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
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.
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
choice men at Arms in a Fleet of 60 Sayl of Ships with Arms for 12000 men more into Scotland Therupon an English Army being raisd it struck into Scotland like a Whirlwind and piercing the very heart of the Country advancd as far as Dundee and returnd Victorious Henry the Fifth took Iames the first Prisoner and carried him over to attend him in his French VVars In Hen. 8. time the Scots King although his Brother-in-Law taking his advantage when he was in France battring the Walls of Bullen with the flower of the English Nobility raisd the greatest Army that Scotland could make for invading England therupon King Harry sent a Commission to the Earl of Surrey to raise Forces accordingly The two Armies met at Flodden-field where the Scots King and the Archbishop of Saint Andrews his Brother were slain with twelve Earls 14 Barons and 12000 more Not long after Solmosse Battail was fought where eight Scots Earls were taken Prisoners with 200 Gentlemen and others insomuch that as the story saith ther was never an English soldier but had his couple of Scots Prisoners Four and thirty yeers after the same day both of the month and the week as the Historians observe Musselborough-Battail was fought which because it was the last and one of the most signal and sanguinary great Battails from the Conquest that was fought twixt the English and the Scots I will here particularize but with as much brevity as may be The Duke of Somerset was General of the English the Earl of Warwik his Lieutenant the Lord-Admiral Clinton had 60 ships of War which were to hold cours with the Land-forces the whole Army consisted but of about 13000 Foot 1200 men at Arms 2500 Light-horse 16 Peeces of Ordinance evry Peece having a Gard of Pioners who came to about 1400. From Berwick they entred Scotland and marchd as far as Musselburgh far within the Country they seizd upon three small Castles as they passd and with infinit pains overcame the Natural and Artificial Difficulties of the Ways They understood that the Scots Army far exceeded them in number and ther came Recreuts dayly unto it For the Fire-cross was carried about by the Heralds through all parts which is two Firebrands upon the point of a Spear that all above sixteen and under sixty yeers shold repair to the General Rendevous insomuch that the Scots Historians themselfs do mention that ther were above thirty thousand in the whole Army which was twice the number of the English The Battail was fought with much resolution and cagerness on both sides yet notwithstanding that the Scot was at his own home and that the English were tir'd by a long difficult march they obtaind an absolute Conquest ther were slain of the Scots about 14000 out-right upon the place wherof ther were 3000 Kirk-men as Fryars and Monks Huntley with other great Lords were taken Prisoners 30 Peeces of Ordinance were taken and shippd for England with 30000 Iacks as the Record says and the English plunderd the Country five days march further and did what they wold We will conclude with the late Battail at Dunbar still fresh in memory where ther were not much more then 8000 English and the Scot had them at a great advantage yet the English making a Vertu of Necessity utterly overcame an Army of about 24000 Scots an Army that had been long a moulding and consisted of many of their Nobility and Gentry they lost both Bag and Bagage Artillery and Arms ther were above 3000 slain 10000 taken Prisoners whereof ther were 260 Officers 15000 Arms and 30 Peeces of Ordinance and neer upon 200 of their Colours were brought to hang in Westminster-Hall for Trophies Out of what hath been said this Inference may be made That in all those Traverses and Encounters of War that England had with Scotland which were neer upon an hundred since the Conquest take small and great together the English did always foyl the Scot except in Ed. 2. time as shall be said hereafter In some Battails we may find how they carried away more Captives then they were common soldiers themselfs driving them as it were like sheep before them And observable it is that the greatest Battails were fought in Scotland it self after that the English had been tir'd and dispirited by long marches over uncouth and strange places being ignorant both of the Advenues and Advantages of them Tru it is that in Ed. 2. Raign they won two or three Victories wherof that at Bannocks-Battail was the greatest where Gilbert de Clare Earl of Glocester and about 40 Barons with 700 Knights and English Gentlemen were killd In Hen. 8. Raign they got also a small Victory when Sir Ralph Evers was slain In the time of the Long Fatal Parlement they did likewise many Insolencies and rush'd far into England but those Invasions may be rather termd Invitations by some spurious and unworthy-degenerated English-men who had contrivd their coming in long before whose memories will