kinred Nemo debet his puniri pro uno delicto No man is to be punishd twice for one offence Nemo potest plus juris in alium conferre quà m Ipse habet No man can transfer a greater power to any other then he hath himself Nemo tenetur prodere seipsum No man is bound to betray himself Omnia quae movent ad mortem sunt Deo danda All things which cause death are forfeit to God Qui non habet in aere luat in corpore Where the purse cannot let the body suffer Qui peccat ebrius luat sobrius Who offends when he is drunk let him be punishd when he is sober Qui sentit commodum sentire debet onus Who receive the benefit ought to feel the burden Quod semel meum est ampliùs meum non est That which was mine is none of mine Stat praesumptio donec probetur in contrarium A presumption stands till the contrary be provd Ubi non est principal is ibi non potest esse accessarius Where ther 's no principal ther can be no Accessary Unumquodque dissolvitur eo ligamine quo ligatur Evry thing is untyed as it is bound Par in parem non habet Imperium Equals cannot command one another Nemo dat quod non habet No man can give that which he hath not And this doth hold also in Heraldry therfore the Knighthoods with other Honors that Cromwel was so free to confer are void in Law because he was never Knight himself By these few Principles with multitudes more it appeers that the Common Law hath much affinity with the Civil wherof ther are as learned Professors in England as any where els Whence it may be inferrd that the King of Great Britain is supplied with more helps for the administration of Justice then any Nation in the world besides For in regard that England is an Iland having such a great Trade at Sea and so great dealing with divers other Nations Having also besides Land-matters both Temporal Ecclesiastical and Maritime which are not so proper for the Common Law He allows of the Civil Law answerable to the quality of the Case which hath bin practised in England beyond the memory of man or the reach of any Record And though ther happen oft some Emulations and high Contests betwixt these two Professions yet such hath bin the prudence of the Souvrain Prince to keep them both in as equal a Balance as could be and not to suffer the one to insult or encroach upon the other but to have the same freedom of study and practice to the universal good of Forreners as well as of his own Subjects And so much concerning the National Law and Prudential Constitutions of England The Tenth and last Paragraph Touching the greatness of Power of Military Might and Puissance by Land and Sea as well Defensive as Offensive c. of the King of Great Britain THe Duke of Rohan in his Book calld Les Interests des Princes The Interests of Princes saith that England is like a great Animal that cannot die unless he kill himself He acknowledgeth Her also to be Latroiseâ—…e Puissance the third Power of Christendom But by the Arguments that shall be producd in this Paragraph I believe it will appeer to any discerning and unbiassd Reader that England taking her Kingdoms annexd along with her strength at Sea as well as shore will be inferior to none Ther was a Comparison made long since That Gallia Hispania sunt quasi lances in Europae libra Anglia est lingula sive libripendens That France and Spain were as the Scales of the great Balance of Europe and that England was the Toung or Beam of the Balance which keeps it in aequilibrio in an even counterpoise that neither side shold be trabâ—…ccant This hath bin often verified specially in the Raign of Henry the eighth whose Motto was Cui adhaereo praeest He to whom I adhere prevails He wold somtimes make Francis the first to weigh down somtimes Charles the fifth And touching the former He acknowledgd King Henry under God to be the chiefest Deliverer of Him and his Children from his captivity in Spain And so likewise did Pope Clement when he was freed from the Castle of St. Angelo where Charles the Emperour had coopd him up Therfore was Henry of England calld Liberator Orbis by the whole Confistory at Rome as he was before Protector of the great Clementine League And indeed the Arbiter of all Christendom in his time Touching the Martial Might of the King of Great Britain we will first examine that of England which we must distinguish into Intrinsecal or Terrene And into Extrinsecal or Maritime Concerning the first ther are five Counties alone can put into the Field fourty thousand men all armd for so many are listed in the Muster-makers Book as Traind-Band-men viz. the County of York 12000 Kent 8000 Norfolk 〈◊〉 and Devonshire above 6000 apiece And the rest of the Counties whereof ther are fourty seven may have twice as many at least which come to a hundred and twenty thousand Soldiers eâ—…olld and ready upon all occasions either for general service or privat in the Counties where they are for assisting the Sheriff and other Officers in the execution of the Law in case of any resistance therfore are they calld Posse Comitatuâ—… The power of the County So that in time of peace England alone hath an hundred and twenty thousand Soldiers enrolld besides those in Ireland and Scotland And in time of War the late bloudy Rebellion bleeding yet in the purses and estates of many thousand poor Cavaliers hath sufficiently tryed the strength and wealth of England For ther was a computation made at one time of those that were in actual Arms for King and Parlement and they came to neer upon two hundred thousand fighting men under Commission wherof ther were about fifty thousand Horse and Dragoons And I do not remember to have read that in the time of the famous Ligue in France ther were so many take in strangers and all Hence we see that the King of Great Britain may be said to have a constant standing Army in time of peace of which he hath the sole disposing For the Sword is his as much as the Scepter and the Crown which are inalienable from his power and incommunicable to any other but by his Royal Commissions And indeed t is the Sword that makes all Kings powerful The Crown and the Scepter are but impotent and poor unweildy things they are but naked Indefensible badges without it Ther 's none so filly as to think ther 's meant hereby an ordinary single sword such as evry one carrieth by his side Or some Imaginary thing or Chymera of a sword No t is the publik Polemical Sword of the whole Nation It may be calld an Aggregative or compound Sword made up of all the Ammunition the Artillery Pikes Muskets Helmets Headpeeces with all kind of armes
quam in serenissimi Archiducis Commissione omissam esse superiùs demonstravimus quà m primùm commodumque videbitur quod polltcitae sunt vestrae illustres magnificae personae petimus inserendum Quod verò illustres magnificae vestrae personae asserunt insolitum novum videri quod proposuimus de Praerogativa Praecedentiae dignitate serenissimae Reginae Dominae nostrae semper debita non possumus dissimulare nos valde mirari illud viris vestrae conditionis eruditionis judicii novum esse insolitum quod universo orbi terrarum notum est celebratissimum Res enim est exploratissima quod Regio Hispanica cum distributa fuerit in diversa Regna devoluta in manus Regis Ferdinandi Reginae Isabellae Regumque Granatae insuper ei adjunctum unà cum caeteris partibus Indiarum Occidentalium orta est contentio speciosè magis quà m solidè recteque fundata de Praecedendi dignitate cum Regno Anglorum tempore quo Papatum occupavit Alexander ejus nomini sextus natione Hispanus quae perducta ad tempora Iulii secundi Volatarranus Author imprimis bonus Historiographus Italus nullo privato beneficio Angliae obstrictus quique eodem tempore Romae vixit ea de causa quemadmodum Res actae gestaeque fuerunt probè potuit intelligere de hac Re ita refert Inter Oratores Henrici septimi Regis Angliae Hispaniae Regis inter sacra sedendo orta est contentio quae etiam sub Alexandrio caeperat Iulius Locum honoratissimum Anglis pro tempore adjudicavit quod quidem Ius praerogativam Regis Angliae possidentes tenuerunt usque ad tempora Caroli quinti Imperatoris qui licet ratione Caesareae Majestatis supremam sedem dignitatis inter Principes 〈◊〉 Illud tamen privilegium ad posteros suos in praejudicium aliorum Principum transmittere non potuit Ideóque post obitum ejus quaestio illa Praecedentiae ad eosdem terminos unde ante digresserat reversa est Cum igitur Reges Angliae semper tenuerunt priorem augustiorem sedem prae singulis illis Regibus priusquà m Regna eorum in unum reducta fuerint reductisque in unum indeque ea de requaestione motâ jus suum ex sententia Papae retinuerint de quo nullo unquam tempore aut occasione cesserunt Extra controversiam igitur putamus illud de Iure pertinere ad Coronam Angliae utcunque propagata amplifica sunt Territoria Dominia Regni Hispaniae quod recta rerum aestimatione nihil valet aut valere debet inter Christianos Principes ad hanc Praecedentiae quaestionem Alioqui plurimi Reges Principes assumerent sibi Praecedentiam in multos alios Principes quibus jam liberè libenter concedunt Amplius de haec praesenti controversia de Praecedentiae dignitate hoc ipso tempore aliud est quod se non indignè offert judici is vestris examinandum nempe quodunus è nobis quem serenissima Regina Domina nostra ad hunc tractatum pacis concludendum elegit Legatus ejus est qui quotidie residet apud Christianissimum quam dignitatem unà cum omnibus Praerogativis quae eam comitantur retinet quoad in Regno Galliae commoratur Primus vero è vobis licet sit Legatus Catholici Regis apud serenissimum Archiducem cùm jam sit extra territorium Archiducis qualitatem eam dignitatemque exui censemus quoque nostrum in quo multiplicata ista dignitas elucet dominatur Iure praeferendum unicuique qui singulari nudo titulo deputati scilicet ad tractatum pacis inductus prodit Vobis igitur si placeat quaestio ista alto silentio praetermittatur haecque praerogativa de qua agitur maneat habitetque in serenissima Regina Domina nostra ad quam Iure