whatsoever He did being done by fear duresse and compulsion was of no better force then a Covenant extorted by violence or made in prison by a private man which when he is at liberty he is not bound by Law to perform if it tend to his damage To this t is answerd That the case is far different twixt Souverain Princes and privat men for between the one ther fall out but Processes and Suits in law if they disagree or not perform what is a greed upon But between Princes bloud and Wars fire and Sword death and destruction somtimes of whole Countries and millions of human soules do Ensue Therfore when a King by the propitiousness of Heven and his own prowess by the hazard of his life loss of his peeple with infinit pains and expence of Tresure hath gaind a Victory by the justness of his Cause and Divine decree or reduâ—…d his Enemy to a streight All the Civilians concur in one unanimous opinion that he may make the best advantage he can of his good successes and reduce his Enemy to what terms he please And the Articles which shall then be capitulated consented and sworn unto are to be exactly performd otherwise there wold be no end of any War Now rhe French Chroniclers themselfs acknowledg that Henry the 5. might at that conjuncture of time and fortune have destroyed the whole Realm of France and taken the King prisoner or driven him quite out But he was so far from doing so that he sufferd him to enjoy the Kingdom while he livd and by taking his daughter to wife made her Issue therby capable not only of the French but also of the English Crown with all the Dominions thereunto annexed Whence some Authors observ that the English have bin usd in all Treaties and Stipulations to be over-reasonable merciful plain and downright But the French crafty double minded inhumane high and subdolous upon all advantages Insomuch that t is a question which was sharper the English blade or the French brain I will conclude this digressive discours with another argument of the French viz. That Charles the sixth could not legally disinherit his eldest son being Heiâ—… apparent to the Crown of France To this may be answerd that neither Charles the sixth was rightful King nor consequently his son heir apparent for since Edward the third of England all the French Kings were but Usurpers they were Kings de facto not de jure Moreover ther are many Examples how the eldest sons of the Kings of France have bin disinherited We read that Robert made his second son Henry King of France by disinheriting Robert his eldest who for compensation was made Duke of Burgundy Lewis le Gros with the consent of all the Peers and Estats of France made also Lewis his second son King and gave Robert his eldest the Earldom of Dreux Dagobert made Clouis his second son King of France by putting by Sigisbert his eldest son I have bin somwhat long in discours of this great Transaction twixt England and France because the chief aim of this Work being at Precedence the discerning Reader may regulat his judgment accordingly We will now go on to conclude this Paragraph the main scope wherof being Antiquity and continuance of Royal Bloud The Genealogical Tree of the Kings of this Iland as all other Countries hath had various Stems the first were Britains now calld Welsh who may contend for Antiquity and may be said to be coetaneous with the Iland it self yea before it was an Iland for ther want not some who hold that it was at first a continent or a peninsula tied to Gallia by an Isthmos or neck of land stretching from Dover to Bullen for the Rocks on both coasts being of a colour and shape look as if they were slented one out of the other Before the Romans took footing here which was neer upon 200 yeers before they could do it peaceably the Britains did still so bear up against them wheras Gallia or France was fully conquerd in less then 10 yeers I say before the Roman Eagle fixd his talons here ther had bin 65 Kings of the British Bloud But then that Race being interrupted by the Romans for above 400 yeers the Iland being freed of Them some of the old British Bloud came to be Kings again among whom some were very famous as 〈◊〉 and Arthur his son the chief Christian Worthy who was the first Founder of Warlike honour conferrd upon his Knights of the Round Table And this Race of the old British Kings lasted till the raign of Cadwallader Anno 689 yet ther were Welsh Princes that swayd still as among other Howel Dha the Great Legislator and stood stoutly for their Liberty until the raign of Edw. 1. in whose raign Leolâ—… the last Prince of the British Bloud being slain in battel his head was brought to King Edward who commanded it to be crownd with Iâ—…ie confessing that he had met with more valour in the Welsh then the Scots for he had fierce Wars with both But Cadwallader being dead the British Race was interrupted again till Owea Tewdors time who descended from Cadwallader as shall be shewd by a Gâ—…rman peeple inhabiting the lower Circuit of Saxony and so calld Saxons by the Welsh and Irish to this day They had a 〈◊〉 a long time but Egbert by conquest reduâ—…d them to a Monarchy and he was the first who calld himself King of England Then that English Race alâ—…o of Kings had two short Interruptions one by the Danes wherof ther raigned here three Kings but all their raigns extended not to â—…5 yeers Then by William of Normandy and that Interruption â—…asted about 40 yeers till Henry the first married the lady Matilda daughter to Malcolme King of Scotland by the Lady Margaret sister to Edgar Athelâ—…g wherby the English Bloud Royal was restord Then by a marvellous providence the British Royal Bloud after about 800 yeers Interruption was restoâ—…d by Owen Tewdor who married the Queen Dowager Katherine and so was Granfather to Hen. 7. which Tewdor by an exact 〈◊〉 that was made by the British Bards and confirmed by the English Heralds came lineally from the foresaid King Cadwallader and Leolin so ther were three Kings viz. Hen. 7. Hen. 8. Edw. 6. with two Queens viz. Mary and Elizabeth all Tewdors Then came in the Royal Race of Scotland by the Lady Margaret Tewdor eldest daughter to Hen. 7. and first branch of the two Roses Now by a due computation made of the premises it will be found that take British or English the source and series of the Bloud Royal of England is above a thousand yeers since And if from Cadwallader you go to the British Kings before the Romans interrupted the Royal succession therof it will be neer upon 3000 yeers which no kingdom â—…ls can say Moreover the Bloud Royal of Scotland some hundreds of yeers before was incorporated in the British for the mother of the first
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.
