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A80650 A briefe abstract of the question of precedency, betweene England and Spain Occasioned by Sir Henry Nevil Knight, the Queen of Englands embassadour, and the embassadour of Spain at Callys, before commissioners appointed by the French King: who had moved a treaty of peace in the two and fortieth yeare of the reigne of the same Queen, by Robert Cotton Esquire, at the commandement of the Queens Majesty. Cotton, Robert, Sir, 1571-1631. 1642 (1642) Wing C6482A; Thomason E128_2; ESTC R231682 4,935 8

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A briefe ABSTRACT OF THE QVESTION OF PRECEDENCY BETWEENE ENGLAND and SPAIN Occasioned By Sir Henry Nevil Knight the Queen of Englands Embassador and the Embassadour of Spain at Callys before Commissioners appointed by the French King Who had moved a Treaty of Peace in the two and fortieth yeare of the reigne of the same Queen by ROBERT COTTON Esquire at the commandement of the Queens Majesty LONDON Printed by L.N. and R.C. for Thomas Slater at the signe of the Swan in Duck lane Novemb. 24. 1642. THE PRECEDENCY OF ENGLAND and SPAIN Place Antiquities Kingdome or a Christian Kingdome of the throne Roya● or Eminency Or Person Nobility of bloud or Antiquities of government precedency of England in respect of the antiquity of the Kingdome TO seek before the decay of the Roman Empire th● antiquity of any kingdom it were a meer vanity when as the kingdoms of Christendome now in being had their rising from the fall thereof at which instant Vortigeras a native of this Isle fir●t established here a free kingdom 450. years from whence her Majesty is in descent Lineally And it is plain that as we were later than Spain reduced under the Roman yoke so were we sooner freed from it Subsequence of Spain Spain since the dissolution of the Roman Empire articuled no King till of late For Attala●icus from whom they would upon slender warrant ground their discent was never stiled Rex Hispaniae but Gotharum Rodoricus Sanctus pag. 312. And the kingdome of Castile wherein the maine and fairest antiquity of Spaine rested began not before the yeare of Christ 1017. whereas they were but Earles of Castile before So that the kingdom of the English begun which was alwayes as Beda observes an Heptarchy 460. years before Castile or Spain Precedency of England in respect of Antiquity of Christian Religion Joseph of Aramathea planted Christian Religion immediatly after the Passion of Christ in this Realme And Aristobulus one of them mentioned by S. Paul Rom. 16. Baronius Dorothorus Beda Beda Baro. Donaco Constantini was Episcopus Britannorum and so likewise was Simon Zelotus The first Christian King in Europe was Lucius Sirius The first that ever advanced Papacy of Rome was the Emperour Constantius born at York of whom in the Roman Lawes neer his time is written Qui Veneranda Christianorum fide Romanorum immisit Imperium And to him particularly more than to other Emperours are these Epithetary attributed Divus divae memoriae divinae memoriae orbis l●●erator quietus fundator reipublicae instaurator publicae libertatis a●● magnu● maximus invectus restitutor urbis Romae atque orbis And there have been more Kings and Princes of the bloud Royall Confessors and Martyrs in England than in any Province in Europe And from Ethelbert King of Kent converted in anno 596. untill this day Christianity hath been without interruption continued Subsequence of Spain In the time of Claudius S. James preached in Spain but gained only nine soules So did he in Ireland as Vincentius saith and they cannot count Christian Religion to be then planted in Spain which shortly after was first tainted with the heresie of Prisilian then with Gothish Arianism and after defaced with Moorish Mahometism from 707. yeares after Christ in continuance 770. years until Ferdinando King of Aragon and Castile utterly expelled the Moores from thence Precedency of England in respect of the more absolute authority politicall The Queen of Englands power is absolute in acknowledging no Superiour nor invassalage to Pope nor Emperor For that subjection which by King John was made to Innocentius the third after in Parliament Per praeceptum Domini Papae septimo Julii cum fidelitate homagii relaxatur omnino Sir Thomas Moore in his Debellation saith The Church of Rome can shew no such deed of subjection neither that the King could grant it of himselfe And Eugubinus in his Defence of Constantius Donat. nameth not England where hee reciteth all the feodary Kingdoms to the Papacy Ex legibus Canat The Peter-pence were not duties but Eleemozynae Regis neither the Roman Scot but Regis largae benignitatis parem non habet Rex Angliae in regno suo multo fortius nec superiorem habere debet saith Bracton Ipse non debet esse sub homine sed sub Deo habet tantum superiorem Judicem Deum Likewise in appointing Magistrates pardoning life appeales granting priviledges taking homage and the like And this Jura majestatis not limited in sensu numerato bello Judicando pace ineundo