kinred Nemo debet his puniri pro uno delicto No man is to be punishd twice for one offence Nemo potest plus juris in alium conferre quà m Ipse habet No man can transfer a greater power to any other then he hath himself Nemo tenetur prodere seipsum No man is bound to betray himself Omnia quae movent ad mortem sunt Deo danda All things which cause death are forfeit to God Qui non habet in aere luat in corpore Where the purse cannot let the body suffer Qui peccat ebrius luat sobrius Who offends when he is drunk let him be punishd when he is sober Qui sentit commodum sentire debet onus Who receive the benefit ought to feel the burden Quod semel meum est ampliùs meum non est That which was mine is none of mine Stat praesumptio donec probetur in contrarium A presumption stands till the contrary be provd Ubi non est principal is ibi non potest esse accessarius Where ther 's no principal ther can be no Accessary Unumquodque dissolvitur eo ligamine quo ligatur Evry thing is untyed as it is bound Par in parem non habet Imperium Equals cannot command one another Nemo dat quod non habet No man can give that which he hath not And this doth hold also in Heraldry therfore the Knighthoods with other Honors that Cromwel was so free to confer are void in Law because he was never Knight himself By these few Principles with multitudes more it appeers that the Common Law hath much affinity with the Civil wherof ther are as learned Professors in England as any where els Whence it may be inferrd that the King of Great Britain is supplied with more helps for the administration of Justice then any Nation in the world besides For in regard that England is an Iland having such a great Trade at Sea and so great dealing with divers other Nations Having also besides Land-matters both Temporal Ecclesiastical and Maritime which are not so proper for the Common Law He allows of the Civil Law answerable to the quality of the Case which hath bin practised in England beyond the memory of man or the reach of any Record And though ther happen oft some Emulations and high Contests betwixt these two Professions yet such hath bin the prudence of the Souvrain Prince to keep them both in as equal a Balance as could be and not to suffer the one to insult or encroach upon the other but to have the same freedom of study and practice to the universal good of Forreners as well as of his own Subjects And so much concerning the National Law and Prudential Constitutions of England The Tenth and last Paragraph Touching the greatness of Power of Military Might and Puissance by Land and Sea as well Defensive as Offensive c. of the King of Great Britain THe Duke of Rohan in his Book calld Les Interests des Princes The Interests of Princes saith that England is like a great Animal that cannot die unless he kill himself He acknowledgeth Her also to be Latroiseâ—…e Puissance the third Power of Christendom But by the Arguments that shall be producd in this Paragraph I believe it will appeer to any discerning and unbiassd Reader that England taking her Kingdoms annexd along with her strength at Sea as well as shore will be inferior to none Ther was a Comparison made long since That Gallia Hispania sunt quasi lances in Europae libra Anglia est lingula sive libripendens That France and Spain were as the Scales of the great Balance of Europe and that England was the Toung or Beam of the Balance which keeps it in aequilibrio in an even counterpoise that neither side shold be trabâ—…ccant This hath bin often verified specially in the Raign of Henry the eighth whose Motto was Cui adhaereo praeest He to whom I adhere prevails He wold somtimes make Francis the first to weigh down somtimes Charles the fifth And touching the former He acknowledgd King Henry under God to be the chiefest Deliverer of Him and his Children from his captivity in Spain And so likewise did Pope Clement when he was freed from the Castle of St. Angelo where Charles the Emperour had coopd him up Therfore was Henry of England calld Liberator Orbis by the whole Confistory at Rome as he was before Protector of the great Clementine League And indeed the Arbiter of all Christendom in his time Touching the Martial Might of the King of Great Britain we will first examine that of England which we must distinguish into Intrinsecal or Terrene And into Extrinsecal or Maritime Concerning the first ther are five Counties alone can put into the Field fourty thousand men all armd for so many are listed in the Muster-makers Book as Traind-Band-men viz. the County of York 12000 Kent 8000 Norfolk 〈◊〉 and Devonshire above 6000 apiece And the rest of the Counties whereof ther are fourty seven may have twice as many at least which come to a hundred and twenty thousand Soldiers eâ—…olld and ready upon all occasions either for general service or privat in the Counties where they are for assisting the Sheriff and other Officers in the execution of the Law in case of any resistance therfore are they calld Posse Comitatuâ—… The power of the County So that in time of peace England alone hath an hundred and twenty thousand Soldiers enrolld besides those in Ireland and Scotland And in time of War the late bloudy Rebellion bleeding yet in the purses and estates of many thousand poor Cavaliers hath sufficiently tryed the strength and wealth