two of the fairest flowers in the English Crown in lieu wherof it may be sayd ther is set in an ear of barly with a Chimney Wallflower ther is froth and fume given in exchange which doth so much sully the luster of it for as I intimated before the state and plenty of the Court was accounted the greatest glory of the Crown of England as Forren Authors of most Nations do acknowledg in their public Writings Now wheras some do affirm that the yeerly benefit of the Excise doth make a full compensation for the Court of Wards and tenures in Capite out of which ther was also computed fifty thousand pounds yeerly towards the Diet at Court It is too well known that the said Excise doth not make the King any Equivalent satisfaction for his Tenures alone if well managd much less for his Pourvoyances Preemptions and Carriages For ther was an exact account made by his Majesties special command of the last yeers expence that ther were Seventy three thousand six hundred and seven pounds fourteen shillings and seven pence spent more in the Court-diet and provision of the Stables then were in the time of Pourvoyance besides the extraordinary charge of Carriages for his Removes and Navy Royal. Now in expending those provisions that were servd into the Court by way of Pourvoyance and Composition ther was the greatest care and Oeconomical good husbandry usd that possibly could be for when ther were more Beefs and Muttons with other provisions servd in then the Court wanted The faithful Officers of the Green-cloth caused them to be Sould and with the moneys arising thence they were commonly usd to buy Napery and other Houshold-things for the service of the Kings House as also in paying the arrears of som of his Servants wages with the surplusages But now that we dance after the French Fiddle so fast as we always did so for the back and now begin to follow him also in things relating to the Belly by Board-wages c. I wish the time may not come that we do not follow him too farr As that one cannot put a grain of Salt in his pot unless he buy it of the King wherby in making Salt his own Commodity the French King raiseth by the meer Gabel which ariseth thence above 20 millions of Livres evry yeer which is two millions Sterling which sum is twice more then the King of Great Britain hath from all Incoms whatsoever as Crown-lands Customes and Imposts Excise and Chimney-money with other perquisits and casualities And as the French thus cannot put a grain of Salt in his pot so the Spaniard cannot put a corn of Peper into his Olla unless he hath it from the King Nor can he buy a pair of Cards or Dice to pass away the time withal unless he hath them of the King Nay he cannot buy half a sheet of Paper to write either Bond or Bill Acquittance or Receit or other legal Instrument but he must buy all of the King Which adds millions to his yeerly Revenues yet the peeple of Spain are cryed up for a free peeple But touching the Imposition of Excise which is given the King for his Royal Tenures and House-keeping I well remember the time that Excise was held such an abominable word that my Lord Carleton but only for naming it once in the Parlement-House yet to no ill meaning at all was violently cryed to the Bar and though a person of that eminence as being then a Privie Counsellor and principal Secretary of State he hardly escapd being committed to the Tower The Excise was then calld the Dutch Devil because it came first from Holland with other fine words as plunder storming c. which were all made free Denizons of England by that so longd-for Long Parlement And observable it is that the first imposing and use of Excise in England was to enable Rebels to make War against their King and Country Having thus briefly run over the Sumptuary part of the English Court we will now proceed to the Servants and Officers to the Attendance and State thereof which comes not behind any other Court whatsoever And this might be the ground of that ancient Proverb in England and nowhere els There is no Fishing to the Sea nor Service to the Kings The Court is the randevous of Vertu of Cadets and persons well qualified It is the Scale by which they rise the King being the fountain of Honour as well as of Bounty But before we come to speak of the Officers at Court and of their Diet and Bouche which by a pitiful corruption is vulgarly calld budg wheras it is bouche a mouth therfore it is a French phrase Il a bouche à la Cour He hath a mouth at Court viz. he hath a Diet I say before we come to speak of the Dishes and Diet at Court let the Reader take this small Advertisement in the way that evry Dish at Court was computed to cost the King viis modis at the years end 100 l. a dish But now since the Preemption and Pourvoyance is taken away evry dish doth stand in four times as much at least The Kings Court or Houshold The Lord Great Chamberlain and Earl Marshal are rather Officers of State and as it were extraneous in relation to the Houshold so in a manner are the four Officers of the Crown who use to have Houses abroad viz. The Lord Chancellor or Keeper of the Great Seal of England The Lord high Tresurer The Lord Privie Seal The Lord high Admiral But the properst Domestick Officers are as follow viz. The Lord Steward of the Houshold who hath allowed him evry day besides his Fee 32 dishes The Tresurer of the Houshold 32 dishes and besides his table he hath a Fee of 123 l. 14 s. 4 d. The Controuler besides thirty two dishes a day hath a Fee of 167 l. 17 s. 4 d. The Cofferer besides his Table hath 100 l. The principal Secretary of State hath besides his Table 100 l. The Secretary for the Latin Toung Fee 40 l. The Secretary for the French Toung Fee 66 l. 13 s. 4 d. The Clerks of the Signet Fee every one 40 l. Four Clerks of the Privie Council Fee evry one 50 l. Clerk of the Council in the Star-chamber Fee 26 l. 13 s. 4 d. Two Clerks of the Parlement Fee The first 40 l. Two Clerks of the Parlement Fee The second 10 l. Clerk of the Market Fee 20 l. Post-master Fee 20 l. Thirty standing Posts appointed by the Post-master evry one Fee 18 l. 5 s. Two Carriers To one 24 l. 3 s. 4 d. Two Carriers To the other 12 l. Officers above Stayrs Lord Chamberlain of the Houshold besides his Table of thirty two dishes a day hath a Fee 100 l. The Groom of the Stole who is always a Gentleman of the Bed-chamber hath evry day 32 dishes Vice-chamberlain Fee 100 Marks Knight-Marshal Fee 100 Marks The Gentlemen of the Privie Chamber whose
s. 4 d. Yeoman fee 5 l. Groom fee 2 l. 13 s. 4 d. The Wood-yard Sergeant fee 11 l. 8 s. 1 d. ob Four Yeomen fee evry one 5 l. Four Grooms fee evry one 2 l. 13 s. 4 d. Two Pages fee evry one 2 l. Two Wood-bearers Largess to them at Midsummer and to the Grooms of the Kings Hall 5 l. Six Porters and Scowrers Largess at Easter 5 l. Porters of the Kings Gates Three Yeomen fee evry one 5 l. Three Grooms fee evry one 2 l. 13 s. 4 d. Master of the Horse Besides thirty two Dishes per diem fee 100 l. In whose gift are the chief Avenor fee 40 l. Fourteen Escuyers fee evry one 20 l. Clerk of the Stable fee 16 l. 14 s. 7 d. Three Survayors fee evry one 16 l. 14 s. 7 d. Sergeant of the Carriages fee 22 l. 16 s. 3 d. Six Riders fee evry one 30 l. Sixteen Foot-men fee evry one 20 l. Eight Coach-men fee evry one 18 l. 5 s. Yeoman of the Stâ—…rrop fee 13 l. 13 s. Three Sadlers fee evry one 9 l. Six Litter-men fee evry one 10 l. Four Yeomen-Pourvoyers 12 l. 10 s. Three Yeomen-Granators 13 l. Yeomen of the Male fee 12 l. 13 s. 4 d. Sargeant-Ferrier fee 20 l. 15 s. 8 d. Three Yeomen-Ferriers fee 9 l. Yeoman-Bittmaker fee 6 l. 1 s. 8 d. Yeomen of the close Cart fee 12 l. 8 s. 1 d. ob Sixty four Grooms fee evry one 18 l. 5 s. The Tents Master fee 30 l. Controuler fee 12 l. 3 s. 4 d. Clerk fee 13 l. 6 s. 8 d. Keeper of the Tents fee 10 l. Yeoman his fee 9 l. 2 s. 6 d. Groom his fee 5 l. Revels Master fee 100 l. Yeoman fee 9 l. 2 s. 6 d. Four Masters of the Requests fee a piece 100 l. Hunting Master fee 18 l. 5 s. Sargeant fee 11 l. 8 s. 1 d. ob Officers and others serving under the Master Wages and Allowance for them 113 l. 6 s. 8 d. Harriers Master fee 18 l. 5 s. Officers and others subservient to the said Master Wages and Allowance for them 79 l. 1 s. 8 d. Otter-hounds Master fee 13 l. 6 s. 8 d. Buck-hounds Master 12 d. per diem for himself and to sundry Hunters serving at his appointment 50 l. Two Sargeants fee each 20 l. Two Yeomen-Prickers fee each 9 l. 2 s. 6 d. For meat for the Hounds to the Grooms 13 l. 6 s. 8 d. Musicians and Players Sargeant-Trumpeter fee 40 l. Sixteen Trumpeters fee evry one 24 l. 6 s. 8 d. Two Luters fee evry one 40 l. Two Harpers fee evry one 19 l. 5 s. Eight Singers fee evry one 6 l. 13 s. 4 d. Allowance to six Children for Singing 50 l. Rebeck fee 28 l. 6 s. 8 d. Nine Minstrels 151 l. 15 s. 4 d. Six Sackbutts fee evry one 24 l. 6 s. 8 d. Eight Viols fee evry one 20 l. Three Drumsteds fee evry one 18 l. 5 s. Two Players on the Flute fee a piece 18 l. 5 s. Two Players on the Virginals fee a piece 30 l. Seven Musician-strangers 183 l. 6 s. 8 d. Eight Players of Enterludes fee evry one 3 l. 6 s. 8 d. Two Makers of Instruments fees 30 l. Surgeons Two Surgeons fees between them 60 l. Two other fees to both 40 l. Two more fees between them 20 l. Three Physicians fees evry one 100 l. Three Apothecaries fee evry one 26 l. 13 s. 4 d. Astronomer fee 20 l. The Kings Barge Master fee 16 l. 8 s. 1 d. Twenty five Water-men for the Barge one 8 l. 1 s. 8 d. Another 6 l. 1 s. 8 d. The rest evry one 2 l. Artificers Stationer fee 26 l. 6 s. 8 d. Printer fee 4 l. Cutler fee 6 l. 1 s. 8 d. Weaver fee 9 l. 2 s. 6 d. Wheelwright fee 18 l. 5 s. Crossbow-maker fee 6 l. 1 s. 8 d. Coach-maker fee 10 l. Clock-maker fee â—…8 