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
prolifical when they are past fifty years And for the Men it wold be Registred for a Miracle in Spain or France to finde ten men of a thousand years one with another as were found in Hereford about 60 years since within two miles compass of the town who were so vigorous strong and spriteful that they danced the Morice-dance in the Market-place for many hours with a Maid-Mariam of a hundred and three and a Tabourer of a hundred and five years old From the Fertility and Generousness of the Earth may proceed also the extraordinary Courage and Hardiness of the Peeple which hath been so well known and felt in other Countries beyond the Seas as the Examples in the former Paragraph do prove at so many signal and difficult famous Battails where the English Army was never half so numerous in any they got no not somtimes the third or fourth part in number to the Enemy and such an esteem they had in France that as their own stories relate when the Duke of Britany or Armorica was to encounter the French Army in a Battail he thought it a Policy to clothe a whole Brigade of his Soldiers after the English mode to make them appeer the more formidable to the French Nor doth that Primitive innate Courage languish a whit or decline in them as some think the World doth as we find it hath done in other Nations as the Iew and Greek with others but it continueth still at the same height as it appeerd in the year Eighty eight by Sea as was said before and in several Exploits in the Low-Country Wars as Newport the Retreat before Gaunt c. by Land Likewise by fresher Examples in the late Civil Wars twixt King and Parlement and since wherin the Power Strength and Wealth of England was never more discovered For the late usurper having such a Command over the Peeples purse and never wanting money made Spain and France strive who shold be his Confederat as also the Hollander the Swed and others I say in those times the ancient stoutness of the English appeerd in many Traverses of War as at Dunbar in Scotland and by Sea against the Hollander who were beaten and batterd into a Peace What a hazardous peece of service was performed when we invaded Barbary at Tunis but especially that desperat Exploit Blague did at the Canaries The French King confest that the Brigade of English before Dunkirk commanded by a little bold Britain though not the fifth part of the Army did contribut most to the late taking of that strong Praedatory Town And the King of Portugal acknowledgd that in this years great Defeat 1663. he gave Don Iohn of Austria neer Ebora that Brigade of English who servd there though not much considerable in number did perform the toughest part of the service and first shewd them the way of using the Rests of the Musquet to knock down the Enemy which made the French-men cry out Faisons comme les Anglois Let 's do as the English The Sixth Paragraph Touching the Ancient and Long-lind Extraction Decendency and Bloud-Royal of the Kings of Great Britain c. THe Races of Kings may be said to be like great Rivers that stream out into divers large Channels and Arms which become great Rivers of themselfs afterward Or like huge Trees which use to stretch their Branches beyond the Ocean where being inoculated and graffd they make divers other Royal Trees to sprout out of them in Forren Soyls Ther were divers Royal Ingraftings of this kind that Great Britain had with the chiefest Potentats and some of them Imperial The first was before the English took footing here between the Emperour Constantius and Helene a Britain born and Mother to Constantine the Great the first Christian Emperour for this Iland was held in such high esteem by the Roman Emperours when they had almost all the world besides that divers of them kept their Courts here among whom Severus and Constantius died at York which City may deservedly vaunt of two things viz. that two Roman Emperours were buried and a third born in her viz. Constantin the Great After the Saxons came this Iland also continued in such a repute that Ethelwolph Son to King Egbert Anno 830. married the Lady Iudith calld the Fair for her extraordinary Bewty and Daughter to the Emperour Charles le Chauue Granchilde to Charlemain The Emperour Otho the Great married the Sister of King Athelstan whose friendship was so much sought by all his Neighbouring Kings that they wooed for it by rich Presents which made the King of France send him the sword of Constantin the Great in the Hilt wherof ther was one of the Nails that fastned Christ to the Cross He sent him also the Spear of Charlemain The King of Norway sent him a curious Ship with a Gilt Stem Purple Sayls and the Deck garnishd all with Gold The Emperour Otho his Brother-in-law sent him a Vessel of precious stones artificially made wherein were Landskips with Vines Corn and Reapers so much to the Life that they seemd to move and act c. Ther have been eight Nuptial Conjunctions twixt Great Britain and