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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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Emperours and Kings with innumerable sorts of Pilgrims Charlemain came of purpose to do his Devotions in that Church where such mighty miracles are daily wrought Now in Tarragona the most blessed Virgin appeerd to St. Iames and gave him order to erect a Church there which is the ancientst of any in the Christian world Moreover for the predication of the Gospel the hevenly tidings of salvation it began in Spain three yeers after the passion of Christ as it is recorded in the Ecclesiastical History of Baronius and confirmd in the Council of Trent with the whole current of Antiquity so that it can be no less then an Impiety to make any hesitation therin After the predication of St. Iames Saint Paul also came to Spain nay the Prince of the Apostles St. Peter performd a peregrination thither and among others he converted Epinetus so that the Christian Faith was founded in Spain by these three great Pillars of the Church Saint Torquatus Bishop of Guadix was one of the first whom St. Iames reducd to Christ and ther is an Olive-tree planted by his hand which bears fruit to this day and the Bridg is yet remaining which broke and fell down under those who did poursue and persecure the Christians in those days Saint Cecilius his Church neer Granada is standing to this day where also so many miracles and wonderful cures are commonly wrought There also is the famous Valparayso the Valley of Paradise where so many Martyrs sufferd and their Reliques remain to this day as appeers by this Record which I thought worthy to insert here In nomine Dom. nostri Iesu Christi En el anno ix del Pontificado de nuestro santissimo Padre Clemente Octavo y el anno 2. del Reyno del Clementissimo y Catholico Don Philippo 3. Nos Don Pedro de Castro por la gracia de Dios y de la santa sede Apostolica Arsobispo de Granada del consejo del Rey ●…uestro senor con consejo y asenso de los Reverendissimos Prelados Don Iuan de Fonseca Obispo de Guadix del consejo de su Magestad provincial y sufraganeo nuestro y Don Sebastian Quintero Obispo de Gallipoli y Don Alfonso de Mendosa Abad de Alcala la real A●…iendo tratado de las Reliquias que el anno del nacimiento de nuestro Salvador I●…su Christo de 1595. se hallaron deribando una torre antiquisstma en esta santa Iglesia y otras en el monte que Llaman Valparayso el conocimiento y aprobacion de las quales nos pertenece por derecho y por el santo Concilio de Trenta y por comission especial de nuestro muy santo padre Clemente Octavo Visto este processo y todas las informaciones averiguaciones y diligentias en el hechas y aviendo avido conse●…o y deliberacion con barones m●…y doctos pios y Theologos y de otras facultades con nos congregados y todo lo demas que fue necessario y verse convino Fallamos de un mesmo parecer y asenso en que fueron todos conformes que devemos declarar In the name of our Lord Jesus Christ In the ninth year of the Pontificat of our most holy Father Pope Clement 8. and in the second year of our most merciful and Catholick King Don Philip the 3. We Don Pedro de Castro by the Grace of God and the holy Apostolik Seat Archbishop of Granada of the Council of the King our Lord with the counsel and consent of the most reverend Prelats Don Iohn of Fo●…seca Bishop of Guadix of his Majesties Council our Comprovincial and Suffragan and Don Sebastian Quintero Bishop of Gallipoli and Don Alonso de Mendosa Abbat of Alcala Having treated of the Reliques which were found 1598. by pulling down a Wall in this most ancient Church with others in the Mount Valparayso the knowledge and approbation wherof belongs to Us by the holy Council of Trent and by special commission from our holy Father Clement the 8. The process herof being seen with the Informations Averiguations and diligences done therein and having taken the advice and deliberation of most learned and pious Theologues with other Faculties which was convenient and necessary to be done We find according to the concordant and unanimous consent of all that we ought to declare and we do hereby declare define and pronounce the said Reliques in this process containd viz. the one half of the cloth wherwith the glorious Virgin Mary wipd her Tears at the passion of her Son our Saviour and a bone of St. Stephen the Protomartyr are the tru cloth of our Lady and bone of St. Stephen and that having bin hidden lockd up and kept in the Wall of a most ancient Tower which was built neer this Church being put in a Leaden Box lind within and without and within the said Box a Letter of most ancient parchment wherein Patricius the Priest relates the said Reliques to be and that he did hide them there by the command of Saint Cecilius and all was found within the said Box upon St. Iosephs day 19 of March by pulling down and destroying the said Tower We likewise declare define and pronounce the said Bone Dust and Ashes and white Morter which were found in