l. 5 s. Budget-maker fee 6 l. 1 s. 8 d. Feather-dresser fee 13 l. 6 s. 8 d. Lock-smith fee 2 l. 13 s. 4 d. Arrowhead-maker fee 6 l. 1 s. 8 d. Buckler-maker fee 3 l. 0 s. 8 d. Handgun-maker fee 24 l. 6 s. 8 d. Graver of Stones fee 20 l. Sargeant-Painter and others under him 100 l. Arbour-maker and Planters of Trees 25 l. 10 s. Stillers of Waters fee 40 l. Bowyer and Fletcher fee a piece 9 l. 2 s. 6 d. Clock-keeper fee 12 l. 13 s. 4 d. Keeper of the Libraries 13 l. 6 s. 8 d. The Kings Works Surveyor for himself one Clerk Boat-hire and Riding-charges 142 l. 19 s. 2 d. Controuler of the Works fee 18 l. One Clerk fee 9 l. 2 s. 6 d. Clerk of the Engrossment of the pay-book 18 l. 5 s. Pourvoyor fee with charge of a horse 18 l. 5 s. Paymaster fee 12 d. per diem 18 l. 5 s. Keeper of the Store-house fee 11 l. 8 s. 1 d. Clerk of the Check fee 10 d. per diem 15 l. 4 s. 2 d. Clerk of the Controulment 10 l. 12 s. 11 d. Carpenter fee per diem 12 d. 18 l. 5 s. Plummer fee per diem 12 d. 18 l. 5 s. Mason fee per diem 12 d. 18 l. 5 s. Joyner fee 19 l. 9 s. Glasier fee 36 l. 10 s. Survayor of the Mines fee 36 l. 10 s. Devisor of the Buildings fee 36 l. 10 s. Kings at Arms and Heralds Garter Principal King at Arms fee 40 l. Clarencieux King at Arms fee 30 l. Norroy King at Arms fee 20 l. Kings Heralds seven fee evry one 13 l. 6 s. 8 d. Poursuyvants at Arms four fee apiece 10 l. Sargeants at Arms twenty five fee evry one 18 l. 5 s. Standard-bearer fee 100 l. Banner-bearer fee 100 l The Admiralty Lord High Admiral of England fee 300 Marks Vice-Admiral fee 100 Marks Two Clerks fee of the one 18 l. 5 s. Two Clerks fee of the other 15 l. 1 s. 8 d. Boat-hire upon all occasions 10 l. Riding-charges during his travel per diem 10 s. Tresurer of the Navie fee 100 Marks Two Clerks fee 8 d. per diem 24 l. 6 s. 8 d. Riding-charges upon occasion per diem 6 s. 8 d. Master of the Ordnance fee 100 Marks Three Clerks fee among them per diem 3 s. 4 d. Boat-hire upon all occasions 8 l. Riding-charges per diem 6 s. 8 d. Controuler of the Navie fee 50 l. Two Clerks each per diem 8 d. Boat-hire 8 l. Riding-costs per diem 4 s. Survayor fee 40 l Two Clerks each per diem 8 l. Riding-coâ—…ts per diem 4 s. Boat-hire upon all occasions 8 l. Clerk of the Ships fee 33 l. 6 s. 8 d. Boat-hire upon all occasions 6 l. Riding-costs per diem 3 s. 4 d. Clerk of the Store-house at Deptford fee 33 l. 13 s. 4 d. One Clerk subservient 6 l. Pilot fee 20 l. Victualler of the Navie fee 58 l. One Clerk per diem 8 d. Riding-costs per diem 5 s. The Ordnance Master
of the Ordnance fee 151 l. 11 s. 8 d. Two Clerks one per diem 10 d. Two Clerks the other 8 d. Surveyor fee 36 l. 10 s. One Clerk per diem 8 d. Riding-costs per diem 6 s. Lieutenant of the Ordnance fee 100 Marks One Clerk per diem 8 d. Boat-hire upon all occasions 8 l. Riding-costs 0 s. 0 d. Keeper of the great Store fee 40 l. Clerk per diem 8 d. Riding-costs 0 s. 0 d. Keeper of the small Store fee 40 Marks Riding-costs 0 s. 0 d. Clerk of the Deliveries fee 20 l. Master-Gunner of England fee per diem 2 s. 6 d. 〈◊〉 maker fee per diem 12 d. 18 l. 5 s. Saltpeâ—…er-maker fee 18 l. 5 s. Two Gun-founders 33 l. 9 s. 2 d. Gun-smith fee 6 d. per diem 9 l. 2 s. 6 d. Engin-Artificer fee per diem 4 d. 6 l. 1 s. 8 d. Master-Carpenter fee per diem 8 d. 12 l. 3 s. 4 d. Ordinary Gunners or Cannoneers one hundred and nine fee 1161 l. 18 s. 4 d. Yeoman of the Ordnance fee per diem 9 d. 13 l. 14 s. 1 d. The Tower of London Constables fee 100 l Lieutenants fee 200 l. Porters fee 9 l. 2 s. 6 d. Yeomen-Waiters or Warders fee 9 l. 2 s. 6 d. Allowance for Fuel 6 l. 13 s. 4 d. Keeper of the Lions c. fee 36 l. 14 s. 6 d. Carpenter fee 12 l. 3 s. 4 d. Keeper of the Wardrobe fee 12 l. 13 s. 4 d The Armary Master of the Armary fee 31 l. 18 s. 9 d. Armarers under the Master twenty one at 36 l. Five evry one at 20 l. Three evry one at 15 l. The rest evry one at 9 l. 2 s. 6 d. The Mint Master or Tresurer of the Mint fee 100 l. Controuler of the Mint fee 100 Marks Assay-master fee 100 Marks Clerk of the Mint fee 10 l. Auditor of the Mint fee 44 l. 6 s. 8 d. Allowance for Paper 〈◊〉 and other necessaries 10 l. Teller of the Money fee 33 l. 6 s. 8 d. Survayor of the Melting-house fee 26 l. 13 s. 4 d. Clerk of the Irons fee 13 l. 6 s. 8 d. Chief Graver fee 30 l. Chief Finer fee 10 l. Sinker of Irons fee 10 l. Three Melters fee evry one 13 l. 6 s. 8 d. Two Branchers fee evry one 13 l. 6 s. 8 d. Pourvoyer fee 10 l. Pot-maker fee 10 l. Porter fee 10 l. Diet to all these Officers by the week 1 l. 10 s. The high Court of Chancery Lord Chancellor or Lord Keeper of the Great Seal of England fee per diem 23 s. 419 l. For his attendance in the Star-chamber 200 l. More by name of Annuity 300 l. Robes out of the Wardrobe 40 l. Wine out of the Butlery twelve Tuns 72 l. Wax out of the Wardrobe 17 l. Sum. allocat per an 1048 l. Master of the Rolls fee 34 l. 15 s. 8 d. Livery out of the Hamper 28 l. 8 s. 4 d. Masters of the Chancery fee apiece 6 l. 13 s. 4 d. Clerk of the Crown fee 20 l. Livery for Summer and Winter 26 l. 13 s. 4 d. Protonotary fee 33 l. 13 s. 4 d. Clerk of the Hamper fee 43 l. 13 s. 4 d. Annuity 40 l. Livery for himself and his Clerk 6 l. 13 s. 4 d. Controuler of the Hamper fee 10 l. Enrollers of Evidences fee 20 l. Seal fee 6 l. 16 s. 10 l. Livery â—…0 s. Sargeant at Arms fee 18 l. 5 s. Cryer Fee and Livery 7 l. 16 s. 10 d. Chafer of Wax 7 l. 6 s. 7 d. Necessary charges of Wax Parchment Paper Riding Coats and other yearly Expences 220 l. The Privie Seal Lord Keeper of the Privie Seal fee per diem 1 l. Allowd for his Table at Court 345 l. Clerks of the Privie Seal fee apiece 50 l. Four Masters of the Requests fee apiece 100 l. The Kings Bench. Lord Chief Justice of the Kings Bench who holds his place onely by a short Writ not by Patent as others do for his Fee Reward and Robes 208 l. 6 s. 8 d. Wine two Tuns 10 l. Allowance for Justice of Assize 20 l. To three Justices assistants Fee Reward and Robes apiece 128 l. 6 s. 8 d. Allowance to evry one as Justice of Assize 20 l. Clerk of the Crown fee 10 l. Livery out of the Wardrobe 6 l. 13 s. 4 d. Protonotary fee 26 l. 13 s. 4 d. Keeper of the Writs and Rolls fee 8 l. Cryer fee 6 l. 13 s. 4 d. The Common Pleas. Lord Chief Justice of the Common Pleas Fee Reward and Robes 141 l. 13 s. 4 d. Wine out of the Butlery two Tuns 8l Allowance for keeping the Assize of the Augmentation-Court 12l 10s Allowance for Justice of Assize 20l. Three coadjutant Justices Fee Reward and Robes to evry one 128l 6s 8d Allowance for being Justices of Assize 20l. Attorney-General fee 61l Allowance for being Justice of Assize 20l. Sollicitor-General fee 50l Keeper of the Writs and Rolls fee 4l Four Sargeants at Law to each Fee Rewards and Robes 26l 6s 8d Allowance as Justice of Assize 20l. Allowance for keeping the Assizes of the Court of Augmentations 12l 6s 8d Cryer fee 5l Chief Officers of the Kings Revenues and of the Exchequer The Lord High Tresurer of England fee 368l Robes out of the Wardrobe 15l 7s 8d Wine so many Tuns Impost free 0l 0s 0d Allowance for Diet 0l 0s 0d Chancellor of the Exchequer fee 113l 6s 8d Livery out of the Wardrobe 12l 17s 4d Tuns of Wine Impost free 0l 0s 0d Officers of the Exchequer-Court Lord Chief Baron fee 100l Livery out of the Wardrobe 12l 17s 4d Allowance for being Justice of Assize 20l. Tuns of Wine Impost free 0l 0s 0d The Barons of the Exchequer to each fee 46l 13s 4d Livery out of the Wardrobe 12l 17s 4d Allowance for being Justices of Assize 20l. Other Officers of the Exchequer The Kings Remembrancer fee 55l 17s 4d Livery out of the Wardrobe 4l 12s 4d The Lord Tresurers Remembrancer fee 46l 2s 1d Livery out of the Wardrobe 2l 13s 4d Clerk of the Pipe fee 65l 4s 2d Livery c. 2l 13s 4d Under-Tresurer of the Exchequer fee 73l 6s 8d Livery c. 4l 6s 8d Seven Auditors fee evry one 10l Forren Opposers fee 16l 13s 4d Clerk of the Extreats fee 15l Clerk of the Pleas fee 5l Clerk of the Summons fee 4l Two Marshals fee apiece 4l Two Deputy-Chamberlains fees apiece 2l 10s Two Secondaries in the Kings Remembrancers Office fee evry one 8l Two Secondaries in the Pipe-Office fee 5l Four Secondaries in the Tresurers Remembrancers Office fee evry one 4l Clerks of the Tallies fee evry one 17l 10s Clerk of the Pell fee 17l 10s Four Tellers fee evry one 13l 13s 4d Clerk in the Pipe-Office for offring Amercements fee 9l 13s 4d Clerk in the Office of the Kings Remembrancer fee for writing the Fines Issues and Amercements due to the King evry year 15l 6s 8d Clerk in
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
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
