calld Saxons by the Welsh and Irish to this day They had a 〈◊〉 a long time but Egbert by conquest reduâ—…d them to a Monarchy and he was the first who calld himself King of England Then that English Race alâ—…o of Kings had two short Interruptions one by the Danes wherof ther raigned here three Kings but all their raigns extended not to â—…5 yeers Then by William of Normandy and that Interruption â—…asted about 40 yeers till Henry the first married the lady Matilda daughter to Malcolme King of Scotland by the Lady Margaret sister to Edgar Athelâ—…g wherby the English Bloud Royal was restord Then by a marvellous providence the British Royal Bloud after about 800 yeers Interruption was restoâ—…d by Owen Tewdor who married the Queen Dowager Katherine and so was Granfather to Hen. 7. which Tewdor by an exact 〈◊〉 that was made by the British Bards and confirmed by the English Heralds came lineally from the foresaid King Cadwallader and Leolin so ther were three Kings viz. Hen. 7. Hen. 8. Edw. 6. with two Queens viz. Mary and Elizabeth all Tewdors Then came in the Royal Race of Scotland by the Lady Margaret Tewdor eldest daughter to Hen. 7. and first branch of the two Roses Now by a due computation made of the premises it will be found that take British or English the source and series of the Bloud Royal of England is above a thousand yeers since And if from Cadwallader you go to the British Kings before the Romans interrupted the Royal succession therof it will be neer upon 3000 yeers which no kingdom â—…ls can say Moreover the Bloud Royal of Scotland some hundreds of yeers before was incorporated in the British for the mother of the first
blessed Saints may adde to the Nobleness of a Country the Churches of France are full of them Reperies in Francia as Cassanaeus relates omnes Christi Exuvias quippe praeputium Inconsutilem togam Spineum diadema Crucem Clavos Spongiam Lanciae cuspidem cum qua sepultus est sindonem You will find in France all the Exuvias or Spoiles of Christ his praeputium his seamless coat his Cross the Nayls the Sponge the point of the Spear and the Winding-sheet wherin he was buried Cassanaeus goes further and says that in Burgundy the body of Lazarus is buried as also Mary Magdalens ashes are kept in a noble Chest and likewise those of Martha Martialis and of the three Maries Adde herunto the most precious head of Iohn Baptist and the finger wherwith he pointed at the immaculat Lamb of God The eleven thousand Virgins are yet kept in France And likewise the reliques of St. Denis Martin Cosma Damianus Sebastian with other Christian Hero's are to be found in France As Claudius and Edmundus whose bodies bones and flesh are to be seen to this day and are frequently visited by Pilgrims Ther are also to be seen the three Twins St. Geneveva St. German St. Hilary with sundry others I must not omit the Body of St. Quintinus a great Martyr who hath a Town of his name to this day which formerly was calld Samarobrina from the River Samoria which Martyr after many persecutions and punishments under Dioclesian and Maximinianus was at last beheaded his body and head were thrown into the River Samoria where it lay many years until a Roman Matron calld Eusebia being warnd by an Angel came to search for the body which being found it immediatly cur'd her sore eyes and so she put the body and head under ground wheron since a mighty Sanctuary was erected bearing his name and calld St. Quintin 300 years after in the raign of King Dagobert his body was taken out of the earth and put in a gold Chest where it remains to this day and wherunto a great confluence of Pilgrims do frequently resort by reason of the great miracles that he hath wrought in point of health to many thousands all which particulars Cassanaeus relates Touching the Nobleness of the French Fabriques erected and consecrated for the worship and service of God Almighty as Basilicas Temples Churches Sanctuaries and other Domes of Devotion the whole earth hath not fairer or more magnificent as also Priories Abbeys Convents Monasteries c. What a glorious and indeed admired structure is the great Carthusian Monastery in Provence It may be calld a little Christian Commonwealth of it self and hath Revenues able to bear up the port of a Souvrain Prince Now ther is no Church upon the surface of the Terrestrial Globe that is comparable to the French in Revenues and Riches for the last computation which was made the Revenues of the Gallican Clergie amounted to above three hundred and twenty millions of Livres a stupendous sum And indeed They need have so much for besides such a world of Abbots Priors Monks Priests and other Ecclesiastical Dignitaries ther are in France 15 Archbishops and 150 Suffragan Bishops