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
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
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
that notable Virago bestir her self how suddenly was there a great Fleet in a readiness and an Army by Land how magnanimously did she view her Musters and encouragd the soldiers riding up and down with a Plume of Feathers in her Hat like another Boadicia So that mighty Armada passing through the narrow Seas as far as the Downs her great Galeons were so plyed and pelted by the English ships that they were utterly overthrown only some few fetching a compass about Scotland got safe to Spain to bring news what became of the rest I have been somwhat overlong in this Paragraph but ther shall be a compensation made for the Prolixity thereof by the Brevity of those that follow The Fifth Paragraph That the King of Great Britain hath as stout and strenuous sturdy Free-born Peeple to his Subjects as any other King with as generous a Country and Generality of Wealth I Will begin this Paragraph with a late eloquent Character that an Italian Nobleman the Count Alfonso Loschi of Vicenza gives both of the Peeple and the plenty of England in his late printed Volume calld Compendi Historici La popolatione d' Inghilterra è innumerabile gli huonimi sono disposti ben organizati grandi di corpo di faccia serena bianca rubicunda nella guerra terribili audaci nelle risolutioni precipitosi crudeli Qe Donne riescono à Maraviglia belle gratiose can la Leggiadria del vestito rapiscono I cuori Inghilterra vanta non immeritamente titolo di Monarchia in expressione gieroglifico di che tiene il Re di sotto allo scettro la palla per figura della dominatione del mondo Non cie Potentato che con armata maritima possa approdare à liti à quali servendo per mura l' Oceano per isbarco sicurissimi arenosi recessi non vimprontano l'orme piedi stranieri se ben spesso con Intestine seditioni non havesse contro le proprie viscere rivolto le seditioni l'armi riuscirebbe indomabile ne cisarebbe potenza sopra l'Inglese L'aere salubre ricchezze grandissime li terreni fecondi minerali li pascoli abondanti delicati onde le lane d'Inghilterra tengono il primo luogo c. Which Character coming from so indifferent a Judge and so fresh an Author and a Personage of so high a Wit and Quality I thought worthy the rendring into English The Peeple of England are innumerable the Men welldisposd and organizd or limmd tallish of stature of comely Countenances white and reddish they are terrible in the Wars and bold headlong and cruel in their resolutions The Women are marvellously beutiful and handsome and by the quaintness of their Dresses do ravish hearts England not undeservedly glorieth of the Title of Monarchy by the Expression and Hierogliphic that the King bears under his Scepter which is a Globe or Ball that represents the Government of the world Ther is no Potentat whatsoever that with any Naval power can approach his shores wherunto the Ocean serving for a Wall with most secure and sandy Recesses for disimbarking the stranger cannot plant his foot And if England did not use so often to turn the sword into her own Bowels by intestine seditions she wold prove invincible and ther wold be no power above the English The Air is healthful mighty Riches the Soyl is plentiful and abounding with Minerals the Pasture luxurious and delicat whence it proceeds that the English Wool is incomparable This new noble Author when he comes to deliver his Opinion of France and Spain doth not speak half so much of either nor of any Country els for he treats of all the Kingdomes of Europe and of other besides Now it is taken pro concesso t is a truth granted by all that ther is no King hath more choice of lusty and stout Bodies to make soldiers of then the King of Great Britain hath in his Dominions ther is the English Welch Scots and Irish Nations that keep still entire their innated spirits and stoutness uncowd And this may be imputed to the Policy and Moderation of Government to the equal distribution of the VVealth and Plenty of the Country For the Yeoman and Franklin goes well clad hath wholsome Nutriment and as a return of his Labor from the grateful Earth hath wherwith to provide for his children that they may not encrease the number of Beggers It is not so in some Countries which made one say though ther may be some excess in the expression That the Yeomen and Freeholders of Kent are able to buy half the Peasants of France Such Subjects and such a Country the King of Great Britain commands which made Eumenius in his famous and elegant Panegyric to Constantin the Great to melt thus into her praises O fortunata omnibus beatior Terris Britannia quae Constantinum Caesarem prima vidisti Meritò Te omnibus Coeli ac Soli dotibus Natura donavit in qua nec hyemis est