that notable Virago bestir her self how suddenly was there a great Fleet in a readiness and an Army by Land how magnanimously did she view her Musters and encouragd the soldiers riding up and down with a Plume of Feathers in her Hat like another Boadicia So that mighty Armada passing through the narrow Seas as far as the Downs her great Galeons were so plyed and pelted by the English ships that they were utterly overthrown only some few fetching a compass about Scotland got safe to Spain to bring news what became of the rest I have been somwhat overlong in this Paragraph but ther shall be a compensation made for the Prolixity thereof by the Brevity of those that follow The Fifth Paragraph That the King of Great Britain hath as stout and strenuous sturdy Free-born Peeple to his Subjects as any other King with as generous a Country and Generality of Wealth I Will begin this Paragraph with a late eloquent Character that an Italian Nobleman the Count Alfonso Loschi of Vicenza gives both of the Peeple and the plenty of England in his late printed Volume calld Compendi Historici La popolatione d' Inghilterra è innumerabile gli huonimi sono disposti ben organizati grandi di corpo di faccia serena bianca rubicunda nella guerra terribili audaci nelle risolutioni precipitosi crudeli Qe Donne riescono à Maraviglia belle gratiose can la Leggiadria del vestito rapiscono I cuori Inghilterra vanta non immeritamente titolo di Monarchia in expressione gieroglifico di che tiene il Re di sotto allo scettro la palla per figura della dominatione del mondo Non cie Potentato che con armata maritima possa approdare à liti à quali servendo per mura l' Oceano per isbarco sicurissimi arenosi recessi non vimprontano l'orme piedi stranieri se ben spesso con Intestine seditioni non havesse contro le proprie viscere rivolto le seditioni l'armi riuscirebbe indomabile ne cisarebbe potenza sopra l'Inglese L'aere salubre ricchezze grandissime li terreni fecondi minerali li pascoli abondanti delicati onde le lane d'Inghilterra tengono il primo luogo c. Which Character coming from so indifferent a Judge and so fresh an Author and a Personage of so high a Wit and Quality I thought worthy the rendring into English The Peeple of England are innumerable the Men welldisposd and organizd or limmd tallish of stature of comely Countenances white and reddish they are terrible in the Wars and bold headlong and cruel in their resolutions The Women are marvellously beutiful and handsome and by the quaintness of their Dresses do ravish hearts England not undeservedly glorieth of the Title of Monarchy by the Expression and Hierogliphic that the King bears under his Scepter which is a Globe or Ball that represents the Government of the world Ther is no Potentat whatsoever that with any Naval power can approach his shores wherunto the Ocean serving for a Wall with most secure and sandy Recesses for disimbarking the stranger cannot plant his foot And if England did not use so often to turn the sword into her own Bowels by intestine seditions she wold prove invincible and ther wold be no power above the English The Air is healthful mighty Riches the Soyl is plentiful and abounding with Minerals the Pasture luxurious and delicat whence it proceeds that the English Wool is incomparable This new noble Author when he comes to deliver his Opinion of France and Spain doth not speak half so much of either nor of any Country els for he treats of all the Kingdomes of Europe and of other besides Now it is taken pro concesso t is a truth granted by all that ther is no King hath more choice of lusty and stout Bodies to make soldiers of then the King of Great Britain hath in his Dominions ther is the English Welch Scots and Irish Nations that keep still entire their innated spirits and stoutness uncowd And this may be imputed to the Policy and Moderation of Government to the equal distribution of the VVealth and Plenty of the Country For the Yeoman and Franklin goes well clad hath wholsome Nutriment and as a return of his Labor from the grateful Earth hath wherwith to provide for his children that they may not encrease the number of Beggers It is not so in some Countries which made one say though ther may be some excess in the expression That the Yeomen and Freeholders of Kent are able to buy half the Peasants of France Such Subjects and such a Country the King of Great Britain commands which made Eumenius in his famous and elegant Panegyric to Constantin the Great to melt thus into her praises O fortunata omnibus beatior Terris Britannia quae Constantinum Caesarem prima vidisti Meritò Te omnibus Coeli ac Soli dotibus Natura donavit in qua nec hyemis est nimius rigor nec aestatis ardor In qua segetum est tanta foecunditas ut muneribus utriusque sufficiat Cereris Liberi In qua nemora sine immanibus bestiis Terra sine serpentibus noxiis Pecorum mitium innumerabilis multitudo lacte distenta onusta velleribus Certè quidem quod propter vitam diligitur longissimae dies nullae sine aliqua luce noctes dum illa littorum extrema planities non attollit umbras noctisque metam Coeli ac Syderum transit aspectus ut Sol ipse qui nobis occidere videtur ibi appareat solummodo praeterire O most fortunat Britain saith Eumenius more blessd then any other Country which didst first see Constantin Caesar Nature hath deservedly endowed thee with all Gifts both of Heaven and Earth In thee neither the excessive cold of VVinter nor the ardent heat of Summer doth offend the Inhabitant Thou swell'st with such a secundity of all kind of Corn that thou mayst be calld the Favorit of Ceres and Bacchus Thy Groves are without savage rapacious Beasts and thy Heaths without any poysonous Serpents Thy Fields are covered with innumerable multitudes of mild Cretures labouring with exuberance of Milk and laden with rich Fleeces For delightfulness of Life thy days are very long and no night but hath some glimpses of light the glorious Sun which sets and goes down in other Regions seems only to pass by thy Horizon From this temperatness of Clime and Fertility may proceed the Well-favouredness the Procerity as also the Health and Longaevity of the Inhabitants in regard Nature doth not finish her cours in the bodies of Males and Females so soon here as she doth in France and Spain For t is observd by all strangers that an English woman looks as fresh and beutiful at forty as a French or Spanish at five and twenty it being very ordinary for them to continue still teeming and
The Ninth Paragraph Touching the Prudential Laws and Constitutions of Great Britain relating to Prince and Peeple As also The Eminence and Variety of Honours which the King can confer c. VVHat the Arteries Nerfs and Cartilages are to the Body Natural the same are Laws to the Political they are the Ligaments of a Kingdom which connect and tie all sorts of peeple though of so many different humors in one Goverment and under one Souverain head The Common Law of England though in some things it differs from the Civil by which most parts of Europe are governd yet it hath the rationability and justness the general notions and aym of the Civil Law which is to preserve evry one in the possession of his own and the Souverain Prince in honour power and Safety The main quarrel against it is that it wants Method and that it is not reducible to any or capable to be digested into such a Pandect as the Civil Law is Wherunto it may be answered That the Common Law of England hath for its grounds 1. Custome 2. Iudicial Records And 3. Acts of Parlement or Statuts The two later being declarations of the Common or Customary Law of the Land are methodizd and digested to order as the book of Statuts c. whence the Sheriffs the Justices of peace and Constables with other Officers may learn their duties and how to execut their places and any subject els may know how to keep himself within the bounds of his obedience But the Common Law of the Land consisting of Cases Precedents and Judgments as also of Immemorial and Uninterrupted Municipal Customs which being no Written Things Therfore it is no wonder that the professors therof have not bin so curious to attempt hitherto the Methodizing of that Art which consists most of Custom and Usage yet fair Essays are made daily for better retaining the same in memory by putting particular Cases under general Rules wherof ther are divers Volums frequently publishd of late yeers Now the Laws of England look two ways either upon the Souverain Prince or upon the peeple Touching the later ther is no Law upon earth so careful and tender of a mans life or livelihood be he the meanest subject under the Crown as the Common Law of England is For wheras in other Countries a single Judge and Witness may take away ones life or estate wherof the one may be subornd the other corrupted t is not so in England but besides Witnesses and Judges ther be two sorts of Iuries one the Grand Inquest which consists of twenty four Gentlemen or able Freeholders to consider by a previous consultation of all Bills of Inditement to be preferd to the Judicial Court which upon strict examination they either approve and transfer to the Court by writing upon the Bill Billa vera or they disallow it by writing Ignoramus Such causes as they approve if they concern Life and Death are further referrd to another Iury to consider of because the case is of such importance but others of lighter moment are upon their allowance fined by the Bench without more ado Except the party traverse the Inditement or chalenge it for insufficiencie or remove the Cause to a higher Court by a Certiorari in which two former cases it is referrd to another Jury and in the later transmitted to a higher and presently upon the allowance of this Bill by the Grand Inquest the party is said to be Indited but such as they disallow are deliverd to the Bench by whom they are forthwith cancelld or torn The Indited party being to stand afterwards at the Bar and desiring to be tryed by God and his Country ther is a Petty Jury empannelld of Twelve who bear the publick repute of honest men and the Law of England is so indulgent of life that the prisoner may challenge or except against any to such a number and withal a Butcher who is inurd to bloud and slaughter is incapable by the Law to be a Jury-man for life So the said Jury after a strict and painful examination of the Fact with all the least circumstances therof deliver their Verdict according to their consciences wherby the Judg doth acquit or condemn the party according to the quality of the offence nor can any pecuniary Mulct satisfie for the life of any as it is in other Countries And as the Common Law of England is thus so tender of humane life so it is as cautious indulgent and careful of the livelihood and propriety of the meanest subject in the Land which in case of