community and free use of the Sea challenging no Dominion at all Ther are divers States in Italy that claim a particular command and propriety in some Seas as the Duke of Tuscany challengeth a Dominion of the Tyrrhene Sea the State of Genoa of the Ligustique Venice claims a right to the Adriatic as symbolically to a Husband for she marries him upon Ascention-day evry yeer the Duke going in procession with great solemnity in the Buantoro to that purpose and throwing a Ring into the water and She hath power to do in that part of the Sea which she calls her Gulph as much as she can do in Venice it self in point of laying Impositions and Gabels and to cause what Mercantile ships she please to unlade their Cargazons at the City of Venice it self God and Nature hath much favoured the King of Denmark with the command of a Neck of Sea I mean the Sound for it is the strongest Sinew of his Crown by the Tolls he receaves of those who pass and repass into the Baltik He commands also at large the Norwegian or Hyperborean Sea But among all if we observe his Title the King of Portugal hath a greater Maritime command then all these which Title runs thus Dom Manuel por Graca de Deos Rey c. Senhor de Guinee da Conquista Navigacaon Comercio d' Etiopia Arabia Persia da India à Todos c. Don Emanuel by the Grace of God King c. Lord of Guiney and of the Conquest Navigation and Commerce of Ethiopia Arabia Persia c. These are the Princes who have most command of Sea but they command only the Strands and Ports or Maritime Tract They cannot be said to command the Sea it self as the King of Great Britain doth for he commands no less then four Seas which are circumfluent about his Territories and the Law says The Sea is of the Ligeance of the King as any other thing He is Protector as well as Lord of them He takes both the Dominion and Defence of them also he scowres and secures them from Pyrats and Praedatory Rovers He makes all ships whether Merchants or Men of War Forreners or Subjects to dash their Colours and strike their Topsayls not onely to his Castles but to any of his ships Royal as they pass and repass Which mark of Dominion the Republic of Venice hath not though she also hath her Gallies always in cours to scowre and secure the Gulph from Cursaries and Robbers which is one of the chief Regalia's St. Mark hath though the Sea she thus commands be scarce 30 Leagues in extent for it is but fourscore Italian Miles Nor doth the King of Great Britains Dominion terminat in his own Seas but as most Civilians hold it extends as far as the shoares of his Transmarin Neighbours and as far North as the Artic Circle which Grotius did once acknowledg and publish to the world though another Caprichio came into his head afterwards in the Panegyrike he sent King Iames at his Inauguration when he says Rerum Natura Creatrix Divisit populos metas ipsa notavit Sic juga Pyrenae sic olim Rhenus Aspes Imperii mensura fuit Te flumine nullo Detinuit nulla nimbosi verticis arce Sedtotum complexa Parens hic terminus ipsa Substitit atque uno voluit sub limite claudi Te sibi seposuit supremo in gurgite Nereus Finis hic est qui fine caret Quae meta Britannis Littora sunt aliis Regnique accessio tanti est Quod ventis velisque patet We will put a period to this Paragraph with a Request to the Reader That having well weighed the Power of the King of Great Britain and joyn'd that of the Sea with the Land as also the Reasons of the preceding Paragraph with this to judge whether it be fit that He shold go or come in the Arriere to any King whatsoever We will now to the third Paragraph Touching the Eminence and Royal Dignity the State Grandeur and Titles of the King of Great Britain Corsetus a known and well-accounted Author divides Kings into Illustres and Super-Illustres He gives the King of England the second place among the Super-Illustres and one of the Reasons are that he is an Anointed King whereas the King of Spain and others are not unless the King of Spain may claim it as he entitles himself King of Ierusalem and Sicily for besides the Kings of England and France they two are onely capable of being Anointed The King of England hath a Gift also to cure the Strumatical Disease call'd therefore in England The Kings Evil ab effectu sanationis whereas in French 't is call'd Les Ecrouelles and Los Lamperones in Spanish c. Some have written that the King of England hath a Vertu to cure this Disease as he is King of France but that 's a vulgar Error for King Edward the Confessor was us'd to heal that way which was 300 years before Platina makes the King of England Filium Adoptivum Ecclesiae the Emperour Filium Primogenitum and the French King Filium natu minorem One the Adopted Son the other the First-born the third the Cadet or younger Son Volaterranus is related by Philippus Honorius in a well-known Work of his call'd Praxis Politicae prudentiae anno 1610. that Iulius 2. gave the Precedence to the English Ambassador before him of Spain Hen. 2. was King of Ierusalem and Edward 3. was made Perpetuus Vicarius Imperâ—…i which is no mean Title The Spanish Ambassador never questioned the Precedence of the English Ambassador till in the Council of Basile and touching the Contest twixt them in the Council of Constance ther was at Lovain Anno 1517. a Book entituled Nobilissima disputatio super dignitate magnitudine Regnorum Britannici Gallici habita ab utriusque Oratoribus in Concilio Constantiensi where you see he puts Britains King before the French in the very Frontispice and the chiefest Reasons asserted therein are found in this Discours Hen. 6. employed Thomas Polden Bishop of Chichester with others in quality of Ambassadors to the Council held at Siena to claim his session otherwise he would protest and poursue the Protestation In the Raign of Hen. 6. ther was a Public Instrument put forth by Ericus King of Sweden and Denmark wherein he puts England before France which Instrument â—…uns thus Caveant omninò Mercatores alii quicunque homines subditi Reg. Angliae Franciae ne de caetero sub poena amissionis vitae Bonorum visitare praesumant Terras Islandiae Finmarchiae Halghalandiae seu alias quascunque Terras prohibitas aut Portus illegales in Regnis Daniae Sueciae Norwegiae An authentic Copy of this Instrument was brought by the Danish Ambassador to Breme 1562. and shew'd to the English Delegates there at that time from Queen Elizabeth about the great business of the Hans Towns In the Capitulations of Peace twixt Hen. 7.
of England and Iohn 2. of Denmark and Norway 1490. England is put before France as for example Sancitum est quod Mercatores Homines Ligii Piscatores quicunque alii Reg. Angliae Franciae subditi liberè possint temporibus futuris in perpetuum ad Insulam Tyle i. e. Islandiam c. Augustus de Cavallis who is no obscure Author infers the Queen of England from her Ancestors both in respect of Inheritance Conquest and Gift to be Queen of France de Iure In the Treaty twixt Hen. the 7. and Philip of Castile 1506. the English Commissioners subsign'd first As also in the Treaty of Marriage with Queen Mary Anno 1533. the first Signature is given to the English Ambassadors When Queen Elizabeth employed the Earl of Derby the Lord Cobham Sir Iames Crofts Doctor Dale and Doctor Rogers in quality of Ambassadors with their Assistants to Ostend anno 1588. Dignitatis Praerogativa incedendo sedendo The Prerogative of going and sitting was given her Ambassadors In the Treaty at Bullen twixt England and Spain for renewing the Burgundian League Queen Elizabeth sent Sir Hen. Nevil Sir Iohn Herbert Robert Beale and Tho. Edmunds who in their Instructions had command in no case to give Precedence to the Spanish Ambassadors but being met ther was a Contest happend The English produc'd a Certificat procur'd privatly from Rome out of the Book of Ceremonies there which according to the Canon giveth the Rule in such cases That the King of England is to have place before the King of Castile That the English quietly held this Right in the Councils of Basil Constance and others They alledg'd also that the Kingdom of Castile which is the Spaniards first Title is but an upstart-in regard of England for it had no Kings but Earls till the year 1017. Moreover Pope Iulius 3. gave sentence for Hen. 7. of England against Ferdinand of Spain in this particular c. Furthermore for Eminency of Title Great Britain is oftentimes calld an Empire by Forren Authors nay Pope Urban terms it a World of it self at the Council of Clermont almost a thousand years since wherin the Archbishop of Canterbury is call'd Alteterius Orbis Papa The Pope of another World What wold he say now that Ireland and Scotland are added Some of the Saxon Kings stil'd themselfs Emperours as Ego Ethelredus Ego Edgarus Anglorum Induperator c. William the Conqueror writ Ego Willielmus Rex Anglorum ab incarnatione Domini 1089. 2 Anno mei Imperii This is found upon record in his Charter to the Monastery of Shaftsbury In Hen. 8. Raign the eighth year thereof England was declar'd an Empire in Parlement where he had also these Epithets Metuendissimus Praepotentissimus and London was call'd the Imperial Chamber But most memorable is that of King Edgar in the Charter that he gave the Church of Worcester Which Charter is yet extant and runs thus Altitonantis Dei largifluâ clementiâ qui est Rex Regum Ego Edgarus Anglorum Basileus omniumque Regum Insularum Oceanique Britanniam circumjacentis cunctarúmque Nationum quae infra Eam includuntur Imperator Dominus Gratias ago ipsi Deo omnipotenti Regi meo qui meum Imperium sic ampliavit exaltavit super Regnum Patrum meorum Qui licet Monarchiam totius Angliae adepti sunt à tempore Athelstani qui primus Regnum Anglorum omnes Nationes quae Britanniam incolunt sibi Armis subegit nullus tamen Illorum ultra ejus fines Imperium suum dilatare aggressus est Mihi autem concessit propitia Divinitas cum Anglorum Imperio omnia Regna Insularum Oceani cum suis ferocissimis Regibus usque Norwegiam Maximamque Partem Hiberniae cum sua nobilissima Civitate Dublinia Anglorum Regno subjugare Quos etiam omnes meis Imperiis colla subdere Dei favente gratia Coegi Quapropter ut Ego Christi Gloriam laudem in Regno meo exaltare ejus servitutem amplificare devotus disposui per meos Fideles Fautores Dunstanum Archiepiscopum Ayeliolanum ac Oswaldum Archiepiscopos quos mihi Patres Spirituales Consiliarios elegi magna ex parte disposui c. Facta haec sunt anno Dom. 964. Indictione 8 Regni Ego Alfrye Regina consensi signo Crucis confirmavi ✚ This being so ancient a Record and of so high a Tenure I thought good to render it into English for the satisfaction of the Common Reader By the clemency of the high-thundring God who is King of Kings I Edgar King of the English and of all Kings of Ilands and of the Ocean circumjacent to Britain and of all Nations which are included within her Emperour and Lord I give thanks only to Almighty God my King that he hath amplified and exalted my Empire above the Kingdome of my Fathers who although they had obtain'd the Monarchy of all England from the time of Athelstan who was the first that subdued the Kingdom of the English and all Nations who inhabit Britain yet none of them attempted to dilate his Empire beyond its bounds But propitious Divinity hath granted unto me to subjugat together with the Empire of the English all the Kingdomes in the Iles of the Ocean with their most ferocious Kings as far as Norway and most part of Ireland with her most Noble City of Dublin All whom I compell'd to bow their Necks to my Commands the Grace of God so favouring me c. This King Edgar though very little of stature was so magnanimous and successful that he was Row'd upon the River of Dee by four subjugated Kings whereof Kennad King of Scots was one Ther is also a very remarkable and authentic story of King Canutus afterwards who being upon Southampton-Strand at the flowing of the Sea he sate in a Chair of State which was brought him upon the sands and the Billows tossing and tumbling towards him he gave the Sea this command Thou art my Subject and the Earth wheron I sit is mine and ther was none yet that ever resisted my Command who went unpunish'd Therefore I command Thee that Thou come not up upon my Earth nor presume to wet the Garment or the Body of thy Lord. But the Sea continuing his cours dash'd and wetted his feet and thighs illfavouredly without any reverence or fear whereupon the King stepping back declar'd That none is worthy of the Name of a King but only He whose Nod both Sea and Earth observd And as the story hath it he never wore the Crown of Gold again but being fix'd to a Cross did consecrat it to the Image of our Saviour Ther have been also Titles of Dignity given to our Kings in the Abstract which hath more of State and Substance in it then the Concret as Celsitudo Tua Magnitudo Tua given by the Pope in his Letters to Ed. 2. And Edward the 4. was us'd to write Nostra Regia Majestas though indeed that word
quam in serenissimi Archiducis Commissione omissam esse superiùs demonstravimus quà m primùm commodumque videbitur quod polltcitae sunt vestrae illustres magnificae personae petimus inserendum Quod verò illustres magnificae vestrae personae asserunt insolitum novum videri quod proposuimus de Praerogativa Praecedentiae dignitate serenissimae Reginae Dominae nostrae semper debita non possumus dissimulare nos valde mirari illud viris vestrae conditionis eruditionis judicii novum esse insolitum quod universo orbi terrarum notum est celebratissimum Res enim est exploratissima quod Regio Hispanica cum distributa fuerit in diversa Regna devoluta in manus Regis Ferdinandi Reginae Isabellae Regumque Granatae insuper ei adjunctum unà cum caeteris partibus Indiarum Occidentalium orta est contentio speciosè magis quà m solidè recteque fundata de Praecedendi dignitate cum Regno Anglorum tempore quo Papatum occupavit Alexander ejus nomini sextus natione Hispanus quae perducta ad tempora Iulii secundi Volatarranus Author imprimis bonus Historiographus Italus nullo privato beneficio Angliae obstrictus quique eodem tempore Romae vixit ea de causa quemadmodum Res actae gestaeque fuerunt probè potuit intelligere de hac Re ita refert Inter Oratores Henrici septimi Regis Angliae Hispaniae Regis inter sacra sedendo orta est contentio quae etiam sub Alexandrio caeperat Iulius Locum honoratissimum Anglis pro tempore adjudicavit quod quidem Ius praerogativam Regis Angliae possidentes tenuerunt usque ad tempora Caroli quinti Imperatoris qui licet ratione Caesareae Majestatis supremam sedem dignitatis inter Principes 〈◊〉 Illud tamen privilegium ad posteros suos in praejudicium aliorum Principum transmittere non potuit Ideóque post obitum ejus quaestio illa Praecedentiae ad eosdem terminos unde ante digresserat reversa est Cum igitur Reges Angliae semper tenuerunt priorem augustiorem sedem prae singulis illis Regibus priusquà m Regna eorum in unum reducta fuerint reductisque in unum indeque ea de requaestione motâ jus suum ex sententia Papae retinuerint de quo nullo unquam tempore aut occasione cesserunt Extra controversiam igitur putamus illud de Iure pertinere ad Coronam Angliae utcunque propagata amplifica sunt Territoria Dominia Regni Hispaniae quod recta rerum aestimatione nihil valet aut valere debet inter Christianos Principes ad hanc Praecedentiae quaestionem Alioqui plurimi Reges Principes assumerent sibi Praecedentiam in multos alios Principes quibus jam liberè libenter concedunt Amplius de haec praesenti controversia de Praecedentiae dignitate hoc ipso tempore aliud est quod se non indignè offert judici is vestris examinandum nempe quodunus è nobis quem serenissima Regina Domina nostra ad hunc tractatum pacis concludendum elegit Legatus ejus est qui quotidie residet apud Christianissimum quam dignitatem unà cum omnibus Praerogativis quae eam comitantur retinet quoad in Regno Galliae commoratur Primus vero è vobis licet sit Legatus Catholici Regis apud serenissimum Archiducem cùm jam sit extra territorium Archiducis qualitatem eam dignitatemque exui censemus quoque nostrum in quo multiplicata ista dignitas elucet dominatur Iure praeferendum unicuique qui singulari nudo titulo deputati scilicet ad tractatum pacis inductus prodit Vobis igitur si placeat quaestio ista alto silentio praetermittatur haecque praerogativa de qua agitur maneat habitetque in serenissima Regina Domina nostra ad quam Iure spectat pertinetque Ita alacrioribus animis ad conventum colloquiumque cujus causà huc accessimus feremur Ista omnia pro prudentia moderatione vestrarum illustrium magnificarum dominationum petimus amicè candidè accipi ut quae profecta sunt ab observantiis religione officii nostri non à studio tempus consumendi aut contentionis excitandae Datum Boloniae 26 Maii stylo veteri 1600. Renderd thus in English Illustrious and Magnificent Lords We have read through the Writing which your illustrious and magnificent Persons sent us yesterday and touching those heads which appertain to the power of your substitutition and the vigor of the Seal we have resolvd not to prosecut further confiding in the sincerity of the most serene the Lord Archduke and acquiescing in the integrity of your illustrious and magnificent Persons which doth promise us a good faith in the business we are to agitat with the greatest candor and humanity that may be And touching the Clause we demonstrated before we desire it may be inserted as soon and as conveniently it may be as your illustrious and magnificent Persons have promised And wheras your illustrious and magnificent Persons assert that it is unusuall and new what we proposd concerning the Prerogative and dignity of Precedence due always to the most serene Queen our Mistress we cannot dissemble but we much wonder that that shold seem new and unusal to men of your condition learning and judgment which is so well known and most celebrous to all the world For it is a most explored truth That the Region of Spain distributed to divers Kingdoms when it was devolvd to the hands of King Ferdinand and Isabella wherunto the Kingdome of Granada was adjoyned and the West-Indies a Contention did arise more speciously then solidly and rightly grounded touching the dignity of Precedence with the King of England at that time when Alexander the sixth who was a Spaniard born held the Papacy which continued to the time of Iulius the second and Volaterranus a special good Author and an Italian Historiographer being not engagd to England for any privat benefit and one that was well capable to know how matters passd and were transacted doth relate that betwixt the Ambassadors of Henry the seventh King of England and the Ambassador of Spain a contention did arise about Precedence of session in the Church and Iulius adjudgd the most honourable place to the English which Right and Prerogative the Kings of England possessd until the time of the Emperour Charles the fifth who in regard of Caesarean Majesty had the supreme place among all Princes But he could not transmit that privilege to his posterity to the prejudice of other Princes Therfore after his decease that question of Precedence returnd to those terms whence it had formerly digressd Since therfore the Kings of England always held priority of place and session of those several Kings before their Kingdomes were reducd to one a question being movd therabouts they have retaind their Right by the Popes sentence and never yeilded it upon occasion Therfore without controversie
sides what Law shall please himself which may reasonably be feared if no cours be timely taken for preservation of their rights by treaty or otherwise On the other side you may lay before him the power yet remaining in the puissant house of Austria with the dependance of Bavaria and other German Princes and how both sides are supported by forren assistants those with the money and countenance of Spain these with the actual arms of France besides the diversions of the Low Countries and Italy so as in all probability the War is like to last long and the balance may be swayd as other Princes put to their hands And the King of Swede having lately moved both the Princes and States of his alliance and others to joyn league for the liberty of Germany and for peace and inviting us to joyn therin and the Emperour also discovering on his side an inclination to treaty and to peace you must entreat for our better information our Uncles sound advice and how he stands affected and whether he be engaged in any such treaty with whom and how far and whether our conjunction with the rest will be desired To which we may by him be perswaded to apply our selves so as by the treaty the full restitution of our Brother and Sister to their Patrimonial Dignities and Estates being the only interest of our engagement may be effectually provided for If upon these intimations the King shall reveal unto you any overtures of a treaty already in hand and that therin our conjunction will be desired you shall with speed give us account of the particulars and of the grounds therof with all the circumstances of persons times and places that therupon we may send you such further powers and instructions for your proceedings with our Uncle and other Princes as with the advice of our Council we shall think meet Besides this main business other occasions may be apprehended there by you for the advantage of our service for iâ—… by conference with Avery you shall understand of any impediment or obstruction of the trade of our Merchants residing in Hamborough caused by any difference betwixt that King and the Town or by his pretence of commanding the River of Elve you shall do Offices in our name betwixt our Uncle and the Town to remove offences and to settle good agreement upon honorable terms for the King and so as an Innovation may not be made which may prejudice the intended treaty or which may restrain our Merchants from that freedome of trade there which they have enjoyed so many yeers And wheras by occasion of the War betwixt Poland and Sweden new Impositions are raised in the Pellow and elsewhere with other restraints of trade which in the end will force our Merchants and the Low Country-men also to seek the Commodities of Eastland in America to the great detriment of the Kings Customes at Elsenore you shall in this regard advise with our Uncle how the ancient freedom in like manner may be restored in that trade For Island you shall signifie to our Uncle that in conformity to his late Letters we have prohibited our subjects that Fish in those Seas or fetch Hawks from those parts either to export or import any Merchandise to hinder his Farmers not doubting of his gracious reciprocal favor to our said subjects in their lawful proceedings Concerning our Coller of Rubies which hath formerly bin engagd to raise moneys you shall inform your self by Avery how the case now stands and shall proceed as upon further advice therof we shall direct You shall keep good correspondence with our Ambassadors and Agents in all parts as occasion shall be offered but especially with Sir Henry Vane who is employed with the King of Sweden and with Sir Robert Anstruther at the Emperours Court. IOHN COKE By these two Presidents of Commission and Instructions we may see how exact and curious the English Court is in this point how quaintly such Publik Dispatches are couchd not so plain and flat with such superfluity of speech as I have seen the Instructions of other Princes stuffd withal We will to the Reception Attendance Treatments Gifts Lautia composing of Differences with other high civilities usd towards Forren Ambassadors in the English Court. Touching the first Ther are no Ambassadors whatsoever receavd more splendidly and with greater state both by water and land then in England For first he is brought in Royal Barges a good way upon a Noble Navigable River through a Forest of main Masts on both sides and landed at the stairs of a huge Tower in sight of a stupendious Bridg such as I may well say the world hath not the like Then is he conducted in the Kings Coach with a great number besides through the centre of the City of London to a house expresly provided for him if he comes extraordinary where he is magnificently treated for divers days upon the Kings charge Now the Rule of the Court is That the Ambassador of a King is to be brought in by an Earl at least an Ambassador from Dukes and Republiks to be brought in by a Baron T is a Rule also that no Ambassadors be allowd this honor at privat Audiences but only at the first and last publik or when any are invited to Dine with the King Moreover that no Ambassador except a Kings is to be met with the Kings Coach further off then the Tower-wharf And wheras the Coaches of other Ambassadors residing upon the place were usd to go to accompany the new-landed Ambassador from Tower-wharf which gave occasion of clashing for Precedeâ—…ce of Coaches as happened the last yeer twixt the Spanish Ambassador the Baron of Batteville and Monsieur Lestrade the French which flew so high that it went to effusion of blood and killing as it is mentiond before in the last Paragraph of the first Section more particularly Ther is an Act of State passd that all Forren Ambassadors shall forbear for the future from that complement of sending their Coaches to that purpose Well the new Ambassador being so housd is visited by persons of Quality as also by other Ambassadors Now it is a Maxime among Ambassadors That the first come is to visit the last come Touching Presents ther 's no Court goes beyond that of England It was a Rule that the French and Spanish Ordinaries were to have 4000 Ounces of Gilt Plate at their departure The Venetian Ambassador 2000 The Archdukes 1600 c. But by the Examples of other Courts ther was a retrenchment herof and it began first with Monsieur Buisseaux in King Iames his Raign who had but 2000 Ounces sent Him the Venetian 1600 and the Archdukes 1000 c. Touching divers sorts of Clashes Contestations Differences and Punctilios betwixt Ambassadors ther have bin as prudent and preventing courses taken in the English Court from time to time as in any other as will appeer in the printed Observations of that worthy Knight Sir Iohn Finets to
person with his Mother and most of the chief Peers came to meet Him as far as Amyens above two days distant from Paris He carried with him 140000l sterling a prodigious sum in those days though Silver was but 20d an Ounce He transported that vast sum with him to assist the French King and other Confederats in a War against Charles 5. Emperour Ther is no History can parallel this Embassy it was performd with such a glorious Equippage Besides the Ambassador had such a Plenipotentiary and transcendent Cummission that he gave the Law both to France and the Popedome and he comported himself with such dexterity and high wisdome that all the Princes of Christendome who had their eyes fixt upon him admired him This second example shall be of another strain of Gallantry by Sir Ierome Bowes who was employd Ambassador to the Emperor of Russia who was cryed up for a Tyrant Sir Ierome at his first audience having some affronts offerd to be put upon him that he shold put off his Hat els it shold be naild to his head he was not a whit daunted but kept it on still saying he had no such commission from the Queen his Mistress Therupon the Emperour slighting the Queen in comparison of the Emperour of Germany who was the only Prince Paramount Sir Ierome replyed That his great Mistresses Father had the Emperour his Majesty speaks of to serve him in the Wars and receavd pay of him Wherupon with a kind of astonishment at his courage he parted peaceably But afterwards being advancd in his Journey as far as Archangel and being embarkd ther came some of the Emperours Officers with Presents of rich Furs for the Queen and some for himself and being come to the side of the ship with them He wold not suffer them to board but drawing out his Sword said My Mistress the Queen of England hath no need of your Catskins nor I neither therfore you may carry them back Ambassadors being sent to Bourbourgh to treat of a Truce betwixt the King of Spain and the Hollanders Doctor Dale was sent for an assistant and coming to kiss the Queens hands she told him That understanding he was a Learned Man and a good Civilian she made choice of him for that employment and she wold allow him 20s a day He humbly thankd her Majesty and said he wold spend nineteen of them evry day for her Majesties honor therupon the Queen asking him what he wold do with the other odd shilling he replyed I will keep that for my Wife Kate so the Queen encreasd his allowance Being assembled to treat ther was a Debate in what Language they shold treat the Spanish Ambassador thinking to put a jeer upon our Ambassadors said Let us treat in French for your Queen is Queen of France No said Doctor Dale then let us treat in Hebrew for your Master the King of Spain calls himself King of Ierusalem Sir Edward Herbert late Earl of Cherberry being Ambassador in France it happend that he had a clash with the great Favorit and Constable Luynes which was thus Sir Edward had receavd privat Instructions from England to mediat a Peace for Them of the Religion and in case of refusal to use certain Menaces Hereupon He coming to the Army which was then before St. Iean d'Angely where the King was in person and he finding that the approches to the Town were almost finishd He hastned his address to the King for an audience The King referrd him to Luynes desiring that what he had to say might be imparted unto Him Wherupon he went accordingly to Luynes Lodgings and deliverd his Message but so that he reservd the latter part which was Menaces until he heard how the business was relishd Luynes had hid behind the Hangings a Gentleman of the Religion who was upon point of turning Roman that being an Ear-witness of what had passd between the English Ambassador and Luynes he might relate unto Them of the Religion what little hopes they were to expect from the intercession of the King of England The Ambassador and Luynes having mingled some Speeches the language of Luynes was very haughty saying What hath your Master to do with our Affairs why doth he meddle with our Actions Sir Edward replyed It is not you to whom the King my Master doth owe an account of his Actions and for Me t is enough that I obey Him In the mean time I must maintain that the King my Master hath more reason to do what he pleaseth to do then you have to ask why he doth it Nevertheless if you desire me in a gentle fashion I shall acquaint you further Wherupon Luynes bowing a little said Very well The Ambassador answerd That it was not on this occasion only that the King of Great Britain had desired the peace and prosperity of France but upon all other occasions whensoever any troubles were raisd in that Country And this he said was his first reason The second was That when a Peace was setled there his Majesty of France might be better disposd to assist the Palatin in the affairs of Germany Luynes said We will none of your advices The Ambassador replyed That He took that for an answer and was sorry only that the affection and good will of the King his Master was not sufficiently understood and that since t was rejected in that manner He could do no less then say that the King his Master knew well enough what He had to do Luynes answerd We are not afraid of you The Ambassador smiling a little replyed If you had said you had not loved us I shold have beleevd you and made you another answer in the mean time all that I will tell you more is this That we know very well what we have to do Luynes herupon rising a little from his Chair with a fashion and countenance much discomposd said By God if you were not Monsieur the Ambassador I know very well how I wold use you The Ambassador râ—…sing also from his Chair said That as he was his Majestie of Great Britain's Ambassador so he was also a Gentleman and that his Sword wheron he laid his hand shold do him reason if he had taken any offence After which Luynes replying nothing the Ambassador went on his way towards the door and Luynes seeming to accompany him the Ambassador told him That after such Language ther was no occasion to use such ceremony and so departed expecting to hear further from him But no message being brought him from Luynes he did in poursuance of his Instructions demand audience of the King at Coignac St. Iean d'Angely being now renderd up who granting it he did in the same terms and upon the same motives mediat a Peace for Them of the Religion and receavd a far more gentle answer from the King The Marshal of St. Geran coming to Sir Edward Herbart told him in a frendly manner You have offended the Constable and you are not in