spectat pertinetque Ita alacrioribus animis ad conventum colloquiumque cujus causà huc accessimus feremur Ista omnia pro prudentia moderatione vestrarum illustrium magnificarum dominationum petimus amicè candidè accipi ut quae profecta sunt ab observantiis religione officii nostri non à studio tempus consumendi aut contentionis excitandae Datum Boloniae 26 Maii stylo veteri 1600. Renderd thus in English Illustrious and Magnificent Lords We have read through the Writing which your illustrious and magnificent Persons sent us yesterday and touching those heads which appertain to the power of your substitutition and the vigor of the Seal we have resolvd not to prosecut further confiding in the sincerity of the most serene the Lord Archduke and acquiescing in the integrity of your illustrious and magnificent Persons which doth promise us a good faith in the business we are to agitat with the greatest candor and humanity that may be And touching the Clause we demonstrated before we desire it may be inserted as soon and as conveniently it may be as your illustrious and magnificent Persons have promised And wheras your illustrious and magnificent Persons assert that it is unusuall and new what we proposd concerning the Prerogative and dignity of Precedence due always to the most serene Queen our Mistress we cannot dissemble but we much wonder that that shold seem new and unusal to men of your condition learning and judgment which is so well known and most celebrous to all the world For it is a most explored truth That the Region of Spain distributed to divers Kingdoms when it was devolvd to the hands of King Ferdinand and Isabella wherunto the Kingdome of Granada was adjoyned and the West-Indies a Contention did arise more speciously then solidly and rightly grounded touching the dignity of Precedence with the King of England at that time when Alexander the sixth who was a Spaniard born held the Papacy which continued to the time of Iulius the second and Volaterranus a special good Author and an Italian Historiographer being not engagd to England for any privat benefit and one that was well capable to know how matters passd and were transacted doth relate that betwixt the Ambassadors of Henry the seventh King of England and the Ambassador of Spain a contention did arise about Precedence of session in the Church and Iulius adjudgd the most honourable place to the English which Right and Prerogative the Kings of England possessd until the time of the Emperour Charles the fifth who in regard of Caesarean Majesty had the supreme place among all Princes But he could not transmit that privilege to his posterity to the prejudice of other Princes Therfore after his decease that question of Precedence returnd to those terms whence it had formerly digressd Since therfore the Kings of England always held priority of place and session of those several Kings before their Kingdomes were reducd to one a question being movd therabouts they have retaind their Right by the Popes sentence and never yeilded it upon occasion Therfore without controversie
in the I le of Britain Just according to the ancient Greek Poet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Many Lords are not good let there be but One. Now from that time to this the King of Britain had and hath as Souveraign and incontroulable a sway as any 'T is true that he admits others sometimes to share with him in Counsel but not in Power by a kind of Influence he gives Light and Command to others but he himself receives none from any In the Neighbouring Monarchies it cannot be said so and particularly in France and Spain where it may be said ther is Regnum in regno ther is another Power à Legatus de latere that in a Court of Plea sways ore the Ecclesiastiques who make a considerable part of the Peeple Touching the latter the King of Spain is Feodary either to the Pope the Emperour or to France for all the Countries he hath The Kingdomes of Navarre and Granada were made Feodary to the Pope under Iulius the second Aragon to Innocent the third as also Sardinia in formula fiduciae Sicilia is relevant from the Church as also both the Indies and the Canary Ilands For the Kingdome of Naples and Calabria he sends a Mule with a Purse-full of Gold as a Heriot to Rome evry year for fear of an Excommunication the next day at the receit whereof the Pope says Sufficiat pro hac vice He holds the Dukedome of Milan from the Empire and most of the Provinces in the Netherlands from France whereof he is a double Peer as he is Duke of Burgundy and Earl of Flanders Now 't is questionable among the Civilians whether a Feodary or Homager may be call'd an Absolut Prince specially when Appeals may be made from him to another Court as the Spanish Clergy may from the King to Rome in divers cases The Kings of ENGLAND are free from Subordinations of that kind as the Fundamental Laws of the Land and all the ancient Learned Judges do evidence 'T is a Principle in the English Laws which is confirm'd by Baldus and other great Forren Jurists That Rex neminem habet in Dominiis suis nec Superiorem nec Parem The King in his own Dominions hath neither Superior nor Equal He may be said to be both Caesar and Pompey There is another Omnes sub Illo Ille sub nullo All under Him He under none Another yet Satis habet Rex ad poenam quod Deum expectet Ultorem 'T is enough for the King that God is to be his Judge which is expressed in this Distic Subditus in Regem peccat Legemque Fidemque At Rex in Solum Rex quia nempe Deum Ther are divers others that are conducing hereunto As The King must not be put to do any thing per aspertè but of his free plesure The King never dies but the Heir apparent is King Inchoative as soon as the former dies and the Coronation is but a meer Ceremony not Essential for divers Kings as Hen. 5. and others had Alleageance sworn unto them before they were Crowned There are more Maximes yet That the King can do no wrong but his Ministers may through whose mouths he pronounceth sentence Moreover Nullum tempus occurrit Regi Ther 's no Immemorial or Prescription against the King It is High Treson not only to contrive but to imagine ill against the King By the Kings Prerogative Life it self may be leased c. But that Traverse twixt King Iohn and the Legat Pandolpho when they say he transferred the Crown to the Pope is much insisted upon wherunto t is thus answered That ther are four great things whereof the Records cannot be found The first is that wherin the Emperour Constantine gave Rome to the Pope The second is that wherin Venice hath the Dominion of the Adriatic or Illyrian Gulph The third is the Salique Law The fourth is that Instrument wherby King Iohn pass'd over his Crown and made the Pope Lord Paramount of England Sir Thomas More who was so far devoted to Rome that he is canoniz'd for one of her Martyrs denieth absolutly that King Iohn either did or could make England Feudetary to the Pope because without the consent of his Barons an Act so much prejudicial to his Royal Successors was not valid and that the Peter-pence which they hold to be a Tribut relating to the foresaid Act was but a meer Alms which was given by King Ina 500 years before Moreover put case ther had been such an Act yet it stands upon good record that Innocentius the third did give a Release in these words Per Praeceptum Domini Papae 7 Iulii Homagium relaxatur omninò The Rome-scot also was but Regis larga benignitas the Kings bountiful kindness Adde hereunto that when the Pontificial Power was here at the highest pitch no Legat de latere was allowed but the Archbishop of Canterbury his Subject who by his Dignity is perpetual Legat de latere He is Legatus natus as he of Toledo is in Spain and the Primat of Armagh in Ireland and in point of Precedence at the Council of Clermont anno 1096. a Prerogative was given him for ever to sit at all general Councils at the Popes right foot Pope Urban at that time declaring in these terms Includamus hunâ—… in Orbe nostro tanquam alterius Orbis Pontificem Maximum Let us include him in our world as Pope of another world 'T is true ther have been other Legats de latere upon extraordinary occasions admitted but it was with the Kings leave and with this Proviso That he hath no Authority to hold Plea in the Realm prejudicial to the Laws thereof or derogatory to the King Thus it appears that no Extern power hath any thing to do in Great Britain and as the Pope so the Peeple neither whether consider'd Diffusively Collectively Representatively or Vertually partake any thing of the Souverain Power ther is no power either Co-ordinat Co-equal Corrival or Collateral with it The Kings of England have had always by the known Laws of the Land a pure underived Power not depending upon Pope or Peeple or any other Prince whatsoever They are Kings by the Grace of God which implies no earthly Dependency It stands upon good record how King Ina in the Preamble to his Laws for he was a great Legislator begins I Ina by the Grace of God King c. and this was above a thousand years ago about two hundred years before Charlemain in whose time that stile of Dei Gratia came first in use in the Empire And as on Land the King of Great Britain hath such a Latitude and Independence of Supreme Power so by Sea he hath the like which is such that without disparagement much less any injustice to any I may avouch no other Prince hath the like The greatest claim of Sea-Dominion that France makes is to the Coasts of Armorica or little Britany and a few Leagues in the Mediterranean The Spanish Laws are for the