and such is the honor which is born there to the Mitre that they are all Privy-Counsellors by their Dignity and by the Laws of France though few do come to the said Council unless they have an intimation of the Kings plesure by particular Letter The fifth Argument A Nobilitate Subditorem from the Nobleness of Subjects IN the third Argument going before ther were some touches of the French Noblesse and Gentry how numerous they are and the many ways of Preferment the King hath for Cadets or younger Brothers wheras the elder use to have great Estates of their own For indeed some of them have mighty Fortunes by Patrimonial Inheritance The last Duke of Guyse kept a House like a Souvrain Prince he had above two hundred Gentlemen waited on him as menial servants and having Domestik dependency unto whom he gave such a liberal allowance and long Leases out of his estate that they might live like Gentlemen which made one tell the Duke that he had turnd all his Estate to Obligations meaning that he had obligd so many unto him by his munificence and bounty Yet ther are three sorts of Subjects that live but poorly in France which are the Roturier the Vigneron and the Peasan But they who dwell in Towns and have any Profession or Trade live well enough But the main wealth of the Country is among the Gentry or Noblesse who live plentifully and well Among divers others ther is one singular quality in the French Gentry that they are extraordinarily affected to their King and they are pleasd in nothing more then to have access and see him Ther is a world of examples how close they have stuck to him in the Wars when his person was in hazard and rescued him though danger and death were inevitable in the Action For Horsmanship and Chivalry they surpass all other and indeed ther is none that becomes a Horse so well and hath a more comely seat on his back then a French-man Adde herunto that the French Noblesse are naturally Valiant quick and hardy not onely in the Wars and publick Engagements but in privat Feuds ther being more Duels fought there then in all Christendome besides Nor is ther any Nation more covetous of Honor or more careful and tender to conserve it when they have it I will conclude this Argument in brief with the opinion of a famous Poet who sings thus of them Gallia fert acres animos Idonea bello Corpora non illis ausit componere sese Thracia quae Martem genuit non Parthia versis Quaebellatur equis fugiens licet inclyta Crasso Facta sit extincto signisque superba Latinis Quas Gentes olim non contrivere per omnem Invecti Europam quasi grando Aquilone vel Austro Importata gravi passim sonuere tumultu Scit Romanus adhuc quam Tarpeia videtis Arx attollentem caput Illo in monte superbum Pannones Emathii norunt scit Delphica Tellus Quam nisi terrificis subito convulsa ruinis Oppressisset eos non defendisset Apollo The sixth Argument A Plenitudine Potestatis Regiae from the Absolutness of Royal Power THer is no Monark among Christians that hath a more plenary and absolut power then the King of France take together all the Prerogatives that a King is capable of He only can make Peace or denounce War He only can convoke discontinue and dissolve Parlements I mean the Assembly of the Three Estates He only can pardon He only can naturalize and ennoble He only can put value upon Coin He only can press to the War Nay He hath power not only to do all this but he can make Laws and impose Taxes at pleasure All which he doth by his own Royal Edicts For as touching the formality that the said Edicts shold be confirmd by
the next Court of Parlement that is by the next Assembly of the Three Estates That Assembly is now grown as obsolete as a General Council for ther hath been none these fifty years and upward Besides the Real Demeans of the Crown the King hath to support his Greatness 2. La Taille 3. Le Taillon 4. Les Aydes 5. Les Equivalents 6. Les Equipollents 7. Les Crues ou Augmentations 8. L'Octroy ou Benevolence 9. La Gabelle 10. Les Imposts 11. Le haut passage or Domain forain for goods exported 12. Le Trait Forain for goods imported 13. La Solde de 50000 Soldats 14. The Tenths besides All these Impositions are as old as Lewis the eleventh who wheras before most of them were laid and levied upon extraordinary occasions he found a way to make them perpetual And if those fourteen Strings touchd before will not serve his turn he hath power to make more for his Bow when he pleaseth and herein the King of France hath the advantage of his two Neighbouring Kings This is that indeed which makes him so potent Hereby he can lade an Asse with Gold when he will to break in through any Wall though otherwise never so inexpugnable It is a full Purse that makes a King both feard at home