nimius rigor nec aestatis ardor In qua segetum est tanta foecunditas ut muneribus utriusque sufficiat Cereris Liberi In qua nemora sine immanibus bestiis Terra sine serpentibus noxiis Pecorum mitium innumerabilis multitudo lacte distenta onusta velleribus Certè quidem quod propter vitam diligitur longissimae dies nullae sine aliqua luce noctes dum illa littorum extrema planities non attollit umbras noctisque metam Coeli ac Syderum transit aspectus ut Sol ipse qui nobis occidere videtur ibi appareat solummodo praeterire O most fortunat Britain saith Eumenius more blessd then any other Country which didst first see Constantin Caesar Nature hath deservedly endowed thee with all Gifts both of Heaven and Earth In thee neither the excessive cold of VVinter nor the ardent heat of Summer doth offend the Inhabitant Thou swell'st with such a secundity of all kind of Corn that thou mayst be calld the Favorit of Ceres and Bacchus Thy Groves are without savage rapacious Beasts and thy Heaths without any poysonous Serpents Thy Fields are covered with innumerable multitudes of mild Cretures labouring with exuberance of Milk and laden with rich Fleeces For delightfulness of Life thy days are very long and no night but hath some glimpses of light the glorious Sun which sets and goes down in other Regions seems only to pass by thy Horizon From this temperatness of Clime and Fertility may proceed the Well-favouredness the Procerity as also the Health and Longaevity of the Inhabitants in regard Nature doth not finish her cours in the bodies of Males and Females so soon here as she doth in France and Spain For t is observd by all strangers that an English woman looks as fresh and beutiful at forty as a French or Spanish at five and twenty it being very ordinary for them to continue still teeming and
plentiful Court upon earth Now the riches and fatness of a Country shold be principally seen in the Kings house and indeed the greatest glory of England appeers there as all observing Forreners confess and nothing conducd more to the continuance increase and support of his power and honour and which drew more awe and reverence from all peeple all which are so requisit and essential to the prosperity of King and Peeple as they cannot be wanting but are and shold be perpetual attendants of the Soverain Prince Now this cannot be without the concurrence and service of the Peeple Now from all times the English were observd to be industrious and make it their chief care to provide the best things for the Kings Court according to that ancient and no less eloquent speech of a great Lawyer Domus Regis vigilia defendit omnium Otium Illius labor omnium Deliciae Illius industria omnium Vacatio Illius occupatio omnium Salus Illius periculum omnium Honor Illius periculum omnium The Kings House shold be the watchfulness of All His recreations shold be the labor of All His plesures shold be the inventions of All His safety shold be the danger of All His honor the object of All. Now the greatest cause of the honour and plenty of the Royal Court in England were the Preemption Pourvoyances and Compositions he had from evry County which were so moderat That they who have cryed them down thinking it to be a great advantage and ease unto them will find in time that they were no wiser then the Ass in the Fable as a very judicious Gentleman observes who thought to make his burden of Sponges the lighter by lying down with them in the water For those Compositions considering the smalness of them and how many went to bear the burden were scarce any weight at all as will appeer by those Shires I shall produce for instances All the thirteen Shires of Wales were chargd but at one hundred and fourscore Sturks which stood that whole Dominion but in three hundred and threescore pounds wherof Anglesey which hath 83 Parishes payd but 5l which amounts not to 15 pence evry Parish The County of Derby which hath one hundred and six Parishes payd but 254l per an Worcestershire which hath one hundred and two Parishes was assessd at 495l which is about three pounds seven shillings upon evry Parish Yorkshire which hath 459 Parishes besides many large Chapelries was charged but with 495l which was not two and twenty shillings upon evry Parish one with another Bedfordshire which hath one hundred and sixteen Parishes payed four hundred ninety seven pounds eight shillings four pence Cheshire having sixty eight Parishes was to furnish but 25 lean Oxen at the Kings price viz. four marks a piece c. with other things which came not to one pound nine shillings upon evry Parish Cornwal having an hundred and sixty Parishes did not bear so great a contribution as eight shillings upon evry Parish The County of Devon which hath three hundred ninety four Parishes paid no greater sum for evry yearly composition then ten shillings