of England and Iohn 2. of Denmark and Norway 1490. England is put before France as for example Sancitum est quod Mercatores Homines Ligii Piscatores quicunque alii Reg. Angliae Franciae subditi liberè possint temporibus futuris in perpetuum ad Insulam Tyle i. e. Islandiam c. Augustus de Cavallis who is no obscure Author infers the Queen of England from her Ancestors both in respect of Inheritance Conquest and Gift to be Queen of France de Iure In the Treaty twixt Hen. the 7. and Philip of Castile 1506. the English Commissioners subsign'd first As also in the Treaty of Marriage with Queen Mary Anno 1533. the first Signature is given to the English Ambassadors When Queen Elizabeth employed the Earl of Derby the Lord Cobham Sir Iames Crofts Doctor Dale and Doctor Rogers in quality of Ambassadors with their Assistants to Ostend anno 1588. Dignitatis Praerogativa incedendo sedendo The Prerogative of going and sitting was given her Ambassadors In the Treaty at Bullen twixt England and Spain for renewing the Burgundian League Queen Elizabeth sent Sir Hen. Nevil Sir Iohn Herbert Robert Beale and Tho. Edmunds who in their Instructions had command in no case to give Precedence to the Spanish Ambassadors but being met ther was a Contest happend The English produc'd a Certificat procur'd privatly from Rome out of the Book of Ceremonies there which according to the Canon giveth the Rule in such cases That the King of England is to have place before the King of Castile That the English quietly held this Right in the Councils of Basil Constance and others They alledg'd also that the Kingdom of Castile which is the Spaniards first Title is but an upstart-in regard of England for it had no Kings but Earls till the year 1017. Moreover Pope Iulius 3. gave sentence for Hen. 7. of England against Ferdinand of Spain in this particular c. Furthermore for Eminency of Title Great Britain is oftentimes calld an Empire by Forren Authors nay Pope Urban terms it a World of it self at the Council of Clermont almost a thousand years since wherin the Archbishop of Canterbury is call'd Alteterius Orbis Papa The Pope of another World What wold he say now that Ireland and Scotland are added Some of the Saxon Kings stil'd themselfs Emperours as Ego Ethelredus Ego Edgarus Anglorum Induperator c. William the Conqueror writ Ego Willielmus Rex Anglorum ab incarnatione Domini 1089. 2 Anno mei Imperii This is found upon record in his Charter to the Monastery of Shaftsbury In Hen. 8. Raign the eighth year thereof England was declar'd an Empire in Parlement where he had also these Epithets Metuendissimus Praepotentissimus and London was call'd the Imperial Chamber But most memorable is that of King Edgar in the Charter that he gave the Church of Worcester Which Charter is yet extant and runs thus Altitonantis Dei largifluâ clementiâ qui est Rex Regum Ego Edgarus Anglorum Basileus omniumque Regum Insularum Oceanique Britanniam circumjacentis cunctarúmque Nationum quae infra Eam includuntur Imperator Dominus Gratias ago ipsi Deo omnipotenti Regi meo qui meum Imperium sic ampliavit exaltavit super Regnum Patrum meorum Qui licet Monarchiam totius Angliae adepti sunt à tempore Athelstani qui primus Regnum Anglorum omnes Nationes quae Britanniam incolunt sibi Armis subegit nullus tamen Illorum ultra ejus fines Imperium suum dilatare aggressus est Mihi autem concessit propitia Divinitas cum Anglorum Imperio omnia Regna Insularum Oceani cum suis ferocissimis Regibus usque Norwegiam Maximamque Partem Hiberniae cum sua nobilissima Civitate Dublinia Anglorum Regno subjugare Quos etiam omnes meis Imperiis colla subdere Dei favente gratia Coegi Quapropter ut Ego Christi Gloriam laudem in Regno meo exaltare ejus servitutem amplificare devotus disposui per meos Fideles Fautores Dunstanum Archiepiscopum Ayeliolanum ac Oswaldum Archiepiscopos quos mihi Patres Spirituales Consiliarios elegi magna ex parte disposui c. Facta haec sunt anno Dom. 964. Indictione 8 Regni Ego Alfrye Regina consensi signo Crucis confirmavi ✚ This being so ancient a Record and of so high a Tenure I thought good to render it into English for the satisfaction of the Common Reader By the clemency of the high-thundring God who is King of Kings I Edgar King of the English and of all Kings of Ilands and of the Ocean circumjacent to Britain and of all Nations which are included within her Emperour and Lord I give thanks only to Almighty God my King that he hath amplified and exalted my Empire above the Kingdome of my Fathers who although they had obtain'd the Monarchy of all England from the time of Athelstan who was the first that subdued the Kingdom of the English and all Nations who inhabit Britain yet none of them attempted to dilate his Empire beyond its bounds But propitious Divinity hath granted unto me to subjugat together with the Empire of the English all the Kingdomes in the Iles of the Ocean with their most ferocious Kings as far as Norway and most part of Ireland with her most Noble City of Dublin All whom I compell'd to bow their Necks to my Commands the Grace of God so favouring me c. This King Edgar though very little of stature was so magnanimous and successful that he was Row'd upon the River of Dee by four subjugated Kings whereof Kennad King of Scots was one Ther is also a very remarkable and authentic story of King Canutus afterwards who being upon Southampton-Strand at the flowing of the Sea he sate in a Chair of State which was brought him upon the sands and the Billows tossing and tumbling towards him he gave the Sea this command Thou art my Subject and the Earth wheron I sit is mine and ther was none yet that ever resisted my Command who went unpunish'd Therefore I command Thee that Thou come not up upon my Earth nor presume to wet the Garment or the Body of thy Lord. But the Sea continuing his cours dash'd and wetted his feet and thighs illfavouredly without any reverence or fear whereupon the King stepping back declar'd That none is worthy of the Name of a King but only He whose Nod both Sea and Earth observd And as the story hath it he never wore the Crown of Gold again but being fix'd to a Cross did consecrat it to the Image of our Saviour Ther have been also Titles of Dignity given to our Kings in the Abstract which hath more of State and Substance in it then the Concret as Celsitudo Tua Magnitudo Tua given by the Pope in his Letters to Ed. 2. And Edward the 4. was us'd to write Nostra Regia Majestas though indeed that word
Christ. Catholicae Ecclesiae Episcopus ss Then his Seal or Signet engraven within Sanctus Petrus †Sanctus Paulus and this Motto about Ad Dominum cùm tribularer clamavi Exaudivit Me. Then the subscription of 27 Cardinals on both sides of the Signet the Cardinal Bishops on the right-hand of the Signet and close to it then on their right-hand the Priests-Cardinals and on the left side of the Signet as it is accustomed in all Bulls and other Public Instruments the Deacon-Cardinals have their place and precedence King Henry's Book against Luther was presented to the Pope in full Consistory by Sir Iohn Clerk then Ambassador at Rome for the King with a long solemn Oration the Original of which Book is yet to be seen in the Vatican at Rome with this Inscription written with King Henries own hand Anglorum Rex Henricus Leoni XÌ„ mittit Hoc Opus Fidei testem Amicitiae Henry King of the English sends this Work to Leo the Tenth as a Witness both of Faith and Friendship And as the Kings of England themselfs have such super-eminent Titles so their First-born Sons have a Title not inferior to any Royal Heir apparent in Christendome which is Prince of Wales and this Title is many years more ancient then that of Dauphin in France Moreover whereas other Kings Sons come so naked to the world that they have not of their own wherewith to buy them Clouts or pay their Nurses but what they have from their Parents The First-born of the King of England ipsissimo instante the very same instant that he is born is Duke of Cornwal and is presuppos'd by the Law to have Livâ—…ry and Seisin then given him of the said Duchy with all the Lands Rents and Honors therunto annex'd T is tru that the conferring of the Title of Prince of Wales depends meerly upon the Kings Plesure which was done out of a Political consideration to keep the Kings first Sons still in awe and within the bounds of a greater Obedience Nor is there any Queen also lives in a greater State and Dignity or hath more Prerogatives and greater Joyntures then the Queen of England For though Aliens at first and still under Couvert Baron yet they may pourchase Lands by Fee-simple They may make Leases and Grants without the King They also must be petitiond unto first before any can implead them in point of right We will proceed now to the fourth Paragraph Touching the Martial Exploits and Achievments which the Kings of Great Britain have performed from time to time c. TO proceed in this Paragraph we must make Retrosvects a far off we will begin with Brennus that bold Britain who in the Government of Consuls took and sack'd Rome 364 yeers before Christ and did notable feats afterwards in Greece and Asia insomuch that the Welch in honour of that Heroe their Country-man call a King from his Name Brenin to this day Cataracus overthrew a mighty Army of the Romanes and Boadicia slew 70 thousand of them in one Battel as their own stories declare King Arthur is rank'd among the Nine Worthies for he discomfited the Saxons in twelve several Battails and erected the first Order of Knighthood There was one English King and three Kings Sons went to the Wars of the Holy Land What Exploits did Richard coeur de Lion perform there so much to the envy of the King of France who therfore returnd before him He conquerd the Iland of Cyprus where Marrying Berengaria he transferrd the Kingdome to Guy Lusignan who had right to the Crown of Ierusalem which in exchange he resignd to King Richard But the French are they whom the English did so often rout subdue and subjugat with the Grey-goose Wing wherwith they did so often penetrat the very heart of France in so many glorious Victories that can be hardly paralleld take all circumstances We will instance in some of the most famous and begin with that of Cressy the first great Battel The Battail of Crâ—…ssy in France That Heroyk King Edward the third having been provoked