The Ninth Paragraph Touching the Prudential Laws and Constitutions of Great Britain relating to Prince and Peeple As also The Eminence and Variety of Honours which the King can confer c. VVHat the Arteries Nerfs and Cartilages are to the Body Natural the same are Laws to the Political they are the Ligaments of a Kingdom which connect and tie all sorts of peeple though of so many different humors in one Goverment and under one Souverain head The Common Law of England though in some things it differs from the Civil by which most parts of Europe are governd yet it hath the rationability and justness the general notions and aym of the Civil Law which is to preserve evry one in the possession of his own and the Souverain Prince in honour power and Safety The main quarrel against it is that it wants Method and that it is not reducible to any or capable to be digested into such a Pandect as the Civil Law is Wherunto it may be answered That the Common Law of England hath for its grounds 1. Custome 2. Iudicial Records And 3. Acts of Parlement or Statuts The two later being declarations of the Common or Customary Law of the Land are methodizd and digested to order as the book of Statuts c. whence the Sheriffs the Justices of peace and Constables with other Officers may learn their duties and how to execut their places and any subject els may know how to keep himself within the bounds of his obedience But the Common Law of the Land consisting of Cases Precedents and Judgments as also of Immemorial and Uninterrupted Municipal Customs which being no Written Things Therfore it is no wonder that the professors therof have not bin so curious to attempt hitherto the Methodizing of that Art which consists most of Custom and Usage yet fair Essays are made daily for better retaining the same in memory by putting particular Cases under general Rules wherof ther are divers Volums frequently publishd of late yeers Now the Laws of England look two ways either upon the Souverain Prince or upon the peeple Touching the later ther is no Law upon earth so careful and tender of a mans life or livelihood be he the meanest subject under the Crown as the Common Law of England is For wheras in other Countries a single Judge and Witness may take away ones life or estate wherof the one may be subornd the other corrupted t is not so in England but besides Witnesses and Judges ther be two sorts of Iuries one the Grand Inquest which consists of twenty four Gentlemen or able Freeholders to consider by a previous consultation of all Bills of Inditement to be preferd to the Judicial Court which upon strict examination they either approve and transfer to the Court by writing upon the Bill Billa vera or they disallow it by writing Ignoramus Such causes as they approve if they concern Life and Death are further referrd to another Iury to consider of because the case is of such importance but others of lighter moment are upon their allowance fined by the Bench without more ado Except the party traverse the Inditement or chalenge it for insufficiencie or remove the Cause to a higher Court by a Certiorari in which two former cases it is referrd to another Jury and in the later transmitted to a higher and presently upon the allowance of this Bill by the Grand Inquest the party is said to be Indited but such as they disallow are deliverd to the Bench by whom they are forthwith cancelld or torn The Indited party being to stand afterwards at the Bar and desiring to be tryed by God and his Country ther is a Petty Jury empannelld of Twelve who bear the publick repute of honest men and the Law of England is so indulgent of life that the prisoner may challenge or except against any to such a number and withal a Butcher who is inurd to bloud and slaughter is incapable by the Law to be a Jury-man for life So the said Jury after a strict and painful examination of the Fact with all the least circumstances therof deliver their Verdict according to their consciences wherby the Judg doth acquit or condemn the party according to the quality of the offence nor can any pecuniary Mulct satisfie for the life of any as it is in other Countries And as the Common Law of England is thus so tender of humane life so it is as cautious indulgent and careful of the livelihood and propriety of the meanest subject in the Land which in case of controversie is done also by Jury and put home to the Consciences of twelve indifferent good men and not left only to the breast and opinion of any one Judge be he never so learned and incorrupt The English Law likewise favors Widows and Orphans and the poor have Counsel appointed them gratis c. It appeers out of the premisses what a great regard the Common Law of England the Lex Terrae hath to the lifes and properties of the peeple in point of Justice Now in point of Reverence and Loyalty to the Souverain Prince which is more pertinent to this disourse ther is no Law hath higher regards likewise that way nor also to his honour and dignity to his welfare and safety to his Royal Prerogatives and glory which Prerogatives intrinsecally stick and are inherent in the Crown yet are they and the Liberties of the Subject determined and bound by the Law The Laws of England make the King their Protector and reason good for they are his own Productions t is he that puts life into them They bear such reverence to his person that in his Presence none can be seizd or violently layd hands on or arrested his very presence being a Protection for the time He who giveth but a blow to any in his Court the Law adjudgeth him to loose his Right hand The Law sayth that the King hath his Title to the Imperial Crown of Great Britain and to his Kingly Office and power not as a fiduciary thing conveyed from the peeple but by inherent birthright and inalienable heritage immediatly from God from Nature and from the fundamental Constitutions of the Land He hath not only Ius paternum a paternal power over his subjects but Ius despoticum herile he hath dominion over them which Dominion is devolvd upon him gratiâ Dei by Divine dispensation and favour Ther is no Alleageance or Fealty due to any other power but to the King The Law is so careful of the sacred person of the King that it reacheth unto the very thoughts and restrains them from machination of any evil against him For the Law says it is Treson to Imagine mischief against the King much more to attempt act and execute it The Common Law of England makes the King the Supreme and independent Governour And all other persons derive their power and authority from him either by his Royal Writ Patent or Commission