upon every Parish Herefordshire having one hundred seventy six Parishes made evry one to contribut no more then about twelve shillings six pence upon every Parish The huge County of Norfolk which hath 660 Parishes payd but one thousand ninety three pounds two shillings and eight pence which in proportion comes not to one pound eleven shillings upon evry Parish Somersetshire which hath 385 Parishes payd seven hundred fifty five pounds fourteen shillings eight pence which amounts to about 40 s. a Parish The County of Northampton which contains 326 Parishes payd towards Pourvoyance and Composition nine hundred ninety three pounds eighteen shillings four pence which was for evry Parish little more then three pounds Lincolnshire which hath 630 Parishes payd one thousand one hundred seventy five pounds thirteen shillings and eight pence which amounted to less then forty shillings a Parish Glocestershire which hath 280 Parishes payd four hundred twenty two pounds seven shillings and eight pence which was not one pound eleven shillings per Parish Ther be other Counties by reason of their vicinity to the Court and being very great gainers for the vent of their commodities by the Kings constant Residence with his Tribunals of Justice in his Imperial Chamber of London were chargd deeper as The County of Kent which hath 398 Parishes And is the common road of Ambassadors passing to and fro as also where his Arsenals Docks and Navie Royal lies with four of his Cinq Ports c. payd three thousand three hundred thirty four pounds and six shillings The County of Sussex which hath 112 Parishes payd one thousand and sixteen pounds two shillings and six pence The County of Surrey having 140 Parishes payd one thousand seventy nine pounds and three pence Hertfordshire which hath one hundred and twenty Parishes payd one thousand two hundred fifty nine pounds nineteen shillings four pence The County of Essex having 415 Parishes for her neighbourhood to London and the Court payd two thousand nine hundred thirty one pounds two shillings and two pence The County of Buckingham which hath 185 Parishes payd two thousand and forty pounds sixteen shillings and six pence Berkshire having 140 Parishes payd one thousand two hundred and fifty five pounds seventeen shillings and eight pence The County of Middlesex which hath 73 Parishes besides what are in the Suburbs of London and Westminster paid nine hundred seventeen pounds nineteen shillings per an which was no great matter in point of proportion to the rest of the Counties In regard of the great advantages this Shire hath by the propinquity and residence of the Kings Court And so by letting and setting of Lands Pasturages Houses Lodgings at highet rates with the improving the prices of all other commodities The City of London which hath such mighty benefits by the constant sojourn of the King and of his principal Courts of Justice at Westminster-Hall by the Records in the Tower by the Inns of Court and Chancery with variety of other advantages as the Kings Custom-House wherby she is swoln up to be so vast in Building and to such infinit Richâ—…s that she swallows up the Trade of all the three Kingdoms yet for all these advantages she with the out-parts did contribut in Grocery ware for the service of the Kings House but about 2000 l. per annum Nor did the Kings Brewers in London and four miles compass about pay but one half peny in every Bushel of Mault which is now remitted And what an inconsiderable small ease it is to so many Brewers let any man judge Out of the Premises touching Compositions for Pourvoyances this inference may be drawn what a care and love our provident and prudent Progenitors bore to the honor of their King his Court and Houshould And under favor I may say that these Royal Pourvoyances and his tenures in Capite were
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
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
name of the King of France was omitted ran thus The Cardinal said aloud Caroli quinti Imperatoris serenissimorum Regum qui hoc universale Concilium promoverunt protexerunt Memoria in Benedictione sit Let the memory of the Emperour Charles the fifth and of the most serene Kings who have promoted this universal Council be always Blessed Then Serenissimo Imperatori Ferdinando semper Augusto Orthodoxo Pacifico omnibus Regibus Reipublicis principibus nostris multi anni Many years to the most serene Emperour Ferdinand ever August Orthodoxal and Peaceful and to all our Kings Commonwealths and Princes Then the Fathers answerd Pium Christianum Imperatorem Domine conserva Imperator Caelestis Terrenos Reges Rectae Fidei conservatores custodi O Lord conserve the Pious and Christian Emperour O Coelestial Emperour defend Earthly Kings Conservers of the Right Faith The first Acclamation was for the