by divers Affronts that Philip of Valois the French King had offeâ—…'d him goes over in person to France with an Army of 80000 men at Arms and 10000 Archers as Froissard hath it He takes with him his Son the Prince of Wales and Duke of Guyenne being but 15 years of Age calld afterwards the Black Prince to train him up in feats of Arms. Landing in Normandy he carries all the Country before him as far as Poissy within ten miles of Paris and after divers Skirmiges a Battail was appointed King Edward had incamp'd neer a Village calld Cressy where he divided his Army to three Battalions the first was led by the Prince of Wales the second by the Earls of Arundel and Northampton in the third was the King himself The Battail thus orderd being mounted upon a White Hobby he rides from Rank to Rank encouraging evry man to the performance of his duty and to have a regard to the Honor of his King and Country The French Kings Army was at least twice the number consisting of above 60000 Combatants with all the flower of the French Chivalry whereof the chief were the Duke of Alanson the Kings Brother the King of Bohemia the Duke of Lorrain the Earl of Flanders and Savoy with other great Princes The Vangard was led by the Kings Brother the Reer by the Earl of Savoy the main Battail by the King himself The French King was so fierce in assurance of Victory that he wold scarce admit of any counsel The old King of Boheme advis'd that the Army shold receive some refreshment before and that the Infantry of Genowais whereof ther were 15000 Crossbows shold make the first Front and the Cavalry to follow which being agreed on the Duke of Alanson did stomack that the Genowais shold have the honor of the first Rank so in a kind of fury he caus'd them to change place which bred such a discontent that they were more incensd against their Leader then against the Enemy but in the interim ther fell such a showre of Rain that wetted their Bowstrings which they had not the wit to cover all the while as the English did that for the limmerness therof when they came to action they grew useless At the ceasing of the showre the Sun did shine full in the face of the French therby dazzling their eyes but on the back of the English King Edward being got into a Windmil all the while whence as from a Sentinel he might explore and behold the face of the Enemy and discovering the disturbance that was made because the Genowais were put to change their place instantly gave order to charge that part which made the discontented Genoway to recoyl Alenson perceiving this rides on in a rage crying out Sa sa on on let 's make way ore the Bellies of these Genowais for they do but hinder us So riding through them he came
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
prolifical when they are past fifty years And for the Men it wold be Registred for a Miracle in Spain or France to finde ten men of a thousand years one with another as were found in Hereford about 60 years since within two miles compass of the town who were so vigorous strong and spriteful that they danced the Morice-dance in the Market-place for many hours with a Maid-Mariam of a hundred and three and a Tabourer of a hundred and five years old From the Fertility and Generousness of the Earth may proceed also the extraordinary Courage and Hardiness of the Peeple which hath been so well known and felt in other Countries beyond the Seas as the Examples in the former Paragraph do prove at so many signal and difficult famous Battails where the English Army was never half so numerous in any they got no not somtimes the third or fourth part in number to the Enemy and such an esteem they had in France that as their own stories relate when the Duke of Britany or Armorica was to encounter the French Army in a Battail he thought it a Policy to clothe a whole Brigade of his Soldiers after the English mode to make them appeer the more formidable to the French Nor doth that Primitive innate Courage languish a whit or decline in them as some think the World doth as we find it hath done in other Nations as the Iew and Greek with others but it continueth still at the same height as it appeerd in the year Eighty eight by Sea as was said before and in several Exploits in the Low-Country Wars as Newport the Retreat before Gaunt c. by Land Likewise by fresher Examples in the late Civil Wars twixt King and Parlement and since wherin the Power Strength and Wealth of England was never more discovered For the late usurper having such a Command over the Peeples purse and never wanting money made Spain and France strive who shold be his Confederat as also the Hollander the Swed and others I say in those times the ancient stoutness of the English appeerd in many Traverses of War as at Dunbar in Scotland and by Sea against the Hollander who were beaten and batterd into a Peace What a hazardous peece of service was performed when we invaded Barbary at Tunis but especially that desperat Exploit Blague did at the Canaries The French King confest that the Brigade of English before Dunkirk commanded by a little bold Britain though not the fifth part of the Army did contribut most to the late taking of that strong Praedatory Town And the King of Portugal acknowledgd that in this years great Defeat 1663. he gave Don Iohn of Austria neer Ebora that Brigade of English who servd there though not much considerable in number did perform the toughest part of the service and first shewd them the way of using the Rests of the Musquet to knock down the Enemy which made the French-men cry out Faisons comme les Anglois Let 's do as the English The Sixth Paragraph Touching the Ancient and Long-lind Extraction Decendency and Bloud-Royal of the Kings of Great Britain c. THe Races of Kings may be said to be like great Rivers that stream out into divers large Channels and Arms which become great Rivers of themselfs afterward Or like huge Trees which use to stretch their Branches beyond the Ocean where being inoculated and graffd they make divers other Royal Trees to sprout out of them in Forren Soyls Ther were divers Royal Ingraftings of this kind that Great Britain had with the chiefest Potentats and some of them Imperial The first was before the English took footing here between the Emperour Constantius and Helene a Britain born and Mother to Constantine the Great the first Christian Emperour for this Iland was held in such high esteem by the Roman Emperours when they had almost all the world besides that divers of them kept their Courts here among whom Severus and Constantius died at York which City may deservedly vaunt of two things viz. that two Roman Emperours were buried and a third born in her viz. Constantin the Great After the Saxons came this Iland also continued in such a repute that Ethelwolph Son to King Egbert Anno 830. married the Lady Iudith calld the Fair for her extraordinary Bewty and Daughter to the Emperour Charles le Chauue Granchilde to Charlemain The Emperour Otho the Great married the Sister of King Athelstan whose friendship was so much sought by all his Neighbouring Kings that they wooed for it by rich Presents which made the King of France send him the sword of Constantin the Great in the Hilt wherof ther was one of the Nails that fastned Christ to the Cross He sent him also the Spear of Charlemain The King of Norway sent him a curious Ship with a Gilt Stem Purple Sayls and the Deck garnishd all with Gold The Emperour Otho his Brother-in-law sent him a Vessel of precious stones artificially made wherein were Landskips with Vines Corn and Reapers so much to the Life that they seemd to move and act c. Ther have been eight Nuptial Conjunctions twixt Great Britain and France besides the Scots alliance with that Country The first was about the yeer 900. twixt Charles the first of France and the Lady Ogine Daughter to Edward Son to King Alfred that admired Saxon King who is so famous in story for divers signal things for He cleerd the whole Kingdome of the Danes who had so much infested and harassd it He Founded the University of Oxford Anno 895. He was the first who divided England into Shires Hundreds and Weapontakes He divided the Natural Day also into three parts eight hours for Recreation and matters concerning his Health as sleep c. eight hours for Meditation and exercise of Piety and eight hours in Council and the publick Affairs of his Kingdome He Founded also Shaftsbury-Abby Winchester-Church and Eldinsey-Monastery The second Marriage with France was twixt Hen. 3. of England and the Lady Margaret Daughter to Lewis the seventh of France The third was between Edward the first that great Hero of his time and the Lady Margaret Daughter to Philip the Hardy of France The fourth twixt Edward the second and the Lady Isabel eldest Daughter to Philip le Bell King of France Mother to Edward the third of England who by right of her claimd and carried afterwards the Crown of France The fifth was twixt King Richard the second and the Lady Elizabeth Daughter to Charles the sixth of France but she was but his second Wife for his first was the Lady Anne Daughter to the Emperour Charles the Fourth The sixth was between Henry the fifth of England and the Lady Katharine another Daughter to Charles the sixth of France The seventh was twixt Lewis the twelfth of France and the Lady Mary second Daughter to King Henry the seventh of England The eighth and last Inoculation twixt the Rose and the Flower