France besides the Scots alliance with that Country The first was about the yeer 900. twixt Charles the first of France and the Lady Ogine Daughter to Edward Son to King Alfred that admired Saxon King who is so famous in story for divers signal things for He cleerd the whole Kingdome of the Danes who had so much infested and harassd it He Founded the University of Oxford Anno 895. He was the first who divided England into Shires Hundreds and Weapontakes He divided the Natural Day also into three parts eight hours for Recreation and matters concerning his Health as sleep c. eight hours for Meditation and exercise of Piety and eight hours in Council and the publick Affairs of his Kingdome He Founded also Shaftsbury-Abby Winchester-Church and Eldinsey-Monastery The second Marriage with France was twixt Hen. 3. of England and the Lady Margaret Daughter to Lewis the seventh of France The third was between Edward the first that great Hero of his time and the Lady Margaret Daughter to Philip the Hardy of France The fourth twixt Edward the second and the Lady Isabel eldest Daughter to Philip le Bell King of France Mother to Edward the third of England who by right of her claimd and carried afterwards the Crown of France The fifth was twixt King Richard the second and the Lady Elizabeth Daughter to Charles the sixth of France but she was but his second Wife for his first was the Lady Anne Daughter to the Emperour Charles the Fourth The sixth was between Henry the fifth of England and the Lady Katharine another Daughter to Charles the sixth of France The seventh was twixt Lewis the twelfth of France and the Lady Mary second Daughter to King Henry the seventh of England The eighth and last Inoculation twixt the Rose and the Flower
among Christians but of any other Nation upon earth As also the first King who gave Royal Arms His Coat being Azure nine Crowns Or marshalld 3. 3. 2. and 1. Afterwards the Saxon Kings gave Arms And Edward the Confessors Coat was Azure a Cross patence between four Martelets Or. And as King Arthurs Round Table which is yet to be seen at Winchester had seats for twenty six Knights so it seems King Edward proportiond his number Now the occasion of it was That he having resolvd upon a War with France for attaining that Crown which was due unto him by his Mothers side He conceavd it advantageous to invite and engage to his party such as were of a Martial spirit And to that end erected a round Table at Windsore in imitation of King Arthur where they were entertaind with Tilts and Tournements magnificent Feasts and other Princely ways to unite and encourage them Philip de Valois who was in possession of the Crown of France went about to countermine him by erecting also the like Table in his Court and so drew many gallant and adventurous spirits that way and some out of England so that King Edward not finding this designe answerable to his mind he fell on another such as might prove more adherent and binding unto Him to which end he establishd this high Order of Chivalry consisting of twenty six persons of eminent note wherof He Himself and his Successors Kings of England were to be perpetual Souverains All of them were to be men of Heroick parts and such as shold be obligd by Oath and Honour to adhere unto Him upon all occasions which might be the probablest cause that he made the Garter for a Badg therof to be fastned about the left leg with a Buckle of Gold to be continually worn therfore are They stild Equites Periscelidis as was touchd before which hath its Etymologie from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Crura ambiens girding about the knee which alâ—…udes that those Knights shold be bound in one League and Confederation of love and affection severally one unto another and all of them in joynt service to the Souverain Some ther are who are of opinion that the Garter was given because that in a Battle where King Edward provd Victorious he had given the word Garter for a Signal Others in a derogatory way wold ground it upon the Countess of Salisburies Garter falling off from her in a dance and so taken up by the King But the Black Book in Winsore which deserves most faith in this point gives the first Reason for it Among other Laws that were enacted in the Chapter when this Order was first raysd one was That evry Knight by solemn Oath upon the Evangelists was sworn to defend the Honor and Quarrels the Rights and Lordship of the Souvrain c. Such a Sacramental Oath the Knights of the Bath also take which is To love their Sovrain above all earthly cretures and for his right and dignity to live and die c. Therfore I have often stood astonishd at the largeness of the consciences of some Knights of both these Orders who besides other astringing Oaths as those of Allegeance Supremacy c. could dispense with them All in the late Rebellion so far as not only not to adhere to their Sovrain Liege-Lord and King when his life was sought for by small and great Shots with other instruments