and formidable abroad wheras the contrary makes him but a kind of Scar-crow King as the Spaniard tells us in his Proverb Don sin dinero no es Don si no Donayre I will conclude with the Greek Poet who sings to this purpose very elegantly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wherwith the Latin doth verbatim and exactly correspond both in sense and verse Argenteis pugna telis atque omnia vincès Fight with Silver Weapons and thou shalt conquer all The seventh Argument A Potentiâ Regni from the Strength of the Kingdome THer is not such an intrinsique united Power such a knot of Strength any where as France is Ther are in France thirty thousand Parishes so that taking but ten men out of one Parish with another an Army may be composd of two hundred and fifty thousand Combatants besides the City of Paris that huge Mass and Miscelany of all Nations which may furnish well-neer as many more And it may be said that France was never so powerful since the time of Charlemain as now she is nor so entire and that for many reasons First in regard that the Hugonots or they of the Protestant Religion are reduced to an exact subjection who indeed were the greatest weakness of France before for oftentimes they servd as Dark Lanterns to other Princes both abroad as well as at home to put Combustions in France at plesure They might be calld Regnum in Regno having such a considerable strength as above 200 Towns in many wherof they kept Garisons for the maintenance wherof the King himself was to contribut by Article Two of these Towns commanded the great River of Loire and others were neer the Sea so consequently fit to receave Forren assistance as Rochel the taking wherof did much startle Spain who had she foreknown that England could not have done it she wold have sent assistance her self which made Cardinal Richelieu to raunt that he had taken Rochel en depit de Trois Roys in despite of three Kings viz. the King of England the King of Spain and the King of France himself who was a great while averse to that business But now all those Towns of caution and safety the Hugonots had are dismantled besides they have no Garison any where so that they are to relie for the future soly upon the Kings savor wherby they are brought to a perfect pass of obedience which great Five Kings of France before the last endevoured to do but could never effect it Secondly France is far more powerful because of the three Keys which Richelieu said he had got viz. Brisac to enter Germany Pignorol to enter Italy and Perpignan to enter Spain at plesure having therby besides added to France the whole County of Roussillon Thirdly because he hath got in a manner all Lorain which was formerly a Countermure twixt France and Germany being engagd by homage to the Empire Fourthly he hath got the Garison of Strange Soldiers which were in Orenge to be dismissd and the Castle as good as dismantled which lying within the bowels of one of his own Provinces might be said to be another weakness to France He hath also got the Italian Garison in Avignon to be casheerd which also was another inconvenience to France lying within her Verge and hath made himself Master of the place though it was part of St. Peters possession above 300 years Lastly he hath Graveling with Dunkirk and other Towns in the Netherlands All which considered it may be said that the power of the Kingdome of France is much more improvd then it was formerly in many hundred years The eighth Argument Ab Opulentia Fertilitate from Wealth and Fertility IN one of the former Arguments we spake of the four Staple Commodities of France viz. Corn Salt Hemp and Wines To these may be added Silks Oyls Woollen Stuffs and Saffron All manner of delicat fruits as Orenges Lemons Cytrons The Lady Flora also hath one of her choicest houses of plesure there as well as Ceres and Bacchus ther being such abundance of choice fragrant flowers to be found in evry Garden As likewise all sorts of Edible Roots and Salade-Herbs Pomona also may be said to have her best Orchard there for the excellentst Cyder is made in Low Normandy and those who are habituated to drink it are observd to have cleerer Complexions then others who have only Wine for their drink Ther are not more delightful Medows and Fields on the surface of the earth such huge herds of Cattle and variety of Stuffs and Cloth made which makes Le. Drap de Berry in such high request with the most curious rich Sattins and Velvets of Tours Ther is not such a Beau-die such a Scarlet Die in any Country What thick swarms of Bees and delicat Hony is found in every Peasans Garden What delightful Woods and Lawns Chaces and vast Forests with whole Hosts of huge headed Deer and other Beasts for Venery range up and down Such Forests that the Sylvan Gods themselfs are seen sometimes to hunt in them As ther is a rare Passage recorded by the Bishop of Rhodes in his late Annals of Henry the Fourth that at a great appointment of Hunting one day in Fountainbleau as the King was in the heat of his chace ther was another cry of Hounds and Horns heard which afterward coming neer a black man plainly appeerd to all who cryed out three times Amendez vous Amendez vous Amendez vous and so he and his Hounds vanished The Wood-men and Officers of the Forest being questiond about it they answerd That that black man was often seen to hunt there with his Dogs and wold suddenly disappeer but he never usd to do hurt to any