de Luce was that of Charles the first of England with the Lady Henrietta Maria of Bourbon youngest Daughter to Henry the great of France In which Matches England hath had six Daughters of France and France two of England By the fourth Match twixt Ed. 2. and Isabel eldest Daughter to Philip le Bell Edward the third of England being her eldest son was Heir to the Crown of France and demanding his Right therunto he was answered La Couronne de France n'est pas lièe à la quenouille That the Crown of France was not tied to a Distaff wherunto he replyed That he would then tie it to his Sword and he was as good as his word But Henry the fifth some fourscore years after tied it faster for he reducd Charles the sixth to such terms that after his death he shold immediately possess the Crown and Kingdome of France and that in the interim the Dauphin his son afterwards Charles the seventh shold be disinherited That in the interim King Henry shold be Regent of France in regard the present King was sometimes crazd in his Intellectuals That he shold take to Wife the Lady Isabel Daughter to the said Charles All which Capitulations not onely the King but the chiefest Peers and Nobility of France did consent unto and ratifie by solemn Oath obliging themselfs further to uphold and assist Henry of England with his lawful Heirs and Successors against Charles the Dauphin whom his Father had legally disinherited Hereupon Henry the fifth dying in France a Death much too soon and immature for so brave a man his son Hen. 6. was proclaimd King of England and France in Paris In which publick Proclamation t is very observable how England had the precedence and therupon the chiefest of the Officers of the Crown and Nobles swore Fealty and Alleageance unto him divers of which Nobles grew afterwards Apostats and joynd with the Dauphin Against Edward the thirds Right the Salique Law was alledgd which they wold force and pin upon a Text of Scripture Lilia neque nent c. The Lilies neither spin c. But though King Edward had cut the Labels of that Law with a victorious sword yet it was not quite cancelld Nor indeed could it be possibly done for it was but a kind of Chymera a meer imaginary Law and one of the Authentiqust French Historians Du Haillan hath no better opinion of it They who are the greatest Champions of that Law acknowledg that it was at first a particular Topical Law made at Salem a place upon the Rhine but they have stretchd it since to all France As if the Law of Gavelkind which is peculiar to Kent and other distinct places shold be made to extend it self and be in force all England over But some ther are that will not allow any Essence at all to the Salique Law no not to be a Local restraining Law to the foresaid place neer the Rhine Therfore the same answer may be fit to be given un to the Assertors of It as was given by the Venetians to the Pope when ther happening a clash between them touching the Sea about Ancona which they alledgd belongd to the Venetian Gulf wherof they had the Dominion And the Pope demanding what warrant they had for it t was answered by a kinde of Sarcasine If your Holines please to produce the Instrument wherby the Emperour Constantine the Great passd over the City of Rome to your predecessors upon the back of that Grant your Holines will find Saint Marks Charter to the Souverainty of the Adriatique Gulph whence an Intimation was made that neither of the Charters had ever any being which may be justly applied to the Salique Law And besides that du Haillan though a French-man in the first Volume of his History confutes that Law It is confirmd also that ther never was any such Law in France by the testimony of the Duke of Burgundy who when Philippe le long was created King he openly cryed out against his Creation alledging that the Kingdom of France belonged then to Iane daughter unto Hutin King of France formerly but to stop his mouth Philip was forcd to make a Gift unto him of the Dukedom of Burgundy in dower with his eldest daughter But touching the Title of Henry the Fifth which was confirmed by Solemne Agreement and Sacramental Oaths the French found out another Evasion For it was avouchd That the Kingdom of France goeth not by Descent or Inheritance but by Succession which is grounded not upon a Law but upon Custom by vertu wherof the next of the Bloud Royal be He of the furthest degree that may be to the kindred succeedeth not as lawful Heir but as a Successor by Custom not newly invented but of long continuance even from the time of Pharamond But this new-devised Objection is refuted also by the foresaid Du Haillan one of the prime French Historiographers and a French-man born who reckons up a long Catalog of French Kings which did not succeed one another but were chosen one after another Another Objection was also suggested that Charles the sixth who made the foresaid Contract with Henry of England was no better then a Lunatique though he had somtimes Lucida Intervalla Wherunto it is answerd that at the time when that Agreement passd He had a lucid interval and was in his right wits and memory Besides the chiefest Nobility of the Realm were parties in ir and did not only consent but obligd themselfs by Oath to the performance of it Ther was a third Objection which kept a higher noise viz. That the King of France cannot alienate the Demeanes Rights Titles and Interests of the Crown without the consent and suffrage of the Assembly of Three Estates which was not had then because a great part of the Peers Nobles and others were then absent Whereunto t is answerd That in claims which go by plurality of voices it is not always necessary that all shold be present if the greater and better part of them be there specially if after Citation the rest absent themselfs For although the point that concerneth All shold be approvd by All yet as Civilians hold when some or all may approve or disallow the things which concern Them and They will not be present to shew their consent or dislike their Absence shall not prejudice the stipulation of the Contract And in this great business twixt two Kings those who were away were Traytors to Charles the sixth for they were in arms against him by taking part with the Dauphin who was in Rebellion against his Father at that time Therfore their absence could not in any respect prejudice the validity of so solemn a Contract wherupon depended Peace or War The fourth Objection carried more of pusillanimity with it then strength of proof viz. That when the foresaid Contract was made the English had almost over-run all France and that the King was coopd up in a corner of the country Therfore
ΠΡ Ο Ε Δ Ρ Ι Α Î’ Α Σ Ι Λ Ι Κ Η A DISCOURSE Concerning the PRECEDENCY OF KINGS Wherin the REASONS and ARGUMENTS Of the Three Greatest Monarks of Christendom Who claim a several Right Therunto Are Faithfully Collected and Renderd Wherby occasion is taken to make Great Britain better understood then some Forren Authors either out of Ignorance or Interest have represented Her in order to this Particular Whereunto is also adjoynd A distinct Treatise of AMBASSADORS c. Symbolum Authoris Senesco non Segnesco LONDON Printed by Ia. Coâ—…trel for Sam. Speed at the Rainbow and Chr. Eccleston at the middle shop under St. Dunstans Church in Fleetstreet 1664. TO HIS MAJESTY OF Great Britain France and Ireland c. SIR THer are many who have written of the Pre-eminences and Antiquity of the Power and Prerogatives of France and Spain in order to a Precedence or Superiority But while they magnifie their own Kings they derogat from other Moreover while they produce their Resons they often fall into such excesses of speech that they may be calld rather Rodomontados then Resons But ther is none who hath written yet of Great Britain in relation to this Point therfore t is the principal scope of this VVork wherin ther is an Endevour to make Her better understood and to prove by Relevant and lively Resons without offence to any That the Monark of Great Britain if He go not before at least He ought not to come behind any King whatsoever Now in regard t is a Theme of so sublime a Nature and depends chiefly upon ancient Records History and the Opinion of Civilians who have bin principally consulted the Author hath had a special Care and Caution to be very exact and tru in his Quotati ons of all kinds Lastly The Author most humbly under favor did deem Himself not altogether incapable of such a Task for having bin in most of the great Courts of Christendom For having Negotiated by Royal Commission above three years in the Court of Spain For having bin Orator in an extraordinary Ambassage to Denmark and divers Princes of Germany For having bin so often in France and sundry Courts of Italy c. He may be thought not to be Impar Negotio May all the Blessings and best Influences of Heven light upon Your Royal Head this New-Year and many many many more according to the due and dayly Devotions of the humblest of Calendis Januarii 1664. Your MAJESTIES Votaries Vassals J. Howel To the Discerning Reader THe Ingredients and Matter wherof this New kind of Historical Peece is composd may be said to be all of Crown-Gold the subject therof being Kings Whence it is worth the observing that History is a Lady of that Excellence that she hath Kings to her Subjects We well know what a ticklish and tremendous Task it is to treat of Kings who have power of Life and Death Ther must be as much Caution as Care usd therin It is as perilous as it is painful It is as walking upon the Ridg of a high House or dancing upon a Rope where unless one be well counterpoizd he is in danger to break his Neck Especially a task of this high nature that treats of Regal Precedence And we find that they who write too peremptorily thereof have done it with more offence then satisfaction And indeed ther was never any binding Determination made therof but where Decisions have bin made the Princes upon new occasions have excepted or protested against them Therfore the Author here doth not presume to determine the Question positively and definitively en dernier ressort for Tantas componere lites Non opis est nostrae Therfore he refers it to the Discerning Reader who is left free and evry way unsubornd to pass his Iudgment accordingly in mesuring evry King by the merit of his own Resons which are here fairly and faithfully exhibited and those of France and Spain exactly drawn out of their own Authors having not omitted any that hath any weight Now t