of England For ther was a computation made at one time of those that were in actual Arms for King and Parlement and they came to neer upon two hundred thousand fighting men under Commission wherof ther were about fifty thousand Horse and Dragoons And I do not remember to have read that in the time of the famous Ligue in France ther were so many take in strangers and all Hence we see that the King of Great Britain may be said to have a constant standing Army in time of peace of which he hath the sole disposing For the Sword is his as much as the Scepter and the Crown which are inalienable from his power and incommunicable to any other but by his Royal Commissions And indeed t is the Sword that makes all Kings powerful The Crown and the Scepter are but impotent and poor unweildy things they are but naked Indefensible badges without it Ther 's none so filly as to think ther 's meant hereby an ordinary single sword such as evry one carrieth by his side Or some Imaginary thing or Chymera of a sword No t is the publik Polemical Sword of the whole Nation It may be calld an Aggregative or compound Sword made up of all the Ammunition the Artillery Pikes Muskets Helmets Headpeeces with all kind of armes
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
up to the English Battail where the young Prince was The fight grew hot and doubtful insomuch that the Commanders sent to the King to come up with more power The King asking the Messengers Whether his Son was hurt or slain and being answerd No he replies Then tell them who sent you that so long as my Son is alive they send no more to me for my Will is that he have the honor of the day So the Fight on both sides growing very furious the French King having his Horse kill'd under him withdrew which being known by the English it added so to their courage that they soon after won the Field This was the first considerable Battail the English had of the French which was so sanguinary that ther were none made Prisoners but all put to the Sword and the number of the slain French surmounted the whole Army of the English for the number of the slain were about 30000. the chief whereof was Alenson the Kings Brother the Dukes of Bourbon and Lorain the Earl of Flanders the Dauphin de Viennois Son to Imbert who after gave Dauphine to the King of France provided his First Son shold still be calld the Dauphin which hath continued ever since This signal Victory was seconded the same yeer about six weeks after with another the Queen of England got against the Scots then confederat with the French where David the Scots King was taken Prisoner but this is reserv'd for another place because for a more methodical order we will hasten to the second great Victory in France the Battail of Poitiers The Battail of Poitiers The Black Prince being taperd up now to a good growth was sent by advice of Parlement to Gascony whence the Truce being expird he oreran and ravagd all the Country as far as Tourayne Iohn the French King raiseth a potent Army more numerous then that at Cressy and going to find out the Prince of Wales found him about Poitiers having not much above 10000 effect if men in his Army wheras the French had six times as many whereupon being advisd to make for Bourdeaux he was prevented by the French Army on all sides so a Battail being intended two Cardinals came from the Pope to mediat a Peace but the French King wold hearken to none unless that he wold as a Vanquish'd Man send him four Hostages and give up himself and his Army to discretion The Prince answerd That he was willing to restore what places he had taken of His in good War but without prejudice to his Honor wherof he was accountable to the King his Father c. Iohn not hearkning to this but being resolvd to fight the Prince also resolvd to part with his Life upon as high a rate as he could being reducd to this streight therfore he providently makes use of the Position of ground and finding that the main Army of the French consisted in Horse he entrenchd among the Vineyards where when the French Cavalry entred being wrapd and encomberd among the Vines the English Archers did so ply and gall them that being therby disorderd and put to rout the whole Army was soon totally defeated But it seems this Battail was not so fierce as that of Cressy where no quarter was given for in this Prisoners were made among whom was King Iohn himself whom the Prince brought to England and as the French Historians themselfs confess he was so civil to him all the while that he knew not whether he was a Free King or a Captif Besides Lords ther were slain 2000 of the French Nobless as Froissard hath it in this Battail and as at Cressy more French slain then the whole English Army was in number We will now to Agencourt Agencourt Battail Henry the Fifth that Man of men and mirror of Princes being come to the Crown he did cast his Eyes presently towards France for claiming of his Title In order wherunto he alterd in his Arms the bearing of Semy de Luces and quarters the three full Flower de Luces as the King of France himself did bear them He sends the Duke of Exceter with the Archbishop of Dublin and sundry other Noblemen in a magnificent Ambassy attended by 500 Horse to Paris to demand the Crown but receiving no satisfactory answer but rather a kind of