ΠΡ Ο Ε Δ Ρ Ι Α Î’ Α Σ Ι Λ Ι Κ Η A DISCOURSE Concerning the PRECEDENCY OF KINGS Wherin the REASONS and ARGUMENTS Of the Three Greatest Monarks of Christendom Who claim a several Right Therunto Are Faithfully Collected and Renderd Wherby occasion is taken to make Great Britain better understood then some Forren Authors either out of Ignorance or Interest have represented Her in order to this Particular Whereunto is also adjoynd A distinct Treatise of AMBASSADORS c. Symbolum Authoris Senesco non Segnesco LONDON Printed by Ia. Coâ—…trel for Sam. Speed at the Rainbow and Chr. Eccleston at the middle shop under St. Dunstans Church in Fleetstreet 1664. TO HIS MAJESTY OF Great Britain France and Ireland c. SIR THer are many who have written of the Pre-eminences and Antiquity of the Power and Prerogatives of France and Spain in order to a Precedence or Superiority But while they magnifie their own Kings they derogat from other Moreover while they produce their Resons they often fall into such excesses of speech that they may be calld rather Rodomontados then Resons But ther is none who hath written yet of Great Britain in relation to this Point therfore t is the principal scope of this VVork wherin ther is an Endevour to make Her better understood and to prove by Relevant and lively Resons without offence to any That the Monark of Great Britain if He go not before at least He ought not to come behind any King whatsoever Now in regard t is a Theme of so sublime a Nature and depends chiefly upon ancient Records History and the Opinion of Civilians who have bin principally consulted the Author hath had a special Care and Caution to be very exact and tru in his Quotati ons of all kinds Lastly The Author most humbly under favor did deem Himself not altogether incapable of such a Task for having bin in most of the great Courts of Christendom For having Negotiated by Royal Commission above three years in the Court of Spain For having bin Orator in an extraordinary Ambassage to Denmark and divers Princes of Germany For having bin so often in France and sundry Courts of Italy c. He may be thought not to be Impar Negotio May all the Blessings and best Influences of Heven light upon Your Royal Head this New-Year and many many many more according to the due and dayly Devotions of the humblest of Calendis Januarii 1664. Your MAJESTIES Votaries Vassals J. Howel To the Discerning Reader THe Ingredients and Matter wherof this New kind of Historical Peece is composd may be said to be all of Crown-Gold the subject therof being Kings Whence it is worth the observing that History is a Lady of that Excellence that she hath Kings to her Subjects We well know what a ticklish and tremendous Task it is to treat of Kings who have power of Life and Death Ther must be as much Caution as Care usd therin It is as perilous as it is painful It is as walking upon the Ridg of a high House or dancing upon a Rope where unless one be well counterpoizd he is in danger to break his Neck Especially a task of this high nature that treats of Regal Precedence And we find that they who write too peremptorily thereof have done it with more offence then satisfaction And indeed ther was never any binding Determination made therof but where Decisions have bin made the Princes upon new occasions have excepted or protested against them Therfore the Author here doth not presume to determine the Question positively and definitively en dernier ressort for Tantas componere lites Non opis est nostrae Therfore he refers it to the Discerning Reader who is left free and evry way unsubornd to pass his Iudgment accordingly in mesuring evry King by the merit of his own Resons which are here fairly and faithfully exhibited and those of France and Spain exactly drawn out of their own Authors having not omitted any that hath any weight Now t is found among Historians that Contestations about Precedence of Session and Superiority with other Formalities Complements Visits and Ceremonies have bin very fatal to Christendom And t is observd also that the various Dignities in the Church hath multiplied them The great Clash twixt Rome and Constantinople twixt St. Peter and St. Andrew was the unhappy cause of the Defection and total Separation of the Greek Church from the Latin The hot Dispute for Precedence twixt the Emperour Frederiki and Pope Adrian 4. did put all the Christian world on fire The great Oecumenical Council at Lyons which concernd so much the interest of Christendom broke up about Punctilios for Precedencie The great Contest twixt Patriarks and Cardinals bred a great deal of confusion but at last the Patriarks had the better for they of Constantinople Hierusalem Antioch and Alexandria precede the Cardinals though they be calld the Princes of the Church and have the Prerogative not to be tryed without 72 Witnesses I mean the Bishop-Cardinals 44 Witnesses the Cardinal-Priests and 30 the Deacon-Cardinal One of the 24 Causes and it proved the greatest that the English lost France was a Clash that happend at St. Omers twixt the Duke of Bedford and Burgundy about Punctilios of Complement and Precedency That hopeful Trety of Peace at Bullen twixt Queen Elizabeth and her Brother-in-law Phil. 2. King of Spain after a long lingring War by Sea and Land broke off for question of Precedence or rather for the peevishness of the Spanish Ambassadors who had no other Argument that had any probability of reson but that the Catholik King was encreasd in Territories wheras the Civilians say that Supervenient and Accessory Dominions with accumulation of Titles have no force twixt Princes all the while they continue still in eodem gradu dignitatis Nor could they give any answer at all to the Arguments the English Ambassadors producd wherof one was that of Volaterranus who doth plainly relate how the Pope did adjudge the Prerogative of Precedence to Hen. 7. of England before Ferdinand of Spain as it will appeer more at large in the following Discours Now ther have bin divers means found by prudent Mediators from time to time for accommoding and reconcilement of differences in point of Precedence somtimes by dilatorious ways somtimes by Alternatif Determinations yet Jure Partium integre reservato As the great clash twixt Warwick and Buckingham in England was composd that they shold precede alternatim evry three yeers so the hot contest twixt the Ursini and the Colonnas two of the antientst Families in Rome was reconcild that the elder of the two who were living shold precede which makes the younger never come to the Popes Chappel where they take place next Kings Ambassadors The difference Inter Scherensem Wolfeggianam Familiam in Germany was reconcild that the one shold carry the Pomum Aureum the Golden Apple of the Empire going in the other at
meum apponerem consuetum Testes qui fuerunt praesentes ad ista unà mecum sunt Dom. frater Martinus Lupi Magister Militiae Domus de Alcantara Ordinis Cistern Rogerus Dom. de la Wara Gomeicus dicti Dom. Regis Magister Paulus Gabrielis Civis Ispalensis Iohannes Guttern Decanus Ecclesiae Segobien Magister Robertus Fregand Notarius Cancellarius Domini Principis Aquitaniae Walliae supradicti Then the Great Seal of Castile and Leon was affixd By vertue of this Charter legally made to King Edward and the Prince his Son and to their Heirs and Successors Kings and Princes of England for ever it is therby granted that whensoever it shold please them to be in person in the Wars with any King of Castile against the King of Granada or any other Enemy of the Christian Faith They shold have the First place in the Vangard above all other Princes of Christendom and although neither of them were present yet ther shold be always provided by the Kings of Castile and their Successors a Standard of the Arms of England to be born in the same place This Instrument was made after that the Black Prince had done the Work and restord Don Pedro to his Kingdom therfore he passd it as a Monument of eternal Gratitude unto him But before the Prince uudertook the business ther was also a Bond from the King to pay so much money for defraying the Princes Army and in consideration also of this undertaking it was legally agreed that the Prince shold have the Castle of Vermeo de la Quet Bilbo Biscay and the Castle of Ordials A tenir perpetuellement à li ses Heirs Successeurs pour doner là où luy plerrà to be held perpetually by Him and his Heirs and Successors and to give to whom he pleasd All which was ratified under the Great Seal of Castile and confirmd by Oath upon the holy Sacrament in the great Church of Burgos The Original of which Instrument remains yet in Thes. Regio apud Westm. We will pass over the Exploits done in Armorica or Little Britany and cross over to a tougher Peeple the Scot who though Conterranean and our neer Neighbours yet they did always confederat with the French against England and England still boar up single and victoriously against both of them For when Scotland was at the highest pitch of power when she had active and boysterous Kings to her Generals and the French for her Coadjutors and Auxiliaries as also the Danes in Ages past yet the English carried away many fair Victories with divers of their Kings Prisoners As will appear by a short Survay we shall take of such Battails and Warlike Encounters which intervend from time to time twixt the two Nations We will begin with that famous Battail twixt King Athelstan and them when they had a great Army of Danes joynd with them and being twice in number more then the English yet King Athelstan obtaind a signal Victory both by Prowess and Policy for the two Armies being ready to joyn the English made semblance to flee away leaving their Bagage behind which as the Scot and Dane were a sharing the English did suddenly wheele about by the advantage of a Woody Hill and finding them in disarray and laden with Booty they rushd upon them with such a Resolution that above 40 thousand of them and as Buchanan their chief Chronologer hath it the flower of their Nobility perishd there at that time The first Fire-ball of War which was thrown twixt both the Nations since the Norman Invasion was in William Rufus his Raign when the Scot having made divers Incursions into the English Borders Moubray Earl of Northumberland was sent against them who incountring their King Malcolm with his eldest Son in the Field they were both slain and the whole Army overthrown In King Stephens days Thurston then Archbishop of York was sent with an Army against the Scot who meeting the King himself in the head of his Forces utterly routed him with the death of above 10000 of his Men. Henry the second employd only the Knights of Yorkshire as Humphry-vile Scuttvil and Vescy to make head against the Scot which they did with such Valour and Success that they took the King in the Field and as a Trophy of their good Service and Victory they presented him Prisoner to the King at Northampton whence he carried him along to attend him in his French VVars William the Scots King attended Richard the Lion-hearted at his second Coronation when he returned from the Holy Land and carried the Sword before him bare-headed Edward the first calld in story and as his Tomb in Westminster tells us Scotorum Malleus the Hammer of the Scots summond King Baliol to Newcastle to swear Fealty unto him but fleeing afterwards to the French King at his return King Edward summons him again to Berwick where he re-submitted himself with all his Nobles in open Parlement which King Edward held there and for Caution brought Baliol along with him leaving the Earl of Surrey Warden of Scotland Then started up a notable Blade one Wallis who notwithstanding that King Baliol was Prisoner in England gatherd such a strength that causd King Edward to go again in person and at Fonkirk Battail killd outright 200 of their Nobles and Gentry with about forty thousand Common soldiers Then he summons a Parlement at Edinburgh where all the Scots Nobles swore Fealty to him and then he carried away thence their Great Charter calld the Ragman-Roll the Black-Cross and the Stone wherein they believe the Fate of Scotland is fixd Then ther was a third Provocation offer'd for le Bruce was crownd King of Scotland wherupon the Earl of Pembrook was sent against him who utterly defeated him at Iohnston yet all was not quiet but King Edward was forcd to make a fourth expedition thither in person when he constraind le Bruce to flee away to Norway where he blew on his Nayls while King Edward liv'd But Bruce being come back and Usurping during Edward the seconds time who we read was so infirm and infortunat a King his Father Edward the third restord Baliol by force of Arms and made him swear Fealty to England again But some yeers after King Edward being deeply engagd in the French Wars David the next Scots King rush'd into England with about sixty thousand men being confederat with the French King to divert the War there But Queen Philippa with the Archbishop of York and the Lords and Knights of the North encounterd this huge Army and utterly defeated it one Copland taking the Scots King Prisoner whom he he reservd for a present to give King Edward when he came from France and to keep company with Iohn the French King who also was taken Prisoner by the Black Prince And there were but six weeks difference of time twixt both Victories In Richard the seconds Raign the French King sent his High Admiral with a thousand
choice men at Arms in a Fleet of 60 Sayl of Ships with Arms for 12000 men more into Scotland Therupon an English Army being raisd it struck into Scotland like a Whirlwind and piercing the very heart of the Country advancd as far as Dundee and returnd Victorious Henry the Fifth took Iames the first Prisoner and carried him over to attend him in his French VVars In Hen. 8. time the Scots King although his Brother-in-Law taking his advantage when he was in France battring the Walls of Bullen with the flower of the English Nobility raisd the greatest Army that Scotland could make for invading England therupon King Harry sent a Commission to the Earl of Surrey to raise Forces accordingly The two Armies met at Flodden-field where the Scots King and the Archbishop of Saint Andrews his Brother were slain with twelve Earls 14 Barons and 12000 more Not long after Solmosse Battail was fought where eight Scots Earls were taken Prisoners with 200 Gentlemen and others insomuch that as the story saith ther was never an English soldier but had his couple of Scots Prisoners Four and thirty yeers after the same day both of the month and the week as the Historians observe Musselborough-Battail was fought which because it was the last and one of the most signal and sanguinary great Battails from the Conquest that was fought twixt the English and the Scots I will here particularize but with as much brevity as may be The Duke of Somerset was General of the English the Earl of Warwik his Lieutenant the Lord-Admiral Clinton had 60 ships of War which were to hold cours with the Land-forces the whole Army consisted but of about 13000 Foot 1200 men at Arms 2500 Light-horse 16 Peeces of Ordinance evry Peece having a Gard of Pioners who came to about 1400. From Berwick they entred Scotland and marchd as far as Musselburgh far within the Country they seizd upon three small Castles as they passd and with infinit pains overcame the Natural and Artificial Difficulties of the Ways They understood that the Scots Army far exceeded them in number and ther came Recreuts dayly unto it For the Fire-cross was carried about by the Heralds through all parts which is two Firebrands upon the point of a Spear that all above sixteen and under sixty yeers shold repair to the General Rendevous insomuch that the Scots Historians themselfs do mention that ther were above thirty thousand in the whole Army which was twice the number of the English The Battail was fought with much resolution and cagerness on both sides yet notwithstanding that the Scot was at his own home and that the English were tir'd by a long difficult march they obtaind an absolute Conquest ther were slain of the Scots about 14000 out-right upon the place wherof ther were 3000 Kirk-men as Fryars and Monks Huntley with other great Lords were taken Prisoners 30 Peeces of Ordinance were taken and shippd for England with 30000 Iacks as the Record says and the English plunderd the Country five days march further and did what they wold We will conclude with the late Battail at Dunbar still fresh in memory where ther were not much more then 8000 English and the Scot had them at a great advantage yet the English making a Vertu of Necessity utterly overcame an Army of about 24000 Scots an Army that had been long a moulding and consisted of many of their Nobility and Gentry they lost both Bag and Bagage Artillery and Arms ther were above 3000 slain 10000 taken Prisoners whereof ther were 260 Officers 15000 Arms and 30 Peeces of Ordinance and neer upon 200 of their Colours were brought to hang in Westminster-Hall for Trophies Out of what hath been said this Inference may be made That in all those Traverses and Encounters of War that England had with Scotland which were neer upon an hundred since the Conquest take small and great together the English did always foyl the Scot except in Ed. 2. time as shall be said hereafter In some Battails we may find how they carried away more Captives then they were common soldiers themselfs driving them as it were like sheep before them And observable it is that the greatest Battails were fought in Scotland it self after that the English had been tir'd and dispirited by long marches over uncouth and strange places being ignorant both of the Advenues and Advantages of them Tru it is that in Ed. 2. Raign they won two or three Victories wherof that at Bannocks-Battail was the greatest where Gilbert de Clare Earl of Glocester and about 40 Barons with 700 Knights and English Gentlemen were killd In Hen. 8. Raign they got also a small Victory when Sir Ralph Evers was slain In the time of the Long Fatal Parlement they did likewise many Insolencies and rush'd far into England but those Invasions may be rather termd Invitations by some spurious and unworthy-degenerated English-men who had contrivd their coming in long before whose memories will stink in the Nostrils of all Posterity But the English have taken four of their Kings Captives killd two other in the field carried away their Crown with the chiefest Ensignes of Royalty c. Nor were such high Exploits performed by the Kings of England on Land only but by Sea they have been as glorious Historians say how King Edgar had a Navy of three thousand six hundred ships and bottoms of all sorts which he divided to three Fleets that usd to coast about and scowre the Seas as far as Norway evry year and he in person would go often Admiral himself and be all the Summer abroad Philip the French King not long before the Battail of Cressy to hinder Edward the thirds return into France got a mighty Navy in Equippage of 200 sayl of ships besides Gallies in the Haven of Sluce wherof King Edward being advertised prepared such another Fleet and encounters the French with such resolution and success having the Wind and the Sun for him that he utterly defeated the whole Navy slew about thirty thousand men and so returned with mighty triumphs and the admiration of all Europe Philip the second of Spain having as he conceavd endured divers Affronâ—…s and Injuries from Queen Elizabeth conceald his Discontents a long time until he had provided the Invincible Armada as it was calld wherewith he hoped to have swallowed all England It was three years preparing it consisted of above 150 sayl wherof most of them were Galeons they were mannd by 8000 Mariners they carried 20000 Listed soldiers besides Volunteers they had 1600 Brass Cannons 1000 of Iron and 120000 Granado's with other Fireworks of all sorts This Prodigious Fleet stood the King of Spain in 10 Millions first and last from the time that she set sayl out of Lisbonne as t is found in their Annals she lookd like a Forest at Sea as she steerd along Q Elizabeth had first news hereof from Hen. 4. of France But then how did that Masculine Queen
whatsoever He did being done by fear duresse and compulsion was of no better force then a Covenant extorted by violence or made in prison by a private man which when he is at liberty he is not bound by Law to perform if it tend to his damage To this t is answerd That the case is far different twixt Souverain Princes and privat men for between the one ther fall out but Processes and Suits in law if they disagree or not perform what is a greed upon But between Princes bloud and Wars fire and Sword death and destruction somtimes of whole Countries and millions of human soules do Ensue Therfore when a King by the propitiousness of Heven and his own prowess by the hazard of his life loss of his peeple with infinit pains and expence of Tresure hath gaind a Victory by the justness of his Cause and Divine decree or reduâ—…d his Enemy to a streight All the Civilians concur in one unanimous opinion that he may make the best advantage he can of his good successes and reduce his Enemy to what terms he please And the Articles which shall then be capitulated consented and sworn unto are to be exactly performd otherwise there wold be no end of any War Now rhe French Chroniclers themselfs acknowledg that Henry the 5. might at that conjuncture of time and fortune have destroyed the whole Realm of France and taken the King prisoner or driven him quite out But he was so far from doing so that he sufferd him to enjoy the Kingdom while he livd and by taking his daughter to wife made her Issue therby capable not only of the French but also of the English Crown with all the Dominions thereunto annexed Whence some Authors observ that the English have bin usd in all Treaties and Stipulations to be over-reasonable merciful plain and downright But the French crafty double minded inhumane high and subdolous upon all advantages Insomuch that t is a question which was sharper the English blade or the French brain I will conclude this digressive discours with another argument of the French viz. That Charles the sixth could not legally disinherit his eldest son being Heiâ—… apparent to the Crown of France To this may be answerd that neither Charles the sixth was rightful King nor consequently his son heir apparent for since Edward the third of England all the French Kings were but Usurpers they were Kings de facto not de jure Moreover ther are many Examples how the eldest sons of the Kings of France have bin disinherited We read that Robert made his second son Henry King of France by disinheriting Robert his eldest who for compensation was made Duke of Burgundy Lewis le Gros with the consent of all the Peers and Estats of France made also Lewis his second son King and gave Robert his eldest the Earldom of Dreux Dagobert made Clouis his second son King of France by putting by Sigisbert his eldest son I have bin somwhat long in discours of this great Transaction twixt England and France because the chief aim of this Work being at Precedence the discerning Reader may regulat his judgment accordingly We will now go on to conclude this Paragraph the main scope wherof being Antiquity and continuance of Royal Bloud The Genealogical Tree of the Kings of this Iland as all other Countries hath had various Stems the first were Britains now calld Welsh who may contend for Antiquity and may be said to be coetaneous with the Iland it self yea before it was an Iland for ther want not some who hold that it was at first a continent or a peninsula tied to Gallia by an Isthmos or neck of land stretching from Dover to Bullen for the Rocks on both coasts being of a colour and shape look as if they were slented one out of the other Before the Romans took footing here which was neer upon 200 yeers before they could do it peaceably the Britains did still so bear up against them wheras Gallia or France was fully conquerd in less then 10 yeers I say before the Roman Eagle fixd his talons here ther had bin 65 Kings of the British Bloud But then that Race being interrupted by the Romans for above 400 yeers the Iland being freed of Them some of the old British Bloud came to be Kings again among whom some were very famous as 〈◊〉 and Arthur his son the chief Christian Worthy who was the first Founder of Warlike honour conferrd upon his Knights of the Round Table And this Race of the old British Kings lasted till the raign of Cadwallader Anno 689 yet ther were Welsh Princes that swayd still as among other Howel Dha the Great Legislator and stood stoutly for their Liberty until the raign of Edw. 1. in whose raign Leolâ—… the last Prince of the British Bloud being slain in battel his head was brought to King Edward who commanded it to be crownd with Iâ—…ie confessing that he had met with more valour in the Welsh then the Scots for he had fierce Wars with both But Cadwallader being dead the British Race was interrupted again till Owea Tewdors time who descended from Cadwallader as shall be shewd by a Gâ—…rman peeple inhabiting the lower Circuit of Saxony and so calld Saxons by the Welsh and Irish to this day They had a 〈◊〉 a long time but Egbert by conquest reduâ—…d them to a Monarchy and he was the first who calld himself King of England Then that English Race alâ—…o of Kings had two short Interruptions one by the Danes wherof ther raigned here three Kings but all their raigns extended not to â—…5 yeers Then by William of Normandy and that Interruption â—…asted about 40 yeers till Henry the first married the lady Matilda daughter to Malcolme King of Scotland by the Lady Margaret sister to Edgar Athelâ—…g wherby the English Bloud Royal was restord Then by a marvellous providence the British Royal Bloud after about 800 yeers Interruption was restoâ—…d by Owen Tewdor who married the Queen Dowager Katherine and so was Granfather to Hen. 7. which Tewdor by an exact 〈◊〉 that was made by the British Bards and confirmed by the English Heralds came lineally from the foresaid King Cadwallader and Leolin so ther were three Kings viz. Hen. 7. Hen. 8. Edw. 6. with two Queens viz. Mary and Elizabeth all Tewdors Then came in the Royal Race of Scotland by the Lady Margaret Tewdor eldest daughter to Hen. 7. and first branch of the two Roses Now by a due computation made of the premises it will be found that take British or English the source and series of the Bloud Royal of England is above a thousand yeers since And if from Cadwallader you go to the British Kings before the Romans interrupted the Royal succession therof it will be neer upon 3000 yeers which no kingdom â—…ls can say Moreover the Bloud Royal of Scotland some hundreds of yeers before was incorporated in the British for the mother of the first
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
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