controversie is done also by Jury and put home to the Consciences of twelve indifferent good men and not left only to the breast and opinion of any one Judge be he never so learned and incorrupt The English Law likewise favors Widows and Orphans and the poor have Counsel appointed them gratis c. It appeers out of the premisses what a great regard the Common Law of England the Lex Terrae hath to the lifes and properties of the peeple in point of Justice Now in point of Reverence and Loyalty to the Souverain Prince which is more pertinent to this disourse ther is no Law hath higher regards likewise that way nor also to his honour and dignity to his welfare and safety to his Royal Prerogatives and glory which Prerogatives intrinsecally stick and are inherent in the Crown yet are they and the Liberties of the Subject determined and bound by the Law The Laws of England make the King their Protector and reason good for they are his own Productions t is he that puts life into them They bear such reverence to his person that in his Presence none can be seizd or violently layd hands on or arrested his very presence being a Protection for the time He who giveth but a blow to any in his Court the Law adjudgeth him to loose his Right hand The Law sayth that the King hath his Title to the Imperial Crown of Great Britain and to his Kingly Office and power not as a fiduciary thing conveyed from the peeple but by inherent birthright and inalienable heritage immediatly from God from Nature and from the fundamental Constitutions of the Land He hath not only Ius paternum a paternal power over his subjects but Ius despoticum herile he hath dominion over them which Dominion is devolvd upon him gratiâ Dei by Divine dispensation and favour Ther is no Alleageance or Fealty due to any other power but to the King The Law is so careful of the sacred person of the King that it reacheth unto the very thoughts and restrains them from machination of any evil against him For the Law says it is Treson to Imagine mischief against the King much more to attempt act and execute it The Common Law of England makes the King the Supreme and independent Governour And all other persons derive their power and authority from him either by his Royal Writ Patent or Commission
among Christians but of any other Nation upon earth As also the first King who gave Royal Arms His Coat being Azure nine Crowns Or marshalld 3. 3. 2. and 1. Afterwards the Saxon Kings gave Arms And Edward the Confessors Coat was Azure a Cross patence between four Martelets Or. And as King Arthurs Round Table which is yet to be seen at Winchester had seats for twenty six Knights so it seems King Edward proportiond his number Now the occasion of it was That he having resolvd upon a War with France for attaining that Crown which was due unto him by his Mothers side He conceavd it advantageous to invite and engage to his party such as were of a Martial spirit And to that end erected a round Table at Windsore in imitation of King Arthur where they were entertaind with Tilts and Tournements magnificent Feasts and other Princely ways to unite and encourage them Philip de Valois who was in possession of the Crown of France went about to countermine him by erecting also the like Table in his Court and so drew many gallant and adventurous spirits that way and some out of England so that King Edward not finding this designe answerable to his mind he fell on another such as might prove more adherent and binding unto Him to which end he establishd this high Order of Chivalry consisting of twenty six persons of eminent note wherof He Himself and his Successors Kings of England were to be perpetual Souverains All of them were to be men of Heroick parts and such as shold be obligd by Oath and Honour to adhere unto Him upon all occasions which might be the probablest cause that he made the Garter for a Badg therof to be fastned about the left leg with a Buckle of Gold to be continually worn therfore are They stild Equites Periscelidis as was touchd before which hath its Etymologie from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Crura ambiens girding about the knee which alâ—…udes that those Knights shold be bound in one League and Confederation of love and affection severally one unto another and all of them in joynt service to the Souverain Some ther are who are of opinion that the Garter was given because that in a Battle where King Edward provd Victorious he had given the word Garter for a Signal Others in a derogatory way wold ground it upon the Countess of Salisburies Garter falling off from her in a dance and so taken up by the King But the Black Book in Winsore which deserves most faith in this point gives the first Reason for it Among other Laws that were enacted in the Chapter when this Order was first raysd one was That evry Knight by solemn Oath upon the Evangelists was sworn to defend the Honor and Quarrels the Rights and Lordship of the Souvrain c. Such a Sacramental Oath the Knights of the Bath also take which is To love their Sovrain above all earthly cretures and for his right and dignity to live and die c. Therfore I have often stood astonishd at the largeness of the consciences of some Knights of both these Orders who besides other astringing Oaths as those of Allegeance Supremacy c. could dispense with them All in the late Rebellion so far as not only not to adhere to their Sovrain Liege-Lord and King when his life was sought for by small and great Shots with other instruments of open hostility and slaughter but to appeer for to serve and stick unto the contrary party all the while Truly under favor I wold be-loth to exchange souls with them We will put a period to this Discours of the ancient Noble Order of St. George with a signal observation of Bodin's Decretum fuit in Collegio Equitum Periscelidis in Anglia ponere stemmata Regis Francorum ante caetera omnia post Principem Ordinis It was decreed in the College of the Knights of the Garter in England to put the Stems of the King of the French before all other except the Prince of the Order And the reason I conceive was that Philip the second whiles King of England was formerly put before But Bodin was herin deceavd for the Emperours Arms wherof ther have bin eight of the Order go before and have the precedence Out of the premises may be deducd this cleer Conclusion as a Meridian Truth that the Common Law of England in all things ayms at the Honour and glory the power and authority the Safeness and incolumity of the Sovrain Prince more then the Laws of any Country And wheras we had some touches before how the Common Law which is peculiar only to England hath the rationability of the Civil Law though not so digested to Method in regard it consists most of Custom Cases and presidents we will conclude this Paragraph with some principles wherin they both agree As Actori incumbit onus probandi The proof lies on the Accuser Nemo oportet esse sapientior legibus No man ought to think himself wiser then the Laws Ubi lex non distinguit ibi non est distinguendum We must not distinguish where the Law doth not Accessorium non ducit sed sequitur suum principale The Accessory doth not lead but follow the principal Volenti non fit injuria No wrong can be done to him who is willing Agentes Consentientes pari poena plectuntur Actor and consenter are to be punished alike Apices Iuris non sunt Iura The punctilios of the Law is no Law Nemo potest esse Iudex in propria causa No man can be Judge in his own cause Caveat Emptor Let the Buyer beware Contraria allegans non est audiendus Who alledgeth contraries is not to be heard Cujus est dare ejus est disponere The Giver may dispose of his gift as he pleaseth Quilibet in Arte sua est credendus Evry one is to be believed in his own Art Potestas derivativa non potest esse major primitiva A Commissioner cannot have greater power then He who gave him the Commission Dies Dominicus non est Iuridicus The Lords day is no day of Law Dormit aliquando Lex moritur nunquam The Law may sleep a while but never die Dilationes in Lege sunt odiosae Delays in Law are odious Facinus quot inquinat aequat All are principals in a crime Generale nihil certi implicat No certitude can be had out of generals Ignorantia non excusat Legem Ignorance of the Law doth not excuse the breach of it Lex non cogit ad impossibilia The Law doth not tie us to impossibilities Lex est summa Ratio The Law is the highest Reason Lex citius tolerat privatum damnum quà m publicum malum The Law tolerats a privat damage rather then a publick Mala Grammatica non vitiat Chartam False Latin doth not destroy a Deed Linea Recta semper praefertur transversali A right Descent is always preferrd before a Collateral in