Dead wherin the Cardinal forgot to express the name of Francis the 1. and Hen. 2. who had contributed their care and zeal for the good of the Council The second was for living Princes wherin he also omitted the name of Charles 9. for which the said Cardinal was blamd at the King of France his Council He excusd himself that it was for the fear he had to put division between the two Kings and withal that Charles of France being yet a minor he was like to be troubled about matters of Religion in regard of the Hugonots and might have need of King Philip therfore it was no wisdom to exasperat Him Thus have you a kinde of Epitome of the great Council of Trent specially of the celebrous Contests Intrigues Competitions and Artifices twixt France and Spain in point of Prerogative of Place and Priority of Session The next Contest was at the Congress of Ambassadors in Vervins 1598. touchd at before where the French Ambassadors receivd an Accommodation by the moderation of the Cardinal of Medici The manner of this Accommodation was thus The Cardinal Legat being under a Cloth of State at the end of the Table where the Treaty was to be held had upon his Right-hand the Nuntio and next Him the Spanish Ambassadors upon his Left-hand the Legat had the French Ambassadors and in that posture they proceeded to negotiat and Treat without any exception or animosities wherby the Business producd peaceful and blessed effects wherof all Christendome did reap very wholsome fruit After this ther happend a tough competition upon the same account of Precedence in the Court of Rome and when the Spaniard could not prevail there He went to the Emperours Court Maximilian the second his neer Kinsman wher his Ambassadors had the Prerogative of Place before the Ambassadors of Charles the ninth King of France wherupon Gaspar Coligni protested loudly against this apparent injury and that it was a sufficient cause to denounce War But Mendosa the Spanish Ambassador being much pressd hereabouts and reducd to a narrow streight found out at last this witty evasion saying Se nolle quidem anteire tamen cogi non posse ut Francorum Legatos sequeretur If He did not go before yet He could not be forcd to follow the French Ambassador Besoldus with others who are great Advocats for the Spanish Precedence beat their Brains to find out arguments to that effect amongst which the greatest is the multitude of Dominions that have accrued to the Spaniard whence they deduce this Principle Ex facto sumitur Ius Right is to be taken out of the Fact and the Fact being changd the Right also changeth Therfore the Fact and circumstances of things being changd on the Spaniards side and respect had to his encrease of Territories and present condition it may well alter the former custome of giving precedence to France Then he takes the Cudgels against England in behalf of Spain notwithstanding that he acknowledgeth out of Meteranus that the English are the most ancient Christians and that Germany his own Country owes her Religion first to Them That the Kings of England are descended of the Noblest Families of any which makes him instance in King Cunobelinus whose Coyn is to be seen to this day who raignd in Great Britain about our Saviours Nativity He alledgeth further how the King of England is feodary or subordinat to no earthly Power but is Gods immediat Vicar in his own Dominions yet he concludes simply and irrationally in these words Verùm Angli nimis antiquis argumentis pugnant praesenti Majestati Hispaniae aequiparandi minimè esse videntur The English fight with too ancient arguments and seem not to be compard to the present Majesty of Spain He speaks also as simply and indeed not without some absurdity when after those uncontroulable arguments he saith Sed porro absonum est quod Anglus Hispano Sessionis litem movet It is a senseless thing that the English shold move any debate with the Spaniard for privilege of Session And another great Champion for the Precedence of Spain viz. Diego Valdez discourseth as weakly for notwithstanding that he acknowledgeth Lucius to be a Christian King of England in the time of Pope Eleutherius which was many hundred years before ther was any in Spain that he confesseth that Summa Ratio est quae ducitur à Religione yet he wold not have England compare with Spain in point of Precedence wherby he discovers not only a great deal of injustice and partiality but also a gross Ignorance in Antiquity by calling Lucius King of England wheras this Country had not that Name till the Saxons came in which was above three hundred years after For till then t was calld Britannia by all Forreners and Loegria or Lloygher by the native Inhabitants which name continues among the Welch to this day Nor is this His Error alone but of many other great Antiquaries and some of our own Authors who having