of England and Iohn 2. of Denmark and Norway 1490. England is put before France as for example Sancitum est quod Mercatores Homines Ligii Piscatores quicunque alii Reg. Angliae Franciae subditi liberè possint temporibus futuris in perpetuum ad Insulam Tyle i. e. Islandiam c. Augustus de Cavallis who is no obscure Author infers the Queen of England from her Ancestors both in respect of Inheritance Conquest and Gift to be Queen of France de Iure In the Treaty twixt Hen. the 7. and Philip of Castile 1506. the English Commissioners subsign'd first As also in the Treaty of Marriage with Queen Mary Anno 1533. the first Signature is given to the English Ambassadors When Queen Elizabeth employed the Earl of Derby the Lord Cobham Sir Iames Crofts Doctor Dale and Doctor Rogers in quality of Ambassadors with their Assistants to Ostend anno 1588. Dignitatis Praerogativa incedendo sedendo The Prerogative of going and sitting was given her Ambassadors In the Treaty at Bullen twixt England and Spain for renewing the Burgundian League Queen Elizabeth sent Sir Hen. Nevil Sir Iohn Herbert Robert Beale and Tho. Edmunds who in their Instructions had command in no case to give Precedence to the Spanish Ambassadors but being met ther was a Contest happend The English produc'd a Certificat procur'd privatly from Rome out of the Book of Ceremonies there which according to the Canon giveth the Rule in such cases That the King of England is to have place before the King of Castile That the English quietly held this Right in the Councils of Basil Constance and others They alledg'd also that the Kingdom of Castile which is the Spaniards first Title is but an upstart-in regard of England for it had no Kings but Earls till the year 1017. Moreover Pope Iulius 3. gave sentence for Hen. 7. of England against Ferdinand of Spain in this particular c. Furthermore for Eminency of Title Great Britain is oftentimes calld an Empire by Forren Authors nay Pope Urban terms it a World of it self at the Council of Clermont almost a thousand years since wherin the Archbishop of Canterbury is call'd Alteterius Orbis Papa The Pope of another World What wold he say now that Ireland and Scotland are added Some of the Saxon Kings stil'd themselfs Emperours as Ego Ethelredus Ego Edgarus Anglorum Induperator c. William the Conqueror writ Ego Willielmus Rex Anglorum ab incarnatione Domini 1089. 2 Anno mei Imperii This is found upon record in his Charter to the Monastery of Shaftsbury In Hen. 8. Raign the eighth year thereof England was declar'd an Empire in Parlement where he had also these Epithets Metuendissimus Praepotentissimus and London was call'd the Imperial Chamber But most memorable is that of King Edgar in the Charter that he gave the Church of Worcester Which Charter is yet extant and runs thus Altitonantis Dei largifluâ clementiâ qui est Rex Regum Ego Edgarus Anglorum Basileus omniumque Regum Insularum Oceanique Britanniam circumjacentis cunctarúmque Nationum quae infra Eam includuntur Imperator Dominus Gratias ago ipsi Deo omnipotenti Regi meo qui meum Imperium sic ampliavit exaltavit super Regnum Patrum meorum Qui licet Monarchiam totius Angliae adepti sunt à tempore Athelstani qui primus Regnum Anglorum omnes Nationes quae Britanniam incolunt sibi Armis subegit nullus tamen Illorum ultra ejus fines Imperium suum dilatare aggressus est Mihi autem concessit propitia Divinitas cum Anglorum Imperio omnia Regna Insularum Oceani cum suis ferocissimis Regibus usque Norwegiam Maximamque Partem Hiberniae cum sua nobilissima Civitate Dublinia Anglorum Regno subjugare Quos etiam omnes meis Imperiis colla subdere Dei favente gratia Coegi Quapropter ut Ego Christi Gloriam laudem in Regno meo exaltare ejus servitutem amplificare devotus disposui per meos Fideles Fautores Dunstanum Archiepiscopum Ayeliolanum ac Oswaldum Archiepiscopos quos mihi Patres Spirituales Consiliarios elegi magna ex parte disposui c. Facta haec sunt anno Dom. 964. Indictione 8 Regni Ego Alfrye Regina consensi signo Crucis confirmavi ✚ This being so ancient a Record and of so high a Tenure I thought good to render it into English for the satisfaction of the Common Reader By the clemency of the high-thundring God who is King of Kings I Edgar King of the English and of all Kings of Ilands and of the Ocean circumjacent to Britain and of all Nations which are included within her Emperour and Lord I give thanks only to Almighty God my King that he hath amplified and exalted my Empire above the Kingdome of my Fathers who although they had obtain'd the Monarchy of all England from the time of Athelstan who was the first that subdued the Kingdom of the English and all Nations who inhabit Britain yet none of them attempted to dilate his Empire beyond its bounds But propitious Divinity hath granted unto me to subjugat together with the Empire of the English all the Kingdomes in the Iles of the Ocean with their most ferocious Kings as far as Norway and most part of Ireland with her most Noble City of Dublin All whom I compell'd to bow their Necks to my Commands the Grace of God so favouring me c. This King Edgar though very little of stature was so magnanimous and successful that he was Row'd upon the River of Dee by four subjugated Kings whereof Kennad King of Scots was one Ther is also a very remarkable and authentic story of King Canutus afterwards who being upon Southampton-Strand at the flowing of the Sea he sate in a Chair of State which was brought him upon the sands and the Billows tossing and tumbling towards him he gave the Sea this command Thou art my Subject and the Earth wheron I sit is mine and ther was none yet that ever resisted my Command who went unpunish'd Therefore I command Thee that Thou come not up upon my Earth nor presume to wet the Garment or the Body of thy Lord. But the Sea continuing his cours dash'd and wetted his feet and thighs illfavouredly without any reverence or fear whereupon the King stepping back declar'd That none is worthy of the Name of a King but only He whose Nod both Sea and Earth observd And as the story hath it he never wore the Crown of Gold again but being fix'd to a Cross did consecrat it to the Image of our Saviour Ther have been also Titles of Dignity given to our Kings in the Abstract which hath more of State and Substance in it then the Concret as Celsitudo Tua Magnitudo Tua given by the Pope in his Letters to Ed. 2. And Edward the 4. was us'd to write Nostra Regia Majestas though indeed that word
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
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
meum apponerem consuetum Testes qui fuerunt praesentes ad ista unà mecum sunt Dom. frater Martinus Lupi Magister Militiae Domus de Alcantara Ordinis Cistern Rogerus Dom. de la Wara Gomeicus dicti Dom. Regis Magister Paulus Gabrielis Civis Ispalensis Iohannes Guttern Decanus Ecclesiae Segobien Magister Robertus Fregand Notarius Cancellarius Domini Principis Aquitaniae Walliae supradicti Then the Great Seal of Castile and Leon was affixd By vertue of this Charter legally made to King Edward and the Prince his Son and to their Heirs and Successors Kings and Princes of England for ever it is therby granted that whensoever it shold please them to be in person in the Wars with any King of Castile against the King of Granada or any other Enemy of the Christian Faith They shold have the First place in the Vangard above all other Princes of Christendom and although neither of them were present yet ther shold be always provided by the Kings of Castile and their Successors a Standard of the Arms of England to be born in the same place This Instrument was made after that the Black Prince had done the Work and restord Don Pedro to his Kingdom therfore he passd it as a Monument of eternal Gratitude unto him But before the Prince uudertook the business ther was also a Bond from the King to pay so much money for defraying the Princes Army and in consideration also of this undertaking it was legally agreed that the Prince shold have the Castle of Vermeo de la Quet Bilbo Biscay and the Castle of Ordials A tenir perpetuellement à li ses Heirs Successeurs pour doner là où luy plerrà to be held perpetually by Him and his Heirs and Successors and to give to whom he pleasd All which was ratified under the Great Seal