so universal good as suppressing of Wars by making Peace Frendship and Concord or for the advancement of Commerce and Frendship Now it adds much to the Honor of Ambassadors that none can send any under that Title unless he be a Souverain Prince Ther is no subject capable to send or receave any Ambassador be he never so great a Viceroy if he do it is no less then High Treson Therfore before the beginning of the last Civil Wars in England it was Treson in the highest degree for the Scots Inconsulto Principe to send Lowden and others in quality of privat Clancular Commissioners to treat with the French King in the name of the whole Nation for assistance And though the King himself made a semblance not to admit or hear them yet his fiery Cardinal huggd them whence it may be well said the first flames of the said VVars broke out It is recorded in the Life of Eliz. Queen of England that the Duke of Alva when he was Governor of Flanders sent Christopher Assonville in quality of a Minister of State but the Queen wold not admit him because he could produce neither Commission or Credential Letter from the King of Spain whose Vassal Alva was In the year 1604. the King of Spain motiond that the publik Minister who was here for the Hollanders shold not be stild Ambassador because they are subject to the Empire and have a Superior having bin incorporated in the Empire by Charles the fifth 1548. at the Diet of Auspurg as Meteranus relates and says besides that Rodolphus 2. writ Letters unto them 1607. as to Vassals of the Empire and consequently they had no power to make Peace or War without the consent of Caesar which they then acknowledgd by their Letters sent to Colen The Electors and Princes of Germany have got a privilege to send and receave Ambassadors touching matters that concern their own Territories but not the state of the Empire The like the Hans Town may do But Rebels have no capacity to employ any in quality of Ministers of State no not so much as an Herald Therfore Charles the fifth was censurd for admitting a Herald with Letters denouncing a War from the Lutheran party in Germany and dismissing him unpunishd though he told him that if he came again in steed of a Gold Chain he shold have a Halter for his reward Touching the Electors or Princes of Germany and the Hans Towns or Cities of the Hansa it hath bin much controverted whether they had Ius Legationis whether they had a capacity to make a Mission of Ministers of State that might bear the quality and privilege of Ambassadors Concerning the first Kirknerus a great Civilian holds That the German Princes may have such a Prerogative but it is secundario tantum Iure Et qui Ius mittendorum Legatorum secundario tantùm Iure habent mittuntur Legati non de Rebus universum concernentibus Imperium sed tantùm sui Territorii ratione eo enim Ipsis intuitu tantùm datum ultra igitur terminos non est procedendum fieret enim altàs prejudicium Imperatori c. The German Princes may employ Ambassadors to Forren Princes by a secondary Right not to treat of Affairs concerning the Universal Empire but of things only appertaining to their own particular Territories and beyond those bounds they must not proceed And ther are some Princes in Italy also that are no less under the Majesty of the Empire in this kind but c. As for the Hans Towns and Corporations they claim the same privilege as the Princes do for they are free Imperial Cities and communicat of the same Regalias yet all by the indulgence of the Emperour wherunto his necessities from time to time enforcd him The Provinces of Belgia or the Netherlands under pretext of such a Right sent the Baron of Montigni as Ambassador to Spain at the beginning of the tumults but Philip the second choppd off his head saying That Vassals much less Rebels have no power to employ Ambassadors Yet this King his Grandchild admitted Ascham who came from as notorious Rebels though not in reference to him which he excusd in regard that Queen Elizabeth had receavd Ambassadors from Holland at their first revolt before they were acknowledgd a State and that she was the chiefest supportress of them VVe will conclude this Paragraph with this Ticklish Point VVhether a Protestant Prince may not send an Ambassador to the Pope and by way of civil correspondence receave another from Him though Iustice Ashton was of a contrary opinion yet Sir Edward Coke was for the Affirmatif and his reason is because that besides his Spiritual Jurisdiction the Pope is a Temporal Prince and ther may be Ambassadors sent to him as well as to the Turk or Mogor The fourth Paragraph Of the Privileges Security Reception and the honorable sacred esteem which hath bin always had of the Persons of Ambassadors AMong many other Privileges which Ambassadors enjoy and are endowd withal Iure Gentium by the Law of Nations not only their Persons have bin always esteemd sacred and inviolable but their Houses have bin held and allowd as Sanctuaries all their Servants from the Stuard to the Scullion-Boy are free from all kind of outrages violence or arrests And they have this security not only in Courts and Cities but in the midst of Armies in the Field twixt Swords Muskets and Guns for though Ambassadors come from an Enemy yet they are accounted none VVhensoever they take footing upon the shore or confines of any Prince to whom they are sent they use to be attended by Harbingers and other Officers all the way till they arrive at the Court. If they be robbd the King makes good their losses If an extraordinary Ambassador he is attended at his first entrance with a more splendid equippage he is Lodgd and Dieted at the Kings charge for so many days with his whole train At his Audience the King riseth to him pulls off his Hat and bows his Body c. Besoldus produceth the King of England anno 1527. for an example how he observd the French Ambassador as if he had bin the King himself His words are Angliae Rex Gallicum Legatum planè ut Regem observavit eique supremum locum concessit adeoque honoravit ut in Comoediis ipsius Regis filiae sustineret personam The King of England observd the French Ambassador plainly as the King and gave him the upper place and he so honord him that he held by the arm the Kings Daughter to a Comedy But the Princes Electors carry themselfs high in this particular for they take place of Ambassadors and the reason which Guetta and other Civilians give is In praesente Principe vera Majestas in Legato tantùm dignitas aliena In Principe reiveritas in Legato effigiata adumbrata est ut autem umbra Luci ita Principi Legatus quamvis enim Fictio tantùm operetur quantùm rei veritas
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
after they desird new audience which was suspended to be given them and in the interim the King sent Sir Edward Conway his principal Secretary of State and Sir Francis Cottington Secretary to the Prince both Lords afterwards to signifie unto the said Ambassadors that he desird nothing more then a continuance of frendship twixt the two Crowns therfore if they had any thing to say they shold communicat it to the said Secretaries as persons of trust which he employd expresly for that purpose and if they made any difficulty of this also then they might choose among his Council of State those whom they likd best and he wold command that they shold presently repair unto them and if this also shold seem inconvenient they might send him what they had to say in a Letter by whom they thought fittest and he wold receave it with his own hands But they gave no answer to all this therupon the said Secretaries told them according to their Instructions which they had receavd from his Majesty That they being the Authors of an Information so dangerous and seditious had made themselfs incapable to treat further with the King their Master and were it not for the respect he bore to the Catholik King his dear and beloved Brother their Master and that they were in quality of Ambassadors to such a Majesty he wold and could by the Law of Nations and the right of his own Royal Justice proceed against them with such severity as their offence deservd but for the reasons before said he wold leave the reparation to the Justice of their own King of whom he wold demand and require it Herupon Sir Walter Ashton Ambassador then in Spain for the Crown of England had audience of that King wherin he said That the King of Great Britain his Master had commanded him to demand refaction and satisfaction of his Majesty against the Marquiss of Inojosa and Don Carlos Coloma for scandalizing the Duke of Buckingham with other of his best subjects and through his sides aiming at the Prince himself for it is unlikely the Duke wold have cast himself upon such a designe without the communication of it to him and to know his plesure so he remonstrated the whole circumstance of the business c. And in conclusion he said That he humbly beseechd his Majesty to observe and weigh well the care and tenderness wherwith the King his Master had proceeded towards his Majesties Ambassadors not obliging them to any precipitat resolutions but giving them time and opening a way how they might have cleerd themselfs c. It was expected that the said Ambassadors at their return to Spain wold have bin punishd or at least checkd but matters growing daily worse and worse twixt England and Spain the said Ambassadors were rather rewarded then reprehended at their return Inojosa being made afterwards Governor of Milan and Coloma receavd addition of command and honors in Flanders But the high civilities of England at that time towards the said Ambassadors was much cryed up abroad that notwithstanding so pernicious a machination to demolish Buckingham and to discompose the whole English Court yet they were permitted to depart peaceably and Sir Lewis Leukner was commanded to conduct them to the Sea-side for prevention of any outrage upon their persons We have dwelt the longer upon this business in regard ther are extraordinary traverses of State in it being a Plot of an unusual reach of policy which will be found more amply related in the addition the Author made to Finets Ambassador but in regard it is so pertinent to this Paragraph he thought it fit to insert the substance of it here We will now resume things touching the Office of an Ambassador It is very necessary he shold have his Credential Letters exact and plain His Commission plenary and fortified with as much authority as he can The Spanish Ministers when the Prince of Wales was there objected against the Duke of Buchingham that his Commission for he came also in quality of Ambassador was not so compleat and authentik as that of the Earl of Bristols for he had his Commission under the Broad Seal of England wheras the Duke had his by the King only The Civilians make a question Si à Legato Mandata poscantur is adigi possit ad ea exhibenda Their opinion is That besides his Credential or Fiduciary Letters and his General Commission he is not bound to shew any more Touching his privat Instructions Paschalius saith Mala eum agitat res qui in Legati Secreta irreligiose irrumpit It is questiond further Whether it may stand with the Office and Honor of an Ambassador to receave Gifts and Presents from the Prince he is sent unto which the Civilians call Lautia a word peculiar only to Ambassadors some are for the Negative which the Hollanders do follow for their Ambassadors use to receave none not so much as a Bottle of Wine But most are for the Affirmatif But the Venetians who are reputed to have the best Rules touching Ambassadors though they allow it yet their Ambassadors are bound to exhibit their Presents to the Senat and t is thought much of St. Marks tresure consists of it They are also bound in a large Oration to give an account besides that of their Embassy what they observd most remarkable in the Government State and Quality of the Country of which Oration they bring also a Manuscript which is put up in their Archives Iohn Earl of Bristol at his departure from Madrid notwithstanding that the weather had grown foul twixt us and Spain receavd a Cupboard of huge massie Plate valued at 20000 Crowns of this King of Spain who also gave him a Diamond Ring off his Finger rated at 1500 l. sterling and the reason was because he had found him so wise faithful and industrious a servant to his King The Civilians make likewise a doubt whether it may not interrupt the Office of an Ambassador to have his Wife and Children along with him but they who hold the contrary are rather exploded then approved For to leave his Wife is for one to leave half himself behind him besides Conjugal society is counted the prime of comforts moreover it saves trouble of Writing and charges for Letters and Packets which come to no small sum at the yeers end c. We will conclude this Paragraph with two special things which the Civilians require further for the performance of the Office of an Ambassador viz. That he be reservd and secret in an intense degree he must not be Plenus Rimarum full of chinks and herin the Italian and Spaniard are eminently imitable for all the Drugs in Egypt cannot draw away a secret from them wheras a small Purge or Vomit will make others cast it up Furthermore that an Ambassador may facilitat the discharge of his Office the better it is requisit that he have a previous knowledg of the Court and Country wherunto he is
employd that he be well versd in the Speech therof for it is a sad thing when one is sent Ambassador to see fashions and learn the Language of a Country Lastly ther 's nothing more concerns the Office and Duty of an Ambassador as it was touchd before then to be true to his Instructions Brunus tells us that Qui extra Mandatum agit aliud agit Who acts beyond his Commission acts another thing Yet it cannot be denied but many things in point of circumstance are left to the discretion of a Plenipotentiary Ambassador therfore as I take it ther was by the twelve Tables in Rome a latitude of power left to Legats Quae bonum Patriae eminenter tangunt etiamsi non Mandentur agunto What eminently concerns the publik good though not commanded let them be done The eighth Paragraph Touching the Laws of England relating to Ambassadors in point of Reception Audience Treatments and Rewards as also what prudence hath bin usd for composing of Contestations betwixt them in point of Precedence c. HAving spoken hitherto generally of the concernments of Ambassadors and the privileges of Legation We will now make some inspections in particular into the Constitutions and Common Laws of England which may be calld Civil and very complying in this point The Law of England as the great Father of it my Lord Coke says That Honor Legati honor mittentis est The honor of an Ambassador is the honor of him who sent him That Legati aut Proregis dedecus redundat in Regem The affront offerd an Ambassador redounds to his King By the Common Law of England t is High Treson to kill an Ambassador as among others ther are Examples in the persons of Iohn Kerby and Iohn Algore the one a London-Mercer the other a Grocer who were both arraignd convicted and condemned for killing Iohn Imperial who was Ambassador from Genoa for a Patent he had got of the King for the sole importing of all Commodities from the Levant parts I. Hill was also condemned of High Treson for killing of A. de Walton who was Ambassador c. Then the high civilities that were shewd by King Iames to the Marquiss of Inojosa and Don Carlos Coloma the Spanish Ambassadors notwithstanding their high misdemenures for calumniating the last Duke of Buckingham and through him the Prince of Wales his sole Son and Heir apparent to the Crown as it is mentiond in the next preceding Paragraph And as the Law of England is so respectful of Ambassadors so for her own she useth to furnish them with as political Commissions and Instructions and as exactly couchd as any other Kings Ambassadors whatsoever I will produce only two Examples the one ancient the other modern the first is of Ambassadors sent to the Council of Basile which runs thus Ad Concilium Basiliense sub Eugenio Papa destinati sunt per Regem Ambasciatores Oratores Episcopus Robertus London Philippus Exoniensis Iohannes Roffensiis Iohannes Bajocens Edwardus Comes Moriton Abbas Glastoneensis B. M. Eboracensis Prior Norwici Henricus Bromflet miles Dominus Vesciae Thomas Browne Legum Doctor Decanus Sarum Iohannes Coleville Miles alii Dante 's damus iis Ipsorum majori parti potestatem Mandatum tam generale quà m speciale nomine nostro pro nobis in eodem Concilio interessendi tractandi communicandi concludendi tam de iis quae Reformationem Ecclesiae Universalis tam in Capite in Membris quà m in iis quae Fidei Orthodoxae fulcimentum Regumque ac Principum Pacificationem concernere poterint Nec non de super Pace perpetua guerrarumque abstinentia inter Nos Carolum adversarium nostrum de Francia ac etiam tractandi communicandi appunctandi consentiendi insuper si opus fuerit aissentiendi iis quae juxta deliberationem dicti Concilii initi statui ordinari contigerit Promittentes promittimus bona fide nos ratum gratum firmum perpetuò habiturum totum quicquid per dictos Ambasciatores Oratores Procuratores nostros aut Majorum partem Eorundem actum factum ceu gestum fuerit in praemissis singulis praemissorum Et Hoc idem cùm de super iis certiorati fuerimus ad Nos Christianum Principem attinet executioni debitae curabimus demandaâ—…i In cujus rei testimonium has Literas nostras fiâ—…ri fecimus Patentes Datum sub sigillo nostro Magno in Palatio nostro West monasteriensi x die Julii c. We delegat to the Council of Basil under Pope Eugenius for Ambassadors and Orators Bishop Robert of London Philip of Exceter c. Giving and do herby give them and the major part of them power and command as well general as special in our name and for us to be present to treat communicat and conclude things as well concerning the Reformation of the universal Church as the Pacification of Kings and Princes and likewise of and concerning a perpetual peace and abstinence from VVar betwixt Us and Charles of France our Adversary and also to treat communicat appoint and to consent besides and if need be to dissent from such things that shall happen to be appointed and ordained according to the deliberation of the said Council Promising and we do promise in good Faith to hold for ratified acceptable and firm to perpetuity whatsoever shall be acted or done by our said Ambassadors Orators or Proctors or the greatest part of them in relation to the Premises and any part therof whensoever we shall be certified and as becomes a Christian Prince we shall have a care that all be put in due execution In testimony wherof we have causd these our Letters to be Patents Given under our Great Seal in our Palace at Westminster x Iulii c. Ther repaird to this Council also Henry Beaufort Son of Iohn of Gaunt Bishop of Winchester and Cardinal of St. Eusebius having had license to transport 20000 l. in Gold and Silver which was a mighty sum in those daies which money as the story hath it though mute yet they were moving Ambassadors The second example shall be of Robert Sydney now Earl of Leicester in an extraordinary Embassy to the King of Denmark and other Princes of Germany whose Instructions were these following CHARLES R. Instructions for our right trusty and right well-beloved Cosen Robert Earl of Leicester Vicount Lisle and Baron of Sulney our Ambassador to our dear Uncle Christian 4. King of Denmark c. VVe have preferrd you before others to this honorable Employment because we have observd your constant application to vertuous and noble courses and wold have it known to all that we esteem Titles not of those that bury them in obscurity and Vice but of such that improve their worth for publik service in VVar or Peace wherby tru Nobility raiseth it self above the common sort VVe send you to a great King whom we love and honor not only for his
whom I refer the Reader We will conclude this Paragraph with some further inspections into the Laws of England concerning Ambassadors In the 13 of Queen Elizabeth it was gravely debated in the Bishop of Rosse his case who was Ambassador here for Scotland An Legatus qui Rebellionem contra Principem ad quem Legatus concitat Legati privilegi is gaudeat an ut hostis poenis subjaceat Whether an Ambassador who raiseth Rebellion against the Prince to whom he is sent is to enjoy the privileges of an Ambassador or whether he is to lie under a punishment as an Enemy It was resolved by all the Judges of the Land that he had lost the privileges of an Ambassador and was punishable by the Law of the Land Herupon Mendoza the Spanish Amdassador was commanded away because he fomented a Rebellion c. Moreover as my Lord Coke hath it and therin he agreeth with the Civilians If an Ambassador committeth a delect contra Ius Gentium as Treason Felony Adultery c. he loseth the privilege of an Ambassador and may be punished in England as any privat Alien and not to be remanded but upon courtesie But committing any thing against the privat Municipal Law and Customes of England which is not Malum in se Iure gentium He is not punishable The breaking of Truces and Safe-conducts was once High Treason by the Laws of England but that was mitigated 2 Hen. 5. Furthermore my Lord Coke holds in his fourth Institut That if one be namd but Agent in his Credentials from a King yet he is an Ambassador The ninth Paragraph Concerning the wise Compliances and Witty facetious Sayings and Carriage of divers Ambassadors during the time of their Negotiation c. AS it is a principal quality in an Ambassador to be serious abstruse and reservd in the discharge of his Function so it is a mighty advantage for him to be Witty as well as Wise to be facetious and play the Drol sometimes for the Italian says Non è saggio chi non sà esser pazzo He is not wise who knows not how to play the Fool sometimes Apt pleasant and sudden Reparties discover a great deal of wit An Ambassador being sent to the King of Morocco whose Law we know is not to eat Swines Flesh be brought him Letters wherin all his Titles were not given him The King said Sus has Literas peperit A Sow begat these Letters The Ambassador suddenly answerd Ne iis Vescaris It was done that you shold not eat them The Town of Agrigentum as Herodotus reports having sent Gellias a very hard-favord man Ambassador to Centuripe a low dirty Town in Sicily and being jeerd and stard upon at his audience he answerd Ne Miremini Centuripini ut Urbes sunt ita Cives mei Legatos mittunt pulchros ad pulchras deformes ad deformes Do not wonder O you of Centuripe at me for my Masters of Agrigentum send their Ambassadors as the Cities are Faiâ—… to Faiâ—… Foul to Foul. Don Pedro de Toledo being employd Ambassador to Henry the 4. of France ther were many traverses between them at one privat audience and Don Pedro magnifying much the power of the Spanish Monarchy King Henry said That it was much like the Statue of Nebuchadnezzar composd of divers peeces but having Feet of clay Don Pedro then replying somewhat high the King rejoynd that if he were provokd he wold carry flames even to the Escurial and if that he once mounted he wold be soon in Madrid Don Pedro answerd Indeed King Francis was there meaning Francis the first who was taken at the Battail of Pavia and remaind Prisoner in Madrid divers yeers The King going on further to tax the King of Spain for usurping divers Countries of his and namely the Kingdome of Navarre which he might live to recover Don Pedro answerd That the Iustice wherby the King his Master held Navarre wold help him to defend it The King replyd Your reason is good till I be in Pampelona Don Pedro therupon rising hastily and going towards the door The King askd whither went he so hastily He answerd To provide entertainment for your Majesty at Pampelona A French Ambassador Monsieur de Tilliers as I take it residing here and being invited one day to Dine with King Iames the King being well disposd began a Health to him saying The King of France drinks the French Kings Health The Ambassador answerd as pleasantly Le Roy mon Maitre est bon Lieutenant Il tient bien la France de Luy The King my Master is a good Lieutenant he holds France well from him But of any that I have heard or read of Don Diego de Acunia Count of Gondamar had an extraordinary faculty this way and besides he had well studied the Genius of King Iames in whose Raign he resided here how he was pleasd with sudden plesant Reparties therfore he did Seria jocose he did dispatch serious things in a merry way When Sir Walter Rawleigh was gone with a Fleet to Guiana and when news was broght that he had taken San Toma plunderd the place and killd the Governor which was as some say beyond the bounds of his Commission wherin he was restraind from doing any Acts of hostility upon the firm Land Gondamar came early one morning to the King desiring to speak but only one word to his Majesty being admitted he cryed out Pyratas Pyratas Pyratas intimating that Sir Walter Rawleigh was turnd Pyrat but that word was so fatal that it took off Sir Walters head though upon an old score Another time having discoursd of many things with the King in a privat audience in French the King askd him whether he understood Latin or no Yes Sir said Gondomar I understand it and speak it Discoursing afterwards in Latin of divers things in a free and facetions way it happend that Gondamar spoke false Latin once or twice the King smiling said How comes it to pass that you being an Ambassador to so great a King who shold be exact in all things how comes it that you break Priscians head so often Gondamar replyed Sir I speak Latin like a King and your Majesty speaks Latin like an Ambassador Count Gondamar having bin outragd by the Rabble in London who threw Tobacco-pipes into his Litter and did him other affronts coming after to have a privat audience and the King taking notice of it he said La Harina de Ingalatierra es muy delgada y fina pero el afrecho es muy grossero Sir the Flowre of England meaning the Gentry is very fine but the Bran is very coorse meaning the common peeple Another time being to dispatch a Courrier to Spain and the old Countess of Buckingham being then in extraordinary high favor that most Suters made their address unto her he writ in a Postscript to Count Olivares That ther were never greater hopes then now that England wold turn Roman Catholik for the Mother was more worshippd
a place of surety here Wherunto he answerd That he held himself to be in a place of surety whersoever he had his sword by him Luynes little resenting the affront he had receavd from Sir Edward Herbert got Cadenet his Brother Duke of Chaune with a ruffling Train of Field-Officers neer upon a hundred wherof ther was not one as Cadenet told King Iames but had killd his man I say this Man came Ambassador Extraordinary to England a little after who mis-reporting the Traverses twixt Herbert and Luynes prevailed so far that Sir Edward Herbert was presently revokd to answer the Charge that shold be laid against him In the mean time the Earl of Carlile was employd Ambassador Extraordinary to France for accommodating Le Mal Entendu which might arise betwixt the two Crowns Carlile was commanded to inform himself of the truth of the business aforementiond and he could meet with no relation but what Luynes had made himself wherin more affronting and haughty expressions were laid to Sir Edward Herberts charge then had truly passed For though the first provocation came from Luynes yet the Ambassador kept himself within the bounds both of his Instructions and Honor. But as my Lord of Carlile was ready to send this mis-information to England the Gentleman formerly spoken of who stood behind the Hangings came to the Earl of Carlile and said That he owd so much duty to Truth and Honor that he could do no less then vindicat Cavalier Herbert from all indiscretion and unworthiness and therupon related the true circumstance of the business which was as it was before told The Earl of Carlile being thus rectified in knowledg of the truth gave account to King Iames accordingly who cleerd Sir Edward Herbert and resolvd to renvoy him Ambassador to France wherof he having notice He kneeld to the King before the Duke of Buckingham and desird that since the business was publik in both Kingdoms he might in a publik way demand reparation of Monsieur Luynes for which purpose he beseechd his Majesty that a Trumpeter if not a Herald might be sent on his part to Monsieur Luynes to tell him That he had made a false relation of the passages before mentiond and that Sir Edward Herbert wold demand reason of him with sword in hand on that point The King answerd that he wold take it into consideration but Luynes a little after died and Sir Edward Herbert was sent Ambassador to France again Iohn the late Earl of Bristol being Ambassador in Spain had many clashes with the Alguazils and the Alcalde himself together with divers Officers to preserve the Privileges of his House in point of Sanctuary which was done with much courage and discretion But ther was one signal passage among divers other One Scoppius had publishd an infamous base Book against King Iames and being in Flanders where Sir Iohn Benet was sent for among other things to demand Justice of the Archduke upon him he had fled to Madrid and the Earl being in despair to get him punishd there where the Iesuits are so powerful he employd a good resolut Gentleman Mr. George Digby his Kinsman to give the said Scoppius a Balaâ—…re or slash ore the face which he did to some purpose for t is athwart ore his face and his mouth that had offended which he carried as a mark of Revenge to his Grave The said Earl being also employd Ambassador to the Emperour in the heighth of the Wars for the Palatinat and returning neer Heydelberg or therabouts where Count Mansfelts Army was upon which the greatest strength of the Palsgrave depended which Army being ready to disband for want of Pay the Earl of Bristol pawnd his whole Cupboard of Plate to find mony for the said Army els all had bin lost at that time Such an extraordinary Noble Act and beyond Commission the Earl of Leicester did propose also to do when he was Ambassador to the King of Denmark For wheras that King made a delay to pay the Portion which was due unto the Lady Elizabeth out of the Estate of Queen Sophia her Granmother which amounted to about 150000 l. and which the said Earl had power to receave and the reason of the King of Denmarks delay being because ther were some accounts to be liquidated twixt his Nephew the King of Great Britain and Him The said Earl provided he might receave the said Portion due to the Lady Elizabeth to comfort her now in her great extremities offerd to engage besides his Honor all the Estate he had in England which his Majesty must partly know that this shold no way prejudice the accounts that were twixt Him and the King of Great Britain This motion of the Ambassadors was highly extolld by the King and all the Danish Court for the Nobleness of it The said Earl being afterwards Ambassador for many yeers in France he wold never give Precedence to Cardinal Richelieu and touching Hugo Grotius who as he was Ambassador for Sweden wold have made his Coaches drive before his he was put back avec un pied de nez with a Nose a footlong as is mentiond more at large in the last Paragraph of Great Britain which went before Liberorum Cerebri Sextus Post Quadraginta FINIS The Bookseller to the Reader THe Reason why ther is no Table or Index added herunto is That evry Page in this Work is so full of signal Remarks that were they couchd in an Index it wold make a Volume as big as the Book and so make the Postern Gate to bear no proportion with the Building CHR. ECCLESTON