of open hostility and slaughter but to appeer for to serve and stick unto the contrary party all the while Truly under favor I wold be-loth to exchange souls with them We will put a period to this Discours of the ancient Noble Order of St. George with a signal observation of Bodin's Decretum fuit in Collegio Equitum Periscelidis in Anglia ponere stemmata Regis Francorum ante caetera omnia post Principem Ordinis It was decreed in the College of the Knights of the Garter in England to put the Stems of the King of the French before all other except the Prince of the Order And the reason I conceive was that Philip the second whiles King of England was formerly put before But Bodin was herin deceavd for the Emperours Arms wherof ther have bin eight of the Order go before and have the precedence Out of the premises may be deducd this cleer Conclusion as a Meridian Truth that the Common Law of England in all things ayms at the Honour and glory the power and authority the Safeness and incolumity of the Sovrain Prince more then the Laws of any Country And wheras we had some touches before how the Common Law which is peculiar only to England hath the rationability of the Civil Law though not so digested to Method in regard it consists most of Custom Cases and presidents we will conclude this Paragraph with some principles wherin they both agree As Actori incumbit onus probandi The proof lies on the Accuser Nemo oportet esse sapientior legibus No man ought to think himself wiser then the Laws Ubi lex non distinguit ibi non est distinguendum We must not distinguish where the Law doth not Accessorium non ducit sed sequitur suum principale The Accessory doth not lead but follow the principal Volenti non fit injuria No wrong can be done to him who is willing Agentes Consentientes pari poena plectuntur Actor and consenter are to be punished alike Apices Iuris non sunt Iura The punctilios of the Law is no Law Nemo potest esse Iudex in propria causa No man can be Judge in his own cause Caveat Emptor Let the Buyer beware Contraria allegans non est audiendus Who alledgeth contraries is not to be heard Cujus est dare ejus est disponere The Giver may dispose of his gift as he pleaseth Quilibet in Arte sua est credendus Evry one is to be believed in his own Art Potestas derivativa non potest esse major primitiva A Commissioner cannot have greater power then He who gave him the Commission Dies Dominicus non est Iuridicus The Lords day is no day of Law Dormit aliquando Lex moritur nunquam The Law may sleep a while but never die Dilationes in Lege sunt odiosae Delays in Law are odious Facinus quot inquinat aequat All are principals in a crime Generale nihil certi implicat No certitude can be had out of generals Ignorantia non excusat Legem Ignorance of the Law doth not excuse the breach of it Lex non cogit ad impossibilia The Law doth not tie us to impossibilities Lex est summa Ratio The Law is the highest Reason Lex citius tolerat privatum damnum quà m publicum malum The Law tolerats a privat damage rather then a publick Mala Grammatica non vitiat Chartam False Latin doth not destroy a Deed Linea Recta semper praefertur transversali A right Descent is always preferrd before a Collateral in
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
de Luce was that of Charles the first of England with the Lady Henrietta Maria of Bourbon youngest Daughter to Henry the great of France In which Matches England hath had six Daughters of France and France two of England By the fourth Match twixt Ed. 2. and Isabel eldest Daughter to Philip le Bell Edward the third of England being her eldest son was Heir to the Crown of France and demanding his Right therunto he was answered La Couronne de France n'est pas lièe à la quenouille That the Crown of France was not tied to a Distaff wherunto he replyed That he would then tie it to his Sword and he was as good as his word But Henry the fifth some fourscore years after tied it faster for he reducd Charles the sixth to such terms that after his death he shold immediately possess the Crown and Kingdome of France and that in the interim the Dauphin his son afterwards Charles the seventh shold be disinherited That in the interim King Henry shold be Regent of France in regard the present King was sometimes crazd in his Intellectuals That he shold take to Wife the Lady Isabel Daughter to the said Charles All which Capitulations not onely the King but the chiefest Peers and Nobility of France did consent unto and ratifie by solemn Oath obliging themselfs further to uphold and assist Henry of England with his lawful Heirs and Successors against Charles the Dauphin whom his Father had legally disinherited Hereupon Henry the fifth dying in France a Death much too soon and immature for so brave a man his son Hen. 6. was proclaimd King of England and France in Paris In which publick Proclamation t is very observable how England had the precedence and therupon the chiefest of the Officers of the Crown