Valparayso to be really the Reliques of holy Martyrs who now rejoyce and raign with God in Heven viz. of Saint Cecilio Saint Hiscio Saint Cthesiphon Disciples to the most blessed Apostle Saint Iames Zebedeus and of Saint Setentrio and Patricio Disciples of St. Cecilio and of Turillo Panuncio Maronio Centulio Disciples of Saint Hiscio and of St. Maximinio and Lupario Disciples of St. Cthefiphon and St. Mesiton And the said Saints sufferd Martyrdome some by fire being burnt alive some shut up in the Caves and Caverns of the said Mountains for the Faith of our Redeemer Jesus Christ and for preaching and publishing his Gospel in the second yeer of the raign of Nero St. Cecilio with his Disciples suffring upon the Calends of February St. Hiscius on the Calends of March and St. Cthesiphon with his Disciples on the Calends of April as four Leafs of Lead do manifestly shew in Latin Letters written in most ancient characters with other old Instruments of Lead all which was hidden and found in the caverns of the said Mountains and never discoverd until now and this process is verified and God hath confirmd it by divers miracles In consequence wherof we declare that the said Reliques ought to be receavd honord reverencd adord with honor and holy worship as the tru Reliques of the most blessed Virgin our Lady and of the said Martyrs who raign now w●…h God according as the holy Catholik Church doth accustome to have in due veneration such Reliques of Saints and expose them to publik view to that effect That they may be incited to invoke them accordingly And we with others here congregated do so receave and reverence them commanding that they
going out Among Artificers and Men of Trade the Civilians say that each one is to precede according to the Dignity of the Stuff wheron they work Moreover when Publik Instruments are made that Kingdom in whose Right t is made hath the Precedence so somtimes Scotland is namd before England c. General Precedences do differ according to the Genius of some Nations as among the Turks to go on the left hand is more honorable sedendo incedendo in sitting and going then on the right and the reson is good because he may seaze upon his Companions Sword at plesure In Spain the Pages and Laquays go before and the Lords follow And in some cases t is so in France as in going over a Bridg a Plank or a River the Man goes before the Master according to the old Proverb En Pont en Planche en Riviere Valet devant Maitre derriere Concerning Ambassadors ther is a way that they shall never clash which is to make them Parallels viz. that the Ambassadors of those Kings who stand in competition for Precedence do never meet unless it be in visiting one another And the Mathematician tells us That Parallelae etiamsi ducantur in infinitum nunquam concurrent Parallels although they be drawn in infinitum they will never meet and if Ambassadors never meet they will never jussle or jarr J. H. THE Civilians Antiquaries and Historians BOTH Latin English British Italians Spanish and French That were Consulted and Cited in the Compilement of this WORK GOldastus Cassanaeus Besoldus Valdesius Francisco Vasquez Volaterranus Bodin Boterus Albericus Gentilis Lansius Augustin Caranato Thesaurus Politicus Ant. Corsetus Camillo Borrello Boccolini Sleidon Dr. Gaspar Bragaccia Paschalius Don Ant. de Zuniga Mariana Garibai Fredericus de Marselaer Carolus de Grassaliis Du Haillan Comines Pierre Matthieu The Bishop of Rhodes Du Serres Vers●…egan Il Conte Losco The Lord Coke Bishop Usher Sir Thomas More Sir Walter Raleigh Sir Robert Cotton Sir Henry Spelman Sir Richard Baker Sir Iohn Finet Sir Iohn Price Iudg Doddridge Humphry Lloyd Iudg Ienkins Mr. Campden Mr. Selden Mr. Fabian Philipps Barclays Argenis Matthew Paris Polydore Virgile Sir Henry Wotten Sir Isaak Wake Mr. Minshew Besides these Authors many Ancient Records and Manuscripts have bin consulted and the perusing of old Parchment-Records is a hard and harsh Work it may be said to be like the peeling of old Walnuts ANALYSIS Totius Operis TOuching the Matter and Method in framing this Work it is by dividing it into four Compartments viz. into four Sections The first three treat of the Precedence of Kings The fourth of Ambassadors Evry one of the Sections is subdivided into ten heads or Paragraphs containing still new matter The first Section consists of the Resons of the King of Great Britain c. First That He had to his Predecessors as ancient Kings as France and Spain and as famous among others Mulmutius Dunwallo who raignd here many hundred yeers before the Romans came in and he was so great a Legislator that his Laws are calld Leges Mulmuntinae and stand upon record to this day Moreover his Majesty now Regnant is the hundred thirty ninth King of Britain and the hundred and ninth of Scotland wheras neither Spain or France can shew a Catalog of half the number 2. The King of Great Britain had to his Predecessor the first Christian King that ever was upon earth viz. King Lucius according to the concurrent Opinion of all