no due regard to the computation of time do very frequently call this Country England many hundred of years before the word was created Thus have we producd and faithfully alledgd the principal Arguments that France hath for a Precedence We will conclude with two late Passages which happend in this kind One was in the Hague twixt Monsieur de Thou and Don Estevan de Gamarra the Spanish Ambassador whose Coaches meeting casually in a place where ther were two Rails ther happend a scustle for Precedence but a band of Soldiers came and kept them quiet till notice was sent to the Council of State who sitting three or four hours about it at last they gave command that the Rails shold be cut down and so the way being left open the scustle ended The second was in London twixt Monsieur l' Estrade and the Baron de Batteville both of them Ambassadors at the English Court the latter for the King of Spain the other for France A new Danish Ambassador was to make his Entry through London and His Majesty of
Subject who resembleth a Mediator of Love Concerning the word Legat Resoldus tells us in brief that He is one who is sent to deliver the Commands of another but none of these can be calld properly Definitions according to the Rules of Logik but Descriptions They are calld sometimes Orators from Oracion or the fluency of the Toung which is the chiefest tool of an Ambassador They are calld also Nuncii because they come to declare and tell Now Nuncii and Legats are of late Ages they whom the Popa sends whose Ministers of this kind have a mixt employment twixt Spiritual and Secular Legats are of three sorts ther is Legatus Natus Legatus Missus and Legatus à Latere The first hath a perpetual successif Legantine Power as the Archbishop of Canterbury in England is endowed with that Prerogative as a Dignity annexd to the Archbishoprik above 1000 years since therfore ther can no other Legats come to England without the Kings special consent wherupon one of the Articles against Cardinal Wolsey was That he exercised a Legantine Power in England without the Kings privity Then ther is Legatus Missus and he signifieth as much as an ordinary Nuncio Then ther is Legatus à Latere or Apostolical Nuncio who is desumd out of the number of Cardinals only and they are sometimes Gâ—…vernors of Provinces or calld Pro-consuls and they are calld Legati de Latere because they are neerest the side and the greatest Confidents of the Pope We may read in Iustine that Ambassadors by some are calld Lenones Bawds but taken in a chast sense because by smooth and alluring Language they move the affections of the Prince to whom they are sent The Greeks call their Ambassadors 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they ought to be of yeers and well salted in the world Ther are also Deputies and Commissaries who have the same Office as Ambassadors but the Civilians make this difference betwixt them that Ambassadors are sent to Equals Deputies to Superiors and Commissaries to Inferiors Ther is also a publik Minister of State calld Agent and he is sent when ther is a suspition that the Ambassador will not be honord as he shold be Therfore the French Kings of late yeers have no Ambassadors in the Emperors Court but Agents because of the Competition for Precedence twixt him and Spain Agents are likewise employd sometimes to save charges or that the Business may be done without noise Ahd of late yeers ther is a new Minister of State invented which is a Resident who is superiour to an Agent and inferiour to an Ambassador Both Agent and Resident have the Security though not the Session and state or such a latitude of power as Ambassadors have Now Agents may dispatch Businesses of as great consequence as Ambassadors though they do it more secretly and with lesse stir Therfore Hottoman saith That the Queen of England and the Princes of Germany had des Agens Secrets in Venice because that in regard of diversity of Religion the Senat wold not seem to make too strict a frendship with them and for these secret Employments Merchants have bin thought to be the fittest Instruments because under the cloak of Trading they may also hide Affairs of State Ther are also Heralds which are a sort of Ambassadors and they are very ancient They are calld Caduceatores whose Office is to denounce War for such was the open honesty of our Ancestors that they would not commence a War until they had sent notice of it in a convenient time beforehand and these had also the security of Ambassadors for the time but they were strictly tied to the very same words that were dictated unto them Their persons also are to be as free from any outrage as Ambassadors are which made the Earl of Essex check his soldiers in Keinton-field when the late King sent Sir William le Neve King of Arms the next morning after the Battail was