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A44749 Proedria vasilikē 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 [sic] some forren authors (either out of ignorance or interest) have represented her in order to this particular : whereunto is also adjoyned a distinct Treatise of ambassadors &c. Howell, James, 1594?-1666. 1664 (1664) Wing H3109; ESTC R21017 187,327 240

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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 hun●… 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
up to the English Battail where the young Prince was The fight grew hot and doubtful insomuch that the Commanders sent to the King to come up with more power The King asking the Messengers Whether his Son was hurt or slain and being answerd No he replies Then tell them who sent you that so long as my Son is alive they send no more to me for my Will is that he have the honor of the day So the Fight on both sides growing very furious the French King having his Horse kill'd under him withdrew which being known by the English it added so to their courage that they soon after won the Field This was the first considerable Battail the English had of the French which was so sanguinary that ther were none made Prisoners but all put to the Sword and the number of the slain French surmounted the whole Army of the English for the number of the slain were about 30000. the chief whereof was Alenson the Kings Brother the Dukes of Bourbon and Lorain the Earl of Flanders the Dauphin de Viennois Son to Imbert who after gave Dauphine to the King of France provided his First Son shold still be calld the Dauphin which hath continued ever since This signal Victory was seconded the same yeer about six weeks after with another the Queen of England got against the Scots then confederat with the French where David the Scots King was taken Prisoner but this is reserv'd for another place because for a more methodical order we will hasten to the second great Victory in France the Battail of Poitiers The Battail of Poitiers The Black Prince being taperd up now to a good growth was sent by advice of Parlement to Gascony whence the Truce being expird he oreran and ravagd all the Country as far as Tourayne Iohn the French King raiseth a potent Army more numerous then that at Cressy and going to find out the Prince of Wales found him about Poitiers having not much above 10000 effect if men in his Army wheras the French had six times as many whereupon being advisd to make for Bourdeaux he was prevented by the French Army on all sides so a Battail being intended two Cardinals came from the Pope to mediat a Peace but the French King wold hearken to none unless that he wold as a Vanquish'd Man send him four Hostages and give up himself and his Army to discretion The Prince answerd That he was willing to restore what places he had taken of His in good War but without prejudice to his Honor wherof he was accountable to the King his Father c. Iohn not hearkning to this but being resolvd to fight the Prince also resolvd to part with his Life upon as high a rate as he could being reducd to this streight therfore he providently makes use of the Position of ground and finding that the main Army of the French consisted in Horse he entrenchd among the Vineyards where when the French Cavalry entred being wrapd and encomberd among the Vines the English Archers did so ply and gall them that being therby disorderd and put to rout the whole Army was soon totally defeated But it seems this Battail was not so fierce as that of Cressy where no quarter was given for in this Prisoners were made among whom was King Iohn himself whom the Prince brought to England and as the French Historians themselfs confess he was so civil to him all the while that he knew not whether he was a Free King or a Captif Besides Lords ther were slain 2000 of the French Nobless as Froissard hath it in this Battail and as at Cressy more French slain then the whole English Army was in number We will now to Agencourt Agencourt Battail Henry the Fifth that Man of men and mirror of Princes being come to the Crown he did cast his Eyes presently towards France for claiming of his Title In order wherunto he alterd in his Arms the bearing of Semy de Luces and quarters the three full Flower de Luces as the King of France himself did bear them He sends the Duke of Exceter with the Archbishop of Dublin and sundry other Noblemen in a magnificent Ambassy attended by 500 Horse to Paris to demand the Crown but receiving no satisfactory answer but rather a kind of jeer the Dauphin sending him a Sack full of Racket-court-Balls to pass away his time He replyed That for evry one of those Balls he had so many fiery Bullets to shoot at the proudest Turrets in France as he shold shortly find And he was as good as his word for he presently got over and encountring the French Army at Agencourt he gave it an utter overthrow and took more prisoners then his own Army had Soldiers which was upon a Sunday-morning about Ten of the Clock whereof having sent notice to England before and that extraordinary Masses shold be sung then in all Churches he stood upon the defensive part till that hour but then making a Speech of encouragement to his Army and among other strains telling how all England was praying for them at that time he carried away a compleat Victory he himself leading the main Battail with the Duke of Glocester his Brother c. But besides the foresaid Piety ther was Policy also usd for the King to prevent the fury of the French Cavalry appointed divers Stakes studded with Iron at both ends of six foot long to be pitch'd behind the Archers and ordred that Pioners shold attend to remove them as they shold be directed which invention conduc'd much to the success of the Action The King himself charg'd the Duke of Alenson and beat him off his Horse who therupon was slain so ther was a compleat and glorious Victory obtain'd We come now to the Battail of Spurs so calld because the French-men trusted more to their Spurs in fleeing away then to their Swords and Lances It was before Terwin in Hen. 8. Raign when Maximilian the Emperour servd under his Banner and receavd pay Ther came 8000 French Horse to relieve the place and a hot Dispute happend but they were all routed and put shamefully to flight so the Town was taken by the English Ther were a world of other Warlike Encounters and Skirmiges twixt the English and French whereof the stories are full and t is observd that the English at most were but half in number to the French in all Engagements insomuch that by pure prowess and point of the Sword they possessd two parts in three of that great Kingdome We read that when the English were at the height of their power in France the Pope came then to keep his Court at Avignon and ther was a common saying among the Peeple which since is grown to be a kind of Proverb Ores le Pape est devenu Francois Iesus Christ est devenu Anglois The Pope is turnd French-man and Jesus Christ is become an English-man which was spoken in regard we had such prodigious