of Castile and confirmd by Oath upon the holy Sacrament in the great Church of Burgos The Original of which Instrument remains yet in Thes. Regio apud Westm. We will pass over the Exploits done in Armorica or Little Britany and cross over to a tougher Peeple the Scot who though Conterranean and our neer Neighbours yet they did always confederat with the French against England and England still boar up single and victoriously against both of them For when Scotland was at the highest pitch of power when she had active and boysterous Kings to her Generals and the French for her Coadjutors and Auxiliaries as also the Danes in Ages past yet the English carried away many fair Victories with divers of their Kings Prisoners As will appear by a short Survay we shall take of such Battails and Warlike Encounters which intervend from time to time twixt the two Nations We will begin with that famous Battail twixt King Athelstan and them when they had a great Army of Danes joynd with them and being twice in number more then the English yet King Athelstan obtaind a signal Victory both by Prowess and Policy for the two Armies being ready to joyn the English made semblance to flee away leaving their Bagage behind which as the Scot and Dane were a sharing the English did suddenly wheele about by the advantage of a Woody Hill and finding them in disarray and laden with Booty they rushd upon them with such a Resolution that above 40 thousand of them and as Buchanan their chief Chronologer hath it the flower of their Nobility perishd there at that time The first Fire-ball of War which was thrown twixt both the Nations since the Norman Invasion was in William Rufus his Raign when the Scot having made divers Incursions into the English Borders Moubray Earl of Northumberland was sent against them who incountring their King Malcolm with his eldest Son in the Field they were both slain and the whole Army overthrown In King Stephens days Thurston then Archbishop of York was sent with an Army against the Scot who meeting the King himself in the head of his Forces utterly routed him with the death of above 10000 of his Men. Henry the second employd only the Knights of Yorkshire as Humphry-vile Scuttvil and Vescy to make head against the Scot which they did with such Valour and Success that they took the King in the Field and as a Trophy of their good Service and Victory they presented him Prisoner to the King at Northampton whence he carried him along to attend him in his French VVars William the Scots King attended Richard the Lion-hearted at his second Coronation when he returned from the Holy Land and carried the Sword before him bare-headed Edward the first calld in story and as his Tomb in Westminster tells us Scotorum Malleus the Hammer of the Scots summond King Baliol to Newcastle to swear Fealty unto him but fleeing afterwards to the French King at his return King Edward summons him again to Berwick where he re-submitted himself with all his Nobles in open Parlement which King Edward held there and for Caution brought Baliol along with him leaving the Earl of Surrey Warden of Scotland Then started up a notable Blade one Wallis who notwithstanding that King Baliol was Prisoner in England gatherd such a strength that causd King Edward to go again in person and at Fonkirk Battail killd outright 200 of their Nobles and Gentry with about forty thousand Common soldiers Then he summons a Parlement at Edinburgh where all the Scots Nobles swore Fealty to him and then he carried away thence their Great Charter calld the Ragman-Roll the Black-Cross and the Stone wherein they believe the Fate of Scotland is fixd Then ther was a third Provocation offer'd for le Bruce was crownd King of Scotland wherupon the Earl of Pembrook was sent against him who utterly defeated him at Iohnston yet all was not quiet but King Edward was forcd to make a fourth expedition thither in person when he constraind le Bruce to flee away to Norway where he blew on his Nayls while King Edward liv'd But Bruce being come back and Usurping during Edward the seconds time who we read was so infirm and infortunat a King his Father Edward the third restord Baliol by force of Arms and made him swear Fealty to England again But some yeers after King Edward being deeply engagd in the French Wars David the next Scots King rush'd into England with about sixty thousand men being confederat with the French King to divert the War there But Queen Philippa with the Archbishop of York and the Lords and Knights of the North encounterd this huge Army and utterly defeated it one Copland taking the Scots King Prisoner whom he he reservd for a present to give King Edward when he came from France and to keep company with Iohn the French King who also was taken Prisoner by the Black Prince And there were but six weeks difference of time twixt both Victories In Richard the seconds Raign the French King sent his High Admiral with a thousand
two of the fairest flowers in the English Crown in lieu wherof it may be sayd ther is set in an ear of barly with a Chimney Wallflower ther is froth and fume given in exchange which doth so much sully the luster of it for as I intimated before the state and plenty of the Court was accounted the greatest glory of the Crown of England as Forren Authors of most Nations do acknowledg in their public Writings Now wheras some do affirm that the yeerly benefit of the Excise doth make a full compensation for the Court of Wards and tenures in Capite out of which ther was also computed fifty thousand pounds yeerly towards the Diet at Court It is too well known that the said Excise doth not make the King any Equivalent satisfaction for his Tenures alone if well managd much less for his Pourvoyances Preemptions and Carriages For ther was an exact account made by his Majesties special command of the last yeers expence that ther were Seventy three thousand six hundred and seven pounds fourteen shillings and seven pence spent more in the Court-diet and provision of the Stables then were in the time of Pourvoyance besides the extraordinary charge of Carriages for his Removes and Navy Royal. Now in expending those provisions that were servd into the Court by way of Pourvoyance and Composition ther was the greatest care and Oeconomical good husbandry usd that possibly could be for when ther were more Beefs and Muttons with other provisions servd in then the Court wanted The faithful Officers of the Green-cloth caused them to be Sould and with the moneys arising thence they were commonly usd to buy Napery and other Houshold-things for the service of the Kings House as also in paying the arrears of som of his Servants wages with the surplusages But now that we dance after the French Fiddle so fast as we always did so for the back and now begin to follow him also in things relating to the Belly by Board-wages c. I wish the time may not come that we do not follow him too farr As that one cannot put a grain of Salt in his pot unless he buy it of the King wherby in making Salt his own Commodity the French King raiseth by the meer Gabel which ariseth thence above 20 millions of Livres evry yeer which is two millions Sterling which sum is twice more then the King of Great Britain hath from all Incoms whatsoever as Crown-lands Customes and Imposts Excise and Chimney-money with other perquisits and casualities And as the French thus cannot put a grain of Salt in his pot so the Spaniard cannot put a corn