stink in the Nostrils of all Posterity But the English have taken four of their Kings Captives killd two other in the field carried away their Crown with the chiefest Ensignes of Royalty c. Nor were such high Exploits performed by the Kings of England on Land only but by Sea they have been as glorious Historians say how King Edgar had a Navy of three thousand six hundred ships and bottoms of all sorts which he divided to three Fleets that usd to coast about and scowre the Seas as far as Norway evry year and he in person would go often Admiral himself and be all the Summer abroad Philip the French King not long before the Battail of Cressy to hinder Edward the thirds return into France got a mighty Navy in Equippage of 200 sayl of ships besides Gallies in the Haven of Sluce wherof King Edward being advertised prepared such another Fleet and encounters the French with such resolution and success having the Wind and the Sun for him that he utterly defeated the whole Navy slew about thirty thousand men and so returned with mighty triumphs and the admiration of all Europe Philip the second of Spain having as he conceavd endured divers Affronâ—…s and Injuries from Queen Elizabeth conceald his Discontents a long time until he had provided the Invincible Armada as it was calld wherewith he hoped to have swallowed all England It was three years preparing it consisted of above 150 sayl wherof most of them were Galeons they were mannd by 8000 Mariners they carried 20000 Listed soldiers besides Volunteers they had 1600 Brass Cannons 1000 of Iron and 120000 Granado's with other Fireworks of all sorts This Prodigious Fleet stood the King of Spain in 10 Millions first and last from the time that she set sayl out of Lisbonne as t is found in their Annals she lookd like a Forest at Sea as she steerd along Q Elizabeth had first news hereof from Hen. 4. of France But then how did that Masculine Queen
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
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
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
the first Valour and Fortune may be said to contend which shold entitle him Henry the Great They both strivd for mastery in Him and which shold overcome He was Conqueror in four signal Battails In thirty five hot Skirmiges In above a hundred personal Encounters with the siege of about three hundred several places wherin He provd always Victorious which makes his memory to continue still fresh in France and makes new impressions from Fathers to Sons to render it eternal Ther is scarce any considerable Town but hath his Statue in Brass or Marble and Pictures innumerable insomuch that one said Una Henrici Oblivio erit occasus Humani generis The Oblivion of Henry alone will be the end of Mankind But for a tru Character of him I will insert here that which is engraven on the Cheval de bronze the Brasen Horse on the Pont-Neuf in sight of the Louvre his most Royal Castle in Paris which character runs thus Ie suis Henry grand Honneur de la Terre Astre de Paix Foudre de la Guerre L'Amour de Bons la Crainte de Pervers Dont les Vertus meritoient l'Univers Henry I am the Glory of Mankind The Star of Peace and Thunderbolt of War The spur of Vertu scourge of Vice A Mind That merited to sway more Scepters far Touching his Son and immediat Successor Lewis the Thirteenth he also did mighty things He began to bear Arms and wear Buff almost when he was no higher then a Sword at which height they say the Kings of France are out of their Minority but before he came out of His he repressd two ill-favourd Commotions in Poitou and Britany He continued Conqueror all his life-time nor did He know what it was to be beaten He bangd all his Neighbours round about him He clammerd twice with his Armies ore the Alps and came back again having done the business he went for He climd likewise with his Troops up the Pyreney Hills and establishd a Viceroy in the Kingdome of Catalonia He crossd ore the Meuse and made many deep Hacks in the Ragged Staff His Horses foorded ore the Rhine and helpd to cuff the Eagle ilfavouredly in the German Air. And lastly He foyld the English at the I le of Rhe. These were Exploits abroad At home also within his Kingdome He did marvailous things by suppressing so many Civil Insurrections and lastly by debelling the Hugonots which his five immediat Predecessors could not effect though they attempted it many ways Then which Action nothing could conduce more to the security and improvement of the power of the French Crown and the tranquillity of the Country The tenth and last Argument Ab Exemplo Authoritate Historicâ from Examples and Historical Authority THe Arguments which went before may be said to be Embroderies and Florishes of Reason yet those Florishes were wrought upon good Substantial stuff but this last Argument hath more of solidness legality and weight in it for it consists of Examples and Historical Authentik Proofs of Antiquity which the Logitian tells us is one of the strongest way of Argumentation We