they are excerpted drawn and deprompted out of the eminentst Authors who have written in their behalf and that with such fidelity and truth as the Majesty of so high a subject doth require not omitting any Argument that had weight in it Touching the competition twixt other Souverain Princes as that twixt the King of Denmark and Him of Sweden who both entitle themselfs Kings of the Goths and Vandals as also that twixt the Portugues and the Pole Twixt the Republiks of Venice and Genoa who both pretend to be Teste Coronate to be Crowned Heads because thâ—… one had the Kingdome of Cyprus the other hath that of Corsica under her Dominion as likewise the old Competition twixt the Duke of Savoy and Him of Milan which is now drownd in the Spanish Titles Nor of the Princes of Germany I say that the Disputes of these Precedencies do not belong to this present Discourse Ther are also divers other Competitions twixt Cities as well as Souvrain Princes as twixt Milan and Ravenna in Italy twixt Strasburg and Norimburg in Germany twixt Toledo Burgos in Spain which Philip 2. did in some mesure reconcile For when in a Parlement which they call Las Cortes ther was a high feud twixt these two Cities whose Bourgesse shold speak first the King stood up and said Hable Burgos que por Toledo hablare yo Let Burgos speak for Toledo I will speak my self The like Competition is in England for Precedence twixt Oxford and Cambridge which hath bin often debated in Parlement though Oxford had always the better because she is namd first in all Acts of Parlement for Subsidies Nor indeed hath Cambridge reason to contend in this point if Antiquity take place and Antiquity is a good argument for Lucian will tell us that when ther was a Contest in Heven twixt Esculapius and Hercules for Precedence Esculapius carried it because he came first thither Therfore Cambridge need not be offended with the Poet when he sung Hysteron Proteron praepostera forma loquendi Exempli causa Cant'brigia Oxonium Ther 's also another Argument for Oxford drawn ab Etymologia which the Philosopher tells us is a good way of arguing viz. Ther was an Ox and a Ford then Came a Bridge But these two Noble Sisters as they are unparallelld by any other in their kind let them be equal among themselfs and listen unto the Poet Sisters why strive you for Antiquity The older still the likelier for to die Wold you wish your own ruine surely no Let Mouldring Age on meaner things take hold But may You florish still and nere grow old And let this be a Close to the Third Section The fourth last Section CONTAINING A DISCOURSE OF AMBASSADORS THer is a good Rule in the Schools Qui bene dividit bene docet Therfore we will make this Fourth Section to conform and quadrat with the other Three in point of Division It shall also be a Decade with the rest and as ther is Affinity of Matter betwixt them so ther shall be affinity of Method For it shall likewise consist of ten Parts or Paragraphs 1. The first shall be of the derivation and Etymologie of this word Ambassador with the Definition Division and Denomination of Ambassadors and Legats 2. The second shall be of the indispensable and absolut necessity of Ambassadors and that Mankind cannot subsist without Them 3. Of the Antiquity the first Rise and Pedigree of Ambassadors as also of their Dignity high Honor and Pre-eminence and who are capable to employ them 4. Of their Privileges Reception Security and the inviolable sacred esteem of their Persons 5. Of the Breeding and Education the Parts and Perfections both acquird and natural which are requird in an Ambassador 6. Of the Election and choice of an Ambassador that he should be Par Negotio adaequat to the Employment he goes about 7. Of the Office and Duty of an Ambassador in the execution of his Place and acquitting Himself of the great Fiduciary Trust reposd in Him 8. Of the Laws of England relating to Ambassadors how they use to be receavd and treated in the English Court and what Rewards they receave c. 9. Of the wise Comportment and witty Sayings of divers Ambassadors during the time of their Negotiation 10. Of the extraordinary Prudence and Reservedness the Stoutness and Generosity of divers English Ambassadors c. THer are many Authors who have made it their business to write of Ambassadors and of their Office Incumbency and Charge as also of their Qualities Breeding and sutable Parts They have moreover undertaken to prescribe them Rules Precepts and Cautions but those Precepts may fit any other Minister of State or Magistrat and so they amuse the Reader with Universals But this Discourse shall keep close to the Person of the Ambassador and to the Nature of his Function Office and Duty And so we will take the first Paragraph in hand 1 Paragraph Touching the derivation and Etymologie of this word Ambassador With the Definition Division and Denomination of Ambassadors and Legats NEither Don Antonio de Zuniga the Spaniard nor Doctor Gasparo Bragaccia the Italian with divers others who have written so largely of an Ambassador do let us know what the Word is either Ambassadeur Ambasciatore Embaxador or Ambascia Now we find them all to be of great Antiquity for they are derivd of an old Celtik or Gaulish word which Celtiks were before the Greeks or Latins a Peeple that dwelt where Paris in France now stands being calld so before the Romans or the Franconians came in Now Embassy or Ambascy comes of Ambachten which is to work and Ambacht was a servant in the old Gaulik or Celtik toung wherunto alludes Bachken usd yet in Wales for a servant wherby among divers other Arguments it is very probable that the ancient Gaules and Britains spake one Language originally From hence came Ambactus which Tacitus useth when he saith That Galli plurimos circumse Ambactos Clientesque habent So that Ambasciator derivd hence is come now to be a servant or Minister of honor for in some Translations we have Paulus Dei gratia Diaconus Ambasciator Insomuch that it may well extend to the holy Function of Priests For the Minister on the Desk may be said to be the Peeples Ambassador to God and in the Pulpit Gods Ambassador to the Peeple But the Italians wold have Ambasciatore to come from the old Hetruscan word Bascer which signifidth nunciare to report or declare Others have a conceit that it may come from the word Ambo because he is a Mediator twixt both Parties Now touching the Definition of an Ambassador or Legat Don Antonio de Zuniga defines him thus A Legat or Ambassador is a Conciliator of the Affairs of Princes A Man sent from far to treat of publik Concernments by particular Election not by strength and stratagems of War but by Eloquence and force of Wit Others define him to be a
so universal good as suppressing of Wars by making Peace Frendship and Concord or for the advancement of Commerce and Frendship Now it adds much to the Honor of Ambassadors that none can send any under that Title unless he be a Souverain Prince Ther is no subject capable to send or receave any Ambassador be he never so great a Viceroy if he do it is no less then High Treson Therfore before the beginning of the last Civil Wars in England it was Treson in the highest degree for the Scots Inconsulto Principe to send Lowden and others in quality of privat Clancular Commissioners to treat with the French King in the name of the whole Nation for assistance And though the King himself made a semblance not to admit or hear them yet his fiery Cardinal huggd them whence it may be well said the first flames of the said VVars broke out It is recorded in the Life of Eliz. Queen of England that the Duke of Alva when he was Governor of Flanders sent Christopher Assonville in quality of a Minister of State but the Queen wold not admit him because he could produce neither Commission or Credential Letter from the King of Spain whose Vassal Alva was In the year 1604. the King of Spain motiond that the publik Minister who was here for the Hollanders shold not be stild Ambassador because they are subject to the Empire and have a Superior having bin incorporated in the Empire by Charles the fifth 1548. at the Diet of Auspurg as Meteranus relates and says besides that Rodolphus 2. writ Letters unto them 1607. as to Vassals of the Empire and consequently they had no power to make Peace or War without the consent of Caesar which they then acknowledgd by their Letters sent to Colen The Electors and Princes of Germany have got a privilege to send and receave Ambassadors touching matters that concern their own Territories but not the state of the Empire The like the Hans Town may do But Rebels have no capacity to employ any in quality of Ministers of State no not so much as an Herald Therfore Charles the fifth was censurd for admitting a Herald with Letters denouncing a War from the Lutheran party in Germany and dismissing him unpunishd though he told him that if he came again in steed of a Gold Chain he shold have a Halter for his reward Touching the Electors or Princes of Germany and the Hans Towns or Cities of the Hansa it hath bin much controverted whether they had Ius Legationis whether they had a capacity to make a Mission of Ministers of State that might bear the quality and privilege of Ambassadors Concerning the first Kirknerus a great Civilian holds That the German Princes may have such a Prerogative but it is secundario tantum Iure Et qui Ius mittendorum Legatorum secundario tantùm Iure habent mittuntur Legati non de Rebus universum concernentibus Imperium sed tantùm sui Territorii ratione eo enim Ipsis intuitu tantùm datum ultra igitur terminos non est procedendum fieret enim altàs prejudicium Imperatori c. The German Princes may employ Ambassadors to Forren Princes by a secondary Right not to treat of Affairs concerning the Universal Empire but of things only appertaining to their own particular Territories and beyond those bounds they must not proceed And ther are some Princes in Italy also that are no less under the Majesty of the Empire in this kind but c. As for the Hans Towns and Corporations they claim the same privilege as the Princes do for they are free Imperial Cities and communicat of the same Regalias yet all by the indulgence of the Emperour wherunto his necessities from time to time enforcd him The Provinces of Belgia or the Netherlands under pretext of such a Right sent the Baron of Montigni as Ambassador to Spain at the beginning of the tumults but Philip the second choppd off his head saying That Vassals much less Rebels have no power to employ Ambassadors Yet this King his Grandchild admitted Ascham who came from as notorious Rebels though not in reference to him which he excusd in regard that Queen Elizabeth had receavd Ambassadors from