Eulentherius the Pope 1400. yeares ago in his Epistles to Lucius King of Brittaine stileth him Vicarius Dei in regno suo So is the King of England in Edgars Laws and Baldus the Lawyer saith Rex Angliae est Monarcha in Regno suo and Malmesbury post conversionem ad fidem tot tantos obtinuit libertates quot Imperator Imperio Subsequence of Spaine The King of Spaine hath no Kingdome but is Feodary as Castilia enthralled by Oath of subjection and Vassaledge from King Henry to Charles the fifth of France 1369. ex foedore con●racto And for the Netherlands there is due to the French King or the Papacy as Aragon to Innocentius the third by Peter 1204. confirmed by Ferdinando and Alphonsus 1445. and from James by the like Oath 1453. And to Sardinia and Corsica the Kings of Aragon from the Bishops of Rome were under Oath of subjection invested ex formali fiducia The Kingdome of Portugal in vassall●ge to the Pope under an Annuall tribute And the Canaries Hesperides and Gorgon Ilands subjected to the Sea of Rome under the chiefe Rent of foure hundred Florens by Lewis King of Spain 1243. of both the Indies Alexander did reserve the regalities of Scicilia to the Church as chiefe Lord. And Grando and Navar were made Feodary to the Pope under Julius the second Naples at every change sendeth a Palphery as an Heriot due to the Church of Rome and of the Empire hee holdeth the Dukedome of Millain So that it is questionable among Civilians whether he be Princeps which holdeth in foedo all of others his absolute authority restrained in Aragon by Justitia Aragonica in Bisca and other places by particular reservations and his Jura Majestatis in sensu numerato bello judicando pace ineundo c. limited by the priviledge of the State as in Braband and else-where in his Spanish territories ex propriis constitutionibis privilegiis Precedency of England in respect of more absolute Authority Ecclesiasticall Her Majesties power is more absolute in this confirmed by ancient custome and priviledge more than any other Christian Prince for no Legat de latere in England de Jure allowed but the Archbishop of Canterbury if any be admitted by curtesie hee hath no authority to hold plea in the Realme contrary to the Laws thereof Placit 2. H. 4. And before hee was admitted and entred the Realme he was to take oath to do nothing
dirogatory to the King and his Councell placit an 1. H. 7. No man might denounce the Popes Excommunication nor obey his authority on paine to forfeit all his goods without assent of the King or his Councell placit 32. 33. Edw. 1. Malmsb. Dunst Rot. Henry the first called a Provinciall Councell and so did Canutus and others No appeale to Rome without the Kings licence an 32. 34. Edw. 1. Investure of Bishops and Church-men in the Kings hand ex Matth. Paris Hen. Huntington De gratis Pontific Dunel placit 32 Edw. 1 and in 32. Edw. 3. where the reason of the Ecclesiasticall authority to suspend or bestow Church livings is yeelded Quia Angliae unguntur in Capite Subsequence of Spain The King of Spain can pr●s●ribe no custome to prohibite the Popes Leg●te nor useth any authority penall over the Clergie Spaine can produce no example of any Provinciall Councell by call of their King Bodin lib. 1. cap 2. towards the end writeth that the Kings of Spain Non sine magna mercede impetrarunt sexti pontificis Romani rescriptione peregrinis sacerdocia tribuerentur Appeales from the King to Rome allowed so the Kings of Spaine hath no power Ecclesiasticall having dispoiled themselves of all by inthralling their kingdomes to the Church of Rome Precedency of England in respect of eminency of Royall dignity The Kings of England are appointed as the Kings of France who only have their preheminency before other Kingdomes declared by miracle in the cure of the Regis morbus which they can effect onely and that of antiquity from Edw. the Confessor who lived in an 1067. who healed many Beda lib. 2. They are superiour Lords of the Kingdoms of Scotland and Man and Vicarii Imperii as Edw. 3. and Oswold intitled him Rex Christianissimus They are filii adoptionis Ecclesiae as the Emperour is filius primogenitus and the King of France filius natu minor They are accounted among Reges superillustres in this Order Imperator Rex Franciae Rex Angliae Franciae Vido Corset England in the generall Councels at Constance and Pisa was made a nation when all Christianity was divided into foure Nations Italicam Gallicam Germanicam Anglicam ex lib. Sacrarum Ceremoniarum Ecclesiae Romanae Whereupon a seat accordingly was allowed at the three Generall Councels viz. Constance Pisa and Sienna to the English Embassadour next to the Emperour on the left hand to the King of France on the right hand which were ancient themselves before the Spaniards at Brasill 1431. began to contend for precedency where it was in the first Session ordered that all Legats should hold such places as they had enjoyed then before according to their worth and antiquity yet in the common Councell of Trent the precedency of France with Spaine was made questionable Augustus