will not make such over-curious Retrospects as to look on the times before Charlemain though ther be divers examples that ever since the time of Clouis who was the first Christian King of France which was above 300 years before which prove that the Kings of France had Prerogatives of Session and Precedence both of Place and Person next to the Emperour But since Charlemain had the title of Christianissimus given him ther be divers cleer and convincing proofs how after the Empire was devolvd from Charlemains Race to the houses of Saxony Suevia and Austria nay since Austria came to the highest cumble of greatness and multitude of new Dominions the Kings of France have still had the Antecedence both in General Councils in assisting the holy Offices of the Church and in attending the Popes Person Now t is known that the Court of Rome with the Rules and practice therof is fittest to determine this Question of Precedence Mausonius and others have it upon good record how Anno 1564. Pope Pius the fourth passd a solemn Decree That the Kings of France ought to have the Precedence of any other King Nor indeed in former Ages did any King contend with him herabouts but the King of England The Spaniard did but of late years stand for it it is but since the Raign of Charles the fifth And as the Kings of France before claimd it as succeeding Charlemain so the Kings of Spain wold challenge it as succeeding Charles the Fifth Yet in the famous Treaty at Vervins 1598. after long Concertations and canvassing of the point Pro Con the Spanish Ambassadors made a Cession of Precedence to the French And Baldus the great Civilian as Purpuratus relates affirmeth categorically Nemo praesumat Honorem super vexilla Invictissimi Franciae Regis It is tru that some Writers rank Kings thus The King of Hierusalem the King of France the King of Sicily and the King of England which four are the only Anointed Kings And for this they shew an old Manuscript of the Church of Rome calld Provincialis Saint Gregory writes to Childebert Quanto caeteroâ—… homines Regia Dignitas antecellit tanto caeterarum gentium Regna Regni vestri culmen excellit As far as Royal Dignity excels all other men so far doth the glory of your Kingdome excel others Hâ—…norius the third says Reges Gallorum opposuerum se tanquam marus inexpugnabilis pro populo Christiano The Kings of France opposd themselfs as an inexpugnable Wall for the Christian People Gregory the ninth saith Regnum Galliae est quasi Phaâ—…etra quam Christus sibi circa femur accinxit ex qua sagittas electaâ—… extrâ—…hens 〈◊〉 â—…t sibi gentes Regna subjiciat in arcum brachii potentis emâ—… France is a Quiver which Christ tied to his thigh whence he draws Arrows for the subduing of Nations and Kingdomes c. Now touching the point of Precedence the notablest Contests that France hath had have been with Spain in the Council of Trent which lasted so many long years by intermissions the relations wherof lie scatterd up and down in divers Histories but we shall endeavour to give here a distinct and uninterrupted Narration thereof but first we will speak of a signal Contest in Venice The famous Contest twixt the most Christian and Catholique Kings in Venice as also in the Council of Trent IT is well known how that before the rearing up of that huge Colosse of the House of Austria which was Anno 1516. when Ferdinand of Aragon died Charles rendred himself very potent both in Italy as well as in Spain But he encreasd more strength after the death of Maximilian being chosen Emperour in his place at which time he was mounted to the highest pitch of sublimity and power I say t is well known how till that time the Kings of France were acknowledged the
mention of any such thing But grant that France hath reason to give the Lilies or Flower de Luces for her Royal Arms yet Spain hath a nobler for Spain gives the Crosse in her Shield For we know that many ancient and Authentik Writers affirm how the Cantabrians or Biscayners who were left unconquerd by the Romans carried a Crosse in their Banner long before the Nativity of our Saviour which King Pelagius carried when issuing forth of the great Cave calld Cobadonga to this day with not much above 1000 Christians he utterly routed 60000 Saracens to the memory wherof t is thought the great Church Cangas calld St. Crosses Church was erected where he lieth buried with a Crosse ingraven upon his Tomb. And after King Pelagius who is calld the Instaurator of Spain with other Kings had the Crosse in their Banner And San Isodorus who after St. Iames the Apostle is the Patron of Spain always usd it who was a Bishop and a Knight so that wheresoever he is represented either in shadow or stone he is painted in a Pontifical vest having the Crosse in one hand and the Sword in the other and as the Oriflambe is the chiefest Banner of France which is kept in the great Church of St. Denis so in the great Church of Leon in Spain Saint Isodorus Banner is devoutly kept up which upon occasion of urgent necessity was usd by divers Kings