Holland at their first revolt before they were acknowledgd a State and that she was the chiefest supportress of them VVe will conclude this Paragraph with this Ticklish Point VVhether a Protestant Prince may not send an Ambassador to the Pope and by way of civil correspondence receave another from Him though Iustice Ashton was of a contrary opinion yet Sir Edward Coke was for the Affirmatif and his reason is because that besides his Spiritual Jurisdiction the Pope is a Temporal Prince and ther may be Ambassadors sent to him as well as to the Turk or Mogor The fourth Paragraph Of the Privileges Security Reception and the honorable sacred esteem which hath bin always had of the Persons of Ambassadors AMong many other Privileges which Ambassadors enjoy and are endowd withal Iure Gentium by the Law of Nations not only their Persons have bin always esteemd sacred and inviolable but their Houses have bin held and allowd as Sanctuaries all their Servants from the Stuard to the Scullion-Boy are free from all kind of outrages violence or arrests And they have this security not only in Courts and Cities but in the midst of Armies in the Field twixt Swords Muskets and Guns for though Ambassadors come from an Enemy yet they are accounted none VVhensoever they take footing upon the shore or confines of any Prince to whom they are sent they use to be attended by Harbingers and other Officers all the way till they arrive at the Court. If they be robbd the King makes good their losses If an extraordinary Ambassador he is attended at his first entrance with a more splendid equippage he is Lodgd and Dieted at the Kings charge for so many days with his whole train At his Audience the King riseth to him pulls off his Hat and bows his Body c. Besoldus produceth the King of England anno 1527. for an example how he observd the French Ambassador as if he had bin the King himself His words are Angliae Rex Gallicum Legatum planè ut Regem observavit eique supremum locum concessit adeoque honoravit ut in Comoediis ipsius Regis filiae sustineret personam The King of England observd the French Ambassador plainly as the King and gave him the upper place and he so honord him that he held by the arm the Kings Daughter to a Comedy But the Princes Electors carry themselfs high in this particular for they take place of Ambassadors and the reason which Guetta and other Civilians give is In praesente Principe vera Majestas in Legato tantùm dignitas aliena In Principe reiveritas in Legato effigiata adumbrata est ut autem umbra Luci ita Principi Legatus quamvis enim Fictio tantùm operetur quantùm rei veritas
after they desird new audience which was suspended to be given them and in the interim the King sent Sir Edward Conway his principal Secretary of State and Sir Francis Cottington Secretary to the Prince both Lords afterwards to signifie unto the said Ambassadors that he desird nothing more then a continuance of frendship twixt the two Crowns therfore if they had any thing to say they shold communicat it to the said Secretaries as persons of trust which he employd expresly for that purpose and if they made any difficulty of this also then they might choose among his Council of State those whom they likd best and he wold command that they shold presently repair unto them and if this also shold seem inconvenient they might send him what they had to say in a Letter by whom they thought fittest and he wold receave it with his own hands But they gave no answer to all this therupon the said Secretaries told them according to their Instructions which they had receavd from his Majesty That they being the Authors of an Information so dangerous and seditious had made themselfs incapable to treat further with the King their Master and were it not for the respect he bore to the Catholik King his dear and beloved Brother their Master and that they were in quality of Ambassadors to such a Majesty he wold and could by the Law of Nations and the right of his own Royal Justice proceed against them with such severity as their offence deservd but for the reasons before said he wold leave the reparation to the Justice of their own King of whom he wold demand and require it Herupon Sir Walter Ashton Ambassador then in Spain for the Crown of England had audience of that King wherin he said That the King of Great Britain his Master had commanded him to demand refaction and satisfaction of his Majesty against the Marquiss of Inojosa and Don Carlos Coloma for scandalizing the Duke of Buckingham with other of his best subjects and through his sides aiming at the Prince himself for it is unlikely the Duke wold have cast himself upon such a designe without the communication of it to him and to know his plesure so he remonstrated the whole circumstance of the business c. And in conclusion he said That he humbly beseechd his Majesty to observe and weigh well the care and tenderness wherwith the King his Master had proceeded towards his Majesties Ambassadors not obliging them to any precipitat resolutions but giving them time and opening a way how they might have cleerd themselfs c. It was expected that the said Ambassadors at their return to Spain wold have bin punishd or at least checkd but matters growing daily worse and worse twixt England and Spain the said Ambassadors were rather rewarded then reprehended at their return Inojosa being made afterwards Governor of Milan and Coloma receavd addition of command and honors in Flanders But the high civilities of England at that time towards the said Ambassadors was much cryed up abroad that notwithstanding so pernicious a machination to demolish Buckingham and to discompose the whole English Court yet they were permitted to depart peaceably and Sir Lewis Leukner was commanded to conduct them to the Sea-side for prevention of any outrage upon their persons We have dwelt the longer upon this business in regard ther are extraordinary traverses of State in it being a Plot of an unusual reach of policy which will be found more amply related in the addition the Author made to Finets Ambassador but in regard it is so pertinent to this Paragraph he thought it fit to insert the substance of it here We will now resume things touching the Office of an Ambassador It is very necessary he shold have his Credential Letters exact and plain His Commission plenary and fortified with as much authority as he can The Spanish Ministers when the Prince of Wales was there objected against the Duke of Buchingham that his Commission for he came also in quality of Ambassador was not so compleat and authentik as that of the Earl of Bristols for he had his Commission under the Broad Seal of England wheras the Duke had his by the King only The Civilians make a question Si à Legato Mandata poscantur is adigi possit ad ea exhibenda Their opinion is That besides his Credential or Fiduciary Letters and his General Commission he is not bound to shew any more Touching his privat Instructions Paschalius saith Mala eum agitat res qui in Legati Secreta irreligiose irrumpit It is questiond further Whether it may stand with the Office and Honor of an Ambassador to receave Gifts and Presents from the Prince he is sent unto which the Civilians call Lautia a word peculiar only to Ambassadors some are for the Negative which the Hollanders do follow for their Ambassadors use to receave none not so much as a Bottle of Wine But most are for the Affirmatif But the Venetians who are reputed to have the best Rules touching Ambassadors though they allow it yet their Ambassadors are bound to exhibit their Presents to the Senat and t is thought much of St. Marks tresure consists of it They are also bound in a large Oration to give an account besides that of their Embassy what they observd most remarkable in the Government State and Quality of the Country of which Oration they bring also a Manuscript which is put up in their Archives Iohn Earl of Bristol at his departure from Madrid notwithstanding that the weather had grown foul twixt us and Spain receavd a Cupboard of huge massie Plate valued at 20000 Crowns of this King of Spain who also gave him a Diamond Ring off his Finger rated at 1500 l. sterling and the reason was because he had found him so wise faithful and industrious a servant to his King The Civilians make likewise a doubt whether it may not interrupt the Office of an Ambassador to have his Wife and Children along with him but they who hold the contrary are rather exploded then approved For to leave his Wife is for one to leave half himself behind him besides Conjugal society is counted the prime of comforts moreover it saves trouble of Writing and charges for Letters and Packets which come to no small sum at the yeers end c. We will conclude this Paragraph with two special things which the Civilians require further for the performance of the Office of an Ambassador viz. That he be reservd and secret in an intense degree he must not be Plenus Rimarum full of chinks and herin the Italian and Spaniard are eminently imitable for all the Drugs in Egypt cannot draw away a secret from them wheras a small Purge or Vomit will make others cast it up Furthermore that an Ambassador may facilitat the discharge of his Office the better it is requisit that he have a previous knowledg of the Court and Country wherunto he is