of Peper into his Olla unless he hath it from the King Nor can he buy a pair of Cards or Dice to pass away the time withal unless he hath them of the King Nay he cannot buy half a sheet of Paper to write either Bond or Bill Acquittance or Receit or other legal Instrument but he must buy all of the King Which adds millions to his yeerly Revenues yet the peeple of Spain are cryed up for a free peeple But touching the Imposition of Excise which is given the King for his Royal Tenures and House-keeping I well remember the time that Excise was held such an abominable word that my Lord Carleton but only for naming it once in the Parlement-House yet to no ill meaning at all was violently cryed to the Bar and though a person of that eminence as being then a Privie Counsellor and principal Secretary of State he hardly escapd being committed to the Tower The Excise was then calld the Dutch Devil because it came first from Holland with other fine words as plunder storming c. which were all made free Denizons of England by that so longd-for Long Parlement And observable it is that the first imposing and use of Excise in England was to enable Rebels to make War against their King and Country Having thus briefly run over the Sumptuary part of the English Court we will now proceed to the Servants and Officers to the Attendance and State thereof which comes not behind any other Court whatsoever And this might be the ground of that ancient Proverb in England and nowhere els There is no Fishing to the Sea nor Service to the Kings The Court is the randevous of Vertu of Cadets and persons well qualified It is the Scale by which they rise the King being the fountain of Honour as well as of Bounty But before we come to speak of the Officers at Court and of their Diet and Bouche which by a pitiful corruption is vulgarly calld budg wheras it is bouche a mouth therfore it is a French phrase Il a bouche à la Cour He hath a mouth at Court viz. he hath a Diet I say before we come to speak of the Dishes and Diet at Court let the Reader take this small Advertisement in the way that evry Dish at Court was computed to cost the King viis modis at the years end 100 l. a dish But now since the Preemption and Pourvoyance is taken away evry dish doth stand in four times as much at least The Kings Court or Houshold The Lord Great Chamberlain and Earl Marshal are rather Officers of State and as it were extraneous in relation to the Houshold so in a manner are the four Officers of the Crown who use to have Houses abroad viz. The Lord Chancellor or Keeper of the Great Seal of England The Lord high Tresurer The Lord Privie Seal The Lord high Admiral But the properst Domestick Officers are as follow viz. The Lord Steward of the Houshold who hath allowed him evry day besides his Fee 32 dishes The Tresurer of the Houshold 32 dishes and besides his table he hath a Fee of 123 l. 14 s. 4 d. The Controuler besides thirty two dishes a day hath a Fee of 167 l. 17 s. 4 d. The Cofferer besides his Table hath 100 l. The principal Secretary of State hath besides his Table 100 l. The Secretary for the Latin Toung Fee 40 l. The Secretary for the French Toung Fee 66 l. 13 s. 4 d. The Clerks of the Signet Fee every one 40 l. Four Clerks of the Privie Council Fee evry one 50 l. Clerk of the Council in the Star-chamber Fee 26 l. 13 s. 4 d. Two Clerks of the Parlement Fee The first 40 l. Two Clerks of the Parlement Fee The second 10 l. Clerk of the Market Fee 20 l. Post-master Fee 20 l. Thirty standing Posts appointed by the Post-master evry one Fee 18 l. 5 s. Two Carriers To one 24 l. 3 s. 4 d. Two Carriers To the other 12 l. Officers above Stayrs Lord Chamberlain of the Houshold besides his Table of thirty two dishes a day hath a Fee 100 l. The Groom of the Stole who is always a Gentleman of the Bed-chamber hath evry day 32 dishes Vice-chamberlain Fee 100 Marks Knight-Marshal Fee 100 Marks The Gentlemen of the Privie Chamber whose
kinred Nemo debet his puniri pro uno delicto No man is to be punishd twice for one offence Nemo potest plus juris in alium conferre quà m Ipse habet No man can transfer a greater power to any other then he hath himself Nemo tenetur prodere seipsum No man is bound to betray himself Omnia quae movent ad mortem sunt Deo danda All things which cause death are forfeit to God Qui non habet in aere luat in corpore Where the purse cannot let the body suffer Qui peccat ebrius luat sobrius Who offends when he is drunk let him be punishd when he is sober Qui sentit commodum sentire debet onus Who receive the benefit ought to feel the burden Quod semel meum est ampliùs meum non est That which was mine is none of mine Stat praesumptio donec probetur in contrarium A presumption stands till the contrary be provd Ubi non est principal is ibi non potest esse accessarius Where ther 's no principal ther can be no Accessary Unumquodque dissolvitur eo ligamine quo ligatur Evry thing is untyed as it is bound Par in parem non habet Imperium Equals cannot command one another Nemo dat quod non habet No man can give that which he hath not And this doth hold also in Heraldry therfore the Knighthoods with other Honors that Cromwel was so free to confer are void in Law because he was never Knight himself By these few Principles with multitudes more it appeers that the Common Law hath much affinity with the Civil wherof ther are as learned Professors in England as any where els Whence it may be inferrd that the King of Great Britain is supplied with more helps for the administration of Justice then any Nation in the world besides For in regard that England is an Iland having such a great Trade at Sea and so great dealing with divers other Nations Having also besides Land-matters both Temporal Ecclesiastical and Maritime which are not so proper for the Common Law He allows of the Civil Law answerable to the quality of the Case which hath bin practised in England beyond the memory of man or the reach of any Record And though ther happen oft some Emulations and high Contests betwixt these two Professions yet such hath bin the prudence of the Souvrain Prince to keep them both in as equal a Balance as could be and not to suffer the one to insult or encroach upon the other but to have the same freedom of study and practice to the universal good of Forreners as well as of his own Subjects And so much concerning the National Law and Prudential Constitutions of England The Tenth and last Paragraph Touching the greatness of Power of Military Might and Puissance by Land and Sea as well Defensive as Offensive c. of the King of Great Britain THe Duke of Rohan in his Book calld Les Interests des Princes The Interests of Princes saith that England is like a great Animal that cannot die unless he kill himself He acknowledgeth Her also to be Latroiseâ—…e Puissance the third Power of Christendom But by the Arguments that shall be producd in this Paragraph I believe it will appeer to any discerning and unbiassd Reader that England taking her Kingdoms annexd along with her strength at Sea as well as shore will be inferior to none Ther was a Comparison made long since That Gallia Hispania sunt quasi lances in Europae libra Anglia est lingula sive libripendens That France and Spain were as the Scales of the great Balance of Europe and that England was the Toung or Beam of the Balance which keeps it in aequilibrio in an even counterpoise that neither side shold be trabâ—…ccant This hath bin often verified