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
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
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
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
community and free use of the Sea challenging no Dominion at all Ther are divers States in Italy that claim a particular command and propriety in some Seas as the Duke of Tuscany challengeth a Dominion of the Tyrrhene Sea the State of Genoa of the Ligustique Venice claims a right to the Adriatic as symbolically to a Husband for she marries him upon Ascention-day evry yeer the Duke going in procession with great solemnity in the Buantoro to that purpose and throwing a Ring into the water and She hath power to do in that part of the Sea which she calls her Gulph as much as she can do in Venice it self in point of laying Impositions and Gabels and to cause what Mercantile ships she please to unlade their Cargazons at the City of Venice it self God and Nature hath much favoured the King of Denmark with the command of a Neck of Sea I mean the Sound for it is the strongest Sinew of his Crown by the Tolls he receaves of those who pass and repass into the Baltik He commands also at large the Norwegian or Hyperborean Sea But among all if we observe his Title the King of Portugal hath a greater Maritime command then all these which Title runs thus Dom Manuel por Graca de Deos Rey c. Senhor de Guinee da Conquista Navigacaon Comercio d' Etiopia Arabia Persia da India à Todos c. Don Emanuel by the Grace of God King c. Lord of Guiney and of the Conquest Navigation and Commerce of Ethiopia Arabia Persia c. These are the Princes who have most command of Sea but they command only the Strands and Ports or Maritime Tract They cannot be said to command the Sea it self as the King of Great Britain doth for he commands no less then four Seas which are circumfluent about his Territories and the Law says The Sea is of the Ligeance of the King as any other thing He is Protector as well as Lord of them He takes both the Dominion and Defence of them also he scowres and secures them from Pyrats and Praedatory Rovers He makes all ships whether Merchants or Men of War Forreners or Subjects to dash their Colours and strike their Topsayls not onely to his Castles but to any of his ships Royal as they pass and repass Which mark of Dominion the Republic of Venice hath not though she also hath her Gallies always in cours to scowre and secure the Gulph from Cursaries and Robbers which is one of the chief Regalia's St. Mark hath though the Sea she thus commands be scarce 30 Leagues in extent for it is but fourscore Italian Miles Nor doth the King of Great Britains Dominion terminat in his own Seas but as most Civilians hold it extends as far as the shoares of his Transmarin Neighbours and as far North as the Artic Circle which Grotius did once acknowledg and publish to the world though another Caprichio came into his head afterwards in the Panegyrike he sent King Iames at his Inauguration when he says Rerum Natura Creatrix Divisit populos metas ipsa notavit Sic juga Pyrenae sic olim Rhenus Aspes Imperii mensura fuit Te flumine nullo Detinuit nulla nimbosi verticis arce Sedtotum complexa Parens hic terminus ipsa Substitit atque uno voluit sub limite claudi Te sibi seposuit supremo in gurgite Nereus Finis hic est qui fine caret Quae meta Britannis Littora sunt aliis Regnique accessio tanti est Quod ventis velisque patet We will put a period to this Paragraph with a Request to the Reader That having well weighed the Power of the King of Great Britain and joyn'd that of the Sea with the Land as also the Reasons of the preceding Paragraph with this to judge whether it be fit that He shold go or come in the Arriere to any King whatsoever We will now to the third Paragraph Touching the Eminence and Royal Dignity the State Grandeur and Titles of the King of Great Britain Corsetus a known and well-accounted Author divides Kings into Illustres and Super-Illustres He gives the King of England the second place among the Super-Illustres and one of the Reasons are that he is an Anointed King whereas the King of Spain and others are not unless the King of Spain may claim it as he entitles himself King of Ierusalem and Sicily for besides the Kings of England and France they two are onely capable of being Anointed The King of England hath a Gift also to cure the Strumatical Disease call'd therefore in England The Kings Evil ab effectu sanationis whereas in French 't is call'd Les Ecrouelles and Los Lamperones in Spanish c. Some have written that the King of England hath a Vertu to cure this Disease as he is King of France but that 's a vulgar Error for King Edward the Confessor was us'd to heal that way which was 300 years before Platina makes the King of England Filium Adoptivum Ecclesiae the Emperour Filium Primogenitum and the French King Filium natu minorem One the Adopted Son the other the First-born the third the Cadet or younger Son Volaterranus is related by Philippus Honorius in a well-known Work of his call'd Praxis Politicae prudentiae anno 1610. that Iulius 2. gave the Precedence to the English Ambassador before him of Spain Hen. 2. was King of Ierusalem and Edward 3. was made Perpetuus Vicarius Imperâ—…i which is no mean Title The Spanish Ambassador never questioned the Precedence of the English Ambassador till in the Council of Basile and touching the Contest twixt them in the Council of Constance ther was at Lovain Anno 1517. a Book entituled Nobilissima disputatio super dignitate magnitudine Regnorum Britannici Gallici habita ab utriusque Oratoribus in Concilio Constantiensi where you see he puts Britains King before the French in the very Frontispice and the chiefest Reasons asserted therein are found in this Discours Hen. 6. employed Thomas Polden Bishop of Chichester with others in quality of Ambassadors to the Council held at Siena to claim his session otherwise he would protest and poursue the Protestation In the Raign of Hen. 6. ther was a Public Instrument put forth by Ericus King of Sweden and Denmark wherein he puts England before France which Instrument â—…uns thus Caveant omninò Mercatores alii quicunque homines subditi Reg. Angliae Franciae ne de caetero sub poena amissionis vitae Bonorum visitare praesumant Terras Islandiae Finmarchiae Halghalandiae seu alias quascunque Terras prohibitas aut Portus illegales in Regnis Daniae Sueciae Norwegiae An authentic Copy of this Instrument was brought by the Danish Ambassador to Breme 1562. and shew'd to the English Delegates there at that time from Queen Elizabeth about the great business of the Hans Towns In the Capitulations of Peace twixt Hen. 7.
the 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
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
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
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
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
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
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
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
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
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
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
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