and Nobles swore Fealty and Alleageance unto him divers of which Nobles grew afterwards Apostats and joynd with the Dauphin Against Edward the thirds Right the Salique Law was alledgd which they wold force and pin upon a Text of Scripture Lilia neque nent c. The Lilies neither spin c. But though King Edward had cut the Labels of that Law with a victorious sword yet it was not quite cancelld Nor indeed could it be possibly done for it was but a kind of Chymera a meer imaginary Law and one of the Authentiqust French Historians Du Haillan hath no better opinion of it They who are the greatest Champions of that Law acknowledg that it was at first a particular Topical Law made at Salem a place upon the Rhine but they have stretchd it since to all France As if the Law of Gavelkind which is peculiar to Kent and other distinct places shold be made to extend it self and be in force all England over But some ther are that will not allow any Essence at all to the Salique Law no not to be a Local restraining Law to the foresaid place neer the Rhine Therfore the same answer may be fit to be given un to the Assertors of It as was given by the Venetians to the Pope when ther happening a clash between them touching the Sea about Ancona which they alledgd belongd to the Venetian Gulf wherof they had the Dominion And the Pope demanding what warrant they had for it t was answered by a kinde of Sarcasine If your Holines please to produce the Instrument wherby the Emperour Constantine the Great passd over the City of Rome to your predecessors upon the back of that Grant your Holines will find Saint Marks Charter to the Souverainty of the Adriatique Gulph whence an Intimation was made that neither of the Charters had ever any being which may be justly applied to the Salique Law And besides that du Haillan though a French-man in the first Volume of his History confutes that Law It is confirmd also that ther never was any such Law in France by the testimony of the Duke of Burgundy who when Philippe le long was created King he openly cryed out against his Creation alledging that the Kingdom of France belonged then to Iane daughter unto Hutin King of France formerly but to stop his mouth Philip was forcd to make a Gift unto him of the Dukedom of Burgundy in dower with his eldest daughter But touching the Title of Henry the Fifth which was confirmed by Solemne Agreement and Sacramental Oaths the French found out another Evasion For it was avouchd That the Kingdom of France goeth not by Descent or Inheritance but by Succession which is grounded not upon a Law but upon Custom by vertu wherof the next of the Bloud Royal be He of the furthest degree that may be to the kindred succeedeth not as lawful Heir but as a Successor by Custom not newly invented but of long continuance even from the time of Pharamond But this new-devised Objection is refuted also by the foresaid Du Haillan one of the prime French Historiographers and a French-man born who reckons up a long Catalog of French Kings which did not succeed one another but were chosen one after another Another Objection was also suggested that Charles the sixth who made the foresaid Contract with Henry of England was no better then a Lunatique though he had somtimes Lucida Intervalla Wherunto it is answerd that at the time when that Agreement passd He had a lucid interval and was in his right wits and memory Besides the chiefest Nobility of the Realm were parties in ir and did not only consent but obligd themselfs by Oath to the performance of it Ther was a third Objection which kept a higher noise viz. That the King of France cannot alienate the Demeanes Rights Titles and Interests of the Crown without the consent and suffrage of the Assembly of Three Estates which was not had then because a great part of the Peers Nobles and others were then absent Whereunto t is answerd That in claims which go by plurality of voices it is not always necessary that all shold be present if the greater and better part of them be there specially if after Citation the rest absent themselfs For although the point that concerneth All shold be approvd by All yet as Civilians hold when some or all may approve or disallow the things which concern Them and They will not be present to shew their consent or dislike their Absence shall not prejudice the stipulation of the Contract And in this great business twixt two Kings those who were away were Traytors to Charles the sixth for they were in arms against him by taking part with the Dauphin who was in Rebellion against his Father at that time Therfore their absence could not in any respect prejudice the validity of so solemn a Contract wherupon depended Peace or War The fourth Objection carried more of pusillanimity with it then strength of proof viz. That when the foresaid Contract was made the English had almost over-run all France and that the King was coopd up in a corner of the country Therfore
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