specially in the Raign of Henry the eighth whose Motto was Cui adhaereo praeest He to whom I adhere prevails He wold somtimes make Francis the first to weigh down somtimes Charles the fifth And touching the former He acknowledgd King Henry under God to be the chiefest Deliverer of Him and his Children from his captivity in Spain And so likewise did Pope Clement when he was freed from the Castle of St. Angelo where Charles the Emperour had coopd him up Therfore was Henry of England calld Liberator Orbis by the whole Confistory at Rome as he was before Protector of the great Clementine League And indeed the Arbiter of all Christendom in his time Touching the Martial Might of the King of Great Britain we will first examine that of England which we must distinguish into Intrinsecal or Terrene And into Extrinsecal or Maritime Concerning the first ther are five Counties alone can put into the Field fourty thousand men all armd for so many are listed in the Muster-makers Book as Traind-Band-men viz. the County of York 12000 Kent 8000 Norfolk 〈◊〉 and Devonshire above 6000 apiece And the rest of the Counties whereof ther are fourty seven may have twice as many at least which come to a hundred and twenty thousand Soldiers eâ—…olld and ready upon all occasions either for general service or privat in the Counties where they are for assisting the Sheriff and other Officers in the execution of the Law in case of any resistance therfore are they calld Posse Comitatuâ—… The power of the County So that in time of peace England alone hath an hundred and twenty thousand Soldiers enrolld besides those in Ireland and Scotland And in time of War the late bloudy Rebellion bleeding yet in the purses and estates of many thousand poor Cavaliers hath sufficiently tryed the strength and wealth of England For ther was a computation made at one time of those that were in actual Arms for King and Parlement and they came to neer upon two hundred thousand fighting men under Commission wherof ther were about fifty thousand Horse and Dragoons And I do not remember to have read that in the time of the famous Ligue in France ther were so many take in strangers and all Hence we see that the King of Great Britain may be said to have a constant standing Army in time of peace of which he hath the sole disposing For the Sword is his as much as the Scepter and the Crown which are inalienable from his power and incommunicable to any other but by his Royal Commissions And indeed t is the Sword that makes all Kings powerful The Crown and the Scepter are but impotent and poor unweildy things they are but naked Indefensible badges without it Ther 's none so filly as to think ther 's meant hereby an ordinary single sword such as evry one carrieth by his side Or some Imaginary thing or Chymera of a sword No t is the publik Polemical Sword of the whole Nation It may be calld an Aggregative or compound Sword made up of all the Ammunition the Artillery Pikes Muskets Helmets Headpeeces with all kind of armes
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
we think that Right to appertain still to the Crown of England notwithstanding that the Territories and Dominions of the Kingdome of Spain be propagated and amplified which in the right estimation of things prevails not or ought to prevail twixt Christian Princes touching this question For then other Kings and Princes would assume a right of Precedence above others to whom now they grant it ever and anon if their Dominions increase Moreover touching this present controversie about Precedence ther is another thing which doth not unworthily offer it self to be examined by your Judgements which is That one of Us which the most serene Queen our Mistress hath chosen her Ambassador to conclude this Treaty of Peace is one who daily resides in that quality in the Court of the most Christian King which Dignity with all Prerogatives he retains as long as he sojourns in France But the first of you although he be Ambassador to the Catholick King with the most serene Archduke and being out of the Dominions therof he puts off that quality and dignity We think also that our Ambassador in whom this Dignity is multiplyed and shines more ought by right to be preferred before any that is appointed by a single and bare title onely for this great Treaty Therfore if you please let this Question be pretermitted with deep silence and let this Prerogative remain and dwell in the most serene Queen our Mistress to whom it justly belongs and appertains so we shall more cheerfully apyly our selfs to the business for which we are come All this we desire may be candidly and frendly accepted according to the prudence and moderation of your illustrious and magnificent Lordships as proceeding from the Observances and Religion of our Office not with any dessein to consume time or raise contentions Bullen 26 Maii 1600. Henry Nevil Iohn Harbert c. The Spanish Ambassadors made an answer herunto which we reserve for the third Section wherin the Arguments of Spain for Precedence are set down wherof one of the strongest he urgeth is the Multiplication and encrease of Dominions which according to Besoldus and Cassaneus with other great Civilian Jurists is no Argument at all in regard it doth not hold among ordinary Nobility As for example He of Arundel is first Earl in England He of Angus in Scotland And He of Kildare in Ireland by the Laws of Heraldry and Hereditary Right Put case that some other of their fellow Earls in either Kingdome shold grow richer and have more Mannors Possessions and Lordships yet they will not offer to take place or precedence so the Argument may hold A minori ad majus For if it be so among Noble-men much more shold this Rule have validity among Souvrain Princes I will go on with a passage that happend in Paris a little above twenty years since Hugo Grotius residing at Paris in quality of Ambassador for the Crown of Sweden attempted to make his Coaches go before those of the Earl of Leicester pretending a right of Precedence because the King of Sweden whom he represented was King of the ancient Goths and Vandals c. which was under favor but a feeble Argument For ther were Kings of Great Britain thousands of years before the Goths or Vandals were scarce known to the Christian world nor do any stories make mention of them until a little after the declinings of the Roman Empire about the year 350 from the Incarnation nor came they to be Christians till a long time after And it is the Position of Grotius himself in his Book de Iure Belli Inter Reges quâ—… primo Christianismum professi sunt praecedunt Who first professd Christianity ought to precede Moreover the King of Denmark entitles himself King of the Goths and Vandals as well But my Lord of Leicester carried himself so like himself that our Swedish Ambassador was put behind with a Disgrace somewhat answerable to his Presumption and to the explosion of the Spectators Now Let the prudent and unpassionat Reader weigh with leasure the foregoing Particulars and reserve his Judgement till he hath run through the Reasons and Arguments of the other two Kings in order to a Precedency T is time now to cross over to France and produce the Arguments of that King faithfully extracted out of the most receavd and celebrated Authors who assert his Right to sit next the Emperour upon all occasions As Cassanaeus Ferhaut Besoldus Carolus de Grasseliis Hierome Bignon Pierre Matthieu c. And let this be a