jeer the Dauphin sending him a Sack full of Racket-court-Balls to pass away his time He replyed That for evry one of those Balls he had so many fiery Bullets to shoot at the proudest Turrets in France as he shold shortly find And he was as good as his word for he presently got over and encountring the French Army at Agencourt he gave it an utter overthrow and took more prisoners then his own Army had Soldiers which was upon a Sunday-morning about Ten of the Clock whereof having sent notice to England before and that extraordinary Masses shold be sung then in all Churches he stood upon the defensive part till that hour but then making a Speech of encouragement to his Army and among other strains telling how all England was praying for them at that time he carried away a compleat Victory he himself leading the main Battail with the Duke of Glocester his Brother c. But besides the foresaid Piety ther was Policy also usd for the King to prevent the fury of the French Cavalry appointed divers Stakes studded with Iron at both ends of six foot long to be pitch'd behind the Archers and ordred that Pioners shold attend to remove them as they shold be directed which invention conduc'd much to the success of the Action The King himself charg'd the Duke of Alenson and beat him off his Horse who therupon was slain so ther was a compleat and glorious Victory obtain'd We come now to the Battail of Spurs so calld because the French-men trusted more to their Spurs in fleeing away then to their Swords and Lances It was before Terwin in Hen. 8. Raign when Maximilian the Emperour servd under his Banner and receavd pay Ther came 8000 French Horse to relieve the place and a hot Dispute happend but they were all routed and put shamefully to flight so the Town was taken by the English Ther were a world of other Warlike Encounters and Skirmiges twixt the English and French whereof the stories are full and t is observd that the English at most were but half in number to the French in all Engagements insomuch that by pure prowess and point of the Sword they possessd two parts in three of that great Kingdome We read that when the English were at the height of their power in France the Pope came then to keep his Court at Avignon and ther was a common saying among the Peeple which since is grown to be a kind of Proverb Ores le Pape est devenu Francois Iesus Christ est devenu Anglois The Pope is turnd French-man and Jesus Christ is become an English-man which was spoken in regard we had such prodigious
meum apponerem consuetum Testes qui fuerunt praesentes ad ista unà mecum sunt Dom. frater Martinus Lupi Magister Militiae Domus de Alcantara Ordinis Cistern Rogerus Dom. de la Wara Gomeicus dicti Dom. Regis Magister Paulus Gabrielis Civis Ispalensis Iohannes Guttern Decanus Ecclesiae Segobien Magister Robertus Fregand Notarius Cancellarius Domini Principis Aquitaniae Walliae supradicti Then the Great Seal of Castile and Leon was affixd By vertue of this Charter legally made to King Edward and the Prince his Son and to their Heirs and Successors Kings and Princes of England for ever it is therby granted that whensoever it shold please them to be in person in the Wars with any King of Castile against the King of Granada or any other Enemy of the Christian Faith They shold have the First place in the Vangard above all other Princes of Christendom and although neither of them were present yet ther shold be always provided by the Kings of Castile and their Successors a Standard of the Arms of England to be born in the same place This Instrument was made after that the Black Prince had done the Work and restord Don Pedro to his Kingdom therfore he passd it as a Monument of eternal Gratitude unto him But before the Prince uudertook the business ther was also a Bond from the King to pay so much money for defraying the Princes Army and in consideration also of this undertaking it was legally agreed that the Prince shold have the Castle of Vermeo de la Quet Bilbo Biscay and the Castle of Ordials A tenir perpetuellement à li ses Heirs Successeurs pour doner là où luy plerrà to be held perpetually by Him and his Heirs and Successors and to give to whom he pleasd All which was ratified under the Great Seal of Castile and confirmd by Oath upon the holy Sacrament in the great Church of Burgos The Original of which Instrument remains yet in Thes. Regio apud Westm. We will pass over the Exploits done in Armorica or Little Britany and cross over to a tougher Peeple the Scot who though Conterranean and our neer Neighbours yet they did always confederat with the French against England and England still boar up single and victoriously against both of them For when Scotland was at the highest pitch of power when she had active and boysterous Kings to her Generals and the French for her Coadjutors and Auxiliaries as also the Danes in Ages past yet the English carried away many fair Victories with divers of their Kings Prisoners As will appear by a short Survay we shall take of such Battails and Warlike Encounters which intervend from time to time twixt the two Nations We will begin with that famous Battail twixt King Athelstan and them when they had a great Army of Danes joynd with them and being twice in number more then the English yet King Athelstan obtaind a signal