other Minister of State or Man of Business But this Discours doth appropriat it self soly to the subject we undertake viz. to the Function Office and Incumbency of an Ambassador A necessary Aviso to the Reader WHeras the four following Sections which may be calld so many Decades in regard evry one consists of Ten several Discourses which makes forty in all I say wheras they are full of Quotations Authorities Texts Testimonies and Examples both Modern and Ancient And wheras the Author was not so precise as to point at the particular Pages Paragraphs or Chapters where they are found and wherwith other Books have their Margens so cloggd The Reader is humbly desird to take this Advertisement That it belongs to School-men and Professors of the Laws who use to deal with matters of Meum Tuum or of Life and Death to be so punctual But under favor free Historians are not tied to such a strictness Wherfore they may modestly expect that with an Ingenuous Candor the Readers wold carry with them a Generous Confidence which they may do here without scruple of Conscience or incurring any danger to wrong their Faith J. H. Several Books worth buying to be sold by Samuel Speed at the Rainbow neer the Inner Temple-gate in Fleetstreet GUillims Heraldry Folio Atter sol on Philemon Folio Ammianus Marcellinus Folio Porta's Natural Magick Folio Pharamond a Romance Folio Shepards Actions on Deeds Folio Palmerin of England 4. Artificial Changeling 4. Bacons History of England 4. Dr. Griffiths Bethel 4. Purchas of Bees 4. White on the Sabbath 4. Genealogies in 4. in 8. in 12. Mountagues Essays 4. Perkins Catechism 8. Judge Ramsey of Coffee 8. Ramsey of Poysons 8. Paracelsâ—… of Metals 8. Ainsworths Communion of Saints 8. Sadlers Art of Physick 8. Burgersdicius Logick 8. The Life of Henry the fourth 8. Latine Bibles 12. Andrews Catechistical Doctrine 12. Drexelius Christian Zodiack 12. Wollebius in Latine 12. in English 12. These to be sold by Christopher Eccleston under St. Dunstans Church in Fleetstreet CRooks Report Fol. Wingates Reports Fol. Latches Reports Fol. Queens Closet 12. Wits Recreations 8. Athanasius Life 8. Life of St. Cuthbert 8. Littleton on the Church-Catechism 8. Wars of the Jews 8. Cases of Conscience about things indifferent Grand Case of the present Ministry Review of the Grand Case Sales Epigrammatum being the choicest Dysticks of Martials Epigrams of chief Latine Poets that have been these last two hundred yeers Shakespears Plays Touching the PRECEDENCE OF Soverain Princes COncerning the Pope and the Emperour ther never was any question or controversie of their Precedencies and consequently of their Representatives in all Transactions and Signatures at all Oecumenical Councils with other Public Meetings being allowed to the One by those who are devoted to him by way of Filiation as he is held The Vicaâ—… of Christ The Successor of the Prince of the Apostles The Holy Father who hath the command of the Spiritual Sword which strikes deep having Dominion over the Noblest part of Man which is the Soul Insomuch that some have magnified Him so far and fallen to such an excess of speech as to say That He antecels all Temporal Princes as much as the Soul excels the Body Nor do they onely allow him Priority of place but out of high Ideas of Holiness both Emperour and Kings esteem it a great honour to hold the Bason and Towel when he washeth his hands nay to hold his Stirrop and Bridle yea to kiss his Feet according to the Poet who gives this Character of Him Ense potens Gemino Cujus vestigia adorat Caesar aurato vestiti murice Reges He who commands the Two-edg'd Sword whose Feet Caesar and crowned Kings with Kisses greet Insomuch that when at the great Ceremony of his Consecration by the Cardinal-Bishop of Ostia the Papal Mitre is put on his head the chief Deacon says aloud Accipe Tiaram tribus ornatum coronis scias Te esse Patrem Regum Rectorem orbis c. Receive the Mitre adorned with three Crowns and know that thou art the Father of Kings and Rector of the world c. From hence is derived the Precedence that all other Church-men have as at the Election of the Emperour the three Ecclesiastical Electors viz. the Archbishops of Mentz Colen and Triers take place of the King of Bohemia and all the rest Moreover out of a special Veneration of the Church when the Tremendous Oath is read and administred unto them to be just in their choice the Archbishops put their hands onely upon their Breasts whereas all the Secular Electors hold their hands upon the Book all the while Adde hereunto that the Cardinals being Princes of the Church deduce such a Pre-eminence from the Pope that they take Precedence of all Ambassadours whose Masters are devoted to the Roman See Moreover among the Peers of France the Six Spiritual without any scruple take Precedence of the rest as also our Bishops do in England in the Parliament-house of all the Lay Peers Furthermore the Pope hath still such a sway and influence upon the Emperour that he cannot be stil'd Augustus or receive the Golden Crown until he be confirmed by the Consistory at Rome Of the Emperour WE come now to wait on the Emperour who retains still the Title of Caesar and Semper Augustus He also is stil'd Numen Divus and his Edicts are call'd Sancita Divalia God-like Decrees For many Descents the Empire continued in the Race of Iulius Caesar until Domitius Nero's time then the Name of Caesar grew to be Accidental and given by way of Adoption to the Heir apparent of the Empire whereas before he was call'd Princeps Iuventutis and when the Western Empire came to be reviv'd in Charlemain the next to succeed was term'd King of Italy but now he is created King of the Romanes which Institution was made by Charles the Fifth Iulius Caesar was the first who rais'd Rome to an Empire though it cost him dear for the Foundation thereof was cimented with his own blood being assassinated in the Senat by his nearest Confidents in compassing that great work whereby 't is observable what an extraordinary kinde of Fate did betide that City for as the first Foundation thereof was sprinkled with Blood when Romulus caus'd his Brother Rhemus to be put to death when the first Walls thereof were erecting so the Roman Empire was afterwards first raised by Caesar's Blood And the Spiritual Empire she enjoys since may also be said to have been raised by the Blood of Christian Martyrs among whom above thirty of the first Bishops of Rome were of the number Now if one should compare the present Roman Empire with the Old when it was at the highest flourish the Parallel would bear no more proportion then a Wren who yet is call'd in Latine Regulus a little King doth hold with an Eagle for the Roman Monarchy when she was at the greatest pitch of Sublimity and Altitude of
in the I le of Britain Just according to the ancient Greek Poet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Many Lords are not good let there be but One. Now from that time to this the King of Britain had and hath as Souveraign and incontroulable a sway as any 'T is true that he admits others sometimes to share with him in Counsel but not in Power by a kind of Influence he gives Light and Command to others but he himself receives none from any In the Neighbouring Monarchies it cannot be said so and particularly in France and Spain where it may be said ther is Regnum in regno ther is another Power à Legatus de latere that in a Court of Plea sways ore the Ecclesiastiques who make a considerable part of the Peeple Touching the latter the King of Spain is Feodary either to the Pope the Emperour or to France for all the Countries he hath The Kingdomes of Navarre and Granada were made Feodary to the Pope under Iulius the second Aragon to Innocent the third as also Sardinia in formula fiduciae Sicilia is relevant from the Church as also both the Indies and the Canary Ilands For the Kingdome of Naples and Calabria he sends a Mule with a Purse-full of Gold as a Heriot to Rome evry year for fear of an Excommunication the next day at the receit whereof the Pope says Sufficiat pro hac vice He holds the Dukedome of Milan from the Empire and most of the Provinces in the Netherlands from France whereof he is a double Peer as he is Duke of Burgundy and Earl of Flanders Now 't is questionable among the Civilians whether a Feodary or Homager may be call'd an Absolut Prince specially when Appeals may be made from him to another Court as the Spanish Clergy may from the King to Rome in divers cases The Kings of ENGLAND are free from Subordinations of that kind as the Fundamental Laws of the Land and all the ancient Learned Judges do evidence 'T is a Principle in the English Laws which is confirm'd by Baldus and other great Forren Jurists That Rex neminem habet in Dominiis suis nec Superiorem nec Parem The King in his own Dominions hath neither Superior nor Equal He may be said to be both Caesar and Pompey There is another Omnes sub Illo Ille sub nullo All under Him He under none Another yet Satis habet Rex ad poenam quod Deum expectet Ultorem 'T is enough for the King that God is to be his Judge which is expressed in this Distic Subditus in Regem peccat Legemque Fidemque At Rex in Solum Rex quia nempe Deum Ther are divers others that are conducing hereunto As The King must not be put to do any thing per aspertè but of his free plesure The King never dies but the Heir apparent is King Inchoative as soon as the former dies and the Coronation is but a meer Ceremony not Essential for divers Kings as Hen. 5. and others had Alleageance sworn unto them before they were Crowned There are more Maximes yet That the King can do no wrong but his Ministers may through whose mouths he pronounceth sentence Moreover Nullum tempus occurrit Regi Ther 's no Immemorial or Prescription against the King It is High Treson not only to contrive but to imagine ill against the King By the Kings Prerogative Life it self may be leased c. But that Traverse twixt King Iohn and the Legat Pandolpho when they say he transferred the Crown to the Pope is much insisted upon wherunto t is thus answered That ther are four great things whereof the Records cannot be found The first is that wherin the Emperour Constantine gave Rome to the Pope The second is that wherin Venice hath the Dominion of the Adriatic or Illyrian Gulph The third is the Salique Law The fourth is that Instrument wherby King Iohn pass'd over his Crown and made the Pope Lord Paramount of England Sir Thomas More who was so far devoted to Rome that he is canoniz'd for one of her Martyrs denieth absolutly that King Iohn either did or could make England Feudetary to the Pope because without the consent of his Barons an Act so much prejudicial to his Royal Successors was not valid and that the Peter-pence which they hold to be a Tribut relating to the foresaid Act was but a meer Alms which was given by King Ina 500 years before Moreover put case ther had been such an Act yet it stands upon good record that Innocentius the third did give a Release in these words Per Praeceptum Domini Papae 7 Iulii Homagium relaxatur omninò The Rome-scot also was but Regis larga benignitas the Kings bountiful kindness Adde hereunto that when the Pontificial Power was here at the highest pitch no Legat de latere was allowed but the Archbishop of Canterbury his Subject who by his Dignity is perpetual Legat de latere He is Legatus natus as he of Toledo is in Spain and the Primat of Armagh in Ireland and in point of Precedence at the Council of Clermont anno 1096. a Prerogative was given him for ever to sit at all general Councils at the Popes right foot Pope Urban at that time declaring in these terms Includamus hunâ—… in Orbe nostro tanquam alterius Orbis Pontificem Maximum Let us include him in our world as Pope of another world 'T is true ther have been other Legats de latere upon extraordinary occasions admitted but it was with the Kings leave and with this Proviso That he hath no Authority to hold Plea in the Realm prejudicial to the Laws thereof or derogatory to the King Thus it appears that no Extern power hath any thing to do in Great Britain and as the Pope so the Peeple neither whether consider'd Diffusively Collectively Representatively or Vertually partake any thing of the Souverain Power ther is no power either Co-ordinat Co-equal Corrival or Collateral with it The Kings of England have had always by the known Laws of the Land a pure underived Power not depending upon Pope or Peeple or any other Prince whatsoever They are Kings by the Grace of God which implies no earthly Dependency It stands upon good record how King Ina in the Preamble to his Laws for he was a great Legislator begins I Ina by the Grace of God King c. and this was above a thousand years ago about two hundred years before Charlemain in whose time that stile of Dei Gratia came first in use in the Empire And as on Land the King of Great Britain hath such a Latitude and Independence of Supreme Power so by Sea he hath the like which is such that without disparagement much less any injustice to any I may avouch no other Prince hath the like The greatest claim of Sea-Dominion that France makes is to the Coasts of Armorica or little Britany and a few Leagues in the Mediterranean The Spanish Laws are for the
Christ. Catholicae Ecclesiae Episcopus ss Then his Seal or Signet engraven within Sanctus Petrus †Sanctus Paulus and this Motto about Ad Dominum cùm tribularer clamavi Exaudivit Me. Then the subscription of 27 Cardinals on both sides of the Signet the Cardinal Bishops on the right-hand of the Signet and close to it then on their right-hand the Priests-Cardinals and on the left side of the Signet as it is accustomed in all Bulls and other Public Instruments the Deacon-Cardinals have their place and precedence King Henry's Book against Luther was presented to the Pope in full Consistory by Sir Iohn Clerk then Ambassador at Rome for the King with a long solemn Oration the Original of which Book is yet to be seen in the Vatican at Rome with this Inscription written with King Henries own hand Anglorum Rex Henricus Leoni XÌ„ mittit Hoc Opus Fidei testem Amicitiae Henry King of the English sends this Work to Leo the Tenth as a Witness both of Faith and Friendship And as the Kings of England themselfs have such super-eminent Titles so their First-born Sons have a Title not inferior to any Royal Heir apparent in Christendome which is Prince of Wales and this Title is many years more ancient then that of Dauphin in France Moreover whereas other Kings Sons come so naked to the world that they have not of their own wherewith to buy them Clouts or pay their Nurses but what they have from their Parents The First-born of the King of England ipsissimo instante the very same instant that he is born is Duke of Cornwal and is presuppos'd by the Law to have Livâ—…ry and Seisin then given him of the said Duchy with all the Lands Rents and Honors therunto annex'd T is tru that the conferring of the Title of Prince of Wales depends meerly upon the Kings Plesure which was done out of a Political consideration to keep the Kings first Sons still in awe and within the bounds of a greater Obedience Nor is there any Queen also lives in a greater State and Dignity or hath more Prerogatives and greater Joyntures then the Queen of England For though Aliens at first and still under Couvert Baron yet they may pourchase Lands by Fee-simple They may make Leases and Grants without the King They also must be petitiond unto first before any can implead them in point of right We will proceed now to the fourth Paragraph Touching the Martial Exploits and Achievments which the Kings of Great Britain have performed from time to time c. TO proceed in this Paragraph we must make Retrosvects a far off we will begin with Brennus that bold Britain who in the Government of Consuls took and sack'd Rome 364 yeers before Christ and did notable feats afterwards in Greece and Asia insomuch that the Welch in honour of that Heroe their Country-man call a King from his Name Brenin to this day Cataracus overthrew a mighty Army of the Romanes and Boadicia slew 70 thousand of them in one Battel as their own stories declare King Arthur is rank'd among the Nine Worthies for he discomfited the Saxons in twelve several Battails and erected the first Order of Knighthood There was one English King and three Kings Sons went to the Wars of the Holy Land What Exploits did Richard coeur de Lion perform there so much to the envy of the King of France who therfore returnd before him He conquerd the Iland of Cyprus where Marrying Berengaria he transferrd the Kingdome to Guy Lusignan who had right to the Crown of Ierusalem which in exchange he resignd to King Richard But the French are they whom the English did so often rout subdue and subjugat with the Grey-goose Wing wherwith they did so often penetrat the very heart of France in so many glorious Victories that can be hardly paralleld take all circumstances We will instance in some of the most famous and begin with that of Cressy the first great Battel The Battail of Crâ—…ssy in France That Heroyk King Edward the third having been provoked by divers Affronts that Philip of Valois the French King had offeâ—…'d him goes over in person to France with an Army of 80000 men at Arms and 10000 Archers as Froissard hath it He takes with him his Son the Prince of Wales and Duke of Guyenne being but 15 years of Age calld afterwards the Black Prince to train him up in feats of Arms. Landing in Normandy he carries all the Country before him as far as Poissy within ten miles of Paris and after divers Skirmiges a Battail was appointed King Edward had incamp'd neer a Village calld Cressy where he divided his Army to three Battalions the first was led by the Prince of Wales the second by the Earls of Arundel and Northampton in the third was the King himself The Battail thus orderd being mounted upon a White Hobby he rides from Rank to Rank encouraging evry man to the performance of his duty and to have a regard to the Honor of his King and Country The French Kings Army was at least twice the number consisting of above 60000 Combatants with all the flower of the French Chivalry whereof the chief were the Duke of Alanson the Kings Brother the King of Bohemia the Duke of Lorrain the Earl of Flanders and Savoy with other great Princes The Vangard was led by the Kings Brother the Reer by the Earl of Savoy the main Battail by the King himself The French King was so fierce in assurance of Victory that he wold scarce admit of any counsel The old King of Boheme advis'd that the Army shold receive some refreshment before and that the Infantry of Genowais whereof ther were 15000 Crossbows shold make the first Front and the Cavalry to follow which being agreed on the Duke of Alanson did stomack that the Genowais shold have the honor of the first Rank so in a kind of fury he caus'd them to change place which bred such a discontent that they were more incensd against their Leader then against the Enemy but in the interim ther fell such a showre of Rain that wetted their Bowstrings which they had not the wit to cover all the while as the English did that for the limmerness therof when they came to action they grew useless At the ceasing of the showre the Sun did shine full in the face of the French therby dazzling their eyes but on the back of the English King Edward being got into a Windmil all the while whence as from a Sentinel he might explore and behold the face of the Enemy and discovering the disturbance that was made because the Genowais were put to change their place instantly gave order to charge that part which made the discontented Genoway to recoyl Alenson perceiving this rides on in a rage crying out Sa sa on on let 's make way ore the Bellies of these Genowais for they do but hinder us So riding through them he came
up to the English Battail where the young Prince was The fight grew hot and doubtful insomuch that the Commanders sent to the King to come up with more power The King asking the Messengers Whether his Son was hurt or slain and being answerd No he replies Then tell them who sent you that so long as my Son is alive they send no more to me for my Will is that he have the honor of the day So the Fight on both sides growing very furious the French King having his Horse kill'd under him withdrew which being known by the English it added so to their courage that they soon after won the Field This was the first considerable Battail the English had of the French which was so sanguinary that ther were none made Prisoners but all put to the Sword and the number of the slain French surmounted the whole Army of the English for the number of the slain were about 30000. the chief whereof was Alenson the Kings Brother the Dukes of Bourbon and Lorain the Earl of Flanders the Dauphin de Viennois Son to Imbert who after gave Dauphine to the King of France provided his First Son shold still be calld the Dauphin which hath continued ever since This signal Victory was seconded the same yeer about six weeks after with another the Queen of England got against the Scots then confederat with the French where David the Scots King was taken Prisoner but this is reserv'd for another place because for a more methodical order we will hasten to the second great Victory in France the Battail of Poitiers The Battail of Poitiers The Black Prince being taperd up now to a good growth was sent by advice of Parlement to Gascony whence the Truce being expird he oreran and ravagd all the Country as far as Tourayne Iohn the French King raiseth a potent Army more numerous then that at Cressy and going to find out the Prince of Wales found him about Poitiers having not much above 10000 effect if men in his Army wheras the French had six times as many whereupon being advisd to make for Bourdeaux he was prevented by the French Army on all sides so a Battail being intended two Cardinals came from the Pope to mediat a Peace but the French King wold hearken to none unless that he wold as a Vanquish'd Man send him four Hostages and give up himself and his Army to discretion The Prince answerd That he was willing to restore what places he had taken of His in good War but without prejudice to his Honor wherof he was accountable to the King his Father c. Iohn not hearkning to this but being resolvd to fight the Prince also resolvd to part with his Life upon as high a rate as he could being reducd to this streight therfore he providently makes use of the Position of ground and finding that the main Army of the French consisted in Horse he entrenchd among the Vineyards where when the French Cavalry entred being wrapd and encomberd among the Vines the English Archers did so ply and gall them that being therby disorderd and put to rout the whole Army was soon totally defeated But it seems this Battail was not so fierce as that of Cressy where no quarter was given for in this Prisoners were made among whom was King Iohn himself whom the Prince brought to England and as the French Historians themselfs confess he was so civil to him all the while that he knew not whether he was a Free King or a Captif Besides Lords ther were slain 2000 of the French Nobless as Froissard hath it in this Battail and as at Cressy more French slain then the whole English Army was in number We will now to Agencourt Agencourt Battail Henry the Fifth that Man of men and mirror of Princes being come to the Crown he did cast his Eyes presently towards France for claiming of his Title In order wherunto he alterd in his Arms the bearing of Semy de Luces and quarters the three full Flower de Luces as the King of France himself did bear them He sends the Duke of Exceter with the Archbishop of Dublin and sundry other Noblemen in a magnificent Ambassy attended by 500 Horse to Paris to demand the Crown but receiving no satisfactory answer but rather a kind of jeer the Dauphin sending him a Sack full of Racket-court-Balls to pass away his time He replyed That for evry one of those Balls he had so many fiery Bullets to shoot at the proudest Turrets in France as he shold shortly find And he was as good as his word for he presently got over and encountring the French Army at Agencourt he gave it an utter overthrow and took more prisoners then his own Army had Soldiers which was upon a Sunday-morning about Ten of the Clock whereof having sent notice to England before and that extraordinary Masses shold be sung then in all Churches he stood upon the defensive part till that hour but then making a Speech of encouragement to his Army and among other strains telling how all England was praying for them at that time he carried away a compleat Victory he himself leading the main Battail with the Duke of Glocester his Brother c. But besides the foresaid Piety ther was Policy also usd for the King to prevent the fury of the French Cavalry appointed divers Stakes studded with Iron at both ends of six foot long to be pitch'd behind the Archers and ordred that Pioners shold attend to remove them as they shold be directed which invention conduc'd much to the success of the Action The King himself charg'd the Duke of Alenson and beat him off his Horse who therupon was slain so ther was a compleat and glorious Victory obtain'd We come now to the Battail of Spurs so calld because the French-men trusted more to their Spurs in fleeing away then to their Swords and Lances It was before Terwin in Hen. 8. Raign when Maximilian the Emperour servd under his Banner and receavd pay Ther came 8000 French Horse to relieve the place and a hot Dispute happend but they were all routed and put shamefully to flight so the Town was taken by the English Ther were a world of other Warlike Encounters and Skirmiges twixt the English and French whereof the stories are full and t is observd that the English at most were but half in number to the French in all Engagements insomuch that by pure prowess and point of the Sword they possessd two parts in three of that great Kingdome We read that when the English were at the height of their power in France the Pope came then to keep his Court at Avignon and ther was a common saying among the Peeple which since is grown to be a kind of Proverb Ores le Pape est devenu Francois Iesus Christ est devenu Anglois The Pope is turnd French-man and Jesus Christ is become an English-man which was spoken in regard we had such prodigious
Successes Before I part with France at present t is very fit the main subject of this Work being of Precedence to speak something of the Black Prince while he was Governor of Aquitane where he performd such notable Exploits and among other of that fa mous Charter of Precedence which was given to the Crown of England by Don Pedro King of Castile who being detruded out of the Throne by Henry his younger Brother fled for succour to the Black Prince in Gascognie who had at that time two other Kings in his Court viz. Ricaredo King of Navarre and Don Iayme King of Mallorca Which Charter being yet upon Authentique Record and not specified in the story of either Nations may very well deserve to be inserted here and it runs thus Petrus Dei gratia Rex Castellae Legionis omnibus praesentibus pariter futuris praesentes literas inspecturis lecturis aut audituris salutem fidem plenariam iisdem adhibere Cum in largitione donatione concessione privilegiorum libertatum franquesiarum ac honorum Praerogativa illis nos liberales gratiosiores reddere debeamus à quibus multiplicia beneficia honores nos recognoscimus recepisse Cumque Illustrissimus Rex Angliae Edoardus ejus primogenitus Princeps Aquitantae Walliae consanguinei nostri nos praedecessores nostros Reges Castellae retroactis temporibus fuerint favorabiliter prosecuti specialiter cùm nuper per Henricum quondam Comitem de Trestamare qui factâ cum quibusdam suis Complicibus coadunatione Regna nostra invasit usurpavit etiam occupavit more praedonico hostili ea indebitè detinet occupata de Regno in regnum de Dominio in Dominium loco ad locum ad mortem nos esset insecutus à qua persecutione per receptationem dicti Dom. Principiâ—… in Terra sua de nobis factam fuerimus liberati per ipsum gentes suas comfortati ac honorabiliter recepti tractati Nos memores dicti accepti beneficii in aliqualem praemissorum Recompensationem alias de nostra certa scientia speciali dono regia donatione potestate damus concedimus pro nobis haeredibus successoribus nostris Regibus Castellae per praesentes dicto Illustrissimo Regi Angliae Edoardo ejus Primogenito Principi Aquitaniae Walliae Quòd quandocunque idem Rex ejus Primogenitus qui nunc sunt aut eorum Haeredes successores Reges Angliae eorum Primogeniti qui pro tempore fuerint voluerint venire in propria persona ad Guerram quam nos habebimus aut Haeredes nostri Reges Castellae habebunt contra Regem Granatae aut alios Fidei inimicos quod iidem Reges eorum Primogeniti habeant primum bellum sive la Delantera ante omnes Mundi Christianos omni tempore Ita tamen quod Nos possimus Haeredes nostri Reges Castellae si voluerimus ponere vexilla nostra in dicto bello pariter cum vexillis Regis Angliae vel Ipsius Primogeniti Item quod si contigerit dictos Reges aut eorum Primogenitos ad Guerram quam Nos Haeredes nostri habebimus contra Regem Granatae aut Alios Fidei inimicos non venire aut nolle vel non posse venire volumus concedimus quòd unum vexillum de Armis Regis Angliae sit omni tempore in dicta guerra in primo bello sive in la Delantera honorificè prout decet nostris successorum nostrorum Castellae regum propriis sumptibus expensis Item quia Patria ejusdem nostri Consanguinei plurima damna expensa innumerabilia sustinuit tempore quo ipse pro nostro succursu exercitus suos congregabat prout oculis propriis conspeximus licet flebiliter gereremus in recompensationem praemissorum privilegiamus volumus concedimus quòd omnes homines incolae nobiles peregrini cujuscunque status sexus aut conditionis existant Regni Patriae dominii Angliae principatus Aquitaniae sint immunes ab omni pedagio leuda costuma maletota ceu aliis quibuscunque Impositionibus Exactionibus in Regnis nostris impositis seu in posterùm imponendis Ita quòd dicti homines dictorum Regni Patriae Dominii Angliae Principatus Aquitantae transeundo morando redeundo per Regna nostra per mare velper terram Costumam Pedagium Leudam Maletotam seu quamcunque aliam Impositionem vel Exactionem minimè solvere teneantur nisi dicti homines causâ Mercimonii vel pro emercimiando aliquid emerent Super quo an causa Mercimoniandi empta existant nec ne per officiarios nostros receptorum dictorum pedagiorum stare volumus dictorum hominum juramenta de quibus rebus causa Mercimoniandi emptis non compellantur solvere nec aliquid ultra ab iis exigatur quà m caeteri Mercatores solvere consueverunt Et juramus ad Sancta Dei Evangelia à nobis corporaliter manu tacta in verbo promittimus Regio concessiones donationes privilegia praedicta omnia singula in praesentibus Litteris contenta tenere complere inviolabiliter observare In quorum singulorum Praemissorum testimonium ad ipsorum Majorem firmitatem his praesentibus Nos manu propria Subscripsimus iisdem sigillum nostrum in pendenti duximus apponendum Volentes concedentes ac etiam requirentes vos Magistrum Iohannem de London publicum Autoritate Apostolicâ Notarium quatenus ad perpetuam omnium singulorum praemissorum memoriam vos cum praesentibus testibus subscribatis praesentesque Literas signo vestro solito consignetis Datum apud Liborniam Diocesi Burdegalensis die 23 Mensis 7 bris Anno Dom. 1366. Praesentibus praecharissimo Consanguineo nostro Domino Iohanne Duce Lancastriae Regis Angliae filio ac fratre dicti principis Reverendis in Christo Patribus Dom. Helia Archiepiscopo Burdegalensi Dom. Barnardo Episcopo Xancton Iohanne Electo Bathoniensi Wellensi Cancellario Aquitaniae Iohanne Shandos Constabulario Thoma de Felton senescallo Aquitaniae Nigello de Loereyn Camerario dicti Principis Balboyno de Frevilla senescallo Xancton aliis testibus ad praemissa Yo el Rey. I the King Et Ego Iohannes de London Cler. Winton Diocesis publicus Authoritate Apostolica Notarius undecima die mensis Februarii anno Domsupradicto Indictione quinta Pontisicatus sanctissimi in Christro Patris Domini nostri Dom. Urbani divina providentia Papae quinti anno quinto infra castrum Civitatis Baionae in capella ejusdem castri unà cum testibus infrascriptis fui praesens quando dictus Dom. Rex Petrus promissa omnia singula innovavit confirmavit juramento suo vallavit tangendo propriis manibus suis sancta Dei Evangelia quando ipse Rex manu sua propria se subscripsit me requisivit mandavit ut praesentibus Literis me subscriberem signum
