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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
Barrels and t is worth the observation what a world of variety of Wines grow up and down for one can scarce go twenty miles but ther is still a differing sort of Grape In some places in Burgundy and Champagne ther are Wine-vessels as big as some houses in height not inferior to those vast Vessels of Heidelberg Tubinga and Groninghen as the ingenious Lansius hath it Touching Hemp and Flax the third Staple Commodity of France what mighty rich Procedes come thereof For though it be a despicable Vegetal in sight and unsavory in the handling yet it is of such virtue that it can remove Rome to Hercules Pillars Egypt to Italy the East and West Indies into England a Vegetal that can controul Eolus and overmaster Neptune himself I mean the impetuous Whirlwinds of the one and the tumbling Waves of the other Now where doth this most useful Commodity grow more plentiful then in France Nor doth she hereby furnish her Neighbors far and neer only with Sayls for their ships but with shirts for their backs sheets for their beds and napery for their tables Touching the last great Staple Commodity of France which is Salt t is so savoury in the Kings Coffers that he draws twenty Millions of Livres evry year from the Gabel of it besides that incredible proportion which is spent in France it self what Millions of Mesures are laden out for other Countries Spain also hath this Commodity to a superfluity but her Salt is more corroding and acrimonious then the French Therfore when the Emperour Charles the fifth as Lansius relates had put out a Placart prohibiting that no French Salt shold be brought into the Netherlands the Country was like to mutiny for that tart Proclamation because the Spanish Salt which was permitted only to be imported was not so sweet and vigorous as the French specially as that of Rochel wherwith if Flesh be salted and a Ship victualld with it to the furthest part of the East-Indies it will eat as sweet at the return of the Ship as it did at first as t is found by the frequent experience of our Navigators Concerning the Air and Clime of France it is the most cheerful and temperat of any other under the Canopy of Heven which makes the inhabitants therof so spritful and debonnaire T is rare to find a French-Woman melancholy which was the ground of the Proverb To make a compleat Wife let her be English to the Neck From the Navil to the Knee Dutch From the Knee downward Spanish But from the Neck to the Navil French which relates to the Heart and to the merry disposition therof Nor are the French-women spriteful and merry most of any but they are also wise and judicious for Cassanaeus relates in his Catalogo Gloriae Mundi that in the famous old League which was struck twixt Hannibal and the Gaules it was capitulated that if any Gaule was wrongd by a Carthaginian a Carthaginian Magistrat shold be his Judge but if any Carthaginian shold be wrong'd by a Gaule Gallic Women shold be Judges therof I will conclude this Argument with the quaint Verses of Baptista Mantuanus an Italian Ignea Mens Gallis Lactea corpora nomen A candore datum populis Muliebra tingit Ora color Tyrius Paphium meditata colorem Ex geminis fecit Natura coloribus unum Laeti alacres lusu choreis carmine gaudent In Venerem proni proni in Convivia proni Ante Dapes adsacra Deum servire j●…gumque Ferre negant fugiunt figmenta hypocrisin Ore Liberi ingenuus mos est Tetricosque perosi c. The third Argument A Nobilitate Regiminis from the Nobleness of Goverment THe form of Goverment in the Kingdome of France is partly Civil partly Polemical It is a mixt Goverment between Peace and War composd of Military Discipline as well as of Civil Justice in regard that France having so many open Frontires and powerful Neighbours by Land they cannot as other Countries joyn Peace and Security together Touching their Martial Goverment t is very exact ther are divers Regiments of Horse and Foot in perpetual pay being inrolld and always ready for any occasion of Service Moreover in all the Provinces and places of strength ther are Governors and Garisons dispersd up and down which is very advantagious for the preferment of the Gentry Now the Governors are so cautiously disposd of by the King that not any of them hath means to betray or deliver up a Province into the Enemies hands the commands therof being so divided For though the Governor commands the Country in general and commonly the chief Town yet ther is a Lieutenant that holds also by Patent immediatly from the King and not from the Governor and betwixt these two ther are some emulations and umbrages ever and anon Then most part of their Towns Castles and Fortresses have particular Governors not subordinat to the Governor of the Province but deriving their power expresly from the King so that in many places the Town hath one Governor and the Castle another Indeed the Country of Provence only was usd to have a Privilege that Her Governor held it without a Lieutenant The Noblesse or Gentry in France are the sole body which participat in some fort with the Prerogatives of the Crown for from it they receave Privileges above other men and a kind of limited Regality upon their Tenants besides real Supplies to their Estates by divers Employments Pensions and exemption from Tallies upon their own Demeans and Lands as long as they manure them by their own servants but what Lands they let out to Tenants is presently Talliable which causeth proportionable abatements in the Rent and in compensation for this They onely owe the King the service of the Ban and Arriereban which is to serve him or his General three months within the Land at their own cost Now as in time of War the Noblesse undergo most part of the danger so is their power then more peremptory above the rest of their fellow-subjects wheras in time of Peace the King is ready to countenance inferiour persons against them and is contented to see them wast one another by contention in Law or otherwise for fear they grow too rich Because it is a principle of State in France That as the Noblesse use to do him the best service so They only misapplyed can do him most harm Now the ancient French Gentry was much diminished in the Croisades or Wars of the Holy Land because that to enable them for the service divers of them did hipotheque or morgage their Fiefs and Lands to the Church which are not redeemd to this day Insomuch that it is thought by sundry Computations which have bin made that the Gallican Church possesseth the third part of the fattest Fiefs in France Now upon the foresaid diminution the French Gentry have been repaird and made up since from time to time of Advocats Financiers and Merchants wherof a