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
Crown and Alliance but also for neerness in Blood Your Message in the first part is a Ceremony sutable to the affections and obligations of Princes to express the sense they have of the mortality of their Frends which Office is best performd by a person of noble rank capable of the impression wrought in noble hearts But the substance of your Ambassage is for the publik Peace and the interest of our Brother the Palsgrave and our dear Sister depending therupon To advance this great work you must with convenient speed fit your self for your journey and pass the Seas in a ship appointed to transport you to the Sound or the River of Elve as by the way you shall learn where our Uncle the King doth now reside When you are landed you shall forthwith give notice of your coming that your Reception may be with honor due to our Ambassador of your rank Then after your coming to Court you shall in our name demand Audience and then attend the Kings plesure for your access but you shall not visit any other until you have had the honor of his presence to whom you are employd At your first audience you shall deliver our Letter of Credence to our Uncle and then with a significant expression of our entire and cordial affection proceeding from the obligations of frendship you shall tell him what great sorrow we have conceavd together with him for the death of our dear Granmother the late Queen his Mother whose memory you must adorn with her stile and due Praises enlargd as the information of her Life and Death and your own Judgment will best direct This Office being performd with the King without any mention of other business at that time you shall address your self to the Prince if he be present or otherwise by special audience and deliver with our Letter of Credence our like condoleance with expression of our hearty affection as to a Kinsman whose prosperity and inward frendship we very much desire Our Letters to our Aunts the Kings Sisters you shall deliver afterwards with signification of our condoleance and of our love to either of them and if more of our Cosens be there you shall pass like Offices with them all Whilst you attend this Ceremony you are to inform your self by Avery who hath the charge of our affairs at Hamborough and is also chosen Commissioner for our sister what is done concerning that Portion of our Granmothers personal Estate which is due unto Us as by our Uncles own Letters now to be deliverd unto you may appeer Which Portion we have given entirely to our said Sister with order to her Commissioners to sollicit for the same at the appointed time and in case you find performance to our Sisters satisfaction according to our former Letters sent on her behalf you shall take notice of it and give our Uncle hearty thanks for his just favor and expedition But if you find refusal or delay for the discounting of such debt as upon former Treties and by his last Letters our Uncle doth demand you shall assure him that before the receit of those Letters which mention the compensation of such Debts We had conveyd by Deed of Gift to our Sister all our interest in the Goods and given warrant to her Commissioners to attend the division and we hope our good Uncle in his Royal justice and favor to our Sister his Neece and her many distressed children will not add affliction to affliction but rather give them help by his forwardness in this our gift which we can no more revoke If this prevail not you shall modestly demand what those Debts are wherof he expecteth compensation and therin to clear all misunderstanding you are thus to distinguish The Debts to which our Uncle pretendeth are of two kinds all contracted by our Father of blessed memory and not by us First our Father after that our Uncle had undertaken the German War sent Sir Robert Anstruther with an advance of forty six thousand pounds present moneys and promised to pay thirty thousand pounds monthly so our Uncle wold maintain one thousand horse and four thousand foot for