sought who wold have outragd Him Ther are also other Ministers of State that draw neer to the nature of Ambassadors which are calld Consuls wherof some have Royal Commission though the nature of their Office be to protect and assist the Merchant being practisd in the Custome and Language of the Country in their Law-suits and ther is as much esteem had of these as of Agents Of these England hath more then any and they are allowd very noble allowance as he of Aleppo hath 4000 Dollars yeerly and they of Smyrna and Mosco little less but if ther be an Ambassador in that Dominion where they serve they are subordinat to his commands in divers things We will conclude this Paragraph with this distinction of Ambassadors That some are extraordinary or pro tempore employd upon some particular great Affairs or Condolements or Congratulations or for Overtures of Marriage c. and they use to go with greater lustre and magnificence and may return without sending for leave unless ther be a restraining clause in their Commission The other are Ordinary or Lidger Ambassadors commanded to reside in the place until they receave Letters of Revocation and as their time of return is indefinit so their business is incertain arising out of emergent occasions and commonly the protection and affairs of the Merchants is their greatest care But Albericus Gentilis with all the great Civilians alledge that these kinde of Ambassadors were not known but of late yeers and Paschalius calls them no better then Emissaries Explorators or Spyes which made Hen. 7. of England as he saith admit of none The second Paragraph Of the absolut and indispensable necessity of Ambassadors and that Mankind cannot subsist without them IF it were not for Ambassadors Wars wold be endless and Enmities everlasting Ther wold be no knowledg no frendship among Princes nor commerce among Nations Brunus says That among all Functions all Offices and Employments of a Commonwealth ther is none more necessary more difficult more honorable and that requires greater discretion sagacity and caution then that of an Ambassador but as it is accompanied with honor and profit so it is with danger and hazard Ambassadors are the emissititious Eyes of a Prince they are his ears and hands they are his very understanding and reason they are his breath and voice in contemplation wherof the Poet sings that an Ambassador is Vox Regum lingua salutis Foederis Orator pacis via Terminus irae Semen Amicitiae Belli fuga litibus hostis It is observd in all stories and confirmd by multitude of examples that the Interview and encounter of Kings hath bin rather a disadvantage then an advance to any great business specially in treating of Capitulations of Peace Therfore in the Politiks t is a Principle that in Colloquies for Pacification Princes shold not appeer in person but be represented by their Ambassadors and Commissaries A Journey to be performd by Kings requires much trouble and charges much ado ther is in fitting their train that they may
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
small and great It reacheth to all the Military strengths both by Land and Sea to all tenable places as Castles Forts Bulwarks within and about the whole Iland The Kings of England have had the sole power of this Sword and the Law gives it them by vertue of their Royal Signory from all times The very Law doth gird it to their sides They employ it for repelling all Forren force For vindicating all Forren wrongs and affronts For suppressing all intestine Tumults and Rebellions And to protect and secure the weal of the whole Body politick The peeple of England represented in Parlement were never capable to manage this Sword the Fundamental Constitutions of the Country flatly denieth it them This Sword is fit only to hang at the Kings side as the Great Seal hangs at his girdle being as it were the key of the whole Kingdom and it is recorded of the Emperour Charlemain that he carried his Great Seal always embossd upon the pommel of his Sword which signified that he was ready to make good and maintain what he had Seald Now to let the Peeple have the Sword is to put it into a Mad-mans hand And one of the pregnantst Forren examples to prove this is that notorious Popular insurrection in France calld La Iaquerie de Beauvoisin when the Peasans and Mechanicks had a designe to wrest it out of the Kings hand for to depress all the Peers and Noblesse of the Kingdom and the Rebellion had grown to such a strength that it was like to take effect had not the Prelats and Churchmen stuck close to the King and the Nobility but afterwards poor hare-braind things they desired the King upon bended knee to take the Sword again The Civilians who in all points are not so great frends to Royalty as the Common Law is assert That ther are six Praerogatives which belong to