de Carallis as the strongest reason to bar the French interest inferred the Queene of England from her Ancestors both in respect of inheritance conquest and gift de Jure Queene of France by which reason when he doth shake or overthrow as he doth consequently the precedency of England And at a treaty betweene Hen. 7. and Philip of Castile 1506. the Commissioners of England did subsigne before the others and in the Treaty of Mariage with Queene Mary an 1533. those of England are first rehearsed and at Burburgh an 1588. they gave it to her Majesties Embassadors And in respect of the eminency of this Royall throne to the Sea of Canterbury was granted by Urbane at the Councell of Claremount an 1096. for ever the seat in Generall Councell at the Popes right foot who at that time uttered these words Includamus in Orbe nostro tanquam alterius orbis Pontificem maximum Subsequence of Spain 1 The Kings of Castile are never anointed neither hath the Spanish Throne that vertue to endue the King therein and be invested with the power to heale the Kings-evill for into France doe yearely come multitudes of Spaniards to bee healed thereof 2. No Kingdome held in Fee of him 3. Spaine at the said Councell not remembred one of the Sonnes of the Church 4. The King of Spaine placed last after the King of England Intersuperillustres by the said Corsetus 5. The Kingdome of Spaine then comprised under Italica natio and no Nation of it selfe as in old time it was called Iberia minor as a member of Italy England being Britannia major At which time the Spaniard contented himselfe with the place next the King of France Precedency of England before Spaine in respect of Nobility of bloud Her Majesty in lineall descent is deducted from Christian Princes for 800. yeares by Ethelbert a Christian 596. and the matches of her progenitors have been most Royall with France Germanie Spaine Scotland and others Subsequence of Spaine For their antiquitie of Descent as Kings of Spaine is chiefly from the Earles of Castilia about 500. yeares since for they cannot warrant their descent from Attalaricus the Goth and as Dukes of Austria from the Earles of Habspurgh only about 300 yeares since Their matches anciently for the most part were with their subjects and of late in their owne bloud Precedencie of England in respect of antiquity of Government Her Majestie having reigned now most happily about 42. yeares This we would not at this time have alledged but that the Spanish Embassador at Basil objected in this respect the minority of King Hen. 6. Her sex herein is nothing prejudiciall when as both divine and humane Lawes do allow it and accordingly Spaine England and Hungaria insomuch that Mary the last Queene was alwayes stiled Regina Maria Hungariae Subsequence of Spaine The King of Spaine is yet in the infancie of his kingdome For the precedency may be viz. the antiquity of the Kingdome when as Castile Aragon Navarre and Portugall had their first Kings about 1025. The ancient receiving of the Christian Faith by Joseph of Arimathea Simon Zelotus Aristobulus yea by S. Peter and by S. Paul as Theodoretus and Sophrinius do testifie This kingdome was held of God above and in no Vassallage to the Emperor or Pope as Naples Sicilia Aragon Sardinia and Corsica Sir Thomas Moore denieth that King John either did or would make England subject to the Pope and that the tribute was not paid pag. 296. but the Peter pence were paied to the Pope by King John by way of almes The absolute power of the King of England within other Kingdomes is much restrained England is accounted the fourth part of Christendome For in the Councell of Constance all Christianity was divided into foure Nations as aforesaid and accordingly gave their voyces England in the opinion of the Pope is preferred because it is contained in the Ecclesiasticall division Two large Provinces which had their Legati nati when as France had scantly one The Emperor is accounted Major filius Papae The King of France is Filius minor The King of England Filius adoptinis The Archbishops of Canterbury are accounted by the Pope Tanquam alterius orbis Papae and appointed to have places in Generall Councels at the Popes right foot The title of Defensor fidei as honourable and as justly bestowed upon the Kings of England as Christianissimus upon the French or Catholicus upon the Spaniard Edw. the third was created Imp. vicarius perpetuus Imperii cum jure rite notisque in omnes 1338. Imperii subditi and the Kings of England Papae vicarii by Pope Nicholas the second viz. Coporave 1065. Innocentius the fourth said Vere hortus delitiarum est Anglia vero puteus inexhaustus ubi multa abundant c. 1246. King Hen. 2. elected King of Ierusalem by the Christians 1185. Richard the first conquered the kingdom of Cyprus and gave it to Guy L … whose posterity reigned there untill of late yeares This kingdome hath heretofore challenged the superioritie over Scotland as aforesaid and is now at this time the absolute Lord of Ireland besides it still retaineth the title to the Kingdome of France FINIS