Victory both by Prowess and Policy for the two Armies being ready to joyn the English made semblance to flee away leaving their Bagage behind which as the Scot and Dane were a sharing the English did suddenly wheele about by the advantage of a Woody Hill and finding them in disarray and laden with Booty they rushd upon them with such a Resolution that above 40 thousand of them and as Buchanan their chief Chronologer hath it the flower of their Nobility perishd there at that time The first Fire-ball of War which was thrown twixt both the Nations since the Norman Invasion was in William Rufus his Raign when the Scot having made divers Incursions into the English Borders Moubray Earl of Northumberland was sent against them who incountring their King Malcolm with his eldest Son in the Field they were both slain and the whole Army overthrown In King Stephens days Thurston then Archbishop of York was sent with an Army against the Scot who meeting the King himself in the head of his Forces utterly routed him with the death of above 10000 of his Men. Henry the second employd only the Knights of Yorkshire as Humphry-vile Scuttvil and Vescy to make head against the Scot which they did with such Valour and Success that they took the King in the Field and as a Trophy of their good Service and Victory they presented him Prisoner to the King at Northampton whence he carried him along to attend him in his French VVars William the Scots King attended Richard the Lion-hearted at his second Coronation when he returned from the Holy Land and carried the Sword before him bare-headed Edward the first calld in story and as his Tomb in Westminster tells us Scotorum Malleus the Hammer of the Scots summond King Baliol to Newcastle to swear Fealty unto him but fleeing afterwards to the French King at his return King Edward summons him again to Berwick where he re-submitted himself with all his Nobles in open Parlement which King Edward held there and for Caution brought Baliol along with him leaving the Earl of Surrey Warden of Scotland Then started up a notable Blade one Wallis who notwithstanding that King Baliol was Prisoner in England gatherd such a strength that causd King Edward to go again in person and at Fonkirk Battail killd outright 200 of their Nobles and Gentry with about forty thousand Common soldiers Then he summons a Parlement at Edinburgh where all the Scots Nobles swore Fealty to him and then he carried away thence their Great Charter calld the Ragman-Roll the Black-Cross and the Stone wherein they believe the Fate of Scotland is fixd Then ther was a third Provocation offer'd for le Bruce was crownd King of Scotland wherupon the Earl of Pembrook was sent against him who utterly defeated him at Iohnston yet all was not quiet but King Edward was forcd to make a fourth expedition thither in person when he constraind le Bruce to flee away to Norway where he blew on his Nayls while King Edward liv'd But Bruce being come back and Usurping during Edward the seconds time who we read was so infirm and infortunat a King his Father Edward the third restord Baliol by force of Arms and made him swear Fealty to England again But some yeers after King Edward being deeply engagd in the French Wars David the next Scots King rush'd into England with about sixty thousand men being confederat with the French King to divert the War there But Queen Philippa with the Archbishop of York and the Lords and Knights of the North encounterd this huge Army and utterly defeated it one Copland taking the Scots King Prisoner whom he he reservd for a present to give King Edward when he came from France and to keep company with Iohn the French King who also was taken Prisoner by the Black Prince And there were but six weeks difference of time twixt both Victories In Richard the seconds Raign the French King sent his High Admiral with a thousand
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
of Peace As I was writing this me thought I had whisperd in my ear that the French King hath one kind of Power that transcends any of the King of Great Britains which is that he may impose what Taxes he please upon the peeple by his Edicts alone T is tru he can and he may thank the English for that power for when they had coopd him up in a corner of France in Berry the Victorious English being Masters of the rest That Power which before was in the Assembly of the three Estates of laying Impositions was invested in the King himself pro tempore during the Wars because the three Estates could not assemble But this Power makes him a King of Slaves rather then of Free Subjects and if they may be calld Subjects they are Subjects of an Asinin condition which cannot have any tru manly courage in them or a competency of wealth to bear it up which is the cause that though France be a rich and self-sufficient Country yet some think ther are more Beggers in Her then in all Christendome besides Now it is a Principle in the Civil Law That Dominum habere nobiliorem confert ad dignitatem Vassalorum nobiliorum habere populum confert ad nobilitatem Principis To have the nobler Lord conduceth to the dignity of the Vassal and to have the nobler Peeple conduceth to the dignity of the Prince By this Axiome the King of Great Britain is the more Noble because he is Lord of a free-born