employd that he be well versd in the Speech therof for it is a sad thing when one is sent Ambassador to see fashions and learn the Language of a Country Lastly ther 's nothing more concerns the Office and Duty of an Ambassador as it was touchd before then to be true to his Instructions Brunus tells us that Qui extra Mandatum agit aliud agit Who acts beyond his Commission acts another thing Yet it cannot be denied but many things in point of circumstance are left to the discretion of a Plenipotentiary Ambassador therfore as I take it ther was by the twelve Tables in Rome a latitude of power left to Legats Quae bonum Patriae eminenter tangunt etiamsi non Mandentur agunto What eminently concerns the publik good though not commanded let them be done The eighth Paragraph Touching the Laws of England relating to Ambassadors in point of Reception Audience Treatments and Rewards as also what prudence hath bin usd for composing of Contestations betwixt them in point of Precedence c. HAving spoken hitherto generally of the concernments of Ambassadors and the privileges of Legation We will now make some inspections in particular into the Constitutions and Common Laws of England which may be calld Civil and very complying in this point The Law of England as the great Father of it my Lord Coke says That Honor Legati honor mittentis est The honor of an Ambassador is the honor of him who sent him That Legati aut Proregis dedecus redundat in Regem The affront offerd an Ambassador redounds to his King By the Common Law of England t is High Treson to kill an Ambassador as among others ther are Examples in the persons of Iohn Kerby and Iohn Algore the one a London-Mercer the other a Grocer who were both arraignd convicted and condemned for killing Iohn Imperial who was Ambassador from Genoa for a Patent he had got of the King for the sole importing of all Commodities from the Levant parts I. Hill was also condemned of High Treson for killing of A. de Walton who was Ambassador c. Then the high civilities that were shewd by King Iames to the Marquiss of Inojosa and Don Carlos Coloma the Spanish Ambassadors notwithstanding their high misdemenures for calumniating the last Duke of Buckingham and through him the Prince of Wales his sole Son and Heir apparent to the Crown as it is mentiond in the next preceding Paragraph And as the Law of England is so respectful of Ambassadors so for her own she useth to furnish them with as political Commissions and Instructions and as exactly couchd as any other Kings Ambassadors whatsoever I will produce only two Examples the one ancient the other modern the first is of Ambassadors sent to the Council of Basile which runs thus Ad Concilium Basiliense sub Eugenio Papa destinati sunt per Regem Ambasciatores Oratores Episcopus Robertus London Philippus Exoniensis Iohannes Roffensiis Iohannes Bajocens Edwardus Comes Moriton Abbas Glastoneensis B. M. Eboracensis Prior Norwici Henricus Bromflet miles Dominus Vesciae Thomas Browne Legum Doctor Decanus Sarum Iohannes Coleville Miles alii Dante 's damus iis Ipsorum majori parti potestatem Mandatum tam generale quà m speciale nomine nostro pro nobis in eodem Concilio interessendi tractandi communicandi concludendi tam de iis quae Reformationem Ecclesiae Universalis tam in Capite in Membris quà m in iis quae Fidei Orthodoxae fulcimentum Regumque ac Principum Pacificationem concernere poterint Nec non de super Pace perpetua guerrarumque abstinentia inter Nos Carolum adversarium nostrum de Francia ac etiam tractandi communicandi appunctandi consentiendi insuper si opus fuerit aissentiendi iis quae juxta deliberationem dicti Concilii initi statui ordinari contigerit Promittentes promittimus bona fide nos ratum gratum firmum perpetuò habiturum totum quicquid per dictos Ambasciatores Oratores Procuratores nostros aut Majorum partem Eorundem actum factum ceu gestum fuerit in praemissis singulis praemissorum Et Hoc idem cùm de super iis certiorati fuerimus ad Nos Christianum Principem attinet executioni debitae curabimus demandaâ—…i In cujus rei testimonium has Literas nostras fiâ—…ri fecimus Patentes Datum sub sigillo nostro Magno in Palatio nostro West monasteriensi x die Julii c. We delegat to the Council of Basil under Pope Eugenius for Ambassadors and Orators Bishop Robert of London Philip of Exceter c. Giving and do herby give them and the major part of them power and command as well general as special in our name and for us to be present to treat communicat and conclude things as well concerning the Reformation of the universal Church as the Pacification of Kings and Princes and likewise of and concerning a perpetual peace and abstinence from VVar betwixt Us and Charles of France our Adversary and also to treat communicat appoint and to consent besides and if need be to dissent from such things that shall happen to be appointed and ordained according to the deliberation of the said Council Promising and we do promise in good Faith to hold for ratified acceptable and firm to perpetuity whatsoever shall be acted or done by our said Ambassadors Orators or Proctors or the greatest part of them in relation to the Premises and any part therof whensoever we shall be certified and as becomes a Christian Prince we shall have a care that all be put in due execution In testimony wherof we have causd these our Letters to be Patents Given under our Great Seal in our Palace at Westminster x Iulii c. Ther repaird to this Council also Henry Beaufort Son of Iohn of Gaunt Bishop of Winchester and Cardinal of St. Eusebius having had license to transport 20000 l. in Gold and Silver which was a mighty sum in those daies which money as the story hath it though mute yet they were moving Ambassadors The second example shall be of Robert Sydney now Earl of Leicester in an extraordinary Embassy to the King of Denmark and other Princes of Germany whose Instructions were these following CHARLES R. Instructions for our right trusty and right well-beloved Cosen Robert Earl of Leicester Vicount Lisle and Baron of Sulney our Ambassador to our dear Uncle Christian 4. King of Denmark c. VVe have preferrd you before others to this honorable Employment because we have observd your constant application to vertuous and noble courses and wold have it known to all that we esteem Titles not of those that bury them in obscurity and Vice but of such that improve their worth for publik service in VVar or Peace wherby tru Nobility raiseth it self above the common sort VVe send you to a great King whom we love and honor not only for his
sides what Law shall please himself which may reasonably be feared if no cours be timely taken for preservation of their rights by treaty or otherwise On the other side you may lay before him the power yet remaining in the puissant house of Austria with the dependance of Bavaria and other German Princes and how both sides are supported by forren assistants those with the money and countenance of Spain these with the actual arms of France besides the diversions of the Low Countries and Italy so as in all probability the War is like to last long and the balance may be swayd as other Princes put to their hands And the King of Swede having lately moved both the Princes and States of his alliance and others to joyn league for the liberty of Germany and for peace and inviting us to joyn therin and the Emperour also discovering on his side an inclination to treaty and to peace you must entreat for our better information our Uncles sound advice and how he stands affected and whether he be engaged in any such treaty with whom and how far and whether our conjunction with the rest will be desired To which we may by him be perswaded to apply our selves so as by the treaty the full restitution of our Brother and Sister to their Patrimonial Dignities and Estates being the only interest of our engagement may be effectually provided for If upon these intimations the King shall reveal unto you any overtures of a treaty already in hand and that therin our conjunction will be desired you shall with speed give us account of the particulars and of the grounds therof with all the circumstances of persons times and places that therupon we may send you such further powers and instructions for your proceedings with our Uncle and other Princes as with the advice of our Council we shall think meet Besides this main business other occasions may be apprehended there by you for the advantage of our service for iâ—… by conference with Avery you shall understand of any impediment or obstruction of the trade of our Merchants residing in Hamborough caused by any difference betwixt that King and the Town or by his pretence of commanding the River of Elve you shall do Offices in our name betwixt our Uncle and the Town to remove offences and to settle good agreement upon honorable terms for the King and so as an Innovation may not be made which may prejudice the intended treaty or which may restrain our Merchants from that freedome of trade there which they have enjoyed so many yeers And wheras by occasion of the War betwixt Poland and Sweden new Impositions are raised in the Pellow and elsewhere with other restraints of trade which in the end will force our Merchants and the Low Country-men also to seek the Commodities of Eastland in America to the great detriment of the Kings Customes at Elsenore you shall in this regard advise with our Uncle how the ancient freedom in like manner may be restored in that trade For Island you shall signifie to our Uncle that in conformity to his late Letters we have prohibited our subjects that Fish in those Seas or fetch Hawks from those parts either to export or import any Merchandise to hinder his Farmers not doubting of his gracious reciprocal favor to our said subjects in their lawful proceedings Concerning our Coller of Rubies which hath formerly bin engagd to raise moneys you shall inform your self by Avery how the case now stands and shall proceed as upon further advice therof we shall direct You shall keep good correspondence with our Ambassadors and Agents in all parts as occasion shall be