to be brought to the Field against the Saracens and afterwards against the Moores wherby many glorious and wonderful Victories were obtaind Nor is the Crosse the Ensigne onely of Biscay and Castile but also of Arragon and of Navarre and the ground of it is related in Beuter Illescas and Turapha to be that when King Garcia Ximenez was ready to fight a Battail against the Saracens and that the Christians under his command grew to be dejected and faint-hearted ther appeerd in a green Tree a red Crosse very resplendent which struck such a comfort and courage and made such impressions in the heart of the fainty Soldiers that they fell upon the Infidel-enemy with so great a resolution that they did utterly discomfit him wherupon he was called Rey de Sobrarbe because that the holy Crosse appeerd above a Tree Argum. 7. Proving That the Catholik King may claim Precedence because he is King of Jerusalem and that the Right of Unction belongs also to Him c. ALl Authors concede that in all solemn Pomps and publik Places the first seat in the Church after the Emperour belongs to the King of Ierusalem as Corsetus Grasalius and others do observe And the Reasons are many Because our Saviour preachd and sufferd there Because he made choice of his Apostles and Disciples there Because he wrought most Miracles there Because he conversd and had conference with Men there Because he instituted his last Supper there Because he did consummat the Eternal Salvation of Mankind there and because he was buried there with multitude of other Reasons Now that the King of Spain is right King of Ierusalem I beleeve ther are but few will deny it for the Holy Father in all his Bulls in his Apostolical Letters and all publik spiritual Dispatches doth stile him King of Ierusalem and so doth the Conclave the College of Cardinals the Rota or Judges of the Apostolik Chancery And it is as cleer as the Meridian that this Title is due to him as he is King of both the Sicilies viz. of Sicily Calabria and Naples which appeers evident in all Annals and Chronicles Although the French do cavil with him for a Right to those Kingdomes which Valdesius and Vasquez do sufficiently answer and refute Nor can it be denied but a double Unction belongs to him as he is King of both those Kingdomes wheras the Kings of England and France have but one Unction apeece relating to single Kingdomes Now that Kings are to be anointed with holy Oyl the sacred Code tells us plainly for it was the warrant which God Almighty himself the King of Heven and Earth gave unto the Prophet Elias Unges Asachel Regem super Syriam Iehu silium Namasi unges Regem super Israel Thou shalt 〈◊〉 â—…sachel King over Syria and thou shalt anoint Iehu King over Israel In another place he speaks himself Inveni David servum meum oleo sancto meo unxi eum I have found David my servant and with my holy Oyl have I anointed him Therfore Kings are called Christs upon earth because they are anointed by God Nay Cyrus is calld Christ in this sense as the Text saith Haec dicit Dominus Cyro Christo ejus Thus says God to Cyrus his Christ or his anointed One of the Prerogatives of the Emperour is that he is to be anointed by the Pope himself But Kings are anointed by their own Prelats Augustin de Ancona gives the reason for this Ceremony because Oyl signifieth gladness and promptitude to debel the Enemies of the Church to fight for the Orthodoxal Faith and carry away Victories Therupon at the celebration of the Olympik Games the Wrastlers were usd to be anointed as the Poet sings Exercent Patrias Oleo labente Palestras Nudati Socii The holy King saith Dilexisti justitiam odisti iniquitatem propterea unxit te Deus Oleo laetitiae prae consortibus tuis Thou hast loved justice and hated iniquity wherfore God hath anointed thee with the Oyl of gladness above thy fellows By Oyl also is understood cleerness of Conscience as we read Prudentes Virgines acceperunt oleum in vasibus suis The wise Virgins took oyl in their lamps Now they are Hevenly wide of the truth who hold that these two Kings viz. of Ierusalem and Sicily with those of England and France are only capable of holy Unction For it belongs to all Kings especially to the Catholik King who is a mixt Person twixt Temporal and Spiritual for he is Canon of Burgos as the French King is of a Church in Poitou But the Kings of Spain have bin from all times anointed from the time of King Vuamba and after him Ervigius for the Text of the Council of Toledo saith plainly Serenissimus Ervigius Princeps Regni conscenderit Regni culmen Regnandique per sacram Unctionem susceperit potestatem Most serene Ervigius Prince of the Kingdome shall ascend the top of the Kingdome and by the holy Oyl take a power to raign After these the Gothik Kings were also anointed from Pelagius downward Therfore t is a pure Paradox or rather a vulgar Error that none but the four mentiond Kings are capable of holy Unction Argum. 8. Proving That the Catholik King may challenge Precedence because of the free and absolut Power he hath over his Dominions and that he hath Empires under Him c. IT mightily concerns Royal Dignity to have a whole Plenary Dominion and Rule and not to be subordinat to any other Temporal Power whatsoever Such an absolut Dominion the Catholik King enjoys and is entaild upon him