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
prolifical when they are past fifty years And for the Men it wold be Registred for a Miracle in Spain or France to finde ten men of a thousand years one with another as were found in Hereford about 60 years since within two miles compass of the town who were so vigorous strong and spriteful that they danced the Morice-dance in the Market-place for many hours with a Maid-Mariam of a hundred and three and a Tabourer of a hundred and five years old From the Fertility and Generousness of the Earth may proceed also the extraordinary Courage and Hardiness of the Peeple which hath been so well known and felt in other Countries beyond the Seas as the Examples in the former Paragraph do prove at so many signal and difficult famous Battails where the English Army was never half so numerous in any they got no not somtimes the third or fourth part in number to the Enemy and such an esteem they had in France that as their own stories relate when the Duke of Britany or Armorica was to encounter the French Army in a Battail he thought it a Policy to clothe a whole Brigade of his Soldiers after the English mode to make them appeer the more formidable to the French Nor doth that Primitive innate Courage languish a whit or decline in them as some think the World doth as we find it hath done in other Nations as the Iew and Greek with others but it continueth still at the same height as it appeerd in the year Eighty eight by Sea as was said before and in several Exploits in the Low-Country Wars as Newport the Retreat before Gaunt c. by Land Likewise by fresher Examples in the late Civil Wars twixt King and Parlement and since wherin the Power Strength and Wealth of England was never more discovered For the late usurper having such a Command over the Peeples purse and never wanting money made Spain and France strive who shold be his Confederat as also the Hollander the Swed and others I say in those times the ancient stoutness of the English appeerd in many Traverses of War as at Dunbar in Scotland and by Sea against the Hollander who were beaten and batterd into a Peace What a hazardous peece of service was performed when we invaded Barbary at Tunis but especially that desperat Exploit Blague did at the Canaries The French King confest that the Brigade of English before Dunkirk commanded by a little bold Britain though not the fifth part of the Army did contribut most to the late taking of that strong Praedatory Town And the King of Portugal acknowledgd that in this years great Defeat 1663. he gave Don Iohn of Austria neer Ebora that Brigade of English who servd there though not much considerable in number did perform the toughest part of the service and first shewd them the way of using the Rests of the Musquet to knock down the Enemy which made the French-men cry out Faisons comme les Anglois Let 's do as the English The Sixth Paragraph Touching the Ancient and Long-lind Extraction Decendency and Bloud-Royal of the Kings of Great Britain c. THe Races of Kings may be said to be like great Rivers that stream out into divers large Channels and Arms which become great Rivers of themselfs afterward Or like huge Trees which use to stretch their Branches beyond the Ocean where being inoculated and graffd they make divers other Royal Trees to sprout out of them in Forren Soyls Ther were divers Royal Ingraftings of this kind that Great Britain had with the chiefest Potentats and some of them Imperial The first was before the English took footing here between the Emperour Constantius and Helene a Britain born and Mother to Constantine the Great the first Christian Emperour for this Iland was held in such high esteem by the Roman Emperours when they had almost all the world besides that divers of them kept their Courts here among whom Severus and Constantius died at York which City may deservedly vaunt of two things viz. that two Roman Emperours were buried and a third born in her viz. Constantin the Great After the Saxons came this Iland also continued in such a repute that Ethelwolph Son to King Egbert Anno 830. married the Lady Iudith calld the Fair for her extraordinary Bewty and Daughter to the Emperour Charles le Chauue Granchilde to Charlemain The Emperour Otho the Great married the Sister of King Athelstan whose friendship was so much sought by all his Neighbouring Kings that they wooed for it by rich Presents which made the King of France send him the sword of Constantin the Great in the Hilt wherof ther was one of the Nails that fastned Christ to the Cross He sent him also the Spear of Charlemain The King of Norway sent him a curious Ship with a Gilt Stem Purple Sayls and the Deck garnishd all with Gold The Emperour Otho his Brother-in-law sent him a Vessel of precious stones artificially made wherein were Landskips with Vines Corn and Reapers so much to the Life that they seemd to move and act c. Ther have been eight Nuptial Conjunctions twixt Great Britain and France besides the Scots alliance with that Country The first was about the yeer 900. twixt Charles the first of France and the Lady Ogine Daughter to Edward Son to King Alfred that admired Saxon King who is so famous in story for divers signal things for He cleerd the whole Kingdome of the Danes who had so much infested and harassd it He Founded the University of Oxford Anno 895. He was the first who divided England into Shires Hundreds and Weapontakes He divided the Natural Day also into three parts eight hours for Recreation and matters concerning his Health as sleep c. eight hours for Meditation and exercise of Piety and eight hours in Council and the publick Affairs of his Kingdome He Founded also Shaftsbury-Abby Winchester-Church and Eldinsey-Monastery The second Marriage with France was twixt Hen. 3. of England and the Lady Margaret Daughter to Lewis the seventh of France The third was between Edward the first that great Hero of his time and the Lady Margaret Daughter to Philip the Hardy of France The fourth twixt Edward the second and the Lady Isabel eldest Daughter to Philip le Bell King of France Mother to Edward the third of England who by right of her claimd and carried afterwards the Crown of France The fifth was twixt King Richard the second and the Lady Elizabeth Daughter to Charles the sixth of France but she was but his second Wife for his first was the Lady Anne Daughter to the Emperour Charles the Fourth The sixth was between Henry the fifth of England and the Lady Katharine another Daughter to Charles the sixth of France The seventh was twixt Lewis the twelfth of France and the Lady Mary second Daughter to King Henry the seventh of England The eighth and last Inoculation twixt the Rose and the Flower
de Luce was that of Charles the first of England with the Lady Henrietta Maria of Bourbon youngest Daughter to Henry the great of France In which Matches England hath had six Daughters of France and France two of England By the fourth Match twixt Ed. 2. and Isabel eldest Daughter to Philip le Bell Edward the third of England being her eldest son was Heir to the Crown of France and demanding his Right therunto he was answered La Couronne de France n'est pas lièe à la quenouille That the Crown of France was not tied to a Distaff wherunto he replyed That he would then tie it to his Sword and he was as good as his word But Henry the fifth some fourscore years after tied it faster for he reducd Charles the sixth to such terms that after his death he shold immediately possess the Crown and Kingdome of France and that in the interim the Dauphin his son afterwards Charles the seventh shold be disinherited That in the interim King Henry shold be Regent of France in regard the present King was sometimes crazd in his Intellectuals That he shold take to Wife the Lady Isabel Daughter to the said Charles All which Capitulations not onely the King but the chiefest Peers and Nobility of France did consent unto and ratifie by solemn Oath obliging themselfs further to uphold and assist Henry of England with his lawful Heirs and Successors against Charles the Dauphin whom his Father had legally disinherited Hereupon Henry the fifth dying in France a Death much too soon and immature for so brave a man his son Hen. 6. was proclaimd King of England and France in Paris In which publick Proclamation t is very observable how England had the precedence and therupon the chiefest of the Officers of the Crown and Nobles swore Fealty and Alleageance unto him divers of which Nobles grew afterwards Apostats and joynd with the Dauphin Against Edward the thirds Right the Salique Law was alledgd which they wold force and pin upon a Text of Scripture Lilia neque nent c. The Lilies neither spin c. But though King Edward had cut the Labels of that Law with a victorious sword yet it was not quite cancelld Nor indeed could it be possibly done for it was but a kind of Chymera a meer imaginary Law and one of the Authentiqust French Historians Du Haillan hath no better opinion of it They who are the greatest Champions of that Law acknowledg that it was at first a particular Topical Law made at Salem a place upon the Rhine but they have stretchd it since to all France As if the Law of Gavelkind which is peculiar to Kent and other distinct places shold be made to extend it self and be in force all England over But some ther are that will not allow any Essence at all to the Salique Law no not to be a Local restraining Law to the foresaid place neer the Rhine Therfore the same answer may be fit to be given un to the Assertors of It as was given by the Venetians to the Pope when ther happening a clash between them touching the Sea about Ancona which they alledgd belongd to the Venetian Gulf wherof they had the Dominion And the Pope demanding what warrant they had for it t was answered by a kinde of Sarcasine If your Holines please to produce the Instrument wherby the Emperour Constantine the Great passd over the City of Rome to your predecessors upon the back of that Grant your Holines will find Saint Marks Charter to the Souverainty of the Adriatique Gulph whence an Intimation was made that neither of the Charters had ever any being which may be justly applied to the Salique Law And besides that du Haillan though a French-man in the first Volume of his History confutes that Law It is confirmd also that ther never was any such Law in France by the testimony of the Duke of Burgundy who when Philippe le long was created King he openly cryed out against his Creation alledging that the Kingdom of France belonged then to Iane daughter unto Hutin King of France formerly but to stop his mouth Philip was forcd to make a Gift unto him of the Dukedom of Burgundy in dower with his eldest daughter But touching the Title of Henry the Fifth which was confirmed by Solemne Agreement and Sacramental Oaths the French found out another Evasion For it was avouchd That the Kingdom of France goeth not by Descent or Inheritance but by Succession which is grounded not upon a Law but upon Custom by vertu wherof the next of the Bloud Royal be He of the furthest degree that may be to the kindred succeedeth not as lawful Heir but as a Successor by Custom not newly invented but of long continuance even from the time of Pharamond But this new-devised Objection is refuted also by the foresaid Du Haillan one of the prime French Historiographers and a French-man born who reckons up a long Catalog of French Kings which did not succeed one another but were chosen one after another Another Objection was also suggested that Charles the sixth who made the foresaid Contract with Henry of England was no better then a Lunatique though he had somtimes Lucida Intervalla Wherunto it is answerd that at the time when that Agreement passd He had a lucid interval and was in his right wits and memory Besides the chiefest Nobility of the Realm were parties in ir and did not only consent but obligd themselfs by Oath to the performance of it Ther was a third Objection which kept a higher noise viz. That the King of France cannot alienate the Demeanes Rights Titles and Interests of the Crown without the consent and suffrage of the Assembly of Three Estates which was not had then because a great part of the Peers Nobles and others were then absent Whereunto t is answerd That in claims which go by plurality of voices it is not always necessary that all shold be present if the greater and better part of them be there specially if after Citation the rest absent themselfs For although the point that concerneth All shold be approvd by All yet as Civilians hold when some or all may approve or disallow the things which concern Them and They will not be present to shew their consent or dislike their Absence shall not prejudice the stipulation of the Contract And in this great business twixt two Kings those who were away were Traytors to Charles the sixth for they were in arms against him by taking part with the Dauphin who was in Rebellion against his Father at that time Therfore their absence could not in any respect prejudice the validity of so solemn a Contract wherupon depended Peace or War The fourth Objection carried more of pusillanimity with it then strength of proof viz. That when the foresaid Contract was made the English had almost over-run all France and that the King was coopd up in a corner of the country Therfore
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
number is indefinite Fee evry one 50 l. Three Gentlemen-Ushers of the Privie Chamber 30 l. Ten Grooms of the Privie Chamber Fee apiece 20 l. Four Carvers Fee evry one 50 Marks Three Cup-bearers Fee evry one 50 Marks Four Sewers Fee evry one 50 Marks Four Escuyers of the Body Fee evry one 50 Marks Four Yeomen-Ushers Fee evry one 9 l. 2 s. 6 d. Twelve Ordinary Grooms Fee evry one 2 l. 13 s. 4 d. Four Pages Fee evry one 2 l. Clerk of the Closet Fee evry one 4 l. Four Messengers Fee evry one 5 l. The Band of fifty Gentlemen-Pensioners Fee for evry one 50 l. Standard-bearer to the Pensioners Fee 100 Marks The Guard Captain of the Guard fee besides a Livery-Gown 14 l. Two hundred ordinary Yeomen of the Guard Fee 16l 13s 4d Fifty extraordinary 8 d. per diem 1 l. 13 s. 4 d. Standard-bearer to the Guard Fee 100 Marks Clerk of the Check fee 100 Marks The Great Wardrobe The Master his fee 100 l. Livery 15 l. Two Clerks fee each 4 l. 6. 8 d. Rent-gatherer fee 5 l. 0 s. 8 d. Four Taylors fee evry one 9 l. 2 s. 6 d. Skinner fee 18 l. 5 s. 0 d. Three Embroderers fee evry one 18 l. 5 s. 0 d. The Butlary of England Chief Butler Fee 50 Marks The Counting House Four Clerks fee evry one 44 l. 6 s. 8 d. Clerk to the Cofferer fee 20 l. Yeoman fee 5 l. Groom fee 2 l. 13 s. 4 d. The Iewel-House Master his fee 50 l. Yeoman his fee 6 l. Groom his fee 2 l. 13 s. 4 d. The Green-cloth I should have spoken before herof in point of precedence It being a Court of Justice continually sitting in the Kings Palace The chiefest wherof are the Lord Steward the Tresurer the Controwler and Cofferer the Master of the Houshold two Clerks of the Green-cloth and two Clerks Controwlers Of these the first three are usually of the Privy-Council For unto This being as some hold the first and ancient Court of Justice in England is committed the Charge and surintendency of the Kings Court Royal for matter of government It is called the Green-cloth from the colour of the Carpet at which they sit wheron the Kings Arms are embrodered and on each side the Arms of the Counting House bearing verd a Key and a Rod or white Staff argent saultie signifying their power to reward or correct as persons for their great prudence and experience thought fit to exercise both those functions The Robes Yeoman fee 50 l. Groom fee 2 l. 13 s. 4 d. Page fee 2 l. Harbingers Knight-Harbinger fee 50 l. Four Harbingers fee evry one 10 l. Thirty Yeomen of the Crown fee evry one 6 l. 1 s. 8 d. The Beds Five Marshals fee evry one 11 l. 8 s. 1 d. ob Four Sewers fee evry one 11 l. 8 s. 1 d. ob Two Survayors fee evry one 11 l. 8 s. 1 d. ob Two Yeomen fee evry one 5 l. Clerk fee 14 l. Two Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee evry one 2 l. The Pantry Sergeants fee 11 l. 8 s. 1. ob Four Yeomen fee evry one 5 l. Four Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee evry one 2 l. Bread-bearer fee 1 l. 10 s. 4 d. The Boteller Yeoman fee 5 l. Groom fee 2 l. 13 s. 4 d. The Hall Servitors sixteen to four fee 3 l. 8 s. 4 d. To the rest 2 l. 13 s. 4 d. The Buttry Four Yeomen fee evry one 5 l. Four Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee each 2 l. The Cellar Sergeant fee 11 l. 8 s. 1 d. ob Seven Yeomen fee evry one 5 l. Groom fee 2 l. 13 s. 4 d. Two Pages fee each 2 l. The Ewry Sergeant fee 11 l. 8 s. 1 d. ob Three Yeomen fee evry one 5 l. Two Grooms fee each 2 l. 13 s. 4 d. Two Pages fee each 2 l. Three Clerks fee evry one 11 l. 8 s. 1 d. ob The Bake-house Sergeant fee 11 l. 8 s. 1 d. ob Seven Yeomen fee evry one 5 l. Two Grooms fee evry one 2 l. 13 s. 4 d. Four Conducts fee evry one per diem 4 d. The Kitchin Two Master-Cooks fee evry one 11 l. 8 s. 1 d. ob Six Yeomen fee evry one 5 l. Six Grooms fee evry one 2 l. 13 s. 4 d. Eight Children fee evry one 2 l. Galapines apparel for them of the Hall Kitchin and Privie Kitchin 50 l. Surveyor of the Dresser fee 22 l. 1 s. 3 d. To the Cooks at Easter in Larges 6 l. 13 s. 4 d. To the Scullery Larges 1 l. To the Pastry Larges 2 l. The Spicery Clerk fee 32 l. Yeoman fee 5 l. The Pitcher-House Two Yeomen fee evry one 5 l. Two Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee evry one 2 l. The Chaundlery Sargeant fee 11 l. 8 s. 1 d. ob Two Yeomen fee each 5 l. Two Grooms fee each 2 l. 13 s. 4 d. Two Pages fee evry one 2 l. The Larder Sergeant fee 11 l. 8 s. 1 d. ob Yeoman fee 5 l. Two Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee evry one 2 l. The Boyling House Two Yeomen fee evry one 5 l. Three Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee 2 l. Clerk fee 6 l. 13 s. 4 d. The Neatery Yeoman-Pourvoyer of Salt Fish fee 40 l. Yeoman-Pourvoyer of Fresh Fish fee 7 l. 13 s. 4 d. Seven Yeomen-Pourvoyers of Oxen Mutton Veal Lamb c. fee evry one 7 l. 13 s. 4 d. Four Grooms fee evry one 2 l. 13 s. 4 d. Yeomen of the Store-house fee 5 l. The Poultry Sargeant fee 11 l. 8 s. 1 d. ob Clerk fee 6 l. 13 s. 4 d. Four Yeomen-Pourvoyers fee evry one 7 l. 13 s. 4 d. The Scalding House Yeoman fee 5 l. Two Grooms fee each 2 l. 13 s. 4 d. Two Pages fee each 2 l. The Pastry Two Sergeants fee each 11 l. 8 s. 1 d. ob Clerk fee 6 l. 13 s. 4 d. Two Yeomen fee each 5 l. Four Grooms fee evry one 2 l. 13 s. 4 d. Four Children or Pages fee evry one 2 d. The Scullery Three Yeomen fee evry one 5 l. Two Grooms fee each 2 l. 13 s. 4 d. Two Pages fee each 2 l. Amners Gentleman-Amner fee 11 l. 8 s. 1 d. ob Sub-Amner fee 6 l. 16 s. 10 d. ob Four Yeomen fee evry one 5 l. Two Grooms fee each 2 l. 13 s. 4 d. Chappel Gentlemen of the Chappel fee apiece 11 l. 8 s. 1 d. ob Master of the Children his fee 40 l. To the Children at high-Feast-Largesses 9 l. 13 s. 4 d. Allowance for their Breakfasts 16 l. The Laundry Two Yeomen fee each 5 l. Two Grooms fee each 2 l. 13 s. 4 d. Two Pages fee each 2 l. One Woman-Laundress fee 10 l. The Wafry Clerk fee 6 l. 13
the Office of the Tresurers Remembrancer fee for offering the Amercements 6l Clerk in the Office of the Pleas fee 3l The four Ushers of the Court of Exchequer for their fees in delivery of Processes and for Paper Wax and other necessaries by them provided and bought for the Officers of the Court amongst them 140l Four Porters Livery to evry one 4s Two Joyners for Tallies fees apiece 10l Two Deputy-Chamberlains to write the controulment of the Pell fees apiece 6l One Clerk to write the Tallies of Controulment fee 9l One Porter of the Baggs and Keeper of the Tresure-House-Keys fee 6l 6s 8d Four Messengers fee per diem 4d ob The Grooms of the Receits fee by Rewards and Allowances 2l To the Tresurers and Chamberlains Officers allowd for Parchment 6l Three Ushers of the Receits Fees for Diet Wax Paper Parchment c. 60l The Court of First-fruits and Tenths Chancellor fee 200 Marks Diet-money 100l Hire for a house for himself and for the Records 9l Tresurer fee 20l. Diet-money 10l House-rent 10l A Deputy 4l A Clerk 6l 13s 4d Attorney fee 26l 13s 4d Auditor fee 20l. Diet-money 51l 10s One Clerk 6l 3s 4d Other Allowances and Expences Clerk of the Court fee 40l Keeper of the Records fee 20l. Messenger fee 2l 10s 7d Allowance 13l 6s 8d Usher fee 2l 10s 7d Allowance 3l 6s 8d The Dutchy of Lancaster Chancellor and Allowance with 4l for Paper Ink and Parchment 142l 16s Survayor Fee and Allowance 66l 13s 4d Attorney Fee and Allowance 38l 10s 4d Clerk of the Court Fee and Allowance 27l 10s 4d Messenger Fee besides Riding costs 10l Assistants in the said Court One Attorney for the Dutchy in the Exchequer fee 100l Attorney likewise in the Chancery fee 20l. To the Usher of the Receits in the Exchequer fee 20l. Four learned men in the Law retained for Counsel for the said Dutchy fee evry one 7l 6s 8d Besides Auditors Receivers c. The Presidential Court in Wales or the Council of the Marches Lord President Diet for himself and Council per an 1040l Divers Counsellors to some 100 Marks To others 50l To others 40l Secretary his fee 13l 6s 8d Atturney fee 13l 6s 8d Sollicitor fee 10l Surveyor fee 6l 13s 4d Touching the Presidential Court in the North where ther was usd to be also a Lord President four of the Learned Counsel a Secretary and other Officers the King saves nere upon 2000l per an The like sum or therabouts is savd by the Court of Wards though the loss which the Crown of England hath receavd therby in point of honour by Tenures in Capite and Royal Pourvoyances c. be invaluable which makes our next Forren Neighbours in a kinde of jeer and the best of their wit lies in jeering to say that all the Noblemen and Gentry of England since Tenure in Capite was taken away are become little better then Roturiers then Yeomen that hold in Soccage The former Catalog of Court-Officers was delivered to King Iames at his first coming in And ther may be some alterations since Now ther is a mighty number of other Officers belonging to the Crown as Auditors Receavors Surveyors Escheators Customers Governors and Constables of Castles Keepers of Forts Points and Bulwarks Rangers of Forests Keepers of Chaces Parks and Woods c. which wold make a Volume of it self and is not so proper to the designe of this subject which aims principally at the Menial and domestick servants attending at Court though we have bin transported as we went along to other Offices Out of the premises this result may be drawn that besides the unparallelld plenty fatness and hospitality of the English Court in point of provision and munition de Bouche as the Frenchman calls it Ther is no Court in Christendom servd with more punctual attendance and state wheras if you cross ore the Chanel and take a view of the next transmarin Court one shall see common Laquays Scullions and greasie Galopins bring meat to the very rayls of the Kings Table And touching the Spanish Court t is so pitifully thin at dinner and supper-time that one wold think he were in some Monastery of Capuchins But go to either of their Kitchins one may break his neck as soon as break his Fast. While I was writing this a plesant Repartie came into my memory that happend twixt that worthy and warlike British Knight Sir Roger Williams who being General of an English Army in France Henry the Great confessd to be a better Soldier then himself Sir Roger being at an Ordinary in Antwerp where among others ther was a Spanish Alferez who began to speak much of the dainty Fruits and Salades of his Country Sir Roger let him go on a good while and at last answered bluntly 'T is tru Sir we have not such Lemons Orenges and Pomegranats which you have in Spain but we have in England good Chines of Beef and Sirloyns of Veal c. We have the meat and you have but sauce for our meat I will close up this Paragraph with this humble Advertisement That it highly concerns the common interest of the English Nation to introduce again and revive the most ancient and legal usage of his Majesties just rights of Preemption and Pourvoyance or compositions for them Otherwise it is impossible for him to keep a Court any thing sutable to a King of Great Britain The Eighth Paragraph Touching the diversity of Nations and diffring Original Mother-Tongs with other Dialects that are under the Dominions of the King of Great Britain As also Of the variety of Royal Recreations number of Palaces Forests Chaces and Parks which belong to the Crown c. THe greatest Antiquaries and Linguists that treat of Tongs and of their Originals do affirm that ther are eleven Maternal Tongs throughout all Europe which are 1. the Greek 2. the Latin 3. the High-Dutch Teutonick or German 4. the Slavonian which hath two Characters both a Greek and Dalmatian character which come neer the shape of the Latin Then ther is 5. the British or Welsh Toung 6. Irish 7. The Bascuence or Cantabrian which is the reliques of the old Spanish or Iberian toung 8. the Albanian of a peeple who inhabit about the mountains of Epirus 9. the Hungarian which came into Europe out of Asia with the Huns 10. Is that of Finland neer to which is that of Lapland in the North of Sweden 11. Is that of the Cosacks and Tartars Of all these the Slavonian is of largest extent for it is observed that three and twenty several Nations speak it Now The French King hath not one Mother and pure indeâ—… Toung spoken in all his Dominions they are but dialects Languages or Speeches derivd from other Toungs The purest French which is spoken at Court and upon the river of Loire is but a dialect of the Roman or Latin Toung so is the Walloon the Provensal the Gascoon the Limosin and others That of Bearn is but
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
The Ninth Paragraph Touching the Prudential Laws and Constitutions of Great Britain relating to Prince and Peeple As also The Eminence and Variety of Honours which the King can confer c. VVHat the Arteries Nerfs and Cartilages are to the Body Natural the same are Laws to the Political they are the Ligaments of a Kingdom which connect and tie all sorts of peeple though of so many different humors in one Goverment and under one Souverain head The Common Law of England though in some things it differs from the Civil by which most parts of Europe are governd yet it hath the rationability and justness the general notions and aym of the Civil Law which is to preserve evry one in the possession of his own and the Souverain Prince in honour power and Safety The main quarrel against it is that it wants Method and that it is not reducible to any or capable to be digested into such a Pandect as the Civil Law is Wherunto it may be answered That the Common Law of England hath for its grounds 1. Custome 2. Iudicial Records And 3. Acts of Parlement or Statuts The two later being declarations of the Common or Customary Law of the Land are methodizd and digested to order as the book of Statuts c. whence the Sheriffs the Justices of peace and Constables with other Officers may learn their duties and how to execut their places and any subject els may know how to keep himself within the bounds of his obedience But the Common Law of the Land consisting of Cases Precedents and Judgments as also of Immemorial and Uninterrupted Municipal Customs which being no Written Things Therfore it is no wonder that the professors therof have not bin so curious to attempt hitherto the Methodizing of that Art which consists most of Custom and Usage yet fair Essays are made daily for better retaining the same in memory by putting particular Cases under general Rules wherof ther are divers Volums frequently publishd of late yeers Now the Laws of England look two ways either upon the Souverain Prince or upon the peeple Touching the later ther is no Law upon earth so careful and tender of a mans life or livelihood be he the meanest subject under the Crown as the Common Law of England is For wheras in other Countries a single Judge and Witness may take away ones life or estate wherof the one may be subornd the other corrupted t is not so in England but besides Witnesses and Judges ther be two sorts of Iuries one the Grand Inquest which consists of twenty four Gentlemen or able Freeholders to consider by a previous consultation of all Bills of Inditement to be preferd to the Judicial Court which upon strict examination they either approve and transfer to the Court by writing upon the Bill Billa vera or they disallow it by writing Ignoramus Such causes as they approve if they concern Life and Death are further referrd to another Iury to consider of because the case is of such importance but others of lighter moment are upon their allowance fined by the Bench without more ado Except the party traverse the Inditement or chalenge it for insufficiencie or remove the Cause to a higher Court by a Certiorari in which two former cases it is referrd to another Jury and in the later transmitted to a higher and presently upon the allowance of this Bill by the Grand Inquest the party is said to be Indited but such as they disallow are deliverd to the Bench by whom they are forthwith cancelld or torn The Indited party being to stand afterwards at the Bar and desiring to be tryed by God and his Country ther is a Petty Jury empannelld of Twelve who bear the publick repute of honest men and the Law of England is so indulgent of life that the prisoner may challenge or except against any to such a number and withal a Butcher who is inurd to bloud and slaughter is incapable by the Law to be a Jury-man for life So the said Jury after a strict and painful examination of the Fact with all the least circumstances therof deliver their Verdict according to their consciences wherby the Judg doth acquit or condemn the party according to the quality of the offence nor can any pecuniary Mulct satisfie for the life of any as it is in other Countries And as the Common Law of England is thus so tender of humane life so it is as cautious indulgent and careful of the livelihood and propriety of the meanest subject in the Land which in case of controversie is done also by Jury and put home to the Consciences of twelve indifferent good men and not left only to the breast and opinion of any one Judge be he never so learned and incorrupt The English Law likewise favors Widows and Orphans and the poor have Counsel appointed them gratis c. It appeers out of the premisses what a great regard the Common Law of England the Lex Terrae hath to the lifes and properties of the peeple in point of Justice Now in point of Reverence and Loyalty to the Souverain Prince which is more pertinent to this disourse ther is no Law hath higher regards likewise that way nor also to his honour and dignity to his welfare and safety to his Royal Prerogatives and glory which Prerogatives intrinsecally stick and are inherent in the Crown yet are they and the Liberties of the Subject determined and bound by the Law The Laws of England make the King their Protector and reason good for they are his own Productions t is he that puts life into them They bear such reverence to his person that in his Presence none can be seizd or violently layd hands on or arrested his very presence being a Protection for the time He who giveth but a blow to any in his Court the Law adjudgeth him to loose his Right hand The Law sayth that the King hath his Title to the Imperial Crown of Great Britain and to his Kingly Office and power not as a fiduciary thing conveyed from the peeple but by inherent birthright and inalienable heritage immediatly from God from Nature and from the fundamental Constitutions of the Land He hath not only Ius paternum a paternal power over his subjects but Ius despoticum herile he hath dominion over them which Dominion is devolvd upon him gratiâ Dei by Divine dispensation and favour Ther is no Alleageance or Fealty due to any other power but to the King The Law is so careful of the sacred person of the King that it reacheth unto the very thoughts and restrains them from machination of any evil against him For the Law says it is Treson to Imagine mischief against the King much more to attempt act and execute it The Common Law of England makes the King the Supreme and independent Governour And all other persons derive their power and authority from him either by his Royal Writ Patent or Commission