offered but especially with Sir Henry Vane who is employed with the King of Sweden and with Sir Robert Anstruther at the Emperours Court. IOHN COKE By these two Presidents of Commission and Instructions we may see how exact and curious the English Court is in this point how quaintly such Publik Dispatches are couchd not so plain and flat with such superfluity of speech as I have seen the Instructions of other Princes stuffd withal We will to the Reception Attendance Treatments Gifts Lautia composing of Differences with other high civilities usd towards Forren Ambassadors in the English Court. Touching the first Ther are no Ambassadors whatsoever receavd more splendidly and with greater state both by water and land then in England For first he is brought in Royal Barges a good way upon a Noble Navigable River through a Forest of main Masts on both sides and landed at the stairs of a huge Tower in sight of a stupendious Bridg such as I may well say the world hath not the like Then is he conducted in the Kings Coach with a great number besides through the centre of the City of London to a house expresly provided for him if he comes extraordinary where he is magnificently treated for divers days upon the Kings charge Now the Rule of the Court is That the Ambassador of a King is to be brought in by an Earl at least an Ambassador from Dukes and Republiks to be brought in by a Baron T is a Rule also that no Ambassadors be allowd this honor at privat Audiences but only at the first and last publik or when any are invited to Dine with the King Moreover that no Ambassador except a Kings is to be met with the Kings Coach further off then the Tower-wharf And wheras the Coaches of other Ambassadors residing upon the place were usd to go to accompany the new-landed Ambassador from Tower-wharf which gave occasion of clashing for Precedeâ—…ce of Coaches as happened the last yeer twixt the Spanish Ambassador the Baron of Batteville and Monsieur Lestrade the French which flew so high that it went to effusion of blood and killing as it is mentiond before in the last Paragraph of the first Section more particularly Ther is an Act of State passd that all Forren Ambassadors shall forbear for the future from that complement of sending their Coaches to that purpose Well the new Ambassador being so housd is visited by persons of Quality as also by other Ambassadors Now it is a Maxime among Ambassadors That the first come is to visit the last come Touching Presents ther 's no Court goes beyond that of England It was a Rule that the French and Spanish Ordinaries were to have 4000 Ounces of Gilt Plate at their departure The Venetian Ambassador 2000 The Archdukes 1600 c. But by the Examples of other Courts ther was a retrenchment herof and it began first with Monsieur Buisseaux in King Iames his Raign who had but 2000 Ounces sent Him the Venetian 1600 and the Archdukes 1000 c. Touching divers sorts of Clashes Contestations Differences and Punctilios betwixt Ambassadors ther have bin as prudent and preventing courses taken in the English Court from time to time as in any other as will appeer in the printed Observations of that worthy Knight Sir Iohn Finets to
whom I refer the Reader We will conclude this Paragraph with some further inspections into the Laws of England concerning Ambassadors In the 13 of Queen Elizabeth it was gravely debated in the Bishop of Rosse his case who was Ambassador here for Scotland An Legatus qui Rebellionem contra Principem ad quem Legatus concitat Legati privilegi is gaudeat an ut hostis poenis subjaceat Whether an Ambassador who raiseth Rebellion against the Prince to whom he is sent is to enjoy the privileges of an Ambassador or whether he is to lie under a punishment as an Enemy It was resolved by all the Judges of the Land that he had lost the privileges of an Ambassador and was punishable by the Law of the Land Herupon Mendoza the Spanish Amdassador was commanded away because he fomented a Rebellion c. Moreover as my Lord Coke hath it and therin he agreeth with the Civilians If an Ambassador committeth a delect contra Ius Gentium as Treason Felony Adultery c. he loseth the privilege of an Ambassador and may be punished in England as any privat Alien and not to be remanded but upon courtesie But committing any thing against the privat Municipal Law and Customes of England which is not Malum in se Iure gentium He is not punishable The breaking of Truces and Safe-conducts was once High Treason by the Laws of England but that was mitigated 2 Hen. 5. Furthermore my Lord Coke holds in his fourth Institut That if one be namd but Agent in his Credentials from a King yet he is an Ambassador The ninth Paragraph Concerning the wise Compliances and Witty facetious Sayings and Carriage of divers Ambassadors during the time of their Negotiation c. AS it is a principal quality in an Ambassador to be serious abstruse and reservd in the discharge of his Function so it is a mighty advantage for him to be Witty as well as Wise to be facetious and play the Drol sometimes for the Italian says Non è saggio chi non sà esser pazzo He is not wise who knows not how to play the Fool sometimes Apt pleasant and sudden Reparties discover a great deal of wit An Ambassador being sent to the King of Morocco whose Law we know is not to eat Swines Flesh be brought him Letters wherin all his Titles were not given him The King said Sus has Literas peperit A Sow begat these Letters The Ambassador suddenly answerd Ne iis Vescaris It was done that you shold not eat them The Town of Agrigentum as Herodotus reports having sent Gellias a very hard-favord man Ambassador to Centuripe a low dirty Town in Sicily and being jeerd and stard upon at his audience he answerd Ne Miremini Centuripini ut Urbes sunt ita Cives mei Legatos mittunt pulchros ad pulchras deformes ad deformes Do not wonder O you of Centuripe at me for my Masters of Agrigentum send their Ambassadors as the Cities are Faiâ—… to Faiâ—… Foul to Foul. Don Pedro de Toledo being employd Ambassador to Henry the 4. of France ther were many traverses between them at one privat audience and Don Pedro magnifying much the power of the Spanish Monarchy King Henry said That it was much like the Statue of Nebuchadnezzar composd of divers peeces but having Feet of clay Don Pedro then replying somewhat high the King rejoynd that if he were provokd he wold carry flames even to the Escurial and if that he once mounted he wold be soon in Madrid Don Pedro answerd Indeed King Francis was there meaning Francis the first who was taken at the Battail of Pavia and remaind Prisoner in Madrid divers yeers The King going on further to tax the King of Spain for usurping divers Countries of his and namely the Kingdome of Navarre which he might live to recover Don Pedro answerd That the Iustice wherby the King his Master held Navarre wold help him to defend it The King replyd Your reason is good till I be in Pampelona Don Pedro therupon rising hastily and going towards the door The King askd whither went he so hastily He answerd To provide entertainment for your Majesty at Pampelona A French Ambassador Monsieur de Tilliers as I take it residing here and being invited one day to Dine with King Iames the King being well disposd began a Health to him saying The King of France drinks the French Kings Health The Ambassador answerd as pleasantly Le Roy mon Maitre est bon Lieutenant Il tient bien la France de Luy The King my Master is a good Lieutenant he holds France well from him But of any that I have heard or read of Don Diego de Acunia Count of Gondamar had an extraordinary faculty this way and besides he had well studied the Genius of King Iames in whose Raign he resided here how he was pleasd with sudden plesant Reparties therfore he did Seria jocose he did dispatch serious things in a merry way When Sir Walter Rawleigh was gone with a Fleet to Guiana and when news was broght that he had taken San Toma plunderd the place and killd the Governor which was as some say beyond the bounds of his Commission wherin he was restraind from doing any Acts of hostility upon the firm Land Gondamar came early one morning to the King desiring to speak but only one word to his Majesty being admitted he cryed out Pyratas Pyratas Pyratas intimating that Sir Walter Rawleigh was turnd Pyrat but that word was so fatal that it took off Sir Walters head though upon an old score Another time having discoursd of many things with the King in a privat audience in French the King askd him whether he understood Latin or no Yes Sir said Gondomar I understand it and speak it Discoursing afterwards in Latin of divers things in a free and facetions way it happend that Gondamar spoke false Latin once or twice the King smiling said How comes it to pass that you being an Ambassador to so great a King who shold be exact in all things how comes it that you break Priscians head so often Gondamar replyed Sir I speak Latin like a King and your Majesty speaks Latin like an Ambassador Count Gondamar having bin outragd by the Rabble in London who threw Tobacco-pipes into his Litter and did him other affronts coming after to have a privat audience and the King taking notice of it he said La Harina de Ingalatierra es muy delgada y fina pero el afrecho es muy grossero Sir the Flowre of England meaning the Gentry is very fine but the Bran is very coorse meaning the common peeple Another time being to dispatch a Courrier to Spain and the old Countess of Buckingham being then in extraordinary high favor that most Suters made their address unto her he writ in a Postscript to Count Olivares That ther were never greater hopes then now that England wold turn Roman Catholik for the Mother was more worshippd