wealthy peeple and not of Slaves and Beggers Yet it cannot be denied but that it is one of the greatest advantages of power and repute for a King to be Rich provided he come not to be so by grinding the faces of his Subjects The Republik of Venice and the Seat of Genoa carry that high esteem in the world because the one hath the Tresury of Saint Mark and the other the Bank of St. George The Duke of Florence is stild the Grand Duke more then other Dukes who have larger Territories because he hath always a rich Tresury Therfore I will draw towards a conclusion of this Paragraph with this most humble Intimation to the great Council of England now Prorogued that at their Re-access they wold please to consider that wheras the fame of being Rich and to have the Coffers of his Crown well ballasted conduceth so much to the Repute of a King and so by Reflexions upon the whole Nation As also to make Him redoubtable both abroad and at home And wheras the contrary fame exposeth him to contempt Insultings and Pasquils as some frisking French Wits have bin lately too busie and bold that way and likewise our Neighbour Hans who daily offers us such insolencies which makes me think of an Italian Proverb which though homely yet it comes home to this purpose Cavagliero ò Principe senza quatrini è come un muro senza croce da tutti scompisciato A Cavalier or Prince without money is like a Wall without a Cross for evry one to draw upon Therfore I am bold to reiterat the foresaid humble Intimation I will not presume to say Advice though it may be well calld so to the Honorable House of Commons when They reassemble That in their great Wisedoms they wold have a sense of the present condition in this particular of their King so miraculously restord unto Us by a pure Act of the Omnipotent And that wheras the Two Neighbouring Kings have of late yeers enhancd their Revenues and Incomes far higher then they were formerly They wold be pleasd to think it not only agreeable to the Rules of tru Policie but most necessary for the Honor and safety of the whole Nation to make the Monarck of Great Britain to correspond and bear up in a hansome proportion this way with either of Them as He doth in all other things besides A Corollary to what hath bin said in this first Section IN the preceding Paragraphs it appeers by luculent and cleer proofs how the King of Great Britain Had to his Predecessor the first Christian King that ever was upon earth He had to his Predecessor the first Christian Emperour and Empress He had to his Predecessor the first Christian Worthy and the first Erector of Military Knighthood He had to his Predecessors some of the most victorious Kings that ever were His Predecessors were the first who freed themselfs from the Roman Yoke both in Temporals at first and in Spirituals afterwards It hath appeerd how He is Sovrain of the Noblest Order of Knighthood that any King hath It hath appeerd that his Ambassadors had the Precedence given Them in divers General Councils It hath appeerd how the King of Great Britain hath as Free-born and valiant Subjects as any other It hath appeerd that He hath the most plentiful and hospitable Court of any other King That He hath as independent Authority as any other King It hath appeerd that He hath the stoutest Men of War The Noblest Haven The Inaccessiblest Coasts with the greatest Command and Power at Sea of any other Which makes the English Merchants to be so highly respected abroad above other Nations having more Privileges at the entrance of the Baltik in the Sound as also in Hamborough and Holland where they have Houses like Palaces provided for them gratis and free from Excise In Ligorne in Constantinople and the gran Mosco they are more esteemd then any other Merchants And t is well known how his Subjects the Scots have the privilege of Preemption in the Vintage at Bourdeaux with divers other Immunities in France above other Nations Wherfore if any King may be calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 t is the King of Great Britain to whom that famous Verse of the Father of Poets may be applyed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Scepter is given Thee to be Honord by all To these particulars we will subjoyn the Reasons that Sir Henry Nevill with the rest of the English Ambassadors sent by Queen Elizabeth in a joynt Legantine Commission to Bullen in France to negotiat with Don Balthasar de Zuniga and others sent Ambassadors from Philip the second of Spain and the Archduke Albertus I say we will insert here the Reasons which the English Ambassadors gave then for prerogative and right of Antecedence in the contest that happend then with those of Spain by a Remonstrance which they sent the said Ambassadors in these words as t is extracted out of the Record it self Illustres Magnifici Domini Perlegimus scriptum quod Illustres Magnificae personae vestrae ad nos heri miserunt Illa capita quae substitutionis potestatem sigilli vigorem attingunt statuimus non ulteriùs prosequi confidentes de sinceritate serenissimi Domini Archiducis acquiescentes integritate Illustrium Magnificarum vestrarum personarum quae nobis pollicentur bonam fidem in hoc quod agitur negotio summo cum candore humanitate conjunctum Clausulam vero
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