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
appeer in a fitting equippage all which consumes time as also what high ceremonies are to be usd in so solemn an action Philip Comines who always dismisseth his Readers wiser then they came gives special Cautions for this Affirming that the congress of Souverain Princes in regard of the various circumstances that attend it is a meer folly it is exposd to emulation jelousies and envy as also to delays and retarding of things by needless solemnities He makes an instance in the personal Encounter which the Kings of England and France had where it is observable that he puts England before France adding further that Lewis the eleventh though a politik wise King was much afraid before-hand that some word might slip from him which might give offence or some advantage to the King of England or his Ministers Herunto he adds an infortunat Journey that the King of Portugal made to the said King Lewis for assistance against the Castilians which perhaps he might have procurd by a discreet Ambassador which makes him give a caution touching this point Bien tard ●…n Prince se doit mettre soubs la main d'un autre ni aller cercher son secours en personne A Prince shold hardly put himself under the hands of another or go seek aid of him in person Paulus Emilius also describing the personal meeting that was between King Richard of England and Philip Augustus of France who also in the relation puts him of England before France saith that their often Conversation and Colloquies did much retard and disadvantage the great business of an Expedition to the Holy Land We will adde herunto the memorable example twixt Matthias King of Hungary and Uladislaus King of Bohemia who after a long War were to meet for concluding a peace in Olmutts in Moravia where Matthias meerly out of state made Uladislaus stay for him 15 days Moreover Matthias came with a green Garland about his temples in policy that he might not uncover his head Uladislaus therupon causd his Cap to be so girded and knotted about that it could not be taken off Sic Ars d●…luditur arte But ther is a Modern Example far more pregnant then any of these of Charles the first King of England whose Journey to the Court of Spain though the designe was Princely and Noble in it self for it was to endear himself the more to the Lady Infanta yet it provd very disadvantagious for it distracted and retarded the whole business both of Match and restitution of the Palatinat when by the negotiation of Ambassadors it had bin brought to such a passe of perfection that it had taken effect had not the Prince come thither which gave occasion for the two great Favorits Buckingham and Olivares to clash one with another which broke the neck of so great a Business that had bin a moulding above ten yeers which had it bin left to the sole management of Ambassadors had in all probability bin consummated Thus we see how absolutly requisit and necessary how advantagious and essential Ambassadors are to a Kingdom or Common-wealth which made the Roman Orator say Sentio Legatorum munus tum Hominum Praesidio munitum esse tum etiam Divino Iure circumvallatum I ●…old the function of Ambassadors to be fencd by mens power and fortified by Divine right We will conclude with a Cannon of the Civilians Legatorum munus perquam utile est ac perquam necessarium The Office of Ambassadors is most 〈◊〉 and most necessary which makes the Spaniards call it Santo Officio y Ministerio de los Angeles The holy Office and Ministry o●… Angells The third Paragraph 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 qualifie and employ Ambassadors FRom the Necessity of Ambassadors we will proceed to their Antiquity and surely they must needs be very ancient if they are so necessary Some draw their antiquity from Belus the Father of Ninus but Iosephus makes them more ancient and refers their Original to God Himself who was pleasd to create the Angels for this Ministry Therfore Embassy in Greek is calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as being derivd by imitation from the Hierarchy of Angels who are made the Ambassadors of the great King of Heven upon extraordinary occasions either for revelation of the successe of Kingdoms as the Archangel Gabriel was to Daniel Or for the declaring of some rare and signal thing as He was sent also to the Blessed Virgin of the Conception of our Saviour c. Now ther is no Order or Government in this lower World as well Ecclesiastical as Secular but it is had from the Pattern of the higher in regard that God Almighty created the Elementary World and appointed the Government therof to conform with the Architype and chief Pattern or Ideal Form of the same conceavd at first in the Divine mind and prescribd to the Hevenly Kingdome Herunto alludes the Fiction of the ancient Pagans For Aristides tels us that in the first Age of the World wheras Mankind was infected by Brute Animals wherof some were far stronger others swifter others were Venemous which made Mankind become often a prey to Birds to Beasts and Serpents Prometheus being sollicitous and studious for the safety of the humane Creture became Ambassador or Orator to Iupiter for declaring the misery of Mankinde Herupon Iupiter resolvd to send his son Mercury to teach Man Rhetorik that is to speak well and movingly but with this restriction that he shold not communicat this Art to all but to the excellentst the wisest and valiantst sort of men By means herof they came down from the mountains and forth out of Caves and places of fastness and by means of that Art of Rhetorik or Eloquence they united themselfs to civil Societies and coalitions Hence it may be inferrd that Mercury the God of Eloquence was the first Ambassador and he is painted with wings on his heels to denote expedition Besides he carrieth a white Wand calld Caduceus in his hand encircled with two Dragons greeting one another which signifieth that his Office is to make Peace Alliances and Legues as also to de nounce VVar which is intimated by the immanity of the Dragon Having thus displayed the Antiquity we come now to the Honor of Ambassadors and questionless they must needs be very honorable being so ancient Royalty may be said without prophaness to be a Ray of Divinity and Honor is a Ray of Royalty The first is derivd immediatly from Heven the other from Earthly Kings who are calld the Fountains of Honor. Now the reflections of this second Ray falls no where so directly as upon Ambassadors who represent and personat Souverain Princes which makes their Houses Sanctuaries and their Persons so sacred inviolable and excellent and they have this high honor given them not only for their own sakes and their Masters but as they are Instruments of
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
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 i●… 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 Precede●…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 Fai●… to Fai●… 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