Antiquaries for St. Peters Church in Cornhil was built by him as a Record yet extant shews and this was many hundred yeers before France or Spain had any Christian King which made England to be entitled in all dispatches from Rome Primogenita Ecclesiae the first-born Daughter of the Church Now it is a Canon among the Civilians Summa Ratio quae ducitur à Religione and Grotius hath also a Principle Qui primò Christianismum professi sunt Praecedant c. 3. The King of Great Britain hath a Merum immixum Imperium he hath as absolut Possession and Authority and more Independent then France or Spain take Spiritual and Temporal together 4. The King of Great Britain for Eminence of Royal Dignity for State and Titles hath as fair Flowers He hath as rich Jewels in his Crowns as any other He hath as Noble Arms the Cross and the Lyon who is King of Animals 5. The King of Great Britain had to his Predecessor the first Christian Emperour Constantin and the first Christian Worthy Arthur the first Founder of Martial Knighthood whom ther is Truth enough to make Famous without that which is thought Fabulous 6. The King of Great Britains Predecessors were the first who freed themselfs from the Roman yoke long before France or Spain and this is one of the greatest Arguments that those Kings do produce for a Precedence one of another 7. The Kings of Great Britain had Precedence adjudgd Them both of France and Spain in General Councils as also by the Decrees of Popes as it will appeer in the following Discours 8. The King of Great Britain is Souverain of as Noble an Order of Knighthood as any in Christendome wherof eight Emperours and well neer eight times as many Kings have bin and is more ancient then the Royal Orders of France or Spain 9. The King of Great Britain hath had as Martial and Magnanimous Progenitors as any of the other two who performd great Acts both far and neer and touching Exploits in the Holy Land the Kings of Spain had little share in them 10. The King of Great Britain hath as free-born and strong sturdy Peeple of four several Nations to make Soldiers of as either France or Spain He hath the best Mariners the stoutest Men of War the Noblest Haven for so Milford is accounted by all Geographers He hath the Inaccessiblest Coasts with the greatest Command and Power at Sea both Defensive and Offensive of any King whatsoever The second Section Consists of Reasons and Arguments why France doth pretend and challenge Priority of Place which Reasons under favor may be appliable also to the King of Great Britain and the world knows why But for to make the King of Great Britain come after the King of France is to make him come behind himself which is no less then an absurdity The third Section Consists of the Reasons and Arguments which Spain alledgeth for Precedence at least of an Equality with the two forementiond Kings extracted with as much fidelity as carefulness out of her own Authors as Don Diego de Valdez D. Francisco Vasquez with others The fourth Section Consists of a Discours of Ambassadors T is tru ther are some who have written of this subject already yet not any under this Meridian But those Forreners who have discoursd therof do amuse the Reader with such general Notions that the Breeding and Qualities which they require as also the Monitions Precepts and Instructions which they prescribe may fit any
meum apponerem consuetum Testes qui fuerunt praesentes ad ista unà mecum sunt Dom. frater Martinus Lupi Magister Militiae Domus de Alcantara Ordinis Cistern Rogerus Dom. de la Wara Gomeicus dicti Dom. Regis Magister Paulus Gabrielis Civis Ispalensis Iohannes Guttern Decanus Ecclesiae Segobien Magister Robertus Fregand Notarius Cancellarius Domini Principis Aquitaniae Walliae supradicti Then the Great Seal of Castile and Leon was affixd By vertue of this Charter legally made to King Edward and the Prince his Son and to their Heirs and Successors Kings and Princes of England for ever it is therby granted that whensoever it shold please them to be in person in the Wars with any King of Castile against the King of Granada or any other Enemy of the Christian Faith They shold have the First place in the Vangard above all other Princes of Christendom and although neither of them were present yet ther shold be always provided by the Kings of Castile and their Successors a Standard of the Arms of England to be born in the same place This Instrument was made after that the Black Prince had done the Work and restord Don Pedro to his Kingdom therfore he passd it as a Monument of eternal Gratitude unto him But before the Prince uudertook the business ther was also a Bond from the King to pay so much money for defraying the Princes Army and in consideration also of this undertaking it was legally agreed that the Prince shold have the Castle of Vermeo de la Quet Bilbo Biscay and the Castle of Ordials A tenir perpetuellement à li ses Heirs Successeurs pour doner là où luy plerrà to be held perpetually by Him and his Heirs and Successors and to give to whom he pleasd