is found among Historians that Contestations about Precedence of Session and Superiority with other Formalities Complements Visits and Ceremonies have bin very fatal to Christendom And t is observd also that the various Dignities in the Church hath multiplied them The great Clash twixt Rome and Constantinople twixt St. Peter and St. Andrew was the unhappy cause of the Defection and total Separation of the Greek Church from the Latin The hot Dispute for Precedence twixt the Emperour Frederiki and Pope Adrian 4. did put all the Christian world on fire The great Oecumenical Council at Lyons which concernd so much the interest of Christendom broke up about Punctilios for Precedencie The great Contest twixt Patriarks and Cardinals bred a great deal of confusion but at last the Patriarks had the better for they of Constantinople Hierusalem Antioch and Alexandria precede the Cardinals though they be calld the Princes of the Church and have the Prerogative not to be tryed without 72 Witnesses I mean the Bishop-Cardinals 44 Witnesses the Cardinal-Priests and 30 the Deacon-Cardinal One of the 24 Causes and it proved the greatest that the English lost France was a Clash that happend at St. Omers twixt the Duke of Bedford and Burgundy about Punctilios of Complement and Precedency That hopeful Trety of Peace at Bullen twixt Queen Elizabeth and her Brother-in-law Phil. 2. King of Spain after a long lingring War by Sea and Land broke off for question of Precedence or rather for the peevishness of the Spanish Ambassadors who had no other Argument that had any probability of reson but that the Catholik King was encreasd in Territories wheras the Civilians say that Supervenient and Accessory Dominions with accumulation of Titles have no force twixt Princes all the while they continue still in eodem gradu dignitatis Nor could they give any answer at all to the Arguments the English Ambassadors producd wherof one was that of Volaterranus who doth plainly relate how the Pope did adjudge the Prerogative of Precedence to Hen. 7. of England before Ferdinand of Spain as it will appeer more at large in the following Discours Now ther have bin divers means found by prudent Mediators from time to time for accommoding and reconcilement of differences in point of Precedence somtimes by dilatorious ways somtimes by Alternatif Determinations yet Jure Partium integre reservato As the great clash twixt Warwick and Buckingham in England was composd that they shold precede alternatim evry three yeers so the hot contest twixt the Ursini and the Colonnas two of the antientst Families in Rome was reconcild that the elder of the two who were living shold precede which makes the younger never come to the Popes Chappel where they take place next Kings Ambassadors The difference Inter Scherensem Wolfeggianam Familiam in Germany was reconcild that the one shold carry the Pomum Aureum the Golden Apple of the Empire going in the other at
other Minister of State or Man of Business But this Discours doth appropriat it self soly to the subject we undertake viz. to the Function Office and Incumbency of an Ambassador A necessary Aviso to the Reader WHeras the four following Sections which may be calld so many Decades in regard evry one consists of Ten several Discourses which makes forty in all I say wheras they are full of Quotations Authorities Texts Testimonies and Examples both Modern and Ancient And wheras the Author was not so precise as to point at the particular Pages Paragraphs or Chapters where they are found and wherwith other Books have their Margens so cloggd The Reader is humbly desird to take this Advertisement That it belongs to School-men and Professors of the Laws who use to deal with matters of Meum Tuum or of Life and Death to be so punctual But under favor free Historians are not tied to such a strictness Wherfore they may modestly expect that with an Ingenuous Candor the Readers wold carry with them a Generous Confidence which they may do here without scruple of Conscience or incurring any danger to wrong their Faith J. H. Several Books worth buying to be sold by Samuel Speed at the Rainbow neer the Inner Temple-gate in Fleetstreet GUillims Heraldry Folio Atter sol on Philemon Folio Ammianus Marcellinus Folio Porta's Natural Magick Folio Pharamond a Romance Folio Shepards Actions on Deeds Folio Palmerin of England 4. Artificial Changeling 4. Bacons History of England 4. Dr. Griffiths Bethel 4. Purchas of Bees 4. White on the Sabbath 4. Genealogies in 4. in 8. in 12. Mountagues Essays 4. Perkins Catechism 8. Judge Ramsey of Coffee 8. Ramsey of Poysons 8. Paracelsâ—… of Metals 8. Ainsworths Communion of Saints 8. Sadlers Art of Physick 8. Burgersdicius Logick 8. The Life of Henry the fourth 8. Latine Bibles 12. Andrews Catechistical Doctrine 12. Drexelius Christian Zodiack 12. Wollebius in Latine 12. in English 12. These to be sold by Christopher Eccleston under St. Dunstans Church in Fleetstreet CRooks Report Fol. Wingates Reports Fol. Latches Reports Fol. Queens Closet 12. Wits Recreations 8. Athanasius Life 8. Life of St. Cuthbert 8. Littleton on the Church-Catechism 8. Wars of the Jews 8. Cases of Conscience about things indifferent Grand Case of the present Ministry Review of the Grand Case Sales Epigrammatum being the choicest Dysticks of Martials Epigrams of chief Latine Poets that have been these last two hundred yeers Shakespears Plays Touching the PRECEDENCE OF Soverain Princes COncerning the Pope and the Emperour ther never was any question or controversie of their Precedencies and consequently of their Representatives in all Transactions and Signatures at all Oecumenical Councils with other Public Meetings being allowed to the One by those who are devoted to him by way of Filiation as he is held The Vicaâ—… of Christ The Successor of the Prince of the Apostles The Holy Father who hath the command of the Spiritual Sword which strikes deep having Dominion over the Noblest part of Man which is the Soul Insomuch that some have magnified Him so far and fallen to such an excess of speech as to say That He antecels all Temporal Princes as much as the Soul excels the Body Nor do they onely allow him Priority of place but out of high Ideas of Holiness both Emperour and Kings esteem it a great honour to hold the Bason and Towel when he washeth his hands nay to hold his Stirrop and Bridle yea to kiss his Feet according to the Poet who gives this Character of Him Ense potens Gemino Cujus vestigia adorat Caesar aurato vestiti murice Reges He who commands the Two-edg'd Sword whose Feet Caesar and crowned Kings with Kisses greet Insomuch that when at the great Ceremony of his Consecration by the Cardinal-Bishop of Ostia the Papal Mitre is put on his head the chief Deacon says aloud Accipe Tiaram tribus ornatum coronis scias Te esse Patrem Regum Rectorem orbis c. Receive the Mitre adorned with three Crowns and know that thou art the Father of Kings and Rector of the world c. From hence is derived the Precedence that all other Church-men have as at the Election of the Emperour the three Ecclesiastical Electors viz. the Archbishops of Mentz Colen and Triers take place of the King of Bohemia and all the rest Moreover out of a special Veneration of the Church when the Tremendous Oath is read and administred unto them to be just in their choice the Archbishops put their hands onely upon their Breasts whereas all the Secular Electors hold their hands upon the Book all the while Adde hereunto that the Cardinals being Princes of the Church deduce such a Pre-eminence from the Pope that they take Precedence of all Ambassadours whose Masters are devoted to the Roman See Moreover among the Peers of France the Six Spiritual without any scruple take Precedence of the rest as also our Bishops do in England in the Parliament-house of all the Lay Peers Furthermore the Pope hath still such a sway and influence upon the Emperour that he cannot be stil'd Augustus or receive the Golden Crown until he be confirmed by the Consistory at Rome Of the Emperour WE come now to wait on the Emperour who retains still the Title of Caesar and Semper Augustus He also is stil'd Numen Divus and his Edicts are call'd Sancita Divalia God-like Decrees For many Descents the Empire continued in the Race of Iulius Caesar until Domitius Nero's time then the Name of Caesar grew to be Accidental and given by way of Adoption to the Heir apparent of the Empire whereas before he was call'd Princeps Iuventutis and when the Western Empire came to be reviv'd in Charlemain the next to succeed was term'd King of Italy but now he is created King of the Romanes which Institution was made by Charles the Fifth Iulius Caesar was the first who rais'd Rome to an Empire though it cost him dear for the Foundation thereof was cimented with his own blood being assassinated in the Senat by his nearest Confidents in compassing that great work whereby 't is observable what an extraordinary kinde of Fate did betide that City for as the first Foundation thereof was sprinkled with Blood when Romulus caus'd his Brother Rhemus to be put to death when the first Walls thereof were erecting so the Roman Empire was afterwards first raised by Caesar's Blood And the Spiritual Empire she enjoys since may also be said to have been raised by the Blood of Christian Martyrs among whom above thirty of the first Bishops of Rome were of the number Now if one should compare the present Roman Empire with the Old when it was at the highest flourish the Parallel would bear no more proportion then a Wren who yet is call'd in Latine Regulus a little King doth hold with an Eagle for the Roman Monarchy when she was at the greatest pitch of Sublimity and Altitude of