The Law presupposeth that he sits not only at the Kings Bench but in other Courts of Judicature for the Writs go Teste meipso And because the Law sayth that the King must govern in Mercie and Justice the sole power of Pardoning is in Him Moreover the power of Coinage is only in the King with the enhancing or decrying the price of money He is the sole Gran Master of the Mint wheras in France others partake with the King in this high Prerogative Nor doth any Kings Face shine in purer Metal for it shines onely in pure Gold and Silver and that of the finest Standard Mixture and Allay of any in Europe wheras I have seen and felt the face of the French King in Copper and Brass with other mixt mongrel stuff As also of the King of Spain's though he terms himself the Monark of Gold and Silver Mines yet the common currant Coyn twixt Merchant and Mechanick is Copper wherin the Hollander by his cunning hath done him a world of mischief from time to time by counterfaiting that Copper Coyn and â—…oysting it in by divers artifices as in a ship laden with Lead and Tin ther wold be somtimes divers Sows of Lead hollowed and crammd with quartils as also in hollowed Masts with other inventions Insomuch that one time when all the Vellon or Copper Coin was calld in and a scrutiny made how much had bin coynd ther were many millions more found to be brought in and counterfaited then had bin stampd in the Kings Mint By the Common Law of the Land the King of Great Britain hath three Royal Ensignes which cannot belong to any other He hath the Crown the Scepter and the Polemical Sword as I have mentiond in another Treatise and is proper to touch here By the first He reigns by the second he makes Laws by the third viz. the Sword He protects them Concerning the Crown or Royal Diadem the Laws of England assert that it descends upon his head by a right Hereditary line though through dâ—…vers ancient Royal Races wherof some were Conquerors The Crown is His as much as any mans Cap 's his own And ther is no Crown stuck with fairer Flowers I mean Royal Prerogatives wherof divers were spoken of before Concerning the Scepter it may be calld an Individual Copartner or a Royal Appendix to the Crown It doth capacitate the King to Enact Laws for before his Assent all the Results and Determinations of Parlement are but Bills they may be said to be but abortive things and meer Embryos nay they have no life at all in them till the King by his breath infuseth vigour and animation into them and the ancient Custom was for the King to touch them with the Scepter then they are Laws and have a virtue in them to impose an universal obligation upon all sorts of peeple Now it is an undeniable Principle of the Law of England That nothing can be generally binding without the Kings Royal Assent nor doth the Law take notice of any thing without it This makes Them to be calld afterwards the Kings Laws and the Judges are said to deliver the Kings Iudgments nay he himself is always Lord Chief Justice of England which Title is not assumable by any Subject Now before an English Law is made ther is mature and mighty long deliberation goes before for first the business is agitated and canvasd many days in the House of Commons which represents all the peeple of England till it comes to the ripeness of a Bill The Bill being drawn is read thrice in the House and having passd the brunt of all Exception t is engrossd and transmitted to the Lords and there also t is read thrice and debated with much deliberation Then by concurrence of both Houses t is presented to the King who consults with his Learned Counsel whether ther be any thing therin derogatory to his Prerogatives if not He gives his Royal Assent and then t is created a Law and generally binding Touching the power of the Sword it is more proper to treat of it in the next Paragraph Moreover the Lex Terrae the Common Law of England makes the King the Fountain of Honour nay without any disparagement or offence be it spoken He can confer Honor upon other Kings and Souverain Princes as he is Souverain of the Order of Saint George wherof ther have bin eight Emperors five Kings of the French four of Spain seven of Portugal two of the Scots four of Denmark three of Naples one of Poland and another of Sweden two Dukes of Urbine one of Millain one of Ferrara one of Savoy one of Calabria one of Holland one of Gueldres four Princes of Orenge seven Counts Palatin of the Rhin two Dukes of Brunswick two of Holstain one of Brandenburgh and one Duke of Wittenberg with divers other Forren Princes Now among all Orders purely Military ther is not any now remaining in the Christian world either more ancient or honorable then the Noble Order of Saint George wherof the Garter is a Symbole therfore are they calld Equites periscelidis Knights of the most Noble Order of the Garter which Order was first instituted by that Victorious King Edward the third who was offerd to be Emperour Anno 1350. which was threescore yeers wanting one before the Institution of the French Order of S. Michael by Lewis the eleventh and 229 yeers before the Order of St. Esprit by Henry the third and full fourscore yeers before the erection of the Order of the Golden Fleece by Philip Duke of Burgundy It is also 209 more ancient then the Order of the Knights of the Elephant which was devisd by the Kings of Denmark and much more then that of Amaranta excogitated by Sweden c. Now observable it is that among all these Orders l'ordre del toison d'or the Order of the Golden Fleece related to the English Wools which were transported to Flanders by our Merchants wherby all the Provinces adjoyning did so infinitly enrich themselfs And this Order of the Golden Fleece as it is one of the highest Esteem so it hath most affinity with our Order of St. George in point of Regulation as also that ther are so few of it For our Order is accounted far the Nobler because it hath constantly kept it self to the same number of Knights viz. 26. since the primitive Institution wheras the French Orders have multiplied so fast in number of Knights that one said the Order of the French Knighthoods are now become Collers for every Ass to wear about his neck And as this high Order of St. George hath the precedence of all other now worn by any King in point of Antiquity so the ground and designe of it was very Noble For when the first Idea of erecting a new Order of Knighthood entred into the head of the foresaid Heroick King Edward the third his thoughts reflected upon King Arthur who indeed was the first founder of Knighthood not only
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
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
the City wheras in London ther are four Royal Seats with two Parks annex'd to them I hope the Bastille will not offer to compare with the Tower of London nor the River of Seine with the Thames much less I believe will Paris offer to make any comparison with London in point of Traffick and Societies of Noble adventuring Merchants who trade on both sides of the earth as far as the Antipodes And divers Kings have been of their Corporations Nor will the Provost of Paris I think offer to compare with the Lord Mayor of London being the prime Man in England upon the decease of the King until another be proclaimed The City of London hath divers other advantages not only of Paris but of any other City of Europe take them all together which for a more methodical proceeding we will particularize as they are found in my Londinopolis which being so proper to this Paragraph I thought fit to insert here and being well considered it will be found that London need not vail to any City under the Sun 1. For conveniency of Situation and salubrity of Air. 2. For strictness of Government both Nocturnal and Diurnal 3. For the Magnificence of the Chief Magistrates 4. For Regulation of all Trades Domestik and Forren 5. For variety of Professions and Artisans 6. For a greater number of Corporations and Halls 7. For plenty of all provisions that Air Earth or Water can afford 8. For Springs Aqueducts and other conveyances of fresh wholsome Waters 9. For Universality of Trade and Bravery of the Adventurers 10. For solidity and richness of Native Commodities 11. For Artillery Ammunition Docks and a number of Military and stout well-arm'd Citizens 12. For an ancient and glorious large Temple 13. For an admirable mighty great Bridge 14. For a noble and straight Navigable River 15. For a cheerful and wholesome green circumjacent Soyle 16. For Hospitality and Festival publik Meetings of Corporations and other Societies to increase love and good intelligence between Neighbours 17. For all sorts of Boats by Water and number of Coaches by Land for the accommodation of Passengers 18. For sundry kinds of Reliefs for the Poor and Lame 19. For various kinds of honest corporal Recreations and Pastimes 20. For the number of Humane Souls T is confessd that many of these conveniences may be found in other Cities which taken singly may exceed London in some but take them all together she may vie with the best of them and run no great hazard Concerning the first advantage which is convenience of situation and salubrity of Air the wisdome of the old Britains our Ancestors is to be much commended for the election of the place in point of the benignity of the Hevens with the temperature and influences therof wherin London is as happy as any other City under the Skies Some hold that that City is best situated which resembleth a Camels back who hath by nature protuberancies and bunches so a City shold be seated upon small Hillocks or rising Grounds It is just the posture of London for she is built upon the sides flanks and tops of divers small Hillocks lying neer the banks of a great Navigable River being incompassd about with delightful green Medows and Fields on all sides She is at so fitting a distance from the Sea that no Forren Invasion can surprize her but she must have notice therof The quality of her soyle is Gravel and Sand which is held to be the wholsomst for habitation and conduceth much to the goodness of the Air though it useth to be barren but that barrenness is remedied by Art and Composts insomuch that round about the City within the distance of a mile or two one may behold two or three thousand milchd Cows a grazing evry day of the week besides number of other Beasts Touching the second advantage which is a strict and constant cours of Government ther 's no place goes beyond Her or indeed can equal Her take night and day together And wheras in Paris one dare not pass the Pont-Neuf with any place els after Ten a clock at night without danger one may pass through London-streets as safely as in the day time ther being Constables and their Watch up and down to secure Passengers yet they must give good account of their being abroad so late ther being strict Laws against Noctivagation Touching the Magnificence Gravity and State of the chief Magistrate neither the Pretor of Rome nor Prefect of Milan neither the Procurators of St. Mark in Venice or their Podesta's in other Cities neither the Provost of Paris or the Mark-grave of Antwerp or any other Oppidan Magistrate goes beyond the Lord-Mayor and Sheriffs of London if one go to the variety of their Robes somtimes Scarlet richly surrd somtimes Purple somtimes Violet and Puke What gallant Shows are therby Water and Land the day that the new Lord-Mayor is sworn What a huge Feast and Banquet is provided for him Touching the Regulation of all sorts of Trade and Laws for the improvement therof the City of London hath not her fellow Touching variety of Artisans London abounds with all sorts T is tru that mingling with Forreners hath much advantagd her herin But those strangers themselfs confess that the English having got an Invention use to improve it and bring it to a greater perfection Touching Corporations Halls Fraternities Guilds and Societies London hath not any Superiour witness the twelve great Companies out of which one is elected yeerly to be Lord Mayor with threescore several Companies of Citizens besides And touching all sorts of Opificers and variety of industrious ways to improve all kinde of Manufactures and therby gain an honest livelyhood and proportion of Riches London may be calld as Luca is in Italy a Hive of Bees or a Hill of Ants which have always been accounted the Emblemes of Industry and Providence Touching abundance and plenty of all kind of Provisions as Flesh Fish Fowl Fruits Fuel variety of Drinks and Wines with any other Commodity that may conduce to Plesure and Delight as well as to supply Necessity London may glory to be as well servd as any City under Heven A knowing Spaniard said that he thought Eastcheap-shambles alone vended more Flesh then is spent one week with another in all the Court of Spain Gascon Wines drink better in London then at Bourdeaux Canary Wines better then at Lancerote Rhenish Wines better then at Backrag Nor doth London abound with all things for the Belly alone but also for the Back either to keep it warm or make it gay What varieties of Woollen Stuffs are found in evry Shop What rich Broad-Clothes some being wrought to that height of perfection that some have been made of Ten pounds a Yard in price But our unlucky English-Schismatiques pretending to flee for persecution of conscience have set up their Looms and shewd the Hollanders the way to the great detriment of their own Country Concerning wholsome sweet Springs
of Peace As I was writing this me thought I had whisperd in my ear that the French King hath one kind of Power that transcends any of the King of Great Britains which is that he may impose what Taxes he please upon the peeple by his Edicts alone T is tru he can and he may thank the English for that power for when they had coopd him up in a corner of France in Berry the Victorious English being Masters of the rest That Power which before was in the Assembly of the three Estates of laying Impositions was invested in the King himself pro tempore during the Wars because the three Estates could not assemble But this Power makes him a King of Slaves rather then of Free Subjects and if they may be calld Subjects they are Subjects of an Asinin condition which cannot have any tru manly courage in them or a competency of wealth to bear it up which is the cause that though France be a rich and self-sufficient Country yet some think ther are more Beggers in Her then in all Christendome besides Now it is a Principle in the Civil Law That Dominum habere nobiliorem confert ad dignitatem Vassalorum nobiliorum habere populum confert ad nobilitatem Principis To have the nobler Lord conduceth to the dignity of the Vassal and to have the nobler Peeple conduceth to the dignity of the Prince By this Axiome the King of Great Britain is the more Noble because he is Lord of a free-born wealthy peeple and not of Slaves and Beggers Yet it cannot be denied but that it is one of the greatest advantages of power and repute for a King to be Rich provided he come not to be so by grinding the faces of his Subjects The Republik of Venice and the Seat of Genoa carry that high esteem in the world because the one hath the Tresury of Saint Mark and the other the Bank of St. George The Duke of Florence is stild the Grand Duke more then other Dukes who have larger Territories because he hath always a rich Tresury Therfore I will draw towards a conclusion of this Paragraph with this most humble Intimation to the great Council of England now Prorogued that at their Re-access they wold please to consider that wheras the fame of being Rich and to have the Coffers of his Crown well ballasted conduceth so much to the Repute of a King and so by Reflexions upon the whole Nation As also to make Him redoubtable both abroad and at home And wheras the contrary fame exposeth him to contempt Insultings and Pasquils as some frisking French Wits have bin lately too busie and bold that way and likewise our Neighbour Hans who daily offers us such insolencies which makes me think of an Italian Proverb which though homely yet it comes home to this purpose Cavagliero ò Principe senza quatrini è come un muro senza croce da tutti scompisciato A Cavalier or Prince without money is like a Wall without a Cross for evry one to draw upon Therfore I am bold to reiterat the foresaid humble Intimation I will not presume to say Advice though it may be well calld so to the Honorable House of Commons when They reassemble That in their great Wisedoms they wold have a sense of the present condition in this particular of their King so miraculously restord unto Us by a pure Act of the Omnipotent And that wheras the Two Neighbouring Kings have of late yeers enhancd their Revenues and Incomes far higher then they were formerly They wold be pleasd to think it not only agreeable to the Rules of tru Policie but most necessary for the Honor and safety of the whole Nation to make the Monarck of Great Britain to correspond and bear up in a hansome proportion this way with either of Them as He doth in all other things besides A Corollary to what hath bin said in this first Section IN the preceding Paragraphs it appeers by luculent and cleer proofs how the King of Great Britain Had to his Predecessor the first Christian King that ever was upon earth He had to his Predecessor the first Christian Emperour and Empress He had to his Predecessor the first Christian Worthy and the first Erector of Military Knighthood He had to his Predecessors some of the most victorious Kings that ever were His Predecessors were the first who freed themselfs from the Roman Yoke both in Temporals at first and in Spirituals afterwards It hath appeerd how He is Sovrain of the Noblest Order of Knighthood that any King hath It hath appeerd that his Ambassadors had the Precedence given Them in divers General Councils It hath appeerd how the King of Great Britain hath as Free-born and valiant Subjects as any other It hath appeerd that He hath the most plentiful and hospitable Court of any other King That He hath as independent Authority as any other King It hath appeerd that He hath the stoutest Men of War The Noblest Haven The Inaccessiblest Coasts with the greatest Command and Power at Sea of any other Which makes the English Merchants to be so highly respected abroad above other Nations having more Privileges at the entrance of the Baltik in the Sound as also in Hamborough and Holland where they have Houses like Palaces provided for them gratis and free from Excise In Ligorne in Constantinople and the gran Mosco they are more esteemd then any other Merchants And t is well known how his Subjects the Scots have the privilege of Preemption in the Vintage at Bourdeaux with divers other Immunities in France above other Nations Wherfore if any King may be calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 t is the King of Great Britain to whom that famous Verse of the Father of Poets may be applyed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Scepter is given Thee to be Honord by all To these particulars we will subjoyn the Reasons that Sir Henry Nevill with the rest of the English Ambassadors sent by Queen Elizabeth in a joynt Legantine Commission to Bullen in France to negotiat with Don Balthasar de Zuniga and others sent Ambassadors from Philip the second of Spain and the Archduke Albertus I say we will insert here the Reasons which the English Ambassadors gave then for prerogative and right of Antecedence in the contest that happend then with those of Spain by a Remonstrance which they sent the said Ambassadors in these words as t is extracted out of the Record it self Illustres Magnifici Domini Perlegimus scriptum quod Illustres Magnificae personae vestrae ad nos heri miserunt Illa capita quae substitutionis potestatem sigilli vigorem attingunt statuimus non ulteriùs prosequi confidentes de sinceritate serenissimi Domini Archiducis acquiescentes integritate Illustrium Magnificarum vestrarum personarum quae nobis pollicentur bonam fidem in hoc quod agitur negotio summo cum candore humanitate conjunctum Clausulam vero
we think that Right to appertain still to the Crown of England notwithstanding that the Territories and Dominions of the Kingdome of Spain be propagated and amplified which in the right estimation of things prevails not or ought to prevail twixt Christian Princes touching this question For then other Kings and Princes would assume a right of Precedence above others to whom now they grant it ever and anon if their Dominions increase Moreover touching this present controversie about Precedence ther is another thing which doth not unworthily offer it self to be examined by your Judgements which is That one of Us which the most serene Queen our Mistress hath chosen her Ambassador to conclude this Treaty of Peace is one who daily resides in that quality in the Court of the most Christian King which Dignity with all Prerogatives he retains as long as he sojourns in France But the first of you although he be Ambassador to the Catholick King with the most serene Archduke and being out of the Dominions therof he puts off that quality and dignity We think also that our Ambassador in whom this Dignity is multiplyed and shines more ought by right to be preferred before any that is appointed by a single and bare title onely for this great Treaty Therfore if you please let this Question be pretermitted with deep silence and let this Prerogative remain and dwell in the most serene Queen our Mistress to whom it justly belongs and appertains so we shall more cheerfully apyly our selfs to the business for which we are come All this we desire may be candidly and frendly accepted according to the prudence and moderation of your illustrious and magnificent Lordships as proceeding from the Observances and Religion of our Office not with any dessein to consume time or raise contentions Bullen 26 Maii 1600. Henry Nevil Iohn Harbert c. The Spanish Ambassadors made an answer herunto which we reserve for the third Section wherin the Arguments of Spain for Precedence are set down wherof one of the strongest he urgeth is the Multiplication and encrease of Dominions which according to Besoldus and Cassaneus with other great Civilian Jurists is no Argument at all in regard it doth not hold among ordinary Nobility As for example He of Arundel is first Earl in England He of Angus in Scotland And He of Kildare in Ireland by the Laws of Heraldry and Hereditary Right Put case that some other of their fellow Earls in either Kingdome shold grow richer and have more Mannors Possessions and Lordships yet they will not offer to take place or precedence so the Argument may hold A minori ad majus For if it be so among Noble-men much more shold this Rule have validity among Souvrain Princes I will go on with a passage that happend in Paris a little above twenty years since Hugo Grotius residing at Paris in quality of Ambassador for the Crown of Sweden attempted to make his Coaches go before those of the Earl of Leicester pretending a right of Precedence because the King of Sweden whom he represented was King of the ancient Goths and Vandals c. which was under favor but a feeble Argument For ther were Kings of Great Britain thousands of years before the Goths or Vandals were scarce known to the Christian world nor do any stories make mention of them until a little after the declinings of the Roman Empire about the year 350 from the Incarnation nor came they to be Christians till a long time after And it is the Position of Grotius himself in his Book de Iure Belli Inter Reges 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
the next Court of Parlement that is by the next Assembly of the Three Estates That Assembly is now grown as obsolete as a General Council for ther hath been none these fifty years and upward Besides the Real Demeans of the Crown the King hath to support his Greatness 2. La Taille 3. Le Taillon 4. Les Aydes 5. Les Equivalents 6. Les Equipollents 7. Les Crues ou Augmentations 8. L'Octroy ou Benevolence 9. La Gabelle 10. Les Imposts 11. Le haut passage or Domain forain for goods exported 12. Le Trait Forain for goods imported 13. La Solde de 50000 Soldats 14. The Tenths besides All these Impositions are as old as Lewis the eleventh who wheras before most of them were laid and levied upon extraordinary occasions he found a way to make them perpetual And if those fourteen Strings touchd before will not serve his turn he hath power to make more for his Bow when he pleaseth and herein the King of France hath the advantage of his two Neighbouring Kings This is that indeed which makes him so potent Hereby he can lade an Asse with Gold when he will to break in through any Wall though otherwise never so inexpugnable It is a full Purse that makes a King both feard at home and formidable abroad wheras the contrary makes him but a kind of Scar-crow King as the Spaniard tells us in his Proverb Don sin dinero no es Don si no Donayre I will conclude with the Greek Poet who sings to this purpose very elegantly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wherwith the Latin doth verbatim and exactly correspond both in sense and verse Argenteis pugna telis atque omnia vincès Fight with Silver Weapons and thou shalt conquer all The seventh Argument A Potentiâ Regni from the Strength of the Kingdome THer is not such an intrinsique united Power such a knot of Strength any where as France is Ther are in France thirty thousand Parishes so that taking but ten men out of one Parish with another an Army may be composd of two hundred and fifty thousand Combatants besides the City of Paris that huge Mass and Miscelany of all Nations which may furnish well-neer as many more And it may be said that France was never so powerful since the time of Charlemain as now she is nor so entire and that for many reasons First in regard that the Hugonots or they of the Protestant Religion are reduced to an exact subjection who indeed were the greatest weakness of France before for oftentimes they servd as Dark Lanterns to other Princes both abroad as well as at home to put Combustions in France at plesure They might be calld Regnum in Regno having such a considerable strength as above 200 Towns in many wherof they kept Garisons for the maintenance wherof the King himself was to contribut by Article Two of these Towns commanded the great River of Loire and others were neer the Sea so consequently fit to receave Forren assistance as Rochel the taking wherof did much startle Spain who had she foreknown that England could not have done it she wold have sent assistance her self which made Cardinal Richelieu to raunt that he had taken Rochel en depit de Trois Roys in despite of three Kings viz. the King of England the King of Spain and the King of France himself who was a great while averse to that business But now all those Towns of caution and safety the Hugonots had are dismantled besides they have no Garison any where so that they are to relie for the future soly upon the Kings savor wherby they are brought to a perfect pass of obedience which great Five Kings of France before the last endevoured to do but could never effect it Secondly France is far more powerful because of the three Keys which Richelieu said he had got viz. Brisac to enter Germany Pignorol to enter Italy and Perpignan to enter Spain at plesure having therby besides added to France the whole County of Roussillon Thirdly because he hath got in a manner all Lorain which was formerly a Countermure twixt France and Germany being engagd by homage to the Empire Fourthly he hath got the Garison of Strange Soldiers which were in Orenge to be dismissd and the Castle as good as dismantled which lying within the bowels of one of his own Provinces might be said to be another weakness to France He hath also got the Italian Garison in Avignon to be casheerd which also was another inconvenience to France lying within her Verge and hath made himself Master of the place though it was part of St. Peters possession above 300 years Lastly he hath Graveling with Dunkirk and other Towns in the Netherlands All which considered it may be said that the power of the Kingdome of France is much more improvd then it was formerly in many hundred years The eighth Argument Ab Opulentia Fertilitate from Wealth and Fertility IN one of the former Arguments we spake of the four Staple Commodities of France viz. Corn Salt Hemp and Wines To these may be added Silks Oyls Woollen Stuffs and Saffron All manner of delicat fruits as Orenges Lemons Cytrons The Lady Flora also hath one of her choicest houses of plesure there as well as Ceres and Bacchus ther being such abundance of choice fragrant flowers to be found in evry Garden As likewise all sorts of Edible Roots and Salade-Herbs Pomona also may be said to have her best Orchard there for the excellentst Cyder is made in Low Normandy and those who are habituated to drink it are observd to have cleerer Complexions then others who have only Wine for their drink Ther are not more delightful Medows and Fields on the surface of the earth such huge herds of Cattle and variety of Stuffs and Cloth made which makes Le. Drap de Berry in such high request with the most curious rich Sattins and Velvets of Tours Ther is not such a Beau-die such a Scarlet Die in any Country What thick swarms of Bees and delicat Hony is found in every Peasans Garden What delightful Woods and Lawns Chaces and vast Forests with whole Hosts of huge headed Deer and other Beasts for Venery range up and down Such Forests that the Sylvan Gods themselfs are seen sometimes to hunt in them As ther is a rare Passage recorded by the Bishop of Rhodes in his late Annals of Henry the Fourth that at a great appointment of Hunting one day in Fountainbleau as the King was in the heat of his chace ther was another cry of Hounds and Horns heard which afterward coming neer a black man plainly appeerd to all who cryed out three times Amendez vous Amendez vous Amendez vous and so he and his Hounds vanished The Wood-men and Officers of the Forest being questiond about it they answerd That that black man was often seen to hunt there with his Dogs and wold suddenly disappeer but he never usd to do hurt to any