so universal good as suppressing of Wars by making Peace Frendship and Concord or for the advancement of Commerce and Frendship Now it adds much to the Honor of Ambassadors that none can send any under that Title unless he be a Souverain Prince Ther is no subject capable to send or receave any Ambassador be he never so great a Viceroy if he do it is no less then High Treson Therfore before the beginning of the last Civil Wars in England it was Treson in the highest degree for the Scots Inconsulto Principe to send Lowden and others in quality of privat Clancular Commissioners to treat with the French King in the name of the whole Nation for assistance And though the King himself made a semblance not to admit or hear them yet his fiery Cardinal huggd them whence it may be well said the first flames of the said VVars broke out It is recorded in the Life of Eliz. Queen of England that the Duke of Alva when he was Governor of Flanders sent Christopher Assonville in quality of a Minister of State but the Queen wold not admit him because he could produce neither Commission or Credential Letter from the King of Spain whose Vassal Alva was In the year 1604. the King of Spain motiond that the publik Minister who was here for the Hollanders shold not be stild Ambassador because they are subject to the Empire and have a Superior having bin incorporated in the Empire by Charles the fifth 1548. at the Diet of Auspurg as Meteranus relates and says besides that Rodolphus 2. writ Letters unto them 1607. as to Vassals of the Empire and consequently they had no power to make Peace or War without the consent of Caesar which they then acknowledgd by their Letters sent to Colen The Electors and Princes of Germany have got a privilege to send and receave Ambassadors touching matters that concern their own Territories but not the state of the Empire The like the Hans Town may do But Rebels have no capacity to employ any in quality of Ministers of State no not so much as an Herald Therfore Charles the fifth was censurd for admitting a Herald with Letters denouncing a War from the Lutheran party in Germany and dismissing him unpunishd though he told him that if he came again in steed of a Gold Chain he shold have a Halter for his reward Touching the Electors or Princes of Germany and the Hans Towns or Cities of the Hansa it hath bin much controverted whether they had Ius Legationis whether they had a capacity to make a Mission of Ministers of State that might bear the quality and privilege of Ambassadors Concerning the first Kirknerus a great Civilian holds That the German Princes may have such a Prerogative but it is secundario tantum Iure Et qui Ius mittendorum Legatorum secundario tantùm Iure habent mittuntur Legati non de Rebus universum concernentibus Imperium sed tantùm sui Territorii ratione eo enim Ipsis intuitu tantùm datum ultra igitur terminos non est procedendum fieret enim altàs prejudicium Imperatori c. The German Princes may employ Ambassadors to Forren Princes by a secondary Right not to treat of Affairs concerning the Universal Empire but of things only appertaining to their own particular Territories and beyond those bounds they must not proceed And ther are some Princes in Italy also that are no less under the Majesty of the Empire in this kind but c. As for the Hans Towns and Corporations they claim the same privilege as the Princes do for they are free Imperial Cities and communicat of the same Regalias yet all by the indulgence of the Emperour wherunto his necessities from time to time enforcd him The Provinces of Belgia or the Netherlands under pretext of such a Right sent the Baron of Montigni as Ambassador to Spain at the beginning of the tumults but Philip the second choppd off his head saying That Vassals much less Rebels have no power to employ Ambassadors Yet this King his Grandchild admitted Ascham who came from as notorious Rebels though not in reference to him which he excusd in regard that Queen Elizabeth had receavd Ambassadors from Holland at their first revolt before they were acknowledgd a State and that she was the chiefest supportress of them VVe will conclude this Paragraph with this Ticklish Point VVhether a Protestant Prince may not send an Ambassador to the Pope and by way of civil correspondence receave another from Him though Iustice Ashton was of a contrary opinion yet Sir Edward Coke was for the Affirmatif and his reason is because that besides his Spiritual Jurisdiction the Pope is a Temporal Prince and ther may be Ambassadors sent to him as well as to the Turk or Mogor The fourth Paragraph Of the Privileges Security Reception and the honorable sacred esteem which hath bin always had of the Persons of Ambassadors AMong many other Privileges which Ambassadors