close to the First Section The second Section Consisting of the Reasons wherby the French King pretends and claims Priority of Place and Proximity of Session next the Emperour at all Solemn Meetings and in all publik Transactions of State c. Which Reasons In regard they lie confusd and scatterd in other Authors we will reduce to Ten Heads or Arguments wherof the first shall be drawn 1. A Nobilitate Regni from the Nobleness of the Kingdome 2. The second A Nobilitate Regionis from the Nobleness of the Country 3. The third A Noblitate Regiminis from the Nobleness of the Government 4. The fourth A Religione Nobilitate Ecclesiae from Religion and the Nobleness of the Church 5. The fifth A Nobilitate Gentis multitudine Subditorum from the Nobleness of the Nation and multitude of Subjects 6. The sixth A plenitudine Regiae Potestatis from the absolutness of Regal Authority 7. The seventh A Potentia ipsius Regni from the Power of the Kingdome it self 8. The eighth Ab opulentia ipsius Regni from the Riches thereof 9. The ninth A Fortitudine Rebus in Bello gestis from Valour and Exploits done in the War 10. The tenth and last Argument shall be drawn ab Exemplo Antiquitate from Examples and Antiquities Of the first Argument A Nobilitate Regni from the Nobleness of the Kingdome THer is a speech drawing neer to the nature of a Proverb Great Britain for an Iland France for a Kingdome Milan for a Duchy and Flanders for a County or Earldome are preferrable before all other They are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in their kind this shews the supereminence of the Kingdome of France Ther is also a signal saying of the Emperour Maximilian the first who being in some Critical Discourses with his Lords about the Dominions of Europe broke out into this high Encomium of France That if it could stand with the Order of Nature and the Plesure of the Almighty that any mortal Man were capable to be a God of the Elementary world and that I were He I would so make my last Will and Testament in the disposing of my Estate That my eldest Son shold be God after me but my second shold be King of France This saying or excess of speech must be interpreted with a sane sense for the Emperour meant nothing els hereby but to intimate his opinion touching that potent and noble Kingdom which Kingdom hath continued an Heredetary
great many by the Kings favor are daily ennobled Such a gallant Goverment France hath for the common Incolumity and publik defence of the Country and for the employment of the Gentry who are more numerous there then in any Kingdome els wherby the tru Rules of Policy are observd that shold be in a Monarchy which are For the King to command The Nobles to execut and The Peeple to obey and indeed the Peeple shold know nothing els but how to obey Now one of the prime Principles in France is to keep the common Peeple under a perfect subjection so that they may not be able to do any hurt And if they are kept poor hereby let them thank themselfs for if they were pamperd with wealth They wold be ever and anon kicking at Goverment for we know ther is not a more instable hair-braind Monster in the world then the Common Peeple as England of late yeers hath had such woful experience Touching the Civil Goverment of France and administration of Justice it is of that high esteem that divers Forren Princes have referrd their Causes to be determind to the Court of Parlement in Paris as a Consistory of high Reason and Integrity It stands upon record how the Emperour Frederik the second referrd the controversies betwixt him and Pope Innocent the fourth touching the Kingdome of Naples to the decision of this Court En dernier ressort to pass a Definitif unappealable Judgement The Count Namurs in a Difference twixt him and Charles de Valois did cast himself upon the verdict of this Court Philip Prince of Tarentum overcame the Duke of Burgundy in this Court touching the Expences he was at in recovering the Greek Empire The Dukes of Lorain have in divers things stood to the Arbitrament and Justice of this Court They of Cambray when they were a Free Peeple have been willing to be tryed by this Court The Confederacy also of the Kingdome of Castile and Portugal was confirmd by this Court. Now the reason why this Court gains such a high Repute is That none are admitted to sit in that Tribunal but persons of known Integrity Erudition and Gallantry which made Henry the second as Lansius hath it when by the importunity of a great Princess he had recommended one to sit there and being a person but of shallow parts and so rejected the King said merrily Ie pensois que parmy tant de Ginets un Asâ—…e pourroit bien passer I thought that among so many Ginets one Ass might have passd well enough Besides this of Paris ther are divers other Courts of Parlement and Praesidial Seats dispersd up and down the Country in such a convenient distance that the Client may not be put to make long Journies for Justice and that the Poor be not oppressd by the Rich for want of means to make such long Journies wherby they suffer the suit to fall as many use to do in England in the remotest places from London for want of such Courts I will conclude also this third Argument with some choice Verses of Ludovicus Bologninus a celebrated Civilian Francorum Reges sacro sub nomine nati Consilio semper valuerunt semper Armis Sanctaque fautores Bonitatis Iura tenentes Appellat Romana suos Ecclesia gnatos Et Primogenitos tali sunt nomine digni His Deus Imperium dedit sua Iura tuetur Unguntur sancti fiunt quicunque creantur The fourth Argument A Religione Nobilitate Ecclesiae from Religion and Nobleness of the Church SOme Authors affirm that when our Saviour sufferd upon the Cross He lookd towards France whence they infer that it was a blessed Omen that Christian Religion shold florish most in that Kingdome Moreover it is a rare and indeed an unparallelld thing that ther was in France before the passion of our Saviour a Church viz. Ecclesia Carnotensis as it remains upon good record which was dedicated Virgini Pariturae to the Virgin that shold bear as we read ther was in Greece an Altar erected 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To the unknown God This made the Emperour Iulius Caesar who had felt the pulse of that peeple more then any other to give this Encomium of them in his Commentaries Natura est omnium Gallorum admodum dedita Religioni T is the nature of all the Gauls to be much addicted to Religion As in the dark times of Paganism they were observd to be so devout so since the glorious Light of Christianity did shine upon the Flower de Luces the French Nation hath bin found to be transported with an extraordinary zeal to Religion And this Heavenly Light began to shine and shoot its Rays betimes for we read that Iraeneus one of the first Primitive Fathers was Bishop of Lions and he was Disciple to Polycarpus and Polycarpus was Disciple to St. Iohn the Evangelist by whom he was sent from Asia among the Gaules for the plantation and propagation of Christian Faith as St. Hierome relates St. Hilarius who was another Father of the Primitive Church was also Bishop of the Picts in France where he composd his excellent Works which are partly Expository partly Controversial though ther occur often some African barbarous Latin words in them as disfrocite for degenerate Zabulus for diabolus c. What a multitude of Hevenly Martyrs hath France had for in all the ten Persecutions ther