a Souvrain Prince 1. Armamenta Army 2. Potestas Iudicatoria power of Judicature 3. Potestas vitae necis power of life and death 4. Bona adespota masterless goods 5. Census the numbring of the people 6. Monetarum valor the raising or abating the value of the publick Coyn. Among these Regalias we finde that Arming which in effect is nothing els but the Kings Sword is one and as I said before t is as proper and peculiar to his Person and to be soly on his side as the Crown on his Head or the Scepter in his hand and of greater importance then either For by those two he draws only a voluntary love and an opinion from his Subjects but by the Sword as threed thorow a Needles eye he draws a Reverential Fear and aw Now these two mixd with the other are the best Ingredients of Government With the Sword he confers Honors as dubbing of Knights c. From this Sword all the chiefest Magistrates have their authority The Lord Deputy of Ireland the Lords Mayors of London and York have their Swords by deputation from Him and when he entreth any place Corporat the first thing which is presented unto him is the Sword Nor doth the point of this Sword pass thorow the diameter and reach only to evry corner of his own Dominions but it extends beyond the Seas as well to preserve his Subjects from oppression and denial of Justice as to vindicat publike wrongs and affronts to make good the Interests of his Crown as also to assist his Confederats and friends And this publick Sword is so inseparable from him that by the Law of the Land he cannot ungird himself of it or transfer it to any other for that were to desert the protection of his peeple which is point blank against his Coronation-Oath and Office Therfore the very Proposition it self that the Long Parlement made to his late Majesty to have the Militia passd over unto them was no less then High Treason for nothing could be more derogatory to his Kingly Honor which they had protested so solemnly to maintain by their so many publick Instruments and Oaths We proceed now from the Rural Power or Country-campane of the King of Great Britain to his Oppidan Strength And first of his Court at Westminster where ther are 200 goodly tall men of his Gard Then he hath a Band of Pensioners who are Gentlemen of quality and wealth Moreover he hath 3000 Foot and 1000 Horse for his Life-Gard besides divers Garisons in sundry Towns And now we make our entrance into the City of London that huge Magazin of Men and Might A City that may well compare with any in France or Spain not only for Power but for any thing els and in some particulars may haply go beyond them and deserve a Precedence as shall be shewd Nor doth this Power extend only to her own Self-protection but it may be made use of for any part of the Kingdome upon any Civil Insurrection or otherwise as it shall please the Sovrain Prince and no other whatsoever to employ it The City of London is like a fair Quiver of keen strong Arrows for the King to draw forth upon all occasions for his own and his peeples preservation For besides twelve thousand choice gallant Citizens in London and Westminster with the Hamlets of the Tower who are enrolld and always ready and have their Arms fixd for Honor and Defence ther may be as appears by divers Censes and Computations which have bin made about two hundred thousand choice able men raisd for service if necessity requires and the City will scarce sensibly miss them nor are Seamen Mariners and Water-men meant to be of this number The Kings of France and Spain I may well avouch have not any such Town or City That which is most capable of comparison with London is Paris for which she hath many advantages for she is a Cité Ville and Université she is a City a Town and an University as also the chiefest Residence of the French King But le ts go a little to particulars and first to the Populousness of both Cities They say that the Parishes of St. Eustace and St. Innocent which lie about the centre of Paris have above one hundred thousand Communicants in them alone and that by the last Cense which was made ther were neer upon a million of humane Souls in City and Suburbs wherof the sixth part are made up of Strangers and Church-men which the King cannot make use of upon Military occasions But look a little forward it will appeer that London hath above a Million of souls For largeness and magnitude t is tru that Paris hath the advantage of an Orbicular Figure which is most capacious of any But by the judgment of those Mathematicians who have taken a survay of both Cities if London were cast into a Circle she wold be altogether as big as Paris Touching publick Buildings t is tru that the Louvre is a vast Fabrick and the like is not found in London but t is the only Court the French King hath in
The 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