name of the King of France was omitted ran thus The Cardinal said aloud Caroli quinti Imperatoris serenissimorum Regum qui hoc universale Concilium promoverunt protexerunt Memoria in Benedictione sit Let the memory of the Emperour Charles the fifth and of the most serene Kings who have promoted this universal Council be always Blessed Then Serenissimo Imperatori Ferdinando semper Augusto Orthodoxo Pacifico omnibus Regibus Reipublicis principibus nostris multi anni Many years to the most serene Emperour Ferdinand ever August Orthodoxal and Peaceful and to all our Kings Commonwealths and Princes Then the Fathers answerd Pium Christianum Imperatorem Domine conserva Imperator Caelestis Terrenos Reges Rectae Fidei conservatores custodi O Lord conserve the Pious and Christian Emperour O Coelestial Emperour defend Earthly Kings Conservers of the Right Faith The first Acclamation was for the Dead wherin the Cardinal forgot to express the name of Francis the 1. and Hen. 2. who had contributed their care and zeal for the good of the Council The second was for living Princes wherin he also omitted the name of Charles 9. for which the said Cardinal was blamd at the King of France his Council He excusd himself that it was for the fear he had to put division between the two Kings and withal that Charles of France being yet a minor he was like to be troubled about matters of Religion in regard of the Hugonots and might have need of King Philip therfore it was no wisdom to exasperat Him Thus have you a kinde of Epitome of the great Council of Trent specially of the celebrous Contests Intrigues Competitions and Artifices twixt France and Spain in point of Prerogative of Place and Priority of Session The next Contest was at the Congress of Ambassadors in Vervins 1598. touchd at before where the French Ambassadors receivd an Accommodation by the moderation of the Cardinal of Medici The manner of this Accommodation was thus The Cardinal Legat being under a Cloth of State at the end of the Table where the Treaty was to be held had upon his Right-hand the Nuntio and next Him the Spanish Ambassadors upon his Left-hand the Legat had the French Ambassadors and in that posture they proceeded to negotiat and Treat without any exception or animosities wherby the Business producd peaceful and blessed effects wherof all Christendome did reap very wholsome fruit After this ther happend a tough competition upon the same account of Precedence in the Court of Rome and when the Spaniard could not prevail there He went to the Emperours Court Maximilian the second his neer Kinsman wher his Ambassadors had the Prerogative of Place before the Ambassadors of Charles the ninth King of France wherupon Gaspar Coligni protested loudly against this apparent injury and that it was a sufficient cause to denounce War But Mendosa the Spanish Ambassador being much pressd hereabouts and reducd to a narrow streight found out at last this witty evasion saying Se nolle quidem anteire tamen cogi non posse ut Francorum Legatos sequeretur If He did not go before yet He could not be forcd to follow the French Ambassador Besoldus with others who are great Advocats for the Spanish Precedence beat their Brains to find out arguments to that effect amongst which the greatest is the multitude of Dominions that have accrued to the Spaniard whence they deduce this Principle Ex facto sumitur Ius Right is to be taken out of the Fact and the Fact being changd the Right also changeth Therfore the Fact and circumstances of things being changd on the Spaniards side and respect had to his encrease of Territories and present condition it may well alter the former custome of giving precedence to France Then he takes the Cudgels against England in behalf of Spain notwithstanding that he acknowledgeth out of Meteranus that the English are the most ancient Christians and that Germany his own Country owes her Religion first to Them That the Kings of England are descended of the Noblest Families of any which makes him instance in King Cunobelinus whose Coyn is to be seen to this day who raignd in Great Britain about our Saviours Nativity He alledgeth further how the King of England is feodary or subordinat to no earthly Power but is Gods immediat Vicar in his own Dominions yet he concludes simply and irrationally in these words Verùm Angli nimis antiquis argumentis pugnant praesenti Majestati Hispaniae aequiparandi minimè esse videntur The English fight with too ancient arguments and seem not to be compard to the present Majesty of Spain He speaks also as simply and indeed not without some absurdity when after those uncontroulable arguments he saith Sed porro absonum est quod Anglus Hispano Sessionis litem movet It is a senseless thing that the English shold move any debate with the Spaniard for privilege of Session And another great Champion for the Precedence of Spain viz. Diego Valdez discourseth as weakly for notwithstanding that he acknowledgeth Lucius to be a Christian King of England in the time of Pope Eleutherius which was many hundred years before ther was any in Spain that he confesseth that Summa Ratio est quae ducitur à Religione yet he wold not have England compare with Spain in point of Precedence wherby he discovers not only a great deal of injustice and partiality but also a gross Ignorance in Antiquity by calling Lucius King of England wheras this Country had not that Name till the Saxons came in which was above three hundred years after For till then t was calld Britannia by all Forreners and Loegria or Lloygher by the native Inhabitants which name continues among the Welch to this day Nor is this His Error alone but of many other great Antiquaries and some of our own Authors who having no due regard to the computation of time do very frequently call this Country England many hundred of years before the word was created Thus have we producd and faithfully alledgd the principal Arguments that France hath for a Precedence We will conclude with two late Passages which happend in this kind One was in the Hague twixt Monsieur de Thou and Don Estevan de Gamarra the Spanish Ambassador whose Coaches meeting casually in a place where ther were two Rails ther happend a scustle for Precedence but a band of Soldiers came and kept them quiet till notice was sent to the Council of State who sitting three or four hours about it at last they gave command that the Rails shold be cut down and so the way being left open the scustle ended The second was in London twixt Monsieur l' Estrade and the Baron de Batteville both of them Ambassadors at the English Court the latter for the King of Spain the other for France A new Danish Ambassador was to make his Entry through London and His Majesty of
first though t was not concocted to good blood until Osius did it What great favours and indulgence did the poor persecuted Christians receave from â—…rajan from Elius Hadrianus from Antoninus Pius from Theodosius all Spanish Emperours in the time of the ten Persecutions How strongly did Spain tug with the Arrian Heresie till she was quite put upon her back and at last converted The Albigenses in France who had such nefarious and indeed nefandous Principles As that it was lawful to destroy Churches To pull down Crosses To have Wives in common That the Humane Soul was of Gods making but the Body of the Devils c. I say that these ugly Heretiks were principally converted by St. Dominik and by Didacus Episcopus Oximensis both of them being Spaniards and sent by Pope Innocent 3. expresly for that service in the raign of Lewis 7. of France wherin also Blanche Queen of Spain took much pains with great success How much did Charles the fifth labour to quell Luther and to crush the Cocatrice in the shell which causd this Distik to be made in those times of him and Henry the Eighth of England Carolus Henricus Christi Defensor Uterque Henricus Fidei Carolus Ecclesiae Charles and Henry both Defendors of Christ Charles of his Church Henry of his Faith And Spain is so zelous a Christian that t is not only sufficient for her to abstain from Heresie but from the very suspition therof which made her to erect and raise up that wall of brass against it I mean the Tribunal of the Inquisition By which sacred Office the Vineyard of the Lord in the Spanish Dominions is kept free from brambles and thorns with all noisome weeds T is preservd and hedgd therby from all wild ravenous Beasts that so much annoy her in other Kingdomes and set fire on her skirts so often which Spain by the most prudent and pious establishment of this holy Office is so happily made free Moreover ther have bin no Kings so eminently liberal and munificent to the holy House of God together with their Governors and Ministers as the Kings of Spain have bin in all Ages insomuch that a computation hath bin made that well neer the third part of Spain are spiritual Revenues and the third part of the Churches have bin founded by Kings The Archbishop of Toledo is the greatest Ecclesiastical Dignity in Christendome next the Papacy for it hath above 300000 Crowns annual Revenues which countervails three of the best Archbishopriks in France Nor have the Catholik Kings thought it any derogation to make their Sons Archbishops of that place and Chancellors of Castile Furthermore ther hath bin a late calculation made That of those five or six hundred Millions of Tresure that hath bin transported to Spain from Mexico and Peru since the discovery of the West-Indies the Church hath the tenth part insomuch that in some petty Rural Churches one shall see huge massie Candlesticks of Silver with large Chalices Pixes Crosses and Crucifixes some of them of massie Gold and inlaid with precious 〈◊〉 Nor is this Tresure lost that is given the Church For the Clergie of Spain have bin always ready to serve and assist their King in all his exigents and necessities insomuch that it is a saying in Spain That los tesoros de la yglesia son como 〈◊〉 contra â—…na tormenta The tresures of the Church are as anchors against a storm Adde herunto that no Kings of Spain have felt the fulminations of the Vatican viz. the sentence of Excommunication as other Kings have done But they have always obeyd with much