the first Valour and Fortune may be said to contend which shold entitle him Henry the Great They both strivd for mastery in Him and which shold overcome He was Conqueror in four signal Battails In thirty five hot Skirmiges In above a hundred personal Encounters with the siege of about three hundred several places wherin He provd always Victorious which makes his memory to continue still fresh in France and makes new impressions from Fathers to Sons to render it eternal Ther is scarce any considerable Town but hath his Statue in Brass or Marble and Pictures innumerable insomuch that one said Una Henrici Oblivio erit occasus Humani generis The Oblivion of Henry alone will be the end of Mankind But for a tru Character of him I will insert here that which is engraven on the Cheval de bronze the Brasen Horse on the Pont-Neuf in sight of the Louvre his most Royal Castle in Paris which character runs thus Ie suis Henry grand Honneur de la Terre Astre de Paix Foudre de la Guerre L'Amour de Bons la Crainte de Pervers Dont les Vertus meritoient l'Univers Henry I am the Glory of Mankind The Star of Peace and Thunderbolt of War The spur of Vertu scourge of Vice A Mind That merited to sway more Scepters far Touching his Son and immediat Successor Lewis the Thirteenth he also did mighty things He began to bear Arms and wear Buff almost when he was no higher then a Sword at which height they say the Kings of France are out of their Minority but before he came out of His he repressd two ill-favourd Commotions in Poitou and Britany He continued Conqueror all his life-time nor did He know what it was to be beaten He bangd all his Neighbours round about him He clammerd twice with his Armies ore the Alps and came back again having done the business he went for He climd likewise with his Troops up the Pyreney Hills and establishd a Viceroy in the Kingdome of Catalonia He crossd ore the Meuse and made many deep Hacks in the Ragged Staff His Horses foorded ore the Rhine and helpd to cuff the Eagle ilfavouredly in the German Air. And lastly He foyld the English at the I le of Rhe. These were Exploits abroad At home also within his Kingdome He did marvailous things by suppressing so many Civil Insurrections and lastly by debelling the Hugonots which his five immediat Predecessors could not effect though they attempted it many ways Then which Action nothing could conduce more to the security and improvement of the power of the French Crown and the tranquillity of the Country The tenth and last Argument Ab Exemplo Authoritate Historicâ from Examples and Historical Authority THe Arguments which went before may be said to be Embroderies and Florishes of Reason yet those Florishes were wrought upon good Substantial stuff but this last Argument hath more of solidness legality and weight in it for it consists of Examples and Historical Authentik Proofs of Antiquity which the Logitian tells us is one of the strongest way of Argumentation We will not make such over-curious Retrospects as to look on the times before Charlemain though ther be divers examples that ever since the time of Clouis who was the first Christian King of France which was above 300 years before which prove that the Kings of France had Prerogatives of Session and Precedence both of Place and Person next to the Emperour But since Charlemain had the title of Christianissimus given him ther be divers cleer and convincing proofs how after the Empire was devolvd from Charlemains Race to the houses of Saxony Suevia and Austria nay since Austria came to the highest cumble of greatness and multitude of new Dominions the Kings of France have still had the Antecedence both in General Councils in assisting the holy Offices of the Church and in attending the Popes Person Now t is known that the Court of Rome with the Rules and practice therof is fittest to determine this Question of Precedence Mausonius and others have it upon good record how Anno 1564. Pope Pius the fourth passd a solemn Decree That the Kings of France ought to have the Precedence of any other King Nor indeed in former Ages did any King contend with him herabouts but the King of England The Spaniard did but of late years stand for it it is but since the Raign of Charles the fifth And as the Kings of France before claimd it as succeeding Charlemain so the Kings of Spain wold challenge it as succeeding Charles the Fifth Yet in the famous Treaty at Vervins 1598. after long Concertations and canvassing of the point Pro Con the Spanish Ambassadors made a Cession of Precedence to the French And Baldus the great Civilian as Purpuratus relates affirmeth categorically Nemo praesumat Honorem super vexilla Invictissimi Franciae Regis It is tru that some Writers rank Kings thus The King of Hierusalem the King of France the King of Sicily and the King of England which four are the only Anointed Kings And for this they shew an old Manuscript of the Church of Rome calld Provincialis Saint Gregory writes to Childebert Quanto caeteroâ—… homines Regia Dignitas antecellit tanto caeterarum gentium Regna Regni vestri culmen excellit As far as Royal Dignity excels all other men so far doth the glory of your Kingdome excel others Hâ—…norius the third says Reges Gallorum opposuerum se tanquam marus inexpugnabilis pro populo Christiano The Kings of France opposd themselfs as an inexpugnable Wall for the Christian People Gregory the ninth saith Regnum Galliae est quasi Phaâ—…etra quam Christus sibi circa femur accinxit ex qua sagittas electaâ—… extrâ—…hens 〈◊〉 â—…t sibi gentes Regna subjiciat in arcum brachii potentis emâ—… France is a Quiver which Christ tied to his thigh whence he draws Arrows for the subduing of Nations and Kingdomes c. Now touching the point of Precedence the notablest Contests that France hath had have been with Spain in the Council of Trent which lasted so many long years by intermissions the relations wherof lie scatterd up and down in divers Histories but we shall endeavour to give here a distinct and uninterrupted Narration thereof but first we will speak of a signal Contest in Venice The famous Contest twixt the most Christian and Catholique Kings in Venice as also in the Council of Trent IT is well known how that before the rearing up of that huge Colosse of the House of Austria which was Anno 1516. when Ferdinand of Aragon died Charles rendred himself very potent both in Italy as well as in Spain But he encreasd more strength after the death of Maximilian being chosen Emperour in his place at which time he was mounted to the highest pitch of sublimity and power I say t is well known how till that time the Kings of France were acknowledged the
first after the person of the Emperour who hath still preference given him before all secular Princes whatsoever Now the Question was never Sur le tapis was never controverted about Priority twixt France and Spain till the house of Austria started up to that enormous greatness And although before Charles the fifth ther were Six Emperours of that House and that the quality of Emperour gives precedence to any who legally possesseth the title be he of what Family soever yet that Prerogative is not given to any of their posterity being not calld to the Empire In regard in Electif States the Election adhering only to the person of the Elected gives the Eminence only to his person excluding all other yea his own Sons unless they be formally elected although in Successif hereditary patrimonial Estates t is otherwise Insomuch that the house of Austria hath no more right to the Empire then the house of Saxe Luxemburg or Brandenburg with other Families who were Caesars before them Another House which much strengthend that of Austria was that of Burgundy which yet was feudetary to France as also the Counties of Flanders and Artois though the rest of the seventeen Provinces which came to Spain by this alliance with Burgundy are Fiefs of the Empire The other Houses who did aggrandize Charles the fifth were Castile and Aragon Castile came to be a Kingdome but after the yeer 1000. And the Kings of England took always precedence of them Arragon was but a small State feodary to the Church of Rome until the Kingdome of Naples which is also a Fief of the Church was annexd unto it Hereunto as Fortune wold have it were added the West-Indies discoverd first by an Italian and offerd to the King of England Then by alliance with Portugal the East-Indies came also to the Crown of Castile This increase of Countries raisd the Spirits of the Spaniard to claim Precedence of France and England two of the most ancient Christian Kings And to go more methodically to work we will divide the State of the house of Austria to three times First to that which preceded the year 1519. when Charles was establishd in the Empire The second during his Raign until he retird to a Claustral Life Anno 1555 The third to his Progeny since Touching the first t is certain that notwithstanding the promotion of this Family to the Empire yet it continued still homageable to the Empire For Philip the Father of Charles the Emperour rendred solemn homage to the Chancellor du Rochefort and Charles after him for the Counties of Flanders and Artois Anno 1507. so that the said Charles being born in Gant was born a Vassal to the King of France That in the Interview of Lewis the twelfth and Ferdinand of Aragon Anno 1507. at Savona although King Lewis usd great civilities to Ferdinand coming to visit him upon his own Territories and so gave him Precedence yet the world knows that it was but by way of Complement But before Charles mounted the Empire this Dispute of Precedence never entred into the Spirit of Spain In the year 1519. Charles was created Emperour which Anno 1555. he resignd to his Brother Ferdinand and at the same time he made a voluntary and absolut Cession of all the rest of his Dominions to his Son Philip the second except the Archduchy of Austria and the dependences therof in Germany Philip though he succeeded in the Empire to which the Precedence only belongs yet he endevourd to keep it still under pretext that he succeeded the Emperour his Father in all his large her hereditary Dominions who always took place in all Assemblies Enterviews and Tretises specially in the great Council of Trent though it was confusedly because two qualities were in him of Emperour and King which could not be distinguished or separated But in the yeer 1555. when meditating upon a retirement he resignd the Empire to his Brother and all his Kingdomes to his Son Philip perceaving that his Son could not take precedence of the King of France because he was not Emperour He made use of another artifice for conserving this pre-eminence for his Son as well as for his Brother Before his retirement he revokd Don Francisco de Vargas his Ambassador in Venice who had always taken precedence of the French Ambassador without scruple Now after his resignation of the Empire he sends again the said Vargas to Venice as his and also his Sons Ambassador joyntly though indeed he was but Ambassador only to the King of Spain But he thought to over-reach the Venetian because he employd still the same man qualified in apparance as formerly Vargas demanded of the Senat the same precedence as formerly which the Bishop of Lodeve Ambassador at the same time to Hen. 2. of France opposd remonstrating to the Senat that Charles was no more considerable to the world being a reclusd person And if the Ambassador of Ferdinand to whom he had transferrd the Empire were present he wold yeild place unto Him but he wold not come after the Ambassador of King Philip. The Senat apprehending some ill issue from this Dispute orderd that neither of the Ambassadors shold be present at the Feast of St. Mark and so the business remaind at a stand by the irresolution of the Senat and the simplicity of the French Ambassador who at last was contented to give way to the Ordinance of the Republique in favor of Vargas But Anno 1558. Francis de Novailles Bishop of Acs succeeding him of Lodeve renewd the Dispute and the Ambassador of Ferdinand arriving about the same time Novailles demanded of the Senat to be maintaind in his Rights and to have the first place next the Imperial Ambassadors and so took it couragiously before Vargas who observing the cunning of the Emperour Charles who died in this conjuncture of time was discoverd and that he passd for no more then for the Ambassador of King Philip Vargas began to speak high of the Grandeur of his Master and to display the large Dominions and States he lorded over far more in numbee then those of the French King alledging that these Customs of Honor and Antecedences ought to be alterd according to the times That his Master was the greatest King of the world That he was able to assist the Republique with Arms Men and Mony more then the King of the French c. But the Bishop of Acs though much heat intervend obtaind of the Senat a Deerâ—…e wherby the precedence was adjudgd him before the Spanish Ambassador who loudly complaining therof the Senat made answer That the Republik did not trouble her self to examine the greatness of their Majesties but she found within her Registers that in all Acts both publik and privat in all Ceremonies Visits and Audiences the Ambassadors of France preceded those of Spain wherin she wold acquiesce This answer offended King Philip who therupon revokd his Ambassador But Michael Surianus Ambassador for the Republick in
Great Britain having intimation that ther might be some clash between the Coaches of the foresaid Ambassadors if they sent them according to custome to bring in the said new Ambassador He sent unto them that they wold forbear to send their Coaches because some inconvenience might arise Batteville answerd That he wold conform to his Majesties plesure provided l' Estrade did likewise do so But l' Estrade gave answer to the Kings Message That his Predecessor the French Ambassador immediatly before him had receavd a check at his return to France for omitting this ceremony and so was he like to do if he did not perform it So both of them sending their rich Coaches and Laquays to Tower-wharf where the new Ambassador was to land Batteville it seems had taken such a survey of the place that his Coach stood in such a posture that none could get before it and the Kings Coach besides he had causd the Rains and Harness of his Coach to be lin'd with Wire making them therby poof against the strokes of Swords so ther happend a hot and fierce Scirmige ther being Pistols on both sides besides Swords and the French had some horsmen also so the poor Horses were slashd and some Laquays killd on both sides and one Spanish Gentleman was killd in the Coach but Batteville stood firm to his ground and so his Coach went next to the Kings all the way News being sent herof to Paris it was much resented and the Spanish Ambassador there being confind to his House he presently dispatchd an Expresse to Madrid who being returnd He sent to the Louvre that he had receavd such Orders that wold give his Majesty satisfaction touching the late Traverses in England and so desired Audience which was appointed him the next day In the interim command was sent that the Princes of the Blood and chief Officers of the Crown shold be there The Spanish Ambassador being come and expecting a privat audience but finding such a solemn meeting was a little stunnd at first yet he went on and deliverd his Message to the King which was that touching the late Contest in England it was done without his Catholique Majesties direction and knowledge therfore he wold take a cours that no occasion shold be offerd for such differences herafter Besides these he pronouncd other Explanatory words that were equivalent to an acknowledgment of Precedence to his most Christian Majesty which were suddenly commanded to be registred in the Council for an Act of State and so to stand upon Record to Posterity Hereupon ther was a most prudent Act of State passd in the Privy Council of the King of Great Britain That in regard of the inconvenience and disturbances which did thence arise his Majesty commanded that no Forren Ambassadors Coaches shall for the future go to accompany and introduce any new Ambassador whatsoever because his Majesties Coaches are sufficient to accompany them in a fitting Equippage which Act I believe will be a leading case to all the Courts of Christendome Before we conclude this Section touching the Right of Precedence which the French King claims of other Princes we will adde what Mr. de Breves says in his Appendix of the Negotiations in the East where he says That in the Raign of Henry the Great he took Precedence of the Ambassadors of Rodulphus the Emperour in Constantinople at the Port of the Turks Court who values Christian Princes according to the merit of their Might WE will now proceed to weigh and winnow the Arguments of Spain in order to a Precedence which we will extract also and distil out of their own Authors as Valdesius Francisco Vasquez Camillo Borrello Besoldus Morales Augusto Cavaisll Caranato with divers others And let this be a Close to the second Section The third Section CONTAINING The Reasons wherby the King of Spain 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 We will reduce also to Ten Heads or Arguments The first Argument Proving That the Catholik King may challenge Precedence because Spain is the Noblest Kingdome of Europe as being always accounted the Head therof The second Argument Proving That the King of Spain may challenge Precedence by the Authority of General Councils and the Learned Doctors of the Church The third Argument Proving That the King of Spain may challenge Precedence because Spain first receavd and professd the Catholik Faith That the first Christian Church was built there The first Council celebrated The first Bishop was elected out of Her The first Emperour created c. The fourth Argument Proving That the King of Spain may challenge Precedence because He is the Catholick King which is a more ancient Title then Christianissimus The fifth Argument Proving That the King of Spain may challenge Precedence because that in magnitude of Kingdomes in Power and Tresure he excels all other The sixth Argument Proving That the King of Spain may challenge Precedence for Nobleness of Family and that the Kingdome of France did justly belong to Philip 3. The seventh Argument Proving That the King of Spain may challenge Precedence because he is King of Ierusalem The eighth Argument Proving That the King of Spain may challenge Precedence because of free and absolut Dominion and that he hath Empires under Him The ninth Argument Proving That the King of Spain may challenge Precedence because he hath done such great Offices to the Christian Church The tenth and last Argument Proving That the King of Spain may challenge Precedence because the Catholick Church receaves greater Protection and Emoluments from Him then from any other Prince whatsoever OF all these Arguments we shall treat distinctly in several divisions according to the former method and distil out of the chiefest Spanish Authors that write of this subject the Elixir and strength of their Reasons But let the Reader take this Advertisement That he must not expect here the particular Quotations and Marginals wherwith the Spanish Writers use to abound and which indeed belong to Civilians and Iurists No the Author here goes on in a freer and generous way and the Reader without abusing his Faith may believe what he delivers being extracted with much fidelity and care out of the forementiond Authors who write for the Crown of Spain and in their own expressions and so we begin with the first Argument viz. That Spain is calld the Head of Europe and consequently the Noblest Kingdome I. THe beginning of evry thing as it is the hardest so it is always accounted the worthiest and most Noble part as being the head and source whence the rest are derivd so our blessed Saviour is calld Principium Caput the beginning and Head wherof all the Faithful are Members He is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as well as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And his Vicar-general upon earth the Pope is calld Caput Ecclesiae Militantis The
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
mention of any such thing But grant that France hath reason to give the Lilies or Flower de Luces for her Royal Arms yet Spain hath a nobler for Spain gives the Crosse in her Shield For we know that many ancient and Authentik Writers affirm how the Cantabrians or Biscayners who were left unconquerd by the Romans carried a Crosse in their Banner long before the Nativity of our Saviour which King Pelagius carried when issuing forth of the great Cave calld Cobadonga to this day with not much above 1000 Christians he utterly routed 60000 Saracens to the memory wherof t is thought the great Church Cangas calld St. Crosses Church was erected where he lieth buried with a Crosse ingraven upon his Tomb. And after King Pelagius who is calld the Instaurator of Spain with other Kings had the Crosse in their Banner And San Isodorus who after St. Iames the Apostle is the Patron of Spain always usd it who was a Bishop and a Knight so that wheresoever he is represented either in shadow or stone he is painted in a Pontifical vest having the Crosse in one hand and the Sword in the other and as the Oriflambe is the chiefest Banner of France which is kept in the great Church of St. Denis so in the great Church of Leon in Spain Saint Isodorus Banner is devoutly kept up which upon occasion of urgent necessity was usd by divers Kings to be brought to the Field against the Saracens and afterwards against the Moores wherby many glorious and wonderful Victories were obtaind Nor is the Crosse the Ensigne onely of Biscay and Castile but also of Arragon and of Navarre and the ground of it is related in Beuter Illescas and Turapha to be that when King Garcia Ximenez was ready to fight a Battail against the Saracens and that the Christians under his command grew to be dejected and faint-hearted ther appeerd in a green Tree a red Crosse very resplendent which struck such a comfort and courage and made such impressions in the heart of the fainty Soldiers that they fell upon the Infidel-enemy with so great a resolution that they did utterly discomfit him wherupon he was called Rey de Sobrarbe because that the holy Crosse appeerd above a Tree Argum. 7. Proving That the Catholik King may claim Precedence because he is King of Jerusalem and that the Right of Unction belongs also to Him c. ALl Authors concede that in all solemn Pomps and publik Places the first seat in the Church after the Emperour belongs to the King of Ierusalem as Corsetus Grasalius and others do observe And the Reasons are many Because our Saviour preachd and sufferd there Because he made choice of his Apostles and Disciples there Because he wrought most Miracles there Because he conversd and had conference with Men there Because he instituted his last Supper there Because he did consummat the Eternal Salvation of Mankind there and because he was buried there with multitude of other Reasons Now that the King of Spain is right King of Ierusalem I beleeve ther are but few will deny it for the Holy Father in all his Bulls in his Apostolical Letters and all publik spiritual Dispatches doth stile him King of Ierusalem and so doth the Conclave the College of Cardinals the Rota or Judges of the Apostolik Chancery And it is as cleer as the Meridian that this Title is due to him as he is King of both the Sicilies viz. of Sicily Calabria and Naples which appeers evident in all Annals and Chronicles Although the French do cavil with him for a Right to those Kingdomes which Valdesius and Vasquez do sufficiently answer and refute Nor can it be denied but a double Unction belongs to him as he is King of both those Kingdomes wheras the Kings of England and France have but one Unction apeece relating to single Kingdomes Now that Kings are to be anointed with holy Oyl the sacred Code tells us plainly for it was the warrant which God Almighty himself the King of Heven and Earth gave unto the Prophet Elias Unges Asachel Regem super Syriam Iehu silium Namasi unges Regem super Israel Thou shalt 〈◊〉 â—…sachel King over Syria and thou shalt anoint Iehu King over Israel In another place he speaks himself Inveni David servum meum oleo sancto meo unxi eum I have found David my servant and with my holy Oyl have I anointed him Therfore Kings are called Christs upon earth because they are anointed by God Nay Cyrus is calld Christ in this sense as the Text saith Haec dicit Dominus Cyro Christo ejus Thus says God to Cyrus his Christ or his anointed One of the Prerogatives of the Emperour is that he is to be anointed by the Pope himself But Kings are anointed by their own Prelats Augustin de Ancona gives the reason for this Ceremony because Oyl signifieth gladness and promptitude to debel the Enemies of the Church to fight for the Orthodoxal Faith and carry away Victories Therupon at the celebration of the Olympik Games the Wrastlers were usd to be anointed as the Poet sings Exercent Patrias Oleo labente Palestras Nudati Socii The holy King saith Dilexisti justitiam odisti iniquitatem propterea unxit te Deus Oleo laetitiae prae consortibus tuis Thou hast loved justice and hated iniquity wherfore God hath anointed thee with the Oyl of gladness above thy fellows By Oyl also is understood cleerness of Conscience as we read Prudentes Virgines acceperunt oleum in vasibus suis The wise Virgins took oyl in their lamps Now they are Hevenly wide of the truth who hold that these two Kings viz. of Ierusalem and Sicily with those of England and France are only capable of holy Unction For it belongs to all Kings especially to the Catholik King who is a mixt Person twixt Temporal and Spiritual for he is Canon of Burgos as the French King is of a Church in Poitou But the Kings of Spain have bin from all times anointed from the time of King Vuamba and after him Ervigius for the Text of the Council of Toledo saith plainly Serenissimus Ervigius Princeps Regni conscenderit Regni culmen Regnandique per sacram Unctionem susceperit potestatem Most serene Ervigius Prince of the Kingdome shall ascend the top of the Kingdome and by the holy Oyl take a power to raign After these the Gothik Kings were also anointed from Pelagius downward Therfore t is a pure Paradox or rather a vulgar Error that none but the four mentiond Kings are capable of holy Unction Argum. 8. Proving That the Catholik King may challenge Precedence because of the free and absolut Power he hath over his Dominions and that he hath Empires under Him c. IT mightily concerns Royal Dignity to have a whole Plenary Dominion and Rule and not to be subordinat to any other Temporal Power whatsoever Such an absolut Dominion the Catholik King enjoys and is entaild upon him