were some of them signd still their Faith with their bloud In the Emperour Valerians time ther were famons French Martyrs as Florentius Bishop of Vienna Pontius Cassius Victorinus Liminius Anatolianus with others whom Gregory Turonensis mentions and whose names are enrolld in the Catalog of Saints to all posterity And this was a little before the unluckly Novatian Heresie crept into France and infected divers other Countries Nay to go higher up and to the very source of Christianity ther are some Authors who avouch that St. Paul was in France and that the chief Church in Vienna was built by him as this ancient Verse there engraven shews Paulus praeco Crucis tibi dat primordia Lucis Ther be other Authors who affirm that St. Peter also was in France And that ther landed at one time in Marseilles Lazarus Mary Magdalen Martha and Marcella as it is recorded in a Manuscript of the English History in the Vatican wherof Baronius makes mention And about that time Ioseph of Arimathea that Noble Decurion passd through France into Britain with the foresaid Marcella who was she that is mentiond in the Gospel who being divinely inspird cryed out with a loud voice when Christ was preaching Happy is the womb that brought Thee forth and the paps that gave Thee suck Spencaeus also makes mention that St. Luke was in France As also Savinianus one of the 72 Disciples and Martialis another of them who some do affirm to be He who sold the five Barly Loaves and the two Fishes wherwith our Saviour fed five thousand And if the Holy Reliques of
number above a thousand for one T is tru that such imaginations as these did much distract them a while but at last their courage and constancy was such that they broke through all these dissi culties And touching that huge mass of peeple in America as a wild boistrous Boar taken within the toyls doth foam struggle and turn about to try all ways how he may get out at last when all will not serve and having wasted his spirits he lies down with quietness and despair putting himself upon the mercy of the Huntsmen so the wild American having tryed all ways of opposition lay down at last succumbent and prostrat at the Spaniards feet and for a reward of their indefatigable pains and prowess the Divine Providence gave them afterwards Mines and Mountains of Tresure yea Rivers running with Gold Seas full of Perl with all sorts of Gems and precious stones all kind of Aromatik Spices sweet Woods with a world of new Species of Birds Beasts Plants and Fishes which Europe never knew But what Exchanges and recompence did Spain make to America for all this Marry she affoorded her a far more precious Jewel which was Christian Religion Praequa quisquiliae caetera In comparison wherof all other things are but Bables And what a world of pious pains did the Spaniards take to plant that Tree of Life among them It is recorded by Boterus that one Franciscan Fryar did baptise about 400000 Savages in the sacred Laver of Regeneration insomuch that one may now travel thousands of miles in America and very frequently meet with Christian Churches Chappels Monasteries Convents Nunneries Towns Villages Castles Forts or Bulwarks as he goes along What a coyle do the Historians keep about the Achievements of Alexander the Great We well know that he subdued but part of Asia But here a new world is conquerd about thrice as big as whole Asia Therfore the Kings of Spain may be only said to have done Miracles in steed of Exploits And as God Al mighty when He builds creates no less then a World when He is angry sends no less then an Universal Deluge when He confers Grace doth sacrifice no less then the prime Son when He rewards gives no less then Paradis when He wars sends no less then Legions of Angels making also the Elements to fight the Sea to open and the Sun to stand So if Finite things may bear any proportion with Infinit the Kings of Spain have bin desigud to do mighty things if not miracles when They build they build no less then an Escurial if They are angry they drive forth whole Nations as the Iews and Moors if they provide for the publick good they sacrifice no less then their own Sons if they take Arms they conquer not only whole Kingdoms but new Worlds insomuch that the King of Spain may be according to the Proverb truly called Rex Hominum the King of Men wheras those of England and France are calld the first King of Devils the other King of Asses It is the King of Spain alone to whom the Gran Mogor and Sophy use to send this superscription To the King who hath the Sun for his Helmet alluding to his vast Dominions in all parts of the world and that the Sun doth always shine on some of them besides it is no mean preeminence to the Catholik King That God Almighty is servd evry hour of the Natural Day in some of his Territories Therfore it can be no derogation from any other Monark if for Glory and Amplitude of Dominions for Men and Mines for fulgor of Majesty and Power for Islands and Continents for a long Arm and Sword the Catholik King be preferred before any other Prince or Potentat upon the Terrestrial Globe take both the Hemispheres together Argum. 6. Proving That the King of Spain may challenge Precedence for Nobleness of Family as also for Royal Arms and Ensignes c. NObility among the Heralds is of two sorts the one is of Parental Extraction and Blood and this is rather our Progenitors then our own being ingrafted or traducd unto us from them Ther is another Nobility which is accidental underivd or personal and this comes either from abundance of Riches or from excellency of Parts or from the Merit and Glory of some great Exploit The first proceeds from Descent the other from Desert Now among other Prerogatives of Kings one of the highest is that they are the source and fountain of Nobility and Honor Therfore no Vassal whatsoever be he of never so ancient and illustrious extraction is capable to compare with the King though I am not ignorant that some of your French Monsieurs will vapor somtimes that way Now it contributs much to the honor of any Country to have a King of a long-lind Royal Race There is a good Text which tells us That Beata Terra cujus Rex nobilis est with another Quà m puchra est generatio cum claritate Immortalis enim est memoria illius quoniam apud Deum nota est apud Homines The Land is blessd whose King is Noble How beutiful is a Generation with brightness the memory therof is Immortal because t is known with God and Men. The Kingdome of Spain may glory to have had Kings of both the foresaid Nobilities both Progenial derivd from their Predecessors and Personal from their own Merit and heroik perfections of Vertue as Magnanimity and Fortitude as Prudence and high Wisdome as extraordinary Devotion and Sanctitie Touching the Royal Tree of the Genealogie of the Kings of Spain we can fetch it from the Families of the Amalis and Baltheis whence the Kings of the Visigoths and Ostrogoths descended above a thousand yeers since Then from the glorious house of Austria which may be calld a tru Imperial Tree by having producd so many Emperours that have continued in that stem above these two hundred years without interruption which House began with Theobarto who came from Sigebart Duke of Germany Anno 604. Touching the Shield-Ensignes and the Royal Arms of the King of Spain they are as noble as any and it adds much to the Nobleness of a Kingdome to have noble Arms which hath bin accounted no small blemish to the Crown of France whose ancient Arms were three Toads in a black field though the signification of the Hieroglyphik makes some amends for it which relates to the fruitfulness of France for Toads choose always the fattest soyle yet is he an ugly slow poysonous creature and abhorred by humane Nature But upon the conversion of King Clouis to Christianity the French do vaunt that a Shield with three Flower de Luces of a Caerulean color fell down miraculously from Heven as Numas Shield did in Rome and the Palladium did in Troye which Arms France gives ever since But the truth of that miracle is much questiond for the greatest Authors as Emilius Gillius Reginon and Gregorius Turonensis in the Life of King Clou is makes no