restoring our Brother and Sister to all their Patrimonial Dignities and Estates If then our Uncle shall declare that this is the debt he pretendeth to defalque out of the divided Goods you shall with due respects and as it were unwillingly call unto his mind what manner of performance was found on his part and how little those designes have bin advanced for which our Father expressed his Royal affection by so large an offer which caused us at our coming to the Crown to send the Duke of Buckingham and Earl of Holland to meet our Uncles Ambassadors at the Hague to qualifie those indigested assumptions made de bene esse for the present without debate of Articles indifferent for both parts And then as our Uncle well knoweth we setled the accompt upon a new foot and therfore ought no more to be called back to those exorbitant demands which notwithstanding upon due calculation of all our disbursements in money and in charges of our Auxiliary aids and diversions we have so much exceeded That laying a side all exception for not performing conditions we have just cause to claim retribution or at least acknowledgment of well-deserved thanks and not to be now strained for compensation of those Debts Of our â—…ast expences ther hath bin a List transmitted to Avery from Sir Henry Vane wherof you may make use by a Copy to be now delivered unto you to acquit Us of those debts But ther is another debt for money borrowed by our Father which we do acknowledg both principal and interest and for liquidation therof have given former directions to our Ambassador Sir Henry Vane who is to meet the Kings Ministers at the Hague in his return out of Germany and to consider of a cours for our Uncles satisfaction according to his expectation and our desire Upon this meeting if otherwise you cannot you must discharge your self and having setled the division of the Portion and put off the accompts in this manner you shall afterwards proceed as you find time and opportunity to your more weighty negotiation concerning the common cause representing to that King our Uncle the present state of Christendome specially of Germany the seat of the War that upon a mature consideration therof both he and we may best advise how to govern our Proceedings as well for our safety as for our interests with others and chiefly for the obtaining of a sure peace which is to be desired for the common good To this purpose you shall move him to cast his eyes upon that progress the King of Sweden his Neighbour hath already made by his sword almost through the Empire beyond all mens expectation and to foresee in his great wisdome what the consequence will be if by victorious Arms he shall obtain power to give the Princes and States on both
sides what Law shall please himself which may reasonably be feared if no cours be timely taken for preservation of their rights by treaty or otherwise On the other side you may lay before him the power yet remaining in the puissant house of Austria with the dependance of Bavaria and other German Princes and how both sides are supported by forren assistants those with the money and countenance of Spain these with the actual arms of France besides the diversions of the Low Countries and Italy so as in all probability the War is like to last long and the balance may be swayd as other Princes put to their hands And the King of Swede having lately moved both the Princes and States of his alliance and others to joyn league for the liberty of Germany and for peace and inviting us to joyn therin and the Emperour also discovering on his side an inclination to treaty and to peace you must entreat for our better information our Uncles sound advice and how he stands affected and whether he be engaged in any such treaty with whom and how far and whether our conjunction with the rest will be desired To which we may by him be perswaded to apply our selves so as by the treaty the full restitution of our Brother and Sister to their Patrimonial Dignities and Estates being the only interest of our engagement may be effectually provided for If upon these intimations the King shall reveal unto you any overtures of a treaty already in hand and that therin our conjunction will be desired you shall with speed give us account of the particulars and of the grounds therof with all the circumstances of persons times and places that therupon we may send you such further powers and instructions for your proceedings with our Uncle and other Princes as with the advice of our Council we shall think meet Besides this main business other occasions may be apprehended there by you for the advantage of our service for iâ—… by conference with Avery you shall understand of any impediment or obstruction of the trade