All which was ratified under the Great Seal of Castile and confirmd by Oath upon the holy Sacrament in the great Church of Burgos The Original of which Instrument remains yet in Thes. Regio apud Westm. We will pass over the Exploits done in Armorica or Little Britany and cross over to a tougher Peeple the Scot who though Conterranean and our neer Neighbours yet they did always confederat with the French against England and England still boar up single and victoriously against both of them For when Scotland was at the highest pitch of power when she had active and boysterous Kings to her Generals and the French for her Coadjutors and Auxiliaries as also the Danes in Ages past yet the English carried away many fair Victories with divers of their Kings Prisoners As will appear by a short Survay we shall take of such Battails and Warlike Encounters which intervend from time to time twixt the two Nations We will begin with that famous Battail twixt King Athelstan and them when they had a great Army of Danes joynd with them and being twice in number more then the English yet King Athelstan obtaind a signal Victory both by Prowess and Policy for the two Armies being ready to joyn the English made semblance to flee away leaving their Bagage behind which as the Scot and Dane were a sharing the English did suddenly wheele about by the advantage of a Woody Hill and finding them in disarray and laden with Booty they rushd upon them with such a Resolution that above 40 thousand of them and as Buchanan their chief Chronologer hath it the flower of their Nobility perishd there at that time The first Fire-ball of War which was thrown twixt both the Nations since the Norman Invasion was in William Rufus his Raign when the Scot having made divers Incursions into the English Borders Moubray Earl of Northumberland was sent against them who incountring their King Malcolm with his eldest Son in the Field they were both slain and the whole Army overthrown In King Stephens days Thurston then Archbishop of York was sent with an Army against the Scot who meeting the King himself in the head of his Forces utterly routed him with the death of above 10000 of his Men. Henry the second employd only the Knights of Yorkshire as Humphry-vile Scuttvil and Vescy to make head against the Scot which they did with such Valour and Success that they took the King in the Field and as a Trophy of their good Service and Victory they presented him Prisoner to the King at Northampton whence he carried him along to attend him in his French VVars William the Scots King attended Richard the Lion-hearted at his second Coronation when he returned from the Holy Land and carried the Sword before him bare-headed Edward the first calld in story and as his Tomb in Westminster tells us Scotorum Malleus the Hammer of the Scots summond King Baliol to Newcastle to swear Fealty unto him but fleeing afterwards to the French King at his return King Edward summons him again to Berwick where he re-submitted himself with all his Nobles in open Parlement which King Edward held there and for Caution brought Baliol along with him leaving the Earl of Surrey Warden of Scotland Then started up a notable Blade one Wallis who notwithstanding that King Baliol was Prisoner in England gatherd such a strength that causd King Edward to go again in person and at Fonkirk Battail killd outright 200 of their Nobles and Gentry with about forty thousand Common soldiers Then he summons a Parlement at Edinburgh where all the Scots Nobles swore Fealty to him and then he carried away thence their Great Charter calld the Ragman-Roll the Black-Cross and the Stone wherein they believe the Fate of Scotland is fixd Then ther was a third Provocation offer'd for le Bruce was crownd King of Scotland wherupon the Earl of Pembrook was sent against him who utterly defeated him at Iohnston yet all was not quiet but King Edward was forcd to make a fourth expedition thither in person when he constraind le Bruce to flee away to Norway where he blew on his Nayls while King Edward liv'd But Bruce being come back and Usurping during Edward the seconds time who we read was so infirm and infortunat a King his Father Edward the third restord Baliol by force of Arms and made him swear Fealty to England again But some yeers after King Edward being deeply engagd in the French Wars David the next Scots King rush'd into England with about sixty thousand men being confederat with the French King to divert the War there But Queen Philippa with the Archbishop of York and the Lords and Knights of the North encounterd this huge Army and utterly defeated it one Copland taking the Scots King Prisoner whom he he reservd for a present to give King Edward when he came from France and to keep company with Iohn the French King who also was taken Prisoner by the Black Prince And there were but six weeks difference of time twixt both Victories In Richard the seconds Raign the French King sent his High Admiral with a thousand
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