they are excerpted drawn and deprompted out of the eminentst Authors who have written in their behalf and that with such fidelity and truth as the Majesty of so high a subject doth require not omitting any Argument that had weight in it Touching the competition twixt other Souverain Princes as that twixt the King of Denmark and Him of Sweden who both entitle themselfs Kings of the Goths and Vandals as also that twixt the Portugues and the Pole Twixt the Republiks of Venice and Genoa who both pretend to be Teste Coronate to be Crowned Heads because thâ—… one had the Kingdome of Cyprus the other hath that of Corsica under her Dominion as likewise the old Competition twixt the Duke of Savoy and Him of Milan which is now drownd in the Spanish Titles Nor of the Princes of Germany I say that the Disputes of these Precedencies do not belong to this present Discourse Ther are also divers other Competitions twixt Cities as well as Souvrain Princes as twixt Milan and Ravenna in Italy twixt Strasburg and Norimburg in Germany twixt Toledo Burgos in Spain which Philip 2. did in some mesure reconcile For when in a Parlement which they call Las Cortes ther was a high feud twixt these two Cities whose Bourgesse shold speak first the King stood up and said Hable Burgos que por Toledo hablare yo Let Burgos speak for Toledo I will speak my self The like Competition is in England for Precedence twixt Oxford and Cambridge which hath bin often debated in Parlement though Oxford had always the better because she is namd first in all Acts of Parlement for Subsidies Nor indeed hath Cambridge reason to contend in this point if Antiquity take place and Antiquity is a good argument for Lucian will tell us that when ther was a Contest in Heven twixt Esculapius and Hercules for Precedence Esculapius carried it because he came first thither Therfore Cambridge need not be offended with the Poet when he sung Hysteron Proteron praepostera forma loquendi Exempli causa Cant'brigia Oxonium Ther 's also another Argument for Oxford drawn ab Etymologia which the Philosopher tells us is a good way of arguing viz. Ther was an Ox and a Ford then Came a Bridge But these two Noble Sisters as they are unparallelld by any other in their kind let them be equal among themselfs and listen unto the Poet Sisters why strive you for Antiquity The older still the likelier for to die Wold you wish your own ruine surely no Let Mouldring Age on meaner things take hold But may You florish still and nere grow old And let this be a Close to the Third Section The fourth last Section CONTAINING A DISCOURSE OF AMBASSADORS THer is a good Rule in the Schools Qui bene dividit bene docet Therfore we will make this Fourth Section to conform and quadrat with the other Three in point of Division It shall also be a Decade with the rest and as ther is Affinity of Matter betwixt them so ther shall be affinity of Method For it shall likewise consist of ten Parts or Paragraphs 1. The first shall be of the derivation and Etymologie of this word Ambassador with the Definition Division and Denomination of Ambassadors and Legats 2. The second shall be of the indispensable and absolut necessity of Ambassadors and that Mankind cannot subsist without Them 3. Of the Antiquity the first Rise and Pedigree of Ambassadors as also of their Dignity high Honor and Pre-eminence and who are capable to employ them 4. Of their Privileges Reception Security and the inviolable sacred esteem of their Persons 5. Of the Breeding and Education the Parts and Perfections both acquird and natural which are requird in an Ambassador 6. Of the Election and choice of an Ambassador that he should be Par Negotio adaequat to the Employment he goes about 7. Of the Office and Duty of an Ambassador in the execution of his Place and acquitting Himself of the great Fiduciary Trust reposd in Him 8. Of the Laws of England relating to Ambassadors how they use to be receavd and treated in the English Court and what Rewards they receave c. 9. Of the wise Comportment and witty Sayings of divers Ambassadors during the time of their Negotiation 10. Of the extraordinary Prudence and Reservedness the Stoutness and Generosity of divers English Ambassadors c. THer are many Authors who have made it their business to write of Ambassadors and of their Office Incumbency and Charge as also of their Qualities Breeding and sutable Parts They have moreover undertaken to prescribe them Rules Precepts and Cautions but those Precepts may fit any other Minister of State or Magistrat and so they amuse the Reader with Universals But this Discourse shall keep close to the Person of the Ambassador and to the Nature of his Function Office and Duty And so we will take the first Paragraph in hand 1 Paragraph Touching the derivation and Etymologie of this word Ambassador With the Definition Division and Denomination of Ambassadors and Legats NEither Don Antonio de Zuniga the Spaniard nor Doctor Gasparo Bragaccia the Italian with divers others who have written so largely of an Ambassador do let us know what the Word is either Ambassadeur Ambasciatore Embaxador or Ambascia Now we find them all to be of great Antiquity for they are derivd of an old Celtik or Gaulish word which Celtiks were before the Greeks or Latins a Peeple that dwelt where Paris in France now stands being calld so before the Romans or the Franconians came in Now Embassy or Ambascy comes of Ambachten which is to work and Ambacht was a servant in the old Gaulik or Celtik toung wherunto alludes Bachken usd yet in Wales for a servant wherby among divers other Arguments it is very probable that the ancient Gaules and Britains spake one Language originally From hence came Ambactus which Tacitus useth when he saith That Galli plurimos circumse Ambactos Clientesque habent So that Ambasciator derivd hence is come now to be a servant or Minister of honor for in some Translations we have Paulus Dei gratia Diaconus Ambasciator Insomuch that it may well extend to the holy Function of Priests For the Minister on the Desk may be said to be the Peeples Ambassador to God and in the Pulpit Gods Ambassador to the Peeple But the Italians wold have Ambasciatore to come from the old Hetruscan word Bascer which signifidth nunciare to report or declare Others have a conceit that it may come from the word Ambo because he is a Mediator twixt both Parties Now touching the Definition of an Ambassador or Legat Don Antonio de Zuniga defines him thus A Legat or Ambassador is a Conciliator of the Affairs of Princes A Man sent from far to treat of publik Concernments by particular Election not by strength and stratagems of War but by Eloquence and force of Wit Others define him to be a
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