of our Merchants residing in Hamborough caused by any difference betwixt that King and the Town or by his pretence of commanding the River of Elve you shall do Offices in our name betwixt our Uncle and the Town to remove offences and to settle good agreement upon honorable terms for the King and so as an Innovation may not be made which may prejudice the intended treaty or which may restrain our Merchants from that freedome of trade there which they have enjoyed so many yeers And wheras by occasion of the War betwixt Poland and Sweden new Impositions are raised in the Pellow and elsewhere with other restraints of trade which in the end will force our Merchants and the Low Country-men also to seek the Commodities of Eastland in America to the great detriment of the Kings Customes at Elsenore you shall in this regard advise with our Uncle how the ancient freedom in like manner may be restored in that trade For Island you shall signifie to our Uncle that in conformity to his late Letters we have prohibited our subjects that Fish in those Seas or fetch Hawks from those parts either to export or import any Merchandise to hinder his Farmers not doubting of his gracious reciprocal favor to our said subjects in their lawful proceedings Concerning our Coller of Rubies which hath formerly bin engagd to raise moneys you shall inform your self by Avery how the case now stands and shall proceed as upon further advice therof we shall direct You shall keep good correspondence with our Ambassadors and Agents in all parts as occasion shall be offered but especially with Sir Henry Vane who is employed with the King of Sweden and with Sir Robert Anstruther at the Emperours Court. IOHN COKE By these two Presidents of Commission and Instructions we may see how exact and curious the English Court is in this point how quaintly such Publik Dispatches are couchd not so plain and flat with such superfluity of speech as I have seen the Instructions of other Princes stuffd withal We will to the Reception Attendance Treatments Gifts Lautia composing of Differences with other high civilities usd towards Forren Ambassadors in the English Court. Touching the first Ther are no Ambassadors whatsoever receavd more splendidly and with greater state both by water and land then in England For first he is brought in Royal Barges a good way upon a Noble Navigable River through a Forest of main Masts on both sides and landed at the stairs of a huge Tower in sight of a stupendious Bridg such as I may well say the world hath not the like Then is he conducted in the Kings Coach with a great number besides through the centre of the City of London to a house expresly provided for him if he comes extraordinary where he is magnificently treated for divers days upon the Kings charge Now the Rule of the Court is That the Ambassador of a King is to be brought in by an Earl at least an Ambassador from Dukes and Republiks to be brought in by a Baron T is a Rule also that no Ambassadors be allowd this honor at privat Audiences but only at the first and last publik or when any are invited to Dine with the King Moreover that no Ambassador except a Kings is to be met with the Kings Coach further off then the Tower-wharf And wheras the Coaches of other Ambassadors residing upon the place were usd to go to accompany the new-landed Ambassador from Tower-wharf which gave occasion of clashing for Precedeâ—…ce of Coaches as happened the last yeer twixt the Spanish Ambassador the Baron of Batteville and Monsieur Lestrade the French which flew so high that it went to effusion of blood and killing as it is mentiond before in the last Paragraph of the first Section more particularly Ther is an Act of State passd that all Forren Ambassadors shall forbear for the future from that complement of sending their Coaches to that purpose Well the new Ambassador being so housd is visited by persons of Quality as also by other Ambassadors Now it is a Maxime among Ambassadors That the first come is to visit the last come Touching Presents ther 's no Court goes beyond that of England It was a Rule that the French and Spanish Ordinaries were to have 4000 Ounces of Gilt Plate at their departure The Venetian Ambassador 2000 The Archdukes 1600 c. But by the Examples of other Courts ther was a retrenchment herof and it began first with Monsieur Buisseaux in King Iames his Raign who had but 2000 Ounces sent Him the Venetian 1600 and the Archdukes 1000 c. Touching divers sorts of Clashes Contestations Differences and Punctilios betwixt Ambassadors ther have bin as prudent and preventing courses taken in the English Court from time to time as in any other as will appeer in the printed Observations of that worthy Knight Sir Iohn Finets to