exactness the Doctrine of the holy Church resigning their Intellectuals and the whole inward man to the determinations therof as also to defend them against all Opposers wheras divers French Kings have had clashes and frequent contestations with the holy Father What high feuds had Philippe le Bel with Pope Boniface 8 for he passd an Edict of Interdiction that none of his Ecclesiastiks shold have commerce with Rome He obeyd not the Pontificial censures but toar his Letters detaind his Legats and convoqud a Provincial Council in Paris against his order wherin ther were Accusations of Simony and Schism obtruded against him But all this while the Kings of Castilâ—… and Aragon adherd to his Holiness as being the Head and Common Father of the Catholik Church Lewis the eleventh of France against the Ecclesiastical Liberties did institut the Pragmatical Sanction enforcing the Pope to assent therunto wherby all the Canoâ—…cal Laws and Discipline fell in France as Mausonius observes Charles 8. enterd Rome against the Popes will and did as good as war with him as with an enemy but the Catholik King Ferdinand 5. adherd to him to very good purpose Touching Lewis 12. what a bitter enemy he was to the Apostolik seat what troubles he excited against Iulius 2. which gave the first countenance and rise to those Heresies that have pullulated in the Church and so miserably torn the very Bowels of her ever since Philip 2. of France repudiating his lawful Wife married another not only without the consent of Celestin the holy Father but against the opinion of his own Ecclesiastiks whom he handled with so much rigor and tyranny Philip the first of France did no less bandy against the Decrees of the Church in divers things and did likewise cast off his Legitimat Wife and forcd another Lewis 6. of France did so persecut the holy Church that he drew Anathemas and spiritual Execrations upon him Lewis 7. of France had such contentions with Pope Innocent 〈◊〉 that he remaind under the heavy sentence of Excommunication three full yeers Charles le Bel was so highly disobedient to Pope Iohn 23. that he interdicted to pay him his Tenths and other Ecclesiastik Rights Francis 1. and Hen. 2. of France to their eternal reproach calld in the Turk to their assistance against the Christian Emperour Of all which particulars ther are Authentik Historians who make mention and leave it upon record to all Posterity But the French speak very loud how Charles the fifth raisd such a fierce war against Clement 7. that he besiegd Rome and made the Pope prisoner T is confessd but it was upon a pure temporal score yet he resented it so much that it drew repentance from him nor did he grieve a whit that his General the Duke of Bourbon was killd as he was scaling the walls of Rome because he had exceeded his commission Nor when the news came to Spain of the success of the Emperours Army was any joy of triumph shewd at all but rather a dark sadness and all the signes of sorrow which possessd him to his dying day And for a compensation to the Holy Father he establishd his Nephew in the State of Florence Thus have we collected the Reasons and Arguments of these three great Monarks in order to a Precedence of Place and Superiority Concerning the Reasons of the two latter
of that Country to whom he is sent will be apt to think that the Prince whom he personats is so We read that Artaxerces culld out sorty of the hansomst men that could be found to send in quality of Ambassadors to Alexander who were also hansomely clad so that it was a question whether they were a greater ornament to their Garments or their Garments to them as the Greeks said An Ambassador being employed from England to Rome with a train of very comely Gentlemen the Pope beholding them said Hi videntur potius Angeli quam Angli These appeer rather to be Angels then English-men Aristotle being askd why outward beuty and comliness begat so much love answerd That this was a Blind-mans question 4. That he shold be well in yeers for Experience being the great Looking-glass of Wisdome and Wisdome being the principal Vertu requird in an Ambassador Men that have many yeers on their backs qui ont pisse en beaucoup de neiges as the Frenchman saith must needs have more experience by observing the vicissitude of worldly things and the successes therof who have passed the unruly affections of Youth which like so many Mastiffs do daily set upon us Senators or Counsellors of State are denominated from Senes Old men and an Ambassador who may be rankd among the highest Counsellors of State shold be so T is a tru saying Qui in multis versati versuti sunt 5. That he shold be of a proportionable good Estate and not indigent for then he will be the more sedulous diligent and careful in his charge because he hath something to loose for his Estate may be said to be his Bayl all the while he is abroad Moreover it will add much to the reputation of an Ambassador if he be known to be rich 6. He must be liberal and munificent remembring the Person whom he represents for a sordid parsimony and niggardness is odious in all men specially in an Ambassador The Spaniaro saith That Dadivas entran sin taladro Gifts make their way in without a Wimble and nothing concerns an Ambassador more then to make his way into the Consults and Transactions of state of that Court where he resides which cannot be done if he be close-fisted When Sulpitius Galba and Aurelius Cotta did contend who shold be sent to Spain Ambassador in the time of Viriatus Emilianus one of the Senators said That neither of them was fit for the one was poor and the other was covetous thâ—… one had nothing and nothing wold satisfie the other Ther is a remarkable passage in Iovius That when the Florentines sent Ambassadors to Charles 5. and Clement 7. being then at Bolonia together with their houshold-stuff they brought covertly many rich Commodities to sell because they might be free from paying the Gabel But the Searchers of the Custome house having discoverd it they became a laughing-stock and as unworthy of the Office of Ambassadors they were remanded home without audience By this example it appeers that Ambassadors Luggages may be searchd Wherunto we may add another of Sir Thomas Chaloner sent Ambassador to Spain by Queen Elizabeth who sending complaint home that his Chests had bin searchd the Council sitting therupon determind as Campden hath it in these words Legato omnia aequi bonique ferenda dummodo Principis Honor non directè violetur An Ambassador must bear all things patiently provided that the Honor of the Prince whom he serves be not directly violated 7. He must be accostable and courteous and not of a moross humor yet reserving still his staâ—…e and gravity when time place and persons require Urbanity and gentleness works much upon all affections and he is a cheap Frend who is got by a Complement Therfore it becomes and behoves an Ambassador to comply with all in civilities by being of a winning complacentious and benign behaviour yet not to make himself too cheap and to have a special care where he placeth his Complements 8. An Ambassador also must be constant and tenacious of the Religion of his Prince and Country both in the confident profession and constant practice therof if he cannot publikly yet privatly within the walls of his own House for nothing raiseth a repute more then an opinion of Piety Therfore he must be very careful in the choice of his house that it be fair and large and a good distance from the Court otherwise he may be pesterd with too many Visiters that will have their feet under his table ever and anon He must be also constant to the habit and vests of his own King and Country For he who doth not follow the fashion of his Prince herin may be said Exuere Personam and this was imputed as a great fault and fantastiqueness in my Lord Rosse when he went to Spain in King Iames his time who appeerd at his first Audience and continued afterwards in the Spanish habit An Ambassador must be also very careful in the choice of Liveries for his Pages and Laquays that they be rich and fair but not fantastical As likewise that he be well Coachd and that his Coach be well drawn by good Horses for nothing sets forth the lustre of an Ambassador more The sixth Paragraph Touching the Election and appointment of an Ambassador that He shold be Par Negotio or adaequat to the Employment He goes about THe discretion and prudence of a Prince discovers it self in nothing more then in the choice of his Instruments The old Poet tells us If Carpenter have not good Tools He makes ill-favourd Chairs and Stools But of all other Instruments and Officers ther must be most inspection had in the choice of his Ambassador for as the incolumity of the Kingdome depends upon the King so the welfare of the King depends much upon the ability of his Ambassador Therfore this trustful Charge this sacred Function must not be prostituted to evry one for Ex quolâ—…bet ligno non fit Mercurius Evry one is not cut out for a Mercury that is an Ambassador for Mercury is accounted the God of Ambassadors The Romans for a time did choose Ambassadors Sortilegio by Lots as the Venetians now choose their Doge and this was to prevent competitions and corruptions Some were chosen Togâ by the Gown for their wisdome some Sago by the Cassock â—…or their experience in the War according as the quality of the present business did require and indeed t is a great advantage to an Ambassador to have something of a Soldier in him howsoever he must go always Cinctus gladio with his Sword by his side and the Prince who sends him must have also his Sword in his hand though he treats of peace The principalst quality requird in him is to be Intrepidus to be fearless resolut and stout He must not be pusillanimous and sheepish for the witty Proverb will tell him Chi pecora si fà il lupo se la mangia Who makes himself a sheep the wolf will
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