by the Laws of the Land though as a dutiful Son to the Church out of pure Ideas of Devotion he is contented to be obedient unto his Mother in spiritual things Yet ther are divers Tramontan Writers both Italian and Germans who being devoted to the Emperour wold make the Kings of Spain England and France to acknowledg the Emperour and they who do it not remain in no less then mortal sin And one of the main Arguments which they urge is That the Emperour Sigismund before the Council of Constance assembled sent his summons among other to Ferdinand King of Aragon to be there for the universal good of Christendome But herunto t is answerd That the glorious Emperour Charles the fifth made a solemn Protestation that he decreed nothing in Spain under the notion of Emperour For though he had a double quality yet whatsoever he acted in Spain was singly as he was King therof This signal Diploma or publick Protestation is yet to be seen in the Archives of Spain and is mentiond in the History of Pedro Mexia which runs thus Don Carlos por la gracia de Dios Rey de Romanos futuro Emperador semper Augusto Rey de Castilla y de Leon c. En uno con la muy alta y muy Poderosa Reyna Donna Iuana mi Sennora Madre Por quanto despues que plugo a la Divina Clementia por la qual los Reyes reynan que fuessemos Eligidos Rey de Romanos futuro Emperador y que de Rey Catholico de Espanna con que eramos bien contentos fuessemos promovido al Imperio convino que nuestros Titulos se ordenassen dando a cada uno su devido lugar Fue necessario conformando nos con razon segun la qual el Imperio precede a las otras dignidades seglares por ser la mas alta y sublime dignidad que Dios instituyò en la Iâ—…ierra de preferir la dignidad Imperial a la Real y de nombrarnos y intitularnos primero como Rey de Romanos y futuro Emperador que la dicha Reyna mi sennora lo qual hizimos mas apremiado de necessiâ—…d que de razon que por voluntad que dello tenemos porque con toda reverencia y acatamiento la honramos y desseamos honrar y acatar Pues que demas cumplir el mandamiento de Dios a que somos obligados por Ella tenemos y esperamos tener tan gran sucession de Reynos y senorios como tenemos Y porque de la dicha prelacion no se pueda Seguir ni causar perjuizio ni confusion adelante a los nuestros Reynos de Espanna ni a los Reyes nuestros Successores ni a los naturales sus subditos que por tiempo fueren Por ende queremos que sepan todos los que agora son ò seran de aqui adelante que nuestra intencion y voluntad es que la libertad y exempcion que los dichos Reynos de Espanna y Reyes dellos han tenido y tienen de que han gozado y gozan de no reconocer Superior les sea agora y de aqui adelante observada y guardada inviolablemente y que gozen de aquel estado c. Yo el Rey. Thus rendred into English Don Carlos by the grace of God King of the Romans and future Emperour always August King of Castile and Leon c. together with the most high and most mighty Dame Ioan my Lady Mother Wheras since it pleasd the Divine Clemency by which Kings raign that we were elected King of the Romans future Emperour and from a Catholik King of Spain wherwith we were well contented we were promoted to the Empire it was convenient that our Titles shold be orderd giving evry one his due place It was necessary conforming our selfs to Reason wherby the Empire precedes to other secular Dignities it being the highest and most sublime Dignity which God hath instituted on earth to prefer the Imperial Dignity before the Kingly and to name and intitle our selfs as Kings of the Romans and future Emperour before the said Queen my Lady which we did being pressd more by necessity then by any willingness we have therunto because we honor and respect and desire to honor and respect Her with all reverence and duty in regard that besides the accomplishing of Gods Commandment wherunto we are obligd we hold by Her and hope to hold so great a succession to Kingdomes and Dominions which we hold And because no prejudice or confusion may ensue to our said Kingdoms of Spain nor to the Kings our â—…uccessors nor to the Native Subjects that shall be for the time Therfore our desire is That all those who now are and shall be herafter may know That our intention and will that the Liberty and exemption which the said Kingdoms of Spain and their Kings have held and do hold that they have enjoyd or do enjoy Not to acknowledge a Superior be observd unto Them now and herafter and be inviolably kept And that they enjoy the same liberty and ingenuity which at the time of our promotion and before they had and enjoyd c. And our will is that this Declaration have the force and vigor of a Pragmatical Sanction c. Given in the City of Barcelona 5. 7bris 1519. I the King This Royal Manifesto or Pragmatical Sanction you see doth assert the absolut and independent Authority of the Kings of Spain and that they do not only renounce all subordinations but are free from the least acknowledgment to any Forren Power insomuch that it is enacted by the Laws of Spain that to avoid the least suspition of any obedience to the Empire the Civil Roman Law is not to be kept or alledgd as Law Nor indeed for driving out the Saracens and other Infidels was Spain ever obligd to the Empire or any other Extrinsik Power but she did it by the effusion of her own blood by the strength and valour of her own Natives Moreover the Kings of Spain are so far from any recognition of subjection to the Empire or any outward power that they themselfs in former Ages have bin frequently called Emperours in publik Instruments as Decretals Acts of Councils and Apostolical Epistles from Rome Now if they did merit to be calld Emperours then how much more is that Title adaequat to the Kings of Spain in these latter times wherin they are grown to be Lords of above half of the whole Terrestrial Globe Nor is the King of Spain thus exempt from all Forren extraneous Authority but in point of intrinsecal and domestik Power he is as absolut as any other for it hath not bin found this hundred yeers that his Subjects did refuse the payment of any Impositions which have bin many in regard he wars with all the world who repine at his Greatness Yet is he still Reâ—… Hominum a King of Men viz. of Free Subjects and not a King of Asinigos as his
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
appeer in a fitting equippage all which consumes time as also what high ceremonies are to be usd in so solemn an action Philip Comines who always dismisseth his Readers wiser then they came gives special Cautions for this Affirming that the congress of Souverain Princes in regard of the various circumstances that attend it is a meer folly it is exposd to emulation jelousies and envy as also to delays and retarding of things by needless solemnities He makes an instance in the personal Encounter which the Kings of England and France had where it is observable that he puts England before France adding further that Lewis the eleventh though a politik wise King was much afraid before-hand that some word might slip from him which might give offence or some advantage to the King of England or his Ministers Herunto he adds an infortunat Journey that the King of Portugal made to the said King Lewis for assistance against the Castilians which perhaps he might have procurd by a discreet Ambassador which makes him give a caution touching this point Bien tard â—…n Prince se doit mettre soubs la main d'un autre ni aller cercher son secours en personne A Prince shold hardly put himself under the hands of another or go seek aid of him in person Paulus Emilius also describing the personal meeting that was between King Richard of England and Philip Augustus of France who also in the relation puts him of England before France saith that their often Conversation and Colloquies did much retard and disadvantage the great business of an Expedition to the Holy Land We will adde herunto the memorable example twixt Matthias King of Hungary and Uladislaus King of Bohemia who after a long War were to meet for concluding a peace in Olmutts in Moravia where Matthias meerly out of state made Uladislaus stay for him 15 days Moreover Matthias came with a green Garland about his temples in policy that he might not uncover his head Uladislaus therupon causd his Cap to be so girded and knotted about that it could not be taken off Sic Ars dâ—…luditur arte But ther is a Modern Example far more pregnant then any of these of Charles the first King of England whose Journey to the Court of Spain though the designe was Princely and Noble in it self for it was to endear himself the more to the Lady Infanta yet it provd very disadvantagious for it distracted and retarded the whole business both of Match and restitution of the Palatinat when by the negotiation of Ambassadors it had bin brought to such a passe of perfection that it had taken effect had not the Prince come thither which gave occasion for the two great Favorits Buckingham and Olivares to clash one with another which broke the neck of so great a Business that had bin a moulding above ten yeers which had it bin left to the sole management of Ambassadors had in all probability bin consummated Thus we see how absolutly requisit and necessary how advantagious and essential Ambassadors are to a Kingdom or Common-wealth which made the Roman Orator say Sentio Legatorum munus tum Hominum Praesidio munitum esse tum etiam Divino Iure circumvallatum I â—…old the function of Ambassadors to be fencd by mens power and fortified by Divine right We will conclude with a Cannon of the Civilians Legatorum munus perquam utile est ac perquam necessarium The Office of Ambassadors is most 〈◊〉 and most necessary which makes the Spaniards call it Santo Officio y Ministerio de los Angeles The holy Office and Ministry oâ—… Angells The third Paragraph Of the Antiquity the first Rise and Pedigree of Ambassadors as also of their Dignity high Honor and Pre-eminence and who are capable to qualifie and employ Ambassadors FRom the Necessity of Ambassadors we will proceed to their Antiquity and surely they must needs be very ancient if they are so necessary Some draw their antiquity from Belus the Father of Ninus but Iosephus makes them more ancient and refers their Original to God Himself who was pleasd to create the Angels for this Ministry Therfore Embassy in Greek is calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as being derivd by imitation from the Hierarchy of Angels who are made the Ambassadors of the great King of Heven upon extraordinary occasions either for revelation of the successe of Kingdoms as the Archangel Gabriel was to Daniel Or for the declaring of some rare and signal thing as He was sent also to the Blessed Virgin of the Conception of our Saviour c. Now ther is no Order or Government in this lower World as well Ecclesiastical as Secular but it is had from the Pattern of the higher in regard that God Almighty created the Elementary World and appointed the Government therof to conform with the Architype and chief Pattern or Ideal Form of the same conceavd at first in the Divine mind and prescribd to the Hevenly Kingdome Herunto alludes the Fiction of the ancient Pagans For Aristides tels us that in the first Age of the World wheras Mankind was infected by Brute Animals wherof some were far stronger others swifter others were Venemous which made Mankind become often a prey to Birds to Beasts and Serpents Prometheus being sollicitous and studious for the safety of the humane Creture became Ambassador or Orator to Iupiter for declaring the misery of Mankinde Herupon Iupiter resolvd to send his son Mercury to teach Man Rhetorik that is to speak well and movingly but with this restriction that he shold not communicat this Art to all but to the excellentst the wisest and valiantst sort of men By means herof they came down from the mountains and forth out of Caves and places of fastness and by means of that Art of Rhetorik or Eloquence they united themselfs to civil Societies and coalitions Hence it may be inferrd that Mercury the God of Eloquence was the first Ambassador and he is painted with wings on his heels to denote expedition Besides he carrieth a white Wand calld Caduceus in his hand encircled with two Dragons greeting one another which signifieth that his Office is to make Peace Alliances and Legues as also to de nounce VVar which is intimated by the immanity of the Dragon Having thus displayed the Antiquity we come now to the Honor of Ambassadors and questionless they must needs be very honorable being so ancient Royalty may be said without prophaness to be a Ray of Divinity and Honor is a Ray of Royalty The first is derivd immediatly from Heven the other from Earthly Kings who are calld the Fountains of Honor. Now the reflections of this second Ray falls no where so directly as upon Ambassadors who represent and personat Souverain Princes which makes their Houses Sanctuaries and their Persons so sacred inviolable and excellent and they have this high honor given them not only for their own sakes and their Masters but as they are Instruments of
of that Country to whom he is sent will be apt to think that the Prince whom he personats is so We read that Artaxerces culld out sorty of the hansomst men that could be found to send in quality of Ambassadors to Alexander who were also hansomely clad so that it was a question whether they were a greater ornament to their Garments or their Garments to them as the Greeks said An Ambassador being employed from England to Rome with a train of very comely Gentlemen the Pope beholding them said Hi videntur potius Angeli quam Angli These appeer rather to be Angels then English-men Aristotle being askd why outward beuty and comliness begat so much love answerd That this was a Blind-mans question 4. That he shold be well in yeers for Experience being the great Looking-glass of Wisdome and Wisdome being the principal Vertu requird in an Ambassador Men that have many yeers on their backs qui ont pisse en beaucoup de neiges as the Frenchman saith must needs have more experience by observing the vicissitude of worldly things and the successes therof who have passed the unruly affections of Youth which like so many Mastiffs do daily set upon us Senators or Counsellors of State are denominated from Senes Old men and an Ambassador who may be rankd among the highest Counsellors of State shold be so T is a tru saying Qui in multis versati versuti sunt 5. That he shold be of a proportionable good Estate and not indigent for then he will be the more sedulous diligent and careful in his charge because he hath something to loose for his Estate may be said to be his Bayl all the while he is abroad Moreover it will add much to the reputation of an Ambassador if he be known to be rich 6. He must be liberal and munificent remembring the Person whom he represents for a sordid parsimony and niggardness is odious in all men specially in an Ambassador The Spaniaro saith That Dadivas entran sin taladro Gifts make their way in without a Wimble and nothing concerns an Ambassador more then to make his way into the Consults and Transactions of state of that Court where he resides which cannot be done if he be close-fisted When Sulpitius Galba and Aurelius Cotta did contend who shold be sent to Spain Ambassador in the time of Viriatus Emilianus one of the Senators said That neither of them was fit for the one was poor and the other was covetous thâ—… one had nothing and nothing wold satisfie the other Ther is a remarkable passage in Iovius That when the Florentines sent Ambassadors to Charles 5. and Clement 7. being then at Bolonia together with their houshold-stuff they brought covertly many rich Commodities to sell because they might be free from paying the Gabel But the Searchers of the Custome house having discoverd it they became a laughing-stock and as unworthy of the Office of Ambassadors they were remanded home without audience By this example it appeers that Ambassadors Luggages may be searchd Wherunto we may add another of Sir Thomas Chaloner sent Ambassador to Spain by Queen Elizabeth who sending complaint home that his Chests had bin searchd the Council sitting therupon determind as Campden hath it in these words Legato omnia aequi bonique ferenda dummodo Principis Honor non directè violetur An Ambassador must bear all things patiently provided that the Honor of the Prince whom he serves be not directly violated 7. He must be accostable and courteous and not of a moross humor yet reserving still his staâ—…e and gravity when time place and persons require Urbanity and gentleness works much upon all affections and he is a cheap Frend who is got by a Complement Therfore it becomes and behoves an Ambassador to comply with all in civilities by being of a winning complacentious and benign behaviour yet not to make himself too cheap and to have a special care where he placeth his Complements 8. An Ambassador also must be constant and tenacious of the Religion of his Prince and Country both in the confident profession and constant practice therof if he cannot publikly yet privatly within the walls of his own House for nothing raiseth a repute more then an opinion of Piety Therfore he must be very careful in the choice of his house that it be fair and large and a good distance from the Court otherwise he may be pesterd with too many Visiters that will have their feet under his table ever and anon He must be also constant to the habit and vests of his own King and Country For he who doth not follow the fashion of his Prince herin may be said Exuere Personam and this was imputed as a great fault and fantastiqueness in my Lord Rosse when he went to Spain in King Iames his time who appeerd at his first Audience and continued afterwards in the Spanish habit An Ambassador must be also very careful in the choice of Liveries for his Pages and Laquays that they be rich and fair but not fantastical As likewise that he be well Coachd and that his Coach be well drawn by good Horses for nothing sets forth the lustre of an Ambassador more The sixth Paragraph Touching the Election and appointment of an Ambassador that He shold be Par Negotio or adaequat to the Employment He goes about THe discretion and prudence of a Prince discovers it self in nothing more then in the choice of his Instruments The old Poet tells us If Carpenter have not good Tools He makes ill-favourd Chairs and Stools But of all other Instruments and Officers ther must be most inspection had in the choice of his Ambassador for as the incolumity of the Kingdome depends upon the King so the welfare of the King depends much upon the ability of his Ambassador Therfore this trustful Charge this sacred Function must not be prostituted to evry one for Ex quolâ—…bet ligno non fit Mercurius Evry one is not cut out for a Mercury that is an Ambassador for Mercury is accounted the God of Ambassadors The Romans for a time did choose Ambassadors Sortilegio by Lots as the Venetians now choose their Doge and this was to prevent competitions and corruptions Some were chosen Togâ by the Gown for their wisdome some Sago by the Cassock â—…or their experience in the War according as the quality of the present business did require and indeed t is a great advantage to an Ambassador to have something of a Soldier in him howsoever he must go always Cinctus gladio with his Sword by his side and the Prince who sends him must have also his Sword in his hand though he treats of peace The principalst quality requird in him is to be Intrepidus to be fearless resolut and stout He must not be pusillanimous and sheepish for the witty Proverb will tell him Chi pecora si fà il lupo se la mangia Who makes himself a sheep the wolf will
devour him Therfore ther must be a special care had to pry into the genius and natural disposition of the party in this particular for t is a tru principle in humane Nature That a Coward cannot be an honest man and Honesty is a main thing requird in an Ambassador Therfore he must not be dejected and cast down at the cross traverses and success of any business his courage must not be daunted or dashd at any thing He must be also bold and confident in his Proposals and Demands for Qui timidè rogat docet negare Who asks with fear teacheth how to deny And let him be sure to ask rather too much then too little for Domanda assai che non mancherà poi à calare Ask enough and ther will be enough to abaâ—…e afterwards Therfore let him not be stanchd or mealy-mouthd in his Demands and Audiences Blushing and Bashfulness are commendable in Maids and Boys but odious in Ambassadors therfore the Spaniard hath a witty Proverb Al Vergonzoso el Diablo le truxo al Palacio The Devil brought the Bashful to Court Wherfore in the election of an Ambassador ther must be a regard had to his natural disposition that he be confident and hardy Ther is a memorable observation and saying of Philip the second King of Spain calld El Prudente that when he had designd one for an Ambassador he came faintily and coldly to him to propose some things for the accommodation of his Embassy The King observing it said How can I expect that this man can promote and effectuat my Businesses when he is so fainty and fearful in the sollicitation of his own To prevent this the probablest way is to make choice of a generous and well extracted person for Degeneres animos Timor arguit One of the greatest blemishes that Historians do cast upon Lewis the eleventh of France is that he made choice of his Barbeâ—… to be Ambassador to the Duke of Burgundy and it was upon no ordinary business for it was to make an overture of a March with the young Princess his Daughter but the mean opinion which was had of the quality of the man overthrew the business Matthaeus Palmerius an Apothecary of Florence had betâ—…er luck then the French Barber had For he being sent in quality of Ambassador to Alfonso King of Naples and having acquitted himself so elegantly and with so much generosity at his first audience and the King understanding that he was an Apothecary said Se tali sono gli Speciali di Fierenze quali debbono essere gli Medici If the Apothecaries of Florence are such what shall we think of their Physitians But this Apothecary although he was of an ordinary Trade yet he was an extraordinary man in point of Parts and Erudition which made compensation for the meanness of his Profession Moreover it is an advantage to the affairs of a King that he make choice of a proper and graceful person and of a sound healthful constitution to represent him abroad We read that it was prohibited by the Law of Moses that any man who had any blemish or mutilation shold be made a Levite Now Levits as it was insinuated before are as the Legats of God Almighty and Kings being types of him shold not have any to personat them that had any deformity or indisposition I remember when Count Gondamar and the Marquiss of Inojosa were here Ambassadors for the King of Spain the one was troubled with the Fistula and the other had lost a peece of his Nostril therupon a Libel was made that the King of Spain made an odd choice of his Ambassadors to England for the one had the Pox in his Brich the other in his Nose It hath bin much controverted among Statists whether one person singly or many joynd in Commission be fittest for an Embassy this business is much canvasd Pro Con among the Civilians they that are for plurality urge Solomon That in multitude of Counsellors ther is safety They instance in divers examples and produce Virgil Qui dicta ferunt foedera firment Centum Oratores patria de gente Latinos Darius employd ten in an Embassy to Alexander The Romans sent ten to appease the tumults of Asia They sent ten to Macedonia Four to the Fidenates Three to the Carthaginians c. But Paschalius gives a Rule herein Tentando aut Tractando unus satis est consummando plurtum interventus desideratur In trying or treating one is enough in consummating a business the intervention of many is requird So Peter Matthieu relates that ther were 400 Spanish Gentlemen at the confirmation of the Peace of Vervins twixt Spain and France which might be calld a Legion rather then a Legation But the most political Civilians are for one single person trop gran nombre est encombre too great a number is an encumber among Ambassadors it is subject to confusion and delays it will make the business in treaty to take air and be sooner discoverd One is far more secret and sedulous when he acts by himself then when he must concur with others Then ther are Maximes in the Law Cura plurium cura nullorum The care of many the care of none Quod multos tangit paucos angit Then many emulations and envy do often creep in with other inconveniences amongst many Therfore the most expedit and advantagious cours is that ther be but one Ambassador but the Prince must choose a choice man to be he He must be Lectus antequam Electus Another debate ther is Whether Legatio be only a Virile Munus a Masculin task or whether Women are capable to be employd in an Embassy and more are for the Affirmatif part then the Negatif It was much controverted in Rome whether Veturia and Volumnia two Roman Matrons were fit to be sent as the desperatness of the case then stood upon an Embassy to Coriâ—…lanus and the Volscians it was determind they shold and the treaty took good effect Ther were Roman Dames sent upon an Embassy to Constantius the Emperour for revoking Pope Liberius and they prevaild It was a practice among the Romans to send the Vestal Virgins upon Embassies Ther is a memorable example how Guelpso the Duke of Bavaria having provokd the Emperour Conradus he set so close upon his skits that he coopd him up in Winsberg where he beleagerd him Caesar was so incensd that he vowd to put all to fire and sword So the Duke being reducd to great extremities it was thought fit to send the Duchess as Ambassadress to the Emperours Camp where she performd her part so gallantly that she so movd and melted his heart that for her sake all the Women in Winsberg shold have safe conduct to depart and carry away upon their backs as much of the most precious wealth as they could bear but the Men shold abide his mercy Herupon the Duchess took the Duke upon her sholders and evry Wife after her example took her
then the Son Count Gondamar being invited another time to Dine with the Reader at Grayes Inne at which time the Palsgrave was newly come to Prague among other Healths ther was one begun to the King of Bohemia He pledgd it very merrily and thankd the Reader with the rest of the Company for it was the first time that ever he pledgd the Emperours Health in England Having another time dispatchd an Express to Spain and the weather having continued dark and clowdy in London for many days the Post having receavd the Packet and taken his leave Count Gondamar commanded and told him I forgot one thing I prethee when thou art come to Spain commend me to the Sun for I have not seen him here a great while and I am sure thou wilt meet with him there King Iames having granted leave to Count Gondamar to raise Volonteers to Flanders for the service of the King of Spain under my Lord Vaux and soldiers coming but slowly to the sound of the Drum Gondamar coming a little afterwards to Court the King askd him what number of soldiers he had levied He answerd Truly Sir I can have but few soldiers but thousands that wold be Captains though they were but common soldiers before I will conclude with Count Gondamar in this very witty passage when he was to take his leave of England in his last Embassy the King sent to my Lord Mayor of London to invite him to Dinner which he did with much solemnity having bid the chiefest Lords of the Court to bear him company At first the Lord Mayor after other Complements told him My Lord Ambassador your Excellency me thinks begins to grow very gray Yes Sir said he but my Lord Mayor we have a Proverb in Spain Canos y Cuernos no Uienen Porannos Gray Hairs and Horns come not by yeers Being sate at Table the Lord Mayor began divers Healths at last Gondamar calls for a good Glass-full of Canary and said You are the greatest Magistrat in the world for you give place to none but to your own King as I hear and you live also as plentifully But now that you have made so much of me that having pledgd so many Healths you put me in a Jovial humor I crave leave of these Noble Lords and you to begin a Health or two and the first shall be to the King of Spains Mistress so the Health was drunk round Then he took another Glass of Canary and began a Health to the King of Spains Wife which also passd round among the Lords and Aldermen Then standing up He thankd them all with many Complements and said I will now discover who these two Ladies are The King of Spains Mistress is the East-Indies and his Wife the West-Indies Ther 's none so fond of a Mistress but that if a Frend hath a favor of her he will connive at it as you my Lord Mayor and these worthy Aldermen whom I have in my eye use to have of the East-Indies But my Masters Wife is the West-Indies which he desires to have soly to himself according to the Law of Nations Therfore I pray you my Lord Mayor and these Noble Aldermen do not offer to meddle with the King my Masters Wife We will now proceed to a few others An Ambassador Extraordinary being sent by an Italian Prince to the Emperour that he wold confer the Title of Serenity upon his Master as he had done lately upon divers other Princes But being to depart Re infectâ and taking his leave of the Emperour that morning and the weather being foul and very tempestuous he askd what was the reason he wold begin his Journey upon such stormy weather He answerd Ilne faut pas craindre la Tempeste puis que votre Majesté à remply le monde de tant de Serenité One ought not to fear Tempests since your Majesty hath filld the world with such Serenity Don Pedro Andrea being sent Ambassador to a Prince whom he had offended so far that he threatned to have his head cut off He answerd Sir my dead head will do you more mischief then now that t is living Francisco Marco being sent from Genoa to Galeazzo Duke of Milan but being delayed audience and St. Iohn Baptists day being come who was Protector of Milan he presented the Duke with a Golden Vessel full of Basilique Being askd the reason he sent word that the Genouois have the property of the Herb Basilique which if one handle gently it will yeeld a sweet smell but if it be rubbd and trod upon it it will engender Serpents And this witty passage conducd much towards the ending of the differences which were then a foot The Samnits being pressd hard by the Romans they sent Ambassadors to capitulat who said Noble Romans you are grown too strong for us therfore if you propose moderat terms we will observe them eternally if otherwise we will observe them no longer then till we have opportunity to break them That Ambassador wanted no wit who being in a Pagan Country and standing in the way where the great Idol whom all were to worship which passd by he let fall his Ring and as he bowd to take it up t was thought he adord the Idol The Ambassadors of Portugal and Poland being at Sigismund the Emperours Court and ther being always competition between them for Precedence of Session they met casually at a place where the Portugais having come before he was got into the upper Chair The Pole rising up and making a step forward in a posture as if he wold speak with him and the Portugais coming towards him he whippd behind him into the upper Chair and so kept it We will conclude this Paragraph with the two Ambassadors of Perugia sent to Rome wherof the one was witty but the other not so wise Being admitted to the Pope who was then very sick a bed one of made them a long tedious Speech wherof the Pope had shewn signes of distast Therupon the second said Most Holy Father our Commission implies that if your Beatitude will not suddenly dispatch us with satisfaction my Collegue shold recommence his Speech and pronounce it again more lesurely The Pope was so taken with this that he gave order they shold be presently dispatchd The tenth and last Paragraph Of the extraordinary Prudence and Reservedness the Stoutness and Gallantry of divers English Ambassadors c. WE will begin with that Grandee of his time Cardinal Wolsey who went over to France upon an Extraordinary Embassy and he had to attend him though not in joynt commission Cutbert Tunstal Bishop of London the Lord Sands late Chamberlain to the King the Earl of Derby Sir Thomas Moore Sir Henry Guilford with other Knights and Gentlemen of great rank to the number of a thousand two hundred horse for after a short transfretation from Dover he had so many in his train when he went out of Calice The French King Francis 1. in