enjoy and are endowd withal Iure Gentium by the Law of Nations not only their Persons have bin always esteemd sacred and inviolable but their Houses have bin held and allowd as Sanctuaries all their Servants from the Stuard to the Scullion-Boy are free from all kind of outrages violence or arrests And they have this security not only in Courts and Cities but in the midst of Armies in the Field twixt Swords Muskets and Guns for though Ambassadors come from an Enemy yet they are accounted none VVhensoever they take footing upon the shore or confines of any Prince to whom they are sent they use to be attended by Harbingers and other Officers all the way till they arrive at the Court. If they be robbd the King makes good their losses If an extraordinary Ambassador he is attended at his first entrance with a more splendid equippage he is Lodgd and Dieted at the Kings charge for so many days with his whole train At his Audience the King riseth to him pulls off his Hat and bows his Body c. Besoldus produceth the King of England anno 1527. for an example how he observd the French Ambassador as if he had bin the King himself His words are Angliae Rex Gallicum Legatum planè ut Regem observavit eique supremum locum concessit adeoque honoravit ut in Comoediis ipsius Regis filiae sustineret personam The King of England observd the French Ambassador plainly as the King and gave him the upper place and he so honord him that he held by the arm the Kings Daughter to a Comedy But the Princes Electors carry themselfs high in this particular for they take place of Ambassadors and the reason which Guetta and other Civilians give is In praesente Principe vera Majestas in Legato tantùm dignitas aliena In Principe reiveritas in Legato effigiata adumbrata est ut autem umbra Luci ita Principi Legatus quamvis enim Fictio tantùm operetur quantùm rei veritas
Husband Maids and Unmarried Women took up some their Brothers some their Kinred and so all marchd out so Caesar pardond all I will conclude with a late example of Madame Sardaus who went so often privatly twixt Bruxels and the Hague until the peace was concluded twixt Spain and Holland after fourscore yeers Wars by Sea and Land Therfore she was calld La Maquarelle de la Paix which was no disgrace to her The seventh Paragraph Touching the Office Function and Duty of an Ambassador in the execution of his Place and acquitting himself of the great Fiduciary Trust reposd in Him c. THe Civilians who are best versd in the Laws of Embassies say Legatio est mysteriosum quid that it is a mysterious thing It is full of secrecie and darkness as it is of Faith and Trust. The Lord high Chancellor of England who is Keeper of the Kings Conscience as well as of the Great Seal hath a great trust reposd in him for to mitigat the rigor of the Laws by way of Equity The Lord Chief Justice of the Kings Bench he of the Common Pleas and the Lord Chief Baron of the Exchequer have great trusts reposd in them but all these deal twixt Subject and Subject and sometimes twixt King and Subject But Ambassadors have a higher trust for they deal twixt Kings and Kings twixt Countries and Countries therfore as the burden is heavier so the honor is the greater ther is no secrecie belongs to the other Offices but reservedness and secrecie is the soul of Embassy which made one say If his Cap knew his privat Instructions he wold hurle it into the fire and burn it And as ther is honor in this high employment so ther is much honor attends it which made one say That that Ambassador who loseth one hair of his Masters honor forfeits his head at his return One of the principal Duties of an Ambassador is to stick close to his Instructions and the Mandats of his Master and therin an Ambassador Lidger doth not run so much hazard as an Extraordinary who hath many things commonly left to discretion by way of implicit trust Besoldus defines the Office of an Ambassador thus Ut Mandatum fideliter cum dexteritate exequatur acceptum responsum diligentissime notatum referat Mittenti That with faithfulness and dexterity he execut the Command and report to him who sent him the Answer most diligently noted Ther is a shorter definition Officium Legati est ut Mandata Legationis diligenter conficiat ex Fâ—…de That he perform carefully the Command of the Embassy and with Faith He derives all his Power from his Instructions for without them ther is no Mission or Embassy Ther is an Example of the Athenians that having employd Ambassadors with divers Iustructions wherof one was that they shold take such a way as they went they going another way though they had performd all the rest of the Instructions yet they were put to death at their return for infringing this one Ther are divers instances how Ambassadors exceeding their Commissions and falling into follies have bin punishd upon the place Hector Boetius relates that Olaus and Evetus killd the Scots Ambassadors Teaca Queen of Sclavonia killd a Roman Ambassador as Polybius mentions The Athenians causd Darius Ambassadors to be thrown into a Well Dandolo the Venetian Ambassador had his eyes pluckd out by the King of Sicily But let us descend to latter Ages Francis the first of France sent Fregosa and Rinion Ambassadors to the Turk Charles 5. soldiers discoverd surprizd and flew them in Italy The fact was justified by the Emperour because they were both his subjects the one being a Milanois the other of Genoa and servd his Enemy for ther were Wars then twixt Charles and Francis Edward the second of England employd a French Gentleman Ambassador to France who had bin executed for a Traytor for serving the Enemy had not the Queen interceded Anno 1302. the Pope sent an Ambassador to France where he practisd some Treson and being arraigned convicted and condemned to die the Popes Frends procurd that he shold be banishd only The Venetian drew out of the French Ambassadors House some who bad discoverd their secrets to the Turk where resistance being made Cannons were sent for from the Arsenal and so they were taken out by force and the French King not offended The Ambassadors in these latter examples by their own indiscretion and misdemenures drew these violences upon themselfs We will concude this point with a latter example in England 1624. at which time ther were two Spanish Ambassadors residing in London who were the Marquiss of Inojosa and Don Carlos Coloma and the Prince of Wales being newly returnd from Madrid Re infectâ without the Infanta matters began to gather ill bloud twixt England and Spain in regard that the Treties both of Match and Palatinat were dissolvd by Act of Parlement which was done by means of the Duke of Buckingham The said Ambassadors finding that they contrivd a way how to supplant and destroy the Duke Herupon falling into consideration that King Iames was grown old and that the least thing might make impressions of distrust and jealousies in him therfore in a privat audience they did intimat unto him that ther was a very dangerous designe against his Royal Authority traced by the Duke of Buckingham and his Complices which was that at the beginning of that Parlement the said Duke with certain Lords and others consulted of the argument means which were to be taken for the breaking and dissolving of the Treties both of the Spanish Match and for the restitution of the Palatinat and if his Majesty wold not conform therunto their consultations passd so far that he shold have a house of plesure where he might retire himself to his sports in regard that the Prince had now yeers sufficient and parts answerable for the Government of the Kingdome The King for the present dismissd them with thanks But the next day he made earnest instances that as they had discoverd a Conspiracie they wold also detect the Conspirators this being the only means wherby their own honor might be preservd in proving the truth of things To this they replyed That they had reveald enough already in order to the care and zeal they had to his Royal Person and Dignity Therupon the King commanded that the Duke of Buckingham shold be put to his Oath with others who were most suspectful which they all took for cleering their integrity This being done the King returnd to make new instances to the said Ambassadors that they wold not prefer the discovery of the names of the Conspirators to the security of his Person as also to the truth and honor of themselfs and to the hazard of an opinion to be held the Authors and Betrayers of a Plot of so much malice sedition and danger but they wold discover no more Yet a few days
whom I refer the Reader We will conclude this Paragraph with some further inspections into the Laws of England concerning Ambassadors In the 13 of Queen Elizabeth it was gravely debated in the Bishop of Rosse his case who was Ambassador here for Scotland An Legatus qui Rebellionem contra Principem ad quem Legatus concitat Legati privilegi is gaudeat an ut hostis poenis subjaceat Whether an Ambassador who raiseth Rebellion against the Prince to whom he is sent is to enjoy the privileges of an Ambassador or whether he is to lie under a punishment as an Enemy It was resolved by all the Judges of the Land that he had lost the privileges of an Ambassador and was punishable by the Law of the Land Herupon Mendoza the Spanish Amdassador was commanded away because he fomented a Rebellion c. Moreover as my Lord Coke hath it and therin he agreeth with the Civilians If an Ambassador committeth a delect contra Ius Gentium as Treason Felony Adultery c. he loseth the privilege of an Ambassador and may be punished in England as any privat Alien and not to be remanded but upon courtesie But committing any thing against the privat Municipal Law and Customes of England which is not Malum in se Iure gentium He is not punishable The breaking of Truces and Safe-conducts was once High Treason by the Laws of England but that was mitigated 2 Hen. 5. Furthermore my Lord Coke holds in his fourth Institut That if one be namd but Agent in his Credentials from a King yet he is an Ambassador The ninth Paragraph Concerning the wise Compliances and Witty facetious Sayings and Carriage of divers Ambassadors during the time of their Negotiation c. AS it is a principal quality in an Ambassador to be serious abstruse and reservd in the discharge of his Function so it is a mighty advantage for him to be Witty as well as Wise to be facetious and play the Drol sometimes for the Italian says Non è saggio chi non sà esser pazzo He is not wise who knows not how to play the Fool sometimes Apt pleasant and sudden Reparties discover a great deal of wit An Ambassador being sent to the King of Morocco whose Law we know is not to eat Swines Flesh be brought him Letters wherin all his Titles were not given him The King said Sus has Literas peperit A Sow begat these Letters The Ambassador suddenly answerd Ne iis Vescaris It was done that you shold not eat them The Town of Agrigentum as Herodotus reports having sent Gellias a very hard-favord man Ambassador to Centuripe a low dirty Town in Sicily and being jeerd and stard upon at his audience he answerd Ne Miremini Centuripini ut Urbes sunt ita Cives mei Legatos mittunt pulchros ad pulchras deformes ad deformes Do not wonder O you of Centuripe at me for my Masters of Agrigentum send their Ambassadors as the Cities are Faiâ—… to Faiâ—… Foul to Foul. Don Pedro de Toledo being employd Ambassador to Henry the 4. of France ther were many traverses between them at one privat audience and Don Pedro magnifying much the power of the Spanish Monarchy King Henry said That it was much like the Statue of Nebuchadnezzar composd of divers peeces but having Feet of clay Don Pedro then replying somewhat high the King rejoynd that if he were provokd he wold carry flames even to the Escurial and if that he once mounted he wold be soon in Madrid Don Pedro answerd Indeed King Francis was there meaning Francis the first who was taken at the Battail of Pavia and remaind Prisoner in Madrid divers yeers The King going on further to tax the King of Spain for usurping divers Countries of his and namely the Kingdome of Navarre which he might live to recover Don Pedro answerd That the Iustice wherby the King his Master held Navarre wold help him to defend it The King replyd Your reason is good till I be in Pampelona Don Pedro therupon rising hastily and going towards the door The King askd whither went he so hastily He answerd To provide entertainment for your Majesty at Pampelona A French Ambassador Monsieur de Tilliers as I take it residing here and being invited one day to Dine with King Iames the King being well disposd began a Health to him saying The King of France drinks the French Kings Health The Ambassador answerd as pleasantly Le Roy mon Maitre est bon Lieutenant Il tient bien la France de Luy The King my Master is a good Lieutenant he holds France well from him But of any that I have heard or read of Don Diego de Acunia Count of Gondamar had an extraordinary faculty this way and besides he had well studied the Genius of King Iames in whose Raign he resided here how he was pleasd with sudden plesant Reparties therfore he did Seria jocose he did dispatch serious things in a merry way When Sir Walter Rawleigh was gone with a Fleet to Guiana and when news was broght that he had taken San Toma plunderd the place and killd the Governor which was as some say beyond the bounds of his Commission wherin he was restraind from doing any Acts of hostility upon the firm Land Gondamar came early one morning to the King desiring to speak but only one word to his Majesty being admitted he cryed out Pyratas Pyratas Pyratas intimating that Sir Walter Rawleigh was turnd Pyrat but that word was so fatal that it took off Sir Walters head though upon an old score Another time having discoursd of many things with the King in a privat audience in French the King askd him whether he understood Latin or no Yes Sir said Gondomar I understand it and speak it Discoursing afterwards in Latin of divers things in a free and facetions way it happend that Gondamar spoke false Latin once or twice the King smiling said How comes it to pass that you being an Ambassador to so great a King who shold be exact in all things how comes it that you break Priscians head so often Gondamar replyed Sir I speak Latin like a King and your Majesty speaks Latin like an Ambassador Count Gondamar having bin outragd by the Rabble in London who threw Tobacco-pipes into his Litter and did him other affronts coming after to have a privat audience and the King taking notice of it he said La Harina de Ingalatierra es muy delgada y fina pero el afrecho es muy grossero Sir the Flowre of England meaning the Gentry is very fine but the Bran is very coorse meaning the common peeple Another time being to dispatch a Courrier to Spain and the old Countess of Buckingham being then in extraordinary high favor that most Suters made their address unto her he writ in a Postscript to Count Olivares That ther were never greater hopes then now that England wold turn Roman Catholik for the Mother was more worshippd